M03-03-2015
Town Council Meeting 03/17/15
Item #1
MINUTES OF THE TOWN COUNCIL/PARKING AUTHORITY MEETING
MARCH 3, 2015
The Town Council of the Town of Los Gatos conducted a Special Meeting on Tuesday,
March 3, 2015, to hold a Study Session at 5:30 p.m. and a Regular Meeting at 7:00 p.m.
STUDY SESSION CALLED TO ORDER AT 5:32 P.M.
Welcome and Introductions
Diana Abatti, Los Gatos Union School District (LGUSD) Superintendent; Bob Mistele,
Los Gatos Saratoga Union High School District (LGSUHSD) Superintendent; Peter
Noymer, LGUSD Board Member; Marico Sayoc, Town Council Member; Scott
Broomfield, LGUSD Board Member; Steve Leonardis, Town Council Member; Marcia
Jensen, Mayor; Leigh-Anne Marcellin, LGUSD Board of Trustees President; Barbara
Spector, Vice Mayor; Emi Eto, LGUSD Board Member; Rob Rennie, Town Council
Member; Alex Potts, LGUSD Board Member.
Presentation and Discussion of Palo Alto Safe Routes to School Program
Implementation
Penny Ellson, Co-Chair Palo Alto Council of Parent Teacher Association’s Traffic Safety
Committee
- Presented information on the Palo Alto Safe Routes to School Program and
addressed questions.
Discussion of Los Gatos Safe Routes to School Program
Diana Abatti, Superintendent of LGUSD
- Commented on the Los Gatos Safe Routes to School Program.
School District Updates on Capital Projects
Bob Mistele, Superintendent LGSUHSD
- Provided an update on the Los Gatos High School capital projects.
Leigh-Anne Marcellin, LGUSD Board of Trustees President
- Provided an update on the Fisher Middle School Gym Complex capital project.
Future Joint Study Session Scheduling and Potential Topics
None scheduled at this time.
VERBAL COMMUNICATIONS
Payton and Shane Hourani
- Requested a sidewalk be built on Winchester Blvd. between Newell and Creekside.
Verbal Communications – continued
Tom Thimot
- Commented in support of the collaboration and Safe Routes to School Program.
Chris Miller
- Commented in support of Safe Routes to School Program.
Alice Kawaguchi, Santa Clara County Public Health Department, Traffic Safe
Communities Network
- Commented that Los Gatos has a unique Safe Routes to School committee and has
great things in place already.
Thomas Cook
- Commented there is a great team effort in Los Gatos and encouraged the
continuation of the collaboration.
STUDY SESSION ADJOURNED
Study Session adjourned at 6:46 p.m.
REGULAR MEETING CALLED TO ORDER AT 7:00 P.M.
ROLL CALL
Present: Mayor Marcia Jensen, Vice Mayor Barbara Spector, Council Member Steve
Leonardis, Council Member Rob Rennie, Council Member Marico Sayoc.
Absent: None
PLEDGE OF ALLEGIANCE
Benjamin Fox led the Pledge of Allegiance. The audience was invited to participate.
PRESENTATION ON STREET LIBRARIES
Philip Dimitriev and Luca Bommarito presented their project to bring street libraries to
Los Gatos.
COUNCIL/TOWN MANAGER REPORTS
Council Matters
- Council Member Rob Rennie stated he attended the League of Cities dinner, the
Santa Clara County Housing and Community Development Advisory Committee
meeting, and the new Parking Infrastructure Ad Hoc Committee meeting.
- Vice Mayor Barbara Spector stated she attended the Council Policy Committee
meeting with the Mayor, and the Parking Infrastructure Ad Hoc Committee meeting.
- Council Member Steve Leonardis requested two items be placed on a future
agenda, 12 Bayview Avenue and 130 Massol Avenue.
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Town Council/Parking Authority March 3, 2015
Council Matters – continued
- Council Member Marico Sayoc stated the Housing Element Advisory Board (HEAB)
will meet Thursday, March 5 from 7:00 to 9:00 p.m. in the Council Chambers.
Manager Matters
- Assistant Town Manager Laurel Prevetti announced that recruitment has begun for
student commissioners and vacant positions on the Arts & Culture Commission,
Community & Senior Services Commission, Parks Commission, Personnel Board,
and the newly formed Planned Development Zoning Study Committee. Application
deadlines and more information may be found on the Town website or by contacting
the Clerk’s Department.
VERBAL COMMUNICATIONS
Bryan Mekechuk
- Encouraged the Council to go on a police ride along if they have not already done
so.
Jeff Loughridge
- Requested that the staff reports and addenda be provided in a digital format rather
than a pdf, and commented on the 258 Union Avenue project and inquired if Council
has any process to view or know that the comments and direction they give are
passed along to the Planning Commission.
John Shepardson
- Commented on possible outsourcing of police services.
CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION)
1. Approve Council Minutes of February 17, 2015
2. Adopt resolution making determinations and approving the reorganization of
territory designated as Loma Street No. 4, approximately 0.115 acre located at
16741 Loma Street. APN 532-07-002. File #AN14-007
3. Adopt resolution to set a date for consideration of a reorganization of an
uninhabited area designated as Aztec Ridge Drive No. 1, approximately 1.42
acres located at 16347 Aztec Ridge Drive. APN 532-26-027. File #AN14-006
4. Annual Progress Report on the General Plan and Housing Element
Implementation
5. Planned Development Application PD-14-003 project location: 15574, 15588,
15602, 15615, 15630, 15644, 15657, 15672, and 15685 Shady Lane; 15315,
15310, 15330, 15343, 15358, 15365, and 15371 Santella Court; 15415 Santella
Drive; and 15675 and 15685 Gum Tree Lane (located in the Highlands of Los
Gatos Planned Development on Shady Lane east of Short Road) Property
Owner/Applicant: Davidon Homes
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Town Council/Parking Authority March 3, 2015
Consent Items – continued
Consider a request to modify the existing Planned Development (Ordinance
2147) to modify the requirement for exterior colors on property Zoned HR-
2Y2:PD. APNs 527-09 -010 through 024 and 030 through 033
6. Complete Streets Project 411-812-0123 (Pilot Green Bike Lanes)
Staff recommends that the Town Council consider:
a. Authorizing the Town Manager to execute a Construction Agreement with
Chrisp Company in an amount not to exceed $49,100
b. Authorizing staff to execute future change orders to the Construction
Agreement in an amount not to exceed $4,900
c. Providing additional direction to staff on locations and materials
7. PPW Job No. 13-04 – Winchester/Lark Avenue Intersection Improvements
Project 813-0203
Staff recommends that the Town Council consider:
a. Approving Plans and Specifications for the Winchester Boulevards/Lark
Avenue Intersection Improvements Project and authorizing staff to
advertise the project for bid
b. Authorizing the Town Manager to award and execute a construction
agreement in an amount not to exceed $805,061, including contingencies
c. Authorizing staff to execute future change orders in an amount not to
exceed fifteen percent of the contract award amount
8. Consider adopting a resolution establishing the Town of Los Gatos Bicycle and
Pedestrian Advisory Commission and dissolving the Bicycle Advisory Committee
by rescinding Resolution 2005-39
9. Status report on the Los Gatos Sustainability Plan
10. Consider the recommendations from the Policy Committee:
a. Approve the revised Council Code of Conduct Council Policy.
b. Approve the revised Agenda Format and Rules Council Policy.
c. Adopt a resolution to validate the following Council Policies:
i. 2-11: Commission Appointments
ii. 2-13: Public Use of Town Equipment and Signs at Town Council
and Planning Commission Meetings
iii. 2-14: Town Council, Planning Commission and Employee Use of
Tablets for Digital Agenda Packets
iv. 3-2: Traffic Impact Policy
v. 4-4: General Fund Reserve Policy
vi. 4-5: GASB 54 Fund Balance Policy
d. Adopt a resolution to rescind the following Council Policies:
i. 2-6: Public Access to Council Decision Making
ii. 2-7: Appointments and Memberships
iii. 2-8: Americans with Disabilities Notice on Town Agendas
11. Approve an Employment Agreement between the Town of Los Gatos and Town
Manager Greg Larson
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Town Council/Parking Authority March 3, 2015
Consent Items – continued
12. Appointment of Interim Town Manager
Staff recommends that the Town Council consider:
a. Approving an Employment Agreement to appoint Leslie R. White as
Interim Town Manager
b. Approving FY 14/15 budget adjustment in the amount of $70,000 (March
2015 through June 30, 2015), funding available from anticipated FY 14/15
year-end revenues above expenditures.
Items 6, 7, 8, and 9 pulled from the Consent Calendar.
MOTION: MotionVice Mayor Barbara Spector
by to approved Consent
Items 1 through 12, exclusive of Items 6, 7, 8, and 9, and noting
Seconded
that Item 5 has been continued to March 17, 2015. by
Council Member Steve Leonardis.
VOTE: Motionpassed unanimously.
Pulled Consent Item #6
6. Complete Streets Project 411-812-0123 (Pilot Green Bike Lanes)
Staff recommends that the Town Council consider:
a. Authorizing the Town Manager to execute a Construction Agreement with
Chrisp Company in an amount not to exceed $49,100
b. Authorizing staff to execute future change orders to the Construction
Agreement in an amount not to exceed $4,900
c. Providing additional direction to staff on locations and materials
Lisa Petersen, Town Engineer, presented the staff report.
Opened Public Comment at 7:41 p.m.
Natalie Ladd
- Commented on the scope and price of the project.
John Shepardson
- Commented on the scope of the project.
Closed Public Comment at 7:48 p.m.
Council discussed the matter.
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Town Council/Parking Authority March 3, 2015
Pulled Consent Item #6 – continued
MOTION: MotionCouncil Member Steve Leonardis
by to accept staff’s
recommendation as listed in the staff report; that Council
recommends locations as specified by staff; that staff do its best
effort to put these materials into effect within four to six weeks; that
staff report back to Council in six months; and that staff do its best
efforts to outreach to and obtain feedback from the community
including using digital means (e.g. Nextdoor.com and other modes).
SecondedVice Mayor Barbara Spector.
by
VOTE: Motionpassed unanimously.
Pulled Consent Item #7
7. PPW Job No. 13-04 – Winchester/Lark Avenue Intersection Improvements
Project 813-0203
Staff recommends that the Town Council consider:
a. Approving Plans and Specifications for the Winchester Boulevards/Lark
Avenue Intersection Improvements Project and authorizing staff to
advertise the project for bid
b. Authorizing the Town Manager to award and execute a construction
agreement in an amount not to exceed $805,061, including contingencies
c. Authorizing staff to execute future change orders in an amount not to
exceed fifteen percent of the contract award amount
Lisa Petersen, Town Engineer, presented the staff report.
Opened Public Comment at 8:06 p.m.
John Shepardson
- Inquired if the traffic fee paid by the Albright project was part of the funds to pay for
the improvements.
Closed Public Comment at 8:08 p.m.
Council discussed the matter.
MOTION: MotionCouncil Member Steve Leonardis
by to go forward with
staff recommendations 1, 2, and 3 on page 1 of the staff report.
SecondedMayor Marcia Jensen.
by
VOTE: Motionpassed unanimously.
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Town Council/Parking Authority March 3, 2015
Pulled Consent Item #8
8. Consider adopting a resolution establishing the Town of Los Gatos Bicycle and
Pedestrian Advisory Commission and dissolving the Bicycle Advisory Committee
by rescinding Resolution 2005-39
Matt Morley, Director of Parks & Public Works, presented the staff report.
Opened Public Comment at 8:16 p.m.
Natalie Ladd
- Commented on the structure of the commission and the appointment of the VTA
representative.
Maria Ristow
- Commented on the process for the appointment of the VTA representative.
Closed Public Comment at 8:21 p.m.
Council discussed the matter.
MOTION: MotionMayor Marcia Jensen
by to 1) adopt a resolution
establishing the Town of Los Gatos Bicycle & Pedestrian Advisory
Commission (BPAC) and dissolving the Bicycle Advisory
Committee by rescinding Resolution 2005-39; 2) modify the
resolution (Attachment 3 of staff report) to change paragraph 2a to
three members will be appointed by Council and four members
shall consist of a representative from the Youth Commission, the
Transportation and Parking Commission, the Parks Commission,
and the Safe Routes to School Committee; 3) revoking the
appointment to the Valley Transportation Authority (VTA) and
opening the application process to be in conjunction with the
appointment process for the newly formed commission; 4)
Commission appointments to be made yearly and the Council
appointed members be appointed for a term of three years each;
SecondedVice
and 5) strike section 3.d.ii from the resolution. by
Mayor Barbara Spector.
VOTE: Motionpassed unanimously.
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Town Council/Parking Authority March 3, 2015
Pulled Consent Item #9
9. Status report on the Los Gatos Sustainability Plan
Opened and Closed Public Comment at 8:32 p.m.
Council discussed the matter.
MOTION: MotionCouncil Member Steve Leonardis
by to accept the status
SecondedCouncil
report on the Los Gatos Sustainability Plan. by
Member Rob Rennie.
VOTE: Motionpassed unanimously.
OTHER BUSINESS
13. Oak Meadow Park Master Plan and Bachman Park Improvement Plan Request
For Proposals
Staff recommends that the Town Council consider:
a. Authorizing the issuance of a Request for Proposals (RFP) for preparation
of a master plan for Oak Meadow Park and an improvement plan for
Bachman Park
b. Authorizing the Town Manager to execute a contract with the most
qualified bidder or bidders for an amount not to exceed $80,000 for Oak
Meadow Park and $30,000 for Bachman Park
c. Authorizing a budget transfer in the amount of $27,610 from the Blossom
Hill Park Upgrades Project 411-831-3404 to the Oak Meadow Park
Upgrades Project 411-831-4004
d. Authorizing a budget transfer in the amount of $22,390 from the Oak
Meadow Park Gazebo Project 411-831-4005 to the Oak Meadow Park
Upgrades Project 411-831-4004
Matt Morley, Director of Parks and Public Works, presented the staff
Opened Public Comment at 8:50 p.m.
Sharon Childs, Los Gatos Community Foundation Executive Director
- Commented on the landscaping around the historic cupola and the proposed
funding for the master plan.
John Shepardson
- Commented that Oak Meadow Park would be a better venue for the veterans’
memorial and expressed support of a full basketball court at Bachman Park.
Closed Public Comment at 8:56 p.m.
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Town Council/Parking Authority March 3, 2015
Other Business Item #13 – continued
Council discussed the matter.
MOTION: MotionVice Mayor Barbara Spector
by direct staff to obtain input
from the community (e.g. one community meeting) with regard to
the uses of Oak Meadow Park and Bachman Park, and as to the
prioritization or the financing of the improvements, that these items
come back to Council during the strategic goals discussion.
SecondedCouncil Member Steve Leonardis.
by
VOTE: Motionpassed unanimously.
Recess called at 9:08 p.m.
Reconvened at 9:20 p.m.
14. Almond Grove Streets Project Design Direction
Staff recommends that the Town Council consider:
a. Directing staff to prepare bid documents for both concrete reconstruction
and asphalt pavement overlay
b. Authorizing staff to increase the scope of Nichols Consulting Engineers
(NCE)Agreement by 19,000 to allow a project to be bid for both concrete
reconstruction and asphalt pavement overlay
c. Providing other design direction
Lisa Petersen, Town Engineer, presented the staff report.
Opened Public Comment at 9:49 p.m.
Alice Miano did not come forward.
Colin Corbett
- Commented on the state of the streets in Almond Grove.
Angelia Doerner
- Commented on the scope and timeline of the project.
Dennis Grist
- Commented on the scope of the project.
John Shepardson
- Commented on the materials and funding of the project.
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Town Council/Parking Authority March 3, 2015
Other Business Item #14 – continued
Ron Hershberger
- Commented on the state of the sidewalks and the difference in the materials.
Closed Public Comment at 10:04 p.m.
Council discussed the matter.
MOTION: MotionVice Mayor Barbara Spector
by to move forward and get
SecondedCouncil Member Rob Rennie.
bids for concrete. by
VOTE: Motionpassed 3/2. Council Members Steve Leonardis and
Marico Sayoc voting no.
15. FY 2014/15 Mid-Year Budget Performance and Status Report – Six Months
Ending December 31, 2014
a. Accept FY 2014/15 Mid-Year Budget Performance and Status Report,
including FY 2014/15 year-end projections
b. Consider authorizing budget adjustments as recommended in the
attached Second Quarter Budget Performance Report
c. Consider authorizing reimbursement of $6,436.34 to the Veterans
Foundation of Los Gatos
d. Consider support and sponsorship of the 2015 Plein Air Sponsorship
request
Steve Conway, Director of Finance, presented the staff report.
Opened and Closed Public Comment at 10:49 p.m.
MOTION: MotionCouncil Member Marico Sayoc
by to accept the Mid-Year
Budget Performance and Status Report, including FY 2014/15
SecondedCouncil Member Steve
year-end projections. by
Leonardis.
VOTE: Motionpassed unanimously
MOTION: MotionCouncil Member Steve Leonardis
by to consider
authorizing budget adjustments as recommended in the attached
Second Quarter Budget Performance Report (Attachment 1).
SecondedCouncil Member Rob Rennie.
by
VOTE: Motionpassed unanimously
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Town Council/Parking Authority March 3, 2015
Other Business Item #15 – continued
MOTION: MotionCouncil Member Steve Leonardis
by to deny the request
for reimbursement of $6,436.34 by the Veterans Foundation of Los
SecondedMayor Marcia Jensen.
Gatos. by
VOTE: Motionpassed 4/1. Council Member Rob Rennie voting no.
MOTION: MotionCouncil Member Steve Leonardis
by to deny the request
for support and sponsorship of the 2015 Plein Air Exhibition and
Sale.
VOTE: Motionfailed for lack of a second.
MOTION: MotionMayor Marcia Jensen
by to approve the request for
sponsorship for this year only in the amount of $1,500 from the
Manager’s Contingency Fund and any future funding to come back
through the arts grant process.
VOTE: Motionfailed for lack of a second.
MOTION: MotionVice Mayor Barbara Spector
by that the Town give Plein
Air one time funding for 2015 in the amount of $1,500 and direct
Plein Air, should they wish funding in the future, to go through the
SecondedMayor Marcia Jensen.
arts grant funding process. by
VOTE: Motion failed 2/2/1. Council Members Steve Leonardis and
Marico Sayoc voting no and Council Member Rob Rennie
abstained
.
MOTION: MotionVice Mayor Barbara Spector
by to deny the mid-year
budget request from Plein Air for sponsorship of the 2015 Exhibition
SecondedCouncil Member Steve Leonardis.
and Sale. by
VOTE: Motionpassed 4/1. Council Member Rob Rennie abstained.
PUBLIC HEARINGS
16. Electric Vehicle Charging Stations
Staff recommends that the Town Council consider:
a. Adopting a resolution approving the Electric Vehicle Charging Station Fee
Schedule for FY 2015/16
b. Accepting staff report on Electric Vehicle Charging Station Infrastructure
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Public Hearings Item #16 – continued
Matt Morley, Director of Parks and Public Works, presented the staff report.
Opened and Closed the Public Hearing at 11:21 p.m.
Council discussed the matter.
MOTION: MotionCouncil Member Steve Leonardis
by to adopt a
resolution approving the electric vehicle (EV) charging station fee
schedule for FY 2015/16 and accepting the staff report on EV
SecondedCouncil Member
charging station infrastructure. by
Rob Rennie.
VOTE: Motionpassed unanimously
17. Adopt resolution approving the Comprehensive Fee and Fine Schedule FY
2015/16, to continue certain department fees, rates and charges, amending
certain fees, rates, and charges for FY 2015/16
Jennifer Callaway, Finance & Budget Manager, presented the staff report.
Opened and Closed Public Comment at 10:28 p.m.
MOTION: MotionCouncil Member Steve Leonardis
by to adopt a
resolution approving the Comprehensive Fee & Fine Schedule FY
2015/16, to continue certain department fees, rates, and charges,
amend certain fees, rates, and charges for FY 2015/16 and to
provide updated information next year on certain fees/fines.
SecondedVice Mayor Barbara Spector.
by
VOTE: Motionpassed unanimously
18. Conditional Use Permit Application U-14-018. Project Location: 15991 Los Gatos
Boulevard. Property Owner: Tom Consunji, CHL Ventures LP. Applicant: Hannah
Walbridge, Super Duper Burgers
Consider a request for a Conditional Use Permit for a high turnover sit down
restaurant (Super Duper Burgers) with outdoor seating and beer and wine
service with meals on property zoned CH:PD. APN 529-65-028
Erin Walters, Associate Planner, presented the staff report.
Hannah Walbridge, applicant, spoke on the project.
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Town Council/Parking Authority March 3, 2015
Public Hearings Item #18 – continued
Opened Public Comment at 11:10 p.m.
John Shepardson
- Commented on the availability of nutritious food.
Closed Public Comment at 11:13 p.m.
Council discussed the matter.
MOTION: MotionCouncil Member Steve Leonardis
by to approve staff
recommendations with 61 seats as recommended by the Planning
Commission.
VOTE: Motionfailed for lack of a second.
MOTION: MotionVice Mayor Barbara Spector
by to approve the findings
and conditions included with staff report with seating at 65.
SecondedCouncil Member Rob Rennie.
by
VOTE: Motionpassed 4/1. Council Member Steve Leonardis voting
no.
19. North Forty Specific Plan, General Plan Amendment GP-14-001, Zoning Code
Amendment Z-14-001, and Environmental Impact Report EIR-10-002. Project
Location: the plan area comprises approximately 44 acres located at the northern
extent of the Town of Los Gatos, bordered by State Route 17 and State Route 85
freeways to the West and North, Los Gatos Boulevard to the east, and Lark
Avenue to the south. APN 424-07-009, 010, 024 through 027, 031 through 037,
052 through 054, 060, 063 through 065, 070, 081 through 086, 090, 094 through
096, 099, 100, 424-06-115, 116, and 129. Property Owners: Thomas & Miyoko
Yuki, Herbert & Barbara Yuki, ETPH LP, William Mattes, Peter Brutsche, William
Fales. William Hirschman, Elizabeth Dodson, Patricia Connell, Hans Mattes, Tak
Petroleum, Dewey Ventura, Alexander & Betty Moisenco, Lucy, Dagostino,
Robert & Georgianna Spinazze, Marianne Ezell, Los Gatos Medical Office
Center, LLC. Applicant: Town of Los Gatos.
a. Consider adoption of the North Forty Specific Plan
b. Consider adoption of General Plan Amendments
c. Consider adoption of an ordinance effecting a zoning code amendment
d. Adoption of a Mitigation Monitoring and Reporting Program, and adoption
of Findings of Fact and Statement of Overriding Considerations
(Continued from 2/3/15)
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Town Council/Parking Authority March 3, 2015
Public Hearing Item #19 – continued
MOTION: MotionVice Mayor Barbara Spector
by to adjourn at midnight.
SecondedCouncil Member Steve Leonardis.
by
VOTE: Motionpassed unanimously.
Council discussed the matter and asked staff to respond to several questions regarding
housing, density bonus, and related topics
MOTION: MotionMayor Marcia Jensen
by to continue the matter to a date
SecondedVice
certain of April 14, 2015 for a special meeting. by
Mayor Barbara Spector.
VOTE: Motionpassed unanimously.
ADJOURNMENT
The meeting adjourned at 12:02 a.m.
Attest:
_____________________________________
/s/ Shelley Neis, Clerk Administrator
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Town Council/Parking Authority March 3, 2015