Staff ReportDRAFT Town Council Meeting 05119/15
Item # I
MINUTES OF THE TOWN COUNCIL /PARKING AUTHORITY MEETING
MAY 5, 2015
The Town Council of the Town of Los Gatos conducted a Special Meeting on Tuesday,
May 5, 2015, to hold a Study Session at 5:00 p.m. and a Regular Meeting at 7:00 p.m.
STUDY SESSION — 5:00
Money Matters and More
The Town's Budget: Past,
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Present and Prospective
ROLL CALL
Present: Mayor Marcia Jensen, Vice Mayor Barbara Spector, Council Member Steve
Leonardis, Council Member Rob Rennie, Council Member Marico Sayoc.
Absent: None
Steve Conway, Finance Director, and Jennifer Callaway, Finance & Budget Manager,
presented the staff report.
Staff to bring information back to Council on the following:
1. The Utility Commission - sources of revenue and possible other revenue
measures.
2. Business Licenses Audit - a cost - benefit analysis to find out if worth it to conduct
such an audit.
3. Potential population increase due to North 40 and how much that will cost the
Town in services (library, PPW, CDD, and Police).
4. Possible establishment of an oversight commission for large projects.
5. What 31 cities participated in the benchmarking data?
6. Unfunded road repairs of $40 million — valid number? How was the estimate
derived? Identify the document that has this information.
7. Economic vitality — Plan to help support local businesses and increase /generate
sales tax.
8. Percentage of sales tax received from County pool for internet sales as well as
breakout of sales tax receipts by segment.
9. How are the fees for using library services determined (e.g. not all people are
charged to use the County libraries)?
10. Benchmarking of General Fund budget allocations by department — what is the
purpose of the information.
11. How is the Town budgeting for training and what is the staff plan to use training
to mitigate on the job injuries as they impact workers compensation?
12. Unfunded Pension Liability — If we are 72% funded, what is our total liability?
13. What has the vector been for unfunded liabilities — are we doing better or worse
in terms of funding?
14. What amount of our pension payment is for Police?
Study Session — continued
15. The current budget added staff. How did that go? Were the staff adds /changes in
FY 14/15 effective? If we aren't continuing it, does that mean that it didn't work
out?
VERBAL COMMUNICATIONS
Angelia Doerner
- Commented on the budget and suggested reports back to Council on big projects
and expenditures.
STUDY SESSION ADJOURNED
Study session adjourned at 6:42 p.m.
BUSINESS 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
George Ross led the Pledge of Allegiance. The audience was invited to participate.
PRESENTATIONS
Mayor Jensen presented a Proclamation for National Public Works Week to Matt
Morley, Parks and Public Works Director.
COUNCIL /TOWN MANAGER REPORTS
Council Matters
- Council Member Rob Rennie had no report.
- Vice Mayor Barbara Spector stated she attended the Council Policy Committee
meeting.
- Mayor Marcia Jensen stated she attended the Council Policy Committee meeting
and the West Valley Mayors and Managers meeting.
- Council Member Steve Leonardis thanked Jersey Mike's Sandwich Shop for
donating $3,000 to Los Gatos Schools in its first three weeks in business.
- Council Member Marico Sayoc stated she attended the Associated Bay Area
Governments (ABAG) General Assembly meeting.
Manager Matters
- Announced the new Art in the Council Chambers exhibit by the Los Gatos - Saratoga
Camera Club will be displayed May 1 through July 30, 2015, and the reception will
be held in the Council Chambers on Thursday, May 7 from 6:00 to 7:30 p.m.
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Town Council /Parking Authority May 5, 2015
CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION)
1. Town Council Minutes:
a. Approve April 14, 2015
b. Approve April 21, 2015
c. Modification to the March 3, 2015 Council /Parking Authority Meeting
Minutes
2. Adopt a Resolution making determinations and approving the reorganization of
territory designated as Blossom Hill Road No. 24, approximately 1. 11 acres
located at 15900 Blossom Hill Road. APN: 527 -07 -014. File #AN14 -005
RESOLUTION 2015 -024
3. Staff recommends that the Town Council adopt a Resolution declaring hazardous
vegetation (brush) a public nuisance and providing for abatement and setting
June 2, 2015 as a public hearing to hear protests on this annual program.
RESOLUTION 2015 -025
4. Cartegraph System Upgrades 411 - 841 -6401
a. Authorize the Town Manager to execute a First Amendment to Agreement
with Cartegraph Systems, Inc. for software costs and professional
services in an amount not to exceed $5,763
b. Authorize a budget transfer from Town Digital Aerial
Photograph /Topographic Map Project 411 - 821 -2006 in the amount of
$5,763 to Cartegraph System Upgrades Project 411 - 841 -6401
5. Authorize the Town Manager to execute an Agreement for Services with St.
Francis Electric, Inc. to provide annual traffic signal and street light maintenance
and repair services, and Underground Service Alert (USA) marking services in an
amount not to exceed $120,000
6. Landscape & Lighting Assessment Districts 1 & 2
Staff recommends that the Town Council:
a. Adopt a Resolution approving the Engineer's Report for Fiscal Year
2015/16 RESOLUTION 2015 -026
b. Adopt a Resolution of intention to order the levy and collection of
assessments for Landscape and Lighting No. 1- Blackwell Drive Benefit
Zone RESOLUTION 2015 -027
c. Adopt a Resolution of intention to order the levy and collection of
assessments for Landscape and Lighting District No. 1- Kennedy
Meadows Benefit Zone RESOLUTION 2015 -028
d. Adopt a Resolution of intention to order the levy and collection of
Assessments for Landscape and Lighting District No. 1 -Santa Rosa
Heights Benefit Zone RESOLUTION 2015 -029
e. Adopt a Resolution of Intention to order the levy and collection of
assessments for Landscape and Lighting District No. 1- Vasona Heights
Benefit Zone RESOLUTION 2015 -030
f. Adopt a Resolution of intention to order the levy and collection of
assessments for Landscape and Lighting District No. 1- Hillbrook Drive
Benefit Zone RESOLUTION 2015 -031
Town Council /Parking Authority May 5, 2015
Consent Items — continued
g. Adopt a Resolution of intention to order the levy and collection of
assessments for Landscape and Lighting District No. 2- Gemini Court
Benefit Zone RESOLUTION 2015 -032
MOTION: Motion by Council Member Steve Leonardis to approve Consent
Items 1 -6, inclusive of Desk Items. Seconded by Vice Mayor
Barbara Spector.
VOTE: Motion passed unanimously.
VERBAL COMMUNICATIONS
Camille Athearn
Requested permission to hang lime green ribbons on trees and poles in the
Downtown area and the Blossom Manor area to bring awareness to Lyme disease.
Cheriel Jensen
- Requested the Council to discuss and respond to the adopted Negative Declaration
that has been submitted by the Valley Transportation Authority (VTA) for the
Highway 85 toll lane expansion.
John Shepardson
- Commented on police funding, shopping locally, and green bike lanes.
PUBLIC HEARINGS
7. Introduce an ordinance amending Town Code Section 18.60.010 and Section
18.60.015 that would regulate electronic smoking products and all nicotine
delivery devices in the same way as traditional tobacco products within the Town
of Los Gatos ORDINANCE 2238
Shomik Jain, Youth Commissioner, presented the staff report.
Opened Public Comment at 7:37 p.m.
David Weissman
- Commented in favor of the proposed ordinance.
Closed Public Comment at 7:41 p.m.
Council discussed the matter.
Town Council /Parking Authority May 5, 2015
Public Hearing Item #7 — continued
MOTION: Motion by Council Member Marico Sayoc for introduction and
first reading of the ordinance, by number and title only, amending
Los Gatos Town Code Section 18.60.010 and Section 18.60.015
for Regulating Electronic Smoking products as recommend by the
Youth Commission; to direct staff to bring back additional non-
smoking provisions to address smoking distances from building
entrances and other circumstances, and do an overall refresher
and clean -up of the existing smoking ordinances based on current
federal and state law and what other local jurisdictions are doing;
and the $1000 as requested by the Youth Commission will be
funded. Seconded by Council Member Steve Leonardis.
VOTE: Motion passed unanimously.
Shelley Neis, Clerk Administrator, read the title of the Ordinance.
8. Water Conservation
Staff recommends that the Town Council:
a. Adopt a 45 -day Urgency Ordinance declaring the existence of a condition
of drought and providing for mandatory reductions in and specified
prohibitions of water use ORDINANCE 2239
b. Direct staff to implement water conservation measures and activities as
described in the staff report
c. Approve a $65,000 General Fund budget adjustment adding a water
conservation line -item to be incorporated into the Town's FY 2014/15
Expenditure budget. Approve unexpended balance to be carried forward
for water conservation /drought response into FY 2015/16
Matt Morley, Parks and Public Works Director, presented the staff report.
Opened Public Comment at 8:11 p.m.
Angelia Doerner
- Commented on the tree replacements as part of the Almond Grove repaving project
and who will be watering them after they are planted.
Stephen Ma, Executive Director, Los Gatos - Saratoga Recreation
- Commented he is in agreement with staff's recommendation for water use
reduction.
Rachael Gibson, Santa Clara Valley Water District
- Thanked Council and staff for working with them early on and requested Council call
for residents to reach the 30% water reduction.
Town Council /Parking Authority May 5, 2015
Public Hearing Item #8 — continued
Closed Public Comment at 8:19 p.m.
Council discussed the matter.
MOTION: Motion by Council Member Steve Leonardis to adopt the
Urgency Ordinance and direct staff to implement the water
conservation measures as described in the staff report on the
pages "What can Los Gatos do" and "What others are doing" with
the following provisions: 1) must water before 5 a.m. with automatic
sprinkler systems; 2) a mandatory 25% reduction in water use by
residents; and 3) the Town Plaza fountain to be run three hours per
week only; and approve the $65,000 to fund water conservation
measures in the Town. Seconded by Vice Mayor Barbara
Spector.
VOTE: Motion passed unanimously.
MOTION: Motion by Vice Mayor Barbara Spector to direct staff to make a
formal request to San Jose Water Company to contribute funds
towards the Town's enforcement of the urgency ordinance.
Seconded by Council Member Marico Sayoc.
VOTE: Motion passed unanimously.
MOTION: Motion by Council Member Marico Sayoc that staff look at
reviewing and updating current Town code for Water Efficient
Landscaping, including the approved tree list to prioritize the use of
drought tolerant trees. Seconded by Council Member Steve
Leonardis.
VOTE: Motion passed unanimously.
Staff to bring back to Council a work plan detailing what has been done and what needs
to be done in regards to Items B through D on page 8 of the Staff report.
Recess called at 8:45 p.m.
Reconvened at 8:55 p.m.
9. Architecture and Site Application S -14 -072 Project Location: 15343 Santella
Court. Property Owner /Applicant Davidon Homes Appellant Dave Weissman
Consider a request to appeal the decision of the Planning Commission denying
an appeal of a decision of the Development Review Committee approving an
Town Council /Parking Authority May 5, 2015
Public Hearing Item #9 — continued
Architecture and Site Application to construct a new single family residence on
property zoned HR- 2' /2:PN APN 527 -09 -016 RESOLUTION 2015 -033
MOTION: Motion by Mayor Marcia Jensen to continue the matter at the
request of the appellant to a date certain of May 19, 2015, and
close the period for any documents to be submitted to Council on
May 11, 2015, by 5:00 p.m. Seconded by Council Member Steve
Leonardis.
VOTE: Motion passed unanimously.
10.2015 -2023 Housing Element (General Plan Amendment Application GP -14 -002)
and Addendum to the General Plan Final EIR. RESOLUTION 2015 -034
Laurel Prevetti, Assistant Town Manager /Community Development Director, presented
the staff report.
Opened Public Comment at 9:13 p.m.
Leigh -Anne Marcellin
- Commented on the 2015 -2023 Housing Element impact on the Los Gatos Union
School District schools.
Jeff Loughridge
- Commented that a possible alternative to using any Affordable Housing Overlay
Zone (AHOZ) locations in Town is to use all the units at the North 40 and the
Southbay site with its current zoning; stated it would also eliminate the necessity of
any AHOZ sites; stated that unless a particular site is used in the Housing Element,
the AHOZ designation should be removed from it; stated something more than the
General Plan Committee be put in place to keep the important elements of the
Housing Element front and center as future developments are considered.
Closed Public Comment at 9:17 p.m.
Council discussed the matter.
MOTION: Motion by Mayor Marcia Jensen to adopt the resolution adopting
the 2015 -2023 Housing Element (General Plan Amendment
Application GP -14 -002) and Addendum to the General Plan Final
EIR; and refer the recommendations from the Housing Element
Advisory Board and the Planning Commission to the Strategic
Goals discussion in June 2015. Seconded by Council Member
Marico Sayoc.
Town Council /Parking Authority May 5, 2015
Public Hearing Item #10 — continued
VOTE: Motion failed 2/3. Vice Mayor Barbara Spector, Council
Members Steve Leonardis and Rob Rennie voting no.
MOTION: Motion by Council Member Marico Sayoc to approve the
Housing Element with two line item changes in Table 4: the North
40 be reduced to 270 units and the changes between the income
categories be changed accordingly; the Oak Rim site be replaced
with the Southbay site with 148 units and staff complete the income
distribution and refer the recommendations from the Housing
Element Advisory Board and Planning Commission to the Strategic
Goals discussion. Seconded by Vice Mayor Barbara Spector.
VOTE: Motion passed 4/1. Mayor Marcia Jensen voting no.
OTHER BUSINESS
11. Mobile Audio Video System
Staff recommends that the Town Council:
a. Authorize the Interim Town Manager to execute a Memorandum of
Agreement with L -3 Communications Mobile- Vision, Inc. for the purchase
of a Mobile Audio Video System (MAV) in an amount not to exceed
$125,000
b. Authorize a revenue and expenditure budget adjustment in the amount of
$31,066 to the Equipment Replacement Fund (5402- 81105) for the Police
Foundation funding and MIS funding
c. Authorize a transfer in and a transfer out budget adjustment in the amount
of $15,000 from the General Fund and $16,066 from the MIS Fund to the
Equipment Replacement Fund
Matt Frisby, Chief of Police, presented the staff report.
Opened and closed Public Comment at 9:48 p.m.
Council discussed the matter.
MOTION: Motion by Council Member Steve Leonardis to approve
recommendation A through C in the staff report. Seconded by
Council Member Rob Rennie.
VOTE: Motion passed unanimously.
12. Draft Town Code language for potential ordinances regarding alcoholic beverage
service and entertainment to incorporate the recommendations of the Alcohol
and Entertainment Ad Hoc Council Committee
Town Council /Parking Authority May 5, 2015
Other Business Item #12 — continued
Joel Paulson, Planning Manager, presented the staff report.
Opened Public Comment at 10:00 p.m.
Larry Arzie
- Commented in opposition to the policy.
Jessica LaMaack
- Commented that she is representing the Los Gatos members of the California
Restaurant Association; the members are still reviewing the draft ordinance and the
issue of conditional use permits; the issue of permits is very important to them and
they will have some comments; and they look forward to working with staff and
Council.
Closed Public Comment at 10:04 p.m.
Council discussed the matter.
MOTION: Motion by Mayor Marcia Jensen to send the matter to the Policy
Committee to consider the concerns and decide if it should
be changed or codified and ask the Policy Committee to put it on an
expedited program. Seconded by Vice Mayor Barbara Spector.
VOTE: Motion passed 4/1. Council Member Rob Rennie voting no.
ADJOURNMENT
The meeting adjourned at 10:20 p.m.
Attest:
Shelley Neis, Clerk Administrator
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Town Council /Parking Authority May 5, 2015