M05-19-2015
Town Council Meeting 06/02/15
Item #1
MINUTES OF THE TOWN COUNCIL/PARKING AUTHORITY MEETING
MAY 19, 2015
The Town Council of the Town of Los Gatos conducted a Special Meeting on Tuesday,
May 19, 2015, to hold a Closed Session at 5:00 p.m., a Study Session at 6:00 p.m., and
a Regular Meeting at 7:00 p.m.
CLOSED SESSION – 5:00 P.M.
CS-1 CONFERENCE WITH LEGAL COUNSEL – INITIATION OF LITIGATION
(Government Code Section 54956.9[d][4])
Town of Los Gatos vs. California Department of Transportation and the Santa
Clara Valley Transportation Authority
CS-2 CONFERENCE WITH REAL PROPERTY NEGOTIATOR
(Government Code Section 54956.8)
Property: 14850 Winchester Avenue (APN: 421-31-055)
Negotiating parties: Town of Los Gatos (Negotiator: Les White, Interim Town
Manager)
Potential Purchaser or Lessee
Under negotiation: Price and Terms
STUDY SESSION – 6:00 P.M.
Money Matters and More
The Town’s Budget: Past, Present and Prospective
(Continued from 5/5/15)
STUDY SESSION ADJOURNED
Study session adjourned at 6:48 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
Zachary Valencia led the Pledge of Allegiance. The audience was invited to participate.
PRESENTATIONS
Mayor Jensen presented the Government Finance Officers Association – Distinguished
Budget Presentation Award to Steve Conway, Finance Director, on behalf of the Town.
Mayor Marcia Jensen and Les White, Interim Town Manager, recognized the Finance
Budget Team for their outstanding work on the FY 2015/16 budget as part of the
Employee Recognition Program and presented them with a plaque.
CLOSED SESSION REPORT
Robert Schultz, Town Attorney, stated Council met in Closed Session as duly noted on
the agenda. No action was taken on Item CS-1 in Closed Session and it will be
discussed under Item #8; Council was unable to discuss Item CS-2 and it will be
continued to a later date.
COUNCIL/TOWN MANAGER REPORTS
Council Matters
- Council Member Rob Rennie stated he attended the Transportation and Parking Ad
Hoc Committee meeting, the Safe Routes to School Summit, the Drought Summit,
and the Cities Association dinner.
- Vice Mayor Barbara Spector stated she attended the Transportation and Parking Ad
Hoc Committee meeting, the Policy Committee meeting, the Safe Routes to School
Summit, the Drought Summit, and the Bicycle Safety Roundtable.
- Mayor Marcia Jensen stated she attended the Safe Routes to School Summit, the
Policy Committee meeting, the Drought Summit, and a meeting with the Chamber of
Commerce with Les White, Town Manager, Laurel Prevetti, Assistant Town
Manager/Community Development Director, and Monica Renn, Economic Vitality
Manager.
- Council Member Steve Leonardis stated he attended the West Valley Solid Waste
meeting and the West Valley Sanitation District Board of Directors meeting.
- Council Member Marico Sayoc stated she attended the Drought Summit, the
Association of Bay Area Governments (ABAG) meeting, the Cities Association
meeting, and the Safe Routes to School Summit.
CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION)
1. Approve Council Minutes of May 5, 2015
2. Adopt 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
3. Accept the report on the permanent installation of traffic calming devices for the
Alpine Avenue neighborhood
4. Los Gatos Music & Arts
a. Authorize the Town Manager to execute an amendment to the agreement
for services with Los Gatos Music & Arts concerning the funding and
administration of the Music in the Park Program through September 30,
2015
b. Direct staff to complete negotiations for a new multi-year agreement for
services with Los Gatos Music & Arts concerning the funding and
administration of the Music in the Park Program by October 15, 2015
c. Authorize an expenditure budget adjustment in the amount of $6,400 for
the annual reimbursement of $5,000 to LGM&A and the Town’s half of the
music license fees of approximately $1,400. This will be funded from the
Music in the Park deferred revenue balance of approximately $12,810
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Town Council/Parking Authority May 19, 2015
Consent Items – continued
Council Member Steve Leonardis pulled Item #4.
MOTION: MotionCouncil Member Steve Leonardis
by to approve items 1
SecondedVice Mayor
through 3, inclusive of any desk items. by
Barbara Spector.
VOTE: Motionpassed unanimously for Items 1 and 2. Council
Member Steve Leonardis voting no on Item 3.
Pulled Consent Item #4
4. Los Gatos Music & Arts
a. Authorize the Town Manager to execute an amendment to the agreement
for services with Los Gatos Music & Arts concerning the funding and
administration of the Music in the Park Program through September 30,
2015
b. Direct staff to complete negotiations for a new multi-year agreement for
services with Los Gatos Music & Arts concerning the funding and
administration of the Music in the Park Program by October 15, 2015
c. Authorize an expenditure budget adjustment in the amount of $6,400 for
the annual reimbursement of $5,000 to LGM&A and the Town’s half of the
music license fees of approximately $1,400. This will be funded from the
Music in the Park deferred revenue balance of approximately $12,810
Opened and Closed Public Comment at 7:21 p.m.
Council discussed the matter.
MOTION: MotionCouncil Member Steve Leonardis
by to approve the
recommendations in the Staff report with the following changes:
a) determine that there is a proper number of voting board
members for Los Gatos Music & Arts and b) if a new agreement is
not reached by October 15, 2015, that the contract be terminated.
SecondedVice Mayor Barbara Spector.
by
VOTE: Motionpassed unanimously.
VERBAL COMMUNICATIONS
Lynda Jandron
- Stated the lighting outside the Civic Center along Main Street is not working.
Naomi Nakano-Matsumoto, Executive Director of West Valley Community Services
- Thanked the town for the long standing partnership and support.
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Town Council/Parking Authority May 19, 2015
Verbal Communications – continued
Dale Miller
- Raised a safety concern about theAlbright construction parking and deliveries.
Angelia Doerner
- Commented on internal controls and commended the Finance Department on the
budget presentation at the May 5 Council Meeting.
John Shepardson
- Commented on the green bike lanes and commended the Finance Department on a
job well done.
Jackie Tonkel
- Commented on the over-spraying of herbicides at Heintz Open Space.
Sherri Tomlin
- Commented on the over-spraying of herbicides at Heintz Open Space.
OTHER BUSINESS
5. PPW Job No. 13-31 Almond Grove Rehabilitation Project Phase 1A
(Broadway/Bachman) 411-811-0003
Staff recommends that the Town Council:
a. Approve plans and specifications for the Almond Grove Street
Rehabilitation Project Phase 1A (Broadway/Bachman) and authorize staff
to advertise the project for bid
b. Authorize the Town Manager to award and execute a construction
agreement in an Amount not to exceed $2,861,812, which includes
contingencies of fifteen percent, with the lowest responsive bidder
Lisa Petersen, Town Engineer, presented the staff report.
Opened Public comment at 8:18 p.m.
Julie Colbert
- Commented in opposition to the proposed project.
Angelia Doerner
- Commented in opposition to the proposed project.
Richard Katz
- Commented in opposition to the proposed project.
Tom Charron
- Commented in opposition to the narrowing of the streets and lowering the
sidewalks.
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Town Council/Parking Authority May 19, 2015
Other Business Item #5 – continued
John Shepardson
- Commented on the liability risk and to entertain the idea of asphalt with some type
of reflective coating.
Carol Boyce
- Inquired how Broadway is considered part of Almond Grove and commented
against removal of healthy trees and narrowing of streets.
Tom Boyce
- Requested that Council refocus the paving to the Almond Grove Historic District.
Dennis Grist
- Commented in opposition to the proposed project.
Gretchen Bell
- Commented in favor of asphalt.
Mary Ellen Kaschub
- Commented in opposition to the proposed project.
Closed Public Comment at 8:44 p.m.
Council discussed the matter.
MOTION: MotionCouncil Member Steve Leonardis
by to bring back to
Council estimates of the cost of asphalt re-pavement for the ten
streets that are generalized numbers so Council can look for funds
in the budget to determine which project to go forward with.
SecondedCouncil Member Marico Sayoc.
by
VOTE: Motionpassed 4/1. Council Member Rob Rennie voting no.
Recess at 9:17 p.m.
Reconvened at 9:27 p.m.
PUBLIC HEARINGS
6. Town Code Amendment A-14-002. Street Trees and Tree Protection. Applicant:
Town of Los Gatos
Introduce Ordinance adopting amendments to Chapter 26 (Trees and Shrubs)
and Chapter 29 (Zoning Regulations - Tree Protection) of the Town Code
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Town Council/Parking Authority May 19, 2015
Public Hearings Item #6 – continued
Bob Kass, Special Projects Manager, presented the staff report.
Opened Public comment at 9:51 p.m.
Angelia Doerner
- Commented on the liability and responsibility of street trees.
David Weissman
- Spoke in favor of Exhibit 10.
Closed Public Comment at 9:57 p.m.
Council discussed the matter.
MOTION: MotionCouncil Member Marico Sayoc
by to introduce the
Ordinance of the Town of Los Gatos effecting the amendments of
Town Code Amendment A-14-002 (Attachment 7) and make the
required findings that the amendments are consistent with the
General Plan and its Elements and that the amendments are
exempt from the California Environmental Quality Act [Section
15061 (b)(3)] with the recommended changes in Attachment 10 and
the clarifications on wires and definitions; and waive the reading of
SecondedVice Mayor Barbara Spector.
the Ordinance. by
VOTE: Motionpassed unanimously.
7. 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
Architecture and Site Application to construct a new single family residence on
property zoned HR-2½:PD. APN 527-09-016 (Continued from 5/5/15)
Marni Moseley, Associate Planner, presented the staff report.
Opened Public comment at 10:06 p.m.
David Weissman, appellant, commented on the project.
Steve Abbs, applicant, commented on the project.
David Weissman, appellant, addressed comments.
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Town Council/Parking Authority May 19, 2015
Public Hearing Item #7 – continued
Closed Public Comment at 10:54 p.m.
Council discussed the matter.
MOTION: MotionCouncil Member Marico Sayoc
by remand the project
back to the Planning Commission with the revised design described
by the applicant to determine if it falls under the 25% visibility
Seconded
analysis and meets the intent of the Design Guidelines.
Council Member Steve Leonardis.
by
VOTE: Motionpassed unanimously.
OTHER BUSINESS
8. Highway 85 Express Lanes
Decision on whether to join in litigation against California Department of
Transportation (Caltrans) and the Valley Transportation Authority (VTA) in regard
to Highway 85 Express Lanes Project
Matt Morley, Parks and Public Works Director, presented the staff report.
Opened Public comment at 11:11 p.m.
Robert Nusbaum
- Commented in support of the expansion of Highway 85 and to not support the
litigation.
David Babbitt
- Encouraged Council to join the other cities in litigation.
Jak Van Nada
- Commented against the expansion of Highway 85.
Swapnil Khabiya
- Encouraged Council to oppose the expansion of Highway 85.
Jeff Loughridge
- Commented in opposition to the expansion of 85 and urged Council to join the other
cities in the litigation.
John Shepardson
- Commented in favor of a full Environmental Impact Report (EIR).
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Town Council/Parking Authority May 19, 2015
Other Business Item #8 – continued
Closed Public Comment at 11:26 p.m.
Council discussed the matter.
MOTION: MotionCouncil Member Steve Leonardis
by to join in the
litigation against California Department of Transportation and the
SecondedCouncil Member
Valley Transportation Authority. by
Marico Sayoc.
VOTE: Motionpassed unanimously.
9. Approval of Location Agreement for sales tax sharing between the Town of Los
Gatos and California Development Group and U.S. Concrete Inc.
Les White, Town Manager, presented the staff report.
Opened Public comment at 11:43 p.m.
Jak Van Nada
- Commented against the agreement.
Closed Public Comment at 11:45 p.m.
Council discussed the matter.
MOTION: MotionCouncil Member Rob Rennie
by to adopt a resolution
approving a Location Agreement for sales tax sharing between the
Town of Los Gatos and California Development Group and U.S.
Concrete, Inc. to consolidate Northern California sales offices into
one into one sales headquarters located in the Town of Los Gatos.
VOTE: Motionfailed for lack of a second.
MOTION: MotionCouncil Member Steve Leonardis
by to defer the matter
for further information.
VOTE: Motionfailed for lack of a second.
MOTION: MotionVice Mayor Barbara Spector
by to not go forward with this
SecondedMayor Marcia Jensen.
proposal. by
VOTE: Motionpassed 4/1. Council Member Rob Rennie voting no.
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Town Council/Parking Authority May 19, 2015
PUBLIC HEARINGS
10. Operating and Capital Budgets
a. Consider the Town of Los Gatos Proposed Operating and Capital Budget
for Fiscal Year 2015/16
b. Consider the Town of Los Gatos Proposed Capital Improvement Program
for Fiscal Years 2015-2020
c. Provide direction regarding any of the following changes to the Fiscal Year
2015/16 Operating and Capital Budget or the 2016-2020 Capital
Improvement Program Budget:
1. Transfer of $100,000 in year-end General Fund surplus to the
NPDES Fund
2. Transfer of $500,000 from the Town’s Vehicle Maintenance Fund to
the Town’s General Liability ABAG Fund
3. Increase Vehicle Impact Fee revenue in the General Fund
Appropriated Reserve (GFAR) by $136,000
4. Allocation of one-time additional FY 2014/15 year end General
Fund surplus to offset Human Services Grants funding gap of
$31,294
5. Allocation of additional one-time funding of $1,000 from FY 2014/15
year-end General Fund surplus to fund the Art Docents of Los
Gatos
6. Allocation of additional one-time funding of $2,000 from FY 2014/15
year-end General Fund surplus to fund the New Museums of Los
Gatos
7. Allocation of additional one-time funding of $5,600 from FY 2014/15
year-end General Fund surplus to fund the Arts and Culture
Commission
8. Authorization to assist the Arts and Culture Commission in
developing an updated Arts Plan for Council review and
consideration and for staff to explore alternative options for ongoing
revenue sources for Public Art Funding
9. Authorization to adjust General Fund expenditures and revenues by
$164,000 to fund an entry level Officer
10. Allocation of $300,000 in FY 2014/15 year end General Fund
surplus to fund restoration of services and/or future salary and
benefit augmentations
MOTION: MotionMayor Marcia Jensen
by to continue the item to June 2,
SecondedCouncil Member
2015, with a start time of 6:00 p.m. by
Steve Leonardis.
VOTE: Motionpassed unanimously.
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Town Council/Parking Authority May 19, 2015
OTHER BUSINESS
11. Request for refund of demolition fine. APN 510-18-045. Project Location: 130
Massol Avenue. Property Owner: Dieter Schmidt
(Continued from 4/7/15)
MOTION: MotionMayor Marcia Jensen
by to continue the matter to a date
SecondedCouncil Member Steve
to be determined. by
Leonardis.
VOTE: Motionpassed 4/0. Council Member Rob Rennie abstaining.
ADJOURNMENT
The meeting adjourned at 11:58 p.m.
Attest:
_____________________________________
/s/ Shelley Neis, Clerk Administrator
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Town Council/Parking Authority May 19, 2015