M06-02-2015
Town Council Meeting 06/16/15
Item #1
MINUTES OF THE TOWN COUNCIL/PARKING AUTHORITY MEETING
JUNE 2, 2015
The Town Council of the Town of Los Gatos conducted a Special Meeting on Tuesday,
June 2, 2015, to hold a Closed Session at 6:30 p.m. and a Regular Meeting at 7:00 p.m.
CLOSED SESSION – 6:30 P.M.
CS-1 CONFERENCE WITH REAL PROPERTY NEGOTIATOR
(Government Code Section 54956.8)
Property: 108 E. Main Street
Negotiating parties:
Town of Los Gatos (Negotiator: Les White, Interim Town Manager)
Friends of the Library (Negotiator: Marlene Rodman, Board President)
Under negotiation: Terms and conditions of Lease Agreement
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
Kyle Ellison led the Pledge of Allegiance. The audience was invited to participate.
PRESENTATIONS
Claire Strickland, Youth Commission Chair, presented the 2015 Youth Friendly
Business award to Yogurt and Love.
The Mayor and Matt Frisby, Police Chief, presented Commendations to outgoing
Student Commissioners: Kira Barsten, Youth Commissioner; XinNi Chai, Youth
Commissioner; Catrina Chen, Youth Commissioner; Jonathan Gilbert, Youth
Commissioner; Mackenzie Jackson, Youth Commissioner; Amanda Nguyen,
Community & Senior Services Commissioner; Kevin Potts, Library Board Member;
Claire Strickland, Youth Commissioner; Hailey Verga, Youth Commissioner; Franklin
Wang, Library Board Member; Jordan Weiner, Community and Senior Services
Commissioner; and Thomas Wrappe, Youth Commissioner.
CLOSED SESSION REPORT
Robert Schultz, Town Attorney, stated Council met in Closed Session as duly noted on
the agenda and there is no report.
COUNCIL/TOWN MANAGER REPORTS
Council Matters
- Council Member Marico Sayoc stated she attend the Parks and Public Works
(PPW) Open House, the Forbes Mill Footbridge Rededication, the Memorial Day
Ceremony at Los Gatos Memorial Park, and preschool story time at the Library. She
also announced the Grand Opening of the Friends of the Library and NUMU on
Saturday, June 6.
- Council Member Steve Leonardis stated he attended the Memorial Day Celebration
at Los Gatos Memorial Park, the Forbes Mill Footbridge Rededication, and as the
Chair of the West Valley Sanitation District (WVSD) Board of Directors, handled the
performance evaluation for WVSD Manager.
- Mayor Marcia Jensen stated she attended the Memorial Day Ceremony at Los
Gatos Memorial Park, the Forbes Mill Footbridge Rededication, and the Student
Commissioner interviews.
- Vice Mayor Barbara Spector stated she attended the Forbes Mill Footbridge
Rededication, the Parking and Transportation Ad Hoc Committee meeting, and the
Student Commissioner interviews. She commended the current Student
Commissioners for their work.
- Council Member Rob Rennie stated he attended the Parking and Transportation Ad
Hoc Committee meeting, the Forbes Mill Footbridge Rededication, the League of
Cities dinner, the Los Gatos-Monte Sereno Police Foundation Board meeting, the
Cupertino Study Session on the Santa Clara County potential tax measure for
transportation improvements.
Council Member Steve Leonardis requested adding an item to the agenda regarding the
water pumping station proposal at Kennedy Meadows.
Town Attorney Robert Schultz advised the correct avenue is with the San Jose Water
as they are taking public comment now and the Town will have an opportunity to
comment in the future.
CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION)
1. Approve Council minutes of May 19, 2015
2. Student Commissioner Appointments
3. Town Code Amendment A-14-002. Street Trees and Tree Protection. Applicant:
Town of Los Gatos
Adopt amendments to Chapter 26 (Trees and Shrubs) and Chapter 29 (Zoning
ORDINANCE 2240
Regulations – Tree Protection) of the Town Code
4. Authorize the Town Manager to execute an agreement for a three month
extension with O.C. McDonald Incorporated for HVAC maintenance and repair
services not to exceed $25,000
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Town Council/Parking Authority June 2, 2015
Consent Items – continued
5. PPW Job No. 13-27 – FY 2014/15 Annual Street Repair and Resurfacing Project
and Pavement Rehabilitation - Crack Seal 811-0003 And 811-9903
Staff recommends that the Town Council:
a. Approve plans and specifications for the Annual Street Repair and
Resurfacing & Pavement Rehabilitation – Crack Seal Project and
authorizing the Town to advertise the project for bid
b. Authorize the Town Manager to award and execute a construction
agreement in an amount not to exceed the available budgeted amount of
$1,879,967, including contingencies
c. Authorize staff to execute future change orders in an amount not to
exceed fifteen percent of the contract award amount
6. Annual renewal of Agreement for Services with the Los Gatos Chamber of
Commerce to manage the Los Gatos Visitor Information Center, Visitors’ Bureau,
and coordinate the Leadership Los Gatos Program
Items 1, 5 and 6 were pulled.
MOTION: MotionCouncil Member Steve Leonardis
by to approve Consent
SecondedVice Mayor Barbara Spector.
Items 2, 3 and 4. by
VOTE: Motionpassed unanimously on items 3 and 4. Council Member
Marico Sayoc recused on Item #2.
Pulled Consent Item #1
1. Approve Council minutes of May 19, 2015
Mark Weisler pulled Consent Item #1
- Questioned the statement “to determine which project to go forward with” used in
the minutes under Item #5 Almond Grove Repaving Project and whether that
accurately reflected Council’s intention.
Opened and closed Public Comment at 7:28 p.m.
Council Discussion
Council Member Leonardis stated his motion was to bring forth the reports that were
prepared by Mr. Kevin Rohani in 2011 showing both phases of the Almond Grove street
reconstruction project. “It is my belief that the Vice Mayor Spector and me, who are
probably the only Council Members who may remember when it was presented in 2011
or may even know that it exists, that as well as a report I finally received today from
Nichols Consulting, which was the agreement we had signed with them, I still have not
received the Request for Proposals (RFP) from them, but my goal was to get all the
information available to the Council so they could make an informed decision about this
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Town Council/Parking Authority June 2, 2015
Pulled Consent Item #1 – continued
project. The motion as stated here in the minutes doesn't quite reflect all of that, but
that's what the intention was.”
Vice Mayor Spector stated that while she can appreciate what Council Member
Leonardis is saying this evening, and she doesn't disagree that that information might
be helpful, however the minutes in her opinion do accurately reflect what happened
at the meeting and what was voted upon at that meeting.
MOTION: MotionCouncil Member Steve Leonardis
by to amend the
minutes to indicate more specifically that the reports requested
were the 2011 reports from Kevin Rohani.
VOTE: Motionfailed for lack of a second.
MOTION: MotionMayor Marcia Jensen
by to approve the minutes from the
May 19 meeting as written and incorporate into the minutes of June
2 the discussion (see above) held regarding the comments from the
public, Council Member Steve Leonardis, and Vice Mayor Barbara
SecondedVice Mayor Barbara Spector.
Spector. by
VOTE: Motionpassed unanimously.
Pulled Consent Item #5
5. PPW Job No. 13-27 – FY 2014/15 Annual Street Repair and Resurfacing Project
and Pavement Rehabilitation - Crack Seal 811-0003 And 811-9903
Staff recommends that the Town Council:
a. Approve plans and specifications for the Annual Street Repair and
Resurfacing & Pavement Rehabilitation – Crack Seal Project and
authorizing the Town to advertise the project for bid
b. Authorize the Town Manager to award and execute a construction
agreement in an amount not to exceed the available budgeted amount of
$1,879,967, including contingencies
c. Authorize staff to execute future change orders in an amount not to
exceed fifteen percent of the contract award amount
Angelia Doerner pulled Consent Item #5
- Stated she pulled the item because she believes there is valuable information in the
report that would serve the public very well and has a general question on scope.
Lisa Petersen, Town Engineer, presented the staff report.
Opened Public Comment at 7:28 p.m.
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Town Council/Parking Authority June 2, 2015
Pulled Consent Item #5 – continued
Angelia Doerner
- Commented on the CIP budget and finding funding for street repairs.
Closed Public Comment at 7:38 p.m.
Council discussed the matter.
MOTION: Motion
by Vice Mayor Barbara Spector to defer consideration and
decision on this item until a review of the CIP Budget for FY
Seconded.
2015/16. by Council Member Steve Leonardis
VOTE: Motionpassed unanimously.
Pulled Consent Item #6
6. Annual renewal of Agreement for Services with the Los Gatos Chamber of
Commerce to manage the Los Gatos Visitor Information Center, Visitors’ Bureau,
and coordinate the Leadership Los Gatos Program
Council Member Steve Leonardis pulled Consent Item #6
Opened and Closed Public Comment at 7:58 p.m.
Council discussed the matter.
MOTION: MotionCouncil Member Rob Rennie
by to fund the contract as is
with direction to staff to look at options of how other cities are
funding their chambers and to bring the report back to Council in
Seconded
December with the status report from the Chamber. by
Council Member Marico Sayoc.
VOTE: Motionpassed unanimously.
VERBAL COMMUNICATIONS
Stan Barkey, West Valley Community Services Board Chair
- Thanked Council for their support for the emergency services they provide to Los
Gatos residents (e.g., food pantry, housing for homeless, transitional services,
transportation services, and case management).
Jonathan Knowles
- Invited all Council Members to attend the Los Gatos-Monte Sereno Police
Foundation Board meetings and thanked Council for the partnership over the last
20+ years.
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Town Council/Parking Authority June 2, 2015
Verbal Communications – continued
Shawn Lucca
- Thanked the Youth Commission for the Commendation for Yogurt and Love and
proposed an idea for parklets in front of business to allow for outdoor seating.
Matthew Hudes
- Requested Council to err on the side of open government and duly notice public
comment opportunities on a line item basis on the agenda; that Council take public
comment prior to voting on items that will significantly impact the community, items
that have had numerous substantive changes introduced since the last opportunity
for public comment, when comments have not been heard for months, or when
there are new Council Members who are hearing the item.
John Shepardson
- Shared information from Santa Clara Valley Water District (SCVWD) for free
conservation items; commented on parking alternatives and City of Danville’s traffic
program to reduce traffic congestion; endorsed public/private parking partnership;
and identified a program for issuing parking tickets for parking enforcement officers.
Bill Reynolds
- Commented in favor of parklets.
OTHER BUSINESS
7. Reuse of the Venue
Anne Zepecki, Molly Ball, Crystal Huang, and Shomil Jain, Youth Commissioners,
presented the staff report.
Opened Public Comment at 8:37 p.m.
Melissa Toren, KCAT Executive Director
- Thanked the Youth Commission for recommending KCAT as a partner for the
Venue and stated if they are awarded the contract, they look forward to working with
the Town and the other groups recommended by the Youth Commission.
Yvonne Linney
- Read a letter on behalf of Christine Dunckley, Los Gatos Youth Theater, in support
of the proposed reuse of the Venue.
Randi Chen, Los Gatos Youth Theater
- Commented in support of Los Gatos Youth Theater’s use of the venue and
requested use of the storage unit at the back of the Venue.
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Town Council/Parking Authority June 2, 2015
Other Business Item #7 – continued
Phil Knopf
- Commended the Youth Commission for their research on this project and
commented in favor of the proposed agreement.
John Shepardson
- Commented in support of the proposal.
Marshall Smith, Boy Scouts Troop 2 Representative
- Commented against the proposal and stated the Boy Scouts need the entire
building and therefore, are not interested in sharing the space.
Closed Public Comment at 9:04 p.m.
Council discussed the matter.
MOTION: MotionMayor Marcia Jensen
by to adopt the recommendation of
the Youth Commission to negotiate a lease agreement with
KCAT for the reuse of the former Venue building; that the lease
negotiations include terms that would require a front meeting room,
and instead of the terms used in the staff report, use the term
"require a flexible front meeting space to be retained to be
negotiated among those users of the building to make it most
efficient;" to direct staff that Boy Scout Troop 2 not be included in
those negotiations, and that if Troop 539 applied they can be
approached to determine whether or not they would like to
participate; and that consideration be given to discussion with the
Seconded
Los Gatos Youth Theater about the use of that space.
Vice Mayor Barbara Spector.
by
VOTE: Motionpassed 4/1. Council Member Steve Leonardis voting
no.
Mayor Jensen advised due to the time and the number of lengthy items remaining on
the agenda, Item 9 would be heard next. Item 11 was continued to June 16, see motion.
PUBLIC HEARINGS
12. Conditional Use Permit U-13-012, Subdivision Application M-13-004, and
Architecture and Site Applications S-13-020 through S-13-027. Property
Location: 258 Union Avenue. Applicant: Chris Kummerer. Property
Owner/Appellant: Valley One Investment, LLC.
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Public Hearing Item #12 – continued
Consider an appeal of the decision of the Planning Commission approving a
request to construct eight residential condominiums on property zoned C-1. APN
527-44-012 and 527-44-013
Mayor Jensen opened the public hearing and discussed continuing the item to a date
certain, then closed the public hearing.
MOTION: MotionMayor Marcia Jensen
by to continue the item to June 16,
SecondedCouncil Member Marico Sayoc.
2015. by
VOTE: Motionpassed unanimously
9. Abatement of Hazardous Vegetation (Brush)
After holding the required public hearing, order abatement of hazardous
vegetation (brush)
Matt Morley, Parks and Public Works Director, presented the staff report.
Opened and Closed Public Comment at 9:24 p.m.
Council discussed the matter.
MOTION: MotionVice Mayor Barbara Spector
by to order the abatement of
SecondedCouncil Member
hazardous vegetation (brush). by
Marico Sayoc.
VOTE: Motionpassed unanimously.
Mayor Jensen advised due to time constraints, Item 10 would be taken out of order and
heard next.
10. Water Conservation
Introduce an ordinance adopting additions to Chapter 27 (utilities) of the Town
Code
a. Make the required finding that there is no possibility that this project will
have a significant impact on the environment; therefore, the project is not
subject to the California Environmental Quality Act (Section 15060
[Section 15060 (C)(2) and Section 15060 (3)]
b. Make the required finding that the proposed Town Code Amendments are
consistent with the General Plan and its Elements
c. Move to waive the reading of the Ordinance
Matt Morley, Parks and Public Works Director, presented the staff report.
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Town Council/Parking Authority June 2, 2015
Public Hearing Item #10 – continued
Opened Public Comment at 9:37 p.m.
Sarah Walker
- Commented on the water being turned off on the Ellenwood portion of Bachman
park and requested it be turned back on.
Sandy Decker
- Commented on the plan to turn the water off at the parks.
John Shepardson
- Commented on the plan to turn the water off at the parks and trying to exceed the
minimum 25% reduction while keeping the parks green.
Closed Public Comment at 9:43 p.m.
Council discussed the matter.
MOTION: MotionVice Mayor Barbara Spector
by to bring back the urgency
ordinance at the next meeting in June, and have staff discuss how
we are going to affect any reduction of watering in our parks.
SecondedMayor Marcia Jensen.
by
VOTE: Motionpassed unanimously.
Recess taken at 9:54 p.m.
Reconvened at 10:10 p.m.
11. 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.
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Town Council/Parking Authority June 2, 2015
Public Hearing Item #12 – continued
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 4/14/15)
MOTION: MotionVice Mayor Barbara Spector
by to continue the item to
SecondedCouncil Member Steve Leonardis.
June 16, 2015. by
VOTE: Motionpassed unanimously.
8. 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
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Town Council/Parking Authority June 2, 2015
Public Hearing Item #8 – continued
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
(Continued from 5/19/15)
Steve Conway, Finance Director, presented the staff report.
Opened Public Comment at 11:01 p.m.
Dennis Grist did not come forward when called.
Robert Cowan
- Commented on the use of asphalt overlay over concrete.
Tom Boyce
- Commented on the cost of repaving the Almond Grove area and requested Council
direct staff to bring back a bare bones cost estimate broken down by neighborhood.
John Shepardson
- Requested Council obtain a third party review of the costs associated with the Town
Police Department verses the Sheriff’s department.
Angelia Doerner
- Commented on the cost of the Almond Grove repaving project.
Sujatha Venkatraman, West Valley Community Services
- Commented on the services they provide to the Town and the reduction in funding
they have been recommended for and requested the Council fund them at the
amount they requested.
Jak Van Nada
- Commented on obtaining a cost comparison between the Police Department and
Sheriff’s Department.
John Mittelstet
- Inquired if the Town has considered using the material for repaving that was used
on Highway 17 between Lark and Highway 9.
Sara Walker
- Inquired what the $65,000 that was designated for water conservation was being
utilized for.
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Public Hearing Item #8 – continued
Closed Public Comment at 11:36 p.m.
Council discussed the matter.
MOTION: MotionVice Mayor Barbara Spector
by to 1) transfer $100,000 in
year-end General Fund surplus to the NPDES Fund; 2) transfer
$500,000 from the Town’s Vehicle Maintenance Fund to the Town’s
General Liability ABAG Fund; and 3) increase Vehicle Impact Fee
revenue in the General Fund Appropriated Reserve Fund (GFAR)
SecondedCouncil Member Rob Rennie.
by $136,000. by
VOTE: Motionpassed 4/1. Council Member Steve Leonardis voting
no.
MOTION: MotionMayor Marcia Jensen
by to approve the request that is
contained in 3.D, on page 2 of the May 19 Staff Report, for the
allocation of one time additional Fiscal Year funds from the General
Fund surplus to fund the organizations at the amounts indicated
under the column labelled FY 2015/16 Requests on page 6 of the
Staff Report and have Items 3.E, 3.F,3.G, and 3.H come back at
the mid-year budget review and not be approved as one time
SecondedVice Mayor Barbara Spector.
requests by
VOTE: Motionwithdrawn.
MOTION: MotionCouncil Member Rob Rennie
by to approve Item 3.D on
page 2 of the May 19 Staff Report..
VOTE: Motionfailed for lack of a second.
MOTION: MotionCouncil Member Marico Sayoc
by to 1) deny the one-time
allocations that are contained in 3.D, 3.E, 3.F, and 3.G on page 2 of
the May 19 Staff Report; 2) approve the funding that is the staff
recommendation for allocating a total of $90,000 as contained in
the chart in column 3 on page 6 of the May 19 Staff Report; and 3)
bring the requests for one-time funding back at mid-year budget
SecondedCouncil Member Steve Leonardis.
review. by
VOTE: Motionpassed 4/1. Council Member Rob Rennie voting no.
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Town Council/Parking Authority June 2, 2015
ADJOURNMENT
The meeting adjourned at 12:00 a.m.
Attest:
_____________________________________
/s/ Shelley Neis, Clerk Administrator
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