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M06-16-2015 Town Council Meeting 08/04/15 Item #1a MINUTES OF THE TOWN COUNCIL/PARKING AUTHORITY MEETING JUNE 16, 2015 The Town Council of the Town of Los Gatos conducted a Regular Meeting on Tuesday, June 16, 2015, at 7:00 p.m. 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 Anthony Martin led the Pledge of Allegiance. The audience was invited to participate. PRESENTATIONS Mayor Jensen presented the Small Business, Big Applause commendation to Los Gatos Tire and Auto Repair. COUNCIL/TOWN MANAGER REPORTS Council Matters - Council Member Steve Leonardis stated he attended the West Valley Sanitation District (WVSD) Board of Directors and Treatment Plant Advisory Committee meetings, and the Teresita Pump Station project neighborhood meeting with San Jose Water Company. He requested the pump station proposal be put on a future agenda. - Mayor Marcia Jensen stated she attended the Council Policy Committee and the Conceptual Development Advisory Committee (CDAC) meetings. - Vice Mayor Barbara Spector stated she attended the Council Policy Committee and th CDAC meetings; the 50 Celebration of the American Cancer Society Discovery Store, the opening of New Museums of Los Gatos (NUMU) and the Friends of the Library, and the opening and ribbon cutting of Palo Alto Medical Foundation building. - Council Member Rob Rennie on behalf of the Beautification Committee requested that the topic of choosing a Town tree and flower be placed on a future agenda. CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION) 1. Approve Council Minutes of June 2, 2015 2. Approve Town Council Meeting Schedule for 2015/2016 Fiscal Year 3. FY 2014/15 Quarterly Investment Report (January through March 2015) 4. Adopt resolution establishing the FY 2015/16 GANN appropriation limit for the RESOLUTION 2015-035 Town of Los Gatos Consent Items – continued 5. Authorize the Town Manager to execute a five year agreement for consultant services with Project Sentinel for Tenant/Landlord Rental Dispute Resolution Services in an amount not to exceed $34,000 annually and $170,000 over the life of the agreement 6. 15400 Los Gatos Boulevard Staff recommends that the Town Council: a. Adopt a resolution accepting the completed work of W.L. Butler RESOLUTION 2015-036 Construction, Inc. b. Authorize the Town Manager to execute a Certificate of Acceptance and Notice of Completion for recording by the Clerk Administrator 7. Tract No. 10129 – 16005 Los Gatos Boulevard and 625 Blossom Hill Road Staff recommends that the Town Council a. Adopt a resolution accepting the completed work of D.R. Horton Bay, RESOLUTION 2015- Inc. a Delaware Corporation for Tract No.10129 037 b. Authorize the Town Manager to execute a Certificate of Acceptance and Notice of Completion for recording by the Clerk Administrator 8. Accept Donations in the aggregate amount of $38,528.64 for FY 2014/15 from the Los Gatos/Monte Sereno Police Foundation for equipment, supplies, training materials, and support for the Los Gatos/Monte Sereno Police Department. 9. Authorize the Town Manager to execute a third amendment to the agreement for services with Sunnyvale Building Maintenance for a three-month period in an amount not to exceed $33,000 10. Authorize the Town Manager to execute agreements with the County of Santa Clara for: a. Countywide household hazardous waste collection program b. AB939 implementation fee collection and distribution Council Member Steve Leonardis pulled item #8. MOTION: MotionCouncil Member Steve Leonardis by to approve consent SecondedCouncil items 1 through 7 and 9 through 10. by Member Marico Sayoc. VOTE: Motionpassed unanimously. VERBAL COMMUNICATIONS Mayor Jensen moved verbal communications to the end of the meeting. 2 Town Council/Parking Authority June 16, 2015 Pulled Consent Item #8 8. Accept Donations in the aggregate amount of $38,528.64 for FY 2014/15 from the Los Gatos/Monte Sereno Police Foundation for equipment, supplies, training materials, and support for the Los Gatos/Monte Sereno Police Department. Opened Public Comment at 7:13 p.m. Steve Rice, Los Gatos/Monte Sereno Police Foundation Treasurer - Commented that he would be available to answer any questions that Council had about the donations received throughout the year. Closed Public Comment at 7:18 p.m. Council discussed the matter. MOTION: MotionMayor Marcia Jensen by to accept the donation in the aggregate amount of $38,528.64 for FY 2014-15 from the Los Gatos-Monte Sereno Police Foundation for equipment, supplies, training materials, and support for the Los Gatos-Monte Sereno SecondedCouncil Member Steve Police Department. by Leonardis. VOTE: Motionpassed unanimously PUBLIC HEARINGS 11. Landscaping and Lighting Assessment Districts No. 1 & 2 a. Adopt resolution confirming the diagram and assessments, and levying and authorizing collection of assessments for Landscape and Lighting Assessment District No. 1 - Blackwell Drive Benefit Zone RESOLUTION 2015-038 b. Adopt resolution confirming the diagram and assessments, and levying and authorizing collection of assessments for Landscape and Lighting Assessment District No. 1 - Kennedy Meadows Benefit Zone RESOLUTION 2015-039 c. Adopt resolution confirming the diagram and assessments, and levying and authorizing collection of assessments for Landscape and Lighting Assessment District No. 1 - Santa Rosa Heights Benefit Zone RESOLUTION 2015-040 d. Adopt resolution confirming the diagram and assessments, and levying and authorizing collection of assessments for Landscape and Lighting Assessment District No. 1 - Vasona Heights Benefit Zone RESOLUTION 2015-041 3 Town Council/Parking Authority June 16, 2015 Public Hearing Item #11 – continued e. Adopt resolution confirming the diagram and assessments, and levying and authorizing collection of assessments for Landscape and Lighting Assessment District No. 1 - Hillbrook Drive Benefit Zone RESOLUTION 2015-042 f. Adopt resolution confirming the diagram and assessments, and levying and authorizing collection of assessments for Landscape and Lighting RESOLUTION Assessment District No. 2 - Gemini Court Benefit Zone 2015-043 Opened Public Comment at 7:25 p.m. Bill Hirschman - Requested that this item be continued to give residents (Kennedy Meadows) the opportunity to work with staff as they only received notification on June 11. Closed Public Comment at 7:28 p.m. Council discussed the matter. MOTION: MotionCouncil Member Steve Leonardis by to adopt the resolutions as recommended on page 2 of the staff report, with the exception of Kennedy Meadows. The assessment district for Kennedy Meadows will continue with a zero assessment for the SecondedCouncil Member Marico Sayoc. upcoming year. by VOTE: Motionpassed unanimously. MOTION: MotionCouncil Member Steve Leonardis by to direct staff to work directly with the residents of the Kennedy Meadows district and bring a report back to Council within six months or at the mid- SecondedCouncil Member year budget review meeting. by Marico Sayoc. VOTE: Motionpassed unanimously. OTHER BUSINESS 12. Police Services Contract between the Town of Los Gatos and City of Monte Sereno a. Authorize the Interim Town Manager to execute a ten year agreement for Police Services by the Town of Los Gatos to the City of Monte Sereno in exchange for a renegotiated amount of $812,800 for FY 2015/16 increasing annually thereafter 4 Town Council/Parking Authority June 16, 2015 Other Business Item #12 – continued b. Authorize a FY 2015/16 budget revenue adjustment of $140,000 in consideration of these additional revenues Les White, Interim Town Manager, presented the staff report. Opened Public Comment at 7:45 p.m. Stephanie Hecker – did not speak. John Shepardson - Requested more detailed information on the cost to the Town for the contract. Closed Public Comment at 7:51 p.m. Council discussed the matter. MOTION: MotionCouncil Member Steve Leonardis by to approve the staff recommendations, with a one year contract term. VOTE: Motion failed for lack of a second. MOTION: MotionMayor Marcia Jensen by to approve the staff SecondedCouncil Member Rob Rennie. recommendations. by VOTE: Motionpassed 4/1. Council Member Steve Leonardis voting no. Items 13 and 14 discussions were combined as one agenda item. The public testimony for both items follows item 14 and the motions for each item follow the item. 13. PPW Job No. 13-27- FY 2014/15 Annual Street Repair and Resurfacing Project And Pavement Rehabilitation – Crack Seal 811-9901 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. (Deferred from 6/2/15 to be heard with Budget) 5 Town Council/Parking Authority June 16, 2015 Public Hearing Items #13 and #14 – continued Lisa Petersen, Town Engineer, presented the staff report in conjunction with the Capital Improvement Program report. Council discussed the matter. MOTION: MotionCouncil Member Steve Leonardis by to approve Alternative 1 in the staff report ($900,000), with the exception of Kennedy Road, exempting from Stonybrook to Teresita and the remainder of the funds be allocated to the Almond Grove Street Repaving project. VOTE: Motionfailed for lack of a second. MOTION: MotionCouncil Member Steve Leonardis by to approve Alternative 1 in the staff report and the remainder of the funds be Seconded allocated to the Almond Grove Street Repaving project. Vice Mayor Barbara Spector. by VOTE: Motionpassed 3/2. Mayor Marcia Jensen and Council Member Marico Sayoc voting no. PUBLIC HEARINGS 14. Town of Los Gatos Fiscal Year 2015/16 Operating Budget and FY 2014/15 – FY 2018/19 Capital Improvement Program (CIP), New Appropriations, and other Approved Adjustments and Minor Corrections a. Consider the Town of Los Gatos Proposed Operating and Capital Budget for Fiscal Year 2015/16 b. 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: i. Authorization to adjust General Fund expenditures and revenues by $164,000 to fund an entry level Officer ii. Authorization to create an Operating Budget Reserve with $300,000 of unspent FY 2014/15 dollars. c. Adopt resolution approving Operating Budget for Fiscal Year 2015/16 RESOLUTION 2015-044 d. Consider the Town of Los Gatos Proposed Capital Budget for Fiscal Years 2016-2020 e. Adopt resolution approving the Capital Improvement Program Budget RESOLUTION 2015-045 for Fiscal Years 2016-2020 (Continued from 6/2/15) 6 Town Council/Parking Authority June 16, 2015 Public Hearing Items #13 and #14 – continued Steve Conway, Finance Director, and Matt Morley, Parks and Public Works Director, presented the staff report. Opened Public Comment at 8:16 p.m. Tom Boyce - Suggested Council use a bare bones approach to the Almond Grove repaving project. Lynn Brandhorst - Commented that he would be speaking under Verbal Comments. Clay Slocum - Commented on the Almond Grove Repaving Project and offered his services and resources to the Town to substantiate the use of concrete. Robert Cowan - Stated he would wait and speak when the Almond Grove Repaving Project is on the agenda. John Shepardson - Commented on the budget. Sara Walker - Commented on the condition of the turf at Bachman Park. Angelia Doerner - Commented on the condition of the Almond Grove streets. Closed Public Comment at 8:36 p.m. Council discussed the matter. MOTION: MotionCouncil Member Steve Leonardis by to not approve the $164,000 for the new police officer position or the $300,000 for an Operating Budget Reserve and reallocate those funds to the SecondedVice Almond Grove Street Repaving Project fund. by Mayor Barbara Spector . VOTE: Motionpassed 4/1. Mayor Marcia Jensen voting no. 7 Town Council/Parking Authority June 16, 2015 Public Hearings Items #13 and #14 – continued MOTION: MotionVice Mayor Barbara Spector by to approve the Operating Budget, and encompassing all motions made in the prior meetings. SecondedCouncil Member Marico Sayoc. by VOTE: Motionpassed 4/1. Council Member Steve Leonardis voting no. MOTION: MotionCouncil Member Steve Leonardis by that the non-critical Capital Improvement Projects (CIP) that amount to approximately $800,000 be brought back to Council during the Almond Grove Repaving Project discussion as funds to be allocated potentially to SecondedVice Mayor Barbara the Almond Grove project. by Spector. VOTE: Motionpassed 4/1. Mayor Marcia Jensen voting no. MOTION: MotionCouncil Member Marico Sayoc by to adopt a resolution approving the CIP Budget for FY 2016-2020, with the exception of SecondedCouncil the $800,000 from the prior motion. by Member Steve Leonardis. VOTE: Motionpassed unanimously. Recess called at 9:28 p.m. Reconvened at 9:43 p.m. 15. Water Conservation a. Extend the Water Conservation Urgency Ordinance for ten months, fifteen days b. Review options and provide direction on water use reduction in Town parks (Continued from 6/2/15) Opened Public Comment at 9:52 p.m. Rachael Gibson, Santa Clara Valley Water District - Commended the Town for taking action in May and encouraged Council to support the staff recommendation as well as additional requirements in the urgency ordinance. 8 Town Council/Parking Authority June 16, 2015 Public Hearing Item #15 – continued Sara Walker - Commented on the lack of water at Bachman Park. Diane Siemens - Commented on the lack of water at Bachman Park. John Shepardson - Commented on the drought and encouraged residents to contact the Water District for water saving devices. Closed Public Comment at 10:00 p.m. Council discussed the matter. MOTION: MotionCouncil Member Marico Sayoc by to extend the Water Conservation Urgency Ordinance for 10 months 15 days. SecondedMayor Marcia Jensen. by VOTE: Motionpassed unanimously. Council Member Rob Rennie recused himself from the Bachman Park discussion due to proximity. MOTION: MotionCouncil Member Steve Leonardis by to change Zone 1 to Zone 2 at Bachman Park to provide more water to that area and turn off the sprinklers at the triangle median at Los Gatos-Almaden SecondedVice Mayor Road and Los Gatos Boulevard. by Barbara Spector. VOTE: Motionpassed 3/1. Mayor Marcia Jensen voting no and Council Member Rob Rennie recused. 16. 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. Consider an appeal of the decision of the Planning Commission approving a request to construct eight residential condominiums on property zoned C-1. RESOLUTION 2015-046 APN 527-44-012 and 527-44-013 (Continued from 6/2/15) Joel Paulson, Planning Manager, presented the staff report. 9 Town Council/Parking Authority June 16, 2015 Public Hearing Item #16 – continued Lee Quintana, appellant, spoke on the project. Opened Public Comment at 10:54 p.m. Chris Kummerer, applicant, spoke on the project. John Yeager - Requested Council to grant the appeal and send it back to the Planning Commission. Shigong Liu - Commented on the density of the project. Maureen Heberling - Commented on the density of the project. Jeff Loughridge - Commented on the process. Shawn Wang and Chris Kummerer, applicants, addressed comments. Lee Quintana, appellant, addressed comments. Closed Public Comment at 11:13 p.m. Council discussed the matter. MOTION: MotionMayor Marcia Jensen by to grant the appeal and remand to the Planning Commission and adopt the draft resolution in Attachment 12. VOTE: Motionfailed for lack of a second. MOTION: MotionVice Mayor Barbara Spector by to grant the appeal and send back to the Planning Commission on the basis that they didn't apply the Conditional Use Permit (CUP) criteria and the Architecture and Site (A&S) criteria appropriately for this site, to reduce the number of units, reduce the mass and height of the units along the rear, and take into consideration in making those the changes the testimony of the neighboring property owners. SecondedMayor Marcia Jensen. by VOTE: Motionpassed 4/1. Council Member Marico Sayoc voting no. 10 Town Council/Parking Authority June 16, 2015 OTHER BUSINESS 17. Authorize the Interim Town Manager to execute a lease agreement between the Town of Los Gatos and the Friends of the Los Gatos Public Library Opened and closed Public Comment at 11:35 p.m. MOTION: MotionCouncil Member Marico Sayoc by to approve the staff SecondedCouncil Member recommendation in the staff report. by Steve Leonardis. VOTE: Motionpassed unanimously. 18. PPW Job No. 14-815-9930 – Retaining Wall Repairs-Jackson Street Project FY14- 815-9930 Staff recommends that the Town Council: a. Approve plans and specifications for retaining wall repairs - Jackson Street and authorize 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 total budgeted amount of $648,584, including contingencies and any change orders c. Authorize a budget adjustment of $97,945 from the guardrail replacement project, $33,000 from the equipment replacement fund and $100,000 from the general fund appropriated reserve (GFAR) fund balance to project 411-812-0120 retaining wall repairs – Jackson Street. Opened and closed Public Comment at 11:38 p.m. MOTION: MotionCouncil Member Steve Leonardis by to approve staff SecondedCouncil recommendations in the staff report. by Member Rob Rennie. VOTE: Motionpassed unanimously. 19. Authorize the Town Manager to execute a revised cooperative agreement between the Town of Los Gatos, the City of Saratoga, and the Santa Clara Valley Water District to increase the insurance requirements for the replacement of bridges on Quito Road – PPW Job No. 01-12 Opened and closed Public Comment at 11:40 p.m. Council discussed the matter. 11 Town Council/Parking Authority June 16, 2015 Other Business Item #19 – continued MOTION: MotionCouncil Member Steve Leonardis by to approve staff SecondedCouncil recommendations in the staff report. by Member Rob Rennie. VOTE: Motionpassed unanimously. 20. Approve the project list for submission to the Metropolitan Transportation Commission and the Valley Transportation Authority for the Plan Bay Area and Valley Transportation Plan 2040 programs Matt Morley, Parks and Public Works Director, presented the staff report. Opened Public Comment at 11:53 p.m. John Shepardson - Commented on the process. Closed Public Comment at 11:55 p.m. Council discussed the matter. MOTION: MotionMayor Marcia Jensen by to approve the Plan Bay Area and Valley Transportation 2040 draft list with the following changes: 1) eliminate those items with respect to Highway 85 that are recommended “no” in the right hand column on page 1 of the attachment; 2) eliminate the two landscape median items at the bottom of page 1; 3) eliminate the Los Gatos Gateway feature at Samaritan Drive; 4) eliminate the Wood Road Gateway feature on Santa Cruz Avenue on page 2; 5) include a pedestrian bridge from the trail to the sports complex; and 6) include a long term traffic SecondedCouncil study as summarized by Ms. Prevetti. by Member Steve Leonardis. VOTE: Motionpassed unanimously. MOTION: MotionCouncil Member Steve Leonardis by to continue the SecondedCouncil Member Marico meeting past midnight. by Sayoc. VOTE: Motionpassed unanimously. 12 Town Council/Parking Authority June 16, 2015 VERBAL COMMUNICATIONS Craig Elliott did not speak. Bruce McCombs - Commented on behalf of the neighbors on the proposed relocation of the pump station on Teresita Way. Maria Ristow - Commented on behalf of the Broadway Historic District neighbors and in favor of concrete streets. Lynn Brandhorst - Commented on behalf of the Broadway Historic District neighbors and in favor of concrete streets. Jeff Loughridge - Commented on the height limitation imposed on the North 40 project. John Shepardson - Encouraged the use of more bike cages and racks; suggested making Santa Cruz Avenue one way; commented on water management; suggested having staff salaries available; commended the Friends of the Library store; and commented on having a third party independent review of police services. ADJOURNMENT The meeting adjourned at 12:22 a.m. Attest: _____________________________________ /s/ Shelley Neis, Clerk Administrator 13 Town Council/Parking Authority June 16, 2015