M09-15-2015
Town Council Meeting 10/06/15
Item #1
MINUTES OF THE TOWN COUNCIL/PARKING AUTHORITY MEETING
SEPTEMBER 15, 2015
The Town Council of the Town of Los Gatos conducted a Special Meeting on Tuesday,
September 15, 2015, to hold a Closed Session at. 5:30 p.m., a Study Session at 6:00
p.m., and a Regular Meeting at 7:00 p.m.
CLOSED SESSION – 5:30P.M.
CS-1 CONFERENCE WITH REAL PROPERTY NEGOTIATOR
(Government Code Section 54956.8): Instructing Town’s real property negotiator
regarding the price and terms of payment for the sale, exchange, or lease of real
property as to 5 parcels.
Property:
14850 Winchester Avenue (APN: 424-31-055)
Negotiating Parties
: Town of Los Gatos (Negotiator: Matt Morley, PPW
Director) Potential Buyers and/or Tenants
Negotiations:
Price and terms of potential sale or lease.
Property:
4 Tait Avenue (Museum) (APN: 510-44-054)
Negotiating Parties:
Town of Los Gatos (Negotiator: Matt Morley, PPW
Director) Potential Buyers and/or Tenants
Negotiations:
Price and terms of potential sale or lease.
Property:
75 Church St. (Forbes Mill) (APN: 529-54-050)
Negotiating Parties:
Town of Los Gatos (Negotiator: Matt Morley, PPW
Director) Potential Buyers and/or Tenants
Negotiations:
Price and terms of potential sale or lease.
Property:
20 Dittos Lane (APN: 529-29-034)
Negotiating parties:
Town of Los Gatos (Negotiator: Matt Morley, PPW
Director) Potential Buyers and/or Tenants
Negotiations:
Price and terms of potential sale or payment of lease
Property:
224 West Main Street (APNs: 510-44-037, -039, and -069)
Negotiating parties:
Town of Los Gatos (Negotiator: Matt Morley, PPW
Director) Potential Buyers and/or Tenants
Negotiations:
Price and terms of potential sale or payment of lease
STUDY SESSION – 6:00P.M.
Discussion and direction on requests for Mayor and/or Town Council member
participation, support, and/or advocacy for federal, state, and/or regional legislation or
other initiatives.
ROLL CALL
The Mayor noted that all Council Members were in attendance.
VERBAL COMMUNICATIONS
There were no verbal communications.
Council discussed the matter.
STUDY SESSION ADJOURNED
Study session adjourned at 6:36 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
Anjali Kalia led the Pledge of Allegiance. The audience was invited to participate.
PRESENTATIONS
Council Member Leonardis and Mayor Jensen presented the Small Business, Big
Applause commendation to Ngoc Do of the Diner of Los Gatos.
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 Rob Rennie stated he attended the Cities Association meeting.
- Vice Mayor Barbara Spector stated she attended the Conceptual Development
Advisory Committee (CDAC) meeting and the ribbon cutting of the American Italian
Deli.
- Mayor Marcia Jensen stated she attended the CDAC meeting and the Valley
Transportation Authority (VTA) Policy Advisory Committee meeting.
- Council Member Steve Leonardis stated he chaired the West Valley Solid Waste
Management Authority meeting.
- Council Member Marico Sayoc stated she attended the ribbon cutting for the
American Italian Deli and the swearing in ceremony for the new police officer,
Mikhail Burlyga.
Manager Matters
- Ms. Prevetti and Mayor Jensen recognized the Los Gatos Library Children’s
Storytime team, Catherine Gildea, Jen Laredo, and Chris Ota as the Town’s
Employee Team of the Quarter.
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Town Council/Parking Authority September 15, 2015
CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION)
1. Approve Council minutes of September 1, 2015.
2. Accept Investment Report for Fourth Quarter (April through June 2015).
3. Approve a one-time waiver of the requirements of Council Resolution 2011-12
as it relates to meeting attendance for Commissioner Gordon of the Parks
Commission.
4. Authorize the Town Manager to execute an agreement for services with
Sunnyvale Building Maintenance to provide contract custodial services from
October 1, 2015 through June 30, 2019 in an amount of $164,876 annually,
with a ten percent contingency for special cleanings, unforeseen cleanups
and other maintenance issues, for a total amount not to exceed $181,363
annually.
MOTION: MotionCouncil Member Steve Leonardis
by to approve the
SecondedCouncil Member Marico Sayoc.
Consent Items. by
VOTE: Motionpassed unanimously.
VERBAL COMMUNICATIONS
Treasures for Teens board members presented information about the organization,
identified their fundraising goals, and requested a donation from the Town.
PUBLIC HEARINGS
5. Discussion on school facilities fees:
a. Consideration of adoption of an ordinance of the Town of Los
Gatos adding section 25.60 to the Los Gatos Town Code
relating to the adoption of mitigation fees pursuant to
government code section 65970 to relieve conditions of
overcrowding in the Los Gatos Union School District; and
b. Consideration of a request by the Los Gatos Union School
District to adopt a resolution of the Town Council of the Town of
Los Gatos concurring with the findings of overcrowding made by
the board of trustees of the Los Gatos Union School District and
denying the setting of an interim school facilities fee.
Robert Schultz, Town Attorney, presented the staff report.
Opened Public Comment at 7:37 p.m.
Gary Worsham
- Commented in support of the ordinance.
David Lanferman, attorney for Building Industry Association (BIA)
- Commented in opposition of the ordinance.
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Town Council/Parking Authority September 15, 2015
Public Hearing Item #5 – continued
Daniel Snyder
- Requested the Town work with the school district to come up with creative solutions
to address overcrowding.
Amy Despars
- Urged the Council to work with the district to come up with creative solutions to
relieve school overcrowding.
Leigh-Anne Marcellin, Los Gatos Union School District, President of Board of Trustees
- Strongly urged the Council to concur with the findings and adopt the ordinance.
Diana Abbati and Martin Fregoso, Los Gatos Union School District Superintendent and
Assistant Superintendent of Business Services
- Commented in support of the ordinance.
Dennis Martin, Building Industry Association (BIA) representative
- Commented in opposition of the ordinance.
Nicole Reginelli
- Commented in support of the ordinance.
Deborah Weinstein
- Commented in support of the ordinance.
Becky Hanson
- Commented in support of the ordinance.
Barbara Black
- Commented in support of the ordinance.
Closed Public Comment at 8:35 p.m.
Council discussed the matter.
MOTION: MotionCouncil Member Marico Sayoc
by to deny Attachment 1,
the proposed ordinance, but in denying it direct staff to work with
the Los Gatos Union School District (LGUSD) on a new ordinance
that complies with the legal interpretation under either the 1977 Act
or SB50, but does look to the strong support and creative solutions
that the Town of Los Gatos deems necessary in supporting its
character and continuing the quality of life that we all deserve.
SecondedCouncil Member Rob Rennie.
by
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Town Council/Parking Authority September 15, 2015
Public Hearing Item #5 – continued
VOTE: Motionpassed unanimously.
MOTION: MotionCouncil Member Marico Sayoc
by to bifurcate Attachment
7 with one resolution containing the language in sections 1 through
6, and a second resolution containing the language in sections 7
through 12; include the title change “A Resolution of the Town
Council of the Town of Los Gatos Supporting the Board of Trustees
of the Los Gatos Union School District Efforts to Relieve
Overcrowding in its Schools” suggested by the Town Attorney; and
Seconded
return to Council for final approval on October 6, 2015.
Vice Mayor Barbara Spector.
by
VOTE: Motionpassed unanimously.
Recess at 8:54 p.m.
Reconvened at 9:04 p.m.
OTHER BUSINESS
6. Long range capital funding options:
a. Identify specific funding options for further exploration;
b. If specific funding options requiring voter approval are identified by the
Town Council, establish an ad hoc Citizen Committee including two
Council Members and three Los Gatos residents to conduct the
exploration of the funding options; and
c. Appoint two Council Members to the newly formed ad hoc Citizen
Committee and initiate the recruitment for the resident members of the
committee with the intention of interviewing and selecting members at
or before the October 20, 2015 Town Council Meeting.
Laurel Prevetti, Town Manager, Les White, Senior Advisor to the Town, and Jennifer
Callaway, Interim Assistant Town Manager, presented the staff report.
Opened and closed Public Comment at 9:12 p.m.
Council discussed the matter and voted to explore the potential revenue enhancements
as follows:
Options that Council has authority to enact by majority vote after due notice:
Sale or Lease of Property – no direction since already being explored
Taxation of Short-Term Vacation Rentals – three votes (Mayor Marcia Jensen
and Council Members Rob Rennie and Marico Sayoc)
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Town Council/Parking Authority September 15, 2015
Other Business Item #6 – continued
Commercial Property Business License – one vote (Council Member Marico
Sayoc)
Business License Tax Audit and Amnesty Program – five votes
Sidewalk Repair Cost Sharing – no votes
Change in Refuse Vehicle Impact Fee – five votes
Certificates of Participation – five votes
and
Options requiring voter approval:
Assessment Districts – one vote (Mayor Marcia Jensen)
Utility User Tax (UUT) – four votes (Vice Mayor Barbara Spector and Council
Members Steve Leonardis, Rob Rennie, and Marico Sayoc)
Increased Transient Occupancy Tax (TOT) – five votes
Increased Sales Tax – no votes
Parcel Tax – General or Special – no votes
General Obligation Bonds – no votes
MOTION: MotionCouncil Member Steve Leonardis
by to establish an Ad
Hoc Citizen Committee with two Council Members, appointed by
Seconded
the Mayor, and three members of the public. by Council
.
Member Rob Rennie
VOTE: Motionpassed unanimously.
7. PPW Job No. 13-31 – Almond Grove Street Rehabilitation Project
a. Direct staff to proceed with an engineered asphalt overlay solution with
the recommended curb line design of four foot tree planter areas and
replacing unsuitable street trees as identified.
b. Approve an amendment to the Nichols Consulting Engineers (NCE)
agreement to include $35,000 for design changes.
c. Approve the project schedule delivering the project within four to five
years.
d. Approve estimated funding allocations as identified in Table A of
Attachment 4.
Lisa Petersen, Town Engineer, Jen Callaway, Interim Assistant Town Manager, and
Matt Morley, Director of Parks and Public Works, presented the staff report.
Opened Public Comment at 10:06 p.m.
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Town Council/Parking Authority September 15, 2015
Other Business Item #7 – continued
Lynn Brandhorst
- Commented in support of keeping the historic concrete streets.
Tom Boyce
- Commented on the transparency of the information available.
Tom Aubanese
- Did not come forward.
Angelia Doerner
- Commented on the costs and scope of the project.
Julie Gilbert
- Commented in favor of the asphalt, in opposition to the narrowing of the streets, and
in favor of planting smaller trees.
Colin Corbett
- Commented in opposition to the narrowing of the streets and requested Council
consider reducing or waiving permit fees for those residents who wish to run new
utility lines while the road is open.
Maria Ristow
- Commented in favor of concrete streets and that the solution needs to take the
present and future use of the streets into account.
James Fuller
- Commented in favor of concrete streets.
Closed Public Comment at 10:30 p.m.
Council discussed the matter.
MOTION: MotionCouncil Member Rob Rennie
by to oppose asphalt
overlay and move forward with the concrete reconstruction
proposal. Seconded by Vice Mayor Barbara Spector. After Council
Motion failed for
discussion, the Vice Mayor withdrew her second.
lack of a second.
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Town Council/Parking Authority September 15, 2015
Other Business Item #7 – continued
MOTION: MotionVice Mayor Barbara Spector
by to send all streets out for
bid for both concrete and asphalt reconstruction. The streets will be
designed in their current width, handicapped accessibility will be
included while preserving as many sidewalks as possible, that dead
trees will be replaced but not trees generally, and replace the curbs
SecondedCouncil Member Steve Leonardis.
and gutters. by
VOTE: Motionfailed 2/3. Mayor Marcia Jensen and Council Members
Rob Rennie and Marico Sayoc voting no.
MOTION: MotionCouncil Member Marico Sayoc
by that the design
parameters will keep the existing curb line in place, regardless if the
SecondedCouncil Member
project includes two streets or ten. by
Rob Rennie.
VOTE: Motionpassed unanimously.
MOTION: MotionCouncil Member Marico Sayoc
by to approve
recommendation A on page 9 of the staff report, inclusive of all
discussion verbiage, to remove unsuitable street trees in
accordance with the new Tree Ordinance, regardless if the project
SecondedCouncil Member Rob Rennie.
is two streets or ten. by
VOTE: Motionpassed 4/1. Vice Mayor Barbara Spector voting no.
MOTION: MotionCouncil Member Steve Leonardis
by to bid all ten streets
Seconded
for concrete reconstruction and asphalt reconstruction.
Vice Mayor Barbara Spector.
by
VOTE: Motionfailed 2/3. Mayor Marcia Jensen and Council Members
Rob Rennie and Marico Sayoc voting no.
MOTION: MotionMayor Marcia Jensen
by to direct staff to put out to bid
with the limitations Council put in place with respect to curb lines,
sidewalks, and trees, the two streets that are fully designed for
concrete and 70% designed for asphalt, Broadway and Bachman,
Motion failed for lack of a
and it would not require a redesign.
second.
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Town Council/Parking Authority September 15, 2015
Other Business Item #7 – continued
MOTION: MotionVice Mayor Barbara Spector
by to continue the meeting
SecondedCouncil Member Steve
to no later than 12:20 a.m. by
Leonardis.
VOTE: Motionpassed unanimously.
MOTION: MotionCouncil Member Rob Rennie
by to pay the $25,000 and
$35,000 to adjust the design to get asphalt and concrete designs
with the limitations voted earlier for the curb line, gutters and
sidewalks and put those designs out to bid for Broadway and
Motion failed for lack of a second.
Bachman.
MOTION: MotionCouncil Member Steve Leonardis
by to issue a Request
for Proposals for design for all ten streets for concrete
reconstruction and asphalt reconstruction within the parameters of
SecondedVice
the prior motions that maintain curb lines. by
Mayor Barbara Spector.
VOTE: Motionfailed 2/3. Mayor Marcia Jensen and Council Members
Rob Rennie and Marico Sayoc voting no.
MOTION: MotionCouncil Member Steve Leonardis
by to continue the
SecondedCouncil Member Rob
meeting to 12:30 a.m. by
Rennie.
VOTE: Motionpassed unanimously.
MOTION: MotionCouncil Member Rob Rennie
by to send the current
concrete reconstruction design out for bid for the two streets and
when the bids come back, direct staff to extrapolate what it would
Motion failed for
cost for the curb change in concrete and asphalt.
lack of a second.
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Town Council/Parking Authority September 15, 2015
Other Business Item #7 – continued
MOTION: MotionCouncil Member Steve Leonardis
by to issue a Request
for Proposals for design for all ten streets for concrete
SecondedVice
reconstruction and asphalt reconstruction. by
Mayor Barbara Spector.
VOTE: Motionfailed 2/3. Mayor Marcia Jensen and Council Members
Rob Rennie and Marico Sayoc voting no.
MOTION: MotionCouncil Member Steve Leonardis
by to continue the
SecondedVice Mayor Barbara
matter to October 20, 2015. by
Spector.
VOTE: Motionpassed unanimously.
8. Update Town Donations Policy, accounting procedures, administrative
support, and related items
a. Approve an amended Solicitation and Donation Policy;
b. Revise the Town of Los Gatos donation opportunities FY 2015/16 list
of Town needs;
c. Authorize the Town Manager to execute a First Amendment to the
Agreement between the Los Gatos/Monte Sereno Police Department
and the Los Gatos/Monte Sereno Police Foundation; and
d. Authorize a revenue decrease of $20,000 to the Police Administration
Program Budget.
This item was considered out of order during the discussion of Item #7. No staff report
or public testimony occurred.
MOTION: MotionMayor Marcia Jensen
by to continue the item to October
SecondedVice Mayor Barbara Spector.
6, 2015. by
VOTE: Motionpassed unanimously.
ADJOURNMENT
The meeting adjourned at 12:34 a.m.
Attest:
_____________________________________
/s/ Shelley Neis, Clerk Administrator
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Town Council/Parking Authority September 15, 2015