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Agenda TOWN OF LOS GATOS TOWN COUNCIL FEBRUARY 02, 2016 110 EAST MAIN STREET COUNCIL CHAMBERS (DOWNSTAIRS) LOS GATOS, CA Barbara Spector, Mayor Marico Sayoc, Vice Mayor Marcia Jensen, Council Member Steven Leonardis, Council Member Rob Rennie Council Member PARTICIPATION IN THE PUBLIC PROCESS The Town of Los Gatos strongly encourages your active participation in the public process, which is the cornerstone of democracy. If you wish to speak to an item on the agenda, please complete a “speaker’s card” located on the back of the chamber benches and return it to the Clerk Administrator. If you wish to speak to an item NOT on the agenda, you may do so during the “verbal communications” period. The time allocated to speakers may change to better facilitate the Town Council meeting The purpose of the Town Council meeting is to conduct the business of the community in an effective and efficient manner. This is done by following meeting guidelines set forth in State law and in the Town Code. Conduct which is considered disruptive during Town Council meetings include, but is not limited to: • Addressing the Town Council without first being recognized; • Interrupting speakers, Town Council, and Town staff; • Continuing to speak after the allotted time has expired; • Failing to relinquish the podium when directed to do so; and • Repetitiously addressing the same subject For the benefit of the community, the Town of Los Gatos asks that you follow the Town’s meeting guidelines while attending Town Council meetings and treat everyone with respect and dignity. Town Council Meetings Broadcast Live on KCAT, Channel 15 1st and 3rd Tuesdays at 7:00 p.m. Rebroadcast of Town Council Meetings ndth 2 and 4 Mondays at 7:00 p.m. Live & Archived Council Meetings can be viewed by going to: www.losgatosca.gov/Councilvideos IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT, IF YOU NEED SPECIAL ASSISTANCE TO PARTICIPATE IN THIS MEETING, PLEASE CONTACT THE CLERK DEPARTMENT AT (408) 354-6834. NOTIFICATION 48 HOURS BEFORE THE MEETING WILL ENABLE THE TOWN TO MAKE REASONABLE ARRANGEMENTS TO ENSURE ACCESSIBILITY TO THIS MEETING [28 CFR §35.102-35.104] Page 1 TOWN OF LOS GATOS TOWN COUNCIL FEBRUARY 02, 2016 7:00:00 PM TOWN MEETING CALLED TO ORDER - 7:00 PM ROLL CALL PLEDGE OF ALLEGIANCE • Stella Farwell, St. Mary's Elementary School CLOSED SESSION REPORT COUNCIL/TOWN MANAGER REPORTS • Council Matters • Manager Matters 1. CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION) (Before the Town Council acts on the consent agenda, any member of the public or Town Council may request that any item be removed from the consent agenda. At the Mayor’s discretion, items removed from the consent calendar may be considered either before or after the Public Hearings portion of the agenda) . 1.1APPROVE COUNCIL MINUTES OF JANUARY 19, 2016 . 1.2AUTHORIZE THE TOWN MANAGER TO EXECUTE A CERTIFICATE OF ACCEPTANCE AND NOTICE OF COMPLETION ACCEPTING THE WORK OF CASEY CONSTRUCTION, INC. AND AUTHORIZE RECORDING BY THE CLERK ADMINISTRATOR FOR PPW JOB NO. 15-816- 0412 FRANK AVENUE STORM DRAIN IMPROVEMENT PROJECT. . 1.3AUTHORIZE THE TOWN MANAGER TO EXECUTE A CERTIFICATE OF ACCEPTANCE AND NOTICE OF COMPLETION ACCEPTING THE WORK OF GRANITEROCK COMPANY AND AUTHORIZE RECORDING BY THE CLERK ADMINISTRATOR FOR PPW JOB NO. 14-815- 9930 RETAINING WALL REPAIRS-JACKSON STREET PROJECT. . 1.4AUTHORIZE THE TOWN MANGER TO EXECUTE A THREE YEAR AGREEMENT FOR SERVICES WITH LOS GATOS MUSIC AND ARTS TO PROVIDE OPERATION OF THE JAZZ ON THE PLAZZ SUMMER CONCERT SERIES THROUGH SEPTEMBER 2018. . 1.5MUSIC IN THE PARK A. AUTHORIZE THE TOWN MANGER TO EXECUTE A TWO YEAR AGREEMENT FOR SERVICES WITH LOS GATOS COMMUNITY CONCERTS TO PROVIDE OPERATION OF THE MUSIC IN THE PARK SUMMER CONCERT SERIES THROUGH SEPTEMBER 3, 2017. B. AUTHORIZE EXPENDITURE AND REVENUE BUDGET ADJUSTMENTS IN THE AMOUNT OF $6,000 FOR THE ANNUAL REIMBURSEMENT TO LOS GATOS COMMUNITY CONCERTS. THIS WILL BE FUNDED FROM THE MUSIC IN THE PARK DEFERRED REVENUE BALANCE OF APPROXIMATELY $6,400. . 1.6AUTHORIZE THE TOWN MANAGER TO NEGOTIATE A USE AGREEMENT WITH CALIFORNIA FARMERS’ MARKETS ASSOCIATION TO PROVIDE OPERATION OF THE LOS GATOS DOWNTOWN FARMERS’ MARKET FROM MARCH 21, 2016 THROUGH DECEMBER 31, 2018 WITH TWO, THREE YEAR OPTIONS TO EXTEND THE TERM. Page 2 VERBAL COMMUNICATIONS (Members of the public may address the Town Council on any matter that is not listed on the agenda. Unless additional time is authorized by the Town Council, remarks shall be limited to three minutes.) 2. PUBLIC HEARINGS (Applicants/Appellants and their representatives may be allotted up to a total of ten minutes maximum for opening statements. Members of the public may be allotted up to three minutes to comment on any public hearing item. Applicants/Appellants and their representatives may be allotted up to a total of five minutes maximum for closing statements. Items requested/recommended for continuance are subject to Council’s consent at the meeting.) . 2.1COMMUNITY CHOICE ENERGY A. CONDUCT A PUBLIC HEARING FOR AN INTRODUCTION AND FIRST READING OF ORDINANCE 2250 (SUMMARIZED) TO AUTHORIZE THE IMPLEMENTATION OF A COMMUNITY CHOICE AGGREGATION (CCA) PROGRAM. B. ADOPT A RESOLUTION TO APPROVE THE JOINT POWERS AUTHORITY (JPA) AGREEMENT (ATTACHMENT 2) ESTABLISHING AND AUTHORIZING PARTICIPATION IN THE SILICON VALLEY CLEAN ENERGY AUTHORITY. C. AUTHORIZE THE TOWN MANAGER TO REMIT UP TO $150,000 TO THE SILICON VALLEY CLEAN ENERGY AUTHORITY TO SUPPORT THE INITIAL COSTS OF THE AUTHORITY. D. APPROVE THE APPROPRIATION OF $150,000 FROM FISCAL YEAR 2014/15 YEAR END SAVINGS TO SUPPORT FUNDING THE INITIAL COSTS OF THE JPA. E. APPOINT A COUNCIL MEMBER AS THE TOWN REPRESENTATIVE TO THE JPA AND AN ALTERNATE REPRESENTATIVE. . 2.2MEDICAL MARIJUANA CULTIVATION AND DELIVERY: A. ADOPT AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AMENDING LOS GATOS MUNICIPAL CODE TITLE 18, SECTION 14.120 PROHIBITING THE ESTABLISHMENT OF MEDICAL MARIJUANA DISPENSARIES, TO FURTHER PROHIBIT MARIJUANA CULTIVATION AND DELIVERIES B. ADOPT AN URGENCY ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AMENDING LOS GATOS MUNICIPAL CODE TITLE 18, SECTION 14.120 PROHIBITING THE ESTABLISHMENT OF MEDICAL MARIJUANA DISPENSARIES, TO FURTHER PROHIBIT MARIJUANA CULTIVATION AND DELIVERIES . 2.3TOWN CODE AMENDMENT A-15-004. FORMULA RETAIL DEFINITION. INTRODUCE AN ORDINANCE ADOPTING AMENDMENTS TO SECTION 29.10.020 OF CHAPTER 29 (ZONING REGULATIONS - DEFINITIONS) OF THE TOWN CODE TO REVISE THE DEFINITION OF A FORMULA RETAIL BUSINESS. 3. OTHER BUSINESS (Up to three minutes may be allotted to each speaker on any of the following items.) . 3.1ENDORSE THE DRAFT PREFERRED ALLOCATION OF 2016 TRANSPORTATION SALES TAX MEASURE FUNDS WITH DISCRETION FOR THE MAYOR AND TOWN MANAGER TO ADVOCATE THE TOWN’S POSITION AND REFINE THE DRAFT ALLOCATION IN COORDINATION WITH NINE WEST AND NORTH VALLEY CITIES. . 3.2HILLSIDE DEVELOPMENT STANDARDS AND GUIDELINES MODIFICATIONS. APPLICANT: TOWN OF LOS GATOS ADOPT A RESOLUTION TO AMEND CHAPTER II. (CONSTRAINTS ANALYSIS AND SITE SELECTION) AND CHAPTER V. (ARCHITECTURAL DESIGN) OF THE HILLSIDE DEVELOPMENT STANDARDS AND GUIDELINES. . 3.3PPW JOB NO. 15-811-9901 AND 15-811-9903 – FY 2015/16 ANNUAL STREET REPAIR AND RESURFACING PROJECT AND PAVEMENT REHABILITATION - CRACK SEAL 811-9901 AND 811-9903 Page 3 A. APPROVE THE REVISED PLANS AND SPECIFICATIONS FOR THE ANNUAL STREET REPAIR AND RESURFACING AND PAVEMENT REHABILITATION – CRACK SEAL PROJECT 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 AVAILABLE BUDGETED AMOUNT OF $2,232,782, WHICH INCLUDES A 15 PERCENT CONTINGENCY. ADJOURNMENT (Council policy is to adjourn no later than midnight unless a majority of Council votes for an extension of time) Writings related to an item on the Town Council meeting agenda distributed to members of the Council within 72 hours of the meeting are available for public inspection at the front desk of the Los Gatos Town Library, located at 100 Villa Avenue, and are also available for review on the official Town of Los Gatos website. Copies of desk items distributed to members of the Council at the meeting are available for review in the Town Council Chambers Note: The Town of Los Gatos has adopted the provisions of Code of Civil Procedure §1094.6; litigation challenging a decision of the Town Council must be brought within 90 days after the decision is announced unless a shorter time is required by State or Federal law. Page 4