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Staff Report TC 110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832 www.losgatosca.gov TOWN OF LOS GATOS COUNCIL AGENDA REPORT MEETING DATE: 05/02/2017 ITEM NO: 2 22 DRAFT MINUTES OF THE TOWN COUNCIL MEETING APRIL 18, 2017 The Town Council of the Town of Los Gatos conducted a Regular Meeting on Tuesday, April 18, 2017, at 7:00 p.m. MEETING CALLED TO ORDER AT 7:00 P.M. ROLL CALL Present: Mayor Marico Sayoc, Vice Mayor Rob Rennie, Council Member Marcia Jensen, Council Member Steve Leonardis, Council Member Barbara Spector. Absent: None PLEDGE OF ALLEGIANCE Nolan Harr led the Pledge of Allegiance. The audience was invited to participate. PRESENTATIONS Mayor Spector presented the Small Business, Big Applause Commendation to Los Gatos Meats. John Chiala, Donna Chiala, Brian Chiala, and Jessica Jolley thanked the Town for their support. Student Poets from Fisher Middle School William Marr, Helene Babalis, Robert Nathanson, and Madeline Thetard read their poems after an introduction by Joanne Talesfore. 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 Steve Leonardis stated he attended the West Valley Sanitation District (WVSD) Board of Directors meeting, the Santa Clara Valley Water District (SCVWD) meeting, and the Treatment Plant Advisory Committee meeting. - Council Member Marcia Jensen stated she had nothing to report. - Mayor Marico Sayoc stated she and Council Member Steve Leonardis and Vice Mayor Rob Rennie attended the community meeting hosted by Assemblyman Evan Low, and she attended the Cities Association meeting. PAGE 2 OF 8 SUBJECT: DRAFT MINUTES OF THE TOWN COUNCIL MEETING OF APRIL 18, 2017 DATE: APRIL 19, 2017 Council Matters – continued - Vice Mayor Rob Rennie stated he attended the Valley Transportation Authority (VTA) Board meeting as alternate and took a tour of the new BART stations at Milpitas and Berryessa, attended the AMAAN (which means peace, security, safety, shelter, and protection) initiative event, the Silicon Valley Clean Energy (SVCE) Risk Management Oversight Committee meeting, the LAFCO meeting, the SVCEA Board meeting, VTA Policy Advisory Committee meeting, and received board member orientation for VTA. - Council Member Barbara Spector stated she had informal meetings with members of the volunteer and business communities, and attended a program by Zoe Lofgren on immigration. Manager Matters - Announced the Art in the Council Chambers (AICC) reception is this Thursday, April 20 at 6:00 p.m. in the Council Chambers, all are invited to attend. - Invited the community to attend Spring into Green this Sunday, April 23, and Mayor Sayoc will be presenting the State of the Town address at 11:30 a.m. - Announced recruitment is still underway for Youth Commissioners and the deadline is April 28, 5:00 p.m. CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION) 1. Approve Closed Session minutes of April 4, 2017. 2. Approve Council minutes of April 4, 2017. 3. Approve an amendment to the classification plan adding the new classifications of Events and Marketing Specialist and Environmental Programs Specialist. 4. Approve a Letter of Agreement to the labor agreement between the Town of Los Gatos and the Association of Federal, State, County and Municipal Employees, and authorize the Town Manager to execute the Letter of Agreement to the Memorandum of Understanding. 5. Planned Development Application PD-15-001, Mitigated Negative Declaration ND-15-001. Project Location: 15215 Shannon Road. Property Owner/Applicant: Fred Sahadi. Adopt an Ordinance amending the Zoning Ord inance effecting a Zone Change from Pre- Zone HR-5 to HR-2½:PD at 15215 Shannon Road. APN 537-25-002. ORDINANCE 2258 6. Silicon Valley Regional Communication System Purchase a. Authorize the Town Manager to negotiate and execute an agreement with Motorola Solutions for the purchase and installation of 700Mhz radios and supporting equipment in an amount not to exceed $584,087. b. Authorize budget adjustment transfer in the amount of $295,680 from the Equipment Replacement Fund to the GFAR Fund to be added to the Rad io Replacement Project (821-2402). PAGE 3 OF 8 SUBJECT: DRAFT MINUTES OF THE TOWN COUNCIL MEETING OF APRIL 18, 2017 DATE: APRIL 19, 2017 Consent Items – continued 7. Board of State and Community Corrections (BSCC) Grant a. Consider a request to accept grant funds from the Board of State and Community Corrections (BSCC) to increase positive outcomes between municipal law enforcement and high risk populations. b. Recognize receipt of grant funds and authorize funds in the amount of $47,705.98 to be held in a General Fund deposit account for use of funds beginning in Fiscal Year (FY) 2017/18. 8. Adopt a resolution describing improvements and directing preparation of the Town Engineer's report for Fiscal Year 2017/18 for Landscape and Lighting Assessment Districts No. 1 and 2. RESOLUTION 2017-013 9. Adopt a resolution authorizing the Town Manager to execute all applications, agreements, and annual reports for the purpose of securing Beverage Container Recycling City/County Payment Program funds offered by the Department of Resources Recycling and Recovery (CalRecycle) in order to implement new or enhance existing programs to clean up the waste stream. RESOLUTION 2017-014 10. Authorize the Town Manager to execute a Certificate of Acceptance and Notice of Completion accepting the work of California Roofing Company, Inc. and authorize recording by the Clerk Administrator for PPW Job Number 16-821-2109 Civic Center Museum Roof Improvements Project. MOTION: Motion by Council Member Marcia Jensen to approve the Consent Items, inclusive of addenda. Seconded by Council Member Barbara Spector. VOTE: Motion passed unanimously. VERBAL COMMUNICATIONS Madison Laskey and Ava Toren - Commented on the parking situation at Los Gatos High School and the surrounding areas , and provided ideas to address the issue. PAGE 4 OF 8 SUBJECT: DRAFT MINUTES OF THE TOWN COUNCIL MEETING OF APRIL 18, 2017 DATE: APRIL 19, 2017 OTHER BUSINESS 11. PPW Job No. 13-31 - Almond Grove Rehabilitation Project Phase II - 411-811-0003 a. Approve the award for the low bid from FBD Vanguard Construction, Incorporated and authorize the Town Manager to execute a Construction Agreement for the Almond Grove Phase II Street Reconstruction Project in an amount not to exceed $7,981,382 including a 15% contingency. b. Approve a three year consultant materials testing agreement with Ninyo and Moore for the Almond Grove Phase II Reconstruction Project for $273,837, including a 10% contingency. c. Approve a budget adjustment to decrease the authorized project budget to $14,344,117 contingent upon Council action to include add alternates and retain the excess (up to $3.3M) in the Almond Grove Reserve for allocation during the FY 2017/18 budget process. Lisa Petersen, Town Engineer, presented the staff report. Opened Public Comment. Angelia Doerner - Commented on the three add alternates s and the need to include #1, the status of the utilities, and other costs. Reed Hornberger - Commented on the drainage issue on Bayview and the cost to complete that section. John Shepardson - Thanked the Town for the work done and encouraged the wise use of the funds to complete the project. Closed Public Comment. Council discussed the matter. MOTION: Motion by Council Member Marcia Jensen to approve the award for the low bid from FBD Vanguard Construction, Incorporated and authorize the Town Manager to execute a Construction Agreement for the Almond Grove Phase II Street Reconstruction Project in an amount not to exceed $7,981,382 including a 15% contingency. Seconded by Council Member Steve Leonardis. VOTE: Motion passed unanimously. PAGE 5 OF 8 SUBJECT: DRAFT MINUTES OF THE TOWN COUNCIL MEETING OF APRIL 18, 2017 DATE: APRIL 19, 2017 Other Business Item #11 – continued MOTION: Motion by Council Member Marcia Jensen to approve a three year consultant materials testing agreement with Ninyo and Moore for the Almond Grove Phase II Reconstruction Project for $273,837, including a 10% contingency. Seconded by Council Member Rob Rennie. VOTE: Motion passed unanimously. MOTION: Motion by Council Member Marcia Jensen to approve a budget adjustment to decrease the authorized project budget to $14,344,117 , not include the three alternates, and retain the excess ($3.3M) in the Almond Grove Reserve for allocation during the FY 2017/18 budget process. Seconded by Mayor Marico Sayoc. VOTE: Motion failed 2/3. Vice Mayor Rob Rennie and Council Members Steve Leonardis and Barbara Spector voting no. MOTION: Motion by Council Member Steve Leonardis to approve a budget adjustment to decrease the authorized project budget to $14,781,117, including add alternate #1 Bayview ($437,000), and retain the excess (approximately$2.8M) in the Almond Grove Reserve for allocation during the FY 2017/18 budget process. Seconded by Council Member Barbara Spector. VOTE: Motion passed 3/2. Mayor Marico Sayoc and Council Member Marcia Jensen voting no. PUBLIC HEARINGS 12. 91 and 101 W. Main Street - Conditional Use Permit Application U-16-008. Property Owner: Vermont Building, LLC. Applicant: Teri Hope. Consider a request for approval of a modification of an existing conditional use permit (Los Gatos Coffee Roasting Company) to allow on-site and off-site beer and wine service and entertainment before 10:00 p.m. on property zoned C-2:LHP. APN 529-01-025. RESOLUTION 2017-015 Levi Hill, Associate Planner, presented the staff report. Opened Public Comment. PAGE 6 OF 8 SUBJECT: DRAFT MINUTES OF THE TOWN COUNCIL MEETING OF APRIL 18, 2017 DATE: APRIL 19, 2017 Public Hearing Item #12 – continued Teri Hope, Los Gatos Coffee Roasting Company owner - Commented on the proposed changes to the Conditional Use Permit. Closed Public Comment. Council discussed the matter. MOTION: Motion by Council Member Steve Leonardis to adopt a resolution (Attachment 3 to the staff report) approving a request to modify an existing Conditional Use Permit for 91 and 101 West Main Street (Los Gatos Coffee Roasting Company) to allow on-site and off-site beer and wine service and entertainment before 10:00 p.m. Seconded by Council Member Marcia Jensen. VOTE: Motion passed unanimously. OTHER BUSINESS 13. Receive and approve the FY 2017/18 Community Grants funding recommendations. Shelayne Hammock, Management Analyst, presented the staff report. Opened Public Comment. Jordan Dancer, Next Door Solutions to Domestic Violence - Thanked the Town for their continued support and commented on the services they provide. Tom Picraux, Chair of Community and Senior Services Commission - Commented on the funding allocations. Mary Goulart, Live Oak Senior Nutrition and Service Center - Thanked the Town for the continued support and commented on the services they provide. Michelle Abene, Art Docents of Los Gatos - Thanked the Town for the continued support and commented on the services they provide. Mark Fishler, Parents Helping Parents Development Director - Thanked the Town for the continued support and commented on the services they provide. PAGE 7 OF 8 SUBJECT: DRAFT MINUTES OF THE TOWN COUNCIL MEETING OF APRIL 18, 2017 DATE: APRIL 19, 2017 Other Business Item #13 – continued Sujatha Venkatraman, West Valley Community Services - Thanked the Town for the continued support and commented on the services they provide. Closed Public Comment. Council discussed the matter. MOTION: Motion by Council Member Barbara Spector to approve the Arts and Culture Commission Fiscal Year 2017/18 Community Grants funding recommendations totaling $19,800 (Attachment 3 to the staff report). Seconded by Vice Mayor Rob Rennie. VOTE: Motion passed unanimously. MOTION: Motion by Vice Mayor Rob Rennie to approve the Community and Senior Services Commission Fiscal Year 2017/18 Community Grants funding recommendations contained in Attachment 5 to the staff report. Amendment: the additional $10,000 is a one-time allocation and not a base for future years. Seconded by Mayor Marico Sayoc. VOTE: Motion passed unanimously. Direction to staff: - Provide Federal and State funding allocations for each of the grant requestors in the staff report for future grant funding requests. Recess at 8:59 p.m. Reconvene at 9:06 p.m. 14. Receive the Arts and Culture Commission Strategic planning process update and specify the use of the $25,000 in the Proposed Fiscal Year 2017/18 – 2021/22 Capital Improvement Program Budget for the installation of gateway public art after following the Town's Public Art Selection Policy and Procedures. Maureen Cappon-Javey, Chair of the Arts and Culture Commission (ACC), presented the Strategic Plan update and gateway art project. PAGE 8 OF 8 SUBJECT: DRAFT MINUTES OF THE TOWN COUNCIL MEETING OF APRIL 18, 2017 DATE: APRIL 19, 2017 Other Business Item #14 – continued Opened and closed Public Comment. Council discussed the matter. MOTION: Motion by Council Member Marcia Jensen to approve the Arts and Culture Commission Strategic Plan, endorse the gateway art project, and provide start up seed money of a one-time allocation of $25,000 as set aside in the Council Strategic Planning session earlier this year, and return to the Town Council with gateway ideas. Seconded by Council Member Barbara Spector. VOTE: Motion passed unanimously. ADJOURNMENT The meeting adjourned at 9:43 p.m. Attest: _____________________________________ Shelley Neis, Clerk Administrator