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Minutes (2)DRAFT Town Council Meeting 02/16/16 Item #1b MINUTES OF THE TOWN COUNCIL/PARKING AUTHORITY MEETING FEBRUARY 2, 2016 The Town Council of the Town of Los Gatos conducted a Regular Meeting on Tuesday, February 2, 2016, at 7:00 p.m. MEETING CALLED TO ORDER AT 7:00 P.M. ROLL CALL Present: Mayor Barbara Spector, Vice Mayor Marico Sayoc, Council Member Marcia Jensen, Council Member Steve Leonardis, Council Member Rob Rennie. Absent: None PLEDGE OF ALLEGIANCE Stella Farwell led the Pledge of Allegiance. The audience was invited to participate. CLOSED SESSION REPORT Robert Schultz, Town Attorney, stated there is no report. COUNCIL/TOWN MANAGER REPORTS Council Matters - Mayor Spector presented a commendation to South Bay Farmers’ Market owners Melanie Defe and SuEllen Sterling in appreciation of their work the last 24 years. - Council Member Marcia Jensen stated she attended the Route 85 Policy Advisory Committee meeting, the Policy Committee meeting along with Vice Mayor Marico Sayoc, and the Santa Clara Valley Water District Board meeting. - Council Member Rob Rennie stated he attended the Housing and Community Development Advisory Committee meeting and the League of Cities dinner. - Mayor Barbara Spector stated she attended the Finance Committee meeting with Council Member Steve Leonardis, ribbon cuttings for Lone Star Lending and We Olive, the West Valley and North County Mayors meeting at the Silicon Valley Leadership Group, and invited all to attend the State of the Town message on March 1. - Vice Mayor Marico Sayoc stated she attended the swearing in of the new police officer and the Policy Committee meeting. - Council Member Steve Leonardis stated he attended the Housing and Community Development Advisory Committee meeting and the Finance Committee meeting. 2 Town Council/Parking Authority February 2, 2016 Manager Matters - Announced the Library anniversary celebration will be held on February 11, from 4:00 to 5:30 p.m. and invited the public to attend. - Announced recruitment has is ongoing for vacancies for adult Commissioners on the Arts & Culture Commission, General Plan Committee, Transportation & Parking Commission; and for Student Commissioners to serve on the Community & Senior Services Commission, Library Board, Parks Commission, and Youth Commission. - Announced the new Art in the Council Chamber exhibit by the Los Gatos High School Advanced Art Painting class has been installed and the reception is Thursday, February 4, 2016, from 6:00 to 7:30 p.m. in the Council Chambe r. All are invited to attend. 1. CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION) 1.1. Approve Council minutes of January 19, 2016. 1.2. Authorize 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. 1.3. Authorize 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. 1.4. Authorize 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. 1.5. Music 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 amo unt 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. 1.6. Authorize 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. MOTION: Motion by Vice Mayor Marico Sayoc to approve Consent Items 1.1 through 1.6. Seconded by Council Member Steve Leonardis. VOTE: Motion passed unanimously. 3 Town Council/Parking Authority February 2, 2016 VERBAL COMMUNICATIONS Anne Robinson - Commented on the Charter Oaks Drive and Lark Avenue intersection and asked how the $350,000 from the Albright settlement is to be used. 2. PUBLIC HEARINGS 2.1. COMMUNITY 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. RESOLUTION 2016-002 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. Matt Morley, Parks & Public Works Director, presented the staff report. Opened Public Comment at 7:33 p.m. Mike Balma - Commented in favor of the program. Bruce Karney, Carbon Free Mountain View - Commented in favor of the program. Angelia Doerner - Commented on the program and suggested more outreach to the public should be done. Closed Public Comment at 7:42 p.m. Council discussed the matter. 4 Town Council/Parking Authority February 2, 2016 Public Hearing Item 2.1 – continued MOTION: Motion by Vice Mayor Marico Sayoc to 1) 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 by title only (Attachment 1); 2) adopt a Resolution to approve the Joint Powers Authority (JPA) Agreement (Attachment 2) establishing and authorizing participation in the Silicon Valley Clean Energy Authority; 3) 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; 4) approve the appropriation of $150,000 from Fiscal Year 2014/15 year end savings to support funding the initial costs of the JPA; and 5) appoint a Council Member as the Town representative to the JPA and an alternate representative. Seconded by Council Member Rob Rennie. VOTE: Motion passed 4/1. Council Member Steve Leonardis voting no. Mayor Spector requested that those Council Members interested in representing the Town on the JPA to submit their name to her by Wednesday, February 3 and she will make the appointments. MOTION: Motion by Vice Mayor Marico Sayoc to direct the Clerk Administrator to read the title of the ordinance. Seconded by Mayor Barbara Spector. VOTE: Motion passed 4/1. Council Member Steve Leonardis voting no. The Clerk Administrator read the title of the ordinance. 2.2. MEDICAL 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. ORDINANCE 2251 Rob Schultz, Town Attorney, presented the staff report. 5 Town Council/Parking Authority February 2, 2016 Public Hearing Item 2.2 – continued Opened and closed Public Comment at 7:51 p.m. Council discussed the matter. MOTION: Motion by Council Member Marcia Jensen to waive the reading of the Ordinance and Urgency Ordinance and ask the Clerk Administrator to read the title of the proposed Ordinances. Seconded by Council Member Rob Rennie. VOTE: Motion passed unanimously. The Clerk Administrator read the title of the ordinance. MOTION: Motion by Council Member Marcia Jensen to introduce the Ordinance 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. Seconded by Council Member Rob Rennie. VOTE: Motion passed unanimously. MOTION: Motion by Council Member Marcia Jensen to adopt an Urgency Ordinance 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. Seconded by Mayor Barbara Spector. VOTE: Motion passed unanimously. The Clerk Administrator read the title of the urgency ordinance. 2.3. Town 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. Monica Renn, Economic Vitality Manager, presented the staff report. 6 Town Council/Parking Authority February 2, 2016 Public Hearing Item 2.3 – continued Opened and closed Public Comment at 8:01 p.m. Council discussed the matter. MOTION: Motion by Vice Mayor Marico Sayoc to amend Town Code Section 29.10.020 to omit the formula retail definition completely. Seconded by Council Member Marcia Jensen. VOTE: Motion failed 2/3. Mayor Barbara Spector, Council Member Steve Leonardis, and Council Member Rob Rennie voting no. MOTION: Motion by Council Member Marcia Jensen not to move forward with a modification to the Code at this time, and instead refer the question of a ratio of formula and smaller retail to the Policy Committee for further examination. Seconded by Council Member Steve Leonardis. VOTE: Motion passed unanimously. 3. OTHER BUSINESS 3.1. Endorse 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. Matt Morley, Parks & Public Works Director, presented the staff report. Opened Public Comment at 8:34 p.m. Carl Guardino, Silicon Valley Leadership Group - Commented on the proposed sales tax measure and the allocation of funds. Lee Pennington - Commented against the sales tax and in favor of a comprehensive West Valley study and that all environmental impacts are addressed. Closed Public Comment at 8:48 p.m. Council discussed the matter. 7 Town Council/Parking Authority February 2, 2016 Other Business Item 3.1 – continued MOTION: Motion by Vice Mayor Marico Sayoc to: 1) do not endorse the allocation at this time; 2) give discretion to the Mayor and Town Manager to advocate for the Town’s position; 3) the Town’s position is consistent with the goals and strategies as contained in Study Session Attachment 5 (Goals and Strategies) but also the strategies and goals in the Town’s General Plan as well as the work plans. These priorities include keeping regional traffic on freeways so as not to cut through Town, and upgrading pedestrian and bicycle mobility; 4) don’t do anything that would harm the community adjacent to Highway 85. We are looking at what those studies are studying to ensure we don’t tie our hands one way or another; 5) do not endorse a sales tax measure at this time; and 6) continue the discussion and gather information so that when it’s the appropriate time, we can make a decision that is best for Los Gatos. Seconded by Council Member Marcia Jensen. VOTE: Motion passed unanimously. 3.2. Hillside 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. RESOLUTION 2016-003 for the Reflectivity Only. Jocelyn Puga, Assistant Planner, presented the staff report. Opened Public Comment at 9:11 p.m. Dan Hale - Commented in favor of averaging and including the roof in the averaging. Lee Quintana - Recommended it be returned to staff for further work and recommended a maintenance agreement as opposed to deed restriction . Dave Weismann - Commented on statements in the Desk Item and recommended that it be referred back to staff. 8 Town Council/Parking Authority February 2, 2016 Other Business Item 3.2 – continued Steve Abbs, Davidon Homes - Commented in favor of the proposed changes. Sandy Decker - Commented in favor of a 15% viewable area in place of the 25% currently. Dennis Razari, Davidon Homes - Commented on the deed restrictions and mitigation planting, and commended staff and the Planning Commission for their work. Closed Public Comment at 9:49 p.m. Council discussed the matter. MOTION: Motion by Council Member Marcia Jensen to return the Standards and Guidelines to staff with the following direction: 1) delete the asterisks and include the language in the document; 2) examine consistency in language (e.g. the words view vs. visibility); 3) with regard to screening include more specific language for analysis of screening; 4) require a maintenance agreement; and 5) look at view corridors, but not so narrowly. AMENDMENT: to follow the Tree Ordinance closely. Seconded by Mayor Barbara Spector. VOTE: Motion passed unanimously. MOTION: Motion by Council Member Marcia Jensen to adopt the color analysis reflectivity level as recommended by the Planning Commission and specifically exclude the suggestion that we include roofs. Seconded by Mayor Barbara Spector. VOTE: Motion passed unanimously. Recess at 10:05 p.m. Reconvened at 10:15 p.m. 9 Town Council/Parking Authority February 2, 2016 3.3. PPW 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 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. Lisa Petersen, Town Engineer, presented the staff report. Opened Public Comment at 10:22 p.m. Angelia Doerner - Commented on the project. Closed Public Comment at 10:26 p.m. Council discussed the matter. MOTION: Motion by Council Member Rob Rennie to 1) 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; and 2) 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. Seconded by Council Member Marcia Jensen. VOTE: Motion passed unanimously. ADJOURNMENT The meeting adjourned at 10:56 p.m. Attest: _____________________________________ Shelley Neis, Clerk Administrator