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Agenda TOWN OF LOS GATOS JOINT TOWN COUNCIL/PARKING AUTHORITY JUNE 21, 2016 110 EAST MAIN STREET COUNCIL CHAMBERS (DOWNSTAIRS) Barbara Spector, Mayor Marico Sayoc, Vice Mayor LOS GATOS, CA 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 JOINT TOWN COUNCIL/PARKING AUTHORITY JUNE 21, 2016 7:00 P.M. MEETING CALLED TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE Scarlett Wales PRESENTATIONS Small Business, Big Applause - Gatito Cleaners CLOSED SESSION REPORT COUNCIL/TOWN MANAGER REPORTS 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.Approve Council minutes of June 7, 2016 2.Adopt a resolution of the Town of Los Gatos requesting that the County of Santa Clara Board of Supervisors consolidate a General Municipal Election to be held November 8, 2016 with the Statewide General Election to be held on that date pursuant to Section 10403 of the Elections Code and authorizing other related actions 3.Approve Third Quarter Investment Report (January through March 2016) for Fiscal Year 2015/16. 4.Authorize the early appropriation of funds for the Cut-Through Traffic Mitigation Project (471-813-0229), as adopted in the FY 2016/17 Capital Improvement Program Budget, in FY 2015/16 5.Authorize the Town Manager to execute an agreement for services with the Los Gatos Chamber of Commerce in an amount not to exceed $50,000 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 2 CONSENT ITEMS (continued) 6.Authorize the Town Manager to execute a First Amendment to the Lease Agreement with Billy Jones Wildcat Railroad Inc. 7.Authorize the Town Manager to execute an Second Amendment to the Professional Services Agreement with Renne Sloan Hotzman Sakai to extend the contract for one year at a cost not exceed $50,000 to perform labor relations and employment matters 8.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. 10-10 Highway 9/University Avenue Intersection Improvement Project 9.Authorize the Town Manager to execute a Summary Vehicle Quotation to extend the Commercial Motor Vehicle Master Lease Agreement with Mike Albert, Ltd. in an amount not to exceed $16,600 for a 24-month lease extension for four electric vehicles (EVs), for a total lease amount not to exceed $51,240 10.Old Library Re-Use Project Authorize the Town Manager to: a.Execute a first amendment to the Construction Agreement with California Plus Engineering, Inc. for an additional amount of $13,522. b.Authorize a budget adjustment to increase the project appropriation from anticipated FY 2015/16 year end General Fund savings for the Old Library Re- Use Project in the amount of $52,220. Execute a Certificate of Acceptance and Notice of Completion accepting the work c. of California Plus Engineering and authorize recording by the Clerk Administrator for the Los Gatos Civic Center Museums of Los Gatos Tenant Improvement Project. 11. Authorize the Town Manager to execute a first amendment to the Agreement for Services with Air Systems, Incorporated to provide additional compensation for unanticipated service calls, equipment failures and replacements for heating, ventilation, and air conditioning (HVAC) in an amount of $12,000 annually, for a total agreement amount not to exceed $209,235 12. Authorize the Town Manager to execute a First Amendment to an Agreement for Services with Universal Site Services in the amount of $53,817 plus a ten percent contingency for a total contract amount not to exceed $59,198 to support expanded trash and recycling pickup services in the downtown. 13. Authorize the Town Manager to execute a first amendment to the Purchase and Service Agreement with St. Francis Electric for traffic signal and streetlight maintenance and repair services for Fiscal Year 2016/17 in an amount not to exceed $135,000 annually, including a ten percent contingency for unforeseen repair services and authorize an additional amount not to exceed $10,000 to fund unforeseen repair services in Fiscal Year 2015/16. 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.) Page 3 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.) 14.Landscape 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 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 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 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 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 Adopt resolution confirming the diagram and assessments, and levying and f. authorizing collection of assessments for Landscape and Lighting Assessment District No. 2 - Gemini Court Benefit Zone 15.Architecture and Site Application S-15-059. Property Location: 126 Clover Way. Applicant: Eugene Sakai. Property Owner/Appellant: Michael Paige. Consider an appeal of a decision of the Planning Commission denying a request to demolish an existing single-family residence and to construct a new single-family residence on property zoned R-1:10. APN 532-15-005. 16.Architecture and Site Application S-16-002 and Conditional Use Permit Application U- 16-001. Property Location: 212-216 N. Santa Cruz Avenue. Applicant/Appellant: Paul Fusco, Soul Cycle. Property Owner: McCarthy Santa Cruz Ave, LLC. Consider an appeal of the decision of the Planning Commission denying a request for approval of exterior modifications to an existing commercial building and approval for a new fitness studio (Soul Cycle) with group exercise classes on property zoned C-2. APN 529-04- 085. OTHER BUSINESS (Up to three minutes may be allotted to each speaker on any of the following items.) 17.Receive the report and recommendations from the Ad Hoc Citizen Committee, and direct staff to bring forward the following items for Town Council consideration at its August 2, 2016 meeting: a.Prepare a draft resolution to place a general purpose, half-cent sales tax with a 25- year sunset on the November 2016 General Election ballot. b.Provide a draft framework for a Citizens Oversight Committee to ensure all tax revenues from a potential revenue measure are spent a manner consistent with the ballot measure. c.Propose a draft list of capital improvement projects as potential expenditures should the measure be successful Page 4 OTHER BUSNIESS (continued) 18.Veterans Memorial Conceptual Designs a.Accept the recommendation from the Veterans Memorial and support foundation of Los Gatos for the selection of the Flame of Liberty Veterans Memorial concept to be located at the Los Gatos Civic Center b.Provide direction regarding next steos Discuss and adopt the Policy Committee’s recommendation for an Entertainment Policy 19. allowing Entertainment by right before 10:00 p.m. given compliance with the currently adopted noise ordinance is met and allowance for late night entertainment after 10:00 p.m. with an approved ADJOURNMENT (Council policy is to adjourn no later than midnight unless a majority of Council votes for an extension of time) Page 5 TOWN OF LOS GATOS JOINT TOWN COUNCIL/PARKING AUTHORITY JUNE 21, 2016 110 EAST MAIN STREET COUNCIL CHAMBERS (DOWNSTAIRS) Barbara Spector, Mayor Marico Sayoc, Vice Mayor LOS GATOS, CA 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 JOINT TOWN COUNCIL/PARKING AUTHORITY JUNE 21, 2016 7:00 P.M. MEETING CALLED TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE Scarlett Wales PRESENTATIONS Small Business, Big Applause - Gatito Cleaners CLOSED SESSION REPORT COUNCIL/TOWN MANAGER REPORTS 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.Approve Council minutes of June 7, 2016 2.Adopt a resolution of the Town of Los Gatos requesting that the County of Santa Clara Board of Supervisors consolidate a General Municipal Election to be held November 8, 2016 with the Statewide General Election to be held on that date pursuant to Section 10403 of the Elections Code and authorizing other related actions 3.Approve Third Quarter Investment Report (January through March 2016) for Fiscal Year 2015/16. 4.Authorize the early appropriation of funds for the Cut-Through Traffic Mitigation Project (471-813-0229), as adopted in the FY 2016/17 Capital Improvement Program Budget, in FY 2015/16 5.Authorize the Town Manager to execute an agreement for services with the Los Gatos Chamber of Commerce in an amount not to exceed $50,000 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 2 CONSENT ITEMS (continued) 6.Authorize the Town Manager to execute a First Amendment to the Lease Agreement with Billy Jones Wildcat Railroad Inc. 7.Authorize the Town Manager to execute an Second Amendment to the Professional Services Agreement with Renne Sloan Hotzman Sakai to extend the contract for one year at a cost not exceed $50,000 to perform labor relations and employment matters 8.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. 10-10 Highway 9/University Avenue Intersection Improvement Project 9.Authorize the Town Manager to execute a Summary Vehicle Quotation to extend the Commercial Motor Vehicle Master Lease Agreement with Mike Albert, Ltd. in an amount not to exceed $16,600 for a 24-month lease extension for four electric vehicles (EVs), for a total lease amount not to exceed $51,240 10.Old Library Re-Use Project Authorize the Town Manager to: a.Execute a first amendment to the Construction Agreement with California Plus Engineering, Inc. for an additional amount of $13,522. b.Authorize a budget adjustment to increase the project appropriation from anticipated FY 2015/16 year end General Fund savings for the Old Library Re- Use Project in the amount of $52,220. Execute a Certificate of Acceptance and Notice of Completion accepting the work c. of California Plus Engineering and authorize recording by the Clerk Administrator for the Los Gatos Civic Center Museums of Los Gatos Tenant Improvement Project. 11. Authorize the Town Manager to execute a first amendment to the Agreement for Services with Air Systems, Incorporated to provide additional compensation for unanticipated service calls, equipment failures and replacements for heating, ventilation, and air conditioning (HVAC) in an amount of $12,000 annually, for a total agreement amount not to exceed $209,235 12. Authorize the Town Manager to execute a First Amendment to an Agreement for Services with Universal Site Services in the amount of $53,817 plus a ten percent contingency for a total contract amount not to exceed $59,198 to support expanded trash and recycling pickup services in the downtown. 13. Authorize the Town Manager to execute a first amendment to the Purchase and Service Agreement with St. Francis Electric for traffic signal and streetlight maintenance and repair services for Fiscal Year 2016/17 in an amount not to exceed $135,000 annually, including a ten percent contingency for unforeseen repair services and authorize an additional amount not to exceed $10,000 to fund unforeseen repair services in Fiscal Year 2015/16. 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.) Page 3 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.) 14.Landscape 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 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 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 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 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 Adopt resolution confirming the diagram and assessments, and levying and f. authorizing collection of assessments for Landscape and Lighting Assessment District No. 2 - Gemini Court Benefit Zone 15.Architecture and Site Application S-15-059. Property Location: 126 Clover Way. Applicant: Eugene Sakai. Property Owner/Appellant: Michael Paige. Consider an appeal of a decision of the Planning Commission denying a request to demolish an existing single-family residence and to construct a new single-family residence on property zoned R-1:10. APN 532-15-005. 16.Architecture and Site Application S-16-002 and Conditional Use Permit Application U- 16-001. Property Location: 212-216 N. Santa Cruz Avenue. Applicant/Appellant: Paul Fusco, Soul Cycle. Property Owner: McCarthy Santa Cruz Ave, LLC. Consider an appeal of the decision of the Planning Commission denying a request for approval of exterior modifications to an existing commercial building and approval for a new fitness studio (Soul Cycle) with group exercise classes on property zoned C-2. APN 529-04- 085. OTHER BUSINESS (Up to three minutes may be allotted to each speaker on any of the following items.) 17.Receive the report and recommendations from the Ad Hoc Citizen Committee, and direct staff to bring forward the following items for Town Council consideration at its August 2, 2016 meeting: a.Prepare a draft resolution to place a general purpose, half-cent sales tax with a 25- year sunset on the November 2016 General Election ballot. b.Provide a draft framework for a Citizens Oversight Committee to ensure all tax revenues from a potential revenue measure are spent a manner consistent with the ballot measure. c.Propose a draft list of capital improvement projects as potential expenditures should the measure be successful Page 4 OTHER BUSNIESS (continued) 18.Veterans Memorial Conceptual Designs a.Accept the recommendation from the Veterans Memorial and support foundation of Los Gatos for the selection of the Flame of Liberty Veterans Memorial concept to be located at the Los Gatos Civic Center b.Provide direction regarding next steos Discuss and adopt the Policy Committee’s recommendation for an Entertainment Policy 19. allowing Entertainment by right before 10:00 p.m. given compliance with the currently adopted noise ordinance is met and allowance for late night entertainment after 10:00 p.m. with an approved ADJOURNMENT (Council policy is to adjourn no later than midnight unless a majority of Council votes for an extension of time) Page 5