MINUTES OF THE TOWN COUNCIL/PARKING AUTHORITY MEETING SEPTEMBER 15, 2015

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1 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 ): 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: Winchester Avenue (APN: ) 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: ) 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: ) 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: ) 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: , -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.

2 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. 2

3 CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION) 1. Approve Council minutes of September 1, Accept Investment Report for Fourth Quarter (April through June 2015). 3. Approve a one-time waiver of the requirements of Council Resolution 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 by Council Member Steve Leonardis to approve the Consent Items. Seconded by Council Member Marico Sayoc. 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 to the Los Gatos Town Code relating to the adoption of mitigation fees pursuant to government code section 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 David Lanferman, attorney for Building Industry Association (BIA) - Commented in opposition of the ordinance. 3

4 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 Dennis Martin, Building Industry Association (BIA) representative - Commented in opposition of the ordinance. Nicole Reginelli Deborah Weinstein Becky Hanson Barbara Black Closed Public Comment at 8:35 p.m. Council discussed the matter. Motion by Council Member Marico Sayoc 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. Seconded by Council Member Rob Rennie. 4

5 Public Hearing Item #5 continued Motion by Council Member Marico Sayoc 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 return to Council for final approval on October 6, Seconded by Vice Mayor Barbara Spector. 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) 5

6 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 by Council Member Steve Leonardis to establish an Ad Hoc Citizen Committee with two Council Members, appointed by the Mayor, and three members of the public. Seconded by Council Member Rob Rennie. 7. PPW Job No 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. 6

7 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 by Council Member Rob Rennie to oppose asphalt overlay and move forward with the concrete reconstruction proposal. Seconded by Vice Mayor Barbara Spector. After Council discussion, the Vice Mayor withdrew her second. Motion failed for lack of a second. 7

8 Other Business Item #7 continued Motion by Vice Mayor Barbara Spector 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 and gutters. Seconded by Council Member Steve Leonardis. Motion failed 2/3. Mayor Marcia Jensen and Council Members Rob Rennie and Marico Sayoc voting no. Motion by Council Member Marico Sayoc that the design parameters will keep the existing curb line in place, regardless if the project includes two streets or ten. Seconded by Council Member Rob Rennie. Motion by Council Member Marico Sayoc 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 is two streets or ten. Seconded by Council Member Rob Rennie. Motion passed 4/1. Vice Mayor Barbara Spector voting no. Motion by Council Member Steve Leonardis to bid all ten streets for concrete reconstruction and asphalt reconstruction. Seconded by Vice Mayor Barbara Spector. Motion failed 2/3. Mayor Marcia Jensen and Council Members Rob Rennie and Marico Sayoc voting no. Motion by Mayor Marcia Jensen 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, and it would not require a redesign. Motion failed for lack of a second. 8

9 Other Business Item #7 continued Motion by Vice Mayor Barbara Spector to continue the meeting to no later than 12:20 a.m. Seconded by Council Member Steve Leonardis. Motion by Council Member Rob Rennie 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 Bachman. Motion failed for lack of a second. Motion by Council Member Steve Leonardis to issue a Request for Proposals for design for all ten streets for concrete reconstruction and asphalt reconstruction within the parameters of the prior motions that maintain curb lines. Seconded by Vice Mayor Barbara Spector. Motion failed 2/3. Mayor Marcia Jensen and Council Members Rob Rennie and Marico Sayoc voting no. Motion by Council Member Steve Leonardis to continue the meeting to 12:30 a.m. Seconded by Council Member Rob Rennie. Motion by Council Member Rob Rennie 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 cost for the curb change in concrete and asphalt. Motion failed for lack of a second. 9

10 Other Business Item #7 continued Motion by Council Member Steve Leonardis to issue a Request for Proposals for design for all ten streets for concrete reconstruction and asphalt reconstruction. Seconded by Vice Mayor Barbara Spector. Motion failed 2/3. Mayor Marcia Jensen and Council Members Rob Rennie and Marico Sayoc voting no. Motion by Council Member Steve Leonardis to continue the matter to October 20, Seconded by Vice Mayor Barbara Spector. 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 by Mayor Marcia Jensen to continue the item to October 6, Seconded by Vice Mayor Barbara Spector. ADJOURNMENT The meeting adjourned at 12:34 a.m. Attest: /s/ Shelley Neis, Clerk Administrator 10