MINUTES OF THE TOWN COUNCIL/PARKING AUTHORITY MEETING JUNE 2, 2015

Transcription

1 Town Council Meeting 06/16/15 Item #1 MINUTES OF THE TOWN COUNCIL/PARKING AUTHORITY MEETING JUNE 2, 2015 The Town Council of the Town of Los Gatos conducted a Special Meeting on Tuesday, June 2, 2015, to hold a Closed Session at 6:30 p.m. and a Regular Meeting at 7:00 p.m. CLOSED SESSION 6:30 P.M. CS-1 CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Government Code Section ) Property: 108 E. Main Street Negotiating parties: Town of Los Gatos (Negotiator: Les White, Interim Town Manager) Friends of the Library (Negotiator: Marlene Rodman, Board President) Under negotiation: Terms and conditions of Lease Agreement 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 Kyle Ellison led the Pledge of Allegiance. The audience was invited to participate. PRESENTATIONS Claire Strickland, Youth Commission Chair, presented the 2015 Youth Friendly Business award to Yogurt and Love. The Mayor and Matt Frisby, Police Chief, presented Commendations to outgoing Student Commissioners: Kira Barsten, Youth Commissioner; XinNi Chai, Youth Commissioner; Catrina Chen, Youth Commissioner; Jonathan Gilbert, Youth Commissioner; Mackenzie Jackson, Youth Commissioner; Amanda Nguyen, Community & Senior Services Commissioner; Kevin Potts, Library Board Member; Claire Strickland, Youth Commissioner; Hailey Verga, Youth Commissioner; Franklin Wang, Library Board Member; Jordan Weiner, Community and Senior Services Commissioner; and Thomas Wrappe, Youth Commissioner. CLOSED SESSION REPORT Robert Schultz, Town Attorney, stated Council met in Closed Session as duly noted on the agenda and there is no report.

2 COUNCIL/TOWN MANAGER REPORTS Council Matters - Council Member Marico Sayoc stated she attend the Parks and Public Works (PPW) Open House, the Forbes Mill Footbridge Rededication, the Memorial Day Ceremony at Los Gatos Memorial Park, and preschool story time at the Library. She also announced the Grand Opening of the Friends of the Library and NUMU on Saturday, June 6. - Council Member Steve Leonardis stated he attended the Memorial Day Celebration at Los Gatos Memorial Park, the Forbes Mill Footbridge Rededication, and as the Chair of the West Valley Sanitation District (WVSD) Board of Directors, handled the performance evaluation for WVSD Manager. - Mayor Marcia Jensen stated she attended the Memorial Day Ceremony at Los Gatos Memorial Park, the Forbes Mill Footbridge Rededication, and the Student Commissioner interviews. - Vice Mayor Barbara Spector stated she attended the Forbes Mill Footbridge Rededication, the Parking and Transportation Ad Hoc Committee meeting, and the Student Commissioner interviews. She commended the current Student Commissioners for their work. - Council Member Rob Rennie stated he attended the Parking and Transportation Ad Hoc Committee meeting, the Forbes Mill Footbridge Rededication, the League of Cities dinner, the Los Gatos-Monte Sereno Police Foundation Board meeting, the Cupertino Study Session on the Santa Clara County potential tax measure for transportation improvements. Council Member Steve Leonardis requested adding an item to the agenda regarding the water pumping station proposal at Kennedy Meadows. Town Attorney Robert Schultz advised the correct avenue is with the San Jose Water as they are taking public comment now and the Town will have an opportunity to comment in the future. CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION) 1. Approve Council minutes of May 19, Student Commissioner Appointments 3. Town Code Amendment A Street Trees and Tree Protection. Applicant: Town of Los Gatos Adopt amendments to Chapter 26 (Trees and Shrubs) and Chapter 29 (Zoning Regulations Tree Protection) of the Town Code ORDINANCE Authorize the Town Manager to execute an agreement for a three month extension with O.C. McDonald Incorporated for HVAC maintenance and repair services not to exceed $25,000 2

3 Consent Items continued 5. PPW Job No FY 2014/15 Annual Street Repair and Resurfacing Project and Pavement Rehabilitation - Crack Seal And Staff recommends that the Town Council: a. Approve plans and specifications for the Annual Street Repair and Resurfacing & Pavement Rehabilitation Crack Seal Project and authorizing 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 $1,879,967, including contingencies c. Authorize staff to execute future change orders in an amount not to exceed fifteen percent of the contract award amount 6. Annual renewal of Agreement for Services with the Los Gatos Chamber of Commerce to manage the Los Gatos Visitor Information Center, Visitors Bureau, and coordinate the Leadership Los Gatos Program Items 1, 5 and 6 were pulled. Motion by Council Member Steve Leonardis to approve Consent Items 2, 3 and 4. Seconded by Vice Mayor Barbara Spector. Motion passed unanimously on items 3 and 4. Council Member Marico Sayoc recused on Item #2. Pulled Consent Item #1 1. Approve Council minutes of May 19, 2015 Mark Weisler pulled Consent Item #1 - Questioned the statement to determine which project to go forward with used in the minutes under Item #5 Almond Grove Repaving Project and whether that accurately reflected Council s intention. Opened and closed Public Comment at 7:28 p.m. Council Discussion Council Member Leonardis stated his motion was to bring forth the reports that were prepared by Mr. Kevin Rohani in 2011 showing both phases of the Almond Grove street reconstruction project. It is my belief that the Vice Mayor Spector and me, who are probably the only Council Members who may remember when it was presented in 2011 or may even know that it exists, that as well as a report I finally received today from Nichols Consulting, which was the agreement we had signed with them, I still have not received the Request for Proposals (RFP) from them, but my goal was to get all the information available to the Council so they could make an informed decision about this 3

4 Pulled Consent Item #1 continued project. The motion as stated here in the minutes doesn't quite reflect all of that, but that's what the intention was. Vice Mayor Spector stated that while she can appreciate what Council Member Leonardis is saying this evening, and she doesn't disagree that that information might be helpful, however the minutes in her opinion do accurately reflect what happened at the meeting and what was voted upon at that meeting. Motion by Council Member Steve Leonardis to amend the minutes to indicate more specifically that the reports requested were the 2011 reports from Kevin Rohani. Motion failed for lack of a second. Motion by Mayor Marcia Jensen to approve the minutes from the May 19 meeting as written and incorporate into the minutes of June 2 the discussion (see above) held regarding the comments from the public, Council Member Steve Leonardis, and Vice Mayor Barbara Spector. Seconded by Vice Mayor Barbara Spector. Motion passed unanimously. Pulled Consent Item #5 5. PPW Job No FY 2014/15 Annual Street Repair and Resurfacing Project and Pavement Rehabilitation - Crack Seal And Staff recommends that the Town Council: a. Approve plans and specifications for the Annual Street Repair and Resurfacing & Pavement Rehabilitation Crack Seal Project and authorizing 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 $1,879,967, including contingencies c. Authorize staff to execute future change orders in an amount not to exceed fifteen percent of the contract award amount Angelia Doerner pulled Consent Item #5 - Stated she pulled the item because she believes there is valuable information in the report that would serve the public very well and has a general question on scope. Lisa Petersen, Town Engineer, presented the staff report. Opened Public Comment at 7:28 p.m. 4

5 Pulled Consent Item #5 continued Angelia Doerner - Commented on the CIP budget and finding funding for street repairs. Closed Public Comment at 7:38 p.m. Council discussed the matter. Motion by Vice Mayor Barbara Spector to defer consideration and decision on this item until a review of the CIP Budget for FY 2015/16. Seconded by Council Member Steve Leonardis. Motion passed unanimously. Pulled Consent Item #6 6. Annual renewal of Agreement for Services with the Los Gatos Chamber of Commerce to manage the Los Gatos Visitor Information Center, Visitors Bureau, and coordinate the Leadership Los Gatos Program Council Member Steve Leonardis pulled Consent Item #6 Opened and Closed Public Comment at 7:58 p.m. Council discussed the matter. Motion by Council Member Rob Rennie to fund the contract as is with direction to staff to look at options of how other cities are funding their chambers and to bring the report back to Council in December with the status report from the Chamber. Seconded by Council Member Marico Sayoc. Motion passed unanimously. VERBAL COMMUNICATIONS Stan Barkey, West Valley Community Services Board Chair - Thanked Council for their support for the emergency services they provide to Los Gatos residents (e.g., food pantry, housing for homeless, transitional services, transportation services, and case management). Jonathan Knowles - Invited all Council Members to attend the Los Gatos-Monte Sereno Police Foundation Board meetings and thanked Council for the partnership over the last 20+ years. 5

6 Verbal Communications continued Shawn Lucca - Thanked the Youth Commission for the Commendation for Yogurt and Love and proposed an idea for parklets in front of business to allow for outdoor seating. Matthew Hudes - Requested Council to err on the side of open government and duly notice public comment opportunities on a line item basis on the agenda; that Council take public comment prior to voting on items that will significantly impact the community, items that have had numerous substantive changes introduced since the last opportunity for public comment, when comments have not been heard for months, or when there are new Council Members who are hearing the item. John Shepardson - Shared information from Santa Clara Valley Water District (SCVWD) for free conservation items; commented on parking alternatives and City of Danville s traffic program to reduce traffic congestion; endorsed public/private parking partnership; and identified a program for issuing parking tickets for parking enforcement officers. Bill Reynolds - Commented in favor of parklets. OTHER BUSINESS 7. Reuse of the Venue Anne Zepecki, Molly Ball, Crystal Huang, and Shomil Jain, Youth Commissioners, presented the staff report. Opened Public Comment at 8:37 p.m. Melissa Toren, KCAT Executive Director - Thanked the Youth Commission for recommending KCAT as a partner for the Venue and stated if they are awarded the contract, they look forward to working with the Town and the other groups recommended by the Youth Commission. Yvonne Linney - Read a letter on behalf of Christine Dunckley, Los Gatos Youth Theater, in support of the proposed reuse of the Venue. Randi Chen, Los Gatos Youth Theater - Commented in support of Los Gatos Youth Theater s use of the venue and requested use of the storage unit at the back of the Venue. 6

7 Other Business Item #7 continued Phil Knopf - Commended the Youth Commission for their research on this project and commented in favor of the proposed agreement. John Shepardson - Commented in support of the proposal. Marshall Smith, Boy Scouts Troop 2 Representative - Commented against the proposal and stated the Boy Scouts need the entire building and therefore, are not interested in sharing the space. Closed Public Comment at 9:04 p.m. Council discussed the matter. Motion by Mayor Marcia Jensen to adopt the recommendation of the Youth Commission to negotiate a lease agreement with KCAT for the reuse of the former Venue building; that the lease negotiations include terms that would require a front meeting room, and instead of the terms used in the staff report, use the term "require a flexible front meeting space to be retained to be negotiated among those users of the building to make it most efficient;" to direct staff that Boy Scout Troop 2 not be included in those negotiations, and that if Troop 539 applied they can be approached to determine whether or not they would like to participate; and that consideration be given to discussion with the Los Gatos Youth Theater about the use of that space. Seconded by Vice Mayor Barbara Spector. Motion passed 4/1. Council Member Steve Leonardis voting no. Mayor Jensen advised due to the time and the number of lengthy items remaining on the agenda, Item 9 would be heard next. Item 11 was continued to June 16, see motion. PUBLIC HEARINGS 12. Conditional Use Permit U , Subdivision Application M , and Architecture and Site Applications S through S Property Location: 258 Union Avenue. Applicant: Chris Kummerer. Property Owner/Appellant: Valley One Investment, LLC. 7

8 Public Hearing Item #12 continued Consider an appeal of the decision of the Planning Commission approving a request to construct eight residential condominiums on property zoned C-1. APN and Mayor Jensen opened the public hearing and discussed continuing the item to a date certain, then closed the public hearing. Motion by Mayor Marcia Jensen to continue the item to June 16, Seconded by Council Member Marico Sayoc. Motion passed unanimously 9. Abatement of Hazardous Vegetation (Brush) After holding the required public hearing, order abatement of hazardous vegetation (brush) Matt Morley, Parks and Public Works Director, presented the staff report. Opened and Closed Public Comment at 9:24 p.m. Council discussed the matter. Motion by Vice Mayor Barbara Spector to order the abatement of hazardous vegetation (brush). Seconded by Council Member Marico Sayoc. Motion passed unanimously. Mayor Jensen advised due to time constraints, Item 10 would be taken out of order and heard next. 10. Water Conservation Introduce an ordinance adopting additions to Chapter 27 (utilities) of the Town Code a. Make the required finding that there is no possibility that this project will have a significant impact on the environment; therefore, the project is not subject to the California Environmental Quality Act (Section [Section (C)(2) and Section (3)] b. Make the required finding that the proposed Town Code Amendments are consistent with the General Plan and its Elements c. Move to waive the reading of the Ordinance Matt Morley, Parks and Public Works Director, presented the staff report. 8

9 Public Hearing Item #10 continued Opened Public Comment at 9:37 p.m. Sarah Walker - Commented on the water being turned off on the Ellenwood portion of Bachman park and requested it be turned back on. Sandy Decker - Commented on the plan to turn the water off at the parks. John Shepardson - Commented on the plan to turn the water off at the parks and trying to exceed the minimum 25% reduction while keeping the parks green. Closed Public Comment at 9:43 p.m. Council discussed the matter. Motion by Vice Mayor Barbara Spector to bring back the urgency ordinance at the next meeting in June, and have staff discuss how we are going to affect any reduction of watering in our parks. Seconded by Mayor Marcia Jensen. Motion passed unanimously. Recess taken at 9:54 p.m. Reconvened at 10:10 p.m. 11. North Forty Specific Plan, General Plan Amendment GP , Zoning Code Amendment Z , and Environmental Impact Report EIR Project Location: the plan area comprises approximately 44 acres located at the northern extent of the Town of Los Gatos, bordered by State Route 17 and State Route 85 freeways to the West and North, Los Gatos Boulevard to the east, and Lark Avenue to the south. APN , 010, 024 through 027, 031 through 037, 052 through 054, 060, 063 through 065, 070, 081 through 086, 090, 094 through 096, 099, 100, , 116, and 129. Property Owners: Thomas & Miyoko Yuki, Herbert & Barbara Yuki, ETPH LP, William Mattes, Peter Brutsche, William Fales. William Hirschman, Elizabeth Dodson, Patricia Connell, Hans Mattes, Tak Petroleum, Dewey Ventura, Alexander & Betty Moisenco, Lucy, Dagostino, Robert & Georgianna Spinazze, Marianne Ezell, Los Gatos Medical Office Center, LLC. Applicant: Town of Los Gatos. 9

10 Public Hearing Item #12 continued a. Consider adoption of the North Forty Specific Plan b. Consider adoption of General Plan Amendments c. Consider adoption of an ordinance effecting a zoning code amendment d. Adoption of a Mitigation Monitoring and Reporting Program, and adoption of Findings of Fact and Statement of Overriding Considerations (Continued from 4/14/15) Motion by Vice Mayor Barbara Spector to continue the item to June 16, Seconded by Council Member Steve Leonardis. Motion passed unanimously. 8. Operating and Capital Budgets a. Consider the Town of Los Gatos Proposed Operating and Capital Budget for Fiscal Year 2015/16 b. Consider the Town of Los Gatos Proposed Capital Improvement Program for Fiscal Years c. Provide direction regarding any of the following changes to the Fiscal Year 2015/16 Operating and Capital Budget or the Capital Improvement Program Budget: 1. Transfer of $100,000 in year-end General Fund surplus to the NPDES Fund 2. Transfer of $500,000 from the Town s Vehicle Maintenance Fund to the Town s General Liability ABAG Fund 3. Increase Vehicle Impact Fee revenue in the General Fund Appropriated Reserve (GFAR) by $136, Allocation of one-time additional FY 2014/15 year end General Fund surplus to offset Human Services Grants funding gap of $31, Allocation of additional one-time funding of $1,000 from FY 2014/15 year-end General Fund surplus to fund the Art Docents of Los Gatos 6. Allocation of additional one-time funding of $2,000 from FY 2014/15 year-end General Fund surplus to fund the New Museums of Los Gatos 7. Allocation of additional one-time funding of $5,600 from FY 2014/15 year-end General Fund surplus to fund the Arts and Culture Commission 8. Authorization to assist the Arts and Culture Commission in developing an updated Arts Plan for Council review and consideration and for staff to explore alternative options for ongoing revenue sources for Public Art Funding 10

11 Public Hearing Item #8 continued 9. Authorization to adjust General Fund expenditures and revenues by $164,000 to fund an entry level Officer 10. Allocation of $300,000 in FY 2014/15 year end General Fund surplus to fund restoration of services and/or future salary and benefit augmentations (Continued from 5/19/15) Steve Conway, Finance Director, presented the staff report. Opened Public Comment at 11:01 p.m. Dennis Grist did not come forward when called. Robert Cowan - Commented on the use of asphalt overlay over concrete. Tom Boyce - Commented on the cost of repaving the Almond Grove area and requested Council direct staff to bring back a bare bones cost estimate broken down by neighborhood. John Shepardson - Requested Council obtain a third party review of the costs associated with the Town Police Department verses the Sheriff s department. Angelia Doerner - Commented on the cost of the Almond Grove repaving project. Sujatha Venkatraman, West Valley Community Services - Commented on the services they provide to the Town and the reduction in funding they have been recommended for and requested the Council fund them at the amount they requested. Jak Van Nada - Commented on obtaining a cost comparison between the Police Department and Sheriff s Department. John Mittelstet - Inquired if the Town has considered using the material for repaving that was used on Highway 17 between Lark and Highway 9. Sara Walker - Inquired what the $65,000 that was designated for water conservation was being utilized for. 11

12 Public Hearing Item #8 continued Closed Public Comment at 11:36 p.m. Council discussed the matter. Motion by Vice Mayor Barbara Spector to 1) transfer $100,000 in year-end General Fund surplus to the NPDES Fund; 2) transfer $500,000 from the Town s Vehicle Maintenance Fund to the Town s General Liability ABAG Fund; and 3) increase Vehicle Impact Fee revenue in the General Fund Appropriated Reserve Fund (GFAR) by $136,000. Seconded by Council Member Rob Rennie. Motion passed 4/1. Council Member Steve Leonardis voting no. Motion by Mayor Marcia Jensen to approve the request that is contained in 3.D, on page 2 of the May 19 Staff Report, for the allocation of one time additional Fiscal Year funds from the General Fund surplus to fund the organizations at the amounts indicated under the column labelled FY 2015/16 Requests on page 6 of the Staff Report and have Items 3.E, 3.F,3.G, and 3.H come back at the mid-year budget review and not be approved as one time requests Seconded by Vice Mayor Barbara Spector. Motion withdrawn. Motion by Council Member Rob Rennie to approve Item 3.D on page 2 of the May 19 Staff Report.. Motion failed for lack of a second. Motion by Council Member Marico Sayoc to 1) deny the one-time allocations that are contained in 3.D, 3.E, 3.F, and 3.G on page 2 of the May 19 Staff Report; 2) approve the funding that is the staff recommendation for allocating a total of $90,000 as contained in the chart in column 3 on page 6 of the May 19 Staff Report; and 3) bring the requests for one-time funding back at mid-year budget review. Seconded by Council Member Steve Leonardis. Motion passed 4/1. Council Member Rob Rennie voting no. 12

13 ADJOURNMENT The meeting adjourned at 12:00 a.m. Attest: /s/ Shelley Neis, Clerk Administrator 13