MINUTES OF THE TOWN COUNCIL MEETING NOVEMBER 1, 2016 Town Council Meeting 11/15/16 Item #1 The Town Council of the Town of Los Gatos conducted a Special Meeting on Tuesday, November 1, 2016, to hold a Closed Session at 6:00 p.m., and a Regular Meeting at 7:00 p.m. CLOSED SESSION 6:00 P.M. PUBLIC EMPLOYEE ANNUAL PERFORMANCE EVALUATION [Government Code Section 54957(b)(1)] Title: Town Attorney CONFERENCE WITH LABOR NEGOTIATOR (Government Code Section 54957.6) Town Negotiator: Lisa Velasco, Human Resources Director Unrepresented Employee: Town Attorney 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 Lucas Raspe led the Pledge of Allegiance. The audience was invited to participate. PRESENTATIONS Mayor Spector presented the Certificate of Achievement for Excellence in Financial Reporting (CAFR) (Fiscal Year Ending: 2015) to Stephen Conway, Director of Finance. Mayor Spector presented a Small Business, Big Applause Commendation to Blvd Coffee. Humberto and Christina Olvera, owners, thanked the Town for their support. 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 Marcia Jensen stated she attended the Santa Clara Valley Water District Board meeting and Policy meeting; along with the Vice Mayor she attended the Council Policy Committee meeting, the Chamber of Commerce Annual Dinner, and the Silicon Valley Brokers breakfast. - Council Member Rob Rennie stated he attended the Cal LAFCO Conference as the voting representative of the Cities Association. - Mayor Barbara Spector stated she attended the General Plan Committee (GPC) along with the Vice Mayor, and she along with Superior Court Judge Phil Pennypacker and Supervisor Mike Wasserman were judges for costumes for dogs at the fundraiser event for Butcher Park. - Vice Mayor Marico Sayoc stated she had nothing additional to report. - Council Member Steve Leonardis stated he had nothing to report. Manager Matters - A series of Almond Grove community meetings is coming up to discuss the Phase II Streets and the potential need to remove some trees. The first meeting is November 2 nd and will be focused on Tait Avenue; the second meeting is November 8 and will be focused on Almendra Avenue; the third meeting is November 10 and will be focused on all the other streets. All meetings are 6:00 to 8:00 p.m. at the Police Operations Building on Los Gatos Blvd. - A Community Meeting is scheduled to discuss the recent water bill rates on November 14 in the Council Chambers at 6:00 p.m. - Applications for adult Commissioners are being accepted and the deadline to apply is November 18, 5:00 p.m. CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION) 1. Approve Council minutes of October 18, 2016. 2. Adopt resolution authorizing the continued use of Supplemental Local Law Enforcement Services funds (SLESF) to provide funding for two (2) full-time Police officers assigned as motorcycle traffic. RESOLUTION 2016-061 3. Townwide Traffic Signal System Upgrade Project. a. Accept a vehicle registration fee grant from the Valley Transportation Authority to upgrade traffic signals Townwide. b. Authorize a budget adjustment in the amount of $500,000 to recognize receipt and use of grant funds. c. Authorize the Town Manager to execute all future grant documents and agreements with VTA. Angelia Doerner pulled Item #3. 2
Consent Items continued Motion by Council Member Steve Leonardis to approve Consent Items 1 and 2. Seconded by Council Member Marcia Jensen. Pulled Consent Item #3 3. Townwide Traffic Signal System Upgrade Project. a. Accept a vehicle registration fee grant from the Valley Transportation Authority to upgrade traffic signals Townwide. b. Authorize a budget adjustment in the amount of $500,000 to recognize receipt and use of grant funds. c. Authorize the Town Manager to execute all future grant documents and agreements with VTA. Matt Morley, Director of Parks and Public Works, presented the staff report. Angelia Doerner - Inquired what the bidding process is and how does a consultant get selected similar to other items; requested that these type of items be put on the consent calendar for Council approval instead of allowing the Manager to approve. Motion by Council Member Marcia Jensen to A) Accept a vehicle registration fee grant from the Valley Transportation Authority (VTA) to upgrade traffic signals Townwide as per discussion; B) Authorize a budget adjustment in the amount of $500,000 to recognize receipt and use of grant funds; and C) Authorize the Town Manager to execute all future grant documents and agreements with VTA with the understanding that when it comes to the point of spending funds it will come back to Council for approval. Seconded by Mayor Barbara Spector. 3
VERBAL COMMUNICATIONS Bonnie Broderick, Santa Clara County Public Health representative - Invited Council to the 2016 Healthy Cities Conference on Friday, November 18, 2016 from 9:30 to 1:00 p.m. at the Tech Museum of Innovation in downtown San Jose. Kim - Commented on the lack of landlines in Town and that the community could possibly add pay phones for emergency purposes, and possibly have some type of event for emergency preparedness. OTHER BUSINESS 4. Receive an update on the Town s Street Pavement Management Program. Lisa Petersen, Town Engineer, presented the staff report. Angelia Doerner - Questioned the validity of the QES report for the PCI and cost per square foot to repair. Direction to staff: When this item comes back to Council, provide a definition of the three types of streets, identify which streets fit under which category, and provide a metric for the decision making process. 5. Receive a report on efforts in Santa Clara County regarding a minimum wage increase and provide direction on next steps. Monice Renn, Economic Vitality Manager, presented the staff report. Patti Rice, The Spa-Los Gatos - Commented on the challenges and costs to implement the changes to small businesses; requested the Town follow the State guidelines and not adopt the Cities Association recommendation. 4
Other Business Item #5 continued Motion by Council Member Steve Leonardis to accept the information in the report but not to take any action at this time, and defer to the State guidelines. Seconded by Council Member Marcia Jensen. PUBLIC HEARINGS 6. Town Code Amendment A-16-001: Introduce an Ordinance repealing and replacing Chapter 6, Building Regulations, and Chapter 9, Fire Prevention and Protection, of the Town of Los Gatos Municipal Code by adopting the new 2016 California Building and Fire Codes, as amended. Joel Paulson, Director of Community Development, presented the staff report. Opened and closed Public Comment. Motion by Council Member Marcia Jensen to introduce the Ordinance effecting the Amendments of Town Code Amendment A-16-001 and make the required findings that the amendments are consistent with the General Plan and its elements and that the Amendments are exempt from the California Environmental Quality Act [Section 15061 (D)(3)]; and waive the reading of the Ordinance and direct the Clerk Administrator to read the title of the proposed Ordinance. Seconded by Council Member Steve Leonardis. The Clerk Administrator read the title of the Ordinance. 7. Adopt a resolution approving the Town s Long Term Debt Policy, and adopt a resolution approving the Town s Investment Policy. RESOLUTIONS 2016-062 and 2016-063 and POLICIES 4-01 and 4-02 Steve Conway, Director Finance, presented the staff report. 5
Public Hearing Item #7 continued Jak Van Nada - Commented on ideas to develop the depth and dimension of addressing the unfunded pension liabilities and potential debt. Motion by Council Member Marcia Jensen to adopt the resolution approving the Long Term Debt Policy contained in Attachment 5, and the resolution approving the Investment Policy contained in Attachment 4. Seconded by Council Member Steve Leonardis. 8. Adopt an Ordinance of the Town Council of the Town of Los Gatos amending Town Code Chapter 14 Article XI. - Massage Therapy Establishments and Massage Therapy. (continued from October 18, 2016) Robert Schultz, Town Attorney, presented the staff report. Patti Rice, The Spa-Los Gatos - Requested that current employees be granted additional time to obtain the required 500 hours. Motion by Council Member Steve Leonardis to introduce the Ordinance amending Town Code Chapter 14 Article XI. - Massage Therapy Establishments and Massage Therapy, waive the reading of the Ordinance, and direct the Clerk Administrator to read the title of the proposed Ordinance. Seconded by Mayor Barbara Spector. The Clerk Administrator read the title of the Ordinance. 6
Public Hearing Item #9 continued Mayor Barbara Spector and Vice Mayor Sayoc recused themselves from Item #9 due to proximity. Council Member Steve Leonardis assumed Chair for the remaining item. Recess at 8:57 p.m. Reconvened at 9:02 p.m. 9. Conditional Use Permit Application U-16-004. Project Location: 50 University Avenue, Suite 180. Property Owner: SRI Old Town LLC. Applicant: Steve Hauck, Wine Cellar. Consider a request to modify an existing conditional use permit for a restaurant (Wine Cellar) to allow for an increase of 60 additional seats, to modify the distribution of existing seating, and to allow indoor entertainment before 10:00 p.m. on property zoned C-2:LHP:PD. APN 529-02- 044. RESOLUTION 2016-064 Jocelyn Puga, Associate Planner, presented the staff report. Steve Hauck and Lisa Hauck, applicants, commented on the project. Paul Matlich - Expressed concern on the increase of seating and lack of parking. Steve Hauck, applicant - Addressed comments. Motion by Council Member Marcia Jensen to accept the Planning Commission s recommendation to approve the Conditional Use Permit (CUP) application with modified conditions for a restaurant (Wine Cellar) to allow for an increase of 60 additional seats, modify the distribution of existing seating, allow indoor entertainment before 10:00 p.m. in conformance with the new Entertainment Policy, and it come back in six months for an administrative review by staff to determine that it is working as it is intended. Seconded by Council Member Rob Rennie. 7
ADJOURNMENT The meeting adjourned at 9:17 p.m. Attest: /s/ Shelley Neis, Clerk Administrator 8