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Council Meeting

Regular Meeting

Los Gatos, CA · September 17, 2019

AgendaPacketMinutes

Minutes

TOWN OF LOS GATOS MEETING DATE: 10/01/2019 COUNCIL AGENDA REPORT Minutes of the Town Council Meeting September 17, 2019 The Town Council of the Town of Los Gatos conducted a Regular Meeting on Tuesday, September 17, 2019, at 7:00 p.m. MEETING CALLED TO ORDER AT 7:00 P.M. ROLL CALL Present: Mayor Steven Leonardis, Vice Mayor Marcia Jensen, Council Member Rob Rennie, Council Member Marico Sayoc, Council Member Barbara Spector. Absent: None PLEDGE OF ALLEGIANCE Diane Goldberg with the Kiwanis Club of Los Gatos led the Pledge of Allegiance. The audience was invited to participate. PRESENTATIONS Mayor Leonardis presented a Small Business, Big Applause commendation to Los Gatos Cafe. Sheila Reno and Tina Morcate 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. CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION) 1. Approve Council meeting minutes of September 3, 2019. 2. Adopt a Resolution approving amended Tract Map 10441 (North 40 Phase 1) and accept the dedications. RESOLUTION 2019-049 3. Authorize the Town Manager to execute an agreement for services with JLP Building Maintenance to provide custodial services effective October 1, 2019 through June 30, 2024, including a five percent contingency for special or unforeseen cleanings for a total amount not to exceed $165,640 in Fiscal Year 2019/20 and $220,853 annually thereafter and a total agreement amount not to exceed $1,049,052. 4. Authorize the Town Manager to execute a Certificate of Acceptance and Notice of Completion for the work of Mercoza Engineering and authorized recording by the Town Clerk for PPW Job No. 18-813-9921 Annual Curb, Gutter, and Sidewalk Maintenance Project. 110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832 www.losgatosca.gov PAGE 2 OF 5 SUBJECT: Minutes of the Town Council Meeting of September 17, 2019 DATE: September 18, 2019 5. Authorize the Town Manager to execute a first amendment to the agreement for services with Pro-Sweep effective October 1, 2019 through June 30, 2024 for an additional not to exceed amount of $292.50 per month plus annual Consumer Price Index Adjustments for additional street sweeping services. 6. Adopt performance metrics for the School Bus Pilot Program and authorized the Town Manager to issue a request for qualifications for outsourcing operations oversight and customer service functions. 7. Adopt an ordinance of the Town of Los Gatos amending Chapter 2, Article II, Section 2.20.035, Election of Mayor and Vice-Mayor. ORDINANCE 2289 MOTION: Motion by Vice Mayor Jensen to approve the Consent Items. Seconded by Council Member Renne. VOTE: Motion passed unanimously. VERBAL COMMUNICATIONS Dale Miller - Thanked Town staff for addressing their concerns on Newell Avenue and Newell Court. PUBLIC HEARINGS 8. Town Code Amendment Application A-19-006. Project Location: Town Wide. Applicant: Town of Los Gatos. Consider amendments to Chapter 29 (Zoning Regulations) of the Town Code regarding Parking Assessment District regulations. Jocelyn Shoopman, Associate Planner, presented the staff report. Opened Public Comment. Closed Public Comment. Council discussed the matter. MOTION: Motion by Vice Mayor Jensen to introduce an ordinance, by title only, to amend Chapter 29 (Zoning Regulations) of the Town Code regarding Parking Assessment District regulations. Seconded by Council Member Sayoc. VOTE: Motion passed unanimously. The Deputy Clerk read the title of the ordinance. PAGE 3 OF 5 SUBJECT: Minutes of the Town Council Meeting of September 17, 2019 DATE: September 18, 2019 9. Town Code Amendment Application A-19-004. Project Location: Town Wide. Applicant: Town of Los Gatos. Consider amendments to Chapter 29 (Zoning Regulations) of the Town Code regarding parking lot improvement regulations. Jocelyn Shoopman, Associate Planner, presented the staff report. Opened Public Comment. Closed Public Comment. Council discussed the matter. MOTION: Motion by Vice Mayor Jensen to introduce an ordinance, by title only, to amend Chapter 29 (Zoning Regulations) of the Town Code regarding parking lot improvement regulations. Seconded by Council Member Sayoc. VOTE: Motion passed unanimously. The Deputy Clerk read the title of the ordinance. 10. Town Code Amendment Application A-19-005. Project Location: Town Wide. Applicant: Town of Los Gatos. Consider amendments to Chapter 29 (Zoning Regulations) of the Town Code regarding valet parking regulations. Jocelyn Shoopman, Associate Planner, presented the staff report. Opened Public Comment. Closed Public Comment. Council discussed the matter. MOTION: Motion by Vice Mayor Jensen to introduce an ordinance, by title only, to amend Chapter 29 (Zoning Regulations) of the Town Code regarding valet parking regulations. Seconded by Council Member Sayoc. VOTE: Motion passed unanimously. The Deputy Clerk read the title of the ordinance. PAGE 4 OF 5 SUBJECT: Minutes of the Town Council Meeting of September 17, 2019 DATE: September 18, 2019 OTHER BUSINESS 11. Consider Pension Plan IRS Section 115 Trust Options, terminate the PARS Agreement, and direct staff to return to Council with an agreement to initiate a California Employers’ Pension Prefunding Trust (CEPPT). Arn Andrews, Assistant Town Manager, presented the staff report. Opened Public Comment. Closed Public Comment. Council discussed the matter. MOTION: Motion by Vice Mayor Jensen to terminate the PARS agreement consistent with the Town Pension and OPEB Trusts Oversight Committee recommendation directed staff to return to Council with an agreement to initiate a California Employers’ Pension Prefunding Trust (CEPPT). Seconded by Council Member Spector. VOTE: Motion passed unanimously. COUNCIL/TOWN MANAGER REPORTS Council Matters - Council Member Sayoc reported that the Silicon Valley Clean Energy approved their EV infrastructure plan; Cities Associations met and discussed RHNA allocations; and reported that the League of Cities is partnering with the League of Women Voters to host a candidate forum on September 25 for the 13th Senate District seat on September 25. - Council Member Spector stated she attended the West Valley Clean Water Authority meeting and anticipates discussion regarding increasing garbage collection rates. - Mayor Leonardis stated he attended the West Valley Sanitation District Board of Directors meeting; Treatment Plan Advisory Committee meeting; Shaded Field Break Kick-Off event; and an event on vaping. - Vice Mayor Jensen had nothing to report. - Council Member Rennie stated he attended the Valley Transportation Authority and Los Gatos Chamber of Commerce Service Providers meetings. Manager Matters - Announced the Arts and Culture Commission meeting on September 18 at 4:00 p.m.; Screen on the Green event on September 20; and Adult Commissioner applications are being accepted. PAGE 5 OF 5 SUBJECT: Minutes of the Town Council Meeting of September 17, 2019 DATE: September 18, 2019 OTHER BUSINESS (continued) 12. Discussion and direction on Mills Act Ordinance and Implementation Program Preparation. Robert Schultz, Town Attorney, presented the staff report. Opened Public Comment. The following people spoke in support of creating a Mills Act Ordinance and preparing an Implementation Program: Jeff Siegel, George Walls, Stuart Huizinga, Paul Fulton, Bob Braham, Vicki Huizinga, Catherine Somers, and Maureen Cappon-Javey. Closed Public Comment. Council discussed the matter. MOTION: Motion by Mayor Leonardis to consider drafting a future Mills Act Ordinance. The motion failed for lack of a second. MOTION: Motion by Mayor Leonardis to continue this item to a future Council meeting and directed staff to start conversations with partner agencies and provide examples of Mills Act Ordinances from surrounding jurisdictions. Seconded by Council Member Sayoc. VOTE: Motion passed 2/1. Vice Mayor Jensen voting no. ADJOURNMENT The meeting adjourned at Attest: /s/ Michelle Radcliffe, Deputy Clerk

Agenda

TOWN OF LOS GATOS COUNCIL MEETING AGENDA SEPTEMBER 17, 2019 110 EAST MAIN STREET LOS GATOS, CA Steve Leonardis, Mayor Marcia Jensen, Vice Mayor Rob Rennie, Council Member Marico Sayoc, Council Member PARTICIPATION IN THE PUBLIC PROCESS Barbara Spector, Council Member How to participate: 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. Effective Proceedings: The purpose of the Town Council meeting is to conduct the business of the community in an effective and efficient manner. 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. This is done by following meeting guidelines set forth in State law and in the Town Code. Disruptive conduct is not tolerated, including but not limited to: addressing the Town Council without first being recognized; interrupting speakers, Town Council or 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. Deadlines for Public Comment and Presentations are as follows:  Persons wishing to make an audio/visual presentation on any agenda item must submit the presentation electronically, either in person or via email, to the Clerk’s Office no later than 3:00 p.m. on the day of the Council meeting.  Persons wishing to submit written comments to be included in the materials provided to Town Council must provide the comments as follows: o For inclusion in the regular packet: by 11:00 a.m. the Thursday before the Council meeting o For inclusion in any Addendum: by 11:00 a.m. the Monday before the Council meeting o For inclusion in any Desk Item: by 11:00 a.m. on the day of the Council Meeting Town Council Meetings Broadcast Live on KCAT, Channel 15 (on Comcast) on the 1st and 3rd Tuesdays at 7:00 p.m. Rebroadcast of Town Council Meetings on the 2nd and 4th 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 COUNCIL MEETING AGENDA SEPTEMBER 17, 2019 7:00 PM MEETING CALLED TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE i. Community Pledge Leader - Diane Goldberg, Kiwanis Club of Los Gatos PRESENTATIONS ii. Small Business, Big Applause - Los Gatos Cafe CLOSED SESSION REPORT CONSENT ITEMS (Items appearing on the Consent Items are considered routine and may be approved by one motion. Any member of the Council or public may request to have an item removed from the Consent Items for comment and action. If an item is pulled, the Mayor has the sole discretion to determine when the item will be hear. Unless there are separate discussions and/or actions requested by Council, staff, or a member of the public, it is requested that items under the Consent Items be acted on simultaneously.) 1. Approve Council meeting minutes of September 3, 2019. 2. Adopt a Resolution Approving Amended Tract Map 10441 (North 40 Phase 1) and Accepting the Dedications. 3. Authorize the Town Manager to Execute an Agreement for Services with JLP Building Maintenance to Provide Custodial Services Effective October 1, 2019 Through June 30, 2024, Including a Five Percent Contingency for Special or Unforeseen Cleanings for a Total Amount Not to Exceed $165,640 in Fiscal Year 2019/20, and $220,853 Annually Thereafter and a Total Agreement Amount Not to Exceed $1,049,052. 4. Authorize the Town Manager to Execute a Certificate of Acceptance and Notice of Completion for the Work of Mercoza Engineering and Authorize Recording by the Town Clerk for PPW Job No. 18-813-9921 Annual Curb, Gutter, and Sidewalk Maintenance Project. 5. Authorize the Town Manager to Execute a First Amendment to the Agreement for Services with Pro-Sweep Effective October 1, 2019 Through June 30, 2024 for an Additional Not to Exceed Amount of $292.50 per Month Plus Annual Consumer Price Index Adjustments for Additional Street Sweeping Services. 6. Adopt Performance Metrics for the School Bus Pilot Program and Authorize the Town Manager to Issue a Request for Qualifications for Outsourcing Operations Oversight and Customer Service Functions. 7. Adopt an Ordinance of the Town of Los Gatos Amending Chapter 2, Article II, Section 2.20.035, Election of Mayor and Vice-Mayor. Page 2 VERBAL COMMUNICATIONS (Members of the public are welcome to address the Town Council on any matter that is not listed on the agenda. To ensure all agenda items are heard and unless additional time is authorized by the Mayor, this portion of the agenda is limited to 30 minutes and no more than three (3) minutes per speaker. In the event additional speakers were not able to be heard during the initial Verbal Communications portion of the agenda, an additional Verbal Communications will be opened prior to adjournment.) 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.) 8. Town Code Amendment Application A-19-006. Project Location: Town Wide. Applicant: Town of Los Gatos. Consider amendments to Chapter 29 (Zoning Regulations) of the Town Code regarding Parking Assessment District regulations. 9. Town Code Amendment Application A-19-004. Project Location: Town Wide. Applicant: Town of Los Gatos. Consider amendments to Chapter 29 (Zoning Regulations) of the Town Code regarding parking lot improvement regulations. 10. Town Code Amendment Application A-19-005. Project Location: Town Wide. Applicant: Town of Los Gatos. Consider amendments to Chapter 29 (Zoning Regulations) of the Town Code regarding valet parking regulations. OTHER BUSINESS (Up to three minutes may be allotted to each speaker on any of the following items.) 11. Consider Pension Plan IRS Section 115 Trust Options, Terminate the PARS Agreement, and Direct Staff to Return to Council with an Agreement to Initiate a California Employers’ Pension Prefunding Trust (CEPPT). 12. Discussion and Direction on Mills Act Ordinance and Implementation Program Preparation. COUNCIL / MANAGER MATTERS ADJOURNMENT (Council policy is to adjourn no later than midnight unless a majority of Council votes for an extension of time) 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 3

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