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M05-01-18 110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832 www.losgatosca.gov TOWN OF LOS GATOS COUNCIL AGENDA REPORT MEETING DATE: 05/15/2018 ITEM NO: 2 MINUTES OF THE TOWN COUNCIL MEETING MAY 1, 2018 The Town Council of the Town of Los Gatos conducte d a Regular Meeting on Tuesday, May 1, 2018, at 7:00 p.m. MEETING CALLED TO ORDER AT 7:00 P.M. ROLL CALL Present: Mayor Rob Rennie, Vice Mayor Steve Leonardis, Council Member Marcia Jensen, Council Member Marico Sayoc, Council Member Barbara Spector. Absent: None PLEDGE OF ALLEGIANCE Saya Alvares led the Pledge of Allegiance. The audience was invited to participate. PRESENTATIONS Mayor Rennie presented a proclamation for National Public Works Week to Matt Morley, Director of Parks and Public Works. Mayor Rennie presented a proclamation for Municipal Clerks Week to Shelley Neis, Town Clerk Administrator and Shannon Lombardo, Deputy Clerk. COMMISSION APPOINTMENTS Council appointed applicants to the vacant positions on Town Boards, Commissions, and Committees. Council directed the Town Clerk Administrator to re-advertise the Community and Senior Services Commission vacancies with the recruitment for the General Plan Advisory Committee.  Bicycle and Pedestrian Advisory Commission (BPAC) o No appointments were made, applicant did not interview.  Community and Senior Services Commission (CSSC) o No applications were received.  Library Board (LIB) o Sabiha Chunawala was appointed. o Trish Goldfarb was appointed. PAGE 2 OF 9 SUBJECT: MINUTES OF THE TOWN COUNCIL MEETING OF MAY 1, 2018 MAY 2, 2018 Commission Appointments – continued  Parks Commission (Parks) o Chris Mullen was appointed.  Personnel Board o No applications were received.  Transportation and Parking Commission (T&P) o Megan Crummett was appointed. COUNCIL/TOWN MANAGER REPORTS Council Matters - Council Member Barbara Spector stated she attended meetings with the residential, business, and development communities. - Council Member Marico Sayoc stated she attended community meetings, Spring Into Green, and the League of California Cities fundraiser. - Mayor Rob Rennie stated he attended meetings with the community, the Council Policy Committee, the Valley Transportation Authority (VTA) Congestion Management Subcommittee, and West Valley Mayors and Managers meetings; he spoke at the Lighting for Literacy event and at the Bear Creek Redwoods Groundbreaking Ceremony; and he attended the Arbor Day planting. - Vice Mayor Steve Leonardis stated he attended Spring Into Green and various community group meetings. - Council Member Marcia Jensen stated she attended the Council Policy Committee meeting and several meetings with community members. Manager Matters - Announced that applications for the Youth Commission are due Friday, May 4, 5:00 p.m. OUR TOWN… Ryan Baker, Library Director - Presented information on historical archives at the Town Library. CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION) 1. Approve Closed Session minutes of April 17, 2018. 2. Approve Council minutes of April 17, 2018. 3. Authorize the Town Manager to execute a fourth amendment to the professional services agreement with Innovative Claims Solutions, Inc. to extend the contract for two months to perform workers compensation claims administration. PAGE 3 OF 9 SUBJECT: MINUTES OF THE TOWN COUNCIL MEETING OF MAY 1, 2018 MAY 2, 2018 Consent Items – continued 4. Authorize the Town Manager to amend an agreement for employee safety compliance and training consultant services with BSI EHS Services and Solutions (West) Inc., in an amount not to exceed $115,600. 5. Adopt a resolution declaring hazardous vegetation (brush) a public nuisance, providing for abatement, and setting June 19, 2018 as a public hearing on any proposed hazardous vegetation (brush) abatement. RESOLUTION 2018-017 6. Adopt a resolution authorizing the Town Manager to file an application for 2018/19 Metropolitan Transportation Commission (MTC) Transportation Development Act (TDA) Article 3 funds in the amount of $52,995 to fund a portion of the Conceptual Engineering Phase for the Nino Avenue or Blossom Hill Road Bicycle and Pedestrian Bridge over Highway 17. RESOLUTION 2018-018 7. Authorize a budget adjustment transfer in the amount of $50,000 from the Below Market Price (BMP) Housing In-Lieu Fee Fund the BMP Housing Program in the General Fund to cover the additional services required by Hello Housing. 8. Landscape & Lighting Assessment Districts 1 & 2 A. Adopt a Resolution approving the Engineer’s Report for FY 2018/19. RESOLUTION 2018- 019 B. Adopt a Resolution of intention to order the levy and collection of assessments for Landscape and Lighting District No. 1-Blackwell Drive Benefit Zone. RESOLUTION 2018- 020 C. Adopt a Resolution of intention to order the levy and collection of assessments for Landscape and Lighting District No. 1-Kennedy Meadows Benefit Zone. RESOLUTION 2018-021 D. Adopt a Resolution of intention to order the levy and collection of assessments for Landscape and Lighting District No. 1-Santa Rosa Heights Benefit Zone. RESOLUTION 2018-022 E. Adopt a Resolution of intention to order the levy and collection of assessments for Landscape and Lighting District No. 1-Vasona Heights Benefit Zone. RESOLUTION 2018- 023 F. Adopt a Resolution of intention to order the levy and collection of assessments for Landscape and Lighting District No. 1-Hillbrook Drive Benefit Zone. RESOLUTION 2018- 024 G. Adopt a Resolution of intention to order the levy and collection of assessments for Landscape and Lighting District No. 2-Gemini Court Benefit Zone. RESOLUTION 2018- 025 H. Set June 19, 2018 as the date for the public protest hearing for the assessments. 9. Town Code Amendment Application A-17-006. Project Location: Town Wide. Applicant: Town of Los Gatos. Adopt an Ordinance amending Chapter 29 (Zoning Regulations) of the Town Code regarding Planned Development Ordinances and the Conditional Use Permit Table. ORDINANCE 2273 PAGE 4 OF 9 SUBJECT: MINUTES OF THE TOWN COUNCIL MEETING OF MAY 1, 2018 MAY 2, 2018 Consent Items – continued 10. Approve the West Valley Clean Water Program fiscal year 2018/19 budget. 11. Authorize the Town Manager to execute agreements with the County of Santa Clara for: A. Countywide Household Hazardous Waste Collection Program; and B. AB939 Implementation Fee Collection and Distribution. MOTION: Motion by Council Member Marcia Jensen to approve Consent Items 1 through 11. Seconded by Council Member Marico Sayoc. VOTE: Motion passed unanimously for items 1 through 8, 10 and 11. Council Member Barbara Spector voting no on Item #9 VERBAL COMMUNICATIONS Jak Van Nada - Commented on the pension debt and proposed the Town do an immediate review of the vesting period. Andrew Spyker - Commented on the status of the office complex development on Winchester Blvd. Jen Cramer - Commented on the safety of pedestrians walking during school commute times. Maria Ristow - Announced May 10 is Bike to Work Day and May 9 is Bike to School Day, and encouraged participation. PUBLIC HEARINGS 12. Architecture and Site Application S-15-056. Conditional Use Permit Application U-15-009 and Environmental Impact Report EIR-16-001. Project Location: 401-409 Alberto Way. Property Owner: CWA Realty. Applicant/Appellant: LP Acquisitions, LLC. Consider an appeal of a Planning Commission decision denying a request to demolish three existing office buildings and construct a new, two-story office building with underground parking on property zoned CH. APN 529-23-018. RESOLUTION 2018-026 Jennifer Armer, Senior Planner, presented the staff report. Council discussed the matter. MOTION: Motion by Vice Mayor Steve Leonardis to move forward with designing a 67,000 square foot building. Motion failed for lack of a second. PAGE 5 OF 9 SUBJECT: MINUTES OF THE TOWN COUNCIL MEETING OF MAY 1, 2018 MAY 2, 2018 Public Hearing Item #12 – continued MOTION: Motion by Council Member Barbara Spector to approve the project pursuant to Attachment 33 contained in the staff report, and based on new information with the following modifications: that any trees that are included in this project shall not interfere with the views of the hillsides from the east side of the sidewalk on Alberto Way; to change construction hours to 8:00 a.m. to 6:00 p.m. Monday through Friday (conditions 118 and 119); that the building be no larger than 69,000 square feet as measured from the north boundary line; and the setback shall be 75 feet as measured from the north boundary line. Seconded by Council Member Marcia Jensen. VOTE: Motion passed 4/1. Vice Mayor Steve Leonardis voting no. MOTION: Motion by Council Member Marcia Jensen to certify the EIR and incorporate the findings contained in Exhibit A of the adopted resolution. Seconded by Mayor Rob Rennie. VOTE: Motion passed 4/1. Vice Mayor Steve Leonardis voting no. OTHER BUSINESS 13. Review supplemental information from Support Teacher Housing and Habitat for Humanity for Below Market Price (BMP) housing at 20 Dittos Lane and direct the Town Manager to enter into an Exclusive Negotiating Agreement (ENA) with one of the parties. Arn Andrews, Assistant Town Manager, presented the staff report. Opened Public Comment. Stephanie Young - Commented in support of affordable housing. Lisa Tulee - Commented in support of the Habitat for Humanity proposed project. Lorrie Wernick - Commented in support of teacher housing. Iqbal Chadda - Commented in support of teacher housing. PAGE 6 OF 9 SUBJECT: MINUTES OF THE TOWN COUNCIL MEETING OF MAY 1, 2018 MAY 2, 2018 Other Business Item #13 – continued Teresa Bonner - Commented in support of teacher housing. Dianna Hill, Los Gatos Elementary Teachers Association President - Commented in support of teacher housing. Heather Ishak - Commented in support of teacher housing. James Beebe - Commented in support of the Habitat for Humanity project. David Bowman - Commented in support of the Habitat for Humanity project. Rob Simonds, Habitat for Humanity representative - Commented on their proposal. Kathy Spenhoff, Habitat for Humanity - Commented in support of the Habitat for Humanity project. David McCreath - Commented in support of Habitat for Humanity project. Sarah Chaffin, Support Teacher Housing - Commented on her proposal. Lee Quintana - Commented on the proposed projects. Maria Ristow - Commented on the proposed projects. Closed Public Comment. Council discussed the matter. PAGE 7 OF 9 SUBJECT: MINUTES OF THE TOWN COUNCIL MEETING OF MAY 1, 2018 MAY 2, 2018 Other Business Item #13 – continued MOTION: Motion by Vice Mayor Steve Leonardis to move forward with an Exclusive Negotiating Agreement (ENA) with Support Teacher Housing. Seconded by Council Member Marcia Jensen. VOTE: Motion passed unanimously. Recess at 8:58 p.m. Reconvene at 9:10 p.m. PUBLIC HEARINGS 14. General Plan Amendment GP-12-001, Williamson Act Contract WA-11 Cancellation, Planned Development Application PD-10-006, and Environmental Impact Report EIR-12-001. Project Location: Twin Oaks Drive. Applicant/Property Owner: Tom Dodge, Surrey Farm Estates, LLC. A. Consider certification of an Environmental Impact Report and adoption of a Mitigation Monitoring and Reporting Program. B. Consider certification of Williamson Act Cancellation Fee. C. Consider a request for General Plan amendment from agriculture to hillside residential, cancellation of the existing Williamson Act Contract, and a planned development to rezone property from RC to HR-1:PD to allow for subdivision of one lot into 10 lots, construction of 10 new single-family residences and removal of large protected trees. APN 532-16-006. Jennifer Armer, Senior Planner, presented the staff report. Opened Public Comment. Roger Griffin, applicant representative - Commented on the project. Marsha Witkin - Commented in opposition of the project. Bill Meleyco - Commented in opposition of the project. Craig Fordyce - Commented in opposition of the project. PAGE 8 OF 9 SUBJECT: MINUTES OF THE TOWN COUNCIL MEETING OF MAY 1, 2018 MAY 2, 2018 Public Hearing Item #14 – continued Jenny Fordyce - Commented in opposition of the project. Marc Murano - Commented in opposition of the project. Jack Fordyce - Commented in opposition of the project. Jill Fordyce - Commented in opposition of the project. Dave Greenheld - Commented in opposition of the project. Bob Steinboch - Commented in opposition of the project. Kathleen Leclair - Commented in opposition of the project. Cindy Shanker - Commented in opposition of the project. Ann Hosein - Commented in opposition of the project. Mark Weiner - Commented in opposition of the project. George Montanara - Commented in opposition of the project. Chris Bajorer - Commented in opposition of the project. Roger Griffin and Jolie Houston, applicant representatives - Addressed comments. Closed Public Comment. PAGE 9 OF 9 SUBJECT: MINUTES OF THE TOWN COUNCIL MEETING OF MAY 1, 2018 MAY 2, 2018 Public Hearing Item #14 – continued Council discussed the matter. MOTION: Motion by Vice Mayor Steve Leonardis to deny the applications based on Government Code Section 51282(3) that the cancellation is for an alternative use which is inconsistent with the current RC zone, the Town is not willing to change the RC designation or General Plan designation at this time, and wants the Williamson Act contract to go through its period of time. Seconded by Council Member Barbara Spector. VOTE: Motion passed unanimously. ADJOURNMENT The meeting adjourned at 11:05 p.m. Attest: _____________________________________ /s/ Shelley Neis, Town Clerk Administrator