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M03-21-17 110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832 www.losgatosca.gov TOWN OF LOS GATOS COUNCIL AGENDA REPORT MEETING DATE: 04/04/2017 ITEM NO: 3 MINUTES OF THE TOWN COUNCIL MEETING MARCH 21, 2017 The Town Council of the Town of Los Gatos conducted a Regular Meeting on Tuesday, March 21, 2017, at 7:00 p.m. MEETING CALLED TO ORDER AT 7:00 P.M. ROLL CALL Present: Mayor Marico Sayoc, Vice Mayor Rob Rennie, Council Member Marcia Jensen, Council Member Steve Leonardis, Council Member Barbara Spector. Absent: None PLEDGE OF ALLEGIANCE Members of Girl Scout Troop 60077 led the Pledge of Allegiance. The audience was invited to participate. COMMISSION APPOINTMENTS Appoint applicants for the vacant positions on Town Boards, Commissions, and Committees .  Building Board of Appeals (BOA) o No applications were received.  General Plan Committee (GPC) o Mike Buncic withdrew his application. o Steven Piasecki was appointed  Council Finance Committee (CFC) o Terry Duryea was appointed. o Ashby Monk was appointed. o Rick Tinsley was appointed. PRESENTATIONS Mayor Sayoc presented a Small Business, Big Applause Commendation to Dolce Spazio. Mike Orlando thanked the Town for its 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. PAGE 2 OF 8 SUBJECT: MINUTES OF THE TOWN COUNCIL MEETING OF MARCH 21, 2017 DATE: MARCH 23, 2017 COUNCIL/TOWN MANAGER REPORTS Council Matters - Council Member Steve Leonardis stated he had nothing to report. - Council Member Marcia Jensen stated she and Mayor Sayoc attended the Council Policy Committee meeting, and she met with community members about various issues. - Mayor Marico Sayoc stated she attended the Cities Association meeting, the League of Women Voters Sunshine week and Little League opening day with Vice Mayor Rob Rennie, and she and the Town Manager met with the Los Gatos Chamber of Commerce. - Vice Mayor Rob Rennie stated he presented at the Los Gatos Chamber of Commerce about the Silicon Valley Clean Energy Authority (SVCEA), he chaired the SVCEA board meeting, he attended the Valley Transportation Authority (VTA) Policy Advisory Committee, he was appointed to the Risk Management Oversight Committee for the SCVEA, he attended the Santa Clara County Housing and Community Development Advisory Committee, he stood in for Mayor Sayoc to accept, along with the Youth Commission, an award from the County of Santa Clara for its work on the Town’s smoking ordinance, and he attended the Silicon Valley Housing Trust Investors Conference. - Council Member Barbara Spector stated she had informal meetings with members of the development, business, and residential communities. MOTION: Motion by Vice Mayor Rob Rennie to reconsider and agendize the Alpine Avenue parking program item from the March 7, 2017 Council meeting. Seconded by Council Member Barbara Spector. VOTE: Motion passed 4/1. Council Member Marcia Jensen voting no. Manager Matters - Announced recruitment for Youth Commissioners is underway and the deadline to apply is April 28, with interviews scheduled for May 9. CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION) 1. Approve Council Closed Session minutes of February 28, 2017 2. Approve Joint Town Council and Planning Commission Study Session minutes of February 28, 2017. 3. Approve Council Study Session minutes of March 7, 2017. 4. Approve Council minutes of March 7, 2017. 5. Annual Progress Report for General Plan and Housing Element Implementation. 6. Approve the Resolution adopting the Policy Committee recommendation to modify Section IV of the Traffic Impact Fee Policy specific to credits for vacant property. RESOLUTION 2017-011, POLICY 1-05 PAGE 3 OF 8 SUBJECT: MINUTES OF THE TOWN COUNCIL MEETING OF MARCH 21, 2017 DATE: MARCH 23, 2017 Consent Items – continued 7. Authorize the Town Manager to execute a Fourth Amendment to the Professional Services Agreement with Magellan Behavioral Health, Inc. extending the term of the agreement through August 31, 2017. 8. PPW Job Numbers 16-811-9901 FY 2016/17 Annual Street Repair and Resurfacing Project and 16-811-9903 Pavement Rehabilitation-Crack Seal Project a. Authorize budget adjustment transfer in the amount of $414,000 from the Albright Development Fees General Fund Deposit Account to the GFAR fund – FY 2016/17 Annual Street Repair and Resurfacing Project. b. Approve the plans and specifications for the Pavement Maintenance Program Asphalt Overlay Project and the Slurry Seal Project and authorize the Town Manager to advertise the projects for bid. c. Authorize the Town Manager to award both Pavement Maintenance projects and execute Construction Agreements up to the total budget amount of $2,733,877, including additive alternates as the budget allows and including a 10 percent contingency. 9. PPW Job No. 16-813-9921 - Annual Curb, Gutter, and Sidewalk Maintenance Project a. Approve plans and specifications for the Annual Curb, Gutter, and Sidewalk Maintenance Project and curb ramp installation and authorize the Town Manager to advertise the project for bid. b. Authorize the Town Manager to award and execute a Construction Agreement in an amount not to exceed $447,260, including contingencies and additive alternates. c. Authorize staff to execute future change orders in an amount not to exceed ten percent of the contract award amount. Angelia Doerner pulled Items 8 and 9. MOTION: Motion by Council Member Steve Leonardis to approve Consent Items 1 through 7. Seconded by Vice Mayor Rob Rennie. VOTE: Motion passed unanimously. Pulled consent Item #8 8. PPW Job Numbers 16-811-9901 FY 2016/17 Annual Street Repair and Resurfacing Project and 16-811-9903 Pavement Rehabilitation-Crack Seal Project a. Authorize budget adjustment transfer in the amount of $414,000 from the Albright Development Fees General Fund Deposit Account to the GFAR fund – FY 2016/17 Annual Street Repair and Resurfacing Project. b. Approve the plans and specifications for the Pavement Maintenance Program Asphalt Overlay Project and the Slurry Seal Project and authorize the Town Manager to advertise the projects for bid. PAGE 4 OF 8 SUBJECT: MINUTES OF THE TOWN COUNCIL MEETING OF MARCH 21, 2017 DATE: MARCH 23, 2017 Pulled Consent Item #8 – continued c. Authorize the Town Manager to award both Pavement Maintenance projects and execute Construction Agreements up to the total budget amount of $2,733,877, including additive alternates as the budget allows and including a 10 percent contingency. Lisa Petersen, Town Engineer, presented the staff report. Opened Public Comment. Angelia Doerner - Commented on the QES report validity and cost estimates. Maria Ristow - Commended staff for the proposed striping improvements that allows the Town to move forward with safer areas for biking. Closed Public Comment. Council discussed the matter. MOTION: Motion by Council Member Marcia Jensen to approve the staff recommendations contained in the staff report. Seconded by Council Member Steve Leonardis. VOTE: Motion passed unanimously. Direction to staff: - Provide memo to Council once bidding is complete with the actual bid amount and the amount of the difference from the authorized budget amount, if there is a difference; and confirm if the bid is less than the authorized budget, the balance of the funds will remain in the pavement account. - For future reports, make the budget table more clear. Pulled Consent Item #9 9. PPW Job No. 16-813-9921 - Annual Curb, Gutter, and Sidewalk Maintenance Project a. Approve plans and specifications for the Annual Curb, Gutter, and Sidewalk Maintenance Project and curb ramp installation and authorize the Town Manager to advertise the project for bid. b. Authorize the Town Manager to award and execute a Construction Agreement in an amount not to exceed $447,260, including contingencies and additive alternates. PAGE 5 OF 8 SUBJECT: MINUTES OF THE TOWN COUNCIL MEETING OF MARCH 21, 2017 DATE: MARCH 23, 2017 Consent Item #9 – continued c. Authorize staff to execute future change orders in an amount not to exceed ten percent of the contract award amount. Lisa Petersen, Town Engineer, presented the staff report. Opened Public Comment. Angelia Doerner - Commented on the need to repair sidewalk and curbs, install curb ramps that comply with ADA, and estimate the costs of this work. Closed Public Comment. Council discussed the matter. MOTION: Motion by Council Member Steve Leonardis to approve the staff recommendations contained in the staff report. Seconded by Vice Mayor Rob Rennie. VOTE: Motion passed unanimously. VERBAL COMMUNICATIONS Shannon Susick - Commented on a tree removal on Hilow Road; requested the Town policies and guidelines and be revised for conditional approvals and the appeal process and governing with equality; and suggested the creation of an ad hoc committee for Town and County interface and unification. Vivek Correia - Commented on the PG&E proposal to remove twelve redwood trees at the corner of Winchester Blvd. and Verdes Robles. Genaro Meza Roa - Commented on proposed developments that will impact the view of the mountains. Recess at 9:20 p.m. Reconvened at 9:28 p.m. PAGE 6 OF 8 SUBJECT: MINUTES OF THE TOWN COUNCIL MEETING OF MARCH 21, 2017 DATE: MARCH 23, 2017 OTHER BUSINESS 10. Consider the Policy Committee’s Recommendation to adopt a Policy defining Ancillary Office within a Multi-Use Business and Parking Calculations in the LM Zone. POLICY 1-06 Monica Renn, Economic Vitality Manager, presented the staff report. Opened and closed Public Comment. Council discussed the matter. MOTION: Motion by Council Member Marcia Jensen to approve the Policy Committee’s Recommendation to adopt a Policy defining Ancillary Office within a Multi-Use Business and Parking Calculations in the LM Zone. Seconded by Vice Mayor Rob Rennie. VOTE: Motion passed 3/2. Council Members Steve Leonardis and Barbara Spector voting no. PUBLIC HEARINGS 11. A. Request for refund of demolition fine. 130 Massol Avenue. Property owner: Dieter Schmidt. B. Request for waiver of demolition fine. 205 University Avenue. Property owner: Tami Shoot. Rob Schultz, Town Attorney, presented the staff report. Opened Public Comment. Dieter Schmidt, property owner of 130 Massol Avenue - Commented on the request and the process. Dave Plewa and Tami Shoot, owners of 205 University - Commented on the request and the process. Closed Public Comment. Council discussed the matter. PAGE 7 OF 8 SUBJECT: MINUTES OF THE TOWN COUNCIL MEETING OF MARCH 21, 2017 DATE: MARCH 23, 2017 Public Hearing Item #11 – continued MOTION: Motion by Council Member Steve Leonardis to refund the demolition fine to Dieter Schmidt, 130 Massol Avenue, and remand 205 University Avenue to the Planning Commission for a due process hearing. Motion failed for lack of a second. MOTION: Motion by Council Member Steve Leonardis to refund the demolition fine to Dieter Schmidt, 130 Massol Avenue, and remand 205 University Avenue to the Planning Commission for a due process hearing. Motion failed for lack of a second. MOTION: Motion by Vice Mayor Rob Rennie to deny the request for a demolition fine waiver for 205 University Avenue and refund half of the demolition fine for 130 Massol Avenue. Seconded by Council Member Marcia Jensen. VOTE: Motion passed 3/2. Council Members Steve Leonardis and Barbara Spector voting no. Recess at 10:45 p.m. Reconvened at 10:53 p.m. 12. 15215 Shannon Road - Planned Development Application PD-15-001, Mitigated Negative Declaration ND-15-001. Property Owner/Applicant Fred Shadi. APN 537-25-002. a. Consider adoption of a Mitigated Negative Declaration and adoption of a Mitigation Monitoring and Reporting program. b. Consider a request for a Planned Development to rezone a property pre-zoned HR-5 to HR-2 1/2:PD, to allow for subdivision of one lot into five lots, construction of four new single-family homes, and removal of large protected trees. Jennifer Armer, Associate Planner, presented the staff report. Opened Public Comment. David Wilson and Barton Hechtman, applicant representatives - Commented on the proposed project. Mark Re - Commented in support of the project. PAGE 8 OF 8 SUBJECT: MINUTES OF THE TOWN COUNCIL MEETING OF MARCH 21, 2017 DATE: MARCH 23, 2017 Public Hearing Item #12 – continued David Weissman - Commented in opposition of the project. Josine Smits - Commented in opposition of the project. Lee Quintana - Commented in opposition of the project. David Wilson and Barton Hechtman, applicant representatives - Addressed comments. MOTION: Motion by Vice Mayor Robe Rennie to continue the meeting until close of public comment. Seconded by Council Member Barbara Spector. VOTE: Motion passed 4/1. Council Member Marcia Jensen voting no. Closed Public Comment. Council discussed the matter. MOTION: Motion by Council Member Barbara Spector to continue the matter to a date certain of April 4, 2017. Seconded by Vice Mayor Rob Rennie. VOTE: Motion passed unanimously. ADJOURNMENT The meeting adjourned at 12:07 a.m. Attest: _____________________________________ /s/ Shelley Neis, Clerk Administrator