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M10-17-17 110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832 www.losgatosca.gov TOWN OF LOS GATOS COUNCIL AGENDA REPORT MEETING DATE: 10/17/2017 ITEM NO: 2 MINUTES OF THE TOWN COUNCIL MEETING OCTOBER 17, 2017 The Town Council of the Town of Los Gatos conducted a Regular Meeting on Tuesday, October 17, 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 Anna Cummings led the Pledge of Allegiance. The audience was invited to participate. PRESENTATIONS Mayor Sayoc presented a Small Business, Big Applause commendation to Friends of the Library. Alyce Parsons, President; Toni Blackstock, Past President; Georgina Van Horn, Vice President; and Gretchen Bell, Recording Secretary, accepted the commendation on behalf of the Friends and 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. COUNCIL/TOWN MANAGER REPORTS Council Matters - Council Member Steve Leonardis stated he attended the Annual Chamber of Commerce Awards Dinner, Treatment Plant Advisory Committee meeting, West Valley Sanitation District (WVSD) Board of Directors meeting, and chaired the Council Finance Committee meeting. - Council Member Marcia Jensen stated she had nothing to report. - Mayor Marico Sayoc announced several emergency preparedness items that are available: a Life Saving Information for Emergencies brochure prepared by the Fire Department, two apps Ready SCC and Alert SCC, and the Community Emergency Response Term (CERT) leadership academy; she attended a Neighborhood Watch meeting with the Police Department, met with the Los Gatos High School Principal and Superintendent, and attended the Los Gatos Chamber of Commerce Annual Awards Dinner. PAGE 2 OF 10 SUBJECT: MINUTES OF THE TOWN COUNCIL MEETING OF OCTOBER 17, 2017 OCTOBER 18, 2017 Council Matters – continued - Vice Mayor Rob Rennie Stated he attended a LAFCO meeting, a Valley Transportation Authority (VTA) Board meeting observing as an alternate, and the Council Finance Committee; he chaired a special Study Session for SVCEA, participated in an interview panel for the SVCEA CEO, chaired the SVCEA Board of Directors meeting, and attended the VTA Policy Advisory Committee meeting. - Council Member Barbara Spector stated she attended community events organized by the Los Gatos Chamber of Commerce and Irish Writers Festival. Manager Matters - Announced recruitment for Adult Commissioners is ongoing and the deadline to apply is Friday, October 27, 5:00 p.m. CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION) 1. Approve Council Meeting minutes of October 3, 2017. 2. Extend Appointment of Seated Town Lau reate Stan Garber for One Year. 3. Authorize the Town Manager to submit a grant application for a Town-wide Automobile Trip Reduction Initiative in the Caltrans’ Sustain able Communities Grant program. 4. PPW Job No. 813-0231 – Bicycle And Pedestrian Improvement Project a. Approve the prioritization for the Bicycle and Pedestrian Improvement Project. b. Authorize a Revenue and Expenditure Budget Adjustment in the amount of $75,000 from the Traffic Mitigation Fund to conduct a Highway 9 Corridor Study . c. Authorize the Town Manager to award a contract for a Highway 9 Corridor Study in an amount not to exceed $75,000. Item #4 was pulled by a member of the public. MOTION: Motion by Council Member Marcia Jensen to approve Consent Items 1 through 3. Seconded by Vice Mayor Rob Rennie. VOTE: Motion passed unanimously. Pulled Consent Item #4 4. PPW Job No. 813-0231 – Bicycle And Pedestrian Improvement Project a. Approve the prioritization for the Bicycle and Pedestrian Improvement Project. b. Authorize a Revenue and Expenditure Budget Adjustment in the amount of $75,000 from the Traffic Mitigation Fund to conduct a Highway 9 Corridor Study . c. Authorize the Town Manager to award a contract for a Highway 9 Corridor Study in an amount not to exceed $75,000. PAGE 3 OF 10 SUBJECT: MINUTES OF THE TOWN COUNCIL MEETING OF OCTOBER 17, 2017 OCTOBER 18, 2017 Pulled Consent Item #4 – continued Lisa Petersen, Town Engineer, presented the staff report. Opened public comment. Angelia Doerner - Commented on the need for accountability and asked what will be done with the study once it's completed. Gretchen Bell - Commented that some type of traffic control would help at Massol and Hwy 9. Bob Burke - Inquired if the scope of the project includes the section of Hwy 9 from Alberto Way to Los Gatos Blvd. Closed Public Comment. Council discussed the matter. MOTION: Motion by Council Member Marcia Jensen to a) Approve the prioritization for the Bicycle and Pedestrian Improvement Project; b) Authorize a Revenue and Expenditure Budget Adjustment in the amount of $75,000 from the Traffic Mitigation Fund to conduct a Highway 9 Corridor Study and expand the Study to Los Gatos Blvd.; and c) Authorize the Town Manager to award a contract for a Highway 9 Corridor Study in an amount not to exceed $75,000. Seconded by Council Member Barbara Spector. VOTE: Motion passed unanimously. VERBAL COMMUNICATIONS Leslie Sanchez, Admissions Manager of NUMU - Shared upcoming events at the museum. Bob Burke - Commented on potential environmental impacts that could affect neighbors and the Town. Carl Guardino, Silicon Valley Leadership Foundation - Invited all to the 13th Annual Turkey Trot on Thanksgiving Day. PAGE 4 OF 10 SUBJECT: MINUTES OF THE TOWN COUNCIL MEETING OF OCTOBER 17, 2017 OCTOBER 18, 2017 PUBLIC HEARINGS 5. Hillside Development Standards and Guidelines modifications. Project Location: Properties located within the Hillside Overlay. Applicant: Town of Los Gatos . Adopt a resolution to amend Chapter II. (Constraints Analysis and Site Selection) of the Hillside Development Standards and Guidelines regarding Visibility Analysis. (Recommend continuance to 12/5/17) 6. Town Code Amendment Application A-17-002. Project Location: Town Wide. Applicant: Town of Los Gatos. Consider amendments to Chapter 29 (Zoning Regulations) of the Town Code regarding Fences, Hedges, and Walls. (Recommend continuance to 12/5/17) MOTION: Motion by Council Member Marcia Jensen to continue items 5 and 6 to December 5, 2017. Seconded by Vice Mayor Rob Rennie. VOTE: Motion passed unanimously. 7. An ordinance of the Town of Los Gatos amending Los Gatos Municipal Code Chapter 14, Article XII, Section 14.120.010 – 14.120.030 prohibiting the establishment of any form of marijuana commerce, trade or industry, and prohibiting commercial cultivation, processing, and delivery of marijuana. Robert Schultz, Town Attorney, presented the staff report. Opened Public Comment. Bob Burke - Inquired if delivery of marijuana from persons outside of Los Gatos to persons in Los Gatos is prohibited. Closed Public Comment. Council discussed the matter. MOTION: Motion by Council Member Marcia Jensen to introduce and have a first reading of an Ordinance, by title only, amending Section 14.120.010 – 14.120.030 of the Town Code to prohibit the establishment of any form of marijuana commerce, trade or industry, and prohibiting commercial cultivation, processing, and delivery of marijuana (Attachment 1). Seconded by Council Member Steve Leonardis. VOTE: Motion passed unanimously. PAGE 5 OF 10 SUBJECT: MINUTES OF THE TOWN COUNCIL MEETING OF OCTOBER 17, 2017 OCTOBER 18, 2017 Public Hearing Item #7 – continued The Clerk Administrator read the title of the ordinance. 8. 15860-15894 Winchester Boulevard - Architecture and Site Application S-16-023, Subdivision Application M-16-002, and Negative Declaration ND-16-003. Applicant/Appellant: Doug Rich, Valley Oak Partners. Property Owner: South Beach Partners LLC and Cumulus Capital Holdings LLC. Consider an appeal of a Planning Commission decision denying a request to demolish three existing single-family residences, remove a secondary unit, remove large protected trees, and merge four lots for the purposes of constructing a new two-story office building with below grade and at grade parking on property zoned O. No significant environmental impacts have been identified as a result of this project and a Mitigated Negative Declaration is recommended. APNs 529-11-013, -038, -039, and -040. (Continued from August 15, 2017) RESOLUTION 2017-057 Jocelyn Puga, Associate Planner, presented the staff report. Opened Public Comment. Doug Rich, applicant - Commented on the project. Mary Bagatelos - Commented on the traffic impacts. Bob Burke - Commented in opposition of the project. Karen Vincent - Commented on the changes requested by the neighbors. Andrew Spyker - Commented on the changes requested by the neighbors. Georgina Van Horn - Commented on the safety concerns of turning left onto Winchester from the driveway. Shauna Garzee - Commented on the changes requested by the neighbors. PAGE 6 OF 10 SUBJECT: MINUTES OF THE TOWN COUNCIL MEETING OF OCTOBER 17, 2017 OCTOBER 18, 2017 Public Hearing Item #8 – continued Demian Raspall Galli - Commented on the safety concerns of turning left onto Winchester from the driveway. Bryan Carr - Commented on the number of proposed parking places and safety concerns turning left onto Winchester from the driveway. Catherine Somers, Executive Director of Los Gatos Chamber of Commerce - Commented on the lack of Class A office space. John Eichinger - Suggested Council consider putting a moratorium on t wo story buildings. Jennifer Beck - Commented on preserving the quaintness of the community with preservation of the trees, the aesthetics of the proposed project, and the traffic impacts. Angelia Doerner - Commented on the methodologies used for the traffic analysis. John McLaren - Commented in opposition of the project. Bryan Mekechuk - Commented on the size of the project and suggested that it be sent back to Planning Commission and reduced. Doug Rich, applicant - Addressed comments. Closed Public Comment. Recess at 9:50 p.m. Reconvened 10:02 p.m. Council discussed the matter. PAGE 7 OF 10 SUBJECT: MINUTES OF THE TOWN COUNCIL MEETING OF OCTOBER 17, 2017 OCTOBER 18, 2017 Public Hearing Item #8 – continued MOTION: Motion by Council Member Marcia Jensen to grant the appeal based on an error of the Planning Commission in not making any findings as required for the denial, adopt the resolution in Attachment 14, include the Mitigation Measures contained in Attachment 13, include the Conditions of Approval contained in Attachment 17 with the addition of the installation of the view glass that was mentioned with the Alberto Way project on the south side towards the residences, the requirement of clearstory windows on the south side portion, an addition of metal or other material on top of the masonry wall as approved by staff, and in consultation with the Town, the appropriate landscaping and replacement trees. AMENDMENT: add a condition that the building height must meet the maximum height of 35 feet to be evaluated through the building permit application process and pad certification. Seconded by Vice Mayor Rob Rennie. VOTE: Motion failed 1/4. Mayor Marico Sayoc, Vice Mayor Rob Rennie, Council Members Steve Leonardis and Barbara Spector voting no. MOTION: Motion by Council Member Steve Leonardis to remand the project back to the Planning Commission, reduce or lower the north side of the building, and refund the appeal fees. Motion failed for lack of a second. MOTION: Motion by Council Member Barbara Spector to grant the appeal on the basis that the Planning Commission erred in not making a decision, refund the appeal fees, modify the plans to reduce the second floor of the north side so that it does not block the view of the hillside from someone walking or driving north to south on Winchester, eliminate the Winchester driveway, and confirm at staff level that the height levels have been complied with. AMENDMENT: include the dark at night glass, and to have staff examine additional trees at the north. AMENDMENT: Increase the height of the wall to 6 feet and defer to staff on the metal aspect. Seconded by Council Member Steve Leonardis. VOTE: Motion failed 2/3. Mayor Marico Sayoc, Vice Mayor Rob Rennie, and Council Member Marcia Jensen voting no. PAGE 8 OF 10 SUBJECT: MINUTES OF THE TOWN COUNCIL MEETING OF OCTOBER 17, 2017 OCTOBER 18, 2017 Public Hearing Item #8 – continued MOTION: Motion by Council Member Marcia Jensen to grant the appeal on the basis that the Planning Commission erred in not making a decision, refund the appeal fees, modify the plans to reduce the second floor of the north side so that it does not block the view of the hillside from someone walking or driving north to south on Winchester, confirm at staff level that the height levels have been complied with, include the dark at night glass, have staff examine additional trees at the north, and increase the height of the wall to 6 feet and defer to staff on the metal aspect. Seconded by Vice Mayor Rob Rennie. VOTE: Motion passed 4/1. Council Member Barbara Spector voting no. MOTION: Motion by Council Member Marcia Jensen to preserve the view, the square footage on the second floor on the north side should be reduced to the extent required, and not more than the extent required, to preserve the existing view as it is today, taking into account houses, trees, etc. Seconded by Vice Mayor Rob Rennie. VOTE: Motion was withdrawn. Clarification of the prevailing motion: 1) staff to work with the applicant to try and get to the intent of the statement, and work with the consulting architect to look at what can be done, whether it's roof line or whether it's square footage, to try and preserve as much of the view of that existing hillside from that corner; and 2) the motion incorporates the resolution contained in Attachment 14, the Mitigation Measures contained in Attachment 13, and the Conditions of Approval contained in Attachment 17 with the modifications made by Council. 9. Town Code Amendment Application A-17-001. Consider amendments to Chapter 29 (Zoning Regulations) of the Town Code regarding Cellars. Project Location: Town wide. Applicant: Town of Los Gatos. (Continued from September 5, 2017) RESOLUTION 2017-058 Erin Walters, Associate Planner, presented the staff report. Opened Public Comment. Brad McCurdy, Terry Martin Architects - Commented that the design community is in agreement with the Planning Commission’s recommendation to make it part of the Code. PAGE 9 OF 10 SUBJECT: MINUTES OF THE TOWN COUNCIL MEETING OF OCTOBER 17, 2017 OCTOBER 18, 2017 Public Hearing Item #9 – continued Beth Wiersema, Studio 3 Design - Commented in support of the Planning Commission’s recommendation. Tony Jeans - Commented in support of the Planning Commission recommendation. Gary Kohlsaat - Commented in support of the Planning Commission recommendation. Noel Cross - Commented on the rules that affect bulk and mass. Anthony Badame - Commented on the goals of the cellar policy. Louie Lou - Commented in favor of the Planning Commission’s recommendation. Lee Quintana - Commented on the proposed changes. Debora Wagner - Commented against allowing basements and cellars in flatland areas. Angelia Doerner - Commented on the process and inconsistencies of implementing policies and procedures. Closed Public Comment. Council discussed the matter. MOTION: Motion by Mayor Marico Sayoc to extend the meeting until 12:15 a.m. Seconded by Council Member Barbara Spector. VOTE: Motion passed unanimously. PAGE 10 OF 10 SUBJECT: MINUTES OF THE TOWN COUNCIL MEETING OF OCTOBER 17, 2017 OCTOBER 18, 2017 Public Hearing Item #9 – continued MOTION: Motion by Council Member Steve Leonardis to approve the Planning Commission’s recommendation to adopt a resolution (Attachment 8) to rescind Cellar Policy Resolution 2002-167 (Resolution of the Town Council of the Town of Los Gatos Adopting Cellar Policies) and to introduce the proposed Ordinance by title only to amend Chapter 29 (Zoning Regulations) of the Town Code regarding cellars (Attachment 9). Seconded by Mayor Marico Sayoc. VOTE: Motion passed 4/1. Vice Mayor Rob Rennie voting no. The Clerk Administrator read the title of the ordinance. MOTION: Motion by Council Member Barbara Spector to return the issue to the Policy Committee to give consideration to the issues that have been raised, including items such as hillside versus flat land, total square footage, bulk and mass, and the information contained in Dr. Badame’ s presentation. Seconded by Vice Mayor Rob Rennie. VOTE: Motion passed unanimously. OTHER BUSINESS None. ADJOURNMENT The meeting adjourned at 12:07 a.m. Attest: _____________________________________ /s/ Shelley Neis, Clerk Administrator