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M12-05-17 110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832 www.losgatosca.gov TOWN OF LOS GATOS COUNCIL AGENDA REPORT MEETING DATE: 12/19/2017 ITEM NO: 2 MINUTES OF THE TOWN COUNCIL MEETING DECEMBER 5, 2017 The Town Council of the Town of Los Gatos conducted a Regular Meeting on Tuesday, December 5, 2017, 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 Brandon Ha led the Pledge of Allegiance. The audience was invited to participate. 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 Barbara Spector stated she attended the tree lighting and Holiday Parade, and met with community members. - Council Member Marico Sayoc stated she attended the tree lighting and Holiday Parade. - Mayor Rob Rennie provided an update on Silicon Valley Clean Energy Authority (SVCEA). - Vice Mayor Steve Leonardis stated he attended the Council Finance Committee meeting with the Mayor and he attended the tree lighting and Holiday Parade. - Council Member Marcia Jensen stated she attended the tree lighting and Holiday Parade. Manager Matters - Encouraged everyone to shop local this holiday season and announced that information on free valet parking is available on the Town website. CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION) 1. Approve Closed Session Meeting minutes of November 14, 2017. 2. Approve Council Special Meeting minutes of November 14, 2017. 3. Approve Council minutes of November 21, 2017. 4. Reaffirmation of the Los Gatos Town Council Code of Conduct Policy. 5. Creation of Pooled Liability Assurance Network Joint Powers Authority (Plan JPA). PAGE 2 OF 11 SUBJECT: MINUTES OF THE TOWN COUNCIL MEETING OF DECEMBER 5, 2017 DATE: DECEMBER 6, 2017 Consent Items – continued 6. Accept Fiscal Year (FY) 2016/17 Status Report on Receipt and Use of Development Impact Fees. 7. Approve proposed Town Poet Laureate Selection Policy. POLICY 2-06 8. Authorize the Town Manager to purchase four replacement police patrol vehicles from Folsom Lake Ford in an amount not to exceed $125,193 MOTION: Motion by Council Member Barbara Spector to approve the Consent Items. Seconded by Vice Mayor Steve Leonardis. VOTE: Motion passed unanimously. VERBAL COMMUNICATIONS Bess Wiersema, Studio 3 Design, Inc. - Requested items 13, 14, and 16 on the agenda be continued to a later date so the professional design community can provide input. Noel Cross - Inquired why the design community was not invited to participate in the process for the Hillside Development Standards and Guideline changes. Angelia Doerner - Commented on the traffic safety at Hwy 9 and Massol. Brad McCurdy - Commented on the order and number of items on Town Council agendas. PUBLIC HEARINGS 9. Conditional Use Permit Application U-16-005. Project Location 140 S. Santa Cruz Avenue. Property Owner: Michael Mohr - COO Metwest Properties, LLC. Application: LG Hotel LLC D.B.A. Toll House. (Continued from November 7, 2017) Compliance review for Conditional Use Permit modification U-16-005, allowing entertainment before 10:00 p.m. on property zoned C-2:PD. APNs 510-45-064 and -065. Sally Zarnowitz, Planning Manager, presented the staff report. Opened Public Comment. PAGE 3 OF 11 SUBJECT: MINUTES OF THE TOWN COUNCIL MEETING OF DECEMBER 5, 2017 DATE: DECEMBER 6, 2017 Public Hearing Item #9 – continued Jim Gerney, Toll House Hotel representative - Commented on the process and application. Larry Lenhart - Requested that the management reach out to the neighbors when an event will be happening. Jim Gerney, Toll House Hotel representative - Addressed comments. Closed Public Comment. Council discussed the matter. MOTION: Motion by Council Member Marcia Jensen to accept the report. Seconded by Vice Mayor Steve Leonardis. VOTE: Motion passed unanimously. OTHER BUSINESS 10. Authorize the Town Manager to enter into a two -year agreement with Los Gatos Music in the Park to produce, manage and promote the summer Music in the Park concert series for 2018 and 2019 in substantially the form attached allowing for minor technical or c lerical corrections, if any, to be included in the authority granted here. Robert Schultz, Town Attorney, presented the staff report. Opened Public Comment. Paul Kent, Los Gatos Music in the Park - Commented on the benefits of the program and their commitment to bring the program to the Town. Scott Canali , Los Gatos Music in the Park - Commented on the benefits of the program and their commitment to bring the program to the Town. Closed Public Comment. PAGE 4 OF 11 SUBJECT: MINUTES OF THE TOWN COUNCIL MEETING OF DECEMBER 5, 2017 DATE: DECEMBER 6, 2017 Other Business Item #10 – continued Council discussed the matter. MOTION: Motion by Council Member Marico Sayoc to extend the existing contract for one year with the original allotted $6,000; Council to consider the additional $5,000 at a later date; waive the $178 application fee for the Park Dance and the $94 banner fee; and that no alcohol be allowed in the Council Chambers lobby. Seconded by Council Member Marcia Jensen. VOTE: Motion passed unanimously. PUBLIC HEARINGS 11. Consideration and Introduction of an Ordinance Amending Town Code Chapter 2, Division 4 – Conflict of Interest, Section 2.30.615. – Filing of Statements and Adding Section 2.30.620. – Relating to Electronic and Paperless Filing of Fair Political Practices Commission Campaign Disclosure Statements. Shelley Neis, Clerk Administrator, presented the staff report. Opened and closed Public Comment. Council discussed the matter. MOTION: Motion by Council Member Marico Sayoc to move for the introduction and first reading of an Ordinance, by title only, approving the use of online or electronic filing of the Fair Political Practices Commission (FPPC) Conflict of Interest Form 700 and the Campaign Disclosure Statements , including only a reference to the Government Code and not a specific dollar amount . Seconded by Council Member Marcia Jensen. VOTE: Motion passed unanimously. The Clerk Administrator read the title of the ordinance. 12. Review, Discuss, and Provide Direction Regarding a Potential Increase in Town Council Compensation. Robert Schultz, Town Attorney, presented the staff report. PAGE 5 OF 11 SUBJECT: MINUTES OF THE TOWN COUNCIL MEETING OF DECEMBER 5, 2017 DATE: DECEMBER 6, 2017 Public Hearing Item #12 – continued Opened and closed Public Comment. Council discussed the matter. MOTION: Motion by Vice Mayor Steve Leonardis to move increase Council compensation to $570 a month, inclusive of the car allowance. Motion failed for lack of a second. MOTION: Motion by Vice Mayor Steve Leonardis to increase Council compensation to $570 a month. Seconded by Council Member Barbara Spector. VOTE: Motion passed 4/1. Council Member Marcia Jensen voting no. 13. Town Code Amendment Application A-17-003. Consider Amendments to Chapter 29 (Zoning Regulations) of the Town Code regarding Accessory Dwelling Units (ADU). Project Location: Town wide. Applicant: Town of Los Gatos. Sally Zarnowitz, Planning Manager, presented the staff report. Opened Public Comment. Angelia Doerner - Commented on the requirement of owner occupation and the floor area ratio (FAR) limits. Leslie Morley - Inquired if owners can rent the primary residence if they have rented out the accessory dwelling unit (ADU). Closed Public Comment. Council discussed the matter. PAGE 6 OF 11 SUBJECT: MINUTES OF THE TOWN COUNCIL MEETING OF DECEMBER 5, 2017 DATE: DECEMBER 6, 2017 Public Hearing Item #13 – continued MOTION: Motion by Council Member Barbara Spector to return the draft ordinance to staff to consider the language as proposed with the following potential modifications: 1) none of the buildings need to be owner occupied; 2) allow ADU’s in the RD zone; 3) provide some information regarding an increase to FAR and lot coverage; 4) provide wording to include the two stories when there is alre ady a building with two stories; and 5) provide information on items such as setbacks. AMENDMENT: provide report on lot coverage when there is an ADU as opposed to FAR. AMENDMENT: to continue the item to January 16, 2018. Seconded by Council Member Marcia Jensen. VOTE: Motion passed unanimously. Recess at 9:14 p.m. Reconvene at 9:24 p.m. 14. 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 (continued from October 17, 2017). Sean Mullin, Associate Planner, presented the staff report. Opened Public Comment. David Weissman - Provided clarification on his proposed amendments. Alice Kaufman, Legislative Advocate for the Committee for Green Foothills - Commented in support of the proposed ordinance. Kamilah Najieb-Wachob, Intern for the Committee for Green Foothills - Commented in support of the proposed ordinance. Jim Vergara - Commented in opposition of the proposed ordinance. Sam Schaevitz - Commented in opposition of the proposed ordinance. PAGE 7 OF 11 SUBJECT: MINUTES OF THE TOWN COUNCIL MEETING OF DECEMBER 5, 2017 DATE: DECEMBER 6, 2017 Public Hearing Item #14 – continued Richard Reed - Commented in opposition of the proposed ordinance. Joanne Chayut - Commented in opposition of the proposed ordinance. Lisa doughty - Commented in opposition of the proposed ordinance. Ty Doughty - Commented in opposition of the proposed ordinance. Alan Young - Commented in opposition of the proposed ordinance. Austin Donnelly - Commented in opposition of the proposed ordinance. Kasey Harnish - Commented in opposition of the proposed ordinance. Kit Gordon, Sierra Club Loma Prieta Chapter - Commented in support of the proposed ordinance. Mackenzie Mossing, Santa Clara County Audubon Society - Commented in support of the ordinance. Anik Manocha - Commented in opposition of the proposed ordinance. John Bourgeois - Commented in support of the proposed ordinance. David Klinger - Commented in support of a seven foot height including lattice in the non -hillside area. Bill Kraus - Commented in opposition of the proposed ordinance. PAGE 8 OF 11 SUBJECT: MINUTES OF THE TOWN COUNCIL MEETING OF DECEMBER 5, 2017 DATE: DECEMBER 6, 2017 Public Hearing Item #14 – continued Bruce McCombs - Commented in support of the proposed ordinance. Deborah Acosta - Commented in opposition of the proposed ordinance. Rupor Iyar - Commented in support of the proposed ordinance. Paul Lacey - Commented in opposition of the proposed ordinance. Linda Caplinger - Commented in opposition of the proposed ordinance. Steve Doughty - Commented in opposition of the proposed ordinance. Closed Public Comment. Council discussed the matter. MOTION: Motion by Council Member Marcia Jensen to continue the item to a date uncertain pending the outcome of the strategic priorities session, including the prioritization of this ordinance and consideration of a Wildlife Corridor Study; and evaluate input from Council and the public to determine if a compromise is possible. Seconded by Council Member Marico Sayoc. VOTE: Motion passed unanimously. 15. Veteran’s Memorial - Architecture and Site Application S-17-033. Project Location: 110 E. Main Street. Applicant: Patrick Flanders. Property Owner: Town of Los Gatos. Consider a request for approval to construct a new Veterans Memorial on property zoned C-1:PD. APN 529-34-108. RESOLUTION 2017-064 Sean Mullin, Associate Planner, presented the staff report. Opened Public Comment. PAGE 9 OF 11 SUBJECT: MINUTES OF THE TOWN COUNCIL MEETING OF DECEMBER 5, 2017 DATE: DECEMBER 6, 2017 Public Hearing Item #15 – continued Kent Hillhouse, President of the Veteran’s Memorial Foundation - Commented on the project. Dan Furtado - Commented in support of the project. Rex Naden - Commented in support of the project. Anegelia Doerner - Commented in support of the project. Clyde Horn - Commented in support of the project. Bart Raynaud - Commented in support of the project. Alice Hoagland - Commented in support of the project. Mike Frangadakis - Commented in support of the project. Barney Davidge - Showed scaled drawings comparing the Veteran's submittal and the consulting architect's recommendation. Denise Ramon Herrera - Read a statement in support of the project on behalf of State Senator Jim Beall. George Hall - Commented on the drawings that were shown comparing the submittal to the consulting architect's recommendation. Patrick Flanders - Commented in support of the project. John Lochner - Commented in support of the project. PAGE 10 OF 11 SUBJECT: MINUTES OF THE TOWN COUNCIL MEETING OF DECEMBER 5, 2017 DATE: DECEMBER 6, 2017 Public Hearing Item #15 – continued Diane Chandler - Commented in support of the project. Carol Musser - Commented in support of the project. Stan Weitzman - Commented in support of the project. Duino Giordano - Commented in support of the project. Jan Schwartz - Commented on the scale and size of the project and in support of the project. Frank Morris, project artist - Addressed comments. Closed Public Comment. Council discussed the matter. MOTION: Motion by Council Member Marico Sayoc to continue the meeting no later than thirty minutes, 12:30 a.m. Seconded by Vice Mayor Steve Leonardis. VOTE: Motion passed unanimously. MOTION: Motion by Vice Mayor Steve Leonardis to approve the project as submitted. Seconded by Council Member Marico Sayoc. VOTE: Motion passed 4/1. Council Member Marcia Jensen voting no. 16. 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 (continued from October 17, 2017). RESOLUTION 2017-064 PAGE 11 OF 11 SUBJECT: MINUTES OF THE TOWN COUNCIL MEETING OF DECEMBER 5, 2017 DATE: DECEMBER 6, 2017 MOTION: Motion by Council Member Marico Sayoc to continue the item to a date certain of December 19, 2017. Seconded by Council Member Marcia Jensen. VOTE: Motion passed unanimously. ADJOURNMENT The meeting adjourned at 12:02 a.m. Attest: _____________________________________ /s/ Shelley Neis, Clerk Administrator