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M03-17-2015 Town Council Meeting 04/07/15 Item #1 MINUTES OF THE TOWN COUNCIL/PARKING AUTHORITY MEETING MARCH 17, 2015 The Town Council of the Town of Los Gatos conducted a Special Meeting at 5:30 p.m. and a Regular Meeting at 7:00 p.m. on Tuesday, March 17, 2015. CLOSED SESSION – 5:30 P.M. CS-1 PUBLIC EMPLOYEE APPOINTMENT, EMPLOYMENT, EVALUATION, OF PERFORMANCE, DISCIPLINE, AND DISMISSAL [Government Code Section 54957(b)(1)] Title: Interim Town Manager and Town Manager MEETING CALLED TO ORDER AT 7:00 P.M. ROLL CALL Present: Mayor Marcia Jensen, Vice Mayor Barbara Spector, Council Member Steve Leonardis, Council Member Rob Rennie, Council Member Marico Sayoc. Absent: None PLEDGE OF ALLEGIANCE Meghan LeCrone led the Pledge of Allegiance. The audience was invited to participate. PRESENTATIONS Mayor Jensen presented a proclamation to Live Oak Senior Nutrition Program. Eric Carlson, Vice President of the Board and former Mayor of the Town, accepted the proclamation on behalf of Live Oak Senior Nutrition Center and thanked the Town. Mr. Carlson advised they would be kicking off a new fundraising event on April 1 to help expand their program and invited all to attend. 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 Rob Rennie stated he attended the Parking & Infrastructure Ad Hoc Committee and the Cities Association meetings. - Vice Mayor Barbara Spector stated she attended the Parking & Infrastructure Ad Hoc Committee meeting. - Mayor Marcia Jensen stated she attended the Valley Transportation Authority (VTA) Policy Advisory Committee meeting. - Council Member Steve Leonardis stated he attended the West Valley Sanitation District (WVSD) Board of Directors meeting and the Board received a certificate from California State Senator Jim Beall recognizing its transparency efforts. He also attended the Treatment Plant Advisory Committee meeting. Council Matters - continued - Council Member Marico Sayoc stated she attended the Housing Element Advisory Board (HEAB) meeting along with Mayor Jensen. Manager Matters - Interim Town Manager Les White announced that recruitment is ongoing for student commissioners and vacant positions on the Arts & Culture Commission, Community & Senior Services Commission, Parks Commission, Personnel Board, and the newly formed Planned Development Zoning Study Committee. Application deadlines and more information may be found on the Town website or by contacting the Clerk’s Department. CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION) 1. Approve Council minutes of March 3, 2015 2. Planned Development Application PD-14-003 project location: 15574, 15588, 15602, 15615, 15630, 15644, 15657, 15672, and 15685 Shady Lane; 15315, 15310, 15330, 15343, 15358, 15365, and 15371 Santella Court; 15415 Santella Drive; and 15675 and 15685 Gum Tree Lane (located in the Highlands of Los Gatos Planned Development on Shady Lane east of Short Road) Property Owner/Applicant: Davidon Homes Consider a request to modify the existing Planned Development (Ordinance 2147) to modify the requirement for exterior colors on property Zoned HR- 2Y2:PD. APNs 527-09 -010 through 024 and 030 through 033 (Continued from 3/3/15) 3. Adopt resolution making determinations and approving the reorganization of territory designated as Aztec Ridge Drive No. 1, approximately 1.42-acres located at 16347 Aztec Ridge Drive. APN: 532-26-027. File #AN14-006 4. Consider approving the proposed project boundaries for utility undergrounding along Los Gatos Boulevard for use of Rule 20A fund credits allocated to the Town and potential expansion of the boundary utilizing alternative funding 5. PPW Job No. 14-813-9921 & 14-821-2102 - Annual Curb, Gutter, and Sidewalk Maintenance Project and Public Access Infrastructure Project 813-9921 & 821- 2102 Staff recommends that the Town Council consider: a. Approving plans and specifications for the Annual Curb, Gutter, and Sidewalk Maintenance Project and Public Access Infrastructure Project, and authorizing the Town to advertise the project for bid b. Authorizing the Town Manager to award and execute a construction agreement in an amount not to exceed $392,969, including contingencies c. Authorizing staff to execute future change orders in an amount not to exceed fifteen percent of the contract award amount 6. Rescind Agreement approved by the Town Council on March 3, 2015 between the Town of Los Gatos and Leslie R. White and approve a revised Agreement with Leslie R. White as Interim Town Manager 2 Town Council/Parking Authority March 17, 2015 Consent Calendar – continued Items 2 and 5 pulled from the Consent Calendar. MOTION: MotionVice Mayor Barbara Spector by to approved the Consent SecondedCouncil Calendar exclusive of Items two and five. by Member Steve Leonardis. VOTE: Motionpassed unanimously. Pulled Consent Item #2 2. Planned Development Application PD-14-003 project location: 15574, 15588, 15602, 15615, 15630, 15644, 15657, 15672, and 15685 Shady Lane; 15315, 15310, 15330, 15343, 15358, 15365, and 15371 Santella Court; 15415 Santella Drive; and 15675 and 15685 Gum Tree Lane (located in the Highlands of Los Gatos Planned Development on Shady Lane east of Short Road) Property Owner/Applicant: Davidon Homes Consider a request to modify the existing Planned Development (Ordinance 2147) to modify the requirement for exterior colors on property Zoned HR- 2Y2:PD. APNs 527-09 -010 through 024 and 030 through 033 (Continued from 3/3/15) Joel Paulson, Planning Manager, presented the staff report. Opened Public Comment at 7:30 p.m. Dennis Razzari, Vice President Davidon Homes - Commented on the averaging of light reflective value for the homes. Lee Quintana - Commented that the policy should not be done on a case by case basis, instead, the Hillside Design Standards and Guidelines should be amended; she commented the most important element is the side of the house as that is what is visible from the valley floor. Closed Public Comments at 7:34 p.m. Council discussed the matter. 3 Town Council/Parking Authority March 17, 2015 Pulled Consent Item #2 – continued MOTION: MotionCouncil Member Rob Rennie by to amend the Hillside Guidelines to add the option for the use, as appropriate, of the light value averaging method, and to research and determine a Seconded maximum light value that can be used in that averaging. Council Member Marico Sayoc. by VOTE: Motionpassed 3/2. Mayor Marcia Jensen and Council Member Steve Leonardis voting no. MOTION: MotionCouncil Member Marico Sayoc by to waive the reading of the title of the zone change by the Clerk; make the required findings that no further environmental analysis is required for the proposed planned development modification; waive the reading of the zone change ordinance; and introduce the ordinance effecting the zone change, reflected on page 3 of the staff report that Conditions of Approval, condition #15 shall read: color reflectivity deed restriction with an averaging of a light reflectivity value requirement 30 or less or the body of the color shall be no more than the color as Seconded proposed by the developer at the time of application. by Council Member Rob Rennie. VOTE: Motionpassed unanimously. Pulled Consent Item #5 5. PPW Job No. 14-813-9921 & 14-821-2102 - Annual Curb, Gutter, and Sidewalk Maintenance Project and Public Access Infrastructure Project 813-9921 & 821- 2102 Staff recommends that the Town Council consider: d. Approving plans and specifications for the Annual Curb, Gutter, and Sidewalk Maintenance Project and Public Access Infrastructure Project, and authorizing the Town to advertise the project for bid e. Authorizing the Town Manager to award and execute a construction agreement in an amount not to exceed $392,969, including contingencies f. Authorizing staff to execute future change orders in an amount not to exceed fifteen percent of the contract award amount Lisa Petersen, Town Engineer, presented the staff report. 4 Town Council/Parking Authority March 17, 2015 Pulled Consent Item #5 – continued Opened Public Comment at 7:48 p.m. Angelia Doerner - Commented on the scope of the work, specifically in regards to 449 N. Santa Cruz Avenue. Closed Public Comment at 7:53 p.m. Council discussed the matter. MOTION: MotionVice Mayor Barbara Spector by to approve the plans and specifications for the Annual Curb, Gutter, and Sidewalk Maintenance Project and Public Access Infrastructure Project, and authorizing the Town to advertise the project for bid; authorize the Town Manager to award and execute a construction agreement in an amount not to exceed $392,969, including contingencies; authorize staff to execute future change orders in an amount not to Seconded exceed fifteen percent of the contract award amount. by Council Member Rob Rennie. VOTE: Motionpassed 4/1. Council Member Steve Leonardis voting no. VERBAL COMMUNICATIONS There were no verbal communications. PUBLIC HEARINGS 7. Conditional Use Permit Application U-12-002 and Environmental Impact Report EIR-13-001. Project Location: 300 Marchmont Drive. Property Owner: Hillbrook School. Applicant/Appellant: Mark Silver. Appellant: Patricia Elliot (and others) Consider an appeal of a Planning Commission decision approving a Conditional Use Permit modification to increase school enrollment and modify operations of an existing private school (Hillbrook School) on property zoned HR-1. APNS 532- 10-001 and 532-11-011 (Continued from 2/17/15) Laurel Prevetti, Assistant Town Manager/Community Development Director, presented the staff report. Council discussed the matter. 5 Town Council/Parking Authority March 17, 2015 Public Hearing Item #7 – continued MOTION: MotionCouncil Member Steve Leonardis by to uphold the Planning Commission decision, deny all appeals, and find that there was significant new information for the Council to consider. Using the CUP Template: Remove the second sentence from Approval paragraph, modify the Expiration paragraph to incorporate the wording on page four of the Staff Report; and leave Use SecondedCouncil Member Rob Rennie. paragraphs as is. by VOTE: Motionpassed unanimously. MOTION: MotionVice Mayor Barbara Spector by to remove the second sentence that begins with "any changes" and ending with "scope of Seconded the changes" in the first paragraph of the template. by Mayor Marcia Jensen. VOTE: Motionpassed unanimously. MOTION: MotionCouncil Member Steve Leonardis by to approve Hours of Operation: a) STUDENTS may be on campus Monday-Friday 7:30 a.m. to 6 p.m. from mid-August through mid-June. b) SCHOOL FACULTY may be on campus Monday-Friday 7 a.m. to 7 p.m. mid-August through mid-June; Grounds and facilities maintenance may be on campus Monday-Friday 7 a.m. to 7 p.m. mid-August thru mid-June. c) SCHOOL MANAGEMENT STAFF: a maximum of five (5) management staff may stay on campus after 6 pm until 9 p.m. Monday-Friday mid-August through mid-June. d) EXTENDED HOURS: Up to 10 times per academic year, hours may be extended past 6 p.m. up to 9 p.m. and all vehicles must be of campus by 9:30 p.m. School management and maintenance staff do not count towards the number per year for extended hours. e) WEEKEND presence on the campus by faculty, management staff, and/or maintenance is limited to 9 a.m. to 1 p.m. on Saturday, no Sundays, mid-August through mid-June. f) OTHER: no more than five (5) non-management school employees can be on the campus outside of these hours of SecondedCouncil Member Rob Rennie. operations. by VOTE: Motionpassed unanimously as amended. 6 Town Council/Parking Authority March 17, 2015 Public Hearing Item #7 – continued MOTION: MotionCouncil Member Marico Sayoc by to amend previous motion to strike Section B School Faculty, Section C School SecondedVice Mayor Management Staff, and Section F Other. by Barbara Spector. VOTE: Motionpassed unanimously. MOTION: MotionCouncil Member Steve Leonardis by to approve After School Activities: add “Enrichment” in front of “Programs” up to 6 Seconded p.m. Monday-Friday, mid-August through mid-June. by Mayor Marcia Jensen. VOTE: Motionpassed unanimously. MOTION: MotionCouncil Member Steve Leonardis by to approve After School Sports and Competitions up to 6 p.m. Monday-Friday, mid- August through mid-June; the competitions are permitted a maximum of three (3) times per week, up to two (2) times per week SecondedCouncil Member Rob Rennie. outdoors. by VOTE: Motionpassed unanimously. MOTION: MotionCouncil Member Steve Leonardis by to approve After School Care up to 6 p.m. Monday-Friday, mid-August through mid- SecondedVice Mayor Barbara Spector. June. by VOTE: Motionpassed unanimously. MOTION: MotionCouncil Member Steve Leonardis by to approve Volleyball and Basketball Tournaments up to two (2) Saturdays per Academic Year, 7:30 a.m. to 3:30 p.m. with vehicles off campus by 4 p.m. on Saturday. Tournaments may occur up to two Saturdays SecondedVice Mayor Barbara Spector. per academic year. by VOTE: Motionpassed 4/1. Council Member Rob Rennie voting no. 7 Town Council/Parking Authority March 17, 2015 Public Hearing Item #7 – continued MOTION: MotionCouncil Member Steve Leonardis by to permit Evening/Weekend Events up to ten (10) times per academic year, mid-August to mid-June and must be listed by August 1 on a SecondedVice publicly accessible online school calendar. by Mayor Barbara Spector. VOTE: Motionpassed unanimously. MOTION: MotionCouncil Member Steve Leonardis by to permit one Open House on a Saturday, no Sunday, per calendar year from 7:30 a.m. to 3:30 p.m. with vehicles off campus by 4 p.m. mid-August to mid- June; open house is not included in the ten traffic exception days. Seconded Deliveries shall occur 7 a.m. to 7p.m. Monday-Friday. Council Member Rob Rennie. by VOTE: Motionpassed unanimously. MOTION: MotionCouncil Member Steve Leonardis by to permit a Summer Program between mid-June and mid-August for six (6) contiguous SecondedVice weeks, Monday-Friday 8:30 a.m. to 1 p.m. by Mayor Barbara Spector. VOTE: Motionpassed 4/1. Council Member Rob Rennie voting no. MOTION: MotionCouncil Member Steve Leonardis by to permit Training for parents of enrolled students and the school's faculty only Monday-Friday 7:30 a.m. to 6 p.m. unless designated as a night time exception, mid-August to mid-June. No other conferences SecondedCouncil Member Rob Rennie. shall be permitted. by VOTE: Motionpassed unanimously. MOTION: MotionCouncil Member Steve Leonardis by that Third Party Use is not allowed with the exception of enrolled Hillbrook students or Seconded by a teacher hired by Hillbrook but not currently on staff. Vice Mayor Barbara Spector. by VOTE: Motionfailed 2/3. Mayor Marcia Jensen and Council Members Rob Rennie and Marico Sayoc voting no. 8 Town Council/Parking Authority March 17, 2015 Public Hearing Item #7 – continued MOTION: MotionCouncil Member Marico Sayoc by to allow Third Party Use. A third party use is defined as a school program run by an entity that is under a contractual partnership agreement with the school, payments for participation in the activity are paid directly to the school, and the school has control of the operations of the activity. Any such third party use will be subject to all of the Seconded conditions contained in this Conditional Use Permit. by Mayor Marcia Jensen. VOTE: Motionpassed 4/1. Council Member Steve Leonardis voting no. MOTION: MotionCouncil Member Steve Leonardis by to leave “Additional SecondedMayor Marcia Jensen. Activities” paragraph as is. by VOTE: Motionpassed unanimously. MOTION: MotionCouncil Member Steve Leonardis by to allow the Maximum Number of Enrolled Students for the academic year shall be limited to 350 and shall begin with the academic year beginning August 2016 through June 2017. This provides a one year compliance opportunity; the applicant may apply for an increase after compliance; the maximum number of students shall be limited to 150 during the summer; the school shall post total enrollment on their publicly accessible website; and the enrollment numbers shall be the numbers provided in the affidavit submitted to the California Board of Education, except the summer session shall be posted even if not required by the California Board of Education. VOTE: Motionfailed for lack of a second. MOTION: MotionCouncil Member Steve Leonardis by that the Maximum Number of Daily Vehicle Trips shall not exceed 840 mid-August to mid-June pursuant to the following: evaluation shall include all days; the school may designate ten (10) days per year mid-August to mid-June to remove from the maximum calculation, consistent with the CUP and the days must be identified on a publicly accessible calendar by August 1. VOTE: Motionfailed for lack of a second. 9 Town Council/Parking Authority March 17, 2015 Public Hearing Item #7 – continued MOTION: MotionVice Mayor Barbara Spector by that the Maximum Number of Daily Vehicle Trips shall not exceed 880 pursuant to the following: the school may designate ten (10) days per year that can be removed from the maximum calculation, and those days cannot exceed 960 maximum and the days must be identified on a publicly accessible online calendar by August 1. SecondedMayor Marcia Jensen. by VOTE: Motionpassed 3/2. Council Members Steve Leonardis and Rob Rennie voting no. MOTION: MotionCouncil Member Steve Leonardis by that the Maximum Number of Enrolled Students for the academic year shall be limited to 350 and shall begin in academic year 2016-2017; the applicant may apply for an increase of 35 students after it has demonstrated compliance with all conditions in the CUP for one year; no enrollment increases can occur before August 2016; the maximum number of students enrolled in the summer session shall be limited to 150; and the school shall post total enrollment on their publicly accessible website; the total enrollment numbers shall be the numbers provided in the affidavit submitted to the California Board of Education, except the summer session shall be posted on a publicly accessible website even if not required by the California Board of Education. VOTE: Motionfailed for lack of a second. MOTION: MotionCouncil Member Steve Leonardis by that the Maximum Number of Students is 350 during academic year 2016/17 beginning August 2016 and the school must demonstrate compliance with the CUP to earn the increase; the maximum number of students for the summer session is 150. VOTE: Motionfailed for lack of a second. MOTION: MotionCouncil Member Marico Sayoc by that the Maximum Number of additional enrolled students shall be limited to no more than 33 in 2016/17, no more than 33 in 2017/18, no more than 33 in 2018/19; dependent upon compliance with the current CUP. VOTE: Motionwithdrawn. 10 Town Council/Parking Authority March 17, 2015 Public Hearing Item #7 – continued MOTION: MotionVice Mayor Barbara Spector by that the Maximum Enrollment of additional students over the life of the CUP shall be 99 with a maximum addition of 33 in 2016/17, 33 in 2017/18 and 33 in 2018/19. The right to add those students shall be contingent Seconded upon compliance with the traffic count mandates. by Mayor Marcia Jensen. VOTE: Motionpassed 4/1. Council Member Steve Leonardis voting no. MOTION: MotionCouncil Member Steve Leonardis by to allow 150 students maximum for Summer Session and a maximum of 300 SecondedCouncil Member Marico vehicle trips per day. by Sayoc. VOTE: Motionpassed 3/2. Mayor Marcia Jensen and Council Member Rob Rennie voting no. MOTION: MotionCouncil Member Steve Leonardis by that the Initial Review will be six (6) months from the date of approval by the Town Council. The Town Council may consider whether there is merit to increase the number of students from 315 based on compliance with the maximum number of daily vehicle trips. The Seconded review shall be completed at the applicant's expense. by Vice Mayor Barbara Spector. VOTE: Motionpassed unanimously. MOTION: MotionCouncil Member Steve Leonardis by to modify the Mandatory Traffic Demand Management Plan paragraph to change the sentence “…that pickup and drop-offs are prohibited on public streets in the immediate vicinity” to “...pickups and drop-offs are prohibited on Robin Way, Hilow, lower Marchmont, Topping, Cardinal, Stonybrook, upper Marchmont, Kennedy Rd, and Vista Del Monte.” VOTE: Motionfailed for lack of a second. 11 Town Council/Parking Authority March 17, 2015 Public Hearing Item #7 – continued MOTION: MotionMayor Marcia Jensen by to incorporate the language in the template in respect to the Traffic Demand Management Plan, change “their expense” to “its expense” and delete "and approved SecondedCouncil by the Town" at end of first sentence. by Member Rob Rennie. VOTE: Motionpassed unanimously. MOTION: Motion by Council Member Steve Leonardis to retain the Traffic Count Monitoring paragraph as is. VOTE: Motionfailed for lack of a second. MOTION: MotionMayor Marcia Jensen by to modify the Traffic Count Monitoring paragraph to include the wording on page two from the March 17, 2015 staff report, for Ongoing Traffic Validation, and change the number of random counts to three (3) days each semester; include Bus Stops paragraph as is; include Parking paragraph as is; and change Pick Up and Drop Off paragraph to SecondedCouncil “…shall be maintained on school grounds.” by Member Marico Sayoc. VOTE: Motionpassed unanimously. MOTION: MotionCouncil Member Steve Leonardis by to maintain the language as it currently exists in the 2001 CUP for the Emergency SecondedVice Mayor Barbara Spector. Access Road. by VOTE: Motionpassed unanimously. MOTION: MotionCouncil Member Steve Leonardis by to allow one amplified DJ event per academic year that may exceed the noise SecondedVice Mayor Barbara limitations of the Town. by Spector. VOTE: Motionpassed unanimously 12 Town Council/Parking Authority March 17, 2015 Public Hearing Item #7 – continued MOTION: MotionMayor Marcia Jensen by that upon completion of the six (6) month initial review required above, the Planning Commission shall conduct an Annual Review of compliance with this permit. If, at any review, the Planning Commission finds that the school is in violation or that new or more effective data collection methods are available to compute traffic counts, then the CUP may be modified and/or revoked as allowed under the Town SecondedCouncilMember Steve Leonardis. Code. by VOTE: Motionpassed 3/2. Vice Mayor Barbara Spector and Council Member Rob Rennie voting no. MOTION: MotionCouncil Member Steve Leonardis by that if the Town’s Traffic Consultant’s review of the trip cap monitoring reports reveals that the number of trips exceeds the maximum then the applicant shall pay a) $1000 per day and $100 per excess trip; b) $2,500 per day and $250 per excess trip; c) $5,000 per day and $500 per excess trip. VOTE: Motionfailed for lack of a second. MOTION: MotionCouncil Member Steve Leonardis by that if the Town’s Traffic Consultant’s review of the trip cap monitoring reports reveals that the number of trips exceeds the maximum then the applicant shall pay a) $1000 per day and $100 per excess trip; b) $2,500 per day and $250 per excess trip; c) $5,000 per day and $500 per excess trip and a decrease of five (5) students the following academic year. VOTE: Motionfailed for lack of a second. 13 Town Council/Parking Authority March 17, 2015 Public Hearing Item #7 – continued MOTION: MotionCouncil Member Marico Sayoc by that if the Town’s Traffic Consultant’s review of the monthly trip cap monitoring reports reveals that the number of trips exceeds the maximum then the applicant shall pay a) $1000 per day and $100 per excess trip the first month; b) $2,500 per day and $250 per excess trip the second consecutive month; c) $5,000 per day and $500 per excess trip, no decrease in students the third consecutive month; include a six (6) month grace period for the initial review; d) penalty money shall be paid to the Town and used towards neighborhood traffic/pedestrian improvements as determined by the Parks and SecondedMayor Marcia Jensen. Public Works Director. by VOTE: Motionpassed 3/2. Vice Mayor Barbara Spector and Council Member Rob Rennie voting no. MOTION: MotionCouncil Member Steve Leonardis by to eliminate the following paragraphs: Neighborhood Committee and Noise Barrier; eliminate all but sub paragraph (b) under Neighborhood Seconded Coordination, and maintain the remaining paragraphs. Council Member Rob Rennie. by VOTE: Motionpassed unanimously MOTION: MotionVice Mayor Barbara Spector by to make the required findings as stated on page three of the March 17, 2015, Desk Item. SecondedCouncil Member Steve Leonardis. by VOTE: Motionpassed unanimously OTHER BUSINESS Mayor Jensen announced today the Town received a flag from our sister city Listowel from Philip Grant, Consul General of Ireland to the Western United States. ADJOURNMENT The meeting adjourned at 10:30 p.m. Attest: _____________________________________ /s/ Shelley Neis, Clerk Administrator 14 Town Council/Parking Authority March 17, 2015