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M12-06-16 MEETING DATE: 12/20/2016 TOWN OF LOS GATOS COUNCIL AGENDA REPORT ITEM NO: 2 MINUTES OF THE TOWN COUNCIL MEETING DECEMBER 6, 2016 The Town Council of the Town of Los Gatos conducted a Regular Meeting on Tuesday, December 6, 2016, at 7:00 p.m. REGULAR MEETING CALLED TO ORDER AT 7:10 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 Caspian Bailey led the Pledge of Allegiance. The audience was invited to participate. CLOSED SESSION REPORT Robert Schultz, Town Attorney, stated there was no Closed Session and there is no report. COUNCIL/TOWN MANAGER REPORTS Council Matters Council Member Steve Leonardis stated he attended the Los Gatos Christmas Parade, the - Tree Lighting at the Terraces, and the Council Finance Committee meeting. Council Member Marcia Jensen stated she attended the Los Gatos Hospitality Association - meeting. Mayor Marico Sayoc stated she attended the Council Policy Committee meeting, the - General Plan Committee meeting, and the Santa Clara County Health Cities meeting with Director Morley; and she served at the Los Gatos-Saratoga Recreation Department Annual Senior Thanksgiving Dinner. Vice Mayor Rob Rennie stated he served at the Los Gatos-Saratoga Recreation Department - Annual Senior Thanksgiving Dinner; and he attended the Cities Association dinner, the Terraces Tree Lighting, the Charities Housing opening of a new affordable housing complex, and the Town Tree Lighting and Christmas Parade. Council Member Barbara Spector stated she met with several high school students for an - interview for their government class; and she attended the General Plan Committee meeting, the Council Finance Committee meeting, and the Town Tree Lighting and Christmas Parade. 110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832 www.losgatosca.gov PAGE 2 OF 7 SUBJECT: DRAFT MINUTES OF THE TOWN COUNCIL MEETING OF DECEMBER 6, 2016 DATE: DECEMBER 7, 2016 Manager Matters Announced the Almond Grove Community meetings are scheduled on December 8 and - December 12 in the Council Chambers. All residents are welcome to attend. Announced the Parks Maintenance Team was presented with the Quarterly Employee - Recognition award at lunch today: Ruben Galvan, Rob Moulden, Jerett Blaskey, Steve Moore, Gary Cordeiro, Robert Ormonde, and Beau Suave . CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION) 1.Approve Council Minutes of November 15, 2016. 2.Approve Town Council Closed Session Minutes of November 28, 2016. 3.Accept Fiscal Year (FY) 2015/16 status report on receipt and use of Development Impact Fees. MOTION: Motion by Council Member Marcia Jensen to approve the Consent Items. Seconded by Vice Mayor Rob Rennie. VOTE: Motion passed unanimously. VERBAL COMMUNICATIONS There were no verbal communications. PUBLIC HEARINGS 4.Consider an appeal of a Planning Commission decision denying a request to construct a single-family residence on property located at 339-341 Bella Vista Avenue, zoned R-1:8. APNs 529-23-15 and -016. Property Owner/Applicant/ Appellant: Jake Peters and Dan Ross. Sally Zarnowitz, Planning Manager, presented the staff report. Opened Public Comment. Barton Hechtman, appellant representative Commented on the basis for the appeal. - Noelle Masters Commented in support of the project. - Ken Lown Commented in opposition of the project. - Mary Ann Lown Commented in opposition of the project. - PAGE 3 OF 7 SUBJECT: DRAFT MINUTES OF THE TOWN COUNCIL MEETING OF DECEMBER 6, 2016 DATE: DECEMBER 7, 2016 Public Hearings Item #4 – continued Sarah Reynolds Commented in support of the project. - John McCool Commented in support of the project. - Natalia Stulskava Commented in opposition of the project. - Forrest Straight Commented in opposition of the project. - Pat Tillman Commented in opposition of the project. - Nick Williamson Commented in opposition of the project. - Debra Chin Commented in opposition of the project. - Eric Morley Commented in support of the project. - Barton Hechtman, appellant representatives Addressed comments. - Closed Public Comment. Council discussed the matter. MOTION: Motion by Council Member Marcia Jensen to deny the appeal as the required findings cannot be made; the project does not comply with the Hillside Guidelines, Tree Ordinance, or Cellar Policy; and adopt the resolution in Attachment 14. Seconded by Vice Mayor Rob Rennie. Vice Mayor Rennie withdrew second. VOTE: Motion failed for lack of a second. PAGE 4 OF 7 SUBJECT: DRAFT MINUTES OF THE TOWN COUNCIL MEETING OF DECEMBER 6, 2016 DATE: DECEMBER 7, 2016 Public Hearings Item #4 – continued MOTION: Motion by Council Member Barbara Spector to remand the project to the Planning Commission because new information was submitted to Council during the appeal process that was not readily and reasonably available to Planning Commission, and direct them to: 1) look at the proposed modification and other modifications that would reduce the appearance and mass as you look downhill and look up; 2) consider looking at the siting of the building; 3) consider what trees should or should not be removed; 4) look at the removal of the structure that creates the height above the garage; and 5) look at a smaller square footage to reduce the visibility from Maggi Court. Seconded by Vice Mayor Rob Rennie. Vice Mayor Rennie withdrew second. VOTE: Motion failed for lack of a second. MOTION: Motion by Mayor Marico Sayoc to return the project to the applicant because new information was submitted to Council during the appeal process that was not readily and reasonably available to Planning Commission, and direct the applicant to: 1) consider the proposed modification and other modifications that would reduce the appearance and mass as you look downhill and look up; 2) consider looking at the citing of the building; 3) consider what trees should or should not be removed; 4) look at the removal of the structure that creates the height above the garage; 5) look at a smaller square footage to reduce the visibility from Maggi Court; and 6) return the revised application to Council for review. Seconded by Vice Mayor Rob Rennie. VOTE: Motion passed 3/2. Council Members Marcia Jensen and Barbara Spector voting no. Recess at 9:46 p.m. Reconvened at 9:55 p.m. OTHER BUSINESS At the direction of the Mayor, Item 8 was heard out of order. 8.Receive the First Quarter Investment Report (July through September 2016) for Fiscal Year 2016/17 and accept the reconciled demand account balances (February through June 2016) as restated for June 30, 2016. PAGE 5 OF 7 SUBJECT: DRAFT MINUTES OF THE TOWN COUNCIL MEETING OF DECEMBER 6, 2016 DATE: DECEMBER 7, 2016 Other Business Item #8 – continued Laurel Prevetti, Town Manager, presented the staff report. Opened Public Comment. Jak Van Nada Commented on the process for the financial reports. - Closed Public Comment. Council discussed the matter. MOTION: Motion by Council Member Steve Leonardis to approve the staff recommendation contained in the staff report. Seconded by Council Member Barbara Spector. VOTE: Motion passed unanimously. 5.Accept the Council Finance Committee’s recommendation to receive the Fiscal Year (FY) 2016/17 First Quarter Budget Performance Report for the period July 1, 2016 through September 30, 2016. Steve Conway, Director of Finance, presented the staff report. Opened and closed Public Comment. Council discussed the matter. MOTION: Motion by Council Member Steve Leonardis to approve the staff recommendation contained in the staff report. Seconded by Council Member Barbara Spector. VOTE: Motion passed unanimously. 6.Adopt a resolution approving the Council Policy Committee recommendations for the modification of the Traffic Impact Policy. RESOLUTION 2016-068 and POLICY 1-05 Matt Morley, Director of Parks and Public Works, presented the staff report. PAGE 6 OF 7 SUBJECT: DRAFT MINUTES OF THE TOWN COUNCIL MEETING OF DECEMBER 6, 2016 DATE: DECEMBER 7, 2016 Other Business Item #5 – continued Opened Public Comment. Angelia Doerner Commented on the use of ITE to calculate traffic impact fees; and asked who is responsible - for determining the use of traffic impact mitigation fees fund, what fees have been charged, and who has paid them in the past. Closed Public Comment. Council discussed the matter. MOTION: Motion by Council Member Steve Leonardis to not go forward with the Policy Committee's recommendation contained in the staff report and postpone further discussion to a future date when more information is available. Seconded by Council Member Barbara Spector. VOTE: Motion failed. Mayor Marico Sayoc, Vice Mayor Rob Rennie, and Council Member Marcia Jensen voting no. MOTION: Motion by Council Member Marcia Jensen to approve the recommendation contained in the staff report and provide a report to Council on the effects and consequences of the pPolicy change one year from the date that it goes into effect. Seconded by Mayor Marico Sayoc. VOTE: Motion passed 3/2. Council Members Steve Leonardis and Barbara Spector voting no. Item #7 was not heard and was continued to a date uncertain 7.Cut Through Traffic Project 813-0229 a.Provide direction on next steps to address summer cut through traffic, including direction for the summer of 2017 and potential future capital projects. b.Approve a budget adjustment and the appropriation of $9,908 from the Traffic Impact Mitigation Fund to the Cut Through Traffic Project 813-0229. c.Authorize the Town Manager to execute an Agreement with W-Trans for engineering consulting services in an amount not to exceed $66,000. PAGE 7 OF 7 SUBJECT: DRAFT MINUTES OF THE TOWN COUNCIL MEETING OF DECEMBER 6, 2016 DATE: DECEMBER 7, 2016 ADJOURNMENT The meeting adjourned at 11:36 p.m. Attest: _____________________________________ /s/ Shelley Neis, Clerk Administrator