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Staff Report 110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832 www.losgatosca.gov TOWN OF LOS GATOS COUNCIL AGENDA REPORT MEETING DATE: 01/17/2016 ITEM NO: 3 DRAFT MINUTES OF THE TOWN COUNCIL MEETING DECEMBER 20, 2016 The Town Council of the Town of Los Gatos conducted a Regular Meeting on Tuesday, December 20, 2016, 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 Francesca Palmer led the Pledge of Allegiance. The audience was invited to participate. PRESENTATIONS Mayor Sayoc presented a Small Business, Big Applause Commendation to the Butter Paddle. Auxiliary members accepted the Commendation. COUNCIL/TOWN MANAGER REPORTS Council Matters - Council Member Steve Leonardis stated he attended the West Valley Sanitation District (WVSD) Board of Directors Closed Session meeting, and the Treatment Plant Advisory Committee meeting. - Mayor Marico Sayoc congratulated Council Member Spector and Council Member Jensen on their successful re-election for four year terms. - Council Member Marcia Jensen thanked the community members for their support, stated she and Mayor Sayoc attended the Council Policy Committee meeting, and she attended two transportation meetings as the Town representative for the Valley Transportation Authority (VTA) Policy Advisory Committee and Highway 85 Committee. - Vice Mayor Rob Rennie congratulated Council Members Spector and Jensen on their re - election, stated he and Mayor Sayoc attended the swearing in of the City of Cupertino and City of Saratoga mayors, the Valley Transportation Authority Policy Advisory Committee meeting as an observer, Assemblyman Low’s celebration of public service lunch with Mayor Sayoc and Council Member Leonardis, the LAFCO Commission meeting as an alternate observer, presented at the Los Gatos Kiwanis about the Silicon Valley Clean Energy Authority, and attended the Silicon Valley Clean Energy Authority meeting. - Council Member Barbara Spector thanked the community members for their support. PAGE 2 OF 7 SUBJECT: DRAFT MINUTES OF THE TOWN COUNCIL MEETING OF DECEMBER 20, 2016 DATE: JANUARY 6, 2017 S:\COUNCIL REPORTS\2017\01-17-17\03 Minutes December 20\122016.FINAL.docx Manager Matters - Reminded Council and the public that most Town offices will be closed Friday, December 23, 2016 through Monday, January 2, 2017, and that the Library will be open December 27 through December 29, 2016. CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION) 1. Approve Council Study Session Minutes of December 6, 2016. 2. Approve Council minutes of December 6, 2016. 3. Reaffirmation of the Los Gatos Town Council Code of Conduct. 4. Adopt Council Committee Appointments effective January 1, 2017. 5. Approve a labor agreement between the Town of Los Gatos and the Town Employees Association (TEA) for the period of July 1, 2016 through June 30, 2018 and authorize the Town Manager to execute the Memorandum of Understanding. 5A. Approve salary increases for unrepresented Management, Confidential, and Temporary/Hourly employees. 6. Authorize the Town Manager to execute an agreement with Monarch Consulting Arborists LLC to provide services as a Consulting Arborist to the Town. 7. Authorize the Town Manager to execute a subordination agreement with River City Bank in conjunction with the Credit Agreement to provide financing for the Silicon Valley Clean Energy (SVCE) Authority. 8. Authorize the Town Manager to execute a First Amendment to the Agreement for Services (Attachment 1) with Cintas Corporation No. 2 to provide additional c ompensation for unanticipated emergency repair work in an amount of $14,490, for a total agreement amount not to exceed $61,203. 9. Adoption of a Resolution to accept a donation from Barbara Spector for infrastructure purposes. RESOLUTION 2016-067 MOTION: Motion by Vice Mayor Rob Rennie to approve Consent Items 1 through 9. Seconded by Council Member Steve Leonardis. VOTE: Motion passed unanimously for Items 1 through 8. Council Member Barbara Spector recused from Item 9. PAGE 3 OF 7 SUBJECT: DRAFT MINUTES OF THE TOWN COUNCIL MEETING OF DECEMBER 20, 2016 DATE: JANUARY 6, 2017 S:\COUNCIL REPORTS\2017\01-17-17\03 Minutes December 20\122016.FINAL.docx VERBAL COMMUNICATIONS Angelia Doerner - Commented on the traffic and safety issue at Highway 9 and Santa Cruz Avenue intersection and expressed that a stoplight or something should be installed at Massol and Highway 9. John Shepardson - Commented on the Town budget regarding unfunded liabilities and pensions. PUBLIC HEARINGS 10. Consider an appeal of a Planning Commission decision denying a request to construct a single-family residence on property located at 16362 Hilow Road zoned R1:8. APN 32-04- 082. RESOLUTION 2016-069 Joel Paulson, Director of Community Development, presented the staff report. Opened Public Comment. Valy Jalalian, appellant and Mike Brown, appellant representative - Commented on the basis for the appeal. Angelia Doerner - Commented in opposition to the project. David Zirl - Commented in support of the project. Ehab Youssef - Commented in support of the project. Samuel Weidman - Commented in opposition to the project. William Schwartz - Commented in support of the project. Joey Dorset - Commented in support of the project. Ronald Deering - Commented in support of the project. PAGE 4 OF 7 SUBJECT: DRAFT MINUTES OF THE TOWN COUNCIL MEETING OF DECEMBER 20, 2016 DATE: JANUARY 6, 2017 S:\COUNCIL REPORTS\2017\01-17-17\03 Minutes December 20\122016.FINAL.docx Public Hearing Item #10 – continued Susan Buxton - Commented in opposition to the project. Craig Ford - Commented in support of the project. Jason Halladay - Commented in support of the project. Whitney Halladay - Commented in support of the project. Jim Mongiello - Commented in support of the project. Roy Moses - Commented in opposition to the project. Julianne and Marinna Wagner - Commented in opposition to the project. Deborah Wagner - Commented in opposition to the project. Cindy Schneider - Commented in opposition to the project. Gerry Edwards - Commented in opposition to the project. Lee Quintana - Commented in opposition to the project. Sandy Decker - Commented in opposition to the project. Jeanne Dredger - Commented in opposition to the project. PAGE 5 OF 7 SUBJECT: DRAFT MINUTES OF THE TOWN COUNCIL MEETING OF DECEMBER 20, 2016 DATE: JANUARY 6, 2017 S:\COUNCIL REPORTS\2017\01-17-17\03 Minutes December 20\122016.FINAL.docx Public Hearing Item #10 – continued Bill Wagner - Commented in opposition to the project. Shannon Susik - Commented in opposition to the project. Valy Jalalian, Chris Hundemer, and Mike Brown, appellants - Addressed comments. Closed Public Comment. Council discussed the matter. MOTION: Motion by Mayor Marico Sayoc to approve the project with the following additional conditions: 1) Remove the rear balcony; 2) Add more articulation to the right elevation; 3) Remove some square footage from the second story and place it on first story; 4) Detach the garage and place it in the rear and to the right; and 5) Remove unnecessary windows from the side with 11 windows. Seconded by Vice Mayor Rob Rennie. VOTE: Motion passed 3/2. Council Members Jensen and Spector voting no. MOTION: Motion by Council Member Steve Leonardis to make the finding that substantial new information was received. Seconded by Vice Mayor Rob Rennie. VOTE: Motion passed 3/2. Council Members Jensen and Spector voting no. 11. Consider an appeal of a Planning Commission decision approving a request to construct a single-family residence on property located at 19 Highland Avenue zoned HR-2 1/2. APN 529-37-033. Architecture and Site Application S-15-077. RESOLUTION 2016-070 Sally Zarnowitz, Planning Manager, presented the staff report. Opened Public Comment. Dede Smullen and Richard Grassetti, appellants’ representatives - Commented on the basis for the appeal. PAGE 6 OF 7 SUBJECT: DRAFT MINUTES OF THE TOWN COUNCIL MEETING OF DECEMBER 20, 2016 DATE: JANUARY 6, 2017 S:\COUNCIL REPORTS\2017\01-17-17\03 Minutes December 20\122016.FINAL.docx Public Hearing Item #11 – continued Bess Wiersema, applicant representative - Commented on the basis of the appeal. Craig Sawyer - Commented in support of the project. Peter Rehon - Commented in opposition to the project. Chuck Page - Commented in support of the project. Tom Ward - Commented in support of the project. Roger Smullen - Commented in opposition to the project. Barton Hechtman, applicant representative - Addressed comments. Lisa Roberts and Dede Smullen, appellants’ representatives - Addressed comments. Closed Public Comment. Council discussed the matter. MOTION: Motion by Council Member Marcia Jensen to deny an appeal and uphold the Planning Commission decision approving Architecture and Site application S-15-077 with modification to conditions for stronger tree protection language (Resolution found in Attachment 26). Seconded by Council Member Steve Leonardis. RESOLUTION #? VOTE: Motion passed unanimously. MOTION: Motion by Mayor Marico Sayoc to extend the meeting to 12:20 a.m. Seconded by Vice Mayor Rob Rennie. VOTE: Motion passed unanimously. PAGE 7 OF 7 SUBJECT: DRAFT MINUTES OF THE TOWN COUNCIL MEETING OF DECEMBER 20, 2016 DATE: JANUARY 6, 2017 S:\COUNCIL REPORTS\2017\01-17-17\03 Minutes December 20\122016.FINAL.docx OTHER BUSINESS 12. Receive an update on the Almond Grove Phase II Project Lisa Petersen, Town Engineer, presented the staff report. Opened Public Comment. Angelia Doerner - Commented on putting in a street light at Massol and Highway 9 . Closed Public Comment. Council discussed the matter. 13. Provide direction on next steps for the Parking and Infrastructure Ad Hoc Committee Item was not heard ADJOURNMENT The meeting adjourned at 12:15 a.m. Attest: _____________________________________ Shelley Neis, Clerk Administrator