Attachment 18TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE : 12 /20 /2016
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 Tue sday,
December 6, 2016, at 7 :00 p.m .
REGULAR MEETING CALLED TO ORDER AT 7:10 P.M .
ROLL CALL
Present : Mayor Marice 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 part ici pate.
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 Christma s Parade, the
Tree Lighting at the Terraces, and the Council Finance Comm ittee meeting.
Council Member Marcia Jensen stated she attended the Los Gatos Hospitality Association
meeting.
Mayor Marice Sayoc stated she attended the Council Policy Committee meeting, the
General Plan Committee meeting, and the Santa Clara County Health Citie s meeti ng with
Director Morley; and she served at the Los Gatos-Saratoga Recreation Department Annua l
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 d i nner, the
Terraces Tree Lighting, the Charities Housing opening of a new affordable housing comple x,
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
Christma s Parade .
110 E. Main Street Lo s Gatos, CA 95030 • 408-354-6832
www .lo sgatosca.gov ATTACHMENT 18
PAGE 2 OF 7
SUBJECT: 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:
VOTE:
Motion by Council Member Marcia Jensen to approve the Consent
Items . Seconded by Vice Mayor Rob Rennie.
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/ Appel lant: 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
SUBJ ECT: MINUTES OF THE TOWN CO UNCIL MEETING OF DECEMBER 6, 201 6
DA T E: D ECEM BER 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 Stra ight
Commented in oppos ition of the project.
Pat Tillman
Commented in opposi tion of the project.
Nick William son
Commented in opposition of the project.
Debr a Chin
Commented in opposition of the project.
Eric Morley
Commented in support of the project .
Barton Hechtman, appellant representatives
Address ed comments.
Clo sed Public Comment.
Council discus sed the matter.
MOTION:
VOTE :
Motion by Council Member Marcia Jensen to deny the appeal as the
requ i red findings cannot be made ; the project does not comply w i th the
Hill side Gu idelines, Tr e e Ordinance, or Cellar Policy ; and adopt the
resolution in Attachment 14 . Seconded by Vice Mayor Rob Rennie . Vice
Mayor Rennie withdrew second.
Motion failed for lack of a second.
PAGE 4 OF 7
SUBJECT : MINUTES OF THE TOWN COUNCIL MEETING OF DECEMBER 6, 2016
DATE: DECEMBER 7, 2016
Public Hearings Item #4 -continued
MOTION :
VOTE :
MOTION :
VOTE :
Recess at 9:46 p.m.
Motion by Council Member Barbara Spector to remand the project to
the Plann i ng 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 sq uare
footage to reduce the vi sibility from Maggi Court. Seconded by Vice
Mayor Rob Rennie. Vice Mayor Rennie withdrew second .
Motion failed for lack of a second .
Motion by Mayor Marico Sayoc to return the project to the applicant
because new information was submitted to Council du r ing the appeal
process that wa s not readily and reasonably ava ilable to Planning
Commission, and direct the applicant to : 1) consider the proposed
modification and other modifications that would reduce the
appearance and ma ss 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
create s the height above the ga rage; 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.
Motion passed 3/2. Council Members Marcia Jensen and Barbara
Spector voting no.
Reconvened at 9 :55 p.m.
OTHER BUS INESS
At the direction of the M ayor, Item 8 was heard out of order.
8. Receive the First Quarter Inve stment 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: 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:
VOTE:
Motion by Council Member Steve Leonardis to approve the staff
recommendation contained in the staff report . Seconded by Council
Member Barbara Spector.
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:
VOTE:
Motion by Council Member Steve Leonardis to approve the staff
recommendation contained in the staff report. Seconded by Council
Member Barbara Spector.
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 : MINUTES OF THE TOWN COUNCIL MEETING OF DEC EMBER 6, 2016
DATE : D ECE MBER 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
recommend ation contained in the staff report and provide a report to
Council on the effects and consequences of the policy 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 Man ager to execute an Agreement with W-Trans for
engineering consulting services in an amount not to exceed $66,000.
PAGE 7 OF 7
SUBJECT: MINUTES OF THE TOWN COUNCIL MEETING OF DECEMBER 6, 2016
DATE: DECEMBER 7, 2016
ADJOURNMENT
The meeting adjourned at 11:36 p.m.
Attest:
/sf Shelley Neis, Clerk Administrator
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