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Staff Report TC 110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832 www.losgatosca.gov TOWN OF LOS GATOS COUNCIL AGENDA REPORT MEETING DATE: 08/15/2017 ITEM NO: 1 DRAFT MINUTES OF THE TOWN COUNCIL MEETING AUGUST 1, 2017 The Town Council of the Town of Los Gatos conducted a Regular Meeting on Tuesday, August 1, 2017, 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 Mayor Sayoc led the Pledge of Allegiance. The audience was invited to participate. COUNCIL/TOWN MANAGER REPORTS Council Matters - Council Member Steve Leonardis stated he attended the Santa Clara Valley Water District meeting on behalf of Council Member Spector. - Council Member Marcia Jensen stated she attended two Council Policy Committee meetings. - Mayor Marico Sayoc stated she attended two Council Policy Committee meetings and two West Valley Mayors/Managers meetings. - Vice Mayor Rob Rennie stated he attended the Los Gatos-Saratoga Recreation Senior Picnic with Mayor Sayoc, met with a citizen regarding a Local Agency Formation Commission (LAFCO) meeting, attended several Silicon Valley Clean Energy Authority (SVCEA) meetings, and participated in a meeting hosted by Bay Area Air Quality Management District (BAAQMD) with other Community Choice Aggregate chairs. - Council Member Barbara Spector stated she met with developers and community members, and attended the Town block party. Manager Matters - Introduced two new employees, Ryan Baker, Library Director and Ying Smith, Transportation and Mobility Manager. - Announced the Library is wrapping up summer reading and is distributing prizes . - Announced Leadership Los Gatos recruitment is underway. Registration and information materials may be found on the Los Gatos Chamber of Commerce website. PAGE 2 OF 6 SUBJECT: DRAFT MINUTES OF THE TOWN COUNCIL MEETING OF AUGUST 1, 2017 DATE: AUGUST 2, 2017 CONSENT ITEMS 1. Approve Closed Session minutes of June 27, 2017. 2. Approve Council minutes of June 20, 2017. 3. Approve Special Council minutes of July 24, 2017. 4. Accept report on Town Manager approved actions during the Town Council legislative recess. 5. 108 Sierra Linda Refurbishment Authorize a budget adjustment transfer in the amount of $50,348.20 from the Below Market Price (BMP) Housing In-lieu Fee Fund to the BMP Housing Program in the General Fund to cover the refurbishment costs for the unit. 6. Adopt a resolution to set a date for consideration of a reorganization of an uninhabited area designated as Shannon Road No. 28, approximately 12.95 acres on property pre-zoned HR- 2½:PD. APN 537-25-002. Annexation Application AN17-002. Property Location: 15215 Shannon Road. Property Owner/Applicant: Fred Sahadi. RESOLUTION 2017-040 7. Adopt a resolution to set a date for consideration of a reorganization of an uninhabited area designated as Topping Way No. 7, approximately 0.33 acres on property pre-zoned R-1:8. APN 532-09-018. Annexation Application AN17-004. Property Location: 16666 Topping Way. Property Owner/Applicant: Arthur Lin. RESOLUTION 2017-041 8. Adopt a resolution to set a date for consideration of a reorganization of an uninhabited area designated as Marchmont No. 5, approximately 1.54 acres on property pre -zoned R-1:8. APN 532-09-031. Annexation Application AN17-003. Property Location: 16501 Marchmont Drive. Property Owner/Applicant: Skylar Sellars. 9. Adopt a resolution to set a date for consideration of reorganization of an uninhabited area designated as Englewood Avenue No. 11, approximately 0.47 acres on property pre -zoned R-1:20. APN 532-05-014. Annexation Application AN17-005. Property Location: 16457 Englewood Avenue. Property Owner: Clayton Wayman. Applicant: Eric Beckstrom. RESOLUTION 2017-042 10. Reject all bids for the Stonybrook/Kennedy Sidewalk Project Number 15-813-0219. 11. Reject all bids for the Crosswalk Improvements Project Number 16-812-0125. MOTION: Motion by Council Member Marcia Jensen to approve the Consent Items, exclusive of Item #8 which was withdrawn by the applicant per the Desk Item. Seconded by Vice Mayor Rob Rennie. VOTE: Motion passed unanimously. VERBAL COMMUNICATIONS Robert Macartney - Commented on weekend traffic. PAGE 3 OF 6 SUBJECT: DRAFT MINUTES OF THE TOWN COUNCIL MEETING OF AUGUST 1, 2017 DATE: AUGUST 2, 2017 Verbal Communications – continued Rusty Rinehart, Kiwanis Club of Los Gatos, Co-Chair of Fiesta de Artes - Commented on the use of food trucks for Fiesta de Artes. Randi Chen, Los Gatos Chamber of Commerce - Commented on the use of food trucks and the survey taken of downtown restaurants for Fiesta de Artes. John Shepardson - Commented on pension increases for police officers, employer unfunded liabilities, increased traffic, big development, roads in poor condition, and suggested a special parcel tax to fund the police department. OTHER BUSINESS 12. Recommendation that the Town Council adopt a Records Management Program Policy. POLICY 2-02 Arn Andrews, Assistant Town Manager, presented the staff report. Opened and closed Public Comment. Council discussed the matter. MOTION: Motion by Council Member Marcia Jensen to approve a Records Management Policy. Seconded by Vice Mayor Rob Rennie. VOTE: Motion passed unanimously. 13. Recommend to the Town Council revisions to the Town Council Agenda Format and Rules Policy. POLICY 2-01 Arn Andrews, Assistant Town Manager, presented the staff report. Opened Public Comment. Angelia Doerner - Suggested accommodations be made for disabled and those who may have young kids at home and are unable to stay until the end of the meeting. PAGE 4 OF 6 SUBJECT: DRAFT MINUTES OF THE TOWN COUNCIL MEETING OF AUGUST 1, 2017 DATE: AUGUST 2, 2017 Other Business Item #12 – continued Markene Smith - Commented in opposition to the policy change. Closed Public Comment. Council discussed the matter. MOTION: Motion by Council Member Marcia Jensen to approved the modification to the Policy. Seconded by Vice Mayor Rob Rennie. VOTE: Motion passed 3/2. Council Member Steve Leonardis and Council Member Barbara Spector voting no. 14. Authorize the Town Manager to enter into a Revenue Agreement with the County of Santa Clara in the amount of $17,000 for a Senior Transportation Pilot Program. Laurel Prevetti, Town Manager, presented the staff report. Opened and closed Public Comment. Council discussed the matter. MOTION: Motion by Council Member Barbara Spector to enter into a Revenue Agreement with the County of Santa Clara in the amount of $17,000 for a Senior Transportation Pilot Program. Seconded by Vice Mayor Rob Rennie. VOTE: Motion passed unanimously. PUBLIC HEARINGS 15. Consider the 2017 Weed Abatement Program Assessment Report from the County of Santa Clara Consumer and Environmental Protection Agency and adopt a resolution confirming the report and authorizing collection of the assessment charges. RESOLUTION 2017-043 Lisa Petersen, Town Engineer, presented the staff report. Opened and closed Public Comment. Council discussed the matter. PAGE 5 OF 6 SUBJECT: DRAFT MINUTES OF THE TOWN COUNCIL MEETING OF AUGUST 1, 2017 DATE: AUGUST 2, 2017 Public Hearing Item #15 – continued MOTION: Motion by Council Member Marcia Jensen to adopt a resolution (Attachment 2) confirming the 2017 Weed Abatement Program Assessment Report from the County of Santa Clara Consumer and Environmental Protection Agency and authorizing collection of the assessment charges. Seconded by Vice Mayor Rob Rennie. VOTE: Motion passed unanimously. 16. North Forty Phase 1. Architecture and Site Application S -13-090, Vesting Tentative Map Application M-13-014. Property Owners: Yuki Farms, ETPH LP, Grosvenor USA Limited, Summerhill N40 LLC, Elizabeth K. Dodson, and William Hirschman. Applicant: Grosvenor USA Limited. Requesting approval for the construction of a new multi-use, multi-story development consisting of 320 residential units, which includes 50 affordable senior units; approximately 66,000 square feet of commercial floor area, which includes a market hall; on-site and off-site improvements; and a Vesting Tentative Map. This project is within the scope of the Specific Plan program approved earlier and the Specific Plan program EIR adequately describes the project for the purposes of CEQA. APNS: 424-07-024 through 027, 031 through 037, 070, 083 through 086, 090, and 100. RESOLUTION 2017-044 and RESOLUTION 2017-045 The public hearing is being held pursuant to a court order directing the Town Council to set aside the denial of the North Forty Development Applications and reconsider the Applications under the provisions of Government Code §65589.5(j) known as the Housing Accountability Act. (CONTINUED FROM July 24, 2017 - The Town Council opened and closed the Verbal Public Comment for this item at the July 24, 2017 Town Council Meeting.) Robert Schultz, Town Attorney, presented the staff report. Council discussed the matter. MOTION: Motion by Council Member Marcia Jensen to adopt a resolution (Attachment 10) to set aside Resolution 2016-046 denying the Vesting Tentative Map and Architecture and Site applications. Seconded by Vice Mayor Rob Rennie. VOTE: Motion passed 4/1. Council Member Steve Leonardis voting no. PAGE 6 OF 6 SUBJECT: DRAFT MINUTES OF THE TOWN COUNCIL MEETING OF AUGUST 1, 2017 DATE: AUGUST 2, 2017 Public Hearing Item #16 – continued MOTION: Motion by Council Member Marcia Jensen to approve the application and adopt the resolution contained in Attachment 12 with the following findings: 1) the entire record; 2) the transcript of September 1, 2016, pages 31-33, and 85-90; 3) the project is in compliance with the North 40 Specific Plan including, but not limited to the following: Sections 1.4, Section 1.5.1, Table 2-2, Section 2.5.2 (a)(ii), Section 2.5.4, Section 2.5.4 (d), Section 2.5.8, Table 2-4, Section 2.5.9, Section 2.6, Table 2-6, and Section 4.1 Policy C5; and 4) incorporate the following modified conditions of approval contained in Attachment 18 and agreed to by the applicant in their letter contained in pages 30 through 33 of Attachment 20: #4, #10, #13 if there is a plan in place, #24, #58, #103, #107, #108, #115, #139, #148, #149, #153, #161, Vesting Tentative Map #7 on a quarterly basis, and Vesting Tentative Map #22. AMENDMENT: Include in the motion modified condition #2 Exhibit E pertaining to alternative floor plans, Exhibit G pertaining to trees, and the trees planted pursuant to Exhibit G shall be of a sufficient number and size to attain visual and air quality screening; and amended condition #8 that the Applicant shall install from the multi-use trail a Class II or better bike lane extending west to the connection point with the Los Gatos Creek Trail . AMENDMENT: Include in the motion modified condition #7 that the proposed BMP units must be available and/or occupied prior to final occu pancy issuance for the 187th market rate unit. Seconded by Vice Mayor Rob Rennie. VOTE: Motion passed 3/2. Council Member Barbara Spector voting no and Council Member Steve Leonardis abstaining. ADJOURNMENT The meeting adjourned at 9:42 p.m. Attest: _____________________________________ Shelley Neis, Clerk Administrator