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M04-02-19 110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832 www.losgatosca.gov TOWN OF LOS GATOS COUNCIL AGENDA REPORT MEETING DATE: 04/16/2018 ITEM NO: 1 MINUTES OF THE TOWN COUNCIL MEETING APRIL 2, 2019 The Town Council of the Town of Los Gatos conducted a Regular Meeting on Tuesday, April 2, 2019, at 7:00 p.m. MEETING CALLED TO ORDER AT 7:00 P.M. ROLL CALL Present: Mayor Steven Leonardis, Vice Mayor Marcia Jensen, Council Member Rob Rennie, Council Member Marico Sayoc, Council Member Barbara Spector. Absent: None PLEDGE OF ALLEGIANCE Seth Strell led the Pledge of Allegiance. The audience was invited to participate. CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION) 1. Approve Closed Session meeting minutes of March 19, 2019. 2. Approve Council minutes of March 19, 2019. 3. Authorize the Town Manager to enter into a voluntary collection agreement with Airbnb to collect transient occupancy taxes owed to the Town from short -term rental operators in Los Gatos using the Airbnb Platform. MOTION: Motion by Vice Mayor Jensen to approve the Consent Items. Seconded by Mayor Leonardis. VOTE: Motion passed unanimously. VERBAL COMMUNICATIONS Suzy Tavana - Inquired about the types of material used for playing fields to protect children from injury and if any concussion training is required for those renting the fields. PAGE 2 OF 5 SUBJECT: MINUTES OF THE TOWN COUNCIL MEETING OF APRIL 2, 2019 DATE: APRIL 8, 2019 PUBLIC HEARINGS 4. Planned Development Application PD-16-002 and Environmental Impact Report EIR-17-001. Project Location: 16100 Greenridge Terrace. Property Owner: Emerald Lake Investments LLC. Applicant: Kohlsaat and Associates, Inc. Requesting approval to rezone a property zoned HR-2½ to HR-2½:PD, to subdivide one lot into eight lots, and to remove large protected trees on property zoned HR-2½. APN 527-12- 002. RESOLUTION 2019-013 Sean Mullin, Associate Planner, presented the staff report. Opened Public Comment. David Fox, applicant - Described the proposal and commented on the project. David Weissman - Commented in favor of Alternative Three in the Environmental Impact Report (EIR). Susan Fish - Commented in opposition of the development. David Rossi - Commented in favor of the development. Dennis Byron - Commented in favor of the development. Jennifer Croll - Commented in favor of the development. Lee Quintana - Commented on the layout of the proposed subdivision. Gary Kohlsaat and David Fox, applicant - Responded to comments. Closed Public Comment. Council discussed the matter. PAGE 3 OF 5 SUBJECT: MINUTES OF THE TOWN COUNCIL MEETING OF APRIL 2, 2019 DATE: APRIL 8, 2019 Public Hearing Item #4 – continued MOTION: Motion by Vice Mayor Jensen to adopt a resolution to certify the final EIR; make CEQA Findings of Fact (Attachment 4, Exhibit A); adopt the Mitigation Monitoring and Reporting Program (Attachment 2); make the required finding that the zone change is internally consistent with the General Plan, its elements, and other required findings (Attachment 3); introduce an ordinance by title only; include a scenic easement requirement with the subdivision approval; and make the required finding for the driveway length exception . Seconded by Council Member Sayoc. VOTE: Motion passed unanimously. The Deputy Clerk read the title of the motion. OTHER BUSINESS 5. Approval of an Exclusive Negotiating Agreement (ENA) with Imwalle Asset Management Company to lease and develop commercial properties located at 4 Tait Avenue and 75 Church Street in the Town of Los Gatos. Robert Schultz, Town Attorney, presented the staff report. Opened Public Comment. Tom Spilsbury - Commented on the parking concerns for Forbes Mill and requested to be included in the discussions regarding parking. Don Imwalle, Imwalle Asset Management - Commented on his firm’s qualifications and offered to meet with neighboring property owners. Closed Public Comment. Council discussed the matter. MOTION: Motion by Council Member Spector to authorize the Town Manager to execute an Exclusive Negotiating Agreement (ENA) with Imwalle Asset Management Company to Lease and develop the commercial properties located 4 Tait Avenue and 75 Church Street. Seconded by Council Member Sayoc. VOTE: Motion passed unanimously. PAGE 4 OF 5 SUBJECT: MINUTES OF THE TOWN COUNCIL MEETING OF APRIL 2, 2019 DATE: APRIL 8, 2019 PUBLIC HEARINGS 6. Minor Residential Development Application MR-18-008. Project Location: 11 Peralta Avenue. Property Owner: Wendy Fan Kandasamy. Applicant: Tony Jeans. Consider an appeal of a Planning Commission decision approving a request for construction of an addition to an existing second story of a pre-1941 single-family residence on property zoned R-1:8. APN 510-42-073. RESOLUTION 2019-014 Sally Zarnowitz, Planning Manager, presented the staff report. Opened Public Comment. John Fox, appellant - Commented on the reasons for the appeal. Tony Jeans, applicant - Described the proposal and commented on the project. Ed Winn - Commented in opposition to the project. Art Monk - Commented in opposition to the project. Tony Jeans, applicant - Responded to comments. John Fox, appellant - Responded to comments. Closed Public Comment. Council discussed the matter. MOTION: Motion by Mayor Leonardis to uphold the appeal of the Planning Commission decision and deny construction of an addition to an existing second story of a pre-1941 single-family residence. Motion failed for lack of a second. PAGE 5 OF 5 SUBJECT: MINUTES OF THE TOWN COUNCIL MEETING OF APRIL 2, 2019 DATE: APRIL 8, 2019 Public Hearing Item #6 – continued MOTION: Motion by Council Member Sayoc to deny the appeal of the Planning Commission decision for construction of an addition to an existing second story of a pre-1941 single-family residence and retain the garage condition as approved by the Planning Commission. Seconded by Vice Mayor Jensen. VOTE: Motion passed 4/1. Mayor Leonardis voting no. COUNCIL/TOWN MANAGER REPORTS Council Matters - Council Member Sayoc stated she had nothing to report. - Council Member Spector stated she met with community members. - Mayor Leonardis stated he attended the West Valley Mayors and Managers meeting. - Vice Mayor Jensen stated she had nothing to report. - Council Member Rennie stated he performed ribbon cuttings for State Farm Agent Pamela Noyce, Hamilton Chiropractic, and Dancing Yogi; and he attended the Housing Trust lunch, and the Valley Transportation Agency (VTA) Congestion Management and Capital Program Sub-committee meetings. Manager Matters - Announced Spring into Green is Sunday, April 14, 2019 at Town Plaza Park 10:00 a.m. to 1:00 p.m. - Announced the Adult Commissioner application deadline has been extended to 4:00 p.m. June 7, 2019 and interviews rescheduled to June 18, 2019. - Announced the Youth Commissioner application deadline is 4:00 p.m. May 3, 2019 and interviews are scheduled for May 14, 2019. ADJOURNMENT The meeting adjourned at 9:58 p.m. Attest: _____________________________________ /s/ Shelley Neis, Town Clerk