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10(b)DRAFT Council /Agency Meeting 216112 Item # i 0 MINUTES OF THE TOWN COUNCIL /PARKING AUTHORITY /REDEVELOPMENT AGENCY MEETING JANUARY 17, 2012 The Town Council of the Town of Los Gatos conducted a Regular Meeting on Tuesday, January 17, 2012 at 7:00 P.M. MEETING CALLED TO ORDER AT 7:00 P.M. ROLL CALL Present: Mayor Steve Rice, Vice Mayor Barbara Spector, Council Member Steven Leonardis, Council Member Diane McNutt, and Council Member Joe Pirzynski. Absent: None PLEDGE OF ALLEGIANCE Aliza Aitchison, Student Community and Senior Services Commissioner, led the Pledge of Allegiance. The audience was invited to participate. PRESENTATIONS Board /Commission /Committee End of Term Commendations Arts and Cultural Commission - Mary Curtis, Shawn Charnaw, Jonathan Knowles Building Board of Appeals - Adrienne McGrath, Tom Dodge Community and Senior Services Commission - Matt Guettler, Judy Glickman General Plan Committee - Chuck Sloan Parks Commission - Gary Schloh Personnel Board - Susan Kettmann, Berkeley Miller, MarLyn Rasmussen, Rob Fabela Planning Commission - Jane Ogle CLOSED SESSION REPORT There was no closed session for this meeting. COUNCIL /TOWN MANAGER REPORTS Council Matters Page 1 Manager Matters - Commented that on January 19, 2012, four Los Gatos businesses and Town staff will be profiled at the first regional Clean Tech conference. - Commented that the Town will continue to receive 100% of the sales tax revenue resulting from Netflix DVD memberships until there are some future changes to the operations of that business. The revenue will reduce the previously announced $4 million deficit by $1.5 million. - Commented that Matt Frisby from the Los Gatos Monte Sereno Police Department was recently promoted to Captain. Did You Know ?? Linda Dydo, Library Director - Commented that the Los Gatos Library closed on January 15, 2012, and that the new library facility will re -open on February 11, 2012. - Invited the public to join in the library grand opening festivities on February 11, 2012 at 10 a.m. - Commented that all online services are still available. - Commented that other public libraries are open, but fees may apply. CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION) 1. PPW Job No. 11 -13 Los Gatos Adult Recreation Center Roof Project 411- 821 -2202 a. Authorize the Town Manager to execute a construction contract with Waterproofing Associates in an amount not to exceed $66,888. b. Authorize staff to execute future change orders to the construction contract as necessary in an amount not to exceed $5,000. 2. Tract No. 10012 - The Preserve at Ross Creek (15881 Linda Avenue) Accept work of Mission Way Partners, LLC, as to a 33% interest and Stitegarnmac LLC, as to a 40.3% interest and Sardan LLC, as to a 17.8% interest and HBO LLC, as to an 8.9% interest, all as tenants in common, and authorize the Town Manager to execute a Certificate of Acceptance and Notice of Completion for recording by the Town Clerk Administrator. Page 2 Consent Items — Continued 3. PPW Job No. 11 -25 - Contractual Custodial Services for Town Facilities a. Authorize the Town Manager to execute a custodial services contract with Sunnyvale Building Maintenance for FY 2011/12 in an amount not to exceed $70,000 b. Authorize the Town Manager to execute a contract for FY 2012/13, in an amount not to exceed $150,000 /year, pending final approval of the operational budget c. Authorize the Town Manager to execute contracts for FY 2013/14 and FY 2014/15, pending budget approval TOWN COUNCIL /REDEVELOPMENT AGENCY 4. Approve Council /Agency minutes of December 19, 2011 MOTION: Motion by Council Member Joe Pirzynski to approve Consent Items #1 -4. Seconded by Vice Mayor Barbara Spector. VOTE: Motion passed unanimously. VERBAL COMMUNICATIONS (Up to three minutes may be allotted to each speaker to address matters that are not on tonight's agenda.) Mr. Weissman - Expressed concern about recreational shooting occurring near his property. PUBLIC HEARINGS 5. Hazardous Vegetation Abatement (Weeds) Adopt resolution ordering abatement of hazardous vegetation Todd Capurso, Director of Parks and Public Works, presented the staff report. Ray Moreno from Santa Clara County was available to answer questions. Open Public Hearing Page 3 Public Hearing Item #5 — continued Ms. Schaffer - Expressed concerns about the Weed Abatement Program. Closed the Public Hearing Council Comments - Requested that staff do a site visit to Ms. Schaffer's property. Mr. Capurso - Commented that staff will do a site visit to Ms. Schaffer's property. MOTION: Motion by Council Member Joe Pirzynski to adopt resolution ordering abatement of hazardous vegetation. Seconded by Council Member Steven Leonardis. VOTE: Motion passed unanimously. 6. Planned Development Application PD -10 -001 and Negative Declaration ND -10- 001. Property Location: 135 Riviera Drive. Property Owner /Applicant: Sobrato Interests IV a. Introduction of a Planned Development application for renovation and expansion of an existing apartment complex (Riviera Terrace). APNs 529 -13 -016, 529 -09 -031 and 034 b. Consider adoption of Mitigated Negative Declaration and Mitigation Monitoring Plan Judith Propp, Town Attorney - Summarized state density bonus law as it relates to the proposed project. Suzanne Davis, Senior Planner, presented the staff report. Council Questions - Questioned whether an architecture and site application is under consideration. Ms. Davis - Clarified that an architecture and site application is not under consideration. Page 4 Public Hearing Item #6 — continued Mr. Steele, Applicant - Commented that staff has been very professional and enjoyable to work with. - Commented on the history of the project and described the current proposed project. Council Members stated their disclosures. Council Questions - Questioned the plan for transitioning the current residents during and after construction. - Questioned whether the siting could be changed to increase the buffer with the creek. - Questioned why there is a stark difference between architectural styles between the old and new buildings. - Questioned the plan to rehabilitate the riparian corridor. - Questioned whether the document dated September 28, 2011, would be the riparian zone restoration plan. - Questioned whether there would be internal remodeling of units. Mr. Steele - Commented that there is a marketing plan to address various tenant transition issues. - Commented that the applicant will try to harmonize the old and new buildings through the use of color and materials - Commented that the expanded parking area may allow for more buffer space with the creek. - Clarified that the document dated September 28, 2011would be the restoration plan, but there would be additional detail added to it. - Commented that there would be internal remodeling of units, as they become vacant. Mr. Boursier - Commented that the riparian corridor is not in a good condition, and the plan is to remove invasive species and then plant native shrubs and trees. Page 5 Public Hearing Item #6 — continued Open the Public Hearing Mr. Dion - Expressed concern about the density of the proposed project. Mr. Purcell - Expressed support for the proposed project. Ms. Okane - Expressed concern about the density of the proposed project. Ms. Quintana - Expressed concern about the proposed project. Ms. Palmer - Expressed support for the proposed project. Mr. Andy Wu - Expressed concern for the proposed project. Mr. Dan Wu - Expressed support for the proposed project. Mr. Van Nada - Expressed concern for the proposed project. Council Questions - Questioned the possibility of removing Building 4 and increasing the riparian corridor by decreasing the parking. - Questioned whether the applicant considered changing the footprint of two of the buildings. Mr. Steele - Commented that removing one building would cause a significant negative impact to the proposed project. - Clarified that the preservation of heritage trees, in part, led to the current configurations of the buildings. Page 6 Public Hearing Item #6 — continued Closed the Public Hearing Council Discussion - Requested the Town Attorney to respond to members of the public regarding state density bonus law. - Commented that this project would increase the availability of rentals and affordable units, which is rare but significant opportunity and is supported by the General Plan. - Commented that the state density bonus is a mandate, but the Town does not need to add an additional bonus to the state mandate. - Commented that this is the first project dealing with state density bonus law and there is enough evidence to show that proposed project complies with the law. - Commented that the developer has a good plan for the riparian corridor, which needs to be restored. - Commented that the possible elimination of parking spaces should be reviewed as part of the Architecture and Site application. Ms. Propp - Commented on California density bonus case law. Mayor Rice instructed Mazarin Vakharia, Clerk Administrator, to read the title of the title of the proposed ordinance. 111 Page 7 Public Hearing Item #6 — continued MOTION: Motion by Council Member Joe Pirzynski to approve the application as follows: 1. Waive the reading of the proposed ordinance. 2. Adopt the Mitigated Negative Declaration (Exhibit 2 of Attachment 1) and the Mitigation Monitoring Plan (Attachment 14) 3. Adopt findings supporting the zone change (Attachment 13), approve the application subject to the performance standards included in the Planned Development Ordinance, and introduce the ordinance of the Town of Los Gatos Effecting the zone change from RM:12 -20 to RM:12 -20:PD (Attachment 15). 4. Incorporate the following performance standards into the planned development ordinance: The following recommendations of the Santa Clara Valley Water District shall be incorporated into the creek restoration plan: a. Mitigation of the sycamore tree shall comply with the Guidelines and Standards for Land Use Near Streams for native riparian species used within or near the riparian corridor. b. Any planting that occurs while the District is still controlling giant reed at the site needs to allow for the District's continued activities, or the property owner may take on the responsibility for controlling giant reed at the site. . c. California bay shall be deleted from the planting list (Table 1). d. The seed list (Table 2) should include the use of seed produced from selections originally collected in Santa Clara County, and at a minimum, from the San Francisco Bay Area. 5. Direct the Planning Commission to review Architecture and Site application. 6. Incorporate two administrative changes as follows: - 25 affordable units and 24 low income units and one moderate unit - condition 4: 25 total and 24 low income units. 7. Incorporate Attachment 16 as a performance standard for the continuing restoration of the creek 8. Obtain required government agencies permits 9. Include a performance standard for a transition plan for all residents, not just residents moving into affordable units. Seconded by Council Member Diane McNutt. VOTE: Motion passed unanimously. Page 8 OTHER BUSINESS There was no other business for this meeting. ADJOURNMENT The meeting adjourned at 9:05 p.m. Attest: Mazarin A. Vakharia Clerk Administrator Page 9 THIS PAGE INTENTIONALLY LEFT BLANK