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1DRAFT Council Meeting: 2/4/13 Item: k MINUTES OF THE TOWN COUNCILWARKING AUTHORITYISUCCESSOR AGENCY MEETING JANUARY 22, 2013 The Town Council of the Town of Los Gatos conducted a Special Meeting on "Tuesday, January 22, 2013 at 5:00 P.M. �11_111 1,01701*41.1 MITI K01.1 ROLL CALL Present: Mayor Barbara Spector, Vice Mayor Steven Leonardis, and Council Members Marcia Jensen, Diane McNutt, and Joe Pirzynski. Absent: None DISCUSSION TOPIC Capital Improvement Program Study Session - Discuss and provide input regarding priorities for Capital Improvement Funding 'Todd Capurso, Director of Parks and Public Works, presented the staff report. Opened and closed the public hearing Council discussed revenue sources, projects, and priorities, as presented by staff, and recommended changes to the priorities list. General direction from Council included the -following: - Focus on using the first tier of resources ($5.3 million) for the Capital Improvement Program; - Priorities for FY 2013/14 are Almond Grove and projects that address safety concerns; Remove project regarding LED digital parking signs in downtown parking lots. Other comments included: - Support for parks improvements;- - Support for electric vehicle charging stations; - Unlikelihood of funding available for downtown parking garage; - Potential for using excess reserves for safety projects; - Interest in ongoing -funding stream for streets maintenance. ADJOURNMENT The study session adjourned at 6:13 p.m. Page I DRAFT Council Meeting: 2/4/13 Item: a. Interview applicants for the vacant positions on Town Boards, Commissions, and Committees - Community and Senior Services Commission (1 vacancy, 1 applicant) - Library Board (1 vacancy, 2 applicants) - Council interviewed Bido Baines for Community and Senior Services Commission and Renee Munshi for Library Board. Shelley Katz interviewed for Library Board on December 10, 2012. PLEDGE OF ALLEGIANCE Chloe Howard, Saint Andrews Episcopal School, led the Pledge of Allegiance. PRESENTATION Mayor Spector presented end of term commendations to the following for their service: • Library Board - Deborah Behrman • Parks Commission - Barbara Holden • Planning Commission - Marcia Jensen APPOINTMENTS - The Town Council voted and appointed Shelley Katz to the Library Board and Bido Baines to the Community and Senior Services Commission. COUNCIL /TOWN MANAGER REPORTS Council Matters - Council Member McNutt commented that at a future meeting, Council should establish firm deadlines for submitting items to the Council so everyone has sufficient time to review the materials before a meeting. - Mayor Spector announced that the Museums of Los Gatos will try to locate alternate sites for the "Love- Locks" and possibly host a public art program around the idea. Manager Matters - Mr. Larson commented on the new Art in the Council Chambers exhibit. Did You Know...? Cpl. Erin Lunsford, Los Gatos -Monte Sereno Police Department - Commented on the successful work of the Victim Services Unit. Page 2 DRAFT Council Meeting: 2/4/13 Item: CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION) 1 Approve Council minutes of: a. December 17, 2012 b. January 3, 2013 Special Meeting 2. Adopt a resolution establishing a Subordination Policy for the Below Market Price (BMP) Housing Program [RESOLUTION 2013-001] 3. Introduce an ordinance of the Town of Los Gatos amending Chapter 19 Parks and Recreation of the Town of Los Gatos Town Code [ORDINANCE 22121 Mazarin Vakharia, Clerk Administrator, read the title of the proposed ordinance for Consent Item #3. MOTION: Motion by Council Member Joe Pirzynski to approve Consent Items #1­3 Seconded by Council Member Marcia Jenson. VOTE: Motion passed unanimously. Ms. Cooper Expressed support for the "Love Locks." Ms. DeClose Expressed support for the "Love Locks." Ms. VanZadent - Suggested alternate locations -for the. "Love Locks." Ms. Welch Expressed support from the Art Museum in finding another location for the "Love Locks." 4. Hazardous Vegetation Abatement (Weeds) Order abatement of hazardous vegetation (weeds) Todd Capurso, Director of Parks and Public Works, presented the staff report. Page 3 DRAFT Council Meeting: 2/4/13 Item: Opened and closed the public hearing. MOTION: Motion by Council Member Joe Pirzynski to order abatement of Hazardous Vegetation (Weeds). Seconded by Vice Mayor Steve Leonardis. VOTE: Motion passed unanimously. 5. Zoning Code Amendment A -12 -003; General Plan Amendment GP -12 -004. Applicant: Town of Los Gatos. a. Consider a request for approval to amend the Town Code to incorporate the Affordable Housing Overlay into Division 5, to Article VIII Overlay Zones and Historic Preservation and consider a request for approval of a development agreement b. Consider a request for approval to change the general plan designation of the property located on the northwest corner of Knowles Drive and Capri Drive (APN 406 -28 -032) from public to office. C. Consider a request for approval to adopt AHOZ design guidelines and application of an affordable housing overlay to five properties generally located at the following: 1. Northwest corner of Knowles Drive and Capri Drive. APN 406 -28 -032. 2. Knowles Drive east of Winchester Boulevard. APN 424 -32 -077. 3. West Side of Oka Road, north of the Jewish Community Center. APN 424 -08 -074. 4. East Side of Oka Road, south of the Los Gatos Swim and Racquet Club. APN 424 -08 -057, 5. East side of Oka Road, east of the Landmark and Los Gatos Gardens Apartments. APN 424 -08 -021. d. Consider adoption of the Addendum to the General Plan Environmental Impact Report (EIR). Wendie Rooney, Director of Community Development, presented the staff report. Council Questions - Questioned the timing of the Housing Element cycles and its impacts on future Regional Housing Needs Allocation (RHNA) numbers Page 4 DRAFT Council Meeting: 2/4/13 Item: Item #5 -- Continued Ms. Rooney - Commented that it is best practice to start planning at the beginning of a new cycle. - Commented that if Council approved the Affordable Housing Overlay Zones (AHOZ) as proposed, the Town would meek its 2017 RHNA, but may need additional sites, if the current proposals are not adopted. Opened the public hearing. Mr. Turner - Commented that affordable housing would de -value neighboring property. Ms. Massa - Commented that the proposed locations of AHOZ sites should be re- balanced. Mr. Chinnakotla .. Expressed concern about the AHOZ Environmental Impact Report. Mr. Coker - Commented that the proposed locations of AHOZ sites should be re- balanced. Ms. Alaburda - Commented that state density bonus law is more favorable than the housing densities allowed by AHOZ. Mr. Lockridge - Commented on the need for increased noticing and outreach. Mr. Wood - Expressed concern about the-proposed AHOZ_s_ite_s_.. Mr. Sklar - Expressed concern about traffic created by the proposed AHOZ sites. Ms. Sklar - Expressed concern about traffic created by the proposed AHOZ sites. Ms. Parrish - Expressed concern about traffic created by the proposed AHOZ sites. Ms. Hinojosa - Expressed concern about traffic created by the proposed AHOZ sites. Page 5 DRAFT Council Meeting: 2/4/13 Item: Item #5 — Continued Ms. McNeill - Expressed support for affordable housing and the Town's AHOZ proposals. Mr. Blaum - Commented that the proposed locations of AHOZ sites should be re- balanced. Mr. Tiwari - Commented that the proposed locations of AHOZ sites should be re- balanced. Mr. Stafford - Commented that the proposed locations of AHOZ sites should be re- balanced. Mr. O'Mathuna - Expressed concern about traffic created by the proposed AHOZ sites. Ms.Yangzom - Commented that the proposed locations of AHOZ sites should be re- balanced. Mr. Cowan - Expressed concern about the potential effects of crime associated with affordable housing. Mr. Henny - Expressed concern about the proposed AHOZ sites. Mr. Hawk - Expressed concern about school impacts created by AHOZ. Mr. Goel - Expressed concern about school impacts created by AHOZ. Mr. Jensen - Expressed concern about the proposed AHOZ sites. Ms. Simms - Expressed concern about the proposed AHOZ sites. Mr. Sun - Commented on the need for increased noticing and outreach. Page 6 DRAFT Item #5 — Continued Council Meeting: 2/4/13 Item: Mr. Hardar - Commented that the proposed locations of AHOZ sites should be re-balanced. Ms. Robinson - Expressed concern about traffic created by the proposed AHOZ sites. Ms. Martin - Expressed concern about traffic created by the proposed AHOZ sites. Mr. Shaftel - Expressed concern about the proposed AFIOZ sites. Mr. Land - Commented on the need for increased noticing and outreach. Mr. Benjamin - Commented on the need for increased noticing and outreach. Mr. Purcell - Expressed support for the Town's AHOZ proposal. Mr. Taco - Expressed concern about the data used to formulate reports. Mr. Bryan - Expressed concern about the impacts on schools created by AFIOZ. Mr. Oakley-Givvan - Expressed concern about the AHOZ--Environmental Impact Report. Mr. Dunlay - Expressed concern about the development process and how it is slowly changing the overall character of the Town. Mr.Bulea - Expressed concern about the proposed AHOZ sites. Ms. Beglau - Commented on the need for increased noticing and outreach. Pa ge 7 DRAFT Item #5 — Continued Council Meeting: 2/4/13 Item: Ms. Melena - Expressed concern about traffic created by the proposed AHOZ sites. Mr. Kogan - Expressed gratitude to the Council and public for supporting the democratic process. Ms. Wen - Expressed concern about traffic created by the proposed AHOZ sites. Closed the public hearing. Mayor Spector called a recess at 10:03 p.m. The meeting resumed at 10:11 p.m. Council Questions - Questioned the time frame for Housing Element approval. - Questioned why staff narrowed its analysis to 5 sites instead of considering all 41 and letting development occur as it will. - Questioned the legal ramifications of the Town not meeting its RHNA numbers. - Commented that the North 40 specific plan is in progress and development there will include an unknown amount of housing. - Commented that because there are only 11 months until the start of the next Housing Element, it is better to wait. Ms. Rooney - Commented that the next Housing Element cycle starts in 2014 and technically, the Town is currently in compliance with state law. - Commented that the AHOZ is to be approved one year from the date of the Housing Element adoption, which is a March deadline this year. - Commented that -all sites were evaluated with the same criteria and- many were eliminated due to Town policies regarding commercial versus residential development; other sites were eliminated from consideration because they are already developed. - Commented that Oka Road sites are vacant and close to services and transportation. - Commented that the General Plan Committee is aware of Oka Road ingress and egress limitations due to the one -way street. - Commented that Council could decide to bifurcate sites and /or direct the General Plan Committee to consider other sites. - Commented that if the Town does not meet its RHNA numbers by March 2013, then its Housing Element may be de- certified. page 8 DRAFT Item #5 -- Continued Ms. Rooney Council Meeting: 2/4/13 Item: Commented that the ramifications for the Town not meeting its RHNA numbers are unclear and that the state would evaluate the Town's progress on affordable housing when the Town submits its next Housing Element. Commented that the Town can accomplish its RHNA numbers by alternate programs, such as secondary units or re- zoning. Commented that if -the Town does not accomplish its RHNA numbers for this cycle, then any deficit is added to the requirements for the next cycle. Mr. Larson - Commented that if AHOZ_ sites are not approved and the Town falls below its RHNA numbers, then the Town is required to submit alternative sites. u Commented that, essentially, the state certified a "conditional" Housing Element and will evaluate the RHNA during the next cycle. Commented that the Town gets credit for each affordable housing unit planned or built during the timeframe of each Housing Element cycle. Commented that the elimination of all Oka Road AHOZ sites would likely put Town below its RHNA threshold. Ms. Propp Commented that in negotiating with the state, other jurisdictions that have fallen below their RHNA numbers but have shown good faith efforts to accomplish their affordable housing goals have fared better than ones who could not show good faith efforts. MOTION: Motion by Council Member Marcia Jensen to continue the item and remand it to the General Plan Committee. Seconded by Mice Mayor Steve Leonardis. VOTE: Motion passed unanimously. Thefollowinq Council discussion occurred prior to the vote: Commented that the public process worked in this case because people participated respectfully and made valid points. Commented that many speakers supported the idea of affordable housing, and they mentioned ways it could be better achieved than the current AHOZ proposals. Commented that the General Plan Committee thought the proposed AHOZ sites were best but that it would continue to re- evaluate the sites and come up with better recommendations, based on public input. Page 9 DRAFT ADJOURNMENT The meeting adjourned at 11:15 p.m. Attest: Mazarin A. Vakharia, Clerk Administrator Council Meeting: 2/4/13 Item: Page 10