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M01-22-13 Council Meeting: 2 /4 /13 I tem:1 Page 1 MINUTES OF THE TOWN COUNCIL/PARKING AUTHORITY/SUCCESSOR 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. STUDY SESSION CALLED TO ORDER - 5:00 P.M. ROLL CALL Present: Mayor Barbara Spector, Vice Mayor Steven Leonardis, and Council Member s 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 milli on) for the Capital Im provement 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 elec tric 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. A DJOURN MENT T he study session adjourned at 6:13 p.m. DRAFT Council Meeting: 2/4/13 Item: Page 2 BOARDS/COMMISSION/COMMITTEES INTERVIEWS - 6:30 P.M. 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. REGULAR BUSINESS MEETING CALLED TO ORDER - 7:00 P.M. 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  Pla nning 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 Mat ters - 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 s t ated she would meet with the Town Manager to discuss how the Town could identify a location for the Love Locks and then she would report out at one of the Council’s February meetings. Manager Matters - Mr. Larson commented on the new Art in the Council Cha mbers exhibit. - Commented that The Museums could be involved with finding an alternative site for the Love Locks. Did You Know...? C pl. Erin Lun sford, Los Gatos -Monte Sereno Police Department - C ommented on the successful work of the Victim Services Unit. DRAFT Council Meeting: 2/4/13 Item: Page 3 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 [RESO LUTION 201 3 -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 2212] 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 #1 -3 Se conded by Council Member Marcia Jensen . VOTE: Motion passed unanimously. VERBAL COMMUNICATIONS 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 .” PUBLIC HEARINGS 4. Hazardous Vegetation Abatement (Weeds) Order abatement of hazardous vegetation (weeds) Todd Capurso, Director of Parks and Public Works, presented the staff report. Opened and closed the public hearing. DRAFT Council Meeting: 2/4/13 Item: Page 4 Item #4 – Continued MOTION: Motion by Council Member Joe Pirzynski to order a bat ement of Hazardous Vegetation (Weeds ) Se conded 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 designatio n 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 properti es 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 DRAFT Council Meeting: 2/4/13 Item: Page 5 Item #5 – Continued Ms. Rooney - Commented that it is best practice t o start planning at the beginning of a new cycle . - Commented that i f C ouncil approved the A ffordable H ousing O verlay Z ones (AHOZ) as proposed, the Town would meet its 2017 RHN A, but may need additional site s, if the current proposals are not adopted. Open ed the public hearing. Mr. Turner - Commented that affordable housing would de -value neighboring property. Ms. Massa - Commented that the proposed location s 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 sites. 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. DRAFT Council Meeting: 2/4/13 Item: Page 6 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 -balan ced. 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 A HOZ sites. Ms.Yangzom - Commented that the proposed locations of AHOZ sites should be re -balanced. Mr. Cowan - Expressed concern about the potential effect s 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. DRAFT Council Meeting: 2/4/13 Item: Page 7 Item #5 – Continued 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 AHOZ sites. Mr. Land - Commented on the need for increas ed 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 AHOZ . 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. DRAFT Council Meeting: 2/4/13 Item: Page 8 Item #5 – Continued 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 Question s - Questioned the time fram e for Housing Element approval. - Que stioned why staff narrowed its analysis to 5 sites instead of considering all 41 and lettin g development occur as it will. - Questioned the legal ramifications of the Tow n not meeting its RHNA numbers . - Commented that the No r th 40 specific plan is in progres s and development there will include an unknown amount of housing. - Commented that because there are only 11 months un til 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 currentl y 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 sam e criteria and many were eliminated due to Town policies regarding commercial versus residential development; other sites were eliminated from consideration beca use 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 limi tations due to the one -way street. - Commented that Council could decide to bifurcate sites and /or direct the G eneral P lan C ommittee to cons i der other sites. - Commented that if the Town does not meet its RHNA numbers by March 2013, then its H ousing Element may be de -certified. DRAFT Council Meeting: 2/4/13 Item: Page 9 Item #5 – Continued Ms. Rooney - Commented that the ramifications for the Town not meeting its RHNA numbers are unclear and that t he state would evaluate the Town's progress on affordable housing when the To wn 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 Tow n 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 alternativ e sites. - 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 ti meframe of each Housing Element cycle. - Commented that the eliminat ion 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. Se conded by Council Member Joe Pirzynski . VOTE: Motion passed unanimously. The following 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. DRAFT Council Meeting: 2/4/13 Item: Page 10 ADJOURN MENT The meeting adjourned at 11:15 p.m. Attest: __________________________________________ /s/Mazarin A. Vakharia , Clerk Administrator