Minutes BDRAFT Town Council Meeting 4/7/14
Item # 9 Jv"
MINUTES OF THE TOWN COUNCIL /PARKING AUTHORITY MEETING
MARCH 24, 2014
The Town Council of the Town of Los Gatos conducted a Special Meeting on Monday,
March 24, 2014, at 7:00 p.m.
CLOSED SESSION — 5:45 P.M.
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Government Code Section 54956.9 fd1f11 )
Name of Cases:
• Keifer v. Ackeman
Shepard v. Bank of West; Town of Los Gatos
Sagheri v. Town of Los Gatos
PUBLIC EMPLOYEE PERFORMANCE EVALUATION
GGovernment Code Section 54957(b)(1)1
Title: Town Attorney
MEETING CALLED TO ORDER AT 7:00 P.M.
ROLL CALL
Present: Mayor Steven Leonardis, Vice Mayor Marcia Jensen, Council Member Joe
Pirzynski, Council Member Diane McNutt, Council Member Barbara Spector.
Absent: None
PLEDGE OF ALLEGIANCE
Mayor Leonardis led the Pledge of Allegiance. The audience was invited to participate.
PRESENTATIONS
Mayor Leonardis presented a proclamation to the Kakehasi Project students from
Japan.
CLOSED SESSION REPORT
Robert Schultz, Town Attorney, stated Council met in Closed Session as duly noted on
the agenda and there is no report.
VERBAL COMMUNICATIONS
There were no verbal communications.
PUBLIC HEARINGS
Subdivision Application M -13 -003 Environmental Impact Report EIR 13
002. Property Location: 100 Prospect Avenue Property Owner/Applicant: Sister
of the Holy Names of Jesus and Mary
Consider proposed subdivision of a 10.3 acre parcel into 17 lots on property
zoned R -1:20. APN 529 -44 -005 RESOLUTION 2014 -015
Public Hearings Item #1 — continued
Suzanne Avila, Senior Planner, presented the staff report.
Sister Mary Pat Leroy, applicant, spoke on the project.
Opened the Public Hearing at 7:29 p.m.
Susan Kankel
- Spoke in favor of the project and expressed concerns about construction traffic
management.
Mark von Kaenel
- Spoke in favor of the project and expressed concerns about construction traffic and
traffic control.
Melissa MacDonald
- Spoke in favor of the project.
Lee Quintana
- Spoke in favor of the project.
Sister Mary Pat, applicant, addressed comments.
Eric Morley, addressed comments.
Closed the Public Hearing at 7:44 p.m.
Council discussed the matter.
MOTION: Motion by Council Member Diane McNutt to certify the
Environmental Impact Report in Exhibits 1 and 2 of Attachment 1,
adopt the Mitigation Monitoring and Reporting Plan in Attachment
7, make the required findings in Attachment 8, adopt a resolution to
approve the development plans in Exhibit B (Exhibit 9 of
Attachment 1) and the Subdivision Application M -13 -003 in
attachment 9, subject to conditions in Exhibit A of Attachment 9
with two changes: eliminate current condition #7 and add condition
that the historic stone shall be retained and reused on site.
Seconded by Council Member Joe Pirzynski.
VOTE: Motion passed unanimously.
Town Council /Parking Authority March 24, 2014
Public Hearings — continued
Conditional Use Permit U -13 -023 Project Location 346 N Santa Cruz Avenue
Property Owner: Linda Pond Pond Family Trust Applicant: Matt Oetinger,
Fernwood Cellars
Requesting approval to operate a tasting room on property zoned C -2. APN 529-
04 -043. RESOLUTION 2014 -016
Jennifer Savage, Associate Planner, presented the staff report.
Matt Oetinger, applicant, spoke on the project.
Opened the Public Hearing at 8:05 p.m.
Ed Burke
- Spoke in favor of the project.
Maria Ristow
- Spoke in favor of the project.
Matt Oetinger, applicant, addressed comments.
Closed the Public Hearing at 8:10 p.m.
Council discussed the matter.
MOTION: Motion by Council Member Joe Pirzynski to make the required
findings in Attachment 1 and approve Conditional Use Permit 0 -13-
023 with modifications as recommended by the Planning
Commission and adopt a resolution of approval with recommended
conditions for a Conditional Use Permit (CUP) to operate a tasting
room, inclusive of language on page 4 of the staff report under
Number and Size of Tastings. Seconded by Vice Mayor Marcia
Jensen.
VOTE: Motion passed unanimously.
3. Comprehensive Fee Schedule FY 2014/15
a. Amendment of Traffic and Construction Activity Impact Mitigation Fees
(1) Adopt a resolution amending the Town of Los Gatos Traffic Impact
Mitigation Fees as provided for in Section 15.70.035 of the Town Code
RESOLUTION 2014 -017
Town Council /Parking Authority March 24, 2014
Public Hearing #3a — continued
(2) Adopt a resolution amending the Town of Los Gatos Construction
Activity Impact Mitigation Fees pursuant to Section 15.90.035(d) of the
Town Code RESOLUTION 2014 -018
Matt Morley, Director of Parks and Public Works, presented the staff report.
Opened the Public Hearing at 8:56 p.m.
Cecil Anison
- Spoke in favor of recommendation #2.
Jeff Loughridge
- Spoke in favor of recommendation #2.
Jak Van Nada
- Spoke in favor of recommendation #2.
Closed the Public Hearing at 9:04 p.m.
Council discussed the matter.
MOTION: Motion by Council Member Diane McNutt to adopt a resolution
amending the Town of Los Gatos traffic impact fees using option 3
as the structure. Seconded by Council Member Joe Pirzynski.
VOTE: Motion failed 2/3. Council Members Diane McNutt and Joe
Pirzynski voting yes. Mayor Steven Leonardis, Vice Mayor
Marcia Jensen, and Council Member Barbara Spector voting
no.
MOTION: Motion by Vice Mayor Marcia Jensen to adopt a resolution
amending the traffic impact mitigation fees as provided for in
Section 15.70.035 of the Town Code increasing the per trip fee to
$854 and adopting the method indicated in Option 2, and on an
annual basis, or before as needed or indicated by staff or by
Council members, that the structure is reviewed to determine it is
doing what is intended and doesn't have unintended
consequences; and that at the annual review a cost of living
increase or other appropriate increase be considered. Seconded
by Mayor Steve Leonardis,
4
Town Council /Parking Authority March 24, 2014
VOTE: Motion passed 3/2. Council Members Diane McNutt and Joe
Pirzynski voting no.
Public Hearings Item #3b - continued
b. Adopt resolution approving the Comprehensive Fee and Fine Schedule
FY 2014/15, to continue and amend various Town fees, rates, fines and
charges for FY 2014/15 RESOLUTION 2014 -019
Jennifer Callaway, Budget and Finance Manager, presented the staff report.
Opened and Closed the Public Hearing at 9:32 p.m.
Council discussed the matter.
MOTION: Motion by Vice Mayor Marcia Jensen to adopt the comprehensive
fee schedule with the changes that are incorporated and
highlighted with the modification to Development Services Fees on
page 18, F. Appeals, #2, to be edited to remove "where no error
was made by Planning Commission" and change "50% of original
application fee" to say "Fees based on actual cost of time and
materials." Staff to review fines for weapons, explosives, alcohol,
and illegal dumping and bring back to Council for possible
increases. Seconded by Mayor Steven Leonardis.
VOTE: Motion passed unanimously.
MOTION: Motion by Vice Mayor Marcia Jensen to increase the credit card
fee to 2% as recommended by staff. Seconded by Mayor Steve
Leonardis.
VOTE: Motion passed unanimously.
OTHER BUSINESS
There was no other business.
ADJOURNMENT
The meeting adjourned at 9:38 p.m.
Attest:
Shelley Neis, Interim Clerk Administrator
Town Council /Parking Authority March 24, 2014
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