Loading...
M03-24-2014 Town Council Meeting 4/7/14 Item #1b 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 [d][1]) 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 [Government Code Section 54957(b)(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 1. 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 RESOLUTION 2014-015 zoned R-1:20. APN 529-44-005 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: MotionCouncil Member Diane McNutt by 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. SecondedCouncil Member Joe Pirzynski. by VOTE: Motion passed unanimously. 2 Town Council/Parking Authority March 24, 2014 Public Hearings – continued 2. 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- RESOLUTION 2014-016 04-043. 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: MotionCouncil Member Joe Pirzynski by to make the required findings in Attachment 1 and approve Conditional Use Permit U-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 SecondedVice Mayor Marcia Number and Size of Tastings. by 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 3 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 RESOLUTION 2014-018 Town Code 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: MotionCouncil Member Diane McNutt by to adopt a resolution amending the Town of Los Gatos traffic impact fees using option 3 SecondedCouncil Member Joe Pirzynski. as the structure. by 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: MotionVice Mayor Marcia Jensen by 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 Seconded increase or other appropriate increase be considered. Mayor Steve Leonardis. by 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 RESOLUTION 2014-019 charges for FY 2014/15 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: MotionVice Mayor Marcia Jensen by 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 SecondedMayor Steven Leonardis. increases. by VOTE: Motion passed unanimously. MOTION: MotionVice Mayor Marcia Jensen by to increase the credit card SecondedMayor Steve fee to 2% as recommended by staff. by Leonardis. VOTE: Motion passed unanimously. OTHER BUSINESS There was no other business. ADJOURNMENT The meeting adjourned at 9:38 p.m. Attest: _____________________________________ /s/ Shelley Neis, Interim Clerk Administrator 5 Town Council/Parking Authority March 24, 2014