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MinutesDRAFT Town Council Meeting 09/02/14 Item # i MINUTES OF THE TOWN COUNCIL /PARKING AUTHORITY MEETING AUGUST 19, 2014 The Town Council of the Town of Los Gatos conducted a Regular Meeting on Tuesday, August 19, 2014, at 7:00 P.M. CLOSED SESSION — 5:00 P.M. CS -1 PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Government Code Section 54957(b)(1)1 Title: Town Manager CS -2 CONFERENCE WITH LABOR NEGOTIATOR (Government Code Section 54957.6) To meet with Town Negotiators listed below in closed session pursuant to Government Code §54957.6 regarding negotiations with the Employee Organizations listed below: Town Negotiators (Lead): Rumi Portillo, Human Resources Director Employee Organization: Police Officers Association (POA) CS -3 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION (Government Code Section 54956.9) Whether to initiate litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9; (One case.) ROLL CALL Present: Mayor Steven Leonardis, Vice Mayor Marcia Jensen, Council Member Joe Pirzynski, Council Member Diane McNutt, Council Member Barbara Spector. Absent: None 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 Pamela Larkin led the Pledge of Allegiance. The audience was invited to participate. PRESENTATIONS Mayor Leonardis presented a commendation to Sheila Sanchez for her years of service on the Patch. Sheila Sanchez accepted the award and expressed her thanks. Presentations — continued Mayor Leonardis presented the Small Business, Big Applause commendation to Preferred Image. Gary Fowler accepted the award and expressed his appreciation. CLOSED SESSION REPORT Robert Schultz, Town Attorney, stated Council met in Closed Session as duly noted on the agenda and there is no report. COUNCIL /TOWN MANAGER REPORTS Council Matters - Council Member Joe Pirzynski stated he attended two Valley Transportation Authority Board of Directors meetings, a Valley Transportation Authority Ad Hoc Governance Committee meeting, and the Alcohol and Entertainment Ad Hoc Committee meeting. - Vice Mayor Marcia Jensen stated she attended the Housing Element Advisory Board meeting. - Council Member Barbara Spector stated she attended the Conceptual Development Advisory Committee meeting; she and Council Member Diane McNutt attended the Council Policy Committee meeting. - Mayor Steven Leonardis stated he attended the Alcohol and Entertainment Ad Hoc Committee meeting. Manager Matters - Advised that the discussions with the school district regarding a potential land sale are terminated, and that the Mayor has requested staff schedule for a future public Council meeting a discussion of the property known as the Venue for uses that benefit the youth of Los Gatos. - Introduced Kerry O'Brien, Library Customer Service Supervisor. CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION) 1. Approve Council Minutes of August 5, 2014 2. Property Location: 576 W. Parr Avenue #23. APN 406 -43 -057. Property Owner: Town of Los Gatos RESOLUTION 2014 -056 Adopt a resolution authorizing the sale of a Below Market Price (BMP) rental unit under the terms and conditions of the Town's BMP Housing Program Guidelines 3. Authorize the Town Manager to execute a first amendment to agreement with Universal Site Services for pressure washing services in an amount not to exceed $33,136 4. Adopt a resolution authorizing the filing of the Regional Active Transportation Grant application for the Highway 9 —Los Gatos Creek Trail connection RESOLUTION 2014 -057 Town Council /Parking Authority August 19, 2014 5. Direct staff to continue supporting the Transportation and Parking Commission with regularly scheduled meetings every other month and with single subject special meetings on alternating months as needed 6. Old Library Re -Use Proiect 821 -2105 Approve plans and specifications for the old library reuse project and authorize staff to advertise the project for bid 7. PPW Job No. 13 -30 — Town Park Lighting Project 411 - 831 -4607 a. Amend the existing agreement and authorize a budget transfer in the amount of $5,000 from the Retaining Wall Repairs Project 411 - 815 -9930 to the Town Park Lighting Project 411 - 831 -4607 b. Authorize the Town Manager to execute a Certificate of Acceptance and Notice of Completion accepting the work of Hua Tong Engineering Group, Inc. and authorize recording by the Clerk Administrator 8. PPW Job No. 12 -04 - Winchester Boulevard /Knowles Avenue Intersection Improvement Project 813 -0204 Authorize the Town Manager to execute a Certificate of Acceptance and Notice of Completion accepting the work of Duran and Venables, Inc. and authorize recording by the Clerk Administrator Staff and the Transportation and Parking Commission request that Item #5 be pulled from the Consent Calendar. MOTION: Motion by Council Member Barbara Spector to approve Consent Items 1 -4, and 6 -8. Seconded by Council Member Joe Pirzynski. VOTE: Motion passed unanimously. Pulled Consent Item #5 5. Direct staff to continue supporting the Transportation and Parking Commission with regularly scheduled meetings every other month and with single subject special meetings on alternating months as needed Matt Morley, Director of Parks and Public Works, presented the staff report. Opened the Public Hearing at 7:28 p.m. Jeff Loughridge - Spoke in favor of monthly meetings. Michael Calise, Transportation & Parking Commission Chair - Commented on why the Commission would like to increase their meetings to monthly. Town Council /Parking Authority August 19, 2014 Pulled Consent Item #5 — continued Natalie Ladd, Transportation & Parking Commissioner - Spoke in favor of monthly meetings. Jak Van Nada - Spoke in favor of monthly meetings. Closed the Public Hearing at 7:42 p.m. Council discussed the matter. MOTION: Motion by Vice Mayor Marcia Jensen to implement regular monthly meetings as requested by the Commission. Seconded by Council Member Barbara Spector. VOTE: Motion passed unanimously. VERBAL COMMUNICATIONS Anne Robinson Requested Council allocate funds necessary to evaluate and do the research and analysis on the issues on the North 40 that were brought to the Planning Commission and then send it back to the Planning Commission. Jeff Loughridge - Requested Council consider the height limits in the General Plan when reviewing the North 40 development. Martha Sterne - Commented on the potential sale of Town property where the Venue is located. OTHER BUSINESS 9. Drought 2014 — Direct Staff to assist San Jose Water Company in educating Los Gatos residents and businesses about existing drought restrictions Matt Morley, Director of Parks and Public Works, presented the staff report. Opened and closed Public Comment at 8:04 p.m. Council discussed the matter. Town Council /Parking Authority August 19, 2014 Other Business Item #9 — continued MOTION: Motion by Council Member Barbara Spector to direct staff to assist San Jose Water Company in educating the residents and businesses of Los Gatos about existing drought conditions and to publicize the information prominently on the home page as well as providing a link on the Town website; and provide information, possibly through the Chamber of Commerce, to the restaurants about request only water service. Seconded by Vice Mayor Marcia Jensen. VOTE: Motion passed unanimously. PUBLIC HEARINGS 10.Architecture and Site Application S -14 -003. Propertv Location: 15540 El Gato Lane. Applicant: Chris Spaulding, Architect. Propertv Owner /Appellant: Fletch and Florence Sullivan Consider a request to appeal the decision of the Planning Commission denying a request to demolish an existing single - family residence and to construct a new single - family residence on property pre -zoned R -1:8. APN 523 -23 -021 RESOLUTION 2014 -058 Jennifer Savage, Senior Planner, presented the staff report. Opened the Public Hearing at 8:20 p.m. Fletch Sullivan, applicant, spoke on the project. Mary Pope -Handy - Spoke in favor of the project. Kristina Burline - Spoke in favor of the project. Closed the Public Hearing at 8:24 p.m. Council discussed the matter. Town Council /Parking Authority August 19, 2014 Public Hearing Item #10 — continued MOTION: Motion by Council Member Diane McNutt to grant the appeal on the basis that it is a policy decision and that Council needs to provide more definition and direction to Planning Commission, staff, and future Councils regarding a neighborhood in transition. Seconded by Council Member Joe Pirzynski. MOTION: Motion passed 3/2. Vice Mayor Marcia Jensen and Council Member Barbara Spector voting no. OTHER BUSINESS 11. Traffic Impact Mitigation Fee Follow -Up a. Note and file staff's response to questions raised by the Town Council in conjunction with the May 19, 2014 amendment of Traffic Impact Mitigation Fees b. Adopt a Resolution amending the Town of Los Gatos Traffic Impact Policy RESOLUTION 2014 -059 c. Authorize the Town Manager to execute a one year extension to the agreement with TJKM Transportation Consultants for traffic engineering consultant services Bob Kass, Special Projects Manager, presented the staff report. Opened Public Comment at 9:51 p.m. Rudy Wrabel - Requested Council consider grandfathering in applications that were in process before the fee took effect. Jak Van Nada - Commented on the fee calculation and what the net effect will be. Dave Murray - Spoke in favor of the policy. Brian Bokman - Spoke in opposition of the policy. Lee Quintana - Asked if the credit for the pass -by will be added to the already reduced fee for mixed use. s Town Council/Parking Authority August 19, 2014 Other Business Item #11 — continued Closed Public Comment at 10:02 p.m. Council discussed the matter. MOTION: Motion by Vice Mayor Marcia Jensen to note and file staffs response to the questions raised by Council in conjunction with the May 19, 2014, amendment of traffic impact mitigation fees; adopt a resolution amending the Traffic Impact Policy (Attachment 1) and specifically delete from the Traffic Impact Policy Section VII paragraph 4 relating to the undue burden exception, and direct staff to come back to Council with suggested findings for inclusion in the policy and any corresponding change in the statute that needs to be made; amend the resolution (Attachment 1) at the last "further resolved" to be clear that the reference to "community benefit' pertains only to the traffic fee and not as it relates to any overall (or not) benefit of a particular project; authorize Town Manager to execute one year amendment with TJKM Transportation Consultants for traffic engineering consultant services; and return to Council in two years for evaluation of the appropriateness of the fees. Seconded by Council Member Barbara Spector. VOTE: Motion passed unanimously. 12. Proposed Partnership for Downtown Parking Sensors a. Provide input and feedback to staff on negotiations for a partnership to install parking sensors downtown b. Direct staff to bring back a negotiated agreement Matt Morley, Director of Parks and Public Works, presented the staff report. Opened Public Comment at 10:37 p.m. Natalie Ladd, Transportation and Parking Commissioner - Stated the Commission is in full support of the partnership and requested that the Commission be a part of the discussion on the guidelines. Closed Public Comment at 10:39 p.m. Council discussed the matter. Town Council /Parking Authority August 19, 2014 Other Business Item #12 — continued MOTION: Motion by Mayor Steven Leonardis to further research the installation of the Street Line product with recommendations from staff and the Transportation and Parking Commission. Seconded by Council Member Joe Pirzynski, VOTE: Motion passed unanimously. ADJOURNMENT The meeting adjourned at 10:41 p.m. Attest: Shelley Neis, Clerk Administrator Town Council /Parking Authority August 19, 2014