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M11-04-2014 Town Council Meeting 11/18/14 Item #1 MINUTES OF THE TOWN COUNCIL/PARKING AUTHORITY MEETING NOVEMBER 4, 2014 The Town Council of the Town of Los Gatos conducted a Regular Meeting on Tuesday, November 4, 2014, at 7:00 p.m. CLOSED SESSION – 5:45 P.M. CS-1 PUBLIC EMPLOYEE PERFORMANCE EVALUATION [Government Code Section 54957(b)(1)] Title: Town Attorney CS-2 CONFERENCE WITH LABOR NEGOTIATOR (Government Code Section 54957.6) Town Negotiators: Town Council Unrepresented Employee: 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 Sophie Holohan led the Pledge of Allegiance. The audience was invited to participate. PRESENTATIONS Mayor Leonardis presented a proclamation to Vikki Floyd-Boyd declaring November 2014 as Pancreatic Cancer Awareness Month. Mayor Leonardis presented a commendation to D.J. Akers for his Eagle Scout Project to retire American flags on November 8, 2014. Mayor Leonardis presented the Small Business, Big Applause commendation to Lee- Ann Price for Round Table Pizza on N. Santa Cruz Avenue. 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 the Metropolitan Transportation Commission meeting and the Santa Clara County Housing and Community Development Advisory Committee meeting. Council Matters – continued - Mayor Steven Leonardis stated he attended a celebration with the Daughters of the American Revolution (DAR) to dedicate the Jose Maria Hernandez Adobe located in Vasona Park. Manager Matters - Announced that the new Art in the Council Chambers exhibition has been installed and was organized by the Museums of Los Gatos. The reception will be November 10 from 6 to 7:30 p.m. in the Council Chambers. - Announced Board and Commission recruitment is ongoing, and descriptions and applications are available on the Town website. The deadline to apply is 5 p.m. December 5. Interviews and appointments will occur on December 16. CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION) 1. Approve Council Minutes of October 21, 2014 2. Accept Fiscal Year 2014/15 First Quarterly Investment Report (July through September 2014) 3. Fiscal Year 2014/15 First Quarter Budget Performance and Status Report for the period July 1, 2014 – September 30, 2014 Accept 2014/15 First Quarter Budget Performance Status Report 4. Adopt resolution approving the Town’s Investment Policy 5. Parcel Map of 15928 Union Avenue a. Adopt a resolution accepting the work of 217 O'Connor, LLC b. Authorize the Town Manager to execute a Certificate of Acceptance and Notice of Completion for recording by the Clerk Administrator 6. Town Co-Sponsorship of the Los Gatos Education Foundation Event 7. Adopt resolution authorizing the continued use of Supplemental Local Law Enforcement Services funds (SLESF) to provide funding for two (2) full-time Police officers assigned as motorcycle traffic officers Council Member Barbara Spector pulled Item #1. MOTION: MotionVice Mayor Marcia Jensen by to approve Consent Items SecondedCouncil Member Joe Pirzynski. #2 through 7. by VOTE: Motion passed unanimously. Pulled Consent Item #1 1. Approve Council Minutes of October 21, 2014 2 Town Council/Parking Authority November 4, 2014 Council Member Barbara Spector requested the minutes be amended to include the verbiage in the Desk Item to reflect the actions taken by Council for Items 5 and 6. Pulled Consent Item #1 – continued MOTION: MotionMayor Steven Leonardis by to amend Consent Item #1 to SecondedCouncil include the verbiage in the desk item. by Member Barbara Spector. VOTE: Motion passed unanimously. VERBAL COMMUNICATIONS Angelia Doerner - Spoke on the Almond Grove Repaving project. Stan Garber - Commented on the Town’s Poet Laureate selection process. Anne Robinson - Commented on the view of the Albright project at Winchester Blvd. and Lark Ave. John Shepardson - Thanked the Council and staff for authorizing the green bike lanes pilot project and authorizing the application for the master plan for integrating pedestrian, bicycle, and transit use throughout the Town. OTHER BUSINESS 8. Consider requests from the Veterans Memorial and Support Foundation of Los Gatos a. Approve the construction of the Veterans Foundation of Los Gatos’ desired design for a “Tribute to Freedom” Veterans Memorial at the Civic Center. This would include the upper deck area as well as a walkway from Main Street to the Civic Center deck b. A 20,000 Grant to proceed further with conceptual drawings and engineering validation c. The waiver of any permitting fees Greg Larson, Town Manager, presented the staff report. Major General Kent Hillhouse (Ret.), applicant, introduced and showed a video describing the proposed Memorial and then commented in favor of the project. Opened Public Comment at 8:06 p.m. 3 Town Council/Parking Authority November 4, 2014 Francis Harvey - Spoke in favor of the project. Other Business Item #8 – continued Mike Frangadakis - Spoke in favor of the project. Barbara Naden - Spoke in favor of the project. Tom Griffin - Spoke in favor of the project. Stacey Hall - Spoke in favor of the project. John Lochner - Spoke in favor of the project. Suzette Austin - Spoke in favor of the project. Jim Free - Spoke in favor of the project. John Bond - Spoke in favor of the project. Duino Giordano - Spoke in favor of the project. George Hall - Spoke in favor of the project. Don Callahan - Spoke in favor of the project. Michael Silva - Read a statement from Dr. Clyde Horn in favor of the project. Patty Meeko - Spoke in favor of the project. Ryan Hall - Spoke in favor of the project. 4 Town Council/Parking Authority November 4, 2014 Tim DuClos - Spoke in favor of the project. Other Business Item #8 – continued Rick Lore - Spoke in favor of the project. B.J. Tucker - Spoke in favor of the project. Dick Scott - Spoke in favor of the project. Jeffrey Janoff - Spoke in favor of a memorial and expressed concerns with the proposed location. David Stonesifer, Arts & Culture Commission Chair - Commented in favor of a memorial. Stated the proposal should go through the public art approval process and that the Commission is willing to move through the process in a timely manner. Gil Decker - Spoke in favor of the project. Barney Davidge - Spoke in favor of a memorial and expressed concern with the location. Bob Whittaker - Read a statement from Chris Wiley in favor of the project. Kevin Johnson - Spoke in favor of the project. John Shepardson - Spoke in favor of the project and commented on the approval process. Jim Reynaud - Spoke in favor of the project. Major General Kent Hillhouse (Ret.) and Ellen Manzo, applicant, addressed comments. Closed Public Comment at 9:38 p.m. Recess was called at 9:38 p.m. 5 Town Council/Parking Authority November 4, 2014 Meeting reconvened at 9:47 p.m. Council discussed the matter. Other Business Item #8 – continued MOTION: MotionCouncil Member Barbara Spector by to approve a SecondedVice Mayor Marcia Veterans Memorial in Los Gatos. by Jensen. VOTE: Motion passed unanimously. MOTION: MotionCouncil Member Barbara Spector by that the Veterans Memorial be located in the Civic Center on the upper deck or at one of the other suggested locations on slide five and pages 2 and 3 of the staff report, excluding Pageant Grounds and the bridge to SecondedVice Mayor Marcia Jensen. Pageant Grounds. by VOTE: Motion passed unanimously. MOTION: MotionCouncil Member Barbara Spector by to have the proposed Memorial and art work reviewed according to the Public Art Selection Policy with the Arts and Culture Commission with the Commission reporting back to Council at the January 20, 2015 Council meeting. The public is allowed to weigh in on the proposal during this process. The Commission is to report back on shade, water feature, seating, access to the street, lights, incorporating men and women who served, tiles on the buildings, the entry SecondedVice Mayor Marcia walkway, and other elements. by Jensen. VOTE: Motion passed unanimously. PUBLIC HEARINGS 9. Conditional Use Permit Application U-14-013. Property Location: 15527 Union Avenue. Property Owner: DS Downing LP, a Delaware Limited Partnership. Applicant/Appellant: Rudy Wrabel Consider an appeal of a Planning Commission decision approving a request to operate a high turnover, sit-down restaurant (Jersey Mike’s Subs) and implementing all conditions, including the payment of Traffic Impact Fees on property zoned C-1. APN 523-41-036 Erin Walters, Associate Planner, presented the staff report. 6 Town Council/Parking Authority November 4, 2014 Rudy Wrabel, applicant, spoke on the project. Public Hearing Item #9 – continued Opened the Public Hearing at 10:58 p.m. John Shepardson - Commented on traffic impact fees. Closed the Public Hearing at 11:02 p.m. Council discussed the matter. MOTION: MotionCouncil Member Barbara Spector by to grant the appeal on the basis that new information was submitted to Council during the appeal process that was not readily and reasonably available to the Planning Commission, and pay a traffic impact fee of $10,680, less the $1,408 appeal fee and any amount that may have been paid by the appellant for transcription services. The new information submitted to Council that the Planning Commission did not have includes: the traffic information questionnaire dated May which indicated that the applicant would occupy a liquor store, and the Town website did not have the new traffic fee information from the March 2014 Council decision. Motion amended to include the last full paragraph on page 5 of the staff report which indicates that on October 15 there was a recalculation of the character of the restaurant and credits due for the bottle shop a week after the Planning Commission decision was made. This was information that the Planning Commission did not have, and that changed the traffic impact fee by $40,000. SecondedMayor Steven Leonardis. by VOTE: Motion passed unanimously. OTHER BUSINESS 10. Planned Development Overlay Zone a. Consider the Planning Commission’s recommendations to the Town Council regarding the Planned Development Overlay Zone and b. Adopt a Resolution appointing a Study Committee 7 Town Council/Parking Authority November 4, 2014 MOTION: MotionCouncil Member Barbara Spector by to continue the SecondedCouncil Member Joe matter to a future date. by Pirzynski. VOTE: Motion passed unanimously. ADJOURNMENT The meeting adjourned at 11:28 p.m. Attest: _____________________________________ /s/ Shelley Neis, Clerk Administrator 8 Town Council/Parking Authority November 4, 2014