M02-17-2015
Town Council Meeting 03/03/15
Item #1
MINUTES OF THE TOWN COUNCIL/PARKING AUTHORITY MEETING
FEBRUARY 17, 2015
The Town Council of the Town of Los Gatos conducted a Special Meeting on Tuesday,
February 17, 2015, to hold a Closed Session at 5:30 p.m. and a Regular Meeting at
7:00 p.m.
CLOSED SESSION – 5:30 P.M.
CS-1 PUBLIC EMPLOYEE APPOINTMENT, EMPLOYMENT, EVALUATION, OF
PERFORMANCE, DISCIPLINE, AND DISMISSAL
[Government Code Section 54957(b)(1)]
Title: Town Manager
CS-2 CONFERENCE WITH LABOR NEGOTIATOR
(Government Code Section 54957.6)
Town Negotiator: Rumi Portillo, Human Resources Director
Unrepresented Employee: Town Manager
BUSINESS MEETING CALLED TO ORDER AT 7:00 P.M.
ROLL CALL
Present: Mayor Marcia Jensen, Vice Mayor Barbara Spector, Council Member Steve
Leonardis, Council Member Rob Rennie, Council Member Marico Sayoc.
Absent: None
PLEDGE OF ALLEGIANCE
Shomil Jain led the Pledge of Allegiance. The audience was invited to participate.
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 Rennie stated he attended the Housing and Community
Development Advisory Committee meeting and the Cities Association meeting.
- Vice Mayor Spector stated she attended the Council Policy Committee meeting.
- Council Member Leonardis stated he attended the West Valley Sanitation District
(WVSD) Board of Directors meeting and the Technical Treatment Plant Advisory
Committee meeting.
- Council Member Sayoc stated she attended the Housing Element Advisory Board
(HEAB) meeting and the West Valley Solid Waste Management Authority meeting.
- Mayor Jensen stated she attended the Council Policy Committee meeting and the
HEAB meeting.
Manager Matters
- Introduced Code Compliance Officer Allen Meyer and the new part time Community
Services Officer, Dolores Salazar, who will work weekend evenings.
- Announced that recruitment will begin on February 20 for student commissioners
and vacant positions on the Arts & Culture Commission, Community & Senior
Services Commission, Parks Commission, and Personnel Board.
CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION)
1. Approve Council Minutes of February 3, 2015
2. Accept FY 2014/15 Quarterly Investment Report (October through December
2014)
3. Accept FY 2013/14 Comprehensive Annual Financial Report (CAFR)
4. Adopt a resolution to set a date for consideration of reorganization of an
uninhabited area designated as Loma Street No. 4, approximately 0.115 acre
RESOLUTION
located at 16741 Loma Street. APN 532-07-002. File #AN14-007
2015-006
5. Adopt a resolution supporting the designation of St. Joseph’s Hill and the
Novitiate Park Open Spaces as priority conservation areas through
MidPenninsula Open Space District application to the Association of Bay Area
RESOLUTION 2015-007
Governments
6. Create and appoint a Town Council Ad Hoc Committee on infrastructure,
transportation, traffic management, and parking strategies
Council Member Rob Rennie pulled Item #6.
MOTION: MotionCouncil Member Steve Leonardis
by to to approve Items
1 through 5, inclusive of Desk Items and to add the Zoning
Seconded
Ordinance number to the resolution for Item #4. by
Council Member Rob Rennie.
VOTE: Motionpassed unanimously.
Pulled Consent Item #6
6. Create and appoint a Town Council Ad Hoc Committee on infrastructure,
transportation, traffic management, and parking strategies
Opened Public Comment at 7:19 p.m.
Jeff Loughridge
- Questioned the effective use of Council’s time and suggested it would be a better
use of time to task the Transportation and Parking Commission with specific
directions to study these issues and provide recommendations to the Council for
subsequent consideration.
Closed Public Comment at 7:21 p.m.
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Town Council/Parking Authority February 17, 2015
Pulled Consent Item #6 – continued
MOTION: MotionCouncil Member Steve Leonardis
by to create and
approve an Ad Hoc Committee on infrastructure, transportation,
traffic management, and parking strategies with appointments to be
SecondedCouncil Member Marico
made at a later date. by
Sayoc.
VOTE: Motionpassed unanimously.
VERBAL COMMUNICATIONS
There were no verbal communications.
OTHER BUSINESS
7. Youth Commission Report on reuse of the Venue
Claire Strickland, Youth Commission Chair, Shomil Jain, Youth Commissioner, and
Crystal Huang, Youth Commissioner, presented the staff report and responded to
questions from Council.
Opened Public Comment at 7:34 p.m.
Melissa Toren, KCAT Station Manager
- Stated that KCAT would like to submit a proposal for use of the Venue.
Phil Knopf, Los Gatos Youth Park
- Stated that Los Gatos Youth Park would be supportive of the Youth Commission in
whatever capacity they decide to use the Venue.
Closed Public Comment at 7:38 p.m.
Council discussed the matter.
MOTION: MotionCouncil Member Steve Leonardis
by to allow the Youth
Commission to solicit teen-focused proposals for the re-use of the
Venue from Los Gatos High School and other interested community
organizations; and allow the Youth Commission to review the
submitted proposals and make recommendations to the Council.
SecondedVice Mayor Barbara Spector.
by
VOTE: Motionpassed unanimously.
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Town Council/Parking Authority February 17, 2015
PUBLIC HEARINGS
8. Conditional Use Permit Application U-12-002 and Environmental Impact Report
EIR-13-001. Project Location: 300 Marchmont Drive. Property Owner: Hillbrook
School. Applicant/Appellant: Mark Silver. Appellant: Patricia Elliot (and others).
Consider an appeal of a Planning Commission decision approving a Conditional
Use Permit modification to increase school enrollment and modify operations of
an existing private school (Hillbrook School) on property zoned HR-1. APNS 532-
10-001 and 532-11-011
(Continued from 1/13/15)
Council discussed the matter.
MOTION: Motion
by Vice Mayor Barbara Spector that Hillbrook School
provide Council with the traffic counts from June 2014 to the
present and these traffic counts be provided to the Town within the
next 2 weeks.
VOTE: Motionfailed for lack of a second.
MOTION: MotionMayor Marcia Jensen
by that:
a) Hillbrook School be allowed to operate as an educational
institution for the academic year (mid-August through mid-June) as
defined by Hillbrook School academic calendar with students and
staff allowed on campus between 7:30 a.m. and 6 p.m.;
b) Hillbrook may extend those hours of operation up to 9 p.m. or
days of operation to include weekends no more 10 times a year for
special events which are tied to a calendar;
c) During the summer session (mid-June to mid-August) defined by
Hillbrook calendar (6 contiguous weeks) with limited hours of
operation between 9 a.m. and 3 p.m.;
d) Hillbrook may enroll 315 students each academic year and half
that number during summer session, and it will verify that by
posting on a website accessible to any member of the public, and
that these are also the numbers that are posted and contained in
the affidavit Hillbrook has to submit to the California Board of
Education;
e) Hillbrook may not enroll more than a total of 99 new students
over the life of the Conditional Use Permit (CUP), and it may not
enroll more than 33 students in each of the years 2016-2017, 2017-
18, 2018-19;
f) The time gap allows there to be a six month review to prove
compliance with the CUP and any increase in the number of
students would be completely within the discretion of the deciding
body after a public hearing;
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Town Council/Parking Authority February 17, 2015
Public Hearing Item #8 – continued
g) There should be a new mandatory Traffic Demand Management
Plan that Hillbrook develops which includes any of the following
means to limit daily vehicle trips: carpools, busing, shuttle or
traditional school buses, bicycling, walking management plans,
other methods submitted by Hillbrook for approval by the Town;
h) Include the use of the Ann Arbor gate in the Traffic Demand
Management Plan provided that there is a focused study as
required under CEQA and also provided that any change in the use
come back after that focus study for either the six month or the year
review, before any change to the use of the Ann Arbor gate is
made.
i) As part of the Traffic Demand Management Plan, Hillbrook will
tell anyone (persons or entities covered by the Plan) that pickup
and drop offs on the public streets in the immediate vicinity of
Hillbrook are not allowed, Hillbrook is solely responsible for
enforcement of its Traffic Demand Management Plan, and is
ultimately responsible for compliance with that Plan;
j) Hillbrook may continue to use as bus stops places that it has
negotiated with private businesses, and any other proposed bus
stop must be approved by the Parks and Public Works Department
of the Town as a suitable and safe place for a bus stop;
k) Hillbrook will monitor its compliance with both the
embedded counter it already has and install a tube counter as a
backup, and the data from the counters determine whether
Hillbrook has complied with its traffic requirements or not;
l) All the parking shall be accommodated on site;
m) The pick-up and drop-off areas shall remain the same;
n) The Town Code will be used to address curfew and noise issues;
o) Amplified noise may exceed those noise limitations for a
maximum of four events per year if it is necessary for the adequate
and effective conduct for the event;
p) Any CUP would include a compliance review. In the first year
after any CUP adopted by the Council is approved, there shall be a
biannual review after six months, and again after six months, then
upon a finding that Hillbrook is in compliance with the CUP, it shall
remain in effect until the next review which would be annually. If
there is a finding that Hillbrook is in violation or upon receipt of
information that new or more effective data collection methods are
available, then the CUP could be modified, or if there is notification
of an alleged violation or some improvement that could be made;
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Town Council/Parking Authority February 17, 2015
Public Hearing Item #8 – continued
q) There be a fine for whatever traffic condition is exceeded of
$5,000 for any quarterly period (August-October) beginning with the
academic year and then going around with a maximum penalty of
up to $20,000 for any year, paid to the Town for use of traffic
safety and other improvements in the immediate Hillbrook area;
r) The Town would reserve the right to deny any increase in
enrollment if there is a finding at one of the annual or six month
reviews that Hillbrook is in violation of any of the conditions of the
CUP;
s) 880 maximum daily traffic trips are allowed during the academic
year tied to an academic calendar and in the summer a maximum
of 440 daily trips are allowed;
t) Hillbrook could extend hours up to 10 times a year, and the daily
traffic trips maximum could be increased by 10 trips on
days designated by Hillbrook on a calendar that is posted on the
website for the purpose of identifying days in which daily traffic trips
might increase (e.g. open house, parent teacher nights, sports
events, etc.) and in no event may days that are so designated
SecondedCouncil Member
exceed four in any given month. by
Marico Sayoc.
VOTE: Motionfailed 2/3. Vice Mayor Barbara Spector, Council
Member Steve Leonardis, and Council Member Rob Rennie
voting no.
Mayor Jensen called a recess at 9:48 p.m.
Reconvened at 10:03 p.m.
Council continued to discuss the matter.
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Town Council/Parking Authority February 17, 2015
Public Hearing Item #8 – continued
MOTION: MotionCouncil Member Rob Rennie
by to include all of the
elements of the prior motion with the following changes:
a) Students allowed on campus between 7:30 a.m. and 6 p.m.,
faculty and staff may arrive at 7 a.m., and management and
janitorial staff may stay after 6 p.m. to 9 p.m.
b) Hillbrook could extend hours up to ten times a year;
c) The daily traffic trips maximum is 880 with ten exceptions per
year for ten pre designated days identified by Hillbrook on a
calendar that is posted on the website (e.g. open house, parent
teacher nights, sports events, etc.) and ten additional random
days with the daily traffic trip count not to exceed 960 on the ten
random days, and in no event may days that are so
designated exceed four in any given month.
VOTE: Motionfailed for lack of a second.
MOTION: Motion
by Mayor Marcia Jensen to request that the real time traffic
data from June 2014 to present be provided by Hillbrook School in
2 weeks to Council and for the matter to return to Council on March
17, 2015 for consideration of that data, increased enrollment, and
Seconded
Conditional Use Permit modifications. by Vice Mayor
.
Barbara Spector
VOTE: Motionpassed unanimously
OTHER BUSINESS
9. Planned Development Overlay Zone
a. Consider the Planning Commission’s recommendations to the Town
Council regarding the Planned Development Overlay Zone and
RESOLUTION
b. Adopt a resolution appointing a Study Committee, or
2015-008
c. Implement the Council Ad Hoc Committee’s recommendation
(Continued from 1/20/15)
Laurel Prevetti, Assistant Town Manager/Community Development Director, presented
the staff report.
Opened Public Comment at 10:27 p.m.
Suzanne Yost, Silicon Valley Association of Realtors
- Encouraged Council to adopt a resolution to appoint an ad hoc study committee and
is interested in being a member.
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Town Council/Parking Authority February 17, 2015
Other Business Item #9 – continued
Jeff Loughridge
- Commented in support of a resolution to appoint a study committee and suggested
the following changes to composition of members: one member with land
development construction experience; one member with business experience,
and two members who would be Town residents. He also suggested an affordable
housing component be attached to all developments going forward.
Scott Plautz
- Commented in favor of the use of Planned Developments and supports a study
committee and would be interested in being a member.
Lee Quintana
- Commented there is a connection in how planned developments (PD) and
conditional use permits (CUP) are being used and it should be added to the mission
of the committee; more information should be given to the committee if the way
PD's are applied has changed.
Natalie Ladd
- Commented in support of the ad hoc committee, suggested a member of the
committee be a resident who has experienced the process.
Closed Public Comment at 10:45 p.m.
Council discussed the matter.
MOTION: MotionCouncil Member Marico Sayoc
by to approve a newly
created committee consisting of the General Plan Committee, two
Town residents, one member with business experience, and one
member with land development experience; direct the committee to
include information on all the different PD's: a) provide examples
of how PD’s have been used and what they would have looked like
if they weren't a PD; b) give information regarding if the way PD's
are being used has changed over time, and if so, how; c) consider
if combining PD’s and Architecture & Site (A&S) applications would
be more efficient; d) identify the connections between CUP’s and
PD’s, specifically in relation to the General Plan and zoning ; e)
determine if there are specific findings that we may want to
incorporate moving forward that clearly state why a PD is
Seconded
appropriate versus falling back on GP and zoning. by
Mayor Marcia Jensen.
VOTE: Motionpassed unanimously.
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Town Council/Parking Authority February 17, 2015
Other Business – continued
10. Police cost comparison between Los Gatos and Monte Sereno, potential impacts
of Monte Sereno contract termination, and potential outsourcing
MOTION: Motion
by Council Member Steve Leonardis to continue the matter
to a future date.
VOTE: Motionfailed for lack of a second.
MOTION: MotionVice Mayor Barbara Spector
by to continue the matter to
SecondedCouncil Member Steve Leonardis.
a future date. by
VOTE: Motionpassed 3/2. Mayor Marcia Jensen and Council Member
Rob Rennie voting no.
MOTION: MotionMayor Marcia Jensen
by to continue the matter to April
SecondedVice Mayor Barbara Spector.
21, 2015. by
VOTE: Motionpassed unanimously.
ADJOURNMENT
The meeting adjourned at 11:01 p.m.
Attest:
_____________________________________
/s/ Shelley Neis, Clerk Administrator
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Town Council/Parking Authority February 17, 2015