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M04-21-2015 Town Council Meeting 05/05/15 Item #1b MINUTES OF THE TOWN COUNCIL/PARKING AUTHORITY MEETING APRIL 21, 2015 The Town Council of the Town of Los Gatos conducted a Special Meeting on Tuesday, April 21, 2015, to hold a Closed Session at 4:15 p.m., Board/Commission/Committee Interviews at 6:00 p.m., and a Regular Meeting at 7:00 p.m. CLOSED SESSION – 4:15 P.M. CS-1 PUBLIC EMPLOYEE APPOINTMENT [Government Code Section 54957(b)(1)] Title: Town Manager BOARDS/COMMISSIONS/COMMITTEES INTERVIEWS – 6:00 P.M. MOTION: MotionMayor Marcia Jensen by to not interview for the representative to the VTA Bicycle and Pedestrian Advisory Committee and have the Town’s Bicycle and Pedestrian Advisory Commission make the appointment pursuant to its duties identified SecondedCouncil in the enabling Resolution 2015-011. by Member Rob Rennie. VOTE: Motionpassed unanimously. VERBAL COMMUNICATIONS None 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 Cooper Peach led the Pledge of Allegiance. The audience was invited to participate. BOARDS/COMMISSIONS/COMMITTEES APPOINTMENTS  Arts and Culture Commission Linda Daane was appointed. o  Bicycle and Pedestrian Advisory Commission John Aadland was appointed. o Peter Hertan was appointed. o Jeff Loughridge was appointed. o Boards/Commissions/Committees Appointments – continued  Community and Senior Services Commission David Knapp was appointed. o  Personnel Board Jennifer Lewis was appointed. o  Planned Development Zoning Study Committee Jeffrey Barnett was appointed as the Business Experience member. o James Foley was appointed as the Land Development/Construction o Experience member. Lee Quintana was appointed as Town Resident member. o Jak Van Nada was appointed as Town Resident member. o Mayor Jensen advised Council would not be appointing the VTA Bicycle and Pedestrian Advisory Committee Representative and would direct the Bicycle and Pedestrian Advisory Commission to make that appointment. Mayor Jensen congratulated all who were appointed and thanked the other candidates for applying and invited them to apply again in the future. Council directed the Clerk Administrator to conduct recruitments for all vacant positions. CLOSED SESSION REPORT Robert Schultz, Town Attorney, stated Council met in Closed Session as duly noted on the agenda and there is no report. PRESENTATIONS Mayor Jensen presented a Proclamation for Arbor Day to Matt Morley, Parks and Public Works Director. Mayor Jensen presented the Small Business, Big Applause Commendation to Green Thumb Nursery. Joanne Talesfore spoke on Poetry Month and introduced three students from Fisher Middle School who read their poems: Margarita Fedorova, Levi Zamora, and Gigi Ward. 2 Town Council/Parking Authority April 21, 2015 COUNCIL/TOWN MANAGER REPORTS Council Matters - Council Member Rob Rennie stated he attended the Green Bike Lanes Ribbon Cutting, Transportation and Parking Ad Hoc Committee meeting, Housing and Community Development Advisory Committee, the League of Cities Bocce Ball Tournament, and the Cities Association meeting. - Vice Mayor Barbara Spector stated she attended the Green Bike Lanes Ribbon Cutting, the Spring Into Green event, and the Transportation and Parking Ad Hoc Committee meeting. - Mayor Marcia Jensen stated she attended the Council Policy Committee meeting, the Valley Transportation Authority Policy Advisory Committee meeting, and the Santa Clara Valley Water District Board meeting. - Council Member Steve Leonardis stated he chaired the West Valley Sanitation District Board of Directors meeting. - Council Member Marico Sayoc stated she attended the Housing Trust Investor meeting with Council Member Rob Rennie. CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION) 1. Approve Council Minutes of April 7, 2015 2. Adopt a resolution to set a date for consideration of a reorganization of uninhabited area designated as Blossom Hill Road No. 24, approximately 1.11 acres located at 15900 Blossom Hill Road. APN: 532-26-027 File #AN14-005 RESOLUTION 2015-020 3. Landscape and Lighting Assessment Districts No. 1 & 2 Consider adopt resolution describing improvements and directing preparation of RESOLUTION 2015-021 the Engineer’s Report for Fiscal Year 2015/16 4. PPW Job No. 14-02 – Hillside Road Repair and Resurfacing Project 811-0007 Staff recommends that the Town Council consider: a. Approving plans and specifications for the Hillside Road Repair and Resurfacing Project and authorizing staff to advertise the project for bid b. Authorizing a revenue (421-811-0007-43406) and expenditure (421-811- 0007-82405) budget adjustment to this project in the amount of $139,000 c. Authorizing the Town Manager to award and execute a construction agreement in an amount not to exceed the available budgeted amount of $249,969 including contingencies d. Authorizing staff to execute future change orders in an amount not to exceed fifteen percent of the contract award amount MOTION: MotionVice Mayor Barbara Spector by to approve Consent Items SecondedCouncil Member Steve Leonardis. 1 through 4. by VOTE: Motionpassed unanimously. 3 Town Council/Parking Authority April 21, 2015 VERBAL COMMUNICATIONS Jak Van Nada - Commented on the necessity for traffic mitigation/simulation software. Angelia Doerner - Commented about the Cat's Hill Classic and invited the community to join in the fun, and commented about the Almond Grove street resurfacing project. Mark Weisler - Commented about the Almond Grove Resurfacing project and suggested more outreach meetings prior to hiring consultants and would like a problem solving approach and due process relating to projects. Ingrid Oakley-Girvan - Commented against the toxic compounds in artificial turf and is against the artificial fields; questioned if the Town could request an EIR for the High School Field; questioned if the Town could help or could be involved. OTHER BUSINESS 5. Authorize the Town to negotiate changes to the 1995 Monte Sereno Police Services Contract with the City Manager of Monte Sereno to adjust the annual increase cap and to consider other cost sharing adjustments (Continued from 2/17/15) Les White, Interim Town Manager, presented the staff report. Opened Public Comment. Doug Mc Neill - Commented on the valued relationship between the Towns and the Police Department and looked forward to a straight forward communication between both Towns. Closed Public Comment. Council discussed the matter. MOTION: MotionCouncil Member Steve Leonardis by to authorize the Town to negotiate changes to the 1995 Monte Sereno Police Services Contract with the City Manager of Monte Sereno to adjust the annual increase cap and to consider other cost sharing SecondedVice Mayor Barbara Spector. adjustments. by VOTE: Motionpassed unanimously. 4 Town Council/Parking Authority April 21, 2015 PUBLIC HEARINGS 6. Architecture and Site Application S-14-036. Project Location: 240 El Cajon Way. Property Owner/Applicant/Appellant: Dmitry Lebedenko. Consider a request to appeal the decision of the Planning Commission denying a request to demolish an existing single-family residence, construct a new single- family residence, and exceed the maximum floor area on property zoned R-1:8. RESOLUTION 2015-022 APN 424-24-042. Jennifer Savage, Associate Planner, presented the staff report. Sheila Lebedenko, applicant/appellant - Commented on the project. Opened Public Comment, Leo Lebedenko - Commented that he would like Council to approve the project because he likes his neighborhood and would like to continue to live there. Giselle Lebendenko - Commented on the need to expand their home. Requested that Council approve their family’s project. Miriam Ruchert Dixon - Requested that Council approve the proposed project. Jacob Chen - Requested that Council approve the proposed project. Yujun Wang - Requested that Council approve the proposed project. David Adams - Commented in support of the proposed project. Ingrid Oakley-Girvan - Commented in support of the proposed project. Dmitry Lebedenko - Commented that the home is eco-friendly and has a small carbon footprint, that they hired an arborist to make sure that the tree will not be harmed, and that they have moved the footprint eleven feet away from the tree. Closed Public Comment. 5 Town Council/Parking Authority April 21, 2015 Public Hearings Item 6 – continued Council discussed the matter. MOTION: MotionCouncil Member Steve Leonardis by to uphold the appeal of the Planning Commission decision and approve revised plans on Attachment #10 and this action is based on new Seconded information presented at the Council meeting. by Council Member Marico Sayoc. VOTE: Motionpassed unanimously. 7. Conditional Use Permit Application U-14-025. Project Location: 165 Los Gatos- Saratoga Road. Property Owner: Nicholas and Sueanne Gera. Applicant: Alexander Hult. Consider a request to modify an existing Conditional Use Permit for a restaurant (Hult’s) to construct and operate an outdoor dining patio with full liquor service on RESOLUTION 2015-023 property zoned C-2. APN 529-04-083. Marni Moseley, presented the staff report. Opened Public Comment. Alexander Hult, applicant - Commented on the project. Closed Public Comment. Council discussed the matter. MOTION: MotionMayor Marcia Jensen by to adopt a resolution to modify an existing Conditional Use Permit for a restaurant (Hult's) to construct and operate an outdoor dining patio and make the required findings in Attachment 1; the hours of operation to be the same as the restaurant; and the furniture be allowed to stay outside SecondedCouncil overnight, properly secured and covered. by Member Marico Sayoc. VOTE: Motionpassed unanimously. OTHER BUSINESS 8. Consider the recommendations of the Policy Committee and Planning Commission approving the Updated Revised Planning Commission Policies and Procedures. 6 Town Council/Parking Authority April 21, 2015 Other Business Item 8 – continued Robert Schultz, Town Attorney, presented the staff report. Opened Public Comment. Lee Quintana - Commented on voting and absences for projects remanded back to Planning Commission, requested verbatim minutes of Council meeting for items remanded back to Planning Commission, and questioned if ex-parte communications can be held between Planning Commissioners and Council Members. Closed Public Comment. Council discussed the matter. MOTION: MotionCouncil Member Marico Sayoc by to adopt the recommendations of the Policy Committee and Planning Commission, approving the Updated Revised Planning SecondedCouncil Commission Policies and Procedures. by Member Steve Leonardis. VOTE: Motionpassed 4/1. Vice Mayor Barbara Spector voting no. ADJOURNMENT The meeting adjourned at 9:39 p.m. Attest: _____________________________________ /s/ Shelley Neis, Clerk Administrator 7 Town Council/Parking Authority April 21, 2015