M03-15-16
Town Council Meeting 04/05/16
Item #1
MINUTES OF THE TOWN COUNCIL/PARKING AUTHORITY MEETING
MARCH 15, 2016
The Town Council of the Town of Los Gatos conducted a Special Meeting on Tuesday,
March 15, 2016 to hold a Closed Session at 6:00 p.m. and a Regular Meeting at 7:00
p.m.
CLOSED SESSION – 6:00 P.M.
CS-1 PUBLIC EMPLOYEE APPOINTMENT, EMPLOYMENT, EVALUATION, OF
PERFORMANCE, DISCIPLINE, AND DISMISSAL
[Government Code Section 54957(b)(1)]
Title: Town Manager
MEETING CALLED TO ORDER AT 7:00 P.M.
ROLL CALL
Present: Mayor Barbara Spector, Vice Mayor Marico Sayoc, Council Member Marcia
Jensen, Council Member Steve Leonardis, Council Member Rob Rennie.
Absent: None
PLEDGE OF ALLEGIANCE
Danika Lyle led the Pledge of Allegiance. The audience was invited to participate.
PRESENTATIONS
Mayor Spector presented the Small Business, Big Applause Commendation to Amy’s
Alterations.
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 Marcia Jensen stated she attended the Valley Transportation
Authority (VTA) Policy Advisory Committee meeting and the special meeting of the
Council Policy Committee with Vice Mayor Marico Sayoc.
- Council Member Rob Rennie stated he attended an update regarding the Water
Treatment Reliability Project meeting and the Business of Local Energy
Symposium.
- Mayor Barbara Spector stated she and staff attended the Business Outreach
meeting with Los Gatos Luxury Cars, and in conjunction with staff, a telephone
conference call with Google regarding street parking.
Council Matters – continued
- Vice Mayor Marico Sayoc stated she attended the Alta Vista Read Across America
event, the Santa Clara County Cities Association meeting as an alternate, and the
Council Policy Committee meeting with Council Member Marcia Jensen.
- Council Member Steve Leonardis stated he attended the West Valley Sanitation
District (WVSD) Board of Directors meeting and the San Jose Treatment Plant
Advisory meeting.
Manager Matters
- Announced the deadline to submit adult Board and Commission applications is
Friday, March 25, 2016, 5:00 p.m. Student Commissioner applications are due April
29, 2016, 5:00 p.m.
- Announced the Planning Commission will hear the North 40 Phase I development
applications at a special meeting on March 30, 2016, 7:00 p.m.
CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION)
1. Approve Council minutes of March 1, 2016.
2. Second Quarter Investment Report (October through December 2015) for Fiscal
Year 2015/16.
3. Adopt a resolution to set a date for consideration of a reorganization of an
uninhabited area designated as Hilow Road No. 6, approximately 0.27 acres
located at 16362 Hilow Road. APN 532-04-082. File #AN16-001.
RESOLUTION 2016-009
4. Adopt a Resolution:
A.
Declaring certain real property on Dittos Lane, APN 529-29-034 surplus to
the needs of the Town; and
B.
Declaring certain real property on Winchester Avenue at Lark Avenue,
APN 424-31-055 surplus to the needs of the Town; and
C.
Directing staff to conduct notification requirements pursuant to California
Government Code §54222.
D.
Directing staff to explore opportunities for sale of the properties
subsequent to completion of the required notifications.
Consent Item #4 pulled by the public.
MOTION: MotionCouncil Member Steve Leonardis
by to approve the
SecondedCouncil Member Rob
Consent Items 1 through 3. by
Rennie.
VOTE: Motionpassed unanimously.
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Pulled Consent Item #4
RESOLUTION 2016-010
4. Adopt a Resolution:
A.
Declaring certain real property on Dittos Lane, APN 529-29-034 surplus to
the needs of the Town; and
B.
Declaring certain real property on Winchester Avenue at Lark Avenue,
APN 424-31-055 surplus to the needs of the Town; and
C.
Directing staff to conduct notification requirements pursuant to California
Government Code §54222.
D.
Directing staff to explore opportunities for sale of the properties
subsequent to completion of the required notifications.
Opened public comment at 7:17 p.m.
Linda Caplinger
- Commented on the use of the Dittos Lane property.
Jak Van Nada
- Commented against selling both properties.
Larry Arzie
- Commented in favor of forming a separate committee to determine the potential
uses of the properties and encouraged the use of deed restrictions.
John Shepardson
- Commented on the use of Town funds and the need to sell the properties to fund
the police department.
Todd Johnson
- Commented on the use of the Dittos Lane property.
Closed public comment at 7:33 p.m.
Council discussed the matter.
MOTION: MotionCouncil Member Steve Leonardis
by to approve staff
Seconded
recommendations 1 through 4 in the staff report. by
Council Member Rob Rennie.
VOTE: Motionpassed 4/1. Council Member Marcia Jensen voting no.
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VERBAL COMMUNICATIONS
Tricia Hancock
- Commented in favor of a smoking ordinance and submitted a petition signed by
business owners in support of an ordinance.
Angelia Doerner
- Commented on the conduit location and cost for the Almond Grove project.
John Shepardson
- Commented on the budget and police costs.
PUBLIC HEARINGS
5. Comprehensive Fee And Fine Schedules:
A.
Adopt a resolution approving the comprehensive fee schedule for Fiscal
Year (FY) 2016/17 to continue certain department fees, rates, and
charges, and amending certain fees, rates, and charges for FY 2016/17.
RESOLUTION 2016-011
B.
Adopt a resolution approving the Comprehensive Fine Schedule for FY
2016/17 to continue certain department fines, and amending certain fines
RESOLUTION 2016-012
for FY 2016/17.
Gitta Ungvari, Administrative Analyst, presented the staff report.
Opened and closed Public Comment at 8:25 p.m.
Council discussed the matter.
MOTION: MotionCouncil Member Steve Leonardis
by to approve the staff
SecondedCouncil
recommendations in the staff report. by
Member Rob Rennie.
VOTE: Motionpassed unanimously.
OTHER BUSINESS
6. Receive the report from the Ad Hoc Citizen Committee and implement the
following recommendations:
A.
Authorize the Town Manager to enter into consulting agreements with
both a lead consulting firm and a public opinion research agency to
conduct polling for a sales tax revenue ballot measure or a Utility User Tax
(UUT) revenue ballot measure for consideration during the November
2016 general election with appropriate budget adjustments from year-end
revenues over expenditures.
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Town Council/Parking Authority March 15, 2016
Other Business Item #6 – continued
B.
Direct staff to prepare a draft ordinance and resolution for future
consideration, placing a tax measure on the November 2016 ballot to
increase the Transient Occupancy Tax (TOT) by 2% for a total of 12%.
C.
Provide further direction on the continued scope and role of the Ad Hoc
Citizen Committee.
Jennifer Callaway, Assistant Town Manager, presented the staff report.
Opened Public Comment at 8:49 p.m.
Jak Van Nada, Ad Hoc Citizen Committee member
- Commented that the public members of the Committee felt it was important for them
to understand the fiduciary responsibilities of the Town before recommending a tax
measure.
Larry Arzie
- Commented against taxes.
Lee Fagot, Ad Hoc Citizen Committee Chair
- Commented on the Committee's recommendations.
Lee Quintana
- Commented in support of a TOT or Sales tax and against a UUT and inquired what
the estimated revenue would be with a 0.25 and 0.50 percent sales tax and TOT.
Closed Public Comment at 9:00 p.m.
Council discussed the matter.
MOTION: MotionCouncil Member Steve Leonardis
by to approve staff
recommendations , not include TOT in the polling, and to continue
the Committee as necessary when the information is received back
from the consultant through the drafting of a potential ballot
SecondedVice Mayor Marico Sayoc.
language. by
VOTE: Motionpassed 3/2. Mayor Barbara Spector and Council
Member Marcia Jensen voting no.
Recess at 9:27 p.m.
Reconvened at 9:35 p.m.
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7. Review the work of the Council Ad Hoc Committee on Parking and Infrastructure:
A.
Direct Staff to begin negotiations with Barry Swenson Builder and Presidio
Development.
B.
Establish a Capital Project and approve a budget adjustment in the
amount of $20,000 from Fiscal Year 2015/16 year end savings to retain
consultant services for negotiations.
C.
Return to Council with a draft agreement for construction of a mixed use
parking facility with one of the parties.
Matt Morley, Director of Parks and Public Works, presented the staff report.
Opened Public Comment at 9:50 p.m.
Angelia Doerner
- Commented on the required number of parking spaces for the residential units.
Maria Ristow
- Commented on the intensification of use for this location and encouraged looking at
alternative ways to complete the project.
Jim Foley
- Commented on the intensification of use at the location and the funding.
Cameron Schwab, Barry Swenson Builders representative
- Commented on the proposal and process.
Larry Arzie
- Commented in favor of moving the residential units to Dittos Lane and have a
parking garage only at the location; and suggested leasing the property to the
developer with the ability to charge for parking and build 300 parking spaces.
Lee Quintana
- Commented that the housing should not be relocated to Dittos Lane; expressed
support of paid parking and in support of commercial on the site to make it
architecturally appealing;, and commented on the parking district.
Closed Public Comment at 10:16 p.m.
Council discussed the matter.
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Other Business Item #7 – continued
MOTION: MotionCouncil Member Steve Leonardis
by to continue to
explore the possibility of a parking garage with 1) no less than 300
parking spaces; 2) minimize the visual impact by looking at density
as well as setbacks and other parameters; 3) create six below
market price units and as few as possible additional units to make
the project financially feasible; 4) consider funds such as BMP or
other revenue sources to contribute to the project; and 5) analyze
whether a rental or ownership agreement makes the most sense for
SecondedCouncil Member Rob Rennie.
the garage. by
VOTE: Motionpassed unanimously.
8. Discuss and consider the Policy Committee’s recommendation to adopt two
resolutions suspending the requirement for formula retailers to obtain a
Conditional Use Permit (CUP), and Section I of Ordinance 2021 discouraging the
replacement of retail uses with restaurant uses, for an eighteen month trial
period.
Monica Renn, Economic Vitality Manger, presented the staff report.
Opened Public Comment at 11:12 p.m.
Larry Arzie
- Commented against the recommendations.
Jim Foley
- Commented in support of the Policy Committee recommendations.
Jason Farwell
- Commented in support of the Policy Committee recommendations.
Angelia Doerner
- Commented on the differences between downtown Campbell and Los Gatos.
Closed Public Comment at 11:38 p.m.
Council discussed the matter.
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Other Business Item #8 – continued
MOTION: MotionVice Mayor Marico Sayoc
by to adopt a resolution
(Attachment 1) to suspend the requirement for formula retailers to
SecondedCouncil
obtain a Conditional Use Permit (CUP). by
Member Marcia Jensen.
VOTE: Motionfailed 2/3. Mayor Barbara Spector and Council
Members Steve Leonardis and Rob Rennie voting no.
MOTION: MotionCouncil Member Steve Leonardis
by to continue the
SecondedCouncil Member Rob
meeting until 12:15 a.m. by
Rennie.
VOTE: Motionpassed unanimously.
MOTION: MotionCouncil Member Rob Rennie
by to change the ordinance
so that formula retail CUPs go to DRC only and do not need to go
Failed for lack of a second.
to Planning Commission.
MOTION: MotionCouncil Member Steve Leonardis
by to return the matter
to the Policy Committee to consider reduction in time, fees, and
SecondedMayor Barbara Spector.
traffic impact fees. by
VOTE: Motionpassed unanimously.
ADJOURNMENT
The meeting adjourned at 12:15 a.m.
Attest:
_____________________________________
/s/ Shelley Neis, Clerk Administrator
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