Loading...
M05-03-16 Town Council Meeting 05/17/16 Item #1 MINUTES OF THE TOWN COUNCIL/PARKING AUTHORITY MEETING MAY 3, 2016 The Town Council of the Town of Los Gatos conducted a Special Meeting on Tuesday, May 3, 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. ROLL CALL Present: Mayor Barbara Spector, Vice Mayor Marico Sayoc, Council Member Steve Leonardis, Council Member Rob Rennie. Absent: Council Member Marcia Jensen VERBAL COMMUNICATIONS Catherine (last name not provided) commented on the Dittos Lane property. Cameron Tule commented on the Dittos Lane property. Lisa Tule commented on the Dittos Lane property and submitted a document into the record. CS-1. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Government Code Section 54956.8) Property: 75 Church St. (Forbes Mill) (APN: 529-54-050) Negotiating Parties: Town of Los Gatos (Negotiator: Matt Morley, PPW Director) Potential Buyers and/or Tenants Negotiations: Price and terms of potential sale or lease Property: 4 Tait Avenue (Museum) (APN: 510-44-054) Negotiating Parties: Town of Los Gatos (Negotiator: Matt Morley, PPW Director) Potential Buyers and/or Tenants Negotiations: Price and terms of potential sale or lease. Property: 14850 Winchester Avenue (APN: 424-31-055) Negotiating Parties: Town of Los Gatos (Negotiator: Matt Morley, PPW Director) Potential Buyers and/or Tenants Negotiations: Price and terms of potential sale or lease. Property: 4 New York Avenue (Venue) (APN: 529 -27 -024) Negotiating Parties: Town of Los Gatos (Negotiator: Laurel Prevetti, Town Manager) KCAT (Negotiator: Melissa Toran) Negotiations: Price and terms of lease. Closed Session – continued Property: 20 Dittos Lane (APN: 529-29-034) Negotiating parties: Town of Los Gatos (Negotiator: Matt Morley, PPW Director) Potential Buyers and/or Tenants Negotiations: Price and terms of potential sale or payment of lease CS-2. CONFERENCE WITH LEGAL COUNSEL – PENDING LITIGATION (Government Code Section 54956.9[d][1]) Town of Los Gatos vs. California Department of Transportation and the Santa Clara Valley Transportation Authority MEETING CALLED TO ORDER AT 7:00 P.M. ROLL CALL Present: Mayor Barbara Spector, Vice Mayor Marico Sayoc, Council Member Steve Leonardis, Council Member Rob Rennie. Absent: Council Member Marcia Jensen PLEDGE OF ALLEGIANCE Lorenzo Fabela led the Pledge of Allegiance. The audience was invited to participate. PRESENTATIONS Mayor Spector presented Matt Morley, Director of Parks and Public Works, with a Proclamation for National Public Works Week. COUNCIL/TOWN MANAGER REPORTS Council Matters - Council Member Rob Rennie stated he attended the Silicon Valley Community Choice Energy Joint Powers Authority (JPA) meeting. - Mayor Barbara Spector stated she attended the Santa Clara County Annual Art Exhibition at NUMU; the Children's Special Olympics event; the Silicon Valley Leadership Group meeting; and the Council Finance Committee meeting with Council Member Steve Leonardis. - Vice Mayor Marico Sayoc stated she attended the Council Policy Committee meeting with Council Member Marcia Jensen, and the Highway 9 and Highway 17 interchange clean up. - Council Member Steve Leonardis stated he attended the Council Finance Committee meeting with Mayor Barbara Spector. 2 Town Council/Parking Authority May 3, 2016 Manager Matters - Announced new artwork has been installed in the Council Chambers. - Announced the Veteran’s Memorial Committee is accepting the public’s input on the two proposals that are available to view on the Town website. - Announced the Parks and Public Works Department will be hosting their annual Open House in the morning on May 18 for National Public Works Week and the public is invited to attend. CLOSED SESSION REPORT Robert Schultz, Town Attorney, stated Council met in Closed Session as duly noted on the agenda and there is no report. CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION) 1. Approve Council Minutes of April 19, 2016 2. Authorize the Town Manager to execute a certificate of acceptance and notice of completion accepting the work of Graniterock Company and authorize recording by the Clerk Administrator for PPW Job No. 13-04 Winchester Blvd. and Lark Avenue Intersection Improvements Project 3. Town Custodial Services a. Authorize the Town Manager to execute a first amendment to the agreement for services with Sunnyvale Building Maintenance in an amount not to exceed $207,179, including a ten percent contingency for special cleanings, unforeseen cleanups, and other maintenance issues. b. Authorize a modification to the contract scope to fund the Town Library Day porter service for fiscal year 2015/16 within the current contract amount. 4. Fiesta de Artes a. Authorize the Town Manager to execute a three year agreement for services with the Kiwanis Club of Los Gatos to provide operation of the Fiesta de Artes Art Festival to be held each August on the Civic Center grounds through September 2018. b. Authorize the annual issuance of temporary pushcart permits, not to exceed five (5), for the two-day Fiesta de Artes Art Festival through September 2018. 5. PPW Job No. 15-813-9921 - Curb Ramps 813-9921 a. Approve the contract award and authorize the Town Manager to execute a construction agreement with FBD Vanguard Construction Inc. in an amount not to exceed $93,269, which includes a 10% contingency. b. Authorize staff to execute future change orders in an amount up to the allocated contingency amount of 10%. 6. Adopt a resolution declaring hazardous vegetation (brush) a public nuisance and providing for abatement and setting June 7, 2016 as a public hearing to hear RESOLUTION 2016-017 protests on this annual program. 3 Town Council/Parking Authority May 3, 2016 Consent Items – continued 7. Landscape & Lighting Assessment Districts 1 & 2 a. Adopt a Resolution approving the Engineer’s Report for FY 2016/17. RESOLUTION 2016-018 b. Adopt a Resolution of intention to order the levy and collection of assessments for Landscape and Lighting District No. 1-Blackwell Drive RESOLUTION 2016-019 Benefit Zone. c. Adopt a Resolution of intention to order the levy and collection of assessments for Landscape and Lighting District No. 1-Kennedy RESOLUTION 2016-020 Meadows Benefit Zone. d. Adopt a Resolution of intention to order the levy and collection of assessments for Landscape and Lighting District No. 1-Santa Rosa RESOLUTION 2016-021 Heights Benefit Zone. e. Adopt a Resolution of intention to order the levy and collection of assessments for Landscape and Lighting District No. 1-Vasona Heights RESOLUTION 2016-022 Benefit Zone. f. Adopt a Resolution of intention to order the levy and collection of assessments for Landscape and Lighting District No. 1-Hillbrook Drive RESOLUTIO 2016-023 Benefit Zone. g. Adopt a Resolution of intention to order the levy and collection of assessments for Landscape and Lighting District No. 2-Gemini Court RESOLUTION 2016-024 Benefit Zone. h. Set June 21, 2016 as the date for the public protest hearing for the assessments. Item #5 was pulled by a member of the public. MOTION: MotionCouncil Member Steve Leonardis by to approve the SecondedCouncil Member Consent Items, excluding Item #5. by Rob Rennie. VOTE: Motionpassed unanimously. Pulled Consent Item #5 5. PPW Job No. 15-813-9921 - Curb Ramps 813-9921 a. Approve the contract award and authorize the Town Manager to execute a construction agreement with FBD Vanguard Construction Inc. in an amount not to exceed $93,269, which includes a 10% contingency. b. Authorize staff to execute future change orders in an amount up to the allocated contingency amount of 10%. 4 Town Council/Parking Authority May 3, 2016 Consent Item #5 – continued Angelia Doerner - Commented on the ADA requirements for the curbs and gutters and requested the locations be included in the staff report. Lisa Petersen, Town Engineer, addressed questions. Opened and closed Public Comment. Council discussed the matter. MOTION: MotionCouncil Member Steve Leonardis by to A) approve the contract award and authorize the Town Manager to execute a construction agreement with FBD Vanguard Construction Inc. in an amount not to exceed $93,269, which includes a 10% contingency; and B) authorize staff to execute future change orders in an amount Seconded up to the allocated contingency amount of 10%. by Council Member Rob Rennie. VOTE: Motionpassed unanimously. VERBAL COMMUNICATIONS Scott Caplener - Commented on Town Code Chapter 4 dealing with chickens and inquired if there is any citizen involvement when modifications to the Code are considered. Angelia Doerner - Commented on the cost of the conduit for the Almond Grove street project. PUBLIC HEARINGS 8. Adopt an interim urgency ordinance extending the water conservation urgency ordinance No. 2239 until and through May 4, 2017, further declaring the existence of a condition of water shortage and providing for mandatory reductions in and specified prohibitions of water use, subject to modification and ORDINANCE 2253 enforcement levels provided by the State and local agencies. Matt Morley, Director of Parks and Public Works, presented the staff report. Opened and closed Public Comment. Council discussed the matter. 5 Town Council/Parking Authority May 3, 2016 Public Hearing Item #8 – continued MOTION: MotionCouncil Member Steve Leonardis by to adopt an interim urgency ordinance (Attachment 1) extending the water conservation urgency ordinance No. 2239 (Attachment 2) until and through May 4, 2017, further declaring the existence of a condition of water shortage and providing for mandatory reductions in and specified prohibitions of water use, subject to modification and enforcement levels provided by the State and local agencies. SecondedMayor Barbara Spector. by VOTE: Motionpassed unanimously. 9. Adopt an Ordinance of the Town Council of the Town of Los Gatos amending Section 18.60.10 to include restrictions on smoking in commercial zoned areas and in multi-unit residences and other miscellaneous edits (Continued from April 19). Robert Schultz, Town Attorney, presented the staff report. Opened Public Comment. Carol Baker, American Cancer Society Cancer Action - Commented in favor of the proposed ordinance. Roger P. Kennedy, MD, Tobacco Free Coalition of Santa Clara County - Commented in favor of the proposed ordinance. Barbara Broderick - Commented in favor of the proposed ordinance. David Weissman - Commented in favor of the proposed changes and strongly encouraged further restrictions also be included. Rosemary (no last name provided) - Commented in favor of the proposed ordinance. Closed Public Comment. Council discussed the matter. 6 Town Council/Parking Authority May 3, 2016 Public Hearing Item #9 – continued MOTION: MotionCouncil Member Steve Leonardis by to introduce the ordinance by title only. Motion amended to include that the tobacco retail licensing and over 21 purchasing restrictions be brought to Council in six months; and to direct staff to come back to Council in one year with a review and with possible suggestions for more Seconded stringent regulations for multi-unit owned residences. by Vice Mayor Marico Sayoc. VOTE: Motionpassed unanimously. The Clerk Administrator read the title of the ordinance. 10. Subdivision Application M-15-001, Architecture and Site Applications S-15-009 through S-15-011. Project Location: 15975 Union Avenue. Property Owner: Betchart Union Ave Joint Venture Partnership. Applicant/Appellant: Gary Kohlsaat. Consider an appeal of a Planning Commission decision denying a request to demolish an existing single-family residence, subdivide one lot into three lots, construct three new single-family residences, and remove large RESOLUTION protected trees on property zoned R-1:10. APN 523-42-017. 2016-025 Erin Walters, Associate Planner, presented the staff report. Opened Public Comment. Charlie Bronitsky, Will Betchart, and Gary Kohlsaat, applicant/appellant representatives - Commented on the project. Jan Murray - Commented on the design of the lane changes, the driveway ingress and egress, water runoff management system, clear cutting of trees, traffic, and the lot ratio to house size. Charlie Bronitsky, Will Betchart, and Gary Kohlsaat, applicant/appellant representatives - Addressed comments on the project. Closed Public Comment. Council discussed the matter. 7 Town Council/Parking Authority May 3, 2016 Public Hearing Item #10– continued MOTION: MotionCouncil Member Rob Rennie by to adopt the resolution contained in Attachment 12 with Exhibit A that lists the findings to grant the approval and approve the proposed project; and that Council is making Finding C, an issue or policy over which the Planning Commission did not have discretion to modify or address, but which is vested in the Council for modification or decision. Motion amended: that the applicant should consider lengthening the left turn pocket on Blossom Hill Road that provides for access SecondedCouncil Steve to northbound Union Avenue. by Leonardis. VOTE: Motionpassed 3/1. Vice Mayor Marico Sayoc voting no. Recess at 9:32 p.m. Reconvened at 9:41 p.m. 11. Architecture and Site Application S-15-053 and S-15-054. Property Location: 360 Bella Vista Avenue. Applicant/Appellant: Michael Black. Property Owner: John Brady. Consider an appeal of the decision of the Planning Commission denying a request to demolish an existing two-family residence, and construct two new single-family residences on property zoned R-1:8. APN 529-22-038. RESOLUTION 2016-026 Marnie Moseley, Associate Planner, presented the staff report. Opened Public Comment. Michael Black, John Brady, and Chris Spaulding, applicant/appellant - Commented on the project. Carol Hamilton - Commented against the project. Eleanor Leishman - Commented against the project. Lee Quintana - Commented on the project. Debra Chin - Encouraged the Council to think about precedence as projects are viewed. 8 Town Council/Parking Authority May 3, 2016 Public Hearing Item #11 – continued Michael Black, applicant/appellant - Addressed comments. Closed Public Comment. Council discussed the matter. MOTION: MotionMayor Barbara Spector by to adopt a resolution to deny the appeal and remand the project to the Planning Commission to reconsider the applications for homes that are smaller and SecondedVice Mayor compatible with the neighborhood. by Marico Sayoc. VOTE: Motionpassed unanimously. OTHER BUSINESS There was no other business. ADJOURNMENT The meeting adjourned at 10:25 p.m. Attest: _____________________________________ /s/ Shelley Neis, Clerk Administrator 9 Town Council/Parking Authority May 3, 2016