M09-20-16
Town Council Meeting 10/04/16
Item #1
MINUTES OF THE TOWN COUNCIL MEETING
SEPTEMBER 20, 2016
The Town Council of the Town of Los Gatos conducted a Special Meeting on Tuesday,
September 20, 2016, 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 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
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 TOWN MANAGER EVALUATION
(Performance Only)
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
Garrett Rossi led the Pledge of Allegiance. The audience was invited to participate.
PRESENTATIONS
Mayor Spector presented a Small Business, Big Applause Commendation to Gilley’s
Coffee Shoppe. Dave, Catrina, and Andres Berman thanked the Town and the
community for their support.
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 had nothing to report.
- Council Member Rob Rennie stated he attended along with the Vice Mayor the
training for the bicycle and pedestrian counting and he participated in taking counts
on both counting days. He attended the Silicon Valley Clean Energy Authority
Board of Directors meeting, the Valley Transportation Authority (VTA) Policy
Advisory Committee meeting, and the Cities Association Legislative Advisory
Committee meeting and Board meeting.
- Mayor Barbara Spector stated she presented a proclamation to the Methodist
th
Church for their 150 birthday and thanked them for their services to the Town.
- Vice Mayor Marico Sayoc stated she participated in the bicycle and pedestrian
counting, the Veterans Memorial Foundation meeting, the Conceptual Development
Advisory Committee (CDAC) meeting, and the West Valley Mayors/Managers
meeting.
- Council Member Steve Leonardis stated he attended the West Valley Sanitation
District (WVSD) Board of Directors meeting and the Treatment Plant Advisory
Committee meeting.
Manager Matters
- Ms. Prevetti invited all to attend the Screen on the Green to be held at Oak Meadow
Park on Friday, September 30. Children’s activities begin at 6:30 p.m. with the movie
“Inside Out” beginning at 7:00 p.m.
CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION)
1. Approve Council Meeting Minutes of September 1, 2016.
2. Approve Council Meeting Minutes of September 6, 2016.
3. Authorize the Town Manager to execute a Memorandum of Agreement with the
Veterans Memorial and Support Foundation of Los Gatos for the Veterans Memorial
at the Town of Los Gatos Civic Center.
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Town Council/Parking Authority September 20, 2016
Consent Items – continued
4. Authorize the Town Manager to execute an agreement with W. Jeffrey Heid to serve
as a Town consultant to review landscape plans and to perform irrigation audits
required by the State Model Water Efficient Landscape Ordinance.
5. Accept two grants from the Santa Clara County Partnership in Community Health.
6. Authorize the Town Manager to enter into an agreement with O’Brien Code
Consulting, Inc. for Building Division Plan Check Consultant Services.
7. Authorize the Town Manager to enter into an agreement with Interwest Consulting
Group for supplemental Building Plan Check and associated consultant services.
8. Authorize the Town Manager to execute a certificate of acceptance and notice of
completion accepting the work of Guerra Construction and authorize recording by
the Clerk Administrator for PPW Job No. 14-02 Hillside Road Preservation Federal
Project No. STPL-5067 (020).
9. Authorize the Town Manager to execute a certificate of acceptance and notice of
completion accepting the work of FBD Vanguard Construction and authorize
recording by the Clerk Administrator for PPW Job No. 15-813-9921 Curb Ramps
Project.
10. Biennial Review of the Town's Conflict of Interest.
11. Approve the New Museum Los Gatos proposal to install permanent signage to the
exterior wing wall of 106 E. Main Street facing the Civic Center lawn.
12. Approve a revised LED Streetlight Retrofit Project scope (PPW Project No. 813-
0224).
13. 16020 Winterbrook Road - Consider adopting a resolution to set a date for
consideration of a reorganization of an uninhabited area designated as Winterbrook
Road No. 5, containing approximately 0.394 acre parcel pre-zoned R-1:8. APN 532-
26-014. Annexation Application AN-16-005. Property Owner/Applicant: Joshua
Stults.
Council Member Rennie pulled Item #11.
Angelia Doerner pulled Item #9.
Council Member Jensen and Mayor Spector asked questions of staff on Item #3 which
were addressed by Robert Schultz, Town Attorney.
MOTION: MotionCouncil Member Marcia Jensen
by to approve Consent
Seconded
Items 1 through 13, exclusive of Items 9 and 11. by
Mayor Barbara Spector.
VOTE: Motionpassed unanimously.
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Town Council/Parking Authority September 20, 2016
Pulled Consent Item #9
9. Authorize the Town Manager to execute a certificate of acceptance and notice of
completion accepting the work of FBD Vanguard Construction and authorize
recording by the Clerk Administrator for PPW Job No. 15-813-9921 Curb Ramps
Project
Lisa Petersen, Town Engineer, presented the staff report.
Opened Public Comment.
Angelia Doerner
- Thanked Parks and Public Works for the great curb ramp design.
Closed Public Comment.
Council discussed the matter.
MOTION: MotionCouncil Member Steve Leonardis
by to authorize the
Town Manager to execute a certificate of acceptance and notice of
completion accepting the work of FBD Vanguard Construction and
Seconded
authorize recording by the Clerk Administrator. by
Mayor Barbara Spector.
VOTE: Motionpassed unanimously.
Pulled Consent Item #11
11. Approve the New Museum Los Gatos proposal to install permanent signage to the
exterior wing wall of 106 E. Main Street facing the Civic Center lawn
Shelayne Hammack, Management Analyst, presented the staff report.
Opened and closed Public Comment.
Council discussed the matter.
MOTION: MotionCouncil Member Marcia Jensen
by to approve the
proposed sign with an option to move the sign if it conflicts with the
SecondedCouncil Member Steve
future Veterans’ Memorial. by
Leonardis.
VOTE: Motionpassed unanimously.
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Town Council/Parking Authority September 20, 2016
VERBAL COMMUNICATIONS
Angelia Doerner
- Commented on the curb ramp design for the Almond Grove and requested they be
changed.
Shuang Ji
- Commented on the House of Representatives Resolution 343 condemning the
practice of state-sanctioned, forced organ harvesting in the People’s Republic of
China, requested Council to pass a similar resolution, and invited all to a screening
of a movie that speaks to the topic.
PUBLIC HEARINGS
14. 16362 Hilow Road. Consider an appeal of a Planning Commission decision denying
a request to construct a new single-family residence on property zoned R-1:8. APN
532-0-08. Architecture and Site application S-16-011.
Joel Paulson, Director of Community Development, presented the staff report.
Sandy Harris and Joel Baldwin, applicant/appellant representatives, spoke on the
project.
Opened Public Comment.
Terence Unter
- Commented in support of the project.
Krysten Hariri
- Commented in support of the project.
Bill Wagner
- Commented in opposition to the project.
Perry Hariri
- Commented in support of the project.
Craig Ford
- Commented in support of the project.
Debora Wagner
- Commented in opposition to the project.
Marc Buckland
- Commented in support of the project.
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Town Council/Parking Authority September 20, 2016
Public Hearing Item #14 – continued
William Schwartz
- Commented in support of the project.
Karol Ryan
- Commented in support of the project.
Whitney Halladay
- Commented in support of the project.
Scott Uran
- Commented in support of the project.
Mike Brown
- Commented in support of the project.
Loree Vitale
- Commented in support of the project.
Ron Deering did not come forward.
Dennis Byron
- Commented in support of the project.
Ehab Youssef
- Commented in support of the project.
David Zirl
- Commented in support of the project.
Sandy Decker
- Commented in opposition to the project.
Shannon Susik
- Commented in opposition to the project.
Lee Quintana
- Commented that the majority of single story homes are being replaced by two story
homes, which reduces the number of single story homes for seniors to transition to
new accommodations.
Jeanne Driedger
- Commented in opposition to the project.
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Town Council/Parking Authority September 20, 2016
Public Hearing Item #14 – continued
Kim Grounds
- Commented in support of the project.
Sandy Harris, applicant/appellant representative
- Addressed comments.
Closed Public Comment.
Council discussed the matter.
MOTION: MotionCouncil Member Rob Rennie
by to grant the appeal of the
Planning Commission decision based on the fact the policy around
the County neighborhoods is not clear, there is not yet a policy
regarding creeping two stories, and there is not yet a clear policy
about reducing non-permeable surfaces. AMENDMENT: to keep
the two trees in the front yard to further help the screening, include
the changes from the Development Review Committee (DRC) to
mitigate the neighbors’ concerns, raising the bathroom window sill,
SecondedVice Mayor Marico
and using obscure glass. by
Sayoc.
VOTE: By show of hands, motionfailed 2/3. Mayor Barbara Spector
and Council Members Marcia Jensen and Steve Leonardis
voting no.
MOTION: MotionCouncil Member Marcia Jensen
by to grant the appeal
but remand the matter to the Planning Commission per Attachment
6 to formalize those issues that have been raised by the applicant,
i.e. retain the trees, screen the windows, ensure the drainage is
correct, and consider reducing the size of the cellar and the size of
SecondedMayor Barbara Spector.
the garage.. by
VOTE: By show of hands, motionpassed unanimously.
Recess at 9:53 p.m.
Reconvened at 10:02 p.m.
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Town Council/Parking Authority September 20, 2016
OTHER BUSINESS
15. Authority for exclusive negotiation with Presidio regarding a potential parking garage
and residential development
Matt Morley, Director of Parks and Public Works, presented the staff report.
Other Business Item #15 – continued
Opened Public Comment.
Mark Conroy, Presidio Development Partners, LLC
- Commented on the firm’s experience on this type of project and requested Council
move forward with the project.
Cameron Schwab, Barry Swenson Builder
- Questioned why the firm was being excluded from further negotiations.
Angelia Doerner did not come forward.
Closed Public Comment.
Council discussed the matter.
MOTION: MotionCouncil Member Marcia Jensen
by to authorize the Town
Manager to enter exclusive negotiations with Presidio Development
for the development of a downtown mixed use public parking and
residential development as recommended by the Council Ad Hoc
Committee on Parking and Infrastructure, with the understanding
that if negotiations are not successful, negotiations will be opened
SecondedMayor Barbara Spector.
again for other bidders. by
VOTE: By show of hands, motionpassed unanimously.
16. Consider Council Policy Committee recommendations to amend Council Policy 2-01
entitled Town Council Agenda Format and Rules and Policy 2-05 entitled Planning
Commission Policies and Procedures
Robert Schultz, Town Attorney, presented the staff report.
Opened and closed Public Comment.
Council discussed Policy 2-01.
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Town Council/Parking Authority September 20, 2016
Other Business Item #16 – continued
MOTION: MotionCouncil Member Steve Leonardis
by that the time limits
SecondedMayor Barbara
remain as is in the existing policy. by
Spector.
VOTE: Motionpassed 3/2. Vice Mayor Marico Sayoc and Council
Member Marcia Jensen voting no.
Council discussed Policy 2-05.
MOTION: MotionCouncil Member Steve Leonardis
by to approve the
recommendation that a new section would be added to the Town
Council Agenda Format and Rules pertaining to telephonic
attendance at Council meetings with the intention that the
requirements would pertain to all Town Boards, Committees, and
SecondedMayor Barbara Spector.
Commissions. by
VOTE: Motionpassed 4/1. Council Member Rob Rennie voting no.
ADJOURNMENT
The meeting adjourned at 10:42 p.m.
Attest:
_____________________________________
/s/ Shelley Neis, Clerk Administrator
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Town Council/Parking Authority September 20, 2016