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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. 2 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. 3 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. 4 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. 5 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. 6 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. 7 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. 8 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 9 Town Council/Parking Authority September 20, 2016