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Staff Report 110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832 www.losgatosca.gov TOWN OF LOS GATOS COUNCIL AGENDA REPORT MEETING DATE: 01/16/2018 ITEM NO: 4 DRAFT MINUTES OF THE TOWN COUNCIL MEETING DECEMBER 19, 2017 The Town Council of the Town of Los Gatos conducted a Regular Meeting on Tuesday, December 19, 2017, at 7:00 p.m. MEETING CALLED TO ORDER AT 7:01 P.M. ROLL CALL Present: Mayor Rob Rennie, Vice Mayor Steve Leonardis, Council Member Marcia Jensen, Council Member Marico Sayoc, Council Member Barbara Spector. Absent: None PLEDGE OF ALLEGIANCE Noah Hale led the Pledge of Allegiance. The audience was invited to participate. PRESENTATIONS Mayor Rennie presented a Small Business, Big Applause Commendation to Hanna Bistro. Hanna Pham thanked the Town for their support. Supervisor Wasserman presented Healthy Cities Initiative Awards to the Town for the following:  Exemplary City Award for Inclusive and Comprehensive Health Planning and Programs  Exemplary City Award for Safe Routes to School  Best in Tobacco-Free Communities 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 Policy Committee with Council Member Sayoc. - Vice Mayor Steve Leonardis stated he attended the West Valley Sanitation District Board of Directors Meeting. - Mayor Rob Rennie stated he attended LAFCO meeting, SVCEA Risk Oversight Committee and Board of Directors meetings, VTA Policy Advisory Committee meeting, Silicon Valley Leadership Annual Reception, Cities Association Holiday Party, Ad Hoc Council Parking and PAGE 2 OF 8 SUBJECT: DRAFT MINUTES OF THE TOWN COUNCIL MEETING OF DECEMBER 19, 2017 DATE: DECEMBER 20, 2017 Council Matters continued Infrastructure Committee Meeting, and a Silicon Valley Bike Coalition event (including a tour of bike and pedestrian improvements around Town). He also met with Carl Guardino with the Town Manager, Parks and Public Works Director, and the Mayor of Monte Sereno to discuss Highway 17 operational improvements. - Council Member Marico Sayoc stated she attended the Policy Committee meeting, Peninsula Division of the League of California Cities meeting, and the Wreaths Across America Ceremony at Los Gatos Memorial Park. - Council Member Barbara Spector stated she attended the Parking and Infrastructure Committee meeting. Manager Matters - Town Manager, Laurel Prevetti, wished the Mayor and Council happy holidays and announced the closure hours. CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION) 1. Approve Closed Session Meeting Minutes of December 5, 2017. 2. Approve Council minutes of December 5, 2017. 3. Adopt Council Committee Appointments Effective January 1, 2018. 4. Adopt the ordinance amending Town Code Chapter 2, Division 4 – Conflict Of Interest, Section 2.30.615. – Filing of Statements and adding Section 2.30.620. – Relating to Electronic and Paperless Filing of Fair Political Practices Commission Campaign Disclosure Statements. ORDINANCE 2267 5. Authorize additional compensation for legal services in an amount of $35,000 for litigation defense services in the Matter of Eden Housing Inc., Summerhill Homes LLC, and Gro svenor USA Limited v. Town of Los Gatos for a total contract not to exceed Amount of $135,000. 6. Authorize the Town Manager to execute an Agreement for Employee Safety Compliance and Training Services Consultant Services with BSI EHS Services and Solutions (West) Inc., in an amount not to exceed $147,600. 7. Approve an Alternative Book Replacement and Fine Forgiveness Program in Lieu of Standard Library Fines for a Temporary Period of One Month. 8. Accept a California State Library Grant in the amount of $7,200, and authorize a revenue and expenditure budget adjustment in the amount of $7,200 to recognize receipt and use of grant funds. 9. Annexation - 14915 Shannon Road. Annexation Application AN17-001. Property Owner/Applicant: Ray M. Elam. Adopt a resolution to set a date for consideration of reorganization of an uninhabited area designated as Shannon Road No. 27, approximately 28.61 acres on property pre-zoned RC. APN 537-27-047. RESOLUTION 2017-065 10. Authorize the Town Manager to execute a Charging Station Agreement with Tesla, Inc. to provide electric vehicle charging infrastructure and services at the North Parking Lot. PAGE 3 OF 8 SUBJECT: DRAFT MINUTES OF THE TOWN COUNCIL MEETING OF DECEMBER 19, 2017 DATE: DECEMBER 20, 2017 Consent Items Continued 11. Authorize the Town Manager to execute a Certificates of Acceptance and Notices of Completion accepting the work of Joseph J. Albanese and American Pavement Systems and authorize recordings by the Clerk Administrator for PPW Job No. 16 -811-9901 and 16-811- 9903 Annual Street Repair and Resurfacing and Pavement Rehab ilitation – Crack Seal Project. 12. Authorize the Town Manager to execute a Certificate of Acceptance and Notice of Completion accepting the work of G. Bortolotto & Co. and authorize recording by the Clerk Administrator for PPW Job Number 16-817-0707 Pageant Way Parking Lot Reconstruction Project. 13. Comprehensive Annual Financial Report for the Fiscal Year Ended June 30, 2017 a. Accept the Comprehensive Annual Financial Report for the Fiscal Year Ended June 30, 2017; and b. Approve a resolution confirming June 30,2017 Fund Balances in Accordance with Fiscal Year 2016/17 Final Audit and the Fund Reserve Policy. 14. Adopt a resolution for a $3,388,913 expenditure budget adjustment from available CalPERS/OPEB fund balance to deposit to the IRS Section 115 Pension Trust. RESOLUTION 2017-066 Consent Item #3 pulled by a member of the public. MOTION: Motion by Council Member Marcia Jensen to approve Consent Items 1 through 14, exclusive of Item 3. Seconded by Vice Mayor Steve Leonardis. VOTE: Motion passed unanimously. OTHER BUSINESS 3. Adopt Council Committee Appointments Effective January 1, 2018. Laurel Prevetti, Town Manager, presented the staff report. Opened Public Comment. - Angelia Doerner spoke about the schedule of the Policy Committee Meetings and the timing of the agenda posting. Closed Public Comment Council Discussed the matter PAGE 4 OF 8 SUBJECT: DRAFT MINUTES OF THE TOWN COUNCIL MEETING OF DECEMBER 19, 2017 DATE: DECEMBER 20, 2017 Item #3 Continued MOTION: Motion by Council Member Barbara Spector to adopt Council Committee Appointments Effective January 1, 2018. Seconded by Vice Mayor Steve Leonardis. VOTE: Motion passed unanimously. VERBAL COMMUNICATIONS - Susan Fish, West Valley Community College Trustee, invited the Council to the West Valley College Campus for a tour and encouraged partnering with the Town and Council to more effectively meet the needs of the Town residents. - Jack Lucas, West Valley Community College Trustee, commented on the redistricting of the College and invited the Council to visit the college. - Patrick Schmidt, Chancellor of West Valley Community College District , invited the Council and community to tour the campus. - Angelia Doerner commented on the temporary permit parking for Tait Avenue during the Almond Grove street reconstruction. OTHER BUSINESS 15. PPW Job Number 831-3104 - Bachman Park Rehabilitation Project a. Approve the scope elements for the project. b. Authorize the preparation of plans and specifications in alignment with the scop e. c. Authorize a revenue and expenditure budget adjustment of $214,537 to recognize a grant award from the Urban County Community Development Block Grant Fund to the Public Access Infrastructure Improvement Project (421-821-2102). d. Authorize a transfer in the amount of $214,537 of grant funds from the Public Access Infrastructure Improvement Project (421-821-2102) to the Bachman Park Rehabilitation Project (411-831-3104). e. Authorize the Town Manager to execute the CDBG agreement with the County of Santa Clara. Lisa Petersen, Town Engineer, presented the staff report. Opened Public Comment. - Lee Quintana commented on the use of the park. Closed Public Comment. Council discussed the matter. PAGE 5 OF 8 SUBJECT: DRAFT MINUTES OF THE TOWN COUNCIL MEETING OF DECEMBER 19, 2017 DATE: DECEMBER 20, 2017 Item #15 Continued MOTION: Motion by Council Member Jensen to approve PPW Job Number 831- 3104 - Bachman Park Rehabilitation Project including: a. Approve the scope elements for the project. b. Authorize the preparation of plans and specifications in alignment with the scope. c. Authorize a revenue and expenditure budget adjustment of $214,537 to recognize a grant award from the Urban County Community Development Block Grant Fund to the Public Access Infrastructure Improvement Project (421-821-2102). d. Authorize a transfer in the amount of $214,537 of grant funds from the Public Access Infrastructure Improvement Project (421-821- 2102) to the Bachman Park Rehabilitation Project (411-831-3104). e. Authorize the Town Manager to execute the CDBG agreement with the County of Santa Clara. Seconded by Council Member Sayoc. VOTE: Motion passed unanimously. 16. Authorize the Town Manager to seek proposals to produce and manage the park summer concert series held on the Los Gatos Civic Center Lawn each June through August. Robert Schultz, Town Attorney, presented the staff report. Opened Public Comment. - Angelia Doerner volunteered her time to coordinate with Disaster Aid Response Team (DART) and Community Emergency Response Team (CERT) groups to help with Music in the Park. Closed Public Comment. Council discussed the matter. MOTION: Motion by Council Member Jensen to authorize the Town Manager to seek proposals to produce and manage the park summer concert series held on the Los Gatos Civic Center Lawn each June through August. Seconded by Council Member Sayoc. VOTE: Motion passed unanimously. PAGE 6 OF 8 SUBJECT: DRAFT MINUTES OF THE TOWN COUNCIL MEETING OF DECEMBER 19, 2017 DATE: DECEMBER 20, 2017 PUBLIC HEARINGS 17. Hillside Development Standards and Guidelines modifications. Project Location: Properties located within the Hillside Overlay. Applicant: Town of Los Gatos. Adopt a resolution to amend Chapter II. (Constraints Analysis and Site Selection) of the Hillside Development Standards and Guidelines regarding Visibility Analysis. (CONTINUED FROM October 17, 2017 and December 5, 2017. RESOLUTION 2017-067 Jocelyn Shoopman, Associate Planner, presented the staff report. Opened Public Comment. - David Weisman commented in support of the policy and requested six additional words be added for clarification. - Lee Quintana commented on the viewing areas. - Bess Wiersema from Studio 3 commented in support of language that was added that suggests the nearest viewing area or platform. Closed Public Comment. Council discussed the matter. MOTION: Motion by Council Member Jensen to approve Hillside Development Standards and Guidelines modifications. Project Location: Properties located within the Hillside Overlay. Applicant: Town of Los Gatos. Adopt a resolution to amend Chapter II. (Constraints Analysis and Site Selection) of the Hillside Development Standards and Guidelines regarding Visibility Analysis. Seconded by Council Member Sayoc. VOTE: Motion passed unanimously. 18. 202 University Avenue - General Plan Amendment Application GP-17-002 and Zone Change Application Z-17-001. Property Owner: Barry and Lisa Cheskin. Applicant: Bess Wiersema. Requesting approval of a General Plan Amendment from Office Professional to Medium Density Residential and a zone change from O:LHP (Office with a Landmark and Historic Preservation Overlay) to R-1D:LHP (Single-Family Residential Downtown with a Landmark and Historic Preservation Overlay). APN: 529-04-001. RESOLUTION 2017-068 Council Member Sayoc recused herself. Council Member Spector recused herself. Sean Mullin, Associate Planner, presented the staff report. PAGE 7 OF 8 SUBJECT: DRAFT MINUTES OF THE TOWN COUNCIL MEETING OF DECEMBER 19, 2017 DATE: DECEMBER 20, 2017 Item #18 Continued Opened Public Comment. - Bess Wiersema, applicant, commented on the project. Closed Public Comment. Council discussed the matter. MOTION: Motion by Council Member Jensen to approve 202 University Avenue - General Plan Amendment Application GP-17-002 and Zone Change Application Z-17-001. Property Owner: Barry and Lisa Cheskin. Applicant: Bess Wiersema. Request for approval of a General Plan Amendment from Office Professional to Medium Density Residential and a zone change from O:LHP (Office with a Landmark and Historic Preservation Overlay) to R-1D:LHP (Single-Family Residential Downtown with a Landmark and Historic Preservation Overlay). APN: 529 -04-001 . Seconded by Mayor Rennie. VOTE: Motion passed 3-0, with Council Members Sayoc and Spector recused. 19. 26 Alpine Avenue - Architecture and Site Application S-16-052 and Mitigated Negative Declaration ND-17-001. Applicant: Tom Sloan. Property Owner/Appellant: Toby and Susan Corey. Consider an appeal of Planning Commission decision denying a request to construct a new single-family residence and remove a large protected tree on vacant property zoned R -1:20. APN 529-37-042. RESOLUTION 2017-069 Jocelyn Shoopman, Associate Planner, presented the staff report. Opened Public Comment. - Toby Corey (owner) and Tom Sloan (architect) commented on the project. - Krista Giselman commented in opposition to the project. - John Giselman commented in opposition to the project. - Toby Corey and Tom Sloan addressed comments. Closed Public Comment. Council discussed the matter. PAGE 8 OF 8 SUBJECT: DRAFT MINUTES OF THE TOWN COUNCIL MEETING OF DECEMBER 19, 2017 DATE: DECEMBER 20, 2017 Item #19 Continued MOTION: Motion by Council Member Sayoc to grant the appeal of 26 Alpine Avenue(Architecture and Site Application S-16-052 and Mitigated Negative Declaration ND-17-001) based on new information that came forward after the Planning Commission action, and approve a request to construct a new single-family residence and remove a large protected tree with three additional conditions of approval: a structural engineer shall be on site and communicate safety measures to the neighbors, an arborist shall examine the health of the tree, and a construction management plan shall incorporate construction vehicles on site and adequate flow. Seconded by Council Member Jensen. VOTE: Motion passed unanimously. ADJOURNED AT 10:08 P.M. TO THE TOWN PENSION AND OPEB TRUSTS OVERSIGHT COMMITTEE The meeting adjourned at 10:08 p.m. Attest: Submitted By: _____________________________________ ____________________________________ Shelley Neis, Clerk Administrator Shannon Lombardo, Deputy Clerk