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Staff ReportDRAFT Town Council Meeting 11/17/15 Item # 1 MINUTES OF THE TOWN COUNCIL/PARKING AUTHORITY MEETING NOVEMBER 3, 2015 The Town Council of the Town of Los Gatos conducted a Special Meeting on Tuesday, November 3, 2015, to hold a Study Session at 5:30 p.m. and a Regular Meeting at 7:00 p.m. STUDY SESSION — 5:30 P.M. ROLL CALL Present: Mayor Marcia Jensen, Vice Mayor Barbara Spector, Council Member Steve Leonardis, Council Member Rob Rennie, Council Member Marico Sayoc. Absent: None VERBAL COMMUNICATIONS There were no verbal communications. STUDY SESSION Alcohol/ Entertainment/ Outdoor Seating Opened Public Comment at 5:32 p.m. Shawn Lucca - Commented on the outdoor seating process. Maria Ristow - Commented on parklets, the potential of impacting bikers, and the safety of the diners utilizing the outdoor seating. Closed Public Comment at 5:35 p.m. Council discussed the matter. MOTION: Motion by Council Member Marico Sayoc to direct staff to prepare a draft ordinance specific to alcoholic beverage service and entertainment that lists clear parameters for alcohol when a conditional use permit (CUP) would be awarded and for entertainment when an operating permit would be awarded. Seconded by Council Member Rob Rennie. VOTE: Motion failed 2/3. Mayor Marcia Jensen, Vice Mayor Barbara Spector, and Council Member Steve Leonardis voting no. Study Session — continued Direction to staff with the overall goal of making the process easier for businesses: • Identify clear parameters where a business would not need a CUP. If a restaurant or establishment wanted to go beyond those set parameters, then perhaps a permit would be required. • Prepare a draft ordinance that would go to Planning Commission for consideration and a public hearing, that would essentially use the framework of the existing policy, simplify it to be very clear about the operational parameters and when a permit would be needed. • Outdoor seating is a priority to implement as soon as possible, preferably with a policy over an ordinance. • Provide a map of the downtown area to indicate where outdoor seating is possible. • Provide a thumb nail of the Parking Assessment District to understand any impact on future decisions for existing businesses • Identify how many more seats that might be added to existing businesses if the parking requirement was relaxed • Explore what other communities have done with respect to land use and parking and bring back options for Council. STUDY SESSION ADJOURNED Study session adjourned at 6:40 p.m. BUSINESS MEETING CALLED TO ORDER AT 7:00 P.M. ROLL CALL Present: Mayor Marcia Jensen, Vice Mayor Barbara Spector, Council Member Steve Leonardis, Council Member Rob Rennie, Council Member Marico Sayoc. Absent: None PLEDGE OF ALLEGIANCE Jason Monaghan led the Pledge of Allegiance. The audience was invited to participate. PRESENTATIONS Mayor Jensen presented commendations to the 2015 Synopsis Science and Technology Championship winners Abigail Hooper, Krish Kapadia, Elina Yon, and to the parents of Olivia Woodford -Berry who is currently away at college. Karen Briones and Thomas Cook, Safe Routes to School representatives, presented commendations to Santa Clara County Board of Supervisor Mike Wasserman and Town of Los Gatos Mayor Marcia Jensen for their support. Town Council/Parking Authority November 3, 2015 Presentations — continued Pete Siemens, Mid -Peninsula Open Space Director, gave a brief informational presentation about the Mid -Peninsula Regional Open Space District and an update on the Measure AA projects. COUNCIL/TOWN MANAGER REPORTS Council Matters - Council Member Marico Sayoc stated she attended the Planned Development Study Committee meeting, the General Plan Committee (GPC) meeting, and the Santa Clara Valley Water District Commission meeting. - Council Member Steve Leonardis stated he had no meetings to report but commented on the unsightly appearance of the Highway 17 corridor and ramps, and requested this discussion be put on a future agenda for discussion. - Mayor Marcia Jensen stated she attended the Planned Development Study Committee and the GPC. - Vice Mayor Barbara Spector stated she attended the Town Open House along with other Council Members, and represented the Town at Saratoga's Quarry Park opening. - Council Member Rob Rennie stated he attended the Town Open House, the Saratoga Quarry Park opening, the Emergency Operating Area Council meeting, the Santa Clara County Housing and Community Development Advisory Committee meeting, and the League of Cities dinner. Manager Matters - The Town is accepting applications for the Ad Hoc Citizen Committee and the deadline to apply is November 6. - Board and commission recruitment is ongoing and applications are due December 4 by 5 p.m. - The new Art in the Council Chamber exhibit has been installed and the reception will be held November 12 at 6 p.m. in the Council Chambers Lobby, and the public is encouraged to attend. CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION) 1. Approve Council Minutes of October 20, 2015. 2. Authorize the Town Manager to execute an agreement with Taser International for the purchase and maintenance of 40 Tasers for the Police Department in the amount of $44,173.73 in FY 2015/16 and a total contract amount not to exceed $77,657 within five years. 3. Adopt a resolution authorizing the continued use of Supplemental Local Law Enforcement Services Funds (SLESF) to provide funding for two full-time Police Officers assigned as motorcycle traffic officers. 3 Town Council/Parking Authority November 3, 2015 Consent Items — continued 4. Adopt an Ordinance of the Town Council of the Town of Los Gatos adding Division 3B to Section 29.20 to the Los Gatos Town Code to provide an expedited streamlined permitting process for small residential rooftop solar systems as required by Assembly Bill 2188 (Chapter 521, Statutes 2014). 5. Annexation Application AN -15-001. Property Location: 15951 Linda Avenue. Property Owner/Applicant: Amir Moeini Adopt a Resolution to set a date for consideration of a reorganization of an uninhabited area designated as Linda Avenue No. 4, approximately 0.23 acre parcel pre -zoned R-1:8. APN 523-25-02. 6. Authorize the Town Manager to purchase software costs and professional services with Cartegraph Systems, Inc. for the period of December 30, 2015 through December 29, 2017 in an amount not to exceed $76,800 over the contract term. 7. PPW Job No. 14-813-9921 & 14-821-2102 Annual Curb, Gutter and Sidewalk Maintenance and Public Access Infrastructure Improvement Project Authorize the Town Manager to execute a certificate of acceptance and notice of completion accepting the work of CB Concrete Construction, Inc. and authorize recording by the Clerk Administrator. 8. Authorize the Town Manager to execute a cooperative agreement between the Town of Los Gatos and the County of Santa Clara to allow issuance of Mortgage Credit Certificates (MCC) within the boundaries of the Town of Los Gatos and authorize the County of Santa Clara to administer the MCC program on behalf of the Town. 9. Adopt a Resolution of the Town Council of the Town of Los Gatos to release budget funds for FY 2015/16 Capital Improvement Project 831-3407: Blossom Hill Park — Little League Backstop. 10.Adopt a Resolution establishing a $12.2M Almond Grove Street Rehabilitation Reserve. MOTION: Motion by Council Member Steve Leonardis to approve Consent Items 1 through 10. Seconded by Vice Mayor Barbara Spector. VOTE: Motion passed unanimously for items 1, 2 and 4 through 9, Mayor Marcia Jensen voting no on Items 3 and 10. VERBAL COMMUNICATIONS Tom Boyce - Commented on the Almond Grove Repaving project. Jay McGowan - Commented on the construction work that was done on Winchester and Lark Friday night. 4 Town Council/Parking Authority November 3, 2015 Verbal Communications — continued John Shepardson - Commented on the internal report of the cost comparison for the Los Gatos -Monte Sereno Police Department and the Sheriffs Department. OTHER BUSINESS 11. Code Compliance Services a. Receive the Code Compliance status report b. Authorize a budget adjustment of $21,346 to continue the part-time Community Service Officer position through June 2016 c. Approve a new Council Policy regarding Code Compliance Standards Allen Meyer, Code Compliance Officer, presented the staff report. Opened and closed Public Comment at 7:53 p.m. Council discussed the matter. MOTION: Motion by Vice Mayor Barbara Spector to receive the Code Compliance Status report; authorize a budget adjustment of $21,346 to continue the Part -Time Community Service Officer position through June 2016; and approve a new Council Policy regarding Code Compliance Standards. Seconded by Council Member Steve Leonardis. VOTE: Motion passed unanimously. 12. Receive the informational report from the Community and Senior Services Commission regarding the results of the Senior Needs Assessment Survey Tom Picraux, Community and Senior Services Commission Chair, and Lily Sarafan, Community and Senior Services Commissioner, presented the staff report. Opened and closed Public Comment at 8:23 p.m. Council discussed the matter. MOTION: Motion by Council Member Steve Leonardis to receive the informational report from the Community and Senior Services Commission regarding the results of the senior services needs assessment survey. Seconded by Council Member Marico Sayoc. VOTE: Motion passed unanimously. Town Council/Parking Authority November 3, 2015 PUBLIC HEARINGS 13. Town Code Amendment A-15-003 Consider amending Section 29.10.145 of Chapter 29 (Zoning Regulations) of the Los Gatos Town Code to allow businesses to charge for valet parking services within private parking lots. Applicant: Town of Los Gatos. Monica Renn, Economic Vitality Manager, presented the staff report. Opened Public Comment at 8:37 p.m. Alex Hult - Inquired why there has to be stipulations on valet parking in a private lot. Jeff Loughridge - Commented on the required number of parking spaces for a business and paid parking. Zack Marks - Commented in support of the proposed amendment. Lee Quintana - Commented on the number of parking spaces required for a business and the concept of paid parking. Closed Public Comment at 9:01 p.m. Council discussed the matter. MOTION: Motion by Council Member Steve Leonardis to refer the proposed ordinance amendment to the Town's Transportation and Parking Commission for review and recommendation to the Planning Commission. Motion failed for lack of a second. MOTION: Motion by Mayor Marcia Jensen to adopt the proposed ordinance with the modification to add the condition to allow an agreement for shared parking as long as that is not being used to take care of a deficiency in the parking that is required in the CUP and allow therE to be a permitting review that goes through DRC. AMENDMENT: to include only the change that is necessary and put paragraphs D through N on the redline draft into a policy. Seconded by Council Member Rob Rennie. VOTE: Motion passed 4/1. Council Member Steve Leonardis voting no. 6 Town Council/Parking Authority November 3, 2015 Public Hearing Item #13 — continued The Clerk Administrator read the title of the ordinance. 14. Town Code Amendment A-13-002, Home Occupations Amendments. Applicant: Town of Los Gatos Introduce Ordinance adopting amendments to section 29.10.09025 of Chapter 29 (Zoning Regulations — Home Occupations) of the Town Code to include Cottage Food Industry businesses and additional prohibited home occupation uses. MOTION: Motion by Council Member Steve Leonardis to continue the item to December 1, 2015. Seconded by Council Member Marico Sayoc. VOTE: Motion passed unanimously. 15. Zone Change Application Z-15-001. Project Location: 485 Monterey Avenue. Property Owner: Black Real Estate Investments, LLC. Applicant: Michael Black. Consider a request to rezone a property from O to R-1 D. APN 410-16-026. Michael Black, applicant and Bess Wiersema, architect, commented on the project. Opened and closed Public Comment at 9:30 p.m. Council discussed the matter. MOTION: Motion by Vice Mayor Barbara Spector to introduce the ordinance and make the required findings that the zone change is consistent with the General Plan and its Elements and that the zone change is statutorily exempt from the California Environmental Quality Act (Section 2108313); move to waive the reading of the ordinance; and direct the Clerk Administrator to read the title of the proposed ordinance. Seconded by Council Member Rob Rennie. VOTE: Motion passed unanimously. The Clerk Administrator read the title of the ordinance. Recess at 9:32 p.m. Reconvened at 9:45 p.m. Town Council/Parking Authority November 3, 2015 16.Conditional Use Permit Application U-12-002. Project Location: 300 Marchmont Drive. Property Owner: Hillbrook School. Applicant: Mark Silver Six month review of a Conditional Use Permit modification to increase school enrollment and modify operations of an existing private school (Hillbrook School) on property zoned HR -1. APNS 532-10-001 and 532-11-011. Jocelyn Puga, Assistant Planner, presented the staff report. Opened Public Comment at 9:51 p.m. Kim Vrijen - Commented on traffic levels. Chuck Hammers - Commented on the methods and reliability of counting vehicle trips. Barbara Dodson - Commented on the differences in the vehicle counts. Mark Jamieson - Commented on the accuracy of the numbers. Reuel Warkov - Commented on the accuracy of the numbers. Patti Elliott - Commented on the accuracy and reliability of the numbers. John Shepardson - Commented on Hillbrook having the burden of proof to provide accurate information regarding vehicle trips. Closed Public Comment at 10:15 p.m. Council discussed the matter. MOTION: Motion by Mayor Marcia Jensen to approve an enrollment increase of 33 students for the 2016-2017 school year. Seconded by Vice Mayor Barbara Spector. VOTE: Motion passed 4/1 Council Member Steve Leonardis voting no. s Town Council/Parking Authority November 3, 2015 17.Architecture and Site Application S-14-027. Project Location: 15925 Quail Hill Road. Property Owner/Applicant: Kevin Hwang and Sabrina Dong. Appellant: Brad Krouskup. Consider an appeal of a Planning Commission decision denying an appeal of a Development Review Committee decision to approve an Architecture and Site Application to demolish an existing single-family residence and to construct a new single-family residence on property zoned HR -1. APN 527-02-007 Marni Moseley, Associate Planner, presented the staff report. Brad Krouskup, appellant, commented on the project. Mike Vierhus, architect for the applicant, commented on the project. Sabrina Dong, applicant, commented on the project. Opened and closed Public Comment at 11:10 p.m. Brad Krouskup, appellant, responded to comments on the project. Council discussed the matter. MOTION: Motion by Council Member Steve Leonardis to resolve the easement dispute first and remand to the Planning Commission for approval based on the new information that was provided to Council. Motion failed for lack of a second. MOTION: Motion by Council Member Rob Rennie to adopt a resolution denying the appeal and approving Architect and Site Application S- 14-027 to demolish an existing single-family residence and to construct a new single-family residence on property zoned HR -1 (Attachment 7) and modify condition #46 to include that the easement dispute must be resolved prior to the issuance of building or grading permits. Seconded by Vice Mayor Barbara Spector. VOTE: Motion passed 4/1. Council Member Steve Leonardis voting no. ADJOURNMENT The meeting adjourned at 11:33 p.m. Attest: Shelley Neis, Clerk Administrator 9 Town Council/Parking Authority November 3, 2015