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M09-20-10P a g e 1 MINUTES OF THE TOWN COUNCIL/PARKING AUTHORITY/REDEVELOPMENT AGENCY MEETING - SEPTEMBER 20, 2010 The Town Council of the Town of Los Gatos conducted a Regular Meeting on Monday, September 20, 2010 at 6:00 P.M. TOWN COUNCIL/PARKING AUTHORITY/REDEVELOPMENT AGENCY MEETING CALLED TO ORDER AT 6:00 P.M. ROLL CALL Present: Mayor Diane McNutt, Vice Mayor Joe Pirzynski, Councilmember Steve Rice, Councilmember Barbara Spector, and Councilmember Mike Wasserman. Absent: None. PLEDGE OF ALLEGIANCE • Mira Straathof, Hillbrook School led the Pledge of Allegiance. The audience was invited to participate. CLOSED SESSION REPORT • There was no Closed Session scheduled for this meeting. • Mr. Martello Stated that on August 17, 2010 Council met in Closed Session to discuss the Town Attorney recruitment, direction was given and no reportable action was taken. TOWN COUNCIL COUNCIL/TOWN MANAGER REPORTS Council Matters Vice Mayor Joe Pirzynski • Reported that he attended the Annual League of California Cities conference and stated that it was recommended that the cities adopt the “Let’s Move Program” which the President’s Office is promoting. • Commented that there was continued League support for Assembly Bill 32, which is the Environmental Protection Bill. P a g e 2 Council Matters – Continued Vice Mayor Joe Pirzynski - Continued • Commented that Los Gatos Youth Commission received the Ruth Vreeland award for engaging youth in city government for their Youth Friendly Business program. Mayor Diane McNutt • Commented that the new Art in the Chambers, called "Fresh Paint," was done by the Los Gatos Plein Air painters. The reception for the artists included poets who wrote poetry based on the artwork. Manager Matters Mr. Larson • Commented that the Town of Los Gatos, Los Gatos Recreation Department, and Automobuild will be hosting the 10th anniversary of Screen on the Green, Friday, September 24, 2010 with a showing of the movie “Cars.” • Commented that the Town of Los Gatos, the Visitors Bureau, and Chamber of Commerce will be hosting the annual Wine Walk on Saturday, September 25, 2010. The event is complemented this year with the first Los Gatos Concourse d’ Elegance event in which the community will have the opportunity to enjoy classic vehicles while visiting downtown. • Commented that on October 2, 2010 the Town of Los Gatos and the City of Monte Sereno will be hosting the annual Community Garage Sale. • Announced that next Monday the contractors will be pouring the concrete for the new Library. • Commented that the community can find updated information and view the new Library construction progress by visiting www.LosGatosCa.gov/new library. Did You Know?? Heidi Long, Librarian • Commented that September is Library Card sign-up month. • Commented that as part of the program, staff visits local schools to educate and encourage students to get library cards. • Commented that more information can be found at www.LosGatosCa.gov\library. P a g e 3 CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION) 1. Adopt a resolution to declare the condition of the real property at 100 Longmeadow Drive a public nuisance. RESOLUTION 2010- 089 2. Adopt ordinance amending the zoning ordinance effecting a zone change from R-1:8 to R-1:8:PD, at 15881 Linda Avenue and a portion of 15950 Stephanie Lane. APNS 523-25-052 (formerly 020) and 051 (formerly 036.) ORDINANCE 2193 3. Adopt resolution making determinations and approving the reorganization of territory designated Hilow Road No. 4, containing approximately .58 acres located at 16397 Hilow Road (APN: 532-04-062). File #AN10-001. RESOLUTION 2010- 090 REDEVELOPMENT AGENCY 4. Approval of the Replacement Housing Plan for 20 Dittos Lane. RESOLUTION 2010-093 TOWN COUNCIL/REDEVELOPMENT AGENCY 5. Approve Council/Agency minutes of September 7, 2010 Mr. Davis pulled Consent Item #4 Mayor Diane McNutt stated that the pulled Consent Item would be heard before Verbal Communications. Mayor Diane McNutt Directed Jackie Rose, Clerk Administrator to read the title of the ordinance amending the zoning ordinance effecting a zone change from R-1:8 to R-1:8- PD, at 15881 Linda Avenue and 15950 Stephanie Lane. MOTION: Motion by Councilmember Steve Rice to waive the reading of the title of the ordinance and to approve Consent Items #1-3 and #5. Seconded by Councilmember Mike Wasserman. VOTE: Motion passed unanimously for Consent Items #1, 3, and #5. Motion passed 4/1 for Consent Item #2. Councilmember Barbara Spector voted no. P a g e 4 PULLED CONSENT ITEMS 4. Approval of the Replacement Housing Plan for 20 Dittos Lane. Mr. Davis • Commented that he objects to the Town building the additional rental units on Town owned property located at 20 Dittos Lane. • Expressed concerns that the property is not zoned for that type of density. • Commented that he owns and maintains 137 feet of the street that leads to 20 Dittos Lane and that the Town has not made any request for easements to use it. • Commented that he will not allow usage of that portion of the street if the Town continues to pursue 32 units at that location. MOTION: Motion by Vice Mayor Joe Pirzynski to approve Consent Item #4. Seconded by Councilmember Mike Wasserman. VOTE: Motion passed unanimously. VERBAL COMMUNICATIONS Mr. Hogan • Announced that Teen Force will be hosting an event on October 7, 2010 to promote the 2011 summer internship program. • Commented that the internship program gives teens in the community the opportunity to work in various business fields. Closed Verbal Communications Mayor Diane McNutt requested a recess. Meeting Resumed at 6:30 P.M. P a g e 5 TOWN COUNCIL - PUBLIC HEARINGS 6. Consider a request for approval to increase the hours of operation and allow live entertainment in a new restaurant (Los Gatos Bar & Grill) on property zoned C-2:LHP. APN 510-44-077. Conditional Use Permit Application U-10-011. Property location: 15 ½ N. Santa Cruz Avenue. Property Owner: La Canada Investments, LLC Applicant: Dave Powell, LGBG, LLC. (continued from 9/7/10) RESOLUTION 2010-094 Staff report made by Jennifer Savage, Assistant Planner. Council Comments • Questioned the number of seats as stated currently in the Conditional Use Permit verses the number requested in column two of page two of the staff report. • Questioned if the Town considers a Disc Jockey (DJ) live entertainment. • Questioned if the Town distinguishes between amplified or non-amplified music. • Questioned if the Alcoholic Beverage Control (ABC) has issues relating to the project. • Questioned staff’s recommended amount of seating for the establishment. • Questioned if there is any area where food does not have to be served with alcohol service. • Questioned if the upstairs outdoor patio is part of the application. • Questioned if there is any portion of the ground level that is included as part of the application. • Requested clarification from staff if the application is considered as a new application. • Questioned if staff considers Los Gatos Bar and Grill strictly an entertainment establishment. • Questioned if staff’s work on the Alcohol Beverage Policy will be limited to this entertainment component or will other aspects of the policy be addressed. • Questioned the definition of “peak occupancy load” and how it is determined. • Requested clarification about the signage requirement under #5 of the Conditional Use Permit. • Questioned why the lease agreement is required under Conditional Use Permit #14. • Requested clarification regarding dancing and live entertainment. • Questioned the applicant’s proposal for video surveillance equipment. P a g e 6 Public Hearing Item #6 – Continued Ms. Savage • Clarified that staff’s recommend seating was listed on Attachment 14 of the staff report and 166 seats includes indoor and outdoor seating. • Commented that the Town has historically considered that any music beyond recorded music would fall under the live entertainment category. • Clarified that any applications that were granted for amplified music are limited to indoors. • Clarified that a portion of the bar area (20 seats) within the establishment does not require food service with alcohol service. • Clarified that the upstairs, outdoor patio is included as part of the application. • Commented that the ground level area by Pizza My Heart is not included as part of the application, however there has been some discussion about areas where patrons could form a line to enter the establishment. • Clarified that staff is considering the application as a modification and not necessarily a new restaurant with a bar. • Clarified that based on staff’s recommended Conditions of Approval and the Town’s Alcohol Beverage Policy it would not be considered an entertainment venue. • Clarified that staff will be addressing an Entertainment Standards Policy that needs to be adopted as well as modifications to the Alcohol Beverage Policy. • Commented that “peak occupancy” refers to the maximum occupancy load which is determined by the Fire and Building Codes. • Commented that Santa Clara County Fire would determine what the maximum occupancy would be and the operators are responsible for posting the information within the establishment. • Clarified that the applicant has a very detailed security plan which includes a program to manage the occupancy load. • Clarified that Condition #5 and #14 were carry-over conditions from the previous tenant and could be removed with Council direction. • Clarified that there is no definition within the Alcohol Beverage Policy for what is considered live entertainment. • Clarified that the Police Department is not requiring video surveillance of the full parking lot nor has the applicant offered it at this time. Mr. Larson • Clarified that the Police Department does periodically scan all of the establishments to check on occupancy. David Gravel, Captain Los Gatos-Monte Sereno Police Department • Clarified that video surveillance equipment is always recommended and helpful to the Police Department. P a g e 7 Public Hearing Item #6 - Continued Mr. Martello • Recommended that prior to initiating any operational changes the applicant should enter into an operations agreement with the Town. • Commented that the agreement would be a benefit to both the Town and the applicant. • Commented that as part of the Conditions of Approval, Council could stipulate ways to resolve disputes and react to problems. Open Public Hearing Mr. Powell, Applicant • Commented about the goals for Los Gatos Bar and Grill. • Commented on his partnership between the neighborhoods and his other establishments. • Commented about his staffing policy and his security policy. Mr. Guerra, Applicant • Clarified that they are proposing to cap the seating at 166 seats. • Commented about community benefits which would include the additional parking lot surveillance. • Commented that their proposed alcohol service would end at 1:30 p. m. and the patio hours would end at 11:00 p. m. • Commented that they are in complete agreement with the noise attenuation and are recommending specific language for such things as noise, entertainment, and parking lot security. • Commented that they will always have at least 50% the space dedicated to food service with alcohol service. • Requested removal of the physical separation barrier located on the patio area. • Suggested removing the grandfathering as it relates to the entertainment permit and that it should be proprietor based not land based. • Commented that they agree to the language granting the ability to have live music and that the Chief of Police would have the authority to close the establishment at any time if there were problems. P a g e 8 Public Hearing Item #6 – Continued Council Comments • Requested clarification about a traffic study and number of seats. • Requested clarification about food service on the patio. • Questioned what the applicant sees as types of customers patronizing their establishment. • Questioned what has been the experience from the neighbors residing close to their other establishments. • Questioned if the applicants are willing to accept the non-grandfathering of the old Conditional Use Permit upon approval of the new Conditional Use Permit. • Questioned what safe guard the Town has relating to the Limited Liability Company (LLC) applying for the application verses a single party. • Questioned how the Town would know if there were a change in ownership. Mr. Guerra • Clarified that they are happy with the 166 seats and do not wish to do the traffic study. • Clarified that the existing Conditional Use Permit does not limit the outside patio area to alcohol and food service. • Clarified that language could be added to identify the three managing owners as the responsible parties. • Clarified that there could be language in the Conditional Use Permit indicating that if there is more than a 50% ownership change then the LLC is required to notify the Town with the changes. Mr. Powell • Commented that the survey information stated that about 80%of the patrons would be Los Gatos residents. • Clarified that they have not had any complaints from the neighbors at their other locations and as a practice, they takes a pro-active approach with the neighborhoods. • Suggested additional wording to identify the managing owners, as that would take care of any questions relating to the Limited Liability Company (LLC) as the listed applicant. P a g e 9 Public Hearing Item #6 – Continued Mr. Martello • Clarified that the reasons he has suggested an operator agreement are because there could be a sale of stock, or a change of ownership. • Commented that grandfathering does not really apply as it is one of the most misunderstood concepts in land use and typically applies only in zoning. • Commented that the Alcohol Policy or an entertainment policy would be done under the general policing powers which have nothing to do with zoning or grandfathering. • Recommended that Council decide what they want the Conditional Use Permit to look like now and when the live entertainment policy is adopted they can apply under the new policy. Mr. Seastrom • Commented on supporting the proposed application. Mr. Farwell • Commented on supporting the proposed application. Mr. Larson • Commented on supporting the proposed application. Mr. Guerra, Applicant • Commented that they have done outreach to all of the businesses and neighbors. • Commented that the language within the Conditional Use Permit relating to signage and hours of operation is directed specifically toward the patio hours. • Commented that they are looking forward to working with the Town on an operator agreement. • Requested that Council support the modifications for the Conditional Use Permit. Council Comments • Questioned if the fire department has approved the patron line locations. • Questioned if the applicant is agreeable to staff’s recommendations relating to the outdoor patio hours. • Questioned if the applicant is agreeable to the cap of 166 seats. • Questioned if there would be a plan set-up ahead of time for security personal during the peak hours. • Questioned the applicant’s target audience verses Mt. Charlie’s audience and how his establishment will interface with Mt. Charlie’s. • Questioned the south side access through the patio and if that would be considered an egress/ingress for other office’s upstairs. P a g e 10 Public Hearing Item #6 – Continued Mr. Guerra • Commented that they have provided Santa Clara County Fire Department with two detailed configurations for the line locations as well as an alternative for other ways to queue up patrons. • Clarified that they agree to the outdoor patio hours and the cap of 166 seats. • Commented that they would have a plan and set-up for the security personnel that would accommodate the peak hours of operation. • Clarified that the egress/ingress from the patio area is primarily used by the other offices located upstairs. • Expressed concerns that a DJ is considered live music and they feel that once a month is adequate until the entertainment policy is complete. • Commented that Mt. Charlie’s does have a different target audience than Los Gatos Bar and Grill. • Commented that they are planning to serve food until 2:00 a.m. and consider the establishment a place where one can come enjoy a meal and entertainment. • Commented that the demographics in terms of age groups will be different then Mt. Charlie’s. Mr. Martello • Clarified that the general rule of thumb is that Conditional Use Permits run with the land and this application would not be any different. • Commented that regarding this application, the applicants are coming forward with a different business model and suggesting that the Town tailor conditions to the business with the guarantee that they would accept the consequences if they do not perform. • Commented that the Conditional Use Permit does not change, but Council is tailoring operational conditions. • Clarified that the operator’s agreement is a way to turn the business plan into an agreement. Mr. Larson • Clarified that the Town has an existing Conditional Use Permit and an existing Alcohol Beverage Policy that limit the property to 120 seats and to certain hours of operation. The applicant has requested exceptions beyond the Conditional Use Permit and Alcohol Beverage Policy and has made numerous representations about how the operation would operate to the satisfaction of the Police Department and Community Development Department. Staff thinks that to memorialize those operating procedures in a condition that is fulfilled in an operating agreement is the best way to ensure that the expansion of the Conditional Use Permit is operating to the fulfillment of the intent. P a g e 11 Public Hearing Item #6 – Continued Closed Public Hearing Council Discussions • Consensus to allow applicants request for 9:00 a.m. - 2:00 a.m. seven days a week as the hours of operation for the proposed application. • Consensus to allow staff recommendations for the hours of operation for the patio area and that food service must accompany alcohol service for the patio area. • Expressed concerns about having a barrier to separate the patio. • Consensus to leave out any barrier as a separation for the egress/ingress in the patio area. • Consensus to allow 50% of the seats for food and alcohol service and no more than 166 seats in total for the establishment. • Expressed concerns about a DJ being considered as live entertainment. • Consensus to allow DJ music and dancing seven days a week without a trial period and to allow live bands until 1:30 a.m. once a month or until entertainment policy is complete. Staff has the authority to conduct the review and allow changes to the condition and the Police Chief has the ability to shut the operation down if problems arise. The property shall be subject to the Town’s entertainment policy once completed. • Consensus to allow that the establishment shall maintain a minimum of 12 security personnel during peak occupancy loads and the minimum number of security personnel required may be changed by the Chief of Police. • Consensus to allow the community benefit for additional surveillance on parking lot 6 to the satisfaction of the Chief of Police. • Consensus to combine Conditions #2, 19, and 54 relating to outdoor and security lighting into one condition. • Consensus to combine Conditions #21, 24, and 54 relating to noise into one condition. • Consensus to revise Condition #6 to specify the flexible dining configuration and to include alcohol beverage service to end at 1:30 a.m. • Consensus to eliminate Condition #14 which refers to the contract between the property owner and the business. • Expressed concerns about changing Conditions of Approval for the applicants and feels that the Alcohol Beverage Policy should be revised before approving the application. • Commented that Council is trying to come up with a set of rules within the operating agreement. P a g e 12 Public Hearing Item #6 – Continued Mr. Martello • Clarified the difference between a DJ and live entertainment. • Recommended that wording to add an operational agreement to the Conditional Use Permit could read as follows: Prior to the issuance of any building permits or the initiation of any operational changes permitted under this approval, the applicant shall enter into an operations agreement with the Town guaranteeing the performance of the business per the representation of the application and observance of the Conditions of Approval and said agreement shall be subject to approval of the Chief of Police, Director of Community Development, and the Town Attorney. Council Discussions • Expressed concerns that the Conditional Use Permit stays with the land. • Questioned if the operational agreement would run with the land. Mr. Martello • Clarified that the operational agreement makes the Conditions of Approval narrower. MOTION: Motion by Councilmember Steve Rice to approve the application subject to the modified and additional conditions as discussed this evening. Seconded by Vice Mayor Joe Pirzynski. Council Discussions • Expressed concerns about supporting the motion to the extent that it encompasses conditions that are not consistent with the Town's current Alcohol Beverage Policy. VOTE: Motion passed 4/1. Councilmember Barbara Spector voted no. Mayor Diane McNutt called for a recess at 9:00 P.M. Meeting resumed at 9:09 P.M. P a g e 13 Public Hearing Item #7 7. Consider adoption of Draft Los Gatos 2020 General Plan and the Environmental Impact Report on the Draft Los Gatos 2020 General Plan Update (continued from 8/2, 8/16 and 8/18/10) RESOLUTION 2010-091 Staff report made by Wendie Rooney, Director of Community Development and Joel Paulson, Senior Planner. Council Comments INT-12 • Questioned why facilities are referenced under Bullet three. Mr. Larson • Clarified that staff has recommended deletion of that line. LU-1 • Commented that the opening paragraph in the introduction seems negative and sets the wrong tone. Ms. Rooney • Clarified that the opening paragraph has been revised to have a more positive overview. Council Comments LU-30 Policy LU-9.5 • Questioned why there is the green leaf symbol for this policy. Ms. Rooney • Clarified the meaning of the symbol. Councilmember Barbara Spector • Stated for the record that she does not agree to the Planned Development portions of the General Plan. Council Comments CD-7, Action 4.1 • Commented that these are already in place and questioned why the action is needed. Ms. Rooney • Suggested that the word "enact" be replaced with "review and enforce." P a g e 14 Public Hearing Item #7 – Continued Council Comments CD-10 F. Downtown • Commented that the definition is not accurate Ms. Rooney • Suggested striking everything above "bridge" and replace with everything on GL- 8, but keeping the opening sentence. Council Comments • Consensus to strike the wording as recommended by Ms. Rooney. CD-12, Policy CD-11.2 Council Comments • Questioned if this policy is needed. Ms. Rooney • Commented that it is appropriate to reference commercial guidelines. CD-13, Policy CD-11.1 Council Comments • Questioned if there should be a portion of this action to be changed to a policy. Mr. Larson • Suggested that the wording be changed in include "Install treatments" and all wording after as the action and re-define the first paragraph as the policy. Council Comments • Consensus to refine the section to incorporate Mr. Larson's suggestions. CD-14, Action CD-11.2 and 11.3 Mr. Larson • Commented that the wording in these actions should be changed to read: "to maintain design control" since Council has already adopted them. CD-14 • Commented that it should define historic as part of the glossary. P a g e 15 Public Hearing Item #7 – Continued Ms. Rooney • Suggested adding the following wording to define historic: "The Town recognizes a historic resource as follows: Any structure/site that is located within an historic district; or any structure/site that is historically designated; or any primary structure constructed before 1941, unless the Town has determined that the structure has no historic significance or architectural merit" to page CD-16 right before the very last sentence. • Commented that the suggested wording is consistent with the design guidelines and zoning code. Council Comments • Consensus to add the suggested wording as Ms. Rooney has defined. CD-28, Action 17.1 Council Comments • Questioned the definition of this action. Ms. Rooney • Clarified that this action encompasses all of the different design guidelines that are in place and is appropriate to leave in the General Plan. Council Comments • Consensus to leave as is in the General Plan. CD-25, Policy CD-16.3 Council Comments • Commented that staff has made a revision to the language under this policy. Ms. Rooney • Clarified that the policy is revised to state that new structures or remodels shall be designed to respect views from surrounding properties while allowing all effective properties reasonable access to views. TRA-16 Section a., Bullet 11 National Avenue and Samaritan Drive • Requested clarification about the suggested wording for this bullet. • Questioned if something so specific needs to be included in the General Plan. • Expressed concerns about the safety of left turns. • Commented that during the General Plan discussions at the August 2, 2010 meeting Council favored a right turn only for that intersection. P a g e 16 Public Hearing Item #7 – Continued Mr. Capurso • Clarified that this is a particularly difficult two lane intersection. • Commented that the solution is to allow vehicles to make an unobstructed right hand turn. • Commented that one solution would be to add a third lane to National Avenue. • Commented that discussions for this intersection are part of a pending development on the corner of Samaritan Drive, National Avenue, and Los Gatos Boulevard. Mr. Larson • Commented that Section b. Roadway Improvements, notes the planned intersection improvement projects. • Suggested additional wording under Section b. to direct safety and traffic improvements at the National Avenue intersection. Council Comments • Consensus to refine the wording as suggested by Mr. Larson. TRA-41 Goal 13 Council Comments • Suggested striking the last part of the phrase and have the sentence end after neighborhoods. • Consensus to refine the goal as suggested. TRA 31 Policy 7.2 Council Comments • Suggested striking the last sentence of the policy to clarify dual and emergency access. • Consensus to refine the policy. TRA-42 Policy 14.2 and 14.3 Council Comments • Commented that an additional policy should be added to explore adequate parking downtown. Council Comments • Consensus to add an additional policy to explore new ways to make better use of the Town’s existing parking polices and maximizing parking for the downtown area. Mr. Larson • Suggested to un-strike the portion of Policy 14.3. P a g e 17 Public Hearing Item #7 - Continued Council Comments Consensus to un-strike the portion relating to Farwell Avenue parking lot in Policy 14.3. TRA-43, Action 14.2 Council Comments • Commented that there may be additional parking lots in the future and suggested a word change. • Consensus to reword Action 14.2 to simplify the action. VLR-6 Policy 3.4 and 3.5 Council Comments • Commented that "commercial" should be included with the "residential." • Consensus to include "commercial." VLR-8 Goal 5, Policies 5.1, 5.3, 5.4 Council Comments • Suggested to change the name Vasona Junction to Vasona Light Rail. • Consensus to change wording. VLR-11 Action 8.1 Council Comments • Direction to strike out Oka Road under 8.1 ENV-46 Action 17.2 Council Comments • Commented that a typo is listed and a period should be added. SAF-23 Section G. Fire Protection Service Council Comments • Suggested to refine the language under Section G. Ms. Rooney • Suggested refining the language under Section G. to show when the Town had starting working with Santa Clara County Fire. Council Comments • Consensus to refine the wording under Section G. SAF-13 and SAF 17 Council Comments • Suggested adding a new action item to educate public on evacuation and fire. • Consensus to add the action to both areas. P a g e 18 Public Hearing Item #7 – Continued SAF-28 Policy 8.1 Council Comments • Suggested adding words to refer to a secondary emergency access. • Consensus to include the additional wording. SAF-29 H. Police Service Council Comments • Commented that the wording under Section H. should be reorganized. • Suggested an update to the wording under Section a. Facilities. • Suggested that staff refine the wording "does not have quantified service standards" under Section b. Service Standards. • Suggested removing the first sentence of the section. • Consensus to reorganize Section H., to update Section a. Facilities, and to remove the first sentence in Section b. Service Standards. Human Services Element Council Comments • Commented that the use of Healthy Community is too narrow. • Commented that Youth Services is too narrowly focused. • Commented that senior services are too narrowly focused. • Commented that the arts service has factual errors and not enough emphasis on cooperation among all the arts groups. • Recommended to pull this element from the General Plan, make revisions, and bring back at a future meeting for discussion and approval. Ms. Rooney • Clarified that the Human Services Element is a non-mandated element of the General Plan and that a sub-committee can be formed to modify the section and be brought back to Council in Mid-January or early February, 2011. Council Comments • Consensus to pull the Human Services Element for further review and updates. P a g e 19 Public Hearing Item #7 – Continued OPEN PUBLIC HEARING Ms. Jensen • Expressed concerns about sustainability issues and suggested Council include stronger language about electric charging stations in ENV-40 14.1 and 4.5 and broaden the language to incentivize businesses. Council Comments • Commented on the current language and asked for clarification of what language that Mr. Jensen is suggesting to be added to those sections. Mr. Jensen • Commented that there is an opportunity to go after grant money for solar panels and electrical charging stations in Town. • Commented that there are many advantages to pursuing solar panels in parking structures. Council Comments • Questioned if Mr. Jensen's comments are directly related to the General Plan. Mr. Larson • Commented that the issues could be explored through the Climate Action Plan that Council would be directing as part of the General Plan approval. • Commented that the language suggested by Mr. Jensen could be added to the ENV Section of the General Plan. Mr. Calise • Commented that the language in ENV-14.1 should be broadened to include "existing as well as new projects." Council Comments • Questioned what needs to be done by December 31, 2010 and why. Mr. Calise • Clarified that the products would need to be purchased by December 31, 2010 in order to explore grant money and incentives. P a g e 20 Public hearing Item #7 – Continued Mr. Mekachuck • Commented that the language in the ENV Section should be strengthened to include charging stations. Mr. Leonardis • Commented that by promoting electric charging stations in Town it would benefit the economic activity. • Commented that surrounding cities have charging stations and he expressed concerns that they may take away business from Los Gatos. CLOSED PUBLIC HEARING Council Discussions ENV-14.1 • Suggested that the words "existing commercial and residential" be added to the Action plan. • Consensus to reword ENV-14. • Commented that the wording is more consistent that existing language. MOTION: Motion by Councilmember Mike Wasserman to approve the General plan with direction provided this evening excluding the Human Services Element and certify the Environmental Impact Report on the 2020 General Plan. Seconded by Councilmember Steve Rice. Councilmember Barbara Spector • Announced for the record that she be excluded from an affirmative vote on LU- 14, paragraph two and LU-19 relating to Planned Development, because she does not agree with these provisions. VOTE: Motion passed unanimously. Council Discussions • Questioned if staff has any input or suggestion to explore the options relating to the deadline of December 31, 2010 to obtain solar grants. Mr. Larson • Clarified that staff is aware of the December 31, 2010 deadline and are working with several agencies to explore options prior to the December 31, 2010 deadline. • Commented that staff will circle back if Council action is required. P a g e 21 OTHER BUSINESS There was no Other Business scheduled for this meeting. ADJOURNMENT Attest: /s/ Jackie D. Rose ______________________________ Jackie D. Rose, Clerk Administrator