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2011080102 - Minutes 7-25-11DRAFT Council/Agency Meeting 8/1/11 Item # MINUTES OF THE TOWN COUNCIL/REDEVELOPMENT AGENCY JULY 25, 2011 The Town Council of the Town of Los Gatos conducted a Special Meeting on Monday, July 25, 2011 at 7:00 P.M. TOWN COUNCIL/PARKING AUTHORITY/REDEVELOPMENT AGENCY CLOSED SESSION BEGAN AT 6:00 P.M. MEETING CALLED TO ORDER AT 7:00 P.M. ROLL CALL Present: Mayor Joe Pirzynski, Vice Mayor Steve Rice, Council Member Steven Leonardis, Council Member Diane McNutt, and Council Member Barbara Spector. Absent: None. PLEDGE OF ALLEGIANCE Charlie Laurencio from St. Mary's School led the Pledge of Allegiance. The audience was invited to participate. CLOSED SESSION REPORT Conference with Legal Counsel/Existing Litigation (Government Code Section 54956.9 lal) To meet with Town Attorney regarding existing litigation pursuant to Government Code §54956.9(a). Discussion in open session would prejudice the position of the Town in litigation. 1. Tyrone Johnson v. Town of Los Gatos, U.S. District Court, Case No. CV 10-05084 Judith Propp, Town Attorney, stated that no reportable action was taken. TOWN COUNCIL COUNCIL/TOWN MANAGER REPORTS Council Matters - There were no Council Matters for this meeting. Page 1 DRAFT Council/Agency Meeting 8/1/11 Item # Council/Manager Matters — Continued Manager Matters Greg Larson, Town Manager - Introduced Jackie Rose as the new Community Outreach Coordinator. - Introduced Mazarin Vakharia as the Clerk Administrator/Deputy Town Attorney. - Commented that Shakespeare in the Park is celebrating its Tenth Anniversary. - Commented that the Library's Time Capsule Ceremony occurred on June 21, 2011. Did You Know?? Jonathan Knowles, Los Gatos Music and Arts - Commented about the Music in the Park series held on the Civic Center lawn every Sunday through August. - Commented about the history of Music in the Park. - Commented that more information about the schedule and performers can be found at www.Igmip.com. CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION) 1. Accept report on Town Manager approved actions during Council recess. TOWN COUNCIL/REDEVELOPMENT AGENCY 2. Approve Council/Agency minutes of June 20, 2011. MOTION: Motion by Council Member Barbara Spector to approve Consent Items #1 and #2. Seconded by Council Member Steven Leonardis. VOTE: Motion passed unanimously. VERBAL COMMUNICATIONS - There were no Verbal Communications for this meeting. Page 2 DRAFT Council/Agency Meeting 8/1/11 Item # TOWN COUNCIL PUBLIC HEARINGS 3. Consider request of approval to increase seating, establish outdoor seating; and Consider request of modifying hours of operation for an existing wine establishment (Enoteca La Storia) on property zoned C-1. APN 529-07-099 Conditional Use Permit U-11-003. Property Location: 416 N. Santa Cruz Avenue Property Owner: Los Gatos Shopping Center LLC. Applicant: Michael Guerra and Joseph Cannistraci. RESOLUTION 2011-051 Staff report made by Jennifer Savage, Associate Planner. Council Comments Questioned whether the location of the 12 seats and whether inside or outside seating remain issues. Ms. Savage Clarified that the location of the 12 seats is no longer an issue. Open Public Hearing Michael Guerra, Applicant - Requested that Council approve the application. Closed Public Hearing MOTION: Motion by Council Member Barbara Spector to make the required findings (Attachment 1) and approve Conditional Use Permit U-11-003 and adopt resolution approving a request to increase seating, establish outdoor seating, and modify hours of operation for an existing wine establishment (Enoteca La Storia) on property zoned C-1 (Attachment 2) as reflected in the Desk Item. Seconded by Council Member Diane McNutt. VOTE: Motion passed unanimously. Page 3 DRAFT Council/Agency Meeting 8/1/11 Item # Public Hearings - Continued 4. Introduce an ordinance adding Chapter 14.120 Entitled "Medical Marijuana Dispensaries" to the code of the Town of Los Gatos prohibiting medical marijuana dispensaries within the Town. RESOLUTION 2011-052 Staff report made by Wendie Rooney, Director of Community Development. Open/Closed Public Hearing Mayor Joe Pirzynski directed Mazarin Vakharia, Clerk Administrator, to read the title of the ordinance. MOTION: Motion by Mayor Joe Pirzynski to waive the reading of the proposed ordinance and to introduce an ordinance adding Chapter 14.120 Entitled "Medical Marijuana Dispensaries" to the code of the Town of Los Gatos prohibiting medical marijuana dispensaries within the Town. Seconded by Council Member Diane McNutt. VOTE: Motion passed unanimously. MOTION: Motion by Vice Mayor Steve Rice to adopt resolution supporting the Santa Clara County Cities Association Appeal to Federal and State Governments (Attachment 5). Seconded by Council Member Barbara Spector. VOTE: Motion passed unanimously. 5. Consider a request for approval of a Planned Development Amendment to allow an off -site below market price housing unit on property zoned R-1:8:PD. Planned Development Application PD-11-002 APN 529-16-073. Project Location: Placer Oaks Road. Property Owner:. Landmark Development Corporation. Applicant: Cupertino Development Corporation. Council Member Diane McNutt recused herself from Item #5 due to a business relationship with a family member of the applicant. Mayor Joe Pirzynski stated that the applicant has requested to continue this item. Staff report made by Jennifer Savage, Associate Planner. Page 4 DRAFT Council/Agency Meeting 8/1/11 Item # Public Hearing Item #5 — Continued Open/Closed Public Hearing MOTION: VOTE: Motion by Vice Mayor Steve Rice to continue the item to the September 19, 2011 Town Council meeting. Seconded by Council Member Barbara Spector. Motion passed 4/0. Council Member Diane McNutt recused herself from Item #5 due to a business relationship with a family member of the applicant. OTHER BUSINESS - There was no Other Business scheduled for this meeting. ADJOURNMENT Attest: Mazarin A. Vakharia Clerk Administrator Page 5 THIS PAGE INTENTIONALLY LEFT BLANK