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M05-06-13 Town Council Meeting 5/20/13 Item #1 Page 1 MINUTES OF THE TOWN COUNCIL/SUCCESSOR AGENCY MEETING MAY 6 , 2013 The Town Council of th e Town of Los Gatos conducted a Regular Meeting in the Town Council Chambers on Monday, May 6 , 2013 at 7:0 0 P.M. CLOSED SESSION – 5 :00 P.M. PUBLIC EMPLOYEE ANNUAL PERFORMANCE EVALUATION [Government Code Section 54957(b)(1)] Title: Town Manager CONFERENCE WITH LABOR NEGOTIATOR (Government Code Section 54957.6) Town Negotiator: Rumi Portillo, Human Resources Director - Unrepresented Employee: Town Manager STUDY SESSION – 6:00 P.M DISCUSSION TOPIC Discussion and direction on the regulation of single -use carryout bags and expanded polystyrene Christina Gilmore , Assistant to the Town Manager, presented the staff report. Council Questions - Questioned whether the proposed future ordinance is applicable to all retailers. - Questioned whether the stat e bills includ e charging for single use bags. - Questioned whether there is a charge for paper bags too. - Questioned whether the money from sale of bags stays with the retailer - Questioned whether other cities' ordinances include cha rges for bags. - Questioned w hy the polystyrene ordinance will come to Council later than the plastic bag ordinance. - Questioned the timeline of the future proposed ordinance. Ms. G ilmore - Described three bills that are pending in the state legislature regarding single use plastic bags; each is in draft form with re visions forthcoming. - Commented that the 10 cents charge is f or retailers to recoup cost, and the revenue from bag sales remains with the retailer . - Commented that there is no model ordinance for Polystyrene and Cupertino will d o an EIR for this matter. - Commented that staff will beg in public outreach immediately. - Described the timeline: the ordinance will be introduced in October 2013 and may be adopted in November 2013, for implementation in January 2014. Page 2 Mr. Larson - Commented th at staff workload will determine the timelin e for the polystyrene ordinance because there is no model ordinance for this issue. - Commented that state legislation exempts certain businesses based on square footage of the retail space and other factors. Council Questions - Questioned if the Town deviate s from proposed ordinance whether there would need to be other environmental review. - Questioned whether the San Mateo EIR ha s a sunset clause and whether the EIR assume d charges for bags Ms. Gilmore - C ommen ted that changes to the model ordinan ce may require an Addendum EIR and that she does not know whether there is a sunset clause. - Commented that there are bag charges of 10 cents per bag which is later raised to 25 cents in the EIR. Open ed the p ubl ic hearing Ms. Wiley - Asked for clarification about the implementation of the plastic ban bag. Ms. Barker - C ommented that retailers order supplies up to six months in advance so it’s necessary to give as much as advance notice as possible. - In response to a Cou n cil question, Ms. Barker stated that the change would not be a burden with adequate notice. Mr. Hunt Expressed support for reducing the number of plastic bags. Mr. Bjorg Expressed support for the model ordinance. Closed the public hearing Council Questions - Questioned whether the retailers are required to ask permission prior to charging customers for bags . - Questioned whether retailers will stop providing bag credit s . Ms. Gilmore - Clarified that the model ord inance does provide for some plastic bags use by retailers as long as they are 2.2 5 mm thick and fully recyclable. - Commented that the bag credit may be up to the retailer. Page 3 Mr. Larson - Commented that the question re garding the charge for bags may be good custome r service and nothing prohibits retailers f rom currently charging for bags. MOTION: Motion by Council Member Diane McNutt to authorize staff to draft and present an ordinance to regulate single use carryout bags and to move into the polystyrene as soon as possible with two annotations: 1) To look at extending the start time for small retailers to be able to use up their inventory, 2) To look at the cost of paper bags to get an estimate of the actual cost to the retailers . Se conded by Council Member Joe Pirzynski VOTE: Motion passed unanimously . The following d iscussion occurred prior to the vote : - Commented that Los Gatos shou ld not get in front of the EIR that another jurisdiction is doing. - Commented that the RWRC's timelin e does not include EIR process Council Questions - Questioned the need for the Jan uary 2014 implementation Ms. Gilmore - Commented that the impl eme n tation date is a staff suggestion, based on Council's interest in this item . Mr. Larson - Commented that the EIR did specify 10 cents and 25 charges per bag and any changes ma y require an Addendum EIR. The study session concluded at 6:38 p.m. MEETING CALLED TO ORDER - 7:00 P.M. ROLL CALL Present: Mayor Barbara Spector, Vice Mayor Steve Leonardis, Council Member Marcia Jensen, Council Member Diane McNutt, and Council Member Joe Pirzynski. Absent: None. PLEDGE OF ALLEGIANCE Joseph Sandoval from Noddin Elementary l ed the Pledge of Allegia nce. The audience was invited to participate. Page 4 PRESENTATIONS Mayor Spector presented a proclamation to Todd Capurso, Parks and Public Works Director , for National Public Works Week CLOSED SESSION REPORT Judith Propp, Town Attorney - Commented that Council met in Closed Session and took no reportable action. TOWN COUNCIL Council Matters Council Member McNutt - Commented that the deadlines for public comment submitted to Council is 3:00 p.m. and that this rule must be emphasized so there is time enough for Council to receive and review the information. Mr. Larson - Commented that staff is working on a proposal to Council regarding the issue Council Member McNutt mentioned. Council Member Pirzynski - Commented that he attended a Valley T ransportation Autho rity meeting regarding transportation options for seniors. Vice Mayor Leonardis - Commented that he attended a West Valley Solid Wast e Advisory Committee meeting regarding contract discussions. - Commented that the Committee would like to conduct community me etings to disc uss the changes to the contract and r equested that an outreach meeting be held in Los Gatos. Manager Matters Greg Larson, Town Manager - Commented that there are five desk items - Commented that Youth Commission and Transportation and Parking Commission recruitment is ongoing. - Commented that the Police Foundation is having a fundraiser. - Introduced Melissa Huang, Assistant Civil En gineer, as the Rotating Talent. - Commented that Mazarin Vakharia, Clerk Administrator and Deputy Town Attorney, is le aving the Town for other employment. Page 5 CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION) 1. Approve Council minutes of: a. April 15, 2013 b. April 22, 2013 - Special Meeting 2. Planned Development Application PD -11 -006. Negative Declaration ND -11 -008. Architecture and Site Application S -12 -098. Project Location: 219 Bean Avenue. Property Owner: Roman Catholic Bishop of San Jose. Applicant: Jeffrey T. Berg, AIA/Steinberg Architects. Adopt an Ordinance approving a Planned Developmen t Application to rezone from R -1D and C -2 to R -1D:PD to allow for the construction of a new Jr. high school, modify existing school operations, and continue church services and activities 3. Authorize the Town Manager to amend the planning center DC&E contract for the preparation of required environmental review documents for the Affordable Housing Overlay Zone (AHOZ) program of the General Plan and Housing Element 4. Electric Vehicle Charging Stations - Parking Restrictions Authorize restricted par king in parking stalls adjacent to Electric Vehicle Charging Stations - Council Member McNutt pulled Item #4 from the Consent Agenda. 5. Santa Clara Valley Water District Grant Application Adopt resolution authorizing the Town Manager to apply for and accept grant funds under the Clean, Safe Creeks and Natural Flood Protection Program of 2000 - Council Member McNutt pulled Item #5 from the Consent Agenda. 6. PPW Job No. 12 -01 - Pageant Grounds Phase 3 Improvements - Renovations 411 -831 -1201 Authorize the Town Manager to execute a Certificate of Acceptance and Notice of Completion accepting the work of Bearden Construction Company, Inc. DBA CB Concrete Construction Inc. and authorize recording by the Clerk Administrator 7. Chestnut Avenue Temporary Installation of Traffic Calming Devices Accept report on the temporary installation of traffic calming devices for the Chestnut Avenue neighborhood - Ms. Quintana pulled Item #7 from the Consent Agenda. Page 6 8. PPW Job No. 12 -13 - Pavement Rehabilitation - Crack Seal Project 411 -811 -9903 a. Authorize the Town Manager to execute a construction contract with S. Miller Paving in an amount not to exceed $168,700.00 b. Authorize staff to execute future change orders to the construction contract as necessary in an amount not to exceed $25,893.00 c. Authorize an expenditure budget adjustment reducing the Street Repair and Resurfacing Program 411 -811 -990 and increasing the budget in the Pavement Rehabilitation - Crack Seal Project 411 -811 -9903 in the amount of $28,680.00 9. Landscape & Lighting Assessment Districts 1 & 2 a. Adopt resolution preliminarily approving the Engineer’s Report for Fiscal Year 2013/14 b. Adopt resolution of intention to order the levy and collection of assessments for Landscape and Lighting No. 1 -Blackwell Drive Benefit Zone c. Adopt resolution of intention to order the levy and collection of assessments for Landscape and Lighting District No. 1 -Kennedy Meadows Benefit Zone d. Adopt resolution of inten tion to order the levy and collection of Assessments for Landscape and Lighting District No. 1 -Santa Rosa Heights Benefit Zone e. Adopt resolution of Intention to order the levy and collection of assessments for Landscape and Lighting District No. 1 -Vason a Heights Benefit Zone f. Adopt resolution of intention to order the levy and collection of assessments for Landscape and Lighting District No. 1 -Hillbrook Drive Benefit Zone g. Adopt resolution of intention to order the levy and collection of assessments for Landscape and Lighting District No. 2 -Gemini Court Benefit Zone - Ms. Sterne pulled Item #9 from the Consent Agenda. 10. Hazardous Vegetation Abatement (Brush) a. Adopt resolution declaring hazardous vegetation (brush) a public nuisance and providing for abatement b. Set June 17, 2013 as a Public Hearing to hear protests on this annual program MOTION: Motion by Council Member Marcia Jensen to approve consent items 1 ,2,3,6,8, and 10 . Se conded by Council Member Joe Pirzynski VOTE: Motion passed unanimously . Vice Mayor Leonardis recused himself from Item #2 . Page 7 Pulled Consent Item #4 4. Electr ic Vehicle Charging Stations - Parking Restrictions - Authorize restricted parking in parking stalls adjacent to Electric Vehicle Charging Stations Council Member McNutt - Expressed concern about setting aside number of spaces for long blocks of time for one vehicle so she wanted to discuss this item. Council Questions - Questioned whether electric vehicles spaces are to be exclusive and suggested to mark EV parking only and have time limits apply . - Questioned whether the Town is providing parking or fuel stations - Questioned if the proposal is a uniform policy for all stat ions or should there be parking restrictions similar to the adjacent spaces? - Expressed concern about creating parking privileges for electric vehicles. Mr. Capurso - Commented that the intent is to make six charging stalls electric vehicle parking only. - Commented that a couple of stalls are in areas with unrestricted parking times. - Commented that the installation of stations makes Town already in the business of providing fuel - Commented that intent is not to create a third tier of parking time for electric vehicles but rather to restrict electric vehicles to the time limitations as posted in the particular parking lot. Mr. Larson - Commented on the staff recommendatio n, which is for six restricted electric vehicle parking spaces which would inherit the adjacent time limits , but staff is also asking for flexibility to vary the time limits as demand requires. Open ed the public hearing Mr. McE voy - Expressed support for restricting parking to electric vehicles only while charging. Mr. Calise - Expressed support for restricting parking to electric vehicles only while charging. Mr. M ekechuk - Commented that Council should give staff flex ibility to allow policy to evolve . C losed the public hearing Page 8 MOTION: Motion by Council Member Diane McNutt to authorize restricted parking in parking stalls adjacent to Electric Vehicle Charging Stations and to evaluate signage which restricts parking to electric vehicles while charging Se conded by Council Member Joe Pirzynski VOTE: Motion passed unanimously . Pulled Consent Item #5 5. Santa Clara Valley Water District Grant Application Adopt resolution authorizing the Town Manager to apply for and accept grant funds under the Clean, Safe Creeks and Natural Flood Protection Program of 2000 - Council Member McNutt commented that she pulled the item to discuss whether this is the necessary manner to proceed, given the need to schedule public input. M r. Capurso - Commented that it is not possible to always align the timing of the environmental re view with the grant - Commented that the pedestrian bridge still needs to be evaluated as a future project and envi ronmental review will be needed, which is the reaso n for applying now - Commented that the T own is not obligated in any way Council Questions - Q uestioned the expiration date on the grant and the combination of grants - Questioned the project’s financ ing structure and timeframe. - Questioned whether there is any risk of loss of T own funds Mr. C apurso - Commented that the first grant expires in 2015 and the second grant in 2016 , but if the Town can combine the work into one trail segment, then the Town can re - negotiate one grant agreement - Commented that there is no payment of grant funds upfront . - Commented that Phase 1 is a $600,000 project and the Town had committed $300 ,000 as a match to apply for $300 ,000 in grant funding. - Commented that the s econd segment is for a grant of $150,000. - Commented that the only potential loss is staff resources for outreach and environmental review - Commented that the preliminary portions will begin toward s the end of 2013/14 and construction will be into the next fiscal year. Opened and closed the public hearing Page 9 MOTION: Motion by Council Member Diane McNutt to adopt a resolution (Attachment 1) to apply for and accept grant funds under the Comprehensive Stewardship of the Clean Safe Creeks and Natural Flood Protection Program of 2000. Se conded by Council Member Joe Pirzynski VOTE: Motion passed unanimously . Pulled Consent Item #7 7. Chestnut Avenue Temporary Installa tion of Traffic Calming Devices - Accept report on the temporary installation of traffic calming devices for the Chestnut Avenue neighborhood Opened the public hearing Ms. Quintana - Expressed concern about traffic diversion and other issues associated with traffic calming measures in the proposed project. C losed the public hearing Mr. Capurso - Commented on the Town’s traffic calming policy - Commented that sp eed humps do not divert traffic, th ey slow it down - Commented that installation of traffic calming devices is temporary , for 6 months to a year , and then staff re -surveys Council Questions - Questioned how traffic surveys are conducted . Mr. Capurso - Commented that surveys are done with traffic hoses , which measure volumes and average speeds MOTION: Motion by Council Member Joe Pirzynski to accept report on the temporary installation of traffic calming devices for the Chestnut Avenue neighborhood Se conded by Vice Mayor Leonardis. VOTE: Motion passed unanimously . Page 10 Pulled Consent Item #9 9. Landscape & Lighting Assessment Districts 1 & 2 Opened the public hearing Ms. Stern - Commented that the PG&E substation is not shielded by trees as agreed to by PG &E Mr. Larson - Commented that staff will review this issue and contact Ms. Stern C losed the Public H earing. MOTION: Motion by Council Member Joe Pirzynski to adopt the resolut ions in Attachments 1 through 7, to prel iminarily adopt the Engineer’s R eport a nd to collect and levy assessments in the specified Landscape and Lighting Assessment Districts. Se conded by Vice Mayor Leonardis. VOTE: Motion passed unanimously . V ERBAL COMMUNICATIONS - There were no verbal communications for this meeting. PUBLIC HEARINGS 11. Conditional Use Permit Application U -13 -001. Property Location: 50 University Avenue, Space A290. Property Owner: SRI Oldtown, LLC. Applicant: Tammy Korte and Brian Learn Consider an appeal of a Planning Commission decision denying approval of a formula retail apparel store (Lucy) in a commercial space previously occupied by a formula retail bookstore (Borders) on property zoned C - 2:LHPD:P APN: 529 -02 -044 - Mayor Spector recused herself because of the location of the proposed project to property she owns. Erwin Ordoñez , Senior Planner, presented the staff report . Page 11 O pen ed the public hearing Mr. Bryden, Ms . D zedzy, and Mr. Sweetnam , Applicants - Described the proposed project and encourage d Council to support it. C losed the public hearing Council Discussion - Commented that the formula retail ordinance applies - Commented that the balance of formula retailers v ersus independent retailers is good at 80% independent and 20% formula and that this balance is not disturbed by the proposed project because one formula business is replacing another. - Commented that it is not Council ’s role to determine that there are too many of a certain type of retailer because that's for the ma r ketplace to decide . MOTION: Motion by Council Member Diane McNutt to grant the appeal , make the required findings, and approve the Conditional Use Permit (Attachment 2) subject to the Conditions in Attachment 4. Se conded by Council Member Joe Pirzynski VOTE: Motion passed unanimously . Mayor Spector recused h erself because she owns property in the area. A DJOURNMENT The meeting adjourned at 8:39 p.m. Attest: ______________________________ /s/ Mazarin Vakharia, Clerk Administrator