M04-01-13 Town Council Meeting 4 /1 5 /13
Item #1
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MINUTES OF THE TOWN COUNCIL/SUCCESSOR AGENCY MEETING
APRIL 1 , 2013
The Town Council of th e Town of Los Gatos conducted a Special Meeting in the Town
Council Chambers on Monday, April 1 , 2013 at 7:0 0 P.M.
*AMENDED AGENDA*
CLOSED SESSION - 5:45 P.M.
PUBLIC EMPLOYEE PERFORMANCE EVALUATION [Government Code Section
54957(b)(1)] Title: Town Manager
CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Government Code Section
54956.8) Properties: 110 E. Main Street (Former Library Building only), APN: 529 -34 -
108 Negotiating parties: Town of Los Gatos (Negotiator: Greg Larson, Town Manager)
Los Gatos Museum (Negot iator: Executive Director) Under negotiation: Price and terms
of potential lease
MEETING CALLED TO ORDER - 7:00 P.M.
ROLL CALL
Present: Mayor Barbara Spector, Vice Mayor Steven Leonardis, Council Member
Marcia Jensen, Council Member Diane McNutt, and Council Member Joe Pirzynski.
Absent: None.
PLEDGE OF ALLEGIANCE
George Ross Van Meter Elementary School l ed the Pledge of Allegiance. The audience
was invited to participate.
COUNCIL/TOWN MANAGER REPORTS
Council Matters
Vice Mayor Leonardis
- Commented that he attended Art in the Council Chambers, a Seniors of Distinction
Award Committee meeting, and a West Valley Sanitation District meeting.
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Council Matters - continued
Council Member Pirzynski
- Commented that he attended a Metro Transport ation Commission meeting, and an
Association of Bay Area Governments meeting, and he represented Council at the
CASA fashion show at Los Gatos High School.
Mayor Spector
- Commented that she attended a General Plan meeting considering AHOZ , a Mayor
Manager West Valley meeting and the Art in Council Chambers reception.
Manager Matters
Greg Larson, Town Manager
- Introduced Shelley Neis as the Town's new Deputy Clerk.
- Commented that the Forbes Mill Footbridge re -dedication ceremony would take
place on April 3, at 3:00 p.m.
- Commented that the Pageant Grounds Opening Ceremony would take place on
April 20, 2013 at 11:00 a.m.
Did You Know...?
Monica Renn, Economic Vitality Coordinator
- D iscussed upcoming events for Keep Los Gatos Beautiful Month.
PRESENTATION S
Mayor Spector presented a Proclamation fo r Los Gatos Poetry Month to Erica Goss,
Los Gatos Poet Laureate
Poetry Month – Fischer School Student Readings - Maddie Kleis, Ryan McGrath, and
Kayla Mills each read an original poem.
CLOSED SESSION REPORT
Judith Propp, Tow n Attorney
Commented that Council took n o reportable action for either closed session on April 1,
2013 and March 25, 2013.
CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION)
1. Approve Council minutes of March 18, 2013
2. Accept the 2011/12 Comprehensive Annual Financial Report (CAFR)
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3. Conceptual approval and conditions for donation of a permanent stage at the Los
Gatos Civic Center
- Council Member Diane McNutt pulled Ite m #3 from the Consent Agenda
4. Authorize the Town Manager to execute a three -year maintenance agreement
with Accela, Inc. for maintenance and support of the Accela Automation
Permitting Software System
5. PPW Job No. 12 -04 Winchester Blvd./Knowles Avenue Intersection Improvement
Project 813 -0204 Approve plans and specifications for Winchester Blvd./Knowles
Avenue intersection improvements and authorize staff to advertise the project for
bid
6. PPW Job No. 12 -18 - Fiscal Year 2012/13 - Street Repair and Resurfacing Project
811 -9901 - Approve plans and specifications for the FY 2012/13 street repair and
resurfacing project and authorize staff to advertise the project for bid
7. Height Pole and Netting Policy - Adoption of a revised Height Pole and Netting
Policy
- Council Member Marcia Je nsen pulled Item #7 from the Consent Agenda.
MOTION: Motion by Vice Mayor Steve Leonardis to approve Consent Items
#1 -7, with the exception of Items #3 and #7 . Se conded by Council
Member Joe Pirzynski .
VOTE: Motion passed unanimously.
VERBAL COMMUNICATIONS
Ms. Dobson
- Commented on traffic near Hillbrook School and its relation to the General Plan.
Ms. Robinson
- Commented on the Albright Project Draft Environmental Report.
Ms. Torre
- Commented on the Albright Project's Draft Environmental Report.
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Verbal Communications – Continued
Mr. Shepardson
- Commented that Councilmembers should visit the Albright site.
Mr. Van Nada
- Commented on traffic near the Albright Project.
Pulled Consent Item #3
3. Conceptual approval and conditions for donation of a permanent stage at the Los
Gatos Civic Center
Council Comments
- Commented that approving conceptual design is approving a stage without knowing
its location, costs, materials, use policies, etc. and without public input opport un ities,
so approval is premature.
- Commented that there are many organizations with ideas for the Civic Center so
any plan should represent a cohesive theme.
Mr. Larson
- Commented that staff shares Council's concerns and there is active private
fundraising occurring.
- Commented that there was a facilitated session with many groups in January to look
at array of opportunities for the Civic Center deck, and staff could conduct a similar
process for the stage.
- Commented that the design could go through the review process, with the Town as
the applicant, unless a private appli cant comes forward.
Council Questions
- Commented that there are a number of community groups that have interests, so
what method will be used to coordinate among groups
- Q uestioned whether the Planning Comm ission would review the design.
- Commented that there are separate stakeholders for the stage versus the Civic
Center as a whole.
- Requested clarification about the current plans for the Civic Center, besides the
stage prop osed in the current agenda item.
Mr. Larson
- Commented that the Veterans Memorial and Pageant Grounds opening are being
planned.
- Commented that Pageant Grounds opens April 20 and staff will bring back a use
policy soon thereafter.
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Pulled Consent Item #3 – continued
O pen ed and closed the public hearing.
MOTION: Motion by Council Member Diane McNutt to d irect staff, in
consultation with the Mayor, to develop a work plan item to gather
stakeholders and develop overall policies for use and accessories
for the full Civic Center campus.
Se conded by Council Member Marcia Jensen.
VOTE: Motion passed unanimously.
Pulled Consent Item #7
Suzanne Avila , Senior Planner, presented the staff report.
Open the public hearing.
Mr. Shepardson
- Commented on possible additions to the height pole and netting policy.
Ms. Quintana
- Commented on possible additions to the height pole and netting policy.
Closed the public hearing.
C ouncil Discussion
- Commented that creating a project website is a large task and applicants should
draft what should be posted for staff review .
- Commented that notification cards should have some illustration of the proposed
project.
- Commented that the consulting architect should verify height of story poles , and that
sto ry poles do not depict density.
- Commented that the online act ivity report should be up soon.
- Commented that the big development projects, such as P lanned D evelopment and
multi -unit commercial projects can bear the cost of notification.
- Commented that there should be signage to notify people that this is a project site
so there is no confusio n.
- Commented that story poles are for notice but cannot show density and computer
graphics must accurately depict projects as do traditional models.
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Pulled Consent Item #7 – continued
Ms. Avila
- Commented that a surveyor could do a true measurement to verify accuracy of the
height of story poles.
Council Discussion – Continued
- Commented that Council and the public should be advised on when an exception is
being considered and when it is granted.
- Commented that relevant information must be available fo r the public and that the
online development website will help.
- Commented that bright colored notices are better, but having building plans on the
postcards may cause confusion with other mailers.
- Commented that project identification signs are not extreme ly helpful.
- Requested clarification on CEQA visual impact analysis and how it relates to story
poles.
- Commented that projects must have some form of notification such a s netting,
poles, cranes, etc.
- Commented that density is not realistic to show with story poles .
- Commented that graphics are helpful, so long they are verified.
Ms. Propp
- Commented that story poles are not requ ired by CEQA .
- Commented that story poles do not substitute for visual impacts studies.
Council Questions
- Questioned whether thi s policy replace s the old one.
Mr. L arson
- Commented that the o ld policy is staff level policy and this one is a Council policy so
i t takes precedence .
Council Direction Summarized by Staff:
- Strengthen the review process for granting exceptions.
- Establish an online projects system, which staff will bring back as part of the budget.
- Strengthen public notification cards – include graphics for large projects, if possible.
Additional Council Direction:
- Some type of onsite physical representation is required.
- Eliminate signage requirement for single family homes unless it is a sign indicating
where to view plans.
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PUBLIC HEARING
8. Adopt resolution approving the Comprehensive Fee Schedule FY 2013/14, to
continue certain department fees, rates and charges, and increase certain fees,
rates and charges for FY 2013/2014 and establishing a fine to allow enforcement
of Town of Los Gatos Town Code Section 15.40.275, Parking, etc., in Alleys
Restricted to Loading or Unloading
Jennifer Callaway, Budget Manager, presented the staff report.
Opened the public hearing.
Ms. Quintana
- Questioned whether traffic impact fees were part of the fee schedule before the
Council.
Mr. Capurso
- Commented that traffic impact fees are not included in the fee schedule.
Closed the public hearing.
MOTION: Motion by to Council Member Joe Pirzynski to adopt the
resolution. Se conded by Vice Mayor Steve Leonardis.
VOTE: Motion passed unanimously.
OTHER BUSINESS
9. Update on Code Compliance Policies and Practices
Todd Capurso, Director of Parks and Public Works, presented the staff report.
Council Ques tions
- Requested clarification about proactive code enforcement procedures and whether
the y would be limited to downtown.
- Requested clarification about item #6 on page 4 of the staff report.
- Requested clarification about the number of CUPs and expressed concern about
the recommenda tion of scrutinizing each one.
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Item #9 – continued
Mr. Capurso
- Commented that proactive enforcement entails uniformity of enforcement so a
single business or residence is not targeted specifically.
- Commented that part of the staff report addresses the need to upda te webpages.
- Commented that there are hundreds of CUPs and al l should be publicly available.
- Commented that there should be prioritization of CUP review.
Mr. Larson
- Commented that prior Council discussion on this issue involved downtown signage.
Council Discussion
- Commented that staff should investigate CUP violations within a finite amount of
time and that they s hould go through a public process, such as to the Planning
Commission
- Commented that mediation is not advised for CUP violations or other substantive
alleged violations
- Commented that the process should be decided and applied equally across the
board to all, regardless of the business operator.
Opened and closed the public hearing.
Council Discussion
- Commented that the Town C ode should be amended to allow appeal rights for
complaining parties
- Commented that staff should exercise discre tion in when to en force and how.
- Suggested that the time period should be extended to 90 days - no shutting things
down without 5 or more complaints (none anonymous), absent existing identified
violation of an existing CUP and all other means of enforcement are exhausted.
Mr. Capurso
- Commented that a complaining party's appeal right, if any, is less clear to staff so
direction is needed.
Council Discussion – continued
- Expressed concern about granting appeal rights to complainants just because a
CUP is challen ged.
- C ommented that a complaint shou l d not open up the interpretation of a CUP, which
is a vested right.
- Commented that whenever CUP conditions are set, then schedule a hearing 6
months or a year after for public comment to review whether the conditions are
being follow ed.
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Mayor Spector requested a recess at 9:41 p.m . The meeting resumed at 9:48 p.m.
10. Review of Downtown Parking Assessment District
Sandy Bailey, Planning Manager, presented the staff report.
O pen ed the public hearing
Mr. Arzie
- Expressed concern about the future of t he parking assessment district.
- Commented that a new parking assessment district would be best, but it may not be
viable.
Council Question for Mr. Arzie
- What option would be best and what organization would be best to organize it?
Mr . Arzie
- Replied that many business owners would like new parking , and the business
owners should form a new district.
Ms. Quintana
- Expressed concern about the lack of a parking analysis for the theater project.
Closed the public hearing.
Council Discussion
- Commented that alcohol service creates an intensification of use.
- Commented that there was no mathematical precision regarding certain calculations
of square footage, etc., but going forward we can be more careful.
- Commented that stakeholders sh ould be contacted to discuss if they want a parking
assessm ent district or something else.
- Commented that going forward, decisions should be dr iven by the business
community.
- Commented that the third option in the staff report is best.
- Commented that there will not be a new parking assessment district by January 1,
2014 because there is not enough ti me for something this complex.
Mr. Larson
- Commented that the Mayor and staff will meet with representatives from the
Chamber of Commerce to discuss how to proc eed.
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ADJOURNMENT
The meeting adjourned at 10 :21 p.m.
Attest:
______________________________
/s/Mazarin Vakharia, Clerk Administrator