M08-05-13 Town Council Meeting 8/19 /13
MINUTES OF THE TOWN COUNCIL/PARKING AUTHORITY MEETING
AUGUST 5, 2013
CLOSED SESSION
Closed session began at 5:15 p.m.
CONFERENCE WITH LABOR NEGOTIATOR
(Government Code Section 54957.6)
To meet with Town Negotiators listed below in closed session pursuant to Government
Code §54957.6 regarding negotiations with the Employee Organizations listed below:
Town Negotiators (Lead): Rumi Portillo, Human Resources Director/Greg Larson, Town
Manager
Employee Organization(s): American Federation of State, County and Municipal
Employees (AFSCME); Police Officers’ Association (POA);
Town Employees Association (TEA); Confidential
Employees; Management Employee
STUDY SES SION
The Town Council of the Town of Los Gatos conducted a Special Meeting to hold a
study session on Monday, August 5, 2013 at 6:00 P.M.
Council discussion on the regulation of leaf blowers .
Opened the public hearing at 6:29 p.m.
Ms. Quintanna
- S poke in favor of a ban .
Closed the public hearing at 6:32 p.m.
Council direction to staff
- Provide more information on the experience of other cities with restrictions,
including Palo Alto, Los Altos, Carmel, Santa Monica, and Beverly Hills;
- Provide informatio n on options to limit the number of hours, decibels, and/or gas
leaf blowers, and to apply restrictions to commercial properties;
- Provide information on educational options and exchange programs.
STUDY SESSION ADJOURNED
Study session adjourned at 6:50 p .m.
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Town Council/Parking Authority August 5, 2013
The Town Council of the Town of Los Gatos conducted a Regular Meeting on Monday,
August 5, 2013 at 7:00 P.M.
MEETING CALLED TO ORDER
The meeting called to order at 7:00 p.m.
ROLL CALL
Present: Mayor Barbara Spector, Vice Mayor Steven Leonardis, Council Member Joe
Pirzynski, Council Member Diane McNutt, and Council Member Marcia Jensen.
Absent: None.
PLEDGE OF ALLEGIANCE
Camryn Borg, Union Middle School, led the Pledge of Allegiance. The audience was
invited to participate.
PRESENTATION
Tobacco Free Coalition of Santa Clara County
- Dr. Roger Kennedy , Co -Chair of the Tobacco Free Coalition of Santa Clara County ,
introduced Carol Baker, Co -Chair, to present a C ertificate of R ecognition for
outstanding leadership in reducing the burden of tobacco use and protecting the
public’s health by passing strong tobacco prevention policies.
CLOSED SESSION REPORT
Judith Propp, Town Attorney, stated that Council met in Closed Session as duly noted
on the agenda , no action was taken.
COUNCIL/TOWN MANAGER REPORTS
Council Matters
Council Member Steve Leonardis a ttended Santa Clara County W ater D istrict meeting.
Council Member Joe Pirzynski a ttended Valley Transportation Board of Directors
meeting s .
Mayor Barbara Spector at tended the North 40 A dvisory C ommittee m eet ing and C ouncil
P olicy Committee meeting .
Manager Matters
- I ntroduced Kim S mith, Interim Clerk Ad ministrator .
- New Art in the Council Chambers (AICC) show is a retrospective of work by P eter
C arter . A reception is sched uled for S ept ember 4 at 6 p .m .
- Taste of Los Gatos, the annual event for the Police Foundation, is scheduled for
S unday , S e p t ember 8 .
- S creen on the G reen is scheduled for S ept ember 27 , in Oak Meadow Park ; the
movie will be Brave .
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Town Council/Parking Authority August 5, 2013
CONSENT ITEMS
1. Approve Council minutes of June 17, 2013 .
2. Accept report on Town Manager approved actions during Council Recess .
3. Appoint Council Member Joe Pirzynski as the Town’s voting delegate for the League
of California Cities Annual Conferenc e scheduled for September 18 -20, 2013 in
Sacramento, California.
4. Appointment of Student Commissioners .
5. Adopt Ordinance adding a new section XII to Chapter 14 to the Town Code titled
"Firearms Dealers - Sale of Firearms and Ammunition" to require a permit process
for the sale of firearms, ammunition, and/or explosive devices . ORDINANCE 2217
6. Authorize Town Manager to execute a lease agreement with the Friends of the
Library for a portion of the former library space at the Civic Center .
7. PPW Job No. 13 -23 - FY 2013/14 - Curb, Gutter, and Sidewalk Replacement Project
813 -9921 Approve plans and specifications for the curb, gutter, and sidewalk
replacement project and authorize staff to advertise the project for bid .
8. PPW Job No. 13 -01 - Pedestrian Bridge to Sports Park P roject 831 -4402. Authorize
the Town Manager to execute a professional design services contract with Biggs
Cardosa Associates, Inc. in an amount not to exceed $87,000 .
9. PPW Job No. 13 -22 - Hillside Road Repair and Resurfacing Project 811 -0007 .
a. Authorize the Town Manager to execute a construction contract with S.
Miller Paving in an amount not to exceed $104,500 .
b. Authorize staff to execute future change orders to the construction
contract as n ecessary in an amount not to exceed $34,200 .
c. Authori ze the Town Manager to execute an agreement with the County of
Santa Clara related to Foster Road improvements .
10. PPW Job No. 13 -06 - Civic Center Deck Repairs & Waterproofing Project 821 -2107.
a. Authorize the Town Manager to execute a construction contract with
Water Proofing Associates in an amount not to exceed $68,648.
b. Authorize staff to execute future change orders to the construction
contract as necessary in an amount not to exceed $6,000.
c. Authorize a budget adjustment in the amount of $14,648 for proje ct 821 -
2107, Civic Center Deck Repairs and Waterproofing, from available fund
balance in the facilities maintenance fund.
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Town Council/Parking Authority August 5, 2013
Consent Items – continued
Council Member Question to Staff :
- R equested clarification on the funding for item #9.
Staff response to question raised by Council Member :
Greg Larson , Town Manager
- C larified that the Desk I tem identifies the change in the funding source.
Ms. Quintana pulled Item #1 from the Consent Agenda.
Mr. Loughridge pulled Item #3 from the Consent Agenda.
Ms. Williams pulled Item #5 from the Consent Agenda.
MOTION: Motion by Vice Mayor Steven Leonardis to approve the consent
items with the exceptions of 1, 3 and 5, inclusive of desk items .
Se conded by Council Member Marcia Jensen .
VOTE: Motion passed unanimously.
Pulled Consent Item #1
1. Approve Council minutes of June 17, 2013
Ms. Quintana –
- R equested changes to the minutes to more comprehensively reflect the statements
by the public on the Albright project.
Council Member Q uestion to Staff:
- Requested clarification on the “57%” referenced in the minutes .
Greg Larson, Town Manager
- Staff does not feel the recommended changes are necessary as the minutes are a
summary and the full comments are available on the video on the Town website.
Pamela Jacobs, Assistant Town Manager
- C larified Mr. Van Nada’s question was why the Town charges 57% of the amount
for road impact fees that other cities charge.
MOTION: Motion by Council Member Joe Pirzynski to approve the minutes
with the modification to include “why the Town charges 57% of the
amount for road impact fees that other cities charge ” to Mr. Van
Nada’s comment.
Se conded by Council Member Diane McNutt .
VOTE: Motion passe s 4/1. Council Member Marcia Jensen voted no.
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Town Council/Parking Authority August 5, 2013
Pulled Consent Item # 3
3. Appoint Council Member Joe Pirzynski as the Town’s voting delegate for the League of
California Cities Annual Conference scheduled for September 18 -20, 2013 in
Sacramento, California.
Mr. Loughridge
- R equested that Mr. Pirzynski not be the del e gate for the Town .
Mr. Larson
- Cl arified the topics to be discussed at the meeting and that no other council member
notified the staff they were available to attend the meeting.
MOTION: Motion by Council Member Diane McNutt to approve Item 3 .
Se conded by Vice Mayor Steven Leonardis .
VOTE: Motion passed unanimously .
Pulled Consent Item #5
5. Adopt Ordinance adding a new section XII to Chapter 14 to the Town Code titled
"Firearms Dealers - Sale of Firearms and Ammunition" to require a permit
process for the sale of firearms, ammunition, and/or explosive devices.
ORDINANCE 2217
Ms. W illiams
- S tated the topic needs further public discussion and spoke in opposition of a fee
being imposed on Templar .
Mr. G uy
- Stated concerns on several items in the ordinance .
Mr. Shackelford
- S poke against the ordinance .
Mr. Qu on
- C ommented that it is unfair to have Templar be retroactively charged a fee
MOTION: Motion by Council Member Marcia Jensen to adopt the
ordinance adding a new section XIII to Chapter 14 of the Town
Code to require a regulatory permit process for the sale of firearms
and ammunition .
Se conded by Council Member Diane McNutt .
VOTE: Motion passed unanimously .
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Town Council/Parking Authority August 5, 2013
VERBAL COMMUNICATIONS
Ms. Ladd
Request ed the Council modify the rent control ordinance for Bay Tree Apartments.
Ms. Huang, Menthal & Flavored Tobacco Addiction Prevention Work Group
- R equest ed that the Town submit a resolution to the FDA to urge better regulation of
products targeted towards youth.
Mr. Roberts
- W ould like approval to spray paint cartoon cats on yellow caution signs .
PUBLIC HEARINGS
11. Abatement o f Hazardous Vegetation (Brush)
a. Conduct Public Hearing to consider objections to hazardous Vegetation
(brush)
b. Overrule objections and order hazardous vegetation abatement (brush)
Kevin Rohani, Town Engineer, presented the staff report.
Open ed and close d the Public Hearing at 7:52 p .m .
MOTION: Motion by Vice Mayor Steven Leonardis to overrule the
objections and order the hazardous vegetation abatement .
Se conded by Council Member Joe Pirz ynski .
VOTE: Motion passed unanimously
1 2 . Abatement o f Hazardous Vegetation (Weeds)
a. Conduct Public Hearing to consider the rep ort of the County Agricultural
Commissioner’s office on the abatement of hazardous vegetation (weeds)
for the 2012/13 season .
b. Approve said Assessment Report .
Kevin Rohani, Town Engi neer, presented the staff report.
Open ed and close d the Public Hearing at 7:54 p .m .
MOTION: Motion by Vice Mayor Steven Leonardis to accept the
assessment report as noted in Attachment 1.
Se conded by Council Member Joe Pirz ynski .
VOTE: Motion passed unanimously .
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Town Council/Parking Authority August 5, 2013
Public Hearings – Continued
13. Zone Change Application Z -13 -001. Project Location 234 & 236 Los Gatos
Boulevard. Property Owner: Michael Black. App licant: Tony Jeans/THIS Design.
Consider a request for approval to rezone two properties from O to R -1D. APNs
532 -37 -060 and -081.
Jennifer Savage, Planner, presented the staff report.
Opened the Public Hearing at 7:56 p.m.
Mr. Black
- S upports t he findings in the staff report.
Closed the Public Hearing at 7 :57 p.m.
MOTION: Motion by Vice Mayor Steven Leonardis to adopt the required
findings in A ttachment 1 and approve the zone change, waive the
reading of the zone change ordinance , introduce the ordinance to
effectuate the zone change, and to include acceptance of P lanning
C ommission minutes and recommendations ..
Se conded by Council Member Joe Pirz ynski .
VOTE: Motion passed unanimously .
Shelley Neis, Deputy Clerk, read the title of the ordinance .
OTHER BUSINESS
Mayor Spector advised Item 14 would be heard at the end of the agenda .
14. Amendment to Town Council Agenda Format and Rule Policy to establish
timelines for submission of information for and distribution of Agenda Packets,
Addendums and Desk Items for Counci l meetings .
Pamela Jacobs, Assistant Town Manager, presented the staff report.
Council Members Questioned :
- Timing of deadlines .
Staff response to questions raised by Council Members :
Mr. Larson
- Clarified the 11:00 a.m. deadline for public comments is necessary to meet the
deadline of 1 p .m . to provide Desk Items to the Council .
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Town Council/Parking Authority August 5, 2013
Other Business #14 – Continued
Opened the Public Hearing at 9:06 p.m.
Ms. Quintana
- R equest ed a later time limit for public comment on day of meeting .
Closed the Public Hearing at 9:09 p.m.
MOTION: Motion by Council Member Joe Pirzynski to adopt amendment to
Town Council Agenda Format and Rules Policy to establish
timelines for submission of information for and distribution of
Agenda Packets, Addendums and Desk items for Council
Meetings..
Se conded by Council Member Diane McNutt .
VOTE: Motion passe s 4/1. Council Member Marcia Jensen voted no.
15. Annual renewal of agreement for services with the Los Gatos Chamber of
Commerce to manage the Town’s Information Center and coordinate the
Leadership Los Gatos Program (Continued from 6/17/13)
Pamela Jacobs, Assistant Town Manager, stated that answers to C ouncil questions
were provided in the Desk Item and A ddendum .
Opened and c losed the Public Hearing at 8:02 p.m.
Council Members Questioned :
- W hy does staff believe prov ision of these services at the C ivic C enter would not
likely be as convenient or cost effective as the services histo rically provided by the
Chamber of Commerce ?
- What are the differences in the services provided by the Chamber of Commerce ,
the Town, and the Economic Vitality manager?
Staff responses to questions by Council:
Ms. Jacobs
- C larified t he convenience for downtown visitors and residents to go to the Chamber
of Commerce , which also i s open on some S aturdays.
- Clarified th e funds the Town provide s to the Chamber of Commerce supple ments
other funds the Chamber of Commerce receives to provide these services; Town
staff would not be able to provide the sam e level of services with the funds provided
to the Chamber of Commerce .
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Town Council/Parking Authority August 5, 2013
Other Business Item #15 – continued
- Clarified the difference in the services provided by the Chamber of Commerce , the
Town and the Economic Vitality Coordinator.
Council Member McNut t disclosed that her busi ness is a member of the C hamber of
Commerce , but has nothing to do with the running of the organization.
MOTION: Motion by Council Member Diane McNutt to renew the contract
with the Chamber of Commerce.
Se conded by Council Member Joe Pirz ynski .
VOTE: Motion passed unanimously
MOTION: Motion by Council Member Marcia Jense n to direct staff to work
with the Chamber of Commerce to provide additional information as
outlined by Council for the FY 2014 -15 budget.
Se conded by Council Member Joe Pirzynski .
VOTE: Motion passed unanimously
16. Adoption of a revised Height Pole and Netting Policy . RESOLUTION 2013 -032
Sandy Baily, Community Development Director, presented the staff report.
Council Members Questioned :
- Feasibility of requirement to show towers, spires, etc.
- Length of time story poles are up.
- D efinition of “end of the appeal period.”
- D efinition of active application .
- Need for rendering on sign for single family homes.
Staff responses to questions raised by Council Members :
Ms. Baily
- Clarified an exception may be requested if the architectural element is difficult.
- Clarified the d efin ition of an act ive permit.
- Clarified that if a significantly modified application is submitted, staff could require
the poles to come down.
- Clarified the end of the appeal period is once the final decision has been made.
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Town Council/Parking Authority August 5, 2013
Other Business Item #16 – continued
Mr. Larson
- Suggested g iving staff discretion to require removal of poles for in active
application s, with a provision that the appl icant can appeal that decision to C ouncil .
Opened the P ublic H earing at 8:33 p.m .
Mr. Shepardson
- Suggested language for the policy .
Ms. Quintana
- Questioned if the exception requests going to Council would be heard under Other
Business or a Public Hearing; q uestioned why story poles are not included as part
of CEQA .
Closed the P ublic H earing at 8:39 p .m .
MOTION: Motion by Vice Mayor Steven Leonardis to approve the revised
Height Pole and Netting Policy, including Desk Item , Attachment 7 ,
and s taff m odification s which include : Page 2 of Attachment 7,
under Residential "If the project is appealed, the height poles and
netting shall remain until final action is taken. If final consideration
of the project is substantially delayed or the project su bstantially
modified staff may direct removal or modification of th e story poles;
and n ew single family stand -alone construction is not required to
provide a rendering on the sign.
Council Member Joe Pirzynski withdrew second .
The motion did not receive a s e cond .
MOTION: Motion by Council Member Diane McNutt to approv e proposed
language with inclusion of the additional sentence referring to how
long story poles have t o stay up, and changing Page 7 S ection E
sentence replacing "new single family new construction" with
"single family remodel projects are not required to have a rendering
on the sign ."
Se conded by Council Member Marcia Jensen .
VOTE: Motion passed unanimously .
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Town Council/Parking Authority August 5, 2013
ADJOURNMENT
Meeting adjourned at 9:21 p .m .
Submitted by: Attest:
Shelley Neis, Deputy Clerk Kim Marie Smith , Interim Clerk Administrator