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M10-07-13 Town Council Meeting 10/21/13 Item # 1 MINUTES OF THE TOWN COUNCIL/PARKING AUTHORITY MEETING OCTOBER 7, 2013 The Town Council of the Town of Los Gatos conducted a Regular Meeting on Monday, October 7, 2013 at 7:00 P.M. CLOSED SESSION Closed Session began at 5:45 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 and Greg Larson, Town Manager. Employee Organization(s): - American Federation of State, County and Municipal Employees (AFSCME) - - Town Employees Association (TEA) - Confidential Employees - Management Employees. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION (Government Code Section 54956.9 (d)(1) Name of Case: 1. Los Gatos Citizens for Responsible Development (Quintana) v. Town of Los Gatos and LG Business Park LLC. Santa Clara County Superior Court Case No. 111 CV 209214/Court of Appeals (6th District) Case No. H040127 2. Los Gatos Citizens for Responsible Development (Shepardson, Wu) v. Town of Los Gatos and LG Business Park LLC Santa Clara County Superior Court Case No. 113 CV 252306 MEETING CALLED TO ORDER The meeting was 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 Jadyn Conover, St. Mary's School, led the Pledge of Allegiance. The audience was invited to participate. PRESENTATION Proclamation - Day of the Girl - Mayor Spector presented Setareh Raygani and Kristina Rozova of Los Gatos High School, a Proclamation declaring October 11, 2013, Day of the Girl. CLOSED SESSION REPORT Judith Propp, Town Attorney, stated Council met in Closed Session as duly noted on the agenda, and that no action was taken. COUNCIL/TOWN MANAGER REPORTS Council Matters Council Member Pirzynski - Stated he attended the League of Cities Annual Conference. Mayor Spector - Stated she attended the General Plan Committee meeting. - Stated she attended the North 40 Advisory Committee meeting. - Announced the deadline to apply for boards and commissions has been extended to October 18, 2013. Manager Matters - Hosted the first nextdoor.com neighborhood training meeting in conjunction with Community Outreach Coordinator, Jackie Rose. - Commented on erroneous information in a letter to the editor in the Los Gatos Weekly Times about the fluoridation of water in Los Gatos. Did You Know...? Jackie Rose, Community Outreach Coordinator - Presented information on Emergency Preparedness. CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION) 1. Approve Council minutes of September 16, 2013 2. Authorize the Town Manager to enter an agreement with MBS Business Systems (MBS) to provide lease and maintenance services for copiers and printers within the Town of Los Gatos and US Bank for the lease purchase agreement for the equipment 3. Zoning Code Amendment A-13-01. Firearm Regulation. Applicant: Town of Los Gatos a. Adopt ordinance amending Chapter 29 (Zoning Regulations) of the Town Code regarding the (1) Retail sales of firearms, ammunition and/or destructive devices, (2) Home Occupation Permits, and (3) Duties of the ORDINANCE 2220 Planning Commission and Town Council b. Adopt ordinance repealing the portion of Town Code Section 18.70.015 that ORDINANCE 2221 allows the discharging of firearms on private property 2 Town Council/Parking Authority October 7, 2013 Consent Items continued 4. Adopt resolution making determinations and approving the reorganization of territory designated Englewood Avenue No. 9, containing approximately .49 acres located at 16428 Englewood Avenue (APN 532-05-019) File #AN13-002 RESOLUTION 2013-041 5. Adopt resolution setting date for consideration of reorganization of an uninhabited area designated as Shannon Road No. 25, approximately .26 acres located at RESOLUTION 2013- 16330 Shannon Road (APN 532-03-035) File #AN12-004 042 Item #3 pulled by Jess Guy. MOTION: MotionVice Mayor Steven Leonardis by to approve the Consent Items as recommended by Staff, with the exception of Item #3. Seconded Council Member Marcia Jensen. by VOTE:Motion passed unanimously Pulled Consent Item #3 3. Zoning Code Amendment A-13-01. Firearm Regulation. Applicant: Town of Los Gatos a. Adopt ordinance amending Chapter 29 (Zoning Regulations) of the Town Code regarding the (1) Retail sales of firearms, ammunition and/or destructive devices, (2) Home Occupation Permits, and (3) Duties of the Planning Commission and Town Council b. Adopt ordinance repealing the portion of Town Code Section 18.70.015 that allows the discharging of firearms on private property Jess Guy - Spoke on ramifications to Templar Sports as a result of the new ordinance. Closed the Public Hearing at 7:20 p.m . Council Member Diane McNutt - Stated that Item #3 was two different motions at the September 16, 2013, meeting and the amortization was a no vote for her. 3 Town Council/Parking Authority October 7, 2013 Pulled Consent Item #3 continued MOTION: MotionVice Mayor Steven Leonardis by to approve Item #3 as recommended by Staff, with the notation that Council Member Diane McNutt previously voted no on the amortization portion. Seconded Council Member Joe Pirzynski. by VOTE:Motion passed unanimously VERBAL COMMUNICATIONS Ben Musolf, Campo Di Bocce - Advised Council they are working with their neighbors to address the noise concerns. PUBLIC HEARINGS 6. Introduce an ordinance amending Chapter 29 (Zoning Regulations) of the Town Code to incorporate the following revisions required to implement the State Certified Housing Element a. Adoption of an Emergency Shelter definition and allowing the use as a permitted use in the controlled manufacturing zone b. Adoption of a Universal Design/Reasonable Accommodation Ordinance for disabled persons c. Amending the "Family" definition to conform with state law d. Adoption of a Transitional Housing definition and allowing the use as a permitted use in the residential multi-family zone e. Removal of the Multi-Family Conditional Use Permit requirement and allowing multi- family uses as a permitted use in the residential multi-family zone f. Amending the Group Home and Small Family Residential Care Facility definitions to conform to the community care facilities act g. Other minor amendments necessary to implement the revisions Erwin Ordonez, Senior Planner, presented the staff report. Opened the Public Hearing at 7:28 p.m. Jeff Loughridge - Spoke on the location of the emergency shelter and transitional housing in north Los Gatos. Closed the Public Hearing at 7:31 p.m. Council Members discussed the matter. 4 Town Council/Parking Authority October 7, 2013 Public Hearing Item #6 continued MOTION: MotionCouncil Member Joe Pirzynski by to approve the recommendations as stated in the Staff Report. Seconded Council Member Diane McNutt. by VOTE:Motion passed unanimously 7. Conditional Use Permit Application U-13-005, Subdivision application M-13-001, Architecture and Site Applications S-13-008 through S-13-011. Property Location: 550 Hubbell Way. Property Owner: 17230 Buena Vista Partners, LLC. Applicant/Appellant: Gregory Howell Consider appeal of Planning Commission decisions denying a request for a conditional use permit for construction of four RESOLUTION condominiums on property zoned RM:12-20 APN 529-09-036 2013-043 Suzanne Avila, Senior Planner, presented the staff report. Opened the Public Hearing at 7:46 p.m. Chris Spaulding, Architect - Represented the appellant and spoke on the project. Elizabeth McCoy - Expressed concern about construction traffic and parking. Chris Wiley - Expressed concern about noise, privacy, and parking. Mark DeMattei - Stated that the applicant will address construction parking concerns. Closed the Public Hearing at 8:25 p.m. Council Members discussed the matter. MOTION: MotionCouncil Member Marcia Jensen by to adopt a resolution denying the appeal and upholding the decision of the Planning Amendment by Mayor Barbara Spector Commission. : that should the applicant resubmit a new application the applicant will work with staff on a time and materials basis. Seconded Vice Mayor Steven Leonardis. by VOTE:Motion passed unanimously. 5 Town Council/Parking Authority October 7, 2013 OTHER BUSINESS None. ADJOURNMENT Meeting adjourned at 8:47 p.m. Submitted by: Attest: _________________________ _____________________________________ /s/ Shelley Neis, Deputy Clerk /s/ Jackie D. Rose, Interim Clerk Administrator 6 Town Council/Parking Authority October 7, 2013