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M05-05-2014 Town Council Meeting 5/19/14 Item #1 MINUTES OF THE TOWN COUNCIL/PARKING AUTHORITY MEETING MAY 5, 2014 The Town Council of the Town of Los Gatos conducted a Regular Meeting on Monday, May 5, 2014, at 7:00 P.M. CLOSED SESSION – 6:00P.M. BUSINESS MEETING CALLED TO ORDER AT 7:00 P.M. ROLL CALL Present: Mayor Steven Leonardis, Vice Mayor Marcia Jensen, Council Member Joe Pirzynski, Council Member Diane McNutt, Council Member Barbara Spector. Absent: None PLEDGE OF ALLEGIANCE Fiona Herron led the Pledge of Allegiance. The audience was invited to participate. PRESENTATIONS Mayor Leonardis presented a proclamation in recognition of National Public Works Week to Matt Morley, Parks and Public Works Director. Bonnie Broderick, Director, Center for Chronic Disease and Injury Prevention, presented recognition awards to the Town from the Public Health Department and Supervisor Mike Wasserman on behalf of the County of Santa Clara Board of Supervisors for the Safe Routes to School program. Mayor Leonardis accepted on behalf of the Town a donation from Yoshihiko “Dave” Date and his wife Miyo, a Los Gatos Shadow Box, created by Yoshie Kirima, from Kawanishi City, Hyogo, Japan. CLOSED SESSION REPORT Robert Schultz, Town Attorney, stated Council met in Closed Session as duly noted on the agenda and there is no report. COUNCIL/TOWN MANAGER REPORTS Council Matters - Council Member Barbara Spector stated she attended the Housing Element Advisory Board meeting and the Planned Development ad hoc committee meeting. - Council Member Joe Pirzynski stated he attended the Metropolitan Transportation Commission Board of Directors meeting, Legislative Action Day, League of California Cities Board of Directors meeting, the CDBG Joint Powers Authority, and the Firearms ad hoc committee meeting. Council Matters – continued - Vice Mayor Marcia Jensen stated she attend the Housing Element Advisory Board meeting, the Firearms ad hoc committee meeting, and the Planned Development ad hoc committee meeting. - Mayor Steve Leonardis stated he attended the West Valley Collection & Recycling Board of Directors meeting and the Alcohol and Entertainment ad hoc committee meeting. Manager Matters - Announced the reception for the new Art in the Council Chambers exhibit by the Los Gatos Camera Club will be held Thursday, May 8. - Announced the deadline to apply for student commissioners to serve on the Youth Commission, Community and Senior Services Commission, Parks Commission, and the Library Board is Friday, May 9 by 5 p.m. CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION) 1. Town Council Minutes a. Approve Council Minutes of April 21, 2014 b. Clarification and Correction of April 21, 2014 Council actions regarding Architectural Consultant and Yogurt In Love 2. 2013 General Plan Annual Progress Report 3. Alpine Avenue Temporary Installation of Traffic Calming Devices Accept report on the temporary installation of traffic calming devices for the Alpine Avenue neighborhood 4. Landscape & Lighting Assessment Districts 1 & 2 a. Adopt resolution approving the Engineer’s Report for Fiscal Year 2014/15 RESOLUTION 2014-029 b. Adopt resolution of intention to order the levy and collection of assessments for Landscape and Lighting District No.1- Blackwell Drive Benefit Zone. RESOLUTION 2014-030 c. Adopt resolution of intention to order the levy and collection of assessments for Landscape and Lighting District No. 1- Kennedy Meadows Benefit Zone. RESOLUTION 2014-031 d. Adopt resolution of intention to order the levy and collection of Assessments for Landscape and Lighting District No. 1- Santa Rosa Heights Benefit Zone. RESOLUTION 2014-032 e. Adopt resolution of Intention to order the levy and collection of assessments for Landscape and Lighting District No. 1- Vasona Heights Benefit Zone. RESOLUTION 2014-033 f. Adopt resolution of intention to order the levy and collection of assessments for Landscape and Lighting District No. 1- Hillbrook Drive Benefit Zone. RESOLUTION 2014-034 2 Town Council/Parking Authority May 5, 2014 Consent Items – continued g. Adopt resolution of intention to order the levy and collection of assessments for Landscape and Lighting District No. 2- Gemini Court Benefit Zone. RESOLUTION 2014-035 MOTION: MotionVice Mayor Marcia Jensen by to approve Consent Items. SecondedCouncil Member Joe Pirzynski. by VOTE: Motion passed unanimously. Council Member Diane McNutt recused on Item #3. VERBAL COMMUNICATIONS Rick DiNapoli - Expressed concern about the traffic impact mitigation fee increase adopted by Council in a previous meeting. Barbara Spector - Spoke on the Albright Measure process. PUBLIC HEARINGS 5. Hazardous Vegetation (Brush) Abatement a. Adopt resolution declaring hazardous vegetation (brush) a public nuisance and RESOLUTION 2014-036 providing for abatement. b. Set June 2, 2014 as a public hearing to hear protests on this annual program Matt Morley, Parks and Public Works Director, presented the staff report. Opened and closed the Public Hearing at 7:32 p.m. Council discussed the matter. MOTION: MotionCouncil Member Joe Pirzynski by to adopt a resolution declaring hazardous vegetation (brush) a public nuisance and providing for abatement; set June 2, 2014, as a public hearing to SecondedCouncil hear protests on this annual program. by Member Barbara Spector. VOTE: Motionpassed unanimously 3 Town Council/Parking Authority May 5, 2014 Public Hearings – continued 6. Conditional Use Permit Application U-14-002. Project Location: 81 W. Main Street. Property Owner: Vermont Building, LLC/Sue Farwell. Applicant: Anna Pizzo. Consider a request to modify a Conditional Use Permit to increase seating and provide full alcoholic beverage service for a restaurant (Zona Rosa) on property RESOLUTION 2014-037 zoned C-2:LHP. APN: 529-01-025 Jennifer Savage, Associate Planner, presented the staff report. Anna Pizzo, applicant, spoke on the project. Opened the Public Hearing at 7:46 p.m. Heidi Rehbock - Spoke in favor of the project. Jason Farwell - Spoke in favor of the project. Anna Pizzo, applicant, addressed comments. Closed the Public Hearing at 7:51 p.m. Council discussed the matter. MOTION: MotionCouncil Member Joe Pirzynski by to make the required findings (Attachment 1) and approve a Conditional Use Permit U- 14-002 with modifications as recommended by the Planning Commission and striking nachos from the list of food not SecondedVice Mayor Marcia Jensen. considered a meal. by VOTE: Motion passed unanimously . MOTION: MotionCouncil Member Joe Pirzynski by to adopt a resolution of approval with recommended conditions for a Conditional Use Permit (CUP) to modify a Conditional Use Permit to increase seating and provide full alcoholic beverage service for a restaurant SecondedVice Mayor Marcia (Zona Rosa) (Attachment 2). by Jensen. VOTE: Motion passed unanimously. 4 Town Council/Parking Authority May 5, 2014 Public Hearings – continued 7. Regulation of the Use and Operation of Leaf Blowers Introduction and First Reading of an ordinance of the Town of Los Gatos amending Section 16.20.060 of the Town of Los Gatos Municipal Code to regulate the use and operation of leaf blowers and add in Section 16.20.070 ORDINANCE 2231 related to enforcement Christina Gilmore, Assistant to the Town Manager, presented the staff report. Opened the Public Hearing at 8:06 p.m. Craig Steen - Spoke in favor of the ordinance. Lee Fagot - Spoke in favor of the ordinance. Mary Keith Osborn - Spoke in favor of the ordinance. Michael Alexander - Spoke in favor of the ordinance. Martin Stuczynski - Spoke in favor of the ordinance. Colin Corbett - Expressed concerns about the ordinance. Pete Siemens - Spoke in favor of the ordinance and suggested adding words to address the distance from the equipment to read the decibel level. Lee Quintana - Spoke in favor of the ordinance. Dixie Fisher - Spoke in favor of the ordinance. Morgan Slain - Spoke in favor of the ordinance. Closed the Public Hearing at 8:36 p.m. 5 Town Council/Parking Authority May 5, 2014 Council discussed the matter. The Clerk read the title of the ordinance. MOTION: MotionVice Mayor Marcia Jensen by to waive the reading of the ordinance and direct the Clerk to publish a summary of the ordinance; add Sec. 16.20.060(b) “measured 50 feet from the source” after “65 decibels” and strike the language following “five hundred dollars” as written in the Desk Item in Sec. 16.20.070(c). SecondedCouncil Member Barbara Spector. by VOTE: Motion passed 4/1. Council Member Diane McNutt voting no. OTHER BUSINESS There was no other business. ADJOURNMENT The meeting adjourned at 8:53 p.m. Attest: _____________________________________ /s/ Shelley Neis, Clerk Administrator 6 Town Council/Parking Authority May 5, 2014