12172012 Town Council Meeting 01/22/13 Item #1a 1 MINUTES OF THE TOWN COUNCIL/SUCCESSOR AGENCY MEETING DECEMBER 17, 2012 The Town Council of the Town of Los Gatos conducted a Study Session and Regular Meeting in the Town Council Chambers on Monday, December 17, 2012 at 5:30 P.M. STUDY SESSION CALLED TO ORDER - 5:30 P.M. Alcoholic Beverage Policy and Entertainment Program Study Session . - Discuss and provide input regarding the modifications to the Town’s Alcoh olic Beverage Policy and the Draft Entertainment Permit Program . - Staff report made by Wendy Rooney, Strategic Project Director and Marni Moseley, Associate Planner. Council Comments - Questioned if the proposed three tier permit process would go to Planning Commission with the ability to have public input at that time. - Questioned how staff identified a Broadway neighborhood. - Questioned if all neighbors on Broadway and surrounding neig hborhoods that are close to establishments will receive notification . - Questioned if staff has done more work to define entertainment . - Questioned what businesses would be considered retroactive for the policy . - Requested clarification about the term commun ity benefit. - Questioned if the City of Campbell was included in the survey. - Questioned if an individual that owns an establishment that serves alcohol into late hours, but only has a piano playing , would require a T ype I permit. Staff Comments: - Commented t hat the process would include a Planning Commission hearing . - Commented that the neighbors of Broadway contacted staff. - Commented that staff has been collecting information from other jurisdictions about how they define entertainment. - Clarifie d the process for the two sepa rate community benefit options. - Commented that establishments that have received an approval within 2 years would need to comply with the new policy . - Commented that the City of Campbell was part of the original survey.
Page 2 V er bal Communications Mr. DeRollo - C ommented that the Los Gatos Bar and Grill did not receive any meeting notices and would like to be involved. - Expressed concerns about fairness between estab lishments that are retroactive and do not have to apply. - Expressed concerns about the security issues. - Expressed concerns about implementing ways to discourage parking in the neighborhoods. - Requested information about the fee for Police calls and how that would be implemented. Mr. Kwasney - Would like to have a better definition of entertainment and questioned if the application would include a fast track process for types of entertainment that are not loud . Mr. Verga - Commented that he was glad to hear that some of the concerns from Broadwa y residents have been addressed. Mr. K arloff - Expressed concerns about the enforcement of the policy. Mr. Sears - Commented that having strict policies may deny the Town a unique opportunity for artist s to express themselves. Closed the Public Hearing Council Comments - Commented that these policies would enrich the Town's shopping and dining experience. - Would like to see hypothetical issues come back to Council - Suggested that it would be helpful to have an updated list of establishments that currently have CUPs . - Suggested extensive outreach which would include a mailing to residents and establishment within a 300 foot radius of est ablishments that serve alcohol. - Would like additional input from Police Department relating to hours of operation for busin esses. - Commented that the three tiered approach would cover 99% of the establishments applying for applications . - Clarified that the Los Gatos Bar and Grill did receive notification of the meeting.
Page 3 Study Session/Council Comments – Continued - Expressed c oncerns about the lack of a public process and that the Police Department would be the only review. - Suggested forming a panel for this process. - Expressed concerns about a private security firm enforcing parking. - Expressed concerns about the Police Department p residing over the security f i rms. - Clarified that the public process does surround the applicati on process and agrees that the Police D epartment should be key . - Would like to see the definition of “entertainm ent ” defined. - Suggested mission statement defining what the Town is trying to encourage and the Town's objective. - Commented on recommending staff suggestions. - Commented on general concurrence for the three tier process - Would like to see options for det ermining hours of operation when approving an application including why it should vary with the different types of entertainment. Study Session Adjourned at 6:40 p.m. BUSINESS 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 Olivia Lo from Van Meter Elementary School l ed the Pledge of All egiance. The audience was invited to participate. PRESENTATIONS Commendations Parthenia Hicks, Poet Laureate 2010 -2012 - Mayor Barbara Spector presented a commendation to Ms. Hicks for her dedicated service as Los Gatos Poet Laureate . - Ms. Hicks thanked the Town Council, Town staff, and the community for t heir support and recited an original poem, “Winter in Los Gatos.”
Page 4 Presentations – Continued Jade Bradbury, Curator, Art in the Council Chambers - Mayor Barbara Spector presented Ms. Bradbury with a commendation for her many years as the Curator for the Art in the Chambers program. - Ms. Bradbury thanked the Town Council, Town staff, the community and the artists she worked with for the opportunity. CLOSED SESSION REPORT There was no closed session report for this meeting. TOWN COUNCIL COUNCIL/TOWN MANAGER REPORTS Council Matters Council Member Leonardis - Commented on attending the Art in the Chamber Reception and the Terraces Christmas party. Mayor Spector - Commented on attending the Art in the Chamber Reception. Manager Matters - C ommented that there would be a public f orum to discuss the A ffordable H ousing O verlay Z ones in the Council Chambers on December 18, 20 12 - Commented that Town Hall will be closed during the holidays for an unpaid furlough from December 2 4, 2012 through January 1, 2013, but Police services would not be affected. - Commented that the Library will have a modified holiday schedule. Did You Know...? Thomas Lettiere, Parks and Public Works Staff - Commented on storm preparation for the community. CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION) 1. Approve Council minutes of: a. December 3, 2012 b. De cember 10, 2012 Special Meeting 2. Adopt Council Committee Appo intments effective January 2013.
Page 5 Consent Items – Continued 3. Reaffirmation of the Los Gatos Town Council Code of Conduct Policy . 4. Appoint Erica Goss to the position of Poet Laureate for the Town of Los Gatos for the term beginning Janu ary 1, 2013 to December 31, 2012. 5. Appr ove First Quarter Budget Review. 6. Senate Bill 1186 State Mandated $1.00 surcharge on business licenses. 7. Authorize the Town Manager to execute a First Amendment to the Agreement to continue to provide an Interim Executive Director for the Los Gatos -S aratoga Department of Com munity Education and Recreation. 8. Annexation Application AN -12 -003. Project Location: Shannon Road, between Englewood Avenue and Bonnie Lane. Applicant: Town of Los Gatos. Adopt resolution making determinations and approving the reorganization of territory designated as Shannon Road No. 24, approximately 1.49 acres of right -of -way . (RESOLUTION 2012 -068 ) 9. Tract No.10012 - The Preserve at R oss Creek (15881 Linda Avenue). Adopt resolution to dedicate easement for flood protection and storm water purposes to the Santa Clara Valley Water District over portion of Ross Creek described as Lot B of Tract No. 10012 . The Preserve at Ross Creek (15881 Linda Avenue), and authorizing the Town Manager to execute Grant Deed . (RESOLUT ION 2012 -069 ) 10. PPW Job No. 12 -19 - Fiscal Year 2012/13 - Curb, Gutter, and Sidewalk Replacement Project . Approve plans and specifications for the curb, gutter and sidewalk replacement project and authorize staff to advertise the project for bid . 11. Bella Vista Avenue Permanent Installation of Traffic Calming Devices Accept report on the permanent installation of traffic calming devices for the B ella Vista Avenue neighborhood. MOTION: Motion by Council Member Joe Pirzynski to approve Consent Items 1 -11. S econded by Vice Mayor Steven Leonardis. VOTE: Motion passed unanimously. Council Member Marcia Jensen recused herself from Consent Item #11 due to the proximity of her residence. Mayor Barbara Spector recognized Erica Goss as the 2013 Poet Laureate .
Page 6 VERBAL COMMUNICATIONS Mayor Barbara Spector - Commented that the Town Council would agendize a discussion about future regulations relating to firearms sales in Los Gatos Mr. Osborn - Commented on supporting the opening of Templer Sports in Los Gatos . Ms. Watson - Expressed concerns about Templer Sports operating a gun shop in Los Gatos . Ms. Jaen - Expressed concerns about Templer Sports operating a gun shop in Los Gatos. Ms. Dicicco - Expressed concerns about having a gun shop operating near the schools in Los Gatos. Ms. Weinstein - Commented against the opening of Templer Sports in Los Gatos and w ould like to see Templer Sport limit its advertising exposure and signage in Town. Ms. Lokteff - Commented against the opening of Templer Sport s in Los Gatos. - Suggested that a Conditional Use Permit be required for this type of business. Ms. Farwell - Commented on supporting the opening of Templer Sports in Los Gatos. Mr. Weitzmenn - Commented on supporting the opening of Templer Sports in Los Ga tos. Mr. Hamilton - Commented on supporting the Mayor ’s decision to have a public process in February 2013. Ms. Quintana - Requested a reconsideration of the Conditional Use Permit for the Los Gatos Theat er . - Expressed concerns about CEQA and parking requirements.
Page 7 Verbal Communications – Continued Mr. Arzie - Expressed concerns about retail operations locating within the commercial zones along University Avenue. - Expressed concerns about parking issues related to the approval of the Los Gatos Thea ter project . Mr. Fusitsubo - Commented on supporting the opening of Templer Sports in Los Gatos . Ms. Nie dermeyer - Commented on supporting the opening of Templer Sports in Los Gatos. Mr. Doud -Martin - Commented on supporting the opening of Templer Sports in Los Gatos. Mr. O'Day - Commented on supporting the opening of Templer Sports in Los Gatos. Mr. Dorsa - Commented on supporting the opening of Templer Sports in Los Gatos. Ms. Pamicalli - Commented against the opening of Templer Sports in Los Gatos. Ms. Huertas - Commented against the opening of Templer Sports in Los Gatos. - Requested that Council restrict the sale of firearms that are not for hunting. Ms. Enneking - Commented against the opening of Templer Sports in Los Gatos. Closed Verbal Communicat ions Council Questions - Questioned what the parking requirements are with in the parking district for a new or expanded establishment. Mr. Larson - Commented that the parking requirements issue could be discussed at a future public meeting .
Page 8 OTHER BUSINESS 12. PPW Job No. 10 -17 - Almond Grove Street Rehabilitation Project Update . Accept the staff report on the rehabilitation of streets in the Almond Grove Area . Todd Capurso , Director of Parks and Public Works and Community Development , prese nted the staff report. Vice Mayor Steven Leonardis recused himself from Item #12 due to the location of property he owns in the area. Mr. Larson - Commented that Council previously approved $4 million Phase I with former Redevelopment Agency funds, which are no longer available , and that staff would present alternative funding sources at the January 22, 2013 Town Council meeting. - Commented that the cost of the project has dropped significantly due to decisions made by Parks and Public Works staff, but that a phased approach will still be necessary. - Commented that public outreach will be necessary because of the construction impacts on Almond Grove residents. Mr. Capurso - Clarified cost estimates. - Commented that there are two ordinances regarding the historic pr eservation of streets, one for Almond Grove District and another for the Broadway District. Open/Close Public Comments Council Comments - Expressed concerns about exploring asphalt over concrete. - Suggested a n extensive community outreach effort prior to the beginning of the project. - Suggested a timeline that would include real time information and numbers which can be provided to the community during the communit y outreach process. - Commented that the Town would most likely need to phase the project , due to funding . - Expressed concerns about funding for the project and questioned how the phased approach would affect the neighborhoods and businesses .
Page 9 ADJOURNMENT Submitted by: ___________________________ /s/Jackie Rose, Volunteer Outreach Coordinator Attest: ___________________________ /s/Mazarin Vakharia, Clerk Administrator