1aDRAFT Town Council Meeting 12/16/13
Item # 10,
MINUTES OF THE TOWN COUNCIL /PARKING AUTHORITY MEETING
DECEMBER 2, 2013
The Town Council of the Town of Los Gatos conducted a Regular Meeting on Monday,
December 2, 2013 at 7:00 P.M.
CLOSED SESSION - 6:00 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)
- Police Officers' Association (POA)
- Town Employees Association (TEA)
- Confidential Employees
- Management Employees
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Government Code Section 54956.9 [d][1])
Name of Case: Naymark v. City of San Jose, et al.
Santa Clara County Superior Court Case No. 1- 07 -CV- 080008
MEETING CALLED TO ORDER
The meeting was 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, and Council Member Barbara Spector.
Absent: None.
PLEDGE OF ALLEGIANCE
Cara Davidson, Lexington Elementary School, led the Pledge of Allegiance. The
audience was invited to participate.
CLOSED SESSION REPORT
Judith Propp, Town Attorney, stated Council met in Closed Session as duly noted on
the agenda and there is no report.
Consent Item #2 satisfies the reporting requirements for the prior Council closed
sessions relating to the agreement and appointment for the new Town Attorney.
COUNCIL /TOWN MANAGER REPORTS
Council Matters
There were no Council Matters for this meeting.
Manager Matters
- Introduced Shelley Neis as the Interim Clerk Administrator.
Did You Know...?
Ronee Nassi, Chamber of Commerce President
- Presented information on Los Gatos for the Holidays.
CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION)
1. Approve Council minutes of November 18, 2013
2. Employment agreement for new Town Attorney
3. Labor Agreement with AFSCME
4. PPW Project No. 13 -3 Town Park Lighting Project Approve plans and
specifications for construction of the Town Park Lighting Project and authorize
staff to advertise the project for bid
Item #2 pulled by Thomas Findlay.
MOTION: Motion by Council Member Barbara Spector to approve Consent
Items #1, #3 as discussed, and #4 as recommended by Staff.
Seconded by Vice Mayor Marcia Jensen.
VOTE: Motion passed unanimously.
Pulled Consent Item #2
Thomas Findlay
- Commented on the hiring process for the attorney.
Open and Closed the Public Hearing at 7:18 p.m.
Council discussed the matter.
MOTION: Motion by Council Member Diane McNutt to approve Consent
Item #2 as recommended by Staff. Seconded by Council Member
Joe Pirzynski.
VOTE: Motion passed unanimously.
2
Town Council /Parking Authority December 2, 2013
Mayor Leonardis welcomed Robert Schultz as the new Town Attorney.
VERBAL COMMUNICATIONS
John Shepardson
- Commented on the lawsuits regarding the Albright project.
Cecil Anison
- Commented on the signature gatherers for the proposed initiative.
Mary Bagatelos
- Commented on the signature gatherers for the proposed initiative.
Natalie Ladd
- Commented on the signature gatherers for the proposed initiative.
TOWN COUNCIL
PUBLIC HEARINGS
5. Conditional Use Permit Application U -13 -011. Project Location: 32 N. Santa Cruz
Avenue. Property Owner: Flick Family Trust. Applicant: Napa Style. Consider a
request of approval to modify an existing CUP for a formula retail store (Napa
Style) to allow beer and wine tasting, sales, and events on property zoned C-
21HP. APN: 529 -03- 055 RESOLUTION 2013 -050
Marni Moseley, Associate Planner, presented the staff report.
K. Christopher Branch
- Represented the applicant and spoke on the project.
Opened and closed the Public Hearing at 8:01 p.m.
Council discussed the matter.
Mayor Leonardis called a five minute recess at 8:27 p.m. Meeting resumed at 8:32 p.m.
MOTION: Motion by Vice Mayor Marcia Jensen to approve the Conditional
Use Permit (CUP) application U -13 -011 to allow limited room
temperature beer and wine packaged for off -site consumption.
Hours of operation are limited to 9:00 a.m. to 9:00 p.m. daily
inclusive of private events, which may occur between 6:00 p.m. and
9:00 p.m. if the store is closed to the public. A maximum of three
private events, which may include wine or beer tastings, are
3
Town Council /Parking Authority December 2, 2013
permitted per month with a maximum of 24 events annually.
Events shall be limited to a maximum of 25 guests per event. The
private events may include food, wine and /or beer service and
tastings if provided by an ABC licensed caterer or other ABC
licensed provider. One year from approval, the Town Council shall
review the permit for any issues that arise and to ensure
compliance with pending policies and standards. Seconded by
Council Member Barbara Spector.
VOTE: Motion passed unanimously
6. Conditional Use Permit Application U -13 -015. Project Location: 115 N. Santa Cruz
Avenue. Property Owner: Parineh Living Trust Applicant: Palacio Consider a
request of approval to modify an existing CUP for restaurant with a separate bar,
full liquor service, and outdoor seating to increase the permitted outdoor seating
on property zoned C- 21HP. APN: 510 -17 -102. RESOLUTION 2013 -051
Council Member Barbara Spector, recused herself due to a relationship between the
owner and her law firm and left the Council Chambers.
Marni Moseley, Associate Planner, presented the staff report.
Dean Devencenzi, Applicant
- Commented on the project.
Opened and closed the Public Hearing at 8:43 pm
Council discussed the matter.
MOTION: Motion by Council Member Joe Pirzynski to approve Conditional
Use Permit (CUP) U -13 -015 and make the required findings as
presented on Attachment 3 in the staff report, adopt a resolution to
approve the CUP with the modifications recommended by the
Planning Commission. Seconded by Council Member Diane
McNutt.
VOTE: Motion passed 4/1. Council Member Barbara Spector recused.
Council Member Barbara Spector rejoined the meeting at 8:44 p.m.
4
Town Council /Parking Authority December 2, 2013
Public Hearings — continued
7. Tree Removal Permit T -13 -070. Project Location: 36 Peralta Avenue. Property
Owner /Applicant/Appellant: Jack and Marni Balletto Consider an appeal of a
Planning Commission decision denying the appeal of a tree removal permit on
property zoned R -1:8. APN 510 -42 -034 Resolution 2013 -052
Marni Moseley, Associate Planner, presented the staff report.
John Balletto, Appelant
- Commented on the project.
Opened the Public Hearing at 9:07 p.m.
Cynthia Mertens
- Commented on the trimming of the tree.
Mark Wainwright
- Commented on the size, age, and condition of the tree.
Donna Madier
- Commented on the ambiance and natural beauty of the trees in the Town.
Mary Bagatelos
- Commented on the condition of the tree in proximity to the structure.
Julie Winters
- Commented on the beauty of the tree.
Lee Quintana
- Commented on the items in the staff report.
Sandy Decker
- Commented on the age and condition of the tree.
Jeremy Osborne
- Commented on the strength and longevity of unreinforced concrete.
Closed the Public Hearing at 9:44 p.m.
Council discussed the matter.
Town Council /Parking Authority December 2, 2013
Public Hearing Item #7 — continued
MOTION: Motion by Vice Mayor Marcia Jensen to uphold the Planning
Commission's decision denying Tree Removal Permit T13 -070 and
adopt a resolution denying an appeal of a Planning Commission
decision denying the appeal of tree removal permit T13 -070.
Seconded by Vice Mayor Barbara Spector.
VOTE: Motion passed unanimously.
OTHER BUSINESS
There was no Other Business for this meeting.
ADJOURNMENT
The meeting adjourned at 10:10 p.m.
Attest:
Shelley Neis, Interim Clerk Administrator
6
Town Council /Parking Authority December 2, 2013