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M12-16-13 Town Council Meeting 01/21/14 Item #1 MINUTES OF THE TOWN COUNCIL/PARKING AUTHORITY MEETING DECEMBER 16, 2013 The Town Council of the Town of Los Gatos conducted a Special Meeting on Monday, December 16, 2013, to hold a Closed Session at 5:00 p.m., a Study Session at 6:00 p.m., and a Regular Meeting at 7:00 p.m. CLOSED SESSION Closed session began at 5:00 p.m. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION (Government Code Section 54956.9) Significant exposure to litigation pursuant to California Government Code Section 54956.9 subdivisions (a),(d)(2), and (e)(1) CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Government Code Section 54956.8) Properties: 4 New York Avenue, APN: 529-27-024 Negotiating parties:  Town of Los Gatos (Negotiator: Greg Larson, Town Manager)  Los Gatos-Saratoga Union High School District (Negotiators: Bob Mistele and Tom Woodruff) Under negotiation: Price and terms of potential sale or payment of lease STUDY SESSION Study Session called to order at 6:00 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 Christina Gilmore, Assistant to the Town Manager, presented the staff report. Opened public comment at 6:24 p.m. Martin Stuczynski - Commented on supporting a ban on leaf blowers. Closed public comment at 6:26 p.m. Council direction to staff with an ordinance amendment that includes the following Return to Council :  - Ban the use of gas powered leaf blowers in any zone - Limit hours in residential and commercial zones - Prohibit use of any leaf blowers on Sundays and holidays - Prohibit leaf blowers over 65 decibels Study Session – continued Once the ordinance is adopted, implement a six-month soft enforcement effort  including warning notices or letters, prior to issuing fines In collaboration with other jurisdictions, pursue a leaf blower exchange program with  Bay Area Air Quality Management District (BAAQMD) that will not incur any expenses for the Town. Develop a plan for banning electric leaf blowers on winter and summer “Spare the  Air” days. Develop a communication program to inform the public before and after the  ordinance is adopted. STUDY SESSION ADJOURNED Study session adjourned at 6:50 p.m. BUSINESS MEETING CALLED TO ORDER 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 Bob and Pat Jones led the Pledge of Allegiance. The audience was invited to participate. APPOINTMENTS TO BOARDS, COMMISSIONS, AND COMMITTIEES  Arts and Culture Commission Brian Bernasconi was appointed. o Dennise Carter was re-appointed. o Dawn Rose was appointed. o  Community and Senior Services Commission Evelyn Mitsunaga was appointed. o Janeen Pratt was re-appointed. o Lily Sarafan was re-appointed. o  Library Board Thomas Atkinson was re-appointed. o 2 Town Council/Parking Authority December 16, 2013 Appointments to Boards, Commissions, and Committees – continued  Parks Commission Eric Fox was appointed. o Sandy Gordon was re-appointed. o Rob Rennie was re-appointed. o  Personnel Board Lisa Aguiar was appointed. o Rick Tinsley was appointed. o  Planning Commission Mary Badame was appointed. o Kendra Burch was re-appointed. o  Transportation and Parking Commission Natalie Ladd was appointed. o Morgan Slain was appointed. o Council Discussion Council directed the Clerk Administrator to conduct recruitments for all vacant positions. Mayor Leonardis congratulated all who were appointed and thanked the other candidates for applying and invited them to apply again in the future. PRESENTATION Victim Services Unit Award by the International Association of Chiefs of Police - Mayor Steven Leonardis presented the first place in the small cities category award for excellence in victim services to the team: Kathy Williams, VSU lead, Fariba Soroosh and Mary Badame, VSU Team members, Captain Mike D’Antonio, Sergeant Clint Tada, Captain Matt Frisby, Chief Scott Seaman. 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 attended the Community Development Advisory Committee meeting. Council Member Joe Pirzynski attended the Metropolitan Transportation Authority meeting and chaired the Valley Transportation Authority Board of Directors meeting. 3 Town Council/Parking Authority December 16, 2013 Council Matters – continued Mayor Steven Leonardis attended the West Valley Solid Waste Management Authority and West Valley Sanitation District meetings. Manager Matters - The final Downtown Holiday Stroll is Thursday, December 19. - The Civic Center will be closed December 23 through January 1. Police dispatch, patrol and Parks and Public Works will provide standard evening and weekend coverage. The Library will be open both weekends of the closure (December 21 & 22 and December 28 & 29). - New digital parking enforcement program will be implemented beginning January 6, 2014. CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION) 1. Approve Council minutes of: a. December 2, 2013 b. December 9, 2013 Special Meeting 2. Adopt Council Committee Appointments effective January 2014 3. Reaffirmation of the Los Gatos Town Council Code of Conduct Policy 4. Accept report on Affordable Housing Overlay Zone (AHOZ) Design Guidelines 5. Fiscal Year 2013/14 First Quarter Budget Performance and Status Report for the period July 1, 2013 - September 30, 2013 Accept 2013/14 First Quarter Budget performance Status Report 6. Public Hearing to introduce an ordinance repealing Chapter 6, Building Regulations, and Chapter 9, Fire Prevention and Protection, of the Town of Los Gatos Municipal Code and adopting and amending new 2013 California Building and Fire Codes 7. PPW Job No. 13-31 Almond Grove Street Rehabilitation Project 811-0003 a. Authorize the Town Manager to execute a Consultant Design Services Agreement with Nichols Consulting Engineers for the Almond Grove Street Rehabilitation Project in an amount not to exceed $298,500 b. Authorize staff to execute future change orders to the Consultant Design Services Agreement as necessary in an amount not to exceed $30,000 4 Town Council/Parking Authority December 16, 2013 Consent Items – continued Greg Larson, Town Manager, advised Item #4 will be dropped from the agenda with Council action and will be brought back at a later date. Shelley Neis, Interim Clerk Administrator, read the title of the ordinance for Item #6. Mayor Steven Leonardis stated he would recuse himself from Item #7. MOTION: MotionVice Mayor Marcia Jensen by to approve the consent items minus Item #4, with corrections in the Desk Item for Item #1a. Seconded Council Member Joe Pirzynski. by VOTE:Motion passed unanimously for Items 1-3 and 5-6. Motion passed 4/0 on Item #7. Mayor Steven Leonardis recused. VERBAL COMMUNICATIONS John Shepardson - Thanked Council Members Pirzynski and McNutt for meeting with him, thanked Manager Larson for the response to his letter on homelessness, and spoke on the Albright lawsuit. OTHER BUSINESS 8. Authorize Town Manager to execute an agreement with Santa Clara Stadium Authority and City of Santa Clara that sets forth terms and conditions under which Town Police Officers may be authorized to work as Reserve Officers for the City of Santa Clara at the new Levi Stadium Scott Seaman, Chief of Police, presented the staff report. Opened and closed the Public Hearing at 7:36 p.m. Council discussed the matter. MOTION: MotionCouncil Member Joe Pirzynski by to authorize the Town Manger to execute an agreement with Santa Clara Stadium Authority and City of Santa Clara that set forth terms and conditions under which Town Police Officers may be authorized to work as Reserve Officers for the City of Santa Clara at the new Levi Stadium. Seconded Council Member Diane McNutt. by 5 Town Council/Parking Authority December 16, 2013 Other Business Item #8 – continued VOTE:Motion passed 4/1. Vice Mayor Marcia Jensen voted no. Mayor Leonardis presented a parting gift to retiring Town Attorney Judith Propp. PUBLIC HEARINGS 9. Architecture and Site Application S-13-050, Conditional Use Permit Application U- 13-020. Project Location: 16268 Los Gatos Boulevard. Property Owner: Fox Creek Fund, LLC. Applicant: Gary Kohlsaat. Appellant: Marshall Smith. Consider an appeal of a Planning Commission decision approving the demolition of an existing commercial building and construction of a new commercial building on property zoned C-1. APN 532-06-060 Suzanne Avila, Senior Planner, presented the staff report. Opened the Public Hearing at 8:03 p.m. Marshall Smith, appellant, spoke on the project. Joe Piazza - Commented in support of the project. Gary Kohlsaat, applicant, spoke on the project. Helen Pastorino - Commented on the professionalism of the project. Robert Burba - Commented in support of the project. Marshall Smith, appellant - Spoke in response to comments made. Gary Kohlsat, applicant - Spoke in response to comments made. Closed the Public Hearing at 8:39 p.m. Council discussed the matter. 6 Town Council/Parking Authority December 16, 2013 Public Hearing Item #9 – continued MOTION: MotionVice Mayor Marcia Jensen by to grant the appeal and remand to Planning Commission with specific direction to consider reducing the square footage, and/or consider a set-back building so Council Member Barbara the visual continuity is maintained. Spector requested amendment to the motion: that staff include in the staff report to the Planning Commission the issues raised about commercial guidelines and consider a variance to the rear set back. Seconded Council Member Barbara Spector. by VOTE:Motion passed 4/1. Council Member Diane McNutt voted no. OTHER BUSINESS 10. Discuss Council interest in moving regular Town Council meeting days from Mondays to Tuesdays Pamela Jacobs, Assistant Town Manager, presented the staff report. Council discussed the matter. MOTION: MotionMayor Steven Leonardis by to move council meetings to Tuesdays starting January 2015. Seconded Council Member Marcia Jensen. by VOTE:Motion passed unanimously. ADJOURNMENT The meeting adjourned at 9:06 p.m. Attest: _____________________________________ /s/ Shelley Neis, Interim Clerk Administrator 7 Town Council/Parking Authority December 16, 2013