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M06-02-2014 Town Council Meeting 06/16/14 Item #1 MINUTES OF THE TOWN COUNCIL/PARKING AUTHORITY MEETING JUNE 2, 2014 The Town Council of the Town of Los Gatos conducted a Regular Meeting on Monday, June 2, 2014, at 7:00 P.M. 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 Valerie Hua, Sofia Kuta, and Henry Strickland, Outgoing Student Commissioners, led the Pledge of Allegiance. The audience was invited to participate. PRESENTATIONS Claire Strickland, Youth Commission Chair, presented the 2014 Youth Friendly Business award to Dolce Spazio. Chris Orlando, owner of Dolce Spazio, accepted the award and commented on the employees who always provide good customer service. Mayor Leonardis presented commendations to outgoing Youth Commissioners Valerie Hau, Sofia Kuta, and Henry Strickland. Mayor Leonardis presented commendations to Sahaj Grewal, Woody Koehler, and Joseph Neely Police Department Volunteers – Emergency Operations. Joseph Neely expressed his appreciation to the Town and the Los Gatos-Monte Sereno Police Department. CLOSED SESSION REPORT No report. COUNCIL/TOWN MANAGER REPORTS Council Matters - Council Member Joe Pirzynski stated he attended the Metropolitan Transportation Commission meeting, and the graduation prelim for Leadership Los Gatos. - Mayor Steve Leonardis stated he attended the Memorial Day ceremony at Los Gatos Memorial Park with Vice Mayor Marcia Jensen. - Council Member Barbara Spector stated she attended the Housing Element Advisory Board (HEAB) meeting. Manager Matters - Announced the Library launched the summer reading program last week. - Announced the Library will close at 4 pm on June 6. - Announced Music in the Park begins Sunday, June 15 at 5 p.m. on the Civic Center Lawn. - Announced Sandy Baily's retirement after 31 years with the Town. - Did You Know...? Sandy Baily, Director of Special Projects, presented information on Planning/Community Development History. Mayor Leonardis commended Ms. Baily for her service to the community. CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION ) Approve Council minutes of May 19, 2014 1. Student Commissioner Appointments 2. Adopt a resolution of the Town of Los Gatos requesting that the County of Santa 3. Clara Board of Supervisors consolidate a General Municipal Election to be held November 4, 2014 with the Statewide General Election to be held on that date pursuant to Section 10403 of the Elections Code and authorizing other related RESOLUTION 2014-038 actions Accept Fiscal Year 2013/14 Third Quarterly Investment Report (January through 4. March 2014) Adopt resolution establishing the Fiscal Year 2014/15 GANN Appropriation Limit 5. RESOLUTION 2014-039 for the Town of Los Gatos Rescind Resolution 2002-25 and adopt a new resolution governing the design 6. review process and clarifying the roles and responsibilities of the architectural consultant Adopt resolution establishing the requirements for a quorum at Town Boards, 7. RESOLUTION 2014-041 Commissions and Committee Meetings Adopt resolution making determinations and approving the reorganization of 8. territory designated as El Gato Lane No. 2, containing approximately 0 .186 acres located at 15540 El Gato Lane. (APN: 523-23-021). File # AN14-002 RESOLUTION 2014-042 Adopt a resolution authorizing the Town Manager to execute an agreement with 9. the County of Santa Clara, “Joint Exercise of Powers Agreement and Cooperation Agreement to undertake or to assist in the undertaking of essential activities pursuant to Title I of the Housing and Community Development Act of 1974, as amended, for the period of October 1, 2014 to September 30, 2017” for administration of the Urban County Community Development Block Grant RESOLUTION 2014-043 (CDBG) Program 2 Town Council/Parking Authority June 2, 2014 Consent Items – continued PPW Project No. 13-03 Blossom Hill Park Pathway Improvement Project 831- 10. 3403 a. Authorize the Town Manager to execute a construction contract with S. Miller Paving in an amount not to exceed $257,174 b. Authorize staff to execute future change orders to the construction contract as necessary in an amount not to exceed $30,000 c. Authorize an expenditure budget adjustment reducing the Tree Trimming Project 411-831-4603 and increasing the budget in the Blossom Hill Park Pathway Improvement Project 831-3403 in the amount of $49,671 Vice Mayor Marcia Jensen pulled Item #6. MOTION: MotionCouncil Member Barbara Spector by to approve consent SecondedCouncil Member Joe items, exclusive of Item #6. by Pirzynski. VOTE: Motion passed unanimously. Pulled Consent Item #6 6. Rescind Resolution 2002-25 and adopt a new resolution governing the design review process and clarifying the roles and responsibilities of the architectural RESOLUTION 2014-040 consultant Council discussed the matter. MOTION: MotionCouncil Member Diane McNutt by to continue the item to SecondedCouncil Member Barbara Spector. June 16, 2014. by VOTE: Motion passed unanimously. VERBAL COMMUNICATIONS Frank Alioto, representing St Luke's Episcopal Church - Invited the Council and community to the event on June 8 to mark the reinstallation of the Rejoice Bell. PUBLIC HEARINGS Abatement of Hazardous Vegetation (Brush) 11. Adopt resolution overruling objections and ordering hazardous vegetation RESOLUTION 2014-044 abatement (brush) 3 Town Council/Parking Authority June 2, 2014 Matt Morley, Parks and Public Works Director, presented the staff report. Public Hearing Item #11 – continued Opened and closed the Public Hearing at 7:33 p.m. MOTION: MotionVice Mayor Marcia Jensen by to adopt the resolution to overrule objections and order abatement of hazardous vegetation SecondedCouncil Member Joe Pirzynski. (brush). by VOTE: Motion passed unanimously. Conditional Use Permit Application U-14-004. Project Location: 112 N. Santa 12. Cruz Avenue. Property Owner: Los Gatos Commercial LLC. Applicant: Jos RESOLUTION 2014-045 Peijnenburg, Olivinum. Consider a request to operate a formula retail business (We Olive) with a winebar on property zoned C-2. APN 529-03-040 Marni Moseley, Associate Planner, presented the staff report. Jos Peijnenburg, applicant, spoke on the project. Opened the Public Hearing at 7:49 p.m. Robert Beliveau - Spoke in favor of the project. Brian Bokman - Spoke in favor of the project. Carol Firenze Anglin - Spoke in favor of the project. Josh Mercurio - Spoke in favor of the project. Angela D’Orfani - Spoke in favor of the project. Jos Peijnenburg, applicant, addressed comments. Closed the Public Hearing at 8:02 p.m. Council discussed the matter. 4 Town Council/Parking Authority June 2, 2014 Public Hearing Item #12 – continued MOTION: MotionCouncil Member Joe Pirzynski by to make the required findings on Attachment 1 and approve Conditional Use Permit (CUP) U-14-001 with the modifications as recommended by the SecondedVice Mayor Marcia Jensen. Planning Commission. by VOTE: Motion passed unanimously. MOTION: Motion by Council Member Joe Pirzynski to adopt a resolution of approval with recommended conditions for a Conditional Use Permit to operate a formula retail business (We Olive) with a Seconded. winebar (Attachment 2). by Vice Mayor Marcia Jensen VOTE: Motion passed unanimously. Introduction and first reading of an Ordinance amending the Code of the Town of 13. Los Gatos Section 2.20.010 regarding Council Meetings time and date to change regular meeting dates from Mondays to Tuesdays effective August 2014. ORDINANCE 2232 Robert Schultz, Town Attorney, presented the staff report. Opened and closed the Public Hearing at 8:10 p.m. The Clerk Administrator read the title of the ordinance. MOTION: MotionVice Mayor Marcia Jensen by to approve the introduction and first reading of an ordinance, by title only, amending Los Gatos Town Code Section 2.20.010 changing regular Council meetings Secondedby from Mondays to Tuesdays effective August 2014 . Council Member Joe Pirzynski. VOTE: Motion passed unanimously. OTHER BUSINESS Adopt a resolution approving the Town of Los Gatos Fiscal Year 2014/15 14. Operating Budget and FY 2014/15- FY 2018/19 Capital Improvement Program (CIP), new appropriations, and other approved adjustments and minor RESOLUTION 2014-046 corrections 5 Town Council/Parking Authority June 2, 2014 Greg Larson, Town Manager, presented the staff report. Other Business Items #14 – continued Opened Public Comment at 8:35 p.m. Michael Dine - Spoke in favor of affordable housing. Diane Fisher, Director of Jewish Community Organization, - Spoke in favor of affordable housing. Raaniaa Mohsen, Executive Director of Cities Association of Santa Clara County - Spoke in favor of affordable housing Darci Palmer - Spoke in favor of affordable housing. Closed Public Comment at 8:45 p.m. Council discussed the matter. MOTION: MotionCouncil Member Diane McNutt by to pay off the CalPERS SecondedCouncil Safety Liability Side Letter Funding debt. by Member Joe Pirzynski. VOTE: Motion passed unanimously. MOTION: MotionCouncil Member Diane McNutt by to adopt the budget resolution including the bulleted notations and that Blossom Hill Seconded School be included in the school traffic assessment. by Council Member Joe Pirzynski. VOTE: Motion passed unanimously. Adopt an ordinance of the Town of Los Gatos amending Section 16.20.060 of the 15. Town of Los Gatos Municipal Code to regulate the use and operation of leaf blowers and add in a Section 16.20.070 related to enforcement ORDINANCE 2231 Christina Gilmore, Assistant to the Town Manager, presented the staff report. Opened Public Comment at 8:54 p.m. Michael Stawowy 6 Town Council/Parking Authority June 2, 2014 - Expressed concerns on the limited hours for use of leaf blowers. Other Business Item #15 – continued Closed Public Comment at 8:57 p.m. Council discussed the matter. MOTION: MotionCouncil Member Barbara Spector by to adopt the ordinance that was introduced on May 5, 2014 (Attachment 1) and instruct the Clerk Administrator to publish the ordinance in its SecondedVice Mayor entirety within 30 days after adoption. by Marcia Jensen. VOTE: Motion passed 3/2. Council Members Diane McNutt and Joe Pirzynski voting no. Report from the Council Planned Development Ad Hoc Committee and 16. discussion and direction for proposed Town Code Amendments to the Planned Development Overlay Zone . Sandy Baily, Director of Special Projects, presented the staff report. Opened Public Comment at 9:20 p.m. Doug Rich - Commented on the uses of planned developments. Lee Quintana - Commented on planned developments. Closed Public Comment at 9:26 p.m. Council discussed the matter. MOTION: MotionVice Mayor Marcia Jensen by to forward the report to the Planning Commission for consideration and recommendations and direct the Planning Commission to review the Council’s comments SecondedCouncil at the June 2, 2014, Council meeting. by Member Barbara Spector. VOTE: Motion passed 4/1. Council Member Diane McNutt voting no. 7 Town Council/Parking Authority June 2, 2014 ADJOURNMENT The meeting adjourned at 10:07 p.m. Attest: _____________________________________ /s/ Shelley Neis, Clerk Administrator 8 Town Council/Parking Authority June 2, 2014