MinutesDRAFT Town Council Meeting 08/05/14
Item # i
MINUTES OF THE TOWN COUNCIL /PARKING AUTHORITY MEETING
JUNE 16, 2014
The Town Council of the Town of Los Gatos conducted a Regular Meeting on Monday,
June 16, 2014, at 7:00 P.M.
CLOSED SESSION — 5:45 P.M.
CS -1 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
Employee Organization: Police Officers Association (POA)
CS -2 CONFERENCE WITH REAL PROPERTY NEGOTIATOR
(Government Code Section 54956.8)
Property: 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
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
Mayor Leonardis announced tonight's meeting will be adjourned in memory of John
Schmuck, former Los Gatos Town Librarian, who died after a long illness on Friday,
June 13. In September 1953, John Schmuck was appointed to the position of Town
Librarian, which he held until he retired in 1987 after 34 years of service
PLEDGE OF ALLEGIANCE
Harry Wang and Linda Wang led the Pledge of Allegiance. The audience was invited to
participate.
PRESENTATIONS
Mayor Leonardis presented proclamations to the members of the Los Gatos High
School Symphonic Band, Orchestra and Choir.
Mayor Leonardis presented the Small Business, Big Applause commendation to Travel
Advisors of Los Gatos.
Ed Stahl accepted the award and expressed his appreciation.
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 Joe Pirzynski stated he attended the Valley Transportation
Authority Board of Directors, Metropolitan Transportation Commission, and Cities
Association Board of Directors meetings.
- Council Member Barbara Spector stated she and Vice Mayor Jensen attended the
Housing Element Advisory Board, the Police Ad Hoc Committee, and she and
Council Member Diane McNutt attended the Council Policy Committee meetings.
Manager Matters
- Announced the Library will be closed Wednesday, June 20 for in service training
and July 4 for the holiday.
- Announced beginning this Sunday, June 25 the Library hours will change on
Sundays from 12 -5 to 10 -3 to accommodate the Music in the Park event
- Announced the Highway 9 & University Ave improvements have begun.
- Announced the retirement of Police Chief Scott Seaman on August 1 with a
community wide celebration on July 31.
New Town Web Site
Pamela Jacobs, Assistant Town Manager, presented a preview of the newly redesigned
website.
Town Manager, Greg Larson, announced the retirement of Pamela Jacobs on Friday,
June 20 and thanked her for her 12 years of service to the Town.
Ms. Jacobs shared a few words and thanked the community, staff, and Council.
Mayor Leonardis presented flowers to Ms. Jacobs in appreciation of her service.
CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION)
1. Approve Council Minutes of June 2, 2014
2. Adopt Ordinance amending the Code of the Town of Los Gatos Section 2.20.010
regarding Council meetings time and date to change regular meeting dates from
Mondays to Tuesdays effective August 2014
3. Approve Town Council Meeting Schedule for 2014/2015 Fiscal Year
4. Adopt revisions to Town Council Policy regarding Commission Appointments
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Town Council /Parking Authority June 16, 2014
Consent Items — continued
5. Annual renewal of agreement for services with the Los Gatos Chamber of
Commerce to manage the Town's information Center and coordinate the
Leadership Los Gatos Program
6. Public Employees Retirement System Side Fund Payoff
a. Authorize retirement of California Public Employees Retirement System
(CALPERS) Side Fund in the amount of $4,534,538
b. Authorize budget adjustment in the mount of $4,534,538 to the General
Fund Non - Departmental Program (1201) utilizing General Fund Reserve
for budget stabilization ($2.OM), expected FY 13/14 General Fund
Revenues above expenditures ($1.1 M), with short term use of interfund
loan from Town's Compensated Absences Fund to be repaid with excess
revenues from final FY 13/14 Financial Close, and partial utilization of the
$2.8M PERS surplus General Fund deposit account (recommended
amount $1.4M)
7. PPW Project No. 13 -29 — Guardrail Replacement Project 411 - 812 -0120
a. Authorize the Town Manager to execute a construction contract with
Midstate Barrier, Inc. in an amount not to exceed $120,455
b. Authorize staff to execute future change orders to the construction
contract as necessary in an amount not to exceed $12,046
8. PPW Proiect No. A14 -03 Landscape Maintenance Project
Authorize the Town Manager to execute a Service Agreement with TruGreen
Landcare for the purpose of landscape maintenance in an amount not to exceed
$73,364
MOTION: Motion by Vice Mayor Marcia Jensen to approve Consent Items
#1 -8, including the correction to Item #1 and inducing the language
in the Desk Item for Item #5. Seconded by Council Member Joe
Pirzynski.
VOTE: Motion passed unanimously.
VERBAL COMMUNICATIONS
Ronee Nassi, Retiring Executive Director of the Chamber of Commerce
- Announced the 2014 Business of the Year is Pet People of Los Gatos and the 2014
Business Person of the Year is Diane McNutt.
- Announced she will be retiring at the end of June and introduced Zack Marks, the
new Executive Director.
Zack Marks, New Executive Director of the Chamber of Commerce
- Stated he looks forward to running the Chamber and working with the Town and
community.
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Town Council /Parking Authority June 16, 2014
PUBLIC HEARINGS
9. Landscaping and Lighting Assessment Districts No. 1 & 2
a. Adopt resolution confirming the diagram and assessments, and levying
and authorizing collection of assessments for Landscape and Lighting
Assessment District No. 1 - Blackwell Drive Benefit Zone
b. Adopt resolution confirming the diagram and assessments, and levying
and authorizing collection of assessments for Landscape and Lighting
Assessment District No. 1 - Kennedy Meadows Benefit Zone
c. Adopt resolution confirming the diagram and assessments, and levying
and authorizing collection of assessments for Landscape and Lighting
Assessment District No. 1 - Santa Rosa Heights Benefit Zone
d. Adopt resolution confirming the diagram and assessments, and levying
and authorizing collection of assessments for Landscape and Lighting
Assessment District No. 1 - Vasona Heights Benefit Zone
e. Adopt resolution confirming the diagram and assessments, and levying
and authorizing collection of assessments for Landscape and Lighting
Assessment District No. 1 - Hillbrook Drive Benefit Zone
f. Adopt resolution confirming the diagram and assessments, and levying
and authorizing collection of assessments for Landscape and Lighting
Assessment District No. 2 - Gemini Court Benefit Zone
Matt Morley, Parks and Public Works Director, presented the staff report.
Opened and Closed the Public Hearing at 7:38 p.m.
Council discussed the matter.
MOTION: Motion by Vice Mayor Marcia Jensen to adopt all of the
resolutions listed in the staff report on page 2, items #3 -8.
Seconded by Council Member Joe Pirzynski.
VOTE: Motion passed unanimously.
10. Conditional Use Permit Application U -13 -018. Propertv Location: 55 Los Gatos-
Saratoga Road. Property Owner /Applicant: 55 Partners, LLC.
Consider a request for a Conditional Use Permit to operate a quality restaurant
with a separate bar and full alcohol service on property zoned CH: PD. APN 529-
23 -007
Joel Paulson, Planning Manager, presented the staff report.
Opened the Public Hearing at 7:46 p.m.
Jon Shank, and Andrews Welch, applicants
- Spoke on the project.
Town Council /Parking Authority June 16, 2014
Public Hearing Item #10 — continued
Wes Emison
- Spoke in favor of the project.
Pat Lynch
- Spoke in favor of the project and expressed concerns about the parking.
Robert Jones
- Spoke in favor of the project.
Jon Shank and Andrew Welch, applicants
- Addressed comments.
Closed the Public Hearing at 8:19 p.m.
Council discussed the matter.
MOTION: Motion by Council Member Diane McNutt to make the required
findings in Attachment 6 and approve the conditional use permit as
recommended by the Planning Commission with the following
modifications: Condition #7 change to a maximum up to 22 seats
are allowed on the patio; Condition #8 hours of operation, keep as
is; eliminate Condition #9; Condition #11 change last line to
"alcohol service shall cease after 10 pm on the patio and 30 min
before closing in the dining room "; eliminate Condition #17.
Seconded by Council Member Barbara Spector.
VOTE: Motion passed unanimously.
MOTION: Motion by Council Member Diane McNutt to adopt the resolution to
approve the conditional use permit for a quality restaurant with a
separate bar and full alcohol service as outlined in Attachment 8.
Seconded by Barbara Spector.
VOTE: Motion passed unanimously
11.Zonino Code Amendment A -14 -001. Zero Emission Battery Electric Vehicles.
Applicant: Town of Los Gatos.
Introduce Ordinance adopting amendments to Chapter 29 (Zoning Regulations)
of the Town Code regarding the sales, service, and repair of zero emission
battery electric vehicles in the C -2 and CH Zones, and the definition of service
stations
Town Council /Parking Authority June 16, 2014
Jennifer Savage, Associate Planner, presented the staff report.
Opened and closed the Public Hearing at 8:44 p.m.
Council discussed the matter.
MOTION: Motion by Council Member Joe Pirzynski to make the required
finding that there is no possibility that this project will have a
significant impact on the environment; therefore, the project is not
subject to the California Environmental Quality Act (Section
15061(b)(3)) (Attachment 2). Seconded by Council Member
Diane McNutt.
VOTE: Motion passed 4/1. Vice Mayor Marcia Jensen voting no.
MOTION: Motion by Council Member Joe Pirzynski to make the required
finding that the proposed Ordinance amendments are consistent
with the Redevelopment Plan for the Central Los Gatos
Redevelopment Project Area (Section IV.B) (Attachment 2).
Seconded by Council Member Diane McNutt.
VOTE: Motion passed 4/1. Vice Mayor Marcia Jensen voting no.
MOTION: Motion by Council Member Joe Pirzynski to make the required
finding that the proposed Ordinance amendments are consistent
with the General Plan and its Elements (Attachment 2). Seconded
by Council Member Diane McNutt.
VOTE: Motion passed 4/1. Vice Mayor Marcia Jensen voting no.
MOTION: Motion by Council Member Joe Pirzynski to accept the
recommendation of the Planning Commission and move to adopt
Zoning Code Amendment A -14 -001. Seconded by Council
Member Diane McNutt.
VOTE: Motion passed 3/2. Vice Mayor Marcia Jensen and Council
Member Barbara Spector voting no.
Public Hearing Item #11 — continued
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Town Council /Parking Authority June 16, 2014
MOTION: Motion by Council Member Joe Pirzynski to waive the reading of
the Ordinance and introduce the Ordinance of the Town of Los
Gatos effecting the Zoning Code amendments of the Town Code
(Attachment 3). Seconded by Mayor Steven Leonardis.
VOTE: Motion passed 3/2. Vice Mayor Marcia Jensen and Council
Member Barbara Spector voting no.
Shelley Neis, Clerk Administrator, read the title of the ordinance.
OTHER BUSINESS
12. Rescind Resolution 2002 -25 and adopt a new resolution governing the design
review process and clarifying the roles and responsibilities of the architectural
consultant (item continued from 612114)
Greg Larson, Town Manager, presented the staff report.
Opened Public Comment at 9:00 p.m.
Lee Quintana
- Spoke in favor of Attachment 5
Closed Public Comment at 9:02 p.m.
Council discussed the matter.
MOTION: Motion by Vice Mayor Marcia Jensen to adopt the resolution in
Attachment 5. Seconded by Council Member Joe Pirzynski.
VOTE: Motion passed unanimously.
13. Discussion and direction on the increased regulation of on- street vehicular sales
and advertising
Greg Larson, Town Manager, presented the staff report.
Opened and closed Public Comment at 9:05 p.m.
Council discussed the matter.
Other Business #13 — continued
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Town Council /Parking Authority June 16, 2014
MOTION: Motion by Council Member Barbara Spector to refer increased
street parking limitations to the Transportation and Parking
Commission and authorize staff to undertake more aggressive
enforcement of parking, business license and abandoned vehicle
restrictions. Seconded by Vice Mayor Marcia Jensen.
VOTE: Motion passed unanimously.
ADJOURNMENT
Mayor Leonardis adjourned the meeting at 9:06 p.m. in memory of John Schmuck,
former Town Librarian.
Attest:
Shelley Neis, Clerk Administrator
Town Council /Parking Authority June 16, 2014