MinutesDRAFT Town Council Meeting 8/19/14
Item # I
MINUTES OF THE TOWN COUNCIL /PARKING AUTHORITY MEETING
AUGUST 5, 2014
The Town Council of the Town of Los Gatos conducted a Regular Meeting on Tuesday,
August 5, 2014, at 7:00 P.M.
CLOSED SESSION — 5:15 P.M.
CS -1 PUBLIC EMPLOYEE PERFORMANCE EVALUATION
[Government Code Section 54957(b)(1)1
Title: Town Manager
CS -2 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)
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
Lindsay Theuringer led the Pledge of Allegiance. The audience was invited to
participate.
CLOSED SESSION REPORT
Robert Schultz, Town Attorney, stated Council met in Closed Session as duly noted on
the agenda and there is no report on Item CS -1. Council did not reach Item CS -2 and ii
will be rescheduled to a later date.
COUNCIL /TOWN MANAGER REPORTS
Council Matters
- Council Member Barbara Spector stated she and Council Member Diane McNutt
attended the Police Ad Hoc Committee Meeting.
- Council Member Barbara Spector requested an agenda item for the August 19
meeting for staff to report out on what the community can do during the water
shortage.
Council Matters —continued
Council Member Joe Pirzynski stated he attended the League of California Cities
Board of Directors and the Metropolitan Transportation Commission meetings; he
attended the Alcohol and Entertainment Policy Ad Hoc Committee meeting with
Mayor Leonardis.
Council Member Joe Pirzynski requested an agenda item for a future meeting
discuss traffic mitigation options for cut through traffic from Hwy 17 and 85.
Mayor Steve Leonardis stated he attended the West Valley Sanitation District Board
of Directors meeting and the swearing in of new Police Chief Matt Frisby.
Mayor Leonardis introduced the new Chief of Police, Matt Frisby.
Manager Matters
- Highlighted the new pages on the Town website: Code Compliance, Legal Notices
under the Clerk, and a Pending Planning Projects page under Community
Development.
- Announced that Los Gatos Leadership applications close on August 29 and
applications may be found on the Chamber of Commerce website.
- Announced the Town -wide Garage Sale will be on October 4, and the deadline for
signing up is September 7.
CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION)
1. Approve Council Minutes of June 16, 2014
2. Adopt resolution certifying the June 3, 2014 Gubernatorial Primary Election and
declaring the election results
3. Appoint Council Member Joe Pirzynski as the Town's voting delegate and Town
Attorney Rob Schultz as alternate for the League of California Cities Annual
Conference scheduled for September 3 -5, 2014 in Los Angeles, California
4. Accept report on Town Manager approved actions during Council recess
5. Authorize the Town Manager to execute a Second Amendment to Agreement for
Consultant Services with Project Sentinel for Tenant/Landlord Rental Dispute
Resolution Services in an amount not to exceed $33,089
6. Zoning Code Amendment A -14 -001. Zero Emission Battery Electric Vehicles
Applicant: Town of Los Gatos
Adopt an Ordinance amending Chapter 29 (Zoning Regulations) of the Town
Code regarding the sales, service, and repair of zero emission battery electric
vehicles in the C -2, CH, and LM zones, and the definition of service stations
Town Council /Parking Authority August 5, 2014
Consent Items — continued
MOTION: Motion by Vice Mayor Marcia Jensen to approve the consent
items. Seconded by Council Member Joe Pirzynski.
VOTE: Motion passed unanimously. Council Member Barbara Spector
abstained on Item #6.
VERBAL COMMUNICATIONS
Marshall Smith
- Requested the Town enter into a lease with the Los Gatos Youth Park so they can
continue to maintain the area for the youth of Los Gatos.
Jeff Loughridge
- Requested Council consider removing on- street parking and adding a bike lane on
Los Gatos Blvd.
Phil Knopf
- Commented on the potential sale of Town property where the Venue is located.
Ed Stahl
- Commented on the potential sale of Town property where the Venue is located.
Ken Cannizzaro
- Commented on the potential sale of Town property where the Venue is located.
Lee Fagot
- Commented on the potential sale of Town property where the Venue is located.
Anne Robinson
- Requested Council consider the increase in traffic when considering proposed
development plans within the area of Lark, Winchester and Los Gatos Blvd.
Jak Van Nada
- Commented the public should have the opportunity to comment on the North 40 EIR
questions /answers; requested that Council budget for traffic count accountability
studies after projects are completed; requested Council give the Planning
Commission back some of its authority; would like to see a traffic warning sign put
up at Lark Avenue stating travel times will increase if they cut through town.
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Town Council /Parking Authority August 5, 2014
PUBLIC HEARINGS
7. Hazardous Vegetation (Weed Abatement Program)
a. Conduct public hearing to consider the Assessment Report from the
County Office of the Agricultural Commissioner for the 2014 Weed
Abatement Program
b. Adopt a resolution approving said assessment report
Matt Morley, Director of Parks and Public Works, presented the staff report.
Opened and Closed the Public Hearing at 7:32 p.m.
MOTION: Motion by Vice Mayor Marcia Jensen to adopt the resolution
approving the Assessment Report. Seconded by Council Member
Joe Pirzynski.
VOTE: Motion passed unanimously.
8. Architecture and Site Application S -1.4_ -022. Project Location: 121 -131 Albriaht
Way. Property Owner: LG Business Park LLC. Application: Amv Dee (Netflix
Inc.
Consider a request to construct an elevated pedestrian bridge between two
commercial buildings on property zoned CM:PD. APNs 424 -32 -038, 045, 054,
and 060.
Joel Paulson, Planning Manager, presented the staff report.
John Shenk, Applicant, spoke on the project.
Opened the Public Hearing at 7:47 p.m.
Lee Quintana
- Commented on the location of the bridge, motion sensor lights on the bridge, and
the current lighting level of the main building.
John Shenk and Bob Giannini, applicant, addressed comments.
Closed the Public Hearing at 7:50 p.m.
Council discussed the matter.
Town Council /Parking Authority August 5, 2014
Public Hearing Item #8 — continued
MOTION: Motion by Council Member Joe Pirzynski to accept the Planning
Commission's recommendation and adopt a resolution to approve
Architecture & Site application S -14 -022, subject to conditions
(Attachment 4) and the development plans (Attachment 7) with the
required findings (Attachment 3) that: a) the potential environmental
impacts of the proposed bridge are within the scope of
environmental impacts analyzed in the Albright Office Park EIR and
none of the events listed in Public Resources Code Section 21166
have occurred. Accordingly, no further CEQA process is required
for this Architecture and Site application; b) the project is in
substantial conformance with the Common Design Guidelines of
the Commercial Design Guidelines; c) the Architecture and Site
application is in substantial conformance with Planned
Development Ordinance 2216 and the Albright Specific Plan; d) the
considerations in review of an Architecture and Site application are
all made as required by Section 29.20.150 of the Town Code in
reviewing this project. New Condition: The lighting for the bridge
shall be evaluated following construction of the bridge. Should the
lighting be determined to have an impact to adjacent properties,
staff shall work with the property owner to reduce the lighting
impacts to an acceptable level. Seconded by Council Member
Diane McNutt.
VOTE: Motion passed unanimously.
9. Planned Development Application PD -13 -002, General Plan Amendment GP -13-
001, Environmental Impact Report EIR -13 -003. Project Location: 375 Knowles
Drive. Property Owner: County Of Santa Clara. Applicant: KT Properties
a. Consider Certification of an Environmental Impact Report and adoption of
a Mitigation Monitoring and Reporting Program.
b. Consider a request for a General Plan Amendment from public to office
professional
c. Consider a request for a Planned Development to demolish the existing
building and to construct 33 Single - Family Residences on property zoned
O. APN 406 -28 -032
Joel Paulson, Planning Manager, presented the staff report.
Mark Tersini, applicant, spoke on the project,
Opened the Public Hearing at 8:04 p.m.
Town Council /Parking Authority August 5, 2014
Public Hearing Item #8 — continued
Suzette Austin
- Spoke in favor of the project.
Roger Austin
- Spoke in favor of the project.
John Wytmans
- Spoke in favor of the project.
Jeff Loughridge
- Spoke against the project.
Jo Greiner
- Spoke in favor of the project.
Nayan McNeill
- Spoke in favor of the project.
Michael Sullivan
- Spoke in favor of the project.
Ken King
- Expressed concern with the rezoning of the project.
Steven Gossett
- Spoke in favor of the project.
CJ (Carol) McCarthy
- Spoke in favor of the project.
Anne Robinson
- Spoke against the project
Carolyn Moniz
- Spoke in favor of the project.
Glen Williams, Santa Clara County Asset Development Manager
- Spoke on the County's surplus property process.
Lee Quintana
- Requested Council consider the General Plan and zoning changes for what is the
best use of the property.
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Town Council /Parking Authority August 5, 2014
Public Hearing Item #9 — continued
Maria Ristow
- Spoke against the project.
Andy Wu
- Requested Council consider integrated circumstances when reviewing applications.
Mark Tersini, applicant, addressed comments.
Closed the Public Hearing at 8:54 p.m.
Council discussed the matter.
MOTION: Motion by Council Member Diane McNutt to rescind Resolution
2011 -063 Seconded by Council Member Joe Pirzynski.
VOTE: Motion passed 3/2. Mayor Steven Leonardis and Vice Mayor
Marcia Jensen voting no.
MOTION: Motion by Council Member Joe Pirzynski to adopt a resolution to
certify the Environmental Impact Report (EIR 13 -003) (Attachments
1 and 2) and adopt the Mitigation Monitoring and Reporting
Program (Attachment 3). Seconded by Council Member Diane
McNutt.
VOTE: Motion withdrawn.
MOTION: Motion by Council Member Joe Pirzynski to adopt a resolution to
certify the Environmental Impact Report (EIR 13 -003) (Attachments
1 and 2) and adopt the Mitigation Monitoring and Reporting
Program (Attachment 3), make the required finding that the General
Plan amendment (GP -13 -001) is internally consistent with the
existing goals and policies of the General Plan and its
corresponding Elements (Attachment 12), and amend the General
Plan to change the land use designation from Public to Office
Professional; make the required finding that the zone change is
internally consistent with the General Plan and its elements.
(Attachment 12) and approve the Planned Development application
(PD -13 -002) subject to the performance standards and
development plans included in the Planned Development
Ordinance (Attachment 19), or as otherwise modified by the Town
Council. Seconded by Council Member Diane McNutt.
Town Council /Parking Authority August 5, 2014
Public Hearing Item #9 - continued
VOTE: Motion failed 2/3. Mayor Steven Leonardis, Vice Mayor Marcia
Jensen, and Council Member Barbara Spector voting no.
MOTION: Motion by Council Member Diane McNutt to continue the matter
to the September 16 Council meeting with a request to receive
information from El Camino Hospital and the County of Santa
Clara. Seconded by Mayor Steven Leonardis.
VOTE: Motion passed 4/1. Council Member Barbara Spector voting
no.
Mayor Leonardis called a recess at 9:59 pm
Meeting reconvened at 10:05 pm
OTHER BUSINESS
10. Code Compliance Services
a. Discuss the Town's overall approach to Code Compliance services
b. Provide direction on specific service options
Laurel Prevetti, Assistant Town Manager /Community Development Director, presented
the staff report.
Opened Public Comment at 10:17 p.m.
Lisa Rhorer
- Commented on parking challenges, CUP process, and suggested the Town look at
ways to support new and existing businesses.
Natalie Ladd
- Commented on noise concerns near her residence.
Colin Corbitt
- Requested that the website be updated when new ordinances are passed.
Alex Hult
- Commented that the Town should concentrate on parking and bringing in business
rather than concentrating on code enforcement.
Closed the Public Comment at 10:29 p.m.
Council discussed the matter.
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Town Council /Parking Authority August 5, 2014
Other Business — continued
Direction to staff- In recognition that it has been several years since the Town has
had a full time Code Compliance Officer, the Council directed:
- Focus the new full time Code Compliance Officer and part time Community Service
Officer on getting to know the Town and building relationships with its businesses
and residents and report back to Council in four to six months;
- Acknowledge that Code Compliance is a partnership to help create community;
- Use the new performance standards to respond to complainants quicker;
- Bring back the proposed Policies and Procedures in a shortened, easy to read
document;
- Continue to improve the website;
- Continue to issue warning letters on leaf blower concerns;
- Continue semi - annual code compliance reports to Council with more detail on the
types of complaints; and
- Try the volunteer, remote noise monitoring pilot and do not issue noise monitors to
other field staff.
ADJOURNMENT
The meeting adjourned at 10:54 p.m.
Attest:
Shelley Neis, Clerk Administrator
Town Council /Parking Authority August 5, 2014
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