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M06-16-2014 Town Council Meeting 08/05/14 Item #1 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, and she and Council Member Diane McNutt attended the Police Ad Hoc Committee and 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 ORDINANCE 2232 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 2 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 ($2.0M), expected FY 13/14 General Fund Revenues above expenditures ($1.1M), 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 Project 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: MotionVice Mayor Marcia Jensen by to approve Consent Items #1-8, including the correction to Item #1 and includng the language SecondedCouncil Member Joe in the Desk Item for Item #5. by 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 3 Town Council/Parking Authority June 16, 2014 - Stated he looks forward to running the Chamber and working with the Town and community. 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 RESOLUTION Assessment District No. 1 - Blackwell Drive Benefit Zone 2014-046 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 RESOLUTION 2014-047 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 RESOLUTION 2014-048 d. Adopt resolution confirming the diagram and assessments, and levying and authorizing collection of assessments for Landscape and Lighting RESOLUTION Assessment District No. 1 - Vasona Heights Benefit Zone 2014-049 e. Adopt resolution confirming the diagram and assessments, and levying and authorizing collection of assessments for Landscape and Lighting RESOLUTION Assessment District No. 1 - Hillbrook Drive Benefit Zone 2014-050 f. Adopt resolution confirming the diagram and assessments, and levying and authorizing collection of assessments for Landscape and Lighting RESOLUTION Assessment District No. 2 - Gemini Court Benefit Zone 2014-051 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: MotionVice Mayor Marcia Jensen by to adopt all of the resolutions listed in the staff report on page 2, items #3-8. SecondedCouncil Member Joe Pirzynski. by VOTE: Motion passed unanimously. 4 Town Council/Parking Authority June 16, 2014 Public Hearings – continued 10. Conditional Use Permit Application U-13-018. Property 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 propertyzoned 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. 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: MotionCouncil Member Diane McNutt by 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. SecondedCouncil Member Barbara Spector. by VOTE: Motion passed unanimously. 5 Town Council/Parking Authority June 16, 2014 Public Hearing Item #10 – continued 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. Zoning 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 Jennifer Savage, Associate Planner, presented the staff report. Opened and closed the Public Hearing at 8:44 p.m. Council discussed the matter. MOTION: MotionCouncil Member Joe Pirzynski by 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 SecondedCouncil Member 15061(b)(3)) (Attachment 2). by Diane McNutt. VOTE: Motion passed 4/1. Vice Mayor Marcia Jensen voting no. MOTION: MotionCouncil Member Joe Pirzynski by 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). SecondedCouncil Member Diane McNutt. by VOTE: Motion passed 4/1. Vice Mayor Marcia Jensen voting no. MOTION: MotionCouncil Member Joe Pirzynski by to make the required finding that the proposed Ordinance amendments are consistent Seconded with the General Plan and its Elements (Attachment 2). Council Member Diane McNutt. by VOTE: Motion passed 4/1. Vice Mayor Marcia Jensen voting no. 6 Town Council/Parking Authority June 16, 2014 Public Hearing Item #11 – continued MOTION: MotionCouncil Member Joe Pirzynski by to accept the recommendation of the Planning Commission and move to adopt SecondedCouncil Zoning Code Amendment A-14-001. by Member Diane McNutt. VOTE: Motion passed 3/2. Vice Mayor Marcia Jensen and Council Member Barbara Spector voting no. MOTION: MotionCouncil Member Joe Pirzynski by 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 SecondedMayor Steven Leonardis. (Attachment 3). by 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 6/2/14) 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: MotionVice Mayor Marcia Jensen by to adopt the resolution in SecondedCouncil Member Joe Pirzynski. Attachment 5. by VOTE: Motion passed unanimously. 7 Town Council/Parking Authority June 16, 2014 Other Business – continued 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. MOTION: MotionCouncil Member Barbara Spector by 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 SecondedVice Mayor Marcia Jensen. restrictions. by VOTE: Motion passed unanimously. ADJOURNMENT Mayor Leonardis adjourned the meeting at 9:06 p.m. in memory of John Schmuck, former Town Librarian. Attest: _____________________________________ /s/ Shelley Neis, Clerk Administrator 8 Town Council/Parking Authority June 16, 2014