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M12-02-2014 Town Council Meeting 12/16/14 Item #1 MINUTES OF THE TOWN COUNCIL/PARKING AUTHORITY MEETING DECEMBER 2, 2014 The Town Council of the Town of Los Gatos conducted a Regular Meeting on Tuesday, December 2, 2014, at 7:00 p.m. MEETING CALLED TO ORDER AT 7:00 P.M. ROLL CALL Present: Mayor Marcia Jensen, Vice Mayor Barbara Spector, Council Member Steven Leonardis, Council Member Joe Pirzynski, Council Member Diane McNutt. Absent: None PLEDGE OF ALLEGIANCE Quincy Scott and Isabella Scott led the Pledge of Allegiance. The audience was invited to participate. PRESENTATION Mayor Jensen presented the Small Business, Big Applause Commendation to Kevin Mukai of The Wooden Horse. Kevin Mukai accepted the award and expressed his thanks. CERTIFICATION OF MUNICIPAL ELECTION 1. Adopt resolution certifying the November 4, 2014 Los Gatos General Municipal RESOLUTION 2014-071 Election and declaring the election results. MOTION: MotionVice Mayor Barbara Spector by to certify the results of the November 4, 2014 Los Gatos General Municipal Election and SecondedCouncil Member Joe declaring the results. by Pirzynski. VOTE: Motion passed unanimously SWEARING IN OF NEW COUNCIL Santa Clara County Supervisor Mike Wasserman led the swearing ceremony for Council Members Steven Leonardis, Rob Rennie, and Marico Sayoc. FAREWELL REMARKS OF DEPARTING COUNCIL MEMBERS Mr. Pirzynski thanked the community and stated that it was an honor to serve on the Town Council and congratulated new Council Members Rob Rennie and Marico Sayoc and returning Council Member Steve Leonardis. Farewell remarks – continued Ms. McNutt thanked the community and stated that it was an honor to serve on the Town Council and congratulated new Council Members Rob Rennie and Marico Sayoc and returning Council Member Steve Leonardis. Ms. McNutt encouraged the community to become involved on boards, commissions, or service groups and consider running for Council in the future. Mayor Jensen presented plaques in their honor to outgoing Council Members Diane McNutt and Joe Pirzynski reflecting their years of service. Council Member Rob Rennie thanked outgoing Council Members Diane McNutt and Joe Pirzynski for their years of service. He also thanked the voters for voting for him and all those who helped with his campaign. Council Member Steve Leonardis thanked the voters for entrusting him to serve the community. Council Member Marico Sayoc thanked all of Los Gatos for putting their trust in her and she is honored to continue serving the community. ROLL CALL OF NEW COUNCIL Present: Mayor Marcia Jensen, Vice Mayor Barbara Spector, Council Member Steven Leonardis, Council Member Rob Rennie, Council Member Marico Sayoc. Absent: None 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 - Mayor Jensen stated applications are being accepted for boards and commissions until December 5, 2014 and encouraged those interested to apply. Manager Matters - Stated sand bags are available for pick up at the Corporation Yard at 41 Miles Avenue, near Balzer Field. - Stated weather permitting, the Annual Tree Lighting and Holiday Parade are Friday and Saturday, December 5 and 6. 2 Town Council/Parking Authority December 2, 2014 CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION) 2. Approve Council Minutes of November 4, 2014 3. Town Council Policy Committee Appointments 4. Adopt a resolution making the determinations and approving the reorganization of territory designated as Kennedy Road No. 17, approximately 0.51 acre located at 16785 Kennedy Road. APN 532-08-041.File #AN14-004 RESOLUTION 2014-072 5. PPW Job No. 13-28 Retaining Wall Repair and Resurfacing Project 815-9930 Authorize the Town Manager to execute a certificate of acceptance and notice of completion accepting the work of Casey Construction and authorize recording by the Clerk Administrator 6. PPW Job. No 13-29 Guardrail Replacement Project 411-812-0120 Authorize the Town Manager to execute a certificate of acceptance and notice of completion accepting the work of Midstate Barrier, Inc. and authorize recording by the Clerk Administrator 7. Oak Meadow Park Upgrades Project 411-831-4004 a. Authorize the issuance of a request for proposals (RFP) for preparation of a Master Plan for Oak Meadow Park b. Authorize the Town Manager to execute a contract with the most qualified bidder in an amount not to exceed $80,000. c. Authorize a budget transfer in the amount of $27,610 from the Park Rehabilitation – Bachman Park Project 411-831-3104 to the Oak Meadow Park Upgrades Project 411-831-4004 d. Authorize a budget transfer in the amount of $22,390 from the Oak Meadow Park Gazebo Project 411-831-4005 to the Oak Meadow Park Upgrades Project 411-831-4004 Vice Mayor Barbara Spector pulled Item #7. MOTION: MotionCouncil Member Steve Leonardis by to approve Consent SecondedCouncil Member Marico Sayoc. Items #2-6. by VOTE: Motion passed unanimously. VERBAL COMMUNICATIONS Patrick Ahrens, from the office of Assemblyman Evan Low - Presented certificates to the elected Council Members, Steve Leonardis, Rob Rennie, and Marico Sayoc 3 Town Council/Parking Authority December 2, 2014 Pulled Consent Item #7 7. Oak Meadow Park Upgrades Project 411-831-4004 a. Authorize the issuance of a request for proposals (RFP) for preparation of a Master Plan for Oak Meadow Park b. Authorize the Town Manager to execute a contract with the most qualified bidder in an amount not to exceed $80,000. c. Authorize a budget transfer in the amount of $27,610 from the Park Rehabilitation – Bachman Park Project 411-831-3104 to the Oak Meadow Park Upgrades Project 411-831-4004 d. Authorize a budget transfer in the amount of $22,390 from the Oak Meadow Park Gazebo Project 411-831-4005 to the Oak Meadow Park Upgrades Project 411-831-4004 Matt Morley, Director of Parks and Public Works, presented the staff report. Opened the Public Hearing at 7:48 p.m. Chuck Hammers - Commented that he has worked on projects similar and the request for proposal (RFP) is in line with project scopes he has worked on. Closed the Public Hearing at 7:50 p.m. Council discussed the matter. MOTION: MotionCouncil Member Steve Leonardis by to send the matter to the Parks Commission for further review and public comment. The Commission should consider the scope of work of any consultant, the funding sources, and the priorities and implications of any funding transfer from other park projects, and report back to SecondedVice Mayor Barbara Spector. Council. by VOTE: Motion passed unanimously PUBLIC HEARINGS 8. Regulation of Expanded Polystyrene Foam (Styrofoam) Food Service Container- Ware a. Adopt a resolution adopting the Negative Declaration prepared by the City of San Jose for the regulation of the use of Polystyrene foam food service container-ware by food providers, be found adequate for the Town of Los Gatos action in accordance with the California Environmental Quality Act RESOLUTION 2014-083 4 Town Council/Parking Authority December 2, 2014 Public Hearing Item #8 – continued b. Introduce an ordinance of the Town of Los Gatos to adding Article III to Chapter 10 to the Town of Los Gatos Municipal Code entitled Regulation of Expanded Polystyrene Foam (Styrofoam) Food Service Container-Ware Christina Gilmore, Assistant to the Town Manager, presented the staff report. Opened the Public Hearing at 8:11 p.m. Chuck Hammers - Commented that this ordinance is in-line with neighboring cities and his business, Pizza My Heart, is already using recyclable cartons and it was not a burden at all. Kent Okasaki - Commented on supporting the proposed ordinance and suggested adding Styrofoam ice chests to the ordinance. Lee Quintana - Commented in favor of the ordinance. Closed the Public Hearing at 8:19 p.m. Council discussed the matter. MOTION: MotionCouncil Member Rob Rennie by to (a) adopt a resolution adopting the Negative Declaration prepared by the City of San Jose for the regulation of the use of Polystyrene foam food service container-ware by food providers, be found adequate for the Town of Los Gatos action in accordance with the California Environmental Quality Act; (b) introduce an ordinance to prohibit the use of polystyrene foam (Styrofoam) food service container- ware by food providers and the sale of encapsulated coolers and ice chests; and (c) return to Council in six months with an amendment to add the prohibition of the sale of empty container- SecondedVice Mayor Barbara Spector. ware. by VOTE: Motion passed unanimously Jackie Rose, Acting Clerk Administrator, read the title of the ordinance. 9. Introduce an Ordinance Amendment of The Town of Los Gatos Amending Chapter 11 of the Town of Los Gatos Municipal Code related to Single-Use Carry-Out Bags 5 Town Council/Parking Authority December 2, 2014 Public Hearing Item #9 – continued Christina Gilmore, Assistant to the Town Manager, presented the staff report. Opened the Public Hearing at 8:26 p.m. Kent Okasaki - Commented in support of the proposed ordinance and suggested including review of merchant data to learn how many customers ask for paper bags. Thelma Spazinal - Commented in support of the proposed ordinance. Natalie Ladd - Commented that you must show a card for low income to not pay for a paper carry out bag. She suggested that the money for the bag be invested in a town clean-up program. John Shepardson - Questioned if there was any data that show impacts to the community by raising the cost to 25 cents. David Weissman - Commented on supporting Los Gatos as a leader with these types of issues. Lee Quintana - Commented in favor of the proposed ordinance. Gary Harwin - Commented in favor of the proposed ordinance. Closed the Public Hearing at 8:39 p.m. Council discussed the matter. MOTION: MotionVice Mayor Barbara Spector by to Introduce the first reading of the ordinance amending Single-Use Carry-Out Bags by title and summary only, publish the summary no more than 5 days prior to its adoption, and correct the date in the last paragraph of SecondedCouncil Member Steve the draft ordinance to 2014. by Leonardis. VOTE: Motion passed 4/1. Council Member Marico Sayoc voting no. 6 Town Council/Parking Authority December 2, 2014 Jackie Rose, Acting Clerk Administrator, read the title of the ordinance. OTHER BUSINESS There was no other business. ADJOURNMENT The meeting adjourned at 8:48 p.m. Attest: _____________________________________ /s/ Shelley Neis, Clerk Administrator 7 Town Council/Parking Authority December 2, 2014