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Minutes 8-4-15DRAFT Town Council Meeting 08/16/15 Item # MINUTES OF THE TOWN COUNCIL /PARKING AUTHORITY MEETING AUGUST 4, 2015 The Town Council of the Town of Los Gatos conducted a Special Meeting on Tuesday, August 4, 2015, to hold a Closed Session at 6:00 p.m. and a Regular Meeting at 7:00 p.m. CLOSED SESSION — 6:00 P.M. CS -1 CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Government Code Section 54956.8): Instructing Town's real property negotiator regarding the price and terms of payment for the sale, exchange, or lease of real property as to 8 parcels. Property: 14850 Winchester Avenue (APN: 424 -31 -055) Negotiating Parties: Town of Los Gatos (Negotiator: Matt Morley, PPW Director) Potential Buyers and /or Tenants Negotiations: Price and terms of potential sale or lease. Property: 4 Tait Avenue (Museum) (APN: 510 -44 -054) Negotiating Parties: Town of Los Gatos (Negotiator: Matt Morley, PPW Director) Potential Buyers and /or Tenants Negotiations: Price and terms of potential sale or lease. Property: 4 New York Avenue (Venue) (APN: 529 -27 -024) Negotiating Parties: Town of Los Gatos (Negotiator: Les White, Interim Manager) KCAT (Negotiator: Melissa Toran) Negotiations: Price and terms of lease. Property: 75 Church St. (Forbes Mill) (APN: 529 -54 -050) Negotiating Parties: Town of Los Gatos (Negotiator: Matt Morley, PPW Director) Potential Buyers and /or Tenants Negotiations: Price and terms of potential sale or lease. Property: 20 Dittos Lane (APN: 529 -29 -034) Negotiating parties: Town of Los Gatos (Negotiator: Matt Morley, PPW Director) Potential Buyers and /or Tenants Negotiations: Price and terms of potential sale or payment of lease Property: 224 West Main Street (APNs: 510 -44 -037, -039, and -069) Negotiating parties: Town of Los Gatos (Negotiator: Matt Morley, PPW Director) Potential Buyers and /or Tenants Negotiations: Price and terms of potential sale or payment of lease MEETING CALLED TO ORDER AT 7:00 P.M. ROLL CALL Present: Mayor Marcia Jensen, Vice Mayor Barbara Spector, Council Member Steve Leonardis, Council Member Rob Rennie, Council Member Marico Sayoc. Absent: None PLEDGE OF ALLEGIANCE Gisele Hayes and Seyah Hayes led the Pledge of Allegiance. The audience was invited to participate. PRESENTATIONS Mayor Jensen and Los Gatos Poet Laureate, Erica Goss, presented Lauren Finkle with the 2015 Los Gatos Poet Laureate Scholarship for Creative Writing. Mayor Jensen presented Anthony Lin, PG &E representative, a Proclamation for California Safe Digging Day. 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 Marico had no report. - Council Member Steve Leonardis stated that he attended the Santa Clara Valley Water District Board of Directors meeting on behalf of Council Member Marico Sayoc as a member of the public as no alternates were available and stated correspondence was received from a member of the public about suicide statistics and requested the item be put on a future agenda for adoption of a suicide prevention policy. - Mayor Marcia Jensen stated that she attended the Town 4th of July Celebration, the Chamber of Commerce dinner, the Final Leg of the Special Olympics, as well as other ceremonial events; she attended the meeting of the West Valley and North County Mayors regarding regional transportation issues and the Policy Committee meeting; participated in preschool story time at the Library; and met with Assemblyman Low. Vice Mayor Barbara Spector stated that she attended the Policy Committee meeting, the Chamber of Commerce dinner, the Town 4th of July Celebration; and participated in preschool story time at the library. Council Member Rob Rennie stated that he attended the Chamber of Commerce lunch, the Chamber Walk with Assemblyman Low, and the Parks Commission meeting. Town Council /Parking Authority August 4, 2015 Manager Matters - Les White, Interim Town Manager, Matt Morley, Parks and Public Works Director, and Captain Michael D'Antonio, provided an update on the pilot steps being taken to try to reduce cut - through traffic. CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION) 1. Approve Council Minutes of June 17, 2015 2. Zoning Code Amendment Z -14 -001 Project Location: North Forty Specific Plan Area. The plan area comprises approximately 44 acres located at the northern extent of the Town of Los Gatos bordered by State Route 17 and State Route 85 freeways to the west and north Los Gatos Boulevard to the east. and Lark Avenue to the south. APN 424 -07 -009 010 024 through 027 031 through 037 052 through 054 060 063 through 065 070.08.1. through 086. 090. 094 through 095 099 100 102 through 112 424-06-115, 116 and 129. Property Owners: Swenson C B trustee Los Gatos Gateway LLC Thomas & Miyoko Yuki Herbert & Barbara Yuki ETPH LP William Mattes Grosvenor USA William Fales William Hirschman Elizabeth Dodson Patricia Connell, William Mattes Mattes Trust MBK Enterprise Dewey Ventura. Douglas Moisenco James Dagostino Robert & Georgianna Spinazze, Marianne Ezell Los Gatos Medical Office Center LLC Iris Gin John and Allison Diep LLC Mathew Bernal LG Boulevard Holdings LLC Polaris Navigation EW Real Estate LLC Lazaar Ent LLC Pivush Kotharv. Applicant: Town of Los Gatos Adopt an Ordinance effecting a Zoning Code Amendment ORDINANCE 2242 3. Consider the recommendations of the Policy Committee to adopt a resolution to rescind Resolution 1983 -241: Standards for Self- Service Gas Stations RESOLUTION 2015 -047 4. Approve response to the Santa Clara Civil Grand Jury Report regarding law enforcement policies and procedures related to California Penal Code 368 pertaining to the reporting of elder and /or dependent abuse 5. Authorize the Interim Town Manager to sign the Memorandum of Understanding (MOU) Silicon Valley Regional Communications System between the Silicon Valley Regional Interoperability Authority (SVRIA) and the Town of Los Gatos 6. Accept Grant from the State of California Office of Traffic Safety in the amount of $25,100 to support traffic safety initiatives and authorize corresponding budget adjustments 7. Approve revised 2015 Town of Los Gatos Emergency Operations Plan (EOP) 8. PPW Job No. 13 -27 - FY 2014/15 Annual Street Repair and Resurfacing Protect and Pavement Rehabilitation - Crack Seal 811-0003 and 811-9903 Staff recommends that the Town Council reject all bids for project FY 2014/15 Annual Street Repair and Resurfacing Project and Pavement Rehabilitation — Crack Seal Town Council /Parking Authority August 4, 2015 Consent Items — continued MOTION: Motion by Council Member Steve Leonardis to approve the consent calendar inclusive of desk items. Seconded by Council Member Rob Rennie. VOTE: Motion passed unanimously for items 1, 3, 6, and 8. Vice Mayor Barbara Spector and Council Member Steve Leonardis voting no on item 2. Council Member Steve Leonardis also voting no on items 4, 5, and 7. VERBAL COMMUNICATIONS Todd Opray - Commented on the cut - through traffic, inquired if there are any plans for additional parking, and asked for the opportunity for window and A -frame signs, and inquired if parklets will be installed on Main Street. Sara Walker - Commented on the condition of the lawn at Bachman Park, communication with Town staff regarding Parks Commission meetings and CIP projects, and the trip and fall hazards caused by gopher holes at the park. PUBLIC HEARINGS 9. Hazardous Vegetation (Weed /Brush Abatement Program) After opening and closing the public hearing, staff recommends that the Town Council: a. Consider the Assessment Report from the County Office of the Agricultural Commissioner for the 2015 Weed Abatement Program b. Adopt a resolution approving report and assessment of hazardous vegetation abatement charges RESOLUTION 2015 -048 Opened and closed Public Comment at 7:37 p.m. MOTION: Motion by Council Member Steve Leonardis to adopt a resolution approving the report and assessment of hazardous vegetation abatement charges. Seconded by Council Member Marico Sayoc. VOTE: Motion passed unanimously. 10. Conditional Use Permit Application U -15 -001 Property Location: 657 University Avenue Property Owner: Edward Rhodas Applicant/Appellant: Gary Nishita Town Council /Parking Authority August 4, 2015 Public Hearing Item #10 — continued Consider an appeal of a Planning Commission decision denying approval of a request to operate an auto body repair and paint shop (Bi -City & Body) on property zoned LM. APN: 529 -10 -083 RESOLUTION 2015 -049 Jocelyn Puga, Assistant Planner, presented the staff report. Opened Public Comment at 7:42 p.m. Bruce Tichinin, attorney for applicant/appellant - Commented on the project. Gary Nishita, applicant/appellant - Responded to questions from Council. Edward Rhodas, property owner - Responded to questions from Council. Closed Public Comment at 8:09 p.m. Council discussed the matter. MOTION: Motion by Council Member Rob Rennie to grant the appeal with the conditions in Exhibit A of Attachment 8, with the modification to condition 7 to strike the word "approved," finding that new information was submitted to the Council during the appeal process that was not available to the Planning Commission. Seconded by Mayor Marcia Jensen. VOTE: Motion passed unanimously. OTHER BUSINESS 11. Introduce and first reading of an Ordinance amending the Code of the Town of Los Gatos Section 2.30.285 regarding the removal process of the Town Manager from office Rob Schultz, Town Attorney, presented the staff report. Opened and closed Public Comment at 8:21 p.m. Council discussed the matter. Town Council /Parking Authority August 4, 2015 Other Business Item #11 — continued MOTION: Motion by Council Member Steve Leonardis to introduce the ordinance and first reading of the ordinance, by title only, amending Los Gatos Town Code Section 2.30.285. Seconded by Council Member Marico Sayoc. VOTE: Motion passed unanimously. The Clerk read the title of the ordinance. 12. Parking and Infrastructure Ad Hoc Committee Staff recommends that the Town Council: a. Accept the report on the work completed by the Transportation and Infrastructure Ad Hoc Committee b. Direct staff to issue a request for information for a public private partnership to develop a parking garage Matt Morley, Parks and Public Works Director, presented the staff report. Opened Public Comment at 8:41 p.m. Angelia Doerner - Commented on a suggestion for parking. Closed Public Comment at 8:45 p.m. Council discussed the matter. MOTION: Motion by Council Member Steve Leonardis to accept the report on the work completed by the Transportation and Infrastructure Ad Hoc Committee and direct staff to issue a Request for Information (RFI) for a public private partnership to develop a parking garage. Seconded by Council Member Marico Sayoc. VOTE: Motion passed unanimously. ADJOURNMENT The meeting adjourned at 9:02 p.m. Attest: Shelley Neis, Clerk Administrator 6 Town Council /Parking Authority August 4, 2015