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M10-06-2015 Town Council Meeting 10/20/15 Item # 1 MINUTES OF THE TOWN COUNCIL/PARKING AUTHORITY MEETING OCTOBER 6, 2015 The Town Council of the Town of Los Gatos conducted a Special Meeting on Tuesday, October 6, 2015, to hold a Study Session at 6:00 p.m. and a Regular Meeting at 7:00 p.m. STUDY SESSION – 6:00 P.M. Study Session to discuss alcohol beverage service and entertainment. ROLL CALL Present: Mayor Marcia Jensen, Vice Mayor Barbara Spector, Council Member Steve Leonardis, Council Member Rob Rennie, Council Member Marico Sayoc. Absent: None VERBAL COMMUNICATIONS Opened public comment at 6:03 p.m. Larry Arzie - Commented in opposition to changing the procedures, allowing outdoor seating without providing more parking, that the number of restaurants in the downtown area has increased, and requested Council define intensification. Lee Quintana - Commented that four feet of clearance on sidewalks is not enough, outdoor seating should not allow for an increase in seating, anything that increases parking, use, traffic all cause intensification of use; inquired if entertainment was for inside or outside the establishment; that the noise level from alcohol and entertainment has increased; and tasting rooms detract from retail as they have limited hours. Linda Iverson - Commented in opposition to any changes to existing policies and procedures. Teri Hope - Asked that Council look into allowing small coffee houses to be allowed to have poetry readings and music until 10 p.m. so they may be able to expand their services. Jim Foley - Commented on the proposed language. William Reynolds - Commented on the different types of entertainment that are used to increase customers for establishments and suggested looking into constraints by type of establishment. Study Session – continued Shawn Lucca - Commented on the design of outdoor seating and having outside seating permits that renew on an annual basis. Alex Hult - Commented on the process and having checks and balances to get businesses through the process faster and allows public input. Bob Long - Commented in favor of a system that's fair to everyone. Susan Testa - Commented that the provisions should allow the businesses to have small events, allow for change, be thoughtful of the residents near the downtown, and work with Campbell and Willow Glen on keeping the historic look of the existing businesses. Richard Hanke - Commented that going into a space with an existing Conditional Use Permit (CUP) made the process easier for him. Closed public comment at 6:51 p.m. There was no Council discussion; the item was tentatively continued to November 3, 2015. STUDY SESSION ADJOURNED Study session adjourned at 6:53 p.m. BUSINESS 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 Riya Narain led the Pledge of Allegiance. The audience was invited to participate. PRESENTATIONS Mayor Jensen presented a Proclamation to Jose Rodriguez, President of the Los Gatos Lines Club, for White Cane Days. 2 Town Council/Parking Authority October 6, 2015 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 Sayoc stated she attended the California League of Cities Conference and the Planned Development Study Committee meeting. - Council Member Steve Leonardis stated he chaired the West Valley Sanitation District Board of Directors meeting and attended the ground breaking of the new Water Treatment facility. - Mayor Marcia Jensen stated she attended the Planned Development Study Committee meeting and the Council Policy Committee meeting. - Vice Mayor Barbara Spector stated she attended the Council Policy Committee meeting and the ribbon cutting for Left Bend Wine Bar. - Council Member Rob Rennie stated he attended the California League of Conservation Voters Environmental Awards and the California League of Cities Conference, and requested the PACE Solar program be placed on a future agenda. Manager Matters - Applications for the Ad Hoc Citizen Committee are due by 5:00 p.m. Friday, October 9, 2015, and interviews will be held prior to the October 20 Town Council meeting. - Annual recruitment for boards, commissions, and committees is underway and the application deadline is Friday, December 4, 2015, by 5:00 p.m. - The Town is hosting an Open House for citizens to meet Town Council and Town staff on Saturday, October 24, 2015, from 11:00 a.m. to 2:00 p.m. CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION) 1. Approve Council Minutes of September 15, 2015. 2. Adoption of a Resolution of the Town Council of the Town of Los Gatos supporting the Board of Trustees of the Los Gatos Union School District efforts to RESOLUTION 2015-053 relieve overcrowding in its schools. Adoption of a Resolution of the Town Council of the Town of Los Gatos denying the Board of Trustees of the Los Gatos Union School request to set an interim RESOLUTION 2015-053 school facilities fee. RESOLUTION 2015-054 3. Adopt a Resolution to Combat Human Trafficking 4. Authorize the Town Manager to execute a Second Amendment to the Consulting Service Agreement with Environmental and Occupational Risk Management, Inc. to increase the contract amount by $21,000 and extend the term through June 30, 2016. 3 Town Council/Parking Authority October 6, 2015 Consent Items – continued 5. Authorize the Town Manager to execute an Agreement for Services with Air Systems, Incorporated to provide contract heating, ventilation and air conditioning (HVAC) services and repairs from October 1, 2015 through June 30, 2019 in an amount not to exceed $32,247 in the first year and $42,996 annually thereafter, for a total contract amount not to exceed $161,235, plus a 10 percent contingency in each contract year. 6. Update Town Donations Policy, accounting procedures, administrative support, and related items. POLICY 2-17 a. Approve an amended Solicitation and Donation Policy; b. Revise the Town of Los Gatos donation opportunities FY 2015/16 list of Town needs; c. Authorize the Town Manager to execute a First Amendment to the Agreement between the Los Gatos/Monte Sereno Police Department and the Los Gatos/Monte Sereno Police Foundation; and d. Authorize a revenue decrease of $20,000 to the Police Administration Program Budget. (Continued from 9/15/15) 7. Authorize the Town Manager to negotiate and execute Agreements with EMC Planning Group, Inc., Geier & Geier Consulting, Inc., and Kimley-Horn and Associates, Inc. to provide Environmental Review Services to the Town. 8. Authorize the Town Manager to execute an agreement for services with Pacific Display, Incorporated to provide contract tree lighting services and repairs in an amount not to exceed $58,432 in the first year and $31,764 annually thereafter, through June 30, 2019, for a total contract amount not to exceed $153,724, plus a $5,000 contingency in each contract year. Items #7 was pulled by Council Member Marico Sayoc. Item #1 was pulled by Angelia Doerner. MOTION: MotionCouncil Member Marico Sayoc by to approve Items #2 through #6, and Item #8, inclusive of the Desk Item for Item #2. SecondedVice Mayor Barbara Spector. by VOTE: Motionpassed unanimously. VERBAL COMMUNICATIONS Kim Hastings - Commented on the speeding occurring in Town, both private and Town vehicles; requested a review of the traffic light at Highway 9 and N. Santa Cruz Avenue; stated dog droppings are being wiped on walls in Town; suggested adding additional arts and music events in Town; stated a truck was extracting water from a fire hydrant on Tait Avenue. 4 Town Council/Parking Authority October 6, 2015 Verbal Communications – continued Robb Walker - Commented on the contract Santa Clara County has signed with Green Team for garbage pickup in the unincorporated areas that has resulted in multiple pick-up days and trucks on Town streets. Angelia Doerner - Commented on the cost for the Almond Grove resurfacing project. Jeff Loughridge - Thanked Council for their dedication and hard work on behalf of the Town and has noticed that items that have been challenging are being addressed. Ginger Rowe - Commented on the cut through traffic signs that were placed on the freeway and the unintended consequences were loss of sales for retailers; requested the signs not be put back up. Pulled Consent Item #1 1. Approve Council Minutes of September 15, 2015 Angelia Doerner inquired how the Council comments opposing asphalt overlay can be memorialized. MOTION: MotionVice Mayor Barbara Spector by to approve Item #1 SecondedCouncil Member Steve inclusive of the Desk Item. by Leonardis. VOTE: Motionpassed unanimously Pulled Consent Item #7 7. Authorize the Town Manager to negotiate and execute Agreements with EMC Planning Group, Inc., Geier & Geier Consulting, Inc., and Kimley-Horn and Associates, Inc. to provide Environmental Review Services to the Town. Laurel Prevetti, Town Manager/Community Development Director, presented the staff report. Opened Public Comment at 7:43 p.m. Lee Quintana - Commented that the cost of the consultants shouldn't be the only consideration in choice. 5 Town Council/Parking Authority October 6, 2015 Pulled Consent Item #7 Closed Public Comment at 7:44 p.m. Council discussed the matter. MOTION: MotionCouncil Member Marico Sayoc by to authorize the Town Manager to negotiate and execute agreements with EMC Planning Group and Kimley-Horn and Associates, Inc. to provide Failed for lack of a environmental review services to the Town. second. MOTION: MotionCouncil Member Marico Sayoc by to authorize the Town Manager to negotiate and execute agreements with EMC Planning Group and Kimley-Horn and Associates, Inc. to provide environmental review services to the Town. After Council discussion Council Member Leonardis withdrew his second. SecondedCouncil Member Rob Rennie. by VOTE: Motionpassed 3/2. Vice Mayor Barbara Spector and Council Member Steve Leonardis voting no. Staff will provide Council a chart of all nineteen proposals, including costs, at a future date. OTHER BUSINESS 9. Outside Work Permits Rumi Portillo, Human Resources Director, presented the staff report. Opened and closed Public Comment at 7:54 p.m. Council discussed the matter. MOTION: MotionCouncil Member Steve Leonardis by to accept the status report regarding the Town’s Outside Work Permit Program, including the reporting means as outlined by the Human Resources SecondedCouncil Member Marico Sayoc. Director. by VOTE: Motionpassed unanimously 6 Town Council/Parking Authority October 6, 2015 10. Within existing adopted FY 2015/16 Operating Budget, authorize the Town Manager to: a. Restore 1.0 FTE Community Development Director from 0.5 FTE b. Restore 1.0 FTE Assistant Town Manager from 0.5 FTE c. Reallocate 1.0 FTE Town Librarian to reinstate 1.0 FTE Library Director d. Reallocate 1.0 FTE Town Librarian, 0.75 FTE Librarian and 2,964 Senior Page temporary hours to create two 1.0 FTE Principal Librarians, 1.0 FTE Senior Page, and 516 temporary employee hours e. Reclassify 1.0 FTE Finance Administrative Technician to 1.0 FTE Administrative Analyst f. Eliminate vacant 1.0 FTE Communication Coordinator position g. Increase 0.625 FTE Customer Service Specialist position within the Town Manager’s office to 0.75 FTE h. Increase Police Department’s Lead Communications Dispatcher position salary by 5% ($10,023) i. Realign salaries for the Community Development Director, Assistant Town Manager, and Parks and Public Works Director j. Adjust associated classifications and salary tables accordingly Laurel Prevetti, Town Manager/Community Development Director presented the staff report. Opened and closed Public Comment at 8:06 p.m. Council discussed the matter. MOTION: MotionCouncil Member Marico Sayoc by to allow the Town Manger to authorize the actions listed in the Staff Report, Items 1 through 10, and at the next budget review, highlight these ten, and provide an update on the changes that have taken place and how Seconded the changes have benefited the Town’s structure. by Council Member Rob Rennie. VOTE: Motionpassed unanimously. Recess at 8:40 p.m. Reconvened at 8:54 p.m. 11. Provide Direction on the Town’s Definitions and Policies for Formula Retail, Specialty Retail, Outdoor Seating, and related business uses and processes Monica Renn, Economic Vitality Manager, presented the staff report. Opened Public Comment at 9:28 p.m. 7 Town Council/Parking Authority October 6, 2015 Other Business Item #1 – continued Tricia Hancock - Commented that outdoor smoking affects businesses and inquired when the Town would be addressing outdoor smoking. Lee Quintana - Commented in support of bringing all the policies and definitions in line with each other, reducing the number of uses that require conditional use permits (CUP) and using revocable permits or contracts. Larry Arzie - Commented that tying seats to parking has been the way to control parking; the 80/20 percentage of CUP to small business deserves more conversation; formula retail designation should be left as is; chain restaurants should be included in the 80/20 formula retail; specialty food restaurants should be subject to the same regulations as restaurants; traffic impact fees are important but not a substitute for parking spaces; two parking garages should be built before outdoor seating is discussed. William Reynolds - Commented that seating should be set at what is required to address fire codes so businesses are able to make a profit and make it a viable community. Susan Testa - Commented that increasing formula retail from seven to ten is not necessary. Shawn Lucca - Commented on the parking problem and stated there are other ways to address the issue; and limiting the number of seats affects the businesses. Alex Hult - Inquired how many more seats could be added in Town if the current restriction was lifted; stated the rules are too strict and they need to be updated so they are easy to understand; and shared parking should be used. Teri Hope - Commented that creative ideas, shared parking, angled parking on side streets, building more parking are good ideas; and on the definition of a specialty store. Closed Public Comment at 10:08 p.m. Council discussed the matter. 8 Town Council/Parking Authority October 6, 2015 Other Business Item #11 – continued MOTION: MotionCouncil Member Marico Sayoc by to use the proposed definition for formula retail businesses in Attachment 2 from the Staff Report of September 1, 2015, but keeping the current number SecondedVice of seven or more other retail establishments. by Mayor Barbara Spector. VOTE: Motionpassed 3/2. Mayor Marcia Jensen and Council Member Steve Leonardis voting no. MOTION: MotionMayor Marcia Jensen by to continue discussion of specialty retail to a future date to be determined and staff to provide information on the following: 1) do we want to rescind the administrative policy; 2) if we do, how do we reconcile the specialty retail definition that has been included in the traffic mitigation fee; 3) if we change the traffic mitigation fee, how do we consider fees for what's been formally called specialty retail; 4) do we want to simply limit our definition of retail to what is the only definition in the code that being "retail"; 5) what are the considerations that made us have an administrative policy for specialty retail, was it a) seating and parking requirements; b) alcohol use; c) all of the above; or d) something different; and 6) conforming our definitions - does the Council want to change definitions if we eliminate the concept of specialty retail as proposed by staff for restaurant uses. SecondedCouncil Member Rob Rennie. by VOTE: Motionpassed unanimously. MOTION: MotionMayor Marcia Jensen by to continue outdoor seating discussion to a future meeting to be determined later and staff to provide information on the following: 1) what happens with seating in the public right of way; 2) where can outdoor seating occur; 3) how is it regulated, is it regulated by the Town when there's alcohol or by the ABC based upon your license; 4) what kind of separation do you have to have if you're in the public right of way; 5) is the outdoor seating inclusive of the total amount of seating the CUP is given or is it an additive; 6) do you have to have a CUP for outdoor seating, is that appropriate and 7) staff to choose a location and use a visual means (e.g. tape) of what exactly it would SecondedCouncil Member look like, how crowded it would be. by Marico Sayoc. VOTE: Motionpassed unanimously. 9 Town Council/Parking Authority October 6, 2015 Other Business Item #11 – continued MOTION: MotionCouncil Member Marico Sayoc by to direct staff to provide information on how to address hybrid uses and Seconded incorporate any changes with Ordinance 2021. by Mayor Marcia Jensen. VOTE: Motionpassed unanimously. MOTION: MotionCouncil Member Rob Rennie by to direct staff to define the term “operational permits” and compare with the CUP and how SecondedVice Mayor Barbara Spector. they might work. by VOTE: Motionpassed unanimously. 12. Approve the issuance of a request for proposals for the Los Gatos Downtown Farmers’ Market This item was considered before Item #11. Shelayne Hammack, Project Manager, presented the staff report. Opened Public Comment at 8:12 p.m. Kim Hastings - Requested the hours be extended. Patricia Aoyama - Requested the hours be extended and allow the farmers to run the market. Teri Hope - Suggested some type of restroom facilities be provided and allow local vendors to participate. Larry Arzie - Requested Council consider the hours of operation as they are a compromise between the merchants and the market, and not allow restaurants as a vendor. Closed Public Comment at 8:35 p.m. Council discussed the matter. 10 Town Council/Parking Authority October 6, 2015 Other Business Item #12 – continued MOTION: MotionCouncil Member Steve Leonardis by to approve the issuance of a Request for Proposals (RFP) for the Los Gatos Downtown Farmers’ Market that includes restroom facilities. SecondedVice Mayor Barbara Spector. by VOTE: Motionpassed unanimously. ADJOURNMENT The meeting adjourned at 11:26 p.m. Attest: _____________________________________ /s/ Shelley Neis, Clerk Administrator 11 Town Council/Parking Authority October 6, 2015