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1DRAFT Town Council Meeting 4/15/13 Item # , MINUTES OF THE TOWN COUNCIL /SUCCESSOR AGENCY MEETING APRIL 1, 2013 The Town Council of the Town of Los Gatos conducted a Regular Meeting in the Town Council Chambers on Monday, April 1, 2013 at 7:00 P.M. *AMENDED AGENDA` CLOSED SESSION - 5:45 P.M. PUBLIC EMPLOYEE PERFORMANCE EVALUATION [Government Code Section 54957(b)(1)] Title: Town Manager CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Government Code Section 54956.8) Properties: 110 E. Main Street (Former Library Building only), APN: 529 -34- 108 Negotiating parties: Town of Los Gatos (Negotiator: Greg Larson, Town Manager) Los Gatos Museum (Negotiator: Executive Director) Under negotiation: Price and terms of potential lease MEETING CALLED TO ORDER - 7:00 P.M. ROLL CALL Present: Mayor Barbara Spector, Vice Mayor Steven Leonardis, Council Member Marcia Jensen, Council Member Diane McNutt, and Council Member Joe Pirzynski. Absent: None. PLEDGE OF ALLEGIANCE George Ross Van Meter Elementary School was invited to participate. COUNCIL /TOWN MANAGER REPORTS Council Matters led the Pledge of Allegiance. The audience Vice Mayor Leonardis - Commented that he attended Art in the Council Chambers, the Seniors of Distinction banquet, and a meeting of the West Valley Sanitation District. Page 1 Council Matters - continued Council Member Pirzynski - Commented that he attended a Metro Transportation Commission meeting, and an Association of Bay Area Governments meeting, and he represented Council at the CASA fashion show at Los Gatos High School. Mayor Spector - Commented that she attended a General Plan meeting considering AHOZ, a Mayor Manager West Valley meeting and the Art in Council Chambers reception. Manager Matters Greg Larson, Town Manager - Introduced Shelley Neis as the Town's new Deputy Clerk. - Commented that the Forbes Mill Footbridge re- dedication ceremony would take place on April 3, at 3:00 p.m. - Commented that the Pageant Grounds Opening Ceremony would take place on April 20, 2013 at 11:00 a.m. Did You Know...? Monica Renn, Economic Vitality Coordinator, discussed upcoming events for Keep Los Gatos Beautiful Month. PRESENTATIONS Mayor Spector presented a Proclamation for Los Gatos Poetry Month to Erica Goss, Los Gatos Poet Laureate Poetry Month — Fischer School Student Readings - Maddie Kleis, Ryan McGrath, and Kayla Mills each read an original poem. CLOSED SESSION REPORT Judith Propp, Town Attorney Commented that Council took no reportable action for either closed session on April 1, 2013 and March 25, 2013. CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION) 1. Approve Council minutes of March 18, 2013 2. Accept the 2011/12 Comprehensive Annual Financial Report (CAFR) Page 2 3. Conceptual approval and conditions for donation of a permanent stage at the Los Gatos Civic Center - Council Member Diane McNutt pulled Item #3 from the Consent Agenda 4. Authorize the Town Manager to execute a three -year maintenance agreement with Accela, Inc. for maintenance and support of the Accela Automation Permitting Software System 5. PPW Job No. 12 -04 Winchester Blvd. /Knowles Avenue Intersection Improvement Project 813 -0204 Approve plans and specifications for Winchester Blvd. /Knowles Avenue intersection improvements and authorize staff to advertise the project for bid 6. PPW Job No. 12 -18 - Fiscal Year 2012/13 - Street Repair and Resurfacing Project 811 -9901- Approve plans and specifications for the FY 2012/13 street repair and resurfacing project and authorize staff to advertise the project for bid 7. Height Pole and Netting Policy - Adoption of a revised Height Pole and Netting Policy - Council Member Marcia Jensen pulled Item #7 from the Consent Agenda. MOTION: Motion by Vice Mayor Steve Leonardis to approve Consent Items #1 -7, with the exception of Items #3 and #7. Seconded by Council Member Joe Pirzynski. VOTE: Motion passed unanimously. VERBAL COMMUNICATIONS Ms. Dobson - Commented on traffic near Hillbrook School and its relation to the General Plan. Ms. Robinson - Commented on the Albright Project Draft Environmental Report. Ms. Torre - Commented on the Albright Project's Draft Environmental Report. Pa ge 3 Verbal Communications — Continued Mr. Shepardson - Commented that Councilmembers should visit the Albright site. Pulled Consent Item #3 Mr. Van Nada - Commented on traffic near the Albright Project. 3. Conceptual approval and conditions for donation of a permanent stage at the Los Gatos Civic Center Council Comments - Commented that approving conceptual design is approving a stage without knowing its location, costs, materials, use policies, etc. and without public input opportunities, so approval is premature. - Commented that there are many organizations with ideas for the Civic Center so any plan should represent a cohesive theme. Mr. Larson - Commented that staff shares Council's concerns and there is active private fundraising occurring. - Commented that there was a facilitated session with many groups in January to look at array of opportunities for the Civic Center deck, and staff could conduct a similar process for the stage. - Commented that the design could go through the review process, with the Town as the applicant, unless a private applicant comes forward. Council Questions - Commented that there are a number of community groups that have interests, so what method will be used to coordinate among. groups - Questioned whether the Planning Commission would review the design. - Commented that there are separate stakeholders for the stage versus the Civic Center as a whole. - Requested clarification about the current plans for the Civic Center, besides the stage proposed in the current agenda item. Mr. Larson - Commented that the Veterans Memorial and Pageant Grounds opening are being planned. - Commented that Pageant Grounds opens April 20 and staff will bring back a use policy soon thereafter. Page 4 Pulled Consent Item #3 — continued Opened and closed the public hearing. MOTION: Motion by Council Member Diane McNutt to direct staff, in consultation with the Mayor, to develop a work plan item to gather stakeholders and develop overall policies for use and accessories for the full Civic Center campus. Seconded by Council Member Marcia Jensen. VOTE: Motion passed unanimously. Pulled Consent Item #7 Suzanne Avila, Senior Planner, presented the staff report. Open the public hearing. Mr. Shepardson - Commented on possible additions to the height pole and netting policy. Ms. Quintana - Commented on possible additions to the height pole and netting policy. Closed the public hearing. Council Discussion - Commented that creating a project website is a large task and applicants should draft what should be posted for staff review. - Commented that notification cards should have some illustration of the proposed project. - Commented that the consulting architect should verify height of story poles, and that story poles do not depict density. - Commented that the online activity report should be up soon. - Commented that the big development projects, such as Planned Development and multi -unit commercial projects can bear the cost of notification. - Commented that there should be signage to notify people that this is a project site so there is no confusion. - Commented that story poles are for notice but cannot show density and computer graphics must accurately depict projects as do traditional models. Page 5 Pulled Consent Item #7 — continued Ms. Avila - Commented that a surveyor could do a true measurement to verify accuracy of the height of story poles. Council Discussion Continued - Commented that Council and the public should be advised on when an exception is being considered and when it is granted. - Commented that relevant information must be available for the public and that the online development website will help. - Commented that bright colored notices are better, but having building plans on the postcards may cause confusion with other mailers. - Commented that project identification signs are not extremely helpful. - Requested clarification on CEQA visual impact analysis and how it relates to story poles. - Commented that projects must have some form of notification such as netting, poles, cranes, etc. Commented that density is not realistic to show with story poles. Commented that graphics are helpful, so long they are verified. Ms. Propp - Commented that story poles are not required by CEQA. - Commented that story poles do not substitute for visual impacts studies. Council Questions - Questioned whether this policy replaces the old one. Mr. Larson - Commented that the old policy is staff level policy and this one is a Council policy so it takes precedence. Council Discussion — Continued - Strengthen the review process for granting exceptions. - Establish an online projects system, which staff will bring back as part of the budget. - Strengthen public notification cards - include graphics for large projects, if possible. - Clarified that some type of visual notification is required. - Eliminate signage requirement for single family homes unless it is a sign indicating where to view plans. Page 6 PUBLIC HEARING 8. Adopt resolution approving the Comprehensive Fee Schedule FY 2013/14, to continue certain department fees, rates and charges, and increase certain fees, rates and charges for FY 2013/2014 and establishing a fine to allow enforcement of Town of Los Gatos Town Code Section 15.40.275, Parking, etc., in Alleys Restricted to Loading or Unloading Jennifer Callaway, Budget Manager, presented the staff report. Opened the public hearing. Ms. Quintana - Questioned whether traffic impact fees were part of the fee schedule before the Council. Mr. Capurso - Commented that traffic impact fees are not included in the fee schedule. Closed the public hearing. MOTION: Motion by Council Member Joe Pirzynski to adopt the resolution. Seconded by Vice Mayor Steve Leonardis. VOTE: Motion passed unanimously. eJ 9. Update on Code Compliance Policies and Practices Todd Capurso, Director of Parks and Public Works, presented the staff report. Council Questions - Requested clarification about proactive code enforcement procedures and whether they would be limited to downtown. - Requested clarification about item ##6 on page 4 of the staff report. - Requested clarification about the number of CUPs and expressed concern about the recommendation of scrutinizing each one. Page 7 Item #9 — continued Mr. Capurso - Commented that proactive enforcement entails uniformity of enforcement so a single business or residence is not targeted specifically. - Commented that part of the staff report addresses the need to update webpages. - Commented that there are hundreds of CUPs and all should be publicly available. - Commented that there should be prioritization of CUP review. Mr. Larson - Commented that prior Council discussion on this issue involved downtown signage. Council Discussion - Commented that staff should investigate CUP violations within a finite amount of time and that they should go through a public process, such as to the Planning Commission - Commented that mediation is not advised for CUP violations or other substantive alleged violations - Commented that the process should be decided and applied equally across the board to all, regardless of the business operator. Opened and closed the public hearing. Council Discussion - Commented that the Town Code should be amended to allow appeal rights for complaining parties - Commented that staff should exercise discretion in when to enforce and how. - Suggested that the time period should be extended to 90 days - no shutting things down without 5 or more complaints (none anonymous), absent existing identified violation of an existing CUP and all other means of enforcement are exhausted. Mr. Capurso - Commented that a complaining party's appeal right, if any, is less clear to staff so direction is needed. Council Discussion — continued Expressed concern about granting appeal rights to complainants just because a CUP is challenged. Commented that a complaint should not open up the interpretation of a CUP, which is a vested right. Commented that whenever CUP conditions are set, then schedule a hearing 6 months or a year after for public comment to review whether the conditions are being followed. Page 8 Mayor Spector requested a recess at 9:41 p.m. The meeting resumed at 9:48 p.m. 10. Review of Downtown Parking Assessment District Sandy Bailey, Planning Manager, presented the staff report. Opened the public hearing Mr. Arzie - Expressed concern about the future of the parking assessment district. - Commented that a new parking assessment district would be best, but it may not be viable. Council Question for Mr. Arzie - What option would be best and what organization would be best to organize it? Mr. Arzie - Replied that many business owners would like new parking, and the business owners should form a new district. Ms. Quintana - Expressed concern about the lack of a parking analysis for the theater project. Closed the public hearing. Council Discussion - Commented that alcohol service creates an intensification of use. - Commented that there was no mathematical precision regarding certain calculations of square footage, etc., but going forward we can be more careful. - Commented that stakeholders should be contacted to discuss if they want a parking assessment district or something else. - Commented that going forward, decisions should be driven by the business community. - Commented that the third option in the staff report is best. - Commented that there will not be a new parking assessment district by January 1, 2014 because there is not enough time for something this complex. Mr. Larson - Commented that the Mayor and staff will meet with representatives from the Chamber of Commerce to discuss how to proceed. Page 9 ADJOURNMENT The meeting adjourned at 10:21 p.m. Attest: Mazarin Vakharia, Clerk Administrator Page 10