1DRAFT Town Council Meeting 5120113
Item # I
MINUTES OF THE TOWN COUNCIL /SUCCESSOR AGENCY MEETING
MAY 6, 2013
The Town Council of the Town of Los Gatos conducted a Regular Meeting in the Town
Council Chambers on Monday, May 6, 2013 at 7:00 P.M.
CLOSED SESSION — 5:00 P.M.
PUBLIC EMPLOYEE ANNUAL PERFORMANCE EVALUATION [Government Code
Section 54957(b)(1)] Title: Town Manager
CONFERENCE WITH LABOR NEGOTIATOR (Government Code Section 54957.6)
Town Negotiator: Rumi Portillo, Human Resources Director - Unrepresented Employee:
Town Manager
STUDY SESSION — 6:00 P.M
DISCUSSION TOPIC
Discussion and direction on the regulation of single -use carryout bags and expanded
polystyrene
Christina Gilmore, Assistant to the Town Manager, presented the staff report.
Council Questions
- Questioned whether the proposed future ordinance is applicable to all retailers.
- Questioned whether the state bills include charging for single use bags.
- Questioned whether there is a charge for paper bags too.
- Questioned whether the money from sale of bags stays with the retailer
- Questioned whether other cities' ordinances include charges for bags.
- Questioned why the polystyrene ordinance will come to Council later than the plastic
bag ordinance.
- Questioned the timeline of the future proposed ordinance.
Ms. Gilmore
- Described three bills that are pending in the state legislature regarding single use
plastic bags; each is in draft form with revisions forthcoming.
- Commented that the 10 cents charge is for retailers to recoup cost, and the revenue
from bag sales remains with the retailer.
- Commented that there is no model ordinance for Polystyrene and Cupertino will do
an EIR for this matter.
- Commented that staff will begin public outreach immediately.
- Described the timeline: the ordinance will be introduced in October 2013 and may
be adopted in November 2013, for implementation in January 2014.
Mr. Larson
- Commented that staff workload will determine the timeline for the polystyrene
ordinance because there is no model ordinance for this issue.
- Commented that state legislation exempts certain businesses based on square
footage of the retail space and other factors.
Council Questions
- Questioned if the Town deviates from proposed ordinance whether there would
need to be other environmental review.
- Questioned whether the San Mateo EIR has a sunset clause and whether the EIR
assumed charges for bags
Ms. Gilmore
- Commented that changes to the model ordinance may require an Addendum EIR
and that she does not know whether there is a sunset clause.
- Commented that there are bag charges of 10 cents per bag which is later raised to
25 cents in the EIR.
Opened the public hearing
Ms. Wiley
- Asked for clarification about the implementation of the plastic ban bag.
Ms. Barker
- Commented that retailers order supplies up to six months in advance so it's
necessary to give as much as advance notice as possible.
- In response to a Council question, Ms. Barker stated that the change would not be a
burden with adequate notice.
Mr. Hunt
Expressed support for reducing the number of plastic bags.
Mr. Bjorg
Expressed support for the model ordinance.
Closed the public hearing
Council Questions
- Questioned whether the retailers are required to ask permission prior to charging
customers for bags.
- Questioned whether retailers will stop providing bag credits.
Ms. Gilmore
- Clarified that the model ordinance does provide for some plastic bags use by
retailers as long as they are 2.25 mm thick and fully recyclable.
- Commented that the bag credit may be up to the retailer.
P a E P 7
Mr. Larson
- Commented that the question regarding the charge for bags may be good customer
service and nothing prohibits retailers from currently charging for bags.
MOTION: Motion by Council Member Diane McNutt to authorize staff to
draft and present an ordinance to regulate single use carryout bags
and to move into the polystyrene as soon as possible with two
annotations: 1) To look at extending the start time for small retailers
to be able to use up their inventory, 2) To look at the cost of paper
bags to get an estimate of the actual cost to the retailers.
Seconded by Council Member Joe Pirzynski
VOTE: Motion passed unanimously.
The following discussion occurred prior to the vote:
- Commented that Los Gatos should not get in front of the EIR that another
jurisdiction is doing.
- Commented that the RWRC's timeline does not include EIR process
Council Questions
- Questioned the need for the January 2014 implementation
Ms. Gilmore
- Commented that the implementation date is a staff suggestion, based on Council's
interest in this item.
Mr. Larson
- Commented that the EIR did specify 10 cents and 25 charges per bag and any
changes may require an Addendum EIR.
The study session concluded at 6:38 p.m.
MEETING CALLED TO ORDER - 7:00 P.M.
ROLL CALL
Present: Mayor Barbara Spector, Vice Mayor Steve Leonardis, Council Member Marcia
Jensen, Council Member Diane McNutt, and Council Member Joe Pirzynski.
Absent: None.
PLEDGE OF ALLEGIANCE
Joseph Sandoval from Noddin Elementary led the Pledge of Allegiance. The audience
was invited to participate.
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PRESENTATIONS
Mayor Spector presented a proclamation to Todd Capurso, Parks and Public Works
Director. for National Public Works Week
CLOSED SESSION REPORT
Judith Propp, Town Attorney
- Commented that Council met in Closed Session and took no reportable action.
TOWN COUNCIL
Council Matters
Council Member McNutt
- Commented that the deadlines for public comment submitted to Council is 3:00 p.m.
and that this rule must be emphasized so there is time enough for Council to receive
and review the information.
Mr. Larson
- Commented that staff is working on a proposal to Council regarding the issue
Council Member McNutt mentioned.
Council Member Pirzynski
- Commented that he attended a Valley Transportation Authority meeting regarding
transportation options for seniors.
Vice Mayor Leonardis
- Commented that he attended a West Valley Solid Waste Advisory Committee
meeting regarding contract discussions.
- Commented that the Committee would like to conduct community meetings to
discuss the changes to the contract and requested that an outreach meeting be held
in Los Gatos.
Manager Matters
Greg Larson, Town Manager
- Commented that there are five desk items
- Commented that Youth Commission and Transportation and Parking Commission
recruitment is ongoing.
- Commented that the Police Foundation is having a fundraiser.
- Introduced Melissa Huang, Assistant Civil Engineer, as the Rotating Talent.
- Commented that Mazarin Vakharia, Clerk Administrator and Deputy Town Attorney,
is leaving the Town for other employment.
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CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION)
Approve Council minutes of:
a. April 15, 2013
b. April 22, 2013 - Special Meeting
Planned Development Application PD -11 -006. Negative Declaration ND -11 -008.
Architecture and Site Application S -12 -098. Project Location: 219 Bean Avenue.
Property Owner: Roman Catholic Bishop of San Jose. Applicant: Jeffrey T. Berg,
AIA/Steinberg Architects. Adopt an Ordinance approving a Planned Development
Application to rezone from R -1 D and C -2 to R -1 D:PD to allow for the construction
of a new Jr. high school, modify existing school operations, and continue church
services and activities
3. Authorize the Town Manager to amend the planning center DC &E contract for the
- preparation of required environmental review documents for the Affordable
Housing Overlay Zone (AHOZ) program of the General Plan and Housing Element
4. Electric Vehicle Charging Stations - Parking Restrictions Authorize restricted
parking in parking stalls adjacent to Electric Vehicle Charging Stations
- Council Member McNutt pulled Item #4 from the Consent Agenda.
5. Santa Clara Valley Water District Grant Application Adopt resolution authorizing
the Town Manager to apply for and accept grant funds under the Clean, Safe
Creeks and Natural Flood Protection Program of 2000
- Council Member McNutt pulled Item #5 from the Consent Agenda.
6. PPW Job No. 12 -01 - Pageant Grounds Phase 3 Improvements - Renovations
411 -831 -1201 Authorize the Town Manager to execute a Certificate of
Acceptance and Notice of Completion accepting the work of Bearden Construction
Company, Inc. DBA CB Concrete Construction Inc. and authorize recording by the
Clerk Administrator
7. Chestnut Avenue Temporary Installation of Traffic Calming Devices Accept report
on the temporary installation of traffic calming devices for the Chestnut Avenue
neighborhood
- Ms. Quintana pulled Item #7 from the Consent Agenda.
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8. PPW Job No. 12 -13 - Pavement Rehabilitation - Crack Seal Project 411 -811 -9903
a. Authorize the Town Manager to execute a construction contract with S. Miller
Paving in an amount not to exceed $168,700.00
b. Authorize staff to execute future change orders to the construction contract as
necessary in an amount not to exceed $25,893.00
C. Authorize an expenditure budget adjustment reducing the Street Repair and
Resurfacing Program 411 -811 -990 and increasing the budget in the Pavement
Rehabilitation - Crack Seal Project 411 -811 -9903 in the amount of $28,680.00
9. Landscape & Lighting Assessment Districts 1 & 2
a. Adopt resolution preliminarily approving the Engineer's Report for Fiscal Year
2013/14
b. Adopt resolution of intention to order the levy and collection of assessments for
Landscape and Lighting No. 1- Blackwell Drive Benefit Zone
C. Adopt resolution of intention to order the levy and collection of assessments for
Landscape and Lighting District No. 1- Kennedy Meadows Benefit Zone
d. Adopt resolution of intention to order the levy and collection of Assessments for
Landscape and Lighting District No. 1 -Santa Rosa Heights Benefit Zone
e. Adopt resolution of Intention to order the levy and collection of assessments for
Landscape and Lighting District No. 1- Vasona Heights Benefit Zone
f. Adopt resolution of intention to order the levy and collection of assessments for
Landscape and Lighting District No. 1- Hillbrook Drive Benefit Zone
g. Adopt resolution of intention to order the levy and collection of assessments for
Landscape and Lighting District No. 2- Gemini Court Benefit Zone
- Ms. Sterne pulled Item #9 from the Consent Agenda.
10. Hazardous Vegetation Abatement (Brush)
a. Adopt resolution declaring hazardous vegetation (brush) a public nuisance and
providing for abatement
b. Set June 17, 2013 as a Public Hearing to hear protests on this annual program
MOTION: Motion by Council Member Marcia Jensen to approve consent
items 1,2,3,6,8, and 10.
Seconded by Council Member Joe Pirzynski
VOTE: Motion passed unanimously. Vice Mayor Leonardis
recused himself from Item #2.
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Pulled Consent Item #4
4. Electric Vehicle Charging Stations - Parking Restrictions - Authorize restricted
parking in parking stalls adjacent to Electric Vehicle Charging Stations
Council Member McNutt
- Expressed concern about setting aside number of spaces for long blocks of time for
one vehicle so she wanted to discuss this item.
Council Questions
- Questioned whether electric vehicles spaces are to be exclusive and suggested to
mark EV parking only and have time limits apply.
- Questioned whether the Town is providing parking or fuel stations
- Questioned if the proposal is a uniform policy for all stations or should there be
parking restrictions similar to the adjacent spaces?
- Expressed concern about creating parking privileges for electric vehicles.
Mr. Capurso
- Commented that the intent is to make six charging stalls electric vehicle parking
only.
- Commented that a couple of stalls are in areas with unrestricted parking times.
- Commented that the installation of stations makes Town already in the business of
providing fuel
- Commented that intent is not to create a third tier of parking time for electric
vehicles but rather to restrict electric vehicles to the time limitations as posted in the
particular parking lot.
Mr. Larson
- Commented on the staff recommendation, which is for six restricted electric vehicle
parking spaces which would inherit the adjacent time limits, but staff is also asking
for flexibility to vary the time limits as demand requires.
Opened the public hearing
Mr. McEvoy
- Expressed support for restricting parking to electric vehicles only while charging.
Mr. Calise
- Expressed support for restricting parking to electric vehicles only while charging.
Mr. Mekechuk
- Commented that Council should give staff flexibility to allow policy to evolve.
Closed the public hearing
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MOTION: Motion by Council Member Diane McNutt to adopt a resolution
(Attachment 1) to apply for and accept grant funds under the
Comprehensive Stewardship of the Clean Safe Creeks and Natural
Flood Protection Program of 2000.
Seconded by Council Member Joe Pirzynski
VOTE: Motion passed unanimously. -
Pulled Consent Item #7
7. Chestnut Avenue Temporary Installation of Traffic Calming Devices - Accept
report on the temporary installation of traffic calming devices for the Chestnut
Avenue neighborhood
Opened the public hearing
Ms. Quintana
- Expressed concern about traffic diversion and other issues associated with traffic
calming measures in the proposed project.
Closed the public hearing
Mr. Capurso
- Commented on the Town's traffic calming policy
- Commented that speed humps do not divert traffic, they slow it down
- Commented that installation of traffic calming devices is temporary, for 6 months to
a year, and then staff re- surveys
Council Questions
- Questioned how traffic surveys are conducted.
Mr. Capurso
- Commented that surveys are done with traffic hoses, which measure volumes and
average speeds
MOTION: Motion by Council Member Joe Pirzynski to accept report on the
temporary installation of traffic calming devices for the Chestnut
Avenue neighborhood
Seconded by Vice Mayor Leonardis.
VOTE: Motion passed unanimously.
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Pulled Consent Item #9
9. Landscape & Lighting Assessment Districts 1 & 2
Opened the public hearing
Ms. Stern
- Commented that the PG &E substation is not shielded by trees as agreed to by
PG &E
Mr. Larson
- Commented that staff will review this issue and contact Ms. Stern
Closed the Public Hearing.
MOTION: Motion by Council Member Joe Pirzynski to adopt the
resolutions in Attachments 1 through 7, to preliminarily adopt the
Engineer's Report and to collect and levy assessments in the
specified Landscape and Lighting Assessment Districts.
Seconded by Vice Mayor Leonardis.
VOTE: Motion passed unanimously.
VERBAL COMMUNICATIONS
- There were no verbal communications for this meeting.
PUBLIC HEARINGS
11. Conditional Use Permit Application U -13 -001. Property Location: 50 University
Avenue, Space A290. Property Owner: SRI Oldtown, LLC. Applicant: Tammy
Korte and Brian Learn Consider an appeal of a Planning Commission decision
denying approval of a formula retail apparel store (Lucy) in a commercial space
previously occupied by a formula retail bookstore (Borders) on property zoned C-
2:LHPD:P APN: 529 -02 -044
- Mayor Spector recused herself because of the location of the proposed project to
property she owns.
Erwin Ordonez, Senior Planner, presented the staff report.
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Opened the public hearing
Mr. Bryden, Ms. Dzedzy, and Mr. Sweetnam, Applicants
- Described the proposed project and encouraged Council to support it.
Closed the public hearing
Council Discussion
Commented that the formula retail ordinance applies
Commented that the balance of formula retailers versus independent retailers is
good at 80% independent and 20% formula and that this balance is not disturbed by
the proposed project because one formula business is replacing another.
Commented that it is not Council's role to determine that there are too many of a
certain type of retailer because that's for the marketplace to decide.
MOTION: Motion by Council Member Jensen to grant the appeal, make the
required findings, and approve the Conditional Use Permit
(Attachment 2) subject to the Conditions in Attachment 4.
Seconded by Council Member Joe Pirzynski
VOTE: Motion passed unanimously. Mayor Spector
recused herself because she owns property in the area.
ADJOURNMENT
The meeting adjourned at 8:39 p.m.
Attest:
Mazarin Vakharia, Clerk Administrator
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