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1DRAFT Town Council Meeting 8119113 Item #1 MINUTES OF THE TOWN COUNCIL /PARKING AUTHORITY MEETING AUGUST 5, 2013 CLOSED SESSION Closed session began at 5:15 p.m. CONFERENCE WITH LABOR NEGOTIATOR (Government Code Section 54957.6) To meet with Town Negotiators listed below in closed session pursuant to Government Code §54957.6 regarding negotiations with the Employee Organizations listed below: Town Negotiators (Lead): Rumi Portillo, Human Resources Director /Greg Larson, Town Manager Employee Organization(s): American Federation of State, County and Municipal Employees (AFSCME); Police Officers' Association (POA); Town Employees Association (TEA); Confidential Employees; Management Employee STUDY SESSION The Town Council of the Town of Los Gatos conducted a Special Meeting to hold a study session on Monday, August 5, 2013 at 6:00 P.M. Council discussion on the regulation of leaf blowers. Opened the public hearing at 6:29 p.m. Ms. Quintanna - Spoke in favor of a ban. Closed the public hearing at 6:32 p.m. Council direction to staff - Provide more information on the experience of other cities with restrictions, including Palo Alto, Los Altos, Carmel, Santa Monica, and Beverly Hills; - Provide information on options to limit the number of hours, decibels, and /or gas leaf blowers, and to apply restrictions to commercial properties; - Provide information on educational options and exchange programs. STUDY SESSION ADJOURNED Study session adjourned at 6:50 p.m. The Town Council of the Town of Los Gatos conducted a Regular Meeting on Monday, August 5, 2013 at 7:00 P.M. MEETING CALLED TO ORDER The meeting called to order at 7:00 p.m. ROLL CALL Present: Mayor Barbara Spector, Vice Mayor Steven Leonardis, Council Member Joe Pirzynski, Council Member Diane McNutt, and Council Member Marcia Jensen. Absent: None. PLEDGE OF ALLEGIANCE Camryn Borg, Union Middle School, led the Pledge of Allegiance. The audience was invited to participate. PRESENTATION Tobacco Free Coalition of Santa Clara County - Dr. Roger Kennedy, Co -Chair of the Tobacco Free Coalition of Santa Clara County, introduced Carol Baker, Co- Chair, to present a Certificate of Recognition for outstanding leadership in reducing the burden of tobacco use and protecting the public's health by passing strong tobacco prevention policies. CLOSED SESSION REPORT Judith Propp, Town Attorney, stated that Council met in Closed Session as duly noted on the agenda, no action was taken. COUNCIL /TOWN MANAGER REPORTS Council. Matters Council Member Steve Leonardis attended Santa Clara County Water District meeting. Council Member Joe Pirzynski attended Valley Transportation Board of Directors meetings. Mayor Barbara Spector attended the North40 Advisory Committee meeting and Council Policy Committee meeting. Manager Matters - Introduced Kim Smith, Interim Clerk Administrator. - New Art in the Council Chambers (AICC) show is a retrospective of work by Peter Carter. A reception is scheduled for September 4 at 6 p.m. - Taste of Los Gatos, the annual event for the Police Foundation, is scheduled for Sunday, September 8. - Screen on the Green is scheduled for September 27, in Oak Meadow Park; the movie will be Brave. Town Council /Parking Authority August 5, 2013 CONSENT ITEMS 1. Approve Council minutes of June 17, 2013. 2. Accept report on Town Manager approved actions during Council Recess. 3. Appoint Council Member Joe Pirzynski as the Town's voting delegate for the League of California Cities Annual Conference scheduled for September 18 -20, 2013 in Sacramento, California. 4. Appointment of Student Commissioners. 5. Adopt Ordinance adding a new section XII to Chapter 14 to the Town Code titled "Firearms Dealers - Sale of Firearms and Ammunition" to require a permit process for the sale of firearms, ammunition, and /or explosive devices. ORDINANCE 2217 6. Authorize Town Manager to execute a lease agreement with the Friends of the Library for a portion of the former library space at the Civic Center. 7. PPW Job No. 13 -23 - FY 2013/14 - Curb, Gutter, and Sidewalk Replacement Project 813 -9921 Approve plans and specifications for the curb, gutter, and sidewalk replacement project and authorize staff to advertise the project for bid. 8. PPW Job No. 13 -01- Pedestrian Bridge to Sports Park Project 831 -4402. Authorize the Town Manager to execute a professional design services contract with Biggs Cardosa Associates, Inc. in an amount not to exceed $87,000. 9. PPW Job No. 13 -22 - Hillside Road Repair and Resurfacing Project 811 -0007. a. Authorize the Town Manager to execute a construction contract with S. Miller Paving in an amount not to exceed $104,500. b. Authorize staff to execute future change orders to the construction contract as necessary in an amount not to exceed $34,200. c. Authorize the Town Manager to execute an agreement with the County of Santa Clara related to Foster Road improvements. 10. PPW Job No. 13 -06 - Civic Center Deck Repairs & Waterproofing Project 821 -2107. a. Authorize the Town Manager to execute a construction contract with Water Proofing Associates in an amount not to exceed $68,648. b. Authorize staff to execute future change orders to the construction contract as necessary in an amount not to exceed $6,000. c. Authorize a budget adjustment in the amount of $14,648 for project 821- 2107, Civic Center Deck Repairs and Waterproofing, from available fund balance in the facilities maintenance fund. 3 Town Council /Parking Authority -August 5, 2013 Consent Items — continued Council Member Question to Staff: - Requested clarification on the funding for item #9. Staff response to question raised by Council Member: Greg Larson, Town Manager - Clarified that the Desk Item identifies the change in the funding source. Ms. Quintana pulled Item #1 from the Consent Agenda. Mr. Loughridge pulled Item #3 from the Consent Agenda. Ms. Williams pulled Item #5 from the Consent Agenda. MOTION: Motion by Vice Mayor Steven Leonardis to approve the consent items with the exceptions of 1, 3 and 5, inclusive of desk items. Seconded by Council Member Marcia Jensen. VOTE: Motion passed unanimously. Pulled Consent Item #1 1. Approve Council minutes of June 17, 2013 Ms. Quintana - - Requested changes to the minutes to more comprehensively reflect the statements by the public on the Albright project. Council Member Question to Staff: - Requested clarification on the "57 %" referenced in the minutes. Greg Larson, Town Manager - Staff does not feel the recommended changes are necessary as the minutes are a summary and the full comments are available on the video on the Town website. Pamela Jacobs, Assistant Town Manager - Clarified Mr. Van Nada's question was why the Town charges 57% of the amount for road impact fees that other cities charge. MOTION: Motion by Council Member Joe Pirzynski to approve the minutes with the modification to include "why the Town charges 57% of the amount for road impact fees that other cities charge" to Mr. Van Nada's comment. Seconded by Council Member Diane McNutt. VOTE: Motion passes 411. Council Member Marcia Jensen voted no. 4 Town Council /Parking Authority August 5, 2013 Pulled Consent Item # 3 3. Appoint Council Member Joe Pirzynski as the Town's voting delegate for the League of California Cities Annual Conference scheduled for September 18 -20, 2013 in Sacramento, California. Mr. Loughridge - Requested that Mr. Pirzynski not be the delegate for the Town. Mr. Larson - Clarified the topics to be discussed at the meeting and that no other council member notified the staff they were available to attend the meeting. MOTION: Motion by Council Member Diane McNutt to approve Item 3. Seconded by Vice Mayor Steven Leonardis. VOTE: Motion passed unanimously. Pulled Consent Item #5 5. Adopt Ordinance adding a new section XII to Chapter 14 to the Town Code titled "Firearms Dealers - Sale of Firearms and Ammunition" to require a permit process for the sale of firearms, ammunition, and /or explosive devices. ORDINANCE 2217 Ms. Williams - Stated the topic needs further public discussion and spoke in opposition of a fee being imposed on Templar. Mr. Guy - Stated concerns on several items in the ordinance. Mr. Shackelford - Spoke against the ordinance. Mr. Quon - Commented that it is unfair to have Templar be retroactively charged a fee MOTION: Motion by Council Member Marcia Jensen to adopt the ordinance adding a new section XIII to Chapter 14 of the Town Code to require a regulatory permit process for the sale of firearms and ammunition. Seconded by Council Member Diane McNutt. VOTE: Motion passed unanimously. 5 Town Council /Parking Authority August 5, 2013 VERBAL COMMUNICATIONS Ms. Ladd Requested the Council modify the rent control ordinance for Bay Tree Apartments. Ms. Huang, Menthal & Flavored Tobacco Addiction Prevention Work Group - Requested that the Town submit a resolution to the FDA to urge better regulation of products targeted towards youth. Mr. Roberts - Would like approval to spray paint cartoon cats on yellow caution signs. PUBLIC HEARINGS 11. Abatement of Hazardous Vegetation (Brush) a. Conduct Public Hearing to consider objections to hazardous Vegetation (brush) b. Overrule objections and order hazardous vegetation abatement (brush) Kevin Rohani, Town Engineer, presented the staff report. Opened and closed the Public Hearing at 7:52 p.m. MOTION: Motion by Vice Mayor Steven Leonardis to overrule the objections and order the hazardous vegetation abatement. Seconded by Council Member Joe Pirzynski. VOTE: Motion passed unanimously 12. Abatement of Hazardous Vegetation (Weeds) a. Conduct Public Hearing to consider the report of the County Agricultural Commissioner's office on the abatement of hazardous vegetation (weeds) for the 2012/13 season. b. Approve said Assessment Report. Kevin Rohani, Town Engineer, presented the staff report. Opened and closed the Public Hearing at 7:54 p.m. MOTION: Motion by Vice Mayor Steven Leonardis to accept the assessment report as noted in Attachment 1. Seconded by Council Member Joe Pirzynski. VOTE: Motion passed unanimously. Town Council /Parking Authority August 5, 2013 Public Hearings — Continued 13. Zone Change Application Z -13 -001. Project Location 234 & 236 Los Gatos Boulevard. Property Owner: Michael Black. Applicant: Tony Jeans/THIS Design. Consider a request for approval to rezone two properties from O to R -1 D. APNs 532 -37 -060 and -081. Jennifer Savage, Planner, presented the staff report. Opened the Public Hearing at 7:56 p.m. Mr. Black - Supports the findings in the staff report. Closed the Public Hearing at 7:57 p.m. MOTION: Motion by Vice Mayor Steven Leonardis to adopt the required findings in Attachment 1 and approve the zone change, waive the reading of the zone change ordinance, introduce the ordinance to effectuate the zone change, and to include acceptance of Planning Commission minutes and recommendations.. Seconded by Council Member Joe Pirzynski. VOTE: Motion passed unanimously. Shelley Neis, Deputy Clerk, read the title of the ordinance. • r Mayor Spector advised Item 14 would be heard at the end of the agenda. 14.Amendment to Town Council Agenda Format and Rule Policy to establish timelines for submission of information for and distribution of Agenda Packets, Addendums and Desk Items for Council meetings. Pamela Jacobs, Assistant Town Manager, presented the staff report. Council Members Questioned: - Timing of deadlines. Staff response to questions raised by Council Members: Mr. Larson - Clarified the 11:00 a.m. deadline for public comments is necessary to meet the deadline of 1 p.m. to provide Desk Items to the Council. Town Council /Parking Authority August 5, 2013 Other Business #14 — Continued Opened the Public Hearing at 9:06 p.m. Ms. Quintana - Requested a later time limit for public comment on day of meeting. Closed the Public Hearing at 9:09 p.m. MOTION: Motion by Council Member Joe Pirzynski to adopt amendment to Town Council Agenda Format and Rules Policy to establish timelines for submission of information for and distribution of Agenda Packets, Addendums and Desk items for Council Meetings.. Seconded by Council Member Diane McNutt.. VOTE: Motion passes 4/1. Council Member Marcia Jensen voted no. 15.Annual renewal of agreement for services with the Los Gatos Chamber of Commerce to manage the Town's Information Center and coordinate the Leadership Los Gatos Program (Continued from 6/17/13) Pamela Jacobs, Assistant Town Manager, stated that answers to Council questions were provided in the Desk Item and Addendum. Opened and closed the Public Hearing at 8:02 p.m. Council Members Questioned: - Why does staff believe provision of these services at the Civic Center would not Likely be as convenient or cost effective as the services historically provided by the Chamber of Commerce? - What are the differences in the services provided by the Chamber of Commerce, the Town, and the Economic Vitality manager? Staff responses to questions by Council: Ms. Jacobs - Clarified the convenience for downtown visitors and residents to go to the Chamber of Commerce, which also is open on some Saturdays. - Clarified the funds the Town provides to the Chamber of Commerce supplements other funds the Chamber of Commerce receives to provide these services; Town staff would not be able to provide the same level of services with the funds provided to the Chamber of Commerce. Town Council /Parking Authority August 5, 2013 Other Business Item #15 — continued - Clarified the difference in the services provided by the Chamber of Commerce, the Town and the Economic Vitality Coordinator. Council Member McNutt disclosed that her business is a member of the Chamber of Commerce, but has nothing to do with the running of the organization. MOTION: Motion by Council Member Diane McNutt to renew the contract with the Chamber of Commerce. Seconded by Council Member Joe Pirzynski. VOTE: Motion passed unanimously MOTION: Motion by Council Member Marcia Jensen to direct staff to work with the Chamber of Commerce to provide additional information as outlined by Council for the FY 2014 -15 budget. Seconded by Council Member Joe Pirzynski. VOTE: Motion passed unanimously 16.Adoption of a revised Height Pole and Netting Policy. RESOLUTION 2013 -032 Sandy Baily, Community Development Director, presented the staff report. Council Members Questioned: - Feasibility of requirement to show towers, spires, etc. - Length of time story poles are up. - Definition of "end of the appeal period." - Definition of active application. - Need for rendering on sign for single family homes. Staff responses to questions raised by Council Members: Ms. Baily - Clarified an exception may be requested if the architectural element is difficult. - Clarified the definition of an active permit. - Clarified that if a significantly modified application is submitted, staff could require the poles to come down. - Clarified the end of the appeal period is once the final decision has been made. 9 Town Council /Parking Authority August 5, 2013 Other Business Item #1.6 — continued Mr. Larson - Suggested giving staff discretion to require removal of poles for inactive applications, with a provision that the applicant can appeal that decision to Council. Opened the Public Hearing at 8:33 p.m. Mr. Shepardson - Suggested language for the policy. Ms. Quintana - Questioned if the exception requests going to Council would be heard under Other Business or a Public Hearing; questioned why story poles are not included as part of CEQA. Closed the Public Hearing at 8:39 p.m. MOTION: Motion by Vice Mayor Steven Leonardis to approve the revised Height Pole and Netting Policy, including Desk Item, Attachment 7, and staff modifications which include: Page 2 of Attachment 7, under Residential "If the project is appealed, the height poles and netting shall remain until final action is taken. If final consideration of the project is substantially delayed or the project substantially modified staff may direct removal or modification of the story poles; and new single family stand -alone construction is not required to provide a rendering on the sign. Council Member Joe Pirzynski withdrew second. The motion did not receive a second. MOTION: Motion by Council Member Diane McNutt to approve proposed language with inclusion of the additional sentence referring to how long story poles have to stay up, and changing Page 7 Section E sentence replacing "new single family new construction" with "single family remodel projects, are not required to have a rendering on the sign." Seconded by Council Member Marcia Jensen. VOTE: Motion passed unanimously. 10 Town Council /Parking Authority August 5, 2013 ADJOURNMENT Meeting adjourned at 9:21 p.m. Submitted by: Attest: /s/ Shelley Neis, Deputy Clerk /s/ Kim Marie Smith, Interim Clerk Administrator 11 Town Council /Parking Authority August 5, 2013 'PHIS IMAGE INTENTIONALLY DEFT BLANK