1DRAFT Town Council Meeting 9/03113
Item # I
MINUTES OF THE TOWN COUNCIL /PARKING AUTHORITY MEETING
AUGUST 19, 2013
The Town Council of the Town of Los Gatos conducted a Regular Meeting on Monday,
August 19, 2013, at 7:00 P.M.
CLOSED SESSION
Closed session began at 6:00 p.m.
CONFERENCE WITH LABOR NEGOTIATOR
Conference with Legal Counsel - anticipated litigation
(Government Code Section 54956.9)
Significant exposure to litigation pursuant to California Government Code Section
- 54956.9 subdivisions (a), (d)(2), and (e)(3) regarding firearms regulations.
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
Taylor Barron, Louise Van Meter School, led the Pledge of Allegiance. The audience
was invited to participate.
PRESENTATION
Friends of the Library
- Marlene Rodman, Board President; Carol Hamilton, Past Board President; Rita
Baum, Board Member, and Alyce Parsons, Board Member, presented the Town
with a check in the amount of $1,800,000 from the Friends Capital Campaign for the
new Library.
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 Joe Pirzynski
- Commented that he attended a Cities Association Board meeting.
Council Matters - continued
Council Member Marcia Jensen
- Commented she attended the Policy Advisory Committee Meeting for VTA and the
Conceptual Development Advisory Committee (CDAC) meeting.
Mayor Barbara Spector
- Commented she attended the CDAC Meeting, General Plan Committee Meeting,
and North 40 Advisory Committee meeting.
Manager Matters
- Reminded everyone of the need for traffic safety given the start of school.
- Advised Los Gatos -Monte Sereno Police will be participating in the Avoid the 13
program through Labor Day.
- Advised two new police officers, Matt Kirby and Harold Hoyt, were sworn in.
- Advised the Community Garage Sale is scheduled for October 5 and the deadline to
register is September 8.
- Commented there are desk items for Consent Items 4,5,6 and 9, and Public
Hearings Items 10 and 11.
Did You Know...?
Henry Bankhead, Town Librarian
- Presented information on the new technology in the Library.
CONSENT ITEMS
Approve Council minutes of August 5, 2013
2. Accept FY 2012/13 Quarterly Investment Report (April through June 2013)
Authorize the Town Manager to execute an amendment to the Professional
Services Agreement with Innovative Claims Solutions, Inc., to extend the contract
for three years to perform Workers' Compensation Claims Administration
4. 2012 General Plan Annual Progress Report
5. Adopt a resolution extending the term limits and designating the Chair and Vice
Chair of the North 40 Advisory Committee for the completion of the North 40
Specific Plan
6. Adopt a resolution revising the Below Market Price (BMP) Housing Program
Guidelines Scoring Criteria
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Town Council /Parking Authority August 19, 2013
Consent Items — continued
7. Code Compliance Consulting Services
a. Authorize the Town Manager to execute an agreement with CSG
Consultants, Inc. to provide part -time Code Enforcement Services for the
Town
b. Authorize an expenditure budget adjustment in the amount of $40,000 in
the Code Compliance Program (3401- 62318)
8. Zone Change Application Z -13 -001. Project Location: 234 & 236 Los Gatos
Boulevard. Property Owner: Black Real Estate Investments, LLC. Applicant: Tony
Jeans/This Design Adopt an ordinance rezoning two properties from O to R -1 D.
APNS 532 -37 -060 & 081 ORDINANCE 2218
9. PPW Job No. 10 -10 Highway 9 /University Avenue Intersection Improvement
Project 813 -0202
a. Authorize the Town Manager to execute a construction contract with Granite Rock
Company dba Pavex Construction Division in an amount not to exceed $682,327
b. Authorize staff to execute future change orders to the construction contract as
necessary in an amount not to exceed $100,000
C. Authorize the Town Manager to execute an. amendment to the Agreement for
Consultation Services with BKF Engineers, Inc., to provide construction support
services in an amount not to exceed $28,257
Council Member Diane McNutt pulled Item #6.
MOTION: Motion by Council Member Joe Pirzynski_to- approve the
Consent Items as recommended by Staff, including the Desk Items,
with the exception of Item #6.
Seconded by Council Member Diane McNutt.
VOTE: Motion passed unanimously.
VERBAL COMMUNICATIONS
No one came forward.
Town Council /Parking Authority August 19, 2013
PUBLIC HEARINGS
Pulled Consent Item #6
6. Adopt a resolution revising the Below Market Price (BMP) Housing Program
Guidelines Scoring Criteria
Council Comments:
- Scoring criteria for first responders is unclear.
Opened and closed the public hearing at 7:27 p.m.
No one came forward
MOTION: Motion by Council Member Marcia Jensen to continue to another
date to enable staff to present clearer language.
Seconded by Council Member Diane McNutt.
VOTE: Motion passed unanimously.
10. Conditional Use Permit Application U -13 -014. Project Location 16212 Los Gatos
Boulevard. Property Owner: 16212 Los Gatos Boulevard LLC. Applicant: Joseph
Prang and Christine Tran. Consider a request of approval on a Conditional Use
Permit (CUP) for a retail wine, beer, and distilled spirits shop with tastings on
property zoned CH APN 523 -06 -010 RESOLUTION 2013 -033
Marni Moseley, Associate Planner, presented the staff report
Council Members questions to staff:
- Categorization of the business.
- Number of outdoor tastings and impact on neighbors.
- Amount of tastings allowed per patron.
- List of provided beverages prior to the event.
- Noise ordinance enforcement.
- Clarification of available seating in each area.
- Clarification if Council can mandate the designated parking spots for Yoga Source
be maintained as part of this approval.
- Clarification of what approval runs with the land and the meaning of the expiration
d ate.
- Clarification of the latitude that Council has to contain the next tenant and the
limitations that can be placed on the CUP.
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Town Council /Parking Authority August 19, 2013
Public Hearing #10 — continued
Staff response to questions raised by Council Members:
Ms. Moseley
- Clarified staff attempts to identify the use category based on the primary purpose of
the business.
- The applicant is only interested in limiting the number of outdoor tastings and their
potential impacts on the neighbors.
- Intent is to limit the amount of each type of beverage per patron.
- There is to be a defined set of beverages allowed for tastings provided prior to the
event.
- A condition of approval includes noticing of the neighbors which includes a local
phone number for someone immediately associated with the business to address
noise concerns rather than calling the police.
- Clarified there is no permanent seating; applicant may provide temporary seating
during tasting events.
- The number of tastings may be regulated by Council.
- Clarified the condition states each patron may be limited to no more than 10 ounces
per tasting event.
- Clarified the expiration date is standard and relates to when the use is vested;
subsequently, the CUP then runs with the land.
Greg Larson, Town Manager
- Suggested adding 'per day" and strike the "and" between beer and wine.
- Clarified the desk item states "notify the occupants of the adjacent residences by
mail," but the original application does not say by mail
Judith Propp, Town Attorney
- Clarified requiring this project to maintain designated parking for adjacent
businesses is beyond the scope of the application for this particular CUP but
Council could add comments indicating support for using any excess parkingfor
adjacent businesses.
Clarified whatever Council adds to the CUP is what the next tenant would have to
abide by without getting a new CUP
Clarified Council could define and limit wines, beers, distilled spirits; limit the
number of tastings; require the store offer certain types or regions of wines
Clarified Council has wide discretion to tailor the CUP with descriptive terms that
limit it to this type of business.
Presentation by applicants, Joe Prang and Christine Tran
Town Council /Parking Authority August 19, 2013
Public Hearing #10 — continued
Council Members questions to Applicants
- Questioned if applicant intends to maintain designated parking for Yoga Source.
- Questioned how applicant will comply with 10 -day advance notice of tastings.
- Questioned if applicants are agreeable to the conditions, including changes by
staff in the Desk Item.
Applicant's response to questions raised by Council Members
- Clarified it is their intent to maintain the parking for Yoga Source.
- Clarified they have a monthly listing of tastings they will provide and will also email
notifications of special events.
- Clarified they are agreeable to the conditions, including the changes in the Desk
Item.
Opened the Public Hearing at 7:44 p.m.
Crystal Lopez
- Spoke in favor of the application.
Josh Mix
- Spoke in favor of the application.
Lorraine Loren
- Spoke in favor of the application.
Horst Brenner
- Spoke in favor of the application
Kenneth Knox
- Spoke in favor of the application.
Steve McGrath
- Spoke in favor of the application.
Mark Garrett
- Spoke in favor of the application.
Marlene Rodman
- Spoke in favor of the application.
Closed the Public Hearing at 8:27 p.m.
Town Council /Parking Authority August 19, 2013
Public Hearing #10 — continued
MOTION: Motion by Council Member Joe Pirzynski to accept the Planning
Commission's findings and recommendations in the form of
meeting minutes in Attachment 7; Make the required findings
(Attachment 1) and approve the Conditional Use Permit with the
modifications made in the Desk Item, with further modification to
allow email notification and to strike the word "and" include the
wording "per public tasting" in Condition 6.
Seconded by Council Member Marcia Jensen.
VOTE: Motion passed unanimously.
11. Regulation of Single -Use Carryout Bags
a. Adopt a resolution determining the Program Environmental Impact Report
prepared by the County of San Mateo for the Reusable Bag Ordinance be found
adequate for the Town of Los Gatos action; and adopting the California
Environmental Quality Act findings of fact for addition of'Chapter 11.40 to the
Town of Los Gatos Municipal Code regarding single -use carryout bags
RESOLUTION 2013 -034
b. Introduce an ordinance of the Town of Los Gatos to add a new section 11 to the
Town of Los Gatos Municipal Code entitled single -use carryout bags
Christina Gilmore, Assistant to the Town Manager, gave the staff report
Opened the Public Hearing 8:48 p.m.
Ally Sandman and Ella Glechowski
- Spoke in favor of the ordinance.
Nicole Vierra
- Spoke in favor of the ordinance.
Cynthia Palacio, Senior Analyst, City of Mt. View Public Works Recycling
- Spoke on Mt View's experience on adoption of the plastic bag ordinance
Council question of Ms. Palacio:
- Questioned if Mt. View has had any experience or done any research on shoplifting
since adoption of the ordinance.
Town Council /Parking Authority August 19, 2013
Public Hearing #11 - continued
Ms. Palacio
- Stated they haven't noticed an increase in shoplifting that she is aware of and hasn't
received any complaints from retailers.
Lynne Dickerson
- Spoke in favor of the ordinance.
Lindsey Kubo and Rosalie (no last name given)
- Spoke in favor of the ordinance.
Kathy Morgan
- Spoke in favor of.the ordinance.
Karen Johnson
- Spoke in favor of the ordinance.
Joseph Sze
- Spoke against the ordinance.
Dean Peterson, Director of Environmental Health of San Mateo County
- Spoke in support of the regional effort to develop a consistent ordinance.
Ronald Meyer
- Spoke against the ordinance.
Jim Fox
- Spoke against the ordinance.
Brad Hunt
- Spoke in favor of the ordinance.
Don Williams
- Spoke against the ordinance.
Robbie Biller
- Spoke against the ordinance.
Jerry McCoy
- Spoke against the ordinance.
Rachel Gibson, Santa Clara Valley Water District Office of Government Relations
- Spoke in favor of the ordinance.
Closed the Public Hearing at 9:33 p.m.
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Town Council /Parking Authority August 19, 2013
Public Hearing #11 — continued
Council Members questions of Staff
- Questioned how the Town intends to enforce the fee collection by retailers.
- Questioned if there will be a penalty if they choose not to participate.
- Questioned how the Town is able to dictate to a business what they can charge.
- Questioned what kind of outreach to businesses was done.
Staff response to questions raised by Council Members:
Ms. Gilmore
- Clarified there is a penalty schedule included in the ordinance.
- Clarified it is the intent of the Town to have enforcement be complaint based.
- Clarified the Town did not conduct any surveys, but sent notifications to all Los
Gatos retailers, held two retailer outreach meetings, and one community outreach
meeting.
Ms. Propp
- Clarified this issue has been litigated in court and the courts upheld the charge; the
payment goes to the retailer; it is not imposed by the government and is not retained
by government.
- Clarified there is a long standing practice for government to regulate private
economic activities.
MOTION: Motion by Council Member Joe Pirzynski to waive the reading of
the ordinance.
Seconded by Council Member Diane McNutt.
VOTE: Motion passed 411. Vice Mayor Steven Leonardis voted no.
Shelley Neis, Deputy Clerk, read the title of the ordinance.
MOTION: Motion by Council Member Joe Pirzynski to introduce the
ordinance regulating single -use carryout bags and instruct the Clerk
to publish a summary no more than five days prior to the adoption
and to adopt a resolution for the CEQA review.
Seconded by Council Member Diane McNutt.
VOTE: Motion passed 411. Vice Mayor Steven Leonardis voted no.
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Town Council /Parking Authority August 19, 2013
OTHER BUSINESS
ADJOURNMENT
Meeting adjourned at 9:58 p.m.
Submitted by: Attest:
Shelley Neis, Deputy Clerk Kim Marie Smith, Interim Clerk Administrator
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Town Council /Parking Authority August 19, 2013