1DRAFT Town Council Meeting 01/21/14
Item # I
MINUTES OF THE TOWN COUNCIL/PARKING AUTHORITY MEETING
DECEMBER 16, 2013
The Town Council of the Town of Los Gatos conducted a Special Meeting on Monday,
December 16, 2013, to hold a Closed Session at 5:00 p.m., a Study Session at 6:00
p.m., and a Regular Meeting at 7:00 p.m.
CLOSED SESSION
Closed session began at 5:00 p.m.
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)(1)
CONFERENCE WITH REAL PROPERTY NEGOTIATOR
(Government Code Section 54956.8)
Properties: 4 New York Avenue, APN: 529 -27 -024
Negotiating parties:
• Town of Los Gatos (Negotiator: Greg Larson, Town Manager)
• Los Gatos - Saratoga Union High School District (Negotiators: Bob Mistele and
Tom Woodruff)
Under negotiation: Price and terms of potential sale or payment of lease
STUDY SESSION
Study Session called to order at 6:00 p.m.
ROLL CALL
Present: Mayor Steven Leonardis, Vice Mayor Marcia Jensen, Council Member Joe
Pirzynski, Council Member Diane McNutt, Council Member Barbara Spector.
Absent: None
Christina Gilmore, Assistant to the Town Manager, presented the staff report.
Opened public comment at 6:24 p.m.
Martin Stuczynski
- Commented on supporting a ban on leaf blowers.
Closed public comment at 6:26 p.m.
Council direction to staff
• Return to Council with an ordinance amendment that includes the following:
- Ban the use of gas powered leaf blowers in any zone
- Limit hours in residential and commercial zones
- Prohibit use of any leaf blowers on Sundays and holidays
- Prohibit leaf blowers over 65 decibels
Study Session — continued
• Once the ordinance is adopted, implement a six -month soft enforcement effort
including warning notices or letters, prior to issuing fines
• In collaboration with other jurisdictions, pursue a leaf blower exchange program with
Bay Area Air Quality Management District (BAAQMD) that will not incur any
expenses for the Town.
• Develop a plan for banning electric leaf blowers on winter and summer "Spare the
Air" days.
• Develop a communication program to inform the public before and after the
ordinance is adopted.
STUDY SESSION ADJOURNED
Study session adjourned at 6:50 p.m.
BUSINESS MEETING CALLED TO ORDER
Business Meeting called to order at 7:00 p.m
ROLL CALL
Present: Mayor Steven Leonardis, Vice Mayor Marcia Jensen, Council Member Joe
Pirzynski, Council Member Diane McNutt, Council Member Barbara Spector.
Absent: None
PLEDGE OF ALLEGIANCE
Bob and Pat Jones led the Pledge of Allegiance. The audience was invited to
participate.
APPOINTMENTS TO BOARDS, COMMISSIONS, AND COMMITTIEES
• Arts and Culture Commission
o Brian Bernasconi was appointed.
o Dennise Carter was re- appointed.
o Dawn Rose was appointed.
Community and Senior Services Commission
• Evelyn Mitsunaga was appointed.
• Janeen Pratt was re- appointed.
• Lily Sarafan was re- appointed.
• Library Board
o Thomas Atkinson was re- appointed.
Town Council /Parking Authority December 16, 2013
Appointments to Boards, Commissions, and Committees — continued
• Parks Commission
• Eric Fox was appointed.
• Sandy Gordon was re- appointed.
• Rob Rennie was re- appointed.
• Personnel Board
• Lisa Aguiar was appointed.
• Rick Tinsley was appointed.
• Planning Commission
• Mary Badame was appointed.
• Kendra Burch was re- appointed.
• Transportation and Parking Commission
o Natalie Ladd was appointed.
o Morgan Slain was appointed.
Council Discussion
Council directed the Clerk Administrator to conduct recruitments for all vacant positions.
Mayor Leonardis congratulated all who were appointed and thanked the other
candidates for applying and invited them to apply again in the future.
PRESENTATION
Victim Services Unit Award by the International Association of Chiefs of Police
- Mayor Steven Leonardis presented the first place in the small cities category award
for excellence in victim services to the team: Kathy Williams, VSU lead, Fariba
Soroosh and Mary Badame, VSU Team members, Captain Mike D'Antonio,
Sergeant Clint Tada, Captain Matt Frisby, Chief Scott Seaman.
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 Barbara Spector attended the Community Development Advisory
Committee meeting.
Council Member Joe Pirzynski attended the Metropolitan Transportation Authority
meeting and chaired the Valley Transportation Authority Board of Directors meeting.
Town Council /Parking Authority December 16, 2013
Council Matters — continued
Mayor Steven Leonardis attended the West Valley Solid Waste Management Authority
and West Valley Sanitation District meetings.
Manager Matters
- The final Downtown Holiday Stroll is Thursday, December 19.
- The Civic Center will be closed December 23 through January 1. Police dispatch,
patrol and Parks and Public Works will provide standard evening and weekend
coverage. The Library will be open both weekends of the closure (December 21 &
22 and December 28 & 29).
- New digital parking enforcement program will be implemented beginning January 6,
2014.
CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION)
Approve Council minutes of:
a. December 2, 2013
b. December 9, 2013 Special Meeting
Adopt Council Committee Appointments effective January 2014
Reaffirmation of the Los Gatos Town Council Code of Conduct Policy
4. Accept report on Affordable Housing Overlay Zone (AHOZ) Design Guidelines
5. Fiscal Year 2013/14 First Quarter Budget Performance and Status Report for the
period July 1, 2013 - September 30, 2013 Accept 2013/14 First Quarter Budget
performance Status Report
6. Public Hearing to introduce an ordinance repealing Chapter 6, Building
Regulations, and Chapter 9, Fire Prevention and Protection, of the Town of Los
Gatos Municipal Code and adopting and amending new 2013 California Building
and Fire Codes
PPW Job No. 13 -31 Almond Grove Street Rehabilitation Project 811 -0003
a. Authorize the Town Manager to execute a Consultant Design Services
Agreement with Nichols Consulting Engineers for the Almond Grove Street
Rehabilitation Project in an amount not to exceed $298,500
b. Authorize staff to execute future change orders to the Consultant Design
Services Agreement as necessary in an amount not to exceed $30,000
Town Council /Parking Authority December 16, 2013
Consent Items — continued
Greg Larson, Town Manager, advised Item #4 will be dropped from the agenda with
Council action and will be brought back at a later date.
Shelley Neis, Interim Clerk Administrator, read the title of the ordinance for Item #6.
Mayor Steven Leonardis stated he would recuse himself from Item #7.
MOTION: Motion by Vice Mayor Marcia Jensen to approve the consent
items minus Item #4, with corrections in the Desk Item for Item #1 a.
Seconded by Council Member Joe Pirzynski.
VOTE: Motion passed unanimously for Items 1 -3 and 5 -6.
Motion passed 4/0 on Item #7. Mayor Steven Leonardis
recused.
VERBAL COMMUNICATIONS
John Shepardson
- Thanked Council Members Pirzynski
Manager Larson for the response to
Albright lawsuit.
OTHER BUSINESS
and McNutt for meeting with him, thanked
his letter on homelessness, and spoke on the
8. Authorize Town Manager to execute an agreement with Santa Clara Stadium
Authority and City of Santa Clara that sets forth terms and conditions under which
Town Police Officers may be authorized to work as Reserve Officers for the City of
Santa Clara at the new Levi Stadium
Scott Seaman, Chief of Police, presented the staff report.
Opened and closed the Public Hearing at 7:36 p.m.
Council discussed the matter.
MOTION: Motion by Council Member Joe Pirzynski to authorize the Town
Manger to execute an agreement with Santa Clara Stadium
Authority and City of Santa Clara that set forth terms and conditions
under which Town Police Officers may be authorized to work as
Reserve Officers for the City of Santa Clara at the new Levi
Stadium.
Seconded by Council Member Diane McNutt.
Town Council /Parking Authority December 16, 2013
Other Business Item #8 — continued
VOTE: Motion passed 4/1. Vice Mayor Marcia Jensen voted no.
Mayor Leonardis presented a parting gift to retiring Town Attorney Judith Propp.
PUBLIC HEARINGS
9. Architecture and Site Application S -13 -050, Conditional Use Permit Application U-
13 -020. Project Location: 16268 Los Gatos Boulevard. Property Owner: Fox
Creek Fund, LLC. Applicant: Gary Kohlsaat. Appellant: Marshall Smith. Consider
an appeal of a Planning Commission decision approving the demolition of an
existing commercial building and construction of a new commercial building on
property zoned C -1. APN 532 -06 -060
Suzanne Avila, Senior Planner, presented the staff report.
Opened the Public Hearing at 8:03 p.m.
Marshall Smith, appellant, spoke on the project.
Joe Piazza
- Commented in support of the project.
Gary Kohlsaat, applicant, spoke on the project.
Helen Pastorino
- Commented on the professionalism of the project.
Robert Burba
- Commented in support of the project.
Marshall Smith, appellant
- Spoke in response to comments made.
Gary Kohlsat, applicant
- Spoke in response to comments made.
Closed the Public Hearing at 8:39 p.m.
Council discussed the matter.
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Town Council /Parking Authority December 16, 2013
Public Hearing Item #9 — continued
MOTION: Motion by Vice Mayor Marcia Jensen to grant the appeal and
remand to Planning Commission with specific direction to consider
reducing the square footage, and /or consider a set -back building so
the visual continuity is maintained. Council Member Barbara
Spector requested amendment to the motion: that staff include in
the staff report to the Planning Commission the issues raised about
commercial guidelines and consider a variance to the rear set back.
Seconded by Council Member Barbara Spector.
VOTE: Motion passed 4/1. Council Member Diane McNutt voted no.
OTHER BUSINESS
10. Discuss Council interest in moving regular Town Council meeting days from
Mondays to Tuesdays
Pamela Jacobs, Assistant Town Manager, presented the staff report.
Council discussed the matter.
MOTION: Motion by Mayor Steven Leonardis to move council meetings to
Tuesdays starting January 2015.
Seconded by Council Member Marcia Jensen.
VOTE: Motion passed unanimously.
ADJOURNMENT
The meeting adjourned at 9:06 p.m.
Attest:
Shelley Neis, Interim Clerk Administrator
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Town Council /Parking Authority December 16, 2013
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