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April 7, 2014 MinutesDRAFT Town Council Meeting 4/21/14 Item # MINUTES OF THE TOWN COUNCIL /PARKING AUTHORITY MEETING APRIL 7, 2014 The Town Council of the Town of Los Gatos conducted a Regular Meeting on Monday, April 7, 2014, at 7:00 P.M. 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 Rebecca Armstrong led the Pledge of Allegiance. The audience was invited to participate. PRESENTATIONS Kevin Duggan, ICMA West Coast Regional Director, presented the ICMA Award for outstanding service and leadership as President to Cal -ICMA to Town Manager Greg Larson. COUNCIL/TOWN MANAGER REPORTS Council Matters - Council Member Joe Pirzynski stated he attended the Metropolitan Transportation Commission retreat and the Valley Transportation Authority Board of Directors meeting. - Council Member Barbara Spector stated she attended the Planned Development Ad Hoc Committee meeting and the Council Policy Committee meeting. - Vice Mayor stated she attended the Housing Element Advisory Board meeting and the West Valley Mayors meeting. Manager Matters - Introduced the new Assistant Town Manger /Community Development Director, Laurel Privetti, who will be joining the Town on May 5. - The next Housing Element Advisory Board meeting isThursday, April 10 at 7:00 p.m. in the Council Chambers. - Recruitment has begun for student commissioner to serve on the Youth Commission, Community and Senior Services Commission, and the Parks Commission and the deadline to apply is May 9. Did You Know...? Shelayne Hammack, Project Manager, presented information on Keep Los Gatos Beautiful month. CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION) 1. Approve Council minutes of: a. March 17, 2014 b. March 24, 2014 Special Meeting 2. Adopt resolution making determinations and approving the reorganization of territory designated as El Gato Lane No. 2, containing approximately .186 acres located at 15540 El Gato Lane. APN 523 -23 -021. File# AN14 -002 RESOLUTION 2014 -021 3. Adopt resolution setting the date for consideration of reorganization of an uninhabited area designated as Blossom Hill Manor No.13, approximately .41 acres located at 16400 Lilac Lane. APN: 523 -13 -025. File# AN13 -003 RESOLUTION 2014 -022 4. PPW Job. 13 -22 — Hillside Road Repair and Resurfacing Project 811 -0007 Authorize the Town Manager to execute a certificate of acceptance and Notice of Completion accepting the work on S. Miller Paving and authorize recording by the Clerk Administrator 5. Tree Trimming — Various Town Parks 831 -4603 a. Authorize the Town Manager to execute a construction contract with West Coast Arborist, Inc. for the purpose of tree trimming in an amount not to exceed $100,000 b. Authorize the Town Manager to extend this agreement annually, for up to two years,with the unit pricing per the contract, based on budget availability PPW Job No. 13 -28 — Retaining Wall Repairs Project 815 -9930 a. Authorize the Town Manager to execute a construction contract with Casey Construction, Inc., in an amount not to exceed $332,163 b. Authorize staff to execute future change orders to the construction contract as necessary in an amount not to exceed $40,000 Jeff Loughridge pulled Item #1 b MOTION: Motion by Council Member Barbara Spector to approve consent items #1 a, 2 - -6. Seconded by Vice Mayor Marcia Jensen. VOTE: Motion passed unanimously. Pulled Consent Item #1 b. Jeff Loughridge spoke on Item #1 b regarding the Construction Activity Impact Mitigation Fee. Town Council /Parking Authority April 7, 2014 Consent Items — continued MOTION: Motion by Council Member Diane McNutt to approve consent items #1 b. Seconded by Council Member Joe Pirzynski. VOTE: Motion passed unanimously. VERBAL COMMUNICATIONS Bryan Mekechuk - Complimented Ronee Nassi of the Chamber of Commerce for the Leadership Los Gatos program. PUBLIC HEARINGS Conditional Use Permit Application U -13 -025. Project Location: 165 Los Gatos Saratoga Road. Property Owner: Nicholas and Sueanne and Gera Applicant Alexander Hult. Consider a request to modify an existing Conditional Use Permit for a high turn over restaurant (Hult's) with beer and wine service to a quality restaurant with full liquor service and to modify their hours of operation on property zoned C -2. APN 529 -04 -083 RESOLUTION 2014 -022 Marni Moseley, Associate Planner, presented the staff report. Alexander Hult, applicant, spoke on the project. Opened the Public Hearing at 7:19 p.m. Ulf Vinneras - Spoke in favor of the project. David Guercio - Spoke in favor of the project. Sharon Mandell - Spoke in favor of the project. Cliff Olson - Spoke in favor of the project. Alexander Hult, applicant, addressed comments. Closed the Public Hearing at 7:29 p.m. Town Council /Parking Authority April 7, 2014 Public Hearing Item #7 — continued Council discussed the matter. MOTION: Motion by Council Member Barbara Spector to make the required findings in Attachment 1 and approve the Conditional Use Permit U -13 -025 as recommended by the Planning Commission; adopt a resolution of approval with recommended conditions for a Conditional Use Permit (CUP) to modify an existing CUP for a high turnover sit down restaurant with beer and wine service to a quality restaurant with full liquor service and to modify their hours of operation. Seconded by Vice Mayor Marcia Jensen. VOTE: Motion passed unanimously. 8. Zoning Ordinance Amendment A -13 -04 and Town Code Amendment regardinq Live Entertainment. Applicant: Town of Los Gatos a. Introduce Ordinance adopting amendments to Chapter 29 (Zoning Regulations) of the Town Code regarding entertainment b. Introduce Ordinance to Chapter 3 (Amusements) of the Town Code regarding a permit for live entertainment c. Adopt a resolution to amend the Alcoholic Beverage Policy Erwin Ordonez, Senior Planner, presented the staff report. Opened the Public Hearing at 8:11 p.m. Linda LeZotte - Commented on the idea of a separate entertainment permit and the CUP, and the definition of a bar. Candace Fowler - Spoke in favor of the permit on a case by case basis. Chris Wiley - Commented on a proactive code enforcement process. Larry Arzie - Commented on the parking intensification with an entertainment permit. Jeff Loughridge - Spoke in favor of separate processes that can be easily enforced. Town Council /Parking Authority April 7, 2014 Public Hearing Item #8 — continued Lee Quintana - Commented on the enforcement wording in the policies. Closed the Public Hearing at 8:39 p.m. Recess at 8:39 p.m. Meeting reconvened at 8:45 p.m. Council discussed the matter. MOTION: Motion by Vice Mayor Marcia Jensen to send the item to an ad hoc committee appointed by the Mayor to look at the existing Alcohol Policy (Exhibit A of Attachment 17 of the Desk Item) to consider removing the requirement for a separate entertainment process; consider adding or modifying definitions as patrons dine today; consider what it means for an intensification of use when these establishments are actually used verses by peak hour trips and how those consequences are addressed; consider how best to develop a responsive complaint process; consider time limits on response from staff or police department; consider noise devices that are available so the existing ordinance may be used to address noise complaints; consider how Section 5 of the existing policy may be modified for how many and what types of complaints trigger enforcement; whether fines would be appropriate, what point would consideration of revoking the permit be reached; and consider modification of a conditional use permit (CUP) verses a separate application in the context of the existing policy. Seconded by Council Member Joe Pirzynski. VOTE: Motion passed unanimously. OTHER BUSINESS There was no other business. ADJOURNMENT The meeting adjourned at 9:20 p.m. Attest: Shelley Neis, Interim Clerk Administrator Town Council /Parking Authority April 7, 2014 THIS PAGE INTENTIONALLY LEFT BLANK