The Town Council of the Town of Los Gatos conducted a Regular Meeting on Tuesday,

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1 DRAFT Town Council Meeting 8/ 19/ 14 Item # I MINUTES OF THE TOWN COUNCIL /PARKING AUTHORITY MEETING AUGUST 5, 2014 The Town Council of the Town of Los Gatos conducted a Regular Meeting on Tuesday, August 5, 2014, at 7: 00 P. M. CLOSED SESSION 5: 15 P. M. CS -1 PUBLIC EMPLOYEE PERFORMANCE EVALUATION Government Code Section 54957( b)( 1) 1 Title: Town Manager CS -2 CONFERENCE WITH LABOR NEGOTIATOR Government Code Section To meet with Town Negotiators listed below in closed session pursuant to Government Code regarding negotiations with the Employee organizations listed below: Town Negotiators ( Lead): Rumi Portillo, Human Resources Director Employee Organization: Police Officers Association ( POA) 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 Lindsay Theuringer led the Pledge of Allegiance. The audience was invited to participate. CLOSED SESSION REPORT Robert Schultz, Town Attorney, stated Council met in Closed Session as duly noted on the agenda and there is no report on Item CS -1. Council did not reach Item CS -2 and ii will be rescheduled to a later date. COUNCIL /TOWN MANAGER REPORTS Council Matters Council Member Barbara Spector stated she and Council Member Diane McNutt attended the Police Ad Hoc Committee Meeting. Council Member Barbara Spector requested an agenda item for the August 19 meeting for staff to report out on what the community can do during the water shortage.

2 Council Matters continued Council Member Joe Pirzynski stated he attended the League of California Cities Board of Directors and the Metropolitan Transportation Commission meetings; he attended the Alcohol and Entertainment Policy Ad Hoc Committee meeting with Mayor Leonardis. Council Member Joe Pirzynski requested an agenda item for a future meeting discuss traffic mitigation options for cut through traffic from Hwy 17 and 85. Mayor Steve Leonardis stated he attended the West Valley Sanitation District Board of Directors meeting and the swearing in of new Police Chief Matt Frisby. Mayor Leonardis introduced the new Chief of Police, Matt Frisby. Manager Matters Highlighted the new pages on the Town website: Code Compliance, Legal Notices under the Clerk, and a Pending Planning Projects page under Community Development. Announced that Los Gatos Leadership applications close on August 29 and applications may be found on the Chamber of Commerce website. Announced the Town -wide Garage Sale will be on October 4, and the deadline for signing up is September 7. CONSENT ITEMS ( TO BE ACTED UPON BY A SINGLE MOTION) 1. Approve Council Minutes of June 16, Adopt resolution certifying the June 3, 2014 Gubernatorial Primary Election and declaring the election results 3. Appoint Council Member Joe Pirzynski as the Town' s voting delegate and Town Attorney Rob Schultz as alternate for the League of California Cities Annual Conference scheduled for September 3-5, 2014 in Los Angeles, California 4. Accept report on Town Manager approved actions during Council recess 5. Authorize the Town Manager to execute a Second Amendment to Agreement for Consultant Services with Project Sentinel for Tenant/ Landlord Rental Dispute Resolution Services in an amount not to exceed $ 33, Zoning Code Amendment A Zero Emission Battery Electric Vehicles Applicant: Town of Los Gatos Adopt an Ordinance amending Chapter 29 (Zoning Regulations) of the Town Code regarding the sales, service, and repair of zero emission battery electric vehicles in the C -2, CH, and LM zones, and the definition of service stations

3 Consent Items continued Motion by Vice Mayor Marcia Jensen to approve the consent items. Seconded by Council Member Joe Pirzynski. Motion passed unanimously. Council Member Barbara Spector abstained on Item # 6. VERBAL COMMUNICATIONS Marshall Smith Requested the Town enter into a lease with the Los Gatos Youth Park so they can continue to maintain the area for the youth of Los Gatos. Jeff Loughridge Requested Council consider removing on- street parking and adding a bike lane on Los Gatos Blvd. Phil Knopf Commented on the potential sale of Town property where the Venue is located. Ed Stahl Commented on the potential sale of Town property where the Venue is located. Ken Cannizzaro Commented on the potential sale of Town property where the Venue is located. Lee Fagot Commented on the potential sale of Town property where the Venue is located. Anne Robinson Requested Council consider the increase in traffic when considering proposed development plans within the area of Lark, Winchester and Los Gatos Blvd. Jak Van Nada Commented the public should have the opportunity to comment on the North 40 EIR questions /answers; requested that Council budget for traffic count accountability studies after projects are completed; requested Council give the Planning Commission back some of its authority; would like to see a traffic warning sign put up at Lark Avenue stating travel times will increase if they cut through town. 3

4 PUBLIC HEARINGS 7. Hazardous Vegetation ( Weed Abatement Program) a. Conduct public hearing to consider the Assessment Report from the County Office of the Agricultural Commissioner for the 2014 Weed Abatement Program b. Adopt a resolution approving said assessment report Matt Morley, Director of Parks and Public Works, presented the staff report. Opened and Closed the Public Hearing at 7: 32 p. m. Motion by Vice Mayor Marcia Jensen to adopt the resolution approving the Assessment Report. Seconded by Council Member Joe Pirzynski. Motion passed unanimously. 8. Architecture and Site Application S -1.4_ Project Location: Albriaht Way. Property Owner: LG Business Park LLC. Application: Amv Dee ( Netflix Inc. Consider a request to construct an elevated pedestrian bridge between two commercial buildings on property zoned CM: PD. APNs , 045, 054, and 060. Joel Paulson, Planning Manager, presented the staff report. John Shenk, Applicant, spoke on the project. Opened the Public Hearing at 7: 47 p. m. Lee Quintana Commented on the location of the bridge, motion sensor lights on the bridge, and the current lighting level of the main building. John Shenk and Bob Giannini, applicant, addressed comments. Closed the Public Hearing at 7: 50 p.m. Council discussed the matter.

5 Public Hearing Item # 8 continued Motion by Council Member Joe Pirzynski to accept the Planning Commission' s recommendation and adopt a resolution to approve Architecture & Site application S , subject to conditions Attachment 4) and the development plans (Attachment 7) with the required findings ( Attachment 3) that: a) the potential environmental impacts of the proposed bridge are within the scope of environmental impacts analyzed in the Albright Office Park EIR and none of the events listed in Public Resources Code Section have occurred. Accordingly, no further CEQA process is required for this Architecture and Site application; b) the project is in substantial conformance with the Common Design Guidelines of the Commercial Design Guidelines; c) the Architecture and Site application is in substantial conformance with Planned Development Ordinance 2216 and the Albright Specific Plan; d) the considerations in review of an Architecture and Site application are all made as required by Section of the Town Code in reviewing this project. New Condition: The lighting for the bridge shall be evaluated following construction of the bridge. Should the lighting be determined to have an impact to adjacent properties, staff shall work with the property owner to reduce the lighting impacts to an acceptable level. Seconded by Council Member Diane McNutt. Motion passed unanimously. 9. Planned Development Application PD , General Plan Amendment GP , Environmental Impact Report EIR Project Location: 375 Knowles Drive. Property Owner: County Of Santa Clara. Applicant: KT Properties a. Consider Certification of an Environmental Impact Report and adoption of a Mitigation Monitoring and Reporting Program. b. Consider a request for a General Plan Amendment from public to office professional c. Consider a request for a Planned Development to demolish the existing building and to construct 33 Single - Family Residences on property zoned O. APN Joel Paulson, Planning Manager, presented the staff report. Mark Tersini, applicant, spoke on the project, Opened the Public Hearing at 8: 04 p. m.

6 Public Hearing Item # 8 continued Suzette Austin Roger Austin John Wytmans Jeff Loughridge Spoke against the project. Jo Greiner Nayan McNeill Michael Sullivan Ken King Expressed concern with the rezoning of the project. Steven Gossett CJ ( Carol) McCarthy Anne Robinson Spoke against the project Carolyn Moniz Glen Williams, Santa Clara County Asset Development Manager Spoke on the County' s surplus property process. Lee Quintana Requested Council consider the General Plan and zoning changes for what is the best use of the property. Town Council /Parking Authority 6 August 5, 2014

7 Public Hearing Item # 9 continued Maria Ristow Spoke against the project. Andy Wu Requested Council consider integrated circumstances when reviewing applications. Mark Tersini, applicant, addressed comments. Closed the Public Hearing at 8: 54 p.m. Council discussed the matter. Motion by Council Member Diane McNutt to rescind Resolution Seconded by Council Member Joe Pirzynski. Motion passed 3/ 2. Mayor Steven Leonardis and Vice Mayor Marcia Jensen voting no. Motion by Council Member Joe Pirzynski to adopt a resolution to certify the Environmental Impact Report ( EIR ) ( Attachments 1 and 2) and adopt the Mitigation Monitoring and Reporting Program ( Attachment 3). Seconded by Council Member Diane McNutt. Motion withdrawn. Motion by Council Member Joe Pirzynski to adopt a resolution to certify the Environmental Impact Report ( EIR ) ( Attachments 1 and 2) and adopt the Mitigation Monitoring and Reporting Program ( Attachment 3), make the required finding that the General Plan amendment ( GP ) is internally consistent with the existing goals and policies of the General Plan and its corresponding Elements (Attachment 12), and amend the General Plan to change the land use designation from Public to Office Professional; make the required finding that the zone change is internally consistent with the General Plan and its elements. Attachment 12) and approve the Planned Development application PD ) subject to the performance standards and development plans included in the Planned Development Ordinance ( Attachment 19), or as otherwise modified by the Town Council. Seconded by Council Member Diane McNutt.

8 Public Hearing Item # 9 - continued Motion failed 2/ 3. Mayor Steven Leonardis, Vice Mayor Marcia Jensen, and Council Member Barbara Spector voting no. Motion by Council Member Diane McNutt to continue the matter to the September 16 Council meeting with a request to receive information from El Camino Hospital and the County of Santa Clara. Seconded by Mayor Steven Leonardis. Motion passed 4/ 1. Council Member Barbara Spector voting no. Mayor Leonardis called a recess at 9: 59 pm Meeting reconvened at 10: 05 pm OTHER BUSINESS 10. Code Compliance Services a. Discuss the Town' s overall approach to Code Compliance services b. Provide direction on specific service options Laurel Prevetti, Assistant Town Manager /Community Development Director, presented the staff report. Opened Public Comment at 10: 17 p. m. Lisa Rhorer Commented on parking challenges, CUP process, and suggested the Town look at ways to support new and existing businesses. Natalie Ladd Commented on noise concerns near her residence. Colin Corbitt Requested that the website be updated when new ordinances are passed. Alex Hult Commented that the Town should concentrate on parking and bringing in business rather than concentrating on code enforcement. Closed the Public Comment at 10: 29 p. m. Council discussed the matter. s

9 Other Business continued Direction to staff- In recognition that it has been several years since the Town has had a full time Code Compliance Officer, the Council directed: Focus the new full time Code Compliance Officer and part time Community Service Officer on getting to know the Town and building relationships with its businesses and residents and report back to Council in four to six months; Acknowledge that Code Compliance is a partnership to help create community; Use the new performance standards to respond to complainants quicker; Bring back the proposed Policies and Procedures in a shortened, easy to read document; Continue to improve the website; Continue to issue warning letters on leaf blower concerns; Continue semi - annual code compliance reports to Council with more detail on the types of complaints; and Try the volunteer, remote noise monitoring pilot and do not issue noise monitors to other field staff. ADJOURNMENT The meeting adjourned at 10: 54 p. m. Attest: Shelley Neis, Clerk Administrator

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