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M06-18-071 MINUTES OF THE TOWN COUNCIL/PARKING AUTHORITY/REDEVELOPMENT AGENCY JUNE 18, 2007 The Town Council of the Town of Los Gatos conducted a Regular Meeting on Monday, June 18, 2007 at 7:00 P.M. TOWN COUNCIL/PARKING AUTHORITY/ REDEVELOPMENT AGENCY MEETING CALLED TO ORDER ROLL CALL Present: Mayor Joe Pirzynski, Vice Mayor Barbara Spector, Council Member Steve Glickman, Council Member Diane McNutt, and Council Member Mike Wasserman. Absent: None. PLEDGE OF ALLEGIANCE - LED BY FUTURE LEADER The Town of Los Gatos outgoing Youth Commissioners led the Pledge of Allegiance. The audience was invited to participate. CLOSED SESSION REPORT CONFERENCE WITH LABOR NEGOTIATOR (Government Code Section 54957.6) Employee Organization: Management Mr. Korb stated direction was given and no action was taken. PUBLIC EMPLOYMENT/PUBLIC EMPLOYEE APPOINTMENT PURSUANT TO (Government Code section 54957) Title: Interim Town Manager Mr. Korb stated that action will be taken as Consent Item #16. 2 PRESENTATIONS Commendations for Outgoing Youth Commissioners Reeta Banerjee Jonathan Berthet Ellen Rockdale Ashley yuki Hallie Barnes were present to receive commendations for their volunteer time on the Town of Los Gatos Youth Commission. The commissioners commented on their learning experience on the Youth Commission. Commendation - Joanne Johnson, Arts Commission Mayor Joe Pirzynski presented a commendation to Joanne Johnson for her volunteer time to the Arts Commission. Ms. Johnson thanked the Town and commented that was an honor to serve on the Arts Commission. Introduction Fire Chief Ken Waldvogel Mayor Jor Pirzynski introduced Chief Ken Waldvogel to the community as the new Fire Chief. Chief Walvogel Commented about the Santa Clara County Fire Department work plan and his commitment to serve the community. Town Manager Farewell Mayor Joe Pirzynski and the Council presented Debra Figone with a Town commendation and tile commemorating her service as Town Manager for the Town of Los Gatos. Ms. Figone thanked the Mayor, Council, the community, and staff for the opportunity to serve the Town. 3 TOWN COUNCIL CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION) 1. Ratify payroll for the month of May 2007. 2. Ratify accounts payable for the month of May 2007. 3. Accept staff recommendations on County Referrals. a. Projects Outside Urban Service Area: None. b. Projects Inside Urban Service Area: 16621 Kennedy Rd. c. Status of Previous Applications: None. 4. Ratify appointments of members to the Los Gatos Student Commissions as recommended by the Ad Hoc Council Sub- Committee. 5. Mobile Audio-Video Systems. a. Authorize the Town Manager to negotiate and execute an agreement with "Integrian" for the purchase of fourteen (14) mobile audio-video systems for the Police Department, in the amount not to exceed $100,000. b. Adopt resolution authorizing the destruction of MAV recordings after one year. RESOLUTION 2007-075 c. Authorize budgeted revenue and expenditures adjustment for Fiscal Year 07-08 in the amount of $10,000 for Association of Bay Area Governments (ABAG) reimbursement. 6. Massol Neighborhood Traffic Calming Project. a. Approve Massol temporary traffic calming proposal. b. Authorize expenditures up to $9,000 in traffic calming program funds (400-0208) for this project. 4 Consent Items – Continued 7. Adopt resolution authorizing Town Manager to enter into an agreement with West Coast Code Consultants, Incorporated and Shums Coda Associates for Building Permit Plan Check Consultant Services. RESOLUTION 2007-076 8. Adopt resolution approving a request to modify an existing Conditional Use Permit (Andale) to allow the service of full liquor on property zoned C-2 LHP. APN 510- 44-036. Conditional Use Permit U- 07-22. Property Location: 21 N. Santa Cruz Avenue. Property Owner/Applicant: Andale Properties. RESOLUTION 2007-077 9. Adopt resolution approving the Final Map for Tract No. 9910 - Bella Vasona (17005 and 17017 Roberts Road), accepting the dedications, and authorizing the Town Manager to execute the contract for public improvements. RESOLUTION 2007-078 10. Adopt resolution adopting the use of the National Incident Management System (NIMS). RESOLUTION 2007-079 11. Adopt resolution authorizing the Town Manager to execute a third amendment to the professional consultant services agreement with Geomatrix Consultant, Incorporated to extend the contract for one more year to perform geology and geotechnical peer review for private development projects. RESOLUTION 2007-080 12. Adopt resolution authorizing the Town Manager to execute a second amendment to the professional consultant services agreement with TJKM Transportation Consultants, incorporated to extend the agreement for one more year to perform traffic engineering consultant services on an on-call basis. RESOLUTION 2007-081 13. Adopt resolution authorizing the Town Manager to execute a second amendment to the contract agreement with Republic Electric to provide signal and street light maintenance services. RESOLUTION 2007-082 14. PPW Job No. 04-68 - Agreement for Design of the Roberts Road Bridge Improvements - Project 400-0568 Adopt resolution authorizing the Town Manager to execute an agreement to provide professional consultant services with Biggs Cardosa Associates, Incorporated for the design of the Roberts Road Bridge improvements in the amount of $253,200. RESOLUTION 2007-083 5 Consent Items - Continued 15. Adopt resolution authorizing the Town Manager to enter into a Provisionally Accredited Levee (PAL) Agreement with the Santa Clara Valley Water District which provides a 2-year period to re-certify the levee along the Los Gatos Creek on or before July 20, 2007. RESOLUTION 2007-084 16. Adopt resolution authorizing appointment of Pamela Jacobs as Interim Town Manager. RESOLUTION 2007-085 16a. Adopt resolution approving the Memorandum of Understanding between the Town of Los Gatos and AFSCME for the period July 1, 2007 through June 30, 2010 and authorize the Town Manager to execute the Memorandum of Understanding. RESOLUTION 2007-086 REDEVELOPMENT AGENCY 17. Ratify accounts payable for the month of May 2007. TOWN COUNCIL/REDEVELOPMENT AGENCY 18. Approve Council/Agency minutes of June 4, 2007. 19. Approve the 2007 Council/Commission Retreat Matrix. 20. Consider approving Town Council Meeting Schedule for 2007- 2008 Fiscal Year. 21. PPW Job No. 07-07 - Elm Street Rehabilitation Project Adopt resolution approving plans and specification of the Elm Street rehabilitation project and authorize staff to advertise the project for bid. RESOLUTION 2007-087 Council Member Steve Glickman recused himself from Consent Item #6 due to the location of his residence. Council Member Barbara Spector recused herself from Consent Item #21 due to the location of her residence. 6 Consent Items – Continued Mr. Davis pulled Consent Item #3b. Mr. Davis and Mr. Bannan pulled consent Item #6. Mayor Joe Pirzynski stated that pulled Consent Items #3 and #6 would be heard after Other Business this evening. MOTION: Motion by Vice Mayor Barbara Spector to approve Consent Items #1, 2, 3a and 3c, 4 and 5, and #7-21. Seconded by Council Member Mike Wasserman. VOTE: Motion passed unanimously. VERBAL COMMUNICATIONS Mr. Spilsbury  Commented on moving the proposed skate park location to the property located behind the Teen Center. Ms. Di Napoli  Commented about a petition circulated to stop the proposed skate park at Miles Avenue.  Requested that staff advertise the Miles parking lot on the Town website.  Stated that the Miles Avenue parking lot is a heavily used lot and that it should remain a public parking lot for the Town. Mr. Iverson  Commented against the location of the proposed skate park at Miles Avenue.  Would like to see Miles Avenue property remain a parking lot for public use.  Suggested supporting a skate park in a more visible place in Town. Mr. Voss  Commented that he recently visited other skate parks in the bay area and stated that each park had other family oriented activities as part of the skate park. Ms. Hope  Commented against the proposed skate park at the miles Avenue location.  Would like to see the parking lot remain a free lot for public parking in the downtown area.  Supports a skate park at a different location in Town. 7 Verbal Communications - Continued Mr. Davis  Commented about the lack of signs prohibiting children in diapers from playing in the Town Plaza Fountain.  Commented that he feels that there are 9 developable acres located at the Town owned property at Vasona Park. Ms. Figone  Commented that there is no direction from Council to place signs at the park.  Commented that the Santa Clara County Environmental Health Department will conduct another assessment of the fountain. Ms. Currie  Commented about the wonderful editorial in the weekly related to the skate park.  Commented that the Miles Avenue location is not an appropriate location.  Commented that there are too many trucks coming and going on Miles Avenue. Ms. Murphy  Commented on supporting a skate park at a different location in Town. Mr. Di Napoli  Stated that Miles Avenue parking lot is a widely used public parking lot for the downtown area. Mr. Murphy  Commented against the location of a skate park at Miles Avenue .  Commented that there are many trucks coming and going on Miles Avenue and it would be too dangerous for children. Mr. Byron  Clarified that there are approximately the same amount of parking spaces included in the proposed skate park plan.  Commented that the proposed plan includes traffic/vehicle mitigation measures. 8 Verbal Communications – Continued Ms. Stewart  Commented against a skate park at the Miles Avenue location.  Would like to see a skate park at a different location in Town.  Questioned who would be responsible regarding any liability issues relating to the proposed skate park location. Ms. Figone  Clarified the skate park site selection process. Closed Verbal Communications PUBLIC HEARINGS 22. Abatement of Hazardous Vegetation (Brush) Adopt resolution overruling objections and ordering hazardous vegetation abatement brush). RESOLUTION 2007-088 Staff report made by Kevin Rohani, Interim Director of Parks and Public Works. Open/Close Public Hearing Council Discussion MOTION: Motion by Council Member Steve Glickman to approve abatement of Hazardous Vegetation (Brush) Adopt resolution overruling objections and ordering hazardous vegetation abatement brush). Seconded by Vice Mayor Barbara Spector. VOTE: Motion passed unanimously. 23. Consider an appeal of a Planning Commission decision denying modification of an approved Architecture & Site application relating to grading and landscape improvements on property zoned HR- 2 ½. APN 537-24-013 Architecture and Site Application S-06-066. Property Location: 15350 Suview Drive Property Owner/Applicant/Appellant: Charles Hackett (continued from 6/4/2007). Staff Report made by Bud Lortz, Director of Community Development. 9 Public Hearing Item #23 – Continued Council Member Barbara Spector recused herself from Item #23 due to her association with the Hackett family. Opened Public Hearing Mr. Killian, Attorney  Commented that privacy was the goal of the pergola.  Commented that the neighbors are not opposed to the pergola and it is within the setback of the project.  Commented that the wall in the entryway wall "B" should remain since the Planning Commission had approved wall "A.”  Commented that wall "B" will provide privacy to the neighbors and the applicant.  Commented that the neighbors are not opposed to the additional entryway wall.  Commented that the applicant will abide by the Conditions of Approval by softening the wall with landscape and natural treatment.  Commented about the retaining walls located above the swimming pool.  Commented that the applicant agreed to build a fence adjacent to the neighbors’ property. Mr. Beaudoin  Commented on the design of the walls verses the use of fences for the proposed project.  Commented that Town staff recommended that the walls be faced with stone.  Commented that the sloped walls make a much better landscaping area.  Commented that the pergola will have grape vines for further privacy. Mr. Hackett, Applicant  Commented that the landscaping around the walls will provide a more natural character.  Commented on the soil and irrigation system for the proposed project.  Suggested that the pergola was built to give privacy to the neighbors. 10 Public Hearing Item #23 – Continued Mr. Gorovitz  Commented regarding the magnitude of the violation relating to the proposed project.  Stated that the retaining walls are over 8 feet tall.  Stated that he felt that if the pergola and retaining walls would have been submitted for approval that they would have been reject ed by the Planning Commission.  Commented that a 6 foot fence with vines could solve privacy issues.  Commented that the pergola hides the only view that he had left of Los Gatos downtown and downtown San Jose. Ms. Olson  Expressed support for the proposed project.  Commented about the recorded "view agreement" that they share with the Hackett family. Mr. Felix  Commented that the walls give privacy to his home and requested that Council support the project. Ms. Quintana  Commented that the guiding principles for landscaping are stated in the Hillside Standards and Guidelines.  Questioned if other options were analyzed regarding the retaining walls. Mr. Davis  Commented that he could not get through the private gate to view the property. Mr. Killian, Attorney  Clarified that the pergola does not impact Mr. Gorowitz’s view of any downtown areas.  Commented that the proposed project was available for public viewing.  Commented that all issues of concern to staff were addressed. Closed Public Hearing. 11 Public Hearing Item #23 – Continued Council Discussion  Commented that this is the seventh public hearing relating to 15350 Suview Drive, and would like to see a conclusion to the proposed project.  Commented that the pergola is a reasonable solution relating to the neighbor’s privacy issues. MOTION: Motion by Council Member Mike Wasserman to grant an appeal of a Planning Commission decision denying modification of an approved Architecture & Site application relating to grading and landscape improvements on property zoned HR- 2 ½. APN 537-24-013 Architecture and Site Application S-06-066. Property Location: 15350 Suview Drive Property Owner/Applicant/Appellant: Charles Hackett (continued from 6/4/2007). Motion to include the finding as required:  An issue or policy over which the Planning Commission did not have discretion to modify or address, but which vested in the Council for modification or decision.  Commented that this finding is related to the request for the exception of the arbor/pergola within the side setback. The reasons for granting the appeal include:  The arbor/pergola reasonably addresses privacy issues.  Wall "B" reasonably addresses vehicle headlights and privacy issues.  Retaining walls remain as approved by staff.  The applicant agreed to staff recommendations regarding the 6 foot fence and drainage system. Seconded by Council Member Steve Glickman. Council Discussion  Commented regarding applicant’s attempts to solve the privacy problems with his neighbors and approve the project.  Commented about the approval process associated with the Town’s Hillside guidelines. VOTE: Motion passed unanimously. Mayor Pirzynski called for a recess at 8:50 p.m. Meeting resumed at 8:55 p.m. 12 Public Hearings - Continued 24. Consider a request for approval to modify an existing Conditional Use Permit to allow service of beer and wine with meals (Main Street Burgers) on property zoned C-2. Property location: 20 S. Santa Cruz Avenue, Suite 200 File #U-07-142 Property owner: John Feece, Sierra Management Applicant: Ed Rathmann. Council Member Mike Wasserman recused himself from Item #24 due to the location of his residence. Staff report made by Bud Lortz, Director of Community Development. Council Comments  Clarified that the hours of operation would remain the same if the alcohol permit was granted.  Questioned the design of the outdoor seating as it relates to alcohol service. Mr. Lortz  Commented that the service of alcohol could be served at the table by an employee. Open Public Hearing Mr. Rathmann, Applicant  Commented on other restaurant establishments in the downtown area that serve beer and wine.  Commented about the customer base for Main Street Burgers.  Commented that he feels that there is a strong desire from his customers to serve beer and wine with a gourmet burger.  Commented on other establishments at Santana Row which serve beer and wine.  Commented on Main Street Burger's policy and work plan to keep alcohol out of the hands of minors.  Commented on the work plan by ABC to assure a seating plan regarding outdoor alcohol service. 13 Public Hearing Item # 24 – Continued Mr. Holden  Expressed support for the proposed application for beer and wine sales.  Commented about the integrity of the owner’s reputation regarding alcohol service. Mr. Jacobi  Expressed support for the proposed application for beer and wine sales at the establishment. Ms. Hope  Supports the application for beer and wine service at 20 N. Santa Cruz Avenue.  Commented about the integrity of the owners and their length of service in the community. Closed Public Hearing MOTION: Motion by Council Member Steve Glickman to approve a request for approval to modify an existing Conditional Use Permit to allow service of beer and wine with meals (Main Street Burgers) on property zoned C-2. Property location: 20 S. Santa Cruz Avenue, Suite 200 File #U-07-142. Property owner: John Feece, Sierra Management Applicant: Ed Rathmann. Motion to include:  Condition to keep the closing time at 10:00 p.m. Seconded by Council Member Diane McNutt. Council Discussion  Commented on the Town’s Alcohol Policy.  Suggested that the Planning Commission assess the current business owners/operators and the business structure.  Suggested the need for a more balanced policy to determine land use and alcohol applications. VOTE: Motion passed 4/0. Council Member Mike Wasserman recused. 14 OTHER BUSINESS 25. Report on audited cash balances and reserves. Staff report made by Debra Figone, Town Manager and Steve Conway, Director of Finance and Administrative Services. Staff Comments  Commented on the actual reserve balance for the Town of Los Gatos.  Commented about the categories and classifications the Town’s reserves.  Clarified the criteria that guides the restrictions and uses for restricted/obligated cash investments and designated reserves. Council Comments  Requested a clearer definition of the $14.3 million dollars in the designated reserve. Mr. Conway  Clarified that the designated reserve is considered discretionary and can be programmed for other purposes by a change in Council policy, which would have impacts on projects. Council Comments  Questioned the Town’s annual expenditures.  Clarified the $2.1 million dollars associated with the sewer asset proceeds.  Questioned if the Town has more than enough reserves to meet its needs.  Clarified the use of re-programming designated funds to meet the needs of other projects.  Questioned the capacity of the Redevelopment Agency funds. Mr. Conway  Commented about the future bonding capacity of the Town. Open Public Comments Mr. Davis  Commented about the new projector screen in the Council Chambers.  Commented that he feels that the Town is in great financial shape.  Questioned the donation from the Sobrato Project in the amount of $20,000 dollars for soccer fields. Closed Public Comments 15 Other Business Item #25 – Continued Council Discussion  Clarified that interest accrued is reflected as an income under cash on the balance sheet.  Commented that Netflix is the largest source of sales tax revenue for the Town’s General Fund.  Consensus to accept the report on audited cash balances and reserves. OTHER BUSINESS 26. Conclude feasibility period and proceed with purchase of the building at 15900 Los Gatos Boulevard. a. Adopt resolution of the Redevelopment Agency authorizing execution of a Cooperation Agreement with the Town of Los Gatos. RESOLUTION 2007-089 b. Adopt Joint Town/Redevelopment Agency resolution determining that the project is of benefit to the Town’s Redevelopment Agency Downtown project Area, no other undesignated fund reserves are available to the community, and that the improvements constructed will be serve the project area by maintaining public safety and eliminating blight. RESOLUTION 2007-090 c. Approve the mitigated negative declaration prepared for the project. d. Authorize Capital Project Budget adjustment in the amount of $7,685,468 for the Police services Building using funding source transfers to the Town’s Capital Project Fund as detailed in the fiscal impact section of this report. e. Adopt resolution of the Town of Los Gatos authorizing execution of a cooperation agreement with the Redevelopment Agency. RESOLUTION 2007-091 f. Authorize the Town Manager to conclude the feasibility period and proceed with the purchase of 15900 Los Gatos Boulevard in accordance with the purchase agreement with Verizon California, Incorporated. g. Direct that the Conditional Use Permit and Architecture and Site approval for the police services building. Staff report made by Randy Tsuda, Assistant Director of Community Development. 16 Other Business Item #26 - Continued Council Comments  Clarified on-site parking spaces for Options A and B.  Questioned if there is on-street parking available on Los Gatos Boulevard.  Questioned if there are concerns about the police department being located at separate facilities.  Questioned the cost to add a second story to the Verizon building. Chief Scott Seaman  Commented on the benefits and challenges of having the police operations split between 2 different locations. Mr. Tsuda  Commented on the cost to construct a second story.  Commented that the Town does not have the funding to add a second story to the facility at this time. MOTION: Motion by Vice Mayor Barbara Spector to conclude feasibility period and proceed with purchase of the building at 15900 Los Gatos Boulevard. Seconded by Council Member Mike Wasserman. Council Discussion  Requested that the maker of the motion amend the motion and add $4.5 million dollars to construct a second story at the Verizon Building to relocate the entire police department.  The maker of the motion did not concur since she feels that the funding is not available at the present time.  Commented on ideas to reduce noise associated with the K -9 dogs and in and out traffic at the facility. VOTE: Motion passed unanimously. 27. Civic Center Master Plan. a. (1) Approve final Civic Center Master Plan. (2) Proceed with analysis and planning for a new library and provide direction on next steps. b. Sub-Committee recommendations on proceeding with analysis and planning for new library. 17 Other Business Item #27 – Continued Staff report made by Pamela Jacobs, Interim Town Manager Council Comments  Questioned the fiscal impact to the Civic Center Master Plan projected costs given the proposed purchase of the Verizon building for police services.  Suggested the development of an integrated plan that does not include a police facility.  Questioned the available funds to build a library facility.  Commented on the direction of the sub-committee as it relates to the construction of a new library.  Clarified that the Civic Center Master Plan is a 25 year plan to guide the community and Council. Open Public Comments Ms. Hill  Commented on the need for a new library and suggested the Counci l move forward to approve the project. Mr. Davis  Questioned the need for a new 40,000 square foot library.  Commented on the square footage and cost of Saratoga’s library. Ms. Shea-Clarke  Supported the project for a new library and that the Library should be a community destination. Ms. Cusick  Commented that the library is too small and that the Town deserves a larger library that would meet the community’s needs. Closed Public Comment MOTION: Motion by Council Member Mike Wasserman to approve the final Civic Center Master Plan based on recommendations by the sub-committee. Seconded by Vice Mayor Barbara Spector. 18 Other Business Item #27 – Continued Council Discussion  Commented about the community feedback relating to a new library.  Suggested that staff research the use of Redevelopment bonds as part of funding a portion of the new Library.  Commented that the community has responded that they would like a new library.  Clarified the motion and commented about a needs assessment for a new library. VOTE: Motion passed 4/1. Council Member Steve Glickman voted no. Pulled Consent Items #3 and #6 Pulled Consent Item #3b b. Projects Inside Urban Service Area: 16621 Kennedy Rd. Mr. Davis  Commented about the development of a proposed 2 story home.  Asked for clarification about the proposed remodel. Ms. Rasekal  Commented about the proposed plans and stated that they are currently in the approval stage. MOTION: Motion by Council Member Steve Glickman to approve Pulled Consent Item #3b. Seconded by Council Member Mike Wasserman. VOTE: Motion passed unanimously. 19 Pulled Consent Items #6 – Continued Pulled Consent Item #6 Massol Neighborhood Traffic Calming Project. Council Member Steve Glickman recused himself from Consent Item #6 due to location of his residence. Mr. Davis  Commented about the speed limit around the school crossing on Highway 9. Mr. Bannon  Commented about the need for traffic calming on Massol Avenue and a petition that encourages the enforcement of traffic calming on Massol Avenue. MOTION: Motion by Council Member Mike Wasserman to approve Consent Item #6, the Massol Neighborhood Traffic Calming Project. Seconded by Vice Mayor Barbara Spector. VOTE: Motion passed 4/0. Council Member Steve Glickman recused. COUNCIL/TOWN MANAGER REPORTS 28. Council Matters Verbal update on response from County regarding Vasona and next steps Mayor Joe Pirzynski  Commented about a discussion with Supervisor Don Gage regarding the Town-owned property in Vasona Park.  Commented that the County’s policy is to keep Vasona a passive use park and that it has withdrawn the offer to purchase the property for $6 million dollars.  Commented that the County will wait until 2010 to explore alternatives with the Town. 20 29. Manager Matters None this evening. ADJOURNMENT Attest: Jackie D. Rose, Clerk Administrator