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M10-19-091 MINUTES OF THE TOWN COUNCIL/PARKING AUTHORITY/REDEVELOPMENT AGENCY OCTOBER 19, 2009 The Town Council of the Town of Los Gatos conducted a Regular Meeting on Monday, October 19, 2009 at 7:00 P.M. TOWN COUNCIL/PARKING AUTHORITY/REDEVELOPMENT AGENCY MEETING CALLED TO ORDER ROLL CALL Present: Mayor Mike Wasserman, Vice Mayor Diane McNutt, Council Member Joe Pirzynski, Council Member Steve Rice, Council Member Barbara Spector Absent: None. PLEDGE OF ALLEGIANCE Commendation - Los Gatos History Club  Mayor Mike Wasserman presented a commendation to the Los Gatos History Club for 112 years of dedication and community service to the Town of Los Gatos.  The Los Gatos History Club led the Pledge of Allegiance. The audience was invited to participate.  The president of the History Club thanked the Town and the community for their support. 2 PRESENTATIONS Commendation - George Sampson  Mayor Mike Wasserman presented a commendation to George Sampson for many years of dedication to the Town of Los Gatos through the Town’s local KCAT TV station.  Mr. Sampson thanked Town staff, Council and the community for their support. Proclamation - End Polio Day (Los Gatos Morning Rotary)  Mayor Mike Wasserman proclaimed Saturday, October 24, 2009 as End Polio Day. The Los Gatos Morning Rotary accepted the proclamation on behalf of Rotary International.  The Los Gatos Morning Rotary thanked the Council and the community for their continued support. CLOSED SESSION REPORT There are no Closed Session items scheduled for this meeting. TOWN COUNCIL COUNCIL/TOWN MANAGER REPORTS Council Matters Council Member Steve Rice  Expressed concerns about the pan handling in Los Gatos, especially at the major intersections around Town.  Suggested expanding the current pan handling ordinance for Town parks to a townwide ordinance and requested that the item be age ndized for Council discussion.  Council Member Joe Pirzynski supported the request and Mayor Mike Wasserman requested that staff place the item on a future agenda for Council discussion. Mayor Mike Wassermann  Commented that the Applied Materials Silicon Valley Turkey Trot will be held on Thanksgiving morning and invited the community to participate. 3 Manager Matters Mr. Larson  Commented that this years Second Chance W eek led to the donation, recycling, and reuse of 1.5 tons of personal belongings including winter wear, women’s clothing, linens, and toiletry for those most in need.  Commented that last Tuesday, the Town responded aggressively to the heavy rains and high winds that clogged storm drains and brought down trees and tree limbs throughout the valley.  Commented that Los Gatos had relatively little damage due to the hard work of the Parks and Public W orks Department and Town staff.  Commented that Mayor Mike Wasserman and Vice Mayor Diane McNutt attended the ribbon cutting for the new senior home on Anne Way. The Town was the principle funder for the affordable housing project developed by Senior Housing Solutions.  Commented that the Town hosted a retirement housing options f air this past Saturday at the Senior Center.  Commented that the Police Foundation hosted the 20th annual Police Department Recognition ceremony held at the History Club in Los Gatos.  Commented that Union Pacific Railroad will be closing Winchester Boulevard between Lark Avenue and Highway 85 next week to replace the railroad tracks that cross Winchester Boulevard.  Commented that October 26, 2009 will be the opening/ribbon cutting ceremony for the Police Operations Building.  Todd Capurso, Director of Parks and Public Works, recognized Kevin Rohani, Town Engineer/Police Operations Building Project Manager, for his management of the Police Operations Building project. CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION) 1. Adopt resolution approving the form and authorizing the execution and delivery of a purchase and sale agreement and related documents with respect to the sale of the seller’s Proposition 1A receivable from the State; and directing and authorizing certain other actions in connection therewith. RESOLUTION 2009-109 2. Accept Investment Reports for First Fiscal Quarter 09/10 (July through September 2009) 3. Adopt resolution appointing Erik Wilhelmsen, Transportation and Parking Commissioner, as representative to the Santa Clara Valley Transportation Authority County Wide Bicycle and Pedestrian Advisory Committee (BPAC) RESOLUTION 2009-110 4 Consent Items – Continued 4. Adopt an ordinance for a zone change from CM to CM:PD for a three- story self storage building. No significant environmental impacts have been identified as a result of this project and a Mitigated Negative Declaration is recommended. APN 424-31-065. Planned Development Application PD-08-001 - Negative Declaration ND-08-05 Property Location: 930 University Avenue Property Owner: Extra Space of Los Gatos, LLC Applicant: Extra Space Storage. ORDINANCE 2180 5. Adopt resolution granting an appeal of a Planning Commission decision denying an application for construction of a new single family residence zoned R-120. APN 529-37-042 and remanding application to the Planning Commission: Architecture and Site Application S-04-64. Negative Declaration ND-07-147. Property location: 26 Alpine Avenue Property owner/applicant/appellant: Holiday Drive, LLC. RESOLUTION 2009-111 6. Adopt ordinance amending Town Code Chapter 29, Division 6, Sections 29.10.3000 through 29.10.3040 regarding the Housing Assistance Program. ORDINANCE 2181 TOWN COUNCIL/REDEVELOPMENT AGENCY 7. Approve Council/Agency minutes of October 5, 2009. Mr. Davis pulled Consent Item #5 and Ms. Quintana pulled Consent Item #6. Mayor Mike Wasserman stated that the Pulled Consent Items would be heard prior to voting on the Consent Calendar. 5 PULLED CONSENT ITEMS Consent Item #5 Vice Mayor Diane McNutt and Council Member Steve Rice recused themselves from Consent Item #5 due to the location of their residence. Mr. Davis  Expressed concerns that the Planning Commission did not approve the appeal for 26 Alpine Avenue.  Commented that staff stated that the applicant had decided that he wants to go back to the Planning Commission to start over and that staff should make those recommendations and send it back to the Planning Commission.  Expressed concerns about the resolution and stated that it is simply not true.  Commented that the items should have gone back to the Planning Commission prior to Council voting on the issue.  Suggested that Council investigate the issue before voting on the item tonight. Mr. Korb  Clarified that the Planning Commission denied the application and that was the decision that was appealed to Council. Council simply revived the application and remanded it back to the Planning Commission .  The base act is to grant the appeal and remand it back to the Planning Commission. The Council is not approving the application, but remanding it back. MOTION: Motion by Council Member Joe Pirzynski to approve Consent Item #5. Seconded by Council Member Barbara Spector. VOTE: Motion passed 3/2. Vice Mayor Diane McNutt and Council Member Steve Rice abstained. 6 Pulled Consent Items - Continued Consent Item #6 Ms. Quintana  Commented that the ordinance does not accurately reflect the Council or the Planning Commission’s recommendations for BMP use for developments in hillsides.  Commented that the ordinance gives the opportunity to allow in-lieu fees and that there is nothing specific that identifies a satisfactory reason for not being able to provide the unit on site. MOTION: Motion by Council Member Steve Rice to approve Consent Items #1-4 and #6. Seconded by Council Member Joe Pirzynski. VOTE: Motion passed unanimously for Consent Items #1-4. Motion passed 3/2 on Item #6. Council Member Barbara Spector and Council Member Diane McNutt voted no TOWN COUNCIL/REDEVELOPMENT AGENCY VERBAL COMMUNICATIONS Mr. Rodriguez  Expressed concerns about the reasons that he was removed as the plumber for the police operations building project and that he feels that there is money still owed to him for the portion of the project that he completed.  Commented that Swenson Development had issues with funding and underbidding for the project.  Commented that he refused to proceed when Swenson Development refused to pay him. Mr. Denevi  Commented about his proposal which was submitted to the Town and stated that he has not heard back from some of the Council.  Commented on his contributions to the Town of Los Gatos in the past 20 years.  Commented that he wants to build a golf driving range and would like everyone in Town to hit a bucket of balls for $1.00 a bucket. 7 Verbal Communications – Continued Mr. Davis  Expressed his unhappiness with Mayor Mike Wasserman for hearing the public comment during the study session prior to discussion on the subject.  Expressed concerns that there is no recreation element for the North 40 Plan and that Council did not speak up on that issue. Ms. Quintana  Commented that most office, restaurants, and public establishments in Canada have hand sanitizers when you enter the buildings.  Suggested that the Town add sanitizers to all public establishments in the community. Closed Verbal Communications TOWN COUNCIL PUBLIC HEARINGS 8. Establishment of Commercial Alarm Permit Fee a. Introduce ordinance revising Town Code Section 14.50.010 regarding Police alarms and introduction of commercial alarm permit fees. b. Adopt resolution authorizing the Town Manager to negotiate and execute an agreement with PMAM Corporation for professional alarm management consultant services. Staff report made by Captain Alana Forrest, Los Gatos-Monte Sereno Police Department Council Comments  Questioned how the Police Department selected the management consultant company as the vendor of choice and if any analysi s was done to hire the company.  Questioned if there would be a cost savings to the Town or expansion of service available since the person currently tracking will no longer be given that responsibility. 8 Public Hearing Item #8 – Continued Ms. Forrest  Clarified that PMAM Corporation had sent a web demo to the Police Department and they researched PMAM through other cities in California and found that the company is extremely helpful and professional.  Clarified that there are very few companies in the United States that run specifically like PMAM.  Clarified that with PMAM’s management, the process for permits and tracking of false alarms will be much better than the Town could provide from a staff perspective and PMAM’s reputation for tracking alarms and permit compliance is such that there will be a significant revenue increase.  Clarified that the person who currently does the tracking handles six other jobs for the Town and this will allow them to provide more services for crime prevention and education. Opened/Closed Public Comments Mayor Mike Wasserman directed Jackie Rose, Clerk Administrator to read the title of the ordinance. MOTION: Motion by Council Member Joe Pirzynski to waive the reading of the ordinance. Seconded by Council Member Steve Rice. VOTE: Motion passed unanimously. MOTION: Motion by Council Member Steve Rice to introduce ordinance revising Town Code Section 14.50.010 regarding Police alarms and introduction of commercial alarm permit fees. Seconded by Council Member Barbara Spector. VOTE: Motion passed unanimously. 9 Public Hearing Item #8 – Continued Mayor Mike Wasserman directed Jackie Rose, Clerk Administrator to publish the ordinance. MOTION: Motion by Council Member Barbara Spector to adopt resolution authorizing the Town Manager to negotiate and execute an agreement with PMAM Corporation for professional alarm management consultant services. Seconded by Council Member Steve Rice. VOTE: Motion passed unanimously. 9. Consider a request of approval to operate a retail wine establishment with food, beer, and wine service on property zoned C-1. APN 529-07- 047. Conditional Use Permit U-09-007. Property Location: 414-416 N. Santa Cruz Avenue. Property Owner: Jim Zanardi Applicant: Michael Guerra/Joseph Cannistraci. Staff report made by Jennifer Savage, Planner Council Comments  Questioned if the letter of justification provides Council and staff with enough clarity so that a future owner would not be able change the business.  Questioned if a future owner of the business would be able to open a stand alone bar. Mr. Korb  The ordinance provides sufficient clarity regarding approved uses, specifically, retail wine sales with beer, wine, and food service. Beer and wine service need not be accompanied by a meal.  Commented that there is no required type of food because the condition incorporates the letter of justification. The letter of justification does not commit itself to any specific type of food service.  Commented that there is a fair degree of flexibility within the letter of justification, but the remainder of the condition does apply no matter who is at the location. 10 Public Hearing Item #9 – Continued Open Public Hearing Mr. Guerra, Applicant  Commented on their renowned food and wine reputation in Los Gatos. Council Comments  Questioned the different types of events for the proposed business and if the applicant would be comfortable with only two events a month.  Requested clarification on the tasting events and if they would be separate from the special events.  Commented that there is a condition that limits the tasting events and the classes.  Requested clarification regarding the letter of justification and the applicant’s reference to tasting as an event.  Clarified that the condition of approval does indicate that the applicant would be limited to two events. Mr. Guerra  Requested that the private tasting events not be considered as a public/special event under the proposed Conditional use Permit and stated that these events are held in a private room with no more than 10 people. Ms. Savage  Clarified that the tasting events would be considered as special events under the proposed Conditional Use Permit. Mr. O’Brien  Commented about supporting the concept of a wine bar.  Commented on supporting the education element of the proposed establishment.  Suggested a wider selection of food served with the events.  Suggested that the company commit to supporting local wineries and establishments. Ms. Kerry  Commented on supporting the proposed establishment. Ms. Linsday  Commented on supporting the proposed establishment and suggested that the business support local wineries from the Santa Cruz Mountains. 11 Public Hearing Item #9 – Continued Mr. Guerra, Applicant  Commented that they have every intention of working with the local wineries and are planning on dedicating space in the establishment for the local wineries.  Commented that they would like to see these wineries come do tastings at the establishment.  Commented that they would like to have a robust food service without having a commercial kitchen. Council Comments  Questioned the frequently of private functions, classes and tastings in a single month.  Requested clarification from the applicant on the difference between a public event and a private event.  Questioned if the applicant would consider limiting the amount of people to eight in the private room.  Requested clarification that the applicant is comfortable with four public events or classes a month.  Requested clarification if four public events and unlimited private events is covered within the Conditional Use Permit.  Requested that the applicant confer with their partners to come up with a solution to address private and public events. Mr. Guerra  Commented that they would not have more than four events a month excluding the private tastings.  Clarified that a public event would be an advertised event for the public to attend and a private event would be held in the private tasting room with no more than 8 to 10 people who have reserved the room for a class or tasting.  Requested that Council consider the private events separate and unconditional.  Commented that he would be happy with limiting the private events to eight people in the private tasting room only. Mr. Korb  Clarified that four public events and unlimited private events are not covered under the current Conditional Use Permit.  Commented that the issue before Council would be the number of events and the number of attendees, not if the events are public or private. The number of events and number of attendees would help to define the traffic impacts and parking requirements for the area. 12 Public Hearing Item #9 – Continued Mr. Larson and Ms. Savage  Recommended wording with no change to the maximum number of seats or the maximum number of customer or customer and staff occupancy.  Suggested that Item #7 could read "public tasting events and or classes shall be limited to four per month" and then a separate clause to read "private tasting that take in the private event room shall not be limited." Council Comments  Requested clarification on the need to specify the number of patrons if Council would grant unlimited private events.  Questioned if the applicant would be comfortable with 8 people maximum per private event. Ms. Savage  Clarified that the private events would be limited to t he same parking, seating, and number of attendees and staff as currently stated in Conditional Use Permit. Mr. Cannistraci and Mr. Guerra  Clarified that he would be comfortable with four events per month and unlimited private events with a limit of 8 people.  Commented that private events would be held in a private room with 8 people and not open to the public. Closed Public Hearing MOTION: Motion by Council Member Steve Rice to accept Planning Commission’s recommendation and approve the Conditional Use Permit Application and make the required findings for approving the Conditional Use Permit (Attachment 1) and approve the application subject to the conditions included in Attachment 2 with the exception of the first sentence in Condition #7 which shall read "tasting events and or classes exceeding 8 attendees shall be limited to four events per month" and to accept Planning Commission’s recommendation on the wording under Attachment 2 which is to allow beer immediately. Seconded by Council Member Barbara Spector. VOTE: Motion passed unanimously. 13 Public Hearings – Continued 10. Tow Contract Services a. Introduce ordinance rescinding Town Code Section 28.30.030 and 28.30.035 to eliminate Police rotation tows. b. Adopt resolution authorizing Town Manager to negotiate and execute a contract with South Bay Towing to provide towing services for Police initiated tows. Staff report made by Chief Scott Seaman, Los Gatos-Monte Sereno Police Department Open Public Hearing Mr. Nayebzadeh  Commented that his company has been servicing the Town for 25 years.  Expressed Concerns that the proposed contract is not fair to all of the tow companies and requested that all companies should still be servicing the Town with the same $50.00 stipend. Mr. Sgarlato  Commented that the tow service contract is not fair and that the Town should not limit tow services to a single contractor.  Expressed concerns that South Bay’s lot may not be big enough to accommodate the amount of tows from the Town.  Expressed concerns that they never had the chance to bid on the service contract that the Town is proposing.  Requested that the issue be tabled to another meeting. Mr. Lima  Commented that all companies have different sized trucks, different drivers and different expertise to offer to the Town.  Commented that a lot of these drivers live in Los Gatos and shop in Los Gatos.  Commented that the city of San Jose has 5 rotation companies.  Would like to have the chance to bid on the proposed contract. Council Comments  Requested clarification on the difference of having a rotation verses a single tow company. 14 Public Hearing Item #10 – Continued Mr. Lima  Clarified that there is a difference with having more than one tow company and tow rotations. Many times there are certain drivers that know the area very well and can respond and help quicker than a driver who may not know the area.  Commented that not all tow companies have the same style tow trucks. Ms. Lima  Commented against the proposed contract and asked that the issue be continued to another date so the matter can further be re viewed by all parties involved.  Commented that the owners of Lima Towing were not informed of this proposed contract until early Monday.  Commented that the Town of los Gatos should not be involved with showing favoritism and discrimination by awarding a contract to one tow company.  Expressed concerns that the other tow companies were not given the chance to bid on the contract and would like an explanation for the process.  Commented that South Bay Towing is limited in tow trucks and Lima has many trucks and a large variety of styles to handle any situation.  Commented that Lima has their trucks in the area at all time and calls do not have to wait until a driver completes another call. Council Comments  Questioned what the speaker sees as the benefit in continuing the proposed item. Ms. Lima  Commented that the benefit for the tow owners and operators is to give ample time to get counseling on the process and make sure everything is legal since they had not been informed nor given the opportunity to bid. Closed Public Hearing 15 Public Hearing Item #10 – Continued Council Discussions  Questioned the issue of overflow requirements and how the tow rotations currently work for the Police Department.  Questioned if there would be an alternative to use other t rucks if South Bay could not meet the response criteria.  Questioned if the Town could open the contract consideration process to the other companies.  Questioned if all tow companies are AAA towers.  Questioned if all the specifics are in order for the proposed contract and if the vendor has the capacity to handle the contract.  Requested clarification on handling vehicles that require special towing and questioned if South Bay could handle the demand.  Questioned the importance of a 5 year contract verses a one or two year contract.  Questioned if the Town has had any issues with the tow vendors and the rotation service in the Town’s recent history.  Questioned if South Bay Towing is an authorized AAA towing company.  Expressed concerns that a single tow vendor may not be able to accomplish what the rotating tow vendors can accomplish.  Questioned if the designated company can handle a special tow or an oversized truck tow.  Questioned if it is a standard practice not to go out for bid on service contracts. Chief Seaman  Clarified that any requirements by the Town would be built into the terms and conditions of a service contract and must be met by the tow vendor to the satisfaction of the Town.  Commented that they would require as part of the contract , that any vehicle towed by the contractor would be available for pickup at South Bay’s Los Gatos yard.  Commented that there would be costs for South Bay Towing associated with the contract and a five year contract would allow them to absorb those costs.  Commented that the Police Department was approached by South Bay Towing with this concept and South Bay Towing is a local Los Gatos business.  Clarified that the Town has not had any issues with the tow vendors or the rotation process in previous years.  Commented that he is not sure if South Bay is an authorized AAA towing company, but that the issue could be dealt with during the contract process. 16 Public Hearing Item #10 – Continued Mr. Larson  Commented that cities have the authority to set up towing services within their public works department or police department to do police-initiated tows. Instead of the Town ramping up to provide that service we are choosing to engage with a contractor to provide service on the Town’s behalf.  Commented that staff is using the Town’s purchasing policies which have a clear preference to use local businesses. Mr. Korb  Clarified that the Town’s Purchasing Manual does not mandate a request for proposal (RFP) for these types of services. It does state a preference for local businesses, so there is no problem within the Town's policy. Mayor Mike Wasserman directed Jackie Rose, Clerk Administrator to read the title of the ordinance. MOTION: Motion by Council Member Steve Rice to waive the reading of the ordinance. Seconded by Vice Mayor Diane McNutt. VOTE: Motion passed unanimously. MOTION: Motion by Council Member Steve Rice to introduce the ordinance amending Town Code Section 28.30.030 and 28.30.035 to eliminate police rotation tows. Seconded by Mayor Mike Wasserman. Council Discussions  Commented on supporting staff and the Los Gatos business, but the testimony received made an impression.  Commented on trusting that staff will build performa nce measures into the contract.  Commented on supporting a Los Gatos based tow company.  Expressed concerns about the capacity of South bay Towing to handle the job.  Suggested continuing the issue to a date certain to allow South Bay Towing to provide more data and to address the issues raised by the public’s comments as well as the issues raised by Council.  Questioned if there is a value to continuing the item or would staff prefer that Council move forward this evening. 17 Public Hearing Item #10 – Continued Mr. Korb  Clarified that Council has two separate actions tonight. The first would be to introduce the ordinance to amend the Town Code to eliminate the provision concerning police rotation tows which would then allow the second action which is approving the contract by resolution.  If Council’s inclination is not to feel comfortable going forward with either action because of the second action, then it is recommended that Council not take action yet on the introduction of the ordinance and continue the item to request more information. Mr. Larson  Commented that Council does have the option to continue the item and staff could bring back information from the contractor that deals with the capacity questions and request that the proposed contractor be present to speak to the issues.  Commented that another option would be to proceed with the action and do a request for proposal for a non-Los Gatos based business to be in a backup position. Council Discussions  Requested that the Maker of the Motion amend motion to continue the item to another date.  Suggested continuing the item so staff can provide more information.  The Maker of the Motion was not willing to amend the motion. VOTE: The motion failed 2/3. Mayor Mike Wasserman and Council Member Steve Rice voted yes. MOTION: Motion by Council Member Barbara Spector moved to continue the item to December 7, 2009 or January 20, 2010 and that staff provide information to the issues raised by the people who have testified and by the Council Members. Seconded by Council Member Joe Pirzynski. VOTE: Motion passed 4/1. Council Member Steve Rice voted no. 18 OTHER BUSINESS 11. Fiscal Year 2009/10 First Quarter Budget Performance and Status Report for the Period July 1, 2009-September 30, 2009. a. Accept 2009/10 First Quarter Budget Performance Status Report b. Authorize budget adjustments as recommended in the attached First Quarter Budget Performance Report Staff report made by Steve Conway, Director of Finance. Council Comments  Questioned why modifications to the budget were requested to be deferred to mid year. Mr. Conway  Clarified that the Town does not receive property taxes until November and estimates for the holiday season shopping sales will not come in until February 2010. Opened/Closed Public Comments Council Discussions  Commented on the positive number within the projections and that the trend looks somewhat better.  Questioned the Proposition 1A developments.  Commended staff on their work on the first quarter budget performance and status report. 19 Other Business Item #11 – Continued Mr. Conway  Clarified that proposition 1A was a protection from property tax. The State take this fiscal year of approximately $ 2.3 million from the Town Redevelopment Agency wasn’t specifically protected in the current language of proposition 1A that was passed in 2005. The California Redevelopment Agency has always contended that constitutional language alone protects tax increment and that was part of the findings last year with the first State take of $180,000. In 2008/09, the take was found to be unconstitutional and the California Redevelopment Agency believes that this second attempt at the $ 2.2 million will also be found unconstitutional.  Commented that the League of California cities has filed a new bill that would provide legal protection for tax increment dollars so that Redevelopment Agencies across the State can make fiscal planning and commitments without fear of further raids during the future.  Commented that this would affect the Town's Redevelopment Agency as we make plans for vital capital projects. MOTION: Motion by Vice Mayor Diane McNutt to accept the 2009/10 first quarter budget performance and status report for the period of July 1, 2009-September 30, 2009 and authorize budget adjustments as recommended in the first quarter budget performance report. Seconded by Council Member Barbara Spector. VOTE: Motion passed unanimously. Mr. Larson  Commended Mr. Conway and Ms. Haruyama for their excellent report and commented on Ms. Haruyama’s work on business license taxes which resulted in an increase in revenue.  Commented that the Town is still in the process of updating the 5 year forecast and it does suggest that the Town will still have revenue short falls and that staff is beginning to work on those challenges. ADJOURNMENT Attest: Jackie D. Rose, Clerk Administrator