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M08-03-09 1 MINUTES OF THE TOWN COUNCIL/PARKING AUTHORITY/REDEVELOPMENT AGENCY AUGUST 3, 2009 The Town Council of the Town of Los Gatos conducted a Regular Meeting on Monday, August 3, 2009 at 7:00 P.M. SPECIAL MEETING - Closed Session began at 6:00 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 Community Foundation  Los Gatos Community Foundation led the Pledge of Allegiance. The audience was invited to participate.  Mayor Mike Wasserman presented a commendation to the Los Gatos Community Foundation for their dedication, leadership, and volunteer time to the community. PRESENTATIONS Commendation - Christine Kennedy, Boston Marathon Winner  Mayor Mike Wasserman presented a commendation to Christine Kennedy for her Boston Marathon win and her athletic achievements as a Los Gatan.  Marianne Hamilton accepted the commendation on behalf of Christine Kennedy. Proclamation - Town of Los Gatos Partnering with U.S. Census - Vince Khanna  Mayor Mike Wasserman presented a proclamation to Vince Khanna and U.S. Census Team for their partnership with the Town and dedication to conducting an accurate census.  Mr. Khanna made a presentation on the importance of an accurate census count for the Town of Los Gatos. 2 CLOSED SESSION REPORT CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Government Code Section 54956.8) Property: 930 University Avenue (APN 424-31-064; Verizon Property) Negotiating parties: Town of Los Gatos and Verizon Under Negotiation: Price and terms of payment Mr. Korb stated that direction was given and no action was taken. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Government Code Section 54956.8) Properties: 123 E. Main Street 208 E. Main Street Negotiating parties: Town of Los Gatos Los Gatos-Saratoga Community Education & Recreation District Under Negotiation: Price and terms of payment Mr. Korb stated that direction was given and no action was taken. TOWN COUNCIL COUNCIL/TOWN MANAGER REPORTS Council Matters There were no Council Matters for this meeting. Manager Matters Mr. Larson  Commented that the Police Department has been recognized as one of fifteen finalists for an Excellence in Criminal Investigation Award relating to the Achilli Murder case.  Announced that the Town has purchased 224 W. Main Street which is a current mixed use structure located at the northeast corner of Main Street and Lyndon Avenue.  Commented that the Town has acquired the property to increase parking downtown for the next several years and then utilize the property with the adjacent parking lot for a mixed use development to expand commercial/residential and parking opportunities for the downtown area.  Commented that only 3 of 7 port-a-potties were delivered to the Music in the Park event and in a letter apologizing for the mishap the vendor has offered to bring 7 solar units to the next Music in the Park event at no extra cost. 3 Manager Matters - Contiuned  Expressed concerns about VTA’s announcement to discontinue the Highway 17/Summit route Line 76.  Commented that VTA is holding a Public Hearing scheduled on August 10, 2009 in the City of Campbell at 7:00 p.m. at the Campbell Community Center.  Commented on events in Town for this Saturday which include: The Annual Dammit Run, Second Saturdays, and the General Plan Update Community Forum from 10:00 - 12:00 held in the Neighborhood Center. CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION) 1. Accept report on Town Manager approved actions during Council recess 2. Appoint Mike Wasserman as the primary voting delegate and Council Member Diane McNutt as the alternate voting delegate for the League of California Cities 3. Adopt resolution authorizing the Town to become a member of the Bay Area Climate Collaborative and authorizing the Town Manager to sign the Bay Area Climate Change Compact RESOLUTION 2009-085 4. Adopt resolution setting date for consideration of reorganization of an uninhabited area designated as Topping Way No. 6, approximately .24 acres located at 16511 Topping Way (APN: 532-09-002); File #AN09-03 RESOLUTION 2009-086 5. Adopt a resolution authorizing the Town Manager to execute a third amendment to the agreement between the Town of Los Gatos and the City of Campbell until June 30, 2011 to provide services for underground utility locating request RESOLUTION 2009-087 6. Adopt a resolution authorizing the Town Manager to execute an agreement with Contract Sweeping Services to provide town-wide porter services in an amount not to exceed $84,100 for Fiscal Year 2009/10 RESOLUTION 2009-088 7. PPW Job No. 09-20 Prospect Avenue Resurfacing Project Adopt a resolution of local support for American Recovery and Reinvestment Act of 2009 (ARRA Tier II Funding) RESOLUTION 2009-089 4 Consent Items – Continued 8. PPW Job No. 08-14 Town Plaza Fountain Filtration System Project Adopt a resolution accepting the work of Pacific Water Art Inc. and authorizing the Town Manager to execute a Certificate of Acceptance and Notice of Completion for recording by the Clerk Administrator. RESOLUTION 2009-090 9. PPW Job. No. 06-03 - Street Resurfacing of Hillside Streets - Surface Transportation Improvement Program (STIP) 811-0001 Adopt a resolution accepting the work of Granite rock Company and authorizing the Town Manager to execute a Certificate of Acceptance and Notice of completion for recording by the Clerk Administrator. RESOLUTION 2009-091 TOWN COUNCIL/REDEVELOPMENT AGENCY 10. Approve Council/Agency minutes of June 15, 2009 Mr. Davis pulled Consent Item #3 and #10. Council Member Steve Rice pulled Consent Item #3. Mayor Mike Wasserman stated that the pulled Consent Items would be heard after the Consent Items motion. MOTION: Motion by Council Member Joe Pirzynski to approve Consent Items #1, #2, and #4 -#9. Seconded by Council Member Barbara Spector. VOTE: Motion passed unanimously. 5 PULLED CONSENT ITEMS 3. Adopt resolution authorizing the Town to become a member of the Bay Area Climate Collaborative and authorizing the Town Manager to sign the Bay Area Climate Change Compact RESOLUTION 2009-085 Mr. Davis  Commented that he supports the Bay Area Climate Collaborative and that the approach is 100% in the public interest.  Expressed concerns that the cement plant located in Cupertino burns coal and the emissions are blown towards Los Gatos and the surrounding areas. He requested that the Bay Area Climate Collaborative make this issue their first project. Mr. Davis received his first warning for disrupting the meeting. Mr. Mielke  Commented on supporting the Bay Area Climate Change Collaborative.  Stated that he is part of the Silicon Valley Leadership Group and they have worked with the Bay Area Climate Collaborative on goals for the collaborative and that they support AB32.  Commented that the most expensive thing that communities could do is to do nothing.  Requested Council’s support on the collaborative. Mr. Guardino  Commented on supporting the Bay Area Climate Change Collaborative.  Commented that the Silicon Valley Leadership Group supports the collaborative and feels that the collaborative would benefit the community and the environment.  Commented that the communities need to ban together to meet the goals of AB32. Council Member Steve Rice  Expressed concerns about the fiscal impacts to the Town and community.  Commented about the California State University Sacramento CALFR study relating to AB32 and the cost to the average family, the Town, and small businesses. 6 Pulled Consent Item #3 – Continued Mr. Larson  Clarified that the study refers to the recommendations from the California Air Resources Board on how they hope to implement AB32.  Commented that the study brings up concerns about costs to the Town, and clarified that the 10 action plans within the study were applied to the three largest cities and that they would serve as models and provide opportunities for other cities.  Commented that cost efficiency and effectiveness are a top concern for the Town. Council Comments  Questioned if there is a cost associated with joining the collaborative at this time.  Commented that the League of California Cities is a strong supporter of the Bay Area Climate Change Collaborative.  Commented on supporting the Bay Area Climate Change Collaborative.  Commented that the 10 action plan goals are targeting the three major cities.  Commented that the Bay Area Climate Change Collaborative will help achieve the Town’s environmental goals at a lower cost due to the fact that the collaborative is based on a regional perspective.  Commented that the collaborative will develop best practices that could be used by any jurisdiction, and would reduce duplicate efforts relating to fulfilling AB32 requirements by giving the Town access to regional information. Mr. Larson  Clarified that there is no cost associated with joining the collaborative at this time.  Commented that there may be some up front costs associated with energy efficiencies that the Town may have to consider in the future.  Commented that the next steps if the collaborative is adopted would be to include climate change discussions in the environmental and sustainability discussions for the General Plan Update. MOTION: Motion by Vice Mayor Diane McNutt to approve Consent Item #3. Seconded by Council Member Barbara Spector. 7 Pulled Consent Item #3 – Continued Council Discussion  Commented on supporting the Bay Area Climate Change Collaborative and that the collaborative would benefit the community. VOTE: Motion passed 4/1. Council Member Steve Rice voted no. Mr. Larson  Commented that staff will return to Council with analysis and facts for future consideration. 10. Approve Council/Agency minutes of June 15, 2009 Mr. Davis  Commented that he feels that his comments from the June 15, 2009 Town Council meeting under Verbal Communications relating to corruption at Monte Sereno were not accurately stated.  Commented that there was a typo on Page 17 of the June 15, 2009 meeting minutes: "Wildlife" should be changed to "Wildland.”  Commented that his statement "robbing Peter to pay Paul" was not accurately reflected in the June 15, 2009 meeting minutes and that he was referring to the Redevelopment Agency funding and that the RDA funding should benefit the downtown area and that it should not be used for the construction of a new Library. Mr. Larson  Clarified that there are some administrative corrections to the minutes which include:  Changing the wording on Page 17 from “Wildlife” to "Wildland" Interface Area and on Pages 19-22 change the motion to read "Motion failed due to lack of a second" to be consistent in all cases. MOTION: Motion by Council Member Steve Rice to approve Consent Item #10 with the changes to include:  Changing the wording on Page 17 to "Wildland" Interface Area and on Pages 19-22 change the motion to read "Motion failed due to lack of a second" to be consistent in all cases. Seconded by Vice Mayor Diane McNutt. VOTE: Motion passed unanimously. 8 VERBAL COMMUNICATIONS Mr. Davis  Commended the Town on the new air system and finishing the upgrade on the HVAC system.  Commended Mr. Capurso, Director of Parks and Public Works, for painting the crosswalks around the schools zones.  Commented on his view that the Town Manager assumed the role of a politician in writing an opinion editorial on the Library project. Mr. Anstandig  Expressed concerns about traffic impacts and public safety along Bachman Avenue and suggested adding stop signs at Alexander Avenue and Belmont Avenue. Mr. Capurso, Director of Parks and Public Works  Commented that the Town will conduct traffic studies at both intersections and report back to Council on the recommendations. Mr. Kane  Expressed concerns about the extreme noise from his neighbor’s air conditioner.  Commented that the air conditioners were installed on the open second floor balcony and that they cannot open their windows or doors because of the noise.  Commented that Mr. Jeans of T.H.I.S. Construction Company had promised not to reinstall any air conditioners on their side of the home prior to the neighbors remodel.  Requested the Town’s help in alleviating the noise issue. Mr. Korb  Clarified that private issues with neighbors are not in the Town’s jurisdiction and with regard to noise the Town only has the authority to address situations that exceed the general noise levels.  Commented that the Town can refer neighbors who can not settle an issue to the County mediation program.  Expressed that the Town has no jurisdiction with private civil matters and that civil action can be taken up in Civil Court.  Suggested that Town staff contact Mr. Kane to provide him with information on the County mediation program. Mr. Knowles  Commented about the City of Campbell’s Waggin W ednesdays.  Suggested the Town have some dog friendly events. Closed Verbal Communication. 9 TOWN COUNCIL PUBLIC HEARINGS 11. Abatement of Hazardous Vegetation (Brush) Adopt a resolution overruling objections and ordering hazardous vegetation (brush) RESOLUTION 2009-092 Staff report made by Todd Capurso, Director of Parks and Public Works. Open/Closed Public Hearing MOTION: Motion by Council Member Steve Rice to adopt a resolution overruling objections and ordering hazardous vegetation (brush) Seconded by Council Member Barbara Spector. VOTE: Motion passed unanimously. 12. Abatement of Hazardous Vegetation (Weeds) a. Conduct public hearing to consider the report of the County Agricultural Commissioner’s Office on the Abatement of Hazardous Vegetation (Weeds) for the 2008-2009 Season. b. Adopt a resolution approving said commencement report RESOLUTION 2009-093 Staff report made by Todd Capurso, Director of Parks and Public Works. Open/Closed Public Hearing MOTION: Motion by Council Member Barbara Spector to a. Conduct public hearing to consider the report of the County Agricultural Commissioner’s Office on the Abatement of Hazardous Vegetation (Weeds) for the 2008-2009 Season. b. Adopt resolution a approving said commencement report RESOLUTION 2009- Seconded by Council Member Joe Pirzynski. VOTE: Motion passed unanimously. 10 Mayor Mike Wasserman Requested a five minute break. Meeting resumed at 8:30 P.M. TOWN COUNCIL/REDEVELOPMENT AGENCY OTHER BUSINESS 13. Progress report on new library design development Staff report made by Pamela Jacobs, Assistant Town Manager. Chris Noll, Noll and Tam Architects made a Power Point presentation on the progress on the new Library. Chris Noll, Noll and Tam Architects  Commented that the design enhances the existing Civic Center.  Commented on the natural materials used in the design and that the goal is to achieve a LEED silver level; however, the library may achieve the LEED gold level.  Commented that the porcelain tile which will be used throughout the proposed Library is durable and complements the interior design.  Commented on the wood used on the exterior of the building.  Commented that the south and west sides of the building which receive the most sun will be controlled with shading canopies and louvers to control the temperatures.  Commented on a cafe or coffee cart which would be located inside the building.  Commented on the controlled lighting for the building. Council Comments  Requested clarification about supervision in the teen area.  Questioned what material would be used for the outer portion of the Library. Mr. Noll  Clarified that the interior walls are glass, therefore most of the teen area can be seen from the upper service area. 11 Other Business Item #13 – Continued Open Public Comments Mr. Davis  Commented that he is disappointed about the proposed Library process, and that it should not be built with Redevelopment Agency (RDA) funding.  Commented that he feel that using RDA funds will cost the Town about $30 or $40 million not the proposed $18 million. Mr. Knowles  Commented on supporting the proposed Library project.  Commented that residents in the community have formed a committee to support the project and raise money to help fund the furniture, fixtures and equipment in the new Library.  Commented that they have invited Friends of the Library to display the renderings of the proposed Library during the Music in the Park events. Closed Public Comments Council Discussion  Commented that several projects completed by the Town have been under budget.  Thanked the Friends of the Library for their continued support to help raise funds for the proposed Library project. ADJOURNMENT Attest: Jackie D. Rose, Clerk Administrator