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M08-04-081 MINUTES OF THE TOWN COUNCIL/PARKING AUTHORITY/REDEVELOPMENT AGENCY AUGUST 4, 2008 The Town Council of the Town of Los Gatos conducted a Regular Meeting on Monday, August 4, 2008 at 7:00 P.M. TOWN COUNCIL/PARKING AUTHORITY/REDEVELOPMENT AGENCY MEETING CALLED TO ORDER ROLL CALL Present: Mayor Barbara Spector, Vice Mayor Mike Wasserman, Council Member Steve Glickman, Council Member Diane McNutt, and Council Member Joe Pirzynski. Absent: None. PLEDGE OF ALLEGIANCE - LED BY FUTURE LEADER Olivia Fleschig, 8th grader from Fisher Middle School, led the Pledge of Allegiance. The audience was invited to participate. CLOSED SESSION REPORT CONFERENCE WITH LABOR NEGOTIATOR (Government Code Section 54957.6) Town Negotiator (Lead): Greg Larson, Town Manager Employee Organization: Management Orry Korb, Town Attorney stated that direction was given and no action was taken. 2 TOWN COUNCIL CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION) 1. Accept Treasurer’s Report for April - June, 2008. 2. Accept report on Town Manager approved actions during Council recess. 3. Adopt ordinance to implement state video franchise provisions as required by the Digital Infrastructure and Video Competition Act of 2006 (DIVCA). ORDINANCE 2163 4. Adopt resolution opposing the borrowing of local government, redevelopment, and transportation funds to finance state operations. RESOLUTION 2008-085 5. Adopt resolution approving an amendment to the Town of Los Gatos’ Deferred Compensation Plan to permit loans from the participant’s deferred compensation account balance. RESOLUTION 2008-086 6. Approve request by the Billy Jones Wildcat Railroad for an 11 day "Haunted Harvest Festival" event in Oak Meadow Park between the dates of October 16-31, 2008. 7. 15940 Blossom Hill Road Adopt resolution accepting work of CBB Construction and authorizing the Town Manager to execute Certificate Acceptance and Notice of Completion for recording by the Clerk Administrator. RESOLUTION 2008-087 3 Consent Items – Continued 8. Abatement of Hazardous Vegetation (Brush) a. Consider the report of the County Agricultural Commissioner’s Office that all identified properties achieved voluntary compliance with regard to the abatement of hazardous vegetation for the 2007-2008 season. b. Take no further action. 9. PPW Job No. 07-19 - Shannon Road Culvert Improvements. a. Adopt resolution declaring Joseph J. Albanese, Incorporated to be the lowest responsible bidder on the project and award a construction contract in the amount of $49,925.00. RESOLUTION 2008-088 b. Authorize a budget adjustment increasing account 461-816-0403 by $412.00. TOWN COUNCIL/REDEVELOPMENT AGENCY 10. Approve Council/Agency minutes of June 16, 2008. 11. Approve Town Purchasing Policy and Procedures Manual. 4 Consent Items – Continued 12. PPW Job No. 07-20 - University Avenue Street Repaving Project (from Mullen Avenue to Main Street) Project 911-812-0105. a. Adopt resolution declaring Joseph J. Albanese, Inc. to be the lowest responsible bidder on the project and award a construction contract in the amount of $80,250.00. RESOLUTION 2008-089 b. Authorize a budget adjustment increasing account 911-812-0105 by $13,250.00. c. Authorize an expenditure of $7,000 from the Annual Street Resurfacing Project 411-811-9901. d. Authorize staff to execute future change orders to the construction contract as necessary up to an amount of $20,000.00. Mr. Davis pulled Consent Items #1 and 10. Council Member Diane McNutt pulled Consent Item #11. Mayor Barbara Spector stated that the pulled Consent Items would be heard after Other Business. MOTION: Motion by Council Member Joe Pirzynski to approve Consent Items #2 - 9, and #12. Seconded by Vice Mayor Mike Wasserman. VOTE: Motion passed unanimously. 5 VERBAL COMMUNICATIONS Ms. Hassani  Commented about the lack of parking on Villa Avenue and that residents would like to meet with the Transportation and Parking Commission to discuss parking regulations. Mayor Barbara Spector  Requested information from Ms. Hassani about the events that impact their street. Mr. Larson, Town Manager  Suggested that staff work with Ms. Hassani to provide information on upcoming Transportation and Parking Commission meetings.  Commented that the Police Chief will work with Town departments and affected neighborhoods to address parking issues affecting the Main Street area. Council Comments  Suggested that the Town Manager work with the Youth Commission to discuss parking issues affecting the high school. Mr. Davis  Commended the new Parks and Public Works Director for addressing concerns about a pothole on Highway 9.  Commented about the Hillside Guidelines and the DeSantis project. Closed Verbal Communication 6 PUBLIC HEARINGS 14. Abatement of Hazardous Vegetation (Weeds) a. Conduct public hearing to consider the report of the County Agricultural Commissioner on the abatement of hazardous vegetation (Weeds) for the 2007- 2008 season. b. Adopt resolution approving said report. RESOLUTION 2008-090 Staff report made by Todd Capurso, Director of Parks and Public Works. Council Comments  Questioned if the Town needs more elaborate fire safety guidelines. Mr. Kumbre, Santa Clara County Weed Abatement program  Commented that the State-mandated guidelines are adequate for the Town.  Commented that 5 out of 240 residents were non-compliant. Open/Close Public Hearing MOTION: Motion by Council Member Steve Glickman to adopt resolution for abatement of Hazardous Vegetation (Weeds). Seconded by Council Member Diane McNutt. VOTE: Motion passed unanimously. 7 Public Hearing Item #13 13. Update and merge the pre-1941 Design Guidelines and the Residential Development Standards for all single family and two family dwellings in all zones except the Resource Conservation and the Hillside Residential Zones; introduce ordinances amending zoning code consistent with design guidelines (continued from 6/16/08) Zoning Ordinance Amendment A-08-01. Historic District Designation Applications HD-08-01, HD-08-02, HD-08-03 and D-08-04. Applicant: Town of Los Gatos. Staff report and Power Point presentation made by Bud Lortz, Director of Community Development. Council Comments  Questioned the wording about neighborhood patterns and types.  Suggested replacing the word "desirable" with the word "welcome.”  Provided minor word edits to the Residential Design Guidelines.  Suggested removing the word "possible" and replacing it with the word "appropriate.”  Suggested removing the reference to websites under bullet 4 and replacing it with "list of current websites". Mr. Lortz  Commented about public outreach efforts and the time involved in amending the Residential Guidelines. Council Comments  Questioned the definition of a “neighborhood.”  Suggested that the proposed language on page 10 include the words "diversity" and "parcel.”  Suggested wording under item #4 under Setbacks to include "such as" to provide clarity.  Questioned the letter received by the Historical Preservation Committee.  Commented about “pre-1941” homes terminology.  Requested clarification about the requirements for exterior lighting. 8 Public Hearing Item #13 – Continued Mr. Lortz  Clarified the “pre-1941” terminology.  Commented about protecting the historic district.  Clarified the exterior lighting language and commented that the exterior lighting issues are related to flood lights and motion lights. Council Comments  Commented about protecting the community’s historic district.  Questioned when the Town will address the Fence Ordinance.  Commented that the Planning Commission attempted to address the fence issue to protect wildlife corridors along the hillsides.  Requested clarification about the issue of cellars, FAR, and mass and scale for immediate neighborhoods.  Commented that there is too much flexibility to change to cellars, FAR, and mass and scale. Mr. Lortz  Commented that the Planning Commission has reviewed the definition for "the size of a lot" and allowed unusual lots that have more square footage to have larger homes.  Clarified that staff will be addressing the Fence Ordinance as part of the General Plan Update process. Council Comments  Commented that the Planning Commission determined that when defining a neighborhood, it used the immediate residences around the home to assess compatibility and expanded its view to include homes in the surrounding area.  Clarified how the proposed ordinance protects the historic district.  Questioned if demolition guidelines in a resolution are as strong as those in an ordinance. 9 Public Hearing Item #13 – Continued Mr. Lortz  Clarified why the recommendations for demolition where changed from an ordinance to a resolution.  Commented that all the guidelines would be centralized for the public. Mr. Korb  Clarified the difference between an ordinance and a resolution. Open Public Hearing Ms. Dallas  Commented on the public benefit of the Residential Design Guidelines.  Expressed concerns about allowing architectural variety in the neighborhoods.  Suggested a Residential Design Guidelines peer review process including architects. Mr. Schloh  Commented about architectural diversity in the community.  Commented that the document is only a guideline and not a rule.  Commented on concerns on how to read a neighborhood. Council Comments  Questioned if Mr. Schloh feels that the Town has moved in the right direction regarding the Residential Design Guidelines document.  Questioned if the document is a benefit to the public and professionals.  Questioned if it would be a benefit to ask architects to weigh in on the matter. Mr. Schloh  Commented that the proposed document enhances the architectural beauty of a home.  Commented that the proposed document will help the historical architecture of homes in Town. Mr. Larson  Commented that Council should work through the staff report to complete the process. 10 Public Hearing Item #13 – Continued Council Discussion  Commented about the number of recommended changes to the document.  Suggested that the changes be added to the document, circulated to the community, and brought back to Council.  Questioned if the revised document would be returned to the General Plan Committee or to Council.  Commented on how best to re-circulate the document to the community. Mr. Larson  Commented that the first alternative process would be similar to the process used for the Massage Ordinance in which the ordinance would be reviewed after a period of time.  Commented that the second alternative process would include direction from the Council to revise the document and send it to the community for feedback. Council Discussion  Questioned if the revised document could have public input through public comment at a Council meeting.  Commented that the review should come from the architectural community. Mr. Larson  Commented that staff would revise and re-issue the Residential Design Guidelines with Council changes and bring the ordinance back for Council approval.  Commented that the targeted distribution will be to the architectural community in Town. MOTION: Motion by Council Member Diane McNutt to approve Planning Commission recommendations #1-13 less item 7 as listed in the staff report on Pages 4-8. Motion amended to include: Item #6: Replace the word "possible" with the word "appropriate.” Item #6, Bullet #4: Change the wording under the website listings to say "provide a current list.” Seconded by Council Member Steve Glickman. 11 Public Hearing Item #13 – Continued Council Discussion  Suggested to amend motion to change Item #5, Neighborhood patterns and types, which would remove the word "desirable" and replace with the word "welcome" followed by the word "and.” The maker of the motion does not concur.  Suggested to amend the motion to change item #6 which would replace the word "possible" with the word "appropriate.” The maker of the motion and the seconder agreed. Council Discussion  Requested consensus to change Item #6, Bullet #4 under the website listings to say "provide a current list.”  Consensus was given by Council to amend the motion to include the proposed change to Item #6, Bullet #4. VOTE: Motion passed unanimously. Council Discussion  Commented on item #7 addressing cellars. Suggested keeping with the General Plan Committee wording about cellars. MOTION: Motion by Council Member Joe Pirzynski to accept staff’s recommendation to keep the General Plan Committee language for cellars and exclude the amendments from the Planning Commission. Seconded by Vice Mayor Mike Wasserman. VOTE: Motion passed unanimously. Motion: Motion by Council Member Diane McNutt to request staff to incorporate into the draft Residential Guidelines their suggested recommendations as stated on Page 9, #1-3. Seconded by Council Member Joe Pirzynski. VOTE: Motion passed unanimously. 12 Public Hearing Item #13 - Continued MOTION: Motion by Council Member Diane McNutt to approve Town Council recommendations #1-6 and #8 with the amendments to include: Item #2 – After the phrase “Terrain of the lot and lots with multiple frontages” add "and diversity and parcel size.” Item #4 - The phrase "such as" is added to give more explanation to the reader. The phase could read "such as lots constraints including topography, trees, creeks, lot size, and architectural style.” Seconded by Vice Mayor Mike Wasserman. VOTE: Motion passed unanimously. MOTION: Motion by Council Member Steve Glickman to accept the Town Council’s recommended language without "lighting shall be the minimum for pedestrian safety.” Suggested adding the wording "except lighting on motion detectors or that is being used for outdoor activities.” Motion was amended to exclude the suggested wording "except lighting on motion detectors or that is being used for outdoor activities" and to exclude the original wording under #8 which reads "lighting shall be the minimum needed for pedestrian safety.” Seconded by Vice Mayor Mike Wasserman. Council Discussion  Commented that the Council should focus on keeping the lighting down and not controlling other forms of lighting in the neighborhoods.  Commented that decorative lighting but not intrusive lighting would be acceptable. Mr. Lortz  Suggested adding the word "circulation lighting" before pedestrian safety. 13 Public Hearing Item #13 - Continued Council Discussion  The maker of the motion did not concur with adding the word "circulation lighting.”  Commented that the added phrase "except lighting on motion detectors or used for outdoor activities" is too regulatory.  Suggested that the motion maker amend the motion and delete the sentence "lighting shall be the minimum needed for pedestrian safety.” The maker of the motion and the seconder agreed. VOTE: Motion passed unanimously. MOTION: Motion by Council Member Steve Glickman to approve the change on page 19 item #2.4.2 and #2.4.4 that adds the word "generally" after circular to the first and second bullet. Motion failed due to lack of second. MOTION: Motion by Council Member Steve Glickman to approve a change on page 23, #3.3.2 to remove the bullet which reads "two story houses may not appropriate for every neighborhood.” Motion failed due to lack of second. Motion by Council Member Steve Glickman to approve a change on page 36, Item #3.11.4 Solar Panels by removing the first bullet which reads “locate solar panels so that they are inconspicuous from the public right-of-way.” Motion was amended to change the wording under bullet #1 to read something similar to "consider newer architecturally compatible solar systems.” Seconded by Mayor Barbara Spector. Council Discussion  Commented that solar panels have evolved and are not intrusive as long as they are compatible with the architectural design.  Requested clarification about the solar panel guidelines. Mr. Lortz  Stated that the solar guidelines are advisory guidelines. 14 Public Hearing Item #13 - Continued Council Discussion  Commented about supporting green initiatives.  Commented that solar panel designs may be intrusive to the community.  Recommended language at the staff level which recommends aesthetically pleasing and architecturally compatible solar panels. Mr. Lortz  Suggested alternate wording to replace Bullet #1 which would read "consider newer architecturally compatible solar systems.” Council Discussion  Requested to amend the motion to read something similar to "consider newer architecturally compatible solar systems.” The maker of the motion and the seconder agreed. VOTE: Motion passed unanimously. MOTION: Motion by Council Member Steve Glickman to approve change on page 53, Item #4.8.16 under bullet #1 to follow the same change which read something similar to "consider newer architecturally compatible solar systems.” Seconded by Mayor Barbara Spector. VOTE: Motion passed unanimously. MOTION: Motion by Council Member Steve Glickman to approve change to Page 55 Item #4.10, Bullet #5. Remove bullet #5 and direct staff to come back with appropriate language. Motion was amended to direct staff to come back with more appropriate language to accomplish Council intent and purpose. Seconded by Vice Mayor Mike Wasserman. 15 Public Hearing Item #13 - Continued Council Discussion  Questioned the interpretation of the wording on page 55 Item #4.10, Bullet #5.  Requested clarification from staff if the bullet should be modified or omitted. Mr. Lortz  Clarified that Bullet #5 is existing code and has not been revised.  Commented that staff could revise the wording under Bullet #5. Council Discussion  Commented that the language is poorly constructed and would like to see revised language to address the issue of historic preservation.  The maker of the motion amended motion to direct staff to come back with more appropriate language. The seconder agreed. VOTE: Motion passed unanimously. Mr. Korb  Clarified that Council has directed staff to modify the Residential Design Guidelines for Council approval at a future date.  Commented that the public hearing is a noticed meeting in regard to the proposed ordinances that would amend the zoning code.  Suggested Council move to continue the public hearing to a date certain to allow the public to speak to the matter. MOTION: Motion by Council Member Diane McNutt to continue the Public Hearing to September 15, 2008. Seconded by Council Member Steve Glickman. VOTE: Motion passed unanimously. 16 OTHER BUSINESS There was no Other Business scheduled for this meeting. PULLED CONSENT ITEMS 1. Accept Treasurer’s Report for April - June, 2008. Mr. Davis  Commented that the Town’s financial position is strong.  Commented that this month the portfolio balance for the Town was over $76 million and stated that last year the Town’s portfolio balance was over $73 million.  Commented that the Town earned $3 million in interest over the last fiscal year.  Commented that the earned interest is in an uncommitted "slush fund.” Mr. Larson, Town Manager  Commented that the Town does not maintain any type of account which could be referred to as a "slush fund.” Council Comments  Commented on the investments in Fannie Mae and Freddie Mac funds.  Suggested removing Town funds from the Fannie Mae and Freddie Mac accounts before they collapse.  Questioned what percentage of the portfolio is invested in the Fannie Mae and Freddie Mac accounts.  Questioned if the value would be less if these funds were liquidated early.  Suggested adding a stop loss at break even for the Fannie Mae and Freddie Mac funds. 17 Pulled Consent Item #1 - Continued Mr. Conway  Commented on the asset value of the Fannie Mae and Freddie Mac funds.  Commented that during the last Council discussion the Town Treasurer and staff recommended holding the funds until maturity.  Commented if the fund was liquidated, the re-investment value of the principles would be at a much lower interest rate.  Recommended holding the fund until maturity and re-investing in other types of funds. Mr. Larson  Commented on the federal government’s position regarding the Fannie Mae and Freddie Mac funds. Council Comments  Questioned when the Fannie Mae and Freddie Mac funds will reach maturity. MOTION: Motion by Mayor Barbara Spector to accept Treasurer’s Report for April - June, 2008. Seconded by Council Member Steve Glickman. VOTE: Motion passed unanimously. MOTION: Motion by Council Member Steve Glickman to sell securities and re-invest in other funds. Seconded by Mayor Barbara Spector. Mayor Barbara Spector withdrew her second to the motion. Motion failed for lack of a second. 18 Pulled Consent Item #1 - Continued Council Discussion  Questioned the amount of principal that would be lost if the funds were sold before maturity. Mr. Conway  Recommended that staff return to Council with a report discussing the value of the holdings. Council Discussion  Commented on staff’s recommendations to provide a report detailing the value of the holdings. Mr. Conway  Indicated that staff would provide Council with a report at the next available Council meeting following the Finance Committee Meeting. Council Comments  Recommended that staff provide detailed information to Council to guide its decision making.  Commented that the federal government seems confident that the Fannie Mae and Freddie Mac funds will not fall.  Mayor Barbara Spector withdrew here second to the motion. Motion failed for lack of a second. MOTION: Motion by Vice Mayor Mike Wasserman to provide Council with a report discussing the value of the holdings with the most current market value at the next possible Town Council meeting. Seconded by Mayor Barbara Spector. VOTE: Motion passed unanimously. 19 Pulled Consent Items - Continued 10. Approve Council/Agency minutes of June 16, 2008. Mr. Davis  Commented that he continues to be disappointed with the minutes.  Commented that his statement was not reflected correctly under the Council/Commission retreat portion of the June 16, 2008 meeting minutes. MOTION: Motion by Council Member Joe Pirzynski to approve Council/Agency minutes of June 16, 2008. Seconded by Vice Mayor Mike Wasserman. VOTE: Motion passed unanimously. 11. Approve Town Purchasing Policy and Procedures Manual. Council Member Diane McNutt  Questioned why it was recommended to increase the Town Manager spending limit from $25,000 to $50,000. Mr. Conway  Commented that the proposed spending limits would be reflective of the increased cost of doing business and standards for other jurisdictions. MOTION: Motion by Vice Mayor Mike Wasserman to approve Town Purchasing Policy and Procedures Manual. Seconded by Council Member Steve Glickman. VOTE: Motion passed unanimously. 20 COUNCIL/TOWN MANAGER REPORTS 15. Council Matters Council Steve Member Glickman  Requested consensus to place a resolution on the agenda in opposition to Proposition 8. There was no Council support to place the issue on a future agenda.  Commented that he will not seek another term on the Council.  Commented that he has served two terms on the Council and feels that term limits are appropriate.  Requested consensus to place an item on the agenda to consider term limits for Council Members. There was no Council support to place the issue on a future agenda. Council Member Diane McNutt  Questioned if Council could place an item on the agenda requesting term limits or would it have to go to a public vote.  Commented that the Town is heading into an election and that the discussion of term limits would not be appropriate at this time. Council Member Steve Glickman  Commented on his role as a VTA Board Member and that he has been asked to serve on the VTA Governance Advisory Committee.  Requested Council consensus to adendize a VTA Governance discussion.  Mayor Barbara Spector seconded the recommendation to agendize the issue for a future meeting. Council Member Steve Glickman  Expressed concerns about signing a commendation for a student who completed community service projects outside of Los Gatos, led the Pledge of Allegiance at the Town Council meeting, and then subsequently appeared on a Town Council candidate website. 21 16. Manager Matters Greg Larson, Town Manager  Commented on staff’s trust in the work and ethics of the Clerk Administrator.  Commented that the issue of the Los Gatos Community Hospital will be agendized for discussion at the next Town Council meeting including maintenance of the existing General Plan zoning at the hospital. Mayor Barbara Spector announced that the meeting be adjourned in memory of Ruth Firziger who was a member of the KCAT production crew and that the community’s thoughts are with Jim Dethlefson, Chief of Productions who worked with Ms. Firziger to broadcast Town meetings. ADJOURNMENT Attest: /s/Jackie D. Rose, Clerk Administrator