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M03-15-101 MINUTES OF THE TOWN COUNCIL/PARKING AUTHORITY/REDEVELOPMENT AGENCY MARCH 15, 2010 The Town Council of the Town of Los Gatos conducted a Regular Meeting on Monday, March 15, 2010 at 7:00 P.M. TOWN COUNCIL/PARKING AUTHORITY/REDEVELOPMENT AGENCY MEETING CALLED TO ORDER ROLL CALL Present: Mayor Diane McNutt, Vice Mayor Joe Pirzynski, Council Member Steve Rice, Council Member Barbara Spector, and Council Member Mike Wasserman Absent: None. PLEDGE OF ALLEGIANCE Kaitlin Weinstein, Van Meter Elementary Ms. Weinstein led the Pledge of Allegiance. The audience was invited to participate. CLOSED SESSION REPORT There is no Closed Session scheduled for this meeting. TOWN COUNCIL COUNCIL/TOWN MANAGER REPORTS Council Matters Council Member Joe Pirzynski  Commented that he attended the annual membership meeting of the Santa Clara County Cities Association and reported that the debate between the two candidates running for District Attorney was very informative and the City Managers Association presentation was very well received. 2 Manager Matters  Commented that the Town has opened a new art exhibit in the Town Council Chambers entitled "Celebration of California Life."  Commented that Scott Seaman, Los Gatos Police Chief, was elected by the California Police Chief’s Association as their second Vice President of Cal. Chiefs representing all Chiefs in California.  Commented that the Town will be holding a community meeting/public discussion about traffic and pedestrian improvements for the intersection at Los Gatos Boulevard and Kennedy Road. The meeting will be held on March 31, 2010 at 7:00 PM in the auditorium located at Louise Van Meter Elementary School. Did You Know…? Mr. Bankhead, Librarian  Commented about the free downloadable library application available for smart phones.  Commented that the application would allow a person to access essential Los Gatos Library services from the convenience of a smart phone or mobile device.  Commented that more information can be found on the Library website at www.losgatosca.gov/mobile CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION) 1. Adopt resolution authorizing the Town Manager to enter into a license agreement with PG&E for the installation of Smart Meter Network Equipment on Town street Light Poles. RESOLUTION 2009-027 2. Authorize the Town Manager to sign the Memorandum of Understanding for the South Bay Information Sharing System (SBISS) South Bay Region Node. 3. Adopt resolution of the Town Council of the Town of Los Gatos granting an appeal and conditionally approving a Conditional Use Permit to allow personal service business at 23 W. Main Street. RESOLUTION 2009-028 4. Introduce a temporary ordinance amending Section 2.30.295(1) of the Los Gatos Town Code regarding the general powers and duties of the Town Manager granting enforcement flexibility during recognized periods of national, regional, and local economic adversity. 3 Consent Items – Continued TOWN COUNCIL/REDEVELOPMENT AGENCY 5. Approve Council/Agency minutes of March 1, 2010. 6. PPW Job No. 07-22 - Los Gatos/Monte Sereno Police Operations Building Facility Project 821-2401 Adopt a resolution authorizing the Town Manager to execute an Amendment to the Agreement with Inside Source Inc. to provide additional furnishings and installation services for the Los Gatos/Monte Sereno Police Operations Building in an amount not to exceed $3,696.00. RESOLUTION 2009-029 7. PPW Job No. 09-06 Los Gatos Library Project 411-281-2501 a. Adopt resolution approving plans and specifications for the Los Gatos Library Project and authorizing staff to advertise the project for bid. RESOLUTION 2009- 030 b. Authorize Town Manager to negotiate and execute first amendment to an agreement with Noll & Tam Architects in an amount not to exceed $403,336 for construction administration services, design modifications and additions, and integrated public art coordination. Mayor Diane McNutt  Directed Jackie Rose, Clerk Administrator to read the title of the ordinance under Consent Item #4.  Commented that Consent Item #7, if adopted, would authorize staff to advertise the new Library project for bid. MOTION: Motion by Vice Mayor Joe Pirzynski to approve Consent Items #1-7 and to waive the reading of the ordinance under Consent Item #4. Seconded by Council Member Mike Wasserman. VOTE: Motion passed unanimously for Consent Items #1, 2 and #4-7. Motion for Consent Item #3 passed 3/1. Council Member Steve Rice Recused from Consent Item #3 due to his association with the building owner. Mayor Diane McNutt voted no on #3. 4 VERBAL COMMUNICATIONS Ms. Sasaki  Expressed concerns about the condition of the historical plaques located at Town Plaza Park and requested that they be moved to a more suitable location. Council Comments  Commented on the history of the plaques and their location and requested that staff look into restoring the plaques and ideas to maintain them.  Suggested that the project may be an opportunity for a public/private partnership to take on as a volunteer project. Mr. Larson  Commented that staff will follow up and respond to Council upon review of the issue. Closed Verbal Communications TOWN COUNCIL PUBLIC HEARINGS 8. Consider a request for a zone change from R-1:20 to R-1:8. APN 424- 30-003. Property location : 17230 Buena Vista Avenue. Property owner: Wittman Living Trust/Charles H. Wittman III. Applicant: Terry J. Martin, AIA. File# Z09-001. Staff report made by Marni Moseley, Assistant Planner. Council Comments  Requested clarification about the zoning map which was included as Exhibit A of the proposed ordinance.  Questioned if the Sub-Division application and the Architecture and Site application would be subsequent steps and would they be coming to the Planning Commission.  Requested clarification on the origin of the neighborhood. 5 Public Hearing Item #8 – Continued Ms. Moseley  Clarified that the correct zoning map was attached as part of the Planning Commission’s information, but did not get attached to the proposed ordinance in the staff report.  Commented that staff will attach the correct map to the ordinance for adoption.  Clarified that if Council’s direction is to send the Sub -Division application and Architecture and Site Application to Planning Commission, staff could proceed that way.  Clarified that the neighborhood was formed by several annexations over time. MOTION: Motion by Vice Mayor Joe Pirzynski to accept report in the form of meeting minutes from the Planning Commission for the meeting of February 10, 2010. (Attachment 2) Seconded by Council Member Mike Wasserman. VOTE: Motion passed unanimously. Open Public Hearing Mr. McCurdy, Applicant  Commented that they agree with the staff report and have worked to address the conditions that were raised throughout the process. Closed Public Hearing MOTION: Motion by Vice Mayor Joe Pirzynski to approve the required findings for the zone change. (Attachment 3) Seconded by Council Member Steve Rice. VOTE: Motion passed unanimously. MOTION: Motion by Vice Mayor Joe Pirzynski to waive the reading of the zone change ordinance. Seconded by Council Member Steve Rice. VOTE: Motion passed unanimously. Mayor Diane McNutt directed Jackie Rose, Clerk Administrator to read the title of the ordinance. 6 Public Hearing Item #8 – Continued MOTION: Motion by Vice Mayor Joe Pirzynski to Move to introduce the ordinance to effectuate the zone change (Attachment 4) with direction from Council that the Sub-division application and Architecture and Site application return to the Planning Commission. Seconded by Council Member Steve Rice. Council Discussions  Expressed concerns about arbitrarily removing one or two homes in the vicinity that seem quite different as staff analyses neighborhood compatibility in such an eclectic neighborhood. VOTE: Motion passed unanimously. OTHER BUSINESS There is no Other Business scheduled for this meeting. ADJOURNMENT Attest: Jackie D. Rose, Clerk Administrator