M03-07-11 Council/Agency Meeting 3/22/11
Item #4
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MINUTES OF THE TOWN COUNCIL/PARKING AUTHORITY/REDEVELOPMENT
AGENCY MEETING
MARCH 7, 2011
The Town Council of the Town of Los Gatos conducted a Regular Meeting on Monday,
March 7, 2011 at 7:00 P.M.
TOWN COUNCIL/PARKING AUTHORITY/REDEVELOPMENT AGENCY
CLOSED SESSION - 6:00 P.M.
MEETING CALLED TO ORDER - 7:00 P.M.
ROLL CALL
Present: Mayor Joe Pirzynski, Vice Mayor Steve Rice, Council Member Steven
Leonardis, and Council Member Diane McNutt.
Absent: Council Member Barbara Spector.
PLEDGE OF ALLEGIANCE
Morgan Brost, Los Gatos Youth Commissioner, led the Pledge of Allegiance.
The Audience was invited to participate.
CLOSED SESSION REPORT
CONFERENCE WITH LABOR NEGOTIATOR
(Government Code Section 54957.6)
To meet with Town Negotiators listed below in closed session pursuant to Government
Code §54957.6 regarding negotiations with the Employee Organizations listed below:
Town Negotiators (Lead): Rumi Portillo, Human Resources Director/Greg
Larson, Town Manager
Employee Organizations: Management Employees, Confidential Employees,
Town Employees, Association (TEA), American
Federation of State, County and Municipal,
Employees Local No. 101 (AFSCME), and Los Gatos
Police Officers Association (POA)
Ms. Propp stated that no action was taken.
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Closed Session – Continued
CONFERENCE WITH LEGAL COUNSEL - PENDING LITIGATION
(Government Code Section 54956.9[a])
To meet with Town Attorney regarding existing litigation pursuant to Government Code
Section 54956.9(a). Discussion in open session would prejudice the position of the
Town in litigation.
1 Case; Susan Fieldler vs. The Town of Los Gatos, Santa Clara County Superior Court
Case No. 110 CV 173 748.
Ms. Propp stated that 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 Planning Commission Meeting on Wednesday, March 9,
2011 is scheduled to begin at 6:00 p.m. The Planning Commission will be
considering the Conceptual Design for new Gateway to Los Gatos Creek Trail on
Main Street as part of the proposed Dittos Lane housing project.
Commented about the Council’s ongoing focus on personal emergency
preparedness and that daylight savings is an opportunity to change the batteries
in smoke detectors and flashlights and to update home preparedness supplies.
Commented about a series of upcoming events in the community which include:
Art in the Town Council Chambers and the monthly reception bein g held
Thursday, March 10, 2011; the Public Utilities Commission will be holding two
community forums on March 17, 2011, in the Town Council Chambers to address
the proposed area code change; and the Library will be hosting its monthly
reading program on Friday, March 18, 2011, in the Town Council Chambers.
Did You Know??
Stephanie Douglas, Senior Services, Los Gatos Adult Recreation Center (ARC)
Commented about the 55+ program.
Commented that the ARC offers a community living room, an elder partnerships
program, Sr. Twitter Newsletter, and the expansion of the Thursday Health Days
program.
Commented that more information can be found at www.lgsrecreation.org or by
calling the ARC at 408-354-1514.
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CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION)
1. Authorization to submit comments to the California Public Utilities Commission
regarding proposed changes to the 408 area code.
2. Adopt resolution amending the current fees and fines schedule to increase parking
violations by $3.00 to reflect the January 1, 2011 state mandated surcharge for parking
violations. RESOLUTION 2011-009
3. Adopt a resolution creating an Advisory Committee for update and completion of the
North 40 Specific Plan. RESOLUTION 2011-010
4. Authorize the Town Manager to execute the License Agreement between the Town
of Los Gatos and Los Gatos Little League.
5. Adopt a resolution authorizing the Town Manager to execute an agreement with W.
Jeffrey Heid to serve as a Town Consultant to review landscape plans and to perform
irrigation audits required through the State Model Water Efficient Landscape Ordinance.
RESOLUTION 2011-011
6. PPW Job No. 11-01 - Highway 9 Pedestrian and Bicycle Safety Improvement Project
Phase III, authorize the Town Manager to approve a Cooperative Agreement between
the Town of Los Gatos and the cities of Saratoga and Monte Sereno for the Highway 9
Pedestrian and Bicycle Safety Improvements Phase III.
7. PPW Job No. 10-21 - 123 Main Street Remodeling Project
a. Authorize the Town Manager to execute a construction contract with MG
Constructors & Engineers Inc., in an amount not to exceed $62,654.19.
b. Authorize staff to execute future change orders to the construction
contract as necessary in an amount up to $7,000.00.
c. Authorize revenue and expenditure budget adjustment establishing the
123 East Main Street Rehabilitation Project in the amount of $69.654.19
(including contingency) to be fully reimbursed to the Town by the Los
Gatos Saratoga Recreation Department.
d. Authorize the Town Manager to execute a reimbursement agreement with
the Los Gatos Saratoga Recreation Department to fully reimburse the
Town for all construction costs.
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Consent Items – Continued
TOWN COUNCIL/REDEVELOPMENT AGENCY
8. Approve Council Agency Minutes of February 22, 2011.
9. Approval of Annual Town of Los Gatos Boards, Commissions, and Committees local
appointment list.
10. Adopt resolution regarding attendance policy for Boards, Commissions, and
Committees, and rescind Resolution 2003-136 and Resolution 2003-137.
RESOLUTION 2011-012
11. Authorize the Town Manager to execute a consultant agreement in the amount of
$66,235 with BAE Urban Economics for preparatio n of a market study and business
development strategy for the North 40.
11.1. Town of Los Gatos and Los Gatos Redevelopment Agency Joint Agreement
a. Adopt a Resolution approving the Cooperation Agreement for the
Central Los Gatos Redevelopment Project Area.
RESOLUTION 2011- 013 and RESOLUTION 2011-014
b. Authorize Town Manager to execute the Cooperation Agreement
for the Central Los Gatos Redevelopment Project Area on behalf of
the Town of Los Gatos.
c. Authorize Executive Director of the Los Gatos Redevelopment
Agency to execute the Cooperation Agreement for the Central Los
Gatos Redevelopment Project Area on behalf of the Los Gatos
Redevelopment Agency.
d. Approve budget adjustment not to exceed $6.2 million of low and
moderate housing improvements, including reimbursement for
eligible past and future project expenditures; related loan
receivable/revenue in the Town’s GFAR Capital Projects fund; and
related loan payable/expenditure accounts in the Town’s
Redevelopment Agency Low and Moderate Housing Funds and as
provided for under the Cooperation Agreement dated January 22,
1990 and the Cooperation Agreement for the Central Los Gatos
Redevelopment Project Area on behalf of the Town of Los Gatos
approved herein.
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Consent Items – Continued
Mayor Pirzynski noted that there was a Desk Item for Consent Item # 10.
MOTION: Motion by Council Member Diane McNutt to approve Consent
Items #1-11.1 with the amendment noted in the desk item for
Consent Item #10.
Seconded by Vice Mayor Steve Rice.
VOTE: Motion passed 4/0. Council Member Barbara Spector was
not in attendance.
VERBAL COMMUNICATIONS
Mr. Dallas
Commented about the Town’s local websites that deal with news and issues
concerning the Town of Los Gatos.
Mr. Calise
Commented about electric vehicle charging stations and stated that he has
submitted estimates to Town staff relating to the suggested locations listed in the
survey.
Closed Verbal Communications
TOWN COUNCIL
PUBLIC HEARINGS
12. Request to consider an appeal of a decision of the Planning Commission to uphold
a decision of the Development Review Committee approving a two-lot subdivision on
property zoned R-1:8. APN 510-41-057.Subdivision Application M-10-007. Property
Location: 381 Pennsylvania Avenue. Property Owner: 381 Pennsylvania Avenue, LLC.
Applicant: Chris Spaulding. Appellant: Matthew Haberkorn. RESOLUTION 2011-015
Staff report made by Marni Moseley, Associate Planner.
Council Comments
Questioned if the term "guest house" written throughout the staff report was
referring to the legal second unit or to the main house.
Questioned how the historic records inventory has been used by the Town in
reviewing applications.
Requested follow up from staff relating to the document referred to as
Attachment 13.
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Public Hearing Item #12 – Continued
Ms. Moseley
Commented that the word "guest house" was referenced in several areas of the
staff report and was used to describe both structures since the main house was
traditionally known as the McCullagh “guest house.”
Clarified that staff uses the survey that Ms. Bloomfield did in 1991 to help assist
in analyzing additions, remodels, and demolitions and to determine what historic
characteristics certain properties may have and how those applications should
move through the process.
Ms. Rooney
Clarified that all applications would be verified to determine if they have been
included in the survey’s list. If so, they would be processed in accordance with
the survey and in some cases structures have been added to the survey list.
Commented that the survey does have a rating system which helps to determine
the eligibility of the historic structure.
Clarified that when staff received the documents contained in Attachment 13,
they felt that there was new information presented and that the information
warrants recommending that the application be remanded back to the Planning
Commission and also to raise the question of the need for an environmental
analysis to be conducted.
Open Public Hearing
Mr. Haberkorn, Appellant
Commented that he is speaking on behalf of a group called “Citizen’s Advocating
Better Planning.”
Expressed concerns about various letters that support the project, but have no
signatures and seem to be from realtors and developers.
Suggested that the item be remanded back to the Planning Commission and that
CEQA review be performed.
Expressed concerns about new information which was a Town report submitted
as the Bloomfield report.
Commented that the main home has been referred to as the McCullagh guest
house and that the "guest house" referred to in most of the documents is the
cottage which has not been determined to be historic at this time.
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Public Hearing Item #12 – Continued
Mr. Howell, Applicant
Commented that the Development Review Committee and Planning Commission
have approved the project.
Commented that they have not been able to review the new documents
(Attachment 13) and feels that the best course of action would be to remand it
back to Planning Commission.
Commented that he feels that an Initial Study would be acceptable.
Commented that the main home has been remodeled many times and that the
other structures on the property were built during the fifties.
Commented that the back of the main home has an addition which was added
about 20 or 30 years ago.
Mr. HaberKorn
Commented that he came across the Bloomfield report after the Planning
Commission meeting and feels that the Town should have known about the
report and included it as part of the original documents.
Suggested that the appeal be granted and that the applicant be required to come
back with an Environmental Impact Report for the property.
Expressed concerns about "piecemealing" the project and feels that the entire
property should be considered as historical.
Commented that these lots where designed for homes with larger properties and
does not want to lose that charm by sub-dividing parcels.
Closed Public Hearing
Council Discussion
Commented on letters submitted in opposition of the project.
Questioned what the Initial Study would show.
Ms. Propp
Clarified that staff is recommending to conduct the appropriate level of
environmental review necessary. Staff will be referring the matter to an
environmental consultant who will conduct an Initial Study. At that point, it would
be the consultant’s recommendation as to what level of environmental
assessment to conduct.
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Public Hearing Item #12 – Continued
MOTION: Motion by Council Member Diane McNutt to remand the
subdivision application to the Planning Commission for further
consideration (Attachment 10) and an environmental assessment
be completed prior to the Planning Commission’ s further
consideration and action.
Seconded by Vice Mayor Steve Rice.
VOTE: Motion passed 4/0. Council Member Barbara Spector was
not in attendance.
OTHER BUSINESS
13. PPW Job No. 10-17 - Almond Grove Street Rehabilitation Project
a. Accept the staff report on the condition of streets in the Almond
Grove District;
b. Provide direction to staff regarding the proposed project
implementation plan.
Council Member Steven Leonardis recused from Item #13 due to the location of a
property he owns.
Staff report made by Todd Capurso, Director of Parks and Public Works and Mr.
Shafer, Nichols Consulting.
Council Comments
Questioned the difference between concrete and asphalt in terms of construction
impacts to the neighborhoods and businesses.
Questioned staff’s plans for educating the community.
Expressed concerns about the condition of the lower streets in the Almond Grove
that are closer to downtown and the impact to the businesses and residents
during the construction.
Questioned if the consulting report refers to property line to property line and
questioned the cure time for the property line to property line portion s of the
project.
Questioned the current cure time for side walk reconstruction projects in other
areas of Town.
Questioned the long term cost and the down sides to concrete over the years.
Expressed concerns about future concrete costs and the life span of concrete.
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Other Business Item #13 – Continued
Mr. Shafer
Clarified that the concrete cure time would be the largest impact to the
neighborhoods.
Commented that the quicker the cure the more expensive the concrete is, so the
cure time would depend on the type of concrete.
Commented that they could do one side of the street at a time and the areas can
be broken up to allow residents to access their homes.
Mr. Capurso
Clarified that neighborhood outreach would include residents and businesses,
signage, and other public awareness methods would be implemented well in
advance.
Clarified that the replacement of the concrete streets is going to be the most
expensive; so staff recommended phasing those streets into several phases.
Commented that a financial benefit would be to reconstruct those asphalt streets
that are fair to poor before they become worse.
Clarified that cure time for driveways and entrances would take more than a day
and that time frames would be built into the design.
Commented that the asphalt streets would require less cure time.
Clarified that concrete streets would not require preventative maintenance and
that over a long period of time trenches or cuts would require concrete
replacement that may be visible, but overall the streets would remain strong.
Mr. Larson
Commented that advanced notice to all utility companies that may have work to
do in the areas may help to eliminate utility cuts on the concrete streets.
Open Public Comments
Mr. Miller
Commended staff and Council for looking into this project.
Suggested beginning with the worst streets such as Glenridge Avenue.
Ms. Rasmussen
Commented in support of the project.
Commented that the Almond Grove is a blighted area and the street
reconstruction is overdue.
Council Comments
Questioned how Ms. Rasmussen and her neighbors feel about the impacts
during the construction.
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Other Business Item #13 – Continued
Ms. Rasmussen
Commented that the neighbors have stated that the impacts could be dealt with
as long as the streets were repaired.
Mr. Larson
Commented that the subject of funding would be brought forward as part of the
Capital Improvement Plan over the next several years.
Expressed concerns that the elimination of Redevelopment funds by the State
would directly reduce funding for the Almond Grove area project over the next
five to ten years.
Ms. Rasmussen
Questioned why the funding options were not in the staff report.
Mr. Capurso
Clarified that the focus of the report was to address the construction op tions.
Staff did not want to bring forward any funding options until the State makes a
final determination regarding Redevelopment funding.
Closed Public Comments
MOTION: Motion by Vice Mayor Steve Rice to accept the staff report on the
condition of streets in the Almond Grove District.
Seconded by Council Member Diane McNutt.
VOTE: Motion passed 3/0. Council Member Barbara Spector was not
in attendance and Council Member Steven Leonardis recused
due to the location of property he owns.
ADJOURNMENT
Attest:
/s/Jackie D. Rose, Clerk Administrator