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M12-05-05DRAFT TOWN OF LOS GATOS Council/Agency Meeting CALIFORNIA Date: 12/19/2005 TOWN COUNCIL/PARKING AUTHORITY JOINT REDEVELOPMENT AGENCY Item#_________ December 5, 2005/MINUTES Los Gatos Civic Center 110 E. Main Street Los Gatos, CA 95030 TIME ITEM ACTION ON ITEM TOWN COUNCIL The Town Council/Parking Authority/Redevelopment Agency of the Town of Los Gatos met in the Council Chambers of the Town of Hall, 110 East Main Street, at 7:00 PM, December 5, 2005, in a joint regular session. 6:15 PM INTERVIEWS Interviews were held for the following Boards/Commissions/Committees. Architectural Standards Peggy Dallas Community Services Commission Randal Avey Curtis Campbell Mollie Drake Susan Gomez Lisa Swenson Appointments will be made at the December 19, 2005 Town Council meeting. 7:01 PM ROLL CALL Present: Steve Glickman, Diane McNutt, Joe Pirzynski, Barbara Spector, and Mayor/Chairman Mike Wasserman Absent: None 7:02 PM PLEDGE OF ALLEGIANCE Mariah Heminger, Student Council President, Fisher Middle School, was selected as a Future Leader and led the pledge of alliance. The audience was invited to participate. 7:03 PM CLOSED SESSION CONFERENCE WITH LABOR NEGOTIATOR (Government Code Section 54957.6) Town Lead: Rumi Portillo, Human Resources Director Employee Organization: Police Officer’s Association Mr. Korb stated that direction was given and no action was taken. 7:04 PM COMMENDATIONS Commendations Town Council Minutes December 5, 2005 Redevelopment Agency Los Gatos, California 3/25/2019 1:11 PM Page 2 of 14 E:\uploadedFiles\d4ade5f12b93c12191acdf19b7f7d67-c67a6a21c788419\p1d6r0onjpvo47tceo2oo9vl3j.doc Leigh Weimer, San Jose Mercury Columnist. Mayor McNutt presented the commendation to Leigh Weimer for his many accomplishments, and community service to the Town. 7:08 PM CONSENT ITEMS #1-11 ITEM #4 and #10 WERE PULLED AND HEARD AFTER OTHER BUSINESS CONSENT ITEMS TOWN COUNCIL 1. Accept Schedule of Public Hearings. (1-28) 2. Authorize the Town Manager to accept a $2,500 grant from Pacific Gas and Electric Company (PG&E) to the Town of Los Gatos to be used to support Community Unity effort in Los Gatos. (2-V) 3. Adopt a resolution authorizing the transfer of Community Development Block Grant (CDBG) funds and related budget adjustments. RESOLUTION 2005- 121 (3-37) 5. Project 04-64 – Installation of Equipment for the Chiller/Cooling Tower Replacement Improvements. (5-24) Adopt resolution to reject bids for the installation of equipment for the chiller/cooling tower replacement and authorize staff to rebid the project. RESOLUTION 2005- 123 6. Project 04-16 – Fiscal Year 2004/05 Street Repair and Resurfacing (6-24) a. Adopt resolution accepting work of Western States Surfacing, Incorporated and authorizing the Town Manager to execute Certificate of Acceptance and Notice of Completion. RESOLUTION 2005-124 b. Authorize increase in contract amount from $1,012,262 60 1,102,147. c. Authorize budget revenue adjustment of $1102,360 to Project 400-0352 ($82,297 from cost-sharing reimbursement and remaining balance of $20,063 transfer from GFAR Unappropriated Fund Balance) d. Authorize budget adjustment to increase appropriations in the amount of $102,360 to project 400-0352. 7. Adopt resolution initiating the reorganization of the inhabited Town Council Minutes December 5, 2005 Redevelopment Agency Los Gatos, California 3/25/2019 1:11 PM Page 3 of 14 E:\uploadedFiles\d4ade5f12b93c12191acdf19b7f7d67-c67a6a21c788419\p1d6r0onjpvo47tceo2oo9vl3j.doc #1-11 Continued ITEM #4 and #10 WERE PULLED AND HEARD AFTER OTHER BUSINESS territory known as Arnerich Road No. 1 to the Town of Los Gatos, setting the matter for a hearing on January 17, 2006, and directing mailing, posting and publishing of notices of the hearing. RESOLUTION 2005-125 (7-26) 8. Adopt resolution setting date for consideration of reorganization of uninhabited area designated “Linda Avenue No. 3”, approximately 3.667 acres located at 15881 & 15909 Linda Avenue and 15950 Stephanie Lane (APN:532-25-020 & 036). Resolution 2005-126 (8-24) 9. Adopt resolution for setting date for consideration of reorganization of uninhabited area designated “Hilow Road No. 2”, approximately 0.450 acres located at 16439 Hilow Road (APN: 532-04-065). RESOLUTION 2005-127 (9-24) TOWN COUNCIL/REDEVELOPMENT 11. Adopt resolution approving the 2004/05 Annual report for the Los Gatos Redevelopment Agency. (11-27) RESOLTUION 2005-128 and 2005- 14RD Motion by Glickman to approve Consent Items #1-3, #5-9, and #11. Seconded by Mr. Pirzynski. 7:09 PM MAYOR CALLED THE QUESTION Carried unanimously. 7:10 PM VERBAL COMMUNICATION Mr. Davis Clarification regarding time limit for speaking at tonight’s meeting. Commented on De Cinzo’s Cartoon in the Weekly Times. 7:13 PM CLOSED VERBAL COMMUNICATION 7:13 PM PUBLIC HEARINGS ITEM #12 Consider a request for approval of a modification to an existing Conditional Town Council Minutes December 5, 2005 Redevelopment Agency Los Gatos, California 3/25/2019 1:11 PM Page 4 of 14 E:\uploadedFiles\d4ade5f12b93c12191acdf19b7f7d67-c67a6a21c788419\p1d6r0onjpvo47tceo2oo9vl3j.doc ITEM #12 368 VILLAGE LANE CAFÉ MARCELLA Use Permit Application to expand from beer and wine to full liquor service (Café Marcella) on property zoned C-2. Conditional Use Permit U-06-003. APN 529-04-053. Property location: 368 Village Lane. Property owner: The Walter B Franck Support Trust. Applicant: Café Marcella, Incorporated. (12-15) Staff report made by Bud Lortz. 7:15 PM COUNCIL COMMENT Questioned serving liquor with meals only. Questioned why the last sentence under Condition Six (6) would be removed. 7:17 PM OPEN PUBLIC HEARING Mr. Staebler, applicant Commented on the difficulty of surviving in the restaurant business without the allowance of full beverage sevices. Commented that the Alcohol Policy conditions are acceptable. 7:19 PM CLOSE PUBLIC HEARING 7:19 PM COUNCIL DISCUSSION Motion by Mr. Pirzynski to accept report, approve application, and include conditions recommended by the Planning Commission to modify the conditional Use Permit with the findings to include: The proposed uses of the property are essential or desirable to the public convenience or welfare; and The proposed uses will not impair the integrity and character of the zone; and The proposed uses would not be detrimental to public health, safety or general welfare; and The proposed uses of the property are in harmony with the various elements or objectives of the General plan and the purposes of the Town Code. Seconded by Mrs. Spector. Commented that this is an expansion of an existing Conditional Use Permit. 7:22 PM MAYOR CALLED THE QUESTION Carried unanimously. 7:23 PM Consensus for Alcohol Policy to remain as currently stated requiring Council review of requests 7:23 PM PUBLIC HEARINGS Continued ITEM #13 Consider an extension of an Urgency Interim Ordinance Town Council Minutes December 5, 2005 Redevelopment Agency Los Gatos, California 3/25/2019 1:11 PM Page 5 of 14 E:\uploadedFiles\d4ade5f12b93c12191acdf19b7f7d67-c67a6a21c788419\p1d6r0onjpvo47tceo2oo9vl3j.doc ITEM #13 LOS GATOS AUTO MALL EXTENTION URGENCY ORDINANCE (Ordinance 2140) establishing streamline review process for a replacement facility at 15200 Los Gatos Boulevard (Los Gatos Auto Mall). (13-37) Staff report made by Bud Lortz. 7:26 PM COUNCIL COMMENT Questioned the timeline for the completion of the project. Questioned if the facts of this project still fit into the perimeters of an Urgency Ordinance. 7:28 PM OPEN PUBLIC HEARING Mr. Davis Commented on the criteria relating to notification for the Urgency Ordinance. Commented on the wording in the ordinance relating to the building requirements and a possible second story addition. 7:31 PM CLOSE PUBLIC HEARING 7:31 PM Mayor directed Clerk Administrator to read the Title of the Ordinance. 7:32 PM COUNCIL DISCUSSION Motion by Mr. Glickman to wave the reading of the ordinance. Seconded by Mr. Pirzynski. 7:32 PM MAYOR CALLED THE QUESTION Carried Unanimously. 7:32 PM COUNCIL DISCUSSION Motion by Mr. Glickman to adopt extension of the Urgency Ordinance. Seconded by Mr. Wasserman. Mr. Korb stated that he will bring ordinance to Council for final approval through consent calendar on December 19, 2005. 7:33 PM MAYOR CALLED THE QUESTION Carried unanimously. 7:33 PM COUNCIL DISCUSSION Motion by Mr. Wasserman to approve report. Seconded by Mr. Pirzynski. 7:33 PM MAYOR CALLED THE QUESTION Carried unanimously. 7:34 PM OTHER BUSINESS ITEM #14 UPDATE D REPORT ITEM #14 Review the updated report on Roberts Road Bridge and provide direction to staff. (14-33) Town Council Minutes December 5, 2005 Redevelopment Agency Los Gatos, California 3/25/2019 1:11 PM Page 6 of 14 E:\uploadedFiles\d4ade5f12b93c12191acdf19b7f7d67-c67a6a21c788419\p1d6r0onjpvo47tceo2oo9vl3j.doc ON ROBERTS ROAD BRIDGE Staff report made by John Curtis. 7:55 PM COUNCIL COMMENT Clarification regarding the settlement issue and the scouring issue which is occurring beneath the bridge. Question safety of pedestrians and vehicles on and around the bridge. Questioned if the only way to guarantee seismic safety is to replace the bridge. Questioned the timeframe for completion of any of the options listed in the staff report, and asked if staff could come back with an estimated time for repairing or replacing the bridge. Questioned cost for aesthetics added to reflect the current the look of the bridge. Questioned what can be done during the interim time to possibly restore traffic to the bridge. Asked if weight restrictions could be set for vehicles crossing the bridge. Clarification regarding timing of repairs and environmental impact studies. Questioned if all structures built before 1941 were required to go through the Historical Preservation Committee. Commented on conditions in the Ohlone Development and the Summerhill Homes ordinances relating to preserving the bridge. 8:23 PM OPEN PUBLIC COMMENT Mr. Courtney Commented regarding the added traffic on Oak Meadow Drive since bridge has been closed. He would like to see the bridge reopened as soon as possible. Mr. Smedt Commented on supporting Cal Trans option to assist in reconstructing a new bridge, and to move forward with the grant funding option. ITEM #14 Continued UPDATE D REPORT ON ROBERTS ROAD BRIDGE Mr. Smeldt (Continued) Commented on the ordinance with Summerhill Homes regarding maintenance of the bridge. Commented that he feels that the bridge is not historic. Mr. Dyer Commented on the parking problems for his office staff and Town Council Minutes December 5, 2005 Redevelopment Agency Los Gatos, California 3/25/2019 1:11 PM Page 7 of 14 E:\uploadedFiles\d4ade5f12b93c12191acdf19b7f7d67-c67a6a21c788419\p1d6r0onjpvo47tceo2oo9vl3j.doc PUBLIC COMMENT patients since the bridge was closed. Commented on supporting the reconstruction of a new bridge. Mr. Falini Commented on supporting the reconstruction of a new bridge. Ms. Pief Commented on supporting the complete removal of the bridge. Commented that there is more safety with the bridge closed or removed. Ms. Jordan Commented on supporting the reconstruction of a new bridge. Commented on the gridlock and added traffic during the Holiday Lights program since the bridge has been closed. Mr. Vieth Commented on supporting the reconstruction of a new bridge. Commented on the increased traffic on Oak Meadow Drive since the bridge has been closed. Commented on striping the bridge for one lane. Mr. Ahmed Commented on the safety issues on Roberts Road. Commented on supporting the closure of the bridge and finding alternate routes for the neighbors. Would like to see dialogue opened up the community regarding input and suggestions relating to the bridge issues. Chris Miller Commented on history verses functionality relating to the bridge. 8:44 PM CLOSE PUBLIC COMMENT 8:44 PM ITEM #14 Continued UPDATE D REPORT ON ROBERTS ROAD BRIDGE Commented on the Town’s General Plan relating to decisions made on the community’s behalf to protect historic structures. Commented on historical preservation guidelines in the Town. Commented on seismic safety regarding the bridge. Town Council Minutes December 5, 2005 Redevelopment Agency Los Gatos, California 3/25/2019 1:11 PM Page 8 of 14 E:\uploadedFiles\d4ade5f12b93c12191acdf19b7f7d67-c67a6a21c788419\p1d6r0onjpvo47tceo2oo9vl3j.doc COUNCIL DISCUSSION Commented on the interpretation of the ordinances relating to the bridge during the development of the Ohlone neighborhood. Motion by Mr. Wasserman to pursue grant funding which would allow the opening of Roberts Road Bridge to all traffic, following replacement of the bridge. Should grant funding be available, that staff initiate the steps necessary to pursue the project following a report brought back to Council. Motion to include staff recommendations on key elements and costs to add features which will preserve the historic nature and image of the bridge. Seconded by Mr. Glickman. Commented on the preserving the history of the Town. Commented on pursuing the grant funding, but suggested that discussion be brought back to Council relating to the Planned Development Ordinances which refer to preservation of the bridge. Commented on future discussions addressing the safety issues on Roberts Road. Questioned what use can the bridge have during the interim period. 9:07 PM MAYOR CALLED THE QUESTION Carried unanimously. 9:08 PM MAYOR CALLED FOR A RECESS Meeting resumed at 9:15 PM. 9:15 PM ITEM #15 COUNTY ISLAND ANNEXATION PROCESS ITEM #15 Provide direction to staff regarding the County island annexation process. (15-26) Staff report made by Pamela Jacobs. 9:20 PM COUNCIL COMMENT Questioned if staff has determined the cost of recommendations 1 and 2 relating to postage and staff time. Town Council Minutes December 5, 2005 Redevelopment Agency Los Gatos, California 3/25/2019 1:11 PM Page 9 of 14 E:\uploadedFiles\d4ade5f12b93c12191acdf19b7f7d67-c67a6a21c788419\p1d6r0onjpvo47tceo2oo9vl3j.doc Questioned how a vote relating to annexation of the pockets could be structured by the Town. 9:23 PM OPEN PUBLIC COMMENT Mr. Walther Commented against supporting the annexation process. Ms. Hernandez Commented against supporting the annexation process. Mr. Grams Commented against supporting the annexation process. Mr. Eisenbaum Commented against supporting the annexation process. Mr. Vodner Commented against supporting the annexation process. Mr. Boschert Commented against supporting the annexation process. Mr. Berko Commented against supporting the annexation process. Mr. Davis Commented against supporting the annexation process. Mr. Hartigan Commented against supporting the annexation process. Asked for vote by individual pockets with majority of votes cast. TEM #15 Continued COUNTY ISLAND ANNEXATION PROCESS PUBLIC COMMENT Mr. O’Brien Commented against supporting the annexation process. Mr. Housman Commented against supporting the annexation process. Commented against the post card vote. Mr. Fox Commented against supporting the annexation process. Town Council Minutes December 5, 2005 Redevelopment Agency Los Gatos, California 3/25/2019 1:11 PM Page 10 of 14 E:\uploadedFiles\d4ade5f12b93c12191acdf19b7f7d67-c67a6a21c788419\p1d6r0onjpvo47tceo2oo9vl3j.doc Ms. Patrick Commented against supporting the annexation process. Ms. Steele Commented against supporting the annexation process. Commented on the cost to provide services to the annexed residents. Mr. Stone Commented against supporting the annexation process. Mr. Davies Commented against supporting the annexation process. Mr. Fullerton Commented against supporting the annexation process. Mr. Mortaz Commented against supporting the annexation process. Ms. Geary Commented against supporting the annexation process. Commented that they preferred the rural feel to the neighborhood with no street lights or sidewalks. Mr. Pope Commented against supporting the annexation process. Ms. Beverly Commented against supporting the annexation process. 9:58 PM ITEM #15 Continued COUNTY ISLAND ANNEXATION PROCESS CLOSE PUBLIC COMMENT Ms. Jacobs, Assistant Town Manager Clarified the Town’s involvement regarding the “resolution of intent” and clarified that the Town would not require street lights and sidewalks if islands were annexed. 10:00 PM COUNCIL Commented regarding an article in the local paper relating Town Council Minutes December 5, 2005 Redevelopment Agency Los Gatos, California 3/25/2019 1:11 PM Page 11 of 14 E:\uploadedFiles\d4ade5f12b93c12191acdf19b7f7d67-c67a6a21c788419\p1d6r0onjpvo47tceo2oo9vl3j.doc DISCUSSION to erroneous data reported by the Sierra Club regarding solar costs. Commented that a vote for annexation would not work unless County can align County building regulations with the Town. Motion by Mrs. Spector to not proceed with the annexation process at this time. Seconded by Mr. Wasserman. Suggested that staff work with the County to facilitate annexation for the people who would like to be annexed into the Town. Commented that the County has concerns regarding providing services to the County pockets. Commented on the benefits of living in Los Gatos. Commenting on conducting outreach to support those residents who would like to be annexed into the Town. 10:12 PM MAYOR CALLED THE QUESTION Carried unanimously. 10:13 PM CONSENT ITEMS #1-11 Continued PULLED ITEMS #4 AND #10 CONSENT ITEMS #1-11 Continued PULLED ITEMS #4 AND #10 4. Award of Construction for Project 05-18 – 25 Fiesta Way ADA Improvements. (4-24) a. Adopt resolution declaring GKI Construction and Development to be the lowest responsible bidder on the project and awarding a construction contract in the amount of $63,500.00. RESOLUTION 2005-122 b. Authorize staff to issue change orders to the construction contract up to an amount of $5,000. c. Authorize transfer of $5,250 from Building Maintenance Fund 6695 to 400-0539-49695. d. Authorize budget adjustment to increase appropriations in amount of $5,250 in account 400-0539-82002. e. If additional CDBG-ADA Fund Source is not approved by County as anticipated, authorize transfer of $7,537 from Building Maintenance Fund 6695 to 400-0539-49695. Mr. Davis Commented regarding funding relating to the ADA requirements, and the width of the sidewalks in front of the property. 10. Approve Town Council/Agency minutes of November 21, 2005 Town Council Minutes December 5, 2005 Redevelopment Agency Los Gatos, California 3/25/2019 1:11 PM Page 12 of 14 E:\uploadedFiles\d4ade5f12b93c12191acdf19b7f7d67-c67a6a21c788419\p1d6r0onjpvo47tceo2oo9vl3j.doc (10-V) Mr. Davis Commented on his statement from the November 21, 2005 relating to the lack of sidewalks on Blossom Hill Road. Commented that he would like to see sidewalks before the estimated 2006/07 Fiscal Year. 10:19 PM COUNCIL DISCUSSION Motion by Mr. Pirzynski to approve Consent Items #4 and #10. Seconded by Mr. Glickman. 10:19 PM MAYOR CALLED THE QUESTION Carried unanimously. 10:20 PM ITEM #16 COUNCIL MATTERS ITEM #16 Council Matters Adopt resolution approving appointment of Council Member Steve Glickman to the Board of Directors of the Housing Trust of Santa Clara County. RESOLUTION 2005-129 (16-12) Staff report made by Orry Korb. 10:22 PM ITEM #16 Continued COUNCIL MATTERS COUNCIL COMMENT Mr. Glickman recused from Item #16. Questioned the effect of Council Policy relating to Council sitting on boards of directors for non profit organizations which receive funding from the Town. Commented on the value to have representation on the Housing Trust Board. 10:28 PM OPEN PUBLIC COMMENT Mr. Davis Commented on ethics relating to conflict of interest. 10:31 PM CLOSED PUBLIC Town Council Minutes December 5, 2005 Redevelopment Agency Los Gatos, California 3/25/2019 1:11 PM Page 13 of 14 E:\uploadedFiles\d4ade5f12b93c12191acdf19b7f7d67-c67a6a21c788419\p1d6r0onjpvo47tceo2oo9vl3j.doc COMMENT 10:32 PM COUNCIL DISCUSSION Motion by Mr. Pirzynski to approve appointment of Council Member Steve Glickman to the Board of Directors of the Housing Trust of Santa Clara County with amendment precluding Mr. Glickman from voting on any grant funding that comes to the Town. Seconded by Mr. Wasserman. Commented on the current policy which exists and feels that the policy should be revised before supporting a motion to allow such appointments. Commented that all cities are being asked to sit on this board. 10:37 PM MAYOR CALLED THE QUESTION Carried 3/1/1 Mrs. Spector voting no, and Mr. Glickman abstained. 10:37 PM Consensus for policy committee to examine the rule adding “absence of good cause” to the Council Policy. ITEM #16 Continued COUNCIL MATTERS Mr. Pirzynski Invited all to attend the Cities Association Holiday event. Mrs. McNutt Commented that she will be visiting Pascagoula Mississippi, Los Gatos’ adopted Katrina City, next week to meet with the Mayor. 10:41 PM ITEM #17 MANAGER MATTERS ITEM #17 None. Town Council Minutes December 5, 2005 Redevelopment Agency Los Gatos, California 3/25/2019 1:11 PM Page 14 of 14 E:\uploadedFiles\d4ade5f12b93c12191acdf19b7f7d67-c67a6a21c788419\p1d6r0onjpvo47tceo2oo9vl3j.doc 10:42 PM MEETING ADJOURNED Submitted by: Attest: Jackie D. Rose, Deputy Clerk MarLyn J. Rasmussen, Clerk Administrator Secretary to the Redevelopment Agency