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M05-1-06 Council Agency Meeting May 15, 2006 TOWN OF LOS GATOS, CALIFORNIA TOWN COUNCIL/PARKING AUTHORITY JOINT REDEVELOPMENT AGENCY May 1, 2006/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, May 1, 2006, in a joint regular session. 7:00 PM ROLL CALL Present: Steve Glickman, Joe Pirzynski, Mike Wasserman, and Mayor/Chairman Diane McNutt. Absent: Barbara Spector 7:01 PM PLEDGE OF ALLEGIANCE Jesse Blumenfeld, Holly Holland, Cole Ferguson, Los Gatos DARE Graduates, led the pledge of allegiance. The audience was invited to participate. 7:03 PM CLOSED SESSION CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Government Code Section 54956.8) Property: Vasona Property Negotiating parties: Town of Los Gatos (Negotiator: Debra Figone, Town Manager) County of Santa Clara (Negotiator: Pete Kutras, County Executive) Under negotiation: Price and terms of payment. Mr. Korb stated direction was given and no action was taken. CONFERENCE WITH LEGAL COUNSEL – PENDING LITIGATION (Government Code Section 54956.9[a]) Worker’s Compensation Claim – Bruce D’Armien v. Town of Los Gatos Mr. Korb stated that direction was given and no action was taken. 7:04 PM PRESENTATION Presentation Town Council Minutes May 1, 2006 Redevelopment Agency Los Gatos, California E:\uploadedFiles\10965f8f7a2c99cff0132a4324427a3a- 66e5a8812a356a31\p1d6r10ih4jc53n65jo3q24k6g.doc 2 of 7 James Q. Wilson Community Policing Award Mr. Pirzynski presented the James Q. Wilson Community Policing Award to the Los Gatos- Monte Sereno Police Department in recognition of their excellence in community policing. Chief Scott Seaman commented on the hard work and community outreach associated with being a recipient of the award. Mr. Melton, Mr. Rimple, Mr. Frisby, Mr. Perez, Mr. Campbell, and Mr. Young were present to receive the award on behalf of the Police Department. 7:11 PM CONSENT ITEMS #1-9 ITEM # 2 WAS PULLED BY MEMBER OF THE PUBLIC AND HEARD AFTER OTHER BUSINESS CONSENT ITEMS TOWN COUNCIL 1. Accept schedule of public hearings.(1-28) 3. Adopt resolution to endorse and support Proposition 81 – Literacy, Learning & Libraries (from California State Library Construction Bond). (3-32) RESOLUTION 2006-047 4. Adopt resolution rescinding Resolution 2005-52 and establishing rules for the Youth Commission. RESOLUTION 2006-048 (4-12) 5. Adopt resolution making determinations and approving the reorganization of territory designated “Mireval Road No. 3,” approximately 15.4 acres located at the end of Mireval Road (APN: 532-25-027) RESOLUTION 2006-049 (5-26) 6. Hazardous Vegetation (Brush) (6-33) a. Adopt resolution declaring hazardous vegetation (brush) a public nuisance and providing for their abatement. RESOLUTION 2006-050 b. Set June 19, 2006, as a public hearing on this annual program. 7. Zoning Code Amendments A-06-01 Town Council Minutes May 1, 2006 Redevelopment Agency Los Gatos, California E:\uploadedFiles\10965f8f7a2c99cff0132a4324427a3a- 66e5a8812a356a31\p1d6r10ih4jc53n65jo3q24k6g.doc 3 of 7 #1-9 Continued ITEM #2 WAS PULLED BY MEMBER OF THE PUBLIC AND HEARD AFTER OTHER BUSINESS CONSENT ITEMS through A-06-11 (7-37) Adopt ordinance amending sections of the Town Code addressing: References to Planning Director. Requirements for Certificates of Use and Occupancy/Second Dwelling Units/Appeals from decisions of the Planning Director. Parking exemption clarification for historic districts and parking lot and dimension modifications to meet National Pollution Discharge Elimination System Requirements. Minor residential development application procedures and approvals required for Architecture and Site Application. Projections allowed into yards, convert Town Policies into Town Code requirements relating to detached accessory structure exemptions, and detached garage exemption. Title clarification and height exception for wireless telecommunication facilities Salvaging/Recycling requirements for demolitions. Appeal withdrawals, noticing procedures for minor residential projects and clarification of appeal fees. Conditional Use Permit requirement for new office buildings and findings for denial. Convert Town Policies into Town Code requirements relating to definitions of attic/cellar/basement. Spelling and Grammar corrections. ORDINANCE 2149 TOWN COUNCIL/REDEVELOPMENT 8. Approve Council/Agency Minutes of April Town Council Minutes May 1, 2006 Redevelopment Agency Los Gatos, California E:\uploadedFiles\10965f8f7a2c99cff0132a4324427a3a- 66e5a8812a356a31\p1d6r10ih4jc53n65jo3q24k6g.doc 4 of 7 #1-9 Continued 17, 2006 (8-V) 9. Main Street Streetscape and Resurfacing – Main Street and Los Gatos-Almaden Roads Projects (9-24) a. Adopt resolution approving plans and specifications for the Main Street and resurfacing of Main Street and Los Gatos almaden Roads projects and authorizing staff to advertise the projects for bids. RESOLUTION 2006-051 b. Authorize budget adjustment to transfer $142,940 from project account 930-0344 to account 930- 0217. Motion by Mr. Pirzynski to adopt Consent Items #1, and #3 – 9. Seconded by Mr. Wasserman 7:13 PM MAYOR CALLED THE QUESTION 4 in favor, 0 opposed, Mrs. Spector was absent. 7:13 PM OPEN VERBAL COMMUNICATION Mr. Davis Commented on Mr. Glickman’s action at the April 19, 2006 Special Meeting, and that he felt Mr. Glickman misused his authority relating to the youth in the community. 7:17 PM CLOSED VERBAL COMMUNICATION 7:17 PM PUBLIC HEARINGS ITEM #10 FEES, RATES, AND CHARGES ITEM #10 (10-9) Adopt resolution continuing certain department fees, rates, and charges, and amending certain fess, rates, and charges. RESOLUTION 2006-052 Staff report made by Steve Conway. 7:26 PM COUNCIL COMMENT Clarification regarding the “Special Systems” fee. Mr. Korb clarified the regulations relating to the NPDES permitting requirements. 7:29 PM PUBLIC HEARINGS ITEM #10 Continued Mr. Davis Commented on verbatim minutes verses action minutes relating to Planning Town Council Minutes May 1, 2006 Redevelopment Agency Los Gatos, California E:\uploadedFiles\10965f8f7a2c99cff0132a4324427a3a- 66e5a8812a356a31\p1d6r10ih4jc53n65jo3q24k6g.doc 5 of 7 FEES, RATES, AND CHARGES OPEN PUBLIC HEARING Commission. Questioned the transcribing fees associated with appeals. Mr. Newick Commented on supporting the decrease in fees associated with the installation of solar panels and requested consideration of further reductions. Mr. Schreeder Commented on standardizing the fees related to inspections of solar panel installations, and supporting the decrease in fees. 7:38 PM CLOSED PUBLIC HEARING 7:38 PM COUNCIL DISCUSSION Clarification regarding cost recovery and the cost associated with building inspections of solar panel installations. Asked for consensus to a set fee of $300.00 for permits associated with installation of solar panels. Commented that the general public may not want to subsidize individual homeowners’ installation of solar panels. Commented that the language in the General Plan addresses the need to do green building. Commented on the methodology relating the fee structure. Commented on Council and community support relating to the solar industry. Commended the Sierra Club for their work on the survey. Motion by Mr. Glickman to adopt resolution continuing certain department fees, rates, and charges, and amending certain fess, rates, and charges. Seconded by Mr. Pirzynski. 7:47 PM MAYOR CALLED THE QUESTION 4 in favor, 0 opposed, Mrs. Spector was absent. 7:48 PM OTHER BUSINESS None. 7:48 PM CONSENT ITEMS #1-9 Continued ITEM #2 2. Approve Council minutes of April 19, 2006 Special Meeting. (2-V) Town Council Minutes May 1, 2006 Redevelopment Agency Los Gatos, California E:\uploadedFiles\10965f8f7a2c99cff0132a4324427a3a- 66e5a8812a356a31\p1d6r10ih4jc53n65jo3q24k6g.doc 6 of 7 PULLED CONSENT ITEM #2 Mr. Davis Commented regarding the minutes of April 19, 2006 and asked to consider a summation of the meeting. Commented regarding the Brown Act and the public comment section of the minutes. Mr. Korb Clarified the Brown Act does not require comments to be noted. Mr. Glickman Commented that he would like to see more statements added to the minutes of April 19, 2006. Clarification regarding Council comments for the April 19, 2006 minutes. Mr. Pirzynski Asked for consensus to summarize the public comment. Mr. Korb Read the following statement Mrs. Spector requested to be added to the minutes: “Commented upon existence of undisputed facts.” Consensus to add public comments to the April 19, 2006 Special Meeting minutes. 7:54 PM ITEM #11 COUNCIL MATTERS ITEM #11 Continued COUNCIL MATTERS ITEM #11 Mrs. McNutt Announced a public reception on Friday, May 5, 2006 at 6:00 PM, with the artist whose art is on display in the Council Chambers. Commented that applications are being accepted for the Senior of Distinction award. Deadline for submittal of applications is May 19, 2006. Reminder to the public that the May 15, 2006 Council meeting is a budget meeting and will start at 6:00 PM. Mr. Glickman Announced that on May 9, 2006 the Youth Commission will be holding a “speak-out” Town Council Minutes May 1, 2006 Redevelopment Agency Los Gatos, California E:\uploadedFiles\10965f8f7a2c99cff0132a4324427a3a- 66e5a8812a356a31\p1d6r10ih4jc53n65jo3q24k6g.doc 7 of 7 event in the Council Chambers. 7:57 PM ITEM #12 MANAGER MATTERS ITEM #12 None. 7:57 PM MEETING ADJOURNED Submitted by: ATTEST: Jackie D. Rose, Deputy Clerk MarLyn Rasmussen, Clerk Administrator