M12-21-09
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MINUTES OF THE TOWN COUNCIL/PARKING
AUTHORITY/REDEVELOPMENT AGENCY
DECEMBER 21, 2009
The Town Council of the Town of Los Gatos conducted a Regular Meeting on
Monday, December 21, 2009 at 7:00 P.M.
TOWN COUNCIL/PARKING AUTHORITY/REDEVELOPMENT AGENCY
SPECIAL MEETING/STUDY SESSION BEGAN AT 5:45 P.M.
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
Ben Grassman, St. Mary’s School led the Pledge of Allegiance. The audience
was invited to participate.
PRESENTATIONS
Commendation for Dave Schaub - Ronald McDonald House Fundraiser
Mayor Diane McNutt presented a commendation to Mr. Schaub for driving
across the country in nine days in a 1932 Roadster to fundraise for the Ronald
McDonald House.
CLOSED SESSION REPORT
PUBLIC EMPLOYEE APPOINTMENT
(Government Code Section 54957)
Title: Town Attorney Appointment
Mr. Korb stated that direction was given and that no final reportable action was
taken.
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TOWN COUNCIL
COUNCIL/TOWN MANAGER REPORTS
Council Matters
There were no Council Matters for this meeting.
Manager Matters
Mr. Larson
Commented on the Senior Holiday Dance hosted by the Town.
Commented that the Los Gatos Library hosted a book signing event
which featured local author Steve Sporleder.
Commented that the Town participated in the “Avoid the 13” drinking-
driving campaign and local checkpoint on December 30th, along with the
City of Campbell.
Commented that the Town was hit with at least nine vehicular break-ins.
The Police Department proceeded with a stake-out the following day and
was pleased to say that two likely suspects were apprehended and
stolen items were recovered.
Commended the Police Officers for following up on the case.
Commented that the Town would be closed for the holiday season from
December 24th through January 3rd.
Commented that the Library and Police services would be available during
the Town closure.
Did You Know…?
Todd Capurso, Director of Parks and Public Works updated the Council
and community on the availability and location of sandbags for the winter
season.
CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION)
1. Approve Council Minutes of December 16, 2009.
2. Adopt Council Committee Appointments effective January, 2010
3. Adopt resolution appointing an Interim Town Attorney.
RESOLUTION 2009-126
4. Adoption of an Identity Theft Prevention Policy.
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Consent Items – Continued
5. Adopt resolution authorizing the Town Manager to execute the third
amendment to the agreement for Parking Lot Lease between the Town
of Los Gatos and Verizon California, Incorporated, to allow Verizon
California, Incorporated’s parking area to be modified to include three
additional parking spaces (reducing the number of spaces available
for public parking by three) RESOLUTION 2009-127
6. Adopt resolution authorizing the Town Manager to execute an
amendment to the Professional Services Agreement with Innovative
Claims Solutions; Incorporated to extend the contract for six months
to perform workers’ compensation claims administration.
RESOLUTION 2009-128
7. Adopt resolution granting an application to operate a restaurant with
beer and wine service and outdoor seating on property zoned C-1.
APN 406-30-015. Conditional Use Permit U-09-009. Property location:
14101 Winchester Boulevard. Property owner: Winchester Associates,
LLC. Applicant: Tougas Enterprises, Incorporated.
RESOLUTION 2009-129
8. Adopt resolution granting appeal and reversing a decision of the
Planning Commission denying a request to demolish an existing
single family home, construct a new residence with reduced setbacks
and an above grade pool on a slope greater than 30% on property
zoned HR-1, and remanding the application to the Planning
Commission. Architecture and Site Application S-09-017 - APN: 532-
40-023. Property location: 132 Teresita Way Property.
Owner/appellant: Dave and Heather Magetti. RESOLUTION 2009-130
9. PPW Job No. 04-68 Roberts Road Bridge Reconstruction Project-
Construction Management Services Adopt a resolution authorizing
the Town Manager to execute a professional services agreement with
Ghirardelli Associates to provide construction management services
in an amount not to exceed $270,888. RESOLUTION 2009-131
10. PPW Job No. 04-68 Roberts Road Bridge Reconstruction Project -
Construction Support Services. Adopt a resolution authorizing the
Town Manager to execute an amendment to the professional services
agreement with Biggs Cardosa Associates, Incorporated to provide
construction support services in an amount not to exceed $145,300.
RESOLUTION 2009-132
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Consent Items – Continued
11. PPW Job No. 04-68 Roberts Road Bridge Reconstruction Project 411-
818-0802.
a. Adopt resolution declaring Jones Brothers to be the lowest
responsible bidder on the project and award a construction contract
in an amount not to exceed $2,075,429. RESOLUTION 2009-133
b. Authorize staff to execute future change orders to the construction
contract as necessary in an amount not to exceed $300,000
c. Authorize a budget adjustment from the Annual Street Resurfacing
Program of $150,000 to be appropriated to this project.
12. PPW Job No. A09-26 - Tree Trimming Project
a. Adopt resolution declaring TruGreen Landcare to be the lowest
responsible bidder on the project and award a tree trimming contract
in an amount not to exceed $51,760. RESOLUTION 2009-134
b. Authorize staff to issue change orders to the contract as necessary in
an amount not to exceed $53,240.
c. Authorize use and a $10,000 revenue increase in GFAR from the Park-
in-lieu - North Side Parking Lot deposit account 411-24107.
d. Authorize $10,000 operating transfer from GFAR to General Fund’s
Street & Signal Program Tree Service account.
13. PPW Job No. 09-12 - Fiscal Year 2009/10 - Retaining Wall Replacement
Project at Cleland Avenue Project 411-815-9930 Adopt resolution
approving plans and specifications for the retaining wall replacement
at Cleland Avenue and authorizing staff to advertise the project for
bid. RESOLUTION 2009-135
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Consent Items – Continued
TOWN COUNCIL/REDEVELOPMENT AGENCY
14. Approve Council/Agency minutes of December 7, 2009
15. Adopt resolution approving the Fiscal Year 2008/09 Los Gatos
Redevelopment Agency Annual Report. RESOLUTION 2009-136
16. Adopt a resolution authorizing the Town of Los Gatos to apply for
federal stimulus funding through the Energy Efficiency Conservation
Block Grant Program. RESOLUTION 2009-137
17. PPW Job No 09-08 Library Utility Undergrounding Project 821-2104
Adopt resolution approving plans and specifications for the Library
Utility Undergrounding Project and authorize staff to advertise the
project for bid. RESOLUTION 2009-138
18. Adopt a joint resolution pursuant to Public Contract Code Section
20101 adopting a uniform system of rating bidders and an appeal
process for the pre-qualification of prospective bidders for public
works projects. RESOLUTION 2009-139
Mr. Davis pulled Consent Items #8, 14, and #15.
Mayor Diane McNutt
Pulled Consent Item #7.
Stated that Pulled Consent Items will be heard after the Public Hearings.
Noted that there is an administrative correction to Item #14.
MOTION: Motion by Vice Mayor Joe Pirzynski to approve Consent
Items #1-6, #9-13, #16-18.
Seconded by Council Member Steve Rice.
VOTE: Motion passed unanimously.
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VERBAL COMMUNICATIONS
Mr. Davis
Commended Parks and Public Works for the installation of a sidewalk on
Mitchell Avenue.
Expressed concerns about two dead trees, one on Roberts Road and one
on Winchester Boulevard that he reported as a public nuisance at the last
meeting.
Expressed concerns about a presentation from a Planning Commission
meeting regarding a North 40 plan that includes approximately 1500
single-family homes and the traffic impact it may cause.
Closed Verbal Communications
REDEVELOPMENT AGENCY
PUBLIC HEARINGS
19. Consider and adopt the Redevelopment Agency Five Year
Implementation Plan and Affordable Housing Production Plan for the
Central Los Gatos Redevelopment Project for the period July 1, 2009,
to June 30, 2014.
Staff report made by Joel Paulson, Associate Planner
Opened/Closed Public Hearing
MOTION: Motion by Council Member Steve Rice to adopt the
Redevelopment Agency Five Year Implementation Plan and
Affordable Housing Production Plan for the Central Los
Gatos Redevelopment Project for the period July 1, 2009, to
June 30, 2014.
Seconded by Vice Mayor Joe Pirzynski.
VOTE: Motion passed unanimously.
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Public Hearings – Continued
TOWN COUNCIL
20. Consider adopting a resolution initiating the reorganization of the
uninhabited territory known as Arnerich Road No. 2 to the Town of
Los Gatos, setting the matter for a hearing on February 1, 2010, and
directing mailing, posting and publishing of notices of the hearing for
property pre-zoned RC and HR-20. APNs: 537-11-009 & 030, 537-17-
005, 015, 018, 020, 021, 024, 027 & 032 File #AN-08-003.
RESOLUTION 2009-140
Staff report made by Jennifer Savage, Assistant Planner
Open Public Hearing
Ms. Perzow
Commented that she supports the annexation and thanked staff for their
work to address everyone’s concerns.
Council Member Steve Rice
Requested clarification from Mr. Korb about a letter written by his cousin
relating to the annexation. He questioned whether the letter would be a
conflict and stated that he has no interest in the property.
Mr. Korb
Clarified that since he has no interest in the property, the question for
Council Member Steve Rice would be whether he feels that his
relationship to his cousin would affect his objectivity to make a fair
decision. If Council Member Steve Rice feels that it does affect his
objectivity or may be perceived as though it may, then he may want to be
recused from the item.
Council Member Steve Rice
Stated that the letter does not have any subject matter relating to the
discussions on this item and would not affect his objectivity.
Mr. Davis
Commended the Mid Peninsula Open Space District for deciding to
withdraw from any annexation into the Town of Los Gatos.
Expressed concerns that any open space land annexed into the Town
may end up with monster homes and excessive traffic issues.
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Public Hearing Item #20 – Continued
Mr. Kokinos
Commented on his prior findings and protest against the annexation and
land use practices.
Stated that the annexation creates two separate and distinct islands which
violate the current land use law and current street annexation policies.
Expressed concerns about the island boundaries.
Council Comments
Questioned where Mr. Kokinos feels that the proposed annexation
creates the islands.
Mr. Kokinos
Expressed concerns that the Mid Peninsula Open Space District and
Town property combined create the island.
Mr. Sulia
Commented on the definition of island within a city service area vs.
unincorporated area (Cortese-Knox Act.)
Commented on supporting the approval of the proposed annexation.
Closed Public Hearing
Council Discussions
Requested clarification on the concept of creating another island.
Commented that LAFCO's intent is to reduce and eliminate islands and
County pockets within jurisdictions.
Commented that in this particular case the Santa Clara County pocket
is decreased by the proposed annexation.
Ms. Savage
Commented that the proposed annexation has been reviewed by the
Santa Clara County Surveyor and the Town has had several meetings
with LAFCO.
Commented that there are two parts to the finding which specifically
speak to islands in the Cortese-Knox Act. The act states that the
annexation area does not create islands or specific areas in which it is
difficult to provide municipal services. The Town would be initiating the
proposed annexation with the findings that the Mid Peninsula parcels
would not hinder the possibility to provide municipal services.
Commented that there would be approximately a two month period
when the Mid Peninsula parcels would be considered an island, but it
wouldn’t be an area that is difficult to provide municipal services. Once
the Urban Service Boundary is amended and complete there would be
no island there.
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Public Hearing Item #20 – Continued
Mr. Korb
Clarified a public comment relating to the withdrawal of Mid Peninsula
Open Space District’s application for annexation.
Stated that the Mid Peninsula Open Space District did not object to
coming into the Town, but that their property would have been divided into
two separate jurisdictions and any permitting that would be required would
be divided and problematic for them.
MOTION: Motion by Vice Mayor Joe Pirzynski to adopt a resolution
initiating the reorganization of the uninhabited territory
known as Arnerich Road No. 2 to the Town of Los Gatos,
setting the matter for a hearing on February 1, 2010, and
directing mailing, posting and publishing of notices of the
hearing for property pre-zoned RC and HR-20. APNs: 537-
11-009 & 030, 537-17-005, 015, 018, 020, 021, 024, 027 &
032 File #AN-08-003.
Seconded by Council Member Mike Wasserman.
VOTE: Motion passed unanimously.
OTHER BUSINESS
There is no Other Business scheduled for this meeting.
PULLED CONSENT ITEMS
7. Adopt resolution granting an application to operate a restaurant with
beer and wine service and outdoor seating on property zoned C-1.
APN 406-30-015. Conditional Use Permit U-09-009. Property location:
14101 Winchester Boulevard. Property owner: Winchester Associates,
LLC. Applicant: Tougas Enterprises, Incorporated.
RESOLUTION 2009-129
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Pulled Consent Item #7 – Continued
Mayor Diane McNutt
Pulled Consent Item #7
Questioned the conditions of approval #12 which was Council’s first
attempt to quantify the idea of community benefit in relationship to the
alcohol policy.
Commented that during the discussion at the last meeting she was
hesitant about the wording for a community benefit and about how the
Town Council could come up with any language that would describe a
business owner’s pledge to be supportive of community groups and non -
profits.
Commented that she pulled the item to discuss this issue.
Council Comments
Commented that the language in Condition #12 of the Conditions of
Approval was not the intent of the motion.
Commented that the application of CinCin Restaurant is an appropriate
example of community benefit as noted in the Desk Item.
Expressed concerns on the issue of placing a specific dollar value on the
applicant’s contribution to community activities and organizations.
MOTION: Motion by Council Member Steve Rice to adopt resolution
granting an application to operate a restaurant with beer and
wine service and outdoor seating on property zoned C-1.
APN 406-30-015. Conditional Use Permit U-09-009.
Property location: 14101 Winchester Boulevard. Property
owner: Winchester Associates, LLC. Applicant: Tougas
Enterprises, Incorporated with changes to eliminate
condition #12 and re-number conditions #13-19.
Seconded by Council Member Mike Wasserman
Council Comments
Requested clarification about the process to clarify Condition #12 of the
conditions of approval.
Commented on the desire to have the motion acknowledge the business
owner’s willingness to participate in the community.
Commented that the Conditions of Approval run with the land and would
not end if the specific business closed.
Commented that there is a benefit to the community by adding a new
restaurant that will be family oriented and a contributor to the
community which fulfills the language and intent of the Alcohol Policy.
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Pulled Consent Item #7 – Continued
Mr. Korb, Town Attorney
Clarified that Council may strike condition #12, re-number the remaining
conditions, and approve the item or give direction to staff to amend the
item and return to Council on a future agenda.
Clarified that the resolution states that the applicant has demonstrated a
clear benefit to the community based on evidence presented at a prior
proceeding.
VOTE: Motion passed 4/1. Council Member Barbara Spector
voted no.
Pulled Consent Item #8
8. Adopt resolution granting appeal and reversing a decision of the
Planning Commission denying a request to demolish an existing
single family home, construct a new residence with reduced setbacks
and an above grade pool on a slope greater than 30% on property
zoned HR-1, and remanding the application to the Planning
Commission. Architecture and Site Application S-09-017 - APN: 532-
40-023. Property location: 132 Teresita Way Property.
Owner/appellant: Dave and Heather Magetti. RESOLUTION 2009-130
Mr. Davis
Expressed concerns that the resolution did not go through a full public
hearing process.
MOTION: Motion by Vice Mayor Joe Pirzynski to adopt resolution
granting appeal and reversing a decision of the Planning
Commission denying a request to demolish an existing
single family home, construct a new residence with reduced
setbacks and an above grade pool on a slope greater than
30% on property zoned HR-1, and remanding the application
to the Planning Commission. Architecture and Site
Application S-09-017 - APN: 532-40-023. Property location:
132 Teresita Way Property. Owner/appellant: Dave and
Heather Magetti.
Seconded by Council Member Steve Rice.
VOTE: Motion passed 4/1. Council Member Barbara Spector
voted no.
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Pulled Consent Items – Continued
14. Approve Council/Agency minutes of December 7, 2009
Mr. Larson
Commented that all administrative corrections have been noted in the
Desk Item.
Mr. Davis
Expressed concerns that his public comments on page 23 of the
December 7, 2009 meeting minutes were not accurate. He did not
commend Council Member Steve Rice, but instead stated that he
was looking forward to Council Member Steve Rice's continued personal
integrity with community issues.
MOTION: Motion by Council Member Mike Wasserman to approve
the Council/Agency minutes of December 7, 2009 with
administrative corrections as noted in the Desk Item.
Seconded by Vice Mayor Joe Pirzynski.
VOTE: Motion passed unanimously.
15. Adopt resolution approving the Fiscal Year 2008/09 Los Gatos
Redevelopment Agency Annual Report. RESOLUTION 2009-136
Mr. Davis
Expressed concerns about CG Uhlenberg’s audit of the Redevelopment
Agency stating that the Town is compliant with the regulations.
Commented that the charter document for the Redevelopment Agency
stipulates that there will be no funding from Redevelopment Agency funds
for new construction of public buildings.
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Pulled Consent Item #15 – Continued
MOTION: Motion by Vice Mayor Joe Pirzynski to adopt the Fiscal
Year 2008/09 Los Gatos Redevelopment Agency Annual
Report.
Seconded by Council Member Steve Rice.
VOTE: Motion passed unanimously.
Mr. Larson
Clarified that the key paragraph in the auditors report states "in our
opinion, the statements referred to above present fairly, in all material
respects, and the financial position of the governmental activities, each
major fund and aggregate remaining fund information of the Town of L os
Gatos Redevelopment Agency."
Commented that the Town has consistently received this wording for
Redevelopment in the Town.
ADJOURNMENT
Attest:
Jackie D. Rose, Clerk Administrator