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M12-21-09 1 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. 2 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. 3 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 4 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 5 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. 6 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. 7 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. 8 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. 9 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 10 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. 11 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. 12 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. 13 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