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15 Minutes - Parking Authority Joint Redevelopment AgencyDRAFT TOWN OF LOS GATOS CALIFORNIA TOWN COUNCIL/PARKING AUTHORITY JOINT REDEVELOPMENT AGENCY December 5, 2005/MINUTES Los Gatos Civic Center 110 E. Main Street Los Gatos, CA 95030 Council/Agency Meeting Date: 12/19/2005 Item# 15 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 The audience was invited to participate in the Pledge of Allegiance. ALLEGIANCE 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. Town Council Minutes Redevelopment Agency December 5, 2005 Los Gatos, California 7:04 PM COMMENDATIONS Commendations • 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 TOWN COUNCIL #1-11 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 ITEM #4 and #10 be used to support Community. Unity effort in Los Gatos. (2-V) WERE PULLED AND HEARD 3. Adopt a resolution authorizing the transfer of Community AFTER OTHER Development Block Grant (CDBG) funds and related budget BUSINESS 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. 12/14/2005 12:25 PM N:\CLK\7ACKIES MINUTES\Draft\MM12-05-05.DRAFT.doc Page 2 of 14 Town Council Minutes Redevelopment Agency December 5, 2005 Los Gatos, California CONSENT ITEMS 7. Adopt resolution initiating the reorganization of the inhabited- #1-11 territory known as Arnerich Road No. 1 to the Town of Los Gatos, Continued 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). ITEM #4 and #10 Resolution 2005-126 (8-24) WERE PULLED AND HEARD 9. Adopt resolution for setting date for consideration of AFTER OTHER reorganization of uninhabited area designated "Hilow Road No. 2", BUSINESS 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 Carried unanimously. THE QUESTION 7:10 PM VERBAL Mr. Davis COMMUNICATION • 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 12/14/2005 12:25 PM N:\CLK\JACKIES MINUTES\Draft\MM12-05-05.DRAFr.doe Page 3 of 14 Town Council Minutes Redevelopment Agency December 5, 2005 Los Gatos, California 7:13 PM PUBLIC ITEM #12 HEARINGS Consider a request for approval of a modification to an existing Conditional Use Permit Application to expand from beer and wine to full ITEM #12 liquor service (Cafe Marcella) on property zoned C-2. Conditional Use Permit U-06-003. APN 529-04-053. Property location: 368 Village Lane. 368 VILLAGE Property owner: The Walter B Franck Support Trust. Applicant: Cafe LANE Marcella, Incorporated. (12-15) CAFE MARCELLA Staff report made by Bud Lortz. 7:15 PM COUNCIL Questioned serving liquor with meals only. COMMENT . Questioned why the last sentence under Condition Six (6) would be removed. 7:17 PM OPEN PUBLIC Mr. Staebler, applicant HEARING • 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 Motion by Mr. Pirzynski to accept report, approve application, and DISCUSSION 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 Carried unanimously. THE QUESTION 7:23 PM Consensus for Alcohol Policy to remain as currently stated requiring Council review of requests 12/14/2005 12:25 PM N:\CLKUACKIES MINUTES\Draft\MM]2-05-05.DRAFT.doc Page 4 of 14 Town Council Minutes Redevelopment Agency December 5, 2005 Los Gatos, California 7:23 PM PUBLIC ITEM #13 HEARINGS Consider an extension of an Urgency Interim Ordinance Continued (Ordinance 2140) establishing streamline review process for a replacement facility at 15200 Los Gatos Boulevard (Los Gatos Auto Mall). (13-37) ITEM #13 LOS GATOS AUTO MALL EXTENTION URGENCY ORDINANCE Staff report made by Bud Lortz. 7:26 PM COUNCIL • Questioned the timeline for the completion of the project. COMMENT • Questioned if the facts of this project still fit into the perimeters of an Urgency Ordinance. 7:28 PM OPEN PUBLIC Mr. Davis HEARING • Commented on the criteria relating to notification for the Urgency Ordinance. • Commented on the wording in the ordinance relating to the L 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 Motion by Mr. Glickman to wave the reading of the ordinance. DISCUSSION Seconded by Mr. Pirzynski. 7:32 PM MAYOR CALLED Carried Unanimously. THE QUESTION 7:32 PM COUNCIL Motion by Mr. Glickman to adopt extension of the Urgency Ordinance. DISCUSSION 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 Carried unanimously. THE QUESTION 7:33 PM COUNCIL Motion by Mr. Wasserman to approve report. DISCUSSION Seconded by Mr. Pirzynski. 7:33 PM MAYOR CALLED Carried unanimously. THE QUESTION 12/14/2005 12:25 PM N:\CLKUACKIES MINUTES\Draft\MM12-05-05.DRAFT.doc Page 5 of 14 Town Council Minutes Redevelopment Agency December 5, 2005 Los Gatos, California 7:34 PM OTHER BUSINESS ITEM #14 UPDATE D REPORT ON ROBERTS ROAD BRIDGE ITEM #14 Review the updated report on Roberts Road Bridge and provide direction to staff. (14-33) Staff report made by John Curtis. 7:55 PM COUNCIL • Clarification regarding the settlement issue and the COMMENT 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 Mr. Courtney COMMENT • 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. 12/14/2005 12:25 PM N:\CLKUACKIES MINUTES\Draft\MM12-05-05.DRAF r.doc Page 6 of 14 Town Council Minutes Redevelopment Agency December 5, 2005 Los Gatos, California ITEM #14 Mr. Smeldt (Continued) Continued • Commented on the ordinance with Summerhill Homes regarding maintenance of the bridge. UPDATE D • Commented that he feels that the bridge is not historic. REPORT ON ROBERTS ROAD Mr. Dyer BRIDGE • Commented on the parking problems for his office staff and patients since the bridge was closed. PUBLIC • Commented on supporting the reconstruction of a new COMMENT 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. IIII 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. 12/14/2005 12:25 PM Page 7 of 14 N:\CLK\JACKIES MINUTES\Draft\MM12-05-05.DRAFT.doe Town Council Minutes Redevelopment Agency December 5, 2005 Los Gatos, California 8:44 PM CLOSE PUBLIC COMMENT 8:44 PM ITEM #14 • Commented on the Town's General Plan relating to Continued decisions made on the community's behalf to protect historic structures. UPDATE D 0 Commented on historical preservation guidelines in the REPORT ON Town. ROBERTS ROAD • Commented on seismic safety regarding the bridge. BRIDGE • Commented on the interpretation of the ordinances relating to the bridge during the development of the Ohlone COUNCIL neighborhood. DISCUSSION 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 Carried unanimously. THE QUESTION 9:08 PM MAYOR CALLED Meeting resumed at 9:15 PM. FOR A RECESS 12/14/2005 12:25 PM N:\CLKIIACKIES MINUTES0raft\MM12-05-05.DRAFr.doc Page 8 of 14 Town Council Minutes Redevelopment Agency December 5, 2005 Los Gatos, California 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 • Questioned if staff has determined the cost of COMMENT recommendations 1 and 2 relating to postage and staff time. • Questioned how a vote relating to annexation of the pockets could be structured by the Town. 9:23 PM OPEN PUBLIC Mr. Walther COMMENT • 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. 12/14/2005 12:25 PM N:\CLKUACKIES MINUTES\Draft\MM12-05-05.DRAFT.doc Page 9 of 14 Town Council Minutes Redevelopment Agency December 5, 2005 Los Gatos, California TEM #15 Mr. O'Brien Continued • Commented against supporting the annexation process. COUNTY ISLAND IIII Mr. Housman ANNEXATION • Commented against supporting the annexation process. PROCESS • Commented against the post card vote. PUBLIC Mr. Fox COMMENT • Commented against supporting the annexation process. 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. 12/14/2005 12:25 PM Page 10 of 14 N:\CLK\JACKIES MINUTES\Draft\MM12-05-05.DRAFr.doc Town Council Minutes Redevelopment Agency December 5, 2005 Los Gatos, California 9:58 PM ITEM #15 Ms. Jacobs, Assistant Town Manager Continued Clarified the Town's involvement regarding the "resolution of intent" and clarified that the Town would not require street lights and sidewalks if COUNTY ISLAND islands were annexed. ANNEXATION PROCESS CLOSE PUBLIC 111 1COMMENT, 10:00 PM COUNCIL • Commented regarding an article in the local paper relating 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. a 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 Carried unanimously. THE QUESTION 10:13 PM CONSENT ITEMS 4. Award of Construction for Project 05-18 - 25 Fiesta Wad #1-11 Improvements. (4-24) Continued a. Adopt resolution declaring GKI Construction and Development to be the lowest responsible bidder on the PULLED ITEMS project and awarding a construction contract in the amount of #4 AND #10 $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. 12/14/2005 12:25 PM N:\CLKUACKIES MINUTES\Draft\MM12-05-05.DRAFr.doc Page 11 of 14 Town Council Minutes Redevelopment Agency December 5, 2005 Los Gatos, California CONSENT ITEMS e. If additional CDBG-ADA Fund Source is not approved by #1-11 County as anticipated, authorize transfer of $7,537 from Continued Building Maintenance Fund 6695 to 400-0539-49695. PULLED ITEMS #4 AND #10 Mr. Davis 0 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 (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 Motion by Mr. Pirzynski to approve Consent Items #4 and #10. DISCUSSION Seconded by Mr. Glickman. 10:19 PM MAYOR CALLED Carried unanimously. THE QUESTION 10:20 PM ITEM #16 ITEM #16 Council Matters COUNCIL • Adopt resolution approving appointment of Council MATTERS 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. 12/14/2005 12:25 PM N:\CLK\JACKIES MINUTES\Draft\MM12-05-05.DRAFT.doc Page 12 of 14 Town Council Minutes Redevelopment Agency December 5, 2005 Los Gatos, California 10:22 PM ITEM #16 Mr. Glickman recused from Item #16. Continued • Questioned the effect of Council Policy relating to Council COUNCIL sitting on boards of directors for non profit organizations MATTERS which receive funding from the Town. • Commented on the value to have representation on the COUNCIL Housing Trust Board. COMMENT 10:28 PM OPEN PUBLIC Mr. Davis COMMENT • Commented on ethics relating to conflict of interest. 10:31 PM CLOSED PUBLIC' COMMENT 10:32 PM COUNCIL Motion by Mr. Pirzynski to approve appointment of Council Member DISCUSSION 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 Carried 3/1/1 Mrs. Spector voting no, and Mr. Glickman abstained. THE QUESTION 10:37 PM Consensus for policy committee to examine the rule adding "absence of good cause" to the Council Policy. 12/14/2005 12:25 PM N:\CLK\JACKIES MINUTES\Draft\MM12-05-05.DRAFT.doc Page 13 of 14 Town Council Minutes Redevelopment Agency December 5, 2005 Los Gatos, California ITEM #16 Mr. Pirzynski Continued • Invited all to attend the Cities Association. Holiday event. COUNCIL Mrs. McNutt MATTERS • 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 ITEM #17 None. MANAGER MATTERS 10:42 PM MEETING ADJOURNED Submitted by: Jackie D. Rose, Deputy Clerk_ Attest: MarLyn J. Rasmussen, Clerk Administrator Secretary to the Redevelopment Agency 12/14/2005 12:25 PM N:\CLK\JACKIES MINUTES\Draft\MM12-05-05.DRAFr.doe Page 14 of 14