07 Staff Report - Parking Authority/Redevelopment Agency MinutesDRAFT Council/Agency Meeting 4/02/07
Item #
MINUTES OF THE TOWN COUNCIUPARKING
AUTHORITY/REDEVELOPMENT AGENCY
MARCH 19, 2007
The Town Council of the Town of Los Gatos conducted a Regular Meeting on
Monday, March 19, 2007 at 7:00 P.M.
TOWN COUNCIUPARKING AUTHORITY/ REDEVELOPMENT AGENCY
MEETING CALLED TO ORDER
ROLL CALL
Present: Mayor Joe Pirzynski, Vice Mayor Barbara Spector, Council Member
Steve Glickman, Council Member Diane McNutt, and Council Member Mike
Wasserman.
Absent: None.
PLEDGE OF ALLEGIANCE - LED BY FUTURE LEADER
Brittany Coletti, Los Gatos-Monte Sereno Police Explorer, and Los Gatos High
School Senior led be Pledge of Allegiance. The Audience was invited to
participate.
CLOSED SESSION REPORT
None this evening.
PRESENTATION
Government Finance Officers Association Distinguished Budget Presentation
Award for Fiscal Year 2005/06.
Mayor Joe Pirzynski presented Steve Conway, Director of Finance with the
Distinguished Budget Presentation Award. Mr. Conway accepted the award on
behalf of the Town, and thanked staff for all their work in preparing the budget.
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TOWN COUNCIL
CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION)
1. Ratify payroll for the month of February 2007
2. Ratify accounts payable for the month of February 2007
3. Accept Treasurer's Report for January and February 2007
4. Adopt resolution approving an application to modify a Conditional
Use Permit (I Gatti's) to allow the service of full liquor on property
zoned C-2. APN 529-28-037. Conditional Use Permit U-06-005.
Property location: 25 E. Main Street. Property owner: Hoo Gee Hom.
Applicant: I Gatti Italian Bistro, Inc. RESOLUTION 2007-027
5. Adopt resolution granting an appeal of a Planning Commission
decision denying a request to approve exterior modifications to a
commercial building and to modify an existing conditional use permit
to allow expansion of an existing restaurant (Vittoria) and a change in
alcohol service on property zoned C-2. APN 510-44-033, 034, and
035.Conditional Use Permit U-07-09. Architecture and Site Application
S-07-12. Property location: 23-27 N. Santa Cruz Avenue. Property
owner/applicant/appellant: Santa Cruz Real, LLC.
RESOLUTION 2007-028
6. Adopt resolution granting an appeal of a decision of the Planning
Commission denying an application for a two lot subdivision on
property zoned HR-21h and remanding said application to the
Planning Commission APN 527-11-005. Subdivision Application M-06-
4. Negative Declaration ND-06-4. Property location: 15500 Francis
Oaks Way. Property owner/applicant/appellant: Mike and Ann Moffat.
RESOLUTION 2007-029
TOWN COUNCIL/REDEVELOPMENT AGENCY
7. Approve Council/Agency minutes of March 5, 2007
8. Accept the 2005/06 Comprehensive Annual Financial Report (CAFR)
and Management Letter
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REDEVELOPMENT AGENCY
9. Ratify accounts payable for the month of February 2007
Mr. Davis pulled Consent Items #6 and #7.
Mayor Pirzynski stated that Consent Items will be heard following Other
Business this evening.
Motion: Motion by Council Member Steve Glickman to approve Consent
Items #1-5, #8 and #9.
Seconded by Vice Mayor Barbara Spector.
VOTE: Motion passed unanimously.
VERBAL COMMUNICATIONS
Mr. Harwin
■ Commented regarding the lack of consistency with the slope density
formula in the Hillside Standards and Guidelines and Town Code relating
to subdivisions.
■ Commented regarding excluding private right-of-ways and easements in
the proposed plan for Francis Oaks.
■ Would like to see clarification between the Hillside Standards and
Guidelines and Town Code relating to the 30% breakpoint, setbacks and
the slope density formula.
Mr. Weissman
Commented regarding the lack of verbatim transcripts from the December
13, 2007 Planning Commission meeting.
Commented regarding the interpretation of the slope density formula
relating to the Francis Oaks Project.
Commented that he felt that most of the Planning Commissioners were
concerned about the setbacks, 30% breakpoint, easements, and slope
density formula.
Verbal Communication - Continued
Mr. Harvey
■ Commented regarding code compliance issues concerning traffic in the
area of Strafford School.
■ Would like to see the Conditional Use Permit relating to the traffic issues
be enforced by the Town.
■ Submitted a petition on behalf of the neighbors from Howes Drive,
Barbara Drive, and Thomas Drive asking that Stratford School comply with
their Conditional Use Permit relating to the traffic issues.
Council Comments
■ Questioned routes relating to the Conditional Use Permit.
■ Questioned obligations relating to public roads and the Conditional Use
Permit.
■ Requested staff to look into the issue relating to the traffic and the
Conditional Use Permit.
Mr. Tsuda
■ Commented that staff has been working with the school to promote the
desired routes listed in the Conditional Use Permit.
Mr. Davis
■ Commended the Council and the staff for their strong affirmation relating
to the discussions of the General Plan at the Council Retreat.
■ Commented regarding the Town's reserves.
Ms. Adams
■ Commented regarding the traffic issues at Stratford School.
■ Commented that the school has been working with staff regarding
recommendations.
Closed Verbal Communication
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PUBLIC HEARINGS
10. Adoption of a resolution continuing certain department fees, rates
and charges, and amending certain fees, rates and charges for Fiscal
Year 2007/08 RESOLUTION 2007-026
Staff report made by Steve Conway, Director of Finance.
Council Comment
■ Commented regarding the Turf Impact fee.
■ Questioned if the Peddler/Solicitor fee would apply to Boy Scouts and Girl
Scouts or any non-profit.
■ Clarification regarding the Plaza Use fee relating to Jazz in the Plazz.
■ Clarification regarding the Plaza Use fee for non-profits.
■ Clarification which parks were subject to the Turf Impact fee.
■ Clarification regarding the identification cards associated with the
Peddler/Solicitor fee.
• Questioned if non-profits would be able to receive an identification card.
• Clarification regarding phasing the Plaza Use fee over a period of time.
Open/Close Public Hearing
Council Discussion
• Concerns regarding the Plaza Use fees when the Town partners with
associations to hold events which benefit the community.
• Questioned capping the fee associated with solar installation.
■ Commented that the Town currently has 534 fees and only 11 fees have
been amended.
■ Suggested considering a phasing plan to implement the Plaza Use fee.
■ Suggested considering a waiver for organizations who are providing an
event for a community benefit, and suggested that the Community
Services Commission could review the waivers.
■ Questioned determination of how organizations would qualify for a waiver.
■ Commented on offering applications for cash grants to supplement
payment of Plaza Use fee.
■ Commented that the Jazz in the Plazz has stated that they will be able to
absorb the Plaza Use fee.
■ Questioned if the Plaza Use fee pertains to Oak Meadow Park use.
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Public Hearings Continued Item #10
Mr. Conway
■ Clarified that the Town Plaza can only be used by non-profits.
■ Recommended that if Council preferred a reduction to cost, the best way
to implement the reduction would be to reduce the hourly rate.
■ Commented that the Solar Installation fee was reduced in half during last
year's budget process.
Mr. Korb
■ Clarified the Town's history of cost recovery and fees.
■ Clarified that reducing a fee should be done for all applicants.
• Commented regarding the Solar Installation fee.
■ Commented regarding the concerns relating to the Plaza Use fee.
MOTION: Motion by Council Member Diane McNutt to adopt a resolution
continuing certain department fees, rates and charges, and
amending certain fees, rates and charges for Fiscal Year 2007/08.
Seconded by Mayor Joe Pirzynski.
Council Discussion
■ Questioned if grant applications were available for groups subject to the
Plaza Use fee.
■ Commented that grant funds are available through the Arts Commission.
VOTE: Motion passed unanimously.
OTHER BUSINESS
11. Roberts Road Bridge Project
a. Review progress report on the Roberts Road Bridge Project
b. Authorize staff to re-open the bridge during the project design phase
c. Authorize staff to begin the design consultant selection process
based on CalTrans guidelines
Staff report made by Kevin Rohani, Interim Director of Parks and Public Works.
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Other Business Continued - Item #11
Council Comments
• Clarification regarding the guarantee for the design and construction
grants.
■ Questioned if staff will continue monitoring the deterioration of the bridge.
■ Questioned the appropriate time to do repairs to Roberts Road.
■ Clarification regarding the cost of a structure to prohibit large trucks.
Open Public Comment
Ms. Babalis
■ Thanked staff for the communication and meetings held with the
neighbors.
■ Commented that she feels that the bridge has been deemed safe to re-
open.
■ Commented that the neighbors of Ohlone Court are in favor of re-opening
the bridge.
Ms. Lamborn
■ Commented on supporting the closure of the bridge until a new bridge has
been constructed.
■ Commented regarding pedestrian safety if the bridge is to be re-opened.
Ms. Burr
■ Commented on supporting the closure of the bridge until the new structure
has been built.
■ Commented regarding a structure to ban large truck use on the bridge.
Mr. Murray
• Commented regarding a structure to ban large truck use on the bridge.
■ Suggested a weight limit sign at the corner of Blossom Hill Road and
Roberts Road to alert large trucks of the restriction before they turn onto
Roberts Road.
■ Commented regarding the traffic during the Fantasy of Lights.
Mr. Davis
• Commented regarding a peer review done in 2004 declaring the bridge a
hazard.
Mr. Vieth
■ Commented regarding the traffic issues relating to the closure of the
bridge.
Commented on supporting the re-opening of the bridge.
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Other Business Continued - Item #11 - Public Comment
Ms. Gavin
■ Questioned the reason for the bridge closure.
■ Questioned the safety of the bridge.
• Commented regarding neighborhood involvement relating to design of the
bridge.
Mr. Rohani
■ Clarified the decisions for closing the bridge.
■ Clarified that there would be upcoming meetings regarding the next
phases of the bridge project.
Closed Public Comments
Council Discussion
• Commended staff for all the work done relating to the bridge.
■ Requested height restrictions and signage for large trucks on the bridge.
MOTION: Motion by Council Member Mike Wasserman to:
■ Authorize staff to re-open the bridge during the project
design phase.
■ To look into the possibility of safety railing along the bridge.
■ Monitor pedestrian safety along the bridge, and to include
height restrictions and signage for large trucks.
Seconded by Council Member Steve Glickman.
VOTE: Motion passed unanimously.
MOTION: Motion by Vice Mayor Barbara Spector to authorize staff to begin
the design consultant selection process based on CalTrans
guidelines.
Seconded by Council Member Steve Glickman.
VOTE: Motion passed unanimously.
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Pulled Consent Items #6 and #7
Consent Item #6
Adopt resolution granting an appeal of a decision of the Planning
Commission denying an application for a two lot subdivision on property
zoned HR-2'h and remanding said application to the Planning
Commission APN 527-11-005. Subdivision Application M-06-4. Negative
Declaration ND-06-4. Property location: 15500 Francis Oaks Way.
Property owner/applicant/appellant: Mike and Ann Moffat
RESOLUTION 2007-029
Mr. Davis
• Commented regarding due process relating to the Francis Oak project.
• Commented that he feels that there is a discrepancy between
the resolution before Council tonight and the motion relating to the Francis
Oaks project.
Mr. Korb
■ Clarified the contents of the resolution relating to remanding the appeal
for the Francis Oaks project.
Mr. McLaughlin
■ Commented that he feels there is a discrepancy between the resolution
and the motion relating to the Francis Oaks project.
■ Requested that the item be continued to allow more public dialog.
Mr. Weissman
■ Commented regarding a buildable site on the Francis Oaks property.
■ Commented that he feels there was a lack of information presented to
Council at the public hearing relating to the project.
■ Suggested consideration to listen to concerns relating to public and private
easements.
Mr. Moffat
■ Commented that the new designs and plans have been submitted through
the Community Development Department.
■ Clarification regarding the 2.5 acreage stated in the Conditional Use
Permit.
Closed Public Comment
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Pulled Consent Items Continued - Item #6
MOTION: Motion by Council Member Steve Glickman adopt resolution
granting an appeal of a decision of the Planning Commission
denying an application for a two lot subdivision on property zoned
HR-2'/ and remanding said application to the Planning
Commission APN 527-11-005. Subdivision Application M-06-4.
Negative Declaration ND-06-4. Property location: 15500 Francis
Oaks Way. Property owner/applicant/appellant: Mike and Ann
Moffat.
Seconded by Council Member Diane McNutt.
Council Discussion.
■ Clarified that there was new information presented to Council at the public
hearing relating to the Francis Oaks project.
■ Commented that the resolution is accurate with the new plans submitted
to Council at the public hearing.
■ Clarified that remanding the project back to Planning Commission does
not guarantee an approval or denial.
■ Commented regarding the process for remanding an appeal.
■ Clarified that part of the resolution states that the lot size should not be
smaller than 2.5 acres.
■ Commented that the remand does not guarantee the size of the lot or
home.
VOTE: Motion passed unanimously.
Consent Item # 7
Approve Council/Agency minutes of March 5, 2007
Mr. Davis
Commented that he feels his comments under verbal communications in
the minutes of the March 5, 2007 meeting did not reflect what he stated
relating to the DeSantis project.
Commented regarding the trucks, construction, and the cut and fill relating
to the DeSantis project.
Commented on not supporting this project.
MOTION: Motion by Council Member Diane McNutt to approve Consent
Item #7.
Seconded by Council Member Mike Wasserman.
VOTE: Motion passed unanimously.
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Other Business - Continued
12. 2006/07 Mid-Year Budget Performance and Status Report - Six Months
Ending December 31, 2006
a. Accept 2006/07 mid-year Second Quarter Budget Performance Status
Report, including Fiscal Year 2007-12 Five-Year Financial Projections
b. Authorize budget adjustments as recommended in the Second
Quarter Budget Performance Report.
Staff report made by Steve Conway, Director of Finance.
Council Comments
• Clarification regarding the 11 % property tax revenue increases in the
General Fund.
• Suggested looking into the cost to assume funding for the Teen Center.
■ Commented regarding evaluating the funding issues relating to the Teen
Center.
• Commented regarding the roles of the board members and the activities at
the Teen Center.
Ms. Figone
■ Suggested that the recreation department evaluate the costs and where
the gaps are in terms of the funding for the Teen Center.
■ Questioned if Council would be interested in a report relating to the
evaluation results.
■ Commented that the Town would be available to advise the Teen Center
Board if they needed any support in terms of restructuring opportunities,
and helping them to convene with key members of the community to
provide structure to the board for fundraising.
Council Comments
• Questioned a timeframe for a report to come back to Council relating to
the Teen Center Funding opportunities.
Open/Close Public Comment
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Other Business Continued - Item #12
MOTION: Motion by Council Member Steve Glickman to accept 2006/07
mid-year Second Quarter Budget Performance Status Report,
including Fiscal Year 2007-12 Five-Year Financial Projections.
Seconded by Vice Mayor Barbara Spector.
VOTE: Motion passed unanimously.
MOTION: Motion by Council Member Mike Wasserman Authorize budget
adjustments as recommended in the Second Quarter Budget
Performance Report.
Seconded by Council Member Steve Glickman.
VOTE: Motion passed unanimously.
COUNCIL./TOWN MANAGER REPORTS
13. Council Matters
Mayor Joe Pirzynski
■ Commented that the cities and towns of Santa Clara County have been
challenged by the Silicon Valley Leadership Group to find new ways
commute to and from work.
■ Commented on the Cool Commutes program which is supporting the
challenge to find new ways to commute to work.
■ Invited the community to participate in the Cool Commute program.
Mr. Glickman
■ Commented regarding the community bus as an option to support the
Cool Commute program.
■ Commented regarding "action only" minutes, and suggested looking into
enhancing the minutes to include more verbage.
Mr. Wasserman
■ Commented that he would like to see more of the pro's and con's
added to the minutes.
■ Agreed to agendize the issue.
Ms. Spector
■ Commented that the "action only" minutes are a policy decision and any
changes would require review of the policy.
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14. Manager Matters
Report on status of the due diligence process for the purchase of the
Verizon property located at 15900 Los Gatos Boulevard
Staff report made by Debra Figone, Town Manager.
Ms. Figone
■ Commented regarding the opportunity to look into the option of purchasing
the Verizon building for the possible police department re-location.
■ Commented that Verizon has accepted an offer by the Town for $3.2
million.
■ Commented that the Town has 60 days to do due diligence regarding the
property.
• Commented that a decision has not been made to purchase the property.
■ Commented on holding a neighborhood meeting to receive feedback from
the neighbors regarding the purchase of the property for Police/Town use.
■ Commented that all decisions would be made in open session and
approved by Council.
Public Comments
Mr. Davis
■ Commented regarding the unique opportunity for the Town.
■ Commented regarding the estimated costs in the Civic Center/Master Plan
to build a new police department.
Council Discussion
■ Consensus to move forward with the due diligence process for the
purchase of the Verizon property located at 15900 Los Gatos Boulevard.
ADJOURNMENT
Attest:
Jackie D. Rose, Clerk Administrator
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