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10 Staff Report - Parking Authority Redevelopment Agency MinutesDRAFT Council/Agency Meeting 8103109 Item # 10 MINUTES OF THE TOWN COUNCIL/PARKING AUTHORITYIREDEVELOPMENT AGENCY JUNE 15, 2009 The Town Council of the Town of Los Gatos conducted a Regular Meeting on Monday, June 15, 2009 at 7:00 P.M. Special Meeting - Closed Session began at 5:30 p.m. TOWN COUNCIL/PARKING AUTHORITYIREDEVELOPM ENT AGENCY MEETING CALLED TO ORDER - 7:00 p.m. ROLL CALL Present: Mayor Mike Wasserman, Vice Mayor Diane McNutt, Council Member Joe Pirzynski, Council Member Steve Rice, Council Member Barbara Spector Absent: None. PLEDGE OF ALLEGIANCE Pledge/Commendation - Los Gatos High School Swim Team • Mayor Mike Wasserman presented a commendation to the Los Gatos Relay Swim Team for their Central Coast Section (CCS) championship and dedication to their sport. • The Los Gatos Relay Swim Team led the Pledge of Allegiance. The audience was invited to participate. PRESENTATION Commendation Los Gatos Rowing Club • Mayor Mike Wasserman presented a commendation to the Los Gatos Rowing Team and commented that the Los Gatos Rowing Team has been an outstanding organization of the community both on and off the water for 30 years. • Commended the coaches for providing a safe environment to instruct young athletes on sport and life lessons. Mayor Mike Wasserman recognized the newly appointed student commissioners. Mayor Mike Wasserman • Announced the passing of Officer Quarz, the Los Gatos-Monte Sereno Police Dog and commented that Officer Quarz was a great asset to the community. CLOSED SESSION REPORT CONFERENCE WITH LABOR NEGOTIATOR (Government Code Section 54957.6) Town Negotiators (Lead): Rumi Portillo, Human Resources Director Greg Larson, Town Manager Employee Organizations: American Federation of State, County and Municipal Employees (AFSCME) Police Officers' Association (POA) Town Employees Association (TEA) Confidential Employees Management Employees Mr. Korb stated that direction was given and no action was taken. CONFERENCE WITH REAL PROPERTY NEGOTIATOR Government Code Section 54956.8 Property: 930 University Avenue (APN 424-31-064; Verizon Property) Negotiating parties: Town of Los Gatos (Negotiator: Bud Lortz, Deputy Town Manager) Under Negotiation: Price and terms of payment Mr. Korb stated that direction was given and no action was taken. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Government Code Section 54957) Title: Town Manager Mr. Korb stated that direction was given and no action was taken. 2 COUNCIL/TOWN MANAGER REPORTS Council Matters Council Member Joe Pirzynski • Commented on the condition of the sod at Town Plaza Park and suggested that the Certificate of Acceptance and Notice of Completion be held until the issue is resolved. Mr. Larson • Commented that the Town is retaining the 10% set aside for this project. • Commented that the contractor is continuing to work on improvements to recover the sod to the greatest extent possible. • Commented that staff and the contractor agreed that the Town needs to get through the busy summer season and look into a permanent solution in the fall. • Commented that the gypsum treatment has made a modest difference to the sod at the park. Manager Matters Mr. Larson • Commented that the Town has received a "Certificate of Appreciation" from the Association of Bay Area Governments (ABAG) recognizing the Town as the "Most Improved City" and that comes with a financial award for the Town to be used for other risk management purposes. • Commented on the Second Saturday event which the Town is coordinating with the Chamber of Commerce to promote business in the downtown. • Commented that the San Jose Mercury News, in their June 28th edition, has announced that the Town of Los Gatos has been voted as the "Best Downtown of Silicon Valley" for the 6th year in a row. • Commented that the Los Gatos Creek Trail has been voted as the "Best Walking Trail," the "Best Mountain Biking Trail," the "Best Place for Jogging," and the "Best Place to Walk your Dog." CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION) 1. Ratify payroll for the month of May 2009 2. Ratify accounts payable for the month of May 2009 3. Accept Investment Report for April 2009 4. Adopt a resolution authorizing participation in the California Employer's Retiree Benefit Trust (CERBT) through an agreement of election and establishing authorized representatives of the Town to CERBT to request employer disbursements from the other post employment prefunding plan. RESOLUTION 2009-072 5. Adopt resolution approving an amendment to the Memorandum of Understanding between the Town of Los Gatos and the Los Gatos Police Officers' Association for the period July 1, 2009 through June 30, 2012 and authorizing the Town Manager to execute the amendment. RESOLUTION 2009-069 6. Appoint members and alternates to the Los Gatos Youth Commission, Community Services Commission, and Parks Commission. 7. Approve the 2009 CounciI/Commission Retreat Issue Matrix. 8. Adopt a resolution authorizing the Town Manager to amend an agreement with Design, Community and Environment to include revisions to the North 40 Specific Plan and provide for consistency with the General Plan. RESOLUTION 2009-070 9. Adopt resolution approving the reorganization of territory designated as Blossom Hill Road No. 23, approximately .31 acres located at 15700 Blossom Hill Road (APN: 527-08-019); File # AN09-02. RESOLUTION 2009-071 10. Adopt ordinance approving a zone change from CH to CH:PD for a two story commercial building with underground parking. Planned Development Application PD-07-146. Negative Declaration ND-08-06. Property Location: 15400 Los Gatos Boulevard (APN 424-15-045). Property Owner: SHP Newark LLC. Applicant: Kenneth Rodrigues & Partners. ORDINANCE 2175 4 Consent Items - Continued 11. PPW Job No. 09-03 -Pollard Road Lighted Crosswalk Project 411-812- 0104 a. Adopt resolution accepting the work of Republic Intelligent Transportation Services, Inc., and authorizing the Town Manager to execute a certificate of Acceptance and Notice of Completion for recording by the Clerk Administrator. RESOLUTION 2009-068 b. Authorize transfer of $670 from Curb, Gutter and Sidewalk Replacement Program to this project. 12. PPW Job No. 09-05 - FY 2008109 CDBG Funded ADA Improvements Adopt a resolution accepting the work of CB Construction Company and authorizing the Town Manager to execute a Certificate of acceptance and Notice of Completion for recording by the Clerk Administrator. RESOLUTION 2009-073 13. Landscape Maintenance Services for Landscape and Lighting Districts Adopt resolution authorizing the Town Manager to execute an amendment to the contract agreement with Landscape Management Services to extend the contract for one more year to perform landscape maintenance services for two Landscape and Lighting Districts in the Town of Los Gatos in an amount not to exceed $24,234. RESOLUTION 2009-074 14. Project A09-16-FY 2008-09- Tree Pruning and Removal Project Adopt resolution accepting the work of TruGreen Landcare and authorizing the Town Manager to execute a Certificate of Acceptance and Notice of Completion for recording by the Clerk Administrator. RESOLUTION 2009-075 15. PPW Job No. 00-11 - Contractual Custodial Services Project Adopt resolution approving plans and specifications for the Contractual Custodial Services Project and authorize staff to advertise the project for bid. RESOLUTION 2009-076 16. PPW Job No. A08-011 Signal and Street Light Maintenance Contract Adopt a resolution authorizing the Town Manager to execute an amendment to the contract agreement for a period of one year with Republic Intelligent Transportation Services, Incorporated to provide signal and street light maintenance services in the Town of Los Gatos. RESOLUTION 2009-077 Consent Items - Continued 17. PPW Project No. 09-10B - Fiscal Year 2009-10 Street Repair and Resurfacing Program 411-811-9901 Adopt a resolution approving plans and specifications for the Fiscal Year 2009110 Street Repair and Resurfacing Program base repair and dig out and authorize staff to advertise the project for bid. RESOLUTION 2009-078 18. Equipment Retrofit and Installation Adopt resolution authorizing the Town Manager to execute an agreement with Emissions Retrofit Group for the purchase and installation of five diesel particulate filters in an amount not to. exceed $82,325. RESOLUTION 2009-079 REDEVELOPMENT AGENCY 19. Ratify accounts payable for May 2009 TOWN COUNCILIREDEVELOPMENT AGENCY 20. Approve CouncillAgency minutes of June 1, 2009 20. a. Approve appointment of Council Member Diane McNutt to the Board of Directors of the Housing Trust of Santa Clara County. 21. PPW Job No. 09-06 - Los Gatos Library Project 411.281-2501 Adopt a resolution authorizing the Town Manager/Executive Director to execute a professional services agreement with Swinerton Management & Consulting, Incorporated to provide construction management services in an amount not to exceed $347,598. RESOLUTION 2009-080 Mr. Davis pulled Consent Item #3, #10, #20, and #21. Mayor Mike Wasserman stated that the pulled Consent Items would be heard after Other Business. MOTION: Motion by Council Member Joe Pirzynski to approve Consent Items #1, #2, #4-9, #11-19, and #22. Seconded by Council Member Barbara Spector. VOTE: Motion passed unanimously. 6 VERBAL COMMUNICATIONS Mr. Davis • Commented that the crosswalk on N. Santa Cruz Avenue in front of Walgreen's is a safety hazard and he would like to have a "bulb out" installed there. • Stated that there should be a crosswalk on George Street since that street is close to Fisher Middle School and used by many students. • Commented about the corruption at the City of Monte Sereno. Mr. Kaschub Commented that Bay Tree Apartments is being painted and he is very opposed to the color. Suggested that Council or staff approach the developer to request that the painting be put on hold until a discussion takes place. Mr. Larson • Commented that Town staff was aware of the neighbors concerns regarding the color of the paint and that staff has reviewed the permit and found that the color of the structure is not a regulated item. • Commented that staff is willing to contact the developer to see if any accommodations can be made given concerns raised by the neighborhood. Mr. Waters Commented that the petition gathers are presenting misleading information to the public relating to the Capital Expenditure Pubic Oversight Act. Presented a You-Tube video showing a petition gatherer presenting misleading information. Requested that the Town help to' resolve the matter. Close Verbal Communications 7 TOWN COUNCIL PUBLIC HEARINGS 22. Adopt resolution overruling objections and ordering hazardous vegetation abatement (brush) RESOLUTION 2009-081 Staff report made by Todd Capurso, Director of Parks and Public Works. Open/Close Public Hearing MOTION: Motion by Council Member Joe Pirzynski to adopt resolution overruling objections and ordering hazardous vegetation abatement (brush) Seconded by Council Member Barbara Spector. VOTE: Motion passed unanimously. Mayor Mike Wasserman requested a 2 minute recess. Meeting resumed at 7:40 p.m. Mr. Larson Commented that there have been many reports of misleading campaign behavior and untruth in the solicitation of signatures. Commented that campaign matters can be criminally investigated by the District Attorney's Office and that any evidence of such activity should be reported to the police department who coordinates the Town's efforts with the District Attorney's Office. 23. Consider an appeal of a Planning Commission decision denying the construction of a single family residence on vacant property zoned HR-2%:PD. APN 537-33-003. Architecture and Site Application S-08- 087. Property Location: 20105 Foster Road. Property Owner: Michael & Sharon Hsing. Applicant/Appellant: Bill Chiocchi. RESOLUTION 2009-084 Staff report made by Suzanne Davis, Associate Planner Public Hearing Item #23 - Continued Open Public Hearing Mr. Hsing, Applicant • Commented that he believes that his proposed home would not be visible from the hillside or neighboring properties. Mr. Sakai, Architect • Commented that the proposed home is less than 25% visible from all platforms. • Commented that the home has pitched roofs and is well designed. • Commented that the suggestion from Cannon Design was added to the plans. • Commented that the home has many green features. • Commented that the proposed plan fits the Architecture and Site requirements. Mr. Chiocchi • Thanked Council and staff for their work on the proposed project. • Presented a Power Point presentation on the visibility of the proposed home from Town. Mr. Cross • Commented against the proposed project and that trees should not be used as a screen. • Expressed concerns regarding the height of the proposed home. • Expressed concerns about privacy on the west side of his home. Mr. Davis • Commented against the proposed project. • Commented on saving the mountain from monster homes. • Commented that the architecture should blend with Mother Nature. • Commented that the Planning Commission denied the project. Mr. Brady • Expressed concerns about the proposed project and commented that the large windows that open to his home would intrude on their privacy. • Would like to see the same standards that were applied to their project be applied to Mr. Hsing's proposed project. Council Comments • Questioned if Mr. Brady would explain his thoughts relating to the visibility of his home verses the proposed visibility of Mr. Hsing's home. 9 Public Hearing Item #23 - Continued Mr. Brady • Commented that he is concerned about looking at a structure that is 30 feet higher than his home. Council Comments • Questioned if Mr. Brady had planned for a larger home. Mr. Brady • Explained why his project evolved into the single story home. Council Comments • Clarified that there were different height requirements for Mr. Brady's home due to visibility from the platforms around Town. Mr. McCarty • Clarified that the Planned Development was originally approved in 2001 before the Hillside Standards and Guidelines were adopted in 2004. • Commented that when the Hillside Standards and Guidelines were adopted it was determined that five of the six lots would be subject to the guidelines. • Requested that Council confirm the measures listed in the guidelines and ensure that there is a method for determining whether a home is visible and that the methods should be applicable to all property owners. Mr. Chiocchi, Applicant • Continued his Power Point presentation on the visibility of the proposed project from the Town platforms. • Requested that Council approve the proposed project. Mr. Williams • Commented that the process that was followed by the Planning Commission was legally suspect and did not rise to the level of being a legal proceeding. • Commented that the findings that were made and the evidence supporting the findings are lacking substance and subject to challenge under Civil Code 1094.5. • Commented that he feels that the appeal should be granted. + Commented that he has submitted a letter stating other reasons that the appeal should be granted. • Commented that there was no advanced notice given to the applicant that there would be new view points that were going to be identified and that the photos were not mentioned in the staff report and were presented for the first time at the hearing. 10 Public Hearing Item #23 - Continued Council Comments • Questioned if the packet presented to Council from Mr. Williams is new information. Mr. Korb • Clarified that the information was submitted for the first time and was not submitted in advance. • Recommended that the application be continued to review the information presented, if Council's inclination would be to consider the information as evidence. Council Comments Asked the applicant if the information which was provided to Council is a restatement of information or if there is something new that Council would need to consider. Mr. Williams Clarified that the information is a restatement of information that they have already seen and that the content may be presented in a serial order. Commented that the summary of the letter and packet is to be on the record to state that their position that the Planning Commission failed to comply with the law and that the reasons are set out in the letter. Council Comments • Questioned if the greenery submitted in the photos provided in the Power Point presentation is located on another property. • Commented that in the Hillside Standards and Guidelines there is one standard that states that "landscape screening is not an alternative to reducing building height or selecting a less visible site." • Commented that vegetation as screening is not appropriate to determine if a home should be one story or two story. • Requested that the applicant address the issue of vegetation as screening. Mr. Williams Clarified that the specific standard that is in question relates to landscaping that the applicant would be adding to the parcel. Clarified that the specific standard that he feels confused the Planning Commission speaks of trees and whether trees or vegetation would be removed by construction and feels that you could not rely on trees that are going to be torn down during construction. Commented that the applicant is allowed to rely on off-site trees and vegetation to be part of a screen for the home. 11 Public Hearing Item #23 - continued Council Comments • Commented that the standard for using trees and vegetation as a screen states that the trees must be located on the site. • Questioned if Mr. Sakai could clarify the statement relating to mitigating to the greatest extent possible. • Questioned if the second story portion could be moved to reduce visibility from Mr. Brady's property. • Questioned if the applicant is willing to screen the west portion of the proposed home. Mr. Sakai • Clarified the phase "greatest extent possible" and commented that the applicant is willing to use landscape to screen the west side of the home. • Commented that Mr. Hsing does not want to build a basement or single story home. • Commented that they did mitigate by pushing the home towards Foster Road to the greatest extent possible. • Clarified that they are willing to move the second story located on the west portion of the proposed home. Closed Public Hearing Council Discussion • Questioned if the trees and vegetation located on a neighboring site could be considered as screening for the home. Mr. Larson Commented that the specific guidelines relating to screening, trees, and vegetation do not specify on-site property verses off-site property. Commented that staff's practice is to discount any screening when relating to 25% visibility. Mr. Korb • Clarified that interpretations have been presented by both sides and that Council is allowed to make a final decision on a appropriate interpretation. 12 Public Hearing Item #23 - Continued Council Discussion • Commented that the only concern from the Planning Commission motion on April 22, 2009 was the visibility of the home. • Commented that the first action would be to determine if the Planning Commission was appropriate in their decision, in error or dealt with issues beyond their scope. • Commented that the issue before Council is policy and how Council may interpret the policy. • Commented that the view shed should include.the treescapes as a logical interpretation. • Expressed concerns about neighborhood compatibility. • Suggested that the project be sent back to Planning Commission with direction from Council. • Commented that the Hillside Guidelines and Standards have some definitions that need clarification. • Expressed concerns about visibility and that the trees should be included as part of the view shed. • Requested clarification on viewing platforms. • Questioned if the application is incomplete and if it should be continued or remanded back to the Planning Commission. • Suggested presenting a clear direction to the Planning Commission if the application is remanded. • Commented that the 18 foot height limit is may not be applicable, but neighborhood compatibility would be. • Commented that the trees are protected by Town ordinance. • Commented that the home is within the required square footage of the Hillside Standards and Guidelines. • Commented that the proposed home has not been mitigated to the greatest extent. Mr. Korb • Clarified that staff has pointed out that the application is incomplete and was carried forward because of the dispute over the height issue. • Commented that the Planning Commission made a decision based solely on the height issue. • Commented that if Council disagrees with the policy call made by the Planning Commission regarding the height issue, then they could reverse the decision based on the policy interpretation and remand the application back to the Planning Commission. • Commented that the record does not have any discussion regarding view impacts, privacy impacts, or neighborhood impacts. 13 Public Hearing Item #23 - Continued Council Discussion Commented that one of the roles would be to clarify for the Planning Commission, the parameters for this site such as screening, the 18 foot height requirement, and if two story homes are allowed on the site. Commented on the purpose of the view platforms and requested suggestions on recommended viewing platforms other than the ones listed in the document. Mr. Korb • Clarified that there are two options identified for reversing/remanding the decision. • The policy question regards visibility and whether the visibility determination can or should not include the existing trees. • The new information, since the Planning Commission's decision was ultimately based on the view of the house from locations other than the specifically identified viewing platforms. • Commented that evidence was presented for the first time during this meeting which involved refuting the visibility of the 25% or more of the proposed structure from those other platforms. • Clarified that new information under Council's rules require remanding the application back to the Planning Commission. Council Discussion • Commented that the Hillside Guidelines and Standards very clearly state the height requirements that are appropriate. • Commented that the proposed project is not a ridgeline home and has a flat pad which was created in relation to the demolition of the prior structure. • Commented that the applicant did not change the contour of the land since it had been graded during the construction of the previous Guadalupe College many years back. • Commented that the trees whether they are on-site or off-site should be considered as screening. • Commented that the home is less than 6,400 square feet and is under the 25% visibility, but is still visible from Los Gatos Boulevard. • Expressed concerns that the home has not been mitigated to the fullest extent possible. • Expressed concerns about the second story portion on the west end of the proposed home and would like to see this portion mitigated to address the privacy concerns and the visibility issues. 14 Public Hearing Item #23 Continued MOTION: Motion by Vice Mayor Diane McNutt to grant an appeal of a Planning Commission decision denying the construction of a single family residence on vacant property zoned HR- 21/2:PD. APN 537-33-003. Architecture and Site Application S-08-087. Property Location: 20105 Foster Road. Property Owner: Michael & Sharon Hsing. Applicant/Appellant: Bill Chiocchi on the basis of both a policy decision and that new information has been presented, specifically the analysis of the percentage of viewable space in the home, but because the application is incomplete and the Council has concerns about compatibility with the neighbors the application will be remanded back to the Planning Commission for further consideration and finalization. Seconded by Council Member Steve Rice. Mr. Larson • Clarified that the motion is interpreted to indicate that the application will not go back to the Planning Commission until it is complete with the grading and drainage plan as well as the landscape design plan. Council Discussion The Maker of the Motion concurred that the clarification as stated by Mr. Larson is correct and should be included as part of the motion. AMENDED MOTION: Motion by Vice Mayor Diane McNutt amended to add the indication that the application will not go back to the Planning Commission until it is complete with the grading and drainage plan as well as the landscape design plan. Seconded by Council Member Steve Rice. Council Discussion Suggested that the applicant work with staff to address neighborhood compatibility issues. Expressed concerns about the policy relating to the "Constraints, Analysis, and Site" Section of the Hillside Standards and Guidelines and that the interpretation of this section relates to trees that are located on one's own property. 15 Public Hearing Item #23 - Continued Council Discussion -Continued Commented that a property owner has more control over pruning and tree removal with trees that are located on their property. Requested that the Maker of the Motion amend the motion to accommodate the fact that the Council will get a chance to weigh in on the interpretation relating to the issue of the use of tree screens that exist currently on the site as so defined by the attorney to buffer the visibility of the home whether a second story home is allowed on this property and address the 18 foot limit as proposed. The Maker of the Motion clarified that the motion contains the .acknowledgement that this property does qualify for a home as currently presented, as a home taller than 18 feet because it is not on a significant ridgeline, it is not more than 25% visible. The Maker of the Motion clarified that visibility as written in the Hillside Standards and Guidelines does take into account vegetation and trees that exist on both the subject property and the surrounding properties, but does not include, as it states, vegetation or trees that would be harmed or eliminated during construction. The Maker of the Motion clarified that the viewing platforms that are appropriate for analyzing visibility for this property are the four traditional viewing platforms and that she would be open to considering Glenridge Avenue as another viewing platform for this property. The Seconder of the Motion agreed to the clarifications. Mr. Korb Clarified that the motion as originally stated included the Planning Commission consider the impacts of the proposed structure regarding neighborhood compatibility. Question if the motion also included the issue of privacy raised by the neighbors. Council Discussion The Maker of the Motion clarified that the original motion did include both the neighborhood compatibility and privacy issues as raised by the neighbors. The Seconder of the motion agreed to the clarifications as stated above. VOTE; Motion passed 419, Council Member Barbara Spector voted no. 16 OTHER BUSINESS 24. Review of and direction regarding the tree removal permit process and adoption of a resolution approving the revised Master Tree List. RESOLUTION 2009-082 Staff report made by Todd Capurso, Director of Parks and Public Works. Council Comments • Questioned what portions of Los Gatos are located within the Wildlife Urban Interface Fire Area. Mr. Capurso • Commented that the hazardous vegetation zone areas in the Wildlife Urban Interface Fire Area are typically hillside properties, Council Comments Commented on eucalyptus trees and how they provide shade and act as a barrier to noise. Questioned if there is a balance between removing a tree and the benefits the tree provides. Mr. Capurso Commented that Santa Clara County Fire has specific guidelines that recommend a clearance zone around all properties and makes the determination of which types of trees must be removed in order to prevent the trees from igniting. Open Public Comments Mr. Davis • Commented that there is no emphasis on California native plants in the Master Tree List. • Supports the recommendation regarding eucalyptus and pines. • Commented that California native plants are extremely drought resistant. • Commented that there is a high fire danger with eucalyptus and pines when located on side yards of homes. Closed Public Comments 17 Other Business Item #24 - Continued Council Discussion • Expressed concerns that the Wildlife Urban Interface Fire Area covers a large portion of Los Gatos. • Commented that a major part of the Town's trees are pines and eucalyptus. • Questioned if there are recommended trees as part of the Master Tree List. • Commented that proper care for these types of trees can make them somewhat fire safe. • Commented on supporting the Master Tree List. • Commented that Eucalyptus trees are a fire hazard and are not safe trees. • Suggested adding a phrase that states that the Master Tree List does not apply to private properties. • Expressed concerns about the idea of making a Eucalyptus within 30 feet of a home fire safe. • Commented that Eucalyptus are a fire hazard and tend to burn hotter than most trees. • Commented that vegetation clearance and tree trimming around a home is very important. • Would like to see the Master Tree List applied elsewhere in Town. Mr. Capurso • Clarified that the option of having a recommended tree list has not been approached at this time. • Clarified that the intent for the Master Tree List was to provide clarification that its use is for Town right-of-ways, parks and other public areas. • Commented that there have been a variety of native species added back onto the Master Tree List. MOTION: Motion by Mayor Mike Wasserman to adopt a resolution approving the revised Master Tree List. Seconded by Council Member Barbara Spector. VOTED: Motion passed unanimously. is Other Business Item #24 - Continued Council Discussion • Suggested that staff review the tree removal permit process with direction from Council to include a study of the number of Pines and Eucalyptus trees in Town. MOTION: Motion by Council Member Steve Rice to direct staff to review the tree removal permit process and to include a study of the numbers of Pines and Eucalyptus in Town. Seconded by Council Member Barbara Spector. VOTE: Motion passed unanimously. 25. Proposed Ballot Measures Imposing Limits on Capital Expenditures and Terms of Office. a. Direct staff regarding preparation and distribution of informational materials; and, b. Adopt resolution opposing the proposed ballot measure(s) Staff report made by Greg Larson, Town Manager. Council Comments • Questioned the format for the fact sheet. • Questioned how it would differ from the facts listed on the Town website. Open Public Comments Mr. Davis • Commented that people should have the chance to vote on any issue brought forward as a measure. • Commented that he supports a measure regarding term limits. • Commented that money from the Redevelopment Agency should not be used to build a Library. • Commented that he feels that the Town is "robbing Peter to pay Paul." Closed Public Comments Mr. Davis received his first warning for disrupting the meeting. 19 Other Business Item #25 - Continued Council Discussion • Commented that an informed voter is important. • Commented that the public has the right to hear all information about measures. • Expressed concerns about fact sheets relating to term limits for Council Members. • Commented that election cost facts are important information for the public to receive. • Commented that factual information about the proposed Capital Expenditure Public Oversight Act measure would be a public benefit. • Commented that fact sheets regarding term limits would be self serving and should not be displayed on the Town's website. • Commented that Council is not comfortable with the resolution as written. • Supports direction to staff to acquire more information about the facts relating to the proposed Capital Expenditure Public Oversight Act and election costs. MOTION: Motion by Mayor Mike Wasserman to approve: a. Direct staff regarding preparation and distribution of informational materials; and, b. Adopt resolution opposing the proposed ballot measure(s) Motion did not receive a second. Mr. Larson • Clarified that the interpretation for staff would be to drop the language regarding the term limits given consensus from Council and to review the language to include the relevant information about the proposed Capital Expenditure Public Oversight Act and election costs in the Library FAQ. • Clarified that more factual information would be added to the website and fact sheet as it comes available. Council Discussion • Would like to see the current FAA's updated on the Library and on the Town's websites. • Requested clarification about providing information on the term limits measure. • Clarified that Council Consensus was that there would be no information provided relating to term limits. • Commented that staff currently provides information to the public and that information may be found on the Town's website. • Would like to see the FAQ sheet relating to information about the proposed Capital Expenditure Public Oversight Act, be updated as new information becomes available. 20 Other Business Item #24 - Continued Mr. Larson • Clarified that best practices from other jurisdictions would be for Council to direct staff to prepare information, once a ballot measure has been submitted, and then that information would be provided back to Council. • Commented on the variables relating to the submission of petitions that may take place within the next few months. • Commented that once petitions are submitted, staff would have more information to provide to Council and to the public. AMENDED MOTION: Mayor Mike Wasserman revised the motion: To direct staff to conduct the research necessary to provide additional public information on the impact of the capital finance measure should it appear on a future ballot before the registered voters of Los Gatos. Motion did not receive a second and was lost. Mr. Korb Stated that the information in the FAA's is public information and that Council is not prohibited in sending out that information. Council Discussion • Requested feedback from staff regarding information that could be sent out on the list serve. • Commented that staff has and will continue to provide information as it becomes evident. • Questioned the purpose in moving to direct staff to provide information that they are currently providing. • Requested clarification about the proposed term limit measure and its applicability to seated Council Members. Mr. Korb • Clarified that he has not been directed to do a complete analysis of the proposed measures. • Commented that the language of the term limits measure as currently drafted, does not say anything specific regarding retroactivity. • Commented that it is not clear in the language of that measure that it is intended to apply to terms already served. • Commented that it does contain a statement that is unclear and prospective in effect, meaning that anybody who runs for a third term, after the measure is adopted, is acting against the will of the people. 21 Other Business Item #25 - Continued Mr. Larson • Clarified that if there is no action tonight, then staff will continue under the existing direction of updating the FAQ periodically based on the discussion and consensus and the questions that have been raised during Council meetings. • Commented that staff will provide facts to questions that have been in dispute as part of that FAA's. MOTION: Motion by Mayor Mike Wasserman to disseminate the FAA's that are on the website relating to the proposed measures on the Town's list serve with a simple message and a link to the FAQ sheet. Motion did not require second and was lost. Council Discussion • Questioned if it is common practice to send links to sections of the website on What's New notifications. Mr. Larson Clarified that is not a common practice to provide the links to sections of the website, but that staff would explore options for providing information more directly through What's New. Council Discussion Commented that Council should avoid advocating for or against something that may or may not be on the ballot. Suggested waiting to see if any of the proposed measures end up on the ballot before advocating for or against them. PULLED CONSENT ITEMS 10. Adopt ordinance approving a zone change from CH to CH: PD for a two story commercial building with underground parking. Planned Development Application PD-07-146. Negative Declaration ND-08-06. Property Location: 15400 Los Gatos Boulevard (APN 424-15-045). Property Owner: SHP Newark LLC. Applicant: Kenneth Rodrigues & Partners. ORDINANCE 2175 22 Pulled Consent Item #10 - Continued Council Member Barbara Spector • Expressed concerns about moving forward with the proposed project before a traffic study is done. • Indicated that she would like to see a traffic study done by August, 2009. • Suggested conducting a thorough traffic analysis along the Boulevard prior to approving any projects. Mr. Larson • Commented that resources and staff time may not allow for a thorough traffic analysis by August, 2009. • Commented that staff has taken a look at the traffic study which was done as part of the General Plan update in 2000 and is now able to provide more thorough information regarding traffic impacts along Los Gatos Boulevard. • Commented that staff will be conducting a new environmental review and traffic study as part of the 2010 General Plan update. Council Discussion • Commented that the 2000 traffic study which is part of the General plan was a thorough study for traffic impacts along Los Gatos Boulevard. • Commented that there is not enough information regarding traffic impacts along Los Gatos Boulevard. Mr. Davis • Expressed concerns about the left turn queue and that the project intends to increase the traffic by 2000 visits per day. • Suggested a longer queue to accommodate the increase in traffic. • Commented about setbacks for the proposed project. MOTION: Motion by Council Member Steve Rice to approve Consent Item #10 with the correction to #4 of the ordinance. The correct version should read: 4. HEIGHT: The height of the structure shall not exceed 18 feet. Seconded by Council Member Joe Pirzynski. VOTE: Motion passed 411. Council Member Barbara Spector voted no. 23 PULLED CONSENT ITEMS #3, 20 and 21 3. Accept Investment Report for April 2009 20. Approve Council/Agency minutes of June 1, 2009 21. PPW Job No. 09-06 - Los Gatos Library Project 411-281-2501 Adopt a resolution authorizing the Town ManagerlExecutive Director to execute a professional services agreement with Swinerton Management & Consulting, Incorporated to provide construction management services in an amount not to exceed $347,598. RESOLUTION 2009-080 Mr. Davis Item #3 Commented that the cash flow as indicated in the Town's Investment Portfolio increased to approximately $84 million. Commented that he feels that the Town has plenty of money. Item #20 • Stated that his comments during the verbal communications portion of the June 3, 2009 Town Council meeting were incorrect. Item #21 Commented that Redevelopment Agency (RDA) funds are the prime source for the Library project and that using the RDA funds are prohibited. Commented that the Town is robbing Peter to pay Paul. Stated that he promises to go to the Grand Jury. Mr. Larson Clarified that the $8 million increase shown in the investment report is due to $6 million received from Santa Clara County for the property sale at Vasona, and $2 million is largely designated to capital and economic reserves. MOTION: Motion by Council Member Joe Pirzynski to approve Consent Items #3, #20, and #21. Seconded by Council Member Steve Rice. VOTE: Motion passed unanimously. ADJOURNMENT Attest: Jackie D. Rose, Clerk Administrator 24