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M12-06-10 Council/Agency 12/20/10 Item # P a g e 1 MINUTES OF THE TOWN COUNCIL/PARKING AUTHORITY/REDEVELOPMENT AGENCY DECEMBER 6, 2010 The Town Council of the Town of Los Gatos conducted a Regular Meeting on Monday, December 6, 2010 at 7:00 P.M. TOWN COUNCIL/PARKING AUTHORITY/REDEVELOPMENT AGENCY MEETING MEETING CALLED TO ORDER AT 7:00 P.M. ROLL CALL Present: Mayor Joe Pirzynski, Vice Mayor Steve Rice, Council Member Diane McNutt, Council Member Barbara Spector, and Council Member Mike Wasserman. Absent: None. PLEDGE OF ALLEGIANCE • Rachel Hellmer, Los Gatos High School led the Pledge of Allegiance. The audience was invited to participate. CLOSED SESSION REPORT • Ms. Propp, Town Attorney, stated that there was no Closed Session to report for this meeting. CERTIFICATION OF MUNICIPAL ELECTION 1. Adopt resolution certifying the November 2, 2010 Los Gatos General Municipal Election and declaring the election results. RESOLUTION 2010-104 MOTION: Motion by Vice Mayor Steve Rice to adopt resolution certifying the November 2, 2010 Los Gatos General Municipal Election and declaring the election results. Seconded by Council Member Barbara Spector. VOTE: Motion passed unanimously. P a g e 2 SWEARING IN • Jackie Rose, Clerk Administrator, administered the Oath of Office to Council Member Diane McNutt, Mayor Joe Pirzynski, and Council Member Steven Leonardis. Mayor Joe Pirzynski honored Former Council Member/Supervisor-Elect Mike Wasserman for his years of service to the Town of Los Gatos. Former Council Member/Supervisor-Elect Mike Wasserman • Thanked the community for their support and stated that he will simply be representing Los Gatos at a different level. ROLL CALL OF NEW COUNCIL Present: Mayor Joe Pirzynski, Vice Mayor Steve Rice, Council Member Diane McNutt, Council Member Barbara Spector, and Council Member Steven Leonardis. Absent: None. Mayor Joe Pirzynski thanked the community for re-electing him to serve another term on the Town Council. Council Member Diane McNutt thanked the community for re-electing her to serve another term on the Town Council. Council Member Steven Leonardis thanked the community for electing him to serve on the Town Council. TOWN COUNCIL COUNCIL/TOWN MANAGER REPORTS Council Matters Mayor Joe Pirzynski • Commented that the Town has placed first in the annual Silicon Valley Leadership Turkey Trot held on Thanksgiving morning and congratulated all members of the community who participated. • Commented that the Town celebrated the “Topping Out” of the new Library building on December 6, 2010. P a g e 3 Council/Manager Reports – Continued Manager Matters Mr. Larson • Commented that on Monday, December 13, 2010 at 6:00 p.m. the Town of Los Gatos will be holding the second community forum for the Los Gatos Creekside Sports Park. • Commented that on Tuesday, December 21, 2010 the Town will be having the Roberts Road Bridge re-opening. • Commented that this evening, the Town will move the historic Fiesta House to its permanent location on University Avenue. • Acknowledged Town staff and the community who participated in the Tree Lighting ceremony and the Holiday Children’s parade. Did You Know...? Sergeant Kerry Harris • Commented that the Los Gatos Police Explorer Program provides service to the community and allows scouts who are interested in a career in law enforcement to learn the role of a police officer. • Commented that more information can be found on the Town’s website at www.LosGatosCa.gov/lgpdexplorers or by contacting Kerry Harris at kharris@LosGatosCa.gov. CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION) 2. Amendment to Town Council Agenda Format and Rules regarding reconsideration of Council actions. 3. PPW Job No.10-12 Proposition 1B Funded Curb, Gutter, and Sidewalk Replacement Project 421-813-0209. Authorize the Town Manager to execute Certificate of Acceptance and Notice of Completion accepting the work of RP Engineering Company, and authorize recording by the Clerk Administrator. 4. PPW Job No. 10-15 Los Gatos Creekside Sports Park 411-831-4402. Authorize the Town Manager to execute a professional design services agreement with Callander Associates in an amount not to exceed $62,489. 5. PPW Job No. 10-11 Oak Meadow Park ADA Pathway Access Project 421-831-4002. Authorize the Town Manager to execute Certificate of Acceptance and Notice of Completion accepting the work of Joseph J. Albanese Inc., and authorize recording by the Clerk Administrator. 6. Introduction of Ordinance replacing Chapter 6, Building Regulations, and Chapter 9, Fire Prevention and Protection, of The Town Of Los Gatos Municipal Code and adopting and amending New 2010 California Building and Fire Codes. P a g e 4 Consent Items - Continued REDEVELOPMENT AGENCY 7. 20 Dittos Lane. Staff recommends that the Agency Board adopt resolution approving first amendments to first amended and restated exclusive right to Negotiate Agreement that would facilitate an effort to redevelop the approximately 1.58- acre parcel at 20 Dittos Lane. RESOLUTION 2010-105 TOWN COUNCIL/REDEVELOPMENT AGENCY 8. Approve Council/Agency minutes of November 15, 2010. 9. Rescind Resolution No. 1987-112 and adopt Town Council and Board Member Expense Reimbursement Policy. Mr. Davis pulled Consent Item #7. Mayor Joe Pirzynski stated that Item #7 would be heard prior to Other Business. Mayor Joe Pirzynski directed Jackie Rose, Clerk Administrator to read the title of the ordinance relating to Consent Item #6. MOTION: Motion by Council Member Barbara Spector to waive the reading of the ordinance and to approve Consent Items #2-6, #8, and #9. Seconded by Council Member Diane McNutt. VOTE: Motion passed unanimously. VERBAL COMMUNICATIONS Ms. Deloumi • Commented that a band instrument was found on Blossom Hill Road following the parade Saturday and that more information can be obtained by calling the Los Gatos-Monte Sereno Police Department. Mr. Dueweke • Commented about the dangerous air pollutants and mercury coming from the Lehigh Cement mines above Cupertino. P a g e 5 Verbal Communications – Continued Mr. Chang, City of Cupertino Council Member • Commented about the dangerous air pollutants and mercury coming from the Lehigh Cement mines above Cupertino. Council Comments • Questioned what action has resulted from the study sessions held by the City of Cupertino and what actions Mr. Chang anticipates will result from the study sessions. Mr. Chang • Clarified that the City of Cupertino requested that Bay Area Air Quality Management District place more stringent rules relating to the mercury output. • Clarified that Santa Clara County stated that there is no enforcement for the violation. Mr. Larson • Clarified that the Town has received correspondence relating to that matter and unless further review shows differently, the Town has no direct jurisdiction and the item has not been scheduled for Council consideration. Closed Verbal Communications TOWN COUNCIL PUBLIC HEARINGS 10. Consider a request to rezone property zoned R-1:8 to R-1:8LHP. Property Location: 16221 Shannon Road. Property Owners: Heinz and Margaret Schu. Applicant: Town of Los Gatos. APN 523-07-052. File #HD-10-003 Historic Overlay. Application HD-10-003. Staff report made by Marni Moseley, Associate Planner. Open/Closed Public Hearing Mayor Joe Pirzynski directed Jackie Rose, Clerk Administrator to read the title of the ordinance. P a g e 6 Public Hearing Item #10 - Continued MOTION: Motion by Mayor Joe Pirzynski to waive the reading of the ordinance. Seconded by Vice Mayor Steve Rice. VOTE: Motion passed unanimously. MOTION: Motion by Mayor Joe Pirzynski to introduce the ordinance to effectuate the Town Code amendment and instruct the Clerk Administrator to publish a summary and notice no more than five (5) days prior to adoption. Seconded by Council Member Diane McNutt. VOTE: Motion passed unanimously. PULLED CONSENT ITEM 7. 20 Dittos Lane. Staff recommends that the Agency Board adopt resolution approving first amendments to first amended and restated exclusive right to Negotiate Agreement that would facilitate an effort to redevelop the approximately 1.58- acre parcel at 20 Dittos Lane. RESOLUTION 2010- Open Public Comments Mr. Davis • Expressed concerns that the property must be accessed by traveling across his property. • Expressed concerns that the property is zoned for only five homes and that the proposed plan is for more than five homes. Mr. Tulee • Commented on supporting the affordable housing goals, but expressed concerns about the property lines and setbacks shown in the proposed plans. Mr. Larson • Clarified that the survey for the access to Dittos Lane has been completed and is being reviewed. • Commented that staff will be discussing the survey and recommendations with the property owners and developers next month. • Commented that the environmental review will be done in advance of any action by the Planning Commission and/or Town Council. P a g e 7 Pulled Consent Item #7 – Continued Closed Public Comments MOTION: Motion by Council Member Barbara Spector to adopt a resolution approving first amendments to first amended and restated exclusive right to Negotiate Agreement that would facilitate an effort to redevelop the approximately 1.58- acre parcel at 20 Dittos Lane. Seconded by Vice Mayor Steve Rice. VOTE: Motion passed unanimously. OTHER BUSINESS 11. Authorize the Town Manager to submit a letter of intent to Coulomb Technologies to obtain six electric vehicle charging stations at no cost to the Town. Staff report made by Todd Capurso, Director of Parks and Public Works. Council Comments • Questioned what the approximate cost to the Town would be if Council moved forward with the letter of intent. • Questioned the allocation of parking spaces for each charging station. • Questioned why staff is recommending parking lots three and five which are the more demanding lots. Mr. Capurso • Clarified that it would be very hard to accurately estimate a cost for the project and that the payment process would not be run by the Town, but by an outside service provider. • Commented that the service provider would have a pricing methodology that would cover any costs associated with the operation of the program. • Commented that the Town would want to allow for more than one parking space for each charging station. • Commented that the Town is sensitive to parking demands for the downtown area and any space that is used for a charging station could be made multi- functional. • Clarified that the vendor identified 13 locations and staff is recommending six locations. P a g e 8 Other Business Item #11 – Continued Mr. Capurso - Continued • Commented that installation in any lots that do not have electrical would be very costly. Lots five and six have the appropriate electrical access so they would be the most cost effective for the installation of the charging units. Council Member Steven Leonardis • Disclosed that prior to his election to the Town Council he attended an informational neighborhood meeting about EV charging stations hosted by EV- Advise and Coulomb Technologies. • Commented that this would not have any influence on his decision. Open Public Comments Ms. Jensen • Requested supporting the installation of the charging stations throughout Town. Mr. Mekechuk • Commented on supporting the recommendations listed in the staff report. • Commented that the charging stations will bring business to the Town. Closed Public Comments Council Discussions • Questioned if the Town would be able to walk away from a letter of intent prior to signing a master agreement. • Questioned if staff has looked into other cities that have been operating charging stations. • Expressed concerns about the lack of space and false advertising in the event that all of the charging station spaces were used. • Expressed concerns that this is a vendor driven agenda item and may not be the best for the Town’s purposes. • Expressed concerns about dedicated parking spaces for charging stations. • Expressed concerns about approving a single source vendor versus going out to bid for the charging station installation project. • Questioned if the deadline to sign the letter of intent is the end of the year. • Questioned if there might be funds available for 2011. • Commented on exploring private industry installation of charging stations. P a g e 9 Other Business Item #11 – Continued Mr. Capurso and Mr. Larson • Clarified that information on the possible extension for the letter of intent was not available at that time. • Commented that if Council were to base their decision on some of the information contained in Mr. Calise's memo, they could direct the Town Manager to submit the letter of intent upon verification of the information. • Clarified that staff has done some initial research with one other provider. MOTION: Motion by Council Member Barbara Spector to instruct staff to continue to analyze data received and to provide Council with a more complete report. Seconded by Council Member Steven Leonardis. VOTE: Motion failed 2/3. Council Member Barbara Spector and Council Member Steven Leonardis voted yes. MOTION: Motion by Council Member Diane McNutt to direct staff to continue to monitor the process and sometime during the first quarter, bring forward a report with more complete information about what will be offered by Federal, State, and Regional agencies as well as private companies. Seconded by Vice Mayor Steve Rice. VOTE: Motion passed unanimously. Mayor Joe Pirzynski requested a recess at 8:52 p.m. Meeting resumed at 8:57 p.m. 12. Approve Arts Plan for implementation January 2010 through June 2013. Staff report made by Regina Falkner, Director of Community Services. P a g e 10 Other Business Item #12 – Continued Open Public Comments Ms. Wilcox • Commented about focusing on the incorporation of public art into the community. • Commented about the recommended projects for the Arts and Culture Commission. • Commented about the recommendations for the Forbes Mill Walking Bridge project. Council Comments • Commended the Arts and Culture Commission for their work this past year. • Questioned if there is more information about the use of art from sister cities. • Questioned if the digital panels suggested by the Arts and Culture Commission for use on the walking bridge could be removed or destroyed. • Questioned if the intent of the Commission is to preclude allowing the names of businesses on the art. • Questioned the revitalization of banners in Town. • Questioned preservation of the current artwork on the walking bridge. • Questioned if the Commission would consider multiple ways to exchange art with the Town’s sister cities. Ms. Wilcox • Commented that the Library has offered to digitize and preserve the current art work on the walking bridge. • Commented that the Commission will try to accomplish what is possible this year to revitalize the banners based on current funding. Mr. Lopes • Commented that he supports public art, but is opposed to the removal of the panels that are currently located on the walking bridge. • Commented that his family helps to maintain the current art work on the walking bridge. Ms. Lopes • Expressed concerns about removing the art panels that are currently located on the walking bridge. • Requests that the art remain and the art work to be restored. • Commented on helping to restore the current art work on the walking bridge. Council Comments • Questioned if Ms. Lopes would be willing to continue to repaint and restore art work on the walking bridge. P a g e 11 Other Business Item #12 – Continued Ms. Curtis • Commented on supporting public art and feels that new art along the walking bridge would be an opportunity to showcase other students in the community. Mr. Collins • Expressed concerns about destroying the current artwork on the walking bridge. Mr. Havelka • Commented that there is a lot of history in the Town and that the art work along the walking bridge should be considered as part of the Town’s history. • Commented that there are many kids that would like to see their art work on the walking bridge. • Commented on the intent to memorialize the current artwork as well as give new students the opportunity to display their art work. Closed Public Comments Council Discussions • Questioned if staff knows how many panels are located on the walking bridge. • Questioned if the funding earmarked for the Gateway project is being moved to the Arts program. • Questioned the reason for expanding the address range for the banner project to any artist with a Los Gatos address. • Questioned if each artist would be given a stipend for their banner art. • Questioned if the focus of the banner program is strictly for the Plaza presentation. Ms. Falkner • Clarified that there are 156 panels on the bridge. • Clarified that the money was received from the "Art Cats" project some years ago and the intention was to place art in a community park. When that project failed the Arts Commission recommended to Council that the money be re-allocated for the Gateway project and it has been held there. • Clarified that the Arts and Culture Commission thought that there might not be enough artists for the banner project if it was limited to incorporated Los Gatos residents. • Clarified that each artist would be given a stipend for their banner art. • Commented that the focus of the banner program is the area around Plaza Park. The commission is hoping be able to hang five to ten banners around the Plaza. P a g e 12 Other Business Item #12 – Continued Ms. Jacobs, Assistant Town Manager • Clarified that the Townwide banner project, which the Town has been undertaking for about ten years, includes the downtown area and Los Gatos Boulevard. • Commented that staff has determined which banners are in the worst shape and is working to replace them with the same design, but stronger more vibrant colors. • Commented that there is a small budget to replace the banners on Los Gatos Boulevard which are the worst. • Clarified that the Town Plaza Park banner art program would enhance the downtown. Council Discussions • Suggested creating an action plan to move forward with the revitalization of all of the banners in the downtown area. • Questioned if there is any plan to reconstruct the trail walking bridge surface. • Expressed concerns about moving forward with the walking bridge project until the structure is addressed. • Recommended that staff clean up the new graffiti and that the Town maintain the current art work. Mr. Larson • Clarified that there are no plans in the Capital Improvement Project to address the reconstruction of the walking bridge surface. • Commented that it would require identification of funding for the next fiscal year. MOTION: Motion by Vice Mayor Steve Rice to approve the Arts Plan for implementation January 2011 through June 2013 with the exception that the Forbes Mill Bridge revitalization project focuses only on the panels that are beyond repair by first notifying the owners and to bring back a plan that would address restoration and up-keep of the panels that are in good shape or can be restored. Seconded by Council Member Barbara Spector. VOTE: Motion passed unanimously. P a g e 13 Other Business - Continued 13. Adopt resolutions rescinding Resolutions 2001-42 and 1998-49 and to adopt new resolutions to amend the appointment of Boards/Commission/Committee and Members procedures. RESOLUTION 2010-106 Staff report made by Greg Larson, Town Manager. Opened/Closed Public Hearing Council Discussions • Commented on supporting the process for commissions to make their own recommendations to serve as liaisons to other commissions. • Commented on supporting the move to elect the Chair and Vice Chair for the Planning Commission to January. • Expressed concerns about rotating the commission representation on the General Plan Committee. MOTION: Motion by Mayor Joe Pirzynski to approve the resolution in attachment #2 of the staff report. Seconded by Council Member Diane McNutt. VOTE: Motion passed unanimously. ADJOURNMENT Attest: /s/ Jackie D. Rose _____________________________ Jackie D. Rose, Clerk Administrator