M04-04-11 Council/Agency Meeting 4/18/11
Item #6b
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MINUTES OF THE TOWN COUNCIL/PARKING AUTHORITY/REDEVELOPMENT
AGENCY MEETING - APRIL 4, 2011
The Town Council of the Town of Los Gatos conducted a Regular Meeting on Monday,
April 4, 2011 at 7:00 P.M.
TOWN COUNCIL/PARKING AUTHORITY/REDEVELOPMENT AGENCY
CLOSED SESSION BEGAN AT 6:15 P.M.
MEETING CALLED TO ORDER AT 7:00 P.M.
ROLL CALL
Present: Mayor Joe Pirzynski, Vice Mayor Steve Rice, Council Member Steven
Leonardis, Council Member Diane McNutt, and Council Member Barbara Spector.
Absent: None.
STUDENT POETRY MONTH
- In honor of poetry month, Felix Lee, Chloe Loomer, and Rider Caplain recited
poem’s that they had written.
PLEDGE OF ALLEGIANCE
- Felix Lee, Chloe Loomer, and Rider Caplain led the Pledge of Allegiance. The
audience was invited to participate.
PRESENTATION - DMV/Donate Life California Month
- Mayor Joe Pirzynski proclaimed the month of April as DMV/Donate Life California
Month.
- Sean and Virginia O’Rourke, husband and wife, both Donate Life Ambassadors for
the California Transplant Donor Network accepted the proclamation on behalf of the
organization.
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CLOSED SESSION REPORT
CONFERENCE WITH LEGAL COUNSEL PENDING LITIGATION
(Government Code Section 54956.9[a])
To meet with Town Attorney regarding existing litigation pursuant to Government Code
Section 54956.9(a). Discussion in open session would prejudice the position of the
Town in litigation.
1 Case: Susan Fieldler vs. the Town of Los Gatos, Santa Clara County Superior
Court Case No. 110 CV 173 748.
Ms. Propp stated that no action was taken; however, they did not conclude their Closed
Session and will be adjourning tonight to continue the Closed Session.
CONFERENCE WITH REAL PROPERTY NEGOTIATOR
(Government Code Section 54956.8)
Property: 375 Knowles Drive APN 406-28-032
Negotiating parties: Town of Los Gatos (Negotiator: Greg Larson, Town
Manager)
County of Santa Clara (Negotiator: Bruce J.M. Knopf,
Director, Asset and Economic Development)
Ms. Propp stated that no action was taken.
TOWN COUNCIL
COUNCIL/TOWN MANAGER REPORTS
Council Matters
- Mayor Pirzynksi commented on links for family preparation in case of a disaster and
stated that more information can be found by visiting the Emergency Preparedness
link on the Town’s website.
- Requested to agendize a discussion relating to the use of a Conditional Use Permit
in the Central Business District.
- Vice Mayor Steve Rice spoke supported the request.
Mr. Larson
- Clarified that staff will schedule the item for one of the next two meetings pending
staff work and preparation of the item.
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Council/Town Manager Reports – Continued
Manager Matters
- Commented that April is Distracted Driver month and advised the community to
avoid using cell phones and texting while driving.
- Commented that the month of April is also Keep Los Gatos Beautiful month and
information about the upcoming events can be found on the T own's website or by
searching "Keep Los Gatos Beautiful."
Did You Know??
Christy Wolter, Parks Superintendent
- Commented on the Town’s recycling program.
- Commented that more information can be found for Home and Business Recycling
at West Valley Collection and Recycling (408) 283-9250 or
WestValleyRecycles.com and for Parks and Downtown Recycling contact Los
Gatos Parks and Public Works (408) 399-5777.
CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION)
1. Authorize the Town Manager to enter into a Joint Powers Authority agreement with
the Bay Area Regional Information and Communications System (BayRICS)
2. Rescind Council Policy I: Access and Retention of Video Recorded Media of Council
Meetings.
3. Consider allocation of Community Grant Funds for Fiscal Year 2011/12 and Fiscal
Year 2012/13, including:
a. Refer allocation of Fiscal Year 2011/12 and Fiscal Year 2012/13 General
Fund Grants to the Fiscal Year 2011/12 and Fiscal Year 2012/13 Operating
Budgets; and
b. Adopt a resolution allocating Fiscal Year 2011/12 Community Development
Block Grant (CDBG) Funds. RESOLUTION 2011- 018
4. PPW Job No. 10-02 - Pageant Grounds Access Improvement Design Project 831-
1201 Authorize the Town Manager to execute a Certificate of Acceptance and Notice of
Completion accepting the work of Redwood Engineering Construction and authorize
recording by the Clerk Administrator.
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Consent Items - Continued
5. PPW Job No. 10-05 State-Legislated, Safe Routes to School, Blossom Hill Road
Sidewalk and Bicycle Lane Project.
a. Authorize acceptance of State-Legislated, Safe Routes to School Fund for the
Blossom Hill Road Sidewalk and Bicycle Lane Project, SR2SL-5067(018).
b. Adopt resolution authorizing the Town Manager to execute an administering
Agency-State Master Agreement and Program Supplement Agreement under
the Master Agreement with the State of California Department of
Transportation. RESOLUTION 2011- 019
TOWN COUNCIL/REDEVELOPMENT AGENCY
6. Approve Council/Agency minutes of March 21, 2011.
Pulled Consent Item
- Ms. King pulled Consent Item #3.
- Mayor Joe Pirzynski requested that Ms. King speak on the Consent Item at this
time.
Ms. King
- Expressed concerns about the lack of general funding for the local Healthy Kids
program and requested additional funding from the Town.
Council Comments
- Questioned if $1,100.00 is the cost to cover one child per year and how many
children are covered in Los Gatos.
Ms. King
- Clarified that $1,100.00 is the approximate amount and they currently cover 20
children in Town.
Mr. Larson
- Clarified that the time for discussion regarding funding for this item would be during
the budget process in May.
Council Comments
- Council Member Steve Leonardis recused from Item #3 due to his affiliation with the
Art Docents.
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Consent Items – Continued
Note on Consent Item #6
- Council Member Barbara Spector noted that she was not in attendance for Item #7
of the March 21, 2011 meeting.
MOTION: Motion by Council Member Barbara Spector to approve Consent
Items #1-6.
Seconded by Vice Mayor Steve Rice.
VOTE: Consent Items #1, #2, and #4-6 passed unanimously.
Consent Item #3 passed 4/0. Council Member Steve Leonardis
recused due to affiliation with the Art Docents.
VERBAL COMMUNICATIONS
Ms. Hotelling
- Expressed concerns about the proposed plan for Verizon to place a cell tower at the
end of Sierra Azul Lane.
Council Comments
- Questioned if the Town has jurisdiction regarding the matter.
Mr. Larson
- Clarified that the item is a pending matter before the Planning Commission and that
staff is currently not recommending the proposed application.
Mr. Witt
- Expressed concerns about the proposed plan for Verizon to place a cell tower at the
end of Sierra Azul Lane.
Ms. Talantoua
- Expressed concerns about the proposed plan for Verizon to place a cell tower at the
end of Sierra Azul Lane.
Closed Verbal Communications
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TOWN COUNCIL
OTHER BUSINESS
7. Charter Oaks Drive Neighborhood Traffic Access at Lark Avenue.
a. Accept report regarding current status of staff work in addressing
neighborhood requests.
b. Direct Staff to include the requested traffic safety improvements in the
upcoming Lark Avenue Traffic Analysis.
Staff report made by Todd Capurso, Director of Parks and Public Works.
Council Comments
- Questioned the timing for the traffic study and if the study would recommend an
ultimate solution.
- Questioned the difference between a two-way turn lane and a dedicated merge
lane.
- Questioned if the street striping would be done in -house.
- Questioned if there is room to make a U-turn at the University Avenue intersection.
- Questioned if staff feels that other options could result from the study.
Mr. Capurso
- Clarified that the improvements for Charter Oaks are scheduled to be completed by
August, and the completion of improvements for the Lark and Winchester
intersection would depend on funding, and if funding was an issue, then phasing
would be needed.
- Clarified that striping of the lanes would determine the difference between a two-
way turn lane and a dedicated turn lane. A two way turn lane would allow vehicles to
make turns from that lane in both directions. A dedicated turn lane would only allow
vehicles to make a designated turn from that lane.
- Clarified that thermal-plastic striping is not done in-house.
- Commented that there may not be any new solutions from the consultants.
- Expressed concerns about the width of Lark Avenue.
- Clarified that the U-turn could be a way to help mitigate the loss of the left turn lane
into Wagic Business Park.
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Other Business Item #7 – Continued
Open Public Comments
Ms. Bosomworth
- Expressed concerns about the intersection at Charter Oaks and requested that
Council approve the proposed project and begin work as soon as possible.
Ms. Grewal
- Expressed concerns about the intersection at Charter Oaks and requested that
Council approve the proposed project and begin work as soon as possible.
Ms. Spaziani
- Expressed concerns about the intersection at Charter Oaks and requested that
Council approve the proposed project and begin work as soon as possible.
Mr. Bohn
- Expressed concerns about future developments along Lark Avenue.
- Recommended that Council approve Option #2 for the project improvement.
Ms. LaMarre
- Expressed concerns about entering and exiting Charter Oaks.
- Commented that it is hard to see the westbound traffic along Lark Avenue.
- Requested that staff re-stripe the center lane and address the speeding along Lark
Avenue.
Mr. Aghazarian
- Expressed concerns about the traffic impacts on Lark Avenue when entering and
exiting Charter Oaks.
Ms. Morabito
- Expressed concerns about entering and exiting Charter Oaks and requested
eliminating the left turn lane into Wagic Business Park.
Closed Public Comments
Council Discussions
- Questioned if staff could move forward with a dedicated left turn lane for Charter
Oaks.
- Questioned if traffic speed will be examined as part of the study.
- Questioned if the property owners of the businesses in the immediate area were
notified of this meeting.
- Questioned if interim lane poles could be installed to design a new lane if the left
turn to Wagic Business Park was removed.
- Commented that there are more cars entering and exiting Charter Oaks than there
are entering Wagic Business Park.
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Other Business Item #7 – Continued
Mr. Capurso
- Clarified that staff may be able to construct a dedicated merge lane, but it would
take a month or two to conduct the bidding process.
- Clarified that the ultimate solution may take two months and staff would not like to
cause confusion by utilizing one option then finding a better one in a month.
- Clarified that speed would be included as part of the study.
- Clarified that he has had conversations with the business owners in the immediate
area.
- Clarified that they could look into temporary structures for the lanes, but that would
still require the striping and striping would need to be out-sourced.
- Commented that signage and re-striping could be used as an interim solution.
- Commented that they could, as an interim, turn the left turn lane into a two way
median.
MOTION: Motion by Vice Mayor Steve Rice to accept the report regarding
current status of staff work in addressing neighborhood requests
and direct staff to implement option #2 which includes the removal
of the existing left turn pocket on Lark Avenue entering the Wagic
parking lot. Restripe this area as a dedicated merge lane for the left
turn movements out of Charter Oaks Drive onto eastbound Lark
Avenue. The westbound left turn movements from Lark Avenue into
the Wagic parking lot would be restricted and traffic would need to
be rerouted to the University Avenue intersection.
Seconded by Council Member Barbara Spector.
VOTE: Motion passed unanimously.
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OTHER BUSINESS
8. Solar Power Purchase Agreement.
a. Authorize the Town Manager to execute a solar power purchase agreement
between the Town of Los Gatos and Fresh Air Energy-II, LLC. in order to
provide solar power for the Town Service Center at 41 Miles Avenue, and the
Police Operations building at 15900 Los Gatos Boulevard.
b. Authorize the Town Manager to execute future amendments to the power
purchase agreement that do not extend the term of the agreement or result in
a rate increase of more than 1%.
Staff report made by Christy Wolter, Parks Superintendent.
Council Comments
- Questioned why over producing electricity would be detrimental.
- Questioned if staff could return to Council with annual progress reports.
- Questioned staff’s level of comfort relating to the long term agreement with the
vendor.
- Questioned termination clause.
Ms. Propp
- Clarified that one of the key terms of the agreement was the deposit account and
suggested adding a provision that the equipment would revert to the Town if the
vendor were to go out of business.
- Clarified the process for the agreement.
Ms. Wolter
- Clarified that with a power purchases agreement the Town actually purchases all
the electricity generated.
- Clarified that there would be a fee if the Town terminated early.
Open/Closed Public Comments
MOTION: Motion by Mayor Joe Pirzynski to authorize the Town Manager to
execute a solar power purchase agreement between the Town of
Los Gatos and Fresh Air Energy-II, LLC. in order to provide solar
power for the Town Service Center at 41 Miles Avenue, and the
Police Operations building at 15900 Los Gatos Boulevard.
Seconded by Council Member Barbara Spector.
VOTE: Motion passed unanimously.
Other Business Item #8 – Continued
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MOTION: Motion by Mayor Joe Pirzynski to authorize the Town Manager to
execute a solar power purchase agreement between the Town of
Los Gatos and Fresh Air Energy-II, LLC. in order to provide solar
power for the Town Service Center at 41 Miles Avenue, and the
Police Operations building at 15900 Los Gatos Boulevard and
authorize the Town Manager to execute future amendments to the
power purchase agreement that do not extend the term of the
agreement or result in a rate increase of more than 1% and to
incorporate into the budget process the annual updates starting one
year from now.
Seconded by Council Member Barbara Spector.
VOTED: Motion passed unanimously.
ADJOURNMENT
- Meeting adjourned to continue Closed Session at 9:12 p.m.
Attest:
/s/Jackie D. Rose, Clerk Administrator