MinutesDRAFT Council /Agency Meeting 517/12
Item # j
MINUTES OF THE TOWN COUNCIL /PARKING AUTHORITY /REDEVELOPMENT
AGENCY MEETING
APRIL 16, 2012
The Town Council of the Town of Los Gatos conducted a Regular Meeting on Tuesday,
: April 16, 2012 at 7:00 P.M.
MEETING CALLED TO ORDER - 7:00 P.M.
ROLL CALL
Present: Mayor Steve Rice, Vice Mayor Barbara Spector, Council Member Steven
Leonardis, Council Member Diane McNutt, and Council Member Joe Pirzynski.
Absent: None
PLEDGE OF ALLEGIANCE
Chandler Cook, Hillbrook School, led the Pledge of Allegiance. The audience was
invited to participate.
PRESENTATIONS
Arbor Day Proclamation
Mayor Steve Rice presented the proclamation to Robert Rennie, Parks Commission
Chair, and Rob Moulden, Town Arborist.
Commendations
Mayor Steve Rice presented a commendation to representatives from the following
organizations.
Downtown Business Recognition - Federal Realty Investment Trust
United Methodist Church Lighting for Literacy Youth Group
CLOSED SESSION REPORT
There was no closed session for this meeting.
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COUNCIL /TOWN MANAGER REPORTS
Council Matters
- Mayor Steve Rice announced the next "Meet the Mayor" session on April 28, 2012
from 2 to 4 p.m.
Manager Matters
Greg Larson, Town Manager
- Commented that CERT classes will begin on April 26, 2012.
- Commented that the Town will host a Green Symposium on April 30, 2012 from 9-
11 a.m. in the library.
- Commented that Youth Commission applications are being accepted until May Stn
- Commented that tickets are on sale for the Los Gatos Wine Walk on May 19, 2012.
Did You Know ??
Christy Wolter, Parks and Facilities Superintendent
- Commented on Keep Los Gatos beautiful events.
CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION)
Approve Council minutes of April 2, 2012.
2. Landscape and Lighting Assessment Districts No. 1 & 2 Adopt resolution describing
improvements and directing preparation of Town Engineer's Report for Fiscal year
2012/13.
3. Transportation Development ACT (TDA) - Article 3 Funding Allocation For FY
2012/13. Adopt resolution authorizing the Town Manager to apply for
Transportation Development Act (TDA) Article 3 Funding Allocation for FY 2012/13
from the Metropolitan Transportation Commission.
4. 15928 Union Avenue Improvement
a. Adopt a resolution approving the amended contract for the improvement of 15928
Union Avenue and modification to condition number 47 of the approved application
M- 08 -13, Architecture and Site Applications S- 08 -30, S -09 -33 and S -09 -34
b. Authorize the Town Manager to execute an amended contract for the improvement
of 15928 Union - Agreement Number 10 -216 and project conditions approval for
Subdivision Application M- 08 -13, Architecture and Site Applications S- 08 -30, S -09-
33 and S -09 -34
• Mr. Mangano pulled Item #4 from the Consent Agenda.
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5. Tract No. 9969 Highlands of Los Gatos. Adopt resolution approving the request to
rename Tract No. 9969 Highlands Drive and Highlands Court to Santella Drive and
Santella Court
6. Short Road Permanent Installation of Traffic Calming Devices. Accept report on the
permanent installation of traffic calming devices for Short Road neighborhood
Mr. Larson
- Clarified two administrative changes for Consent Items #2 and #4.
MOTION: Motion by Council Member Steven Leonardis to approve
Consent Item #1 -6, exclusive of Item #4.
Seconded by Council Member Joe Pirzynski
VOTE: Motion passed unanimously.
VERBAL COMMUNICATIONS
There were no verbal communications for this meeting.
PUBLIC HEARINGS
7. Adopt resolution approving the Comprehensive Fee Schedule FY 2012/13, to
continue certain department fees, rates and charges, and increase certain fees,
rates and charges for FY 2012/2013
Jenny Haruyama, Finance /Budget Manager, presented the staff report.
Opened and Closed the Public Hearing.
MOTION: Motion by Council Member Joe Pirzynski to adopt a resolution
approving the Comprehensive Fee Schedule FY 2012/13, to
continue certain department fees, rates and charges, and increase
certain fees, rates and charges for FY 2012/2013.
Seconded by Council Member Steven Leonardis
VOTE: Motion passed unanimously.
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Pulled Consent Item #4
4. 15928 Union Avenue Improvement
a. Adopt a resolution approving the amended contract for the improvement of 15928
Union Avenue and modification to condition number 47 of the approved application
M- 08 -13, Architecture and Site Applications S- 08 -30, S -09 -33 and S -09 -34
b. Authorize the Town Manager to execute an amended contract for the improvement
of 15928 Union - Agreement Number 10 -216 and project conditions approval for
Subdivision Application M- 08 -13, Architecture and Site Applications S- 08 -30, S -09-
33 and S -09 -34
Todd Capurso, Director of Parks and Public Works, presented the staff report.
Mr. Mangano
- Expressed concern about the proposed resolution and contract amendment.
Council Discussion
Questioned whether the December 2012 end date is included in the staff report.
- Questioned what would happen if the improvements are not made by the December
21, 2012 date.
Commented whether the Town would complete the improvements with the bond
money and whether the project would return to the Council.
Mr. Capurso
- Clarified that the date is located in the original contract and is not reflected in the
staff report because there is no change.
- Clarified that the Council would have the opportunity to approve the contract and
the plans and specifications if the improvements are not complete and if the Town
decided to complete them on its own.
Judith Propp, Town Attorney
- Clarified that Exhibit A could be modified to include the December 21, 2012 end
date.
Mr. Rohani
- Commented that the Town is holding $130,000 in bonds until the project is complete
and could use the bond money to complete the work, if the work is not completed as
specified in the contract.
Mr. Buesing
- Expressed concern about the proposed contract amendment.
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Pulled Consent Item #4 - Continued
Mr. Jeans
- Expressed support for the proposed contract amendment.
Mr. Larson
- Commented that Council could direct that any extension to the contract would have
to be approved by Council, instead of by staff.
Council Discussion
- Questioned the normal procedure for who approves extending a contract.
Mr. Capurso
- Commented that the curbs, gutters, and sidewalks would need to be delivered in an
appropriate condition, regardless of when the improvements are made.
Closed the Public Hearing
Ms. Propp
- Commented that a third term stating that all improvements must be completed by
December 21, 2012 and a fourth term stating that the Council, not the staff, has the
discretion to extend the contract could be added to the proposed amendment.
MOTION: Motion by Council Member Joe Pirzynski to to adopt the
resolution with the December 21, 2012 end date for all public
improvements to be complete and to include the language in
the agreement regarding the unforeseen circumstances that
may occur and to authorize the Town Manager to execute
the amended contract.
Seconded by Council Member Diane McNutt
The following discussion occurred prior to the vote:
- Questioned whether staff could provide Council with updates on whether all the
public improvements have been made by December 21, 2012 because this is a
sensitive project that has gone on for many years.
Mr. Larson
- Clarified that staff would provide Council with the requested update.
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Pulled Consent Item #4 - Continued
AMENDED MOTION: Motion by Council Member Joe Pirzynski to adopt the
resolution with the December 21, 2012 end date for all public
improvements to be complete and to include the language in
the agreement regarding the unforeseen circumstances that
may occur and to authorize the Town Manager to execute
the amended contract; staff would provide Council with an
update as to the status of public improvements.
Seconded by Council Member Steven Leonardis
VOTE: Motion passed unanimously.
OTHER BUSINESS
There was no other business for this meeting.
ADJOURNMENT
The meeting adjourned at 7:53 p.m.
Attest:
Mazarin A. Vakharia
Clerk Administrator
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