MinutesDRAFT Council /Agency Meeting 5/21/12
Item # i
MINUTES OF THE TOWN COUNCIL /PARKING AUTHORITY
MAY 7, 2012
The Town Council of the Town of Los Gatos conducted a Regular Meeting on Monday,
May 7, 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
Sam Ross, Van Meter Elementary School, led the Pledge of Allegiance. The audience
was invited to participate.
PRESENTATIONS
Mayor Steve Rice presented commendations to the following:
Andale Mexican Restaurant, Downtown Business Recognition
Catherine Politopoulos, Art Curator
CLOSED SESSION REPORT
PUBLIC EMPLOYEE ANNUAL PERFORMANCE EVALUATION [Government
Code Section 54957(b)(1)] Title: Town Manager CONFERENCE WITH LABOR
NEGOTIATOR (Government Code Section 54957.6) Agency Negotiator: Rumi
Portillo, Human Resources Director. Unrepresented Employee: Town Manager
2. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Government Code
Section 54956.8) Properties: 4 New York Avenue, APN: 529 -27 -024 Negotiating
parties: Town of Los Gatos (Negotiator: Greg Larson, Town Manager) Los Gatos -
Saratoga Union High School District, A Place for Teens /CASA, Los Gatos Youth
Park. Under negotiation: Price and terms of potential sale or payment of lease
3. CONFERENCE WITH LEGAL COUNCIL / EXISITING LITIGATION (Government
Code Section 54956.9 [a]) Sara Cole v. Town of Los Gatos, Court of Appeals, Case
No. H03544
Page 1
Closed Session Report — Continued
Judith Propp, Town Attorney
- Commented that Council met in closed session and took no reportable action.
COUNCIL /TOWN MANAGER REPORTS
Council Matters
- Mayor Steve Rice announced Wildfire Preparedness Wildfire Awareness Week is
May 6 -12, 2012.
Manager Matters
Greg Larson, Town Manager
- Commented that Student Commission applications are due May 9, 2012.
- Commented that on May 11, 2012 the Friends Friday Forum from will host Alyce
Parsons.
- Commented that a prescription drug drop -off event will take place on May 12, 2012.
- Commented that a Teen Dating Violence Resources Event will occur on May 17,
2012.
Did You Know ??
Jessica von Borck, Economic Vitality Manager
- Commented the Wine Walk hosted by the Los Gatos Chamber of Commerce is
scheduled for Saturday, May 19, 2012 at 1:30 p.m.
CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION)
1. Approve Council minutes of April 16, 2012
2. Adopt resolution setting date for consideration of reorganization of an uninhabited
area designated as La Rinconada No. 5, approximately .73 acres located at 14795
La Rinconada (APN 409 -32 -001); File #AN12 -001
3. Hazardous Vegetation Abatement (Brush)
a. Adopt resolution declaring hazardous vegetation (brush) a public nuisance and
providing for abatement
b. Set June 4, 2012 as a Public Hearing to hear protests on this annual program
Page 2
Consent Items - continued
4. Hillbrook and Kennedy Meadows Landscape & Lighting Districts' Budget
Adjustments. Authorize an expenditure budget adjustment in the amount of $2,080
for additional work in the Hillbrook Landscape Lighting District and $14,400 for
additional work in the Kennedy Meadows Landscape & Lighting District
5. PPW Job No. 11 -02 Hicks Road and Phillips Avenue Storm Drain Culvert
Improvements. Approve plans and specifications for the Hicks Road and Phillips
Avenue Storm Drain Culvert Improvements project and authorize staff to advertise
the project for bids
6. PPW Job, No. 11 -06 Oak Meadow Park Picnic Areas #1 & #2 Renovation Project
411 - 831 -4003. Authorize the Town Manager to execute Certificate of Acceptance
and Notice of Completion accepting work of Joseph J. Albanese and authorize
recording by the Clerk Administrator
7, PPW Job No. 11 -13 - Los Gatos Adult Recreation Center Roof Project 411 -821-
2202. Authorize the Town Manager to execute Certificate of Acceptance and Notice
of Completion accepting work of Weatherproofing Associates and authorize
recording by the Clerk Administrator
8. PPW Job No. 11 -16 FY 2011/12 Street Repair & Resurfacing Project. Approve
plans and specifications for the FY 2011/12 Street Repair & Resurfacing project
and authorize staff to advertise the project for bids
9. PPW Job No. 11 -17 FY 2011/12 Curb, Gutter, & Sidewalk Repair and Replacement
Project
a. Authorize the Town Manager to execute a construction contract with Bearden
Construction, Inc., d.b.a CB Concrete Construction, Inc. in an amount not to exceed
$197, 948.30
b. Authorize staff to execute future change orders to the construction contract as
necessary in an amount not to exceed $30,000
10. West Valley Clean Water Program Budget and Program Services Agreement
a. Approve the FY 2012/13 West Valley Clean Water Program Budget
b. Authorize the Town Manager to execute an agreement between the Town of Los
Gatos and the West Valley Sanitation District to collect program related fees on
behalf of the Town
Authorize the Town Manager to enter into a Memorandum of Understanding to
allow the West Valley Clean Water Program to provide program services for Town
Page 3
Consent Items - continued
11. Adoption of a resolution amending the Appendices to the Town /Successor Agency
Conflict of Interest Code
12. Authorize the Town Manager to negotiate and execute an agreement to provide an
Interim Executive Director for the Los Gatos - Saratoga Department of Community
Education and Recreation
TOWN COUNCIL AS SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY
OF THE TOWN OF LOS GATOS
13, Update and approval of Recognized Obligations
a. Second Amended Certified Recognized Obligation Payment Schedule and
Administrative Budget for the period January 1, 2012 through June 30, 2012
b. Certified Recognized Obligation Payment Schedule and Administrative Budget for
the period July 1, 2012 through December 31, 2012
MOTION: Motion by Council Member Joe Pirzynski to approve Consent
Item #1 -13, including the desk items.
Seconded by Council Member Steven Leonardis.
VOTE: Motion passed unanimously.
VERBAL COMMUNICATIONS
There were no verbal communications for this meeting.
PUBLIC HEARINGS
14. Conditional Use Permit Application U -11 -016. Project Location: 640 Blossom Hill
Road. Property Owner: Blossom Hill Pavilion LP. Applicant: Harlan Faust /Chipotle
Mexican Grill Consider a request to approve Conditional Use Permit U -11 -016
Jennifer Savage, Associate Planner, presented the staff report.
Page 4
Item #14 - continued
Council Questions
- Questioned the location and type of signage that will be part of the project.
Ms. Savage
- Commented that Chipotle will only operate a portion of the former Hollywood Video
site, so there will be a smaller sign and staff will work with Chipotle to determine the
final type of signage, which will be visible from Blossom Hill Boulevard and Los
Gatos Boulevard or both streets.
Ms. Kroft
- Expressed concern about Condition of Approval #9, regarding restricted delivery
times of 9 a.m. to 7 p.m., which are during operating hours and would create a
burden for staff.
Council Discussion
- Questioned whether the Planning Commission considered delivery time restrictions.
- Commented that there are residential units that will be impacted by delivery trucks.
- Questioned where and when other food establishments in the area receive
deliveries.
- Questioned the reason for delivery time restrictions.
- Commented on the constrained parking lot and the impact of delivery trucks on
safety and traffic, especially on Blossom Hill Road.
Ms. Savage
- Clarified that the Planning Commission did not consider delivery time restrictions.
- Commented that other establishments also have restricted delivery times.
- Commented that another restriction such as the location and times of delivery could
be- considered.
- Commented on alternative language for the condition: Delivery shall occur between
12 midnight and 6 a.m. Delivery trucks shall be limited to off - loading within the
parking lot and not on Los Gatos Boulevard or Blossom Hill Road,
Page 5
Item #14 - continued
MOTION: Motion by Council Member Steven Leonardis to approve the
Planning Commission's recommendation for Conditional Use
Permit Application U -11 -016 and to make the required findings
(Attachment 1) and to include the restriction that deliveries shall
occur between 12 midnight and 6 a.m., with delivery occurring in
the parking lots and not on Blossom Hill Road or Los Gatos
Boulevard and to include the correction in the desk item.
Seconded by Vice Mayor Barbara Spector.
VOTE: Motion passed unanimously.
OTHER BUSINESS
15. PPW Job No. 12 -01 Pageant Grounds Renovation Project 411 - 825 -2501
a. Review and provide direction to staff regarding the design of the Pageant Grounds
Renovation Project
b. Direct staff to move forward with the design, bid, and award of the Pageant
Grounds Renovation
Todd Capurso, Director of Parks and Public Works, presented the staff report.
Council Discussion
- Questioned whether the presentation or the staff report contains the most current
cost estimate.
- Commented on the potential for a pedestrian bridge and a veterans' memorial at
Pageant Park.
- Commented on the possible elimination of the trellis and the pedestrian bridge.
- Questioned the size of the Civic Center Plaza and its relation to the size of Pageant
Park.
- Commented that the Civic Center Plaza is not used, largely because there is no
seating available there.
- Questioned whether the waterfall in Design Alternatives III and IV would be
operational for special events.
- Commented on the types of seating that would be available for special events.
- Questioned whether a Water District grant could help with funding the completion of
Pageant Park.
- Questioned the range of hardscape treatments and ground cover available, besides
stamped concrete.
Page 6
Item #15 - continued
Mr. Capurso
- Clarified that $250,000 is the most current cost estimate.
- Clarified that the pedestrian bridge would be evaluated as to whether it is consistent
with park use.
- Commented that the waterfall can be turned on for special events, but it would not
be operational every day.
- Commented that a higher frequency of use has greater impacts on the turf,
especially for events with a large number of seats.
- Commented on the need for use policy.
- Commented that ADA accessibility is a bigger challenge with natural turf and natural
turf also presents drainage issues and sun /shade issues.
- Commented on the variety of hardscape and ground cover treatments available.
- Commented that grants are available for projects involving turf conversions.
Bruce Smith, Capital Projects Manager
- Commented that the Civic Center Plaza is smaller than Pageant Park,
Christy Wolter, Parks and Facilities Superintendent
- Confirmed that there is no current grant funding from the Water District for new
projects.
Mr. Kroft
- Questioned the presence of restroom facilities for Pageant Park.
Mr. Capurso
- Commented that there are constraints to building restroom facilities on the site, so
the restrooms in the Civic Center and Los Gatos Library would need to be available.
Closed the Public Hearing.
Page 7
Item #15 - continued
Council Discussion
- Commented that a main consideration is whether the site should be used as a park
or more for special events.
- Commented that the issue of restrooms is significant, especially when there is a
special event with a high number of seats.
- Commented that Design Alternatives I and II tend to limit the site to special event
usage and that would limit how useful the site is; Alternatives III and IV lend
themselves to park -like uses, without specific organized events.
- Commented that placing turf on the site does not preclude use for an occasional
special event.
- Commented that Alternative III is preferable, and this should not be an event venue.
- Commented that lawn requires water, which is a big environmental concern, so
there should be turf but not as much as presented in Design Alternative LIL.
- Commented that a pedestrian bridge and waterfall should be included as well as
some natural turf and landscaping to remove the hard edges.
MOTION: Motion by Council Member Joe Pirzynski to direct staff to
implement Design Alternative III, with appropriate landscape
adjustments, to allow the use of hardscape to eliminate the major
problems that exist, but to emphasize the lawn area, which would
be natural and not artificial turf.
Seconded by Vice Mayor Barbara Spector.
VOTE: Motion passed unanimously.
ADJOURNMENT
The meeting adjourned at 8:30 p.m.
Attest:
Mazarin A. Vakharia
Clerk Administrator
Page 8