Minutes 05072012Page 1 Council/Agency Meeting 5 /21 /1 2 Item #1 MINUTES OF THE TOWN COUNCIL/PARKING AUTHORITY MAY 7 , 201 2 The Town Council of the Town of Los Gatos conducted a Regular Meeting on Mon day , May 7 , 201 2 at 7:0 0 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, l ed the Pledge of Allegiance. The audience was invited to participate. PRESENTATIONS Mayor Steve Rice presented c ommendations to the following: Andale Mexican Restaurant, Downtown Business Recognition Catherine Politopoulo s, Art Curator CLOSED SESSION REPORT 1. 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 Man ager 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 Distric t, 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 2 Closed Session Report – Continued Judith Propp, Town Attorney - Commented that Council met in closed s ession 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 Man a ger - Commented that Student Commission applications are due May 9, 2012. - Commented that on May 11, 2012 the Friends Friday Forum from will host Al y ce Parsons . - Commented that a prescription drug drop -off e vent will take place on May 1 2 , 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 3 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 Mead ows 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 t o 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 -82 1 -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 P roject . 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 c. 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 4 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, in cluding the desk items . Se conded 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 Pe rmit U -11 -016 Jennifer Savage, Associate Planner, presented the staff report.
Page 5 Item #14 - continued Council Questions - Questioned the location and type of signage that will be part of the project. Ms. Sav age - 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 Bo ulevard 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 sta ff. Council Discussion - Questioned whether the Planning Commission conside re d 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, e specially on Blossom Hill Road. Ms. Savage - Clarified that the Planning Commission did not consi der delivery time restrictions. - Commented that other establishments also have restricted delivery times. - Commented that another restriction such as the location and times o f 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 6 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 l ots and not on Blossom Hill Road or Los Gatos Boule vard and to includ e the correction in the desk item . Se conded 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 Gr ounds 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 vete rans’ memorial at Pageant Park. - Commented on the possible elimination of the tre llis and the pedestrian bridge. - Questioned the size of the Civic Center Plaza and its relati on 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 b e available for specia l events. - Questioned whether a W ater D istrict grant could help with funding the complet ion of Pageant Park. - Questioned the range of hardscape treatments and ground cover avail able, besides stamped concrete.
Page 7 Item #15 - continued Mr. Capurso - Clarified tha t $250,000 is the most current cost estimate. - Clarified that the pedestrian bridge would be evaluated as to whether it i s consistent with park use. - Commented that the waterfall can be turned on for special events, but it woul d not be operational every day. - Commented that a higher frequency of use has greater impacts on the turf, especially for event s with a large number of seats. - Commented on the need for a use polic y . - Commented that ADA accessibility is a bigger challenge with natural turf and natural turf also presents draina ge issues and sun/shade issues. - Commented on the variety of hardscape and gro und cover treatments available. - Commented that grants are available for projec ts involving turf conversions. Bruce Smith, Capital Projects Manager - Commented that the Civic Center Plaza is small er than Pageant Park. Christy Wolte r, Parks and Facilities Superintendent - Co nfirmed that there is no current grant funding from the Water District for new projects. Mr. Kn o pf - Questioned the presence of restroom facil ities 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 Gato s Library would need to be available. Closed the Public Hearing.
Page 8 Item #15 - continued Council Discussion - Commented that a main consideration is whether the site should be used as a pa rk or more for special events. - Commented that the issue of restrooms is significant, especially when there is a special even t 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, wit hout specific organized events. - Commented that p lacing 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 b e turf but not as much as presented in Design Alternative III. - 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 Al ternative III, with appropriate landscape adjustments, to allow the use of hard scape to eliminate the major problems that exist , but to emphasize the lawn area, which would be natural and not artificial turf . Se conded by Vice Mayor Barbara Spector. VOTE: Motion passed unanimously. ADJOURNMENT The meeting adjourned at 8:30 p.m. Attest: /s/Mazarin A. Vakharia Clerk Administrator