Minutes 04162012Page 1 Council/Agency Meeting 5 /7 /1 2 Item #1 MINUTES OF THE TOWN COUNCIL/PARKING AUTHORITY APRIL 16 , 201 2 The Town Council of the Town of Los Gatos conducted a Regular Meeting on Tuesday , April 16, 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 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 May or 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.
Page 2 COUNCIL/TOWN MANAGER REPORTS Council Matters - Mayor Steve Rice announced th e next "Meet the Mayor" session on April 28, 2012 from 2 to 4 p.m. Manager Matters Greg Larson, Town Man a ger - Commented that CERT classe s 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 9 th . - Commented that tickets are on sale for the Los Gatos Wine Walk on May 19, 2012. Did You Know?? Christy Wolter, Park s and Facilities Superintendent - Commented on Keep Los Gatos beautiful events. CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION) 1. 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 Metrop olitan Transportation Commission. 4. 15928 Union Avenue Improvement a. Adopt a resolutio n 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 M r. Mangano pulled Item #4 from the Consent Agenda.
Page 3 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 Item s #2 and #4. MOTION: Motion by Council Member Steven Leonardis to approve Consent Item #1 -6, exclusive of Item #4 . Se conded 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, pres ented 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 . Se conded by Council Member Steven Leonardis VOTE: Motion passed unanimously.
Page 4 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 T odd 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 i s included in the staff re port. - 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 projec t would return to the Council. Mr. Capurso - Clarified that the date is located in the original contract and is not reflected in the staff rep ort 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 c ould be modified to include t he 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. Bu esing - Expressed concern about the proposed contract amendment.
Page 5 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 staf f. 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. Close d the Public Hearing Ms. Propp - Commented that a third term stating that all improvements must be complete d 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 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. Se conded by Council Member Diane McNutt The following discussion occurred p rior 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 t hat has gone on for many years. Mr . Larson - Clarified that staff would provide Council with the requested update.
Page 6 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 amend ed contract ; staff would provide Council with an update as to th e status of public improvements on or before December 21, 2012. Se conded 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: /s/Mazarin A. Vakharia Clerk Administrator