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2011032104 - Town Council Meeting MinutesDRAFT Council /Agency Meeting 3/22/11 Item # L_1 MINUTES OF THE TOWN COUNCIL /PARKING AUTHORITY /REDEVELOPMENT AGENCY MEETING MARCH 7, 2011 The Town Council of the Town of Los Gatos conducted a Regular Meeting on Monday, March 7, 2011 at 7:00 P.M. TOWN COUNCIL /PARKING AUTHORITY /REDEVELOPMENT AGENCY CLOSED SESSION - 6:00 P.M MEETING CALLED TO ORDER - 7:00 P.M. ROLL CALL Present: Mayor Joe Pirzynski, Vice Mayor Steve Rice, Council Member Steven Leonardis, and Council Member Diane McNutt. Absent: Council Member Barbara Spector. PLEDGE OF ALLEGIANCE ® Morgan Brost, Los Gatos Youth Commissioner, led the Pledge of Allegiance. The Audience was invited to participate. CLOSED SESSION REPORT CONFERENCE WITH LABOR NEGOTIATOR (Government Code Section 54957.6) To meet with Town Negotiators listed below in closed session pursuant to Government Code §54957.6 regarding negotiations with the Employee Organizations listed below: Town Negotiators .(Lead): Rumi Portillo, Human Resources Director /Greg Larson, Town Manager Employee Organizations: Management Employees, Confidential Employees, Town Employees, Association (TEA), American Federation of State, County and Municipal, Employees Local No. 101 (AFSCME), and Los Gatos Police Officers Association (POA) Ms. Propp stated that no action was taken. Page 1 Closed Session — Continued CONFERENCE WITH LEGAL COUNSEL - PENDING LITIGATION (Government Code Section 54956.9fal) 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. TOWN COUNCIL. COUNCIL /TOWN MANAGER REPORTS Council Matters There were no Council Matters for this meeting. Manager Matters Mr. Larson Commented that the Planning Commission Meeting on Wednesday, March 9, 2011 is scheduled to begin at 6:00 "p.m. The Planning Commission will be considering the Conceptual Design for new Gateway to Los Gatos Creek Trail on Main Street as part of the proposed Dittos Lane housing project. Commented about the Council's ongoing focus on personal emergency preparedness and that daylight savings is an opportunity to change the batteries in smoke detectors and flashlights and to update home preparedness supplies. Commented about a series of upcoming events in the community which include: Art in the Town Council Chambers and the monthly reception being held Thursday, March 10, 2011; the Public Utilities Commission will be holding two community forums on March 17, 2011, in the Town Council Chambers to address the proposed area code change; and the Library will be .hosting its monthly reading program on Friday, March 18, 2011, in the Town Council Chambers. Did You Know ?? Stephanie Douglas, Senior Services, Los Gatos Adult Recreation Center (ARC) • Commented about the 55+ program. • Commented that the ARC offers a community living room, an elder partnerships program, Sr. Twitter Newsletter, and the expansion of the Thursday Health Days program. • Commented that more information can be found at www.lgsrecreation.org or by calling the ARC at 408- 354 -1514. Paget CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION) 1. Authorization to submit comments to the California Public Utilities Commission regarding proposed changes to the 408 area code. 2. Adopt resolution amending the current fees and fines schedule to increase parking violations by $3.00 to reflect the January 1, 2011 state mandated surcharge for parking violations. RESOLUTION 2011 -009 3. Adopt a resolution creating an Advisory Committee for update and completion of the North 40 Specific Plan. RESOLUTION 2011 -010 4. Authorize the Town Manager to execute the License Agreement between the Town of Los Gatos and Los Gatos Little League. 5. Adopt a resolution authorizing the Town Manager to execute an agreement with W. Jeffrey Heid to serve as a Town Consultant to review landscape plans and to perform irrigation audits required through the State Model Water Efficient Landscape Ordinance. RESOLUTION 2011 -011 6. PPW Job No. 11 -01 - Highway 9 Pedestrian and Bicycle Safety Improvement Project Phase III, authorize the Town Manager to approve a Cooperative Agreement between the Town of Los Gatos and the cities of Saratoga and Monte Sereno for the Highway 9 Pedestrian and Bicycle Safety Improvements Phase 111. 7. PPW Job No. 10 -21 - 123 Main Street Remodeling Project a. Authorize the Town Manager to execute a construction contract with MG Constructors & Engineers Inc., in an amount not to exceed $62,654.19. b. Authorize staff to execute future change orders to the construction contract as necessary in an amount up to $7,000.00. C. Authorize revenue and expenditure budget adjustment establishing the 123 East Main Street Rehabilitation Project in the amount of $69.654.19 (including contingency) to be fully reimbursed to the Town by the Los Gatos Saratoga Recreation Department. d. Authorize the Town Manager to execute a reimbursement agreement with the Los Gatos Saratoga Recreation Department to fully reimburse the Town for all construction costs. Page3 Consent Items — Continued TOWN COUNCIL /REDEVELOPMENT AGENCY 8. Approve Council Agency Minutes of February 22, 2011. 9. Approval of Annual Town of Los Gatos Boards, Commissions, and Committees local appointment list. 10. Adopt resolution regarding attendance policy for Boards, Commissions, and Committees, and rescind Resolution 2003 -136 and Resolution 2003 -137. RESOLUTION 2011 -012 11. Authorize the Town Manager to execute a consultant agreement in the amount of $66,235 with BAE Urban Economics for preparation of a market study and business development strategy for the North 40. 11.1. Town of Los Gatos and Los Gatos Redevelopment Agency Joint Agreement a. Adopt a Resolution approving the Cooperation Agreement for the Central Los Gatos Redevelopment Project Area. RESOLUTION 2011- 013 and RESOLUTION 2011 -014 b. Authorize Town Manager to execute the Cooperation Agreement for the Central Los Gatos Redevelopment Project Area on behalf of the Town of Los Gatos. C. Authorize Executive Director of the Los Gatos Redevelopment Agency to execute the Cooperation Agreement for the Central Los Gatos Redevelopment Project Area on behalf of the Los Gatos Redevelopment Agency. d. Approve budget adjustment not to exceed $6.2 million of low and moderate housing improvements, including reimbursement for eligible past and future project expenditures; related. loan receivable /revenue in the Town's GEAR Capital Projects fund; and related loan payable /expenditure accounts in the Town's Redevelopment Agency Low and Moderate Housing Funds and as provided for under the Cooperation Agreement dated January 22, 1990 and the Cooperation Agreement for the Central Los Gatos Redevelopment Project Area on behalf of the Town of Los Gatos approved herein. Pa g e4 Consent Items — Continued Mayor Pirzynski noted that there was a Desk Item for Consent Item # 10. MOTION: Motion by Council Member Diane McNutt to approve Consent Items #1 -11.1 with the amendment noted in the *desk item for Consent Item #10. Seconded by Vice Mayor Steve Rice. VOTE: Motion passed 410. Council Member Barbara Spector was not in'attendance. VERBAL COMMUNICATIONS Mr. Dallas ® Commented about the Town's local websites that deal' with news and issues concerning the Town of Los Gatos. Mr. Calise ® Commented about electric vehicle charging stations and stated that he has submitted estimates to Town staff relating to the suggested locations listed in the survey. Closed Verbal Communications TOWN COUNCIL PUBLIC HEARINGS 12. Request to consider an appeal of a decision of the Planning Commission to uphold a decision of the Development Review Committee approving a two -lot subdivision on property zoned R -1:8. APN 510- 41- 057.Subdivision Application M -10 -007. Property Location: 381 Pennsylvania Avenue. Property Owner: 381 Pennsylvania Avenue, LLC. Applicant: Chris Spaulding, Appellant: Matthew Haberkorn. RESOLUTION 2011 7 015 Staff report made by Marni Moseley, Associate Planner. Council Comments Questioned if the term "guest house" written throughout the staff report was referring to the legal second unit or to the main house. Questioned how the historic records inventory has been used by the Town in reviewing applications. Requested follow up from staff relating to the document referred to as Attachment 13. Pages Public Hearing Item #12 — Continued Ms. Moseley • Commented that the word "guest house" was referenced in several areas of the staff report and was used to describe both structures since the main house was traditionally known as the McCullagh "guest house." • Clarified that staff uses the survey that Ms. Bloomfield did in 1991 to help assist in analyzing additions, remodels, and demolitions and to determine what historic characteristics certain properties may have and how those applications should move through the process. Ms. Rooney • Clarified that all applications would be verified to determine if they have been included in the survey's list. If so, they would be processed in accordance with the survey and in some cases structures have been added to the survey list. • Commented that the survey does have a rating system which helps to determine the eligibility of the historic structure. • Clarified that when staff received the documents contained in Attachment 13, they felt that there was new information presented and that the information warrants recommending that the application be remanded back to the Planning Commission and also to raise the question of the need for an environmental analysis to be conducted. Open Public Hearing Mr. Haberkorn, Appellant • Commented that he is speaking on behalf of a group called "Citizen's Advocating Better Planning." • Expressed concerns about various letters that support the project, but have no signatures and seem to be from realtors and developers. • Suggested that the item be remanded back to the Planning Commission and that CEQA review be performed. • Expressed concerns about new information which was a Town report submitted as the Bloomfield report. • Commented that the main home has been referred to as the McCullagh guest house and that the "guest house referred to in most of the documents is the cottage which has not been determined to be historic at this time. Page6 Public Hearing Item #12 — Continued Mr. Howell, Applicant • Commented that the Development Review Committee and Planning Commission have approved the project. • Commented that they have not been able to review the new documents (Attachment 13) and feels that the best course of action would be to remand it back to Planning Commission. • Commented that he feels that an Initial Study would be acceptable. • Commented that the main home has been remodeled many times and that the other structures on the property were built during the fifties. • Commented that the back of the main home has an addition which was added about 20 or 30 years ago. Mr. HaberKorn • Commented that he came across the Bloomfield report after the Planning Commission meeting and feels that the Town should have known about the report and included it as part of the original documents. • Suggested that the appeal be granted -and that the applicant be required to come back with an Environmental Impact Report for the property. • Expressed concerns about "piecemealing" the project and feels that the entire property should be considered as historical. • Commented that these lots where designed for homes with larger properties and does not want to lose that charm by sub - dividing parcels. Closed Public Hearing Council Discussion • Commented on letters submitted in opposition of the project. ® Questioned what the Initial Study would show. Ms. Propp • Clarified that staff is recommending to conduct the appropriate level of environmental review necessary. Staff will be referring the matter to an environmental consultant who will conduct an Initial Study. At that point, it would be the consultant's recommendation as to what level of environmental assessment to conduct. Pagel Public Hearing Item #12 — Continued MOTION: Motion by Council Member Diane McNutt to remand the subdivision application to the Planning Commission for further consideration (Attachment 10) and an environmental assessment be completed prior to the Planning Commission's further consideration and action. Seconded by Vice Mayor Steve Rice. VOTE: Motion passed 4/0. Council Member Barbara Spector was not in attendance. OTHER BUSINESS 13. PPW Job No. 10 -17 - Almond Grove Street Rehabilitation Project a. Accept the staff report on the condition of streets in the Almond Grove District; b. Provide direction to staff regarding the proposed project implementation plan. Council Member Steven L.eonardis recused from Item #13 due to the location of a property he owns. Staff report made by Todd Capurso, Director of Parks and Public Works and Mr. Shafer, Nichols Consulting. Council Comments • Questioned the difference between concrete and asphalt in terms of construction impacts to the neighborhoods and businesses. • Questioned staff's plans for educating the community. • Expressed concerns about the condition of the lower streets in the Almond Grove that are closer to downtown and the impact to the businesses and residents during the construction. • Questioned if the consulting report refers to property line to property line and questioned the cure time for the property line to property line portions of the project. • Questioned the current cure time for side walk reconstruction projects in other areas of Town. • Questioned the long term cost and the down sides to concrete over the years. • Expressed concerns about future concrete costs and the life span of concrete. Pages Other Business Item #13 — Continued Mr. Shafer • Clarified that the concrete cure time would be the largest impact to the neighborhoods. • Commented that the quicker the cure the more expensive the concrete is, so the cure time would depend on the type of concrete. • Commented that they could do one side of the street at a time and the areas can be broken up to allow residents to access their homes. Mr. Capurso • Clarified that neighborhood outreach would include residents and businesses, signage, and other public awareness methods would be implemented well in advance. • Clarified that the replacement of the concrete streets is going to be the most expensive; so staff recommended phasing those streets into several phases. • Commented that a financial benefit would be to reconstruct those asphalt streets that are fair to poor before they become worse. • Clarified that cure time for driveways and entrances would take more than a day, and that time frames would be built into the design. • Commented that the asphalt streets would require less cure time. • Clarified that concrete streets would not require preventative maintenance and that over a long period of time trenches or cuts would require concrete replacement that may be visible, but overall the streets would remain strong. Mr. Larson • Commented that advanced notice to all utility companies that may have work to do in the areas may help to eliminate utility cuts on the concrete streets. Open Public Comments Mr. Miller • Commended staff and Council for looking into this project. • Suggested beginning with the worst streets such as Glenridge Avenue. Ms. Rasmussen • Commented in support of the project. • Commented that the Almond Grove is a blighted area and the street reconstruction is overdue. Council Comments Questioned how Ms. Rasmussen and her neighbors feel about the impacts during the construction. Pe9 Other Business Item #13 — Continued Ms. Rasmussen • Commented that the neighbors have stated that the impacts could be dealt with as long as the streets were repaired. Mr. Larson • Commented that the subject of funding would be brought forward as part of the Capital Improvement Plan over the next several years. • Expressed concerns that the elimination of Redevelopment funds by the State would directly reduce funding for the Almond Grove area project over the next five to ten years: Ms. Rasmussen • Questioned why the funding options were not in the staff report. Mr. Capurso • Clarified that the focus of the report was to address the construction options. Staff did not want to bring forward any funding options until the State makes a final determination regarding Redevelopment funding. Closed Public Comments MOTION: Motion by Vice Mayor Steve Rice to accept the staff report on the condition of streets in the Almond Grove District. Seconded by Council Member Diane McNutt. VOTE: Motion passed 3/0. Council Member Barbara was not in attendance and Council Member Steven Leonardis recused due to the location of property he owns. ADJOURNMENT Attest: Jackie D. Rose, Clerk Administrator P age 10