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2011050205 - Town Council Meeting MinutesDRAFT Council /Agency Meeting 5102/11 ITEM # MINUTES OF THE TOWN COUNCIL /PARKING AUTHORITYIRE D EVELOPM ENT AGENCY MEETING - APRIL 18, 2011 The Town Council of the Town of Los Gatos conducted a Regular Meeting on Monday, April 18, 2011 at 7:00 P.M. TOWN COUNCIL/PARKING AUTHORITY /REDEVELOPMENT AGENCY MEETING CALLED TO ORDER ROLL CALL Present: Mayor Joe Pirzynski, Vice Mayor Steve Rice, Council Member Steven Leonardis, Council Member Diane McNutt, and Council Member Barbara Spector. Absent: None. PLEDGE OF ALLEGIANCE - Shomik Jain, Fisher Middle School led the Pledge of Allegiance. The audience was invited to participate. PRESENTATIONS Student Poetry Month - In honor of poetry month, Liat Rubin, Fisher Middle School, recited a poem that she had written. Proclamation - National Arbor Day - Mayor Joe Pirzynski proclaimed April 29, 2011 as National Arbor Day. - Rob Mouldon, Town Arborist and Brant Corenson, Parks Commissioner, accepted the proclamation on behalf of the Town and invited the community to join the Town at Blossom Hill Park on April 29, 2011 for an Arbor Day celebration. CLOSED SESSION REPORT - There is no Closed Session scheduled for this meeting. Closed Session Report from April 4, 2011 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 following the April 4, 2011 Town Council meeting, Council had adjourned to Closed Session regarding the above matter and no action was taken. Pa g e 1 TOWN COUNCIL COUNCIL /TOWN MANAGER REPORTS Council Matters Mayor Joe Pirzynski - Commented that the Town was recognized with supporting the "Let's Move" program, America's generation of kids. Council Member Barbara Spector a Certificate of Commendation for move to raise a healthier - Thanked staff for the tour of the new Library project. - Suggested that staff inform the community about the amazing features related to the construction of the new Library. Manager Matters Mr. Larson - Commented about the conceptual layout for the Creekside Sports Park. - Suggested that if two or more Council Members would like to agendize a discussion about the conceptual design of the Creeekside Sports Park, staff could schedule the discussion for the May 16, 2011 agenda. - Commented that the Town is currently seeking student applications for the Youth Commission, Parks Commission, and Community Services Commission. - Commented that April 30, 2011, will be a significant day for the downtown with the kick -off for the first Churches Tour starting at 2:00 p.m. and the second annual Wine Walk launching the summer shopping season. Did You Know ?? Bring Your Own Mug Campaign Divina Videna, Intern - Commented about Keep Los Gatos Beautiful month. - Commented that the goal of the "Bring your own Mug Campaign" is to reduce the number of styrofoam and other disposable cups in Los Gatos. - Commented that more information can be found on the Town's website at www.LosGatosCa.gov/KeepLosGatosBeautiful. °a - e 2 CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION) 1. North 40 Specific Plan Monthly Update. Tiburon Upgrade Project (411- 841 -6302) a. Authorize the Town Manager to enter into a cost sharing agreement between the Town of Los Gatos and the City of Sunnyvale for Tiburon Incorporated's computer aided dispatch and records management IQ response suite of products in an amount not to exceed $70,000.00. b. Authorize fund transfer in the amount of $70,000 from the Management Information System (MIS) fund reserves to 411 -841 -6302 for equipment replacement. c. Authorize revenue and expenditure budget adjustment establishing the Tiburon Upgrade Project (411- 841 -6302) in the amount of $70,000.00. 3. Adopt revised resolutions correcting the resolutions making determinations and approving the reorganization of following territories designated as: a. Hilow Road No.4 (File #AN10 -001- approximately 1.12 acres located at 16397 Hilow Road (APN 532 -04 -062) RESOLUTION 2011 -020 b. Peacock Lane No. 2 (File #AN10 -002) - approximately 2.8 acres located at 16417 Peacock Lane and 16200 Shannon Road (APNs 532 -02 -028 and 075) RESOLUTION 2011 -021 4. Landscaping and Lighting Assessment Districts No. 1 & 2 Adopt resolution describing improvements and directing preparation of Town Engineer's report for Fiscal Year 2011112. RESOLUTION 2011 -022 5. PPW Job No. 10 -15 - Los Gatos Creekside Sports Park 411 -831 -4402 Authorize the Town Manager to execute an amendment to the agreement for consultant services with Callander Associates Inc. to provide additional design services for the construction of Los Gatos Creekside Sports Park in the amount not to exceed $156,700.00. TOWN COUNCIL /REDEVELOPMENT AGENCY 6. Approve Council /Agency minutes of: a. March 30, 2011 Special Joint Study Session. b. April 4, 2011 Regular Meeting. Page 3 Consent Items — Continued Vice Mayor Steve Rice pulled Consent Item #5. Mayor Joe Pirzynski stated that the pulled consent Item would be heard following Verbal Communications. MOTION: Motion by Council Member Diane McNutt to approve Consent Items #1 -4 and #6. Seconded by Council Member Steven Leonardis. VOTE: Motion passed unanimously. VERBAL COMMUNICATIONS (Up to three minutes may be allotted to each speaker.to address matters that are not on tonight's agenda.) - Open /Closed Verbal Communications. TOWN COUNCIL Pulled Consent Item 5. PPW Job No. 10 -15 - Los Gatos Creekside Sports Park 411 - 831 -4402 Authorize the Town Manager to execute an amendment to the agreement for consultant services with Callander Associates Inc. to provide additional design services for the construction of Los Gatos Creekside Sports Park in the amount not to exceed $156,700.00. Staff report made by Christy Wolter, Parks and Facilities Superintendent. Council Comments - Questioned if there would be an opportunity to change the fields from one large field to two fields and if that would affect the Environmental Impact Report. - Expressed concerns about moving forward with the next steps without reviewing the proposed conceptual design. - Requested that staff agendize review of the conceptual design for the Town Council meeting of May 16, 2011. - Consensus was given to agendize the discussion. Ms. Wolter - Clarified that the plan for the Environmental Impact Report (EIR) would be to study the general layout of the facility. - Commented that the things that would impact the EIR would be the number of traffic trips, the number of people at the facility, and the location of the bridge. - Commented that the EIR should not be impacted if the Town adheres to a similar plan as far as use and traffic patterns. ?age 4 Pulled Consent Item #5 — Continued MOTION: Motion by Council Member Diane McNutt to approve Consent Item #5. Seconded by Council Member Steven Leonardis. VOTE: Motion passed unanimously. PUBLIC HEARINGS 7. Adopt resolution continuing certain department fees, rates and charges, and amending certain fees, rates and charges for Fiscal Year 2011/2012. RESOLUTION 2011 -023 Staff report made by Jenny Haruyama, Assistant Finance Budget Director. Council Comments - Questioned why there were no Consumer Price Index (CPI) fee increases for Library and Parks and Public Works. - Questioned the increase to the research of records fee. - Suggested additional language to clarify the research of records fee. - Questioned at what point the customer would be informed that they would be charged the research of record fee. - Questioned the cost relating to the address confirmation /verification fee. Ms. Haruyama - Clarified that the Library and Parks and Public works felt that fee increases were not warranted due to increases that were made in the past year. - Commented that unless updated by the Town Council, the Fee Schedule is adjusted annually by the average Consumer Price Index for the calendar year and/or by the percentage increase in actual operating costs for the current year. Mr. Conway - Clarified that in the past, there was a resolution that included the automatic Consumer Price. Index (CPI) increase for development services. Ms. Rooney - Clarified that the research of records fee is geared towards research that would require 30 minutes or more of staff time. - Clarified that customers would be informed of the fee charge prior to any research. - Clarified that the address confirmation /verification fee is be based on the organization's policy of cost recovery. P a g e s Public Hearing Item #7 — Continued Mr. Larson - Clarified that the language could include wording that would clarify that the research of records fee would be charged for staff research time taking 30 minutes or more. - Additional Language for the Record: "Research of records charge for staff research taking 30 minutes or more" shall be added to Item F, Page 3 of the Fee Schedule. - Clarified that with Council action the address confirmation /verification fee would be a separate fee. Open /Closed Public Hearings MOTION: Motion by Council Member Barbara Spector to adopt resolution continuing certain department fees, rates and charges, and amending certain fees, rates and charges for Fiscal Year 2011/2012. Seconded by Vice Mayor Steve Rice. VOTE: Motion passed unanimously. OTHER BUSINESS 8. Council Review of Downtown Conditional Use Permits and Use Conversions. Staff report made by Greg Larson, Town Manager. Council Comments - Encouraged Planning Commissioners to continue to make decisions within the framework of Town ordinances and policies. Open /Closed Public Comments Page 6 Other Business Item #8 — Continued MOTION: Motion by Vice Mayor Steve Rice to direct staff to: 1. Prepare an ordinance amendment implementing Council review and final action on any conditional use permits in the Central Business District (C -2 zoning); 2. Until Council reviews and takes action on the above ordinance amendment, appeal, without fee, the approval of any conditional use permits in the Central Business District (C -2 zoning) related to the conversion of any retail space to non - retail use for the conversion of non- formula retail to formula retail; and 3. Report annually on the current distribution of Downtown private property uses such as retail, restaurant, personal services businesses, and the types of retail (ie, formula vs. non - formula). Seconded by Council Member Diane McNutt. VOTE: Motion passed unanimously. ADJOURNMENT Attest: Jackie D. Rose, Clerk Administrator t l a b c Tins PAGE INTENTIONALLY LEFT BLANK