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M 06-17-02TOWN OF LOS GATOS CALIFORNIA TOWN COUNCIL/PARKING AUTHORITY JOINT REDEVELOPMENT AGENCY June 17, 2002/Minutes TOWN COUNCIL The Town Council/Parking Authority/Redevelopment Agency of the Town of Los Gatos met in the Council Chambers of the Town Hall, 110 East Main Street, at 6:40 p.m., Monday, June 17, 2002, in joint special session. ROLL CALL Present:Steven Blanton, Sandy Decker, Steve Glickman, Joe Pirzynski, and Mayor/Chairman Randy Attaway. Absent:None. PLEDGE OF ALLEGIANCE Given by all in attendance. CLOSED SESSION (XX.28) Town Attorney, Orry Korb, reported that Council had met in Closed Session prior to this evening’s meeting pursuant to Government Code Section 54957.6 to discuss Labor Negotiations. Lead Town Negotiator: Gary Rogers, Human Resources Director. Employee Organization: TEA Negotiations. Council gave direction. There was no reportable action taken. Pursuant to Government Code Section 54957.6 to discuss Labor Negotiations. Lead Town Negotiator: Gary Rogers, Human Resources Director. Employee Organization: Management Staff (Management Compensation Plan). Council gave direction. There was no reportable action taken. Pursuant to Government Code Section 54957.6 to discuss Labor Negotiations. Lead Town Negotiator: Gary Rogers, Human Resources Director. Employee Organization: Confidential Unit Compensation. Council gave direction. There was no reportable action taken. Pursuant to Government Code Section 54956.9(a) concerning Pending Litigation regarding Cynthia Coahran vs. Town of Los Gatos. Council gave direction. There was no other reportable action taken. Pursuant to Government Code Section concerning Anticipated Litigation Council conferenced with legal counsel on a specific incident and then approved the following settlement. The disclosure in closed session refers to a potential conflict with Granite Construction Company concerning the overlay project on Los Gatos Blvd. Council approved settlement which would be final with this disclosure. The terms of settlement are as follows: Granite Construction will wedge grind along concrete gutters on both sides of the road and along median islands; Remove all thermo plastic striping and temporary pavement reflectors; Grind 1.5 inches of failed rubberized asphalt concrete (RAC) pavement sections at locations marked in the field; Plug with 1.5 inches of RAC prior to final overlay; Place .1 feet of RAC mix on the entire roadway within N:\CLK\Council Minutes\2002\M06-17-02.wpd the project limits with specifications N:\CLK\Council Minutes\2002\M06-17-02.wpd Town Council Minutes June 17, 2002 Redevelopment Agency Los Gatos, California CLOSED SESSION CONT. completely adhered to; Place appropriate tech coat oil prior to the new overlay paving; Perform a profileograph testing of the paving surface; Adjust testing of the paving surface; Adjust all utility facilities to grade; Furnish barricades, cones, signs and flag men as necessary for traffic control during the paving operations; Provide the Town with a four year materials and workmanship guarantee for the overlay work on Los Gatos Boulevard; The terms of the warrantee will be finalized prior to the start of the warrantee period in exchange for which the Town will close the intersections of Los Gatos-Almaden Road and Gateway Drive with Los Gatos Boulevard during the paving work; Provide police officers at these two intersections to assist in traffic control operations; Prepare and install large signs at adjacent streets and intersections with Los Gatos Boulevard to inform the public of the upcoming street work on Los Gatos Boulevard. Notify businesses along Los Gatos Boulevard of the upcoming paving work; Revise the striping and pavement marking plans and pay for this work from existing contract unit prices for striping and pavement marking; Pay Granite Construction Company $100,000 as a Town’s contribution for the added .1 foot overlay and the four year extended warrantee. This finalizes the terms of the settlement. BOARD AND COMMISSION APPOINTMENTS (00.12) Ray Davis, resident, spoke to the appointment to the General Plan Committee. He emphasized that two positions on the General Plan Committee were to be filled by the public, and that the position that was to be filled tonight was one to be filled by the public to represent the public interest. ARTS COMMISSION/APPOINTMENTS/GROVES/HOPE/TJADER (00.12) Mayor Attaway announced that three applications had been received from Elke Groves, Teri Hope and Marcia Tjader for the three openings on the Arts Commission. Voting was held and Ms Groves, Ms Hope were reappointed and Ms Tjader was newly appointed to terms expiring July 1, 2005. ARTS SELECTION PANEL/APPOINTMENT/CUNNINGHAM (00.12) Mayor Attaway announced that one applications had been received from Sharon Cunningham for the two vacancies on the Arts Selection Panel. Voting was held and Ms Cunningham was reappointed to a term expiring July 1, 2004. ARCHITECTURAL STANDARDS COMMITTEE/APPOINTMENT/DALLAS (00.12) Mayor Attaway announced that two applications had been received from Peggy Dallas and Marily Rimmer for the one vacancy on the Architectural Standards Committee. Voting was held and Ms Dallas was reappointed to a term expiring June 1, 2005. BOARD OF APPEALS/APPOINTMENTS (00.12) Mayor Attaway announced that no applications had been received for the three vacancies on the Board of Appeals. These vacancies will be readvertised. N:\CLK\Council Minutes\2002\M06-17-02.wpd 3 Town Council Minutes June 17, 2002 Redevelopment Agency Los Gatos, California GENERAL PLAN COMMITTEE/APPOINTMENT/BACIGALUPI (00.12) Mayor Attaway announced that three applications had been received from Rosalind Achkar, James Bacigalupi, and Steve Nelson for one opening on the General Plan Committee. Voting was held and Mr. Bacigalupi was appointed to a term expiring January 1, 2003. HISTORIC PRESERVATION COMMITTEE/APPOINTMENT/BLOUGH (00.12) Mayor Attaway announced that one application from Kelly Blough had been received for the one vacancy on the Historic Preservation Committee. Voting was held and Ms Blough was reappointed to a term expiring August 1, 2006. LIBRARY BOARD/APPOINTMENTS/BAUM/KING (00.12) Mayor Attaway announced that two applications from Rita Baum and Mary King had been received for the two vacancies on the Library Board. Voting was held and Ms Baum and Ms King were re-appointed to terms expiring July 1, 2005. PERSONNEL BOARD/APPOINTMENT (00.12) Mayor Attaway announced that one application had been received for the two vacancies on the Personnel Board from Erin Green. Ms Green was appointed to another committee. These vacancies will be re-advertised. RENT ADVISORY COMMITTEE/APPOINTMENTS/ERRICO/GREEN (00.12) Mayor Attaway announced that two applications from William Errico and Erin Green had been received for the two vacancies on the Rent Advisory Committee. Voting was held and Mr. Errico was reappointed to term ending March 1, 2005 and Ms Green was appointed to term ending March 1, 2004. RECOGNITION OF POLICE CHIEF LARRY TODD’S RETIREMENT (XX.28) Mayor Attaway announced that Chief Larry Todd was about to retire from the Town after serving as Chief for over fifteen years. SCHEDULE OF PUBLIC HEARINGS (01.28) Motion by Mr. Glickman, seconded by Mr. Blanton, to accept and file informational report regarding currently scheduled public hearings. Carried unanimously. PLANNING COMMISSION/PLANNING DEPARTMENT MONTHLY STATUS REPORT (02.38) Motion by Mr. Glickman, seconded by Mr. Blanton, to accept and file informational report regarding activity of Planning Commission and Department. Carried unanimously. RATIFICATION OF PAYROLL/MAY 2002 (03.V) Motion by Mr. Glickman, seconded by Mr. Blanton, that Council ratify the check registers for the payroll of May 12, 2002 through May 25, 2002, paid on May 31, 2002 in the amount of $545,401.79. Carried unanimously. N:\CLK\Council Minutes\2002\M06-17-02.wpd 4 Town Council Minutes June 17, 2002 Redevelopment Agency Los Gatos, California ACCOUNTS PAYABLE/RATIFICATION/MAY-JUNE 2002 (04.V) Motion by Mr. Glickman, seconded by Mr. Blanton, that Council ratify the accompanying check registers for accounts payable invoices paid on May 31, 2002 and June 7, 2002 in the amount of $706,486.68. Carried unanimously. N:\CLK\Council Minutes\2002\M06-17-02.wpd 5 Town Council Minutes June 17, 2002 Redevelopment Agency Los Gatos, California MINUTES OF APRIL 27, 2002 (05A.V) Motion by Mr. Glickman, seconded by Mr. Blanton, that the Agency approve the Minutes of April 27, 2002 Council/Redevelopment Agency Boards and Commissions Study Session Meeting as submitted. Carried unanimously. MINUTES OF JUNE 3, 2002 (05C.V) Motion by Mr. Glickman, seconded by Mr. Blanton, that the Agency approve the Minutes of June 3, 2002, Joint Council/Redevelopment Agency Meeting as submitted. Carried unanimously. LIBRARY FEES FOR FY 2002-2003 (06.09) Motion by Mr. Glickman, seconded by Mr. Blanton, to approve Fiscal Year 2002-2003 Town Library fees attached to staff report as Exhibit A. Carried unanimously. LIBRARY TRUST FUND/$26,605 DONATION/FRIENDS OF THE LIBRARY CHECKPOINT RADIO FREQUENCY SELF-CHECK SYSTEM/PURCHASE (07.32) Motion by Mr. Glickman, seconded by Mr. Blanton, that Council accept donation of $26,605 to the Library Trust Fund from the Friends of the Los Gatos Librar for the purchase of Checkpoint Radio Frequency Self-Check system and authorize budget adjustment in the amount of $26,605 to FY 2001/2002 budget - Program 7710 - Library Trust Fund. Carried unanimously. MOBILE COMMAND POST/WILDWOOD TRAILER/RESOLUTION 2002-87 LOS GATOS POLICE FOUNDATION/DONATION ACCEPTANCE (08.36) Motion by Mr. Glickman, seconded by Mr. Blanton, that Council adopt Resolution 2002-87 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO ACCEPT A DONATION FROM THE LOS GATOS POLICE FOUNDATION OF A 24 FOOT 2000 WILDWOOD TRAILER MODEL T21SP FOR USE AS A MOBILE COMMAND POST FOR THE POLICE DEPARTMENT. Carried unanimously. HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974/RESOLUTION 2002-88 (10.39) SANTA CLARA COUNTY/JOINT POWERS AGREEMENT/ESSENTIAL ACTIVITIES Motion by Mr. Glickman, seconded by Mr. Blanton, that Council adopt Resolution 2002-88 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO EXECUTE AN AGREEMENT WITH THE COUNTY OF SAN TA CLARA, “JOINT EXERCISE OF POWERS AGREEMENT TO UNDERTAKE OR TO ASSIST IN THE UNDERTAKING OF ESSENTIAL ACTIVITIES PURSUANT TO TITLE I OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974, AS AMENDED FOR THE PERIOD OF OCTOBER 1, 2002 TO SEPTEMBER 30, 2005.” Carried unanimously. MUNICIPAL ELECTION/NOVEMBER 5, 2002/RESOLUTION 2002-89 (11.03) Motion by Mr. Glickman, seconded by Mr. Blanton, that Council adopt Resolution 2002-89 entitled, RESOLUTION OF THE TOWN OF LOS GATOS ORDERING AND N:\CLK\Council Minutes\2002\M06-17-02.wpd 6 Town Council Minutes June 17, 2002 Redevelopment Agency Los Gatos, California CALLING A GENERAL MUNICIPAL ELECTION TO BE HELD IN THE TOWN OF LOS GATOS ON NOVEMBER 5, 2002; REQUESTING SANTA CLARA COUNTY BOARD OF SUPERVISORS AUTHORIZE REGISTRAR OF VOTERS TO P ROV IDE ELECTION SERVICES; REQUESTING CONSOLIDATION OF GENERAL STATE ELECTION WITH LOS GATOS MUNICIPAL ELECTION AND SPECIFYING CERTAIN PROCEDURES FOR THE CONSOLIDATED ELECTION; DETERMINING TO LEVY THE COST OF CANDIDATES’ STATEMENTS; REQUIRING PAYMENT OF CANDIDATES’ FILING FEES; AND PROVIDING FOR GIVING NOTICE OF ELECTION FOR THE PURPOSE OF ELECTING THREE COUNCIL MEMBERS. Carried unanimously. ARTS COMMISSION MASTER PLAN/RESOLUTION 2002-90 (12.12) Motion by Mr. Glickman, seconded by Mr. Blanton, that Council adopt Resolution 2002-90 entitled, RESOLUTION OF THE TOWN OF LOS GATOS ADOPTING THE ARTS COMMISSION MASTER PLAN. Carried unanimously. CURB/SIDEWALK REPLACEMENT/PROJECT 0218/RESOLUTION 2002-91 & 2002-18RD (14.25) Motion by Mr. Glickman, seconded by Mr. Blanton, that Council/Redevelopment Agency adopt Resolutions 2002-91 & 2002-18RD entitled, RESOLUTION OF THE TOWN COUNCIL AND REDEVELOPMENT AGENCY OF THE TOWN OF LOS GATOS APPROVING THE PLANS AND SPECIFICATIONS FOR THE PROJECT 0218 - FY2002-03 - CURB, GUTTER AND SIDEWALK REPLACEMENT PROGRAM AND AUTHORIZING STAFF TO ADVERTISE THE PROJECT FOR BIDS. Carried unanimously. SHANNON ROAD 22/ANNEXATION/SHANNON RD 16470/RESOLUTION 2002-92 (15.14) Motion by Mr. Glickman, seconded by Mr. Blanton, that Council adopt Resolution 2002-92 entitled, RESOLUTION OF THE TOWN OF LOS GATOS ORDERING THE REORGANIZATION OF CERTAIN UN INH ABITED TERRITORY DESIGNATED AS SHANNON ROAD #22 (APN: 532-04-031) TO THE TOWN OF LOS GATOS. Carried unanimously. STREET REPAIR/RESURFACING/PROJECT 0106/RESOLUTION 2002-93 (16.25) Motion by Mr. Glickman, seconded by Mr. Blanton, that Council adopt Resolution 2002-93 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO EXECUTE AN AMENDMENT TO THE AGREEMENT WITH HARRIS AND ASSOCIATES FOR CONSTRUCTION MANAGEMENT CONSULTANT SERVICES IN CONJUNCTION WITH PROJECT 0106 - STREET REPAIR AND RESURFACING. Carried unanimously. N:\CLK\Council Minutes\2002\M06-17-02.wpd 7 Town Council Minutes June 17, 2002 Redevelopment Agency Los Gatos, California NUISANCE ABATEMENT/TOWN CODE AMENDMENT/ORDINANCE 2098 (17.38) Motion by Mr. Glickman, seconded by Mr. Blanton, the Council introduce Ordinance 2098 entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING SECTION 1.10.100 OF THE LOS GATOS TOWN CODE ADDING AN ADMINISTRATIVE PROCEDURE FOR SUMMARY ABATEMENT OF NUISANCES AND ASSESSMENT OF THE COSTS OF ABATEMENT. Carried by a vote of 4 ayes. Mr. Blanton abstained due to a possible conflict of interest. PARKING LOT/MONTEBELLO WAY/VERIZON CALIFORNIA/RESOLUTION 2002-94 (19.34) Motion by Mr. Glickman, seconded by Mr. Blanton, that Council adopt Resolution 2002-94 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO EXECUTE A LE ASE AGREEMENT WITH VERIZON CALIFORNIA, INC. FOR THE USE OF THE PARKING LOT LOCATED AT 15 MONTEBELLO WAY. Carried unanimously. VERIZON AND BUS DEPOT PARKING LOT RECONSTRUCTIONS/PROJECT 0336 (20.25) ENGINEERING DESIGN CONTRACT/RESOLUTION 2002-95 & RESOLUTION 2002-16RD Motion by Mr. Glickman, seconded by Mr. Blanton, that Council/Redevelopment Agency adopt Resolution 2002-95 and Resolution 2002-16RD entitled, RESOLUTION OF THE TOWN COUNCIL & REDEVELOPMENT AGENCY OF THE TOWN OF LOS GATOS APPROVING AN AGREEMENT FOR PROFESSIONAL SERVICES WITH FREYER & LAURETA, INC. IN CONNECTION WITH THE DESIGN OF THE VERIZON AND BUS DEPOT PARKING LOT RECONSTRUCTION PROJECT 0336. Carried unanimously. VERBAL COMMUNICATIONS (XX.28) Wedgewood and Pollard Intersection: Don Cordero, spoke of safety concerns at the intersection of Wedgewood and Pollard Road. He noted that final building permits should not be issued until some grading at the corner had taken place. He asked that the grading be done immediately and not wait for permit issuance. He believes that development at Calle Marguerita was not supported by positive findings by Council. Public Interest: Ray Davis, resident, spoke of the police being called at the prior meeting due to inappropriate statements being made by a public speaker. He asked that all parties speaking be treated equally. HEARINGS LESTER LANE/PG&E TOWER/WIRELESS TELECOMMUNICATIONS/APPEAL (23.15) Mayor Attaway stated that this was the time and place duly noted for public hearing to consider a decision of the Planning Commission denying installation of a wireless telecom facility on an existing PG&E tower on property zoned R-1:8. Conditional Use Permit U-01-17. Property N:\CLK\Council Minutes\2002\M06-17-02.wpd 8 Town Council Minutes June 17, 2002 Redevelopment Agency Los Gatos, California Location: Lester Lane. Property Owner: PG&E. Applicant/Appellant: MetroPCS. The following people from the audience spoke to this issue: Carrie Horton presented the case for MetroPCS’ telecommunication tower and answered questions of Council. John Shwartz designer of the network spoke of the technical issues and the company’s flat rate policy. Steve Nelsen read a letter from Egon Jensen into the record asking for the appeal to be denied and asking Mr. Glickman to abstain from voting due to a possible conflict of interest. Mr. Nelsen also spoke of the neighborhood that stood behind him against the telecommunications proposal. Lucille Weidman asked that the residential neighborhood remain residential and the tower be placed in another location. Sam Weidman noted that objects tend to fall from these tall towers and he asked what facilities would be provided to handle falling objects. N:\CLK\Council Minutes\2002\M06-17-02.wpd 9 Town Council Minutes June 17, 2002 Redevelopment Agency Los Gatos, California Richard Zai asked that the application be denied. Casey Larson spoke of protecting the children and families that use and live adjacent to the park. Anne Marie Sorcenelli does not want the neighborhood disrupted and does not want to see the towers begin to create a porcupine effect. HEARINGS CONTINUED LESTER LANE/PG&E TOWER/WIRELESS TELECOMMUNICATIONS/CONT. Speakers continued: Beverly Mannon enjoys her home and park and spoke of 65 decibel noise level. She would like an ordinance in place before these facilities are allowed. Larry Paulding spoke of having good rates without having to have more facilities in the neighborhood. Bonnie Moore spoke of safety issue and need of better service for life threatening issues. Victor Huson asked if the business would last and who would take care of the equipment if the business was not successful in today’s market. Ray Davis spoke of ordinance segregating commercial areas and keeping towers out of neighborhoods. Asked that Mr. Glickman recuse himself from voting. Carla Dougher supports the neighborhood issues and appreciates Council’s efforts so far. She suggested both parties work on the issues and find conclusions. Jim Doss suggested that the generator be buried underground. What are the alternative sites for telecommunications lines. Spoke of this neighborhood’s closeness in being residential with residential needs. No one else from the audience addressed this issue Motion by Mrs. Decker, seconded by Mr. Glickman, to close the public hearing. Carried unanimously. Motion by Mr. Glickman, seconded by Mr. Blanton, to defer action on this issue until staff and independent experts can supply information as to whether this location is necessary to provide a specific and increased service to the Town with little impact to the neighborhood, and asked for staff to review this location for the feasibility of using this site for augmented service. Mr. Blanton noted that another site could be located nearby with study and thought. Mrs. Decker asked to put a moratorium in place until a consultant can review all the issues and safety factors. Mr. Attaway suggested compiling a comprehensive plan for the whole town. The maker of the motion and the seconder reworded their motion as follow: To continue this item to the next meeting, July 1, 2002, and prior to hearing this item staff will agendize the consideration of a moratorium and management of this issue Town wide. Staff to prepare an interim ordinance regarding wireless facility locations that would prohibit the approval of any such applications in order to study the development of guidelines that would be used to address those type of applications. If Council adopts an urgency ordinance that places a moratorium then this application will be tabled until such time as a permanent ordinance has been established. The General Plan Committee to be the originating body for the ordinance. Carried unanimously. RECESS FOR FIVE MINUTES N:\CLK\Council Minutes\2002\M06-17-02.wpd 10 Town Council Minutes June 17, 2002 Redevelopment Agency Los Gatos, California Mayor Attaway called a recess for five minutes and called the meeting back to order at 9:20 p.m. HEARINGS CONTINUED CRIDER COURT 104/RESIDENTIAL CABANA/TENNIS COURT FENCE/APPEAL (24.15) Mayor Attaway stated that this was the time and place duly noted for the public hearing to consider an appeal of the decision of the Planning Commission approving a request to modify previously approved plans to construct an accessory structure and to legalize a tennis court fence on property zoned HR-1. Architecture and Site Application S-02-8. Property Location: 104 Crider Court. Property Owner: Pffiefer Ranch Investors I, Inc. Applicant/Appellant: Pinn Brothers Construction Inc. The following people from the audience spoke to this issue: Chuck Bommarito, speaking for Pinn Brothers Construction, spoke of the reduction in size of the Cabana. He noted the full history of the plans and work done on the property, and spoke of structures existing on the property at time of construction work. He showed that the new structures added to less intensity on the property and that the proposal is consistent with the neighborhood. Eric Naroian, new owner, asked for approval of the cabana and project. Todd Del Vecchio, neighbor of the project, supported the proposal. Stephen Thesing, neighbor of the project, supported the proposal and how it mixes with the neighborhood. He is pleased with the development of this lot. Ray Davis, resident, believes that the Cabana will be turned into a second home. Mr. Bommarito, reiterated his earlier comments. No one else from the audience spoke to this issue. Motion by Mrs. Decker, seconded by Mr. Glickman, to close the public hearing. Carried unanimously. Motion by Mr. Pirzynski, seconded by Mrs. Decker, to deny the appeal and uphold the Planning Commission’s decision, with belief that the Cabana should be no more than 500 square feet. Carried unanimously. KENNEDY MEADOWS BENEFIT ZONE/L&L DISTRICT #1/RESOLUTION 2002-96 (25.26) Mayor Attaway stated that this was the time and place duly noted for public hearing to consider adopting resolution confirming the diagram and assessments, and levying and authorizing collection of assessments for Landscape and Lighting District #1 - Kennedy Meadows Benefit Zone. There were no speakers from the audience to address this issue. Motion by Mr. Pirzynski, seconded by Mrs. Decker, to close the public hearing. Carried unanimously. N:\CLK\Council Minutes\2002\M06-17-02.wpd 11 Town Council Minutes June 17, 2002 Redevelopment Agency Los Gatos, California Motion by Mr. Blanton, seconded by Mr. Pirzynski, that Council adopt Resolution 2002-96 entitled, RESOLUTION OF THE TOWN OF LOS GATOS OF ITS INTENTION TO LEVY AND COLLECT ASSESSMENTS FOR FISCAL YEAR 2002-2003 IN LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT #1 - KENNEDY MEADOWS BENEFIT ZONE - AND CONFIRMING DIAGRAM AND ASSESSMENTS. Carried unanimously. HEARINGS CONTINUED ABATEMENT HAZARDOUS VEGETATION (BRUSH)/RESOLUTION 2002-97 (26.33) Mayor Attaway stated that this was the time and place duly noted for public hearing to consider adopting resolution overruling objections and ordering hazardous vegetation (brush) abatement. There was no one from the audience to speak to this issue. Motion by Mr. Pirzynski, seconded by Mr. Blanton, that Council close the public hearing. Carried unanimously. Motion by Mr. Pirzynski, seconded by Mr. Blanton, that Council adopt Resolution 2002-97 entitled, RESOLUTION OF THE TOWN OF LOS GATOS OVERRULING OBJECTIONS AND ORDERING ABATREMENT OF HAZARDOUS VEGETATION (BRUSH) AS A PUBLIC NUISANCE. Carried unanimously. CABLE FRANCHISE/AT&T BROADBAND/TRANSFER APPLICATION (27.35) Mayor Attaway stated that this was the time and place duly noted for public hearing to consider application of transfer of AT&T Broadband Cable Franchise. The following person from the audience addressed this issue: Ray Davis asked that Mr. Glickman recuse himself from voting due to a possible conflict of interest. Motion by Mr. Blanton, seconded by Mr. Glickman, that Council close the public hearing. Carried unanimously. Motion by Mr. Blanton, seconded by Mr. Glickman, to continue the public hearing to July 1, 2002. Carried unanimously. SPORT COURT FENCING/TOWN CODE AMENDMENT/ORDINANCE INTRO (28.37) Mayor Attaway stated that this was the time and place duly noted for public hearing to consider amending Town Code Sections 29.40.025 and Section 29.20.480 (2) of the Town Code to regulate sport court fencing. It has been determined that this project could not have a significant impact on the environment, therefore, the project is not subject to the California Environmental Quality Act (Section 15061 (b)(3)). Application: A-02-2. Applicant: Town of Los Gatos There was no one from the audience to speak to this issue. Motion by Mr. Pirzynski, seconded by Mrs. Decker, that council close the public hearing. Carried unanimously. N:\CLK\Council Minutes\2002\M06-17-02.wpd 12 Town Council Minutes June 17, 2002 Redevelopment Agency Los Gatos, California Motion by Mrs. Decker, seconded by Mr. Pirzynski, to accept the Planning Commission’s recommendation and make a motion to approve the Zoning Code Amendment. Carried unanimously. Mrs. Decker made the required finding that the proposed Zoning Code Amendments are internally consistent with the General Plan and its Elements. Carried unanimously. HEARINGS CONTINUED SPORT COURT FENCING/TOWN CODE AMENDMENT/CONT. The Town Clerk read the Title of the Proposed Ordinance. Motion by Mr. Pirzynski, seconded by Mr. Glickman, to waive the reading of the Proposed Ordinance. Carried unanimously. Motion by Mr. Pirzynski, seconded by Mr. Glickman, that Council introduce Proposed Ordinance entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONING ORDINANCE OF THE TOWN CODE REGARDING SECTION 29.40.025 AND 29.20.480. Carried unanimously. TABLE OF CONDITIONAL USES/TOWN CODE SECTION 29/ORDINANCE INTRO (29.38) Mayor Attaway stated that this was the time and place duly noted for public hearing to consider amending the Town Code for the Table of Conditional Uses, Town Code Section 29.20.185, Findings and Decisions, Town Code Section 29.20.190, and Definitions, Town Code Section 29.10.020. It has been determined that this project could not have a significant impact on the environment, therefore, the project is not subject to the California Environmental Quality Act (Section 15061 (b)(3)). Application: A-02-1. Applicant: Town of Los Gatos There was no one from the audience to speak to this issue. Motion by Mr. Pirzynski, seconded by Mr. Glickman, that Council continue this item to September 16, 2002 per staff’s recommendation. Carried unanimously. SWIMMING POOL/LOS GATOS HIGH SCHOOL/$300,000 GRANT (30.09) REDEVELOPMENT AGENCY FUNDING/ADOPTION OF RESOLUTION Mayor Attaway announced that this was the time and place so noted for public hearing to consider adopting a resolution approving a grant in the amount of $300,000 to Los Gatos- Saratoga Joint Union High School District Redevelopment Agency funds in order to provide partial funding for a new swimming pool at Los Gatos High School with a Public Facilities Agreement that allows for community use of the new pool. The following people from the audience addressed this item: Ed LaVeque, spoke in support of the High School Pool noting that the facility was a Community Aquatic Center for use by the whole Town. The Valley Foundation has also raised funds for this project. He spoke of the strong community support and insisted that this concept be addressed by everyone who has a part in gaining support for the proposal. Ray Davis spoke in support of the Town’s grant to the Community Pool Proposal. Mr. Neilsen, Trustee of the High School District, thanked Council for the grant for the pool. No one else from the audience addressed this issue. N:\CLK\Council Minutes\2002\M06-17-02.wpd 13 Town Council Minutes June 17, 2002 Redevelopment Agency Los Gatos, California Motion by Mr. Blanton, seconded by Mr. Glickman, to close public hearing. Carried unanimously. Motion by Mr. Blanton, seconded by Mr. Pirzynski, that Council continue this item to September 3, 2002. Carried unanimously. LOS GATOS-SARATOGA HIGH SCHOOL DISTRICT/LOS GATOS HIGH SCHOOL PROJECTS DEFERRED FISCAL AGREEMENT/RESOLUTION 2002-98 & RESOLUTION 2002-17RD (31.09) Mayor Attaway announced that this was the time and place so noted for public hearing to consider adopting a resolution approving Los Gatos-Saratoga High School District projects for Los Gatos High School and authorizing deferred fiscal agreement payments to the district. No one from the audience addressed this issue. Motion by Mr. Pirzynski, seconded by Mrs. Decker, that Council close the public hearing. Carried unanimously. Motion by Mr. Pirzynski, seconded by Mr. Glickman, that Council adopt Resolutions 2002- 98 and 2002-17RD entitled, RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE TOWN OF LOS GATOS CONSENTING TO THE PROVISION OF PUBLIC IMPROVEMENTS PAID PARTIALLY BY THE LOS GATOS REDEVELOPMENT AGENCY, MAKING MANDATORY FINDINGS AND AUTHORIZING DEFERRED FISCAL AGREEMENT PAYMENTS TO THE LOS GATOS-SARATOGA HIGH SCHOOL DISTRICT. Carried unanimously. MINUTES OF APRIL 29, 2002 (05B.V) Ray Davis spoke about distributing these minutes to the neighborhood. Motion by Mr. Glickman, seconded by Mr. Blanton, that the Council/Agency approve the Minutes of April 29, 2002 Council/Redevelopment Agency Auto Dealerships and Los Gatos Lodge Study Session Meeting as submitted. Carried unanimously. CLERK ADMINISTRATOR/EMPLOYMENT AGREEMENT/RESOLUTION 2002-99 (09A.29) ELECTED TOWN CLERK/COMPENSATION & BENEFITS/RESOLUTION 2002-100 (09B.29) Motion by Mr. Pirzynski, seconded by Mr. Glickman, that Council adopt Resolution 2002-99 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AMENDING EMPLOYMENT AGREEMENT BETWEEN THE TOWN OF LOS GATOS AND CLERK ADMINISTRATOR. Carried unanimously. Motion by Mr. Pirzynski, seconded by Mr. Glickman, that Council adopt Resolution N:\CLK\Council Minutes\2002\M06-17-02.wpd 14 Town Council Minutes June 17, 2002 Redevelopment Agency Los Gatos, California 2002-100 entitled, RESOLUTION OF THE TOWN OF LOS GATOS ESTABLISHING THE COMPENSATION AND BENEFITS OF THE ELECTED TOWN CLERK. Carried unanimously. WINCHESTER/DAVES/INTERSECTION IMPROVEMENTS/PROJECT 0227 (13.25) N:\CLK\Council Minutes\2002\M06-17-02.wpd 15 Town Council Minutes June 17, 2002 Redevelopment Agency Los Gatos, California Ray Davis, resident, spoke about child safety at the intersection and the need for a count down clock at that location. He also mentioned that Mr. Pirzynski and Mr. Attaway were both members of the VTA Board of Directors which in his opinion was a conflict of interest when approving the Sobrato Project and its impacts on Winchester. Motion by Mr. Blanton, seconded by Mr. Glickman, that Council accept the design of the Winchester Avenue/Daves Avenue intersection improvements, and authorize purchase of long-lead items for Project 0227. Carried unanimously. CALLE MARGUERITA 300/PLANNED DEVELOPMENT/ORDINANCE 2099 (18.15) Ray Davis, resident, asked that a motion for reconsideration be considered. Motion by Mr. Glickman, seconded by Mr. Pirzynski, that Council introduce the Ordinance 2099 entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONING ORDINANCE EFFECTING A ZONE CHANGE FROM R-1:8 TO RM:5-12:PD AT 300 CALLE MARGUERITA (NE CORNER OF CALLE MARGUERITA & WEDGEWOOD AVENUE.) Carried by a vote of 4 ayes. Mrs. Decker voted no for reasons noted in prior record. STREETSCAPE IMPROVEMENTS/NORTH SANTA CRUZ AVE/PROJECT 0108 (32.25) Mayor Attaway announced that this was the time and place so noted for public hearing to consider accepting report regarding the evaluation of the Pilot Program for Project 0108 - North Santa Cruz Avenue Streetscape Improvements. Motion by Mr. Blanton, seconded by Mr. Glickman, that Council accept and file report regarding the evaluation of the Pilot Program for Project 0108 - North Santa Cruz Avenue Streetscape Improvements. Carried unanimously. COUNCIL MATTERS (33.28) Sandy Decker noted that the Santa Clara County Water District had held a public hearing regarding the maintenance schedule of Lexington Dam and Reservoir. She noted that 50 people had been in attendance. MANAGER MATTERS (34.28) There was no report this evening. ADJOURNMENT Mayor Attaway closed this evening’s meeting at 10:32 p.m. ATTEST: N:\CLK\Council Minutes\2002\M06-17-02.wpd 16 Town Council Minutes June 17, 2002 Redevelopment Agency Los Gatos, California Marian V. Cosgrove Town Clerk N:\CLK\Council Minutes\2002\M06-17-02.wpd 17