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M 05-05-03TOWN OF LOS GATOS CALIFORNIA TOWN COUNCIL/PARKING AUTHORITY JOINT REDEVELOPMENT AGENCY May 5, 2003/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 7:02 p.m., Monday, May 5, 2003, in joint regular session. ROLL CALL Present:Steve Glickman, Diane McNutt, Joe Pirzynski, Mike Wasserman and Mayor/Chairman Sandy Decker. 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 pursuant to Government Code Section 54957.6, Conference with Labor Negotiator Gary Rogers, Town Human Resources Director, regarding negotiations with the following employee groups: TEA; AFSCME; POA; Confidential; Management and Town Manager. There was no reportable action taken. Pursuant Code Section 54956.8 regarding Real Property Negotiation to discuss property in the Southeast portion of Vasona Park. Town of Los Gatos to discuss price and terms of payment. There was no reportable action taken. BUSINESS COMMENDATION/LOS GATOS ART DOCENTS (00.28) Mayor Decker presented Town Commendation to The Art Docents of Los Gatos and noted the 30 years that this organization has been in service to the Town and the youth of our community. Alice Lopes and Zoe Rae were present to receive the commendation on behalf of the Art Docents who volunteer their services to the students of the Los Gatos Union School District. BUSINESS COMMENDATION/LOS GATOS COFFEE ROASTING COMPANY (00.28) Mayor Decker presented Town Commendation to The Los Gatos Coffee Roasting Company and then spoke of the years that this business has served our community. Terri Hope, owner of the company, was present to receive the commendation. She spoke of the years she has been in business and how pleased she has been to offer the Town her efforts and noted her appreciation for the commendation and added her continued commitment to Los Gatos. N:\CLK\Council Minutes\2003\M 05-05-03.wpd Town Council Minutes May 5, 2003 Redevelopment Agency Los Gatos, California PROCLAMATION/LOS GATOS UNION SCHOOL DISTRICT (00.28) Council Member Glickman presented a Town Proclamation to the Los Gatos Union School District. He noted that Los Gatos has supported a school system since the 1860's and he brought that 140 years of history forward in the proclamation. Ms Mary Ann Park, District Superintendent, was present to thank the Town and accept the proclamation. SCHEDULE OF PUBLIC HEARINGS (01.28) Motion by Mr. Glickman, seconded by Mr. Pirzynski, that Council accept and file informational report regarding currently scheduled public hearings. Carried unanimously. COUNCIL CALENDAR OF MEETINGS (02.28) Motion by Mr. Glickman, seconded by Mr. Pirzynski, that Council accept the May 2003, and June 2003, Town’s Calendar of Meetings. Carried unanimously. RATIFICATION OF PAYROLL/MARCH-APRIL 2003 (03.V) Motion by Mr. Glickman, seconded by Mr. Pirzynski, that Council ratify the check register for the payroll of March 30, 2003 through April 12, 2003, paid on April 18, 2003, in the amount of $539,133.01. Carried unanimously. ACCOUNTS PAYABLE/RATIFICATION/APRIL 2003 (04.V) Motion by Mr. Glickman, seconded by Mr. Pirzynski, that Council ratify the accompanying check registers for accounts payable invoices paid on April 18, 2003, and April 25, 2003 in the amount of $589,260.79. Carried unanimously. NATIONAL PUBLIC WORKS WEEK/MAY 18-24, 2003/RESOLUTION 2003-53 (07.27) Motion by Mr. Glickman, seconded by Mr. Pirzynski, that Council adopt Resolution 2003-53 entitled, RESOLUTION OF THE TOWN OF LOS GATOS PROCLAIMING THE WEEK OF MAY 18-24, 2003 AS NATIONAL PUBLIC WORKS WEEK. Carried unanimously. PROJECT 0341/FAIRVIEW PLAZA PATHWAY/RESOLUTION 2003-55 & 2003-11RD (09.24) Motion by Mr. Glickman, seconded by Mr. Pirzynski, that Council adopt Resolution 2003-55 & 2003-11RD entitled, RESOLUTION OF THE TOWN COUNCIL/REDEVELOPMENT AGENCY OF THE TOWN OF LOS GATOS AWARDING A CONSTRUCTION CONTRACT TO DURAN & VENABLES, INC. FOR PROJECT 0341 - FAIRVIEW PLAZA PEDESTRIAN PATHWAY IMPROVEMENTS IN THE AMOUNT OF $41,523.00. Carried unanimously. PROJECT 0339A/CORP YARD RESTROOM RENOVATION/RESOLUTION 2003-56 (10.24) Motion by Mr. Glickman, seconded by Mr. Pirzynski, that Council adopt Resolution 2003-56 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AWARDING A CONSTRUCTION CONTRACT TO “TICON” FOR PROJECT 0339A - CORPORATION YARD EMPLOYEE RESTROOM RENOVATION - IN THE AMOUNT OF $29,673.00. N:\CLK\Council Minutes\2003\M 05-05-03.wpd 2 Town Council Minutes May 5, 2003 Redevelopment Agency Los Gatos, California Carried unanimously. ANNUAL FINANCIAL REPORT/CAFR/COMPREHENSIVE FY 2001-02 (11.09) MEMORANDUM ON INTERNAL CONTROL STRUCTURE Motion by Mr. Glickman, seconded by Mr. Pirzynski, that upon the review by the Town Council’s Finance Committee, Council/Agency accept the 2001-2002 Comprehensive Annual Financial Report (CAFR) and Memorandum on Internal Control Structure. Carried unanimously. REDEVELOPMENT PLAN AMENDMENT/RESOLUTION 2003-58 & 2003-13RD (13.27) Motion by Mr. Glickman, seconded by Ms McNutt, that Council/Agency adopt Resolution 2003- 58 & 2003-13RD entitled, RESOLUTION OF THE TOWN COUNCIL/REDEVELOPMENT AGENCY OF THE TOWN OF LOS GATOS AUTHORIZING PROCEEDING WITH AN AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE CENTRAL LOS GATOS REDEVELOPMENT PROJECT TO EXTEND THE POWER OF EMINENT DOMAIN FOR TWELVE YEARS AND TAKING RELATED ACTIONS. Carried by a vote of 4 ayes. Mr. Wasserman recused himself from the vote. PROJECT 0108/ PHASE II/STREETSCAPE IMPROVEMENTS (14.24) BEAN TO BACHMAN INTERSECTIONS/NORTH SANTA CRUZ AVENUE Motion by Mr. Glickman, seconded by Mr. Pirzynski, that Council/Agency approve contract change orders 3 through 5 in the amount of $116,281.00, and increase contingency authority by $110,000 under the construction contract with Robert A. Bothman, Inc., for a total contract amount of $1,195,395.00. Carried unanimously MAYOR’S STATEMENT (XX.28) Mayor Decker welcomed the Council and audience and explained how she would like the tone of the Town meetings to proceed during the year. She spoke of a community that has been able to display respect for one another, to deliberate the business of the Town in an informed manner, and to accept and act upon the decisions made at public and open meetings. She noted that all of our residents deserve our respect and the respect of each other. She asked for and said she expects that the visitors to these Council Chambers will recognize and uphold these principles of respect and courtesy for one another. The Mayor noted that disruptive behavior would not be tolerated, nor allowed to interfere with these community meetings held in the spirit of cooperative and interactive government. She reaffirmed her desire to encourage respect and dignity within these chambers. VERBAL COMMUNICATIONS (XX.28) Ray Davis spoke in opposition to being limited to three minutes of verbal communication on the subjects he wished to address. He readdressed his belief that the police chief should have an additional bonus for exceptional community involvement this year. N:\CLK\Council Minutes\2003\M 05-05-03.wpd 3 Town Council Minutes May 5, 2003 Redevelopment Agency Los Gatos, California PUBLIC HEARINGS TOWN FEES/RATES/CHARGES/FOR CERTAIN SERVICES/RESOLUTION 2003-59 (17.09) Mayor Decker stated that this was the time and place duly noted for public hearing to consider adopting resolution containing certain department fees, rates and charges and amending certain fees rates and charges. The following people from the audience addressed this issue: Ray Davis pointed out his displeasure with the $250 residential appeal fee. He also noted that a two lot subdivision jumps from a $5,000 fee to a $25,000 fee. Chris Miller asked that the Town Code be placed on the Web and staff informed him that it is has been on the site for some time. Motion by Mr. Pirzynski, seconded by Mr. Wasserman, that Council adopt Resolution 2003-59 entitled, RESOLUTION OF THE TOWN OF LOS GATOS ADOPTING CONTINUING DEPARTMENT FEES, RATES, AND CHARGES, AND AMENDING CERTAIN FEES, RATES, AND CHARGES, with the following considerations and amendments: That the desk item with its amendments be included; Continue to try to streamline the building permitting process; A report to Council identifying fees from other municipalities; A comparison of the Town’s rates and fees with the other jurisdictions; Report to return to Council in six months for review of the schedule and the comparisions with other cities. Carried by a vote of 4 ayes. Ms McNutt voted no having asked for more notification from the Town to allow for more response from the community. MINUTES OF APRIL 21, 2003 (05.V) Ray Davis opposed his three minute time limit for addressing his items of interest and asked that his time be extended. Motion by Mr. Glickman, seconded by Mr. Pirzynski, that Council approve the Minutes of April 21, 2003, Regular Joint Town Council/Redevelopment Agency Meeting as submitted. Carried unanimously. SANTA CRUZ AVE 15 ½/LOS GATOS BAR AND GRILL/RESOLUTION 2003-52 (06.15) Ray Davis asked that the ordinance be given to all interested parties; that the sound attenuation be addressed with fencing or sound barrier; that lighting and security in the parking lot be taken care of; and that a hot line be made available for neighbors to have a means to express their concerns and report permit violations. Motion by Mr. Glickman, seconded by Ms McNutt, that Council adopt Resolution 2003-52 entitled, RESOLUTION OF THE TOWN OF LOS GATOS APPROVING A REQUEST TO MODIFY AN EXISTING CONDITIONAL USE PERMIT TO EXPAND BAR SERVICE (LOS GATOS BAR & GRILL) ON PROPERTY ZONED C-2:LHP, as reflected in this evening’s desk item before Council. Carried by 3 ayes. Mr. Pirzynski and Mrs. Decker voted no as reflected in prior record. N:\CLK\Council Minutes\2003\M 05-05-03.wpd 4 Town Council Minutes May 5, 2003 Redevelopment Agency Los Gatos, California HAZARDOUS VEGETATION ABATEMENT(BRUSH)/RESOLUTION 2003-54 (08.33) Motion by Mr. Glickman, seconded by Mr. Wasserman, that Council adopt Resolution 2003-54 entitled, RESOLUTION OF THE TOWN OF LOS GATOS DECLARING HAZARDOUS VEGETATION (BRUSH) A PUBLIC NUISANCE AND PROVIDING FOR ABATEMENT. Carried unanimously. SAFE ROUTES TO SCHOOLS/GRANT FUNDS/RESOLUTION 2003-57 & 2003-12RD (12.41) Motion by Mr. Glickman, seconded by Mr. Wasserman, that Council/Agency adopt Resolution 2003-57/2003-12RD entitled, RESOLUTION OF THE TOWN COUNCIL/REDEVELOPMENT AGENCY OF THE TOWN OF LOS GATOS AUTHORIZING TOWN MANAGER/EXECUTIVE DIRECTOR TO APPLY FOR GRANT FUNDS CONCERNING SAFE ROUTES TO SCHOOLS, and that Council approve the Safe Routes to Schools Grant fund application report. Carried unanimously. POLLUTANT DISCHARGE ELIMINATION SYSTEM/NPDES/INFORMATIONAL (18.40) Ray Davis spoke of non point source run off in the streams and creeks of Los Gatos. He suggested a $25 parcel tax to fund this type of program. He emphasized the community benefit and believes that the residents should support this activity. Motion by Mr. Glickman, seconded by Ms McNutt, that Council accept informational report regarding National Pollutant Discharge Elimination System (NPDES). Carried unanimously. COUNCIL MATTERS (19.28) Mayor Decker gave an update report on the Dittos Lane property which is under consideration by the Town for possible housing. She noted that she had asked Diane McNutt to serve on a subcommittee with her and requested comments or thoughts from Council. MANAGER MATTERS (20.28) DOWNTOWN STREETSCAPE PROJECT SCHEDULE UPDATE Mrs. Figone, Town Manager, gave an overview of the Downtown Streetscape Project Schedule. She noted that the project manager is reviewing the work’s progress and speaking to the merchants. John Curtis, Public Works Director, spoke of meeting with the Chamber of Commerce and downtown businesses. The Chamber believes that the Town is attempting too much at one time in the downtown area. They asked that the intensity of the schedule be adjusted to the needs of the downtown businesses. Mr. Curtis noted that the Public Works Department would finish up the work this summer and well before the holiday shopping season begins. Scott Seaman, Police Chief, spoke of the packets of information that have been delivered to the businesses and the parking permits that have been offered to help mitigate the impacts of the road work. He also addressed the schedule for parking lot improvements, signage and implementation of the parking program. The following people from the audience addressed this subject: Andy Bivetto spoke of impediments to shoppers in the downtown and the confusion of the many parking locations to visitors of Los Gatos. He asked that the parking program be delayed until the construction in the downtown is finalized. MANAGER MATTERS CONT. N:\CLK\Council Minutes\2003\M 05-05-03.wpd 5 Town Council Minutes May 5, 2003 Redevelopment Agency Los Gatos, California DOWNTOWN STREETSCAPE PROJECT SCHEDULE UPDATE Speakers continued: Adrienne Kerwin owner of a business on North Santa Cruz Ave. Spoke of the work in front of her shop and the effect on her business. She spoke of the construction that is still in front of her store after nine weeks. She asked that the parking program not be implemented at this time. Jennifer Renfroe spoke of the construction and the parking zones. She noted that there has been too much construction and delays due to weather. She believes that the depressed economy has taken the businesses into a downturn and that there is no visible parking problem in the downtown at this time. Margaret Smith, owner of Domus, spoke of the parking program in downtown Palo Alto and how this plan is not working in that area. She mentioned Diddams, Andale’s and Upstream Fishing, businesses which have stores in Palo Alto and have experience trying to work with an unsuccessful program. She noted that Palo Alto is proceeding to plan for additional parking lots. Petrina Berman spoke of two hours being an inadequate amount of time within one zone to wait for a seat at a restaurant, be served, enjoy the meal and visit, and still have time to window shop in that parking area. Joel Mitooka of Gallery 22 on North Santa Cruz, spoke of the lack of customers and the parking problems that continue to impact his business. Greg Stowers, representing the Chamber of Commerce, spoke of the utility work and the surfacing of Santa Cruz Ave. which will take another year or two before all the work is completed. He asked that the parking program be put on hold until all of the construction and beautification in the downtown in completed. At that time he suggested that the program move incrementally and be evaluated as it is implemented. Ray Davis did not support the new program at this time of depressed financial climate. Town Manager Figone spoke of placing the parking program on hold at this time and noted that staff would continue to monitor the construction projects until completed. When the summer’s streetscape beautification is completed, staff will return to Council to discuss the continued implementation of the parking program. ADJOURNMENT Mayor Decker closed this evening’s meeting at 10:13 p.m. ATTEST: Marian V. Cosgrove Town Clerk N:\CLK\Council Minutes\2003\M 05-05-03.wpd 6