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M 09-15-03TOWN OF LOS GATOS CALIFORNIA TOWN COUNCIL/PARKING AUTHORITY JOINT REDEVELOPMENT AGENCY September 15, 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 7:03 p.m., Monday, September 15, 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 not met in Closed Session this evening. PERSONNEL BOARD/CRISTINA PIASECKI/APPOINTMENT (00.12) Mayor Decker announced that two applications had been received from Cecelia Bass and Cristina Piasecki for one vacancy on the Personnel Board. Voting was held and Ms. Piasecki was appointed to a term expiring September 1, 2006. ANNOUNCEMENTS Mayor Decker asked the community to support “The All Alumni Reunion Weekend” to be held September 20th, when the New Millennium Foundation will host the silent and live auction fund raiser at the Opera House. MUSIC IN THE PLAZA COMMENDATIONS (00.28) Mayor Decker presented Town Commendations to the contributors to this summer’s Music in the Plaza Concert Series. The following businesses were thanked for their support and funding. Those with a star next to their name had a representative present and were able to receive congratulations and thanks from the Mayor. The following businesses were honored: *Akeena Solar (Barry Cinnamon) Alain Pinel Realtors Andale' Taqueria Bob Lewis Volkswagen Community Hospital of Los Gatos *Courtside Club (Lisa Graf) N:\CLK\Council Minutes\2003\M 09-15-03.wpd Town Council Minutes September 15, 2003 Redevelopment Agency Los Gatos, California MUSIC IN THE PLAZA COMMENDATIONS CONTINUED (00.28) The following businesses were honored: (cont.) Crimson Restaurant Gil and Sandy Decker eBay Foundation *Garden Inn Hotel (Tom Chang) *Hotel Los Gatos (Gentleman) *Los Gatos Auto Dealers (John Moore) *Los Gatos Coffee Roasting Company (Teri Hope) Los Gatos Weekly-Times Lucchesi Communications Mountain Meadows Steamer's Grillhouse Tangles Salon The Rotary Club of Los Gatos *Victoria Capital, Inc. (Mike Kent) Washington Mutual Bank Wells Fargo Whole Foods Market - Los Gatos *Yoga Center of Los Gatos (Jan Hutchins) *Los Gatos Arts Commission (Elke Groves) 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. SCHEDULE OF PUBLIC HEARINGS (01.28) Motion by Mr. Pirzynski, seconded by Mr. Glickman, that Council accept and file informational report regarding currently scheduled public hearings. Carried unanimously. RATIFICATION OF PAYROLL/AUGUST-SEPTEMBER 2003 (02.V) Motion by Mr. Pirzynski, seconded by Mr. Glickman, that Council ratify the check register for payroll of August 17, 2003 through August 30, 2003 paid on September 5, 2003 in the amount of $554,567.38. Carried unanimously. N:\CLK\Council Minutes\2003\M 09-15-03.wpd 2 Town Council Minutes September 15, 2003 Redevelopment Agency Los Gatos, California ACCOUNTS PAYABLE/RATIFICATION/AUGUST-SEPTEMBER 2003 (03.V) Motion by Mr. Pirzynski, seconded by Mr. Glickman, that Council ratify the accompanying check registers for accounts payable invoices paid on August 29, 2003 and September 5, 2003 in the amount of $486,439.98. Carried unanimously. MINUTES OF SEPTEMBER 2, 2003 (04.V) Motion by Mr. Pirzynski, seconded by Mr. Glickman, that Council approve the Minutes of September 2, 2003, Regular Joint Town Council/Redevelopment Agency Meeting corrected as follows: Page 8, under Silicon Valley Animal Control, the last sentence should read, “In the mean time the Humane Society is still covering sheltering and SVACA is handling field services.” Carried unanimously. SANTA CLARA COUNTY CIVIL GRAND JURY REPORTS (5A&B.09) A. Motion by Mr. Pirzynski, seconded by Mr. Glickman, that Council approve response to Santa Clara County Civil Grand Jury report - review of audits and financial reports. Carried unanimously. B.Motion by Mr. Pirzynski, seconded by Mr. Glickman, that Council approve response to Santa Clara County Civil Grand Jury report regarding listing of special districts, joint powers agencies, designated non-profit corporations and other governmental entities. Carried unanimously. SMITH RANCH COURT/HISTORIC STREET NAME (06.V) Motion by Mr. Pirzynski, seconded by Mr. Glickman, that Council approve request to add the historic name “Smith Ranch Court” to the Town’s Official Street Naming List. Carried unanimously. TOWN COUNCIL/REDEVELOPMENT/MEETING SCHEDULE FY 2003-2004 (07.28) Motion by Mr. Pirzynski, seconded by Mr. Glickman, that Council amend Town Council/Redevelopment Agency Meeting Schedule for 2003-2004 Fiscal Year. Carried unanimously. COMMUNITY SERVICES COMMISSION/APPOINTMENT/STUDENT COMMISSIONER (08B.12) Motion by Mr. Pirzynski, seconded by Mr. Glickman, that Council accept Community Services Commission recommendation to reinstate Jennifer Werner as Student Community Services Commissioner. Carried unanimously. RETAINING WALL REPLACEMENT/PROJ:0210A/RESOLUTION 2003-110 (09.15) Motion by Mr. Pirzynski, seconded by Mr. Glickman, that Council adopt Resolution 2003-110 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AWARDING A CONSTRUCTION CONTRACT IN THE AMOUNT OF $224,511.00 WITH CASEY CONSTRUCTION COMPANY FOR PROJECT 0210A RETAINING WALL REPLACEMENTS, and authorizing staff to issue change orders as necessary to the construction contract up to an amount of $30,000. Carried unanimously. TOPPING WAY #2/ANNEXATION/TOPPING WAY 16495/RESOLUTION 2003-111 (10.26) Motion by Mr. Pirzynski, seconded by Mr. Glickman, that Council adopt Resolution 2003-111 entitled, RESOLUTION OF THE TOWN OF LOS GATOS ORDERING THE REORGANIZATION OF CERTAIN UNINHABITED TERRITORY DESIGNATED AS TOPPING WAY #2 (APN:532-09-001) TO THE TOWN OF LOS GATOS. Carried N:\CLK\Council Minutes\2003\M 09-15-03.wpd 3 Town Council Minutes September 15, 2003 Redevelopment Agency Los Gatos, California unanimously. VERBAL COMMUNICATIONS (XX.28) School Trafic Safety Issues: Ray Davis addressed the lack of sufficient traffic speed signs in the school zone areas and asked that the issue be addressed by staff. He requested that the radar signs that are present in the Daves and Fisher crossing areas be placed at the Van Meter and Blossom Hill school zones also. Recycle Bins in the Parks: Don Cordero, spoke of collecting trash for recycling at the local parks and requested placement of recycling bins in the parks so that this activity can be more aggressively carried out. Music in the Plaza: John Tice spoke of the public hearing being held on Wednesday, September 17th in the Council Chambers at 4 p.m. to discuss the location of the summer music series. He believes there is considerable support to bring the events back to the Town Plaza and that the business community will find it difficult to attend this hearing at 4 p.m. He asked why a survey was not taken at the Jazz in the Plazz event and requested an evening meeting for those that had difficulty attending an afternoon meeting. Council Member McNutt noted that there would be a report brought back to Council after the Wednesday meeting and at that time Council and the public could discuss and consider the information at a regular 7 p.m. Council meeting where the business owners could be present. PUBLIC HEARINGS There were no public hearings held this evening. PARKS COMMISSION/APPOINTMENTS/STUDENT COMMISSIONERS (08A.12) Council Member Glickman asked the new student commissioners to come forward to be interviewed. He questioned them about their reasons for applying for the positions. Both Ms Starr and Mr. Lee responded to questions about their interests in serving on this commission. Motion by Mr. Glickman, seconded by Mr. Wasserman, that Council accept Parks Commission recommendation to reinstate Andrew Lee and appoint Chelsea Starr as Student Parks Commissioners. Carried unanimously. MONTEBELLO PARKING LOT/PROJ:0336B/RESOLUTIONS 2003-112 & 2003-25RD (11.24&34) Ray Davis came forward to ask if the Montebello Lot is the old Greyhound bus lot property. Staff responded that this parking lot was in a different location and that the Greyhound lot is the South Side Lot. Motion by Mr. Glickman, seconded by Mr. Pirzynski, that Council/Agency adopt Resolutions 2003-112 & 2003-25RD entitled, RESOLUTION OF THE TOWN COUNCIL & REDEVELOPMENT AGENCY OF THE TOWN OF LOS GATOS APPROVING THE PLANS AND SPECIFICATIONS FOR PROJECT 0336B - MONTEBELLO LOT IMPROVEMENTS AND AUTHORIZING STAFF TO ADVERTISE THE PROJECT FOR BIDS. Carried unanimously. N:\CLK\Council Minutes\2003\M 09-15-03.wpd 4 Town Council Minutes September 15, 2003 Redevelopment Agency Los Gatos, California OTHER BUSINESS SECOND DWELLING UNITS/ORDINANCE 2115/TOWN CODE AMENDMENTS (14.31) Mayor Decker stated that this was the time and place duly noted to consider adopting ordinance amending the Town Code Division 7, Sections 29.10.305 through 29.10.320, Section 29.10.320 and Section 29.20.185(8)a, regarding Second Dwelling Units. (Continued from August 4 & September 2, 2003.) Town Attorney, Orry Korb, gave the staff report on this item noting the issue of language requiring that all second units be made affordable on a mandatory basis. That language was found in section 29.10.320 on page 3 of the proposed ordinance. Pursuant to Council’s instructions that language was deleted from the proposed ordinance and replaced with the following: [Page 3 of 7; Section 29.10.320; “New Second Dwelling Units”; (a) Incentive Program: Any second dwelling unit developed under an incentive program established by resolution of the Town Council shall be made affordable to eligible applicants pursuant to the requirements of the incentive program.] This language allows for Council to, at a future date, adopt by resolution any incentive programs that Council may elect to incorporate. Any such incentive program would go into effect the moment a resolution is adopted. The Ordinance does not dictate the form of any such program. It is staff’s intent to bring to Council an incentive program along the lines that was outlined for Council at the last meeting. That incentive program would in essence provide for the Town to fund to some extent the development of second units in exchange for the property owner agreeing to a deed restriction mandating an affordable housing requirement on the second unit. If Council adopts the ordinance as presented, the ordinance will not become effective for a period of thirty days from tonight. Staff plans to bring a resolution forward to Council within that thirty day period of time. If Council finds the program described in the resolution to be satisfactory it may adopt the resolution which will put the second unit incentive program into effect. Motion by Mr. Wasserman, seconded by Mr. Pirzynski, to adopt Ordinance 2115 entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE TOWN CODE DIVISION 7, SECTIONS 29.10.305 THROUGH 29.10.320, SECTION 29.10.320, AND SECTION 29.20.185(8)a REGARDING SECOND DWELLING UNITS, which was introduced by Council June 16, 2003. Carried unanimously. ADOPT--A--PLANTER PROGRAM (15.33) Director of Public Works, John Curtis, gave the staff report on this item explaining how the program was established and how it would be beneficial to the downtown beautification efforts. The Beautification Committee, supported by the Chamber of Commerce, developed the idea for this program which has since moved to the Parks Commission for implementation. There are 28 planters on Santa Cruz Avenue eligible for adoption by businesses, service groups or families on a first come basis. Each adopted planter would have a small plaque on the fence indicating who or which group was caring for the planter at that time. It would be possible to have the care givers assigned on a rotating basis to give everyone a chance to participate. The Town will retain responsibility for quality control of the planters, while at the same time promoting creativity and commitment on the part of the “adoptees.” N:\CLK\Council Minutes\2003\M 09-15-03.wpd 5 Town Council Minutes September 15, 2003 Redevelopment Agency Los Gatos, California OTHER BUSINESS ADOPT--A--PLANTER PROGRAM CONT. (15.33) Motion by Mr. Pirzynski, seconded by Mr. Wasserman, that Council accept report and approve the Adopt-a-Planter Program as proposed in the report. Carried unanimously. ENGINEERING AND TRAFFIC SURVEY 2003/ESTABLISHING SPEED LIMITS (16.41) Director of Public Works, John Curtis, gave the staff report on this item explaining how the traffic study survey data has remained consistent with our current speed signs throughout Town. He also noted that these speed studies were needed to help law enforcement when traffic tickets are disputed in court and that the Town can use radar enforcement on the surveyed streets. The following people from the audience addressed this issue: Ray Davis addressed traffic on South Santa Cruz Avenue where the cars exit the freeway. He expressed concern with the diagonal parking alongside the Post Office which causes sight difficulties as drivers exit Montebello Way and attempt to see the oncoming traffic from the freeway. He also asked why there was no mention of a school zone in the report. John Curtis, Director of Public Works, reported that there was additional back up information that augments this survey. He spoke of a gateway that is being planned for the Wood Road area that will help slow traffic and announce entrance into Town. Doug McNeal spoke of the Winchester and Daves intersection area and displayed a chart showing the peak zones of speed at this location. He requested more specific monitoring of the traffic and aggressive enforcement of the 25mph speed signs. No one else from the audience addressed this subject. Motion by Mr. Glickman, seconded by Ms McNutt, that Council accept the 2003 Engineering and Traffic Survey for the Town of Los Gatos. Carried unanimously. The Town Clerk read the Title of the Proposed Ordinance. Motion by Mr. Glickman, seconded by Mr. Pirzynski, that Council waive the reading of the Proposed Ordinance. Carried unanimously. Motion by Mr. Glickman, seconded by Ms McNutt, that Council introduce Proposed Ordinance entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING SECTION 15-30.235 OF THE LOS GATOS TOWN CODE FOR ESTABLISHING SPEED LIMITS ON CERTAIN STREETS. Carried unanimously. OTHER BUSINESS N:\CLK\Council Minutes\2003\M 09-15-03.wpd 6 Town Council Minutes September 15, 2003 Redevelopment Agency Los Gatos, California STREETSCAPE PROJECT/PHASE III (17.31) Director of Public Works, John Curtis, gave the staff report for both Council and Agency on this item explaining that Phase I and Phase II were nearly complete and that we are about to embark upon Phase III. He spoke of the completion of the first phase with the sidewalk and pavement areas between Bachman and Grays Lane. The second phase completed the sidewalks from Bachman to Highway 9. Both projects complete all of the sidewalks from Main to Highway 9. The irrigation system for the street trees and planters and the electrical for the street lights and holiday lights are being placed underground should be completed in the month of October. Main Street between Santa Cruz and College is a portion of the project that still needs its sidewalks paved, and undergrounding of irrigation and electrical. The portion of Main Street from College to Stacia is a street reconstruction project which will be placed on hold until school is out and other projects in this area are completed and out of the way. It is anticipated that this whole Main Street area will be placed in work plans for completion in the 2005 construction year. Council/Agency Comments: To notify all interested and affected parties as the plans and work progresses. To cause as little impact between the projects and the school traffic as possible. Motion by Mr. Glickman, seconded by Mr. Pirzynski, that Council/Agency accept report on the updated Streetscape Project and request that staff return to Council October 20, 2003 with report and recommendations on a new schedule for completing Phase III of the Streetscape Project. Carried unanimously. LIBRARY REPORT ON THE TOWN HISTORY PROJECT (18.32) Peggy Conaway, Town Librarian, reported on the History of Los Gatos Project which is now well underway. Her presentation consisted of photos and memorabilia of historical interest. She also reported on Sanborn Young, a conservative state senator from 1925-1938, and his wife Ruth Comfort Mitchell-Young, a local Los Gatos author and play write, who wrote the novel “Of Human Kindness,” which was in answer to John Steinbeck’s “Grapes of Wrath.” Ms Conaway also reported that requests have gone out to the community asking for photos, letters or information from the 1800's through the 1960's that develop the history of historic Los Gatos. She noted that the information can be scanned and the originals returned to their owners as soon as possible. Chris Miller, from the audience, spoke to this item. Spoke of the resources that schools may have and offered his assistance with the project. Motion by Mr. Glickman, seconded by Mr. Pirzynski, that Council accept informational report on the Town History Project. Carried unanimously. N:\CLK\Council Minutes\2003\M 09-15-03.wpd 7 Town Council Minutes September 15, 2003 Redevelopment Agency Los Gatos, California COUNCIL MATTERS (19.28) Main Street Improvements: Mr. Wasserman requested information concerning spending deadlines on bond funding, specifically for the reconstruction and improvements on Main Street. Mr. Korb, Town Attorney, noted that the types of bonds issued and the limitations placed upon those by agreement must be considered. Ms Figone, Town Manager, confirmed that the bond holder would be formally informed if a need to extend was determined. Mr. Pirzynski & Mr. Glickman would prefer to see this project reach completion as soon as possible so that the impacts to the neighborhood are not just pushed further downstream. They would prefer to the extension mechanism only in an emergency situation. MANAGER MATTERS (20.28) Holiday Banner Program: Ms Figone, Town Manager, updated Council on the Town Banner Program, noting that it was time to determine a Holiday banner to be placed downtown and on the boulevard. The cost would be approximately $10,000 and would not take long to be installed. Silicon Valley Animal Control Authority: Ms Figone, Town Manager, noted that the City of Sunnyvale has left the JPA and the Cupertino City Council has a report before them this evening recommending its pulling out of the joint powers agency also. Town staff will need to evaluate the decisions of these cities and report to Council on the redistribution of costs among the remaining cities, and the impacts to Los Gatos in relation to these changes. There will be a study session held Thursday, September 25, 2003, to consider the alternatives. Town Council Neighborhood Meeting: Mayor Decker noted that Council would hold its second neighborhood meeting at the Los Gatos Community Hospital at 7 p.m., Thursday, September 25, 2003. Habitat for Humanity: Mayor Decker reminded everyone of the Habitat for Humanity dedication to take place this Saturday, September 20, 2003. ADJOURNMENT Mayor Decker closed this evening’s meeting at 8:41 p.m. ATTEST: Marian V. Cosgrove Town Clerk N:\CLK\Council Minutes\2003\M 09-15-03.wpd 8