M 02-17-04TOWN OF LOS GATOS
CALIFORNIA
TOWN COUNCIL/PARKING AUTHORITY
JOINT REDEVELOPMENT AGENCY
FEBRUARY 17, 2004 / MINUTES
Los Gatos Civic Center
110 E. Main Street
Los Gatos, CA 95030
TIME ITEM ACTION ON ITEM
7:00
PM
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 7:00 p.m., Tuesday, February 17, 2004, in a
joint regular session.
7:01
PM
ROLL CALL Present:Sandy Decker, Diane McNutt, Joe Pirzynski, Mike
Wasserman and Mayor/Chairman Glickman.
Absent:None
7:02
PM
PLEDGE OF
ALLEGIANCE
The audience was invited to participate in the Pledge of Allegiance.
7:03
PM
CLOSED SESSION 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 regarding Labor Negotiations. Town Negotiator:
Gary Rogers, Human Resources Director. Employee Organizations:
Town Employees’ Association (TEA); AFSCME; Confidential Unit;
Management; Town Manager; and Police Officers Assoc. Council
gave direction to Town’s negotiator and there was no further
reportable action taken.
Also reported that Council met pursuant to Government Code Section
54956.9[a] regarding Conference with Legal Counsel concerning
Existing Litigation with Nancy Castro and Providence Greco-
Gelinske; Santa Clara County Superior Court #CV812335. Council
gave direction to Town Attorney and there was no further reportable
action taken.
7:05
PM
PRESENTATION PRESENTATION
7:05
PM
LEAGUE OF
CALIFORNIA CITIES
Rebecca Elliott, representing, the League of California Cities, spoke of
the Local Taxpayers and Public Safety Protection Act of 2004. This
measure would require a majority vote of the people before the State
Government would be allowed to take local government revenues
which are used to provide local services to their communities.
7:10
PM
CONSENT ITEMS CONSENT ITEMS
N:\CLK\Council Minutes\2004\M-02-17-04.wpd 1
TIME ITEM ACTION ON ITEM
ITEM 1
SCHEDULE OF
PUBLIC HEARINGS
Motion by Mr. Wasserman, seconded by Mrs. Decker, that Council
accept and file informational report regarding currently scheduled
public hearings. Carried unanimously. (01.28)
ITEM 2
PAYROLL
RATIFICATION FOR
JANUARY AND
FEBRUARY 2004
Motion by Mr. Wasserman, seconded by Mrs. Decker, that Council
ratify the check register for payroll of January 18, 2004 through
January 31, 2004 paid on February 6, 2004 in the amount of
$531,967.85. Carried unanimously. (02.V)
ITEM 3
ACCOUNTS PAYABLE
RATIFICATION FOR
JANUARY
Motion by Mr. Wasserman, seconded by Mrs. Decker, that Council
ratify the check register for accounts payable invoices paid on January
30, 2004 and February 6, 2004 in the amount of $744,714.91. Carried
unanimously. (03.V)
ITEM 4
TRAFFIC CALMING
PLACER OAKS
NEIGHBORHOOD
Motion by Mr. Wasserman, seconded by Mrs. Decker, that Council
approve permanent traffic calming measures for the Highland Oaks-
Chirco-Placer Oaks area neighborhood. Carried unanimously. (04.41)
ITEM 5
SANTA CLARA
COUNTY
TRANSORTATION
AUTHORITY
REPRESENTATIVEM
ARC JENSEN
Resolution 2004-014
Motion by Mr. Wasserman, seconded by Mrs. Decker, that Council
adopt Resolution 2004-014 entitled, RESOLUTION OF TOWN OF
LOS GATOS APPOINTING MARC JENSEN,
TRANSPORTATION AND PARKING COMMISSIONER, AS
REPRESENTATIVE TO THE SANTA CLARA VALLEY
TRANSPORTATION AUTHORITY COUNTYWIDE BICYCLE
AND PEDESTRIAN ADVISORY COMMITTEE (BPAC). Carried
unanimously. (05.41)
7:10
PM
ITEM 6
CURB, GUTTER AND
SIDEWALK REPAIR
CONSENT ITEMS CONTINUED
This item has been pulled and will be heard after Item 13.
ITEM 7
PROJECT 0415
TREE PRUNING AND
REMOVAL
“TRUGREEN”
Resolution 2004-015
Motion by Mr. Wasserman, seconded by Mrs. Decker, that Council
adopt Resolution 2004-015 entitled, RESOLUTION OF TOWN OF
LOS GATOS AUTHORIZING THE AWARD AND EXECUTION
OF CONTRACT WITH TRUGREEN LANDCARE FOR
PROJECT 0415 - TREE PRUNING AND REMOVAL, in the
amount of $10,952.00 and authorize staff to execute change orders to
the contract up to an amount of $4,000. Carried unanimously. (07.24)
ITEM 8
PROJECT 0409B
ADA UPGRADES
PARKING LOTS
1, 2, 3, AND 6
Resolution 2004-016
Motion by Mr. Wasserman, seconded by Mrs. Decker, that Council
adopt Resolution 2004-016 entitled, RESOLUTION OF TOWN OF
LOS GATOS AWARDING A CONSTRUCTION CONTRACT
WITH DURAN & VENABLES INC. FOR PROJECT 0409B
“ADA” IMPROVEMENTS TO PARKING LOTS 1, 2, 3, AND 6.
and awarding contract in the amount of $42,750.00, and authorizing
staff to issue change orders to the contract up to an amount of
$10,000. Carried unanimously. (08.24)
N:\CLK\Council Minutes\2004\M-02-17-04.wpd 2
TIME ITEM ACTION ON ITEM
ITEM 9
LOCAL TAXPAYERS
AND PUBLIC SAFETY
ACT OF 2004
Resolution 2004-017
Motion by Mr. Wasserman, seconded by Mrs. Decker, that Council
adopt Resolution 2004-017 entitled, RESOLUTION OF TOWN OF
LOS GATOS SUPPORTING THE LOCAL TAXPAYERS AND
PUBLIC SAFETY PROTECTION ACT OF 2004. Carried
unanimously. (09.28)
ITEM 10
15220
KENNEDY ROAD
SOLAR PANELS
Resolution 2004-018
Motion by Mr. Wasserman, seconded by Mrs. Decker, that Council
adopt Resolution 2004-018 entitled, RESOLUTION OF TOWN OF
LOS GATOS DENYING AN APPEAL OF A DECISION FROM
THE PLANNING COMMISSION TO APPROVE A GRADING
PERMIT FOR LANDSCAPING IMPROVEMENTS AND TO
INSTALL SOLAR PANELS ON PROPERTY ZONED HR-1/2.
AS-01-98. ND-04-03. 15220 KENNEDY ROAD. Carried
unanimously. (10.15)
COUNCIL/AGENCY TOWN COUNCIL/REDEVELOPMENT AGENCY
ITEM 11
MINUTES
FEBRUARY 2, 2004
Motion by Mr. Wasserman, seconded by Mrs. Decker, that the Town
Council/Redevelopment Agency approve the Minutes of the Joint
Regular Meeting February 2, 2004 as submitted. Carried unanimously.
(11.V)
REDEVELOPMENT REDEVELOPMENT AGENCY AGENDA
ITEM 12
ACCOUNTS PAYABLE
RATIFICATION
Motion by Mr. Wasserman, seconded by Mrs. Decker, that the
Agency ratify the check register for accounts payable invoices paid on
January 30, 2004 and February 6, 2004 in the amount of $2,352.55.
Carried unanimously. (12.V)
7:10 COMMUNICATIONS VERBAL COMMUNICATIONS
7:10 SPEAKER Ray Davis explained why he did not pledge allegiance while attending
Council meetings and then spoke of safe routes to schools for children
and noted the Los Gatos Boulevard and Shannon Road pedestrian
crossing. He also asked that Council establish a Park Dedication Fund
with Development Impact Fees from new construction in Town.
7:10 SPEAKER Chuck Novillo spoke of the fence line on his property and his
difficulty working with the City of Monte Sereno regarding his
property line and water runoff from his neighbor’s pool.
PUBLIC HEARING PUBLIC HEARING
7:20
PM
ITEM 13
BLOSSOM HILL
MANOR #11
ANNEXATION
BLOSSOM HILL MANOR #11/ANNEXATION
Mayor Glickman announced that this was the time and place duly
noticed for holding a public hearing to consider protests concerning
the reorganization of inhabited territory to the Town of Los Gatos
know as Blossom Hill Manor #11. (13.26)
STAFF REPORT John Curtis, Director of Parks and Public Works, reported on the
procedures that will be followed in proceeding with process for
annexation of the Blossom Hill Manor #11 annexation. He spoke of
the technical aspects of allowing for residents and registered voters of
this particular territory to voice their protest or support for the
annexation. He noted that the opportunity for filing those opinions
N:\CLK\Council Minutes\2004\M-02-17-04.wpd 3
TIME ITEM ACTION ON ITEM
would be closed at the end of this hearing this evening. After
analyzing the submittals and weighting them according to Government
Code, the staff will return to Council on March 15, 2004 with a report
concerning the next steps and appropriate actions for proceeding with
the annexation process.
7:23 ITEM 13
SPEAKERS
SPEAKERS ON ITEM 13 – BLOSSOM HILL MANOR #11
7:23 SPEAKER Ron Ritchie spoke in favor of annexation and of why it’s important to
him. Police responsiveness and the traffic calming program are
essential services in his opinion. He noted the fewer patrol vehicles
within the county and slower response time due to greater distances
that had to be covered. There are also two extremely long roads in the
manor that invite speeding and to which the county does not respond.
The Town would be able to address this situation and offer traffic
calming speed humps.
7:25 “Carol Gruetzner spoke in strong support for annexation and
expressed a desire to participate in the Town’s affairs and become a
resident of Los Gatos being able to vote for council members, receive
police protection, participate in the political voice of the community
and serve on the boards and commissions.
7:28 “Elenor Garmeister supports the annexation. Property taxes will
remain the same; The Town will not put in sidewalks unless the
residents choose to pay for the sidewalks themselves; Street lights
will not be installed by the Town; The same fire department serves the
Blossom Hill Manor residents as serves the Town; Los Gatos schools
will still be the ones that her children will attend; There will be a
reduction of $60 in property tax for County Library fees; The garbage
fees will be less because the Town has negotiated for reduced rates
with the waste management company that also serves the County.
7:32 “Robin Wu spoke in support of the annexation. She looks forward to
being able to participate in Town government and community issues.
7:33 “Michael Sleeter supports the annexation both in spirit and financially.
He is one of a group of homeowners in this proposal who have placed
funds in an account so as to move forward with the proposed action.
He is concerned about safety issues in his neighborhood and believes
that police response and traffic calming methods will be agreat help to
this neighborhood.
ITEM 13 SPEAKERS SPEAKERS ON ITEM 13 - BLOSSOM HILL MANOR CONT.
7:36 “Larry Gerston supports the annexation and the feeling of community
that action would generate. He knows that the group of residents that
are working on this project believe that they can offer a lot to Los
Gatos if they can become a part of the community. and he also
believes that the Town would appreciate having them as residents and
participants in their local government.
7:37 ITEM 13 Mayor Glickman closed the public hearing.
N:\CLK\Council Minutes\2004\M-02-17-04.wpd 4
TIME ITEM ACTION ON ITEM
CLOSED PUBLIC
HEARING
7:38 MOTION
ITEM 13
BLOSSOM HILL
MANOR #11
ANNEXATION
Motion by Mr. Pirzynski, seconded by Mr. Wasserman, that Council
set Monday, March 15, 2004 as the date to adopt resolution making a
finding of the value of protests filed and not withdrawn, and taking
either an action to annex without election or an action to confirm by an
election. Carried unanimously.
CONSENT ITEM 6 CONSENT ITEM CONTINUED
Item 6 was pulled from the consent calendar
7:39 ITEM 6
SPEAKER
PROJECT 0349
CURB, GUTTER
SIDEWALK
REPAIRS
PROJECT 0349 - CURB, GUTTERS & SIDEWALK REPAIRS
Ray Davis spoke of the Sidewalk on Cherry Blossom Lane which
runs along side of Blossom Hill Road and the Jewish Community
Center. He noted the raised concrete and spoke of the need to repair
that section of sidewalk as soon as possible. He also asked that the
trees be trimmed so that the street lights can shine through to the
sidewalk.
7:43 MOTION ITEM 6
PROJECT 0349
CURB, GUTTER
& SIDEWALK
REPAIR
Resolution 2004-019
Motion by Mr. Pirzynski, seconded by Mrs. Decker, that Council
adopt Resolution 2004-019 entitled, RESOLUTION OF TOWN OF
LOS GATOS APPROVING THE PLANS AND
SPECIFICATIONS FOR CAPITAL PROJECT 0349 - CURB,
GUTTER AND SIDEWALK REPAIR AND REPLACEMENT
FOR THE FISCAL YEAR 2003-2004 AND AUTHORIZING
STAFF TO ADVERTISE THE PROJECT FOR BIDS. Carried
unanimously. (06.15)
OTHER BUSINESS OTHER BUSINESS
ITEM 14 ADMINISTRATIVE CITATION AND
ADMINISTRATIVE REMEDIES PROCESS
7:44 ITEM 14 Mayor Glickman noted that this was the time and place so noticed to
introduce ordinance establishing an administrative citation and
administrative remedies process.
STAFF
INTRODUCTION
Town Attorney Korb introduced the subject matter and answered
questions for Council.
COUNCIL
CONSENSUS
Council supported the concepts of cost recovery; enforcement of our
existing Town Code; and preserving a sense of impartiality during an
appeal process.
8:08 TITLE READ The Town Clerk read the Title of the Proposed Ordinance.
8:09 READING WAIVED Motion by Ms McNutt, seconded by Mr. Pirzynski, to waive the
reading of the Proposed Ordinance. Carried unanimously.
8:10 ORDINANCE
INTRODUCTION
Motion by Mr. Glickman, seconded by Ms McNutt, that Council
introduce Proposed Ordinance entitled, ORDINANCE AMENDING
CHAPTER 1 OF THE TOWN OF LOS GATOS MUNICIPAL
N:\CLK\Council Minutes\2004\M-02-17-04.wpd 5
TIME ITEM ACTION ON ITEM
CODE AND ADDING ARTICLE II TO CHAPTER 1 OF THE
TOWN OF LOS GATOS TOWN CODE ESTABLISHING AN
ADMINISTRATIVE CITATION AND ADMINISTRATIVE
REMEDIES PROCESS. Carried unanimously.
8:11 ITEM 15 PROPOSITIONS 57 AND 58
MARCH 2004 BALLOT
8:15 ITEM 15
COUNCIL
DISCUSSION
Mayor Glickman asked Council for some comments on this report.
Council believed that the report was very complete and thorough
but did not want to take a public position on either one of the
propositions this evening. Council supported the first issue on the
agenda tonight which was the Local Taxpayers and Public Safety
Protection Act of 2004, and by supporting it they took a step to safe
guard the Town’s own resources. Council encouraged the populace to
study the issues involved with Propositions 57 & 58 and make their
own decisions. Council’s roll tonight is to raise consciousness but not
necessarily to take a Council position.
8:18 ITEM 16
COUNCIL MATTERS
Joe Pirzynski reminded Council of the Cities Association’s annual
joint meeting with the Manager’s Association this Thursday evening in
Mountain View.
Sandy Decker thanked the community for supporting the Touch My
HeART event that was held on Valentine’s Day. She noted that
$14,000 was raised that evening.
Diane McNutt spoke of an ethics and public officials workshop held
at Santa Clara University which she had attended. She will be sharing
a document she acquired there with the Council’s Policy Committee
for review.
Steve Glickman spoke of the President’s Day celebration held at
Forbes Mill and during which Mr. Glickman portrayed President
Lincoln.
8:23 ITEM 17
MANAGER MATTERS
There were no Manager Matters discussed this evening.
8:24 ADJOURNMENT Mayor Glickman adjourned this evening’s meeting at 08:24 PM
N:\CLK\Council Minutes\2004\M-02-17-04.wpd 6
Town Council Minutes February 17, 2004
Redevelopment Agency Los Gatos, California
ATTEST:
Marian V. Cosgrove
Town Clerk
Secretary to the Redevelopment Agency
N:\CLK\Council Minutes\2004\M-02-17-04.wpd 7