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M 06-21-04TOWN OF LOS GATOS CALIFORNIA TOWN COUNCIL/PARKING AUTHORITY JOINT REDEVELOPMENT AGENCY JUNE 21, 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., Monday, June 21, 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 54956.9(b), Anticipated Litigation concerning, Claim of Barnes. The matter was discussed. No final action was taken. Pursuant to Government Code 54957.6 regarding Conference with Labor Negotiator concerning Labor Negotiations between Town Negotiator and TEA and AFSCME. Council gave direction. There was no final action taken. 7:04 PM APPOINTMENTS BOARD/COMMITTEE/COMMISSION APPOINTMENTS ARTS COMMISSION Mayor Glickman announced that seven applications for the Arts Commission had been received from Jade Bradbury, George Forrester, Gilda Forrester, Joanne Johnson, Mary Ellen Kaschub, Jules MacLean and Victor Nemechek. Voting was held and Ms Bradbury, Mr. Forrester and Ms Johnson were appointed to terms ending 07/01/07. APPOINTMENTS CONTINUED BOARD/COMMITTEE/COMMISSION APPOINTMENTS 7:04 PM ARTS SELECTION PANEL Mayor Glickman announced that one application had been received from Victor Nemechek for one opening on the Art Selection Panel. Voting was held and Mr. Nemechek was appointed to the Art Selection Panel for a term ending 07/01/06. HISTORICAL PRESERVATION COMMITTEE Mayor Glickman announced that one application had been received from Kendra Burch for one opening on the Historical Preservation Committee. Voting was held and Ms Burch was appointed to the N:\CLK\A MARIAN'S FILE\Draft Minutes\4MM-06-21-04.wpd 1 TIME ITEM ACTION ON ITEM Historical Preservation Committee for a term ending 08/01/08. LIBRARY BOARD Mayor Glickman announced that two applications had been received from Kim Harloff and Dale Hill for the one opening on the Library Board. Voting was held and Ms Hill was reappointed to term ending 07/01/07. 7:11 PM CONSENT ITEMS CONSENT ITEMS ITEM 1 SCHEDULE OF PUBLIC HEARINGS Motion by Mrs. Decker, seconded by Ms McNutt, that Council accept and file informational report regarding currently scheduled public hearings. (01.28) ITEM 2 PAYROLL RATIFICATION FOR JUNE 2004 Motion by Mrs. Decker, seconded by Ms McNutt, that Council ratify the check register for payroll of May 23, 2004 through June 5, 2004 paid on June 11, 2004 in the amount of $559,009.87. Carried unanimously. (02.V) ITEM 3 ACCOUNTS PAYABLE FOR JUNE 2004 Motion by Mrs. Decker, seconded by Ms McNutt, that Council ratify the check registers for accounts payable invoices paid on June 4, 2004 and June 11, 2004 in the amount of $752,122.79. Carried unanimously. (03.V) ITEM 4 POLITICAL SIGNS Resolution 2004-85 Motion by Mrs. Decker, seconded by Ms McNutt, that Council adopt Resolution 2004-85 entitled, RESOLUTION OF TOWN OF LOS GATOS ESTABLISHING A TIME FRAME FOR POSTING AND REMOVING POLITICAL SIGNS DURING THE 2004 ELECTION CYCLE. Carried unanimously. (04.03-37) 7:11 PM CONSENT ITEMS CONSENT ITEMS CONTINUED ITEM 5 AUDITING SERVICE C.G. ULENBERG Resolution 2004-86 Motion by Mrs. Decker, seconded by Ms McNutt, that Council adopt Resolution 2004-86 entitled, RESOLUTION OF TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO EXECUTE AN AGREEMENT WITH C.G. UHLENBERG LLP TO PROVIDE PROFESSIONAL AUDITING SERVICES FOR THE TOWN OF LOS GATOS. Carried unanimously. (05.V) ITEM 6 COUNCIL/AGENCY MEETING SCHEDULE Motion by Mrs. Decker, seconded by Ms McNutt, that Council approve Town Council/Redevelopment Agency Meeting Schedule for 2004-2005 Fiscal Year. Carried unanimously. (06.28) ITEM 7 COMMISSION WORK PLANS 2004-2005 Motion by Mrs. Decker, seconded by Ms McNutt, that Council approve the 2004-2005 Town Council and Board/Committee/Commissions Retreat issues matrix and tentative work plans for 2004-2005. Carried unanimously. (07.28) ITEM 8 TERMS OF OFFICE RECRUITMENT APPOINTMENTS BOARDS Motion by Mrs. Decker, seconded by Ms McNutt, that Council: A.Accept the recommendation to standardize the expiration of Town Board, Committee, and Commission (referred to collectively as “commissions”) Terms of Office so that all Terms of Office will expire on December 31st. N:\CLK\A MARIAN'S FILE\Draft Minutes\4MM-06-21-04.wpd 2 TIME ITEM ACTION ON ITEM COMMISSIONS B.Approve the recommended changes to the recruitment, interview, and appointment process of commissioners. Carried unanimously. (08.12) ITEM 9 PLACE FOR TEENS RECREATION DEPT Motion by Mrs. Decker, seconded by Ms McNutt, that Council authorize Town Manager to execute letter of approval to allow subcontract of “A Place for Teens” agreements. Carried unanimously. (09.32) ITEM 10 TOWN’S INVESTMENT POLICY Resolution 2004-87 Motion by Mrs. Decker, seconded by Ms McNutt, that Council adopt Resolution 2004-87 entitled, RESOLUTION OF TOWN OF LOS GATOS ACCEPTING INVESTMENT POLICY DATED JUNE 24, 2002. Carried unanimously. (10.09) 7:11 PM CONSENT ITEMS CONSENT ITEMS CONTINUED ITEM 11 TOWN’S FEE SCHEDULE Resolution 2004-88 ITEM 11 - WAS PULLED AND HEARD AFTER ITEM 19 Motion by Ms McNutt, seconded by Mr. Pirzynski, that Council adopt Resolution 2004-88 entitled, RESOLUTION OF TOWN OF LOS GATOS AMENDING THE TOWN’S COMPREHENSIVE FEE SCHEDULE. Carried unanimously. (11.03) ITEM 12 ENGINEERING DESIGN STANDARDS Resolution 2004-89 Motion by Mrs. Decker, seconded by Ms McNutt, that Council adopt Resolution 2004-89 entitled, RESOLUTION OF TOWN OF LOS GATOS APPROVING THE TOWN OF LOS GATOS ENGINEERING DESIGN STANDARDS. Carried unanimously. (12.24) ITEM 13 Resolution 2004-90 NORTH LOS GATOS STREET REPAIR FEDERAL FUNDING Motion by Mrs. Decker, seconded by Ms McNutt, that Council adopt Resolution 2004-90 entitled, RESOLUTION OF TOWN OF LOS GATOS AUTHORIZING THE FILING OF AN APPLICATION FOR FEDERAL SURFACE TRANSPORTATION FUNDING FOR THE NORTH LOS GATOS STREET RESURFACING PROJECT AND COMITTING THE NECESSARY NON- FEDERAL MATCH FOR THE PROJECT(S) AND STATING THE ASSURANCE OF THE TOWN OF LOS GATOS TO COMPLETE THE PROJECT. Carried unanimously. (14.24) ITEM 14 Resolution 2004-91 POLICE DEPT. COMPUTER MAINTENANCE TIBURON INC. Motion by Mrs. Decker, seconded by Ms McNutt, that Council adopt Resolution 2004-91 entitled, RESOLUTION OF TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO EXECUTE AN AGREEMENT WITH TIBURON, INC. FOR AN EXTENDED FIVE YEAR SERVICE MAINTENANCE AGREEMENT, for the Police Department computer aided dispatch and records management system. Carried unanimously. (14.42-36) ITEM 15A Resolution 2004-92 PUBLIC ART LOAN ERIC ZIEMELIS Motion by Mrs. Decker, seconded by Ms McNutt, that Council adopt Resolution 2004-92 entitled, RESOLUTION OF TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO EXECUTE A LOAN RECEIPT WITH ERIC ZIEMELIS FOR THE ART WORK “EOLIAN”. Carried unanimously. (15.24) N:\CLK\A MARIAN'S FILE\Draft Minutes\4MM-06-21-04.wpd 3 TIME ITEM ACTION ON ITEM “EOLIAN” 7:11 PM CONSENT ITEMS CONSENT ITEMS CONTINUED ITEM 15B Resolution 2004-93 PUBLIC ART LOAN MARILYN KUKSHT “PORTALS AND PASSAGES” Motion by Mrs. Decker, seconded by Ms McNutt, that Council adopt Resolution 2004-93 entitled, RESOLUTION OF TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO EXECUTE A LOAN RECEIPT WITH MARILYN KUKSHT FOR THE ART WORK “PORTALS AND PASSAGES”. Carried unanimously. (15.24) ITEM 16 ORDINANCE 2133 TOWN CLERK’S DUTIES Motion by Mrs. Decker, seconded by Ms McNutt, that Council adopt Ordinance 2133 entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING ARTICLE I OF CHAPTER 1 OF THE LOS GATOS TOWN CODE REGARDING THE RESPONSIBILITIES OF THE TOWN CLERK. Carried unanimously. (16.29) REDEVELOPMENT CONSENT REDEVELOPMENT AGENCY ITEM 17 ACCOUNTS PAYABLE FOR JUNE 2004 Motion by Mrs. Decker, seconded by Ms McNutt, that the Agency ratify the check register for accounts payable invoice paid June 11, 2004 in the amount of $4,029.60. Carried unanimously. (03.V) 7:11 PM COUNCIL/AGENCY CONSENT TOWN COUNCIL/REDEVELOPMENT AGENCY ITEM 18 Resolutions 2004-94 & 2004-10RD STREETSCAPE GATEWAY DOWNTOWN IMPROVEMENTS FEDERAL TRANSPORTATION FUNDS Motion by Mrs. Decker, seconded by Ms McNutt, that Council/Agency adopt Resolutions 2004-94 & 2004-10RD entitled, RESOLUTION OF THE TOWN COUNCIL/REDEVELOPMENT AGENCY OF THE TOWN OF LOS GATOS AUTHORIZING THE FILING OF AN APPLICATION FOR FEDERAL SURFACE TRANSPORTATION FUNDS THROUGH THE METROPOLITAN TRANSPORTATION COMMISSION’S “TRANSPORTATION FOR LIVABLE COMMUNITIES” PROGRAM FOR THE DOWNTOWN STREETSCAPE AND GATEWAY IMPROVEMENTS AND COMMITTING THE NECESSARY LOCAL MATCH FOR THE PROJECTS AND STATING THE ASSURANCE OF THE TOWN OF LOS GATOS AND REDEVELOPMENT AGENCY TO COMPLETE THE PROJECT. Carried unanimously. (18.24) 7:11 PM COUNCIL/AGENCY CONSENT TOWN COUNCIL/REDEVELOPMENT AGENCY CONTINUED ITEM 19 MINUTES JUNE 7, 2004 Motion by Mrs. Decker, seconded by Ms McNutt, that the Town Council/Redevelopment Agency approve the Minutes of the Joint Regular Meeting of June 7, 2004 as submitted. Carried unanimously. (19.V) Request by Ms McNutt to place the May 17, 2004 minutes on the Town Council meeting of June 29, 2004. Council consensus to do so. N:\CLK\A MARIAN'S FILE\Draft Minutes\4MM-06-21-04.wpd 4 TIME ITEM ACTION ON ITEM 7:13 PM ITEM 11 SPEAKER TOWN’S FEE SCHEDULE Resolution 2004-88 ITEM 11 - WAS PULLED AND HEARD AFTER ITEM 19 Speaker Ray Davis spoke on this item and noted that he had not found any development impact fees for the school districts in the present schedule. He asked Council to address this lack in the schedule. Town Attorney Korb noted that the school district had jurisdiction on setting their own fees and the Town did collect on those fees during the building permit processes. Motion by Ms McNutt, seconded by Mr. Pirzynski, that Council adopt Resolution 2004-88 entitled, RESOLUTION OF TOWN OF LOS GATOS AMENDING THE TOWN’S COMPREHENSIVE FEE SCHEDULE. Carried unanimously. (11.03) 7:20 PM COMMUNICATIONS VERBAL COMMUNICATIONS 7:20 PM SPEAKER Ray Davis spoke of the Monte Sereno meeting concerning the traffic safety issues on Highway 9, and asked why Los Gatos Council had not sent a representative to that meeting. He spoke of the need for improvements by CalTrans on a road with few improvements since the 1940's. Council responded noting the many meetings that have been attended and the work that is in progress. 7:26 PM SPEAKER Marian Cosgrove addressed a letter published in the Weekly which spoke of the lack of passport service facility in town. She noted the passport service offered in the clerk’s office and spoke of the clients’ appreciation for the convenience this service offers them, their family and friends. 7:27 PM PUBLIC HEARINGS PUBLIC HEARINGS 7:27 PM ITEM 20 SKATEBOARD PARK LOCATION MILES AVENUE CORPORATION YARD PROPOSED LOCATION OF SKATEBOARD PARK (20.33) Mayor Glickman stated that this was the time and place duly noted for public hearing to consider the following: A.Consider approving the Town-owned parking lot on Miles Ave. As the location for a skateboard park and directing staff to proceed with a design of a skateboard park at this location. B.Consider authorizing the Town Manager to negotiate and execute an agreement with Indigo Architects to undertake the skateboard park design. C.Consider authorizing budget adjustment increasing authorized appropriations in the Town’s skatepark Project 410-0412 in the amount of $25,000 and a contingency of $5,000 to be transferred from the Town’s GFAR (Fund 400) Fund Balance. 7:30 PM STAFF REPORT Pamela Jacobs, Assistant Town Manager, gave a report on the progress of building a skateboard park for the youth of Los Gatos. *There would be sufficient parking with possible reconfiguration of angled spaces *There would be sufficient supervision due to the high volume of N:\CLK\A MARIAN'S FILE\Draft Minutes\4MM-06-21-04.wpd 5 TIME ITEM ACTION ON ITEM people who pass by for many reasons such as residents, employees, police, trail users, and league games *The initial study with CEQA report and preliminary design will go before the Planning Commission for a conditional use permit *Potential impacts of traffic to residential areas were discussed *Bonds, funds and grant possibilities will be studied along with fund raising by community *Funds to be secured before proposal goes to design or to bid *There was discussion of ongoing operational and maintenance costs *Above ground flexible ramps were compared to permanent concrete ramps *Bruce Payle with Indigo Architects was present and explained some of the possibilities of the site showing a maximum 17,000 square feet for the park, landscaping and parking 7:55 PM CAMPBELL PARK DIRECTORS *Chris Guerney & Brad Barrens, recreational leaders from the Campbell skateboard park, spoke concerning the operational style, rules and regulations, and behavioral expectations they have of the users of the facility. PUBLIC HEARINGS PUBLIC HEARINGS CONTINUED 8:00 PM ITEM 20 PROPOSED LOCATION OF SKATEBOARD PARK (20.33) HEARING CONTINUED SPEAKERS ITEM 20--SPEAKERS FOR SKATEBOARD PARK 8:00 PM SPEAKERS Eric Reichwein, spoke in favor of concrete ramps Ray Davis, asked that Council pass increased development impact fees for park improvements and use the funds for the skateboard park. He asked that the use permit be approved before moving forward and all discussion remain conceptual at this time. Jim Waite supported the location and the access of this site to the trails from the high school and the junior high. He was in favor of requiring protective gear. Randi Chen, supported the park in general but believes that $50,000 from the General Fund for operational costs at this time is too much. Asked that fees be required for use so as to maintain the park. She spoke of issues with increased noise, traffic, safety issues, speeders including increased needs for police to be at the site. She emphasized the grade of the hill and the speed the skaters will be traveling as they hit the cross walk of the trail and stop signs. Jan Bright, Edelen resident supported the concepts of the park and its location. Asa Branden, asked strongly for concrete and suggested that bumplets may prove to be unsafe for the boarders and pedestrians. Bruce Playle, representing Indigo Architects., supported the meetings and planning sessions for neighborhood, skaters and Town. He would like to participate actively in the study sessions also. Alan Engel was concerned about misbehavior at the park and the increased parking problems in the area. N:\CLK\A MARIAN'S FILE\Draft Minutes\4MM-06-21-04.wpd 6 TIME ITEM ACTION ON ITEM Bret Gordon noted he lived in the Edelen Heights Apartments and his unit faces where the park will be built. He feels his views will be ruined. Kevin Thatcher, editor of Thrasher magazine and skater for 40 years, suggested that the behavior of the children not be a topic of concern. Over the years he has found that they supervise themselves and the skating locations. He believes that a concrete park would be the best to build at this time without fencing or supervision. He believes the location is beautiful and the parking accommodations are good. He thinks the costs can be greatly decreased. Susan Hoffman said a good concrete park is needed, and safety equipment should be worn. She asked that Town design an excellent park, if not a huge park at this site. 8:00 PM ITEM 20 PROPOSED LOCATION OF SKATEBOARD PARK (20.33) HEARINGS CONTINUED SPEAKERS CONT.ITEM 20--SPEAKERS FOR SKATEBOARD PARK–CONT. 8:00 PM SPEAKERS CONTINUED Susan Hoffman cont. suggested the very young children continue to use parks like those in Campbell but for Los Gatos to build the best they can and follow normal requirements for safety while boarding on a public street. Post clear rules and regulations for the use of the park. Elizabeth Ross was clear that the community should raise the funding for this park. Chris Miller spoke in support of the park in this location. Mark Allen asked for the park and more study to determine what is right, wrong, and what will work. Noted Sunnyvale’s desirable park. 8:40 PM ITEM 20 CLOSED HEARING PUBLIC HEARING CLOSED Mayor Glickman, closed the public hearing. 8:45 PM ITEM 20A MOTION ON LOCATION Motion by Mr. Pirzynski, seconded by Ms McNutt, that Council approve the Town owned parking lot on Miles Avenue as the location for a skateboard park and direct staff to proceed with a design for a skateboard park at this location. Carried unanimously. 8:48 PM ITEM 20 COUNCIL DISCUSSION AND CONSENSUS COUNCIL DISCUSSION ON SKATEBOARD PARK *Self policing a viable option *Misbehavior of individuals must be monitored by the skateboard community *Site has appropriate parking to accommodate facility of that size *It is on the Creek Trail for alternative travel route *Hold study sessions with focus groups on specific issues *Open to concrete instead of steel *Needs to be a community effort (parents-skaters-town staff) in identifying resources and procuring funds *Possibilities of self-sustaining funding and cost recovery 8:55 PM ITEM 20B PARK DESIGN WITH Motion by Mr Pirzynski, seconded by Ms McNutt, that Council authorize the Town Manager to negotiate and execute an agreement with Indigo Architects to undertake the skateboard park design. N:\CLK\A MARIAN'S FILE\Draft Minutes\4MM-06-21-04.wpd 7 TIME ITEM ACTION ON ITEM INDIGO Carried unanimously. ITEM 20 PROPOSED LOCATION OF SKATEBOARD PARK (20.33) HEARINGS CONTINUED 8:56 PM ITEM 20C FUNDING FOR SKATEBOARD PARK Motion by Mr Pirzynski, seconded by Ms McNutt, that Council authorize budget adjustment increasing authorized appropriations in the town’s skatepark project 410-0412 in the amount of $25,000 and a contingency of $5,000 to be transferred from the town’s GFAR (fund 400) fund balance. Carried unanimously. ITEM 20 COUNCIL CONSENSUS DISCUSSION AFTER THE MOTION *Proceed with site evaluation and resource identification *Hold workshops to have skaters’ input concerning design and community participation in funding *Take into consideration what might cause concerns during excavation *Flexibility to be used while working through this project 8:59 PM MAYOR GLICKMAN LEFT MEETING Mayor Glickman explained his request to leave the meeting at this time due to health issues. Vice Mayor Wasserman took the gavel. 9:00 PM ITEM 21 BRUSH ABATEMENT PUBLIC HEARING TO CONSIDER ABATEMENT OF HAZARDOUS VEGETATION (BRUSH) Vice Mayor Wasserman stated that this was the time and place duly noted for public hearing to consider adopting resolution overruling objections and ordering hazardous vegetation abatement (brush). The hearing was called and there was no one from the audience to address the issue. ITEM 21 MOTION ON BRUSH ABATEMENT Resolution 2004-95 Motion by Mrs. Decker, seconded by Mr. Pirzynski, that Council adopt Resolution 2004-95 entitled, RESOLUTION OF TOWN OF LOS GATOS OVERRULING OBJECTIONS AND ORDERING ABATEMENT OF HAZARDOUS VEGETATION (BRUSH) AS A PUBLIC NUISANCE. Carried unanimously. (21.33) 9:01 OTHER BUSINESS OTHER BUSINESS - ITEM 22 9:02 PM ITEM 22 WEST VALLEY SANITATION DISTRICT AGREEMENT WEST VALLEY SANITATION DISTRICT AGREEMENT Vice Mayor Wasserman stated that this was the time and place duly noted to consider adopting resolution approving continuation agreement and amendment #3 to the agreement between the Town and District. There was no one to discuss this issue nor were there questions raised by Council due to the complete staff report and ongoing negotiations. ITEM 22 Motion by Mrs. Decker, seconded by Mr. Pirzynski, that Council N:\CLK\A MARIAN'S FILE\Draft Minutes\4MM-06-21-04.wpd 8 TIME ITEM ACTION ON ITEM MOTION ON SANITATION DISTRICT AGREEMENT Resolution 2004-96 adopt Resolution 2004-96 entitled, RESOLUTION OF TOWN OF LOS GATOS APPROVING A CONTINUATION AGREEMENT AND AMENDMENT #3 TO THE AGREEMENT BETWEEN THE TOWN OF LOS GATOS AND WEST VALLEY SANITATION DISTRICT TO JUNE 30, 2005 TO ALLOW FOR THE DEVELOPMENT AND IMPLEMENTATION OF A TRANSITION PLAN TO TRANSFER MAINTENANCE RESPONSIBILITIES FOR THE LOS GATOS SEWER COLLECTION SYSTEM FROM THE TOWN OF LOS GATOS TO WEST VALLEY SANITATION DISTRICT. Carried unanimously. (22.40) 9:03 PM ITEM 23 COUNCIL MATTERS Sandy Decker asked questions concerning conditional use permits as they relate to formula businesses. Council Consensus was to ask that the Manager place this issue on an upcoming agenda. Diane McNutt complemented staff and San Jose Water for all the efforts that have gone into making the Reservoir Road project successful. 9:13 PM ITEM 24 MANAGER MATTERS MANAGER’S MATTERS (24.28) Debra Figone addressed the Town Hall Neighborhood Meeting to be held at Shir Hadash on Cherry Blossom, Tuesday, June 29th at 6:45. 9:14 ADJOURNMENT Vice Mayor Wasserman adjourned this evening’s meeting at 9:14 pm. N:\CLK\A MARIAN'S FILE\Draft Minutes\4MM-06-21-04.wpd 9 Town Council Minutes June 21, 2004 Redevelopment Agency Los Gatos, California ATTEST: Marian V. Cosgrove Town Clerk Secretary to the Redevelopment Agency N:\CLK\A MARIAN'S FILE\Draft Minutes\4MM-06-21-04.wpd 10