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Item 7 Staff Report Town Council Minutes of April 15, 2002DATE: TO: FROM: SUBJECT: COUNCIL AGENDA REPORT MAY 1, 2002 MAYOR AND TOWN COUNCIL TOWN CLERK TOWN COUNCIL MINUTES OF APRIL 15, 2002 MEETING DATE: 05/06/02 ITEM NO. ri RECOMMENDATION: Review informational memo, and adopt the Council Minutes of April 15, 2002. DISCUSSION: For many years the Town has had a practice of including the addresses of public speakers in the minutes. Given the advances in technology and the fact that we now post the minutes on the web, it has come to our attention that speakers have concerns for their privacy. The Town Clerk's Office has done some research on the use of personal addresses in the Town Council minutes. It was found that 75% of California cities do not use individual's addresses in their minutes. The Town Attorney has suggested that Council follow this same procedure. The latest set of minutes, appearing on tonight's agenda, have eliminated the individual addresses of the speakers. The Information Practices Act of 1977 states in part that in order to protect the privacy of individuals it is necessary that the maintenance and dissemination of personal information be subject to certain limits. It is noted on the speaker's cards that information requested is voluntary, and staff has always kept speaker's personal information for internal use only. PREPARED BY: MARIAN V. COSGROVE Town Clerk MVC:mjr TC:D13:TC050602 Reviewed by: Attorney i`1/ Manager Revised: 5/2/02 4:49 PM Refoirnatted: 10/23/99 DRAFT TOWN OF LOS GATOS Council Meeting CALIFORNIA Date: 05/06/02 TOWN COUNCIL/PARKING AUTHORITY Item #: JOINT REDEVELOPMENT AGENCY April 15, 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 7:05 p.m., Monday, April 15, 2002, in joint regular 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 pursuant to Government Code Section 54957.6 regarding Labor Negotiations to discuss Town Employees' Association with Town Negotiator Gary Rogers, Human Resources Director. Council gave direction and there was no reportable action taken. Pursuant to Government Code Section 54957.6 regarding Labor Negotiations to discuss Police Chief with Town Negotiator Gary Rogers, Human Resources Director. Council gave direction and there was no reportable action taken. Pursuant to Government Code Section 54956.9 regarding Conference with Legal Counsel regarding Existing Litigation concerning McMurtry & Bell vs. Town of Los Gatos. Council gave direction and there was no reportable action taken. Pursuant to Government Code Section 54956.8 regarding Conference with Real Property Negotiator concerning Vasona Park Property off Blossom Hill Road and Negotiations between Town of Los Gatos and the County of Santa Clara. Subject under negotiation was the Price and Terms of a Potential Lease of Land for a Proposed Skateboard Park. Council gave direction and there was no reportable action taken. TREE CITY U.S.A./CALIFORNIA DEPARTMENT OF FORESTRY/PRESENTATION (XX.33) Mayor Attaway received a Presentation from the California Department of Forestry & Fire Protection and the Arbor Day Association for the twenty-second year of having qualified to receive the Tree City U.S.A. Award. Mr. Eric Wood, from the Department of Forestry made the presentation to our Town. TC:D13:MM041502 Town Council Minutes April 15, 2002 Redevelopment Agency Los Gatos, California COMMENDATION/WERNER BARACKER/ARTS COMMISSIONER (XX.28) Mayor Attaway presented a Commendation from the Town to Werner Baracker posthumously for his years of service on the Arts Commission. Dave Breidenthal was present to receive Mr. Baracker's commendation for his family and thanked Council and the Town for this recognition. COMMENDATION/WILL CALHOUN/COMMUNITY SERVICES COMMISSION (XX.28) Mayor Attaway presented a Commendation from the Town to Will Calhoun for his service on the Community Services Commission. Mr. Calhoun was present to receive his commendation, thanked Council and the Town for the opportunity to have served Los Gatos. COMMENDATION/GRAHAM BURROWS/PARKS & PUBLIC WORKS VOLUNTEER (XX.28) Mayor Attaway presented a Commendation from the Town to Graham Burrows for his years of service to the Parks & Public Works Department as a Volunteer. Mr. Burrows was present to receive his commendation and thanked Council and the Town for the opportunity to have served the Town in this capacity. SCHEDULE OF PUBLIC HEARINGS (01.28) Motion by Mr. Blanton, seconded by Mrs. Decker, to accept and file informational report regarding currently scheduled public hearings. Carried unanimously. COUNTY REFERRALS (02.31) Motion by Mr. Blanton, seconded by Mrs. Decker, that Council accept the report concerning County Referrals: NUMBER LOCATION APPLICANT REQUEST RECOMMENDATION 8385 16326 W. La Chiquita Ave Clark Special Permit Approval/One Condition Carried unanimously. PLANNING COMMISSION/COMMUNITY DEVELOPMENT DEPT/MONTHLY REPORT (03.31) Motion by Mr. Blanton, seconded by Mrs. Decker, to accept and file informational item regarding Planning Commission and Community Development Department monthly status report. Carried unanimously. RATIFICATION OF PAYROLL/MARCH 2002 (04.V) Motion by Mr. Blanton, seconded by Mrs. Decker, that Council ratify the check registers for the payroll of March 17, 2002 through March 30, 2002, paid on April 5, 2002 in the amount of $511,217.39. Carried unanimously. ACCOUNTS PAYABLE/RATIFICATION/MARCH-APRIL 2002 (05.V) Motion by Mr. Blanton, seconded by Mrs. Decker, that Council ratify the accompanying check registers for accounts payable invoices paid on March 25, 2002 and April 5, 2002 in the amount of $763,418.54. Carried unanimously. TC:D13:MM041502 2 Town Council Minutes April 15, 2002 Redevelopment Agency Los Gatos, California A PLACE FOR TEENS/ADDITIONAL FUNDING (09.32) Motion by Mr. Blanton, seconded by Mrs. Decker, that Council approve additional funding of $4,000 for the year 2001-2002 for A Place for Teens. Carried unanimously. CIVIC CENTER/LIBRARY MASTER PLANNING PROJECT/RESOLUTION 2002-42 (10.32) Motion by Mr. Blanton, seconded by Mrs. Decker, that Council adopt Resolution 2002-42 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING TOWN MANAGER TO EXECUTE AGREEMENT WITH ANDERSON BRULE ARCHITECTS TO SERVE AS CONSULTANTS IN THE DEVELOPMENT OF A STRATEGIC MASTER PLAN FOR THE LOS GATOS CIVIC CENTER AND LIBRARY, and authorize a budget up to the amount of $252,450 for the Civic Center/Library Master Planning project based on phased scoping of the project, and authorize budget adjustment increasing Civic Center/Library Master Planning project by $72,450 to be funded from the General Fund reserve for Civic Center improvements. Carried unanimously. TREE CITY USA/RESOLUTION 2002-43 (11.33) Motion by Mr. Blanton, seconded by Mrs. Decker, that Council adopt Resolution 2002-43 entitled, RESOLUTION OF THE TOWN OF LOS GATOS DESIGNATING THE TOWN OF LOS GATOS AS "TREE CITY USA" FOR THE 22`"D CONSECUTIVE YEAR. Carried unanimously. LA RINCONADA 7/LA RINCONADA DRIVE 14548/ANNEXATION/RESOLUTION 2002-44 (12.14) Motion by Mr. Blanton, seconded by Mrs. Decker, that Council adopt Resolution 2002-44 entitled, RESOLUTION OF THE TOWN OF LOS GATOS ORDERING THE REORGANIZATION OF CERTAIN UNINHABITED TERRITORY DESIGNATED AS LA RINCONADA 7 TO THE TOWN OF LOS GATOS. Carried unanimously. FERRIS AVENUE 7/APN: 532-07-091/ANNEXATION/RESOLUTION 2002-45 (13.14) Motion by Mr. Blanton, seconded by Mrs. Decker, that Council adopt Resolution 2002-45 entitled, RESOLUTION OF THE TOWN OF LOS GATOS RESCINDING RESOLUTION 2001-7 AND ORDERING THE REORGANIZATION OF CERTAIN UNINHABITED TERRITORY DESIGNATED AS FERRIS AVENUE 7 TO THE TOWN OF LOS GATOS. Carried unanimously. SILICON VALLEY INTELLIGENT TRANSPORTATION SYSTEMS (SV-ITS)/PROJECT 0214 ADVANCED CUTTING & PAVING COMPANY/LOW BID/RESOLUTION 2002-46 (14.24) Motion by Mr. Blanton, seconded by Mrs. Decker, that Council adopt Resolution 2002-46 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AWARDING A CONSTRUCTION CONTRACT FOR PROJECT 0214 (SV-ITS) ENHANCEMENT, which declares Advanced Cutting & Paving Company to be the lowest responsible bidder on the project and awarding a construction contract (Exhibit A) in the amount of $29,900 and authorizing budget amendment as recommended in the fiscal impact section. Carried unanimously. TC:D 13:MM041502 3 Town Council Minutes April 15, 2002 Redevelopment Agency Los Gatos, California TOWN SERVICE CENTER IMPROVEMENTS/ENGINEERING OFFICE PARKING LOT AMERICAN ASPHALT COMPANY/PROJECT 0206/RESOLUTION 2002-47 (15.24) Motion by Mr. Blanton, seconded by Mrs. Decker, that Council adopt Resolution 2002-47 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AWARDING A CONSTRUCTION CONTRACT IN THE AMOUNT OF $33,215 TO AMERICAN ASPHALT COMPANY FOR PROJECT 0206, TOWN SERVICE CENTER IMPROVEMENTS, (ENGINEERING PARKING LOT). Carried unanimously. LANDSCAPING AND LIGHTING ASSESSMENT DISTRICTS 1 & 2/RESOLUTION 2002-48 PRELIMINARY APPROVAL OF ENGINEER'S REPORT/FISCAL YEAR 2002-2003 (16A.26) Motion by Mr. Blanton, seconded by Mrs. Decker, that Council adopt Resolution 2002-48 entitled, RESOLUTION OF THE TOWN OF LOS GATOS FOR PRELIMINARY APPROVAL OF ENGINEER'S REPORT CONCERNING LANDSCAPING AND LIGHTING ASSESSMENT DISTRICTS 1 & 2. Carried unanimously. BLACKWELL DRIVE BENEFIT ZONE/FY 2002-2003/RESOLUTION 2002-49 (16B.26) Motion by Mr. Blanton, seconded by Mrs. Decker, that Council adopt Resolution 2002-49 entitled, RESOLUTION OF THE TOWN OF LOS GATOS OF INTENT TO LEVY AND COLLECT ASSESSMENTS FOR FISCAL YEAR 2002-2003 IN LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT #1 - BLACKWELL DRIVE BENEFIT ZONE, AND TO SET PUBLIC MEETING AND PUBLIC HEARING TO CONSIDER THE PROPOSED ASSESSMENTS. Public Hearing to be held June 3, 2002. Carried unanimously. KENNEDY MEADOWS BENEFIT ZONE/FY 2002-2003/RESOLUTION 2002-50 (16C.26) Motion by Mr. Blanton, seconded by Mrs. Decker, that Council adopt Resolution 2002-50 entitled, RESOLUTION OF THE TOWN OF LOS GATOS OF INTENT TO LEVY AND COLLECT ASSESSMENTS FOR FISCAL YEAR 2002-2003 IN LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT #1 - KENNEDY MEADOWS BENEFIT ZONE, AND TO SET PUBLIC MEETING AND PUBLIC HEARING TO CONSIDER THE PROPOSED ASSESSMENTS. Public Hearing to be held June 3, 2002. Carried unanimously. SANTA ROSA HEIGHTS BENEFIT ZONE/FY 2002-2003/RESOLUTION 2002-51 (16D.26) Motion by Mr. Blanton, seconded by Mrs. Decker, that Council adopt Resolution 2002-51 entitled, RESOLUTION OF THE TOWN OF LOS GATOS OF INTENT TO LEVY AND COLLECT ASSESSMENTS FOR FISCAL YEAR 2002-2003 IN LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT #1 - SANTA ROSA HEIGHTS BENEFIT ZONE, AND TO SET PUBLIC MEETING AND PUBLIC HEARING TO CONSIDER THE PROPOSED ASSESSMENTS. Public Hearing to be held June 3, 2002. Carried unanimously. TC:D13:MM041502 4 Town Council Minutes April 15, 2002 Redevelopment Agency Los Gatos, California VASONA HEIGHTS BENEFIT ZONE/FY 2002-2003/RESOLUTION 2002-52 (16E.26) Motion by Mr. Blanton, seconded by Mrs. Decker, that Council adopt Resolution 2002-52 entitled, RESOLUTION OF THE TOWN OF LOS GATOS OF INTENT TO LEVY AND COLLECT ASSESSMENTS FOR FISCAL YEAR 2002-2003 IN LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT #1 - VASONA HEIGHTS BENEFIT ZONE, AND TO SET PUBLIC MEETING AND PUBLIC HEARING TO CONSIDER THE PROPOSED ASSESSMENTS. Public Hearing to be held June 3, 2002. Carried unanimously. HILLBROOK BENEFIT ZONE/FY 2002-2003/RESOLUTION 2002-53 (16F.26) Motion by Mr. Blanton, seconded by Mrs. Decker, that Council adopt Resolution 2002-53 entitled, RESOLUTION OF THE TOWN OF LOS GATOS OF INTENT TO LEVY AND COLLECT ASSESSMENTS FOR FISCAL YEAR 2002-2003 IN LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT #1 - HILLBROOK BENEFIT ZONE, AND TO SET PUBLIC MEETING AND PUBLIC HEARING TO CONSIDER THE PROPOSED ASSESSMENTS. Public Hearing to be held June 3, 2002. Carried unanimously. GEMINI COURT BENEFIT ZONE/FY 2002-2003/RESOLUTION 2002-54 (16G.26) Motion by Mr. Blanton, seconded by Mrs. Decker, that Council adopt Resolution 2002-54 entitled, RESOLUTION OF THE TOWN OF LOS GATOS OF INTENT TO LEVY AND COLLECT ASSESSMENTS FOR FISCAL YEAR 2002-2003 IN LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT #2 - GEMINI COURT BENEFIT ZONE, AND TO SET PUBLIC MEETING AND PUBLIC HEARING TO CONSIDER THE PROPOSED ASSESSMENTS. Public Hearing to be held June 3, 2002. Carried unanimously. MILES AVENUE 31/LOS GATOS CREEK VILLAGE APARTMENTS/LOAN REQUEST (17.39) Motion by Mr. Blanton, seconded by Mrs. Decker, to accept and file informational report for the Council and Redevelopment Agency, on the loan request for Los Gatos Creek Village Apartments, 31 Miles, Community Developers Local Development Co. Carried unanimously. VERBAL COMMUNICATIONS (XX.28) Telecommunications Facilities: Lucille Weidman, representing Live Oak Manor residents, spoke in support of adopting a Wireless Telecommunications Facilities Ordinance and asked that this subject be placed on an agenda. She submitted a letter and a copy of Cupertino's Wireless Communications Code. Town Manager Figone affirmed that the subject could be brought forward to Council for consideration and discussion. General Comments: Ray Davis, resident, spoke in favor of a proposed Telecommunications Facilities Ordinance, and about Council working in conformance with its policies as they relate to the General Plan. TC:D13:MM041502 5 Town Council Minutes April 15, 2002 Redevelopment Agency Los Gatos, California HEARING PENNSYLVANIA AVENUE 315/SINGLE FAMILY RESIDENCE/APPEAL (21.15) Mayor Attaway announced that this was the time and place so noted to hold the public hearing to consider an appeal of the decision of the Planning Commission approving a request to construct a new single-family residence on property zoned R-1:8. Architecture and Site Application: S-00-123. Property Location: 315 Pennsylvania Avenue. Property Owner/Applicant: Mike Grabill. Appellant: Elmer Chapson. Mrs. Decker recused herself, because her home is within 500 feet of the subject property. The following people from the audience addressed this issue: Elmer Chapson, spoke against the size and style of this proposal and its inability to fit into the historical neighborhood.. Michael Grabill, explained the proposal and the plans that had been approved at the Planning Commission. John Fox, spoke against the size, incompatibility and loss of the tree. He supported the appeal. Ray Davis, resident, spoke against the project and the use of an outside staircase accessing a potential second unit. No one else from the audience addressed this issue. Motion by Mr. Blanton, seconded by Mr. Glickman, to close the public hearing. Carried unanimously. Motion by Mr. Glickman, seconded by Mr. Blanton, that Council uphold the Planning Commission decision and deny the appeal. Carried by a vote of 4 ayes. Mr. Pirzynski voted no due to the mass and scale in relation to the neighboring homes, and due to the removal of the tree. Mrs. Decker abstained. MINUTES OF MARCH 25, 2002 (06A.V) Ray Davis, resident, asked that his comments be amplified in the minutes. Motion by Mr. Glickman, seconded by Mr. Blanton, that Council approve the Minutes of March 25, 2002 Town Council Meeting as submitted. Carried unanimously. MINUTES OF APRIL 1, 2002 (06B.V) Ray Davis, resident, asked that his comments be amplified in the minutes. Motion by Mr. Glickman, seconded by Mr. Blanton, that Council approve the Minutes of April 1, 2002 Town Council/Redevelopment Agency Meeting as submitted. Carried unanimously. TC:D 13:MM04I502 6 Town Council Minutes April 15, 2002 Redevelopment Agency Los Gatos, California TOWN COUNCIL MEETING SCHEDULE/FOR YEAR 2001-2002/AMENDED (07.28) Ray Davis, resident, asked that the schedule explain the type of meetings more clearly. Motion by Mr. Glickman, seconded by Mr. Blanton, to amend Fiscal Year 2001-2002 Town Council Meeting Schedule adding Study Session to discuss Los Gatos auto dealers and Resolution 1990-135 concerning property south of Highway 9 and east of Highway 17 (Los Gatos Lodge) for April 29 at 4:30 p.m. Carried unanimously. PLANNING COMMISSION APPOINTMENTS (08.12) Ray Davis, resident, spoke about the confusion in process occurring during the most recent appointments. Motion by Mr. Glickman, seconded by Mr. Blanton, that Council set May 20, 2002 as the date for making the selection to fill the unexpired term of Suzanne Muller on the Planning Commission. Carried unanimously. AUDITING SERVICES/MAZE AND ASSOCIATES/RESOLUTIONS 2002-55 & 2002-10RD (18.V) Ray Davis, resident, asked about the oversight procedures associated with auditor's review of the Treasurer's work. Mr. Korb, Town Attorney, noted that Council has adopted an investment policy which is reviewed annually. Mr. Conway, Finance Director, spoke to a large majority of the auditor's work being dedicated to the Town's investment portfolio. Mayor Attaway spoke of confidence in the elected treasurer who is a CPA. He also noted that a higher level of oversight could be implemented if there was a need to see that investment policies were being followed. Motion by Mr. Blanton, seconded by Mrs. Decker, that Council adopt Resolution 2002-55entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO EXECUTE AN AMENDMENT TO THE AGREEMENT WITH MAZE & ASSOCIATES FOR FINANCIAL AUDITING SERVICES FOR THE YEARS ENDING JUNE 2002 AND JUNE 2003. Carried unanimously. Motion by Mr. Blanton, seconded by Mrs. Decker, that Council adopt Resolution 2002- 1 ORDentitled, RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE TOWN OF LOS GATOS FOR THE CENTRAL LOS GATOS REDEVELOPMENT PROJECT AREA AUTHORIZING THE EXECUTIVE DIRECTOR TO EXECUTE AN AMENDMENT TO THE AGREEMENT WITH MAZE & ASSOCIATES FOR FINANCIAL AUDITING SERVICES FOR THE YEARS ENDING JUNE 2002 AND JUNE 2003. Carried unanimously. TC:D13:MM041502 7 Town Council Minutes April 15, 2002 Redevelopment Agency Los Gatos, California DOWNTOWN STREETSCAPE CONCEPT DESIGN/NORTH SANTA CRUZ AVENUE (22.31) Mr. Curtis, Parks & Public Works Director, gave a short history of the progress of this concept and suggested that Council and audience review the plans at the table by the podium and then proceed with further discussion. He spoke of the cross walk designs and the sewer infrastructure. He also noted that the electrical solutions should be completed before the paving. Speakers: Ray Davis, resident, spoke of planting non -flowering shrubs and trees so as to help diminish the pollen problems in the spring. He asked about signal poles having been placed in the street at Santa Cruz and Highway 9 and requested that they be painted with reflective paint for safety. Greg Stowers, Chair of the Chamber of Commerce, spoke about information dissemination to the businesses concerning the upgrades downtown. He noted that they would all appreciate early information concerning the progress of the project so that they could plan their business days and possible days of closure due to heavy construction near their place of business. Mayor Attaway asked that staff give abundant notice about plans and schedules so that the business community will be able to support the implementation and schedules of this project. John Curtis, Director of Public Works spoke of the plans for communicating with the businesses and home owners during this construction phase in the downtown. Council moved to the meeting table in order to view the plans and diagrams and discuss alternatives. Council Consensus: 1) Not to have raised pedestrian walkways at the intersections. 2) Sidewalk construction between Bean and Bachman will proceed at this time on both sides of Santa Cruz Ave. 3) Staff will work with owners to negotiate consistency between the new sidewalks that the Town will be building and the portions of private property sidewalks that are inconsistent with the overall construction project designs. 4) Project will be planned to move along quickly which may cause additional impacts, but businesses would prefer that to moderate impacts over a longer period of time. 5) A project manager will be hired to supervise the construction of the sidewalks and the impacts and effects of this project. 6) Funding has yet to be approved. Project and costs will return to Council for approval. John Curtis, Director of Public Works, thanked Council for direction and spoke of updates to Council and of implementing the community information program concerning the project. COUNCIL MATTERS (23.28) Mayor Attaway spoke of the trip to Sacramento and the legislative work that was done and the continuing need for cities to support keeping their revenues and not allowing the State to take them. He also thanked Mr. Blanton for the work he had done toward letting the Town's voice be heard by our legislators. TC:D13:MM041502 8 Town Council Minutes April 15, 2002 Redevelopment Agency Los Gatos, California COUNCIL MATTERS CONT. Mr. Pirzynski congratulated Jenny Haruyama for organizing the Legislative work to aide the Council Members during their visit. Mr. Blanton thanked Mrs. Haruyama and asked for ideas to generate community support for legislative action that will retain local resources within our Town for the community's needs and to insist that the State audit its revenues and institute measures to balance its budget. He noted that the State deficit is projected to be between 20 to 22 billion dollars this year. He suggested that the Mayor and Vice Mayor pursue this project and set some Council policies for this activity. Mrs. Decker supported avenues that Council may determine to contact our legislators and inform them that cities need to retain all revenues locally. She believes that the State needs to review its own budget before slashing into local municipal budgets. She is willing to make phone calls and contacts to encourage folks to speak up and attend State legislative meetings. Mr. Glickman spoke of the messages that the municipalities heard from the legislators while attending this trip to Sacramento. They were disheartening and unhopeful although the cities are still attempting to get their messages across. MANAGER MATTERS (24.28) There was no report from the Manager this evening. ADJOURNMENT Mayor Attaway closed this evening's meeting at 9:24 p.m. ATTEST: Marian V. Cosgrove Town Clerk TC:D13:MM041502 9