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M 12-06-99TOWN OF LOS GATOS CALIFORNIA TOWN COUNCIL/PARKING AUTHORITY JOINT REDEVELOPMENT AGENCY December 6, 1999/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 7:35 p.m., Monday, December 6, 1999, in joint regular session. ROLL CALL Present:Randy Attaway, Jan Hutchins, Linda Lubeck, Joe Pirzynski, and Mayor/Chairman Steve Blanton. Absent:None PLEDGE OF ALLEGIANCE Given by all in attendance. CLOSED SESSION Town Attorney, Orry Korb, announced that Council had met in Closed Session prior to this evening's meeting pursuant to Government Code Section 54956.9(a), to discuss Existing Litigation in the matter of Wong vs the Town of Los Gatos, et al. Council voted 5 to 0 to approve the settlement. Pursuant to Government Code Section 54956.9(a), Council met to discuss Existing Litigation in the mater of Burke, et al. vs the Town of Los Gatos. Council gave direction to staff. SCHEDULE OF PUBLIC HEARINGS (01.01) Informational report regarding currently scheduled public hearings was received and filed. COUNCIL CALENDAR OF MEETINGS (02.10) Informational item presenting future Town Meetings for Council and other Town Boards and Commissions was received and filed. RATIFICATION OF PAYROLL/OCTOBER-NOVEMBER 1999 (03.V) Motion by Mr. Hutchins, seconded by Mr. Attaway, that Council ratify the check registers for the payroll of October 31, 1999 through November 13, 1999, paid on November 19, 1999, in the amount of $418,508.96. Carried unanimously. ACCOUNTS PAYABLE/RATIFICATION/NOVEMBER 1999 (04.V) Motion by Mr. Hutchins, seconded by Mr. Attaway, that Council ratify the accompanying check register for accounts payable invoices paid on November 19, 1999, in the amount of $343,236.66. Carried unanimously. MINUTES OF STUDY SESSION NOVEMBER 1, 1999 (05A.V) Motion by Mr. Hutchins, seconded by Mr. Attaway, that Council approve the Minutes of November 1, 1999 Town Council/Redevelopment Agency Meeting Study Session regarding parking in the downtown as submitted. Carried unanimously. MINUTES OF NOVEMBER 22, 1999 (05B.V) Motion by Mr. Hutchins, seconded by Mr. Attaway, that Council approve the Minutes of November 22, 1999 Town Council/Redevelopment Agency Meeting as submitted. Carried unanimously. TREASURER'S REPORT (06.V) Informational report submitted by the Treasurer to the Council for the month ended October 31, 1999, was received and filed. LEE BOWMAN/CONTRACT WITH TOWN (07.10) Motion by Mr. Hutchins, seconded by Mr. Attaway, that Council accept and file report with Lee Bowman. Carried unanimously. POLICE DEPARTMENT/DONATED ITEMS/ACCEPTED (08.09) Motion by Mr. Hutchins, seconded by Mr. Attaway, that Council accept the following donated items funded from the proceeds of the Haunted Forest Halloween event sponsored by the Los Gatos Police foundation, DART, and Billy Jones Wildcat Railroad: 1)Swiftwater and Technical Rescue Equipment for DART 2)Office Photocopier for VIP unit 3)Police Connection set and production supplies for taping the weekly Public Access Television Crime Prevention Show 4)Ten portable radios for Reserve Officers 5)Technical rescue and medical team supplies for DART 6)Ten national search and rescue portable radios for DART Carried unanimously. SENIOR TASK FORCE MEMBERSHIP AND OBJECTIVES (09.20) Motion by Mr. Hutchins, seconded by Mr. Attaway, that Council approve the Senior Task Force Membership and Objectives, leaving the appointment process open to the same considerations and policies which Council uses to appoint on other boards and commissions. Carried unanimously. FIRST QUARTER BUDGET REPORT 1999-2000 (10A.05) Motion by Mr. Hutchins, seconded by Mr. Attaway, that Council accept the 1999-2000 first quarter budget report. Carried unanimously. FIRST QUARTER BUDGET ADJUSTMENTS 1999-2000 (10B.05) Motion by Mr. Hutchins, seconded by Mr. Attaway, that Council authorize budget adjustments as highlighted in the fiscal impact section of the report. Carried unanimously. AMENDMENT TO AGREEMENT/WILLDAN & ASSOC/RESOLUTION 1999-186 (10C.05) Motion by Mr. Hutchins, seconded by Mr. Attaway, that Council adopt Resolution 1999-186 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO EXECUTE AN AMENDMENT TO EXISTING AGREEMENT WITH WILLDAN & ASSOCIATES FOR ENGINEERING CONSULTANT SERVICES. Carried unanimously. POLICE TRAINEE COMPENSATION/FISCAL YEAR 1999-2000/RESOLUTION 1999- 179 (10D.09) Motion by Mr. Hutchins, seconded by Mr. Attaway, that Council adopt Resolution 1999-179 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AMENDING POLICE TRAINEE COMPENSATION FOR FISCAL YEAR 1999- 2000. Carried unanimously. TREE PRUNING AND REMOVAL/PROJECT 0019/RESOLUTION 1999-185 (11.35) Motion by Mr. Hutchins, seconded by Mr. Attaway, that Council award contract and adopt Resolution 1999-185 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO EXECUTE AN AGREEMENT WITH DAVEY TREE EXPERT COMPANY FOR PROJECT 0019 - TREE PRUNING AND REMOVAL IN AN AMOUNT NOT TO EXCEED $25,491. Carried unanimously. DELTA DENTAL PLAN OF CALIFORNIA/RESOLUTION 1999-180 (12.14) Motion by Mr. Hutchins, seconded by Mr. Attaway, that Council adopt Resolution 1999-180 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO EXECUTE AN AGREEMENT WITH DELTA DENTAL PLAN OF CALIFORNIA. Carried unanimously. UNIVERSITY AVE 229/HISTORIC DEMOLITION/RESOLUTION 1999-181 (13.09) Motion by Mr. Hutchins, seconded by Mr. Attaway, that Council adopt Resolution 1999-181 entitled, RESOLUTION OF THE TOWN OF LOS GATOS REMANDING TO THE PLANNING COMMISSION AN APPEAL OF A DECISION OF THE PLANNING COMMISSION DENYING A MINOR RESIDENTIAL DEVELOPMENT APPLICATION TO CONSTRUCT A SECOND STORY ADDITION AND MINOR ARCHITECTURAL AND SITE APPLICATION TO PROJECT INTO THE REQUIRED SETBACKS ON A NONCONFORMING LOT ZONED R-1D LHP. Carried unanimously. ANNUAL REPORT OF THE REDEVELOPMENT AGENCY/RESOLUTION 1999-182 (14.47) Motion by Mr. Hutchins, seconded by Mr. Attaway, that Council adopt Resolution 1999-182 entitled, RESOLUTION OF THE TOWN COUNCIL/REDEVELOPMENT AGENCY OF THE TOWN OF LOS GATOS APPROVING THE 1998-99 ANNUAL REPORT FOR THE LOS GATOS REDEVELOPMENT AGENCY. Carried unanimously. ANNUAL SIDEWALK RECONSTRUCTION/PROJECT 0001/RESOLUTION 1999-183 (15.35) Motion by Mr. Hutchins, seconded by Mr. Attaway, that Council award contract and adopt Resolution 1999-183 entitled, RESOLUTION OF THE TOWN COUNCIL/REDEVELOPMENT AGENCY OF THE TOWN OF LOS GATOS AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH J.J.R. CONSTRUCTION, INC. FOR THE CONSTRUCTION OF PROJECT 0001 - ANNUAL SIDEWALK, CURB AND GUTTER RECONSTRUCTION, and approve budget including a 15% contingency. Carried unanimously. VERBAL COMMUNICATIONS Calvary Baptist Church Parking Lot: Nancy Walker, 16791 Loma Street, delineated the problems between the Church and the neighbors in regards to insufficient landscaping; light shields that are not adequately shielding the neighbors' property; and the overflow parking lot being used at inappropriate times. She asked that the Church's conditional use permit be revoked. VERBAL COMMUNICATIONS CONT. Calvary Baptist Church Parking Lot Continued: Council request that staff return with report addressing the Church's compliance to its conditional use permit and to address the safety issue of the level of lighting in the Church parking lot. Intensification of Use Downtown: Larry Arzie, 18000 Overlook Road, asked how use permits are granted in the central business district so as to help eliminate intensification of business and its impacts on parking and traffic. HEARINGS HAZARDOUS VEGETATION/WEED ABATEMENT/RESOLUTION 1999-184 (16.28) Mayor Blanton stated that this was the time and place duly noted for public hearing to consider adopting resolution overruling objections and ordering abatement of hazardous vegetation (weeds). No one from the audience addressed this issue. Motion by Mr. Attaway, seconded by Mr. Pirzynski, to close the public hearing. Carried unanimously. Motion by Mr. Attaway, seconded by Mrs. Lubeck, that Council adopt Resolution 1999-184 entitled, RESOLUTION OF THE TOWN OF LOS GATOS OVERRULING OBJECTIONS AND ORDERING ABATEMENT OF HAZARDOUS VEGETATION (WEEDS) AS A PUBLIC NUISANCE. Carried unanimously. SPECIFIC PLAN FOR THE NORTH FORTY AREA (17.46) Mayor Blanton stated that this was the time and place duly noted for public hearing to consider a Specific Plan for the North Forty Area of the Town of Los Gatos. No significant environmental impacts have been identified as a result of this project, and a mitigated Negative Declaration is recommended. Negative Declaration ND-99-0008. Applicant: Town of Los Gatos. The following people from the audience spoke to this issue: Ron Pflugrath, with William Frost & Associates, office in San Jose, gave an overview of the Draft North Forty Specific Plan as it has been delineated at this time with input from many committees over the last eight years. Eileen Werner, 16400 Bonnie Lane, asked that organized sports be accommodated in the North Forty. She asked for one third of the property to be dedicated to youth sports programs. She addressed the need for recreational facilities in town. She noted the impacts on the schools' facilities and fields and the growing need for this dedication. Michele Jehenson, 15192 Karl Ave, assisted Ms Werner with her presentation. She presented a diagram showing the area that she would hope could be dedicated for sports fields and facilities. Richard Fox, MD, 211 Glen Ridge Ave, spoke of developing a Children's Hospital and medical center in the North Forty, and asked that the General Plan allow for this type of use. HEARINGS CONTINUED SPECIFIC PLAN FOR THE NORTH FORTY AREA CONT: Speakers continued: Marie Stark, 20880 Canyon View Ave, Saratoga, asked Council's consideration of medical use in this area. She explained the needs of her little brother who has been experiencing major health problems. Frank Vitale, 9 Wood Lane, Menlo Park, spoke of financing a Children's Hospital in this location. Noted that this was an ideal location for a hospital and believes that Los Gatos and surrounding communities can support such a proposal. Kyle Gordman, 15276 Karl Ave, Monte Sereno, spoke of removing the large buildings which have been addressed in the present General Plan. Woody Nedom, 16280 Azalea Way, he asked for open space to be placed in the General Plan. The Specific Plan does not include any open space which the law does require. He asked that the plan be tossed and rewritten. Mike Abkin, 122 El Olivar, asked for some controls on the development and that part of the General Plan be adopted so that the Circulation Element can be followed and can become a guide to the planning of smaller parcels. He would like bike lanes added to the circulation element. He asked that the land use element be adopted so that the General Plan can be focused and that the Specific Plan and General Plan can be completed at the same time. Mark Brodsky, 17306 Grosvenor Court, Monte Sereno, asked that schools, elder care, children's hospital medical center, soccer fields, live theatre, parks, transit center, mixed use housing, under ground parking be considered in the north forty and that it all look like downtown Main Street. Kaye Little, 453 Monterey Ave, asked that decisions for the General Plan be community driven and that the small town charm of Los Gatos be maintained. Joanne Rodgers, 15287 Top of the Hill Road, asked that the Boulevard Plan be readdressed and used for the Specific Plan in the North Forty. Keep part of this area green and not solid commercial. Asked that more time be given to the plans and development of this area. Susan MD, pediatrician at Los Gatos Community Hospital, 15220 Kennedy Road, asked that the medical facility be considered by Council. Maryanne Park, Superintendent of the Los Gatos Union School District. She noted growing enrollment and asked that ten acres be dedicated for a new school site. She asked that residential not be considered in the North Forty due to the fact that it would add to the overpopulated schools in Los Gatos. Suzette Parelius, 173 Brookside Ave, San Jose, noted the need for a Children's Health Facility in our community. She had 18 people from the audience stand to show their support for this concept. No one else from the audience addressed this issue. Motion by Mr. Pirzynski, seconded by Mr. Attaway, to close the public hearing. Carried unanimously. Council Comments: Consider an ongoing process that develops over time. The property is now owned by people who need to decide what is in the community's best interest. A decision should not be made now. Owners need to be addressed concerning the sale of their property. Motion by Mr. Pirzynski, seconded by Mr. Hutchins, to not adopt the Specific Plan but delay action until the General Plan is adopted and then link the Specific Plan to the General Plan and have the Specific Plan include provisions found in the General Plan. Carried unanimously. HOLIDAY PARKING PROGRAM/SHUTTLE SERVICE (18.39) Council discussed the lack of use of the shuttle service and what should be done about fostering use or disbanding the operation. Council now has a definitive answer that this is not an actively used service and should not be continued over time. If the shuttle service cannot generate more usage the program should be disbanded. Discussion was held regarding paid parking for employees be able to park in the 3 hour zone as unlimited parking. January 3rd will end the 3 hour parking limit and a decision to extend or cancel that limit can be determined after the January 3rd Council meeting. Council asked for additional signs directing people toward free valet parking up and down University and Elm Street. Complimentary valet parking signs already exist and can be placed on the streets. Sherri Lewis, Chamber of Commerce, spoke of the outreach that was done to reach the businesses and get them to participate in the program. LOS GATOS POP WARNER JR. PEE WEE CHEERLEADING TEAM (19.20) Mayor Blanton stated that this was the time and place duly noted for public hearing to consider request from Stephanie Addison to contribute to Los Gatos Pop Warner Jr. Pee Wee cheerleading team travel expenses. Stephanie Addison, spoke of the need for monetary support for this team. They are the first Pop Warner Team in Los Gatos to make it to Nationals and they requested the Council's and Community's support for this cheer leading squad. The Council praised the team's efforts but was not prepared to offer monetary support. The Town's process for requesting funds is well established, and many non profit organizations have applied within the Town's guidelines. Council denied the request. TOWN COUNCIL MEETING SCHEDULE (20.10) Motion by Mrs. Lubeck, seconded by Mr. Pirzynski, to cancel the regular meeting of December 20, 1999 and to set a study session for January 18, 2000 at 6 p.m. Carried by a vote of 4 ayes. Mr. Hutchins voted no. GENERAL PLAN QUESTION Joanne Rodgers asked what the next steps would be for the continued General Plan review. Staff noted that once the General Plan is adopted it will return to the General Plan Committee. There will be hearings in April concerning the Land Use Map and EIR. The Task Force will come back in january for one more look and a review of the land use and transportation elements. ADJOURNMENT Motion by Mr. Pirzynski, seconded by Mr. Attaway, to adjourn this evening's meeting at 9:49 p.m. Carried unanimously. ATTEST: Marian V. Cosgrove Town Clerk