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M 07-15-02TOWN OF LOS GATOS CALIFORNIA TOWN COUNCIL/PARKING AUTHORITY JOINT REDEVELOPMENT AGENCY July 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 7:01 p.m., Monday, July 15, 2002, in joint regular session. ROLL CALL Present:Steven Blanton, Steve Glickman, Joe Pirzynski, and Mayor/Chairman Randy Attaway. Absent:Sandy Decker. 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. SCHEDULE OF PUBLIC HEARINGS (01.28) Motion by Mr. Blanton, seconded by Mr. Glickman, to accept and file informational report regarding currently scheduled public hearings. Carried by a vote of 4 ayes. Mrs. Decker absent. PLANNING COMMISSION/PLANNING DEPARTMENT MONTHLY STATUS REPORT (02.38) Motion by Mr. Blanton, seconded by Mr. Glickman, to accept and file informational report regarding activity of Planning Commission and Department. Carried by a vote of 4 ayes. Mrs. Decker absent. CODE COMPLIANCE/QUARTERLY REPORT (03.38) Motion by Mr. Blanton, seconded by Mr. Glickman, to accept and file i nformational report from the Code Compliance Officer for April through June 2002 regarding abatement of code violations. Carried by a vote of 4 ayes. Mrs. Decker absent. RATIFICATION OF PAYROLL/JUNE 2002 (04.V) Motion by Mr. Blanton, seconded by Mr. Glickman, that Council ratify the check registers for the payroll of June 9, 2002 through June 22, 2002, paid on June 28, 2002, in the amount of $562,522.47. Carried by a vote of 4 ayes. Mrs. Decker absent. N:\CLK\Council Minutes\2002\M07-15-02.wpd ACCOUNTS PAYABLE/RATIFICATION/JUNE-JULY 2002 (05.V) Motion by Mr. Blanton, seconded by Mr. Glickman, that Council ratify the accompanying check registers for accounts payable invoices paid on June 28, 2002 and July 5, 2002 in the amount of $556,178.66. Carried by a vote of 4 ayes. Mrs. Decker absent. MINUTES OF JULY 1, 2002 (06A.V) Motion by Mr. Blanton, seconded by Mr. Glickman, that the Agency/Council approve the Minutes of July 1, 2002 Council/Redevelopment Agency Civic Center/Library Master Plan Study Session Meeting as submitted. Carried by a vote of 4 ayes. Mrs. Decker absent. MINUTES OF JULY 1, 2002 (06B.V) Motion by Mr. Blanton, seconded by Mr. Glickman, that Council approve the Minutes of July 1, 2002, Joint Council/Redevelopment Agency Meeting as submitted. Carried by a vote of 4 ayes. Mrs. Decker absent. MICROSOFT WORD/OFFICE LICENCES/DELL COMPUTER CORP (07.42) Motion by Mr. Blanton, seconded by Mr. Glickman, that Council authorize Town Manager to purchase Microsoft Office licenses and software from Dell Computer Corporation in the amount of $50,262.45. Carried by a vote of 4 ayes. Mrs. Decker absent. TOWN PLAZA PARK/OPENING CELEBRATION (08.31) Motion by Mr. Blanton, seconded by Mr. Glickman, that Council accept plans for the Plaza Park Opening Celebration on September 22, 2002, including street closures, and allow banners to be hung across a downtown street announcing the Celebration in accordance to town Code Section 29.10.120. Carried by a vote of 4 ayes. Mrs. Decker absent. SCREEN ON THE GREEN/LOS GATOS FILM FESTIVAL (09.32) Motion by Mr. Blanton, seconded by Mr. Glickman, that Council accept report on “Screen on the Green in Los Gatos” and the 2002 Los Gatos Film Festival. Carried by a vote of 4 ayes. Mrs. Decker absent. STREET OVERLAY/PROJECT 0106/FISCAL YEAR 2001-02 (10.25) Motion by Mr. Blanton, seconded by Mr. Glickman, that Council accept and file report on overlay warranty for Los Gatos Boulevard and approve change order for $100,000. Carried by a vote of 4 ayes. Mrs. Decker absent. COUNCIL CHAMBERS/AUDIO UPGRADE/VIDEO PRODUCTION SYSTEM WATERFORD GROUP/RESOLUTION 2002-125 (11.42) Motion by Mr. Blanton, seconded by Mr. Glickman, that Council adopt Resolution 2002-125 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO EXECUTE AN AGREEMENT WITH THE WATERFORD GROUP TO PRO VID E AUDIO AND VIDEO DESIGN AND INSTALLATION SERVICES TO BROADCAST TOWN COUNCIL MEETINGS. Carried by a vote of 4 ayes. Mrs. Decker absent. COMPUTER AIDED DISPATCH/RECORDS MANAGEMENT SYSTEM SERVICE MAINTENANCE/TIBURON, INC/RESOLUTION 2002-126 (12.42) N:\CLK\Council Minutes\2002\M07-15-02.wpd Town Council Minutes July 15, 2002 Redevelopment Agency Los Gatos, California Motion by Mr. Blanton, seconded by Mr. Glickman, that Council adopt Resolution 2002-126 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO EXECUTE AN AGREEMENT WITH TIBURON, INC. FOR AN EXTENDE D S ERVICE MAINTENANCE AGREEMENT. Carried by a vote of 4 ayes. Mrs. Decker absent . CALIFORNIA LAW ENFORCEMENT EQUIPMENT PROGRAM (CLEEP) MOBILE DATA SOFTWARE/INSTALLATION/TIBURON, INC/$113,000 MOBILE DATA COMPUTERS/MOBILE MAN/$139,849/RESOLUTION 2002-127 (13.36) Motion by Mr. Blanton, seconded by Mr. Glickman, that Council adopt Resolution 2002-127 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO NEGOTIATE AND EXECUTE A CONTRACT WITH TIBURON, INC. IN THE AMOUNT OF $113,000 AND EXECUTE A CONTRACT WITH MOBILE MAN FOR $130,849.17 FOR THE PURCHASE OF MOBILE DATA HARDWARE, SOFTWARE, INSTALLATION AND TRAINING. Carried by a vote of 4 ayes. Mrs. Decker absent. SIDEWALKS, CURBS AND GUTTER REPLACEMENT PROGRAM/FOR YEAR 2002-03 PROJECT 0218/CB CONSTRUCTION CO/AWARD OF BID/RESOLUTION 2002-128 (14.25) Motion by Mr. Blanton, seconded by Mr. Glickman, that Council adopt Resolution 2002-128 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AWARDING A CONSTRUCTION CONTRACT TO CB CONSTRUCTION COMPANY FOR PROJECT 0218 - FY 2002-03 CURB, GUTTER, AND SIDEWALK REPLACEMENT, accepting responsible low bid of $278,604.00 and authorizing staff to execute future change orders to the construction contract up to an amount of $30,000. Carried by a vote of 4 ayes. Mrs. Decker absent. UNIVERSITY AVE 404/LOS GATOS-SARATOGA RD 92 & 96/RESOLUTION 2002-129 (15.15) Motion by Mr. Blanton, seconded by Mr. Glickman, that Council adopt Resolution 2002-129 entitled, RESOLUTION OF THE TOWN OF LOS GATOS CONCERNING APPEALS OF A DECISION OF THE PLANNING COMMISSION APPROVING THE DEMOLITION OF THREE SINGLE FAMILY RESIDENCES AND TO CONSTRUCT A MIXED USE OFFICE/APARTMENT BUILDING WITH AN ALTERNATING USE OF PARKING ON PROPERTIES ZONED O, Architecture and Site application S-01-63. Conditional Use Permit U-01-14. Negative Declaration ND-01-12. Property Location: 404 University Avenue and 92 & 96 Los Gatos-Saratoga Road. Property Owner: Marie Peterson/CM-One, LLC. Applicant: John Lien. Appellants: John Lien and Geoff Lamb. Carried by a vote of 4 ayes. Mrs. Decker absent. STREETSCAPE IMPROVEMENTS/PHASE I/SIDEWALK PROJECT PROJECT 0108/NORTH SANTA CRUZ AVENUE/RESOLUTIONS 2002-130 & 2002-22RD (16.25) Motion by Mr. Blanton, seconded by Mr. Glickman, that Council/Agency adopt Resolutions 2002-130 and 2002-22RD entitled, RESOLUTION OF THE TOWN COUNCIL/REDEVELOPMENT AGENCY OF THE TOWN OF LOS GATOS AWARDING N:\CLK\Council Minutes\2002\M07-15-02.wpd 3 Town Council Minutes July 15, 2002 Redevelopment Agency Los Gatos, California A CONSTRUCTION CONTRACT TO CB CONSTRUCTION COMPANY FOR PROJECT 0108 - NORTH SANTA CRUZ AVENUE STREETSCAPE IMPROVEMENTS - PHASE I, accepting responsible low bid of $272,855.00; authorizing staff to execute future change orders to the construction contract as necessary up to an amount of $30,000; and authorizing a budget up to an amount of $30,000 for a project communications and marketing program. Carried by a vote of 4 ayes. Mrs. Decker absent. STREETSCAPE IMPROVEMENTS/PHASE II/BEAN TO BACHMAN INTERSECTIONS PROJECT 0108/NORTH SANTA CRUZ AVENUE/RESOLUTIONS 2002-131 & 2002-23RD (17.25) Motion by Mr. Blanton, seconded by Mr. Glickman, that Council adopt Resolutions 2002- 131 and 2002-23RD entitled, RESOLUTION OF THE TOWN COUNCIL/REDEVELOPMENT AGENCY OF THE TOWN OF LOS GATOS AWARDING A CONSTRUCTION CONTRACT TO ROBERT A. BOTHMAN, INC. FOR PROJECT 0108 - NORTH SANTA CRUZ AVENUE STREETSCAPE IMPROVEMENTS - PHASE II, accepting responsible low bid of $756,252.00; authorizing staff to execute future change orders to the construction contract as necessary up to an amount of $80,000. Carried by a vote of 4 ayes. Mrs. Decker absent. VERBAL COMMUNICATIONS (XX.28) There was no one from the audience to address Council this evening under Verbal Communications. PUBLIC HEARINGS WIRELESS COMMUNICATIONS FACILITIES/URGENCY ORDINANCE 2102 (20.38) Mayor Attaway stated that this was the time and place duly noted for public hearing to consider adopting an Urgency Ordinance to extend Urgency Ordinance 2101, an Urgency Ordinance for a temporary prohibition on approvals of wireless communications facilities. There was no one from the audience to address this issue. Motion by Mr. Blanton, seconded by Mr. Glickman, to close the public hearing. Carried by a vote of 4 ayes. Mrs. Decker absent. The Town Clerk read the Title of the Proposed Urgency Ordinance. Motion by Mr. Glickman, seconded by Mr. Blanton, to waive the reading of the Proposed Ordinance. Carried by a vote of 4 ayes. Mrs. Decker absent. Motion by Mr. Glickman, seconded by Mr. Blanton, that Council introduce and adopt Proposed Urgency Ordinance 2102, (extending Ordinance 2101,) entitled, URGENCY INTERIM ORDINANCE OF THE TOWN OF LOS GATOS PROHIBITING THE APPROVAL OF APPLICATIONS FOR WIRELESS COMMUNICATIONS FACILITIES, as it appeared in a desk item before Council this evening. Carried by a vote of 4 ayes. Mrs. Decker absent. FARLEY ROAD 16920/LANDMARK HISTORIC PRESERVATION OVERLAY (21.15) Mayor Attaway stated that this was the time and place duly noted for public hearing to consider a N:\CLK\Council Minutes\2002\M07-15-02.wpd 4 Town Council Minutes July 15, 2002 Redevelopment Agency Los Gatos, California request for approval to remove the Landmark Historic Preservation (LHP) Overlay Zone from a newly created parcel fronting on Frank Avenue and to vacate a one (1) foot no access easement. Property location: 16920 Farley Road. Property Owner/Applicant: Ashok and Erin Chippa. Public Speaker: Katy Hess, spoke to the issue, concerning the home that will be built on this lot. Motion by Mr. Glickman, seconded by Mr. Blanton, to close the public hearing. Carried by a vote of 4 ayes. Mrs. Decker absent. N:\CLK\Council Minutes\2002\M07-15-02.wpd 5 Town Council Minutes July 15, 2002 Redevelopment Agency Los Gatos, California Council Consensus that the zone change is consistent with the General Plan. The Town Clerk read the Title of the Proposed Ordinance. Motion by Mr. Blanton, seconded by Mr. Pirzynski, to waive the reading of the Proposed Ordinance. Carried by a vote of 4 ayes. Mrs. Decker absent. Motion by Mr. Blanton, seconded by Mr. Pirzynski, that Council introduce Proposed Ordinance entitled, ORDINANCE OF THE TOWN OF LOS GATOS RE-ADOPTING THE TOWN ZONING MAP. Carried by a vote of 4 ayes. Mrs. Decker absent. HAZARDOUS VEGETATION/BRUSH ABATEMENT (22.33) Mayor Attaway stated that this was the time and place duly noted for public hearing to consider the report of the County Fire Marshal on the abatement of hazardous vegetation (brush) for the 2001-2002 season. There was no one from the audience to address this issue. HEARINGS CONTINUED Motion by Mr. Blanton, seconded by Mr. Glickman, to close the public hearing. Carried by a vote of 4 ayes. Mrs. Decker absent. Council consensus to accept and file informational report from County Fire Marshal on brush abatement. HAZARDOUS VEGETATION/WEED ABATEMENT/RESOLUTION 2002-132 (23.33) Mayor Attaway stated that this was the time and place duly noted for public hearing to consider the report of the County Fire Marshal on the abatement of hazardous vegetation (weeds) for the 2001-2002 season. There was no one from the audience to address this issue. Motion by Mr. Blanton, seconded by Mr. Pirzynski, to close the public hearing. Carried by a vote of 4 ayes. Mrs. Decker absent. Motion by Mr. Blanton, seconded by Mr. Pirzynski, that Council adopt Resolution 2002-132 entitled, RESOLUTION OF THE TOWN OF LOS GATOS ADOPTING REPORT DESCRIBING PARCELS OF REAL PROPERTY, AND SHOWING AMOUNT OF HAZARDOUS VEGETATION (WEEDS) ABATEMENT ASSESSMENTS TO BE COLLECTED ON THE SECURED PROPERTY TAX ROLL OF THE TOWN OF LOS GATOS IN THE COUNTY OF SANTA CLARA, FOR THE FISCAL YEAR 2002-03. Carried by a vote of 4 ayes. Mrs. Decker absent. CABLE TELEVISION FRANCHISE TRANSFER/RESOLUTION 2002-133 (24.35) Mayor Attaway stated that this was the time and place duly noted for public hearing to consider an application of transfer of AT&T Broadband Cable Franchise. N:\CLK\Council Minutes\2002\M07-15-02.wpd 6 Town Council Minutes July 15, 2002 Redevelopment Agency Los Gatos, California There was no one from the audience to address this item. Motion by Mr. Pirzynski, seconded by Mr. Blanton, to close the public hearing. Carried by a vote of 4 ayes. Mrs. Decker absent. Motion by Mr. Glickman, seconded by Mr. Blanton, that Council adopt Resolution 2002-133 entitled, RESOLUTION OF THE TOWN OF LOS GATOS CONSENTING TO CHANGE OF CONTROL OF CABLE TELEVISION FRANCHISE, as appears in the desk item before Council this evening. Carried by a vote of 4 ayes. Mrs. Decker absent. MOBILE HOME RENTAL/TENANT LANDLORD DISPUTES/ORDINANCE (25.39) Mayor Attaway stated that this was the time and place duly noted to consider introduction of Ordinance amending Los Gatos Town Code Section 14.85, Mobile Home Rental and Other Tenant/Landlord Disputes. Public Speaker: Gerry Mirrasou, spoke regarding the two year process involved in the work on the ordinance for stabilization of mobile home park rents. The Town Clerk read the Title of the Proposed Ordinance. Motion by Mr. Glickman, seconded by Mr. Pirzynski, to waive the reading of the Proposed Ordinance. Carried by a vote of 4 ayes. Mrs. Decker absent. Motion by Mr. Pirzynski, seconded by Mr. Glickman, that Council introduce Proposed Ordinance entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE LOS GATOS TOWN CODE, CHAPTER 14, ARTICLE VIII.V., MOBILE HOME RENTAL AND OTHER TENANT/LANDLORD DISPUTES (SECTION 14.85). Carried by a vote of 4 ayes. Mrs. Decker absent. LEADERSHIP LOS GATOS/STATUS REPORT (26.28) Motion by Mr. Glickman, seconded by Mr. Blanton, that Council accept and file report regarding the status of leadership Los Gatos. Carried by a vote of 4 ayes. Mrs. Decker absent. DOWNTOWN PARKING MANAGEMENT PLAN/STATUS REPORT (27.34) Motion by Mr. Glickman, seconded by Mr. Blanton, that Council accept and file report regarding the status of Downtown Parking Management Plan. Carried by a vote of 4 ayes. Mrs. Decker absent. COUNCIL MATTERS (28.28) Mayor Attaway noted that there were few appeals filed for Council’s consideration in September and asked that Council enjoy its August recess. He also noted that the vault in the Town Plaza has N:\CLK\Council Minutes\2002\M07-15-02.wpd 7 Town Council Minutes July 15, 2002 Redevelopment Agency Los Gatos, California been filled with equipment for the fountain and electrical needs. MANAGER MATTERS (29.28) Manager Figone noted that two study sessions were being scheduled for Council. The VTA Guideline is scheduled for September 3, 2002 and The Housing Element will also be agendized. ADJOURNMENT Mayor Attaway closed this evening’s meeting at 8:08 p.m. ATTEST: Marian V. Cosgrove, Town Clerk N:\CLK\Council Minutes\2002\M07-15-02.wpd 8