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M 01-21-03TOWN OF LOS GATOS CALIFORNIA TOWN COUNCIL/PARKING AUTHORITY JOINT REDEVELOPMENT AGENCY January 21, 2003/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 7:06 p.m., Tuesday, January 21, 2003, in joint regular session. ROLL CALL Present:Steve Glickman, Diane McNutt, Joe Pirzynski, Mike Wasserman and Mayor/Chairman Sandy Decker. Absent:None. PLEDGE OF ALLEGIANCE Given by all in attendance. Mayor Decker asked Mr. Davis to please leave the meeting after his disruption during the Pledge of Allegiance. He left on his own accord. CLOSED SESSION (XX.28) Town Attorney, Orry Korb, reported that Council had not met in Closed Session prior to this evening’s meeting. COMMENDATION/JIM & GINI DOSS/LIVE OAK MANOR NEIGHBORHOOD (00.28) Council Member Wasserman presented Town Commendation to Jim and Gini Doss of Live Oak Manor Neighborhood for the outstanding volunteer work their neighborhood has done in the past few years on the Turkey Drive which was delivered to the Second Harvest Food Bank and for the Toys for Tots program donations which were donated to the Sacred Heart Community Center. Mr. and Mrs. Doss were present for the commendation and thanked Council for the recognition of their neighborhood. MAYOR’S STATEMENT (XX.28) Mayor Decker welcomed the Council and audience and explained how she would like the tone of the Town meetings to proceed during the year. She spoke of a community that has been able to display respect for one another, to deliberate the business of the Town in an informed manner, and to accept and act upon the decisions made at public and open meetings. She noted that all of our residents deserve our respect and the respect of each other. She asked for and said she expects that the visitors to these Council Chambers will recognize and uphold these principles of respect and courtesy for one another. The Mayor noted that disruptive behavior would not be tolerated, nor allowed to interfere with these community meetings held in the spirit of cooperative and interactive government. She reaffirmed her desire to encourage respect and dignity within these chambers. SCHEDULE OF PUBLIC HEARINGS (01.28) Motion by Mr. Glickman, seconded by Mr. Pirzynski, to accept and file informational report regarding currently scheduled public hearings. Carried unanimously. N:\CLK\Council Minutes\2003\M 01-21-03.wpd Town Council Minutes January 21, 2003 Redevelopment Agency Los Gatos, California PLANNING COMMISSION/PLANNING DEPARTMENT MONTHLY STATUS REPORT (02.38) Motion by Mr. Glickman, seconded by Mr. Pirzynski, to accept and file informational report regarding activity of Planning Commission and Department. Carried unanimously. RATIFICATION OF PAYROLL/NOVEMBER-DECEMBER 2002 (03.V) Motion by Mr. Glickman, seconded by Mr. Pirzynski, that Council ratify the check registers for the payroll of November 24, 2002 through December 7, 2002, paid on December 13, 2002, in the amount of $626,088.24. Carried unanimously. ACCOUNTS PAYABLE/RATIFICATION/DECEMBER 2002 (04.V) Motion by Mr. Glickman, seconded by Mr. Pirzynski, that Council ratify the accompanying check registers for accounts payable invoices paid on December 13, 2002, December 20, 2002 and December 27, 2002 in the amount of $1,054,812.04. Carried unanimously. MINUTES OF DECEMBER 10, 2002 (05A.V) Motion by Mr. Glickman, seconded by Mr. Pirzynski, that Council approve the Minutes of December 10, 2002, Special Closed Session Meeting as submitted. Carried unanimously. MINUTES OF JANUARY 6, 2003 (05B.V) Motion by Mr. Glickman, seconded by Mr. Pirzynski, that Council approve the Minutes of December 16, 2002, Study Session/Library Master Plan as submitted. Carried unanimously. MINUTES OF JANUARY 6, 2003 (05C.V) Motion by Mr. Glickman, seconded by Mr. Pirzynski, that Council approve the Minutes of January 6, 2003, Joint Council/Redevelopment Agency Meeting as submitted. Carried unanimously. AMICUS BRIEF/MORGAN VS. CITY OF CHINO (07.28) Motion by Mr. Glickman, seconded by Mr. Pirzynski, that Council authorize the Town Attorney to include the Town of Los Gatos as an amicus curie in the case of Morgan vs. City of Chino, Court of Appeal, 4th District, case #E-030340 at no cost to the Town. Carried unanimously. PUBLIC PARKING/SANTA CRUZ 236/SUGARPINE/RESOLUTION 2003-006 (08.34) Motion by Mr. Glickman, seconded by Mr. Pirzynski, that Council adopt Resolution 2003-006 entitled, RESOLUTION OF TOWN OF LOS GATOS APPROVING LICENSE AGREEMENT WITH SUGARPINE LIMITED PARTNERSHIP FOR PUBLIC PARKING AT 236 NORTH SANTA CRUZ AVENUE AND AUTHORIZING THE TOWN MANAGER TO SIGN THE LICENSE AGREEMENT. Carried unanimously. CABLECAST SERVICES/BROADCAST COUNCIL MEETINGS/RESOLUTION 2003-007 (09.42) Motion by Mr. Glickman, seconded by Mr. Pirzynski, that Council adopt Resolution 2003-007 entitled, RESOLUTION OF TOWN OF LOS GATOS AUTHORIZING TOWN MANAGER TO EXECUTE AN AGREEMENT WITH KCAT-TV TO PROVIDE CABLECASTING SERVICES TO BROADCAST TOWN COUNCIL MEETINGS ON COMMUNITY ACCESS CHANNEL 15. Carried unanimously. N:\CLK\Council Minutes\2003\M 01-21-03.wpd 2 Town Council Minutes January 21, 2003 Redevelopment Agency Los Gatos, California PROJECT 0218/CURB/GUTTER/SIDEWALK REPLACEMENT/RESOLUTION 2003-008 (11.24) Motion by Mr. Glickman, seconded by Mr. Pirzynski, that Council adopt Resolution 2003-008 entitled, RESOLUTION OF TOWN OF LOS GATOS ACCEPTING WORK OF CB CONSTRUCTION COMPANY AND AUTHORIZING THE TOWN MANAGER TO EXECUTE CERTIFICATE OF ACCEPTANCE AND NOTICE OF COMPLETION FOR RECORDING BY THE TOWN CLERK. Carried unanimously. PROJECT 0213/ADA/UPGRADES FOR PUBLIC FACILITIES/RESOLUTION 2003-009 (12.24) Motion by Mr. Glickman, seconded by Mr. Pirzynski, that Council adopt Resolution 2003-009 entitled, RESOLUTION OF TOWN OF LOS GATOS ACCEPTING WORK OF ENVIRO TEC, INC. AND AUTHORIZING THE TOWN MANAGER TO EXECUTE CERTIFICATE OF ACCEPTANCE AND NOTICE OF COMPLETION FOR RECOREDING BY TOWN CLERK. Carried unanimously. FORREST AVENUE 98/SUBDIVISION/CONDOMINIUMS/RESOLUTION 2003-010 (13.15) Motion by Mr. Glickman, seconded by Mr. Pirzynski, that Council adopt Resolution 2003-010 entitled, RESOLUTION OF TOWN OF LOS GATOS GRANTING AN APPEAL OF A PLANNING COMMISSION DECISION DENYING AN APPLICATION TO SUBDIVIDE A PARCEL INTO TWO CONDOMINIUM UNITS, DEMOLITION OF A PRE-1941 RESIDENCE, AND CONSTRUCT TWO CONDOMINIUM UNITS ON PROPERTY ZONED RM:5-12. Carried by a vote of 3 ayes. Ms McNutt and Mr. Pirzynski voted no for reasons noted in prior record. CHARLES ST 25/HABITAT FOR HUMANITY/RESOLUTIONS 2003-011 & 2003-01RD (16.31- 15) Mayor Decker stated that this was the time and place duly noted to consider adopting resolution authorizing execution of documents regarding Habitat for Humanity House at 25 Charles Street. Motion by Mr. Glickman, seconded by Mr. Pirzynski, that Council/Agency adopt Resolution 2003-011 and Resolution 2003-01RD entitled, RESOLUTION OF THE TOWN COUNCIL AND REDEVELOPMENT AGENCY OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER/EXECUTIVE DIRECTOR TO EXECUTE ALL DOCUMENTS PERTAINING TO THE SILICON VALLEY HABITAT FOR HUMANITY HOUSE TO BE CONSTRUCTED AT 25 CHARLES STREET. Carried unanimously. VERBAL COMMUNICATIONS (XX.28) Tree Removal on Wilder Avenue: Gary Zelasko showed a photograph for the record of a forty pound limb that had blown off the tree under question. He spoke of safety issues involving the tree and his family and asked that his request to remove the tree be reconsidered. School Boundary Lines in Los Gatos: Lenin Brito spoke of his neighborhood’s request to be included in the Los Gatos School System. Council Member Glickman informed Mr. Brito of the County Committee on School District Organization who initiate territory transfer and who he should present his request to. N:\CLK\Council Minutes\2003\M 01-21-03.wpd 3 Town Council Minutes January 21, 2003 Redevelopment Agency Los Gatos, California PUBLIC HEARING MONROE COURT 10/PLANNED DEVELOPMENT/ZONE CHANGE (17.15) Mayor Decker stated that this was the time and place duly noted for public hearing to consider a request for approval of a Planned Development to change the zone from RM:12-20 to RM:12- 20:PD to construct four dwelling units. No significant environmental impacts have been identified as a result of this project and a Negative Declaration is recommended. Planned Development Application PD-01-2. Negative Declaration ND-01-14. Property Location: 10 Monroe Court. Property Owner: David H. Pitzen. Applicant: DHP Monroe Investors LLC. The following people from the audience addressed this issue: Ivan Shadwick spoke against the proposal, the tight parking conditions and the increased traffic in this small location. Stan Queen, developer, went through the history of this proposal and spoke of the presentations to Planning Commission and the neighbors. He spoke of the four units that are planned and noted that neighbors are now asking for just three homes. He spoke of the open space that will be made available to the town and the neighborhood that they did not have available before. Ellie Weeler spoke of the small close community and the problems that will arise with traffic and parking and the impact to property values. Alicia Barela noted that this is a small private road with very small cottages. She believes that four large homes present too much impact, along with the increased traffic and parking. Sharon Bashan is concerned about the impact to the small charming street and is against the increased traffic and parking. Peter Levy spoke specifically about doubling the traffic on this small court and causing safety issues on a private narrow street. His contact from the developer was once three years ago. Julene Pief spoke of the increased housing recently in this neighborhood and of the restrictions she was held to in order to make improvements to her home. She asked for less impact. Anne Lamborn spoke of options in this area. She asked for three more carefully planned homes for this street, with more opened space for all to enjoy. Jessie Prout having lived in this neighborhood for fifty years asked that more care and thought be given to the impact that these homes will have on this historic court and asked for no more than three homes at this location. Dave Pitzen, developer, spoke of holding the property for this project for three years and the need to market these units at this time at a certain level to make the project cost effective. The project has reduced the square footage by one third. The Town does not wish to reduce housing stock so they have tried to keep that stock available. He spoke of the step down of density from the dense apartment housing on the adjacent lots. Scott Stotler, architect, spoke of the logistics, property shape that was approved, the needs of purchasers in today’s market, and amenities that would fit in these homes. They are three bedroom and two bath homes. There is height in the rear of the design to cover the apartment complex. No one else from the audience spoke to this item. Mayor Decker closed the public hearing. Bud Lortz, Community Development Director, spoke of the planned development zoning change. No community benefit is needed for the development in regards to traffic, but the open space benefit is being offered in by the developer. Intensity and density are being confused in this discussion N:\CLK\Council Minutes\2003\M 01-21-03.wpd 4 Town Council Minutes January 21, 2003 Redevelopment Agency Los Gatos, California HEARING CONTINUED MONROE COURT 10/PLANNED DEVELOPMENT/ZONE CHANGE/CONT. Bud Lortz continued and need to be delineated. Compatibility with the neighborhood floor area and design was a goal of project review. The riparian corridor is being dedicated as open space. Reduced density will need to go back to Planning Commission for redesign. Reduced intensity needs to go to Architecture and Site and can be reviewed for a more compatible floor size relating to the neighborhood. Council Comments: Mr. Wasserman requested a more compatible design to enhance the property; that there be a redesign for three homes to reflect the history of the neighborhood; and that three homes providing larger lots and more open area will be more compatible to the Monroe Court neighborhood than four homes. Mr. Pirzynski noted that the request of the neighbors was for three homes with reduced square footage; that the riparian habitat be preserved for the neighborhood; that there is a market for smaller homes in Los Gatos which include the ambiance of the neighborhood where they are situated; that the values articulated tonight move quickly through the system so that the project can be completed. Ms McNutt noted that four cottage styled homes with reduced square footage could be accommodated on the same area to serve more families as three homes within the 8,000 square footage limitation. Mrs. Decker noted that the extra house would cause extra paving and affect the runoff in the project; also the additional proposed fencing of the properties will limit the ambiance of the view shed. Motion by Mrs. Decker, seconded by Mr. Wasserman, to remand to Planning Commission; to have only three homes on site; to have no more than 8,000 sq. ft amongst the three homes; to protect the riparian elements of the property as the designs and home placements are prepared. Carried by 4 ayes. Mr. Glickman voted no with the desire to request that at least two of the homes be allowed the view and access to the creek property. VIDEO TAPES OF TOWN COUNCIL MEETINGS (06.42) Council consensus to have staff research cost of DVD copies of Council meetings which can be maintained in archival form, and have audio-visual tapes of the proceedings available for a six month period for circulation through the library. Staff to return to Council with further information. PROJECT 0324/DIGITAL TOPOGRAPHICAL MAPS (PHASE 3)/RESOLUTION 2003-12 (10.24) Motion by Mr. Glickman, seconded by Mr. Pirzynski, that Council adopt Resolution 2003-12 entitled, RESOLUTION OF TOWN OF LOS GATOS APPROVING AN AGREEMENT FOR PROFESSIONAL SERVICES WITH HJW GEOSPATIAL, INC. IN CONNECTION WITH PROJECT 0324 - TOWN DIGITAL MAP PROJECT (PHASE 3) - DIGITAL TOWN TOPOGRAPHY AND AERIAL PHOTOGRAPHY, and to request that the vender apply the correction techniques to the very few tall buildings that we have in town as well as to the bridges. Carried unanimously. DOWNTOWN STREET IMPROVEMENTS/PROJECT 0233/N. SANTA CRUZ AVE. (18.24) John Curtis, Director of Public Works, spoke of proposals that were presented to Council at a N:\CLK\Council Minutes\2003\M 01-21-03.wpd 5 Town Council Minutes January 21, 2003 Redevelopment Agency Los Gatos, California prior date. He invited Council and audience to come forward to the center table to review the completed work and presented the plans and recommendations for this coming year. He spoke of the meetings with the downtown community in preparation for this work DOWNTOWN STREET IMPROVEMENTS/PROJECT 0233/N. SANTA CRUZ AVE/CONT. Kevin Rohani, Town Engineer, spoke of storm water flooding in the downtown and ways to alleviate the ongoing problem and implement workable solutions. The possibility of a new storm drain down Santa Cruz would be extremely disruptive to all concerned and instead the following solutions have been suggested: Use existing catch basins and arterial storm drain lines that are more economical and less disruptive; Intercept storm water before it gets to Santa Cruz; Install storm drain line on Bean Avenue to be connected to existing catch basin and storm drain line; Grays Lane will be completed this year with storm drain line connecting to existing systems; Nicholson and Bachman runoff to be caught at Victory Lane and the alley between Wilder and Tait. Joe Pirzynski noted that the funding for these projects falls within the purview of the Redevelopment Agency and must be completed with those funds. The Town is still committed to all of the neighborhood street resurfacing projects listed in the Capital Improvements and will continue on schedule. He asked that a communique to the Town be generated that can inform the public of our work and how it is being funded. Town Manager, Mrs. Figone, noted that staff would follow up. Speaker, Margaret Smith, asked that there be specific times of the year identified when construction would not occur in the downtown. These are particularly heavy times of customer activity and occur at Thanksgiving, Christmas, Passover, Easter, Graduation and 4th of July. Motion by Mr. Glickman, seconded by Mrs Decker, that Council/Agency approve preliminary plans for North Santa Cruz Avenue Improvements. Carried unanimously. TOWN GATEWAYS/GATEWAY COMMITTEE FORMATION (19.31) Diane McNutt requested some definitions of “gateway” to determine the purpose and needs of the specific location and surrounding community before designing a distinguishing marker. She noted that the Leadership Los Gatos group had given a very enthusiastic response to this subject and were interested in participating. She is open to having volunteers serve but would suggest representatives from the businesses and residents in the outlying areas also be included. Steve Glickman asked that representatives from the auto dealers and real estate community be included in the proposed contact list, and suggested that the Lark-Los Gatos Blvd. and Winchester-Hwy 85 locations be added to the gateway list. Joe Pirzynski asked that the committee revisit the Boulevard Plan and their gateway designs. He also agreed with Ms McNutt’s idea of defining the various segments of our Town with multi identifying gateways. The meaning of “gateway” in differing sections of Town can reflect the elements in those districts. He supported having a professional artist involved. Sandy Decker would like artistic representation reflected in the group that is first formulated. She asked for an opportunity to allow the community to speak, and to give two weeks to respond to, and look for, community input. Mike Wasserman asked that the gateways be helpful, historical, artistic, attractive, and exhibit excellence of design, and that they appear logical and not frivolous, displaying a welcoming message to those who are arriving in Los Gatos. Shirley Henderson, Chair of the Beautification Committee, asked that this committee be represented on this new group. She also supported a professional artist to take the lead. Chris Miller, supported the formation of the Gateway Group and spoke to the inclusion of all segments of Los Gatos in the identification program. N:\CLK\Council Minutes\2003\M 01-21-03.wpd 6 Town Council Minutes January 21, 2003 Redevelopment Agency Los Gatos, California Council Consensus that Council/Agency approve the formation of a Gateway Working Group and design process for downtown and major Town Gateways. TOWN COUNCIL RETREAT (20.28) Pamela Jacobs, Assistent Town Manager, reviewed the following topics discussed by Council at the retreat: Council-Commission Relationship Issues; Economic Development Issues; Human Needs Assessment; Town Hall in the Neighborhoods; Resident Satisfaction Survey; Enhanced Communication Methods; and Youth Summit. Mr. Glickman suggested that youth participate in a facilitated youth summit without adult leaders of organizations present. He would prefer to have someone facilitate and enable the students to share their ideas. Mr. Wasserman asked for further information and review on e-mail networking and ways to communicate with the community on a wider level. Motion by Mr. Pirzynski, seconded by Mr. Glickman, that Council approve the minutes from the Town Council Retreat held January 10 and 11, 2003 and validate the directions Council has discussed with staff. Carried unanimously. ECONOMIC VITALITY ROUNDTABLE (21.27) Marty Woodworth, spoke of the research done by staff on this subject and the review of other cities’ use of and success with these roundtables. The compilation of this information offered a variety of options for forming such a working group. He spoke of forming a committee to meet the specific needs of Los Gatos as a community. He asked that Council consider identifying the mission, goals and objectives of such a roundtable, and what the composition of this group should be to successfully meet its designated purpose. Council Comments and Consensus: It was suggested that the name of the roundtable be the Economic Vitality Advisory Committee with a mission to advise the Town Council on economic vitality policies and programs needed to support and enhance the quality of life in Los Gatos. Economic vitality ensures a diversification of businesses providing strength to withstand the economic fluctuations of the market place and it is the responsibility of the Town to recognize and encourage that balance. A goal of providing the goods and services needed and desired by our residents should also be included. This committee should be comprised of a geographical and industrial cross section of the Town representing all segments and components of the Town’s economic strengths. The committee should meet at least quarterly but commence at first every other month. Jim Derryberry, representing the Chamber of Commerce, agreed with Council’s comments and affirmed that the Chamber would be working on this program with Marty Woodworth. Council Consensus that staff pursue the formation of an Economic Vitality Committee and report back to Council. N:\CLK\Council Minutes\2003\M 01-21-03.wpd 7 Town Council Minutes January 21, 2003 Redevelopment Agency Los Gatos, California COUNCIL MATTERS (22.28) USA Patriot Act: Steve Glickman requested that this issue be brought forward to Council for consideration and discussion. Mike Wasserman supported the request in the interest of informing Council of the existing issues, especially those that concern our own community. Council Direction that staff analyze the various resolutions passed by other cities and put together a recommended course of action. This will then allow Council to have an open and public discussion on this subject. Wraight Avenue Tarffic Calming: Mike Wasserman thanked John Curtis, Director of Public Works, for moderating the neighborhood meeting regarding traffic calming issues in the Wraight Avenue neighborhood. Flag Poles in the Town Plaza: Mike Wasserman requested flags be flown from our new poles as soon as possible. Town Manager Figone noted that this subject would appear on an upcoming agenda to inform Council of the progress with the flag poles and the required lighting. Sandy Decker’s new Grandchild: Mike Wasserman offered congratulations to our Mayor on her newly arrived granddaughter. MANAGER MATTERS (15.28) Mrs. Figone noted there was none to report ADJOURNMENT Mayor Decker closed this evening’s meeting at 11:17 p.m. ATTEST: Marian V. Cosgrove Town Clerk N:\CLK\Council Minutes\2003\M 01-21-03.wpd 8