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M 02-18-03TOWN OF LOS GATOS CALIFORNIA TOWN COUNCIL/PARKING AUTHORITY JOINT REDEVELOPMENT AGENCY February 18, 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 7:03 p.m., Monday, February 18, 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. CLOSED SESSION (XX.28) Town Attorney, Orry Korb, reported that Council had met in Closed Session prior to this evening’s meeting pursuant to Government Code Section 54957 regarding Public Employee Performance Evaluation. Title: Town Attorney. There was no reportable action taken. 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. 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. N:\CLK\MARIAN'S FILE\Draft Minutes\MM021803 Town Council Minutes February 18, 2003 Redevelopment Agency Los Gatos, California RATIFICATION OF PAYROLL/JANUARY-FEBRUARY 2003 (03.V) Motion by Mr. Glickman, seconded by Mr. Pirzynski, that Council ratify the check registers for the payrolls of January 5, 2003 through January 18, 2003, paid on January 24, 2003, and January 19, 2003 through February 1, 2003, paid on February 7, 2003, in the amount of $1,117,923.83. Carried unanimously. ACCOUNTS PAYABLE/RATIFICATION/FEBRUARY 2003 (04.V) Motion by Mr. Glickman, seconded by Mr. Pirzynski, that Council ratify the accompanying check registers for accounts payable invoices paid on January 31, 2003, and February 7, 2003 in the amount of $1,073,620.95. Carried unanimously. SMITH CREEK TRAIL/COUNTY WATER DISTRICT/RESOLUTION 2003-17 (07.33) Motion by Mr. Glickman, seconded by Mr. Pirzynski, that Council adopt Resolution 2003-17 entitled, RESOLUTION OF TOWN OF LOS GATOS APPROVING JOINT USE AGREEMENT BETWEEN TOWN AND THE SANTA CLARA WATER DISTRICT PROVIDING FOR LONG TERM LEASE AND JOINT USE OF SMITH CREEK TRAIL AND AUTHORIZING THE TOWN MANAGER TO EXECUTE SAID AGREEMENT. Carried unanimously. PROJECT 0233A/SANTA CRUZ AVE/STORM DRAIN WORK/RESOLUTION 2003-18 (08.24) Motion by Mr. Glickman, seconded by Mr. Pirzynski, that Council adopt Resolution 2003-18 entitled, RESOLUTION OF THE TOWN COUNCIL/REDEVELOPMENT AGENCY OF THE TOWN OF LOS GATOS APPROVING THE PLANS AND SPECIFICATIONS FOR PROJECT 0233A - NORTH SANTA CRUZ AVENUE STORM DRAIN IMPROVEMENTS AND AUTHORIZING STAFF TO ADVERTISE THE PROJECT FOR BIDS. Carried unanimously. VERBAL COMMUNICATIONS (XX.28) Appropriation of Vehicle Licence Fees: Chris Miller spoke of the State appropriating the Vehicle Licence Fees from the municipalities, noting that these fees were designated for local governments at the time of their implementation. General Comments on Town Government: Ray Davis spoke of the public process and applauded the video taping of the Council meetings. He also spoke of traffic safety issues concerning bulb outs. Police Services: Michael Robert Phillips spoke of being roughly treated by a particular police officer, the police department’s handling of his complaint, and asked for Council’s review of the issue. Mayor Decker explained that the issue was now under review and Mr. Phillips would be notified concerning the outcome. War with Iraq: Catlin Powers presented a resolution against the proposed war with Iraq, and asked Council to consider adopting a similar resolution against going forward with a pre-emptive strike. Council Meetings on KCAT: George Samson spoke of tonight’s first live TV production of Council meetings and their re- airing scheduled for Saturdays at noon. N:\CLK\MARIAN'S FILE\Draft Minutes\MM021803 2 Town Council Minutes February 18, 2003 Redevelopment Agency Los Gatos, California VERBAL COMMUNICATIONS CONTINUED John Krop spoke of the increased traffic impacts to the University Avenue neighborhood and asked for a status of the traffic mitigations for the project completed at Highway 9 and University (Boyer Lane). He noted that these were to be in place before the project was completed but that did not happen and there has been no further indication that those proposals are in progress. Staff indicated that the intersection is under review for several improvements and that the current project to the northeast of the intersection is being included in all of the considerations for that particular location. PUBLIC HEARINGS UNIVERSITY AVENUE 248/RESIDENTIAL ADDITION/FLOOR AREA RATIO/APPEAL (12.15) Mayor Decker stated that this was the time and place duly noted for public hearing to consider an appeal of a decision by the Planning Commission denying construction of a first and second story addition which exceeds the allowable Floor Area Ratio on property zoned R-1D:LHP. Architecture and Site Application S-02-52. Property Location: 248 University Avenue. Property Owner/Applicant: Carlos and Aida Dangelo. Appellant: Mario Truillo. The following people from the audience addressed this issue: Carlos Dangelo, owner, reviewed the new proposal that was submitted before the meeting which was to add a small room on the 2 nd floor. He showed a picture of the house with the placement of the room, and said he was willing to work through any of the Town’s requirements. He believes he has been working in good faith, having submitted his fees, and by continuing to work with staff on finding solutions for his project. Ray Davis, praised the televised Council meeting and then spoke to the issue of a variance to the FAR regulations. He noted that the owner of the lot would have to prove his need for the variance. John Krop, lives one street away from the proposed project and does not want to see any larger homes in this neighborhood. Jacqui Wilson-Groth, lives behind this house and has issues with its size, mass, invasion of privacy, and the loss of views of the hillsides. Don Fritch, Architect, spoke of the willingness to work with the Town on any regulations and conditions that were presented. He believed that he was not given accurate information and would like to adjust the plans to conform to the Town’s requirements. Mr. Dangelo confirmed his willingness to address the specific issues raised by the Town and to reduce the addition as required. No one else from the audience spoke to this item. Mayor Decker closed the public hearing. Council Comments: Mr. Wasserman believes that staff has consistently presented the FAR standards to applicants as they have proceeded with plans and applications. He has witnessed this procedure as he has heard staff speaking to applicants at various stages of their projects. Mr. Glickman asked that the project be remanded to the Planning Commission without reduced N:\CLK\MARIAN'S FILE\Draft Minutes\MM021803 3 Town Council Minutes February 18, 2003 Redevelopment Agency Los Gatos, California fees. Mr. Korb, Town Attorney, clarified that this application does not require a variance. HEARINGS CONTINUED UNIVERSITY AVENUE 248/RESIDENTIAL ADDITION/FLOOR AREA RATIO/CONT. Motion by Mr. Pirzynski, seconded by Mr. Glickman, to accept the appeal due to the new information that was presented this evening and that was not available to the Planning Commission at the time they were considering this application, and to remand this project back to the Planning Commission. Applicant to work closely with the Planning Director and the consulting architect to develop a design that is consistent with the architecture of the home and will not overwhelm the lot. Mr. Pirzynski indicated that the new information provided by the applicant reflected an addition of 120 square feet. The Planning Commission may consider reducing this request to achieve an appropriate design. Carried by a vote of 3 ayes. Mrs. Decker and Mr. Wasserman voted no stating that the proposal is 170 feet over the FAR and appears too massive on this lot. FLOODPLAIN MANAGEMENT STANDARDS/TOWN CODE SECTION 29.90.010 (13.40) Mayor Decker stated that this was the time and place duly noted for public hearing to consider introducing an ordinance setting new floodplain management standards, repealing Ordinance 1763 and amending Town Code Section 29.90.010. Kevin Rohani, Town Engineer, gave an overview of the staff report recounting the need for a current and updated Town of Los Gatos Flood Plain Management Ordinance. Steve Glickman, Councilmember, asked that somewhere in the ordinance a section of stronger language appear stipulating that building in the flood plain is strongly discouraged by the Town. Ray Davis, speaker, asked what the emergency plans were for failure of the Lexington Dam. Town Manager will confirm that this subject appears within the Town’s Emergency Plan. Mayor Decker closed the public hearing. Motion by Mr. Pirzynski, seconded by Mr. Wasserman, finding that the Floodplain Management Ordinance is consistent with the Town Code. Carried unanimously. Motion by Mr. Pirzynski, seconded by Mr. Wasserman, to waive the reading of the Proposed Ordinance. Carried unanimously. The Town Clerk read the Title of the Proposed Ordinance. Motion by Mr. Pirzynski , seconded by Mrs. Decker, that Council introduce Proposed Ordinance entitled, ORDINANCE OF THE TOWN OF LOS GATOS APPROVING THE NEW FLOODPLAIN MANAGEMENT STANDARDS, REPEALING ORDINANCE 1763 AND AMENDING ARTICLE IX OF CHAPTER 29 OF THE TOWN CODE. Carried by a vote of 4 ayes. Mr. Glickman voted no for reason noted above. MINUTES OF FEBRUARY 3, 2003 (05A.V) Ray Davis asked that his comments concerning relaxed standards for planned developments appear in the minutes for Item 13, 14561 Winchester Blvd. He spoke of the increased traffic caused by not adhering to the General Plan. N:\CLK\MARIAN'S FILE\Draft Minutes\MM021803 4 Town Council Minutes February 18, 2003 Redevelopment Agency Los Gatos, California Motion by Ms McNutt, seconded by Mr. Glickman, that Council approve the Minutes of February 3, 2003, Town Council/Redevelopment Agency Meeting as submitted. Carried unanimously. MINUTES OF FEBRUARY 10, 2003 (05B.V) Ray Davis spoke of land uses that are being considered that have not been identified in the General Plan and asked that Council adhere to its adopted plan. Motion by Ms McNutt, seconded by Mr. Glickman, that Council approve the Minutes of February 10, 2003, Town Council Special Meeting (Northside Business Recognition) as submitted. Carried unanimously. CABLE TELEVISION FRANCHISE/AT&T BROADBAND/RESOLUTION 2003-19 (06.35) Ray Davis, speaker, noted that AT&T had been changed to ComCast, and he asked that there be a statement that there is no conflict of interest between Mr. Glickman’s interests and his ability to vote on the motions involving the cable vision franchise. Mrs. Figone, Town Manager, spoke of franchises lasting for 10 to 20 years and that it is in the community’s best interest to negotiate town services at this time such as equipment for government access stations; International Network service extended to schools and public facilities; and the state of the art services that can be run over the cable system. She also mentioned the community workshops which will be held to enable the residents to participate in the franchise negotiations. Motion by Mr. Glickman, seconded by Ms McNutt, that Council adopt Resolution 2003-19 entitled, RESOLUTION OF TOWN OF LOS GATOS APPROVING AN AMENDMENT EXTENDING THE CABLE TELEVISION FRANCHISE AGREEMENT WITH AT&T BROADBAND FROM MARCH 31, 2003 TO MARCH 31, 2004. Carried unanimously. WINCHESTER BLVD 14561/VASONA RANCH SUBDIVISION/ORDINANCE 2108 (09.15) Ray Davis, spoke concerning relaxed standards for planned developments and the increased traffic caused by not adhering to the General Plan. He asked Council for a reconsideration of its prior vote. Motion by Ms McNutt, seconded by Mr. Glickman, that Council adopt Ordinance 2108 entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONING ORDINANCE EFFECTING A ZONE CHANGE FROM R-1:12 TO RM:5-12:PD AT 14561 WINCHESTER BOULEVARD, that was introduced at the Council meeting of February 3, 2003. Carried by a vote of 3 ayes. Mrs. Decker and Mr. Wasserman voted no for reasons noted in prior record. NEIGHBORHOOD TRAFFIC CALMING/CHIRCO DRIVE (14.41) Mary Gillespie Greenberg, Public Works analyst, gave an overview and explained the history of the meetings which have been held with the residents concerning the traffic mitigating measures that have been considered and implemented in this neighborhood. The following people from the audience addressed this issue: Julianne Savage spoke in support of the meetings and implementation of the plan. Scott Savage supported the proposal. N:\CLK\MARIAN'S FILE\Draft Minutes\MM021803 5 Town Council Minutes February 18, 2003 Redevelopment Agency Los Gatos, California Rich Stephens was in support of the plans for traffic calming. Beth Grimes spoke of including Corinne Drive in the traffic calming measures. Ray Davis spoke of the traffic problems on Oak Rim Way and asked that it be included in the plans for this neighborhood. NEIGHBORHOOD TRAFFIC CALMING/CHIRCO DRIVE/CONT. Speakers continued: Marc Jensen asked that traffic circles with attractive landscaping be considered. Chris Miller addressed the right hand turn in the evenings from Lark to Highland Oaks, and noted that restrictions during the week days were warranted but not on the weekends. Monte Morehead, resident of Highland Oaks, supports the restrictions for the full 7 day week. Motion by Mr. Pirzynski, seconded by Mr. Glickman, to approve the Chirco-Area Neighborhood Traffic Calming Proposal as it has been addressed to Council this evening: For Mr. Jensen to assist town with landscaping traffic circle and for staff to review such maintenance costs; Proceeding with the two phase program; Installing seven speed bump devices first and considering them for three months; Installing two more devices on Corinne and Izorah if warranted; Holding another review after an additional three months. Carried unanimously. MID-YEAR BUDGET 2002-2003/2ND QUARTER STATUS/BUDGET ADJUSTMENTS (15A.09) Steve Conway, Finance Director, gave an overview of the 2002/2003 second quarter budget performance and status report for the six months ending December 31, 2002 and the quarterly status report on the Capital Improvement Program. He spoke of the downward turn of the Sales Tax Revenues, Transient Occupancy Tax Revenues, Motor Vehicle In-Lieu Fees, Interest Income Revenue, Franchise Fees and Miscellaneous Fees which have caused a total of almost $1.5 million in overall General Fund reductions for this year. Mr. Conway explained that the various departments have been asked to implement a 6% reduction in their budgets for this year in order to meet this decline in revenues, and that the Town is preparing to implement reductions in the 2003-2004 budget in preparation for meeting the signs of a continued downward trend in revenues which may be compounded by reductions in State funding. Motion by Mr. Glickman, seconded by Mr. Pirzynski, that Council accept 2002/2003 second quarter budget performance status report-six months ending December 31, 2002. Carried unanimously. Motion by Mr. Pirzynski, seconded by Mr. Glickman, that Council authorize budget adjustments as recommended in the attached second quarter budget performance report. Carried unanimously. MID-YEAR BUDGET 2002-2003/CAPITAL IMPROVEMENT PROGRAM (15B.09) Kevin Rohani, Town Engineer, gave an overview of the quarterly status report of the Town’s Capital Improvement Program for the second quarter of budget year 2002-2003. Ray Davis, spoke of the newly installed Winchester-Daves intersection crossing and its increased safety for pedestrians and children going to school. He also asked about the progress of the Blossom Hill sidewalk project for the safety of students going to Fisher School as they cross over Highway 17. Lastly he brought attention to the pork chop islands that have been put in and which he believes are dangerous for children to be waiting on since it brings them closer to the moving N:\CLK\MARIAN'S FILE\Draft Minutes\MM021803 6 Town Council Minutes February 18, 2003 Redevelopment Agency Los Gatos, California traffic. Motion by Ms McNutt, seconded by Mrs. Decker, to accept the quarterly status report on the Town’s Capital Improvement Program ending second quarter of FY 2002/2003. Carried unanimously. REDEVELOPMENT AGENCY/AFFORDABLE HOUSING FUNDS (16.39) Marty Woodworth, Redevelopment Manager, discussed the conceptual alternatives for use of Redevelopment Agency Affordable Housing Funds in the near term such as: The Purchase of Town Owned Property; Assisting in the Development of 20 Dittos Lane; Participating in Project Match; and the Provision of Additional Funds to the Housing Trust of Santa Clara County. Bob Campell, Executive Director of Project Match, spoke of low income seniors that this service provides for. The populace is about 67,000 seniors in the county, living at approximately at 35% of median. Milt Mintz, spoke of the sale of Dittos Lane and some of the options that could be arrived at with that sale. Council Consensus To commit redevelopment funds to Project Match and the Dittos Lane property with the goal of providing affordable housing where it can do the most significant good, by meeting the needs of isolated seniors by making a housing project within the downtown and which is near services and transportation. This can be viewed in two phases. The long term phase would be working out the details of the Dittos Lane property. The short term phase would be to partner with Project Match and deliver some housing as soon as possible which will show the Town’s immediate commitment to this social issue. There was also discussion of the Housing Trust being in partnership with the Town for holding the funds as the projects are developed Staff asked to pursue the options and identify the amount of resources the Town has with the Housing Trust at this time. There may be an opportunity to do both an immediate Project Match and a longer term Dittos Lane. Staff to return with report on various options. COUNCIL MATTERS (17.28) Mr. Glickman complemented Chief Seaman on the Police Department Skate Day at the Civic Center March 2, 2003 Ms McNutt spoke of the West Valley Sanitation District and requested that staff prepare a report to Council or a brief study session on the work that has been accomplished on the negotiation for the contract between the Town and the District. Mr. Wasserman spoke of the parking problem that is about to occur at Fisher Jr. High when drop off of students will be severely limited this month. MANAGER MATTERS (18.28) Kevin Rohani, Town Engineer, spoke of the Verizon line that was hit during construction and which is being repaired during night operations at this time. ADJOURNMENT Mayor Decker closed this evening’s meeting at 11:15 p.m. N:\CLK\MARIAN'S FILE\Draft Minutes\MM021803 7 Town Council Minutes February 18, 2003 Redevelopment Agency Los Gatos, California ATTEST:Marian V. Cosgrove Town Clerk N:\CLK\MARIAN'S FILE\Draft Minutes\MM021803 8