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M 04-21-03TOWN OF LOS GATOS CALIFORNIA TOWN COUNCIL/PARKING AUTHORITY JOINT REDEVELOPMENT AGENCY April 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 7:09 p.m., Monday, April 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. CLOSED SESSION (XX.28) Town Attorney, Orry Korb, reported that Council had met in Closed Session pursuant to Government Code Section 54956.9 regarding Pending Litigation to discuss Claim of Pete Myers and Claim of Joshua Maisel. Copies of Claims are available for inspection pursuant to Government Code 54957.5. There was no reportable action taken. Pursuant to Government Code Section 54957.6, Conference with Labor Negotiator Gary Rogers, Town Human Resources Director, regarding negotiations with the following employee groups: TEA; AFSCME; POA; Confidential; Management and Town Manager. There was no reportable action taken. COMMUNITY SERVICES COMMISSION/APPOINTMENT (00.12) Mayor Decker announced that one application had been received from John Hogan for the one vacancy on the Community Services Commission. Voting was held and Mr. Hogan was appointed to term ending January 1, 2005. SCHEDULE OF PUBLIC HEARINGS (01.28) Motion by Mr. Pirzynski, seconded by Mr. Glickman, that Council accept and file informational report regarding currently scheduled public hearings. Carried unanimously. PLANNING COMMISSION/COMMUNITY DEVELOPMENT DEPT/MONTHLY REPORT (03.38) Motion by Mr. Pirzynski, seconded by Mr. Glickman, to accept and file informational item regarding Planning Commission and Community Development Department monthly status report. Carried unanimously. N:\CLK\Council Minutes\2003\M 04-21-03.wpd Town Council Minutes April 21, 2003 Redevelopment Agency Los Gatos, California CODE COMPLIANCE/QUARTERLY REPORT (04.38) Motion by Mr. Pirzynski, seconded by Mr. Glickman, to accept and file informational report from the Code Compliance Officer for October through December 2002 regarding abatement of code violations. Carried unanimously. RATIFICATION OF PAYROLL/MARCH-APRIL 2003 (05.V) Motion by Mr. Pirzynski, seconded by Mr. Glickman, that Council ratify the check register for the payroll of March 16, 2003 through March 29, 2003, paid on April 4, 2003, in the amount of $542,999.53. Carried unanimously. ACCOUNTS PAYABLE/RATIFICATION/MARCH-APRIL(06.V) Motion by Mr. Pirzynski, seconded by Mr. Glickman, that Council ratify the accompanying check registers for accounts payable invoices paid on March 28, 2003, April 4, 2003 and April 11, 2003 in the amount of $661,581.98. Carried unanimously. NATIONAL HOUSING TRUST FUND ACT OF 2003/RESOLUTION 2003-36 (08.39) Motion by Mr. Pirzynski, seconded by Mr. Glickman, that Council adopt Resolution 2003-36 entitled, RESOLUTION OF THE TOWN OF LOS GATOS SUPPORTING THE NATIONAL HOUSING TRUST FUND ACT OF 2003. Carried unanimously. LEAGUE OF CALIFORNIA CITIES/VOTING DELEGATES (09.28) Motion by Mr. Pirzynski, seconded by Mr. Glickman, that Council appoint Mayor Sandy Decker as the primary voting delegate and Vice Manyor Steve Glickman as the alternate voting delegate for the League of California Cities General Assembly Special Meeting on May 15, 2003. Carried unanimously. NATIONAL ARBOR DAY/ANNUAL OBSERVANCE/RESOLUTION 2003-37 (10.33) Motion by Mr. Pirzynski, seconded by Mr. Glickman, that Council adopt Resolution 2003-37 entitled, RESOLUTION OF THE TOWN OF LOS GATOS PROCLAIMING NATIONAL ARBOR DAY OBSERVANCE. Carried unanimously. BELLA VISTA 339/RESIDENTIAL/RESOLUTION 2003-38 (11.15) Motion by Mr. Pirzynski, seconded by Mr. Glickman, that Council adopt Resolution 2003-38 entitled, RESOLUTION OF THE TOWN OF LOS GATOS DENYING AN APPEAL OF A PLANNING COMMISSION DECISION DENYING A REQUEST TO CONSTRUCT A NEW SINGLE FAMILY RESIDENCE WITH A REDUCTION IN THE FRONT AND REAR SETBACKS ON A NONCONFORMING LOT AND TO MERGE TWO LOTS ON PROPERTY ZONED R-1:8. Carried unanimously. PROJECT 0201/BLOSSOM HILL SIDEWALK CONSTRUCTION/RESOLUTION 2003-40 (13.24) Motion by Mr. Pirzynski, seconded by Mr. Glickman, that Council adopt Resolution 2003-40 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AWARDING A CONSTRUCTION CONTRACT TO GOLDEN BAY CONSTRUCTION COMPANY FOR PROJECT 0201 - BLOSSOM HILL ROAD SIDEWALK CONSTRUCTION IN THE AMOUNT OF $99,839.75, also authorizing staff to execute future change orders to the construction contract as necessary up to an amount of $20,000. Carried unanimously. N:\CLK\Council Minutes\2003\M 04-21-03.wpd 2 Town Council Minutes April 21, 2003 Redevelopment Agency Los Gatos, California PROJECT 0227/WINCHESTER-DAVES INTERSECTION/RESOLUTION 2003-41 (14.24) Motion by Mr. Pirzynski, seconded by Mr. Glickman, that Council adopt Resolution 2003-41 entitled, RESOLUTION OF THE TOWN OF LOS GATOS ACCEPTING WORK OF GOLDEN BAY CONSTRUCTION COMPANY FOR PROJECT 0227 - WINCHESTER AND DAVES INTERSECTION IMPROVEMENTS AND AUTHORIZING THE MANAGER TO EXECUTE CERTIFICATE OF ACCEPTANCE AND NOTICE OF COMPLETION FOR RECORDING BY THE TOWN CLERK. Carried unanimously. LAND & LIGHT DISTRICTS 1 & 2/ENGINEER’S REPORT/RESOLUTION 2003-42 (15A.26) Motion by Mr. Pirzynski, seconded by Mr. Glickman, that Council adopt Resolution 2003-42 entitled, RESOLUTION OF THE TOWN OF LOS GATOS OF PRELIMINARY APPROVAL OF ENGINEER’S REPORT FOR FISCAL YEAR 2003-2004 TOWN OF LOS GATOS LANDSCAPING AND LIGHTING ASSESSMENT DISTRICTS 1 & 2. Carried unanimously. LAND & LIGHT DISTRICT 1/BLACKWELL DRIVE/RESOLUTION 2003-43 (15B.26) Motion by Mr. Pirzynski, seconded by Mr. Glickman, that Council adopt Resolution 2003-43 entitled, RESOLUTION OF THE TOWN OF LOS GATOS OF ITS INTENTION TO LEVY AND COLLECT ASSESSMENTS FOR FISCAL YEAR 2003-2004 IN LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT “1" - BLACKWELL DRIVE BENEFIT ZONE - AND SET PUBLIC MEETING AND PUBLIC HEARING TO CONSIDER THE PROPOSED ASSESSMENTS. Carried unanimously. LAND & LIGHT DISTRICT 1/KENNEDY MEADOWS/RESOLUTION 2003-44 (15C.26) Motion by Mr. Pirzynski, seconded by Mr. Glickman, that Council adopt Resolution 2003-44 entitled, RESOLUTION OF THE TOWN OF LOS GATOS OF ITS INTENTION TO LEVY AND COLLECT ASSESSMENTS FOR FISCAL YEAR 2003-2004 IN LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT “1" - KENNEDY MEADOWS BENEFIT ZONE - AND SET PUBLIC MEETING AND PUBLIC HEARING TO CONSIDER THE PROPOSED ASSESSMENTS. Carried unanimously. LAND & LIGHT DISTRICT 1/SANTA ROSA HEIGHTS/RESOLUTION 2003-45 (15D.26) Motion by Mr. Pirzynski, seconded by Mr. Glickman, that Council adopt Resolution 2003-45 entitled, RESOLUTION OF THE TOWN OF LOS GATOS OF ITS INTENTION TO LEVY AND COLLECT ASSESSMENTS FOR FISCAL YEAR 2003-2004 IN LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT “1" - SANTA ROSA HEIGHTS BENEFIT ZONE - AND SET PUBLIC MEETING AND PUBLIC HEARING TO CONSIDER THE PROPOSED ASSESSMENTS. Carried unanimously. LAND & LIGHT DISTRICT 1/VASONA HEIGHTS/RESOLUTION 2003-46 (15E.26) Motion by Mr. Pirzynski, seconded by Mr. Glickman, that Council adopt Resolution 2003-46 entitled, RESOLUTION OF THE TOWN OF LOS GATOS OF ITS INTENTION TO LEVY AND COLLECT ASSESSMENTS FOR FISCAL YEAR 2003-2004 IN LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT “1" - VASONA HEIGHTS BENEFIT ZONE - AND SET PUBLIC MEETING AND PUBLIC HEARING TO CONSIDER THE PROPOSED ASSESSMENTS. Carried unanimously. LAND & LIGHT DISTRICT 1/HILLBROOK BENEFIT ZONE/RESOLUTION 2003-47 (15F.26) N:\CLK\Council Minutes\2003\M 04-21-03.wpd 3 Town Council Minutes April 21, 2003 Redevelopment Agency Los Gatos, California Motion by Mr. Pirzynski, seconded by Mr. Glickman, that Council adopt Resolution 2003-47 entitled, RESOLUTION OF THE TOWN OF LOS GATOS OF ITS INTENTION TO LEVY AND COLLECT ASSESSMENTS FOR FISCAL YEAR 2003-2004 IN LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT “1" - HILLBROOK BENEFIT ZONE - AND SET PUBLIC MEETING AND PUBLIC HEARING TO CONSIDER THE PROPOSED ASSESSMENTS. Carried unanimously. LAND & LIGHT DISTRICT 2/GEMINI COURT/RESOLUTION 2003-48 (15G.26) Motion by Mr. Pirzynski, seconded by Mr. Glickman, that Council adopt Resolution 2003-48 entitled, RESOLUTION OF THE TOWN OF LOS GATOS OF ITS INTENTION TO LEVY AND COLLECT ASSESSMENTS FOR FISCAL YEAR 2003-2004 IN LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT “2" - GEMINI COURT BENEFIT ZONE - AND SET PUBLIC MEETING AND PUBLIC HEARING TO CONSIDER THE PROPOSED ASSESSMENTS. Carried unanimously. PROJECT 0233B/SANTA CRUZ AVE/ELECTRICAL/RESOS 2003-50 & 2003 9RD (17.24) Motion by Mr. Pirzynski, seconded by Mr. Glickman, that Council/Agency adopt Resolutions 2003-50 and 2003-9RD entitled, RESOLUTION OF THE TOWN COUNCIL/REDEVELOPMENT AGENCY OF THE TOWN OF LOS GATOS APPROVING THE PLANS AND SPECIFICATIONS FOR PROJECT 0233B - SANTA CRUZ AVENUE ELECTRICAL IMPROVEMENTS AND AUTHORIZING STAFF TO ADVERTISE THE PROJECT FOR BIDS, also authorizing purchase of long-lead items for the project. Carried unanimously. 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. VERBAL COMMUNICATIONS (XX.28) Ray Davis asked that the audio visual tapes be kept by the Town so that he can submit them to the District Attorney when he has questions about meeting procedures and Brown Act violations. He also questioned the discussion at the Planning Commission regarding the drafting of a new tree ordinance for the Town. COUNTY REFERRALS (02.31) Ray Davis asked that the Town address the county referrals with more vigor. Mayor Decker N:\CLK\Council Minutes\2003\M 04-21-03.wpd 4 Town Council Minutes April 21, 2003 Redevelopment Agency Los Gatos, California explained that this application was for a building site only and not for Architecture and Site and that the Town has articulated its policies to the county on these applications over the years. Motion by Mr. Glickman, seconded by Mr. Pirzynski, that Council accept the report concerning County Referrals: NUMBER LOCATION APPLICATION REQUEST RECOMMENDATION 7083 16286 Shannon Road Dabadghav Building Site Approval/One Condition Carried unanimously. MINUTES OF APRIL 7, 2003 (07.V) Ray Davis noted that Council comments on Music in the Plaza are not reflected in the minutes. He also reiterated his comments about offering a bonus to the Police Chief for a job well done and noted that the General Plan requires a buffer zone between the Los Gatos Bar & Grill and the residential neighborhood. Motion by Mr. Pirzynski, seconded by Mr. Glickman, that Council approve the Minutes of April 7, 2003, Regular Joint Town Council/Redevelopment Agency Meeting as corrected. Mayor Decker asked that Mr. Davis’ comment concerning the General Plan requirement be added. Carried unanimously. SANTA CRUZ AVENUE 15½/LOS GATOS BAR & GRILL/CUP (12.15) Ray Davis spoke of the need to adjust the hours for trash disposal and for the establishment of a citizens’ hot line for complaints concerning conditions not being followed Council Consensus: *The private deck area of the Los Gatos Bar & Grill to be better delineated in the conditions of approval from the common use stair well and deck on the west side. *Staff to define sound attenuation devises to be added along common use deck on the west side of the building *Develop process for citizen hot line for reporting use permit violations. *Staff to discuss with business owner the appropriate hours for garbage disposal and return to Council for consideration PROJECT 0233/DOWNTOWN STREET IMPROVEMENTS/RESOS 2003-49 & 2003 8RD (16.24) Ray Davis noted the safety issues associated with traffic signal islands and children. He asked that traffic signals return to the main sidewalks and the islands be removed. Motion by Mr. Pirzynski, seconded by Mr. Glickman, that Council/Agency adopt Resolution 2003-49 & 2003-8RD entitled, RESOLUTION OF THE TOWN COUNCIL/REDEVELOPMENT AGENCY AWARDING A CONSTRUCTION CONTRACT TO ROBERT A. BOTHMAN INC. FOR PROJECT 0233 - DOWNTOWN STREET IMPROVEMENTS IN THE AMOUNT OF $960,000, also authorizing staff to execute future change orders to the construction contract as necessary up to an amount of $50,000 and authorizing budget adjustment of $250,000 from available 2002 RDA COP proceeds designated for Downtown Streetscape Project 930-0233. Carried unanimously. PROJECT 0107/TOWN PLAZA RECONSTRUCTION/RESOS 2003-51 & 2003 10RD (18.24) Ray Davis addressed the need for restroom facilities for the new Town Plaza. N:\CLK\Council Minutes\2003\M 04-21-03.wpd 5 Town Council Minutes April 21, 2003 Redevelopment Agency Los Gatos, California Motion by Mr. Pirzynski, seconded by Mr. Glickman, that Council/Agency adopt Resolution 2003-51 & 2003-10RD entitled, RESOLUTION OF THE TOWN COUNCIL/REDEVELOPMENT AGENCY OF THE TOWN OF LOS GATOS ACCEPTING WORK OF ROBERT A. BOTHMAN, INC. FOR PROJECT 0107 - TOWN PLAZA RECONSTRUCTION AND AUTHORIZING THE TOWN MANAGER/EXECUTIVE DIRECTOR TO EXECUTE CERTIFICATE OF ACCEPTANCE AND NOTICE OF COMPLETION FOR RECORDING BY THE TOWN CLERK/SECRETARY OF THE REDEVELOPMENT AGENCY. Carried unanimously. ECONOMIC VITALITY ROUNDTABLE/FORMATION/DISCUSSION (21.28) Marty Woodworth presented an overview of the formation of this Roundtable. Margaret Smith, representing the Chamber, spoke enthusiastically of the concept and offered support in helping with its formation. Council Consensus: *To remove a portion of the suggested mission statement so that it would now read, “To advise the Town Council on economic vitality policies and programs needed to support and enhance the business community’s contribution to the quality of life in Los Gatos.” *Updates to Council on implementation and progress as the Roundtable gathers the ideas of the business community to assist and support Town services that make Los Gatos special and unique. *The composition of the Roundtable should consist of a core of interested businesses that would meet monthly. Council Members will not be on the Roundtable. *The Town Manager will recommend applicants to Council for appointment *The goal should then be to expand the outreach to the business community and include as many segments as possible. *A facilitator will be employed to assist the group at least for the initial meeting. *Measures for success shall be developed as the program develops. TOWN HALL MEETINGS IN NEIGHBORHOODS (22.28) Debra Figone, Town Manager, gave an overview of the concept for Town Hall meetings to be held in various neighborhoods of our community. She noted that residents would be able to speak on the specific issues affecting their areas and would also be given the opportunity to meet and speak with Council Members and Town staff in a less formal setting. Two dates were suggested to initiate this program, June 30, 2003 and September 29, 2003. Ray Davis suggested that these meetings be broadcast on TV. He also asked that a larger bulletin board be made available for the public notices at Town Hall. Council Consensus to proceed with this concept and begin with the Bel Gatos and La Rinconada neighborhoods which are the furthest to the east and west of the Civic Center. That method for notice and survey of the neighborhood be developed in order to develop a meaningful agenda. That public input will be accepted, and information on Town services delivered but no action will be taken. COUNCIL MATTERS (23.28) There were no reports this evening. N:\CLK\Council Minutes\2003\M 04-21-03.wpd 6 Town Council Minutes April 21, 2003 Redevelopment Agency Los Gatos, California MANAGER MATTERS (24.28) Civic Center/Library Master Plan/Revised Time Line Debra Figone, Town Manager, discussed the progress and development of the master plan and the need for extending the time line. She noted that this is the time of the budget process and it does not offer the appropriate staff resources to concentrate on the Phase II analysis which is the space and operational planning phase. In order to give this study its full attention she suggested bringing the report to Council by early September. ADJOURNMENT Mayor/Chairman Decker adjourned this evening's meeting at 8:49 p.m. ATTEST: Marian V. Cosgrove, Town Clerk N:\CLK\Council Minutes\2003\M 04-21-03.wpd 7