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M 08-18-03TOWN OF LOS GATOS CALIFORNIA TOWN COUNCIL/PARKING AUTHORITY JOINT REDEVELOPMENT AGENCY August 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, August 18, 2003, in joint regular session. 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. 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(b) regarding anticipated litigation concerning significant exposure to litigation pursuant to one potential case. Council gave direction. There was no reportable action taken. ART SELECTION PANEL OPENING (00.12) Mayor Decker announced that no applications had been received for one opening on the Art Selection Panel. The Clerk will re-advertise this position. HISTORIC PRESERVATION COMMITTEE/APPOINTMENT/LEN PACHECO (00.12) Mayor Decker announced that one application from Len Pacheco had been received for the one vacancy on the Historic Preservation Committee. Voting was held and Mr. Pacheco was re- appointed to a term expiring 8/1/07. N:\CLK\Council Minutes\2003\M 08-18-03.wpd Town Council Minutes August 18, 2003 Redevelopment Agency Los Gatos, California PERSONNEL BOARD/OPENINGS (00.12) Mayor Decker announced that two applications had been received from Cecelia Bass and Cristina Piasecki for one vacancy on the Personnel Board. Due to a scheduling conflict, this opening will be re-agendized for September 15, 2003. ARTS COMMISSION COMMENDATIONS (00.28) Mayor Decker announced that there were two Town Commendations for Carla Dougher and David Breidenthal for their years of dedicated service on the Arts Commission. They were not present to receive their commendations which will be delivered to them. SCHEDULE OF PUBLIC HEARINGS (01.28) Motion by Mr. Glickman, seconded by Mr. Pirzynski, that Council accept and file informational report regarding currently scheduled public hearings. Carried unanimously. RATIFICATION OF PAYROLL/JULY-AUGUST 2003 (02.V) Motion by Mr. Glickman, seconded by Mr. Pirzynski, that Council ratify the check register for payroll of July 20, 2003 through August 2, 2003 paid on August 8, 2003 in the amount of $562,013.72. Carried unanimously. ACCOUNTS PAYABLE/RATIFICATION/AUGUST 2003 (03.V) Motion by Mr. Glickman, seconded by Mr. Pirzynski, that Council ratify the accompanying check registers for accounts payable invoices paid on August 1, 2003 and August 8, 2003 in the amount of $968,062.43. Carried unanimously. MINUTES OF AUGUST 4, 2003 (04.V) Motion by Mr. Glickman, seconded by Mr. Pirzynski, that Council approve the Minutes of August 4, 2003, Regular Joint Town Council/Redevelopment Agency Meeting as submitted. Carried unanimously. SANTA CLARA COUNTY GRAND JURY/COMPUTER SYSTEMS DISASTER RECOVERY (05.41) Motion by Mr. Glickman, seconded by Mr. Pirzynski, that Council approve response to Santa Clara County Grand Jury Request for Information on Computer Information Systems Disaster Recovery Plans. Carried unanimously. UNIVERSITY AVENUE 605/SOLAR PANELS/RESOLUTION 2003-97 (06.15) Motion by Mr. Glickman, seconded by Mr. Pirzynski, that Council adopt Resolution 2003-97 entitled, RESOLUTION OF THE TOWN OF LOS GATOS DENYING AN APPEAL OF A DECISION OF THE PLANNING COMMISSION DENYING A REQUEST TO MODIFY THE EXTERIOR OF A COMMERCIAL BUILDING BY INSTALLING UNSCREENED SOLAR PANELS ON A LOT ZONED LM. Carried unanimously. Mr. Wasserman thanked the Attorney for the resolution that noted the Town’s various development policies which harmonize with the Town’s practices and policies intended to preserve its architectural quality, small town charm, historic character, and which also strongly support the use N:\CLK\Council Minutes\2003\M 08-18-03.wpd 2 Town Council Minutes August 18, 2003 Redevelopment Agency Los Gatos, California of energy conservation and alternative energy technologies. PROJECT 0410/STAR TIME CUSTODIAL SERVICE/RESOLUTION 2003-99 (08.24) Motion by Mr. Glickman, seconded by Mr. Pirzynski, that Council/Agency adopt Resolution 2003-99 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AWARDING A CONTRACT TO STAR TIME BUILDING MAINTENANCE FOR PROJECT 0410 - CUSTODIAL SERVICES CONTRACT IN THE AMOUNT OF $95,983.20. Carried unanimously. OAK MEADOW PARK/SHADE TRELLIS/PICNIC AREA/RESOLUTION 2003-100 (09.33) Motion by Mr. Glickman, seconded by Mr. Pirzynski, that Council adopt Resolution 2003-100 entitled, RESOLUTION OF THE TOWN OF LOS GATOS TO ACCEPT THE GRANT OF ROTARY INTERNATION ASSISTANCE PROGRAM TO ASSIST IN THE DESIGN AND INSTALLATION OF A SUNSHADE TRELLIS STRUCTURE AT OAK MEADOW PARK IN THE AMOUNT OF $1,000. Carried unanimously. WATERSHED RESOURCES PROTECTION GUIDELINES/RESOLUTION 2003-101 (10.44) Motion by Mr. Glickman, seconded by Mr. Pirzynski, that Council adopt Resolution 2003-101 entitled, RESOLUTION OF THE TOWN OF LOS GATOS IN SUPPORT OF THE SANTA CLARA VALLEY WATER RESOURCES PROTECTION COLLABORATIVE MEMORANDUM OF CONSENSUS FOR MUTUAL COOPERATION TO JOINTLY DEVELOP AND IMPLEMENT WATER AND WATERSHED RESOURCES PROTECTION MEASURES, GUIDELINES AND STANDARDS IN SANTA CLARA COUNTY. Carried unanimously. PROJECT 0210A/RETAINING WALL REPLACEMENT/RESOLUTION 2003-102 (11.24) Motion by Mr. Glickman, seconded by Mr. Pirzynski, that Council/Agency adopt Resolution 2003-102 entitled, RESOLUTION OF THE TOWN OF LOS GATOS APPROVING THE PLANS AND SPECIFICATIONS FOR CAPITAL PROJECT 0210A - RETAINING WALL REPLACEMENT AND AUTHORIZING STAFF TO ADVERTISE THE PROJECT FOR BIDS. Carried unanimously. REDEVELOPMENT PROJECT AREA AMENDMENT/RESOLUTIONS 2003-103 & 21RD (12.25) Motion by Mr. Glickman, seconded by Mr. Pirzynski, that Council/Agency adopt Resolutions 2003-103 & 2003-21RD entitled, RESOLUTION OF THE TOWN COUNCIL/REDEVELOPMENT AGENCY OF THE TOWN OF LOS GATOS AUTHORIZING A JOINT PUBLIC HEARING TO CONSIDER ADOPTION OF THE PROPOSED AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE CENTRAL LOS GATOS REDEVELOPMENT PROJECT AREA. Carried unanimously. PROJECT 0233B/SANTA CRUZ AVE/ELECTRICAL WORK/RESOS 2003-104 & 2003-22RD (13A.24) Motion by Mr. Glickman, seconded by Mr. Pirzynski, that Council/Agency adopt Resolutions 2003-104 & 2003-22RD entitled, RESOLUTION OF THE TOWN COUNCIL/REDEVELOPMENT AGENCY OF THE TOWN OF LOS GATOS AUTHORIZING STAFF TO NEGOTIATE A CONTRACT FOR PROJECT 0233B - SANTA CRUZ AVENUE ELECTRICAL IMPROVEMENTS. Carried unanimously. PROJECT 0233B/SANTA CRUZ AVENUE/ELECTRICAL IMPROVEMENTS N:\CLK\Council Minutes\2003\M 08-18-03.wpd 3 Town Council Minutes August 18, 2003 Redevelopment Agency Los Gatos, California CONSTRUCTION CONTRACT/CUPERTINO ELECTRIC/RESOS 2003-105 & 2003-23RD (13B.24) Motion by Mr. Glickman, seconded by Mr. Pirzynski, that Council/Agency adopt Resolutions 2003-105 & 2003-23RD entitled, RESOLUTION OF THE TOWN COUNCIL/REDEVELOPMENT AGENCY OF THE TOWN OF LOS GATOS AWARDING A CONSTRUCTION CONTRACT TO CUPERTINO ELECTRIC COMPANY IN THE AMOUNT OF $199,700.97 FOR PROJECT 0233B - SANTA CRUZ AVENUE ELECTRICAL IMPROVEMENTS, and authorizing staff to execute future change orders as necessary up to an amount of $30,000. Carried unanimously. VERBAL COMMUNICATIONS (XX.28) Grading on Shady Lane: Ray Davis spoke of grading activities taking place on Shady Lane at this time and the damage to the hillside and the ridgeline. PUBLIC HEARINGS RESERVOIR ROAD/REMOVAL OF RESERVOIR/SAN JOSE WATER/APPEAL (16.15) Mayor Decker stated that this was the time and place duly noted for public hearing to consider an appeal of the decision of the Planning Commission denying an application to remove the existing reservoir and facilities and a four lot subdivision on property zoned R-1:20. No significant environmental impacts have been identified as a result of this project and a Mitigated Negative Declaration is recommended. APN 529-31-041. Architecture and Site Application S-01-77. Subdivision Application M-01-13. Negative Declaration ND-01-11. Property Location: Reservoir Road. Property Owner - Applicant -Appellant: San Jose Water Company. The following people from the audience addressed this issue: Richard Pardini, speaking for San Jose Water Co, gave an overview of the proposal speaking of grading, landscaping, tree sensitivity, safety of the road, and fire protection. He spoke of the increased water pressure to be made available on the line and of the sewer line which will be relocated. He also referred to the safety measures that will be put in place during the construction of the project. Norm Matteoni, Attorney for the project, spoke of reclamation of the property and of the suitability of four lots at this site. He spoke of the time and effort that will be expanded to make this site environmentally sensitive and compatible with the neighborhood. Dennis McEvoy asked that Council reject the proposal and instead remove the reservoir and return the original ravine. He suggested a design of his own and submitted the numbers to support his proposal. Dee Hospodor, neighborhood resident requested denial. Asked for a less disruptive plan. Asked that the reservoir be removed and less change to the existing topography be allowed. James Sodenberg, resident asked for denial and asked for compromise with little earth removal and original topography followed. Susan Kankel, resident asked for denial and a less disruptive plan. She asked that the character of the neighborhood be reflected in any approved design. Anthony Lesso, asked for total rejection. Spoke of amount of fill, polution issues due to residue left over, and that College is a very well traveled road, with many pedestrians and cyclists using it N:\CLK\Council Minutes\2003\M 08-18-03.wpd 4 Town Council Minutes August 18, 2003 Redevelopment Agency Los Gatos, California all day long. He asked for mitigation to be placed to alleviate the traffic impacts. Suzanne Cochran spoke of the numbers of trucks that will be traveling on this road during this construction. She spoke of the businesses that will also be impacted by the 1,400 trucks for the project. She noted several intersections and the High School impacts. She asked for no more than four lots and notification to all those who would be impacted. Clark Cochran, neighbor asked for the appeal to be rejected. He asked that the reservoir be removed and that the fill be at bare minimum with just three or four homes to be built. Kim Worsencroft, asked that the proposal be denied and and that the reservoir be removed. She asked that there be less impact to the neighborhood. Ray Davis, spoke of peer review lacking in the plan development. He wanted to know what the land study was as far as slides and safety go. Dotti Bonner, spoke against the proposal and spoke of the safety of this road especially with large trucks traveling on it as the project is developed. Art Bonner, spoke against this project. He asked that the reservoir be removed and that the sewer line issues be reviewed. Traffic issues and safety are large problems. HEARING CONTINUED RESERVOIR ROAD/REMOVAL OF RESERVOIR/SAN JOSE WATER/CONT. Speakers continued: Shirley Henderson, business owner and resident on Los Gatos Boulevard. Spoke of the great impact of the project trucks on our new paving, the High School, and the corner of Los Gatos Boulevard and Highway 9. Kent Westerberg with Atwood, Haiman & Westerberg, Attorneys, asked Council for denial. He believes that there is no strong community benefit and submitted a letter delineating his objections to the proposal. Michael Thompson, owner of Southern Kitchen, feels that the traffic conjestion will drive away his customers. Asked that project not last more than 8 days. Norm Matteoni, rebutted the comments from the audience. He spoke again of rerouting of the sewer line that the video equipment could not pass through. Ray Hashimoto, representing HMH Inc, spoke of 8 days of fill operation requiring 620 trucks and trailer, noting also the demolition of the reservoir which would take 3 days and 140 truck loads. No one else from the audience addressed this subject. Council Comments: Traffic: Council asked for specifics on the impacts of the number of trucks that would be needed to remove the reservoir. They also asked for itemization of the impacts for removing 4,000 cubic yards compared to 8,000 cubic yards. Council would like an outline of the directions the trucks would run, the times they would travel, the specific number of days to be traveled and the mitigation methods for this heavy impact on the roads, neighborhoods traveled and staging operations. The residential, business and school neighborhoods to be impacted need to be specified. Also the methods of repairing the traveled streets need to be specified. Council asked that the reservoir be removed first and then the site be reviewed for a proposal at that point. The proponents of the current proposal do not feel that they are able to separate the reservoir removal from the whole proposal but were willing to discuss an alternative method of dealing with the sewer line. They are also willing to run tests of the site for toxic wastes before the removal takes place. Motion by Diane McNutt, seconded by Steve Glickman, to continue this public hearing to N:\CLK\Council Minutes\2003\M 08-18-03.wpd 5 Town Council Minutes August 18, 2003 Redevelopment Agency Los Gatos, California November 17, 2003, so that additional testing concerning possible toxins can be made, and that answers regarding construction traffic and the re-engineering of the sewer line in question can be obtained. Carried unanimously. RECESS CALLED AT 9:50 Mayor Decker reconvened the meeting at 9:55 p.m. SANTA CRUZ AVENUE N. 330/RESTAURANT CUP/ALCOHOL SERVICE (07.15) Council Consensus to return the draft resolution and/or the conditions of approval on September 2, 2003, to include the addressing of compatible exterior design for lighting, for signage, for attractive furniture and outside barrier treatment to be discussed during the architecture review. OLD TOWN/SPECIAL EVENTS PERMIT (17.36&10) Council & Staff Comments: The report discussed the event series that are being planned at the Old Town ampitheater. It was also noted that there have been no complaints regarding the teens holding their musical concerts at this location. There will be further outreach to the neighbhood in this vicinity to let them know of the activities planned. The size and output of the speakers will be moderated and parents will be acting as supervisors for the events. The activities will be concluded by 10 p.m. and the owners and managers of Old Town were thanked for their help in hosting the teen’s activities. Council spoke highly of the young people who have worked to put on these shows. OLD TOWN/SPECIAL EVENTS PERMIT CONTINUED The following people spoke to this item: Chris Miller spoke highly of the teen event. He asked for expansion of this type of activity at Old Town. Ray Davis asked that more information on special events be noted for the public. Mr. Padilla enjoyed the teen event with his daughters and is looking forward to doing more at the ampitheater for the whole community. Lisa Hauck with the wine cellar restaurant was present to support the planned event calendar. Motion by Mr. Glickman, seconded by Mr. Wasserman, to approve the issuance of a special event permit for Old Town series of activities. Carried by a vote of 4 ayes. Ms McNutt abstained. GATEWAY DESIGN WORKING GROUP FORMATION (18.27) Marty Woodworth gave an overview of the idea for the formation of this program and explained who might be asked to serve on this group activity. Ms McNutt asked that no additional funds be spent on “Welcome to Los Gatos” signs in the downtown and noted that the Gateway Design Working Group should focus on designing “end caps” (design features) for the downtown rather than Gateways into Town. Motion by Ms McNutt, seconded by Mr. Glickman, to move forward on this proposal and approve the design group of eleven people. Carried unanimously. N:\CLK\Council Minutes\2003\M 08-18-03.wpd 6 Town Council Minutes August 18, 2003 Redevelopment Agency Los Gatos, California ECONOMIC VITALITY ROUNDTABLE FORMATION (19.27) Marty Woodworth spoke of the formation of the Economic Vitality Roundtable and how the Chamber’s Business Forum is taking on the activities of the roundtable at this time. Ms McNutt asked that Council not abandon this activity yet. She asked that more be done to get individuals to participate. Businesses need more time to get involved in the mission that was set out for this advisory group. The roundtable was envisioned as a group of representative businesses that would meet and then conference with Council giving insight and ideas on what may be needed to help and encourage the economic health of our community. She spoke of Council being proactive in locating and identifying leadership in the business community to serve this advisory roll. She also asked that the roundtable be held once or twice a year with full community notification on the issues to be discussed, and that notes be taken and reviewed with Council for further consideration. Council 1) directed staff to attend and participate in business forums sponsored by the Chamber of Commerce and to report information back to Council; 2) directed staff to facilitate quarterly Council Study Sessions at which the Council could receive input on specific economic vitality issues and discuss issues and actions. Debra Figone, Town Manager, noted that staff would continue the ongoing partnership with the Chamber of Commerce and continue planning for workshops and avenues of participation. Ray Davis spoke against this activity and does not want to see an Economic Vitality Program implemented in Los Gatos. AMENDMENT OF TOWN CODE/INDEMNIFICATION OF TOWN/ORDINANCE (20.37) Ray Davis asked why there was a need for this proposed amendment. He asked that the Town Code remain the way it is and face responsibility for liabilities as they now stand. Motion by Mr. Glickman, seconded by Mr. Wasserman, to Waive the Reading of the Draft Ordinance. Carried unanimously. The Town Clerk read the Title of the Draft Ordinance. Motion by Mr. Glickman, seconded by Mr. Wasserman, to Introduce Draft Ordinance entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING CHAPTER 1 OF THE MUNICIPAL CODE AND ADDING SECTION 1.10.115 REQUIRING THAT APPLICANTS DEFEND AND INDEMNIFY THE TOWN IN LEGAL CHALLENGES TO THE ISSUANCE OF PERMITS, LICENSES, ENTITLEMENTS OR APPROVALS. Carried by a vote of 4 ayes. Ms McNutt voted no. MEETING PAST 11:00 P.M. Motion by Mr. Pirzynski, seconded by Mr. Wasserman, to extend this meeting past 11:00 p.m. N:\CLK\Council Minutes\2003\M 08-18-03.wpd 7 Town Council Minutes August 18, 2003 Redevelopment Agency Los Gatos, California Carried unanimously. VTA/ROUTE 85 & ROUTE 17 CONNECTOR RAMP AT LARK(OKA RD NEIGHBORHOOD) (21.15) Council Consensus to request that the Valley Transportation Authority remove the proposed connector ramp between Route 85 and Route 17 from their plans. This location of freeway has not been the cause of undue accidents and the neighborhood that would be impacted by the noise and inconvenience is adamantly opposed to this proposal. They requested that Council work on having the project removed from the project list. MANAGER MATTERS (22.28) The Manager did not give a report this evening. ADJOURNMENT Mayor Decker closed this evening’s meeting at 11:13 p.m. ATTEST: Marian V. Cosgrove Town Clerk N:\CLK\Council Minutes\2003\M 08-18-03.wpd 8