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M 12-06-04TOWN OF LOS GATO S CALIFORNI A TOWN COUNCIL/PARKING AUTHORIT Y JOINT REDEVELOPMENT AGENC Y DECEMBER 6, 2004/MINUTE S Los Gatos Civic Center 110 E . Main Stree t Los Gatos, CA 9503 0 TIME ITEM ACTION ON ITE M 7 :00 PM TOWN COUNCIL The Town Council/Parking Authority/Redevelopment Agency of the Tow n of Los Gatos met in the Council Chambers of the Town of Hall , 110 East Main Street, at 7 :00 PM, December 6, 2004,in a joint regular session . 7 :01 PM ROLL CALL Present : Sandy Decker, Diane McNutt, Joe Pirzynski, Steve Glickman , and Mayor/Chairman Mike Wasserma n Absent : Non e 7 :02 PM PLEDGE O F ALLEGIANCE The audience was invited to participate in the Pledge of Allegiance . 7 :04 PM CLOSED SESSION Town Attorney, Orry Korb, reported that the Council had met in Close d Session prior to this evening's meeting pursuant to the following : CONFERENCE WITH REAL PROPERTY NEGOTIATO R (Government Code Section 54956 .8 ) Property : Knowles Avenu e Negotiating parties : Town of Los Gatos (Negotiator Debr a Figone, Town Manager ) County of Santa Clar a Under negotiation : Price and terms of paymen t NO ACTION TAKEN . 7 :12 PM PRESENTATIONS Commendation s • Ben Dickinson, Lance Corporal,U .S . Marine Corp . • IACP Community Policing Award given on behalf of Aliv e and Loving Life . Town Council Minutes Redevelopment Agency December 6, 200 4 Los Gatos, Californi a 7 :17 PM INTRODUCTIONS Danielle Surdin, Economics Vitality Manage r • Ms . Surdin was presented with a commendation from the City o f Saratoga . MarLyn Rasmussen, Clerk Administrator 7 :19 PM ITEM #1 7 MANAGER S MATTERS ITEM #17 (17-28) • Verbal update on Clerk Department transition . Consensus to hear Manager Matters before Item #1 . Mrs . Figone gave a update on the transition relating to the Elected an d Administrative Clerk positions . 7 :21 PM ITEM #1 CERTIFICATIO N OF MUNICIPA L ELECTION ITEM #1 (1-3 ) • Adopt resolution certifying the November 2, 2004 Los Gato s General Municipal Election and declaring the election results . RESOLUTION 2004-14 1 7 :22 PM Motion by Mr . Glickman to adopt certification of the Election . Seconded by Mr. Pirzynski . 7 :23 PM MAYOR CALLE D THE QUESTION Carried unanimously . 7 :24 PM COMMENDATIO N OUT GOING COUNCIL MEMBER Mayor Wasserman awarded Sandy Decker with a Commendation an d wooden plaque with the Town logo for her services to the Town .Mrs . Decker thanked Mr . Wasserman and commented on her experience durin g her years on the Council . 7 :30 PM SWEARING IN • Marian Cosgrove - Elected Town Cler k • Linda Lubeck - Town Treasure r • Steve Glickman - Council Membe r • Barbara Spector - Council Membe r 7 :44 PM COUNCI L COMMENTS Mrs . Specto r • Thanked the community for their support during the campaign . • Thanked Sandy Decker for her services to the Town . • Spoke on protecting the neighborhoods, hillsides and the busines s community . Page 2 of 1 0 N :AMASTER \COUNCIL\MINUTES\2004\M 2-06-04 .do c Town Council Minute s Redevelopment Agency December 6, 200 4 Los Gatos, California 7 :49 PM COUNCI L COMMENT S Continued Mr . Glickman • Commented on the community, and the election . He is lookin g forward to serving another four years . 7 :51 PM ROLL CALL O F NEW COUNCIL Present : Barbara Spector, Diane McNutt, Joe Pirzynski, Steve Glickman , and Mayor/Chairman Mike Wasserman . Absent : Non e 7 :52 PM CONSENT ITEMS TOWN COUNCI L #2-1 3 ITEM #9 PULLED 2 . Accept Schedule of Public Hearings . (2-V ) 3 . Ratify payroll for the period of October 24 - November 6, 200 4 paid on November 12, 2004 . (3-V ) 4 . Ratify accounts payable for November 12, 2004 . (4-V ) 5 . Approve Council Committee Appointments effective January!, 2005 . (5-12) 6 . Adopt corrected resolution approving the Memorandum o f Understanding (MOU) between the Town of Los Gatos and the Town Employees Association (TEA) for the period June 20, 200 4 through November 1, 2006 .RESOLUTION 2004-139 (6-29 ) 7 . Adopt resolution approving the temporary/hourly employe e compensation for Fiscal Year 2004-2005 . RESOLUTION 2004-142 (7-29 ) 8 . Adopt resolution approving maintenance agreement and authorizin g Town Manager to execute contract between Town and Dynix, Inc . for library information system maintenance . RESOLUTION 2004-143 (8-32 ) 10 . Adopt resolution granting an easement to San Jose Water Compan y for construction of a 24 inch water line within Vasona Park . RESOLUTION 2004-145 (10-40 ) 11 . Abatement of Hazardous Vegetation (Weeds ) a . Adopt resolution declaring hazardous vegetatio n (weeds) a public nuisance and providing for thei r abatement and setting a public hearing in order to hea r protest . Page 3 of 1 0 N :AMASTER\COUNCIL\MINUTES\2004\M 3 06 04 .doc Town Council Minute s Redevelopment Agency December 6, 200 4 Los Gatos, Californi a CONSENT ITEMS #2-13 continued b . Set January 3, 2005, as a public hearing date on this annua l program .RESOLUTION 2004-146 (11-33 ) REDEVELOPMENT 12 . Ratify accounts payable for November 12, 2004 . (12-V ) TOWN COUNCIL/REDEVELOPMENT (13-V ) 13 . Approve Council/Agency minutes of November 15, 2004 . MOTION by Mr . Pirzynski to approve Consent Items #2, #3, #4, #5, #6 , #7,#8, #10, #11, #12, and #13 . Seconded by Mrs . Spector . 7 :53 PM MAYOR CALLE D THE QUESTION Consent Items #2,#3, #4, #5,#7,#8, #10, #11, #12, and #1 3 Carried unanimously . Consent Item #6 Carried 4/1 Mrs. Spector abstained . 7 :54 PM PULLED ITEM #9 ITEM #9 (9-33 ) ACCEPTIN G $100,000 OF FUNDS ALLOCATED T O THE CITY OF MONTE SEREN O FOR CONSTRUCTIO N OF PROPOSE D SKATEBOAR D PARK 9 . Adopt resolution accepting $100,000 of funds allocated to the Cit y of Monte Sereno from the Per Capita Program under the Saf e Neighborhood, Clean Water, Clean Air and Coastal Protection Bon d Act of 2002 for construction of the proposed skateboard park o n Miles Avenue in Los Gatos . RESOLUTION 2004-14 4 7 :57 PM Mr . Davis commented on the possibility of receiving more skateboard park funding from the City of Monte Sereno . 7 :58 PM 1 1°MOTION by Mrs . McNutt to approve Item #9 . Seconded by Mr . Pirzynski . Page 4 of 1.0 N :AMASTER\COUNCIL\MINUTES\2004\M 12 06-04 .doc Town Council Minute s Redevelopment Agency December 6, 200 4 Los Gatos, Californi a MAYOR CALLED THE QUESTION Carried unanimously . 7 :59 PM 8 :02 PM VERBAL COMMUNICATION Mr . Davi s • Spoke regarding a tree falling on a vacant lot located on Blosso m Hill Road . Carlos Novillo • Commented regarding the City of Monte Sereno's actions relating t o a drainage ditch on his property line . • Democracy in the Town of Los Gatos . 8 :09 PM Peggy Wille y • Spoke against the closure of the Roberts Road Bridge . • Submitted a petition to keep the bridge open . Sandy Jordan • Suggested that the closure of the bridge may be illegal . • Would like to see measures taken for safety after the bridge i s closed . Scott Partridge • Spoke on adequate posting of a public hearing . • Agreed with the decision to close the bridge . Stephanie Christenberr y • Spoke in favor of closing the bridge . • Asked to keep the history of the bridge alive . Kim Gavi n • Spoke against closing the bridge . • Spoke on a vote taken at a neighborhood meeting to keep the bridg e open to traffic . Paul Viet h • Commented on a neighborhood meeting regarding the votes to kee p the bridge open . Staff: • Updated Council on the Roberts Road Bridge . • Spoke regarding the 165 notices that had been mailed out . • Community asked for the Bridge closure after the Holidays . • January 2005 is the scheduled date of closure . • Notices have been mailed out for the January date . Page 5 of 1 0 N :AMASTER\COUNCIL\MINUTESV2004\M I2 06-04 .do c Town Council Minute s Redevelopment Agency December 6, 200 4 Los Gatos, Californi a 8 :28 PM CLOSED VERBA L COMMUNICATIO N 8 :29 PM OTHER BUSINES S ITEM #14A CAPITA L IMPROVEMEN T PROGRAM FO R FISCAL YEAR 04-09 ITEM #14A (14A-9 ) Capital Improvement Program for Fiscal Year 04-0 9 a . Accept the Capital Improvement Program report fo r the first quarter 2004-05 and adopt resolution to authoriz e a mid-year budget adjustment of $350,000 from th e Building Maintenance fund to replace the Civic Cente r HVAC system renovation during FY2004-05 and a mid - year budget adjustment of $30,000 for the Oak Meado w Park Trellis Project . RESOLUTION 2004-14 7 Staff report made by John Curtis and Kevin Rohani . 8 :39 PM COUNCI L DISCUSSION • Asked for clarification on the status of the Quito Road Bridge . • Recommended staff contact the City of Saratoga to request movin g forward with the construction of the Quito Road Bridge in 2005 . OPEN/CLOS E PUBLICCOMMEN T 8 :44 PM MOTION by Mr . Pirzynski to allocate $30,000 to complete the trellis i n Oak Meadow Park .. Seconded by Mrs. McNutt . 8 :45 PM COUNCI L COMMENT • Discussed the availability of funds . • Asked if available funds included the Airplane at Oak Meadow Park . Staff : • Stated that total park bond funds are $720,000 . 8 :49 PM MAYOR CALLED THE QUESTION Carried unanimously . Page 6 of 1 0 N :AMAS`T'ER\COUNCIL\MINUTES\2004\M 2-06-04 .doc Town Council Minute s Redevelopment Agency December 6, 200 4 Los Gatos, Californi a 8 :50 PM ITEM #14A Continued MOTION by Mr . Pirzynski to approve Civic Center HVAC syste m renovatio n Seconded by Mrs . McNutt . 8 :51 PM MAYOR CALLE D THE QUESTION Carried unanimously . 8 :52 PM MOTION by Mr. Pirzynski to adopt resolution authorizing mid yea r budget adjustment of $350,000 from the Building maintenance fund for th e HVSC system . Seconded by Mrs . McNutt . 8 :53 PM MAYOR CALLED THE QUESTION Carried unanimously . 8 :54 PM PM ITEM #14 B CAPITA L IMPROVEMEN T PROGRAM FO R FISCAL YEAR 04-09 ITEM #14B (14B-9 ) Capital Improvement Program for Fiscal Year 04-0 9 b . Accept report on Street Repair and Resurfacin g Program for Fiscal Year 2004-2005 and provid e direction on exploring ongoing funding sources . Mrs . McNutt recused from Item #14B due to the proximity of he r residence . Staff report made by John Curtis . 9 :03 PM COUNCI L DISCUSSION • Clarification on the Jackson Road and Kimble Road areas . • Road repairs around the schools . • Sidewalks around Fisher and Van Meter Schools . • Forming districts for some of the road repairs . Staff : • Explained that overlaying and patching would work in some areas . • Suggested that finance options be addressed at the next stud y session . 9 :15 PM OPEN PUBLI C COMMENT Serina Eichelberger asked about the different types of resurfacin g materials and how they relate to the environment . 9 :17 PM CLOSED PUBLI C HEARING Page 7 of 1 0 N :AMASTER\COUNCIL\MINI FES\2004\M 12-06-04 .doc Town Council Minute s Redevelopment Agency December 6, 200 4 Los Gatos, Californi a 9 :18 PM ITEM #14 B Continued MOTION by Mrs . Spector to separate the selection of which streets nee d to be addressed from the funding issue . Seconded by Mr. Pirzynski . MATOR CALLE D THE QUESTION Carried 4/1 Mrs. McNutt recused . 9 :20 PM PART ON E MOTION by Mr. Pirzynski to approve the streets listed in scenario one . Seconded by Mr. Glickman . MAYOR CALLED THE QUESTION Carried 4/1 Mrs . McNutt recused . 9 :23 PM COUNCIL 1 DISCUSSION PART TW O • Asked for clarification regarding capital verses general funding fo r the repair and resurfacing program . • Justification for the one and a half million needed for ongoin g maintenance . • Concerned about adding expenditures . Staff : • Spoke on the analysis and funding from gas taxes and other revenu e sources . 9 :27 PM MAYOR ASKE D FOR CONSENSUS Council Consensus for staff to explore funding sources and bring back t o Council for discussion . Mrs . McNutt recused . 9 :28 PM ITEM #14 C CAPITA L IMPROVEMEN T PROGRAM FO R FISCAL YEAR 04-09 ITEM #14C (14C-9 ) Capital Improvement Program for Fiscal Year 04-0 9 c . Accept report and provide direction on 50/5 0 Town/resident cost sharing for Sidewalk, Curb, an d Gutter Removal and Replacement . Staff report made by John Curtis . Page 8 of 1 0 N :AMAST'ER\COUNCIL\MINUTES\2004\M 2-0(i-04 .do c Town Council Minute s Redevelopment Agency December 6, 200 4 Los Gatos, Californi a 9 :38 PM COUNCIL DISCUSSION • Total cost for the sidewalk program . • Ideas to consider, including placing a cap on the program, phasing , and grants for income eligible residents . 9 :41 PM Staff: • Expenditure is approximately $200,000 . • Explained that majority of the problems are from the street trees . • Explained that a resident could call the Town to ask for a sidewalk t o be repaired if it meets the Towns repair criteria . 9 :45 PM MOTION by Mrs. McNutt to bring back a program for Counci l discussion . Seconded by Mrs . Spector . 9 :50 PM MAYOR CALLE D THE QUESTION Carried unanimously . 9 :51 PM ITEM #1 5 INTRODUCE ORDINANC E AMENDIN G ARTICLE I I TOWN COUNCI L SALARIES ITEM #15 (15-28 ) Introduce ordinance amending Article II, Town Council salaries, Sectio n 2 .20 .025 . Staff report made by Orry Korb . 9 :52 PM MOTION by Mrs . McNutt to Wave the Reading . Seconded by Mr. Pirzynski . 9 :53 PM MAYOR CALLE D THE QUESTION Carried unanimously . MAYOR DIRECTED THE CLERK ADMINISTRATOR TO REA D THE TITLE . 9 :54 PM MOTION by Mrs . McNutt to Introduce Ordinance. Seconded by Mr . Pirzynski . 9 :56 PM MAYOR CALLE D THE QUESTION Carried unanimously . Page 9 of 1 0 N :AMASTER\COUNCIL\MNUTESV2004\M 12-O6-04 .doc Town Council Minute s Redevelopment Agency December 6, 200 4 Los Gatos, Californi a 9 :57 PM ITEM #1 6 INTRODUC E ORDINANCE CLARIFIYIN G COURT FILINGS . ITEM #16 (16-28 ) Introduce ordinance amending Division 3, Town Attorney, Section 2 .30 .505 of the Town Code, clarifying court filings . Staff report made by Orry Korb . 9 :58 PM MOTION by Mrs . McNutt to Wave the reading . Seconded by Mr . Pirzynski. MAYOR CALLED THE QUESTION Carried unanimously . MAYOR DIRECTED THE CLERK ADMINISTRATOR TO REA D THE TITLE . MOTION by Mrs . McNutt to introduce Ordinance . Seconded by Mr . Pirzynski. 10 :01 PM MAYOR CALLE D THE QUESTION Carried unanimously . 10 :01 PM ITEM #1 8 COUNCIL MATTERS ITEM #18 (18-28 ) Mr . Pirzynski • Invited all to join the Santa Clara Cities Association at the Oper a House, on Thursday night to welcome all incoming Counci l Members and salute all outgoing Council Members . Mr . Wasserma n • Thanked all for supporting the Tree lighting and the Holiday Parade . • Stated that $18,000 was raised by the community at the High Schoo l auction . 10 :03 PM MEETIN G ADJOURNED Submitted by : Jackie D . Rose, Deputy Cler k N :AMASTER\COUNCIL\MINI TF_S\2001\M I2 06-04 .doc Attest : MarLyn J . Rasmussen, Clerk Administrator Page 10 of 1 0