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M 04-19-04TOWN OF LOS GATOS CALIFORNIA TOWN COUNCIL/PARKING AUTHORITY JOINT REDEVELOPMENT APRIL 19, 2004 / MINUTES Los Gatos Civic Center 110 E. Main Street Los Gatos, CA 95030 TIME ITEM ACTION ON ITEM 7:00 PM 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 7:00 p.m., Monday, April 19, 2004, in a joint regular session. 7:00 ROLL CALL Present:Sandy Decker, Diane McNutt, Joe Pirzynski, Mike Wasserman and Mayor/Chairman Glickman. Absent:None 7:00 PLEDGE OF ALLEGIANCE The audience was invited to participate in the Pledge of Allegiance. 7:01 CLOSED SESSION Town Attorney, Orry Korb, reported that Council had met in Closed Session prior to this evening’s meeting pursuant to Government Code Section 54957.6 regarding Conference with Labor Negotiator. Town Negotiator Gary Rogers, Human Resources Director with the following: TEA Negotiations; AFSCME Negotiations; Confidential Employees; and Management Employees. Council gave direction. There was no final action taken. Pursuant to Government Code Section 54956.9(a) regarding Conference with Legal Counsel. Town of Los Gatos vs. Bank One in Santa Clara County Superior Court Action CV815489. Council gave direction. There was no final action taken. 7:02 COMMENDATIONS COMMENDATIONS PARKS COMMISSION Mayor Glickman presented Commendations to Debbie Gary and April Maiten from the Town of Los Gatos for their years of service on the Parks Commission. Both Ms Gary and Ms Maiten were present to receive their commendations and express appreciation for having been able to serve the Town in this manner over the years. 7:05 ACCEPTANCE ACCEPTANCE OF GIFT MC CLENDON BEQUEST TO TOWN LIBRARY Mayor Glickman accepted a bequest to the Los Gatos Public Library for Children’s Services from the estate of the late Susan E. (Betty) McClendon from Barbara Baggerly, her long-time close friend. Mayor Glickman thanked Ms Baggerly and the estate for the generous contribution to the Los Gatos Public Library. 7:14 PROCLAMATION PROCLAMATION N:\CLK\A MARIAN'S FILE\Draft Minutes\4MM-04-19-04.wpd 1 TIME ITEM ACTION ON ITEM NATIONAL PUBLIC SAFETY DISPATCHERS WEEK Mayor Glickman presented a Proclamation from the Town to the Police Department honoring the Public Safety Dispatchers of our Nation. Police Chief Seaman was present to receive the Proclamation from the Town and noted the dedicated work of our own dispatchers serving the community with the Los Gatos-Mote Sereno Police Department. 7:15 PM CONSENT ITEMS CONSENT ITEMS ITEM 1 SCHEDULE OF PUBLIC HEARINGS Motion by Mr. Pirzynski, seconded by Mr. Wasserman, that Council accept and file informational report regarding currently scheduled public hearings. Carried unanimously. (01.28) ITEM 2 PAYROLL RATIFICATION FOR MARCH Motion by Mr. Pirzynski, seconded by Mr. Wasserman, that Council ratify the check register for payroll of March 14, 2004 through March 27, 2004 paid on April 2, 2004 in the amount of $540,560.65. Carried unanimously. (02.V) ITEM 3 ACCOUNTS PAYABLE RATIFICATION FOR MARCH-APRIL Motion by Mr. Pirzynski, seconded by Mr. Wasserman, that Council ratify the check register for accounts payable invoices paid on March 26, 2004 and April 2, 2004 in the amount of $810,037.76. Carried unanimously. (03.V) ITEM 4 ADMINISTRATIVE CITATION PROTOCOL Motion by Mr. Pirzynski, seconded by Mr. Wasserman, that Council accept report on Community Development Administrative Citation Protocol. Carried unanimously. (04.37) ITEM 5 MC CLENDON BEQUEST TO LIBRARY Motion by Mr. Pirzynski, seconded by Mr. Wasserman, that Council accept bequest to the Los Gatos Public Library from the estate of the late Susan E. (Betty) McClendon. Carried unanimously. (05.32) ITEM 6 HAUNTED FOREST AT OAK MEADOW This Item has been pulled for discussion after Item 17. 7:15 CONSENT ITEMS CONSENT ITEMS CONTINUED ITEM 7 LIBRARY INTERNET POLICY Motion by Mr. Pirzynski, seconded by Mr. Wasserman, that Council approve revision of Library’s Internet Access and Acceptable Use Policy. Carried unanimously. (07.32) pulled ITEM 8 GRAND JURY REPORT This Item has been pulled for discussion after Item 17. ITEM 9 COLON CANCER FREE ZONE Resolution 2004-44 Motion by Mr. Pirzynski, seconded by Mr. Wasserman, that Council adopt Resolution 2004-44 entitled, RESOLUTION OF TOWN OF LOS GATOS DECLARING THAT LOS GATOS WILL STRIVE TO BE A COLON CANCER FREE ZONE. Carried unanimously. (09.28) ITEM 10 Motion by Mr. Pirzynski, seconded by Mr. Wasserman, that Council adopt Resolution 2004-45 entitled, RESOLUTION OF TOWN OF N:\CLK\A MARIAN'S FILE\Draft Minutes\4MM-04-19-04.wpd 2 TIME ITEM ACTION ON ITEM ELECTION SERVICES FOR BLOSSOM HILL MANOR #11 PROPOSED ANNEXATION Resolution 2004-45 LOS GATOS REQUESTING SANTA CLARA COUNTY BOARD OF SUPERVISORS TO AUTHORIZE REGISTRAR OF VOTERS TO PROVIDE ELECTION SERVICES FOR A SPECIAL ELECTION FOR THE PURPOSE OF ANNEXING CERTAIN TERRITORY DESIGNATED AS BLOSSOM HILL MANOR #11 TO THE TOWN OF LOS GATOS TO BE HELD ON AUGUST 31, 2004; DETERMINING THE QUESTION TO BE SUBMITTED TO THE VOTERS; AUTHORIZING REIMBURSEMENT FOR SAID SERVICES; APPROVING AN IMPARTIAL ANALYSIS; AND AUTHORIZING AND DIRECTING THE TOWN CLERK TO PUBLISH NOTICE AND TAKE STEPS NECESSARY FOR THE ELECTION. Carried unanimously. (10.26) ITEM 11 20 S. SANTA CRUZ COLD STONE CREAMERY Resolution 2004-46 Motion by Mr. Pirzynski, seconded by Mr. Wasserman, that Council adopt Resolution 2004-46 entitled, RESOLUTION OF TOWN OF LOS GATOS GRANTING AN APPEAL OF A PLANNING COMMISSION DECISION DENYING AN APPLICATION TO CONVERT A PORTION OF A FORMER RESTAURANT (SWENSON’S) TO ANOTHER RESTAURANT USE (COLD STONE CREAMERY) ON PROPERTY ZONED C-2. APN 510- 45-075. CONDITIONAL USE PERMIT U-04-8. PROPERTY LOCATION: 20 S. SANTA CRUZ AVE. PROPERTY OWNER: PARK ROW EAST APARTMENTS, LTD. APPLICANT/APPELLANT: CATHERINE G. ASBUN. Carried unanimously. (11.15) 7:15 CONSENT ITEMS CONSENT ITEMS CONTINUED ITEM 12 ANNEXATION TOPPING WAY #3 Resolution 2004-47 Motion by Mr. Pirzynski, seconded by Mr. Wasserman, that Council adopt Resolution 2004-47 entitled, RESOLUTION OF THE TOWN OF LOS GATOS MAKING DETERMINATIONS AND APPROVING THE REORGANIZATION OF TERRITORY DESIGNATED AS - TOPPING WAY #3 - APPROXIMATELY 0.596 ACRES LOCATED AT 16678 TOPPING WAY (APN:532- 09-017). Carried unanimously. (12.26) ITEM 13 PROJECT 0408 ROSS CREEK BRIDGE - ADA IMPROVEMENTS Resolution 2004-48 Motion by Mr. Pirzynski, seconded by Mr. Wasserman, that Council adopt Resolution 2004-48 entitled, RESOLUTION OF TOWN OF LOS GATOS APPROVING THE PLANS AND SPECIFICATION FOR CAPITAL PROJECT 0408 - ROSS CREEK BRIDGE ADA IMPROVEMENTS - AND AUTHORIZING STAFF TO ADVERTISE THE PROJECT FOR BIDS. Carried unanimously. (13.24) ITEM 14A LAND & LIGHT DISTRICTS 1 & 2 ENGINEER’S REPORT Resolution 2004-49 Motion by Mr. Pirzynski, seconded by Mr. Wasserman, that Council adopt Resolution 2004-49 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. (14A.26) N:\CLK\A MARIAN'S FILE\Draft Minutes\4MM-04-19-04.wpd 3 TIME ITEM ACTION ON ITEM ITEM 14B LAND & LIGHT DISTRICT 1 BLACKWELL DRIVE Resolution 2004-50 Motion by Mr. Pirzynski, seconded by Mr. Wasserman, that Council adopt Resolution 2004-50 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. (14B.26) ITEM 14C LAND & LIGHT DISTRICT 1 KENNEDY MEADOWS Resolution 2004-51 Motion by Mr. Pirzynski, seconded by Mr. Wasserman, that Council adopt Resolution 2004-51 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. (14C.26) 7:15 CONSENT ITEMS CONSENT ITEMS CONTINUED ITEM 14D LAND & LIGHT DISTRICT 1 SANTA ROSA HEIGHTS Resolution 2004-52 Motion by Mr. Pirzynski, seconded by Mr. Wasserman, that Council adopt Resolution 2004-52 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. (14D.26) ITEM 14E LAND & LIGHT DISTRICT 1 VASONA HEIGHTS Resolution 2004-53 Motion by Mr. Pirzynski, seconded by Mr. Wasserman, that Council adopt Resolution 2004-53 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. (14E.26) ITEM 14F LAND & LIGHT DISTRICT 1 HILLBROOK BENEFIT ZONE Resolution 2004-54 Motion by Mr. Pirzynski, seconded by Mr. Wasserman, that Council adopt Resolution 2004-54 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. (14F.26) ITEM 14G LAND & LIGHT Motion by Mr. Pirzynski, seconded by Mr. Wasserman, that Council adopt Resolution 2004-55 entitled, RESOLUTION OF THE TOWN N:\CLK\A MARIAN'S FILE\Draft Minutes\4MM-04-19-04.wpd 4 TIME ITEM ACTION ON ITEM DISTRICT 2 GEMINI COURT Resolution 2004-55 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. (14G.26) 7:26 REDEVELOPMENT REDEVELOPMENT AGENCY ITEM 15 ACCOUNTS PAYABLE RATIFICATION Motion by Mr. Pirzynski, seconded by Mr. Wasserman, that the Agency ratify the check register for accounts payable invoices paid on March 26, 2004 and April 2, 2004 in the amount of $33,167.84. Carried unanimously. (15.V) 7:15 COUNCIL/AGENCY TOWN COUNCIL/REDEVELOPMENT AGENCY ITEM 16 MINUTES APRIL 5, 2004 Motion by Mr. Pirzynski, seconded by Mr. Wasserman, that the Town Council/Redevelopment Agency approve the Miutes of the Joint Regular Meeting of April 5, 2004. Carried unanimously. (16.V) ITEM 17 PROJECT 0344 ALLEY IMPROVEMENTS Resolutions 2004-56 & 2004-5RD Motion by Mr. Pirzynski, seconded by Mr. Wasserman, that Council/ Agency adopt Resolutions 2004-56 & 2004-5RD entitled, RESOLUTION OF THE TOWN COUNCIL/REDEVELOPMENT AGENCY OF TOWN OF LOS GATOS DECLARING JOSEPH J. ALBANESE, INC. TO BE THE LOWEST RESPONSIBLE BIDDER ON THE PROJECT AND AWARDING A CONSTRUCTION CONTRACT IN THE AMOUNT OF $198,922.00, and authorizing staff to execute future change orders to the construction contract as necessary up to an amount of $12,000. Carried unanimously. (17.24) PULLED ITEMS PULLED ITEMS CONTINUED ITEM 6 HAUNTED FOREST AT OAK MEADOW Pulled Item Council Consensus to postpone to the next meeting for more public notice regarding this subject; giving others an opportunity to become involved; and for a clear picture of the costs and obligations involved in holding this event. (06.36) ITEM 8 SPEAKERS COUNTY GRAND JURY Pulled Item Ray Davis, speaker, questioned the amount of funds that was passed through the County to the School Districts from the Redevelopment Agency. Steve Conway, Director of Finance, explained the process of calculation that the Town used and the attempts that were made to communicate with the County so that they would send the appropriate funding to the districts. Orry Korb, Town Attorney, stated that the Grand Jury found that all of the actions taken by the Town have been appropriate and that the County finally did pay the correct amount to the schools. Motion by Mr. Pirzynski, seconded by Mrs. Decker, that Council N:\CLK\A MARIAN'S FILE\Draft Minutes\4MM-04-19-04.wpd 5 TIME ITEM ACTION ON ITEM REPORT approve response to Santa Clara County Grand Jury Final Report- Review of Audits and Financial Reports. Carried unanimously. (08.28) 7:37 PM COMMUNICATIONS VERBAL COMMUNICATIONS 7:37 PM SPEAKER HIGHWAY 9 & MASSOL PEDESTRIAN CROSSING Jeanne Moore asked for Council’s assistance with the crosswalk at Highway 9 and Massol. She asked for an imbedded reflector crosswalk that could be funded with Safe Routes to Schools grant. She believes that the traffic calming devices that could be used in that location can be totally funded by CalTrans and she requested that that location be placed on the Town’s upcoming work agenda. Council Comments: * CalTrans is planning bike lanes from Big Basin Way to Massol * Include Saratoga & Monte Sereno in the planning of improvements on Highway 9 * Lay out expectations and what CalTrans can do * Place on a future agenda for an update 7:49 PM SPEAKER PEDESTRIAN CROSSINGS Ray Davis noted that the new Gateway design planned for the corner of Santa Cruz and Highway 9 would offer a safe crossing and it would be wise for pedestrians and students to cross at the engineered intersection rather that at the Massol crossing. He also questioned his arrest at Town Hall when he had an altercation with a staff member. 7:54 PM PUBLIC HEARING PUBLIC HEARING 7:54 PM ITEM 18 WESTERN ATHLETIC CLUBS USE PERMIT AMENDMENT WESTERN ATHLETIC CLUBS/USE PERMIT AMENDMENT Mayor Glickman announced that this was the time and place duly noticed for holding a public hearing to consider amending the Town Code to modify the conditional use permit table to allow parking facilities on property zoned R-1 (Single Family Residential) under limited land use conditions. It has been determined that this project could not have a significant impact on the environment, therefore, the project is not subject to the California Environmental Quality Act (Section 15061 (b)(3)). Zoning Code Amendment A-03-4. Applicant: Western Athletic Clubs, Inc. 7:56 RECUSED Councilmember Decker recused herself from this hearing due to what might appear to be a conflict of interest. She noted that she is a member of Courtside but holds no monetary interest in the club. 7:57 STAFF REPORT Bud Lortz, Director of Community Development, explained the rationale of the request and gave a verbal review of the staff report. 8:00 PM SPEAKERS FOR ITEM 18 HEARING CONT. PUBLIC HEARING CONTINUED THE FOLLOWING SPEAKERS FROM THE AUDIENCE ADDRESSED WESTERN ATHLETIC CLUBS (COURTSIDE) 8:00 PM SPEAKER Roger Griffin, Applicant, representing Western Athletic Clubs and Courtside, spoke of the applicant’s work with the neighbors in N:\CLK\A MARIAN'S FILE\Draft Minutes\4MM-04-19-04.wpd 6 TIME ITEM ACTION ON ITEM identifying and addressing their concerns regarding the zoning amendment for a parking lot in a residential zone. He noted the improvements to the lot and the security measures that will be used. 8:02 PM SPEAKER Lisa Graff, General Manager of Courtside Club, noted the requested zone change to allow improvements to the property and compatibility of design to the overall surroundings and neighborhood. 8:06 PM SPEAKER Ray Davis speaker, spoke of traffic impacts in Town and asked if a traffic study had been done regarding the number of cars that would be using these lots. 8:09 PM SPEAKER Dale Miller, neighbor adjacent to the proposed parking lot, spoke of putting the parking lot on two of the lots that have the power poles and high pressure water services on them, but placing a home on the third lot for increased housing stock in Los Gatos. 8:11 PM SPEAKER Jack Aiello, neighbor adjacent to proposed parking lot, reaffirmed the thoughts of the previous speaker. 8:13 PM SPEAKER Roger Griffin, applicant, requested approval tonight of the zone change and will address the design of the lots at future reviews. 8:15 PM CLOSED PUBLIC HEARING - ITEM 18 Mayor Glickman closed the public hearing on Item 18. 8:16 PM ITEM 18 COUNCIL ACTION Motion by Mr. Pirzynski, seconded by Ms McNutt, to accept the report in the form of meeting minutes from the Planning Commission regarding Zoning Code Amendment A-03-4. Carried by a vote of 4 ayes. Mrs. Decker abstained. 8:18 PM ITEM 18 REQUIRED FINDINGS Motion by Mr. Pirzynski, seconded by Ms McNutt, that Council find that this Zoning Code Amendment could not possibly have a significant impact on the environment, therefore, the project is not subject to the California Environmental Quality Act (CEQA); and that Council find that the Ordinance Amendment is consistent with the General Plan. Carried by a vote of 4 ayes. Mrs. Decker abstained. ITEM 18 HEARING CONT. PUBLIC HEARING CONTINUED WESTERN ATHLETIC CLUBS (COURTSIDE) 8:22 PM ITEM 18 READING WAIVED The Town Clerk read the Title of the Proposed Ordinance. Motion by Mr. Pirzynski, seconded by Ms McNutt, to waive the reading of the Proposed Ordinance. Carried by a vote of 4 ayes. Mrs. Decker abstained. 8:24 PM ITEM 18 INTRODUCTION OF PROPOSED ORDINANCE Motion by Mr. Pirzynski, seconded by Ms McNutt, that Council introduce Proposed Ordinance entitled, AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING TOWN CODE SECTION 29.20.185 (TABLE OF CONDITIONAL USES). Carried by a vote of 4 ayes. Mrs. Decker abstained. (18.15) 8:25 PM OTHER BUSINESS ITEM 20 OTHER BUSINESS - ITEM 20 MILES AVENUE - SKATEBOARD PARK N:\CLK\A MARIAN'S FILE\Draft Minutes\4MM-04-19-04.wpd 7 TIME ITEM ACTION ON ITEM 8:25 PM ITEM 20 SKATEBOARD PARK Mayor Glickman announced that this was the time and place duly noticed to consider the use of Town-owned property on Miles Avenue for a skateboard park. 8:31 PM STAFF REPORTS ITEM 20 Town Manager Figone introduced the topic of possible property use of a parking lot on Miles Avenue for a skateboard park. She addressed the modular skate park concept and gave comparisons to those in Campbell and Santa Cruz. Public Works Director Curtis spoke of the history of the Town’s efforts to establish a park over the past four years. Locations reviewed in Town were not feasible and work with the County for property in Vasona was unsuccessful. The land on Miles was then considered and at the moment seems to be a location appropriate for further study and analysis. He noted the possibilities of applying for park grants that would be available for this proposal as it would qualify by increasing the use of the park system. Also mentioned were appeals for private funds and donations. Ms Figone noted that a public hearing would be held regarding the use of this site as there would be a change in the zoning and there would be a Conditional Use Permit required. The Planning Commission would need to review the proposals; policies for operational details would have to be developed; a schedule and process for developing the design formulated; the establishment of rules and regulations for the use of the park delineated; and insurance requirements clearly defined for the users and those needed by the Town. 8:50 PM OTHER BUSINESS CONTINUED ITEM 20 SPEAKERS OTHER BUSINESS - ITEM 20 - CONTINUED MILES AVENUE - SKATEBOARD PARK SPEAKERS TO THE ISSUE 8:34 PM SPEAKER Elizabeth Ross, parent, is pleased with this location and for the transportation possibilities being situated near a bus route, and being on the creek trail. She said that she is willing to sign a release of liability and ensure that her son wears all of his protective gear. SPEAKER Jonny Holst believed that this area was far too small for a proper skate park for the number of anticipated users in Los Gatos. SPEAKER Eric Reichwein asked that Council help with his dream of a park. SPEAKER Tim Garvey spoke of the Sunnyvale and Campbell parks and asked that Los Gatos establish one. SPEAKER Kevin DeCarvalho supported the proposal. SPEAKER Matt Holst believes that it will be a waste of money if it is too small a park. He asked that it be a larger facility. SPEAKER Chris Wooley noted that the Campbell facility is too small and the Miles Avenue proposal is even smaller than that. He said that wood and steel ramps are alright but the preferred material is concrete which all of the users enjoy. N:\CLK\A MARIAN'S FILE\Draft Minutes\4MM-04-19-04.wpd 8 TIME ITEM ACTION ON ITEM SPEAKER Asa Branden asked for the concrete park if at all possible. SPEAKER Ray Davis asked that Council consider establishing park dedication fees within the development application process. SPEAKER Ryan Honda noted that Campbell’s park was not the best park. He also stated that there were two cement parks in Santa Cruz. Even if the Los Gatos park is small he would like to see a concrete structure planned for it. He volunteered his services to work on the park and to raise funds for it. He noted that those who desire a good concrete park realize they have to put a great deal of time and effort into it and they also would like to have the opportunity to help design the park. SPEAKER Roy Reichwein spoke of taking a road trip to investigate existing skate parks. He noted that the cement parks are the most well used parks. He asked that if the Town builds a small park it explore the possibility of using concrete rather than steel structures. He also relayed that the users of the parks tend to supervise and control themselves appropriately. OTHER BUSINESS ITEM 20 SPEAKERS CONTINUED OTHER BUSINESS - ITEM 20 - CONTINUED MILES AVENUE - SKATEBOARD PARK SPEAKERS TO THE ISSUE SPEAKER Melissa Morrissey, representing the NC Board Shop, was pleased with this location and believes that with careful thought it can fill the needs at this time. She spoke of reviewing and questioning the different costs. She believes that with more inquiry they may be able to find some funding options to reduce costs and with enough input, and careful design work, get a small but satisfactory park. SPEAKER Lee Fagot spoke of this skateboard park establishing a new resource in Town and of its proposed central location near transportation routes. He also addressed using some parking spaces to produce a larger site for the park. SPEAKER Blake Sundsen spoke of Campbell’s metal ramps and the preferred concrete. He also believes that the larger parking lot on Miles Avenue would make a perfect skate park. 9:30 PM COUNCIL COMMENTS AND CONSENSUS ON ITEM 20 COUNCIL COMMENTS ON SKATE PARK ON MILES AVE. Council Comments & Consensus: * Miles Ave. Site appears to be a good site at this time * This site should be studied and engineered carefully * Expansion of the size of the site should considered * Funding for the project needs to be carefully reviewed and alternatives addressed * A skate park committee be appointed to review all options from the skateboard community to present to Council * Public hearing for the local community be scheduled quickly so that the skateboard committee can then move forward on the design concepts and ideas from both the skating and local community N:\CLK\A MARIAN'S FILE\Draft Minutes\4MM-04-19-04.wpd 9 TIME ITEM ACTION ON ITEM * Make use of the earlier consultants’ proposals and designs * A facilitator for the process would be helpful in moving all portions of the project forward * Insurance liabilities for skate parks to be reviewed by Town Attorney * Staff took consensus discussion as direction to proceed 9:51 PM TEN MINUTE RECESS CALLED Mayor Glickman called for a ten minute recess at this time. 10:01 PM PUBLIC HEARING PUBLIC HEARING ITEM 19 ITEM 19 TOWN FEES, RATES AND CHARGES FOR CERTAIN SERVICES TOWN FEES, RATES & CHARGES FOR CERTAIN SERVICES Mayor Glickman announced that this was the time and place duly noticed for holding a public hearing to consider adopting resolution amending certain Town fees, rates and charges for certain services. STAFF REPORT Steve Conway, Finance Director, gave an overview of the fee schedule for the Town and the methods used to reassess these fees on an annual basis so as to meet Council’s directive to maintain cost recovery on certain Town services. PUBLIC SPEAKER ITEM 19 The following person from the audience addressed Council on this issue: Ray Davis spoke regarding the peer review fees for geo-technical consultants. He asked that the consultants be included in the public hearings. No one else from the audience spoke on this item. CLOSED HEARING Mayor Glickman closed the public hearing. 10:24 PM ITEM 19 MOTION FEES, RATES AND CHARGES Resolution 2004-57 Motion by Ms McNutt, seconded by Mr. Pirzynski, that Council adopt Resolution 2004-57 entitled, RESOLUTION OF THE TOWN OF LOS GATOS ADOPTING CONTINUING DEPARTMENT FEES, RATES AND CHARGES, AND AMENDING CERTAIN FEES, RATES AND CHARGES. Carried unanimously. (19.09) 10:25 PM ITEM 21B COUNCIL MATTERS HIGH SPEED RAIL GATEWAY TO VALLEY COUNCIL MATTERS - HIGH SPEED RAIL GATEWAY Mr. Pirzynski spoke as the President of Cities Association and of the request to lend support for the California High Speed Rail Authority’s conclusion regarding how the High Speed Rail will enter the Bay Area. The EIR has been completed and the southern alignment appears to be the most favorable, either at Pacheco Pass or the Diablo Range. He asked that Council consider accepting the conclusion in the draft EIR and attend the public hearing May 26 th to speak in support. Council consensus to have staff return this subject to Council with report and proposed resolution. 10:30P M ITEM 21A COUNCIL MATTERS COUNCIL MATTERS BED AND BREAKFAST IN THE DOWNTOWN AREA Mayor Glickman asked if Council was interested in requesting a report on the history and the present standing of this issue within the N:\CLK\A MARIAN'S FILE\Draft Minutes\4MM-04-19-04.wpd 10 TIME ITEM ACTION ON ITEM BED AND BREAKFAST Town. Council discussed parking issues, impacts to residential neighborhoods, and the possibility of one being considered in a commercial zone. The C-2 zone will support hotels and motels and someone could apply and be considered for this use. Council felt comfortable with this discussion and no further information or work is needed on this subject at this time. 10:40 PM ITEM 22 MANAGER MATTERS PUBLIC SEWER SYSTEM OPERATION & MANAGEMENT PUBLIC SEWER SYSTEM OPERATION AND MANAGEMENT Ms Figone, Town Manager, spoke of the West Valley Sanitation District Board’s review of a current report. This study of the sewer maintenance operations has been ongoing for three years, including regulations concerning the management of sewer districts, responsibility of overflows, and the fact that Los Gatos provides its own maintenance in comparison to the other member agencies using the District’s maintenance services. The study asks the question as to whether Los Gatos should remain in this business, and staff will return to Council at a later date with a report addressing that question. Mr. Pirzynski, representative to the District Board, noted that the District supports the total maintenance of the Town’s sanitation system. He noted two Board meetings on the 21st and the 28th to take up the issue of full service to Los Gatos. 10:43 PM ADJOURNMENT Mayor Glickman adjourned this evening’s meeting at 10:43 PM N:\CLK\A MARIAN'S FILE\Draft Minutes\4MM-04-19-04.wpd 11 Town Council Minutes April 19, 2004 Redevelopment Agency Los Gatos, California ATTEST: Marian V. Cosgrove Town Clerk Secretary to the Redevelopment Agency N:\CLK\A MARIAN'S FILE\Draft Minutes\4MM-04-19-04.wpd 12