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M 09-16-02TOWN OF LOS GATOS CALIFORNIA TOWN COUNCIL/PARKING AUTHORITY JOINT REDEVELOPMENT AGENCY September 16, 2002/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 7:10 p.m., Monday, September 16, 2002, in joint special, study session and regular session. ROLL CALL Present:Steven Blanton, Sandy Decker, Steve Glickman, Joe Pirzynski, and Mayor/Chairman Randy Attaway. 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, Public Employee Performance Evaluation, in reference to the Town Attorney. No action was taken. BUILDING BOARD OF APPEALS/APPOINTMENTS (00.12) Mayor Attaway announced that one application had been received from Edward Meserve for the one vacancy on the Building Board of Appeals. Voting was held and Mr. Meserve was reappointed to term ending January 1, 2004. COMMUNITY SERVICES COMMISSION/STUDENT APPOINTMENTS (00.12) Mayor Attaway announced that no applications had been received for the two student member vacancies on the Community Services Commission. These vacancies will be re-advertised. GENERAL PLAN COMMITTEE/APPOINTMENTS (00.12) Mayor Attaway announced that no applications had been received for the one vacancy on the General Plan Committee. This vacancy will be re-advertised. PARKS COMMISSION/APPOINTMENTS (00.12) Mayor Attaway announced that three applications had been received from Paige Goddard, Sandy Gordon and James Sugai for the two vacancies on the Parks Commission. Voting was held and Ms. Gordon and Mr. Sugai were appointed to terms ending April 1, 2006. PARKS COMMISSION/STUDENT APPOINTMENTS (00.12) N:\CLK\Council Minutes\2002\M09-16-02.wpd Town Council Minutes September 16, 2002 Redevelopment Agency Los Gatos, California Mayor Attaway announced that one application had been received from Andrew Richter for the two vacancies on the Parks Commission. Council confirmed appointment of Mr. Richter by the Parks Commission. The remaining vacancy will be re-advertised. PERSONNEL BOARD/APPOINTMENTS (00.12) Mayor Attaway announced that two applications had been received from William Cartmill and Berkeley Miller for the three vacancies on the Personnel Board. Voting was held and Mr. Cartmill and Mr. Miller were appointed to terms ending September 1, 2006. The remaining vacancy will be re-advertised. TRANSPORTATION AND PARKING COMMISSION (00.12) Mayor Attaway announced that seven applications had been received from Richard Anderson, Gladwyn d’Souza, Shirley Henderson, Marc Jensen, Kurt Lemons, Edgar La Veque and Edward Stahl for the seven vacancies on the Transportation and Parking Commission. Voting was held and the applicants were appointed to terms to be determined by drawing lots. PARKING & PARKS COMMISSIONS/COMMENDATIONS (00.28) Mayor Attaway presented Town Commendations to Ed Stahl for years of service on the Parking Commission and to Bob Rice for years of service on the Parks Commission. Mr. Rice expressed his thanks and his continued interest in volunteering his services to the town, and noted the completion of the trail around Vasona Lake. RED RIBBON WEEK/PROCLAMATION (00.28) Mayor Attaway presented Town Proclamation to Kathy Winkelman, representing CASA, and the work that has been accomplished within this program. She expressed the thanks of the organization for the continued support from the Town and noted the ongoing drug programs for schools, families and the town. She spoke of the kickoff activities this month and of the many activities planned for the community. SCHEDULE OF PUBLIC HEARINGS (01.28) Motion by Mr. Glickman, seconded by Mrs. Decker, to accept and file informational report regarding currently scheduled public hearings. Carried unanimously. TOWN COUNCIL/REDEVELOPMENT AGENCY/MEETING SCHEDULE FY 2002-2003 (02.28) Motion by Mr. Glickman, seconded by Mrs. Decker, that Council amend Town Council/Redevelopment Agency Regular Meeting Schedule for 2002-2003 Fiscal Year, adding 5:00 to 7:00 p.m. September 30th and 6:00 to 7:00 p.m., October 7th Closed Sessions. Carried unanimously. PLANNING COMMISSION/PLANNING DEPARTMENT MONTHLY STATUS REPORT (04.38) Motion by Mr. Glickman, seconded by Mrs. Decker, to accept and file informational report regarding activity of Planning Commission and Department. Carried unanimously. RATIFICATION OF PAYROLL/AUGUST 2002 (05.V) Motion by Mr. Glickman, seconded by Mrs. Decker, that Council ratify the check registers for the payroll of August 18, 2002 through August 31, 2002, paid on September 6, 2002, in the amount of $554,324.13. Carried unanimously. N:\CLK\Council Minutes\2002\M09-16-02.wpd 2 Town Council Minutes September 16, 2002 Redevelopment Agency Los Gatos, California ACCOUNTS PAYABLE/RATIFICATION/AUGUST-SEPTEMBER 2002 (06.V) Motion by Mr. Glickman, seconded by Mrs. Decker, that Council ratify the accompanying check registers for accounts payable invoices paid on August 30, 2002 and September 6, 2002 in the amount of $1,225,658.68. Carried unanimously. LEAGUE OF CALIFORNIA CITIES/TOWN POSITIONS FOR 2002 RESOLUTIONS (08.28) Motion by Mr. Glickman, seconded by Mrs. Decker, that Council approve recommended Town positions for ten (10) resolutions to be considered at the League of California Cities (LOCC) Annual Conference on October 2-5, 2002. Carried unanimously. FINAL MAP/TRACT 9428/LOS GATOS BOULEVARD 14880/RESOLUTION 2002-148 (10.25) Motion by Mr. Glickman, seconded by Mrs. Decker, that Council adopt resolution 2002-148 entitled RESOLUTION OF THE TOWN OF LOS GATOS APPROVING THE FINAL MAP OF TRACT 9428, ACCEPTING THE DEDICATIONS AND AUTHORIZING THE TOWN MANAGER TO SIGN THE CONTRACT FOR PUBLIC IMPROVEMENTS. Carried unanimously. UNIFORM BUILDING CODE 1997/CALIFORNIA AMENDMENTS 2001/ORDINANCE 2104 (13.38) Motion by Mr. Glickman, seconded by Mrs. Decker, that Council adopt Ordinance 2104 entitled ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE 1997 UNIFORM BUILDING CODE (CHAPTER 6, BUILDINGS AND BUILDING REGULATIONS) TO INCORPORATE THE 2001 STATE OF CALIFORNIA AMENDMENTS. Carried unanimously. DOWNTOWN PARKING SIGNS/PROJECT 0215/RESOLUTIONS 2002-149 & 2002-26RD (14.24) Motion by Mr. Glickman, seconded by Mrs. Decker, that Council/Agency adopt resolution 2002-151 & 2002-26RD entitled RESOLUTION OF THE TOWN COUNCIL/REDEVELOPMENT AGENCY OF THE TOWN OF LOS GATOS AWARDING A CONSTRUCTION CONTRACT TO CHRISP COMPANY FOR PROJECT 2015 - DOWNTOWN PARKING SIGN PROJECT (OLIVE ZONE 1). Carried unanimously. VERBAL COMMUNICATIONS (00.28) Walk to School Day: Marc Jensen spoke of upcoming event for promoting walking and biking safety on the way to school. General Comment: Ray Davis spoke of his walking stick and how he attends to it in the council chambers and noted the concerns that others have attached to it; he addressed bulldozing and grading in the hillsides; and questioned the skateboard park proposal for Blossom Hill Park. HEARINGS ENGINEERING FEES/RATES/CHARGES/RESOLUTION 2002-150 (18.09) Mayor Attaway stated that this was the time and place duly noted for public hearing to consider adopting resolution continuing certain Engineering fees, rates, and charges, and amending certain N:\CLK\Council Minutes\2002\M09-16-02.wpd 3 Town Council Minutes September 16, 2002 Redevelopment Agency Los Gatos, California Engineering fees, rates and charges. There was no one from the audience to address this issue. Ray Davis spoke against the increase of fees for appeals to council, and the lack of increase in application fees for the developer. ENGINEERING FEES/RATES/CHARGES/RESOLUTION 2002-150/HEARING CONT Motion by Mr. Pirzynski, seconded by Mr. Blanton, to close the public hearing. Carried unanimously. Motion by Mr. Glickman, seconded by Mr. Pirzynski, that Council adopt resolution 2002-150 entitled, RESOLUTION OF THE TOWN OF LOS GATOS CONTINUING CERTAIN ENGINEERING FEES, RATES AND CHARGES, AND AMENDING CERTAIN FEES, RATES AND CHARGES. Carried unanimously. ALBERT COURT 113/SECOND STORY ADDITION/RESIDENTIAL/HEARING (19.15) Mayor Attaway stated that this was the time and place duly noted for public hearing to consider approving construction of a second story addition to an existing residence or property zoned R- 1:8. Architecture and Site application MR-02-03. Property Location: 113 Albert Court. Property Owner: Ronnie and Jane Kon. Applicant/Appellant: Charles Brown. There was no one from the audience to address this issue. Ray Davis believes that the proposed addition is not consistent with the neighborhood. Motion by Mr. Blanton, seconded by Mr. Glickman, to continue this hearing to October 21, 2002. Carried unanimously. GRIFFITH PLACE 105/SECOND STORY ADDITION/RESIDENTIAL/HEARING (20.15) Mayor Attaway stated that this was the time and place duly noted for public hearing to consider approving construction of a second story addition to an existing residence or property zoned R- 1:8. Architecture and Site Application S-02-28. Property Location: 105 Griffith Court. Property Owner: Arkady Kokish. Applicant: Vadim Malik-Karamov. Appellants: Lawrence J. Baldasano, Manny Kadkhodayan, and Allyn Erickson. The following people from the audience addressed this issue: Lawrence Baldasano, appellant, spoke of the impact the second story will have on the three neighbors adjacent to this proposal. Allyn Erickson, appellant, spoke of the mass of the house and the size of the home when the proposed second floor is added. He is against the invasion of privacy to the surrounding residences. Vadim Melik-Karamov, applicant, spoke of adding 3 bedrooms and not touching anything else on the property. He also spoke to the possible addition to the garage which would offer less impact to the neighborhood. N:\CLK\Council Minutes\2002\M09-16-02.wpd 4 Town Council Minutes September 16, 2002 Redevelopment Agency Los Gatos, California Manny Kadkhodayan, appellant, asked Council to consider his loss of view with a two story in his face. All of his view windows will be blocked by the addition. Arkady Kokish, owner of property, spoke of the project and said he would adhere to the staff’s suggestions regarding the options for the project. Ray Davis, spoke against the project and large homes in the hillside. He complained about Council members that were not protecting the hillsides, and spoke of the public resource of the mountains being abused by inappropriate development. Karen Sepahmansour, spoke of how this application would be setting a precedent for two story homes in the hillsides and how privacy rights and consistency of neighborhoods should be included in the plans for any new development. Neighborhood and individual should be considered. Motion by Mr. Blanton, seconded by Mr. Glickman, to close the public hearing. Carried unanimously. GRIFFITH PLACE 105/SECOND STORY ADDITION/RESIDENTIAL/HEARING/CONT Motion by Mr. Pirzynski, seconded by Mr. Glickman, to deny the appeal and uphold the Planning Commission’s decision. (Mrs. Decker asked that the hillside view, privacy and light be made accessible to the neighbors and the owner in the design of the addition. Noted that the proposal was at the entrance to the street and should remain one story to allow light to the home.) The other council members agreed that the town architect and Planning Commission would work with the proposal, implementing the issues of privacy, views, compliance, and stepped back construction. Also that this approval will run with adherence to the requirements in the permit and will follow the judgement values of staff when alterations are called for. Carried by a vote of 4 ayes. Mrs. Decker voted no believing that the proposal should undergo more modifications before approval. COUNTY REFERRALS (03.31) The following people from the audience spoke to the issue: Ray Davis, asked that clear concise agendas about the county referrals be supplied, and that the quarry application be brought to the Parks Commission for discussion on impacts to vistas and view sheds. Muriel Appelbaum, spoke of the quarry expansion, and the impacts upon the town. She noted the impact to the reservoir from the Lexington silt run off. She noted that the county permits are ineffective and that crushing of rock, truck activity, quarrying outside of permitted area, more equipment use than allowed is taking place. She believes that if the expansion is permitted there will be permanent damage to this area. Joellen Fishman, spoke of the county planning meeting. She said that the county planning department did not have the appropriate permits in place yet. Many issues have been addressed but the quarry is far above its use permit and the county has not been able to control this activity. She asked that Council not accept report until county addresses the issue thoroughly. Alexander Liniecki, spoke of the impacts caused by the quarry. He noted the noise and the need for testing of noise levels by the county, and also noted that the quarry equipment is very old, generating a great deal of sand and dust, and the neighbors are addressing these health issues concerning this increased activity. Udi Fishman, spoke of having no way of fixing the hillside after the scarring, and asked that a reclamation plan for the quarry be required by the county and be put in place now because it can N:\CLK\Council Minutes\2002\M09-16-02.wpd 5 Town Council Minutes September 16, 2002 Redevelopment Agency Los Gatos, California not be done economically in the future. Council consensus to forward a summary to the County of the Council’s findings this evening; to not accept the report on tonight’s agenda; and to request a full report from the county on the quarry operations. Motion by Mr. Blanton, seconded by Mrs. Decker, to receive and file report concerning County Referral of Lexington Quarry: NUMBER LOCATION APPLICANT REQUEST RECOMMENDATION 3690 18500 Lime Kiln West Coast Use Permit Approval/No Conditions Canyon Road Aggregates Carried unanimously. MINUTES OF SEPTEMBER 3, 2002 (07.V) Ray Davis spoke of his walking stick and how he attends to it in the council chambers and noted the concerns that others have attached to it. Motion by Mr. Blanton, seconded by Mr. Glickman, that Council approve the Minutes of September 3, 2002, Joint Council/Redevelopment Agency Meeting as submitted. Carried unanimously. SHADY LANE 15769/RESIDENTIAL CONSTRUCTION/RESOLUTION 2002-147/APPEAL (09.15) Mayor Attaway stated that this was the time and place duly noted to adopt resolution denying an appeal of the decision of the Planning Commission approving construction of a new single family residence on property zoned HR-2 ½. No significant environmental impacts were identified as a result of this project, and a Negative Declaration was previously adopted for this proposal. Architecture and Site Application S-01-70. Property Location: 15769 Shady Lane Property Owner: Shawn Hailey. Applicant: Kim Hailey Appellant: Ray Davis. Ray Davis, spoke of 15679 Shady Lane, and its size as an impact to the hillsides. He noted the need to protect the ridge line and to follow the general plan and its guidelines. Motion by Mr. Pirzynski, seconded by Mr. Blanton, that Council adopt Resolution 2002-147 entitled RESOLUTION OF THE TOWN OF LOS GATOS DENYING AN APPEAL OF A DECISION OF THE PLANNING COMMISSION APPROVING CONSTRUCTION OF A NEW SINGLE FAMILY RESIDENCE ON PROPERTY ZONED HR-2½. Carried unanimously. FINAL MAP/TRACT 9368/VINYARD HIGHTS/RESOLUTION 2002-151 (11.25) Ray Davis, noted that sufficient funds were not required of the developer to do a substantial upgrade of Foster Road to address the traffic and fire safety issues of a mountain road. Motion by Mr. Pirzynski, seconded by Mr. Blanton, that Council adopt Resolution 2002-151 entitled RESOLUTION OF THE TOWN OF LOS GATOS APPROVING THE FINAL MAP OF TRACT 9368, ACCEPTING THE DEDICATIONS AND AUTHORIZING THE TOWN MANAGER TO SIGN THE CONTRACT. Carried unanimously. N:\CLK\Council Minutes\2002\M09-16-02.wpd 6 Town Council Minutes September 16, 2002 Redevelopment Agency Los Gatos, California RE-ROOFING OF TOWN FACILITIES/PROJECT 0339/RESOLUTION 2002-152 (12.24) Ray Davis asked about the type of materials to be used and how the on the job inspections would be done. Motion by Mr. Pirzynski, seconded by Mr. Glickman, that Council adopt Resolution 2002-152 entitled RESOLUTION OF THE TOWN OF LOS GATOS AWARDING A CONSTRUCTION CONTRACT WITH CALIFORNIA ROOFING COMPANY FOR PROJECT 0339 - REROOFING OF TOWN FACILITIES. Carried unanimously. TRAFFIC CALMING/JOHNSON AVENUE/BULB-OUTS & SPEED HUMPS (15.41) The following people from the audience addressed this issue: Lynn Panighetti-Morin, spoke of parking places lost and of a stop sign on her corner property. Karen Delovmi, asked for more information. She had been told when she called that it was already decided that the speed bumps and signs would be going in. She said that the traffic safety web site suggests no speed bumps. Tony Alarcon, asked about garages in the Johnson area, and speed humps. He said that he favored the humps but not the bulb outs and spoke of other traffic safety options on the lower portion of the street. He noted that secondary units will have no parking with the proposed program.. Marc Jensen, noted that children are significantly less likely to be hit on a street with speed bumps. Ray Davis, spoke of increase of traffic in town and the need to address the planning issues and safety issues of this fact. John Curtis, Public Works Director, noted that the proposal would be tested in place for 3 months and then be evaluated. Information will be given to the residents and others who express an interest. A review of secondary units on Johnson will be done to address the problem of excessive parking. The speed humps will be well marked and speed will be reduced to 20 mph. Motion by Mr. Blanton, seconded by Mr. Glickman, to approve installation of temporary bulb- outs and speed humps on Johnson Avenue as a traffic calming measure. Carried unanimously. SILICON VALLEY ANIMAL CONTROL/JOINT POWERS AGRE/RESOLUTION 2002-153 (21.33) Motion by Mrs. Decker, seconded by Mr. Glickman, that Council adopt resolution 2002-153 entitled RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO: (A) SEND A LETTER TO THE SILICON VALLEY ANIMAL CONTROL AUTHORITY GENERAL MANAGER TO COMMIT TO CONTINUED PARTICIPATION IN THE JOINT POWERS AGREEMENT FOR ANIMAL CONTROL AND TO AUTHORIZE ADDITIONAL FUNDING FOR THE SILICON VALLEY ANIMAL CONTROL AUTHORITY SHELTER COSTS, CONTINGENT UPON THE CITY OF N:\CLK\Council Minutes\2002\M09-16-02.wpd 7 Town Council Minutes September 16, 2002 Redevelopment Agency Los Gatos, California SUNNYVALE CONTINUING THEIR PARTICIPATION IN THE JPA; AND (B) AUTHORIZE A BUDGET ADJUSTMENT OF $174,600 FROM GENERAL FUND RESERVES FOR ANIMAL SHELTER TO PROVIDE BASE LEVEL APPROPRIATIONS FOR THE FISCAL YEAR 2002/03 PHASED CAPITAL COSTS AS PART OF THIS AGREEMENT, WITH THE UNFUNDED BALANCE TO BE ALLOCATED THROUGH THE FISCAL YEAR 2003/08 CAPITAL IMPROVEMENT PROCESS. Carried unanimously. COUNCIL MATTERS (22.28) There was no report given this evening. MANAGER MATTERS (23.28) There was no report given this evening. ADJOURNMENT Mayor Attaway closed this evening’s meeting at 9:53 p.m. ATTEST: Marian V. Cosgrove, Town Clerk N:\CLK\Council Minutes\2002\M09-16-02.wpd 8