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M 10-20-03TOWN OF LOS GATOS CALIFORNIA TOWN COUNCIL/PARKING AUTHORITY JOINT REDEVELOPMENT AGENCY October 20, 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 7:08 p.m., Monday, October 20, 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 not met in Closed Session this evening. 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. PRESENTATION/PARKS COMMISSION/ANDREW RICHTER (00.12) Mayor Decker presented a Commendation from the Town and the Parks Commission to Andrew Richter for his service on this commission. She noted his work on the descriptions of the parks which are found throughout the Town. Mr. Richter was present to receive his Commendation from the Mayor. 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. 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. N:\CLK\Council Minutes\2003\M 10-20-03.wpd Town Council Minutes October 20, 2003 Redevelopment Agency Los Gatos, California RATIFICATION OF PAYROLL/SEPTEMBER-OCTOBER 2003 (02.V) Motion by Mr. Pirzynski, seconded by Mr. Glickman, that Council ratify the check register for payroll of September 14, 2003 through September 27, 2003 paid on October 3, 2003 in the amount of $547,382.64. Carried unanimously. ACCOUNTS PAYABLE/RATIFICATION/SEPTEMBER-OCTOBER 2003 (03.V) Motion by Mr. Pirzynski, seconded by Mr. Glickman, that Council ratify the accompanying check registers for accounts payable invoices paid on September 26, 2003 and October 3, 2003 in the amount of $698,266.95. Carried unanimously. MINUTES OF OCTOBER 6, 2003 (04.V) Motion by Mr. Pirzynski, seconded by Mr. Glickman, that Council accept staff informational item noting that the Minutes of October 6, 2003, Joint Town Council/Redevelopment Agency Meeting have been removed from the agenda. Carried unanimously. CABLE TELEVISION FRANCHISE/MILLER-VAN EATON/RESOLUTION 2003-118 (05.35) Motion by Mr. Pirzynski, seconded by Mr. Glickman, that Council adopt Resolution 2003-118 entitled, RESOLUTION OF THE TOWN OF LOS GATOS APPROVING AN AMENDMENT TO THE AGREEMENT WITH MILLER AND VAN EATON FOR CABLE TELEVISION FRANCHISE RENEWAL CONSULTANT SERVICES. Carried unanimously. LIBRARY INFORMATION SYSTEMS/MAINTENANCE/DYNIX/RESOLUTION 2003-119 (06.42) Motion by Mr. Pirzynski, seconded by Mr. Glickman, that Council adopt Resolution 2003-119 entitled, RESOLUTION OF THE TOWN OF LOS GATOS APPROVING MAINTENANCE AGREEMENT AND AUTHORIZING TOWN MANAGER TO EXECUTE CONTRACT BETWEEN TOWN AND DYNIX, INC. (FORMERLY EPIXTECH, INC.) FOR LIBRARY INTEGRATED COMPUTER INFORMATION SYSTEM MAINTENANCE. Carried unanimously. MAIN STREET 210/HOTEL LOS GATOS/HOURS OF OPERATION/RESOLUTION 2003-121 (08.15) Motion by Mr. Pirzynski, seconded by Mr. Glickman, that Council adopt Resolution 2003-121 entitled, RESOLUTION OF THE TOWN OF LOS GATOS APPROVING A RECOMMENDATION FROM THE PLANNING COMMISSION TO AMEND A CONDITIONAL USE PERMIT TO MODIFY RESTAURANT HOURS OF OPERATION, POLICE DEPARTMENT NOTIFICATION REQUIREMENTS FOR SPECIAL EVENTS, AND OPERATION OF A SPA ON PROPERTY ZONED C-1:PD. Carried unanimously. MAIN STREET E. 32/THE FRENCH CELLAR/WINE TASTING/RESOLUTION 2003-122 (09.15) Motion by Mr. Glickman, seconded by Mr. Pirzynski, that Council adopt Resolution 2003-122 entitled, RESOLUTION OF THE TOWN OF LOS GATOS APPROVING A REQUEST TO MODIFY A PERMIT TO ALLOW WINE TASTING WITH EXISTING RETAIL WINE SALES ON PROPERTY ZONED C-2. Carried unanimously. N:\CLK\Council Minutes\2003\M 10-20-03.wpd 2 Town Council Minutes October 20, 2003 Redevelopment Agency Los Gatos, California EXAMINATION OF SALES AND USE TAX RECORDS/RESOLUTION 2003-123 (10.09) Motion by Mr. Pirzynski, seconded by Mr. Glickman, that Council adopt Resolution 2003-123 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING EXAMINATION OF THE STATE BOARD OF EQUALIZATION’S SALES AND USE TAX RECORDS FOR THE TOWN OF LOS GATOS BY THE TOWN’S SALES TAX CONSULTANT AND TOWN STAFF DESIGNATED BY THE TOWN MANAGER. Carried unanimously. WINCHESTER BOULEVARD 14561/TRACT 9521/FINAL MAP/RESOLUTION 2003-124 (11.15) Motion by Mr. Pirzynski, seconded by Mr. Glickman, that Council adopt Resolution 2003-124 entitled, RESOLUTION OF THE TOWN OF LOS GATOS APPROVING THE FINAL MAP OF TRACT 9521, ACCEPTING THE DEDICATIONS, AND AUTHORIZING THE TOWN MANAGER TO EXECUTE THE CONTRACT FOR PUBLIC IMPROVEMENTS. Carried unanimously. ENGINEERING TRAFFIC SURVEY/ESTABLISHING SPEED LIMITS/ORDINANCE 2119 (12.41) Motion by Mr. Pirzynski, seconded by Mr. Glickman, that Council adopt Ordinance 2119 entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING SECTION 15-30.235 OF THE LOS GATOS TOWN CODE FOR ESTABLISHING SPEED LIMITS ON CERTAIN STREETS, which was introduced at the regular Council meeting of September15, 2003. Carried unanimously. AMENDMENT TO THE DOWNTOWN REDEVELOPMENT AGENCY/ORDINANCE 2120 (13.27) Motion by Mr. Pirzynski, seconded by Mr. Glickman, that Council adopt Ordinance 2120 entitled, ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS APPROVING AND ADOPTING THE SECOND AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE CENTRAL LOS GATOS REDEVELOPMENT PROJECT AREA, AND MAKING CERTAIN FINDINGS PURSUANT TO THE COMMUNITY REDEVELOPMENT LAW OF THE STATE OF CALIFORNIA, which was introduced at the regular Council meeting of October 6, 2003. Carried by a vote of 3 ayes. Ms McNutt and Mrs. Decker abstained due to conflict of interest. MINUTES OF OCTOBER 6, 2003 (14.V) Motion by Mr. Pirzynski, seconded by Mr. Glickman, that the Council/Agency approve the Minutes of October 6, 2003, Joint Town Council/Redevelopment Agency Study Session on the Parking Management Plan as submitted. Carried unanimously. PROJECT 0108/STREETSCAPE/NORTH SANTA CRUZ AVENUE/PHASE I BEAN TO BACHMAN INTERSECTION/RESOLUTIONS 2003-125 & 2003-27RD (15.24&31) Motion by Mr. Pirzynski, seconded by Mr. Glickman, that Council/Agency adopt Resolutions 2003-125 & 2003-27RD entitled, RESOLUTION OF THE TOWN COUNCIL & REDEVELOPMENT AGENCY OF THE TOWN OF LOS GATOS ACCEPTING WORK OF ROBERT A. BOTHMAN, INC. FOR PROJECT 0108 - NORTH SANTA CRUZ AVENUE STREETSCAPE PROJECT - PHASE I (BEAN TO BACHMAN INTERSECTION ) AND AUTHORIZING THE TOWN MANAGE/EXECUTIVE DIRECTOR TO EXECUTE CERTIFICATE OF ACCEPTANCE AND NOTICE OF COMPLETION FOR RECORDING BY THE TOWN CLERK/SECRETARY. Carried unanimously. N:\CLK\Council Minutes\2003\M 10-20-03.wpd 3 Town Council Minutes October 20, 2003 Redevelopment Agency Los Gatos, California VERBAL COMMUNICATIONS (XX.28) School Traffic Safety Issues: Ray Davis requested quick action in the installing of electronic signs, intersection striping, and safety railings at Blossom Hill School and other schools that may have a need for traffic safety devises. OTHER BUSINESS WIFI INTERNET ACCESS/AT TOWN PLAZA/OPERA HOUSE DONATION (18.35) Mayor Decker stated that this was the time and place duly noted to consider acceptance of the donation of Wifi Internet Access for the Town Plaza. The following people from the audience addressed this issue: Wayne Leventhal of the Opera House, Marie Tallman General Manager of the Toll House and a representative of Firetide, (a Los Gatos-based company) explaining the availability of this service to the community and noting that the equipment would be hidden in the roof of the bus shelter and not detract from the park ambiance. People in the park and environs between the Opera House and the Toll House would have access to the service. The donation from Mr. Leventhal will benefit the community and the business executives visiting both establishments. This is a service being provided in other communities and will offer the same amenity in our downtown. No one else from the audience addressed this item. Motion by Mrs. Decker, seconded by Ms McNutt, that Council accept the donation of Wifi Internet Access for the Town Plaza from Brian Leventhal of the Opera House. Carried unanimously. PUBLIC HEARING HILLSIDE DEVELOPMENT STANDARDS & GUIDELINES/ORDINANCE INTRODUCTION (19.38) (A.)Mayor Decker stated that this was the time and place duly noted for public hearing to consider introducing ordinance amending the Town Code to revise the definition of “Lot Area”, and the adoption of Hillside Development Standards & Guidelines. Applicant: Town of Los Gatos. File A-03-3. Mayor Decker opened the public hearing but there was no one from the audience to address this issue and the hearing was subsequently closed. Motion by Mr. Pirzynski, seconded by Ms McNutt, that Council make the required finding that the Town Code Amendment is consistent with the General Plan and the Hillside Specific Plan. Carried unanimously. The Town Clerk read the Title of the Proposed Ordinance. Motion by Mr. Pirzynski, seconded by Ms McNutt, that Council waive the reading of the Proposed Ordinance. Carried unanimously. Motion by Mr. Pirzynski, seconded by Ms McNutt, that Council introduce Proposed Ordinance entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING TOWN CODE SECTION 29.10.020 – DEFINITION OF “LOT AREA.” Carried unanimously. N:\CLK\Council Minutes\2003\M 10-20-03.wpd 4 Town Council Minutes October 20, 2003 Redevelopment Agency Los Gatos, California PUBLIC HEARING CONTINUED HILLSIDE DEVELOPMENT STANDARDS & GUIDELINES/CONTINUED (19.38) (B.)Mayor Decker stated that this was the time and place duly noted for public hearing to consider the adoption of Hillside Development Standards & Guidelines. Applicant: Town of Los Gatos. Part 1: House size regulations Council and Staff Comments: Proposed standards allow for a home greater than 6000 square feet if it is not visible from the established valley viewing platforms, and is limited to no more than 6000 square feet if the home is visible. The applicant may request greater square footage but the burden of justification for a larger structure is placed on the applicant. The 6000 square foot figure is not intended as a guarantee that a structure of that size will be automatically granted, but as a cap not to be exceeded. Actual allowable square footage is to be considered in relation to visibility, topography and environmental impact. Criteria for standard could take into consideration the percentage of the structure that is visible rather than holding a maximum square footage as the standard. Considerations would then be related to impact and not size. Part 2: Exclusions to floor area Council and Staff Comments: Considerations for size of allowable garage space based on formula used in flatland standards, which entitles garage space as an exception to FAR. Concern that if accessory structures are not included in floor area, applicants may attempt to incorporate as many structures as possible, which would further impact the land. Cellars should be encouraged and not included in floor area. Table 3 on page 31 provides for allowable square footage of accessory buildings without limiting the size or type of structure, but not considered as included in FAR. Each application is unique and requires a standard and guideline that can minimize and streamline the process. Concern is for overall impact of accessory buildings. Part 3: Requirement of sustainable design features for homes larger than 3,500 square feet. Council and Staff Comments: The standards as proposed, with the change of “shall” to “should”, are appropriate to the sensitive nature of hillside structures. The specific impact of hillside homes in the area regarding power supply, water access and runoff have greater potential significance as compared to those in the flatland. Issues of energy efficiency are more in common with those of flatland construction and could be included in Townwide standards. Part 4: Ability to approve a home of 5,000 square feet or less at DRC level Council and Staff Comments: Current zoning ordinance provide for the DRC to approve all hillside homes, regardless of size, however this has not been done because the Planning Commission and Council have requested right of decision until new Hillside Standards are adopted. The concept is to evolve the DRC to a public decision-making body. Present issue is the concern of adequate notice. Intent is to expand noticing to thirty homes and to include those properties in the DRC process. The 500 foot noticing scheme may not include any neighboring properties due to the large size of many lots and using an expanding notice radius to include thirty homes makes sense. Planning Commission should review only those applications which are complex and difficult, and allow the DRC to deal with those which are straight-forward in nature. Noticing should include nature of project and channels available for communication with staff. Story poles are required for all proposed projects. N:\CLK\Council Minutes\2003\M 10-20-03.wpd 5 Town Council Minutes October 20, 2003 Redevelopment Agency Los Gatos, California PUBLIC HEARING CONTINUED HILLSIDE DEVELOPMENT STANDARDS & GUIDELINES/CONTINUED (19.38) Part 5: Standards versus Guidelines Council and Staff Comments: The “shalls” that have been recommended to be changed to “shoulds” address constrictive and often untenable requirements, and are not always in the best interest of the minimum environmental impact and fire protective measures.Changing the language gives the DRC more latitude in making recommendations and granting approvals. This allows for flexibility in those projects that may not be able to fully comply with the standards due to limitations of topography and specific fire protection issues. Exceptions address those issues which are specific to the nature of a particular property. The desire is to be able to address most exceptions at the DRC level, and reduce the need of review by the Planning Commission or Town Council. Need to reintroduce language to place the burden of proof upon the applicant to show that there are compelling reasons for granting the exeption. Part 6: County Properties Council Comments: Language as proposed by staff is appropriate. Part 7: Visual Aids Council Comments: Story poles will continue to be required, and any other means of visual aid to help in understanding and defining the intentions of the applicant are encouraged. Part 8: Application of HDS&G Council and Staff Comments: Projects currently in the planning process and which have been deemed complete but not considered by the Planning Commission should be exempt from the new Hillside Standards. The following people from the audience addressed this issue: Catherine Schmidt thanked the Council and Mayor Decker for the attention given to protecting the Hillsides. Suzanne Cochran stated the need to include the outbuildings in the total square footage considerations. She stated concerns about grading issues in relation to the “should” and “shall” language. Asked where reservoir project falls in relation to the proposed standards. No one else from the audience addressed this subject. Council Comments: Council made several suggestions to further clarify specific issues addressed within the Hillside Standards and Guidelines. There was consensus for the creation of an ad hoc committee composed of Staff and Planning Commissioners to review changes and suggestions. The revised Hillside Standards and Guidelines will be forwarded to Council for final consideration. N:\CLK\Council Minutes\2003\M 10-20-03.wpd 6 Town Council Minutes October 20, 2003 Redevelopment Agency Los Gatos, California PULLED ITEM FROM CONSENT WEDGEWOOD AVENUE 17251/CARPORT CANOPIES/RESOLUTION 2003-120 (07.15) Motion by Mr. Wasserman, seconded by Mrs. Decker, that Council adopt Resolution 2003-120 entitled, RESOLUTION OF THE TOWN OF LOS GATOS DENYING AN APPEAL OF A DECISION FROM THE PLANNING COMMISSION DENYING A VARIANCE REQUEST TO LEGALIZE TWO CANOPY CARPORTS WITHIN THE FRONT SETBACK AND TO REDUCE THE REQUIRED VEHICLE BACK UP AREA ON PROPERTY ZONED R-1:8, and that the Medalies have until November 30, 2003 to remove their canopy carports. Carried unanimously. OTHER BUSINESS SANTA CRUZ AVENUE 15½/LOS GATOS BAR & GRILL/CUP REVIEW (20.15) Mayor Decker stated that this was the time and place duly noted to consider accepting report on review of Conditional Use Permit U-02-16. Los Gatos Bar and Grill. Property Location: 15½ N. Santa Cruz Avenue. Property Owner: Chris Hygelund, Agent. Applicant: JCS /group, LLC. Jason Farwell, Owner of the Bar & Grill, spoke of the measures taken to alleviate some of the noise problems at this location. He spoke of sending notices to neighbors and asked that improved lighting in the lot be considered. He believes the noise in the parking lot comes from several late night establishments in this general vicinity. Motion by Mr. Glickman, seconded by Mr. Wasserman, that Council accept report of review of Conditional Use Permit U-02-16, Los Gatos Bar and Grill. Carried unanimously. Motion by Mr. Glickman, seconded by Mr. Wasserman, to defer the sound attenuation noise barrier. Motion fails with a vote of 3 noes to the motion makers’ 2 ayes. Council Comments & Consensus including the implementation of condition 18: *Noise barrier be installed within 60 days. *Staff to meet with Pizza My Heart, Mountain Charley’s, and the Los Gatos Bar & Grill to discuss outstanding issues. *Security guard and doorman to expand their activities on the common upper deck. *Meet with the bars in the vicinity to discuss their general and inclusive generation of neighborhood disturbance problems and ways and means to arrive at a joint solution to these issues. ANNUAL REPORT/FISCAL YEAR 2002/2003 (21.09) Motion by Mrs. Decker, seconded by Mr. Pirzynski, that Council accept the Fiscal Year 2002-2003 Annual Report which Town Code requires the Town Manger to provide after the close of the fiscal year. Council also noted that the presentation to the community was excellent. Carried unanimously. N:\CLK\Council Minutes\2003\M 10-20-03.wpd 7 Town Council Minutes October 20, 2003 Redevelopment Agency Los Gatos, California COUNCIL MATTERS (22.28 & 36) Silicon Valley Animal Control Authority: Alana Forest, Police Captain, spoke of the options now available to Council. She will prepare report for Council for the meeting of November 3, 2003 with options to providing animal control for the Town. Council will need to take a position on remaining in the JPA, or withdrawing. The Town can make a fourteen thousand dollar deposit now and have the ability to withdraw that deposit by December 14, 2003. Council Consensus to make a fourteen thousand dollar $14,000.00 deposit with the JPA for an animal shelter, with the understanding that a report delineating the costs for construction, maintenance, and client fees will be available at the next regular Council meeting. Santa Clara Cities Association: Joe Pirzynski announced that he had been elected President of the Santa Clara County Cities Association for the coming year. MANAGER MATTERS (23.28) There were no reports given this evening. ADJOURNMENT Mayor Decker closed this evening’s meeting at 11:20 p.m. ATTEST: Marian V. Cosgrove Town Clerk N:\CLK\Council Minutes\2003\M 10-20-03.wpd 8