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M 01-06-03TOWN OF LOS GATOS CALIFORNIA TOWN COUNCIL/PARKING AUTHORITY JOINT REDEVELOPMENT AGENCY January 6, 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 7:05 p.m., Monday, January 6, 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 prior to this evening’s meeting. COMMUNITY SERVICES COMMISSION/APPOINTMENT (00.12) Mayor Decker announced that one application had been received from Jocelyn DeGrance Graham, for two vacancies on the Community Services Commission. Voting was held and Ms. DeGrance Graham was appointed to term ending 1/01/06. The remaining opening will be re- advertised. BUSINESS COMMENDATION/JOHN MOORE/MOORE GMC BUICK (00.28) Council Member Pirzynski presented Town Commendation to Mr. John Moore of Moore GMC Buick and spoke of the years this business has served our community. Mr. Moore was present to receive the commendation and express his appreciation and his continued commitment to our town. SCHEDULE OF PUBLIC HEARINGS (01.28) Motion by Mr. Glickman, seconded by Mr. Pirzynski, to accept and file informational report regarding currently scheduled public hearings. Carried unanimously. COUNCIL CALENDAR OF MEETINGS (02.28) Motion by Mr. Glickman, seconded by Mr. Pirzynski, that Council accept the January 2003 and February 2003 Town’s Calendar of Meetings. Carried unanimously. RATIFICATION OF PAYROLL/NOVEMBER-DECEMBER 2002 (03.V) Motion by Mr. Glickman, seconded by Mr. Pirzynski, that Council ratify the check registers for the payroll of November 24, 2002 through December 7, 2002, paid on December 13, 2002, in the amount of $626,088.24. Carried unanimously. N:\CLK\Council Minutes\2003\M 01-06-03.wpd Town Council Minutes January 6, 2003 Redevelopment Agency Los Gatos, California ACCOUNTS PAYABLE/RATIFICATION/DECEMBER 2002 (04.V) Motion by Mr. Glickman, seconded by Mr. Pirzynski, that Council ratify the accompanying check registers for accounts payable invoices paid on December 13, 2002, December 20, 2002 and December 27, 2002 in the amount of $1,054,812.04. Carried unanimously. LIBRARY/INFORMATION SYSTEM MAINTENANCE/RESOLUTION 2003-01 (07.32) Motion by Mr. Glickman, seconded by Mr. Pirzynski, that Council adopt Resolution 2003-01 entitled, RESOLUTION OF TOWN OF LOS GATOS AUTHORIZING TOWN MANAGER TO EXECUTE CONTRACT BETWEEN TOWN AND EPIXTECH, INC, FOR LIBRARY INFORMATION SYSTEM MAINTENANCE. Carried unanimously. SANTA CRUZ AVE N 206/RESTAURANT ALCOHOL LICENCE/RESOLUTION 2003-02 (08.15) Mayor Decker noted that explicit direction to staff had been given to ensure excellence of architectural design at this site for the Forbes Mill Steak House and a wrap around design and historically compatible facade had been asked for. She does not want these items lost in the process. She does not see this spelled out in the resolution but wants it noted that the use was granted with the understanding that the community would get the quality that it was promised both inside and out. With Council’s concurrence she asked that staff follow this application carefully. Motion by Mr. Glickman, seconded by Mr. Pirzynski, that Council adopt Resolution 2003-02 entitled, RESOLUTION OF TOWN OF LOS GATOS APPROVING A REQUEST FOR MODIFICATION OF A CONDITIONAL USE PERMIT FOR A RESTAURANT TO HAVE FULL LIQUOR SERVICE WITH A SEPARATE BAR. Carried unanimously. FINAL MAP/TRACT 9368/VINYARD HEIGHTS/RESOLUTION 2003-03 (09.25) Motion by Mr. Glickman, seconded by Mr. Pirzynski, that Council adopt Resolution 2003-03 entitled, RESOLUTION OF TOWN OF LOS GATOS RESCINDING RESOLUTION 2002- 151 AND APPROVING FINAL MAP OF TRACT 9368, ACCEPTING THE DEDICATIONS AND AUTHORIZING THE TOWN MANAGER TO SIGN THE REVISED CONTRACT. Carried unanimously. MAYOR’S STATEMENT (XX.28) Mayor Decker welcomed the Council and audience and explained how she would like the tone of the Town meeting s 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. N:\CLK\Council Minutes\2003\M 01-06-03.wpd 2 Town Council Minutes January 6, 2003 Redevelopment Agency Los Gatos, California VERBAL COMMUNICATIONS (XX.28) Landscaping on Santa Cruz and Los Gatos Boulevard: Ray Davis spoke of the free right hand turns on North Santa Cruz Ave and the bulb outs on Los Gatos Boulevard which he believes cause a safety hazard for pedestrians. He would like the light standards returned to where they were originally. Winchester-Daves Intersection: Doug McNeil spoke of the great improvement at this intersection for pedestrian safety. He thanked the town for the cooperation and excellent project. PUBLIC HEARING FORREST AVE 98/RESIDENTIAL SUBDIVISION/APPEAL (12.15) 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 approval to subdivide a parcel into two lots, demolish a pre-1941 residence, and construct two condominium units on property zoned RM:5-12. Subdivision Application M-02-9. Architecture and Site Application S-02-31, and S- 02-32. Property Location: 98 Forrest Avenue. Property Owner/Applicant/Appellant: Daryoush Marhamat. The following people from the audience addressed this issue: Len Pacheco, speaking for the applicant, noted that the applicant has worked closely with the Town and neighbors to satisfy all concerns. The immediate neighbors have written in favor of the project and Mr. Pacheco spoke to the modest homes that will add to the housing stock. Paul Vieth, spoke against the proposal. He said that the owner never contacted the neighbors. He believes the majority of the neighbors want one unit in the center of the lot. Ray Davis spoke of Mr. Pacheco being on the Historic Preservation Committee and his belief that this causes a conflict of interest. He asked that the neighborhood’s wishes be adhered to. Stephanie Christenberry noted that her home is immediately adjacent to this project and that she favors the two unit proposal. She believes this option offers more of an appearance of light and open space than one single building would provide. Larrie Courtney, President of the Homeowners Association, said that the majority did not want a two story project which did not fit into the neighborhood style. He said that his association had not been contacted concerning this proposal. Jane Wert, spoke of the project being denied due to mass and bad design. Would like landscaping, trees for privacy, natural siding and attractive architectural design. Dorothy Courtney spoke to the privacy issues with two homes on this one lot. John Tice spoke of the technology and talent that exists to show the eleven different possibilities discussed this evening. Asked that simple line drawings of these configurations be made on single frame digital photography for Council’s consideration. Park Miller is in favor of the two homes and believes if they are sensitively designed they will offer a better sense of community. Mr. Pacheco spoke of open space, light, perception of light and scale. He noted that this would satisfy the need of the most immediate neighbor No one else from the audience spoke to this item. N:\CLK\Council Minutes\2003\M 01-06-03.wpd 3 Town Council Minutes January 6, 2003 Redevelopment Agency Los Gatos, California PUBLIC HEARINGS CONT. FORREST AVE 98/RESIDENTIAL SUBDIVISION/APPEAL CONTINUED Mayor Decker closed the public hearing. Motion by Mrs. Decker, seconded by Mr. Glickman, to grant the appeal with the condition that plans shall be reviewed by the Town’s Architect, and that the concerns of the neighborhood be reflected in cottage like homes that are specifically more compatible with the neighborhood and which include additional design elements. Community Development Director, Applicant and Architect to come to mutually acceptable agreement on design or the application must return to the Planning Commission. Landscape screening to be included. Carried by a vote of 3 ayes. Mr. Pirzynski and Mrs. McNutt voted no for the following reasons: 1) Problem with two single family homes on one lot; 2) Would like one building explored as an option; 3) Design is not acceptable; 4) Developer has not followed the directions and guidelines of Planning Commission and Council. Bud Lortz, Director of Community Development, reconfirmed the following items which support the motion made by Council and with which Council concurred: The architecture to drive the floor area; There be a functional second floor that complies with the uniform building code; The design to minimize the impacts on neighbors; Design incorporates the architectural comments and recommendations of the consulting architect and integrates those throughout the 360 degree architecture of both structures; Plans to include trees to screen along the southerly and easterly property line; This all to the satisfaction of the Director of Community Development. COUNCIL RECESS Mayor Decker called a five minute recess at 9:05 p.m. HAZARDOUS VEGETATION/WEED ABATEMENT HEARING/RESOLUTION 2003-004 (13.33) Mayor Decker stated that this was the time and place duly noted for public hearing to consider overruling objections and ordering abatement of hazardous vegetation (weeds) on certain properties and authorizing the County contractor to perform the weed abatement work necessary to comply with the standards. The following people from the audience addressed this issue: Thomas Lugaresi asked for some leniency in getting his weeds abated and in taking care of the acacia trees on his property. David Fishell likes the natural landscaping effect and is not sure what the notice is referring to. Judy Saunders working with the county explained how the weed abatement program worked and how the Fire Marshals do review the properties and work with the property owners. The deadline for compliance is April 1st. Ray Davis asked that brush and weeds should come through at the same time. He noted that the burn season start in June. Steven Wilson spoke of his 10 acres of land and that he would be in touch with the Fire Marshal. There was no one else from the audience to speak on this issue. Mayor Decker closed the public hearing. N:\CLK\Council Minutes\2003\M 01-06-03.wpd 4 Town Council Minutes January 6, 2003 Redevelopment Agency Los Gatos, California PUBLIC HEARINGS CONT. HAZARDOUS VEGETATION/WEED ABATEMENT/RESOLUTION 2003-004/CONTINUED Motion by Mr. Pirzynski, seconded by Mr. Glickman, that Council adopt Resolution 2003-04 entitled, RESOLUTION OF TOWN OF LOS GATOS OVERRULING OBJECTIONS AND ORDERING ABATEMENT OF HAZARDOUS VEGETATION (WEEDS) AS A PUBLIC NUISANCE. Carried unanimously. MINUTES OF DECEMBER 16, 2002 (05.V) Ray Davis spoke of property rights of applicants and his belief that there are no property rights or delicate balances of same. He believes that the Planning Commission and Council have the sole right and would like the minutes to reflect that. Motion by Mr. Pirzynski, seconded by Mrs. McNutt, that Council approve the Minutes of December 16, 2002, Joint Council/Redevelopment Agency Meeting as submitted. Carried unanimously. TREASURER’S REPORT (06.02) Ray Davis does not believe that the Treasurer needs a private investor to advise her on investments, but believes that she is responsible for doing the best she can with the duty assigned to her. Motion by Mr. Pirzynski, seconded by Mrs. McNutt, that Council accept and file informational report submitted by the Treasurer to the Council for the month ended November 30, 2002. Carried unanimously. COUNCIL MATTERS (14.28) YOUTH AND ALCOHOL/COMMUNITY PARTNERSHIP Report was presented by staff to Council concerning a community partnership formed to address youth and alcohol issues. Council spoke of future Town involvement and support for the proposals. Speakers: Chief Seaman gave an update of the progress the original committee has made and how it has now expanded to about 20 members. Ray Davis spoke of this grave community issue and the safety of the roads. Kim Bidermann spoke of these accidents as not accidents but as choices made by these young people. She noted that a revolution was needed in town and not a slow evolution. Something radical is needed for immediate change. Council Comments: That the Town move forward quickly on this issue. That Chief Seaman continue to work with High School Principal, Trudy Maculack, Mayor Decker and Council Member Glickman in building this community commitment. MANAGER MATTERS (15.28) Mrs. Figone gave supplemental information from the Chamber of Commerce. N:\CLK\Council Minutes\2003\M 01-06-03.wpd 5 Town Council Minutes January 6, 2003 Redevelopment Agency Los Gatos, California ADJOURNMENT Mayor Decker closed this evening’s meeting at 10:06 p.m. ATTEST:Marian V. Cosgrove Town Clerk N:\CLK\Council Minutes\2003\M 01-06-03.wpd 6