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Item 6 Staff Report Approve Council/Agency Minutes of January 7, 2002MEETING DATE: 01/22/02 ITEM NO. 6 DESK ITEM COUNCIL AGENDA REPORT DATE: JANUARY 22, 2002 TO: MAYOR AND TOWN COUNCIL FROM: TOWN CLERK SUBJECT: APPROVE COUNCIL/AGENCY MINUTES OF JANUARY 7, 2002 RECOMMENDATION: Approve Council/Agency Minutes of January 7, 2002. DISCUSSION: The minutes of December 7, 2002 have an amendment to page 6, Council Comments by Mrs. Decker. They should read as follows: "Mrs. Decker concurs with the Staff comments and feels it is important to reiterate to the County what our standards are. Mrs. Decker would not like to tamper with the policy prohibiting lighting of tennis courts in the hillsides." PREPARED BY: MARIAN V. COSGROVE Town Clerk MVC:mjr TC:D13:TC010702.MIN Reviewed by: Attorney 1%/ Meager— Revised: 1/22/02 6:26 PM Reformatted: 10/23/99 C`� DRAFT Council Meeting TOWN OF LOS GATOS Date: 01/22/02 CALIFORNIA Item #: TOWN COUNCIL/PARKING AUTHORITY JOINT REDEVELOPMENT AGENCY January 7, 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 7:00 p.m., Monday, January 7, 2002, in joint 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. NEW EMPLOYEE Mr. Curtis, Director of Parks and Public Works introduced the new Town Engineer Kevin Rohani CLOSED SESSION There was no closed session to report. INTERVIEW/BOARDS, COMMISSIONS AND COMMITTEES Sol Carson and Barbara Mortkowitz were appointed to the Arts Selection Panel; Toni Blackstock and Kristen Dryden were appointed to the Community Services Commission; and, Council requested that the interviews for the Arts Commission be rescheduled so that Ms. McCabe could be present for her interview. SCHEDULE OF PUBLIC HEARINGS (01.28) Motion by Mr. Blanton, seconded by Mrs. Decker, to accept and file informational report regarding currently scheduled public hearings. Carried unanimously. MEETING CALENDARS FOR JANUARY, 2002 AND FEBRUARY, 2002 (02.00) Motion by Mr. Blanton, seconded by Mrs. Decker, to accept and file the meeting calendar for January, 2002 and February, 2002. Carried unanimously. RATIFICATION OF ACCOUNTS PAYABLE FOR DECEMBER 2001. (03.V) Motion by Mr. Blanton, seconded by Mrs. Decker, that Council ratify the accompanying check registers for accounts payable invoices paid on December 14, 2001, December 21, 2001, and December 28, 2001 in the amount of $2,267,874.96. Carried unanimously. Misc:MM I -7-02 Town Council Minutes Redevelopment Agency TREASURERS REPORT (04.) Motion by Mr. Blanton, seconded by Mrs. Decker, that Council consider, accept and file the Treasurers Report for November, 2001 Carried unanimously. January 7, 2002 Los Gatos, California RATIFICATION OF PAYROLL/DECEMBER, 2001 (07.V) Motion by Mr. Blanton, seconded by Mrs. Decker, that Council ratify the check registers for the payroll ofNovember 25, 2001 through December 8, 2001, paid on December 14, 2001 in the amount of $607,342.20 and December 9, 2001 through December 22, 2001, paid on December 28, 2001 in the amount of $537,210.39. RETAINING WALL REPLACEMENT/PROJECTS/RESOLUTION 2002-1. (08.00) Motion by Mr. Blanton, seconded by Mrs. Decker, that Council adopt Resolution 2002-1 entitled, RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS APPROVING THE PLANS AND SPECIFICATIONS FOR CAPITAL PROJECT 0210 RETAINING WALL REPLACEMENT AT KIMBLE AVENUE, CLELAND AVENUE, OAKHILL WAY/GROVE STREET, OAK MEADOW PARK, AND THE VILLA AVENUE/PAGEANT WAY INTERSECTION AND AUTHORIZING STAFF TO ADVERTISE THE PROJECT FOR BIDS. Carried unanimously. SUMMERHILL OPEN SPACE MAINTENANCE DISTRICT/TRACT 9127/ RESOLUTION 2002-1 (09.00) Motion by Mr. Blanton, seconded by Mrs. Decker, that Council adopt Resolution 2002-2 entitled, RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS ACCEPTING TRACT 9127 SUMMERHILL HOMES OPEN SPACE MAINTENANCE DISTRICT ONLY AND AUTHORIZING THE TOWN MANAGER TO EXECUTE CERTIFICATE OF ACCEPTANCE AND NOTICE OF COMPLETION FOR RECORDING BY THE TOWN CLERK. Carried unanimously. SUPPLEMENTAL MILITARY LEAVE BENEFIT/RESOLUTION 2002-3 (10.00) Motion by Mr. Blanton, seconded by Mrs. Decker, that Council adopt Resolution 2002-3 entitled, RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AUTHORIZING THE PROVISION OF A SUPPLEMENTAL MILITARY LEAVE BENEFIT THROUGH DECEMBER 31, 2002 FOR EMPLOYEES CALLED TO ACTIVE DUTY AS A RESULT OF THE SEPTEMBER 11, 2001 TERRORIST ATTACKS. Carried unanimously. SUPPORT EXISTING TOWN CODE AND PERSONNEL RULES/VETERANS' PREFERENCE SYSTEM/RESOLUTION 2002-4 (11.00) Motion by Mr. Blanton, seconded by Mrs. Decker, that Council adopt Resolution 2002-4 entitled, RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS SUPPORTING THE EXISTING TOWN CODE AND PERSONNEL RULES IN LIEU OF ESTABLISHING A VETERANS' PREFERENCE SYSTEM, PURSUANT TO GOVERNMENT CODE SECTION 50088. Carried unanimously. Misc: MM 1-7-02 2 Town Council Minutes January 7, 2002 Redevelopment Agency Los Gatos, California RATIFY ACCOUNTS PAYABLE FOR DECEMBER 2001/REDEVELOPMENT AGENCY (12.00) Motion by Mr. Blanton, seconded by Mrs. Decker to ratify the Redevelopment Agency check register for invoices paid on December 14, 2001, December 21, 2001, and December 28, 2001 in the amount of $675,778.44. Carried unanimously. MINUTES OF DECEMBER 17, 2001/REDEVELOPMENT AGENCY (13.00) Motion by Mr. Blanton, seconded by Mrs. Decker to ratify the Minutes of the Redevelopment Agency for December 17, 2001. Carried unanimously. VERBAL COMMUNICATIONS (00.28) Ray Davis, resident, stated that he was delighted that Los Gatos Boulevard and Blossom Hill were being cleaned up. He presented an article from the San Francisco Chronicle regarding the dangers associated with eucalyptus trees and stated that the Town's current policy, regarding the eucalyptus tree, should be removed. Mr. Davis stated he was delighted to see the appointment of the Town Engineer, Mr. Rohani. HEARINGS VILLA AVENUE 162/APPEAL (14.15) Mayor Attaway announced that this was the time and place so noted to consider an appeal of the decision of the Planning Commission approving construction of a new single family residence on property zoned R-1 D with conditions. Architecture and site application S-01-75. Property location: 162 Villa Avenue. Property owner: Westhills Investment Inc. Applicant/Appellant: James Rogers. James Rogers, 20115 Orchard Meadow Drive, Saratoga, applicant, explained the history of the property, the number of re -designs that have occurred, and the constraints of the property. He stated that the current design allows for a back yard and the necessary bedroom space for his four children. Mr. Rogers explained that the design meets all setback requirements, height regulations, FAR requirements; has minimal grading, minimal retaining walls, minimal hardscape; and, the only reason the design was not approved was due to the fact that he has placed the garage to the front of the property. Mr. Rogers stated that emulating the small, 1000 foot bungalows in the area will not work with today's living needs or his four children, and placing the garage to the rear of the property will eliminate 60% ofthe rear yard. Mr. Rogers feels that the current garage location has eliminated mass from the streetscape and the landscaping will also contribute to the project being a nice addition to Villa Avenue. Ray Davis, resident, supports the Planning Commissions decision and feels the Town has a right to request conformance with the Town's public documents. Motion by Mr. Blanton, seconded by Mrs. Decker to close the public hearing. Carried unanimously. Council Comments Mrs. Decker clarified that there have been no modifications to the design in the last ten months. Misc:MM I -7-02 3 Town Council Minutes January 7, 2002 Redevelopment Agency Los Gatos, California HEARINGS CONTINUED Mr. Glickman asked if the only difference between the applicants request and what has been approved is the garage location. Mr. Pirzynski asked if the picture of the residence to the east depicted the accurate, current status, relating to the footprint of that property. Mr. Blanton feels that the Planning Commission has not erred and it was the desire of the Commission to create an ambience of an old fashion town which would be in keeping with locating the garage in the rear. Motion by Mr. Pirzynski, seconded by Mr. Blanton, to uphold the decision of the Planning Commission and deny the appeal. Carried unanimously. NORTH SANTA CRUZ AVENUE 217/SALE OF BEER AND WINE WITH MEALS (15.15) Mayor Attaway announced that this was the time and place so noted to consider request for approval to modify a conditional use permit to allow the sale of beer and wine with meals on property zoned C-2. Conditional use permit U-01-18. Property location: 217 North Santa Cruz Avenue. Property owner: Rugani Family Partnership. Applicant: Young K. Kim. Speakers for the issue: Randy Reedy, 19 N. Santa Cruz Avenue, representing the applicant, stated that they have reviewed the reports from the Planning Commission and agree with the findings in both reports. Mr. Reedy explained that this establishment would comply as a "fine dining" restaurant as defined in Town code and would include a Tatami Room to formal Japanese standards. He explained the traditions of a Tatami Room and the unique dining experience associated with it. Mr. Reedy stated that the application complies with all regulations associated with the service of alcohol and there will be no increased need for Town services nor any parking or traffic issues; and, they are able to meet all conditions imposed. He stated that the applicant has a great deal of experience in the restaurant business and there have been no complaints. Mr. Reedy stated that no separate bar area was proposed and all alcohol would be served in conjunction with meals. He stated that the Town should encourage businesses and let the market decided whether or not they will be successful. He reiterated that the Planning Commission was able to make the findings for the CUP and the application complied with both the new and the old alcohol policy. Motion by Mr. Glickman, seconded by Mr. Blanton to close the public hearing. Carried unanimously. Motion by Mr. Blanton, seconded by Mr. Glickman to approve 217 North Santa Cruz Avenue, CUP U-01-18. Misc: MM 1-7-02 4 Town Council Minutes January 7, 2002 Redevelopment Agency Los Gatos, California HEARINGS CONTINUED Council Comments: Mr. Blanton does not believe the Town should base policy on a dooms day scenario. He stated that the application is recommended for approval and the key issue is that it will be a "fine dinning" establishment. Mr. Blanton feels that denying the ability to serve wine and beer in moderation will place the applicant at a serious competitive disadvantage. Mrs. Decker will not support the motion because she believes that it is clear that this Council and the Town are strongly discouraging new applications for additional alcohol uses. She believes there is a saturation of restaurant use and prefers that the current use remain in place. Mrs. Decker does not believe the proposed use of this property is essential or desirable nor does she feel it is in harmony with the General Plan. Mr. Pirzynski does not feel the arguments have overcome the position the Town has taken regarding alcohol and he believes the Council has made it clear that the downtown has reach a point of balance of uses. He believes the Council sets policy; and, this situation is unique in that it will signal where the Town wants to go regarding our alcohol policy. Mr. Pirzynski stated that prior applications of this sort were for an extension of alcohol use and not for new alcohol use. He feels the Council needs to continue to explore the area of "fine dining" to give greater depth to the definition. Mr. Pirzynski feels that although we need to still maintain the viability of our commercial centers there is language that says we need to continue to strongly discourage new applications relating to alcohol and therefore he can not see this application fitting with the property in question. Mayor Attaway will not support the motion. Mr. Attaway stated that he did not think the location should have supported a restaurant in the beginning. However, he believes that the current use meets a certain need of the community. Mr. Attaway explained that he does not want to set a precedent and feels this restaurant should remain a fast food restaurant or something of similar nature. Motion fails 2-3. Mrs. Decker, Mr. Pirzynski and Mayor Attaway voting no. Motion by Mrs. Decker, seconded by Mr. Pirzynski to deny 217 North Santa Cruz Avenue, CUP U-01-18. Carried 3-2. Mr. Blanton and Mr. Glickman voting no. MINUTES OF DECEMBER 17, 2001 (05.V) Ray Davis, resident, stated that he has reviewed the minutes and he was gratified that his comments are reported almost verbatim. Mr. Davis stated that he would present a check for fifty dollars at the next meeting relating to his comments at the previous meeting. Motion by Mr. Pirzynski, seconded by Mrs. Decker that Council approve the Minutes of December 17, 2001 as submitted. Carried unanimously. COUNTY REFERRALS (06.00) Ray Davis, resident, stated that he has looked at the plans for #8014 Wagner Road and feels this is a wonderful opportunity to be proactive. Mr. Davis feels that these plans are exactly what Los Gatos is looking for on the ridge top. One story, elegant, hillside home, with a relaxed roof which is totally compatible with Los Gatos' General Plan and Hillside Specific Plan. Mr. Davis would like to see a condition which says no further subdividing can occur on this property and feels the tennis court Misc: MM 1-7-02 5 Town Council Minutes January 7, 2002 Redevelopment Agency Los Gatos, California should be lighted with down lighting and required to be off at a certain time each evening. Council comments: Mrs. Decker concurs with the Staff comments and feels it is important to reiterate to the County what our standards are. Mrs. Decker would not like to tamper with the lighting of the tennis court. Mayor Attaway clarified that Town policy prohibits lighted tennis courts in the Hillsides. Motion by Mr. Pirzynski, seconded by Mrs. Decker, that Council accept staff recommendation on County Referrals. Carried unanimously. ARCHITECTURAL CONSULTANT/CANNON DESIGN GROUP (16.00) Mr. Lortz gave an overview of the process, the selected consultants credentials, and the Town's need for the services to be provided. He explained how the consultants would assist the Town in the technical design review process and relieve the Planning Commission of the responsibility of functioning as a design review commission which would allow the Commission to focus on higher level planning issues such as refinement to the Town's design standards as well as General Plan implementation. Council comments: Mr. Glickman clarified that the intent was to move the architectural portion of the oversight process to the Consultant as opposed to adding another step in the process. He feels that the Town has to be very clear on what they are doing and that the process has teeth to it. Mr. Glickman would like to see the language strengthened regarding the role of the Commission and the role of the Consultants. Mr. Pirzynski clarified that the three months limit was not firm and could be extended if the Town does not have enough projects over the next three months to evaluate the process adequately. He wants to be certain that this is not just another level to contend with. Mr. Pirzynski feels that the Council has to make certain that they are directing to move the architectural component to the staff liaison position with the Planning Commission acting in the appellant roll. Mrs. Decker is concerned that Hillside and Commercial projects will have already been through the architectural process prior to appearing before the Planning Commission and therefore the Commission will only address zoning and General Plan issues. Mrs. Decker is concerned about how to mitigate other issues which may relate to design matters. She would also like to see some percentage allotted to the two Consultants so that any absences would be at a minimum. Mrs. Decker would also like to see the time frame left open for a six month review. Mayor Attaway wants to be certain that both the Planning Commission and the Consultants understand their roles. He is concerned about the language in the last paragraph of the resolution and wants to be sure that the Planning Commission has the ability to make changes should the circumstances require it. Mr. Blanton suggested that Staff readdress the concerns that have been raised. Speakers Larry Cannon, Cannon Design Group, 180 Harbor Drive, Sausalito, Consultant, reviewed his qualifications and credentials. He stated that he is comfortable with the full range of responsibilities as well as the philosophy and goals of the Town. Mr. Cannon explained that he plans to spend as much time as possible in the Los Gatos community to acquaint himself with the Town's image, Misc:MM 1-7-02 6 Town Council Minutes Redevelopment Agency character, and goals. Ray Davis, resident, does not feel that the Planning Commission has seen this and thinks this is being dumped on them. Mr. Davis feels this is a tool to control the Planning Commission. Motion by Mayor Attaway, seconded by Mrs. Decker to modify by deleting the last paragraph and adopt Resolution 2002-5 entitled; RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO EXECUTE AGREEMENTS WITH CANNON DESIGN GROUP AS THE PRIMARY AND MARK SREBNIK ARCHITECT-AIA, AS THE SECONDARY (BACK-UP) FOR SERVICES AS ARCHITECTURAL CONSULTANTS TO THE TOWN. Carried unanimously. Staff to return with a separate Resolution outlining the specific roles and responsibilities of the Planning Commission and the Architectural Consultants. SHAKESPEARE IN THE PARK (17.00) January 7, 2002 Los Gatos, California Speakers in favor: Mary Tomasi-Dubois, 121 Altura Vista, stated that it has been the goal of Friends of Los Gatos Community Theater to bring live theater back to Los Gatos. She explained that there is a spiritual need that Art fulfills for a community and maintaining the character of Los Gatos should include live theater. Ms. Tomasi-Dubois explained the process the group has been through and the response they have received. Bruce De Les Dernier, 5893 Hillview Avenue, San Jose, Artistic Director for the Theater group, gave an overview of his artistic group and their credentials. He explained that Los Gatos is an ideal venue and Oak Meadow Park, with the proposed Bandstand and Gazebo, an excellent location for this type of art. Richard Konrad,86 Fairview Plaza, representing the Parks Commission, stated that the Commission found this to be an excellent use of Oak Meadow Park and have determined that this will not be an invasive use of the park. Paul Dubois, 121 Altura Vista, representing the Los Gatos Community Foundation stated that the Foundation had found that there was a great interest in bringing live Shakespear to Los Gatos. He explained the Foundation's role as an "umbrella" organization for the Theater group and stated that additional benefit will come from outreach into local schools and family programs that will be presented. Mr. Dubois reiterated that the marrying of the theater and the bandstand are something that Los Gatos can be very proud of Ray Davis, resident, stated that this is a "win -win" situation. He spoke of a similar theater in Orinda which was very popular and stated that this looked like a terrific deal for Los Gatos. Mayor Attaway called a recess at 8:45 p.m. to allow Council to view the stage replica which has been erected in the foyer. Meeting resumed at 8:55 p.m. Misc:MMI-7-02 7 Town Council Minutes January 7, 2002 Redevelopment Agency Los Gatos, California Council comments: Mayor Attaway stated that this will clearly be an asset and something that Los Gatos can be very proud of. He is pleased with the time and effort that has been expended and the professional results. Mr. Pirzynski feels this is an extraordinary way to continue the process of evolving more community events which allow the entire Town to come together and experience things of a cultural nature. Mr. Glickman thanked everyone for their effort and feels the Town will derive enormous benefit from the productions as we revisit our classical education. Mrs. Decker stated that the project is very exciting and she looks forward to purchasing her tickets. Motion by Mayor Attaway, seconded by Mr. Pirzynski to approve the Parks Commission recommendation to proceed with the Shakespeare in the Park Program and to direct staff to continue with the Special Event process. Carried unanimously. COUNCIL MATTERS (18.28) There were no Council matters this evening. MANAGER MATTERS (20.28) Council retreat Saturday, January 26, 2002: Consensus to hold the retreat at the Toll House Hotel. Council was asked to schedule a full day until the agenda was finalized. ADJOURNMENT Mayor Attaway closed this evening's meeting a 9:00 p.m. Misc:MM1-7-02 ATTEST: MarLyn J. Rasmussen Senior Deputy Town Clerk 8 Town Council Minutes January 22, 2002 Redevelopment Agency Los Gatos, California PLANNING COMMISSION/PLANNING DEPARTMENT MONTHLY STATUS REPORT (03.38) Informational report regarding activity of Planning Commission and Department was received and filed. RATIFICATION OF PAYROLL/DECEMBER 2001-JANUARY 2002 (04.V) Motion by Mr. Glickman, seconded by Mrs. Decker, that Council ratify the check registers for the payroll of December 23, 2001 through January 5, 2002 paid on January 5, 2002 in the amount of $490,148.85. Carried unanimously. ACCOUNTS PAYABLE/RATIFICATION/JANUARY 2002 (05.V) Motion by Mr. Glickman, seconded by Mrs. Decker, that Council ratify the accompanying check registers for accounts payable invoices paid on January 11, 2002, in the amount of $587,501.99. Carried unanimously. MINUTES OF JANUARY 7, 2002 (06.V) Motion by Mr. Glickman, seconded by Mrs. Decker, that Council approve the Joint Town Council/Redevelopment Agency Minutes of January 7, 2002, as amended reflecting notation in this evening's desk item. Carried unanimously. LOS GATOS BOULEVARD 15047/YUKI FARMS/ZONE CHANGE (07.15) Motion by Mr. Glickman, seconded by Mrs. Decker, that Council accept report from Planning Commission recommending approval ofZone Change, Z-01-3, and adoption of Negative Declaration, ND-01-0013, and schedule the Zone Change and Negative Declaration for a public hearing on February 4, 2002. Carried unanimously. COUNCIL RETREAT/COUNCIL MEETING SCHEDULE (08.28) Motion by Mr. Glickman, seconded by Mrs. Decker, that Council amend Town Council Meeting Schedule for Fiscal Year 2001-2002 confirming January 26, 2002 Council Retreat at 8:30 a.m. at the Toll House Hotel (Board Room) - 140 South Santa Cruz Ave. Carried unanimously. ANNEXATION/BLOSSOM HILL MANOR #10/OLEANDER AVE 16371/RESO 2002-06 (09.14) Motion by Mr. Glickman, seconded by Mrs. Decker, that Council adopt Resolution 2002-06 entitled, RESOLUTION OF THE TOWN OF LOS GATOS ORDERING THE REORGANIZATION OF CERTAIN UNINHABITED TERRITORY DESIGNATED AS BLOSSOM HILL MANOR #10 TO THE TOWN OF LOS GATOS. Carried unanimously. SKY LANE 14725/VACATION OF RIGHT OF WAY/RESOLUTION 2002-07 (10.15) Motion by Mr. Glickman, seconded by Mrs. Decker, that Council adopt Resolution 2002-07 entitled, RESOLUTION OF THE TOWN OF LOS GATOS SETTING A PUBLIC HEARING ON THE PROPOSED SUMMARY VACATION OF RIGHT OF WAY FOR INGRESS AND EGRESS OVER PROPERTY LOCATED AT 14725 SKY LANE, PARCEL #537-27-02. Carried unanimously. TC: D 1 1: MM012202 2