16 Desk Item - Minutes of January 05, 2004MEETING DATE: 01/20/04
towN of DESK ITEM
ITEM 16
COUNCIL/AGENCYAGENDA REPORT
GA1oS
DATE: JANUARY 20, 2003
TO: MAYOR/CHAIR AND TOWN COUNCIL/REDEVELOPMENT AGENCY
FROM: TOWN CLERK/AGENCY SECRETARY
SUBJECT: MINUTES OF JANUARY 05, 2004
BACKGROUND:
Council/Agency failed to receive the Minutes of the January 5, 2004 meeting on Friday, January 16,
2004. The Minutes appear as Item 16 on this evening's January 20th Agenda.
Please also note that the Minutes are in a different format. This configuration should be easier to follow
when working with the (FTR) Full Transcript Reporter. This format or something very similar will be
what will go in the permanent Minutes binders in the vault.
PREPARED BY: MARIAN V. COSGROVE
Town Clerk/Agency Secretary
MVC:mjr: TC:D13:TC012004
Reviewed by: aeAttorney~ anager Revised: 1/20104 2:35 pm
Re formatted: 10/23/99
4►
TOWN OF LOS GATOS
CALIFORNIA
TOWN COUNCIL/PARKING AUTHORITY
JOINT REDEVELOPMENT AGENCY
January 5, 2004/Minutes
Los Gatos Council Town Hall
110 E Main St. j
Time ACTION ON ITEM
7:00 PM
TOWN COUNCIL
The Town Council/Parking. Authority.tRedevelopment Agency of..the'
I.
-
Town of Los Gatos met in the Council Chambers of the Town Hall,
110 East Main Street, at 7:00 p.m., Monday, January 5, 2004, in joint
regular session.
701 PM ROLL CALL
Present: Sandy Decker, Diane McNutt Joe Pirzynski,
I (
Mike Wasserman and Mayor/Chairman Glickman.
Absent: None.
7:02 PM PLEDGE OF
The audience was invited to participate in the Pledge of Allegiance.
ALLEGIANCE
7:03 PM CLOSED SESSION
Town Attorney, Orry Korb, reported that Council had not met in
j
Closed Session this evening. (XX.28)
7:04 PM CONSENT ITEMS
CONSENT ITEMS
ITEM 1 j
Motion by Ms McNutt, seconded by Mr. Pirzynski, that Council.
accept and file informational report regarding currently scheduled
SCHEDULE OF
public hearings. (01.28)
PUBLIC HEARINGS
ITEM 2
Motion by Ms McNutt, seconded by Mr. Pirzynski, that Council
ratify the check register for payroll of November 23, 2003 through
;PAYROLL
December 6, 2003 paid on December 12, 2003 in the amount of
RATIFICATION FOR
$587,943.48. Carried unanimously. (02.V)
NOVEMBER AND
DECEMBER 2003
i
I
(ITEM 3
Motion by Ms McNutt, seconded by Mr. Pirzynski, that Council
ratify the accompanying check registers for accounts payable invoices
ACCOUNTS PAYABLE
! paid on December 5, 2003, December 12, 2003 and December 19,
RATIFICATION FOR
'
2003 in the amount of $1,505,753.79. Carried unanimously. (03.V)
NOVEMBER
E
Town Council Minutes
Redevelopment Agency
Time ITEM
'ITEM 4
i
~ I
COUNCIL MINUTES
DECEMBER 15, 2003
ITEM 5
MANAGEMENT
COMPENSATION
PLAN FOR 2003-2004
ITEM 6A
RESIDENCY
REQUIREMENTS
RESOLUTION 2004-02
ITEM 6B
j PARKS COMMISSION
ESTABLISHED
RESOLUTION 2004-03
ITEM 7 -
RESERVOIR ROAD
ITEM 8
PROJECT 0233B
ELECTRICAL WORK
SANTA CRUZ AVE.
RESOLUTION 2004-05
RESOLUTION
2004-OIRD
ITEM 9
AGENCY
ACCOUNTS PAYABLE
RATIFICATION FOR
NOVEMBER
January 5, 2004
Los Gatos, California
ACTION ON ITEM
Motion by Ms McNutt, seconded by Mr. Pirzynski, that Council;
approve the Minutes of December 15, 2003 (Study Session.) Carried
unanimously. (04.V)
Staff noted that this Item had been deferred to a later date. (05.2)
Motion by Ms McNutt, seconded by Mr. Pirzynski, that Council'
adopt Resolution 2004-02 entitled, RESOLUTION OF THE
TOWN OF LOS GATOS RESCINDING RESOLUTION 2002-
FOR MEMBERS OF SPECIFIC BOARDS AND
COMMISSIONS. Carried unanimously. (06A.12)
Motion by Ms McNutt, seconded by Mr. Pirzynski, that Council
adopt Resolution 2004-03 entitled, RESOLUTION OF THE
TOWN OF LOS GATOS RESCINDING RESOLUTION 2002-
Carried unanimously. (06B.12)
This Item was pulled. It will be discussed after the Public Hearings.
Motion by Ms McNutt, seconded by Mr. Pirzynski, that Council
adopt Resolutions 2004-05 & 2004-01RD entitled, RESOLUTION
OF THE TOWN COUNCIL AND REDEVELOPMENT
AGENCY OF THE TOWN, OF LOS GATOS 'ACCEPTING
WORK OF _CUPERTINO ELECTRIC AND AUTHORIZING
THE TOWN MANAGERIEXECUTIVE DIRECTOR TO
EXECUTE CERTIFICATE OF ACCEPTANCE AND 'NOTICE
OF COMPLETION FOR RECORDING BY THE TOWN
CLERK/SECRETARY OF THE REDEVELOPMENT
AGENCY. Carried unanimously. (08.27)
Motion by Ms McNutt, seconded by Mr. Pirzynsk, that the Agency
ratify the accompanying check registers for accounts payable invoices
paid on December 5, 2003, December 12, 2003 and December 19,
2003 in the amount of $290,340.81. Carried unanimously. (09.V)
ITEM 10 Motion by Ms McNutt, seconded by Mr. Pirzynski, that the Agency
approve the Minutes of Decmber 15, 2003 Study Session on the
AGENCY MINUTES ' Capital Improvement Program as submitted. Carried unanimously.
'DECEMBER 15, 2003
AAMM-01-05-04.doc 1/20/2004 2
Town Council Minutes January 5, 2004
Redevelopment Agency Los Gatos, California
1 Time ITEM ACTION ON ITEM
7:06 PM VERBAL Skateboard Park:
COMMUNICATIONS Donavan Dresti spoke in support of skateboarding. He asked
Council to reaffirm its support of establishing a skateboard park in
Town. Mayor Glickman asked that this subject be placed on the
j January 20, 2004 agenda. I
i
7:10 PM VERBAL
COMMUNICATIONS
7:15 PM OTHER BUSINESS
ITEM 16
ANIMAL CONTROL
SERVICES
i
(SVACA)
Skateboard Park:
Ray Davis asked that Council consider placing a skateboard park on
the old bus depot behind the post office. He also mentioned being
arrested for disturbing the peace in the Civic Center and said he would,
no longer salute the flag during the Council meetings until the present
Council has been changed. He then spoke on the safe routes to school
issue and noted the Shannon Road Los Gatos Boulevard crossing
area. He believes staff is taking too long to rectify the safety issues
identified at this location. Police Chief Seaman then addressed the
ongoing monitoring and actions being considered.
OTHER BUSINESS
ANIMAL CONTROL SERVICES (16.36)
Alana Forest, Police Captain, gave a report concerning the contract
negotiations between the Town and the City of San Jose, ; and the
proposals from SVACA. The conclusion of this work is that San
Jose's offer is more competitive and cost effective.
j Joe Pirzynski, Councilmember, spoke of the relatively small amount
of difference in cost between SVACA and San Jose in relation to the
j benefit of the Town owning equity in the final project and operations:!
of the SVACA proposal.
Ms Forest spoke of cost containment and the 1.5 CPA that is built
into the San Jose contract. She noted that SVACA on the other hand
does not have its facility built yet and the probability of cost increase
is far greater.
ITEM 16 SPEAKERS
'Speaker
;Speaker
(Speaker
The following people from the audience addressed this issue:
'Mark Zamudia spoke of location for the animal shelter and the
difficulty of accessing the San Jose shelter easily. He would prefer
the Santa Clara SVACA location. Staff noted that there is a similar
distance and time of operation between the two shelters.
Jane Kennedy spoke in support of SVACA and continuing to work
on reducing the costs for its operating expences.
Barbara Nesbit spoke in support of SVACA and the close
connection the West Valley Cities have had with each other as they've.'
worked on this JPA.
No one else from the audience addressed this issue.
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Town Council. Minutes
Redevelopment Agency
January 5, 2004
Los Gatos, California
T m M
ACTION ON ITEM
F
ITEM 16
Motion by Mrs. Decker, seconded by Ms Mc Nutt, that Council'
adopt Resolution 2004-08 entitled, RESOLUTION OF THE
ANIMAL CONTROL
TOWN OF LOS GATOS AUTHORIZING THE TOWN
SERVICES
MANAGER TO FINALIZE AND ENTER INTO AN
;MOTION I
AGREEMENT WITH THE CITY OF SNA JOSE FOR ANIMAL
CONTROL SERVICES and Town Manager to draft .letter to i
SVACA indicating that the Town of Los Gatos' intention to withdraw'
from the JPA by January 25, 2004, effective by June 30, 2004.
COUNCIL
Mr. Pirzynski spoke of maintaining local control on these services
COMMENTS
and of continued negotiations as the Town moves forward on
establishing its animal control services
COUNCIL
Mr. Wasserman, Ms McNutt and Mr. Glickman spoke of the cities
1 COMMENTS
dropping out of the JPA thereby increasing costs to the remaining
participants; asked for as many cost reductions as possible; Council
I
believes that as a customer the° Town can ask for the best services and 11
negotiate savings with the City of San Jose.
• ITEM 16
Carried by a vote of 4 ayes. Mr. Pirzynski voted no as reflected
MOTION
in Council Comments..
i CONCLUDED
i
PUBLIC HEARING
PUBLIC HEARING
7:50 PM ;ITEM 11
10 MONROE COURT/PLANNED DEVELOPMENT (11.15)
MONROE COURT ,
Mayor Glickman stated that this was the time and place duly noted
for public hearing to consider recommendation of the Planning
Commission for approval of a Planned Development to change the
zone from RM:120 to RM:12-20:PD to construct thress dwelling
units. No significant environmental impacts have been identified as a
result of this project and a Negative Declaration is recommended.
APN 529-09-026. Planned Development Application PD-01-2.
Negative Declaration ND01-14. Property Location: 10 Monroe
Court. Property Owner: David H. Pitzen. Applicant DHP Monroe
Investors LLC.
Bud Lortz, Community Development Director, gave an overview of
the history of this project. He noted that at this time the open space is
solely for the use of the owners in the planned development. He
spoke of the ADA requirements that would be necessary if the open
space was available to the general public.
Council Concerns: That all trees be protected and that the more
I vulnerable ones be. fenced during construction phase. That the Italian
Stone Pine be added to the protected trees listed on page 17. That
care will be given to the access of Ann Lamborn to her home during
construction work.
i. i
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Town Council Minutes January 5, 2004
Redevelopment Agency Los Gatos, California
Time I ITEM ACTION ON ITEM -1 i
8 Time PM I ITEM 11 SPEAKERS The following people from the audience addressed this issue:
,SPEAKER Stan Queen, Pacific Diversified, operations manager for the project,
spoke of the possibility of making the open space available to the
neighbors. He also noted that the heritage trees would be protected
during construction and that they would be mindful of Ms Lambom's
access route to her home.
SPEAKER
Jessie Prout thanked Council and staff for all their work and I
concerns. She would prefer the open space be limited to the'
neighbors and not be made available to the general public. She asked
f
that the heritage tree be protected and that open fencing be used so as
I
not to block the views. She asked that the plans for the homes not be
changed because they now meet with the neighbors approval.
8:20 PM ITEM 11
Mayor Glickman closed the public hearing.
!MONROE COURT
Council Consensus that council accept the report in the form of
meeting minutes from the Planning Commission regarding the
Planned Development at 10 Monroe Court
Motion by Mrs. Decker, seconded by Mr. Pirzynski, that Council
make the Negative Declaration as in Exhibit H of Attachment 8 of the
staff report. Carried unanimously.
Motion by Mrs. Decker, seconded by Mr. Pirzynski, that Council ;
adopt the Mitigation Monitoring Plan shown in Attachment 4. of the
staff report. Carried unanimously.
I
Motion by Mrs. Decker, seconded by Mr. Pirzynski, that Council'
approve the Planned Development Application PD-01-2 Carried'
unanimously.
Motion by Mrs. Decker, seconded by Mr. Pirzynski, that Council'
make the required findings as follows:
The Zone Change is consistent with the General Plan; For
I
! community benefit this project contributes to the further development
of the surrounding neighborhood improving circulation, providing
neighborhood unity, eliminating a blighted area and furthering the
quality of life; The project is designed in context with the
neighborhood with respect to existing scale and character; Corridor
lots may be considered if beneficial to surrounding neighborhood;
Applicant shall demonstrate the benefit of a Planned Development
through excellence in design; Applicant shall demonstrate strong
I community benefit; The Stone Pine tree shall be protected; there is a
restricted open space easement for access to creek and riparian habitat
for the homeowners in the planned development; fencing shall
remain open so public can view creek ; the designs will blend well
I
I with the neighborhood. Carried unanimously.
i
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Town Council Minutes
Redevelopment Agency
January 5, 2004
Los Gatos, California
Time ITEM ACTION ON ITEM
i
i F-1
I ITEM it continued Motion by Mrs. Decker, seconded by Mr. Pirzynski. To waive the i
reading of the Proposed Ordinance. Carried unanimously.
i TITLE READ The Town Clerk read the Title of the Proposed Ordinance.
'ITEM 11 Motion b
,
~ Y Y
Y
Introduce Proposed Ordinance entitled, ORDINANCE OF THE
I10 MONROE COURT
TOWN OF LOS GATOS AMENDING THE ZONING
ORDINANCE EFFECTING A ZONE CHANGE FROM RM:12-
FINAL MOTION
20 TO RM:12-20:PD AT 10 MONROE COURT. Carried
unanimously.
PUBLIC HEARING i
PUBLIC HEARING
j 8:35 PM ITEM 12
11 COLLEGE AVENUE/TAPESTRY RESTAURANT (12.15)
Mayor Glickman stated that this was the time and place duly noted
TAPESTRY
for public hearing to consider recommendation of the Planning
RESTAURANT i
Commission for approval to modify an existing Conditional Use
I COLLAGE AVENUE
Permit Application to expand from beer and wine to full liquor
i
service (Tapestry) on property zoned C-2. APN 529-29-052.
j
Conditional. Use Permit, U-04-6. Property Location: 11 College
Avenue. Property Owner: Dave Flick. Applicant: Tapestry
j
Restaurant.
Bud Lortz, Director of Community Development, gave an overview
of the proposal and recommendations from the staff report.
Council Comments: That this restaurant will not be considered as a
take out restaurant. That there will be no stand alone bar installed in
the restaurant. That outside diners will be able to receive a drink.
'ITEM 12
Gary Messick, % applicant, representing Tapestry, asked for the
opportunity to compete with other local restaurants that have been
~CDV Al V1r3
Mrs Decker seconded b Mr Pirz ski that Council
n
8:43 PM JTEM 12
'TAPESTRY
RESTAURANT
ITEM 12
11 COLLEGE AVENUE
FINAL MOTION
I
~ I
a11LJwGu lull 11LiUU1 SGiV1UC; W1L11 L11G11 1G5LdU1d11L6.
Mayor Glickman closed the public hearing.
Council Consensus that council accept the report in the form of
meeting minutes from the Planning Commission regarding a
modification of a Conditional Use Permit.
Motion by Mr. Pirzynski, seconded by Mr. Glickman, to approve the
application subject to the proposed conditions, making the required
findings in Attachment 1, and requiring that there shall be no
dedicated walk up counter for take out . Carried unanimously
A: \M M-01-05-04.doc 1/20/2004 6
Town Council Minutes
Redevelopment Agency
January 5, 2004
Los Gatos, California
Time ITEM
PUBLIC HEARING
i
8:46 !ITEM 13
WEED ABATEMENT
ITEM 13.
i
i I
8:48 PM ITEM 13 SPEAKERS
SPEAKER
i
I
1
SPEAKER
SPEAKER
ACTION ON ITEM
PUBLIC HEARING
HAZARDOUS VEGETATION/WEED ABATEMENT (13.33)
Mayor Glickman 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.
John Curtis, Director of Public Works, spoke of the history of this
annual program held in Los Gatos. ,
The following people from the audience addressed this issue:
Rebecca Roulette spoke of the requirements now being asked of her.
Over the years she has not been required to do these things. She also
noted the difficulty with access to her property.
Debbie Grover representative from the Fire Marshal's Office. and;'
Program, spoke of setting an appointment to go out to speak with Ms I
Roulette and explain to the owner how to control the fire hazards on
her property.
Curt Hansen spoke of having received notice to trim back his trees.
He asked if he was required to have permits to trim his trees. He will
meet with the Fire Marshal and Town arborist on the proper
procedures.
8:57 PM !ITEM 13 Mayor Glickman closed the public hearing.
WEED ABATEMENT
:ITEM 13 Motion by Mr Wasserman, seconded by Mr. Pirzynski, that Council
adopt Resolution 2004-06 entitled, RESOLUTION OF THE
WEED ABATEMENT I TOWN OF LOS GATOS OVERRULING OBJECTIONS AND
FINAL MOTION ORDERING ABATEMENT OF HAZARDOUS VEGETATION
(WEEDS) AS A PUBLIC NUISANCE. Carried unanimously.
8:58 PM ; PULLED ITEM PULLED ITEM
:ITEM 7 RESERVOIR ROAD/SUBDIVISION APPEAL (07.15)
Mayor Glickman stated that this was the time and place duly noted
RESERVOIR ROAD to consider adopting resolution granting an appeal of a Planning
Commission decision to deny an application to remove the existing
reservoir and facilities and a four lot subdivision on property zoned R-
1:20. No significant environmental impacts have been identified as a
I result of this project and a mitigated Negative Declaration is
recommended. Architecture & Site Application: S-01-77.
Subdivision Application: M-01-13. Negative Declaration: ND-01-11.
! Property Location: Reservoir Road. Property
Owner/Applicant/Appellant: San Jose Water Company
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iTown Council Minutes January 5, 2004
Redevelopment Agency Los Gatos, California
Time I ITEM ACTION ON ITEM
i
ITEM 7 CONTINUED RESERVOIR ROAD/SUBDIVISION APPEAL CONTINUED
ITEM 7
COUNCIL DISCUSSION AND CONSENSUS
* Los Gatos High School, Main Street Businesses and the residents
RESERVOIR ROAD j
along the route of travel for the construction trucks shall be notified
I
of all staging activities. They shall be considered in all dates of,
;STAFF AND COUNCIL
activities and timing for traffic.
DISCUSSION AND
CONSENSUS
* The specifics of easements, titles from property owners, and
contractural commitment associated with the sewer line dog leg north,
referred to as Alternative F, also Item 33 of the A&S Application ;
Conditions, and entering 10 Reservoir Road property needs to be
i
clarified and delineated further. Alternative F as described in the
December 15, 2003 Council-staff report.
!
* Fill is limited to 4,000 cubic yards maximum.
* Within the Subdivision Application and the A&S Application the i
words "subject to review and approval" rather than "shall be
I
approved" will be used throughout for consistency and clarity.
* Within the Subdivision Application, Conditions of Approval, in i
Paragraph 12,. speaking of "Guiding Light," reference the intent to be
"no more tree removal or larger building envelopes be allowed."
Within these directives there will be use of more substantive language
for direction to the applicants who will be processing their plans
through the Town's Planning regulations.
Within the Subdivision Application, Conditions of Approval, in
Paragraph 29, speaking of "a better estimate of the amount of import
material" could be made more specific in the estimates of the amount
of fill to be brought in. Same as in A&S Par.37.
i
* Within the Subdivision Application, Conditions of Approval, in
Paragraph 60, speaking `of the hours of transportation, the request is
again to contact the school for input. Rather than the suggested 2:25
to 2:45 for peak school traffic, it is suggested that 1:55 to 2:25 is the
time for the larger impact of traffic on Main Street. Rather than the
statement that the Town MAY choose to prohibit truck operations,
the statement should be that the Town WILL choose to prohibit truck
operations during the times of peak traffic impacts around the school.
Same to be reflected in A&S Par. 68.
* Staff is committed to offering a review of landscape, and grading
plans to the neighbors during this project. Council would like note of
the review cycles reflected in the resolution.
* Communications plan is exemplary. Flyers to be distributed to all
residents and businesses as too where, when and what is going on so
all have information to work with and plan around.
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Town Council Minutes
Redevelopment Agency
January 5, 2004
Los Gatos, California
Time ITEM
ACTION ON ITEM
ITEM 7 CONTINUED
SERVOIR RO
D/SUBDIVISION
EAL CONTINUED
P
RE
A
A
P
STAFF AND COUNCIL
COUNCIL DISCUSSION AND CONSENSUS
!DISCUSSION AND
* Geology and soils reports will be developed under the Architecture
CONSENSUS
and Site process when specific plans come forward for the newly f
j
formed building sites. The Hillside Standards will be the guidelines 1
through which the applicant will need to design the homes. Stepped
foundations and designs that fit the contour of the land will be 1
encouraged. Pier and beam construction to minimize cut and fill and
impact to the trees may be encouraged.
9:35 PM ,ITEM 7
The following people from the audience addressed this issue:
SPEAKERS
SPEAKER
Dennis McEvoy brought Council's attention to the desk item before
them this evening. He spoke for himself and Ms Kenkel noting the j
resident's concerns and the responses from staff. He addressed Items 1
~l
1, 2, 3, 10, 11, 12, and 13 specifically. These include large box
replacement trees; an effort to save tree #90; an attempt to provide
curb and gutter
system;
the o
1
a greater effort to notify
of f
cubic
.
ill as a maximum
Yards f 1~' Y
i
neighborhood of any considered changes in activities, priorities and
proposals.
SPEAKER
SPEAKER
' f
SPEAKER
SPEAKER
Art Bonner referred to the desk item, and asked how the four :
thousand cubic yards of fill was going to be engineered, what the
contour of the land would. be after it was placed, and how the amount
and placement of the fill was to be monitored.
Suzanne Cochrane would like Town to keep those concerned
notified of the progress of the project and informed about any new
information that concerns the development.
Eric Morely spoke of the developer working carefully with the
existing trees and in trying to preserve the canopy. He noted that
there would be some flexibility in the A&S process to evaluate the
sites and trees and explore design footprints that fit within the
topography of the land and the placement of the existing trees. The
process and plans can be reviewed by the neighbors and a method of
communications established for those who are impacted to be able
review and comment as considerations and planning proceed.
Ray Davis spoke of moving four thousand cubic yards out of the
reservoir and moving four thousand cubic yards of fill back in,
totaling eight thousand cubic yards to be trucked through the
community.
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Town Council Minutes
Redevelopment Agency
January 5, 2004
Los Gatos, California
Time
ITEM
ACTION ON ITEM '
j i ITEM 7
RESERVOIR. ROAD/SUBDIVISION APPEAL CONTINUED
SPEAKERS
Kevin Rohani,, Town engineer, addressed the geotechnical aspects of
CONTINUED
the development. Th'e're will be a full-time inspector assigned by the :
j I
Town available on site during all activities.
ITEM 7
COUNCIL DISCUSSION AND CONSENSUS
* A Communications Plan shall be implemented to afford public input
STAFF AND COUNCIL
at key opportunities, during remediation construction. This will
DISCUSSION AND
include the Landscaping and Grading Plans at strategic construction
CONSENSUS i
I
milestones.
* Tree #90 will be preserved at this time and cared for until such time
as approved construction plans are developed. At that time a decision
j
will be made by the Planning Commission as to the practicality of
keeping Tree #90.
j
* If there are design changes that can be handled by staff they will be,
minor and riot substantive. Fill is limited to a maximum of 4,000'
cubic yards. Any changes in grading or tree removal would be fully,
communicated and brought to the appropriate body for review and
approval:
* All additional review steps to be included as Conditions of
Approval.
j 10:30 11TEM 7
by Mr. Wasserman, seconded by Mr. Pirzynski, to approve
Motion
PM
.
the changes and directions discussed by Council this evening and
RESERVOIR ROAD
I have the resolution return to Council on January 20, 2004 for review
MOTION AND FINAL
and consideration by Council. Council to be assured that the
; .neighbors and affected parties have also had an opportunity to review
ACTION
' the changes before Council adoption of resolution. Carried
unanimously
OTHER BUSINESS
OTHER BUSINESS
10:40 ITEM 14
PM
NON-POINT SOURCE
(NPDES)
NON-POINT SOURCE PRESENTATION (14.40)
Mayor Glickman stated that this was the time and place duly noted
to consider introducing Ordinance amending Town Code Sections
22.30.010 and 22.30.035 to comply with the requirements of
Provision C.3 of the Town's NPDES Permit.
John Curtis, Parks and Public Works Director, gave an overview of
this annual program.
PRESENTATION BY ; Cheri Donnelly and Jack Lowell made a presentation to Council of
(NPDES) I the storm water program. They had a visual display which was shown
REPRESENTATIVES to Council and used as a classroom demonstration model. They work
i with the public and with business owners to educate about how
pollutants flow through the storm water system to the Bay
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Town Council Minutes January 5, 2004
Redevelopment Agency Los Gatos, California
Time ITEM
ACTION ON ITEM
ITEM. 14
NON-POINT SOURCE PRESENTATION CONTINUED
!NPDES CONTINUED
INTRODUCTION OF ORDINANCE
SPEAKER
Speaker, Ray Davis, spoke in the public interest.,
EXTEND THE Motion by Mr. Wasserman, seconded by Mr. Glickman, to extend
i MEETING PAST the Council meeting past mid-night. Carried unanimously.
MID-NIGHT I
ITEM 14 CONTINUED
Fno tion by Ms McNutt, seconded by Mr. Glickman, to waive the
ad ing of the Proposed Ordinance. Carried unanimously.
TITLE READ The Town Clerk read the Title of the Proposed Ordinance.
ITEM 14
Motion by Ms McNutt, seconded by Mr. Glickman, that Council
Introduce Proposed Ordinance entitled, ORDINANCE OF THE
NON-POINT SOURCE
TOWN OF LOS GATOS AMENDING TOWN CODE
(NPDES)
'
SECTIONS 22.30.010 AND 22.30.035 TO COMPLY WITH THE
~
REQUIREMENTS OF PROVISION C.3 OF THE TOWN'S
FINAL MOTION
NPDES PERMIT. Carved unanimously. i
OTHER BUSINESS
OTHER BUSINESS
11:10 ITEM 15 HILLSIDE DEVELOPMENT STANDARDS AND GUIDELINES
PM j Mayor Glickman stated that this was the time and place duly noted
HILLSIDE
to consider adopting resolution adopting the Hillside Development:
;DEVELOPMENT Standards and Guidelines. It has been determined that this project:
STANDARDS i 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)). File A-03-3 Applicant: Town of Los Gatos.
11:15 SPEAKERS
PM
SPEAKER
SPEAKER
Bud Lortz, Director of Community Development, gave a short
overview of the work the Planning Department and Hillside
committee have accomplished over the last year while working on
these standards and guidelines
The following people from the audience addressed this issue.
Ray Davis spoke of the need for additional work on this document
and asked that the report have a peer review before it is adopted.
Joe McCarthy, owner of the property, spoke of the history behind
this project and of the community benefits to the neighborhood. He
noted the new water line installed for protection against fire, which is
a benefit to the surrounding residential properties. He also spoke of
the emergency access fire road which runs through the Jesuit
property. He spoke of beginning his process over seven years ago and
of having completed extensive preliminary work which was necessary
before the plans for the homes could be submitted.
A:WM-01-05-04.doc1/20/2004 11
Town Council Minutes
Redevelopment Agency
January 5, 2004
Los Gatos,' California
Time ITEM
ACTION ON ITEM i
F
ITEM 15
HILLSIDE DEVELOPMENT STANDARDS AND GUIDELINES
CONTINUED
Speakers Continued:
SPEAKER
Tom O'Donnell representing McCarthy Land Co, spoke of the
removal of Guadalupe College from the hillside landscape and'
suggested that this undertaking deserves some credit. He asked for a
narrow exception to be applied in an equitable manner, that will not
override the intention of the hillside standards, to a project that has,
completed significant preliminary work on a proposed planned
development. He asked that the project be grandfathered and that
Council consider granting a variance.
11:25 ITEM 15
COUNCIL DISCUSSION AND CONSENSUS
i PM I
* There is a possibility to grant an exception to the maximum floor
STAFF AND COUNCIL
I
area ratio for any planned development' for which the subsequent
DISCUSSION AND
,
architecture and site applications have not yet been submitted.
CONSENSUS
* Council absolutely wants to protect the hillside viewshed from any
~
visible new structures that are constructed.
I
* The proposed document appears to set standards that will preserve
the beauty of our hillsides.
Council can adopt these standards and proceed to uphold these
i !
guidelines and still be able to work with an existing project, begun
under prior regulations but which as yet needs to proceed through the
architecture and site process.
* Council would like additional analysis on an established maximum
I square footage before a number is added to this document.
12:20 ;MODIFICATIONS TO
MODIFICATIONS TO THE HILLSIDE STANDARDS AND
AM THE DOCUMENT BY
GUIDELINES TO RETURN TO COUNCIL 01/20/04
COUNCIL
Page 05 Move Bullet 08 to Bullet 02: Bullet 08 acts as a forward to
the process and should be moved forward for that reason.
Page 13 Definition of "Visible Home" should be used within the text
of the document to allow the definition to be viable.
Page 17 Add a total amount to the section on grading
Page 24 Use of fire retardant landscaping around hillside structures.
A process inserted for Fire Marshal's Department review and sign off.
Page 30 The "Viewshed" is always determined from downtown Los
Gatos. There should be other sites within our Town for determining
the viewshed.
Page 35 There is a need for illustrating the thirty-five foot height
limit to show the possibility to step -the home into the topography.
I
Pages 37 & 4,1 Remove every other contour line in the illustrations
so it does not appear that we are encouraging building in areas that the
contours are that close.
A: \MM-01-05-04.doc 1/20/2004 12
Town Council Minutes
Redevelopment Agency
January 5, 2004
Los Gatos, California
Time ITEM
I
ACTION ON ITEM
iITEM 15
HILLSIDE DEVELOPMENT STANDARDS AND GUIDELINES!
CONTINUED
Modifications Continued:
Definition: "Slope" and "Maximum Slope" must be worked on.,
j
`Historically a 30% slope was considered a maximum but there is no,
consistent language in this document to reference this subject.
Page 29 The exclusion shall remain at 400 square feet for the garages.
12.30 i ITEM. 15
Motion by McNutt, seconded by Mr. Glickman, to approve the
AM
Hillside Development Standards and Guidelines as modified by:
j MOTION
Council comments and consensus and defer the adoption of resolution
i
to Tuesday, January 20, 2004.' Carried unanimously.
i
;ITEM 17
COUNCIL MATTERS
i
There were no reports given this evening.
ITEM 18
MANAGER MATTERS
I
There were no reports given this evening.
12:35 ';ADJOURNMENT
Mayor Glickman adjourned this evening's meeting at 12:35 AM.
AM
ATTEST:
Marian V. Cosgrove
Town Clerk
A: MM-01-05-04.doc1/20/2004 13