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M 05-01-00TOWN OF LOS GATOS CALIFORNIA TOWN COUNCIL/PARKING AUTHORITY JOINT REDEVELOPMENT AGENCY May 1, 2000/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 7:40 p.m., Monday, May 1, 2000, in joint regular session. ROLL CALL Present:Randy Attaway, Jan Hutchins, Linda Lubeck, Joe Pirzynski and Mayor/Chairman Steve Blanton. Absent:None. PLEDGE OF ALLEGIANCE Given by all in attendance. CLOSED SESSION Town Attorney, Orry Korb, reported that Council had met in Closed Session prior to this evening’s meeting pursuant to Government Code Section 54956.9(a) to discuss Existing Litigation. York vs. Town of Los Gatos; Workers Compensation claims Nos. SJO 215239, 215240, 215242. There was no reportable action taken. Pursuant to Government Code Section 54956.9(b) to discuss Anticipated Litigation, regarding significant exposure to litigation concerning a contemporaneous record made available for public inspection pursuant to Section 54957.5. There was no reportable action taken. APPOINTMENTS/PLANNING COMMISSION (00.20) Council Consensus to continue the appointments to the Planning Commission until after the Council/Planning Commission Joint Meeting to be held May 31, 2000. PRESENTATION/ARTS COMMISSION/AMIE GILLCRIST (XX.20) Mayor Blanton noted that the Town had a Commendation to present to Amie Gillcrist for her years of service on the Arts Commission and noted that she will receive her commendation at a latter date. SCHEDULE OF PUBLIC HEARINGS (01.01) Informational report regarding currently scheduled public hearings was received and filed. COUNTY REFERRALS (02.47) Motion by Mr. Pirzynski, seconded by Mr. Attaway, that Council accept the report concerning County Referrals: NUMBER LOCATION APPLICATION REQUEST RECOMMENDATION TC:D11:MM050100 4720 16830 Sheldon Road Crafford Design Review Approval/One Condition TC:D11:MM050100 Town Council Minutes May 1, 2000 Redevelopment Agency Los Gatos, California Carried unanimously. TC:D11:MM050100 3 Town Council Minutes May 1, 2000 Redevelopment Agency Los Gatos, California COUNCIL CALENDAR OF MEETINGS (03.10) Informational item presenting future Town Meetings for Council and other Town Boards and Commissions was received and filed as it appeared in the desk item this evening. RATIFICATION OF PAYROLL/APRIL 2000 (04.V) Motion by Mr. Pirzynski, seconded by Mr. Attaway, that Council ratify the check registers for the payrolls of April 2, 2000 through April 15, 2000, paid on April 21, 2000, in the amount of $394,002.93. Carried unanimously. ACCOUNTS PAYABLE/RATIFICATION/APRIL 2000 (05.V) Motion by Mr. Pirzynski, seconded by Mr. Attaway, that Council ratify the accompanying check registers for accounts payable invoices paid on April 14, 2000, and April 21, 2000 in the amount of $869,493.75. Carried unanimously. JOINT MINUTES OF APRIL 17, 2000 (06A.V) Motion by Mr. Pirzynski, seconded by Mr. Attaway, that Council approve the Minutes of April 17, 2000 Joint Council/Agency Study Session as submitted. Carried unanimously. MINUTES OF APRIL 17, 2000 (06B.V) Motion by Mr. Pirzynski, seconded by Mr. Attaway, that Council approve the Minutes of April 17, 2000 regular meeting as submitted. Carried unanimously. TREASURER’S REPORT (07.V) Informational report submitted by the Treasurer to the Council for the month ended February 29, 2000 was received and filed. STREET REHABILITATION PROGRAM (08.28) Motion by Mr. Pirzynski, seconded by Mr. Attaway, that Council accept and file report regarding the Town’s Street Rehabilitation Program. Carried unanimously. BLACKWELL DRIVE BENEFIT ZONE/FY 2000-2001/RESOLUTION 2000-36 (09.23) Motion by Mr. Pirzynski, seconded by Mr. Hutchins, that Council adopt Resolution 2000-36 entitled, RESOLUTION OF THE TOWN OF LOS GATOS OF INTENT TO LEVY AND COLLECT ASSESSMENTS FOR FISCAL YEAR 2000-2001 IN LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT #1 - BLACKWELL DRIVE BENEFIT ZONE, AND TO SET PUBLIC MEETING AND PUBLIC HEARING TO CONSIDER THE PROPOSED ASSESSMENTS. Public Hearing to be held June 5, 2000. Carried unanimously. HILLBROOK BENEFIT ZONE/FY 2000-2001/RESOLUTION 2000-37 (10.23) Motion by Mr. Pirzynski, seconded by Mr. Hutchins, that Council adopt Resolution 2000-37 entitled, RESOLUTION OF THE TOWN OF LOS GATOS OF INTENT TO LEVY AND COLLECT ASSESSMENTS FOR FISCAL YEAR 2000-2001 IN LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT #1 - HILLBROOK BENEFIT ZONE, AND TO SET PUBLIC MEETING AND PUBLIC HEARING TO CONSIDER THE PROPOSED ASSESSMENTS. Public Hearing to be held June 5, 2000. Carried unanimously. TC:D11:MM050100 4 Town Council Minutes May 1, 2000 Redevelopment Agency Los Gatos, California KENNEDY MEADOWS BENEFIT ZONE/FY 2000-2001/RESOLUTION 2000-38 (11.23) Motion by Mr. Pirzynski, seconded by Mr. Hutchins, that Council adopt Resolution 2000-38 entitled, RESOLUTION OF THE TOWN OF LOS GATOS OF INTENT TO LEVY AND COLLECT ASSESSMENTS FOR FISCAL YEAR 2000-2001 IN LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT #1 - KENNEDY MEADOWS BENEFIT ZONE, AND TO SET PUBLIC MEETING AND PUBLIC HEARING TO CONSIDER THE PROPOSED ASSESSMENTS. Public Hearing to be held June 5, 2000. Carried unanimously. SANTA ROSA HEIGHTS BENEFIT ZONE/FY 2000-2001/RESOLUTION 2000-39 (12.23) Motion by Mr. Pirzynski, seconded by Mr. Hutchins, that Council adopt Resolution 2000-39 entitled, RESOLUTION OF THE TOWN OF LOS GATOS OF INTENT TO LEVY AND COLLECT ASSESSMENTS FOR FISCAL YEAR 2000-2001 IN LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT #1 - SANTA ROSA HEIGHTS BENEFIT ZONE, AND TO SET PUBLIC MEETING AND PUBLIC HEARING TO CONSIDER THE PROPOSED ASSESSMENTS. Public Hearing to be held June 5, 2000. Carried unanimously. VASONA HEIGHTS BENEFIT ZONE/FY 2000-2001/RESOLUTION 2000-40 (13.23) Motion by Mr. Pirzynski, seconded by Mr. Hutchins, that Council adopt Resolution 2000-40 entitled, RESOLUTION OF THE TOWN OF LOS GATOS OF INTENT TO LEVY AND COLLECT ASSESSMENTS FOR FISCAL YEAR 2000-2001 IN LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT #1 - VASONA HEIGHTS BENEFIT ZONE, AND TO SET PUBLIC MEETING AND PUBLIC HEARING TO CONSIDER THE PROPOSED ASSESSMENTS. Public Hearing to be held June 5, 2000. Carried unanimously. GEMINI COURT BENEFIT ZONE/FY 2000-2001/RESOLUTION 2000-41 (14.23) Motion by Mr. Pirzynski, seconded by Mr. Hutchins, that Council adopt Resolution 2000-41 entitled, RESOLUTION OF THE TOWN OF LOS GATOS OF INTENT TO LEVY AND COLLECT ASSESSMENTS FOR FISCAL YEAR 2000-2001 IN LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT #2 - GEMINI COURT BENEFIT ZONE, AND TO SET PUBLIC MEETING AND PUBLIC HEARING TO CONSIDER THE PROPOSED ASSESSMENTS. Public Hearing to be held June 5, 2000. Carried unanimously. SKY LANE #3/ANNEXATION/REORGANIZATION/RESOLUTION 2000-42 (15.14) Motion by Mr. Pirzynski, seconded by Mr. Attaway, that Council adopt Resolution 2000-42 entitled, RESOLUTION OF THE TOWN OF LOS GATOS RESCINDING RESOLUTION 2000-15 AND ORDERING THE REORGANIZATION OF CERTAIN UNINHABITED TERRITORY DESIGNATED AS SKY LANE #3 (14725 Sky Lane) TO THE TOWN OF LOS GATOS. Carried unanimously. ADA ACCESSIBILITY UPGRADES/BLOSSOM HILL/FORBES MILL/TAIT/RESO 2000-43 (16.35) Motion by Mr. Pirzynski, seconded by Mr. Attaway, that Council adopt Resolution 2000-43 entitled, RESOLUTION OF THE TOWN OF LOS GATOS APPROVING PLANS AND TC:D11:MM050100 5 Town Council Minutes May 1, 2000 Redevelopment Agency Los Gatos, California SPECIFICATIONS FOR ADA ACCESSIBILITY UPGRADES - PROJECT 00-16 BLOSSOM HILL PARK FACILITIES - PROJECT 00-25 FORBES MILL MUSEUM IMPROVEMENTS - PROJECT 00-33 TAIT MUSEUM IMPROVEMENTS - AND AUTHORIZE THE CLERK TO ADVERTISE FOR BIDS. Carried unanimously. TC:D11:MM050100 6 Town Council Minutes May 1, 2000 Redevelopment Agency Los Gatos, California VERBAL COMMUNICATIONS San Francisco Nat’l Airport Flight Pattern Bob Rice, 150 Wooded View Drive, spoke about the proposed flight pattern for air traffic from San Francisco National Airport, and requested Council’s support in stopping the attempt to route the aircraft over Los Gatos. Douglas Rice, 58 Alpine Ave., enumerated the meetings that are now taking place regarding this issue and asked that Council attend or send representatives to these meetings. Traffic Calming on Johnson Avenue Sharon Litvinoff, 212 Johnson Avenue, spoke about the speeding on her street and asked for further measures to control the unsafe conditions, specifically enforcement. Street Paving on Mulberry Christy Ross, 14264 Mulberry Drive, noted the unsafe conditions on her street and the concerns of the neighborhood regarding the continuing deterioration. Local Government: Ray Davis, resident, spoke in general about local government. HEARINGS ANIMAL CONTROL SERVICES/RESOLUTION 2000-44/HEARING (18.09) Mayor Blanton stated that this was the time and place duly noted for public hearing to consider a resolution of the Town Council of the Town of Los Gatos electing to comply with certain animal holding periods set forth under state law in effect on June 30, 1999, pursuant to the terms of AB1482 (Alquist) holding periods set forth in Chapter 752 of Statutes of 1998 of the State of California. There was no one from the audience to speak to this issue. Motion by Mr. Attaway, seconded by Mr. Pirzynski, to close the public hearing. Carried unanimously. Motion by Mr. Attaway, seconded by Mr. Pirzynski, that Council adopt Resolution 2000-44 entitled, RESOLUTION OF THE TOWN OF LOS GATOS ELECTING TO COMPLY WITH CERTAIN ANIMAL HOLDING PERIODS SET FORTH UNDER STATE LAW IN EFFECT ON JUNE 30, 1999, PURSUANT TO THE TERMS OF AB1482 (ALQUIST) HOLDING PERIODS SET FORTH IN CHAPTER 752 OF STATUTES OF 1998 OF THE STATE OF CALIFORNIA, AND AUTHORIZING THE TOWN MANAGER TO TAKE ANY ACTIONS TO EFFECT THIS ELECTION AND THE ACTIONS CONTEMPLATED UNDER THIS RESOLUTION. Carried unanimously. LOS GATOS BOULEVARD 14801/BURTON ROAD 16185/SERVICE STATION/APPEAL (19.09) Mayor Blanton stated that this was the time and place duly noted for public hearing to consider appeal of Planning Commission decision denying a zone change from R-1:8 to CH, a Negative Declaration, an Architecture and Site Application, and a Conditional Use Permit to demolish a service station and single family residence to construct a new service station with a convenience store and carwash. Development Application DEV-98-010. Project Application PRJ- TC:D11:MM050100 7 Town Council Minutes May 1, 2000 Redevelopment Agency Los Gatos, California 98-213. Negative Declaration ND-98-0017. Property Location: 14801 Los Gatos Boulevard and 16185 Burton Road. Property Owners/Appellant: William Errico & Dennis Chegwin, Eugene Gonzales, Trustee. Applicant: Service Station Properties. TC:D11:MM050100 8 Town Council Minutes May 1, 2000 Redevelopment Agency Los Gatos, California HEARINGS CONTINUED LOS GATOS BOULEVARD 14801/BURTON ROAD 16185/SERVICE STATION/CONT: The following people from the audience addressed this issue: William Errico, 236 University Avenue, spoke of the history of the project, and the need for a gas station in that location. Roger Griffin, 405 Alberto Way, Paragon Design Group, architect for the project, explained the traffic flow with the project in place. Pat Connell, Burton Road resident, opposed the project. Kathleen King, 20880 Canyon view Drive, Saratoga, did not support this project and asked that the area be zoned to support hospital use. Richard Fox, M.D., 211 Glen Ridge Avenue, asked that the area be zoned for hospital use to support a children’s hospital in the future, and asked that the General Plan be completed before decisions are made for development in this area.. Dr. Taughinbaugh, 16190 Green Wood Road, supported the gas station in this location. Rick Becker, 356 Bean Ave, supported a gas station and restaurant at this location. Gary Webb, 100 Smith Creek Drive., supported the project. Jim Richards, 108 Kilmer Avenue, Campbell, Cambrian Council, spoke against any concentrated use in this location for safety reasons. Paul Dubois, 340 University Ave, asked that the General Plan be completed before any more development be allowed in this section of town. Mark Brodsky, 17306 Grosvenor, spoke against the project and for completion of the General Plan. Bryan Lasecke, 225 Edelen Avenue, approved the concept but asked that the General Plan be approved before any more building takes place on that portion of Los Gatos Blvd. Tracy Garaghan, 16245 Burton Road, is against any more development at this location. Jim Grant, 14685 Oka Road, supported the proposal. Jack Balletto, 2 N. Santa Cruz, #203, spoke in support of the proposal. Joe Talamante Jr., 1635 Petri Place, spoke in support of the proposal. Ray Davis, resident, opposed the project. No one else from the audience addressed this issue. Motion by Mr. Attaway, seconded by Mr. Pirzynski, to close the public hearing. Carried unanimously. Motion by Mr. Hutchins, seconded by Mr. Pirzynski, to deny the zoning application as recommended by the Planning Commission and to deny the appeal. Carried by a vote of 3 ayes. Mrs. Lubeck and Mr. Blanton voted no believing that this was a project that was well designed and fit appropriately in this location. HILLSIDE VEGETATION REMOVAL (20.22) The following people in the audience addressed this issue: David Weissman, 15431 Francis Oaks Way, asked to be included in the process as policy and ordinance is formulated. Ray Davis, resident, supported the committee process. Diane McLaughlin, 15626 Francis Oaks Way, asked to be included in the committee process. Motion by Mr. Attaway, seconded by Mr. Hutchins, to accept and file the report as submitted and complete the General Plan review before anything further is done on this subject. Carried by a vote of 4 ayes. Mr. Blanton voted no and supported the idea of a hillside committee. FERRIS AVENUE 16548/MONTESSORI SCHOOL/FAITH LUTHERAN CHURCH/ (15.09) TC:D11:MM050100 9 Town Council Minutes May 1, 2000 Redevelopment Agency Los Gatos, California Mayor Blanton stated that this was the time and place duly noted to consider adopting resolution granting appeal of the Planning Commission decision denying a request for modification to a Conditional Use Permit to operate a Montessori School in conjunction with an existing church on properties zoned R-1:8 and prezoned R-1:8. Project Application PRJ-99-082. Property Location: 16548 Ferris Avenue. Property Owner: Faith Lutheran Church. Applicant: Mariposa Montessori. Appellant: Joanne Varni (President Mariposa Montessori). The following people from the audience spoke to this issue: Cathie Keirans, 16573 Ferris Ave, reaffirmed the substantial increase in traffic caused by the pre- school in this location and asked Council to reevalute its decision. Diana Lackey, 16901 Spencer Avenue, asked for implementation and assessment of traffic calming measures before the school is considered and an annual review of the school’s compliance to traffic mitigation methods. Joanne Varni, 16566 Topping Way, asked for Council’s support of the school. Leigh Anne Rooney, 16300 South Kennedy Road, spoke of the school’s participation in traffic calming and traffic mitigation practices. Walt Keirns, 16573 Ferris Avenue, noted that the traffic calming that has been put into operation so far does not seem to be working and he would like to see everything in place and operating before the school is allowed to move forward. Lenore Grant, 128 Belglen Way, noted that the approval of the school has caused the traffic calming methods to be implemented in this neighborhood. Dennis Yost, 16615 Ferris Avenue, asked that the no truck signs be enforced in the neighborhood and that the traffic calming measures be reviewed over time to see how they and the school are working. Ray Davis, resident, spoke about government in general. Laura Ericsson, 16929 Kennedy Road, asked that traffic calming methods be in place before decision is made on this issue. Leslie Hench, 16469 Farley Road, asked that the school be supported and the Council uphold its decision. No one else addressed this issue. Motion by Mr. Hutchins, seconded by Mr. Pirzynski, that Council adopt Resolution 2000-45 entitled, RESOLUTION OF THE TOWN OF LOS GATOS GRANTING AN APPEAL OF THE PLANNING COMMISSION DECISION DENYING A REQUEST FOR MODIFICATION TO A CONDITIONAL USE PERMIT TO OPERATE A MONTESSORI SCHOOL IN CONJUNCTION WITH AN EXISTING CHURCH ON PROPERTIES ZONED R-1:8 AND PREZONED R-1:8. Carried by a vote of 3 ayes. Mrs. Lubeck and Mr. Attaway voted no for reasons stated in prior record. Motion by Mrs. Lubeck, seconded by Mr. Pirzynski, that staff return two reports to Council: regarding the results of the initiated traffic calming methods in this neighborhood after a period of six months of them being in effect and excluding the traffic circles from the report; and the results of the traffic issues after the school has been open for six months and initiating its own traffic calming practices. Carried unanimously. TC:D11:MM050100 10 Town Council Minutes May 1, 2000 Redevelopment Agency Los Gatos, California COLLEGE AVENUE 300/NOVITIATE/GENERAL PLAN AMENDMENT/ORDINANCE ZONE CHANGE FROM HILLSIDE RESIDENTIAL TO OPEN SPACE (22.46) Mayor Blanton stated that this was the time and place duly noted for public hearing to consider approval of : a) General Plan Amendment, GP-99-1, from Hillside Residential to Open Space; and b) Zone Change from HR- 2½ to RC. General Plan Amendment GP- 99-1. Zone Chang Application Z-99-1. Property Location: 300 College Avenue. Property Owner: California Province of the Society of Jesus. Applicant: Ruth & Going, Inc. The Town Clerk read the Title of the Draft Ordinance. Motion by Mrs. Lubeck, seconded by Mr. Hutchins, to waive the reading. Carried unanimously. Motion by Mrs. Lubeck, seconded by Mr. Hutchins, that Council introduce the Draft Ordinance entitled, AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONING MAP FROM HR 2 ½ TO RC - PROPERTY LOCATED AT 300 COLLEGE AVENUE. Carried unanimously. SENIOR TASK FORCE /REPORT (23.19) John Lochner, 150 Creffield Heights, spoke to Council regarding services for senior citizens in Los Gatos. He also noted the need for a dedicated adult center in our community. Motion by Mr. Attaway, seconded by Mr. Pirzynski, that Council refer the report to the Community Services Commission for comment and refer to the Town Manager for consideration in the Fiscal Year 2000/01 operating budget. Carried unanimously. STORM DRAIN IMPROVEMENTS/RESOLUTION 2000-46 (17.35) Motion by Mrs. Lubeck, seconded by Mr. Pirzynski, that Council adopt Resolution 2000-46 entitled, RESOLUTION OF THE TOWN OF LOS GATOS APPROVING PLANS AND SPECS FOR: PROJECT 00-12; HOLLYWOOD/YOSEMITE/WHEELER STORM DRAIN CONSTRUCTION PROJECT 00-34; HERNANDEZ STORM DRAIN CONSTRUCTION PROJECT 00-36; LORA DRIVE STORM DRAIN CONSTRUCTION PROJECT 00-39; BACHMAN STORM DRAIN CONSTRUCTION AND AUTHORIZE THE TOWN CLERK TO ADVERTISE FOR BIDS. Carried unanimously. COUNCIL/AGENCY MEETING SCHEDULE (24.V) Motion by Mrs. Lubeck, seconded by Mr. Hutchins, to amend Town Council/Redevelopment Agency Meeting Schedule for 1999-2000 canceling the May 15, 2000 Town Council/Redevelopment Agency meeting and scheduling joint meeting with the Planning Commission on Wednesday, May 31, and schedule General Plan hearings on June 26 and July 10. Carried unanimously. Council/Agency Consensus to spend 15 minutes on the number of Planning Commissioners and 45 minutes on the subject of Design Review at the May 31, 2000 Joint Planning Commission/Town Council Study Session. COUNCIL REPORTS (25.10) Mr. Attaway spoke regarding making a decision on the parking structure. Council Consensus to place on the agenda as soon as possible. ADJOURNMENT Motion by Mr. Hutchins, seconded by Mr. Pirzynski, to adjourn this evening's meeting at 10:47 TC:D11:MM050100 11 Town Council Minutes May 1, 2000 Redevelopment Agency Los Gatos, California p.m. Carried unanimously. ATTEST:Marian V. Cosgrove, Town Clerk TC:D11:MM050100 12