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M 07-10-00TOWN OF LOS GATOS CALIFORNIA TOWN COUNCIL/PARKING AUTHORITY JOINT REDEVELOPMENT AGENCY July 10, 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 7:39 p.m., Monday, July 10, 2000, in joint regular session. ROLL CALL Present:Randy Attaway, Linda Lubeck, Joe Pirzynski, and Chairman/Mayor Steve Blanton. Absent:Jan Hutchins. 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 54957 to discuss Public Employee Performance Evaluation in regards to Town Attorney: Orry Korb. No reportable action taken. Pursuant to Government Code Section 54957 to discuss Public Employee Appointment in regards to Town Manager. No reportable action taken. 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 1387 Maya Way White Tiger Dev.Design Review Approval/Two Conditions Carried by a vote of 4 ayes. Mr. Hutchins absent. COUNCIL CALENDAR OF MEETINGS/JULY-AUGUST 2000 (03.10) Informational item presenting future Town Meetings for Council and other Town Boards and Commissions for July and August 2000, was received and filed. RATIFICATION OF PAYROLL/JUNE 2000 (04.V) Motion by Mr. Pirzynski, seconded by Mr. Attaway, that Council ratify the check registers for the payroll of June 11, 2000 through June 24, 2000, paid on June 30, 2000, in the amount of TC:D11:MM071000 $386,659.83 Carried by a vote of 4 ayes. Mr. Hutchins absent. TC:D11:MM071000 Town Council Minutes July 10, 2000 Redevelopment Agency Los Gatos, California ACCOUNTS PAYABLE/RATIFICATION/JUNE 2000 (05.V) Motion by Mr. Pirzynski, seconded by Mr. Attaway, that Council ratify the accompanying check registers for accounts payable invoices paid on June 23, 2000, and June 30, 2000 in the amount of $578,667.34. Carried by a vote of 4 ayes. Mr. Hutchins absent. MINUTES OF MAY 31, 2000 (06A.V) Motion by Mr. Pirzynski, seconded by Mr. Attaway, that Council approve the Joint Town council/ Planning Commission Study Session Minutes of May 31, 2000 as submitted. Carried by a vote of 4 ayes. Mr. Hutchins absent. MINUTES OF JUNE 19, 2000 (06B.V) Motion by Mr. Pirzynski, seconded by Mr. Attaway, that Council approve the Minutes of June 19, 2000 as submitted. Carried by a vote of 4 ayes. Mr. Hutchins absent. ACTING AND INTERIM TOWN MANAGERS/RESOLUTION 2000-91 (07.V) Motion by Mr. Pirzynski, seconded by Mr. Attaway, that Council appoint James W. Piper as Acting Town Manager. Carried by a vote of 4 ayes. Mr. Hutchins absent. Motion by Mr. Pirzynski, seconded by Mr. Attaway, that Council adopt Resolution 2000-91 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH LES WHITE FOR INTERIM TOWN MANAGER SERVICES. Carried by a vote of 4 ayes. Mr. Hutchins absent. ALMA FIRE STATION/FUNDING PURCHASE/RESOLUTION 2000-92 (08.44) Motion by Mr. Pirzynski, seconded by Mr. Attaway, that Council adopt Resolution 2000-92 entitled, RESOLUTION OF THE TOWN OF LOS GATOS REQUESTING THE STATE OF CALIFORNIA PROVIDE FUNDING FOR THE PURCHASE OF THE CALIFORNIA DEPARTMENT OF FORESTRY’S ALMA FIRE STATION FACILITY AND ADOPT RESOLUTION OPPOSING THE CLOSURE OF THE ALMA FIRE STATION. Carried by a vote of 4 ayes. Mr. Hutchins absent. CUSTODIAL SERVICES/PROJECT 00-11/RESOLUTION 2000-93 (09.28) Motion by Mr. Pirzynski, seconded by Mr. Attaway, that Council accept proposal from Trend Building Services of San Jose, in the amount of $144,738.36 to provide contract custodial services in Fiscal Year 00-01. Carried by a vote of 4 ayes. Mr. Hutchins absent. Motion by Mr. Pirzynski, seconded by Mr. Attaway, that Council adopt Resolution 2000-93 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING EXECUTION OF AN AGREEMENT WITH TREND BUILDING SERVICES FOR PROJECT 00-11 - CONTRACT CUSTODIAL SERVICES. Carried by a vote of 4 ayes. Mr. Hutchins absent. TC:D11:MM071000 3 Town Council Minutes July 10, 2000 Redevelopment Agency Los Gatos, California CUSTODIAL SERVICES/PROJECT 00-11/RESOLUTION 2000-93/CONTINUED (09.28) Motion by Mr. Pirzynski, seconded by Mr. Attaway, that Council authorize the Town Manager to negotiate the sale of Town-owned custodial equipment with Trend Building Services.. Carried by a vote of 4 ayes. Mr. Hutchins absent. LINDA AVENUE 15941/RESIDENTIAL/RESOLUTION 2000-94 (10.09) Motion by Mr. Pirzynski, seconded by Mr. Attaway, that Council adopt Resolution 2000-94 entitled, RESOLUTION OF THE TOWN OF LOS GATOS DENYING AN APPEAL OF A PLANNING COMMISSION DECISION TO APPROVE A REQUEST TO DEMOLISH AND CONSTRUCT A NEW SINGLE FAMILY RESIDENCE ON PROPERTY PRE-ZONED R-1:8. Carried by a vote of 4 ayes. Mr. Hutchins absent. TRAFFIC RELIEF INITIATIVE/PRESENTATION (00.40) Mayor Blanton announced that a presentation would be made by a representative of the Silicon Valley Manufacturing Group in support of the Traffic Relief Initiative. Laura Shazynski, representing Silicon Valley Manufacturing Group, gave an overview of the proposal and its implications. She spoke regarding the need for community support to ensure the passage of the Traffic Relief Initiative, and noted how the funds would be allocated to extend BART to San Jose. VERBAL COMMUNICATIONS: BART Extension to San Jose: Mark Bult, 15391 Winchester Boulevard, spoke against the BART proposal, noting alternatives to the expensive proposal. He suggested reviewing standard rail at a quarter of the cost. He asked Council to delay support of the sale tax. Leonard Sullivan, resident, was not in favor of BART and would prefer light rail connected with Cal-trains. New Town Manager: Mike Abkin, 122 El Olivar, asked that Council wait until the new Council is in place before hiring the new Town Manager. He also suggested including the public in the process as was done during the hiring of the new Director of Community Development. Mayor Blanton noted that the process would incorporate the public as much as possible and move forward in a timely manner. Nina Court Appeal: Ray Davis, resident, spoke to land use issues regarding the appeal. TC:D11:MM071000 4 Town Council Minutes July 10, 2000 Redevelopment Agency Los Gatos, California HEARINGS GENERAL PLAN 2000/ENVIRONMENTAL IMPACT REPORT (11.46) Mayor Blanton announced that this was the time and place so noted for public hearing to consider adopting resolution certifying the final Environmental Impact Report and to consider adopting the General Plan 2000. The following people from the audience spoke to these issues: Greg Moss, 16788 Littlefield Lane, asked that the General Plan make note of the traffic issues on Los Gatos Boulevard between Kennedy and Shannon. He noted that traffic studies and mitigations are taking place on the west side of Town, but the east side of Los Gatos is being ignored. He spoke of the heavy impacts when the schools are in session and asked for some plan that would alleviate some of that pressure with staggered hours and traffic routing. Mike Abkin, 122 El Olivar, spoke of the widening of Los Gatos Boulevard between Lark and Highway 85. He believes that the contractual negotiations were for six lanes in this section of the Boulevard. He suggested four through lanes and two frontage lanes. He would also like more review of the height of the downtown buildings. He would not like to see all of the buildings remodeled to 45 foot heights. Gerry Mirassou, 145685 Oka Road, Bonnie View Mobile Home Park, questioned the land use designation for Mobile Home Parks. He opposed the proposed General Plan change to designate Mobile Home Parks as separate land use designations on the General Plan. This places another barrier to converting a Mobile Home Park to another use. Doug McNelly, 5476 San Felipe Road, specified the Mobile Home Park designation and noted that it was a late addition to the whole General Plan process. He spoke of his submittals to this process and his strong objection to this late change to the Plan. Jolie Houston, with Berliner Cohen, representing Subrato Interests, and addressing Vasona Research Park. Having just purchased this property, the owners were unaware of the change in zoning. She requested use of the original zoning since they are prepared to move forward with their proposals. They are asking for time to submit their proposed General Plan amendment with proposed text language for Council’s review. Staff believes this change can be made at the time of application. Ray Davis, resident, spoke of the EIR and the emergency plan for Lexington Dam. He asked that more specific wording be added to the General Plan. No one else from the audience addressed these issues. Motion by Mr. Attaway, seconded by Mrs. Lubeck, to continue the public hearing to July 17, 2000. Council can revisit some items and discuss others at that time. Council prefers to have full Council attendance before making a final decision. Carried by a vote of 4 ayes. Mr. Hutchins absent. TC:D11:MM071000 5 Town Council Minutes July 10, 2000 Redevelopment Agency Los Gatos, California HEARINGS CONTINUED FRANCIS OAKS WAY 15500/NEW RESIDENTIAL/APPEAL (12.09) Mayor Blanton announced that this was the time and place so noted for public hearing to consider an appeal of the decision of the Planning Commission to approve an Architecture and Site application to construct a new single family residence on property zoned HR-2½ . Project application PRJ-98-113. Property Location: 15500 Francis Oaks Way. Property Owner: Parkside Limited. Applicant/Appellant: T.H.I.S. Design. The following people from the audience addressed this issue: Mike Moffat, 15500 Francis Oaks Way, owner of property, stated that they have been working to change the design to meet the concerns of the Commission. Mr. Moffat explained that they have been conscience of the environment and addressed the concerns of the neighbors and granted easements. He requested approval of the project and removal of item 6 from the conditions which prohibits further subdivision of the property. Jolie Houston, Berliner Cohen, spoke to the issue of Condition #6 and asked for its removal. There did not seem to be any need for that requirement at this time. Lee McLaughlin, 15626 Francis Oaks Way, spoke of the narrow road, limited access, safety concerns and the continued addition of more housing and traffic. He asked that a limit to building be put on Francis Oaks Way, and that Council consider this street a growing neighborhood. He asked for a traffic impact study and an environmental impact report for this area. Diane McLaughlin, 15626 Francis Oaks Way, spoke of a legal settlement granting easements to the neighbors and approval of one home on the property. The property was sold, and the new owner claims to not have known about the restriction. Asked for denial of the application or at least postponement of the project until the cumulative impact study on Francis Oaks Way is completed. James McIlvain, 15331 Francis Oaks Way, asked for approval of the project and that Item 6 be removed from the conditions. Ray Davis, resident, spoke against the proposal. Tony Jeans, 170 Stacia Street, explained the technicalities of the project and the Motion by Mrs. Lubeck, to uphold the Planning Commission in approval of the house and remove Item #6 referring to subdivision.. Motion dies for lack of a second. Motion by Mr. Pirzynski, seconded by Mr. Attaway, finding that Council had received new information which was not before the Planning Commission, (the legal opinion of the Town Attorney regarding Item #6), to grant the appeal, remove Item #6 referring to subdivision, and remand to the Planning Commission for further evaluation. Commission to review the proposal in light of the possibility of the property being subdivided in the future, but the Commission is not to cause this project to wait for the Francis Oaks cumulative impact study report. Planning Commission to have ability to reassess this proposal. Carried by a vote of 3 ayes. Mr. Hutchins absent. Mrs. Lubeck voted no. TC:D11:MM071000 6 Town Council Minutes July 10, 2000 Redevelopment Agency Los Gatos, California BELMONT AVENUE 215/RESIDENTIAL REMODEL/REPORT (13.09) Mayor Blanton announced that this was the time and place so noted to consider a report on property at 215 Belmont Avenue. The following people spoke to the issue: Steve Sweeters, project architect, spoke of the complaints filed and the attempts to solve the problem by the contractors and architects. He spoke of consistency and fairness in application of the policies. Don Langley, owner of the property, asked that Council reverse the decision, and reinstate this project as an historic remodel. Seller of property spoke of how the buyers took over the project and were moving forward with the approved plans and asked that Council allow for reinstatement. Eric Raff, 211 Belmont, asked for a new application and a new rebuild, rather than reinstatement of a remodel and partial demolition. Ray Davis, resident, spoke of redevelopment improvement fees being lost in the process. Gary Schloh, 213 Bean Avenue, architect on the project, spoke of appropriate fees and approvals of all demolitions except for the rear work shed. The approvals were gained from Historic Preservation and from Planning. This project is scheduled for DRC review June 11, 2000 with a new application going forward at that time. No action was taken. Report was accepted and filed after discussion. PENINSULA OPEN SPACE TRUST/POST/$50,000 GRANT/BEAR CREEK REDWOODS (14.23) Mayor Blanton announced that this was the time and place so noted to consider a request by Mid- Peninsula Open Space Trust (POST) to grant $50,000 toward the purchase of 805 acres of Bear Creek Redwoods. The following people addressed this issue: Daphne Muehle, 300 Sand Hill Road, Peninsula Open Space Trust, spoke of the loan that was taken out to purchase this property and asked Council for a $50,000 grant to put toward that loan payment. She noted the $9,000,000 raised for this purchase and the 1½ million still needed to reach their goal. Joanne Rodgers, 15287 Top of the Hill Road, supported the grant request. Tracy Halgren, 104 University Avenue, spoke in support of the Bear Creek Redwoods acquisition. Pete Siemens, 69 Ellenwood, representing Mid-Peninsula Open Space District, supported the grant request, and commented on the beauty of the property in question. Mike Abkin, 122 El Olivar, spoke in support of the grant. Suzanne Muller, 135 Charles Street, spoke in support and has plans to hike there. Lee Quintana, 5 Palm Avenue, supported the grant proposal for this acquisition. Lee Fargot, 845 Lilac Way, supported the grant and the fact that it would be receiving matching funds. TC:D11:MM071000 7 Town Council Minutes July 10, 2000 Redevelopment Agency Los Gatos, California Sherri Lewis, 59-B, N. Santa Cruz Ave, spoke of the community benefit this acquisition brings. PENINSULA OPEN SPACE TRUST/POST/CONT. Speaker continued: Ray Davis, resident, spoke concerning a park dedication fee on new development and asked why our town did not have that fee in place. Mr. Davis pledged his $250 toward this acquisition. Motion by Mr. Attaway, seconded by Mr. Blanton, to grant $50,000 to Peninsula Open Space Trust (POST) toward the purchase of 805 acres of Bear Creek Redwoods. Carried by a vote of 3 ayes. Mr. Hutchins absent. Mrs. Lubeck voted no with the following comment: Many in the community are not present tonight who may have voiced their opinion to allocate these funds in a different manner; A large portion of this $400,000 open space fund has been set aside for the specific purpose of maintaining open space in Los Gatos; and she thought the acquisition of Alma Fire Station and its land would serve a better purpose. COUNCIL/AGENCY MEETING SCHEDULE (15.10) Motion by Mr. Attaway, seconded by Mrs. Lubeck, to amend Town Council/Redevelopment Agency Meeting Schedule for 2000-2001 Fiscal Year setting study session for September 11, 2000 to review redevelopment project funding. Carried by a vote of 4 ayes. Mr. Hutchins absent COUNCIL COMMITTEE REPORT (16.10) Mr. Attaway noted he would be attending the VTA meeting this Thursday, and would take the Council’s comments with him. Mrs. Lubeck and Mr. Blanton favor the ballot issue as it relates to process. The people will make a determination as to whether or not they want BART or other alternative modes of transportation. Mr. Pirzynski and Mr. Attaway believed more study was needed on the valley transportation issue, and dissension has arisen between the agencies, and the ballot issue may not be strong enough on its own without united efforts behind it. ADJOURNMENT Motion by Mr. Attaway, seconded by Mr. Pirzynski, to adjourn this evening's meeting at 10:16 p.m. Carried by a vote of 4 ayes. Mr. Hutchins absent. ATTEST: Marian V. Cosgrove Town Clerk TC:D11:MM071000 8