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M 04-17-00TOWN OF LOS GATOS CALIFORNIA TOWN COUNCIL/PARKING AUTHORITY JOINT REDEVELOPMENT AGENCY April 17, 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, April 17, 2000, in joint regular session. ROLL CALL Present:Randy Attaway, Linda Lubeck, Joe Pirzynski, and Mayor/Chairman 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 54957.6 to discuss Labor Negotiations. Lead Town Negotiator: David W. Knapp, Town Manager: Town Employees’ Association (TEA). Council gave direction. There was no reportable action taken. PRESENTATION/ARTS COMMISSION/GILLESPIE-GREENBERG (XX.20) Mayor Blanton presented a Commendation from the Town to Mary Gillespie-Greenberg for her years of service on the Arts Commission. Ms. Gillespie-Greenberg was present to receive her commendation and thanked the Town for the opportunity to have served. SCHEDULE OF PUBLIC HEARINGS (01.01) Informational report regarding currently scheduled public hearings was received and filed. PLANNING COMMISSION/PLANNING DEPARTMENT MONTHLY STATUS REPORT (02.46) Informational report regarding activity of Planning Commission and Department was received and filed. RATIFICATION OF PAYROLL/MARCH-APRIL 2000 (04.V) Motion by Mr. Pirzynski, seconded by Mr. Attaway, that Council ratify the check registers for the payrolls of March 19, 2000 through April 2, 2000, paid on April 7, 2000, in the amount of $398,759.02. Carried by a vote of 4 ayes. Mr. Hutchins absent. ACCOUNTS PAYABLE/RATIFICATION/MARCH-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 March 31, 2000, and April 7, 2000 in the amount of $215,279.76. Carried by a vote of 4 ayes. Mr. Hutchins absent. TC:D11:MM022200 Town Council Minutes February 22, 2000 Redevelopment Agency Los Gatos, California MINUTES OF APRIL 3, 2000 (06.V) Motion by Mr. Pirzynski, seconded by Mr. Attaway, that Council approve the Minutes of April 3, 2000 Town Council/Redevelopment Agency Meeting as submitted. Carried by a vote of 4 ayes. Mr. Hutchins. FRIENDS OF THE LOS GATOS PUBLIC LIBRARY (07.44) Motion by Mr. Pirzynski, seconded by Mr. Attaway, that Council accept donation of $8,000 from the Friends of the Los Gatos Public Library. Carried by a vote of 4 ayes. Mr. Hutchins absent. CERTIFIED LOCAL GOVERNMENT ANNUAL REPORT FOR 1999 (08.05) Motion by Mr. Pirzynski, seconded by Mr. Attaway, that Council accept and file the annual report of the Town's historic preservation activities, or the Certified Local Government Annual Report for 1999. Carried by a vote of 4 ayes. Mr. Hutchins absent. LOS GATOS BLVD 14801/BURTON ROAD 16185/SERVICE STATION (10.09) Motion by Mr. Pirzynski, seconded by Mr. Attaway, that Council accept report from Planning Commission recommending denial of Development Application DEV-98-010, Negative Declaration ND-98-0017 and Architecture and Site Application and Conditional Use Permit PRJ-98-213. Carried by a vote of 4 ayes. Mr. Hutchins absent. SPECIAL MUNICIPAL ELECTION OF MARCH 7, 2000/RESOLUTION 2000-30 (11.14) Motion by Mr. Pirzynski, seconded by Mr. Attaway, that Council adopt Resolution 2000-30 entitled, RESOLUTION OF THE TOWN OF LOS GATOS DECLARING RESULTS OF THE SPECIAL MUNICIPAL ELECTION OF MARCH 7, 2000. Carried by a vote of 4 ayes. Mr. Hutchins absent. PARKING MANAGEMENT PLAN/TIM WARE CONSULTANT/RESOLUTION 2000-31 (12.40) Motion by Mr. Pirzynski, seconded by Mr. Attaway, that Council adopt Resolution 2000-31 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO EXECUTE AN AGREEMENT WITH TIM WARE, FOR PARKING MANAGEMENT CONSULTANT SERVICES. Carried by a vote of 4 ayes. Mr. Hutchins absent. VACATION RIGHT OF WAY/220 EAST MAIN & VILLA/RESOLUTION 2000-32 (13A.09) Motion by Mr. Pirzynski, seconded by Mr. Attaway, that Council adopt Resolution 2000-32 entitled, RESOLUTION OF THE TOWN OF LOS GATOS ORDERING THE VACATION OF EXCESS PUBLIC STREET RIGHT-OF-WAY ON VILLA AVENUE ADJACENT TO THE PROPERTY LOCATED AT 220 EAST MAIN STREET (APN:529-34-068 & 529-34-094.) Carried by a vote of 4 ayes. Mr. Hutchins absent. VACATION EXCESS STORM DRAIN/220 EAST MAIN & VILLA/RESOLUTION 2000-33 (13B.09) Motion by Mr. Pirzynski, seconded by Mr. Attaway, that Council adopt Resolution 2000- 33 entitled, RESOLUTION OF THE TOWN OF LOS GATOS ORDERING THE VACATION OF EXCESS STORM DRAINAGE EASEMENT BETWEEN VILLA AVENUE AND EAST MAIN STREET, ON THE PROPERTY LOCATED AT 220 EAST MAIN STREET (APN:529-34-094.) Carried by a vote of 4 ayes. Mr. Hutchins absent. TC:D11:MM022200 2 Town Council Minutes February 22, 2000 Redevelopment Agency Los Gatos, California EUGENIA WAY #3/ANNEXATION/REORGANIZATION/RESOLUTION 2000-34 (14.14) Motion by Mr. Pirzynski, seconded by Mr. Attaway, that Council adopt Resolution 2000-34 entitled, RESOLUTION OF THE TOWN OF LOS GATOS ORDERING THE REORGANIZATION OF CERTAIN UNINHABITED TERRITORY DESIGNATED AS EUGENIA WAY #3 TO THE TOWN OF LOS GATOS. Carried by a vote of 4 ayes. Mr. Hutchins absent. VERBAL COMMUNICATIONS Local Government: Ray Davis, resident, spoke in general about local government. HEARINGS COLLEGE AVENUE 300/NOVITIATE/GENERAL PLAN AMENDMENT/HEARING ZONE CHANGE FROM HILLSIDE RESIDENTIAL TO OPEN SPACE (16A&B.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. Speaker from the audience: Luke Stamos, planning consultant with Ruth and Going, San Jose, representing the Novitiate, explained the history of the proposal. Motion by Mr. Attaway, seconded by Mr. Pirzynski, to close the public hearing. Carried by a vote of 4 ayes. Mr. Hutchins absent. COLLEGE AVE 300/NOVITIATE/GENERAL PLAN AMENDMENT/HILLSIDE RESIDENTIAL TO OPEN SPACE/LAND USE MAP AMENDMENT/GP-99-1/RESOLUTION 2000-35 (16A.46) Motion by Mr. Pirzynski, seconded by Mr. Attaway, that Council adopt Resolution 2000-35 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AMENDING THE LAND USE MAP OF THE GENERAL PLAN (AMENDMENT GP-99-1), and include the following findings: that the General Plan Amendment is consistent with the General Plan and the Hillside Specific Plan because the objective is to preserve the Hillside; Council Resolution 1991-174 relating to Traffic Impact is to preserve the Hillside as Resource Conservation which eliminates the possibility of further construction and there will be no increase in the number of employees and therefore no traffic impacts; according to Section 29.20.190 of the Town Code for Conditional Use Permit, the proposed land use is essential and desirable to the public welfare as the change is consistent, the number of individuals will not change, and the individuals will still be able to live within the Town; the use will not impair the integrity and character of the zone and it will rather improve the integrity; the use will not be detrimental to public health, safety or general welfare and will TC:D11:MM022200 3 Town Council Minutes February 22, 2000 Redevelopment Agency Los Gatos, California improve the general welfare of the Town; the use of the property is in harmony with the various elements or objectives of the General Plan because the property will be converted to Resource Conservation to the Town’s benefit; and it’s Categorically Exempt according to the State Environmental Guidelines. Carried by a vote of 4 ayes. Mr. Hutchins absent. TC:D11:MM022200 4 Town Council Minutes February 22, 2000 Redevelopment Agency Los Gatos, California CAPITAL IMPROVEMENT PROGRAM/2000-2001 THROUGH 2004-2005/HEARING (17A.05) Mayor Blanton stated that this was the time and place duly noted for public hearing to consider proposed Town Capital Improvement Program (CIP) 2000-2001 through 2004-2005. There was no one from the audience to address this subject. Motion by Mr. Attaway, seconded by Mr. Pirzynski, to close the public hearing. Carried by a vote of 4 ayes. Mr. Hutchins absent The Capital Improvement Program will return to Council for adoption May 15, 2000. REDEVELOPMENT AGENCY BUDGET/2000-2001 THROUGH 2004-2005/HEARING (17B.05) Chairman Blanton stated that this was the time and place duly noted for public hearing to consider the proposed Redevelopment Agency budget 2000-2001 through 2004-2005. There was no one from the audience to address this subject. Motion by Mr. Attaway, seconded by Mr. Pirzynski, to close the public hearing. Carried by a vote of 4 ayes. Mr. Hutchins absent Agency requested that the priorities for the Redevelopment Agency be addressed first before decisions are made on individual projects, and that a new street ratings analysis be made to prioritize a maintenance policy of appropriate and ongoing street resurfacing. The Agency budget shall return for adoption May 15, 2000. FERRIS AVENUE 16548/MONTESSORI SCHOOL/FAITH LUTHERAN CHURCH/APPEAL (15.09) 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). Motion by Mr. Pirzynski, Mr. Pirzynski noted the desk item which amended the conditions of approval for this item. As the maker of the motion granting the appeal, he requested that the four new conditions be added to the initial conditions. 1) That there be a maximum office staff not to exceed two. 2) That the maximum number of teachers not exceed seven. 3) That the car pool program and traffic mitigation methods be implemented and followed. 4) That the applicant shall install school crossing signs. Seconded by Mr. Blanton. Carried by a vote of 4 ayes. Mr. Hutchins absent. TC:D11:MM022200 5 Town Council Minutes February 22, 2000 Redevelopment Agency Los Gatos, California The following people from the audience spoke to this issue: Walt Keirns, 16573 Ferris Avenue, added new information concerning pre-schools in Los Gatos. Pat Parseghian, 16621 Ferris Avenue, spoke of traffic impacts on the residential neighborhood. FERRIS AVENUE 16548/MONTESSORI SCHOOL/CONT. Speakers continued: Cathie Keirans, 16573 Ferris Ave, reaffirmed the substantial increase in traffic caused by the pre-school in this location. Laura Ericsson, 16929 Kennedy Road, asked that traffic calming methods be in place before decision is made on this issue. Richard Lackey, 16901 Spencer Avenue, asked for implementation and assessment of traffic calming measures before the school is considered. Mark Rapazzini, 16490 Ferris Ave, noted that the traffic was still a major impact to this neighborhood and was against a school being situated in this location. Cindy Acker, 1178 Park Avenue, Executive Director of Montessori School, explained how the parents do adhere to the rules and regulations concerning car pooling and pick up and drop off . She noted the differences in the programs of other schools and the service levels for children of Los Gatos. She spoke of the school acting as a traffic calming element, and promised help with this problem to the neighborhood, expressing the school’s need to keep their children safe also. Lynn Sullivan, 16815 Potter Court, spoke against the pre-school in this area. David Shade, 16615 Englewood Avenue, noted neighbors and himself who live adjacent to the church and the impact of noise on themselves. Dennis Yost, 16615 Ferris Avenue, talked of the additional traffic burden on this neighborhood. Ursula Montano, 19627 Hicks Road, feels this is the wrong location for a school. Lenore Grant, 128 Belglen Way, spoke in support of the school and promised that the parents would all help to prove that they could be good neighbors and aid in the existing traffic impacts on this neighborhood. Kristi Brackett, 15785 El Gato Lane, spoke in support of the Montessori system of education for her children. This neighborhood will become the school’s neighborhood also, and the parents will be helping to mitigate the safety concerns that exist in this local. Holly Clayville, 16890 Spencer Avenue, spoke against the proposal. Stacey Schultz, 4891 Kingwood Way, San Jose, supported the proposal. Christine Newman, 15 Central Court, supported the proposal. Ray Davis, resident, spoke against the proposal. No one else from the audience addressed this issue. TC:D11:MM022200 6 Town Council Minutes February 22, 2000 Redevelopment Agency Los Gatos, California Motion by Mr. Attaway, seconded by Mr. Pirzynski, to close the public hearing. Carried unanimously . Motion by Mr. Blanton, seconded by Mr. Pirzynski, to grant the appeal and provide a much needed pre-school for the children within our community and continue to revisit the traffic problem existing on Englewood and Ferris Ave. Motion ties two-two. No action can be taken until there is a full Council in attendance. This item will return to Council on May 1, 2000. CODE COMPLIANCE/QUARTERLY REPORT (03.47) Motion by Mrs. Lubeck, seconded by Mr. Attaway, that Council accept and file informational report from the Code Compliance Officer regarding abatement of code violations. Council commended staff on a job well done, commenting on the impressive figures. Carried with 4 ayes. Mr. Hutchins absent TC:D11:MM022200 7 Town Council Minutes February 22, 2000 Redevelopment Agency Los Gatos, California UNIVERSITY AVENUE 565/CAMPO DI BOCCE/USE PERMIT PRJ-97-059 (09.09) Motion by Mr. Pirzynski, seconded by Mr. Attaway, that Council accept report of review of Conditional Use Permit PRJ-97-059, Campo di Bocce, and Council requested another report on activities in one year. Carried by a vote of 4 ayes. Mr. Hutchins absent. ADJOURNMENT Motion by Mr. Attaway, seconded by Mr. Pirzynski, to adjourn this evening's meeting at 9:16 p.m. Carried by a vote of 4 ayes. Mr. Hutchins absent. ATTEST: Marian V. Cosgrove Town Clerk TC:D11:MM022200 8