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M 08-07-00TOWN OF LOS GATOS CALIFORNIA TOWN COUNCIL/PARKING AUTHORITY JOINT REDEVELOPMENT AGENCY August 7, 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 7:56 p.m., Monday, August 7, 2000, in joint regular session. ROLL CALL Present:Randy Attaway, Jan Hutchins, Linda Lubeck, Joe Pirzynski and Chairman/Mayor Steve Blanton. Absent:None PLEDGE OF ALLEGIANCE Given by all in attendance. CLOSED SESSION Town Attorney, Orry Korb, reported that Council had not met in Closed Session this evening. ARTS COMMISSION/APPOINTMENT/RIPLEY CALDWELL (000.20) Mayor Blanton announced that one application had been received from Ripley Caldwell for three vacancies on the Arts Commission. Voting was held, and Mr. Caldwell was appointed for term to expire July 1, 2003. The two other openings will be re-advertised for interviews in October. BOARD OF APPEALS/APPOINTMENT (XX.20) Mayor Blanton announced that no applications had been received for the one vacancy on the Board of Appeals. This opening will be re-advertised for interviews in October. COUNTY COUNCIL ON AGING/APPOINTMENT/JOAN GEISEN (YY.20) Mayor Blanton announced that one application had been received from Joan Geisen for the one vacancy on the County Council on Aging. Voting was held, and Ms Geisen was appointed for term to expire July 1, 2003. LIBRARY BOARD/APPOINTMENT/KARL PEARSON (XXX.20) Mayor Blanton announced that two applications had been received from Andre Rude and Karl Pearson for one vacancy on the Library Board. Voting was held and Mr. Pearson was appointed for term to expire July 1, 2003. The other vacancy will be re-advertised for interviews in October. PARKING COMMISSION/APPOINTMENT/PHILIP MICCICHE (XYY.20) Mayor Blanton announced that one application had been received from Philip Miciche for one vacancy on the Parking Commission. Voting was held and Mr. Micciche was appointed for term expiring January 1, 2004. TC:D11:MM080700 Town Council Minutes August 7, 2000 Redevelopment Agency Los Gatos, California PLANNING COMMISSION/APPOINTMENT/PEGGY MARCUCCI (XYZ.20) Mayor Blanton announced that three applications had been received from Pamela Laurence, Scott Prawat, and Peggy Marcucci, for one vacancy on the Planning Commission. Voting was held and Ms Marcucci was appointed for term expiring January 31, 2002. TRAILS & BIKEWAYS COMMITTEE/APPOINTMENT (YY.20) Mayor Blanton announced that one application had been received for one vacancy on the Trails & Bikeways Committee. Mr. Jensen was not present for his interview, and this opening will be re- advertized for interviews in October. SCHEDULE OF PUBLIC HEARINGS (01.01) Informational report regarding currently scheduled public hearings was received and filed. COUNCIL CALENDAR OF MEETINGS/AUGUST-SEPTEMBER 2000 (03.10) Informational item presenting future Town Meetings for Council and other Town Boards and Commissions for August and September 2000, was received and filed. RATIFICATION OF PAYROLL/JUNE-JULY 2000 (04.V) Motion by Mr. Hutchins, seconded by Mr. Pirzynski, that Council ratify the check registers for the payroll of June 25, 2000 through July 8, 2000 paid on July 14, 2000 and July 9, 2000 through July 22, 2000 paid on July 28, 2000 in the amount of $897,272.81. Carried unanimously. ACCOUNTS PAYABLE/RATIFICATION/JULY 2000 (05.V) Motion by Mr. Hutchins, seconded by Mr. Pirzynski, that Council ratify the accompanying check registers for accounts payable invoices paid on July 14, 2000, July 21, 2000 and July 28, 2000 in the amount of $719,038.01. Carried unanimously. MINUTES OF JULY 17, 2000 (06.V) Motion by Mr. Hutchins, seconded by Mr. Pirzynski, that Council approve the Joint Town Council/Redevelopment Agency Minutes of July 17, 2000, as corrected on page 12, “designating building height in the downtown be set at 45 feet.” Carried unanimously. TREASURER'S REPORT/JUNE 2000 (07.V) Informational report submitted by the Treasurer to the Council for the month ended June 30, 2000, was received and filed. QUITO ROAD RESURFACING/$50,000/SARATOGA (08.28) Motion by Mr. Hutchins, seconded by Mr. Pirzynski, that Council approve payment of $50,000 to the City of Saratoga for Quito Road Resurfacing. Carried unanimously. WEEDS AND BRUSH ABATEMENT/SANTA CLARA COUNTY/RESOLUTION 2000-97 (09.28) Motion by Mr. Hutchins, seconded by Mr. Pirzynski, that Council adopt Resolution 2000-97 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO EXECUTE THE SIXTH AMENDMENT TO THE AGREEMENT WITH TC:D11:MM080700 2 Town Council Minutes August 7, 2000 Redevelopment Agency Los Gatos, California SANTA CLARA COUNTY FOR THE ABATEMENT OF HAZARDOUS VEGETATION. Carried unanimously. DOWNTOWN SPECIFIC PLAN REPEALED/RESOLUTION 2000-98 (10.47) Motion by Mr. Hutchins, seconded by Mr. Pirzynski, that Council adopt Resolution 2000-98 entitled, RESOLUTION OF THE TOWN OF LOS GATOS RESCINDING RESOLUTION 1982-101 THEREBY REPEALING THE DOWNTOWN SPECIFIC PLAN. Carried unanimously. GUM TREE LANE 15690/ACCESSORY UNIT/RESOLUTION 2000-99 (12.09) Motion by Mr. Hutchins, seconded by Mr. Pirzynski, that Council adopt Resolution 2000-99 entitled, RESOLUTION OF THE TOWN OF LOS GATOS GRANTING AN APPEAL OF A PLANNING COMMISSION DECISION REQUESTING APPROVAL TO CONSTRUCT AN ACCESSORY LIVING QUARTER AND A VARIANCE APPLICATION TO EXCEED THE ALLOWABLE HEIGHT ON PROPERTY ZONED HR-2.5. Carried unanimously. STORM DRAIN IMPROVEMENT PROJECTS/RESOLUTION 2000-100 (13.35) PROJECT 00-12 - HOLLYWOOD/YOSEMITE/WHEELER AVENUES PROJECT 00-24 - MASSOL/NICHOLSON/TAIT/HERNANDEZ AVENUES PROJECT 00-35 - CYPRESS/HIGH STREETS PROJECT 00-36 - LORA DRIVE PROJECT 00-39 - BACHMAN PARK STORM DRAIN CONSTRUCTION Motion by Mr. Hutchins, seconded by Mr. Pirzynski, that Council adopt Resolution 2000- 100 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE AWARD AND EXECUTION OF A CONSTRUCTION CONTRACT WITH MCH GENERAL ENGINEERING CONTRACTORS, INC. FOR STORM DRAINAGE IMPROVEMENT PROJECTS: PROJECT 00-12 - HOLLYWOOD/YOSEMITE/WHEELER AVENUES; PROJECT 00-24 - MASSOL NICHOLSON/TAIT/HERNANDEZ AVENUES; PROJECT 00- 35 - CYPRESS/HIGH STREETS; PROJECT 00-36 - LORA DRIVE; PROJECT 00-39 - BACHMAN PARK STORM DRAIN CONSTRUCTION. Carried unanimously. VERBAL COMMUNICATIONS Music In The Plaza: Ray Davis, resident, spoke highly of the Music in the Plaza program and encouraged others to attend. Anti Graffiti Program: John Tice, 570 University Ave, #13, has been working with San Jose on the severe graffiti problem on the Highway 85/Winchester overpass and asked Council to agendize this issue and address the three overpasses in this location at the same time. The City of San Jose, CalTrans and Union Pacific are all taking a part in this graffiti program. Council Consensus to put this subject on the agenda as soon as information is compiled. PUBLIC HEARINGS ABATEMENT OF HAZARDOUS VEGETATION (BRUSH)/RESOLUTION 2000-101 (14.28) TC:D11:MM080700 3 Town Council Minutes August 7, 2000 Redevelopment Agency Los Gatos, California Mayor Blanton announced that this was the time and place so noted for public hearing to consider and confirm report and assessment on abatement of brush within the Town of Los Gatos. PUBLIC HEARINGS CONTINUED ABATEMENT OF HAZARDOUS VEGETATION (BRUSH) CONT. There was no one in 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 2000-101 entitled, RESOLUTION OF THE TOWN OF LOS GATOS ADOPTING REPORT DESCRIBING PARCELS OF REAL PROPERTY, AND SHOWING AMOUNT OF HAZARDOUS VEGETATION (BRUSH) ABATEMENT ASSESSMENTS TO BE COLLECTED ON THE SECURED PROPERTY TAX ROLL OF THE TOWN OF LOS GATOS IN THE COUNTY OF SANTA CLARA, FOR THE FISCAL YEAR 2000-01. Carried unanimously. ABATEMENT OF HAZARDOUS VEGETATION (WEEDS)/RESOLUTION 2000-102 (15.28) Mayor Blanton announced that this was the time and place so noted for public hearing to consider and confirm report and assessment on abatement of weeds within the Town of Los Gatos. There was no one in 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 2000-102 entitled, RESOLUTION OF THE TOWN OF LOS GATOS ADOPTING REPORT DESCRIBING PARCELS OF REAL PROPERTY, AND SHOWING AMOUNT OF HAZARDOUS VEGETATION (WEEDS) ABATEMENT ASSESSMENTS TO BE COLLECTED ON THE SECURED PROPERTY TAX ROLL OF THE TOWN OF LOS GATOS IN THE COUNTY OF SANTA CLARA, FOR THE FISCAL YEAR 2000-01. Carried unanimously. WEDGEWOOD AVENUE (LOT 1)/SUBDIVISION APPLICATION/APPEAL (16.09) Mayor Blanton announced that this was the time and place so noted for public hearing to consider an appeal of the Planning Commission decision approving a request to construct a new single family residence and a detached garage which exceeds 450 square feet in area and to relocate a lot line on property zoned R-1:8. Architecture and Site Approval S-99-20. Subdivision Application M-99-11. Property Location: Wedgewood Avenue (Lot 1). Property Owner: Union Bank of California, Trustee et al. Applicant: Stern & Champion Homebuilders Appellant: Dori Fontaine. The following people from the audience addressed this item: (Both Item 16 & Item 17 were discussed together.) Steve Stern, 19 LeRoy Way, Portola Valley, with Stern and Champion Homebuilders, spoke of the four hearings held concerning this application. He delineated all aspects of the proposal and the TC:D11:MM080700 4 Town Council Minutes August 7, 2000 Redevelopment Agency Los Gatos, California mitigation efforts put into the process and requested that Council uphold the Planning Commission’s approval. Dori Fontaine, 120 Calle el Padre, La Rinconada Neighborhood Assoc, does not want gentrification of her neighborhood, asked that size and scale be considered, wildlife and drainage be reviewed and traffic and its related issue of safety be addressed with a traffic study. PUBLIC HEARINGS CONTINUED WEDGEWOOD AVENUE (LOT 1)/SUBDIVISION APPLICATION Speakers continued: Ray Davis, resident, spoke of the process being used to review this appeal. Don Cordero, 123 Calle Marguerita, La Rinconada Neighborhood Assoc, spoke of the Vasona Canal that runs along Wedgewood. It belongs to the Water District and has not been maintained properly. It is a 15 to 20 foot ditch, and in some locations the Canal has just been covered over and is not used which leads him to believe the Water District is not maintaining nor using this Canal as a resource. This ditch on a restricted curve in the road, and the limited access to the property in question, raises issues of safety for both the property owners and traffic at that location. He asked that this issue be addressed before approval. Luis Hernandez, 180 Calle Marguerita, La Rinconada Neighborhood Assoc, also addressed the Canal issue. Smith Creek has been terminated and is now a four foot pipe buried to Highway 85. The drainage plans for this lot are not addressed properly considering the lack of maintenance of this Canal. He spoke of tree removal of specimens that are simply old but still have years of life left in them. Mr. Stern explained that Lot 1 had a total lot width fronting on Wedgewood, Lot 2 has about 50 feet fronting on Wedgewood and the rest of the property is on the Water Districts Canal. The rest of the Lot has an easement over the Canal. The two lots together have 154 feet of frontage. No one else from the audience addressed this Item. Motion by Mr. Attaway, seconded by Mr. Pirzynski, to close the public hearing. Carried unanimously. Council Consideration: Mr. Attaway this is one proposal where he might agree to a shared driveway if it can be proved that the property has legal access across the canal bed. Mrs. Lubeck she is not convinced that the Town is allowing two legal lots to be formed that are following the Zoning Ordinance as far as frontage is addressed. She does not believe she can act on this proposal at all until she has easement information showing legal access. Motion by Mr. Attaway, seconded by Mrs Lubeck, that Council continue the public hearing to September 5, 2000 and request a report back from staff with information from the applicant answering the questions that Council has raised, including access, wildlife habitat, neighborhood compatibility, drainage issue, and has there been flooding in the area over the years. Carried by a vote of 3 ayes. Mr. Hutchins voted no stating that he agrees with the Planning Commission and would deny the appeal. Mr. Blanton also voted no due to the issues in question. WEDGEWOOD AVENUE (LOT 2)/SUBDIVISION APPLICATION (17.09) Mayor Blanton announced that this was the time and place so noted for public hearing to consider an appeal of the Planning Commission decision approving a request to construct a new single family residence and a detached garage which exceeds 450 square feet in area on property zoned R-1:8. Architecture and Site Approval S-99-21. Property Location: Wedgewood Avenue (Lot 2). Property TC:D11:MM080700 5 Town Council Minutes August 7, 2000 Redevelopment Agency Los Gatos, California Owner: Union Bank of California, Trustee et al. Applicant: Stern & Champion Homebuilders. Appellant: Dori Fontaine. This item and the prior one were heard as one item at this meeting , and the statements for both Items 16 & 17 are the same. Please see the motions and comments on the prior item. PUBLIC HEARINGS CONTINUED NINA COURT 130/DEMOLITIAN/SUBDIVISION APPLICATION/APPEAL (18.09) 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 denying a request to subdivide a residential parcel into four lots and to demolish a pre-1941 single family residence on property zoned R-1:10. Property Location: 130 Nina court. Property Owner: Jerrell Wilson, Paul Boone. Applicant: Dividend Homes, Inc. Appellant: Richard B. Oliver. The following people from the audience addressed this item: Richard Oliver, 275 Saratoga Avenue, #105, Santa Clara, representing Dividend Homes, Inc, spoke to the issue of the subdivision meeting all of the requirements of the Town’s Zoning Ordinance. Spoke of the grading proposed on this site; the safety of driveways; landscaping for privacy of the community; and that parking had been removed form the streets and placed in the driveways. He spoke of improved drainage with this development. Willis Flood, 131 Pinta Court, spoke of tree removal, narrow roadway and loss of viewshed.. Asked for an environmental impact report. He noted the lot sizes and house proposals were not consistent with the FAR allowances. Spoke of safety issues involved with building within the hillside fire hazard zone, and with traffic impacts. Scott Radonich, 139 Pinta Court, the proposed road to access the subdivision is an imposition to the neighborhood it will infringe upon. Lorna Catalano, 124 Pinta Court, realizes that there will be development but would like a proposal that fits compatibly with the existing neighborhood. Ray Davis, resident, spoke of an out of town developers proposals vs. the neighbors community concerns. Laverne Nolan, 123 Pinta Court, approved the removal of the blighted conditions that exist, but would like better tree protection and a security bond for protection of her property during this development. Paul Izor, 128 Nina Court, noted that one or two homes would fit the area but that four to five homes were far too many. Doug Gilbert, 140 Via Santa Maria, opposed the project and the fact that the windows of one home look directly into his bedroom and bathroom. Robert Bixler, 104 Pinta Court, spoke in favor of the proposal and the fact that there has only been one accident there in twelve years which was due to a reckless teenager tearing through the neighborhood. Alexander Henson, 27880 Dorris Drive, #120, Carmel, land use attorney for the applicant, said that the size of the lots and the size of the homes were compatible to those existing in this neighborhood now. Sandra Erickson, 124 Pinta Court, spoke of the traffic safety issues. John Spaur, 130 Nina Court, spoke in favor of the proposal believing that the subdivision complies with the Subdivision Map Act. There was no one else from the audience to speak to the issue. Motion by Mr. Attaway, seconded by Mr. Pirzynski, to close the public hearing. Carried TC:D11:MM080700 6 Town Council Minutes August 7, 2000 Redevelopment Agency Los Gatos, California unanimously. Council comments: Mr. Attaway asked that the developer meet with the neighbors one more time. He believes that 3 to 4 lots are the appropriate number in this area. PUBLIC HEARINGS CONTINUED NINA COURT 130/DEMOLITIAN/SUBDIVISION APPLICATION CONT. Council Comments continued: Motion by Mr. Pirzynski, seconded by Mr. Blanton, to deny the appeal and uphold the Planning Commission’s decision. Motion fails by a vote of 2 ayes and 3 nays. Mrs. Lubeck disagrees with the motion stating that the neighbors should meet to discuss the options for development on this parcel. Town has enough options to limit the size of the homes to be compatible with the neighborhood. Developer has been told by the Town that if he meets the rules of the subdivision, the project will probably be approved. Mr. Hutchins this application map is consistent with the General and Specific plans. The site is physically suited for proposed development and it is suitable for the proposed density. He would approve the map. Motion by Mr. Attaway, that Council move this item to a study session with the Planning Commission, the developer and the neighborhood. That everyone be prepared and come with proposals. Motion recinded by Mr. Attaway. Motion by Mrs. Lubeck, seconded by Mr. Attaway, to continue the public hearing to September 18, 2000, and ask that all parties concerned return with ideas regarding developing three or four lots under the subdivision map act; ask staff, citizens and the developer to report back to Council on possible pros and cons of three vs four lots; review alternatives of configuration and pad locations; review reconfiguration of the roadway; is there a proposal that would have greater conformity to the existing neighborhood; staff to be neutral observer to take minimal notes to report back to Council on what transpired. Those who spoke tonight will be notified along with the neighborhood at the applicant’s expense. Carried by a vote of 4 ayes. Mr. Hutchins voted no, because he believes the map should be accepted. COUNCIL RECESS Mayor Blanton called a five minute recess. CLOSED SESSION MINUTES/ORDINANCE AMENDMENT (19.10) Motion by Mr. Hutchins, seconded by Mr. Attaway, to waive the reading of the Proposed Ordinance. Carried unanimously. The Town Clerk read the Title of the Proposed Ordinance. Motion by Mrs. Lubeck, seconded by Mr. Attaway, that Council introduce Proposed Ordinance Amendment entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING ARTICLE II OF TITLE 2 OF THE TOWN CODE REGARDING MINUTES OF CLOSED SESSIONS. Carried unanimously. TC:D11:MM080700 7 Town Council Minutes August 7, 2000 Redevelopment Agency Los Gatos, California COUNTY REFERRALS (02.47) Mrs. Lubeck spoke about this process whereby the Town gets a referral from the County. She would like to see this subject on a Council agenda so that Council can talk about the process and how Council and our community can make more of an impact on the County and establish some cooperation on the County’s part in upholding the Town’s policies in the hillsides. Motion by Mrs. Lubeck, seconded by Mr. Attaway, that Council accept the report concerning County Referrals: NUMBER LOCATION APPLICANT REQUEST RECOMMENDATION 7840 14900 La Rinconada Drive Hill. Building Site Approval/One Condition Carried unanimously SILICON VALLEY ANIMAL CONTROL AUTHORITY/RESOLUTION 2000-103 (11.28) JOINT POWERS AGREEMENT/SANTA CLARA/CAMPBELL/CUPERTINO MONTE SERENO/SUNNYVALE/SARATOGA/HUMANE SOCIETY FACILITY Mrs. Lubeck asked how the Humane Society was able to run the center so inexpensively. Why does it cost so much more for the Joint Powers to operate the program? Staff reported that Los Gatos will be purchasing sheltering and field services from the JPA. The participating cities will also have some control in the operation of the JPA which it would not have if it joined with San Jose services. Motion by Mr. Pirzynski, seconded by Mr. Hutchins, that Council adopt Resolution 2000-103 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TWON MANAGER TO EXECUTE A JOINT EXERCISE OF POWERS AGREEMENT CREATING “SILICON VALLEY ANIMAL CONTROL AUTHORITY” TO PROVIDE ANIMAL CONTROL SERVICES TO MEMBER AGENCIES, THE TOWN OF LOS GATOS, THE CITY OF SANTA CLARA, THE CITY OF CAMPBELL, THE CITY OF CUPERTINO, THE CITY OF MONTE SERENO, THE CITY OF SUNNYVALE, AND THE CITY OF SARATOGA. This motion includes budget of $46,670 from Manager’s contingency to establish “The Silicon Valley Animal Control Authority, “ and designation of $254,100 from 1999-00 year end savings to acquire the current Humane Society Facility, remodel that facility and designate $346,972 for two year operating expenses. Carried by a vote of 4 ayes. Mrs. Lubeck voted no. LEAGUE OF CALIFORNIA CITIES/ANNUAL CONFERENCE/VOTING DELEGATES (20.10) Mr. Davis, resident, concerning information issued from the League, and requested that the Town representative uphold the public information act while attending this meeting. Motion by Mr. Attaway, seconded by Mr. Hutchins, that Council appoint the Mayor as voting delegate and the Vice Mayor as alternate for the League of California Cities Annual Conference to be held September 7-9, 2000 in Anaheim. Carried unanimously. TC:D11:MM080700 8 Town Council Minutes August 7, 2000 Redevelopment Agency Los Gatos, California COUNCIL MEETING SCHEDULE FOR 2000-2001/AMENDMENT (21.10) Motion by Mrs. Lubeck, seconded by Mr. Pirzynski, that Council amend the Town Council Meeting Schedule for 2000-2001 Fiscal year, canceling the August 21, 2000 Town Council meeting and setting Council/Redevelopment Agency Special Meeting at 6:30 p.m. to review a Planning Commission appeal and 7:30 p.m. Study Session to discuss the Downtown Parking Program on August 28, 2000. Carried unanimously. COUNCIL REPORTS (14.10) Mrs. Lubeck reported on her meeting with County Supervisor Gage and the discussion concerning protection of the view shed for Los Gatos. It was a satisfactory meeting in that Supervisor Gage absolutely agrees with our need to protect the view shed. If the construction is in the valley we will not interfere, but if it is in the view shed, then we should talk about it, and he hopes that the county staff will be able to find the time to review and implement standardized requirements ADJOURNMENT Motion by Mr. Attaway, seconded by Mr. Pirzynski, to adjourn this evening's meeting at 10:54 p.m. Carried unanimously. ATTEST: Marian V. Cosgrove Town Clerk TC:D11:MM080700 9