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M 02-03-03TOWN OF LOS GATOS CALIFORNIA TOWN COUNCIL/PARKING AUTHORITY JOINT REDEVELOPMENT AGENCY February 3, 2003/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 7:06 p.m., Monday, February 3, 2003, in joint regular session. ROLL CALL Present:Steve Glickman, Diane McNutt, Joe Pirzynski, Mike Wasserman and Mayor/Chairman Sandy Decker. Absent:None. PLEDGE OF ALLEGIANCE Given by all in attendance. MOMENT OF SILENCE Mayor Decker called for a moment of silence for the crew of the Columbia and also asked that we recognize the preciousness of life. CLOSED SESSION (XX.28) 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 regarding Labor Negotiations. Town Negotiator: Gary Rogers, Human Resources Director. Employee Organizations: Town Employees’ Association (TEA); AFSCME; Confidential Unit; and Management. Council gave direction to Town’s negotiator and there was no further reportable action taken. COMMUNITY SERVICES COMMISSION/COMMENDATION (00.12) Mayor Decker presented a commendation from the Town to Mark Lubeck for his service while serving as the youth representative on the Community Services Commission. Mr. Lubeck was present to receive his commendation and thanked the Council for being given this opportunity to serve. BUSINESS COMMENDATIONS/FARMERS’ MARKET/THE OYSTER GUY (00.28) Council Member Glickman presented Town Commendations to Ms Melanie Defe and Ms Sue Ellen Sterling and spoke of the years that the Farmers’ Market has served our community. Mr. Bill Callahan, working at the Farmers’ Market as The Oyster Guy, was also recognized for his outstanding service. Ms Defe, Ms Sterling and Mr. Callahan were present to receive their commendations and express their appreciation and continued commitment to our town. N:\CLK\Council Minutes\2003\M 02-03-03.wpd Town Council Minutes February 3, 2003 Redevelopment Agency Los Gatos, California SCHEDULE OF PUBLIC HEARINGS (01.28) Motion by Mr. Glickman, seconded by Mr. Pirzynski, to accept and file informational report regarding currently scheduled public hearings. Carried unanimously. COUNTY REFERRALS (02.31) Motion by Mr. Glickman, seconded by Mr. Pirzynski, that Council accept the report concerning County Referrals: NUMBER LOCATION APPLICANT REQUEST RECOMMENDATION A) Projects Outside Urban Service Area: None B) Projects Inside Urban Service Area 1097 15110 Shannon Road Fanelli Design Review Approval/Two Conditions C) Status of Previous Applications: None Carried unanimously. COUNCIL CALENDAR OF MEETINGS (03.28) Motion by Mr. Glickman, seconded by Mr. Pirzynski, that Council accept the February 2003, and March 2003, Town’s Calendar of Meetings. Carried unanimously. RATIFICATION OF PAYROLL/DECEMBER-JANUARY 2003 (04.V) Motion by Mr. Glickman, seconded by Mr. Pirzynski, that Council ratify the check register for the payroll of December 22, 2002 through January 4, 2003, paid on January 10, 2003, in the amount of $544,861.96. Carried unanimously. ACCOUNTS PAYABLE/RATIFICATION/JANUARY 2003 (05.V) Motion by Mr. Glickman, seconded by Mr. Pirzynski, that Council ratify the accompanying check registers for accounts payable invoices paid on January 17, 2003, and January 24, 2003 in the amount of $838,845.79. Carried unanimously. MINUTES OF JANUARY 21, 2003 (06A.V) Motion by Mr. Glickman, seconded by Mr. Pirzynski, that Council approve the Minutes of January 21, 2003, Telecommunications Study Session Town Council/Redevelopment Agency Meeting as submitted. Carried unanimously. MUSIC IN THE PLAZA/SUMMER CONCERT SERIES/CIVIC CENTER (07.33) Motion by Mr. Glickman, seconded by Mr. Pirzynski, that Council approve recommendation of the Arts Commission to relocate the “Music in the Plaza” Summer Concert Series to the Civic Center Lawn. Carried unanimously. BELOW MARKET PRICE HOUSING/THE TERRACES OF LOS GATOS (08.38) AMERICAN BAPTIST HOMES OF THE WEST/RESOLUTION 2003-13 Motion by Mr. Glickman, seconded by Mr. Pirzynski, that Council adopt Resolution 2003-13 entitled, RESOLUTION OF TOWN OF LOS GATOS AUTHORIZING TOWN MANAGER TO EXECUTE AN AMENDMENT TO AGREEMENT WITH AMERICAN BAPTIST HOMES OF THE WEST, INCORPORATED REGARDING BELOW MARKET PRICE HOUSING AT THE TERRACES OF LOS GATOS. Carried unanimously. N:\CLK\Council Minutes\2003\M 02-03-03.wpd 2 Town Council Minutes February 3, 2003 Redevelopment Agency Los Gatos, California MONROE COURT 10/PLANNED DEVELOPMENT/ZONE CHANGE (10.15) TRACT 9368/VINYARD HEIGHTS/RESOLUTION 2003-14 Motion by Mr. Glickman, seconded by Mr. Pirzynski, that Council adopt Resolution 2003-14 entitled, RESOLUTION OF TOWN OF LOS GATOS REMANDING A REQUEST FOR APPROVAL OF A PLANNED DEVELOPMENT TO CHANGE THE ZONE FROM RM:12-20 TO RM:12-20:PD TO CONSTRUCT FOUR DWELLING UNITS PD-01-02, ND- 01-14. Carried by a vote of 4 ayes. Mr. Glickman voted no for reasons noted in prior record. MAYOR’S STATEMENT (XX.28) Mayor Decker welcomed the Council and audience and explained how she would like the tone of the Town meetings to proceed during the year. She spoke of a community that has been able to display respect for one another, to deliberate the business of the Town in an informed manner, and to accept and act upon the decisions made at public and open meetings. She noted that all of our residents deserve our respect and the respect of each other. She asked for and said she expects that the visitors to these Council Chambers will recognize and uphold these principles of respect and courtesy for one another. The Mayor noted that disruptive behavior would not be tolerated, nor allowed to interfere with these community meetings held in the spirit of cooperative and interactive government. She reaffirmed her desire to encourage respect and dignity within these chambers. VERBAL COMMUNICATIONS (XX.28) Police Services: Michael Robert Phillips spoke of being roughly treated by a particular police officer, the police department’s handling of his complaint, and asked for Council’s review of the issue. Assembly Member Joe Simitian: Michele Lew representing Assembly Member Simitian’s office, introduced herself to Council and offered any assistance that might be requested by the Town and noted that the Assembly Member’s office may be able to offer various resources to the Town especially during the budget issues that are being raised at this time. General Comments on Town Government: Ray Davis spoke of the public process. He had an issue with being asked to leave the last meeting he attended. He noted the poor condition of certain roads in Los Gatos which he believes could lead to traffic accidents. He also spoke of the $1,000 fee that has been set for certain appeals. Police Services: Douglas Harwager spoke of the amount of money, time, business resources and social activities that he has invested in Los Gatos. He also expressed his dissatisfaction regarding the circumstances of his arrest. Annexation Fee: Carol Gruetzner spoke of the annexations that are now possible under the Morga Bill and which would be paid for by the Town. She asked that the fee for small annexations be dropped for various financial reasons that affect herself and neighbors. She and her neighbors would like to become a part of Los Gatos and are requesting that the current fees be waived. N:\CLK\Council Minutes\2003\M 02-03-03.wpd 3 Town Council Minutes February 3, 2003 Redevelopment Agency Los Gatos, California PUBLIC HEARING WINCHESTER BLVD 14561/VASONA RANCH SUBDIVISION/RESOLUTION 2003-15 (13.15) Mayor Decker stated that this was the time and place duly noted for public hearing to accept report in the form of meeting minutes from the Planning Commission recommending approval of a General Plan amendment to change the land use designation from low density residential to medium density residential and a zone change from R-1:12 to RM:5-12-PD for a 21-unit residential subdivision and to consider a request for approval of a General Plan amendment from Low Density Residential to Medium Density Residential and a zone change from R-1:12 to RM:5-12:PD for a residential subdivision. Development Application PD-02-02. Negative Declaration ND-02-03. Property Location: 14561 Winchester Boulevard. Property Owner: Frances S. Lamar, Trustee, et al. Applicant: Classic Communities, Inc. The following people from the audience addressed this issue: Scott Ward, representing applicant Classic Communities, spoke of the history of this company and of the planning of this project. He also noted the design and the work done with neighbors and town to present a viable project. Eddie Wong, resident of the adjacent neighborhood spoke of traffic, parking, safety and security as the proposal impacts his home. Ray Davis, spoke of changes to the General Plan, and noted amendments to the GP which causes continued congestion and traffic impacts. Guy LaMar, representing owner, spoke of the review of the proposals that have been presented and noted the approved density which can support the Vasona Station in the VTA plans. Laura Bajuk spoke of historic preservation, and how the original home will be preserved along with the water tower. Artifacts will also be incorporated in the open space. She spoke of the people who have lived in this area and the contributions that they have made to our community. Mr. Ward addressed the guest spaces and the parking apron for additional cars. He noted that the driveways leave extra room for parking. He spoke of exploring options in Architecture and Site Review to address the closeness of the units to the adjacent neighbors and the security issues raised due to the four foot set backs. He pointed out that there are no significant traffic impacts and he spoke of a living monument which will be explored with the Historic Committee. He noted that the neighbors have been supportive throughout the process. No one else from the audience spoke to this item. Council Discussion: There was some discussion to changing the size of unit 9 or eliminating it altogether to allow for additional open space and particularly to have more than a four foot set back. Other opinions favored housing inventory that is of good quality and below 2,000 sq. feet. There was a request for General Plan citations that are referred to in reports, to be printed out so that they can be easily reviewed by Council. HEARING CONTINUED N:\CLK\Council Minutes\2003\M 02-03-03.wpd 4 Town Council Minutes February 3, 2003 Redevelopment Agency Los Gatos, California WINCHESTER BLVD 14561/VASONA RANCH SUBDIVISION/RESOLUTION 2003-15 Mayor Decker closed the public hearing. Motion by Mr. Pirzynski, seconded by Mr. Glickman, to accept report in the form of Planning Commission Minutes of December 11, 2002, pages 184 to 234, regarding the Planned Development at 14561 Winchester Boulevard as Attachment 1 in this evenings’ report, and recommending approval of a General Plan Amendment to change the land use designation from Low Density Residential to Medium Density Residential and a Zone Change from R-1:12 to RM:5-12:PD for a 21-Unit Residential Subdivision. Carried unanimously. Motion by Mr. Pirzynski, seconded by Mr. Glickman, to make the Negative Declaration, ND- 02-01, contained in the initial study document as it appears in Exhibit A of Attachment 5 of this evening’s report. Carried unanimously. Motion by Mr. Pirzynski, seconded by Mr. Glickman, to adopt the Mitigation Monitoring Plan dated November 20, 2002, as it appears in Exhibit B of Attachment 5 of this evenings’ report. Carried unanimously. Motion by Mr. Pirzynski, seconded by Mr. Glickman, to make the required findings as listed in Attachment 2 and which are consistent with the General Plan. The Proposed General Plan Amendment is also consistent with the General Plan, and the 20 items cited from the General Plan indicate conformity. Carried unanimously. Motion by Mr. Pirzynski, seconded by Mr. Glickman, to make the required finding for traffic policy, and note that the specific findings do demonstrate the benefits of the project and outweigh the impacts, but also noting that it was evaluated in the context of the summation of other traffic impacts in this area, and that the developer will be required to mitigate the traffic at Winchester and Knowles. Carried unanimously. Motion by Mr. Pirzynski, seconded by Mr. Glickman, that Council adopt Resolution 2003-15 entitled, RESOLUTION OF TOWN OF LOS GATOS AMENDING THE GENERAL PLAN DESIGNATION FROM LOW DENSITY RESIDENTIAL, 0-5 DWELLING UNITS PER ACRE, TO MEDIUM DENSITY RESIDENTIAL, 5-12 DWELLING UNITS PER ACRE FOR A PROPERTY AT 14561 WINCHESTER BOULEVARD . Carried by a vote of three ayes. Mrs. Decker and Mr. Wasserman voted no having asked for a reduction of one unit; a small amount of additional square footage to be added to each unit; and increased set backs which add some additional open space. The Town Clerk read the Title of the Proposed Ordinance. Motion by Mr. Pirzynski, seconded by Mr. Glickman, to waive the reading of the Proposed Ordinance. Carried unanimously. Motion by Mr. Pirzynski, seconded by Mr. Glickman, that Council introduce Proposed Ordinance entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONING ORDINANCE EFFECTING A ZONE CHANGE FROM R-1:12 TO RM:5-12:PD AT 14561 WINCHESTER BOULEVARD. Carried by a vote of 3 ayes. Mrs. Decker and Mr. Wasserman voted no for reasons noted in prior motion. MINUTES OF JANUARY 21, 2003 (06B.V) Ray Davis asked that his departure from the Council Meeting following the Pledge of Allegiance N:\CLK\Council Minutes\2003\M 02-03-03.wpd 5 Town Council Minutes February 3, 2003 Redevelopment Agency Los Gatos, California be noted in the minutes. Mayor Decker asked that this occurrence be noted in the minutes. Motion by Mr. Glickman, seconded by Mr. Wasserman, that Council approve the Minutes of January 21, 2003, Regular Joint Town Council/Redevelopment Agency Meeting with the following correction following the Pledge of Allegiance: “Mayor Decker asked Mr. Davis to leave the meeting after his disruption during the Pledge of Allegiance.” Carried unanimously. TOWN INVESTMENTS/SEI INVESTMENTS MANAGEMENT/RESOLUTION 2003-16 (09.09) Ray Davis questioned the investment policy and asked for an explanation of the LAIF accounts and other federal accounts. Linda Lubeck, Town Treasurer, spoke of the growing Town reserves which have gone from $15 million to $45 million. She has spoken to other treasurer’s and joined the California Municipal Treasurer’s Association. She explained that all safeguards now practiced would remain in place and that the use of an outside manager would allow for more up to date economic information but in no way jeopardize any of the safeguards already in practice. This change will allow for more immediacy in the investments which can be moved in a far shorter time but which still only allow for the same type of investments. She also noted that SEI developed the soft ware that bank and trust companies use to track their investments and that this company will also be able to rebalance the portfolio for the Town. These are the reasons that the policy has been brought forward for Council’s review. Motion by Mrs. Decker, seconded by Mr. Wasserman, that Council adopt Resolution 2003-16 entitled, RESOLUTION OF TOWN OF LOS GATOS AUTHORIZING TOWN TREASURER AND TOWN MANAGER TO EXECUTE A CONTRACT WITH SEI INVESTMENTS MANAGEMENT CORPORATION FOR THE MANAGEMENT OF A PORTION OF THE TOWN’S INVESTMENTS. Carried by a vote of 4 ayes. Mr. Pirzynski voted no, noting that he prefers to see the track record of SEI with other municipalities before making a decision. COUNCIL MATTERS (14.28) YOUTH AND ALCOHOL/COMMUNITY PARTNERSHIP Report was presented by staff to Council concerning a community partnership formed to address youth and alcohol issues. Council spoke of future Town involvement and support for the proposals. Chief Seaman gave an update of the progress the committee has made and how it has now expanded and is increasing in size. The group is identifying what is happening in the community and what the compelling issue is that will draw people to the table to commit to working on this issue. The committee agreed to expand to include more kids and to include more schools. They have identified the compelling issues for discussion in focus groups. The teens have come up with a slogan to present to the group at next week’s meeting on February 10 th and to seek consensus on the compelling issues. Some of the issues are: Teens working with teens; Parental accountability; Pressures on teens; Available healthy constructive activities; Better relations with the Police Department; Town Wide Community Conversation. There are also plans for a Town wide conversation and hosted barbeque on a Saturday afternoon at the beginning of March. N:\CLK\Council Minutes\2003\M 02-03-03.wpd 6 Town Council Minutes February 3, 2003 Redevelopment Agency Los Gatos, California COUNCIL MATTERS CONTINUED (14.28) YOUTH AND ALCOHOL/COMMUNITY PARTNERSHIP Chief Seaman also spoke of a possible ordinance which holds youth responsible for attempting to get adults to purchase alcohol for teens and which will also allow the police to intervene with the minor and bring the action to the attention of the parents. He spoke of the need to tackle this issue as a community. Council Comments: That the Town move forward quickly on this issue. That Chief Seaman continue to work with High School Principal, Trudy McCulloch, Mayor Decker and Superintendent Cindy Ranii in building this community commitment. Speakers: Ray Davis spoke of the outpouring of support for children at the Holiday Parade. He also noted the traffic safety issues on Hicks and Shannon and the pork chops that present dangerous conditions. He spoke of the $5,000 grant to A Place for Teens comparing it to the amount of the money spent for the banner program. Chris Miller college student, spoke of the possibility of having college students donate their time and efforts to this program and asked about attending the next student meeting. MANAGER MATTERS (15.28) BUDGET COMMUNICATIONS: Mrs. Figone spoke of communicating with the community about the services residents receive and what the impacts of the governor’s budget will do to these services. The community needs to get messages that tell of the value of services in a time of scaling back and reduced revenues. They need to be informed about the limited purposes that RDA funds can be used for. VLF can be spent for roads and as a Town we need to know which funds can offer more services for the residents. She spoke of the structural issues of the Town’s services and the revenue that has not been rising as high as expenditures. Mr. Glickman noted that 20% of RDA funds must be spent on affordable housing and he asked that opportunities for affordable housing be identified within the Redevelopment Project Area and that staff report back on those opportunities by the next Council meeting on February 18th. Mr. Pirzynski and Mr. Wasserman supported Mr. Glickman’s request. Ms McNutt spoke of using every opportunity to hold on to the Town’s RDA funds. She asked that staff communicate with Cupertino and Sunnyvale to see how they coordinated these issues with the school district to define the concerns, identify where the money goes, and determine what services to support or cut . She noted that fact sheets need to be simplified with easy language for folks to be informed about how their tax dollars are used. MINUTES OF JANUARY 21, 2003 (06B.V) N:\CLK\Council Minutes\2003\M 02-03-03.wpd 7 Town Council Minutes February 3, 2003 Redevelopment Agency Los Gatos, California Council Consensus to change Page 5 under Council Comments as follows: remove that first portion of Mr. Wasserman’s comments and add, “...and that three homes providing larger lots and more open area will be more compatible to the Monroe Court neighborhood than four homes.” The full comment from Mr. Wasserman should then read: Mr. Wasserman requested a more compatible design to enhance the property; that there be a redesign for three homes to reflect the history of the neighborhood; and that three homes providing larger lots and more open area will be more compatible to the Monroe Court neighborhood than four homes. ADJOURNMENT Mayor Decker closed this evening’s meeting at 10:29 p.m. ATTEST: Marian V. Cosgrove Town Clerk N:\CLK\Council Minutes\2003\M 02-03-03.wpd 8