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M 12-15-03TOWN OF LOS GATOS CALIFORNIA TOWN COUNCIL/PARKING AUTHORITY JOINT REDEVELOPMENT AGENCY December 15, 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 7:13 p.m., Monday, December 15, 2003, in joint regular session. ROLL CALL Present:Sandy Decker, Diane McNutt, Joe Pirzynski, Mike Wasserman and Mayor/Chairman Steve Glickman. Absent:None. PLEDGE OF ALLEGIANCE Given by all in attendance. CLOSED SESSION (XX.28) Town Attorney, Orry Korb, reported that Council had met in Closed Session this evening pursuant to Government Code Section 54957.6 concerning Conference with Labor Negotiator. Town Negotiator Gary Rogers, Human Resources Director conferring with Employee Organizations: Town Manager; Management Employees; Confidential Employees; Town Employees’ Association; American Federation of State, County and Municipal Employees (AFSCME); and Police Officers’ Association (POA). Direction was given. No final actions were taken. ART SELECTION PANEL/APPOINTMENT (00.12) Mayor Glickman announced that one application had been received from Carrie Brunner for the one vacancy on the Art Selection Panel. Voting was held and Ms Brunner was appointed to term ending 7/01/05. BUILDING BOARD OF APPEALS/APPOINTMENTS (00.12) Mayor Glickman announced that two applications had been received from Tom Kane, and Edward Meserve for the three vacancies on the Building Board of Appeals. Voting was held and Mr. Kane and Mr. Meserve were reappointed to terms ending 1/1/06. COMMUNITY SERVICES COMMISSION/APPOINTMENTS (00.12) Mayor Glickman announced that no applications had been received for the three vacancies on the Community Services Commission. These vacancies will be re-advertised. GENERAL PLAN COMMITTEE/APPOINTMENT (00.12) Mayor Glickman announced that one application had been received from Mark Weiner for the one vacancy on the General Plan Committee. Voting was held and Mr. Weiner was reappointed to term ending 1/1/08. N:\CLK\Council Minutes\2004\M 12-15-03.wpd Town Council Minutes December 15, 2003 Redevelopment Agency Los Gatos, California PARKS COMMISSION/APPOINTMENT (00.12) Mayor Glickman announced that one application had been received from Jim Handy for the one vacancy on the Parks Commission. Voting was held and Mr. Handy was appointed to term ending 4/1/07. PERSONNEL BOARD/APPOINTMENT (00.12) Mayor Glickman announced that one application had been received from Paul DeCharme for the one vacancy on the Personnel Board. Voting was held and Mr. DeCharme was appointed to term ending 9/1/08. TRANSPORTATION AND PARKING COMMISSION/APPOINTMENT (00.12) Mayor Glickman announced that one application had been received from Edgar La Veque for the two vacancies the Transportation and Parking Commission. Voting was held and Mr. La Veque was reappointed to term ending 1/1/08. BUSINESS COMMENDATION/TOM AND MAUREEN ALBANESE/CAMPO DI BOCCE (00.28) Councilmember Pirzynski presented Town Commendations to both Tom and Maureen Albanese for their work in establishing the premier Bocce Ball center in Northern California. They have continued to support the community by offering a unique venue for charitable organizations to hold exciting fund raising events and to support Los Gatos in its many civic functions. Tom Albanese was present to accept the commendation on behalf of himself and Maureen. He thanked the Town for its recognition and extended his continued support to our community. CONSENT CALENDAR RATIFICATION OF PAYROLL/NOVEMBER 2003 (02.V) Motion by Mrs. Decker, seconded by Mr. Pirzynski, that Council ratify the check register for payroll of November 9, 2003 through November 22, 2003 paid on November 26, 2003 in the amount of $596,205.69. Carried unanimously. ACCOUNTS PAYABLE/RATIFICATION/NOVEMBER 2003 (03.V) Motion by Mrs. Decker, seconded by Mr. Pirzynski, that Council ratify the accompanying check registers for accounts payable invoices paid on November 21, 2003 and November 26, 2003 in the amount of $2,196,036.13. Carried unanimously. MINUTES OF DECEMBER 1, 2003 (04.V) Motion by Mrs. Decker, seconded by Mr. Pirzynski, that Council approve the Minutes of December 1, 2003, Joint Town Council/Redevelopment Agency Meeting as submitted. Carried unanimously. NINA COURT 130/PUBLIC STORM DRAINAGE IMPROVEMENTS (05.40) Motion by Mrs. Decker, seconded by Mr. Pirzynski, that Council authorize payment for construction of Storm Drain improvements on Causey Lane; authorize payment for preparation of drainage easement documents; and authorize budget adjustment in the amount of $109,300 payable from Storm Drain Fees Fund - Basin #1. Carried unanimously. N:\CLK\Council Minutes\2004\M 12-15-03.wpd 2 Town Council Minutes December 15, 2003 Redevelopment Agency Los Gatos, California COUNCIL COMMITTEE APPOINTMENTS/JANUARY 2004 (06.12) Motion by Mrs. Decker, seconded by Mr. Pirzynski, that Council adopt the Council Committee Appointments effective January 2004 as they appear in the desk item before Council this evening. Carried unanimously. SILICON VALLEY ANIMAL CONTROL AUTHORITY/RESOLUTION 2003-140 (07.36) Motion by Mrs. Decker, seconded by Mr. Pirzynski, that Council adopt Resolution 2003-140 entitled, RESOLUTION OF THE TOWN OF LOS GATOS APPROVING A SECOND AMENDMENT TO SECOND RESTATED AND AMENDED JOINT POWERS AGREEMENT CREATING THE SILICON VALLEY ANIMAL CONTROL AUTHORITY. Carried unanimously. HILOW ROAD #1/ANNEXATION/REORGANIZATION/RESOLUTION 2003-141 (08.26) Motion by Mrs. Decker, seconded by Mr. Pirzynski, that Council adopt Resolution 2003-141 entitled, RESOLUTION OF THE TOWN OF LOS GATOS MAKING DETERMINATIONS AND APPROVING THE REORGANIZATION OF TERRITORY DESIGNATED “HILOW ROAD #1" LOCATED AT 16465 HILOW ROAD. Carried unanimously. BLOSSOM HILL MANOR #1/ANNEXATION/REORGANIZATION/RESOLUTION 2003-142 (09.26) Motion by Mrs. Decker, seconded by Mr. Pirzynski, that Council adopt Resolution 2003-142 entitled, RESOLUTION OF THE TOWN OF LOS GATOS MAKING DETERMINATIONS AND SETTING DATE FOR CONSIDERATION OF REORGANIZATION OF AREA DESIGNATED AS “BLOSSOM HILL MANOR #11" LOCATED NEAR THE INTERSECTION OF LILAC LANE AND OLEANDER AVENUE. Carried unanimously. JOINT COUNCIL-AGENCY CONSENT CALENDAR PROJECT 0336B/MONTEBELLO PARKING LOT/RESOLUTIONS 2003-143 & 2003-31RD (10.24) Motion by Mrs. Decker, seconded by Mr. Pirzynski, that Council/Agency adopt Resolutions 2003- 143 & 2003-31RD entitled, RESOLUTION OF THE TOWN COUNCIL AND REDEVELOPMENT AGENCY OF THE TOWN OF LOS GATOS AWARDING A CONSTRUCTION CONTRACT TO JOSEPH J. ALBANESE, INC. FOR PROJECT 0336B - MONTEBELLO PARKING LOT IMPROVEMENTS , and authorizing staff to execute future change orders to the construction contract as necessary up to an amount of $20,000. Carried unanimously. AGENCY’S ANNUAL REPORT FOR 2002-2003/RESOLUTION 2003-144 & 2003-30RD (11.27) Motion by Mrs. Decker, seconded by Mr. Pirzynski, that Council/Agency adopt Resolutions 2003- 144 & 2003-30RD entitled, RESOLUTION OF THE TOWN COUNCIL AND REDEVELOPMENT AGENCY OF THE TOWN OF LOS GATOS APPROVING THE 2002- 2003 ANNUAL REPORT FOR THE LOS GATOS REDEVELOPMENT AGENCY. Carried unanimously. METOPOLITAN TRANSPORTATION COMMISSION/RESOLUTION 2003-145 & 2003-32RD (12.41) Motion by Mrs. Decker, seconded by Mr. Pirzynski, that Council/Agency adopt Resolutions 2003- N:\CLK\Council Minutes\2004\M 12-15-03.wpd 3 Town Council Minutes December 15, 2003 Redevelopment Agency Los Gatos, California 145 & 2003-32RD entitled, RESOLUTION OF THE TOWN COUNCIL AND REDEVELOPMENT AGENCY OF THE TOWN OF LOS GATOS SUPPORTING ENHANCED REGIONAL FUNDING FOR MAINTENANCE OF LOCAL STREETS AND ROADS. Carried unanimously. VERBAL COMMUNICATIONS (XX.28) Legal Process of Arrest: Ray Davis spoke of being arrested by the Los Gatos Police Department for raising his voice and disturbing the peace at the Civic Center. He noted that he was found guilty in the Superior Court of Santa Clara County and questioned the procedures and outcome of the legal system. PUBLIC HEARING RESERVOIR ROAD/REMOVAL OF RESERVOIR/SAN JOSE WATER/APPEAL (15.15) Mayor Glickman stated that this was the time and place duly noted for public hearing to consider an appeal of the decision of the Planning Commission denying an application to remove the existing reservoir and facilities and a four lot subdivision on property zoned R-1:20. No significant environmental impacts have been identified as a result of this project and a Mitigated Negative Declaration is recommended. APN 529-31-041. Architecture and Site Application S-01-77. Subdivision Application M-01-13. Negative Declaration ND-01-11. Property Location: Reservoir Road. Property Owner - Applicant -Appellant: San Jose Water Company. Mayor Glickman noted that this item had been continued from August 18, 2003, November 17, 2003 and December 1, 2003. He then called for staff’s report. Bud Lortz, Director of Community Development, spoke of the history of this project, the grading and land fill proposals and the suggested sewer line designs. John Curtis, Public Works Director, spoke of the Environmental Study, the Traffic Study and the proposed sewer alternatives. He noted no evidence of contaminants beneath the reservoir in the conclusions of the environmental testing. He also spoke of the traffic staging plans for the construction trucks to address the business and schools’ needs, and also to work with the neighborhood on the its needs regarding pedestrians, cyclists and the condition of the roads at the conclusion of this project. Bud Lortz suggested treating the reservoir reclamation separate from the subdivision application. He also spoke of the 4 lot or 3 lot proposal; the decision for one of the sewer line proposals; the driveway locations of lot 1 and lot 4; the use of deed restrictions for the amount of fill; and deed restrictions for tree removals. Council Comments: Council considered the report and comments from staff and offered concerns and direction: That traffic officers be used to direct traffic if necessary and ensure the safety of the neighborhoods; That there be flexibility in the plan to take into consideration the schools’ schedules and peak traffic conditions; That the sewer line with the least impact seems most preferable; That the fill be designed to build slopes and not retaining walls; That the business community have its timing N:\CLK\Council Minutes\2004\M 12-15-03.wpd 4 Town Council Minutes December 15, 2003 Redevelopment Agency Los Gatos, California issues addressed also to minimize the impacts to the downtown; That the property owners for the sewer line placement have solid agreements available for execution between the Town and Sanitation District. PUBLIC HEARING CONTINUED RESERVOIR ROAD/REMOVAL OF RESERVOIR/SAN JOSE WATER/CONTINUED The following people from the audience spoke to this issue: Eric Morely introduced Mr. Pardini of San Jose Water Company. Richard Pardini, Vice President of San Jose Water, spoke of the history of this project and the many meetings held with staff and neighbors. He noted that no environmental issues were raised in the environmental report; that traffic safety concerning ongoing operations were being addressed; that the sewer alternatives were a decided community benefit; that the Water company and the neighbors were diligently seeking common ground on the many issues that have been raised; that the company preferred the four lot plan and the use of eight thousand cubic yards of fill understanding the the neighbors would prefer a three lot subdivision with only four thousand cubic yards of fill; that the company is prepared to meet the 150 conditions of approval; that the driveways would be changed allowing for appropriate sight distance at the corners; that the company would do all that was possible to preserve the existing trees; that plans would be developed with the preservation of the trees in mind and the reclamation of the natural slopes of the ravine. Norm Matteoni spoke of being within CEQA compliance and that the environmental report did not show any negative findings on the property. He asked that Council approve the A&S application, the Negative Declaration and the four lot proposal. Michael Thompson spoke of the traffic impacts, the large truck trailers, and the impacts to the business community at the corner of Main and College. Bob Simons asked Council for denial siting the traffic and development impacts on this residential area. Sallie Robbins-Druian asked for more time to work out the traffic impact issues. She asked that some work be done during Spring break when the schools will not be in session. She noted that Easter break does not work because many customers are out and about during that holiday season. She also asked that an eight day stretch of time not be used for staging activities because that would cause to great an impact on the businesses at one time. Suzanne Cochran asked that the reclamation be implemented first and the Planned Development be designed secondly. She requested no more that three lots with a minimum of fill to be used. She asked that a minimum of trees be removed and a cap be put on that number. She asked that the driveway be relocated for safety issues. Susan Kankel asked that Council deny the application. She favored reclamation only at this time. She also asked that only three lots be approved. She suggested four thousand cubic yards of fill if four homes are approved and eight thousand cubic yards if three lots are allowed. Art Bonner spoke of the ravine that was dammed in 1870 and asked that the site be returned to its natural habitat. He would like that accomplished before acting on the Planned Development. N:\CLK\Council Minutes\2004\M 12-15-03.wpd 5 Town Council Minutes December 15, 2003 Redevelopment Agency Los Gatos, California Dotti Bonner spoke of the traffic impacts, that number of lots and the amount of fill proposed. Ray Davis spoke of faulty engineering, a geotechnical slide study, ways to protect the residential and business communities and the traffic impacts. He asked for a geotechnical peer review for this project. Dennis McEvoy asked for denial stating that the site was not suitable for four lots. He noted that house sizes and the extensive tree removal that would impact the residential neighborhood. PUBLIC HEARING CONTINUED RESERVOIR ROAD/REMOVAL OF RESERVOIR/SAN JOSE WATER/CONTINUED The following people from the audience spoke to this issue/Continued: Kim Worsencroft asked that removal of the reservoir occur first and then reclamation of the land. The subdivision can be addressed after we know how the reclaimed property appears Steve Zientek asked for denial and spoke to the traffic, trucks and construction impacts at this time. He noted that this was originally a revine that first needed to be reclaimed. Shirley Henderson noted that the construction caravan for this project would be going right by her house and turning at her corner. She favors the proposal but would like the traffic issue studied further. Jay Conover spoke of the eleven days of disruption which would mark the beginning of the assault on the environment. Mike Kenney, Associate Engineer for the project, noted that four thousand cubic yards were the minimum amount of fill to bring the site to a level for safe reclamation. Norm Matteoni asked that the four lot proposal be considered in its entirety without any deed restrictions at this time. No one else from the audience addressed this item. Mayor Glickman closed the public hearing. Council Comments: Lots are at this time conceptual only Houses can meander through the trees Deed restrictions can restrict tree removal Council can consider the reclamation and planned development separately Guaranteed 8 day truck caravan with penalties assessed if the work is not completed on time Stage the truck caravans within a tight time schedule to limit impacts on the neighborhoods Use designed fill material to hold securely in the ravine Peer review reports ready for review and further reports will be required Consideration of shared driveways Develop site plan and subdivision plan to preserve trees A&S process will review structural design and not over consider trees Two and a half years of planning has gone into balancing property rights and neighbors’ concerns The amount of cut and fill is still the major concern The fewer truck trips for demolition and fill, and for construction the better Sewer line calling for less fill is satisfactory for all concerned N:\CLK\Council Minutes\2004\M 12-15-03.wpd 6 Town Council Minutes December 15, 2003 Redevelopment Agency Los Gatos, California Council Consensus: Demolish and remove the reservoir as safely and quickly as possible Reclaim the ravine with as little fill as possible so as to provide a safe site for the project and sewer line Engineer the demolition and reclamation to as few days as possible and still maintain all mitigation measures for safety and as little impact to pedestrians, joggers, cyclists, students, residents, businesses, schools and commuters in the staging of the demolition and reclamation. PUBLIC HEARING CONTINUED RESERVOIR ROAD/REMOVAL OF RESERVOIR/SAN JOSE WATER/CONTINUED Motion by Mrs. Decker, seconded by Mr. Wasserman, to grant the appeal in part; approve the demolition of the reservoir on Reservoir Road; reclaim the reservoir site allowing only four thousand cubic yards of fill; deny the subdivision application making the finding in Attachment 30 “Subdivision Application Findings” in the staff report; finding as in Item C, “that the site at this point is not physically suitable for the proposed density of the development.” Motion continued with Council discussion: Satisfied with the conceptual plans and analysis of the reclamation project Do not need to wait to see what the four thousand cubic yard fill will look like Believe that the site will be returned to natural slopes that are architecturally buildable Do not need to separate the demolition, reclamation and planned development Requests for staged traffic control plans between the demolition, reclamation and project development Called for the question: Motion failed with three Noes. Mrs. Decker and Mr. Wasserman voting Yea. Motion by Ms McNutt, seconded by Mr. Glickman, to approve the appeal; to overturn the Planning Commission decision making the findings that the policy determination of the Planning Commission was viewed differently by Council; also finding that the A&S application is consistent with the general plan and hillside specific plan and the zoning regulations as reflected in the Town Code; to approve the Negative Declaration; to approve the A&S reclamation application at four thousand cubic yards of fill; that the demolition and reclamation be divided into two components; that notification be given 30 days, 20 days and 10 days in advance of activities; that the notifications be given to everyone along the route, including schools, businesses and residents; that Council be appraised of the ramifications caused by these activities and the mitigation measures that are to be used in addressing them. Carried unanimously. Motion by Ms McNutt, seconded by Mr. Glickman, to approve the appeal on the four lot subdivision; to overturn the Planning Commission decision making the findings that the policy determination of the Planning Commission was viewed differently by Council; also finding that the A&S application is consistent with the general plan and hillside specific plan and the zoning regulations as reflected in the Town Code. N:\CLK\Council Minutes\2004\M 12-15-03.wpd 7 Town Council Minutes December 15, 2003 Redevelopment Agency Los Gatos, California Council Consensus During Discussion: The intent of restrictions is to preserve the hillside for the Town and the neighborhood There will be no deed restrictions at this time All plans at this time are only conceptual The number of impacted and removed trees shall be minimal Trees will be preserved wherever possible Trees will be marked and inspected by the Town N:\CLK\Council Minutes\2004\M 12-15-03.wpd 8 Town Council Minutes December 15, 2003 Redevelopment Agency Los Gatos, California PUBLIC HEARING CONTINUED RESERVOIR ROAD/REMOVAL OF RESERVOIR/SAN JOSE WATER/CONTINUED Council Consensus During Discussion Continued: (The direction of council is to minimize the number of trees that would be removed from Lots 1, 2, 3 & 4, based on the evidence that was provided through the public hearing process and which is already reflected in the public record. On lot 1 there would be no additional trees removed; on lot 2 there would be two trees removed; on lot 3 there would be 7 trees removed 2 of which would be transplanted; and on lot 4 no additional trees are to be removed. Staff and developer will continue to look for reductions in tree removal and realize that the plans are conceptual and still flexible if alternate trees can be removed if a superior design for the site is forthcoming that the neighbors would prefer.) There will be no flat building pads Footprint of the homes shall follow the contours of the land Building envelope shall be no more than 2,700 square feet on lot 3 The Town will utilize the building envelopes as provided through this hearing as the basis for determining Architecture & Site approval. Trees shall be preserved and building envelopes shall be limited to those shown on Attachment 44 of the Council Report dated December 1, 2003. Called for the question: Motion carried by a vote of 4 ayes. Mrs. Decker voting no. RECESS CALLED Mayor Glickman called a five minute break at 10:20 p.m. Meeting then resumed at 10:25 p.m. PULLED ITEM SCHEDULE OF PUBLIC HEARINGS (01.28) Ray Davis spoke against scheduling the Sobrato Planned Development for the January 20, 2004 meeting for public hearing. He asked that a different procedure be followed. Motion by Mr. Pirzynski, seconded by Ms McNutt, that Council accept and file informational report regarding currently scheduled public hearings. Carried unanimously. COUNCIL MATTERS (16.28) Oak Meadow Park Use/Soccer Teams Mr. Wasserman asked that the use of the Oak Meadow Park facilities be considered for Youth Soccer Games. Council discussed the possibilities of making more active use of our parks and other locations. Maintenance issues were noted and there was consensus to have the Parks Commission review the concept and report to Council for consideration at the Council Retreat January 24, 2004. MANAGER MATTERS (17.28) School Crossings: John Curtis, Public Works Director, reported on the ongoing work at the Shannon Road/Los Gatos Boulevard School Crossing location. This area is being monitored and several actions are being considered including meeting with school officials and Town staff to discuss safety issues. Budget Issues and Strategies: Debra Figone, Town Manager, presented the current analysis of Town’s resources and strategies that might be used to obtain a more balanced financial position over time. ADJOURNMENT Mayor Glickman closed this evening’s meeting at 10:33 p.m. ATTEST:Marian V. Cosgrove, Town Clerk N:\CLK\Council Minutes\2004\M 12-15-03.wpd 9