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M 03-15-04TOWN OF LOS GATOS CALIFORNIA TOWN COUNCIL/PARKING AUTHORITY JOINT REDEVELOPMENT AGENCY MARCH 15, 2004 / MINUTES Los Gatos Civic Center 110 E. Main Street Los Gatos, CA 95030 TIME ITEM ACTION ON ITEM 7:00 PM 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 7:00 p.m., Monday, March 15, 2004, in a joint regular session. 7:01 PM ROLL CALL Present:Sandy Decker, Diane McNutt, Joe Pirzynski, Mike Wasserman and Mayor/Chairman Glickman. Absent:None 7:02 PM PLEDGE OF ALLEGIANCE The audience was invited to participate in the Pledge of Allegiance. 7:03 PM 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 regarding Labor Negotiations. Town Negotiator: Gary Rogers, Human Resources Director. Employee Organizations: Town Employees’ Association (TEA); AFSCME; Confidential Unit; Management; and Police Officers Assoc. Council gave direction to Town’s negotiator and there was no further reportable action taken. Pursuant to Government Code Section 54956.8 regarding Conference with Real Property Negotiator concerning property at Knowles Avenue negotiating price and terms of payment between Town of Los Gatos and County of Santa Clara. Council gave direction to Town’s negotiator. There was no reportable action taken. Also reported that Council met pursuant to Government Code Section 54956.9[a] regarding Conference with Legal Counsel concerning Existing Litigation. City of Cerritos et al. vs State Board of Equalization. Direction was given to Town Attorney with a unanimous vote from Council to become a party to the case. PRESENTATION Mayor Glickman presented a Commendation of Recognition to the Jazz Purr Chorus Group from Los Gatos High School. They performed some of their work for the audience which they will also present in New York next month. The audience applauded their efforts and the Mayor wished them well in their future endeavors. 7:04 CONSENT ITEMS CONSENT ITEMS N:\MASTER\COUNCIL\MINUTES\2004\M 03-15-04.wpd 1 TIME ITEM ACTION ON ITEM PM ITEM 1 SCHEDULE OF PUBLIC HEARINGS Motion by Mrs. Decker, seconded by Mr. Wasserman, that Council accept and file informational report regarding currently scheduled public hearings. Carried unanimously. (01.28) ITEM 2 PAYROLL RATIFICATION FOR FEBRUARY 2004 Motion by Mrs. Decker, seconded by Mr. Wasserman, that Council ratify the check register for payroll of February 15, 2004 through February 28, 2004 paid on March 5, 2004 in the amount of $544,896.40. Carried unanimously. (02.V) ITEM 3 ACCOUNTS PAYABLE RATIFICATION Motion by Mrs. Decker, seconded by Mr. Wasserman, that Council ratify the check register for accounts payable invoices paid on February 27, 2004 and March 5, 2004 in the amount of $451,223.96. Carried unanimously. (03.V) ITEM 4 TREASURER’S REPORT Motion by Mrs. Decker, seconded by Mr. Wasserman, to accept Treasurer’s report for month ending January 31, 2004. Carried unanimously. (04.02) ITEM 5 CABLE TELEVISION FRANCHISE WITH COMCAST CORP. Resolution 2004-26 Motion by Mrs. Decker, seconded by Mr. Wasserman, that Council adopt Resolution 2004-26 entitled, RESOLUTION OF TOWN OF LOS GATOS APPROVING AN AMENDMENT EXTENDING THE CABLE TELEVISION FRANCHISE AGREEMENT WITH COMCAST CORPORATION FROM MARCH 31, 2004 TO MARCH 31, 2005. Carried unanimously. (05.35) ITEM 6 DISADVANTAGED BUSINESS ENTERPRISE (DBE) FUNDING Resolution 2004-27 Motion by Mrs. Decker, seconded by Mr. Wasserman, that Council adopt Resolution 2004-27 entitled, RESOLUTION OF TOWN OF LOS GATOS AUTHORIZING DISADVANTAGED BUSINESS ENTERPRISE (DBE) PARTICIPATION FOR USE ON U.S. DEPARTMENT OF TRANSPORTATION FUNDED PROJECTS FOR FISCAL YEAR 2003-2004. Carried unanimously. (06.24) ITEM 7 PROJECT 0409A PARKING LOT 4 REPAIRS RAINBOW WATER- PROOFING Resolution 2004-28 Motion by Mrs. Decker, seconded by Mr. Wasserman, that Council adopt Resolution 2004-28 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AWARDING A CONSTRUCTION CONTRACT WITH RAINBOW WATERPROOFING FOR PROJECT 0409A - PARKING GARAGE #4 REPAIRS AND REHABILITATION -IN THE AMOUNT OF $120,727.65 AND AUTHORIZING CHANGE ORDERS UP TO $20,000. Carried unanimously. (07.24) ITEM 8 PROJECT 0207 INFRASTRUCTURE ASSET MANAGE’T CARTEGRAPH SYSTEMS, INC. Motion by Mrs. Decker, seconded by Mr. Wasserman, that Council adopt Resolution 2004-29 entitled, RESOLUTION OF THE TOWN OF LOS GATOS APPROVING AN AGREEMENT WITH CARTEGRAPH SYSTEMS, INC. FOR SOTWARE, SUPPORT, AND IMPLEMENTATION RESOURCES FOR THE TOWN WIDE INFRASTRUCTURE ASSET MANAGEMENT - N:\MASTER\COUNCIL\MINUTES\2004\M 03-15-04.wpd 2 TIME ITEM ACTION ON ITEM Resolution 2004-29 PROJECT 0207. Carried unanimously. (08.24) ITEM 9 BLOSSOM HILL MANOR #11 ANNEX CONSENT ITEM This item has been pulled and will be heard after Item 16. ITEM 10 ENGLEWOOD #5 ANNEXATION Resolution 2004-30 Motion by Mrs. Decker, seconded by Mr. Wasserman, that Council adopt Resolution 2004-30 entitled, RESOLUTION OF TOWN OF LOS GATOS ORDERING THE REORGANIZATION OF CERTAIN UNINHABITED TERRITORY DESIGNATED AS ENGLEWOOD AVENUE #5 [APN: 532-05-015] (16471 ENGLEWOD AVENUE) TO THE TOWN OF LOS GATOS. Carried unanimously. (10.26) ITEM 11 HICKS ROAD 17101 GREENBRIAR CONSENT ITEM This item has been pulled and will be heard after Item 16. ITEM 12 ORDINANCE RENTALS LANDLORD AND TENANT DISPUTES Ordinance 2128 Motion by Mrs. Decker, seconded by Mr. Wasserman, that Council adopt Ordinance 2128 entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE LOS GATOS TOWN CODE, CHAPTER 14, ARTICLE VII, RENTAL AND OTHER LANDLORD/TENANT DISPUTES, which was introduced at the Council meeting of March 1, 2004. Carried unanimously. (12.39) 7:04 REDEVELOPMENT REDEVELOPMENT AGENCY AGENDA ITEM 13 ACCOUNTS PAYABLE RATIFICATION Motion by Mrs. Decker, seconded by Mr. Wasserman, that the Agency ratify the check register for accounts payable invoices paid on February 27, 2004 and March 5, 2004 in the amount of $30,100.00. Carried unanimously. (13.V) 7:04 COUNCIL/AGENCY TOWN COUNCIL/REDEVELOPMENT AGENCY ITEM 14 MINUTES MARCH 1, 2004 Motion by Mrs. Decker, seconded by Mr. Wasserman, that the Town Council/Redevelopment Agency approve the Minutes of the Joint Regular Meeting March 1, 2004 as submitted. Carried unanimously. (14.V) ITEM 15 ANNUAL FINANCIAL REPORT Motion by Mrs. Decker, seconded by Mr. Wasserman, that the Town Council/Redevelopment Agency accept the 2002-2003 Comprehensive Annual Financial Report (CAFR) and Memorandum on Internal Control Structure. Carried unanimously. (15.V) 7:14 COMMUNICATIONS VERBAL COMMUNICATIONS 7:14 SPEAKER Paul Dubois spoke of cost savings possibilities within municipal operations. He focused on false alarm responses from the police department and suggested keeping the current fees and practices in addressing them. He also noted that he was not in favor of the Town implementing a police impound yard and addressed costs associated with that service. N:\MASTER\COUNCIL\MINUTES\2004\M 03-15-04.wpd 3 TIME ITEM ACTION ON ITEM 7:18 SPEAKER Ray Davis noted that he would not pledge allegiance to the flag in these chambers in protest to his arrest for initiating disruptive behavior in the Civic Center. He reminded Council that they could collect Park Dedication Fees on each new development if they so chose; and spoke again concerning Safe Routes to School programs in Los Gatos, especially at the Shannon Road-Los Gatos Boulevard location. PUBLIC HEARING PUBLIC HEARING - APPEAL 7:20 PM ITEM 16 15047 LOS GATOS BOULEVARD MEDICAL OFFICE LOS GATOS BOULEVARD 15047/MEDICAL OFFICE SPACE Mayor Glickman announced that this was the time and place duly noticed for holding a public hearing to consider an appeal of the decision of the Planning Commission denying a request to demolish a single family residence and consider a request for approval of a Planned Development to change the zone from CH to CH:PD to construct a two-story office building. No significant environmental impacts have been identified as a result of this project, and a Mitigated Negative Declaration is recommended. Planned Development Application PD-04-2, Negative Declaration ND-04-1, Architecture and Site Application S-04-05. APN 424-07-087. Property Location: 15047 Los Gatos Boulevard. Property Owner/Appellant: Josco Properties. Applicant: John Lien, Architect. (16.15) 7:21 STAFF REPORT Bud Lortz, Director of Community Development, reported on the history of this application and the work that has been done with staff, applicants and community. He explained the parking ratios between doctors’ offices and retail space, and also the different requirements for the different types of businesses and their clientele. ITEM 16 SPEAKERS SPEAKERS ON ITEM 16 – LOS GATOS BOULEVARD 15047 MEDICAL OFFICE BUILDING 7:30 APPLICANT/ APPELLANT John Lien, representing Doctor Joan Oloff, spoke of the history of the project and the various design elements involved. APPELLANT Brad Krouskup, representing the applicant, spoke of the design of the building to house and support the work of some very talented physicians. He noted that this building, and others similar to it, will bring economic stability to the area which in turn will encourage the growth of retail shops over time. 7:44 SPEAKER Paul Dubois believes the Council should uphold the appeal. He spoke of the Planning Commission needing four members to make a decision. They found the design was excellent and believed they should have been able to consider the application for its architectural value. He noted that there was no attraction for retail in this area at this time and that Council should begin to set precedents and policies for how it is going to proceed with this segment of our Town. ITEM 16 SPEAKERS CONTINUED SPEAKERS ON ITEM 16 – LOS GATOS BOULEVARD 15047 MEDICAL OFFICE BUILDING PUBLIC HEARING-APPEAL 7:48 SPEAKER Rob Naber, owner of Physical Therapy of Los Gatos, noted that he N:\MASTER\COUNCIL\MINUTES\2004\M 03-15-04.wpd 4 TIME ITEM ACTION ON ITEM would like to keep his growing practice in Los Gatos and be able to offer additional services to the community. 7:50 “Matthew Mingrone, facial reconstruction physician, spoke of his growing practice and the need for additional work space to offer his services to the community from a professional facility. 7:52 “Peter Abaci, MD, pain management practitioner, spoke of a facility that is able to integrate various pain management practices. He noted that there are no current accommodations available for this type of service, and he affirmed that he was looking forward to being able to work in the 10,000 square foot center. 7:53 “John Massey, MD, offering special services for chronic disabilities, spoke of integrating services with psychlogists and physical therapists to meet the needs of over 100 new patients a month calling for appointments. 7:56 “Joan Oloff, representing JOSCO, spoke about her colleagues with pride. She is very pleased to be working with such talented individuals, and noted that they had been hand picked for this location and that they all worked through problems with care and encouragement. She then noted that the synergy developed by bringing clients to this facility for healing would also develop a need for other services in this vicinity and on the boulevard. 7:59 “Ray Davis asked that retail be supported in this building and that this type of business be encouraged on the boulevard. He also asked that soccer fields be encouraged for this area. 8:02 “Bill Hirschman noted that this was a well designed and appropriate building for this area. He spoke to the fact that this section of Town was, is now, and will continue to be a mixture of retail, office, and service businesses. He asked that Council allow the market place to decide when retail is economically feasible in the North 40. He suggested designing sufficient parking at this time to accommodate retail in the future. ITEM 16 SPEAKERS CONTINUED SPEAKERS ON ITEM 16 – LOS GATOS BOULEVARD 15047 MEDICAL OFFICE BUILDING PUBLIC HEARING-APPEAL 8:09 “Michael Kane, MD spoke in support and for allowing retail in the future. 8:12 “Joseph Gemignami spoke in favor of the project and the upgrading of that particular area and believes it is a betterment for the Town. 8:13 APPLICANT Brad Krouskup reaffirmed the plans for the project; noted that the proposal provided for the community good; spoke of the many excellent physicians prepared to bring care to our Town; and spoke of the evolutionary nature of planning. 8:15 PM ITEM 16 CLOSED PUBLIC HEARING Mayor Glickman closed the public hearing. N:\MASTER\COUNCIL\MINUTES\2004\M 03-15-04.wpd 5 TIME ITEM ACTION ON ITEM 8:15 PM 1ST MOTION Motion by Mr. Wasserman, seconded by Mrs. Decker, that Council grant the appeal. Council Comments and Discussion: * This site is good for doctors’ offices as it is close to Good Samaritan Hospital and close to the other physicians offices in the area. * Nominal retail can be portion of the general office functions. * If a physician leaves his office space then retail can move in. * There can be a natural filling of retail in vacated space. * As this area develops there will also be a developing need for retail. * Council should resurrect the Boulevard Plan and prepare a more specific plan. ----Traffic needs to be addressed. ----Impacts of uses need to be defined ----Planning needs to have complete parameters to work within to formulate answers to the many questions that have risen. ----Retail will eventually settle in the area. ----A North 40 Specific Plan needs to be developed. ----An advisory committee may be formed to develop this plan. MOTION AMENDMENT Mr. Glickman asked for a minor condition: That retail space be mandated if the medical uses ceases to remain in this facility. This was not acceptable to the maker and seconder of the motion. ITEM 16 CONTINUED ITEM 16 – LOS GATOS BOULEVARD 15047 MEDICAL OFFICE BUILDING PUBLIC HEARING-APPEAL 1ST MOTION TABLED Mr. Wasserman, maker of the motion, tabled the motion on the floor in order to attend to other items that must come before the final motion. . ITEM 16 NEGATIVE DEC. Motion by Mr. Wasserman, seconded by Mrs. Decker, that Council make the Negative Declaration as appears in Exhibit 1 of Attachment 6 of this evening’s staff report to Council. Carried unanimously. ITEM 16 MITIGATION MONITORING PLAN Motion by Mr. Wasserman, seconded by Mrs. Decker, that Council adopt the Mitigation Monitoring Plan as appears in Attachment 2 of this evening’s staff report to Council. Carried unanimously. 8:43 PM ITEM 16 A&S: S-04-5 PD: PD-04-2 REQUIRED FINDINGS Motion by Mr. Wasserman, seconded by Mr. Glickman, that Council approve Architecture and Site application S-04-5 and Planned Development application PD-04-2 and make the required findings as appears in Attachment 1 of this evening’s staff report to Council. Carried unanimously. Findings by Mr. Pirzynski: * As required in architecture and site approval by the Town Code for demolition of a residence Council has considered the maintenance of Town’s housing stock; preservation of historic structures; property owner’s desire to maintain the structure; and economic utility of the building. * As required by the Town’s Infill Policy for Community Benefit N:\MASTER\COUNCIL\MINUTES\2004\M 03-15-04.wpd 6 TIME ITEM ACTION ON ITEM Council has considered that the project will contribute to further appropriate development of the neighborhood with improved circulation, elimination of blighted area, increased architectural unity, and improvement in the existing quality of life. The infill project blends well with the established plans for this area with its excellent design and adherences to all appropriate Architecture and Site requirements. The applicant has clearly demonstrated the requirement for excellence of design, and the project demonstrates a strong community benefit which is part of the public record. * Traffic Policy is addressed in that the benefits of the project have been identified and they clearly outweigh the impacts as Council prepares to approve the project also finding consistency with Town’s General Plan. ITEM 16 CONTINUED ITEM 16 – LOS GATOS BOULEVARD 15047 MEDICAL OFFICE BUILDING PUBLIC HEARING-APPEAL 8:43 READING OF TITLE Town Clerk read the Title of the Proposed Ordinance. 8:46 WAIVER OF READING Motion by Mr. Wasserman, seconded by Mrs. Decker, to waive the reading of the Proposed Ordinance. Carried unanimously. 8:47 PM 1ST MOTION FINALIZED ITEM 16 Motion by Mr. Wasserman, seconded by Mrs. Decker, that Council introduce the Proposed Ordinance entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONING ORDINANCE EFFECTING A ZONE CHANGE FROM CH TO CH:PD AT 15047 LOS GATOS BOULEVARD, with the findings which were just articulated and are part of the record; and with Paragraph 6 of the ordinance, revised to read, “Retail and /or restaurant uses are permitted on the ground floor that fronts on to Los Gatos Boulevard. This condition supercedes the Floor Plans of the Official Development Plan.” Carried unanimously. CONSENT ITEMS PULLED CONSENT ITEMS 8:55 PM CONSENT ITEM 9 BLOSSOM HILL #11 ANNEXATION CONSENT ITEM CONTINUED Item 9 was pulled from the consent calendar. ITEM 9 STAFF PRESENTATION BLOSSOM HILL MANOR #11 ANNEXATION ELECTION DATES TO BE CONSIDERED Mayor Glickman announced that this was the time and place so noted to consider the adoption of resolution making findings concerning the value of written protests filed and not withdrawn and ordering the reorganization of the territory known as Blossom Hill #11 and setting an election concurrent with the November 2004 General Election. Council questioned the advisability of the November election and asked that staff review the options for an earlier election and report back to Council. Comparable costs for both types of election are to be addressed. N:\MASTER\COUNCIL\MINUTES\2004\M 03-15-04.wpd 7 TIME ITEM ACTION ON ITEM CONSENT ITEM 9 CONTINUED BLOSSOM HILL MANOR #11 ANNEXATION ELECTION DATES TO BE CONSIDERED SPEAKERS The following people from the audience addressed this issue: These speakers from the Blossom Hill #11 Annexation area requested an earlier election date and a mailed ballot: * Larry Gerston * Carol Gruetzner This speaker from the Blossom Hill #11 Annexation area requested that the question be placed on the Consolidated Municipal General Election in November: * Cindy Steele 9:15 PM MOTION ITEM 9 BLOSSOM HILL #11 ANNEXATION ELECTION DATES FOR BLOSSOM HILL MANOR #11 Council consensus to have staff review the alternatives for an earlier mailed ballot election. (09.03) CONSENT ITEM PULLED CONSENT ITEM 9:17 ITEM 11 HILLSIDE STANDARDS SPEAKER HICKS ROAD 17101–PLANNED DEVELOPMENT HILLSIDE STANDARDS–GREENBRIER Speaker Ray Davis spoke of maintaining the Hillside Standards and spoke of the height, bulk and mass. He also referred to the garages that can be placed in the basement. He asked Council to reconsider its decision. 9:21 ITEM 11 MOTION GREENBRIER Motion by Mr. Pirzynski, seconded by Mrs. Decker, that Council adopt Resolution 2004-32 entitled, RESOLUTION OF TOWN OF LOS GATOS GRANTING IN PART AND DENYING IN PART APPEALS OF A PLANNIING COMMISSION DECISION APPROVING 13 NEW SINGLE FAMILY RESIDENCES WITHIN AN APPROVED PLANNED DEVELOPMENT ON PROPERTY ZONED HR-5:PD, which is reflected in this evening’s desk item before Council and which contains the adaptation of Item E- 4 asnoted by staff. Carried unanimously. (11.15) 9:22 PM ITEM 17 COUNCIL MATTERS ITEM 17–COUNCIL MATTERS (17.28) Councilmember McNutt and Council Member Decker addressed Council policies and the updated draft that staff will be bringing forward on a future agenda. She also asked specifically about active campaigning on Town property. Are there restrictions within so many feet, for instance at the Farmer’s Market or during the summer concert series? Town has a policy on when to take down political signs, and does Council wish to establish guidelines on when to put up political signs? Should Council Members endorse political candidates and if so can they do this publically? Council Consensus to pursue these N:\MASTER\COUNCIL\MINUTES\2004\M 03-15-04.wpd 8 TIME ITEM ACTION ON ITEM questions and present a report to Council on a future agenda Councilmember Pirzynski announced the approval and unanimous vote of the Santa Clara County Cities’ Association for the endorsement of the Citipac Initiative. Councilmember Pirzynski inquired about the policy for pulled items and asked if they could be heard before the public hearings. Attorney Korb said he would look into this and report back to Council. Councilmember Decker spoke of two weekend events that took place. One was a performance by the Los Gatos Jazz Purr, the other was an event for the Under 21 Club on Saturday from 7pm to 10pm at the Los Gatos Bar and Grill. 9:34 PM ITEM 18 MANAGER MATTERS There were no Manager Matters presented this evening. (18.28) 9:34 PM ADJOURNMENT Mayor Glickman adjourned this evening’s meeting at 9:34 PM N:\MASTER\COUNCIL\MINUTES\2004\M 03-15-04.wpd 9 Town Council Minutes March 15, 2004 Redevelopment Agency Los Gatos, California ATTEST: Marian V. Cosgrove Town Clerk Secretary to the Redevelopment Agency N:\MASTER\COUNCIL\MINUTES\2004\M 03-15-04.wpd 10