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M 08-02-04TOWN OF LOS GATOS CALIFORNIA TOWN COUNCIL/PARKING AUTHORITY JOINT REDEVELOPMENT AGENCY AUGUST 2, 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, June 7, 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 not met in Closed Session this evening. 7:03 PM PRESENTATIONS PRESENTATIONS COMMENDATION COMMUNITY APPRECIATION Mayor Glickman presented a Commendation from the Town to Jeffrey Totten, and Sergeant Tim Morgan for their efforts in solving the 20 year case concerning the disappearance and death of Russell Jordan. Both Mr. Totten and Sergeant Morgan were present to receive the commendation from the Mayor and to honor their contribution to our community and to the Russell family. 7:09 PM CONSENT ITEMS CONSENT ITEMS ITEM 1 SCHEDULE OF PUBLIC HEARINGS Motion by Mr. Wasserman, seconded by Mrs. Decker, that Council accept and file informational report regarding currently scheduled public hearings. (01.28) ITEM 2 COUNTY REFERRALS URBAN SERVICE AREAS Motion by Mr. Wasserman, seconded by Mrs. Decker, that Council accept the following staff recommendations on County Referrals: *None for Projects Outside Urban Service Area *No Status Reports for Previous Applications *The Following for Project Inside Urban Service Area Referral # 1387. Location 16227 Maya Way. Applicant, Stotler. Request for Design Review. Recommendation for Approval with four Conditions (02.31) ITEM 3 Motion by Mr. Wasserman, seconded by Mrs. Decker, that Council N:\MASTER\COUNCIL\MINUTES\2004\M 08-02-04.wpd 1 TIME ITEM ACTION ON ITEM PAYROLL RATIFICATION FOR JUNE-JULY 2004 ratify the check register for payroll of June 6, 2004 through June 19, 2004 paid on June 25, 2004; payroll of June 20, 2004 through July 3,2004 paid on July 9, 2004; and July 4, 2004 through July 17, 2004 paid on July 23, 2004 in the amount of $1,649,618.45. Carried unanimously. (03.V) ITEM 4 ACCOUNTS PAYABLE FOR JUNE- JULY 2004 Motion by Mr. Wasserman, seconded by Mrs. Decker, that Council ratify the check register for accounts payable invoices paid on June 18, 2004; June 25, 2004; July 9, 2004; July 16, 2004; and July 23, 2004 in the amount of $2,394,274.53. Carried unanimously. (04.V) ITEM 5 TREASURER’S REPORT MAY-JUNE 2004 Motion by Mr. Wasserman, seconded by Mrs. Decker, to accept Treasurer’s reports for the months ended May 31, 2004 and June 30, 2004. Carried unanimously. (04.02) ITEM 6 CREEKSIDE VILLAGE DRIVE MOBILE HOME PARK Motion by Mr. Wasserman, seconded by Mrs. Decker, that Council approve the request to add the name “Creekside Village Drive” to the Town’s official naming list. Carried unanimously. (05.15&Ad) ITEM 7 SHANNON OAKS LANE MOUNTAIN LAUREL LANE Motion by Mr. Pirzynski, seconded by Mrs. Decker, that Council approve the request to add the names “Shannon Oaks Lane” and Mountain Laurel Lane” to the Town’s official street naming list. Carried unanimously. (07.15&Ad) ITEM 8 MANAGER ACTION Motion by Mr. Wasserman, seconded by Mrs. Decker, that Council accept report on Town Manager approved actions during Council recess from July 1, 2004 to August 1, 2004. Carried unanimously. (08.28) 7:08 CONSENT ITEMS CONSENT ITEMS CONTINUED ITEM 9 ROBERTS ROAD BRIDGE Pulled Item to be heard after Item 17. ITEM 10 VASONA LOOP TRAIL Pulled Item to be heard after Item 17. ITEM 11 LEAGUE OF CALIF CITIES VOTING DELEGATE Motion by Mr. Wasserman, seconded by Mrs. Decker, that Council appoint Mayor Steve Glickman as the primary voting delegate and Council member Sandy Decker as the alternate voting delegate for the League of California Cities Annual Conference scheduled for September 17-19, 2004 in Long Beach. Carried unanimously. (11.12) ITEM 12 Resolution 2004-97 FEE SCHEDULE FOR Motion by Mr. Wasserman, seconded by Mrs. Decker, that Council adopt Resolution 2004-97 entitled, RESOLUTION OF TOWN OF LOS GATOS ESTABLISHING AN ADMINISTRATIVE CITATION SCHEDULE OF PENALTIES FOR VIOLATIONS OF THE LOS GATOS TOWN CODE. Carried unanimously. N:\MASTER\COUNCIL\MINUTES\2004\M 08-02-04.wpd 2 TIME ITEM ACTION ON ITEM VIOLATIONS (08.37) ITEM 13 Resolution 2004-98 PROJECT 0409A PARKING GARAGE REPAIR RAINBOW WATERPROOFING Motion by Mr. Wasserman, seconded by Mrs. Decker, that Council adopt Resolution 2004-98 entitled, RESOLUTION OF THE TOWN OF LOS GATOS ACCEPTING WORK OF RAINBOW WATERPROOFING, INC. FOR PROJECT 0409A - PARKING GARAGE REPAIR AND REHABILITATION AND AUTHORIZI N G THE TOWN MANAGER TO EXECUTE CERTIFICATE OF ACCEPTANCE AND NOTICE OF COMPLETION FOR RECORDING BY TOWN CLERK, Carried unanimously. (14.24) ITEM 14 SHANNON VALLEY RANCH TRACT 9505 FINAL MAP Pulled Item to be heard after Item 17 REDEVELOPMENT REDEVELOPMENT AGENCY ITEM 15 ACCOUNTS PAYABLE FOR JULY 2004 Motion by Mr. Wasserman, seconded by Mrs. Decker, that the Agency ratify the check register for accounts payable invoices paid on June 18, 2004; June 25, 2004; July 9, 2004; July 16, 2004; and July 23, 2004 in the amount of $270,195.77. Carried unanimously. (15.V) 7:08 CONSENT ITEMS CONSENT ITEMS CONTINUED 7:08 COUNCIL/AGENCY TOWN COUNCIL/REDEVELOPMENT AGENCY ITEM 16A MINUTES JUNE 21, 2004 Motion by Mr. Wasserman, seconded by Mrs. Decker, that the Town Council/Redevelopment Agency approve the Minutes of the Joint Regular Meeting of June 21, 2004 as submitted. Carried unanimously. (16A.V) ITEM 16B MINUTES JUNE 29, 2004 Motion by Mr. Wasserman, seconded by Mrs. Decker, that the Town Council/Redevelopment Agency approve the Minutes of the Joint Regular Meeting of June 29, 2004 as submitted. Carried unanimously. (16B.V) ITEM 17 Resolutions 2004-99 & 2004-11RD PROJECT 0344 DOWNTOWN ALLEY IMPROVEMENTS Motion by Mr. Wasserman, seconded by Mrs. Decker, that Council/ Agency adopt Resolutions 2004-99 & 2004-11RD entitled, RESOLUTION OF THE TOWN COUNCIL/REDEVELOPMENT AGENCY OF THE TOWN OF LOS GATOS ACCEPTING WORK OF JOSEPH J. ALBANESE, INC. FOR PROJECT 0344 - DOWNTOWN ALLEY IMPROVEMENTS AND AUTHORIZING THE TOWN MANAGER/EXECUTIVE DIRECTOR TO EXECUTE CERTIFICATE OF ACCEPTANCE AND NOTICE OF COMPLETION FOR RECORDING BY TOWN CLERK/SECRETARY OF THE REDEVELOPMENT AGENCY. Carried unanimously. (17.24) 7:10 PM PULLED CONSENT PULLED CONSENT ITEMS ITEM 9 Councilmember McNutt asked that this item be re-agendized so that N:\MASTER\COUNCIL\MINUTES\2004\M 08-02-04.wpd 3 TIME ITEM ACTION ON ITEM ROBERTS ROAD BRIDGE there may be an opportunity for comments and input from the surrounding neighborhoods. Council consensus to continue this item to a future agenda. 7:12 PM ITEM 10 VASONA LOOP TRAIL Councilmember McNutt asked that this item be re-agendized so that a public presentation regarding the efforts that went into this study could be seen and heard by the community. Council consensus to continue this item to a future agenda. PULLED CONSENT PULLED CONSENT ITEM CONTINUED 7:14 PM ITEM 14 SHANNON VALLEY RANCH TRACT 9505 FINAL MAP SPEAKERS SHANNON VALLEY RANCH - FINAL MAP - TRACT 9505 The following people spoke to this item: Bill Sweitzer lives next door to the proposed project and asked to address four issues; 1) Requested limited trail use, and that the trail be completed before it is opened for any use; 2) Asked that there be some form of security for the trails and that the dumping of trash on the trails be monitored; 3) Noted that there was a safety concern regarding the vehicles backing out from the parking location at the head of the trail, and asked that the parking lot be moved to another location; 4) The construction vehicles were another concern and he asked that they use Hicks and Camden for an access route. Ray Davis spoke of the need to improve Shannon Road and implement a Park Dedication Fee to help pay for sports parks and road improvements. Ed MacBeth asked that the parking lot be placed in another location. Katja Kamangar representing Greenbrier Homes noted that the project would be using Camden as the major route for construction. She also spoke to the parking lot and that the neighborhood preferred that location. She also explained that all project construction would be complete before any trail work was begun. The tract and trail can be complete and accepted together. 7:25 PM ITEM 14 SHANNON VALLEY RANCH TRACT 9505 FINAL MAP MOTION Resolution 2004-100 SHANNON VALLEY RANCH - FINAL MAP - TRACT 9505 Council Comments: * Neighbors have worked together on this planned development for several years. * Police will be patroling the area. * Part of the PD was to maintain vigilance over the site and trail. Motion by Mr. Pirzynski, seconded by Mrs. Decker, that Council adopt Resolution 2004-100 entitled, RESOLUTION OF TOWN OF LOS GATOS APPROVING FINAL MAP OF TRACT 9505 (SHANNON VALLEY RANCH) ACCEPTING THE DEDICATIONS AND AUTHORIZING THE TOWN MANAGER TO SIGN THE CONTRACT FOR PUBLIC IMPROVEMENTS. Carried unanimously. (14.24) 7:30 PM COMMUNICATIONS VERBAL COMMUNICATIONS N:\MASTER\COUNCIL\MINUTES\2004\M 08-02-04.wpd 4 TIME ITEM ACTION ON ITEM 7:30 PM SPEAKER Ray Davis spoke regarding park dedication fees on all development in Los Gatos. He also asked that some action occur on the Highway 9 improvements. He noted that studies will be taking place and he would rather see action. He then had some critical remarks to make about some presentations that were made at the July 4th celebration. 7:33 PM SPEAKER Elke Groves also spoke about the July 4th celebration at the High School lawn and the Civic Center. She explained the Arts Commission agenda for that day and noted that Mayor Glickman had made the presentations as was decided by the celebration committee. 7:36 PM SPEAKER Marian Cosgrove spoke of those candidates for the November 2 nd election who had taken out their nomination papers. 7:39 PM SPEAKER Jim Hartigan spoke in support of the July 4 th celebrations and praised the work that had gone into it to make it a community affair. He supported Mayor Glickman’s handling of the recognition made to our service people. 7:43 PM PUBLIC HEARINGS PUBLIC HEARINGS 7:43 PM ITEM 18 642 SAN BENITO AVENUE RESIDENTIAL APPEAL SAN BENITO AVENUE 642/RESIDENTIAL APPEAL (18.15) Mayor Glickman stated that this was the time and place duly noted for public hearing to consider an appeal of a Planning Commission decision approving construction of a second story addition to a pre- 1941 residence on property zoned R-1D. Architecture and Site Application S-04-21. Property Location: 642 San Benito Avenue. Property owner/Applicant: Thomas Schaub. Appellant: Julie Livingston. Bud Lortz, Community Development Director, provided a summary of the staff report. 7:50 PM ITEM 18 SPEAKERS SPEAKERS FOR 642 SAN BENITO AVENUE The following people from the audience addressed this item: Julie Livingston, appellant and neighbor, also speaking for her husband, Hamish Fallside, described the solar access and shadows that would be cast upon her house due to the placement of the second story of the proposed structure. She asked for a single story or that the second story be repositioned. PUBLIC HEARINGS PUBLIC HEARINGS CONTINUED 7:50 PM ITEM 18 SPEAKERS 642 SAN BENITO AVENUE RESIDENTIAL APPEAL SPEAKERS FOR 642 SAN BENITO AVENUE/CONTINUED The following people from the audience addressed this item: Thomas Schaub, applicant and owner, spoke on the shadow studies and the window placements. He also covered historical aspects and the architectural work. He noted the need for trimming trees on both properties to afford more sunlight and agreed to make his solar study reports available to Ms Livingston for review. Ray Davis was concerned about the review of the Planning Commission minutes. Council explained that a transcript of the N:\MASTER\COUNCIL\MINUTES\2004\M 08-02-04.wpd 5 TIME ITEM ACTION ON ITEM commission’s minutes concerning this item was included in the packet for its use and consideration. 8:25 PM PUBLIC HEARING CLOSED Mayor Glickman closed the public hearing. 8:30 PM ITEM 18 MOTION AND COUNCIL COMMENT 642 SAN BENITO AVENUE RESIDENTIAL APPEAL Motion by Mr. Wasserman, seconded by Mr. Pirzynski, that Council uphold the Planning Commission’s decision and approve Architecture and Site Application S-04-21 with conditions. Council Comment: * Neighbors and applicant have worked on this project for some time and have made many decisions together * Second stories do infringe on others and there is a need to discuss the plans and expectations of all concerned * This is an excellent design for this neighborhood in transition * There is a need to sacrifice some light for maintenance of a treescape * There is a need to review the condition of the trees on both sites and have them trimmed Called for motion: Carried unanimously. 8:33 PM ITEM 19 16370 LILAC LANE RESIDENTIAL APPEAL LILAC LANE 16370/RESIDENTIAL APPEAL/SECOND STORY Mayor Glickman stated that this was the time and place duly noted for public hearing to consider an appeal of a Planning Commission decision denying a request to construct a second story addition on property zoned R-1:8. APN 523-13-027. Minor Residential Development Application: MR-04-25. Property Location: 16370 Lilac Lane. Property Owner/Applicant/Appellant: Debbie and Wesley Leong. (19.15) PUBLIC HEARINGS PUBLIC HEARINGS CONTINUED 8:33 PM ITEM 19 16370 LILAC LANE CONTINUED LILAC LANE 16370/RESIDENTIAL APPEAL/SECOND STORY Bud Lortz, Community Development Director, noted the policy decisions involved in this application. Planning Commission in reviewing this proposal believed it was best to have the applicant come forward to Council for a decision on defining neighborhood and for consideration of allowing second stories in the Blossom Hill Manor neighborhoods. (19.15) 8:36 PM ITEM 19 16370 LILAC LANE APPEAL SPEAKERS LILAC LANE 16370/RESIDENTIAL APPEAL/SECOND STORY The following people addressed this Item: Debbie and Wesley Leong, owner, applicant, appellant, spoke of their 800 square foot pop-up addition. They noted that it was not a full two story and would not be an impact to their immediate neighbors. An attempt at a one story addition caused a boxy look to the home and took all their backyard space. They also noted the many large second stories that were being built in the Manor neighborhood and explained that their modest addition was tastefully designed with elements from Cannon Designs. Ann Davis, neighbor, spoke in support of the design and had no objections to the addition. N:\MASTER\COUNCIL\MINUTES\2004\M 08-02-04.wpd 6 TIME ITEM ACTION ON ITEM Continued on next page. Bill Broad, neighbor, spoke in support of the proposal and noted the other two stories in the neighborhood. Sue Barden, neighbor, spoke of being included in discussions with the Leongs concerning the plans for their home which she supports. Mari Yamashiro, neighbor, spoke in support. Shervin Farhadi, neighbor, was concerned about the square footage and had not heard about the proposal and had not been included in the discussions. He lives one street over and would like to know what is being considered and what that would mean to the changing makeup of his neighborhood. Carol Roesser, neighbor, supports this plan. Her home can only be added to by going up as her lot is too small to expand on a single story level. She is concerned about annexation if the second story option will be denied her by the Town’s present policies. Eric Morley, neighbor, spoke of his growing family and the desire to add on to their home in their neighborhood. He noted that neighbors define neighborhood and their concerns for one another and their homes should be considered. He supported the proposed plans. Jim Hardigan, neighbor, spoke of modest expansion and the needs of these growing families for additional living area. He supports the project which will enhance the neighborhood. PUBLIC HEARINGS PUBLIC HEARINGS CONTINUED 7:30 PM ITEM 19 16370 LILAC LANE APPEAL SPEAKERS CONTINUED LILAC LANE 16370/RESIDENTIAL APPEAL/CONTINUED The following people addressed this Item: (continued) Cindy Steele, neighbor, supported the proposal and the need to allow for modest additions in the Manor. She noted that the annexation contingent needed to know if Council heard their concerns. Carol Gruetzner, neighbor, supporter of the annexation to the Town also supported the need for approval of modest second story additions. Debbie and Wesley Leong, applicant/appellant, spoke of their continued efforts in communicating with their neighbors and that they would be happy to address the concerns of the two speakers this evening who had not heard of this application or seen the plans. 9:12 PM PUBLIC HEARING CLOSED Mayor Glickman closed the public hearing. 9:13 PM ITEM 19 MOTION Motion by Mr. Pirzynski, seconded by Ms McNutt, that Council uphold the Appeal and deny the Planning Commission’s decision and approve Architecture and Site Application S-04-41. Planning Commission was not at fault as they were not able to make the policy decisions necessary to continue reviewing the application in regards to the definition of neighborhood and the allowance of two story homes in the Manor. 9:14 PM COUNCIL COMMENTS WITHIN THE MOTION COUNCIL COMMENTS: * Definition of neighborhood is broader than the Planning Commission defined. * This is a neighborhood with one and two story homes. * Design to be considered in relation to the neighborhood’s unique N:\MASTER\COUNCIL\MINUTES\2004\M 08-02-04.wpd 7 TIME ITEM ACTION ON ITEM character and location * A design policy considering neighborhoods’ present and transitional needs should be developed. * This proposal is not too massive. * The pop-up is not a full two story and preserves architecture and design when viewed from the street * This project meets the current Town’s requirements. * The project incorporates and mitigates the neighbors’ concerns * Neighbors bring their energy and ideas into play to invigorate their environment and bring forth the individual elements which create their community in their present and evolving district. 9:38 PM PUBLIC HEARINGS PUBLIC HEARINGS CONTINUED 9:38 PM ITEM 19 CONTINUING COMMENTS LILAC LANE LILAC LANE 16370/RESIDENTIAL APPEAL/CONTINUED Motion remaining on floor during discussion: Bud Lortz, Director of Community Development, noted that the Planning Commission would receive a full report on the comments from Council this evening, and that the General Plan Committee will be looking at the residential development standards this fall. Orry Korb, Town Attorney, will return with a resolution from the decisions tonight but the definition of neighborhood would not be present. The process of taking that issue before the General Plan Committee would be followed first and the determination that neighborhood was not set by a physical boundary would be noted. 9:43 PM ITEM 19 FINDINGS LILAC LANE LILAC LANE 16370/RESIDENTIAL APPEAL/FINDINGS Mr. Pirzynski made the following findings and considerations: 1) That the project is Categorically Exempt pursuant to Section 15301 of the State Environmental Guidelines (CEQA) as adopted by the Town 2) That the Considerations as found in Attachment 3 of the staff report are made as required by Section 29.20.150 of the Town Code Zoning Regulations for Architecture and Site applications. 3) That Consideration 6 be particularly followed as it relates to height, width and shape being consistent with the present and future character of the neighborhood. 4) That the Conditions of Approval as found in Attachment 4 of the staff report be entered also into this record as findings for the proposed project. 9:44 PM ITEM 19 MOTION CALLED LILAC LANE 16370/MOTION OF APPROVAL Called for motion: Carried unanimously. 9:45 PM RECESS CALLED Mayor Glickman called a five minute recess PUBLIC HEARINGS PUBLIC HEARINGS CONTINUED 9:50 PM ITEM 20 ABATEMENT OF HAZARDOUS VEGETATION (BRUSH) Mayor Glickman stated that this was the time and place duly noted N:\MASTER\COUNCIL\MINUTES\2004\M 08-02-04.wpd 8 TIME ITEM ACTION ON ITEM HAZARDOUS VEGETATION (BRUSH) for public hearing to consider the report of the County Fire Marshal on the abatement of hazardous vegetation (brush) for the 2003-2004 season. There was no one from the audience to address this subject. Council consensus to accept and file informational report. (20.33) PUBLIC HEARINGS PUBLIC HEARINGS CONTINUED 9:53 PM ITEM 21 HAZARDOUS VEGETATION (WEEDS) Resolution 2004-101 ABATEMENT OF HAZARDOUS VEGETATION (WEEDS) Mayor Glickman stated that this was the time and place duly noted for public hearing to consider adopting resolution approving County Fire Marshal’s report on the abatement of hazardous vegetation (weeds). There was no one from the audience to address this subject. Motion by Mr. Pirzynski, seconded by Mr. Wasserman, that Council adopt Resolution 2004-101 entitled, RESOLUTION OF 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 FOR THE FISCAL YEAR 2003-2004. Carried unanimously. (21.33) OTHER BUSINESS OTHER BUSINESS There was no Other Business on the agenda this evening. 9:55 PM ITEM 22 COUNCIL MATTERS APPOINTMENT MEASURE 1A COUNCIL MATTERS: Council Appointment to Santa Clara County Cities Association Ad Hoc Economic Development Committee. Motion by Mr. Pirzynski, seconded by Mr. Wasserman, to appoint Councilmember Diane McNutt to the Santa Clara County Cities Association Ad Hoc Economic Development Committee. Carried unanimously. (22.28-12) Council asked Manager Figone to comment on the State Budget, the Town Budget and the status of Measure 1A that is to be on the ballot in November. Councilmember McNutt thanked staff once again for all of their efforts on the Reservoir Road project especially in the management of the truck routes. 10:01 PM ITEM 24 MANAGER MATTERS MANAGER’S MATTERS (24.28) There were no issues to be discussed this evening under this item. 10:02 PM ADJOURNMENT Mayor Glickman adjourned this evening’s meeting at 10:02 PM N:\MASTER\COUNCIL\MINUTES\2004\M 08-02-04.wpd 9 Town Council Minutes August 2, 2004 Redevelopment Agency Los Gatos, California ATTEST:Marian V. Cosgrove Town Clerk Secretary to the Redevelopment Agency N:\MASTER\COUNCIL\MINUTES\2004\M 08-02-04.wpd 10