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16 Desk Item - Minutes of January 05, 2004MEETING DATE: 01/20/04 towN of DESK ITEM ITEM 16 COUNCIL/AGENCYAGENDA REPORT GA1oS DATE: JANUARY 20, 2003 TO: MAYOR/CHAIR AND TOWN COUNCIL/REDEVELOPMENT AGENCY FROM: TOWN CLERK/AGENCY SECRETARY SUBJECT: MINUTES OF JANUARY 05, 2004 BACKGROUND: Council/Agency failed to receive the Minutes of the January 5, 2004 meeting on Friday, January 16, 2004. The Minutes appear as Item 16 on this evening's January 20th Agenda. Please also note that the Minutes are in a different format. This configuration should be easier to follow when working with the (FTR) Full Transcript Reporter. This format or something very similar will be what will go in the permanent Minutes binders in the vault. PREPARED BY: MARIAN V. COSGROVE Town Clerk/Agency Secretary MVC:mjr: TC:D13:TC012004 Reviewed by: aeAttorney~ anager Revised: 1/20104 2:35 pm Re formatted: 10/23/99 4► TOWN OF LOS GATOS CALIFORNIA TOWN COUNCIL/PARKING AUTHORITY JOINT REDEVELOPMENT AGENCY January 5, 2004/Minutes Los Gatos Council Town Hall 110 E Main St. j Time ACTION ON ITEM 7:00 PM TOWN COUNCIL The Town Council/Parking. Authority.tRedevelopment Agency of..the' I. - Town of Los Gatos met in the Council Chambers of the Town Hall, 110 East Main Street, at 7:00 p.m., Monday, January 5, 2004, in joint regular session. 701 PM ROLL CALL Present: Sandy Decker, Diane McNutt Joe Pirzynski, I ( Mike Wasserman and Mayor/Chairman Glickman. Absent: None. 7:02 PM PLEDGE OF The audience was invited to participate in the Pledge of Allegiance. ALLEGIANCE 7:03 PM CLOSED SESSION Town Attorney, Orry Korb, reported that Council had not met in j Closed Session this evening. (XX.28) 7:04 PM CONSENT ITEMS CONSENT ITEMS ITEM 1 j Motion by Ms McNutt, seconded by Mr. Pirzynski, that Council. accept and file informational report regarding currently scheduled SCHEDULE OF public hearings. (01.28) PUBLIC HEARINGS ITEM 2 Motion by Ms McNutt, seconded by Mr. Pirzynski, that Council ratify the check register for payroll of November 23, 2003 through ;PAYROLL December 6, 2003 paid on December 12, 2003 in the amount of RATIFICATION FOR $587,943.48. Carried unanimously. (02.V) NOVEMBER AND DECEMBER 2003 i I (ITEM 3 Motion by Ms McNutt, seconded by Mr. Pirzynski, that Council ratify the accompanying check registers for accounts payable invoices ACCOUNTS PAYABLE ! paid on December 5, 2003, December 12, 2003 and December 19, RATIFICATION FOR ' 2003 in the amount of $1,505,753.79. Carried unanimously. (03.V) NOVEMBER E Town Council Minutes Redevelopment Agency Time ITEM 'ITEM 4 i ~ I COUNCIL MINUTES DECEMBER 15, 2003 ITEM 5 MANAGEMENT COMPENSATION PLAN FOR 2003-2004 ITEM 6A RESIDENCY REQUIREMENTS RESOLUTION 2004-02 ITEM 6B j PARKS COMMISSION ESTABLISHED RESOLUTION 2004-03 ITEM 7 - RESERVOIR ROAD ITEM 8 PROJECT 0233B ELECTRICAL WORK SANTA CRUZ AVE. RESOLUTION 2004-05 RESOLUTION 2004-OIRD ITEM 9 AGENCY ACCOUNTS PAYABLE RATIFICATION FOR NOVEMBER January 5, 2004 Los Gatos, California ACTION ON ITEM Motion by Ms McNutt, seconded by Mr. Pirzynski, that Council; approve the Minutes of December 15, 2003 (Study Session.) Carried unanimously. (04.V) Staff noted that this Item had been deferred to a later date. (05.2) Motion by Ms McNutt, seconded by Mr. Pirzynski, that Council' adopt Resolution 2004-02 entitled, RESOLUTION OF THE TOWN OF LOS GATOS RESCINDING RESOLUTION 2002- FOR MEMBERS OF SPECIFIC BOARDS AND COMMISSIONS. Carried unanimously. (06A.12) Motion by Ms McNutt, seconded by Mr. Pirzynski, that Council adopt Resolution 2004-03 entitled, RESOLUTION OF THE TOWN OF LOS GATOS RESCINDING RESOLUTION 2002- Carried unanimously. (06B.12) This Item was pulled. It will be discussed after the Public Hearings. Motion by Ms McNutt, seconded by Mr. Pirzynski, that Council adopt Resolutions 2004-05 & 2004-01RD entitled, RESOLUTION OF THE TOWN COUNCIL AND REDEVELOPMENT AGENCY OF THE TOWN, OF LOS GATOS 'ACCEPTING WORK OF _CUPERTINO ELECTRIC AND AUTHORIZING THE TOWN MANAGERIEXECUTIVE DIRECTOR TO EXECUTE CERTIFICATE OF ACCEPTANCE AND 'NOTICE OF COMPLETION FOR RECORDING BY THE TOWN CLERK/SECRETARY OF THE REDEVELOPMENT AGENCY. Carried unanimously. (08.27) Motion by Ms McNutt, seconded by Mr. Pirzynsk, that the Agency ratify the accompanying check registers for accounts payable invoices paid on December 5, 2003, December 12, 2003 and December 19, 2003 in the amount of $290,340.81. Carried unanimously. (09.V) ITEM 10 Motion by Ms McNutt, seconded by Mr. Pirzynski, that the Agency approve the Minutes of Decmber 15, 2003 Study Session on the AGENCY MINUTES ' Capital Improvement Program as submitted. Carried unanimously. 'DECEMBER 15, 2003 AAMM-01-05-04.doc 1/20/2004 2 Town Council Minutes January 5, 2004 Redevelopment Agency Los Gatos, California 1 Time ITEM ACTION ON ITEM 7:06 PM VERBAL Skateboard Park: COMMUNICATIONS Donavan Dresti spoke in support of skateboarding. He asked Council to reaffirm its support of establishing a skateboard park in Town. Mayor Glickman asked that this subject be placed on the j January 20, 2004 agenda. I i 7:10 PM VERBAL COMMUNICATIONS 7:15 PM OTHER BUSINESS ITEM 16 ANIMAL CONTROL SERVICES i (SVACA) Skateboard Park: Ray Davis asked that Council consider placing a skateboard park on the old bus depot behind the post office. He also mentioned being arrested for disturbing the peace in the Civic Center and said he would, no longer salute the flag during the Council meetings until the present Council has been changed. He then spoke on the safe routes to school issue and noted the Shannon Road Los Gatos Boulevard crossing area. He believes staff is taking too long to rectify the safety issues identified at this location. Police Chief Seaman then addressed the ongoing monitoring and actions being considered. OTHER BUSINESS ANIMAL CONTROL SERVICES (16.36) Alana Forest, Police Captain, gave a report concerning the contract negotiations between the Town and the City of San Jose, ; and the proposals from SVACA. The conclusion of this work is that San Jose's offer is more competitive and cost effective. j Joe Pirzynski, Councilmember, spoke of the relatively small amount of difference in cost between SVACA and San Jose in relation to the j benefit of the Town owning equity in the final project and operations:! of the SVACA proposal. Ms Forest spoke of cost containment and the 1.5 CPA that is built into the San Jose contract. She noted that SVACA on the other hand does not have its facility built yet and the probability of cost increase is far greater. ITEM 16 SPEAKERS 'Speaker ;Speaker (Speaker The following people from the audience addressed this issue: 'Mark Zamudia spoke of location for the animal shelter and the difficulty of accessing the San Jose shelter easily. He would prefer the Santa Clara SVACA location. Staff noted that there is a similar distance and time of operation between the two shelters. Jane Kennedy spoke in support of SVACA and continuing to work on reducing the costs for its operating expences. Barbara Nesbit spoke in support of SVACA and the close connection the West Valley Cities have had with each other as they've.' worked on this JPA. No one else from the audience addressed this issue. AAMM-01-05-04.doc 1 /20/2004 3 .I e. Town Council. Minutes Redevelopment Agency January 5, 2004 Los Gatos, California T m M ACTION ON ITEM F ITEM 16 Motion by Mrs. Decker, seconded by Ms Mc Nutt, that Council' adopt Resolution 2004-08 entitled, RESOLUTION OF THE ANIMAL CONTROL TOWN OF LOS GATOS AUTHORIZING THE TOWN SERVICES MANAGER TO FINALIZE AND ENTER INTO AN ;MOTION I AGREEMENT WITH THE CITY OF SNA JOSE FOR ANIMAL CONTROL SERVICES and Town Manager to draft .letter to i SVACA indicating that the Town of Los Gatos' intention to withdraw' from the JPA by January 25, 2004, effective by June 30, 2004. COUNCIL Mr. Pirzynski spoke of maintaining local control on these services COMMENTS and of continued negotiations as the Town moves forward on establishing its animal control services COUNCIL Mr. Wasserman, Ms McNutt and Mr. Glickman spoke of the cities 1 COMMENTS dropping out of the JPA thereby increasing costs to the remaining participants; asked for as many cost reductions as possible; Council I believes that as a customer the° Town can ask for the best services and 11 negotiate savings with the City of San Jose. • ITEM 16 Carried by a vote of 4 ayes. Mr. Pirzynski voted no as reflected MOTION in Council Comments.. i CONCLUDED i PUBLIC HEARING PUBLIC HEARING 7:50 PM ;ITEM 11 10 MONROE COURT/PLANNED DEVELOPMENT (11.15) MONROE COURT , Mayor Glickman stated that this was the time and place duly noted for public hearing to consider recommendation of the Planning Commission for approval of a Planned Development to change the zone from RM:120 to RM:12-20:PD to construct thress dwelling units. No significant environmental impacts have been identified as a result of this project and a Negative Declaration is recommended. APN 529-09-026. Planned Development Application PD-01-2. Negative Declaration ND01-14. Property Location: 10 Monroe Court. Property Owner: David H. Pitzen. Applicant DHP Monroe Investors LLC. Bud Lortz, Community Development Director, gave an overview of the history of this project. He noted that at this time the open space is solely for the use of the owners in the planned development. He spoke of the ADA requirements that would be necessary if the open space was available to the general public. Council Concerns: That all trees be protected and that the more I vulnerable ones be. fenced during construction phase. That the Italian Stone Pine be added to the protected trees listed on page 17. That care will be given to the access of Ann Lamborn to her home during construction work. i. i AA MM-01-05-04.doc1/20/2004 4 a~ Town Council Minutes January 5, 2004 Redevelopment Agency Los Gatos, California Time I ITEM ACTION ON ITEM -1 i 8 Time PM I ITEM 11 SPEAKERS The following people from the audience addressed this issue: ,SPEAKER Stan Queen, Pacific Diversified, operations manager for the project, spoke of the possibility of making the open space available to the neighbors. He also noted that the heritage trees would be protected during construction and that they would be mindful of Ms Lambom's access route to her home. SPEAKER Jessie Prout thanked Council and staff for all their work and I concerns. She would prefer the open space be limited to the' neighbors and not be made available to the general public. She asked f that the heritage tree be protected and that open fencing be used so as I not to block the views. She asked that the plans for the homes not be changed because they now meet with the neighbors approval. 8:20 PM ITEM 11 Mayor Glickman closed the public hearing. !MONROE COURT Council Consensus that council accept the report in the form of meeting minutes from the Planning Commission regarding the Planned Development at 10 Monroe Court Motion by Mrs. Decker, seconded by Mr. Pirzynski, that Council make the Negative Declaration as in Exhibit H of Attachment 8 of the staff report. Carried unanimously. Motion by Mrs. Decker, seconded by Mr. Pirzynski, that Council ; adopt the Mitigation Monitoring Plan shown in Attachment 4. of the staff report. Carried unanimously. I Motion by Mrs. Decker, seconded by Mr. Pirzynski, that Council' approve the Planned Development Application PD-01-2 Carried' unanimously. Motion by Mrs. Decker, seconded by Mr. Pirzynski, that Council' make the required findings as follows: The Zone Change is consistent with the General Plan; For I ! community benefit this project contributes to the further development of the surrounding neighborhood improving circulation, providing neighborhood unity, eliminating a blighted area and furthering the quality of life; The project is designed in context with the neighborhood with respect to existing scale and character; Corridor lots may be considered if beneficial to surrounding neighborhood; Applicant shall demonstrate the benefit of a Planned Development through excellence in design; Applicant shall demonstrate strong I community benefit; The Stone Pine tree shall be protected; there is a restricted open space easement for access to creek and riparian habitat for the homeowners in the planned development; fencing shall remain open so public can view creek ; the designs will blend well I I with the neighborhood. Carried unanimously. i A AMM-01-05-04.doo 1 /20/2004 5 J Town Council Minutes Redevelopment Agency January 5, 2004 Los Gatos, California Time ITEM ACTION ON ITEM i i F-1 I ITEM it continued Motion by Mrs. Decker, seconded by Mr. Pirzynski. To waive the i reading of the Proposed Ordinance. Carried unanimously. i TITLE READ The Town Clerk read the Title of the Proposed Ordinance. 'ITEM 11 Motion b , ~ Y Y Y Introduce Proposed Ordinance entitled, ORDINANCE OF THE I10 MONROE COURT TOWN OF LOS GATOS AMENDING THE ZONING ORDINANCE EFFECTING A ZONE CHANGE FROM RM:12- FINAL MOTION 20 TO RM:12-20:PD AT 10 MONROE COURT. Carried unanimously. PUBLIC HEARING i PUBLIC HEARING j 8:35 PM ITEM 12 11 COLLEGE AVENUE/TAPESTRY RESTAURANT (12.15) Mayor Glickman stated that this was the time and place duly noted TAPESTRY for public hearing to consider recommendation of the Planning RESTAURANT i Commission for approval to modify an existing Conditional Use I COLLAGE AVENUE Permit Application to expand from beer and wine to full liquor i service (Tapestry) on property zoned C-2. APN 529-29-052. j Conditional. Use Permit, U-04-6. Property Location: 11 College Avenue. Property Owner: Dave Flick. Applicant: Tapestry j Restaurant. Bud Lortz, Director of Community Development, gave an overview of the proposal and recommendations from the staff report. Council Comments: That this restaurant will not be considered as a take out restaurant. That there will be no stand alone bar installed in the restaurant. That outside diners will be able to receive a drink. 'ITEM 12 Gary Messick, % applicant, representing Tapestry, asked for the opportunity to compete with other local restaurants that have been ~CDV Al V1r3 Mrs Decker seconded b Mr Pirz ski that Council n 8:43 PM JTEM 12 'TAPESTRY RESTAURANT ITEM 12 11 COLLEGE AVENUE FINAL MOTION I ~ I a11LJwGu lull 11LiUU1 SGiV1UC; W1L11 L11G11 1G5LdU1d11L6. Mayor Glickman closed the public hearing. Council Consensus that council accept the report in the form of meeting minutes from the Planning Commission regarding a modification of a Conditional Use Permit. Motion by Mr. Pirzynski, seconded by Mr. Glickman, to approve the application subject to the proposed conditions, making the required findings in Attachment 1, and requiring that there shall be no dedicated walk up counter for take out . Carried unanimously A: \M M-01-05-04.doc 1/20/2004 6 Town Council Minutes Redevelopment Agency January 5, 2004 Los Gatos, California Time ITEM PUBLIC HEARING i 8:46 !ITEM 13 WEED ABATEMENT ITEM 13. i i I 8:48 PM ITEM 13 SPEAKERS SPEAKER i I 1 SPEAKER SPEAKER ACTION ON ITEM PUBLIC HEARING HAZARDOUS VEGETATION/WEED ABATEMENT (13.33) Mayor Glickman stated that this was the time and place duly noted for public hearing to consider overruling objections and ordering; abatement of hazardous vegetation (weeds) on certain properties and ! authorizing the County contractor to perform the weed abatement work necessary to comply with the standards. John Curtis, Director of Public Works, spoke of the history of this annual program held in Los Gatos. , The following people from the audience addressed this issue: Rebecca Roulette spoke of the requirements now being asked of her. Over the years she has not been required to do these things. She also noted the difficulty with access to her property. Debbie Grover representative from the Fire Marshal's Office. and;' Program, spoke of setting an appointment to go out to speak with Ms I Roulette and explain to the owner how to control the fire hazards on her property. Curt Hansen spoke of having received notice to trim back his trees. He asked if he was required to have permits to trim his trees. He will meet with the Fire Marshal and Town arborist on the proper procedures. 8:57 PM !ITEM 13 Mayor Glickman closed the public hearing. WEED ABATEMENT :ITEM 13 Motion by Mr Wasserman, seconded by Mr. Pirzynski, that Council adopt Resolution 2004-06 entitled, RESOLUTION OF THE WEED ABATEMENT I TOWN OF LOS GATOS OVERRULING OBJECTIONS AND FINAL MOTION ORDERING ABATEMENT OF HAZARDOUS VEGETATION (WEEDS) AS A PUBLIC NUISANCE. Carried unanimously. 8:58 PM ; PULLED ITEM PULLED ITEM :ITEM 7 RESERVOIR ROAD/SUBDIVISION APPEAL (07.15) Mayor Glickman stated that this was the time and place duly noted RESERVOIR ROAD to consider adopting resolution granting an appeal of a Planning Commission decision to deny 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 I result of this project and a mitigated Negative Declaration is recommended. Architecture & 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 A:\MM-01-05-04.doc 1 /20/2004 7 iTown Council Minutes January 5, 2004 Redevelopment Agency Los Gatos, California Time I ITEM ACTION ON ITEM i ITEM 7 CONTINUED RESERVOIR ROAD/SUBDIVISION APPEAL CONTINUED ITEM 7 COUNCIL DISCUSSION AND CONSENSUS * Los Gatos High School, Main Street Businesses and the residents RESERVOIR ROAD j along the route of travel for the construction trucks shall be notified I of all staging activities. They shall be considered in all dates of, ;STAFF AND COUNCIL activities and timing for traffic. DISCUSSION AND CONSENSUS * The specifics of easements, titles from property owners, and contractural commitment associated with the sewer line dog leg north, referred to as Alternative F, also Item 33 of the A&S Application ; Conditions, and entering 10 Reservoir Road property needs to be i clarified and delineated further. Alternative F as described in the December 15, 2003 Council-staff report. ! * Fill is limited to 4,000 cubic yards maximum. * Within the Subdivision Application and the A&S Application the i words "subject to review and approval" rather than "shall be I approved" will be used throughout for consistency and clarity. * Within the Subdivision Application, Conditions of Approval, in i Paragraph 12,. speaking of "Guiding Light," reference the intent to be "no more tree removal or larger building envelopes be allowed." Within these directives there will be use of more substantive language for direction to the applicants who will be processing their plans through the Town's Planning regulations. Within the Subdivision Application, Conditions of Approval, in Paragraph 29, speaking of "a better estimate of the amount of import material" could be made more specific in the estimates of the amount of fill to be brought in. Same as in A&S Par.37. i * Within the Subdivision Application, Conditions of Approval, in Paragraph 60, speaking `of the hours of transportation, the request is again to contact the school for input. Rather than the suggested 2:25 to 2:45 for peak school traffic, it is suggested that 1:55 to 2:25 is the time for the larger impact of traffic on Main Street. Rather than the statement that the Town MAY choose to prohibit truck operations, the statement should be that the Town WILL choose to prohibit truck operations during the times of peak traffic impacts around the school. Same to be reflected in A&S Par. 68. * Staff is committed to offering a review of landscape, and grading plans to the neighbors during this project. Council would like note of the review cycles reflected in the resolution. * Communications plan is exemplary. Flyers to be distributed to all residents and businesses as too where, when and what is going on so all have information to work with and plan around. AAMM-01-05-04.doc 1 /20/2004 8 Town Council Minutes Redevelopment Agency January 5, 2004 Los Gatos, California Time ITEM ACTION ON ITEM ITEM 7 CONTINUED SERVOIR RO D/SUBDIVISION EAL CONTINUED P RE A A P STAFF AND COUNCIL COUNCIL DISCUSSION AND CONSENSUS !DISCUSSION AND * Geology and soils reports will be developed under the Architecture CONSENSUS and Site process when specific plans come forward for the newly f j formed building sites. The Hillside Standards will be the guidelines 1 through which the applicant will need to design the homes. Stepped foundations and designs that fit the contour of the land will be 1 encouraged. Pier and beam construction to minimize cut and fill and impact to the trees may be encouraged. 9:35 PM ,ITEM 7 The following people from the audience addressed this issue: SPEAKERS SPEAKER Dennis McEvoy brought Council's attention to the desk item before them this evening. He spoke for himself and Ms Kenkel noting the j resident's concerns and the responses from staff. He addressed Items 1 ~l 1, 2, 3, 10, 11, 12, and 13 specifically. These include large box replacement trees; an effort to save tree #90; an attempt to provide curb and gutter system; the o 1 a greater effort to notify of f cubic . ill as a maximum Yards f 1~' Y i neighborhood of any considered changes in activities, priorities and proposals. SPEAKER SPEAKER ' f SPEAKER SPEAKER Art Bonner referred to the desk item, and asked how the four : thousand cubic yards of fill was going to be engineered, what the contour of the land would. be after it was placed, and how the amount and placement of the fill was to be monitored. Suzanne Cochrane would like Town to keep those concerned notified of the progress of the project and informed about any new information that concerns the development. Eric Morely spoke of the developer working carefully with the existing trees and in trying to preserve the canopy. He noted that there would be some flexibility in the A&S process to evaluate the sites and trees and explore design footprints that fit within the topography of the land and the placement of the existing trees. The process and plans can be reviewed by the neighbors and a method of communications established for those who are impacted to be able review and comment as considerations and planning proceed. Ray Davis spoke of moving four thousand cubic yards out of the reservoir and moving four thousand cubic yards of fill back in, totaling eight thousand cubic yards to be trucked through the community. A:\MM-01-05-04.doc1/20/2004 9 00 Town Council Minutes Redevelopment Agency January 5, 2004 Los Gatos, California Time ITEM ACTION ON ITEM ' j i ITEM 7 RESERVOIR. ROAD/SUBDIVISION APPEAL CONTINUED SPEAKERS Kevin Rohani,, Town engineer, addressed the geotechnical aspects of CONTINUED the development. Th'e're will be a full-time inspector assigned by the : j I Town available on site during all activities. ITEM 7 COUNCIL DISCUSSION AND CONSENSUS * A Communications Plan shall be implemented to afford public input STAFF AND COUNCIL at key opportunities, during remediation construction. This will DISCUSSION AND include the Landscaping and Grading Plans at strategic construction CONSENSUS i I milestones. * Tree #90 will be preserved at this time and cared for until such time as approved construction plans are developed. At that time a decision j will be made by the Planning Commission as to the practicality of keeping Tree #90. j * If there are design changes that can be handled by staff they will be, minor and riot substantive. Fill is limited to a maximum of 4,000' cubic yards. Any changes in grading or tree removal would be fully, communicated and brought to the appropriate body for review and approval: * All additional review steps to be included as Conditions of Approval. j 10:30 11TEM 7 by Mr. Wasserman, seconded by Mr. Pirzynski, to approve Motion PM . the changes and directions discussed by Council this evening and RESERVOIR ROAD I have the resolution return to Council on January 20, 2004 for review MOTION AND FINAL and consideration by Council. Council to be assured that the ; .neighbors and affected parties have also had an opportunity to review ACTION ' the changes before Council adoption of resolution. Carried unanimously OTHER BUSINESS OTHER BUSINESS 10:40 ITEM 14 PM NON-POINT SOURCE (NPDES) NON-POINT SOURCE PRESENTATION (14.40) Mayor Glickman stated that this was the time and place duly noted to consider introducing Ordinance amending Town Code Sections 22.30.010 and 22.30.035 to comply with the requirements of Provision C.3 of the Town's NPDES Permit. John Curtis, Parks and Public Works Director, gave an overview of this annual program. PRESENTATION BY ; Cheri Donnelly and Jack Lowell made a presentation to Council of (NPDES) I the storm water program. They had a visual display which was shown REPRESENTATIVES to Council and used as a classroom demonstration model. They work i with the public and with business owners to educate about how pollutants flow through the storm water system to the Bay A:\MM-01-05-04.doc 1/20/2004 10 Town Council Minutes January 5, 2004 Redevelopment Agency Los Gatos, California Time ITEM ACTION ON ITEM ITEM. 14 NON-POINT SOURCE PRESENTATION CONTINUED !NPDES CONTINUED INTRODUCTION OF ORDINANCE SPEAKER Speaker, Ray Davis, spoke in the public interest., EXTEND THE Motion by Mr. Wasserman, seconded by Mr. Glickman, to extend i MEETING PAST the Council meeting past mid-night. Carried unanimously. MID-NIGHT I ITEM 14 CONTINUED Fno tion by Ms McNutt, seconded by Mr. Glickman, to waive the ad ing of the Proposed Ordinance. Carried unanimously. TITLE READ The Town Clerk read the Title of the Proposed Ordinance. ITEM 14 Motion by Ms McNutt, seconded by Mr. Glickman, that Council Introduce Proposed Ordinance entitled, ORDINANCE OF THE NON-POINT SOURCE TOWN OF LOS GATOS AMENDING TOWN CODE (NPDES) ' SECTIONS 22.30.010 AND 22.30.035 TO COMPLY WITH THE ~ REQUIREMENTS OF PROVISION C.3 OF THE TOWN'S FINAL MOTION NPDES PERMIT. Carved unanimously. i OTHER BUSINESS OTHER BUSINESS 11:10 ITEM 15 HILLSIDE DEVELOPMENT STANDARDS AND GUIDELINES PM j Mayor Glickman stated that this was the time and place duly noted HILLSIDE to consider adopting resolution adopting the Hillside Development: ;DEVELOPMENT Standards and Guidelines. It has been determined that this project: STANDARDS i could not have a significant impact on the environment, therefore, the project is not subject to the California Environmental Quality Act (Section 15061 (b)(3)). File A-03-3 Applicant: Town of Los Gatos. 11:15 SPEAKERS PM SPEAKER SPEAKER Bud Lortz, Director of Community Development, gave a short overview of the work the Planning Department and Hillside committee have accomplished over the last year while working on these standards and guidelines The following people from the audience addressed this issue. Ray Davis spoke of the need for additional work on this document and asked that the report have a peer review before it is adopted. Joe McCarthy, owner of the property, spoke of the history behind this project and of the community benefits to the neighborhood. He noted the new water line installed for protection against fire, which is a benefit to the surrounding residential properties. He also spoke of the emergency access fire road which runs through the Jesuit property. He spoke of beginning his process over seven years ago and of having completed extensive preliminary work which was necessary before the plans for the homes could be submitted. A:WM-01-05-04.doc1/20/2004 11 Town Council Minutes Redevelopment Agency January 5, 2004 Los Gatos,' California Time ITEM ACTION ON ITEM i F ITEM 15 HILLSIDE DEVELOPMENT STANDARDS AND GUIDELINES CONTINUED Speakers Continued: SPEAKER Tom O'Donnell representing McCarthy Land Co, spoke of the removal of Guadalupe College from the hillside landscape and' suggested that this undertaking deserves some credit. He asked for a narrow exception to be applied in an equitable manner, that will not override the intention of the hillside standards, to a project that has, completed significant preliminary work on a proposed planned development. He asked that the project be grandfathered and that Council consider granting a variance. 11:25 ITEM 15 COUNCIL DISCUSSION AND CONSENSUS i PM I * There is a possibility to grant an exception to the maximum floor STAFF AND COUNCIL I area ratio for any planned development' for which the subsequent DISCUSSION AND , architecture and site applications have not yet been submitted. CONSENSUS * Council absolutely wants to protect the hillside viewshed from any ~ visible new structures that are constructed. I * The proposed document appears to set standards that will preserve the beauty of our hillsides. Council can adopt these standards and proceed to uphold these i ! guidelines and still be able to work with an existing project, begun under prior regulations but which as yet needs to proceed through the architecture and site process. * Council would like additional analysis on an established maximum I square footage before a number is added to this document. 12:20 ;MODIFICATIONS TO MODIFICATIONS TO THE HILLSIDE STANDARDS AND AM THE DOCUMENT BY GUIDELINES TO RETURN TO COUNCIL 01/20/04 COUNCIL Page 05 Move Bullet 08 to Bullet 02: Bullet 08 acts as a forward to the process and should be moved forward for that reason. Page 13 Definition of "Visible Home" should be used within the text of the document to allow the definition to be viable. Page 17 Add a total amount to the section on grading Page 24 Use of fire retardant landscaping around hillside structures. A process inserted for Fire Marshal's Department review and sign off. Page 30 The "Viewshed" is always determined from downtown Los Gatos. There should be other sites within our Town for determining the viewshed. Page 35 There is a need for illustrating the thirty-five foot height limit to show the possibility to step -the home into the topography. I Pages 37 & 4,1 Remove every other contour line in the illustrations so it does not appear that we are encouraging building in areas that the contours are that close. A: \MM-01-05-04.doc 1/20/2004 12 Town Council Minutes Redevelopment Agency January 5, 2004 Los Gatos, California Time ITEM I ACTION ON ITEM iITEM 15 HILLSIDE DEVELOPMENT STANDARDS AND GUIDELINES! CONTINUED Modifications Continued: Definition: "Slope" and "Maximum Slope" must be worked on., j `Historically a 30% slope was considered a maximum but there is no, consistent language in this document to reference this subject. Page 29 The exclusion shall remain at 400 square feet for the garages. 12.30 i ITEM. 15 Motion by McNutt, seconded by Mr. Glickman, to approve the AM Hillside Development Standards and Guidelines as modified by: j MOTION Council comments and consensus and defer the adoption of resolution i to Tuesday, January 20, 2004.' Carried unanimously. i ;ITEM 17 COUNCIL MATTERS i There were no reports given this evening. ITEM 18 MANAGER MATTERS I There were no reports given this evening. 12:35 ';ADJOURNMENT Mayor Glickman adjourned this evening's meeting at 12:35 AM. AM ATTEST: Marian V. Cosgrove Town Clerk A: MM-01-05-04.doc1/20/2004 13