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Attachment 8 Feb 2 MinutesTOWN OF LOS GATOS CALIFORNIA TOWN COUNCIL /PARKING AUTHORITY STUDY SESSION OVERVIEW AND UPDATE ON CABLE TV FRANCHISE RENEWAL February 2, 2004 /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 5:15 p.m., Monday, February 2, 2004, in study session. ROLL CALL Present: Council: Sandy Decker, Diane McNutt, Joe Pirzynski, Mike Wasserman and Mayor /Chairman Steve Glickman Staff; Community Development Director, Bud Lortz; Town Attorney, Orry Korb; Public Works Director, John Curtis; Community Services Director, Regina Falkner; Police Chief, Scott Seaman; Library Director, Peggy Conaway; Finance Director, Steve Conway, Assistant Town Manager, Pamela Jacobs; Town Manager, Debra Figone. VERBAL COMMUNICATIONS There was no one in the audience to address Council this evening. STUDY SESSION ON CABLE TV FRANCHISE RENEWAL Staff noted that this meeting was to discuss the franchise renewal activities with Council as they relate to the negotiation process. • Renewal outcomes negotiated by other communities were reviewed • The consultant addressed legal issues relating to the existing KCAT board structure • Council considered forming an ad hoc subcommittee to provide policy guidance and address policy - related issues that may arise during the negotiation process s Next steps associated with the renewal process were discussed ADJOURNMENT Mayor Glickman adjourned this session at 6:00 p.m. ATTEST: Debra J. Fi one Town Manager and Deputy Town Clerk ATTACHMENT 8 TOWN OF LOS GATOS CALIFORNIA TOWN COUNCIL/PARKING AUTHORITY JOINT REDEVELOPMENT AGENCY FEBRUARY 2, 2004 / MINUTES Los Gatos Civic Center 110 E. Main Street Los Gatos, CA 95030 'TIME ITEM = ACTION ON ITEM 7:33 'TOWN COUNCIL The Town Council/Parking Authority /Redevelopment Agency of the PM Town of Los Gatos met in the Council Chambers of the Town Hall, 110 East Main Street, at 7:33 p.m., Monday, February 2, 2004, in a joint regular session. 7:34 PM ROLL CALL Present: Sandy Decker, Diane McNutt, Joe Pirzynski, Mike Wasserman and Mayor /Chairman Glickman. Absent: None 7:34 PLEDGE OF The audience was invited to participate in the Pledge of Allegiance. PM ALLEGIANCE 7:35 CLOSED SESSION Town Attorney, Orry Korb, reported that Council had not met in Closed PM Session prior to this evening's meeting. APPOINTMENTS BOARDS - COMMISSIONS - COMMITTEES BOARD OF Mayor Glickman announced that one application for the BuildingBoard APPEALS of Appeals had been received from Tom Dodge for the one advertised vacancy. Voting was held and Mr. Dodge was reappointed to the Board for a term ending 01 /O1 /06. COMMUNITY Mayor Glickman announced that one application had been received SERVICES from Jessica Scheiner for the three openings on the Community ServicesCormnission. Voting was held and Ms Scheiner was appointed to a term ending 01/01/07. PLANNING Mayor Glickman announced that six applications had been received COMMISSION from Gary Ball, James Doss, Howell Thomas, Thomas O'Donnell, Chuck Sloan and Joanne Talesfore for the two vacancies on the Planning Commission. Voting was held and Ms Talesfore and Mr. O'Donnell were appointed to terms ending 01/01/07. N KLKV MARIAN'S FIIMI ft MmmaMMM.02 -02 -W wpd Town Council Minutes Redevelopment Agency February 2, 2004 Los Gatos, California N . LRW MARIAN'S FILE A MmmcswMM- Ox -o+ -W wpd E ITEM ACTION ON ITEM F APPOINTMENTS BOARDS - COMMISSIONS - COMMITTEES CONTINUED TRANSPORTATION Mayor Glickman announced that two applications were received from L11 & PARKING Howell Thomas and Tim Boyd for the one opening on the I Transportation and Parking Commission. Voting was held and Mr. Boyd was appointed to term ending 01/01/08. 7:39 PRESENTATIONS PRESENTATIONS PM 7:39 BUSINESS Council Member Wasserman presented a Commendation fi-ont the PM RECOGNITION Town to Adrienne Kerwin of "Adrienne's" for the demonstration of community service that this business has shown. Ms Kerwin was "ADRIENNE'S" present to receive the commendation and thanked the Town for the opportunities to serve and noted her commitment to continue her service to the Town in the years to come. 7:43 COMMENDATION Mayor Glickman presented a Commendation from the Town to PM PARK COMMISSION Gladwyn D'Souza for his year of service on the Transportation and Parking Commission. Mr. D'Souza was present to accept and thanked the Town for the opportunity to have served on this commission. 7:46 CONSENT ITEMS CONSENT ITEMS PM ITEM I Motion by Mrs. Decker, seconded by Ms McNutt, that Council accept and file informational report regarding currently scheduled public SCHEDULE OF hearings. Carried unanimously. (01.28) PUBLIC HEARINGS ITEM 2 Motion by Mrs. Decker, seconded by Ms McNutt, that Council ratify the check register for payrol I ofDecember 21, 2003 through January 17, PAYROLL 2004 paid on January 23,2004 in the amount of $1,068,509.43. Carried RATIFICATION FOR unanimously. (02.V) NOVEMBER AND DECEMBER 2003 ITEM 3 Motion by Mrs. Decker, seconded by Ms McNutt, that Council ratify the check register for accounts payable invoices paid on January 16, ACCOUNTS 2004 and January 23, 2004 in the amount of $726,953.29. Carried PAYABLE unanimously. (03.V) RATIFICATION FOR NOVEMBER N . LRW MARIAN'S FILE A MmmcswMM- Ox -o+ -W wpd Town Council Minutes Redevelopment Agency February 2, 2004 Los Gatos, California TIME ITEM ACTION ON ITEM 7:46 CONSENT ITEMS CONSENT ITEMS CONTINUED ITEM 4 Motion by Mrs. Decker, seconded by Ms McNutt, to accept COMMUNITY recommendation from Community Services Commission Chair and SERVICES Vice Chair to appoint Rachel Berkowitz as student Community Services COMMISSION Commissioner. Carried unanimously. (04.12) APPOINTMENT ITEM 5 Motion by Mrs. Decker, seconded by Ms McNutt, that Council adopt Resolution 2004 -I1 entitled, RESOLUTION OF TOWN OF LOS PROJECT 0409 GATOS APPROVING THE PLANS AND SPECIFICATIONS FOR CAPITAL PROJECT 0409A - PARKING GARAGE LOT 4 - PARKING LOT 4 REPAIRS AND REHABILITATION AND AUTHORIZING REPAIRS AND STAFF TO ADVERTISE THE PROJECT FOR BIDS. Carried REHABILITATION unanimously. (05.24) Resolution 2004 -11 ITEM 6 This item has been pulled and will be heard after Item 11. 14300 -14350 WINCHESTER ❑ COUNCIL /AGENCY TOWN COUNCIL /REDEVELOPMENT AGENCY ITEM 7 Motion by Mrs. Decker, seconded by Ms McNutt, that the Town Council/Redevelopment Agency approve the Minutes of the Joint MINUTES Regular Meeting January 20, 2004 as submitted. Carried unanimously. JANUARY 20, 2004 (07.V) ITEM 8 Motion by Mrs. Decker, seconded by Ms McNutt, that Council approve the continued use of speed humps on Johnson Avenue as a JOHNSON AVENUE permanent traffic calming measure. Carried unanimously. (08.41) TRAFFIC CALMING ITEM 9 This item has been pulled and will be heard after Item 11. SAFE ROUTES TO SCHOOLS =1REDEVELOP REDEVELOPMENT AGENCY AGENDA ITEM 10 Motion by Mrs. Decker, seconded by Ms McNutt, that the Agency ACCOUNTS ratify the check register for accounts payable invoices paid on January PAYABLE 16, 2004 and January 23, 2004 in the amount of $271,841.98. Carried RATIFICATION unanimously. 10.V N TLK1 MANIAN'S BLEWfafl Mhula4MM�02.03 -01 wpd Town Council Minutes Redevelopment Agency February 2, 2004 Los Gatos, California TIME ITEM ILCOMMUNICATIONS ACTION ON ITEM 7:46 VERBAL COMMUNICATIONS 7:46 SPEAKER Ray Davis spoke of safe routes to schools for children and noted the Los Gatos Boulevard and Shannon Road pedestrian crossing. He also asked that Council establish a Park Dedication Fund with Development Impact Fees from new construction in Town. 7:51 SPEAKER Chuck Novillo spoke of the fence line on his property and his difficulty working with the City of Monte Sereno regarding his property line and water runoff from his neighbor's pool. F-11 OTHER BUSINESS OTHER BUSINESS 7:54 ITEM 12 HILLSIDE DEVELOPMENT & GUIDELINES (12.38) PM HILLSIDE Mayor Glickman announced that this was the time and place so noted DEVELOPMENT & to receive public input and consider the adoption of resolution for the GUIDELINES Hillside Development Standards & Guidelines. STAFF REPORT Bud Lortz, Director of Community Development, reported on the past two years of efforts by staff, committees and the community regarding these proposed polices for the hillsides and noted that he was available to Council regarding any questions they might have. He also reported on Mr. McCarthy's request regarding floor area of single family homes in the hillside standards not applying to his project being a planned development that was approved prior to the adoption of the guidelines but which had not yet applied for architecture and site approval. 7:25 ITEM 12 SPEAKERS SPEAKERS ON ITEM 12 — HILLSIDE STANDARDS 7:58 SPEAKER Ray Davis spoke of too much development in the hillsides. 8:01 Joe McCarthy asked that his planned development be grand- fathered in. He has been working under the old hillside guidelines and would like to complete his project under the regulations he began with. He spoke of the removal of the huge eyesore that had stood on the property in the past, a facility that was in some places six to seven stories high. He requested that the size and mass of the demolition be considered when the footprint of his project is submitted. He noted the 160,000 square foot convent removal and the demolition of the four story, 6,500 square foot facility on the promontory of the property that have been removed from the visual impact from the valley floor. .(IRA MARLIN'S RLMrsh Mimm� iMM.02 -02.04 %pd Town Council Minutes Redevelopment Agency February 2, 2004 Los Gatos, California TIME ITEM ACTION ON ITEM ITEM 12 SPEAKERS SPEAKERS ON ITEM 12 - HILLSIDE STANDARDS CONT. 8:04 Tom O'Donnell, speaking for the McCarthy proposal, asked for fairness or at least the recognition of being in the pipeline at this time. He asked that each house be evaluated location by location and on its own merits. 8:21 David Weissman spoke against the proposal and asked that the new Hillside guidelines be followed. Dr. Heidi Evers who lives on Foster Road was very pleased with the McCarthy plans and all the work that has been promised by Mr. McCarthy and completed so far. 8:26 Peggy Dallas asked that the Hillside Standards be approved. She has worked on General Plans I & D and believes that the McCarthy proposal can follow the standards successfully. 8:28 Suzanne Cochran spoke of the work that has gone into the Hillside Standards and asked that upcoming applications follow those guidelines. She believes the request from McCarthy leaves too much open to speculation at this time. 8:33 Art Bonner supported the Hillside Plan and requested that Council not grant exceptions to those standards. 8:36 ITEM 12 Mayor Glickman closed the public comment section of the Council's CLOSED PUBLIC business. COMMENTS MOTION Motion by Mrs. Decker, sconded by Mr. Wasserman, that Council adopt Resolution 2004 -12 entitled, RESOLUTION OF TOWN OF LOS GATOS ADOPTING HILLSIDE DEVELOPMENT STANDARDS & GUIDELINES (Attachment 14). (12.38) N �CLK� M MMS FILL%Dnfl W wpd Town Council Minutes Redevelopment Agency February 2, 2004 Los Gatos, California TIME ITEM ACTION ON ITEM ITEM 12 HILLSIDE STANDARDS & GUIDELINES - CONTINUED HILLSIDE ITEM 12 STANDARDS COUNCIL Mrs Decker noted that the demolition of the prior institution on this DISCUSSION site, and the community's focus on the Los Gatos foothills, accent the beauty of this location which has become the central focal point as one approaches Los Gatos on the freeway. The adoption of the guidelines allow the McCarthy project to go forward and use these standards the way they were proposed and intended, which is to minimize the impact of building in our hillsides. Mr. Wasserman believes that the proposed hillside standards allow for 6,000 square feet but also permit under - grounding of living space which permits additional square footage. The restrictive element for him is the 25% or 1,500 square feet of visibility from the valley floor. He believes that creativity and uniqueness of design can help meld the structure to the hillsides and mitigate impacts to the view shed. Mr. Pirzynski asked that ways to protect the beauty of the hillsides for the whole Town and ways to develop architectural styles that make use of the contours of the land be pursued. He believes there are appropriate architectural designs which will be able to follow the hillside guidelines and create beautiful, compatible and comfortable homes. He spoke of the protection of the view shed and the use of creative ways to gain additional square footage. Mrs. McNutt spoke of fairness to Mr. McCarthy and his project and the need to support the hillside standards and guidelines. Mr. Glickman spoke with staff and determined that sufficiently large plantings and carefully landscaped site might be able to cover enough of a structure to render it only 25% visible and possibly allow flexibility in square footage. The assumption being that over the years the trees will continue to mature and further shield the home from view. This mechanism can meet the hillside standards and still balance fairness with the guidelines. 8:55 MOTION CARRIED Mayor Glickman called the question. Carried unanimously. PM ERECESS CALLiW—]l Mayor Glickman called a five minute recesss. N %C'LK \A MARIAN 'S FILE MmumC4MM- 02 -02 -W xpd Town Council Minutes Redevelopment Agency February 2, 2004 Los Gatos, California TIME -7 ITEM ACTION ON ITEM 9:01 ITEM 11 15220 KENNEDY ROAD - SOLAR PANEL USE Mayor Glickman announced that this was the time and place duly 15220 KENNEDY noticed for holding a public hearing to consider an appeal of the ROAD decision of the Planning Commission to approve a grading permit for landscaping improvements and to install solar panels on property zoned SOLAR PANEL USE HR -2 %2. No significant environmental impacts have been identified as a result of this project and a Mitigated Negative Declaration was approved. APN 537 -15 -004. Architecture and Site Application S -01- 98. Negative Declaration ND -04 -3. Property Location: 15220 Kennedy Road. Property Owner/Applicant/Appellant: Jim Deichstetter STAFF Bud Lortz, Director of Community Development, gave an overview and history of this project and the Town's policies concerning solar panel installation. SPEAKERS SPEAKERS FOR ITEM 11 - 15220 KENNEDY ROAD APPLICANT Jim Deichstetter spoke of an energy audit that was suggested and the need for the panels to be at a 30 degree angle for maximum efficiency. He noted different locations and the problems with visibility and impacts to neighbors. He also spoke of the need to remove trees if certain locations were chosen. The environmental need to reduce the amount of carbon dioxide in the atmosphere and the means to supply his own clean energy source were the reasons he chose to pursue solar panels. 9:27 Dave Weissman, spoke in support of solar energy panels but also encouraged a smaller installation with thought to the environment and the neighborhood. 9:30 Kurt Newick spoke in support of the Sierra Club and as Chair of the Global Warming Energy Committee. He addressed cost effective solar installations, solar friendly permitting policies and the need to address global warming issues with cost effective solutions to the use of expensive fossil fuels. 9:33 Glen Minyard designer of the proposed solar system. He spoke of situating the panels in full sunlight during the hours of 8am to 4pm to produce optimum power. He designed this project to minimize the size of the array, shield the panels from the neighbors and the road and to also make it economical and productive. He also noted that solar panels have warrantees of twenty to twenty five years of 90% power output. niCLOSED HEARING [Miayor Glickman closed the public hearing. N %CLK MABIANS FILENhafi MinQICSAMM -02 -02 M wpd Town Council Minutes Redevelopment Agency February 2, 2004 Los Gatos, California TI)\9E ITEM ACTION ON ITEM ITEM 11 Continued 15220 KENNEDY ROAD - SOLAR PANEL USE 1-1 CONTINUED 9:50 ITEM 11 COUNCIL COMMENTS AND CONSENSUS COUNCIL Council discussed the leach field placement, the perimeter fencing and COMMENTS landscaping, the solar panel arrays, and specifically how to minimize SOLAR PANELS impacts to the hillsides. Council consensus was to limit the array to only the family's and site's needs and requirements. 9:56 MOTION Motion by Ms McNutt, seconded by Mr. Pirzynski, to uphold the ITEM 11 Planning Commission's decision and approve Architecture and Site SOLAR PANELS Application S -01 -98 with conditions. 9:57 ITEM 11 15220 KENNEDY ROAD /SOLAR PANELS SOLAR PANELS COMMENTS ON CONDITIONS: *the solar panel application that was brought forth was approved by the COMMENTS ON Planning Commission CONDITIONS *the application had conditions and provided some options that the applicant didn't care to follow but could still pursue if he chose to *conservation and cutting back on the energy that is used, should be a number one priority, then there wouldn't be a need for such a huge array of solar panels on the hillside *the leach field area shall not be irrigated – applicant would like red fescue planted in that location –red fescue is a grass that is tolerant of drought conditions and does not need irrigation and can replicate the natural setting of the hillside *the leach field area shall not be planted with ornamental landscaping *parameter fencing of 3/4's of the property has pre- existing fencing and only the southern boundary is being considered for conditions *no fencing is to be installed later on southern boundary that would prohibit the migration of animals *no more than 2,500 square feet of solar panels to be installed *before impacting the hillsides with this number of panels it would be appropriate for the applicant to try to diminish his own energy consumption and use the products to do so that are already available on the market *condition 4 is to be followed, which limits the applicant to that power necessary to meet either the CEC or the home's needs, whichever is less *the Town does purport itself to be solar friendly *Resolution to return with appropriate language for Council's review ]0:26 MOTION CARRIED Mayor Glickman called the question. Carried by a vote of 3 ayes. Mrs. Decker and Mr. Pirzynski voted no, having requested a method to restrict the number of panels allowable in the hillsides. N ICLKIA MARIAN$ FILMDrah Mm; AMM -02 02-04 wpd Town Council Minutes Redevelopment Agency February 2, 2004 Los Gatos, California TIME ITEM ACTION ON ITEM RECESS CALLED Mayor Glickman called a five minute recess. 10:34 ITEM 6 ITEM 6 - 14300 -14350 WINCHESTER BLVDISOBRATO 14300 -1450 CONSENT ITEM THAT HAD BEEN PULLED WINCHESTER Speaker: BOULEVARD Ray Davis asked that Council Member Joe Pirzynski make a motion for SOBRATO reconsideration on the Sobrato development application. He asked that a Park Dedication Ordinance be passed during the rehearing and that SPEAKER mitigation fees of approximately one million one hundred and fifteen thousand dollars for park dedication be required of the Sobrato development. Motion by Mr. Pirzynski, seconded by Ms McNutt, that Council adopt MOTION Ordinance 2126 entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE PLANNED DEVELOPMENT AT 14300 -14350 WINCHESTER BOULEVARD IORDINANCE 20911, ORDINANCE 2126 Carried by a vote of 3 ayes. Council Members Decker and Wasserman voted no for reasons noted in prior record. (06.15) 10:41 ITEM 9 ITEM 9 - SAFE ROUTES TO SCHOOLS GRANT CONSENT ITEM THAT HAD BEEN PULLED Speakers: SPEAKERS Ray Davis spoke to the crosswalks at the schools in Los Gatos. He believes that there is more to be done by the Town to make these crosswalks safe for children on the way to school. He particularly noted the Blossom Hill School, the Van Meter school, and Fisher School. Chris Miller approved of the direction of the report and believes that the Town is actively pursuing the options available to address these concerns. Motion by Mr. Wasserman, seconded by Mrs. Decker, that Council SAFE ROUTES TO adopt Resolutions 2004 -13 & 2004 -02RD entitled, RESOLUTION OF SCHOOL TOWN COUNCIL AND REDEVELOPMENT AGENCY OFTHE TOWN OF LOS GATOS AUTHORIZING TOWN MANAGER - EXECUTIVE DIRECTOR TO APPLY FOR GRANT FUNDS RESOLUTIONS CONCERNING SAFE ROUTES TO SCHOOLS. Carried 2004 -13 & 2004 -02RD unanimously. (10.15) 10:46 ITEM 13 ITEM 13 - COMMERCIAL DESIGN GUIDELINES COMMERCIAL DESIGN Motion by Mr. Pirzynski, seconded by Mr. Wasserman, to accept the GUIDELINES Scope of Work and budget for preparation of Commercial Design Guidelines. Carried unanimously. (13.38) N %CLKU MARIAN$ FILE@afi Mhulm4MM -02 -0MM wpd 9