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M 09-08-98TOWN OF LOS GATOS CALIFORNIA TOWN COUNCIL/PARKING AUTHORITY JOINT REDEVELOPMENT AGENCY September 8, 1998/Minutes TOWN COUNCIL The Town Council/Parking Authority/Redevelopment Agency of the Town of Los Gatos met in the Council Chambers of the Town Hall, 110 East Main Street, at 7:35 p.m., Tuesday, September 8, 1998, in joint regular session. ROLL CALL Present:Randy Attaway (arrived at 7:50 p.m.), Joanne Benjamin, Steven Blanton, Jan Hutchins, and Mayor/Chairman Linda Lubeck. Absent:None. PLEDGE OF ALLEGIANCE Given by all in attendance. CLOSED SESSION Town Attorney, Orry Korb, announced that Council had met in Closed Session this evening pursuant to Government code Section 54956.9(a), (Existing Litigation) regarding John Evans and Dawn Tiura, individually and as Guardian ad Liem for Brittany Miller and Robert Miller, III vs. David Breidenthal; Patricia Dickinson; Town of Los gatos, et al., Santa Clara Superior Court Case CV773849. Pursuant to Government Code Section 54956.9(b), Council met to discuss Anticipated Litigation regarding Tort claims of David Breidenthal, Patricia Dickenson, and Charles & Karyn Shaffner. Council voted unanimously to reject the Tort Claims of Evans, Breidenthal, Dickinson and Shaffner. No other actions were taken in closed session tonight. HOUSING & COMMUNITY DEVELOPMENT ADVISORY COMMITTEE/APPOINTMENT (00.20) Mayor Lubeck announced that one application from Gerald Pfeiffer had been received for one opening on the County's Housing and Community Development Program Citizen's Advisory Committee. Voting was held and Mr. Pfeiffer was appointed to the committee. PERSONNEL BOARD/APPOINTMENT (XX.20) Mayor Lubeck announced that one application from Terri Raynaud had been received for one opening on the Personnel Board. Voting was held and Ms Raynaud was appointed to term to expire September 1, 2003. SCHEDULE OF PUBLIC HEARINGS (01.01) Informational report regarding currently scheduled public hearings was received and filed. COUNTY REFERRALS (02.47) Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council accept the report concerning County Referrals: NUMBER LOCATION APPLICANT REQUEST TC:D10:MM090898 RECOMMENDATION 7083 16286 Shannon Road Paulides Building Site Approval/Two Conditions Carried by a vote of 4 ayes. Mr. Attaway absent. TC:D10:MM090898 Town Council Minutes September 8, 1998 Redevelopment Agency Los Gatos, California PLANNING COMMISSION/PLANNING DEPARTMENT MONTHLY STATUS REPORT (03.47) Informational report regarding activity of Planning Commission and Department was received and filed. TREASURER'S REPORT (04.V) Informational report submitted by the Treasurer to the Council as of July 31, 1998, was received and filed. COUNCIL CALENDAR OF MEETINGS (05.47) Informational item presenting future Town Meetings for Council and other Town Boards and Commissions was received and filed. RATIFICATION OF PAYROLL/JULY-AUGUST 1998 (06.V) Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council ratify the check registers for the payroll of July 12 through July 25, 1998 paid on July 31, 1998; for the payroll of July 26 through August 8, 1998 paid on August 14, 1998; for the payroll of August 9 through August 22, 1998 paid on August 28, 1998; in the amount of $1,014,783.91. Carried by a vote of 4 ayes. Mr. Attaway absent. ACCOUNTS PAYABLE/RATIFICATION/JULY-AUGUST 1998 (07.V) Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council ratify the accompanying check registers for accounts payable invoices paid on July 31, August 7, August 14, August 21, and August 28, 1998 in the amount of $886,055.13. Carried by a vote of 4 ayes. Mr. Attaway absent. MINUTES OF JULY 20, 1998/STUDY SESSION (08A.V) Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council approve the Minutes of July 20, 1998 Council Study Session as submitted. Carried by a vote of 4 ayes. Mr. Attaway absent. MINUTES OF AUGUST 3, 1998 (08B.V) Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council approve the Minutes of August 3, 1998 as submitted. Carried by a vote of 4 ayes. Mr. Attaway absent. MINUTES OF AUGUST 12, 1998/SPECIAL CALLED MEETING (08C.V) Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council approve the Minutes of August 12, 1998 Special Called Meeting as submitted. Carried by a vote of 4 ayes. Mr. Attaway absent. BUS STOP/208 EAST MAIN STREET/PROPOSAL (09.40) Motion by Mrs. Benjamin, seconded by Mr. Blanton, to continue this item to the October 19, 1998 Council Meeting. Carried by a vote of 4 ayes. Mr. Attaway absent. OVERLOOK ROAD/DRAINAGE IMPROVEMENTS/PROJECT 9902 (10.35) Motion by Mrs. Benjamin, seconded by Mr. Blanton, to authorize budget decrease in account 4463- 85807 of $15,000 and establish project budget of $21,500 in General Fund. Carried by a vote of 4 ayes. Mr. Attaway absent. TC:D10:MM090898 Town Council Minutes September 8, 1998 Redevelopment Agency Los Gatos, California LANDSCAPE MAINTENANCE SERVICES AUTHORIZATION (11.28) Motion by Mrs. Benjamin, seconded by Mr. Blanton, to authorize a budget increase of $2,050 funded from fund balance (255-36000) for Landscape Maintenance services. Carried by a vote of 4 ayes. Mr. Attaway absent. MOBILEHOME PARK CONVERSION IMPACT REPORT/CONFLICT OF INTEREST (12.19) Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council accept and file report on whether Thomas Kerr has a conflict of interest preparing a mobilehome park conversion impact report. Carried by a vote of 4 ayes. Mr. Attaway absent. GENERAL PLAN TASK FORCE II/VACANCIES (13.20) Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council accept and file report regarding two vacancies on the General Plan Task Force II Committee. Carried by a vote of 4 ayes. Mr. Attaway absent. BICYCLE ADVISORY COMMITTEE/SANTA CLARA VALLEY TRANSPORTATION AUTHORITY APPOINTMENT OF REPRESENTATIVE/RESOLUTION 1998-138 (14.20) Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council adopt Resolution 1998-138 entitled, RESOLUTION OF THE TOWN OF LOS GATOS APPOINTING A REPRESENTATIVE TO THE SANTA CLARA VALLEY TRANSPORTATION AUTHORITY COUNTYWIDE BICYCLE ADVISORY COMMITTEE. Carried by a vote of 4 ayes. Mr. Attaway absent. ETHER OXYGENATES PROHIBITED/(MTBE)/MOTOR FUEL/RESOLUTION 1998-139 (15.14) Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council adopt Resolution 1998-139 entitled, RESOLUTION OF THE TOWN OF LOS GATOS REQUESTING THE GOVERNOR AND THE LEGISLATURE TO PROHIBIT THE USE OF METHYL TERTIARY-BUTYL ETHER (MTBE) OR OTHER ETHER OXYGENATES IN MOTOR FUEL. Carried by a vote of 4 ayes. Mr. Attaway absent. MAIN STREET 34/COMPLETION NOTICE/RESOLUTION 1998-140 (16.09) Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council adopt Resolution 1998-140 entitled, RESOLUTION OF THE TOWN OF LOS GATOS ACCEPTING WORK OF DAVE FLICK, DEVELOPER, (FLICK ENTERPRISES, INC.) 34 EAST MAIN STREET AND AUTHORIZING THE TOWN MANAGER TO EXECUTE CERTIFICATE OF ACCEPTANCE AND NOTICE OF COMPLETION FOR RECORDING BY TOWN CLERK. Carried by a vote of 4 ayes. Mr. Attaway absent. DOWNTOWN STREETSCAPE PLANTERS/PROJECT 9709/RESO 1998-141 (17.35) Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council adopt Resolution 1998-141 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AND THE TOWN REDEVELOPMENT AGENCY ACCEPTING WORK OF GOLDEN BAY CONSTRUCTION PROJECT 9709 - DOWNTOWN STREETSCAPE PLANTERS - PHASE II AND AUTHORIZING THE MAYOR/EXECUTIVE DIRECTOR TO EXECUTE CERTIFICATE OF ACCEPTANCE AND NOTICE OF COMPLETION FOR RECORDING BY THE TOWN CLERK/SECRETARY TO THE AGENCY. Carried by a vote of 4 ayes. Mr. Attaway absent. TC:D10:MM090898 Town Council Minutes September 8, 1998 Redevelopment Agency Los Gatos, California COMPRESSED NATURAL GAS/FUELING STATION/PROJECT 9921/RESO 1998-142 (18.32) Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council adopt Resolution 1998-142 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH NATURAL FUELS CORPORATION FOR THE CONSTRUCTION OF PROJECT 9921 - COMPRESSED NATURAL GAS FUELING STATION. Carried by a vote of 4 ayes. Mr. Attaway absent. BELOW MARKET PRICE PROGRAM/HOUSING AUTHORITY/RESOLUTION 1998-143 (19.19) Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council adopt Resolution 1998-143 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO EXECUTE AN AGREEMENT WITH THE HOUSING AUTHORITY OF THE SANTA CLARA COUNTY FOR BELOW MARKET PRICE HOUSING PROGRAM SERVICES. Carried by a vote of 4 ayes. Mr. Attaway absent. MUSIC IN THE PLAZA (MIP)/FY 1998-99/RESOLUTION 1998-144 (20.20) Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council adopt Resolution 1998-144 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO EXECUTE A GRANT AGREEMENT WITH THE ARTS COUNCIL OF SANTA CLARA COUNTY. Carried by a vote of 4 ayes. Mr. Attaway absent. LOOMIS, FARGO & CO/SECURED SHIPMENTS/RESOLUTION 1998-145 (21.05) Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council adopt Resolution 1998-145 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO EXECUTE AN AGREEMENT WITH LOOMIS, FARGO & CO. FOR SERVICE TO PICK UP AND RECEIVE SECURELY SEALED OR LOCKED SHIPMENTS. Carried by a vote of 4 ayes. Mr. Attaway absent. SANTA CRUZ AVENUE S 140/TOLL HOUSE/APPEAL/RESOLUTION 1998-146 (22.09) Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council adopt Resolution 1998-146 entitled, RESOLUTION OF THE TOWN OF LOS GATOS GRANTING AN APPEAL OF A PLANNING COMMISSION DECISION DENYING A PLANNED DEVELOPMENT TO CHANGE THE ZONING DESIGNATION FROM C-2 TO C-2 PD TO CONSTRUCT A 27 ROOM ADDITION TO THE TOLL HOUSE HOTEL AND AN AMENDMENT TO THE CENTRAL BUSINESS DISTRICT STREETSCAPE IMPROVEMENT GUIDELINES. Carried by a vote of 4 ayes. Mr. Attaway absent. BLOSSOM HILL ROAD 14734/WILLIAMSON CONTRACT CANCELLATION ((23.09) SUMMERHILL HOMES DEVELOPMENT/RESOLUTION 1998-147 Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council adopt Resolution 1998- entitled, RESOLUTION OF THE TOWN OF LOS GATOS MAKING FINDINGS AND DETERMINING THE AMOUNT OF THE CANCELLATION FEE AND DIRECTING THE CLERK TO RECORD A CERTIFICATE AND PUBLISH A NOTICE FOR THE EARLY CANCELLATION OF WILLIAMSON ACT CONTRACTS FOR PROJECT APPLICATION: PRJ-97-045. DEVELOPMENT APPLICATION: DEV-97-001. ENVIRONMENTAL IMPACT REPORT: EIR-97-001. WILLIAMSON ACT CANCELLATION: WA-006. PROPERTY LOCATION: 14734 BLOSSOM HILL ROAD. APPLICANT: SUMMERHILL HOMES, DEVELOPER. PROPERTY OWNER: REGENTS OF THE UNIVERSITY OF CALIFORNIA. Carried by a vote of 4 ayes. Mr. Attaway absent. TC:D10:MM090898 Town Council Minutes September 8, 1998 Redevelopment Agency Los Gatos, California POSTING LOCATIONS FOR OFFICIAL TOWN NOTICES/ORDINANCE 2048 (24.11) Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council adopt Ordinance 2048 entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING TOWN CODE SECTION 1.10.105 ESTABLISHING THREE OFFICIAL POSTING LOCATIONS FOR THE TOWN OF LOS GATOS PUBLIC NOTICES, which was introduced at the Regular Town Council Meeting of August 3, 1998. Carried by a vote of 4 ayes. Mr. Attaway absent. VERBAL COMMUNICATIONS: Temporary Vendor's License: Dolores Simone, 248 Old Adobe Road, asked that Council consider waiving the $15.00 two day business license for crafters selling their merchandise at non-profit fund raisers. Council asked that this be placed on the agenda for September 21st. HEARINGS POLLARD ROAD 1300/CYPRESS HOMES/PLANNED DEVELOPMENT/APPEAL (25.09) Mayor Lubeck stated that this was the time and place duly noted for public hearing to consider an appeal of a decision of the Planning Commission denying a Planned Development Application to change the zone from R-1:8 to RM:5-12 PD to construct 15 residential units. No significant environmental impacts have been identified as a result of this project, and a Negative Declaration is recommended. Development Application DEV-97-9. Negative Declaration Application ND-97-17. Property Location: 1300 Pollard Road. Property Owner: Werner Goese. Applicant: Cypress Homes of Los Gatos. Appellant: Ken N. Olcott/Cypress Homes of Los Gatos. The following people from the audience spoke to this issue: Ken Olcott, Cypress Homes of Los Gatos, defined his project and the rationale for its design. He spoke of the extensive landscaping and screening capabilities, and of the community open space area that will be developed. Derek Deaton, 1488 York Ave., Campbell, asked that the project be approved as proposed. Chuck Medeiros, 227 Elm Wood Crt., asked for compatibility to the Woods design. He asked that the center building be turned, and that the mass and scale be addressed. That the open space front Los Gatos Woods giving privacy to the area and a view for the Woods residents. Bill Winter, 115 Calle Estoria, asked for fewer units and single family homes. The project is too dense for the ingress and egress problem at that location. Leni Sue Master, 227 Elm Wood Court, asked for modification. She would like the open space on the Los Gatos Woods side and the buildings flipped to the other side of the lot. Edward Leon, 109 Elm Wood Crt., requested denial and asked for less density. Martha Bryant, 217 Elm Wood Crt., approves of project with reconfiguration. She considers Pollard Road in that location very dangerous for children playing close to the street. Herman Stern, 211 Elm Wood Crt., supported his neighbors in The Woods. Kevin Barovsky, 233 Elm Wood Crt., asked for noise study and pollution study. Ken Olcott summed up his presentation and noted the difficulty in realigning the driveway and suggested restriping Pollard to slow down traffic No one else from the audience addressed this issue. TC:D10:MM090898 Town Council Minutes September 8, 1998 Redevelopment Agency Los Gatos, California HEARINGS CONTINUED POLLARD ROAD 1300/CYPRESS HOMES/CONT. Motion by Mr. Blanton, seconded by Mr. Hutchins, that Council close the public hearing. Carried by a vote of 4 ayes. Mr. Attaway absent. Council Comments: Mrs. Lubeck asked if open space could go in the back and the driveway in the front. Mr. Olcott noted that four units would be lost that way. The driveway would remain in the same position and then curve after 150 feet toward Pollard Road. Mrs. Benjamin believes that there is too much density for the area. If the projects is sent back it should be reviewed for bulk, mass and density. This would help with the flexibility of road placement and green areas. Asked for space in between the units and more variation. Mr. Blanton suggested pulling the units as far forward as possible with the road toward the front and open space along side of The Woods. Mr. Hutchins move the units toward Pollard with the project driveway close to the units and open space toward the rear of the project. Asked for a smaller central unit and fewer overall units. Mrs. Lubeck agrees with the orientation of the buildings in the present proposal. Important to maintain open space rather than small back yards. There is a need for this number of units within the project. Motion by Mrs. Lubeck, seconded by Mr. Blanton, to grant the appeal insomuch as Council is remanding this proposal back to the Planning Commission with the following instructions that: the units be placed closer to Pollard Road: that as much of the project roadway as possible be placed toward Pollard Road: what open space there is, whether it is back yards or contiguous open space be orientated toward Los Gatos Woods: that the Planning Commission address the size of the units, the mass of the buildings and the number of units: the same number of units may be appropriate but the size of the units could be made smaller to accomplish a reduction in the mass of the buildings: more space between the buildings: a reduction in the long building's length: reduction in size of buildings may give flexibility to the road design: the streetscape is also important and the units should be broken up with variation along Pollard. Council makes the findings that there are issues of policies over which the Planning Commission may not have had discretion which the applicant asked the Council to address and which Council is remanding to them with direction to consider. Council affirmed that the Zone change to RM:5-12-PD was acceptable. Carried by a vote of 4 ayes. Mr. Attaway absent. FAIRVIEW PLAZA 98/RESIDENTIAL REMODEL/APPEAL (26.09) Mayor Lubeck stated that this was the time and place duly noted for public hearing to consider appeal of a decision of the Planning Commission approving an Architecture and Site Application to construct a new two story single family residence that exceeds the Town's policy on FAR for sloping lots and a detached garage within three feet of the side property line to replace an existing house that already has received Town approval for demolition due to fire, water and earthquake damage on property zoned R-1:8 LHP. Project Application PRJ-98-054. Property Location: 98 Fairview Plaza. Property Owner: Sylvia DeAlmeida/Julie Winters. Applicant/Appellant: E. Gary Schloh. TC:D10:MM090898 Town Council Minutes September 8, 1998 Redevelopment Agency Los Gatos, California HEARINGS CONTINUED FAIRVIEW PLAZA 98/RESIDENTIAL REMODEL/CONT. The following people from the audience spoke to this issue: Kris Giordano, 80 Fairview Plaza, asked that the garage be repositioned to the rear of the house. Richard Conrad, 86 Fairview Plaza, asked that the correct name for ownership of the property be reflected on the documents. According to the County Assessor's Office the owner is Sylvia DeAlmeida. He also asked for a second opinion on the possibility of restoring the original house. He expressed a concern about the water pressure on this street and the adding of additional access to this deficient system. Gary Schloh, 213 Bean Ave., noted that he would save his comments concerning the proposal until the September 21, 1998 meeting. No one else from the audience addressed this issue. Motion by Mr. Blanton, seconded by Mr. Hutchins, to continue this public hearing to September 21, 1998. Carried unanimously. DEVELOPMENT IN THE NORTH FORTY/COUNCIL POLICY (27.47) The following person addressed this item: Bill Hirschman, 1540 Parkmoor Ave., submitted a map to point out the individual holdings in this area and asked for direction from Council regarding the direction to take on a project in this locality. Council affirmed that the Los Gatos Boulevard Standards, or greater standards reflecting quality development, would be used as the policy standards for development in this area. Council will look at each project on its own merits and not wait for an overall policy for the future. TEMPORARY PARKING LOT/SANTA CRUZ AVE S 141 (28.40) Council Consensus to proceed with the paving of 141 South Santa Cruz Ave. to be used as a temporary parking lot. That the Town should obtain appropriate permits through Architecture and Site, move the trailer to the Service Center and proceed with the paving of the Town property for temporary parking. That staff prepare another report regarding the potential uses for the anticipated lot including the possibilities and concerns of valet parking. TOWN COUNCIL/REDEVELOPMENT AGENCY MEETING SCHEDULE (29.10) Motion by Mr. Attaway, seconded by Mr. Blanton, to amend Town Council/Redevelopment Agency Meeting Schedule for 1998-99 fiscal year adding a September 28, 1998 Joint Town Council/Planning Commission Study Session, and adding October 10, 1998 Council Study Session to conduct a walking tour/site assessment of Town parking lots as part of the parking feasibility study. Carried unanimously. COUNCIL COMMITTEE REPORTS There were no Council reports given this evening. ADJOURNMENT Mayor Lubeck adjourned this evening's meeting at 9:43 P.M. ATTEST:Marian V. Cosgrove Town Clerk TC:D10:MM090898