M 02-16-99TOWN OF LOS GATOS
CALIFORNIA
TOWN COUNCIL/PARKING AUTHORITY
JOINT REDEVELOPMENT AGENCY
February 16, 1999/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
7:32 p.m., Tuesday, February 16, 1999, in joint regular session.
ROLL CALL
Present:Randy Attaway, Steven Blanton, Linda Lubeck,
Joe Pirzynski, and Mayor/Chairman Jan Hutchins.
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(b), to discuss
Anticipated Litigation. There was no reportable action.
PRESENTATION/SILICON VALLEY SMART CORRIDOR (00.44)
Mayor Hutchins presented Assistant Manager James Piper with the Award of
Excellence for participation in the Best California Partnership Award-Silicon
Valley Smart Corridor from the California Alliance for Advanced Transportation
Systems.
SCHEDULE OF PUBLIC HEARINGS (01.01)
Informational report regarding currently scheduled public hearings was received
and filed.
COUNTY REFERRALS (02.47)
Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council accept the
report concerning County Referrals:
NUMBER LOCATION APPLICANT REQUEST
RECOMMENDATION
7275 16331 Englewood Ave.Ennis Special Permit
Approval/One Condition
Carried unanimously.
PLANNING COMMISSION/PLANNING DEPARTMENT/MONTHLY STATUS
REPORT (03.47)
Informational item from the Planning Department giving monthly status report
was received and filed.
RATIFICATION OF PAYROLL/JANUARY 1999 (04.V)
Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council ratify the
check registers for the payroll of January 10 through January 23, 1999 paid on
January 29, 1999, in the amount of $382,454.63. Carried unanimously.
ACCOUNTS PAYABLE/RATIFICATION/JANUARY 1999 (05.V)
Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council ratify the
accompanying check registers for accounts payable invoices paid on January 29,
and February 5, 1999 in the amount of $473,668.55. Carried unanimously.
MINUTES OF FEBRUARY 1, 1999 (06.V)
Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council approve the
Minutes of February 1, 1999 as submitted. Carried unanimously.
AMICUS BRIEF/SAIA/CITY OF CAPITOLA (07.01)
Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council authorize
participation to join amicus brief in Saia vs. City of Capitola, Sixth District Court of
Appeal, #H019076 at no cost to the Town. Carried unanimously.
MID-YEAR BUDGET REPORT FOR 1998-99 (08.07)
Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council accept the
1998-99 mid-year budget report and authorize the budget adjustments outlined in
the report and accept the desk item which was presented this evening. Carried
unanimously.
PROJECT 9931/LOS GATOS BLVD MEDIAN LANDSCAPING/RESOLUTION 1999-
17 (09.35)
Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council adopt
Resolution 1999-17 entitled, RESOLUTION OF THE TOWN OF LOS GATOS
APPROVING PLANS AND SPECIFICATIONS FOR PROJECT 9931 - LOS
GATOS BOULEVARD MEDIAN LANDSCAPING AND AUTHORIZING THE
TOWN MANAGER TO EXECUTE AN AGREEMENT WITH DIABLO
LANDSCAPING, INC, in the amount of $38,700, establish contingency of
$3,870, and authorize budget transfers. Carried unanimously.
RICHARD BALCH/SERVICE TO THE COMMUNITY/RESOLUTION 1999-18 (10.44)
Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council adopt
Resolution 1999-18 entitled, RESOLUTION OF THE TOWN OF LOS GATOS
EXPRESSING APPRECIATION FOR RICHARD BALCH'S SERVICE TO THE
COMMUNITY. Carried unanimously.
HEARINGS
MILES AVENUE 71/COMMUNITY HOUSING DEVELOPERS/APPEAL (11.09)
Mayor Hutchins stated that this was the time and place duly noted for public
hearing to consider an appeal of the decision of the Planning Commission
denying an Architecture and Site Application, a Negative Declaration and a
Conditional Use Permit to construct 12 studio apartments and a Variance
Application to construct sound walls over 6 feet in height and to locate a
detached structure within the required side setback on property zoned RM:5-12.
Also consider an appeal of the decision of the Planning Commission denying a
Development Application for a zone change for 351.72 square feet of Town
surplus land from RM:5-12:LHP to RM:5-12. Project Application PRJ-98-100.
Variance Application V-98-09. Negative Declaration ND-98-009. Development
Application DEV-98-012. Property Location: 71 Miles Avenue. Property Owner/
Applicant/Appellant: Community Housing Developers.
The following people from the audience spoke to this issue:
Bill Zavlaris, 255 North Market, San Jose, Community Housing Developers,
spoke of the neighborhood and locale for the proposed project and suggested
that it had many positive features to enhance the ambiance of a residential
project. He supported that premise with a slide show for Council and audience.
HEARINGS CONTINUED
MILES AVENUE 71/COMMUNITY HOUSING DEVELOPERS/CONT.
Speakers continued:
Bret Handcock, Thatcher and Thompson Architects, Santa Cruz, architect for
the project, spoke of the architectural elements of the project and the attempt to
mirror the historic elements of the Berry Farm's turn of the century components.
Nancy Burbank, 108 Belcrest Drive, representing the League of Women Voters,
asked that this project be approved.
Carey Williams, 16660 Cypress Way, supports the project and the need for
affordable housing in the downtown.
Betty Feldheym, 20184 Franklin Ave, Saratoga, Los Gatos Unitarian
Fellowship, supported the proposal, and asked for Council's support.
Forrest Crumpley, 16464 Shady View Lane, Affordable Housing Network,
noted the great need within the County for affordable housing and requested
approval of the project.
Melanie Aron, 250 Cerro Chico, Inter Faith Council on Race, Religion, Social
and Economic Justice, spoke of the many County wide organizations that are
supporting this project.
Nan Bixler, lives near the site, and finds the activities in the area conducive to
community living noting the Little League activities there, and noted the need for
diversified housing.
Jo Greiner, 225 Johnson, St. Luke's Food Pantry and Homeless Program, Los
Gatos Interfaith Outreach, spoke of those people who would qualify for this
housing and their delight in the location downtown.
Carl Guardino, 226 Airport Parkway, Suite 190, Silicon Valley Manufacturing
Group, spoke of the concern for those people who will be able to qualify for this
housing.
Eric Morely, 1285 Seer Ave, San Jose, Santa Clara County Housing Action
Coalition, spoke in support of the project
Ed Lucey, 322 University Ave, spoke of additional traffic and safety issues.
Paul Dubois, 121 Altura Vista, spoke in support of the housing proposal but
against the location of the project. He believes a better location could be
identified.
Helga Ruby, 18400 Overlook Road #9, asked for approval of the project.
Nayan McNeill, 225 Johnson Ave, St. Luke's Episcopal Church, urged support
of the proposal and asked Council to identify additional locations for future
projects.
Helen Gillespie, 130 Edelen Ave, spoke about isolated location, industrial area,
not a residential neighborhood, traffic problems, parking impacts and safety
issues.
Barbara Specter, 121 Edelen Ave, noted that the neighborhood liked the
appearance of the project but they never heard how the traffic, parking, noise
and safety issues would be mitigated.
Pamela Murphy, 129 Edelen, concerns with traffic and commercial vehicles in
the area and with the lack of curbs, sidewalks and lighting.
Bonnie Bamburg, 10710 Ridgeview Ave, San Jose, Community Housing
Developers, summarized the issues being addressed by the proposal, noted the
income limit for residents and asked for approval of this project by Council.
No one else from the audience addressed this issue.
Motion by Mr. Attaway, seconded by Mr. Blanton, to close the public hearing.
Carried unanimously.
HEARINGS CONTINUED
MILES AVENUE 71/COMMUNITY HOUSING DEVELOPERS/CONT.
Motion by Mrs. Lubeck, seconded by Mr. Blanton, to grant the appeal and
reverse the Planning Commission decision with the finding that this is an issue or
policy over which the Commission did not have discretion to modify or address in
that there were prior Council decisions about the zoning of the site as to whether
or not a residential project should be built there; to adopt the Mitigation
Monitoring Plan which is Attachment 3 of the Council report and note that the
sound walls are no longer required, although as addressed in Attachment 2 an
acoustically effective barrier will be placed on the north side of the common area;
to make the Negative Declaration which is Exhibit E of Attachment 8; and make
the following findings and considerations to approve the application as shown in
Exhibit G of Attachment 8 approving the applications for a Conditional Use
Permit, Architecture and Site, Variance for the laundry building, Zone Change for
351.72 square feet of Town Surplus land from RM:5-12:LHP to RM:5-12; that
the project is consistent with the General Plan and Downtown Specific Plan as
required by the Redevelopment Plan; that the project will not impact the
roadways and intersections causing them to exceed their available capacities;
that the on site landscaping plan for this project is more than adequate; that the
exterior architectural design of the buildings and structures fit historically with the
neighborhood; that the lighting on site is sufficient; that access for physically
disabled people is appropriate; and that Council approve Project Application
PRJ-98-100, Variance Application V-98-09 subject to conditions of Attachment 2.
Carried by a vote of 3 ayes. Mr. Attaway and Mr. Pirzynski voted no stating that
the site is inappropriate and a better location could be identified and a land swap
in this area might provide a more acceptable site.
The Town Clerk read the Title of the Proposed Ordinance.
Motion by Mrs. Lubeck, seconded by Mr. Blanton, to waive the reading of the
Proposed Ordinance. Carried unanimously.
Motion by Mrs. Lubeck, seconded by Mr. Blanton, that Council introduce
Proposed Ordinance entitled, ORDINANCE OF THE TOWN OF LOS GATOS
AMENDING THE ZONING MAP FROM RM:5-12:LHP TO RM:5-12 FOR
351.72 SQUARE FEET OF TOWN SURPLUS PROPERTY LOCATED AT 71
MILES AVENUE. Carried by a vote of 3 ayes. Mr. Attaway and Mr. Pirzynski
voted no for reasons noted above.
LOCAL LAW ENFORCEMENT BLOCK GRANT/PROJECT CANINE/HEARING (12.09)
Mayor Hutchins stated that this was the time and place duly noted for public
hearing to consider authorizing the Town Manager to accept funds awarded by
the Bureau of Justice Assistance for Local Law Enforcement Block Grant funds;
use of Local Law Enforcement Block Grant Funds; adopt resolution authorizing
the use of Local Law Enforcement Block Grant Funds to purchase and train a
canine and handler for drug detection, and for associated costs; increase
Revenue Account 4030 in the amount of $17,759 and Expense Account 4030-
60549, both accounts to be tracked in project canine.
Council consensus that this item be continued to the meeting of March 1, 1999
as suggested by staff.
DOWNTOWN PARKING FEASIBILITY STUDY/WATRY DESIGN GROUP (13.40)
Mayor Hutchins stated that this was the time and place duly noted to consider
final report from the Watry Design Group, parking consultants on the Downtown
Parking Feasibility Study and refer to Planning Commission for consideration of
Downtown Specific Plan amendments.
The following people from the audience spoke to this issue:
Michelle Whetler, Watry Design Group, spoke of the new designs that were
requested and presented the renderings and plans to Council.
Philip Micciche, 220 Alexander Ave, presented a letter from St Mary's School
and Church, addressing safety issues concerning access and ingress situations
for emergency reasons from the rear of the church and through the parking
structure. There was mention of noise mitigation, consideration of shade due to
height, and the free use of the church to the parking facility.
Sue Farwell, 121 Laurel, spoke of lot 13 having been donated to the Town by
the Farwell Family and the Family's continued interest of cooperating with the
Town if further donations are needed to provide the parking structure.
Bret Handcock, architect, speaking for the owners at 16 Lyndon, noted that
proposal 13B was too large and imposing and that the owners did not think the
property was being valued appropriately.
Suzanne Frazier, property owner at 16 Lyndon, was concerned about her
investment property and does not want to donate property.
Paul Shepard, 135 Tait Avenue, asked that options remain open for discussion.
Beverley Pomeroy, 224 W. Main St., asked that her home not be demolished
for parking and that the Lot 13 structure not be 30 feet high.
Margaret Smith, 40 N. Santa Cruz Ave, spoke of financing possibilities and did
not want Council to set limits on financing possibilities tonight.
Bill Bacchi, 236 N. Santa Cruz Ave, noted that some of the owners of property
on Lot 2 are prepared to donate the land for a new lot. Asked for fairness in
parking credits in consideration for land donations.
Rex Morton, 51 University Ave, Ste. I, believes the property owners will be
cooperative regarding the donated land. He noted a suggested assessment
district for the business community and a possibility of paid parking options.
Sue Farwell, 121 Laurel Ave, clarified the definition of the parking credits as
being the number of parking spaces now belonging to individual businesses.
Sheri Lewis, 59-B N. Santa Cruz Ave, encouraged Council to continued looking
for an orderly process for proceeding with the parking structures and noted that
the Chamber preferred options 2A and 13A at this time.
Margaret Smith, spoke concerning financing the lots and asked the Town to
look at four financing options and return to the Chamber with a financing
schematic.
Bert Millen, 301 N. Santa Cruz, submitted computer generated photo montage
of one story section of parking lot 2 for the record.
Bill Bacci, asked for clarification of funding options from Mr. Goldman.
Mr. Goldman, Watry Design, spoke concerning the formation of a special
benefit district and the approval process needed due to Prop 218. A special tax
would require a 2/3rds vote of property owners. A landowner petition process is
also an avenue for initiating a district.
Nick Watry, noted that paid parking needs to be evenly distributed so as not to
force parking into the free parking areas.
Sandy Decker, 45 Glen Ridge, asked that the length of construction time,
parking displacement, and other practical issues be addressed at these hearings
before they arise at a later date in the process.
No one else from the audience addressed this issue.
DOWNTOWN PARKING FEASIBILITY STUDY/WATRY DESIGN GROUP/CONT.
(13.40)
Council consensus that new parking lots and new spaces will not allow
businesses to intensify their use.
Council consensus to eliminate parking lot options 13B, 13G & 2B.
Council consensus to review the variety of options and seek public input.
Council consensus to establish a time line for reviewing the parking lot options
and arriving at decisions
Council consensus to proceed with the following public hearing schedule and
topics dealing with the proposed parking structures downtown:
*March 1st Hold discussion on community sensitive issues concerning
height of structures and paid parking options.
*March 15th Make decisions on obtaining land dedications and consider
financing issues and options.
*March 18th The Chamber of Commerce will hold its own meeting to
consider and build consensus on financing alternatives for building two parking
lots and discuss the possibilities of paid parking.
*April 5th Council will consider the lots to pursue and the funding
mechanisms to use.
*April 19th Council to make final decisions on lot proposals and
financing strategies.
OLD BLOSSOM HILL ROAD/PRJ-98-165/RESIDENTIAL PROJECT (14.09)
Mayor Hutchins stated that this was the time and place duly noted to consider
applicant's request to reconsider appeal of a decision of the Planning
Commission approving an Architecture and Site application to construct a new
residence on property zoned R-1:8; and adopt resolution denying appeal of a
decision of the Planning Commission approving an Architecture and Site
application to construct a new residence on property zoned R-1:8.
The following person from the audience spoke to this issue:
Paul Izor, owner of property on Old Blossom Hill Road, spoke about his project
and his needs concerning dedication of property and gifting of land. He asked
that his appeal be reconsidered.
No one else from the audience addressed this issue.
Motion by Mr. Attaway, seconded by Mrs. Lubeck, to reconsider this project
and its issues. Carried unanimously.
COUNCIL COMMITTEE REPORTS
Steve Blanton reported on the Santa Clara County Cities Association and its
request to have the representative cities send at least one delegate to the
National League of Cities Conference, and also to the Mayors Conference both
to be held in Washington DC this year.
ADJOURNMENT
Mayor Hutchins adjourned this evening's meeting at 10:36 P.M.
ATTEST:Marian V. Cosgrove, Town Clerk