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M 01-04-99TOWN OF LOS GATOS CALIFORNIA TOWN COUNCIL/PARKING AUTHORITY JOINT REDEVELOPMENT AGENCY January 4, 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 7:34 p.m., Monday, January 4, 1998, 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 54957, to discuss Public Employee Performance Evaluation concerning Town Attorney. No final action was taken. 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 7246 16695 Shannon Road DeSimone Building Site Approval/One Condition Carried unanimously. COUNCIL CALENDAR OF MEETINGS (03.10) Informational item presenting future Town Meetings for Council and other Town Boards and Commissions was received and filed. RATIFICATION OF PAYROLL/NOVEMBER-DECEMBER 1998 (04.V) Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council ratify the check registers for the payroll of November 29 through December 12, 1998 paid on December 18, 1998, in the amount of $447,208.42. Carried unanimously. ACCOUNTS PAYABLE/RATIFICATION/DECEMBER 1998 (05.V) Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council ratify the accompanying check registers for accounts payable invoices paid on December 18, 1998 in the amount of $364,735.49. Carried unanimously. MOBILE HOME PARK CONVERSION/ORDINANCE 2055 (07.46) Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council adopt Ordinance 2055 entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING TOWN CODE SECTIONS 29.20.805, 29.20.807, AND 29.20.820 REGARDING MOBILE HOME PARK CONVERSION, "FINDINGS UPON CONSIDERATION OF APPLICATION," TO IMPLEMENT HOUSING ELEMENT SECTION 3.5.10 OF THE GENERAL PLAN, which was introduced by Council at a regular meeting held on December 21, 1998. Carried unanimously. MAIN STREET EAST 210-220-226/HOTEL & RESTAURANT/ORDINANCE 2056 (08.09) Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council adopt Ordinance 2056 (as it appears in this evening's desk item before Council) entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE TOWN CODE EFFECTING A ZONE CHANGE FROM C-1 TO C-1-PD FOR PROPERTY AT 210, 220 AND 226 E. MAIN STREET, which was introduced by Council at a regular meeting held on December 21, 1998. Carried by a vote of 3 ayes. Mr. Attaway and Mr. Hutchins voted no due to concerns noted in prior record. STACIA STREET 169/RESIDENTIAL ZONE CHANGE/ORDINANCE 2057 (09.09) Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council adopt Ordinance 2057 entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONING ORDINANCE EFFECTING ZONE CHANGE FROM R-1:30,000 (SINGLE FAMILY RESIDENTIAL, 30,000 SQUARE FOOT MINIMUM LOT SIZE) TO R-1:10,000 (SINGLE FAMILY RESIDENTIAL 10,000 SQUARE FOOT MINIMUM LOT SIZE,) which was introduced by Council at a regular meeting held on December 21, 1998. Carried by a vote of 3 ayes. Mr. Attaway and Mr. Pirzynski voted no for reasons stated in prior record. VERBAL COMMUNICATIONS Council Workshop: Linda Lubeck, Councilmember, asked that the possibility of holding a Council Workshop be placed on the January 19, 1999 for discussion. HEARINGS LOS GATOS BOULEVARD 15089/COMMERCIAL BUILDINGS ORDINANCE INTRODUCTION/PUBLIC HEARING (11.09) Mayor Hutchins stated that this was the time and place duly noted for public hearing to consider a request for approval of a Planned Development Application to change the zone from R-1:8, CH, RM:5-12 to CH PD to construct two commercial buildings. Development Application DEV-98-002. Negative Declaration Application ND-98-0003. No significant environmental impacts have been identified as a result of this project, and a Negative Declaration is recommended. Property location: 15089 Los Gatos Boulevard. Property Owner/Applicant: Bill Hirschman The following people from the audience spoke to this issue: Bill Hirschman, 1540 Park Moor Ave, San Jose, explained the project to Council and asked for Council to consider the project favorably. Jan Olsen, 15189 Lester Lane, addressed safety concerns regarding the access to the project from Los Gatos Boulevard. HEARINGS CONTINUED LOS GATOS BOULEVARD 15089/COMMERCIAL BUILDINGS/CONT. Speakers continued: Larry Arzie, 18000 Overlook Road, does not believe this design creates a retail friendly building. No one else from the audience addressed this issue. Motion by Mr. Attaway, seconded by Mr. Blanton, to close the public hearing. Carried unanimously. Council Comments: Mr. Attaway and Mr. Hutchins addressed the strip mall look; the need for more parking underneath to implement the Los Gatos Boulevard Plan that no parking should be seen from the Boulevard; and that more retail be seen from the Boulevard. This building will be setting the stage for future development and there are concerns about parking and set backs. Mrs. Lubeck spoke of the secondary access to the project by the use of Bennett Way. Mr. Pirzynski noted that the North Forty should reflect its own unique character and not try to copy the downtown. He asked that the questions concerning retail be addressed by Mr. Hirschman. Motion by Mr. Pirzynski, seconded by Mrs. Lubeck, to reopen the public hearing. Carried unanimously. Mr. Hirschman addressed the concerns of retail and safety on Los Gatos Boulevard for Council. Motion by Mr. Blanton, seconded by Mr. Pirzynski, to close the public hearing. Carried unanimously. Motion by Mr. Blanton, seconded by Mr. Pirzynski, that Council make the Negative Declaration as it appears in Exhibit C of Attachment 2. Carried unanimously. Motion by Mr. Pirzynski, seconded by Mr. Blanton, to make the following findings as they appear in the staff report: that the zone change is consistent with the General Plan as it appears in Item 10, Exhibit A of Attachment 2; to adopt the findings of community benefit as required by the Town's Traffic Policy as it appears in Item 1, Exhibit A of Attachment 2; to adopt the findings required by the In-Fill Policy as it appears in Items 2-3-4 & 5 of Exhibit A of Attachment 2; to adopt the findings required by Section 29.10.09030(e) of the Town Code for the demolition of a single family house as listed in Items 6-7-8 & 9 of Exhibit A of Attachment 2. Carried by a vote of 3 ayes. Mr. Attaway and Mr. Hutchins voted no due to reasons previously stated. Motion by Mr. Blanton, seconded by Mrs. Lubeck, to adopt the Mitigation Monitoring Plan as it appears in Exhibit D of Attachment 2. Carried by a vote of 3 ayes. Mr. Attaway and Mr. Hutchins voted no. HEARINGS CONTINUED LOS GATOS BOULEVARD 15089/COMMERCIAL BUILDINGS/CONT. The following action on this item appears on the tape after Item 10 was heard. The Town Attorney asked at that time that the proper introduction of the ordinance for Item 11 be made by Council. The Town Clerk read the title of the proposed ordinance. Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council waive the reading of the proposed ordinance. Carried unanimously. Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council introduce Proposed Ordinance entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONING ORDINANCE EFFECTING A ZONE CHANGE FROM R-1:8, CH, AND RM:5-12 TO CH-PD AT 15089 LOS GATOS BOULEVARD. Carried by a vote of 3 ayes. Mr. Attaway and Mr. Hutchins voted no. NINA COURT 130/RESIDENTIAL DEVELOPMENT/APPEAL (10.09) Mayor Hutchins stated that this was the time and place duly noted for public hearing to consider Planning Commission recommendation to deny a request for approval to demolish an existing pre-1941 residence and change the zoning designation from R-1:10 to R-1:10-PD to subdivide a 1.5 acre parcel to create 4 new lots (for a total of 5 lots) plus an access street. Development Application DEV-98-003. Negative Declaration ND-98-0004. Project Application PRJ-98- 103. No significant environmental impacts have been identified as a result of this project, and a Negative Declaration has been recommended. Property location: 130 Nina Court. Property Owner/Applicants: Jerrell Wilson/Paul Boone. Hearing requested by John Lien, Architect The following people from the audience spoke to this issue: John Lien, 196 College Ave, project architect, explained the project and the reasons that the Planning Commission had erred in its decision. Robert Bixler, 104 Pinta Court spoke in favor of the project which would complete the original subdivision in this area. Paul Izor, 128 Nina Court, spoke against the size of the project and requested it be made smaller and make the impacts of the project less. Edward Nolan, 123 Pinta Court, was not in favor of the proposal. Barry Groves, 147 Vista Del Monte, was not in favor of the proposal and would appreciate more input from the neighborhood concerning any other proposal. Bob Bresniker, 125 Via Santa Maria, spoke against the proposal and safety issues concerning traffic. He submitted a letter and pictures for the record. Willis Flood, 131 Pinta Court, had many points to make about the proposed project and its size and impact on the neighborhood, including safety issues on the road. John Spaur, 1184 Longfellow Ave, Campbell, representing his father at 132 Nino, spoke about the problems facing the development and the issue of groundwater in the area Trini Gilbert, 140 Via Santa Maria, spoke about the problems of the project and the impacts it will have on her home. HEARINGS CONTINUED NINA COURT 130/RESIDENTIAL DEVELOPMENT CONT. (10.09) Speakers continued: Mary Burnside, 150 Vista Del Monte, was concerned about the easement over the property. Jeff Brown, 120 Nina Court, spoke against project. John Lien, architect for the project, readdressed the issues and answered comments made by Mr. Flood. No one else from the audience addressed this issue. Motion by Mr. Attaway, seconded by Mr. Blanton, to close the public hearing. Carried unanimously. Motion by Mr. Attaway, seconded by Mr. Pirzynski, to uphold the decision of the Planning Commission and deny the appeal. Carried unanimously. At this point the ordinance for item 11 was introduced. (11.09) COUNCIL RECESS Mayor Hutchins called a two minute recess at this time. HISTORY OF PARKING DISTRICTS/INFORMATIONAL REPORT (12.40) Mayor Hutchins stated that this was the time and place duly noted to consider report on history of parking districts. Planning Director, Lee Bowman, gave a verbal history of the downtown parking districts. Starting with the early fifties, and the purchase of the Southern Pacific Railroad right-of-way. During the sixties there were few building restrictions in the downtown and parking had very few requirements in the downtown. During the seventies the town tried to work with the issues and in the eighties, due to growth and traffic, there were restrictions placed on building and parking requirements. Presently the town is trying to plan and regulate the size of the building on the lots, the amount of parking required, the types of uses allowed in the downtown, and consideration of regulations concerning the use of the parking lots and the traffic generated by the types of businesses allowed. He spoke of the financing of the parking lots and the assessment districts. The town has completed all of the parking that it had contracted to complete and has actually paid for three quarters of the parking assessment district, whereas the business community and town were supposed to split the cost fifty-fifty. Informational report regarding history of parking districts in the downtown was received and filed by Council. PARKING CONSULTANTS REPORT/WATRY DESIGN GROUP (13.40) DOWNTOWN PARKING FEASIBILITY STUDY Mayor Hutchins stated that this was the time and place duly noted to consider draft report from the Watry Design Group, parking consultants on the Downtown Parking Feasibility Study and to provide comments for finalizing the report. PARKING CONSULTANTS REPORT/WATRY DESIGN GROUP/CONT. The following people from the audience spoke to this issue: Michelle Wendler, with Watry Design Group introduced others from the company, Heather Sterts, Nick Watry, and Bob Goldman. She summarized the report for Council. Heather Sterts, reviewed each option for parking lot 2 and parking lot 13. Bob Goldman, spoke of financing options for the proposed lots. Sue Farwell, 121 Laurel Ave, asked about different options and the costs. She asked specifically about Lot 13 designed with one below grade level, one at grade level and one above grade level. Nick Watry asked if Mr. Hutchins wanted a specific design reviewed. Mr. Hutchins asked about adding another level in the future. He asked to see one level at ground and one level above, and also the one below, one level and one above. Larry Arzie, 18000 Overlook Road, spoke of the need for both Lot 2 and Lot 13 improvements. Jim Lyon, 239 Johnson, spoke of architectural features on Lot 13 but not necessarily on Lot 2. Kent Cooper, 718 University Ave, asked for two lots to be designed and built. Sherri Lewis, Chamber of Commerce, addressed planning for the future and the designing of both lots simultaneously, and asked for the fastest and most financially feasible projects. Rex Morton, 51 University Ave, Suite I, was happy to have all of this information but noted that none of the business community or the Parking Commission had had the opportunity to review the proposals and offer any input to the process. For the last month interested parties have not been able to review the information as it was produced. Margaret Smith, 141 Tait Ave, asked for a specific time frame to work within, and a financial analysis of the costs to the town and the business community. She asked if the parking district would be assessed by square foot, and what the low, medium and high rating of an underwriter's fund would be in the market at this time. Asked for time schedule for proposed action by the town and community concerning the proposals, designs and funding of downtown parking structures. She noted that the $2 a square foot assessment might not be accurate and would like a more realistic figure with which to consider the total proposal. Suzanne Frazer, 16 Lyndon Ave, asked how the land acquisition figure was arrived at for Lot 13. The consultant noted that an estimate of 3 million an acre was used. Shirley Henderson, Antiquarium, 98 West Main, noted the difficulty in raising funds for parking. Bill Bacci, 236 North Santa Cruz, asked for immediacy in proceeding with this project. No one else from the audience addressed this issue. Mayor Hutchins announced that discussion of an ordinance process for valet parking on private lots will appear on the January 19, 1999 agenda. Attorney Korb noted that the BID could vote to participate in funding the parking improvement district. Council Comments: Council asked that the following consultants' plans be reviewed with more detail: "Lot 2, Option A," "Lot 13, Option F," "Lot 13, Option G, which is parking below, parking at grade, and parking above." Two councilmembers still want to review options for paid parking on these lots. Two councilmembers requested renderings which show how Lot 2 will look from the backyards on University Avenue and the effect of the parking structure on Royce and Bachman. Specifically how the scale, mass, height and trees will relate to the streetscape and neighbors. PARKING CONSULTANTS REPORT/WATRY DESIGN GROUP/CONT. Consultants noted Council's requests for expanded contract as follows: 1) to review the options that would lend themselves to being effective for paid parking; 2) to incorporate items from Mr. Bowman's report relative to parking demand; 3) Lot 13 at grade option; 4) Lot 13 above grade option; 5) Lot 13 one below, one at grade and one above grade option; 6) simplest version of Lot 2 incorporating options "B & C"; 7) more detailed financial analysis relative to high, medium and low financing costs; 8) more specific costs of an assessment district relative to square footage; 9) computer renderings of the Lot 2 structure. Council Consensus that consultants will return to Council with contract amendments on January 19, 1999. The final document with amendments will be available for review by Council and the community by February 1, 1999. This report will be distributed to business community, Chamber of Commerce and Parking Commission for comment. The report will return to Council for discussion and decision February 16, 1999. MEETING EXTENDED PAST MIDNIGHT Motion by Mrs. Lubeck, seconded by Mr Pirzynski, to extend the meeting past midnight. Carried by a vote of 3 ayes to 2 nays. PASSPORT ACCEPTANCE AGENCY SERVICES/RESOLUTION 1999-1 (14.01) Motion by Mr. Attaway, seconded by Mr. Blanton, that Council adopt Resolution 1999-1 entitled, RESOLUTION OF THE TOWN OF LOS GATOS APPROVING PASSPORT ACCEPTANCE AGENCY SERVICES IN THE TOWN CLERK'S OFFICE, and establish budget for passport revenue $6,010.00 increasing budget for salaries and benefits by $6,010.00 to fund .25 fte of assistant deputy clerk for 6 months. Carried by a vote of 4 ayes. Mrs. Lubeck voted no for reasons stated in prior record. MINUTES OF DECEMBER 21, 1998 (06.V) Motion by Mr. Attaway, seconded by Mr. Blanton, that Council approve the Minutes of December 21, 1998 as submitted in this evening's desk item. Carried unanimously. ADJOURNMENT Mayor Hutchins adjourned this evening's meeting at 11:58 P.M. ATTEST: Marian V. Cosgrove Town Clerk