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M 12-21-98TOWN OF LOS GATOS CALIFORNIA TOWN COUNCIL/PARKING AUTHORITY JOINT REDEVELOPMENT AGENCY December 21, 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 7:34 p.m., Monday, December 21, 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, Council met to discuss Public Employee Performance Evaluation concerning Town Attorney. No final action was taken. ARTS COMMISSION/APPOINTMENTS (0X.20) Mayor Hutchins announced that no applications had been received for two openings on the Arts Commission. The openings will be readvertised. BOARD OF APPEALS/APPOINTMENT/JACOBSON (00.20) Mayor Hutchins announced that one application had been received for three vacancies on the Board of Appeals from Warren Jacobson. Voting was held and Mr. Jacobson was appointed to term to expire 1/1/00. COMMUNITY SERVICES COMMISSION/APPOINTMENTS/BLACKSTOCK/BOITANO/EHLERT Mayor Hutchins announced that three applications had been received for three vacancies on the Community Services Commission from Toni Blackstock, Jenna Boitano and Gary Ehlert. Voting was held and Ms Blackstock, Ms Boitano and Mr. Ehlert were appointed to terms which will expire 1/1/02 COMMUNITY SERVICES COMMISSION/STUDENT MEMBER/BRIDGETTE BRIX Mayor Hutchins announced that one application had been received for one vacancy on the Community Services Commission from Bridgette Brix. Voting was held and Ms Brix was appointed to term to expire 10/31/99. PARKING COMMISSION/APPOINTMENT/REX MORTON (XXX.20) Mayor Hutchins announced that one application had been received for two vacancies on the Parking Commission from Rex Morton. Voting was held and Mr. Morton was appointed to term to expire TC:D10:MM122198 1/1/03. TC:D10:MM122198 Town Council Minutes December 21, 1998 Redevelopment Agency Los Gatos, California PARKS COMMISSION/APPOINTMENT/ROBERT RICE (X00.20) Mayor Hutchins announced that one application had been received for one vacancy on the Parks Commission from Robert Rice. Mr. Rice was appointed to term to expire 4/1/02. REDEVELOPMENT AGENCY/APPOINTMENTS (XYY.20) Mayor Hutchins announced that no applications had been received for one vacancy on the Redevelopment Agency. The opening will be readvertised. SCHEDULE OF PUBLIC HEARINGS (01.01) Informational report regarding currently scheduled public hearings was received and filed. PLANNING COMMISSION/PLANNING DEPARTMENT MONTHLY STATUS REPORT (02.47) Informational report from the Planning Commission/Planning Department regarding monthly status was received and filed. RATIFICATION OF PAYROLL/NOVEMBER 1998 (03.V) Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council ratify the check registers for the payroll of November 15 through November 29, 1998 paid on December 4, 1998, in the amount of $424,046.77. Carried unanimously. ACCOUNTS PAYABLE/RATIFICATION/DECEMBER 1998 (04.V) Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council ratify the accompanying check registers for accounts payable invoices paid on December 4 and December 11, 1998 in the amount of $320,731.46. Carried unanimously. MINUTES OF DECEMBER 7, 1998 (05.V) Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council approve the Minutes of December 7, 1998 as submitted. Carried unanimously. TOWN INVESTMENT POLICY/RESOLUTION 1998-207 (06.08) Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council adopt Resolution 1998-207 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN COUNCIL TO ACCEPT THE EXISTING INVESTMENT POLICY DATED DECEMBER 15, 1997. Carried unanimously. TREASURER'S REPORT (07.V) Informational report submitted by the Treasurer to the Council as of October 31, 1998, was received and filed. TOWN'S DEFERRED COMPENSATION PLAN/RESOLUTION 1998-202 (08A.14) INVESTMENT ALTERNATIVES THROUGH ICMA RETIREMENT CORPORATION Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council adopt Resolution 1998-202 entitled, RESOLUTION OF THE TOWN OF LOS GATOS APPROVING A REVISED TOWN OF LOS GATOS DEFERRED COMPENSATION PLAN: AMENDING AND RESTATING THE PLAN AND TRUST CUSTODIAL DOCUMENT; AND REVISING THE INVESTMENT ALTERNATIVES AVAILABLE THROUGH ICMA RETIREMENT CORPORATION. Carried unanimously. TC:D10:MM122198 Town Council Minutes December 21, 1998 Redevelopment Agency Los Gatos, California TOWN'S DEFERRED COMPENSATION PLAN/RESOLUTION 1998-203 (08B.14) TERMINATION OF SERVICES PROVIDED BY WASHINGTON MUTUAL BANK Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council adopt Resolution 1998-203 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO TERMINATE, AS SOON AS PRACTICAL IN 1999, THE DEFERRED COMPENSATION ADMINISTRATION AGREEMENT WITH WASHINGTON MUTUAL BANK. Carried unanimously. SPECIAL EVENTS LIABILITY INSURANCE/RESOLUTION 1998-204 (09.14) Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council adopt Resolution 1998-204 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO EXECUTE AN APPLICATION WITH ROBERT F. DRIVER CO., INC. TO PROVIDE SPECIAL EVENTS LIABILITY INSURANCE. Carried unanimously. JOINT TOWN COUNCIL/REDEVELOPMENT AGENCY ACTION LOS GATOS REDEVELOPMENT AGENCY ANNUAL REPORT/RESOLUTION 1998-205 (10.49) Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council adopt Resolution 1998-205 entitled, RESOLUTION OF THE TOWN OF LOS GATOS APPROVING THE 1997-98 ANNUAL REPORT FOR THE LOS GATOS REDEVELOPMENT AGENCY. Carried unanimously. MINUTES OF JOINT STUDY MEETING/MOBILE HOME PARK/DECEMBER 7, 1998 (11.V) Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council approve the Minutes as submitted of Special Called Meeting to discuss Mobile Home Park Conversions held on December 7, 1998. Carried unanimously. HEARINGS MOBILE HOME PARK CONVERSION/APPLICATION FINDINGS/PUBLIC HEARING (12.46) Consider amending Town Code Section 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, Zoning Code Amendment A-98-03. Applicant: Town of Los Gatos. Council comments: To fairly treat the residents of mobile home parks, and to also recognize the property rights of land owners. Ordinance should be fair to all parties involved. Council's roll is to do what is best for the Town. Tonight's hearing is not on the closure, and its not on the economics. The hearing is on whether or not to add a paragraph and two sentences having to do with findings. The following people from the audience spoke to this issue: Jack Jones, 484 Woodland Ave. #45, asked for a list of considerations to be added to the closure report and submitted them to the Planning Director. Jerry Mirassou, Bonnie View Mobile Home Park owner, asked for a fair ordinance, and spoke of alternative addendums that would allow some mobility to the issue. He discussed conversion options that might be allowed. TC:D10:MM122198 Town Council Minutes December 21, 1998 Redevelopment Agency Los Gatos, California HEARINGS CONTINUED MOBILE HOME PARK CONVERSION/CONT. Council comments: The General Plan requires a one to one replacement requirement at this time. That would have to be changed before anything else could be considered. Within the context of the current ordinance and the amendments suggested, the Council is given as much discretion as possible to take into account all the parties involved when a mobile home park conversion is proposed. Speakers continued: Vikki Ricktenwald, 484 Woodland Ave, #25, approved the proposed amendments, and noted that there were insufficient units to move the present mobile home park dwellers to if there is closure. Rosemary Bittmann, 108 Villa Ave, asked Council to protect existing low income housing in Town. Bill Kraus, 484 Woodland Ave #17, member of the Rent Advisory Committee, spoke of the work of the committee involving the conclusions found in the Rental Ordinance. Spoke of 10 to 15 units per acre that would allow some development, and some consideration for moderate income housing. Supported a one to one replacement ratio. Geoff Lamb, 58 Chester, asked for one to one ratio both on site and off site for maximum flexibility. No one else from the audience addressed this issue. Motion by Mr. Pirzynski, seconded by Mr. Attaway, to close the public hearing. Carried unanimously. Motion by Mr. Attaway, seconded by Mr. Pirzynski, that Council find that the amendment is consistent with the General Plan. Carried unanimously. The Town Clerk read the Title of the Proposed Ordinance. Motion by Mrs. Lubeck, seconded by Mr. Attaway, to waive the reading of the Proposed Ordinance. Carried unanimously. Motion by Mrs. Lubeck, seconded by Mr. Attaway, that Council introduce Draft Ordinance 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. Carried unanimously. Mr. Attaway, spoke for the record stating that he is not in support of an increase in density but believes in protecting the quality of life. Mr. Pirzynski noted that the ordinance is as clear as it can be with flexibility built in and he invited interested parties to return and continue discussion when this issue is scheduled again. TC:D10:MM122198 Town Council Minutes December 21, 1998 Redevelopment Agency Los Gatos, California HEARINGS CONTINUED MAIN STREET EAST 210-220-226/HOTEL & RESTAURANT/PUBLIC HEARING (13.09) Consider a request for approval of a Planned Development to change the zoning designation from C-1 to C-1:PD and an Architecture and Site application to demolish two restaurants and a pre-1941 dry cleaner building to construct a hotel with a restaurant. Development Application DEV-98-005. Project Application PRJ-98-061. Negative Declaration ND-98-0006. No significant environmental impacts have been identified as a result of this project and a Negative Declaration is recommended. Property Address: 210, 220, 226 E. Main Street. Applicant Property Owner: Eva Ogilvie. The following people from the audience spoke to this issue: Diane Ogilvie, 17525 Santa Cruz Highway, told of her years of work on this project and introduced her architect. James Starkovich, 20770 Wildwood Way #1, Saratoga, architect for the project, spoke of the ten years of working on this project, the Conceptional Review Meetings, numerous DRC meetings and 4 Planning Commission meetings while this project has been under consideration. Rosemary Bittmann, 108 Villa, spoke of the residential nature of this neighborhood and asked for a change in the design. Joanne Rodgers, 15287 Top of the Hill Road, spoke of traffic and parking problems and submitted a petition of three hundred names. Jim Lyon, 239 Johnson Ave, spoke of loss of service at this end of town. Michael Hadow, 238 E. Main St, representing First Church of Christ, Scientist, spoke in favor of the project. Tom Vum Gampi, 220 E. Main, owner of Siam-Thai Cuisine, spoke of the loss of three businesses in this location and asked for diversity in this area. Charles Tzar, 167 Villa, representing the apartments in this area, would like to see improvements in the neighborhood and asked that this project be completed. John DiManto, 1210 Coleman Ave, San Jose Construction Co., spoke of the quality of the project and the potential for success of the project. He spoke of the ratio of the larger rooms and the need for successful cost control. No one else from the audience addressed this issue. Motion by Mr. Blanton, seconded by Mr. Attaway, to close the public hearing. Carried unanimously. Council Comments: Mr. Hutchins felt that the project needed more modification listing the following concerns: retail services were needed for a small town ambiance; fewer rooms in the hotel; larger conference area is desirable; less hardscape between the buildings; more public space in the project. Mr. Blanton does not support regulating economic competition; believes in private enterprise and thinks the owners should be at risk to make the project a successful one within the guidelines set by the town. TC:D10:MM122198 Town Council Minutes December 21, 1998 Redevelopment Agency Los Gatos, California HEARINGS CONTINUED MAIN STREET EAST 210-220-226/HOTEL & RESTAURANT/CONT. Council Comments continued: Mr. Pirzynski agreed with the passage of the size of the project and the footprint of the plan but believes the other issues can be worked out in Architecture and Site Approval and that the project can be continually evaluated as it moves forward. Mrs. Lubeck noted that the restaurant will have to go through a full CUP process and many of the issues can be addressed at that time. Mr. Attaway thought that the plan was the best one so far but he spoke of the lack of parking on site and asked Council to agendize the parking issue for the Council Workshop in February. Motion by Mr. Blanton, seconded by Mrs. Lubeck, to make the Negative Declaration which is Exhibit D of Attachment 3 of the Staff Report. Carried by a vote of three ayes. Mr. Attaway and Mr. Hutchins voted no. Motion by Mr. Blanton, seconded by Mrs. Lubeck, to find that the Zone Change is consistent with the General Plan and incorporating all of the findings that the Planning Commission made in its minutes of November 4, 1998. Carried by a vote of three ayes. Mr. Attaway and Mr. Hutchins voted no. The Town Clerk read the Title of the Proposed Ordinance. Motion by Mr. Blanton, seconded by Mrs. Lubeck, to waive the reading of the Proposed Ordinance. Carried unanimously. Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council introduce Draft Ordinance 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. Carried by a vote of three ayes. Mr. Attaway voted no due to the lack of sufficient parking. Mr. Hutchins voted no because of the concerns he stated earlier. STACIA STREET 169/RESIDENTIAL ZONE CHANGE/PUBLIC HEARING (14.09) Consider a request for approval of a zone change from R-1:30 (Single Family Residential - minimum lot size 30,000 sq. ft.) to R-1:10 (Single Family Residential - minimum lot size 10,000 sq. ft.). Development Application DEV-98-008. Negative Declaration ND-98-0014. No significant environmental impacts have been identified as a result of this project, and a Negative Declaration is recommended. Property Location: 169 Stacia Street. Property Owner: Randy and Darlene Nelson. Applicant: John Lien. The following people from the audience spoke to this issue: Randy Nelson, 169 Stacia Street, explained how he had worked with the neighbors and how the lot can only support two new homes. John Lien, 196 College Ave, architect for the project, explained how the homes would fit on this lot and the little impact it would have on the neighborhood. TC:D10:MM122198 Town Council Minutes December 21, 1998 Redevelopment Agency Los Gatos, California HEARINGS CONTINUED STACIA STREET 169/HEARING CONT. Speakers Continued: Diane Galatea, 108 Alta Heights Court, spoke against the project. Suzanne Frazer, 104 Alta Heights Court, spoke against the project. Wants a rural character of the neighborhood maintained. Bill Corbet, 112 Alta Heights Court, is not in favor due to loss of view. Dan Harris, spoke of the thought going into this project and the desire to remain and live in this neighborhood. Ron Orcutt, 148 Stacia, supports the plan and feels that the answers to concerns have been answered. Cheryl Huddleston, 180 Stacia Street, spoke against the project due to hillside side erosion and pedestrian travel. Jim Lyon, 239 Johnson, spoke about grading, shared driveway, open space, tree removal, and returning for FAR variances. David Shalowsky, 140 Alta Heights, run off and drainage are problems and more thought should go into this before lot is subdivided. John Lien reiterated the fact that the project would only be built on a 25% slope. No one else from the audience addressed this issue. Motion by Mr. Pirzynski, seconded by Mr. Blanton, to close the public hearing. Carried unanimously. Motion by Mrs. Lubeck, seconded by Mr. Blanton, to make the Negative Declaration; and find that the amendment is consistent with the General Plan. Carried by a vote of three ayes. Mr. Attaway and Mr. Pirzynski voted no due to steep lot, geological and environmental impacts, shared driveway, and increased traffic on narrow road, and a change in policy that may be precedent setting. 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 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 includes the findings of community benefit made by the Planning Commission which appear in the staff report. Carried by a vote of 3 ayes. Mr. Attaway and Mr. Pirzynski voted no for reasons previously stated. TC:D10:MM122198 Town Council Minutes December 21, 1998 Redevelopment Agency Los Gatos, California FERRIS AVENUE #6/ANNEXATION/REORGANIZATION/RESOLUTION 1998-206 (15.14) Mayor Hutchins stated that this was the time and place duly noted to consider adopting resolution initiating the reorganization of the inhabited territory known as Ferris Avenue #6 to the Town of Los Gatos, setting the matter for a hearing on January 19, 1999 and directing mailing and publishing of notices of the hearing. Motion by Mr. Blanton, seconded by Mr. Attaway, that Council adopt Resolution 1998-206 entitled, RESOLUTION OF THE TOWN OF LOS GATOS INITIATING PROCEEDING FOR THE REORGANIZATION OF CERTAIN INHABITED TERRITORY DESIGNATED AS FERRIS AVENUE #6 TO THE TOWN OF LOS GATOS. Carried unanimously. CALVARY BAPTIST CHURCH/ROBIE LANE DEMOLITION REPORT (16.09) The following people from the audience spoke to this issue: Steve Torres, 16330 Los Gatos Boulevard, explained the circumstances involved in the demolition of the residence on Robie Lane. Myrna Skala, 16334 Robie Lane, spoke against the demolition and asked how it could have been done outside of the Town's influence. Dorothy Lowe, 16346 Robie Lane, spoke of the buses idling longer than they should and parking in unassigned areas at the church. Council consensus to accept and file the informational report concerning the demolition of the Robie Lane residence owned by Calvary Baptist Church. COUNCIL COMMITTEE APPOINTMENTS (17.10) Motion by Mr. Attaway, seconded by Mrs. Lubeck, that Council approve the Council Committee Appointments effective January, 1999, including Mr. Pirzynski as representative to the Emergency Preparedness Council. Carried unanimously. COUNCIL REPORTS There were no Council Committee reports this evening. ADJOURNMENT Mayor Hutchins adjourned this evening's meeting at 10:43 P.M. ATTEST: Marian V. Cosgrove Town Clerk Secretary to the Redevelopment Agency TC:D10:MM122198