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M 02-17-98TOWN OF LOS GATOS CALIFORNIA TOWN COUNCIL/PARKING AUTHORITY JOINT REDEVELOPMENT AGENCY February 17, 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 7:30 p.m., Tuesday, February 17, 1998, in joint regular session. ROLL CALL Present:Randy Attaway, 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 prior to this evening's meeting Council had met in Closed Session Pursuant to Government Code Section 54956.9(a) (Pending Litigation) to consider State of California, et al. v. Bank of America NT & SA, et al., Superior Court, San Francisco County, Case #968-484. There was no action to report at this time. CERTIFICATE OF ACHIEVEMENT/GOVERNMENT FINANCE OFFICERS' ASSOCIATION Mayor Lubeck announced that the Certificate of Achievement award has been presented by the Government Finance Officers' Association to Town's Finance Director Michele Braucht. Mayor Lubeck congratulated Ms Braucht who was present to receive the award. 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 regarding activity of Planning Commission and Department was received and filed. RATIFICATION OF PAYROLL/JANUARY 1998 (03.V) Motion by Mrs. Benjamin, seconded by Mr. Hutchins, that Council ratify the check registers for the payrolls of January 11 through January 24, 1998 paid on January 30, 1998 in the amount of $336,009.42. Carried unanimously. ACCOUNTS PAYABLE/RATIFICATION/JANUARY-FEBRUARY 1998 (04.V) Motion by Mrs. Benjamin, seconded by Mr. Hutchins, that Council ratify the accompanying check registers for accounts payable invoices paid on January 30 and February 6, 1998 in the amount of $316,727.36. Carried unanimously. MINUTES OF FEBRUARY 2, 1998 (05.V) TC:D10:MM021798 Motion by Mrs. Benjamin, seconded by Mr. Hutchins, that Council approve the Minutes of February 2, 1998 as submitted. Carried unanimously. TC:D10:MM021798 Town Council Minutes February 17, 1998 Redevelopment Agency Los Gatos, California CALVARY BAPTIST CHURCH/APPEAL/RESOLUTION 1998-6 (06.09) Motion by Mrs. Benjamin, seconded by Mr. Hutchins, that Council accept the Town Attorney's report that Council Resolution 1998-6 need not be amended and that the minutes of the Council meeting of January 5, 1998 concerning the public hearing on the appeal of Project Application PRJ- 97-156 will be forwarded to the Planning Commission. Carried unanimously. PLANNING COMMISSION/COMMENDATION/MIKE ABKIN/RESOLUTION 1998-14 (08.20) Motion by Mrs. Benjamin, seconded by Mr. Hutchins, that Council adopt Resolution 1998-14 entitled, RESOLUTION OF THE TOWN OF LOS GATOS COMMENDING MIKE ABKIN FOR HIS SERVICE TO THE TOWN AS A MEMBER OF THE PLANNING COMMISSION. Carried unanimously. SANTA CLARA VALLEY WATER DISTRICT/RESOLUTION 1998-15 (09.37) INTEGRATED WATER RESOURCE AGENCY/COMMENDATION FOR SERVICE Motion by Mrs. Benjamin, seconded by Mr. Hutchins, that Council adopt Resolution 1998-15 entitled, RESOLUTION OF THE TOWN OF LOS GATOS CONGRATULATING THE SANTA CLARA VALLEY WATER DISTRICT ON 30 YEARS OF SERVICE AS AN INTEGRATED WATER RESOURCE AGENCY. Carried unanimously. HEARINGS LARK AVENUE 16673/PLANNED DEVELOPMENT/ZONE CHANGE HEARING (10.09) Mayor Lubeck stated that this was the time and place duly noted for public hearing to consider report from Planning Commission on approval of a Planned Development Application to change the zone from R-1:8 to RM:5-12 PD to construct 24 residential units. Development application DEV-96-4. Negative Declaration Application ND-96-15. No significant environmental impacts have been identified as a result of the project and a Negative Declaration is recommended. Property location: 16673 Lark Avenue. Property Owner: Yuki Farms. Applicant: Cupertino Development Corporation. The following people from the audience spoke to this issue: Roger Griffin, Paragon Design Group, representing Landmark, and architect for the project, spoke of changes made to the project: increased landscaping; reduced paving on Lark Ave; one lot is single story; one story BMP at the entrance to the project; moved project back; eliminated swimming pool; additional landscaping and community recreational space; patios and porches have been retained; tipped landscaping to be viewed from Lark; ten large field grown oak trees, twenty-four feet high; landscaping to be placed before construction to shield Lark from the construction site. These elements were added to address the concerns of Council. He asked for Council's approval this evening. He noted that the plans submitted February 6, 1998 were the ones Council should be considering in their packet. The desk item is a duplicate of these plans. Larry Guy, 109 Altura Vista, representing Cupertino Development Corp., showed pictures of the trees that will be screening the project and that two homes were now single story and that the project was further recessed on Lark. The square footage of fourteen units was decreased, and the roof line height along Lark was lowered and the houses stepped back. No one else from the audience addressed this issue. TC:D10:MM021798 Town Council Minutes February 17, 1998 Redevelopment Agency Los Gatos, California HEARINGS CONTINUED LARK AVENUE 16673/PLANNED DEVELOPMENT Motion by Mrs. Benjamin, seconded by Mr. Blanton, to close the public hearing. Carried unanimously. Council Comments: Mr. Attaway and Mrs. Benjamin Were pleased with the work the contractors submitted and felt that they had attempted to follow the Council guidelines. They felt the plan was much better than the previous one but there should have been a better mix of single and two story houses. The project could be more aesthetically designed as it will remain in the community for a long time. It still appears too massive for this location. Mr. Hutchins Expressed the opinion that the removal of the pool and the set backs and landscaping have given the project a more opened look and the placement of the single story homes helps with the problem of mass. The changes soften the effect from Lark and still allow enough open space within the project to make it a nice place to live. Mr. Blanton and Mrs. Lubeck Approved the project previously and still support the plan. Motion by Mr. Hutchins, seconded by Mr. Blanton, that Council: 1) Make the Negative Declaration; 2) Find that the zone change is consistent with the General Plan as the density is at the lower level of the acceptable General Plan requirements for this area; 3) Find there is Community Benefit in supplying a variety of housing as noted in the Town's Traffic Policy and Development Policy for In- Fill Projects; 4) Find as required by Section 29.10.09030(e) of the Town Code for the demolition of a single-family residence, subject to the performance standards identified as part of the Planned Development Ordinance (incorporating the findings of the Planning Commission); 5) Adopt the Mitigation Monitoring Plan as in Exhibit G of Attachment 1 of the staff report; 6) Address this motion to the plans of February 6, 1998 and which are the ones which were included in the packet for this meeting. Carried by a vote of three ayes. Mr. Attaway and Mrs. Benjamin voted no. The Town Clerk read the Title of the Proposed Ordinance. Motion by Mr. Hutchins, seconded by Mr. Blanton, to waive the reading of the Proposed Ordinance. Carried unanimously. Motion by Mr. Hutchins, 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 TO RM:5-12PD AT 16673 LARK AVENUE. Carried by a vote of three ayes. Mr. Attaway and Mrs. Benjamin voted no. TC:D10:MM021798 Town Council Minutes February 17, 1998 Redevelopment Agency Los Gatos, California LOCAL EMERGENCY DECLARED FEBRUARY 3, 1998 (11.28) QUESTION OF TERMINATION/RESOLUTION 1998-16 Motion by Mr. Attaway, seconded by Mr. Blanton, that Council adopt Resolution 1998-16 entitled, RESOLUTION OF THE TOWN OF LOS GATOS PROCLAIMING THE TERMINATION OF THE LOCAL EMERGENCY WHICH WAS DECLARED ON FEBRUARY 3, 1998 AS A RESULT OF SEVERAL DAYS OF CONTINUOUS HEAVY RAINS. Carried unanimously. MID-YEAR BUDGET REPORT 1997-98 (07.05) Council Comments: Bring forward the Mid Year Budget again with corrections for readoption Include this item in the Workshop Agenda for February 21, 1998 Receive input from the Council as to where the monies should be spent Have a discussion concerning the philosophical direction of these expenditures Consider Capital Improvements and parking structure funding Overtime hours are very expensive and contracting out or hiring new employees may be more beneficial/Overtime tends to burn out staff/New employees may be more efficient and less costly One time monies should be accelerated toward already planned items Street repairs should have top priority as the rains are causing a great deal of deterioration Motion by Mr. Attaway, seconded by Mrs. Benjamin, to continue this item to March 2, 1998. Carried unanimously. The makers of the motion and the second agreed to change the date to March 16, 1998. COUNCIL COMMITTEE REPORTS Joanne Benjamin noted that on Thursday, February 5, 1998, Micky Edwards, spoke on "Why People Don't Trust Government" at the Sunnyvale City Hall at 7:30 p.m. He held an interesting discussion after his talk which was well received even though a storm kept many at home. He discussed how congress works which is very different than working with local government. ADJOURNMENT Mayor Lubeck adjourned this evening's meeting at 8:12 p.m. ATTEST: Marian V. Cosgrove Town Clerk TC:D10:MM021798