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M 06-07-99TOWN OF LOS GATOS CALIFORNIA TOWN COUNCIL/PARKING AUTHORITY JOINT REDEVELOPMENT AGENCY June 7, 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., Monday, June 7, 1999, in joint regular session. ROLL CALL Present:Randy Attaway, Linda Lubeck, Joe Pirzynski, and Vice-Mayor/Vice-Chairman Steven Blanton. Absent:Mayor/Chairman Jan Hutchins. PLEDGE OF ALLEGIANCE Given by all in attendance. CLOSED SESSION Town Attorney, Orry Korb, announced that Council had met in Closed Session prior to this evening's meeting pursuant to Government Code Section 54956.9(b), in one case and no action was taken. Pursuant to Government Code Section 54957, Council met to discuss a Public Employee Performance Evaluation. No action was taken. Pursuant to Government Code Section 54957.6, Council met to Conference with Labor Negotiator. Town Negotiator (Lead): Gary Rogers, Personnel Manager. Association/Employees: Town Manager, Town Attorney. No action was taken. PRESENTATION/MICHELE BRAUCHT/FINANCE DIRECTOR (00.44) Vice-Mayor Blanton presented the Distinguished Budget Presentation Award from the Government Finance Officers Association to Michele Braucht who was present to receive her award for high professional achievement. SCHEDULE OF PUBLIC HEARINGS (01.01) Informational report regarding currently scheduled public hearings was received TC:D11:MM060799 and filed. COUNTY REFERRALS (02.47) Motion by Mr. Pirzynski, seconded by Mr. Attaway, that Council accept the report concerning City of San Jose Referral 99-1: TC:D11:MM060799 Town Council Minutes June 7, 1999 Redevelopment Agency Los Gatos, California NUMBER LOCATION APPLICANT PDC-99-01-006 Los Gatos-Almaden Road and Union Avenue LGA Associates Limited Partnership REQUEST Rezone property from Commercial zoning to a Planned Development zoning to allow the construction of 15 courtyard style two story houses and demolish two existing commercial buildings. RECOMMENDATION Authorize Mayor to send letter opposing development to City of San Jose Council. Carried by a vote of 4 ayes. Mr. Hutchins absent. 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/MAY 1999 (04.V) Motion by Mr. Pirzynski, seconded by Mr. Attaway, that Council ratify the check registers for the payroll of May 2 through May 15, 1999 paid on May 21, 1999, in the amount of $398,978.53. Carried by a vote of 4 ayes. Mr. Hutchins absent. ACCOUNTS PAYABLE/RATIFICATION/MAY 1999 (05.V) Motion by Mr. Pirzynski, seconded by Mr. Attaway, that Council ratify the accompanying check registers for accounts payable invoices paid on May 14 and May 21, 1999, in the amount of $1,289,771.10. Carried by a vote of 4 ayes. Mr. Hutchins absent. MINUTES OF MAY 17, 1999 (06.V) Motion by Mr. Pirzynski, seconded by Mr. Attaway, that Council approve the Minutes of May 17, 1999 Joint Redevelopment/Town Council Meeting as submitted. Carried by a vote of 4 ayes. Mr. Hutchins absent. LIBRARY LOAN PERIOD CHANGES (07.44) Motion by Mr. Pirzynski, seconded by Mr. Attaway, to accept and file informational item regarding change in Library loan periods. Carried by a vote of 4 ayes. Mr. Hutchins absent. FRIENDS OF THE LOS GATOS PUBLIC LIBRARY/DONATION OF $17,990 (08.44) Motion by Mr. Pirzynski, seconded by Mr. Attaway, that Council accept donation of $17,990 from the Friends of the Los Gatos Public Library. Carried TC:D11:MM060799 Town Council Minutes June 7, 1999 Redevelopment Agency Los Gatos, California by a vote of 4 ayes. Mr. Hutchins absent. COPIER/PINNACLE DOCUMENTS/PLANNING DEPARTMENT (09.28) Motion by Mr. Pirzynski, seconded by Mr. Attaway, that Council authorize fixed asset purchase of copier for Planning Department from Pinnacle Document Systems for $24,215.53. Carried by a vote of 4 ayes. Mr. Hutchins absent. NORTH FORTY SPECIFIC PLAN/MARKET STUDY/ECONOMICS RESEARCH (10.47) Motion by Mr. Pirzynski, seconded by Mr. Attaway, that Council accept and file report and referral to the General Plan Committee and Planning Commission regarding Economics Research Associates updated market study for the North Forty Specific Plan Area. Carried by a vote of 4 ayes. Mr. Hutchins absent. WINCHESTER BLVD 15350/VILLA FELICE/PLANNED DEVELOPMENT (11.09) Motion by Mr. Pirzynski, seconded by Mr. Attaway, that Council accept and file report from Planning Commission recommending denial of Planned Development Application DEV-97-006; Project Application PRJ-98-130; and Negative Declaration ND-98-0010. Carried by a vote of 4 ayes. Mr. Hutchins absent. EMPLOYEE REFERRAL PROGRAM/BONUS PAYMENTS/RESOLUTION 1999-63 (12.10) Motion by Mr. Pirzynski, seconded by Mr. Attaway, that Council adopt Resolution 1999-63 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO ESTABLISH AN ADMINISTRATIVE POLICY IMPLEMENTING AN EMPLOYEE REFERRAL PROGRAM WITH A BONUS PAYMENT OF UP TO $1,500. Carried by a vote of 4 ayes. Mr. Hutchins absent. SAN JOSE CHAMBER OF COMMERCE/CEO STEVE TEDESCO/RESOLUTION 1999- 64 (13.44) Motion by Mr. Pirzynski, seconded by Mr. Attaway, that Council adopt Resolution 1999-64 entitled, RESOLUTION OF THE TOWN OF LOS GATOS COMMENDING THE SAN JOSE SILICON VALLEY CHAMBER OF COMMERCE AND STEVE TEDESCO. Carried by a vote of 4 ayes. Mr. Hutchins absent. MEASURE B FUNDS/20% ALLOCATION FOR DEVELOPMENT/RESOLUTION 1999- 65 (14.06) TC:D11:MM060799 Town Council Minutes June 7, 1999 Redevelopment Agency Los Gatos, California Motion by Mr. Pirzynski, seconded by Mr. Attaway, that Council adopt Resolution 1999-65 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO ENTER INTO A COOPERATIVE AGREEMENT WITH THE COUNTY OF SANTA CLARA TO RECEIVE THE 20% ALLOCATION FOR DEVELOPMENT COSTS PROVIDED BY MEASURE B FUNDS. Carried by a vote of 4 ayes. Mr. Hutchins absent. LOS GATOS BOULEVARD STRIPING/PRJ 9909/RESOLUTION 1999-66 (15.35) Motion by Mr. Pirzynski, seconded by Mr. Attaway, that Council adopt Resolution 1999-66 entitled, RESOLUTION OF THE TOWN OF LOS GATOS APPROVING PLANS AND SPECIFICATIONS FOR PROJECT 9908 - LOS GATOS BOULEVARD STRIPING, and amend 1999-2004 Capital Improvement Program to carry forward $31,800 budgeted for the project. Carried by a vote of 4 ayes. Mr. Hutchins absent. SEWER IMPROVEMENTS/PROJECT 00-09/RESOLUTION 1999-67 (16.35) Motion by Mr. Pirzynski, seconded by Mr. Attaway, that Council adopt Resolution 1999-67 entitled, RESOLUTION OF THE TOWN OF LOS GATOS APPROVING PLANS AND SPECIFICATIONS FOR PROJECT 00-09 - SEWER IMPROVEMENTS. Carried by a vote of 4 ayes. Mr. Hutchins absent. WOODED VIEW DRIVE/SUBDIVISION/TERRY ROSE/RESOLUTION 1999-68 (17.09) Motion by Mr. Pirzynski, seconded by Mr. Attaway, that Council adopt Resolution 1999-68 entitled, RESOLUTION OF THE TOWN OF LOS GATOS ACCEPTING WORK OF TERRY ROSE, DEVELOPER FOR A FOUR-LOT SUBDIVISION AT THE END OF WOODED VIEW DRIVE 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. Hutchins absent. SANTA CRUZ AVE N 236/OFFICE ON GROUND FLOOR/RESOLUTION 1999-69 (18.09) Motion by Mr. Pirzynski, seconded by Mr. Attaway, that Council adopt Resolution 1999-69 entitled, RESOLUTION OF THE TOWN OF LOS GATOS DENYING APPEAL OF A DECISION OF THE PLANNING COMMISSION TO DENY AN APPLICATION FOR USE AND OCCUPANCY APPROVAL FOR A MEDICAL OFFICE USE ON PROPERTY ZONED C-2. Carried by a vote of 4 ayes. Mr. Hutchins absent. TC:D11:MM060799 Town Council Minutes June 7, 1999 Redevelopment Agency Los Gatos, California MAIN STREET E 14-16/OFFICE ON GROUND FLOOR/RESOLUTION 1999-70 (19.09) Motion by Mr. Pirzynski, seconded by Mr. Attaway, that Council adopt Resolution 1999-70 entitled, RESOLUTION OF THE TOWN OF LOS GATOS DENYING AN APPEAL OF A DECISION OF THE PLANNING COMMISSION DENYING AN APPEAL OF A NOTICE OF VIOLATION THAT ALLEGES THAT A GROUND FLOOR RETAIL SPACE HAS BEEN ILLEGALLY CONVERTED TO AN OFFICE USE IN THE C-2 ZONE. Carried by a vote of 4 ayes. Mr. Hutchins absent. PENNSYLVANIA AVE 8/RESIDENTIAL REMODEL/RESOLUTION 1999-71 (20.09) Motion by Mr. Pirzynski, seconded by Mr. Attaway, that Council adopt Resolution 1999-71 entitled, RESOLUTION OF THE TOWN OF LOS GATOS GRANTING AN APPEAL OF A PLANNING COMMISSION DECISION GRANTING A MINOR RESIDENTIAL DEVELOPMENT APPLICATION TO CONSTRUCT A SECOND STORY ADDITION TO A PRE-1941 SINGLE FAMILY RESIDENCE ON PROPERTY ZONED R-D AND REMANDING THE APPLICATION. Carried by a vote of 4 ayes. Mr. Hutchins absent. UNIVERSITY AVENUE 50/MODIFICATIONS/WEST ELEVATION/RESOLUTION 1999-72 (21.09) Motion by Mr. Pirzynski, seconded by Mr. Attaway, that Council adopt Resolution 1999-72 entitled, RESOLUTION OF THE TOWN OF LOS GATOS GRANTING IN PART AN APPEAL OF A PLANNING COMMISSION DECISION TO APPROVE MODIFICATION TO ARCHITECTURAL AND SITE APPROVAL OF THE WEST ELEVATION OF A COMMERCIAL BUILDING ZONED C-2:PD:LHP. Carried by a vote of 4 ayes. Mr. Hutchins absent. UNIVERSITY AVENUE 565/CAMPO DI BOCCE/USE PERMIT MODIFICATION (22.09) Motion by Mrs. Lubeck, seconded by Mr. Attaway, to continue this item two weeks to June 21, 1999 for the owners to work out the details to the modification request. Carried by a vote of 4 ayes. Mr. Hutchins absent. VERBAL COMMUNICATIONS Summerhill Open Space: Greg Presedo-Floyd, 420 Hershner Way, asked that there be improvements made to the Summerhill Open Space accessibility. He requested bicycle parking TC:D11:MM060799 Town Council Minutes June 7, 1999 Redevelopment Agency Los Gatos, California racks at the foot of the trail and a pedestrian activated crosswalk near Meadowbrook and Blossom Hill to align directly across from the open space trail. Staff will receive the presented information and prepare a Council report for the agenda of July 19, 1999. TCI Senior Citizen Discounts: Shirley Henderson, 24 Los Gatos Boulevard, reported that TCI offers senior citizen discounts to all cable viewers that are over 65 years old. Council can contact TCI and receive this information and adopt a resolution requesting this service for the Town. Staff will research and prepare report for July 19, 1999. HEARINGS UNIVERSITY AVENUE 50/MODIFICATIONS/WEST ELEVATION/APPEAL (23.09) Vice-Mayor Blanton stated that this was the time and place duly noted for public hearing to consider an appeal of the Planning Commission's decision to approve modifications to the west elevation of a commercial building on property zoned c- 2:PD:LHP. Project Application: PRJ-99-001. Property Location: 50 University Avenue. Property Owner/Applicant: SRI Old Town LLC. Appellant: Stacy J. Stewart. No one from the audience addressed this issue. Motion by Mr. Pirzynski, seconded by Mr. Attaway, to continue this item to June 21, 1999. Carried by a vote of 4 ayes. Mr. Hutchins absent. There will be no further notice on this item. STACIA 169/RESIDENTIAL SUBDIVISION/APPEAL (24.09) Vice-Mayor Blanton stated that this was the time and place duly noted for public hearing to consider an appeal of a Planning Commission decision denying an application to subdivide a lot into three parcels on property zoned R-1:10. Project Application PRJ-99-023. Property Owner/Applicant/Appellant: Randy and Darlene Nelson. The following people from the audience spoke to this issue: Norm Matteoni, 1740 Technology Drive, #250, San Jose, requested a continuance so as to have the full Council present to avoid a tie vote. Bill Walker, 179 Stacia Street, as a neighbor to the project he supports the proposal. TC:D11:MM060799 Town Council Minutes June 7, 1999 Redevelopment Agency Los Gatos, California Dave Flick, 130 Stacia, noted that there are no stability problems associated with this site; that smaller homes are more compatible to this neighborhood than one large one; that the proposal is appropriate to the size and style of the surrounding homes. Bob Balcomb, 195 Stacia, has lived thirty years in the neighborhood and approves the project. No one else from the audience addressed this issue. Motion by Mr. Attaway, seconded by Mr. Pirzynski, to continue this item to July 6, 1999 when there will be a full Council so as to avoid a split vote. Carried by a vote of 4 ayes. Mr. Hutchins absent. There will be no further notice on this item. BLOSSOM HILL ROAD 14734/SUMMERHILL/RESIDENTIAL/PRJ-98-210/APPEAL (25.09) Vice-Mayor Blanton stated that this was the time and place duly noted for public hearing to consider an appeal of a Planning Commission decision to approve an Architecture and Site application to construct a single family home on property zoned HR-1:PD. Project Application: PRJ-98-210. Applicant: SummerHill Homes. Property Owner: SummerHill Blossom Ltd. Property Location 14734 Blossom Hill Road. Appellant: Krish Bhargavan. The following people from the audience spoke to this issue: Krish Bhargavan, 127 West Hill Drive, noted his proximity to the proposed home and requested that in be lower and set further from his property line for a better view and not so much shade. Elaine Breeze, 777 California Ave, representing Summerhill, spoke of the time and effort already spent on meeting the neighbors' and Town's requests. No one else from the audience addressed this issue. HEARINGS CONTINUED BLOSSOM HILL ROAD 14734/SUMMERHILL/RESIDENTIAL/CONT. Motion by Mr. Attaway, seconded by Mr. Pirzynski, to close the public hearing. Carried by a vote of 4 ayes. Mr. Hutchins absent. Motion by Mr. Attaway, seconded by Mr. Pirzynski, to uphold the Planning Commission due to all the prior meetings and cooperative work that has gone TC:D11:MM060799 Town Council Minutes June 7, 1999 Redevelopment Agency Los Gatos, California into this project. Carried by a vote of 4 ayes. Mr. Hutchins absent. LOS GATOS BOULEVARD 16185/COMMERCIAL BUILDING/APPEAL (26.09) Vice-Mayor BlantHP LaserJet Series IIHPLASEII.PRSto demolish a pre-1941 residence and to construct a new commercial building on property zoned CH. No significant environmental impacts have been identified as a result of this project, and a Negative Declaration is recommended. Project Application PRJ- 98-129. Negative Declaration ND-98-021. Property Location: 16185 Los Gatos Boulevard. Property Owner/Applicant: Michael Farah. The following person addressed Council: Shahriar Daftari, 243 Los Cerros Ave, Walnut Creek, explained that they were willing to work out design and style with the Town. Noted that the adjacent buildings are 28 feet and 24 feet high. This project's proposal is 25 feet in back and 26 1/2 feet in front. He spoke of one story in front with a recessed second floor. The project has 4 to 5 more parking spaces than required and will benefit the Town by upgrading a derelict lot. He will be aware of gaining the full support of the DRC with the next review. No one else from the audience addressed this issue. Motion by Mr. Attaway, seconded by Mr. Pirzynski, to close the public hearing. Carried by a vote of 4 ayes. Mr. Hutchins absent. Motion by Mr. Attaway, seconded by Mr. Pirzynski, to return this project to the DRC finding that the Planning Commission erred by not giving ample opportunity for the applicant to redesign the project and to demonstrate good faith in working with the community and having the opportunity to submit a design that contributes favorably to the Los Gatos Boulevard Plan; and Planning Commission may have felt that it did not have authority over this policy to make this decision. Carried by a vote of 4 ayes. Mr. Hutchins absent. JOHNSON AVE 320-324/RESIDENTIAL LOT SPLIT/APPEAL (27.09) Vice-Mayor Blanton stated that this was the time and place duly noted for public hearing to consider an appeal of a Planning Commission decision to deny a two lot subdivision on property zoned R-1:8. Project Application PRJ-98-235. Property Location: 320 and 324 Johnson Avenue. Property Owner: George and Janet Kennedy. Applicant/Appellant: John Lien. HEARINGS CONTINUED TC:D11:MM060799 Town Council Minutes June 7, 1999 Redevelopment Agency Los Gatos, California JOHNSON AVE 320-324/RESIDENTIAL LOT SPLIT CONT. The following people from the audience spoke to this issue: John Lien, 146 College, asked that the frontage on Johnson and Foster Road be combined to be considered sufficient frontage to allow the subdivision of the hundred foot lot into 50 foot lots. He did not believe a variance was called for in regards to this proposal. Dave Flick, 130 Stacia, spoke of frontage area being combined if the lot abutted two public streets. He asked that Council make the rules fit the unique needs of this lot so that the homes would blend with the rest of the neighborhood. He noted that the 100 foot lot would encourage a large home that would not be harmonious with the rest of the homes. If that type project was proposed the neighbors would all be present to complain. He noted that this proposal could be done with a variance extending the lot fifty feet all the way back or doing it legally by acknowledging the frontage on Johnson and Foster. No one else from the audience addressed this issue. Motion by Mr. Attaway, seconded by Mrs. Lubeck, to close the public hearing. Carried by a vote of 4 ayes. Mr. Hutchins absent. Motion by Mr. Attaway, seconded by Mr. Pirzynski, that council overturn the Planning Commission's decision, finding that it was not in the Commission's discretion to interpret policy of frontage being identified at the front of the lot, nor was it in its discretion to offer the option of a variance for a subdivision allowing a fifty foot frontage. To remand this item to staff to work out the details for a variance application with the applicant's assistance and with Mr. Attaway representing the Council's point of view. The variance application will be part of the subdivision application and will be subject to the standard fees. The lots may be fifty feet each in keeping with the character of this unique street but may not take access from the rear. Carried by a vote of 4 ayes. Mr. Hutchins absent. HAZARDOUS VEGETATION (BRUSH) ABATEMENT/RESO 1999-73/PUBLIC HEARING (28.28) Vice-Mayor Blanton stated that this was the time and place duly noted for public hearing to consider adopting resolution overruling objections and ordering Hazardous Vegetation Abatement of brush within the Town of Los Gatos. There was no one from the audience to speak on this issue. TC:D11:MM060799 Town Council Minutes June 7, 1999 Redevelopment Agency Los Gatos, California Motion by Mrs. Lubeck, seconded by Mr. Pirzynski, to close the public hearing. Carried by a vote of 4 ayes. Mr. Hutchins absent. Motion by Mrs. Lubeck, seconded by Mr. Pirzynski, that Council adopt Resolution 1999-73 entitled, RESOLUTION OF THE TOWN OF LOS GATOS OVERRULING OBJECTIONS AND ORDERING THE ABATEMENT OF HAZARDOUS VEGETATION (BRUSH) AS A PUBLIC NUISANCE. Carried by a vote of 4 ayes. Mr. Hutchins absent. Council consensus that the notice sent to the community does not include a list of everyone that is not in compliance, and that individual properties be noticed separately. HEARINGS CONTINUED BLACKWELL DRIVE BENEFIT ZONE/L&L DISTRICT #1/RESO 1999-74/HEARING (29.28) Vice-Mayor Blanton stated that this was the time and place duly noted for public hearing to consider adopting Resolution of Intention for Levy and Collection of Annual Assessments for Fiscal Year 1999-2000 in the Landscaping and Lighting District #1 - Blackwell Drive Benefit Zone and to set public hearing to consider the proposed assessments. There was no one from the audience to speak on this issue. Motion by Mrs. Lubeck, seconded by Mr. Pirzynski, to close the public hearing. Carried by a vote of 4 ayes. Mr. Hutchins absent. Motion by Mrs. Lubeck, seconded by Mr. Attaway, that Council adopt Resolution 1999-74 entitled, RESOLUTION OF THE TOWN OF LOS GATOS OF ITS INTENTION TO LEVY AND COLLECT ASSESSMENTS FOR FISCAL YEAR 1999-2000 IN LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT #1 - BLACKWELL DRIVE BENEFIT ZONE - AND SET A PUBLIC MEETING AND PUBLIC HEARING TO CONSIDER THE PROPOSED ASSESSMENTS. Carried by a vote of 4 ayes. Mr. Hutchins absent. HILLBROOK BENEFIT ZONE/L&L DISTRICT #1/RESO 1999-75/HEARING (30.28) TC:D11:MM060799 Town Council Minutes June 7, 1999 Redevelopment Agency Los Gatos, California Vice-Mayor Blanton stated that this was the time and place duly noted for public hearing to consider adopting Resolution of Intention for Levy and Collection of Annual Assessments for Fiscal Year 1999-2000 in the Landscaping and Lighting District #1 - Hillbrook Benefit Zone and to set public hearing to consider the proposed assessments. There was no one from the audience to speak on this issue. Motion by Mrs. Lubeck, seconded by Mr. Pirzynski, to close the public hearing. Carried by a vote of 4 ayes. Mr. Hutchins absent. Motion by Mrs. Lubeck, seconded by Mr. Pirzynski, that Council adopt Resolution 1999-75 entitled, RESOLUTION OF THE TOWN OF LOS GATOS OF ITS INTENTION TO LEVY AND COLLECT ASSESSMENTS FOR FISCAL YEAR 1999-2000 IN LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT #1 - HILLBROOK BENEFIT ZONE - AND SET A PUBLIC MEETING AND PUBLIC HEARING TO CONSIDER THE PROPOSED ASSESSMENTS. Carried by a vote of 4 ayes. Mr. Hutchins absent. KENNEDY MEADOWS BENEFIT ZONE/L&L DISTRICT #1/RESO 1999-76/HEARING (31.28) Vice-Mayor Blanton stated that this was the time and place duly noted for public hearing to consider adopting Resolution of Intention for Levy and Collection of Annual Assessments for Fiscal Year 1999-2000 in the Landscaping and Lighting District #1 - Kennedy Meadows Benefit Zone and to set public hearing to consider the proposed assessments. There was no one from the audience to speak on this issue. HEARINGS CONTINUED KENNEDY MEADOWS BENEFIT ZONE/L&L DISTRICT #1/CONT. Motion by Mrs. Lubeck, seconded by Mr. Pirzynski, to close the public hearing. Carried by a vote of 4 ayes. Mr. Hutchins absent. Motion by Mrs. Lubeck, seconded by Mr. Pirzynski, that Council adopt Resolution 1999-76 entitled, RESOLUTION OF THE TOWN OF LOS GATOS OF ITS INTENTION TO LEVY AND COLLECT ASSESSMENTS FOR FISCAL YEAR TC:D11:MM060799 Town Council Minutes June 7, 1999 Redevelopment Agency Los Gatos, California 1999-2000 IN LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT #1 - KENNEDY MEADOWS BENEFIT ZONE - AND SET A PUBLIC MEETING AND PUBLIC HEARING TO CONSIDER THE PROPOSED ASSESSMENTS. Carried by a vote of 4 ayes. Mr. Hutchins absent. SANTA ROSA HEIGHTS BENEFIT ZONE/L&L DISTRICT #1/RESO 1999-77/HEARING (32.28) Vice-Mayor Blanton stated that this was the time and place duly noted for public hearing to consider adopting Resolution of Intention for Levy and Collection of Annual Assessments for Fiscal Year 1999-2000 in the Landscaping and Lighting District #1 - Santa Rosa Heights Benefit Zone and to set public hearing to consider the proposed assessments. There was no one from the audience to speak on this issue. Motion by Mrs. Lubeck, seconded by Mr. Pirzynski, to close the public hearing. Carried by a vote of 4 ayes. Mr. Hutchins absent. Motion by Mrs. Lubeck, seconded by Mr. Pirzynski, that Council adopt Resolution 1999-77 entitled, RESOLUTION OF THE TOWN OF LOS GATOS OF ITS INTENTION TO LEVY AND COLLECT ASSESSMENTS FOR FISCAL YEAR 1999-2000 IN LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT #1 - SANTA ROSA HEIGHTS BENEFIT ZONE - AND SET A PUBLIC MEETING AND PUBLIC HEARING TO CONSIDER THE PROPOSED ASSESSMENTS. Carried by a vote of 4 ayes. Mr. Hutchins absent. VASONA HEIGHTS BENEFIT ZONE/L&L DISTRICT #1/RESO 1999-78/HEARING (33.28) Vice-Mayor Blanton stated that this was the time and place duly noted for public hearing to consider adopting Resolution of Intention for Levy and Collection of Annual Assessments for Fiscal Year 1999-2000 in the Landscaping and Lighting District #1 - Vasona Heights Benefit Zone and to set public hearing to consider the proposed assessments. There was no one from the audience to speak on this issue. Motion by Mrs. Lubeck, seconded by Mr. Pirzynski, to close the public hearing. Carried by a vote of 4 ayes. Mr. Hutchins absent. TC:D11:MM060799 Town Council Minutes June 7, 1999 Redevelopment Agency Los Gatos, California Motion by Mrs. Lubeck, seconded by Mr. Pirzynski, that Council adopt Resolution 1999-78 entitled, RESOLUTION OF THE TOWN OF LOS GATOS OF ITS INTENTION TO LEVY AND COLLECT ASSESSMENTS FOR FISCAL YEAR 1999-2000 IN LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT #1 - VASONA HEIGHTS BENEFIT ZONE - AND SET A PUBLIC MEETING AND PUBLIC HEARING TO CONSIDER THE PROPOSED ASSESSMENTS. Carried by a vote of 4 ayes. Mr. Hutchins absent. HEARINGS CONTINUED GEMINI COURT BENEFIT ZONE/L&L DISTRICT #1/RESO 1999-79/HEARING (34.28) Vice-Mayor Blanton stated that this was the time and place duly noted for public hearing to consider adopting Resolution of Intention for Levy and Collection of Annual Assessments for Fiscal Year 1999-2000 in the Landscaping and Lighting District #2 - Gemini Court Benefit Zone and to set public hearing to consider the proposed assessments. There was no one from the audience to speak on this issue. Motion by Mr. Pirzynski, seconded by Mrs. Lubeck, to close the public hearing. Carried by a vote of 4 ayes. Mr. Hutchins absent. Motion by Mr. Pirzynski, seconded by Mr. Attaway, that Council adopt Resolution 1999-79 entitled, RESOLUTION OF THE TOWN OF LOS GATOS OF ITS INTENTION TO LEVY AND COLLECT ASSESSMENTS FOR FISCAL YEAR 1999-2000 IN LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT #2 - GEMINI COURT BENEFIT ZONE - AND SET A PUBLIC MEETING AND PUBLIC HEARING TO CONSIDER THE PROPOSED ASSESSMENTS. Carried by a vote of 4 ayes. Mr. Hutchins absent. PARKING GARAGE FUNDING/OPINION SURVEY (35.40) Vice-Mayor Blanton stated that this was the time and place duly noted to consider proposals to conduct public opinion survey regarding parking garage funding and consider authorizing the Town Manager to enter into a contract to perform the survey. The following person from the audience spoke to this issue: TC:D11:MM060799 Town Council Minutes June 7, 1999 Redevelopment Agency Los Gatos, California Diane McNutt, representing the Los Gatos Chamber of Commerce, asked that Council consider the request for a statistically accurate informational document analyzing downtown parking considering factors of how often an individual uses the parking; how old is that person; are they property owners; are they residents; extrapolate real information regarding the community and its association with downtown parking. No one else from the audience addressed this issue. Council consensus to have the Town Manager review the proposals and return to Council with a report and evaluation of the consultants. POCKET ANNEXATIONS PROGRAM/SANTA CLARA COUNTY (36.14) Vice-Mayor Blanton stated that this was the time and place duly noted to consider the request of the County of Santa Clara and allow the Planning Department staff to work with the County Planning Department staff on the Pocket Annexation Project. Don Wein, from Santa Clara County Planning Department, spoke of the cooperative reasons for the County to aid the Town in acquiring pocket annexations. Consistent planning control throughout urban service area, interest of residents to be included in community identity, consistency with joint hillside plans, implementation of coordinated planning efforts were mentioned. POCKET ANNEXATIONS PROGRAM CONT. Councilmember Attaway noted that it costs the Town more in allocated services than is reimbursed to the Town through property taxes. He spoke of the 13 cents on the dollar that it costs the Town to supply service compared to the 9 cents on the dollar received in property taxes. He would like to know the total cost to the Town for accepting the proposed pockets. He asked that the County consider what it can do to guarantee the implementation of a hillside plan that meets our Town standards and answers our issues. Council consensus to continue to explore the issues of annexations and to have Town and County staff work on the project. ZONING CODE AMENDMENT A-98-04/HEIGHT & GRADE DEFINED ORDINANCE INTRODUCTION/FENCES, HEDGES & WALLS (37.46) Vice-Mayor Blanton stated that this was the time and place duly noted for introduction of a corrected ordinance amending Ordinance 2049; Town Code TC:D11:MM060799 Town Council Minutes June 7, 1999 Redevelopment Agency Los Gatos, California Section 29.10.020 (definitions for finished floor, finished grade, natural grade, and height); Section 29.10.090 (height restriction, exceptions); and Section 29.40.030 (fences, hedges and walls). Zoning Code Amend A-98-04. The Town Clerk read the Title of the Proposed Ordinance. Motion by Mr. Pirzynski, seconded by Mr. Attaway, to waive the reading of the Proposed Ordinance. Carried by a vote of 4 ayes. Mr. Hutchins absent. Motion by Mrs. Lubeck, seconded by Mr. Attaway, that Council introduce Proposed Ordinance entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING ORDINANCE 2049 -TOWN CODE SECTION 29.10.020 (DEFINITIONS FOR FINISHED FLOOR, FINISHED GRADE, NATURAL GRADE, AND HEIGHT); SECTION 29.10.090 (HEIGHT RESTRICTION, EXCEPTIONS); AND SECTION 29.40.030 (FENCES, HEDGES AND WALLS). Carried by a vote of 4 ayes. Mr. Hutchins absent. COUNCIL MEETING SCHEDULE (38.10) Council consensus to try to eliminate the August 16, 1999 meeting due to vacation schedules. ADJOURNMENT Motion by Mr. Attaway, seconded by Mr. Pirzynski, to adjourn tonight's meeting at 9:30 p.m. Carried by a vote of 4 ayes. Mr. Hutchins absent. ATTEST: Marian V. Cosgrove Town Clerk TC:D11:MM060799