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M 01-19-99TOWN OF LOS GATOS CALIFORNIA TOWN COUNCIL/PARKING AUTHORITY JOINT REDEVELOPMENT AGENCY January 19, 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 8:05 p.m., Tuesday, January 19, 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 Mayor Hutchins announced that Closed Session had not been held this evening. PLANNING COMMISSION/APPOINTMENTS/NACHISON/QUINTANA/LYON (00.20) Mayor Hutchins announced that five applications had been received for three vacancies on the Planning Commission from James Lyon, Suzanne Muller, Laura Nachison, Lee Quintana and Donald Walker. Voting was held and Laura Nachison and Lee Quintana were appointed to terms ending 1/31/03. James Lyon was appointed to a term ending 1/31/02. TRAILS & BIKEWAYS COMMITTEE/APPOINTMENTS/MEISENBACH/D'SOUZA (XX.20) Mayor Hutchins announced that two applications had been received for two vacancies on the Trails and Bikeways Commission from Gladwyn d'Souza and Teresa Meisenbach. Voting was held and Mr. d'Souza and Ms Meisenbach were appointed to terms ending 1/31/03. 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/DECEMBER 1998 (03.V) Motion by Mrs. Lubeck, seconded by Mr. Attaway, that Council ratify the check registers for the payroll of December 13 through December 26, 1998 paid on December 31, 1998, in the amount of $353,515.85. Carried unanimously. ACCOUNTS PAYABLE/RATIFICATION/DECEMBER-JANUARY 1999 (04.V) Motion by Mrs. Lubeck, seconded by Mr. Attaway, that Council ratify the accompanying check registers for accounts payable invoices paid on December 31, 1998 and January 8, 1999, in the amount of $253,348.26. Carried unanimously. MINUTES OF JANUARY 4, 1999 (05.V) Motion by Mrs. Lubeck, seconded by Mr. Attaway, that Council approve the Minutes of January 4, 1999 as submitted in this evening's desk item. Carried unanimously. TREASURER'S REPORT (06.V) Informational report submitted by the Treasurer to the Council as of November 30, 1998, was received and filed. PROJECT 9712/LOS GATOS CREEK TRAIL/RETAINING WALL/RESOLUTION 1999- 2 (07.35) Motion by Mrs. Lubeck, seconded by Mr. Attaway, that Council adopt Resolution 1999-2 entitled, RESOLUTION OF THE TOWN OF LOS GATOS ACCEPTING WORK OF GEORGE BIANCHI CONSTRUCTION, INC.- PROJECT 9712 - LOS GATOS CREEK TRAIL RETAINING WALL AND AUTHORIZING THE TOWN MANAGER TO EXECUTE CERTIFICATE OF ACCEPTANCE AND NOTICE OF COMPLETION FOR RECORDING BY THE TOWN CLERK. Carried unanimously. PROJECT 9818/LONGMEADOW STORM DRAIN/RESOLUTION 1999-3 (08.35) Motion by Mrs. Lubeck, seconded by Mr. Attaway, that Council adopt Resolution 1999-3 entitled, RESOLUTION OF THE TOWN OF LOS GATOS ACCEPTING WORK OF WEST VALLEY CONSTRUCTION COMPANY, INC.- PROJECT 9818 -LONGMEADOW STORM DRAIN AND AUTHORIZING THE TOWN MANAGER TO EXECUTE CERTIFICATE OF ACCEPTANCE AND NOTICE OF COMPLETION FOR RECORDING BY THE TOWN CLERK. Carried unanimously. PROJECT 9806/OAKHILL PLAYGROUND RENOVATION/RESOLUTION 1999-4 (09.35) Motion by Mrs. Lubeck, seconded by Mr. Attaway, that Council adopt Resolution 1999-4 entitled, RESOLUTION OF THE TOWN OF LOS GATOS ACCEPTING WORK OF PLAYGROUNDS UNLIMITED INC. FOR - PROJECT 9806 -OAKHILL PLAYGROUND RENOVATION AND AUTHORIZE TOWN MANAGER TO EXECUTE CERTIFICATE OF ACCEPTANCE AND NOTICE OF COMPLETION FOR RECORDING BY THE TOWN CLERK. Carried unanimously. PROJECT 9925/DOWNTOWN PARKING STRUCTURE FEASIBILITY STUDY (10.35) LOT 13 AND LOT 2/WATRY DESIGN GROUP AGREEMENT/RESOLUTION 1999-5 Motion by Mrs. Lubeck, seconded by Mr. Attaway, that Council adopt Resolution 1999-5 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO EXECUTE AN AMENDMENT TO THE AGREEMENT WITH THE WATRY DESIGN GROUP TO PROVIDE PROJECT 9925 DOWNTOWN PARKING STRUCTURE FEASIBILITY STUDY FOR PARKING LOTS 2 AND 13. Carried unanimously. WILLDAN ASSOCIATES/ENGINEERING SERVICES/RESOLUTION 1999-6 (11.47) Motion by Mrs. Lubeck, seconded by Mr. Attaway, that Council adopt Resolution 1999-6 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO EXECUTE FIRST AMENDMENT TO AGREEMENT WITH WILLDAN ASSOCIATES TO PROVIDE TOWN ENGINEERING AND TRAFFIC ENGINEERING SERVICES. Carried unanimously. DONATION/WASHINGTON MUTUAL BANK/TELEPHONE SWITCHING SYSTEM (12.28) EMERGENCY OPERATIONS CENTER Motion by Mrs. Lubeck, seconded by Mr. Attaway, to accept donation by Washington Mutual Bank of a telephone switching system and telephones for use in the Emergency Operations Center, and to increase budget in Revenue Account 4010-48730 by $6,500, increase budget in Expenditure Account 4020- 77103 by $4,400, and increase budget in Expenditure Account 4020-60549 by $2,100. Carried unanimously. TOWN ATTORNEY/LETTER OF AGREEMENT/RESOLUTION 1999-7 (13.10) Motion by Mrs. Lubeck, seconded by Mr. Attaway, that Council adopt Resolution 1999-7 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AMENDING AGREEMENT BETWEEN THE TOWN OF LOS GATOS AND TOWN ATTORNEY. Carried unanimously. HEARINGS FERRIS AVENUE #6/ANNEXATION/SET DATE TO ADOPT RESOLUTION (14.09) Mayor Hutchins stated that this was the time and place duly noted for public hearing to consider protests initiating proceeding for the reorganization of certain inhabited territory designated as Ferris Avenue #6 to the Town of Los Gatos. Assistant Planning Director, Bud Lortz, asked specifically if there was anyone in the audience to file protests to this action, as this was the last opportunity to do so. There was no one from the audience to address the Council. Motion by Mr. Blanton, seconded by Mr. Attaway, to close the public hearing. Carried unanimously. Council Consensus to set Monday, February 1, 1999 as the date to adopt a resolution making a finding of the value of protests filed and not withdrawn. Carried unanimously. OLD BLOSSOM HILL ROAD/RESIDENTIAL PROJECT/APPEAL (15.09) Mayor Hutchins stated that this was the time and place duly noted for public hearing to consider 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. Project Application PRJ-98-165. Property Location: Old Blossom Hill Road. Property Owner/Appellant: Paul H. and Michelle A. Izor. The following people from the audience spoke to this issue: Paul Izor spoke about his project and the large amount of dedication that was required by the Town. He requested an easement on the Old Blossom Hill Road side of the proposal. Robert Bixler, Member of the Unitarian Church, asked what the requirements might be because of the Church's interest in purchasing a neighboring piece of property facing the same requirements. No one else from the audience addressed this issue. HEARINGS CONTINUED OLD BLOSSOM HILL ROAD/RESIDENTIAL PROJECT CONT. Motion by Mr. Blanton, seconded by Mr. Pirzynski, to close the public hearing. Carried unanimously. Motion by Mr. Attaway, seconded by Mrs. Lubeck, to uphold the Planning Commission's decision and approve the applicant's request to construct a new single family residence subject to the conditions recommended by the Development Review Committee. Carried by a vote of three ayes. Mr. Blanton and Mr. Pirzynski voted no. COUNCIL RECESS Mayor Hutchins called a two minute recess at this time. SANTA CRUZ S 140/TOLL HOUSE HOTEL EXPANSION/RESOLUTION 1999-9 (16.09) 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 to change the zoning designation from C-2 to C-2:PD to construct a 25 room addition to the Toll House Hotel and an amendment to the Central Business District Streetscape Improvement Guidelines, a. Development Application DEV-97-004, b. Negative Declaration ND-97-0015. No significant environmental impacts have been identified as a result of this project, and a Negative Declaration is recommended. Property location: 140 S. Santa Cruz Avenue. Property owner: Los Gatos Venture Ltd. Applicant: Pacific Valley Investments, Incorporated The following people from the audience spoke to this issue: Wayne Levenfeld, 14130 Silven Meadows Court, Saratoga, Operating Manager of the hotel, explained the project and its evolution and the additional streetscape work that will be done. Dick Stowers, Architect for the project asked if there were any questions from Council. Kent Cooper, 718 University Ave, Ste #217, representing the Chamber of Commerce, spoke in favor of the project. Terry Stimpson, 17 Tait Ave, supports the addition to the hotel. Shirley Henderson, Main Street, appreciates the patrons from the Toll House who frequent the shops on Main Street. Norman Snyder, 121 Wood Road, does not find any traffic impacts from the hotel patrons and is appreciative of the community benefit that will be derived from the completed project. Wayne Levenfeld, the applicant, stated he is willing to have an agreement to agree as long as the ultimate plan will be substantially the same as the plan that was proposed, or alternatively allow the town to call on the in lieu fee if there is no agreement. No one else from the audience addressed this issue. Motion by Mr. Attaway, seconded by Mrs. Lubeck, to close the public hearing. Carried unanimously. HEARINGS CONTINUED SANTA CRUZ S 140/TOLL HOUSE HOTEL CONT. Motion by Mrs. Lubeck, seconded by Mr. Pirzynski, that Council make the Negative Declaration (Exhibit M of Attachment 1); make the findings that the zone change is consistent with the General Plan and Downtown Specific Plan as is shown by the Planning Commission in its Minutes of December 9, 1998 on page 19; make the finding of community benefit as required by the Town's Traffic Policy, and as the Planning Commission noted that it will create an additional eleven travel trips in the A.M. and 13 trips in the P.M. which is not excessive, and the Town receives the community benefit of the streetscape; adopt the Mitigation Monitoring Plan (Exhibit E of Attachment 1); that Council adopt Resolution 1999-9 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AMENDING THE "CENTRAL BUSINESS DISTRICT STREETSCAPE AND IMPROVEMENT GUIDELINE." Carried by a vote of 4 ayes. Mr. Attaway voted no on the streetscape portion feeling that there should have been more public notice. Motion by Mrs. Lubeck, seconded by Mr. Pirzynski, to waive the reading of the Proposed Ordinance. Carried unanimously. Motion by Mrs. Lubeck, seconded by Mr. Pirzynski, that Council introduce Proposed Ordinance entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONING ORDINANCE EFFECTING A ZONE CHANGE FROM C-2 TO C-2:PD AT 140 S. SANTA CRUZ AVENUE. This motion contains the addition of the performance standard as shown in the desk item addressing roundabouts. A roundabout shall be designed by the applicant, and plans will be prepared by a registered civil engineer. Carried by a vote of 4 ayes. Mr. Attaway voted no. NINA COURT 130/RESIDENTIAL DEVELOPMENT/APPEAL/RESOLUTION 1999-8 (10.09) Mayor Hutchins stated that this was the time and place duly noted to consider applicant's request to reconsider decision to deny appeal of a 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; or, adopt resolution denying appeal of a 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; Property location: 130 Nina Court. Property Owner/Applicants: Jerrell Wilson/Paul Boone. Hearing requested by John Lien, Architect. NINA COURT 130/RESIDENTIAL APPEAL/RESOLUTION 1999-8/CONT. The following person from the audience spoke to this issue: John Lien, 196 College Ave, project architect, explained his reasons for asking reconsideration of this project and requested the opportunity to proceed through the process one more time to work with the neighborhood and staff. No one else from the audience addressed this issue. Motion by Mr. Blanton, seconded by Mrs. Lubeck, to reconsider this issue and application. Motion failed with Mr. Attaway, Mr. Hutchins and Mr. Pirzynski voting no. Mr. Blanton and Mrs. Lubeck voted yes. Motion by Mr. Attaway, seconded by Mr. Pirzynski, that Council adopt Resolution 1999-8 entitled, RESOLUTION OF THE TOWN OF LOS GATOS DENYING APPEAL OF A 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. Carried by a vote of 4 ayes. Mrs. Lubeck voted no. PARKING IMPROVEMENTS IN THE DOWNTOWN (18.40) Council discussed many parking issues addressed in the staff report. Council Consensus to refer valet parking on private parking lots to the Planning Commission and Parking Commission for consideration of an ordinance amendment. Council Consensus to return to Council with a six month extension of the license agreement for valet parking at 141 South Santa Cruz Avenue for Lyndon Plaza, and request that staff monitor the success of this activity at this location. Council Consensus to remove Item C at this time from the list of considerations. Council Consensus to have staff, Parking Commission and Planning Commission continue addressing the items listed in the staff report and add signage and University Ave. to the list. The following items were also brought up for further review and discussion: *When does valet parking work? *When does valet parking not work? *If the Town is to support a valet program, it must be for a program that can support a history of success. *What are the hours that prove the most significant for valet parking? *What are the costs involved that could be mitigated? *Allowing valet parking on private lots confers the economic motivators for a successful program to the owners of the property and business. TOWN COUNCIL MEETING SCHEDULE FY 1998-1999 (19.10) Council Consensus to amend Town Council Meeting Schedule for Fiscal Year 1998-1999 scheduling an additional Town Council workshop on February 22, 1999. COUNCIL REPORTS (20.10) Mr. Pirzynski reported on the Emergency Preparedness Council. He noted that on October 13, 1999, the Council will recognize the Tenth Anniversary of the Loma Prieta Earthquake with a program of activities. Mr. Hutchins noted that the League of California Cities had an opening for a Los Gatos representative on the Housing Trust Fund which is gathering federal grants and county grants. If the cities present a united front on affordable housing needs in Silicon Valley there will be funding of 20 million dollars made available. Regina Falkner may be selected for that seat and be able to secure some funding for Los Gatos. Mr. Hutchins noted that the Town Manager and Mayor will meet every Wednesday at 4 p.m. with the Chamber of Commerce to discuss upcoming agendas and concerns of the Chamber and increase and improve communications between the bodies. ADJOURNMENT Mayor Hutchins adjourned this evening's meeting at 10:19 P.M. ATTEST: Marian V. Cosgrove Town Clerk