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M 02-22-00TOWN OF LOS GATOS CALIFORNIA TOWN COUNCIL/PARKING AUTHORITY JOINT REDEVELOPMENT AGENCY February 22, 2000/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 22, 2000, in joint regular session. ROLL CALL Present:Jan Hutchins , Linda Lubeck, Joe Pirzynski, and Mayor/Chairman Steve Blanton. Absent:Randy Attaway PLEDGE OF ALLEGIANCE Given by all in attendance. CLOSED SESSION Town Attorney, Orry Korb, reported that Council had met in Closed Session prior to this evening’s meeting pursuant to Government Code Section 54957.6 to discuss Labor Negotiations. Lead Town Negotiator: James Piper, Assistant Town Manager/Personnel Officer regarding Employee Organization: Town Employees’ Association (TEA). Council gave direction. There was no reportable action taken. PRESENTATIONS Mayor Blanton presented a Commendation from the Town to Scott Baker for his eleven years of service with the Town as the Public Works Director. Mr. Baker was present to receive his commendation and thanked the Town for the opportunity to have served. Mayor Blanton presented a Commendation from the Town to Jack Neal for his years of service to the Town as Community Services Commissioner. Mr. Neal was present to receive his commendation and thanked the Town for the opportunity to have served. SCHEDULE OF PUBLIC HEARINGS (01.01) Informational report regarding currently scheduled public hearings was received and filed. COUNTY REFERRALS (02.47) Motion by Mr. Pirzynski, seconded by Mrs. Lubeck, that Council accept the report concerning County Referrals: NUMBER LOCATION APPLICATION REQUEST RECOMMENDATION 7649 16450 Shannon Road Sanders Building Site Approval Approval/No Conditions Carried by a vote of 4 ayes. Mr. Attaway absent. PLANNING COMMISSION/PLANNING DEPARTMENT MONTHLY STATUS REPORT (03.46) Informational report regarding activity of Planning Commission and Department was received and filed. RATIFICATION OF PAYROLL/JANUARY-FEBRUARY 2000 (04.V) Motion by Mr. Pirzynski, seconded by Mrs. Lubeck, that Council ratify the check registers for the payrolls of January 9,2000 through January 22, 2000, paid on January 28, 2000, and January 23, 2000 through February 5, 2000, paid on February 11, 2000, in the amount of $756,155.66. Carried by a vote of 4 ayes. Mr. Attaway absent. ACCOUNTS PAYABLE/RATIFICATION/JANUARY-FEBRUARY 2000 (05.V) Motion by Mr. Pirzynski, seconded by Mrs. Lubeck, that Council ratify the accompanying check registers for accounts payable invoices paid on January 28, 2000, February 4, 2000 and February 11, 2000 in the amount of $511,917.19. Carried by a vote of 4 ayes. Mr. Attaway absent. MINUTES OF JANUARY 31, 2000 (06A.V) Motion by Mr. Pirzynski, seconded by Mrs. Lubeck, that Council approve the Minutes of January 31, 2000 Town Council/Redevelopment Agency Meeting as submitted. Carried by a vote of 4 ayes. Mr. Attaway absent. MINUTES OF FEBRUARY 7, 2000 (06B.V) Motion by Mr. Pirzynski, seconded by Mrs. Lubeck, that the Agency approve the Minutes of February 7, 2000 as submitted. Carried by a vote of 4 ayes. Mr. Attaway absent. LIBRARY PLANNING PROCESS (07.44) Motion by Mr. Pirzynski, seconded by Mrs. Lubeck, that Council accept and file new library planning process. Carried by a vote of 4 ayes. Mr. Attaway absent. COMMENDATION/KATHY MORGAN/PLANNING COMMISSION/RESOLU 2000-12 (08.20) Motion by Mr. Pirzynski, seconded by Mrs. Lubeck, that Council adopt Resolution 2000-12 entitled, RESOLUTION OF THE TOWN OF LOS GATOS COMMENDING KATHRYN MORGAN FOR HER SERVICE TO THE TOWN AS A MEMBER OF THE PLANNING COMMISSION. Carried by a vote of 4 ayes. Mr. Attaway absent. METROPOLITAN TRANSPORTATION COMMISSION/LOS GATOS CREEK TRAIL (09.28) TRANSPORTATION DEVELOPMENT ACT FUNDING/RESOLUTION 2000-13 Motion by Mr. Pirzynski, seconded by Mrs. Lubeck, that Council adopt Resolution 2000-13 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO EXECUTE AND FILE AN APPLICATION WITH THE METROPOLITAN TRANSPORTATION COMMISSION FOR ALLOCATION OF TRANSPORTATION DEVELOPMENT ACT, ARTICLE 3 FUNDING FOR LOS GATOS CREEK TRAIL SAFETY UPGRADES FOR FISCAL YEAR 2000/2001. Carried by a vote of 4 ayes. Mr. Attaway absent. RIGHT -OF-WAY CERTIFICATIONS/STATE AND FEDERAL FUNDS/RESOLU 2000-14 (10.28) Motion by Mr. Pirzynski, seconded by Mrs. Lubeck, that Council adopt Resolution 2000-14 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO SIGN RIGHT-OF-WAY CERTIFICATIONS IN CONNECTION WITH STATE AND FEDERALLY FUNDED ROAD PROJECTS. Carried by a vote of 4 ayes. Mr. Attaway absent. ANNEXATION/SKY LANE 14725/SKY LANE #3/RESOLUTION 2000-15 (11.14) Motion by Mr. Pirzynski, seconded by Mrs. Lubeck, that Council adopt Resolution 2000-15 entitled, RESOLUTION OF THE TOWN OF LOS GATOS ORDERING THE REORGANIZATION OF CERTAIN UNINHABITED TERRITORY DESIGNATED AS SKY LANE #3 TO THE TOWN OF LOS GATOS. Carried by a vote of 4 ayes. Mr. Attaway absent. POLLARD ROAD LANDSCAPING/PROJECT 9936/RESOLUTION 2000-16 (12.35) Motion by Mr. Pirzynski, seconded by Mrs. Lubeck, that Council adopt Resolution 2000-16 entitled, RESOLUTION OF THE TOWN OF LOS GATOS ACCEPTING WORK OF DIABLO LANDSCAPING, INC. - PROJECT 9936 - POLLARD ROAD LANDSCAPING - 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. Attaway absent. AUDITING SERVICES FY 1999-2000 AND 2000-2001/MAZE & ASSOC./RESOLU 2000- 17 (13.28) Motion by Mr. Pirzynski, seconded by Mrs. Lubeck, that Council adopt Resolution 2000-17 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO EXECUTE AN EXTENDED CONTRACT WITH MAZE & ASSOCIATES TO PROVIDE AUDITING SERVICES FOR FISCAL YEARS 1999-2000 AND 2000-2001. Carried by a vote of 4 ayes. Mr. Attaway absent. DOWNTOWN BEAUTIFICATION PLAN (14.44) Motion by Mr. Pirzynski, seconded by Mrs. Lubeck, that Council approve the redesign concept for Santa Cruz Avenue and Bachman Avenue Intersection. Carried by a vote of 4 ayes. Mr. Attaway absent. MINUTES OF JANUARY 18, 2000 (15A.V) Motion by Mr. Pirzynski, seconded by Mrs. Lubeck, that Council approve the Joint Council/Agency Minutes of January 18, 2000 as submitted. Carried by a vote of 4 ayes. Mr. Attaway absent. MINUTES OF JANUARY 31, 2000 (15B.V) Motion by Mr. Pirzynski, seconded by Mrs. Lubeck, that Council approve the Joint Council/Agency Study Session Minutes of January 31, 2000 as submitted. Carried by a vote of 4 ayes. Mr. Attaway absent. HEARINGS MOBILE HOME PARK CONVERSION/WOODLAND AVENUE 484/HEARING (16.09) Mayor Blanton stated that this was the time and place duly noted for public hearing to consider request for approval of a Mobile Home Park Conversion Permit on property zoned RMH. Development Application DEV-97-007. Applicant: Green Valley Corporation. Property Owner: Malcolm and Margaret McNelly. (Continued on next page) HEARINGS CONTINUED MOBILE HOME PARK CONVERSION/WOODLAND AVENUE 484/CONTINUED (18.09) Speakers for this item: The following people from the audience addressed this issue: Jim Grant, 14685 Oka Road, asked Council for fairness in setting the value on the coaches and in setting relocation compensation, especially in value per square foot. He asked that zoning for Mobile Home Park always remain as such. Doug McNelly, 5476 San Felipe Road, San Jose, spoke of the mediation meetings and asked that all participants be treated fairly, landowners, coach owners and renters.. Lorraine Hoge, 14685 Oka Road #58, asked that their park be considered also. That both parks in Los Gatos have similar programs if closure is to be considered. Jack Cole, 14685 Oka Road #53, asked for consideration of the residents of the park. Gerry Mirassou, 607 Galen Drive, asked that the owners of the Mobile Home Parks also be considered fairly in the negotiations and deliberations. Mike Abkin, 102 El Olivar, asked that the Mobile Home Parks remain zoned for that use. Dave Daily, Bonnie View Park resident, asked for fair consideration. Martha Hoffman, 484 Woodland Avenue #72, asked for fair market value for her home. Michelle, 14680 Oka Road #34, Bonnie View Park, spoke of her home and desire to remain in this location and hopes Council will consider the residents’ concerns in their deliberations. Bill Krause, 484 Woodland Avenue #17, gave information concerning arbitration and asked how this arbitration would protect the home owners. Submitted materials for the record. Thomas Furr, 484 Woodland Avenue #14, asked for fair consideration as this process moves forward. Dale Wilkingson, 484 Woodland #9, asked for fair market value in the process of this park closure. Carl Turner, 484 Woodland Avenue #15, supported fair market value with this closure. Mel Beckter, 484 Woodland Avenue #34, submitted materials for the record concerning fair market value of the coaches. Doug McNelly, 5476 San Felipe Road, gave a summary of his thoughts and reaffirmed his desire to close the park. No one else from the audience addressed the issue. Motion by Mrs. Lubeck, seconded by Mr. Hutchins, to close the Public Hearing and move the decision making to March 6, 2000, so that Council would have the opportunity to review all of the submittals that were received tonight. Carried by a vote of 4 ayes. Mr. Attaway absent. CHESTER 49/SECOND STORY ADDITION/APPEAL (17.09) Mayor Blanton stated that this was the time and place duly noted for public hearing to consider an appeal of the decision of the Planning Commission denying a Architecture and Site Application to add a second story addition and to exceed the allowable Floor Area Ratio on property zoned R-1D. Architecture and Site Application S-99-17. Property Location: 49 Chester Street. Property Owner/Applicant/Appellant: Sandra Foster. The following person from the audience spoke to this issue: Julia Akita, 494 Wraight, asked that Council consider the approval of the neighbors and allow the upgrade of this neighborhood. No one else from the audience addressed this issue. HEARINGS CONTINUED CHESTER 49/SECOND STORY ADDITION/APPEAL/CONT. Motion by Mr. Pirzynski, seconded by Mr. Hutchins, to continue this item to March 6, 2000 at the request of the applicant. Carried by a vote of 4 ayes. Mr. Attaway absent. CHESTER STREET 41/RESIDENTIAL REMODEL/APPEAL (18.09) Mayor Blanton stated that this was the time and place duly noted for public hearing to consider an appeal of the decision of the Planning Commission denying the request to add a second story addition on property zoned R-1D. Minor Residential Development Application MR-99-14. Property Location: 41 Chester Street. Property Owner/Appellant: Daryl Monk. Applicant: E. Gary Schloh, AIA. The following people from the audience addressed this issue: Daryl Monk, 41 Chester, explained about his small house and requested the approval for his second story on this small lot. He felt that the design complimented the neighborhood and the large mature trees softened the effect. Gary Schloh, 213 Bean Avenue, architect for the project noted that this plan would blend well with the existing neighborhood. He spoke of a neighborhood in transition and the need to address the changes with care and concern. Bert Millen, 301 S. Santa Cruz, spoke of other upgrades in Los Gatos and how nice the neighborhoods were looking. Julia Akita, 494 Wraight, supported the project and liked the design. Jeff Lamb, 58 Chester, spoke of consistency in approving building permits and not being arbitrary in approving or denying an application. Spoke of fairly enforced rules. Bruce Kabral, 491 Woodland, supports the project. Spoke of hiring good architects and requiring good design for the neighborhood. Kavin Crane, 54 Chester, the very small homes in this neighborhood are too small and the owners need the ability to be able to expand some way. A modest second story seems most appropriate. Asked for consistent guidelines. Katrina Kabral, 491 Woodland Avenue, supported the proposal. Asked for second stories in this neighborhood so that a yard would be left for children to play in. No one else from the audience address the issue. Motion by Mr. Hutchins, seconded by Mr. Pirzynski, to close the public hearing. Carried by a vote of 4 ayes. Mr. Attaway absent. Motion by Mr. Hutchins, seconded by Mr. Blanton, to overturn the Planning Commission’s decision due to error and to grant the appeal, finding that this home is compatible to its neighborhood and is of good design; that it is a modest home with a modest remodel and is in keeping with the evolving neighborhood; and that Council has an opportunity to allow this neighborhood to evolve and progress with thoughtful design and planning. The application will be remanded to Planning Commission for a variance for the driveway and return to Council with a resolution of decision. Carried by a vote of 3 ayes. Mr. Attaway absent. Mrs. Lubeck voted no believing that the scale and mass of this house did not blend with the neighborhood and she believes the house should be shorter. DOWNTOWN PARKING IMPROVEMENT PLAN (19.40) Council consensus to have staff return with further information on the cost of the two lots. What are the least expensive lots the Town can afford, doing one level at grade and two below; and one level at grade and one below and one above? Which lot can the Town afford to build right now? Just exactly how much is the Town willing to spend and what can be purchased for that? Speakers from the audience: Larry Arzie, asked for one level at grade and one level below at Lot 2. Rex Morton, would like to leave the two levels below and one at grade. Mr. Pirzynski asked for estimates for three levels at Lot 2. Mr. Hutchins would like some estimates of two level lots or a level above at Lot 6. What will two garages look like with a budget of twelve million? Where will the financing come from? SANTA CLARA BAR ASSOCIATION/REIMBURSEMENT/RENTAL DISPUTES (20.19) Chris Burdick of the Santa Clara Bar Association requested reimbursement for the Pent House Arbitration Project. She described the total costs of $13,300, noted that the company would subtract $3,300 and requested a payment of $10,000. Council noted that the 20 cases in arbitration, at the rate of $250 a case that the Association estimated, would only amount to $5,000. Council Consensus for staff to investigate the numbers and facts, compose a contract, and return to Council for approval. COUNCIL MEETING SCHEDULE (21.10) Council Consensus to hold the public hearing at the regularly scheduled meeting of February 28, 2000, and continue the hearing to March 27, 2000 if necessary, at which time the Parking Commission and staff will have an opportunity to return to Council with a report concerning the information deliberated at the public hearing.. ADJOURNMENT Motion by Mr. Pirzynski, seconded by Mr. Hutchins, to adjourn this evening's meeting at 10:27 p.m. Carried by a vote of 4 ayes. Mr. Attaway absent. ATTEST: Marian V. Cosgrove Town Clerk