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M 12-02-91TOWN OF LOS GATOS CALIFORNIA TOWN COUNCIL/PARKING AUTHORITY December 2, 1991 Minutes TOWN COUNCIL The Town Council/Parking Authority of the Town of Los Gatos met in the Council Chambers of the Town Hall, 110 East Main Street, at 7:35 p.m., Monday, December 2, 1991, in regular session. ROLL CALL Present:Randy Attaway, Joanne Benjamin, Steven Blanton, Brent N. Ventura and Mayor Eric D. Carlson. Absent:None. PLEDGE OF ALLEGIANCE Given by all in attendance. BRIDGE RADIO SERVICE/AGREEMENT/RESOLUTION 1991-260 Motion by Mr. Ventura, seconded by Mrs. Benjamin, that Council adopt Resolution 1991- 260 entitled, RESOLUTION OF THE TOWN OF LOS GATOS TO AUTHORIZE THE TOWN MANAGER TO EXECUTE AN AGREEMENT WITH BRIDGE RADIO SERVICES. Carried unanimously. SCHEDULE OF PUBLIC HEARINGS Informational report regarding currently scheduled public hearings was received and filed. PLANNING COMMISSION/PLANNING DEPARTMENT MONTHLY STATUS REPORT Informational report regarding activity of Planning Commission and Department was received and filed. COUNCIL CALENDAR OF MEETINGS Informational item presenting future Town Meetings for Council and other Town Boards and Commissions was received and filed. PAYROLL/RATIFICATION/NOVEMBER 1991 Motion by Mr. Blanton, seconded by Mr. Ventura, that Council ratify the accompanying check registers for payroll of October 27 through November 15, 1991, in the amount of $231,523.88 paid on November 22, 1991. Carried unanimously. TC:D2:MM120291 ACCOUNTS PAYABLE/RATIFICATION/NOVEMBER 1991 Motion by Mr. Blanton, seconded by Mr. Ventura, that Council ratify accompanying check registers for accounts payable invoices in the amount of $283,554.56 paid on November 15 and 22, 1991. Carried unanimously. CLAIM REJECTION/DALE DE SILVA Motion by Mr. Blanton, seconded by Mr. Ventura, that Council reject the claim of Dale E. DeSilva filed with the Town Clerk on October 30, 1991. Carried unanimously. TC:D2:MM120291 December 2, 1991 Los Gatos, California AMICUS BRIEF/YEE V. CITY OF ESCONDIDO Motion by Mr. Blanton, seconded by Mr. Ventura, that Council authorize participation in the above-referenced case at no cost to the Town.Carried unanimously. UNIVERSITY AVE 634/REICH/FEE REFUND Motion by Mr. Blanton, seconded by Mr. Ventura, that Council grant a fee refund in the amount of $1,450.Carried unanimously. DIRECTOR OF PUBLIC WORKS/TOWN CODE SEC 2-7(b)/RESOLUTION 1991-261 Motion by Mr. Blanton, seconded by Mr. Ventura, that Council adopt Resolution 1991- 261 entitled, RESOLUTION OF THE TOWN OF LOS GATOS APPOINTING THE TOWN MANAGER AS ACTING DIRECTOR OF PUBLIC WORKS FOR THE PURPOSE OF PERFORMING THE RESPONSIBILITIES SET FORTH IN TOWN CODE SECTION 2-7(b). Carried unanimously. 9211 PROJECT/TRAFFIC SIGNAL/WIMBLETON AND WINCHESTER/RESOLUTION 1991- 262 RESOLUTION 1991-263 Motion by Mr. Blanton, seconded by Mr. Ventura, that Council adopt Resolution 1991- 262 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE SANTA CLARA COUNTY TRAFFIC AUTHORITY FOR THE ADMINISTRATION OF THE SIGNALIZATION OF WIMBLETON DRIVE AND WINCHESTER BOULEVARD. Carried unanimously. Motion by Mr. Blanton, seconded by Mr. Ventura, that Council adopt Resolution 1991- 263 entitled, RESOLUTION OF THE TOWN OF LOS GATOS APPROVING PLANS AND SPECIFICATIONS FOR PROJECT 9211 SIGNALIZATION OF WIMBLETON DRIVE AND WINCHESTER BOULEVARD. MID-PENINSULA HOUSING COALITION/ASSIGNMENT AND ASSUMPTION AGREEMENT RESOLUTION 1991-264 Motion by Mr. Blanton, seconded by Mr. Ventura, that Council adopt Resolution 1991- 264 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE RATIFICATION OF THE MID-PENINSULA HOUSING COALITION ASSIGNMENT AND ASSUMPTION AGREEMENT AND ESCROW INSTRUCTIONS. Carried unanimously. CRIMINAL APPREHENSION PROGRAM/OCJP GRANT APPLICATION/(C-CAP) RESOLUTION 1991-265 Motion by Mr. Blanton, seconded by Mr. Ventura, that Council adopt Resolution 1991- 265 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TC:D2:MM120291 December 2, 1991 Los Gatos, California TOWN MANAGER TO ENTER INTO A C-CAP GRANT AWARD AGREEMENT. Carried unanimously. SEWER AGREEMENT/WEST VALLEY SANITATION DISTRICT/RESOLUTION 1991-266 Motion by Mr. Blanton, seconded by Mr. Ventura, that Council adopt Resolution 1991- 266 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO EXECUTE AMENDMENT NO.1 TO THE 1977 SEWER AGREEMENT BETWEEN WEST VALLEY SANITATION DISTRICT AND THE TOWN OF LOS GATOS. Carried unanimously. TC:D2:MM120291 December 2, 1991 Los Gatos, California SHANNON ROAD 18/ANNEXATION PROCEEDING/TERMINATION/RESOLUTION 1991- 267 Motion by Mr. Blanton, seconded by Mr. Ventura, that Council adopt Resolution 1991- 267 entitled, RESOLUTION OF THE TOWN OF LOS GATOS TERMINATING THE ANNEXATION OF CERTAIN INHABITED TERRITORY DESIGNATED AS SHANNON ROAD NO. 18 TO THE TOWN OF LOS GATOS. Carried unanimously. SANTA CRUZ AVE N 646/OIL CHANGERS/HEINDEL/RESOLUTION 1991-268 Motion by Mr. Blanton, seconded by Mr. Ventura, that Council adopt Resolution 1991- 268 entitled, RESOLUTION OF THE TOWN OF LOS GATOS DENYING APPEAL OF THE PLANNING COMMISSION'S DENIAL OF AN APPLICATION TO PERMIT DEMOLITION OF AN EXISTING SINGLE-FAMILY RESIDENCE AND CONSTRUCTION OF AN OIL CHANGE AND LUBRICATION FACILITY ON PROPERTY IN THE LM ZONE; CONDITIONAL USE PERMIT APPLICATION U-91-5; ARCHITECTURE AND SITE APPLICATION S-91-39; AND NEGATIVE DECLARATION ND-91-5, which incorporates the Council findings and decision at its meeting of November 18, 1991. Carried unanimously. MAIN STREET W 131/EARTHQUAKE DAMAGE/HISTORIC COMMERCIAL MACRAE/RESOLUTION 1991-269 Motion by Mr. Blanton, seconded by Mr. Ventura, that Council adopt Resolution 1991- 269 entitled, RESOLUTION OF THE TOWN OF LOS GATOS APPROVING AMENDMENT TO A PREVIOUS APPROVAL FOR RESIDENTIAL CONDOMINIUMS CHANGING THE NUMBER OF RESIDENTIAL CONDOMINIUMS ON THE SECOND FLOOR AND APPROVAL OF PLANS FOR EXTERIOR AND INTERIOR MODIFICATIONS TO AN EARTHQUAKE DAMAGED HISTORIC COMMERCIAL BUILDING IN THE C-2- LHP ZONE; CONDITIONAL USE PERMIT APPLICATION EU-91-9A; ARCHITECTURE AND SITE APPLICATION ES-90-23A, which incorporates the Council findings and decision at its meeting of November 18, 1991. Carried by a vote of 3 ayes. Mayor Carlson and Mr. Attaway voting no for reasons stated in previous record. HEARINGS UNIVERSITY AVE 237/EARTHQUAKE DAMAGE/HERNANDEZ/HEARING Mayor Carlson stated that this was the time and place duly noted for public hearing to consider an appeal of a decision of the Earthquake Restoration Committee in denying a TC:D2:MM120291 December 2, 1991 Los Gatos, California request to demolish a single-family residence in the R-1D-LHP zone, Architecture and Site Application ES-91-49A. Property located at 237 University Avenue. Property owner, Mike Hernandez. There was no one in the audience to speak to this issue. Motion by Mr. Ventura, seconded by Mr. Attaway, that Council drop this matter from the agenda since the applicants will be pursuing restoration. Carried unanimously. TC:D2:MM120291 December 2, 1991 Los Gatos, California HEARINGS CONTINUED CENTRAL COURT 5/BRANCH/APPEAL/HEARING Mayor Carlson stated that this was the time and place duly noted for public hearing to consider an appeal of a decision of the Planning Commission to approve a request for approval of plans for the construction of a single-family residence in the R-1:10,000 zone. Architecture and Site Application S-91-60. Property is located at 5 Central Court. Property owner, Dave Cunningham. Appellant, Susan Branch. The following people from the audience spoke to this issue: Susan Branch, 7 Central Court, appellant, asked that Council require a record of survey to be filed with this project before issuance of a building permit because of a material discrepancy which has shown up regarding the property lines, and if this discrepancy shows that the square footage of the lot is in error than perhaps the FAR is in error also. She also had questions regarding the 30 foot height limitation. Size and height are not in keeping with the neighborhood and setbacks should be fully maintained for privacy issues. Ann Ravel, 25 Central Avenue, next door to the proposed project. She is concerned about an oak tree on the project property, and that trenching for sewer was to be done by hand in order to protect the tree. The trenching was done by machine and the operator claimed the tree was already dead. The new home is not being built to accommodate the tree and the tree has not been appropriately pruned. She feels the home is too large for the lot and the neighborhood. Phyllis Weber, 16140 Kennedy Road, representing the owner of the property in question, John Lien, who is selling it to Mr. Cunningham. She submitted the latest survey map and letter from the engineer regarding this property, for the record. David Cunningham, 1443 Pollard Road, Campbell, expressed concerns over the disputed boundaries. Explained that all requests from staff regarding the oak tree have been followed. The request for moving the house forward on the lot was to gain extra footage for the tree. Submitted pictures for the record. No one else from the audience addressed this issue. Motion by Mr. Ventura, seconded by Mr. Blanton, that Council close the public hearing. Carried unanimously. Mr. Ventura asked staff if the recording of a survey can be a condition to the project and if we had ever required this before. Mr. Bowman does not recall it ever being required for a single family dwelling. TC:D2:MM120291 December 2, 1991 Los Gatos, California Motion by Mr. Ventura, seconded by Mr. Blanton, to grant the appeal finding that the Planning Commission erred by not considering neighborhood compatibility in relation to height, mass, style and adaptability to lot contour, and only concentrating on the boundary issue. Project to return to Design Review Committee. Carried by a vote of 4 ayes. Mr. Attaway opposed the motion stating that Planning Commission had not erred and had looked at the issues. TC:D2:MM120291 December 2, 1991 Los Gatos, California MINUTES OF NOVEMBER 18, 1991 Motion by Mr. Ventura, seconded by Mr. Attaway, that Council approve the Minutes of November 18, 1991 as submitted. Carried unanimously. MINUTES OF NOVEMBER 25, 1991 Motion by Mr. Blanton, seconded by Mr. Attaway, that Council approve the Minutes of November 25, 1991 as submitted. Carried unanimously. TREASURER'S REPORT Informational report submitted by the Treasurer to the Council for the month of October 1991, received and filed. SANTA CRUZ AVE N 41/LOS GATOS THEATER/CORMACK/REMODEL Mayor Carlson stated that this was the time and place duly noted to consider request for approval of plans for a minor modification to the exterior of an existing theater to permit an exterior door to the second floor. The following person from the audience spoke regarding this subject: Ray Cobb, Cobb and Morton Architects, 51 University Avenue, requested input from Council on a functional and appropriate plan for the entrance and stair well No one else from the audience addressed this issue. Motion by Mr. Attaway, seconded by Mr. Blanton, that Council approve the re- establishment of a ticket booth window in the exterior vestibule with a door leading to the second floor while maintaining the rounded corners at the street, and that the existing tiles shall be removed and replaced with stucco siding with continuous wainscoting as shown in the color illustration previously submitted by "Idesign". The wainscoting shall be a highly gloss deep blue color. Carried unanimously. COUNCIL POLICY/MEMBERSHIP ON BOARDS Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Mr. Blanton and Mr. Ventura form a committee of two to work on Council Policy and Procedures to be compiled in written form and to come before Council for discussion and adoption. Carried unanimously. PLACE FOR TEENS/NEW YORK AVE/LEASE AGREEMENT Mayor Carlson stated that this was the time and place duly noted to consider a lease for "A Place for Teens" at a new facility to be built at the west end of New York Ave. The following person from the audience spoke regarding this subject: Sue Anawalt, Co-President for A Place for Teens, spoke of the positive benefits to be derived from the new meeting place for teens. In regards to the proposed lease she TC:D2:MM120291 December 2, 1991 Los Gatos, California requested consideration of arbitration for the stipulation of eviction with a 30 day notice if the Teens fail to uphold the lease; also that the Teens not be held responsible for Town negligence regarding the facility; taxes on the property are also in question due to the fact that the land and building are essentially the Town's; rent at $100 a month is not the $1 a year that was first proposed; a budget proposal is difficult to formulate at the moment since the major focus and effort has been toward capital improvement of building a facility. Thanked the Community for all the support and help given to this project. No one else from the audience addressed this issue. TC:D2:MM120291 December 2, 1991 Los Gatos, California PLACE FOR TEENS CONT. Consensus motions follow: (which will generate a revised lease agreement to be brought back to Council for action.) Indemnity: Motion for consensus by Mr. Blanton, seconded by Mr. Attaway, that Council remain financially responsible to the Town and protect the Town from potential unsolicited financial obligations and include standard language to protect and hold harmless the Town in respect to performance of the lease agreement. Carried unanimously. Mediation: Motion for consensus by Mr. Ventura, seconded by Mr. Blanton, that Council be consistent in not allowing an independent third party arbitration rights to make binding decisions regarding Town's agreements or Council policy. Town to include wording in lease to recognize the Teens' investment and equity in the structure and property. Carried unanimously. Taxes and Rent: Motion for consensus by Mr. Blanton, seconded by Mr. Carlson, that Council charge no more than a $1.00 a year rent, and any imposed charges come from cost recovery fees for services which the Town may perform for the Teens upon request, such as fees for building insurance, or maintenance functions. Any tax liability will not be the responsibility of the Teen Center except for taxes incurred through their occupancy and use of the structure. The Teen Center will take care of all the necessary fees to operate the building, including fire and earthquake insurance. Carried unanimously. Budget: Motion for consensus by Mr. Blanton, seconded by Mr. Ventura, that the Teens be required to have an operating budget in place at the time of occupancy. Budget should demonstrate Teens have sufficient funds to operate the building and cover associated costs. Carried unanimously. Motion for consensus by Mr. Blanton, seconded by Mr. Ventura, that the opening of the Teen Center is a priority which staff will move on as quickly as possible without sacrificing quality of work; also funds which are owed to the Teen Center will be reimbursed as soon as possible, namely the Architecture and Site application fee of approximately $4,000. Carried unanimously. Consensus motion that Mr. Ventura and Mayor Carlson work as a committee of two with staff and Teens on finalization of lease, (within the next 2 weeks), including amendments discussed this evening. Carried unanimously. TC:D2:MM120291 December 2, 1991 Los Gatos, California SIGN REGULATIONS/REVISION Mayor Carlson stated that this was the time and place duly noted to consider report and discussion regarding auto dealer's request for suspension or revision to the sign code. The following person from the audience spoke regarding this subject: Mr. Moore, Moore Buick, asked for consideration and options to the current sign ordinance. No one else from the audience addressed this issue. TC:D2:MM120291 December 2, 1991 Los Gatos, California SIGN REGULATIONS CONT. Mr. Ventura made a statement for Council consideration as follows: The Town is facing serious financial problems at this time, and during a time of crisis reevaluation of rules and laws may be appropriate in light of new circumstances. In assessing a sector of the community that produces 45% of the Town's sales tax revenue, which is the largest single revenue source, and this sector is requesting minor allowances in the code, it would seem reasonable to grant this request even on a temporary basis subject to review when this financial crisis has passed. When in a time of crisis all segments of the community need to work together. This is a special set of circumstances which forms a nexus to allow modification of the sign ordinance. The following motions were done as consensus to be further reviewed by staff and returned to Council and the Planning Commission for final action. Motion for consensus by Mr. Attaway, seconded by Mayor Carlson, that all action taken tonight regarding the sign ordinance and auto dealers will be reviewed in six months. Carried unanimously. Motion for consensus by Mr. Ventura, seconded by Mr. Attaway, that a system be set up whereby individual dealers may use balloons, pennants, streamers Friday noon to Sunday midnight twelve times a year with written notice, at least 72 hours prior to the event, given to the Town and demonstration of acceptable cleanup. Carried unanimously. Motion for consensus by Mr. Ventura, seconded by Mr. Attaway, that a system be set up whereby collectively auto dealers may use balloons, pennants, streamers as well as bands, food, large signs at the discretion of staff. These promotions be allowed no more than four times a year and will last no more than seven days. These events will require a permit and a two week notice period to the Town. Carried unanimously. Motion for consensus by Mr. Ventura, seconded by Mr. Attaway, that Council not support any A-frame signs in the public right-of-way, but that the dealers look at banners to be hung one day a week during business hours of operation only and that the size and placement of them be carefully evaluated. Carried unanimously. Motion by consensus, to refer sign ordinance to staff for recommendation, and to be brought back to the Council as well as the Planning Commission simultaneously for consideration and action. Carried unanimously. TC:D2:MM120291 December 2, 1991 Los Gatos, California MEASURE "A"/EXPENDITURE PLAN Informational item regarding correspondence with the County Traffic Authority regarding its revised Measure A Initial Expenditure Plan was received and filed. Mr. Ventura asked that Council be kept abreast of progress and any modifications. TC:D2:MM120291 December 2, 1991 Los Gatos, California PUBLIC AUCTION/ROGER ERNST & ASSOC/SURPLUS PROPERTY/RESOLUTION 1991-270 Motion by Mrs. Benjamin, seconded by Mr. Attaway, that Council adopt Resolution 1991- 270 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO EXECUTE AN AGREEMENT WITH ROGER ERNST & ASSOCIATES INC. TO CONDUCT THE TOWN PUBLIC AUCTION OF SURPLUS AND UNCLAIMED PROPERTY AND THE AUCTION OF ASSET SEIZURE PROPERTY. Carried unanimously. ADJOURNMENT Motion by Mr. Attaway, seconded by Mr. Blanton, that Council adjourn this evening's meeting at 10:01 p.m. Carried unanimously. ATTEST: Kim Kolerus Deputy Clerk Marian V. Cosgrove Town Clerk TC:D2:MM120291