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M 11-07-94TOWN OF LOS GATOS CALIFORNIA TOWN COUNCIL/PARKING AUTHORITY November 7, 1994 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 7:37 p.m., Monday, November 7, 1994, in regular session. ROLL CALL Present:Joanne Benjamin (arrived at 9:35 PM), Steven Blanton, Linda Lubeck, Patrick O'Laughlin and Mayor Attaway. Absent:None. PLEDGE OF ALLEGIANCE Given by all in attendance. CLOSED SESSION Larry Anderson, Town Attorney, stated that Council had met in Closed Session prior to this evening's meeting pursuant to Government Code Section 54956.9(a), to discuss Pending Litigation regarding FDIC v. Town of Los Gatos, U.S. District Court, Northern District Court, Case No. C93-1940 SBA; a judicial foreclosure action brought by the FDIC on a first deed of trust on property in Pittsburg. A possible settlement was discussed with Council and is now being submitted to the FDIC. Pursuant to Government Code Section 54956.9(a), Council met to discuss Pending Litigation regarding McNelly v. Town of Los Gatos in Santa Clara County Superior Court, Case 729007, concerning the Los Gatos Mobil Home Park and the Town's rent mediation ordinance. Council was updated on the current status of the case and how it is being handled. Pursuant to Government Code Section 54956.9(a), Council met to discuss Pending Litigation regarding Pachal v. Town of Los Gatos in Santa Clara County Superior Court, Case 732487, concerning a personal injury action brought by bicyclist. Possible settlement and further prosecution were discussed. PRESENTATION/IMAGES OF NATURE/LARRY TRUMBULL (00.43) Mayor Attaway received a presentation of a check from Larry Trumbull of the Images of Nature as a contribution to the Los Gatos Library from a percentage of the store's sales receipts. SCHEDULE OF PUBLIC HEARINGS (01.01) Informational report regarding currently scheduled public hearings was received and filed. TC:D6:MM110794 November 7, 1994 Los Gatos, California COUNTY REFERRALS (02.47) Motion by Mrs. Lubeck, seconded by Mr. O'Laughlin, that Council approve the recommended action concerning County Referrals: # LOCATION APPLICANT REQUEST RECOMMENDATION 5648 150 Wood Road Nash Grading Permit Approval/two conditions Grading Abatement/Building Site Approval Carried by a vote of 4 ayes. Mrs. Benjamin was absent. PLANNING COMMISSION/PLANNING DEPARTMENT MONTHLY STATUS REPORT (03.47) Informational report regarding activity of Planning Commission and Department was received and filed. CODE COMPLIANCE/QUARTERLY REPORT (04.47) Informational report from the Code Compliance Officer regarding abatement of code violations was received and filed. COUNCIL CALENDAR OF MEETINGS (05.10) Informational item presenting future Town Meetings for Council and other Town Boards and Commissions was received and filed. PAYROLL RATIFICATION/OCTOBER 1994 (06.V) Motion by Mrs. Lubeck, seconded by Mr. O'Laughlin, that Council ratify the check registers for the payrolls of September 25 through October 8, 1994 paid on October 14, 1994 and October 9 through October 22, 1994 paid on October 28, 1994 in the amount of $582,700.48. Carried by a vote of 4 ayes. Mrs. Benjamin was absent. ACCOUNTS PAYABLE/RATIFICATION/OCTOBER 1994 (07.V) Motion by Mrs. Lubeck, seconded by Mr. O'Laughlin, that Council ratify the accompanying check registers for accounts payable invoices paid on October 14, 21, and 28, 1994 in the amount of $973,785.10. Carried by a vote of 4 ayes. Mrs. Benjamin was absent. TREASURER'S REPORT (08.V) Informational report submitted by the Treasurer to the Council as of September 30, 1994, was received and filed. GENERAL PLAN/SANTA CLARA COUNTY (09.13) Motion by Mrs. Lubeck, seconded by Mr. O'Laughlin, that Council accept and file report on Santa Clara County General Plan. Carried by a vote of 4 ayes. Mrs. Benjamin absent. MINUTES OF OCTOBER 17, 1994 (10A.V) Motion by Mrs. Lubeck, seconded by Mr. O'Laughlin, that Council approve the Minutes of October 17, 1994 as submitted. Carried by a vote of 4 ayes. Mrs. Benjamin was absent. MINUTES OF OCTOBER 25, 1994 (10B.V) TC:D6:MM110794 November 7, 1994 Los Gatos, California Motion by Mrs. Lubeck, seconded by Mr. O'Laughlin, that Council approve the Minutes of October 25, 1994 as submitted. Carried by a vote of 4 ayes. Mrs. Benjamin was absent. TC:D6:MM110794 November 7, 1994 Los Gatos, California CLAIM REJECTION/DOUGLAS PRESTON EASLEY (11.01) Motion by Mrs. Lubeck, seconded by Mr. O'Laughlin, that Council reject claim of Douglas Preston Easley filed October 4, 1994 with the Town Clerk. Carried by a vote of 4 ayes. Mrs. Benjamin absent. BELGATOS PARK/PLAYGROUND PROJECT (12.35) Motion by Mrs. Lubeck, seconded by Mr. O'Laughlin, that Council increase Belgatos Park Playground Project funding by $11,000 by accepting donation of $4,500 collected by the Friends of Belgatos Park and increase revenue budget 475-48730 for playground equipment from $0 to $4,500, and transfer $6,500 from account 4450-99475 Los Gatos Creek Trail to account 475-49450 Belgatos Park Playground as presented in this meeting's desk item. Carried by a vote of 4 ayes. Mrs. Benjamin absent. CANON READER PRINTER/BAY MICROFILM/RESOLUTION 1994-155 (13.28) Motion by Mrs. Lubeck, seconded by Mr. O'Laughlin, that Council adopt Resolution 1994-155 entitled, RESOLUTION OF THE TOWN OF LOS GATOS TO AUTHORIZE THE TOWN MANAGER TO PURCHASE A CANON MP-60 READER PRINTER FROM BAY MICROFILM, INC., for $3,444.72, account 100-26100. Carried by a vote of 4 ayes. Mrs. Benjamin absent. SOLID WASTE MANAGEMENT/PUBLIC EDUCATION PROGRAM (14.07) Motion by Mrs. Lubeck, seconded by Mr. O'Laughlin, that Council accept informational report regarding the West Valley Solid Waste Management Public Education Program addressing the expanded recycling program and proposed increased refuse rates. Carried by a vote of 4 ayes. Mrs. Benjamin absent. BUSINESS LICENSES/BUSINESS REGULATIONS/LICENSE TAXES (15.05) Motion by Mrs. Lubeck, seconded by Mr. O'Laughlin, that Council continue this item and defer consideration of an amendment to License and Miscellaneous Business Regulations Section 14.20.115 License Taxes for Specified Businesses until questions raised by the original staff proposal can be addressed. Carried by a vote of 4 ayes. Mrs. Benjamin absent. LOS GATOS BLVD/WIDENING PROJECT/MADONNA CONSTRUCTION (16.35) Motion by Mrs. Lubeck, seconded by Mr. O'Laughlin, that Council continue this matter to November 21, 1994. Carried by a vote of 4 ayes. Mrs. Benjamin absent. ASPHALT PAVER/PURCHASE AGREEMENT/RESOLUTION 1994-149 (17.28) Motion by Mrs. Lubeck, seconded by Mr. O'Laughlin, that Council adopt Resolution 1994-149 entitled, RESOLUTION OF THE TOWN OF LOS GATOS TO AUTHORIZE STAFF TO NEGOTIATE PURCHASE AGREEMENT FOR AN ASPHALT PAVER. Carried by a vote of 4 ayes. Mrs. Benjamin absent. CABLE TELEVISION/SERVICE REVIEW/RESOLUTION 1994-150 (18.24) Motion by Mrs. Lubeck, seconded by Mr. O'Laughlin, that Council adopt Resolution 1994-150 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING TOWN MANAGER TO CONDUCT A CABLE TELEVISION AND SERVICE REVIEW TUESDAY, NOVEMBER 22, 1994 AT 7:30 P.M. Carried by a vote of 4 ayes. Mrs. Benjamin absent. TC:D6:MM110794 November 7, 1994 Los Gatos, California LOS GATOS CREEK TRAIL/COMERICA BANK/RESOLUTION 1994-151 (19.26) Motion by Mrs. Lubeck, seconded by Mr. O'Laughlin, that Council adopt Resolution 1994-151 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO SIGN A LETTER OF AGREEMENT WITH COMERICA FOR FUNDING O F 14 FOOT SOUND WALL ALONG LOS GATOS CREEK TRAIL, and increase budget for Trail Developer Fees from $0 to $24,500 and increase budget for trail construction from $535,080 to $559,580. Carried by a vote of 4 ayes. Mrs. Benjamin absent. LOS GATOS CREEK TRAIL/CIVIL ENGINEERING ASSOC/RESOLUTION 1994-152 (20.26) Motion by Mrs. Lubeck, seconded by Mr. O'Laughlin, that Council adopt Resolution 1994-152 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO EXECUTE CHANGE ORDERS FROM CIVIL ENGINEERING ASSOCIATE S FOR LOS GATOS CREEK TRAIL PROJECT, which authorizes expenditure of $4,010 from account 4450-85330 as presented in this meeting's desk item. Carried by a vote of 4 ayes. Mrs. Benjamin absent. WEEDS/PUBLIC NUISANCE/RESOLUTION 1994-153 (21.27) Motion by Mrs. Lubeck, seconded by Mr. O'Laughlin, that Council adopt Resolution 1994- entitled, RESOLUTION OF THE TOWN OF LOS GATOS DECLARING WEEDS A PUBLI C NUISANCE AND PROVIDING FOR THEIR ABATEMENT, setting December 5, 1994 as a public hearing date on this annual program. Carried by a vote of 4 ayes. Mrs. Benjamin absent. 15½ N SANTA CRUZ AVE/RESTAURANT/OUTDOOR BAR/RESOLUTION 1994-154 (22.09) Motion by Mrs. Lubeck, seconded by Mr. O'Laughlin, that Council adopt Resolution 1994- entitled, RESOLUTION OF THE TOWN OF LOS GATOS GRANTING AN APPEAL OF A PLANNING COMMISSION DECISION TO DENY A REQUEST TO MODIFY EXISTING APPROVALS GRANTED TO OPERATE A RESTAURANT TO ALLOW A SEPARATE BAR AND OUTDOOR DINING ON PROPERTY IN THE C-2 ZONE WITH CONDITIONS; CONDITIONAL USE PERMIT APPLICATION U-94-12, which incorporates the findings and decision of the Town Council at its meeting of October 17, 1994. Carried by a vote of 4 ayes. Mrs. Benjamin absent. VEHICLE REPAIR/RESIDENTIAL LOTS/ORDINANCE 1991 (23.47) Motion by Mrs. Lubeck, seconded by Mr. O'Laughlin, that Council adopt Ordinance 1991 entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING SECTION 29.10.030 AND ADDING SECTION 29.40.038 OF THE TOWN CODE REGULATING VEHICLE REP AIR IN RESIDENTIAL ZONES, which was introduced at the Town Council meeting of October 17, 1994. Carried by a vote of 3 ayes. Mr. Blanton abstained. Mrs. Benjamin absent. Town Attorney, Larry Anderson, noted submittal of a petition from Bradley Bosomworth. VERBAL COMMUNICATIONS: Town Finances: Andrew J. Palmisano, 702 More Ave., spoke regarding the financial condition of the Town, the economical use of resources and the options for appropriate use of revenues. Traffic Control on Wedgewood Mark Medalie, 17251 Wedgewood Ave., asked for Council's consideration of traffic control and safety on this road and asked that additional patrol vehicles be assigned. TC:D6:MM110794 November 7, 1994 Los Gatos, California HEARINGS MAIN STREET W 300/RESIDENTIAL SUBDIVISION/M-94-8/APPEAL (25.09) Mayor Carlson stated that this was the time and place duly noted for public hearing to consider an appeal of the Planning Commission's decision to deny request for approval of plans to merge two lots into one lot, then to further subdivide that lot into four lots, and to partially demolish an existing mortuary structure to permit its conversion into a single family Architecture and Site Application S- 94-44. Property located at 300 W. Main Street. Property Owner: Dave Flick. The following people from the audience spoke to this issue: Dave Flick, 130 Stacia St., stated that he felt Planning Commission had erred in not finding that the FAR could be exceeded in this case, and he also feels that the FAR should not have been used for evaluating a building which has historically exceeded the FAR. Sharon Brunner Turzo, 16689 Magneson Loop, requested approval of the proposed project. Peter Boulais, 307 W. Main, neighbor of the project spoke in favor. Kirk McKenzie, 12 Bayview Ave., spoke in favor of the project as it makes the neighborhood more attractive. Sylvia Chow, 21 Tait, immediate neighbor to the proposed project requested approval. Cindy Brunner Battaglia, 312 W. Main St., requested approval with proposed garage. No one else from the audience addressed this issue. Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council close the public hearing. Carried by a vote of 4 ayes. Mrs. Benjamin was absent. Motion by Mr. O'Laughlin, seconded by Mr. Blanton, that Council make the findings within this motion and request that the applicant meet with staff and work out options and a solution, solely regarding the garage issue and return the decision of agreement to Council on the consent calendar. Findings pursuant to State Subdivision Map Act Section 66474; That the proposed subdivision: meets the requirements of Government Code Section 66474; is consistent with the Los Gatos General Plan; is physically suitable for the development; is not likely to cause environmental damage or public health problems; will not conflict with public easements. Findings pursuant to Los Gatos Town Code Section 29.10.0930(e) as relates to the request for demolition of an historic structure: Demolition of the chapel portion of the mortuary and the accessory structures can be and should be approved because the chapel and the accessory structures are not necessary to a renovated residential structure. In reaching this decision the Council considered; 1) maintenance of the Town's housing stock; 2) preserving the historical and architecturally significant nature of the mortuary; 3) the property owner's desire and capacity to maintain the mortuary; 4) the economic utility of the structures to be demolished. The partial demolition of the chapel portion of the accessory structure will enhance the residential character of the building. Overall the demolition will not cause a loss of affordable housing stock but will save an historical structure and add to affordable housing. Findings regarding the Floor Area Ratio pursuant to Los Gatos Town Code Section 29.40.075 follow: the design theme, the sense of scale, the exterior materials and details of the proposed project are consistent with adopted residential standard; the proposed design themes, the proposed square footage and the proposed details are consistent with what is found in the Almond Grove Neighborhood and the West Main TC:D6:MM110794 November 7, 1994 Los Gatos, California HEARINGS MAIN STREET W 300/RESIDENTIAL SUBDIVISION/CONT. Street area; the lot coverage of set backs and FAR are compatible with development on surrounding lots in that the set backs are either identical or similar to surrounding lots; that the requested Floor Area Ratio for Lot 2 and Lot 3 (proposed), and Lot 4 (existing), all meet the FAR; for the mortuary structure itself, the FAR will be approximately what it is now as it sits on its new lot. The Planning Commission erred by finding that the FAR governed existing structures which is not necessarily correct. The recommended conditions as in the original staff report as they refer to the map are adopted, and only the demolition need be considered at the DRC. Carried by a vote of 4 ayes. Mrs. Benjamin was absent. SANTA CRUZ AVE 664/APARTMENT BUILDING/R&M PROPERTIES/APPEAL (24.09) Mayor Attaway stated that this was the time and place duly noted for public hearing to consider appeal of Planning Commission decision to deny request to maintain an eight unit apartment complex in the C-1 Zone. Conditional use permit application U-94-4. Property located at 664 N. Santa Cruz Ave. Property Owner: R&M Properties. The following person from the audience spoke to this issue: Bill Mason, 649 University Ave., and 156 Euclid Ave., spoke of the work done on the buildings and his future plans for the property. No one else from the audience addressed this issue. Motion by Mr. Blanton, seconded by Mr. O'Laughlin, to close this public hearing. Carried unanimously. Motion by Mr. O'Laughlin, seconded by Mrs. Lubeck, to continue this hearing to January 3, 1995, so as to give the applicant time to go to the DRC with floor and plot plans and establish with staff compliance with minimal health and safety issues and a conditional use permit that would have a time limit associated with demolition and redevelopment of the property. Carried unanimously. NATIONAL AVE 15400/TRAFFIC IMPACT/MITIGATION FEES (08.40) The following people from the audience spoke to this issue: Luke Stamos, 1630 Zanker Rd., San Jose, Planning Consultant with Ruth & Going, representing Barry Swenson, described the history of the appeal concerning the fees. Mark Engstrom, 189 San Pedro Circle, San Jose, Good Samaritan Health System, owner of Mission Oaks Hospital, explained the advanced techniques of the Cancer Treatment Clinic and the willingness of the owners to put a use restriction in the deed. David Gibbons, 701 N. First St., from Barry Swenson Builder, asked for rebate of excessive fees. No one else from the audience addressed this issue. Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council grant the request and reduce the fee to the original assessment of $12,033, because it is not clear why the fees were not collected at the beginning of the project and the change of use will cause less of a traffic impact than was originally anticipated. This motion includes a refund Barry Swenson Builder of a maximum amount of $58,287. Carried unanimously. TC:D6:MM110794 November 7, 1994 Los Gatos, California COMMITTEE REPORTS: Congestion Management: Joanne Benjamin reported on the interviews for the General Manager for the new merged Congestion Management Agency District. The Joint Powers Agreement is still under discussion and being circulated to the cities. The actual merger will take place January 1, 1995. The Transit Security Patrol came to the CMA for consideration and also the Workman's Comp. issue. Basically the Agency worked with the staff's recommendations. ADJOURNMENT Motion by Mr. Blanton, seconded by Mrs. Benjamin, that this evening's meeting be adjourned at 10:31 p.m. Carried unanimously. ATTEST: Marian V. Cosgrove Town Clerk TC:D6:MM110794