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M 04-17-95TOWN OF LOS GATOS CALIFORNIA TOWN COUNCIL/PARKING AUTHORITY April 17, 1995 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 7:39 p.m., Monday, April 17, 1995, in regular session. ROLL CALL Present:Randy Attaway, Joanne Benjamin, Steven Blanton, Linda Lubeck and Mayor Patrick O'Laughlin. Absent:None. PLEDGE OF ALLEGIANCE Given by all in attendance. PARK COMMISSION/COMMENDATION/WILLIAM YORK (XX.20) Mayor O'Laughlin presented a commendation from the Town to William York for his service to the community while serving on the Park Commission. Mr. York thanked the Town for the opportunity to serve with the committed people on this commission. CALIFORNIA HIGHWAY PATROL/CERTIFICATE OF ACHIEVEMENT/BIT (XXX.09) Mayor O'Laughlin accepted The California Highway Patrol Certificate of Achievement Award for Biennial Inspection of Terminals Program from Michael LaRocca, Director of Parks, Forestry and Maintenance. TREE CITY U.S.A. AWARD/15TH YEAR (00.28) Mayor O'Laughlin accepted the 15th annual Tree City U.S.A. award to the Town, presented by California Department of Forestry representative Doug Ranilla. The special flag awarded is fringed with gold representing the 15th consecutive year that the Town has received this honor. SCHEDULE OF PUBLIC HEARINGS (01.01) Informational report regarding currently scheduled public hearings was received and filed. COUNTY REFERRALS/CAMPBELL REFERRAL/SAN JOSE REFERRAL (02.47) Motion by Mrs. Benjamin, seconded by Mr. Attaway, that Council approve the recommended action concerning County and City Referrals: NUMBER LOCATION APPLICANT REQUEST RECOMMENDATION 5434/5435 Blackberry Hill Rd Navid Time Extension Approval 5982 15155 Kennedy Rd Abelman Building Site Design Review Use TC:D7:MM041795 Permit/Approval of two conditions S-95-03 1510 W. Hacienda Ave/Camp. New Cities Development Architecture and Site Information Only GP 95-10-3/ Guadalupe Mines Rd. The Riding Co. Notice of Preparation for an EIR Information Only PDC 95-02-009 Carried unanimously. TC:D7:MM041795 April 17, 1995 Los Gatos, California CODE COMPLIANCE/QUARTERLY REPORT (03.47) Informational report from the Code Compliance Officer regarding abatement of code violations was received and filed. PAYROLL RATIFICATION/MARCH 1995 (04.V) Motion by Mrs. Benjamin, seconded by Mr. Attaway, that Council ratify the check register for the payroll of February 26 through March 11, 1995 paid on March 17, 1995 and for the payroll of March 12 through March 25, 1995 paid on March 31, 1995 in the amount of $425,573.07. Carried unanimously. ACCOUNTS PAYABLE/RATIFICATION/MARCH 1995 (05.V) Motion by Mrs. Benjamin, seconded by Mr. Attaway, that Council ratify the accompanying check registers for accounts payable invoices paid on March 17, 24, and 31, 1995 in the amount of $836,499.41. Carried unanimously. PLANNING COMMISSION/PLANNING DEPARTMENT MONTHLY STATUS REPORT (06.47) Informational report regarding activity of Planning Commission and Department was received and filed. COUNCIL CALENDAR OF MEETINGS (07.10) Informational item presenting future Town Meetings for Council and other Town Boards and Commissions was received and filed. MINUTES OF MARCH 20, 1995 (08A.V) Motion by Mrs. Benjamin, seconded by Mr. Attaway, that Council approve the Minutes of March 20, 1995 as submitted. Carried unanimously. MINUTES OF MARCH 27, 1995 (08B.V) Motion by Mrs. Benjamin, seconded by Mr. Attaway, that Council approve the Minutes of March 27, 1995 as submitted. Carried unanimously. EQUIPMENT REPLACEMENT PROGRAM (09.28) Motion by Mrs. Benjamin, seconded by Mr. Attaway, that Council accept and file report regarding the equipment replacement program. Carried unanimously. POLICE DEPARTMENT/4-10 SCHEDULING SYSTEM (11.09) Motion by Mrs. Benjamin, seconded by Mr. Attaway, that Council accept and file report on the Police Department's 4/10 scheduling system. Carried unanimously. UNIVERSITY AVE 104/REMODELING FEE WAIVER (14.09) Motion by Mrs. Benjamin, seconded by Mr. Attaway, that Council continue this item to May 1, 1995 as requested by the owner Mr. Millen. Carried unanimously. BIKE PATH/LEXINGTON DAM/TRAILS & BIKEWAYS COMMITTEE (15.27) Motion by Mrs. Benjamin, seconded by Mr. Attaway, that Council approve Trails and Bikeways Committee's recommendation supporting a paved bike path on the back face of Lexington Dam. Carried unanimously. TC:D7:MM041795 April 17, 1995 Los Gatos, California BELLA VISTA 337/BELLA VISTA GARDENS/FEE REFUND (16A.09) Motion by Mrs. Benjamin, seconded by Mr. Attaway, that Council accept staff recommendation regarding partial refund of fees for Negative Declaration Application ND-92-1, General Plan Amendment Application GP-92-6 and Zone Change Application Z-92-6 for property at 337 Bella Vista Avenue. Carried unanimously. BELLA VISTA 337/BELLA VISTA GARDENS/RESOLUTION 1995-40 (16B.09) Motion by Mrs. Benjamin, seconded by Mr. Attaway, that Council adopt Resolution 1995-40 entitled, RESOLUTION OF THE TOWN OF LOS GATOS DENYING AN APPEAL OF A PLANNING COMMISSION DECISION TO DENY AN APPLICATION FOR A GENERAL PLAN AMENDMENT TO MODIFY THE VEHICULAR TRAFFIC TRIP ALLOCATION FROM THE ALBERTO WAY BASIN AREA AND A ZONE CHANGE FROM R-1:8000 (SINGLE- FAMILY RESIDENTIAL 8,000 SQ.FT.MINIMUM LOT SIZE) TO R-M:5-12-PD (MULTIPLE-FAMILY RESIDENTIAL, 5-12 DWELLING UNITS PER NET ACRE- PLANNED DEVELOPMENT) TO PERMIT THE CONSTRUCTION OF EIGHT DETACHED SINGLE-FAMILY RESIDENTIAL STRUCTURES ON APPROXIMATELY 1.4 ACRES OF PROPERTY, NEGATIVE DECLARATION APPLICATION ND-92-1, GENERAL PLAN AMENDMENT APPLICATION GP-92-6, ZONE CHANGE APPLICATION Z-92-6, expressing the findings and conclusions of the Town Council from its public hearing on March 20, 1995. Carried unanimously. BRUSH ABATEMENT/AGREEMENT/SANTA CLARA COUNTY/RESOLUTION 1995-41 (18.27) Motion by Mrs. Benjamin, seconded by Mr. Attaway, that Council adopt Resolution 1995-41 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO EXECUTE AN AGREEMENT WITH THE COUNTY OF SANTA CLARA TO ABATE BRUSH. Carried unanimously. ASSISTANT PLANNER/ASSOCIATE PLANNER/CLASSIFICATION/RESOLUTION 1995-42 (19.10) Motion by Mrs. Benjamin, seconded by Mr. Attaway, that Council adopt Resolution 1995-42 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AMENDING THE POSITION AND CLASSIFICATION PLAN. Carried unanimously. LOS GATOS CREEK TRAIL/STORM DAMAGE REPAIR/9328-A PROJECT AWARD OF CONTRACT/RESOLUTION 1995-43 (20.27) Motion by Mrs. Benjamin, seconded by Mr. Attaway, that Council adopt Resolution 1995-43 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH PFISTER EXCAVATING FOR PROJECT 9328- A, LOS GATOS CREEK TRAIL STORM DAMAGE REPAIR - (MILES AVE TO BLOSSOM HILL RD), awarding the bid to the lowest responsible bidder, establishing a 20% contingency and transferring the appropriate funds. Carried unanimously. RESIDENCY REQUIREMENTS/COMMISSIONS AND BOARDS/RESOLUTION 1995-44 (21A.20) Motion by Mrs. Benjamin, seconded by Mr. Attaway, that Council adopt Resolution 1995-44 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AFFIRMING AND ESTABLISHING REQUIREMENTS FOR RESIDENCY IN TOWN FOR SPECIFIED TC:D7:MM041795 April 17, 1995 Los Gatos, California BOARDS AND COMMISSIONS. Carried unanimously. TC:D7:MM041795 April 17, 1995 Los Gatos, California RESIDENCY REQUIREMENTS/COMMISSIONS AND BOARDS/ORDINANCE 1997 (21B.20) Motion by Mrs. Benjamin, seconded by Mr. Attaway, that Council adopt Ordinance 1997 entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING SECTIONS 2.40.010, 2.40.015, AND 2.40.020 OF THE TOWN CODE TO ESTABLISH COUNCIL AUTHORITY TO REQUIRE RESIDENCY IN TOWN FOR MEMBERS OF TOWN BOARDS AND COMMISSIONS, which was introduced at the Town Council meeting of March 20, 1995. Carried unanimously. FALSE ALARMS APPEALS PROCEDURES/ORDINANCE 1998 (22.09) Motion by Mrs. Benjamin, seconded by Mr. Attaway, that Council adopt Ordinance 1998 entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING SECTIONS 14.50.090 AND 14.50.105 TO ENHANCE THE APPEAL PROCEDURES FOR FALSE ALARMS, which was introduced at the Town Council meeting of March 20, 1995. Carried unanimously. SPECIAL EVENT PERMITS/ORDINANCE 1999 (23.24) Motion by Mrs. Benjamin, seconded by Mr. Attaway, that Council adopt Ordinance 1999 entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING SECTION 14.100.020(D) OF THE TOWN CODE REGULATING SPECIAL EVENT PERMITS, which was introduced at the Council meeting of March 20, 1995. Carried unanimously. WEST PARR AVE/TRAFFIC MITIGATION/DARDANELLI & THERESA (26.38) The following people addressed Council concerning this issue: Hollis Button, 1025 West Parr, spoke in favor of the staff recommendations for traffic mitigation. Donald Burr, Mayor of Campbell, encouraged the adoption of staff's recommendation. Gary Cassetta, 1127 West Parr, requested one or more speed limit signs. No one else from the audience addressed Council on this subject. Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council accept the joint recommendation of Campbell and Los Gatos staffs to install stop signs, and post "no truck traffic" signs at the intersections of West Parr Avenue and Vale-Dardanelli and at West Parr Avenue and Theresa. That Council authorize Los Gatos staff to release funds, and Campbell staff to accept funds from the deposit account created for Mid-Peninsula Housing Coalition for money paid to the Town of Los Gatos for traffic mitigation improvements for installation of these improvements. This motion includes the direction to staff to consider additional speed signs in conjunction with Campbell. Carried unanimously. HEARINGS BUENA VISTA AVE 17265-17271/ORDINANCE CORRECTION (24.09) Mayor O'Laughlin stated that this was the time and place duly noted for public hearing to consider the correction of Ordinance 1677 to reflect the Town Council approval of a change in Zone from R-1:20 (Single Family Residential, 20,000 square foot minimum lot size) to R-1:8 (Single Family Residential, 8,000 square foot minimum lot size) with recommended Negative Declaration; Zone Change Application Z-85-5; Property Located at 17265 and 17271 Buena Vista Ave; Applicant/Property Owner: Joseph A. Corcoran. TC:D7:MM041795 April 17, 1995 Los Gatos, California HEARINGS CONTINUED BUENA VISTA AVE CONT. The following person addressed Council on this issue: Joanne Corcoran-Salem, 17271 Buena Vista Ave, asked for recommended action. No one else from the audience addressed Council on this issue. Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, to close the public hearing. Carried unanimously. The Town Clerk read the Title of the Draft Ordinance. Motion by Mr. Attaway, seconded by Mrs. Benjamin, to waive the reading of the Draft Ordinance. Carried unanimously. Motion by Mr. Attaway, seconded by Mrs. Lubeck, that Council introduce Draft Ordinance entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONING ORDINANCE EFFECTING ZONE CHANGE NO. 69 FROM R-1:20,000 (SINGLE FAMILY RESIDENTIAL, 20,000 SQUARE FOOT MINIMUM LOT SIZE) TO R-1:8,000 (SINGLE FAMILY RESIDENTIAL 8,000 SQUARE FOOT MINIMUM LOT SIZE). Carried unanimously. EASTFIELD MING QUONG/CONFERENCE CENTER/LOMA ALTA 499/APPEAL (25.09) Mayor O'Laughlin stated that this was the time and place duly noted for public hearing to consider appeal of a decision of the Planning Commission to approve a request to modify an existing conditional use permit to reduce the residential facilities at Eastfield Ming Quong and to increase conference and administrative facilities. Conditional Use Permit Application U-94-75. Property Location : 499 Loma Alta Avenue. Property Owner: Eastfield Ming Quong. Appellant: Gloria Mink-Edwards. Appellant: Marlene Burak. Appellant: Vincent G. Bradley, Jr., Exec. Vice-President, Eastfield Ming Quong. Introduction was given by Lee Bowman, Town Planning Director: Modifications of the exiting use permit were approved by the Planning Commission to allow the facility to be used as a community conference center and residential treatment home for children. The conditions on the new use permit are the only conditions which will be allowed under the Planning Commission's approval. Historic uses will not be applicable. He noted that the question of the pros and cons of the confidence in Ming Quong's program over the years is not the issue. The opening of the emergency access road to Vista del Monte is also not an issue, this road is for emergency access only. The use of the location for a small conference facility is the consideration before Council. Planning Commission determined that this type of conference use is an incidental, customary and ordinary part of the approved conditional use. If Council supports that finding then Council may proceed to consider the appeal of Eastfield- Ming Quong. Mayor O'Laughlin noted that Council was not requesting information concerning the quality of Ming Quong's programs or its reputation. Neither was Council interested in exploring the possibilities of opening the emergency driveway as an access road on to Vista del Monte. TC:D7:MM041795 April 17, 1995 Los Gatos, California HEARINGS CONTINUED EASTFIELD MING QUONG/CONFERENCE CENTER CONT. The following people from the audience spoke in support of this issue noting the following considerations: lessening of traffic; preservation of open space; continued support of the children's social needs; Vincent G. Bradley, representing Eastfield Ming Quong, 499 Loma Alta Ave., noted that the organization agreed to work within the requirements of the proposed modified use permit. The time limitations on the conferences posed some concerns he asked to have addressed by Council. Mary Martin, 254 Vista del Monte, supported as an immediate neighbor. Nan Bixler, 104 Pinta Court, spoke in support of the project. Paul Masquelier, The Presbytery of San Jose, 888 North 1st Street, spoke of the appropriateness of the proposed project. Michael Desmeral, 119 Vista del Monte, favored support of the project. Melinda Stewart, High Street, mentioned improved traffic conditions, preservation of open space, and support of children's needs. Ann Bundlie, 16810 Farley Road, an employee since 1980, now a member of the training staff noted that San Jose Unified School District, County Department of Probation, Juvenile Justice System and Department of Social Services are the typical users of the conference facility. Roger Bundlie, 16810 Farley Road, spoke as a resident staff member for children on site, noting the number of staff needed for the seventy children previously housed at the residential facility, and the amount of traffic which that use had generated. Jim Moors, 253 Vista del Monte, being a close neighbor of the facility saw the changed use as a definite improvement. The following people from the audience spoke against the proposal for a modification of the use permit noting the following concerns: increased traffic due to conferencees arriving in the neighborhood at such time as gardeners, contractors and maids also arriving; safety concerning children walking to and from school; inappropriateness of the zoning decision; insufficient shuttle service provisions; limiting of the number of people on site at one time; security problems with increased number of strangers walking through the neighborhood; Gloria Mink-Edwards, 256 Loma Alta, representing Neighbors for a Residential Area, spoke against the proposal. Marshall Burak, 231 Vista del Mar, speaking for the other appellant opposed the project. Jack Panighetti, 224 Loma Alto Ave., spoke of opening the access road to Vista del Monte. Larry Kay, 17360 High Street, concerned about credibility of the organization and their ability to live up to the use permit requirements. Maxwell Gordon, 16355 Cypress Way, addressed the impact on the neighborhood. Will Lindsay, 328 Harding Ave., addressed traffic issues. Jim Lyon, 239 Johnson Ave., expressed desire to find alternative traffic routes through the neighborhood. Teresa Espe, 149 Loma Alta Ave., opposed the project and requested chain be removed from Vista del Monte access. Taban Saghari, 16975 Cypress Way, was concerned about the number of strangers who may be walking through her neighborhood. Betty Orr, 259 Jones Road, spoke of safety concerns and increased traffic. TC:D7:MM041795 April 17, 1995 Los Gatos, California HEARINGS CONTINUED EASTFIELD MING QUONG/CONFERENCE CENTER CONT. Marilyn Kirby, 16955 Cypress Way, spoke of the need to enforce compliance of the conditional use permit's stipulations. Bobbie Chambers, 16970 Cypress Way, requested a guarantee that the conditions of the use permit would be consistently observed. Dorothy Heinz, 186 Vista del Monte, asked specifically for traffic signs to be placed in her neighborhood. Concluding statements: Mr. Bradley spoke again confirming that the Town's Code Enforcement Officer could come for inspections at any time. That the confidentiality of the children still on site would be upheld when non-employees were on site. As a drug free campus doing seminars in substance abuse there is no intention to apply for alcohol service permits. That the type of training to be done at the campus would be for mental health professionals. Ms. Edwards reiterated the inappropriateness of a designated conference center in a residential neighborhood. Mr. Burak noted the land use issue and stated that the Planning Commission had erred in their judgement about customary and normal use or that a conference center on that land is permissible. No one else from the audience addressed this issue. Motion by Mr. Blanton, seconded by Mrs. Benjamin, to close the public hearing. Carried unanimously. Staff and Council comments: Mr. Bowman noted that schools require conditional use permits although the schools in Town predate those requirements. Private schools are restricted by use permits. Mr. Attaway mentioned his lack of confidence in the administration of Ming Quong handling the conference center use andy better than it handled the conditional use permit application. He would like to maintain the open space and reduce traffic. He does not want this area to become filled with residential homes. He would like the Town to take the responsibility and monitor for six months to see if the center can live by the conditional use permit. Mr. Blanton was impressed with the concern of the neighborhood and the diligence of the applicant. He felt that the Town should not only monitor the project for six months and receive a report, but Council should continue the process for a year after that. He feels that a better time to have conferences is after the neighbors have left for work at 8:30 a.m. and they should end at 6:00 p.m. after the workers have returned home. The legal holidays should be named to avoid confusion. That Ming Quong be given the opportunity to reuse the grounds for a children's residential care facility if the conference center is no longer needed. Mrs. Lubeck addressed the issue as to whether or not this type of conference use is an incidental or a customary and ordinary part of the approved conditional use. The current use is for an educational facility and non-profit school. Almost all schools have the use of their facilities for teaching and conferences. That type of use is an incidental and ordinary part of the facility's TC:D7:MM041795 April 17, 1995 Los Gatos, California HEARINGS CONTINUED EASTFIELD MING QUONG/CONFERENCE CENTER CONT. Council comments continued: use. That condition #1 clearly state that no more than 35 conference attendees shall be permitted on site at any one time. The word "meeting" changed to time. The hours be 8:30 a.m. to 6:00 p.m. That Town holidays be specified in item #6. Mrs. Benjamin spoke about traffic in the area, the concerns and the need the neighbors have felt for stop signs to control the speeding. But she asked who was doing the speeding, and in that location it is the people who live on those streets and their friends. She addressed the land use issue compared to Hillbrook School. The use permit restrictions on that applicant were concise enough to solve the problem for that neighborhood. She would like to try the use permit for six months with the restrictions that already are in place and not change them yet. Except for #1 which would say no more than one conference a day. Mr. O'Laughlin requested that Ming Quong do public relations work in the neighborhood. He agrees with the six month trial period and reasonable and rational restrictions in the use permit. He also requested that the neighborhood review its traffic record and try to put some restrictions on itself and take concern for each others safety regarding speeding on one another's streets. Mr. Bowman this permit should refer to all conferences on site whether they are in house or not. Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council uphold the Planning Commission's decision with the following amendments to the conditions: #1 That no more than 35 conference attendees shall be permitted on site ant any one time, except for one meeting a week which may be attended by between 35 and 50 attendees, provided there be no more than four meetings per year attended by 50 people, and not more than one conference per day at any time; #5 "Conference seminars shall be scheduled so that they do not begin before 8:30 a.m. and shall end at or before 6:00 p.m."; #13 In addition to the six month review and public hearing, there will be a review in eighteen months, although if needed a twelve month review may take place; #6 The Town's government holiday schedule will be included with the weekend stipulation; Mr. Bradley noted that the Town's code enforcement officer can come for impromptu monitoring of the use permit restrictions. Carried unanimously, except for item #5 which Mrs. Benjamin opposed at this time. STORM WATER MANAGEMENT PROGRAM/NONPOINT SOURCE/FY 1995-96 (10.37) Andrew Palmisano, 702 More Ave, addressed the on going cost of this program and inquired as to how the costs could be kept down. Scott Baker, Director of Building and Engineering Services addressed his questions and explained the need to meet the Federal Clean Water Act's stipulations. Motion by Mrs Lubeck, seconded by Mr. Attaway, that Council approve the proposed 1995-96 Storm Water Management Program (Nonpoint Source) budget. Carried unanimously. THIRD QUARTER/BUDGET REPORT/FY 1994-95 (12.06) Andrew Palmisano, 702 More Ave, addressed the possibility of year end savings covering a portion of the short fall in the budget. TC:D7:MM041795 April 17, 1995 Los Gatos, California THIRD QUARTER BUDGET REPORT CONT. Motion by Mrs Lubeck, seconded by Mr. Blanton, that Council accept the third quarter budget report. Carried unanimously. HOUSING CONSERVATION PROGRAM (13.16) Jim Lewis, 156 Vista Del Monte, suggested that the Town use a portion of the housing set aside funds for fulfilling ADA requirements. Council consensus to accept and file the informational report on the housing conservation program. LANDSCAPING/LOS GATOS WOODS/TRAFFIC AUTHORITY/RESOLUTION 1995-45 (17.40) Andrew Palmisano, 702 More Ave, addressed the use of taxpayers money for funding an individual homeowners association needs. Staff pointed out that this was designated landscaping funds provided for within the Traffic Authority's budget. Motion by Mrs Lubeck, seconded by Mr. Attaway, that Council adopt Resolution 1995-45 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO EXECUTE AGREEMENTS FOR ADDITIONAL ROUTE 85 LANDSCAPING. Carried unanimously. COMMITTEE REPORTS (27.10) Brazilian Host Committee Randy Attaway spoke of the Brazilians celebrating the 1994 World Cup win and their request to visit Los Gatos during this celebration. The Brazilian General Consul asked that we coordinate the event with them. ABAG Conference Linda Lubeck noted her attendance at the spring conference and the anticipated topic of Constitutional Revision which is on the agenda. Transit District Joanne Benjamin spoke of the District's proposal for transit shelters to bear advertisement notices which may violate the Town's sign ordinance ADJOURNMENT Motion by Mr. Blanton, seconded by Mrs. Benjamin, that this evening's meeting be adjourned at 10:35 p.m. Carried unanimously. ATTEST: Marian V. Cosgrove Town Clerk TC:D7:MM041795