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M 02-06-95TOWN OF LOS GATOS CALIFORNIA TOWN COUNCIL/PARKING AUTHORITY February 6, 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 7:34 p.m., Monday, February 6, 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. CLOSED SESSION Larry Anderson, Town Attorney, reported that Council had met in Closed Session prior to this evening's meeting pursuant to Government Code Section 54957 to discuss Town Employment Contract. The restructuring of the Town Manager's contract was discussed and was continued to a future session. GENERAL PLAN COMMITTEE/APPOINTMENTS (00.20) Mayor O'Laughlin announced that three applications had been received from Elaine Chroust, Jonathan Cohen, and Mary Vidovich for one vacancy on the General Plan Committee. Voting was held and Elaine Chroust was appointed to a term ending August 1, 1995. PLANNING COMMISSION/APPOINTMENTS (000.20) Mayor O'Laughlin announced that five applications had been received from Randy Kimball, Michael Lawson, Barry McCarthy, Kathryn Morgan and Laura Nachison for two vacancies on the Planning Commission. Voting was held and Kathryn Morgan and Laura Nachison were appointed to terms ending January 1, 1999. TRAILS AND BIKEWAYS COMMITTEE/APPOINTMENTS (XX.20) Mayor O'Laughlin announced that eight applications had been received from Victor Collord, Lee Embrey, Steven Ferla, Maureen Heath, Jock Marlo, Alan Orr, Sheldon Smith and Joan Tabb for four vacancies. Voting was held and Victor Collord, Maureen Heath and Sheldon Smith were appointed for terms ending January 1, 1999 and Joan Tabb to term ending January 1, 1998. SANTA CLARA COUNTY TRAFFIC AUTHORITY/PRESENTATION/LINDA LUBECK (XXX.20) Mayor O'Laughlin presented a plaque from the Santa Clara County Traffic Authority to Councilmember Linda Lubeck. This honor was given in appreciation for the work Councilmember Lubeck did on the Grand Opening Celebration of Route 85, October 19, 1994, involving the Town's participation in the event. TC:D7:MM020695 February 6, 1995 Los Gatos, California MIDPENINSULA REGIONAL OPEN SPACE DISTRICT/PRESENTATION (XXX.26) Mayor O'Laughlin introduced Pete Siemens, President of the Board of Directors of the Open Space District, who introduced Craig Britton, General Manager of the District, who in turn gave an informative slide presentation of the Open Space District's accomplishments and plans. 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. COUNCIL CALENDAR OF MEETINGS (03.10) Informational item presenting future Town Meetings for Council and other Town Boards and Commissions was received and filed. PAYROLL RATIFICATION/JANUARY 1995 (04.V) Motion by Mrs. Benjamin, seconded by Mr. Attaway, that Council ratify the check register for the payroll of January 1 through January 14, 1995 paid on January 20, 1995 in the amount of $222,324.73. Carried unanimously. ACCOUNTS PAYABLE/RATIFICATION/JANUARY 1995 (05.V) Motion by Mrs. Benjamin, seconded by Mr. Attaway, that Council ratify the accompanying check registers for accounts payable invoices paid on January 13, 20 and 27, 1995 in the amount of $626,981.25. Carried unanimously. MINUTES OF JANUARY 17, 1995 (06.V) Motion by Mrs. Benjamin, seconded by Mr. Attaway, that Council approve the Minutes of January 17, 1995 as corrected. Carried unanimously. HILLSIDE ZONES/FLOOR AREA RATIO/RESIDENTIAL (07.47) Motion by Mrs. Benjamin, seconded by Mr. Attaway, that Council accept report from Planning Commission concerning implementation of a floor area ratio for structures in the hillside zones. Carried unanimously. LOCAL EMERGENCY/WINTER STORMS/PROCLAMATION (09.37) Motion by Mrs. Benjamin, seconded by Mr. Attaway, that Council ratify Town Manager's proclamation terminating local emergency due to winter storms. Carried unanimously. CLAIM REJECTION/CASUALTY INSURANCE CO. (10A.01) Motion by Mrs. Benjamin, seconded by Mr. Attaway, that Council reject the claim of California Casualty Insurance Company filed with the Town Clerk on December 28, 1994. Carried unanimously. CLAIM REJECTION/SAN JOSE WATER COMPANY (10B.01) Motion by Mrs. Benjamin, seconded by Mr. Attaway, that Council reject the claim of San Jose Water Company for indemnity filed with the Town Clerk on January 13, 1995. Carried unanimously. TC:D7:MM020695 February 6, 1995 Los Gatos, California CLAIM REJECTION/TOMASINE AMARAL (10C.01) Motion by Mrs. Benjamin, seconded by Mr. Attaway, that Council reject the claim of Tomasine Amaral filed with the Town Clerk on December 23, 1994. Carried unanimously. PUBLIC RIGHT-OF-WAY TRANSFER/BLOSSOM HILL & ROBERTS ROAD SANTA CLARA COUNTY TRANSFER/RESOLUTION 1995-20 (11.44) Motion by Mrs. Benjamin, seconded by Mr. Attaway, that Council adopt Resolution 1995-20 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING TOWN MANAGER TO ACCEPT TRANSFER OF PUBLIC RIGHT OF WAY AT BLOSSOM HILL AND ROBERTS ROADS FROM THE COUNTY OF SANTA CLARA. Carried unanimously. RADIOS INSTALLED ON LIGHT POLES/TRAFFIC SIGNALS/METRICOM INC. ENCROACHMENT PERMIT AGREEMENT/RESOLUTION 1995-21 (13.28) Motion by Mrs. Benjamin, seconded by Mr. Attaway, that Council adopt Resolution 1995-21 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO EXECUTE AN ENCROACHMENT PERMIT AGREEMENT WITH METRICOM, INCORPORATED FOR INSTALLATION OF RADIOS ON STREET LIGHT POLES AND TRAFFIC SIGNALS. Carried unanimously. STORM WATER INFILTRATION DEVICE POLICY/RESOLUTION 1995-22 (14.37) Motion by Mrs. Benjamin, seconded by Mr. Attaway, that Council adopt Resolution 1995-22 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE MAYOR TO SIGN THE AGREEMENT WITH THE SANTA CLARA VALLEY WATER DISTRICT IN SUPPORT OF PART "A" OF THE STORM WATER INFILTRATION DEVICE POLICY, AND PROHIBITING NEW INFILTRATION DEVICES IN THE PUBLIC RIGHT-OF-WAY. Carried unanimously. STREET RESURFACING/PROJECT 9421/GRAHAM CONTRACT/RESOLUTION 1995-23 (15.35) Motion by Mrs. Benjamin, seconded by Mr. Attaway, that Council adopt Resolution 1995-23 entitled, RESOLUTION OF THE TOWN OF LOS GATOS ACCEPTING WORK OF GRAHAM CONTRACTORS, INC. ON PROJECT 9421 BI-ANNUAL STREET RESURFACING AND AUTHORIZING THE TOWN MANAGER TO EXECUTE CERTIFICATE OF ACCEPTANCE AND NOTICE OF COMPLETION FOR RECORDING BY THE TOWN CLERK. Carried unanimously. CAMINO DEL CERRO 16035/ZONE CHANGE HR-1/ORDINANCE 1994 (16.09) Motion by Mrs. Benjamin, seconded by Mr. Attaway, that Council adopt Ordinance 1994 entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING ZONING MAP NO. 127 FROM R-1:20 TO HR-1 FOR 16035 CAMINO DEL CERRO. Carried unanimously. COMMUNITY FORUM REPORT/TOWN'S FINANCIAL FUTURE (18.06) Mayor O'Laughlin announced that staff had removed this item from the agenda. VERBAL COMMUNICATION Shady Lane Development: Diane McLaughlin, 15626 Francis Oaks Way, submitted a petition against the project suggested at TC:D7:MM020695 February 6, 1995 Los Gatos, California Shady Lane, and asking for Council's consideration of the issues raised. TC:D7:MM020695 February 6, 1995 Los Gatos, California Green Valley Disposal: Phil Couchee, 573 University Ave., representing Green Valley Disposal, spoke of the new recycling program and how well received and well used it was. He spoke of the time schedule that Green Valley was following and the literature that has been distributed for notifying the residents. Town Plaza Blue Ribbon Committee: Alrie Middlebrook, 140 Wissahickon Ave., asked to participate in the Town Plaza Committee work when it is formed and noted that Jason Farwell was also interested in serving. Downtown Street Lights: Mr. McKeenan, lives at Arroyo Rinconada on Pollard Road. Spoke of the dim lights on Santa Cruz Ave. and asked that at least the cross walks be better lighted. Council and staff discussion involving better marking of the crosswalks and additional street lighting took place. Skateboards Downtown: Harvey Orndorf, 123 Vasona Oaks Dr., business at 155 N. Santa Cruz Ave., requested the Council's consideration of the skateboarding problem downtown. Mr. Knapp noted that it would come before Council for review this summer and that Mr. Orndorf should speak to the police department staff to address his immediate concerns. HEARINGS SANTA CRUZ AVE 335/PIZZA RESTAURANT/AMICI'S/APPEAL (17.09) Mayor O'Laughlin stated that due to a possible conflict of interest due to a contingent interest as a limited partner in this property, he would remove himself from the meeting during this action. Vice-Mayor Blanton stated that this was the time and place duly noted for public hearing to consider appeal of Planning Commission decision to deny a request to establish a restaurant within an existing building, to have outdoor seating, and the sale of beer and wine with meals in the C-2 Zone. Conditional Use Permit Application U-94-76. Property located at 335 N. Santa Cruz Ave. Property Owner: Dorothea L. Wood Revocable Trust. Applicant: Peter Cooperstein. The following people from the audience spoke to this issue: Peter Cooperstein, 1937 Parkwood Drive, San Mateo, property owner of 335 N. Santa Cruz, and restaurant owner, spoke in favor of his project and stated that he would address specific concerns in a use permit. Dr. Mark McCord, 2759 York Road, Columbus, Ohio, addressed the traffic study fee that the applicant was required to pay. Rex Morton, 51 University Ave., spoke in favor of the project as the Architect for the project. Beth Zientek, 106 Tait Ave., spoke against the project noting increased traffic and parking in the residential neighborhood adjacent to the proposed restaurant. Lee Pelley, 311 Tait Ave., as a resident spoke in favor of Amici's Restaurant TC:D7:MM020695 February 6, 1995 Los Gatos, California HEARINGS CONTINUED SANTA CRUZ AVE PIZZA RESTAURANT CONT. Speakers continued: John Hannigan, 208 Bachman Ave, C.B. Hannegan's, spoke of the impact of traffic and parking in the area and against the proposal. Steven McVay, 960 Stonehurst Way, was not in favor of the project. Joe Hargett, 95 Church Street, spoke against the added impact on the area that the proposed restaurant would bring. Heidi Rehbock, 130 N. Santa Cruz, #D, was looking forward to having a new restaurant as a neighbor to her business. She noted her business neighbors were also in favor. Harvey Orndorf, 123 Vasona Oaks Drive, was in favor of Amici's as a quality restaurant for that area of town. Jack Cook, 16450 E. La Chiquita Ave., spoke in favor of the proposal. Del Damron, 144 Arroyo Grande Way, representing Contempo Realty, was in favor of the project, and noted the office use inquiries regarding the site. Pete Siemens, 69 Ellenwood, supported the Town plans of a resident friendly downtown with businesses that support the residents and not an overabundance of restaurants. Mrs. Stan Johnson, Town Manager, David Knapp, read her letter into the record requesting denial of the appeal. Christian Huebner, 1470 Vancouver Ave., Burlingame, noted the good parking and asked for approval of the project. No one else from the audience addressed this issue. Motion by Mr. Attaway, seconded by Mrs. Benjamin, that Council close the public hearing. Carried by a vote of 4 ayes. Mayor O'Laughlin absent. Council Comments: Mr. Attaway: is concerned about balance and does not want to see the downtown turned into "restaurant row". Would like a balance of retail and resident serving businesses and daytime activities. Selections for locations are important and noted that restaurants are needed on Los Gatos Boulevard. He noted the 45 food related businesses in the downtown area and the impact on the immediate neighbors that the proposed restaurant would have. Mrs. Lubeck: does not approve of a "restaurant row" and having served on the Commercial Specific Plan Committee realizes the major impacts of parking and traffic. Site selection seems perfect for a small restaurant. It has on site parking and the lot can be used by others on its off hours. Council has expressed a desire of reduce office space and revitalize that section of the downtown business community. Would like the driveway to remain on Santa Cruz so that traffic is not diverted into the residential neighborhood. It is a delicate balance, but finding a good business and writing in conditions for its future life can bring an asset to the downtown business community. TC:D7:MM020695 February 6, 1995 Los Gatos, California HEARINGS CONTINUED SANTA CRUZ AVE PIZZA RESTAURANT CONT. Council Comments continued: Benjamin: met with Mr. cooperstein and was pleased to hear his creative solutions. This matter is a planning issue and government should not regulate for one person and not the other. Beer and wine with meals is now open to all restaurants for fairness to each applicant. She is concerned about balance in Los Gatos and realizes that Council has recruited restaurants but does not want Los Gatos to loose all its retail. As more restaurants proliferate the Town pays more in police services for vandalism and the late night police calls received because of those who have imbibed too much. Mr. Blanton: felt that the access issue was key and that ingress and egress could be regulated on Santa Cruz and traffic kept off Almendra. Neighborhood concerns could be mitigated. Motion by Mr. Attaway, seconded by Mrs. Benjamin, that Council uphold the Planning Commission's decision and deny the application. The Planning Commission's decision was upheld by a vote of 2 ayes by Mr. Attaway and Mrs. Benjamin. Mrs. Lubeck and Mr. Blanton voted no which resulted in a tie. Three votes would be needed to overturn the Planning Commission's decision. Mayor O'Laughlin was absent from the proceedings. SOLID WASTE MANAGEMENT/GREEN VALLEY DISPOSAL/BASE RATES REFUSE COLLECTION RATES/RESOLUTION 1995-24 (12.29) The following people from the audience spoke to this issue: Ray Power, 17652 Tourney Road., spoke against the garbage collection program and asked for individual attention to the users problems. Mr. Jones, 112 Bellhaven Drive, spoke vehemently against the resent garbage rates. Edward Harrison, 44 Central Ave, spoke about the high rates for the hard to serve area. Green Valley sent a letter for the record stating their position remains the same and they feel that the Council's previous action is insufficient to support their revenue needs. No one else from the audience addressed this issue. Council Comments: Mrs. Lubeck: would like the tone of the document of findings to be less stringent; on page 2, item F., the wording needs to be softened--it was not totally incomplete nor inadequate, but there was a disagreement of opinion on a lot of the items; on page 2, item H., to add an historic comment on outreach to public regarding proposed rates or whether we do it in conjunction; page 6, item IV. A., regarding Franchise fees was discussed and agreed upon as it stands; page 6, item V. line 26-27 regarding Green Team activities struck from findings; page 9, item F. lines 13-15, the last sentence to be struck and the following added, "The status of the Town of Los Gatos balancing account to be separately calculated, in accordance with the agreed-upon procedures agreed to by both parties. Such calculation shall be audited by the auditors for Green Valley on an annual basis. The auditors for Green Valley shall report their findings on the calculation in a separate report using the previously agreed upon procedures and issue their report thereon. This report must include a reconciliation of the calculation to the audited financial statements of the Company." TC:D7:MM020695 February 6, 1995 Los Gatos, California SOLID WASTE MANAGEMENT CONT. Council Comments continued: Mr. Blanton: continued to support the mini-can option and asked Council to keep this option in mind for future consideration as other jurisdictions look into the feasibility of providing that service. Mrs. Benjamin: would like the message to go out that with the recycling program in effect the actual rubbish should be drastically reduced and the one can rate should conceivably be used by many more residents. The rates were established on the premise that waste would be reduced by recycling. The 96 gallon, 3 can totes can be returned to Green Valley and a smaller trash can used. Mayor O'Laughlin: would like to track the number of cans used, consider a mini-can option and give additional thought to the composting program in the future. He would like to see the program more consumer friendly and efficient. Mr. Attaway: asked about the findings and the previous comments by Mrs. Lubeck. Mr. Anderson, Town Attorney responded: Resolution of the balancing account reconciliation in the annual statement is appropriate; comments on page 2 could be stricken all together rather than rewritten. Mr. Attaway: noted that Council and staff had been meeting with state representatives concerning this issue and airing their concerns and eliciting positive responses concerning the municipalities needs. Motion by Mrs. Lubeck, seconded by Mayor O'Laughlin, that Council adopt Resolution 1995-24 entitled, RESOLUTION OF THE TOWN OF LOS GATOS MAKING FINDINGS REGARDING THE RATE BASE FOR GREEN VALLEY DISPOSAL COMPANY FOR 1994- 1996 AND ESTABLISHING BASE RATES FOR REFUSE COLLECTION IN THE TOWN OF LOS GATOS, which includes the following amendments to the proposed resolution: on page 2, item F., the wording needs to be softened--it was not totally incomplete nor inadequate, but there was a disagreement of opinion on a lot of the items; on page 2, item H., to add an historic comment on outreach to public regarding proposed rates or whether we do it in conjunction; page 6, item V. line 26-27 regarding Green Team activities struck from findings; page 9, item F. lines 13-15, the last sentence to be struck and the following added, "The status of the Town of Los Gatos balancing account to be separately calculated, in accordance with the agreed-upon procedures agreed to by both parties. Such calculation shall be audited by the auditors for Green Valley on an annual basis. The auditors for Green Valley shall report their findings on the calculation in a separate report using the previously agreed upon procedures and issue their report thereon. This report must include a reconciliation of the calculation to the audited financial statements of the Company." Carried by a vote of 4 ayes. Mr. Blanton voted no supporting his previous premise that a mini-can program be established to reward those who are producing less waste. DOWNTOWN BEAUTIFICATION/STREETSCAPE IMPROVEMENT/RESOLUTION 1995-25 NEWSRACKS IN PUBLIC RIGHT-OF-WAY/ORDINANCE INTRODUCTION (20.50) The following people from the audience spoke to this issue: Darrin Watson, 2373 Lincoln Ave., Hayward, representing "USA Today" spoke of the newsracks, safety and design and requested the following changes in the proposed ordinance: page 3. Sec. 23.70.020.(a) two publishers' representatives and one Downtown Association representative; page 4, Sec.23.70.025(d) have an insurance clause. (Town Attorney did not support this change as TC:D7:MM020695 February 6, 1995 Los Gatos, California DOWNTOWN BEAUTIFICATION CONT. Darrin Watson continued: courts have found insurance requirements place and unfair burden on the fringe newspapers which the 1st amendment was intended to protect;) page 4, Sec.23.70.025. that the ID marker with pertinent information regarding the party responsible for the maintenance of the rack and that the Town's permit be separately displayed; page 5, Sec. 23.70.030(a) that the 4 foot height limit be changed to 54" so as to leave room for installation mounts for the average newsracks; page 5, Sec.23.70.030(c) asked that this section be reconsidered stating the difficulty of maintenance or upgrading the equipment; page 8, Sec.23.70.040(a)(3)f. asked that news racks be given constitutional rights over benches. (Town Attorney noted that benches also have constitutional rights;) page 9, Sec.23.70.040(b) that this section be removed because of unfettered discretion of the Planning Director. (Town Attorney stated consistency of the ordinance, and that this section did not affect unfettered discretion.) Keith Kawashima, 245 Almendra, speaking for Los Gatos Weekly Times and Metro Publishing, spoke of the newspapers and the cost of permanent racks. Noted that bolting down all racks is expensive and restrictive and that the company needs to maintain flexibility with mobile equipment to accommodate active locations and stay within their limited budget. Barbra Toren, 15443 Orangeblossom, representing the Downtown Association, explained the bench program and the work done on the newspaper racks and trash receptacles. She also noted the trash receptacles and the need to maintain beauty and charm for the downtown area and asked that all aspects of the plan be considered together. Joe Hargett, spoke of the benches and clarified some aspects of the cost and purchase of the benches by those wanting to contribute to the program. Shirley Henderson, spoke enthusiastically of the project and how well it is progressing. No one else from the audience addressed this issue. Motion by Mrs. Benjamin, seconded by Mr. Blanton, to continue this item to February 21, 1995 for the Downtown Association to work further with the Newspapers and their rack designs so that the whole Downtown Beautification Program can be adopted at one time. Carried unanimously. APPEALS OF PLANNING COMMISSION/STANDARD OF REVIEW (19.47) Mrs. Benjamin noted that she did not want to see applicants trying to circumvent the actions of the Planning Commission. She preferred to see language in the ordinance which would not allow this to happen. Council Consensus that this item return to Council February 21, 1995 for some wording which will address the concern of applicant circumventing Planning Commission decision. TC:D7:MM020695 February 6, 1995 Los Gatos, California LOS GATOS CREEK TRAIL/BERLINER & KIDDER/REALITY APPRAISAL (08.44) Council Consensus that this item return to Council February 21, 1995 with report concerning renegotiation with the appraiser. TOWN COUNCIL MEETINGS/SCHOOL DISTRICT STUDY SESSION (21.10) Council Consensus that Council consider revising Town Council Meeting Schedule for 1994-95 Fiscal Year to hold a study session with the school districts servicing Los Gatos residents, on March 13, 1995. COUNCIL COMMITTEE REPORTS (22.10) Mr. Attaway reported on a contact from a Brazilian Soccer School from Cambridge, Mass., who wanted to hold their Soccer Camp in Los Gatos. He reported to them that it was not a Town function and they found Foothill College to run their camp at this summer. Mr. Blanton noted he had been made Chair of the Joint Powers Assoc. Transit Assist Board. ADJOURNMENT Motion by Mr. Blanton, seconded by Mrs. Benjamin, that this evening's meeting be adjourned at 11:46 p.m. Carried unanimously. ATTEST: Marian V. Cosgrove Town Clerk TC:D7:MM020695