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M 08-05-96TOWN OF LOS GATOS CALIFORNIA TOWN COUNCIL/PARKING AUTHORITY August 5, 1996 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 7:36 p.m., Monday, August 5, 1996, in regular session. ROLL CALL Present:Joanne Benjamin, Steven Blanton, Linda Lubeck, and Mayor Randy Attaway. Absent:Patrick O'Laughlin. 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 54957.6 to Conference with Labor Negotiator for the Town, Jim Piper, Assistant Town Manager and Personnel Officer regarding Town Employees' Association (TEA), the General Employees of the Town and American Federation of State, County and Municipal Employees (AFSCME), the Parks, Forestry and Maintenance Department Employees. These negotiations are ongoing labor negotiations for which Council gave directions to negotiator as how to proceed. Pursuant to Government Code Section 54957 concerning Personnel. This is in regards to the annual performance evaluation of the Town Manager and the Town Attorney. Council began these discussions and continued this subject to September 3, 1996. SCHEDULE OF PUBLIC HEARINGS (01.01) Informational report regarding currently scheduled public hearings was received and filed. COUNTY REFERRALS (02.47) Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council approve the recommended action concerning County Referrals: Referral # Location Applicant Request Recommendation 6345 16505 Englewood Ave Carroll Building Site Approval/1 Condition 6263 14075 Arnerich Road Pearson Building Site/Design Review Approval/1 Condition TC:D8:MM080596 6350 Shannon Road Anderson Building Site/Design Review Approval/3 Conditions Carried by a vote of 4 ayes. Mr. O'Laughlin absent. PLANNING COMMISSION/PLANNING DEPARTMENT MONTHLY STATUS REPORT (03.47) Informational report regarding activity of Planning Commission and Department was received and filed. TC:D8:MM080596 August 5, 1996 Los Gatos, California COUNCIL CALENDAR OF MEETINGS (04.10) Informational item presenting future Town Meetings for Council and other Town Boards and Commissions was received and filed. PAYROLL RATIFICATION/JULY 1996 (05.V) Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council ratify the check register for the payroll of June 30 through July 13, 1996 paid on July 19, 1996 in the amount of $320,397.91. Carried by a vote of 4 ayes. Mr. O'Laughlin absent. ACCOUNTS PAYABLE/RATIFICATION/JULY 1996 (06.V) Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council ratify the accompanying check registers for accounts payable invoices paid on July 12, July 15, July 19 and July 26, 1996 in the amount of $548,410.94. Carried by a vote of 4 ayes. Mr. O'Laughlin absent. MINUTES OF JULY 15, 1996 (07.V) Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council approve the Minutes of July 15, 1996 as submitted, including a desk item. Carried by a vote of 4 ayes. Mr. O'Laughlin absent. TREASURER'S REPORT (08.V) Informational report submitted by the Treasurer to the Council as of May 31, 1996, was received and filed. ANNUAL REPORT FOR YEAR 1995-1996 (09.06) Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council accept Fiscal Year 1995-1996 Annual Report. Carried by a vote of 4 ayes. Mr. O'Laughlin absent. NEWSRACK COMMITTEE/OLD TOWN PARKING LOT/50 UNIVERSITY AVE (10.44) Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council approve deferring the enforcement of the modular newsrack design requirement for newsracks within the public right-of-way across from the Old Town Parking Lot at 50 University Avenue. Carried by a vote of 4 ayes. Mr. O'Laughlin absent. GRAND JURY REPORT/MAYOR'S RESPONSE (11.11) Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council authorize Mayor to respond to 1995-1996 Grand Jury Report as contained in Attachment 1 of the staff report. Carried by a vote of 4 ayes. Mr. O'Laughlin absent. SMYTHE EUROPEAN GRANT/COMMUNITY SERVICES ALLOCATIONS (12.06) Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council allocate $5,360 of Smythe European Empowerment Drive (SEED) grant funds to Community Grant recipients in accordance with Table I in the staff report and to adjust the Community Services Department's budget accordingly. Carried by a vote of 4 ayes. Mr. O'Laughlin absent. AMICUS BRIEF/KAVANAU/SANTA MONICA RENT CONTROL BOARD (13A.01) Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council authorize the Town Attorney to include the Town of Los Gatos as an amicus curiae in the case of Kavanau v. Santa Monica Rent Control Board, California Supreme Court Case S05184, at no cost to the Town. Carried by a vote of 4 ayes. Mr. O'Laughlin absent. TC:D8:MM080596 August 5, 1996 Los Gatos, California AMICUS BRIEF/HILLSBORO PROPERTIES/CITY OF ROHNERT PARK (13B.01) Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council authorize the Town Attorney to include the Town of Los Gatos as an amicus curiae in the case of Hillsboro Properties v. City of Rohnert Park, Appellate Court Case C-93-1723, at no cost to the Town. Carried by a vote of 4 ayes. Mr. O'Laughlin absent. AMICUS BRIEF/SUTER/CITY OF LAFAYETTE (13C.01) Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council authorize the Town Attorney to include the Town of Los Gatos as an amicus curiae in the case of Suter, et al. v. City of Lafayette, Appellate Court Case 1CIVA073743, at no cost to the Town. Carried by a vote of 4 ayes. Mr. O'Laughlin absent. NEIGHBORHOOD CENTER POLICIES AND PROCEDURES/RESOLUTION 1996-96 (14.44) Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council adopt Resolution 1996-96 entitled, RESOLUTION OF THE TOWN OF LOS GATOS ADOPTING POLICIES AND PROCEDURES FOR THE LOS GATOS DOWNTOWN NEIGHBORHOOD CENTER. Carried by a vote of 4 ayes. Mr. O'Laughlin absent. HOUSING CONSERVATION PROGRAM GUIDELINES/RESOLUTION 1996-97 (15.19) Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council adopt Resolution 1996-97 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AMENDING HOUSING CONSERVATION PROGRAM GUIDELINES ADOPTED BY RESOLUTION 1996-47. Carried by a vote of 4 ayes. Mr. O'Laughlin absent. ELECTRONIC BANKING SERVICES/BANK OF THE WEST/RESOLUTION 1996-98 (16.06) Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council adopt Resolution 1996-98 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO EXECUTE AN AGREEMENT WITH BANK OF THE WEST FOR ELECTRONIC BANKING SERVICES. Carried by a vote of 4 ayes. Mr. O'Laughlin absent. COMPUTER NETWORK CONSULTING/EDGE INFORMATION/RESOLUTION 1996-99 (17.28) Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council adopt Resolution 1996-99 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO EXECUTE AN AGREEMENT WITH EDGE INFORMATION SYSTEMS FOR COMPUTER NETWORK CONSULTING SERVICES FOR THE ADMINISTRATIVE SYSTEM COMPUTER NETWORK UPGRADE PROJECT. Carried by a vote of 4 ayes. Mr. O'Laughlin absent. COMPUTER SYSTEM/HEWLETT PACKARD SERVICE/POLICE/RESOLUTION 1996-100 (18.09) Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council adopt Resolution 1996-100 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO EXECUTE AN AGREEMENT WITH HEWLETT PACKARD FOR SUPPORT SERVICES FOR THE LOS GATOS POLICE DEPARTMENT. Carried by a vote of 4 ayes. Mr. O'Laughlin absent. TC:D8:MM080596 August 5, 1996 Los Gatos, California LOCAL LAW ENFORCEMENT GRANT/POLICE DEPARTMENT/RESOLUTION 1996-101 (19.09) Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council adopt Resolution 1996-101 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO FILE AN APPLICATION TO THE BUREAU OF JUSTICE ASSISTANCE FOR A LOCAL LAW ENFORCEMENT BLOCK GRANT. Carried by a vote of 4 ayes. Mr. O'Laughlin absent. PROJECT 9611/TRAFFIC LIGHT/BLOSSOM HILL & UNION (20.35) Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council continue this matter to September 3, 1996, at which time appeal will be heard. Carried by a vote of 4 ayes. Mr. O'Laughlin absent. UNIVERSITY AVE 742/THE RIDING CO/RESOLUTION 1996-102 (21.09) Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council adopt Resolution 1996-102 entitled, RESOLUTION OF THE TOWN OF LOS GATOS DENYING APPEAL OF PLANNING COMMISSION DECISION TO DENY A REQUEST FOR CONSIDERATION OF A GENERAL PLAN AMENDMENT FROM LIGHT INDUSTRIAL TO MEDIUM DENSITY RESIDENTIAL (5-12 UNITS/ACRE) AND A CHANGE IN ZONE FROM LM TO R-M:5- 12:PD TO PERMIT THE CONSTRUCTION OF A 23-UNIT DETACHED RESIDENTIAL PLANNED DEVELOPMENT WITH 3 BELOW MARKET RATE PRICED UNITS FOR A TOTAL OF 26 RESIDENTIAL UNITS ON A 3.1 ACRE LOT. GENERAL PLAN AMENDMENT GP-95-1. ZONE CHANGE APPLICATION Z-95-3. Carried by a vote of 4 ayes. Mr. O'Laughlin absent. HERNANDEZ AVE 48/RESIDENTIAL APPEAL/RESOLUTION 1996-103 (22.09) Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council adopt Resolution 1996-103 entitled, RESOLUTION OF THE TOWN OF LOS GATOS GRANTING AN APPEAL OF A PLANNING COMMISSION DECISION TO DENY A REQUEST FOR APPROVAL OF AN ARCHITECTURE AND SITE APPLICATION TO DEMOLISH AN EXISTING SINGLE FAMILY RESIDENCE AND TO CONSTRUCT A NEW SINGLE FAMILY RESIDENCE OF PROPERTY IN THE R-1:8000 ZONE, BUT ONLY INSOFAR AS THE APPLICATION IS RETURNED FOR REDESIGN AND FURTHER CONSIDERATION BY THE PLANNING COMMISSION. PROJECT APPLICATION PRJ-96-25. Carried by a vote of 4 ayes. Mr. O'Laughlin absent. FIRE CODE/NEW CHAPTER 9 OF TOWN CODE/AMEND CHAPTER 13 OF TOWN CODE (23.28) UNIFORM FIRE CODE/CALIFORNIA FIRE CODE/ORDINANCE 2017 Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council adopt Ordinance 2017 entitled, ORDINANCE OF THE TOWN OF LOS GATOS ADOPTING A NEW CHAPTER 9 OF THE TOWN CODE REGARDING FIRE PREVENTION AND PROTECTION AND REALIGNING OTHER SECTIONS OF THE TOWN CODE IN CHAPTER 13 TO PROVIDE FOR TOXIC GAS REGULATION (INCLUDING PROVISIONS FROM THE UNIFORM FIRE CODE, 1994 EDITION, AND 1995 CALIFORNIA FIRE CODE), which was introduced July 1, 1996 during a scheduled public hearing. Mayor Attaway asked if anyone in the audience would like to pull this item and hear it again this evening. No one from the audience responded to this announcement. Carried by TC:D8:MM080596 August 5, 1996 Los Gatos, California a vote of 4 ayes. Mr. O'Laughlin absent. TC:D8:MM080596 August 5, 1996 Los Gatos, California PARKS COMMISSION/STUDENT PARKS COMMISSIONERS/RESOLUTION 1996-2018 (24.20) Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council adopt Ordinance 2018 entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING VARIOUS SECTIONS OF THE TOWN CODE TO CHANGE THE NAME OF THE PARK COMMISSION TO PARKS COMMISSION AND CLARIFYING PROCEDURES FOR APPOINTMENT OF STUDENT PARKS COMMISSIONERS, which was introduced July 15, 1996. Carried by a vote of 4 ayes. Mr. O'Laughlin absent. VERBAL COMMUNICATIONS: Neighborhood Fence: Dan Milligan, 15764 Shady Lane, Los Gatos, spoke of an encroachment permit concerning a cyclone fence at 15753 Shady Lane. This fence was permitted supposedly to keep people from dumping things in the creek. Mr. Milligan stated that this fence restricted the natural movements of the hillside wild animals. He noted the deer, bobcat and fox and other wild life, saying their natural habitat would be adversely impacted. Mayor Attaway directed him to staff concerning his appeal of the encroachment. HEARINGS WEED ABATEMENT/ASSESSMENT CHARGES/HEARING/RESOLUTION 1996-104 (25.23) Mayor Attaway stated that this was the time and place duly noted for public hearing to consider and confirm report and assessment on abatement of weeds within Los Gatos and to adopt resolution approving report describing parcels of real property, and showing amount of weed abatement charges to be collected on the tax roll of the Town of Los Gatos. The following person from the audience spoke regarding this issue. Jan Abraham, 15433 Kennedy Road, asked for clarification of the procedure used for noticing and weed clearance on individual properties. She stated that for 20 years her property has not caused the weed abatement program to act. She spent $4,000 this year on clearing her weeds and does not believe her property warranted further action from the fire marshall. Lisa Brown, Weed Abatement Coordinator, County Fire Marshall's Office, stated that there was a mechanism for refunds to be granted. Larry Anderson, Town Attorney, said the appellant could work with the Fire Marshall's Office and Town Staff, and if a refund is found appropriate the consideration of the refund would be brought back to Council for approval at a future meeting. No one else from the audience addressed this issue. Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council close the public hearing. Carried by a vote of 4 ayes. Mr. O'Laughlin absent. Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council adopt Resolution 1996-104 entitled, RESOLUTION OF THE TOWN OF LOS GATOS ADOPTING REPORT DESCRIBING PARCELS OF REAL PROPERTY, AND SHOWING AMOUNT OF WEED ABATEMENT ASSESSMENTS TO BE COLLECTED ON THE TAX ROLL OF THE TOWN OF LOS GATOS IN THE COUNTY OF SANTA CLARA, FOR THE FISCAL YEAR 1996-97, and that staff will continue to work with Mrs. Abraham. Carried by a vote of 4 ayes. Mr. O'Laughlin absent. TC:D8:MM080596 August 5, 1996 Los Gatos, California HEARINGS CONTINUED BRUSH ABATEMENT/ASSESSMENT CHARGES/HEARING (26.23) Mayor Attaway stated that this was the time and place duly noted for public hearing to consider and confirm report and assessment on abatement of brush within Los Gatos. Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council close the public hearing. Carried by a vote of 4 ayes. Mr. O'Laughlin absent. Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council approve the 1996 Brush Abatement Program. Carried by a vote of 4 ayes. Mr. O'Laughlin absent. TERRENO DE FLORES LANE 14960/MULTI-FAMILY RESIDENTIAL/HEARING ORDINANCE INTRODUCTION (27.09) Mayor Attaway stated that this was the time and place duly noted for public hearing to consider a Zone Change from R-1:8,000 (Single Family Residential, 8,000 square foot minimum lot size) to RM:5-20 (Multiple Family Residential, 5-20 dwelling units per acre) for a 28,600 square foot parcel; recommended Negative Declaration; Zone Change Application DEV-96-2. Property Located at 14960 Terreno de Flores Lane. Property Owner: Norman Meyers. No one from the audience addressed this issue though Council noted that the owners of the property were present in the audience. Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council close the public hearing. Carried by a vote of 4 ayes. Mr. O'Laughlin absent. Motion by Mrs. Lubeck, seconded by Mr. Blanton, that Council make the Negative Declaration; and find that the amendment is consistent with the General Plan. Carried by a vote of 4 ayes. Mr. O'Laughlin absent. The Town Clerk read the Title to the Draft Ordinance. Motion by Mrs. Lubeck, seconded by Mrs. Benjamin, that Council waive the reading of the Draft Ordinance. Carried by a vote of 4 ayes. Mr. O'Laughlin absent. Motion by Mrs. Lubeck, seconded by Mr. Attaway, that Council introduce Draft Ordinance entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONING MAP 127 FROM R-1:8 TO RM:5-20 FOR THE PROPERTY LOCATED AT 14960 TERRENO DE FLORES LANE, and find that the amendment is consistent with the General Plan. Carried by a vote of 4 ayes. Mr. O'Laughlin absent. TC:D8:MM080596 August 5, 1996 Los Gatos, California HEARINGS CONTINUED KENNEDY MEADOWS BENEFIT ZONE/HEARING/LAND AND LIGHTING DISTRICT 1 (28.14) Mayor Attaway stated that this was the time and place duly noted for public hearing to consider protests and adopting resolution confirming diagram and assessments, and levying and authorizing and authorizing collection of assessments for fiscal year 1996-1997 in Landscaping and Lighting District # 1- Kennedy Meadows Benefit Zone. The following people from the audience spoke to this issue: Bill Hirschman, 230 Blossom Hill Road, Lexor Builders, developers of Kennedy Meadows, spoke of maintenance of the open space and trail areas by the contractor, and he asked for the benefit zone's initiation of operation date. Richard Pattinson, 400 Surmont Drive, inquired about equestrian use of the trail. No one else from the audience addressed this issue. Motion by Mr. Blanton, seconded by Mrs. Benjamin, to close the public hearing. Carried by a vote of 4 ayes. Mr. O'Laughlin absent. Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council approve the revised Engineer's Report. Carried by a vote of 4 ayes. Mr. O'Laughlin absent. Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council adopt Resolution 1996- entitled, RESOLUTION OF THE TOWN OF LOS GATOS CONFIRMING DIAGRAM AND ASSESSMENT, AND LEVYING AND AUTHORIZING COLLECTION OF ASSESSMENTS FOR LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT 1 - KENNEDY MEADOWS BENEFIT ZONE FOR THE FISCAL YEAR 1996-1997. Carried by a vote of 4 ayes. Mr. O'Laughlin absent. HICKS ROAD/LOS GATOS CHRISTIAN CHURCH/APPEAL (29.09) Mayor Attaway stated that this was the time and place duly noted for public hearing to consider an appeal of Planning Commission Decision denying an application request for approval of a conditional use permit amendment to increase the maximum allowable enrollment from 540 to 770 students and for an approximately 17,500 square foot youth recreational facility/gym, and an Architecture and Site Application for the construction of a middle school facilities consisting of eight (8) temporary, one- story classrooms, an office facility for the school, a restroom structure and one (1) outdoor bleacher for a maximum of 200 seats for daytime use on property in the HR-1 Zone. Project Application PRJ- 96-6. Property Location: 16845 Hicks Road. Property Owner: Los Gatos Christian Church. Appellant: Dale R. Evans. TC:D8:MM080596 August 5, 1996 Los Gatos, California HEARINGS CONTINUED HICKS ROAD/LOS GATOS CHRISTIAN CHURCH/CONT. Councilmembers noted that they had gone to see the site in question. The following people from the audience spoke to this issue: Richard Kennedy, 5611 Le Fevre Drive, San Jose, Pastor of the Los Gatos Christian Church, spoke of the architectural design and the history of the church over the past 150 years in this community. Dale Evans, Appellant, gave technical information on the attendance and traffic generated by the church. Linda Smedley, 7119 Brooktree, San Jose, Director of the Church School, expressed reasons for supporting the school expansion at this site. LeRoy Eikanas, 582 Churchill Park Drive, San Jose, supported the Family Center. Jack Christensen, 110 Lancewood Place, Architect for Los Gatos Christian Church, spoke of the design options for the school buildings. Richard Kennedy, spoke again for the Church supporting the proposal. Betty Qualls, 227 Thomas Drive, supported the Church Family Center. Sherrie Richter, 103 Crider Court, is in support of the private school and spoke of the need for this type of school in this location. Ted Cooper, 16980 Placer Oaks, and 152 Twin Oaks Road, supported the church school. Michael Burke, 16769 Hicks Road, supported the residential neighborhood that asked for less development in the area, decreased traffic impacts and consistency in the zoning density for all property owners. Michael Ajlowny,17311 Hicks Road, spoke in support of the neighborhood concerns; density and commercialism were noted. John McFarlane, 114 Colorado Court, noted the neighborhood concerns. Shirley Wimmer, 14850 Blossom Hill Road, spoke in favor of the project and noted that it can be built well and fit in the neighborhood area. The church can plan and control its traffic flow to help the neighborhood. Harold Dueck, 150 Kensington Way, spoke in favor of the project and the need for well run schools. Robert Hart, 15931 Rochlin Terrace, spoke in favor of the school. Sam Safadi, 109 Madera Court,addressed the land use issues on the property on Hicks Road. He spoke of openess and surroundings and does not want the intensification caused by the school. Symon Chang, 301 Santa Rosa Drive, spoke of the need for good schools in the area and noted it as a neighborhood school to service the immediate neighborhood. Paul Curtis, 15400 Winchester Blvd, addressed the land use issues and noted that schools and churches do not fall under the land use codes. This way these services can fit in immediate neighborhoods and do not go against the general plan or zoning maps, Frank Jones, 112 Belhaven Drive, spoke as a neighborhood resident and in favor of the school expansion. Norman Russel, 2158 La Miel Way, San Jose, spoke in support of the project. Appellant spoke in conclusion and offered an alternative way for the neighborhood traffic to ingress and egress and avoid the traffic drop offs. No one else from the audience addressed this issue. TC:D8:MM080596 August 5, 1996 Los Gatos, California HEARINGS CONTINUED HICKS ROAD/LOS GATOS CHRISTIAN CHURCH/CONT. Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council close the public hearing. Carried by a vote of 4 ayes. Mr. O'Laughlin absent. Council comments: Steve Blanton noted that sufficient weight had not been given to the community good that will be and is performed at the facilities already existing and proposed to be modified at the church; and that the church is to make those facilities available to the public at large; traffic is mitigated by the lack of distance that one needs to travel on Hicks Road to reach the facilities; and the factor that most traffic occurs at off peak hours; those two factors as well as the lengthy list of 48 conditions found on page 7 to 12 of the staff report help to mitigate the impact. Mr. Blanton requested two additional conditions be added to the satisfaction of the Planning Director; 1) the applicant shall construct a trail consistent with town's standards along the perimeter of the property that minimizes any impact to mature trees (this would mitigate the safety to pedestrians and cyclists); 2) the applicant shall develop a circulation pattern which minimizes impacts to the neighbors and to travelers on Hicks Road. The necessary findings for Council action are on page 3 of the staff report and findings for conditional use permit under 29.20.190 of the Town Code. Joanne Benjamin, noted the effort Council makes to find compromise between parties when there are difficult issues to be resolved. She spoke of the diversity of urban and rural areas; She finds encroachment into the hills by development is major concern, but in reviewing the church application finds that the activities already exist on that site, and the facilities have been fulfilling these activities for over twenty years at that location. She stated that Hicks Road traffic has changed; the road has been widened; driveways have been added; an easement for a pedestrian walkway should be put in; children would bike to school on Hicks if it was safe and had a bike trail. A traffic light has been added which has aided traffic flow on Hicks; Highway 85 has been built which has taken a large portion of the area traffic off the vicinity roads and reduced the traffic impact. Linda Lubeck, finds intensification very slight in view of the traffic studies and the existing facilities on the property. She asked for development of a circulation pattern to assist the church members and school attendees. She finds the flavor of the neighborhood from Camden to the Church property line is well developed with mixed development and does little to impact the rural ambiance since the church entrance way is just a .10th of a mile from Camden. She also noted that the neighborhood past the church is definitely rural. Mrs. Lubeck asked staff about numbers 1 & 4 which did not appear to be in synch and requested a more accurately defined five year period in regards to occupancy and completion of the proposed project. Mayor Attaway, spoke strongly in favor of having a business plan submitted for the school to see when the permanent structures will be built and completed. He is not at all comfortable with the temporary buildings which are only to remain on site for five years. Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council grant the appeal and incorporate the comments of the Council. Carried by a vote of 4 ayes. Mr. O'Laughlin absent. TC:D8:MM080596 August 5, 1996 Los Gatos, California COUNCIL RECESS Mayor Attaway recessed Council at 10:07 p.m. and reconvened the meeting at 10:15 p.m. HEARINGS CONTINUED LOS GATOS-SARATOGA ROAD 275/SNACK SHOPS IN SERVICE BAYS/APPEAL (30.09) CHEVRON STATION/ALCOHOL SALES Mayor Attaway stated that this was the time and place duly noted for public hearing to consider appeal of a Planning Commission decision to deny a minor architecture and site application for the exterior remodel of an existing automobile station and expansion of existing snack shop into a service bay on property in the C-2 Zone; Property located at 275 Los Gatos-Saratoga Road. Appellant: Chevron, U.S.A. Property Owner: Chevron, U.S.A. The following people from the audience spoke to this issue: Richard Miller, CHEVRON, USA, 6001 Bollinger Canyon Road, San Ramon, spoke of convenience stores located in gas stations and the ability to sell alcohol at these locations. He offered to have the legal department cooperate with the town in regards to use permits and alcohol sales. Tom DeLuca, UNICAL, 76 Broadway, Sacramento, spoke of its 1,300 gasoline stations which include convenience stores and the corporate policy of not selling alcohol at these locations. He noted his company's policy to cooperate with the communities they are located in as far as helping prepare use permits which regulate the sale of beer and wine at gas stations, and which can state that beer and wine is not going to be sold at those locations, and Los Gatos Town Council has that same option within a conditional use permit. Frank Jones, 112 Belhaven Drive, asked what mechanisms are in effect at the present in regards to the ABC licensing and the town's ability to restrict the sale of alcohol. No one else from the audience addressed this issue. Larry Anderson, Town Attorney, noted that a change in Town Ordinance would be needed to legalize convenience markets within service stations under a conditional use permit. Currently convenience markets are prohibited in service stations. A substantial list of findings will be developed so as to qualify a convenience market within a gasoline station. Mr. Anderson noted that he would work with the legal departments of UNICAL and CHEVRON. With full cooperation Council should have a report on the ordinance change for the September 16, 1996 meeting. Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, that Council continue this hearing to September 16, 1996 so as to review and consider the zoning mechanisms used by other cities which would limit the sale of alcohol at convenience markets located in gasoline stations. Carried by a vote of 3 ayes. Mr. O'Laughlin absent and Mayor Attaway voting no, because he is opposed to changing service stations into convenience stores throughout Town thereby losing the character and charm of Los Gatos. TC:D8:MM080596 August 5, 1996 Los Gatos, California LOS GATOS BOULEVARD PLAN/ENVIRONMENTAL CONSULTANTS TRAFFIC CONSULTANTS/GRAPHIC DESIGN CONSULTANTS (35.49) Joanne Benjamin, asked for a Council view on the design of Los Gatos Boulevard. She noted the following specific subjects: Parking or no parking on Los Gatos Boulevard; Narrowing the lanes; Remove in traffic signal medians and right hand turn lanes; to continue this item until Council can form a consensus of direction. Linda Lubeck, does not think that Council can make an informed decision regarding these elements without some technical and professional expertise delineating a plan. She is in favor of the $10,000 study to allow the Council to make an informed decision with a professional analysis. Council consensus to continue this item until Council can review the August 14th version of the General Plan Committee's Los Gatos Boulevard Plan which incorporates input from the public and Los Gatos Boulevard Alliance from discussions held at the Workshop of May 28, 1996. Councilmembers should be able to have this plan before them for review by October 7, 1996. The following people from the audience spoke to this issue: James Swanson, 16005 Los Gatos Boulevard, spoke in support of the Los Gatos Boulevard Plan but requested that the consulting fees not be appropriated at this time. Jim McHugh, 16150 Kennedy Road, spoke of Los Gatos Boulevard as a Boulevard for commercial enterprise. He asked that the funds not be appropriated for consultants until Council has read the latest version of the General Plan Committee's Report. Mark Brodsky, 17306 Grovenor Court, Monte Sereno, on the Boulevard Community Alliance, spoke for the need for specific visuals in the conceptualization of the Boulevard Plan so as to be able to focus more clearly all the work and input from the Charrette, and other meetings which have been held. Steve Boersma, 2173 Rosswood Drive, San Jose, spoke in favor of the consultant study so as to move the conceptualized plan forward. Spoke of revitalization of the Boulevard and integration of the Boulevard into the whole ambiance of the Town. Delineating the concept graphicly and showing the interrelationship of the Boulevard with the rest of the community, conceptualizes the integrated whole community. No one else from the audience addressed this issue. Motion by Mrs. benjamin, seconded by Mr. Blanton, to continue this item to October 7, 1996. Carried by a vote of 4 ayes. Mr. O'Laughlin was absent. PAST MIDNIGHT Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council continue this meeting past midnight. Carried by a vote of 4 ayes. Mr. O'Laughlin was absent. 9605 PROJECT/SIDEWALK RAMP RECONSTRUCTION/RESOLUTION 1996-106 (31.35) Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council adopt Resolution 1996-106 entitled, RESOLUTION OF THE TOWN OF LOS GATOS APPROVING PLANS AND SPECIFICATIONS, AND AUTHORIZE THE ADVERTISEMENT FOR PROJECT 9605 SIDEWALK RAMP RECONSTRUCTION PROGRAM. Carried by a vote of 4 ayes. Mr. O'Laughlin was absent. TC:D8:MM080596 August 5, 1996 Los Gatos, California RESTAURANT USE/DOWNTOWN/ORDINANCE INTRODUCTION (32.46) There was no one from the audience to address this issue The Town Clerk read the Title of the Draft Ordinance. Motion by Mrs. Lubeck, seconded by Mrs. Benjamin, that Council waive the reading of the Draft Ordinance. Carried by a vote of 4 ayes. Mr. O'Laughlin was absent. Motion by Mrs. Lubeck, seconded by Mrs. Benjamin, that Council reintroduce Draft Ordinance entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING CHAPTER 29 TO PROVIDE A MORE COMPREHENSIVE REVIEW OF ADDITIONAL RESTAURANT USE IN THE DOWNTOWN AREA. Carried by a vote of 3 ayes. Mr. O'Laughlin was absent. Mr. Blanton voted no for reasons noted in previous record. PARKING PERMITS/COMMERCIAL/DOWNTOWN/LOT 9/RESOLUTION 1996-107 (33.38) Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, that Council adopt Resolution 1996-107 entitled, RESOLUTION OF THE TOWN OF LOS GATOS ESTABLISHING PERMIT PARKING ON MUNICIPAL LOT #9, on a trial basis. Carried by a vote of 3 ayes. Mr. O'Laughlin was absent. Mr. Blanton voted no. Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, that staff look at the availability of an additional seven spaces for parking on Main Street by putting in diagonal parking. Carried by a vote of 4 ayes. Mr. O'Laughlin was absent. MISDEMEANOR PROSECUTION/PROCEDURES/ORDINANCE INTRODUCTION (34.46) There was no one from the audience to address this issue The Town Clerk read the Title of the Draft Ordinance. Motion by Mrs. Lubeck, seconded by Mrs. Benjamin, that Council waive the reading of the Draft Ordinance. Carried by a vote of 4 ayes. Mr. O'Laughlin was absent. Motion by Mrs. Lubeck, seconded by Mr. Blanton, that Council introduce Draft Ordinance entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING CHAPTERS 1 AND 2 OF THE TOWN CODE TO IMPROVE AND CLARIFY TOWN PROCEDURES AND ALLOW MISDEMEANOR PROSECUTION IN CERTAIN INSTANCES. Carried by a vote of 4 ayes. Mr. O'Laughlin was absent. COUNCIL REPORT LEAGUE OF CALIFORNIA CITIES/ANNUAL CONFERENCE/DELEGATES (36.10) Council consensus to continue this item to September 16, 1996 because Councilmembers are unsure of their schedules at this time and do not know if they will be attending the conference. COUNCIL REPORT NAMING TOWN-OWNED PUBLIC FACILITIES (37A.44) Council consensus that Mrs. Lubeck will submit a policy to the committee and this item will be continued for further input from the public. TC:D8:MM080596 August 5, 1996 Los Gatos, California AGENDA FORMAT/AGENDA RULES/RESOLUTION 1996-108 (37B.10) Motion by Mrs. Benjamin, seconded by Mrs. Lubeck,that Council adopt Resolution 1996- entitled, RESOLUTION OF THE TOWN OF LOS GATOS AMENDING COUNCIL POLICY ON TOWN COUNCIL AGENDA FORMAT AND RULES. Carried by a vote of 4 ayes. Mr. O'Laughlin was absent. COUNCIL COMMITTEE REPORT (38.10) Radar on Highway 85: Joanne Benjamin directed Council's attention to Jim Cunneen's letter regarding speeding on Highway 85 and the request for support of the use of radar as a means to reduce that speed. She requested that the Policy committee respond to that letter. Frank Jones from the audience addressed that comment and stated that accidents did not necessarily correlate to speeding. He felt that radar was intrusive of government agencies in private lives. Performance Audit of Town: Linda Lubeck submitted a proposal to Council and requested consideration of a performance audit. She asked that staff look into what other communities in California have done in the recent past, what savings these communities may have realized, and noted that our Town Manager had done performance audits professionally at one time. She requested staff review this information and report to Council at the October 7, 1996 meeting TOWN COUNCIL MEETING SCHEDULE/REINSTATE SEPTEMBER 3, 1996 (39.10) Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, that Council amend the Town Council Meeting Schedule for 1996-97 Fiscal Year reinstating the September 3, 1996 Council meeting. Carried by a vote of 4 ayes. Mr. O'Laughlin was absent. ADJOURNMENT Motion by Mr. Blanton, seconded by Mrs. Lubeck, that this evening's meeting be adjourned at 12:32 a.m. Carried by a vote of 4 ayes. Mr. O'Laughlin absent. ATTEST: Marian V. Cosgrove Town Clerk TC:D8:MM080596 August 5, 1996 Los Gatos, California TC:D8:MM080596