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M 10-07-96TOWN OF LOS GATOS CALIFORNIA TOWN COUNCIL/PARKING AUTHORITY October 7, 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 7:31 p.m., Monday, October 7, 1996, in regular session. ROLL CALL Present:Joanne Benjamin, Steven Blanton, Linda Lubeck, Patrick O'Laughlin and Mayor Randy Attaway. Absent:None. PLEDGE OF ALLEGIANCE Given by all in attendance. CLOSED SESSION Mayor Attaway announced that Council had not met in Closed Session this evening. COMMENDATIONS/EMPLOYEE SERVICE AWARDS (XX.44) Mayor Attaway announced the presentation of the Employee Service Awards from the Town to our employees who have worked for the Town for over 15 years. Millie Sperath was first to accept her Commendation for fifteen years of service to the Town of Los Gatos. Next Mayor Attaway presented the Town's Commendation to Patricia Friedrich who had served the Town for twenty years. Robert Eger and Robert Weber were also Commended for their twenty-five years of service to the Town. All honorees were present to receive their awards and commendations from Mayor Attaway. They all thanked the Mayor and fellow employees for the privilege of being able to serve the Town during this time. SCHEDULE OF PUBLIC HEARINGS (01.01) Informational report regarding currently scheduled public hearings was received and filed. COUNTY REFERRALS (02.47) Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, that Council approve the recommended action concerning County Referrals: Referral # Location Applicant Request Recommendation 6397 15299 Top of the Hill Rd Jamshidi Design Review Approval/2 conditions Carried unanimously. TC:D8:MM100796 PLANNING COMMISSION/PLANNING DEPARTMENT MONTHLY STATUS REPORT (03.47) Informational report regarding activity of Planning Commission and Department was received and filed. TC:D8:MM100796 October 7, 1996 Los Gatos, California TREASURER'S REPORT (04.V) Informational report submitted by the Treasurer to the Council as of July 31, 1996, 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/SEPTEMBER 1996 (06.V) Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, that Council ratify the check register for the payroll of August 25 through September 7, 1996 paid on September 13, 1996, and payroll of September 8 through September 21, 1996 paid on September 27, 1996, in the amount of $581,604.30. Carried unanimously. ACCOUNTS PAYABLE/RATIFICATION/SEPTEMBER 1996 (07.V) Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, that Council ratify the accompanying check registers for accounts payable invoices paid on September 13, and September 20, 1996 in the amount of $469,282.74. Carried unanimously. MINUTES OF SEPTEMBER 16, 1996 (08.V) Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, that Council approve the Minutes of September 16, 1996 as submitted. Carried unanimously. PARKS COMMISSION/STUDENT COMMISSIONER APPOINTMENTS (09.20) Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, that Council affirm the Student Parks Commissioner Appointments for Chris Miller and Shoshaunna Parks. Carried unanimously. COMMUNITY SERVICES DEPART/REPLACEMENT COMPUTER/FUND TRANSFER (10.28) Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, that Council authorize transfer of $1,300.00 from Solid Waste Management Contractual Services and $900.00 from Solid Waste Management Office Supplies to Solid Waste Management Capital Replacement to purchase a new computer for the Community Services Department Secretary I. Carried unanimously. FORBES MILL FOOTBRIDGE MURAL PROJECT/PROJECT ACCOUNTING (11.44) Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, that Council accept the Forbes Mill Footbridge Mural Project status report and authorize revisions to the Community Services Department budget to accommodate project accounting. Carried unanimously. REDEVELOPMENT AGENCY'S CONFLICT OF INTEREST CODE/AMENDED (12.49) Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, that Council accept report regarding the currency of the Redevelopment Agency Conflict of Interest Code. Carried unanimously. UNIVERSITY AVENUE NEAR OAK MEADOW PARK/GENERAL PLAN AMENDMENT LIGHT INDUSTRIAL TO SERVICE COMMERCIAL (13.46) Bill Cooper, 16056 Greenwood, Monte Sereno, noted his financial interest in the property under consideration, and asked that this item be continued so he can review the implications of a change in zoning. Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, that Council continue this item to some future time. Carried unanimously. TC:D8:MM100796 October 7, 1996 Los Gatos, California OHLONE COURT 137-139/STORM DRAIN EASEMENT/SUMMERHILL VASONA (14.09) TRACT 8280/RESOLUTION 1996-120 Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, that Council adopt Resolution 1996-120 entitled, RESOLUTION OF THE TOWN OF LOS GATOS APPROVING TOWN PARTICIPATION IN LOT LINE ADJUSTMENT THAT WOULD TRANSFER APPROXIMATELY 500 SQUARE FEET OF OPEN SPACE LAND TO TWO ADJACENT PROPERTY OWNERS IN EXCHANGE FOR THEIR MAINTENANCE OF THE IMPROVEMENTS ON THE PROPERTY AND AUTHORIZING THE MAYOR TO EXECUTE THE APPLICATION OF LOT LINE ADJUSTMENT ON BEHALF OF THE TOWN. Carried unanimously. BUILDING INSPECTION/PLAN CHECK SERVICES/MONTE SERENO/RESO 1996-121 (15.28) Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, that Council adopt Resolution 1996-121 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO ENTER INTO AN AGREEMENT BETWEEN THE TOWN OF LOS GATOS AND THE CITY OF MONTE SERENO FOR BUILDING INSPECTION AND PLAN CHECK SERVICES. Carried unanimously. 9605B PROJECT/DISABLED ACCESS RAMP CONSTRUCTION/BID AWARD (16.35) Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, that Council continue this item to the Council meeting of October 21, 1996, and authorize the return of all bid bonds except for the low bidder. This action is requested because the consultant selected to verify Federal Prevailing Wage Compliance has yet to satisfy Town insurance requirements. Carried unanimously. EMPLOYEE ASSISTANCE PROGRAM SERVICES/RESOLUTION 1996-122 MERIT BEHAVIORAL CARE OF CALIFORNIA/MEDCO BEHAVIORAL CARE (17.14) Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, that Council adopt Resolution 1996-122 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO RENEW CONTRACT WITH MERIT BEHAVIORAL CARE OF CALIFORNIA, INC. DBA MEDCO BEHAVIORAL CARE OF CALIFORNIA, INC. FOR EMPLOYEE ASSISTANCE PROGRAM SERVICES. Carried unanimously. WORKER'S COMPENSATION PROGRAM/WILLIS CORROON/RESOLUTION 1996-123 (18.14) Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, that Council adopt Resolution 1996-123 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO EXECUTE AN AGREEMENT WITH WILLIS CORROON FOR THIRD PARTY ADMINISTRATION OF THE TOWN'S WORKERS' COMPENSATION PROGRAM, with a stipulated one year contract. Carried unanimously. HICKS ROAD 17101/CHALLENGER SCHOOL/APPEAL DENIAL/RESOLUTION 1996-124 (19.09) Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, that Council adopt Resolution 1996-124 entitled, RESOLUTION OF THE TOWN OF LOS GATOS DENYING AN APPEAL OF A PLANNING COMMISSION DECISION TO DENY AN ARCHITECTURE AND SITE APPLICATION AND A CONDITIONAL USE PERMIT FOR THE CONSTRUCTION AND OPERATION OF A PRIVATE ELEMENTARY SCHOOL ON APPROXIMATELY 44.6 ACRES OF PROPERTY AND A LOT LINE ADJUSTMENT TO AN EXISTING PROPERTY LINE BETWEEN TWO ADJACENT PROPERTIES CURRENTLY IN THE UNINCORPORATED AREA BUT PREZONE HR-5, PROJECT APPLICATION PRJ-96-35, NEGATIVE TC:D8:MM100796 October 7, 1996 Los Gatos, California DECLARATION APPLICATION ND-96-5. Carried unanimously. TC:D8:MM100796 October 7, 1996 Los Gatos, California TOP OF THE HILL 15299/RESIDENCE/EROSION PROBLEM/RESOLUTION 1996-125 (20.09) Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, that Council adopt Resolution 1996-125 entitled, RESOLUTION OF THE TOWN OF LOS GATOS GRANTING AN APPEAL OF A PLANNING COMMISSION DECISION TO APPROVE PLANS FOR THE CONSTRUCTION OF A SINGLE FAMILY RESIDENCE ON PROPERTY LOCATED IN THE UNINCORPORATED AREA, UNDER A WILLIAMSON ACT OPEN SPACE AGREEMENT AND PREZONED RC, INSOFAR AS TWO CONDITIONS REGARDING DRAINAGE ARE REVISED PURSUANT TO AGREEMENT BETWEEN THE APPLICANT AND THE APPELLANT, ARCHITECTURE AND SITE APPLICATION S-95-90. Carried unanimously. VERBAL COMMUNICATIONS Downtown Preferred Parking: Alice Royall, 20 Park Ave. #4, spoke of the problems associated with the Permit Parking at Parking Lot #9, and she requested that preferential parking on that lot be ended. Director of Engineering noted that this subject will be adgendized for the October 21, 1996 meeting and open for discussion at that time. HEARINGS HICKS ROAD/LOS GATOS CHRISTIAN CHURCH/APPEAL (21.09) Mayor Attaway stated that this was the time and place duly noted to consider a request to reconsider the Town Council's decision to overturn the 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 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. Patrick O'Laughlin, Town Councilmember, noted for the record that he is unable to participate in the following hearings on the agenda tonight: Item 21-The Los Gatos Christian Church-due to his previous absence at one of the hearings and his past abstention vote; Item 23-In-Lieu Parking Fees-a possible conflict of interest due to a close family member acting as counsel for the interested party; Item 25-7/9 N. Santa Cruz Restaurant Facility-due to possible financial conflict of interest with a neighboring property. Linda Lubeck, Town Councilmember, asked if Council could modify the conditions on the use permit if the Council decides not to reconsider the appeal. Larry Anderson, Town Attorney, noted that Council had the option to modify the adopted resolution. The following people from the audience spoke to this issue: Michael Burke, 16769 Hicks Road, presented the Councilmembers with video tapes concerning the traffic impacts on Hicks Road which Council viewed prior to this evening's meeting. These were submitted for the record and a video monitor was available in the chambers for viewing if Council made the request. Spoke decisively on upholding the General Plan, congested traffic on Hicks and the impact this intensification will make on Hicks and feeder roads. TC:D8:MM100796 October 7, 1996 Los Gatos, California HEARINGS CONTINUED HICKS ROAD/LOS GATOS CHRISTIAN CHURCH/CONT. Speakers continued: Dale Evans, 505 San Benito Avenue, noted that Council had the authority to interpret the General Plan. He spoke of the $68,000 spent by the Church in 1988 to mitigate traffic problem on Burke Road. He agreed to uniformed traffic guard during peak traffic hours. Hazel Burke, 16767 Hicks Road, opposes the project due to the impact on the environment and rural neighborhood, and requested no further intensification. Norman Burke, 16767 Hicks Road, opposes the project and noted the noisy diesel buses and the activity and noise caused by the maintenance of these buses. He asked if the church had a permit for this maintenance. Mayor Attaway asked that this concern be checked by staff. Shirley Wimmer, 14850 Blossom Hill Road, supports the project and commended Councilmembers for their observance of the good of the whole and their concern for the individual also. Richard Kennedy, 5611 Le Fevre Drive, San Jose, Senior Pastor of Los Gatos Christian Church, noted that the Church had responded to the issues of traffic, noise and fire. He thanked the Town and staff for the extensive work on the reports and for the time devoted to this project. Mrs. Lubeck asked if the Church would be willing to restrict its hours of use within the use permit. Mr. Kennedy responded that the Church would be open to consideration of restriction on hours of operation. Steve Crollen, 14677 Shannon Road, feels that the Council has erred by not upholding the Town's General Plan. He does not agree with Council's interpretation of that document. Sam Safadi, 109 Madera Court, Alta Vista Homeowners Association, is concerned and upset about the project and the increase of traffic impacts on surrounding roads. Beverly Wiman, 14475 Shannon Road, opposes the additional buildings being allowed on this property, especially the very large gymnasium. Frank Jones, 112 Belhaven Drive, agrees with Councilmembers' and requests that they uphold their own decision. Gail Brady, 16387 Englewood Ave., spoke of the impact of large churches on the surrounding neighborhoods. No one else from the audience addressed this issue at this time. Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, that Council close the public hearing. Carried unanimously. Council Comments and Consensus: Mrs. Lubeck asked about sufficient parking on site. Mr. Bowman stated that the Church had 80 spaces above its use permit, and that there were provisions that off site parking would be documented by the Church to the Town for special events. Mayor Attaway noted the three possibilities Council had to act on this evening: 1) Did Council err and want to reconsider a public hearing? 2) Did Council not err but want to make findings clearer in resolution? 3) Did we learn something tonight we were unaware of before and want to amend the conditions of operation? Mr. Blanton is sure the Council did not err. He spoke of interpretation and differing views on the issue. Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council did not err and should not reconsider. Carried by a vote of 4 ayes. Mr. O'Laughlin abstained. TC:D8:MM100796 October 7, 1996 Los Gatos, California HEARINGS CONTINUED HICKS ROAD/LOS GATOS CHRISTIAN CHURCH/CONT. Council Comments and Consensus Continued: Mrs. Benjamin spoke of visiting the site and reviewing the traffic. She studied the traffic engineer's report and the noise report. She also spoke to residents in the area both for and against the project. Mrs. Lubeck does not want to reconsider, but she did address the intensification issue and wanted to address restriction of hours. Mayor Attaway supported the motion. Clarification of findings: Mr. Blanton feels it is desirable to have a new youth facility made available in the Town and a school facility to provide options for the residents of Los Gatos. The proposed uses will not impair the integrity and character of the zone; there is sufficient mitigation measures imposed on the modification and the dedication of land for a new foot and bike trail; it is not detrimental to the public health, safety or general welfare; the addition of conditions to the use permit will further mitigate the traffic issues; the proposed uses of the property are in harmony with the various elements and objectives of the General Plan, given the fact that this is an existing use and historically the traffic does not appear to be higher than years before. Mrs. Lubeck noted an addition to Item D in the Resolution: that traffic occurs "...in short concentrated blocks of duration." Motion by Mr. Attaway, seconded by Mrs. Lubeck, that Council incorporate the findings made by Mr. Blanton and Mrs. Lubeck in the Resolution. Carried by a vote of 4 ayes. Mr. O'Laughlin abstained. Circulation Plan Conditions of Approval Discussion: Mr. Blanton requested the following amendment: "Placement of a traffic monitor at the intersection of Hicks and Burke Roads during high traffic periods to facilitate movement of traffic from Burke Road onto Hicks Road." Mrs. Lubeck requested the following considerations: "Limit access from the property driveway onto Burke road; Limit vehicle traffic along the north/northwest property line near the adjacent residential property." Motion by Mrs. Lubeck, seconded by Mr. Blanton, that Council approve the addition of the language noted above under the Circulation Plan Discussion in the Conditions of Approval Section 2. Carried by a vote of 4 ayes. Mr. O'Laughlin abstained. Motion by Mrs. Lubeck, seconded by Mr. Blanton, that Council assign the Special Events Coordinator to be notified by the Church in the stipulations of use noted in Item #7 of the Conditions of Approval. Carried by a vote of 4 ayes. Mr. O'Laughlin abstained. Motion by Mrs. Lubeck, that Council adopt hours of operation for the Church, school and gym as follows: Day School 7:30-6:00; Gym Mon-Thur 8:30 a.m.-9:00 p.m./Fri 8:30 a.m.-11:00 p.m./Sat 9:00 a.m.-6:00 p.m./Sun services; Church Mon-Sat 8:00 a.m.-9:00 p.m./Sun 9:00 a.m.-7:00 p.m./Special Event and Staff to remain as in Item 21 staff report. Motion dies for lack of second. TC:D8:MM100796 October 7, 1996 Los Gatos, California HEARINGS CONTINUED HICKS ROAD/LOS GATOS CHRISTIAN CHURCH/CONT. Council Comments and Consensus Continued: Mayor Attaway prefers to leave the hours as they are and not place restrictions at this time since Council does not have sufficient input from the Church concerning its hours. Mrs. Lubeck stated that there are no restricted hours in the use permit at this time. Mrs. Benjamin noted that the major traffic rush on Hicks is between 8 a.m. and 8:30 a.m. and she would like to see the hours of operation be at 9 a.m. for the gymnasium and 7 a.m. for the extended day school. Motion by Mrs. Benjamin, seconded by Mr. Blanton, that the Conditions of Approval include Dayschool hours of Mon-Fri 7:00 a.m. to 6:00 p.m.; Gymnasium hours for non-school activities of Mon-Sat 9:00 a.m. to 10:00 p.m.; Special Events not to start or end between 4:30-6:30 p.m. Carried by a vote of 3 ayes. Mr. O'Laughlin abstained. Mrs. Lubeck voted no Motion by Mrs. Lubeck, that the Church hours be Mon-Sat 8:30 a.m. to 10:00 p.m. and Sun 8:30 a.m. to 7:00 p.m.; Special Events paragraph and Staff paragraph be included. Motion dies for lack of second. Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, that Church hours be Mon-Sat 8:00 a.m.- 10:00 p.m./Sun 8:00 a.m. to 8:00 p.m. and that the paragraphs on Special Events and Staff be included in the Conditions of Approval. Carried by a vote of 4 ayes. Mr. O'Laughlin abstained. Motion by Mrs. Lubeck, seconded by Mr. Blanton, that this agenda item be continued to a later time this evening after "Other Business" on the agenda, at which time staff will return the Resolution to Council with the additions adopted by Council incorporated in the Resolution and Conditions of Approval. Carried by a vote of 4 ayes. Mr. O'Laughlin abstained. WINCHESTER BOULEVARD 14731/RESIDENTIAL SUBDIVISION/APPEAL (22.09) Mayor Attaway stated that this was the time and place duly noted for public hearing to consider an appeal of a Planning Commission decision to approve a 10 lot detached single family subdivision and the demolition of one single family residence and one secondary dwelling unit on 3.67 acres in the R- 1:12,000 Zone. Project Application PRJ-96-36. Negative Declaration Application ND-96-4. Property Location: 14731 Winchester Boulevard. Property Owner: John Pierini. Applicant: Civitaf Corp. Appellant: Malcolm Mosher, Jr. Mayor Attaway noted that Council had approved the tentative map at the last meeting subject to a traffic study being done regarding egress of the project onto Wimbledon. The following people from the audience spoke to this issue: Ed Daou, 14841 Clara Street, applicant for the project, explained the traffic study that was completed since the last meeting. The suggestions from the study were to install a 20 mph sign at the horizontal curve; to remove one of the trees at the proposed access; and if the Town suggests to install an all way stop sign. James Terrell, 14700 Golf Links Drive, requested the addition of the Stop Signs for safety concerns, and also asked that the trees remain. No one else from the audience addressed this issue. TC:D8:MM100796 October 7, 1996 Los Gatos, California HEARINGS CONTINUED WINCHESTER BOULEVARD 14731/CONT. Motion by Mr. Blanton, seconded by Mrs. Benjamin, to close the public hearing. Carried unanimously. Motion by Mr. Attaway, seconded by Mrs. Lubeck, to approve the project and deny the appeal of the Planning Commission's decision for Project Application PRJ-96-36 for a 10 lot single family subdivision, incorporating the Planning Commission's findings and conditions as the Council's; and adding the additional conditions of installation of a speed advisory sign of 20 mph; trimming of the tree at the project entrance, or if that is unsatisfactory, removing the tree and replacing it with three other trees within the project. Carried unanimously. (Demolition was previously approved at the September 3, 1996 meeting.) PARKING IN-LIEU/NORTH OF LOS GATOS SARATOGA ROAD/ORDINANCE INTRO (23.46) Mayor Attaway stated that this was the time and place duly noted for public hearing to consider amending Town Code Chapter 29, Division 5. "Nonconforming buildings, lots and uses" to allow payment of fees in-lieu of providing the required parking for nonconforming properties in the downtown, North of Los Gatos Saratoga Road. It has been determined that this Town Code Amendment will not have a significant impact on the environment, and is, therefore, exempt from the requirements of the Environmental Quality Act. Zoning Ordinance Amendment A-96-3. Applicant: Town of Los Gatos. The following people from the audience spoke to this issue: Peggy O'Laughlin, representing Walgreens, expressed interest and concern in the concept of the in- lieu fees but questioned the increase from the first estimates given by staff. The concept of the Zoning Ordinance Amendment allowing in-lieu fees for parking credits is supported by the applicant, but the increased cost of the spaces needs more time for consideration by Walgreens. Maintenance costs seem reasonable, but fees above the original adjusted costs seem excessive. Ms O'Laughlin asked that the subject be continued for further review by all interested parties. Egon Jensen, 182 Lester Lane, requested that the fees collected by this proposal go to the maintenance of the parking lot North of Highway 9. He also noted the possibility of liability to the Town of collecting in-lieu fees and not providing the extra parking spaces until some unspecified time in the future. No one else from the audience addressed this issue. Motion by Mrs. Benjamin, seconded by Mr. Blanton, to close the public hearing. Carried by a vote of 4 ayes. Mr. O'Laughlin abstained. Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, to continue this item for four weeks to November 4, 1996. Mrs. Benjamin withdrew this motion and the prior motion, and proceeded with another motion. Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, that Council continue this item to November 4, 1996. Carried by a vote of 4 ayes. Mr. O'Laughlin abstained. TC:D8:MM100796 October 7, 1996 Los Gatos, California HEARINGS CONTINUED COUNCIL RECESS Mayor Attaway called a recess at 9:35 p.m. and called the meeting back to order at 9:45 p.m. BROADWAY 80/RESIDENTIAL REMODEL/APPEAL (24.09) Mayor Attaway stated that this was the time and place duly noted for public hearing to consider appeal of a Planning Commission decision to approve a minor architecture and site application to demolish a secondary dwelling unit and to incorporate the floor area in the existing residence on property in the R-1D:LHP Zone. Project Application PRJ-96-67. Property Location: 80 Broadway. Property Owner: Allen and Lena Henderson. Appellant: Paul Biber and Carol Ferro. The following people from the audience spoke to this issue: Paul Biber, 84 Broadway, explained that the extension proposed blocked his view and that the project does not conform to the FAR. He asked that the present proposal be denied. Chris Spaulding, 801 Camelia Street, Suite E, Berekley, explained the project and plans and the difficulty in adjusting or lowering the extension. He noted that the clients were not interested in placing major living space in the basement. He is also trying to maintain the property's view corridor. Chris Flannigan, 16155 Hillvale Ave., Monte Sereno, spoke of neighborhood cooperation in adjusting the concerns within the plan. Bill Mainhart, 1 Bay View, asked for consideration of privacy issues within the reconstruction and the preservation of view corridors. Lennart Hjord, 177 Broadway, approves the proposal and the spirit of cooperation within the neighborhood. Although a view might be obstructed, the overall quality and upgrade of the neighborhood is improved by the renovation projects. Warren Ristow, 85 Broadway, is not in favor of the project and the obstruction of view. He suggests digging down to accommodate the additional floor space. Steve Kattrel, 81 Broadway, spirit of cooperation is needed between the neighborhood and the developers of the property. Claire La Claire, 50 Broadway, suggested other floor plans to preserve privacy and views. Paul Biber, 84 Broadway, speaks of talking to the Hendersons and working out an amicable solution. No one else from the audience addressed this issue. Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council close the public hearing. Carried unanimously. Motion by Mr. O'Laughlin, seconded by Mr. Blanton, that Council return this project to the DRC for redesign; that the height be lowered; that a room be contemplated on the lower level; that the view be preserved; that the design adhere to the FAR; that the Planing Commission erred in that this redesign in an historic neighborhood is not compatible with the other structures in the neighborhood by its height, its mass and its scale, and its interruption of scenic views and privacy which now exist. Carried by a vote of 4 ayes. Mayor Attaway voted no stating that this addition has a minor impact, it is the best floor plan for this site, and only 60% of one neighbor's kitchen window is impacted. TC:D8:MM100796 October 7, 1996 Los Gatos, California HEARINGS CONTINUED SANTA CRUZ AVE 7-9 N/LA CANADA BUILDING/RESTAURANT EXPANSION (25.09) Mayor Attaway stated that this was the time and place duly noted for public hearing to consider appeal of a Planning Commission decision denying a modification of a Conditional Use Permit to expand an existing restaurant into retail space and to serve beer and wine with meals on property located in the C-2 LHP Zone. Project Application PRJ-96-83. Property Location: 7-9 N. Santa Cruz Ave. Property Owner: La Canada Family. Appellant: Brad Wells, CW Gourmet, Inc. The following people from the audience spoke to this issue: Brad Wells, principal of CW Gourmet, Inc., 3600 Pruneridge Ave. #340, Santa Clara. Addressed two separate issues: 1) Additional Space; 2) Sale of Beer and Wine. He would like to offer a full service restaurant with the additional space. With the smaller space the area will lead to fast service and less sit down trade. Sue Farwell, 121 Laurel Ave., submitted pictures for the record and spoke of the appropriateness of melding the two units together for restaurant use. There is very little window space available for retail use against the outside window walls. There is already an existing restaurant use at this location allowing 45 seats. The applicant only wants to use 29 of those seats. George Turajlich, 106 Cherrystone Court, manager of "Up to Date" spoke of being willing to move from this location because it is not good for his retail business due to lack of window space and visibility. Mark Brodsky, 17306 Grosvenor, Monte Sereno, spoke of having an affordable family restaurant in the downtown to serve the residents of Los Gatos. Michael Johnson, 1960 The Alameda, #100, San Jose, real estate agent with Colliers Parrish, representing both parties, spoke of the owners of CW Gourmet being the founders of Fresh Choice Restaurants. He spoke of the availability of 67 seats for restaurant use and not realizing that these would be limited for use if they were not used when they were purchased. Dan Taylor, Andale's Representative, asked that restaurants be limited in the area; noted difficulty in parking; take out businesses are messy; retail does fill up in this location. Joe Hargett, 95 Church Street, spoke of the loss of retail in the area and the need for a mix to bring the people to Town. Louise Sanchez, spoke of all the restaurants that are now downtown with little availability of retail or variety stores for merchandise. Dave Burman, Gilley's Restaurant, asked for continued retail in the location and denial of the restaurant. He questioned bathroom availability. Brad Wells, CW Gourmet, spoke of the bathrooms in the breezeway available for the units and readdressed Council on the advisability of his proposed project. No one else from the audience addressed this issue. Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, that Council close the public hearing. Carried by a vote of 4 ayes. Mr. O'Laughlin abstained. Motion by Mr. Blanton, that Council overrule the Planning Commission and grant the appeal. Motion died for lack of second. Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, to uphold the Planning Commission's decision and deny the appeal due to the delicate balance and mixes of use in the downtown area, specifically the need for a good retail base. Carried by a vote of 3 ayes. Mr. O'Laughlin abstained. Mr. Blanton voted no. TC:D8:MM100796 October 7, 1996 Los Gatos, California HEARINGS CONTINUED SANTA CRUZ AVE 7-9 N/LA CANADA BUILDING/CONT. Motion by Mr. Blanton, seconded by Mrs. Benjamin, to deny the application for beer and wine service at this location. (Mrs. Benjamin and Mr. Blanton did not want sale of alcohol with fast food business. Mr. Attaway and Mrs. Lubeck feel that beer and wine will be more conducive to keeping the restaurant a sit down facility.) Motion withdrawn. Motion by Mr. Blanton, seconded by Mrs. Lubeck, to grant the beer and wine application on the basis of receiving new information that the proposal would be eligible for more seating in the existing restaurant space. That this will return to staff, DRC and Planning Commission with Council encouraging more in-house seating, allowing use of the banked seats in the "Susan's Muffins" space only, and with that direction to grant the use of beer and wine with the sale of meals in the unexpanded restaurant space. Applicant to work out the details with staff. Carried by a vote of 4 ayes. Mr. O'Laughlin abstained. COUNCILMEMBER BLANTON RETIRES Mr. Blanton requested permission to leave at 11:20 p.m. due to illness. SANTA CRUZ AVE 664 N/R & M PROPERTIES/ZONE CHANGE/ORDINANCE INTRO (26.09) Mayor Attaway stated that this was the time and place duly noted for public hearing to consider a Zone Change from C-1 to LM for a portion of an existing lot fronting on Industrial Way. Negative Declaration Application ND-96-2. Development application DEV-96-1. No significant environmental impacts have been identified as a result of this project. Property Location: 664 N. Santa Cruz Avenue. Applicant: R & M Properties. The following person from the audience spoke to this issue: Bill Mason, 649 University Ave., noted that the present floral shop will be incorporated in the new project. No one else from the audience addressed this issue. Motion by Mrs. Benjamin, seconded by Mr. O'Laughlin, that Council close the public hearing. Carried by a vote of 4 ayes. Mr. Blanton absent. Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, that Council make the Negative Declaration and find that the amendment is consistent with the General Plan and the Downtown Specific Plan. Carried by a vote of 4 ayes. Mr. Blanton absent. The Town Clerk read the Title of the Draft Ordinance. Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, that Council waive the reading of the Draft Ordinance. Carried by a vote of 4 ayes. Mr. Blanton absent. Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, that Council introduce Draft Ordinance entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONING MAP #126 FROM C-1 TO LM FOR A PORTION OF THE PROPERTY LOCATED AT 664 N. SANTA CRUZ AVENUE. Carried by a vote of 4 ayes. Mr. Blanton absent. TC:D8:MM100796 October 7, 1996 Los Gatos, California OTHER BUSINESS LOS GATOS BOULEVARD PLAN/GRAPHIC LAYOUT/TRAFFIC STUDIES (27.46) Mayor Attaway stated that this was the time and place duly noted to consider: A) Authorizing transfer of $10,000 from General Plan update account to Planning Department expenditure account for environmental and traffic consultants. B) Authorize sending request for proposal to qualified graphic design consultants for: 1) drawings and illustrations for the Los Gatos Boulevard Plan; 2) graphic layout and document formatting for the Los Gatos Boulevard design standards. C) Authorize Town Manager to request formal proposal from Wildan Engineering Consultants for an intersection configuration study for the Shannon Road and Roberts Road intersection at Los Gatos Boulevard. The following people from the audience spoke to this issue: Elizabeth Smith, 17551 Vineland Ave., Monte Sereno, speaking on behalf of the Boulevard Plan. Spoke emphatically for the need of concrete plans for proceeding intelligently with the vision for the Boulevard. The final stage must be completed for any sense of order to prevail in that location. Mark Brodsky, 17306 Grosvenor, Monte Sereno, spoke in support of the plan. Encouraged Council to take the last step toward the finalization of the Charette and establish a plan and design for the future of Los Gatos Boulevard. No one else from the audience addressed this issue. Council Comments: Mrs. Lubeck noted that it was time to contract for engineering studies, traffic studies and professional designs to coordinate the preliminary charette conceptualizations. Mrs. Benjamin noted that at least three studies have been done over the time she has been on Council and she would prefer to bring out those studies that have already been paid for and review them. Mr. O'Laughlin felt that the Shannon Road intersection was the most problematic and he would like to review some of the past plans and suggestions done by professionals. Motion by Mr. Attaway, seconded by Mr. O'Laughlin, that Council accept the recommendation from staff consisting of items one and two, but on item three Council asks staff to provide information on past studies before making a decision on item three. Carried by a vote of 4 ayes. Mr. Blanton absent. TOLL HOUSE HOTEL/EXPANSION/TOWN OWNED PROPERTY (28.44) Mayor Attaway stated that this was the time and place duly noted to consider interest in expanding Toll House Hotel onto Town owned property (Greyhound Bus Depot). The following people from the audience spoke to this issue: Wayne Levenfeld, 10120 Phar Lap Drive, Cupertino, Toll House Hotel Manager, spoke in support of the concept and of the upgrade to the property that the Bus Station is situated on. He noted low traffic impact; property taxes; high quality guests; and TOT. He presented the conceptualizations of the project on Town property and the connecting foot bridge creating a southern gateway to the Town. COUNCIL MEETING CONTINUED PAST MIDNIGHT Motion by Mrs. Lubeck, seconded by Mr. O'Laughlin, to continue this meeting past midnight. Carried by a vote of 4 ayes. Mr. Blanton absent. TC:D8:MM100796 October 7, 1996 Los Gatos, California OTHER BUSINESS TOLL HOUSE HOTEL/CONT. Speakers continued: Frank Jones, 112 Belhaven Drive, asked that Council not make a decision yet but allow more comment from the community. Wayne Levenfeld, 10120 Phar Lap Drive, asked for Council to determine if the Toll House should move forward on its investigation of purchasing the bus depot property. Mark Brodsky, 17306 Grosvenor, Monte Sereno, spoke of a Victorian style horizontal elevator to move pedestrians to the southern access transportation port and part of the proposed Vasona corridor. No one else from the audience addressed this issue. Motion by Mrs. Lubeck, seconded by Mr. O'Laughlin, that Council authorize the retention of a surveyor; the retention of an appraiser; the purchase of a title investigation; and the performance of an economic analysis. (Mrs. Lubeck suggests funding of this proposal by either taking money from fixed assets or reserve for economic uncertainty with the stipulation to return the funds to those accounts after the sale has been finalized.) That the funding not exceed those figures shown in the staff report. Carried by a vote of 4 ayes. Mr. Blanton absent. HICKS ROAD/LOS GATOS CHRISTIAN CHURCH/APPEAL/RESOLUTION 1996-126 (21.09) Staff returned to Council with the amended Resolution, and amended Conditions, which Council took the time to review. Motion by Mrs. Lubeck, seconded by Mr. Attaway, that Council adopt Resolution 1996-126 entitled, RESOLUTION OF THE TOWN OF LOS GATOS GRANTING AN APPEAL OF A PLANNING COMMISSION DECISION TO DENY A REQUEST FOR APPROVAL OF A CONDITIONAL USE PERMIT 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 FACILITY 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 WITH CONDITIONS; PROJECT APPLICATION PRJ-96-6; NEGATIVE DECLARATION APPLICATION ND-96-6, with amendments to the Resolution, with amendments to the Conditions and with attached plans. Carried by a vote of 3 ayes. Mr. O'Laughlin abstained. Mr. Blanton absent. NAMING OF TOWN-OWNED FACILITIES/RESOLUTION (29A.44) Motion by Mrs. Benjamin, seconded by Mr. O'Laughlin, to continue the consideration of adoption of resolution establishing Town Council Policy on naming Town-owned public facilities, so that Mrs. Benjamin can draft an alternative policy for consideration. Carried by a vote of 4 ayes. Mr. Blanton absent. Speaker from the audience: Ken Rodrigues, 18495 Beck Ave., Monte Sereno, spoke of the desire of the Los Gatos Little League to name Blossom Hill Field, "Baggerly Field." Mr. Rodrigues requested a copy of the new draft when it is ready. TC:D8:MM100796 October 7, 1996 Los Gatos, California NAMING NEW FOOT BRIDGE OVER LOS GATOS CREEK AT LARK (29B.44) Motion by Mrs. Benjamin, seconded by Mr. O'Laughlin, to name the new foot bridge over the Los Gatos Creek,"The Lark Avenue Trail Bridge." Carried by a vote of 4 ayes. Mr. Blanton absent. INSPECTION OF TOWN RECORDS/RESOLUTION (30.01) Motion by Mrs. Lubeck, seconded by Mrs. Benjamin, that this item be continued to November 4, 1996, and any changes be noted in the document. Mrs. Lubeck requested further review of a policy for identifying those people who request review of certain records that relate to other people personally. Carried by a vote of 4 ayes. Mr. Blanton absent. MOFFETT FEDERAL AIRFIELD/SCC CITIES ASSOCIATION/NOMINATIONS (31.14) Informational item brought to Council noting ability to submit nominations to the Santa Clara County Cities Association for the Community Advisory Committee on Moffett Federal Airfield. COUNCIL COMMITTEE REPORTS Mrs. Lubeck noted that the County Solid Waste Commission is considering a standardized illegal dumping ordinance for all communities in the county, and a way to combine the reporting for the entire county, which was established during AB939 compliance, and which will be needed to comply with the 25% and 50% tests. ADJOURNMENT Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, that this evening's meeting be adjourned at 12:35 a.m. Carried by a vote of 4 ayes. Mr. Blanton was absent. ATTEST: Marian V. Cosgrove Town Clerk TC:D8:MM100796