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M 06-02-97TOWN OF LOS GATOS CALIFORNIA TOWN COUNCIL/PARKING AUTHORITY June 2, 1997 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 7:35 p.m., Monday, June 2, 1997, in regular session. ROLL CALL Present:Randy Attaway, Steven Blanton, Jan Hutchins, Linda Lubeck and Mayor Joanne Benjamin. Absent:None. PLEDGE OF ALLEGIANCE Given by all in attendance. CLOSED SESSION Mayor Benjamin announced that Council had not met in Closed Session this evening. Mrs. Benjamin welcomed the new Town Attorney, Orry Korb. ARTS COUNCIL OF SANTA CLARA COUNTY/PRESENTATION (00.44) Mayor Benjamin introduced Joanne Tallesfore, Vice President and Bruce Davis, Executive Director of the Arts Council of Santa Clara County who discussed the Regional Cultural Plan for Arts in the Silicon Valley. The Plan was made available to Council and our community. 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/MAY 1997 (04.V) Motion by Mr. Attaway, seconded by Mrs. Lubeck, that Council ratify the check register for the payroll of May 4, 1997 through May 17, 1997, paid on May 23, 1997, in the amount of $338,142.24. Carried unanimously. ACCOUNTS PAYABLE/RATIFICATION/MAY 1997 (05.V) Motion by Mr. Attaway, seconded by Mrs. Lubeck, that Council ratify the accompanying check TC:D9:MM060297 registers for accounts payable invoices paid on May 16, and May 23, 1997 in the amount of $634,373.22. Carried unanimously. MINUTES OF MAY 19, 1997 (06A.V) Motion by Mr. Attaway, seconded by Mrs. Lubeck, that Council approve the Minutes of May 19, 1997 as submitted. Carried unanimously. JOINT COUNCIL/AGENCY MINUTES OF MAY 27, 1997 (06B.V) Motion by Mr. Attaway, seconded by Mrs. Lubeck, that Council approve the Joint Council/Agency Minutes of May 27, 1997 as submitted. Carried unanimously. CAPITAL IMPROVEMENT PROGRAM 1997-2002/RESOLUTION 1997-52 (07.06) Motion by Mr. Attaway, seconded by Mrs. Lubeck, that Council adopt Resolution 1997-52 entitled, RESOLUTION OF THE TOWN OF LOS GATOS APPROVING 1997-2002 CAPITAL IMPROVEMENT PROGRAM. Carried unanimously. GENERAL PLAN TASK FORCE/RESOLUTION 1997-53 PUBLIC AFFAIRS MANAGEMENT FACILITATOR (08.47) Motion by Mr. Attaway, seconded by Mrs. Lubeck, that Council adopt Resolution 1997-53 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO EXECUTE AN AGREEMENT WITH PUBLIC AFFAIRS MANAGEMENT TO FACILITATE MEETINGS OF THE GENERAL PLAN TASK FORCE. Carried unanimously. PUBLIC EMPLOYEES' RETIREMENT SYSTEM/RESOLUTION 1997-54 (09.11) Motion by Mr. Attaway, seconded by Mrs. Lubeck, that Council adopt Resolution 1997-54 entitled, RESOLUTION OF THE TOWN OF LOS GATOS ADOPTING AMENDMENT TO CONTRACTS BETWEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE TOWN COUNCIL OF THE TOWN OF LOS GATOS. Carried unanimously. PROJECT 9707/COMPRESSION STATION/WINCHESTER & LARK (10.09) Staff had removed this item from the agenda and continued it to June 16, 1997. MICHAEL LA ROCCA/COMMENDATION FROM TOWN/RESOLUTION 1997-55 (11.44) Motion by Mr. Attaway, seconded by Mrs. Lubeck, that Council adopt Resolution 1997-55 entitled, RESOLUTION OF THE TOWN OF LOS GATOS COMMENDING MICHAEL LAROCCA FOR SERVICE TO THE TOWN OF LOS GATOS. Carried unanimously. VERBAL COMMUNICATIONS Winchester & Lark Station: William Burns, 140 Newell Ave., spoke in opposition to the proposed natural gas compression service station plans and specs, and distributed a package of material for the record. Council on Aging: Hal Janzen, asked that the Town work on finding a representative from Town to serve on the Council of Aging so as to have input from Los Gatos at the Council meetings. Blossom Hill Gateway: Sandy Anderson, 400 Surmont Drive, submitted a petition from residents in the Blossom Hill area to preserve the Heinz property as open space. Susan Arroyo, to preserve the Williamson Act on the property to its normal closure, and if there is development it not be cluster but single family homes. Wanda Ann Bodurka, 155 Surmont Drive, spoke of traffic safety with the increased development at TC:D9:MM060297 this location. HEARINGS UNION AVENUE 15551/JIFFY LUBE/APPEAL (12.09) Mayor Benjamin stated that this was the time and place duly noted for public hearing to consider appeal of the decision of the Planning Commission approving an Architecture and Site application and a Conditional Use Permit to construct a service oil changing business on property zoned C-1. No significant environmental impacts have been identified as a result of this project, and a Negative Declaration is recommended. Project Application PRJ-96-158. Negative Declaration Application ND-96-19. Property Location: 15551 Union Avenue. Property Owner: Arthur Downing. Applicant: Jiffy Lube. Appellant: Barbara Johnston. The following people from the audience spoke to this issue: Jonathan Sapp, 310-P Bowling Green Drive, Walnut Creek, explained the project and how it will benefit the shopping center and the neighborhood. Barbara Johnston, 235 Thomas Drive, spoke of the many reasons the neighborhood does not want this use at this location. Susan Arroyo, 119 Anne Way, opposed the project. Francis Steitz, 176 Anne Way, opposed the project. Jim Rogers, 201 Howes Drive, opposed the project. Larry Fava, 245 Thomas Drive, opposed the project. Jill Arroyo, 119 Anne Way, opposed the project. Dean Geannacopulos, 233 Thomas Drive, opposed the project. Teresa Meisenbach, 261 Howes Drive, opposed the project. Maureen Heberling, 291 Hershner Court, opposed the project. Sally Judge, 150 Piedmont Court, opposed the project. Jeff Brown, 239 Thomas Drive, opposed the project. Dwayne Downing, 15551 Union Avenue, gave the history of Downing Center, told of the care involved in planning this project, and asked for approval from Council. Ron Coleman, Jiffy Lube Manager, spoke of the management style of this business. Scott Jaunich, Berliner-Cohen, 10 Almaden Blvd., San Jose, Attorney for the project, explained how this project upheld all that had been asked of it. Garry Hubert, Traffic Study Consultant, said that this type of business would impact the area the least, and that there would be no noticeable increase in traffic. Pamela Warren, 105 Fillmer Avenue, opposed the project. Bill Stewart, 151 Anne Way, opposed the project. Frank Arroyo, 119 Anne Way, opposed the project and submitted a letter for the record. John Sapp, Applicant, Jiffy Lube, spoke of the other uses this building could house if Jiffy Lube left the site. Barbara Johnston, Appellant, in closing reaffirmed the neighborhood opposition to this project. No one else from the audience addressed this issue. Motion by Mr. Hutchins, seconded by Mr. Attaway, to close the public hearing. Carried unanimously. TC:D9:MM060297 June 2, 1997 Los Gatos, California HEARINGS CONTINUED UNION AVENUE 15551/JIFFY LUBE/CONT. Council Comments: Mr. Attaway asked about the findings needed to grant the appeal. Mr. Hutchins had visited the site and neighborhood and found the shopping center and the residential neighborhood extremely well cared for and compatible with one another. He saw the Jiffy Lube as incompatible to the proposed location, and made the motion at this point. Mr. Blanton felt that the definition of service station could be expanded to include this type of business. Mrs. Lubeck felt that the Planning Commission had not erred. That they had carefully considered this proposal, and that the proposed business and building were compatible at this location. Mrs. Benjamin does not think that gasoline stations belong in residential neighborhoods. She would rather they be located on more traveled routes. She would like different zoning on this site. Motion by Mr. Hutchins, seconded by Mr. Attaway, to grant the appeal and find that the Planning Commission erred in its findings, and that this project will not provide a community benefit. Carried by a vote of 4 ayes. Mrs. Lubeck voted no. UNIVERSITY AVE 973/OFFICE BUILDING/APPEAL (13.09) Mayor Benjamin stated that this was the time and place duly noted for public hearing to consider appeal of the decision of the Planning Commission denying an Architecture and Site application to construct a 15,000 square foot office building and a subdivision application to merge two lots on property in the CM zone. No significant environmental impacts have been identified as a result of this project, and a Negative Declaration is recommended. Project Application PRJ-96-125. Negative Declaration ND-96-16. Property Owner: James F. Boccardo. Applicant/Appellant: Vasona Properties. The following people from the audience spoke to this issue: Jim Rees, 985 University Ave., representing Vasona Properties, spoke of the project's design and compatibility within the proposed location. Mary Keith Osborn, 17051 Wild Way, opposed the project and spoke of the impact of this project to the surrounding neighborhood. Fay Warner, 17051 Wild Way, opposed the project. Jean Graf, neighbor, opposed the project. Ann Campbell, opposed the project. Maryanna McSwain, 17600 San Benito Way, supported the project. Jim Hoffman, 14636 Weeth Drive, Landscape Architect, spoke of the proposed plans for landscaping as it relates to the project. Nancy Castro, 17239 Verdes Robles, opposed the project. Steve Scott, 17082 Summit Way, opposed the project. Doug Boldt, Architect, 2083 Old Middlefield Way, Mt. View, explained the project and its compatibility to the land, topography and stability of the ground in this location. The environment has been considered in preservation of the natural landscape. The total height of the building is 34 feet. HEARINGS CONTINUED UNIVERSITY AVE 973/OFFICE BUILDING/CONT. TC:D9:MM060297 June 2, 1997 Los Gatos, California Speakers continued: Jim Rees, Vasona Properties, in closing, spoke of the environmental concerns and the care taken with these plans. He spoke of the trash dumpsters and the facilities trash enclosures for these bins. No one else from the audience addressed this issue. Motion by Mr. Hutchins, seconded by Mr. Blanton, to close the public hearing. Carried unanimously. Council Comments: Mr. Attaway asked that the status of Wild Way be made perfectly clear, and be in a written document, if Council decides to grant the appeal. He would prefer a one story but does not think two stories can be seen from the residential streets. Mrs. Lubeck felt the mass and scale of the building did not match the existing structures in that area, and she does not think the Planning Commission erred. Mrs. Benjamin concluded that the one story would impact the environment and trees more than the two story would. The hill will shield the height of the building and 70% landscaping will beautify the site. Motion by Mr. Blanton, seconded by Mr. Hutchins, to grant the appeal, finding: the Planning Commission erred; the project has minimum impact on the area; traffic mitigation is addressed in the tenant being an existing business in that location; and the status of Wild Way will be made clear in a written document. Carried by a vote of 4 ayes. Mrs. Lubeck voted no. HOUSING ELEMENT UPDATE/GENERAL PLAN AMENDMENT/RESOLUTION 1997-56 HEARING (14.46) Mayor Benjamin stated that this was the time and place duly noted for public hearing to consider the Housing Element Update. No significant environmental impacts have been identified as a result of this project, and a Negative Declaration is recommended. General Plan Amendment GP-97-0001. Negative Declaration : ND-97-0005. Applicant: Town of Los Gatos. The following people from the audience spoke to this issue: Nancy Burbank, 108 Bellcrest, speaking for the League of Women Voters's, supported the Housing Element. Melanie Shaffer-Frietas, Planning Consultant, explained that the Housing Element gave the Council a tool to aid in the decision making process. This document establishes a foundation upon which to form decisions. Los Gatos has over 200 permanently affordable units, of which 80% are for very low income households. She noted the significant funds being dedicated to affordable units and the need to identify the projects they will be associated with. No one else from the audience addressed this issue. Motion by Mr. Blanton, seconded by Mr. Hutchins, to close the public hearing. Carried unanimously. TC:D9:MM060297 June 2, 1997 Los Gatos, California HEARINGS CONTINUED HOUSING ELEMENT UPDATE/GENERAL PLAN AMENDMENT CONT. Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council finds the Housing Element Update is internally consistent with the General Plan. Carried by a vote of 4 ayes. Mr. Attaway voted no. He fully supports the housing goals, but opposes the state's dictates and methodology in dealing with this issue. Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council make the Negative Declaration. Carried by a vote of 4 ayes. Mr. Attaway voted no for reason reflected above. Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council adopt Resolution 1997-56 entitled, RESOLUTION OF THE TOWN OF LOS GATOS UPDATING THE HOUSING ELEMENT OF THE LOS GATOS GENERAL PLAN BY ADOPTING GENERAL PLAN AMENDMENT GP-97-01 AND REPEALING RESOLUTION 1991-75. Carried by a vote of 4 ayes. Mr. Attaway voted no. (Mrs. Benjamin noted that she was opposed to hiring a consultant at this time but that this proposal was not reflected in the resolution.) BRUSH DECLARED A HAZARD/BRUSH ABATEMENT ORDERED/HEARING (15.28) RESOLUTION 1997-57 Mayor Benjamin stated that this was the time and place duly noted for public hearing to consider declaring that hazardous conditions exist on the properties listed and authorize the County contractor to perform the brush abatement work necessary to comply with the standards. No one from the audience addressed this issue. Motion by Mr. Hutchins, seconded by Mr. Blanton, to close the public hearing. Carried unanimously. Motion by Mr. Blanton, seconded by Mr. Hutchins, that Council adopt Resolution 1997-57 entitled, RESOLUTION OF THE TOWN OF LOS GATOS OVERRULING OBJECTIONS AND ORDERING ABATEMENT OF BRUSH AS A PUBLIC NUISANCE. Carried unanimously. NONDISPOSAL FACILITY ELEMENT/SANTA CLARA COUNTY/HEARING (16.14) RESOLUTION 1997-58 Mayor Benjamin stated that this was the time and place duly noted for public hearing to consider an amendment to the County of Santa Clara Countywide Nondisposal Facility Element. No one from the audience addressed this issue. Motion by Mr. Blanton, seconded by Mrs. Lubeck, to close the public hearing. Carried unanimously. TC:D9:MM060297 June 2, 1997 Los Gatos, California HEARINGS CONTINUED NONDISPOSAL FACILITY ELEMENT/SANTA CLARA COUNTY CONT. Motion by Mrs. Lubeck, seconded by Mr. Hutchins, that Council adopt Resolution 1997-58 entitled, RESOLUTION OF THE TOWN OF LOS GATOS ADOPTING THE FIRST AMENDMENT TO THE COUNTY OF SANTA CLARA COUNTY WIDE NONDISPOSAL FACILITY ELEMENT (NDFE), AS THE TOWN OF LOS GATOS' NONDISPOSAL FACILITY ELEMENT PURSUANT TO PUBLIC RECORDS CODE SECTION 41730 ET SEQ. Carried unanimously. TOWN COUNCIL MEETING SCHEDULE 1997-98 (17.10) Mayor Benjamin asked that this item be continued while staff tries to plan items for agendas that would leave August 4th as a Council day off. APPLICATION FEES REFUND/JOSEPH & JANICE GALI (18.06) Janice Gali, 57 Alpine Ave., requested a refund of building application fees. Motion by Mr. Blanton, seconded by Mr. Attaway, to refund $2,504.98 of application fees to Joseph and Janice Gali due to an error made by staff. This motion includes refunding notification costs and charging the appellant only the amount it cost to send the the notice for the second application. Carried unanimously. BUSINESS LICENSE TAX & LATE PENALTY FEES/BUSH CONSTRUCTION (19.05) Council consensus at the request of the applicant, to continue this item to July 7, 1997 so that the applicant can clarify her point of view. COUNCIL REPORTS (20.10) Jan Hutchins reported from the Vasona Light Rail Project Policy Advisory Board. At the meeting were the Mayor from Campbell, Supervisor Bell, Mr. Wolf from Saratoga and Mr. Hutchins. A decision was made to extend the Light Rail to the Winchester point on the line rather than stopping it in the middle of Campbell. By saving money in the downtown San Jose configuration, and making these plans now, it may be built without returning it to the ballot. This configuration makes parking for the line more feasible and the ability to build into Los Gatos more probable. ADJOURNMENT Motion by Mr. Blanton, seconded by Mr. Attaway, that this evening's meeting be adjourned at 10:08 p.m. Carried unanimously. ATTEST: Marian V. Cosgrove Town Clerk TC:D9:MM060297