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M 08-03-98DRAFT TOWN OF LOS GATOS Council Agenda CALIFORNIA Date: 9/8/98 TOWN COUNCIL/PARKING AUTHORITY Item #: JOINT REDEVELOPMENT AGENCY August 3, 1998/Minutes TOWN COUNCIL The Town Council/Parking Authority/Redevelopment Agency 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, August 3, 1998, in joint regular session. ROLL CALL Present:Randy Attaway, Joanne Benjamin, Steven Blanton, Jan Hutchins, and Mayor/Chairman Linda Lubeck. Absent:None. PLEDGE OF ALLEGIANCE Given by all in attendance. CLOSED SESSION Mayor Lubeck announced that the Council had not met in closed session this evening. SCHEDULE OF PUBLIC HEARINGS (01.01) Informational report regarding currently scheduled public hearings was received and filed. COUNCIL CALENDAR OF MEETINGS (02.47) Informational item presenting future Town Meetings for Council and other Town Boards and Commissions was received and filed. It was noted that the General Plan Committee is now meeting on the 2nd and 4th Wednesdays. RATIFICATION OF PAYROLL/JUNE-JULY 1998 (03.V) Motion by Mrs. Benjamin, seconded by Mr. Hutchins, that Council ratify the check registers for the payrolls of June 28 through July 11, 1998, paid on July 17, 1998 in the amount of $334,378.35. Carried unanimously. ACCOUNTS PAYABLE/RATIFICATION/JULY 1998 (04.V) Motion by Mrs. Benjamin, seconded by Mr. Hutchins, that Council ratify the accompanying check registers for accounts payable invoices paid on July 17 and July 24, 1998 in the amount of $284,399.23. Carried unanimously. MINUTES OF JULY 20, 1998 (05.V) Motion by Mrs. Benjamin, seconded by Mr. Hutchins, that Council approve the Minutes of July 20, 1998 as submitted. Carried by a vote of 4 ayes. Mrs. Benjamin abstained. ANNUAL REPORT FOR FISCAL YEAR 1997-98 (06.05) Motion by Mrs. Benjamin, seconded by Mr. Hutchins, that Council accept and file the Annual Report for Fiscal Year 1997-98. Carried unanimously. TC:D10:MM080398 Town Council Minutes August 3, 1998 Redevelopment Agency Los Gatos, California TREASURER'S REPORT (07.V) Informational report submitted by the Treasurer to the Council as of June 30, 1998, was received and filed. LIBRARY BEQUEST/ALFRED PAUL BAILEY (08.44) Motion by Mrs. Benjamin, seconded by Mr. Hutchins, that Council accept bequest to the Los Gatos Public Library from the late Alfred Paul Bailey. Carried unanimously. LOS GATOS PUBLIC LIBRARY CENTENNIAL CELEBRATION/RESOLUTION 1998-118 (09.44) Motion by Mrs. Benjamin, seconded by Mr. Hutchins, that Council adopt Resolution 1998-118 entitled, RESOLUTION OF THE TOWN OF LOS GATOS PROCLAIMING OCTOBER 1998 AS THE MONTH OF "LOS GATOS PUBLIC LIBRARY CENTENNIAL CELEBRATION" Carried unanimously. LIBRARY NEEDS ASSESSMENT/CONSULTING SERVICES/RESOLUTION 1998-119 (10.44) Motion by Mrs. Benjamin, seconded by Mr. Hutchins, that Council adopt Resolution 1998-119 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO EXECUTE AN AGREEMENT WITH PROFESSIONAL LIBRARY CONSULTANTS, P.A. FOR CONSULTING SERVICES FOR A LIBRARY NEEDS ASSESSMENT STUDY FOR A CONTRACT AMOUNT OF $23,505. Carried unanimously. EDELEN AVENUE/PREFERENTIAL PARKING/24 HOUR/RESOLUTION 1998-120 (11.40) Motion by Mrs. Benjamin, seconded by Mr. Hutchins, that Council adopt Resolution 1998-120 entitled, RESOLUTION OF THE TOWN OF LOS GATOS APPROVING 24 HOUR PARKING IN THE EDELEN AVENUE PERMIT PARKING DISTRICT. Carried unanimously. CIVIC CENTER/DECK ROOF REPLACEMENT/PROJECT 9705/RESOLUTION 1998-121 (13.35) Motion by Mrs. Benjamin, seconded by Mr. Hutchins, that Council adopt Resolution 1998-121 entitled, RESOLUTION OF THE TOWN OF LOS GATOS ACCEPTING WORK OF PACIFIC WEATHERSHIELD INC., PROJECT 9705 - CIVIC CENTER PLAZA DECK ROOF REPLACEMENT AND AUTHORIZING THE TOWN MANAGER TO EXECUTE CERTIFICATE OF ACCEPTANCE AND NOTICE OF COMPLETION FOR RECORDING BY TOWN CLERK. Carried unanimously. POLICE DEPARTMENT RENOVATION/PROJECT 9817/RESOLUTION 1998-122 (14.35) Motion by Mrs. Benjamin, seconded by Mr. Hutchins, that Council adopt Resolution 1998-122 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH CALIFORNIA BUILDING SPECIALTIES FOR THE CONSTRUCTION OF PROJECT 9817 - POLICE DEPARTMENT RENOVATION. Carried unanimously. SIDEWALK-CURB-GUTTER RECONSTRUCTION/PROJECT 9909/RESOLUTION 1998-123 (15.35) Motion by Mrs. Benjamin, seconded by Mr. Hutchins, that Council adopt Resolution 1998-123 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH GEORGE BIANCHI CONSTRUCTION, INC. FOR THE CONSTRUCTION OF PROJECT 9909 ANNUAL SIDEWALK, CURB AND TC:D10:MM080398 Town Council Minutes August 3, 1998 Redevelopment Agency Los Gatos, California GUTTER RECONSTRUCTION. Carried unanimously. TC:D10:MM080398 Town Council Minutes August 3, 1998 Redevelopment Agency Los Gatos, California COMPRESSED NATURAL GAS/CNG/PG&E/RESOLUTION 1998-124 (16.44) LOS GATOS SERVICE CENTER/MOTOR VEHICLE FUELING/41 MILES AVE. Motion by Mrs. Benjamin, seconded by Mr. Hutchins, that Council adopt Resolution 1998-124 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING TOWN MANAGER TO EXECUTE AGREEMENT WITH PACIFIC GAS AND ELECTRIC COMPANY FOR SUPPLY OF NATURAL GAS FOR COMPRESSION AS A MOTOR- VEHICLE FUEL LOCATED AT THE TOWN OF LOS GATS SERVICE CENTER - 41 MILES AVENUE. Carried unanimously. ARCHAEOLOGICAL INVESTIGATION/FORBES MILL/RESOLUTION 1998-125 (17.44) Motion by Mrs. Benjamin, seconded by Mr. Hutchins, that Council adopt Resolution 1998-125 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO EXECUTE AGREEMENT WITH LOS GATOS MUSEUM ASSOCIATION AND SAN JOSE STATE UNIVERSITY FOR AN ARCHAEOLOGICAL INVESTIGATION OF THE ORIGINAL FORBES MILL. Carried unanimously. STATE MANDATED REIMBURSEMENTS/DAVID GRIFFITH/RESOLUTION 1998-126 (18.05) Motion by Mrs. Benjamin, seconded by Mr. Hutchins, that Council adopt Resolution 1998-126 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO EXECUTE AN AGREEMENT WITH DAVID M. GRIFFITH-MAXIMUS TO PROVIDE STATE MANDATED COST REIMBURSEMENT CLAIMING SERVICES FOR THE TOWN OF LOS GATOS. Carried unanimously. ANIMAL LICENSING/HUMANE SOCIETY/RESOLUTION 1998-127 (19.28) Motion by Mrs. Benjamin, seconded by Mr. Hutchins, that Council adopt Resolution 1998-127 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO EXECUTE ANIMAL LICENSING AGREEMENT AMONG THE HUMANE SOCIETY OF SANTA CLARA VALLEY, THE CITY OF MILPITAS, THE CITY OF SANTA CLARA, THE CITY OF SAN JOSE, THE CITY OF CAMPBELL, THE CITY OF CUPERTINO, THE TOWN OF LOS GATOS, THE CITY OF MONTE SERENO, AND THE CITY OF SARATOGA. Carried unanimously. TRACT 9069/FINAL MAP/LARK AVENUE 16673/RESOLUTION 1998-128 (20.25) Motion by Mrs. Benjamin, seconded by Mr. Hutchins, that Council adopt Resolution 1998-128 entitled, RESOLUTION OF THE TOWN OF LOS GATOS APPROVING FINAL MAP OF TRACT 9069 ACCEPTING THE DEDICATIONS AND AUTHORIZING THE MAYOR TO SIGN THE CONTRACT. Carried by a vote of 4 ayes. Mrs. Benjamin voted no as reflected in previous record. FEDERAL AID PROJECTS/DEPART. OF TRANSPORTATION/RESOLUTION 1998-129 (22.40) Motion by Mrs. Benjamin, seconded by Mr. Hutchins, that Council adopt Resolution 1998-129 entitled, RESOLUTION OF THE TOWN OF LOS GATOS RATIFYING THE TOWN MANAGER'S SIGNATURE ON MASTER AGREEMENT WITH CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR FEDERAL-AID PROJECTS. Carried TC:D10:MM080398 Town Council Minutes August 3, 1998 Redevelopment Agency Los Gatos, California unanimously. TC:D10:MM080398 Town Council Minutes August 3, 1998 Redevelopment Agency Los Gatos, California SANTA CRUZ AVE 518/MIXED USE/RESIDENTIAL & RETAIL/RESOLUTION 1998-130 (23.09) Motion by Mrs. Benjamin, seconded by Mr. Hutchins, that Council adopt Resolution 1998-130 entitled, RESOLUTION OF THE TOWN OF LOS GATOS GRANTING AN APPEAL OF A PLANNING COMMISSION DECISION DENYING A REQUEST FOR A CONDITIONAL USE PERMIT AND ARCHITECTURE AND SITE APPLICATION TO DEMOLISH A PRE- 1941 BUILDING AND CONSTRUCT A NEW MIXED-USE BUILDING CONTAINING RETAIL AND RESIDENTIAL USES ON PROPERTY ZONED C-1. Carried by a vote of 3 ayes. Mrs. Benjamin abstained. Mr. Attaway voted no for reasons stated in prior record. VERBAL COMMUNICATIONS Mobile Home Park Conversion: Stephen Carlson, 484 Woodland Ave., #66, questioned the reliability of the Mobile Home Park Conversion Report because the report was written by a former park owner. He asked for a clearer definition of the procedures which will be followed during this conversion. Council advised that staff would work with the mobile home park residents so that they all could have access to the information. HEARINGS SOUTH SANTA CRUZ AVENUE 140/THE TOLL HOUSE/APPEAL (24.09) Mayor Lubeck stated that this was the time and place duly noted for public hearing to consider Consider appeal of a decision of the Planning Commission denying a Planned Development to change the zoning designation from C-2 to C-2 PD to construct a 27 room addition to the Toll House Hotel and an amendment to the Central Business District Streetscape Improvement Guidelines, a) Development Application DEV-97-004, b) Negative Declaration ND-97-0015 No significant environmental impacts have been identified as a result of this project, and a Negative Declaration is recommended. Property Location: 140 S. Santa Cruz Avenue. Property Owner: Los Gatos Venture Ltd. Applicant: Pacific Valley Investments, Inc. Appellant: Wayne Levenfeld The following people from the audience spoke to this issue: Wayne Levenfeld, 14130 Sobey Meadows Court, Saratoga, managing partner of the Toll House Hotel. Noted that he would give the presentation to Council and request that it be sent back to the Planning Commission for Architectural Review and to develop a plan which would work for everyone. He spoke of the reduction from 16 to 10 units; that the view corridors have been opened up; that the project has been moved and additional 55 feet from the neighbors' lot line; that there is less impact to the Meadows' driveway; and the project has sufficient parking for expansion. Dick Stowers, 15495 Los Gatos Blvd, architect for project, submitted a note book of information with the revisions and changes to the project. Denise Carter, 45 Broadway, spoke regarding the noise due to the commercial delivery of trucks; of the parking problem due to the overflow from other businesses and the impact of the new structure; and of the impact to the historic nature of this neighborhood and asked what measures were being taken to protect the historic ambiance. Joanna Snyder, 353 Johnson Ave., spoke in favor of additional hotel space in Town for resident's out of town guests. TC:D10:MM080398 Town Council Minutes August 3, 1998 Redevelopment Agency Los Gatos, California HEARINGS CONTINUED SOUTH SANTA CRUZ AVENUE 140/THE TOLL HOUSE/CONT. Speakers continued: Paul Biber, 84 Broadway, spoke of the business impact and traffic problem at that end of Town, and asked that the appeal be declined. Terry Stimpson, 17 Tait Ave., supported the proposal as a town resident. Sandra Ferris, 18309 Lexington Drive, Monte Sereno, of California Interiors, spoke in favor of the project and its benefit to the downtown. Shirley Hendersen, of the Antiquarium, believes the proposal will be good for business and the community. Tom Mazal, 15 Clifton, off Broadway, is concerned and would like to watch the project and ensure it does not affect the quality of life on Broadway and that the issue of parking impact to the neighborhood be considered. Brian Hinman, 37 Broadway, spoke against the current proposal addressing the mass, traffic, noise, parking, and asked for a decent buffer between the hotel and the adjacent homes. John Richardson, 47 Broadway, would like to see additional work done to the proposal to address the neighbors' concerns. George Victorine, 16099 Redwood Lodge Road, in favor of the project. Paul Tufano, 80 Braodway, asked for denial and more consideration for the neighbors. Peter Carter, Broadway resident, spoke of the commercial growth at this end of town and the impacts it's had on the residential neighborhood. Eric Emmanuel, works for Vasona Systems, and uses the Toll House for meetings and guest rooms. He is in favor of the proposal. Warren Ristow, 85 Broadway, asked that the improvements be made on Santa Cruz Ave. and not in the back where there is an impact on the neighbors. Mr. Leventhold, project manager, concluded his statements, and asked for the appeal to be granted. No one else from the audience addressed this issue. Motion by Mrs. Benjamin, seconded by Mr. Blanton, to close the public hearing. Carried unanimously. Council Comments: Mr. Hutchins asked that the project return to the Planning Commission and for the owners and neighbors continue to work on some compromises. Mr. Attaway considered the original project too massive, but was pleased with the changes that have been made to the plan. He would like the applicant to continue working on the project. Mr. Blanton he would like the visual and auditory impacts minimized for the neighborhood and the project centered toward the commercial district. Mrs. Benjamin would like a balance to the interests of the community; that all partiesfeel comfortable with the project; impacts should be studied further; the traffic and parking issue should be reviewed and parking more vigorously addressed; noise should be considered and efforts made to keep exits and entrances to the front of the property so noise would not impinge on the adgacent residential neighborhoods; the project should be attractive on Santa Cruz for those other neighborhoods that have a full view of this building. TC:D10:MM080398 Town Council Minutes August 3, 1998 Redevelopment Agency Los Gatos, California HEARINGS CONTINUED SOUTH SANTA CRUZ AVENUE 140/THE TOLL HOUSE/CONT. Council Comments continued: Mrs. Lubeck noted the traffic and parking issues in the downtown; addressed the reduction of mass in the new proposal; intrusion into the back parking lot is not acceptable to the neighborhood; noise is an issue and the path that the noise travels in the hillside affects the Broadway and Meadows neighborhoods; agreed to send the proposal back to the Planning Commission. Motion by Mr. Hutchins, seconded by Mr. Blanton, to send this project back to the Planning Commission: that the process of compromise be continued; that the FAR will be considered as a guideline; that the parking requirements will not be reduced; that noise in all its aspects shall be considered; that the design will complement the historic ditrict. Noting that there were issues of policies over which the Commission may not have had descretion. Carried unanimously. WEED ABATEMENT/ASSESSMENTS/RESOLUTION 1998-136/PUBLIC HEARING (25.28) Mayor Lubeck 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 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. No one from the audience addressed this issue. Motion by Mrs. Benjamin, seconded by Mr. Blanton, to close the public hearing. Carried unanimously. Motion by Mrs. Benjamin, seconded by Mr. Attaway, that Council adopt Resolution 1998-136 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 1998-99, however the fees will be discussed at a later date. Carried unanimously. BRUSH ABATEMENT/ASSESSMENTS/RESOLUTION 1998-137/PUBLIC HEARING (26.28) Mayor Lubeck 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 and adopt resolution approving report describing parcels of real property and showing amount of brush abatement charges to be collected on the tax roll of the Town of Los Gatos. No one from the audience addressed this issue. Motion by Mrs. Benjamin, seconded by Mr. Attaway, to close the public hearing. Carried unanimously. TC:D10:MM080398 Town Council Minutes August 3, 1998 Redevelopment Agency Los Gatos, California HEARINGS CONTINUED BRUSH ABATEMENT/RESOLUTION 1998-137/PUBLIC HEARING/CONT . Motion by Mrs. Benjamin, seconded by Mr. Blantony, that Council adopt Resolution 1998-137 entitled, RESOLUTION OF THE TOWN OF LOS GATOS ADOPTING REPORT DESCRIBING PARCELS OF REAL PROPERTY, AND SHOWING AMOUNT OF BRUSH 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 1998-99. Carried unanimously. GENERAL PLAN UPDATE COMMUNITY SURVEY (27.47) Mayor Lubeck stated that this was the time and place duly noted to consider adopting COUNCIL COMMITTEE REPORTS ADJOURNMENT Mayor Lubeck adjourned this evening's meeting at xxx p.m. TC:D10:MM080398 Town Council Minutes August 3, 1998 Redevelopment Agency Los Gatos, California ATTEST: Marian V. Cosgrove Town Clerk TC:D10:MM080398