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M 02-03-97TOWN OF LOS GATOS CALIFORNIA TOWN COUNCIL/PARKING AUTHORITY February 3, 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 7:34 p.m., Monday, February 3, 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 Town Manager, David Knapp, reported that Council had met in Closed Session prior to this evening's meeting pursuant to Government Code Section 54957.6, regarding Conference with Labor Negotiator. The Town Negotiator and Assistant Town Manager, James Piper met and negotiated with Town Employees' Association (TEA), Police Officers' Association (POA), American Federation of State, County and Municipal Employees, Local 101, (AFSCME), and Confidential Employees. Town Negotiator met with Council and received direction as to how to proceed with the labor negotiations. 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 as a desk item and filed. PAYROLL RATIFICATION/JANUARY 1997 (04.V) Motion by Mr. Blanton, seconded by Mr. Attaway, that Council ratify the check register for the payroll of December 29, 1996 through January 11, 1997, paid on January 17, 1997, in the amount of $299,209.84. Carried unanimously. ACCOUNTS PAYABLE/RATIFICATION/JANUARY 1997 (05.V) Motion by Mr. Blanton, seconded by Mr. Attaway, that Council ratify the accompanying check registers for accounts payable invoices paid on January 17 and January 27, 1997 in the amount of $374,152.03. Carried unanimously. TC:D9:MM020397 February 3, 1997 Los Gatos, California MINUTES OF JANUARY 21, 1997 (06.V) Motion by Mr. Blanton, seconded by Mr. Attaway, that Council approve the Minutes of January 21, 1997 as submitted with the desk Item before Council noting correction to page 3. Carried unanimously. CLAIM DENIAL/BRENT VENTURA (08A.01) Motion by Mr. Blanton, seconded by Mr. Attaway, that Council deny the claim of Brent Ventura for alleged damage to personal property occurring on November 29, 1996. Carried unanimously. CLAIM DENIAL/RICHARD CRAWFORD WYCKOFF (08B.01) Motion by Mr. Blanton, seconded by Mr. Attaway, that Council deny the claim of Richard Crawford Wyckoff for alleged wrongful death occurring on July 25, 1996. Carried unanimously. MEMORANDUM OF UNDERSTANDING/MOU/RESOLUTION 1997-10 (09.10) POLICE OFFICERS' ASSOCIATION/POA/BUDGET ADJUSTMENTS Motion by Mr. Blanton, seconded by Mr. Attaway, that Council adopt Resolution 1997-10 entitled, RESOLUTION OF THE TOWN OF LOS GATOS APPROVING MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN THE TOWN OF LOS GATOS AND POLICE OFFICERS' ASSOCIATION (POA), with amendments as appeared in desk item before Council, and authorized related budget adjustments. Carried unanimously. VERBAL COMMUNICATIONS Toll House Expansion Denise Carter, 45 Broadway, objected to the proposed expansion of the Toll House noting the following: Activated car alarms at all hours; Workers parking close to homes leaving at 2 AM; Garbage pickup at 4 AM; Bottles being broken into storage bins; Vacuum cleaners running at 4 AM; Bus motors kept running all night long; Weddings running all night and the party exiting into the Broadway residential area in the early morning hours. She asked that these problems be addressed. Glen Ridge 237 Complaint Gregory Burnett, 235 Glen Ridge, spoke of the project that is not complying with the direction of the Planning Commission's suggestions. He spoke of his appeal to the Planning Commission. Susan Burnett, 85 Ellenwood, was not in favor of the 237 Glen Ridge remodel. Spoke against the height and mass of the building. Kathy Carlquist, 229 Glen Ridge, spoke of the massiveness of the structure when the second story is added. Downtown Parking Structure at Old Town Ken Cannizzaro, 155 Tait Ave., spoke of the cooperative work of the residential and business community in gathering support for the financing of the new parking lot. He noted an open letter to the Council submitted for the record. He spoke of the acquisition of $70,000 in pledges, $300,000 in committed funds and the possibility of a $1,000,000 loan. He asked that Council appropriate funds from the Redevelopment Agency toward the project. Sara Higginbottom, 240 Masso Ave., displayed a map showing the number of donations in the community and where these donations are coming from. TC:D9:MM020397 February 3, 1997 Los Gatos, California VERBAL COMMUNICATIONS CONT. Downtown Parking Structure at Old Town continued Helen Gillespie, 130 Edelen Ave., a member of the Merchants and Residents Committee, spoke in support of the development of 105 new spaces in the Old Town parking structure. Kurt Lemons, 54 N. Santa Cruz Ave., as a businessman in the downtown, spoke of the need for the new 105 spaces and told of the efforts going into this endeavor. Larry Arzie, 18000 Overlook, owner of The Los Gatos Porch, differentiated between parking assessment districts, and actually financing real new parking spaces in this new lot. Rex Morton, 51 University Ave., Ste. I, spoke of financing options; possible bonds; and the need to work on convincing the business community and residents that there is a need for a downtown paid parking plan to help pay for these new spaces and help make a viable base for establishing a secure funding source for developing a realistic downtown parking plan. HEARINGS VALET PARKING/PUBLIC & PRIVATE LOTS/ZONING AMENDMENT A-96-5/HEARING (10.46) Mayor Benjamin stated that this was the time and place duly noted for public hearing to consider amending Town Code Chapter 29, Division 4. PARKING to allow pay and valet parking on public and private lots. 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 California Environmental Quality Act, Zoning Ordinance Amendment A-96-5. Applicant Town of Los Gatos. No one from the audience addressed this issue. Motion by Mr. Blanton, seconded by Mr. Attaway, to table this item and continue for ninety days, to be heard May 5, 1997. Carried unanimously. BELLA VISTA AVENUE 337 & 371/PLANNED DEVELOPMENT/HEARING (11.09) Mayor Benjamin stated that this was the time and place duly noted for public hearing to consider request for approval of a Modification of an approved Planned Development to incorporate a 1.12 acre parcel and to eliminate one lot from the original subdivision, to demolish an existing single family residence and to construct 13 units on the new parcel, on property zoned R-1:8 and RM:5-12-PD. No significant environmental impacts have been identified as a result of this project, a) Development Application DEV-96-5, b) Negative Declaration ND-96-20. Property Location: 337 and 371 Bella Vista Avenue. Property Owner: Cupertino Development Corporation. The following people from the audience spoke to this issue: Roger Griffin, Paragon Design Group, 405 Alberto Way, Ste. A, spoke of the access through adjacent streets on Alberto Way, and the mitigating steps taken for safe ingress and egress. Jim Carlson, 443 Alberto Way, President of Los Gatos Commons Home Owners Association, spoke against the proposed expansion of the project. TC:D9:MM020397 February 3, 1997 Los Gatos, California BELLA VISTA AVENUE PLANNED DEVELOPMENT CONT. Speakers continued: Joyce Roberts-Garbo , 222 Bella Vista, spoke of the traffic on Bella Vista now and does not want to see this project have access roads to Bella Vista. Charles Stetter, 453 Alberto Way, lives in the Commons, and does not want to see any more development on this land. He spoke of continued maintenance of the roads. Danny Mander, 453 Alberto Way, does not want anymore development in this area, until the building in progress is finished and the traffic impact can be assessed. Rick Melzig, 340 Bella Vista, spoke in favor of these condominiums which may be viable living units for young people needing starter homes in Los Gatos. Cassie Niswonger, 453 Alberto Way, spoke against the increased traffic and safety issues. Patricia North, Commons owner, spoke against the increased traffic and the sliding hills. Roger Griffin, followed up his presentation with the mitigating elements in this plan concerning traffic safety on Alberto Way and methods of ingress and egress to the project. Lawrence Guy, Cupertino Development Co., spoke of the traffic mitigation elements in the plan and the obligations concerning maintenance of the roads. No one else 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, to make the Negative Declaration as shown in Exhibit E of Attachment 1. Carried unanimously. Motion by Mr. Hutchins, seconded by Mr. Blanton, to adopt the Mitigating Monitoring Plan as shown in Exhibit D of Attachment 1. Carried unanimously. Motion by Mr. Attaway, seconded by Mr. Blanton, to accept provisions within Council discussion concerning the option that the developer finish the access road at the development's expense, and that the future maintenance of the road be shared between the development and The Commons, and that this be stipulated as a condition. The road would be brought up to specifications at this time, at no cost to The Commons. This would add a finding of community benefit. The project also provides moderately priced housing which adds another community benefit. The findings in the Planning Commission report were also made. Carried unanimously. The Town Clerk read the Title of the Draft Ordinance. Motion by Mrs. Lubeck, seconded by Mr. Hutchins, to waive the reading of the Draft Ordinance. Carried unanimously. Motion by Mr. Blanton, seconded by Mr. Hutchins, that Council introduce Draft Ordinance entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING ORDINANCE 2005 RELATING TO THE DEVELOPMENT OF THE PROPERTY LOCATED AT 337 AND 371 BELLA VISTA WAY. Carried unanimously. (Ordinance will be brought back to Council at the end of the meeting for reintroduction, with the Council provisions included in the appropriate locations.) TC:D9:MM020397 February 3, 1997 Los Gatos, California BELLA VISTA AVENUE PLANNED DEVELOPMENT CONT. Council clarified its motion concerning the addition of the requirement that the development be responsible for the improvement of the emergency access road, at no cost to The Commons, and to help maintain it. Add to condition #16 or #26 in the PD ordinance, "That the developer will be held responsible for reconstructing the remaining portions of the emergency access road that are still going to be emergency access road, at his cost alone". Council directed staff to work on this addition to the ordinance and return it to Council at the end of this meeting. REVISE TOWN STREET NAME LIST/APPROVE CERTAIN STREET NAMES (07.01) Council consensus to keep the Historic Street Naming List, and allow developers to choose from this list or develop an argument for the historic significance of the name they would prefer. Their preference to come before Council for acceptance. Motion by Mrs. Lubeck, seconded by Mr. Hutchins, to approve David Wilson's request to change the name of Arroyo del Rancho to Shannon Oaks Lane, and Lawrence Guy's request for the name Maggi Court. Carried unanimously. UNIVERSITY AVENUE 742/RIDING COMPANY/$20,000 REFUND/RESOLUTION 1997-11 (12.09) Mayor Benjamin stated that this was the time and place duly noted to consider request of Riding Company for refund of $20,000 in planning application fees paid in connection with General Plan GP- 95-1. Zone Change Application Z-95-3. Negative Declaration Application ND-95-6. Planned Development Application for 742 University Avenue, and to consider adopting resolution amending Resolution 1996-67 of the Town of Los Gatos to authorize refund of fees. Lee Bowman, Planning Director, explained that refund of fees had been eliminated in 1990 when Council had determined that application fees should be fully cost recovery. Prior to that time the fees were clearly not cost recovery and were not intended to be cost recovery. In 1981 Council began the implimentation of the cost recovery policy. Once Council made the determination to be cost recovery the acknowledgement of these funds as public funds was made, and the gift of public funds must be considered in refunding fees. Motion by Mr. Hutchins, seconded by Mr. Blanton, that Council adopt Resolution entitled, RESOLUTION OF THE TOWN OF LOS GATOS AMENDING RESOLUTION 1996-67 TO AUTHORIZE REFUND OF FEES. This motion did not pass due to the 4/5ths vote in the resolution. Motion by Mr. Hutchins, seconded by Mr. Blanton, that Council adopt Resolution 1997-11 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AMENDING RESOLUTION 1996-67 TO AUTHORIZE REFUND OF FEES, with the following change in wording: "If the Council determines that a documented error has been made in construing Town policy and that error by the Town directly affected the outcome, it shall have discretion to authorize a partial refund at any time." Carried by a vote of 4 ayes. Mrs. Benjamin voted no because it opens up the possibility to ask for refunds. Carried unanimously. Motion by Mrs. Lubeck, seconded by Mr. Attaway, that Council make the findings consistent with Resolution 1997-11, (just passed) that there is a documented error, and that a refund should be granted to the Riding Company, under "Option 3" in the staff report, of $8,340.24. Carried unanimously. TC:D9:MM020397 February 3, 1997 Los Gatos, California TRANSIENT OCCUPANCY TAXES/BUSINESS LICENSES/PROPOSED ORDINANCE (13.05) Mayor Benjamin stated that this was the time and place duly noted to consider introduction of ordinance that would amend Chapters 3, 4, 14, 18, 25, 28, and 29 to clarify provisions regarding Town Code penalties, to clarify business license regulation, and to impose personal liability for a willful failure to collect or pay over Town transient occupancy taxes. TRANSIENT OCCUPANCY TAXES/CONT. The Town Clerk read the Title of Proposed Ordinance. Motion by Mrs. Lubeck, seconded by Mr. Blanton, to waive the reading of the Proposed Ordinance. Carried unanimously. Motion by Mrs. Lubeck, seconded by Mr. Hutchins, that Council introduce Proposed Ordinance entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING SECTIONS OF CHAPTERS 3, 4, 14, 18, 25, 28 AND 29 TO CLARIFY PROVISIONS REGARDING TOWN CODE PENALTIES, TO CLARIFY BUSINESS LICENSE REGULATIONS, AND TO IMPOSE PERSONAL LIABILITY FOR A WILLFUL FAILURE TO COLLECT OR PAY OVER TOWN TRANSIENT OCCUPANCY TAXES. Carried unanimously. SPEED STUDY 1997/TOWN STREETS/PROPOSED ORDINANCE (14.40) Mayor Benjamin stated that this was the time and place duly noted to consider accepting 1997 Speed Study and introducing ordinance amending Section 15.30.235 of the Town Code establishing speed limits on certain streets. The Town Clerk read the Title of Proposed Ordinance. Motion by Mrs. Lubeck, seconded by Mr. Hutchins, to waive the reading of the Proposed Ordinance. Carried unanimously. Motion by Mrs. Lubeck, seconded by Mr. Hutchins, that Council introduce Proposed Ordinance entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING SECTION 15-30.235 OF THE LOS GATOS TOWN CODE FOR ESTABLISHING SPEED LIMITS ON CERTAIN STREETS, and accept the 1997 Speed Study. Carried unanimously. LOS GATOS BOULEVARD PLAN AND DESIGN STANDARDS/RESOLUTION 1997-12 (15.47) GRAPHICS PREPARATIONS/PAUL RODRIGUES CONSULTANT Motion by Mr. Hutchins, seconded by Mrs. Lubeck,that Council adopt Resolution 1997-12 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO EXECUTE AGREEMENT WITH PAUL RODRIGUES, IN AN AMOUNT NOT TO EXCEED $20,790, TO PREPARE GRAPHICS FOR THE LOS GATOS BOULEVARD PLAN AND DESIGN STANDARDS, and authorize transfer of $20,790 from General Plan Update Account to Planning Department Expenditure Account for graphic consultant. Carried unanimously. TC:D9:MM020397 February 3, 1997 Los Gatos, California BELLA VISTA AVENUE PLANNED DEVELOPMENT/PROPOSED ORDINANCE (11.09) Continued from earlier in the evening: Motion by Mr. Blanton, seconded by Mr. Attaway, that Council introduce Proposed Ordinance entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING ORDINANCE 2005 RELATING TO THE DEVELOPMENT OF THE PROPERTY LOCATED AT 337 AND 371 BELLA VISTA WAY, with the following amendments: Under SECTION V, Item 16, "The owners of the Los Gatos Commons shared responsibility for the maintenance of the emergency access road will be limited to the shorter emergency access road resulting from the construction of Phase One on Part B; Under SECTION V, Item 26, "Reconstruct the emergency access road at no cost to the owners of the Los Gatos Commons, (Part A from Ordinance 1696.) Carried unanimously. COUNCIL REPORTS (16.10) Jan Hutchins reported on his meeting with interested citizens concerned about a theater in Los Gatos. There was no resolution to that meeting. ADJOURNMENT Motion by Mr. Blanton, seconded by Mrs. Lubeck, that this evening's meeting be adjourned at 9:50 p.m. Carried unanimously. ATTEST: Marian V. Cosgrove Town Clerk TC:D9:MM020397