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M 04-15-91TOWN OF LOS GATOS CALIFORNIA TOWN COUNCIL/PARKING AUTHORITY April 15, 1991 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 8:28 p.m., Monday, April 15, 1991, in regular session. ROLL CALL Present:Randy Attaway, Joanne Benjamin, Steven Blanton, Eric D. Carlson and Mayor Brent N. Ventura. Absent:None. PLEDGE OF ALLEGIANCE Given by all in attendance. MOMENT OF SILENCE Mayor Ventura asked that those in the audience give a moment of silence in recognition of our service men, women and civilians in the middle east at this time of crisis. MAYOR'S STATEMENT Mayor Ventura stated that due to a possible conflict of interest he would not be participating in the interviews or appointments to the Redevelopment Advisory Committee. Vice Chairmen Carlson would proceed with the meeting. APPOINTMENTS/REDEVELOPMENT ADVISORY COMMITTEE Ten applications were received from Ellen Graff, Richard Lang, Dan Simons, Parker Stokes, Donald Wolf, Eric Morley, Barbara O'Leary, Cyra Richardson Lorraine West and Randol Mackley for six openings on the Redevelopment Advisory Committee. Interviews were held and Ellen Graff, Richard Lang, Dan Simons, Donald Wolf, and Randol Mackley were appointed to fill the positions representing the downtown business community. Barbara O'Leary was appointed as the residential representative. Council determined that the Clerk would advertise for four more residential representatives to be interviewed June 3, 1991. Terms of new appointees to be determined. TC:D1:MM041591 Motion by Mr. Attaway, seconded by Mr. Blanton to appoint five applicants tonight (all but one that applied had a present business interest in the downtown project area) and to re- advertise for five more applicants to represent the residents of the project area. Carried by a vote of 4 ayes. Mayor Ventura abstained. Motion by Mrs. Benjamin, seconded by Mr. Carlson, to appoint the one applicant who did not have a business interest in the downtown project area at this time and who resided in the area. This allows that only four openings remain to be filled on the Committee. Carried by a vote of 4 ayes. Mayor Ventura abstained. TC:D1:MM041591 April 15, 1991 Los Gatos, California PRESENTATION/OPERATION DESERT SHIELD-DESERT STORM Mayor Ventura accepted the presentation of a plaque honoring the men and women of Los Gatos who served in the Operation Desert Shield-Desert Storm confrontation in the middle east. This presentation was made by the following Los Gatos service clubs and their representatives to the Town of Los Gatos: Los Gatos Kiwanis, Richard Lang; Los Gatos Lions, George Shannon; Los Gatos Optimist Club; and Los Gatos Rotary, Roy Mullins. Mr. Carlson, asked for consensus from Council, that the Town create a recognition plaque from the Town to each of the individuals identified by the Service Clubs now and in the future, including a thank you for their service from the Town. CLOSED SESSION Natalie West, Acting Town Attorney, reported that Council had met in Closed Session prior to this evening's meeting pursuant to Government Code Section 54956.9(a) to discuss Worker's Compensation Claim of Randal Villata. There is no report from that discussion at this time. Pursuant to Government Code Section 54957.6, Council met to discuss Labor Relations. There is no report from that discussion at this time. Pursuant to Government Code Section 54957 a Personnel issue was raised. There is no report. SCHEDULE OF PUBLIC HEARINGS Informational report regarding currently scheduled public hearings was received and filed. PAYROLL/RATIFICATION/MARCH 1991 Motion by Mrs. Benjamin, seconded by Mr. Attaway, that Council ratify the accompanying check registers for payroll of March 17 through March 30, 1991 in the amount of $210,553.59 paid on April 5, 1991. Carried unanimously. ACCOUNTS PAYABLE/RATIFICATION/APRIL 1991 Motion by Mrs. Benjamin, seconded by Mr. Attaway, that Council ratify accompanying check registers for accounts payable invoices in the amount of $408,000.45 paid on April 5 and 12, 1991. Carried unanimously. COUNTY REFERRALS Informational report regarding county referrals was received and filed. TC:D1:MM041591 April 15, 1991 Los Gatos, California CODE COMPLIANCE/QUARTERLY REPORT Informational report from the Code Compliance Officer regarding abatement of code violations was received and filed. NOISE ORDINANCE/FUND TRANSFER Motion by Mrs. Benjamin, seconded by Mr. Attaway, that Council approve the request to disencumber $600.00 from Purchase Order No. 10655 (6/28/90) to increase the current budget in Account 136-6180. Carried unanimously. TC:D1:MM041591 April 15, 1991 Los Gatos, California 8717A PROJECT/UNDERGROUND STORAGE/COMPLETION NOTICE Motion by Mrs. Benjamin, seconded by Mr. Attaway, that Council authorize the Mayor to execute and the Town Clerk to record a Certificate of Acceptance and Notice of Completion for Project 8717A - Underground Storage Tanks. Carried unanimously. PARKING LOTS/TIME LIMIT CHANGES/UNLIMITED AND THREE HOURS Motion by Mrs. Benjamin, seconded by Mr. Attaway, that Council direct staff to authorize expenditures not to exceed $750.00 from the Town Council Budget 010-010-6180 and to install signs to change the parking time limits on certain parking lots as follows: Parking lots 1, 2, and 6 to allow unlimited time parking on the east side and three hour limits on the westerly side. In Parking Lot 13 the easterly half will be changed to three hour parking while the westerly half will become unlimited. Lot 13 is located behind the La Canada Building. Carried unanimously. CAT'S HILL BICYCLE RACE/17TH ANNUAL/MAY 11, 1991 Motion by Mrs. Benjamin, seconded by Mr. Attaway, that Council approve the request by the Los Gatos Bicycle Racing Club to hold the Cat's Hill Bicycle Race on Saturday, May 11, 1991 subject to the conditions listed in the staff report. Carried by a vote of 4 ayes. Mr. Attaway abstained due to a possible conflict of interest. A PLACE FOR TEENS/FUNDING/RESOLUTION 1991-57 Motion by Mrs. Benjamin, seconded by Mr. Attaway, that Council adopt Resolution 1991- 57 entitled, RESOLUTION OF THE TOWN OF LOS GATOS APPROVING FUNDING FOR "A PLACE FOR TEENS", which reflects Council's action of March 18, 1991 approving the staff report with modifications for funding of a structure at New York Avenue to be owned by the Town and used by a "Place For Teens". Carried unanimously. PARKING COMMISSION/COMMENDATION/ANDREA HOLDING/RESOLUTION 1991-58 Motion by Mrs. Benjamin, seconded by Mr. Attaway, that Council adopt Resolution 1991- 58 entitled, RESOLUTION OF THE TOWN OF LOS GATOS COMMENDING ANDREA HOLDING FOR HER SERVICES ON THE PARKING COMMISSION. Carried unanimously. DRIVER'S TRAINING/CALIFORNIA DEPARTMENT OF MOTOR VEHICLES AGREEMENT EMPLOYER STATEMENT PROGRAM AGREEMENT/RESOLUTION 1991-59 Motion by Mrs. Benjamin, seconded by Mr. Attaway, that Council adopt Resolution 1991- 59 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO ENTER INTO AN AGREEMENT WITH THE STATE OF CALIFORNIA DEPARTMENT OF MOTOR VEHICLES FOR IMPLEMENTATION OF AN "EMPLOYER STATEMENT PROGRAM", which allows the DMV to accept certificates of driving TC:D1:MM041591 April 15, 1991 Los Gatos, California experience and/or training issued by the Town in lieu of driving tests on Class A or Class B License applications when the applicant is employed by the Town and the applicant has met the other requirements for the license for which he or she is applying. Carried unanimously. TC:D1:MM041591 April 15, 1991 Los Gatos, California DRIVER SAFETY/CALIFORNIA DEPARTMENT OF MOTOR VEHICLES AGREEMENT EMPLOYER PULL NOTICE PROGRAM/RESOLUTION 1991-60 Motion by Mrs. Benjamin, seconded by Mr. Attaway, that Council adopt Resolution 1991- 60 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO ENTER INTO AN AGREEMENT WITH THE STATE OF CALIFORNIA DEPARTMENT OF MOTOR VEHICLES FOR IMPLEMENTATION OF AN "EMPLOYER PULL NOTICE PROGRAM", which provides employers and regulatory agencies with a means of promoting driver safety through ongoing review of the driving records of commercial drivers and which is required by law for holders of a Class A or B license. Carried unanimously. JOHNSON HOLLOW ROAD 101, 105, 109/STORM DRAIN VACATION/RESOLUTION 1991- 61 Motion by Mrs. Benjamin, seconded by Mr. Attaway, that Council adopt Resolution 1991- 61 entitled, RESOLUTION OF THE TOWN OF LOS GATOS WITH THE INTENTION TO VACATE A STORM DRAINAGE EASEMENT LOCATED AT 101, 105 AND 109 JOHNSON HOLLOW. Carried by a vote of 4 ayes. Mr. Ventura abstained. CARLTON AVE 109/METZLER/BUSINESS LICENSE/PENALTY FEES/RESOLUTION 1991-62 Motion by Mrs. Benjamin, seconded by Mr. Attaway, that Council adopt Resolution 1991- 62 entitled, RESOLUTION OF THE TOWN OF LOS GATOS DENYING APPEAL OF LICENSEE REGARDING PENALTY FEES IMPOSED UPON BUSINESS LICENSE FOR APARTMENTS (109 CARLTON AVE/ALBERT AND BARBARA METZLER), which incorporates the Town Council findings and decision at its meeting of April 1, 1991. Carried by a vote of 3 ayes. Mrs. Benjamin and Mr. Carlson abstained due to previous absence. POLLARD ROAD 800/ARCHDEACON/BUSINESS LICENSE PENALTY/RESOLUTION 1991-63 Motion by Mrs. Benjamin, seconded by Mr. Attaway, that Council adopt Resolution 1991- 63 entitled, RESOLUTION OF THE TOWN OF LOS GATOS DENYING APPEAL OF LICENSEE REGARDING PENALTY FEES IMPOSED UPON BUSINESS LICENSE (800 POLLARD ROAD/JOHN ARCHDEACON, M.D.), which incorporates the Town Council findings and decision at its meeting of April 1, 1991. Carried by a vote of 3 ayes. Mrs. Benjamin and Mr. Carlson abstained due to previous absence. ROBERTS ROAD W 47/DEE PIEF/EARTHQUAKE DAMAGE/RESOLUTION 1991-64 Motion by Mrs. Benjamin, seconded by Mr. Attaway, that Council adopt Resolution 1991- 64 entitled, RESOLUTION OF THE TOWN OF LOS GATOS DENYING APPEAL OF DIRECTOR OF BUILDING SERVICES' DECISION TO DENY FEE WAIVER FOR CHIMNEY AND FIREPLACE CONSTRUCTION NEEDED DUE TO EARTHQUAKE DAMAGE (47 W. ROBERTS ROAD/JULENE DEE PIEF), which incorporates the Town Council findings at its meeting of April 1, 1991. Carried by a vote of 3 ayes. Mrs. Benjamin and Mr. Carlson TC:D1:MM041591 April 15, 1991 Los Gatos, California abstained due to previous absence. DOWNTOWN CENTRAL BUSINESS DISTRICT/COMMERCIAL LANDMARK AND HISTORIC PRESERVATION OVERLAY ZONE/ORDINANCES 1843 AND 1844 Motion by Mrs. Benjamin, seconded by Mr. Attaway, that Council adopt Ordinance 1843 entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONING ORDINANCE AFFECTING ZONE CHANGE NO. 84 FORM C-2 AND C-2-LHP TO C-2- LHP (LOS GATOS HISTORIC COMMERCIAL DISTRICT), introduced at Council meeting of April 1, 1991. Carried by 3 ayes. Mrs. Benjamin and Mr. Carlson abstained due to previous absence. TC:D1:MM041591 April 15, 1991 Los Gatos, California BUSINESS DISTRICT CONT. Motion by Mrs. Benjamin, seconded by Mr. Attaway, that Council adopt Ordinance 1844 entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONING ORDINANCE AFFECTING ZONE CHANGE NO. 72 FORM R-1D, RM:5-12, C-2, AND O TO R-1D-LHP, RM:5-12-LHP, C-2-LHP AND O-LHP (UNIVERSITY/EDELEN HISTORIC DISTRICT), which was introduced at the Town Council meeting April 1, 1991. Carried by a vote of 3 ayes. Mrs. Benjamin and Mr. Carlson abstained due to previous absence. SHANNON ROAD 14615/TRACT 8400/AZAR/OPEN SPACE MAINTENANCE DISTRICT ORDINANCE 1845 Motion by Mrs. Benjamin, seconded by Mr. Attaway, that Council adopt Ordinance 1845 entitled, ORDINANCE OF THE TOWN OF LOS GATOS FIXING AND ESTABLISHING BOUNDARIES AND DECLARING FORMATION OF AN OPEN SPACE MAINTENANCE ASSESSMENT DISTRICT WITHIN THE BOUNDS OF TRACT 8400, SANTA ROSA HEIGHTS SUBDIVISION, LOCATED AT 14615 SHANNON ROAD, which was introduced at the Town Council meeting April 1, 1991. Carried by a vote of 3 ayes. Mrs. Benjamin and Mr. Carlson abstained due to previous absence. HEARINGS PROPERTY NORTH OF SARATOGA AVE/NON CONFORMING/HEARING Mayor Ventura stated that this was the time and place duly noted for public hearing to consider report on the expiration of Interim Urgency Zoning Ordinance 1804 delaying the abatement of non-residential properties in the downtown specific plan area located west of State Route 17 between Saratoga Avenue and Blossom Hill Road that are nonconforming as to parking. There was no one from the audience to address this issue. Motion by Mr. Carlson, seconded by Mrs. Benjamin to close this public hearing. Carried unanimously. Motion by Mr. Carlson, seconded by Mrs. Benjamin, that Council require all property owners whose properties were affected by Interim Urgency Zoning Ordinance 1804 and are currently unlawful as to parking must provide the required number of parking spaces on-site as required by ordinance. If the required number of spaces cannot be provided, then a number of spaces that can reasonably function must be provided. This shall be accomplished by either Architecture and Site approval for new parking lots, or a Parking Lot Permit for the modification of an existing parking lot. Carried unanimously. TC:D1:MM041591 April 15, 1991 Los Gatos, California Motion by Mr. Carlson, seconded by Mr. Blanton, that Council direct staff to initiate Zoning Ordinance Amendment that would allow uses that are nonconforming as to parking to continue operating under a nonconforming status and allowing design changes as long as parking and traffic are not increased and the change does not increase floor area ratio. Motion failed two ayes to three nays. Mr. Carlson and Mr. Blanton voted yes. Mr. Attaway, Mrs. Benjamin and Mayor Ventura voted no. TC:D1:MM041591 April 15, 1991 Los Gatos, California HEARINGS CONTINUED PROPERTY NORTH OF SARATOGA CONT. Motion by Mr. Carlson, seconded by Mrs. Benjamin, that Council direct staff to initiate Zoning Ordinance Amendment that would allow uses that are nonconforming as to parking to continue operating under a nonconforming status while prohibiting any intensification or improvement to the property, other than normal maintenance, that would contribute to the perpetuation of the nonconforming use. Carried unanimously. Motion by Mr. Carlson, seconded by Mrs. Benjamin, that Council require the property at 577 University Avenue (Los Gatos Tire Service) and the properties at 551/553 N. Santa Cruz Avenue (Laleh's Deli and Party Place) should be required to merge their respective properties with adjacent vacant lots that are under common ownership, to provide adequate on-site parking. Carried unanimously. Motion by Mr. Carlson, seconded by Mr. Blanton, that Council require any property owner who refuses to add parking where parking can be added will have their property determined unlawful and the business(es) will be required to discontinue operation. Carried unanimously. Motion by Mr. Carlson, seconded by Mrs. Benjamin, that Council send the issue of in-lieu- fees; what we would do with the money; and who exactly we would charge the in-lieu-fees, back to the Parking Commission for further study. Carried unanimously. CERRO VISTA DRIVE 16075/SINGLE FAMILY HR-2 1/2/BALABAN/APPEAL/HEARING Mayor Ventura stated that this was the time and place duly noted for public hearing to consider an appeal of the Planning Commission's decision to deny a request for approval of plans for the construction of a single family residence in the HR-2½ zone. Property: 16075 Cerro Vista Drive. Owner: Jason and Michele Balaban. Appellant: Mark Fredkin. The following people from the audience spoke to this issue: Michele Balaban, 1147 Mockingbird Hill Way, owner of 16075 Cerro Vista Drive, requested approval of Council for the house plans being appealed. Richard Tapp, architect with Team 7, representing the Balaban's, presented the plans under appeal, and stated that the Planning Commission had erred by not being consistent and allowing thirty foot high structures and denying the project's twenty five to fifteen foot structure. this project does not have more square footage than others in the neighborhood. There is another home recently built with more square footage than this plan. Stated clients were not given sufficient specifics regarding the Hillside Development Plan. TC:D1:MM041591 April 15, 1991 Los Gatos, California Mark Fredkin, 99 Almaden Blvd., representing the Balabans, requested specific direction for height and square footage of project, and the relation of the request in respect to the market value of the lot in consideration of what is allowed and not allowed to be built on it. Speaker, 120 Hill Top Drive, read the letter from Bob Rice, 150 Wooded View Dr., into the record which expressed reasons for denial of project. TC:D1:MM041591 April 15, 1991 Los Gatos, California HEARINGS CONTINUED CERRO VISTA DRIVE CONT. Blasius Brezoczky, 6886 Eldridge Drive, San Jose, is the owner of lot #4 in the subdivision and opposes mega building in this area. The ridge line plan was always to have tree plantings and this particular lot had been considered un-buildable in the past due to size, shape and steepness. Cindy Shanker, 15949 Cerro Vista Crt., is not in favor of uncontrolled growth but feels that the Balabans home would fit into the neighborhood the way it is proposed. Jason Balaban, 1147 Mockingbird Way, stated that the Planning Commission had erred for the following reasons: by applying different standards to this project; by being unfair in requirements for the projects in this development; this project has complied with previous requirements of 30 feet by being at 25 feet, 15 feet and two stories; applicant feels he has complied with previous standards and Planning Commission has used other standards. Applicant requested specifics to work with. Linda Armstrong, 175 Wooded View Drive, is concerned about the impact of this project on the ridge line. David Bridenthal, 210 Wooded View Drive, is concerned about the skylight being louvered so that the light at night will not block out other resident's view of the valley. Janet Foss, 140 Wooded View, requested careful consideration of tree removal on this lot. No one else from the audience addressed this issue. Motion by Mr. Blanton, seconded by Mrs. Benjamin, to close the public hearing. Carried unanimously. Motion by Mr. Carlson, seconded by Mr. Attaway, that Council deny the appeal, and uphold the Planning Commission's decision to deny Architecture and Site Application S-90- 64 and to send this issue back to the DRC with the comment that visibility is the primary concern to be addressed both from Wooded View and the valley floor perspective. Carried unanimously. KENNEDY ROAD 16221/AMENDMENT GENERAL PLAN/HILLSIDE SPECIFIC PLAN ROBERT WEIR/HEARING/RESOLUTIONS 1991-65 AND 1991-66 Mayor Ventura stated that this was the time and place duly noted for public hearing to consider adoption of resolutions and introduction of ordinance amending the Town's General Plan and Hillside Specific Plan and a change of zone from RC (Resource Conservation) to HR 1 and/or HR-2½ for approximately 18 acres of property and a four lot subdivision of this property (ND-90-5, Z-90-2, M-90-0, GP-90-6 and GP-90-7). Property: 16221 Kennedy Road. Property Owner: Robert Weir. TC:D1:MM041591 April 15, 1991 Los Gatos, California Lee Bowman answered Council's questions as follows: Recommendation from the Planning Commission was for HR-1 Zoning; Planning Commission did not and can not make any restrictions on the designated remainder parcel; Council does not have to address designated remainder tonight; Planning Commission or Council could require the project to come in under a Planned Development which could be a phased P. D. and which could affect the remainder; The only restriction would be the zoning that's placed on the property. Any further action on the property would have to come back before the Planning Commission. TC:D1:MM041591 April 15, 1991 Los Gatos, California HEARINGS CONTINUED KENNEDY ROAD CONT. The following people from the audience spoke to this issue: John Lien, 196 College Ave., architect for the project, submitted maps to Council and staff describing the project and showing a slide presentation. Asked for negative declaration, one acre zoning, subdivision approval. Robert Weir, owner of the property, introduced himself to the Council and stated that he was willing to enter into a contract with the Town regarding the use and restrictions of the designated remainder for public purpose. Tom Liolios, 167 Teresita Way, has reviewed proposal and submitted feedback from the neighborhood of which 85% signed the submitted petition. There were 40 people in the audience of the 121 signatures collected. This representative group has requested a Planned Development with phased construction on the property. He spoke regarding the need to control increasing traffic, compatible house size, urban forest and dedicated open space. John Havens, 136 Clover Way, feels that the only way to control density in that area would be with HR-2½ zoning, and would like to see the control of a P.D. development. Alex Ziegler, 16200 Brooke Acres Drive, addressed the water problem on this property including the springs on the land and the flooding in rainy season. Photographs expressing these conditions were distributed to Council. Susan Flach, 102 Leotar Court, is in favor of HR-1 zoning for project. Bob Wenzel, owns flag lot on map and does not want to see PD zoning. Dennis Osten, 14333 Saratoga Ave., is in favor of the proposal as it has been submitted. Sherman Naymark, 218 Forrester Road, was in favor of Planned Development. Ken Haughton, 16200 Kennedy, is in support of the proposed subdivision and the HR-1 zoning. Phyllis Weber, 16140 Kennedy Road, did not sign the petition. Does not want to see more than eight homes on the property and supports the project as it's submitted. Abra Edelman, 16170 Kennedy Road, would like to see a Planned Development on the property with something in between HR-1 and HR-2½. Lin Wu, 16236 Brooke Acres Court, favors the Planned Development concept. John Lien, in closing states need for cooperation between the developer, the Town and the neighborhood. No one else from the audience addressed this issue. Motion by Mr. Blanton, seconded by Mrs. Benjamin, to close the public hearing. Carried unanimously. Motion by Mrs. Benjamin, seconded by Mr. Attaway, that Council make a Negative TC:D1:MM041591 April 15, 1991 Los Gatos, California Declaration. Carried unanimously. Motion by Mrs. Benjamin, seconded by Mr. Carlson, that Council find that the General Plan Amendment is consistent with the various elements of the General Plan. Carried unanimously. Motion by Mrs. Benjamin, seconded by Mr. Carlson, that Council adopt Resolution 1991- 65 entitled, RESOLUTION OF THE TOWN OF LOS GATOS CONCERNING AMENDMENTS TO THE GENERAL PLAN REGARDING CHANGE OF LAND USE FOR 16221 KENNEDY ROAD. Carried unanimously. TC:D1:MM041591 April 15, 1991 Los Gatos, California HEARINGS CONTINUED KENNEDY ROAD CONT. Motion by Mrs. Benjamin, seconded by Mr. Attaway, that Council find that the Hillside Specific Plan amendment meets the requirements of the Specific Plan and is consistent with the General Plan which also includes the developing of this property as a Planned Development. Carried unanimously. Motion by Mr. Carlson, seconded by Mrs. Benjamin, that Council adopt Resolution 1991- 66 entitled, RESOLUTION OF THE TOWN OF LOS GATOS CONCERNING AMENDMENTS TO THE HILLSIDE SPECIFIC PLAN REGARDING CHANGE OF LAND USE FOR 16221 KENNEDY ROAD, which incorporates the following amendment: "as specified, this parcel be considered all at once under a Planned Development". Carried unanimously. Motion by Mrs. Benjamin, seconded by Mr. Carlson, that Council return the Zone Change to the Design Review Committee and Planning Commission recommending that it be converted to a Planned Development application and applicant pay the additional fees. Carried unanimously. Motion by Mr. Blanton, seconded by Mr. Carlson, that Council deny the submitted subdivision map. Based on the testimony received tonight Council cannot make the required findings nor grant the subdivision. Carried unanimously. Mayor Ventura states for the audience that Council has sent this project back to the Development Review Committee where initial applications are reviewed. Council has stated that the entire parcel must come in and be treated like a planned development and the density range will not exceed one unit per acre and can be less than that. All other issues will be reserved; an environmental impact report is not required at this time for this application, but a focused or supplemental EIR could be required if issues arise during the review process that indicate one may be necessary; density, and specific zoning will be determined as the project proceeds through the DRC. Motion by Mr. Carlson, seconded by Mr. Attaway, that Council consider HR-1 PD for the project. (This is not a committment to the maximum 15 lots, however the Council considers HR-2½, density of seven, too restrictive.) Carried unanimously. MASSOL 225/SKUSE/BUSINESS LICENSE PENALTY/APPEAL/HEARING Mayor Ventura stated that this was the time and place duly noted for public hearing to TC:D1:MM041591 April 15, 1991 Los Gatos, California consider an appeal by licensee regarding penalty fees imposed upon business licence. Business Property: 225 Massol Avenue. Owner: Robert C. Skuse. There was no one in the audience to address this issue. Motion by Mr. Carlson, seconded by Mr. Blanton, to close the public hearing. Carried unanimously. TC:D1:MM041591 April 15, 1991 Los Gatos, California HEARINGS CONTINUED MASSOL CONT. Motion by Mr. Carlson, seconded by Mr. Blanton, that Council deny the request for waiver of Business License Penalty Fee, citing consistency with all past actions of Council concerning this subject and to ask the Town Attorney to prepare the appropriate resolution. Carried unanimously. HANDICAPPED ACCESSIBILITY/AMENDMENTS/ZONING ORDINANCE/A-91-1/HEARING Mayor Ventura stated that this was the time and place duly noted for public hearing to consider adoption of resolution and introduction of ordinance amending the zoning ordinance concerning handicapped accessibility and adaptability requirements (A-91-1). Applicant: Town of Los Gatos The following person addressed Council concerning this issue. Jim Lewis, 156 Vista Del Monte, spoke regarding the good record Los Gatos had in implementing handicapped accessibility in Town and requested more time to review the present Ordinance. The title of the ordinance to read, "An Ordinance Amendment of the Town of Los Gatos Amending the Zoning Ordinance Concerning Adaptability Accessibility Requirements for New Developments to Accommodate Persons with Physical Disabilities." There was no one else to address the Council on this issue. Motion by Mrs. Benjamin, seconded by Mr. Blanton, to delete #2,"Lever door handles shall be provided...." and amend #5 to read, "All passage doors shall be at least 32-inches wide on the accessible level". Carried unanimously. Motion by Mr. Carlson, seconded by Mayor Ventura, to amend #8 to include plumbing, and sufficient space for the adaptability of a handicapped accessible shower. Accepted by consensus. Motion by Mr. Carlson, seconded by Mrs. Benjamin, to adopt the wording changes in the draft ordinance as suggested in desk item submitted by Mr. Lewis regarding Handicapped Accessibility Carried unanimously. Motion by Mr. Carlson, seconded by Mr. Blanton, that Council continue this public hearing to April 29, 1991 when there will be more time to address Mr. Lewis' concerns since it is past midnight and there are still several items of business to be heard on tonight's agenda. Carried unanimously. PAST MIDNIGHT TC:D1:MM041591 April 15, 1991 Los Gatos, California Motion by Mr. Blanton, seconded by Mr. Attaway, that Council continue this meeting past midnight. Carried by a vote of 4 ayes. Mr. Carlson voted no. DEFINITION/AMENDMENT/DESTROY/SECTION 2.00.158/HEARING Mayor Ventura stated that this was the time and place duly noted for public hearing to consider introduction of ordinance amending the Town Zoning Ordinance to renumber Section 2.00.157 titled DESTROY in the Definitions section to Section 2.00.158. TC:D1:MM041591 April 15, 1991 Los Gatos, California HEARINGS CONTINUED DESTROY CONT. There was no one in the audience to address this issue. Motion by Mr. Carlson, seconded by Mrs. Benjamin, that Council close the public hearing. Carried by a vote of 4 ayes. Mr. Blanton absent. Motion by Mr. Carlson, seconded by Mrs. Benjamin, to waive the reading of the draft ordinance. Carried by a vote of 4 ayes. Mr. Blanton absent. Motion by Mr. Carlson, seconded by Mrs. Benjamin, that Council introduce Draft Ordinance entitled, AN ORDINANCE OF THE TOWN OF LOS GATOS TO RENUMBER SECTION 2.00.157 OF THE LOS GATOS ZONING ORDINANCE. Carried by a vote of 4 ayes. Mr. Blanton absent. NEW YORK AVENUE/HISTORIC PRESERVATION OVERLAY ZONE/HD-90-1A/HEARING Mayor Ventura stated that this was the time and place duly noted for public hearing to reconsider introduction of ordinance removing a Landmark and Historic Preservation Overlay Zone previously established for this property located at the westerly terminus of New York Avenue. Property Owner: Town of Los Gatos. There was no one in the audience to address this issue. Motion by Mr. Carlson, seconded by Mrs. Benjamin, that Council close the public hearing. Carried by a vote of 4 ayes. Mr. Blanton absent. Motion by Mr. Carlson, seconded by Mrs. Benjamin, that Council find that the zone change is consistent with the General Plan and the Downtown Specific Plan as given in the staff report. Carried by a vote of 4 ayes. Mr. Blanton absent. Motion by Mr. Carlson, seconded by Mrs. Benjamin, to waive the reading of the draft ordinance. Carried by a vote of 4 ayes. Mr. Blanton absent. Motion by Mr. Carlson, seconded by Mrs. Benjamin, that Council introduce Draft Ordinance entitled, AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONING MAP NO. 139 FROM RC-LHP TO RC FOR THE PROPERTY LOCATED AT NEW YORK AVENUE. Carried by a vote of 4 ayes. Mr. Blanton absent. Motion by Mr. Carlson, seconded by Mrs. Benjamin, that Council rescind Historic Designation HD-90-1 which is Ordinance 1813. Carried by a vote of 4 ayes. Mr. Blanton TC:D1:MM041591 April 15, 1991 Los Gatos, California absent. NATIONAL 15400/BEDNARZ/FISCHER/SANNER/APPEAL/HEARING Mayor Ventura stated that this was the time and place duly noted for public hearing to consider an appeal of the Planning Commission decision to approve Architecture and Site Application S-67-58A requesting approval to demolish an existing convalescent facility and to construct a new medical and general office use building on property in the "O" (Office) zone. Property: 15400 National Avenue. Property owner: Zennie Gonzalez. Applicants: Drs. Henehan, Jeter, Trieb and Gardner. Appellants: Ludwik M. Bednarz, Sara Fischer and Lee Sanner. TC:D1:MM041591 April 15, 1991 Los Gatos, California HEARINGS CONTINUED NATIONAL CONT. The following people from the audience spoke to this issue: Ludwik Bednarz, 311 Desoto Drive, President of the Cordova Woods Assoc., spoke against this project and the traffic generation and submitted yellow pages from the telephone book to show the number of physicians already in Town. Michael Henehan, applicant for project, addressed the issues of traffic and parking associated with his proposal. Mr. Fisher, Sara Fisher's son, resident of National Ave., finds entrance and exit unsafe due to traffic increase. No one else from the audience addressed this issue. Motion by Mr. Attaway, seconded by Mr. Blanton, to close the public hearing. Carried unanimously. Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council approve the Architecture and Site Application S-90-64 with modification of the driveways. The driveway closest to Desoto Drive be the entrance and the exit ( first choice would be from the neighbors exit driveway on Los Gatos-Almaden Road although this cannot be required) would be parallel to the exit of the neighbors next door driveway. The proposal is for one entrance off of National Avenue and the exit will be shared with the office next door or with the hospital such as the applicant can work out. Carried by a vote of 3 ayes. Mr. Carlson voted no due to issues of traffic as stated in previous record. Mayor Ventura voted no due to lack of restrictions placed on the development. MARIA'S BERRY FARM/TRAFFIC AUTHORITY AGREEMENT/RESOLUTION 1991-67 HISTORIC MITIGATION OF BUILDING AND TOWER(two items considered at one time) Motion by Mr. Carlson, seconded by Mayor Ventura, that Council adopt Resolution 1991- 67 entitled, RESOLUTION OF THE TOWN OF LOS GATOS TO ENTER INTO AN AGREEMENT WITH THE SANTA CLARA COUNTY TRAFFIC AUTHORITY FOR HISTORIC MITIGATION OF MARIA'S BERRY FARM AND WATER TOWER. Carried unanimously. Motion by Mr. Carlson, seconded by Mayor Ventura, that Council use the funds received ($360,000) according to the estimates received by staff and the review committee, to move forward as far as possible with the restoration of the farm building and tower, by moving them to the Town's corporation yard, restoring the foundation, roof, structural integrity and as much of the interior that funds allow. Time and funds to make the building usable in the future, with strong statement from Council that the community will find a way to be actively TC:D1:MM041591 April 15, 1991 Los Gatos, California involved in the restoration. Carried by a vote of 4 ayes. Mr. Attaway voted no due to fiscal accountability and the severe economic restraints involved. The following people from the audience spoke to this issue: Laura Taylor-Moore, 14 N. Santa Cruz Ave., presented a bid for the moving of the farm house and tower for $57,670 from Charles Kelly, and requested Council's consideration of still saving the historic structures. Mardi Bennett, 38 Alpine Ave., explained that "Kelly Movers" had waited until 12 a.m. to speak to Council and address how the building could be moved for $150,000. TC:D1:MM041591 April 15, 1991 Los Gatos, California SCULPTURE/ZIEMELIS/ACCEPTANCE BY TOWN Motion by Mr. Carlson, seconded by Mrs. Benjamin, to continue this item to May 6, 1991, at which time the Arts Commission will report to Council as to whether the sculpture has been accepted as a gift or a loan. Carried by a vote of 3 ayes. Mr. Attaway and Mayor Ventura abstained. The following people from the audience spoke to this issue: Helen Oliver, Arts Commissioner, was on the committee that did approve the acceptance of the sculpture. Minty Brown, Arts Commissioner, explained the selection process used for accepting the sculpture in question. Don Borcea, agent for the artist, Eric Ziemelis, spoke about the work and his desire to see the piece situated in Los Gatos and to see more art displayed in this community. John Spaur, Nino Court, reported that he had seen the piece and found it pleasing and well executed, and he expressed one of the Commission's viewpoints of not accepting an artist's work without payment to the artist as being a possible reason for non acceptance. Ann Lamborn, explained the Public Art Selection Sub-Committee process and how this process proceeded and how the selection was made. ROUTE 85/POLLARD ROAD/LANDSCAPING Consensus of Council to continue this item to next Monday, April 22, 1991. PARKING CONTROL VEHICLES/ACQUISITION Consensus of Council to continue this item to next Monday, April 22, 1991. CONGESTION MANAGEMENT/SANTA CLARA COUNTY/JOINT POWERS AGREEMENT Consensus of Council to continue this item to next Monday, April 22, 1991. MINUTES OF APRIL 8, 1991 Consensus of Council to continue this item to next Monday, April 22, 1991. CODE ENFORCEMENT/REFERRALS TO TOWN ATTORNEY Consensus of Council to continue this item to next Monday, April 22, 1991. MEETING SCHEDULE/TOWN COUNCIL/REVISION Consensus of Council to continue this item to next Monday, April 22, 1991. ADJOURNMENT Motion by Mr. Carlson, seconded by Mrs. Benjamin, to adjourn this meeting at 1:55 a.m., Tuesday, April 16, 1991 and to reconvene at 7:00 p.m. on Monday, April 22, 1991, in Closed Session. Carried unanimously. TC:D1:MM041591 April 15, 1991 Los Gatos, California ATTEST: Marian V. Cosgrove Town Clerk TC:D1:MM041591