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M 07-01-91TOWN OF LOS GATOS CALIFORNIA TOWN COUNCIL/PARKING AUTHORITY JULY 1, 1991 Minutes TOWN COUNCIL The Town Council/Parking Authority/Redevelopment of the Town of Los Gatos met in the Council Chambers of the Town Hall, 110 East Main Street, at 7:55 p.m., Monday, July 1, 1991, in regular session. ROLL CALL Present:Randy Attaway, Joanne Benjamin, Eric D. Carlson, Mayor Brent N. Ventura Absent:Steven Blanton arrived at 8:32 p.m. PLEDGE OF ALLEGIANCE Given by all in attendance. ARTS COMMISSION/APPOINTMENTS Mayor Ventura announced that applications had been received for three vacancies on the Arts Commission, Voting was held and Megan Davidson, Fawn Powers and Curtis Walton were appointed to the Arts Commission. Ms. Davidson was reappointed to a full term expiring July 1, 1994. Ms. Powers and Mr. Walton will draw for the remaining terms. COUNCIL ON AGING COMMISSION/APPOINTMENT Mayor Ventura announced that an application had been received for one vacancy for the opening on the Council on Aging Commission. Betty Nash was not present for the interview, Motion by Mrs. Benjamin, seconded by Mr. Attaway that the matter be continued until Mrs. Nash was available for an interview. Carried with 4 ayes. Mr. Blanton absent. PRESENTATIONS/COMMENDATION/SERVICE DURING MIDDLE EAST CRISIS Mayor Ventura made presentations to CW04 Jim Burgard and SPC2 Jerome Mercer for their dedicated service during Operation Desert Shield and Operation Desert Storm. PRESENTATIONS/COUNTY OF SANTA CLARA/TRAFFIC AUTHORITY Will Kempton, Executive Director, Traffic Authority, County of Santa Clara gave a brief update on the 1991 Strategic Plan Process. The Traffic Authority is again engaging in the process of making decisions regarding Route 85 due to reduction in Sales Tax Revenues. On June 13, 1991, the Traffic Authority did approve a draft Strategic Plan which incorporates information relative to the problems that are being faced. They currently project that there TC:D1:MM070191 will be a shortfall in the Measure A program for the initial plan, and projects which they had hoped to fund with the Measure A sales tax revenues. Due to the reduction in sales tax revenues and the loss in interest earnings on investments due to the economy is impacting the Traffic Authority by approximately $50 million dollars. That and other minor factors have contributed to the shortfall that was unexpected. Mr. Kempton continued his comments by outlining that they will continue to obtain every available State source and will continue their work with Congressman Mineta, and others, as the Federal Transportation Reauthorization Bill is being developed. TC:D1:MM070191 July 1, 1991 Los Gatos, California TRAFFIC AUTHORITY CONT Mr. Kempton stated that "Main Light 85" other than the scheduling impact will be unaffected, there will be other project work that will be considered for delay, most of those improvements will be in the Route 237 Corridor. Mr. Kempton indicated that the Policy Advisory Board will make recommendations to the Traffic Authority in September and they hope to have an indication of where they will be at that time. Mr. Carlson questioned if the proposed cutback from 6 lanes to 4 lanes on part of Route 85 was still part of the plan. Mr. Kempton responded, No. That was an option, but it was decided that everything but the Route 101 project be on the table for consideration. Mr. Carlson commented that there were no plans to cut back on the Landscaping or Mitigation, was that still the case? Mr. Kempton stated that yes, that was still the case. Staff had taken the Authorities direction very seriously and in the past the Authority has made it very clear that they do not wish to reduce Mitigation for the program. PROJECT 8805/LOT NO. 15 PARKING STRUCTURE/AWARD OF BID Motion by Mrs. Benjamin, seconded by Mr. Attaway, that Council award bid to B & B Concrete Construction. Carried by a vote of 3 ayes, Mayor Ventura voted no, Mr. Blanton absent. Mayor Ventura indicated he could not support the motion because he was troubled by the expenditure of funds when the Town is trying to get Parking Lot 4 operating. SCHEDULE OF PUBLIC HEARINGS Motion by Mrs. Benjamin, seconded by Mr. Attaway, to accept an informational report regarding currently scheduled public hearings be received and filed. Carried unanimously with 4 ayes, Mr. Blanton absent. PLANNING COMMISSION/PLANNING DEPARTMENT MONTHLY STATUS REPORT Motion by Mrs. Benjamin, seconded by Mr. Attaway, to accept an informational report regarding activity of Planning Commission and Department be received and filed. Carried with 4 ayes, Mr. Blanton absent. COUNCIL CALENDAR OF MEETINGS Motion by Mrs. Benjamin, seconded by Mr. Attaway, to accept an informational item presenting future Town Meetings for Council and other Town Boards and Commissions be received and filed. Carried with 4 ayes, Mr. Blanton absent. PAYROLL/RATIFICATION/JUNE 1991 Motion by Mrs. Benjamin, seconded by Mr. Attaway, that Council ratify the accompanying TC:D1:MM070191 July 1, 1991 Los Gatos, California check registers for payroll of May 26, 1991 through June 8, 1991 in the amount of $216,314.94 paid on June 14, 1991. Carried with 4 ayes. Mr. Blanton absent. ACCOUNTS PAYABLE/RATIFICATION/JUNE 1991 Motion by Mrs. Benjamin, seconded by Mr. Attaway, that Council ratify accompanying check registers for accounts payable invoices in the amount of $203,933.86 paid on June 21, 1991. Carried with 4 ayes, Mr. Blanton absent. TC:D1:MM070191 July 1, 1991 Los Gatos, California RECLASSIFICATION/THREE LIBRARY POSITIONS Motion by Mrs. Benjamin, seconded by Mr. Attaway, that Council reclassify three (3) library positions, and set salary ranges for two other positions. Carried with 4 ayes, Mr. Blanton absent. BUS STOP/SARATOGA AVENUE NORTH SIDE/REPORT ON PROPOSAL Motion by Mrs. Benjamin, seconded by Mr. Attaway, to accept an informational report concerning request from Mr. Don McQuire on behalf of Los Gatos Commons to provide bus stop near Alberto Way on Saratoga Avenue was received and filed. Mayor Ventura requested Council consent for him to send a letter to Mr. McQuire indicating that the Council supports the proposal for moving the bus stop and the minor changes in the routes. Carried with 4 ayes, Mr. Blanton absent. BELLA VISTA AVENUE/NEIGHBORHOOD TRAFFIC COMPLAINTS Motion by Mrs. Benjamin, seconded by Mr. Attaway, directing Police Department staff to periodically enforce the speed limit on Bella Vista Avenue by radar. Carried with 4 ayes, Mr. Blanton absent. PROJECT 9004/FORBES MILL MUSEUM EARTHQUAKE REPAIR/CERTIFICATE OF ACCEPTANCE AND NOTICE OF COMPLETION Motion by Mrs. Benjamin, seconded by Mr. Attaway, authorizing Council to execute and the Town Clerk to record a Certificate of Acceptance and Notice of Completion for Project 9004 Forbes Mill Museum earthquake repair, and to increase spending limit for FEMA reimbursement from $20,000.00 to $20,470.00. Carried with 4 ayes, Mr. Blanton absent. PROJECT 8805/PARKING LOT NO. 4/STATUS REPORT Motion by Mrs. Benjamin, seconded by Mr. Attaway to accept an informational report regarding the status of Parking Lot No. 4 bid opening held on June 24, 1991. Evaluation of bids received is being conducted by Applied GeoSystems (AGS). Carried with 4 ayes, Mr. Blanton absent. COMPUTERS PERSONAL/REPORT ON VENDORS Motion by Mrs. Benjamin, seconded by Mr. Attaway, to authorize Staff to continue to purchase personal computers, related equipment and software from Council-approved primary and secondary vendors. Carried with 4 ayes, Mr. Blanton absent. COMMENDATION/GERALD ARGALL/THIRTY-FIVE YEAR SERVICE/RESOLUTION 1991-144 Motion by Mrs. Benjamin, seconded by Mr. Attaway, that Council adopt Resolution 1991- 144 entitled, RESOLUTION OF THE TOWN OF LOS GATOS COMMENDING GERALD (JERRY) H. ARGALL FOR 35 YEARS OF PUBLIC SERVICE TO THE TOWN ON LOS TC:D1:MM070191 July 1, 1991 Los Gatos, California GATOS. Carried with 4 ayes, Mr.Blanton absent. Mrs. Benjamin commented that she was sorry she would be out of town when Mr. Argall's recognition dinner was held but she wished to commend Mr. Argall's 35 years of service to the Town, stating that it was both fantastic and loyal. TC:D1:MM070191 July 1, 1991 Los Gatos, California EARTHQUAKE RESTORATION PROGRAM/PAYMENT OF FEES/RESOLUTION 1991-145 Motion by Mrs. Benjamin, seconded by Mr. Attaway, that Council adopt Resolution 1991- 145 entitled, RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS CONCERNING PAYMENT OF FEES FOR EARTHQUAKE REPAIR AND RECONSTRUCTION OR DEMOLITION APPLICATIONS. Carried with 4 ayes, Mr. Blanton absent. HOLLYWOOD AVENUE 220/LETTUNICH/MODIFY EXISTING APPROVALS GRANTED TO CONSTRUCT SINGLE-FAMILY DWELLING TO REPLACE ONE DAMAGED IN EARTHQUAKE IN R-1:10,000 ZONE/RESOLUTION 1991-146 Motion by Mrs. Benjamin, seconded by Mr. Attaway, that Council adopt Resolution 1991- 146 entitled, RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DENYING AN APPEAL OF A DECISION OF THE PLANNING COMMISSION GRANTING APPROVAL TO MODIFY EXISTING APPROVALS GRANTED TO CONSTRUCT A SINGLE-FAMILY DWELLING TO REPLACE THE ONE DAMAGED IN THE EARTHQUAKE ON PROPERTY IN THE R-1:10,000 ZONE. ARCHITECTURE AND SITE APPLICATION S- 89-71C, which incorporates the Council findings and decision at its meeting of June 17, 1991. Carried with 4 ayes, Mr. Blanton absent. WOODED VIEW AVENUE/WUCHER/ROSE/5 LOT-SUBDIVISION/RESOLUTION 1991-149. Motion by Mrs. Benjamin, seconded by Mr. Attaway that Council adopt Resolution 1991- 149, entitled RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DENYING APPEAL OF A DECISION OF THE PLANNING COMMISSION DENYING SUBDIVISION APPLICATION M-73-15D AND NEGATIVE DECLARATION 90-2 FOR A FIVE-LOT SUBDIVISION, which incorporates the Council findings and decision at its meeting of June 17, 1991. Carried with 4 ayes, Mr. Blanton absent. WEST PARR AVENUE 634/ZONE CHANGE NO. 85 FROM R-1:8 AND O TO O-PD Motion by Mrs. Benjamin, seconded by Mr. Attaway that Council adopt Ordinance 1861 entitled ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONING ORDINANCE EFFECTING ZONE CHANGE NO. 85 FROM R-1:8 AND O TO O-PD FOR PROPERTY AT 634 WEST PARR AVENUE, which was introduced at the Town Council meeting of June 17, 1991. Carried with 4 ayes, Mr. Blanton absent. VERBAL COMMUNICATIONS There was no one in the audience wishing to speak. HEARINGS TC:D1:MM070191 July 1, 1991 Los Gatos, California WINCHESTER BOULEVARD 14800/CHANGE ZONE FROM CM TO O/HEARING Mayor Ventura stated that this was the time and place duly noted for public hearing to consider a change in zone from CM to O for property located on the East side of Winchester Boulevard, South of Lark Avenue and also the location of the Central Fire District Facilities. Zone change application Z-66-7A and Negative Declaration ND-91-2. TC:D1:MM070191 July 1, 1991 Los Gatos, California HEARINGS CONTINUED WINCHESTER BLVD CONT. There was no one from the audience wishing to address this issue. Motion by Mr. Carlson, seconded by Mrs. Benjamin, to close the public hearing. Carried with 4 ayes, Mr. Blanton absent. Motion by Mr. Carlson, seconded by Mrs. Benjamin, to make the Negative Declaration. Carried with 4 ayes, Mr. Blanton absent. Motion by Mr. Carlson, seconded by Mrs. Benjamin, finding that the requested zone change is consistent with the General Plan as described in the Council Report. Carried with 4 ayes, Mr. Blanton absent. Motion by Mr. Carlson, seconded by Mrs. Benjamin to waive the reading. Carried with 4 ayes, Mr. Blanton absent. The Deputy Town Clerk read the title of the Ordinance. Motion by Mr. Carlson, seconded by Mrs. Benjamin, that Council introduce the Ordinance entitled, AN ORDINANCE AMENDMENT OF THE TOWN OF LOS GATOS AMENDING THE ZONING MAP NO. 126 FROM CM TO O FOR THE PROPERTIES LOCATED AT THE SOUTHEAST CORNER OF WINCHESTER BOULEVARD AND LARK AVENUE. Carried with 4 ayes, Mr. Blanton absent. UNIVERSITY AVENUE 631/JONES/CONTINUED PUBLIC HEARING Motion by Mr. Carlson, seconded by Mrs. Benjamin, that this matter be continued to August 19, 1991. Carried with 4 ayes, Mr. Blanton absent. SARATOGA AVENUE 50/LOS GATOS LODGE/MC FATE/TRANSIENT OCCUPANCY TAX Mayor Ventura indicated that the Public Hearing on this matter had been closed on May 20, 1991 but recognized Dr. McFate to address the Council on this issue. Dr. McFate requested a continuance on this matter. He indicated that he had submitted a "lengthy agenda" to Staff just the previous week and he did not receive a formal notice of any public hearing. He also stated that they could calculate what the tax would be but not how much the penalty would be. Since Staff has not mailed him any notice of this matter, and also has not responded to additional items he had submitted for this matter he would like the decision continued. He stated that the simple matter is that they do not have the money for the taxes at this moment. Dr. McFate said that they had submitted 18 other alternatives/methods by which they could pay the tax, but that apparently Staff was still going with the original recommendation. TC:D1:MM070191 July 1, 1991 Los Gatos, California Mrs. Benjamin asked Dr. McFate if the tax was being collected right now? Dr. McFate replied yes, we are. Mrs. Benjamin asked what was being done with the tax? He stated that it goes into our General Fund. Mrs. Benjamin observed that Dr. McFate was using tax money to maintain regular accounts. He said he had no alternative. Mr. Carlson commented that Dr. McFate was in effect using town money to pay employees, and what the Council wants is for Dr. McFate to pay the Town. Mr. Carlson asked him when he could start doing that? Dr. McFate referred to the 18 alternatives that he had submitted and stay current but had not received an answer. He TC:D1:MM070191 July 1, 1991 Los Gatos, California HEARINGS CONTINUED LOS GATOS LODGE CONT. indicated that they had applied for loans at several different agencies. He also stated that if the Town would allow them to build condominiums on the vacant land next to the Lodge that would also generate additional income. Mr. Attaway asked Dr. McFate if he would consider a Note in Deed of Trust as a consideration. Dr. McFate replied, certainly, if the Town would consider the building of the condominiums so he could then borrow money to retire his entire debt. Mr. Blanton arrived at 8:32 p.m. Mayor Ventura asked if Dr. McFate was in the position now, as of July 1, 1991, to be able to stay current with the T.O.T. payments? Dr. McFate said he was not. Douglas L. Beatty, 322 Almendra Ave., stated that he was in support of Dr. McFate's alternative proposals as a means of helping the Lodge's financial problems. He feels the Council should consider these alternatives. Motion by Mr. Carlson, seconded by Mrs. Benjamin adopting Resolution 1991-150 entitled RESOLUTION OF THE TOWN OF LOS GATOS DENYING THE APPEAL OF TRANSIENT OCCUPANCY TAX FOR PROPERTY LOCATED AT 50 SARATOGA AVENUE AND UPHOLDING THE TAX ADMINISTRATOR'S DETERMINATION OF TRANSIENT OCCUPANCY TAX, PENALTIES AND INTEREST DUE. Carried with 4 votes, Mr.Blanton abstaining because he was not present for the full discussion. Motion by Mr. Carlson, seconded by Mr. Attaway to direct Staff to work with Appellant, to determine a mutually acceptable way of resolving this, including a Deed of Trust or other methods within 30 days. Carried with 4 votes, Mr.Blanton abstaining because he was not present for the full discussion. SHANNON ROAD NO. 18/ANNEXATION/CONSIDER PROTESTS/PUBLIC HEARING Mayor Ventura stated that this was the time and place duly noted for public hearing to consider protests concerning the annexations of inhabited territory to the Town of Los Gatos known as Shannon Road No. 18. The following people from the audience addressed this issue: Leroy VanDam, 16348 E. LaChiquita, stated he had started a petition and then again collected protest forms from over 90% of the residents in Shannon Road #18. Doesn't wish to use the Town services and says all others he spoke with felt the same way. Gene Signor, 16354 E. LaChiquita, said that he had spoken at a previous council meeting TC:D1:MM070191 July 1, 1991 Los Gatos, California but tonight was mostly concerned with flood control management for this area. What would the Town do regarding this matter? He also objected to the apparent contradiction in the Government Code regarding dates for filing petitions/and or protest forms. Donald Housman, 16369 Hilow Avenue, stated that he felt taxes would go up and did not feel services would benefit them. He opposes the annexation. Scott Fullerton, 16395 W. LaChiquita, opposes the annexation. Dave Culbertson, 16528 Marchmont Drive, opposes the annexation. Would rather pay the County for it's services than pay the Town of Los Gatos. TC:D1:MM070191 July 1, 1991 Los Gatos, California HEARINGS CONTINUED SHANNON ROAD ANNEXATION CONT. Lori Ritzenthaler, 16725 Marchmont Drive, opposes the annexation. Anthony Smith, 16590 Shannon Road, is happy to live in County and does not want any changes. Malcom MacDowel, 16595 Englewood Avenue, opposes the annexation. Wanted to know if the Town was going to build a new fire station to replace the County Station they utilize now. Mayor Ventura informed him that that station was a joint County/Town one and that services would remain the same. Carol Bailey, 16750 Loma Street, volunteered to count the protest votes. Marilyn Wilder, Topping Way, voiced concern about "granny" units existing on her property. Deborah Sidbert, 16595 Englewood Avenue, opposes annexation, feels there are too many regulations for homeowners, regarding additions etc. Ed Gane, 16750 Loma Street, wanted a count tonight on protests and revoke the annexation process. Anthony Smith, 16590 Shannon Road, wished to speak again. Asked to clarify if all county pockets were to be "tied together" for the protest count. There was no one else in the audience wishing to speak to this matter. Motion by Mr. Blanton, and seconded by Mr. Attaway to continue this public hearing to July 15, 1991. Carried unanimously. LA RINCONADA NO. 5/ANNEXATION/CONSIDER PROTESTS/PUBLIC HEARING Mayor Ventura stated that this was the time and place duly noted for public hearing to consider protests concerning the annexation of inhabited territory to the Town of Los Gatos known as La Rinconada No. 5. The following people from the audience addressed this issue: R. I. Conn, 14795 La Rinconada Drive, likes living in "country area" of county. No animosity to Town of Los Gatos, residents there all use Los Gatos merchants and hence pay the sales tax that goes to Town. Opposes annexation. Vince F. Castaldo, 14777 La Rinconada Drive, is totally against the annexation. Mona Conn, 14795 La Rinconada Drive, doesn't like the restrictions imposed on citizens of Los Gatos. Tree removals are one item in particular. Too many permits required. There was no one else in the audience wishing to speak to this matter. Motion by Mr. Attaway, and seconded by Mr. Blanton to continue this public hearing to July 15, 1991. Carried unanimously. TC:D1:MM070191 July 1, 1991 Los Gatos, California SHORT ROAD 16015/TENTATIVE MAP/SUBDIVISION/DEWEY SANDERS/APPEAL HEARING Mayor Ventura stated that this was the time and place duly noted for public hearing to consider an appeal of a decision of the Planning Commission for approval of a tentative parcel map to subdivide one lot into three lots on 67,281 sq. ft. of property in the R-1:20,000 zone. Subdivision application M-89-14. Property located at 16015 Short Road. Property owner, Dewey Sanders. Appellant, Veva Musick Benson. TC:D1:MM070191 July 1, 1991 Los Gatos, California HEARINGS CONTINUED SHORT ROAD CONT. The following people from the audience addressed this issue: Harry Benson, 104 Mary Way, the appellant, is concerned about the drainage problem because there is not enough space to allow the drainage line to run between properties and to get clean out equipment into the area if the drains become clogged. He indicated they are faced with a situation of having a drainage line on private property which the Town will not clean out, the person installing it wont clean it out, and they will be faced with flooding if it becomes clogged or if there is a heavy rain fall. Mayor Ventura indicated that Mr. Benson must find where the Planning Commission erred. Mr. Carlson felt that Mr. Benson has done that by pointing out that the Planning Commission did not consider that the condition imposed can not physically be accomplished. Mrs. Benjamin stated that part of Mr. Benson's fear is that he is lower than the subject property and the drainage line could back up and flood into his property. She would also like to know what type of drainage is being proposed. Staff indicated that if an easement where to be granted, the problem would be solved. Mr. Benson has refused to grant the easement, therefore the applicant has to provide for the drainage on his property. It will have no impact on the current situation on the neighboring property. Mayor Ventura questioned whether there is any alternative other than Mr. Benson's property for an easement, in order to drain the water. Staff indicates that Mr. Benson's is the only property that can serve as an easement. Mrs. Benjamin would like to know why there can not be a concrete ditch to catch the water. Gianni Siracusa, 100 Mary Way wishes to complain about the project. He is concerned about the water coming from Mr. Sander's property to his property and feels that someone has to take responsibility. Preston Hill, 196 West Main Street representing the property owner Dewey Sanders, pointed out that the land slops from east to west (from Short Road down to Mary Way). Mr. Hill indicated that there is an existing problem. The landowners on the east side of Mary Way have had to install sump pumps and developments which have occurred on Short Road and to the east also have had a problem for many years. The question is what can be done to alleviate the problem. The proposal is to pick up the water at the bottom of the upside- down L, on the map, and conduct it around the elbow of the L to Blossom Hill and onto Mary. The purpose is to get one more lot out of this property. If the property is left as it is, there is no requirement to do that at all and people on Mary Way will continue to have the same problem they have had for years. This proposal is to assist in solving that problem. Mason Sulic, engineers for the project, indicated that the natural flow goes from east to west and the residence on Mary Way are the lower elevation. The development of Short Road increased the problem. He is confident that with this proposal a tremendous amount of the problem will be solved. TC:D1:MM070191 July 1, 1991 Los Gatos, California Mayor Ventura asked if there would be a concrete ditch running along the entire back end of the property. Mr. Sulic indicated that a concrete ditch could be provided. Mayor Ventura asked staff who's responsibility it would be to maintain the ditch. Staff indicated that it is not the Town's practice to secure an easement or maintain a ditch. It would be the private property owner's responsibility to maintain the ditch. TC:D1:MM070191 July 1, 1991 Los Gatos, California HEARINGS CONTINUED SHORT ROAD CONT. Mr. Blanton requested Mr. Sulic to respond to the concern regarding cleaning of a sewer line which might back up higher up on the property. Mr. Sulic indicated that if the Town wishes them to dedicate the storm easement to the benefit of the Town, they would be willing to do that. The Town could also put restrictions that all new property owners maintain existing ditches and storm drains. Mayor Ventura asked if it would be better to run the storm drainage system directly through one of the existing residence's parcels out to Mary Way. Mr. Sulic indicated that he really tried to work with the neighbors because it would substantially assist the problem. However, none of the neighbors would cooperate so they came up with the solution to re-route the storm system going along the property. Phil Parkman is under contract to buy the house on 108 Mary Way and wishes to add his concern regarding the water problems. Mr. Benson indicated again that he is in favor of the subdivision, however, he is still concerned about who will be responsible for cleaning out the drain. There was no one else in the audience who wished to address this issue. Motion by Mrs. Benjamin, seconded by Mr. Blanton, to close the Public Hearing. Carried unanimously. Mayor Ventura questioned the possibility of adding a covenant which would appear in any title information. The right of enforcement would go to the downhill property owners through an easement or the covenant. He stated that the Council should assist with the problem to the best of their ability without getting the Town involved. Motion by Mr. Carlson, seconded by Mr. Attaway, to uphold the Planning Commission's decision to deny the appeal and direct Staff to work with the applicant and return to the Council on August 19, 1991 with a proposal regarding enforcement through private means in order to solve the drainage problem. The motion is to include the additional condition from Central Fire Protection District. Carried by 4 ayes. Mayor Ventura abstaining due to the fact that he had done a small amount of legal work for Mr. Benson and didn't realize it until he recognized him tonight. Mr. Carlson stated that Council would defer the Resolution until after they had the opportunity to review the condition. COLLEGE 126/EUCLID AVENUE 24/APPEAL HEARING LOT LINE ADJUSTMENT/GRABILL/BENSON/HANNEGAN/JOHNSON Mayor Ventura stated that this was the time and place duly noted for public hearing to TC:D1:MM070191 July 1, 1991 Los Gatos, California consider appeal of a decision of the Planning Commission granting approval of a lot line adjustment to exchange approximately 1,490 square feet of area at the rear of each property and to divide the parcel fronting on College Avenue into two lots in the R-1:8,000 zone. Property located at 126 College and 24 Euclid Avenues. Property Owners: Mike Grabill, Chris Benson, John Hannegan and Marie Johnson. TC:D1:MM070191 July 1, 1991 Los Gatos, California HEARINGS CONTINUED COLLEGE AVE. CONT. Mr. Attaway indicated that after discussion with the Town Attorney, there is no conflict of interest and adequate time has passed since his participation as a Planning Commissioner regarding this agenda item and he is qualified to vote on this matter. The following people from the audience addressed this issue: Irwin Joseph, 135 College Avenue, recapped the process regarding this matter and the Floor Area Ratio Ordinance which, in his opinion, is not being upheld in the Council's decisions pertaining to this application for a lot line adjustment. The Floor Area Ratio does not work with this project unless only useable land is considered. The Floor Area Ratio would dictate 1,800 to 2,000 square foot of building with a garage and the total land square footage would be 8,100 sq.ft. after the acquisition and split. He indicated the Planning Commission erred by using the total square footage and did not consider the compatibility, harmony in the neighborhood and other things that the Floor Area Ratio was created to protect. Nor did they consider "what" square footage can be used. Mr. Joseph would like the Council to consider a deed restriction placed on the property which prohibits construction beyond 2,400 square feet, including a two car garage. Mr. Attaway agreed that the example of the housing on College Avenue and this application will probably change Council's future decisions regarding the compatibility in relationship to the Floor Area Ratio. Norm Matteoni, 1740 Technology Drive, San Jose spoke for the applicants. He indicated that the allowable floor area ratio for an 8,000 square foot lot is not 1,800 to 2,000 sq. ft. but is 2,608 sq. ft. plus a garage. Mr. Carlson stated for clarity that this is the maximum allowable, not the given amount. Mr. Matteoni concurred and agreed that the Floor Area Ratio is applied at the time of the specific design review for a residence. The applicant has provided layout information which shows the ability to build on this 8,000 sq. foot lot meeting all setbacks and protecting the existing trees on the lot. The Planning Commission placed a condition on the division of the lot restricting the square footage to 2,400 square feet, including the garage. The Planning Commission had the evidence before them and felt that the restriction was in order as a condition of the application. The restricted amount is at least 20% less than the allowable floor area ratio for this lot. Mayor Ventura questioned the on street parking. Staff indicated that all the parking is off street. The applicant did show some parking bays but the set backs would have caused a problem for the existing house and also a hazard. Mr. Carlson indicated that this information was only a concept to show that it was feasible to do something. It was not an approval to do something nor an approval of the number of parking spaces. TC:D1:MM070191 July 1, 1991 Los Gatos, California Earl Thompson, 131 College Avenue, is concerned that parking in the area is already a problem and that parking cars on the side of the house will be unsightly. Mr. Thompson also has concerns regarding safety and the amount of traffic that will be generated. Tom Spilsbury, 120 College Terrace Court, is against the application and feels that the project has been ill planned. There is too much house and too little lot. Mr. Spilsbury also is concerned that parking and traffic will be a problem. TC:D1:MM070191 July 1, 1991 Los Gatos, California HEARINGS CONTINUED COLLEGE AVE. CONT. John Lein, 196 College Avenue, stated that he supports the project and feels that all of the evidence provided proves the applicants case. There will be four parking spaces for each house and he feels the design has conformed to all the regulations and does not need special consideration. It is being attacked on Architecture and Site approval and it is not an A & S application. Mr. Carlson indicated that his concerns are more for safety reasons than the Floor Area Ratio issue and if the homes where smaller there might be fewer cars. Mr. Lein felt that the Council may come to that conclusion during the Architecture and Site process but he does not feel there is a safety concern. Mr. Lein indicated that the sight lines are excellent. Mike Grabill, one of the owners of the project, indicated that the Planning Commission had already put a restriction of 2,400 square feet including a garage which was 700 sq. feet under the buildable footage for that lot. He stated that the floor area ratio, the flexibility of the FAR, the ability of the Planning Commission to respond to the neighbors concerns and reduce the square footage of the house on the property, worked at the Planning Commission level. Chris Briggam, 121 College Avenue, stated that his cottage is 1000 square feet in size. The house directly to his right is 950 square feet. The houses in the general vicinity are small and this project had the advantage of taking the fast track and avoiding all the rules and regulations in building a house in the same foot print. It was a one house lot and he urged the Council to consider this fact. Mr. Mateoni indicated that there was a traffic engineers report to address the traffic concerns. The indications where that the area had the capacity to take an additional residence and that residence would add 3/10th of 1% to the traffic. The engineer also addressed the safety issue and indicated that it is the outside of the curve and that it has good sight distance up and down the hill. Mr. Mateoni stated that the applicant had hired an arborist to submit a study regarding the trees. The design of the house was to protect this issue. Mr. Joseph summarized his concerns which included parking, landscaping, and the Floor Area Ratio. He feels the Council should look at the 2,400 square feet as a starting point in terms of the maximum size which would include the garage. There was no one else in the audience wishing to speak to this matter. Motion by Mrs. Benjamin, seconded by Mr. Attaway, to close the Public Hearing. Carried unanimously. Mayor Ventura feels the stone pillar that exists on the sight should be saved whether the pillar is moved or the sidewalk is re-routed. He would like Staff to look at the idea of saving TC:D1:MM070191 July 1, 1991 Los Gatos, California the stone pillar. Motion by Mr. Blanton, seconded by Mr. Attaway, to deny the appeal and uphold the Planning Commission's decision and approve the subdivision application. Mr. Carlson indicated that he has a problem with the safety issue and he hopes that when the Architecture and Site application comes forward, the Planning Commission will look at the number of cars and the traffic backing out. He would like to see the house as small as economically possible and that he is nervous about 2,400 square feet. TC:D1:MM070191 July 1, 1991 Los Gatos, California HEARINGS CONTINUED COLLEGE AVE. CONT. Mrs. Benjamin stated that a spirit of compromise has been met with the restriction of how large the house can be and that this is a safeguard to both the applicant and to the neighbors. Mr. Ventura questioned if the condition which was placed on the application by the Planning Commission would be on the recorded map. Staff indicated that it would be. Mr. Attaway agreed with Mr. Carlson regarding the 2,400 square feet being the upper limit. He would be concerned about children falling down the steep hill area at the back of the lot. Mr. Blanton indicated that the Council's role now is to see where the Planning Commission erred and he can not honestly say he can find any. Mr. Blanton regarded this as a compromise and agreed that there would be opportunity for further input regarding the traffic, safety and Floor Area Ratio issues. Mayor Ventura had concern about two major issues although he feels the project is harmonious with the neighborhood. He is concerned about parking and the Architecture and Site issue. He also feels he can not support two, two story houses and would like the motion to address this issue. Mr. Blanton can not support the request because it is not possible to foresee every possible contingency that may occur but agreed that the Mayor had raised a good point. Mr. Attaway agreed that those issues should be addressed during the Architecture and Site approval process. Mayor Ventura indicated that since he can not guarantee it now, he will not support the motion. However, this does not mean that he opposes the application. He agreed that the project will fit in with the neighborhood if his concerns are implemented. Motion carries by 4 ayes. Mayor Ventura voting no. COUNCIL RECESS Mayor Ventura declared a short recess at 11:25 p.m. The meeting was called back to order at 11:30 p.m. HILLTOP DRIVE 125/SAN JOSE WATER COMPANY/STORAGE TANK/APPEAL HEARING Mayor Ventura stated that this was the time and place duly noted for public hearing to consider appeal of a decision of the Planning Commission granting approval of plans to replace two existing redwood water storage tanks with one new steel water storage tank on property in the HR-1 zone. Property located at 125 Hilltop Drive. Property Owner: San Jose Water Company. Appellant: William Kalsched The following people from the audience addressed this issue: Roger Maino, representing the appellants Mr & Mrs Kalsched indicated that the Kalsched's had no disagreement with the need for public safety nor the fire requirements nor TC:D1:MM070191 July 1, 1991 Los Gatos, California the fact that the tank needs to be replaced. Mr. Maino stated that Mr. & Mrs. Kalsched also have no disagreement with the proposed subdivision that the tank will support. The Kalsched's only oppose the location of the tank and the color of the tank. The Kalsched's are requesting that the tank location be where the old tank was and not as proposed by San Jose Water works. Richard Pardini, chief engineer of San Jose Water Company, addressed the location of the tank and indicated that after completing an analysis of the project, the estimated cost was between one hundred and twenty-five thousand and one hundred and seventy-five thousand dollars to change the location. It would require securing additional property and extensive change in the TC:D1:MM070191 July 1, 1991 Los Gatos, California HEARINGS CONTINUED HILLTOP DRIVE CONT. retaining wall and San Jose Water Company can not justify the additional cost. He stated that the Planning Commission saw no reason to object to the location and approved the project. San Jose Water Company has cooperated with the neighbors, the Town and landscaped the site according to the Town's recommendations. Mr. Pardini indicated that the Water Company would have no other option, other than that proposed, and if this was not acceptable to the Town the tanks would remain as is. Mr. Blanton questioned the possibility of encasing the steel water tank with redwood planks. Mr. Pardini indicated that the Water Company must be able to clearly see the exterior of the actual tank in case of any emergency situation so the redwood encasing would not be considered. Mr. Pardini indicated that the proposed new tank would bring the subdivision up to proper standards for fire fighting. David Britenthal, 210 Woodedview Drive has concern that individual water tanks are not a safe way to provide fire protection to the subdivision in case of an emergency. There was no one else in the audience wishing to speak to this matter. Motion by Mr. Blanton, seconded by Mr. Attaway, to close the public hearing. Carried unanimously. Motion by Mr. Carlson, seconded by Mrs. Benjamin, that the color of the tank be as close as possible to the existing color, or that the Kalsched's have the right to suggest an alternative that they would be happy with. Carried unanimously. Motion by Mr. Carlson, seconded by Mayor Ventura, that San Jose Water Company include the possibility of alternative road situations and to maximize screening to the satisfaction of the Planning and Parks Director. The landscaping is to include fast growing trees. Carried unanimously. Motion by Mr. Carlson, seconded by Mr. Attaway, to deny the appeal and require that the two additional conditions regarding color and landscaping be returned to Council.Mr. Blanton voting no because he believes the matter can be taken care of at a staff level. Mrs. Benjamin voting no because she would rather see the tank relocated if there had been enough funds available. Mayor Ventura can not support the motion because he still has unanswered questions. Motion fails 2 ayes, 3 nays. Motion by Mrs. Benjamin, seconded by Mayor Ventura, to continue the matter until TC:D1:MM070191 July 1, 1991 Los Gatos, California August 19th to allow Town staff to complete a cost analysis, together with San Jose Water Company,regarding moving the tank. Also, at that time, San Jose Water Company is to provide information on their water distribution plan. Motion fails 2 ayes, 3 nays. Mr. Carlson voting no because he believes that the matter has already had an analysis by Town staff and the Planning Commission and that this could delay the process past an October 15th deadline. Mr. Blanton voting no for the same reason. Mr. Attaway voting no. TC:D1:MM070191 July 1, 1991 Los Gatos, California HEARINGS CONTINUED HILLTOP DRIVE CONT. Motion by Mr. Blanton, seconded by Mr. Carlson, to deny the appeal and uphold the Planning Commission decision to approve the application to replace the two existing redwood water storage tanks with the new steel water storage tank with the provision that Staff work closely with the Water Company and the neighbors to address the concerns that the neighbors have with regard to color and landscaping. Carried 3 ayes. Mrs. Benjamin voting no as previously stated. Mayor Ventura voting no as previously stated. AMENDMENT/TOWN ZONING ORDINANCE/MODIFY SECTION 5.20.230/CONDITIONAL USE PERMIT MODIFICATIONS/A-91-1 Staff recommended this matter be removed from the agenda. BASEBALL EARTHQUAKE FUND/RESTORATION/FEES/RESOLUTION 1991-145 Motion by Mr. Attaway, seconded by Mrs. Benjamin, that the shoring at 21 North Santa Cruz Avenue be done by lien so that the earthquake monies are recovered. Carried unanimously. Motion by Mrs. Benjamin, seconded by Mr. Attaway, to allocate seven hundred eighty dollars for Anne Bloomfield's historic consultant services. Carried unanimously. Motion by Mr. Carlson, seconded by Mrs. Benjamin, to adopt Resolution 1991-145, RESOLUTION OF THE TOWN OF LOS GATOS CONCERNING PAYMENT OF FEES FOR EARTHQUAKE REPAIR AND RECONSTRUCTION RESTORATION OR DEMOLITION APPLICATIONS. Carried unanimously. Motion by Mr. Carlson, seconded by Mrs. Benjamin, to allocate the balance of the baseball earthquake funds to be used as grants and to be distributed in order of application between this date and December, 1991. If there is any shortfall in the baseball funding, the difference would be accommodated by the General Fund. Carried unanimously. WEST MAIN STREET 131/CONDITIONAL USE PERMIT/OFFICE TO RESIDENTIAL CONDOMINIUMS/RESOLUTION 1991-147 Motion by Mayor Ventura, seconded by Mr. Carlson, to adopt Resolution 1991-147, RESOLUTION OF THE TOWN OF LOS GATOS GRANTING A CONDITIONAL USE PERMIT FOR A CHANGE OF USE ON THE SECOND FLOOR FROM OFFICE TO RESIDENTIAL CONDOMINIUMS IN AN EARTHQUAKE DAMAGED HISTORIC COMMERCIAL BUILDING IN THE C-2 LHP ZONE, CONDITIONAL USE PERMIT TC:D1:MM070191 July 1, 1991 Los Gatos, California APPLICATION EU-9-9; AND REMANDING ARCHITECTURE AND SITE APPLICATION ES-90-23A TO THE EARTHQUAKE RESTORATION COMMITTEE with amendments to item "E" indicating that the Earthquake Restoration Committee would not have final authority and that the matter would require Council approval. The amendment would also include the understanding that the applicant would try to restore the 1902 facade. Carried unanimously. TC:D1:MM070191 July 1, 1991 Los Gatos, California SANTA CRUZ AVE N 41/CONDITIONAL USE PERMIT/LOS GATOS THEATRE REMAND TO EARTHQUAKE RESTORATION COMMITTEE/RESOLUTION 1991-148 Motion by Mr. Carlson, seconded by Mr. Ventura, to adopt Resolution 1991-148, RESOLUTION OF THE TOWN OF LOS GATOS REMANDING TO THE EARTHQUAKE RESTORATION COMMITTEE A REQUEST FOR PERMISSION TO REINSTATE A CONDITIONAL USE PERMIT FOR AN EXISTING THEATRE CONDITIONAL USE PERMIT APPLICATION EU-79-5A. Carried unanimously. Staff indicated that this matter would be returned as a hearing on the agenda of July 15, 1991. TREASURER'S REPORT OF MAY 31, 1991 Council continued this matter to July 15, 1991. APPROVAL OF COUNCIL MINUTES MAY 13, 28, 29/JUNE 3, 10, 17, 24, 1991 Continued to July 15, 1991. COUNCIL REPORTS Council requested a revised schedule regarding 1991-92 Town Council meetings. ADJOURNMENT Mayor Ventura announced the adjournment of this evening's Council meeting at 12:35 a.m. ATTEST: Mariellen Furia Deputy Clerk TC:D1:MM070191