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M 06-24-91TOWN OF LOS GATOS CALIFORNIA TOWN COUNCIL/PARKING AUTHORITY June 24, 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 7:53 p.m., Monday, June 24, 1991, in adjourned regular session. ROLL CALL Present:Randy Attaway, Joanne Benjamin, Steven Blanton (arrived at 8:34 p.m.), and Mayor Brent N. Ventura. Absent:Eric D. Carlson. PLEDGE OF ALLEGIANCE Given by all in attendance. CLOSED SESSION Katherine Anderton, Town Attorney, reported that Council had met in Closed Session prior to this evening's meeting pursuant to Government Code Section 54956.8 to discuss Acquisition of Property for New Library Site. There is no report from that discussion at this time. Pursuant to Government Code Section 54956.9(b), Council met to discuss Threatened Litigation regarding Housing Development-West Parr Avenue. There is no report from that discussion at this time. Pursuant to Government Code Section 54957.6, Council met to discuss Labor Relations. Council did not discuss this item. CERRO VISTA/TRACT 7613/COMPLETION NOTICE Motion by Mr. Attaway, seconded by Mrs. Benjamin, that Council authorize the Mayor to execute and the Town Clerk to record a Certificate of Acceptance and Notice of Completion for Tract 7613-Cerro Vista. Carried by a vote of 3 ayes. Mr. Blanton and Mr. Carlson absent. FUND TRANSFER/CIP/LIBRARY PROJECT Motion by Mr. Attaway, seconded by Mrs. Benjamin, that Council approve the following TC:D1:MM062491 transfer of funds between the CIP accounts: $400 form 014-470-8201 (trenching); $6,500 from 014-470-8204 (boundary map); $250 from 014-470-8212 (geotechnic evaluation); $5,285 to 014-470-8205 (contingency); $1,865 to 014-470-8213 (consultant). There is no net impact on the CIP. Carried by a vote of 3 ayes. Mr. Blanton and Mr. Carlson absent. SERVICE FEES/RESOLUTION 1991-138 Motion by Mr. Attaway, seconded by Mrs. Benjamin, that Council adopt Resolution 1991- 138 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AMENDING RESOLUTION 1991-94 REGARDING THE TOWN'S SERVICE FEES. Carried by a vote of 3 ayes. Mr. Blanton and Mr. Carlson absent. TC:D1:MM062491 June 24, 1991 Los Gatos, California PUBLIC SECTOR CONSULTANTS/AGREEMENT/RESOLUTION 1991-139 Motion by Mr. Attaway, seconded by Mrs. Benjamin, that Council adopt Resolution 1991- 139 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO ENTER INTO AN AGREEMENT WITH PUBLIC SECTOR CONSULTANTS. Carried by a vote of 3 ayes. Mr. Blanton and Mr. Carlson absent. ENVIRONMENTAL CONSULTANT SERVICES/AGREEMENTS/RESOLUTION 1991-140 Motion by Mr. Attaway, seconded by Mrs. Benjamin, that Council adopt Resolution 1991- 140 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE EXECUTION OF AGREEMENTS FOR ENVIRONMENTAL INITIAL STUDIES. Carried by a vote of 3 ayes. Mr. Blanton and Mr. Carlson absent. 9201 PROJECT/ANNUAL STREET RESURFACING/RESOLUTION 1991-141 Motion by Mr. Attaway, seconded by Mrs. Benjamin, that Council adopt Resolution 1991- 141 entitled, RESOLUTION OF THE TOWN OF LOS GATOS APPROVING PLANS AND SPECIFICATIONS FOR PROJECT 9201 ANNUAL STREET RESURFACING. Carried by a vote of 3 ayes. Mr. Blanton and Mr. Carlson absent. VERBAL COMMUNICATIONS Blossom Hill #5 John Warnick, 15558 Linda Ave., requested information regarding the protests filed prior to the new hearing date of July 15, 1991. HEARING BLOSSOM HILL MANOR #6/ANNEXATION/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 Blossom Hill Manor #6 The following people from the audience spoke to this issue: Edward Wark, 15646 Longwood Drive, spoke against the annexation. Joel Newman, 15740 Cherry Blossom, was not in favor of the annexation and asked for information on police response. Dick Jurgens, 15811 Cherry Blossom, not in favor of annexation due to problems with obtaining a variance. David Akers, 16561 Oleander, feels there would be problems with obtaining building permits. TC:D1:MM062491 June 24, 1991 Los Gatos, California Herbert Traylor, 16330 Lavender Lane, did not wish to be in the Town due to the higher fees. Robert Stinson, 15659 Cherry Blossom, would like to be shown the value of annexing. Donald Tsusaki, 16157 Roseleaf Lane, asked to serve on a committee with Councilmembers to analyze the value of annexation and to list the benefits and costs and do some basic marketing. Carolyn Ramsay, 16230 Jacaranda Way, would prefer to pay library fees and no be annexed. David Hampton, 15586 Gardenia Way, if the Town can show that it is an overall benefit to the county residents to be annexed he may be in favor of the process. TC:D1:MM062491 June 24, 1991 Los Gatos, California HEARING BLOSSOM HILL MANOR #6 CONT. Speakers continued: Larry Hinkle, 16489 Camelia Terrace, asked for assurance that his building permit with the county would still be valid at the time of annexation. Mr. Blanton arrived at 8:34 p.m. Ida Heyman, 16130 Lilac Lane, would appreciate the opportunity to be able to work on a committee which would help analyze the costs and establish benefits for the residents. Debbie Tsusaki, 16157 Roseleaf Lane, is concerned about the number of young families who are planning on remodeling their homes having additional costs for permits and fees when they come for their building permits. Ted Burggraff, 16311 Lavender Lane, asked that this hearing be continued further than July 1st so that the residents would have a chance to attend the neighborhood meeting before they had to submit their protests. Michelle Breslin, 16240 Jacaranda Way, asked about the elections and the time that the annexation would go into effect. Sue Shoff, 16200 Escobar, asked if there would be minutes of the neighborhood meeting. A. W. Northam, 15832 Longwood Drive, asked that all residents be notified of the neighborhood meeting, and asked for information on the gas tax distribution. No one else from the audience addressed this issue. Motion by Mrs. Benjamin, seconded by Mr. Attaway, that Council continue this hearing to July 15, 1991 and plan a neighborhood meeting prior to the close of the hearing. Carried by a vote of 4 ayes. Mr. Carlson absent. Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council hold a neighborhood meeting at Blossom Hill School on July 8, 1991 at 7:30 to 9:30 p.m., in order to discuss tax and revenue issues and specific services and their costs in relation to the contemplated annexations. Carried by a vote of 4 ayes. Mr. Carlson absent. COUNCIL RECESS Mayor Ventura declared a short recess at 9:05 p.m. Council was called back to order at 9:10 p.m. LIBRARY CLASSIFICATION STUDY Mayor Ventura opened this item on the Library Reclassification Study to discussion from those in the audience. TC:D1:MM062491 June 24, 1991 Los Gatos, California The following people spoke to this issue: Carol King, 128 Potomac Drive, spoke of the significant reorganization of the library causing the current ability to interchange job functions to cease. Myrna Shiraev, 133 Hollycrest Drive, spoke of working in the library for ten years and the community involvement felt in keeping this job. TC:D1:MM062491 June 24, 1991 Los Gatos, California LIBRARY CLASSIFICATION CONTINUED Speakers continued: Rose-Marie Murphy, 17640 Vineland Ave., Monte Sereno, spoke of the wider scope of duties expected of assistants and the interest this generates in their job and the performance levels that are broadened by these expectations, and requested the term Library Assistant be maintained, that a paraprofessional ladder be established to encourage advancement, and unbenifited hours scheduled to become benefited positions. Lois Mallison, 120 Mary Way, 20 year resident, spoke about the uniqueness of the Los Gatos Library and its proven success. Motion by Mrs. Benjamin, seconded by Mr. Blanton, to return this item to staff in order to work with the employees to arrive at a mutual agreement between the employees and the staff on the issues under discussion. Carried by a vote of 4 ayes. Mr. Carlson absent. PARR AVE W 634/HOUSING DEVELOPMENT/RESOLUTIONS 1991-142 AND 1991-143 INTRODUCTION OF ZONE CHANGE 0RDINANCE Mayor Ventura stated that this was the time and place duly noted for Council to consider a change of zone to permit the construction of a 68 unit multiple family development, day care facility, the relocation of the rear property line, and demolition of an existing single family residence. The following people addressed this issue: Fran Wagstaff, Mid Peninsula representative, explained the marketing criteria associated with the project giving priority to those who live or work in the community, and is willing to make this a condition of approval. The project is also willing to contribute $20,000 toward traffic mitigation associated with the project development. Matthew Schwartz, Mid Peninsula representative, states that the development is willing to decrease the density from 68 units to 64 units thereby decreasing the overall mass. Mrs. Benjamin reported that she and Mr. Attaway had met, along with Planning Director Lee Bowman and Town Manager David Knapp, with representatives from the City of Campbell, Mayor Mike Kotowski, Councilmember Barbara Conant, Director of Planning Steve Piasecki, Traffic Engineer Gary Kruger, Campbell City Manager Tom Frutchey, to talk about issues raised by the City of Campbell and residents. Campbell supports low cost housing, are impressed with Mid Peninsula housing projects, understood that Los Gatos did have other below market price housing and ordinances to support the concept, and was planning for more of same in the near future. In cooperation with Campbell, Los Gatos would continue to work with their staff in mitigating the traffic on Parr Ave. and parking would be addressed cooperatively. TC:D1:MM062491 June 24, 1991 Los Gatos, California Lee Bowman, Town Planning Director, expanded on the meeting with Campbell stating that Mayor Kotowski was concerned with revised access review by Campbell staff, feeling that these alternatives were not as good as the original proposal that had been presented. The traffic report did not address the potential for cut through traffic nor does it address development anticipated in that area, but the total increase on Parr due to this project will only be 3%. Land use designations for Campbell and Los Gatos do not coincide and cause some problems regarding traffic impact which could be addressed and mitigated. Pedestrian safety and the need for additional sidewalks was addressed along with the need to keep the speed on Parr at the TC:D1:MM062491 June 24, 1991 Los Gatos, California PARR AVE HOUSING CONT. posted level. Additional demand on public services such as police and fire was discussed. This project should include all the latest technology in fire prevention and fire suppression techniques. Parks in Campbell and Los Gatos could be mutually supportive. Parking needs and density of project was discussed. Campbell has been in receipt of plans and referrals from the beginning of this project with responses from the City. There are critical dates associated with this development in regard to the funding sources, and it must move along at this time. The City of Campbell and Town of Los Gatos need to work together to address these issues and meet the needs of their consituents on an ongoing basis. Mr. Attaway discussed traffic flow, safety issues regarding the use of Dardinelli Lane and after further analysis the realization that the original proposal was the most logical and safe. The Town is trying its best to meet the fair share housing requirements as mandated by the State. It's a rare case where the land is available, the financing is available, and the contributions are made by all aspects of government; City, County and State. Access to transportation corridor is available due to the fact that Town cannot take access from private owner unless within a redevelopment area; Town tried alternative access to this project and was unsuccessful; after exhausting all alternatives the Town needs to lead in providing housing for low and moderate income families. Motion by Mr. Attaway, seconded by Mr. Blanton, that Council adopt Resolution 1991- 142 entitled, RESOLUTION OF THE TOWN OF LOS GATOS APPROVING THE NEGATIVE DECLARATION FOR A CHANGE OF ZONE FOR A PLANNED DEVELOPMENT TO PERMIT THE CONSTRUCTION OF A 64 UNIT MULTIPLE FAMILY DEVELOPMENT AND DAY CARE CENTER FACILITY AT 634 WEST PARR AVENUE, as Attachment 5 of the staff report dated June 17, 1991 and amended to delete all reference to 68 units and to substitute 64 units. Carried by a vote of 4 ayes. Mr. Carlson absent. Motion by Mr. Attaway, seconded by Mr. Blanton, that Council adopt Resolution 1991- 143 entitled, RESOLUTION OF THE TOWN OF LOS GATOS DETERMINING THE ACCEPTABILITY OF THE TRAFFIC IMPACTS OF A 64 UNIT MULTIPLE FAMILY DEVELOPMENT AND DAY CARE CENTER FACILITY, APPROVING THE RELOCATION OF THE REAR PROPERTY LINE, AND PERMITTING DEMOLITION OF AN EXISTING SINGLE FAMILY RESIDENCE AND MAKING FINDINGS IN SUPPORT OF A ZONE CHANGE, as Attachment 6 of the staff report dated June 17, 1991 and amended to delete all reference to 68 units and to substitute 64 units. Carried by a vote of 4 ayes. Mr. Carlson absent. Motion by Mr. Blanton, seconded by Mrs. Benjamin, to waive the reading of the Draft Ordinance. Carried by a vote of 4 ayes. Mr. Carlson absent. The Town Clerk read the title TC:D1:MM062491 June 24, 1991 Los Gatos, California of the Draft Ordinace. Motion by Mr. Blanton, seconded by Mr. Attaway, that Council introduce Draft Ordinance 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", which incorporates the following amendments to Attachment 7 of the staff report dated June 17, 1991: delete all reference to 68 units and substitute 64 units; Add 6A. The applicant shall provide TC:D1:MM062491 June 24, 1991 Los Gatos, California PARR AVE HOUSING CONT. $20,000 for traffic mitigation in the immediate area of the project site. The fee will be due and payable prior to issuance of the first building permit; Add 6B. The applicant shall establish a system of priorities for those who live and/or work in the Town of Los Gatos. Carried by a vote of 4 ayes. Mr. Carlson absent. PARKING LOT 4/STATUS REPORT Informational report to Council updating the development of Lot 4 was received and filed. Mr. Attaway stated for the record that he was disappointed that the project was forestalled and would like to see it go forward with all haste to meet the new proposed deadlines. Mark Linder, Assistant Town Manager, explained the bioremediation efforts and the bids that had just been received. There is hope that the Town would have a bid acceptance report by July 1st or at the latest by July 15, 1991. RESTORATION PROGRAM/URGENCY ORDINANCE 1860 Motion by Mrs. Benjamin, seconded by Mr. Attaway, that Council waive the reading of the Draft Ordinance. Carried by a vote of 4 ayes. Mr. Carlson absent. The Town Clerk read the Title of the Draft Ordinance. Motion by Mrs. Benjamin, seconded by Mr. Attaway, that Council adopt Ordinance 1860 entitled, URGENCY ORDINANCE OF THE TOWN OF LOS GATOS REESTABLISHING THE LOS GATOS RESTORATION PROGRAM FOR THE REPAIR, RESTORATION AND RECONSTRUCTION OF STRUCTURES DAMAGED AS A RESULT OF THE OCTOBER 17, 1989 EARTHQUAKE. Carried by a vote of 4 ayes. Mr. Carlson absent. ADJOURNMENT Motion by Mr. Attaway, seconded by Mrs. Benjamin, that Council adjourn this evening's meeting at 10:42 p.m. Carried by a vote of 4 ayes. Mr. Carlson absent. ATTEST: TC:D1:MM062491 June 24, 1991 Los Gatos, California Marian V. Cosgrove Town Clerk TC:D1:MM062491