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M 05-20-91TOWN OF LOS GATOS CALIFORNIA TOWN COUNCIL/PARKING AUTHORITY May 20, 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 7:42 p.m., Monday, May 20, 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. PRESENTATIONS/COMMERCIAL SPECIFIC PLAN COMMITTEE MEMBERS Mayor Ventura made presentations to the members of the Commercial Specific Plan Committee for their service to the Town. The following members gratefully accepted the Town's appreciation and commendation: Rick Miller, Stephen Rice, Michael Abkin, Eric Carlson, Rod Johnson, Linda Lubeck, Cliff Petersen, Steven Blanton and Brent Ventura. Terry McElroy, Ted Simonson and Pat O'Laughlin received the honor but were unable to attend. 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 Pending Litigation regarding Worker's Compensation Matter of Jerry Meyer. There is no report from that discussion at this time. Pursuant to Government Code Section 54956.9(a), Council met to discuss Pending Litigation regarding Gordon vs Town of Los Gatos, et. al. There is no report from that discussion at this time. Pursuant to Government Code Section 54956.9(a), Council met to discuss Pending Litigation regarding Woodlief vs Town of Los Gatos. Council found that this meeting was necessary to TC:D1:MM052091 schedule, after the agenda had been posted and new information had been received. There is no report from that discussion at this time. Pursuant to Government Code Section 6254(i), Council met to discuss Appeal of Transient Occupancy Tax. There is no report from that discussion at this time. MARIA'S BERRY FARM/RELOCATION/HISTORIC MITIGATION/AWARD OF BID Motion by Mrs. Benjamin, seconded by Mr. Carlson,that Council award bid to architect John Lien, and appropriate $30,000 from the Traffic Authority funding. Carried unanimously. TC:D1:MM052091 May 20, 1991 Los Gatos, California 8904B PROJECT/ANNUAL SIDEWALK RECONSTRUCTION/COMPLETION NOTICE This item was removed for the agenda and will be agendized at a future date. TOWN COUNCIL MEETINGS/DATES AND TIMES/ORDINANCE David Knapp, Town Manager, stated that this item was withdrawn from tonight's agenda. SCHEDULE OF PUBLIC HEARINGS Informational report regarding currently scheduled public hearings was received and filed. COUNTY REFERRALS Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council approve the recommended action concerning County Referrals: Projects inside the Urban Service Area: 4809-31-49-914//16362 Aztec Ridge//Schloh//Variance//Approval for front setback and denial of side setback. Carried unanimously. PAYROLL/RATIFICATION/APRIL 1991 Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council ratify the accompanying check registers for payroll of April 14 through April 27, 1991, in the amount of $208,055.62 paid on May 3, 1991. Carried unanimously. ACCOUNTS PAYABLE/RATIFICATION/MAY 1991 Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council ratify accompanying check registers for accounts payable invoices in the amount of $301,417.02 paid on May 3 and May 10, 1991. Carried unanimously. CODE ENFORCEMENT/REFERRALS TO TOWN ATTORNEY Informational item received and filed regarding: Dimitropoulous//644 University Ave//Grading Violations and Safety Hazards George Mezzetta//101 Capistrano Place//Grading Violations INFORMATION SYSTEMS/ADMINISTRATIVE SYSTEM/HARDWARE & SOFTWARE/RFP Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council authorize staff to issue a Request for Proposal (RFP) for a new Administrative Computer System, approve the concept of a leasing arrangement for the acquisition of the new Administrative Computer System and authorize the Town Manager to negotiate for products, services, and pricing with information system vendors. Carried unanimously. DAY IN THE PARK/LIONS CLUB/AUGUST 25, 1991 Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council approve the request by the Los Gatos Lions Club to hold the 36th annual "Day In The Park" on Sunday, August 25, TC:D1:MM052091 May 20, 1991 Los Gatos, California 1991 at Oak Meadow Park, subject to staff recommendations. Carried unanimously. MAIN ST E/STREET CLOSURE/HIGH SCHOOL GRADUATION/JUNE 14, 1991 Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council approve the request by the Los Gatos High School to divert traffic from East Main Street on June 14, 1991, between 6:00 p.m. and 8:00 p.m. during the graduation ceremony. Carried unanimously. TC:D1:MM052091 May 20, 1991 Los Gatos, California 8805 PROJECT/PARKING/LOT 4/GRAYS LANE 20/BRIAN KANGAS FOULK/AGREEMENT Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council appropriate $12,000.00 from the Downtown Parking Assessment District fund for revisions to the Parking Lot 4, garage plans and specifications by consultant Brian Kangas Foulk. Carried unanimously. COMMERCIAL SPECIFIC PLAN COMMITTEE/MODIFICATIONS TO FINAL REPORT RESOLUTION 1991-95 Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council adopt Resolution 1991- 95 entitled, RESOLUTION OF THE TOWN OF LOS GATOS APPROVING AND MODIFYING RECOMMENDATIONS CONTAINED IN THE FINAL REPORT OF THE COMMERCIAL SPECIFIC PLAN COMMITTEE. Carried unanimously. SHANNON ROAD 14615/TRACT 8400/SANTA ROSA HEIGHTS/HABIB AZAR FINAL MAP AND AGREEMENT/RESOLUTION 1991-96 Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council adopt Resolution 1991- 96 entitled, RESOLUTION OF THE TOWN OF LOS GATOS APPROVING FINAL MAP OF TRACT NO. 8400. Carried unanimously. YOUTH ADVISORY COMMISSION/COMMENDATIONS/RESOLUTIONS 1991-97 TO 1991- 105 Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council adopt Resolutions 1991-97 through 1991-105 entitled, RESOLUTIONS OF THE TOWN OF LOS GATOS COMMENDING: KRISTEN FISH KARIM HRUSKA KIM KOLERUS ADAM BROWN KRISTEN SWAN MARC HOTTENDORF SCOTT BURNS ERIC WOLF PATRICIA ERNSTROM Which commends the Youth Advisory Commissioners for their service on the 1990-91 Commission. Carried unanimously. SCULPTURE/ZIEMELIS/LOAN AGREEMENT/RESOLUTION 1991-106 Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council adopt Resolution 1991- 106 entitled, RESOLUTION OF THE TOWN OF LOS GATOS ACCEPTING A SCULPTURE FROM ERIC ZIEMELIS AS A LOAN. Carried unanimously. SANTA CRUZ 227/HANDICAPPED ACCESSIBILITY/GRIFFITHS/RESOLUTION 1991-107 Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council adopt Resolution 1991- 107 entitled, RESOLUTION OF THE TOWN OF LOS GATOS DENYING APPEAL OF DIRECTOR OF BUILDING SERVICES' DECISION TO REQUIRE PRIMARY ENTRANCE ACCESSIBILITY FEATURES, which incorporates the Council findings and decision at its TC:D1:MM052091 May 20, 1991 Los Gatos, California meeting of May 6, 1991. Carried by a vote of 4 ayes. Mrs. Benjamin voted no. HEIGHT OF BUILDINGS/ZONING ORDINANCE AMENDMENT/RESOLUTION 1991-108 Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council adopt Resolution 1991- 108 entitled, RESOLUTION OF THE TOWN OF LOS GATOS DENYING THE PLANNING COMMISSION'S PROPOSED AMENDMENT OF THE ZONING ORDINANCE AFFECTING MEASUREMENT OF THE HEIGHT OF BUILDINGS, which incorporates the Council findings and decision at its meeting of May 6, 1991. Carried by a vote of 4 ayes. Mayor Ventura abstained. TC:D1:MM052091 May 20, 1991 Los Gatos, California SETBACKS/ACCESSORY UNITS/ZONING ORD. AMENDMENT/RESOLUTION 1991-109 Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council adopt Resolution 1991- 109 entitled, RESOLUTION OF THE TOWN OF LOS GATOS MODIFYING THE ZONING ORDINANCE REQUIREMENT FOR YARDS FOR ACCESSORY STRUCTURES OTHER THAN SECONDARY DWELLING UNITS AND ACCESSORY LIVING QUARTERS, which incorporates the Council findings and decision at its meeting of May 6, 1991. Carried by a vote of 4 ayes. Mayor Ventura voted no for reason given in past record. PARKING/SINGLE AND TWO FAMILY ADDITIONS/RESOLUTION 1991-110 Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council adopt Resolution 1991- 110 entitled, RESOLUTION OF THE TOWN OF LOS GATOS REMANDING TO THE PLANNING COMMISSION ORDINANCE REQUIRING PARKING FOR ADDITIONS TO SINGLE FAMILY AND TWO FAMILY RESIDENCES, which incorporates the Council findings and decision at its meeting of May 6, 1991. Carried unanimously. BUILDING STANDARD REGULATIONS 1988/STATE OF CALIFORNIA AMENDMENTS 1989 ORDINANCE 1849 Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council adopt Ordinance 1849 entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING ARTICLES I THROUGH IX OF CHAPTER 7 OF THE TOWN OF LOS GATOS TOWN CODE RELATING TO BUILDING REGULATIONS AND TO ADOPT THE 1988 BUILDING STANDARD REGULATIONS AND TO ADOPT THE 1988 BUILDING STANDARD REGULATIONS WITH 1989 STATE OF CALIFORNIA AMENDMENTS, which was introduced at the Council meeting of May 6, 1991. Carried unanimously. MARIA'S BERRY FARM/HISTORICALLY AND CULTURALLY SIGNIFICANT/ORDINANCE 1850 Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council adopt Ordinance 1850 entitled, ORDINANCE OF THE TOWN OF LOS GATOS DESIGNATING STRUCTURES AS HISTORICALLY AND CULTURALLY SIGNIFICANT,, which was introduced at the Council meeting of May 6, 1991. Carried unanimously. FAR/FLOOR AREA RATIO/SINGLE AND TWO FAMILY RESIDENCES/5,000 SQ. FT. AND SMALLER LOTS/ORDINANCE 1851 Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council adopt Ordinance 1851 entitled, ORDINANCE OF THE TOWN OF LOS GATOS ZONING ORDINANCE ESTABLISHING A FLOOR AREA RATIO FOR SINGLE-FAMILY AND TWO FAMILY RESIDENCES ON LOTS SMALLER THAN 5,000 SQ. FT. IN ALL RESIDENTIAL ZONES, which was introduced at the Town Council meeting of May 6, 1991. Carried by a vote of 4 ayes. Mayor Ventura voted no for reasons stated in previous record. TC:D1:MM052091 May 20, 1991 Los Gatos, California NOISE REGULATIONS/ORDINANCE 1852 Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council adopt Ordinance 1852 entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING CHAPTER 11 OF THE TOWN CODE REGARDING NOISE REGULATIONS, which was introduced, with amendments, at the Town Council meeting of May 13, 1991. Carried unanimously. TC:D1:MM052091 May 20, 1991 Los Gatos, California HANDICAPPED ACCESSIBILITY/ZONING ORDINANCE AMENDMENT/ORDINANCE 1853 Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council adopt Ordinance 1853 entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONING ORDINANCE CONCERNING ADAPTABILITY AND ACCESSIBILITY REQUIREMENTS FOR NEW DEVELOPMENTS TO ACCOMMODATE PERSONS WITH PHYSICAL DISABILITIES, which was introduced at the Town council meeting of April 29, 1991. Carried unanimously. PARKING STANDARDS MODIFICATION/ZONING ORDINANCE AMENDMENT Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council introduce Draft Ordinance entitled, ORDINANCE OF THE TOWN OF LOS GATOS MODIFYING PROVISIONS RELATING TO THE NUMBER, SIZE AND LOCATION OF OFF-STREET PARKING SPACES, which modifies requirement for medical and dental offices, dimensions of parking stalls and aisles, and repeals the parking requirement for sororities and fraternities. Carried unanimously. SWIMMING POOLS/ZONING ORDINANCE AMENDMENT Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council introduce Draft Ordinance entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE REGULATIONS FOR SWIMMING POOL ENCLOSURES. Carried unanimously. VERBAL COMMUNICATIONS Leslie Gill, 220 Wilder Ave, representing the Los Gatos Heritage Preservation Society, offered her group's continuing support on the relocation of the Maria's Berry Farm issue. HEARINGS PARR AVE W.634/HOUSING DEVELOPMENT/MID-PEN HOUSING COALITION Mayor Ventura allowed for a spokesperson from the audience to address the concern of holding the hearing at this time. William Winter, 115 Calle Astoria, spoke regarding his concern to have all the persons heard at the late hour this item is agendized to appear. Motion by Mr. Carlson, seconded by Mr. Blanton, that staff address the issues of parking, circulation and alternative proposals, study the intersection of Dardenelli and Parr for sight lines, notify Campbell of actions being taken, and schedule a neighborhood meeting for interested parties to be heard, which will be attended by two Councilmembers. This item will be continued to June 10, 1991. Carried unanimously. TC:D1:MM052091 May 20, 1991 Los Gatos, California Interested members of the audience left their names and addresses so as to be notified of the neighborhood meeting. CENTRAL AVE 42/RODMAN/FLORENTINE VILLAGE/APARTMENT USE/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 approving a request for permission to maintain an existing apartment complex in the R-1:10,000 zone at 42 Central Avenue, U-90-6. Property Owner/Appellant: Marlene Rodman. TC:D1:MM052091 May 20, 1991 Los Gatos, California HEARINGS CONTINUED CENTRAL AVE CONT. No one from the audience addressed this issue. Motion by Mrs. Benjamin, seconded by Mr. Carlson, to close the public hearing. Carried unanimously. Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council modify the Planning Commission's decision and approve Conditional Use Permit Application U-90-6 without the condition of approval requiring paving and striping of the parking area. Carried unanimously. Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council refer this item to the Town Attorney for preparation of the appropriate resolution. Carried unanimously. UNIVERSITY AVENUE 631/OFFICE/LM ZONE/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 Director in denying occupancy of a structure located at 631 University Ave. for office use and the finding that the proposed use is an office use for property in the LM zone. Architecture and Site Application: S-65-104A. Property: 631 University Ave. Appellant: Handel Jones. The following people from the audience spoke to this issue: Handel Jones, 14775 Sky Lane, discussing 631 University, explained his business as a publishing house for technical books which are produced on Desk Top Publishing. Spoke regarding sales tax collected and paid to State and IRS. Danny Mander, 226 Vista Del Monte, supported this business enterprise, stating the improvements to the property and assets to the community. Blaine Fields, 315 West Santa Clara, San Jose, Counsel to Mr. Jones, explained his client's business and his ability to collect sales tax. Is concerned with the disclosure of his client's tax return information. No one else from the audience addressed this issue. Motion by Mr. Carlson, seconded by Mrs. Benjamin, that Council continue this item to July 1, 1991, so that the appellant may return with evidence of collection of sales tax which will be reviewed by Council in a manner which will protect Mr. Jones' confidentiality. Carried unanimously. TAX AND LICENSE/BUSINESS LICENSE INCREASES/HEARING Mayor Ventura stated that this was the time and place duly noted for public hearing to TC:D1:MM052091 May 20, 1991 Los Gatos, California consider an increase in business license fees by amending the Town Code, Chapter 15, Licenses: Article II, Schedule; Section 15-27. Gross Receipts Tax; and Section 15-28. License Taxes for Specified Businesses. TC:D1:MM052091 May 20, 1991 Los Gatos, California HEARINGS CONTINUED TAX AND LICENSE CONT. The following people from the audience spoke to this issue: Joe Hargett, 95 Curch Street, President of L.G. Downtown Association, supports staff recommendation regarding the roll back on the increases for those business license holders that ultimately might agree to be within a business improvement district. Within the BID all members will pay on a fair share basis on their assessment agreement. This will benefit the Town by initiating full compliance as the BID will inventory all existing businesses in the proposed district. If this district is formed by the Council all businesses in the district would be required to pay at a predetermined assessed level. 51% of the assessed base would have to agree to this proposal at a protest hearing before Council could initiate the BID. This hearing is held on an annual basis. Ellen Graff, 805 Lilac Way, President of the Chamber of Commerce, asked for a continuance on this item until some more action can be taken concerning the BID. No one else from the audience addressed this issue. Motion by Mr. Carlson, seconded by Mrs. Benjamin, to close the public hearing. Carried unanimously. Mr. Blanton requested staff's explanation of the roll back provision when the BID is formulated. Assistant Town Manager, Mark Linder responded as follows: There are 700 businesses in the Central Business District which will be affected. The figures were calculated on the retail and professional licenses issued. The Town will at worst break even on the new district formulation and in the best evaluation, perhaps add some revenue with the proposal that doubles the cost of the license for the professional and exempts an increase from all in the BID when it is established. Motion by Mr. Carlson, seconded by Mr. Attaway, to increase the business license tax 100% on certain occupations which changes Town Code, Chapter 15, Article II, to read as follows: Section 15-28.14, Contractors (annual) $224; Section 15-28.16, Hospitals, Rest Homes $140; Section 15-28.38, Professional and Semiprofessional Occupations $200; Section 15-28.40, Service Occupations $100; Section 15-28.50 Trucking (annual) $140. Carried unanimously. Natalie West, Interim Town Attorney, stated that there was not a conflict of interest for Mayor Ventura to vote on the previous motion. Motion by Mr. Carlson, seconded by Mr. Blanton, to modify the proposed Ordinance with TC:D1:MM052091 May 20, 1991 Los Gatos, California the inclusion of the reduction to the current business licence tax for those businesses within the Central Business District which will be included in the formulation of the business improvement district. Carried unanimously. Motion by Mr. Carlson, seconded by Mr. Blanton, to delete the last paragraph in Section 15-28.38 on page six. Carried unanimously. TC:D1:MM052091 May 20, 1991 Los Gatos, California HEARINGS CONTINUED TAX AND LICENSE CONT. Motion by Mr. Carlson, seconded by Mr. Attaway, to continue this item to May 28, 1991 for the draft ordinance to return to Council with the appropriate wording for the central business district included. Carried unanimously. JOHNSON HOLLOW ROAD 101-105-109/STORM DRAIN/HEARING Mayor Ventura stated that this was the time and place duly noted for public hearing to consider intention to vacate a storm drainage easement and whether or not the easement is necessary for present or prospective public use at 101, 105 and 109 Johnson Hollow. The following person from the audience spoke regarding this subject: Steve Parsons, 101 Johnson Hollow, is fully in favor of staff's recommended action. No one else from the audience addressed this issue. Motion by Mr. Attaway, seconded by Mr. Carlson, to close the public hearing. Carried by a vote of 4 ayes. Mayor Ventura abstained due to a possible conflict of interest. Motion by Mrs. Benjamin, seconded by Mr. Carlson, that Council adopt Resolution 1991- entitled, RESOLUTION OF THE TOWN OF LOS GATOS ORDERING THE VACATION OF A STORM DRAINAGE EASEMENT LOCATED AT 101, 105 AND 109 JOHNSON HOLLOW. Carried by a vote of 4 ayes. Mayor Ventura abstained due to a possible conflict of interest COUNCIL RECESS Mayor Ventura declared a short recess at 9:00 p.m. The meeting was called back to order at 9:04 p.m.. Mayor Ventura stepped down from the dias due to a possible conflict of interest regarding the next issue. MAIN ST E. 214/TOBY'S INN/OGILVIE Vice-Mayor Carlson stated that this was the time and place duly noted for public hearing to consider appeal of the Director of Building Services decision to issue a Notice and Order for Substandard Housing Conditions at Toby's Motel. Property located at 214 East Main Street. Owner/Appellant: Eva Ogilvie. The following person from the audience spoke regarding this subject: Eva Ogilvie, owner of Toby's Inn, understand's the Building Director's decision but was requesting additional time to work with contractors in order to access the economics of demolishing and rebuilding versus remodeling and repairing. TC:D1:MM052091 May 20, 1991 Los Gatos, California No one else from the audience addressed this issue. Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council close the public hearing. Carried by a vote of 4 ayes. Mayor Ventura abstained. Motion by Mr. Blanton, seconded by Mrs. Benjamin, to deny the appeal explaining that the options Mrs. Ogilvie is pursuing remain open to her. Carried by a vote of 4 ayes. Mayor Ventura abstained. TC:D1:MM052091 May 20, 1991 Los Gatos, California HEARINGS CONTINUED Mayor Ventura returned to the dias at 9:11 p.m. SARATOGA AVE 50/LOS GATOS LODGE/PENALTY FEES/TOT/MC FATE/HEARING Mayor Ventura stated that this was the time and place duly noted for public hearing to consider an appeal by licensee regarding penalty fees imposed upon transient occupancy tax. Business Property: 50 Saratoga Ave., (Los Gatos Lodge). Owner/Appellant: Norman and Jean McFate The following person from the audience spoke regarding this subject: Norman McFate, 50 Saratoga Ave, Los Gatos Lodge, requested that Council formulate a payment plan by which delinquent taxes and penalties may be paid. No one else from the audience addressed this issue. Motion by Mrs. Benjamin, seconded by Mr. Carlson, to close the public hearing. Carried unanimously. Motion by Mr. Carlson, seconded by Mrs. Benjamin, that Council continue this item to July 1, 1991 for staff to submit a proposal regarding a payment plan for delinquent taxes and penalties. Carried unanimously. ZONING ORDINANCE AMENDMENTS/HEIGHT/HISTORIC PRESERVATION/HEARING Mayor Ventura stated that this was the time and place duly noted for public hearing to consider two Zoning Ordinance Amendments as follows: a.Heights of Structures b.Historic Preservation Committee There was no one in the audience to address this issue. Motion by Mr. Carlson, seconded by Mr. Attaway, to close the public hearing. Carried unanimously. Motion by Mr. Carlson, seconded by Mrs. Benjamin, that Council find the Zoning Ordinance Amendment is consistent with the General Plan and is simply a wording correction to a previously passed ordinance which was also consistent with the General Plan. Carried unanimously. Motion by Mr. Carlson, seconded by Mrs. Benjamin, that Council waive the reading of the Draft Ordinance. Carried unanimously. The Town Clerk read the title of the Draft Ordinance. May 20, 1991 Los Gatos, California Motion by Mr. Carlson, seconded by Mrs. Benjamin, that Council introduce Draft Ordinance entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONING ORDINANCE CONCERNING THE DUTIES OF THE HISTORIC PRESERVATION COMMITTEE. Carried unanimously. May 20, 1991 Los Gatos, California HEARINGS CONTINUED SANTA CRUZ AVE N 130/NOODLE PALACE/VARNI/MICRO BREWERY/LYKINS Mayor Ventura stated that this was the time and place duly noted for public hearing to consider an appeal of Planning Commission's decision to approve an application to re- establish a restaurant with expanded hours of operation and to include the brewing of beer on the premises on property in the C-2 zone. PROPERTY ADDRESS: 130 N. Santa Cruz Avenue ( Noodle Palace); PROPERTY OWNER: Dennis Varni; APPELLANT: Ronald Lykins (Micro Brewery). The following people from the audience spoke to this issue: Ronald Lykins, 119 University Ave., would like Council to consider additional buffering to the residential community on University that this business will generate. Requests additional action regarding noise, security, foot traffic, parking, and traffic flow. Robert Keller, applicant for the proposed restaurant, agreed to having a security officer until an hour after closing. Dan McFadden, 123 University, needs balance of use and mitigation of impact of commercial activities on the residential district. Scott Bloomfield, 115 University, requests that egress from the lower parking lot be to the left toward Santa Cruz and the egress from the upper lot be to the right toward Santa Cruz Ave. Also suggested moving the driveway from the lower parking lot to the side furthest from the residential area. Joan Perry, 119 University, opposes the new restaurant as a brewery and foresees volume of clients impacting the residents. Joe Carter, Ellenwood Ave., as a brewer feels that the brewery with restaurant is legitimate and claims that the food processing must be excellent in order to maintain a brewery which cannot stand on its own as a business. Food makes up three fourths of the business. Mike Nielsen, 793 McClelland Rd, Cupertino, spoke in favor of the new restaurant as an employee of this Town, and referred to business as a craft such as a winery or coffee house. Dennis Varni, 573 University, supports the new enterprise and has investigated other similar establishments which are primarily food businesses. Robert Keller, owner of the proposed restaurant, agreed to a review period after nine months of operation, will continue to work with the residential neighbors, will cooperate with the police department, will continue to address traffic concerns but requests that his undertaking not be caught up in the problems of the lower parking lot. Ronald Lykins, would like Council to consider making Grays Lane one way to Santa Cruz because of the problem turning onto University. Does not want Council to forget that the brewery will be distributing a great deal of beer even if it is a restaurant. Motion by Mr. Carlson, seconded by Mr. Attaway, that Council close the public hearing. Carried unanimously. May 20, 1991 Los Gatos, California Motion by Mrs. Benjamin, seconded by Mr. Carlson, that a security guard be employed until one hour after closing which will include Thursdays added to Fridays and Saturdays already requested. Carried unanimously. May 20, 1991 Los Gatos, California HEARINGS CONTINUED SANTA CRUZ AVE N 130/NOODLE PALACE/CONT. Motion by Mrs. Benjamin, seconded by Mr. Carlson, that a sign directing traffic out of the parking lots onto Grays Lane to Santa Cruz after 10 p.m. and including use of security guard when on duty. This motion to include a staff report. Carried unanimously. Motion by Mrs. Benjamin, seconded by Mr. Carlson, that there be a review period of nine months. Carried unanimously. Motion by Mrs. Benjamin, seconded by Mr. Attaway, that Council uphold Planning Commission decision and approve the Conditional Use Permit Application subject to conditions and to the amendments made by Council this evening. Carried unanimously. Motion by Mr. Carlson, seconded by Mrs. Benjamin, that Council have staff return with report on adding the three parking spaces on Grays Lane to the Edelen Permit Parking District. Carried unanimously. Mrs. Benjamin also requested staff to return with report on moving the ramp in the lower parking lot to the commercial side of the lot. PARR AVE W 634/ZONE CHANGE APPLICATION/MIDPENINSULA HOUSING/HEARING 634 W. Parr Avenue a. Zone Change Application Z-91-2 b. Negative Declaration ND-91-3 c. Subdivision Application M-91-3 d. Architecture and Site Application S-86-24B Mayor Ventura stated that this was the time and place duly noted for public hearing to consider a change of zone from "O" (Office) and R-1:8000 (single-family, 8,000 sq. ft. minimum lot size) to O-PD on approximately 3½ acres of property on the south side of Parr Avenue, east of Dardanelli Lane 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. A Negative Declaration is being prepared for this development. If no significant environmental impacts are identified as a result of this project, a Negative Declaration will be recommended and an Environmental Impact Report will not be required. PROPERTY OWNER: MidPeninsula Housing Coalition There was no one from the audience to speak to this issue at this time. Mayor Ventura noted that Council had already continued this item to June 10, 1991. May 20, 1991 Los Gatos, California Previous motion was repeated: Motion by Mr. Carlson, seconded by Mr. Blanton, that staff address the issues of parking, circulation and alternative proposals, study the intersection of Dardenelli and Parr for sight lines, notify Campbell of actions being taken, and schedule a neighborhood meeting for interested parties to be heard, which will be attended by two Councilmembers. This item will be continued to June 10, 1991. Carried unanimously. May 20, 1991 Los Gatos, California BUDGET /THIRD QUARTER 1990-91 Motion by Mrs. Benjamin, seconded by Mr. Carlson, that Council approve the increase in expenditures for the following: Planning Administration - Salaries 010-130-5110 - $4,900 Planning Administration - Benefits 010-130-5200 - $2,600 Advance Planning & Special Projects - Salaries 010-136-5110 - $910 Advance Planning & Special Projects - Benefits 010-136-5200 - $490 and approve the decrease in expenditures for the following: Engineering Administration - Salaries 010-410-5110 - $5,810 Engineering Administration - Benefits 010-410-5200 - $3,090 Mrs. Benjamin commented that within the Town Council's budget very little spending has been done by Council. There has been one approved trip by the Mayor to the League of California Cities and a purchase of a supply of keys to the city which should last for three years. These expenditures are extremely minimal when compared to the budgets of other municipalities. She requested that the statement in the budget read to the effect, "While Council is running ahead of budget to date the expectation is that Council will be below budget for the year." Carried unanimously. ANNEXATIONS TO THE TOWN OF LOS GATOS/RESOLUTIONS OF INITIATION LOS GATOS BOULEVARD NO. 12/ANNEXATION/RESOLUTION 1991-111 Motion by Mr. Carlson, seconded by Mr. Attaway, that Council adopt Resolution 1991-111 entitled, RESOLUTION INITIATING PROCEEDING FOR THE ANNEXATION OF CERTAIN INHABITED TERRITORY DESIGNATED AS LOS GATOS BOULEVARD NO. 12 TO THE TOWN OF LOS GATOS, which sets the matter for public hearing on June 17, 1991. Carried unanimously. BLOSSOM HILL MANOR NO. 5/ANNEXATION/RESOLUTION 1991-112 Motion by Mr. Carlson, seconded by Mr. Attaway, that Council adopt Resolution 1991-112 entitled, RESOLUTION INITIATING PROCEEDING FOR THE ANNEXATION OF CERTAIN INHABITED TERRITORY DESIGNATED AS BLOSSOM HILL MANOR N0. 5 TO THE TOWN OF LOS GATOS, which sets the matter for public hearing on June 17, 1991. Carried unanimously. LA RINCONADA NO. 5/ANNEXATION/RESOLUTION 1991-113 Motion by Mr. Carlson, seconded by Mr. Attaway, that Council adopt Resolution 1991-113 entitled, RESOLUTION INITIATING PROCEEDING FOR THE ANNEXATION OF CERTAIN INHABITED TERRITORY DESIGNATED AS LA RINCONADA NO. 5 TO THE TOWN OF LOS GATOS, which sets the matter for public hearing on June 24, 1991. Carried May 20, 1991 Los Gatos, California unanimously. BLOSSOM HILL MANOR NO. 6/ANNEXATION/RESOLUTION 1991-114 Motion by Mr. Carlson, seconded by Mr. Attaway, that Council adopt Resolution 1991-114 entitled, RESOLUTION INITIATING PROCEEDING FOR THE ANNEXATION OF CERTAIN INHABITED TERRITORY DESIGNATED AS BLOSSOM HILL MANOR NO. 6 TO THE TOWN OF LOS GATOS, which sets the matter for public hearing on June 24, 1991. Carried unanimously. May 20, 1991 Los Gatos, California ANNEXATIONS TO THE TOWN OF LOS GATOS/RESOLUTIONS OF INITIATION/CONT. SHANNON ROAD NO. 18/ANNEXATION/RESOLUTION 1991-115 Motion by Mr. Carlson, seconded by Mr. Attaway, that Council adopt Resolution 1991-115 entitled, RESOLUTION INITIATING PROCEEDING FOR THE ANNEXATION OF CERTAIN INHABITED TERRITORY DESIGNATED AS SHANNON ROAD NO. 18 TO THE TOWN OF LOS GATOS, which sets the matter for public hearing on July 2, 1991. Carried unanimously. Mayor Ventura appointed himself and Mrs. Benjamin as a subcommittee to work on the informational annexation brochure to be sent out by the Town. SOLID WASTE GENERATION STUDY/CONSULTANT CONTRACT/RESOLUTION 1991-116 Motion by Mr. Carlson, seconded by Mr. Attaway, that Council adopt Resolution 1991-116 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING EXECUTION OF A CONSULTANT AGREEMENT FOR SOLID WASTE GENERATION STUDIES, and a request was made of staff to provide Council with a report on the residential and commercial waste tonnage that is generated and other relevant information. Carried unanimously. UNIVERSITY AVE 404/SCOTT/OFFICE BUILDING/RESOLUTION 1991-117 Motion by Mr. Carlson, seconded by Mrs. Benjamin, that Council adopt Resolution 1991- 117 entitled, RESOLUTION OF THE TOWN OF LOS GATOS GRANTING THE APPEAL OF THE PLANNING COMMISSION'S DECISION AND REMANDING TO THE DESIGN REVIEW COMMITTEE AN APPLICATION FOR DEMOLITION OF AN EXISTING SINGLE FAMILY RESIDENCE AND THE CONSTRUCTION OF AN OFFICE BUILDING IN THE "O" (OFFICE) ZONE. ARCHITECTURE & SITE APPLICATION S-86-50, which incorporates the findings and decision at its meeting of May 6, 1991, and deletes the words add parking on site and inserts "review the adequacy of on site parking". Carried unanimously. MINUTES OF MAY 6, 1991 Mayor Ventura requested clarification to page 5 under the Health Department Presentation, to show that the Town had inquired of Mr. Powell as to whether we can anticipate the continued provision of service through West Valley Mental Health. Motion by Mr. Carlson, seconded by Mrs. Benjamin, to change the word approve on page 9 under parking requirements for fraternity and sorority houses to repeal. Carried unanimously. Consensus of Council to correct formula on page 8 to read as follows: (.40 - [A - 2 - 3 x .05]). Motion by Mrs. Benjamin, seconded by Mr. Carlson, that the minutes of May 6, 1991 be May 20, 1991 Los Gatos, California approved as corrected. Carried unanimously. SECOND STORY ADDITIONS/RESIDENTIAL DEVELOPMENT/RESOLUTION 1991-118 Motion by Mr. Carlson, seconded by Mrs. Benjamin, that Council adopt Resolution 1991- 118 entitled, RESOLUTION OF THE TOWN OF LOS GATOS MODIFYING THE RESIDENTIAL DEVELOPMENT STANDARDS. Carried unanimously. May 20, 1991 Los Gatos, California HANDICAPPED ACCESSIBILITY/RESIDENTIAL AND NON-RESIDENTIAL Motion by Mrs. Benjamin, seconded by Mr. Carlson, that this item be continued to June 17, 1991. Carried unanimously. COUNCIL COMMITTEE REPORTS Mayor Ventura announced that the Vasona EIR Hearing is set for Campbell City Hall on June 6, 1991 at 7:30 p.m. ADJOURNMENT Mayor Ventura announced the adjournment of this evening's Council meeting at 10:10 p.m. ATTEST: Marian V. Cosgrove Town Clerk