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M 12-16-91TOWN OF LOS GATOS CALIFORNIA TOWN COUNCIL/PARKING AUTHORITY December 16, 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 7:34 p.m., Monday, December 16, 1991, in regular session. ROLL CALL Present:Randy Attaway, Joanne Benjamin (arrived at 9:00 p.m.), Steven Blanton, Brent N. Ventura and Mayor Eric D. Carlson. Absent:None. PLEDGE OF ALLEGIANCE Given by all in attendance. YOUTH COMMISSION/APPOINTMENT/PATRICIA ERNSTROM Mayor Carlson announced that one application had been received from Patricia Ernstrom for the opening on the Youth Commission for an adult member. Motion by consensus to appoint Ms Ernstrom to a term to expire June 30, 1992. SCHEDULE OF PUBLIC HEARINGS Informational report regarding currently scheduled public hearings was received and filed. PAYROLL/RATIFICATION/NOVEMBER 1991 Motion by Mr. Blanton, seconded by Mr. Attaway, that Council ratify the accompanying check registers for payroll of November 10 through 23, 1991 and vacation cash out paid on December 6, 1991 in the amount of $244,377.61 paid on November 27 and December 6, 1991. Carried by 4 ayes. Mrs. Benjamin absent. ACCOUNTS PAYABLE/RATIFICATION/NOVEMBER 1991 Motion by Mr. Blanton, seconded by Mr. Attaway, that Council ratify accompanying check registers for accounts payable invoices in the amount of $400,062.66 paid on November 27, December 6 and 13, 1991. Carried by 4 ayes. Mrs. Benjamin absent. TC:D3:MM121691 CODE ENFORCEMENT/REFERRALS TO TOWN ATTORNEY Informational item received and filed. AB939/CONFORMANCE TO REQUIREMENTS/SOLID WASTE PROGRAM Motion by Mr. Blanton, seconded by Mr. Attaway, that Council accept status report regarding conformance with AB 939 requirements. Carried by 4 ayes. Mrs. Benjamin absent. TC:D3:MM121691 December 16, 1991 Los Gatos, California SANTA CRUZ AVE S 200/COMPLETION NOTICE Motion by Mr. Blanton, seconded by Mr. Attaway, that Council authorize the Mayor to execute and the Town Clerk to record a Certificate of Acceptance and Notice of Completion for 200 South Santa Cruz Ave. Carried by 4 ayes. Mrs. Benjamin absent. COLLEGE AVE 155/COMPLETION NOTICE Motion by Mr. Blanton, seconded by Mr. Attaway, that Council authorize the Mayor to execute and the Town Clerk to record a Certificate of acceptance and Notice of Completion for 155 College Ave. Carried by 4 ayes. Mrs. Benjamin absent. SANTA CRUZ AVE 664/FOUNTAIN COURT/POLICE TRAINING/RESOLUTION 1991-271 Motion by Mr. Blanton, seconded by Mr. Attaway, that Council adopt Resolution 1991- 271 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO EXECUTE AN AGREEMENT WITH LOUISE DRONKERT FOR USE OF PROPERTY AT 664 N. SANTA CRUZ AVENUE FOR POLICE TRAINING. Carried by 4 ayes. Mrs. Benjamin absent. HOUSEHOLD HAZARDOUS WASTE/MOU/COUNTY/AGREEMENT/RESOLUTION 1991-272 Motion by Mr. Blanton, seconded by Mr. Attaway, that Council adopt Resolution 1991- 272 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO EXECUTE A MEMORANDUM OF UNDERSTANDING AND FIRST AGREEMENT AMENDMENT WITH THE COUNTY OF SANTA CLARA FOR PARTICIPATION IN A HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM. Carried by 4 ayes. Mrs. Benjamin absent. POA/POLICE OFFICERS' ASSOCIATION/MOU/RESOLUTION 1991-273 Motion by Mr. Blanton, seconded by Mr. Attaway, that Council adopt Resolution 1991- 273 entitled, RESOLUTION OF THE TOWN OF LOS GATOS APPROVING MEMORANDUM OF UNDERSTANDING BETWEEN THE TOWN OF LOS GATOS AND POLICE OFFICERS' ASSOCIATION (POA). Carried by 4 ayes. Mrs. Benjamin absent. CENTRAL COURT 5/CUNNINGHAM/APPEAL/RESOLUTION 1991-274 Motion by Mr. Blanton, seconded by Mr. Attaway, that Council adopt Resolution 1991- 274 entitled, RESOLUTION OF THE TOWN OF LOS GATOS GRANTING THE APPEAL OF THE PLANNING COMMISSION DECISION APPROVING A REQUEST TO APPROVE PLANS FOR THE CONSTRUCTION OF A SINGLE-FAMILY RESIDENCE IN THE R- 1:10,000 ZONE ARCHITECTURE AND SITE APPLICATION S-91-60, which incorporates the Council findings and decision at its meeting of December 2, 1991. Carried by 4 ayes. Mrs. Benjamin absent. TC:D3:MM121691 December 16, 1991 Los Gatos, California SANTA CRUZ AVE N 41/LOS GATOS THEATER/CORMACK/RESOLUTION 1991-275 Motion by Mr. Blanton, seconded by Mr. Attaway, that Council adopt Resolution 1991- 275 entitled, RESOLUTION OF THE TOWN OF LOS GATOS APPROVING PLANS FOR A MINOR MODIFICATION TO THE EXTERIOR OF AN EXISTING THEATER TO PERMIT AN EXTERIOR DOOR TO THE SECOND FLOOR ON PROPERTY IN THE C-2-LHP ZONE, ARCHITECTURE AND SITE APPLICATION ES-91-41A, which incorporates the Council findings and decision at its meeting of December 2, 1991. Carried by 4 ayes. Mrs. Benjamin absent. TC:D3:MM121691 December 16, 1991 Los Gatos, California HEARINGS SANTA CRUZ AVE N. 21/(CRALL'S)/ANDALE TAQUERIA/RESTAURANT APPLICATION Mayor Carlson stated that this was the time and place duly noted for public hearing to consider a request for approval to open and operate a restaurant which includes the serving of wine and beer with meals, to buy into the Parking Assessment District and the construction of additional square footage to an earthquake damaged historic commercial building in the in the C-2 LHP zone, Conditional Use Permit Application EU-91-9A and Architecture and Site Application ES-91-74. Property located at 21 North Santa Cruz Avenue. Property owner, The Crall Estate. Applicant, Andale Taqueria. The following people from the audience spoke to this issue: Luis Sanchez, owner Andale Taqueria, 6 N. Santa Cruz, explained the expense of the project and asked for additional time in which to pay the parking in lieu fees, understanding the payment before occupancy requirement. Tom Hisata, architect for applicant, 265 Lytton Ave., Palo Alto, gave details concerning project. Mr. Ventura, asked the owner if he understood and agreed that they would not be able to occupy the premesis until they had paid the parking fees and the traffic impact fees. Mr. Sanchez, the owner, answered that he fully understood the requirement." No one else from the audience addressed this issue. Motion by Mr. Ventura, seconded by Mr. Attaway, that Council close the public hearing. Carried by 4 ayes. Mrs. Benjamin absent. Motion by Mr. Ventura, seconded by Mr. Attaway, that Council make the findings recited in the staff report as required by Section 5.20.210 of the Zoning Ordinance for the granting of a Conditional Use Permit. Carried by 4 ayes. Mrs. Benjamin absent. Motion by Mr. Ventura, seconded by Mr. Attaway, that Council make the findings recited in the staff report as required by Section 4.86.180(2) of the Zoning Ordinance for approval of work within an historic district. Carried by 4 ayes. Mrs. Benjamin absent. Motion by Mr. Ventura, seconded by Mr. Attaway, that Council approve Conditional Use Permit EU-81-68 and Architecture and Site Application ES-91-74 as recommended by the Earthquake Restoration Committee, subject to the conditions included in the Conclusion section of the staff report, and with the stipulation that parking in lieu fees and traffic impact fees be payable any time prior to certification of occupancy. Carried by 4 ayes. Mrs. Benjamin absent. Mr. Attaway and Mr. Ventura stated that normally there is reluctance to allow tandem parking or extension of fee payment schedules, but due to the unusual circumstances, and in order TC:D3:MM121691 December 16, 1991 Los Gatos, California to allow this building to be refurbished there is a need to extend the time for in lieu fee payments. UNIVERSITY AVE 237/EARTHQUAKE DAMAGE/HERNANDEZ/HEARING Mayor Carlson stated that this was the time and place duly noted for public hearing to consider an appeal of a decision of the Earthquake Restoration Committee denying the front porch reconfiguration of an earthquake damaged single family residence and the shape of a window in the proposed detached two car garage located in the R-1D LHP zone, Architecture and Site Application ES-91-49. Property located at 237 University Avenue. Property Owner, Mike and Dave Hernandez. TC:D3:MM121691 December 16, 1991 Los Gatos, California HEARINGS CONTINUED UNIVERSITY AVE CONT. The following people from the audience spoke to this issue: Mike Hernandez, 237 University Avenue, applicant, asked for consideration of new project plans. Gary Schloh, 213 Bean Avenue, architect for applicant, explained the details of the project and the need for the new porch design. No one else from the audience addressed this issue. Motion by Mr. Blanton, seconded by Mr. Ventura, that Council close the public hearing. Carried by 4 ayes. Mrs. Benjamin absent. Motion by Mr. Ventura, seconded by Mr. Attaway, that Council uphold the Los Gatos Earthquake Restoration Committee's decision in approving the application subject to the redesigning of the front porch. Carried by 3 ayes. Mr. Blanton voted no stating that a circular porch is inconsistent with the historic design. Mrs. Benjamin absent. Motion by Mr. Ventura, seconded by Mr. Attaway, that Council deny the request of the applicant to approve the redesigning of the window above the detached garage. Carried by 3 ayes. Mr. Blanton voted no. Mrs. Benjamin absent. Motion by Mr. Blanton, seconded by Mr. Ventura, that the roof over the bay window be flat. Mr. Attaway and Mr. Carlson vote no. Motion does not carry. Motion by Mr. Attaway, seconded by Mr. Carlson, to approve a sloped roof over the bay window. Carried by a vote of 3 ayes. Mr. Blanton voted no. PARKING/ZONING ORDINANCE AMENDMENT/A-91-3A/HEARING Mayor Carlson stated that this was the time and place duly noted for public hearing to consider an amendment to the Town Zoning Ordinance to replace a paragraph inadvertently deleted from a recent amendment to Section 3.50.050 regulating the duration of nonconforming uses (Parking), Zoning Ordinance Amendment A-91-3A. No one from the audience addressed this issue. Motion by Mr. Attaway, seconded by Mr. Ventura, that Council close the public hearing. Carried by 4 ayes. Mrs. Benjamin absent. TC:D3:MM121691 December 16, 1991 Los Gatos, California Motion by Mr. Attaway, seconded by Mr. Blanton, that Council find that the Zoning Ordinance Amendment is consistent with the General Plan. Carried by 4 ayes. Mrs. Benjamin absent. Motion by Mr. Attaway, seconded by Mr. Ventura, that Council waive the reading of the Draft Ordinance. Carried by 4 ayes. Mrs. Benjamin absent. The Town Clerk read the Title of the Draft Ordinance. TC:D3:MM121691 December 16, 1991 Los Gatos, California HEARINGS CONTINUED PARKING CONT. Motion by Mr. Attaway, seconded by Mr. Ventura, that Council introduce Draft Ordinance entitled, ORDINANCE OF THE TOWN OF LOS GATOS MODIFYING REGULATIONS FOR NONCONFORMING USES ALLOWING PROPERTIES WHICH ARE NONCONFORMING AS TO PARKING TO CONTINUE OPERATING WITH RESTRICTIONS. Carried by 4 ayes. Mrs. Benjamin absent. GENERAL PLAN AMEND/HISTORIC PRESERVATION/GP-91-2/RESOLUTION 1991-276 Mayor Carlson stated that this was the time and place duly noted for public hearing to consider an amendment to the General Plan's Conservation and Historic Preservation Element changing the qualification date of an historic structure from prior to 1917 to prior to 1941, General Plan Amendment GP-91-2. No one from the audience addressed this issue. Motion by Mr. Ventura, seconded by Mr. Attaway, that Council close the public hearing. Carried by 4 ayes. Mrs. Benjamin absent. Motion by Mr. Ventura, seconded by Mr. Attaway, that Council find that the General Plan Amendment to the Conservation and Historic Preservation Element is internally consistent with the General Plan. Carried by 4 ayes. Mrs. Benjamin absent. Motion by Mr. Ventura, seconded by Mr. Attaway, that Council adopt Resolution 1991- 276 entitled, RESOLUTION OF THE TOWN OF LOS GATOS CONCERNING AMENDMENTS TO THE CONSERVATION AND HISTORIC PRESERVATION ELEMENT OF THE GENERAL PLAN CHANGING THE QUALIFICATION DATE OF AN HISTORIC STRUCTURE. Carried by 4 ayes. Mrs. Benjamin absent. ORDINANCE AMENDMENTS/A-91-8/HD-80-1A/HD-84-2A/HD-86-1B Motion by Mr. Ventura, seconded by Mr. Attaway, that Council appoint committee of one, Mr. Ventura, to work with Planning Commission and Historic Preservation Committee on clarifying these ordinance amendments and continue the introduction of the following proposed ordinance amendments to January 21, 1992. Carried by 4 ayes. Mrs. Benjamin absent. Introduction of ordinance amending the Town Zoning Ordinance with respect to reports required for the demolition of structures in an Historic District Overlay Zone, A-91-8; TC:D3:MM121691 December 16, 1991 Los Gatos, California Introduction of ordinance amending the Almond Grove Historic District - Historic Designation Application HD-80-1A; Introduction of ordinance amending the Almond Grove Historic District - Historic Designation Application HD-80-2A; Introduction of ordinance amending the University/Edelen Historic District Designation Application HD-86-1B. TC:D3:MM121691 December 16, 1991 Los Gatos, California CONTAMINATED PUBLIC PROPERTY/PUBLIC NUISANCE Kate Anderton, Town Attorney, stated that this ordinance will declare that public property contaminated with certain identified materials and chemicals in fact constitutes a public nuisance. Those companies identified as possible and probable contaminators are PG&E and ConAgra whose activities historically have led to the conditions requiring remediation. Motion by Mr. Attaway, seconded by Mr. Blanton, that Council waive the reading of the Draft Ordinance. Carried by a vote of 4 ayes. Mrs. Benjamin absent. The Town Clerk read the Title of the Draft Ordinance. Motion by Mr. Attaway, seconded by Mr. Blanton, that Council introduce Draft Ordinance entitled, ORDINANCE OF THE TOWN OF LOS GATOS DECLARING CONTAMINATED PUBLIC PROPERTY A PUBLIC NUISANCE. Carried by a vote of 4 ayes. Mrs. Benjamin absent. LIBRARY STAFF/LEADERSHIP DEVELOPMENT/DALE WATSON & ASSOCIATES Mayor Carlson stated that this was the time and place duly noted to consider entering into a contract with Dale Watson & Associates, Inc. for leadership development training of senior library staff. This item was voted on and approved during the consent calendar. Motion by Mr. Blanton, seconded by Mr. Attaway that Council follow the recommended action. Carried by a vote of 4 ayes. Mrs. Benjamin absent. Ms Egan requested reconsideration at which time Mr. Ventura moved and Mr. Blanton seconded to reconsider this item after the public hearings. Carried by a vote of 4 ayes. Mrs. Benjamin absent. The following people from the audience spoke to this issue: Shirley Egan, requested reconsideration of this item due to the expense and suggested other avenues to expend the funds for the Library. No one else from the audience addressed this issue. Motion by Mr. Ventura, seconded by Mr. Attaway, that Council take no action on this item, and reagendize this matter to a closed session meeting. Carried by 4 ayes. Mrs. Benjamin absent. LOS GATOS BLVD 234/VACATION/PUBLIC RIGHT-OF-WAY/RESOLUTION 1991-277 Motion by Mr. Ventura, seconded by Mr. Attaway, that Council adopt Resolution 1991- 277 entitled, RESOLUTION OF THE TOWN OF LOS GATOS ORDERING THE VACATION OF A SIX-FOOT WIDE STRIP OF PUBLIC RIGHT-OF-WAY ALONG 234 LOS GATOS TC:D3:MM121691 December 16, 1991 Los Gatos, California BOULEVARD, and to refer this item to Parks, Forestry and Maintenance to investigate the use of street trees along this frontage property. Carried by 4 ayes. Mrs. Benjamin absent. SOLID WASTE MANAGEMENT/W.VALLEY CITIES/AGREEMENT/RESOLUTION 1991-278 Motion by Mr. Ventura, seconded by Mr. Carlson, to amend the proposed resolution in order to include a Citizens Rate Review Advisory Committee of a minimum of 4 persons. Motion failed. Mr. Ventura and Mr. Carlson voted yes. Mr. Attaway and Mr. Blanton voted no. Mrs. Benjamin absent. TC:D3:MM121691 December 16, 1991 Los Gatos, California SOLID WASTE CONT. Motion by Mr. Attaway, seconded by Mr. Blanton, that Council adopt Resolution 1991- 278 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING EXECUTION OF AN AMENDMENT TO THE AGREEMENT WITH THE CITY OF CAMPBELL, CITY OF MONTE SERENO, AND CITY OF SARATOGA FOR THE PROVISION OF SOLID WASTE MANAGEMENT SERVICES, and the Mayor write a letter of request that other communities consider the proposal of an advisory rate review committee, and that there is follow up at the West Valley Mayors' meeting so as to get the item on the agenda. Carried by 4 ayes. Mrs. Benjamin absent. APPROVAL OF MINUTES/DECEMBER 2, 1991 Mr. Ventura requested a correction to page 5, under Santa Cruz Ave, a motion by Mr. Attaway, the reference to a "10-inch wide tile band" should be replaced by the word "wainscoting" Motion by Mr. Ventura, seconded by Mr. Attaway, that Council approve the Minutes of December 2, 1991 as amended. Carried by a vote of 4 ayes. Mrs. Benjamin absent. CODIFICATION OF ORDINANCES/TOWN CODE/ORDINANCE INTRODUCTION Motion by Mr. Blanton, seconded by Mr. Attaway, that Council waive the reading of the proposed ordinance adopting a revision and recodification of the ordinances of the Town of Los Gatos entitled "The Code of the Town of Los Gatos". Carried by 4 ayes. Mrs. Benjamin absent. The Town Clerk read the title of the proposed ordinance. Motion by Mr. Blanton, seconded by Mr. Attaway, to introduce the proposed ordinance. Carried by a vote of 4 ayes. Mrs. Benjamin absent. AUTO DEALERS/SPECIAL EVENTS/DRAFT ZONING ORDINANCE CONSIDERATION Motion by Mr. Blanton, seconded by Mr. Attaway, to refer the draft ordinance amendments to the Planning Commission for public hearing and recommendations with report due back to the Town Council by February 3, 1992. Carried by a vote of 4 ayes. Mrs. Benjamin absent. COMPUTER SYSTEM/ACQUISITION/HARDWARE & SOFTWARE/INSTALLATION/TRAINING Mayor Carlson stated that he would be abstaining from this item due to a potential conflict of interest. Mr. Ventura questioned the staff about the source of the funds pursuant to these actions and how the expenditure of these funds are justified given other needs in the community. David TC:D3:MM121691 December 16, 1991 Los Gatos, California Knapp, Town Manager, stated that the funding will come from the equipment replacement fund. He believes this system to be necessary in order for the Town to be able to manage its financial resources with reliable financial information. Mr. Ventura asked the staff for an estimate of the amount of time it will take to complete the installation of systems to other departments that are overdue. Brian Jones, Information Systems Coordinator, stated that based on the current situation he does not see these systems being looked at for at least one year. Mr. Ventura asked if the price range for those systems is estimated to be lower, the same, or higher in the next year. Mr. Jones estimated between $250,000 and $300,000 for either of the systems. TC:D3:MM121691 December 16, 1991 Los Gatos, California COMPUTER SYSTEM CONT. Mr. Attaway asked the staff what vehicle they have that allows them to negotiate this contract versus going out for public bid. David Knapp, Town Manager, stated that it was an open bid, and the Town has the ability to do that because they are designing a system for the Town's specific individualized needs. Motion by Mr. Ventura, seconded by Mr. Attaway, that Council authorize the Town Manager to negotiate a contract with Hewlet-Packard Inc. and Pentamation Inc. for an administrative computer system and associated services, (not including a specialized police, library, or geobase system) and to bring the negotiated contract back to the Council for approval. Carried by a vote of 3 ayes. Mayor Carlson abstained. Mrs. Benjamin absent. PRIVATE IMPROVEMENTS IN PUBLIC RIGHT-OF-WAY/INTRODUCTION OF ORDINANCE Kate Anderton, Town Attorney, stated that there was an error in the agenda, it listed the proposed ordinance as an urgency ordinance when in fact it should be a regular ordinance. Mr. Blanton asked the staff to give some examples of things built in the public right-of-way that the proposed ordinance will deal with. Scott Baker, Director of Building and Engineering Services, stated that things such as lampposts, mailboxes, benches, and retaining walls. Mayor Carlson asked the staff why aesthetic improvements are ruled out. Scott Baker stated that this was for safety reasons. He stated that aesthetic improvements could be made if the Council finds community benefit from these improvements, and the Town could require a hold harmless agreement and provision of indemnification. Motion by Mr. Attaway, seconded by Mr. Ventura, that Council continue this item to the meeting of January 6, 1992. Carried by a vote of 4 ayes. Mrs. Benjamin absent. BOARD OF APPEALS/BUILDING DEPARTMENT/RESOLUTION 1991-279 Mayor Carlson asked Scott Baker, Director of Building and Engineering Services, if the recommended size of 5 members is the required size. Mr. Baker stated that it is not the required size, but is the normal size of a board of appeals. Motion by Mr. Attaway, seconded by Mr. Blanton, to adopt Resolution 1991-279 entitled, RESOLUTION OF THE TOWN OF LOS GATOS TO FORMALLY ESTABLISH TERMS AND CONDITIONS FOR BOARD OF APPEALS AN INTERPRETIVE BOARD TO THE DIRECTOR OF BUILDING SERVICES. Carried by a vote of 3 ayes. Mr. Ventura voted no. Mrs. Benjamin absent. COUNTY REFERRALS Motion by Mr. Ventura, seconded by Mr. Attaway, that Council approve the TC:D3:MM121691 December 16, 1991 Los Gatos, California recommended action appealing the County Board of Supervisors, and have the Mayor and Town Manager write a letter addressing the issue, and have Mr. Ventura act as a Committee of one to call the Board of Supervisors before the hearing concerning County Referrals: Status of Previous Referrals/Appeals: REFERRAL #LOCATION APPLICANT REQUEST RECOMMENDATION 2913-30-49-91V South end of Tourney Road DePalma Variance Town to file appeal Carried by a vote of 4 ayes. Mrs. Benjamin absent. TC:D3:MM121691 December 16, 1991 Los Gatos, California UNIVERSITY AVE 50/COMEDY CLUB/OLD TOWN THEATER/HEARING Mayor Carlson stated that this was the time and place duly noted for public hearing to consider an appeal of a Planning Commission decision to approve a request for permission to operate a comedy club in the Old Town Theater and to permit the sale of alcoholic beverages for consumption on the premises in the C-2-LHP zone, Conditional Use Permit Application U-91-19. Property Owner, Dover Mobile Estates. Applicant, Trevor Griffiths. Appellant, Barbara Spector. (Mrs. Benjamin arrived at 9:00 p.m.) The following people from the audience were opposed to this issue: Dianne Moody, 122 University Avenue, read the letter submitted by the Spectors (and submitted as part of record), agreeing fully with its comments. Dan McFadden, 123 University, stated the needs of the residential community that surrounds the Old Town Theater, and asked Council to consider those needs when making its decision. Dr. Robert Oats, 128 University, is in opposition due to the potential for additional late night noise. Kathy Morgan, 142 Wheeler Ave., supports the need for concern in addressing the problems facing the historical residential neighborhood adjacent to Old Town and Santa Cruz business districts, and to consider a desirable use for the theater in light of public convenience and welfare. Sharon Tedford, 122½ University, is upset about the garbage and noise in this neighborhood at present, and would like mediation before further impact is to be made. Mark Walkowski, 68 Miles, does not wish to see entertainment centers in Los Gatos or near his home. Tom Baer, 76 Oak Grove, spoke of the history of the area in question and the concerns of previous Council and Commission supporting both the residential neighborhood and business community concerns. John Voss, 234 Edelen, spoke regarding the preferential parking district and the need for enforcement. The following were in support of this issue: Trever Griffiths, 22130 Miller Ridge Road, applicant, stated that he believes that the Planning Commission not err in its 8 to 1 vote to approve the proposal. He stated that he does not believe that the Comedy Club will be a problem for the neighborhood because of the type of operation and the conditions that can be imposed upon the conditional use permit. Bev Politzer, 22130 Miller Ridge Road, co-applicant, did not feel the alternative suggestions from Council could accommodate the needs of their proposed business. Jennifer Leslie, 34 Los Gatos Boulevard, is in favor of an entertainment center for recreational purposes opening in Los Gatos, feeling that bars and restaurants are limiting TC:D3:MM121691 December 16, 1991 Los Gatos, California and theater type entertainment would be welcome. Marty Brezel, 14685 Oka Rd. #62, supported the positive environment of a well run comedy club and its benefit to the Town as a local means of entertainment. Rich Schulman, Property Manager of Old Town, pointed out the mitigation measures already taken to alleviate the problems of the impacts on the neighborhood due to business. Paul Griffiths, 904 Teakwood Crt., supported the comedy club as a viable business enterprise for this particular location. No one else from the audience addressed this issue. TC:D3:MM121691 December 16, 1991 Los Gatos, California COMEDY CLUB CONT. Motion by Mr. Blanton, seconded by Mr. Ventura, that Council close the public hearing. Carried unanimously. Mr. Ventura stated that the comedy club would not be a compatible use at Old Town, and that the Planning Commission had erred by not recognizing the Town's alcohol policy, the impact on the residential neighborhood, the alteration of an historical resource, and the change of the theater use. Mr. Carlson agreed with the impact on the neighborhood, the problem with parking and the need to adhere to the alcohol policy but felt it would be perfectly advisable to remodel the theater. The parking will be alleviated when the new parking structure is complete and the alcohol policy may be modified at a later date, but if it is it should be modified for everyone or at least specify the specific exceptions. Mr. Blanton feels that a comedy club would be very useful to the town adding vitality to the downtown district, but at this time the parking situation and impact on the residential area would be too great. Mrs. Benjamin feels that its very important to balance the quality of life in the neighborhood against the needs of the business community. She was willing to look at some alternatives but these were not viable for the proposed business; such as a two drink minimum; just serving beer and wine; limiting the lateness of the last show; and saving the historic flavor of the theater. Also stating that ther could be a Comedy Club in Town in a more appropriate location." Motion by Mr. Ventura, seconded by Mr. Blanton, to grant the appeal finding that the Planning Commission had erred by not citing the impact on the neighborhood; had not considered the Town alcohol policy as stated in a recent resolution; and had not considered the Old Town Theater as an historical community resource. Carried unanimously. Motion by Mr. Attaway, seconded by Mr. Blanton, that Council request staff to readdress the Town's alcohol policy to permit a comedy club and perhaps other exceptions to the current policy including location of service. These exceptions would have to clearly not impact a residential neighborhood but could be considered along Los Gatos Boulevard and the new transportation corridor. This motion to include the directive that every application involving alcohol service be given a copy of the Town's alcohol policy. Carried unanimously. ADJOURNMENT Motion by Mr. Attaway, seconded by Mr. Blanton, to adjourn the meeting at 10:48 p.m. TC:D3:MM121691 December 16, 1991 Los Gatos, California Carried unanimously. ATTEST: Marian V. Cosgrove Town Clerk TC:D3:MM121691