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M 05-03-931 TOWN OF LOS GATOS CALIFORNIA TOWN COUNCIL/PARKING May 3, 1993 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 7:33 p.m., Monday, May 3, 1993, in regular session. ROLL CALL Present:Randy Attaway, Steven Blanton, Linda Lubeck, Patrick O'Laughlin, and Mayor Joanne Benjamin. Absent:None. PLEDGE OF ALLEGIANCE Given by all in attendance. CLOSED SESSION James Jackson, Interim Town Attorney, reported that Council had met in Closed Session prior to this evening's meeting pursuant to Government Code Section 54957 to discuss Personnel item regarding Town Attorney Selection. This subject appears on tonight's agenda as Item 14 with the appropriate agreement for appointing the new attorney. Pursuant to Government Code Section 54956.9(a), Council met to discuss Pending Litigation regarding Worker's Compensation Claim of Larry Strom and EEOC Claim of Larry Strom. This item was not discussed this evening. MAYOR'S ANNOUNCEMENT Mayor Benjamin announced that Larry E. Anderson has been appointed by Council to be the new Town Attorney and will report for service June 1, 1993. The Mayor also thanked the public for the clean up services offered in planting flowers and beautifying downtown and the High School areas this past weekend. SCHEDULE OF PUBLIC HEARINGS (01.01) Informational report regarding currently scheduled public hearings was received and filed. COUNTY REFERRALS (02.47) Motion by Mr. Attaway, seconded by Mr. Blanton, that Council approve the TC:D5:MM050393 recommended action concerning County Referrals: Referral #Location Applicant Request Recommendation Projects Outside Urban Service Area: 767 Beggs Road Pennington Building Site/Architecture Site No Comment Grading Permit 5550 Knoll Rd.Smart SMR Architecture & Site Approval with Conditional Use Permit two conditions Carried unanimously. TC:D5:MM050393 May 3, 1993 Los Gatos, California PLANNING COMMISSION/PLANNING DEPARTMENT MONTHLY STATUS REPORT (03.47) Informational report regarding activity of Planning Commission and Department was received and filed. COUNCIL CALENDAR OF MEETINGS (04.10) Informational item presenting future Town Meetings for Council and other Town Boards and Commissions was received and filed. PAYROLL/RATIFICATION/APRIL 1993 (05.V) Motion by Mr. Attaway, seconded by Mr. Blanton, that Council ratify the accompanying check registers for payroll of March 28 through April 10, 1993 in the amount of $213,792.87 paid on April 16, 1993. Carried unanimously. ACCOUNTS PAYABLE/RATIFICATION/MARCH 1993 (06.V) Motion by Mr. Attaway, seconded by Mr. Blanton, that Council ratify accompanying check registers for accounts payable invoices in the amount of $350,851.08 paid on April 16, and 23, 1993. Carried unanimously. CLAIM REJECTION/CALIFORNIA AUTOMOBILE ASSOCIATION (07.01) Motion by Mr. Attaway, seconded by Mr. Blanton, that Council reject the claim of California Automobile Association filed April 2, 1993 with the Town Clerk. Carried unanimously. GROWTH MANAGEMENT/ABAG'S PLATFORM/SUPPORT AB 398 (08.17) Motion by Mr. Attaway, seconded by Mr. Blanton, that Council authorize Mayor to send letter to the Assembly Local Government Committee supporting Assembly Bill 398. Carried unanimously. 8907 PROJECT/LIVE OAK MANOR/8908 PROJECT/BLOSSOM HILL PARK 9004 PROJECT/BACHMAN PARK PLAYGROUND EQUIPMENT/COMPLETION NOTICE (09.26) Motion by Mr. Attaway, seconded by Mr. Blanton, that Council approve Certificate of Acceptance and Notice of Completion for Project 8907/8908/9004 (Live Oak Manor, Blossom Hill Park, and Bachman Park playground equipment), authorize the Town Manager to execute and the Town Clerk to record. Carried unanimously. OPEN SPACE MAINTENANCE DISTRICT 3/NAME CHANGE/RESOLUTION 1993-55 (10.04) Motion by Mr. Attaway, seconded by Mr. Blanton, that Council adopt Resolution 1993-55 entitled, RESOLUTION OF THE TOWN OF LOS GATOS TO CHANGE THE NAME OF VASONA HILLS OPEN SPACE MAINTENANCE DISTRICT TO OPEN SPACE TC:D5:MM050393 May 3, 1993 Los Gatos, California MAINTENANCE DISTRICT 3. Carried unanimously. HIGHWAY MAINTENANCE/CALIFORNIA DEPARTMENT OF TRANSPORTATION (12.35) RESOLUTION 1993-56 Motion by Mr. Attaway, seconded by Mr. Blanton, that Council adopt Resolution 1993-56 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO EXECUTE AN AMENDED AGREEMENT FOR MAINTENANCE OF STATE HIGHWAYS IN THE TOWN OF LOS GATOS WITH CALIFORNIA DEPARTMENT OF TRANSPORTATION. Carried unanimously. TC:D5:MM050393 May 3, 1993 Los Gatos, California HOUSING REHABILITATION SERVICES/CELIA CALLENDER/RESOLUTION 1993-57 (13.19) Motion by Mr. Attaway, seconded by Mr. Blanton, that Council adopt Resolution 1993-57 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO EXECUTE A LETTER OF AGREEMENT WITH CELIA CALLENDER FOR HOUSING REHABILITATION SERVICES. Carried unanimously. Motion by Mr. Attaway, seconded by Mr. Blanton, that Council authorize transfer of $6,440 from Salary Account 8030-51100 to Account 8030-61004 and $2,760 from Benefit Accounts 8030-52100 and 8030-52175 to Account 8030-61004. Carried unanimously. TOWN ATTORNEY/LETTER OF AGREEMENT/RESOLUTION 1993-58 (14.10) Motion by Mr. Attaway, seconded by Mr. Blanton, that Council adopt Resolution 1993-58 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING MAYOR TO EXECUTE AN AGREEMENT FOR TOWN ATTORNEY SERVICES. Carried unanimously. AUDIT/FIXED ASSETS/MAZE & ASSOCIATES/RESOLUTION 1993-59 (15.06) Motion by Mr. Attaway, seconded by Mr. Blanton, that Council adopt Resolution 1993-59 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO EXECUTE LETTER OF AGREEMENT AUTHORIZING ADDITIONAL PAYMENT TO MAZE & ASSOCIATES FOR SUPPLEMENTAL AUDIT WORK ON FIXED ASSETS. Carried unanimously. Motion by Mr. Attaway, seconded by Mr. Blanton, that Council transfer $4,994 from Reserve for Economic Uncertainty Account 100-365 to GTA Account 1111-61010. Carried unanimously. STORM WATER/POLLUTION CONTROL/ORDINANCE 1940 (16.07) Motion by Mr. Attaway, seconded by Mr. Blanton, that Council adopt Ordinance 1940 entitled, ORDINANCE OF THE TOWN OF LOS GATOS ESTABLISHING REQUIREMENTS FOR STORM WATER POLLUTION CONTROL. Carried unanimously. TREE PROTECTION/MEASUREMENT OF SIZE/ORDINANCE 1941 (17.26) Motion by Mr. Attaway, seconded by Mr. Blanton, that Council adopt Ordinance 1941 entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE TREE PROTECTION ORDINANCE SPECIFYING ALTERNATIVE METHODS OF MEASURING THE SIZE OF TREES. Carried unanimously. HEARINGS TC:D5:MM050393 May 3, 1993 Los Gatos, California FEES/RATES/CHARGES/TOWN SERVICES/HEARING (18.05) Mayor Benjamin stated that this was the time and place duly noted for public hearing to consider adopting resolution containing certain departmental fees, rates and charges, and amending certain fees, rates and charges. TC:D5:MM050393 May 3, 1993 Los Gatos, California FEES & CHARGES CONT. The following people from the audience spoke to this issue: David Gravell, representing the Los Gatos Police Officers Association, spoke in support of the increase of fees to cover the costs of special services. Phil Knopf, 17400 East Vineland, Monte Sereno, representing the Little League and Soccer players of this area. Expressed the view that the fees proposed in the youth activities area are too high. Spoke of the organization's maintenance and improvement efforts at the various locations. Paul Zebb, 25977 Highland Way, Little League representative, requested Council's reconsideration on raising the fees for playing fields. No one else from the audience addressed this issue. Motion by Mr. Blanton, seconded by Mr. Attaway, that Council close the public hearing. Carried unanimously. Mrs. Lubeck commented on the Investigation Fee in the Building Services Department, stating that the amnesty period should be well advertised in the local paper and in the Mercury News and Council should budget for the notification. She also noted under the Community Services fees that tenants should be charged on a cumulative annual basis and that fact should be noted in the fee schedule as discussed by Council at the April 19, 1993 meeting. Motion by Mr. Attaway, seconded by Mr. O'Laughlin, that Council approve the fees suggested in the Building, Engineering and Community Services Departments. Carried unanimously. Consensus by Council that the following fees be amended: Mayor Benjamin asked that the Historic District fees be no more than the two family units, or $2,570 under the Architecture and Site Application. Consensus that the appeals fees for Planning Commission and Historic Preservation not be implemented, but that the tree removal application fee remain in the schedule. Mrs. Lubeck noted that Item F, "Historic", should be the same as other fees. That Planning Fees return to Council May 17, 1993. Council requests: Mr. Attaway requested comparisons with other cities regarding the Planning Fees. Mr. Blanton requested information regarding items 19-23 and explanation of their solid cost recovery basis, and the direct service associated with them that the applicant is receiving. Motion by Mrs. Lubeck, seconded by Mr. Attaway, to adopt the Library Department fees. TC:D5:MM050393 May 3, 1993 Los Gatos, California Carried unanimously. Motion by Mrs. Lubeck, seconded by Mr. O'Laughlin, that the fees for Specific Park Use be $75. Carried by a vote of 3 ayes. Mr. Attaway and Mr. Blanton voted no. (Nullified) Motion by Mrs. Lubeck, seconded by Mr. O'Laughlin, that the fees for Group B.B.Q Fees be $50 for one site and $75 for two sites. Carried by a vote of 3 ayes. Mr. Attaway and Mr. Blanton voted no with the belief that more consideration should go into the rational for raising the fees. (Nullified) TC:D5:MM050393 May 3, 1993 Los Gatos, California FEES & CHARGES CONT. Mr. O'Laughlin suggested that local athletic groups who participate in the maintenance of the fields be charge a small fee and groups who do not participate in the maintenance duties be charged more. A mechanism to evaluate contributions is needed. Motion by Mr. O'Laughlin, seconded by Mrs. Lubeck, that the Fee Schedule for the Parks Department be continued to May 17, 1993 and return to Council with recommendations for fees assessed athletic groups. Carried unanimously. (Nullified) Motion by Mayor Benjamin, seconded by Mrs. Lubeck, to return the whole question of Park Fees to Council May 17, 1993 with additional information and suggestions from the Parks Department. This motion nullifies the previous motions regarding Parks. Carried unanimously. Motion by Mrs. Lubeck, seconded by Mr. Attaway, to approve the General Administration Fees with a small correction in the agendas section which replaces the word and for or Carried unanimously. Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council approve the Police Department Fees. Carried unanimously. PLANNED DEVELOPMENT/A-92-9/ORDINANCE INTRODUCTION/HEARING (19.46) Mayor Benjamin stated that this was the time and place duly noted for public hearing to consider introducing an ordinance amending the Town Code concerning the filing of development applications on property with a planned development overlay zone, zoning ordinance amendment A-92-9. This matter is a change in administrative procedure that could not possibly have a significant effect on the environment, therefore, the project is not subject to the California Environmental Quality Act (Sec. 15061 (b) (3) ). Applicant: Town of Los Gatos. There was no one from the audience to address this issue. Motion by Mrs. Lubeck, seconded by Mr. Blanton, that Council close the public hearing. Carried by a vote of 4 ayes. Mr. Attaway had left the room. The Town Clerk read the Title of the Draft Ordinance. Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council waive the reading of the Draft Ordinance. Carried by a vote of 4 ayes. Mr. Attaway had left the room. Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council introduce Draft Ordinance TC:D5:MM050393 May 3, 1993 Los Gatos, California entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONING ORDINANCE OF THE TOWN CODE CONCERNING THE FILING OF APPLICATIONS OF PROPERTY WITH A PLANNED DEVELOPMENT OVERLAY ZONE. Carried unanimously. LOS GATOS-ALMADEN RD 16055/Z-87-4A/ORDINANCE INTRODUCTION/HEARING (20.09) Mayor Benjamin stated that this was the time and place duly noted for public hearing to consider introducing an ordinance affirming Planning Commission recommendation on a request for a change in zone from R-1:8000 (single-family residential, 8,000 sq. ft. minimum lot size) to R-1:8000-PD (single-family residential, 8,000 s. ft. minimum lot size-planned development) to TC:D5:MM050393 May 3, 1993 Los Gatos, California HEARINGS CONT. LOS GATOS-ALMADEN RD CONT. permit the subdivision of two existing parcels into six lots, to relocate an existing single- family onto one of the lots and to construct four new single family residences. The action of the Planning Commission was to recommend that only three new lots be created and that the existing single-family residence be retained generally in its existing location. Negative Declaration ND-92-4 and Zone Change Application Z-87-4A. Property located at 16055 Los Gatos-Almaden Road. Property owners, David Goodwin and Jeffery Osborn. Applicant, Los Gatos Pines Partnership. The following people from the audience spoke to this issue: Joseph Lewis, Engineer and Partner to this project. Asked that Council approve the project as submitted, stating that it is good for the Town. Carol Ann Weber, representing the Los Gatos Trails and Bikeways Committee, spoke against the project due to lack of room for bike ways. Ross Kipp, 15485 National, home owner, thinks it will improve the neighborhood. Vic Trekilas, 115 Loma Vista Crt, as a resident, approves the project. Lois Miller, 15710 Loma Vista Ave, feels that there is a need for more office space for the school and does not think there is a parking problem. Jeff Osborn, Pepper Tree School owner, 16035 Los Gatos-Almaden Road, would like to develop this property and improve the school by improving the area. There were no other speakers from the audience. Motion by Mr. Attaway, seconded by Mr. Blanton, to close the public hearing. Carried unanimously. Council Comments: Mr. Attaway stated that this substandard proposal does not demonstrated a community benefit which is a benefit to all. Mr. Blanton feels that there is community benefit observing the neighbors who approve the project, the sound wall which will be built to mitigate problems with noise. Mayor Benjamin feels that four lots may work and that the fifth lot would be too much. The community benefit would be the school contributing the fifth lot and perhaps some additional parking. She can only support what the Planning commission supported. She feels that his project is more in keeping with the home styles of the area and meets with the neighborhood's approval. Mrs. Lubeck could support the Planning Commission if the original house can be moved on TC:D5:MM050393 May 3, 1993 Los Gatos, California to the back of the property. Motion by Mr. Attaway, seconded by Mr. O'Laughlin, that Council deny the application because it is not of strong enough community benefit and that Planning Commissioners also stated that belief. Failed with a vote of 3 noes and 2 ayes. TC:D5:MM050393 May 3, 1993 Los Gatos, California HEARINGS CONT. LOS GATOS-ALMADEN RD CONT. Motion by Mayor Benjamin, seconded by Mrs Lubeck, that Council accept the Planning Commission's recommendation and modify portions on Page 1, Section II, of the Ordinance, by deleting that #1 which reads, "Maintaining the existing single-family dwelling in its present location;", deleting #5 which reads, "Subdivision of the property that now contains the pre- school shall not be subdivided until the school use ceases;", and amending #2 to read, "Construction of four single-family dwellings;". Council also makes the Negative Declaration. Carried by a vote of 4 ayes. Mr. Attaway voted no. Motion by Mrs. Lubeck, seconded by Mr. O'Laughlin, that council find that the zone change is consistent with the General Plan. Carried unanimously. The Town Clerk read the Title of the Draft Ordinance. Motion by Mrs. Lubeck, seconded by Mr. Blanton, that Council direct the applicant to revise the official development plan to reflect the Planning Commission approval and the Council amendments. Carried by a vote of 4 ayes. Mr. Attaway voted no. Motion by Mrs. Lubeck, seconded by Mr. Blanton, that Council introduce Draft Ordinance entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONING ORDINANCE EFFECTING A ZONE CHANGE FROM R-1:8 TO R-1:8-PD FOR PROPERTY AT 16055 AND 16035 LOS GATOS-ALMADEN ROAD, with the applicant's understanding that the ordinance will not be adopted until a revised plan is submitted. Carried by a vote of 4 ayes. Mr. Attaway voted no. TRAILS AND BIKEWAYS COMMITTEE/GOALS & DUTIES/RESOLUTION 1993-60 (11.20) Carol Ann Weber, spoke to the issues concerning the Trails Committee, and explained the need to make the changes before Council this evening. Consensus of Council to make the Park Commissioner, the Planning Commissioner and the Councilmember non voting members of the Committee due to the problem of maintaining a quorum with the number of members involved. Though, as members appointed to the Committee, they are required to be in attendance. Carried unanimously. Council moved on with the meeting and returned to this item for adoption of the ordinance after the following items on the agenda. TC:D5:MM050393 May 3, 1993 Los Gatos, California MINUTES OF APRIL 19, 1993 (21.V) Mr. Attaway requested correction of page 5, in the third motion from the bottom of the page that the monetary figure in the motion be $900,000 from the University Ave fund as reflected in the report. TC:D5:MM050393 May 3, 1993 Los Gatos, California MINUTES OF APRIL CONT. Mrs. Lubeck requested a spelling correction to a name on page 4 under the Short Rd Subdivision. Carey Hill should be Carey Yeo. Mayor Benjamin requested a correction in her statement on page 9 under Old Town Development to reflect that she would not reduce parking requirements even if the project's units were smaller ones. Motion by Mrs. Lubeck, seconded by Mr. Attaway, that Council approve the Minutes of April 19, 1993 as amended. Carried by a vote of 4 ayes. Mr. O'Laughlin abstained. OLD TOWN/DEVELOPMENT POLICY/RECOMMENDATIONS/RESOLUTION 1993-61 (22.09) Mayor Benjamin stated that this was the time and place duly noted to consider adopting resolution of development policy for Old Town as recommended by Planning Commission. The following people from the audience addressed this issue: Tim Wilkins, 50 University Ave., spoke of the statistics of the present structure which is 32% restaurants, 40% office space, 12% retail, and 14% theater. He also addressed the mixed use concept if well designed. No one else from the audience addressed this issue. Motion by Mayor Benjamin, seconded by Mr. Blanton, that in item #2, hotel use may rather than "should" be considered. Failed by a vote of 3 noes, 2 ayes. Motion by Mr. Attaway, seconded by Mayor Benjamin, that in item #1, mixed use be considered only when retail is the major architectural and primary component of an excellent developmental design. Carried unanimously. Motion by Mrs. Lubeck, seconded by Mr. O'Laughlin, that item #2 be dropped from the policy. Carried by a vote of 3 ayes. Mayor Benjamin and Mr. Blanton voted no. Mr. O'Laughlin clarified the fact that it is Council's intent that work on the new development be simultaneously accomplished with work on the original Old Town complex. Mr. Knapp, Town Manager, suggested these word for item #10. "Improvement of the existing Old Town structures must be assured before development occurs on the property west of University." TC:D5:MM050393 May 3, 1993 Los Gatos, California Motion by Mr. Blanton, seconded by Mr. O'Laughlin, that Council adopt Resolution 1993- 61 entitled, RESOLUTION OF THE TOWN OF LOS GATOS ADOPTING A DEVELOPMENT POLICY FOR OLD TOWN PROPERTIES, which would include the changes and amendments made by Council this evening. Carried unanimously. TC:D5:MM050393 May 3, 1993 Los Gatos, California TRAILS AND BIKEWAYS COMMITTEE/GOALS & DUTIES/RESOLUTION 1993-60 (11.20) Continued from two items before on this agenda. Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council adopt Resolution 1993-60 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AMENDING RESOLUTION 1992- 175 CHANGING THE NAME OF THE TRAILS COMMITTEE TO TRAILS AND BIKEWAYS COMMITTEE AND EXPANDING POWERS, GOALS, DUTIES, AND RESPONSIBILITIES OF THE COMMITTEE, including the following amendments: Paragraph 1. First Sentence: "The Trails and Bikeways Committee shall consist of ten (10) voting community members; one (1) non-voting Council member; one (1) non-voting Planning Commission member; and one (1) non-voting Park Commission member. Paragraph 3. Third Sentence: A majority of the ten (10) voting community members of the Trails and Bikeways Committee shall constitute a quorum for the purpose of transacting the business of the Committee. Carried unanimously. IN-FILL DEVELOPMENT/RESOLUTION 1993-62 (23.47) Mayor Benjamin stated that this was the time and place duly noted for public to consider adoption of resolution on in-fill development. Motion by Mrs. Lubeck, seconded by Mr. Attaway, that Council adopt Resolution 1993- entitled, RESOLUTION OF THE TOWN OF LOS GATOS ADOPTING A DEVELOPMENT POLICY FOR IN-FILL PROJECTS, with the following policy delineated: 1.In-fill projects should contribute to the further development of the surrounding neighborhood (i.e. improve circulation, contribute to or provide neighborhood unity, eliminate a blighted area, not detract from the existing quality of life. 2.An in-fill project should be designed in context with the neighborhood and the surrounding zoning with respect to the existing scale and character of surrounding structures, provide comparable lot sizes and open space, consider garage placement, setbacks, density, provide adequate circulation and on-street parking. In-fill development should blend rather than compete with the established character of an area. 3.Corridor lot may be considered if it decreases the amount of public street and is consistent with objectives #1 and #2. It must be demonstrated that a benefit to surrounding properties is being provided. 4.The Planned Development process should only be used to accomplish objectives #1 and #2 of this policy. The applicant shall demonstrate the benefit of a Planned Development through excellence in design. 5.In-fill projects are not generally encouraged and approval will depend on demonstration of an exceptionally strong and clear community benefit and that benefit must TC:D5:MM050393 May 3, 1993 Los Gatos, California be made a part of the public record. 6.Any new development proposal shall be reviewed by the Conceptual Development Advisory Committee. Carried by a vote of 4 ayes. Mr. Blanton voted no stating that Council needed room for discretion when community benefit is to be defined. TC:D5:MM050393 May 3, 1993 Los Gatos, California WATER CONSERVATION/VOLUNTARY PRACTICES/RESOLUTION 1993-63 (24.38) Mayor Benjamin stated that this was the time and place duly noted to consider introducing ordinance repealing Ordinance 1909 relating to water conservation and adopting resolution requesting voluntary water conservation practices and commending the citizens of Los Gatos. The Town Clerk read the Title of the Draft Ordinance. Motion by Mrs. Lubeck, seconded by Mr. Blanton, that Council waive the reading of the Draft Ordinance. Carried unanimously. Motion by Mrs Lubeck, seconded by Mr. Attaway, that Council introduce Draft Ordinance entitled, ORDINANCE OF THE TOWN OF LOS GATOS REPEALING ORDINANCE 1909 RELATING TO WATER CONSERVATION. Carried unanimously. Motion by Mr. Blanton, seconded by Mr. Attaway, that Council adopt Resolution 1993-63 entitled, RESOLUTION OF THE TOWN OF LOS GATOS REQUESTING VOLUNTARY WATER CONSERVATION PRACTICES AND COMMENDING THE CITIZENS OF LOS GATOS. Carried unanimously. ADJOURNMENT Motion by Mr. Blanton, seconded by Mr. O'Laughlin, to adjourn this meeting at 10:40 p.m. Carried unanimously. ATTEST: Marian V. Cosgrove Town Clerk TC:D5:MM050393