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M 07-19-93TOWN OF LOS GATOS CALIFORNIA TOWN COUNCIL/PARKING AUTHORITY July 19, 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 7:34 p.m., Monday, July 19, 1993, in regular session. ROLL CALL Present:Randy Attaway, Steven Blanton, Linda Lubeck, and Mayor Joanne Benjamin. Absent:Patrick O'Laughlin PLEDGE OF ALLEGIANCE Given by all in attendance. CLOSED SESSION Larry Anderson, 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: Carstens v. Town of Los Gatos, Santa Clara County Superior Court Case no. 726732. Council gave instructions regarding litigation procedures. Workers' Compensation Claim of Steven Yep. Workers' Compensation No SJO 0138766. Instructions were given on a interim settlement agreement with details to be considered at later date. Bankruptcy of Charles Zaloumis, U.S. Bankruptcy Northern District No. 93-42776. Council authorized the filing of a complaint in the bankruptcy proceeding in order to protect the Town's position. Terry Mullanix v Town of Los Gatos, et al, Santa Clara County Superior Court, Action 727226. Council authorized settlement of case on a mutual dismissal of the causes of action. TC:D5:MM071993 Present Litigation Status Report was given to Council in an overview. 9306 PROJECT/QUITO BRIDGE/PROGRESSIVE PACIFIC/RESOLUTION 1993-104 (01.35) Motion by Mr. Attaway, seconded by Mr. Blanton, that Council adopt Resolution 1993- 104 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH PROGRESSIVE PACIFIC FOR THE CONSTRUCTION OF PROJECT 9306 - QUITO ROAD BRIDGE, with the stipulation that staff request that Saratoga share equally in the cost of the project. Carried by a vote of 4 ayes. Mr. O'Laughlin absent. TC:D5:MM071993 July 19, 1993 Los Gatos, California STORM DRAINS/9309 PROJECT/WHEELER & YOSEMITE/9312 PROJECT/BAYVIEW & MAIN 9315 PROJECT/COLLEGE & GIBERSON/9316 PROJECT/BELCREST/RESOLUTION 1993-105 (02.35) Elli Gerhardt, 141 Wheeler Ave., spoke to Council requesting her property be connected to the new storm drain at a low rate since she has given a storm drain easement to the Town for many years Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council adopt Resolution 1993- 105 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH PFISTER EXCAVATION FOR STORM DRAIN PROJECT 9309 - WHEELER AVENUE AND YOSEMITE WAY, PROJECT 9312 - BAYVIEW AVENUE AT MAIN STREET, PROJECT 9315 - COLLEGE AVENUE AT LOWER GIBERSON ROAD, AND PROJECT 9316 - BELCREST DRIVE, with the stipulation that an amendment may be added at a future time. Carried by a vote of 4 ayes. Mr. O'Laughlin absent. LIBRARY COMPUTER SYSTEM/REYNOLDS ELECTRIC/RESOLUTION 1993-106 CABLE TECH/RESOLUTION 1993-107 (03.28) Motion by Mr. Attaway, seconded by Mr. Blanton, that Council adopt Resolution 1993- 106 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO EXECUTE AN AGREEMENT WITH C.H. REYNOLDS ELECTRIC, INCORPORATED. Carried by a vote of 4 ayes. Mr. O'Laughlin absent. Motion by Mr. Attaway, seconded by Mr. Blanton, that Council adopt Resolution 1993- 107 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO EXECUTE AN AGREEMENT WITH CABLE TECH, INCORPORATED. Carried by a vote of 4 ayes. Mr. O'Laughlin absent. SCHEDULE OF PUBLIC HEARINGS (04.01) Informational report regarding currently scheduled public hearings was received and filed. CODE COMPLIANCE/QUARTERLY REPORT (05.47) Informational report from the Code Compliance Officer regarding abatement of code violations was received and filed. PAYROLL/RATIFICATION/JUNE 1993 (06.V) Motion by Mrs. Lubeck, seconded by Mr. Attaway, that Council ratify the accompanying TC:D5:MM071993 July 19, 1993 Los Gatos, California check registers for payroll of June 20 through July 3, 1993 in the amount of $212,531.33 paid on July 9, 1993. Carried by a vote of 4 ayes. Mr. O'Laughlin absent. ACCOUNTS PAYABLE/RATIFICATION/JULY 1993 (07.V) Motion by Mrs. Lubeck, seconded by Mr. Attaway, that Council ratify accompanying check registers for accounts payable invoices in the amount of $216,061.37 paid on July 9, 1993. Carried by a vote of 4 ayes. Mr. O'Laughlin absent. TC:D5:MM071993 July 19, 1993 Los Gatos, California HOUSING/REHABILITATION SERVICES/FUND TRANSFERS (08.19) Motion by Mrs. Lubeck, seconded by Mr. Attaway, that Council authorize transfer of funds for housing rehabilitation services within the housing and community grant programs as specified in the staff report. Carried by a vote of 4 ayes. Mr. O'Laughlin absent. EXCUSED ABSENCE/PATRICK O'LAUGHLIN (09.10) Motion by Mrs. Lubeck, seconded by Mr. Attaway, that Council excuse Councilmember Patrick O'Laughlin from Council Meetings until he has recovered from surgery. Carried by a vote of 4 ayes. Mr. O'Laughlin absent. 9317 PROJECT/NEIGHBORHOOD CENTER/ROOFING/SEISMIC UPGRADE RESOLUTION 1993-108 (10.43) Motion by Mrs. Lubeck, seconded by Mr. Attaway, that Council adopt Resolution 1993- 108 entitled, RESOLUTION OF THE TOWN OF LOS GATOS APPROVING PLANS AND SPECIFICATIONS FOR PROJECT 9317 - NEIGHBORHOOD CENTER RE-ROOFING AND SEISMIC UPGRADE. Carried by a vote of 4 ayes. Mr. O'Laughlin absent. DELTA DENTAL PLAN/RESOLUTION 1993-109 (11.12) Motion by Mrs. Lubeck, seconded by Mr. Attaway, that Council adopt Resolution 1993- 109 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO EXECUTE AMENDMENT TO AGREEMENT WITH DELTA DENTAL PLAN. Carried by a vote of 4 ayes. Mr. O'Laughlin was absent. SPORT COURTS/LIGHTING/ZONING AMENDMENT/ORDINANCE 1950 (12.46) Motion by Mrs. Lubeck, seconded by Mr. Attaway, that Council adopt Ordinance 1950 entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING SECTION 29.40.025 OF THE TOWN CODE TO REGULATE THE LIGHTING OF SPORT COURTS. Carried by a vote of 4 ayes. Mr. O'Laughlin absent. HEARINGS TREE REMOVAL/CAMINO DEL CERRO 15681/APPEAL/HEARING (15.09) Mayor Benjamin stated that this was the time and place duly noted for public hearing to consider an appeal of a decision of the Planning Commission to uphold a decision of the Planning Director in denying an application to remove a protected tree on property in the R- 1:8000 zone. Property located at 15681 Camino Del Cerro. Property owner/Appellant: Thomas and Joan Lamont, and Ron Faria. The following people from the audience spoke to this issue: TC:D5:MM071993 July 19, 1993 Los Gatos, California Tom Lamont, 2814 Trimble Crt., Hayward, requested Council's review and approval of his request to remove the tree in question. Joan Lamont, 2814 Trimble Crt., Hayward, asked for the tree, which has been considered dangerous by the family, be allowed to be removed. James Crane, 15806 Edmund Drive, neighbor to the property, requested that the tree be removed. No one else from the audience addressed this issue. TC:D5:MM071993 July 19, 1993 Los Gatos, California HEARINGS CONTINUED TREE REMOVAL/CAMINO DEL CERRO 15681 CONT. Motion by Mr. Attaway, seconded by Mrs. Lubeck, to close the public hearing. Carried by a vote of 4 ayes. Mr. O'Laughlin was absent. Motion by Mr. Attaway, seconded by Mr. Blanton, that Council find that the Planning Commission has erred, that the tree can be removed, and that applicants will be responsible for supplying five mitigation trees. Carried by a vote of 4 ayes. Mr. O'Laughlin was absent. Council comments: Mr. Attaway supports the tree ordinance, but feels that in certain circumstances consideration of the health and appearance of the tree is appropriate. Configuration of the lot in relation to the design and the effect on the neighborhood must be considered. He requested that this lot be restricted to a single family home. Mr. Blanton does not support the tree ordinance, and stated that Council should review the tree ordinance again. Mayor Benjamin is in favor of protecting trees, and feels that the Council supports historical preservation, small town atmosphere and trees. She stated that the mitigation measures required would offset the loss, and that to require applicant to build around the tree would probably cause great injury to the tree. GENERAL PLAN AMENDMENT/ROUTE 85/HEARING (16.46) Mayor Benjamin stated that this was the time and place duly noted for public hearing to consider Planning Commission recommendation for adoption of General Plan Amendment GP-92-2 regarding the land use designations and policy for future development of property in the area generally bounded by Lark Avenue, National Avenue, Capri Avenue, Winchester Boulevard and the northern Town limits. General Plan Amendment GP-92-2 & Environmental Impact Report EIR-92-2. Applicant: Town of Los Gatos. Mrs. Lubeck spoke for the record regarding the history of the General Plan amendment. Route 85 was on the agenda for over 20 years and has been included in the Town's General Plan. These last large flat parcels within Los Gatos need careful consideration and planning. The challenge to everyone considering this item is to regard this area as a land planning issue. What makes the best sense for these parcels, taking into account their location and their benefit to the community at large? What benefits the whole community of Los Gatos and what is the best plan for the whole community in relation to the highway 85 corridor and certain undeveloped lands? Mayor Benjamin thanked the community members for their input and expressed TC:D5:MM071993 July 19, 1993 Los Gatos, California willingness to continue this open process of communication regarding the General Plan Amendment. She requested the General Plan Committee continue their meetings with the public. Mr. Blanton requested additional input from the community and was not adverse to considering an advisory vote from the citizens. Mr. Attaway requested the General Plan Committee have well noticed and open discussions regarding this issue before it returns to Council and was encouraged to see all of the public input so far. TC:D5:MM071993 July 19, 1993 Los Gatos, California HEARINGS CONTINUED GENERAL PLAN AMENDMENT CONT. The following people from the audience spoke to this issue: Carol Ann Weber, 189 Ivy Hill Way, representing Citizen's Alliance Targeting Solutions, requested one to two year postponement of decision on the General Plan Amendment. Albin Danell, 9 Reservoir Rd., representing Chamber of Commerce Legislative Committee, requested additional time (nine months to a year) for input and discussion before decision is made. Leslie Dill, 220 Wilder Ave., requested additional time for reconsideration of the proposals for this area. Sheldon Smith, 14225 Lora Drive #79, asked that a national sports training center be considered in the location under question. Steve Benbow, 15766 Poppy Lane, Superintendent of the Los Gatos Union School District, addressed playfield space and high density housing as they relate to the Los Gatos schools. Enrollment growth in Los Gatos is at the fastest rate in Santa Clara County. He submitted enrollment information for the record. Tom O'Donnell, 17000 Hollywood Ave., representing the Los Gatos School Board, addressed state law concerning mitigation methods and the EIR as it affects district schools. Kyle Lanza, 15276 Karl Ave., requested a delay of six to eight months after the opening of Highway 85, because the affect of this artery will be unknown until then. Jim Cantore, 4036 Cranford Circle, representing Ponderosa Homeowners Assoc., would like to see additional discussion and reconsideration of the proposed General Plan Amendment. Ken Pearsall, 2155 S. Bascom, President of Cambrian Community Homeowners Association, requested elimination of higher density in the General Plan until the Vasona Corridor light rail is a reality. Thelma Spaziani, 204 Willow Hill Crt, resident of Charter Oaks, related the impacts the construction of 85 is having on the Lark Ave. area and asked for reconsideration of the General Plan Amendment. Catherine Hoffmann, 105 Garden Hill Drive., requested thought be given to development of parks and open space in this area. Myron Tygar, 108 Spruce Hill Crt., would like to see the character of Los Gatos continued to the north end of Town. No one else from the audience addressed this issue. Motion by Mrs. Lubeck, seconded by Mr. Blanton, that Council continue this hearing to April 18, 1994 with the understanding that the citizens who have spoken will work with the General Plan Committee, that Council request the General Plan Committee to conduct their forum in the Council Chambers, and that all participants work together to discuss further the TC:D5:MM071993 July 19, 1993 Los Gatos, California issues involving the General Plan Amendment. Carried by a vote of 4 ayes. Mr. O'Laughlin was absent. Mr.Attaway suggested that all interested citizens participate in this planning process. Mayor Benjamin announced that the next General Plan Committee meeting would be held August 11, 1993 at which time the Committee will set a meeting schedule which will be held in the Council Chambers. TC:D5:MM071993 July 19, 1993 Los Gatos, California HEARINGS CONTINUED CAPRI DRIVE 14115/GP-92-7/GENERAL PLAN AMENDMENT/RESOLUTION 1993-110 (17.09) Consider a request for an amendment to the Land Use Element of the Town's General Plan to change the Land Use Designation from Low Density Residential, 0-5 Dwellings per Net Acre to Medium Density Residential, 5-12 Dwellings per Net Acre, and the zoning designation from R-1:8000 (Single-Family Residential, 8,000 sq. ft. Minimum Lot Size) to R- D (Duplex Residential). General Plan Amendment GP-92-7, Zone Change Application Z-92- 7 and Negative Declaration ND-93-1. Property located at 14115 Capri Drive. Property owner, Frank Doetsch. No one from the audience addressed this issue. Motion by Mr. Attaway, seconded by Mrs. Lubeck, to close the public hearing. Carried by a vote of 4 ayes. Mr. O'Laughlin was absent. Motion by Mr. Attaway, seconded by Mrs. Lubeck, that Council make the negative declaration, and find that the finding for the Zone Change Amendment to the Land Use Element of the General Plan is internally consistent with the General Plan is the same as stated in the Planning Commission Report and addressed in the Planning Commission Minutes. Carried by a vote of 4 ayes. Mr. O'Laughlin was absent. Motion by Mr. Attaway, seconded by Mrs. Lubeck, that Council adopt Resolution 1993- 110 entitled, RESOLUTION OF THE TOWN OF LOS GATOS CONCERNING AMENDMENTS TO THE GENERAL PLAN REGARDING CHANGE OF LAND USE FOR 14115 CAPRI DRIVE. Carried by a vote of 4 ayes. Mr. O'Laughlin was absent. Motion by Mr. Attaway, seconded by Mrs. Lubeck, that Council make the findings from the Planning Commission Minutes as required by the Town's Traffic Policy. Carried by a vote of 4 ayes. Mr. O'Laughlin was absent. The Town Clerk read the Title of the Draft Ordinance Motion by Mrs. Lubeck, seconded by Mr. Attaway, that Council waive the reading of the Draft Ordinance. Carried by a vote of 4 ayes. Mr. O'Laughlin was absent. Motion by Mrs. Lubeck, seconded by Mr. Attaway, that Council introduce Draft Ordinance entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONING MAP TC:D5:MM071993 July 19, 1993 Los Gatos, California NO. 112 FROM R-1:8 TO RD FOR THE PROPERTY LOCATED AT 14115 CAPRI DRIVE. Carried by a vote of 4 ayes. Mr. O'Laughlin was absent. SUVIEW DRIVE 15400/HACKETT/HEARING (18.09) Consider an appeal of a decision of the Planning Commission that a requested abandonment was not consistent with the Town's General Plan and Hillside Specific Plan. TC:D5:MM071993 July 19, 1993 Los Gatos, California HEARINGS CONTINUED SUVIEW DRIVE CONT. The following people from the audience spoke to this issue: Charles Hackett, owner of property in question, asked for a continuance of the matter until some negotiations could be made. Jitka Cymbal, 14583 Big Basin Way, Saratoga, representing Westfall Engineers, offered any technical information regarding the project. Joe Wucher, 18 Barcelona Crt, Redwood City, has not had a chance to discuss an alternative route with the applicant and is willing to discuss the issue with the appellant. No one else from the audience addressed this issue. Motion by Mrs. Lubeck, seconded by Mr. Attaway, that Council continue this public hearing to August 2, 1993 so that staff and parties involved can review the proposal, do a soils review and check the ability of a fire truck to negotiate the proposed modification. (Mayor Benjamin would like the parties involved to work together and Mr. Hackett would be expected to pay any additional payments involving his proposal over and above those plans already approved.) Carried by a vote of 3 ayes. Mr. O'Laughlin was absent. Mr. Blanton voted no, stating that the DRC process is established to review these issues and that this issue should return to the process. MINUTES OF JULY 6, 1993 (18C.V) Motion by Mrs. Lubeck, seconded by Mr. Attaway, that Council approve the Minutes of July 6, 1993 as submitted. Carried by a vote of 4 ayes. Mr. O'Laughlin was absent. WOOD ROAD/URBAN SERVICE AREA/ANNEXATION (19.04) The following people from the audience spoke to this issue: Brent Ventura, 405 Alberto Way, requested Council consider annexation of this parcel when it becomes part of the Urban Service Area. Bob Saxe, representing the property owner, spoke of the willingness of the applicant to annex his property to the Town. No one else from the audience addressed this issue. Motion by Mrs. Lubeck, seconded by Mr. Attaway, that Council correspond with the County regarding annexation of property within the proposed Urban Service Area Boundary adjustment on Wood Road requesting annexation procedures to begin immediately and that the property fall under the Town's jurisdiction regarding any plans for development. Carried by a vote of 4 ayes. Mr. O'Laughlin was absent. TOWN CODE/CODIFICATION (20.46) The Town Clerk read the Title of the Draft Ordinance. TC:D5:MM071993 July 19, 1993 Los Gatos, California Motion by Mrs. Lubeck, seconded by Mr. Attaway, that Council waive the reading of the Draft Ordinance. Carried by a vote of 4 ayes. Mr. O'Laughlin was absent. Motion by Mrs. Lubeck, seconded by Mr. Attaway, that Council introduce Draft Ordinance entitled, ORDINANCE OF THE TOWN OF LOS GATOS READOPTING CERTAIN ORDINANCE OF THE TOWN OF LOS GATOS TO CORRECT CODIFICATION DIFFICULTIES. Carried by a vote of 4 ayes. Mr. O'Laughlin was absent. TC:D5:MM071993 July 19, 1993 Los Gatos, California KENNEDY ROAD 16221/PLANNED DEVELOPMENT/ORDINANCE INTRO (13.09) Mayor Benjamin stated that this was the time and place duly noted to consider adoption of ordinance amending the Zoning Map 140 from RC to HR-1:pd for the property located at 16221 Kennedy Road. Property owner is Robert Weir. Motion by Mrs. Lubeck, seconded by Mr. Attaway, that Council reintroduce Draft Ordinance with the following amendment: That under "27e" it read' "Trails, bridge, signing, and landscaping (including irrigation) as required will be completed concurrently and no later than completion of items "27c" and "27d". Carried by a vote of 4 ayes. Mr. O'Laughlin was absent. Mayor Benjamin announced that this item will return to Council for reintroduction August 2, 1993, and that staff will notify the developer. LOS GATOS-ALMADEN ROAD 16055-16035/PLANNED DEVELOPMENT PEPPERTREE SCHOOL (14.09) Mayor Benjamin stated that this was the time and place duly noted to consider adopting ordinance 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. Property Owners: Joseph Louis and Jeffery Osborn. Motion by Mrs. Lubeck, seconded by Mr. Attaway, that Council reintroduce Draft Ordinance with the following amendments: Section II, Item 5 shall read, "Subdivision of the property that now contains the pre-school shall not be subdivided and no residential use shall occur on Lot 5 without a modification to this Planned Development Overlay zone;" Section V, Item 4 shall read, "There is to be no subdivision of the property that now contains the school use without a modification to this Planned Development Overlay zone." Carried by a vote of 4 ayes. Mr. O'Laughlin was absent. COMMITTEE REPORTS Mrs. Lubeck reported that the committee on grant forms were preparing to meet this following week. ADJOURNMENT Motion by Mr. Blanton, seconded by Mrs. Lubeck, to adjourn this evening's meeting at 9:42p.m. Carried by a vote of 4 ayes. Mr. O'Laughlin was absent. ATTEST: TC:D5:MM071993 July 19, 1993 Los Gatos, California Marian V. Cosgrove Town Clerk TC:D5:MM071993