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M 01-03-94TOWN OF LOS GATOS CALIFORNIA TOWN COUNCIL/PARKING AUTHORITY January 3, 1994 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 7:35 p.m., Monday, January 3, 1994, in regular session. ROLL CALL Present:Joanne Benjamin, Steven Blanton, Linda Lubeck, Patrick O'Laughlin and Mayor Attaway. Absent:None. PLEDGE OF ALLEGIANCE Given by all in attendance. BOARD OF APPEALS/APPOINTMENTS/TOM DODGE/C. EDWARD MESERVE (00.20) Mayor Attaway announced that two applications had been received for three vacancies on the Board of Appeals from Tom Dodge and C. Edward Meserve. Voting was held and Tom Dodge and Ed Meserve were reappointed to terms expiring January 1, 1998. COMMUNITY SERVICES COMMISSION/APPOINTMENTS/JEFFREY JOHNS JACK NEAL/CHRISTINE PFENDT (000.20) Mayor Attaway announced that four applications had been received for three vacancies on the Community Services Commission from Jeffrey Johns, Jack Neal, Christine Pfendt and Hameed Ta- Jeldin. Voting was held and Jeffrey Johns, Jack Neal and Christine Pfendt were reappointed to terms expiring January 1, 1997. PARKING COMMISSION/APPOINTMENT/JENNIFER BORGARDT (0X.20) Mayor Attaway announced that one application had been received for one vacancy on the Parking Commission from Jennifer Borgardt. Council appointed Jennifer Borgardt to a term expiring January 1, 1998. REDEVELOPMENT ADVISORY COMMITTEE/APPOINTMENT (XX.20) Mayor Attaway announced that one application had been received for one vacancy on the Redevelopment Advisory Committee from Patricia Ernstrom. Ms Ernstrom was not present for an interview and Council reopened the vacancy for readvertisement. PARKING COMMISSION/COMMENDATION/FRANK HOWELL (YY.43) Mayor Attaway presented a Commendation from the Town to Frank Howell for his 10 years of dedicated service on the Parking Commission. Mr. Howell accepted his commendation with thanks. TC:D6:MM010394 January 3, 1994 Los Gatos, California CLOSED SESSION Larry Anderson, Town Attorney, stated that Council had met in Closed Session pursuant to Government Code Section 54957.6, to discuss Labor Relations regarding negotiations with the Police Officer's Association and received a report from the Town's negotiator on the progress of the negotiations. Council gave instructions regarding terms for the negotiations. SCHEDULE OF PUBLIC HEARINGS (01.01) Informational report regarding currently scheduled public hearings was received and filed. PLANNING COMMISSION/PLANNING DEPARTMENT MONTHLY STATUS REPORT (02.47) Informational report regarding monthly activity of Planning Commission and Planning Department was received and filed. COUNCIL CALENDAR OF MEETINGS (03.10) Informational item presenting future Town Meetings for Council and other Town Boards and Commissions was received and filed. PAYROLL/RATIFICATION/DECEMBER 1993 (04.V) Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council ratify the accompanying check registers for payrolls of November 21 through December 4, 1993 and December 5 through December 18, 1993 in the amount of $505,736.89 paid on December 10 and 23, 1993 as corrected in the desk item. Carried unanimously. TREASURER'S REPORT (06.V) Informational report submitted by the Treasurer to the Council as of October 31, 1993 was received and filed. MINUTES OF DECEMBER 6, 1993 (07.V) Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council approve the Minutes of December 6, 1993 as submitted. Carried unanimously. UNIVERSITY AVE 622-633/YELLOW LOADING ZONE (09.TCO) Informational report regarding establishment of yellow loading zone at 622-633 University Ave. was received and filed. CIVIC CENTER MODIFICATION/POLICE DEPARTMENT BOOKING (10.09) Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council authorize the Town Manager to modify the Civic Center to accommodate Police Department booking. Carried unanimously. DIGITAL IMAGE/CAPTURE AND RETRIEVAL SYSTEM/RESOLUTION 1994-1 (11.09) Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council adopt Resolution 1994-1 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO EXECUTE AN AGREEMENT WITH TFP INC. FOR THE PURCHASE OF A DIGITAL IMAGE CAPTURE AND RETRIEVAL SYSTEM. Carried unanimously. TC:D6:MM010394 January 3, 1994 Los Gatos, California ANNEXATION/NORTHEAST #20/RESOLUTION 1994-2 (13.04) Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council adopt Resolution 1994-2 entitled, RESOLUTION OF THE TOWN OF LOS GATOS INITIATING PROCEEDING FOR THE ANNEXATION OF CERTAIN UNINHABITED TERRITORY DESIGNATED AS NORTHEAST #20 TO THE TOWN OF LOS GATOS. Carried unanimously. LOS GATOS BLVD/WIDENING PROJECT/RESOLUTION 1994-3 (14.35) Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council adopt Resolution 1994-3 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE PLANNING DIRECTOR TO SIGN PROGRAM SUPPLEMENT IN CONNECTION WITH THE LOS GATOS BOULEVARD WIDENING PROJECT. Carried unanimously. OAK MEADOW PK/REST ROOM RENOVATION/PROJECT 9323/RESOLUTION 1994-4 (15.35) Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council adopt Resolution 1994-4 entitled, RESOLUTION OF THE TOWN OF LOS GATOS APPROVING PLANS AND SPECIFICATIONS FOR PROJECT 9323 OAK MEADOW PARK REST ROOM RENOVATION. Carried unanimously. BLOSSOM HILL/STORM DRAIN/PROJECT 9326/RESOLUTION 1994-5 (16.35) Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council adopt Resolution 1994-5 entitled, RESOLUTION OF THE TOWN OF LOS GATOS APPROVING PLANS AND SPECIFICATIONS FOR PROJECT 9326 BLOSSOM HILL STORM DRAIN. Carried unanimously. LOS GATOS BLVD/UTILITY UNDERGROUND DISTRICT/PROJECT 9327 RESOLUTION 1994-6 (17.35) Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council adopt Resolution 1994-6 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO EXECUTE A RELEASE AND RIGHT OF ENTRY AGREEMENT WITH PROPERTY OWNERS LOCATED IN THE LIMITS OF PROJECT 9327 LOS GATOS BOULEVARD LARK AVENUE UTILITY UNDERGROUNDING. Carried unanimously. TAXICAB OPERATORS/RECIPROCAL TAXI CERTIFICATES/ORDINANCE 1964 (18.46) Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council adopt Ordinance 1964 entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING TOWN CODE SECTIONS 28.20.025, 28.20.155 AND 28.20.255 REGULATING TAXICAB OPERATORS TO ALLOW RECIPROCAL TAXI CERTIFICATES, which was introduced at the Town Council meeting of December 6, 1993. Carried unanimously. TC:D6:MM010394 January 3, 1994 Los Gatos, California VERBAL COMMUNICATION: John Hernandez, Homeless, spoke of the need for Los Gatos to establish a system for local homeless to have long term housing in Town. HEARINGS ALCOHOL BEVERAGE POLICY/TOWNWIDE POLICY/HEARING (19.43) Mayor Attaway stated that this was the time and place duly noted for public hearing to consider adopting resolution amending Town's policy regarding service of alcoholic beverages. The following people from the audience spoke to this issue: Dan McFadden, 123 University, asked Council to define a restaurant with more specificity. John Watson, 16592 Englewood, representing the Alligator Grill, asked Council to review different ways of defining restaurants using gross receipts or square footage. No one else from the audience addressed this issue. Motion by Mrs. Benjamin, seconded by Mr. Blanton, to continue this public hearing to Tuesday, February 22, 1994, and to request additional input to the Townwide Alcohol Policy from the public, especially those that live adjacent to the business establishments, and have staff prepare amendments to Town Code which address the concerns that were raised this evening. Carried unanimously. NORTH SANTA CRUZ AVE. 130G/CONDITIONAL USE PERMIT U-77-24E THE BREWERY/RESTAURANT/APPEAL (20.09) Mayor Attaway stated that this was the time and place duly noted for public hearing to consider appeal of Planning Commission decision to deny a request for permission to extend hours of operation for an existing restaurant and bar on property in the C-2 zone. Conditional Use Permit Application U-77-24E. Property located at 130-G N. Santa Cruz Avenue. Property owner, Vargo Properties. Applicant: Los Gatos Brewing Company. The following people from the audience spoke to this issue: John Hopkins, 136 Tait, representing the Brewing Company, requested continuance to February 22, 1994. Derik Qualls, 227 Drive, spoke to the wrong issue having wanted to speak to Item 22. Dan McFadden, 123 University, agreed to the continuance to February 22, 1994. No one else from the audience addressed this issue. Motion by Mrs. Lubeck, seconded by Mr. O'Laughlin, that Council continue this hearing to February 22, 1994. Carried unanimously. BROADWAY 93/HISTORIC HOME/DEMOLITION/BRANDHORST/APPEAL (21.09) Mayor Attaway stated that this was the time and place duly noted for public hearing to consider appeal of Planning Commission decision to approve a modification to previously approved application for an addition to a single family residence. This modification is for the construction of a new single family residence which has already been demolished without approval on property zoned R-1D LHP. Architecture and Site Application S-85-63B. Property located at 93 Broadway. Property Owner: Lynn Brandhorst. Appellant: Brent Ventura. TC:D6:MM010394 January 3, 1994 Los Gatos, California HEARINGS CONTINUED BROADWAY CONT. The following people from the audience spoke to this issue: Brent Ventura, 405 Alberto Way #2, asked for consideration of the recent Historic Preservation Policy as it relates to the demolition of an historic home. Mr. Ventura requested that this application be referred back to the Historic Preservation Committee for review under the guidelines of our current Historic Preservation Ordinance. Laura Moore,14 N. Santa Cruz Ave., spoke for preservation of the historic archictectural heritage of the Town. Lynn Brandhorst, 18565 Paseo Lado, Saratoga, lived at 93 Broadway for 20 years and supports the Broadway Historic District and preservasionist activities in the neighborhood. He spoke of going through the entire review process with the Development Review Committee, the Historic Review Committee and the Planning Commission. Three facades of his house were reviewed and approved by the Historic Preservation Committee and Planning Commission with plans stating that all siding would match existing siding. He felt he had followed all plans and directions. No one else from the audience addressed this issue. Motion by Mr. Blanton, seconded by Mr. O'Laughlin, to close this public hearing. Carried unanimously. Motion by Mr. Blanton, seconded by Mr. O'Laughlin, that Council send this application back to the Historic Preservation Committee and through the full process of the Planning Commission and for it to not nrcessarily return to Council, finding that the Planning Commission erred in not concidering this a new application. Motion failed by a vote of 2 ayes. Mrs. Benjamin, Mrs. Lubeck and Mayor Attaway voted no, stating that the Town policy should be changed but that one particular applicant should not be penalized, nor should any changes to the applicant's plans be suggested at this point of an insignificant nature, but only changes of a fairly significant historic value. Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, that Council return this item to a special called meeting of the Historic Preservation Committee for review and consideration of historical changes that might possibly be made that would be of significant account, and after such review return this item by January 18, 1994 to Town Council. Carried by a vote of 4 ayes. Mr. Blanton voted no due to the appearance of special consideration for the applicant. UNION AVE 258/O'SHEA'S PUB & GRILL/APPEAL (22.09) Mayor Attaway stated that this was the time and place duly noted for public hearing to consider appeal of Planning Commission decision to approve operation of an existing restaurant with the sale of alcoholic beverages for consumption on the premises in the C-1 Zone. Conditional Use Permit Application U-93-14. Property Owners: Andrew & Harriet Unzen, Trustee. Occupant: O'Shea's Pub & Grill. Appelant: Jeffrey Benzler & Stanley Schwartz. TC:D6:MM010394 January 3, 1994 Los Gatos, California HEARINGS CONTINUED UNION AVE/O'SHEA'S CONT The following people from the audience spoke to this issue: Lee Bowman, Planning Director, stated that the Council could determine by weighing the facts presented at a hearing whether the non-conforming use is no longer lawful; could allow the use to continue with a conditional use permit; could allow the use to continue without a conditional use permit if the use reverted to the original use; or could declare the use an unlawful nuisance requiring cessation. Restaurants are allowed in this zone with a conditional use permit. This restaurant became non-conforming in 1977 because it did not have a conditional use permit as required by Town Ordinance and was given until 1997 to obtain a conditional use permit, without which it would become unlawful to operate the restaurant and it would have to cease use or operate within the guidelines of an approved conditional use permit. Mr. Tennenbaum, 831 S. Winchester Blvd., representing the appellants, spoke to his clients issues and their business concerns and submitted a petition signed by business and residential neighbors. He stated that if there were sufficient grounds to declare the non conforming use unlawful, a public nuisance and detrimental to the public welfare, then the imposed conditions of use are so unreasonable as to be putting the restaurant out of business. He asked for modifications specifically to hours of operation, live entertainment, and that alcohol service not be restricted to meals alone. He mentioned preemption under the California Constitution and arbitrary discrimination in regards to continuous operation of a business. Mayor Attaway requested that the record show that Mr. Tennenbaum mentioned the use of pool tables and pinball machines on the premises and Mr. Bowman stated that that would have been a violation of Town Ordinance and would not have been found a legal non-conforming use. Stan Schwartz, owner of O'Shea's, spoke of work with neighbors to fix problems, and stated that the ABC had told him that he did not need to serve food other than during normal eating hours and that the Town had told him he had until 1997 to use his non conforming status. Jeff Benzler, owner of O'Shea's, spoke of remodeling, sound proofing, kitchen remodel, and work to improve the establishment. He also mentioned the need for live entertainment to make the business viable, stating that the establishment is now open funtil 1:30 a.m. Friday and Saturday nights and holidays and is closed by midnight on the other weekdays. The following people spoke in favor of the business as it's being run, mentioning bringing children to a family orientated pub, finding it neat, quiet and safely run. Also mentioned being a good neighbor to other businesses and the neighborhood in general, and the interest in running a safe establishment. Bos Pratt, 122 Forest Hill Drive Stephen Whybark, 5568 Dartmouth Drive, San Jose Tammy Hight, 371 Ave Palmus, San Jose, waitress at O'Shea's Those listed below were not in favor of this operation as it is being run at the present time, including the live entertainment. They spoke about child safety issues, noise, traffic, dirt and the general disturbance this bar causes in the neighborhood, including the need to place police calls. Barbara Johnston, 235 Thomas Drive Maureen Heberling, 291 Hershner Crt. TC:D6:MM010394 January 3, 1994 Los Gatos, California HEARINGS CONTINUED UNION AVE/O'SHEA'S CONT Speakers continued: Larry Papa, 245 Thomas Drive Bruce Meisenbach, 261 Howes Crt. Larry Ling, 259 Howes Crt. Gay Perry, 255 Howes Crt. Terry Johnston, 235 Thomas Dr. Betty Qualls, 227 Thomas Drive Michael Lawson, 265 Howes Crt. Don Tennenbaum, representing the appellants, made his closing comments, and suggested Council make modifications to the 17 conditional use restrictions, especially the live entertainment, hours of operation and condition that alcohol only be served with meals. No one else from the audience addressed this issue. Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council close the public hearing. Carried unanimously. Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council uphold the Planning Commission's decision and approve Conditional Use Permit Application U-93-14 with the 17 conditions as required by the Commission. Carried unanimously. Consensus motion that staff prepare materials regarding Town Code and Town policy enforcement procedures for preliminary discussion at the Council Workshop. PROP 172/POLICE DEPT BUDGET/SAFETY SERVICES/RESOLUTION 1994-7 (12.09) Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, that Council adopt Resolution 1994-7 entitled, RESOLUTION OF THE TOWN OF LOS GATOS ALLOCATING PROPOSITION 172 SALES TAX REVENUES TO LAW ENFORCEMENT SERVICES, and authorizing an increase to the Police Department budget for Fiscal Year 1993-94 of $57,175, and authorizing hiring two (2) Police Officers and one (1) Community Service Officer. Carried unanimously. EASTFIELD MING QUONG/STRAWBERRY FESTIVAL/CIVIC CENTER (08.20) Motion by Mrs. Lubeck, seconded by Mr. O'Laughlin, that Council deny Eastfield Ming Quong Foundation's request that the Town pay Neighborhood Center and Council Chamber use fees charged for Strawberry Festival activities. Carried unanimously. ACCOUNTS PAYABLE/RATIFICATION/DECEMBER 1993 (05.V) Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, that Council ratify accompanying check registers for accounts payable invoices in the amount of $784,782.32 paid on December 1, 3, 10, 17 and 23, 1993. Carried unanimously. ENCROACHMENTS/PUBLIC RIGHT-OF-WAYS/PUBLIC WAYS (23.46) Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, that Council continue this item to February 7, 1994. Carried unanimously. TC:D6:MM010394 January 3, 1994 Los Gatos, California SEWER-CATCH BASIN CLEANER/TRUCK MOUNTED VEHICLE/RESOLUTION 1994-8 (24.28) Motion by Mrs. Benjamin, seconded by Mr. O'Laughlin, that Council adopt Resolution 1993-8 entitled, RESOLUTION OF THE TOWN OF LOS GATOS TO REJECT ALL BIDS AND TO DETERMINE THAT THE TRUCK-MOUNTED CATCH BASIN & SEWER CLEANER IS A UNIQUE AND SPECIALIZED ITEM, AND DIRECT STAFF TO SEEK A NEGOTIATED BID FOR THE ITEM. Carried unanimously. TOWN MANAGER/EXECUTION OF AGREEMENTS/ORDINANCE INTRODUCTION (25.46) The Town Clerk read the Title of the Draft Ordinance. Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, that Council waive the reading of the Draft Ordinance. Carried unanimously. Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, that Council introduce Draft Ordinance entitled, ORDINANCE OF THE TOWN OF LOS GATOS ADDING A NEW SUBSECTION 2.30.025(F) TO AUTHORIZE THE TOWN COUNCIL TO DIRECT THE TOWN MANAGER TO EXECUTE CONTRACTS ON BEHALF OF THE TOWN. Carried unanimously. ADVISORY AGENCY/POWERS AND RESPONSIBILITIES/ORD. INTRO (26.46) The Town Clerk read the Title of the Draft Ordinance. Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, that Council waive the reading of the Draft Ordinance. Carried unanimously. Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, that Council introduce Draft Ordinance entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING TOWN CODE SECTION 24.10.020 TO CLARIFY ADVISORY AGENCY POWERS AND RESPONSIBILITIES. Carried unanimously. APPEALS TO COUNCIL FROM PLANNING COMMISSION HEARINGS TIME FOR SETTING OF COUNCIL APPEALS/ORDINANCE INTRODUCTION (27.46) The Town Clerk read the Title of the Draft Ordinance. Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, that Council waive the reading of the Draft Ordinance. Carried unanimously. Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, that Council introduce Draft Ordinance entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING SECTION 29.20.280 TO PROVIDE ALTERNATIVE CALCULATION OF TIME IN WHICH THE COUNCIL MAY HEAR AN APPEAL FROM THE PLANNING COMMISSION IN ORDER TO ENSURE PUBLIC NOTICE AND REGULAR MEETINGS. Carried unanimously. COUNCIL MEETING SCHEDULE/1993-94 (28.10) Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, that Council approve the revised Town TC:D6:MM010394 January 3, 1994 Los Gatos, California Council Meeting Schedule for 1993-94 Fiscal Year, noting the change of the Town Council Strategic Plan and Goals Workshop to January 29, 1994. Carried unanimously. TC:D6:MM010394 January 3, 1994 Los Gatos, California TRANSIT DISTRICT/CONGESTHT/AGENCY CONSOLIDATION (29.17) Informational report to Council was received and filed, with notation that CMA will be meeting 1- 13-94 and Consolodation Agency will meet 1-5-94. Also to take note that Council still favors the concept that each municipality receives one vote within the new consolodation reorganization. COMMITTEE REPORTS (30.10) Mrs. Benjamin reported that she would need Council input on the consolidation of the Transportation Agency and the Congestion Management Agency so that she would be able to vote with Council direction. Mayor Attaway noted that the Agenda Format could be further streamlined by eliminating the Commissions heading and placing those reports in Other Business or Council Reports. Mayor Attaway led discussion regarding the draft agenda of the Council Workshop and requested a broad agenda of all topics Council might wish to discuss be presented. ADJOURNMENT Motion by Mr. Blanton, seconded by Mrs. Lubeck, that this evening's meeting be adjourned at 11:34 p.m. Carried unanimously. ATTEST: Marian V. Cosgrove Town Clerk TC:D6:MM010394