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M 10-16-95TOWN OF LOS GATOS CALIFORNIA TOWN COUNCIL/PARKING AUTHORITY October 16, 1995 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, October 16, 1995, in regular session. ROLL CALL Present:Randy Attaway, Joanne Benjamin, Steven Blanton, Linda Lubeck and Mayor Patrick O'Laughlin. Absent:None. 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 54957 to discuss a Personnel Issue, the Annual Performance Evaluation of Town Attorney. The review was completed and this item will appear on the November 6, 1995 Council Agenda. COUNTY COUNCIL ON AGING/APPOINTMENT (00.20) Mayor O'Laughlin announced that one application had been received from James Grant for one vacancy on the County Council on Aging. Voting was held and Mr. Grant was appointed for a term ending July 1, 1997. MAINTENANCE SUPERINTENDENTS ASSOCIATION/PRESENTATION (000.20) Terry Murdock, President of the San Francisco Bay Area Chapter of the Maintenance Superintendents Association presented the "Jerry D. Scott Award for Outstanding Maintenance Superintendent" to Michael La Rocca, Director of Parks, Forestry and Maintenance. Mr. La Rocca received his award and thanked the Association and the Town for this honor. PARKING COMMISSION/COMMENDATION (XX.20) Mayor O'Laughlin noted that Jennifer Borgardt was not present to receive her commendation for service on the Parking Commission and it would be presented to her at a later date. SCHEDULE OF PUBLIC HEARINGS (01.01) Informational report regarding currently scheduled public hearings was received and filed. COUNTY REFERRALS (02.47) Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council accept staff recommendation on the following County referrals: REFERRAL #LOCATION APPLICANT REQUEST RECOMMENDATION 5814 South Side Denevi Draft EIR Review Continuation TC:D7:MM101695 of Bear Creek Road Carried unanimously. TC:D7:MM101695 October 16, 1995 Los Gatos, California PAYROLL RATIFICATION/SEPTEMBER 1995 (03.V) Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council ratify the check register for the payroll of September 10 through September 23, 1995 paid on September 29, 1995 in the gross amount of $277,741.04. Carried unanimously. ACCOUNTS PAYABLE/RATIFICATION/SEPTEMBER-OCTOBER 1995 (04.V) Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council ratify the accompanying check registers for accounts payable invoices paid on September 29 and October 5, 1995 in the amount of $330,768.50. Carried unanimously. MINUTES OF OCTOBER 2, 1995 (05.V) Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council approve the Minutes of October 2, 1995 as submitted. Carried unanimously. TREASURER'S REPORT (06.V) Informational report submitted by the Treasurer to the Council as of August 31, 1995, was received and filed. MINI TOWN HALL REPORT (07.10) Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council accept report on October 8, 1995 Mini Town Hall. Carried unanimously. CLAIM DENIAL/ROBERT AND SYLVIA WEIR (08.01) Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council deny claim of Robert and Sylvia Weir for allegedly unconstitutional taking of property and inverse condemnation allegedly occurring on March 14, 1995. Carried unanimously. BACHMAN AVENUE 208/HANNEGAN'S RESTAURANT/OUTSIDE FIREPLACE (09.09) Informational item regarding request for a modification to an existing conditional use permit to allow an outdoor freestanding fireplace and a revised plan for a retractable awning on property in the C-2- LHP Zone. Conditional Use Permit Application U-95-6. Property located at 208 Bachman Avenue. Item was received and filed. BUSINESS LICENSE TAX WAIVER/PHOTOGENICS (10.05) Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council accept Finance Director's recommendation to compromise and waive the business license tax for Photogenics. Carried unanimously. TOWN ATTORNEY/LETTER OF AGREEMENT/RESOLUTION 1995-139 (11.10) Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council adopt Resolution 1995-139 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AMENDING AGREEMENT BETWEEN THE TOWN OF LOS GATOS AND TOWN ATTORNEY. Carried unanimously. COMPUTER SOFTWARE/OCS TECHNOLOGIES/POLICE DEPARTMENT (12.09) This item was removed from the agenda. TC:D7:MM101695 October 16, 1995 Los Gatos, California TRAFFIC SIGNALIZATION/RE-TIMING PROJECT/POST ROUTE 85 CALTRANS AGREEMENT/RESOLUTION 1995-140 (13.40) Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council adopt Resolution 1995-140 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO EXECUTE AGREEMENT WITH (CALTRANS) AND AMEND THE TOWN 1995-2000 CAPITAL IMPROVEMENT PROGRAM TO INCLUDE $94,884 REGIONAL TRAFFIC SIGNALIZATION/OPERATIONS PROGRAM (RTSOP) GRANT FUNDING FOR RTSOP POST ROUTE 85 TRAFFIC SIGNAL COORDINATION RE-TIMING PROJECT. Carried unanimously. 9510 PROJECT/ROBERTS ROAD/PAVING & SIDEWALKS COLLISHAW CONSTRUCTION/COMPLETION NOTICE/RESOLUTION 1995-141 (14.35) Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council adopt Resolution 1995-141 entitled, RESOLUTION OF THE TOWN OF LOS GATOS ACCEPTING WORK OF COLLISHAW CONSTRUCTION COMPANY PROJECT 9510 - ROBERTS ROAD PAVING AND SIDEWALK - AUTHORIZING THE TOWN MANAGER TO EXECUTE CERTIFICATE OF ACCEPTANCE AND NOTICE OF COMPLETION FOR RECORDING BY TOWN CLERK. Carried unanimously. TOURNEY ROAD 17651/DRIVEWAY GRADING/RESOLUTION 1995-142 (15.09) Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council adopt Resolution 1995-142 entitled, RESOLUTION OF THE TOWN OF LOS GATOS GRANTING AN APPEAL OF A PLANNING COMMISSION DECISION APPROVING GRADING PLANS FOR A DRIVEWAY ON PROPERTY IN THE HR-1½ ZONE WITH CONDITIONS; ARCHITECTURE AND SITE APPLICATION S-95-47. Carried unanimously. ADOPT-A-BENCH/REDEVELOPMENT AGENCY AGREEMENT/RESOLUTION 1995-143 (16.49) Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council adopt Resolution 1995-143 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE REDEVELOPMENT EXECUTIVE DIRECTOR TO SIGN THE ADOPT-A-BENCH GRANT AGREEMENT. Carried unanimously. BELLA VISTA WAY 371/PROPERTY DEVELOPMENT/ORDINANCE RE-INTRODUCTION (17.09) The Town Clerk read the Title of the Draft Ordinance. Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council waive the reading of the Draft Ordinance. Carried unanimously. Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council re-introduce Draft Ordinance entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING ORDINANCE 1279 RELATING TO THE DEVELOPMENT OF THE PROPERTY LOCATED AT 371 BELLA TC:D7:MM101695 October 16, 1995 Los Gatos, California VISTA WAY. Carried unanimously. TC:D7:MM101695 October 16, 1995 Los Gatos, California HEARINGS HAZARDOUS WASTE FACILITIES/ORDINANCE/HEARING (18.07) Mayor O'Laughlin stated that this was the time and place duly noted for public hearing to consider an amendment to the Town Code to require consistency between Town land use decisions and the Santa Clara County Hazardous Waste Management Plan (Zoning Ordinance amendment A-95-1). This matter will not have a significant impact on the environment, and is, therefore, exempt from the requirements of the California Environmental Quality Act. Applicant: Town of Los Gatos. There was no one from the audience to address this issue. Motion by Mrs. Lubeck, seconded by Mrs. Benjamin, that Council close the public hearing. Carried unanimously. The Town Clerk read the Title of the Draft Ordinance. Motion by Mrs. Lubeck, seconded by Mrs. Benjamin, that Council waive the reading of the Draft Ordinance. Carried unanimously. Motion by Mrs. Lubeck, seconded by Mr. Blanton, that Council make the finding that Zoning Ordinance Amendment A-95-1 is consistent with the General Plan, and introduce Draft Ordinance amending the Town Code to permit hazardous waste management facilities in the Controlled Manufacturing (CM) Zone. Carried unanimously. WHEELER AVENUE 129/NEW RESIDENTIAL CONSTRUCTION/APPEAL (19.09) Mayor O'Laughlin stated that this was the time and place duly noted for public hearing to consider an appeal of a decision by the Planning Commission approving an Architecture and Site Application S- 95-28 for the demolition of existing structures and the construction of a new single family residence on a property in an R-1:8 Zone. Property located at 129 Wheeler Avenue. Property Owner: Robert and Audrey Bartness. Appellant: Robert Tetslaff. The following people from the audience spoke to this issue: Robert Bartmess, 223 Jackson Street, spoke of pleasing the neighborhood by completely redoing the plans to the home and turning the house around on the property. Robert Tetzlaff, 125 Wheeler Ave., spoke of the major living areas which will now be on his property line and adjacent to his home. Kathy Morgan, 142 Wheeler Ave., spoke in favor of the reconfiguration of the driveway and consideration of future building in this area. Susan Sherman, 160 Wheeler Ave., spoke about the driveway position and the affect on her front room. She would like additional shrubbery to mitigate a driveway relocation. Lorine Tetzlaff, 125 Wheeler Ave., noted that she would like the quality of life considered rather than the effect of the structure on the street. Chris Spalding, 801 Community Street, Berkeley, explained the original plans, where the home was placed and how it was repositioned due to the neighborhood concerns. No one else from the audience addressed this issue. Motion by Mr. Attaway, seconded by Mrs. Lubeck, that Council close the public hearing. Carried unanimously. Motion by Mr. Attaway, seconded by Mrs. Lubeck, that Council uphold the Planning Commission's decision and approve Architecture and Site Application S-95-28. Carried unanimously. TC:D7:MM101695 October 16, 1995 Los Gatos, California HEARINGS CONTINUED LOS GATOS BOULEVARD 15166/OFFICE DEPOT LOCATION/APPEAL Consider an appeal of a decision by the Planning Commission approving plans to demolish an existing commercial structure and to construct an approximately 28,000 sq. ft. retail store in the CH zone. If no significant environmental impacts are identified as a result of this project, a Negative declaration will be recommended and an Environmental Impact Report will not be required. Property Owner: Charles Carmichael/Office Depot. Applicant: Mark Thieme Architects. Appellant: Mark Brodsky. The following people from the audience spoke to this issue: Virginia Fenelli, of Fanelli Consulting, 10052 Pasadena Ave., Cupertino, representing the applicant, introduced the architects of the project. Requested approval of the Planning Commission's decision and denial of the appeal. Discussed the approved plans and the process of working with the neighborhood and staff to arrive at this approval. She discussed the height of the 30' street tower and asked that 35' be allowed. Horizontal string coursing was addressed as a method for balance between horizontal and vertical elements of the building. The color of the building is proposed as Mission Revival creamy white split faced block building, which is textured and lends color and shadow to the surface. Accents of adobe brick color on the base and string course accents ascending blend with the tile roof which emphasizes the Mission Revival style and the historic design elements of the community. Mark Brodsky, appellant, introduced six people to present issues that need to be addressed. Elizabeth Smith, 17551 Vineland Ave., representing the Boulevard Community Alliance, asked that scale reflect pedestrian human interaction; that signage be low and attractive; and that the node bear identification apart from Office Depot. Catherine Hoffmann, 105 Garden Hill Drive, addressed the size of the signs and asked that the letters be no more than 3' in height and that the monument sign be lower. She submitted six pictures for the record. Dale Evans, 505 San Benito Ave., spoke of scale and the relationship of the new building to the surrounding structures and landscape and how the size will be viewed by pedestrians. He suggested an arcade facia on the north wall to mitigate the mass. Mark Brodsky, 17306 Grosvenor Court, asked that an address identifying the node be established at the intersection of Los Gatos Boulevard. A node element at the end of Lark accomplished by extending a planter high wall from the south walkway around the monument to the entrance with one foot high address letters. He submitted two sheets of diagrams for the record. Donald Peck, 15632 Oak Knoll Drive, readdressed the height reduction; sign size reduction; and placement of identification on the node. Steve Boersma, 16330 Los Gatos Blvd., talked of Los Gatos Boulevard identification and establishment of design guidelines for this area. Andy Faber, 10 Almaden Blvd., representing McWhorter's, spoke of the Negative Declaration being insufficient to address the traffic impact and asked for further evaluation of the project. Steve Andrews, 22338 Rednaur Road, Cupertino, spoke of what was best for the Town and addressed the traffic count. Larry Paulding, 297 Carlton Way, a resident of the neighborhood, is in favor of the project and noted that the project had been modified due to neighborhood input. John Andersen, 15129 Lester Lane, a resident of the neighborhood approves the proposal with the modifications. He did not want to see small retail shops or a condominium complex in that location. Jan Olsen, 15189 Lester Lane, spoke strongly in favor of the proposed project and noted that her home was directly behind Office Depot's back wall. She has worked extensively investigating the consequences of having this project adjacent to her property. TC:D7:MM101695 October 16, 1995 Los Gatos, California HEARINGS CONTINUED LOS GATOS BOULEVARD 15166/OFFICE DEPOT LOCATION/CONT. Speakers continued: Keith Pritchard, 265 No. Market Street, #190, San Jose, representing the former owner of the property, spoke of the thorough process that has included many participants in the last year, and requested Council's approval of the project. John Nast, 15171 Lester Lane, back yard neighbor to this project is in favor of the current proposal. Marsha Paulding, 297 Carlton Way, supports the current proposal with the modifications from the neighborhood residents and businesses. Kenton Smith, 17551 Vineland Ave., member of the Los Gatos Boulevard Alliance, spoke of a vision for the Los Gatos Boulevard business properties regarding style, scale and relationship to surrounding structures and neighborhoods. He felt that architectural vision for the community was of prime importance, and wanted the address of the node addressed. Olga Enciso Smith, 157 Holly Hill Way, praised the work being done at this neglected sight, praised the Alliance for their work, and asked that time be taken now to address the issues raised. Virginia Fennelli, closing statements, noted the many modifications which had been made to meet the neighbors' and staff's concerns. She asked for decisions on the string courses, the color and the monument sign height. She spoke of the forest of trees, raised planters, meandering pathway, arcade and the 4,300 square feet of an entry gateway node which could be identified with a Los Gatos Boulevard address. Mark Thieme, Architect for the project, spoke of the variety of color, texture and elevations on the expanse walls north and west. The adobe brick colored base reflected in the tile roof, the string courses that protrude at different widths over the elevation and the vertical columns (pilasters) that add shadow and an element of variety to the north wall. These elements work together to produce horizontal and vertical balance. Lenard Pacheco, 50 Hernandez Ave., explained that the banding was discouraged by the Planning Commission and considered as zebra stripes accentuating the boxiness of the building by accenting the horizontality of it. No one else from the audience addressed this issue. Motion by Mr. Attaway, seconded by Mr. Blanton, to close the public hearing. Carried unanimously. Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, that Council uphold the Planning Commission's decision approving Architecture and Site Application S-95-9 and Negative Declaration Application ND-95-2 including: 1) modifications on the west elevation approved by staff and brought back to Council; 2) an address sign on the front planter identifying the node as an entry to Los Gatos Boulevard; 3) the height of the sign monument to remain at 30 feet; 4) the architect to revisit the north and east elevations because the Planning Commission erred in removing all architectural relief from these walls; 5) string courses are historical and modern buildings can use patterning from the past; 6) isolate a wall and give at least three renderings of the elevation presenting options for dividing the mass with architectural elements that harmonize with the major concept; 7) Council is not interested in an arcade that leads no where; 8) complete as soon as possible and return with the modifications by November 6, 1995. This motion also includes the correction on condition #19 as follows: Payment of traffic mitigation fee for 424 additional trips shall be $30,840 currently. Carried unanimously. TC:D7:MM101695 October 16, 1995 Los Gatos, California HANDBILLS ON VEHICLES/PROHIBITED/ORDINANCE INTRODUCTION (22.46) 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 unanimously. Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council introduce Draft Ordinance entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING SECTION 18.10.010 TO PROHIBIT PLACEMENT OF HANDBILLS AND OTHER WRITINGS ON VEHICLES. Carried unanimously. TOWN SIGN CODE REQUIREMENTS/MODIFICATIONS (21.46) Motion by Mrs. Lubeck, seconded by Mrs. Benjamin, that Council instruct the Planning Commission to initiate a Town Code Amendment permitting two single faced ground signs. Carried unanimously. TOWN PLAZA TASK FORCE (23.23) Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, that Council accept report from Mayor O'Laughlin on the Town Plaza Task Force and suggest to the Town Manager to consider funding a Plaza Master Plan in the 1996-97 proposed budget. Carried unanimously. TRANSPORTATION AGENCY BOARD/MEMBER SELECTION/ROTATION PROCESS (24.20) Motion by Mrs. Lubeck, seconded by Mrs. Benjamin, that Council ratify the new Santa Clara County Transportation Agency Board and Alternate Member selection and rotation process and authorize Joanne Benjamin to send the attached letter to the West Valley Mayors. Carried unanimously. COUNCIL COMMITTEES (25.20) Santa Clara County Cities Assoc: Joanne Benjamin reported that the Cities Assoc. is having their quarterly membership meeting November 16th, the same day of the Town Employee's Recognition Dinner. They will hold the meeting at the Hayes Mansion with a panel of five representatives from five different cities to talk about youth issues: Active Youth Advisory Committee; Education in partnership with school districts; and Sunnyvale's popular new teen center. This will be an interesting program to attend if you are interested. Bay Area Air Quality Management District: Randy Attaway noted that he was interested in being nominated to the Bay Area Air Quality Management District Board which has an upcoming vacancy. Mayor O'Laughlin said he would send a letter stating that Randy has expertise and experience in the field and would be an excellent resource on the board. ADJOURNMENT Motion by Mr. Blanton, seconded by Mrs. Lubeck, that this evening's meeting be adjourned at 11:20 p.m. Carried unanimously. ATTEST: Marian V. Cosgrove TC:D7:MM101695 October 16, 1995 Los Gatos, California Town Clerk TC:D7:MM101695