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M 11-18-96TOWN OF LOS GATOS CALIFORNIA TOWN COUNCIL/PARKING AUTHORITY November 18, 1996 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 7:32 p.m., Monday, November 18, 1996, in regular session. ROLL CALL Present:Joanne Benjamin, Steven Blanton, Linda Lubeck, Patrick O'Laughlin and Mayor Randy Attaway. Absent:None. PLEDGE OF ALLEGIANCE Given by all in attendance. CLOSED SESSION Mayor Attaway announced that Council had not met in Closed Session this evening. MAYOR APPOINTMENT Mayor Attaway announced that this was the time for the annual appointment of Mayor by the Council. He thanked staff, the clerk and the manager, for their help over the last year as he served as Mayor. He thanked the Councilmembers for their trust in electing him and hoped he had lived up to their expectations. Mr. Attaway continued by thanking the community for the honor and privilege of being Mayor of Los Gatos. Mayor Attaway asked for nominations for the 1996-97 Mayor. Motion by Mrs. Lubeck, seconded by Mr. Blanton, to nominate Joanne Benjamin for Mayor. Carried by a vote of 4 ayes. Mrs. Benjamin abstained. VICE MAYOR APPOINTMENT Mrs. Benjamin took her seat as Mayor and thanked Mr. Attaway for a job well done as Mayor. She introduced and welcomed Jan Hutchins as the newly elected Councilmember and announced that this was the last meeting for our retiring Councilmember, Patrick O'Laughlin. Mrs. Benjamin thanked Patrick O'Laughlin for his years of service and dedication to the Town while serving as Councilmember. Mayor Benjamin then read a letter from Councilmember Blanton calling for cooperation of the Council as colleagues over the coming year. Motion by Mr. O'Laughlin, seconded by Mr. Attaway, to nominate Linda Lubeck for Vice Mayor. Carried by a vote of 4 ayes. Mrs. Lubeck abstained. Mrs. Lubeck spoke of looking forward to working with the Mayor and Council and thanked Mr. Blanton for his letter. Mr. O'Laughlin congratulated the Mayor and Vice Mayor on their appointments and welcomed Mr. Hutchins to the Council. He thanked Mr. Blanton for his positive view to the TC:D8:MM111896 future. TC:D8:MM111896 November 18, 1996 Los Gatos, California SCHEDULE OF PUBLIC HEARINGS (01.01) Informational report regarding currently scheduled public hearings was received and filed. COUNTY REFERRALS (02.47) Motion by Mrs. Lubeck, seconded by Mr. Attaway, that Council approve the recommended action concerning County Referrals: Referral # Location Applicant Request Recommendation 5496 16791 Loma Street Walker Building Site Approval/one condition 6397 15299 Top of the Hill Rd.Jamshidi Design Review Approval/2 conditions Carried unanimously. PAYROLL RATIFICATION/OCTOBER-NOVEMBER 1996 (03.V) Motion by Mrs. Lubeck, seconded by Mr. Attaway, that Council ratify the check registers for the payrolls of October 6 through October 19, 1996 paid on October 25, 1996, and October 20 through November 3, 1996 paid on November 8, 1996, in the amount of $577,195.36. Carried unanimously. ACCOUNTS PAYABLE/RATIFICATION/SEPTEMBER 1996 (04.V) Motion by Mrs. Lubeck, seconded by Mr. Attaway, that Council ratify the accompanying check registers for accounts payable invoices paid on November 1 and November 8, 1996 in the amount of $349,415.51. Carried unanimously. TREASURER'S REPORT (05.V) Informational report submitted by the Treasurer to the Council as of September 30, 1996 was received and filed. MINUTES OF NOVEMBER 4, 1996 (06.V) Motion by Mrs. Lubeck, seconded by Mr. Attaway, that Council approve the Minutes of November 4, 1996 as submitted. Carried unanimously. AMICUS BRIEF/ARCHBISHOP OF SAN FRANCISCO V. CITY OF SAN MATEO (07.01) Motion by Mrs. Lubeck, seconded by Mr. Attaway, that Council authorize Town Attorney to include the Town of Los Gatos as an amicus curiae in the case of Roman Catholic Archbishop of San Francisco v. The City of San Mateo. First Appellate District, Division Four, at no cost to the Town. Carried unanimously. AMICUS BRIEF/METROPOLITAN WATER DISTRICT V. FRANCIS DOMENIGONI (08.01) Motion by Mrs. Lubeck, seconded by Mr. Attaway, that Council authorize Town Attorney to include the Town of Los Gatos as an amicus curiae in the case of Metropolitan Water District of Southern California v. Francis N. Domenigoni, et al. Fourth District Court of Appeal Division Two, Case E017416, at no cost to the Town. Carried unanimously. TC:D8:MM111896 November 18, 1996 Los Gatos, California SOLID WASTE MANAGEMENT/AB 939/ANNUAL REPORT FOR 1995 (09.08) Motion by Mrs. Lubeck, seconded by Mr. Attaway, that Council accept the attached AB 939 Annual Report. Carried unanimously. TC:D8:MM111896 November 18, 1996 Los Gatos, California CUPOLA/LYNDON CARRIAGE HOUSE/PROJECT 9503/RESOLUTION 1996-141 (11.35) Motion by Mrs. Lubeck, seconded by Mr. Attaway, that Council adopt Resolution 1996-141 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO EXECUTE AGREEMENT ON BEHALF OF THE TOWN WITH TIM LANTZ FOR PROJECT 9503 - J.W. LYNDON CARRIAGE HOUSE CUPOLA RESTORATION. Carried unanimously. WEEDS DECLARED A PUBLIC NUISANCE/RESOLUTION 1996-142 (12.23) Motion by Mrs. Lubeck, seconded by Mr. Attaway, that Council adopt Resolution 1996-142 entitled, RESOLUTION OF THE TOWN OF LOS GATOS DECLARING WEEDS A PUBLIC NUISANCE AND PROVIDING FOR THEIR ABATEMENT. Carried unanimously. WEED ABATEMENT/FEE INCREASE/FIRE MARSHAL/RESOLUTION 1996-143 (13.23) Motion by Mrs. Lubeck, seconded by Mr. Attaway, that Council adopt Resolution 1996-143 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE MAYOR TO EXECUTE THIRD AMENDMENT TO AGREEMENT WITH THE SANTA CLARA COUNTY FIRE MARSHAL INCREASING FEES FOR THE ABATEMENT OF WEEDS AND BRUSH. Carried unanimously. SOLID WASTE MANAGEMENT/WEST VALLEY CITIES/RESOLUTION 1996-144 (14.08) Motion by Mrs. Lubeck, seconded by Mr. Attaway, that Council adopt Resolution 1996-144 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO EXECUTE AN AMENDED COOPERATIVE AGREEMENT WITH THE WEST VALLEY CITIES FOR SOLID WASTE MANAGEMENT AND TO EXECUTE SUBSEQUENT AMENDMENTS TO THAT AGREEMENT. Carried unanimously. COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING/RESOLUTION 1996-145 (15.19) Motion by Mrs. Lubeck, seconded by Mr. Attaway, that Council adopt Resolution 1996-145 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO EXECUTE AGREEMENTS BETWEEN THE COUNTY OF SANTA CLARA AND THE TOWN OF LOS GATOS FOR PARTICIPATION IN THE URBAN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FOR FISCAL YEARS 1996-97, 1997-98 AND 1998-99. Carried unanimously. LARK AVE/WINCHESTER BLVD/LANDSCAPING/PROJ 473CHI85/RESO 1996-146 (16.35) Motion by Mrs. Lubeck, seconded by Mr. Attaway, that Council adopt Resolution 1996-146 entitled, RESOLUTION OF THE TOWN OF LOS GATOS ACCEPTING WORK OF DIABLO LANDSCAPING ON PROJECT 473CHI85 LARK AVENUE AND WINCHESTER BOULEVARD LANDSCAPING - PHASE I - AND AUTHORIZING THE TOWN MANAGER TO EXECUTE CERTIFICATE OF ACCEPTANCE AND NOTICE OF COMPLETION FOR RECORDING BY TOWN CLERK. Carried unanimously. CROSSING GUARD SERVICES/LOS GATOS SCHOOLS/RESOLUTION 1996-147 (17.09) Motion by Mrs. Lubeck, seconded by Mr. Attaway, that Council adopt Resolution 1996-147 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO EXECUTE THIRD AMENDMENT TO AGREEMENT WITH LOS GATOS UNION SCHOOL DISTRICT FOR CROSSING GUARD SERVICES. Carried unanimously. TC:D8:MM111896 November 18, 1996 Los Gatos, California HEARING AUTOMOTIVE SERVICE STATIONS/CONVENIENCE STORE EXPANSION/HEARING (18.46) SALE OF BEER AND WINE/ADOPTION OF ORDINANCE 2023 Mayor Benjamin stated that this was the time and place duly noted for public hearing to consider amending Chapter 29 of the Town Code to: 1) allow interior floor space at a service station to be used for the sale of non-automotive items, such as groceries and other convenience items. The allowed floor space would be designated in a conditional use permit or architecture and site approval. 2) allow the sale of beer and wine at a service station as a separate conditional use permit if detailed findings regarding the public convenience and welfare could be made for the specific site under consideration and would require a specific set of conditions if such an approval were to be made. It has been determined that this Town Code Amendment will not have a significant impact on the environment, and is, therefore, exempt from the requirements of the California Environmental Quality Act. Zoning Ordinance Amendment A-96-4. Applicant: Town of Los Gatos. No one from the audience addressed this issue. Motion by Mr. Blanton, seconded by Mrs. Lubeck, to close the public hearing. Carried unanimously. Motion by Mrs. Lubeck, seconded by Mr. O'Laughlin, that Council adopt Ordinance 2023 entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONING CODE REGARDING MARKET USE AND BEER AND WINE SALES IN CONJUNCTION WITH SERVICE STATIONS, including the revisions made by Council on November 4, 1996 when the Ordinance was introduced. Carried by a vote of 4 ayes. Mr. Attaway voted no for reasons noted in previous record. JOHNSON AVENUE/STOP SIGNS/SPEED BUMPS/TRAFFIC SAFETY ISSUES (10.39) Mayor Benjamin noted that residents of Johnson Avenue had submitted a petition requesting speed bumps and stop signs on Johnson to control the speeding problem. The following people from the audience spoke to this issue: Sharon Litvinoff, 212 Johnson Ave., spoke of the neighborhood concern about the speeding and traffic on Johnson. She submitted a letter for the record, and called for a permanent solution to the safety issues concerning traffic on her street. Catherine Petrek, 325 Johnson Ave., would like to see a solution but does not think that the stop signs will make the problem safer, in fact they may increase the liability by offering a false sense of security. Joanna Snyder, 353 Johnson Ave., spoke of speed and the lack of observance of the stop signs. Carol Mittlesteadt, 234 Johnson Ave., spoke of safety for children and pets on the street. Pilar Bernal, 315 Johnson Ave., asked Council to make a decision on some form of traffic mitigation and safety methods for the neighborhood. Mike Nunan, 355 Johnson Ave., does not want stop signs or speed bumps. He prefers to see a proper traffic study implemented. He asked for the radar unit to be placed on the street more often, and inferred that it could be placed immediately. TC:D8:MM111896 November 18, 1996 Los Gatos, California JOHNSON AVENUE/STOP SIGNS/CONT. Speakers continued: Steve Piasecki, 205 Johnson Ave., supports stop signs. He noted that construction vehicles were also causing problems by parking on Cross Way and Johnson. He asked Council for self determination for the neighborhood so as to make reasonable improvements concerning this issue. Marc Litvinoff, 212 Johnson Ave., spoke regarding the safety of his children. He asked for particular help during the rush hour traffic in the morning and evening. No one else from the audience addressed this issue. Mayor Benjamin noted the following concerns: enforcement stepped up; stop signs put in; speed bumps placed; at least one solution needs to begin immediately; traffic study be redone; review the traffic mitigation methods on Loma Alta which may be sending traffic to Johnson; radar used on Johnson including a photo camera inside the machine. Council consensus to hold a meeting with the neighbors, staff, Mayor Benjamin and Mr. Blanton, to discuss the various options, get the neighbors' opinions about the various options and determine the best course to proceed with. INSPECTION OF TOWN RECORDS/RESOLUTION 1996-148 (19.01) Motion by Mrs. Lubeck, seconded by Mr. Attaway, that Council adopt Resolution 1996-148 entitled, RESOLUTION OF THE TOWN OF LOS GATOS APPROVING GUIDELINES FOR INSPECTING TOWN RECORDS. Carried unanimously. PARKING IN-LIEU/NORTH OF LOS GATOS SARATOGA ROAD/ORDINANCE INTRO (20.46) Mayor Benjamin stated that this was the time and place duly noted to consider amending Town Code Chapter 29, Division 5. "Nonconforming buildings, lots and uses" to allow payment of fees in-lieu of providing the required parking for nonconforming properties in the downtown, North of Los Gatos Saratoga Road. It has been determined that this Town Code Amendment will not have a significant impact on the environment, and is, therefore, exempt from the requirements of the Environmental Quality Act. Zoning Ordinance Amendment A-96-3. Applicant: Town of Los Gatos. Mr. O'Laughlin noted that he had abstained on this issue previously and would again this evening. The following people from the audience spoke to this issue: Evelyn Yao, 17530 Elaine Court, Monte Sereno, asked for lower fees and options for alternative methods of payment. Ed MacGroddis, 16493 West La Chaquita, owns property on Industrial Road and this Zoning Ordinance Amendment does not affect his property. His property was subject to an amendment passed three years ago. Peggy O'Laughlin, representing Walgreens, expressed concern regarding the amount of the in-lieu fees, and she questioned the share the Town has accepted in the establishment of the fees. No one else from the audience addressed this issue. TC:D8:MM111896 November 18, 1996 Los Gatos, California PARKING IN-LIEU/NORTH OF LOS GATOS SARATOGA ROAD/CONT. Motion by Mr. Blanton, seconded by Mrs. Lubeck, to find the Ordinance Amendment consistent with Section 2.4 Policy #10 of the General Plan Land Use Element. Carried by a vote of 4 ayes. Mr. O'Laughlin abstained. The Town Clerk read the Title of the Draft Ordinance. Motion by Mr. Blanton, seconded by Mrs. Lubeck, to waive the reading of the Draft Ordinance. Carried by a vote of 4 ayes. Mr. O'Laughlin abstained. Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council introduce Draft Ordinance entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING DIVISION 5, ARTICLE I, OF CHAPTER 29 OF THE TOWN OF LOS GATOS TOWN CODE REGARDING NONCONFORMING USES TO ALLOW REMODELING OF BUILDINGS IN THE DOWNTOWN COMMERCIAL AREA BETWEEN ANDREWS STREET AND LOS GATOS- SARATOGA ROAD BY PAYMENT OF A PARKING IN-LIEU FEE, TO MAKE CLARIFYING CHANGES TO THE NONCONFORMING USE PROVISIONS OF THE ZONING CODE, AND TO CORRECTLY LIST RESIDENTIAL USES IN THE TOWN. Carried by a vote of 4 ayes. Mr. O'Laughlin abstained. Mayor Benjamin directed staff to set a public hearing for December 2, 1996 for the adoption of the in- lieu fee in an amount not to exceed $4,000, and directed the Clerk to publish a summary of the Ordinance at least 5 days before proposed adoption. LOS GATOS-SARATOGA ROAD 275/SNACK SHOPS IN SERVICE BAYS/APPEAL (21.09) CHEVRON STATION/ALCOHOL SALES Mayor Benjamin stated that this was the time and place duly noted to consider Planning Commission recommendation to grant appeal of a Planning Commission decision denying a minor Architecture and Site Application for the exterior remodel of an existing automobile service station and expansion of existing snack shop into a service bay on property in the C-2 Zone. This matter was referred by the Town Council to the Planning Commission for further consideration. Property location: 275 Los Gatos-Saratoga Road. Appellant: Richard D. Miller/Chevron, U.S.A. Property Owner: Chevron, U.S.A. The following person addressed Council on this issue: Andy Favor, 10 Almaden Blvd., San Jose, told Council he was available to answer any questions they might have. No one else from the audience addressed this issue. TC:D8:MM111896 November 18, 1996 Los Gatos, California LOS GATOS-SARATOGA ROAD 275/SNACK SHOPS IN SERVICE BAYS/CONT. Motion by Mrs. Lubeck, seconded by Mr. O'Laughlin, that Council grant the appeal of the Planning commission decision denying a minor Architecture and Site Application, PRJ-96-5, and approve Project Application PRJ-96-5, subject to the condition in Attachment 1. Carried by a vote of 4 ayes. Mr. Attaway voted no for reasons mentioned in previous record. TOWN COUNCIL MEETING SCHEDULE (22.10) Motion by Mrs. Lubeck, seconded by Mr. Attaway, to amend Town Council Meeting Schedule for 1996-97 Fiscal Year rescheduling January 20, 1997 Council meeting to Tuesday, January 21, 1997, due to National Holiday. Carried unanimously. COUNCIL COMMITTEE REPORTS Mayor Benjamin reported that the Santa Clara County Cities Association would be holding a General Membership Meeting, December 12, 1996, at the Hayes Mansion, and which is open to all Council Members, new and out-going. She also reported that there is an ABAG Executive Committee opening to fill a term expiring on June 1998. It is available to any Councilmember who wishes to apply. This meeting is held the third Thursday in Oakland at 7:30 p.m., and there is a stipend of $100 per meeting. Application can be made through the Santa Clara County Cities Selection Committee. ADJOURNMENT Motion by Mr. Blanton, seconded by Mr. O'Laughlin, that this evening's meeting be adjourned at 8:42 p.m. to the Joint Town Council/Redevelopment Meeting. Carried unanimously. ATTEST: Marian V. Cosgrove Town Clerk TC:D8:MM111896