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M 07-01-96TOWN OF LOS GATOS CALIFORNIA TOWN COUNCIL/PARKING AUTHORITY July 1, 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 7:37 p.m., Monday, July 1, 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. MUSIC IN THE PLAZA/MAJOR DONORS/ARTS COMMISSION/COMMENDATIONS (XX.20) Mayor Attaway presented commendations to the Major Donors to the Music in the Plaza Concert Series of summer events put on by the Los Gatos Arts Commission. The efforts of John Tice and the Arts Commission raised over $14,000 which will successfully fund the eleven Sunday evening community entertainment events. The following contributors were present to receive their commendations from the Mayor: Valeriano's Ristorante; Los Gatos Camera Center; The Rotary Club of Los Gatos; Citibank; Domus; Twig Gallery; Double D's Sports Grille; Andale Taqueria; The Studio; and Campo di Bocce. ARTS COMMISSION/COMMENDATIONS/LAMBORN/DUCEY/ROSTANKOWSKI (XXX.20) Mayor Attaway announced the presentation of commendations from the Arts Commission to Betsy Ducey, Anne Lamborn and Cynthia Rostankowski for their years of service to the Town while serving on the Arts Commission. Ms Lamborn was present to receive her commendation from the Mayor, and she thanked the Town for the opportunity to have served on this commission and to be able to work with the Council Chamber Arts Project. PACIFIC GAS AND ELECTRIC CO/SYSTEMS IMPROVEMENTS/PRESENTATION (OO.29) Maureen McCarthy, representing PG&E made a presentation as to how the company would upgrade its services so as to be more reliable during times of emergencies. She introduced Steve Merchado, Community Affairs Manager and David McCray, Electric Planner. She spoke of supplying information channels during emergencies and the ability to resume power when there are sudden and severe outages due to storms and other emergency occurrences. SCHEDULE OF PUBLIC HEARINGS (01.01) TC:D8:MM070196 Informational report regarding currently scheduled public hearings was received and filed. TC:D8:MM070196 July 1, 1996 Los Gatos, California COUNTY REFERRALS (02.47) Motion by Mrs. Benjamin, seconded by Mr. O'Laughlin, that Council approve the recommended action concerning County Referrals: Referral # 6322: Location 16717 Shannon Road: Applicant Antoniucci: Request Variance: Recommendation Approval. Carried unanimously. 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/JUNE 1996 (05.V) Motion by Mrs. Benjamin, seconded by Mr. O'Laughlin, that Council ratify the check register for the payroll of June 2 through June 15, 1996 paid on June 21, 1996 in the amount of $346,137.60. Carried unanimously. ACCOUNTS PAYABLE/RATIFICATION/JUNE 1996 (06.V) Motion by Mrs. Benjamin, seconded by Mr. O'Laughlin, that Council ratify the accompanying check registers for accounts payable invoices paid on June 14 and June 21, 1996 in the amount of $319,993.82. Carried unanimously. TREASURER'S REPORT (07.V) Informational report submitted by the Treasurer to the Council as of March 31, 1996, was received and filed. MINUTES OF JUNE 17, 1996 (08.V) Motion by Mrs. Benjamin, seconded by Mr. O'Laughlin, that Council approve the Minutes of June 17, 1996 as submitted. Carried unanimously. PACIFIC GAS & ELECTRIC/SYSTEMS IMPROVEMENTS (09.29) Motion by Mrs. Benjamin, seconded by Mr. O'Laughlin, that Council accept report regarding Pacific Gas and Electric improvements to system reliability. Carried unanimously. TRANSIT ASSIST/1996-97 OPERATING BUDGET (10.06) Motion by Mrs. Benjamin, seconded by Mr. O'Laughlin, that Council amend the Transit Assist FY 1996-97 operating budget. Carried unanimously. VILLA AVENUE/RENTAL UNITS/TOWN PROPERTY (11.44) Motion by Mrs. Benjamin, seconded by Mr. O'Laughlin, that Council approve standard rental agreement for Town owned dwelling units on Villa Avenue. Carried by a vote of 4 ayes. Mr. Blanton voted no for reasons given in previous record. TC:D8:MM070196 July 1, 1996 Los Gatos, California ELECTION SERVICES/NOVEMBER 5, 1996/TOWN ELECTION/RESOLUTION 1996-87 (12.21) Motion by Mrs. Benjamin, seconded by Mr. O'Laughlin, that Council adopt Resolution 1996-87 entitled, RESOLUTION OF THE TOWN OF LOS GATOS ORDERING AND CALLING A GENERAL MUNICIPAL ELECTION TO BE HELD IN THE TOWN OF LOS GATOS ON NOVEMBER 5, 1996; REQUESTING THE SERVICES OF THE REGISTRAR OF VOTERS; REQUESTING CONSOLIDATION OF ELECTIONS AND SPECIFYING CERTAIN PROCEDURES FOR THE CONSOLIDATED ELECTION; DETERMINING TO LEVY THE COST OF CANDIDATES' STATEMENTS; REQUIRING PAYMENT OF CANDIDATES' FILING FEES; AND PROVIDING FOR GIVING NOTICE OF ELECTION. Carried unanimously. GENERAL PLAN COMMITTEE/MEMBERSHIP/RESOLUTION 1996-88 (13.20) Motion by Mrs. Benjamin, seconded by Mr. O'Laughlin, that Council adopt Resolution 1996-88 entitled, RESOLUTION OF THE TOWN OF LOS GATOS EXPANDING THE GENERAL PLAN COMMITTEE TO INCLUDE TWO BUSINESS REPRESENTATIVES. Carried unanimously. TRAILS AND BIKEWAYS COMMITTEE/MEMBERSHIP/RESOLUTION 1996-89 (14.20) Motion by Mrs. Benjamin, seconded by Mr. O'Laughlin, that Council adopt Resolution 1996-89 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AMENDING RESOLUTION 1993- 60 REDUCING THE NUMBER OF COMMITTEE MEMBERS ON THE TRAILS AND BIKEWAYS COMMITTEE FROM TEN (10) TO NINE (9). Carried unanimously. VERBAL COMMUNICATIONS: Downtown Planning and Growth: Rick Melzig, 340 Bella Vista, spoke regarding the proposed expansion of the Toll House in the Downtown area and that mass, scale and bulk of any project receive due consideration. Museum Association: Peter Tiernan, President of the Los Gatos Museum Association, announced that the Museum had received a bequest of $600,000 and finds that they now have an annual income of approximately $48,000. On Line Computer Request: David McKay, 205 Bacigalupi Drive, spoke of the need of the community to access general Town information in a more fluid manner than at present. He belongs to Computer Professionals for Social Responsibility and is encouraging online access to government documents as a member of the steering committee of the Palo Alto Chapter. Cost and Budget Reductions: Frank Jones, 102 Belhaven Drive, asked that additional cuts in staff take place and that services not be cut. He felt that efficiencies should lead to better service. How can those services be supplied with less resources? Tony Jeans, praised Council and staff for an excellent job in streamlining, becoming more efficient, and helping clients through the system in a timely manner even with the drastic budget cuts over the last five years. He does business with other agencies and finds Los Gatos the most responsive to the needs of its clients. PG&E Presentation: Dorothy Shaddock, 116 Town Terrace, asked who was to pay for the additional service which PG&E is planning to implement. Steve Machado of PG&E answered that the rate payer would be paying for the additional improvements. TC:D8:MM070196 July 1, 1996 Los Gatos, California HEARINGS LANDSCAPING AND LIGHTING DISTRICT #1/VASONA HEIGHTS BENEFIT ZONE LEVYING AND COLLECTING ASSESSMENTS/RESOLUTION 1996-90 (15.14) Mayor Attaway stated that this was the time and place duly noted for public hearing to consider protests and adopt resolution confirming diagram and assessments, and levying and authorizing collection of assessments for Landscaping and Lighting Assessment District #1 -- Vasona Heights Benefit Zone, for Fiscal Year 1996-1997. No one from the audience addressed this issue. Motion by Mrs. Benjamin, seconded by Mr. O'Laughlin, that Council close the public hearing. Carried by a vote of 4 ayes. Mrs. Lubeck was absent. Motion by Mr. Blanton, seconded by Mr. O'Laughlin, that Council adopt Resolution 1996-90 entitled, RESOLUTION OF THE TOWN OF LOS GATOS CONFIRMING DIAGRAM AND ASSESSMENT, AND LEVYING AND AUTHORIZING COLLECTION OF ASSESSMENTS FOR LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT #1--VASONA HEIGHTS BENEFIT ZONE FOR FISCAL YEAR 1996-1997. Carried by a vote of 4 ayes. Mrs. Lubeck was absent. UNIVERSITY AVE 742/THE RIDING COMPANY/ZONE CHANGE TO RESIDENTIAL (16.09) Mayor Attaway stated that this was the time and place duly noted for public hearing to consider an appeal of a Planning Commission decision denying a request for consideration of a general plan amendment from Light Industrial to Medium Density Residential, 5-12 units per net acre; and a change in zone from LM to R-M:5-12:PD to permit the construction of a 23 unit detached residential planned development with 3 below market priced units for a total of 26 residential units on a 3.1 acre lot, a) General Plan Amendment GP-95-1, b) Zone Change Application Z-95-3. Property located at 742 University Avenue. Property Owner: Donald Fitzgerald. Applicant: The Riding Company. Appellant: Tom Quaglia. The following people from the audience spoke to this issue: Ken Riding, 21836 Villa Oaks Lane, gave an extensive analysis as to why this project is compatible to the area and for what reasons the General Plan should be amended and why there should be a Zone Change to support this proposal. He noted the changes which have taken place in this area over the last forty years and spoke of evolvement, noting the garbage dump turned into a park, the railroad turned into a main artery, and referred to the many types of businesses which have come and gone. He noted the density housing that once exited in quonset huts in the Vasona area. He noted the proximity of schools, parks and stores for supporting residential use. Dorothy Shaddock, 116 Town Terrace, was pleased to see that the Weekly had reported this item clearly so that residents could be made aware of the project hearing. She prefers light industrial to residential in that area. Cynthia James, 16428 Shady View Lane, is in favor of the zone change and believes this is a good location for housing. Thinks the project is compatible to the adjacent industrial park and the other mixed uses. Feels that the schools and businesses support residential in this area. TC:D8:MM070196 July 1, 1996 Los Gatos, California HEARINGS CONTINUED THE RIDING COMPANY CONTINUED Speakers continued: Rick Melzik, 340 Bella Vista, supported the current Zoning Ordinance which is in place with the General Plan. He is not in favor of zone changes. Mike Grabill, Corcel Court, favors the proposal realizing that the General Plan is fluid and responds to the changes reflected in the town as all the businesses from thirty years ago are gone or have been modified. Council should help facilitate these changes. Jackie Adams, 231 Jo Drive, living presently in the National/Carlton area approves of mixed uses such as hospitals, office and residential. Pete Larko, 313 Albert Drive, spoke in support of the project. No one else from the audience addressed this issue. Motion by Mr. Blanton, seconded by Mr. O'Laughlin, that Council close the public hearing. Carried unanimously. Council comments: Joanne Benjamin supports the small town atmosphere and wants to see that enhanced by offering a variety of uses for the residents' benefit by keeping the existing zoning. Steve Blanton the resident serving businesses are not historic in this area and a community evolves over time and does not need to be locked into specific zoning. Young people need to find reasonably priced housing and this is an ideal location. Planning Commission did not err but did not have the authority to suggest a zone change. Pat O'Laughlin was not in favor of a zone change in this light industrial area. Linda Lubeck felt she could make findings for the zone change citing great variety of mixed usage including housing, light industry, office, car repair already found in this location. Randy Attaway supported the General Plan long term goals and wanted the zoning to remain in place. Motion by Mrs. Benjamin, seconded by Mr. O'Laughlin, that Council uphold the Planning Commission's decision and deny the appeal. Carried by a vote of 3 ayes. Mr. Blanton and Mrs. Lubeck voted no. UNIFORM FIRE CODE/AMENDMENT TO TOWN CODE/NEW CHAPTER 9 (17.28) Mayor Attaway stated that this was the time and place duly noted to consider the introduction of Ordinance adopting a new Chapter 9 of the Town Code regarding fire prevention and protection and realigning other sections of the Town Code in Chapter 13 to provide for toxic gas regulations (includes provisions from the Uniform Fire Code, 1994 Edition, and 1995 California Fire Code) 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. TC:D8:MM070196 July 1, 1996 Los Gatos, California UNIFORM FIRE CODE CONTINUED Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council introduce Draft Ordinance entitled, ORDINANCE OF THE TOWN OF LOS GATOS ADOPTING A NEW CHAPTER 9 OF THE TOWN CODE REGARDING FIRE PREVENTION AND PROTECTION AND REALIGNING OTHER SECTIONS OF THE TOWN CODE IN CHAPTER 13 TO PROVIDE FOR TOXIC GAS REGULATIONS (INCLUDES PROVISIONS FROM THE UNIFORM FIRE CODE, 1994 EDITION, AND 1995 CALIFORNIA FIRE CODE) Carried unanimously. COUNCIL COMMITTEE REPORTS (18.10) Joanne reported on the transportation issue and the two measures which are contemplated for November's election. One is a General Tax increase and the other, is for Specific Increases that will be asked for if the General Tax passes. Some proposals are a freeway interchange provided at highways 85 and 87 which is part of the Vasona Light Rail Corridor and affects people in Los Gatos, and the other proposal affecting Los Gatans is the widening of the bottle necks between Lark Avenue and Camden Avenue. ADJOURNMENT Motion by Mr. Blanton, seconded by Mrs. Benjamin, that this evening's meeting be adjourned at 9:55 p.m. Carried unanimously. ATTEST: Marian V. Cosgrove Town Clerk TC:D8:MM070196