Loading...
M 10-06-97TOWN OF LOS GATOS CALIFORNIA TOWN COUNCIL/PARKING AUTHORITY October 6, 1997 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, October 6, 1997, in regular session. ROLL CALL Present:Randy Attaway, Steven Blanton, Jan Hutchins, Linda Lubeck and Mayor Joanne Benjamin. Absent:None. PLEDGE OF ALLEGIANCE Given by all in attendance. CLOSED SESSION Mayor Benjamin announced that Closed Session had not been held this evening. COUNTY SUPERVISOR/DON GAGE/STATUS REPORT (00.23) Mayor Benjamin introduced Don Gage, Santa Clara County Supervisor for District One. Mr. Gage spoke of issues facing the County and Town and promised more open communications between these offices. COMMENDATIONS/"CATS" FIRE/TIM & LAURA HARRIS (XX.44) Mayor Benjamin thanked the Harrises for their diligence in putting out spot fires at Number One Bay View during the recent "Cats" Fire. They and individuals like them were recognized as having held the fire in check. The Harrises related their experiences for the audience. PARKS COMMISSION/STUDENT COMMISSIONERS/COMMENDATIONS (XX.20) Mayor Benjamin commended Chris Miller and Shoshaunna Parks for their dedicated service on the Parks Commission. Chris Miller was present to receive his commendation and thanked Council for having given him the opportunity to serve. SCHEDULE OF PUBLIC HEARINGS (01.01) Informational report regarding currently scheduled public hearings was received and filed. COUNCIL CALENDAR OF MEETINGS (02.10) Informational item presenting future Town Meetings for Council and other Town Boards and Commissions was received and filed. PAYROLL RATIFICATION/AUGUST-SEPTEMBER 1997 (03.V) Motion by Mr. Hutchins, seconded by Mrs. Lubeck, that Council ratify the check register for the payroll of August 24, 1997 through September 6, 1997, paid on September 12, 1997, in the amount of $306,758.18. Carried unanimously. TC:D9:MM100697 Town Council Minutes October 6, 1997 Los Gatos, California ACCOUNTS PAYABLE/RATIFICATION/SEPTEMBER 1997 (04.V) Motion by Mr. Hutchins, seconded by Mrs. Lubeck, that Council ratify the accompanying check registers for accounts payable invoices paid on September 12, September 19, and September 26, 1997 in the amount of $702,479.33. Carried unanimously. TREASURER'S REPORT (05.V) Informational report submitted by the Treasurer to the Council as of July 31, 1997, was received and filed. MINUTES OF SEPTEMBER 15, 1997 (06.V) Motion by Mr. Hutchins, seconded by Mrs. Lubeck, that Council approve the Minutes of September 15, 1997, as submitted. Carried unanimously. SOLID WASTE MANAGEMENT/APPOINTMENTS (07.08) Motion by Mr. Hutchins, seconded by Mrs. Lubeck, that Council authorize the Mayor to appoint a Councilmember to the West Valley Solid Waste Management Joint Powers of Authority Board of Directors. Carried unanimously. (Mrs. Lubeck noted for the record that she is interested in serving on this committee and explained that she has been serving on the Solid Waste Commission and has experience with this subject.) SINGLE STORY/RESIDENTIAL/HEIGHT RESTRICTIONS (08.47) Motion by Mr. Hutchins, seconded by Mrs. Lubeck, that Council accept Planning Commission recommendation to make no changes to single story height restrictions in residential zones. Carried unanimously. BICYCLE PARKING/MAIN ST W. 101/COFFEE ROASTING CO. (09.40) Motion by Mr. Hutchins, seconded by Mrs. Lubeck, that Council accept report on Trial Plan for Bicycle Parking adjacent to 101 W. Main Street. Carried unanimously. BUDGET REPORT/YEAR END/1996-97 (10.06) Motion by Mr. Hutchins, seconded by Mrs. Lubeck, that Council accept the 1996-97 Year End Budget Report and authorize budget adjustments outlined in the report and Attachments A & B of that report. Carried unanimously. MUSIC IN THE PLAZA (11.20) This item was removed from the agenda. STORM DRAIN EMERGENCY REPAIRS (12.28) Motion by Mr. Hutchins, seconded by Mrs. Lubeck, that Council authorize a contingency for storm sewer emergency repairs in anticipation of possible "El Nino" impacts, in each of the 3 basins funded with existing basin fund balances; authorize a budget transfer of $12,000 in Basin 1 from existing fund balance for repairs at Shannon and Short Roads; and authorize a budget transfer of $25,000 in Basin 2 from existing fund balance for the Lyndon Avenue box culvert project. Carried unanimously. TC:D9:MM100697 Town Council Minutes October 6, 1997 Los Gatos, California BUILDING PLAN CHECK/CONSULTANT KUTZMANN/RESOLUTION 1997-107 (13.28) Motion by Mr. Hutchins, seconded by Mrs. Lubeck, that Council adopt Resolution 1997-107 entitled, RESOLUTION OF THE TOWN OF LOS GATOS APPROVING AN AMENDMENT TO THE AGREEMENT WITH KUTZMANN & ASSOCIATES, INC. FOR PLAN CHECK CONSULTANT SERVICES AND AUTHORIZING THE TOWN MANAGER TO EXECUTE THE AMENDMENT, this action increases revenue budget Account 3430-46025 by $45,000 from $205,000 to $250,000; and increases expense budget Account 3430-61012 by $35,000 from $17,000 to $52,000. Carried unanimously. 9605A PROJECT/SIDEWALK RECONSTRUCTION/RESOLUTION 1997-108 (14.35) Motion by Mr. Hutchins, seconded by Mrs. Lubeck, that Council adopt Resolution 1997-108 entitled, RESOLUTION OF THE TOWN OF LOS GATOS ACCEPTING WORK OF A.V.&C. CONSTRUCTION, INC. - PROJECT 9605A - BI ANNUAL SIDEWALK RECONSTRUCTION AND AUTHORIZING THE TOWN MANAGER TO EXECUTE CERTIFICATE OF ACCEPTANCE AND NOTICE OF COMPLETION FOR RECORDING BY TOWN CLERK, and authorizing budget transfers totaling $255,584 resulting from the closure of project 480S9605. Carried unanimously. PARKING TIME LIMITS/CHURCH STREET/RESOLUTION 1997-109 (15.40) Motion by Mr. Hutchins, seconded by Mrs. Lubeck, that Council adopt Resolution 1997-109 entitled, RESOLUTION OF THE TOWN OF LOS GATOS CHANGING PARKING TIME LIMITS ON CHURCH STREET FROM TWO HOURS TO THREE HOURS. Carried unanimously. VEHICLE PURCHASE/HERTZ CORP/RESOLUTION 1997-110 (16.09) Motion by Mr. Hutchins, seconded by Mrs. Lubeck, that Council adopt Resolution 1997-110 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO EXECUTE AN AGREEMENT WITH HERTZ CORPORATION, CAR SALES TO PURCHASE TWO USED VEHICLES. Carried unanimously. TOWN MANAGER/LETTER OF AGREEMENT/RESOLUTION 1997-111 (17.10) Motion by Mr. Hutchins, seconded by Mrs. Lubeck, that Council adopt Resolution 1997-111 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AMENDING LETTER OF AGREEMENT BETWEEN THE TOWN OF LOS GATOS AND TOWN MANAGER. Carried unanimously. POLICE OFFICER TRAINEE/EMPLOYEE BENEFITS/RESOLUTION 1997-112 (18.09) Motion by Mr. Hutchins, seconded by Mrs. Lubeck, that Council adopt Resolution 1997-112 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AMENDING THE POSITION AND CLASSIFICATION PLAN TO CHANGE POLICE TRAINEE DESIGNATION FROM A TEMPORARY POSITION TO AN AT-WILL FULL-TIME CIVILIAN POSITION COMPENSATED AT 95% OF THE STEP 1 POLICE OFFICER BASE SALARY, WITH PARTICIPATION IN THE NON-SAFETY PUBLIC EMPLOYEES RETIREMENT SYSTEM PLAN, AND FAMILY MEDICAL INSURANCE PREMIUM. Carried unanimously. TC:D9:MM100697 Town Council Minutes October 6, 1997 Los Gatos, California UNION AVENUE 258/O'SHEA'S PUB & GRILL/RESOLUTION 1997-113 (19.09) Motion by Mr. Hutchins, seconded by Mrs. Lubeck, that Council adopt Resolution 1997-113 entitled, RESOLUTION OF THE TOWN OF LOS GATOS DENYING APPEAL OF A DECISION OF THE PLANNING COMMISSION REVOKING CONDITIONAL USE PERMIT U-93-14 FOR O'SHEA'S PUB AND GRILL. Carried by a vote of 4 ayes. Mr. Attaway voted no as recorded in previous record. PAY AND VALET PARKING DOWNTOWN/PRIVATE & PUBLIC LOTS (20.43) TOWN PARKING ASSESSMENT DISTRICTS/ORDINANCE 2033 Motion by Mr. Hutchins, seconded by Mrs. Lubeck, that Council adopt Ordinance 2033 entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING CHAPTER 29, DIVISION 4, "PARKING", TO ALLOW PAY AND VALET PARKING ON PUBLIC AND PRIVATE LOTS IN TOWN PARKING ASSESSMENT DISTRICTS; AND CHAPTER 29, DIVISION 7, "ASSIGNMENT OF DUTIES", TO ADD REVIEW OF VALET PARKING LOT APPLICATIONS TO THE DEVELOPMENT REVIEW COMMITTEE DUTIES. Carried by a vote of 4 ayes. Mr. Attaway voted no as recorded in previous record. HEARINGS GROUND FLOOR OFFICE DOWNTOWN/MAIN STREET/WEST OF VICTORY LANE ZONING ORDINANCE AMENDMENT A-97-0001/ORDINANCE INTRODUCTION (21.47) Mayor Benjamin stated that this was the time and place duly noted for public hearing to consider Planning Commission recommendation to amend Section 29.60.320(4) of the Town Code to permit ground floor office uses on portions of Victory Lane and W. Main Street where they are presently not allowed. This matter will not have a significant impact on the environment, and is, therefore, exempt from the requirement of the California Environmental Quality Act, Zoning Ordinance Amendment A-97--0001. Applicant: Sue Farwell. Jan Hutchins noted a conflict of interest and excused himself from the meeting. Linda Lubeck noted a possible conflict but did not believe it affected this issue and did not excuse herself from the meeting. The following person from the audience spoke to this issue: Sue Farwell, 121 Laurel Ave., noted that this recommendation only affects 5 properties: 246 & 248 West main and three on Victory Lane. She noted that these spaces do not lend themselves well to retail space. No one else from the audience addressed this issue. Motion by Mr. Blanton, seconded by Mrs. Lubeck, to close the public hearing. Carried by a vote of 4 ayes. Mr. Hutchins absent. The Town Clerk read the Title of the Draft Ordinance. Motion by Mrs. Lubeck, seconded by Mr. Blanton, to waive the reading of the Draft Ordinance. Carried by a vote of 4 ayes. Mr. Hutchins absent. TC:D9:MM100697 Town Council Minutes October 6, 1997 Los Gatos, California HEARINGS CONTINUED GROUND FLOOR OFFICE DOWNTOWN/MAIN STREET/WEST OF VICTORY LANE/CONT. Motion by Mrs. Lubeck, seconded by Mr. Attaway, that Council introduce Proposed Ordinance entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING ZONING ORDINANCE OF THE TOWN CODE TO PERMIT GROUND FLOOR OFFICE USES ON PORTIONS OF MAIN STREET WHERE THEY ARE PRESENTLY NOT ALLOWED , and find that this amendment is consistent with the General Plan and the Downtown Specific Plan. Carried by a vote of 4 ayes. Mr. Hutchins absent. CAPRI DRIVE 14115/RESIDENTIAL ZONE CHANGE/ORDINANCE INTRODUCTION (22.09) Mayor Benjamin stated that this was the time and place duly noted for public hearing to consider request for approval of a zone change from R-D (Duplex Residential) to R-M:5--12 (Multiple Family Residential). No significant environmental impacts have been identified as a result of this project and a Negative Declaration has been recommended, a) Development application DEV-97-- 002, b) Negative Declaration ND-97-006. Property Location: 14115 Capri Drive. Property Owner/ Applicant: Frank Doetsch. The following people from the audience spoke to this issue: Frank Doetsch, 81 Carlyn Avenue, Campbell, spoke of the practicality of the project. George Paplos, 4884 Rue Bordeau, San Jose, spoke of uniformity and compatibility of zone change to a neighborhood. He asked that the zone change be consistent for the neighboring properties and not partial to a the development. No one else 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. Blanton, that Council make the Negative Declaration (Exhibit G of Attachment 3 of the staff report) and find that the Zone Change is consistent with the General Plan, in that this is an area suited to higher density and a type of housing called for in our General Plan. Carried unanimously. The Town Clerk read the Title of the Draft Ordinance. Motion by Mrs. Lubeck, seconded by Mr. Blanton, to waive the reading. Carried unanimously. Motion by Mrs. Lubeck, seconded by Mr. Attaway, that Council introduce Proposed Ordinance entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING TO ZONING MAP #112 FROM RD TO RM:5-12 FOR THE PROPERTY LOCATED AT 14115 CAPRI DRIVE. Carried unanimously. TC:D9:MM100697 Town Council Minutes October 6, 1997 Los Gatos, California HEARINGS CONTINUED SANTA CRUZ AVE N 634/DEMOLITION/OFFICE BUILDINGS/APPEAL (23.09) Mayor Benjamin stated that this was the time and place duly noted for public hearing to consider appeal of a decision of the Planning Commission denying an Architecture and Site application to demolish a pre-1941 residence to construct a new retail and office building on property Zoned C-1. No significant environmental impacts have been identified as a result of this project, and a Negative Declaration is recommended. Project Application PRJ-97-040. Property Location: 634 N. Santa Cruz Avenue. Property Owner/Applicant/Appellant: Michael Shadman. Mr. Blanton expressed the opinion that it was not appropriate for Commissioners of one deciding body to become advocates for their positions before another deciding body. The following people from the audience spoke to this issue: Michael Shadman, 45 Cabot Ave., Santa Clara, spoke of his project and the support for the concept by the business owners and residents of the area. He submitted petitions from 28 neighbors. He noted his willingness to work on design and style with the Planning Commission; to document, photograph, video tape the historic elements of the house; salvage these elements during the demolition; and preserve them so others may buy or reuse them. Kathy Morgan, Planning Commissioner, 142 Wheller Ave., supplemented the Planing Commission Minutes as they refer to this project. She asked that Council consider the preservation of the existing building on the site. Abbers Hackshanaus, 610 University, asked that this project be approved. As a neighbor he is in favor of the improvements that will reflect on his business. No one else from the audience addressed this issue. Motion by Mr. Blanton, seconded by Mr. Attaway, to close the public hearing. Carried unanimously. Motion by Mr. Blanton, seconded by Mr. Hutchins, to grant the appeal on the denial of the demolition permit, finding that the Planning Commission erred because the structure does not have special historic architectural or aesthetic value; that the building could pose a safety hazard; that it is not significant as housing stock since no one is living in it, and it is in the middle of a commercial zone; that the building has little economic utility: and to deny the appeal regarding Architecture and Site issues, remanding the matter back to Planning Commission. Carried unanimously. Mayor Benjamin did not believe the structure was architecturally significant, but that it was historically interesting. She asked that the builder take photos of the old house and submit them to the Town; that the builder store the architectural elements of the house to be used or purchased later; that the builder put a plaque in front of the new building identifying the site of the demolished historic building; that staff be asked to write up the history of this building; that the owner display pictures of the old building with some of its interesting historic background noted. TC:D9:MM100697 Town Council Minutes October 6, 1997 Los Gatos, California COUNCIL COMMITTEE REPORTS (24.10) Jan Hutchins reported on the Transit Authority and the Vasona Corridor. The Transit Authority is considering which of the downtown San Jose configurations they are going to choose for the light rail. He would suggest that the least amount of money be authorized in San Jose so that aditional funding can come to the Los Gatos area. Randy Attaway commented on the Mayor's meeting. He asked that at the next Mayor's meeting the subject of commissioners and board members expressing their individual opinions at other legislative meetings be discussed. That one judicial body interfering with another judicial body be considered. That board members may attend other meetings but that they should not be attempting to influence the meetings. For consistency's sake, for perception's sake and a clarification of roles sake this policy should be followed. Open communication should be encouraged between bodies if clarification of issues is required, and one member should feel free to call another. Mrs. Benjamin acknowledged that she would speak to this issue at the next Mayor's meeting. INTRODUCTIONS OF GLORIA GRIMES AND GARY ROGERS Town Manager, David Knapp, introduced two new town employees to the Council. Gloria Grimes, the new Library Director, and Gary Rogers, our new Personnel Manager. Both came forward to greet the Council. ADJOURNMENT Motion by Mr. Blanton, seconded by Mr. Hutchins, that this evening's meeting be adjourned at 8:49 p.m. Carried unanimously. ATTEST: Marian V. Cosgrove Town Clerk TC:D9:MM100697