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M 11-17-97TOWN OF LOS GATOS CALIFORNIA JOINT TOWN COUNCIL/REDEVELOPMENT AGENCY November 17, 1997 Minutes TOWN COUNCIL/REDEVELOPMENT AGENCY The Town Council/Redevelopment Agency 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, November 17, 1997, in regular session. ROLL CALL Present:Randy Attaway, Steven Blanton, Jan Hutchins, Linda Lubeck and Mayor/Chair Joanne Benjamin. Absent:None. PLEDGE OF ALLEGIANCE Given by all in attendance. CLOSED SESSION Mayor Benjamin announced that there was no Closed Session meeting held this evening. MAYOR'S ANNOUNCEMENT Mayor Benjamin announced that this was the time for Council to appoint the new mayor. She thanked Council and the Town for the opportunity to serve as Mayor this past year, and she thanked staff and her family for their support during this time. APPOINTMENT OF MAYOR Mr. Attaway thanked Mrs. Benjamin for her time and service and noted the 15 years she has served on the Council. Mr. Attaway nominated Mrs. Lubeck for Mayor this year. Mr. Hutchins seconded. Carried unanimously. Mrs. Lubeck took the Mayor's/Chair's seat at 7:40 p.m. and thanked Council for the appointment. Susanne Jackson, Vice Mayor of Monte Sereno, congratulated Mrs. Lubeck on her appointment. APPOINTMENT OF VICE MAYOR Mayor Lubeck called for nomination of the new Vice Mayor. Mr. Blanton nominated Mr. TC:D9:MM111797 Hutchins for Vice Mayor. Mr. Attaway seconded. Carried unanimously. Mr. Hutchins thanked Council for his appointment. CONSENT ITEMS (01-12) SCHEDULE OF PUBLIC HEARINGS (01.01) Informational report regarding currently scheduled public hearings was received and filed. TC:D9:MM111797 Town Council Minutes November 17, 1997 Los Gatos, California CONSENT ITEMS CONT. PLANNING COMMISSION/PLANNING DEPARTMENT MONTHLY STATUS REPORT (02.47) Informational report regarding activity of Planning Commission and Department was received and filed. PAYROLL RATIFICATION/OCTOBER 1997 (03.V) Motion by Mr. Blanton, seconded by Mr. Hutchins, that Council ratify the check register for the payroll of October 5, 1997 through October 18, 1997, paid on October 24, 1997, in the amount of $317,742.12. Carried unanimously. ACCOUNTS PAYABLE/RATIFICATION/OCTOBER-NOVEMBER 1997 (04.V) Motion by Mr. Blanton, seconded by Mr. Hutchins, that Council ratify the accompanying check registers for accounts payable invoices paid on October 31, and November 7, 1997 in the amount of $394,858.59. Carried unanimously. MINUTES OF NOVEMBER 3, 1997 (05.V) Motion by Mr. Blanton, seconded by Mr. Hutchins, that Council approve the Town Council Minutes of November 3, 1997 as submitted. Carried by a vote of 4 ayes. Mr. Attaway abstained. AMICUS BRIEF/MILAGRA RIDGE PARTNERS/CITY OF PACIFICA (06.01) Motion by Mr. Blanton, seconded by Mr. Hutchins, that Council authorize the Town Attorney to include the Town of Los Gatos as an amicus curiae in the case of Milagra Ridge Partners, Ltd. v. City of Pacifica, Division Five, First Appellate Division, at no cost to the Town. Carried unanimously. PLANNING COMMISSION COMMENDATION/WES PEYTON/RESOLUTION 1997-125 (08.20) Motion by Mr. Blanton, seconded by Mr. Hutchins, that Council adopt Resolution 1997- 125 entitled, RESOLUTION OF THE TOWN OF LOS GATOS COMMENDING WES PEYTON FOR HIS SERVICE TO THE TOWN AS A MEMBER OF THE PLANNING COMMISSION. Carried unanimously. MUSIC IN THE PLAZA/GUIDELINES/BUDGETS/RESOLUTION 1997-126 (09.20) Motion by Mr. Blanton, seconded by Mr. Hutchins, that Council adopt Resolution 1997- 126 entitled, RESOLUTION OF THE TOWN OF LOS GATOS ADOPTING MUSIC IN THE PLAZA GUIDELINES. Carried unanimously. 9719 PROJECT/OAK MEADOW PLAYGROUND UPGRADES/RESOLUTION 1997-127 (10.35) Motion by Mr. Blanton, seconded by Mr. Hutchins, that Council adopt Resolution 1997- TC:D9:MM111797 Town Council Minutes November 17, 1997 Los Gatos, California 127 entitled, RESOLUTION OF THE TOWN OF LOS GATOS TO AUTHORIZE TOWN MANAGER TO EXECUTE AN AGREEMENT WITH PLAYGROUND UNLIMITED TO COMPLETE PROJECT 9719 PLAYGROUND EQUIPMENT AND ADA UPGRADES. Carried unanimously. 9717 PROJECT/50-50 SIDEWALK RECONSTRUCTION/RESOLUTION 1997-128 (11.35) Motion by Mr. Blanton, seconded by Mr. Hutchins, that Council adopt Resolution 1997- 128 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH J.J.R. CONSTRUCTION FOR THE CONSTRUCTION OF PROJECT 9717 - 50/50 SIDEWALK RECONSTRUCTION. Carried by a vote of 4 ayes. Mr. Attaway abstained due to conflict of interest. TC:D9:MM111797 Town Council Minutes November 17, 1997 Los Gatos, California CONSENT ITEMS CONT. TOURNEY RD 17651/ACCESSORY STRUCTURES/RESOLUTION 1997-129 (12.09) Motion by Mr. Blanton, seconded by Mr. Hutchins, that Council adopt Resolution 1997- 129 entitled, RESOLUTION OF THE TOWN OF LOS GATOS GRANTING AN APPEAL OF A PLANNING COMMISSION DECISION APPROVING A CONDITIONAL USE PERMIT TO ALLOW AN ACCESSORY LIVING QUARTER, AND A MINOR RESIDENTIAL DEVELOPMENT APPLICATION TO BUILD TWO ACCESSORY STRUCTURES EACH EXCEEDING 450 SQUARE FEET ON PROPERTY IN THE HR-2 1/2 ZONE. Carried unanimously. VERBAL COMMUNICATIONS A PLACE FOR TEENS Darci Palmer, 16345 Los Gatos Boulevard, #30, had approximately 25 supporters of the Teen Center in the audience stand and identify themselves. She asked that Council remove the restrictions that had been placed on grants to the Teen Center. Aimee Montgomery, 100 Ohlone Court, President of the Teen Center, explained the agenda of events planned for the teens this year. She asked for reconsideration of the funding policy and grant restrictions. Submitted brochures for information. Susanne Jackson, 15984 Grandview Avenue, Monte Sereno, spoke of Monte Sereno's increased support for the teens, and the need for supervised programs for teens which require the community's financial support and commitment. HEARINGS WEED ABATEMENT/OVERRULING OBJECTION/RESOLUTION 1997-130 (13.28) Mayor Lubeck stated that this was the time and place duly noted for public hearing to consider adopting resolution overruling objections and ordering the abatement of weeds. Mr. Backer explained the process to remove oneself from the Fire Marshall's list. One must have a fully landscaped yard to avoid the list. Miss Lisa Brown will work on removing names if the owner contacts her. The following people from the audience spoke to this issue: Jack Pannighetti, 224 Loma Alta, asked to be removed from the list. He does not plant grass and does not intend to plant grass. He cares for his yard and has no plans to do additional landscaping. Bob Baden, 15966 Cerro Vista Court, asked for more information on the process and scheduling. TC:D9:MM111797 Town Council Minutes November 17, 1997 Los Gatos, California Fire Marshall explained that first discing inspections occur in February and the actual discing is done in March, if that is not sufficient the area is recut in June. No one else from the audience addressed this issue. Motion by Mr. Attaway, seconded by Mrs. Benjamin, to close the public hearing. Carried unanimously. TC:D9:MM111797 Town Council Minutes November 17, 1997 Los Gatos, California HEARINGS CONTINUED WEED ABATEMENT/OVERRULING OBJECTION/CONT. Motion by Mr. Attaway, seconded by Mr. Hutchins, that Council adopt Resolution 1997- 130 entitled, RESOLUTION OF THE TOWN OF LOS GATOS OVERRULING OBJECTIONS AND ORDERING ABATEMENT OF WEEDS AS A PUBLIC NUISANCE. Carried unanimously. CURFEW ORDINANCE AMENDMENTS/INTRODUCTION OF ORDINANCE (14.09) Mayor Lubeck stated that this was the time and place duly noted for public hearing to consider introducing Ordinance amending Sections 18.030.055, 18.030.060 and 18.030.065, and adding Sections 18.030.050, 18.030.070 and 18.030.075 of the Town Code; Curfew. Chief Todd noted a typographical error in Section IV: (1), (2) & (3). The word remain should be "tarry". The following people from the audience spoke to this issue: Anthony Leto, 347 Massol, owner of Domus, spoke of the zero tolerance policy needed to properly enforce the curfew law. He noted that the corner of Elm and North Santa Cruz is a particularly impacted zone of teen age activity in the evenings. Chief Todd explained that the officers will be using the ordinance fully but tempering the action with curtesy citations and methods compatible with the situation and at the discretion of the officer at hand. No one else from the audience addressed this issue. Motion by Mr. Blanton, seconded by Mrs. Benjamin, to close the public hearing. Carried unanimously. The Town Clerk read the Title of the Proposed Ordinance. Motion by Mr. Blanton, seconded by Mr. Hutchins, to waive the reading of the Proposed Ordinance. Carried unanimously. Motion by Mr. Blanton, seconded by Mr. Attaway, that Council introduce Proposed Ordinance entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING CHAPTER 18, DIVISION 2 - CURFEW, which includes the minor changes to Section IV. Carried unanimously. TC:D9:MM111797 Town Council Minutes November 17, 1997 Los Gatos, California LOS GATOS BOULEVARD 16190/MAGNESON LOOP CORNER/MIXED USE (15.09) Mayor Lubeck stated that this was the time and place duly noted for public hearing to consider appeal of a decision of the Planning Commission approving an Architecture and Site and a Conditional Use Permit Application to construct a new mixed use building containing office and residential uses on property zoned "O" Office. Project Application PRJ-97-129. Property Location: 16190 Los Gatos Boulevard. Applicant: Kenneth M. Blackwell, Inc. Property Owner: Jerald B. & Judith A. Adams. Appellant: Sharon Brunner Turzo. TC:D9:MM111797 Town Council Minutes November 17, 1997 Los Gatos, California HEARINGS CONTINUED LOS GATOS BOULEVARD 16190/MAGNESON LOOP/CONT. The following people from the audience spoke to this issue: Sharon Brunner Turzo, 16689 Magneson Loop, Appellant, spoke regarding the concerns of the neighborhood as they relate to the project. They would like their concerns recognized and addressed during the construction procedures. These concerns are: 1) Parking and sufficient on site space to compensate for the offices and residents and to have little impact on Magneson; 2) Use restrictions regarding any retail on this site (the neighborhood has agreed to office and residential); 3) The neighborhood does not want any curbs or gutters; 4) they would like sidewalk repaired but not new sidewalks; 5) Architecture to reflect the Tudor style on Magneson. Ken Blackwell, 61-B Victory Lane, Applicant, spoke of the project and his work with the neighborhood. The project will be residential on the Magneson Loop side, with only residential use on that side and attractive landscaping. He addressed mass and height with the neighbors and made alterations. He suggested adding a lease agreement prohibiting home business use that would generate traffic. He noted that there are homes on Magneson higher than this project. Chris Spaulding, Architect, 801 Camellia St., Berkeley, submitted a drawings for the record showing the steeper pitch to the roofline and the added dormers to accommodate the reduced height and change in pitch. Monica Plishca, 16770 Magneson Loop, lives next door to the proposed project. She would appreciate a buffer from the truck dealership next door. The lights and the roof are objectionable to her. The new project will offer a landscaping screen as a buffer and the fencing choice was acceptable. Jim Reece, 16710 Magneson Loop, favors the project and the quality of the development. Sharon Geis, 16770 Magneson Loop, had a letter read into the record. Finds the project the best suited that has been proposed in the 27 years she has lived there. Does not want gutters and curbs. 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 Mr. Blanton, seconded by Mr. Hutchins, that Council deny the appeal and approve and uphold the Planning Commission's decision and approve Project Application PRJ-97-129 with the following amendments: 1) the eves be lowered by three feet; 2) the dormer windows be added. Carried by a vote of three ayes. Mr. Attaway voted no. Mrs Benjamin voted no for the following reasons: 1) She believes the neighborhood was TC:D9:MM111797 Town Council Minutes November 17, 1997 Los Gatos, California afraid of what Council could potentially approve in the future and that this one is good so lets accept it now; 2) The one story office building across the street is an attractive project for a small lot and she would rather wait for a similar project to be proposed; 3) Magneson Loop is one of the most beautiful streets in Los Gatos and she would rather hold out for a more compatible structure; 4) Los Gatos Boulevard deserves the best of development also. TC:D9:MM111797 Town Council Minutes November 17, 1997 Los Gatos, California OTHER BUSINESS OHLONE COURT/PREFERENTIAL PARKING (16.40) Mayor Lubeck stated that this was the time and place duly noted to consider request to establish the Ohlone Court Preferential Parking District. The following people from the audience spoke to this issue: Peter Jordon, 136 Ohlone Court, spoke of the picnickers, car repairs, and gatherings of people as they prepare to walk on the trail. Addressed the safety issues of strangers passing through their development. Michael Montgomery, 100 Ohlone Court, addressed the teenagers, runners and bikers that part in there development preparing to use the trail or walk to the park and avoid the parking fees. Linda Levenson, 106 Ohlone Court, asked for preferential parking. Anne Marie LaBeau, 108 Ohlone Court, described the trash and graffiti which afflict their development due to the many people drawn to the trail. No one else from the audience addressed this issue. Motion by Mrs. Benjamin, seconded by Mr. Blanton, to establish a preferential parking district for Ohlone Court. Motion failed with 3 noes to 2 ayes. Mr. Attaway noted that he lived adjacent to a large park and had bicycle races, Christmas Parade, and family events a constant by his home due to living downtown and by Bachman Park. He noted that different areas in town were impacted on a regular basis due to schools, parks, businesses, hospitals etc.. The only times the Town has created parking districts is in severely impacted older residential districts where there were no driveways or garages historically, and the only place to park was on the street. BELLA VISTA AVENUE 371/ALTERNATE CURBS AND GUTTERS (17.09) Mayor Lubeck stated that this was the time and place duly noted to consider authorizing the developer to install an alternate curb and gutter design along Bella Vista Avenue frontage of Tract 8820, 371 Bella Vista Avenue. The following people from the audience spoke to this issue: Rick Melsig, 340 Bella Vista, approves the concept of no gutters or alternate gutters. Jim Waite, 402 Bella Vista, spoke of the safety issues concerned with the present configuration. Tim Coughlin, 320 Bella Vista, asked that the construction be removed and the area be put back just the way it was previously. Bob Hamilton, 368 Bella Vista, declared that there is no need or any use for a fence in that area nor has there been any run off to suggest a need for crbs and gutters. He would TC:D9:MM111797 Town Council Minutes November 17, 1997 Los Gatos, California like the area to be returned to how it looked before. No one else from the audience addressed this issue. Motion by Mrs. Benjamin, seconded by Mr. Hutchins, to authorize the developer to put the area under question back the way it was; that the gutters and curbs not be put in as was originally requested by the Town; that the Town waive the requirement and condition for curbs and gutters and have the developer put the area back to the way it looked before; finding that there is no safety issue involved in this decision. Carried unanimously. TC:D9:MM111797 Town Council Minutes November 17, 1997 Los Gatos, California OTHER BUSINESS CONT. COUNCIL RECESS Mayor Lubeck called a recess at 9:35. Council resumed at 9:40 p.m. VALET PARKING/GOLDEN GATE VALET/RESOLUTIONS 1997-131 & 1997-132 (18.40) Mayor Lubeck stated that this was the time and place duly noted to consider adopting Resolution approving valet parking for downtown on a 45 day trial basis and adopting resolution authorizing the Town Manager to enter into an agreement with Golden Gate Valet Parking Services. The following people from the audience spoke to this issue: Tony Letos, 347 Massol, his business is in the area impacted by the Old Town construction and asked for immediate adoption. Larry Arzie, owner of The Porch, spoke of the 152 employees who need to park during this time and who will be forced into the residential areas. Penny Avanovich, 215 Casedas Blvd., owner of Valarianos, people are calling from their cars and cancelling their reservations because they can not find parking. She asked for adoption. She also asked Council to allow the businesses to negotiate for paid parking with people who own private parking areas. Speaker, 16400 Englewood, operates a business on North Santa Cruz, asked if parking on Miles would be available during this time. Rick Melsig, 340 Bella Vista, asked to pursue the Miles Ave. parking possibility. Rex Morton, 51 University Ave, Suite I, spoke in favor of valet parking for a modicum of relief during the construction schedule. Michael Paderotti, speaker for Golden Gate Valet Parking firm, noted that the parking areas had to be close by to be financially viable and that the Miles Ave. area would be too far for the valet service. No one else from the audience addressed this issue. Motion by Mr. Blanton, seconded by Mr. Hutchins, that Council adopt Resolution 1997- 131 entitled, RESOLUTION OF THE TOWN OF LOS GATOS APPROVING VALET PARKING FOR A TRIAL PERIOD IN THE DOWNTOWN THROUGH JANUARY 15, 1998. Carried by a vote of 3 ayes. Mr. Attaway voted no preferring the language of 45 days. Mrs. Benjamin abstained. Motion by Mr. Blanton, seconded by Mr. Hutchins, that Council adopt Resolution 1997- 132 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO ENTER INTO AN AGREEMENT BETWEEN THE TOWN OF LOS GATOS TC:D9:MM111797 Town Council Minutes November 17, 1997 Los Gatos, California AND GOLDEN GATE VALET SERVICE, with the following amendment: "....to execute said contract/agreement for a trial period through January 15, 1998 in the name and on behalf of the Town of Los Gatos." Carried by a vote of 3 ayes. Mr. Attaway voted no preferring the language of 45 days. Mrs. Benjamin abstained. TC:D9:MM111797 Town Council Minutes November 17, 1997 Los Gatos, California SPECIFIC PLAN/NORTH OF LARK/WEST OF LOS GATOS BOULEVARD (07.47) Mayor Lubeck stated that this was the time and place duly noted to consider accepting the General Plan Committee's recommendation for a Specific Plan for the area north of Lark Avenue and West of Los Gatos Boulevard, and direct staff to include the Specific Plan as a project for consideration in the Planning Department 1998-99 Budget. Consensus of Council to return this item to Council with additional information on what the General Plan Committee saw as necessary in requesting a circulation plan and drainage plan as specific elements to be reviewed in establishing a Specific Plan for this location. Council believes it needs a great deal more information before it makes a decision. TOWN COUNCIL MEETING SCHEDULE (19.10) Council had difficulty finding a date to hold its annual Workshop and requested staff to work with them and their calendars to arrive at a compatible date and time. This item will return to Council for amendment when a decision has been agreed upon. COUNCIL REPORTS (20.10) Joanne Benjamin reported on the Cities Association that their Holiday Event is being held at the Hayes Mansion on December 11, 1997 for all Councilmembers and Managers. In January there will be an open meeting held with Creighton & Creighton speaking on how to build consensus. Their presentation will be held at Sunnyvale City Hall on January 8, 1998. There is a vacancy on the Executive Board. Patty Williams of Los Altos was not reelected and her position is now open on the board. The term expires June 30, 1998 but they need someone immediately. They meet at 7:30 p.m. in Oakland. At the last meeting, Becky Morgan of Joint Venture Silicon Valley spoke. They have put together a new team called "Vision Leadership Team" to work on sustainability of businesses in the valley. ADJOURNMENT Motion by Mrs. Benjamin, seconded by Mr. Blanton, that this evening's meeting be adjourned at 10:55 p.m. Carried unanimously. ATTEST: TC:D9:MM111797 Town Council Minutes November 17, 1997 Los Gatos, California Marian V. Cosgrove Town Clerk TC:D9:MM111797