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M 11-03-97TOWN OF LOS GATOS CALIFORNIA TOWN COUNCIL/PARKING AUTHORITY November 3, 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, November 3, 1997, in regular session. ROLL CALL Present:Steven Blanton, Jan Hutchins, Linda Lubeck and Mayor Joanne Benjamin. Absent:Randy Attaway. PLEDGE OF ALLEGIANCE Given by all in attendance. CLOSED SESSION Town Attorney, Orry Korb, announced that prior to this evening's meeting, Council had met in Closed Session pursuant to Government Code Section 54956.9(b) (Threatened Litigation) to discuss claim of Brigid M. Moreton. There is no report at this time. SCHEDULE OF PUBLIC HEARINGS (01.01) Informational report regarding currently scheduled public hearings was received and filed. COUNTY REFERRALS (02.47) Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council approve the recommended action concerning County Referrals: NUMBER LOCATION APPLICANT REQUEST RECOMMENDATION 6777 16197 Maya Way S.J. Water Co.Design Review/Grading Approval/2 Conditions Carried by a vote of 4 ayes. Mr. Attaway absent. CODE COMPLIANCE/QUARTERLY REPORT (03.47) Informational report from the Code Compliance Officer regarding abatement of code violations 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/SEPTEMBER-OCTOBER 1997 (05.V) Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council ratify the check register for the payroll of September 21, 1997 through October 4, 1997, paid on October 10, 1997, in the amount of $309,119.30. Carried by a vote of 4 ayes. Mr. Attaway absent. TC:D9:MM110397 ACCOUNTS PAYABLE/RATIFICATION/SEPTEMBER 1997 (06.V) Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council ratify the accompanying check registers for accounts payable invoices paid on October 17 and October 24, 1997 in the amount of $918,965.89. Carried by a vote of 4 ayes. Mr. Attaway absent. TC:D9:MM110397 Town Council Minutes November 3, 1997 Los Gatos, California MINUTES OF OCTOBER 20, 1997 (07.V) Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council approve the Minutes of October 20, 1997, as amended on page 7. Mr. Hutchins asked that the Council Reports item read as follows:..."Staff recommendation was to accept the less expensive configuration in downtown San Jose..." Carried by a vote of 4 ayes. Mr. Attaway absent. TREASURER'S REPORT (08.V) Informational report submitted by the Treasurer to the Council as of September 30, 1997, was received and filed. AMICUS BRIEF/LONG BEACH HERITAGE/BOARD OF HARBOR COMMISSIONERS (09.01) Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council authorize participation to join amicus brief in Long Beach Heritage v. Board of Harbor Commissioners, et al., Second District Court of Appeal, Civil #B112374, at no cost to the Town. Carried by a vote of 4 ayes. Mr. Attaway absent. VALET PARKING/DOWNTOWN/PUBLIC MEETING (11.40) Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council accept report on valet parking for downtown and set November 17, 1997 for a public hearing. Carried by a vote of 4 ayes. Mr. Attaway absent. BUS DEPOT RIDERSHIP (12.40) Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council accept report on bus depot ridership. Carried by a vote of 4 ayes. Mr. Attaway absent. EL NINO/TOWN'S PREPARATION/WEATHER PHENOMENON (13.38) Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council accept an informational report on the Town's efforts to prepare for the approaching weather phenomenon known as El Nino. Carried by a vote of 4 ayes. Mr. Attaway absent. DOWNTOWN STREETSCAPE/PROJECT 9617/RESOLUTION 1997-122 (14.35) Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council adopt Resolution 1997-122 entitled, RESOLUTION OF THE TOWN OF LOS GATOS ACCEPTING WORK OF BLOSSOM VALLEY CONSTRUCTION - PROJECT 9617 -- DOWNTOWN STREETSCAPE IMPROVEMENTS - PHASE I - AND AUTHORIZING THE TOWN MANAGER TO EXECUTE CERTIFICATE OF ACCEPTANCE AND NOTICE OF COMPLETION FOR RECORDING BY TOWN CLERK. Carried by a vote of 4 ayes. Mr. Attaway absent. TREE PRUNING AND REMOVAL/PROJECT 9715/RESOLUTION 1997-123 (15.35) Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council adopt Resolution 1997-123 entitled, RESOLUTION OF THE TOWN OF LOS GATOS TO AUTHORIZE TOWN MANAGER TO EXECUTE AN AGREEMENT WITH DAVEY TREE EXPERT COMPANY TO COMPLETE PROJECT 9715 - TREE PRUNING AND REMOVAL - IN AN AMOUNT NOT TO EXCEED $36,060. Carried by a vote of 4 ayes. Mr. Attaway absent. TC:D9:MM110397 Town Council Minutes November 3, 1997 Los Gatos, California WEED ABATEMENT/DECLARING PUBLIC NUISANCE/RESOLUTION 1997-121 (16.28) Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council adopt Resolution 1997-121 entitled, RESOLUTION OF THE TOWN OF LOS GATOS DECLARING WEEDS A PUBLIC NUISANCE AND PROVIDING FOR THEIR ABATEMENT. Carried by a vote of 4 ayes. Mr. Attaway absent. WOODED VIEW DRIVE 135/SINGLE FAMILY HOME/RESOLUTION 1997-124 (17.09) Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council adopt Resolution 1997-124 entitled, RESOLUTION OF THE TOWN OF LOS GATOS DENYING APPEAL OF A DECISION OF THE PLANNING COMMISSION DENYING AN ARCHITECTURE AND SITE APPLICATION TO CONSTRUCT A NEW SINGLE FAMILY RESIDENCE IN THE HR-1 ZONE/PROJECT APPLICATION PRJ-97-050. Carried by a vote of 4 ayes. Mr. Attaway absent. UNIVERSITY AVENUE 742/ZONE CHANGE/LM TO LM-PD/ORDINANCE 2037 (18.09) Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council adopt Ordinance 2037 entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE TOWN CODE EFFECTING A ZONE CHANGE FROM LM TO LM-PD FOR PROPERTY AT 742 UNIVERSITY AVENUE. Carried by a vote of 4 ayes. Mr. Attaway absent. VERBAL COMMUNICATIONS Downtown Lighting at Elm: Bahad Bushani, Cafe Rouge, 42 Elm Street, spoke of lighting downtown and the very dark area by Elm Street and North Santa Cruz Avenue. Tony Leto, 347 Massol, co-owner of Domus, agreed that this section was very dark and people have a tendency to loiter behind the planters at Domus. Since it has become darker earlier there are more people tripping on the sidewalks and curbs. He also asked that the police patrol that area more frequently. Mayor Benjamin asked that staff look at that area and see if there is some possibility of adding additional lighting. HEARINGS TOURNEY ROAD 17651/ACCESSORY UNITS/ROAD EASEMENT (19.09) Mayor Benjamin stated that this was the time and place duly noted for public hearing to consider appeal of a Planning Commission decision approving a Conditional Use Permit to allow an accessory living quarters, 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. Project Application PRJ-97-154. Property Location: 17651 Tourney Road. Property Owner/Applicant: Steven Miller. Appellant: Raymond A. Power. TC:D9:MM110397 Town Council Minutes November 3, 1997 Los Gatos, California HEARINGS CONTINUED TOURNEY ROAD 17651/ACCESSORY UNITS/ROAD EASEMENT CONT: The following people from the audience spoke to this issue: Ray Powers, 17652 Tourney Road, does not believe the applicant has an easement to use his road and does not want additional traffic going past his home. Steve Miller, 17651 Tourney Road, has documents stating his prescriptive easement to the property and believes he has rights to use the road in question. Mike Vierhus, Architect, 14363 Saratoga Ave., Saratoga, spoke of the plans past and present in trying to work with this piece of property, and the need for the alternate access so as to place the structures and pool conveniently and for emergency fire access. Steve Musick, 17655 Tourney Road, does not object to the project Beverly Miller, 17651 Tourney Road, spoke of an easement recorded in her deed. No one else from the audience addressed this issue. Motion by Mr. Blanton, seconded by Mr. Hutchins, to close the public hearing. Carried by a vote of 4 ayes. Mr. Attaway absent. Motion by Mrs. Lubeck, seconded by Mr. Hutchins, that Council grant the appeal and add a condition to the Planning Commission's conditions, (Exhibit "A" of the staff report); that no building permits shall be issued until such time as the applicants can prove to the satisfaction of the Town Attorney that they have a quiet title to access the road in question. Carried by a vote of 4 ayes. Mr. Attaway was absent. MISTLETOE ROAD 217/SINGLE FAMILY HOUSE/HILLSIDE CONSTRUCTION (20.09) Mayor Benjamin stated that this was the time and place duly noted for public hearing to consider appeal of Planning Commission decision approving an Architecture and Site Application to construct a new single family residence in the R-1:10 Zone. A) Project Application PRJ-97-056. Negative Declaration ND-97-007. No significant environmental impacts were identified as a result of this project, and a Negative Declaration was made. Property Location: 217 Mistletoe Road. Property Owner: DAn & Amber Shaw. Appellants: Alan Secor, Marshall and Rebecca Pettit, Arlene Bing, V.P. for Rinconada Hills Homeowners Association. The following people from the audience spoke to this issue: Michael Stone, Attorney, 16400 Lark Avenue, spoke of the safety of the hillside and submitted a poster board diagram of the properties in question. Marshall Pettit, 179 Altura Vista, opposes the location of the project due to the possibility of land slippage, and asked that it be moved somewhere else on the lot. Arlene Bing, V.P. Rinconada Hills Homeowners' Assoc., spoke of the liabilities of the homeowners in view of the possibility of hillside land slippage. Dan & Amber Shaw, 2230 Shamrock Drive, Campbell, elucidated on all the studies and effort made to alleviate any possibilities of land slippage on the location of their new home. David Shrier, Consulting Engineer and Geologist, 330 Village Lane, spoke of the report made by his company and his belief that there are solutions to the soil slippage problem of the site in question. TC:D9:MM110397 Town Council Minutes November 3, 1997 Los Gatos, California HEARINGS CONTINUED MISTLETOE ROAD 217/SINGLE FAMILY HOUSE/HILLSIDE CONSTRUCTION CONT: Speakers continued: Mark English, Inglese Architecture, 18 Bartol Alley, San Francisco, spoke of the mitigation measures used to control any land slippage and to have the proposed project impact as little of the lot as possible. Alan Secor, 181 Altura Vista, a neighbor above the proposed project does not believe there are sufficient safeguards proposed to eliminate the possibility of land slippage which would affect his property. Brian George Duncan, 171 Altura Vista, is concerned about land slippage and the size of the proposed structures on this lot. Mr. Shaw readdressed Council concerning the EIR that has been completed on the project and which was done by a firm selected from a Town approved list. Mr. Pettit referred to the William Cotton and Associates report and asked for guarantees regarding the suggested mitigation methods. No one else from the audience addressed this issue. Motion by Mr. Hutchins, seconded by Mr. Blanton, to close the public hearing. Carried by a vote of 4 ayes. Mr. Attaway absent. Motion by Mr. Hutchins, seconded by Mrs. Lubeck, to uphold the Planning Commission's decision and deny the appeal and refer to the Town Attorney for the preparation of the appropriate resolution. (Council Discussion: Mayor Benjamin asked that the Town hire their own geologist to give a second opinion which Mr. Blanton agreed to. Mrs. Lubeck believes that the Rogers Pacific peer review report requested by the Town does give a second opinion. Mr. Hutchins is not in favor unless the Town pays for the report. Mrs. Lubeck asked that the Planning Department clarify the driveway standards for the project.) Motion failed with two ayes and two noes. This causes the original decision of the Planning Commission to stand. OLIVE STREET PARKING PLAN (10.40) The following person from the audience spoke to this issue: Pam Petersen, 133 Olive Street, requested a loading and unloading zone in front of her home in place of the red curb. She noted the increased speed on the street since the red zoning has been in place. No one else from the audience addressed this issue. Council accepted the status report on Olive Street parking and asked staff for additional information to return for the December 1, 1997 meeting. OHLONE COURT/PREFERENTIAL PARKING DISTRICT (21.40) The following people from the audience spoke to this issue: Linda Levinson, 106 Ohlone Court, spoke in favor of a preferential parking district on Ohlone Court due to park users parking on this street. Marilyn Anderson, 102 Ohlone Court, finds difficulty with trail users parking in this neighborhood and with late evening activities occurring in this area. No one else from the audience addressed this issue. Council Consensus to continue this item to November 17, 1997 for a full Council so as to alleviate TC:D9:MM110397 Town Council Minutes November 3, 1997 Los Gatos, California the possibility of a tie vote. TC:D9:MM110397 Town Council Minutes November 3, 1997 Los Gatos, California COUNCIL MEETING SCHEDULE/FISCAL YEAR 1997-98 (22.10) Council Consensus to amend Town Council/Redevelopment Agency Meeting Schedule for 1997-98 Fiscal Year adding November 24, 1997 study session to discuss residential development policies, and to have staff attempt to reschedule the January 10, 1998 Workshop to another date. COUNCIL COMMITTEE REPORTS Joanne Benjamin reported on the Metropolitan Transportation Commission's document, Track 2--A Plan for Funding Advocacy for the San Francisco Bay Area, that will be available for Council and staff in the Manager's Office. The December Meeting for the Cities Association is Thursday, Dec. 11th. It is a membership meeting and Dinner at the Hayes Mansion for Council Members and Staff. ADJOURNMENT Motion by Mr. Blanton, seconded by Mr. Hutchins, that this evening's meeting be adjourned at 10:11 p.m. Carried by a vote of 4 ayes. Mr. Attaway absent. ATTEST: Marian V. Cosgrove Town Clerk TC:D9:MM110397