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M 10-05-98TOWN OF LOS GATOS CALIFORNIA TOWN COUNCIL/PARKING AUTHORITY JOINT REDEVELOPMENT AGENCY October 5, 1998/Minutes TOWN COUNCIL The Town Council/Parking Authority/Redevelopment Agency of the Town of Los Gatos met in the Council Chambers of the Town Hall, 110 East Main Street, at 7:30 p.m., Monday, October 5, 1998, in joint regular session. ROLL CALL Present:Randy Attaway, Joanne Benjamin, Steven Blanton, Jan Hutchins, and Mayor/Chairman Linda Lubeck. Absent:None. PLEDGE OF ALLEGIANCE Given by all in attendance. CLOSED SESSION Town Attorney, Orry Korb, announced that Council had met in Closed Session this evening pursuant to Government Code Section 54957.6, (Conference with Labor Negotiator). Town Negotiator (Lead): James W. Piper, Assistant Town Manager/Personnel Officer and Association: Police Officers' Association. Council gave direction to Town Negotiator but no final actions were taken tonight. SCHEDULE OF PUBLIC HEARINGS (01.01) Informational report regarding currently scheduled public hearings was received and filed. COUNTY REFERRALS (02.47) Motion by Mrs. Benjamin, seconded by Mr. Hutchins, that Council accept the report concerning County Referrals: NUMBER LOCATION APPLICANT REQUEST RECOMMENDATION 7147 14205 Shannon Rd.Mac Beth Building Site Approval/No Conditions Design Review Carried unanimously. RATIFICATION OF PAYROLL/SEPTEMBER 1998 (03.V) Motion by Mrs. Benjamin, seconded by Mr. Hutchins, that Council ratify the check registers for the payroll of September 6 through September 19, 1998 paid on September 25, 1998, in the amount of $337,767.08. Carried unanimously. ACCOUNTS PAYABLE/RATIFICATION/SEPTEMBER 1998 (04.V) Motion by Mrs. Benjamin, seconded by Mr. Hutchins, that Council ratify the accompanying check registers for accounts payable invoices paid on September 18 and September 25, 1998 in the amount of $283,389.39. Carried unanimously. MINUTES OF SEPTEMBER 21, 1998 (05.V) Motion by Mrs. Benjamin, seconded by Mr. Hutchins, that Council approve the Minutes of September 21, 1998 with the following corrections: On page 4, under Motion by Mrs. Benjamin, it TC:D10:MM100598 should read as follows; "Structural members will be sufficient for an attic, not for living space." and the words "whatever it takes" should be deleted. On page 7 it was noted that the Santa Clara Cities Association would be interviewing during the month of November. Carried unanimously. TC:D10:MM100598 Town Council Minutes October 5, 1998 Redevelopment Agency Los Gatos, California TREASURER'S REPORT (06.V) Informational report submitted by the Treasurer to the Council as of August 31, 1998, was received and filed. NON-SALEABLE LIBRARY MATERIALS DONATIONS/RESOLUTION 1998-157 (07.44) Motion by Mrs. Benjamin, seconded by Mr. Hutchins, that Council adopt Resolution 1998-157 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE LIBRARY DIRECTOR TO DISPOSE OF WITHDRAWN LIBRARY MATERIALS WHICH CANNOT BE SOLD IN THE FRIENDS' USED BOOK SALES BY GIVING THESE MATERIALS TO THE SALVATION ARMY OR ANY OTHER NON-PROFIT ORGANIZATION WILLING TO COLLECT THEM. Carried unanimously. KNOWLES AND CAPRI/TRAFFIC SIGNAL/PRJ 9916/RESOLUTION 1998-158 (08.35) Motion by Mrs. Benjamin, seconded by Mr. Hutchins, that Council adopt Resolution 1998-158 entitled, RESOLUTION OF THE TOWN OF LOS GATOS APPROVING PLANS AND SPECIFICATIONS FOR PROJECT 9916 - SIGNAL AT KNOWLES AND CAPRI. Carried unanimously. TREE PRUNING AND REMOVAL/PROJECT 9927/RESOLUTION 1998-159 (09.35) Motion by Mrs. Benjamin, seconded by Mr. Hutchins, that Council adopt Resolution 1998-159 entitled, RESOLUTION OF THE TOWN OF LOS GATOS APPROVING SPECIFICATIONS FOR PROJECT 9927 - TREE PRUNING AND REMOVAL. Carried unanimously. LOS GATOS BOULEVARD 15643/COMPLETION NOTICE/RESOLUTION 1998-160 (11.09) Motion by Mrs. Benjamin, seconded by Mr. Hutchins, that Council adopt Resolution 1998-160 entitled, RESOLUTION OF THE TOWN OF LOS GATOS ACCEPTING WORK OF TOM LUM AND FRANK CHIN DEVELOPERS, 15643 LOS GATOS BOULEVARD AND AUTHORIZING THE TOWN MANAGER TO EXECUTE CERTIFICATE OF ACCEPTANCE AND NOTICE OF COMPLETION FOR RECORDING BY TOWN CLERK. Carried unanimously. TOWN CODE DEFINITIONS/FINISHED FLOOR/FINISHED GRADE/NATURAL GRADE HEIGHT/HEIGHT RESTRICTIONS/EXCEPTIONS/FENCES/HEDGES/WALLS TOWN CODE SECTIONS 29.10.020, 29.10.090, 29.40.030/ORDINANCE 2049 (12.46) Motion by Mrs. Benjamin, seconded by Mr. Hutchins, that Council adopt Ordinance 2049 entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING TOWN CODE SECTION 29.10.020 (DEFINITIONS FOR FINISHED FLOOR, FINISHED GRADE, NATURAL GRADE, AND HEIGHT), SECTION 29.10.090 (HEIGHT RESTRICTION, EXCEPTIONS); AND SECTION 29.40.030 (FENCES, HEDGES AND WALLS, which was introduced at the Council meeting of September 21, 1998. Carried unanimously. HERNANDEZ AVENUE 55/LANDMARK HISTORIC PRESERVATION/ORDINANCE 2050 (13.09) Motion by Mrs. Benjamin, seconded by Mr. Hutchins, that Council adopt Ordinance 2050 entitled, ORDINANCE OF THE TOWN OF LOS GATOS DESIGNATING 55 HERNANDEZ AVENUE AS HISTORICALLY AND CULTURALLY SIGNIFICANT, which was introduced at the Council meeting of September 21, 1998. Carried unanimously. TC:D10:MM100598 Town Council Minutes October 5, 1998 Redevelopment Agency Los Gatos, California UNIVERSITY AVE 720/ZONE CHANGE TO LM-PD/ORDINANCE 2051 (14.09) Motion by Mrs. Benjamin, seconded by Mr. Hutchins, that Council adopt Ordinance 2051 entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE TOWN CODE EFFECTING A ZONE CHANGE FROM LM TO LM-PD FOR PROPERTY AT 720 UNIVERSITY AVENUE, which was introduced at the Council meeting of September 21, 1998. Carried unanimously. FAIRVIEW PLAZA 98/SINGLE FAMILY RESIDENCE/RESOLUTION 1998-161 (15.09) Motion by Mrs. Benjamin, seconded by Mr. Hutchins, that Council adopt Resolution 1998-161, which appeared in the desk item before Council, entitled RESOLUTION OF THE TOWN OF LOS GATOS GRANTING AN APPEAL OF A DECISION OF THE PLANNING COMMISSION APPROVING AN ARCHITECTURE AND SITE APPLICATION TO CONSTRUCT A NEW TWO STORY SINGLE FAMILY RESIDENCE THAT EXCEEDS THE TOWN'S POLICY ON FAR FOR SLOPING LOTS AND A DETACHED GARAGE WITHIN THREE FEET OF THE SIDE PROPERTY LINE TO REPLACE AN EXISTING HOUSE THAT ALREADY HAS RECEIVED TOWN APPROVAL FOR DEMOLITION DUE TO FIRE, WATER AND EARTHQUAKE DAMAGE ON PROPERTY ZONED R-1:8 LHP, which confirms Council action on September 21, 1998. Carried unanimously. AMICUS BRIEF/HOWARD JARVIS TAXPAYERS ASSOC VS CITY OF SAN DIEGO (16.01) Motion by Mrs. Benjamin, 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 Howard Jarvis Taxpayers Assn. v. City of San Diego, #D0313448 (Court of Appeal, Fourth Appellate District, Division One.) Carried unanimously. VERBAL COMMUNICATIONS: Hillside Scraping: David Weisman, 15431 Frances Oaks Way, spoke of the lack of control over the grading policies in the hillside. He noted that trees were protected in Town but that the hillside habitats were not protected when large areas are graded and scraped for weed control. Scrub oak, chaparral, natural vegetation and wildlife communities. The area that was scraped was classified as open space categories #1 & #2, the most environmentally significant in the Blossom Hill Open Space Study done in the late 1980's. The valley in the center of the property was designated as an area for potential riparian restoration. Presently there is nothing in Town ordinance to prevent this from occurring on any of the other properties in the foothills. He asked that Council address this issue. Mayor Lubeck and Council asked staff to prepare information regarding this subject for a future Council agenda. Los Gatos High School Site Development: Jim Waite, 402 Bella Vista Ave, spoke concerning the increased traffic on Bella Vista. He noted that the High School was planning expansion activities which would impact the traffic on Bella Vista, Pleasant and New York Ave. He asked that the Town send representatives to the school planning meetings so that there would be some understanding of the impacts the school would be causing on the streets and residents of the Town when they proceed with their development plans. That the Mayor contact the school and ask that a councilmember be appointed to be a liaison for the community. TC:D10:MM100598 Town Council Minutes October 5, 1998 Redevelopment Agency Los Gatos, California VERBAL COMMUNICATIONS CONT: Hillside Scraping: Diane Maclaughlin, 15626 Frances Oaks Way, agreed with the first speaker concerning the bulldozing of the hillside off Short Road. She noted that many neighbors in the area were concerned about this activity and that lack of control over the procedure. 8 Pennsylvania Ave: Leslie Dill, 220 Wilder Ave, asked that Item 19 be heard out of order due to the possibility of it being continued. HEARINGS PENNSYLVANIA AVENUE 8/APPEAL OF RESIDENTIAL REMODEL (19.09) Mayor Lubeck stated that this was the time and place duly noted for public hearing to consider appeal of the decision of the Planning Commission denying a Minor Residential Development Application to construct a second story addition to a pre 1941 single family residence on property zoned R-1D. Project Application PRJ-98-030. Property Location: 8 Pennsylvania Avenue. Property Owner: Paul Dufresne. Appellant: Leslie A. G. Dill. (Applicant requested continuance to 10/19/98) Mayor Lubeck asked if there were any people in the audience to speak to this item and noted that there was no response. Motion by Mrs. Benjamin, seconded by Mr. Hutchins, that Council continue this item until October 19, 1998. Carried unanimously. LOS GATOS BOULEVARD 15737/MIXED USE COMMERCIAL/PUBLIC HEARING ORDINANCE INTRODUCTION/RESOLUTION 1998-162 (17.09) Consider a request for approval of: (1) a General Plan Amendment to change the land use designation from Low Density Residential to Mixed Use Commercial, (2) a Zone change from R-1:8 (Single Family Residential, minimum lot size 8,000 sq. ft.) to CH (Restricted Highway Commercial), and (3) Architecture and Site approval to construct a new office building, a) Development Application DEV- 97-006, b) Project Application PRJ-97-184, c) Negative Declaration ND-97-16. Property Location: 15737 Los Gatos Boulevard. Applicant/Property Owner: William Errico/Dennis Chegwin. No significant environmental impacts have been identified as a result of this project and a Negative Declaration is recommended. The following people from the audience spoke to this issue: Roger Griffin, Paragon Design Group, 405 Alberto Way, Ste. A, representing Bill Errico and Dennis Chegwin, property owners. He noted that the project had the support of the residential neighbors, and that the proposal had been adjusted to meet the concerns of the neighbors and Town. Bill Errico, 236 University, made himself available for questions from Council. No one else from the audience addressed this issue. TC:D10:MM100598 Town Council Minutes October 5, 1998 Redevelopment Agency Los Gatos, California HEARINGS CONTINUED LOS GATOS BOULEVARD 15737/MIXED USE COMMERCIAL/PUBLIC HEARING ORDINANCE INTRODUCTION/RESOLUTION 1998-162 (17.09) CONT. Motion by Mrs. Benjamin, seconded by Mr. Blanton, to close the public hearing. Carried unanimously. Motion by Mr. Attaway, seconded by Mr. Blanton, that Council make the Negative Declaration; and find that the General Plan Amendment is consistent with the General Plan and Los Gatos Boulevard Plan. Carried unanimously. Motion by Mr. Attaway, seconded by Mr. Blanton, that Council adopt Resolution 1998-162 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AMENDING THE GENERAL PLAN DESIGNATION FROM LOS DENSITY RESIDENTIAL, 0-5 DWELLING UNITS PER ACRE TO MIXED USE COMMERCIAL FOR A PROPERTY AT 15737 LOS GATOS BOULEVARD. Carried unanimously. Motion by Mr. Hutchins, seconded by Mr. Blanton, to waive the reading of the Proposed Ordinance. Carried unanimously. The Town Clerk read the Title of the Proposed Ordinance. Motion by Mr. Blanton, seconded by Mr. Attaway, that Council introduce Proposed Ordinance entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONING ORDINANCE EFFECTING A ZONE CHANGE FROM R-1:8 (SINGLE FAMILY RESIDENTIAL) TO CH (RESTRICTED HIGHWAY COMMERCIAL) AT 15737 LOS GATOS BOULEVARD. Carried unanimously. MOBILE HOME PARK CONVERSION/APPLICATION FINDINGS/PUBLIC HEARING (18.47) Consider amending Town Code Section 29.20.820 regarding Mobile Home Park Conversion, "Findings Upon Consideration of Application," to implement Housing Element Section 3.5.10 of the General Plan, Zoning Code Amendment A-98-03. Applicant: Town of Los Gatos. The following people from the audience spoke to this issue: Larry Andreasson, 484 Woodland Ave #60, he asked for clarification of the relocation rules and regulations concerning residents. Sandra Foster, 49 Chester St, noted that the present number of residents at the mobile home park does not overly impact the district, but that additional living units would have a traffic impact that would be distressful to the neighborhood. Jack Jones, 484 Woodland Ave #45, would like to see a rental endorsement letter included in the ordinance. Dorothy Shaddock, 116 Towne Terrace #16, noted the need for affordable housing and contemplated the ability to replace the affordable housing that is presently on this site. Gerald Mirassou, 607 Galen Drive, San Jose, Bonnie View Mobile Home Park owner, noted that his letters to the Planning Commission had been omitted from Council's packet. He spoke of the problems of aging mobile home parks existing under rent and property controls. TC:D10:MM100598 Town Council Minutes October 5, 1998 Redevelopment Agency Los Gatos, California HEARINGS CONTINUED MOBILE HOME PARK CONVERSION/APPLICATION FINDINGS/CONT. Council Comments: Mr. Hutchins believes that Council has discretion regarding one per one replacement. Mr. Attaway also supports one per one replacement, but would like to keep the dialogue open. He would like further discussion on the 12 findings. Mr. Blanton does not agree with the one per one ratio. How is a renter in a park supported during a conversion? What is expected of the owners, as private property owners, during the process? The concerns of economic reality must be recognized as it concerns park deterioration, and the individual needs of the participants in the process. Ask the Rental Advisory Committee to agendize a discussion of the Town's existing below market program, and consider the Town as a participant in the process of trying to meet the housing needs of people that are displaced due to a mobile home park conversion. Mrs. Benjamin supports further discussion and dialogue on this subject before any decisions are made. She suggested that it be sent to RAC to meet and discuss and invite audience participation in the process. Mrs. Lubeck asked that directions to the Rent Advisory Committee study the ordinance. She spoke of written findings to be submitted to Council after considering the public input. She does not believe the directive is one per one. She spoke of defining affordable units and replacement units, and noted the existing 12 findings which give Council the flexibility to make informative decisions. Speakers continued: Marilyn Boruley, 484 Woodland Ave #51, asked for clarification of the subject under discussion. She would like to be prepared with information before the closure takes place. Michael Abkin, 122 El Olivar, agreed with needed community discussion and consideration for creative solutions to the issue. He suggested it return to General Plan Committee for further review. He spoke of diversity of housing and the need of community participation in maintaining this diversity. He noted the downtown location of this affordable housing. He emphasized the need for specific findings to accomplish this goal. Bill Kraus, 484 Woodland Ave #17, member of the Rent Advisory Committee, spoke of the renters' needs and the clarification of definition of affordability. He also spoke to the issue of one per one and suggested methods for accomplishing this. Vikki Recktenwald, 484 Woodland Ave #25, supported the idea of the Town participating in the process of relocating the park residents. Geoff Lamb, 58 Chester St, the current number of homes in the area is tolerable, but an increased number of residences on the mobile home parcel would cause a large traffic impact and safety issues. He agreed with the one per one ratio, if the developer would be allowed to put replacement units off site. Bill Errico, 236 University, reiterated that the issue should return to RAC for a thorough study with all participants involved. Sandy Decker, 45 Glen Ridge, noted that there are few houses left to meet the needs of low and moderate income housing. She suggested that 70% of the present residents be allowed to remain at this site, and asked if this would be a project that redevelopment funds could be used on. No one else from the audience addressed this issue. TC:D10:MM100598 Town Council Minutes October 5, 1998 Redevelopment Agency Los Gatos, California HEARINGS CONTINUED MOBILE HOME PARK CONVERSION/APPLICATION FINDINGS/CONT. Motion by Mr. Hutchins, seconded by Mrs. Benjamin, that Council close the public hearing. Carried unanimously. Further Council Comments: Mr. Attaway did not feel it was appropriate to make a decision tonight when there were so many questions raised. He was concerned about the economics of the proposals and needed more information on costs and funding. He asked to consider the impacts when the one to one ratio did not make economical sense. Mr. Hutchins noted that the question before Council tonight were definitions of words. If the item was to return to the General Plan Committee for consideration he questioned if the larger issues would be addressed and not just the word definitions. Mr. Blanton noted the questions from the audience. What about the future? If there is a conversion what happens to me? He asked that the issue return to RAC and then proceed to the General Plan Committee to discuss the concerns. That as much of the uncertainties as possible be addressed. That the tenure of the renter should hold some weight. Conditions should be spelled out with some precision. That a partnership between the Town, the owner and the renter be explored. Mrs. Benjamin felt that the people from the audience were having difficulty understanding the ordinance and that the RAC should meet and discuss the issues and invite the audience to participate in the process. She addressed the use of Redevelopment funds in meeting the Town's housing goals; in meeting the neighborhoods goals of a one to one ratio; and in achieving the residents goals of remaining in their present location. Motion by Mrs. Benjamin, seconded by Mr. Hutchins, that this item be sent to the Redevelopment Advisory Committe first and then be sent to the General Plan Committee to discuss the overall issues, and then consider if the ordinance should be changed to incorporate the overall issues. This consideration is to be done for any mobile home park conversion and will not be site specific. Mrs. Benjamin and seconder removed the motion. Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, that (1) this item be sent to the Redevelopment Advisory Committee for Public Discussion. That (2) Council hold a study session with the Redevelopment Advisory Committee on the December 7th meeting to review the information gleaned at the public discussion, and that (3) this item be continued and return to Council on December 21, 1998. Carried by a vote of 4 ayes. Mr. Hutchins voted no because the issue seemed too site specific to agree to. EDELEN AVENUE PERMIT PARKING DISTRICT (20.40) Mayor Lubeck stated that this was the time and place duly noted to consider report on Edelen Avenue Permit Parking District. The following people from the audience spoke to this issue: Bill Errico, 236 University Ave, asked that the district remain 24 hour and that Council unrestrict certain portions of the parking lots for all day merchant parking. Diane Leon, 314 University Ave, owner of hair salon on University Ave. requested car and guest passes for the businesses within the 24 hour zone. TC:D10:MM100598 Town Council Minutes October 5, 1998 Redevelopment Agency Los Gatos, California HEARINGS EDELEN AVENUE PERMIT PARKING DISTRICT CONT. Speakers Continued: Lisle Cohen, 250 University Ave, speaking as a resident expressed her appreciation for the 24 hour parking district and noted the ease of parking for herself and guests. She asked that it not be changed. Phil Rhodes, 230 University Ave, appreciates the 24 hour parking for the residents. Gayle, works at 314 University hair salon, and asked that businesses located on University be given some consideration. Dorothy Shaddock, 116 Town Terrace, noted that guest passes were available to the residents of the district and there should be some reminders of that accommodation. No one else from the audience addressed this issue. Motion by Mrs. Lubeck, seconded by Mr. Hutchins, to have staff prepare a resolution which allows businesses located in a preferential parking district to participate in that district. This item will return to Council on October 19, 1998. Carried unanimously. CONFLICT OF INTEREST CODE AMENDMENTS/PUBLIC HEARING (21.01) Mayor Lubeck stated that this was the time and place duly noted to consider introduction of an ordinance amending Town Conflict of Interest Code. The Town Clerk read the Proposed Ordinance. Motion by Mrs. Lubeck, seconded by Mrs. Benjamin, to waive the reading of the Proposed Ordinance. Carried unanimously. Motion by Mrs. Lubeck, seconded by Mrs. Benjamin, that Council introduce Proposed Ordinance entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING TOWN CONFLICT OF INTEREST CODE (DIVISION 6 OF ARTICLE III OF CHAPTER 4) TO UPDATE DESIGNATED POSITIONS. Carried unanimously. FENCING IN NON-RESIDENTIAL ZONES (22.47) Mayor Lubeck stated that this was the time and place duly noted to consider directing staff to draft a Town Code Amendment amending Article V, Section 29.50.035, "Fencing in non-residential zones", to allow fences or walls higher than three (3) feet in non-residential zones. The following person addressed this issue: Elizabeth Trevithick, 55 Church Street #1203, representing First Church of Christ, Scientist, asked that a determination be made on the permissible height of fencing for the church. No one else from the audience addressed this issue. Council Consensus to send this item back to staff to address the problem further and identify an appropriate solution. TC:D10:MM100598 Town Council Minutes October 5, 1998 Redevelopment Agency Los Gatos, California TOWN PLAZA PARK LIGHTING/RESOLUTION 1998-163/RESOLUTION 1998-164 (10.28) Motion by Mr. Attaway, seconded by Mrs. Benjamin, that Council adopt Resolution 1998-163 entitled, RESOLUTION OF THE TOWN OF LOS GATOS APPROVING PLANS AND SPECIFICATIONS FOR PROJECT 9930 - PLAZA PARK LIGHTING. Carried unanimously. Motion by Mr. Attaway, seconded by Mrs. Benjamin, that Council adopt Resolution 1998-164 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO AWARD CONTRACT TO THE LOW BIDDER AND EXECUTE AGREEMENT WITH THE LOW BIDDER IN AN AMOUNT NOT TO EXCEED $75,000 FOR THE CONSTRUCTION OF PROJECT 9930 - PLAZA PARK LIGHTING. Carried unanimously. Motion by Mr. Attaway, seconded by Mrs. Benjamin, that Council authorize a transfer from the reserve for economic uncertainty to the General Fund appropriated reserve not to exceed $75,000 which is to be in part offset by community contributions. COUNCIL COMMITTEE REPORTS Mayor Lubeck reported on a meeting with representatives from the Santa Clara Valley Water District Flood Protection and Stream Management Program. The assessment districts supporting these programs will be sunsetting in the year 2000. The continued funding of these programs is under question with the new rules of Prop 218. The Town needs to consider how its creeks lakes and dams will be maintained at their present level of care when the funding for this agency becomes diminished. The district is considering its options and how it will approach the voters concerning continued funding. ADJOURNMENT Motion by Mrs. Benjamin, seconded by Mr. Hutchins, to adjourn this evening's meeting at 10:11 P.M. ATTEST: Marian V. Cosgrove Town Clerk TC:D10:MM100598