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M 09-21-98TOWN OF LOS GATOS CALIFORNIA TOWN COUNCIL/PARKING AUTHORITY JOINT REDEVELOPMENT AGENCY September 21, 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 7:35 p.m., Monday, September 21, 1998, in joint regular session. ROLL CALL Present:Randy Attaway, Steven Blanton, Joanne Benjamin, 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 pursuant to Government Code Section 54957 to discuss Public Employee Performance Evaluation. Discussion was initiated regarding the Town Manager. No final action was taken at this time. TOWN EMPLOYEES/COMMENDATIONS/YEARS OF SERVICE (00.44) Mayor Lubeck noted that the following employees were being honored for their years of service to the Town. John Iaquinto (15), Sandy Baily (15), John Eshbaugh (15, George Gadd (20), John Campos (20), Tam McCarty (20), dirk Parsons (20), Michael Yorks (20), Patricia Garcia (25), Lee bowman (25), Lee Dal Canto (30), and Al Terra (35). The Mayor spoke of the accomplishments of those present to receive their commendations and noted that there was a reception in the lounge for them and their families. Those present to receive their commendation from the Mayor were Mr. Iaquinto from the parks department, Mr. Gadd from the police department, Mr. Yorks from the police department, and Mr. Bowman from the planning department. PARKS COMMISSION/COMMENDATIONS FOR SERVICE (XX.20) Mayor Lubeck presented commendations from the Town to Norbert Witt, Chris Miller and Tim Dauber for their service to the Town while serving on the Parks Commission. They were all present to receive their commendations and thanked the Town for the opportunity of being able to serve on this commission. SCHEDULE OF PUBLIC HEARINGS (01.01) Informational report regarding currently scheduled public hearings was received and filed. PLANNING COMMISSION/PLANNING DEPARTMENT MONTHLY STATUS REPORT (02.47) Informational report regarding activity of Planning Commission and Department was received and filed. TC:D10:MM092198 Town Council Minutes September 21, 1998 Redevelopment Agency Los Gatos, California RATIFICATION OF PAYROLL/AUGUST-SEPTEMBER 1998 (03.V) Motion by Mrs. Benjamin, seconded by Mr. Hutchins, that Council ratify the check registers for the payrolls of August 23 through September 5, 1998, paid on September 11, 1998 in the amount of $333,472.72. 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 4 and September 11, 1998 in the amount of $211,356.92. Carried unanimously. MINUTES OF SEPTEMBER 8, 1998 (05.V) Motion by Mrs. Benjamin, seconded by Mr. Hutchins, that the Minutes of September 8, 1998 be approved as corrected on page 7. 1) Speaker, Gary Schloh noted that he would save his comments for the September 21st meeting. 2) The motion, to continue the Fairview Plaza hearing to September 21st, was carried unanimously. 3) Staff is to prepare a report regarding the potential uses for the anticipated town parking lot at 141 Santa Cruz Ave. Carried unanimously. CONFLICT OF INTEREST CODE (08.01) Motion by Mrs. Benjamin, seconded by Mr. Hutchins, that Council accept report on accuracy and currency of the Town Conflict of Interest Code update designated positions. Carried unanimously. ALMOND GROVE/PREFERENTIAL PARKING DISTRICT/RESOLUTION 1998-148 (09.40) Motion by Mrs. Benjamin, seconded by Mr. Hutchins, that Council adopt Resolution 1998-148 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AMENDING RESOLUTION 1992- 128 EXTENDING THE PARKING LIMITS OF ALMOND GROVE PREFERENTIAL PARKING DISTRICT ON TAIT AVENUE BETWEEN ALMENDRA AVENUE AND LOS GATOS-SARATOGA ROAD. Carried unanimously. KENNEDY MEADOWS BENEFIT ZONE/RESOLUTION 1998-149 (10.28) Motion by Mrs. Benjamin, seconded by Mr. Hutchins, that Council adopt Resolution 1998-149 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO ENTER INTO AN AGREEMENT WITH h.T. HARVEY & ASSOCIATES, ECOLOGICAL CONSULTANTS FOR MITIGATION MONITORING SERVICES FOR A CONTRACT AMOUNT OF $5,970. Carried unanimously. OAK MEADOW PARK GABION WALL/PRJ 9901/RESOLUTION 1998-150 (11.35) Motion by Mrs. Benjamin, seconded by Mr. Hutchins, that Council adopt Resolution 1998-150 entitled, RESOLUTION OF THE TOWN OF LOS GATOS TO RATIFY THE AWARD OF CONTRACT TO BUGLER CONSTRUCTION AND AUTHORIZE FUNDING FOR THE CONSTRUCTION OF PROJECT 9901 - OAK MEADOW PARK GABION WALL. Carried unanimously. TC:D10:MM092198 Town Council Minutes September 21, 1998 Redevelopment Agency Los Gatos, California RECREATION CENTER ROOF REPLACEMENT/PRJ 9920/RESOLUTION 1998-151 (12.35) Motion by Mrs. Benjamin, seconded by Mr. Hutchins, that Council adopt Resolution 1998-151 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH PACIFIC WEATHERSHIELD, INC. FOR THE CONSTRUCTION OF PROJECT 9920 - RECREATION CENTER ROOF REPLACEMENT. Carried unanimously. TOWN MANAGER/LETTER OF AGREEMENT/RESOLUTION 1998-152 (13.10) Motion by Mrs. Benjamin, seconded by Mr. Hutchins, that Council adopt Resolution 1998-152 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AMENDING LETTER OF AGREEMENT BETWEEN THE TOWN OF LOS GATOS AND TOWN MANAGER. Carried unanimously. EMPLOYEE ASSISTANCE PROGRAM SERVICES/RESOLUTION 1998-153 (14.14) MERIT BEHAVIORAL CARE OF CALIFORNIA, INC/CONTRACT RENEWAL Motion by Mrs. Benjamin, seconded by Mr. Hutchins, that Council adopt Resolution 1998-153 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO RENEW CONTRACT WITH MERIT BEHAVIORAL CARE CORPORATION OF CALIFORNIA, INCORPORATED FOR EMPLOYEE ASSISTANCE PROGRAM SERVICES. Carried unanimously. TEEN COUNSELING CENTER/LEASE AGREEMENT/RESOLUTION 1998-154 (15.20) Motion by Mrs. Benjamin, seconded by Mr. Hutchins, that Council adopt Resolution 1998-154 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO EXECUTE AN AMENDMENT TO THE LEASE AGREEMENT WITH TEEN COUNSELING CENTER OF THE WEST VALLEY FY 1998-99. Carried unanimously. POLLARD ROAD 1300/PLANNED DEVELOPMENT/RESOLUTION 1998-155 (16.09) Motion by Mrs. Benjamin, seconded by Mr. Hutchins, that Council adopt Resolution 1998-155 entitled, RESOLUTION OF THE TOWN OF LOS GATOS GRANTING AN APPEAL OF A DECISION OF THE PLANNING COMMISSION DENYING A PLANNED DEVELOPMENT TO CHANGE THE ZONING DESIGNATION FROM R-1:8 TO RM:5-12:PD, confirming Council action on September 8, 1998. Carried unanimously. HEARINGS FAIRVIEW PLAZA 98/RESIDENTIAL REMODEL/APPEAL (26.09) 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 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. Project Application PRJ-98-054. Property Location: 98 Fairview Plaza. Property Owner: Sylvia DeAlmeida/Julie Winters. Applicant/Appellant: E. Gary Schloh. TC:D10:MM092198 Town Council Minutes September 21, 1998 Redevelopment Agency Los Gatos, California HEARINGS CONTINUED FAIRVIEW PLAZA 98/RESIDENTIAL REMODEL/CONT. The following people from the audience spoke to this issue: Barton Hechtman, 1740 Technology Drive, speaking for the owner, explained the various designs that have been explored for the house with a garage. Noted that the square footage of house remains the same but the use of that space is in question. Requested approval of the house and suggested that a new application can be made for the garage. Gary Schloh, 213 Bean, gave the history of the house. Noted that the garage cannot go under the house due to the slope of the lot and access would be past the front of the house and encroach on the porch and necessitate the removal of many trees. Access to a garage in the rear would require an easement over the neighboring property, removal of shrubbery and a steep sloping driveway. Richard Conrad, 86 Fairview Plaza, spoke concerning the historical concerns of this neighborhood and would like the house restored as it was originally, without garage. Robert Murphy, 72 Fairview Plaza, does not want to see a garage on the street and believes a garage can be designed to the rear of the property. Had concerns about water pressure. Roberta Fries, 89 Fairview Plaza, prefers a garage to seeing cars but supports a garage to the rear of property. Gary Schloh, is concerned that the plan for the garage to be placed under the palm tree and behind the hedges has not been seen and reviewed by interested parties. Barton Hechtman, asked for approval of house, approval of the use of the space in the basement and the approval of the garage. No one else from the audience addressed this issue. Motion by Mr. Attaway, seconded by Mr. Hutchins, to close the public hearing. Carried unanimously. Mr. Bowman noted that the garage was not approved but a pad can be placed without returning to the commission. Council Comments: Mr. Hutchins supported the new FAR requirements and did not see a need to increase the size of the house which could change the ambiance of the neighborhood. Mrs. Benjamin does not want the garage put in the wrong place or a pad placed inappropriately. She would like this to return to the Planning Commission to review a rear location for the garage and consider the basement area for the garage Motion by Mrs. Benjamin, seconded by Mr. Blanton, that this proposal be returned to the Planning Commission to reconsider the location of the garage toward the rear of the lot; to consider raising the building to appear more on level with the street thereby giving additional room underneath the structure for a garage. Condition that the attic space will have no plumbing or heating or electrical systems. Structural members will be sufficient for an attic not for a living space. Lessen the floor load and make the head space six feet. Council does not want the garage or pad in front. The house can be moved on the lot to make accommodations for the off street parking. Carried unanimously. TC:D10:MM092198 Town Council Minutes September 21, 1998 Redevelopment Agency Los Gatos, California HEARINGS CONTINUED FAIRVIEW PLAZA 98/RESIDENTIAL REMODEL/CONT. Water Pressure on Fairview Robert Murphy, 72 Fairview Plaza, asked that the question of water pressure on Fairview Plaza be addressed. Mayor Lubeck asked staff to contact San Jose Water for a report on the water pressure concerns in this neighborhood. UNIVERSITY AVENUE 720/ZONE CHANGE AMEND/ORDINANCE INTRODUCTION (18.09) Mayor Lubeck stated that this was the time and place duly noted for public hearing to consider a request for approval of a Planned Development to change the zoning designation from LM to LM PD and an Architecture and Site application to construct a research and development building. Development Application DEV-98-004. Project Application PRJ-98-060. Negative Declaration ND- 98-0005. No significant environmental impacts have been identified as a result of this project and a Negative Declaration is recommended. Property Location: 720 University Avenue. Applicant/Property Owner: BGC Properties LLC. The following person from the audience spoke to this issue: Brian Conlisk, BGC Properties, LLC, 95 S. Market, San Jose, presented the project to Council showing renderings and digital photographs. No one else from the audience addressed this issue. Motion by Mrs. Benjamin, seconded by Mr. Attaway, to close the public hearing. Carried unanimously. Motion by Mrs. Benjamin, seconded by Mr. Attaway, that Council make the Negative Declaration as shown in Exhibit C of Attachment 1 of the staff report; and find that the Zone Change is consistent with the General Plan and incorporating the findings made by the Planning Commission. Carried unanimously. The Sr. Deputy Town Clerk read the Title of the Proposed Ordinance. Motion by Mrs. Benjamin, seconded by Mr. Attaway, to waive the reading of the Proposed Ordinance. Carried unanimously. Motion by Mrs. Benjamin, seconded by Mr. Hutchins, that Council introduce Proposed Ordinance 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. Carried unanimously. HERNANDEZ AVENUE 55/HISTORIC DESIGNATION/ORDINANCE INTRODUCTION (19.09) Mayor Lubeck stated that this was the time and place duly noted for public hearing to consider a request for approval of a zone change to designate the site with a Landmark Historic Preservation (LHP) overlay zone on property zoned R-1:8., Historic Designation HD-98-01. Property Location: 55 Hernandez Avenue. Applicant: Town of Los Gatos Property Owner: Willie and Helen Mayor Cadiente. TC:D10:MM092198 Town Council Minutes September 21, 1998 Redevelopment Agency Los Gatos, California HEARINGS CONTINUED HERNANDEZ AVENUE 55/HISTORIC DESIGNATION/CONT. There was no one in the audience to speak to this item. Motion by Mr. Attaway, seconded by Mrs. Lubeck, to close the public hearing. Carried unanimously. Motion by Mr. Attaway, seconded by Mr. Blanton, to find that the zone change is consistent with the General Plan. Carried unanimously. The Sr. Deputy Town Clerk read the Title of the Proposed Ordinance. Motion by Mrs. Benjamin, seconded by Mr. Attaway, 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 DESIGNATING 55 HERNANDEZ AVENUE AS HISTORICALLY AND CULTURALLY SIGNIFICANT. Carried unanimously. ZONING CODE AMENDMENT A-98-04/HEIGHT & GRADE DEFINED ORDINANCE INTRODUCTION/FENCES, HEDGES & WALLS (20.46) Mayor Lubeck stated that this was the time and place duly noted for public hearing to consider 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), Zoning Code Amendment A-98-04. Applicant: Town of Los Gatos There was no one in the audience to speak to this item. Motion by Mrs. Benjamin, seconded by Mr. Blanton, to close the public hearing. Carried unanimously. The Sr. Deputy Town Clerk read the Title of the Proposed Ordinance. Motion by Mrs. Benjamin, seconded by Mr. Hutchins, to waive the reading of the Proposed Ordinance. Carried unanimously. Motion by Mrs. Benjamin, seconded by Mr. Hutchins, to find that Zoning Ordinance Amendment A- 98-04 is consistent with the General Plan. Carried unanimously. Motion by Mrs. Benjamin, seconded by Mr. Hutchins, that Council introduce Proposed Ordinance 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). Carried unanimously. TC:D10:MM092198 Town Council Minutes September 21, 1998 Redevelopment Agency Los Gatos, California HEARINGS CONTINUED SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUNDS/RESOLUTION 1998-156 (21.09) Mayor Lubeck stated that this was the time and place duly noted for public hearing to consider request to use Supplemental Law Enforcement Services Funds (SLESF) granted to the Town to provide continued funding for one (1) police officer to remain assigned to the Santa Clara County Specialized Enforcement Team; and to adopt resolution authorizing the use of Supplemental Local Law Enforcement Funds (SLESF) to continue funding one (1) full time police officer assigned to the Santa Clara County Specialized Enforcement Team (SCCSET). There was no one in the audience to speak to this item. Motion by Mrs. Benjamin, seconded by Mr. Hutchins, to close the public hearing. Carried unanimously. Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council adopt Resolution 1998-156 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE EXPENDITURE OF FUNDS FROM THE SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUND FOR THE CONTINUATION OF FUNDING OF ONE POLICE OFFICER ASSIGNED TO THE SANTA CLARA COUNTY SPECIALIZED ENFORCEMENT TEAM, and noting that the grant is at no cost to the Town and that Monte Sereno will also be participating in the grant program. Carried unanimously. SLOPING LOT FLOOR AREA RATION (FAR) STANDARDS (06.47) Council Consensus to accept and file report on new policy for slope FAR. Council expressed concerns and is waiting to review report on the implementation of this policy in eight months. ONE-DAY BUSINESS LICENSE REQUIREMENT/VENDORS AT FUNDRAISERS (07.05) Motion by Mr. Blanton, seconded by Mrs. Benjamin, to continue this item to October 5, 1998 and agendize it under Other Business. Staff will notify Mrs. Simone regarding this item. COUNCIL COMMITTEE REPORTS Joanne Benjamin noted that the Santa Clara County Cities Association will be interviewing in November for three large appointments which carry a stipend. The MTC, Metropolitan Transportation Commission, the Bay Area Air Quality Management District Board of Directors (a four year term), and ABAG Hazardous Waste Management Capacity Allocation Committee are all coming up for appointments. The appointments will be made by the Cities Association at their November meeting. They will be made by the Cities' Selection Committee which is made up by the 15 cities, and those representatives will be representing all 15 cities. Mr. Attaway is interested in applying for the Air Quality position rather than staying on the County Committee he now serves on. ADJOURNMENT Mayor Lubeck adjourned this evening's meeting at 9:30 p.m. ATTEST: MarLyn J. Rasmussen Senior Deputy Town Clerk TC:D10:MM092198