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M 10-19-98TOWN OF LOS GATOS CALIFORNIA TOWN COUNCIL/PARKING AUTHORITY JOINT REDEVELOPMENT AGENCY October 19, 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 7:33 p.m., Monday, October 19, 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 Mayor Lubeck announced that Closed Session had not been held this evening. PRESENTATIONS/MUSIC IN THE PLAZA SPONSORS (00.20) Mayor Lubeck made presentations to the sponsors of the Annual Music in the Plaza Events which are presented free to the public. The following sponsors were noted and the chairman of the Arts Commission commented on the fine performances and thanked the Town and sponsors for their continued support for this program: Andale Taqueria, Toll House Hotel, McHugh Lincoln-Mercury of Los Gatos, Bill Gould Design, Courtside Club, Willow Street Wood-Fired Pizza, Domus, Kelly's Coffee & Fudge Factory, Anderson-Behel Imports, Valeriano's Ristorante, Washington Mutual Bank, The Rotary Club of Los Gatos, John Tice, Smythe European/Smythe Volvo. 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 from the Planning Commission/Planning Department regarding monthly status was received and filed. RATIFICATION OF PAYROLL/SEPTEMBER-OCTOBER 1998 (03.V) Motion by Mrs. Benjamin, seconded by Mr. Attaway, that Council ratify the check registers for the payroll of September 20 through October 3, 1998 paid on October 9, 1998, in the amount of $367,581.64. Carried unanimously. ACCOUNTS PAYABLE/RATIFICATION/OCTOBER 1998 (04.V) Motion by Mrs. Benjamin, seconded by Mr. Attaway, that Council ratify the accompanying check registers for accounts payable invoices paid on October 2 and October 9, 1998 in the amount of $319,771.29. Carried unanimously. MINUTES OF SEPTEMBER 28, 1998 (05A.V) Motion by Mrs. Benjamin, seconded by Mr. Attaway, that Council approve the Minutes of the joint meeting with the Planning Commission on September 28, 1998 as submitted. Carried unanimously. TC:D10:MM101998 Town Council Minutes October 19, 1998 Redevelopment Agency Los Gatos, California MINUTES OF OCTOBER 5, 1998 (05B.V) Motion by Mrs. Benjamin, seconded by Mr. Attaway, that Council approve the Minutes of October 5, 1998 as corrected on page 7: 1) Mr. Hutchins' statement, "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." 2) Mr. Hutchins' vote on the second motion, "Mr. Hutchins voted no because it seemed too site specific to agree to." Carried unanimously. CLAIM REJECTION/JENNIFER RODRIGUEZ (06.01) Motion by Mrs. Benjamin, seconded by Mr. Attaway, to reject claim of Jennifer Rodriguez for alleged false arrest occurring on March 10, 1998, filed with the Town Clerk on September 10, 1998. Carried unanimously. BUS STOP AT 208 EAST MAIN (07.40) Motion by Mrs. Benjamin, seconded by Mr. Attaway, to accept report requesting a bus stop at 208 East Main. Carried unanimously. DEPARTMENT OF PARKS AND PUBLIC WORKS/POSITION CLASSIFICATIONS (09.10) Motion by Mrs. Benjamin, seconded by Mr. Attaway, that Council authorize reclassification of Engineering Technician to Junior Civil Engineer funded with salary and benefit savings; and authorize transfer of Junior Civil Engineer, salary ($51,700) and benefits ($18,100), from 5040 (Inspection) to 5030 (Engineering); and authorize increase in Engineering budget for purchases of two (2) computers (5030-77000) in the amount of $9,500 funded from benefit savings (5030-52000). Carried unanimously. LOS GATOS CREEK TRAIL RENOVATION/PROJECT 9926/RESOLUTION 1998-165 (10.35) Motion by Mrs. Benjamin, seconded by Mr. Attaway, that Council adopt Resolution 1998-165 entitled, RESOLUTION OF THE TOWN OF LOS GATOS APPROVING PLANS AND SPECIFICATION FOR PROJECT 9926 - LOS GATOS CREEK TRAIL RENOVATION AND AUTHORIZE THE TOWN MANAGER TO EXECUTE AN AGREEMENT WITH RE-NEW SEALERS INC. IN THE AMOUNT OF $33,979. Carried unanimously. LOS GATOS CHAMBER OF COMMERCE/1998-99 SERVICES/RESOLUTION 1998-166 (11.19) Motion by Mrs. Benjamin, seconded by Mr. Attaway, that Council adopt Resolution 1998-166 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO EXECUTE AN AGREEMENT AMENDMENT WITH THE LOS GATOS CHAMBER OF COMMERCE FOR FISCAL YEAR 1998/99 SERVICES. Carried unanimously. COMMERCIAL MIXED PAPER/RECYCLING PROGRAM/RESOLUTION 1998-167 (12.14) Motion by Mrs. Benjamin, seconded by Mr. Attaway, that Council adopt Resolution 1998-167 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO EXECUTE THE AGREEMENT WITH GREEN VALLEY DISPOSAL COMPANY FOR A SIX MONTH COMMERCIAL RECYCLING PILOT PROGRAM. Carried unanimously. EDELEN PARKING DISTRICT/COMMERCIAL PROPERTIES/RESOLUTION 1998-168 (13.39) Motion by Mrs. Benjamin, seconded by Mr. Attaway, that Council adopt Resolution 1998-168 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AMENDING RESOLUTION 1992- 128 PROHIBITING PARKING EXCEPT BY PERMIT ON EDELEN AVENUE, MILES AVENUE, MULLEN AVENUE, BENTLEY AVENUE, UNIVERSITY AVENUE. Carried unanimously. TC:D10:MM101998 Town Council Minutes October 19, 1998 Redevelopment Agency Los Gatos, California TOWN'S HISTORIC STREET NAME LIST AMENDED/AYALA COURT/HEINTZ COURT (14.01) RAMOHS WAY/REGENT DRIVE/REGENT COURT/RESOLUTION 1998-169 Motion by Mrs. Benjamin, seconded by Mr. Attaway, that Council adopt Resolution 1998-169 entitled, RESOLUTION OF THE TOWN OF LOS GATOS APPROVING REQUEST TO ADD AYALA COURT, HEINTZ COURT, RAMOHS WAY, REGENT DRIVE, AND REGENT COURT TO THE TOWN OF LOS GATOS OFFICIAL HISTORIC STREET NAME LIST. Carried unanimously. LOS GATOS BOULEVARD 15737/RESIDENTIAL TO COMMERCIAL/ORDINANCE 2052 (15.09) Motion by Mrs. Benjamin, seconded by Mr. Attaway, that Council adopt Ordinance 2052 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. CONFLICT OF INTEREST CODE/DESIGNATED POSITIONS/ORDINANCE 2053 (16.02) Motion by Mrs. Benjamin, seconded by Mr. Attaway, that Council adopt Ordinance 2053 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. HEARINGS ZONING MAP READOPTED/ZONING ORDINANCE INTRODUCED/HEARING (17.47) Mayor Lubeck stated that this was the time and place duly noted for public hearing to consider amending the Town Zoning Ordinance to readopt the existing zoning map of the Town. Zoning Code Amendment A-98-05. Applicant: Town of Los Gatos. There was no one from the audience to speak to this issue. Motion by Mr. Attaway, seconded by Mr. Hutchins, to close the public hearing. Carried unanimously. Motion by Mrs. Benjamin, seconded by Mr. Hutchins, that Council find that the Zoning Ordinance Amendment A-98-005 is consistent with the General Plan, Downtown Specific Plan, and Hillside Specific Plan. Carried unanimously. Motion by Mrs. Benjamin, seconded by Mr. Attaway, to waive the reading of the Proposed Ordinance. Carried unanimously. The Town Clerk read the Title of the Proposed Ordinance. Motion by Mrs. Benjamin, seconded by Mr. Attaway, that Council introduce Proposed Ordinance entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONING ORDINANCE TO READOPT THE ZONING MAP. Carried unanimously. TC:D10:MM101998 Town Council Minutes October 19, 1998 Redevelopment Agency Los Gatos, California HEARINGS CONTINUED PENNSYLVANIA AVENUE 8/APPEAL OF RESIDENTIAL REMODEL (18.09) 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. The following people from the audience spoke to this issue: Paul Dufresne, 132 Euclid Ave., spoke of his expanding family and the need for additional living space to accommodate them. Leslie Dill, 61 C Victory Lane, architect for the project, spoke of the history of the house and the need to preserve the interior as well as the exterior of the home. She noted that this design had the least impact on the house and still was compatible to the neighborhood. Louis Crain, 16 Pennsylvania, neighbor to the project, spoke of height, mass, scale and increased square footage, and was not in favor of the present design. Jim Lyon, 239 Johnson Ave, representing the Historic Preservation Committee, spoke of the design being functional in the preservation of the original structure and favored the project. Chris Thomas, 40 Bayview, submitted a letter from the Dolens who support the needs of the Crains and their effort to maintain the character of the neighborhood. Frank Mockey, 34 Bayview, asked that a single story bungalow look be maintained in the neighborhood and that the addition occur in the rear. Dave Thomas, 40 Bayview, believes the design causes the home to appear too large. Michael Foster, 28 Pennsylvania, asked that another design be used so that the size will appear the same as the structure that is there now. JoAnne Shank, 324 Pennsylvania, believes it is an outstanding design and it will add value to the whole neighborhood. Bill Challas, 140 Oakmont Way, noted that as an appraiser, the neighbors view will not affect the value of their home in this neighborhood but that the remodeled home under consideration would add considerable value as proposed. A neighbors' addition increased their square footage to 2,900. Leslie Dill, architect, closed by noting that this renovation took the whole house into consideration in trying to maintain its historical heritage. No one else from the audience addressed this issue. Motion by Mr. Hutchins, seconded by Mrs. Benjamin, to close the public hearing. Carried unanimously. Council's Comments before the vote on the motion: Mr. Attaway mentioned compatibility with the neighborhood. Does it compliment the neighborhood? Will it change the nature of the neighborhood by encouraging a second story to be added to a beautiful cottage. He did not think that the Planning Commision had erred in its decision. Mr. Hutchins believes that the community has interests in maintaining a cottage community and that second stories to match the size of their neighbors is not desirable and a median should be explored. Maintaining the small town charm and ambiance is defined as not allowing homes be as large as possible but in trying to find ways to keep them as small as possible while still meeting the needs of the owner of the homes. TC:D10:MM101998 Town Council Minutes October 19, 1998 Redevelopment Agency Los Gatos, California HEARINGS CONTINUED PENNSYLVANIA AVENUE 8/APPEAL OF RESIDENTIAL REMODEL (18.09) Council's Comments before the vote on the motion (continued): Mr. Blanton did like the design and could see it developed in another neighborhood but not at this location. He supported the idea of returning the project to the Planning Commission for further considerations. Mrs. Benjamin was very impressed with the design of this project. The Historical Committee did an excellent job of reviewing the plans. She cannot support a straight denial. She believes there are possibilities to make this project work for both the Crains and the Dufresnes by reducing the second story and making it look like a complete project and not an add on. With the talents of the architect she would send it back to the Planning Commission and not deny. She would like to see a neighborhood work together on a solution and that is why she suggested the project stay in the process. Mrs. Lubeck read a portion of the Town's design guideline, "To maintain a proportionate distribution of single story and two story housing stock in Los Gatos, property owners and designers are encouraged to strongly consider single story designs as viable development alternatives." Motion by Mr. Hutchins, seconded by Mr. Attaway, to uphold the Planning Commission's decision and deny the appeal. Carried by a vote of 3 ayes. Mr. Blanton and Mrs. Benjamin voted no. VERBAL COMMUNICATIONS Domestic Violence Issues: Mayor Suzanne Jackson from Monte Sereno addressed the Council as a Commissioner on the Santa Clara County Domestic Violence Council and The Violence Prevention Council of Santa Clara County. She presented brochures and information on this subject and spoke of the programs developed in the valley. She asked that each Councilmember send a letter of support and attend the presentations. ONE-DAY BUSINESS LICENSE REQUIREMENT CONSIDERED (19.05) Delores Simone, 248 Old Adobe Road, member of St. Mary's parish, requested consideration of removing the one day business license for vendors working at a non-profit community function. Motion by Mrs. Benjamin, seconded by Mr. Blanton, that this subject be presented to the Chamber of Commerce, and that through the Chamber more input be garnered from the businesses that are impacted from these special events. That a written report be returned to Council showing the number of businesses in favor or in opposition to the one-day license. Carried unanimously. TC:D10:MM101998 Town Council Minutes October 19, 1998 Redevelopment Agency Los Gatos, California PLANNING COMMISSION/PUBLIC HEARING PROCESS (20.20) Council considered a policy which would have commissioners refrain from meeting with applicants outside the public meeting process. Council Consensus was to draft a formal policy for the Planning Commission that says: the Commission should refrain from meeting with applicants and interested parties outside the public process (defined as a properly noticed meeting); that the Council still encourage them to visit the site, but discourage speaking to people while at the site; if Planning Commissioners do talk to someone they must disclose it in the public meeting; and encourage the Planning Commission at their discretion (should they feel the need to do so to further the public process) to have study sessions with the applicant, the public, and the entire planning commission, to work on discussion points concerning an application, and that this should happen only at the discretion of a simple majority of the planning commission. NEIGHBORHOOD TRAFFIC CALMING PROGRAM (21.39) Council considered the report on neighborhood traffic calming program and provided some positive comments for staff. ANNEXATION OF FERRIS AND LOMA PROPERTY (22.11) Council considered the report and asked that staff explore the possibility of annexing property in the vicinity of the intersection of Ferris Avenue and Loma Street. The consensus was that at least a group of four lots should be annexed at one time. TRAFFIC SIGNAL VIDEO VEHICLE DETECTION SYSTEM (08.28) Motion by Mrs. Benjamin, seconded by Mr. Hutchins, that Council authorize an increase in the street resurfacing program by $124,730 to include video vehicle detection system funded from prior year road impact fees, and authorize a budget of $22,940 for video vehicle detection system at Los Gatos Boulevard and Nino Avenue funded from prior year road impact fees. Carried unanimously. ADJOURNMENT Mayor Lubeck adjourned this evening's meeting at 10:03 P.M. ATTEST: Marian V. Cosgrove Town Clerk TC:D10:MM101998