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M 04-19-99TOWN OF LOS GATOS CALIFORNIA TOWN COUNCIL/PARKING AUTHORITY JOINT REDEVELOPMENT AGENCY April 19, 1999/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, April 19, 1999, in joint regular session. ROLL CALL Present:Randy Attaway, Steven Blanton, Linda Lubeck, Joe Pirzynski, and Mayor/Chairman Jan Hutchins. 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 54956.9(b), to discuss Anticipated Litigation due to significant exposure to litigation on one case. Council voted to discuss the item articulated by the Town Attorney and no further action was taken. SCHEDULE OF PUBLIC HEARINGS (01.01) Informational report regarding currently scheduled public hearings was received and filed. CODE COMPLIANCE/QUARTERLY REPORT (02.47) Informational report from the Code Compliance Officer regarding abatement of code violations was received and filed. PLANNING COMMISSION/PLANNING DEPARTMENT MONTHLY STATUS REPORT (03.47) Informational report regarding activity of Planning Commission and Department was received and filed. RATIFICATION OF PAYROLL/MARCH-APRIL 1999 (04.V) Motion by Mr. Pirzynski, seconded by Mr. Blanton, that Council ratify the check registers for the payroll of March 21 through April 3, 1999 paid on April 9, 1999, in the amount of $377,614.21. Carried unanimously. ACCOUNTS PAYABLE/RATIFICATION/APRIL 1999 (05.V) Motion by Mr. Pirzynski, seconded by Mr. Blanton, that Council ratify the accompanying check registers for accounts payable invoices paid on April 2, and April 9, 1999, in the amount of $491,520.53. Carried unanimously. MINUTES OF APRIL 5, 1999 (06.V) Motion by Mr. Pirzynski, seconded by Mr. Blanton, that Council approve the Minutes of April 5, 1999 as submitted. Carried unanimously. STOP SIGN AT COLLEGE AND MAIN (07.40) Motion by Mr. Pirzynski, seconded by Mr. Blanton, that Council approve stop sign design for College Avenue and Main Street. Carried by a vote of 4 ayes. Mrs. Lubeck voted no as reflected in previous record. CERTIFIED LOCAL GOVERNMENT ANNUAL REPORT FOR 1998 (08.06) Motion by Mr. Pirzynski, seconded by Mr. Blanton, that Council accept Certified Local Government Annual Report for 1998 as required for certification by the Office of Historic Preservation. Carried unanimously. DESIGNATED REPRESENTATIVE FOR SALARY NEGOTIATIONS (09.10) Motion by Mr. Pirzynski, seconded by Mr. Blanton, that Council designate Town's Personnel Manager as the representative for salary negotiations concerning the Town Manager and Town Attorney. Carried unanimously. FLEETSIDE PICKUP/DEPARTMENT OF GENERAL SERVICES/RESOLUTION 1999- 44 (10.28) Motion by Mr. Pirzynski, seconded by Mr. Blanton, that Council adopt Resolution 1999-44 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO EXECUTE AN AGREEMENT FOR THE PURCHASE OF ONE 1999 FLEETSIDE PICKUP THROUGH THE STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES. Carried unanimously. STREET RESURFACING PROGRAM/PROJECT 9804/RESOLUTION 1999-45 (11.35) Motion by Mr. Pirzynski, seconded by Mr. Blanton, that Council adopt Resolution 1999-45 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH GRANITE ROCK COMPANY/PAVEX CONSTRUCTION FOR THE CONSTRUCTION OF PROJECT 9804 - ANNUAL STREET RESURFACING PROGRAM, as the lowest responsible bidder in the amount of $1,871,885.00, and approve project budget including 10% contingency. Carried unanimously. UNIVERSITY AVE 31/STEAMER'S/CONDITIONAL USE PERMIT/RESOLUTION 1999-46 (12.09) Motion by Mr. Pirzynski, seconded by Mr. Blanton, that Council adopt Resolution 1999-46 entitled, RESOLUTION OF THE TOWN OF LOS GATOS DENYING AN APPEAL OF A PLANNING COMMISSION DECISION TO APPROVE MODIFICATION TO A CONDITIONAL USE PERMIT FOR A RESTAURANT ON PROPERTY ZONED C-2:PD:LHP, confirming Council action on March 15, 1999. Carried unanimously. HEARINGS OLD BLOSSOM HILL ROAD 101/RESIDENTIAL APPEAL (13.09) Mayor Hutchins stated that this was the time and place duly noted for public hearing for reconsideration of an appeal of a decision of the Planning Commission approving an Architecture and Site Application to construct a new residence on property zoned R-1:8. Project Application: PRJ-98-165. Property Location: 101 Old Blossom Hill Road. Property Owner/Appellant: Paul H. and Michelle A. Izor. (Continued from 3/15/99 & 4/5/99) HEARINGS CONTINUED OLD BLOSSOM HILL ROAD 101/RESIDENTIAL APPEAL/CONT. The following person from the audience spoke to this issue: Paul Izor, 128 Nina Court, submitted a letter to Council and spoke again about the excessive dedication of property the Town has required and which does not allow him to situate his home comfortably on his lot. No one else from the audience addressed this issue. Motion by Mr. Blanton, seconded by Mrs. Lubeck, to close the public hearing. Carried unanimously. Motion by Mr. Attaway, seconded by Mr. Blanton, to grant the appeal in response to a request on a matter of policy regarding dedications which can only be effected at the discretion of Council, and return the project to DRC for reevaluation of plans and design of the home with direction to return to normal 25 foot setbacks. Carried unanimously. UNIVERSITY AVENUE 50/OLD TOWN MODIFICATIONS/APPEAL (14.09) Mayor Hutchins stated that this was the time and place duly noted for public hearing to consider an appeal of the Planning Commission's decision to approve modifications to the west elevation of a commercial building on property zoned C- 2:PD:LHP. Property location: 50 University Avenue (new building). Project Application PRJ-99-001. Property owner/applicant: SRI Old Town LLC. Appellant: Stacy J. Stewart (continued from 3/15/99 and 4/5/99) The following people from the audience spoke to this issue: Jack Heinemann, Federal Realty, 18504 Vivernon Way, Onely MD, explained the changes that have occurred in the project since the directions of Council at the last meeting. He addressed those conditions as follows: *)New unnumbered item. Asked that the elevation on Sheet A3.2 be reviewed, and the awnings requested over the radiused windows be moved to adjoining building as had been originally designed on the architecture and site drawing. Council agreed. 9)Noted the metal door at Gap Kids will be eliminated and fire code requirements will be met by using an alternate door within the building. This door is shown on elevation A3.1. Council agreed. 4)Arch replaced by a window with a 18" depth for display purposes. It will be a first class, hinged and locked for outside, show window. Council agreed. 6)Spoke of articulated wall finish and floor covering for the rest room walls and entrance of the same calibre as that used in the sales area. 8)Define that the windows will be see through glass, the merchandise will be behind that glass, but does not restrict the merchant from putting a backdrop behind the merchandise display. No picture will be attached to the inside face of the glass. This will be the standard for treatment of all display windows in building "E". Council agreed. 21)Pilasters will extend to the roof line and be covered with cornice molding. (Mayor Hutchins stated that he would rather see the molding in the center removed and the columns appear to be a single unit, taller and a supportive element extending to the top of the building.) Other Councilmembers preferred the broken columns for variety and balance. Council agreed HEARINGS CONTINUED UNIVERSITY AVENUE 50/OLD TOWN MODIFICATIONS CONT. Speakers continued: Jack Heinemann continued: 22)Windows are not blocked by stock rooms or other functional items. Council agreed. 23)Had agreement, and detail is before Council now. 27A)28) 29) 30) are issues to be carried forward. Solution to the North East corner with stairs still must be engineered. He asked if they could make a presentation to Council on May 3rd. 27D) Lee Schwager, 300 Montgomery St, San Francisco, discussed 27D, the trash enclosure, and changes in configuration to accommodate the neighbor's concerns and suggestions. Jack Heinemann, spoke again on Item 16, and noted the difficulty in creating the entrances to these businesses. He asked that these tenants be allowed to open and to not insist upon the dual access condition. Andy Faber, 10 Almaden Blvd, San Jose, Attorney for Federal Realty, spoke about changes in Architecture and Site, noted the working through of changes, and spoke of the restrictions the project faced in trying to make these changes. Building permits were given to the current lessees, and these businesses have proceeded with the 139 conditions, which never addressed the question of access. **Mr. Pirzynski noted for the record that both the Stanford Shopping Center and Valley Fair Center had Gap stores which had dual entrances. He stated that the town has been short changed and that Council had wanted as much benefit as possible for Los Gatos by allowing this project. He asked that it be put on record that there are alternatives that could have been engaged in at this time. He asked that town assert a full access from the west as soon as a new lease or a new building permit is requested. Paul Dorsa, 15785 Shannon Road, owner of The Opera House, would like the easterly wall of the project to go up to the trash compactor so that there is a larger view area as you exit onto the parking lot. The enclosure could have sliding doors. Lee Schwager, noted that the recycle can precludes the usage of this space and the sliding doors collects debris on the tracks and thereby catches and jams and doesn't always work. Paul Matulich, owner of Steamer's, 316 Harding, asked about approval of 31 University, and asked for clarification regarding additional view through the store. Larry Arzie, 18000 Overlook Road, asked about the architectural elements on the building and about the windows which should have views of the merchandise that is being sold in the building. The arches and pilasters should have gone all the way to the top of the building and become a more convincing architectural element. He asked that the Elm Street changes and engineering drawings be made available for the public before the next meeting. Plans available a week in advance of the meeting. Martin, representing Green Valley Disposal, 573 University Ave., spoke about the size of the trash enclosure and the need for it to remain the size it is. If it becomes any smaller there will be no room for the recycling materials. Phil Brower, 246 Pinehurst, owns the rug shop next to the new building and noted the safety issues in the narrow parking lot. He spoke of the difficulty delivery trucks had in safely negotiating this area. He asked that the compactor be brought back to the building line. HEARINGS CONTINUED UNIVERSITY AVENUE 50/OLD TOWN MODIFICATIONS CONT. Speakers continued: Stacy Stewart, Edelen Avenue, thanked everyone for all the effort that has gone into fixing the problems associated with this project No one else from the audience addressed this issue. Motion by Mr. Attaway, seconded by Mr. Blanton, to close the public hearing. Carried unanimously. Council consensus that having approved the frosted glass doors at Steamer's by the trash lift it was appropriate for Steamer's to make use of the area by that door. Council consensus that staff return with report on obtaining full access from the west elevation stores, excluding Steamer's. The use of building permit restrictions will be considered. Motion by Mrs. Lubeck, seconded by Mr. Attaway, to grant the appeal and modify the existing approval as agreed by consensus of Council on the many items and conditions which were discussed this evening and which are part of the record. There was some error when approvals were made and there were many conditions, issues and policies which the Planning Commission did not have the discretion to modify or address. Carried unanimously. Motion by Mrs. Lubeck, seconded by Mr. Attaway, to reopen the public hearing and continue the appeal to May 17, 1999 on the following items: 1) Elm Street solutions; 2) Details of the trash enclosure behind Steamer's; 3) Complete lighting plan for between and behind the buildings; 4) Garbage and recycling enclosure to be reevaluated and moved slightly to try to gain more leeway for the neighboring buildings. Carried unanimously. (There will be no further notice for those following this issue.) STRATEGIC PLAN/JULY 1999 - JUNE 2004/HEARING (15.06) Mayor Hutchins stated that this was the time and place duly noted for public hearing to consider approving the Strategic Plan - July 1, 1999-June 30, 2004 There was no one from the audience to address this issue. Motion by Mr. Attaway, seconded by Mr. Blanton, to close the public hearing. Carried unanimously. Motion by Mr. Blanton, seconded by Mr. Pirzynski, that Council adopt the Strategic Plan, July 1, 1999 through June 30, 2004. Carried unanimously. HEARINGS CONTINUED GENERAL FUND BUDGET/REVENUE AND EXPENDITURES/1999-2000/HEARING (16.06) Mayor Hutchins stated that this was the time and place duly noted for public hearing to consider revenues and expenditures for 1999-2000 General Fund budget. There was no one from the audience to address this issue. Motion by Mr. Pirzynski, seconded by Mr. Attaway, to close the public hearing. Carried unanimously. Council considered adjustment to current service level and asked that staff consider adding a full time code compliance officer to keep abreast of projects which are in progress and who can handle issues before they become problems. The report was accepted and filed. VALET PARKING/PRIVATE LOTS/FEES FOR PARKING/ZONE AMENDMENT A- 99-001 (17.46) Mayor Hutchins stated that this was the time and place duly noted for public hearing to consider amending Town Code Section 29.10.145 regarding fees for parking and the use of valet parking on private lots. Zoning Code Amendment A- 99-01. Applicant: Town of Los Gatos There were no speakers from the audience to address this issue. Motion by Mr. Pirzynski, seconded by Mrs. Lubeck, to close the public hearing. Carried unanimously. The Town Clerk read the Title of the Proposed Ordinance. Motion by Mrs. Lubeck, seconded by Mr. Attaway, to waive the reading of the Proposed Ordinance. Carried unanimously. Motion by Mrs. Lubeck, seconded by Mr. Pirzynski, that Council make the finding that Zoning Ordinance Amendment A-99-001 is consistent with the General Plan. Carried unanimously. Motion by Mrs. Lubeck, seconded by Mr. Pirzynski, that Council introduce Draft Ordinance entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING TOWN CODE CHAPTER 29 ARTICLE I DIVISION 4; PARKING: TO ALLOW VALET PARKING ON PRIVATE LOTS IN THE DOWNTOWN PARKING ASSESSMENT DISTRICT AND CHAPTER 29 ARTICLE II DIVISION 7, ASSIGNMENT OF DUTIES: TO MODIFY DUTIES FOR REVIEW OF PARKING LOT PERMITS FOR VALET PARKING ON PRIVATE PARKING LOTS. Carried unanimously. HEARINGS CONTINUED UNIVERSITY AVENUE 565-573/CAMPO DI BOCCE/APPEAL (18.09) Mayor Hutchins stated that this was the time and place duly noted for public hearing to consider an appeal of the decision of the Planning Commission denying a request to modify an existing use Permit concerning the number of inside and outside seats and the hours of operation and approve a variance to increase the number of seats permitted by providing off-site parking for property located in the LM zone. Also an appeal of the decision of the Planning Commission denying a request for a conditional use permits for alternate use of parking for Campo di Bocce on properties zoned LM and C-1. Property Owners: Campo di Bocce of Los Gatos, LLC.,Green Valley Disposal/Joe Zanardi and OD Technology/Lowell Noble. Applicant: Tom Albanese/Campo di Bocce. 565 University Avenue, 573 University Avenue & 536 N. Santa Cruz Avenue - a) Project Application PRJ-97-059, b) Variance Application V-97-003, c) Project Applications PRJ-98-248 & PRJ-98-249. The following people from the audience spoke to this issue: Chris Wiley, 544 University Ave, was disappointed that this item was continued again, she noted that the neighbors were having trouble keeping up with the continuances and being able to adjust their schedules so they could attend. Spoke of parking and noise due to the facility being used as a full restaurant. Their conditional use permit was for bocce courts and snack bar. Amy Gilcrest, 516 University, noted the loud noise generated from the restaurant with longer hours and the lack of concern for these impacts on neighbors. They have made no concessions or offered any mitigations for the increased usage of this facility. No one else from the audience addressed this issue. Motion by Mrs. Lubeck, seconded by Mr. Attaway, to continue Item 18 to May 17, 1999. Carried unanimously. (There will be no further notice on this item.) DOWNTOWN PARKING LOTS/SELECTING OPTION/ESTABLISH FUNDING (19.40) Mayor Hutchins stated that this was the time and place duly noted to consider selecting parking structure options; and establishing funding level for parking structures. The following people from the audience spoke to this issue: Ken Cooper, 718 University Ave, Ste 217, asked for maximum size garages to be built at each site (with three levels); Lot 2 and Lot 13 show that three levels are most cost effective; A good small town design can be achieved; include all segments of community in the process; business community will support parking district assessments and pay for parking plan. Bill Bacci, 336 N. Santa Cruz, stated that he had received signed general terms agreements with three of the four owners and the out of town owner had given consent previously. Sue Farwell, 124 Laurel Ave, representing La Canada family owners, and Randy Reedy. Expressed the owners belief that Lot 13 is the lot to be built; the owners will work with the town on easements; the owners will support a flat fee assessment district; and support the pay for parking that was supposed to be in place after building Lot 4. Bert Millen, 301 N. Santa Cruz Ave, spoke in support of the parking proposals. HEARINGS CONTINUED DOWNTOWN PARKING LOTS/SELECTING OPTIONS/CONTINUED Speakers Continued: Sherri Lewis, 59B N. Santa Cruz Ave, speaking for Margaret Smith, spoke about paid parking issues and the commitment of the business community to help on that committee. Susanne Frazier, 104 Alda Heights Court residence, 16 Lyndon Ave business, would like street level parking and one level below. Carol Graham, 151 Hernandez, was concerned about the height of the structures and asked to be able to respond to the final choices and have input on the final designs. Nina Alvarez, President of St. Mary's School Board, noted that the school is not in favor of a high rise parking structure. No one else from the audience addressed this issue. a.)Select Parking Structure Options: b.)Establish Funding Level for Structures: Motion by Mr. Blanton, seconded by Mr. Attaway, to move forward on the decision of the parking lots, choosing option U2A as the first choice and U13H as the second choice assuming that the business community can establish sufficient funding for both projects. The focus is to keep the height down (unless a viable alternative surfaces that the community supports.) The dual projects hinge on the ability to unify the business district; codify the action by September 20th; and incorporate the efforts of those people who can make this a successful endeavor. Carried by a vote of 4 ayes. Mr. Hutchins voted no stating that the Town should work within its own budget, assure the cooperation of all segments of the community, and only consider the second structure after the first is completed. Council consensus to bring back a contract with a design consultant by May 17, 1999. CAPITAL IMPROVEMENT PROGRAM FOR 1999-2004/CIP (20.06) Council consensus to amend Town Council Meeting Schedule for Fiscal Year 1998-1999 and reschedule adoption of resolution approving 1999-2004 Capital Improvement Program to May 17, 1999. COUNCIL COMMITTEE REPORTS There were no committee reports this evening. ADJOURNMENT Mayor Hutchins adjourned this evening's meeting at 10:05 P.M. ATTEST: Marian V. Cosgrove Town Clerk