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M 07-19-99TOWN OF LOS GATOS CALIFORNIA TOWN COUNCIL/PARKING AUTHORITY JOINT REDEVELOPMENT AGENCY July 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 7:52 p.m., Monday, July 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 prior to this evening's meeting pursuant to Government Code Section 54957, regarding Public Employee Performance Evaluation (Town Attorney and Town Manager). No action was taken. Pursuant to Government Code Section 54957.6, Council met to discuss Labor Relations. Town Negotiator (Lead): Gary Rogers, Personnel Manager. Employees: Town Manager, Town Attorney. There was no action taken at this time. ARTS COMMISSION/APPOINTMENT (000.20) Mayor Hutchins announced that no applications had been received for the one vacancy on the Arts Commission. This vacancy will be readvertised. BOARD OF APPEALS/APPOINTMENT (XX.20) Mayor Hutchins announced that no applications had been received for the one vacancy on the Board of Appeals. This vacancy will be readvertised. GENERAL PLAN COMMITTEE/APPOINTMENT/MICHAEL BURKE (XXX.20) Mayor Hutchins announced that one application had been received from Michael Burke for the one vacancy on the General Plan Committee. Voting was held and Mr. Burke was reappointed to a term ending 8/1/03. HISTORIC PRESERVATION COMMITTEE/APPOINTMENT (000.20) Mayor Hutchins announced that no applications had been received for the one vacancy on the Historic Preservation Committee. This vacancy will be readvertised. NEWSRACK COMMITTEE/APPOINTMENT/STEVE LESTER (YYX.20) Mayor Hutchins announced that one application had been received from Steve Lester for the one vacancy on the Newsrack Committee. Voting was held and Mr. Lester was reappointed to a term ending 8/1/02. PARKING COMMISSION/APPOINTMENT (XYY.20) Mayor Hutchins announced that no applications had been received for one vacancy on the Parking Commission. This vacancy will be readvertised. REDEVELOPMENT ADVISORY COMMITTEE/APPOINTMENT/RICH LANG (YXY.20) Mayor Hutchins announced that one application had been received for four vacancies on the Redevelopment Advisory Committee. Voting was held and Mr. Lang was reappointed to a term ending 8/1/03. The other vacancies will be readvertised. RENT ADVISORY COMMITTEE/APPOINTMENTS/ERRICO/MEDDOWS (YYY.20) Mayor Hutchins announced that four applications had been received from William Errico, Lisa Meddows, Lorraine Hoge, and Richard Porter for two vacancies on the Rent Advisory Committee. Voting was held and Mr. Errico and Ms Meddows were reappointed to terms ending 8/1/02. SCHEDULE OF PUBLIC HEARINGS (01.01) Informational report regarding currently scheduled public hearings was received and filed. MEETING SCHEDULE FY 1999-2000/TOWN COUNCIL/REDEVELOPMENT AGENCY (02.10) that Council accept amended Town Council/Redevelopment Agency Meeting Schedule for 1999-2000 fiscal year. Carried unanimously. PLANNING COMMISSION/PLANNING DEPARTMENT MONTHLY STATUS REPORT (03.47) Informational report regarding activity of Planning Commission and Department was received and filed. CODE COMPLIANCE/QUARTERLY REPORT (04.47) Informational report from the Code Compliance Officer regarding abatement of code violations was received and filed. RATIFICATION OF PAYROLL/JUNE-JULY 1999 (05.V) Motion by Mrs. Lubeck, seconded by Mr. Attaway, that Council ratify the check registers for the payroll of June 13 through June 26, 1999 paid on July 2, 1999, in the amount of $388,095.05. Carried unanimously. ACCOUNTS PAYABLE/RATIFICATION/JUNE-JULY 1999 (06.V) Motion by Mrs. Lubeck, seconded by Mr. Attaway, that Council ratify the accompanying check registers for accounts payable invoices paid on June 25 and July 2, 1999, in the amount of $479,831.59. Carried unanimously. MINUTES OF JULY 6, 1999 (07.V) Motion by Mrs. Lubeck, seconded by Mr. Attaway, that Council approve the Minutes of July 6, 1999, Joint Town Council/Redevelopment Agency Meeting as submitted. Carried unanimously. FOOTHILL-DE ANZA COMMUNITY COLLEGE DISTRICT/LETTER OF SUPPORT (08.19) Motion by Mrs. Lubeck, seconded by Mr. Attaway, that Council authorize the Mayor to send letter of support to the Foothill-De Anza Community College District. Carried by a vote of 4 ayes. Mr. Blanton abstained due to possible appearance of conflict of interest. SPARE THE AIR CAMPAIGN/RESOLUTION 1999-109 (09.14) Motion by Mrs. Lubeck, seconded by Mr. Attaway, that Council adopt Resolution 1999-109 entitled, RESOLUTION OF THE TOWN OF LOS GATOS TO PARTICIPATE IN THE "SPARE THE AIR" CAMPAIGN. Carried unanimously. GTE SERVICES UPGRADE/RESOLUTION 1999-118 (10.28) Motion by Mrs. Lubeck, seconded by Mr. Attaway, that Council adopt Resolution 1999-118 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO EXECUTE AN AGREEMENT WITH GTE NETWORK SERVICES FOR AN UPGRADE TO THE TOWN'S TELEPHONE SYSTEM. Carried unanimously. LOS GATOS MUSEUM ASSOCIATION/LEASE & GRANT/RESOLUTION 1999-110 (11.44) Motion by Mrs. Lubeck, seconded by Mr. Attaway, that Council adopt Resolution 1999-110 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO EXECUTE LEASE AND GRANT AGREEMENTS BETWEEN THE TOWN OF LOS GATOS AND THE LOS GATOS MUSEUM ASSOCIATION. Carried unanimously. HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM/RESOLUTION 1999- 111 (12.14) Motion by Mrs. Lubeck, seconded by Mr. Attaway, that Council adopt Resolution 1999-111 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO EXECUTE THE SECOND AMENDMENT TO THE AGENCY AGREEMENT WITH THE COUNTY OF SANTA CLARA FOR PARTICIPATION IN A HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM FOR 1999-2000. Carried unanimously. ENGLEWOOD AVENUE TRAFFIC ISSUES (13.40) Motion by Mrs. Lubeck, seconded by Mr. Attaway, that Council accept report on Englewood Avenue traffic issues and file. Carried unanimously. LIBRARY CONSTRUCTION/RENOVATION BOND ACT/RESOLUTION 1999-112 (14.44) Motion by Mrs. Lubeck, seconded by Mr. Attaway, that Council adopt Resolution 1999-112 entitled, RESOLUTION OF THE TOWN OF LOS GATOS SUPPORTING THE PASSAGE OF SENATE BILL 3 CALIFORNIA LIBRARY CONSTRUCTION AND RENOVATION BOND ACT OF 2000, and direct staff to forward resolution to governor and appropriate legislators. Carried unanimously. TJKM TRANSPORTATION CONSULTING SERVICES/RESOLUTION 1999-113 (15.19) Motion by Mrs. Lubeck, seconded by Mr. Attaway, that Council adopt Resolution 1999-113 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO ENTER INTO AN AGREEMENT WITH TJKM-TRANSPORTATION CONSULTANTS FOR TRAFFIC ENGINEERING CONSULTANT SERVICES. Carried unanimously. LP2A-LINHART PETERSEN POWERS AND ASSOCIATES/RESOLUTION 1999-114 (16.19) BUILDING PERMIT PLAN CHECK & INSPECTION CONSULTANT SERVICES Motion by Mrs. Lubeck, seconded by Mr. Attaway, that Council adopt Resolution 1999-114 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING TOWN MANAGER TO ENTER INTO AN AGREEMENT WITH LP 2 A-LINHART PETERSEN POWERS AND ASSOCIATES FOR BUILDING PERMIT PLAN CHECK & INSPECTION CONSULTANT SERVICES. Carried unanimously. BUILDING REGULATIONS/TOWN CODE CHAPTER 6/ORDINANCE 2064 (17.46) Motion by Mrs. Lubeck, seconded by Mr. Attaway, that Council adopt Ordinance 2064 entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING CHAPTER 6, BUILDINGS AND BUILDING REGULATIONS. Carried unanimously. WINCHESTER BOULEVARD 15796/GREEN THUMB NURSERY/RESOLUTION 1999-115 (18.09) Motion by Mrs. Lubeck, seconded by Mr. Attaway, that Council adopt Resolution 1999-115 entitled, RESOLUTION OF THE TOWN OF LOS GATOS GRANTING AN APPEAL OF A DECISION FROM THE PLANNING COMMISSION APPROVING A CONDITIONAL USE PERMIT TO OPERATE AN EXISTING BOTANICAL NURSERY ON PROPERTY ZONED "O" OFFICE AND "LM" COMMERCIAL-INDUSTRIAL - PRJ-98-137. Carried unanimously. STACIA STREET 169/PRJ-99-023/RESIDENTIAL/RESOLUTION 1999-116 (19.09) Motion by Mrs. Lubeck, seconded by Mr. Attaway, that Council adopt Resolution 1999-116 entitled, RESOLUTION OF THE TOWN OF LOS GATOS GRANTING AN APPEAL OF A PLANNING COMMISSION DECISION DENYING AN APPLICATION TO SUBDIVIDE A LOT INTO THREE PARCELS ON PROPERTY ZONED R-1:10 - PRJ-99-023. Carried unanimously. WINCHESTER BOULEVARD 15350/VILLA FELICE/BERSANO/RESOLUTION 1999- 117 (20.09) Motion by Mrs. Lubeck, seconded by Mr. Attaway, that Council adopt Resolution 1999-117 entitled, RESOLUTION OF THE TOWN OF LOS GATOS REMANDING: A GENERAL PLAN AMENDMENT TO CHANGE THE LAND USE DESIGNATION FROM LOW DENSITY RESIDENTIAL AND NEIGHBORHOOD COMMERCIAL TO MEDIUM FAMILY RESIDENTIAL; A PLANNED DEVELOPMENT TO CHANGE THE ZONING DESIGNATION FROM R-1:8PD TO RM:5-12:PD TO CONSTRUCT 36 TO 39 DWELLING UNITS; AND ARCHITECTURE AND SITE APPROVAL TO DEMOLISH A PRE- 1941 DUPLEX; A PRE-1941 OFFICE BUILDING; A RESTAURANT AND HOTEL (VILLA FELICE); AND A MAINTENANCE BUILDING. Carried by a vote of 4 ayes. Mr. Pirzynski vote no as reflected in previous record. LAFCO/LOCAL AGENCY FORMATION COMMISSION/INDEMNIFICATION REQUIREMENT CEQA/CALIFORNIA ENVIRONMENTAL QUALITY ACT (20A.19) Motion by Mrs. Lubeck, seconded by Mr. Attaway, that Council oppose Local Agency Formation Commission (LAFCO) proposed California Environmental Quality Act (CEQA) indemnification requirement. Carried unanimously. VERBAL COMMUNICATIONS Villa Felice: Jim Casey, 120 Privada Luisita, spoke against the present proposal and submitted a list of requests from the neighbors for the record. Traffic Problems on Englewood: Amy Despars, 267 Longridge Road, spoke of the excessive traffic in the neighborhood and submitted a petition for the record. HEARINGS PARR AVENUE W 770/RESIDENTIAL SUBDIVISION/PRJ-99-036/APPEAL (21.09) Mayor Hutchins stated that this was the time and place duly noted for public hearing to consider an appeal of a Planning Commission decision denying a three lot subdivision on property zoned R-1:8. Project Application PRJ-99-036. Property Location: 770 W. Parr Avenue. Property Owner/Applicant/Appellant: Naser Asgari. The following people from the audience spoke to this issue: Preston Hill, 2 North Santa Cruz Avenue, spoke of the history of the project and the compatibility of the proposal with the surrounding neighborhood. He spoke of Council's policy of infill development. Marv Kirkerby, 2397 Forrest Ave, San Jose, engineer for the project, gave presentation of all options considered in determining which alternative to follow. Naser Asgari, 4755 RueLyon, San Jose, asked that Council consider one of the proposals. No one else from the audience addressed this issue. Motion by Mr. Attaway, seconded by Mr. Pirzynski, to close the public hearing. Carried unanimously. Motion by Mr. Attaway, seconded by Mr. Pirzynski, to uphold the Planning Commission's decision and deny the appeal and to incorporate the findings for denial made by the Planning Commission as delineated in the staff report of 7/19/99. Carried unanimously. BAYVIEW AVENUE 32/RESIDENTIAL ADDITION/APPEAL (22.09) Mayor Hutchins stated that this was the time and place duly noted for public hearing to consider appeal of the decision of the Planning Commission denying an Architecture and Site application to exceed the allowable floor area ratio for an unlawful addition on a pre-1941 residence on a nonconforming lot zoned R- 1D. Project Application PRJ-99-033. Property Location: 32 Bayview Avenue. Property Owner/Applicant/Appellant: Jim and Bo Dolen. The following person from the audience spoke to this issue: Jim Dolen, 32 Bayview, spoke of the reasons for making the addition and the intent to apply for building permits. No one else from the audience addressed this issue. Motion by Mr. Pirzynski, seconded by Mr. Attaway, to close the public hearing. Carried unanimously. Motion by Mr. Attaway, seconded by Mr. Blanton, to grant the appeal finding that this was a policy over which the Planning Commission did not have discretion to modify but which is vested in the Council for modification and decision, and also finding that the lot coverage set backs on FAR are compatible with the development on the surrounding lots and that there will not be any additional traffic impact from this addition than that which is there currently. Carried unanimously. HEARINGS CONTINUED UNIVERSITY AVENUE 330/PLANNED DEVELOPMENT/ZONE CHANGE/HEARING (23.09) Mayor Hutchins stated that this was the time and place duly noted for public hearing to consider a request for approval of a Planned Development Application to change the zone from RM:5-12:LHP to RM:5-12:PD:LHP to demolish an existing pre-1941 single family residence, remodel an existing single family residence, and construct 25 residential units. No significant environmental impacts have been identified as a result of this project and a Negative Declaration has been recommended. Development Application DEV-97-005. Negative Declaration Application ND-97-14. Property Location: 330 University Avenue. Property Owner: Estate of Zona Mae Boyer. Applicant: Maxim Investments. The following people from the audience spoke to this issue: Bill Hirschman, 1540 Parkmoor Ave, explained the traffic improvements at Saratoga Avenue and how they could be considered a community benefit Paul DuBois, 121 Altura Vista, that the developer deposit traffic mitigation funds with the Town which may be joined with Town funding for improvements at this intersection when the proposed traffic study and this intersection study is completed. John Krop, 246 Edelen Avenue, approved of the development if the traffic concerns could be mitigated. Brian Drugge, 68 Miles, did not approve, and thought that many of the residents were still opposed. Diane McNutt, 27 Jackson St., representing the Chamber of Commerce, spoke in favor of the proposal and the additional housing to be located in the downtown. No one else from the audience addressed this issue. Motion by Mr. Blanton, seconded by Mr. Pirzynski, to close the public hearing. Carried unanimously. Motion by Mrs. Lubeck, seconded by Mr. Blanton, to make the Negative Declaration and find that the zone change is consistent with the General Plan and Downtown Specific Plan and the Redevelopment Plan for the Central Los Gatos Redevelopment Project Area; to make the findings for community benefit as required by the Town's Traffic Policy and Development Policy for In-Fill Projects; to make the findings as required by Section 29.10.09030(e) of the Town Code for the demolition of an historic single-family residence; and that the Planning Commission's and Chair Natchison's findings as delineated in the adopted Minutes of June 9, 1999 be incorporated as Council's findings. Carried by a vote of 3 ayes. Mr. Attaway and Mr. Hutchins voted no as reflected in previous record. Motion by Mrs. Lubeck, seconded by Mr. Blanton, to make the required considerations as noted in Exhibit J of Attachment 5 of the staff report; and to adopt the Mitigation Monitoring Plan as in Exhibit K of Attachment 5 in the staff report, noting that Exhibit K also discusses Circulation Mitigation which will have a slight modification. Carried by a vote of 3 ayes. Mr. Attaway and Mr. Hutchins voted no as reflected in previous record. The Town Clerk read the Title of the Proposed Ordinance. HEARINGS CONTINUED UNIVERSITY AVENUE 330/PLANNED DEVELOPMENT CONT. Motion by Mrs. Lubeck, seconded by Mr. Blanton, to waive the reading of the Proposed Ordinance. Carried unanimously. Motion by Mrs. Lubeck, seconded by Mr. Blanton, that Council introduce Proposed Ordinance entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONING ORDINANCE EFFECTING A ZONE CHANGE FROM RM:5-12-LHP TO RM:5-12-LHP-PD AT 330 UNIVERSITY AVENUE, which is included in this evening's desk item and which will include the addition of three standards for Development Application DEV-97-005 and which includes a change to Condition #43 which adds verbiage substantially in the form Mr. Korbb articulated as follows: The property owner shall complete the improvements required in the traffic study dated 2/24/98 before the certificates of use and occupancy are issued, or by the election of the Town and equivalent fee shall be deposited with the Town for purposes of constructing the mitigation improvements as recommended by further traffic studies; these improvements will be at least the equivalent of those defined in the current traffic study and will not require further mitigation fees from the developer. Carried by a vote of 3 ayes. Mr. Attaway and Mr. Hutchins voted no as reflected in previous record. LOS GATOS BLVD/RESTRICTED HIGHWAY COMMERCIAL/ZONE CHANGE/HEARING (24.09) Mayor Hutchins stated that this was the time and place duly noted for public hearing to consider a request for approval of a zone change from R-1:8 (Single Family Residential - minimum lot size 8,000 sq. ft.) to CH (Restricted Highway Commercial). No significant environmental impacts have been identified as a result of this project, and a Negative Declaration is recommended. Development Application DEV-98-0011. Negative Declaration ND-99-0003. Property Location: 15043 Los Gatos Boulevard. Property Owner/Applicant: Robert A. Spinazze. The following person from the audience spoke to this issue: Louis Dorcich, P.O. Box 1149, Soquel, architect and representative for Mr. Spinazze, explained the remodel of the restaurant. No one else from the audience addressed this issue. Motion by Mr. Blanton, seconded by Mr. Attaway, to close the public hearing. Carried unanimously. Motion by Mr. Attaway, seconded by Mr. Blanton, to make the Negative Declaration and find that the amendment is consistent with the General Plan. Carried unanimously. The Town Clerk read the Title of the Proposed Ordinance. Motion by Mr. Attaway, seconded by Mr. Pirzynski, to waive the reading, and to introduce Proposed Ordinance entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONING MAP FORM R-1:8 TO CH FOR THE PROPERTY LOCATED AT 15043 LOS GATOS BOULEVARD. Carried unanimously. OTHER BUSINESS UNIVERSITY AVENUE 565-573/SANTA CRUZ AVE N 536/CAMPO DI BOCCE/APPEAL Mayor Hutchins stated that this was the time and place duly noted to consider 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 approval of 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. Project Application PRJ-97-059 (modification to Conditional Use Permit.) Variance Application V-97-003. Project Applications PRJ-98-248 & PRJ-98-249 (CUP for alternate parking.) 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. (Continued from 4/19/99, 6/7/99 & 7/19/99.) The following people from the audience spoke to this issue: Andy Faber, 10 Almaden Blvd, San Jose, representing Campo di Bocce, presented a review of previous public hearings and explained how the business was attempting to meet the imposed requirements. Tom Albanese, 15435 Pepper Lane, Saratoga, owner, spoke of the implementation of the requirements made by Council. He noted that these conditions can be met and that the restaurant was already adhering to this policy. Ken Rodrigues, 18 N San Pedro St, San Jose, spoke of methods for checking the reservation schedules and the buses that arrive each day so that staff could monitor the business use. No one else from the audience addressed this issue. Motion by Mr. Attaway, seconded by Mrs. Lubeck, to return with the amended resolution on September 7, 1999 and present a functional monitoring plan for the buses worked on by staff and applicant. Staff is to consider the method which Council determined that parking defined in the code was suggestive in this case due to the composite uses of this business and facility. Carried unanimously. PEDESTRIAN ISSUES/BLOSSOM HILL RD/UNION AVE (26.40) B. Union Avenue Pedestrian Pathway between Lausen and Lynn The following person from the audience spoke to this issue: Susanne Belshe, 108 Lausen Court, spoke of the location of the asphalt path for the entire length. She brought a bid from one company for the cost of the proposal. Council consensus to authorize the Manager to hire a contractor and pay up to $40,000 for construction of an asphalt pedestrian walkway between Lausen Court and Lynn Avenue; further that staff provide notification and an opportunity for affected property owners to have an opportunity to speak at the next Council meeting on August 2, 1999. A. Request for a pedestrian crossing on Blossom Hill Road at Meadowbrook Drive Council Consensus to deny this request due to pedestrian safety concerns owing to heavy traffic flow on this road. UNIVERSITY AVENUE 50/OLD TOWN/MID-BLOCK CROSSWALK (27.40) The following people from the audience spoke to this issue: Janice Benjamin, 211 Alexander Ave, noted that there was no posted speed limit between Main and Royce on University. She spoke of 35 to 40 miles per hour. She asked that speed limit signs be placed on University and methods for slowing down traffic on this road be utilized. Mr. Knapp, Town Manager, read two letters into the record: Enerson, 51 University-A, Romantique Lingerie, spoke of safety on University and the need to install crosswalks; Susan Sedgely, 51 University, she spoke of the crosswalk relocation which she had not been notified about, and about the traffic conditions at this location. She asked for additional crosswalks and a stop sign. Andrea Felsovanyi, Reverend at St. Luke's, 20 University Ave, asked that the crosswalk be replaced in mid street. The public parking pedestrian exit needs access to a crosswalk to reach the church and Old Town. The removal of that crosswalk seems to have caused the traffic to accelerate on the street. Council Consensus to put in a curb cut form of a pedestrian crosswalk mid- street between the old and new Old Town buildings and make plans for a raised pedestrian cross walk after University Avenue has been repaved two years from now. The street scape improvement plan could incorporate all the crosswalks with the same treatment. This project to include community outreach and additional input to determine the most practical and attractive crosswalks for safety and traffic calming purposes. Staff to return to Council with report as to when the central curb cut crosswalk will be complete and report on additional crosswalks and stop signs near Old Town. Council Consensus to place 20 mile and hour speed signs on University; and to palace diagonal parking lines in front of the West side buildings with signs to say six to ten in the morning is the loading and unloading times and the rest of the time is diagonal parking for shoppers. Council Consensus to do additional policing of traffic in the Old Town area during its openings and for some time until pedestrians and traffic have worked out the new configurations. Staff to report to Council on findings. A radar wagon at this location would help slow down traffic. A new radar wagon for the Town was suggested in aiding traffic calming throughout Town as the observation was that these units do tend to slow traffic down. Staff to report on the cost, availability and practicality of purchasing a new radar wagon. CATS FIRE/HOME LOSS/REIMBURSEMENT PERMIT BUILDING FUNDS/REQUEST (28.09) Motion by Mr. Blanton, seconded by Mr. Pirzynski, to deny the request of Andrew and Susan Holcomb for reimbursement of development permit costs required to rebuild their house which was lost in the Cats Fire referring to the information in the staff report concerning the PG&E settlement which included all building replacement costs. Carried unanimously. CALVARY CHURCH/PARKING LOT LIGHTS/16330 LOS GATOS BOULEVARD (29.09) Mayor Hutchins stated that this was the time and place duly noted to consider report discussing the lighting on the recently approved overflow parking lot for Calvary Church. The following people from the audience spoke to this issue: Robert Walker, 16791 Loma Street, spoke of the eight feet light standards. He spoke of comparative lots and their brightness. He noted that the neighbors had spoken to the church about the lights in the plans but the church would not consider a change. Steve Torres, 15743 Kavin Lane, Project Director for the Church, spoke of the dim lighting for the parking lot. He spoke of the reduced number of lights in the lot; the lower light standards; and the 28 days a year that the lights would be used. He spoke of light shields that can be placed on the light standards to reduce the lighting. He noted that the overflow lot would only be lit and used no more than 28 times a year. CALVARY CHURCH CONTINUED (Speakers continued:) Joel Lindholm, 16801 Loma Ave, he asked for eight foot lights and additional landscaping. Bob Witters, Administrator of the Church, he noted the 25 foot landscape buffer along Loma Street. He spoke of the purchase of this property by the owners with the understanding that they would do their own landscaping to mitigate the visual problems to their property. Nancy Walker, 16791 Loma Street, would like the sixteen and a half foot light standards replaced with fourteen foot lantern lights. She submitted a letter from Alice Sadusky, her neighbor, regarding the landscaping and lighting. Dorothy Lowe, 16346 Robie Lane, noted that the use permit allows this lot for overflow parking and she doesn't believe that it will only be used 28 times a year. She asked if the gates would be open to regular parking on Sunday or if they would be only open when it was evident that there was a need for overflow parking and if the Church would monitor this use. No one else from the audience addressed this issue. PAST MIDNIGHT Motion by Mr. Pirzynski, seconded by Mr. Attaway, to continue the Council meeting past midnight. Carried unanimously. Council Comments: Mr. Blanton would like to mediate with the neighbors regarding their expectations and the reality of the safety issues involved with obtaining adequate lighting for the parking lot. That staff attempt to mediate with church and neighborhood to bring an acceptable resolution to the problem. Mr. Pirzynski would like to see the light shields tried to see if they might be effective; He would like more consideration given to landscaping; He asked that staff work on the mediation items. Mr. Hutchins asked that the Church test some options to ease the situation of the height of the light standards and the light's intensity. Mrs. Lubeck asked that staff, neighbors and church work together on these issues. Mr. Attaway volunteered to participate in any other church outreach to its neighbors regarding the parking lots and its building schedules. He would like to witness the meetings so that there would be Council opinion available at future Council meetings as to what really occurred at the community meetings. Steve Torres asked if the Church would be able to use this parking lot on Sunday mornings to park. He noted that the Church would not use the lot at night with the lights until the issue is resolved pending approval of the lights. Council consensus that this lot can have temporary approval and be used as a daytime lot until such issues as lights, landscaping and ownership are resolved. (Mrs. Lowe asked again that lot be used only as a spill over lot during the day.) COUNCIL COMMITTEE REPORTS Mrs. Lubeck reported that George Sampson from KCAT called today and reported that a person in the community is underwriting $25,000 worth of cable cast upgrades. ADJOURNMENT Mayor Hutchins adjourned this evening's meeting at 12:33 a.m. ATTEST: Marian V. Cosgrove Town Clerk