M 05-05-86TOWN OF LOS GATOS CALIFORNIA
TOWN COUNCIL/PARKING AUTHORITY AGENDA
MAY 5, 1986
TOWN COUNCIL
The Town Council/Parking Authority met in a joint meeting in the Council
Chambers of the Town Hall at 7:30 p.m., in regular session.
ROLL CALL
PRESENT:Joanne Benjamin, Eric D. Carlson, Thomas J. Ferrito and
Mayor Terrence J. Daily.
ABSENT:Brent N. Ventura.
Mr. Ventura arrived at 8:25 p.m.
PLEDGE OF ALLEGIANCE
Given by all in attendance and led by Boy scout Troop 603.
CLOSED SESSION REPORT
The Town Attorney stated Council had met in Closed Session prior to tonight's
meeting and discussed the following:
Pursuant to Government Code Section 54956.9 (a) Town v. Ferrari; Town
v. Los Gatos Chrysler-Plymouth; Town v. "And Chili's"; Abe v. Town; and Town v.
Boehringer. There is nothing to report.
Pursuant to Government Code Section 54956.9 (b) Council discussed the
claim of Cathy Lockhart. Council determined there was significant exposure to
litigation and Council authorized settlement to Cathy Lockhart in the amount of
$828.69; and authorized the settlement of claim of State Farm Insurance in the
amount of $2,180.61.
Personnel, labor relations and property acquisitions were not discussed.
EX-AGENDA ITEMS
It was reported there were no ex-agenda items. Item 18 would be deleted from
the agenda but would be continued to May 19, 1986 agenda.
BID AWARD CASH REGISTER
Council received staff report on bids received for the purchase of a cash register.
Bids were received from American Diversified in the amount of $1,746.93;
American Business Machines in the amount of $3,474.15; and San Jose Cash
Register in the amount of $4,065.19. It was noted that the lower bidder did not
meet specifications. Mrs. Benjamin moved bid be awarded to American
Business Machines in the amount of $3,474.15. Mr. Carlson seconded. Carried
by a vote of four ayes. Mr. Ventura was absent.
COMMUNICATIONS (referral/file)
a.Letter from Ellen Reeder opposing change in speed limits on various
streets in Los Gatos. Mrs. Benjamin moved to refer this letter to the Town
Manager for report. Mr. Carlson seconded. Carried by a vote of four ayes. Mr.
Ventura was absent.
b.Letter from Richard Gaines regarding traffic capacity standards. Mrs.
Benjamin moved to refer this letter to the Town Manager for report. Mr. Carlson
seconded. Carried by a vote of four ayes. Mr. Ventura was absent.
c.Letter from Norman Stoner regarding standard fire protection available to
Los Gatos residents. It was stated this is within the Central Fire Protection
District and staff should ask Chief Sporleder to meet with residents in this area as
soon as possible. Mrs. Benjamin moved to refer this letter to the Town Manager
for report and contact Chief Sporleder as stated above. Mr. Carlson seconded.
Carried by a vote of four ayes. Mr. Ventura was absent.
d.Letter from Mr. & Mrs. Norman Burke objecting to the abandonment of
portion of Harwood Road (Oster property). Mrs. Benjamin moved to refer this
letter to the Town Manager for report. Mr. Carlson seconded. Carried by a vote
of four ayes. Mr. Ventura was absent.
APPEAL CERTIFICATE OF COMPLIANCE AT 17101 LOS ROBLES
Mrs. Benjamin moved for adoption of Resolution No. 1986-57 entitled,
RESOLUTION GRANTING APPEAL OF THE PLANNING COMMISSION
DENIAL OF REQUEST FOR APPROVAL OF CERTIFICATE OF COMPLIANCE
ON TWO LOTS LOCATED IN THE R-1:30,000 ZONE (17101 Los Robles Way -
Old National Financial Services, Inc.). Mr. Carlson seconded. Carried by a vote
of three ayes. Mr. Ventura was absent. Mr. Daily abstained due to his absence
at the time of the hearing. Mr. Ferrito wished the minutes to reflect that he is only
voting yes because he feels that Legislature has removed any and all ability to
really decide this issue.
PLANNING MONTHLY REPORT
Informational report for Council.
COUNTY REFERRALS
Mrs. Benjamin moved to accept staff recommendations on the following:
2858-27-44-86LA w. side of Iron Springs Rd.
Dodge/Bothman lot line adjustment No comment.
2860-31-49-86DR 16353 Aztec Ridge Cseuz Design
review (accept report)No comment.
Mr. Carlson seconded. Carried by a vote of four ayes. Mr.Ventura was absent.
SCHEDULE OF PUBLIC HEARINGS
Information report to Council on upcoming scheduled public hearings.
PARKING COMMISSION ACTIVITY REPORT
Information report for Council.
NOTICE OF COMPLETION
Mrs. Benjamin moved for approval of Notice of Completion and Certificate of
Acceptance for the following:
Tract 7725 - 413 Los Gatos Blvd. - American National Development
Group.
513 Monterey Avenue - Michael & Dorothy Layne.
Authorize Mayor to sign said documents and the Clerk to record. Mr. Carlson
seconded. Carried by a vote of four ayes. Mr. Ventura was absent.
PROJECT 322 ROUTE SIGNING CHERRY BLOSSOM LN.
Mrs. Benjamin moved for adoption of Resolution No. 1986-58 entitled,
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
APPROVING PLANS AND SPECIFICATIONS FOR PROJECT 322 - BIKE
ROUTE SIGNING: CHERRY BLOSSOM LANE. Mr. Carlson seconded. Carried
by a vote of four ayes. Mr. Ventura was absent.
BUS STOP RELOCATION - LOS GATOS BOULEVARD N. OF BLOSSOM HILL
ROAD
Mrs. Benjamin moved for adoption of Resolution No. 1986-59 entitled BUS
LOADING ZONE - LOS GATOS BOULEVARD. Mr. Carlson seconded. Carried
by a vote of four ayes. Mr. Ventura was absent.
Mrs. Benjamin moved for adoption of Resolution No. 1986-60 entitled, PARKING
PROHIBITION ON LOS GATOS BOULEVARD. Mr. Carlson seconded. Carried
by a vote of four ayes. Mr. Ventura was absent.
REPORT REGARDING ROADWAY CONDITIONS ON BLOSSOM HILL ROAD
Information report for Council. Staff has responded to letters of complaints.
SECONDARY DWELLING UNIT 46-48 BROADWAY
Mrs. Benjamin moved to continue this matter to May 19, 1986 to allow time for
staff report. Mr. Carlson seconded. Carried by a vote of four ayes. Mr.Ventura
was absent.
VANDALISM 300 E. MAIN ST.
Informational report for Council.
ROUTE 85 EIR STATEMENT (DEIS)
Informational report for Council.
CRITICAL INTERSECTION IMPACT POLICY
Mrs. Benjamin moved for adoption of Resolution No. 1986-61 entitled, CRITICAL
INTERSECTION IMPACT POLICY STATEMENT. Mr. Carlson seconded.
Carried by a vote of four ayes. Mr. Ventura was absent.
REPORT REGARDING CODE VIOLATIONS 14314 LA RINCONADA DRIVE
Discussion was held as to whether the Town has an ordinance regulating open
fires. After some discussion Mrs. Benjamin moved to accept report from staff
and refer this to the Town Attorney to initiate legal action. Mr. Carlson seconded.
Carried by a vote of four ayes. Mr. Ventura was absent.
MINUTES APRIL 21, 1986
Mrs. Benjamin requested correction of minutes of April 21, 1986, page 9, subject
- National Tennis Tournament, (third sentence from the bottom of this paragraph
to read), "Mrs. Benjamin stated she would vote in favor this year, but that in
subsequent requests, there should always be at least one court open for regular
public play." Mrs. Benjamin moved for approval of April 21, 1986 minutes as
corrected. Mr. Ferrito seconded. Carried by vote of four ayes. Mr. Ventura was
absent.
PAYROLL APRIL 25, 1986 & RELATED WARRANTS
Mr. Carlson moved for approval of April 25, 1986 payroll in the amount of
$144,844.98 and payroll related warrants in the amount of $109,559.11. This will
also include the approval of warrants of March 1, 1986, which were being held for
answer regarding payment of Chamber dues. Mrs. Benjamin seconded. Carried
by a vote of four ayes. Mr. Ventura was absent. Manager answered question of
Mr. Carlson regarding payment of Chamber dues.
APPEAL CODE CORRECTIONS 17082 SUMMIT WAY
Mayor Daily stated this was the time and place duly noted for continued public
hearing to consider the appeal of code correction requirements for secondary
unit at 17082 Summit Way. It was noted the building official has reported the
cooking facilities have been removed and therefore is no longer considered a
secondary unit. The appellant has requested the appeal be withdrawn. After
some discussion and no one in the audience wishing to speak on this issue, Mrs.
Benjamin moved hearing be closed. Mr.
Carlson seconded. Carried by a vote of four ayes. Mr. Ventura was absent.
Mrs. Benjamin moved to accept request for withdrawal of the appeal. Mr.
Carlson seconded. Carried by a vote of four ayes. Mr. Ventura was absent. Mr.
Ferrito moved to have code violation corrections monitored within 90 to 180 days.
Mayor Daily seconded. After some discussion Mr. Ferrito moved to withdraw his
motion and Mayor Daily withdrew his second. Mr. Ferrito then moved that any
corrections of code violations or appeal of code violations that are easily
corrected be monitored 90 to 180 days following the correction. Mr. Daily
seconded. Carried by a vote of four ayes. Mr. Ventura was absent.
Councilman Ventura arrived at 8:25 p.m.
APPEAL CONDITIONS OF APPROVAL USE PERMIT 115 N. SANTA CRUZ
AVENUE CHART HOUSE
Mayor Daily stated this was the time and place duly published for public hearing
to consider the appeal of conditions of approval by the Planning Commission on
approval of Conditional Use Permit Application U-85-4 and Architecture and Site
Application S-72-120C; namely the restriction of operating hours and the time
allotted for installation of a handicap access ramp. Property located at 115 N.
Santa Cruz Avenue - Chart House. Mr. Bowman answered questions of Council
regarding the application. Linda Callon, representing the Chart House, spoke on
the appeal stating they are requesting that the hours be the same as other bars
in the area. They (Chart House) is willing to undertake the handicap accessibility
but need more time to accomplish this and asked for an extension of time until
June, 1987. Discussion was held on withdrawal of Use Permit with the
understanding this would mean the loss of fees paid for Use Permit Application.
Discussion was held on the handicap access installation and whether there could
be a delay or a longer time period allotted for the installation. Appellant
requested time be extended to June 30, 1987. No one else wished to speak on
this issue, Mr. Ferrito moved hearing be closed. Mrs. Benjamin seconded.
Carried by a vote of four ayes. Mr. Ventura abstained. Mrs. Benjamin moved to
grant appeal with the following conditions: 1) to grant extension of installation of
handicap ramp to one year. She feels Planning erred in that it is usual, under the
Town Ordinance to grant one year to do the work and Planning only gave
applicant seven months; 2) repair any potholes on their property; and 3) address
the drainage problem where matts are washed. Mr. Carlson seconded and
requested an amendment that on installation of handicap access, Town should
set a penalty fee if job is not completed within the year. Mr. Ferrito stated he did
not see where Planning erred and felt this was a unique situation. Mrs. Callon
spoke on the penalty phase and said applicant would be willing to pull permit at
later date and furnish a performance bond to cover the project if not finished in
the allotted time. Mr. Bowman asked for clarification of the conditions. Mrs.
Benjamin restated her motion as follows: moved to grant the appeal with the
following conditions: 1) The foundation of the restroom addition shall be pier and
beam or other suitable construction to reduce impact on the existing redwood
tree; 2) Victory Lane shall be paved along the rear property line a distance of
approximately 95-100 feet and 16-18 feet wide with asphaltic concrete pavement,
areas of potholes and deteriorated pavement including sub-base shall be
repaired prior to the pavement including sub-base shall be repaired prior to the
pavement overlay, and the walkway at the existing redwood tree which is
cracked an broken shall be repaired, to the satisfaction of the Town Engineer; 3)
The building shall be made to meet State handicapped accessibility requirements
(ramp and restroom) by no later than May 5, 1987. Applicant to post a
performance bond and to pull the building permit by January 1, 1987; and 4)
Drainage improvements to eliminate drainage from rear of Chart House onto
Victory Lane shall be completed to the satisfaction of Town Engineer. Mr.
Carlson seconded. Carried by a vote of three ayes. Mr. Ferrito voted no and Mr.
Ventura abstained. The Town Attorney to prepare appropriate resolution for
Council consideration at the next meeting.
TOPPING WAY #1 ANNEXATION
Mayor Daily stated this was the time and place duly published for public hearing
to consider protests filed. Mr. Zapf reported the Town had received protests
against said annexation. Protests contained 43 signatures and represented
52.2% of the registered voters within the proposed annexation. Since the total
protests, by registered voters, exceed 50% the proceedings must be terminated.
No one from the audience wished to speak on this issue. Mrs. Benjamin moved
public hearing be closed. Mr. Ventura seconded. Carried unanimously. Mr.
Ferrito moved for adoption of Resolution No. 1986-62 entitled, A RESOLUTION
MAKING A FINDING REGARDING THE VALUE OF WRITTEN PROTESTS
FILED AND NOT WITHDRAWN AND TERMINATING THE ANNEXATION OF
CERTAIN INHABITED TERRITORY DESIGNATED AS TOPPING WAY #1 TO
THE TOWN OF LOS GATOS. Mr. Ventura seconded. Carried unanimously.
APPEAL DENIAL OF ZONE CHANGE IN ORDER TO CONSTRUCT 173 UNITS
AT 300 BLOSSOM HILL ROAD
Mayor Daily stated this was the time and place duly noted for continued public
hearing to consider the appeal of a decision of the Planning Commission in
denying Zone Change Application Z-84-5 requesting a change in zone from R-
1:8000 and RM:5-20 RM:5-20-PD in order to construct a 173 unit residential
development on 8.8 acres of property at the southeast corner of Blossom Hill
Road and Roberts Road. (Nino-Crosby) Pendar. Planning Director, Lee
Bowman, made comments regarding Planning Commission's denial of zone
change application. He stated there is an EIR associated with this application.
However, the appeal did not include the EIR and the EIR has not been
advertised. If Council determines tonight that they wish to consider reversing
Planning Commission's decision and granting the application, the matter will
have to be continued to a date to allow Council to hold hearing on the EIR before
approving the project. Mr. Abe Betpolice, appellant on project, spoke on issue
stating this project began two years ago and they have been following directions
and information from Planning Commission. The project has been redesigned
and two EIR's have been prepared, which are very costly, and now it is two years
later and Planning Commission deny the zone change application. Speaking in
opposition to the project were Ted Shebs, who registered his concerns regarding
traffic generated by said project; Jessie Prout,opposing the project and the
closure of Roberts Road; and Ann Lamborn, requesting the lowest density
possible for the project. Speaking in favor of the project were Byron Kobashi,
who feels the project will enhance that area of the community and also spoke on
the undersirables that have gathered at the bridge on Roberts Road for years
with nothing done about it. He feels this project would do away with that
problem. Mike Rugani spoke in favor of the project and the need for housing in
Los Gatos. Mr. Carlson stated that Council should refer this issue back to the
DRC and Planning Commission with specific directions and guidelines and the
issues he had in mind were: 1) reduce the number of units from proposed 173 to
approximately 84 market units with a corresponding reduction of 50% for trip
generation; 2) developer look into the parking problem and need for safety
access to the school from the development. Mr. Ferrito spoke of his concerns
and would like to see something in the range of 75 to 80 or 90 units and feels the
Town should take developers proposal of 20% of units constructed to be BMP
units and that it be a phase project, then development can be absorbed into the
community over a period of 4 or 5 years; also would like to see developer
contribute to the installation of a traffic signal at Robert's Road and Blossom Hill
Road. Mrs. Benjamin would prefer the total number of units to be 45. Which is
the number under the present zoning allowance, at the low end, because. Traffic
has been a real concern at the last Planning Commission meeting and Council
meeting. Also there is a hill that has to be dealt with as far as architecture and
site approval. Mr. Ventura stated he could support up to 45 market units and
would want 20% on BMP; see one story units on the first row of units closest to
Blossom Hill Road; see Nino house retained on site; and see if architecture can
be improve to the extent that the repetitious nature of the units may be blended
more harmoniously. Mr. Ventura also wants the Planning Commission to make a
recommendation to Council whether Roberts Road is private or public. Mr.
Ferrito stated he would also like to see Planning Commission address the
number of trips per day anticipated by this project, as well as other projects in the
area. Mayor Daily spoke of his concerns on traffic, favors the phase approach
and reduction of units. Mrs. Benjamin moved to send this back to DRC and
Planning Commission with the following directions: 1) support the project with 80
market units and 20% of units to be BMP; 2) provide substantial parking for
project; 3) project be done in phases over a period of 4 to 5 years; 4) provide
safety improvements to school from the development; 5) reduce the structures
along Blossom Hill Road to one story; 6) developer to contribute to installation of
a traffic signal at Roberts Road and Blossom Hill Road and redesign Roberts
Road intersection; 7) study architectural design and make more compatible; and
8) retain the Nino house on site. Mr. Ventura seconded. Carried unanimously.
The Town Attorney to prepare appropriate resolution for Council consideration at
the next meeting.
Mayor Daily declared a five minute recess.
LEGACY FOR THE ART PROGRAM
Mayor Daily stated due to the length of tonights meeting and the lack of staff
report in conjunction with the request, this will be held until May 19, 1986.
16-16 1/2 CLIFTON ACREAGE REVERSION (CRAFFORD)
Mrs. Benjamin moved to accept staff recommendation and hold referral in
abeyance pending outcome of appeal in Crafford v. Town. Mr. Carlson
seconded. Carried unanimously.
LAND DEVELOPMENT ADJACENT ROUTE 85 NATIONAL AVE. AT
SAMARITAN DR.
Mrs. Benjamin moved to approve the proposed guidelines for consideration of
the realignment of Samaritan Drive at Los Gatos Boulevard as follows: "The
Town of Los Gatos is currently working with other local public agencies and the
State of California to reach concurrence for development of a transportation
facility within the West Valley Corridor. In order to facilitate orderly development
adjacent to the corridor, the Town hereby acknowledges that the State of
California proposes to realign Samaritan Drive, as shown on Exhibit A, to
accommodate development of the corridor. Should it be necessary to realign
Samaritan Drive, the alignment shown on said exhibit is acceptable in concept to
the Town. The Town further acknowledges that if a corridor facility is not
constructed, or if it is developed without an interchange at Los Gatos Boulevard
(Bascom Avenue), there will no longer be a need to realign Samaritan Drive to
accommodate development of the corridor.
This guideline is not to be construed as acceptance of development of the
corridor. The Town reserves the right of review and approval (or denial) of any
facility in the corridor."
Mr. Carlson seconded. Carried by a vote of four ayes. Mr. Ventura abstained
due to family member having interest in property which maybe affected by this
relocation.
RECONSIDERATION OF REQUEST TO REMOVE SOME PREFERENTIAL
PARKING IN ALMOND GROVE AREA
Mr. Rugani and Mr. Christinsen, members of the Parking Commission, spoke in
favor of removal of three spaces as requested. Stated that even if the spaces
are in the Almond Grove District they have no bearing on the district and feels it's
logical to take those three spaces out of the preferential parking district. The
people living in those residences signed the petition to allow this change. After
further questions, Mayor Daily moved this request be reconsidered. Mr. Carlson
seconded. Carried by a vote of three ayes. Mr. Ventura and Mr. Ferrito voted
no. Mr. Ferrito moved Council schedule a public hearing for this issue. Mr.
Carlson seconded. Carried unanimously. Mr. Ferrito wished the minutes to
reflect the reason for scheduling a public hearing is so the Almond Grove
residents within the preferential parking district can be notified and be heard on
this issue. Clerk directed to schedule public hearing.
YOUTH ADVISORY COMMISSION REQUEST FOR CONCERT IN TOWN
PLAZA
Discussion was held on request to use Town Plaza. Council recommended this
concert be held in an indoor facility. Stefani Schmidt, member of the Youth
Advisory Commission, spoke on their desires for holding this event out in the
open. Suggestions were made for use of Oak Meadow Park but the main
problem is that the Town does not have liability insurance at this time. The Town
Manger stated there is a possibility that the Town will have insurance later in the
year, possibly in August. Miss Schmidt then stated maybe this could be held
later this year. Council wants to support the Youth Commission but at this time
and no insurance, Council can not approve this request. Staff to communicate to
the Youth Advisory Commission of this decision.
POSITIONS RE JUNE BALLOT PROPOSITIONS
Some discussion was held and it was consensus of Council that they take no
action regarding ballot propositions. This served as an informational report for
Council.
PROJECT 323 SHANNON RD. IMPROVEMENT & PROJECT 324 HICKS RD.
SAFETY IMPROVEMENTS
Discussion was held on these two projects. The Town Engineer, Ron Zapf,
explained that these are brush clearing projects along with installation of
guardrails and warning signs. The area on Shannon Road is east of Short Road
and has nothing to do with the problems of Shannon Road off Los Gatos
Boulevard. Mrs. Benjamin questioned whether they could include in this project
the building of some kind of a walkway between Cerro Vista and Happy Acres
Road. The Town Engineer stated Council could go ahead with the bidding
process and direct Engineering to investigate the potentiality of incorporating the
improvements as Mrs. Benjamin mentioned. Due to cost for advertising etc.,
Mrs. Benjamin moved to continue these projects for two weeks and Engineering
to investigate, including additional improvements as suggested. Mr. Carlson
seconded. Carried unanimously.
LOS GATOS BLVD. TRAFFIC STUDY PROJECT 309
Discussion was held on the Los Gatos Boulevard Corridor improvements that
have been prioritized by the consultant on the basis of the potential improvement
in Level of Service (LOS) s compared to current operating conditions and the
contribution the project makes to the overall improvement of the corridor. The
Council by consensus approved selected items from the ten items recommended
in the summary report of March 17, 1986 (Los Gatos Boulevard Corridor Traffic
Study), as follows:
1. Blossom Hill Road/Placer Oaks Road at Los Gatos Boulevard
approved as recommended by consensus motion of Mr. Ventura. Mrs. Benjamin
seconded.
2. Saratoga Avenue/Wheeler Avenue at Los Gatos Boulevard Saratoga
Avenue modifications not approved. Approved the extension of the left-turn lane
through Wheeler on Los Gatos Boulevard.
3. Lane control signing, northbound Los Gatos Boulevard just south of
Lark Avenue was approved as recommended. Mayor Daily stated approved by
consensus motion.
4. Roberts Road/Shannon Road at Los Gatos Boulevard, was approved
with modifications staff to review of Nino/Mitchell Avenues. Mr. Ferrito and Mrs.
Benjamin stated they were for this item.
5. Lark Avenue at Los Gatos Boulevard was approved as recommended.
6. Los Gatos-Almaden Rd./Chirco Avenue at Los Gatos Boulevard was
not approved. Mr. Ventura and Mr. Carlson stated they were for this item.
7. Los Gatos Village Square access at Los Gatos Boulevard was not
approved and request staff report. Approved by consensus motion of Mr.
Ventura.
8. Kennedy Road/Caldwell avenue at Los Gatos Boulevard was approved
with the exception that only one travel lane in each direction will be provided on
Los Gatos Boulevard.
9. Traffic signal interconnect system was approved as recommended.
10. Raised landscaped median between Spencer Avenue and Magneson
Loop was not approved.
It was consensus of Council to give permission to the Town Engineer, Ron Zapf,
to begin negotiations with Ruth & Going on amendment to agreement for
Engineering Services.
ADJOURNMENT
Mayor Daily declared the meeting adjourned at 12:20 a.m., Tuesday, May 6,
1986.
ATTEST:
Rose E. Aldag
Town Clerk