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M 09-02-86TOWN OF LOS GATOS CALIFORNIA TOWN COUNCIL/PARKING AUTHORITY AGENDA SEPTEMBER 2, 1986 TOWN COUNCIL The Town Council/Parking Authority met in a joint meeting in the Council Chambers of the Town Hall at 8:00 p.m., in regular session. ROLL CALL PRESENT:Joanne Benjamin, Eric D. Carlson, Thomas J. Ferrito, Brent N. Ventura, and Mayor Terrence J.Daily. ABSENT:None. PLEDGE OF ALLEGIANCE Given by all in attendance. PRESENTATION Mayor Daily presented a Proclamation Commending Deborah Sarosdy for saving the life of Graham Watts, 18 months, by the use of Cardio-Pulmonary- Resuscitation (CPR). Graham became unconscious and Ms. Sarosdy responded to his Mother's cry for assistance and saved Graham's life by the use of CPR. Fire Chief Sporleder and Police Chief Acosta along with Mr. & Mrs. Watts commended Ms. Sarosdy for her prompt assistance. APPOINTMENT ARTS COMMISSION There are currently two vacancies on the Arts Commission. Applications were received from Jeffrey Brown, Rita Baum, Megan J. Davidson, Janet M. McGinnis and Janet Brooks. Council voted to appoint Jeffrey Brown, and Megan J. Davidson each to a three year term on the Arts Commission expiring July 1, 1989. APPOINTMENT LIBRARY BOARD There is currently one vacancy on the Library Board and John D. Smart has applied for another three year term. Council voted to appoint John D. Smart to another three year term expiring July 1, 1989. APPOINTMENTS PLANNING COMMISSION There are currently two vacancies on the Planning Commission. Applications were received from Kathryn Morgan, Barbara S. Jordan, Lee M.Chase, Marcia J. Allmand, Martin H. Waldinger, David V. Campbell, Zaida Hackett, and Eugene W. Ely. Council voted to appoint Lee M. Chase and Kathryn Morgan to the Planning Commission each for another four year term expiring August 1, 1990. APPOINTMENT COMMUNITY SERVICES COMMISSION There is currently one vacancy on the Community Services Commission. Applications were received from Dinah G. Patterson and Lyn C. Starr. Council voted to appoint Dinah G. Patterson to fill the unexpired term of Philip Miller. Term expires January 1, 1988. APPOINTMENT SYSTEM ADVISORY BOARD OF SOUTH BAY COOPERATIVE LIBRARY SYSTEM There is currently one vacancy on the System Advisory Board of South Bay Cooperative Library System and Patricia M. Weber has applied for this position. Council voted to appoint Patricia M. Weber to the System Advisory Board of South Bay Cooperative Library System. CLOSED SESSION The Town Attorney, Mary Jo Levinger, reported that a Closed Session was held after the Council meeting of August 4, 1986. Pursuant to Government Code Section 54956.9(a) discussion was held on Scott vs. Town of Los Gatos and the Town approved the waiver of costs against the Ilses of that matter concerning cross complaint. Worker's Compensation matter of Jim Shea and Council approved the recommended settlement of $4,500.00. Barnhardt vs Town of Los Gatos and there is no report on this matter. Los Gatos vs. Vlamis condemnation matter. No report from the discussion. Pursuant to Government Code Section 54956.9(c) institution of litigation on zoning violation was discussed. No report at this time. A personnel matter was also discussed with no report. A Closed Session was held prior to tonight's meeting whereby discussion was held pursuant to Government Code Section 54956.9(b) on the claim of Ina Nelson. There was first the determination there was significant exposure to litigation. The Council then authorized the payment of the claim with an additional amount of $53.63 for a total of $197.91. There was also discussion held pursuant to Government Code Section 54956.9(c) on institution of litigation on zoning violations. There was no report. At the break this evening there will be a Closed Session to discuss pursuant to Government Code Section 54956.9(a) Town of Los Gatos vs. Vlamis. BID AWARD LEGAL ADVERTISING Request for Proposal for Legal Advertising were received from the Los Gatos Weekly and the Los Gatos Times Observer. Mr. Carlson moved to award the bid for Legal Publications to the low bidder, Los Gatos Times Observer for the next year (beginning September, 1986) and also, if the Times for some reason, is no longer mailed out to the residents of Los Gatos Council would reconsider rebidding the legal publications. Mayor Daily seconded. Carried by a vote of three ayes. Mrs. Benjamin and Mr. Ferrito abstained. Mr. Ferrito stated he "has tried to avoid, not only the actual conflicts of interest, but even the appearance of a conflict of interest. Since I am a candidate for re-election and since both of the local papers will be doing some advertising as well as editorializing and reporting on the election, I feel that to cast a vote for either newspaper at this time would, if not actually be a conflict of interest, have an appearance of a conflict of interest. Therefore, I would abstain." Mrs. Benjamin stated she "would also abstain for the same reasons that Mr. Ferrito gave. Also, I believe both papers are both very professional and I don't believe that there would be any problem with either of the papers. But, it could be in an election year. Because this should have happened in June, this bid, and I am sorry that it wasn't done in June. It has now become September and people might construe my vote or editorials or that type of thing, to be because of the vote. So, I will also abstain". The low bid included rates of $4.64 column inch for first printing and $4.33 for second printing; dates of publication are Tuesday; schedule of dates for submitting legals to meet publication deadlines to be Monday noon; three deadlines changed to Thursday for Memorial Day, Labor Day and Washington's Birthday holidays change of publication; monthly itemized statement containing insertions, rates and charges; turn around time on submission of affidavits of publications and invoices to be within 48 hours; proof-reading services; reset all legal advertisement except when directed by Town to do otherwise; free space for Promotion of Town meetings to be 1/4 page (43 in on 8 column format) per week; and Town to control copy. WRITTEN COMMUNICATIONS(referral/file) a.Letter was received from John Baggerly resigning from the Los Gatos Museum Commission. Mrs. Benjamin moved to accept Mr. Baggerly's resignation with regret and direct the Town Manager to prepare a Resolution of Commendation for his service on the Los Gatos Museum Commission. Mr. Carlson seconded. Carried unanimously. b.Letter from Catherine Little resigning from the Community Services Commission. Mrs. Benjamin moved to accept Catherine Little's resignation with regret and direct the Town Manager to prepare a Resolution of Commendation for her service on the Community Services Commission. Mr. Carlson seconded. Carried unanimously. c.Letters were received from Dale Hill and Rae Schmuck regarding the condition of Hilow Court. Mrs. Benjamin moved to refer this to the Town Manager for response. Mr. Carlson seconded. Carried unanimously. d.A letter was received requesting approval to hold the Annual Los Gatos Summit Marathon on November 16, 1986, from 8:00 a.m. to 1:00 p.m. Mrs. Benjamin moved to refer this request to the Town Manager for report. Mr. Carlson seconded. Carried unanimously. e.Letter was received from Carolyn & Fred Seamon regarding the widening of Kennedy Road. Mrs. Benjamin moved to refer this to the Town Manager for report. Mr. Carlson seconded. Carried unanimously. f.Letter from Elliot Lepler regarding the stadium in the downtown area of San Jose. Mrs. Benjamin moved to refer this to the Town Manager for report. Mr. Carlson seconded. Carried unanimously. COUNTY REFERRALS Mrs. Benjamin moved to accept the County Referrals as follows: 767-22-48-78B-86B Black Road Bausch/Trembray Single family bldg site No comment 2984-47-25-86B Black Road Blake Single family bldg site No comment. 2947-34-50-86B-86Dr Kennedy Road Perrucci Addition to existing home No comment Mr. Ventura wants staff to request annexation. 1156-30-49-806V-84GA Maya Way Casey Time extension No comment. 2961-52-31-86V E. La Chiquita Laubach Variance to expand existing 2nd unit. No comment. Mr. Ferrito requested better explanation to County. 464-26-52-78CC-86B Overlook Road Moore Single family bldg. site. Request that the application be delayed until more information has been submitted. 1423-34-51-81B-85B-85G-85DR Shannon Road McNabb Single family bldg site. Council indicated that the revised plans for the house and driveway meet the Town's standards, however, the Town is opposed to the tennis court as shown due to the excessive grading. Mr. Carlson seconded. Carried unanimously. SCHEDULE OF PUBLIC HEARINGS Council informational report. PLANNING COMMISSION/DEPARTMENT MONTHLY REPORT Council informational report. SECONDARY DWELLING UNIT STATUS REPORT Council informational report. THEADORE WALLACE VARIANCE REFUND Mrs. Benjamin moved to approve the request and refund the difference in filing fees of $100.00. Mr. Carlson seconded. Carried unanimously. AGREEMENT GATES, McDONALD WORKER'S COMP. SERVICES Mrs. Benjamin moved for adoption of Resolution No. 1986-140 entitled, A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS APPROVING AN AMENDMENT TO A SERVICE AGREEMENT WITH GATES, McDONALD AND COMPANY; and authorize the Town Manager to sign the agreement. Mr. Carlson seconded. Carried unanimously. AGREEMENT PROCESSING PARKING CITATIONS WITH VERTICAL MANAGEMENT SYSTEMS Mrs. Benjamin moved for adoption of Resolution No. 1986-141 entitled, RESOLUTION AUTHORIZING THE TOWN MANAGER TO EXECUTE AN AGREEMENT WITH VERTICAL MANAGEMENT SYSTEMS, INC. FOR PROCESSING OF PARKING CITATIONS; and authorize the Town Manager to sign the agreement with Vertical Management Systems (VMS) for the processing of parking citations. Mr. Carlson seconded. Carried unanimously. AGREEMENT DE ANZA COLLEGE FIREARMS RANGE Mrs. Benjamin moved for adoption of Resolution No. 1986-142 entitled, RESOLUTION AUTHORIZING THE TOWN MANAGER TO EXECUTE AN AGREEMENT WITH DE ANZA COMMUNITY COLLEGE DISTRICT FOR THE USE OF THE DE ANZA COLLEGE FIREARMS RANGE; and authorize the Town Manager to sign the agreement. Mr. Carlson seconded. Carried unanimously. REGULATIONS RENTAL DISPUTE MEDIATION & ARBITRATION Mrs. Benjamin moved for adoption of Resolution No. 1986-143 entitled, RESOLUTION AMENDING THE LOS GATOS RENTAL DISPUTE MEDIATION AND ARBITRATION REGULATIONS. Mr. Carlson seconded. Carried by a vote of four ayes. Mr. Ventura abstained due to conflict of interest. EMPLOYMENT AGREEMENT TOWN ATTORNEY Mrs. Benjamin moved for adoption of Resolution No. 1986-144 entitled, A RESOLUTION APPROVING AMENDMENT TO THE TOWN ATTORNEY EMPLOYMENT AGREEMENT BETWEEN TOWN OF LOS GATOS AND MARY JO LEVINGER. Mr. Carlson seconded. Carried unanimously. EMPLOYMENT AGREEMENT TOWN MANAGER Mrs. Benjamin moved for adoption of resolution No. 1986-145 entitled, A RESOLUTION APPROVING AMENDMENT TO THE LETTER OF AGREEMENT BETWEEN TOWN OF LOS GATOS AND DEBORAH SWARTFAGER. Mr. Carlson seconded. Carried unanimously. RATE OPTION FOR PG&E CUSTOMERS (RESIDENTIAL) Mrs. Benjamin moved for adoption of Resolution No. 1986-146 entitled, A RESOLUTION OF THE TOWN OF LOS GATOS SUPPORTING TIME-OF-USE ELECTRICAL RATES AS A RATE OPTION FOR RESIDENTIAL PG&E CUSTOMERS. Mr. Carlson seconded. Carried unanimously. APPEAL 15313 WINCHESTER BOULEVARD (J.L.R. Prop) Mrs. Benjamin moved for the adoption of, as corrected, Resolution No. 1986-147 entitled, RESOLUTION DENYING ZONE CHANGE APPLICATION REQUESTING A CHANGE IN ZONE FROM R-1:8000 TO R-1:8000-PD AND REMANDING TO THE PLANNING COMMISSION SUBDIVISION APPLICATION REQUESTING APPROVAL OF THREE LOT SUBDIVISION (15313 WINCHESTER BOULEVARD - J.L.R. Properties). Mr. Carlson seconded. Carried unanimously. ORDINANCE UNIFORM BLDG., MECHANICAL, HOUSING, ABATEMENT DANGEROUS BLDGS. PLUMB. & 1984 NATIONAL ELEC. CODES Mrs. Benjamin moved for the adoption of Ordinance No. 1689 entitled, ORDINANCE OF THE TOWN OF LOS GATOS ADOPTING BY REFERENCE WITH MODIFICATIONS, OF 1985 EDITIONS OF THE UNIFORM BUILDING CODE, UNIFORM MECHANICAL CODE,UNIFORM HOUSING CODE, UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS, UNIFORM PLUMBING CODE, AND THE 1984 EDITION OF THE NATIONAL ELECTRIC CODE. Mr. Carlson seconded. Carried unanimously. PROJECT 314 LARK AVE. IMPROV. CERTIFICATE OF ACCEPTANCE & NOTICE OF COMPLETION Mr. Ventura moved to refer this back to staff for a report on the breakdown of the supplemental appropriation taken from the Gas Tax Fund rather than the General Fund Appropriated Reserve. Return to Council at the September 15, 1986 Council meeting. Mr. Ferrito seconded. Carried unanimously. PARKING PROHIBITION 15531 UNION AVE. Mrs. Benjamin moved for the adoption of Resolution No. 1986-148 entitled, PARKING PROHIBITION UNION AVENUE. Mr. Carlson seconded. Carried unanimously. This Resolution would prohibit parking on the Westerly side of Union Avenue on both sides of the driveway of the Downing Shopping Center located at 15531 Union Avenue. PARKING PROHIBITION CAPRI DRIVE & WEST PARR AVENUE Mrs. Benjamin moved this item be continued to the September 15, 1986, Council meeting. Mr. Carlson seconded. Carried unanimously. BUS LAYOVER RELOCATION - LOS GATOS COMMUNITY HOSPITAL Council informational report. STORM DRAIN EASEMENT 308 E. MAIN ST. Mr. Ventura moved to authorize staff to obtain the storm drain easement from the property owner at 308 East Main Street in preparation for future construction of a storm drain line. Mrs. Benjamin seconded. Carried unanimously. PROJECT 327- 1985/86 STREET RESURFACING REPORT Mr. Ferrito moved to revise the scope of the project as follows: 1.Pollard Road - dig out and replace failed sections of pavement,overlay with asphaltic concrete and restripe. 2.Montebello Way - reinforce fabric over deteriorated areas, overlay with asphaltic concrete and restripe. 3.Blossom Hill Road - dig out and replace failed sections of pavement,place reinforcing fabric over deteriorated sections, overlay with asphaltic concrete and restripe. 4.Lark Avenue - dig out and replace failed section of pavement,place reinforcing fabric over deteriorated sections, overlay with asphaltic concrete restripe. In addition 12 other streets will be resurfaced with slurry seal under this project; authorize utilizing $60,000 from the $250,000 1986-87 Resurfacing Program included in the 1986/87 budget (GFAR). Mayor Daily seconded. Carried by a vote of three ayes. Mr. Carlson voted no and Mr. Ventura abstained. VASONA/HWY 17 TRANSPORTATION CORRIDOR Mrs. Benjamin moved to accept staff recommendation and authorize the Mayor to send a letter to the Policy advisory Board requesting consideration of an interconnect in the Route 85 median between the Vasona and Guadalupe Corridors in lieu of a southerly extension into Los Gatos. Mr. Carlson seconded. Carried unanimously. HIGHWAY 17 MODIFICATIONS Staff to advise Caltrans again of Council policy. VACATE SEWER EASEMENT & PORTION OF GENERAL SERVICE EASEMENT - 45 W. MAIN STREET Mrs. Benjamin moved for adoption of resolution No. 1986-149 entitled, A RESOLUTION OF INTENTION TO VACATE A SANITARY SEWER EASEMENT AND A PORTION OF A GENERAL SERVICES EASEMENT LOCATED AT 45 EAST MAIN STREET FOR PUBLIC EASEMENT PURPOSES; set public hearing for October 6, 1986; refer this to the Planning Commission for determination that the proposed vacation is not contrary to the General Plan; reject the applicant's request to waive processing fee; approve staff recommendation concerning valuation; and charge $300.00 processing fee for vacation of land. Mr. Carlson seconded. Carried unanimously. COMMENDING ADOLF KLEIN Mrs. Benjamin moved for adoption of resolution No. 1986-150 entitled, A RESOLUTION COMMENDING ADOLF KLEIN. Mr. Carlson seconded. Carried unanimously. COMMENDING PHILIP MILLER Mrs. Benjamin moved for adoption of Resolution No. 1986-151 entitled, A RESOLUTION COMMENDING PHILIP MILLER. Mr. Carlson seconded. Carried unanimously. ESTABLISHING 1986/87 YOUTH ADVISORY COMMISSION Mrs. Benjamin moved for adoption of resolution No. 1986-152 entitled, RESOLUTION RE-ESTABLISHING THE YOUTH ADVISORY COMMISSION AND RESCINDING RESOLUTION NO. 1986-142. Mr. Carlson seconded. Carried unanimously. ARTS AND MUSEUM COMMISSIONS ELECTION OF OFFICERS The Art Commission elected Mickey Benson as Chair and Jeffrey Brown, as Vice-Chair of the Commission. The Museum Commission elected John Barnes as Chair and George Neukam as Vice-Chair of the Museum Commission. PLANNING COMMISSION ELECTION OF OFFICERS On August 13, 1986, Catherine Smith was elected Chair and Susan Grimes was elected Vice-Chair of the Planning Commission. COUNTY TRANSIT DISTRICT ALLOCATION Mrs. Benjamin moved to accept staff recommendation and allocate funds granted to the Transit Assist Program by the Transit District Board of Supervisors to the following items effective upon receipt of funding: Temporary part-time employees: Volunteer Coordinator $6,000 Contractual Services: Provision of cross-boundary trips 2,000 Vehicle Maintenance 1,520 $9,520 Mr. Carlson seconded. Carried unanimously. RELEASE EXCESS TDA 4.5 FUNDS Mrs. Benjamin moved to accept staff recommendation and approve the release of funds in the amount of $1,925 in excess TDA 4.5 funds received in FY 1984/85 to the Santa Clara County Auditors, Local Transportation Fund. Mr. Carlson seconded. Carried by a vote of four ayes. Mrs. Benjamin abstained because she already voted once on this through the Transit Assist Board. MINUTES AUGUST 4, 1986 Mrs. Benjamin stated minutes should be amended on page 5, Appeal Rezoning & Subdivision at 15313 Winchester Boulevard, end of paragraph. Motion should state, "Mrs. Benjamin moved to deny the zone change. The question has always meant to me not the number of lots but the zoning. It has always been a question whether to change the zoning or not and from what I have heard, consistently, the neighborhood had asked the zoning not be changed. Because their property had been developed under one zone and now all of a sudden, and I have heard this many times, why change the rules across the street? The land should be developed under the current zoning which is consistent with the neighborhood. The neighbors asked for the same zoning as their's. They bought the property with the understanding that when the land across the street was developed it would be the same as their R-1:8000. The current property owner of the land in question bought the land knowing what the current zoning was. Therefore, the important point is by retaining the current zoning no one has lost anything." Mr. Ferrito stated minutes should be amended on the same page and subject. It should read, "Mr. Ferrito seconded referring to the Planning Commission report. He stated that while he is personally not in favor of wider streets and is in favor of preservation of trees because the neighbors believe that their safety is enhanced by a wider street because they were promised a wider street originally and because they've made it clear that's what they want. That's what I would support." Mr. Ventura requested change to page 3, Good Samaritan Hospital Historic Walk to reflect the following: "do not want the Historic Walk occurring through residential areas but through commercial areas." Page 6, Appeal 15313 Winchester Boulevard (Continued) line 2, delete "s" on "lots". Mr. Ferrito moved the minutes of August 4, 1986 be approved as corrected and amended. Mrs. Benjamin seconded. Carried unanimously. WRITTEN COMMISSION (for action) a.A letter was received from Planning Commissioner, Barbara Spector, notifying the Council that it may be necessary for her to miss more than three consecutive Planning Commission meetings. It was consensus of Council to reagendize this for the meeting of September 15, 1986. PAYROLL - AND RELATED WARRANTS AUGUST 15, 1986 Mr. Carlson moved for approval of the August 15, 1986 payroll in the amount of $129,200.10 and related warrants in the amount of $115,842.10. Mrs. Benjamin seconded. Carried unanimously. PAYROLL AND RELATED WARRANTS AUGUST 29, 1986 Mr. Carlson moved for approval of the August 29, 1986, payroll in the amount of $134,716.68 and related warrants in the amount of $112,892.25. Mrs. Benjamin seconded. Carried unanimously. WARRANTS AUGUST, 1986 Mr. Carlson moved for approval of the August 1986 warrants in the amount of $278,301.17. Mrs. Benjamin seconded. Carried unanimously. TREASURER'S REPORT JULY, 1986 Mayor Daily noted the receipt of the Treasurer's Report for July, 1986. APPEAL GUADALUPE COLLEGE Mayor Daily stated this was the time and place duly noted for continued public hearing to consider the request for Certificate of an Environmental Impact Report and an appeal of Planning Commission decision denying Conditional Use Permit Application U-84-6 to operate a private school (University level) in the HR-5 (Pre- zoned) Zone. Speaking in support of the appeal was Charles Bedolla, representative of the Sisters of Charity; Keith Pritchard,Attorney for the Sisters of Charity; and Mr. Stewart, representing the Sisters of Charity. Alice Hansen, Foster Road, feels this is the best use for the property. Voicing their concerns on traffic and access to Highway 17 were Kathy Anderson, Foster Road; Joan Brazell, Montevina Road and representative of Safe on 17; Alrie Middlebrook, member of Safe on 17; Nino Yanoni, Black Road and member of Safe on 17; Jim Argarino, Lake View Court; Jean Boynton, Secretary and representative of homeowners who are members of the Montevina Water Company and Redwood Estates Water Company; and Marilyn Dilles, Montevina Road. It was consensus of Council not to take a field trip to the collage. Mr. Carlson moved by consensus that Council needs to see, the burden of proof is no the applicant to propose a road that would solve the problem mentioned by the EIR Consultants. No action taken on motion. Mr. Ferrito made a consensus motion that Council find there is to be a road constructed from the College to Highway 17, the back way. This is consistent with the Hillside Plan. Mr. Ventura seconded and emphasized the alternative either be the road that has been previously studied connecting into Alma Bridge Road or the one going to Lime Kiln Road. No action taken on motion. Mr. Ferrito stated, for purpose of moving this, he made the consensus motion that it answers one of the basic questions which is, is the Council going to require a road the back way? Discussion was held on the 70 recommendations the staff has put together relating to the back road. There was a consensus motion by Mr. Carlson to require a back road for ingress and egress to the College. Mr. Ventura seconded. Carried unanimously. There was further discussion on the conditions that related to the road and intersection. Mr. Carlson moved as a consensus motion that Council not approve the Conditional Use Permit until Council sees a proposal that to the satisfaction of the Town Engineer and Planning Director satisfies the concerns raised in the EIR. Motion died. At this point discussion was suspended while the representatives of the Sisters of Charity reviewed the 70 recommendations. After a recess, Closed Session and the consideration of other matters on the agenda, Council resumed discussion of this appeal. Mr. Pritchard gave a run down on the 70 recommendations that were acceptable, not acceptable, and questionable. Mr. Pritchard and the other representatives are to meet with Staff to go over the 70 recommendations and discuss the modification or clarification of the recommendations; return to Council in two weeks with their report. Mrs. Benjamin moved to continue this item to the September 15, 1986 Council meeting. Mr. Ferrito seconded. Carried unanimously. APPEAL 316 GLEN RIDGE AVENUE (McMANIS) Mayor Daily stated this was the time and place duly noted for continued public hearing to consider the appeal of Planning Commission's denial of a Secondary Dwelling Unit on property in the R-1D-LHP Zone (Application D-85-156), property located at 216 Glen Ridge Avenue (J>D. McManis). Mr. McManis requested this item be continued for one year. Mrs. Benjamin moved to continue this item for one year (September 7, 1987). Mr. Ventura seconded. Motion failed by a vote of three noes and two ayes. Mr. Carlson, Mr. Ferrito and Mayor Daily voted no. Mayor Daily moved this be continued until the first meeting in January (January 5, 1987). Mr. Ferrito seconded. Carried by a vote of three ayes. Mrs. Benjamin and Mr. Ventura voted no. RECESS Mayor Daily declared, at 10:00 p.m., Council would adjourn to a Closed Session. Meeting reconvened at 10:20 p.m. CLOSED SESSION REPORT The Town attorney, Mary Jo Levinger, reported that Council just met in Closed Session. Pursuant to Government Code Section 54956.9(a) to discuss Town of Los Gatos vs. Vlamis. Council has authorized settlement of the case in the amount of $17,000. APPEAL 644 UNIVERSITY AVENUE Mayor Daily stated this was the time and place duly noted for public hearing to consider an appeal of Planning commission's denial of Conditional Use Permit Application and Architecture and Site Application S-85-64 requesting approval to operate an auto repair service and to construct a building on property located in the LM Zone. Property located at 644 University Avenue, Applicant A. Dimitropoulos. Angelo Dimitropoulos spoke in support of his appeal and answered Council's questions. Also speaking in support of the appeal was Ken Rodriguez, Architect; Rod Bennett, property owner next to 644 University Avenue; and Mr. Agular. There was discussion on removal of trees; traffic impact by number of trips; number of employees; storage of parts and cars; and hours of operation. No one else from the audience wished to speak on this issue. Mr. Carlson moved the public hearing be closed. Mrs. Benjamin seconded. Carried unanimously. Mr. Carlson moved to find the Planning Commission erred in not considering the exact traffic generation characteristics of the application and erred by not considering the provisions of the General Plan calling for local servicing businesses. Mrs. Benjamin seconded. Mrs. Benjamin stated she is voting in favor because there is a negative amount of trips in the intersection that has been shown to her. Secondly, it also goes along with the General Plan which says it is a resident serving business. Mr. Ferrito speaking to earlier comments, stated he didn't think Council told the Planning Commission to not approve developments because there is a traffic problem. Council is to make the judgement calls and the Planning Commission to make sure each element of the General Plan is satisfied before voting approving. The Planning Commission is doing the right thing by being restrictive and letting Council decide whether to loosen up or not. Mayor Daily felt Council can not always be the good guys. Mr. Carlson stated the Planning Commission could be found to err if Council could put further constraints of the use to guarantee trip generation are less than the current estimates of the staff. Mr. Carlson added to his motion conditions on the number of employees; landscaping; storage of vehicles; and hours of operation. Mr. Ferrito wants this sent back to the Planning Commission to look at the definition of specialty shop. Mr. Ventura is concerned about traffic generation and potential build out. This project, he feels, is to intense for the site given the traffic figures from staff and the development not fitting the site. Mr. Carlson withdrew his original motion. Mr. Carlson then moved to send this back to the Planning Commission and ask them to consider whether they could support the use with restrictions so that the traffic generation would come out to be less or equal to what's currently going on; and the Planning Commission could give Council a site plan that would meet landscaping and other standards (regarding preservation of natural and historic resources); also consider definition of specialty automotive. Mr. Ferrito seconded. Carried unanimously. Mr. Carlson stated the intent of his motion was, "this kind of business is something we want to try and find a way to work for meeting local serving. What we want to do is to try and find a way we can work a solution that does not impact a critical intersection which has always been our intent. Yet, solves the problem, so to speak, of getting local serving businesses in Town. That is what our goal is and I believe this application is a classic application." APPEAL 400 BLOSSOM HILL (HIGGINS) Mayor Daily stated this is the time and place for continued public hearing to consider an appeal of Planning commission's denial of request for approval of plans to construct an additional office building, Architecture and Site Application S-84-15, and to waive screen wall requirements, Variance Application V-84-1, on property in the "O" Zone. Property located at 400 Blossom Hill Road, owner William L. & Virginia B. Higgins. Mr. Higgins, applicant,spoke in support of his appeal. Mr. Ventura questioned whether Mr. Higgins was agreeable to an open space easement on the undeveloped portion of the property. Mr. Higgins agreed to this and also was in agreement to limit the number of employees to 18 for the new structure and 36 for the entire site; flex hours for his employees; right turns in and out of his driveway; and the requested Variance because the construction of a masonary wall along the north and east property lines would not serve the intended purpose for screening because of it's high elevation above the project and it would require removal of a number of existing mature trees and shrubs. No one else in the audience wished to speak on this issue. Mr. Ventura moved to close the public hearing. Mr. Carlson seconded. Carried unanimously. Mr. Carlson moved the Planning Commission erred in not considering the Council's request that we have an overall allocation of trips in the corridor and this parcel get some share of those trips in the Blossom Hill Corridor. They did not consider the direction that Council thought 7,000 square feet was an acceptable compromise for this property; and therefore move Council grant the appeal subject to following conditions: 1) Final parking, circulation, parking lot striping,parking lot signing, drainage, interim and final erosion control and utility plans shall be submitted to the satisfaction of the Town Engineer. New parking lot lighting shall be maximum 70 watt high pressure sodium "cut-off" style fixtures. 2) Included anything on Blossom Hill Road between Winchester Boulevard and Los Gatos Boulevard and Los Gatos Boulevard and Lark Avenue. This would include improvements of sidewalking on the north side of Blossom Hill Road as well as the signal at Roberts Road up by Fisher Junior High School (only his portion according to use). A triangular island to be placed in the driveway of the development (as opposed to Blossom Hill Road) with right turn only into and out of the property. 3) A well information questionnaire shall be completed to the satisfaction of the Town Engineer. 4) Payment of an in-lieu fee to pay a proportionate share of the cost of intersection improvements at the following intersections: Blossom Hill Road/Roberts Road 1 percent; Blossom Hill Road/Los Gatos Boulevard 1 percent; Blossom Hill Road/Union Avenue 1 percent: Los Gatos Boulevard/Lark Avenue 1 percent; University Avenue/Lark Avenue 1 percent. 5) Prior to any building permits being issued, the applicant shall meet with the Director of Parks, Forestry and Maintenance Services concerning the need for protective fencing around the existing trees. A plan for such protective fencing demonstrating type and location shall be submitted to the Planning Director after being approved by the Director of Parks, Forestry and Maintenance Services. Such fencing is to be installed prior to, and be maintained during construction. 6) Two-year tree maintenance contract shall be established for the protection of existing and newly planted trees, to the satisfaction of the Town Engineer. 7) Limit the number of employees to the new structure to 18 and a total of 36 employees for the sight. 8) Maintain flex hours for employees especially during peak school hours (peak hours in the morning and 3:00 - 5:00 in afternoon). 9) Have a guarantee that this would represent full build out on site by adding the condition of an open space easement on the undeveloped portion of the property. 10) Grant the Variance and approval of the Variance appears justified because the construction of a masonry wall along the north and east property lines would not serve the intended purpose for screening because of its higher elevation above the project and fact that it would require removal of a number of existing mature trees and shrubs and also would not act as a buffer between that and the adjacent property. Mr. Ventura seconded. Carried by a vote of four ayes. Mayor Daily voted no for reasons previously stated in prior applications such as Pendar, The Terraces just to name a few. CONTINUE OF MEETING Mr. Ferrito moved to continue the meeting past midnight to complete the agenda. Mrs. Benjamin seconded. Carried unanimously. FEE SCHEDULE FOR VARIOUS ORDINANCE & COPYING OF RECORDS Mayor Daily stated this was the time and place duly noted for public hearing to consider revisions to the fee schedule for Zoning, California Environment Quality Act, Subdivision Proceeding,and copying of records. Discussion was held on whether the Chamber of Commerce has seen this staff report. Mrs. Benjamin moved the public hearing be closed. Mrs. Benjamin withdrew her motion. Mr. Carlson moved to continue the hearing until October 6, 1986. Mrs. Benjamin seconded. Carried unanimously. APPEAL DENIAL OF PUSHCART LICENSE Mayor Daily stated this was the time and place duly noted for continued public hearing to consider the appeal of the denial of a pushcart license at High School Court and Church Street. Applicant, Philip Bond (Anything 'n Bagels). Owner Jerry Falk. Phil Bond submitted a letter requesting withdrawal of his appeal until a later date. Mrs. Benjamin moved to withdraw the appeal. Mr. Ventura seconded. Carried unanimously. ORDINANCE AMENDING CHAPTER 19A TO ALLOW PUSHCARTS ON PROPERTY ADJACENT TO A HIGH SCHOOL No action taken due to withdrawal of pushcart license appeal. BLOSSOM HILL ROAD PEDESTRIAN/BIKE SAFETY IMPROVEMENT (PROJECT 316) Blossom Hill Road Pedestrian/Bike Safety Improvements would install a guardrail and pathway from Old Blossom Hill Road to Linda Avenue. Speaking in opposition to the guardrail and support of left turn lanes was Jamie Trejo, 103 Atwood Court; Ron Galligan, Stephanie Lane; Donna Wolf, Stephanie Lane; and Carol Wimberly, 15961 Quail Hill Road. Mr. Ventura moved to delete the guardrail along Blossom Hill Road from Atwood Court to Short Road. Mrs. Benjamin seconded. Carried unanimously. Staff to look at the pathway that runs from Hillbrook to Blossom Hill Park. Mrs. Benjamin moved staff look into left turn pockets at Stephanie, Linda and Short. Mr. Ferrito seconded. Carried unanimously. ROUTE 85 PREFERRED ALTERNATIVE Mr. Ventura moved to ratify by concept the Policy Advisory Boards recommendation on Route 85 preferred alternative dated August 6, 1986. With conditions, which would be required before Los Gatos would approve a freeway agreement: 1) There would be an interchange in Saratoga as previously stated; 2) The process to develop mutually acceptable transportation and land use policies between all cities and County to coordinate development with existing of future transportation facilities be spelled out before the agreement is signed; 3) The types of controls used be adopted by all represented cities. Mrs.Benjamin seconded. Failed by a vote of three noes and two ayes. Mr. Carlson, Mr. Ferrito and Mayor Daily voted no. Mr. Carlson moved for conceptual approval Council will not approve a freeway agreement unless there is an interchange in Saratoga and until a process is established for land use control. Mr. Ventura seconded. Carried by a vote of three ayes. Mayor Daily and Mr. Ferrito voted no. LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE VOTING DELEGATES Mr. Carlson moved to designate Mayor Terrence J. Daily as voting delegate and the Town Manager, Deborah Swartfager, as alternate for the Annual League Conference. Mr. Ferrito seconded. Carried by a vote of four ayes. Mayor Daily abstained. ADJOURNMENT Mr. Ferrito moved the meeting be adjourned at 1:45 a.m., Wednesday, September 3, 1986. Mr. Carlson seconded. Carried by a vote of three ayes. Mrs. Benjamin and Mr. Ventura were absent. ATTEST: Rebecca L. Yates Sr. Deputy Clerk