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M 11-02-87TOWN OF LOS GATOS CALIFORNIA TOWN COUNCIL/PARKING AUTHORITY AGENDA NOVEMBER 2, 1987 TOWN COUNCIL The Town Council/Parking Authority met in the Council Chambers of the Town Hall at 7:40 p.m., in regular session. ROLL CALL PRESENT:Joanne Benjamin, Eric D. Carlson, Thomas J. Ferrito, Robert L. Hamilton and Mayor Brent N.Ventura. ABSENT:None. PLEDGE OF ALLEGIANCE Given by all in attendance. PRESENTATION GARY WOLFINGER Mayor Ventura presented Gary Wolfinger, former Assistant Town Engineer, with a Resolution of Appreciation for this 18 years of service to the Town of Los Gatos in the Engineering Department. Mr. Wolfinger is now employed by the City of San Jose. COMMENDATIONS TO TOWN EMPLOYEES Mayor Ventura presented Resolutions of Commendation to the following employees for their years of service with the Town of Los Gatos: David Saso, Park Maintenance Worker, for 15 years of service Jean Krick, Library Assist. I, for 15 years of service. Aldo Giordano, Maintenance Supervisor of the Corporation yard, for 15 years of service. Barbara Karlan, Library Assist. II, for 20 years of service. Marilyn L. Dilles, Children's Librarian, for 20 years of service. Robert J. Bryant, Director of Parks, Forestry and Maintenance, for 20 years of service. Art Roy, Interim Police Chief, for 25 years of service. Rose E. Aldag, Town Clerk, for 30 years service. Mrs. Aldag also received the Key to the Town. Employees receiving commendations, but were not present to accept were: Roger L. McLean, Police Sergeant, for 25 years of service, John J. Jennings, Police Officer, for 15 years of service and Martin Oates, Police Officer for 25 years of service. COMMENDATION FOR M. WINTER Mayor Ventura presented a Resolution of Commendation and a Key to the Town of Los Gatos, to Michael P. Winter for earning his Eagle Scout Badge. Mr. Winter is member of Troop 330. AWARD TO TOWN BY UNITED WAY Mr. Jaffey, presented an award recognizing the Town of Los Gatos for the Celebration of the Centennial Anniversary of the Founding of the United Way movement and salutes the Towns dedicated support of the critical health & human care needs of the Senior Citizens. Mayor Ventura accepted the award on behalf of the Town. COMMENDATIONS YOUTH ADVISORY COMMISSIONERS Mayor Ventura presented resolutions of Commendation to the following members of the Youth advisory Commission who served as members of the Commission for 1986-87. Members attending and receiving commendations were: Heather Adams; Kindra Donald; Kirsten Fish; Tiffany Hackett; Fiona Y. Lin; Kevin M. Whyte; Karl S. Zilles; Mary Gillispie and Caitlin Schechter. Other members receiving Commendations but not present were: Bill adams; Michael J. Appelby; Rachel J. Baer; Indra N. Chatterjee; Lisa E. Coleman; Jon Dunno; Tim A. Dazmal; Robin L. Faber; Lezli Jensen; Lyn Starr and Shawn Tuttle. Mayor Ventura declared a recess. Meeting reconvened at 8:10 p.m. CLOSED SESSION REPORT Attorney Levinger reported that Council had met in Closed Session prior to the Council meeting and pursuant to Government Code Section 54956.9(a) discussion was held on cases of Farwell vs Town and Albert Johnson vs Town and there is nothing to report. BID AWARD PORTABLE RADIO EQUIPMENT POLICE DEPT. It was noted four bids were received ranging from low bid Bridge Radio Services in the amount of $19,305.08, to high bid by Motorola in the amount of $38,689.67. Mr. Carlson moved to accept staff recommendation and award the bid for portable radio equipment for the Police Department to Bridge Radio Services in the amount of $19,305.08, which includes tax. Mrs. Benjamin seconded. Carried unanimously. WRITTEN COMMUNICATIONS Mrs. Benjamin moved to refer the letter from Mrs. Wyant, regarding sewer at 329/331 University Avenue, to Town Manager for a report. Mr. Carlson seconded. Carried unanimously. SCHEDULE OF PUBLIC HEARINGS Information report for Council on forthcoming public hearings that have been scheduled. COUNTY REFERRALS Mrs. Benjamin moved to approve the following County referral: 141-34-51-788-87G-87B-87DR DiDuca Way Tavakolinori/Mehdizadeh Grading Single Building site Design review. Direct staff to forward a recommendation of approval with the following conditions: 1. Any trees which measure 35" or greater in circumference, 3'above ground, abe replaced at a three to one ratio with 15-gallon trees of same species. Alternative species be approve by Director of Parks, Forestry and Maintenance Services; 2. A two year maintenance contract abe established for protection of existing and newly planted trees; and 3. No grading or earth disturbing activities shall be initiated between October 1 to April 15. These limitations apply to driveways, building pads, foundation trenches and drilling,piers, retaining walls, swimming pools, tennis courts, outbuildings, and utility trenches. Mr. Carlson seconded. Carried unanimously. COUNCIL CALENDARS OF MEETINGS Council informational report. SCHEDULE OF COUNCIL MEETINGS Council informational report. PAYROLL & RELATED WARRANTS OCTOBER 23, 1987 Mrs. Benjamin moved for the approval of the October 23, 1987 payroll in the amount of $166,473.98 and payroll related warrants in the amount of $100,645.33. Mr. Carlson seconded. Carried unanimously. PLANNING COMMISSION/PLANNING DEPT. MONTHLY REPORT Council informational report EARTHQUAKE PREPAREDNESS PROJECT REPORT Council informational report. BLOSSOM HILL RD. RETAINING WALL PROJECT 8710 Mrs. Benjamin moved to authorize the Town Manager to sign an agreement retaining the firm of Creegan & D'Angelo for professional services in connection with Project 8710 (Blossom Hill Retaining Wall). Mr. Carlson seconded. Carried unanimously. The above was approved with the stipulation that staff contact Caltrans for potential funding participation. WHITNEY AVENUE AT STACIA STREET 2-WAY STOP It was consensus of Council to withdraw this item from the agenda and continue the item for 30 days to allow staff time for further review and report. BLOSSOM HILL RD. EASTERLY OF ROUTE 880 (HWY 17) BRIDGE & ROBERTS ROAD Council informational report. SHANNON ROAD AT WOLLIN WAY & HAPPY ACRES RD. Mrs. Benjamin moved to accept staff recommendation and direct the installation of eighteen Chevron Aligment signs (W81) at three various locations on Shannon Road. Mr. Carlson seconded. Carried unanimously. AGREEMENT - FOR XEROX COPY MACHINE REPLACEMENT Mrs. Benjamin moved for the adoption of Resolution No. 1987-184 entitled, RESOLUTION AUTHORIZING THE TOWN MANAGER TO NEGOTIATE AND EXECUTE A CONTRACT FOR THE ACQUISITION OF A XEROX 1065 COPIER. Mr. Carlson seconded. Carried unanimously. GUADALUPE COLLEGE AGREEMENT WITH BISSELL & KARN, UP-84-6 PLAN CHECK SERVICES Mrs. Benjamin move to authorize the Manager to sign an agreement with Bissell & Karn, Inc. for plan checking services in connection with Use Permit UP-84-6 approved by Council with adoption of Resolution 1986-165 on October 6, 1986. Mr. Carlson seconded. Carried unanimously. AGREEMENT FOR COMMUNITY DEV. BLOCK GRANT PROGRAM 1988-90 Mrs. Benjamin moved for the adoption of Resolution No. 1987-185 entitled, RESOLUTION AUTHORIZING THE TOWN MANAGER TO ENTER INTO A JOINT EXERCISE OF POWERS AGREEMENT AND COOPERATION AGREEMENT TO UNDERTAKE OR TO ASSIST IN THE UNDERTAKING OF ESSENTIAL ACTIVITIES PURSUANT TO TITLE I OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974, AS AMENDED FOR FISCAL YEARS 1988-1990. Mr. Carlson seconded. Carried unanimously. ANNUAL CHILDREN CHRISTMAS PARADE Mrs. Benjamin moved to approve the request of the Los Gatos Chamber of Commerce and the Los Gatos Lions Club to hold the 31st Annual Children's Christmas Parade on Saturday, December 5, 1987 with the following conditions: 1. Applicants be required to coordinate with the Parks, Forestry and Maintenance Services Dept. for the use of the Town Plaza and Civic Center to ensure public safety, facility cleanliness and protection of landscaped areas. 2. Applicants be required to coordinate with the Police Dept. all parade activities involving the use of public streets. 3. Selling of merchandise at the Town Plaza and Civic Center be limited to local non- profit vendors. Booth locations to be coordinated by the Los Gatos Chamber of Commerce. 4. The Chamber provide the Town with special event insurance coverage in the amount of one million dollars ($1,000,000) naming the Town as an additional insured. Additionally, the applicant to sign a hold harmless agreement. Mr. Carlson seconded. Carried unanimously. REPRESENTATIVE ROUTE 85 AESTHETIC REVIEW COMMITTEE Mrs. Benjamin moved to appoint Mayor Brent N. Ventura as Council representative to Route 85 Aesthetic Review Committee, with Town Engineer Ron Zapf, as alternate. Mr. Carlson seconded. Carried unanimously. HANDICAP PARKING - 334 TAIT AVE. This item was held over to meeting of December 7, 1987 MANAGEMENT COMPENSATION 87-88 & 88-89 Mrs. Benjamin moved for the adoption of Resolution No. 1987-186 entitled RESOLUTION APPROVING MANAGEMENT PERFORMANCE AND COMPENSATION PLAN FOR THE TOWN OF LOS GATOS (FY 1987-88) (FY 1988- 89). Mr. Carlson seconded. Carried unanimously. APPEAL - 234 LOS GATOS BLVD. JOHN L. SCOTT Mrs/ Benjamin moved for the adoption of Resolution No. 1987-187 entitled, RESOLUTION GRANTING APPEAL OF PLANNING COMMISSION APPROVAL WITH CONDITIONS FOR EXTERIOR MODIFICATION OF AN EXISTING OFFICE BUILDING AND ABANDONMENT OF EXCESS RIGHT-OF-WAY ACROSS THE FRONTAGE OF THE PROPERTY IN THE "O" ZONE (234 LOS GATOS BOULEVARD - JOHN L. SCOTT) Mr. Carlson seconded. Carried by vote of three ayes. Mrs. Benjamin and Mr. Hamilton voting no. LOS GATOS BLVD. IMPROVEMENTS PROJECT 8608 Mrs. Benjamin moved for the adoption of Resolution No. 1987-188 entitled, RESOLUTION APPROVING AMENDMENT NO. 2, TO THE AGREEMENT WITH RUTH AND GOING, INC., and Mayor be authorized to execute said Amendment #2 to the agreement in name and in behalf of the Town of Los Gatos. Mr. Carlson seconded. Carried by vote of three ayes. Mr. Ferrito and Mr. Ventura voting no. RECYCLING COLLECTION FACILITIES Mrs. Benjamin moved for the adoption of Ordinance No. 1737 entitled, AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONING ORDINANCE WITH REGARD TO RECYCLING COLLECTION FACILITIES AND REVERSE VENDING MACHINE. Mr. Carlson seconded. Carried unanimously. ZONING ORDINANCE AMENDMENT RE HOSPITAL SIGNS Mrs.Benjamin moved for the adoption of Ordinance No.1738 entitled, AN ORDINANCE OF THE TOWN OF LOS GATOS TO CORRECT ORDINANCE NO. 1731 WHICH AMENDED THE ZONING ORDINANCE CONCERNING THE SIZE, NUMBER, LOCATION AND ADMINISTRATIVE PROCESSING OF SIGNS FOR HOSPITALS. Mr. Carlson seconded. Carried unanimously. HARDING AVENUE TRAFFIC CONTROL DEVICES Mayor Ventura stated this was the time and place duly noted for continued public hearing to consider installation of traffic control measures and safety improvements on Harding Avenue between Los Gatos Boulevard and Vista del Campo. Staff has requested continuance of this item. Mr. Ferrito moved to continue this item to December 7, 1987. Mrs. Benjamin seconded. Carried unanimously. POLICIES & REGULATIONS ON TRAFFIC IMPACTS Mayor Ventura stated this was the time and place duly noted for continued public hearing to consider Planning Commission's recommendation of amendments to Town Policies and Regulations re traffic impacts in General Plan Amendment GP-87-8; Downtown Specific Plan GP-87-9 and Zoning Ordinance A-87-11. Speaking on the issue were Nick Vojvodich, Principal of Fair Oaks Assoc.; George Tobin and Steve Rice. Mr. Bowman, Planning Director, answered questions of Council. There being no one else wishing to speak on this issue, Mrs. Benjamin moved to closed the public hearing. Mr. Hamilton seconded. Carried unanimously. Mrs. Benjamin stated she feels vacant lots downtown in the C-2 Zone should be developed and not left vacant. Mr. Ferrito feels the downtown lots can be developed under certain conditions. Mr. Ferrito disagrees with Mr. Vojvodich that this is hard to understand. It is easy to understand and thinks staff did what was directed. He feels tinkering with the Zoning Ordinance eery time a unique problem comes up is not a good way to set policy. Mr. Ferrito urges Council to think about setting a general policy and go from there. Mr. Carlson disagrees with Mr. Ferrito. He feels the Town has a policy for vacant parcels that calls out what happens in a case of traffic impact in development. Any development will cause a traffic impact and one trip at a critical intersection is cause for rejection of the project. The Planning Commission is following the rules. Mayor Ventura feels Council is confusing the goals. He wants to see projects proceed on the identified vacant parcels. He feels Council needs to identify them specifically or as C-2 parcels that are substantially undeveloped and indicate they can proceed to develop so long as they don't exceed. 6 or the prior traffic generation from the prior use of the parcel. The argument of vacant and approved parcels will become a lot easier to deal with. Mr. Carlson stated that if an occupied building burns down, according to policy on the books today, can build back to 60% or their prior use whichever is less. Mr. Carlson feels the definition of a vacant parcel should be changed. Mr. Carlson moved to refer this back to staff for definition of vacant parcels. Mr. Hamilton seconded. Carried unanimously. Mayor Ventura requested a subcommittee sit down with staff and return with two proposals. Mr. Carlson and Mr. Ferrito appointed to the subcommittee. Council discussed the Traffic impacts report as presented by the Town Manager. It was consensus of Council to concurred with previous action and new buildings be limited to FAR .6 . Discussion was held re motion 2 in the traffic impacts report and Mr. Carlson moved to defer action on this matter and refer back to staff for consultation with Council members re amount of credit to be given to existing Building and definition of vacant property. Mr. Hamilton seconded. Carried unanimously. Mrs. Benjamin moved to change the wording in Exhibit 6 (b) to add "the following items would be "minimized" not denied. No vote taken on the motion. Mr. Hamilton moved to change wording in Exhibit 6 (b) changing the word "complies" to "considers" Motion dies for lack of second. There was further discussion on corridor lots and no action was taken at this time. Mr. Carlson moved to change wording in Exhibit 6 (b) 3 to read "would result in the removal of a minimal reduction in the amount of existing vegetation". Mayor Ventura seconded. Carried by a vote of four ayes. Mrs. Benjamin voting no. It was noted public hearing had been closed. Mr. Carlson moved to continue this to December 7, 1987. APPEAL- 100 N. SANTA CRUZ AVE. (ZUCCONI) Mayor Ventura stated this was the time and place duly noted to consider appeal of Planning Commission's decision on denial of request for approval of one-year time extension for construction of a commercial building in the C-2 Zone. Property located at 100 N. Santa Cruz Avenue. Property owned by Doris & Gary Zucconi. Mrs. Benjamin moved to continue this to January 4, 1988 as Council has not made a final determination on the traffic policy. Mr. Ferrito seconded. Carried unanimously. RECESS Mayor Ventura declared a recess. Meeting reconvened at 10:00 P.M. APPEAL - 16000 MARCHMONT DRIVE HILLBROOK SCHOOL Mayor Ventura stated this was the time and place duly noted to consider the appeal of Planning Commission's approval of plans for the construction of multi-purpose building (Gymnasium/classrooms) on property in the HR-1 Zone, U-80-10B & S-80-23B. Property located at 16000 Marchmont Drive. Property owner, Hillbrook School, Appellants, Jeffrey A. Barnett; Diane E. Hembry and Hugh Thomson. Speaking on the appeal were Mr. Barnett and Hugh Thomson. Mrs. Hembry was unable to attend but sent a letter for the Clerk to read. Mrs. Benjamin stated due to her being a member of the Board of Trustees, she would not participate in the voting or discussion of this appeal. Robert Clements, Headmaster of the School, spoke on the need for the multi- purpose building. Speaking on the appeal were Elaine McKim; Clyde Laird; Nancy Durham; Joanne Walsh; D. Erickson; Lucille Santer; Pat Michaels; Barry Bothin; Attorney McMahon; Jim Ring; Steve Arnold and Robert Durham. Discussion was held regarding noise that would occur from events being held and the possibility of locating the building at a different site, which would eliminate some of the noise if the building was located further from residence in the area. Steve Arnold spoke on different sites and various amounts of grading that was needed on 5 sites in question. After further discussion and there being no one else wishing to speak on this issue, Mr. Hamilton moved to close the public hearing. Mr. Carlson seconded. Carried by four ayes. Mrs. Benjamin abstained. Further discussion was held as to parking. Mr. Carlson moved to send this back to Planning Commission to review the parking situation and proposed use. Consider all possible noise and visual impact and mitigation measures that are possible. Planning Commission to also consider alternate sites. Mr. Ferrito seconded. Carried by vote of three ayes. Mr. Hamilton voting no and Mrs. Benjamin abstained. Mayor Ventura stated for the record he is in support of the gymnasium as it is necessary for the campus and requested that Council add to the motion that this referral to Planning Commission be given high priority. This was accepted as part of the motion. Mrs. Benjamin returned to her chair. APPEAL- 104 UNIVERSITY AVE. (GORK) Mayor Ventura stated this was the time and place duly noted to reconsider the decision of Council in denying the appeal from Planning Commission denial of request for approval of plans to convert additional residential space to commercial retail or office area on property located in the C-2 Zone. Property located at 104 University Avenue. Speaking on the appeal was Bert Millen, 115 Griffith Place. Mr. Millen asked that Council reverse Planning Commissions denial. Planning Director Bowman stated the conversion was illegally converted to commercial and there is not adequate parking to support the use. After further discussion and no one else from the audience wishing to speak on this issue, Mr. Ferrito moved to close the public hearing. Mrs. Benjamin seconded. Carried unanimously. Mr. Ferrito moved to deny the appeal. Mrs. Benjamin seconded. Carried unanimously. The Town attorney to prepare appropriate Resolution and present for Council consideration at the next regular meeting. APPEAL - 17121 LOS ROBLES WAY Mayor Ventura stated due to possible conflict of interest he would be abstaining on this issue and stepped down from his chair turning the gavel over to Vice-Mayor Carlson. Vice-Mayor Carlson stated this was the time and place duly published for public hearing to consider appeal of Planning Commission's approval of plans for the construction of a single family residence in the R-1:20,000 Zone, S-87-38. Property located at 17121 Los Robles Way. Property owner, Richard N. Salice and Appellant, Beverly Hays. Beverly Hays, Appellant stated she had no objections to Mr. Salice Building on his property provided that the right of way bordering the Salice property does not encroach on her property and she feels this was done when Mr. Salice paved the right-of-way. Also speaking was Nicholas Van Kort who was opposed to any such encroachment onto Ms. Hays property. Mr. Salice spoke of his willingness to pave a portion of the right of way which would help the turn around system but would be unable to do as much as Ms. Hays was asking due to further grading that would be needed. After further discussion and there being no one else wishing to speak on this issue, Mr. Ferrito moved the public hearing be closed. Mr. Hamilton seconded. Carried by a vote of four ayes. Mayor Ventura abstained. Town Engineer Zapf answered questions of Council regarding the right-of-way. After further discussion, Mr. Hamilton moved to uphold the Planning Commission's decision of approving plans for the construction of a single family residence at 17121 Los Robles Way. Further discussion was held and Mr. Hamilton withdrew his motion. Mr. Ferrito then moved to modify the Planning Commission's decision and add an additional condition that Mr. Salice be required to do further paving and this be done to the satisfaction of the Town Engineer. Planning Commission did not have all the facts to allow project to proceed. Mr. Hamilton seconded. Carried by vote of four ayes. Mayor Ventura abstained. Town Attorney to prepare the appropriate Resolution and present for Council consideration at the next meeting. Mayor Ventura returned to the podium and chaired the balance of the meeting. APPEAL - GP-87-3 MILES AVE. (H. EUGENE SMITH) Mayor Ventura stated this was the time and place duly noted for continued public hearing to consider appeal of Planning Commission's denial of General Plan Amendment GP-87-3, an amendment to the General Plan and Downtown Specific Plan, concerning the use of property, located on the west side of Miles Avenue, adjacent to and north of the Town Corporation Yard from Medium Density Residential to Service Commercial (H. Eugene Smith, Owner). It was noted a letter was received from Mr. Gaines requesting this item be continued. Mr. Carlson moved this item be continued to January 4, 988. Mayor Ventura seconded. Carried unanimously. APPEAL - 828 LILAC WAY - TREE REMOVAL Mayor Ventura stated this was the time and place duly noted for public hearing to consider the appeal of Planning commission's decision to deny a tree removal request in the R-1:8000 zone. Property located at 828 Lilac Way, Property owners: Steven and Karen Franza. Mr. Carlson moved to continue this item to December 21, 1987. Mr. Hamilton seconded. Carried unanimously. ACUPRESSURE PRACTICE Letter from Carol Montgomery was received requesting the Town Council include the practice of a certified acupressurist as acceptable under Section 2.00.428(a) of the Zoning Ordinance. Ms. Montgomery spoke on the request. Mayor Ventura spoke on problems Council has had previously and reason for not allowing massage parlors, etc. from doing business in Los Gatos. He stated the Town has tried to tie Town standards to the State of California standards. If the State regulates the field or issues licenses, then the Town will allow those types of health care professions to do business in Town. If the State doesn't regulate the field then the Town does not allow said businesses. Discussion was held on the Certification Ms. Montgomery has from the state Board of Education for Acupressure Therapy Health Care. Mr. Bowman stated this is a Certification from the Board of Education but is not the State standards. Council discussed the necessity to have credentials and license through the State for therapeutic services and Town has set standards that anything of this sort must be associated with a Doctor, Medial Offices or Chiropractor and advised Ms. Montgomery the need to get State recognition. Mr. Hamilton moved to send this back to staff for further review and report. Mr. Carlson seconded. Carried unanimously. APPEAL RE 160 HAPPY ACRES ROAD Mr. Elliott spoke of his concerns re conditions set forth re erosion control measures that must be completed by November 13, 1987. Town Engine Zapf answered questions of Mr. Elliott and Council. Discussion was held as to the insertion of figures for items of completion required by the Town. After further discussion Mr. Ferrito moved for the adoption of Resolution No. 1987-189 entitled, RESOLUTION GRANTING APPEAL FROM DECISION OF BUILDING OFFICIAL DENYING OCCUPANCY APPROVAL - GRANTING TEMPORARY CERTIFICATE OF OCCUPANCY WITH CONDITIONS (160 HAPPY ACRES - J.W. ELLIOT). Mrs. Benjamin seconded. Carried unanimously. WORKSHOP SESSION It was consensus of Council to approve the Workshop Session with Council and staff on November 20, 1987 to discuss purchase of open space; review staff proposal for acquisition of a phone system; and temporary occupancy permits. CONTINUED AGENDA ITEMS Due to lateness of the hour, it was consensus of Council to continue below listed agenda items to November 16, 1987 meeting. Appeal - 235 Saratoga Avenue (A. Julius) Appeal - 14901 National Avenue. Amendment to Town Code re Certificate of Compliance. Approval of October 19, 1987 minutes and October 26, 1987. Treasurer's report for September, 1987. Vasona/Highway 17 Corridor Phase 1 - Alternative Analysis. Referral re Automobile sales regulations. Wildlife, Coastal & Park Initiative Support. ADJOURNMENT Mr. Hamilton moved to adjourn the meeting at 2:15 a.m. on Tuesday, November 3, 1987. Mr. Carlson seconded. Carried unanimously. ATTEST: Rose E. Aldag Town Clerk