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M 04-04-88TOWN OF LOS GATOS CALIFORNIA TOWN COUNCIL/PARKING AUTHORITY AGENDA APRIL 4, 1988 TOWN COUNCIL The Town Council/Parking Authority met in the Council Chambers of the Town Hall at 8:00 p.m., in regular session. ROLL CALL PRESENT: Thomas J.Ferrito, Robert L. Hamilton, Brent N. Ventura and Vice- Mayor Joanne Benjamin. ABSENT:Mayor Eric D. Carlson. PLEDGE OF ALLEGIANCE Given by all in attendance. APPOINTMENTS TO PARK COMMISSION Vice-Mayor Benjamin stated interviews for the two vacancies on the Park Commission had been held prior to the Council meeting and applicants were Alan Orr; Pamela B. McKell; Susan C. Huntley and Emma Vargo. (Susan Huntley was not present for interviews). Vice Mayor Benjamin stated that all applicants were qualified and all would be nominated. Voting was held nd receiving the majority of votes were Emma Vargo and Pamela B. McKell. They were appointed to the Park Commission for a four year term. EMPLOYEE COMMENDATIONS Vice-Mayor Benjamin presented the following employees with Resolutions of Commendation for their years of employment with the Town of Los Gatos; Don Marceau for 15 years of service; Archie Watson for 15 years of service and Al Terra for 25 years of service. Also receiving commendations but not present to receive the commendation was Renee Rourke for 15 years of service and Lee Dal Canto for 20 years of service. CLOSED SESSION REPORT Attorney Levinger reported that Council had met in Closed Session prior to tonight's Council meeting and pursuant to Government Code Section 54956.9(a) discussed the case of Town v VMS and Council agreed to settle that matter by stipulated judgement. This is also related to item 26 on tonight's Council agenda. Council discussed the case of Town v Pat Sharit and there is no report at this time on that discussion. Council met pursuant to Government Code Section 54956.9(c) to discuss institution of litigation re Heating, Ventilation and Air/Conditioning. Council authorized litigation re workers Compensation Collection matter. Three cases involving recovery of workers compensation paid to Police Officer Ian Jack. Council authorized outside Counsel to go forward with the collection. The other matter discussed was the zoning violations for illegal units and Council authorized outside Counsel for enforcement action at 161 Central Avenue and enforcement action at 42 Central Avenue was not discussed. SCHEDULE OF PUBLIC HEARINGS Information for Council on public hearing scheduled for future Council meeting. COUNCIL MEETING CALENDAR Information for Council. PAYROLL OF MARCH 25, 1988 Mr. Hamilton moved to accept staff recommendation and approve the March 25th payroll in the amount of $173,021.81 and payroll related warrants in the amount of $123,473.98. Mr. Ventura seconded. Carried by vote of four ayes. Mayor Carlson was absent. NOTICE OF COMPLETIONS TRACT 7992 & 497 N. SANTA CRUZ AVE. Mr. Hamilton moved Council approve Notice of Completion and Certificates of Acceptance for the following: Tract 7992 - Alerche Drive. 497 N. Santa Cruz Avenue - Security Pacific Bank. Mr. Ventura seconded. Carried by vote of four ayes. Mayor Carlson was absent. PLANNING MONTHLY REPORT Information for Council COUNTY REFERRALS Mr. Hamilton moved to accept staff recommendation on the following: 2020-30-38-83P-83A-88P Summit Road L.D.S Church/Johnson No comment. Mr. Ventura seconded. Carried by vote of four ayes. Mayor Carlson was absent. VISTA DEL MONTE TRAFFIC CONTROL Information report for Council re the installation of traffic control devices on Vista del Monte. Mr. Ferrito spoke of his concerns as to whether staff will be contacting people in this area about their desire for the signs & the striping. Staff to report back to Council on this before the installation. MR. SWEENEY REQUEST FOR APPEAL 22 S. SANTA CRUZ Mr. Hamilton moved to accept staff recommendation and request for appeal hearing be denied. Applicant be referred to Planning Commission for consideration of extension of Architecture and Site approval S-86-25. Council approve waiver of application fee for extension of Architecture and Site Approval S-86-25. Mr.Ventura seconded. Carried by a vote of four ayes. Mayor Carlson was absent. REMANDED APPEAL SYLVESTER Informational report for Council regarding Planning Commission action on request for approval of revised plans for the addition of a 2 story garage structure and reduction of required side yard setback and width of garage in the R-1D-LHP zone. FAMILY DAY CARE LICENSING Mr. Hamilton moved to conceptually approve the report summarizing requirements for provision of family day care providers, which includes licensing. Mr. Ventura seconded. Carried by vote of four ayes. Mayor Carlson was absent. CAT'S HILL BICYCLE RACE Mr. Hamilton moved to approve the request of the Los Gatos Bicycle Racing Club to hold the fourteenth annual Cat's Hill Bicycle Race on Saturday, April 30, 1988, subject to conditions as follows. 1. Fifty percent of anticipated Town Costs to be deposited with the Town Clerk at least one week in advance of the race. Balance payable upon billing by the Town. 2. All portable restrooms and privately owned barricades be removed from the race course immediately following conclusion of the race. 3. Trash containers be provided and race course be cleared of all trash at conclusion of the event. 4. Twice prior to the event a flyer be distributed to all residents along and within the race course advising of the event. The second flyer to be delivered the day before race date and will include a warning that all cars along the race course be moved prior to the event. 5. A list of names and telephone numbers of contract persons for this event to be provided to the Police Department. 6. A restraining barrier be provided at Bachman and Tait, the start/finish line, and those popular areas of the course heavily attended, to keep spectators out of the street. 7. No race participants on the course prior to 11:30 a.m. street closure. 8. A minimum of six (6) Police Officers assigned for crowd and traffic control. 9. Coordinating with the Public Works Department for sweeping of the race course. 10. The location of all vendors shall be coordinated with the Police Department. All vendors shall be located away from residences. Vendors shall contact the Health Department for necessary approval and permits. 11. All Town incurred costs to be paid by the Los Gatos Bicycle Racing Club. 12. Applicant to provide one million dollar ($1,000,000) special event insurance naming the Town as an additional insured, and sign a Town hold harmless agreement prior to the event. Mr. Ventura seconded. Carried by vote of four ayes. Mayor Carlson was absent. COMMUNITY SERVICES COMMISSIONER RESIGNATION Vice-Mayor Benjamin announced the letter of resignation from Carolyn Moniz, a member of the Los Gatos Community Services Commission, had been received. Mr.Hamilton moved to accept the letter of resignation with regret and adopt Resolution No. 1988-61 entitled, A RESOLUTION OF THE TOWN OF LOS GATOS COMMENDING CAROLYN MONIZ OF THE COMMUNITY SERVICES COMMISSION. Clerk be directed to advertise for the vacancy. Mr. Ventura seconded. Carried by vote of four ayes. Mayor Carlson was absent. ABAG PLAN SETTLEMENT OF CLAIMS Informational report for Council on the settlement of claims during the month of January through March, 1988. B 2802 CABLE TV FRANCHISE FEES Mr. Hamilton moved for the adoption of Resolution No. 1988-62 entitled, RESOLUTION OF THE TOWN OF LOS GATOS OPPOSING THE ENACTMENT OF ASSEMBLY BILL 2802 (CABLE TELEVISION FRANCHISE FEES) Mr. Ventura seconded. Carried by vote of four ayes. Mayor Carlson was absent. Mr. Ferrito requested that a copy of the Resolution be sent to Supervisor Gary Patton, who instigated the inquiry. VERBAL COMMUNICATIONS People from the audience were invited to speak re anything not on the agenda. It was noted there is a five minute time limit for speakers. Catherine Smith, member of the Planning Commission, stated she and other member of the Planning Commission are here tonight to ask Council to reconsider their decision and the action taken on March 21, 1988 regarding 300 Blossom Hill Road, as the project does not significantly meet any of the housing elements of the general plan. Other members of the Planning Commission speaking and requesting Council to reconsider their decision were: Kathryn Morgan, John Uhl, John Lien, Sam Laub and Susan Grimes. Also speaking on this issue was Fred DeKloss, 16158 Bachman Avenue, representative of developers of 300 Blossom Hill Road and Jim Ellmore, of Higgins & Root Ellmore Titus Architects. Discussion was held as to whether to continue this matter until there is a full Council. Mr. Ventura moved to reconsider Council decision. Mrs. Benjamin seconded. Motion fails on two to two vote. Mayor Carlson was absent. APPEAL DIMITROPOULUS 644 UNIVERSITY Vice-Mayor Benjamin stated this was the time and place duly noted for continued public hearing to consider the appeal of the Planning Commission's denial of request for approval to construct and operate an auto repair facility on property in the LM zone. Property located at 644 University Avenue and owned by Angelo & Adel Dimitropoulus. Mr. Dimitropoulus stated that basically the project has not changed and would have gone forward but for some lack of communication, along with the complications that arose around obtaining the off-site improvement bonds. So he asked for an extension to get building permits to allow him to build the repair facility and feels this would not generate any more traffic than there is now. No one else wishing to speak on this issue, Mr. Ventura moved to close the public hearing. Mr. Ferrito seconded. Carried by vote of four ayes. Mayor Carlson was absent. Mr. Ferrito moved to uphold the Planning Commission's decision and deny the appeal. Mr.Ventura seconded. Motion fails on two to two vote. Mayor Carlson was absent. Vice-Mayor Benjamin stated the reason for her no vote was because this was before and the minutes reflects that Mayor Carlson stated he was sending this back to the Planning Commission and ask them to consider whether they could support the use with restrictions that the traffic generations could come out to be less or equal to what is currently going on" and "the intention of the motion for this kind of business is something we want and to find a way to work for meeting the locally serving people." Mr. Ferrito referred to changes in rules since this was approved previously. After further discussion Mr. Ventura moved to continue this to next meeting when there would be a full Council. Mr. Ferrito seconded. Carried by a vote of four ayes. Mayor Carlson was absent. Continued to April 18, 1988. APPEAL 761 UNIVERSITY AVE. PUBLIC STORAGE Vice-Mayor Benjamin stated this was the time and place duly published for public hearing to consider the request of approval of plans for the construction of a mini- warehouse storage facility and for permission to have a single family residence for use by a resident manager on property in the LM zone. Property located at 761 University Avenue and owned by Jon P. Anderson. Appellant John Knott, Public Storage, Inc. Mr. Ventura stated he would not be participating in voting on this item due to possible conflict of interest and stepped down from his chair. Due to lack of full Council, Vice- Mayor questioned as to whether the appellant wished to have this item continued. Discussion was held between appellant and owner. It was decided to have this continued, since some of the people who were here to speak to this issue left during the conference between appellant and owner. So to be fair to all the hearing should be continued to allow those people their say at a later date. Mr. Hamilton made motion to continue this until May 2, 1988. Mr. Ferrito seconded. Carried by vote of three ayes. Mr. Ventura abstained and Mayor Carlson was absent. It was noted for the record that Mr. Ciesinski, 17390 Pleasant View Drive was against the project. APPEAL OF BUILDING REQUIREMENTS FOR SECONDARY UNIT 39 RESERVOIR RD. Vice-Mayor Benjamin stated this was the time and place duly published for public hearing on the appeal of the Town of Los Gatos Building Official's decision concerning code correction required for approval of a secondary dwelling unit at 39 Reservoir Road. Appellant Nancy Baxter. Speaking on the issue was Nancy Baxter, stating that she was not told that a foundation was required when she was upgrading the property and now the Building Official has informed her of the need to meet Health and Safety rules. There was discussion on the issue and Building Official Archie Watson answered questions of Council. There being no one else from the audience wishing to speak on this issue, Mr. Ferrito moved to close the public hearing. Mr. Ventura seconded. Carried by vote of four ayes. Mayor Carlson was absent. After further discussion, Mr. Ventura moved to deny the appeal, due to testimony of Building Official and inspectors that the secondary unit is unsafe, as it currently exists, and needs a foundation to be made into a safe and habitable dwelling. Mr. Ferrito seconded. Carried by vote of three ayes. Mr. Hamilton voted no and Mayor Carlson was absent. Town Attorney to prepare appropriate Resolution and present for Council consideration at the next Council meeting. RECESS Vice-Mayor Benjamin declared a five minute recess. Meeting reconvened at 10:20 P.M. APPEAL - COOK 17400 PHILLIPS ROAD Vice-Mayor Benjamin stated this was the time and place duly published for public hearing to consider the appeal of Planning Commission's denial of a request for approval of plans to subdivide a 9.3 acre parcel to create two lots on property in the HR- 2 1/2 zone. Property located at 17400 Phillips Road. Speaking on the project was owner Jack Cook. He stated that he has complied with all Town Ordinances. At the time this was heard at Planning Commission level, Commissioner Uhl had stated he was opposed to any subdivision application in hillside area due to long term traffic impacts and cumulative effects of similar lot splits. Mr. Cook feels his application was not judged on its merits. Mr. Cook feels Planning erred in not granting this lot split as they did not follow resolution No. 1988-5 which is the Town Policy regulating residential development with unmitigated traffic impacts. Commission Uhl spoke on Planning's denial, stating it was due to slope of property and upholding the traffic policy. Also speaking on the issue was A. Gherardi, Dan Simons, S. Rice and Brad Honholt. After further discussion Mr. Ventura moved hearing be closed. Mr.Ferrito seconded. Carried by a vote of four ayes. Mayor Carlson was absent. Mr. Ventura moved to send this project back to Planning Commission and DRC for review of open space dedication requirements as Council cannot legally approve this project until that has been accomplished. He would also like a higher attendance of Planning Commissioners when this is before them the next time. Mr. Ferrito seconded with direction that Planning Commission deal with this issue on appeal. Motion fails, Mr. Hamilton and Vice-Mayor Benjamin voting no. Mayor Carlson was absent. Mr. Hamilton moved to find that Planning Commission erred in misinterpreting the Town's Traffic Policy, in as much that we have stated that we would allow one additional traffic count. Vice-Mayor Benjamin seconded with amendment that this fits our traffic policy, hillside zoning policy and subdivision ordinances and as far as open space in that area, unsure if that is desirable. After further discussion re Open Space requirement Mr. Hamilton withdrew his motion. Vice-Mayor Benjamin then moved to continued this until May 2, 1988. Mr. Hamilton seconded. Motion fails on two to two vote. Mr. Ferrito and Mr. Ventura voting no. Mayor Carlson was absent. Mr. Ventura moved to send this back to DRC for consideration of Open Space dedication requirement and back to Planning Commission for analysis of existing terrain, on site, to see if it is suitable for further development. Mr. Ferrito seconded. Motion fails on two to two vote. Mr. Hamilton and Vice-Mayor Benjamin voting no. Mayor Carlson was absent. Attorney Levinger stated review of the Open Space requirement should be done by Planning Commission as part of the review process. This is pursuant to Government Code Section 51804 and 51085. Vice-Mayor Benjamin moved to send this back to DRC and the Planning Commission to look at the issue of Open Space easement as Planning Commission erred in interpreting the Traffic Policy as this project does fit our Policy and the Council could not come to agreement on whether there were grounds for denial or approval of the appeal. Mr. Hamilton seconded. No vote was taken on the motion. Mr. Hamilton then moved to continued this to May 16, 1988 to allow for full Council attendance. Vice-Mayor Benjamin seconded. Carried by vote of four ayes. Mayor Carlson was absent. MINUTES Approval of minutes of March 7, March 14 and March 21, 1988 were continued to April 18, 1988. TREASURER'S FEBRUARY REPORT Vice-Mayor Benjamin stated that Council had received the Treasurer's monthly report for February, 1988. PARKING CITATION CONTRACT Manager Swartfager stated that there is a minor amendment to staff report and that is the total amount due from Computil is reduced by $400.00 dollars and that will be recovered from VMS. Mr. Hamilton spoke on loss of monies to the Town. Town Manager and Town Attorney spoke on the issue and answered questions of Council. After further discussion Mr. Ventura moved for adoption of Resolution No. 1988-63 entitled, RESOLUTION AUTHORIZING TOWN MANAGER TO EXECUTE CONSENT TO ASSIGNMENT AND MODIFICATIONS OF AGREEMENT FOR PROCESSING PARKING CITATION AND RELATED DOCUMENTS. Vice-Mayor Benjamin seconded. Carried by vote of 3 ayes. Mayor Carlson was absent. Mr. Ferrito voted no and wished the record to reflect that he voted no, only because he believes there should be joint and several liability on the part of the principals of VMS. INFORMATION SYSTEMS PLAN PERSONAL COMPUTER & EQUIPMENT Staff answered question of Councilmembers and after further discussion Mr. Hamilton moved to approve the concept and direction identified in the Information Systems Plan Report; make the finding according to Section 23-6(c) of the Town Code that because of the wide range of personal computers, related products and equipment available on the market it would be more advantageous to the Town to purchase by negotiated bid; and authorize staff to issue a request for proposal to acquire PCs, laser printers, word processing software. The final acquisition will be subject to Council approval upon analysis of the request for proposals. Mr. Ventura seconded. Carried by vote of three ayes. Vice-Mayor Benjamin abstained and Mayor Carlson was absent. SECONDARY DWELLING UNIT APPLICATIONS It was consensus of Council to continue this agenda item to April 18, 1988. TRANSPORTATION 2000 PHASE S111 Mr. Ventura moved to approve land use concepts contained in the Transportation 2000 Phase 111 Summary report and Supervisor McKenna's letter, including the comments contained in this report and direct Town Engineer to forward the Town's comments to Transportation 2000 project staff and Dianne McKenna's office. Mr. Ventura stated it is important to note in letter our opposition to the additions of new lanes south of Lark on Highway 17 that Town has been advocating these items 2,3,4,& 5 and items that address Dianne McKenna's letter since first we discussed Route 85 in 1985. The Town has been trying to focus some of these issues re the 85 Corridor with our Land Use Sub-Committee, but have had difficulty progressing due to lack of participation by the City of San Jose. Mr. Hamilton seconded. Carried by vote of four ayes. Mayor Carlson was absent. BIENNIAL INSPECTION OF BRIDGES Mr. Ventura moved that Council direct staff to issue a request for proposals from structural engineering consultants to: 1. Resurvey the Town's bridges to verify the State's preliminary information. 2. Prepare a preliminary analysis of each bridge; and 3. Prepare a cost estimate for seismic retrofits. Mr. Hamilton seconded. Carried by vote of four ayes. Mayor Carlson was absent. LOS GATOS CREEK BICYCLE PATH Mr. Ventura moved to authorize staff to start preliminary contact with Caltrans re their deeding the property to Los Gatos or whether Town could get a Hold Harmless agreement with Caltrans. Authorize the Mayor to write letter complaining of our difficulties in resolving the situation. This be sent to every State Legislator. Mr. Hamilton seconded. Carried by vote of four ayes. Mayor Carlson was absent. VASONA/HIGHWAY 17 PHASE 1 ALTERNATE ANALYSIS Discussion was held on Vasona Highway 17 Phase 1 alternative analysis and it was consensus of Council to arrange for meeting with our County Supervisor and have Town staff prepare an RFP for Consultants on this particular project and bring this back at a future Council meeting. WAIVER OF FILING FEES FOR A & S COAST TO COAST Discussion was held on the present structure of fees. After more discussion Mr. Hamilton moved to accept staff recommendation and retain present fee structure for Architecture and Site Application. Pursue an alternative fee structure, and direct staff to return in 60 days with proposal. Mr. Ventura seconded. Carried by vote of four ayes. Mayor Carlson was absent. MEETING CONTINUED Mr. Hamilton moved to continue the meeting past midnight. Mr. Ventura seconded. Carried by vote of three ayes. Vice-Mayor Benjamin voting no. ROUTE 85 NEIGHBORHOOD MEETINGS Mr. Ventura moved to approve revised schedule; authorize staff to notify community by advertising in local newspapers and mailing notices to property owners directly affected by construction in accordance with procedures utilized for Planning Commission hearings. Mr. Ferrito seconded. Carried by vote of four ayes. Mayor Carlson was absent. LETTER TO SENATOR & ASSEMBLYMAN RE ROUTE 85 Will Kempton, with Santa Clara County Traffic Authorities, spoke on the need for purchase of right-of-way property for Route 85. Vice-Mayor Benjamin stated, "the Traffic Authorities have been acquiring property all along now, why all of a sudden do you need special legislation in order to continue to acquire properties". Mr. Kempton explained the procedure. Mr. Ferrito asked for a written legal opinion which Mr. Kempton stated he did not have. After further discussion, Mr. Ferrito moved staff be authorized to send modified letter to Senator Morgan and Assemblyman Quackenbush regarding Route 85. Mr. Ventura seconded. Carried by vote of four ayes. Mayor Carlson was absent. RESALE OF BMP UNITS Mr. Ferrito moved to accept staff recommendation and reimbursement of advertising costs incurred by the owners through the resale of their Below Market Price Unit; and reimbursement of appraisal fee for resale of BMP unit. Mr. Ventura seconded. Carried by vote of four ayes. Mayor Carlson was absent. Mr. Ferrito stated the need toreaffirm that our ultimate goals are achieved with regard to the BMP units. Manager stated a report would be brought back to Council addressing Councils questions. RESPONSE TO AUDIT MANAGEMENT LETTER. 86-87 Information for Council. 300 BLOSSOM HILL ROAD Vice-Mayor Benjamin stated she has received a message from a Planning Commissioner requesting Council to make a motion to reconsider 300 Blossom Hill Road. Mr. Ventura moved to reconsider the action taken and refer this back to DRC and Planning Commission. Mrs. Benjamin seconded. Motion fails with Mr. Ferrito and Mr. Hamilton voting no. Mayor Carlson was absent. APPEAL - 155 N. SANTA CRUZ AVE. Discussion was held on the proposed Resolution and Attorney spoke on the criteria that has to be set forth in unreasonable hardship issues. Mr. Ferrito asked for deletion of the last sentence inC-3 page 2 of the Resolution. Mr. Ventura moved for the adoption of the amended Resolution No. 1988-64 entitled, RESOLUTION GRANTING APPEAL OF PLANNING COMMISSION APPROVAL FOR CONSTRUCTION OF A NEW ONE STORY COMMERCIAL BUILDING, TO MERGE EXISTING PROPERTIES INTO ONE LOT AND DELETE THE REAR YARD REQUIRED SETBACK IN THE C-2 ZONE. (155 N. SANTA CRUZ AVENUE - FAIR OAKS PLAZA). Mr. Hamilton seconded. Carried by vote of four ayes. Mayor Carlson was absent. AGREEMENT FOR EIR REPORT FOR LONG'S DRUG STORE Mr. Hamilton moved for the adoption of Resolution No. 1988-65 entitled, RESOLUTION AUTHORIZING AGREEMENT TO PREPARE AN ENVIRONMENTAL IMPACT REPORT FOR THE OPERATION OF A SUPER DRUGSTORE AT 15698 LOS GATOS BLVD. Mr. Ferrito seconded. Carried by vote of three ayes. Mayor Carlson was absent and Mr. Ventura abstained due to possible conflict of interest. SENATE BILL 1809 Mr. Ventura moved to send letter to all Legislators in Santa Clara County that Council opposes Senate Bill 1809. Mr. Ferrito seconded. Carried by vote of four ayes. Mayor Carlson was absent. SECONDARY UNIT 74 BROADWAY Discussion was held on letter from Ms. McLaren re not receiving notification in time for her to meet the deadline for filing for secondary dwelling unit permit application form. Planning Director Bowman stated all letters were sent to the addresses as listed on the County tax roll. They were all sent first class and none were returned. After further discussion Mr. Ferrito moved for denial of request of Ms McLaren for a waiver of $500.00 application fee for a secondary dwelling unit permit application. Mr. Ventura seconded. Carried by vote of three ayes. Mayor Carlson was absent and Mr. Hamilton voted no. TRAFFIC ADJACENT TO LA RINCONADA COUNTRY CLUB Mr. Hamilton moved to accept staff recommendation and direct staff to install four speed limit signs and pavement messages; direct Police to increase surveillance and enforcement of the existing 25 MPH speed limit. Mr. Ventura seconded. Carried by vote of four ayes. Mayor Carlson was absent. ADJOURNMENT Mr. Ferrito moved meeting be adjourned at 12:50 a.m. on Tuesday, May 5, 1988. Mr. Hamilton seconded. Carried by vote of four ayes. Mayor Carlson was absent. ATTEST: Rose E. Aldag Town Clerk