M 12-19-88TOWN OF LOS GATOS CALIFORNIA
TOWN COUNCIL/PARKING AUTHORITY AGENDA
DECEMBER 19, 1988
TOWN COUNCIL
The Town Council/Parking Authority met in the Council Chambers of the Town
Hall at 7:35 p.m., in regular session.
ROLL CALL
PRESENT: Eric D. Carlson, Thomas J. Ferrito, Robert L. Hamilton, Brent
N. Ventura and Mayor Joanne Benjamin.
ABSENT: None.
PLEDGE OF ALLEGIANCE
Given by all in attendance.
RESOLUTION COMMENDING ARCHIE WATSON
Mr. Ferrito moved for the adoption of Resolution No. 1988-232 entitled,
RESOLUTION OF THE TOWN OF LOS GATOS COMMENDING ARCHIE
WATSON FOR HIS SERVICE TO THE TOWN OF LOS GATOS as Building
Official. Mr. Ventura seconded. Carried unanimously. Mayor Benjamin
presented the Resolution of Commendation to Mr. Watson.
CLOSED SESSION REPORT
Mary Jo Levinger, Town Attorney, reported that Council had met in Closed
Session pursuant to Government Code Section 54956.9(a) in regards to Trusso
v. Town. There was no report from this discussion.
BID AWARD STREET SWEEPER
Five bids were received for the purchase of a new street sweeper for use by
Parks, Forestry and Maintenance from Mr. Air Sweepers, Western Traction Co.,
Nixon Egli Equipment Co., and CESCO. Mr. Carlson moved to award the bid to
Western Traction Co. for one (1) FMC model 4000SP-2-V4 HD Street Sweeper
for net bid of $87,905. Mr. Ferrito seconded. Carried unanimously.
BID AWARD FLEETSIDE PICKUP 1989
Two bids were received for the purchase of one 1989 Fleetside Pickup for use by
Parks, Forestry and Maintenance from Mission Valley Ford and Swanson Ford-
Isuzu. Mr. Carlson moved to award the bid to Mission Valley Ford for one (1)
1989 Ford F250 H.D. Fleetside Pickup Truck for a net bid of $15,713. Mr.
Ventura seconded. Carried unanimously.
BID AWARD LINE MARKING 1988 MACHINE
Two bids were received for the purchase of a Line Marking machine for use by
Parks, Forestry and Maintenance from Bauer Coatings Division Whitaker Corp.
and Dispension Technology Corp. Mr. Carlson moved to award the bid to bauer
Coatings Division for one (1) new 1988 Pro-Stripper 5000II line marking machine
for a net bid of $6,393.25. Mr. Ventura seconded. Carried unanimously.
PUBLIC HEARING SCHEDULE
Council informational report.
COUNTY REFERRALS
Mr. Ventura moved for the approval of County Referrals as follows:
8818-23-46-88B 20155 Thompson Rd.Carolan
Building No comment.
3495-25-47-88V-88LM 19025 Laurel Dr. Cunningham
lot merger No comment.
Mr. Hamilton seconded. Carried unanimously.
PAYROLL ANNUAL CASHOUT & DECEMBER 16 1988 PAYROLL & RELATED
WARRANTS
Mr. Ventura moved for the approval of annual cash-outs paid December 9, 1988
in the amount of $48,687.28 and December 16, 1988 payroll in the amount of
$181,375.45 and payroll related warrants in the amount of $121,296.64. Mr.
Hamilton seconded. Carried unanimously.
DECEMBER 1988 WARRANTS
Mr. Ventura moved for the approval of accounts payable for December 1988, in
the amount of $446,092.92. Mr. Hamilton seconded. Carried unanimously.
SECONDARY DWELLING MONTHLY REPORT
Council informational report.
YOUTH ADVISORY COMMISSION SERVICE AWARD
Mr. Ventura moved to approve implementation of the Youth Advisory
Commission Community Services Award Program. Mr. Hamilton seconded.
Carried unanimously.
INFORMATION AND REFERRAL SERVICE REPORT
Council informational report.
POLICE OFFICER POSITION UPGRADE AND ALLOCATION SCHEDULE
Mr. Ventura moved to authorize upgrading of one police officer position to that of
sergeant effective January 1, 1989 and to adopt Resolution No. 1988-233
entitled RESOLUTION OF THE TOWN OF LOS GATOS RESCINDING
RESOLUTION NO. 1988-229 AND APPROVING AMENDMENT OF 1988-89
SCHEDULES OF AUTHORIZED POSITIONS AND SALARIES FOR FISCAL
YEAR 1988-89. Mr. Hamilton seconded. Carried unanimously.
GREAT SARATOGA TO LOS GATOS RACE
Mr. Ventura moved to approve the Rotary Club's request to conduct "The Great
Saratoga to Los Gatos Race" Sunday, January 29, 1989. Mr. Hamilton
seconded. Carried unanimously.
COUNTY'S GIFT DEEDS ORDINANCE
Council informational report.
TRAFFIC ZONE LOS GATOS BLVD. AND FILMER AVE.
Mr. Ventura moved to deny the request for a "Keep Clear Zone" on Los Gatos
Boulevard at Filmer Avenue. Mr. Hamilton seconded. Carried unanimously.
SEISMIC HAZARD IDENTIFICATION
Mr. Ventura moved to approve request for proposal to identify potentially
hazardous buildings and develop a program to mitigate seismic hazards. Mr.
Hamilton seconded. Carried unanimously.
APPEAL 15347 NATIONAL RETIREMENT HOME CONSTRUCTION
Mayor Benjamin stated this was the time and place duly noted for public hearing
to consider an appeal of Planning Commission's denial of zone change
application Z-88-1, requiring EIR and zone change request from R-1:8,000 to R-
1:8,000-PD with request to construct retirement home. Property located at
15347 National Ave. Applicant Goldrich, Kest & Associates. The applicant
requests this item be continued until January 3, 1989. Mr. Ferrito moved to
continue until January 3, 1989. Mr. Ventura seconded. Carried unanimously.
APPEAL 542-548 NORTH SANTA CRUZ AVE AND CHILI TAMALE
FACTORY
Mayor Benjamin stated that 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 U-88-7 requesting sale of beer and wine and outdoor seating
for restaurant operation in LM zone. Property location at 542-548 North Santa
Cruz Ave. Applicant: James Joseph Connor. The applicant requests this item be
continued until January 3, 1989. Mr. Ventura moved to continue until January 3,
1989. Mr. Hamilton seconded. Carried unanimously.
APPEAL 17975 FOSTER RD. (GUADALUPE COLLEGE) ONE YEAR TIME EXT.
Mayor Benjamin stated this was the time and place duly noted for continued
public hearing to consider the appeal of Planning Commission's approval or a
one year time extension to previous approvals granted to permit a private school
in the HR-5 zone, U-84-6B. Property located at 17975 Foster Road. Owner Dr.
Kang Mang Ho. Calvin Gordon, 93 Reservoir Rd. spoke for the Citizens for the
Preservation of St. Joseph's Hill, presenting a letter to Council in favor of
elimination of Phase 1C alternative study and placing Phase 1D first for study,
keeping in mind their request to view the artery as a driveway not a road. Tom
Jordan, attorney for the owner, Dr. Ho, asked for the grant of extension, stating
owner's vested property rights; no change in property designation; the
unreasonable delay; no change in the law; and little change in facts. He will be
on the Regional Open Space Agenda January 11, 1989 to ask for a review of
their decision; EIR is certified and final. Jack Stewart, engineer with Creegan
and D'Angelo, stated that Alma Bridge route is the best alternative because of
alignment; it is longer than Limekiln Rd. and the 1 to 1 slope saves half the cut.
Alan Young, 17601 Foster Rd., spoke on the width of Foster Rd. compared to
Limekiln Rd. making observations that Limekiln Rd. would be superior to Foster
Rd. and Limekiln would be a driveway to service one facility whereas Foster is a
road to serve a large residential area with many vehicles. Pete Siemens, 69
Ellenwood, feels that the college needs access that characterizes a driveway and
not a full fledged road. There should be a study to show the alternatives to
preserve the open space. Marie Yorosko, 18430 Vista Grande Way, Safe on 17,
addressed the traffic problem at Highway 17. Cal Tran's plans for construction of
the overpass are in 1992. Request denial until such time as the overpass is built.
Kay Duffy, President of the Board of Midpeninsula Regional Open Space District,
requests the review of alternates carefully. Person from 105 Massol, wishes the
quality of the open space preserved stating that it improves the ambiance of the
college property. John Slatter, 18553 Mc Coy Ave., states that 180 degree turns
are really quite safe since drivers have to practically stop to get around them.
Michael Kennedy, 115 Euclid Ave., compared two outlooks; citizens view point of
concern for open space and the land available for use by all; and business
commercial enterprise road through the park land at the expense of the citizens.
Cal Gordon, requests an independent consultant be hired and that a study
planning group be instituted to review this subject in more detail. Jack Stewart,
stating that Creegan and D'Angelo have tried to be open with all concerned in the
past and feel it is unfair to stop them now. Mr. Carlson moved to continue the
public hearing to February 6, 1989 and to authorize the amount of $8,200 for an
independent study of alternative routes not including phase I, #C, but including a
studied recommendation of the best alternative which addresses the concerns of
the Citizens for the Preservation of St. Joseph's Hill. Mr. Ferrito seconded.
Carried unanimously.
APPEAL 17471 WEDGEWOOD AVE. SUBDIVISION
Mayor Benjamin stated that this was the time and place duly noted for public
hearing to consider an appeal of Planning Commissions approval of a two lot
subdivision in R-1:8000 zone. Subdivision application M-88-11. Property: 17471
Wedgewood Ave. Owner: John Anastasia. Applicant: F. Dennis Burrow, AIA.
Dennis Chambers, 1433 Mulberry Lane, is against the subdivision and would
prefer open space. He had not received the staff report. Mr. Anastasia, 18811
Montewood Dr., Saratoga, submitted pictures of the area he wishes to subdivide,
and pictures of his neighbors property, and stated he did not wish a continuance.
Mr. Carlson moved to continue to January 17, 1989, so that the appellant has an
opportunity to read the report. Mr. Hamilton seconded. Carried by a vote of four
ayes. Mr. Ventura abstained due to not receiving the tape on this issue.
APPEAL 300 BLOSSOM HILL RD.
Mayor Benjamin stated this was the time and place duly noted for public hearing
to consider the certification of a draft Environmental Impact Report, EIR-85-1A,
and a change in zone from 0, R-1:8000 and RM-5:20 to R-1:8000-PD. Z-86-6, in
order to construct a 33 unit residential development on 10.2 acres of property at
the southeast corner of Blossom Hill and Roberts Road. Location, 300 Blossom
Hill Road. Property owners, Ed nino and Vasona Hills Partnership. Mr. Hamilton
stated he would abstain from voting on this issue. Mr. Ventura stated he had
reviewed the tape of the previous meeting and would be voting on this issue. Mr.
Bryant, Director of PFM, answered Council's questions regarding what trees
would be removed and the number of replacement trees. Bruce Bowen, from
Ainsley, 16191 Wood Acres Rd., spoke to the many additional improvements to
the Town that the project would be responsible for. Cybil Albreck, 14973 Natalie
Rd., spoke to the reduction of lot size for lots 1, 2, 3, 4, 30, & 31; a traffic signal
or illegal left turn from Roberts Road onto Blossom Hill Road; Roberts Road
landscaping between the creek and the development; and traffic addressed on
Robert Road going west. Ann Lamborn, concerned with the safety of lot 4 in
relation to the curve of Roberts Road; thinks the color planned is to light; does
not care for sound walls in Los Gatos. Linda Callon, representing Ainsley, spoke
to all concerns above in terms of compliance and cooperation. Mr. Carlson
asked Mr. Bowen to use the Nino house as the unit to obtain the additional BMP
units, to contribute to the cost of upgrading Roberts Road in regards to traffic
consistent with Town's formula for assessing others, and to be responsible for
the assurance that Cal
Trans will maintain the screening for the sound wall. Mr. Bowen acquiesced. No
one else from the audience wished to speak on the issue. Mr. Carlson moved to
close the public hearing. Mr. Ventura seconded. Carried by a vote of four ayes.
Mr. Hamilton abstained. Mr. Carlson moved to certify the EIR. Mr. Ventura
seconded. Carried by vote of four ayes. Mr. Hamilton abstained. Mr. Carlson
moved to make a statement of overriding considerations for the EIR based on the
staff report and Town Housing Policy 16. Mr. Ventura seconded. Carried by
vote of four ayes. Mr. Hamilton abstained. Mr. Carlson made a finding that the
request proposal is consistent with our General Plan. Mr. Ventura seconded.
Carried by vote of four ayes. Mr. Hamilton abstained. Mr. Carlson made a
finding for demolishing a single family residence. Mr. Ventura seconded.
Carried by vote of four ayes. Mr. Hamilton abstained. Mr. Ventura moved for
consensus that there be additional landscaping along the creek frontage, plans to
be submitted for satisfaction of Town's Department of Parks and Forestry. Mr.
Carlson seconded. Carried by vote of four ayes. Mr. Hamilton abstained. Mr.
Carlson moved for consensus to reexamine, to take another look at the plan, to
try to maximize the screening from day one. Mr. Ventura seconded. Failed by a
vote of two ayes, and two noes. Mayor Benjamin and Mr. Ferrito voted no. Mr.
Hamilton abstained. Mr. Carlson moved for consensus to replace condition #51
with the condition to include the Nino house in the BMP formula. Mr. Ferrito
seconded. Carried by vote of four ayes. Mr. Hamilton abstained. Mr. Ferrito
asked that the record show that the council wishes to produce BMP units and not
just an accumulation of funds. Mr. Ventura moved for consensus to have staff
require additional landscaping on the freeway side of the sound wall using the
drought tolerant species for screening purposes and to obtain the cooperation of
Cal Trans. Mr. Carlson seconded. Carried by vote of four ayes. Mr. Hamilton
abstained. Mr. Carlson moved for consensus that the soundwall be set at 8' with
the overriding consideration being the visibility on the freeway side. Architecture
and Site to include further mitigation on construction. Mr. Ferrito seconded.
Carried by a vote of four ayes. Mr. Hamilton abstained. Mr. Ventura moved for
consensus that any archeological relics or historical artifacts that are discovered
at the Nino house and property shall be preserved. Mr. Carlson seconded.
Carried by a vote of four ayes. Mr. Hamilton abstained. Mr. Ventura moved for
consensus to prohibit left turns from the project on to Roberts Rd., and to ask for
a percentage contribution to a restrictive traffic project which is yet to be defined
for Roberts Rd. Mr. Carlson seconded. Carried by a vote of four ayes. Staff was
requested to have an Ordinance prepared for the January 3, 1989 council
meeting.
RECESS
Mayor Benjamin declared a ten minute recess. The meeting reconvened at
10:00 p.m.
APPEAL 761 UNIVERSITY AVE.
Mayor Benjamin stated this was the time and place duly noted for public hearing
to consider an appeal of Planning commission's approval of Architecture and Site
Application S-78-7B; Conditional Use Permit Application U-78-3B and
Subdivision Application M-87-8A, requesting approval of plans for the
construction of a mini-warehouse facility, warehouse space, service commercial
space, a single family residence for use by a resident manager and to merge five
existing lots into three lots in the LM zone. Property located at 761 University
Avenue; property owner, Jon P. Anderson. Applicant, Public Storage, Inc.
Appellants, Walter M. Cardinet, Peter O'Toole, Richard Grimes, Peter Siemens,
Brad Clifford. Richard Gaines, 340 Johnson Ave, feels that the Planning
Commission erred in granting approval of merging 5 lots into 3 lots. This does
not fit the General Plan of service commercial zone. John Knott, of Public
Storage, Dublin, spoke to the re-configuration of lots which allow 25% increase in
Service Commercial. Steve Tannier, with Public Storage, spoke to the
conversion of warehouse to covered parking with service commercial on upper
level. Dale O'Toole, 143 E1 Pinar, is against this project as one large project, it
is really three projects in his view. Pete Siemens, 69 Ellenwood, states that this
project is too large for Los Gatos. Bill Mason, 156 Euclid Ave., questioned the
handicapped parking spaces ratio, the handicapped access accommodation, and
the amount of car trips to traffic ratio on projects B & D. No one else from the
audience wished to speak on this issue. Mr. Carlson moved to close the public
hearing. Mr. Ventura seconded. Carried unanimously. Mr. Carlson moved to
reopen the public hearing and to continue the meeting past midnight. Mr.
Ventura seconded. Carried unanimously. John Knox, Public Storage, Dublin,
addressed revamping buildings to accommodate office space and parking, and
the need for handicapped access. Pete Siemens, 69 Ellenwood, send it back to
Planning Commission and get the scale cut down, which now stands at the size
of two football fields. Mr. Ventura moved to have a study come back which has
all of building A designed as service commercial with the parking requirement
satisfied by reducing some of the other mini storage space, and that units B & D
be constructed in such a manner that they can be converted into lower level
parking and service commercial if mini storage is no longer viable in the future.
Mr. Carlson seconded. Carried with a vote of three ayes. Mr. Hamilton and Mr.
Ferrito voted no. Mr. Ventura moved that this issue return to Council. Mr. Ferrito
seconded. Carried unanimously. Mr. Ventura moved that all three parcels
consider handicapped parking and access appropriately. Mr. Hamilton
seconded. Carried unanimously. Mr. Ventura moved to continue this issue until
January 17, 1989. Mr. Hamilton seconded. Carried unanimously.
145 HAPPY ACRES TEMP. POWER
Staff report on request from 145 Happy Acres Road for temporary power. Mr.
Fink, owner, asked for temporary power at his home. The home construction
began in September, 1985. The final building inspection approval on the house
was approved in June, 1988. This approval does not authorize occupancy of the
house. Occupancy is not approved until an Occupancy permit granted by the
Building Department indicating that all town requirements have been met. Mr.
Ferrito moved to deny request for temporary power at 145 Happy Acres Road.
Mr. Ventura seconded. Carried unanimously.
PAYING AGENT OUTSTANDING DEBT ISSUES
Staff report on selection of paying agent for outstanding debt issue. Mr. Carlson
moved for the adoption of Resolution No. 1988-234 entitled RESOLUTION OF
THE TOWN OF LOS GATOS AUTHORIZING TOWN TREASURER TO SIGN
AGREEMENT APPOINTING BANK OF AMERICA AS THE TOWN'S PAYING
AGENT FOR THE TOWN'S OUTSTANDING DEBT ISSUES.
Mr. Ventura seconded. Carried unanimously.
CODE ENFORCEMENT REFERRALS
Council informational report. Mr. Hamilton moved to sue violators. Mr. Ferrito
seconded. Carried unanimously.
CROSSWALK SAR. & MASSOL
Mr. Carlson moved to continue this item to January 3, 1989 Council meeting. Mr.
Ferrito seconded. Carried unanimously.
PARKING HARWOOD & BL. HILL
Mr. Carlson moved to continue this item to January 3, 1989 Council meeting. Mr.
Ferrito seconded. Carried unanimously.
MUSEUM COMMISSION
Mr. Carlson moved to continue this item to January 3, 1989 Council meeting. Mr.
Ferrito seconded. Carried unanimously.
MINUTES NOVEMBER 21, 22, & 28, DECEMBER 5, 1988
Mr. Carlson moved to continue this item to January 3, 1989 Council meeting. Mr.
Ferrito seconded. Carried unanimously.
TREASURER'S REPORT NOVEMBER, 1988
Mr. Carlson moved to continue this item to January 3, 1989 Council meeting. Mr.
Ferrito seconded. Carried unanimously.
CROSSWALK LOS GATOS ALMADEN ROAD
Mr. Carlson moved to continue this item to January 3, 1989 Council meeting. Mr.
Ferrito seconded. Carried unanimously.
TRAFFIC POLICY
Mr. Carlson moved to continue this item to January 3, 1989 Council meeting. Mr.
Ferrito seconded. Carried unanimously.
SUPPLEMENTAL BUDGET/CLAIM
Mr. Carlson moved to continue this item to January 3, 1989 Council meeting. Mr.
Ferrito seconded. Carried unanimously.
TOWN CLERK COMPENSATION
Mr. Carlson moved to continue this item to January 3, 1989 Council meeting. Mr.
Ferrito seconded. Carried unanimously.
TOWN CLERK RESPONSIBILITIES
Mr. Carlson moved to continue this item to January 3, 1989 Council meeting. Mr.
Ferrito seconded. Carried unanimously.
COUNCIL COMMITTEE APPOINTMENTS
Mr. Carlson moved to continue this item to January 3, 1989 Council meeting. Mr.
Ferrito seconded. Carried unanimously.
COMMITTEE REPORTS
Mr. Carlson moved to continue this item to January 3, 1989 Council meeting. Mr.
Ferrito seconded. Carried unanimously.
ADJOURNMENT
Mayor Benjamin declared the meeting adjourned at 1:15 a.m., Monday,
December 19, 1988.
ATTEST:
Marian V. Cosgrove
Town Clerk