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M 03-07-88TOWN OF LOS GATOS CALIFORNIA TOWN COUNCIL/PARKING AUTHORITY AGENDA MARCH 7, 1988 TOWN COUNCIL The Town Council/Parking Authority met in the Council chambers of the Town Hall at 7:45 p.m., in regular session. ROLL CALL PRESENT:Joanne Benjamin, Thomas J. Ferrito, Robert L. Hamilton, Brent N. Ventura and Mayor Eric D. Carlson. ABSENT:None PLEDGE OF ALLEGIANCE Given by all in attendance. PLANNING COMMISSION APPOINTMENT Mayor Carlson stated interviews for the (1) vacancy on the Planning Commission were held prior to the Council meeting and the applicants for the position were Michael H. Abkin; Alan L. Lambert; Patrick O'Laughlin; Carl L. Bumpass; Egon Jensen, John M. Spaur; John D. Michaelsen; Lester (Randy) Attaway and Kathleen Gail Ellena. (Ms. Ellena was not present for interviews). It was also noted that applicants were qualified for the position so all would be nominated. Voting was held and Patrick O'Laughlin received the majority of votes and was appointed to fill the unexpired term of barbara Spector. TREE CITY USA Steve Hollett from the State of California Division of Forestry presented Town of Los Gatos with the Tree City USA Award. This award is given by the Arborist association and this is the eighth year that the Town has received this award. Emma Vargo, Chairman of the Parks Commission accepted the award on behalf of the Town. OATH OF OFFICE POLICE CHIEF LARRY J. TODD Town Clerk Rose E. Aldag administered the oath of office to the newly appointed Chief of Police Larry J. Todd. CLOSED SESSION REPORT Town 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 following. Town V VMS and there is nothing to report. Adamson v Town and there is nothing to report. Town v Bethlahmy, et al. was not discussed tonight. BID AWARD FOR PROJECT 8721 It was noted that four bids were received, for this project, ranging from low bid of $64,724.50 to high bid of $75,047.00. Council questioned the requirement of Class A versus C-8 Specialty contractors license. Mr. Zapf answered questions of Council. After further discussion Mr. Ferrito moved to continue action on this bid award until March 14, 1988 to allow Town Engineer Zapf to prepare report to Council re the Class A & Class 8 licenses. Mr. Carlson seconded. Carried unanimously. CIVIC CENTER COOLING TOWER REPLACEMENT It was noted that six bids were received, ranging from low bid of $16,871.00 to high $34,658.00. Low bid was not accepted as it was for equipment only and did not include installation. Staff recommends that bid be awarded to Foothill A/C & Heating in the amount of $25,262.00. Mr. Ferrito moved to accept staff recommendation and award the bid to Foothill A/C & Heating in the amount of $25,262.00; Mayor be authorized to execute the agreement and Council approve a supplemental appropriation in the amount of $18,175.00 from General Fund Appropriated Reserve for Cooling Tower Installation. Mr. Ventura seconded. Carried by a vote of four ayes. Mr. Hamilton voting no. COMMUNICATIONS a. Letter from Jim Feeley dated 2-17-88 regarding installation of traffic signal light at Lark an northbound highway 17. b. Letter from Barbara Insell dated February 28, 1988 regarding traffic problem surrounding the la Rinconada Country Club. Mrs. Benjamin moved the above letters be referred to Town Manager for report. Mr. Ventura seconded. Carried unanimously. SCHEDULE OF PUBIC HEARINGS information for council on public hearing scheduled for future council meetings COUNTY REFERRALS Mrs. Benjamin moved for approval of staff recommendation on County Referrals as follows: 378-28-40-78G-88B Mt. Charley Road Duffey Single building site No comment. Madrona Way Yip Abandonment of portion of Madrona Way No comment Mr. Ventura seconded. Carried unanimously. CALENDAR OF MEETINGS Council information of schedule of meetings in March an April. COUNCIL MEETING SCHEDULE Information for Council on revised schedule of Council meetings. PLANNING DEPT./COMMISSION MONTHLY REPORT. Information for Council. PAYROLL FEBRUARY 26, 1988 Mrs. Benjamin moved for approval of payroll for February 26, 1988 in the amount of $165,289.97 and payroll related warrants in the amount of $108,737.01. Mr. Ventura seconded. Carried unanimously. SHANNON ROAD STOP SIGNS Information for Council on the performance of the new stop signs at Cherry Blossom Lane/Shannon Road and to update Council concerning the proposed stop signs at Shady View Lane/Shannon Road and Lansberry Court/Shannon Road. HIGHWAY 17/VASONA CORRIDOR Informational report for Council. ADVOCARE REQUEST 10 K RACE Mrs. Benjamin moved for approval of request of Shalynn Price, Board member of Advocare to conduct a 10K Jog-A-thon to be held on Sunday, april 17, 1988, based on the direction of the Town Council subject to the following conditions: 1. Race sponsor shall reimburse Town for the cost of (5) police officers at $25.40 hourly X a 3-hr minimum = $381.00. 2. Sponsor shall provide five (5) volunteers to staff five traffic control points. 3. List of volunteers' names, addresses and telephone numbers to be provided to the police department no later than 30 days prior to the event. 4. Sponsor to provide five traffic control vests of a type approved and as specified in the Caltrans Traffic Manual, Section 5-07.3 (Flaggers). 5. Barricades shall be placed at every traffic control point; estimated cost is $25.00. 6. Race sponsor shall reimburse Town for any additional cost to Town. In addition, race sponsors shall provide a one million dollar liability policy for this event and signs a hold harmless agreement with the Town. 7. Sponsor shall obtain special use permit from the Santa Clara County Parks and Recreation Department. Mr. Ventura seconded. Carried unanimously. WAIVER OF FEES SECONDARY UNIT 101 BROADWAY Mrs. Benjamin moved to accept staff recommendation and deny the request of Jean McNamara for a waiver of application fee for a secondary dwelling unit permit for a nonconforming unit at 101 Broadway. Mr. Ventura seconded. Carried by vote of four ayes. Mr. Hamilton voting no. ALCOHOLIC BEVERAGE LICENSE'S Mrs. Benjamin moved to accept staff recommendation on the following applications for alcoholic beverage licenses. 412 N. Santa Cruz Avenue Mount Everest Fine Indian Cuisine recommend denial until zoning violation has been abated. 798 Blossom Hill Road Togo's Eatery For Council information. 140 N. Santa Cruz Avenue. Noodle Palace For Council information. Mr. Ventura seconded. Carried. REQUEST FOR WAIVER OF FEES FOR A&S APPL. 15300 L. G. BLVD. It was consensus of Council to continue this request until March 21, 1988. CLAIM OF CHAD POZAS Mrs. Benjamin moved to accept staff recommendation and reject the claim of Chad Pozas as filed by his attorney, Benita A. Ventresca. Mr. Ventura seconded. Carried unanimously. CLAIM OF ACUFACTS, INC. Mrs.Benjamin moved to accept staff recommendation and reject claim of Acufacts. Inc. Mr. Ventura seconded. Carried unanimously. CLAIM OF BRAD DAVIS Mrs. Benjamin moved this claim of Brad Davis be continued to March 21st. 1988. Mr. Ventura seconded. Carried unanimously. CLAIM OF PATRICIA KELEZ Mrs. Benjamin moved to accept staff recommendation and reject the claim of Patricia Kelez. The accident relating to this claim happened in the unincorporated County territory and is not within the jurisdictional boundaries of the Town of Los Gatos. Mr. Ventura seconded. Carried unanimously. CLAIM OF ADRIAN TREADGOLD Mrs. Benjamin moved to accept staff recommendation and reject the claim of Adrian Treadgold. The accident relating to this claim was located in the unincorporated County territory and is not within the jurisdictional boundaries of the Town of Los Gatos. Mr. Ventura seconded. Carried unanimously. AUDIT SERVICE FOR TDA GRANT Mrs. Benjamin moved for the adoption of Resolution No. 1988-46 entitled, RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO ENTER INTO AN AGREEMENT WITH PANNELL KERR FORSTER FOR AUDITING SERVICES FOR TRANSPORTATION DEVELOPMENT ACT GRANT. Mr. Ventura seconded. Carried unanimously. COMMENDATION TO TOWN EMPLOYEES Mrs. Benjamin moved for the adoption of the following resolutions commending Town employees for their years of service to the Town and the community. RESOLUTION NO. 1988-48 entitled, A RESOLUTION COMMENDING RENEE ROURKE FOR 15 YEARS OF SERVICE TO THE TOWN OF LOS GATOS AS Town Building Official. RESOLUTION NO. 1988-50 entitled, A RESOLUTION COMMENDING DONALD R. MARCEAU FOR 15 YEARS OF SERVICE TO THE TOWN OF LOS GATOS AS Building Maintenance Worker in the Parks, Forestry and Maintenance Department. RESOLUTION NO. 1988-51 entitled, A RESOLUTION COMMENDING LEE DAL CANTO FOR 20 YEARS OF SERVICES as a Parks Maintenance Worker 111 in the Parks, Forestry and Maintenance Department. RESOLUTION NO. 1988-52 entitled, A RESOLUTION COMMENDING ALBERT F. TERRA FOR 25 YEARS OF SERVICE TO THE TOWN OF LOS GATOS, as Public Works Supervisor in the Parks, Forestry and Maintenance Department. Mr. Ventura seconded. Carried unanimously. MANAGEMENT PAY PERFORMANCE PLAN Mrs. Benjamin moved for the adoption of resolution No. 1988-53 entitled, RESOLUTION AMENDING MANAGEMENT PERFORMANCE AND COMPENSATION PLAN FOR THE TOWN OF LOS GATOS (FY 1987-88/88-89) This adds the Town Librarian and Associate Civil Engineers to the Plan. Mr.Ventura seconded. Carried unanimously. APPEAL - J.L. SCOTT - 151 N. SANTA CRUZ AVE. Mrs. Benjamin moved for the adoption of Resolution No. 988-54 entitled, RESOLUTION REMANDING APPEAL OF PLANNING COMMISSION DENIAL OF REQUEST FOR APPROVAL OF PLANS TO REMODEL AND EXPAND AN EXISTING COMMERCIAL BUILDING IN THE C-2 ZONE (151 N. SANTA CRUZ AVENUE - JOHN L. SCOTT). Mr. Ventura seconded. Carried by a vote of three ayes. Mr. Ferrito voting no and Mr. Ventura abstained. POLICE MOTORCYCLE TRAINING AGREEMENT WITH SAN MATEO Mrs. Benjamin moved for the adoption of Resolution No. 1988-55 entitled, RESOLUTION AUTHORIZING EXECUTION BY CHIEF OF POLICE OF INDEMNITY AND HOLD HARMLESS AGREEMENT, AND RELEASE, IN FAVOR OF CITY OF SAN MATEO. Mr. Ventura seconded. Carried unanimously. COMMENDATION FOR MICKEY BENSON Mrs. Benjamin moved for the adoption of resolution No. 1988-56 entitled, A RESOLUTION OF THE TOWN OF LOS GATOS COMMENDING MICKEY BENSON, for her contributions to the Town as a member of the Los Gatos Arts Commission. Mr. Ventura seconded. Carried unanimously. AMENDMENT TO MEDIATION & ARBITRATION REGULATIONS Mrs. Benjamin moved for the adoption of resolution No. 1988-57 entitled, A RESOLUTION OF THE TOWN OF LOS GATOS AMENDING THE LOS GATOS RENTAL DISPUTE MEDIATION AND ARBITRATION REGULATIONS. (This amends definition of "Capital Improvements" of the Rental Dispute Mediation and Arbitration regulations. Mr. Ventura seconded. Carried by vote of four ayes. Mr. Ventura abstained. ASSIGNMENT OF PARKING CITATION CONTRACT It was consensus of Council to continued this matter to March 14, 1988 to allow time to acquire the necessary documents. AMENDMENT TO TOWN CODE SECTION 2-7 Mrs. Benjamin moved for the adoption of Ordinance No. 1744 entitled, AN ORDINANCE AMENDING TOWN CODE SECTION 2-7; DELEGATION OF CERTAIN DUTIES: 2-10.4 - OFFICE OF THE DIRECTOR OF FINANCE, AND ADDING SECTION 2-7.7 - CONTRACTS AND AGREEMENTS TO BE FILED WITH TOWN CLERK. Mr. Ventura seconded. Carried by vote of four ayes. Mr. Hamilton voting no. ZONING ORDINANCE AMENDMENT RE TRAFFIC IMPACTS Mrs. Benjamin moved for the adoption of ordinance No. 1745 entitled, AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONING ORDINANCE RELATING TO TRAFFIC IMPACTS. Mr. Ventura seconded. Carried by vote of three ayes. Mr. Hamilton and Mrs. Benjamin voting no. VERBAL COMMUNICATIONS Mr. Schwimmer from the audience asked Council to reconsider an Urgency Ordinance that would place a temporary prohibition on new development or the expansion or intensification of existing development in the C-2 zone while allowing the continuation of day-to-day activities; Certificates of Use and Occupancy, Sign permit and minor remodeling. Mayor Carlson requested this be agendized for March 21, 1988. APPEAL- 66 E. MAIN - FRIESEN Mayor Carlson stated this was the time and place duly noted for the continued public hearing on the appeal of Planning Commissions approval with conditions, on the Conditional Use Permit, Application U-86-24 requesting permission to operate an automobile dealership in the C-2 zone. Mayor Carlson referred to staff report with recommendation to continued this issue to June 6, 1988 to allow time for possible resolution of the parking district lawsuit. Attorney Randall Reedy, representing Ferrari, stated he concurred with the recommendation to continue this to June 6, 1988. Mrs. Benjamin moved to continue this hearing to June 6, 1988 and authorize Mayor to send a letter to the appellant regarding the operation of the dealership and inform them of Town Code section that prohibits the washing or repair of cars while parked on city streets. Mr. Hamilton seconded. Carried by vote of four ayes. Mr. Ferrito voting no. WEED ABATEMENT Mayor Carlson stated this was the time and place duly published for public hearing for any objections and ordering abatement of weeds. Marsha Rollins, from audience questioned the reason for abatement and if herbicides would be used. Town Engineer Ron Zapf answered questions of Ms. Rollins stating this is necessary for fire safety and herbicides are not used. There being no one else wishing to speak on this issue, Mr. Ferrito moved public hearing be closed. Mrs. Benjamin seconded. Carried unanimously. Mr. Hamilton moved for the adoption of Resolution No. 1988-58 entitled, A RESOLUTION OVERRULING OBJECTIONS AND ORDERING ABATEMENT OF WEEDS AS A PUBLIC NUISANCE. Mrs. Benjamin seconded. Carried unanimously. APPEAL - 228 MASSOL AVE. (Schradle) Mayor Carlson stated this was the time and place duly noted for public hearing to consider the appeal of Planning Commission's approval of request for a modification to a condition of approval of a previous approval granted for construction of a single family residence in the R-1D-LHP zone. It was noted that letter had been received from the appellant asking to withdraw his appeal. There being no one from the audience wishing to speak on this issue, Mrs. Benjamin moved public hearing be closed. Mr.Ventura seconded. Carried unanimously. Mrs. Benjamin moved to grant the request for withdrawal of the appeal. Mr. Ferrito seconded. Carried unanimously. APPEAL - 16000 MARCHMONT DRIVE HILLBROOK SCHOOL Mayor Carlson stated this was the time and place duly published for public hearing to consider the appeal of Planning Commission's approval of request for approval of plans for the construction of multi-purpose building (Gymnasium/classrooms) on property in the HR-1 zone. Mayor Carlson stated the key issues of the appeal in not whether a Gymnasium is needed but the location of the proposed building and mitigation of impacts. Mrs. Benjamin announced that she would not be participating in the hearing process or voting, due to possible conflict of interest as she is a member of the Board at said school. Speaking on the appeal were Jeff Barnett; Mr. Higginson; Mr. Hugh Thomson appellants. They stated they are opposed to the proposed building but think it should be scaled down and the height only be 20 ft. Mr. Thomson stated he feels Planning Commission did not mitigate measures as Council had instructed. Ed Pack, professional engineer and specialist in noise and acoustical problems spoke on tests taken for noise levels. Mr. Robert Clements, headmaster of the Hillbrook School gave his presentation regarding noise, visual impact and alternate site of the building. Also speaking were Mr. Ring, Architect for the School; Terry McMann and Bill Dobbs. Other speakers were Sandi Thomson; Lucille Sanner, who presented petition signed by 67 residents in the area favoring the use of Ann Arbor Drive gate for construction traffic; Diane Hembry who wishes the attendance for Hillbrook School be no more than 282; Mrs. Mittelstet; Pat Michaels' Joanne Lawson; Mrs. Erickson; Elaine McKim; Joan Schnieder; Wendy Wiseman; Elayne Klasson and Bob Durham. After further discussion re the location of the site, traffic, visual impact and there being no one else wishing to speak to this issue. Mr. Hamilton moved hearing be closed. Mr. Ferrito seconded. Carried by vote of four ayes. Mrs. Benjamin abstained. Mr. Ferrito commented on the need for a long range plan or Master Plan of the facilities for this school. Not convinced that Site F is correct and feels Sites A, E & F need to be looked at closely. Mr. Hamilton spoke on his concerns of traffic through Marchmont Drive and stated he would support schools plan but would like to see a plan which would take care of parking for certain large events. Mr. Ventura stated he was satisfied with the parking plan that was submitted, but I'm not convinced that site F is the best site and feels Council should look at site E. Site A is not a viable site. Mr. Carlson feels more mitigation are needed. Want to make sure we've done all we can. Do feel the Planning Commission erred in not giving the sites or other designs a significant look. After further discussion Mr. Ventura moved to continue Council decision until April 8th, and have staff prepare report re comparison of sites E & F; the feasibility as to what can be done with site E; whether it can be made a feasible location for the current gym as designed; see if height can be reduced at site F and the possibility of moving site F structure further to the south; look at exterior fans as opposed to interior fans, to see what that does to height of building and also what it does to ventilation and heating needs. Staff to contact Water District and get information as to how close any one could build to Ross Creek without any problems. Mr. Ferrito seconded. Carried by vote of three ayes. Mr. Hamilton voting no and Mrs. Benjamin abstained. ZONING ORDINANCE URGENCY - FOR USES NONCONFORMING AS TO PARKING Mayor Carlson stated this was the time and place duly published for public hearing to consider the introduction and adoption of an urgency interim zoning ordinance to establish a temporary prohibition on applications for certain types of improvements to nonresidential property in the downtown specific plan area that are nonconforming as to parking located west of State Route 17 between Saratoga Avenue and Blossom Hill Road. Speaking on this issue was Ken Phiko, University Avenue requested the elimination of the Ordinance. Dave Catten, 615-617 University Avenue stated there is no parking problem in his area. Tom Schafer, 612 University Avenue feels there is no parking deficiency in his block. Should be a review of parking, block by block. After further discussion, Mrs. Benjamin moved to continue this hearing to March 21, 1988. Mr. Hamilton seconded. Carried unanimously. CONTINUANCE OF MEETING AFTER MIDNIGHT Mr. Hamilton moved to continue the meeting past midnight. Mr. Ferrito seconded. Carried unanimously. APPEAL - 300 BLOSSOM HILL RD. Mayor Carlson stated this was the time and place duly published for public hearing to consider Planning Commission's denial of request for certification of a draft environmental impact report and request for change in zone from 0, R- 1:8000 and RM:5-20 to R-1:8000-PD in order to construct a 34 unit residential development on 10.2 acres of property at the southeast corner of Blossom Hill Road and Roberts Road. Property Owners - Ed Nino and Vasona Hills Partnership. Due to lateness of the hour, Mr. Hamilton moved to continue this item to March 21st, 1988. Mr. Ventura seconded. Carried unanimously. CONTINUATION OF MEETING Mr. Ferrito moved to continue the balance of the agenda to March 14th, 1988. Mrs. Benjamin seconded. Carried unanimously. ADJOURNMENT Mayor declared the meeting adjourned at 12:10 a.m. to be continued to 7:30 p.m. Monday March 14, 1988. ATTEST: Rose E. Aldag Town Clerk