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M 02-21-89TOWN OF LOS GATOS CALIFORNIA TOWN COUNCIL/PARKING AUTHORITY. FEBRUARY 21, 1989 TOWN COUNCIL The Town Council/Parking Authority met in the Council Chambers of 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. PRESENTATION/ROBERT OLSON/MUSEUM COMMISSION Mayor Benjamin presented commendation to Robert Olson for having served on the Los Gatos Museum Commission. CLOSED SESSION Mary Jo Levinger, Town Attorney, reported that Council had met in Closed Session prior to this evening's meeting. Pursuant to Government Code Section 54956.9(a) discussion was held regarding Town v. Gallagher. There is no report at this time. Pursuant to Government Code Section 54956.9(b) in regard to the claim of Mildred Berstein. The Council made a finding of significant exposure to litigation in that a claim has been filed against the Town. Council authorized settlement of claim in the amount of $1,592.50. Pursuant to Government Code Section 54956.(c) in regard to the institution of litigation concerning land acquisition for library expansion. There is no report at this time. Council met to discuss a personnel matter. Disciplinary Appeal of Officer Robert Weber. Council has upheld the Personnel Board's recommendation that the 20 hour suspension be upheld. SCHEDULE OF PUBLIC HEARINGS Informational report to Council regarding upcoming scheduled public hearings. COUNTY REFERRALS Mr. Carlson moved for approval of staff recommendation of no comment on the following County Refferal: 3868-32-48-89LA Blackberry Hill Rd, Stephen Hundley and Shing Mo, Lot Line Adjustment. Mr. Ventura seconded. Carried unanimously. SECONDARY DWELLING UNIT MONTHLY REPORT Informational report to Council regarding status of existing units. PAYROLL PAID FEBRUARY 10, 1989 & RELATED WARRANTS Mr. Carlson moved for ratification of payroll in the amount of $182,054.17, payroll related warrants in the amount of $99,561.22 and accompanying check registers for payroll of January 22, 1989 to February 4, 1989 paid on February 10, 1989. Mr. Ventura seconded. Carried unanimously. ACCOUNTS PAYABLE/FEBRUARY 10, 1989 Mr. Carlson moved for ratification of the check register in the amount of $218,149.12 for accounts payable invoices paid on February 10, 1989. Mr. Ventura seconded.Carried unanimously. NOTICE OF COMPLETION/TRACT 7891/354 BACHMAN AVE./T.O.D. PROPERTIES Mr. Carlson moved for the acceptance of the Certificate of Acceptance and Notice of Completion for project of T.O.D. Properties at 354 Bachman Ave. designated Tract 7891. WORCESTER PARK ACCESS VIA LOS ROBLES WAY/RICHARD SALICE LETTER Mr. Carlson moved to direct staff to further evaluate Mr. Salice's offer of land dedication with conditions, and return to Council with a final recommendation. Mr. Ventura seconded. Carried with a vote of 4 ayes. Mr. Ventura abstained. FAMILY FUN RUN/ELEMENTARY EDUCATION FOUNDATION Mr. Carlson moved that Council approve the request of the Los Gatos Elementary Education Foundation to hold a 10-kilometer race on Sunday, May 7, 1989 subject to the six conditions listed in staff's report and including all costs to be borne by applicant. Mr.Ventura seconded. Carried unanimously. ABAG WATER POLICY Mr. Carlson moved that Council forward questionnaire and copy of Resolution No. 1987-210 to the Committee for Water Policy Consensus as requested by that Committee. Mr. Ventura seconded.Carried unanimously. CALIFORNIA ARBOR DAY PROGRAM/TREE CITY U.S.A. AWARD Mr. Carlson moved that Council agendize acceptance of the Tree City U.S.A. Award for the March 6, 1989 Town Council meeting, and that members of Council participate in the California Arbor Day Program on Tuesday, March 7, 1989. Mr. Ventura seconded. Carried unanimously. JOHN LIEN/RESOLUTION COMMENDING/PLANNING COMMISSION RESIGNATION Mr. Carlson moved that Council accept with regrets the resignation of John Lien from the Planning Commission, adopt Resolution No. 1989-21 entitled, A RESOLUTION COMMENDING JOHN S. LIEN, and authorize the Town Clerk to advertise a vacancy on the Planning Commission. 426 NORTH SANTA CRUZ AVE./MOUNTAIN MIKE'S /RESOLUTION/DENTAL MODIFICATION Mr. Carlson moved adoption of Resolution No. 1989-22 entitled, RESOLUTION MODIFYING PLANNING COMMISSION DENIAL OF PERMISSION TO OPERATE AN EXISTING RESTAURANT AND TO EXPAND THE RESTAURANT BY APPROXIMATELY 900 SQUARE FEET ON PROPERTY WIHTIN AN EXISTING SHOPPING CENTER IN THE C-1 ZONE (426 NORTH SANTA CRUZ AVENUE - MOUNTAIN MIKE'S PIZZA.) Mr. Ventura seconded. Carried unanimously. 15698 LOS GATOS BLVD/LONG'S DRUG STORE/RESOLUTION/APPEAL Mr. Carlson moved adoption of Resolution No. 1989-23 entitled, RESOLUTION GRANTING APPEAL OF PLANNING COMMISSION DENIAL OF CERTIFICATION OF AN ENVIRONMENTAL IMPACT REPORT AND PERMISSION TO OPERATE A SUPER DRUG STORE WITHIN THE EXISTING NOB HILL SHOPPING CENTER AND TO MAKE EXTERIOR MODIFICATIONS TO THJE EXISTING CENTER ON PROPERTY IN THE C- 1 ZONE (15698 LOS GATOS BOULEVARD - LONG'S DRUG STORE CALIFORNIA, INC.) Mr. Ventura seconded. Carried by a vote of 3 ayes. Mr. Ventura abstained. Mr. Hamilton voted no. 349 LOS GATOS BOULEVARD/BLACKWELL BROS./ORDINANCE 1781/ZONE CHANGE Mr. Carlson moved adoption of Ordinance No. 1781 entitled, AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONING ORDINANCE AFFECTING ZONE CHANGE NO. 82 OF ZONING MAP NO. 139 FROM R-1:8PD TO R-1D FOR THE PROPERTY LOCATED AT 349 LOS GATOS BOULEVARD. Mr. Ventura seconded. Carried unanimously. TOWN CODE CHAPTER 34/FALSE ALARMS/ORDINANCE 1782 Mr. Carlson moved adoption of Ordinance No. 1782 entitled, AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING CHAPTER 34 OF THE TOWN CODE RELATING TO SERVICE CHARGE FOR POLICE RESPONSE TO FALSE ALARMS AND MODIFYING THE APPEAL PROCEDURE. Mr. Ventura seconded. Carried unanimously. NANCY BURBANK/VERBAL COMMUNICATION/2% FOR THE ARTS Nancy Burbank, 108 Belcrest Drive, wished to express her thanks to staff for their timely and comprehensive report on the request for 2% for the arts. VERBAL COMMUNICATION/LETTER SUBMITTED Robert and Marylou Busch, 107 Alerche Dr., requested their letter be read into the minutes, regarding $2,000 bond and Hearst cable television. 16510 HARWOOD ROAD/APPEAL DENIAL/SUBDIVISION/FALTERSACK/HEARING 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 subdivision Application M-87-9A requesting approval of a two-lot subdivision and permission to reduce minimum land area required for each dwelling unit on 2.01 acres of property in the HR-1 zone. Property located at 16510 Harwood Road and owned by Fred Faltersack. Mr. Ferrito moved to continue the public hearing to March 20, 1989 as requested by appellant. Mr. Carlson seconded. Carried unanimously. 15755 BLOSSOM HILL/ZONE CHANGE/LATOS/HEARING/ORDINANCE INTRODUCTION Mayor Benjamin stated that this was the time and place duly noted for public hearing to consider Planning Commission's recommendation on Zone Change Application Z-80-17A and Architecture and Site application S-82-3A requesting permission to modify an approved planned development zone granted for a residential project. Modifications willinclude construction of six single family residential structures for property in the R-1:8000-PD zone. Property located at 15755 Blossom Hill Road. Property Owner, Nancy Latos: Applicant, David Neale. Linda Callan, representing Fountain Lane Properties, 27 Fountain Alley, San Jose spoke for the approval of the development and submitted a letter and pictures for the record. David Neale, Fountain Lane Properties, 27 Fountain Alley, San Jose. No one else from the audience wished to speak on this issue. Mr. Ventura moved to close the public hearing. Mr. Carlson seconded. Carried unanimously. Mr. Carlson moved to waive the BMP fees and to put the existing unit into the BMP pool. Mr. Ventura seconded. Carried unanimously. Mr. Ferrito moved to find that Application Z-80-l7A is consistent with the General Plan and made the findings as required by Section 3.65.040 of the Zoning Ordinance for demolition of a residential structure. Mr. Ventura seconded. Carried unanimously. Mr. Ferrito moved to waive reading of AN ORDINANCE OF THE TOWN OF LOS GATOSAMENDING ORDINANCE 1572 WHICH AMENDED THE ZONING ORDINANCE EFFECTING ZONE CHANMGE NO. 53 FROM R-1:8-PD. Mr. Carlson seconded. Carried unanimously. Clerk read the title of the Ordinance. Mr. Ferrito moved for introduction as amended of the Ordinance with the following amendments: elimination of section III, and renumbering from that point; rewording section II, part 3, to read Retention of a single family residence fronting on Camino del Cerro as a Below Market Price unit. Mr. Ventura seconded. Carried unanimously. 16060 CERRO VISTA COURT/APPEAL/BREZOCZKY Mayor Benjamin stated that this was the time and place duly noted for public hearing to consider appeal of Planning Commission's approval for the construction of a single family residence in the HR-1 zone. Architecture and Site Application S-88-58. Location 16060 Cerro Vista Drive. Property owner, B. Brezoczky. Applicant Mark B. Fredkin, Attorney-In-Fact for Dr. and Mrs. Balaban. Jason and Michelle Balaban spoke in favor of a continuance for this item. Mr. Ventura moved to continue this public hearing until March 6, 1989. Mr. Hamilton seconded. Carried unanimously. 167 VILLA AVENUE/APPEAL/TUZAR Mayor Benjamin stated that this was the time and place duly noted for public hearing to consider appeal of Planning Commission's denial for permission to maintain a driveway of less than the required width, maintain an existing 14- unit apartment building, and approval of plans to construct a nine-space parking lot on property in the R-M:5-12 zoning district. Variance application V-86-6, Conditional Use Permit Application U-86-19, and Architecture and Site Application S-65-14A. Location, 167 Villa Avenue, Property owner, Charles Tuzar, Jr. Larry Close, Attorney for Charles Tuzar, 167 Villa Ave., asked for a continuance. There was no one else from the audience to speak on the issue. Mr. Ferrito moved to close the public hearing. Mr. Ventura seconded, stating the lack of cooperation of the appellant regarding the rules, regulations and ordinances of the Town over a period of many years involving his rental units. Carried unanimously. Mr. Ferrito moved uphold the Planning Commission's decision and deny all zoning applications including V-86-6, U-86-19 and S-65-14A, and refer to the Town Attorney for preparation of the appropriate resolution. Mr. Ventura seconded. Carried with a vote of 4 ayes. Mr. Hamilton voted no. CODE ENFORCEMENT REFERRALS Council informational status report on referrals for code enforcement. ROUTE 85/17 INTERCHANGE/RIGHT-OF-WAY/CALTRANS Mayor Benjamin suggested that each Councilmember express for the record their reasons for action on the proposed interchange. Mayor Benjamin began by stating that Los Gatos Boulevard is a six lane road with left hand turn pockets; sidewalks; street lights; and commercial zoning between Blossom Hill Road and Highway 85. It is not a primary route for school children: Lark Avenue Bridge will be widened and the intersection at Lark and Los Gatos Boulevard will be widened and improved. ROUTE 85/17 INTERCHANGE/CONTINUED Mr. Ferrito added that when 85/17 bottlenecks, people coming from the over the hill will get off at Santa Cruz Ave. and continue on Winchester avoiding the freeway congestion. Cupertino dropped one of their proposed interchanges and saratoga only accepted one. Los Gatos has two, one at Bascom and one at 85/17. Mr. Carlson stated that Los Gatos has conformed to every single regional consensus that the Measure "A" Policy Advisory Board agreed to, and because of that Council has a right to do what is best for Los Gatos. The traffic figures show that the fewest critical intersections in Town resulted from Alternative 9E which Council chose. Mr. Carlson also suggested that the Resolution reflect the date of Council decision, that Alternative 9E was chosen after extensive public hearing and that determination was made with a 5-0 vote. Mr. Hamilton said that he did support the full interchange at Bascom but that he also supported the Winchester interchange. Mr. Ventura stated that Council had provided another interchange in Town and access to it. He also feels that a 1/2 interchange at Winchester would help relieve traffic congestion on Lark Ave. Mr. Carlson stated that we should remove attachment A and the map until modifications can be made which reflect Alternative 9E. Mr. Carlson moved for adoption of Resolution No. 1989-24 entitled, RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AUTHORIZING THE PURCHASE OF RIGHT-OF-WAY IN ADVANCE OF REVISED FREEWAY AGREEMENTS FOR THE ROUTE 85/17 FREEWAY INTERCHANGE. Mayor Benjamin seconded. Carried with a vote of 3 ayes. Mr. Hamilton and Mr. Ventura voted no. 2% FOR PUBLIC ART/ORDINANCE INTRODUCTION/RESOLUTION ADOPTION/PUBLIC ARTS PROGRAM Mr. Ferrito asked that item 38-70, page 6 be addressed at the public hearing. Mr. Carlson moved that Council schedule a public hearing for March 20, 1989, inorder to consider the policies and procedures for a public art program. Mr. Ventura seconded. Carried unanimously. ADVOCARE/10 KILOMETER RACE Mr. Hamilton moved to approve the request by ADVOCARE to hold its second annual 10-kilometer race on Sunday, April 30, 1989 subject to ten restrictions outlined in staff report and the stipulation that the sponsor reimburses the Town for total expenses incurred by the sponsor. Mr. Ventura seconded. Carried unanimously. BUS STATION/PEERLESS STAGES Ron Curtis, Treasurer, Peerless Stages, Inc, 2040 Castro St., Oakland, CA spoke in favor of rent reduction for the use of facility by Peerless Stages. BUS STATION/PEERLESS STAGES/CONTINUED Mr. Ventura moved to authorize the Town Manager to enter into a lease with Peerless Stage Lines for the Town owned bus facility at 145 south Santa Cruz Avenue through June 30, 1989 at a lease rate for $200.00 per month. Mr. Carlson seconded. Carried unanimously. Mr. Carlson moved to have a proposal submitted from staff which would address maintenance rate on the bus station to be included in 1989-90 budget. Mr. Ventura seconded. Carried unanimously. REMOVAL OF COMMISSIONERS/ORDINANCE INTRODUCTION Mr. Hamilton moved to waive the reading of ORDINANCE OF THE TOWN OF LOS GATOS AMINDING SECTION 2-30 OF THE TOWN CODE AND ADDING SECTION 2.55 RELATING TO REMOVAL OF BOARD AND COMMISSION MEMBERS. Town Clerk read title of Ordinance. Mr. Carlson seconded. Carried by a vote of 4 ayes. Mr. Ventura voted no. REVENUE AND TAX COLLECTION/FINANCE MANAGER Mr. Carlson asked that the Clerk's Office retain a record of verification of deposits and that the Revenue Clerk's collection of fees be referenced as a revenue procedure. Mr. Carlson moved for approval of report on implementation plan for duties of Town Clerk and transferring responsibilities for revenue and tax collection to Finance Manager. Mr. Ventura seconded. Carried by a vote of 4 ayes. Mr. Hamilton voted no, and wished the record to show that he did not support this fundamental change to the Office of the Town Clerk. FEMA FUNDS/AUTHORIZATION TO PROCEED Mr. Carlson moved that Council authorize the following purchases from FEMA funds: eight personal computers; one optical reader; additional word processing and spreadsheet training; miscellaneous equipment and contingencies at a total not to exceed $50,862. Mr. Hamilton seconded. Carried unanimously. MIDYEAR BUDGET REVIEW 1988-89 Council informational report approved as submitted. VILLA VASONA/CROSSWALK/BEACONS/RED CURB Mr. Hamilton moved denial of the request of Ms. Naomi Berg (Manager of Villa Vasona) for implementation of a striped crosswalk and flashing yellow beacon, but grant the extension of existing red curb at the driveway of the Villa Vasona complex on West Parr Avenue. Mr. Carlson seconded. Carried unanimously. CROSSWALK/LOS GATOS-ALMADEN AND CARLTON Mr. Ferrito moved that Council deny Mr. Anthony DeMartini's request to have a crosswalk installed on Los Gatos-Almaden Road near Carlton Avenue. Mr. Carlson seconded. Carried with a vote of 4 ayes. Mr. Ventura voted no, stating that he wished to allow Mr. DeMartini an additional opportunity to speak on the issue. OPEN SPACE/BLOSSOM HILL/RESOLUTION NO. 1989-25 Mr. Ferrito moved that Council adopt Resolution No. 1989-25 entitled, RESOLUTION AUTHORIZING AGREEMENT TO PREPARE A COMPREHENSIVE OPEN SPACE STUDY FOR THE BLOSSOM HILL AREA, authorizing the Town Manager to execute the agreement with Tito Patri and Associates, and payment be made for the study from Planning Department Budget account. Mr. Ventura seconded. Carried unanimously. ROUTE 85/LAND USE POLICIES Mr. Carlson moved for consensus that cities limit growth to that which can be supported by existing transportation system and to develop some sort of enforcement mechanism for policy #1. Mayor Benjamin accepted the consensus motion. There were none dissenting. COUNCIL COMMITTEE REPORTS Mr. Hamilton reported on the Emergency Preparedness Committee and the lower flight altitudes around the valley for radar review. ARSA will provide guidelines. ADJOURNMENT Mayor Benjamin adjourned the meeting at 10:15 p.m., to be continued to Monday, February 27, 1989, at 7 p.m. in the Council Chambers. ATTEST Marian V. Cosgrove Town Clerk