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M 01-17-89TOWN OF LOS GATOS CALIFORNIA TOWN COUNCIL/PARKING AUTHORITY AGENDA JANUARY 17, 1989 TOWN COUNCIL The Town Council/Parking Authority met in the Council Chambers of Town Hall at 7:53 p.m., in regular session. ROLL CALL PRESENT:Thomas J. Ferrito, Robert L. Hamilton, Brent N.Ventura and Mayor Joanne Benjamin. ABSENT:Eric D. Carlson. PLEDGE OF ALLEGIANCE Given by all in attendance. CLOSED SESSION Mary Jo Levinger, Town Attorney, reported that Council had met in Closed Session pursuant to Government Code Section 54956.9(a) in regards to Town v. Gallagher. There is no report from that discussion. Pursuant to Government Code Section 54956.9(b) in regards to Brasher Worker's Compensation Matter, Council indicated that the worker compensation matter would be settled in the amount of $9,870. Pursuant to Government Code Section 54956.9(b) in regards to claim of Mildred Bernstein, the matter was not discussed. Pursuant to Government Code Section 54956.9(c) in regards to Institution of Litigation re: Villa Vasona, there is no report from that discussion. Pursuant to Government Code Section 54956.9(c) in regards to Institution of Litigation re: Forrester Road right-of-way encroachment and trail installation, litigation has been authorized and outside counsel retained. PUBLIC HEARING SCHEDULE Council informational report. PAYROLL JANUARY 13, 1989 PAYROLL & RELATED WARRANTS Mr. Ventura moved for the approval of January 13, 1989 payroll in the amount of $190,728.12 and payroll related warrants in the amount of $151,460.86. Mr. Hamilton seconded. Carried by a vote of 4 ayes. Mr. Carlson absent. ACCOUNTS PAYABLE JANUARY 1989 Mr. Ventura moved for the ratification of the check register for accounts payable invoices paid on January 10, 1989. Mr. Hamilton seconded. Carried by a vote of 4 ayes. Mr. Carlson absent. CODE COMPLIANCE REPORT Council informational report. ALCOHOLIC BEVERAGE LIC. APPLICATION Mr. Ventura moved for the approval of transfer for an on site beer and wine license at 206 N. Santa Cruz Avenue, Good Earth Restaurant, and at 50 University Avenue, Miami's Rooftop Cafe. Mr. Hamilton seconded. Carried by a vote of 4 ayes. Mr. Carlson absent. STRAWBERRY FESTIVAL JUNE 17-18 1989 Mr. Ventura moved to approve the Eastfield Ming Quong Children's Society request to use Civic Center and Neighborhood Center facilities for the 29th Annual Strawberry Festival, subject to the following staff recommendations. Mr. Hamilton seconded. Carried by a vote of 4 ayes. Mr. Carlson absent. YOUTH ADVISORY COMMISSION DANCE Mr. Ventura moved to approve a dance to be held February 18, 1989 from 8:00 p.m. to midnight at the Los Gatos Downtown Neighborhood Center contingent upon the following staff recommendations: an approved dance permit; an approved chaperone instruction sheet; a format for band judging and distribution list; submittal and adherence to organizational timeline. Mr. Hamilton seconded. Carried by a vote of 4 ayes. Mr. Carlson absent. Mr.Ventura moved to accept expenditure of $725.00 from the Yac's funds held in the Town's Deposit Account. Mr. Hamilton seconded. Carried by a vote of 4 ayes. Mr. Carlson absent. ROBERTS ROAD CLOSURE BETWEEN BLOSSOM HILL & UNIVERSITY Mr. Ventura moved to approve the Map of Notification for Public Hearing for the possible closure of Roberts Road between University Avenue and Blossom Hill Road for April 17, 1989. Mr. Hamilton seconded. Carried by a vote of 4 ayes. Mr. Carlson absent. BARBARA JORDAN RESIGNATION MUSEUM COMMISSION Mr. Ventura moved to accept with regrets the resignation of Barbara Jordan from the Museum Commission effective immediately, and to authorize the Town Clerk to advertise the vacancy on the Museum Commission with a closing date of February 15,1989 and interviews with the Town Council on February 21, 1989. Mr. Hamilton seconded. Carried by a vote of 4 ayes. Mr. Carlson absent. COUNCIL MEETING SCHEDULE Mr. Ventura moved to approve the revised Town Council Meeting Schedule 1988-89 Fiscal Year. Mr. Hamilton seconded. Carried by a vote of 4 ayes. Mr. Carlson absent. 15347 NATIONAL APPEAL DENIAL Mr. Ventura moved to adopt Resolution No. 1989-3, entitled RESOLUTION DENYING APPEAL OF PLANNING COMMISSION DENIAL OF ZONE CHANGE APPLICATION REQUIRING AN ENVIRONMENTAL IMPACT REPORT AND REQUEST OF CHANGE IN ZONING FROM R-1:8000 TO R-1:8000 PD AND REQUESTING PERMISSION TO CONSTRUCT AN 80 ROOM SENIOR CITIZEN RETIREMENT HOME. Mr. Hamilton seconded. Carried by a vote of 4 ayes. Mr. Carlson absent. 3OO BLOSSOM HILL ZONE CHANGE ORDINANCE Mr. Ventura amoved to adopt Ordinance No. 1779. entitled AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONING ORDINANCE AFFECTING ZONE CHANGE NO. 81 FROM 0, R-1:8000 & RM:5-20 TO R- 1:8000-PD. Mr. Hamilton seconded. Carried by a vote of 4 ayes. Mr. Carlson absent. VERBAL COMMUNICATIONS John Spaur, 132 Nino Court, with Community Services Commission spoke of the plans for developing a grant in conjunction with the Recreation Department for the purpose of child care. The purpose of this communication was to advise Council as to the need for a Resolution in support of this grant from the Town. APPEAL 17471 WEDGEWOOD Mayor Benjamin stated that this was the time and place duly noted for continued public hearing to consider appeal of Planning Commission's approval of a two lot subdivision of property in the R-1:8000 zone. Subdivision Application M-88-11. Location: 17471 Wedgewood Avenue. Property owner: John Anastasia. Applicant: F. Dennis Burrow, AIA. Mr. Ventura received and listened to the tape of the first public hearing on this matter and is eligible to vote. Dennis Chambers, 14333 Mulberry Dr., stated that he would like the assurance that there would be no flag lots permitted and that he would withdraw his petition on this subdivision. He would also like the old house on the property demolished. No one else from the audience wished to speak on this issue. Mr. Ventura moved to close the public hearing. Mr. Ferrito seconded. Carried by a vote of 4 ayes. Mr. Carlson absent. Mr. Ferrito moved to deny the appeal. Mr. Ventura seconded. Carried by a vote of 4 ayes. Mr. Carlson absent. PRESENTATION BILL HARDWICKE Commendation was made to Bill Hardwicke, Sr. Fire Investigator, from the Town of Los Gatos, for his efforts in investigating and apprehending a suspect in the recent arson fires that occurred in Los Gatos. Mayor Benjamin made the presentation to Mr. Hardwicke along with Fire Chief Doug Sporleder. APPEAL- 761 UNIVERSITY Mayor Benjamin stated that this was the time and place duly noted for continued 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, use by a resident manager and to merge five existing lots into three lots in the LM Zone. Property location, 761 University Avenue; property owner, Jon P. Anderson. Richard Gains, 340 Johnson Ave., spoke to the fact that the appeal still remains as submitted. John Knott, Public Storage, Inc., 11828 Dublin Blvd., Dublin addressed the projects reconsideration of parking places and handicapped accessibility. Dirk reed, 24250 Loma Prieta, owner of neighboring property, spoke in favor of project. Mark Waters, 1310 Hollenbeck, Sunnyvale, owner of a Los Gatos mini- warehouse, spoke in favor of the project, and asked questions regarding the possibility of future commercial conversion. No one else from the audience wished to speak on this issue. Mr. Hamilton moved to close the public hearing. Mr. Ventura seconded. Carried by a vote of 4 ayes. Mr. Carlson absent. Mr. Ventura moved to deny the appeal and modify the decision of the Planning Commission finding that the Planning Commission erred in not considering the utilization of additional retail service; in not looking to the future use of the building if the single use were changed; and not incorporating the use of additional landscape screening on site. Mr. Hamilton seconded. Carried by a vote of 4 ayes. Mr. Carlson absent. Mr.Ventura moved for approval of the project with the conditions stated in the staff report adding in the in lieu fee for traffic; that the square footage of the building be reduced to comply with the parking requirements; that building B be reduced at the south east corner for a landscape area to the satisfaction of Parks and Forestry Department; that vines be planted to cover the walls of the two story buildings; that plans for building conversions consistent to our zoning ordinances be submitted to the satisfaction of staff, Mr. Hamilton seconded. Carried by a vote of 3 ayes. Mr. Ferrito voted no, stating that "it's not a question of the LM Zone or the use, I feel that at this stage we've refined and refined and I think we're making a decision one step short of the end of the process." Mr. Carlson absent. BLOSSOM HILL/CHERRY BLOSSOM ZONE CHANGE (THE TERRACES) Mayor Benjamin stated that this was the time and place duly noted for public hearing to consider request for approval of a revised official development plan to modify the previously approved plan for construction of a continuing care retirement community in the RM:5-20-PD zone. Zone change application Z-85- 2A. Property location: Blossom Hill Rd. and Cherry Blossom Lane; Property owner: American Baptist Homes of the West (The Terraces). Mr. Bowman gave staff report on the new configurations of the project, addressing questions from Council concerning size, dimension, height, grading and project placement on site. Glenn Rouse, 230 Vista Del Monte, Chairman of Trustees of the Terraces spoke of the years of dedicated work that has gone in to this project. Bill Falik, Land use Attorney for ABHOW, spoke for the professional soundness of the project. Dr. Richard Ice, 19427 Forest Place, Castro Valley, explained that background and history of ABHOW, and how the cost has been brought down to make the project economically feasible. Kenneth Houge, 256 Los Banos Ave., Walnut Creek, Assistant Vice-President of Facilities ABHOW, spoke about the architectural plans for the project. Michael Kelly, 455 Beach Street, San Francisco, with Stone, Marraccini and Patterson, architect and design lead for the project, outlined the conceptual package. Vicki Schmitzer, 844 Lilac Way, addressed the issue of lower rental homes for seniors. Gerry Murphy, 101 Cherry Blossom Way, would like to have the project at a lower height and less massive. Lee Anne Daily, 15666 Cherry Blossom Lane, is concerned with the massiveness and would accept additional off haul in order to ensure a lower overall height. Mrs. Fred Callis, 14640 Golf Links Drive, spoke for the project and to the fact that landscaping growth would hide and soften the effect of a large project. Darrell Freeman, 925 Cherrystone, welcomed the project and the potential residents to the neighborhood. Jack Vanezio, 108 Magneson Terrace, spoke against the height and the fact of the project's visibility in his neighborhood, although he is not against the concept of the project. Jim Conlignito, Longwood Drive, addressed the need for more open space within the development. Bill North, 116 Magneson Terrace, asked for a reduction in the size of the complex. Susan Lassetter, 928 Cherrystone, is in favor of integrated living but would like to see smaller living units. Noel Brown, 18908 Westview Drive, would like to see the project approved so he could move in. Woody Needham, 1620 Azaela, is concerned about the size and density. Cheryl Wimberly, 15961 Quail Hill Road, supports the project and would like to see it approved. Lois Anderson, 236 Gregg Drive, would like to see project approval. Francine Ronald, 112 Magneson Terrace, states the project is too massive and she will live immediately behind a three story building. Ruth Shoots, 15860 Poppy Lane, would like project approval. John Spaur, 132 Nina Crt., spoke for the project, its design and the bell tower. Lauren Olson 15400 Winchester Blvd., spoke in favor of the project. Thomas Leo, 132 Magneson Terrace, has lived in the area 20 years and is in favor of the project. Susan Fry, Jasmine Way, feels that the project is too massive, too high, and should be made lower. Tom Shafer, 16238 Los Gatos-Almaden Road is in favor of the project and does not feel that it will cause a problem for the school. John Bouquet, 117 Fancher, has been in favor of this project for 12 years. Dr. Melford Jorgenson, 134 Hernandez felt that this project would be the best of its kind in California. RECESS Mayor Benjamin declared a fifteen minute recess at 11:10 p.m. The meeting resumed at 11:25 p.m. BLOSSOM HILL/CHERRY BLOSSOM ZONE CHANGE (CONTINUED) Joseph Neely, 124 Magneson Terrace, spoke of the visual impacts to those living in close proximity to the project. Bill Falik, counsel for ABHOW, addressed issues raised by the public. Mr. Ferrito spoke to the power of the Planning Commission over design plan. Mayor Benjamin mentioned that "This is a PD, it's not the Architectural and Site-", "I thought this was for a PD, and that's what we were discussing, and not the specific architecture. Mike Kelly spoke as architect for the project: clock tower was proposed in the original plans; a three story building was approved two years ago; grading would reduce functions, the project could be lowered 6" or 1' but not 11'/ Mr. Ventura moved to continue the meeting past midnight. Mr. Hamilton seconded. Carried by a vote of 4 ayes. Mr. Carlson absent. Dr. Ice concluded the statements for the project. No one else spoke on this issue. Mr. Ventura moved to close the public hearing. Mr. Hamilton seconded. Carried by a vote of 4 ayes. Mr. Carlson absent. Mr. Ventura mentioned that changes in the PD ordinance must be made by consensus, then ordinance redrafted before adoption by Council. Mr. Ferrito felt that design change was the prerogative of the Planning Commission. Mayor Benjamin moved for consensus to try to reduce the height and lower the roof line with the use of eves to bring the visual perception Down. Mr. Ventura seconded. Carried by a vote of 3 ayes. Mr. Ferrito voted no. Mr. Carlson absent. Mayor Benjamin moved for consensus that an attempt be made to grade as much as possible starting from the east part of the site and make the site as flat as possible so that the whole project will be reduced in height. Mr. Ventura seconded. Carried by a vote of 4 ayes. Mr. Carlson absent. Mayor Benjamin moved for consensus to look at some type of sound wall between Magneson Terrace and the project. Mr. Ventura seconded. Carried by a vote of 3 ayes. Mr. Hamilton voted no. Mr. Carlson absent. Mr. Ventura moved for consensus that the builders maximize the use of masonry, wood and stone in construction materials in order to blend in with the adjacent neighborhoods. Mayor Benjamin seconded. Carried by a vote of 4 ayes. Mr. Carlson absent. Mr. Ventura moved for consensus to direct the designers to look at reducing the size of the residential units by 60 square feet. Motion died for lack of a second. Mr. Ventura moved to require double rows of large growing evergreen trees around the perimeter that will screen the project. Motion died for lack of second. Mayor Benjamin moved for consensus that the landscaping provide adequate screening around the total project. Mr. Ventura seconded. Carried by a vote of 4 ayes. Mr. Carlson absent. Mr. Ventura moved for consensus to try to provide a buffer between Blossom Hill Road and the independent living units whether through a berm or a wall or some additional landscaping. Motion died for lack of second. Mr. Ventura moved for consensus to try to increase the space between the two central buildings in order to break up the central mass. Mr. Ferrito seconded. Carried by a vote of 4 ayes. Mr. Carlson absent. Mr. Ventura moved for conceptual approval of the PD ordinance and requests staff to formulate an amended PD ordinance with the inclusion of items that have been adopted by consensus for Council's adoption at next regular meeting. Mr. Hamilton added an amendment to the motion which would change the wording in item number 24, to read that grading could be accomplished with proper mitigation. Mr. Hamilton seconded. Carried by a vote of 3 ayes. Mr. Ferrito voted no for the following reasons: individual housing units have been replaced by a large central complex giving institutional feeling to the project; car ports have been replaced by parking garage; two buildings have been moved substantially closer to the roads; need to increase offhaul to lower grade; one building has been increased by 4000 square feet without a reason why; additional three story structures in this proposal; there is no large central open area; there are large continuous buildings that could reach 38' in height; there is a sharp contrast to the original plans; report indicates that the approved PD consists of more open space, less building coverage, less visual impact due to the small scale buildings throughout the site. Mr. Carlson absent. FALSE ALARMS CHAPTER 34 Mayor Benjamin stated that this was the time and place duly noted for public hearing to consider introduction of AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING CHAPTER 34 OF THE TOWN CODE RELATING TO POLICE RESPONSE TO FALSE ALARMS. No one from the audience wished to speak on this issue. Mr. Ventura moved to close the public hearing. Mr. Hamilton seconded. Carried by a vote of 4 ayes. Mr. Carlson absent. Mr. Ferrito moved to have this matter come back for adoption after further modification by staff. Mayor Benjamin seconded. Carried by a vote of 4 ayes. TOXIC GAS MODEL ORDINANCE Mr. Ventura moved that Council support adoption of Draft Model Ordinance for Toxic Gas Regulation as written. Mr. Ferrito seconded. Carried by a vote of 4 ayes. Mr. Carlson absent. COUNTY REFERRALS Mr. Ferrito moved to direct staff to forward a recommendation for denial of county referral 3848-31-53-88V, 16181 Escobar, Motion, Variance. Mr. Hamilton seconded. Carried by a vote of 3 ayes. Mr. Ventura voted no. Mr.Carlson absent. SECONDARY DWELLING UNITS ABATEMENT Mr. Ferrito moved to proceed with abatement, staff instructed to ensure that letters go to the 11 parties that have not complied. Mr. Ventura seconded. Carried by a vote of 4 ayes. CROSSING GUARDS SALARY INCREASE Mr. Ventura moved to increase school crossing guard salary from $6.90-$8.81 Per hours to $8.48-$11.28 per hour and to adopt Resolution No. 1989-4, entitled RESOLUTION SETTING TEMPORARY EMPLOYEE SALARIES FOR FISCAL YEAR 1988-89 to implement this change. Mr. Ferrito seconded. Carried by a vote of 4 ayes. Mr. Carlson absent. VILLA VASONA CDBG FUNDS FOR GATE Mr. Hamilton moved to continue this item to January 23, 1989 Council meeting. Mr. Ferrito seconded. Carried 4 ayes. Mr. Carlson absent. PROJECT 8707 EAST MAIN ST. TRAFFIC ANALYSIS Mr. Hamilton moved to continue this item to January 23, 1989 Council meeting. Mr. Ferrito seconded. Carried 4 ayes. Mr. Carlson absent. 471 SANTA ROSA APPEAL DENIAL Mr. Hamilton moved to continue this item to January 23, 1989 Council meeting. Mr. Ferrito seconded. Carried 4 ayes. Mr.Carlson absent. FINANCE DIRECTOR REVENUE & TAX COLLECTOR Mr. Hamilton moved to continue this item to January 23, 1989 Council meeting. Mr. Ferrito seconded. Carried 4 ayes. Mr. Carlson absent. MINUTES JANUARY 3, 1989 Mr. Hamilton moved to continue this item to January 23, 1989 Council meeting. Mr. Ferrito seconded. Carried 4 ayes. Mr. Carlson absent. MINUTES JANUARY 9, 1989 Mr. Hamilton moved to continue this item to January 23, 1989 Council meeting. Mr. Ferrito seconded. Carried 4 ayes. Mr.Carlson absent. STATUS/CODE ENFORCEMENT Mr. Hamilton moved to continue this item to January 23, 1989 Council meeting. Mr. Ferrito seconded. Carried 4 ayes. Mr. Carlson absent. HILOW ROAD IMPROVEMENTS Mr. Hamilton moved to continue this item to January 23, 1989 Council meeting. Mr. Ferrito seconded. Carried 4 ayes. Mr. Carlson absent. CROSSWALK LOS GATOS ALMADEN ROAD Mr. Hamilton moved to continue this item to January 23, 1989 Council meeting. Mr. Ferrito seconded. Carried 4 ayes. Mr. Carlson absent. CROSSWALK SARATOGA AVE./AT MASSOL Mr. Hamilton moved to continue this item to January 23, 1989 Council meeting. Mr. Ferrito seconded. Carried 4 ayes. Mr. Carlson absent. 13980 BLOSSOM HILL PARKING PROHIBITION Mr. Hamilton moved to continue this item to January 23, 1989 Council meeting. Mr. Ferrito seconded. Carried 4 ayes. Mr. Carlson absent. ADJOURNMENT Mr. Hamilton moved the meeting be adjourned at 1:15 a.m. Tuesday, January 18, 1989, to an adjourned regular Council meeting on Monday, January 23, 1989, to an adjourned regular Council meeting on Monday, January 23, 1989, at 7:30 p.m. Mr. Ferrito seconded. Carried 4 ayes. Mr. Carlson absent. ATTEST: Marian V. Cosgrove Town Clerk