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M 03-19-90TOWN OF LOS GATOS CALIFORNIA TOWN COUNCIL/PARKING AUTHORITY March 19, 1990 Minutes TOWN COUNCIL The Town Council/Parking Authority of the Town of Los Gatos met in the Council chambers of Town Hall, 100 E. Main St., at 7:53 p.m., Monday, March 19, 1990, in regular session. ROLL CALL Present:Joanne Benjamin, Eric D. Carlson, Robert L. Hamilton, Brent N. Ventura and Mayor Thomas J. Ferrito. Absent:None. PLEDGE OF ALLEGIANCE Given by all in attendance. APPOINTMENT/PARKS COMMISSION/ARDITH SAMS Applications were received for one vacancy on the Parks Commission from Millie Bernstein, Ted Geredes, and Ardith Sams. Voting was held and Ardith Sams was reappointed. New term to expire April 1, 1994. APPOINTMENT/PERSONNEL BOARD/LEON WILLNER Application was received for one vacancy on the Personnel Board from Leon Willner. Mr. Willner was appointed. Term to expire September 1, 1994. APPOINTMENT/COUNCIL ON AGING/RAYMOND E. BENOIT Application was received for one vacancy on the Council on Aging from Raymond E. Benoit. Mr. Benoit was appointed. Term to expire July 1, 1991. PRESENTATION OF PROCLAMATION/AMERICAN LUNG ASSOCIATION/CLEAN AIR WEEK DON'T DRIVE ALONE DAY/CAITLIN KERK Mayor Ferrito presented Caitlin Kerk, representing the American Lung Association, with a proclamation from the Town of Los Gatos proclaiming the week of May 7, 1990 as "Clean Air Week" and further proclaiming the day of May 10, 1990 as "Don't Drive Alone Day". TC:D1:031990 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) to discuss Pending Litigation regarding Kang Ming Ho vs Los Gatos Town Council. Report announces that the Court of Appeal in this matter has reinstated the automatic stay in this case. (Mayor Ferrito explained that Los Gatos Open Space is once again, at least temporarily, protected from the road proposal of Dr. Ho by this court action.) Also discussed under this code section was Town of Los Gatos vs Lake and Faltersack. This matter has been settled. CLOSED SESSION CONTINUED Pursuant to Government Code Section 54956.9(c), Institution of Litigation regarding Route 85 was not discussed. This matter will be discussed in Closed Session at the conclusion of this evening's meeting. Pursuant to Government Code Section 54957 regarding Personnel. There is no report from this item tonight but there will be a report on the next Council Agenda. SCHEDULE OF PUBLIC HEARINGS Informational report regarding currently scheduled public hearings was received and filed. COUNTY REFERRALS Informational report regarding county referrals was received and filed. PAYROLL/RATIFICATION/MARCH 9, 1990 Motion by Mrs. Benjamin, seconded by Mr. Carlson, for ratification of the accompanying check registers for payroll in the amount of $262,587.71 paid on March 9, 1990. Carried unanimously. ACCOUNTS PAYABLE/RATIFICATION/MARCH 1990 Motion by Mrs. Benjamin, seconded by Mr. Carlson, for ratification of accounts payable invoices and accompanying check registers for accounts payable invoices in the amount of $374,289.57 paid on March 2, 3, and 9, 1990. Carried unanimously. 8904B PROJECT/ANNUAL SIDEWALK RECONSTRUCTION/EARTHQUAKE REPAIRS FEMA - APPROVAL OF PLANS AND SPECIFICATIONS/RESOLUTION 1990-68 Motion by Mrs. Benjamin, seconded by Mr. Carlson, that Council adopt Resolution 1990- 68 entitled, RESOLUTION OF THE TOWN OF LOS GATOS APPROVING PLANS AND SPECIFICATIONS FOR PROJECT 8904B - ANNUAL SIDEWALK RECONSTRUCTION/EMERGENCY EARTHQUAKE DAMAGE REPAIRS/FEMA - APPROVAL OF PLANS AND SPECIFICATIONS. List of areas to be reconstructed under TC:D1:031990 this project is attached to report as Exhibit "B". Carried unanimously. FEES/PLANNING DEPARTMENT/RESOLUTION 1990-69 Motion by Mrs. Benjamin, seconded by Mr. Carlson, that Council adopt Resolution 1990- 69 entitled, RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS ADOPTING FEES FOR ZONING, CALIFORNIA ENVIRONMENTAL QUALITY ACT AND SUBDIVISION PROCEEDINGS AND FOR VARIOUS PLANNING SERVICES. Carried by a vote of 3 ayes. Mr. Hamilton voted no. Mr. Ventura abstained. Both for reasons stated in previous record. MUSEUM COMMISSION/RESIGNATION/JULIE KELLER/RESOLUTION 1990-70 Motion by Mrs. Benjamin, seconded by Mr. Carlson, that Council adopt Resolution 1990- 70 entitled, RESOLUTION OF THE TOWN OF LOS GATOS COMMENDING JULIE KELLER OF THE LOS GATOS MUSEUM COMMISSION and accept with regrets her resignation from the Museum Commission. Carried unanimously. EARTHQUAKE PREPAREDNESS MONTH/APRIL 1990/RESOLUTION 1990-71 Motion by Mrs. Benjamin, seconded by Mr. Carlson, that Council adopt Resolution 1990- 71 entitled, RESOLUTION OF THE TOWN OF LOS GATOS RECOGNIZING APRIL 1990 AS EARTHQUAKE PREPAREDNESS MONTH. Carried unanimously. MARIPOSA COURT 73/RENIE LOCKE/APPEAL PC APPROVAL/RESOLUTION 1990-72 Motion by Mrs. Benjamin, seconded by Mr. Carlson, that Council adopt Resolution 1990- entitled, RESOLUTION OF THE TOWN OF LOS GATOS DENYING APPEAL OF PLANNING COMMISSION IN GRANTING APPROVAL OF PLANS FOR A SECOND- STORY ADDITION TO A SINGLE-FAMILY RESIDENCE IN THE R-1:8000 ZONE (73 MARIPOSA COURT - RENIE LOCKE), which incorporates the Council findings and decision at its meeting of March 5, 1990. Carried by a vote of 3 ayes. Mr. Ventura and Mayor Ferrito voted no for reasons stated in previous record. WATER DRAINAGE FEES/ARTICLE VII/CHAPTER 27/TOWN CODE/ORDINANCE 1814 Motion by Mrs. Benjamin, seconded by Mr. Carlson, that Council adopt Ordinance 1814 entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING ARTICLE VII OF CHAPTER 27 RELATING TO STORM AND SURFACE WATER DRAINAGE FEES, which was introduced at the Town Council meeting of March 5, 1990. Carried unanimously. HISTORIC DISTRICT PROJECT FEES/ZONING ORDINANCE AMENDMENT/ORDINANCE 1815 TC:D1:031990 Motion by Mrs. Benjamin, seconded by Mr. Carlson, that Council adopt Ordinance 1815 entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONING ORDINANCE TO PERMIT DEVELOPMENT REVIEW COMMITTEE APPROVAL FOR MINOR PROJECTS AND TO REQUIRE ARCHITECTURE AND SITE APPROVE APPLICATION FEES FOR PROJECTS WITHIN THE HISTORIC DISTRICT OR FOR DESIGNATED LANDMARKS, which was introduced at the Town Council meeting of March 5, 1990. Carried by a vote of 4 ayes. Mr. Ventura abstained for reasons stated in previous record. LOT LINE ADJUSTMENTS/SUBDIVISION ORDINANCE AMENDMENT/ORDINANCE 1816 Motion by Mrs. Benjamin, seconded by Mr. Carlson, that Council adopt Ordinance 1816 entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE SUBDIVISION ORDINANCE SECTION OF THE TOWN CODE TO PERMIT DEVELOPMENT REVIEW COMMITTEE APPROVAL OF LOT LINE ADJUSTMENTS, which was introduced at the Town Council meeting of March 5, 1990. Carried unanimously. TREE PLANTING FEES/TOWN CODE AMENDMENT/CHAPTER 13/ORDINANCE 1817 Motion by Mrs. Benjamin, seconded by Mr. Carlson, that Council adopt Ordinance 1817 entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING CHAPTER 13 RELATING TO THE FEE FOR LARGE SCALE TREE PLANTING, which was introduced at the Town Council meeting of March 5, 1990. Carried unanimously. HEARINGS LARK AVENUE 16775/YUKI FARMS/DERUS-BARKER/APPEAL HEARING Mayor Ferrito stated that this was the time and place duly noted for public hearing to consider an appeal of the Planning Commission decision in denying the request for a change of zone from R-1:8,000 to R-1:8,000-PD in order to permit the development of an eight lot single-family residential subdivision of 2.69 acres of land. M-89-12 and Negative Declaration ND-89-3, located at 16775 Lark Avenue. Property Owner Yuki Farms, Incorporated. Applicant Richard Derus/Lac Barker. The following item was heard at the same time as this matter, and both were acted on as one item. OKA ROAD/YUKI FARMS/DERUS-BARKER/APPEAL HEARING Mayor Ferrito stated that this was the time and place duly noted for public hearing to consider the appeal of the Planning Commission decision in denying the request of a change of zone from R-1:8,000 to R-1:8,000-PD in order to permit the development of a 31 lot single family residential subdivision of 9.63 acres of land located on Oka Road. Subdivision Application M-89-11. Negative Declaration ND-89-4. Property Owner Yuki Farms, Incorporated. Applicant Richard Derus/Lac Barker. TC:D1:031990 The following people from the audience addressed these issues: Richard Derus, representing Yuki Farms, 246 Vista Del Monte, expressed his views on this development and stated that the Planning Commission had erred, submitting a letter from the traffic authority showing that 40 homes would be removed from this area which was substantially more that the 17 that had been reported previously. This would make a great difference in the traffic impact on Lark Ave. Mike Meyer, president of Greenbrier Homes, 4340 Stevens Creek Blvd., spoke in favor of the project and asked the Council to make a decision on zoning and density, expressing the view that this area was appropriate for higher density. Marv Kirkeby, 2000 9B Stevens Creek Blvd., Cupertino, civil engineer on the intended project, spoke in favor of the development, and contended that there was no traffic impact to the area in question due to the removal of 40 homes by the Traffic Authority. Milton Mintz, 16360 Shannon Road, representing the owners of the property, spoke in favor of the project. There was no one else who wished to speak to these issues. Motion by Mrs. Benjamin, seconded by Mr. Ventura, to close the public hearing. Carried unanimously. Comments from Council: Mrs. Benjamin stated that Council needs to give direction for this area and then uphold that decision. Mayor Ferrito did not feel that the Planning Commission had erred but stated that there has been a desire for higher density near the freeway provided there was also provision for mass transit. One cannot have the transit without the density, and the density should not exist without provision for implementation of a transit system. This area could also be viewed for the development of an affordable housing program. HEARINGS CONTINUED LARK AVE. CONTINUED Mr. Hamilton was not clear on the zoning policy in this area stating that the overlay zone that does exist should be the one available to the developer at this time. Mr. Carlson stated that the decision as to the zoning in this area depends upon the freeway agreements being finalized. Until this larger decision is made the plans for the Mozart, Oka, Lark Ave. area can not be made. Mr. Carlson did feel that the Planning Commission did err in missing the traffic impact that does not exist in this proposal. Mr. Carlson would like to wait for the final freeway decisions to be made in order to hopefully use this area for more affordable housing rather than the lighter density provided in the proposed project. Mr. Ventura agreed that area access designs coordinated with the freeway access plans plus the assurance that accessible transit is available is all necessary before the area can be TC:D1:031990 developed with planned higher density by way of supplying affordable housing. It is premature to allow for lighter density at this time. Motion by Mr. Carlson, seconded by Mr. Ventura, that Planning Commission did not make substantive error with respect to the need to consider this property as part of our General Plan. Since the freeway decision is imminent within the next few months the Council should wait before making a decision. Carried by a vote of 4 ayes. Mr. Hamilton voted no for reason indicated in comments. LOS GATOS BOULEVARD 16101/LA MANCHA DEVELOPMENT/HEARING Mayor Ferrito stated that this was the time and place duly noted for public hearing to reconsider a request for approval of plans for the construction of a shopping center in the CH zone. Negative environmental impacts have been identified by the Town and an Environmental Impact Report is required in order for any approval to be granted. Since an environmental impact report has not been completed, the recommendation must be for denial. Architecture and Site Application S-89-41. Conditional Use Permit U-89-12. Property, 16101 Los Gatos Boulevard. Owner, La Mancha Development Company. There was no one from the audience who wished to address this issue. Mayor Ferrito stated that a letter had been received by Council today from Linnard Lane of La Mancha Development Company requesting that their proposal be sent back to the DRC until such time as the Commercial Specific Plan Committee has completed its study. Motion by Mr. Carlson, seconded by Mr. Ventura, to close the public hearing. Carried unanimously. Motion by Mr. Carlson, seconded by Mr. Ventura, that Council return this item to the Design Review Committee which will table the matter until the Commercial Specific Plan Committee has considered this area of Town and the report has been accepted by Council. Carried unanimously. RECESS Mayor Ferrito declared a recess at 9:05 p.m. Council resumed its meeting at 9:15 p.m. HEARINGS CONTINUED 8707 PROJECT/MAIN-PLEASANT-LOS GATOS BOULEVARD-LOMA ALTA/INTERSECTION REDESIGNS/TRAFFIC SIGNAL/HEARING Mayor Ferrito stated that this was the time and place duly noted for public hearing to consider traffic control and alignment alternatives of East Main Street, Pleasant Street, Loma TC:D1:031990 Alta and Los Gatos Boulevard. Mary Jo Levinger, Town Attorney, gave the opinion that this matter was to discuss the safety issues on configuration and that the financial matters of the issue had previously been determined allowing Mr. Hamilton and Mayor Ferrito to participate. The following people from the audience addressed his issue: Richard Gaines, requested that a traffic signal be installed at Pleasant and that another in alignment be placed at Loma Alta. Tom Castro, 308 East Main, is in favor of Plan A, and does not want to see the bus stop moved to this area feeling that would be dangerous in the middle of the curve. Steve Rice, 54 Alpine, in favor of Plan A, and would like to see safer configuration for this area. Mardi Bennett, 38 Alpine, prefers alternative D, and would like the left hand turn from Alpine onto Main carefully considered so that Alpine can access the Downtown area, and if there is to be a traffic light it would be nice to have one that is responsive to the traffic flow. Janet Foss, 140 Wooded View, is in favor of Plan A, traffic signals and the need to include further consideration of the left hand turn from Alpine to Main. There was no one else who wished to speak to this issue. Motion by Mr. Carlson, seconded by Mr. Hamilton, to close the public hearing. Carried by a vote of 4 ayes. Mr. Ventura voted no feeling that there should be time offered for more neighborhood input. Motion by Mrs. Benjamin, seconded by Mr. Ventura, that Council approve alternative "A" with the following directions to staff to further study the left hand turn island. Carried by a vote of 4 ayes. Mr. Carlson voted no because he feels that any realignment in the area must be accompanied with traffic signals. Motion by Mrs. Benjamin, seconded by Mr. Carlson, that a traffic signal be placed at Main, Pleasant and Jackson with a synchronized signal placed at Alpine and that this concept return to Council, April 2, 1990, with a study of the intersection with and without a light and with a cost analysis. Carried unanimously. EXCAVATIONS IN NEW PAVEMENT/TOWN CODE SEC. 26-24.5/ORDINANCE INTRODUCTION/HEARING Mayor Ferrito stated that this was the time and place duly noted for public hearing to consider introduction of ordinance to add Los Gatos Town Code Section 26-24.5 relating to excavations in new pavement. HEARINGS CONTINUED TC:D1:031990 EXCAVATIONS IN NEW PAVEMENT CONT. There was no one from the audience who wished to address this issue. Motion by Mr. Ventura, seconded by Mr. Carlson, to continue this item until April 16, 1990 at which time the requirement that the repairs last for the seven year life of the asphalt will be included in the ordinance, that an in house tracking system be setup for all the permits issued, and there be an enforceable contract or bond to ensure that anyone who does not repair the cut they've made for the expected life span will have to go back, at their cost, and repair it. Carried unanimously. HOV LANE MASTER PLAN/DRAFT 2005 Motion by Mr. Ventura, seconded by Mr. Carlson, that the Mayor sign a letter explaining that Council opposes HOV lanes south of Lark until such time as Santa Cruz County is willing to discuss the joint transportation problem with Los Gatos, this explanation to be included in the letter recommended by staff in the report. Carried unanimously. HAZARDOUS WASTE REDUCTION/FUNDING COUNTY WORK PLAN Mayor Ferrito requested that this item be deferred until the Town Manager can reevaluate Town's previous commitment and until such time as it is evaluated with the budget. Mr. Carlson would like an answer from IGC as to whether this is just another study or a proposal to handle the hazardous waste problem. BILLY JONES WILDCAT RAILROAD/WELL INSTALLATION/HYDROGEOLOGIST INVESTIGATION/RESOLUTION 1990-73 Motion by Mr. Ventura, seconded by Mr. Carlson, to amend the resolution to read that should the Billy Jones Wildcat Railroad, or any other agency so identified, be found to have been at fault in regards to waste oil and solvent contamination at the railroad site they will be obligated to reimburse the cost of the investigative studies done by Safety Specialists, Inc. for the Town of Los Gatos, and that Council adopt Resolution 1990-73 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE INTERIM TOWN MANAGER TO ENTER INTO AGREEMENT WITH SAFETY SPECIALISTS, INC. FOR MONITORING WELL INSTALLATION AND HYDROGEOLOGIST INVESTIGATION - BILLY JONES RAILROAD. Carried unanimously. TAPES OF CLOSED SESSION/TOWN ATTORNEY CUSTODIAN/ORDINANCE Council consensus, to bring this draft ordinance back for reintroduction after amendments TC:D1:031990 have been made. MINUTES OF MARCH 5, 1990 Mrs. Benjamin requested that correction in vote on page 7, third paragraph, under Curbside Recycling read 3 ayes instead of 4 ayes. Mrs. Benjamin requested that clarification of her opinion be made on page 7, fifth paragraph, under Curbside Recycling. The following was added. "Mrs. Benjamin requested that the record show that she feels that there should only be one increase, and she is not in favor of the curbside billing being included in the commercial rates." Motion by Mr. Ventura, seconded by Mr. Carlson, that the minutes of March 5, 1990 be approved as corrected. Carried unanimously. MINUTES OF MARCH 12, 1990 Mr. Ventura requested that the reference to Council guidelines regarding earthquake damaged buildings indicate that Council policy is to have the new construction be identical to the architecture of those buildings formerly occupying that site. This wording would be discussed with the Clerk and the minutes of March 12, 1990 will be continued to April 2, 1990 for approval. CODE ENFORCEMENT/REFERRALS TO TOWN ATTORNEY Informational item received and filed. MAGNESON LOOP/SHANNON ROAD/TRAFFIC ISLAND Motion by Mr. Ventura, seconded by Mr. Carlson, that Council not approve construction of the raised concrete traffic islands on Exhibit A of the staff report. Carried by a vote of 4 ayes. Mayor Ferrito voted no due to the fact that 61% of the neighbors voted for a traffic island. Motion by Mrs. Benjamin, seconded by Mr. Hamilton, that staff consider modification of intersection at Shannon and Los Gatos Blvd. in terms of the no right hand turn and report to Council. Carried unanimously. TC:D1:031990 CONGESTION MANAGEMENT/SANTA CLARA COUNTY/PLANNING AGENCY Motion by Mr. Carlson, seconded by Mrs. Benjamin, that the Town Council communicate its preference to the County that the composition of the Governing Board of the Santa Clara County CMP Agency be as follows: Five members from the City of San Jose; Santa Clara County Transit District would not be a member; Five members from the other Cities; One member from the Board of Supervisors; there would be an 11 member board; San Jose would need eight votes to have approval of their own project; Six votes for any other's project approval. Carried by a vote of 4 ayes. Mr. Ventura voted no asking to take the position that Gilroy had outlined, and not forming the Agency until Prop 111 passes. CONGESTION MANAGEMENT CONT. Motion by Mrs. Benjamin, seconded by Mr. Hamilton, that the conditions for withholding tax allocations should be made more specific. Carried unanimously. Motion by Mr. Ventura, seconded by Mr. Carlson, that the Agency not be formed or implemented unless the voters support Prop 111. Carried unanimously. SANTA CLARA COUNTY CITIES ASSOCIATION 1990 WORK PLAN Motion by Mr. Carlson, seconded by Mr. Ventura, that Council communicate the position that the work plan is unexceptable until the IGC and the Cities Association have worked out a solution regarding the melding of the two organizations. Carried unanimously. MALATHION SPRAYING/CITY OF ROSEMEAD Motion by Mr. Ventura, seconded by Mr. Carlson, that Council support the position of the City of Rosemead on the issue of Malathion spraying by directing a letter be sent signed by the Mayor to the City of Rosemead indicating that support. Carried by a vote of 4 ayes. Mr. Hamilton voted no. ADJOURNMENT Mary Jo Levinger announced that Council would now adjourn to Closed Session pursuant to Government Code Section 54956.9(c) Institution of Litigation regarding Route 85. In addition this adjournment will be to March 26, 1990 at which time there will be a 7:30 p.m. study session and a possible 7:00 p.m. Closed Session. Mayor Ferrito adjourned the meeting at 10:39 p.m. TC:D1:031990 ATTEST: Marian V. Cosgrove Town Clerk TC:D1:031990