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M 08-20-90TOWN OF LOS GATOS CALIFORNIA TOWN COUNCIL/PARKING AUTHORITY August 20, 1990 Minutes TOWN COUNCIL The Town Council/Parking Authority of the Town of Los Gatos met in the Council Chambers of the Town Hall, 100 East Main Street, at 7:51 p.m., Monday, August 20, 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. PERSONNEL BOARD APPOINTMENT/ROBERT DELGADO There were five applications received from Ella Breitman, Dean Cormany, Robert Delgado Gayle Mc Gough and Gene Rugani for one vacancy on the Personnel Board. Voting was held and Robert Delgado was appointed to the Personnel Board. Term to expire September 1, 1995. MUSEUM COMMISSION PRESENTATIONS Mayor Ferrito presented Commendations for service on the Town's Museum Commission to the following commissioners: Don Dodson, Mary Eastham, James Grupp, Alice McCammon, and Lyn Pickens-Packard. James Grupp was present to accept the presentations from the Mayor. 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(c) to discuss Institution of Litigation regarding Route 85. There is no report from that discussion. UNIVERSITY AVENUE 255/GIVENS/APPEAL PC DENIAL Mayor Ferrito stated that this was the time and place duly noted for public hearing to consider appeal of Planning Commission decision to deny request for approval of plans to reconstruct an existing residence, construct an addition to the first floor and construct a new TC:D1:MM082090 second floor to a residence in the R-1D:LHP zone, Architecture and Site Application S-89- 83. Property located at 255 University Avenue. Property Owner: Carolyn Givens. Motion by Mr. Ventura, seconded by Mr. Carlson, to continue this item to September 4, 1990. Carried unanimously. BOOM TRUCK/CRACK SEALING MACHINE/ROTARY MOWER/BID AWARDS Motion by Mr. Carlson, seconded by Mr. Ventura, that Council award the following bids: 1.One new 1990 Boom Truck with Chip Dump Body to Altec Pac Power Division, Net Bid Price $88,856.63 without trade. TC:D1:MM082090 August 20, 1990 Los Gatos, California BID AWARDS CONTINUED 2.One new 1990 Rubberized Asphalt Kettle/60 Gallon with Heated Hose to Aeroil Products Co., Inc., Net Bid Price $17,875. 3.One new 1990 52" Rotary Right Side Discharge Mower with Collection System to West Star Distributor, Inc., Net Bid Price $13,539.24. Carried unanimously. 8903 PROJECT/ANNUAL STREET RESURFACING/CONTRACT AWARD Motion by Mr. Carlson, seconded by Mr. Hamilton, that Council award the contract for the work to the low bidder, ROMA Construction, in the total estimated amount of $347,700.00, and authorize the Interim Town Manager to sign the contract on behalf of the Town. Carried unanimously. 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/AUGUST 1990 Motion by Mr. Carlson, seconded by Mr. Hamilton, for ratification of the accompanying check registers for payroll of July 22 to August 4, 1990 in the amount of $210,676.39 paid on August 10, 1990. Carried unanimously. ACCOUNTS PAYABLE/RATIFICATION/AUGUST 1990 Motion by Mr. Carlson, seconded by Mr. Hamilton, for ratification of accompanying check registers for accounts payable invoices in the amount of $322,015.75 paid on August 3 and 10, 1990. Carried unanimously. COMMENDATION/SERVICE TO TOWN/LYDIA MUZECK/RESOLUTION 1990-171 Motion by Mr. Carlson, seconded by Mr. Hamilton, that Council adopt Resolution 1990- 171 entitled, RESOLUTION OF THE TOWN OF LOS GATOS COMMENDING POLICE RECORDS CLERK LYDIA M. MUZECK FOR EXEMPLARY SERVICE TO THE TOWN. Carried unanimously. COMMENDATION/SERVICE TO TOWN/ARGO GHERARDI/RESOLUTION 1990-172 Motion by Mr. Carlson, seconded by Mr. Hamilton, that Council adopt Resolution 1990- 172 entitled, RESOLUTION OF THE TOWN OF LOS GATOS COMMENDING ARGO GHERARDI Carried unanimously. TC:D1:MM082090 August 20, 1990 Los Gatos, California TRAFFIC STUDY AGREEMENTS/RESOLUTION 1990-173 Motion by Mr. Carlson, seconded by Mr. Hamilton, that Council adopt Resolution 1990- 173 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE EXECUTION OF AGREEMENTS FOR TRAFFIC STUDIES, which authorizes the Town Manager to sign agreements for Traffic Engineering Consultant Services. Carried unanimously. TC:D1:MM082090 August 20, 1990 Los Gatos, California ASSESSMENT DISTRICT/LANDSCAPING AND LIGHTING/TRACT 8306 NATIONAL AVE 15385/RESOLUTION 1990-174 Motion by Mr. Carlson, seconded by Mr. Hamilton, that Council adopt Resolution 1990- 174 entitled, RESOLUTION OF THE TOWN OF LOS GATOS INITIATING PROCEEDINGS LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT NO. 1., which designates the Town Engineer as the Engineer who will coordinate and prepare the necessary documents and permits. Carried unanimously. CLAIM REJECTION/HEINZ SCHU Motion by Mr. Carlson, seconded by Mr. Hamilton, that Council reject the claim of Heinz Schu filed with the Town Clerk on July 19, 1990. Carried unanimously. STREET RESURFACING/SHANNON RD & OLD BLOSSOM HILL/RESOLUTION 1990-175 Motion by Mr. Carlson, seconded by Mr. Hamilton, that Council adopt Resolution 1990- 175 entitled, RESOLUTION OF THE TOWN OF LOS GATOS APPROVING THE 1990 STREET RESURFACING AGREEMENT WITH THE COUNTY OF SANTA CLARA, and authorizing the Town Manager to sign on behalf of the Town. Carried unanimously. TOWN MANAGER/LETTER OF AGREEMENT/RESOLUTION 1990-176 Motion by Mr. Carlson, seconded by Mr. Hamilton, that Council adopt Resolution 1990- 176 entitled, RESOLUTION OF THE TOWN OF LOS GATOS APPROVING LETTER OF AGREEMENT BETWEEN THE TOWN OF LOS GATOS AND TOWN MANAGER. This agreement between the Town and David K. Knapp to commence September 4, 1990 and to include the allowance of six months for the Manager to find a home within Los Gatos. Carried unanimously. COMMERCIAL RECYCLING/YARD WASTE RECYCLING/TOTER PROGRAM CITIZENS' ADVISORY COMMITTEE By consensus Council requested that this item return September 4, 1990 so that there was time to bring these recycling issues to the West Valley Mayor's meeting. There was also a request that some of the less expensive suggestions be implemented as soon as possible, such as the citizens' advisory committee, the commercial recycling and the aluminum collection points by drink vending machines. HEARINGS ROUTE 85/OKA-MOZART ACCESS/RIPARIAN MITIGATION/PEDESTRIAN OVERCROSSING TC:D1:MM082090 August 20, 1990 Los Gatos, California Mayor Ferrito stated that this was the time and place duly noted for public hearing to consider various projects related to Route 85 including Oka-Mozart access, flood control and riparian mitigation and pedestrian-bicycle overcrossing. The following people from the audience wished to address these issues: Will Kempton, Traffic Authority Executive Director, addressed issues concerning Route 85 explaining how the Traffic Authority had realigned the foot bridge in order to alleviate some of the concerns of the residents in the Oka-Mozart area. TC:D1:MM082090 August 20, 1990 Los Gatos, California HEARINGS CONTINUED ROUTE 85 CONTINUED Speakers continued: John Hessler, David Powers and Associates, environmental consultant for the Traffic Authority, explains that only one plan will be submitted to the Army Corps of Engineers, with comments from the Fish and Wildlife, Fish and Game and EPA. Sheldon Smith, 14225 Lora Drive, Almaden Cycle Touring Club, spoke in favor of the over crossing but concerned about design and possibility of collision between cyclist, skateboarder, pedestrian and person in wheelchair. States that the Lark Ave bridge would be ideal for cyclists if it was widened and had bicycle lane. Des Wytmans, 14341 Oka Lane, does not care for the under passes proposed for Oka Road and would prefer alternative #6. Claims the underpasses will add to the noise in the area by amplifying the noise above. Miki Platt, 108 Cherry Oak Crt., representing Charter Oaks, concerned about the creek trail on the east side of Charter Oaks Drive and would like to see a safer bicycle access installed and some measures taken to protect Charter Oaks from being used as an alternate trail. Mary Sondgroth, 16500 West Mozart, emphatically supports the under crossing stating the loss of trees and the busy Winchester access that alternative #4 will cause. Rob Herald, plant manager of Becton-Dickenson, 14300 Winchester Blvd., would be in favor of alternative #6 and not in favor of alternative #4 since it would bisect the property eliminating any possibility of additions or improvements in the future. Tony Herauf, 108 Mojonera Crt., is only in favor of alternative #4. Jerry McLish, 14685 Oka Rd. #52, reaffirms his position on alternative #4 and requests Town institute litigation against Traffic Authority. Kirk Wheeler, partner with the firm of Shot and Wheeler, consultant to the Traffic Authority relating to flood control, stated that the new flood mitigation designs for the area would cause the Oka under alternative to be less a flood problem than the circumstance that exists at present. Cathy Wytams, 14341 Oka Lane, asks for alternative #4A which would cross the creek at another location eliminating the need to remove trees or bisect another's property. Charles Coker, 14402 Oka Lane, approves the new design for the overpass, but opposes the Oka Road tunnel and the problems it will create. He feels that alternative #4 has far less impact on the creek then has been caused by the freeway crossing. Jerry Armstrong, asks that tunnels are not put in Oka Road and that bike paths be put in the existing bridge when it is widened. Jack Cole, 14685 Oka Road, #53, Bonnie View Mobile Park representative, did not receive survey from the Town and feels that he has been excluded from the process. Richard Henning, Mojonera Court, is in favor of alternate #4, the creek access. TC:D1:MM082090 August 20, 1990 Los Gatos, California Dr. Ames, Willow Glen Trails Committee, 1218 Willow Street, San Jose, as a recreational trails supporter would like to see the Oka under crossing rather than another crossing for the creek as in alternate #4. Dick Forrest, San Jose resident, member of the I.G.C. Trails Committee, is in favor of the underpass and not of alternative #4. Larry, 16500 West Mozart, would like to see the underpass go in on Oka. Nani Daniels, 116 Mozart Ave, is in favor of alternative #6 and would not like to see any additional impact to the creek environment. TC:D1:MM082090 August 20, 1990 Los Gatos, California HEARINGS CONTINUED ROUTE 85 CONTINUED Speakers continued: Thurston Awalt, 16469 Mozart Ave., would prefer a Lark Ave. access, alternative #6 secondarily and not in favor of #4 due to the traffic which it will generate. Judy Hanf, 16491 Mozart Ave., supports keeping Oka Road open, or alternative #6. There was no one else from the audience who wished to address this issue. Motion by Mr. Ventura, seconded by Mr. Carlson to close the public hearing. Carried unanimously. Motion by Mr. Ventura, seconded by Mrs. Benjamin, that the revised overcrossing of Highway 17 which was presented this evening is conceptually acceptable. Carried unanimously. Motion by Mrs. Benjamin, seconded by Mr. Carlson, to conceptually delete the public access on the east side of the creek since a major trail already exists on the west side. This will cause less impact to an area already impacted by the access issue generated by the incoming freeway. Carried unanimously. Motion by Mr. Carlson, seconded by Mr. Hamilton, that the performance agreement include that the Traffic Authority and their consultants would help provide the appropriate documentation to obtain concurrence from FEMA that we have solved our 100 year flood problem. Carried unanimously. Mrs. Benjamin requested that staff look into working with the Charter Oaks Town Homes Association regarding improvement of access to the Creek Trail at Lark Ave. so as to encourage trail use rather than Charter Oaks use by bikers and joggers. Motion by Mr. Carlson, seconded by Mrs. Benjamin, that Mr. Carlson and Mr. Ventura form a subcommittee to work with staff and Traffic Authority to approach the Army Corps of Engineers on all creek crossings and determine the Corp's position in order to determine whether alternate #4 is feasible or not. This action will defer any final consideration of Council approval until such time as report can be reviewed regarding the possibilities of alternates #4 and #6. If neither alternates are feasible then mitigating measures for Oka underpass will be discussed. Carried unanimously. Motion by Mr. Hamilton, seconded by Mr. Carlson, to ask Mr. Kempton to approach the Traffic Authority on the possibility of accepting the agreement as signed but amending it by TC:D1:MM082090 August 20, 1990 Los Gatos, California adding the possible Oka underpass to it. Carried unanimously. Motion by Mr. Ventura, seconded by Mr. Carlson, that Council accept for conceptual approval the integrated flood control and riparian mitigation plan for Highway 85 at Los Gatos Creek as presented by the Traffic Authority and direct staff to prepare a report identifying the steps necessary to amend the Charter Oaks Planned Development Ordinance and to discuss alternate methods for the maintenance of the area. (Section B, #5 & #6 of Staff Report Item #18) Carried unanimously. TC:D1:MM082090 August 20, 1990 Los Gatos, California HEARINGS CONTINUED COUNCIL RECESS Mayor Ferrito declared a short recess at 10:48 p.m. The meeting was called back to order at 11:00 p.m. SHADY VIEW LANE 16578/MESERVE/APPEAL/HEARING Mayor Ferrito stated that this was the time and place duly noted for public hearing to consider appeal of a decision of the Planning Director in approving a request for a second- story addition to an existing single-family residence in the R-1:8000 zone. Property located at 16578 Shady Lane. Applicant: Edward and D. June Meserve. The following people from the audience wished to address this issue: Alan Tanenbaum, 16530 Bonnie Lane, stated that he had met with the Meserves and had negotiated an agreement and is willing to drop his appeal. Sharron and John Mittelstet, 289 Marchmont Dr., spoke of the size, bulkiness, loss of privacy, loss of view and the request that the deck be removed and obscure glass be used in the south window and including the possibility of the building of a fence. Milton McLeod, 285 Marchmont Dr., does not care for all the vegetation determining privacy and would like to see an 8 foot fence between the homes. Ed Meserve, 16578 Shady View Lane, spoke in favor of his addition and deck and feels that the plant growth is sufficient for privacy. He is also willing to work out agreements with his neighbors. There was no one else from the audience to address this issue. Motion by Mr. Carlson, seconded by Mr. Ventura, to close the public hearing. Carried unanimously. Motion by Mrs. Benjamin, seconded by Mr. Ventura, to grant the Tannenbaum's appeal and modify the Planning Commission's decision, finding that the Planing Commission had erred on the following three issues: privacy issue concerning height of addition; lighting in the rear and use of obscure glass in south window, and that these two conditions be added before approval. Carried unanimously. Motion by Mr. Hamilton, seconded by Mr. Ventura, to continue this item to September 4, 1990 with the expectation that the parties involved will work out a decision regarding shrubbery among themselves. Carried unanimously. STOP SIGN/UNIVERSITY AND ANDREWS TC:D1:MM082090 August 20, 1990 Los Gatos, California Motion by Mrs. Benjamin, seconded by Mr. Ventura, that stop signs be installed at University Avenue and Andrews Street. Carried unanimously. PAST MIDNIGHT Motion by Mr. Carlson, seconded by Mr. Ferrito, to continue the meeting past midnight. Motion failed. Mrs. Benjamin, Mr. Ventura and Mr. Hamilton voted no. Consensus to speedily finish pressing business. TC:D1:MM082090 August 20, 1990 Los Gatos, California FORTUNE-TELLING/BUSINESS REGULATIONS/ORDINANCE INTRODUCTION Motion by Mrs. Benjamin, seconded by Mr. Carlson to waive the reading of the Draft Ordinance. Carried unanimously. The Town Clerk read the Title of the Draft Ordinance. Motion by Mr. Carlson, seconded by Mr. Ventura, that Council adopt Draft Ordinance entitled, ORDINANCE OF THE TOWN OF LOS GATOS ENACTING ARTICLE V OF CHAPTER 4 OF THE TOWN CODE RELATING TO FORTUNE-TELLING. Carried unanimously. TRAFFIC POLICY/TRIP GENERATION RATES/RESOLUTION 1990-177 Motion by Mr. Carlson, seconded by Mr. Hamilton, that Council adopt Resolution 1990- 177 entitled, RESOLUTION OF THE TOWN OF LOS GATOS APPROVING TOWN OF LOS GATOS TRIP GENERATION RATES, however, as a part of each new application that is submitted and which invokes a trip generation study, a sampling of similar businesses in Town will be taken in order to determine whether the numbers in this report are accurate. Carried unanimously. MINUTES OF JULY 16, 1990 By consensus this item was continued to September 4, 1990. CODE ENFORCEMENT/REFERRALS TO TOWN ATTORNEY Informational item received and filed. MANAGEMENT LETTER/ANNUAL AUDIT 1988-89 By consensus this item was continued to September 4, 1990. LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE/VOTING DELEGATE By consensus this item was continued to September 4, 1990. COLLEGE AVE TRESTLE By consensus this item was continued to September 4, 1990. COUNCIL COMMITTEES/COMMERCIAL SPECIFIC PLAN Mr. Carlson requested that the Council allocate funds to the Commercial Specific Plan Committee in order to acquire a consultant to study the downtown economic plan. The Committee will choose the consultant in order to speed the process and administratively the manager will follow through. Committee will request bids and responses to the request will be referred to Council. Council agreed by consensus. ADJOURNMENT TC:D1:MM082090 August 20, 1990 Los Gatos, California Mayor Ferrito adjourned the meeting at 12:09 p.m. ATTEST: Marian V. Cosgrove Town Clerk TC:D1:MM082090