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M 05-05-86TOWN OF LOS GATOS CALIFORNIA TOWN COUNCIL/PARKING AUTHORITY AGENDA MAY 5, 1986 TOWN COUNCIL The Town Council/Parking Authority met in a joint meeting in the Council Chambers of the Town Hall at 7:30 p.m., in regular session. ROLL CALL PRESENT:Joanne Benjamin, Eric D. Carlson, Thomas J. Ferrito and Mayor Terrence J. Daily. ABSENT:Brent N. Ventura. Mr. Ventura arrived at 8:25 p.m. PLEDGE OF ALLEGIANCE Given by all in attendance and led by Boy scout Troop 603. CLOSED SESSION REPORT The Town Attorney stated Council had met in Closed Session prior to tonight's meeting and discussed the following: Pursuant to Government Code Section 54956.9 (a) Town v. Ferrari; Town v. Los Gatos Chrysler-Plymouth; Town v. "And Chili's"; Abe v. Town; and Town v. Boehringer. There is nothing to report. Pursuant to Government Code Section 54956.9 (b) Council discussed the claim of Cathy Lockhart. Council determined there was significant exposure to litigation and Council authorized settlement to Cathy Lockhart in the amount of $828.69; and authorized the settlement of claim of State Farm Insurance in the amount of $2,180.61. Personnel, labor relations and property acquisitions were not discussed. EX-AGENDA ITEMS It was reported there were no ex-agenda items. Item 18 would be deleted from the agenda but would be continued to May 19, 1986 agenda. BID AWARD CASH REGISTER Council received staff report on bids received for the purchase of a cash register. Bids were received from American Diversified in the amount of $1,746.93; American Business Machines in the amount of $3,474.15; and San Jose Cash Register in the amount of $4,065.19. It was noted that the lower bidder did not meet specifications. Mrs. Benjamin moved bid be awarded to American Business Machines in the amount of $3,474.15. Mr. Carlson seconded. Carried by a vote of four ayes. Mr. Ventura was absent. COMMUNICATIONS (referral/file) a.Letter from Ellen Reeder opposing change in speed limits on various streets in Los Gatos. Mrs. Benjamin moved to refer this letter to the Town Manager for report. Mr. Carlson seconded. Carried by a vote of four ayes. Mr. Ventura was absent. b.Letter from Richard Gaines regarding traffic capacity standards. Mrs. Benjamin moved to refer this letter to the Town Manager for report. Mr. Carlson seconded. Carried by a vote of four ayes. Mr. Ventura was absent. c.Letter from Norman Stoner regarding standard fire protection available to Los Gatos residents. It was stated this is within the Central Fire Protection District and staff should ask Chief Sporleder to meet with residents in this area as soon as possible. Mrs. Benjamin moved to refer this letter to the Town Manager for report and contact Chief Sporleder as stated above. Mr. Carlson seconded. Carried by a vote of four ayes. Mr. Ventura was absent. d.Letter from Mr. & Mrs. Norman Burke objecting to the abandonment of portion of Harwood Road (Oster property). Mrs. Benjamin moved to refer this letter to the Town Manager for report. Mr. Carlson seconded. Carried by a vote of four ayes. Mr. Ventura was absent. APPEAL CERTIFICATE OF COMPLIANCE AT 17101 LOS ROBLES Mrs. Benjamin moved for adoption of Resolution No. 1986-57 entitled, RESOLUTION GRANTING APPEAL OF THE PLANNING COMMISSION DENIAL OF REQUEST FOR APPROVAL OF CERTIFICATE OF COMPLIANCE ON TWO LOTS LOCATED IN THE R-1:30,000 ZONE (17101 Los Robles Way - Old National Financial Services, Inc.). Mr. Carlson seconded. Carried by a vote of three ayes. Mr. Ventura was absent. Mr. Daily abstained due to his absence at the time of the hearing. Mr. Ferrito wished the minutes to reflect that he is only voting yes because he feels that Legislature has removed any and all ability to really decide this issue. PLANNING MONTHLY REPORT Informational report for Council. COUNTY REFERRALS Mrs. Benjamin moved to accept staff recommendations on the following: 2858-27-44-86LA w. side of Iron Springs Rd. Dodge/Bothman lot line adjustment No comment. 2860-31-49-86DR 16353 Aztec Ridge Cseuz Design review (accept report)No comment. Mr. Carlson seconded. Carried by a vote of four ayes. Mr.Ventura was absent. SCHEDULE OF PUBLIC HEARINGS Information report to Council on upcoming scheduled public hearings. PARKING COMMISSION ACTIVITY REPORT Information report for Council. NOTICE OF COMPLETION Mrs. Benjamin moved for approval of Notice of Completion and Certificate of Acceptance for the following: Tract 7725 - 413 Los Gatos Blvd. - American National Development Group. 513 Monterey Avenue - Michael & Dorothy Layne. Authorize Mayor to sign said documents and the Clerk to record. Mr. Carlson seconded. Carried by a vote of four ayes. Mr. Ventura was absent. PROJECT 322 ROUTE SIGNING CHERRY BLOSSOM LN. Mrs. Benjamin moved for adoption of Resolution No. 1986-58 entitled, RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS APPROVING PLANS AND SPECIFICATIONS FOR PROJECT 322 - BIKE ROUTE SIGNING: CHERRY BLOSSOM LANE. Mr. Carlson seconded. Carried by a vote of four ayes. Mr. Ventura was absent. BUS STOP RELOCATION - LOS GATOS BOULEVARD N. OF BLOSSOM HILL ROAD Mrs. Benjamin moved for adoption of Resolution No. 1986-59 entitled BUS LOADING ZONE - LOS GATOS BOULEVARD. Mr. Carlson seconded. Carried by a vote of four ayes. Mr. Ventura was absent. Mrs. Benjamin moved for adoption of Resolution No. 1986-60 entitled, PARKING PROHIBITION ON LOS GATOS BOULEVARD. Mr. Carlson seconded. Carried by a vote of four ayes. Mr. Ventura was absent. REPORT REGARDING ROADWAY CONDITIONS ON BLOSSOM HILL ROAD Information report for Council. Staff has responded to letters of complaints. SECONDARY DWELLING UNIT 46-48 BROADWAY Mrs. Benjamin moved to continue this matter to May 19, 1986 to allow time for staff report. Mr. Carlson seconded. Carried by a vote of four ayes. Mr.Ventura was absent. VANDALISM 300 E. MAIN ST. Informational report for Council. ROUTE 85 EIR STATEMENT (DEIS) Informational report for Council. CRITICAL INTERSECTION IMPACT POLICY Mrs. Benjamin moved for adoption of Resolution No. 1986-61 entitled, CRITICAL INTERSECTION IMPACT POLICY STATEMENT. Mr. Carlson seconded. Carried by a vote of four ayes. Mr. Ventura was absent. REPORT REGARDING CODE VIOLATIONS 14314 LA RINCONADA DRIVE Discussion was held as to whether the Town has an ordinance regulating open fires. After some discussion Mrs. Benjamin moved to accept report from staff and refer this to the Town Attorney to initiate legal action. Mr. Carlson seconded. Carried by a vote of four ayes. Mr. Ventura was absent. MINUTES APRIL 21, 1986 Mrs. Benjamin requested correction of minutes of April 21, 1986, page 9, subject - National Tennis Tournament, (third sentence from the bottom of this paragraph to read), "Mrs. Benjamin stated she would vote in favor this year, but that in subsequent requests, there should always be at least one court open for regular public play." Mrs. Benjamin moved for approval of April 21, 1986 minutes as corrected. Mr. Ferrito seconded. Carried by vote of four ayes. Mr. Ventura was absent. PAYROLL APRIL 25, 1986 & RELATED WARRANTS Mr. Carlson moved for approval of April 25, 1986 payroll in the amount of $144,844.98 and payroll related warrants in the amount of $109,559.11. This will also include the approval of warrants of March 1, 1986, which were being held for answer regarding payment of Chamber dues. Mrs. Benjamin seconded. Carried by a vote of four ayes. Mr. Ventura was absent. Manager answered question of Mr. Carlson regarding payment of Chamber dues. APPEAL CODE CORRECTIONS 17082 SUMMIT WAY Mayor Daily stated this was the time and place duly noted for continued public hearing to consider the appeal of code correction requirements for secondary unit at 17082 Summit Way. It was noted the building official has reported the cooking facilities have been removed and therefore is no longer considered a secondary unit. The appellant has requested the appeal be withdrawn. After some discussion and no one in the audience wishing to speak on this issue, Mrs. Benjamin moved hearing be closed. Mr. Carlson seconded. Carried by a vote of four ayes. Mr. Ventura was absent. Mrs. Benjamin moved to accept request for withdrawal of the appeal. Mr. Carlson seconded. Carried by a vote of four ayes. Mr. Ventura was absent. Mr. Ferrito moved to have code violation corrections monitored within 90 to 180 days. Mayor Daily seconded. After some discussion Mr. Ferrito moved to withdraw his motion and Mayor Daily withdrew his second. Mr. Ferrito then moved that any corrections of code violations or appeal of code violations that are easily corrected be monitored 90 to 180 days following the correction. Mr. Daily seconded. Carried by a vote of four ayes. Mr. Ventura was absent. Councilman Ventura arrived at 8:25 p.m. APPEAL CONDITIONS OF APPROVAL USE PERMIT 115 N. SANTA CRUZ AVENUE CHART HOUSE Mayor Daily stated this was the time and place duly published for public hearing to consider the appeal of conditions of approval by the Planning Commission on approval of Conditional Use Permit Application U-85-4 and Architecture and Site Application S-72-120C; namely the restriction of operating hours and the time allotted for installation of a handicap access ramp. Property located at 115 N. Santa Cruz Avenue - Chart House. Mr. Bowman answered questions of Council regarding the application. Linda Callon, representing the Chart House, spoke on the appeal stating they are requesting that the hours be the same as other bars in the area. They (Chart House) is willing to undertake the handicap accessibility but need more time to accomplish this and asked for an extension of time until June, 1987. Discussion was held on withdrawal of Use Permit with the understanding this would mean the loss of fees paid for Use Permit Application. Discussion was held on the handicap access installation and whether there could be a delay or a longer time period allotted for the installation. Appellant requested time be extended to June 30, 1987. No one else wished to speak on this issue, Mr. Ferrito moved hearing be closed. Mrs. Benjamin seconded. Carried by a vote of four ayes. Mr. Ventura abstained. Mrs. Benjamin moved to grant appeal with the following conditions: 1) to grant extension of installation of handicap ramp to one year. She feels Planning erred in that it is usual, under the Town Ordinance to grant one year to do the work and Planning only gave applicant seven months; 2) repair any potholes on their property; and 3) address the drainage problem where matts are washed. Mr. Carlson seconded and requested an amendment that on installation of handicap access, Town should set a penalty fee if job is not completed within the year. Mr. Ferrito stated he did not see where Planning erred and felt this was a unique situation. Mrs. Callon spoke on the penalty phase and said applicant would be willing to pull permit at later date and furnish a performance bond to cover the project if not finished in the allotted time. Mr. Bowman asked for clarification of the conditions. Mrs. Benjamin restated her motion as follows: moved to grant the appeal with the following conditions: 1) The foundation of the restroom addition shall be pier and beam or other suitable construction to reduce impact on the existing redwood tree; 2) Victory Lane shall be paved along the rear property line a distance of approximately 95-100 feet and 16-18 feet wide with asphaltic concrete pavement, areas of potholes and deteriorated pavement including sub-base shall be repaired prior to the pavement including sub-base shall be repaired prior to the pavement overlay, and the walkway at the existing redwood tree which is cracked an broken shall be repaired, to the satisfaction of the Town Engineer; 3) The building shall be made to meet State handicapped accessibility requirements (ramp and restroom) by no later than May 5, 1987. Applicant to post a performance bond and to pull the building permit by January 1, 1987; and 4) Drainage improvements to eliminate drainage from rear of Chart House onto Victory Lane shall be completed to the satisfaction of Town Engineer. Mr. Carlson seconded. Carried by a vote of three ayes. Mr. Ferrito voted no and Mr. Ventura abstained. The Town Attorney to prepare appropriate resolution for Council consideration at the next meeting. TOPPING WAY #1 ANNEXATION Mayor Daily stated this was the time and place duly published for public hearing to consider protests filed. Mr. Zapf reported the Town had received protests against said annexation. Protests contained 43 signatures and represented 52.2% of the registered voters within the proposed annexation. Since the total protests, by registered voters, exceed 50% the proceedings must be terminated. No one from the audience wished to speak on this issue. Mrs. Benjamin moved public hearing be closed. Mr. Ventura seconded. Carried unanimously. Mr. Ferrito moved for adoption of Resolution No. 1986-62 entitled, A RESOLUTION MAKING A FINDING REGARDING THE VALUE OF WRITTEN PROTESTS FILED AND NOT WITHDRAWN AND TERMINATING THE ANNEXATION OF CERTAIN INHABITED TERRITORY DESIGNATED AS TOPPING WAY #1 TO THE TOWN OF LOS GATOS. Mr. Ventura seconded. Carried unanimously. APPEAL DENIAL OF ZONE CHANGE IN ORDER TO CONSTRUCT 173 UNITS AT 300 BLOSSOM HILL ROAD Mayor Daily stated this was the time and place duly noted for continued public hearing to consider the appeal of a decision of the Planning Commission in denying Zone Change Application Z-84-5 requesting a change in zone from R- 1:8000 and RM:5-20 RM:5-20-PD in order to construct a 173 unit residential development on 8.8 acres of property at the southeast corner of Blossom Hill Road and Roberts Road. (Nino-Crosby) Pendar. Planning Director, Lee Bowman, made comments regarding Planning Commission's denial of zone change application. He stated there is an EIR associated with this application. However, the appeal did not include the EIR and the EIR has not been advertised. If Council determines tonight that they wish to consider reversing Planning Commission's decision and granting the application, the matter will have to be continued to a date to allow Council to hold hearing on the EIR before approving the project. Mr. Abe Betpolice, appellant on project, spoke on issue stating this project began two years ago and they have been following directions and information from Planning Commission. The project has been redesigned and two EIR's have been prepared, which are very costly, and now it is two years later and Planning Commission deny the zone change application. Speaking in opposition to the project were Ted Shebs, who registered his concerns regarding traffic generated by said project; Jessie Prout,opposing the project and the closure of Roberts Road; and Ann Lamborn, requesting the lowest density possible for the project. Speaking in favor of the project were Byron Kobashi, who feels the project will enhance that area of the community and also spoke on the undersirables that have gathered at the bridge on Roberts Road for years with nothing done about it. He feels this project would do away with that problem. Mike Rugani spoke in favor of the project and the need for housing in Los Gatos. Mr. Carlson stated that Council should refer this issue back to the DRC and Planning Commission with specific directions and guidelines and the issues he had in mind were: 1) reduce the number of units from proposed 173 to approximately 84 market units with a corresponding reduction of 50% for trip generation; 2) developer look into the parking problem and need for safety access to the school from the development. Mr. Ferrito spoke of his concerns and would like to see something in the range of 75 to 80 or 90 units and feels the Town should take developers proposal of 20% of units constructed to be BMP units and that it be a phase project, then development can be absorbed into the community over a period of 4 or 5 years; also would like to see developer contribute to the installation of a traffic signal at Robert's Road and Blossom Hill Road. Mrs. Benjamin would prefer the total number of units to be 45. Which is the number under the present zoning allowance, at the low end, because. Traffic has been a real concern at the last Planning Commission meeting and Council meeting. Also there is a hill that has to be dealt with as far as architecture and site approval. Mr. Ventura stated he could support up to 45 market units and would want 20% on BMP; see one story units on the first row of units closest to Blossom Hill Road; see Nino house retained on site; and see if architecture can be improve to the extent that the repetitious nature of the units may be blended more harmoniously. Mr. Ventura also wants the Planning Commission to make a recommendation to Council whether Roberts Road is private or public. Mr. Ferrito stated he would also like to see Planning Commission address the number of trips per day anticipated by this project, as well as other projects in the area. Mayor Daily spoke of his concerns on traffic, favors the phase approach and reduction of units. Mrs. Benjamin moved to send this back to DRC and Planning Commission with the following directions: 1) support the project with 80 market units and 20% of units to be BMP; 2) provide substantial parking for project; 3) project be done in phases over a period of 4 to 5 years; 4) provide safety improvements to school from the development; 5) reduce the structures along Blossom Hill Road to one story; 6) developer to contribute to installation of a traffic signal at Roberts Road and Blossom Hill Road and redesign Roberts Road intersection; 7) study architectural design and make more compatible; and 8) retain the Nino house on site. Mr. Ventura seconded. Carried unanimously. The Town Attorney to prepare appropriate resolution for Council consideration at the next meeting. Mayor Daily declared a five minute recess. LEGACY FOR THE ART PROGRAM Mayor Daily stated due to the length of tonights meeting and the lack of staff report in conjunction with the request, this will be held until May 19, 1986. 16-16 1/2 CLIFTON ACREAGE REVERSION (CRAFFORD) Mrs. Benjamin moved to accept staff recommendation and hold referral in abeyance pending outcome of appeal in Crafford v. Town. Mr. Carlson seconded. Carried unanimously. LAND DEVELOPMENT ADJACENT ROUTE 85 NATIONAL AVE. AT SAMARITAN DR. Mrs. Benjamin moved to approve the proposed guidelines for consideration of the realignment of Samaritan Drive at Los Gatos Boulevard as follows: "The Town of Los Gatos is currently working with other local public agencies and the State of California to reach concurrence for development of a transportation facility within the West Valley Corridor. In order to facilitate orderly development adjacent to the corridor, the Town hereby acknowledges that the State of California proposes to realign Samaritan Drive, as shown on Exhibit A, to accommodate development of the corridor. Should it be necessary to realign Samaritan Drive, the alignment shown on said exhibit is acceptable in concept to the Town. The Town further acknowledges that if a corridor facility is not constructed, or if it is developed without an interchange at Los Gatos Boulevard (Bascom Avenue), there will no longer be a need to realign Samaritan Drive to accommodate development of the corridor. This guideline is not to be construed as acceptance of development of the corridor. The Town reserves the right of review and approval (or denial) of any facility in the corridor." Mr. Carlson seconded. Carried by a vote of four ayes. Mr. Ventura abstained due to family member having interest in property which maybe affected by this relocation. RECONSIDERATION OF REQUEST TO REMOVE SOME PREFERENTIAL PARKING IN ALMOND GROVE AREA Mr. Rugani and Mr. Christinsen, members of the Parking Commission, spoke in favor of removal of three spaces as requested. Stated that even if the spaces are in the Almond Grove District they have no bearing on the district and feels it's logical to take those three spaces out of the preferential parking district. The people living in those residences signed the petition to allow this change. After further questions, Mayor Daily moved this request be reconsidered. Mr. Carlson seconded. Carried by a vote of three ayes. Mr. Ventura and Mr. Ferrito voted no. Mr. Ferrito moved Council schedule a public hearing for this issue. Mr. Carlson seconded. Carried unanimously. Mr. Ferrito wished the minutes to reflect the reason for scheduling a public hearing is so the Almond Grove residents within the preferential parking district can be notified and be heard on this issue. Clerk directed to schedule public hearing. YOUTH ADVISORY COMMISSION REQUEST FOR CONCERT IN TOWN PLAZA Discussion was held on request to use Town Plaza. Council recommended this concert be held in an indoor facility. Stefani Schmidt, member of the Youth Advisory Commission, spoke on their desires for holding this event out in the open. Suggestions were made for use of Oak Meadow Park but the main problem is that the Town does not have liability insurance at this time. The Town Manger stated there is a possibility that the Town will have insurance later in the year, possibly in August. Miss Schmidt then stated maybe this could be held later this year. Council wants to support the Youth Commission but at this time and no insurance, Council can not approve this request. Staff to communicate to the Youth Advisory Commission of this decision. POSITIONS RE JUNE BALLOT PROPOSITIONS Some discussion was held and it was consensus of Council that they take no action regarding ballot propositions. This served as an informational report for Council. PROJECT 323 SHANNON RD. IMPROVEMENT & PROJECT 324 HICKS RD. SAFETY IMPROVEMENTS Discussion was held on these two projects. The Town Engineer, Ron Zapf, explained that these are brush clearing projects along with installation of guardrails and warning signs. The area on Shannon Road is east of Short Road and has nothing to do with the problems of Shannon Road off Los Gatos Boulevard. Mrs. Benjamin questioned whether they could include in this project the building of some kind of a walkway between Cerro Vista and Happy Acres Road. The Town Engineer stated Council could go ahead with the bidding process and direct Engineering to investigate the potentiality of incorporating the improvements as Mrs. Benjamin mentioned. Due to cost for advertising etc., Mrs. Benjamin moved to continue these projects for two weeks and Engineering to investigate, including additional improvements as suggested. Mr. Carlson seconded. Carried unanimously. LOS GATOS BLVD. TRAFFIC STUDY PROJECT 309 Discussion was held on the Los Gatos Boulevard Corridor improvements that have been prioritized by the consultant on the basis of the potential improvement in Level of Service (LOS) s compared to current operating conditions and the contribution the project makes to the overall improvement of the corridor. The Council by consensus approved selected items from the ten items recommended in the summary report of March 17, 1986 (Los Gatos Boulevard Corridor Traffic Study), as follows: 1. Blossom Hill Road/Placer Oaks Road at Los Gatos Boulevard approved as recommended by consensus motion of Mr. Ventura. Mrs. Benjamin seconded. 2. Saratoga Avenue/Wheeler Avenue at Los Gatos Boulevard Saratoga Avenue modifications not approved. Approved the extension of the left-turn lane through Wheeler on Los Gatos Boulevard. 3. Lane control signing, northbound Los Gatos Boulevard just south of Lark Avenue was approved as recommended. Mayor Daily stated approved by consensus motion. 4. Roberts Road/Shannon Road at Los Gatos Boulevard, was approved with modifications staff to review of Nino/Mitchell Avenues. Mr. Ferrito and Mrs. Benjamin stated they were for this item. 5. Lark Avenue at Los Gatos Boulevard was approved as recommended. 6. Los Gatos-Almaden Rd./Chirco Avenue at Los Gatos Boulevard was not approved. Mr. Ventura and Mr. Carlson stated they were for this item. 7. Los Gatos Village Square access at Los Gatos Boulevard was not approved and request staff report. Approved by consensus motion of Mr. Ventura. 8. Kennedy Road/Caldwell avenue at Los Gatos Boulevard was approved with the exception that only one travel lane in each direction will be provided on Los Gatos Boulevard. 9. Traffic signal interconnect system was approved as recommended. 10. Raised landscaped median between Spencer Avenue and Magneson Loop was not approved. It was consensus of Council to give permission to the Town Engineer, Ron Zapf, to begin negotiations with Ruth & Going on amendment to agreement for Engineering Services. ADJOURNMENT Mayor Daily declared the meeting adjourned at 12:20 a.m., Tuesday, May 6, 1986. ATTEST: Rose E. Aldag Town Clerk