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M 11-03-86TOWN OF LOS GATOS CALIFORNIA TOWN COUNCIL/PARKING AUTHORITY AGENDA NOVEMBER 3, 1986 TOWN COUNCIL The Town Council/Parking Authority met in a joint meeting in the Council Chambers of the Town Hall at 7:45 p.m., in regular session. ROLL CALL PRESENT:Joanne Benjamin, Thomas J. Ferrito and Mayor Terrence J. Daily. ABSENT:Eric D. Carlson and Brent N. Ventura. PLEDGE OF ALLEGIANCE Given by all in attendance. Mr. Ventura arrived at 7:50 p.m. CLOSED SESSION REPORT The Town Attorney stated Council had met in Closed Session prior to tonight's Council meeting and pursuant to Government Code Section 54956.9(a) discussed litigation of McCarty vs. Boehringer with Town of Los Gatos as intervenor with a complaint and intervention. Council agreed to settle the complaint and intervention for worker's compensation expenditure in the amount of $6,232.93.3 Also discussed was litigation of Overhouse vs. Town of Los Gatos. Nothing to report. Pursuant to Government Code section 54956.9(b) Council discussed the claim of Marnette Grube and late claims of Lawrence & Isabel Gregor and Oscar Sohns. With regards to each of the three items there was a finding of significant exposure to litigation and each of the items were discussed. Claim of Marnette Grube was settled in the amount of $1,302.98. Claim of Lawrence & Isabel Gregory was denied and claim of Oscar Sohns was denied. Pursuant to Government Code Section 54956.9(c) discussion was held on the institution of litigation on zoning violation and there is nothing to report. The Town Attorney stated that during Council recess Council will be meeting in Closed Session to discuss pursuant to Government Code Section 54956.9(a) Henry Burr vs. Town of Los Gatos. APPOINTMENTS PERSONNEL BOARD Mayor Daily stated there was one vacancy on the Personnel Board. Clerk had received applications from tim Riley and Robert Booth. Mr. Booth was not present for interview and Mr. Riley had withdrawn his application for this position at this time. Mrs. Benjamin moved to continue the appointment for the Personnel Board and directed the Clerk to readvertise for same. Mr. Ferrito seconded. Carried by a vote of three ayes. Mr. Carlson was absent and Mr. Ventura abstained. APPOINTMENTS YOUTH ADVISORY COMMISSION Mayor Daily stated that no applications were received for the adult member to said Commission and this will be readvertised. Applications for youth member were received from Kirsten Fish for Junior High level, a student of Union Middle School and Shawn Tuttle for High School level from Leigh High School. Interviews had been held prior to the meeting. Mr. Ferrito moved to appoint Kirsten Fish for Junior High level and Shawn Tuttle as High School member. Mrs. Benjamin seconded. Carried by a vote of four ayes. Mr. Carlson was absent. Mrs. Benjamin suggested that the Clerk still pursue receiving applications from Rolling Hill School and Westmont High School. BID AWARD RADIO COMMUNICATIONS EQUIPMENT It was noted that three bids were received for the purchase of radio communications equipment for use by Police, Parks, Forestry and Maintenance, and Engineering Department ranging from low bid of $45,781.31 to a high bid of $83,491.59. After some discussion, Mr. Ferrito moved to award the bid to Bridge Radio Services in the amount of $45,781.31 including tax and installation cost. Mrs. Benjamin seconded. Carried by a vote of four ayes. Mr. Carlson was absent. BID AWARD FORK LIFT It was noted that three bids were received for the purchase of (1) Stand-up End Control Fork-lift ranging from low bid of $13,133.85 to a high bid of $16,073.23. It was also noted that the low bidder did not meet bid specifications. After general discussion, Mr. Ferrito moved to award the bid to the next lowest bidder, Hyster Co., in the amount of $14,613.66. Mrs. Benjamin seconded. Carried by a vote of four ayes. Mr. Carlson was absent. BID AWARD UTILITY TRUCK It was noted three bids were received for the purchase of a 1987 Cab Chassis and Utility Body Truck ranging from low bid of $18,208.19 to a high bid of $19,882.74. There was discussion and questions regarding what is considered the low bid taking into account sales tax, servicing, etc. Mrs. Benjamin moved to continue the award of the bid until next meeting and direct staff to furnish report on questions posed by Council. Mr. Ventura seconded. Carried by a vote of four ayes. Mr. Carlson was absent. BID AWARD PICK-UP TRUCK 1987 It was noted that three bids were received for the purchase of a 1987 Pick-Up Truck to be used for patrol services by Park Rangers. Bids ranging from a low bid of $12,849.72 to a high bid of $15,980.45. After general discussion, Mr. Ventura moved to award the bid to Cerrito Chevrolet in the amount of $12,849.12. Mrs. Benjamin seconded. Carried by a vote of three ayes. Mr. Carlson was absent and Mayor Daily abstained. COMMUNICATIONS (referral/file) a.Letter from Los Gatos Rotary requesting authorization to hold "The saratoga to Los Gatos Great Race", on January 18, 1987. Mr. Ventura moved to refer this to the Town Manager for report. Mrs. Benjamin seconded. Carried by a vote of four ayes. Mr. Carlson was absent. b.Letter from PG&E regarding their application to increase the gas rates as of January 1, 1987. Note receipt and file. c.Letter from United Food & Commercial Workers Union. Mr. Ferrito moved to direct staff to prepare report for the next meeting. Mr. Ventura seconded. Carried by a vote of four ayes. Mr. Carlson was absent. d.Letter from the Chamber of Commerce requesting assistance with Annual Christmas Parade to be held on December 6, 1986. Mr. Ventura moved to refer this to the Town Manager for report. Mrs. Benjamin seconded. Carried by a vote of four ayes. Mr. Carlson was absent. SCHEDULE OF PUBLIC HEARINGS Council information on forthcoming schedule of public hearings. COUNTY REFERRALS Mr. Ventura moved to accept the County referrals as follows: 3013-28-42-86V Mozelle Ct.Ballard Variance No comment. 2621-27-85B-86GV-86GA Hillside Dr.Morgan/Wolff Grading abatement No comment. 2988-31-54-86P Los Gatos Blvd. Lim Use permit The previously file contiguity statement be rescinded and the Applicant be directed to file for annexation to the Town of Los Gatos and process the application for a Use Permit for the boarding house also with the Town. Mrs. Benjamin seconded. Carried y a vote of four ayes. Mr. Carlson was absent. SECONDARY DWELLING UNITS Monthly status report for Council information. CODE ENFORCEMENT Code Enforcement Officer quarterly report for first quarter, fiscal year 1986/87. Council information. PLANNING MONTHLY REPORT Council informational report. NOTICE OF COMPLETION PROJECT 323/324 Mr. Ventura moved for approval of Certificate of Acceptance and Notice of Completion for Project 323/324 - Shannon Road and Hicks Road Safety Improvements; authorize the Mayor to execute said Notice; and direct the Clerk to record said Notice. Mrs. Benjamin seconded. Carried by a vote of four ayes. Mr. Carlson was absent. DOWNTOWN PARKING ASSESSMENT DISTRICT Mr. Ventura moved to authorize staff to employ Wilbur Smith & Associates (WSA) to do additional engineering work as directed by the Town Engineer, not to exceed $8,830.00. Mrs. Benjamin seconded. Carried by a vote of three ayes. Mr. Carlson was absent. Mr. Ferrito abstained, due to possible conflict of interest as his office is within the assessment district and will be effected. PARKING PROHIBITION 646 N. SANTA CRUZ AVENUE Mr. Ventura moved to accept staff recommendation and the limited time parking prohibition remain in effect at 646 N. Santa Cruz Avenue. Mrs. Benjamin seconded. Carried by a vote of four ayes. Mr. Carlson was absent. PARKING PROHIBITION LYNDON AVENUE CUL-DE-SAC The Town Engineer, Ron Zapf, spoke on this issue and answered questions of Council. After discussion on what is really needed in this area and due to some confusion, Mrs. Benjamin moved to continue this to the next meeting. Mr. Ventura seconded. Carried by a vote of four ayes. Mr. Carlson was absent. TRAFFIC CONGESTION - LOS GATOS BLVD. & SARATOGA AVENUE Letter was received from Marshall Herman regarding traffic on Los Gatos Boulevard. Mr. Ferrito moved to send a letter to Mr. Herman thanking him for his suggestions and letting him know that the Town shares his concerns about traffic congestion on Los Gatos Boulevard and Saratoga Avenue. Mrs. Benjamin seconded. Carried by a vote of four ayes. Mr. Carlson was absent. ADDENDUM TO 1985-86 AUDIT Mr. Ventura moved to authorize compliance with Single Audit Act, including the additional expenditure to Main Hurdman, the Town's auditors. Mrs. Benjamin seconded. Carried by a vote of four ayes. Mr. Carlson was absent. STARMAN FILMING The Town Manager reported that filming Company had made a deposit to the Town to cover any damages to Town property. Filming has been completed and Columbia Pictures met all conditions as outlined by Council. Mr. Ventura moved to authorize Clerk to refund said deposit in the amount of $5,000.00. Mrs. Benjamin seconded. Carried by a vote of four ayes. Mr. Carlson was absent. RENT MEDIATION ANNUAL REPORT 1985-86 Informational report for Council. LAFCO POLICY GUIDELINES Mr. Ventura moved Council endorse the proposed revisions to LAFCO Policy guidelines. Mrs. Benjamin seconded. Carried by a vote of four ayes. Mr. Carlson was absent. SPORTS STADIUM FOR SAN JOSE It was consensus of Council that no action be taken on this matter. HAZARDOUS MATERIALS PERMIT FEES The Town Manager stated this report was conducted in response to a letter addressed to Council dated July 17, 1986 from F. Bodin stating fees for Hazardous Materials were a "Very high cost and a hardship for an individual". Mr. Ventura moved to accept the report and prior to making any decision in regards to a change in the fee structure it is recommended that: 1.Staff meet with members of the Central Fire District to review the inventory; determine the types of hazardous materials stored in Los Gatos and determine if a different fee structure would be fiscally feasible. 2.Meet with Cupertino decision makes to examine the possibility of maintaining a comparable or similar fee schedule to ease the inspection process for Central Fire District. 3.Consider whether additional fees are to be charged in connection with the additional inspection and monitoring responsibilities as a result of the State's adoption of the "Water Bill". Mrs. Benjamin seconded. Carried by a vote of four ayes. Mr. Carlson was absent. REPRESENTATIVE TO APPLY FOR F.E.M.A. Mr. Ventura moved for adoption of resolution No. 1986-166 entitled, A RESOLUTION DESIGNATING AUTHORIZED REPRESENTATIVE FOR THE TOWN OF LOS GATOS TO FILE FOR FEDERAL FINANCIAL ASSISTANCE UNDER THE DISASTER RELIEF ACT. Mrs. Benjamin seconded. Carried by a vote of four ayes. Mr. Carlson was absent. RESCIND HANDICAP PARKING SPACE AT 243 BACHMAN Mr. Ventura moved for adoption of resolution No. 1986-167 entitled, RESCIND HANDICAPPED PARKING SPACE AT 243 BACHMAN. Mrs. Benjamin seconded. Carried by a vote of four ayes. Mr. Carlson was absent. YOUTH ADVISORY COMMISSION AMENDMENT Mr. Ventura moved for adoption of Resolution No. 1986-168 entitled, RESOLUTION AMENDING THE YOUTH ADVISORY COMMISSION RESOLUTION RE MEMBERSHIP, QUORUM AND SCOPE OF FUNCTIONS AND RESCINDING RESOLUTION NO. 1986-142. Mrs. Benjamin seconded. Carried by a vote of four ayes. Mr. Carlson was absent. MINUTES - OCTOBER 6, 1986 Mrs.Benjamin moved for approval of the October 6, 1986, Council minutes as submitted. Mr. Ferrito seconded. Carried by a vote of four ayes. Mr. Carlson was absent. COMMUNICATIONS (for action) a.Letter from Santa Clara Valley Water District regarding nominations by Council for the District Boards consideration and appointment to the Board for the term of October 1986-87. Mrs. Benjamin moved to reappoint Ronald Zapf as representative and Gary Wolfinger as alternate. Mr. Ventura seconded. Carried by a vote of four ayes. Mr. Carlson was absent. b.Letter regarding activities at Marion Winery. Mrs. Benjamin moved to direct staff to draft a letter to Santa Clara County regarding the Hymel's concerns and draft a letter to the Hymel's indicating that this property is in the County. Mr. Ventura seconded. Carried by a vote of four ayes. Mr. Carlson was absent. PAYROLL OCTOBER 10, 1986 Mrs. Benjamin moved for approval of October 10, 1986, payroll in the amount of $132,702.37 plus related warrants in the amount of $121,387.73. Mr. Ventura seconded. Carried by a vote of four ayes. Mr. Carlson was absent. PAYROLL OCTOBER 24, 1986 Mrs. Benjamin moved for approval of October 24, 1986, payroll in the amount of $128,453.11 plus related warrants in the amount of $121,700.75. Mr. Ventura seconded. Carried by a vote of four ayes. Mr. Carlson was absent. WARRANTS OCTOBER, 1986 Mrs. Benjamin moved for approval of warrants for the month of October, 1986, in the amount of $605,331.84. Mr. Ventura seconded. Carried by a vote of four ayes. Mr. Carlson was absent. TREASURER'S REPORT SEPTEMBER 1986 Mayor Daily stated Council had received the Treasurer's report for the month of September, 1986. SENIOR CITIZENS OCCUPANCY Mayor Daily stated this is the time and place duly published to consider Senior Citizen occupancy at various Retirement and Senior Citizen establishments. Don Ross, Assistant Planning Director, explained to Council the definition of "senior citizen" as stated in the Zoning Ordinance and explained that with the new State legislation the necessity for the Town to make modifications to current ordinances to comply with the State legislation. The Town Manager answered questions of Council. Council members voiced their concerns and the Town Attorney explained the new State legislation. Mayor Daily stated the Town has six retirement complexes and these will all be considered under one hearing. Speaking on the issue were Mr. Gene Coyner, member of the Board of Directors for Los Gatos Commons on Alberto Way, read letter from R. Davis, President of the Los Gatos Commons Board. They oppose any change and requested Council to see if the State legislation can be changed and also request the Council to adopt a resolution authorizing the Los Gatos Commons to amend their CC&R's to conform with the proposed Ordinance amendment. Art C. Snyder, of the Los Gatos Commons, spoke on needs for younger members so they could be on the Board and help in the association. Jim Hempler, Administrator of the Los Gatos Meadows, stated the Meadows is a life care facility and sees no need for them to be included and age is no concern and he wants to keep the PD Zone as designated by the Town some years ago. Mr. Gilbert Nye, resident of the Los Gatos Commons, questioned Council on how the Ordinance would be enforced. The Town Manager stated enforcement would probably be handled on complaint basis similar to the Code enforcement. Mrs. Benjamin moved to continue this meeting to next Council meeting to answer some of the questions raised tonight. She expressed her concerns regarding State legislation telling the Town what it can do. Motion died for lack of second. Staff and Council discussed the necessity of introducing said Ordinance so they will comply with the State by January 1, 1987. No one else wished to speak on this issue. Mr. Ferrito moved to close the public hearing. Mr. Ventura seconded. Carried by a vote of three ayes. Mr. Carlson was absent. Mrs. Benjamin voted no because she feels there are other people wishing to speak on this issue. LOS GATOS MEADOWS 110 WOOD ROAD Mr. Ferrito moved to waive the reading for AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING ORDINANCE 938 WHICH AMENDED THE ZONING ORDINANCE EFFECTING ZONE CHANGE NO. 17 FROM R-1:40,000 AND RM:8,000 TO R.P.D. Mr. Ventura seconded. Carried by a vote of four ayes. Mr. Carlson was absent. Clerk read title. Mr. Ventura moved for introduction of said Ordinance. Mayor Daily seconded. Carried by a vote of three ayes. Mr. Carlson was absent. Clerk read title. Mr. Ventura moved for introduction of said Ordinance. Mayor Daily seconded. Carried by a vote of three ayes. Mr. Carlson was absent. Mrs. Benjamin voted no because she wants to treat all senior or retirement developments the same and until all questions have been answered the Ordinance should not be introduced. UNITED PRESBYTERIAN RETIREMENT ROSE AVENUE Mr. Ferrito moved to waive the reading for "AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING ORDINANCE 1067 WHICH AMENDED THE ZONING ORDINANCE EFFECTING ZONE CHANGE NO. 51 FROM R-1:8,000 TO R-1:8,000- PD. Mr. Ventura seconded. Carried by a vote of four ayes. Mr. Carlson was absent. Clerk read title of Ordinance. Mr. Ventura moved for introduction of Ordinance. Mayor Daily seconded. Carried by a vote of three ayes. Mr. Carlson was absent. Mrs. Benjamin voted no for reason stated previously. SENIOR CITIZENS OCCUPANCY (CONTINUED) LOS GATOS COMMONS Mr, Ferrito moved to waive the reading for AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING ORDINANCE 1279 WHICH AMENDED THE ZONING ORDINANCE EFFECTING CHANGE NO 147 FROM R-1:40,000 AND R-M:5-12 TO R-M:5-12-PD. Mr. Ventura seconded. Carried by a vote of four ayes. Mr. Carlson was absent. Clerk read title of Ordinance. Mr. Ventura moved for introduction of said Ordinance. Mayor Daily seconded. Carried by a vote of three ayes. Mr. Carlson was absent. Mrs. Benjamin voted no for reasons stated previously. 221, 223, 225, & 227 NICHOLSON Mr. Ferrito moved to waive the reading for AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING ORDINANCE 1513 WHICH AMENDED ZONING ORDINANCE EFFECTING ZONE CHANGE NO. 52 FROM RM:5-20-R-LHP TO R-1D-LHP-PD. Mr. Ventura seconded. Carried by a vote of four ayes. Mr. Carlson was absent. Clerk read title of the Ordinance. Mr. Ventura moved for introduction of the Ordinance. Mayor Daily seconded. Carried by a vote of three ayes. Mr. Carlson was absent. Mrs. Benjamin voted no for reasons stated previously. ANCIANO VILLAGE 576 W. PARR AVE. Assistant Planning Director, Don Ross, stated this Ordinance was revised earlier this year and meets the State requirements. No action needs to be taken. VILLA VASONA 612 W. PARR AVE. Mr. Ferrito moved to waive the reading for AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING ORDINANCE 1572 WHICH AMENDED THE ZONING ORDINANCE EFFECTING ZONE CHANGE NO. 52 FROM "O" AND R-M:5-12 TO R-1:8,000-PD. Mr. Ventura seconded. Carried by a vote of four ayes. Mr. Carlson was absent. Clerk read title of the Ordinance. Mr. Ventura moved for introduction of the Ordinance. Mayor Daily seconded. Carried by a vote of three ayes. Mr. Carlson was absent. Mrs. Benjamin voted no for reasons previously stated. APPEAL GUADALUPE RUBBISH DISPOSAL COMPANY, INC. Mayor Daily stated this was the time and place duly noted for continued public hearing to consider the appeal of Planing Commission's denial of the application for zone change application Z-84-6, the consideration to delete an existing Commercial- Industrial-Planned Development (LM-PD) Zone to create a new Commercial- Industrial-Planned Development Zone to permit the construction of a multi-facility (research and development, light industrial office). Owner/applicant - Guadalupe Rubbish Disposal Co., Inc. Linda Callon, representing applicant,spoke on the appeal noting reductions made as to square footage of the building for said site; the land dedicated to the Town for park purposes; and the concerns on Town's requesting the project to University Avenue and Lark Avenue when all the traffic reports show that this project would only generate 1% of traffic. They are willing to pay 1%. Mrs. Callon also stated there is no basis for requiring the Developer to pay 1% of the cost for widening of Blossom Hill Road Bridge at Highway 17. The Developer is requesting the following performance standards be changed as follows: #7 to be reworded to state the Developer to pay 1% of the cost of traffic signal at the intersection of University and Lark Avenue. #8 to state, the Developer to pay 1% cost of intersection improvements at the intersection of Los Gatos Boulevard/Blossom Hill Road and delete the intersection of Blossom Hill and Union Avenue. #19 delete the Developer paying 1% of the cost of widening the bridge at Blossom Hill Road and Highway 17. Mrs. Callon urged Council to amend the Ordinance as stated above. The Town Engineer, Ron Zapf, answered questions of Council on payments of cost as stated above and explained the rationale of the costs as stated. Ardith Sams, Chairperson of the Park Commission, and Dennis Varni, applicant of the project, spoke on the issue. There was further discussion on the performance standards. No one else from the audience wished to speak on this appeal. Mr. Ventura moved the public hearing be closed. Mrs. Benjamin seconded. Carried by a vote of four ayes. Mr. Carlson was absent. Mr. Ferrito moved to make the negative declaration. Mrs. Benjamin seconded. Carried by a vote of four ayes. Mr. Carlson was absent. Mr. Ferrito moved to make the negative declaration. Mrs. Benjamin seconded. Carried by a vote of four ayes. Mr. Carlson was absent. Mrs. Benjamin moved to delete #19 from the performance standard in the Ordinance which would eliminate any cost to the developer regarding widening of the Blossom Hill Road Bridge. Mr. Ferrito seconded. Carried by a vote of four ayes. Mr. Carlson was absent. Mrs. Benjamin moved to delete any cost of Blossom Hill Road and Union Avenue from Performance Standard #8. Mr. Ventura seconded. Carried by a vote of four ayes. Mr. Carlson was absent. Mrs. Benjamin moved to amend Performance Standard #7 to read, Developer to pay 1% of traffic signal at University and Lark Avenues. Mr. Ferrito seconded. Carried by a vote of three ayes. Mr. Carlson was absent and Mr. Ventura voted no. Mr. Ventura moved to amend Performance Standard #11 and add two bar- b-que pits, to be furnished by the Developer. Discussion was held on the motion and motion was withdrawn by Mr. Ventura. Mr. Ferrito moved to make findings that the Planning Commission erred in that (1) they did not give adequate consideration to the fact that there is an approved PD project on this parcel which would generate approximately 1000 trips a day and which would allow for various uses which are not in favor in Town at this point; (2) Planning Commission also failed to consider the dedication, by the Developer, of approximately $186,000 worth of park land to the Town; (3) based upon staffs recommendation the bridge widening at Blossom Hill Road and Highway 17 could not be justified; (4) and Planning Commission erred in that it required traffic signal contributions of the type and nature that were beyond our ability to recognize as traffic impacts. Mrs. Benjamin seconded and added that (5) Planning Commission failed to give credit to the current traffic trips already being generated; (6) flex time would be considered as the building is leased; and (7) Mrs. Benjamin commented that when the park dedication was considered Planning Commission had not made a trip out to see the actual land. Motion carried by a vote of four ayes. Mr. Carlson was absent. Mr. Ferrito moved the rezoning is consistent with the General Plan. Mr. Ventura seconded. Carried by a vote of four ayes. Mr. Carlson was absent. Mr. Ferrito moved to add Performance Standard #25 to read, "Developer enter into a long term maintenance agreement with the Town to the satisfaction of the Director of Parks, Forestry and Maintenance whereby trees on hillside property fronting on University Avenue (contiguous with Park) be kept in its natural state". Mr. Ventura seconded. Carried by a vote of four ayes. Mr. Carlson was absent. Mr. Ferrito moved reading be waived for AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONING ORDINANCE EFFECTING ZONE CHANGE NO. _____ FROM LM-PD TO LM-PD. Mr. Ventura seconded. Carried by a vote of four ayes. Mr. Carlson was absent. Clerk read title of Ordinance. Mrs. Benjamin moved for introduction of Ordinance as amended. Mr. Benjamin moved for introduction of Ordinance as amended. Mr. Ventura seconded. Carried by a vote of four ayes. Mr. Carlson was absent. CLOSED SESSION The Town Attorney announced that during the recess, Council would meet in Closed Session to discuss pursuant to Government Code Section 54956.9(a) Henry Burr vs. Town of Los Gatos. RECESS Mayor Daily declared a recess whereby Council met in Closed Session. The regular meeting reconvened at 11:00 p.m. APPEAL WILLIAM HIGGINS 400 BLOSSOM HILL ROAD Mayor Daily stated this was the time and place duly noted for continued hearing to consider Town Council's decision in the placing of a condition to the approval of constructing an additional office building at 400 Blossom Hill Road by limiting the number of staff allowed in the building. Mr. Higgins spoke on the issue stating he had given the wrong number of employees that would occupy the building when this had been brought to Council previously. After further discussion and on the request of Mr. Higgins, it was consensus of council to continue this matter for full Council consideration. This appeal is continued to the meeting of December 1, 1986. APPEAL 16500 MOZART AVE. YMCA Mayor Daily stated this was the time and place duly noted for public hearing to consider the appeal of Planning Commission's denial of subdivision application M-85- 14 requesting approval of a tentative subdivision map to divide an approximately 5 acre parcel into 19 lots on property in the R-1:8,000 Zone on property located at 16500 Mozart Avenue. Speaking on this issue was Deborah McCown, Executive Director of YMCA. She spoke on the various needs and reasons the YMCA moved to a larger facility and feels the sale of the 16500 Mozart Avenue property for residential building will enhance the neighborhood and request Council to overturn Planning Commission's denial of their application for subdivision of said property for residential purposes. Other persons speaking on this issue and favoring the development of residential homes were Dennis People's, David Edlund, Mr. Coker, Jeanne Coker and Fred Bradley, President of the YMCA. Candy Awalt spoke in opposition of the residential development. During the meeting a petition was presented to Town Clerk signed by 20 residents neighboring the area, under discussion, favoring the residential development. No one else from the audience wished to speak on this issue. Mrs. Benjamin moved to close the public hearing. Mr. Ferrito seconded. Carried by a vote of four ayes. Mr. Carlson was absent. Mr. Ferrito moved to grant the appeal finding that the Planning Commission misinterpreted the statement in the General Plan; did not recognize there was a net decrease in traffic generation and did not take into consideration the fact that the YMCA was located on two (2) dead end streets in the middle of a single family neighborhood and that the proposal was absolutely consistent with the current zoning. Mrs. Benjamin seconded. Carried by a vote of four ayes. Mr. Carlson was absent. Mr. Ferrito stated for the record that in Council's staff report apparently the Planning Commission focused on Section 5.53 of the General Plan, but in Section 5.52 the General Plan does contemplate changes in uses. Mr. Ventura moved to make the negative declaration. Mr. Ferrito seconded. Carried by a vote of four ayes. Mr. Carlson was absent. Discussion was held regarding conditions suggested by DRC Committee. Mr. Ferrito incorporated conditions as set forth by staff deleting 9 and 10, they refer to lot 20 which no longer exists. Conditions are as follows: 1. The maximum number of lots in the subdivision shall be 19. 2. A final map shall be filed, to the satisfaction of the Town Engineer. 3. The following shall be dedicated, to the satisfaction of the Town Engineer: a. Cul-de-sacs. A 56-foot street right-of-way with a standard 42-foot radius cul- de-sac. b. Mozart Avenue. A 30-foot half-street right-of-way with a standard 20-foot radius curb return. c. Storm, sanitary and utility easements as required. 4.The following improvements shall be guaranteed by contract, Faithful Performance Bond, Labor & Materialman's Bond, and insurance to the satisfaction of the Town Engineer: a. Cul-de-sacs. Curb, gutter and sidewalk, paving, street lighting, storm and sanitary sewers, underground all utilities, and signing. b. Mozart Avenue. A standard 30-foot half-street, including curb and gutter, sidewalks, street lighting, tie-in paving, signing and storm and sanitary sewers, as required. c. Erosion control. d. Paved utility access road over easement on Lot 20. 5.All documents, contracts, bonds, insurance, as applicable, shall be provided prior to recordation of any final map or issuance of any permits to the satisfaction of the Town Engineer. 6.Interim and final erosion control plans shall be prepared and submitted to the satisfaction of the Town Engineer. Grading activities shall be limited to the period of least rainfall (April 15 to October 1). If grading is allowed to proceed during the rainy season, a maximum of two weeks shall be allowed between clearing of an area and stabilizing/building on this area. In addition, straw bales and plastic sheeting shall be stored on-site for emergency control, if needed. To protect downstream water quality during winter months, filter berms, check dams, retention basins, silt fences, nd straw bale dikes shall be installed as needed on the project site. 7.A well information questionnaire (available through the Town Engineer) shall be completed to the satisfaction of the Town Engineer. 8.An agreement shall be entered into guaranteeing payment o the 6.75% of the cost of the traffic signal at Oka Road and Lark Avenue, to the satisfaction of the Town Engineer. 9.A two-year tree maintenance contract shall be established for the protection of existing and newly planted trees, to the satisfaction of the Town Engineer. 10.Prior to any building permits being issued, the applicant shall meet with the Director of Parks, Forestry and Maintenance Services concerning the need for protective fencing around the existing trees. A plan for such protective fencing demonstrating type and location shall be submitted to the Planning Director after being approved by the Director of Parks, Forestry and Maintenance Services. Such fencing is to be installed prior to, and be maintained during, construction. 11.A final tree removal plan shall be approved by the Director of Parks, Forestry and Maintenance Services as necessary for each individual lot prior to issuance of any building permits. 12.The existing residence cannot be demolished, but may be relocated as approved by the Planning Director. 13.Where feasible, the proposed future residences shall be provided with good solar orientation and other energy conservation features such as solar hot water heating. Mrs. Benjamin seconded. Carried by a vote of four ayes. Mr. Carlson was absent. Mr. Ferrito moved Council finds that reason for denial did not exist under the Subdivision Map Act. Mrs. Benjamin seconded. Carried by a vote of three ayes. Mr. Carlson was absent. Mr. Ventura was not present at the time of voting. The Town Attorney to prepare an appropriate resolution for Council consideration at the next meeting. CONTINUATION Mr. Ferrito moved to continue the Council meeting past mid-night to complete the agenda. Mrs. Benjamin seconded. Carried by a vote of three ayes. Mr. Carlson was absent. Mr. Ventura was not present at the time of voting. APPEAL 113 MADERA CT. (L. HOUGHTON) Mayor Daily stated this was the time and place duly noted for public hearing to consider Planning Commission's denial of Architecture and Site Application S-83-40A requesting approval of plans for construction of a swimming pool on property in the HR-2 1/2 Zone. Property located at 113 Madera Court, owner L. Houghton. Mr. Houghton referred to his letter regarding submitting revise plans to Planning and DRC Committee. No one from the audience wished to speak on this issue. Mr. Ferrito moved public hearing be closed. Mrs. Benjamin seconded. Carried by a vote of four ayes. Mr. Carlson was absent. Mr. Ferrito moved to remand this project back to the Planning Commission and DRC Committee to consider applicants revised plans. Mrs. Benjamin seconded. Carried by a vote of four ayes. Mr. Carlson was absent. CLOSED SESSION REPORT The Town Attorney, Mary Jo Levinger, reported on Closed Session which was held at Council recess. In accordance with Government Code Section 54956.9(a) Council discussed the litigation of Henry Burr vs. Town of Los Gatos. Council authorized settlement in the amount of $15,079.00. ZONE ORDINANCE AMENDMENT (THE TERRACES) Mr. Ferrito moved for adoption of Ordinance No. 1692 entitled, AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONING ORDINANCE EFFECTING ZONE CHANGE NO. 70 FROM RM:5-20 TO RM:5-20-PD. Mrs. Benjamin seconded. Carried by a vote of three ayes. Mayor Daily voted no. Mr. Carlson was absent. SUPPLEMENTAL APPROPRIATION TRAFFIC STUDY (THE TERRACES) Mrs. Benjamin moved to approve a supplemental appropriation from General Fund Appropriated Reserve in the amount of $15,000.00 for traffic study in conjunction with the Terraces Project. Mr. Ventura seconded. Carried by a vote of four ayes. Mr. Carlson was absent. REHAB LOAN HOUSING INDEPENDENT PEOPLE, INC. Mrs. Benjamin moved to waive the six percent (6%) interest fee on the owner/investor Housing Conservation Program loan applied for by Housing for Independent People, Inc., through the Town's Housing Conservation Program. Mayor Daily seconded. Carried by a vote of four ayes. Mr. Carlson was absent. HISTORIC RESOURCES INVENTORY Mr. Ferrito moved to approve the concept of a historic resources inventory and direct staff to solicit Historic Inventory proposals from additional consulting firms and return with a request for approval during the 1987 budget hearings. Mr. Ventura seconded. Carried by a vote of four ayes. Mr. Carlson was absent. Mardi Bennett introduced Linda Laird from Tucson. Mrs. Bennett stated she and Ms. Laird were going to Sacramento to find out more on the subject of receiving grants or funding from the State on these historic resources inventory. SUPPLEMENTAL AGREEMENT IMPROVEMENTS 155 COLLEGE AVE. Mr. Ferrito moved to deny the request for a time extension and remand this back to the Planning Commission to initiate for reversion to acreage proceedings. Planning to schedule public hearing to review the issue. Mr. Ventura seconded. Carried by a vote of four ayes. Mr. Carlson was absent. DELEGATION OF SETTLEMENT CLAIM AUTHORITY Mr. Ventura moved for adoption of Resolution No. 1986-169 entitled RESOLUTION AUTHORIZING GEORGE HILLS COMPANY, INC. AND THE ABAG PLAN TO SETTLE TORT CLAIMS NOT EXCEEDING THE SUM OF $1,500.00. Mrs. Benjamin seconded. Carried y a vote of four ayes. Mr. Carlson was absent. INVESTMENT PRACTICES The Town Manager stated the report refers to Town's Investment Policy but should be corrected to reflect the Treasurer's Investment Policy. After some discussion, Mr. Daily moved staff send letter to Rae Schmuck and suggest she communicate her concerns directly to the Town Treasurer. Mrs. Benjamin seconded. Carried by a vote of four ayes. Mr. Carlson was absent. MAYOR'S/PLANNING COMMISSION BREAKFAST Mayor stated this would be continued to November 14, 1986. ADJOURNMENT Mr. Ventura moved meeting be adjourned at 12:50 a.m., Tuesday, November 4, 1986. Mrs. Benjamin seconded. Carried by a vote of four ayes. Mr. Carlson was absent. ATTEST: Rose E. Aldag Town Clerk