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M 09-08-87TOWN OF LOS GATOS CALIFORNIA TOWN COUNCIL/PARKING AUTHORITY AGENDA SEPTEMBER 8, 1987 TOWN COUNCIL The Town Council/Parking Authority met in the Council Chambers of the Town Hall at 8:00 p.m., in regular session. ROLL CALL PRESENT:Joanne Benjamin, Thomas J. Ferrito, Robert l. Hamilton, and Mayor Brent N. Ventura. ABSENT:Eric D. Carlson. PLEDGE OF ALLEGIANCE Given by all in attendance. CLOSED SESSION The Town Attorney, Mary Jo Levinger, stated Council had met in Closed Session prior to this evenings meeting and discussion was held on the following pending litigations pursuant to Government Code Section 54956.9(a): 1.Farwell vs. Town of Los Gatos. No report. 2.Overhouse vs. Town of Los Gatos. A settlement in the amount of $35,000.00 has been reached. The settlement is not from Town funds it is insurance proceeds. 3.Trusso vs. Town of Los Gatos. No report. Pursuant to Government Code Section 54956.9(c) the following institutions of litigation were discussed: 1.Institution of litigation regarding payment of salaries. No report. 2.Institution of litigation regarding HVAC System. No report. There was discussion on labor relations. Under another item on this agenda there will be approval of agreement with AFSCME, labor union, for a one year contract. BID AWARD SURVEILLANCE COMMUNICATION EQUIPMENT FOR POLICE DEPT. Bid were received from Audio Intelligence Devices sin the amount of $4,309.00 and Aerolog Industries, Inc., in the amount of $6,375.00 plus 6.5% sales tax for the purchase of a specialized surveillance communication equipment system for the Police Department. Interim Chief, Art Roy, answered Council's questions regarding the need and use of the need and use of the audio device. Mr. Ferrito moved to award the bid for the purchase of a specialized audio surveillance communication equipment system to Audio Intelligence Devices, in the amount of $4,610.63, which includes tax. Mr. Hamilton seconded. Carried by a vote of four ayes. Mr. Carlson was absent. SCHEDULE OF PUBLIC HEARINGS Council informational report. COUNTY REFERRALS Mrs. Benjamin moved to accept staff recommendations as follows: 3332-22-48-87B Beggs Rd. Shearer Single Building site No comment. MSR 279 Lexington Dr./Daves Ave. Halaburka & Hunt Lot Line Adjustment No comment. MSR 280 Kart Ave.Montano Lot split. The proposed driveway be moved to approximately ten feet from base of oak tree at the end of Smith Creek Road and interlocking pavers be placed in driveway under the dripline of oak trees. An emergency access road connecting Smith Creek Road to Via Palomino be part of this application and a new driveway constructed to incorporate road system. 3316-31-52-87V-78SP Topping Way Wach Variance & Special Permit. Denial of the variance and approval of a guest house without kitchen facilities providing the County can include a condition that would prevent any possibility that the guest house could become a secondary dwelling unit. Mr. Hamilton seconded. Carried by a vote of four ayes. Mr. Carlson was absent. COUNCIL CALENDAR OF MEETINGS Council informational report. PAYROLL & RELATED CHECKS AUGUST 28, 1987 Mrs. Benjamin moved for the approval of the August 28, 1987 payroll in the amount of $164,384.52; related warrants in the amount of $101,861.63; and voided and reissued payroll checks. Mr. Hamilton seconded. Carried by a vote of four ayes. Mr. Carlson was absent. AUGUST, 1987 WARRANTS Mrs. Benjamin moved for the approval of the August, 1987 accounts payable in the amount of $252,383.24. Mr. Hamilton seconded. Carried by a vote of four ayes. Mr. Carlson was absent. PLANNING COMMISSION/DEPT. MONTHLY REPORT Council informational report. NOTICE OF COMPLETION BLOSSOM HILL PARK & LA RINCONADA PARK Mrs. Benjamin moved for the adoption of the Certificate of Acceptance and Notice of Completion for the Tennis Court Resurfacing of Blossom Hill Park and La Rinconada Park. Mr. Hamilton seconded. Carried by a vote of four ayes. Mr. Carlson was absent. BLACKBERRY HILL ROAD ANNEXATION Discussion was held concerning the construction of a single family home on Blackberry Hill Road. This item was pulled from the agenda and continued to September 21, 1987 Council meeting. Staff to look into a deferred annexation agreement and check with Sanitation District 4 regarding sewer hook-up. WAIVER OF FEES LOS GATOS UNION SCHOOL DIST. The Los Gatos Union School District requested waiver of $500.00 fee for the modification of a Conditional Use Permit. Mrs. Benjamin moved to waive the $500.00 fee. Mr. Hamilton seconded. Carried by a vote of four ayes. Mr. Carlson was absent. CHERRY BLOSSOM NEIGHBORHOOD MEETING At the July 20, 1987 meeting, Council directed staff to schedule a neighborhood meeting in September to discuss the Cherry Blossom Neighborhood Study and modify the Public Meeting Notice. Mrs. Benjamin moved to approve the date and time (Thursday, September 17, 1987 from 7:00 p.m. to 9:00 p.m. at Blossom Hill School cafeteria) of the neighborhood meeting and the Public Meeting Notice to be distributed to the Blossom Hill Manor neighborhood; and direct staff to report back to the Town Council at the October 19, 1987 Council meeting with the results of the meeting and specific recommendations. Mr. Hamilton seconded. Carried by a vote of four ayes. Mr. Carlson was absent. SANTA CLARA VALLEY WATER DISTRICT - STUDY OF URBAN RUNOFF Mrs. Benjamin moved to authorize the Mayor to sign an agreement with the Santa Clara Valley Water District for the purpose of implementing a plan of action for a study of urban runoff as required by the Regional Water Quality Control Board (not to exceed $18,816.00); and authorize a supplemental appropriation in the amount of $18,816.00 from General Fund Appropriated Reserve. Mr. Hamilton seconded. Carried by a vote of four ayes. Mr. Carlson was absent. AMICUS BRIEF BELAIR VS. RIVERSIDE COUNTY Mrs. Benjamin moved for approval to participate in Amicus Brief in Belair vs. Riverside County Flood Control District (inverse condemnation case) at no cost to the Town of Los Gatos. Mr. Hamilton seconded. Carried by a vote of four ayes. Mr. Carlson was absent. FORRESTER ROAD TRAIL This item was pulled from the agenda and continued to the September 21, 1987 Council meeting. ANNUAL REPORT YOUTH ADVISORY COMMISSION Mrs. Benjamin moved to approve the Youth Advisory Commission's recommendation to grant the 1986/87 Youth Advisory Commission Community service award to Laura Chamberlain and also approve allocation of $100.00 from the Youth Advisory Commission's deposit; and approve the youth Advisory Commission's Fiscal Year 1986/87 Annual Report. Mr. Hamilton seconded. Carried by a vote of four ayes. Mr. Carlson was absent. ART'S COMMISSION ANNUAL ART AWARD PROPOSAL Mrs. Benjamin moved to approve the Annual Arts award project proposed by the Art's Commission; appropriation of donated funds ($450 - to date) currently held in deposit by the Town; and other funds raised through their solicitation be deposited and earmarked for this project as needed to meet the costs outlined in the budget. Mr. Hamilton seconded. Carried by a vote of four ayes. Mr. Carlson was absent. VOTING MEMBER & ALTERNATE FOR LCC ANNUAL CONFERENCE Mrs. Benjamin moved to designate Mayor Ventura as the voting member and Deborah Swartfager, Town Manager, as alternate to the League of California Cities Annual Conference. Mr. Hamilton seconded. Carried by a vote of four ayes. Mr. Carlson was absent. AFSCME APPROVAL OF M.O.U. Mrs. Benjamin moved for the adoption of resolution No. 1987-116 entitled, A RESOLUTION APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE TOWN OF LOS GATOS AND AFSCME. Mr. Hamilton seconded. Carried by a vote of four ayes. Mr. Carlson was absent. COMMENDING LOS GATOS CENTENNIAL, INC. VOLUNTEERS Mrs. Benjamin moved to proclaim October 7, 1987 as a special day of recognition for the townspeople who volunteered on the Centennial Committees and adopt the following resolutions: Resolution No. 1987-117 entitled, A RESOLUTION COMMENDING THE LOS GATOS CENTENNIAL, INC.'S DEDICATED VOLUNTEERS (Executive Board); Resolution No. 1987-118 entitled, A RESOLUTION COMMENDING THE LOS GATOS CENTENNIAL, INC'S DEDICATED VOLUNTEERS (Fund raising Committee); Resolution No. 1987-119 entitled, A RESOLUTION COMMENDING THE LOS GATOS CENTENNIAL, INC'S DEDICATED VOLUNTEERS (Historical Advisory Committee); Resolution No. 1987-120 entitled, A RESOLUTION COMMENDING THE LOS GATOS CENTENNIAL,INC.'S dedicated volunteers (Communications Committee); Resolution No. 1987-121 entitled, A RESOLUTION COMMENDING THE LOS GATOS CENTENNIAL, INC.'S DEDICATED VOLUNTEERS (Centennial Pageant Committee); Resolution No. 1987-122 entitled, A RESOLUTION COMMENDING THE LOS GATOS CENTENNIAL, INC.'S DEDICATED VOLUNTEERS (Special Events Committee); and Resolution No. 1987-123 entitled, A RESOLUTION COMMENDING THE LOS GATOS CENTENNIAL, INC.'S DEDICATED VOLUNTEERS (Steering Committee). Mr. Hamilton seconded. Carried by a vote of four ayes. Mr. Carlson was absent. RESOLUTION COMMENDING LOS GATOS SCHOOL SYSTEM Mrs/ Benjamin moved for the adoption of Resolution No. 1987-124 entitled, A RESOLUTION OF THE TOWN OF LOS GATOS COMMENDING THE LOS GATOS SCHOOL SYSTEM. MR. hAMILTON SECONDED. cARRIED BY A VOTE OF FOUR YES. Mr. Hamilton seconded. Carried by a vote of four ayes. Mr. Carlson was absent. ORDINANCE MARIA'S BERRY FARM HISTORICAL DESIGNATION Mrs. Benjamin moved for the adoption of Ordinance No. 1734 entitled, AN ORDINANCE OF THE TOWN OF LOS GATOS DESIGNATING STRUCTURES AS HISTORICALLY AND CULTURALLY SIGNIFICANT (MARIA'S BERRY FARM). Mr. Hamilton seconded. Carried by a vote of three ayes. Mr. Ferrito abstained and Mr. Carlson was absent. LONG'S DRUG STORE - 15698 LOS GATOS BLVD . Mrs. Benjamin moved for the adoption of resolution No. 1987-125 entitled, RESOLUTION REMANDING TO PLANNING COMMISSION THE APPEAL OF PLANNING COMMISSION DENIAL OF REQUEST TO OPERATE A SUPER DRUGSTORE WITHIN THE EXISTING NOB HILL SHOPPING CENTER AND TO MAKE EXTERIOR MODIFICATION TO EXISTING CENTER ON PROPERTY IN THE C-1 ZONE (15698 Los Gatos Boulevard - Long's Drug Stores California, Inc.). Mr. Hamilton seconded. Carried by a vote of three ayes. Mayor Ventura abstained and Mr. Carlson was absent. RESOLUTION REMANDING TO PLANNING COMM. 37 BROADWAY (D. SYLVESTER) Mrs. Benjamin moved for the adoption of resolution No. 1987-126 entitled, RESOLUTION REMANDING TO PLANNING COMMISSION THE APPEAL OF PLANNING COMMISSION APPROVAL WITH CONDITIONS OF REVISED PLANS FOR EXPANSION AND REHABILITATION OF SINGLE FAMILY RESIDENCE IN R-1D-LHP ZONE (37 Broadway - Daniel Sylvester). Mr. Hamilton seconded. Carried by a vote of three ayes. Mr. Ferrito abstained and Mr. Carlson was absent. BUS LOADING ZONE N. SANTA CRUZ AVE. Mrs. Benjamin moved for the adoption of Resolution No. 1987-127 entitled, BUS LOADING ZONE N. SANTA CRUZ AVENUE. Mr. Hamilton seconded. Carried by a vote of four ayes. Mr. Carlson was absent. This Resolution relocates the bus stop from 147 N. Santa Cruz Avenue to 155 N. Santa Cruz Avenue with 60 feet of red curb. STOP SIGN UNIVERSITY AVE. & ROBERTS RD. Mrs. Benjamin moved for the adoption of resolution No. 1987-128 entitled, VEHICULAR STOP A RESOLUTION DESIGNATING A FOUR WAY VEHICULAR STOP AT THE INTERSECTION OF UNIVERSITY AVENUE WITH ROBERTS ROAD. Mr. Hamilton seconded. Carried by a vote of three ayes. Mr. Ferrito abstained and Mr. Carlson was absent. VERBAL COMMUNICATIONS Mrs. Rice, 150 Wooded View Drive, spoke on the traffic hazards on the curved part of Shannon Road. Mrs. Benjamin requested a staff report. APPEAL - 104 UNIVERSITY AVENUE Mayor Ventura stated this was the time and place duly noted for continued public hearing to reconsider the decision of Council in denying the appeal from Planning Commission denial of request for approval of plans to convert additional residential space to commercial retail or office area on property located in the C- 2 Zone. Property located at 104 University Avenue. Mr. Hamilton moved to continue this item to November 2, 1987 for consideration by a full Council. Mr. Ferrito seconded. Carried by a vote of four ayes. Mr. Carlson was absent. APPEAL - 300 BLOSSOM HILL ROAD (Z-86-6) Mayor Ventura stated this was the time and place duly noted for public hearing to consider appeal of Planning Commission's denial of Zone Change Application Z- 86-6, a request for a change in zone from O, R-1:8,000 and RM:5-20 to RM:R- 20-PD in order to construct a 72 unit residential development on 10.2 acres of property at the southwest corner of Blossom Hill Road and Roberts Road and the denial of request for certification of a Draft Environmental Impact Report EIR- 851A. Property owners, Ed Nino and Vasona Hills Partnership. Que Naderzad and Steve Saraydpout of Vasona Hills Partnership, presented Council with two new site plans (Plan A and Plan B) and requested approval of Plan B. Mr. Bowman, Planning Director, answered Council's questions. There were questions from Council regarding subdivisions and Planned Developments. Mr. Bowman stated this proposal would not qualify as a subdivision because some of the lots are less than minimum lot size. Mrs. Benjamin feels the Town needs single family homes moderately priced. No one else from the audience wished to speak on this issue. Mr. Ferrito moved to close the public hearing. Mr. Hamilton seconded. Carried by a vote of four ayes. Mr. Carlson was absent. Mr. Ferrito moved to send this back to the DRC with the following proposals: 1) move this project along quickly; 2) instruct staff that the entrance to Vasona Park be redone by the developer and the entrance be signalized; 3) the overcrossing at Highway 17 and the Roberts Road Bridge improvement be deleted as a requirement of the developer; and 4) indicate that the level of traffic generated for 32 single family units plus the BMP units is accepted. Mrs. Benjamin seconded. She agreed with all comments except the BMP units and feels this needs to be re- examined before making a decision. Carried by a vote of three ayes. Mayor Ventura voted no and Mr. Carlson was absent. Mayor Ventura voted no and Mr. Carlson was absent. Mayor Ventura stated his reason for voting no was because the Town is not addressing the traffic problems and traffic is being incrementally increased. Mr. Ferrito added by discussing the Vasona entrance and the hwy 17 overcrossing and Roberts Road issues he did not mean to delete any of the other issues discussed previously. APPEAL - 404 UNIVERSITY AVENUE (SCOTT) Mayor Ventura stated this was the time and place duly noted for public hearing to consider the appeal of Planning Commission's denial of the demolition of an existing single family residence and the construction of an office building in the O (Office) Zone. Property owner, J & P Scott, Inc. at 404 University Avenue. Paul Lamphere, Attorney for applicant, requested continuance of this item for consideration by a full Council. Mr. Ferrito moved to continue this item to November 16, 1987. Mrs. Benjamin seconded. Carried by a vote of four ayes. Mr. Carlson was absent. RECESS Mayor Ventura declared a ten minute recess. The meeting reconvened at 9:25 p.m. APPEAL - 219 MASSOL AVE. Mayor Ventura stated this was the time and place duly noted for public hearing to consider the appeal of Planning Commission's approval of plans to remodel and construct a second story to an existing single family residence in the R-1D-LHP Zone (S-87-23). Property located at 219 Massol Avenue. Owner Jack & Janet Cook. Appellant, J. McManis. James McManis, 216 Glenridge Avenue, appellant spoke in support of his appeal and feels the proposed remodeling is not in keeping with the historic district and the Zoning Ordinance. Also speaking in opposition to the project was Robert Kreb, 206 Glenridge Avenue. Preston Hill, representing Mr. & Mrs. Cook; Jack Cook, property owner, presented Council with revised plans and photographs; Janet Cook, property owner, stated she went into the neighborhood and explained the plans; Dennis Burrow, Architect for the project; Randy Attaway, 250 Glenridge; Mr. Patterson, 232 Massol Avenue; Michael Schradle, property owner 228 Massol Avenue; Bella Goins, 224 Massol Avenue; Karen Hack 155 Massol Avenue; and Genevieve Peacock, 231 Massol Avenue al spoke in support of the remodeling. No one else from the audience wished to speak on this issue. Mrs. Benjamin moved the public hearing be closed. Mr. Hamilton seconded. Carried by a vote of four ayes. Mr. Carlson was absent. There was further discussion by Council regarding size and height of the house on the lot. The owner and architect to return to council with modified plans showing less floor area and less height. Mrs. Benjamin moved to continue this item to September 21, 1987. Mr. Ferrito seconded. Carried by a vote of four ayes. ZONING ORDINANCE AMENDMENT A-87-9 Mayor Ventura stated this was the time and place duly noted to consider Zoning Ordinance Amendment A-87-9, consideration of amendment to the Town Zoning Ordinance concerning uses permitted in the LM (Commercial-Industrial) Zone. No one form the audience wished to speak on this issue. Mr. Ferrito moved to close the public hearing. Mrs. Benjamin seconded. Carried by a vote of four ayes. Mr. Carlson was absent. Mr. Ferrito made the finding that Zoning Ordinance Amendment A-87-9 is consistent with the General Plan. Mrs. Benjamin seconded. Carried by a vote of four ayes. Mr. Carlson was absent. Mr. Ferrito moved to waive the reading for AN ORDINANCE OF THE TOWN OF LOS GATOS CONSIDERING AMENDMENTS TO THE ZONING ORDINANCE CONCERNING THE USES PERMITTED IN THE LM (COMMERCIAL- INDUSTRIAL) ZONE. Mrs. Benjamin seconded. Carried by a vote of four ayes. Mr. Carlson was absent. Deputy Clerk read the title of the Ordinance. Mr. Ferrito moved the ordinance be introduced. Mrs. Benjamin seconded. Carried by a vote of four ayes. Mr. Carlson was absent. MINUTES AUGUST 3, 1987 Clerk to check tape for Mr. Hamilton's votes on the Parking Assessment District Lawsuit (page 2) and the Police Chief Recruitment (page 3) of the August 3, 1987 minutes. Continued to the September 21, 1987 Council meeting. MINUTES AUGUST 17, 1987 Mrs. Benjamin moved the minutes of August 17, 1987 be approved as submitted. Mr. Hamilton seconded. Carried by a vote of three ayes. Mr. Ferrito abstained and Mr. Carlson was absent. TREASURER REPORT JULY 1987 Mayor Ventura noted the Council had received the Treasurer's report for the month of July, 1987. REQUEST FOR FUNDS - SISTER CITY COMMITTEE Mrs. Benjamin moved to approve the request from the Sister Cities Committee for additional allocation of $150.00 from the General Fund Appropriated reserve. Mr. Hamilton seconded. Carried by a vote of three ayes. Mr. Ferrito voted no and Mr. Carlson was absent. Dale Chambers, Sister City Chairman, spoke in support of the request. COUNTY REFERRALS BUILDING SITE APPLICATIONS Mr. Ferrito moved to accept conceptual building plans when reviewing County Referrals concerning Building Site Applications; and approval of application by the County should be conditioned to require the plans for the Design Review Application to be in compliance with the conceptual building plans. Mrs. Benjamin seconded. Carried by a vote of four ayes. Mr. Carlson was absent. RESOLUTION REMANDING TO PLAN COMM. 167 VILLA AVE. (TUZAR) It was consensus of Council to return the resolution to staff for the following corrections: 2a to read, "eliminate the driveway to Main Street, replacing it with landscaping and add parking;" and correct 2b to read, "re-examine the landscaping plan and add large growing trees that would allow visibility from Main Street to the parking lot for surveillance purposes, eg. redwoods." Continued to the September 21, 1987 Council meeting. Mr. Ferrito abstained from this action. PARKING PROHIBITION BELMONT AVENUE This resolution prohibits parking on the northwesterly side of Belmont avenue from the southwesterly property line of 207 Belmont Avenue to Ellenwood avenue. Staff to return with report on the need to provide more parking near the park and whether there is a valid reason for the parking prohibition. Continued to the September 21, 1987 Council meeting. APPEAL - 58 ALPINE AVENUE (LINCOLN) Mr. Ferrito moved to continue the adoption of resolution regarding 58 Alpine Avenue, Rosalie D. Lincoln until the September 21, 1987 Council meeting. Mrs. Benjamin seconded. Carried by a vote of four ayes. Mr. Carlson was absent. RUMBLE STRIPS JOHNSON AVENUE Mrs. Benjamin moved to accept staff recommendation and abandon the plan to install rumble strips on Johnson Avenue. Mr. Ferrito seconded. Carried by a vote of four ayes. Mr. Carlson was absent. CAPITAL IMPROV. PROJECT SARATOGA AVE. & L.G. BLVD. Discussion was held regarding the possible Capital Improvement Project at Saratoga Avenue and Los Gatos Boulevard and Saratoga Avenue. Mrs. Benjamin requested the residents on Los Gatos Boulevard and the home and school clubs at Van Meter and Fisher Schools be notified if action is taken. No action was taken on the modification to Los Gatos Boulevard. It was consensus of Council to have staff return with conceptual plan for an interchange on Blossom Hill Road. Mrs. Benjamin was not in favor of the statement that staff return with a conceptual plan for an interchange on Blossom Hill Road. TRANSIENT OCCUPANCY TAX REVIEW It was consensus of Council to continue this item to the September 21, 1987 Council meeting for consideration by the full Council. FORMATION TOWN TALK, INC. Mr. Ferrito moved to approve the formation of a non-profit corporation to distribute educational material, and direct staff to prepare and sign all appropriate documents. Mrs. Benjamin seconded. Carried by a vote of four ayes. Mr. Carlson was absent. LOS GATOS HIGH TENNIS COURT RESURFACING Robert Bryant, Park Forestry and Maintenance Director, answered Council's questions regarding the resurfacing of the Los Gatos High tennis court resurfacing. It was consensus of Council to continue this item to the September 21, 1987 Council meeting. FINANCIAL PROCEDURES & RECORDKEEPING Report regarding recommendations for financial procedures and record keeping from the Finance Committee. It was consensus of Council to continue this item to September 21, 1987 for consideration by a full Council. MODEL TOXIC GAS ORDINANCE Council informational report regarding status report on the review of the Model Toxic Gas Ordinance. URGENCY ORD. RE NONCONFORMING SECTION OF ZONING ORD. FOR PARKING IN DOWNTOWN Report from staff regarding the Planning Commission's denial of amendments to the Nonconforming Sections of the Zoning Ordinance concerning uses which were formerly nonconforming as to parking in the C-2 Zone. It was consensus of Council to continue this item to the September 21, 1987 Council meeting. ADJOURNMENT Mayor Ventura declared the meeting adjourned to an Executive Session on September 14, 1987 at 5:00 p.m. ATTEST: Rebecca L. Yates Sr. Deputy Clerk