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M 01-04-88TOWN OF LOS GATOS CALIFORNIA TOWN COUNCIL/PARKING AUTHORITY AGENDA JANUARY 4, 1988 TOWN COUNCIL The Town Council/Parking Authority met in the Council Chambers of the Town Hall at 7:55 p.m., in regular session. ROLL CALL PRESENT:Joanne Benjamin, Thomas J. Ferrito, Robert L. Hamilton, Brent N.Ventura and Mayor Eric D. Carlson. ABSENT:None. PLEDGE OF ALLEGIANCE Given by all in attendance. APPOINTMENTS LOS GATOS COMMUNITY SERV. COMMISSION Mayor Carlson stated there were (3) vacancies to the Los Gatos Community Services Commission and Council held interviews prior to Council meeting and the five applicants were: Diane B. Werp; Erin D. Hickey; Carolyn Moniz; Dinah G. Patterson and Ellen J. Graff. As all applicants were qualified. Voting was held whereby Carolyn Moniz, Dinah G. Patterson and Ellen J. Graff received the majority of votes and were appointed for a three year term. Mayor Carlson thanked the applicants for their interest and discussion was held on establishing attendance records and the possibility of increasing the commission membership and this be referred to the commission for report back to Council at a later date. It was noted by the Mayor that there are two vacancies on the Los Gatos Parking Commission and no applications had been received. Town Clerk was hereby instructed to readvertise for the vacancies. CLOSED SESSION REPORT Town Attorney Mary Jo Levinger stated Council had met in Closed Session prior to tonight's meeting and pursuant to Government Code Section 54956.9 (b) and discussed the Claim of Mark Wormley. The Council made the finding that there was significant exposure to litigation and Council voted to pay the claim of Mark Wormley in the amount of $144.50 with other conditions. COMMUNICATIONS 1. Letter received from the Los Gatos Elementary Education Foundation requesting permission to hold their Second Annual Race and Family Fun Run. Mr. Ventura moved to refer this to Town Manager for report. Mrs. Benjamin seconded. Carried unanimously. SCHEDULE OF PUBLIC HEARINGS Information report for Council on upcoming schedule of public hearings. COUNTY REFERRALS Mr. Ventura moved for approval of staff recommendation on County Referrals as follows: 2829-27-42-86B-86V-87LM Lee Dr. Lorimore Lot Merger No comment. Mrs. Benjamin seconded. Carried unanimously. PLANNING MONTHLY REPORT Information for Council. CALENDAR OF MEETINGS Information for Council re schedule of Council meetings. PAYROLL FOR DECEMBER 31, 1987 & RELATED WARRANTS Mr. Ventura moved for the approval of the December 31, 1987 payroll in the amount of $156,078.68 and payroll related warrants in the amount of $101,700.05. Mrs. Benjamin seconded. Carried unanimously. NOTICE OF COMPLETION E. E. JOHNSON Mr. Ventura moved for the acceptance of the Notice of Completion and Certificate of Acceptance for project of Eddie E. Johnson contract for work located at Top of the Hill Road. Mrs. Benjamin seconded. Carried unanimously. STRAWBERRY FESTIVAL Discussion was held on the request of Ming Qest of Ming Quong Children's Society request to use Civic Center and Neighborhood Center Facilities for the 28th annual Strawberry Festival to be held June 4 & 5, 1988. It was brought to Council's attention of Library Board's concerns about closure of the Library Parking lot on the three days requested. It was consensus of Council to modify the conditions be adding that Library not close on Friday, June 3rd and 20 parking spaces be made available for Library patrons. Council made suggestion that Library post the premises, no patrons will be aware of parking and shuttle service. Mr. Ventura moved to grant the Ming Quong Children's Society request to use Civic Center and Neighborhood Center facilities for the 28th annual Strawberry Festival, subject to staff recommendations as follows: A. Add the condition as listed above regarding parking; B. Ming Quong representatives meet with Park and Police Department staff by March 1, 1988 to coordinate the event; C. Ming Quong reimburse the Town of Los Gatos for maintenance services and security services rendered; D. Ming Quong will provide the Town of Los Gatos with special event insurance coverage in the amount of one million dollars. The Town will be named as additionally insured. The Town will also be provided with a hold harmless agreement. E. Ming Quong will post signs noting the prohibition of alcoholic beverages on the Civic Center property. F. That no "rock" music be played after 3:00 p.m. on June 4th & 5th. G. All press releases regarding parking information be coordinated with the Police Department. H. Ming Quong will provide private overnight security of the grounds at their expense. Mrs. Benjamin seconded. Carried unanimously. VASONA/HWY 17 CORRIDOR Information for Council. TRAFFIC STUDY STUFT PIZZA 15525 L.G. BLVD. Mr. Ventura moved for the adoption of Resolution No. 1988-1 entitled, AGREEMENT BETWEEN THE TOWN OF LOS GATOS AND WILSON ENGINEERING COMPANY FOR PROFESSIONAL TRAFFIC ENGINEERING SERVICES IN CONNECTION WITH STUFT PIZZA USE EXPANSION with Mayor being authorized to execute said agreement in behalf of the Town of Los Gatos. Mrs. Benjamin seconded. Carried unanimously. TOWN POLICIES TRAFFIC IMPACTS Mr.Ventura moved for the adoption of the following Town Policies re TRAFFIC IMPACTS. Resolution No. 1988-2 entitled, A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS CONCERNING AN AMENDMENT TO THE LAND USE ELEMENT OF THE GENERAL PLAN REGARDING TRAFFIC IMPACTS. Resolution No. 1988-3 entitled, A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS CONCERNING AMENDMENTS TO THE DOWNTOWN SPECIFIC PLAN REGARDING TRAFFIC IMPACTS. Resolution No. 1988-4 entitled, TOWN-WIDE CRITICAL INTERSECTION IMPACT POLICY. and Resolution No. 1988-5 entitled, TOWN POLICY REGULATING RESIDENTIAL DEVELOPMENT WITH UNMITIGATED TRAFFIC IMPACTS. Mrs. Benjamin seconded. Carried by vote of four ayes, Mrs. Benjamin voted no and wished the minutes to reflect her reason as follows: I agree with the principal that we should really be concerned about traffic and that two of our biggest concerns for people in Santa Clara valley is our traffic and housing cost. I'm voting no on this issue because I view our system of approval or denial (as you want to call it) as ambiguous and frustrating for everyone involved, including staff, Planning Commission, Council and applicant. Our system denies most projects, if you look at the numbers in item 19. 17 of the 22 in the system currently will be denied. Then the applicant has to look for mitigation and other circumstances in order to gain approval. Because of this system the Planning Commission denys - it comes to Council on an appeal. Council hears it and send it back to Planning and the circle can be completed several times. I was hoping we would have some guidelines that we would consistently adhere to. Instead, I think we have reaffirmed our existing process which will continue to be a source of frustration to all involved, not to mention the fiscal impact. PHONE EQUIPMENT MAINTENANCE AGREEMENT Mr. Ventura moved for adoption of Resolution No. 1988-6 entitled, RESOLUTION APPROVING THE AGREEMENT WITH ASSOCIATED TELEPHONE SERVICE. Mrs. Benjamin seconded. Carried unanimously. PURGING OF POLICE RECORDS Town Manager announced that this issue would be taken from tonight's agenda and be reagendized at a later date. ACCOUNTS RECEIVABLE COLLECTIONS Town Manager announced that this item would be taken from tonight's agenda and be reagendized at a later date. COMMENDATIONS FOR EMPLOYEES Mr. Ventura moved for the adoption of the following Resolution of Commendation to individual Town employees, for years of service: RESOLUTION NO. 1988-7 entitled, A RESOLUTION COMMENDING MURIEL HOILE FOR 20 YEARS OF SERVICE TO THE TOWN OF LOS GATOS. RESOLUTION NO. 1988-8 entitled, A RESOLUTION COMMENDING MICHAEL LA ROCCA FOR 20 YEARS OF SERVICE TO THE TOWN OF LOS GATOS. RESOLUTION NO. 1988-9 entitled, A RESOLUTION COMMENDING WAYNE P. SAINDON FOR 20 YEARS OF SERVICE TO THE TOWN OF LOS GATOS. RESOLUTION NO. 1988-10 entitled, A RESOLUTION COMMENDING ROBERT H. YAMAMOTO FOR 20 YEARS OF SERVICE TO THE TOWN OF LOS GATOS. Presentation of said commendations to the employees will be at the February 1, 1988 Council meeting. Mrs. Benjamin seconded. Carried unanimously. CENTENNIAL VOLUNTEER Mr. Ventura moved for the adoption of Commendations commending the various groups for their service to the Centennial as follows: RESOLUTION NO. 1988-11, entitled A RESOLUTION COMMENDING THE LOS GATOS CENTENNIAL, INC.'S DEDICATED VOLUNTEERS (EXECUTIVE BOARD). resolution no. 1988-12, entitled, A RESOLUTION COMMENDING THE LOS GATOS CENTENNIAL, INC.'S DEDICATED VOLUNTEERS (FUND RAISING COMMITTEE). RESOLUTION NO. 1988-13, entitled, A RESOLUTION COMMENDING THE LOS GATOS CENTENNIAL, INC.'S DEDICATED VOLUNTEERS (HISTORICAL ADVISORY COMMITTEE). RESOLUTION NO. 1988-14, entitled, A RESOLUTION COMMENDING THE LOS GATOS CENTENNIAL, INC.'S DEDICATED VOLUNTEERS (COMMUNICATIONS COMMITTEE). RESOLUTION NO. 988-15, entitled, A RESOLUTION COMMENDING LOS GATOS CENTENNIAL, INC.'S DEDICATED VOLUNTEERS (CENTENNIAL PAGEANT) RESOLUTION NO. 1988-16, entitled, A RESOLUTION COMMENDING LOS GATOS CENTENNIAL, INC.'S DEDICATED VOLUNTEERS (SPECIAL EVENTS COMMITTEE) RESOLUTION NO. 1988-17, entitled, A RESOLUTION COMMENDING LOS GATOS CENTENNIAL, INC.'S DEDICATED VOLUNTEERS (STEERING COMMITTEE). RESOLUTION NO. 1988-18 entitled, A RESOLUTION COMMENDING LOS GATOS CENTENNIAL, INC.'S DEDICATED VOLUNTEERS (PUBLICITY COMMITTEE). Mrs. Benjamin seconded. Carried unanimously. APPEAL - QUINN 48 CHESTNUT Mr. Ventura moved for the adoption of Resolution No. 1988-19 entitled, RESOLUTION REMANDING APPEAL OF PLANNING COMMISSION DENIAL OF REQUEST TO DEMOLISH AN EXISTING SINGLE FAMILY RESIDENCE, REPLACE IT WITH A NEW SINGLE FAMILY RESIDENCE AND TO MODIFY DEVELOPMENT STANDARDS FOR PROPERTY IN THE R-1:12,000 ZONE (48 CHESTNUT PROPERTY OWNER, DAVID QUINN). Mrs. Benjamin seconded. Carried by vote of four ayes, Mr. Ventura abstained. APPEAL - LINCOLN 58 ALPINE AVE. Mr. Ventura moved for the adoption of Resolution No. 1988-20 entitled, RESOLUTION REMANDING TO PLANNING COMMISSION THE APPEAL OF PLANNING COMMISSION DENIAL OF REQUEST FOR APPROVAL OF A TWO (2) LOT SUBDIVISION OF 1.26 ACRES OF PROPERTY IN THE R-1:20,000 ZONE. (58 ALPINE AVENUE - ROSALIE LINCOLN). Mrs. Benjamin seconded. Carried by a vote of four ayes. Mr. Ventura abstained. VERBAL COMMUNICATIONS Mr. Fred Klepinger spoke on noticing re forthcoming hearing regarding parking problems in neighborhood area of Fisher Jr. High School and Louise Van Meter School. He was informed the notices will be sent out this week and the hearing is scheduled for January 19, 1988. Mr. Lynn Shirtlift, representing San Jose California South Stake, the Church of Jesus Christ of Latter-Day Saints, spoke requesting an agenda item be place on the agenda for the January 19, 1988 meeting. The subject for discussion is the feasibility of building a chapel at 14720 Blossom Hill Road and the probability of the Town releasing the Williamson act contract which that property in now under. Discussion was held on this request whereby, Council request report from Planning staff as to involved process and report be back to Council at their February 1, 1988 meeting. APPEAL - ZUCCONI 100 N. SANTA CRUZ Mayor Carlson stated this was the time and place duly noted for continued public hearing to consider the appeal of Planning Commission's decision on the denial of request for approval of a one year time extension for the construction of a commercial building in the C-2 Zone. Property located at 100 N. Santa Cruz Avenue and owned by Gary & Doris Zucconi. This was continued from November 2, 1987 to allow Council time to make a final determination on the traffic policy. There being no one from the audience wishing to speak on this issue, Mr. Ventura moved the public hearing be closed. Mrs. Benjamin seconded. Carried unanimously. Mrs. Benjamin moved Planning erred and make finding that circumstances regarding traffic impact have changed with the adoption of the revised traffic policy (which Council did early in the meeting) and the issue of on- site parking is resolved with a revised condition #7. Mr. Ventura seconded. Mr. Ferrito suggested wording on condition #7 read - "This approval is valid until August 28, 1988, one year from the expiration of the previous extension. This suggestion was accepted by the Mrs. Benjamin and Mr. Ventura. Vote on the motion was unanimous. Town Attorney to prepare appropriate Resolution including the conditions and present for Council consideration at the next meeting. GP-87-3 GENERAL PLAN AMENDMENT - MILES AVE. Mayor Carlson stated this was the time and place duly noted for continued public hearing to consider an appeal of Planning Commission's denial of General Plan Amendment GP-87-3 an amendment to the Los Gatos General Plan concerning the use of property located on the east side of Miles Avenue adjacent to and north of the Town corporation Yard from Medium Density Residential to Service Commercial. Request has been received asking for continuance of said hearing. Mrs. Benjamin moved to grant the request and continue this issue to February 1, 1988. Mr. Ventura seconded. Carried unanimously. CERTIFICATE OF COMPLIANCE FEES Mayor Carlson stated this was the time and place duly noted for continued public hearing to consider the establishing of fees for Certificate of Compliance. There being no one from the audience wishing to speak on this issue, Mr.Ferrito moved public hearing be closed. Mrs. Benjamin seconded. Carried unanimously. Mr. Ferrito moved for the adoption of Resolution No. 1988-21 entitled, A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS REPEALING RESOLUTION 1987-43 AND SETTING A FEE SCHEDULE FOR ZONING, CALIFORNIA ENVIRONMENT QUALITY ACT AND SUBDIVISION PROCEEDINGS AND FOR VARIOUS ENGINEERING SERVICES. Mrs. Benjamin seconded. Carried unanimously. APPEAL - 104 MILLRICH AVE. Mayor Carlson stated this was the time and place duly noted for public hearing to consider an appeal of Planning Commission's approval of plans for the construction of a single family residence in the R-1:8000 zone, subject to conditions. Property located at 104 Millrich Drive. Owner - G & C. Carlsted. Appellant Jerry Block. Mr. Block spoke on the appeal stating he is spokesperson for other residents on that street. The feeling is that the house is to large for the lot and request Council to reduce footage of the house and lower the height of the house that is proposed. Roger Griffin, representing owner G. Carlsted presented plans and other information to Council and a letter from Bruce Williams supporting the proposed house. Mr. Griffin requested approval of that plan as they have attempted to come in with a plan that is compatible with the neighborhood. Also speaking was Linda Nelson, 131 Millrich Drive. She informed Council that the apartments in the area are on a higher elevation than the homes on Millrich, so the houses on Millrich do not block their view. There being no one else from the audience wishing to speak on this issue. Mr. Ventura moved public hearing be closed. Mr. Ferrito seconded. Carried unanimously. Discussion was held on the possibility of having only a two car garage and reducing the height of the house. After further discussion Mr. Ferrito moved to grant the appeal remand this back to DRC with conditions that the 3rd portion of the three car garage be eliminated; move the house to the building envelope line that parallels Winchester Boulevard and explore the possibility of sinking the house down further at the opposite end making the house one and a half story instead of a two story house. Mr.Ventura seconded. Carried by vote of four ayes. Mr. Hamilton voting no. Town Attorney to prepare appropriate Resolution and present for Council consideration at the next meeting. READOPTION OF ZONING MAPS Mayor Carlson stated this was the time and place duly noted for public hearing to consider the amendment of the Town Zoning Ordinance to readopt the existing zoning maps of the Town. There being no one from the audience wishing to speak on this issue, Mr. Ferrito moved the public hearing be closed. Mrs. Benjamin seconded. Carried unanimously. Mr, Ferrito moved to waive the reading of AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONING ORDINANCE EFFECTING ZONE CHANGE NO. ____ READOPTING THE ZONING MAPS. Mrs. Benjamin seconded. Carried unanimously. Town Clerk read title of Ordinance. Mr. Ferrito moved Ordinance be introduced. Mrs.Benjamin seconded. Carried unanimously. Mr.Ventura spoke of this concerns of current zoning of a particular parcel which may be inconsistent with the general Plan. Feels zoning of property in question should be RC as opposed to HR 2 1/2, which would allow further subdivision. Mr. Bowman stated this would have to be referred to Planning Commission whereby Planning would have to hold a hearing and refer their recommendation to Council. After further discussion it was consensus of Council to place this matter on the next agenda for referral to Planning Commission. RECESS Mayor Carlson declared a recess. Meeting reconvened at 9:25 p.m. FISHER JR. SCHOOL - CORP. BUILDING Mrs. Benjamin reported on recent meeting held between representatives of the Council (herself and Mayor Carlson) and representatives of the Elementary School District (Tom O'Donnel and Heidi Evers) to discuss options to reduce neighborhood concern by further mitigating the visual impact to the neighborhood. Staff then met with the neighbors to discuss these options. Whereby the Town had agreed to pay to have the Corporation Yard Building, at Fisher School, painted. Not to exceed $5,000.00. Mike Brandy of the School District spoken on additional planting to obscure the visibility of the building. Mr. Benhow, Superintendent, spoke on meeting held in the process of erecting the building and decision re the color choices of painting the building. Other speaking on this issue were Thomas Pope and Mark Wagner. Discussion was held on the planting of fast growing trees; possibility of installation of birm and planting on top of the birm. Mr. Bryant spoke on various species that can be used for the screening. CLOSED SESSION Council adjourned to closed session at 10:25 p.m. Meeting reconvened at 10:35 p.m. REPORT ON CLOSED SESSION Town Attorney Levinger reported that Council had just met in Closed Session pursuant to Government Code section 54956.9 (b) to discuss possible litigation on Fisher Jr. School Corporation building. Council first made a finding that there was significant exposure to litigation and a claim has been filed but there is nothing to report on said discussion. FISHER SCHOOL CORP. BLDG. Mr. Fred Long, 146 Belridge Avenue, spoke in opposition of use of taxpayers money for payment of paint for this building. The school board received approval of permits to construct this building. Mayor Carlson stated he and Mrs. Benjamin recommended, for public purposes, to help mitigate this impact re the color not being appropriate for the building and Town's willingness to help out. After further discussion Mr. Hamilton moved that Town staff be made available to help School Board to research the issues discussed and recommend they take this under advice. Mr. Ventura seconded. Carried unanimously. PROJECT 8721 SIDEWALK RECONSTRUCTION Mrs. Benjamin spoke on her concerns re the installation of handicap ramps at Blossom Hill Road & Cherry Blossom Lane as this intersection is under study due to building of the Terraces. Town Engineer explained these could be omitted at this time and be included at later date. Mr. Jim Lewis, from audience spoke on request for the inclusion of handicap ramps at Cherrystone and Camellia Terrace. After further discussion Mr. Ventura moved to approve the project with the installation of handicap ramps within the dotted line shown on Exhibit I and delete the installation of ramps at Blossom Hill & Cherry Blossom until all studies have been completed and adopt Resolution No. 1988-22 entitled, RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS APPROVING PLANS AND SPECIFICATIONS FOR PROJECT 8721 - SIDEWALK RECONSTRUCTION, Clerk to advertise the Notice to Contractors. Mr. Hamilton seconded. Carried unanimously. Councilman Ventura left the meeting at 10:55 p.m. MINUTES OF DECEMBER 21, 1987 Councilmembers spoke of typographical errors and requested these be corrected. Mrs. Benjamin moved for approval of the Council minutes of December 21, 1987 as corrected. Mr. Carlson seconded. Carried by vote of four ayes. Mr. Ventura was absent. NOVEMBER TREASURER REPORT Mayor Carlson stated Council is in receipt of the Treasurer's report for the month of November, 1987. TREASURER REQUEST FOR FUND TRANSFERS Council referred to request from Town Treasurer for transfer of funds within the Treasurer's budget. Deputy Town Treasurer, Fred Long, spoke on the request and the need for the transfers. Mr. Hamilton moved to transfer the total amount of 9,360.00. Motion dies for lack of second. AMENDMENTS TO ZONING ORD. RE TRAFFIC IMPACTS Mr. Ferrito moved to make the negative declaration for the amendments to Zoning Ordinance re traffic impacts. Mr. Carlson seconded. Carried by vote of four ayes. Mr. Ventura was absent. Mr. Ferrito moved to make the finding that the amendments to the Zoning Ordinance are consistent with the General Plan and Downtown Specific Plan. Mr. Carlson seconded. Carried by vote of three ayes. Mrs. Benjamin voting no and Mr. Ventura was absent. Mr. Ferrito moved to waive the reading for AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONING ORDINANCE RELATING TO TRAFFIC IMPACTS. Mr. Carlson seconded. Carried by vote of four ayes. Mr. Ventura was absent. Town Clerk read title of Ordinance. Mr. Ferrito moved for the introduction of the Ordinance. Mr. Carlson seconded. Motion fails. Mr. Hamilton and Mrs. Benjamin voting no and Mr. Ventura was absent. ADJOURNMENT Mr. Ferrito moved meeting be adjourned at 11:25 p.m.. Mrs. benjamin seconded. Carried unanimously. ATTEST; Rose E. Aldag Town Clerk