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M 09-12-88TOWN OF LOS GATOS CALIFORNIA TOWN COUNCIL/PARKING AUTHORITY AGENDA SEPTEMBER 12, 1988 TOWN COUNCIL The Town Council/Parking Authority met in the Council Chambers of the Town Hall at 7:35 p.m., in a continued adjourned meeting. ROLL CALL PRESENT:Joanne Benjamin, Thomas J. Ferrito, Brent N. Ventura and Mayor Eric D. Carlson. ABSENT:Robert L. Hamilton PLEDGE OF ALLEGIANCE Given by all in attendance. Mr. Ventura stated he would be leaving the meeting for a short time due to a prior commitment. Mr. Hamilton arrived at 7:45 p.m. APPEAL 66 E. MAIN ST. (FERRARI OF LOS GATOS) Mayor Carlson stated this was the time and place duly noted for continued public hearing to consider the appeal of Planning Commission's approval, with conditions, on Conditional Use Permit Application U-86-24, requesting permission to operate an automobile dealership in the C-2 Zone. Property located at 66 E. Main Street. Property owner, Marilyn Friesen. Business owner, Ferrari of Los Gatos. This public hearing has been continued from December 8, 1987, March 7, May 16, August 15 and September 6, 1988. Randall Reedy, representing Ferrari of Los Gatos, stated the Planning Commission asked that the sidewalk be changed to the Villa Hermosa theme. This has not been required by any other business this far down on East Main Street. The Main Course, on East Main Street, was required to have the Villa Hermosa sidewalks but the requirement was waived. They are also required to have the Villa Hermosa sidewalk wrap around from East Main Street onto Pageant. This has not been required by other businesses. The Planning Commission is requiring the two working bays and driveways on Pageant be eliminated. One bay is for short term storage of cars or parking for employees. The other bay has a grease trap and is used for washing cars. Brian Barnett, owner of Ferrari of Los Gatos, used a diagram and explained the hardship regarding moving, storing and parking cars if the two bays were removed. There was discussion, by Council, on the history requirements and types of Villa Hermosa sidewalks in Town. No one else from the audience wished to speak on this issue. Mr. Ventura moved to close the public hearing. Mr. Hamilton seconded. Carried unanimously. Mrs. Benjamin moved to grant the appeal. Accept amendments of the conditions as stated in the report and further amend that the two driveways to the bays remain (eliminating condition 5 and 7c). The sidewalk in front of Ferrari (on East Main Street) be done in the Villa Hermosa theme (eliminate the words "and Pageant Way" in condition 7a and 8). The amended conditions are as follows: 1. The applicant shall limit the hours of operation from 9:00 a.m. to 6:00 p.m., Monday through Friday, except during Daylight Savings Time when it may be 9:00 a.m. to 8:00 p.m., Monday through Friday; 9:00 a.m. to 5:00 p.m. on Saturday and 11:00 a.m. to 5:00 p.m. on Sunday. 2. The maximum number of employees allowed on the site at any given time shall not exceed 5 employees plus 2 others on rare occasions. 3. Applicant shall limit the use of the site for the sales of new and used automobiles and no vehicle service (including detailing) shall be conducted on the site with the exception of washing, waxing, drying, vacuuming and preparing the license plate for sale of the cars. 4. Applicant shall remove all Ferrari emblems from the public sidewalk. 5. Final grading, drainage, driveway and utility plans shall be provided, to the satisfaction of the Town Engineer. The plans shall specifically indicate the following. a. Replacement of curb, gutter and sidewalk along the full frontage of property (East Main Street) with new curb, gutter and sidewalk in the "Villa Hermosa" theme, including tree grates, tie-in pavement, and wheelchair ramp. b. Main Street. Construction of two (2) 6-foot-wide driveways. c. On-site parking and traffic circulation plan. 6. The curb, gutter and sidewalk improvements along the East Main Street frontages shall include the "Villa Hermosa" theme, handicapped ramp, tree grates and tie-in paving and shall be guaranteed by contract, Faithful Performance Bond, Labor and Materialman's Bond, insurance, to the satisfaction of the Town Engineer. 7. The following shall be dedicated, to the satisfaction of the Town Engineer: a triangular portion of property at the northeast corner of the site for handicapped ramp installation purposes. 8. All improvements to the site must be completed by April 1, 1988. 9. No cars for sale by or owned by the dealership shall be parked on the public street or in library parking lot. 10. This matter will be reviewed again in April 1989 and a report sent to the Planning Commission describing the results of that review. The Planning Commission erred by not looking at the effects closing the driveways would have with the traffic flow to the Town of Los Gatos on Pageant Way and East Main Street. They are no longer necessary because the parking district has now come into effect. Mr. Hamilton seconded. Carried by a vote of four ayes. Mr. Ferrito voted no because it is one thing to allow Ferrari, despite a twenty year notice, to operate in the downtown area. It is another thing to claim every square foot is taken up by automobiles when it is seldom the case. If there is a problem with ingress and egress to the washing bay with the movement of too many car, this should be sent back to the Planning Commission to see if they want to impose the condition eliminating the number of cars. A new project could only access from one main driveway. With respect to the Villa Hermosa sidewalk on Pageant Way, the Planning Commission required that on Nicholson because it is a corner lot. If there was a residential area next door to a commercial area the sidewalk treatment should not wrap around the corner and there is not a residential area behind Ferrari. If people are walking downtown and stop at Ferrari, they may continue around to the library or other offices at Town Hall. Mr. Ventura is troubled by the access of the bay for employee parking but is in support of the motion. The driveway is steep for foot traffic and the parking district is the place for employees to park. MINUTES AUGUST 1, 1988 Mr. Ferrito stated his reason for voting no on(page 3) 400 Blossom Hill Road (Higgins) Appeal is, "Despite the fact that Mr. Higgins approval expired the Council allowed the Planning Commission consider extending the approval if there were no changes in the request. Mr. Higgins did make changes and on that basis I would deny the appeal. In addition I did not find any error on the part of the Planning Commission." Page 6, Special Warrant July 22, 1988. Mr. Ferrito requested the name of the company and reason for paying warrant out of order be stated in the minutes. Corrected as follows, "The special warrant was made payable to Davis Company for the purchase of bullet proof vests for the Police Department. The invoice was dated May 24, 1988 and received July 18, 1988. The Company advised the Town they were having financial problems with the distributor and requested payment earlier than August 10, 1988. Page 3, 400 Blossom Hill Road (Higgins) Appeal. Mr. Ventura request his motion change to read, "Mr. Ventura moved to deny the appeal and affirm the conditions imposed by the Planning Commission. Mr. Ferrito moved the minutes of August 1, 1988 be approved as amended. Mrs. Benjamin seconded. Carried unanimously. Mr. Ventura left the meeting at 8:20 p.m. WAIVER OF FEES 14891 BLOSSOM HILL ROAD (BONESSA) Mr. Bonessa is requesting that he be allowed to file a Certificate of Compliance without the $2400 filing fee. Mr. Allan Frumkin, Attorney representing Mr. Bonessa, stated the issue is not the waiver of fees but of fundamental fairness. This property was purchased in 1977. The lot was split 11 years prior to the Bonessa's purchase. The neighbor purchased the other parcel and paid the fees so the property could be developed. No applications were filed by the Bonessa's. Council feels more information is needed before they can make a decision. Mr. Ferrito moved to continue this item to the October 3, 1988 Council meeting. Staff to look into the history of the parcels; what happened to the subdivision that was before the Planning Commission in 1966; and were building permits issued. Mrs. Benjamin seconded. Carried by a vote of four ayes. Mr. Ventura was absent. Mr. Ferrito wants staff to look into developing a policy that the Planning Commission not grant to one party and leave another party hanging. FOSTER ROAD #7 ANNEXATION A letter was received from Madrone Corporation, representing the owners of Guadalupe College, requesting the annexation be continued to a later date. Charles Bedolla, representing Dr. Kang Ho, is concerned with condition number 3, (The applicant shall demonstrate to the town that they have provided for the construction of safety features at the intersection of Highway 17 and Alma Bridge as required by Caltrans in order to mitigate the intersection safety concerns raised in the EIR.) He stated Caltrans states there are "no mitigating measures required" and this was not acceptable by the Town Engineer. Keith Pritchard, also representing dr. Kang Ho, spoke in favor of continuing the annexation. Council discussed continuing the annexation process, time factor on starting the project and can the Planning Commission use a requested delay in the annexation as a reason to deny the extension of the use permit? Mrs. Benjamin moved to grant the request of delaying the annexation because the Town annexes property at owner's request. Mr Hamilton seconded. Carried by a vote of three ayes. Mr. Ferrito voted no. Mr. Ventura was absent. The property owner understands what the delay may cause. No action taken on the annexation. PROJECT 8717 SERVICE CENTER EXPANSION Staff is requested this matter be continued to October 3, 1988 due to difficulty with the applicant. Mr. Ferrito moved to continue this to October 3, 1988. Mrs. Benjamin seconded. Carried by a vote of four ayes. Mr. Ventura was absent. CHAPTER 3.97 SECONDARY DWELLING UNITS Mr. Ferrito moved to continue this until Council has reworked the traffic policy and to make sure the discussion of secondary units are incorporated into the policy. Mrs. Benjamin seconded. Carried by a vote of four ayes. Mr. Ventura was absent. Mr. Ventura returned to the meeting at 9:10 p.m. CLOSURE HILOW ROAD Judy Ardizzone wrote a letter, dated June 30, 1988, requesting Hilow Road be closed. Speaking in support of the closure or other types of traffic control were Steve Moulton, 16374 Hilow Road; Donald Housman, 16369 Hilow Road; Judy Ardizzone, 16414 Hilow Road; Donna Geary, 16341` Hilow Road; Diane Hembry, 201 Marchmont Drive; and Brian Gardiner, 16495 Topping way. Discussion was held on the amount of traffic on the street generated by Hillbrook School; hazardous conditions of the street; and number of accidents and the danger to residents due to speeding. Staff to return, October 3, 1988, with proposed map for noticing the public hearing. Include on the map Ann Arbor, Wollen Way, Marchmont, and other streets surrounding Hilow Road. Also notice to Hillbrook School. Report to include history of road. Mrs. Benjamin moved to hold a public hearing December 5, 1988. Mr. Ventura seconded. Carried unanimously. Police Department to check out Hilow Road and the surrounding connector streets when Hillbrook is opening and closing. TWO-WAY LEFT TURN LANE BLOSSOM HILL ROAD Mrs. Benjamin moved to authorize staff to pursue the installation of a double left turn lane on Blossom Hill Road from 200 feet west of Westhill Drive to Thurston Way, contingent on the results of a survey of local residents affected by parking prohibition and the concurrence and cooperation of the City of San Jose. Mr. Ferrito seconded. Carried unanimously. TOWN TALK Daniel Sylvester, Council candidate, requested that the Town Talk not contain free advertising for the incumbents. Mr. ferrito moved to authorize staff to continue to produce and mail Town Talk the semi-annual report of Town government activities. Motion failed for lack of second. Mr. Hamilton discussed the intent of Proposition 73. He feels the timing of the publication gives the incumbents an unfair advantage and requests the mailing of the publication be held until after the election and in the future not published between the final date of election filings and the election. The Town Manager stated the newsletter is not intended to be a political document and it is not reviewed by Council before mailing. It is an advertisement to the community about different programs that will be beginning. The months of March and September were chosen so the community would be notified of the summer and fall upcoming events. Discussion was held on deleting the roster in the newsletter. All telephone numbers are listed in the telephone book. Mr. Ferrito changed his unlisted number to a listed number after he was elected, so he would be accessible to the public and doesn't mind if his address and name goes out in public publication. He stated in compliance with the most conservative view of Proposition 73 the photos were removed and there is no Mayor's message. For a number of years there has been a newsletter that did not go out on a regular basis and contained more information. Mr. Ferrito feels it has been good and would like the people to receive information in a timely manner and return questions on the Arts questionnaire. If it has gone to print, he feels it should be left alone. Mr. Ferrito again moved for the recommended action. Motion died for lack of second. Mayor Carlson will abstain from voting. He does not feel this gives the incumbent an unfair advantage and will have no problem if the others decide to delay the mailing until after the election. Mr. Ventura will also abstain from voting for the same reason as Mayor Carlson. Mrs. Benjamin feels the reason for the Town Talk is to inform the public on what is happening in Town not to promote members of the Council for any reason. Mrs. Benjamin moved to defer the mailing of the Town Talk until after the election. Mr. Hamilton seconded. Mr. Ferrito voted no. Mr. Ventura and Mayor Carlson abstained. MONTE SERENO (MSR 280) ACCESS EASEMENT Leonard Borello and Brad Honholt, representing Alfred Montano, answered Councils question's regarding the location and need for the easement. Mr. Ventura feels the Town is not getting fair market value for the property. There was discussion on Council's previous action. Mr. Ferrito would prefer to make a decision after he reviewed the previous report, map and Council action. Mr. Ventura moved staff contact another appraiser for a similar estimate on the value of the property. Motion died for lack of second. Mrs. Benjamin moved to continue this to the September 19, 1988 agenda. Mr. Hamilton seconded. Carried unanimously. RESTRIPING POLLARD ROAD Mr. Hamilton moved for the restriping of Pollard Road between Bracebridge Court and West Parr Avenue. Motion died for lack of second. Mr. Ventura amoved to continue this to the September 19, 1988 meeting. Mrs. Benjamin seconded. Carried unanimously. ROUTE 85 BICYCLE CORRIDOR PLAN Mr. Ventura moved to approve the Pre-Final Route 85 Bicycle Corridor Plan with the inclusion of the following conditions: 1. In the section entitled The Proposed Corridor, Page 3.4-2, the section should be expanded to mention the development of a transportation bicycle path that could be designed in a consistent manner by the west side communities of Cupertino, Saratoga, and Los Gatos. There should be explorations of alternatives, such as using Southern Pacific Railroad right-of-way (including the PG&E easement), private property, and the Route 85 Corridor for the potential of constructing a 10' wide bicycle path with additional width for appropriate landscaping. The mitigation plan should be flexible enough to allow the local jurisdictions to meet their objectives, such as locating the sound walls between the travel lanes and constructing a bike path on the other side. Although the Bike Plan does not provide for the construction of paved bike paths, the local jurisdictions should have the opportunity to review the plans and, if willing to cost-share for such construction, have the flexibility to redirect the money being spent in their jurisdiction to advocate a commute bike path. The Traffic Authority should work with local jurisdictions to explore this option with the west side communities. 2. The Town supports the plan concept, that bicycles should be considered an important mode of transportation as well as recreational vehicles. Bike patsh are the bike facilities preferred by the Town of Los Gatos. 3. The Tow supports Campell's comment that the planned underpass facility at Pollard Road should be expanded to show that the curb lanes of the four lane undercrossing will be widened to at least 15 feet to allow mixed bike and vehicle travel. 4. Maps 1 and 2 of the Bicycle Corridor Plan should be revised to include the Los Gatos Bikeways Plan and the Route 85 element of the General Plan as a framework for the system within the Town limits allowing maximum flexibility. 5. In Section 5, Alternative Route 85 Class I Bicycle Path, it should be mentioned that the construction of bikeways within State right-of-way may require an amendment to the Caltrans policy and the issue of liability would have to be resolved. 6. Amend section regarding detour on Los Gatos Creek Trail on Page 4.4-1 to "if necessary", rather than "if possible". 7. Map #2 entitled Draft Proposed Rt. 85 Bicycle Corridor Facilities identifies a portion of National, Pollard, Wedgewood, and Carlton Avenues and Knowles Drive as bike routes or shared roadways which is inconsistent with the Bikeways Map or the General Plan. If any of these bike routes are considered appropriate by the Town at a future date, the Bikeways Map would have to be amended. In addition, Map #2 does not identify Highland Oaks Drive and Los Gatos-Almaden Road (between Los Gatos Boulevard and National Avenue) as bike routes and these streets are shown on the Los Gatos General Plan as bike routes. Include the following from Mr. Ventura that a more direct connection from Bascom Avenue to Winchester Boulevard connecting with Los Gatos Creek Trail other than draft plan should try to find a more direct route paralleling freeway from Bascom to Winchester Boulevard without using Lark Avenue. Mrs. Benjamin seconded. Carried unanimously. TRAFFIC AUTHORITY VISUAL DESIGN GUIDELINES Council informational report. ZONING ORDINANCE AMENDMENT CHANGE TIME OF EXPIRATION OF ZONING APPROVAL SECONDARY UNITS Mrs. Benjamin moved to waive the reading for AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONING ORDINANCE RELATING TO EXPIRATIONS OF ZONING APPROVALS. Mr. Hamilton seconded. Carried unanimously. Sr.Deputy Clerk read title of the Ordinance. Mrs. Benjamin moved to introduce the ordinance because people are often approved and then for various reasons cannot continue and it becomes a cost to the Town to notice people and have another hearing to extend the time. Mr. Hamilton seconded. Mr. Ferrito feels the reasons given are not in the Town's control. The longer the period of time between the approval and the development the more that can go wrong. Mr.Ventura urges Council to reconsider because too much can change in 24 months. Mayor Carlson is in favor of the ordinance because one should be able to plan two years in advance. If the Planning Commission approves something once they should be able to approve it again in two years. Mr. Ferrito moved to table this subject and discuss it the next time Council meets with the Planning Commission. Mayor Carlson seconded. Carried by a vote of four ayes. Mr. Hamilton voted no because the Planning Commission already has given their answer. PERSONAL COMPUTERS & RELATED EQUIP. Staff has requested authorization to proceed with the initial purchase of personal computers and related equipment. Mayor Carlson stated he would be abstaining from voting on this issue because his company is in the computer business. Mrs.Benjamin will also be abstaining because her husband is in the computer business. Mrs. Benjamin left the meeting at 10:45 p.m. Mr. Ferrito moved to authorize staff to purchase personal computers, printers,s word processing software, spreadsheet software, user training, and miscellaneous periphery equipment; authorize the use of Wolf Computer, Inc. as a primary vendor and Computer Biz, Inc. as a secondary vendor; authorize staff to purchase PCs, printers, and word processing software from Wolf Computer, Inc. and Computer Biz. Inc. dot matrix printers, spreadsheet programs, emulation/conversion software, user training, and service and consumables from the primary or secondary vendor or through the informal bid process depending on who can provide the best value to the Town; total of all purchases not to exceed $77,862; authorize staff to make future purchases of PCs and related equipment on the basis of a price quote from the primary or secondary vendor or through the informal bid process. These price quotes would be brought forward with a recommendation to Town Council for approval prior to purchases being made. Mr. Ventura seconded. Carried by a vote of three ayes. Mr. Carlson abstained. Mrs. Benjamin was absent. AIR CONDITIONING Mr. Ventura moved for the adoption of Resolution No. 1988-179 entitled, RESOLUTION APPROVING THE AGREEMENT WITH GEORGE A. GREEN COMPANY, CONSULTING ENGINEER, TO DEVELOP AIR CONDITIONING EQUIPMENT SPECIFICATIONS; and authorize staff to proceed with the design of a stand-alone air conditioning unit and the bid process required to install the system in the telephone switchroom. Mr. Hamilton seconded. Carried by a vote of four ayes. Mrs. Benjamin was absent. ADJOURNMENT Mayor Carlson declared the meeting adjourned at 10:45 p.m. ATTEST: Rebecca L. Yates Sr. Deputy Clerk