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M 12-19-88TOWN OF LOS GATOS CALIFORNIA TOWN COUNCIL/PARKING AUTHORITY AGENDA DECEMBER 19, 1988 TOWN COUNCIL The Town Council/Parking Authority met in the Council Chambers of the Town Hall at 7:35 p.m., in regular session. ROLL CALL PRESENT: Eric D. Carlson, Thomas J. Ferrito, Robert L. Hamilton, Brent N. Ventura and Mayor Joanne Benjamin. ABSENT: None. PLEDGE OF ALLEGIANCE Given by all in attendance. RESOLUTION COMMENDING ARCHIE WATSON Mr. Ferrito moved for the adoption of Resolution No. 1988-232 entitled, RESOLUTION OF THE TOWN OF LOS GATOS COMMENDING ARCHIE WATSON FOR HIS SERVICE TO THE TOWN OF LOS GATOS as Building Official. Mr. Ventura seconded. Carried unanimously. Mayor Benjamin presented the Resolution of Commendation to Mr. Watson. CLOSED SESSION REPORT Mary Jo Levinger, Town Attorney, reported that Council had met in Closed Session pursuant to Government Code Section 54956.9(a) in regards to Trusso v. Town. There was no report from this discussion. BID AWARD STREET SWEEPER Five bids were received for the purchase of a new street sweeper for use by Parks, Forestry and Maintenance from Mr. Air Sweepers, Western Traction Co., Nixon Egli Equipment Co., and CESCO. Mr. Carlson moved to award the bid to Western Traction Co. for one (1) FMC model 4000SP-2-V4 HD Street Sweeper for net bid of $87,905. Mr. Ferrito seconded. Carried unanimously. BID AWARD FLEETSIDE PICKUP 1989 Two bids were received for the purchase of one 1989 Fleetside Pickup for use by Parks, Forestry and Maintenance from Mission Valley Ford and Swanson Ford- Isuzu. Mr. Carlson moved to award the bid to Mission Valley Ford for one (1) 1989 Ford F250 H.D. Fleetside Pickup Truck for a net bid of $15,713. Mr. Ventura seconded. Carried unanimously. BID AWARD LINE MARKING 1988 MACHINE Two bids were received for the purchase of a Line Marking machine for use by Parks, Forestry and Maintenance from Bauer Coatings Division Whitaker Corp. and Dispension Technology Corp. Mr. Carlson moved to award the bid to bauer Coatings Division for one (1) new 1988 Pro-Stripper 5000II line marking machine for a net bid of $6,393.25. Mr. Ventura seconded. Carried unanimously. PUBLIC HEARING SCHEDULE Council informational report. COUNTY REFERRALS Mr. Ventura moved for the approval of County Referrals as follows: 8818-23-46-88B 20155 Thompson Rd.Carolan Building No comment. 3495-25-47-88V-88LM 19025 Laurel Dr. Cunningham lot merger No comment. Mr. Hamilton seconded. Carried unanimously. PAYROLL ANNUAL CASHOUT & DECEMBER 16 1988 PAYROLL & RELATED WARRANTS Mr. Ventura moved for the approval of annual cash-outs paid December 9, 1988 in the amount of $48,687.28 and December 16, 1988 payroll in the amount of $181,375.45 and payroll related warrants in the amount of $121,296.64. Mr. Hamilton seconded. Carried unanimously. DECEMBER 1988 WARRANTS Mr. Ventura moved for the approval of accounts payable for December 1988, in the amount of $446,092.92. Mr. Hamilton seconded. Carried unanimously. SECONDARY DWELLING MONTHLY REPORT Council informational report. YOUTH ADVISORY COMMISSION SERVICE AWARD Mr. Ventura moved to approve implementation of the Youth Advisory Commission Community Services Award Program. Mr. Hamilton seconded. Carried unanimously. INFORMATION AND REFERRAL SERVICE REPORT Council informational report. POLICE OFFICER POSITION UPGRADE AND ALLOCATION SCHEDULE Mr. Ventura moved to authorize upgrading of one police officer position to that of sergeant effective January 1, 1989 and to adopt Resolution No. 1988-233 entitled RESOLUTION OF THE TOWN OF LOS GATOS RESCINDING RESOLUTION NO. 1988-229 AND APPROVING AMENDMENT OF 1988-89 SCHEDULES OF AUTHORIZED POSITIONS AND SALARIES FOR FISCAL YEAR 1988-89. Mr. Hamilton seconded. Carried unanimously. GREAT SARATOGA TO LOS GATOS RACE Mr. Ventura moved to approve the Rotary Club's request to conduct "The Great Saratoga to Los Gatos Race" Sunday, January 29, 1989. Mr. Hamilton seconded. Carried unanimously. COUNTY'S GIFT DEEDS ORDINANCE Council informational report. TRAFFIC ZONE LOS GATOS BLVD. AND FILMER AVE. Mr. Ventura moved to deny the request for a "Keep Clear Zone" on Los Gatos Boulevard at Filmer Avenue. Mr. Hamilton seconded. Carried unanimously. SEISMIC HAZARD IDENTIFICATION Mr. Ventura moved to approve request for proposal to identify potentially hazardous buildings and develop a program to mitigate seismic hazards. Mr. Hamilton seconded. Carried unanimously. APPEAL 15347 NATIONAL RETIREMENT HOME CONSTRUCTION Mayor Benjamin stated this was the time and place duly noted for public hearing to consider an appeal of Planning Commission's denial of zone change application Z-88-1, requiring EIR and zone change request from R-1:8,000 to R- 1:8,000-PD with request to construct retirement home. Property located at 15347 National Ave. Applicant Goldrich, Kest & Associates. The applicant requests this item be continued until January 3, 1989. Mr. Ferrito moved to continue until January 3, 1989. Mr. Ventura seconded. Carried unanimously. APPEAL 542-548 NORTH SANTA CRUZ AVE AND CHILI TAMALE FACTORY Mayor Benjamin stated that this was the time and place duly noted for public hearing to consider an appeal of planning commission's denial of Conditional Use Permit Application U-88-7 requesting sale of beer and wine and outdoor seating for restaurant operation in LM zone. Property location at 542-548 North Santa Cruz Ave. Applicant: James Joseph Connor. The applicant requests this item be continued until January 3, 1989. Mr. Ventura moved to continue until January 3, 1989. Mr. Hamilton seconded. Carried unanimously. APPEAL 17975 FOSTER RD. (GUADALUPE COLLEGE) ONE YEAR TIME EXT. Mayor Benjamin stated this was the time and place duly noted for continued public hearing to consider the appeal of Planning Commission's approval or a one year time extension to previous approvals granted to permit a private school in the HR-5 zone, U-84-6B. Property located at 17975 Foster Road. Owner Dr. Kang Mang Ho. Calvin Gordon, 93 Reservoir Rd. spoke for the Citizens for the Preservation of St. Joseph's Hill, presenting a letter to Council in favor of elimination of Phase 1C alternative study and placing Phase 1D first for study, keeping in mind their request to view the artery as a driveway not a road. Tom Jordan, attorney for the owner, Dr. Ho, asked for the grant of extension, stating owner's vested property rights; no change in property designation; the unreasonable delay; no change in the law; and little change in facts. He will be on the Regional Open Space Agenda January 11, 1989 to ask for a review of their decision; EIR is certified and final. Jack Stewart, engineer with Creegan and D'Angelo, stated that Alma Bridge route is the best alternative because of alignment; it is longer than Limekiln Rd. and the 1 to 1 slope saves half the cut. Alan Young, 17601 Foster Rd., spoke on the width of Foster Rd. compared to Limekiln Rd. making observations that Limekiln Rd. would be superior to Foster Rd. and Limekiln would be a driveway to service one facility whereas Foster is a road to serve a large residential area with many vehicles. Pete Siemens, 69 Ellenwood, feels that the college needs access that characterizes a driveway and not a full fledged road. There should be a study to show the alternatives to preserve the open space. Marie Yorosko, 18430 Vista Grande Way, Safe on 17, addressed the traffic problem at Highway 17. Cal Tran's plans for construction of the overpass are in 1992. Request denial until such time as the overpass is built. Kay Duffy, President of the Board of Midpeninsula Regional Open Space District, requests the review of alternates carefully. Person from 105 Massol, wishes the quality of the open space preserved stating that it improves the ambiance of the college property. John Slatter, 18553 Mc Coy Ave., states that 180 degree turns are really quite safe since drivers have to practically stop to get around them. Michael Kennedy, 115 Euclid Ave., compared two outlooks; citizens view point of concern for open space and the land available for use by all; and business commercial enterprise road through the park land at the expense of the citizens. Cal Gordon, requests an independent consultant be hired and that a study planning group be instituted to review this subject in more detail. Jack Stewart, stating that Creegan and D'Angelo have tried to be open with all concerned in the past and feel it is unfair to stop them now. Mr. Carlson moved to continue the public hearing to February 6, 1989 and to authorize the amount of $8,200 for an independent study of alternative routes not including phase I, #C, but including a studied recommendation of the best alternative which addresses the concerns of the Citizens for the Preservation of St. Joseph's Hill. Mr. Ferrito seconded. Carried unanimously. APPEAL 17471 WEDGEWOOD AVE. SUBDIVISION Mayor Benjamin stated that this was the time and place duly noted for public hearing to consider an appeal of Planning Commissions approval of a two lot subdivision in R-1:8000 zone. Subdivision application M-88-11. Property: 17471 Wedgewood Ave. Owner: John Anastasia. Applicant: F. Dennis Burrow, AIA. Dennis Chambers, 1433 Mulberry Lane, is against the subdivision and would prefer open space. He had not received the staff report. Mr. Anastasia, 18811 Montewood Dr., Saratoga, submitted pictures of the area he wishes to subdivide, and pictures of his neighbors property, and stated he did not wish a continuance. Mr. Carlson moved to continue to January 17, 1989, so that the appellant has an opportunity to read the report. Mr. Hamilton seconded. Carried by a vote of four ayes. Mr. Ventura abstained due to not receiving the tape on this issue. APPEAL 300 BLOSSOM HILL RD. Mayor Benjamin stated this was the time and place duly noted for public hearing to consider the certification of a draft Environmental Impact Report, EIR-85-1A, and a change in zone from 0, R-1:8000 and RM-5:20 to R-1:8000-PD. Z-86-6, in order to construct a 33 unit residential development on 10.2 acres of property at the southeast corner of Blossom Hill and Roberts Road. Location, 300 Blossom Hill Road. Property owners, Ed nino and Vasona Hills Partnership. Mr. Hamilton stated he would abstain from voting on this issue. Mr. Ventura stated he had reviewed the tape of the previous meeting and would be voting on this issue. Mr. Bryant, Director of PFM, answered Council's questions regarding what trees would be removed and the number of replacement trees. Bruce Bowen, from Ainsley, 16191 Wood Acres Rd., spoke to the many additional improvements to the Town that the project would be responsible for. Cybil Albreck, 14973 Natalie Rd., spoke to the reduction of lot size for lots 1, 2, 3, 4, 30, & 31; a traffic signal or illegal left turn from Roberts Road onto Blossom Hill Road; Roberts Road landscaping between the creek and the development; and traffic addressed on Robert Road going west. Ann Lamborn, concerned with the safety of lot 4 in relation to the curve of Roberts Road; thinks the color planned is to light; does not care for sound walls in Los Gatos. Linda Callon, representing Ainsley, spoke to all concerns above in terms of compliance and cooperation. Mr. Carlson asked Mr. Bowen to use the Nino house as the unit to obtain the additional BMP units, to contribute to the cost of upgrading Roberts Road in regards to traffic consistent with Town's formula for assessing others, and to be responsible for the assurance that Cal Trans will maintain the screening for the sound wall. Mr. Bowen acquiesced. No one else from the audience wished to speak on the issue. Mr. Carlson moved to close the public hearing. Mr. Ventura seconded. Carried by a vote of four ayes. Mr. Hamilton abstained. Mr. Carlson moved to certify the EIR. Mr. Ventura seconded. Carried by vote of four ayes. Mr. Hamilton abstained. Mr. Carlson moved to make a statement of overriding considerations for the EIR based on the staff report and Town Housing Policy 16. Mr. Ventura seconded. Carried by vote of four ayes. Mr. Hamilton abstained. Mr. Carlson made a finding that the request proposal is consistent with our General Plan. Mr. Ventura seconded. Carried by vote of four ayes. Mr. Hamilton abstained. Mr. Carlson made a finding for demolishing a single family residence. Mr. Ventura seconded. Carried by vote of four ayes. Mr. Hamilton abstained. Mr. Ventura moved for consensus that there be additional landscaping along the creek frontage, plans to be submitted for satisfaction of Town's Department of Parks and Forestry. Mr. Carlson seconded. Carried by vote of four ayes. Mr. Hamilton abstained. Mr. Carlson moved for consensus to reexamine, to take another look at the plan, to try to maximize the screening from day one. Mr. Ventura seconded. Failed by a vote of two ayes, and two noes. Mayor Benjamin and Mr. Ferrito voted no. Mr. Hamilton abstained. Mr. Carlson moved for consensus to replace condition #51 with the condition to include the Nino house in the BMP formula. Mr. Ferrito seconded. Carried by vote of four ayes. Mr. Hamilton abstained. Mr. Ferrito asked that the record show that the council wishes to produce BMP units and not just an accumulation of funds. Mr. Ventura moved for consensus to have staff require additional landscaping on the freeway side of the sound wall using the drought tolerant species for screening purposes and to obtain the cooperation of Cal Trans. Mr. Carlson seconded. Carried by vote of four ayes. Mr. Hamilton abstained. Mr. Carlson moved for consensus that the soundwall be set at 8' with the overriding consideration being the visibility on the freeway side. Architecture and Site to include further mitigation on construction. Mr. Ferrito seconded. Carried by a vote of four ayes. Mr. Hamilton abstained. Mr. Ventura moved for consensus that any archeological relics or historical artifacts that are discovered at the Nino house and property shall be preserved. Mr. Carlson seconded. Carried by a vote of four ayes. Mr. Hamilton abstained. Mr. Ventura moved for consensus to prohibit left turns from the project on to Roberts Rd., and to ask for a percentage contribution to a restrictive traffic project which is yet to be defined for Roberts Rd. Mr. Carlson seconded. Carried by a vote of four ayes. Staff was requested to have an Ordinance prepared for the January 3, 1989 council meeting. RECESS Mayor Benjamin declared a ten minute recess. The meeting reconvened at 10:00 p.m. APPEAL 761 UNIVERSITY AVE. Mayor Benjamin stated this was the time and place duly noted for public hearing to consider an appeal of Planning commission's approval of Architecture and Site Application S-78-7B; Conditional Use Permit Application U-78-3B and Subdivision Application M-87-8A, requesting approval of plans for the construction of a mini-warehouse facility, warehouse space, service commercial space, a single family residence for use by a resident manager and to merge five existing lots into three lots in the LM zone. Property located at 761 University Avenue; property owner, Jon P. Anderson. Applicant, Public Storage, Inc. Appellants, Walter M. Cardinet, Peter O'Toole, Richard Grimes, Peter Siemens, Brad Clifford. Richard Gaines, 340 Johnson Ave, feels that the Planning Commission erred in granting approval of merging 5 lots into 3 lots. This does not fit the General Plan of service commercial zone. John Knott, of Public Storage, Dublin, spoke to the re-configuration of lots which allow 25% increase in Service Commercial. Steve Tannier, with Public Storage, spoke to the conversion of warehouse to covered parking with service commercial on upper level. Dale O'Toole, 143 E1 Pinar, is against this project as one large project, it is really three projects in his view. Pete Siemens, 69 Ellenwood, states that this project is too large for Los Gatos. Bill Mason, 156 Euclid Ave., questioned the handicapped parking spaces ratio, the handicapped access accommodation, and the amount of car trips to traffic ratio on projects B & D. No one else from the audience wished to speak on this issue. Mr. Carlson moved to close the public hearing. Mr. Ventura seconded. Carried unanimously. Mr. Carlson moved to reopen the public hearing and to continue the meeting past midnight. Mr. Ventura seconded. Carried unanimously. John Knox, Public Storage, Dublin, addressed revamping buildings to accommodate office space and parking, and the need for handicapped access. Pete Siemens, 69 Ellenwood, send it back to Planning Commission and get the scale cut down, which now stands at the size of two football fields. Mr. Ventura moved to have a study come back which has all of building A designed as service commercial with the parking requirement satisfied by reducing some of the other mini storage space, and that units B & D be constructed in such a manner that they can be converted into lower level parking and service commercial if mini storage is no longer viable in the future. Mr. Carlson seconded. Carried with a vote of three ayes. Mr. Hamilton and Mr. Ferrito voted no. Mr. Ventura moved that this issue return to Council. Mr. Ferrito seconded. Carried unanimously. Mr. Ventura moved that all three parcels consider handicapped parking and access appropriately. Mr. Hamilton seconded. Carried unanimously. Mr. Ventura moved to continue this issue until January 17, 1989. Mr. Hamilton seconded. Carried unanimously. 145 HAPPY ACRES TEMP. POWER Staff report on request from 145 Happy Acres Road for temporary power. Mr. Fink, owner, asked for temporary power at his home. The home construction began in September, 1985. The final building inspection approval on the house was approved in June, 1988. This approval does not authorize occupancy of the house. Occupancy is not approved until an Occupancy permit granted by the Building Department indicating that all town requirements have been met. Mr. Ferrito moved to deny request for temporary power at 145 Happy Acres Road. Mr. Ventura seconded. Carried unanimously. PAYING AGENT OUTSTANDING DEBT ISSUES Staff report on selection of paying agent for outstanding debt issue. Mr. Carlson moved for the adoption of Resolution No. 1988-234 entitled RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING TOWN TREASURER TO SIGN AGREEMENT APPOINTING BANK OF AMERICA AS THE TOWN'S PAYING AGENT FOR THE TOWN'S OUTSTANDING DEBT ISSUES. Mr. Ventura seconded. Carried unanimously. CODE ENFORCEMENT REFERRALS Council informational report. Mr. Hamilton moved to sue violators. Mr. Ferrito seconded. Carried unanimously. CROSSWALK SAR. & MASSOL Mr. Carlson moved to continue this item to January 3, 1989 Council meeting. Mr. Ferrito seconded. Carried unanimously. PARKING HARWOOD & BL. HILL Mr. Carlson moved to continue this item to January 3, 1989 Council meeting. Mr. Ferrito seconded. Carried unanimously. MUSEUM COMMISSION Mr. Carlson moved to continue this item to January 3, 1989 Council meeting. Mr. Ferrito seconded. Carried unanimously. MINUTES NOVEMBER 21, 22, & 28, DECEMBER 5, 1988 Mr. Carlson moved to continue this item to January 3, 1989 Council meeting. Mr. Ferrito seconded. Carried unanimously. TREASURER'S REPORT NOVEMBER, 1988 Mr. Carlson moved to continue this item to January 3, 1989 Council meeting. Mr. Ferrito seconded. Carried unanimously. CROSSWALK LOS GATOS ALMADEN ROAD Mr. Carlson moved to continue this item to January 3, 1989 Council meeting. Mr. Ferrito seconded. Carried unanimously. TRAFFIC POLICY Mr. Carlson moved to continue this item to January 3, 1989 Council meeting. Mr. Ferrito seconded. Carried unanimously. SUPPLEMENTAL BUDGET/CLAIM Mr. Carlson moved to continue this item to January 3, 1989 Council meeting. Mr. Ferrito seconded. Carried unanimously. TOWN CLERK COMPENSATION Mr. Carlson moved to continue this item to January 3, 1989 Council meeting. Mr. Ferrito seconded. Carried unanimously. TOWN CLERK RESPONSIBILITIES Mr. Carlson moved to continue this item to January 3, 1989 Council meeting. Mr. Ferrito seconded. Carried unanimously. COUNCIL COMMITTEE APPOINTMENTS Mr. Carlson moved to continue this item to January 3, 1989 Council meeting. Mr. Ferrito seconded. Carried unanimously. COMMITTEE REPORTS Mr. Carlson moved to continue this item to January 3, 1989 Council meeting. Mr. Ferrito seconded. Carried unanimously. ADJOURNMENT Mayor Benjamin declared the meeting adjourned at 1:15 a.m., Monday, December 19, 1988. ATTEST: Marian V. Cosgrove Town Clerk