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M 01-03-89TOWN OF LOS GATOS CALIFORNIA TOWN COUNCIL/PARKING AUTHORITY AGENDA JANUARY 3, 1989 ROLL CALL PRESENT: Eric D. Carlson, Thomas J. Ferrito, and Mayor Joanne Benjamin. ABSENT:Robert L. Hamilton and Brent N. Ventura. Interviews were held for the Community Services and Parking Commissions. The record shows that Mr. Ventura arrived at 7:47 p.m. TOWN COUNCIL The Town Council/Parking Authority met in the Council Chambers of the Town Hall at 7:52 p.m., in regular session. PLEDGE OF ALLEGIANCE Given by all in attendance. APPOINTMENTS COMMUNITY SERVICES COMMISSION Applications were received from Elroy McDonald Smith, Joseph R. Ferrito, Catherine (Klein) Fisher, Mary Alice Blice, and Diane B. Werp for three vacancies on the Community Service Commission. The record shows that Mr. Ferrito abstained from voting until his brother removed his application. Voting was held and Catherine (Klein) Fisher, Mary Alice Blice, and Diane Werp were appointed to fill the three vacancies. Term to expire January 1, 1992. APPOINTMENTS PARKING COMMISSION Application was received from Elroy McDonald Smith for one of two vacancies on the Parking Commission. Due to insufficient applications to fill the openings the Parking Commission appointments will be continued for re-advertisement. CLOSED SESSION Mary Jo Levinger, Town Attorney, reported that Council had met in Closed Session pursuant to Government Code Section 54956.9(a) in regards to Nadey v. Town. Council agreed to settle litigation in the amount of $5,500. Pursuant to Government Code Section 54956.9(a) regarding Brasher Worker's Compensation, there was no report. Pursuant to Government Code Section 54956.9(b) regarding the claim of Cynthia Morgan, Council made a finding of significant exposure to litigation and agreed to settle the claim in the total amount of $10,.000. Pursuant to Government Code Section 54956.9(c) regarding Institution of Litigation re: Villa Vasona, there was no report. BID AWARD POLICE MOTORCYCLES Two bids were received for the purchase of two new 1989 motorcycles for Police Traffic Patrol use from Golden State Harley-Davidson and Grand Prix. Mr. Carlson moved to award the bid to Grand Prix Motorcycles in the amount of $6,249.00 each plus 7% sales tax ($437.43) for a total cost of $6,686.43 each without trade-in. One motorcycle to be purchased upon acceptance of bid by Council and the second to be purchased upon approval of the O.T.S. Grant. Mr. Ventura seconded. Carried by a vote of 4 ayes. Mr. Hamilton absent. APPOINTMENTS STUDENT PARKS COMMISSION Applications were received from Alison Banks, Christie-Joy Brodrick, Casper Partovi, Robin Aaron Javaherian, Ahmad Reza Sheikholeslami, and Biret Anna Corin Adden for two vacancies for student membership on the Los Gatos Parks Commission. It was Council consensus to appoint Alison Banks and Christy Broderick to the Commission. Their term to expire October 31, 1989. Bill York from the Parks Commission made the presentation. PUBLIC HEARING SCHEDULE Council informational report. COUNCIL CALENDAR Council informational report. PAYROLL DECEMBER 30, 1988 PAYROLL & RELATED WARRANTS Mr. Carlson moved for the approval of December 30, 1988 payroll in the amount of $176,596.68 and payroll related warrants in the amount of $350,931.05. Mr. Ventura seconded. Carried by a vote of 4 ayes. Mar. Hamilton absent. PLANNING COMM/DEPART MONTHLY REPORT Council informational report. ACCEPTANCE/COMPLETION PROJECT 8801 Mr. Carlson moved to authorize the Mayor to execute and the Town Clerk to record a Notice of Completion and Certificate of Acceptance, for replacement of a traffic signal controller at Los Gatos Blvd/Saratoga Ave., Project 8801. Mr. Ventura seconded. Carried by a vote of 4 ayes. Mr. Hamilton absent. APPEAL 471 SANTA ROSA DR. Mayor Benjamin stated that this was the time and place duly noted for public hearing to consider appeal of Planning Commission's denial to modify an approval granted to change the exterior color of a single family residence. Property owner, Peter C. Woglom. Location, 471 Santa Rosa Drive. Peter Woglom stated that he was willing to sign an attachment, or contract in order to retrieve his $4,000.00 deposit. No one else from the audience wished to speak on this issue. Mr. Carlson moved to close the public hearing. Mr. Ventura seconded. Carried by a vote of 4 ayes. Mr. Hamilton absent. Mr. Carlson moved to uphold the Planning Commission's decision denying the request for a modification to the original approval to allow a change in the approved exterior color for a single family residence with following conditions: painting to be done within ten years, color to be approved by Town and authorized bond not to exceed $200.00 in cost to owner. Mr. Ventura seconded. Carried by a vote of 3 ayes. Mayor Benjamin voted no. Mr. Hamilton absent. Town Attorney to prepare a resolution for Council consideration. APPEAL 15347 NATIONAL AV Mayor Benjamin stated that this was the time and place duly noted for public hearing to consider appeal of Planning Commission's denial of zone change application Z-88-1, requiring an Environmental Impact Report and request of change in zoning from R-1:8000 (single family residential), 8000 square foot minimum lot size) to R-1:8000-PD (single family residential, 8,000 square foot minimum lot size-planned Development) and requesting permission to construct an 80 room senior citizen retirement home. Property located at 15347 National Avenue; property owner, Goldrich, Kest & Associates. Robert Hersch, 15233 Ventura Blvd., made a detailed report on the appropriateness of a retirement home designed for National Ave. Mt. Carlson, Mr. Ventura and Mayor Benjamin mentioned for the record that they had met with and discussed the issue with Mr. Hersch. The following residents of the neighborhood spoke in favor of the current single family residential zone remaining in effect: Vern Russell, 210 Jo Drive; Allen Morman, 218 Jo Drive; Ray Petty, 380 Blackwell Ave.; Randy Carter, 243 Jo Drive; Frank LaFarge, Blackwell & Jo. No one else from the audience wished to speak on this issue. Mr. Carlson moved to close the public hearing. Mr. Ventura seconded. Carried by a vote of 4 ayes. Mr. Hamilton absent. Mr. Carlson moved to uphold Planning Commission's decision and deny application Z-88-1. Mr. Ferrito seconded. Carried by a vote of 4 ayes. Mr. Hamilton absent. Town Attorney to prepare a resolution for Council consideration. APPEAL 542-548 N. SANTA CRUZ AV. 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 permission to operate a restaurant with the sale of beer and wine, and outdoor seating, on property in the LM zone. Property located at 542 - 548 N. Santa Cruz Avenue. Owner, All California Title Co.; applicant, James Joseph Conner/'And Chili Tamale Factory. Terry Mc Elroy, 380 Bella Vista Ave., spoke in favor of approving "And Chili's project. He gave his reasons for giving approval based on three errors committed in Planning Commission's decision. No one else from the audience wished to speak on this issue. Mr. Ventura moved to close the public hearing. Mr. Carlson seconded. Carried by a vote of 4 ayes. Mr. Hamilton absent. Mr. Ventura moved to continue until the April 17, 1989 when it is anticipated that the proposed amendments to the Traffic Policy are completed. Mr. Carlson seconded. Carried by a vote of 4 ayes. Mr. Hamilton absent. URGENCY ZONING ORDINANCE 1768 Mayor Benjamin stated that this was the time and place duly noted for public hearing to consider Interim Zoning Ordinance 1768 establishing a temporary prohibition on application for certain types of improvements to non-residential property in the Downtown Specific Plan area located west of State Route 17 between Saratoga Avenue and Blossom Hill Road. No one from the audience wished to speak on this issue. Mr. Carlson moved to continue to January 9, 1989. Mr. Ventura seconded. Carried with a vote of 3 ayes. Mr. Ferrito voted no. Mr. Hamilton absent. URGENCY ZONING ORDINANCE 1769 Mayor Benjamin stated that this was the time and place duly noted for public hearing to consider Interim Zoning Ordinance 1769 establishing a temporary prohibition on application for certain types of improvements to property in the area bounded by Blossom Hill Road, Short Road, Hicks Road and Shannon Road. Jeffrey Widman, 84 W. Santa Clara St., San Jose, spoke for clients who own property in the area affected by this ordinance. Adu Bagley, Carl Ave. Monte Sereno, spoke for the Town Trails Committee, and thanked staff for looking at this property before it is subdivided. Diane Mc Laughlin, 15626 Francis Oaks Way, mentioned that the neighborhood is behind the moratorium. Others spoke for and against the ordinance. No one else from the audience wished to speak on this issue. Mr. Ferrito moved to close the public hearing. Mr. Carlson seconded. Carried by a vote of 4 ayes. Mr. Hamilton absent. Mr. Ferrito made the finding that there is a current and immediate threat to the public health, safety or welfare. The approval of additional subdivisions, use permits, variances, building permits or any other applicable entitlement for use which is required in order to comply with a zoning ordinance would result in a threat to public, health, safety or welfare. Mr. Ventura seconded. Carried by a vote of 4 ayes. Mr. Hamilton absent. Mr. Ferrito moved to waive the reading for AN URGENCY INTERIM ZONING ORDINANCE EXTENDING ORDINANCE 1769 ESTABLISHING A TEMPORARY PROHIBITION ON APPLICATIONS FOR CERTAIN TYPES OF IMPROVEMENTS TO PROPERTY IN THE AREA BOUNDED BY SHORT ROAD, BLOSSOM HILL ROAD, HARWOOD ROAD, HICKS ROAD AND SHANNON ROAD. Mr. Ventura seconded. Carried by a vote of 4 ayes. Mr. Hamilton absent. Clerk read title of the ordinance. Mr. Ferrito moved to introduce and adopt Ordinance 1777 entitled, AN URGENCY INTERIM ZONING ORDINANCE EXTENDING ORDINANCE 1769 ESTABLISHING A TEMPORARY PROHIBITION ON APPLICATIONS FOR CERTAIN TYPES OF IMPROVEMENTS TO PROPERTY IN THE AREA BOUNDED BY SHORT ROAD, BLOSSOM HILL ROAD, HARWOOD ROAD, HICKS ROAD AND SHANNON ROAD, effective until November 28, 1989. Mr. Ventura seconded. Carried by a vote of 4 ayes. Mr. Hamilton absent. Mr. Ferrito moved for consensus to instruct staff to move this item as expeditiously as possible given the workload of the staff. Mr. Ventura seconded. Carried by a vote of 4 ayes. Mr. Hamilton absent. ZONE CHANGE APPLICATION 15755 BLOSSOM HILL ROAD Mayor Benjamin stated that this was the time and place duly noted for public hearing to consider Planning Commission's recommendation on Zone Change Application Z-80-17A requesting permission to modify an approved planned development zone granted for a residential project. Modifications will include construction of six single family residential structures for property in the R- 1:8000-PD zone. Property located at 15755 Blossom Hill Road. Property Owner: Nancy Latos; applicant. David Neale. David Neale, 17311 Zena Ave., Monte Sereno, explained development of single family homes. Steve Benzing, 14630 Big Basin Way, Saratoga, architect for the project, explained the development. Mr. Carlson asked for an explanation of flag lots and fencing heights. Mr. Ventura addressed the possibility of one home for more affordable housing. Mr. Bowman said the DRC recommends that applicant pay the in lieu fee instead of supplying BMP units. Linda Callan, 99 Almaden Blvd., San Jose, representing the applicant, mentioned the findings that the Planning Commission found at their November 9, 1989 meeting regarding the razing of a house. Mr. Ferrito suggested that the best use for unit 8 would be open space as a mini park. Mayor Benjamin suggests that staff notice neighbors regarding the desirability of a mini park. Mr. Ventura moved to continue this public hearing to February 21, 1989, directing staff to send notice and survey to all neighbors of project requesting their opinions about the development and the possibility o a mini park. Mr. Carlson seconded. Carried by a vote of 4 ayes. Mr. Hamilton absent. MINUTES NOVEMBER 21, 1988 Mr. Ferrito requested page 9, item Zanardi, spelling correction. Mr. Ferrito moved the minutes of November 21, 1988 be approved as corrected. Mr. Carlson seconded. Carried 3 ayes. Mr. Ventura abstained. Mr. Hamilton absent. MINUTES NOVEMBER 22, 1988 Mr. Ventura moved the minutes of November 22, 1988 be approved as submitted. Mr. Carlson seconded. Carried 3 ayes. Mr. Ferrito abstained. Mr. Hamilton absent. MINUTES NOVEMBER 28, 1988 Mr. Ventura moved the minutes of November 28, 1988 be approved as submitted. Mr. Carlson seconded. Carried 4 ayes. Mr. Hamilton absent. MINUTES DECEMBER 5, 1988 Mr. Ventura requested page 7, conceptual correction of neutrality on council's part in Planning Commission's consideration of multiple family housing in non- conforming motels. Mr. Ventura moved the minutes of December 5, 1988 be approved as amended. Mr. Carlson seconded. Carried 4 ayes. Mr. Hamilton absent. MINUTES DECEMBER 19, 1988 Mr. Ventura requested page 3, reflect Mr. Ventura abstained from 17471 Wedgewood due to not receiving tape. Mr. Ferrito moved the minutes of December 19, 1988 be approved as amended. Mr. Carlson seconded. Carried 4 ayes. Mr. Hamilton absent. TREASURER'S REPORT 1988 Mayor Benjamin stated Council had received the Treasurer's Report of November, 1988. ORDINANCE 300 BLOSSOM HILL Introduction of ordinance for change in zone from O, 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 south-east corner of Blossom Hill Road and Roberts Road. Location: 300 Blossom Hill Road. Property owners: Ed Nino and Vasona Hills Partnership. Linda Callan, speaking for Ainsley Development., asked that a cap be placed on condition 40b so that the cost of Roberts Rd. improvement be 50% to the development or no more than $50,000.00. Bruce Vallan, 16191 Woodacres Road, stated that there are no longer any historical artifacts in the Nino house. Mr. Ventura moved to modify condition 1 to the effect that the Historic Advisory Committee review any interior or exterior modifications to the Nino house proposed by this project. Mr. Carlson seconded. Carried by a vote of 4 ayes. Mr. Hamilton absent. Mr. Carlson moved to modify condition 40b so that the cost to the development for Roberts Road improvements be capped at $50,000.00. Mayor Benjamin seconded. Failed to carry with a vote of 2 ayes. Mr. Ventura and Mr. Ferrito voted no. Mr. Hamilton absent. Mr. Ventura moved for a contingency cap of $60,000.00. Mr. Carlson seconded. Carried with a vote of 4 ayes. Mr. Hamilton absent. Mr. Carlson moved to waive the reading for AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONING ORDINANCE AFFECTING ZONE CHANGE NO. ______ FROM O, R-1:8000 & RM:5-20 TO R-1:8000-PD. Mr. Ferrito seconded. Carried with a vote of 4 ayes. Mr. Hamilton absent. The Clerk read the ordinance. Mr. Carlson moved to introduce the ordinance as amended, modifying condition 1 to the effect that the Historic Advisory Committee review modifications to the Nino house and condition 40b be capped at $60,000.00. Mr. Ventura seconded. Mr. Hamilton absent. KCAT REORGANIZATION Comments on KCAT Board of Directors. Item to be re-agendized in the future. MUSEUM COMMISSION Mr. Carlson moved for recommended action. Mr. Ferrito seconded. After further discussion Mr. Carlson withdrew his motion. Mr. Ferrito moved to continue this item until March 6, 1989, after Council's joint meeting. Mr. Carlson seconded. Carried with a vote of 4 ayes. Mr. Hamilton absent. TOWN -WIDE TRAFFIC POLICY CHANGES After a lengthy discussion it was decided that staff would notify Council of a time for a study session on the traffic policy, with comment from Mr. Carlson that each councilmember submit to staff their own concept of the traffic policy. FEMA Mr. Ventura moved to authorize the purchase of approximately 17 vertical file cabinets and related supplies from TAB Products in an amount not to exceed $17,800 from FEMA funds. Mr. Carlson seconded. Carried with a vote of 4 ayes. Mr. Hamilton absent. Mr. Ventura moved for the adoption of Resolution No. 1989-entitled, RESOLUTION AUTHORIZING THE TOWN MANAGER TO ENTER INTO AN AGREEMENT WITH RECORDS SYSTEMS ASSOCIATES INCORPORATED. Mr. Carlson seconded. Carried with a vote of 4 ayes. Mr. Hamilton absent. EXTEND MEETING Mr. Carlson moved to extend the meeting beyond 12:00 midnight. Mr. Ventura seconded. Carried by a vote of 4 ayes. Mr. Hamilton absent. CROSSWALK SARATOGA AT MASSOL AVE. Mr. Ventura moved to continue this item. Mr. Carlson seconded. Carried by a vote of 4 ayes. Mr. Hamilton absent. PARKING PROHIBITION EAST SIDE OF HARWOOD ROAD Mr. Carlson moved to continue this item. Mr. Ventura seconded. Carried by a vote of 4 ayes. Mr. Hamilton absent. KEEP CLEAR LOS GATOS BLVD. AT FILLMER AVE. Mr. Ventura moved to deny the request for a "Keep Clear" zone on Los Gatos Boulevard at Fillmer Avenue. Mr. Ferrito seconded. Carried by a vote of 4 ayes. Mr. Hamilton absent. COMPENSATION TOWN CLERK Mr. Ventura moved for the adoption of Resolution No. 1989-2 A RESOLUTION ESTABLISHING THE COMPENSATION FOR THE ELECTED AND NON- ELECTED DUTIES OF THE TOWN CLERK. Mr. Carlson seconded. Carried by a vote of 3 ayes. Mr. Ferrito voted no. Mr. Hamilton absent. DUTIES TOWN CLERK & FINANCE DIRECTOR Mr. Ventura moved to waive the reading for AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING SECTION 2.5 AND SECTION 28.3.5 OF THE TOWN OF LOS GATOS CODE RELATING TO NON-ELECTED DUTIES OF TOWN CLERK AND TRANSFERRING TAX & LICENSE COLLECTION TO THE DIRECTOR OF FINANCE. Mr. Carlson seconded. Carried by a vote of 4 yes. Mr. Hamilton absent. Town Clerk read title of the Ordinance. Mr. Ventura moved to introduce the ordinance. Mr. Carlson seconded. Carried by a vote of 4 ayes. Mr. Hamilton absent. COUNCIL COMMITTEE APPOINTMENTS Mr. Ventura moved to approve the Council Committee Appointments amended report. Mr. Carlson seconded. Carried by a vote of 4 ayes. Mr. Hamilton absent. COUNCIL COMMITTEE REPORTS A field trip for Guadalupe College is noticed for January 7th. A workshop is noticed for January 9th following the adjourned Council meeting. ADJOURNMENT Mayor Benjamin declared meeting adjourned at 12:45 a.m., to be continued to Monday, January 9, 1989, at 7:30 p.m. ATTEST: Marian V. Cosgrove Town Clerk