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M 10-15-90TOWN OF LOS GATOS CALIFORNIA TOWN COUNCIL/PARKING AUTHORITY October 15, 1990 Minutes TOWN COUNCIL The Town Council/Parking Authority of the Town of Los Gatos met in the Council Chambers of the Town Hall, 100 East Main Street, at 7:58 p.m., Monday, 1990, in regular session. ROLL CALL Present:Joanne Benjamin, Eric D. Carlson, Brent N. Ventura and Mayor Thomas J. Ferrito. Absent:Robert L. Hamilton. PLEDGE OF ALLEGIANCE/CUB SCOUT PACK 502 The pledge of allegiance was lead by Cub Scout Pack #502 of Daves Ave. School, and given by all in attendance. YOUTH ADVISORY COMMISSION/APPOINTMENTS Applications were received for openings on this commission from one adult, Patricia Ernstrom, and eight high school students, Adam Brown, Amy Brown, Scott Burns, Kirsten Fish, Gregg Heil, Kristen Swan, Erik Wolf and Greg Yap. Council's decision was that all applicants should be appointed and that re-advertisement take place so as to seek junior high and adult applicants. CLOSED SESSION Mary Jo Levinger, Town Attorney, reported that Council had met in Closed Session prior to this evening's meeting pursuant to Government Code Section 54956.9(a) to discuss Pending Litigation regarding Town of Los Gatos vs Vertical Management Systems. There is no report from this discussion. Pursuant to Government Code Section 54956.9(b) to discuss Threatened Litigation on Redevelopment. Council first made the findings of significant exposure to litigation before discussing the matter. There is no report from this discussion. Pursuant to Government Code Section 54956.9(c) to discuss Institution of Litigation regarding Route 85. There is no report from this discussion. TC:D1:MM101590 8805 PROJECT/PARKING/LOT 4/CONTRACT AWARD Motion by Mr. Ventura, seconded by Mr. Carlson, that Council award the contract for the work to the lowest responsible bidder, Duran and Venables Inc., in the total estimated amount of $87,779.00 , and authorize the Town Manager to sign the contract on behalf of the Town. Carried by a vote of 4 ayes. Mr. Hamilton absent. SCHEDULE OF PUBLIC HEARINGS Informational report regarding currently scheduled public hearings was received and filed. TC:D1:MM101590 October 15, 1990 Los Gatos, California CODE COMPLIANCE/QUARTERLY REPORT Informational report regarding the current status of the code compliance office received and filed. PAYROLL/RATIFICATION/PAID OCTOBER 5, 1990 Motion by Mr. Carlson, seconded by Mrs. Benjamin, for ratification of the accompanying check registers for payroll of September 16, to September 29, 1990, in the amount of $210,637.80, paid on October 5, 1990. Carried by a vote of 4 ayes. Mr. Hamilton absent. ACCOUNTS PAYABLE/RATIFICATION/SEPTEMBER & OCTOBER 1990 Motion by Mr. Carlson, seconded by Mrs. Benjamin, for ratification of accompanying check registers for accounts payable invoices in the amount of $260,445.31, paid on September 26, and October 5, 1990. Carried by a vote of 4 ayes. Mr. Hamilton absent. WATER DISTRICT/COUNTY/FLOOD CONTROL ADVISORY/APPOINTMENT Motion by Mr. Carlson, seconded by Mrs. Benjamin, that Council nominate Frans Lind, Associate Civil Engineer, Representative; John Givlin, Associate Civil Engineer, Alternate No.1; and Christine Fischer, Town Engineer, Alternate No. 2 to the Central and North Central Flood Control Zone Advisory Committees. The actual appointments are made by the District Board of Directors. Carried by a vote of 4 ayes. Mr. Hamilton absent. EARTHQUAKE MERCHANT SURVIVAL REVIVAL/PARTY OCTOBER 17, 1990 Motion by Mr. Carlson, seconded by Mrs. Benjamin, that Council approve the Downtown Merchants' request to hold an anniversary party beginning at 5:04 p.m., October 17, 1990, to commemorate the heroic response of the community, both individually and collectively, to the Loma Prieta Earthquake of October 17, 1989. Carried by a vote of 4 ayes. Mr. Hamilton absent. CHILDREN'S CHRISTMAS-HOLIDAY PARADE/DECEMBER 1, 1990 Motion by Mr. Carlson, seconded by Mrs. Benjamin, that Council approve the request of the Los Gatos Chamber of Commerce and the Los Gatos Lions Club to hold the 34th Annual Children's Christmas-Holiday Parade on Saturday, December 1, 1990, and approve the expenditure of approximately $9,300.00 in staffing costs in support of this community event as based on established precedent. Carried by a vote of 4 ayes. Mr. Hamilton absent. CASA/BANNERS AND RIBBONS/OCTOBER 21 TO OCTOBER 27, 1990 Motion by Mr. Carlson, seconded by Mrs. Benjamin, that Council approve the request and direct the applicant to coordinate the display of banners and ribbons with the Director of Parks, Forestry and Maintenance for the period of October 21 through October 27, 1990. Carried by a vote of 4 ayes. Mr. Hamilton absent. TC:D1:MM101590 October 15, 1990 Los Gatos, California YOUTH PARK DAY/OCTOBER 27, 1990 Motion by Mr. Carlson, seconded by Mrs. Benjamin, that Council approve the closure of New York Ave. on Saturday, October 27, 1990, between 8:00 a.m. and 2:00 p.m. for the annual Youth Park Day event. Carried by a vote of 4 ayes. Mr. Hamilton absent. TC:D1:MM101590 October 15, 1990 Los Gatos, California ABANDONED APPLICATIONS/TOWN POLICY MODIFICATION/RESOLUTION 1990-209 Motion by Mr. Carlson, seconded by Mrs. Benjamin, that Council adopt Resolution 1990- 209 entitled, RESOLUTION OF THE TOWN OF LOS GATOS ESTABLISHING A TOWN POLICY FOR HANDLING ABANDONED APPLICATIONS, as recommended by the Planning Commission. Carried by a vote of 4 ayes. Mr. Hamilton absent. COMMERCIAL MARKET STUDY/CONSULTANT AGREEMENT/RESOLUTION 1990-210 Motion by Mr. Carlson, seconded by Mrs. Benjamin, that Council adopt Resolution 1990- 210 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR CONSULTANT SERVICES TO PREPARE A MARKET STUDY FOR THREE COMMERCIAL AREAS, authorizing the Town Manager to sign the agreement with Economic Research Associates. Carried by a vote of 4 ayes. Mr. Hamilton absent. LIBRARY GRANT APPLICATION/TOPOGRAPHIC SURVEY/RESOLUTION 1990-211 Motion by Mr. Carlson, seconded by Mrs. Benjamin, that Council adopt Resolution 1990- 211 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING DAVID W. KNAPP, TOWN MANAGER TO SIGN AN AGREEMENT WITH DODGE & ASSOCIATES, SURVEYING, FOR CONSULTANT SERVICES FOR PREPARATION OF A BOUNDARY AND TOPOGRAPHIC SURVEY OF THE LIBRARY SITE , for the Library Grant application. Carried by a vote of 4 ayes. Mr. Hamilton absent. PG&E SUBSTATION/WINCHESTER BLVD 14750/APPEAL DENIAL/RESOLUTION 1990-212 Motion by Mr. Carlson, seconded by Mrs. Benjamin, that Council adopt Resolution 1990- 212 entitled, RESOLUTION OF THE TOWN OF LOS GATOS DENYING APPEAL OF PLANNING COMMISSION APPROVAL OF A FIVE-YEAR TIME EXTENSION TO A PREVIOUS APPROVAL FOR CONSTRUCTION OF AN ELECTRICAL SUBSTATION ON PROPERTY LOCATED IN THE CM ZONE, which reflects findings and decisions of the Town Council at its meeting of October 1, 1990. Carried by a vote of 4 ayes. Mr. Hamilton absent. VERBAL COMMUNICATIONS Diane Ogalvie, 27 N. Santa Cruz Ave., regarding restaurant use extension. Mayor Ferrito asked that the speaker and staff meet together and that staff prepare a report for Council for a later Council agenda. TC:D1:MM101590 October 15, 1990 Los Gatos, California Nicole Essner, Membership Director of Jewish Community Center, Lark and Oka, requesting that the Town issue a Proclamation dedicating Los Gatos Jewish Community Center to the National Jewish Community Center movement across the United States for the week of September 15 through October 5, 1990. Mayor Ferrito asked that Ms Essner contact the Manager's secretary to have a proclamation drawn up. TC:D1:MM101590 October 15, 1990 Los Gatos, California HEARINGS WHITNEY AVE 145/BLACKWELL/APPEAL PC DENIAL/HEARING Mayor Ferrito stated that this was the time and place duly noted for public hearing to consider appeal of Planning Commission's denial of plans to construct a single-family residence on property in the R-1D Zone. Owner: Blackwell Brothers Development Company. Architecture and Site Application: S-90-33. Property: 145 Whitney. The following person addressed this issue: Greg Blackwell, 125 East Sunnyoaks, Campbell, requested his plans be approved as requested and referenced a petition of neighbors approval previously submitted. A letter was referenced and portions read for the record from: Catherine Smith, Beverly Strong and Susan Simek stating their concerns regarding the size of this project and requesting their names be removed from the petition. There was no one else to address this issue. Motion by Mr. Ventura, seconded by Mr. Carlson, to close the public hearing. Carried by a vote of 4 ayes. Mr. Hamilton absent. Motion by Mr. Ventura, seconded by Mr. Carlson, that Council approve the decisions of the Planning Commission; that the roof is too high; that the square footage will not be increased; and that Council will not take a position on the barn; nor is the opinion of Council regarding style unanimous and that this matter be sent back to DRC for reconsideration regarding height and design. Carried by a vote of 4 ayes. Mr. Hamilton absent. TERESITA 101/MC CANDLESS/APPEAL/HEARING Mayor Ferrito stated that this was the time and place duly noted for public hearing to consider appeal of Planning Commission's approval of request for approval of plans for the construction of a single-family residence on property in the HR-1 Zone. Owner: Greg McCandless. Architecture and Site Application: S-90-49. Property: 101 Teresita Way. The following people from the audience addressed this issue: James McHugh, 16150 Kennedy Road, opposes this project due to the size and impact on this area. Joe Maruyama, 105 Teresita Way, opposes the project as it is proposed but is not opposed to a more compatible structure of lower height. Phyllis Weber, 16140 Kennedy Road, read letter into the record from Abra Edelman requesting mitigation elements be added regarding visibility of project. Mrs. Weber opposed TC:D1:MM101590 October 15, 1990 Los Gatos, California the height of the proposed project; the size of the floor area; and the excessive decking. Chang Liao, 113 Teresita Way, is opposed to this large project. Greg McCandless, owner of property, explained his project and showed pictures and diagrams expressing the view that his proposed home was an average size structure for the area on Kennedy Road and was similar to existing structures visible from the street. TC:D1:MM101590 October 15, 1990 Los Gatos, California TERESITA WAY CONT. Gerald Fazekas, architect for the project, explained how the project was set parallel to the contours of the hillside; steps down from the hillside in design; incorporates 34 Live Oak trees in the landscaping plan; five street trees to be planted; decking has been reduced 40%. Additional changes were mentioned. Gene Zembetti, Zambetti and Chrysler, representing the McCandless', spoke to the Planning Commission's approval and the compatibility of the project with the neighborhood. Jim McMass, 216 Glenridge Ave, spoke of the beauty of this area and the need to reduce the size of the proposed structure. Jon McConachie, 16199 Kennedy Road, spoke against the large project and desire to see more open space and hillside. Jerry Wright, 155 Teresita, recalls that this lot, Lot #1, was originally considered unbuildable when these lots were first subdivided. He requested more information regarding the current status of buildability the lot has acquired. After the applicant and appellant gave a closing statement there was no one else from the audience to address this issue. Motion by Mr. Carlson, seconded by Mr. Ventura, to close the public hearing. Carried by a vote of 4 ayes. Mr. Hamilton absent. Motion by Mrs. Benjamin, seconded by Mr. Ventura, that Council send this project back to the DRC in order to reduce the size, and reduce the height, finding that the Planning Commission erred by not considering the compatibility of the neighboring homes nor considering the steepness of the lot in consideration of the size structure to be placed on it, also erring in the procedures followed by the Commission in approving this project and by not protecting the privacy of the neighbors. Carried by a vote of 4 ayes. Mr. Hamilton absent. ZONING ORDINANCE AMENDMENT A-90-9/HEARING/RESOLUTION 1990-213 Mayor Ferrito stated that this was the time and place duly noted for public hearing to consider amendments to the Town Zoning Ordinance concerning Planned Developments in the Hillsides including, but not limited to Below Market Price requirements and grading permits. Introducing draft ordinance and adoption of resolution. The following person from the audience spoke to this issue: Adu Bagley, 51 University Ave., asked for planned developments in the hillsides in order to avoid the problems aired in the previous hearing. There was no one else to speak to this issue. Motion by Mr. Ventura, seconded by Mr. Carlson, to close the public hearing. Carried by TC:D1:MM101590 October 15, 1990 Los Gatos, California a vote of 4 ayes. Mr. Hamilton absent. Motion by Mrs. Benjamin, seconded by Mr. Carlson, that Council make the finding that Zoning Ordinance Amendment A-90-9 is consistent with the General Plan. Carried by a vote of 4 ayes. Mr. Hamilton absent. TC:D1:MM101590 October 15, 1990 Los Gatos, California ZONING ORDINANCE AMENDMENT A-90-9 CONT. Motion by Mrs. Benjamin, seconded by Mr. Carlson, that Council waive the reading of the draft ordinance. Carried by a vote of 4 ayes. Mr. Hamilton absent. The Town Clerk read the title of the draft ordinance. Motion by Mr. Ventura, seconded by Mrs. Benjamin, that Council introduce draft Ordinance entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONING ORDINANCE CONCERNING PLANNED DEVELOPMENTS IN THE HILLSIDE. Carried by a vote of 3 ayes. Mr. Hamilton absent. Mr. Carlson voted no, having stated in previous record and reconfirming his position, that he is opposed to the BMP fees. Motion by Mr. Ventura, seconded by Mrs. Benjamin, that Council adopt Resolution 1990- 213 entitled, RESOLUTION OF THE TOWN OF LOS GATOS SPECIFYING RULES, PROCEDURES AND CRITERIA FOR THE TOWN'S BELOW MARKET PRICE HOUSING PROGRAM. Carried by a vote of 3 ayes. Mr. Hamilton absent. Mr. Carlson voting no for reasons previously stated. NATIONAL AVE 15385/ASSESSMENT DISTRICT/HEARING/RESOLUTION 1990-214 Mayor Ferrito stated that this was the time and place duly noted for public hearing to consider intent to form a Landscaping and Lighting Assessment District within the bounds of Tract 8306, located at 15385 National Ave. There was no one in the audience to address this issue. Motion by Mr. Carlson, seconded by Mrs. Benjamin, to close the public hearing. Carried by a vote of 4 ayes. Mr. Hamilton absent. Motion by Mr. Carlson, seconded by Mr. Ventura, that Council adopt Resolution 1990-214 entitled, RESOLUTION OF THE TOWN OF LOS GATOS FIXING AND ESTABLISHING BOUNDARIES AND DECLARING FORMATION OF LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT NO. 1 WITHIN THE BOUNDS OF TRACT 8306, LOCATED AT 15385 NATIONAL AVENUE, pursuant to the Landscaping and Lighting Act of 1972. Carried by a vote of 4 ayes. Mr. Hamilton absent. PREFERENTIAL PARKING/DELAYED ENFORCEMENT/RESOLUTION 1990-215 Motion by Mr. Ventura, seconded by Mr. Carlson, that Council adopt Resolution 1990- 215 entitled, RESOLUTION OF THE TOWN OF LOS GATOS TO DELAY PARKING ENFORCEMENT ON PREFERENTIAL PERMIT PARKING IN DOWNTOWN LOS GATOS, noticing to be done in the least expensive manner. Carried by a vote of 4 ayes. Mr. TC:D1:MM101590 October 15, 1990 Los Gatos, California Hamilton absent. LOS GATOS CHRISTIAN CHURCH/PARKING LOT Informational report on the status of parking concerns regarding the Church, received and filed. TC:D1:MM101590 October 15, 1990 Los Gatos, California COUNTY REFERRALS/4581-34-50-90DR/DEERPARK CT/ANNEXATION REQUIREMENTS Speaker for Sarkhosh, the proposed project, spoke to Council and requested consideration due to tax related issues if project is delayed. Motion by Mrs. Benjamin, seconded by Mr. Ventura, that Council permit the applicant to continue his application with the County and require annexation of the property prior to the granting of final occupancy of the residence, forwarding recommendation for approval to the County with following conditions; exterior colors shall be dark earthtone with a light reflectivity value that does not exceed 30; the slope of the driveway shall be reduced to 15 percent maximum; the minimum inside and outside radius on switchback of driveway shall be 27 feet and 42 feet respectively; the issue between County and Town concerning time of annexation be covered in a letter from the Mayor to Supervisor Susanne Wilson requesting her assistance in this matter. Carried by a vote of 4 ayes. Mr. Hamilton absent. ST. JOSEPH CHURCH/CATHEDRAL OF THE DIOCESE/PROCLAMATION Council moved for consensus that a proclamation be issued acknowledging dedication of St. Joseph Church as the Cathedral of the Diocese of San Jose. LOS GATOS WEEKLY-TIMES NEWSPAPER/LEGAL ADVERTISING FOR TOWN/CONTRACT Parker Stokes, manager for the local paper, spoke to Council regarding the need for contract to establish rates, the extension of our previous contract rate through the month of October, and the request for retroactive rate at the time of signing contract. Motion by Mr. Carlson, seconded by Mr. Ventura, to continue this item to November 5, 1990, and to include the retroactive date of November 1, 1990. Carried by a vote of 2 ayes. Mr. Hamilton absent. Mrs. Benjamin and Mayor Ferrito abstained due to a possible conflict of interest at this time. MINUTES OF SEPTEMBER 17, 1990 Mayor Ferrito requested modification to third paragraph on page 7 as follows: Mayor Ferrito said that the Council's position was that the Town did not have the money to acquire the right of way for the fifth and sixth lanes and that the Town was willing to commit whatever development funds it could extract over time to the acquisition of those lanes. In the interim we can and will consider the third and fourth lanes. Mr. Carlson requested correction of word on page 7, eighth line down: "litigation at approved rate" should read, "mitigation at approved rate". Motion by Mrs. Benjamin, seconded by Mr. Carlson, to approve the Minutes of September 17, 1990 as amended. Carried by a vote of 4 ayes. Mr. Hamilton absent. TC:D1:MM101590 October 15, 1990 Los Gatos, California MINUTES OF SEPTEMBER 24, 1990 Motion by Mr. Carlson, seconded by Mrs. Benjamin, to approve the Minutes of September 24, 1990 as submitted. Carried by a vote of 4 ayes. Mr. Hamilton absent. TC:D1:MM101590 October 15, 1990 Los Gatos, California MINUTES OF OCTOBER 1, 1990 Mayor Ferrito requested name correction on page one under presentations. Pauloa Nani is the correct spelling of name. Motion by Mr. Carlson, seconded by Mrs. Benjamin, to approve the Minutes of October 1, 1990 as amended. Carried by a vote of 4 ayes. Mr. Hamilton absent. ROUTE 85/FREEWAY AGREEMENTS/RESOLUTIONS 1990-216, 1990-217 PERFORMANCE AGREEMENT Motion by Mrs. Benjamin, seconded by Mr. Carlson, that Council adopt Resolution 1990- 216 entitled, RESOLUTION OF THE TOWN OF LOS GATOS APPROVING PERFORMANCE AGREEMENT FOR ROUTE 85, noted as attachment 5, in desk item of staff report dated 10/15/90. Carried by a vote of 3 ayes. Mr. Hamilton absent. Mayor Ferrito voted no for reasons stated in previous record regarding the freeway agreements. FREEWAY AGREEMENT Motion by Mrs. Benjamin, seconded by Mr. Ventura, that Council adopt Resolution 1990- 217 entitled, RESOLUTION OF THE TOWN OF LOS GATOS APPROVING FREEWAY AGREEMENT FOR ROUTE 85, noted as attachment 3, in desk item of staff report dated 10/15/90, which includes the signing of the memorandum of understanding first. Carried by a vote of 3 ayes. Mr. Hamilton absent. Mayor Ferrito voted no for reasons previously stated. MEMORANDUM OF UNDERSTANDING Mr. Ventura made a sub-committee report stating that all issues were resolved except that CalTrans has objected to the condition of subsequent approval by Los Gatos, or any other group, on its authority to open additional freeway lanes. Mr. Carlson explained that the original condition on which Los Gatos agreed to cooperate on the freeway construction was the assurance that the median would be retained for some form of mass transit. Will Kempton, Traffic Authority, feels that CalTrans has not had sufficient time to process this agreement and that given this time will be able to work out its concerns. Mayor Ferrito, read paragraph 14 of the Performance Agreement into the record, "The Traffic Authority agrees that no new freeway lanes shall be constructed in the Route 85 median or in the shoulders of Route 85 within the geographical limits of Town without prior written approval by the Town Council of the Town." Mayor Ferrito also explained that Berch Bechtol had also stated that state law would require that the median would be mass transit and that median and shoulder use could come before Town for use approval. TC:D1:MM101590 October 15, 1990 Los Gatos, California Consensus by Council, to adjourn this meeting and this item to Thursday night, October 18, 1990, at 9:30 p.m., preceded by Closed Session. Mary Jo Levinger, Town Attorney announced that Closed Session would be held pursuant to Government Code Section 54956.9(c), Institution of Litigation regarding Route 85. TC:D1:MM101590 October 15, 1990 Los Gatos, California CODE ENFORCEMENT/REFERRALS TO TOWN ATTORNEY Informational item received and filed. COLLEGE AVE TRESTLE Motion by Mr. Ventura, seconded by Mrs. Benjamin, that Council direct staff to dismantle the trestle and salvage the timbers and hardware for use in future Town projects. Carried by a vote of 4 ayes. Mr. Hamilton absent. BIG GREEN INITIATIVE/PROP 128/CAL ENVIRONMENTAL PROTECTION There was no action taken by Council on this item. Report received and filed. KNOWLES DRIVE/COUNTY PROPERTY Motion by Mr. Carlson, seconded by Mr. Ventura, that Council affirm the Housing Review Committee's Development Guidelines for the Knowles Drive Housing Project, selection of Mid-Peninsula Housing Coalition as the non-profit housing developer for the Knowles Drive property, and direct staff to prepare a letter for the Mayor's signature to the Santa clara County Board of Supervisors reflecting the Council's decision and requesting that the County work with the Mid-Peninsula Housing coalition to meet the November 2 application deadline for the State bond funds. Carried by a vote of 4 ayes. Mr. Hamilton absent. ADJOURNMENT Mayor Ferrito adjourned this meeting at 10:22 p.m. The meeting is adjourned to Thursday, October 18, 1990, at 9:30 p.m. ATTEST: TC:D1:MM101590 October 15, 1990 Los Gatos, California Marian V. Cosgrove Town Clerk TC:D1:MM101590