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M 04-02-90TOWN OF LOS GATOS CALIFORNIA TOWN COUNCIL/PARKING AUTHORITY April 2, 1990 Minutes TOWN COUNCIL The Town Council/Parking Authority of the Town of Los Gatos met in the Council chambers of Town Hall, 100 E. Main St., at 7:48 p.m., Monday, April 2,1990, in regular session. ROLL CALL Present:Joanne Benjamin, Robert L. Hamilton and Mayor Thomas J. Ferrito. Absent:Eric D. Carlson and Brent N. Ventura. PLEDGE OF ALLEGIANCE Given by all in attendance. PROCLAMATION/EARTHQUAKE PREPAREDNESS MONTH Mayor Ferrito presented a Proclamation from the Town Council proclaiming April 1990, Earthquake Preparedness Month to Mary Alice Blice, representing the Community Services Commission. Ms Blice accepted the proclamation and announced that April 25, 1990 was Earthquake Night at 7:30 p.m. in the Neighborhood Center, at which time a workshop will be held with representatives from the U.S. Geological Survey. 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 in regards to Gera vs Town of Los Gatos, et al. There is no report from that discussion. Pursuant to Government Code Section 54956.9(c) to discuss Institution of Litigation regarding Route 85. There is no report from that discussion. Pursuant to Government Code Section 54957 to discuss a Personnel matter. There is no report at this time. This item will be on the agenda of April 16, 1990. UNITED STATES ESCROW AND NILSEN TRUDEAU ASSOCIATES/BID AWARD CALIFORNIA NATURAL DISASTER ASSISTANCE PROGRAM/CALDAP Motion by Mrs. Benjamin, seconded by Mr. Hamilton, that Council approve awarding a TC:D1:040290 contract to United States Escrow and Nilsen Trudeau Associates for the provision of CALDAP loan and rehabilitation services and adopt the attached resolution authorizing the Town Manager to enter into the contract on the Town's behalf and provide news articles and outreach to encourage those who would wish to apply. Carried by a vote of three ayes. Mr. Carlson and Mr. Ventura absent. SCHEDULE OF PUBLIC HEARINGS Informational report regarding currently scheduled public hearings was received and filed. COUNTY REFERRALS Informational report regarding county referrals was received and filed. PLANNING COMMISSION/PLANNING DEPARTMENT/MONTHLY STATUS REPORT Informational report regarding status of pending Planning Department applications and projects was received and filed. COUNCIL CALENDAR OF MEETINGS Informational report regarding calendar of upcoming Town meetings was received and filed. PAYROLL/RATIFICATION/MARCH 23, 1990 Motion by Mrs. Benjamin, seconded by Mr. Hamilton, for ratification of the accompanying check registers for payroll in the amount of $219,130.90. Carried by a vote of 3 ayes. Mr. Carlson and Mr. Ventura absent. ACCOUNTS PAYABLE/RATIFICATION/MARCH 1990 Motion by Mrs. Benjamin, seconded by Mr. Hamilton, for ratification of accompanying check registers for accounts payable invoices in the amount of $195,846.07 paid on March 16, 1990 and March 23, 1990. Carried by a vote of 3 ayes. Mr. Carlson and Mr. Ventura absent. FAMILY FUN RUN/10K RACE/MAY 20, 1990 LOS GATOS ELEMENTARY EDUCATION FOUNDATION Motion by Mrs. Benjamin, seconded by Mr. Hamilton, that Council approve the request by the Los Gatos Elementary Education Foundation to hold a 10-Kilometer Race and 2-mile Fun Run/Walk on Sunday, May 20, 1990, subject to conditions listed in agenda report. Carried by a vote of three ayes. Mr. Carlson and Mr. Ventura absent. CAT'S HILL RACE/16TH ANNUAL BICYCLE RACE Motion by Mrs. Benjamin, seconded by Mr. Hamilton, that Council approve the request by the Los Gatos Bicycle Racing Club to hold the Cat's Hill Bicycle Race on Saturday, May 12, TC:D1:040290 1990, subject to the conditions listed in the agenda report. Carried by a vote of three ayes. Mr. Carlson and Mr. Ventura absent. GOODWILL INDUSTRIES DONATION TRUCK/WINCHESTER AND LARK Motion by Mrs. Benjamin, seconded by Mr. Hamilton, that Council approve the request to locate a Goodwill Industries donation truck on Town owned property at the southeast corner of Winchester Boulevard and Lark Avenue adjacent to the fire station, and zoned CM (Controlled Manufacturing), subject to the conditions listed in the agenda report. Carried by a vote of three ayes. Mr. Carlson and Mr. Ventura absent. BUDGET 1989-90/REVISED/RESOLUTION 1990-75 Motion by Mrs. Benjamin, seconded by Mr. Hamilton, that Council adopt Resolution 1990-75 entitled, RESOLUTION OF THE TOWN OF LOS GATOS TO ADOPT THE REVISED 1989-90 REVENUE BUDGETS AND DEPARTMENT BUDGETED EXPENDITURES. Carried by a vote of three ayes. Mr. Carlson and Mr. Ventura absent. EARTH DAY/APRIL 22,1990/RESOLUTION 1990-76 Motion by Mrs. Benjamin, seconded by Mr. Hamilton, that Council adopt Resolution 1990-76 entitled, RESOLUTION OF THE TOWN OF LOS GATOS DESIGNATING APRIL 22, 1990 AS EARTH DAY. Carried by a vote of three ayes. Mr. Carlson and Mr. Ventura absent. LIBRARY ACQUISITION/RELOCATION SERVICES/AGREEMENT/RESOLUTION 1990-77 Motion by Mrs. Benjamin, seconded by Mr. Hamilton, that Council adopt Resolution 1990-77 entitled, RESOLUTION OF THE TOWN OF LOS GATOS APPROVING THE AGREEMENT WITH ARTHUR KLINGENSMITH, RELOCATION AND REDEVELOPMENT CONSULTANT, authorizing the Manager to enter into agreement for services for the new Library project. Carried by a vote of three ayes. Mr. Carlson and Mr. Ventura absent. TOWN ATTORNEY/COMPENSATION/AGREEMENT/RESOLUTION 1990-78 Motion by Mrs. Benjamin, seconded by Mr. Hamilton, that Council adopt Resolution 1990-78 entitled, RESOLUTION OF THE TOWN OF LOS GATOS APPROVING AMENDMENT TO THE LETTER OF AGREEMENT BETWEEN THE TOWN OF LOS GATOS AND TOWN ATTORNEY. Carried by a vote of three ayes. Mr. Carlson and Mr. Ventura absent. LOS GATOS BLVD 16101/LA MANCHA/SHOPPING CENTER/RESOLUTION 1990-79 Motion by Mrs. Benjamin, seconded by Mr. Hamilton, that Council adopt Resolution 1990-79 entitled, RESOLUTION OF THE TOWN OF LOS GATOS REMANDING TO THE PLANNING COMMISSION THE PLANNING COMMISSION DENIAL OF A REQUEST FOR APPROVAL OF PLANS FOR THE CONSTRUCTION OF A SHOPPING CENTER IN TC:D1:040290 THE CH ZONE (16101 LOS GATOS BOULEVARD - LA MANCHA DEVELOPMENT COMPANY, which incorporates the findings and decision of the Town Council at its meeting of March 19, 1990. Carried by a vote of three ayes. Mr. Carlson and Mr. Ventura absent. FOSTER ROAD #8/ANNEXATION/RESOLUTION 1990-80 Motion by Mrs. Benjamin, seconded by Mr. Hamilton, that Council adopt Resolution 1990-80 entitled, RESOLUTION OF THE TOWN OF LOS GATOS APPROVING THE ANNEXATION OF CERTAIN UNINHABITED TERRITORY DESIGNATED AS FOSTER ROAD #8, as described in attachments A and B of the agenda report. Carried by a vote of three ayes. Mr. Carlson and Mr. Ventura absent. HEARINGS LOS GATOS BLVD 16475 & 16485/LUCEY/CAHOON/APPEAL PC DENIAL/HEARING Mayor Ferrito stated that this was the time and place duly noted for public hearing to consider the appeal of a decision of the Planning Commission in denying a request to demolish all existing structures and to construct five new residential structures in the C-1 Zone. Architecture and Site Application S-89-67. Conditional Use Permit U-89-15. Property located at 16485 Los Gatos Boulevard. Property owner, Edward D. Lucey. Applicant, Glenn Cahoon, G & G Design. HEARINGS CONTINUED LOS GATOS BLVD CONT. The following people from the audience wished to address this issue: Glenn Cahoon, with G & G Design, spoke in favor of his proposal and noted the neighborhood support for single family homes in this site. Gil Mesa, 19525 Canon Dr., is very concerned about the change of zoning on his commercial lot and the resulting loss of lot size due to change in setback requirements. James L. Jones, 17151 Pine St., asked for clarification on the lot sizes for the homes. Planner, Don Ross explained that this would be a PD-Townhouse Development in RM Zoning. Jack Brown, 17035 Pine Ave., spoke in support of this project. Judith Walker, 17035 Pine Ave., reminisced about the Pine Ave. area since 1925 when it was first subdivided. Spoke in favor of the proposed project rather than higher density or greater commercial development on the lot in question. Laura Erikson, 17045 Pine Ave., submitted petition of twenty five names in support of the proposed project of five private homes rather than higher density or commercial and TC:D1:040290 requested Council's decision tonight. Mr. Cahoon, addressed the landscaping, stating that the rear and side yards would remain individual but that the interior core would be landscaped and maintained communally including a two year maintenance agreement. There was no one else who wished to address this issue. Motion by Mrs. Benjamin, seconded by Mr. Hamilton, to close the public hearing. Carried by a vote of three ayes. Mr. Carlson and Mr. Ventura absent. Motion by Mrs. Benjamin, seconded by Mr. Hamilton, to reverse the Planning Commission's decision and grant the appeal. In granting this project Mrs. Benjamin qualified the motion for the record as follows: During the General Plan Review of 1980, development of Los Gatos Blvd. was addressed, finding that some spot zoning had taken place during the 60's and 70's which should not continue. It was determined that if a commercial zone existed at the time the zone not be reversed but the area from Louise Van Meter School to downtown would remain residential and that Los Gatos Blvd would not be widened to four lanes past the school; In addressing the issue of affordable housing in the General Plan for this location did not take into consideration characteristics of the surrounding neighborhood; the traffic patterns; the fact that condensed housing already exists abundantly in this general area; that much larger lots should be looked at for truly affordable housing; and that greater density should be close to freeways; Family units are needed near a school for compatibility of family needs and accessibility to school facilities; smaller single occupancy units should be positioned near freeway corridor and transportation facilities. The motion includes that the 26 conditions recommended by the Development Review Committee be adopted as Council's Findings; that Mr. Attaway's recommendation for extra elevation and the landscaping needs as addressed by Council be made a part of this motion. Carried by a vote of three ayes. Mr. Carlson and Mr. Ventura absent. INTERGOVERNMENTAL COUNCIL/IGC/FUND PROPOSAL Motion by Mrs. Benjamin, seconded by Mr. Hamilton, that Council defer consideration of the additional $2,000 assessment for the IGC budget for the 1990-91 fiscal year until fourteen of the IGC CONTINUED other cities have approved this proposal, with the understanding that Council would like IGC to address the overlapping of agencies' agendas and the need to delineate separate functions so that we are not paying twice for the same activities. Carried by a vote of three ayes. Mr. Carlson and Mr. Ventura absent. LARK AVE 16775/YUKI FARMS/DERUS-BARKER/DEVELOPMENT OKA ROAD/YUKI FARMS/DERUS-BARKER/DEVELOPMENT Richard Derus, 246 Vista Del Monte, speaking for both projects, requested continuing these TC:D1:040290 items until May 7, 1990 at which time there would have been a General Plan Review and other determinations which would affect his location. Motion by Mrs. Benjamin, seconded by Mr. Hamilton, that determination on both projects be continued until May 7, 1990. Carried by a vote of three ayes. Mr. Carlson and Mr. Ventura absent. MINUTES OF MARCH 12, 1990 Motion by Mrs. Benjamin, seconded by Mr. Hamilton, to approve the minutes of March 12, 1990 as submitted. Carried by a vote of three ayes. Mr. Carlson and Mr. Ventura absent. MINUTES OF MARCH 19, 1990 Mrs. Benjamin requested that page 4, under Oka Road, Mike Meyer, reflect the comment that this area was appropriate for higher density zoning. Mayor Ferrito requested that page 4, under Oka Road, Comments from Council, have comment clarified to read, "One cannot have the transit without the density, and the density should not exist without provision for implementation of a transit system." Motion by Mrs. Benjamin, seconded by Mr. Hamilton, to approve the minutes of March 19, 1990 as amended. Carried by a vote of three ayes. Mr. Carlson and Mr. Ventura absent. MINUTES OF MARCH 26, 1990 Motion by Mrs. Benjamin, seconded by Mr. Hamilton, to approve the minutes of March 26, 1990 as submitted. Carried by a vote of three ayes. Mr. Carlson and Mr. Ventura absent. TREASURER'S REPORT/FEBRUARY 1990 Treasurer's report for February 1990 was received and filed. TAPES OF CLOSED SESSION/TOWN ATTORNEY CUSTODIAN/ORDINANCE INTRODUCTION Motion by Mrs. Benjamin, seconded by Mr. Hamilton, to waive the reading of the draft ordinance. Carried by a vote of three ayes. Mr. Carlson and Mr. Ventura absent. The Town Clerk read the title of the draft ordinance. Motion by Mrs. Benjamin, seconded by Mr. Hamilton, that Council introduce draft Ordinance entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING ARTICLE I OF CHAPTER 2 RELATING TO THE CUSTODY OF CLOSED SESSION TAPED MINUTES, TC:D1:040290 TAPES CONTINUED which provides that the Town Attorney retain custody of the tape recordings of closed session. Carried by a vote of three ayes. Mr. Carlson and Mr. Ventura absent. 8707 PROJECT/MAIN-PLEASANT-LOS GATOS BOULEVARD-LOMA ALTA/INTERSECTION REDESIGNS/TRAFFIC SIGNAL/PHASE I Steve Rice, 54 Alpine, is concerned about the hill and the light not being visible until the end of the turn. His request is to review some alternative ways of advance warning noticing the traffic signal. Motion by Mr. Hamilton, seconded by Mrs. Benjamin, that Council authorize staff to develop plans and specifications for Phase I of Project 8707, East Main/Pleasant signal after funding is reviewed in the development of the 1990-93 Capital Improvement budget. This motion to include safety signals alerting traffic as it comes down the hill and around the curve that there is a signaled intersection ahead, and design considerations of Alpine's exit must include safe left hand turn in order to access the downtown area. Carried by a vote of three ayes. Mr. Carlson and Mr. Ventura absent. ROUTE 85/INTERCHANGE AT BASCOM/SAN JOSE/AGREEMENT Motion by Mr. Hamilton, seconded by Mrs. Benjamin, that the Los Gatos Town Council approve a conceptual framework providing for an agreement with the City of San Jose for a full interchange at Bascom and Route 85. (Mr. Hamilton reaffirmed the unanimous support of Council for a full interchange at Bascom which has been expressed to Senator Morgan who is working with the Traffic Authority to see that the full interchange is funded and built at the same time.) Included in this motion are the following three conditions: 1) Widening Los Gatos Blvd. to six lanes between the freeway corridor and Lark Avenue prior to construction of a full Bascom interchange. (Mr. Hamilton stated that the raising of the 7.5 million to complete this project would be addressed by Council and various avenues for acquiring these funds and improving this area to traffic flow will be pursued.) (Mr. Ferrito readdressed the Council's signed agreement of over a year ago for a full Bascom. He explained that the widening of Los Gatos Blvd to six lanes, from Lark to the interchange, has always been in our capitol improvement program, and he questioned CALTRANS not yet agreeing to the widening of the Lark Ave bridge.) 2) Establishing a process for achieving consensus on the intensification of land use in the vicinity of the Bascom interchange. (Mr. Ferrito states that Council approves San Jose's willingness to listen to Los Gatos' concerns regarding development in San Joses' territory and feels that Los Gatos is more that willing to listen to San Jose's concerns regarding development in Los Gatos' jurisdiction.) 3) Preparation of a local traffic mitigation plan for the affected jurisdictions. (Mr. Ferrito feels this is San Jose's TC:D1:040290 issue and Los Gatos supports their efforts and will work with them in developing this plan.) Mrs. Benjamin clarified this motion by stating this is the document that Mr. Kempton, Executive Director of the Traffic Authority, has prepared. Carried by a vote of three ayes. Mr. Carlson and Mr. Ventura absent. LIBRARY/EXPENDITURES FOR PROPERTY ACQUISITION DEEDS OF TRUST/PROMISSORY NOTES/RESOLUTION 1990-81 Motion by Mrs. Benjamin, seconded by Mr. Hamilton, that Council make the finding that the proposed location for the library is in conformity with the General Plan and Downtown Specific Plan because the Civic Center is to be the primary location for Town Services, and that Council adopt Resolution 1990-81 entitled,RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING EXPENDITURE OF FUNDS FOR THE ACQUISITION OF PROPERTY FOR THE SITE OF A NEW TOWN LIBRARY, AUTHORIZING AMENDMENT TO THE PURCHASE AND SALE AGREEMENT AND AUTHORIZING THE MAYOR TO EXECUTE THE AMENDMENT TO PURCHASE AND SALE AGREEMENT AND RELATED DEEDS OF TRUST AND PROMISSORY NOTES. Carried by a vote of three ayes. Mr. Carlson and Mr. Ventura absent. LIBRARY/CERTIFICATES OF PARTICIPATION/PROPERTY ACQUISITION CONSTRUCTION FUNDS/ABAG POOLED FINANCING PROGRAM/CONTINUED Motion by Mrs. Benjamin, seconded by Mr. Hamilton, that the consideration of approval of resolution for the issuance of $5.1 million in Certificates of Participation for library and parking garage site acquisition and construction be deferred to such time as there is a full Council. Carried by a vote of three ayes. Mr. Carlson and Mr. Ventura absent. WATER QUALITY CONTROL BOARD/RESOLUTION 1990-82 NON-POINT SOURCE CONTROL PROGRAM/NPDES PERMIT Motion by Mrs. Benjamin, seconded by Mr. Hamilton, that Council adopt Resolution 1990-82 entitled, RESOLUTION OF THE TOWN OF LOS GATOS COMMITTING THE TOWN TO THE JOINT APPLICATION TO THE REGIONAL WATER QUALITY CONTROL BOARD OF THE SANTA CLARA VALLEY NON-POINT SOURCE CONTROL PROGRAM , which authorizes the Mayor to sign the agreement with the other fourteen agencies for the joint NPDES application to the Regional Water Quality Control Board. Further to direct staff to develop estimates of fiscal impact during the 1990-91 Capital Improvement Program and Operating Budgets for the following: A) The Town's participation in the area wide Non-Point Source Control Program. B) Upgrading the Town's own on-going maintenance program which could be credited towards the Town's fiscal obligation to the Joint Application. C) The Town's specific plan for its participation in the Non-Point Source Control Program/community TC:D1:040290 specific. Carried by a vote of three ayes. Mr. Carlson and Mr. Ventura absent. WATER PROHIBITIONS/MANDATORY REDUCTIONS/URGENCY ORDINANCE Motion by Mrs. Benjamin, seconded by Mr. Hamilton, that Council defer consideration of adoption of ordinance declaring the existence of a condition of drought and providing for mandatory reductions and specific prohibitions of water use until such time as there are a majority of Councilmembers in attendance. Carried by a vote of three ayes. Mr. Carlson and Mr. Ventura absent. COMMITTEE REPORTS Bob Hamilton reported on the League of California Cities, Revenue and Taxation Committee meeting and has brought back information regarding Fair Share which has been reviewed by the Manager and forwarded to the Treasurer for comment. Mr. Hamilton requested that Councilmembers also review the document. COUNCIL MEETINGS RESCHEDULED Motion by Mrs. Benjamin, seconded by Mr. Hamilton, to cancel the meeting of April 9, 1990 due to lack of a quorum and reagendize the earthquake items to April 17, 1990 and readvertize the earthquake hearing for April 23, 1990. Carried by a vote of three ayes. Mr. Carlson and Mr. Ventura absent. ADJOURNMENT Motion by Mr. Hamilton, seconded by Mrs. Benjamin, to adjourn the meeting at 9:40 p.m. Carried by a vote of three ayes. Mr. Carlson and Mr. Ventura absent. ATTEST: TC:D1:040290 Marian V. Cosgrove Town Clerk TC:D1:040290