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M 09-04-90TOWN OF LOS GATOS CALIFORNIA TOWN COUNCIL/PARKING AUTHORITY September 4, 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 7:35 p.m., Tuesday, September 4, 1990, in regular session. ROLL CALL Present:Joanne Benjamin, Eric D. Carlson, Robert L. Hamilton, Brent N. Ventura and Mayor Thomas J. Ferrito. Absent:None. PLEDGE OF ALLEGIANCE Given by all in attendance. INTRODUCTION Mayor Ferrito introduced David Knapp, Town Manager of Los Gatos, recently from Boulder, Colorado. The Mayor welcomed him to his new position. Manager Knapp responded with enthusiasm and pleasure at having the opportunity to work for the Town. COMMENDATION Mayor Ferrito commended Bob Beyer, Interim Town Manager, for his professionalism and dedication to service while he has been with the Town. Mr. Beyer expressed his appreciation at being able to work for the Town. 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(c) to discuss Institution of Litigation regarding Route 85. There is no report from that discussion. AIR CONDITIONING/BID AWARD/RESOLUTION 1990-178 Motion by Mr. Ventura, seconded by Mr. Carlson, that Council award bid for repair and maintenance of the Town's heating, ventilating and air conditioning equipment to the low bidder, Environmental Systems, Inc. and the net bid of $2,593.00 monthly, and that Council adopt Resolution 1990-178 entitled, RESOLUTION OF THE TOWN OF LOS GATOS TC:D1:MM090490 AUTHORIZING THE TOWN MANAGER TO ENTER INTO AGREEMENT WITH ENVIRONMENTAL SYSTEMS, INC. FOR THE REPAIR AND MAINTENANCE OF THE TOWN'S HEATING, VENTILATING AND AIR CONDITIONING EQUIPMENT. Carried unanimously. INTERIM TOWN MANAGER/COMMENDATION FOR SERVICE/RESOLUTION 1990-179 Motion by Mr. Ventura, seconded by Mrs. Benjamin, that Council adopt Resolution 1990- 179 entitled, RESOLUTION OF THE TOWN OF LOS GATOS COMMENDING ROBERT F. BEYER FOR HIS SERVICE TO THE TOWN AS INTERIM TOWN MANAGER. Carried unanimously. TC:D1:MM090490 September 4, 1990 Los Gatos, California SCHEDULE OF PUBLIC HEARINGS Informational report regarding currently scheduled public hearings was received and filed. PLANNING COMMISSION/PLANNING DEPARTMENT MONTHLY STATUS REPORT Informational report regarding activity of Planning Commission and Department was received and filed. COUNCIL CALENDAR OF MEETINGS Informational item presenting future Town Meetings for Council and other Town Boards and Commissions was received and filed. PAYROLL/RATIFICATION/AUGUST 24, 1990 Motion by Mr. Ventura, seconded by Mrs. Benjamin, for ratification of the accompanying check registers for payroll of August 5 to 18, 1990 in the amount of $213,129.52 paid on August 24, 1990. Carried unanimously. ACCOUNTS PAYABLE/RATIFICATION/AUGUST 1990 Motion by Mr. Ventura, seconded by Mrs. Benjamin, for ratification of accompanying check registers for accounts payable invoices in the amount of $353,606.65 paid on August 17 and 24, 1990. Carried unanimously. COMMENDATIONS/TOWN EMPLOYEES/YEARS OF SERVICE WILLIAM HAYES 20 YEARS RESOLUTION 1990-180 FRED CROSS 15 YEARS RESOLUTION 1990-181 ELEANOR HASTINGS 15 YEARS RESOLUTION 1990-182 RALPH OROZCO 15 YEARS RESOLUTION 1990-183 L. T. PANKEY 15 YEARS RESOLUTION 1990-184 JIM SCHOENBORN 15 YEARS RESOLUTION 1990-185 Motion by Mr. Ventura, seconded by Mrs. Benjamin, that Council adopt Resolutions 1990-180 through 1990-185 entitled, RESOLUTIONS OF THE TOWN OF LOS GATOS COMMENDING (THE ABOVE MENTIONED) FOR (AS ABOVE) YEARS OF SERVICE TO THE TOWN OF LOS GATOS. Carried unanimously. LOS GATOS ARTS WEEK '90/SEPTEMBER 23-29/RESOLUTION 1990-186 Motion by Mr. Ventura, seconded by Mrs. Benjamin, that Council adopt Resolution 1990- 186 entitled, RESOLUTION OF THE TOWN OF LOS GATOS DESIGNATING LOS GATOS ARTS WEEK '90. Carried unanimously. LIBRARY ADVISORY BOARD/LOS GATOS REPRESENTATIVE/SOUTH BAY COOPERATIVE Motion by Mr. Ventura, seconded by Mrs. Benjamin, that Council appoint Gwen Davis as TC:D1:MM090490 September 4, 1990 Los Gatos, California the Los Gatos representative to the South Bay Cooperative Library System Advisory Board, for a term to run from the present until June 30, 1992. Carried unanimously. CROSSWALK REMOVAL/BELWOOD GATEWAY/BLOSSOM HILL ROAD Informational item explaining the removal of crosswalk was received and filed. TC:D1:MM090490 September 4, 1990 Los Gatos, California NEW YORK AVE/QUITCLAIM DEEDS/MARIA'S BERRY FARM Motion by Mr. Ventura, seconded by Mrs. Benjamin, that Council approve the recordation of Quitclaim Deeds transferring title to property at the end of New York Avenue to the Town of Los Gatos. Carried unanimously. MANAGEMENT LETTER/ANNUAL AUDIT 1988-89 Informational item regarding the 1988-89 Audit presented for Council's information was received and filed. FORTUNE-TELLING/BUSINESS REGULATION/ORDINANCE 1837 Motion by Mr. Ventura, seconded by Mrs. Benjamin, that Council adopt Ordinance 1837 entitled, ORDINANCE OF THE TOWN OF LOS GATOS ENACTING ARTICLE V OF CHAPTER 4 OF THE TOWN CODE RELATING TO FORTUNE-TELLING, which was introduced at the Town Council meeting of August 20, 1990. Carried by a vote of 4 ayes. Mr. Hamilton voted no for reasons stated in previous record. HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974/AGREEMENT WITH SANTA CLARA COUNTY/RESOLUTION 1990-187 Motion by Mr. Ventura, seconded by Mrs. Benjamin, that Council adopt Resolution 1990- 187 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO ENTER INTO AGREEMENT WITH THE COUNTY OF SANTA CLARA ENTITLED, "JOINT EXERCISE OF POWERS AGREEMENT AND COOPERATION AGREEMENT TO UNDERTAKE OR TO ASSIST IN THE UNDERTAKING OF ESSENTIAL ACTIVITIES PURSUANT TO TITLE I OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974, AS AMENDED FOR FISCAL YEARS 1991-1993." Carried unanimously. YOUTH ADVISORY COMMISSION/FISCAL YEAR 1989-90 Informational report regarding the Youth Advisory Commission presented to Council annually received and filed. LYDIA MUZECK/RETIREMENT SEPTEMBER 7, 1990/RELEASE OF RETIREMENT FUNDS Motion by Mr. Ventura, seconded by Mrs. Benjamin, that Council authorize the release of retirement funds to retiree, Lydia Muzeck. Carried unanimously. LIBRARY PROJECT/BUILDING CONSULTANT CONTRACT/RESOLUTION 1990-188 Motion by Mr. Ventura, seconded by Mrs. Benjamin, that Council authorize the Town Manager to negotiate a contract with a library building consultant to develop a building program for the new library, and adopt Resolution 1990-188 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE NEGOTIATION OF AN AGREEMENT FOR LIBRARY BUILDING CONSULTANT SERVICES. Carried unanimously. TC:D1:MM090490 September 4, 1990 Los Gatos, California VERBAL COMMUNICATIONS Mark Mander, 56 Villa, submitted letter and information to Council regarding the library relocation plan. CHARTER OAKS/ABANDONMENT OF OPEN SPACE AGREEMENT Motion by Mrs. Benjamin, seconded by Mr. Carlson, to continue this item to a date to be determined. Carried unanimously. TC:D1:MM090490 September 4, 1990 Los Gatos, California HEARINGS OKA ROAD 14855/JEWISH COMMUNITY CENTER/APPEAL PC DENIAL/HEARING Mayor Ferrito stated that this was the time and place duly noted for public hearing to consider an appeal of Planning Commission's denial of request to construct and operate expanded facilities including a health and fitness building and additional parking spaces on property in the R-1:8000 Zone. Conditional Use Permit Application U-83-21C and Architecture and Site Application S-85-23B. Property: 14855 Oka Road. Owner/Appellant: Jewish Community Center. Agent: Marvin Bamburg. Town Attorney, Mary Jo Levinger, stated that a letter had been received from the Fair Political Practices Commission indicating that there is no conflict of interest for Mrs. Benjamin, Mr. Ventura or Mr. Ferrito to participate in this matter. Marvin Bamburg, architect for the project, representing the Jewish Community Center, spoke in favor of the project and mentioned the many social benefits this project would provide for the Town. A letter to this effect was mentioned as a desk item. Bob Hudson, JCC President, spoke of the Traffic impact on Lark and the alternative access routes at Lark or Winchester and mentioning that traffic mitigation fees would remain the same. Motion by Mrs. Benjamin, seconded by Mr. Ventura, to close the public hearing. Carried unanimously. Motion by Mrs. Benjamin, seconded by Mr. Ventura, to approve this project making the finding that the Planning Commission had erred because this project is of considerable community benefit and service and a nursing home was recently so considered within the 1/4 mile corridor of Route 85. This motion to include Parks, Forestry and Maintenance review of landscape plan for additional landscaping for screening purposes on the west and north property line. Carried by a vote of 3 ayes. Mr. Hamilton voted no due to the seeming conflict of interest caused by three council members' trip to Israel as guests of the Jewish Federation. Mr. Carlson voted no due to the fact that Lark Ave is one of the most congested traffic lanes in Town and Council had turned down a project in which no additional traffic impact would have ensued, and the Swim and Racquet Club has been denied its applications because of various intensifications which are no different than the social benefits derived by JCC activities, and in the interest of fairness and consistency this project should be delayed until Route 85 is worked out. Motion by Mrs. Benjamin, seconded by Mr. Ventura, that Council make the required findings that the benefits of the project outweigh the traffic impact. Carried with a vote of 4 TC:D1:MM090490 September 4, 1990 Los Gatos, California ayes. Mr. Hamilton voted no. Motion by Mrs. Ventura, seconded by Mr. Benjamin, that Council make required findings to Section 5:20.210 of the Zoning Ordinance for granting a Conditional Use Permit in that this project's use of the property is essential and desirable to the public convenience and welfare and the proposed use will not impair the integrity and character of the zone and the proposed use will not be detrimental to the public health, safety or general welfare, and the uses proposed are in harmony with the elements and objectives of the general plan and zoning ordinance. Carried by a vote of 3 ayes. Mr. Carlson and Mr. Hamilton opposed. TC:D1:MM090490 September 4, 1990 Los Gatos, California HEARINGS CONTINUED JEWISH COMMUNITY CENTER CONT. Motion by Mrs. Benjamin, seconded by Mr. Ventura, that Council approve the applications subject to the conditions listed in Exhibit 13 of the staff report, and including the previously referenced additional landscaping. Carried by a vote of 3 ayes. Mr. Hamilton and Mr. Carlson opposed. Mayor Ferrito found that Planning Commission made error of decision on the following items: traffic policy due to new information not available to them at the time; misinterpretation of Council's actions and determinations by assuming no modification or phasing of a use; no General Plan Amendment or rezoning was required for this proposed use and Council knew about the phases that were being proposed by the Jewish Community Center when they were initially encouraged to locate in Town. UNIVERSITY AVENUE 255/CAROLYN GIVENS/APPEAL PC DENIAL/HEARING Mayor Ferrito stated that this was the time and place duly noted for public hearing to consider an appeal of a denial by the Planning Commission to reconstruct an existing residence, construct an addition to the first floor and construct a second floor to a residence in the R-1D:LHP Zone, S-89-83. Property: 255 University Avenue. Property Owner: Carolyn Givens. The following people wished to address this issue: Aaron Katz, P.O. Box 116, Saratoga, spoke in favor of his project and asked for more specific direction in order to satisfy the development standards that are at the moment being used. Has worked with the Historical Committee, Planning Department and neighborhood. Jerome Garcia, 251 University Ave., is opposed to the addition of the second floor, would like the character of neighborhood to remain unchanged. There was no one else who wished to speak on the issue. Motion by Mr. Carlson, seconded by Mrs. Benjamin, to close the puiblic hearing. Carried unanimously. Motion by Mr. Carlson, seconded by Mrs. Benjamin, to deny the appeal having seen no evidence that the Planning Commission had erred in law or policy and that on site parking remains an issue. Carried by a vote of 3 ayes. Mr. Hamilton voted no finding that the Commission erred had changed their reasons for disapproval on different occassions. Mr. Ventura voted no feeling that the applicant should be given the opportunity to redesign with off street parking and preservation of the trees. Mayor Ferrito appointed Mr. Ventura to a sub-committee of one to work on rewriting the TC:D1:MM090490 September 4, 1990 Los Gatos, California development standards. The next study session will include the following items: the garage issue; second stories; Historic Preservation guidelines; and the Development Standards. FORTUNE TELLING/MOTION PICTURE/TELEVISION/FEE SCHEDULE RESOLUTION 1990-189/HEARING Mayor Ferrito stated that this was the time and place duly noted for public hearing to consider the adoption of resolution establishing a schedule of fees for police department services for TC:D1:MM090490 September 4, 1990 Los Gatos, California HEARINGS CONTINUED FORTUNE TELLING CONT. motion picture, television and commercial still photography, and fortune-telling, and rescinding resolution Number 1990-62. There was no one from the audience who wished to address this issue. Motion by Mr. Carlson, seconded by Mrs. Benjamin, to close the public hearing. Carried unanimously. Motion by Mr. Carlson, seconded by Mrs. Benjamin, that Council adopt Resolution 1990- 189 entitled, RESOLUTION OF THE TOWN OF LOS GATOS ESTABLISHING A SCHEDULE OF FEES FOR CERTAIN POLICE DEPARTMENT SERVICES AND RESCINDING RESOLUTION NO. 1990-62. Carried unanimously. COUNCIL RECESS Mayor Ferrito called a short recess at 9:15 p.m. Meeting called back to order at 9:35 p.m. SHADY VIEW LANE 16578/MESERVE/APPEAL Consideration of appeal of Planning Commission decision to deny an appeal of a decision of the Planning Director in approving a request for a second-story addition to an existing single- family residence in the R-1:8000 Zone, second-story addition application X-90-28. Property located at 16578 Shady View Lane. Applicant Edward and June Meserve. Appellants: John and Sharron Mittelstet, Milton McLeod, Alan Tanenbaum. Motion by Mr. Ventura, seconded by Mr. Hamilton, that Council adopt the agreement as reflected by the Tanenbaum letter as part of the conditions of approval. Carried unanimously. Motion by Mr. Ventura, seconded by Mr. Carlson, that Council allow the second story addition but eliminate the plans for the deck. Carried by a vote of 3 ayes. Mr. Hamilton voted no stating that the foliage and fencing offered sufficient screening for privacy. Mr. Ferrito voted no for similar reasons. Motion by Mrs. Benjamin, seconded by Mr. Ventura, to allow a storage area which was proposed by the Meserves and accepted by the appellants which is subject to review by staff. Carried unanimously. Motion by Mr. Carlson, seconded by Mr. Ventura, to grant the Tanenbaum's appeal so as TC:D1:MM090490 September 4, 1990 Los Gatos, California to be consistent with the Tanenbaum letter, and grant the Meserve-Mittelstet's appeal insofar as Council has modified the Planning Commission decision. Carried unanimously. BUS LAYOVER RELOCATION/ALTERNATIVE SITES Discussion was held and Mayor Ferrito will work on a meeting with Susie Wilson first and secondly with the Transit Authority. Mr. Carlson suggested ways of improving the location at the post office and Greyhound Station such as safer driveways, warning signs, stop lights, parking areas, and also the advisability of finding an alternative sight for the bus layover outside of the TC:D1:MM090490 September 4, 1990 Los Gatos, California BUS LAYOVER CONT. downtown area. Mention was also made of the need to have the Town facilities available to the bus drivers so they are not using the private businesses. Personal behavior of certain bus drivers was also discussed. There is to be a sunset clause of six months in the agreement with the Transportation Agency for the layover location at 110 East Main to be moved. LYNDON AVE 16/STORM DRAIN EASEMENT Motion by Mr. Ventura, seconded by Mr. Carlson, that Council accept the storm drainage easement from Jeffrey and Roz Hicks and authorize the Town Engineer to execute the attached Certificate of Acceptance, and to remove the condition to upgrade and/or repair the existing concrete culvert on this site. Carried unanimously. 8717B PROJECT/SERVICE CENTER OFFICE BUILDING Mr. Ellmore, representing Higgins and Root Architects, explained the difference in cost for a prefab modular building done to customized specifications versus a conventionally built building designed before construction work begins. The costs were very similar due to the customization. Motion by Mr. Ventura, seconded by Mrs. Benjamin, that Council approve the use of conventional construction and direct the architect, Higgins and Root Ellmore Titus, to proceed with the development of plans and specifications for construction of the new Service Center Building, Project 8717B, and at the time bids are received for this project Council can determine whether to proceed with the project in terms of the Town's financial situation. Carried by a vote of 4 ayes. Mr. Carlson opposed, stating that Council should determine whether to commit to this project at this time or to defer the project for a period of time and proceed with a repair program for the service center. RED CROSS/AGREEMENT/EARTHQUAKE RELIEF/RESOLUTION 1990-190 Motion by Mr. Carlson, seconded by Mrs. Benjamin, that Council adopt Resolution 1990- 190 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE ADOPTION OF AN AGREEMENT WITH THE AMERICAN NATIONAL RED CROSS FOR DISASTER RELIEF. Carried unanimously. CABLEVISION/SOUTH BAY CABLE/SERVICE COMPLAINTS Bill Haggerty, General Manager of South Bay Cable, 2700 Scott Blvd., Santa Clara, is looking into complaints, and has visited the Meadows but the ownership of this facility is uninterested. Mr. Ventura suggested a mail survey of the Meadows to see if there was sufficient interest before pursuing ownership cooperation. Mr. Haggerty proceeded to mention the many improvements his company has implemented in the eight months the new TC:D1:MM090490 September 4, 1990 Los Gatos, California company has been in place. Mr. Carlson requested that South Bay Cable supply the Town with their records addressing the resolutions of specific complaints that the Town has received from citizens. Mr. Haggerty will supply the answers and a report will come to Council on these issues by September 17. Consensus motion to continue this item to September 17, 1990. KNOWLES DRIVE/LEASE-PURCHASE OF PROPERTY Motion by Mr. Ventura, seconded by Mr. Carlson, that Council authorize the Town Manager to negotiate with the County of Santa Clara to lease or purchase the property located at Knowles Drive in partnership with a non-profit agency, and appoint two Council members to a Project TC:D1:MM090490 September 4, 1990 Los Gatos, California KNOWLES DRIVE CONT. Development Committee in order to review the applications of the non-profits which have been submitted to the Town and make a selection of one non-profit which will partner with the Town as applicants to the County in order to work together until application can be made for state funding. Carried unanimously. MINUTES OF JULY 16, 1990 Mrs. Benjamin requested correction on page 11 under Congestion Management, that the Council ratification of nomination of "Mayor Ferrito" be changed to John Ashworth, of Campbell. Mayor Ferrito requested corrections on page 7 under Shannon Road Cont., requesting that "Mayor Ferrito states that the meeting was closed an hour and a half ago." read as "Mayor Ferrito states that the hearing was closed an hour and a half ago.", and that "Mayor Ferrito asks if public hearing is closed and states that everyone is of the opinion that it has been closed." read as "Mayor Ferrito asks if the public hearing had been closed and states that everyone on staff is of the opinion that it had been closed." Motion by Mrs. Benjamin, seconded by Mr. Carlson, to approve the minutes of July 16, 1990 as amended. Carried unanimously. MINUTES OF AUGUST 6, 1990 Mayor Ferrito asked for clarification of page 5 under Parking District. The word "clarified" be changed to explained so as to read "Mayor Ferrito explained the appropriateness of himself and Mr. Hamilton voting on this procedural matter in the absence of other Council members in order to avoid the economic impacts of delay." Motion by Mr. Ventura, seconded by Mr. Hamilton, that the minutes of August 6, 1990 be approved as amended. Carried by a vote of 3 ayes. Mr. Carlson and Mrs. Benjamin abstained. MINUTES OF AUGUST 20, 1990 Mr. Carlson requested that "than" be corrected to then on page 5 under Route 85, second Motion by Mr. Carlson, to read "If neither alternates are feasible then mitigating measures for Oka underpass will be discussed." Motion by Mr. Carlson, seconded by Mrs. Benjamin, to approve the Minutes of August 20, 1990 as amended. Carried unanimously. TREASURER'S REPORT TC:D1:MM090490 September 4, 1990 Los Gatos, California Informational report submitted by the Treasurer to the Council for the month of July 1990, received and filed. 8805 PROJECT/PARKING LOT 4/REMEDIATION PLAN/DRAFT RESOLUTION Motion by Mr. Carlson, seconded by Mr. Ventura, that Council direct the Town Manager to negotiate an agreement with the selected consultant, Applied Geo Systems of San Jose, to provide services in the preparation, processing, and monitoring of a remediation plan for the treatment of hazardous waste on Lot no 4, Project 8805. The negotiated contract to be brought to Council September 17, 1990 for approval. Carried unanimously. TC:D1:MM090490 September 4, 1990 Los Gatos, California LIBRARY PROJECT/ARCHITECT SELECTION Motion by Mr. Carlson, seconded by Mr. Ventura, that Council authorize the Town Manager to negotiate an agreement with Spencer Associates for architectural services for the library project. Carried unanimously. BUILDING INSPECTION/SUPPLEMENTAL BUDGET REQUEST Motion by Mrs. Benjamin, seconded by Mr. Ventura, that Council approve funding and organizational changes in the Building Department in order to meet increased work loads as described in staff report. Carried unanimously. Mayor Ferrito left the room and requested Vice-Mayor Ventura continue meeting. LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE/COUNCIL DELEGATES Motion by Mr. Carlson, seconded by Mr. Ventura, that the Council member to first make the decision to attend the conference be the delegate and any other council person attending be the alternate. Carried unanimously. COLLEGE AVENUE TRESTLE By Council Consensus the decision to dismantle the trestle and salvage the timbers and hardware for future use will be continued to September 17, 1990. Mayor Ferrito returned to continue the meeting. ACCOUNTS RECEIVABLE/COLLECTION AGENCY/PAST DUE ACCOUNTS Mayor Ferrito suggested that staff review the possibility of having an additional staff employee follow up on the outstanding accounts receivable. By Council Consensus report to return to Council September 17, 1990. ADJOURNMENT Mayor Ferrito adjourned this evening's meeting at 10:50 p.m. ATTEST: TC:D1:MM090490 September 4, 1990 Los Gatos, California Marian V. Cosgrove Town Clerk TC:D1:MM090490