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M 09-03-96TOWN OF LOS GATOS CALIFORNIA TOWN COUNCIL/PARKING AUTHORITY September 3, 1996 Minutes TOWN COUNCIL The Town Council/Parking Authority of the Town of Los Gatos met in the Council Chambers of the Town Hall, 110 East Main Street, at 6:04 p.m., Tuesday, September 3, 1996, in regular session. ROLL CALL Present:Joanne Benjamin (arrived at 6:13 p.m.), Steven Blanton, Linda Lubeck, Patrick O'Laughlin and Mayor Randy Attaway. Absent:None. PLEDGE OF ALLEGIANCE Given by all in attendance. ACCOUNTS PAYABLE/RATIFICATION/AUGUST 1996 (01.V) Motion by Mr. Blanton, seconded by Mr. O'Laughlin, that Council ratify the accompanying check registers for accounts payable invoices paid on August 2, August 9, August 16 and August 23, 1996 in the amount of $1,042,068.20. Carried by a vote of 4 ayes. Mrs. Benjamin absent. PAYROLL RATIFICATION/AUGUST 1996 (02.V) Motion by Mr. Blanton, seconded by Mr. O'Laughlin, that Council ratify the check register for the payroll of July 28 through August 10, 1996 paid on August 16, 1996 in the amount of $289,178.20. Carried by a vote of 4 ayes. Mrs. Benjamin absent. MINUTES OF AUGUST 5, 1996 (03.V) Motion by Mr. Blanton, seconded by Mr. O'Laughlin, that Council approve the Minutes of August 5, 1996 as submitted. Carried by a vote of 4 ayes. Mrs. Benjamin absent. PARK PATROLS/ASSESSMENT/IN LIEU OF PARK RANGERS (04.24) Motion by Mr. Blanton, seconded by Mr. O'Laughlin, that Council accept report assessing impact of park patrols since the reduction in the Park Ranger Program. Carried by a vote of 4 ayes. Mrs. Benjamin absent. HEARINGS WINCHESTER BOULEVARD 14731/RESIDENTIAL SUBDIVISION/APPEAL (07.09) Mayor Attaway stated that this was the time and place duly noted for public hearing to consider an appeal of a Planning Commission decision to approve a 10 lot detached single family subdivision and the demolition of one single family residence and one secondary dwelling unit on 3.67 acres in the R- 1:12,000 Zone. Project Application PRJ-96-36. Negative Declaration Application ND-96-4. Property Location: 14731 Winchester Boulevard. Property Owner: John Pierini. Applicant: TC:D8:MM090396 Civitaf Corp. Appellant: Malcolm Mosher, Jr. TC:D8:MM090396 September 3, 1996 Los Gatos, California WINCHESTER BOULEVARD 14731/RESIDENTIAL SUBDIVISION/APPEAL/CONT. The following people from the audience spoke to this issue: Ed Daou, 1441 Clara Street, applicant for the project, explained the goals of the project, and the thought involved in considering the needs of the adjacent neighborhoods. He explained the mitigation for the corridor of views from certain lots. He spoke of the Wimbledon Estates agreement with the greenbelt landscaping, and he noted the mitigation measures to compensate for the perceived safety issues associated with the increased traffic flow. In his closing comments he noted a letter from the Wimbledon Association submitted to Council and other signatures in support which were also submitted; the considerations for driveway ingress and egress; and the slope of the proposed lots. Malcolm Mosher, Jr., 14651 Golf Links Drive, expressed concern regarding traffic issues existing and increasing on Wimbledon. He noted the road is a main commuter route especially since the opening of Route 85 which has realigned traffic on Pollard. He addressed these issues in the vain of safety concerns for the neighborhood and the community at large. Deborah Daly, 14650 Golf Links Drive, spoke of the traffic on this road, the need to keep the openness of the orchard property and the desirability of finding another location for the ingress and egress from that property. James E. Terrell, 14700 Golf Links Drive, believes his view will be ruined by the project and asked that Wimbledon be widened for safety reasons. Nogah Bethlahmy, 14668 Golf Links Drive, spoke in favor of the project and noted that during the past thirty years the neighbors have been very welcoming to new residents in the area even when their open space and views have been eliminated. He approves the project and asks other residents do the same. Carl D. Gronlund, 115 Elena Way, in support of the project and the development of an old, untended orchard. Ruth Price, 14540 Clearview Drive, walks in this neighborhood and does not find the street unsafe. She is pleased that the old quonset hut will be demolished and looks forward to the new development. Roger Dunbar, 14600 Golf Links Drive, spoke of the EIR and the lack of consideration given the additional traffic on Wimbledon caused by the opening of Highway 85. John McDondald, 112 Strathmore Place, spoke of the speeding on Wimbledon and the safety concerns. He asked for consideration for widening the street. Judy P. Fried, 112 Newell Avenue, basically approves the project. Ashraf Hosseinian, 17260 Nalor Court, supported the proposal and would like to see new homes rather than a field of weeds. Ginger McDonald, 112 Strathmore Place, is concerned about excessive traffic on this narrow street, she feels that the Town needs to consider safety issues for pedestrians and motorists traveling on this street. Richard Petersen, 109 Strathmore Place, asked if the greenbelt area would have to be forfeit for a wider street. Tim Short, 14645 Golf Links Drive, approves six or seven homes and believes that will beautify the neighborhood John B. Estill, 17273 Clearview Drive, approves the project and thinks the new homes will be an asset to the neighborhood. He is against widening but thinks the Town should look for alternatives for slowing down the through traffic. Guy S. LaMar, 14561 Winchester Blvd., cares for the preservation of the ranch or a limited number of homes on the property. TC:D8:MM090396 September 3, 1996 Los Gatos, California WINCHESTER BOULEVARD 14731/RESIDENTIAL SUBDIVISION/APPEAL/CONT. Speakers continued: Nita Marmouget, 117 Strathmore Place, prefers smaller homes and does not want to see larger homes on larger lots. She prefers to keep the size of the home in harmony with the existing homes and neighborhoods. Sal Campagna, 14731 Winchester Boulevard, having lived on the property for twenty four years spoke to the fact that there have been no other developers attempting to build on this property during these years. No one else from the audience addressed this issue. Motion by Mrs. Benjamin, that Council close the public hearing. Motion withdrawn. Motion by Mr. Blanton, seconded by Mr. O'Laughlin, that Council continue this item, with the proposal of ten lots, and ask staff to review and consider such traffic safety improvements as the Planning Director may deem reasonable and necessary without destroying the proposed greenbelt area. (Council Discussion: Mr. O'Laughlin noted: the proposed project is good; the density is consistent with the surrounding neighborhoods; he shares the concerns regarding traffic and safety; asks that a traffic engineer look at the traffic issues in this area and give advice; noted that views and style will be addressed at the Site and Architecture Committee. Mrs. Lubeck agreed with Mr. O'Laughlin's comments and stated: the subdivision as it stands is the correct density; the proposal is in keeping with the surrounding neighborhoods; the lot sizes correspond with neighboring lots; the driveway is in the right location; there are traffic issues which should be reviewed. Mrs. Benjamin agreed that: safety is an issue; the road is too narrow; the road was built to service the townhouse development; she is concerned about the he number of lots on the hillside; she thinks eight or nine lots is a more appropriate number; the size of the home and the footprint are important on the hillside slope. Mayor Attaway also voiced concern about the slope and thought eight lots a more appropriate number.) Carried by a vote of 3 ayes. Mrs. Benjamin and Mr. Attaway voted no for reasons noted in the Council comments. Motion by Mrs. Lubeck, seconded by Mr. O'Laughlin, that Council allow the demolition of the of the house because it will not fit in with the proposed new homes; it is not an historical building; it is not of significant architectural influence. Staff will return with report and findings regarding the demolition. Carried unanimously. Motion by Mr. Blanton, seconded by Mr. O'Laughlin, that this public hearing be continued to October 7, 1996 at 7:30 p.m. for staff to return with a report on traffic control in that area and a resolution on the findings for demolition. Carried unanimously. TC:D8:MM090396 September 3, 1996 Los Gatos, California HEARINGS CONTINUED BLOSSOM HILL ROAD 14975/GREENBRIAR COMPANY/TENTATIVE MAP/HEARING (08.09) Mayor Attaway stated that this was the time and place duly noted for public hearing to consider an appeal of a Planning Commission decision to approve a tentative map for an eight lot subdivision of a 2.61 acre parcel in the R-1:10,000 Zone. Project Application PRJ-96-42. Negative Declaration Application ND-96-7. Property located at 14975 Blossom Hill Road. Property Owner: Desi M. Moreno and Bertha Moreno. Applicant: Greenbrier Land Company. Appellant: Jim Iwashita. The following people from the audience spoke to this issue: Patrick Costanzo Jr., 4340 Stevens Creek Boulevard, Ste.240, San Jose, representing Greenbriar Land Company, spoke regarding the proposed development and the present standards met by the company and the fact that they did not ask for any variances. They will widen Blossom Hill Road, provide a right hand turn lane on to Union, widen Union Avenue along the frontage of the project, will install surface drainage along Union Avenue, and align the directional flow of surface water from Blossom Hill. The company had a traffic safety study performed at the proposed intersection which found it did not create any unsafe conditions either from a safety standpoint or from a level of service standpoint. Jim Iwashita, 15928 Union Avenue, appellant, spoke of the easement to Panorama Way required of him in 1977 if he was to develop his property. He asked why this easement was not required at this time of this developer, and he also asked if all the safety issues involving ingress and egress had been addressed regarding this current proposal. Gary Murray, 15975 Union Avenue, addressed safety concerns at the intersection, especially since the opening of Highway 85. He spoke of speed rounding the corner, and the sight hazard when the sound walls are installed. Roger Hill, 14911 Blossom Hill Road, approves the project and thought the proposed development will enhance the neighborhood and eliminate the empty lot of weeds and fire hazard. Orville Buesing, 15892 Union Avenue, had several specific concerns: safety and traffic issues; safer ingress and egress; drainage problems addressed; need for another catch basin for the 2nd bubbler (engineering department will look into this item); grading as it impacts the neighbors property; thought right hand turn lane caused more speed and additional safety issues (staff suggested that the project could take back its easement). Thomas P. Mangano, 112 Panorama Way, asked what the size of the drainage pipes would be; asked for the sidewalks to be installed for children walking to school; and was concerned about the two story homes. No one else from the audience spoke. Motion by Mrs. Lubeck, seconded by Mr. Blanton, that Council close the public hearing. Carried unanimously. Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council deny the appeal by upholding the Planning Commission decision to approve Project Application PRJ-96-42 for an eight lot single family subdivision, incorporating the Planning Commission's findings as the Council's and including the conditions of approval in Attachment #5 of the staff report. This approval granted with the understanding of the community benefiting from the sidewalks, road widening, drainage improvements and right hand turn lane from Blossom Hill Road. Carried unanimously. TC:D8:MM090396 September 3, 1996 Los Gatos, California HEARINGS CONTINUED SUPPLEMENTAL LOCAL LAW ENFORCEMENT FUNDS/POLICE OFFICER/SCCSET SANTA CLARA COUNTY SPECIAL ENFORCEMENT TEAM/RESOLUTION 1996-109 (09A.09) Mayor Attaway stated that this was the time and place duly noted for public hearing to consider use of Supplemental Local Law Enforcement Funds to hire one full-time police officer to be assigned to the Santa Clara County Special Enforcement Team. Larry Todd, Los Gatos Police Chief, explained that the SCCSET Program focuses on and deals with the source of the criminal problem regardless of where that source operates from within the county. Identifying and eliminating the source results in directly decreasing the criminal activities that source was responsible for in our community. This regional program allows each municipality to become more effective in reducing crime within its own jurisdiction. The following people from the audience spoke to this issue: Agent Ron Brooks, Bureau of Narcotics Enforcement, 2025 Gateway Place, San Jose, Commander of the SCCSET Program, Special Agent Supervisor with the Attorney General's Bureau of Narcotic Enforcement, gave a background review of narcotics control in Santa Clara County since 1971. Kathie Friedland, Community Against Substance Abuse (CASA), spoke in favor of this proposal in support of protecting the students in our schools and community. Sharon Woo, 70 West Hedding, Santa Clara County District Attorney's Office, (Representing George Kennedy's), committed to the SCCSET Program in controlling narcotics and crime in Santa Clara County communities. Craig Heimbichner, 20 High School Court, High School Assistant Principal, expressed a deep concern for the crime and drugs which are affecting the students at Los Gatos High. He asked for Council assistance with this problem in our schools and community. He spoke of direct contact with outside crime elements on the High School campus and requested help in dealing with this problem and alleviating its pressure on campus. Tim Morgan, Los Gatos Police Department Officer, speaking for the Los Gatos Police Officer's Association, spoke of his personal experience working with this unit, and the need for Los Gatos to have area wide agency support and resources when dealing with this type of criminal element. Cullen Hewitt, Fisher Middle School Principal, 245 Alexander Ave., spoke of this program as assistive in making this a better community in which to live. Chief Charles Arolla, Santa Clara Police Department, 1541 Civic Center Drive, spoke in support of the SCCSET Program. Ted Romero, 108 North Santa Cruz Ave., spoke in support of all the previous speakers' thoughts on the SCCSET Program. No one else from the audience addressed this issue. Motion by Mrs. Benjamin, seconded by Mr. Blanton, to close the public hearing. Carried unanimously. Motion by Mr. Blanton, seconded by Mr. O'Laughlin, that Council adopt Resolution 1996-109 entitled, RESOLUTION OF THE TOWN OF LOS GATOS IMPLEMENTING THE CITIZENS OPTION FOR PUBLIC SAFETY PROGRAM OF 1996 AND AUTHORIZING THE USE OF SUPPLEMENTAL LOCAL LAW ENFORCEMENT FUNDS TO HIRE ONE FULL-TIME POLICE OFFICER TO BE ASSIGNED TO (SCCSET). Carried by a vote of 3 ayes. Mrs. Lubeck and Mr. Attaway voted no due to budgetary concerns and desire for more public input. TC:D8:MM090396 September 3, 1996 Los Gatos, California HEARINGS CONTINUED SUPPLEMENTAL LOCAL LAW ENFORCEMENT FUNDS/MOU/CONTINUED HEARING SANTA CLARA COUNTY SPECIAL ENFORCEMENT TEAM/RESOLUTION 1996-110 (09B.09) Mayor Attaway stated that this was the time and place duly noted for public hearing to consider use of Supplemental Local Law Enforcement Funds and authorizing the Chief of Police to execute the SCCSET Memorandum of Understanding. Motion by Mr. Blanton, seconded by Mr. O'Laughlin, that Council adopt Resolution 1996-110 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE CHIEF OF POLICE TO EXECUTE THE SANTA CLARA COUNTY SPECIALIZED ENFORCEMENT TEAM (SCCSET) MEMORANDUM OF UNDERSTANDING. Carried by a vote of 3 ayes. Mrs. Lubeck and Mr. Attaway voted no for reasons stated in previous record. Motion by Mr. Blanton, seconded by Mr. O'Laughlin, that Council establish a Special Revenue Fund to meet the requirements of the Supplemental Law Enforcement Services Legislation. Carried unanimously. HICKS ROAD/LOS GATOS CHRISTIAN CHURCH/APPEAL (06.09) Mayor Attaway stated that this was the time and place duly noted to consider an appeal of Planning Commission Decision denying an application request for approval of a conditional use permit amendment to increase the maximum allowable enrollment from 540 to 770 students and for an approximately 17,500 square foot youth recreational facility/gym, and an Architecture and Site Application for the construction of a middle school facilities consisting of eight (8) temporary, one- story classrooms, an office facility for the school, a restroom structure and one (1) outdoor bleacher for a maximum of 200 seats for daytime use on property in the HR-1 Zone. Project Application PRJ- 96-6. Property Location: 16845 Hicks Road. Property Owner: Los Gatos Christian Church. Appellant: Dale R. Evans. The following people from the audience spoke to this issue: Michael Burke, 16769 Hicks Road, made a full presentation in answer to the staff report and previous record, and made a request of Council for a motion for reconsideration. (Mr. Anderson, Town Attorney, explained that Mr. Burke's comments will be part of the record and that the written materials that Mr. Burke chooses to submit to Council tonight will also become part of the record.) (His information was received by Council with the comments that this agenda item may be continued for two weeks, to September 16, 1996, to give Council and Town Attorney, ample time to study Mr. Burke's submittals.) Norman Burke, 16767 Hicks Road, opposes the project and noted that at one time the church published a figure of 14,000 attendees in one weekend. Elizabeth Wemen, 14915 Shannon Road, spoke of light industry zoning previously in this location and was in favor of the school at this location. Bruce Entin, 160 Sierra Azule, spoke in opposition to the expansion due to traffic conditions on Hicks Road. Priscilla Albright, 14550 Shannon Road, was very concerned about the traffic on Hicks and especially since there will night activities associated with the new school and gym. She emphasized the fire hazards in the area, teenagers smoking on the property, the speed with which a fire can spread and the difficulty in fire equipment reaching the property with the congested traffic conditions associated with the expanded church facilities. TC:D8:MM090396 September 3, 1996 Los Gatos, California HICKS ROAD/LOS GATOS CHRISTIAN CHURCH/APPEAL/CONTINUED (06.09) Speakers Continued: Lynn Kennedy, Burke Road resident, made a presentation to Council and asked that the community benefits of this project be clarified. She explained the difficulty of ingress and egress between Burke Road and Hicks during church activities. Richard Kennedy, 5611 Le Fevre Drive, San Jose, Senior Pastor of Los Gatos Christian Church, will be out of the country on September 16, 1996. He would appreciate the opportunity to be present at the next meeting. (Mrs. Benjamin noted that there were three directions Council could take the next time this item is on the agenda: 1) Council could adopt the resolution as it is presented, 2) Council could hold a re- hearing so that everyone can be notified and everyone can have the opportunity for input; 3) Council can reconsider and not hold a public hearing and reverse or change its decision. Dale Evans, 505 San Benito Avenue, made comments regarding the EIR, noting the noise study, fire hazard mitigation elements of the project. He asked if he should readdress the traffic issue and the legal implications. (Mrs. Lubeck requested that Council receive the complete packet report from August 5, 1996 and September 3, 1996 for study and consideration this weekend. She would like to review the information before the October 7, 1996 meeting.) No one else from the audience addressed this issue at this time. Motion by Mrs. Lubeck, seconded by Mrs. Benjamin, that Council continue this item to October 7, 1996. Carried unanimously. PAST MIDNIGHT Motion by Mr. Blanton, seconded by Mrs. Lubeck, to extend the meeting past midnight. Carried unanimously. PROJECT 9611/TRAFFIC LIGHT/BLOSSOM HILL & UNION/RESOLUTION 1996-111 (10A.35) Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council adopt Resolution 1996-111 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AMENDING 1996-2001 CAPITAL IMPROVEMENT PROGRAM TRANSFERRING $100,000 FROM AB1600 FUND AND TRAFFIC MITIGATION FUND BALANCE FOR PROJECT 9611 - SIGNAL LIGHT IMPROVEMENTS AT BLOSSOM HILL ROAD AND UNION AVENUE. Carried unanimously. PROJECT 9612/UNDERGROUNDING/BLOSSOM HILL-UNION/RESOLUTION 1996-112 (10B.35) Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council adopt Resolution 1996-112 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AMENDING 1996-2001 CAPITAL IMPROVEMENT PROGRAM ADDING PROJECT 9612 - BLOSSOM HILL ROAD AND UNION AVENUE UTILITY UNDERGROUNDING. Carried unanimously. TC:D8:MM090396 September 3, 1996 Los Gatos, California STREET RESURFACING PROGRAM/PROJECT 9616/RESOLUTION 1996-113 (05.35) Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, that Council adopt Resolution 1996-113 entitled, RESOLUTION OF THE TOWN OF LOS GATOS APPROVING PLANS AND SPECIFICATIONS FOR PROJECT 9616 STREET RESURFACING PROGRAM CAPE SEAL. Carried unanimously. ADJOURNMENT Motion by Mrs. Lubeck, seconded by Mrs. Benjamin, that this evening's meeting be adjourned at 12:44 a.m., and that Closed Session be continued to September 16, 1996, to be held in the Town Manager's Office at 6:00 p.m. Carried unanimously. ATTEST: Marian V. Cosgrove Town Clerk TC:D8:MM090396