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M 12-01-86TOWN OF LOS GATOS CALIFORNIA TOWN COUNCIL/PARKING AUTHORITY AGENDA DECEMBER 1, 1986 TOWN COUNCIL The Town Council/Parking Authority met in a joint meeting in the Council Chambers of the Town Hall at 7:45 p.m., in regular session. ROLL CALL PRESENT:Joanne Benjamin, Eric D. Carlson, Thomas J. Ferrito Brent N. Ventura and Mayor Terrence J. Daily . ABSENT:None. PLEDGE OF ALLEGIANCE Given by all in attendance. CERTIFICATION OF ELECTION RESULTS It was noted the Town Clerk received certification of November 4, 1986 election results from the registrar of Voters on November 25, 1986 and had prepared the appropriate Resolution for Council consideration. Mr. Carlson moved for adoption of resolution No. 1986-176 entitled, A RESOLUTION DECLARING THE RESULTS OF THE GENERAL MUNICIPAL ELECTION HELD NOVEMBER 4, 1986. Mr. Ventura seconded. Carried unanimously. OATH OF OFFICE NEWLY ELECTED COUNCIL MEMBERS Town Clerk, Rose E. Aldag gave the oath of office to newly elected Council member Robert L. Hamilton and reelected Council members Joanne Benjamin and Thomas J. Ferrito. Each member to serve a four year term of office. ELECTION OF MAYOR Mr. Ferrito moved Vice-Mayor Brent N.Ventura be appointed Mayor. Mrs. Benjamin seconded. Carried by vote of four ayes. Mr. Ventura abstained. ELECTION OF VICE-MAYOR Mrs. Benjamin moved Eric D. Carlson be appointed as Vice-Mayor. Mr. Ferrito seconded. Carried by vote of four ayes. Mr. Carlson abstained. CLOSED SESSION REPORT Town attorney, Mary Jo Levinger, reported that Council had met in closed session prior to tonight's meeting and pursuant to Government Code section 54956.9 (a) Council discussed pending litigation of (1) Town of Los Gatos v Los Gatos Athletic Club case has been settled and there will be a press release tomorrow morning, December 2, 1986. (2) Town of Los Gatos v Friesen (Ferrari) -- nothing to report from this discussion. (3) Sybil M. Titus v Town of Los Gatos -- there was authorization for outside Counsel, in that matter, not to exceed $5,000.00. Pursuant to Government Code Section 54956.9 (b) there was discussion on the claim of Ken Schaitberger, whereby it was determined that there was significant exposure to litigation but nothing to report at this time. BID AWARD 2 ALL TERRAIN VEHICLES It was noted only one bid was received and specifications had been sent to three different vendors. After some discussion Mr. Carlson moved to accept staff recommendation and award the bid for two (2) new 1987 Yamaha Model YFM350ER All Terrain Vehicles to Grand Prix, based on their bid of $5,598.00 plus $391.86 tax, for a total of $5,989.86. Mrs. Benjamin seconded. Carried by vote of four ayes. Mayor Ventura voting no, due to having received only one bid. NOVEMBER 21, 1986 PAYROLL AND PAYROLL RELATED WARRANTS Mr. Carlson moved for approval of the November 21, 1986 payroll in the amount of $127,113.23 and payroll related warrants in the amount of $118,793.14 and one special warrant to KCAT in the amount of $6,837.20. Mrs. Benjamin seconded. Carried unanimously. COMMUNICATIONS (referral/file) a. Letter from Tanya White re sound barrier on Highway 17. Mr. Carlson moved to refer said letter to Town Manager for response. Mrs. Benjamin seconded. Carried unanimously. SCHEDULE OF PUBLIC HEARINGS Information for Council on hearings scheduled for future meetings. COUNTY REFERRALS Mr. Carlson moved to accept staff recommendation on the following: 2988-31-54-86P Los Gatos Blvd. LIM Use Permit for Boarding Home Report from County giving applicant options - one of which is to withdraw their application, annex to the Town, and process any future land use approvals through the Town of Los Gatos. PLANNING DEPT. & PLANNING COMMISSION REPORT Informational report for Council. Mr. Bowman, Planning Director, answered questions of Mr. Hamilton, giving him some background information and explained report as presented. SECONDARY DWELLING UNIT STATUS REPORT Informational report for Council on status report re secondary units. NOTICE OF COMPLETIONS Mr. Carlson moved for approval of Notice of Completion and Certificate of Acceptance for the following: Tract 7458 - Short Road - Bagley. Project 8602 (Project 316 - Blossom Hill Road Safety Improvements - Contractor -N. Houge. Mrs. Benjamin seconded. Carried unanimously. PARKING COMPLAINT LILAC LANE Mr. Carlson moved to accept staff recommendation and letter be sent to General Telephone advising them of the problem and they be further advised if the problem is not corrected by a specific date, a public hearing will be set to consider the revocation of previous approvals. Mrs. Benjamin seconded. Carried unanimously. STOP SIGNS AT KNOWLES & CAPRI Discussion was held at to whether Mr. Natoli had been notified regarding installation of stop signs. Mr. Ferrito moved to continue this item to December 15, 1986 and Mr. Natoli be notified and sent the staff report. Mr. Carlson seconded. Carried unanimously. SHANNON RD. TRAFFIC SAFETY IMPROVEMENTS Discussion was held on the safety improvements on Shannon Road. Speaking on this issue was Mrs. Connie McClish. After further discussion Mr. Carlson moved to continue this for two weeks to allow staff and Council to meet with the residents in the area. Mr. Ferrito seconded. Carried unanimously. DONATION TO ARTS COMMISSION Mr. Carlson moved to accept the contribution from PG&E and approve allocation of funds donated to the Arts Commission to a cultural exchange project. Mrs. Benjamin seconded. Carried unanimously. MAINTENANCE OF SCHOOL ATHLETIC FIELD Mr. Carlson moved to authorize staff to continue discussions with Los Gatos Union School District athletic fields and bring back a recommendation during the 1987-88 budget consideration. Mrs. Benjamin seconded. Carried unanimously. ABAG LIABILITY POOL INSURANCE Mr. Carlson moved to direct staff to closely monitor claims, to insure that Town's interests/concerns are met including maintaining involvement in ABAG Liability Pool Claims Committee. Mrs. Benjamin seconded. Carried unanimously. APPROVAL OF NOV. 17, 1986 MINUTES Mr. Ventura requested correction of typo on Page 1, to read the "30th Annual Children's Christmas Parade" and page 5 - subject TRAFFIC SIGNAL AT KING'S COURT SHOPPING CENTER - include as part of the record at the end of the motion to include "that the signal will be tied in with the traffic study that will be conducted pursuant to the Terraces project". Mr. Ferrito and Mrs. Benjamin accepted said addition. Mr. Ferrito moved for approval of minutes as corrected. Mrs. Benjamin seconded. Carried unanimously. COMMUNICATIONS (for action) Letter received from Lainey Richardson, 115 Wilder Avenue, requesting an extension to allow for the completion of Housing Code deficiencies for a Secondary Dwelling Unit. Mrs. Richardson spoke on the issue giving her reasons for the request. After some discussion Mr. Ferrito moved to continue this item until after discussion of the general item which will be held at public hearing on January 5, 1987. Mrs. Benjamin seconded. Carried unanimously. TREASURER'S REPORT Mayor Ventura stated Council was in receipt of the Treasurer's report for the month of October, 1986. APPEAL RE HANDICAPPED ACCESSIBILITY 6 N. SANTA CRUZ Mayor Ventura stated this was the time and place duly noted for continue public hearing to consider an appeal of the Town of Los Gatos Building Officials decision concerning Handicapped Access Requirement for the proposed remodel of a retail store located at 6 N. Santa Cruz Avenue. Building Official A. Watson answered questions of Council on said project. There being no one in audience wishing to speak on the issue, Mr. Ferrito moved public hearing be closed. Mrs. Benjamin seconded. Carried unanimously. It was noted that Mr. Hamilton had listen to tapes of previous meeting when this was heard and it eligible to vote on said issue. Mrs. Benjamin moved to grant the portion of the appeal regarding the requirement for a level landing at front door with findings that compliance to the standard creates an unreasonable hardship and that equivalent facilitation is provided by the installation of an automatic door-opening device. Mr. Carlson seconded. Carried unanimously. Town Attorney to prepare appropriate Resolution and present for Council consideration at the next meeting. APPEAL - 400 BLOSSOM HILL RD. (HIGGINS) Mayor Ventura stated this was the time and place duly noted for continued public hearing to consider the appeal of the Town Council's decision in the placing of a condition on the approval of construction of an additional building at 400 Blossom Hill Road by limiting the number of staff allowed in the buildings. Mr. Higgins, appellant, spoke to Council, stating it was his error when he first gave them approximately the number of employees that would be working in said buildings. The total number of employees should be 100 and not 50 as quoted before. Discussion was held on parking spaces required for increase of employees. Planning Director Bowman and Engineer Zapf, answered questions of Council re intersection impacts, peak trips and parking. Mr. Higgins stated that if number of employees is not increase then it is not feasible to build the additional building. He feels he has compromised in reducing the size of the new building. There being no one else in the audience wishing to speak on this issue, Mr. Carlson moved public hearing be closed. Mrs. Benjamin seconded. Carried unanimously. Mr. Carlson moved to modify the plans and Council allow a maximum of 60 staff members and add 7 additional parking spaces for the project. Mrs. Benjamin seconded. Motion fails with Mr. Ferrito, Mr. Hamilton and Mr. Ventura voting no. Mr. Hamilton moved Council modify the Resolution and allow 52 employees. Mr. Ventura seconded. Carried by vote of three ayes. Mr. Ferrito and Mr. Hamilton voting no. Mr. Ferrito wished the record to reflect that he voted no as he does not see where Planning erred and Council should not change the number of employees without any foundation. Town Attorney directed to prepare appropriate Resolution and present for Council consideration at the next meeting. GENERAL PLAN AMENDMENT & ZONE CHANGE 30 BROADWAY Mayor Ventura stated this was the time and place duly published for public hearing to consider General Plan Amendment GP-86-2 and amendment to the Downtown Specific Plan of the General Plan to change the plan designation from Office Professional to Low Density Residential and Zone Change Application Z- 86-5; a change of zone from O-LHP to R-1D-LHP for a single lot located at 30 Broadway. There being no one in the audience wishing to speak on this issue, Mr. Ferrito moved public hearing be closed. Mr. Carlson seconded. Carried unanimously. Mrs. Benjamin moved to make the negative declaration. Mr. Ferrito seconded. Carried unanimously. Mrs. Benjamin moved to make finding that General Plan Amendment is internally consistent with the Downtown Specific Plan and General Plan. Mr. Ferrito seconded. Carried unanimously. Mrs. Benjamin moved for adoption of resolution No. 1986-177 entitled, A RESOLUTION OF THE TOWN OF THE TOWN OF LOS GATOS CONCERNING AN AMENDMENT TO THE DOWNTOWN SPECIFIC LAND USE PLAN. Mr. Ferrito seconded. Carried unanimously. Mrs. Benjamin moved to make finding that Zone Change Z-85-5 is consistent with the Downtown Specific Plan and General Plan. Mr. Ferrito seconded. Carried unanimously. Mrs. Benjamin moved reading be waived for AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING ZONING ORDINANCE EFFECTING ZONE CHANGE NO. _____ FROM O-LHP TO R-1D-LHP. Mr. Ferrito seconded. Carried unanimously. Town Clerk read title of Ordinance. Mrs. Benjamin moved for introduction of the Ordinance. Mr. Ferrito seconded. Carried unanimously. GENERAL PLAN AMENDMENT ALBERTO WAY TRIP ALLOCATION Mayor Ventura stated this was the time and place duly noted for public hearing to consider General Plan Amendment GP-86-2; the consideration of an amendment to the General Plan concerning the traffic trip allocation for the Alberto Way Basin. Gene Coyner, from Los Gatos Commons, questioned the impact of this amendment to the Commons. Planning Director Bowman answered questions of Mr. Coyner and Council. Mr. Ventura stated he would be abstaining on voting on this issue, due to his office being within said Basin area. There being no one else from the audience wishing to speak on this issue. Mrs. Benjamin moved public hearing be closed. Mr. Ferrito seconded. Carried by vote of four ayes. Mr. Ventura abstained. Mr. Ferrito moved to make negative declaration. Mrs. Benjamin seconded. Carried by vote of four ayes. Mr. Ventura abstained. Mr. Ferrito moved to make finding that General Plan Amendment GP-86-5 is internally consistent with the General Plan. Mrs. Benjamin seconded. Carried by vote of four ayes. Mr. Ventura abstained. Mr. Ferrito moved for adoption of Resolution No. 1986-178 entitled, A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS CONCERNING AN AMENDMENT TO THE LAND USE ELEMENT OF THE GENERAL PLAN. Mrs. Benjamin seconded. Carried by vote of four ayes. Mr. Ventura abstained. GENERAL PLAN AMENDMENT RE CONVALESCENT HOSPITALS Mayor Ventura stated this was the time and place duly published for public hearing to consider General Plan amendment GP-86-5, and amendment to the General Plan to allow existing convalescent hospitals to continue to operate in Residential zones. Speaking on the issue was Brad Baugh, representing the owner of the Convalescent Hospital located at 14970 Terreno de Flores (Beverly Manor). He stated this hospital has been operating for approximately 25 years and wishes to continue said operation, therefor he requests Council to adopt proposed resolution and Ordinance pertaining to the operation of convalescent hospitals in residential zone. There being no one else in the audience wishing to speak on this issue, Mr. Carlson moved public hearing be closed. Mrs. Benjamin seconded. Carried unanimously. Discussion was held on the wording of the Resolution and wished it clarified so their would be no mistake in interpreting the meaning. By consensus motion Council requested that section 2.59 Existing Clubs, Lodges, Etc: read "Existing clubs, lodges, halls, fraternal organizations and convalescent hospitals located in residential zone shall be able to obtain Conditional Use Permits in order to remain and any applications for an existing facility must demonstrate that they do not impair the integrity of the zone". Mr. Carlson moved to make the negative declaration. Mrs. Benjamin seconded. Carried unanimously. Mr. Carlson moved to make finding that General Plan Amendment GP-86-5 is internally consistent with the General Plan. Mrs. Benjamin seconded. Carried unanimously. Mr. Carlson moved for adoption of Resolution No. 1986-179 as amended above entitled, A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AMENDING THE LAND USE ELEMENT OF THE GENERAL PLAN. Mrs. Benjamin seconded. Carried unanimously. ZONE CHANGE RE CONVALESCENT HOSPITALS IN R-1 ZONE Mr.Carlson made finding that zoning Ordinance Amendment A-86-6 is consistent with the General Plan. Mrs. Benjamin seconded. Carried unanimously. Mr. Carlson moved to waive reading for AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONING ORDINANCE TO PERMIT CONVALESCENT HOSPITALS IN THE R-1 ZONE UPON THE ISSUANCE OF A CONDITIONAL USE PERMIT. Mrs. Benjamin seconded. Carried unanimously. Town Clerk red title of Ordinance. Mr. Carlson moved for introduction of the Ordinance. Mr. Ferrito seconded. Carried unanimously. APPEAL - 3-LOT SUBDIVISION 15313 WINCHESTER Mayor Ventura stated this was the time and place duly published to consider an appeal of Planning Commission's approval of subdivision application M-85-15A for a 3-lot subdivision in the R-1:8000 zone. Property located at 15313 Winchester Boulevard. Mayor Ventura stated there was a request for continuance for this hearing. Mr. Suvada, appellant agreed to the continuance. Mrs. Benjamin moved to grant request and continue this hearing to December 15, 1986. Mr. Ferrito seconded. Carried unanimously. VERBAL COMMUNICATION Speaking from the audience was Dan Sylvester, Fire Captain of the Central Fire District stated he wished to offer his support, time and energy to help the Town in getting back the old fire bell that Mr. Kinyon is offering to donate to the Town. ORDINANCE AMENDMENT DEFINING SENIOR CITIZEN Mr. Ferrito moved for adoption of Ordinance No. 1694 entitled, AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE DEFINITION OF SENIOR CITIZEN. Mr. Carlson seconded. Carried unanimously. ORDINANCE AMENDMENT FOR PROPERTY NICHOLSON & WILDER Mr. Ferrito moved for adoption of Ordinance No. 1695 entitled, AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING ORDINANCE 1513 WHICH AMENDED THE ZONING ORDINANCE EFFECTING ZONE CHANGE NO. 52 FROM RM-5-20-R-LHP TO R-1D-LHP. (re Senior citizen definition for property at 221, 223, 225 & 227 Nicholson Avenue). Mr. Carlson seconded. Carried unanimously. ORDINANCE AMENDMENT FOR PROPERTY (ALBERTO WAY) LOS GATOS COMMONS Mr. Carlson moved for adoption of Ordinance No. 1696 entitled AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING ORDINANCE 1279 WHICH AMENDED THE ZONING ORDINANCE EFFECTING ZONE CHANGE 147 FROM R-1-:40,000 AND R-M:5-12 TO R-M:5-12-PD. (Defining Senior Citizen at Los Gatos Commons). Mr. Hamilton seconded. Carried unanimously. Mr. Carlson moved to make findings that the adoption of this Ordinance constitutes the permission of the Town of Los Gatos for the Los Gatos Commons to amend their Conditions, Covenants nd Restrictions (CCR's). Mr. Hamilton seconded. Carried unanimously. ORDINANCE AMENDMENT FOR THE PRESBYTERIAN HOMES re SENIOR CITIZENS DEFINITION Mr. Carlson moved for adoption of Ordinance No. 1697 entitled, AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING ORDINANCE 1067 WHICH AMENDED THE ZONING ORDINANCE EFFECTING ZONE CHANGE NO. 51 FROM R-1:8000 to R-1:8000-PD (Defining senior citizens in the Presbyterian Homes. Mr. Ferrito seconded. Carried unanimously. ORDINANCE AMENDMENT FOR VILLA VASONA RE SENIOR CITIZENS DEFINITION Mr. Carlson moved for adoption of Ordinance No. 1698 entitled, AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING ORDINANCE 1572 WHICH AMENDED THE ZONING ORDINANCE EFFECTING ZONE CHANGE NO. 52 FROM O AND RM-:5-12 TO R-1:8000-PD. (Defining Senior citizens in Villa Vasona 612 W. Parr avenue). Mr. Hamilton seconded. Carried unanimously. URGENCY INTERIM ZONING ORDINANCE RE SETBACKS IN CBD COMMERCIAL ZONE Mrs. Benjamin moved to make finding that the ordinance amendment is necessary to protect the public safety, health and welfare. Mr. Carlson seconded. Carried unanimously. Mrs. Benjamin moved to waive the reading for URGENCY INTERIM ZONING ORDINANCE AMENDING THE LOS GATOS ZONING ORDINANCE REGARDING THE REQUIRED FRONT YARD AND THE REQUIRED SIDE YARD ABUTTING A STREET IN THE CENTRAL BUSINESS DISTRICT COMMERCIAL ZONE. Mr. Carlson seconded. Carried unanimously. Town Clerk read title of Ordinance. Mr. Benjamin moved Ordinance be introduced. M. Carlson seconded. Carried unanimously. Mrs. Benjamin moved for adoption of Ordinance No. 1699 entitled, URGENCY INTERIM ZONING ORDINANCE AMENDING THE LOS GATOS ZONING ORDINANCE REGARDING THE REQUIRED FRONT YARD AND THE REQUIRED SIDE YARD ABUTTING A STREET IN THE CENTRAL BUSINESS DISTRICT COMMERCIAL ZONE. Mr. Carlson seconded. Carried unanimously. Mrs. Benjamin moved to direct Town Clerk to set a public hearing on January 5, 1987 to extend the ordinance. CDBG FUNDS Mr. Carlson moved to approve the following actions with regard to transfer and allocation of Community Development Block Grant funds: 1.Transfer of Contingency funds totaling $10,000 to Housing Conservation Program - Administration: $10,000 from (LG 86-71) to Rehab. Admin (86-52) 2.Allocation of deferred funds to the Town's Housing Conservation Program. $28,575 in "Deferred funds" to Housing Conservation Program (LG 86-51) Mrs. Benjamin seconded. Carried unanimously. HANDICAPPED ACCESSIBILITY PROCEDURE REVIEW Discussion was held re revising policy for interpretation relating to handicapped access for existing building. After discussion Mr. Carlson moved to modify Town policy for determining unreasonable hardship that the Building Official may consider and approve requests for unreasonable hardship for projects where construction costs do not exceed $30,000 and the cost to comply with handicapped accessibility standards exceeds 20% of the construction costs. Building Official approval is subject to approval, on the consent calendar, by Council. Mr. Hamilton seconded. Carried unanimously. 87-88 FUNDING OF COMMUNITY SERVICES PROGRAM Discussion was held on this issue whereby Town Manager answered questions of Council. After said discussion Mrs. Benjamin moved Council approve a single funding cycle for allocation of Community Development Block Grant (CDBG) and Town "Community service" Funds; that Council approve the attached application for funding of community programs, including the proposed schedule, and authorize publication of an appropriate request for proposal. Mr. Ferrito seconded. Carried unanimously. ADJOURNMENT Mrs. Benjamin moved meeting be adjourned at 9:40 p.m. Mr. Ferrito seconded. Carried unanimously. ATTEST: Rose E. Aldag Town Clerk