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M 03-17-86TOWN OF LOS GATOS CALIFORNIA TOWN COUNCIL/PARKING AUTHORITY AGENDA MARCH 17, 1986 TOWN COUNCIL The Town Council/Parking authority met in a joint meeting in the Council Chambers of the Town Hall at 7:55 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. PRESENTATION TREE CITY U.S.A. Mayor Daily received Tree City U.S.A. award from Steve Hollard, a representative from the State Forester's Office and Frank Jelinch, member of Los Gatos Park Commission. This award is for outstanding achievement regarding the tree preservation program. CLOSED SESSION REPORT The Town Attorney, Mary Jo Levinger, reported Council had met in Closed Session prior to tonight's Council meeting. Pursuant to Government Code section 54956.9(a) Vlamis vs Town of Los Gatos was discussed and there is nothing to report. Pursuant to Government Code section 54956.9(b) Hasterlik claim was discussed and Council determined there was significant exposure to litigation and authorized payment of said claim in the amount of $805.49. Pursuant to Government Code section 54956.9(c) Council discussed institution of litigation on Zoning Ordinance violations and there is nothing to report. Council also discussed acquisition of property at 20 Grays Lane to be negotiated with Charles Kilian. There is nothing to report at this time. EX-AGENDA ITEMS The Town Manager reported that item 18 will be deleted as it is a duplication of item 32. Add item 37a, a review of E. Main and Pleasant street intersection. COMMUNICATIONS (referral/file) a.Letter from Judy M. Mortenson requesting Highway 9/Massol Avenue pedestrian improvements. Suggesting a signal at said intersection or a crossing guard at the peak hours to assist school children in crossing this intersection. Mr. Daily referred to petition signed by 65 persons regarding these improvements. Mrs.Benjamin moved to refer this correspondence to the Town Manager for report. Mayor Daily requested that a copy of the petition be included with report. Mr. Carlson seconded. Carried unanimously. b.Letter from edgar LaVeque concerning modification of Ordinance 3.50.050 and requesting clarification of Town's position on non-conforming properties. Mrs. Benjamin moved to refer this letter to the Town Manager for report. Mr.Carlson seconded. Carried unanimously. c.Letter from Rolf M. Bondelie regarding the closing of So. Kennedy Road. Mrs. Benjamin moved to refer this letter to the Town Manager for report. Mr. Carlson seconded. Carried unanimously. d.Letter from Ruth and Going, Inc. regarding the realignment of Samaritan Drive. Mrs. Benjamin moved to refer this letter to the Town Manager for report. Mr. Carlson seconded. Carried unanimously. e.Letter from Timothy Kemp of the Los Gatos Bicycle Racing Club regarding their Twelfth Annual Cat's Hill Classic Bicycle Race to be held Sunday, May 4, 1986. Mrs. Benjamin moved to refer this request to the Town Manager for report. r. Carlson seconded. Carried unanimously ADOPTION OF ORDINANCE AMEND ING CHAPTER 4.40 & 5.20 OF THE ZONING ORDINANCE Mrs. Benjamin moved for adoption of Ordinance No. 1680 entitled, AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING CHAPTERS 4.40 AND 5.20 OF THE TOWN ZONING ORDINANCE RELATING TO RESIDENTIAL CONVERSIONS. Mr. Carlson seconded. Carried unanimously. CLAIM- TAE YOUNG MIN & KY JUNG MIN Mrs. Benjamin moved to accept staff recommendation and deny the claim of Tae Young Min and Ky Jung Min because the subject intersection was not within the jurisdiction of the Town. Mr. Carlson seconded. Carried unanimously. COUNTY REFERRALS Mrs. Benjamin moved to accept staff recommendation as follows: 2795-27-51-86P-86A-86DR South side of Oak Knoll Rd. GTE Mobilnet Use Permit & Architecture and Site approval and Design Review. Ask County to include the following conditions: 1) The applicant shall submit a landscaping plan showing additional screening to the south and east of the proposed antenna, satisfactory to the Town Planning Director and the Director of Parks, Forestry and Maintenance Services; 2) the landscaping plan shall include a drip irrigation system; 3) the applicant shall provide a two-year maintenance agreement to cover the landscaping; 4) if the antenna is visible after it is erected, the applicant shall provide additional landscaping to screen the antenna to the extent possible to do so; 5) the color of the antenna shall be to the satisfaction of the Town Planning Director. 2695-26-44-85LA 20400 Kent way Cerrito/Goodwin Re-submittal lot line adjustment no comment. Mr. Carlson seconded. Carried unanimously. SCHEDULE OF PUBLIC HEARINGS Council informational report showing the upcoming scheduled public hearings. GRANTING APPEAL 3-LOT SUBDIV. IN THE R-1:8000 ZONE (15313 WINCHESTER BLVD) Discussion was held on wording of Resolution and Mrs. Benjamin moved for the deletion of 2a and 2e under Council findings. Mr. Ferrito seconded. Mr. Carlson stated he was opposed. Mr. Suvada stated the neighbors were unanimous with street tree issue and wanted the land developed under R-1:8000 zone requirements. Mrs. Fanelli representing the developers spoke on her letter requesting reconsideration and clarification. Mrs. Fanelli stated she wished the record to show that the motion put before the Council at the meeting of March 3, 1986, indicated that Planning had not considered the street width of 36 ft. vs 30 ft. vs preservation of the trees. These things were carefully considered. Mrs. Fanelli also wished the record to show that neighbors are not opposed to the 3- lot subdivision. Further discussion was held whereby Mrs. Benjamin restated her motion and amended said Resolution at the suggestion of Mr. Ferrito to have under the finding 2(a), to read, "A maximum of three homes on the parcel may be acceptable"; and 2(e) to read, "A planned development application for a maximum of three dwellings may be appropriate."; and adopt Resolution No. 1986-34 entitled, RESOLUTION GRANTING APPEAL OF PLANNING COMMISSION APPROVAL OF A 3-LOT SUBDIVISION IN THE R-1:8000 ZONE, DENYING THE MAP AND DIRECTING THE APPLICANT TO FILE A PLANNED DEVELOPMENT APPLICATION. Mr. Ferrito seconded. Carried by a vote of four ayes. Mr. Carlson voted no. NOTICE OF COMPLETION PROJECT 268 Mrs. Benjamin moved to approve the Notice of Completion and Certificate of Acceptance for Project 268 - Electroliers on University Avenue; authorize the Mayor to execute said Notice and the Clerk to record. Mr. Carlson seconded. Carried unanimously. PARKING COMMISSION ACTIVITY REPORT Council informational report. SIGNAL - LARK AVE. & HWY 17 (FEELEY) Information for Council regarding letter from Mr. Feeley on traffic problems at the intersection of Lark Avenue and Highway 17. Informed Mr. Feeley this is under the Jurisdiction of the State. STORM DRAIN FEES TRACT 7595 (KIMMEY) Mrs. Benjamin moved to accept staff recommendation and defer consideration of the request that payment of storm drainage fees to the City of San Jose be credited towards storm drainage fees paid to the Town of Los gatos until a storm drainage study, currently underway by the City of San Jose staff, is reviewed by the Town of Los Gatos staff. Mr. Carlson seconded. Carried unanimously. ESTABLISHING NO PARKING SUNDAYS ON N. SANTA CRUZ AVE. Mrs. Benjamin moved for adoption of Resolution No. 1986-35 entitled, PARKING RESTRICTION - NORTH SANTA CRUZ AVENUE. (This prohibits parking between the hours of 2:00 p.m. and 7:00 p.m., on Sundays and holidays along both sides of N. Santa Cruz Avenue between W. Main Street and Bachman Avenue). Mr.Carlson seconded. Carried unanimously. Police Chief Acosta reported on the resolution and answered questions of Council and will request a letter from the Chamber of Commerce regarding their approval of said resolution as adopted. SUPPLEMENTAL APPROPRIATION SANTA CLARA CO. LABORATORY SERVICES Mrs. Benjamin moved for approval of supplemental appropriation from the General Fund Appropriated Reserve in the amount of $3,231.00 for services provided by the Santa Clara County Laboratory of Criminalistics. Mr. Carlson seconded. Carried unanimously. HILLSIDE COMMITTEE REPORT. Council informational report. MING QUONG STRAWBERRY FESTIVAL Mrs. Benjamin moved to grant approval of Ming quong Children's Society request to use the Civic Center and Neighborhood Center facilities for the 26th Annual Strawberry Festival, June 7th & 8th, 1986, subject to staff recommendation as follows: a.The Ming g g Quong Children's Society representatives meet with Parks and Police Departments staff to coordinate the event. b.Ming Quong Children's Society reimburse the Town of Los Gatos for maintenance and security services rendered; and c The Ming Quong Children's Society will provide the Town of Los Gatos with special event insurance coverage in the amount of one million dollars. The Town will be named as additionally insured and the Town will also be provided with a hold harmless agreement. Mr. Carlson seconded. Carried unanimously. CHAMBER OF COMMERCE SIDEWALK SALES Mrs. Benjamin moved to grant the Chamber's request to hold their sidewalk sales on April 4, 5, and 6th (or rain dates of 11, 12, and 13); May 30, 31 and June 1; July 18, 19, 20, and October 17, 18 and 19 subject to the following conditions: a.The use of the Town Plaza shall be coordinated with the Police and Parks Departments. b.There will be no sale or consumption of alcoholic beverages; and c.Amplified music shall not exceed the noise tolerance levels of the noise ordinance. Mr. Carlson seconded. Carried unanimously. EARTHQUAKE PREPAREDNESS Dennis Church, representing Roanoke Services, spoke on the issue and answered questions of Council regarding distribution of letter and answered questions of Council regarding distribution of letter and contents of the packet. After further discussion, Mrs. Benjamin moved Council approve the letter drafted by Scientific service Inc. Roanoke, for inclusion in a workbook to be distributed in the community and authorize the Mayor and Council members to sign said letter. Mr. Carlson seconded. Carried unanimously. Mr. Ventura stated that Council had authorized a study to analyze all bridges in Town regarding earthquake and Seismic safety and it has never been received. Mr. Ventura requested the report from the Engineering staff by the next meeting stating when Council would be receiving said analysis. FINANCIAL STATUS REPORT FEBRUARY Mrs. Benjamin moved to accept the February Financial Status report. Mr. Carlson seconded. Carried unanimously. Mayor Daily asked for clearer explanation of some of the financial status on some of the departments. MINUTES MARCH 3, 1986 Corrections were made on page 7, subject Route 85. Mr. Ferrito voted no for the same reason as Mr. Daily. Also under 30 Broadway Appeal, Mr. Daily voted no for same reason as expressed by Mrs. Benjamin. Correct the spelling of John Lien's name and on page 4, subject - Weed abatement. Clerk to give the town Engineer's statement on safety procedures taken in removal of weeds. Mrs. Benjamin moved minutes be approved as corrected. Mr. Carlson seconded. Carried unanimously. COMMUNICATIONS (for action) a.Letter from West Heights Christian Church requesting use of the Town Plaza for an outdoor concert on March 28, 1986. Discussion was held regarding distribution of literature and what Town has done regarding request from other religious groups. After further discussion, Mr. Ferrito moved approval of request subject to conditions as has been set forth for any other groups. Mr. Ventura seconded. Carried unanimously. PAYROLL RELATED WARRANTS - MARCH 14, 1986 Mrs. Benjamin moved for approval of March 14, 1986 payroll related warrants in the amount of $112,544.63. Mr. Ventura seconded. Carried unanimously. PAYROLL MARCH 14, 1986 Mrs. Benjamin moved for approval of March 14, 1986 payroll in the amount of $131,684.21. Mr. Ventura seconded. Carried unanimously. APPEAL CERTIFICATE OF COMPLIANCE 17101 LOS ROBLES WAY Mayor Daily stated this was the time and place duly noted for continued public hearing to consider the appeal of Planning Commission's denial of request for approval of Certificate of Compliance on two lots located in the R-1:20,000 Zone. Mrs. Benjamin moved to continue this hearing to April 21, 1986 to allow Parks Commission to review this at their meeting of April 1, 1986. Mr. Ferrito seconded. Carried unanimously. APPEAL SECONDARY DWELLING UNIT 17321 WEDGEWOOD AVENUE Mayor Daily stated this was the time and place duly published for public hearing to consider the appeal of Building Official's decision concerning code correction required for approval of Secondary Dwelling Unit at 17231 Wedgewood Avenue. The Building Official, Archie Watson, answered questions of Council on deficiencies of property. Mr. Aitken, owner of the property and appellant, spoke in favor of the appeal. Mr. Aitken presented Council with a copy of letter from Dale Evans, General Building Contractors, urging granting of the appeal. Mr. Ludice, 17265 Wedgewood Avenue, spoke on the issue and feels the house is safe and in good repair and urges Council to grant the appeal. No one else wished to speak on this issue. Mr. Ventura moved hearing be closed. Mrs. Benjamin seconded. Carried unanimously. There was further discussion on the safety factor. Mr. Aitken stated he knew when he purchased the property, 9 year ago, that the primary unit and the secondary unit did not meet the building code. Council questioned the Town Attorney regarding liability. The Town Attorney reported that there is immunity in connection with issuance of permits and her concerns are that the Town is aware of the safety problems with this issue and given the present state of tort liability, the Town would have some exposure to liability in this instance. Further discussion was held as to feasibility of bringing this building up to code. Mr. Ferrito moved to deny the appeal. Mr. Daily seconded. Carried by a vote of three ayes. Mr.Carlson and Mrs. Benjamin voted no as they felt that more information needed to be presented before they would be able to vote on this questions. Appropriate Resolution of denial shall be prepared and presented for Council consideration at the next meeting. TOPPING WAY NO. 1 ANNEXATION Mayor Daily stated this was the time and place duly published for public hearing to consider the annexation known as Topping Way No. 1. The Town Engineer stated the Town Clerk had received signed petitions protesting the annexation and asked that this item be continued to allow staff time to analyze the valuation of protests and report back to Council. Speaking on the issue was Ellen Bradley and Allen Fingold. They inquired as to procedures whereby Mr. Zapf explained procedures as set forth by State Law. Based on written protests filed with the Town Clerk it was consensus of Council to continue this public hearing to May 5, 1986. Mr. Zapf is to meet with property owners and persons interested in this issue outside the Chambers, in the lobby, immediately following this hearing at which time, Mr. Zapf will explain the annexation procedures. APPEAL 303 N. SANTA CRUZ AVENUE Mayor Daily stated this was the time and place duly published for public hearing to consider Planning Commission's denial of modifications to previous approval granted for outdoor seating in order to delete a condition of approval requiring the signing of an agreement to join a parking district. The Town Manager stated a written request for withdrawal of appeal had been filed, by the appellant, with a request for refunding of some filing fees. Mr. Ferrito moved to grant the request for withdrawal of the appeal based on appellants letter. Mrs. Benjamin seconded. Carried by a vote of four ayes. Mr. Ventura was absent at this time. Mr. Carlson moved to refund $250.00 application fees. Mrs. Benjamin seconded. Carried by a vote of three ayes. Mr. Ventura and Mr. Ferrito voted no. APPEAL DENIAL SECONDARY DWELLING UNIT 216 GLEN RIDGE AVENUE Mayor Daily stated this was the time and place duly published for public hearing to consider the appeal of a decision of the Planning Commission in denying an application for a secondary dwelling unit on property in the R-1D-LHP zone. Property located at 216 Glen Ridge Avenue. Mr. Crawshaw representing Mr. McManis representing continuance of this item to a later date in May due to Attorney McManis being involved in a trial that had been delayed and he will be unable to attend until sometime in May. Mr. Ferrito moved to grant request and continue this hearing until May 19, 1986. Mrs. Benjamin seconded. Carried unanimously. APPEAL - BUILDING OFFICIAL CODE CORRECTION 17082 SUMMIT WAY Mayor Daily stated this was the time and place duly published for public hearing to consider the appeal of Building Official's decision concerning code correction required for approval of Secondary Dwelling Unit at 17082 Summit Way. Mrs. Joan Mathews, owner of the unit, requested she be granted a variance. Mrs. Mathews stated she does not rent and does not intend to rent said unit. The Building Official, Archie Watson, answered questions of Council regarding what needs to be done to remove this from being a secondary dwelling unit. After further discussion, Mrs. Benjamin moved to continue this unit as a secondary dwelling unit. Mr. Carlson seconded. Carried unanimously. RECESS Mayor Daily declared a recess. Meeting reconvened 10:25 p.m. LIVE OAK SENIOR NUTRITION PROGRAM The Town Manager spoke on the recommendation of the Live Oak Nutrition Board that an emergency fund be established in order to provide home delivered meals to ten additional people for the remainder of the Town's fiscal year. Mr. Ferrito moved the council approve the creation of an emergency fund in the mount of $1,117.00; the funds would be available through June 30, 1986 on a one-time basis to meet the additional demand for home delivered meals provided by the Live Oak Senior Nutrition Program. Mr. Daily seconded. Carried unanimously. NON-SMOKING POLICY WITHIN TOWN BUILDINGS Mr. Ventura moved for adoption of Town policy by minute action, setting forth non-smoking designations with Town buildings. Mr. Carlson seconded. Carried unanimously. Mr. Carlson suggested staff may want to look into the San Jose Ordinance regarding smoking. REPORT PROCESSING SECONDARY UNIT APPLICATION Mr. Bowman, Planning director, reported on this issue, stating Council had requested this report some months ago and wanted some direction as to how to handle the letters received concerning processing of secondary dwelling unit permit applications. After further discussion, Mr. Daily moved to accept these letters with a report to staff addressing the issues raised here and this be continued to May 19, 1986. Mrs. Benjamin seconded and added that the people who have written letters be contacted and informed that their letter has been received and Council and staff are considering their concerns. Mr. Carlson supported the motion with amendment that people be informed that Council directed staff to take no enforcement action during this period of consideration. Mr. Daily accepted amendment to the motion, as did Mrs. Benjamin who seconded the motion. Motion carried unanimously. Mr. Rescher representing residents of 330 University and Mr. Liles representing senior citizen residents of 309 and 311 Main, spoke on their concerns regarding secondary units and were directed to send letters to Planning explaining the situation. JPA AGREEMENT WITH MIDPENINSULA FOR PURCHASE OF EILERTSEN PROPERTY Mr. Ferrito moved for adoption of Resolution No. 1986-36 entitled, RESOLUTION OF THE TOWN OF LOS GATOS APPROVING JOINT POWERS AGREEMENT BETWEEN THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AND THE TOWN RELATING TO THE EILERTSEN PROPERTY, (regarding the purchase of the Eilertsen property); and approve a supplemental appropriation of $115,000 from the appropriated General Fund reserve. Mr. Ventura seconded. Carried by a vote of four ayes. Mrs. Benjamin abstained due to her absence at the meeting when this decision was made at the executive session. STATUS KCAT The Town Manager referred to letter received from Mary Foster regarding the status of KCAT. It was consensus of Council that staff answer said letter. Mr. Ferrito reported on staffing of KCAT and the funding to clear the deficit. It was noted Hearst Cablevision has committed $9,000; School District $2,500; Monte Sereno $1,500; and Town of Los Gatos $4,000 to this point. Mr. Bill Oliver, representing Chamber of Commerce spoke on the issue regarding GTE donation of $2,400. Mr. Ferrito explained that other service organizations were holding fund raisers whereby the money will be divided between Los Gatos High School band uniforms and KCAT. Mrs. Benjamin moved to approve an appropriation of an additional $1,000 which would be a total of $5,000 commitment by the Town. Mr. Daily seconded. Carried by a vote of three ayes. Mr. Ventura and Mr. Ferrito abstained due to being members of the KCAT Board of Directors. REQUEST RECONSIDERATION OF PREFERENTIAL PARKING BOUNDARIES ON LEROY AVENUE The Town Manager spoke on written request from Mr. Dresslar asking for reconsideration on the boundaries of the preferential parking on Leroy Avenue. He was requesting to move the preferential parking to allow parking in front of 16737 Leroy Avenue. Also there is a signed petition by residents of Leroy Avenue, requesting that the boundaries remain as designated previously. After some discussion on this issue, Mayor Daily proposed a motion to reconsider the request of changing the boundaries of preferential parking on Leroy Avenue. Terry Meinzer, Leroy Avenue resident, spoke on the issue and stated the residents of Leroy Avenue were opposed to the change in boundaries. Motion withdrawn. Mr. Carlson spoke on lack of public relations by the owner of Happy Hound and the action necessary would be to put up a signing mechanism to inform patrons of the parking problem and not to use Leroy Avenue. The Manager and Engineer to point out various thing Council would like to see done by Happy Hound to alleviate some of the problems on Leroy Avenue. No further action taken and the boundaries of the Preferential Parking remain as previously adopted. Due to illness, Mr. Ventura left the meeting at 11:15 p.m. LIABILITY INSURANCE REPORT Council informational report. REVIEW - E. MAIN & PLEASANT INTERSECTION It was consensus of Council to refer this to staff for report back to Council as soon as possible. APPEAL 30 BROADWAY (WHITE) Discussion was held on decision made by Council t meeting of March 3, 1986. Mr. Carlson asked appellant if his position has changed since that time. Mr. White stated he would like to see a more reasonable decision than what was produced at the last meeting. Mr. Carlson stated he feels he could give more specific directions as to what might be acceptable (1) propose to Council a deed restriction which would limit the number of employees; (2) propose solution that there be adequate landscaping to protect the neighbors; and (3) propose solution that would allow the White's to join a parking assessment district and limit the number of off street parking spaces to 4. Mr. White stated he would be willing to look at guidelines as set forth by Mr. Carlson. After further discussion, Mr. Carlson moved to continue to April 7, 1986 the adoption of Resolution that incorporates the decision of Council which was determined at the March 3, 1986 meeting. Mrs. Benjamin seconded. Carried by a vote of four ayes. Mr. Ventura was absent. APPROPRIATION FUNDING EVENTS AT FORBES MILL MUSEUM Mrs. Benjamin moved that Council approve appropriation of $550.00 from the Cultural Commission's FY 1985-86 budget for two events to bed held at the Forbes Mill Museum: 1.A third Annual Spring Concert to be performed by the Los Gatos String Ensemble on April 6, 1986. 2.A reading by two poets from the San Jose Poetry Center on May 18, 1986. Mr. Ferrito seconded. Carried by a vote of four ayes. Mr. Ventura was absent. OAK MEADOW PARK PARKING FEES WAIVER FOR MONTE SERENO Mr. Ferrito moved to accept Park Commission recommendation and adopt resolution No. 1986-37 entitled, A RESOLUTION REVISING FEE CHARGES AND POLICIES FOR PARKING AT OAK MEADOW PARK. (This waives fees for Monte Sereno residents). Mr. Carlson seconded. Carried by a vote of four ayes. Mr. Ventura was absent. Staff to request that Monte Sereno agree to continue to apply for grant monies and in turn they be allocated to Los Gatos. Also, Council requested staff to reevaluate, as to number of residents from Monte Sereno and Los Gatos that frequent the park. POLICY STATEMENT USE OF BLOSSOM HILL PARK FOR TOURNAMENTS Park Director, Robert Bryant, spoke on report of Park Commission. Mrs. Benjamin moved to accept the recommended action and approve guidelines that would govern requests to hold tennis tournaments at Blossom Hill Park with an added guideline that at least 1 court be available to the public at all times. Mr. Carlson seconded. Carried by a vote of four ayes. Mr. Ventura was absent. ADJOURNMENT Mrs. Benjamin moved meeting be adjourned at 11:50 p.m., to a study session to be held on March 24, 1986 plus a closed session to be held on that date. also a study session and closed session will be held on March 31, 1986. Mr. Carlson seconded. Carried unanimously. The Town Attorney, Mary Jo Levinger, announced that Council would be discussing Institution of Litigation on zoning violations at closed session on March 24, 1986, and the acquisition of the following properties at the closed session on April 7, 1986: a) Boyle (with Attorney Charles Kilian) 20 Grays Lane; b) Greco - second parcel off alley east side of Boone Lane (APN 529-03-033); c) Greco - 54 N. Santa Cruz Avenue (APN 529-03-036); and d) Smith - 58 N. Santa Cruz Avenue (APN 529-03-037). ATTEST: Rose E. Aldag Town Clerk