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M 01-05-87TOWN OF LOS GATOS CALIFORNIA TOWN COUNCIL/PARKING AUTHORITY AGENDA JANUARY 5, 1987 TOWN COUNCIL The Town Council/Parking Authority met in the Council Chambers of the Town Hall at 7:50 p.m., in regular session. ROLL CALL PRESENT:Joanne Benjamin, Eric D. Carlson, Thomas J. Ferrito, Robert L. Hamilton and Mayor Brent N. Ventura ABSENT:None. PLEDGE OF ALLEGIANCE Given by all in attendance. CLOSED SESSION REPORT Town Attorney Levinger stated Council had met in Closed session prior to tonight's meeting and pursuant to Government Code Section 54956.9(a) discussed litigations of Barnhart v Town of Los Gatos; Town v Friesen (Ferrari) and Town v Scott. Discussion was held and there is nothing to report at this time. APPOINTMENTS Mayor Ventura stated interviews had been held prior to the Council meeting and it is in order to make appointments to the various committee vacancies. YOUTH ADVISORY COMMISSION Mayor Ventura stated there was one vacancy to the Youth Advisory (adult member) and no applications were received. LOS GATOS ARTS COMMISSION Mayor Ventura stated there is one vacancy on the Los Gatos Arts Commission. Helen Oliver-Hultin has applied and was interviewed prior to the meeting. Mrs. Benjamin moved to appoint Helen Oliver-Hultin. Mr. Carlson seconded. Carried unanimously. PERSONNEL BOARD Mayor Ventura stated there is one vacancy on the Personnel Board. Mr. Robert Booth has reapplied for said position. Mrs. Benjamin moved to reappoint Mr. Booth to the Personnel Board. Mr. Carlson seconded. Carried unanimously. COMMUNITY SERVICES COMMISSION Mayor Ventura stated there are three vacancies on the Community services Commission and applicants interviewed for the three vacancies are Tim B. Riley, Lester (Randy) Attaway, Michael H. Abkin, Wallace Henwood, Zaida P. Hackett and Catherine Elliot-Kritzer. It was consensus of Council that all applicants are qualified and therefore all nominated for the positions. Voting was held and by unanimous vote Mr. Abkin, Randy Attaway and Zaida Hackett were reappointed to the Commission. COUNTY REFERRALS Mrs. Benjamin moved to accept staff recommendations on the following: 3063-29-43-86LA Locust Drive Ballentine/Winkler Lot line adjustment No comment. Mr. Hamilton seconded. Carried unanimously. SCHEDULE OF PUBLIC HEARINGS Informational report for Council showing hearings scheduled for future meeting. PLANNING COMM/PLANNING DEPT. MONTHLY REPORT Information report for Council. DECEMBER 19,1986 PAYROLL Mrs. Benjamin moved to approve payroll for December 19, 1986 in the amount of $134,307.60 and payroll related warrants in the amount of $118,019.43. Mr. Hamilton seconded. Carried unanimously. JANUARY 2, 1987 PAYROLL Mrs. Benjamin moved for approval of payroll for January 2, 1987 in the amount of $135, 504.18 and payroll related warrants in the amount of $114,332.05. Mr. Hamilton seconded. Carried unanimously. SPECIAL WARRANTS PAID 11-31-86 Mrs. Benjamin moved for approval of payment of special year end warrants in the amount of $41,443.85. These are payment to banks for Town General Obligation and Assessment District Bonds whose semi-annual interest coupons are due on January 2, 1987. Mr. Hamilton seconded. Carried unanimously. APPOINTMENTS TO ABAG PLAN BOARD Mrs. Benjamin moved for adoption of resolution No. 1987-1 entitled APPOINTMENT OF A DIRECTOR AND ALTERNATE TO THE ABAG PLAN CORPORATION BOARD OF DIRECTORS. (This appoints the Town Manager as Director and the Assistant Town Manager as Alternate to said ABAG Board of Directors). Mr. Hamilton seconded. Carried unanimously. DONATION OF FIRE BELL Informational report re the donation of the old Fire Bell and the return of same to Los Gatos. NOTICE OF COMPLETIONS Mrs. Benjamin moved to accept staff recommendation and approve the Notice of Completion and Certificate of Acceptance on the following: Tract No.7509 - The Springs - (Bean Ave. extension) Project 8607 - (327) - 1985-86 Street resurfacing, and Tract No. 7395 - (15000 Los Gatos Boulevard - M. Dermer. Mr. Hamilton seconded. Carried unanimously. SEISMIC SAFETY COMMITTEE REPORT Mrs. Benjamin moved to accept the Seismic Safety Committee's report and defer action until Fiscal year 1987-88. Mr. Hamilton seconded. Carried unanimously. HANDICAPPED ENTRANCE IDENTIFICATION Information report on identifying handicapped accessible buildings. EVALUATION OF TOWN OWNED BUILDINGS & BRIDGES Mrs. Benjamin moved for approval of request for proposal and direct staff to proceed in obtaining bids. Mr. Hamilton seconded. Carried unanimously. Staff to contact Caltrans and ascertain what the status is re earthquake safety of the bridges in Town. Cutting the Town in half is what Council is concerned with regarding this study. ALCOHOLIC BEVERAGE LICENSE APPLICATION Mrs. Benjamin moved to approve the application as submitted to the Department of Alcoholic Beverage Control for Rooh Partovi, 15525 Los Gatos Boulevard (Rooh's) Mr. Hamilton seconded. Carried unanimously. ROUTE 85 FEIS REPORT Mrs. Benjamin moved to authorize Mayor to sign the attached letter reiterating the Council's previous position on riparian habitat and historical buildings. Mr. Hamilton seconded. Carried unanimously. TRANSPORTATION 2000 Mrs. Benjamin moved to authorize the Mayor to send a letter to Transportation 2000 Steering Committee conceptually approving the Transportation 2000 draft final plan with certain modifications. Mr. Hamilton seconded. Carried unanimously. YOUTH ADVISORY COMMISSION DANCE Mrs. Benjamin moved Council approve the Youth Advisory Commission's sponsorship of a dance to be held on January 24, 1987 from 8:00 p.m. to Midnight at the Los Gatos Downtown Neighborhood Center and also approve an allocation of $222.00 currently held in the Town's deposit account to this activity. Mr. Hamilton seconded. Carried unanimously. ALLOCATION OF YOUTH ADVISORY COMMISSION FUNDS Mrs. Benjamin moved Council approve the Youth Advisory Commission's request to allocate $120.00 from their fiscal year 1986-87 operating budget to Project Lead for their Leadership Training Conference to be held at the Downtown Neighborhood Center on January 11, 1987. Mr. Hamilton seconded. Carried by vote of four ayes. Mr. Ferrito abstained, as one of his children is a participant in this project. 1987 PAYROLL & ACCOUNTS PAYABLE SCHEDULE Mrs. Benjamin moved for adoption of Resolution No. 1987-2 entitled A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS ESTABLISHING PAYROLL AND ACCOUNTS PAYABLE WARRANT/CHECK PAYMENT SCHEDULES FOR CALENDAR YEAR 1987. Mr. Hamilton seconded. Carried unanimously. Discussion was held re notification of said schedule to Town Treasurer. It was noted that Manager and Mayor had each spoken to the Treasurer on said issue and he did not indicate any concerns. Discussion was also held re discounts not being taken on some of the Town bills. After further discussion Town Manager to furnish the Council with an in depth analysis on said issue. APPEAL-VARIANCE REQUEST FOR 706 MORE AVE. ZICOVICH Mrs. Benjamin moved for adoption of Resolution No. 1987-3 entitled, RESOLUTION DENYING APPEAL FROM PLANNING COMMISSION DENIAL OF REQUEST FOR VARIANCE FOR REDUCTION OF A SIDE YEAR SETBACK IN THE R-1:20,000 ZONE. (706 More Ave. - Zicovich). Mr. Hamilton seconded. Carried unanimously. APPEAL-HANDICAP REQUIREMENTS 464 N. Santa Cruz Mrs. Benjamin moved for adoption of resolution No. 1987-4 entitled, RESOLUTION GRANTING APPEAL FROM DECISION OF THE BUILDING OFFICIAL CONCERNING HANDICAPPED ACCESS REQUIREMENTS (464 N. Santa Cruz Avenue - Yogurt Delite) Mr. Hamilton seconded. Carried unanimously. CRIMINAL RECORD INFORMATION ON PROSPECTIVE TOWN EMPLOYEES Mrs. Benjamin moved for adoption of Ordinance No. 1703 entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING CHAPTER 21 OF THE TOWN CODE RELATING TO THE RELEASE OF CRIMINAL RECORD INFORMATION ON PROSPECTIVE TOWN EMPLOYEES. Mr. Hamilton seconded. Carried unanimously. VERBAL COMMUNICATION Mr. Tom Suvada, 15 Millrich Drive, spoke to Council re their decision on the appeal of Winchester subdivision. Council by not voting on said issue left the mechanism of State law replace the judgement of the Town Council, our representatives, and automatically approved the subdivision. Mr. Suvada stated he was here tonight to petition the Council to change the definition of lot depth as the neighborhood feels this zoning law does not protect them. After further discussion it was consensus of Council to have this agendized at the next meeting at which time a formal referral to the Planning Commission will be made. APPEAL - CODE CORRECTIONS 80 BROADWAY (BAUMGARDNER) Mayor Ventura stated this was the time and place duly notice for continued public hearing to consider appeal of Building Official's decision concerning code correction required for approval of a Secondary Living Unit at 80 Broadway. It was noted that a letter was received from Mr. Baumgardner requesting withdrawal of the appeal. Mr. Watson stated Mr. Baumgardner has obtained permits and is in the process of correcting the code deficiencies. Mr. Ferrito moved to grant the request and approve the withdrawal of the appeal. Mrs. Benjamin seconded. Carried unanimously. APPEAL - TREE REMOVAL (STANGER) 101 GLENRIDGE AVE. Mayor Ventura stated this was the time and place duly noted for public hearing to consider an appeal of a condition of approval of a Planning Commission approval to remove a protected tree on property located in the R-1:8,000 zone. Property located at 101 Glenridge Avenue. (Owner J. Stanger). Mr. Hamilton stated he has listened to the tapes of previous meeting and is eligible to vote on this issue. Attorney Levinger reported as to action taken to date and discussion was held re civil penalty imposed. Mr. Stanger spoke against the penalty imposed and requested Council to waive the penalty. Director of Parks, Forestry and Maintenance, Bob Bryant, stated that the tree should be removed as with the extreme trimming that was done to the tree causes limbs to be weakened and actually causes the tree to become unsafe. Mr. Bryant also answered questions of Council re cost of 24" box tree and planting cost which would run approximately $400.00. Discussion was held on the whether the Tree Ordinance is furnished to Tree Service business when the apply for business license. It was noted that mailing of tree ordinance was done by planning back in 1984, but no mailing has been done since. After further discussion and no one else from the audience wishing to speak, Mr. Ferrito moved public hearing be closed. Mrs. Benjamin seconded. Carried unanimously. Mr. Bowman answered questions of Council re the chain of events regarding the tree trimming. Mr. Ferrito moved to uphold the Planning Commission's decision approving the application for tree removal with the two conditions -1) the owner pay the civil penalty of $2,321.09 and -2) plant a sizeable replacement tree or several trees subject to the approval of the Director of Parks, Forestry and Maintenance Services. A two year maintenance contract shall also be required. Mayor Ventura seconded. Discussion was held re credit being given the applicant for cost of tree replacement. Mr. Ferrito moved to amend his motion and credit be given to the applicant for the cost of removal and replacement of the tree. Motion fails with Mr. Carlson, Mr. Hamilton and Mrs. Benjamin voting no. Mrs. Benjamin moved to uphold decision of planning, modify the conditions and Mr. Stanger be required to replace the tree at satisfaction of the Director of Parks, Forestry and Maintenance Service. Mr. Carlson seconded with amendment to the motion to set a token penalty of $250.00 to be used to furnish a copy of the tree ordinance to Tree Services in business within the Town. Carried by vote of four ayes. Mr. Ferrito voting no. ZONING ORDINANCE AMENDMENT RE EXTENSION OF ORDINANCE 1699 Mayor Ventura stated this was the time and place duly noted for public hearing to consider the extension of Ordinance No. 1699 entitled, An Urgency Interim Zoning Ordinance Amending the Zoning Ordinance Regarding The Required Front Yard and The Required Side Yard Abutting A Street In The Central Business District Commercial Zone. There being no one from the audience wishing to speak on this issue, Mr. Carlson moved public hearing be closed. Mr. Hamilton seconded. Carried unanimously. Mrs. Benjamin moved to make finding that there is a current and immediate threat to the public health safety or welfare; and the approval of additional subdivisions, use permits, variances, building permits or any other applicable entitlement for use which is required in order to comply with a zoning ordinance would result in a threat to public health, safety, or welfare. Mr. Carlson seconded. Carried unanimously. Mr. Ventura and Mr. Ferrito each wished the minutes to reflect that they would like to see the final form of the Ordinance keep the current setbacks as the standard and based on specific finding made by the Commission, give them the right of flexibility, in terms of design, to altar those standard setback. Mrs. Benjamin moved to waive reading for URGENCY INTERIM ZONING ORDINANCE EXTENDING ORDINANCE NO. 1699 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. Mrs.s Benjamin moved for introduction of Ordinance. Mr. Carlson seconded. Carried unanimously. Mrs. Benjamin moved for adoption of Ordinance No. 1704 entitled. URGENCY INTERIM ZONING ORDINANCE EXTENDING ORDINANCE NO. 1699 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. GENERAL PLAN AMENDMENT AND ZONING ORDINANCE RE SECONDARY UNITS Mayor Ventura stated this was the time and place duly published for public hearing to consider General Plan Amendment GP-86-1 and Zoning Ordinance amendment A-86-5 regarding the number, type of occupancy and other restrictions pertaining to secondary dwelling units. Planning Director, Lee Bowman, referred to Planning secondary dwelling units outline and referred to issues Council had referred to Planning, current Ordinance requirements and Planning Commission recommendations. Mr. Bowman answered questions of Council and defined non-conforming secondary units and illegal secondary units. Speaking in opposition to owner occupancy requirement and proposed deed restrictions were Diane Rhudy; Gary Giannini; Bob Bondy; Mrs. Monson; Mike Wasserman; Loraine Mersereau; Janet Nester; Gerald Wytman; E. Hathaway; Pete Siemens; Carol Bondy; L. Kirkham; D. Worn; Scottie McEwen; Eric Johnson; Brian Conlisk; J. McLaughlin; Betty Rowe; Mary Downing; Bob Newick, Mr. Lucey; Heather Adams; and Phil Rhodes. Letters opposing said recommendations were received from Betty Rowe; Margery M. Brokaw; Attorney J. Foley representing Mr. & Mrs. Wm. E. Mason and Mr. Kenneth Challenger. Discussion was held on Planning Commission's recommendations and the following consensus motions were made. Mrs. Benjamin moved by consensus to modify Planning recommendations and that non-conforming uses be exempt if owner can prove the legality. Mr. Carlson seconded. Carried by vote of three ayes. Mr. Ventura and Mr. Ferrito voting no. Mr. Carlson moved to consider extending the deadline to submit applications for Secondary Unit Permits for six months after the date of adoption of the Ordinance. Mrs. Benjamin seconded. Carried by vote of four ayes. Mr. Ferrito voting no. Mrs. Benjamin moved to allow staff to approve time extension up to six months to complete correction's based on individual basis, subject to appeal of Planning Commission. Mr. Hamilton seconded. Carried by vote of four ayes. Mr. Ferrito voting no. Mrs. Benjamin moved to allow no more than one Secondary Dwelling unit on a lot with existing units. Mr. Hamilton seconded. Mr. Ventura voted no as he feels to have a secondary unit you should have at least an acre of land. Motion dies. Mr. Carlson made substitute motion that there be no more than 2 secondary units on an lot. Mrs. Benjamin seconded. Carried by vote of three ayes. Mr. Ferrito and Mr. Hamilton voting no. Mr. Ferrito moved that when there is an illegal secondary unit, all units on the property shall be brought up to Housing Code. Mr. Carlson seconded. Carried unanimously. Mr. Carlson moved to require Planning Director approval for architectural review only for the remodeling or construction of a second unit in the case of destruction. Mrs. Benjamin seconded. Carried by vote of four ayes. Mr. Ventura abstained. Mr. Carlson moved accessory structures may have plumbing installed providing the fixtures may be served by no more than 2-inch diameter building drain pipe. Building drains in excess of 2 inches in diameter may be approved by the Planning Director upon good cause shown. Mr. Ventura seconded. Carried unanimously. Mrs. Benjamin moved to eliminate the owner occupancy requirement on all units. Mr. Hamilton seconded. Carried by vote of three ayes. Mr. Ventura and Mr. Ferrito voting no. Mayor Ventura stated the above motions will be incorporated into the Ordinance and presented for Council consideration. This hearing will be continued to January 26, 1987 at 7:30 p.m. at which time Ordinance may be introduce. The Hearing for the setting of secondary unit fees will also be held on that night. RECESS Mayor declared a recess. Meeting reconvened at 11:35 p.m. APPEAL - DENIAL OF CONDITIONAL USE PERMIT AT 121 WILDER AVE. (E. BROWN) Mayor Ventura stated this was the time and place duly published for public hearing to consider appeal of Planning Commission denial of Conditional Use Permit Application U-85-33, requesting permission to construct a guest cottage (without kitchen) on property in the R-1D-LHP Zone. Speaking in opposition to said appeal was Penny Sink, 152 Wilder Avenue. Mr. Ferrito moved to accept staff recommendation and grant request o continue this to March 16, 1987, and direct the applicant to file eight sets of revised plans with the Planning Department by 5:00 p.m. Friday, January 16, 1987, for consideration by the Development Review Committee on January 27, 1987, with neutral referral back. Mr.Carlson seconded. Carried unanimously. ADJOURNMENT CLOSED SESSION Mayor declared meeting adjourned to Executive Session at 11:50 p.m. whereby Attorney stated pursuant to Government Code Section 54956.8 Council would discuss acquisition of Greco Property located at 54 N. Santa Cruz Avenue and a 2nd parcel off Alley on the East side of Boone Lane;pursuant to Government Code Section 54956.9(b) Discuss significant exposure to litigation and pursuant to Government Code Section 54956.9(c) discuss the possible litigation of funds deposited and invested in Bell Savings. MEETING RECONVENED Meeting reconvened at 12:30 p.m., whereby Town Attorney report on Closed Session stating Council pursuant to Gov't Code Section 54956.8 discussed the acquisition of Greco property and there is nothing to report; Pursuant to Gov't Code Section 54956.9(b) discussed the funds with Bell Savings and pursuant to 54956.9(c) discussed the institution of litigation re Bell Savings. Council first determined their was significant exposure to litigation regarding that issue and discussed the matter as well as discussed the matter under the institution of litigation and there is no report at this time other than, the Council did instruct the Town attorney to explore the issue of hiring outside Counsel should that be necessary. WITHDRAWAL OF INVESTMENTS (BELL) Mr. Ferrito moved for adoption of Resolution No. 1987-5 entitled, RESOLUTION AUTHORIZING THE WITHDRAWAL OF $1.5 MILLION ON DEPOSIT WITH BELL SAVINGS AND LOAN ASSOCIATION (BELL), APPROVING INDEMNITY AGREEMENT AND RELEASE WITH BELL AND AUTHORIZING THE MAYOR AND THE TOWN ATTORNEY TO EXECUTE SAID INDEMNITY AGREEMENT AND RELEASE. Mrs. Benjamin seconded. Carried unanimously. Mr. Hamilton wished record to reflect that he only vote aye on the indemnity agreement and not the withdrawal of funds. ADJOURNMENT Mayor Ventura, at 12:35 a.m., Tuesday, January 6, 1987, declared the meeting adjourned to 7:30 p.m., Tuesday, 1987 to complete the January 5, 1987 agenda. ATTEST: Rose E. Aldag Town Clerk