Loading...
M 12-07-87TOWN OF LOS GATOS CALIFORNIA TOWN COUNCIL/PARKING AUTHORITY AGENDA DECEMBER 7, 1987 TOWN COUNCIL The Town Council/Parking Authority met in the Council Chambers of the Town Hall at 7:40 p.m., in regular session. ROLL CALL PRESENT:Thomas J. Ferrito, Robert L. Hamilton, Brent N. Ventura and Mayor Eric D. Carlson. ABSENT:Joanne Benjamin. Mrs. Benjamin arrived at 8:20 p.m. PLEDGE OF ALLEGIANCE Given by all in attendance. CLOSED SESSION REPORT Attorney Levinger stated Council had met in Closed Session prior to tonight's Council meeting and pursuant to Government Code Section 54956.9 (a) discussed two cases of pending litigation. National Convenience Stores v Town -- and there is nothing to report from that discussion. Trusso v Town -- and the Town authorized outside Council for defense. Pursuant to Government Code Section 54956.9 (b) the claim of Jayne Brannan was discussed. Council first made a determination there was significant exposure to litigation and authorized settlement of claim in the amount of $3,500.00. Pursuant to Government Code Section 54956.9 (c) Council discussed the institution of litigations re Recovery of Public Documents and there is nothing to report from that discussion. XEROX COPIER BID AWARD It was noted five bids were received ranging from low bid of $18,433.91 to high bid of $64,114.00. Staff has reviewed bids and recommends that bid be awarded to Xerox Corporation in the amount of $58,142.50 due to other low bids not meeting the specifications. Mr. Ventura moved to award the bid to Xerox Corp. in the amount of $58,142.50 and adopt Resolution No. 1987-198 entitled, RESOLUTION AUTHORIZING THE TOWN MANAGER TO NEGOTIATE AND EXECUTE A CONTRACT FOR THE ACQUISITION OF A XEROX 1090 COPIER. Mr. Ferrito seconded. Carried by vote of four ayes. Mrs. Benjamin was absent. BID AWARD FOR BALLISTIC VESTS It was noted five bids were received ranging from low bid of $8,379.30 to high bid of $13,056.14. Staff has examined the bids; reviewed the exceptions and recommends that bid be awarded to Davis Company. Mr. Ferrito moved to award the bid to Davis Company in the amount of $12,782.33 which includes tax. Mr. Ventura seconded. Carried by vote of four ayes. Mrs. Benjamin was absent. COMMUNICATIONS LIVE OAK NUTRITION CENTER FUNDING REQUEST Letter from Live Oak Senior Nutrition Center requesting additional funding in the amount of $5,276.00. Town Manager reported this would accommodate 15 more seniors per day. This could be approved from the General Fund Appropriated Reserve and staff would have no problems if Council took that action. Based on Managers report, Mr. Ferrito moved to conceptually approve the request. Resolution of approval will be presented at the next meeting. Mr. Ventura seconded. Carried by vote of three ayes. Mrs. Benjamin was absent and Mayor Carlson abstained as he is on the Board for the Center. PUBLIC HEARINGS SCHEDULE Information for Council of public hearings scheduled for future meetings. COUNTY REFERRALS Mr. Ventura moved to accept staff recommendation on County Referrals as follows: 3397-35-50-87G-87D Deer Park Rd. McIntosh Grading & Design Review. The Town recommends denial of the project on the basis of excessive cuts and fills, exposed cut and fill slopes, and excessive tree removals, all of which will create an adverse environmental impact. Therefore, the applicant should revise the plans to reduce these impacts. COUNTY REFERRALS 2829-35-50-87G-86V Jiminez/Carlock Time extension No comment. Mr. Hamilton seconded. Carried by vote of four ayes. Mrs. Benjamin was absent. SCHEDULE OF COUNCIL MEETINGS Mr. Ventura moved to accept the revised Council meeting schedule as it reflects the Council's proposed schedule for the remainder of the fiscal year. Mr. Hamilton seconded. Carried by vote of four ayes. Mrs. Benjamin was absent. COUNCIL CALENDAR OF MEETINGS Information for Council. APPROVAL OF NOVEMBER 20th & NOVEMBER 25th HOLIDAY PAY FOR POLICE Mr. Ventura moved for the approval of November 20th, 1987 payroll in the amount if $159,748.81 and payroll related warrants in the amount of $132,239.19; approval of the Police Holiday pay on November 25, 1987 in the amount of $20,751.43 and related warrants in the amount o $2,716.60. Mr.Hamilton seconded. Carried by vote of four ayes. Mrs. Benjamin was absent. PLANNING COMMISSION/DEPT. REPORT Information report for Council. NOTICE OF COMPLETION Mr. Ventura moved for the approval of the Certificate of Acceptance and Notice of Completion for Project 8704 - Street resurfacing and Slurry seal Bachman Park Pathway reconstruction and authorize the Mayor to execute and Town Clerk to record said Notice. Mr. Hamilton seconded. Carried by vote of four ayes. Mrs. Benjamin was absent. GLENRIDGE AVE. STREET ABANDONMENT REQUEST Informational report for Council. TRAFFIC CONTROL HARDING AVE. & LOS GATOS BLVD. Mr. Ferrito moved for continuance of this item to December 21, 1987 due to lack of notification to the residents in the area. Mr. Ventura seconded. Carried unanimously. ROUTE 85 AESTHETIC REVIEW COMMITTEE Informational report for Council. VISTA DEL MONTE TRAFFIC CONTROL Discussion was held on noticing of this project and Mr. Ferrito moved to continue this item to January 19th, 1988. Mr. Ventura seconded. Carried by vote of four ayes. Mrs. Benjamin was absent. CENTENNIAL TIME CAPSULE Information for Council. HORSE DRAWN CARRIAGE RIDES Mr. Ventura moved Council approve the request of the Los Gatos Chamber of Commerce and the Downtown Association to sell carriage rides for this Holiday Season on the weekends between December 4th to the 27th and the request to locate a booth at the Town Plaza to sell tickets for the carriage rides, subject to the following conditions: 1. Applicants be required to coordinate booth location with the Parks, Forestry and Maintenance Services Department for use in the Town Plaza to ensure public safety, facility cleanliness and protection of landscaped areas. 2. Applicants be required to coordinate with the Police Department all carriage activities involving the use of public streets. 3. Applicants provide the Town with special event insurance coverage in the amount of one million dollars ($1,000,000) naming the Town as an additional insured. Additionally, the applicant to sign a hold harmless agreement; and 4. Horses which draw the carriages be equipped with a device to capture excreta. Mr. Hamilton seconded. Carried by vote of four ayes. Mrs. Benjamin was absent. APPEAL-234 LOS GATOS BOULEVARD Mr. Ventura moved for the adoption of Resolution No. 1987-199 entitled, RESOLUTION GRANTING APPEAL OF PLANNING COMMISSION APPROVAL WITH CONDITIONS FOR EXTERIOR MODIFICATION OF AN EXISTING OFFICE BUILDING AND ABANDONMENT OF EXCESS RIGHT-OF-WAY ACROSS THE FRONTAGE OF THE PROPERTY IN THE "O" ZONE (234 LOS GATOS BOULEVARD - JOHN L. SCOTT). Mr. Hamilton seconded. Carried by vote of three ayes. Mr. Hamilton voted no. Mrs.Benjamin was absent. APPEAL-DONALD PECK -15405 LOS GATOS BLVD. Mr.Ventura moved for the adoption of the Resolution No. 1987-200 entitled, RESOLUTION DENYING APPEAL OF PLANNING COMMISSION DENIAL OF REQUEST FOR APPROVAL OF SECOND FLOOR ADDITION TO AN EXISTING COMMERCIAL BUILDING IN THE CH ZONE. (15405 LOS GATOS BOULEVARD - Donald A. Peck). Mr. Hamilton seconded. Carried by vote of three ayes. Mr. Ventura abstained. Mrs. Benjamin was absent. VERBAL COMMUNICATIONS Speaking from the audience was Mr. Fred Klepinger of the Albert/Nino Homeowners Association. Mr. Klepinger introduced Mr. Wagner and Mr. Pope also, members of the association. He spoke on their concerns re the building of unsightly metal shed on the Fisher Junior High School grounds in clear view of residences along Nino and Albert Drive and the possibility of removal of said shed or ample landscaping to soften the effects of this metal shed. He also referred to traffic control problems in their neighborhood due to school events and asked that this be agendized for the meeting of December 21, 1987. Mr. Klepinger then presented written material on the various complaints to Council members, plus video tape. Discussion was held on the complaint and the possibility of meeting with School Board to discuss this. Mr. Ventura moved Town staff meet with school District staff and neighbors to discuss the complaints and request Clerk to schedule a public hearing for January 19, 1988. Mr. Ferrito seconded. Carried by vote of four ayes. Mrs. Benjamin was absent. Mr. Fred Long, 146 Belridge Drive, questioned the lack of response to letter from Mr. Bethlahmy, dated November 19, 1987 regarding VMS. Town Attorney stated this had been discussed in Closed Session and reported on at that time. APPEAL - 219 MASSOL AVE. J. COOK Mayor Carlson stated this was the time and place duly noted for continued public hearing to consider the appeal of Planning Commission's approval of plans to remodel and construction of a second story to an existing single family residence in the R-1D-LHP zone. Property located at 219 Massol Avenue and owned by Janet & Jack Cook. Speaking on the issue was Jim McManis (appellant). He feels there is to much house for the size of the lot and feels house needs to be scaled down further and urges Council to either deny or reverse Planning Commission's decision and send back to DRC. Janet Cook, 219 Massol Avenue spoke on the plans presented, stating that the plans were scaled down. Randy Attaway, stated Council had given directions and the Cook's followed those directions so denial of project is not in order. Bella Goins, 224 Massol Avenue spoke in favor of the remodel as presented. Leo Kesselman spoke in opposition to proposed remodel. Feels all should follow guidelines of the historical district or abandon the Ordinance. Pat O'Laughlin, 54 Chestnut, feels this should be before the DRC. Mrs. Benjamin arrived at the meeting at 8:20 p.m. There being no one else wishing to speak on this issue, Mr. Ventura moved to closed the public hearing. Mr. Hamilton seconded. Carried unanimously. Mr. Ventura announced that he had listened to the tapes from the last public hearing and therefor eligible to vote on this issue. Further discussion was held on whether to send back to DRC due to change in plans and whether Cook;s meet standards. Mr. Ferrito moved to refer this matter back to DRC to consider the development standards which they have developed, and which we may or may not be adopting tonight, to consider specifically the questions of the bulk, size or volume of proposed residence as compared to lot size, both in acreage and dimension (width and depth) and to consider the safety aspects as referred to in Mr. Reedy's letter dated November 25, 1987. Mr. Carlson seconded. Motion fails as Mr. Ventura and Mr. Hamilton voted no and Mrs.Benjamin abstained. Discussion was held on suggestion that the appellant and applicant meet and discuss this to try and work out a solution and this be continued for 2 weeks. Mr. Ventura announced he would be absent at the next meeting. Mr. Ventura then moved to refer this back to DRC to be reviewed consistent with the original direction provided by Council at the first public hearing on the appeal and requested that the effected neighbors be noticed and present at the DRC and that informal discussions take place so all differences can be resolved. (The issues at first hearing were the height and mass of the building). Mr. Ferrito seconded. Carried by vote of three ayes. Mr. Hamilton voting no and Mrs. Benjamin abstained due her not being present during tonight's hearing. Mayor Carlson stated this last motion is to be considered as substitute motion of the one made above by Ferrito and himself. Mr. Carlson also request a tape of the above hearing be made for Mrs. Benjamin. APPEAL - 66 E. MAIN STREET FRIESEN Mayor Carlson stated this was the time and place noted for continued public hearing to consider an appeal of Planning Commission's approval, with conditions, on the Conditional Use Permit Applications U-86-24 requesting permission to operate an automobile dealership in the C-2 zone. Property located at 66 E. Main Street. Attorney Randall Reedy, representing Ferrari of Los Gatos, stated this issue has been continued several times and due to lack of formation of the Parking Assessment District and litigation of same he is requesting continuance again. After further discussion Mr. Hamilton moved to continued this to March 7th, 1988. Mr. Ventura seconded. Carried by vote of three ayes. Mr. Ferrito and Mr. Carlson voting no. APPEAL - 58 ALPINE AVENUE Mayor Carlson stated this was the time and place duly noted for continued hearing to reconsider the appeal of Planning Commission's denial or request for approval of two (2) lot subdivision of 1.26 acres of land in the R-1:20,000 zone. Property located at 58 Alpine Avenue. Mr.Ventura moved to continue this item to December 21, 1987. Mr. Ferrito seconded. Carried unanimously. APPEAL - 720 UNIVERSITY AVE. Mayor Carlson stated this was the time and place duly noted for public hearing to consider the appeal of Planning Commission's revoking all existing approvals for the use of the property at 720 University Avenue. Attorney George Tobin, representing E. Nilsson spoke on his clients lack of notice of hearing before the Planning Commission. Mr. Bowman reported that notice had been sent to Ms. Nilsson. There being no one else from the audience wishing to speak on this issue, Mr. Ventura moved to close the public hearing. Mrs. Benjamin seconded. Carried unanimously. Mr. Bowman answered questions of Council. After further discussion Mr. Ventura moved to reopen the hearing and continue this to February 1st, 1987. Mr. Hamilton seconded. Carried unanimously. APPEAL - 208 BACHMAN AVENUE Mayor Carlson stated this was the time and place duly noted for public hearing to consider the appeal of Planning Commission's denial of a request for permission to enclose an existing detached refrigeration unit for a commercial building in the C-2 zone. Property located at 208 Bachman Avenue. Attorney Randall Reedy, representing C.B. Hannigan's spoke on the necessity to have this continued until issue of Downtown Parking Assessment District has been resolved. After further discussion Mr. Ventura moved to continued this to January 19, 1988. Mrs.Benjamin seconded. Carried unanimously. APPEAL - 151 N. SANTA CRUZ J.L. SCOTT Mayor Carlson stated this was the time and place duly noted for public hearing to consider the appeal of Planning Commission's denial of the request for approval of plans to remodel and expand an existing commercial building in the C-2 zone. Property located at 151 N. Santa Cruz Avenue and owned by John L. Scott. There being no one present representing the appellant and no one from the audience wishing to speak on this issue, Mr. Ferrito moved the public hearing be closed. Mr. Ventura seconded. Carried unanimously. Mrs. Benjamin moved to remand the application back to the Planning Commission with the policy that if it is not heard at the Planning Commission the second time around then Council will uphold the Planning Commission. Motion dies for lack of second. Mr. Hamilton then moved to send the application back to the Planning Commission. Motion dies for lack of second. Mr. Ventura moved to deny the appeal due to total lack of appearance of the applicant at either hearing and no evidence was presented at this hearing that the Planning Commission erred. Based on the merits of the project it should be denied. Mr. Ferrito seconded. Carried y vote of three ayes, Mr. Hamilton nd Mrs. Benjamin voting no as they would like to give the applicant a second chance. Town Attorney to prepare appropriate Resolution and present for Council consideration at the next meeting. APPEAL - GRANDING PERMIT AT 320 SANTA ROSA DRIVE Mayor Carlson stated this was the time and place duly noted for public hearing to consider the appeal of Planning Commission's denial of SITE AND ARCHITECTURAL APPLICATION S-82-40A, requesting approval of grading permit for an existing residence in the HR-2 1/2 zone. Property located at 320 Santa Rosa Drive and owned by K.G. & Phyllis Romine. Mrs. Benjamin stated she had spoken to Mrs. Romine who had stated she is no longer employing the landscaping firm that had drew up the plan and would like to be sent back to Planning and start over again. There being no one from the audience wishing to speak on this issue, Mr. Ventura moved to close the public hearing. Mr. Carlson seconded. Carried unanimously. Mr. Ventura moved to remand this back to DRC and the Planning Commission. Mrs. Benjamin seconded. Carried unanimously. CERTIFICATE OF COMPLIANCE FEE SCHEDULE Mayor Carlson stated this was the time and place to consider amendments concerning Subdivision fees re Certificate of Compliance as adopted by Resolution No. 1987-43 entitled, A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS REPEALING RESOLUTION 1986-163 and setting a fee schedule for zoning. Mr. Ventura moved accept staff recommendation and continue this hearing until January 4, 1988. Mr. Ferrito seconded. Carried unanimously. MINUTES OF NOVEMBER 2, 1987 Corrections were suggested for page 5. Subject - Traffic Impact GP-87-8; GP- 87-9 & A-87-11. Mrs. Benjamin requested Clerk to check tape re voting on this issue. Also asked Clerk to check tape re corridor lots. Other correction made was typing error. Mrs. Benjamin moved to approve the minutes of November 2, 1987 as corrected. Mr. Ferrito seconded. Carried unanimously. MINUTES OF NOVEMBER 16, 1987 Mr. Ferrito questioned whether it was alright for he and Mr. Hamilton to vote re the refund of payments of the Parking Assessment District. Mayor Carlson stated that if Mr. Hamilton and Mr. Ferrito should have abstained they would have. This to be noted. Mr. Ferrito moved for approval of minutes of November 16, 1987 as corrected. Mrs. Benjamin seconded. Carried by vote of four ayes. Mr. Ventura was out of the room at the time of the vote. MINUTES OF NOVEMBER 30 Mr. Ferrito moved for approval of minutes of November 30, 1987 as submitted. Mrs. Benjamin seconded. Carried unanimously. TREASURER'S REPORT FOR OCTOBER, 1987 Mayor Carlson stated council has received the Treasurer's report for the month of October, 1987. AMICUS BRIEFS PARTICIPATION Mr. Ventura moved to authorize the Town to participate in the Amicus Briefs in the cases of Century Federal Inc. v. City of Palo Alto and Group W. Inc. v. City of Santa Cruz, at no cost to the Town. Mr. Ferrito seconded. Carried unanimously. ZONING ORDINANCE AMENDMENTS RE TRAFFIC IMPACTS Mrs. Benjamin moved to continued the amendments re Traffic Impacts until December 21, 1987. Mr. Ferrito seconded. Carried unanimously. ESTABLISHMENT HANDICAP PARKING AT 334 TAIT Mr. Ventura moved for the adoption of Resolution No. 1987-201 entitled, HANDICAPPED PARKING - 334 TAIT AVENUE. This established one handicapped parking space in front of the residence at 334 Tait Avenue. Mrs. Benjamin seconded. Carried by vote of four ayes. Mr. Hamilton voting no. DEVELOPMENT STANDARDS OR SINGLE FAMILY RESIDENTIAL DOWNTOWN ZONE R-1D Discussion was held on development Standards for the Single Family Residential Downtown zone R-1D. Mr. Bowman answered questions of Council re floor area ratio and also stated that Planning has not finished their study. Mr. Ventura moved to make the finding that the amendments to the Zoning Ordinance are consistent with the General Plan. Mr. Ferrito seconded. Carried unanimously. Mr.Ventura then moved to waive the reading for AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONING ORDINANCE RELATING TO APPEALS FROM THE DECISION BY THE PLANNING DEPARTMENT. Mr. Hamilton seconded. Carried unanimously. Town Clerk read title of Ordinance. Mr. Ventura moved for introduction of the Ordinance. Mrs. Benjamin seconded. Carried unanimously. Mr. Ventura moved for the adoption of Resolution No. 1987-202 entitled, A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS CONCERNING DEVELOPMENT STANDARDS FOR THE SINGLE FAMILY RESIDENTIAL DOWNTOWN ZONE. Mrs. Benjamin seconded. Carried unanimously. CERTIFICATE OF COMPLIANCE FEE Mr. Wm Gremore from audience spoke on Certificate of Compliance and opposed the setting of a fee for same. He spoke of his concerns regarding his lot on Central Avenue. He was informed that had been taken up by Council early in the meeting under item #27 whereby Council continued the public hearing to January 4, 1988 and testimony will be taken at that time. AUTOMOBILE SALES REGULATIONS Mr. Ventura stated after meeting with car dealers on Los Gatos Boulevard, they indicated they would like to see more flexibility in the Zoning Ordinance re sales promotions, which are special events, and their manufacturers require them to hold these events a few times in a year and suggests Council refer this to Planning Commission for review to see what would be an appropriate modification of our current standards. Discussion was held as to whether this would only cover car dealer events. It was noted that Fire Department give some approval of tents etc. After further discussion Mr. Ventura moved to refer this to Planning Commission for their study re tents and balloons being used by car dealers for special events. Motion dies for lack of second. REMANDING APPEAL OF JOHN SCOTT 404 UNIVERSITY Discussion was held on the proposed Resolution presented for Council consideration on the remanding of the appeal of John Scott for property at 404 University Avenue. It was feeling of Council for the need to amend the Resolution as findings are not precise enough. Mrs. Benjamin moved to amend the Resolution as size of the lot should be more specific with regards to size of lot in comparison to size of the building; Parking design is not satisfactory and questions the access to property from Highway 9. Mr. Carlson seconded. Carried by vote of four ayes. Mr. Ventura abstained. Mr. Hamilton moved to have Resolution rewritten to include amendments as stated above and be brought back for council consideration at the next meeting. Mrs. Benjamin seconded. Carried by vote of four ayes. Mr. Ventura abstained. ADJOURNMENT Mr. Hamilton moved meeting be adjourned at 11:30 p.m.. Mrs. Benjamin seconded. Carried unanimously. ATTEST: Rose E. Aldag Town Clerk