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M 11-16-87TOWN OF LOS GATOS CALIFORNIA TOWN COUNCIL/PARKING AUTHORITY AGENDA NOVEMBER 16, 1987 TOWN COUNCIL The Town Council/Parking Authority met in the Council Chambers of the Town Hall at 7:35 p.m., in regular session. ROLL CALL PRESENT:Joanne Benjamin, Thomas J. Ferrito, Robert L. Hamilton and Vice-Mayor Eric D. Carlson. ABSENT:Mayor Brent N. Ventura. PLEDGE OF ALLEGIANCE Given by all in attendance. APPOINTMENTS YOUTH ADVISORY COMMISSION (ADULT MEMBERS) Vice-Mayor Carlson stated that there is currently one vacancy on the Los Gatos Youth Advisory Commission for an adult member. Applicants for the vacancy were Morrill Peabody, Jack Roper and Beverlee Snow. It was noted that interviews of the applicants had been held prior to the Council meeting. Mr. Peabody was not present for the interviews. After some discussion as to whether there is a limit of adult members on said board. It was decided, given the number of youths, there could me more adults. Mrs. Benjamin moved to appoint Mr. Roper and Ms. Snow to the Commission. Mr. Ferrito seconded. Carried by vote of four ayes. Mayor Ventura was absent. CLOSED SESSION REPORT Town Attorney Levinger reported that prior to tonight's meeting, Council had met in Closed Session and pursuant to Government Code Section 54956.9(a) discussion was held on the National Convenience Store, Inc. vs Town of Los Gatos and there is nothing to report from that discussion. COMMUNICATIONS a. Letter was received from the Ming Quong Children's Society requesting permission to use the Civic Center facilities for their 28th annual Strawberry Festival to be held on June 4 and 5, 1988. Mrs. Benjamin moved to refer the request to the Town Manager for report. Mr. Hamilton seconded. Carried by vote of four ayes. Mayor Ventura was absent. b. Letter from Charles Tuzar requesting reconsideration of a motion made by the Town Council on August 17, 1987. Mrs. Benjamin moved to refer the request to the Town Manager for report. Mr. Hamilton seconded. Carried by vote of four ayes. Mayor Ventura was absent. SCHEDULE OF PUBLIC HEARINGS Information for Council on hearings scheduled for future meetings. PAYROLL NOVEMBER 6, 1987 Mrs. Benjamin moved for approval of the November 6, 1987 payroll in the amount of $163,532.57 and related warrants in the amount of $118,390.88. Mr. Hamilton seconded. Carried by vote of four ayes. Mayor Ventura was absent. WARRANTS. OCTOBER 1987 Mrs. Benjamin moved for the approval of the October, 1987 warrants in the amount of $427, 318.32. Mr. Hamilton seconded. Carried by vote of four ayes. Mayor Ventura was absent. SECONDARY DWELLING UNITS MONTHLY REPORT Council informational report. MODEL TOXIC GAS REPORT Council informational report. MUSEUM PLAN Mrs. Benjamin moved Council conceptually approve the Goals outlined in the joint proposed Master Plan developed by the Museum Commission and the Museum Association Board of Directors. Mr. Hamilton seconded. Carried by vote of four ayes. Mayor ventura was absent. 329 & 331 UNIVERSITY AVE. SEWER PROBLEMS Mrs. Benjamin moved to direct staff to pursue corrective measures needed to mitigate sanitary sewer line problems located at 329 & 331 University Avenue and report back to Council in ninety days. Mr. Hamilton seconded. Carried by vote of four ayes. Mayor Ventura was absent. 16480 BLACKBERRY HILL ROAD ANNEXATION Mrs. Benjamin moved to have staff include a requirement for annexation, as part of the deferred annexation agreement, which is currently being developed. Mr. Hamilton seconded. Carried by vote of four ayes. Mayor Ventura was absent. ABC LICENSE 14194 BLOSSOM HILL ROAD. Informational report for Council. DOWNTOWN PARKING ASSESSMENT DIST. REFUND OF CASH PAYMENTS Mrs. Benjamin moved for the adoption of Resolution No. 1987-190 entitled, RESOLUTION ORDERING REFUNDS OF CASH PAYMENTS - TOWN OF LOS GATOS DOWNTOWN PARKING ASSESSMENT DISTRICT. Mr. Hamilton seconded. Carried by vote of four ayes. Mayor Ventura was absent. (Vote on this item was discussed at the meeting of December 7, 1987). VASONA/HWY 17 CORRIDOR PHASE 1 ALTERNATIVE ANALYSIS. Mrs. Benjamin moved to accept the informational report submitted for the November 2, 1987 Council meeting. Mr. Hamilton seconded. Carried by vote of four ayes. Mayor Ventura was absent. TRAFFIC SAFETY GRANT PROPOSAL Mrs. Benjamin moved to accept the information report from the Office of Traffic Safety advising that funding is unavailable for the proposed grant to Los Gatos three (3) traffic officer positions this fiscal year: but Council approve supplemental funding to the Police Department budget to hire two (2) new police officers as originally proposed in the 87-88 budget in the event the O.T.S. grant was not approved, as described in the first quarter budget report. Mr. Hamilton seconded. Carried by vote of four ayes. Mayor Ventura was absent. 235 SARATOGA AVE. ANTON JULIUS APPEAL Mrs. Benjamin moved for the adoption of Resolution No. 1987-191 entitled, RESOLUTION DENYING APPEAL OF PLANNING COMMISSION DECISION THAT A NONCONFORMING RESTAURANT USE HAS BEEN INTENSIFIED BY INCREASING HOURS OF OPERATION AND APPEAL OF CERTAIN CONDITIONS OF APPROVAL OF ARCHITECTURE AND SITE APPLICATION FOR EXTERIOR MODIFICATIONS (235 SARATOGA AVENUE - ANTON JULIUS). Mr. Hamilton seconded. Carried by vote of four ayes. Mayor Ventura was absent. 234 LOS GATOS BLVD. SCOTT APPEAL Mrs. Benjamin moved for the adoption of Resolution Granting the 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. Motion dies with a vote of two ayes with Mrs. Benjamin and Mr. Hamilton voting no and Mayor Ventura was absent. Action dies on this issue. It will be brought back at a later meeting when there is a full Council. 14901 NATIONAL AVENUE (WEST VALLEY ASSOC. APPEAL Mrs. Benjamin moved for the adoption of Resolution No. 1987-192 entitled, RESOLUTION DENYING APPEAL OF PLANNING COMMISSION APPROVAL OF PLANS FOR CONSTRUCTION OF AN OFFICE BUILDING IN THE "O" ZONE SUBJECT TO VARIOUS CONDITIONS. (14901 NATIONAL AVENUE - WEST ALLEY ASSOCIATES). Mr. Hamilton seconded. Carried by vote of four ayes. Mayor Ventura was absent. AMENDMENT TO TOWN CODE TO ALLOW CERTIFICATE OF COMPLIANCE BE ISSUED BY TOWN ENGINEER & PLANING DIRECTOR Mrs. Benjamin moved for the adoption of Ordinance No. 1739 entitled, ANN ORDINANCE OF THE TOWN OF LOS GATOS TO AMEND THE TOWN CODE CONCERNING AMENDMENTS TO ALLOW CERTAIN CLASSES OF CERTIFICATES OF COMPLIANCE TO BE ISSUED BY THE TOWN ENGINEER AND PLANNING DIRECTOR. Mr. Hamilton seconded. Carried by vote of four ayes. Mayor Ventura was absent. 17121 LOS ROBLES WAY (SALICE) APPEAL Mrs. Benjamin moved for the adoption of Resolution No. 1987-193 entitled, RESOLUTION GRANTING APPEAL OF PLANNING COMMISSION APPROVAL OF PLANS FOR CONSTRUCTION OF SINGLE FAMILY RESIDENCE IN THE R-1:20,000 ZONE. (17121 LOS ROBLES WAY - RICHARD N. SALICE). Mr. Hamilton seconded. Carried by vote of four ayes. Mayor Ventura was absent. 16000 MARCHMONT DRIVE-HILLBROOK SCHOOL APPEAL Mrs. Benjamin moved for the adoption of resolution No. 987-194 entitled, RESOLUTION REMANDING TO PLANNING COMMISSION THE APPEAL OF PLANNING COMMISSION APPROVAL OF PLANS FOR CONSTRUCTION OF MULTI-PURPOSE BUILDING (GYMNASIUM/CLASSROOMS) (16000 MARCHMONT DRIVE - HILLBROOK SCHOOL). Mr. Hamilton seconded. Carried by vote of three ayes. Mayor Ventura was absent. Mrs. Benjamin abstained due to her being on the School Board of Directors. 104 UNIVERSITY AVENUE (GORK) APPEAL Mrs. Benjamin moved for the adoption of Resolution No. 1987-195, entitled, RESOLUTION DENYING APPEAL FROM PLANNING COMMISSION DENIAL OF REQUEST FOR APPROVAL OF PLANS TO CONVERT ADDITIONAL RESIDENTIAL SPACE TO COMMERCIAL RETAIL OR OFFICE AREA ON PROPERTY LOCATED IN THE C-2 ZONE. (104 UNIVERSITY AVENUE - JOHN & RUTH GORK). Mr. Hamilton seconded. Carried by vote of four ayes. Mayor Ventura was absent. VERBAL COMMUNICATION Ms. Marge Whitney, from the audience, spoke on her opposition of Town granting a variance which allowed her neighbor, Mark Jensen, to construct a "workshop" as an addition to his existing garage. Now she feels that the scope of the variance may have been exceeded by the building of a parapet wall which blocks her view and in all likelihood will reduce property values in the area. After further discussion this issue was referred to staff with directions that staff meet with Ms. Whitney and Mr. Jensen to discuss all aspects of this complaint. CHERRY BLOSSOM TRAFFIC STUDY Vice-Mayor Carlson stated this was the time and place duly noted for public hearing to consider the Cherry Blossom Traffic Management Study. Speaking in opposition to curb walks and/or traffic circles were Art Thimann; Bob Gingree; Karl Dorn; Steve Gervick; Jim Dixon; Joel Nueman; Joel Maniaci; Terry Daily; Ed. Fox; Ann Tremaine; Darrell Mackie; Leann Daily; Justin Fash; Don Skinner; Christine Wilson; and Mary Roach. Mr. Neuman reminded Council that residents in the Manor had voted against annexation to the Town, as they were against the installation of sidewalks and street lights and are again stating they do not wish sidewalks, etc. Some of the residents stated they would favor some restrictive signs. Mr. Gould, representing owners of King Court Shopping urged the signalization of Camellia Terrace and Blossom Hill Road intersection, as owner of Kings Court had put up a bond for participation in the installation of this signal. After further discussion Mr. Ferrito moved to continue this item and schedule a study session for January 25th, 1988. Mrs. Benjamin seconded. Mr. Hamilton suggested the motion be amended and consider holding the study session at Blossom Hill School, if school is available. Mr. Ferrito stated he would accept the amendment as did Mrs. Benjamin. Carried by vote of four ayes. Mayor Ventura was absent. Town Engineer to notify residents of this study session. APPEAL - 404 UNIVERSITY AVENUE (SCOTT) Vice-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 demolition of an existing single family residence and the construction of an office building in the "O" (Office) Zone. Property owner: J. & P. Scott, Inc. Location of property is 404 University Avenue. Attorney Paul Lamphere, representing John Scott owner of 404 University Avenue, spoke on the issue and urged Council to grant the appeal as feels the proposed office building would create less traffic than what the building has been used for prior to this application. Planning Director Bowman answered questions of Council re traffic study and trips during peak hours. Attorney Lamphere spoke on traffic study that had been made by Mindigo Associates and his clients payment for this initial study. There being no one else from the audience wishing to speak on this issue, Mr. Ferrito moved to close the public hearing. Mrs. Benjamin seconded. Carried by vote of four ayes. Mayor Ventura was absent. After further discussion, Mr. Ferrito stated he could not see where Planning Commission erred so he would move to deny the appeal. Mr. Carlson seconded. Mrs. Benjamin commented that traffic is the issue and safety of ingress and egress to the property is an issue so cannot approve the project and will support the motion. Speaking on the issue was owner John Scott requesting that this issue be sent back to staff for directions an guidance. Mr. Ferrito felt guidance has been given by going over the history of the zoning. Motion died for lack of vote. Mr. Carlson made substitute motion that Council remane this back to Planning Commission with the direction that Planning study all aspects of the application which include size of lot; conversion of residential use; traffic; access to property; parking and make findings on all these issues. Mrs. Benjamin seconded. Carried by vote of three ayes. Mr. Ferrito voting no and Mayor Ventura was absent. Town Attorney to prepare the appropriate Resolution for Council consideration at the next meeting. RECESS Vice-Mayor Carlson declared a recess. Meeting reconvened at 10:15 p.m. APPEAL - 15405 LOS GATOS BLVD. (PECK) Vice-Mayor Carlson stated this was the time and place duly noted for continued public hearing to consider appeal of Planning Commission's decision on denial of request for approval of second floor addition to an existing commercial building in the CH zone S-79-2C. Property located at 15405 Los Gatos Blvd. and owned by Donald A. Peck. Speaking on the appeal was Virginia Fanelli, representing Mr. Peck owner and appellant of the project. Ms. Fanelli stated the need to cover or enclose the walkway which would remedy the water from draining on the sidewalk and making them unsafe, installation of elevator for the handicap and the heating units be moved from the first floor roof to the second floor roof and doing the above items would correct the design problem After further discussion and there being no one else wishing to speak on this issue, Mrs. Benjamin moved to close the public hearing. Mr. Ferrito seconded. Carried by vote of four ayes. Mayor Ventura was absent. Discussion was held as to the need to add the square footage to redo the roof. Ms. Fanelli answered questions of Council and spoke of the necessity of building a cover over the sidewalks. Mr. Ferrito moved to deny the appeal and affirm the Planning Commission's decision. Mr. Carlson seconded. Carried by vote of three ayes. Mr. Hamilton voting no. Mayor Ventura was absent. Town Attorney to prepare the appropriate Resolution and present for Council consideration at the next meeting. APPEAL - 219 MASSOL AVENUE (COOK) Vice-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 construct a second story to an existing single family residence in the R-1D-LHP Zone (S-87-23. Property located at 219 Massol Avenue. Owner, Jack & Janet Cook. Appellant J. McManis. Vice-Mayor Carlson stated he had listened to tapes of previous meeting and will be voting on the issue. Mr. & Mrs. Cook stated they had new plans and submitted same to Councilmembers. The new plans shows the reduction of sq. footage as was requested previously. Mr. McManis stated he had not seen the plans prior to tonight and needs time for review of same. Mr. Burrows, Architect for the project spoke on the changes made on plans to be able to reduce the sq. footage as Council had requested. Roger Reedy, 173 Longmeadow Drive, spoke on his concerns re the misrepresentation of the drawings as posted. Colleen LaCour, neighbor of the Cooks spoke on the issue and feels the Cook's are being hassled and for the record she feels this doesn't make much sense. After further discussion Mrs. Benjamin moved this be continued to December 7, 1987, so all Council members can review the new plans. Mr. Hamilton seconded. Carried by vote of three ayes. Mr. Carlson voting no and Mayor Ventura was absent. COUNTY SOLID WASTE MANAGEMENT PLAN AMENDMENT Vice-Mayor Carlson stated this was the time and place duly noted for public hearing to consider amending the County Solid Waste Management Plan to establish rules for the importation of solid waste. There being no one from the audience wishing to speak on this issue, Mr. Ferrito moved the public hearing be closed. Mrs. Benjamin seconded. Carried y vote of four ayes. Mayor Ventura was absent. Mr. Ferrito moved to concur with the Negative Declaration adopted by the County of Santa Clara. Mrs. Benjamin seconded. Carried by vote of four ayes. Mayor Ventura was absent. Mr. Ferrito moved for the adoption of Resolution No. 1987-196 entitled, RESOLUTION OF THE TOWN OF LOS GATOS WHICH APPROVES AN AMENDMENT TO THE SOLID WASTE MANAGEMENT PLAN FOR SANTA CLARA COUNTY ADDING THE POLICY ON IMPORTATION OF SOLID WASTE FROM OUTSIDE SANTA CLARA COUNTY AND CONCURS WITH THE COUNTY'S ADOPTION OF A NEGATIVE DECLARATION UNDER CEQA. Mrs. Benjamin seconded. Carried by four ayes. Mayor Ventura was absent. EXTENSION OF ORDINANCE 1699 RE FRONT & SIDE YARD SETBACK Vice-Mayor Carlson 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 LOS GATOS ZONING ORDINANCE REGARDING THE REQUIRED FRONT YARD AND REQUIRED SIDE YARD ABUTTING A STREET IN THE CENTRAL BUSINESS DISTRICT COMMERCIAL ZONE. Mr. Bowman answered questions of Council. There being no one from the audience wishing to speak on this issue, Mr. Ferrito moved to close the public hearing. Mrs. Benjamin seconded. Carried by vote of four ayes. Mayor Ventura was absent. Mr. Ferrito moved to make the findings as follows: the (1) Urgency Interim Zoning Ordinance is necessary to protect the public health, safety and welfare since the streetscape and the pedestrian circulation in the Central Business District could be improved if the required 10' front yard and side yard abutting a street may be modified to conform with adjacent improvements. (2) The approval of development applications for buildings with 10' setbacks in the Central Business District could result in an incompatible streetscape elevation and incompatible sidewalk widths, and (3) The Architectural Standards Committee is currently preparing design standards to regulate improvements within the 10' setback and the Urgency Interim Zoning Ordinance permits the 10' setback to be modified while the design standards are being prepared. Mrs. Benjamin seconded. Carried by vote of four ayes. Mayor Ventura was absent. Mr. Ferrito moved to waive the 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. Hamilton seconded. Carried by vote of four ayes. Mayor Ventura was absent. Town Clerk read title of the Ordinance. Mr. Ferrito moved for introduction of the Ordinance. Mrs. Benjamin seconded. Carried by vote of four ayes. Mayor Ventura was absent. Mr. Ferrito moved to make the findings that (1) there is a current and immediate threat to the public health, safety or welfare; and, (2) 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 and with these findings moved for the adoption of Ordinance No. 1740 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. Mrs. Benjamin seconded. Carried by vote of four ayes. Mayor Ventura was absent. MINUTES OF OCTOBER 19, 1987 Vice-Mayor Carlson referred to a couple of grammatical errors and requested correction. Mrs. Benjamin moved the minutes of October 19, 1987 be approved as corrected. Mr. Hamilton seconded. Carried by vote of four ayes. Mayor Ventura was absent. MINUTES OF OCTOBER 26, 1987 Mr. Ferrito requested correction on page two - subject BUS LOADING - SARATOGA AVE. Should reflect that "Mr. Hamilton, as an employee representing Saratoga Savings and Loan, spoke in support of moving the bus stop". Mrs. Benjamin moved the minutes of October 26, 1987 be approved as correction. Vice-Mayor Carlson seconded. Carried by vote of four ayes. Mayor Ventura was absent. TREASURER'S REPORT FOR SEPTEMBER 1987 Vice-Mayor Carlson noted that the Treasurer's report for September 1987 has been received and distributed to Councilmembers. ALMOND GROVE DISTRICT TRAFFIC Mrs. Benjamin moved to approve the recommended action as follows: (1) direct the Engineering Department to expedite a study of permit parking in the Almond Grove District. (Return to Council on February 1, 1988). (2) Direct the Police Department to increase surveillance and enforcement of speed limits and stop sign in the Almond Grove District. (3) Direct the Engineering Department to secure input from the Chamber of Commerce and Caltrans with regards to the possibility of closing the northbound, Santa Cruz Avenue off ramp; and (4) refer the request for historical neighborhood signs to the Historical Committee and the Planning Commission. Mr. Ferrito seconded. Carried by four ayes. Mayor Ventura was absent. Town Manager stated she had received a call from Beth Zientek of the Almond Grove Homeowners assoc. and explained to her that this action does not preclude further discussion with the Association as they have not had a chance to review some of the issues they had raised. 1987-88 FIRST QUARTER BUDGET REVIEW Mrs. Benjamin moved to accept staff recommendation as follows: (1) Transfer $16,207 from the Downtown Parking Fund to the Engineering Department. These appropriation transfers would be from 016-800-5110 and related benefit accounts to Engineering programs, 410, 412, 414 and 416 salary account 5110 and related benefit account; (2) Transfer $22,275 from General Town Administration 010-230-6450 to Police Department 010-350-5110 and related benefit accounts. This transfer will allow for an additional 2.0 Police Officers effective January 1, 1988; and (3) Reallocate Office of Traffic Safety in-kind general fund allocation of $25,425 from 010-350-8404 to 010-350-5110 and related benefit accounts. Mr. Ferrito seconded. Carried by vote of four ayes. Mayor Ventura was absent. CHAMBER OF COMMERCE FUNDING REQUEST Town has received request from Chamber of Commerce for funding. Mrs. Benjamin spoke on her concerns re lack of acknowledgement or recognition of what the town does for the community. Speaking on the issue was Mark Zammit, Director on the Los Gatos Chamber Board as well as Chairman of the Task Force responsible for the proposal before the Town at this time. General discussion was held on the proposal of the Chamber. Discussion was held on the Directory as presented and the use of some of the information included. Council feels there is no need for the printing and mailing of 10,000 of these. Mr. Hamilton stated he would be willing to support some of the services. As did vice-Mayor Carlson. Mr. Hamilton moved to fund the shuttle pilot program. Motion died for lack of second. Mrs. Benjamin stated she felt the public information service might be good but can't support the newcomer mailing as the Board of Realtors already covers most of that information. After further discussion Vice-Mayor Carlson stated he feels Chamber should come back with something written which would include information for the business people, by the business people on how a Town process works. Speaking on the issue was Sue LaForge explaining some of issues in the proposal and stated she was not expecting any final decision tonight. Discussion was held as to time for consideration of request for funding with other requests of non profit organizations. No action was taken. AUTOMOBILE SALES REGULATIONS This item was continued to December 7, 1987 meeting. SUPPORT OF WILDLIFE INITIATIVE Mr. Ferrito moved to support the Wildlife, Coastal and Park Initiative. Mrs. Benjamin seconded. Carried by vote of four ayes. Mayor Ventura was absent. 214 SARATOGA AVENUE-BUS STOP LOCATION Mrs. Benjamin moved for the adoption of Resolution No. 1987-197 entitled, BUS LOADING ZONE - 214 SARATOGA AVENUE. Mr. Carlson seconded. Carried by vote of 2 ayes. Mr. Ferrito voting no. Mr. Hamilton abstained and Mayor Ventura was absent. Mr. Hamilton, an employee of the Saratoga Savings & Loan, spoke in favor of the move. It was noted that this move is approved for one year at which time staff should make a written report to Council as to any problems on this new location. SELECTION OF MAYOR & VICE-MAYOR Continued to November 30, 1987. ADJOURNMENT Mrs. Benjamin moved meeting be adjourned at 11:55 p.m., and meeting be continued to November 30, 1987 at 7:30 p.m.,for the purpose of election of Mayor and Vice-Mayor and to have a work study session following the selection. Mr. Ferrito seconded. Carried by vote of four ayes. Mayor Ventura was absent. ATTEST: Rose E. Aldag Town Clerk