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M 12-21-87TOWN OF LOS GATOS CALIFORNIA TOWN COUNCIL/PARKING AUTHORITY AGENDA DECEMBER 21, 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:Joane Benjamin, Thomas Ferrito, Robert L. Hamilton and Mayor Eric D. ABSENT:Brent N. Ventura Mayor Carlson announced that Mr. Ventura was absent due to his being in the hospital for an operation on his knee. PLEDGE OF ALLEGIANCE Given by all in attendance. SCHEDULE OF PUBLIC HEARINGS Information for Council of public hearings scheduled for future meeting. PAYROLL 12-4-87. PAYROLL 12-18-87 AND RELATED WARRANTS Mrs. Benjamin moved for approval of December 4, 1987 payroll in the amount of $160,078.83 and related warrants in the amount of $107,870.50; December 18, 1987 payroll in the amount of $163,380.01 and related warrants in the amount of $119,426.72; special paycheck in the amount of $1659.20 and vacation and sick leave cash-outs in the amount of $37,315.59. Mr. Hamilton seconded. Carried by vote of four ayes. Mr. Ventura was absent. NOVEMBER 1987 WARRANTS Mrs. Benjamin moved for the approval of the November 1987 warrants in the amount of $356,145.52. Mr. Hamilton seconded. Carried by vote of four ayes. Mr. Ventura was absent. COUNTY REFERRALS Mrs. Benjamin moved to accept staff recommendation on County Referrals as follows: 3399-32-54-87V. Loma Vista Ave. Slack Variance Direct staff to forward a recommendation of approval regarding this application for a variance to reduce the side yard setback from 8' to 6', subject to the condition that the proposed location of the garage be revised to provide an 8' side yard and a 5' rear yard. Mr. Hamilton seconded. Carried by vote of four ayes. Mr.Ventura was absent. NOTICE OF COMPLETION Mrs. Benjamin moved to approve the Notice of Completion and Certificate of Acceptance for 16350 Blackberry Hill Road, Sanitary Sewer (Barraco) -- the Mayor is authorized to execute said notice and Clerk to record. Mr. Hamilton seconded. Carried by vote of four ayes. Mr. Ventura was absent. DEFERRED ANNEXATION AGREEMENT OUTSIDE TOWN'S URBAN SERVICE AREA Mr. Ferrito requested that a paragraph be added in the annexation agreement indicating that the property owner agrees to inform subsequent owners of said existing agreement and this document then be recorded. Mrs. Benjamin moved to add paragraph as indicated above and Resolution to that effect be prepared. Mr. Hamilton seconded. Carried by vote of four ayes. Mr. Ventura was absent. TEMPORARY SIGNS IN TOWN PLAZA Mrs. Benjamin moved for the adoption of Resolution No. 1987-202, entitled, RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS CONCERNING THE DISPLAY OF TEMPORARY SIGNS IN THE TOWN PLAZA. Mr. Hamilton seconded. Carried by vote of four ayes. Mr. Ventura was absent. YOUTH ADVISORY COMMISSION ACTIVITIES Mrs. Benjamin moved to approve a dance to be held February 20, 1988 and implementation of the Youth activities Grant Project proposed by the Youth Advisory Commission. Mr. Ferrito asked for possible change in the wording re Activities grant to allow for continued input from other people and/or organizations. It was suggested that the Youth Advisory Commission review applications in phases to encourage submittal of applications. This suggestion was accepted. Mr. Hamilton seconded. Carried by vote of four ayes. Mr. Ventura was absent. CLAIM M. WORMLEY Claim is withdrawn from the agenda and will be discussed in Closed Session prior to the meeting of January 4, 1988 and then will be placed on the agenda at a later date. LOS GATOS CREEK BICYCLE PATH PROJECT 8606 This is informational report from Council. Mr. Hamilton asked for cost figure. Manager stated that the cost is not known as Caltrans will be contributing, but have no idea what that amount will be. APPEAL 404 UNIVERSITY AVENUE (SCOTT) Mrs. Benjamin moved for the adoption of resolution No. 1987-203 entitled, RESOLUTION REMANDING APPEAL OF PLANNING COMMISSION DENIAL OF THE DEMOLITION OF AN EXISTING SINGLE FAMILY RESIDENCE AND THE CONSTRUCTION OF AN OFFICE BUILDING IN THE O (OFFICE) ZONE. (404 UNIVERSITY AVENUE - J & P SCOTT, INC). Mr. Hamilton seconded. Carried by vote of three ayes. Mr. Ferrito voting no and Mr. Ventura was absent. APPEAL - 320 SANTA ROSA DR. (ROMINE) Mrs. Benjamin moved for the adoption of Resolution No. 1987-204 entitled, RESOLUTION REMANDING TO PLANNING COMMISSION THE APPEAL OF PLANNING COMMISSION'S DENIAL OF ARCHITECTURE AND SITE APPLICATION REQUESTING APPROVAL OF GRADING PERMIT FOR AN EXISTING RESIDENCE IN THE HR-2 1/2 ZONE. (230 SANTA ROSA DRIVE - K.G & PHYLLIS ROMINE) Mr. Hamilton seconded. Carried by vote of four ayes. Mr. Ventura was absent. ZONING ORDINANCE AMENDMENT RE APPEALS FROM PLANNING DEPT. DECISION Mrs. Benjamin moved for the adoption of Ordinance No. 1741 entitled, 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 by vote of four ayes. Mr. Ventura was absent. PAYROLL & ACCOUNTS PAYABLE SCHEDULE FOR 1988 Mrs. Benjamin moved for the adoption of resolution No. 1987-205 entitled, A RESOLUTION OF THE TOWN OF LOS GATOS ESTABLISHING PAYROLL AND ACCOUNTS PAYABLE WARRANT/CHECK PAYMENT SCHEDULES FOR CALENDAR YEAR 1988 AND AMENDING RESOLUTION NO. 1987-2 AND 1986-7. Mr. Hamilton seconded. Carried by vote of four ayes. Mr. Ventura was absent. APPEAL 828 LILAC WAY TREE REMOVAL Mayor Carlson stated this was the time and place duly noted for continued public hearing to consider the appeal of the Planning commission's decision to deny a tree removal request in the R-1:8000 zone. Property located at 828 Lilac Way. Property owner Steven & Karen Franza. Discussion was held on possible lack of communication re this being taken off the agenda. Council requested staff to contact the Franza's and request that they put their request, for deletion from the agenda, in writing. Mr. Ferrito moved to continue this to January 19, 1988 and staff to contact the Franza's and have them put their request for taking this off the agenda, in writing. Mr. Hamilton seconded. Carried by four votes. Mr. Ventura was absent. APPEAL - 58 ALPINE AVE. Mayor Carlson 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 a two (2) lot subdivision of 1.26 acres of property located at 58 Alpine Avenue. Property owned by Rosalie Lincoln. Mayor explained the need for the traffic impact policies to be adopted and in place before taking further action on this issue. Steven Rice, from the audience spoke and asked for approval as per condition set forth previously. After further discussion and 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. Mr. Ventura was absent. APPEAL - 58 ALPINE AVENUE (LINCOLN) Mr. Ferrito moved to remand this to the Development Review Committee and Planning Commission so that the previously proposed list of conditions of approval can be reviewed as necessary. Mrs. Benjamin seconded. Carried by vote of four ayes. Mr. Ventura was absent. Mayor Carlson announced at this time he would have to leave the meeting for a short while as he had a presentation to make to Eagle Scout Mathew Powers. Mayor Carlson left the meeting at 7:55 p.m. Mrs. Benjamin took over chairing the meeting. HILLSIDE SPECIFIC PLAN AMENDMENT Vice-Mayor Benjamin stated this was the time and place duly noted for Council consideration of amendments to the Hillside Specific Plan concerning the following issues: Secondary dwelling units; bed and breakfast inns; landscaping maintenance and tree removal. Hillside Specific Plan Amendment GP-87-12. There being no one from the audience wishing to speak on this issue, Mr. Ferrito moved to close the public hearing. Mr. Hamilton seconded. Carried by vote of three ayes. Mr. Ventura and Mayor Carlson were absent. Mr. Ferrito moved for the adoption of Resolution No. 1987-206 entitled, A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS CONCERNING AMENDMENTS TO THE HILLSIDE SPECIFIC PLAN REGARDING SECONDARY DWELLINGS, BED AND BREAKFAST INNS, LANDSCAPE MAINTENANCE AND TREE REMOVALS. Mr. Hamilton seconded. Carried by vote of three ayes. Mayor Carlson and Mr. Ventura were absent. SECONDARY DWELLING UNITS Discussion was held on the informational report to Council regarding the deadline for filing applications for secondary dwelling units. After some discussion Mr. Hamilton moved to have a 1/2 page display ad in both the local newspapers informing people of the filing deadline. Mrs. Benjamin seconded. Carried by vote of 2 ayes. Mr. Ferrito voting no and Mr. Ventura and Mayor Carlson were absent. MINUTES OF DECEMBER 7, 1987 Mr. Ferrito moved the minutes of December 7, 1987 be approved as submitted. Mr. Hamilton seconded. Carried by vote of three ayes. Mayor Carlson and Mr. Ventura were absent. TRAFFIC CONTROL MEASURE FOR HARDING AVE. Mr. Ferrito moved for the adoption of resolution No. 1987-209 entitled, PARKING PROHIBITION ON LOS GATOS BOULEVARD. Mr. Hamilton seconded. Carried by vote of three ayes. Mayor Carlson and Mr. Ventura were absent. Mr. Ferrito moved to authorize a work order to install a "Keep Clear" zone at the Harding Avenue/Los Gatos Boulevard intersection; authorize staff to request the residents living along the unimproved section of Harding Avenue to trim bushes, tree branches, or remove fences as necessary. Mr. Hamilton seconded. Carried by vote of three ayes. Mayor Carlson and Mr. Ventura were absent. Speaking on the issue was Mrs. Chestnut; Dr. Zoellar and Will Lindsay. They were opposed to speed bumps - feel stop signs are helpful but feel need for further measure. 4-WAY STOP SIGN AT STACIA & WHITNEY Mr. Ferrito moved to grant the request for a 4-way stop signs at Stacia and Whitney Avenue. Mr. Hamilton seconded. Carried by vote of three ayes. Mayor Carlson and Mr. Ventura were absent. TRAFFIC IMPACTS A-87-11 It was consensus of Council to wait for a full Council for action on this matter. Continued to January 4, 1988 meeting. COUNTY VECTOR CONTROL DIST. Mr. Ferrito moved to set a public hearing for participation in the formation of a Vector Control District and hearing date be scheduled for January 19, 1988. Mr. Hamilton seconded. Carried by vote of three ayes. Mayor Carlson and Mr. Ventura were absent. POLICE DEPT FEES FOR DUI RESPONSES Mr. Ferrito moved that public hearing be scheduled for the purpose of discussing the establishment of fees on cost recovery for Driving Under the Influence of Alcohol and/or Drugs (DUI) and hearing be schedule for January 19, 1988. Mr. Hamilton seconded. Carried by vote of three ayes. Mayor Carlson and Mr. Ventura were absent. Mayor Carlson returned at 8:35 p.m. and chaired the balance of the meeting. 167 VILLA AVENUE (TUZAR) Referral was made to letter from Charles D. Tuzar Jr., requesting reconsideration of appeal of Planning Commission action. Mr. Tuzar. Mr. Ferrito announced for the record that he had been absent from the meeting of August 17, 1987 when this issue was discussed but has listened to the tape of said meeting and therefore is eligible to vote. Discussion was held re having a written statement from the Fire Department regarding their stand on access from Main street. After further discussion Mr. Ferrito moved to deny the request for reconsideration of the appeal and to direct the applicant to comply with Council Resolution 1987- 133. Mrs. Benjamin seconded. Carried by vote of three ayes. Mr. Hamilton voted no and Mr. Ventura was absent. Staff to also request a written opinion from Fire Chief and have staff advise Council if this is not received by the next Council meeting. CHERRY BLOSSOM NEIGHBORHOOD STUDY Mrs. Benjamin referred to staff report requesting supplemental appropriation of $1,875.00 and stated she is opposed to authorizing anymore money and moved not to authorize any more money, at this time, for professional consultant services. Mr. Hamilton seconded, with the addition that the meeting to be held on January 25, 1988 at the Blossom Hill School be taped. Carried by vote of four ayes. Mr.Ventura was absent. OLD BLOSSOM HILL LEFT TURN RESTRICTIONS AT Council spoke of their concerns re restrictions of left turns for Blossom Hill School. Feels this would be a hardship on parents dropping off their children at day care center. Mrs. Benjamin suggested the school be contacted and maybe they in turn could take a poll of parents on this issue. It was consensus of Council to take no action at this time and ask the school to poll the parents who bring their children to day care. SCHEDULING OF CDBG PUBLIC HEARING Discussion was held as to funding of CDBG funds and scheduling of hearings. Mr. Ferrito requested that staff furnish a list of groups who qualify for funding/ It was consensus of Council that the hearing be scheduled of February 8, 1988. TRAFFIC IMPACT GP-87-8 It was consensus of Council to continue this item to January 4, 1988. PROPERTY INS. COVERAGE Mrs. Benjamin moved for the adoption of Resolution No. 1987-207 entitled, RESOLUTION APPROVING AN AGREEMENT WITH HAMILTON MERIDIAN INSURANCE ASSOCIATES. This be with a higher deductible than was recommended. Mr. Hamilton seconded. Carried by vote of four ayes. Mr. Ventura was absent. APPEAL -219 MASSOL AVE. (COOK) Discussion was held on the reason for sending this appeal back to Planning Commission and directions given re Council's concerns. After further discussion Mr. Ferrito moved for the adoption of Resolution No. 1987-208 entitled, RESOLUTION REMANDING TO PLANNING COMMISSION APPEAL OF PLANNING COMMISSIONS'S APPROVAL OF PLANS TO REMODEL AND CONSTRUCT A SECOND STORY TO AN EXISTING SINGLE FAMILY RESIDENCE IN THE R-1D-LHP ZONE ( 219 MASSOL AVENUE - JACK & JANET COOK). Mr. Carlson seconded. Carried by vote of two ayes. Mr. Hamilton voted no. Mrs. Benjamin abstained. Mr. Ventura was absent. APPEAL - 151 N. SANTA CRUZ Speaking from the audience was John Scott requesting reconsideration on the denial of his appeal for remodel of commercial building at 151 N. Santa Cruz Avenue. He stated he had been late, when this item was on the agenda and therefore was unable to speak on the issue and now is asking for reconsideration as he never received notification when this before Planning. Further discussion was held and Mrs. Benjamin moved to grant Mr. Scotts request for reconsideration. Mr. Hamilton seconded. Carried by vote of four ayes. Mr. Ventura was absent. Mrs. Benjamin moved to set hearing for reconsideration on February 16, 1988. Mr. Hamilton seconded. Carried by vote of four ayes. Mr. Ventura was absent. APPEAL - 48 CHESTNUT (QUINN) Mayor Carlson stated this was the time and place duly noted for public hearing to consider the appeal of Planning commission denial of request to demolish an existing single family residence, replace it with a new single family residence, and to modify development standards for property in the R-1:12,000 zone. Property is located at 48 Chestnut and owned by David Quinn. Speaking on the issue was Gary Schloh, Architect for the project. He spoke on the visual impact of the house and feels the scale and design of the house is complimentary to the adjoining houses and the neighborhood in general. Discussion was held on protection of trees and design and placement of house. There being no one else from the audience wishing to speak on the issue, Mrs. Benjamin moved public hearing be closed. Mr. Hamilton seconded. Carried by vote of four ayes. Mr. Ventura was absent. Discussion was held on the dimensions of the lot and the design of the building. After further discussion Mrs. Benjamin moved to remand this back to DRC to look at alternative designs and redesign to save trees. Mr. Ferrito seconded and added that house is to large for the lot and that should be addressed. Maker of motion accepted that addition. Carried by vote of four ayes. Mr. Ventura was absent. Mr. Hamilton stated he would like to know what Planning meant in their referral to affordable housing as he doesn't see that as a goal and wants to go on record as saying that is not the way to obtain affordable housing. Mayor Carlson asked staff to report back to Planning Commission that if they are going to take action re affordable housing, then they should make in clear whether that is affordable purchase housing or affordable rental housing and need that to be very clear. RESPONSE TO GRAND JURY Mayor Carlson stated he is requesting modification of response to presiding Judge of Grand Jury in that as Treasurer of the Town has not prepared a job description as requested and the Mayor and Manager will prepare one but feels the Judge should be made aware that the Council had certainly tried to get Treasurer to do this but to no avail. Discussion was held re training for new Council members and it was noted by the Mayor that we are certainly willing to have that. After further discussion and by consensus motion it was agreed to have Mayor send response as was discussed tonight. POLICY - MANAGER & ATTORNEY MEETING ATTENDANCE Discussion was held and Council could see no need to approve meetings attended by the Town Manager and Town Attorney as eligible for expense reimbursements as long as they receive a monthly report on said meetings attended AMENDMENTS TO TOWN LANDSCAPING POLICES Mrs. Benjamin moved for the adoption of Resolution No. 1987-210 entitled, A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS CONCERNING LANDSCAPING POLICIES FOR NEW DEVELOPMENT. Mr. Hamilton seconded. Carried by vote of three ayes. Mr. Ferrito and Mr. Ventura were absent. Mr. Bryant answered questions of Council re the updated tree list. MAYOR'S APPOINTMENTS Mayor Carlson presented copy of Council Committee appointments for the next year. This was accepted by Council and it was stated that any changes could be made at a later date. Mr. Ventura will be representative on all the Route 85 committees, and serve on the Policy Advisory Board for Vasona Court. ADJOURNMENT Mr. Hamilton moved meeting be adjourned at 9:55 p.m.. Mrs. Benjamin seconded. Carried by vote of four ayes. Mr.Ventura was absent. ATTEST: Rose E. Aldag Town Clerk