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M 09-05-89TOWN OF LOS GATOS CALIFORNIA TOWN COUNCIL/PARKING AUTHORITY AGENDA SEPTEMBER 5, 1989 MINUTES TOWN COUNCIL The Town Council/Parking Authority of the Town of Los Gatos met in the Council Chambers of Town Hall, 110 E. Main St., at 7:55 p.m., Monday, September 5, 1989, in regular session. ROLL CALL PRESENT: Thomas J. Ferrito, Robert L. Hamilton, Brent N. Ventura and Mayor Joanne Benjamin. ABSENT:Eric D. Carlson. PLEDGE OF ALLEGIANCE Given by all in attendance. APPOINTMENTS/PLANNING COMMISSION/SUSAN GRIMES/ALLEN RUDOLPH Applications were received from Susan Grimes, John Hogan and Allen Rudolph for the two vacancies occurring on the Planning Commission due to expiring terms. Voting was held and Susan Grimes and Allen Rudolph were reappointed to fill the positions. Terms to expire August 1, 1993. PRESENTATIONS/EMPLOYEE COMMENDATIONS Mayor Benjamin presented the following employees with Commendations for their many years of loyal service and dedication to the Town of Los Gatos: Clarence Delucchi - 30 years Duino Giordano - 20 years Donald Ross - 20 years Ronald Dunn - 15 years Tony Harding - 15 years Lupe Rodriguez - 15 years Elizabeth Ross - 15 years John Pernick - 15 years Jaqueline Spillane - 15 years PRESENTATION/ARTS COMMISSION/JEFFREY D. BROWN Mayor Benjamin presented Jeffrey Brown with a commendation for his service to the Town of Los Gatos while serving as Arts Commissioner from 1986-89. Mary Jo Levinger, Town Attorney, reported that Council had met inClosed Session following the prior Council meeting of August 21, 1989, pursuant to Government Code Section 54956.9(a) to discuss Pending Litigation regarding Ho v. Town Council and Town v. Lake/Faltersack. There is no report at this time. Also discussed under Government Code Section 54956.9(c), Institution of Litigation re: Villa Vasona. there is no report at this time. Council met for Closed Session prior to this evening's meeting, pursuant to Government Code Section 54956.9(a) to discuss Pending Litigation, Kang Ming Ho vs. Los Gatos Town Council, Meyer v. Pang, and Church v. Town. There is no report at this time. Pursuant to Government Code Section 54956.9(c), Institution of Litigation re: Library and Institution of Litigation re: Villa Vasona. There is no report at this time. Council will meet after tonight's meeting to discuss the following items on this evening's agenda under Government Code Section 54956.9(c), Institution of Litigation in regard to Route 85. SCHEDULE OF PUBLIC HEARINGS Council approved informational report regarding currently scheduled public hearings. PLANNING COMMISSION/PLANNING DEPARTMENT/MONTHLY STATUS REPORT Council accepted informational report regarding Planning Commission's monthly activities. COUNCIL CALENDAR OF MEETINGS Council accepted informational review of Council meetings for months of September and October. PAYROLL RATIFICATION/AUGUST 25, 1989 Motion by Mr. Hamilton, seconded by Mr. Ventura, for ratification of payroll in the amount of $209,979.48 and accompanying check registers for the payroll of August 6, through August 19, 1989 paid on August 25, 1989 and those payroll related checks in the amount of $226,322.70 including accounts payable check register in the amount of $101,805.34. Carried by a vote of 4 ayes. Mr. Carlson absent. ALCOHOLIC BEVERAGE LICENSE TRANSFER Motion by Mr. Hamilton, seconded by Mr. Ventura, that Council approve application for the following transfers: 1) 423 N. Santa Cruz Ave., Quality Plus, (Petrini's) 2) 140 N. Santa Cruz Ave., Go Enterprises, (Noodle Palace) Carried by a vote of 4 ayes. Mr. Carlson absent. TRAFFIC CONTROL DEVICES/MASSOL AVE/BEAN AVE Motion by Mr. Hamilton, seconded by Mr. Ventura, that Council approve the two stop signs at the locations shown in staff report as Exhibit "A". Carried by a vote of 4 ayes. Mr. Carlson absent. CDBG/COMMUNITY DEVELOPMENT BLOCK GRANT 1989-90/REVISED ALLOCATION Motion by Mr. Hamilton, seconded by Mr. Ventura, that Council adopt the revised allocation of Community Development Block Grant (CDBG) funds to the Town for Fiscal Year 1989-90 as described in staff report. Carried by a vote of 4 ayes. Mr. Carlson absent. INFORMATION AND REFERRAL SERVICES/ANNUAL REPORT/FISCAL YEAR 1988-89 Council accepted informational report regarding Information and Referral Services, Inc. annual report for fiscal year 1988-89. YOUTH ADVISORY COMMISSION/FISCAL YEAR 1988-89 Council accepted informational report regarding the Youth Advisory Commission's annual report to Council. COUNCIL ON AGING/RESIGNATION/EGON JENSEN Motion by Mr. Hamilton, seconded by Mr. Ventura, that Council accept the resignation of Egon Jensen from the Council on Aging with regrets, and direct the Town Clerk to advertise an opening for this vacancy through a local publication and with notification to local senior organizations with a closing date of November 1, and interviews to be held by Council November 6, 1989. Carried by a vote of 4 ayes. Mr. Carlson absent. WATER QUALITY STANDARDS/SAN FRANCISCO BAY-DELTA/RESOLUTION 1989-154 Motion by mr. Hamilton, seconded by Mr. Ventura, that Council adopt resolution 1989-154 entitled, RESOLUTION OF THE TOWN OF LOS GATOS ENDORSING SAN FRANCISCO BAY-DELTA WATER QUALITY STANDARDS, and transmit copies to the State Water Resources Control Board, the San Francisco Estuary Project, and the Committee for Water Policy Consensus. Carried by a vote of 4 ayes. Mr. Carlson absent. LAND CONSERVATION BOND ACT OF 1988/GRANT APPLICATIONS/RESOLUTION 1989-166 Motion by Mr. Hamilton, seconded by Mr. Ventura, that Council adopt resolution 1989-166 entitled, RESOLUTION OF THE TOWN COUNCIL, TOWN OF LOS GATOS, APPROVING THE APPLICATION FOR GRANT FUNDS FOR THE PER CAPITA GRANT PROGRAM UNDER THE CALIFORNIA WILDLIFE, COASTAL AND PARK PROGRAM UNDER THE CALIFORNIA WILDLIFE, COASTAL, AND PARK LAND CONSERVATION ACT OF 1988, which addresses the project of Los Gatos and Monte Sereno Park Improvements to be met with the application for grant funds under the provisions of the California Parklands Act of 1980 and Community Parklands Act of 1986. Carried by a vote of 4 ayes. Mr. Carlson absent. VILLA VASONA/PROPERTY AGREEMENT SEPTEMBER 28, 1983/RESOLUTION 1989-167 Motion by Mr. Hamilton, seconded by Mr. Ventura, that Council adopt resolution 1989-167 entitled, RESOLUTION OF THE TOWN OF LOS GATOS APPROVING FIRST AMENDMENT TO AGREEMENT FOR DISPOSITION OF REAL PROPERTY BETWEEN THE TOWN OF LOS GATOS AND VILLA VASONA, LTD. DATED SEPTEMBER 28, 1983 INCLUDING CONDITIONAL ASSIGNMENT OF PARTNERSHIP INTERESTS, which authorizes the Mayor to execute said agreement in the name and in behalf of the Town of Los Gatos. Carried by a vote of 4 ayes. Mr. Carlson absent. BOND SERVICE TAX RATES/FISCAL YEAR 1989-90/RESOLUTION 1989-168 Motion by Mr. Hamilton, seconded by Mr. Ventura, that Council adopt Resolution 1989-168 entitled, RESOLUTION OF THE TOWN OF LOS GATOS FIXING BOND SERVICE TAX RATES FOR FISCAL YEAR 1989-90, which acknowledges that the 1965 Park Bond is eligible for a separate property tax override with total payments due in fiscal year 1989-90 estimated to be $44,900.00 at a tax rate of .0027 necessary to collect sufficient revenue for payment. Carried by a vote of 4 ayes. Mr. Carlson absent. LOMA STREET 16780/OW: HUESBY/S-89-28/RESOLUTION 1989-169 Motion by Mr. Hamilton, seconded by Mr. Ventura, that Council adopt Resolution 1989-169 entitled, RESOLUTION OF THE TOWN OF LOS GATOS GRANTING APPEALS OF PLANNING COMMISSION DECISION GRANTING APPROVAL OF PLANS TO DEMOLISH, REBUILD AND ADD ONTO AN EXISTING SINGLE FAMILY RESIDENCE IN THE 5-1:8000 ZONE AND MODIFYING THE CONDITIONS OF APPROVAL, which incorporates the Council findings and decision at its meeting of August 21, 1989. Carried by a vote of 4 ayes. Mr. Carlson absent. CURB MARKINGS/PARKING REGULATIONS/TOWN CODE CH.16 SEC. 16.61/ORDINANCE 1797 Motion by Mr. Hamilton, seconded by Mr. Ventura, that Council adopt Ordinance 1797 entitled, AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING CHAPTER 16 OF THE TOWN CODE TO AMEND SECTION 16.61 RELATING TO PLACEMENT AND MEANINGS OF CURB MARKINGS FOR PARKING REGULATIONS TOWN WIDE, which was introduced at the Town Council meeting of August 21, 1989. Carried by a vote of 4 ayes. Mr. Carlson absent. ZONING ORDINANCE/REQUIREMENTS FOR ACCESSORY BUILDINGS/ORDINANCE 1798 Motion by Mr. Hamilton, seconded by Mr. Ventura, that Council adopt Ordinance 1798 entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONING ORDINANCE PROVISIONS TO THE REQUIREMENTS FOR ACCESSORY BUILDINGS, which was introduced at the Town Council meeting of August 21, 1989. Carried by a vote of 4 ayes. Mr. Carlson absent. VERBAL COMMUNICATIONS Pat Rothchild, 21536 Old Mine Rd., representative of Lexington Hills Association, addressed the issue of Lake Canyon Annexation, stating a portion of a staff study which suggests that the Hillside Specific Plan could be expanded to include the Lake Canyon area and specific land use policy could be developed that would limit the intensification of land use. Also special findings could be made by LAFCO and Sanitation District 4 without the necessity of annexing the area to the Town. Mr. Ferrito responded that the Town would be reluctant to enter into such agreements with the County unless it can be seen that the County is upholding existing agreements already established with the Town. HEARING BLUEBERRY HILL 128/OW: LA VEQUE/S-89-48/REMOVAL OF SEQUOIA TREE/HEARING Mayor Benjamin stated that this was the time and place duly noted for public hearing to consider the appeal of Planning Commission's decision to uphold a decision of the Planning Director in denying an application to remove a protected Sequoia tree on property in the R-1:10,000 zone, S-89-48. Property: 138 Blueberry Hill. Owner: E.G. La Veque. The following people from the audience addressed this issue: Dr. La Veque, 138 Blueberry Hill, appellant and owner of the tree, explained his need to remove the dying tree. Bob Bryant, Superintendent of Parks, Forestry and Maintenance Services, expressed the opinion that the dying tree might impact the neighboring trees within its environment. No one else from the audience wished to speak to this issue. Motion by Mr. Hamilton, seconded by Mr.Ventura, to close the public hearing. Carried by a vote of 4 ayes. Mr. Carlson absent. Motion by Mr. Ventura, seconded by Mr. Hamilton, to find that the Planning Commission erred in making its decision based on the most recent site inspection information submitted by the Superintendent of Parks, Forestry and Maintenance services which recommends removal, and which was not available to the Commission at the time of their hearing. Carried by a vote of 4 ayes. Mr. Carlson absent. Mr. Ferrito stated for the record that this is a close case but that there are numerous trees on the property to mitigate the loss and this tree is not suited to the location. If he thought the tree was deliberately damaged inorder to thwart Town's decision, he would not vote for the appeal. SHANNON ROAD/S-89-7/OW: TZANAVARAS/HEARING Mayor Benjamin stated that this was the time and place duly noted for public hearing to consider the appeal of a decision to deny a request for approval of plans for the construction of a single-family residence in the RC zone, S--89-7. Property: Shannon Road. Owner: George and Simone Tzanavaras. The following people from the audience addressed this item: George Tzanavaras, owner of property, spoke in favor of his residence and asked for guidelines for changes in size or style. Clyde Beck, Architect for Mr. Tzanavaras, spoke about meeting the hillside requirements and the need for more specifics so he can design the home for his client. He claimed he did not have access to the Blossom Hill Study which define his plans as excessive in style, color and materials. Gentleman from the audience supported Mr. Tzanavaras' desire to build his home and asked for Council approval and direction. No one else from the audience wished to speak to this issue. Motion by Mr. Ventura, seconded by Mr. Hamilton, to close the public hearing. Carried by a vote of 4 ayes. Mr. Carlson absent. Motion by Mr. Ventura, seconded by Mr. Hamilton, to deny the appeal and remand this application, without fee, to the Development Review Committee to determine height reduction, square footage, less visual impact by size reduction and the use of natural exterior materials making home more compatible to its surroundings. A deed restriction would also run with the fifteen acres to prohibit subdivision of property which will help mitigate problems with the Williamson Act. Carried by a vote of 4 ayes. Mr. Carlson absent. FARLEY ROAD 17510/U-89-3/S-89-27/OW: MOORE/APP: KRAMER/HEARING Mayor Benjamin stated that this was the time and place duly noted for public hearing to consider the appeal of a decision of the Planning Commission in denying a request for permission to demolish an existing office structure and to construct a three-unit residential condominium development on property in the "O" (Office) zone, U-89-3 and S-89-27. Property: 17510 Farley Road. Owner: General Moore Applicant: Martin Kramer. Appellant: Terry McElroy. The following people from the audience wished to address this issue: Terry McElroy, 380 Bella Vista Ave., representing Martin Kramer, asking to be allowed to return to allowed to return to DRC and the opportunity to redesign his project to multi-family units which he felt were consistent to the existing zone. John Lein, 190 College Ave., felt hat the residential condominiums would be compatible to this area which is close to downtown facilities and transportation lines. He felt that this proposal was consistent to the General Plan, and that the development would be just three blocks from the Down Town Specific Plan where services would be available to the residents. No one else from the audience wished to speak to this issue. Motion by Mr. Ventura, seconded by Mr. Hamilton, to close the public hearing. Carried by a vote of 4 ayes. Mr. Carlson absent. Mayor Benjamin stated that the Town should do the planning and determine the zone consistent with the good of the Town's General Plan, and the developer should then meet those planned standards. Mr. Ferrito does not feel that market fluctuations should determine zoning and that the Planning Commission decided to zone the area for Office feeling that determination was the best for the Town's General Plan. Office use compatible with residential does not mean residential instead of office. Mr. Ventura supported LM zoning for this area and feels that more resident serving businesses would be appropriate. Mr. Hamilton feels that a transition area is needed and that a project which would blend with residential and office would be beneficial. Motion by Mr. Ferrito, seconded by Mr. Ventura, to deny the appeal and uphold the Planning Commission's decision of denying the application to construct a three-unit residential condominium at 175120 Farley Road. Carried by a vote of 3 ayes. Mr. Hamilton voted no. Mr. Carlson absent. COUNCIL RECESS Mayor Benjamin declared a short recess at 10:;05 p.m. The meeting was called back to order at 10:15 p.m. GREENRIDGE TERRACE 16070/SANTA CLARA COUNTY HEALTH/FAILING SEPTIC/OW:FISH/HEARING Mayor Benjamin stated that this was the time and place duly noted for public hearing to consider Duane and Susan Fish appeal of Santa Clara County Health Officer decision. The following people from the audience spoke in regard to this issue: Sue Fish, 16070 Greenridge Terrace, explained the time and work that has been involved in addressing this issue to neighbors and the County while trying to get this potential health hazard eradicated. Ed Oster, Cummins and White, representing the appellant, reviewed the many avenues that have been explored in trying to eliminate this problem. For the record it was stated that the four councilmembers present this evening had visited the site. Kenneth Mabee, representative for the Fishes, had done disposal systems on- site testing for nitrogen which showed a sewerage problem. He advises an adequate dye study be made which would show the water movement over a period of days to locate the source of the problem. Motion by Mr. Ferrito, seconded by Mr. Ventura, to continue this hearing to September 18, 1989 with the following stipulations: Mayor is authorized to contact Supervisor Wilson's Office inorder to suggest that County drill test wells in the impacted area; Fishes will carry the cost of this study; and that Council held a Hearing and is convinced that there is sewerage entering the Fishes property causing a potential health hazard and appearing to jeopardize the health of some large and old trees. Carried by a vote of 4 ayes. Mr. Carlson absent. PROJECT 8901/HILOW ROAD PATHWAY At a public hearing on December 5, 1988, Council directed staff to prepare a plan that would improve the safety of pedestrians and bicyclists in the area of the narrow pavement along Hilow Road. At the January 20, 1989 meeting, Council approved the construction of an asphalt pathway for the 1989-90 Capital Improvement Program. The following people in the audience wished to address this issue: Diane Hembry, 201 Marchmonmt, desires fencing to protect the trees and higher fencing to protect the privacy of her yard and home. Ed Lozowicki, 223 Rosalie Ct., submitted photographs for the record showing the danger to pedestrians of dropping limbs from the extremely high trees; he also brought up the fact that he has had BB shots come through his windows over the years; and that teen-agers try climbing the fence at the level it is now. Bill Bower, 227 Rosalie Crt., would prefer not to have the road improved but if it is proved he would like the use of option "A", and would like the use of barriers inorder to discourage motorcycles using the improved foot-path. Speaker that could not be heard on the tape. Mr. Ferrito suggested that the eucalyptus are extremely dangerous. They should be taken out, a path put in and new planting introduced. Mayor Benjamin is concerned with the safety issues involved with the improvements on this road and does not believe Town funds should be used for fencing. Mr. Ventura reminded Council that after two very lengthy public hearings two consensus items prevailed: 1) to save the trees, and 2) to put in a pedestrian/bicycle pathway. Mr. Hamilton suggested that the Town prune the trees, remove the encroaching shrubbery, and put in walkways. PAST MIDNIGHT Motion by Mr. Hamilton, seconded by Mr. Ventura, to continue the meeting past midnight. Carried by a vote of 4 ayes. Mr. Carlson absent. Motion by Mr. Ferrito, seconded by Mr. Hamilton, to have staff study the cost of improvements in the fifty foot right-of-way that will maximize privacy, that will allow for the plantings of substitute trees, and design a walkway and bike path including two lanes of traffic. Motion failed with 2 ayes. Mr. Ventura and Mayor Benjamin voted no. Mr. Carlson absent. Motion by Mr. Hamilton, seconded by Mr. Ventura, to have Town trim the trees, place barriers between trees, and remove encroaching landscaping in right-of- way. Carried by a vote of 3 ayes. Mayor Benjamin voted no. Mr. Carlson absent. Mayor Benjamin suggested that residents see staff during the next few days if they have any concerns they wish addressed, and Mr. Ventura stated that nothing would occur on Hilow until all the neighbors on Hilow had been spoken to regarding the improvements. MINUTES OF AUGUST 7, 1989 Mr. Ferrito requested page 8, "Hazardous Waste", to be corrected to Council take no action on EIR, but to reaffirm previous position that the potential Lark Ave. and Winchester site should be deleted. Request to have these minutes brought back for review. MINUTES OF AUGUST 21, 1989 Mr. Ferrito requested page 2, to have the word "approved" changed to "accepted" in that Council accepted the report. Mr. Ferrito requested page 6, "Horse Drawn Carriages", to have his statement read, "Mr. Ferrito addressed animal rights, safety and sanitation issues, feeling that the suggested 30 minutes for waste removal was excessive," and requested to have these minutes brought back for review. TREASURER'S REPORT Treasurer's report was accepted by Council as submitted with a request for additional information from Mr. Hamilton which the Manager said would be supplied. MARIA'S BERRY FARM/RELOCATION OF HOUSE AND TOWER Council accepted recommendation to continue this item to September 18, 1989 to allow the Los Gatos Youth Park, Inc. and the Place for Teens Group an opportunity to discuss the relocation of Maria's Berry farm to New York Ave. and reach mutual resolution as to concerns. BENCHES/IN PUBLIC RIGHT-OF-WAY Motion by Mr. Hamilton, seconded by Mr. Ventura, to approve the recommendations of staff as follows: 1.Refer this matter to the Commercial Specific Plan Committee. This Committee is in its formation stage. As soon as it is formed, this matter will be included on the Committee's Task list for discussion and recommendation. Mr. Ferrito would like the committee to be informed that these are not minimum standards but suggestions to work with. 2.Direct staff to contact the businesses that currently have benches in the public right-of-way and request that the business owners submit applications for Temporary Revocable Encroachment Permits. These permits must be submitted to the Town Council for approval and should be limited to one year. If a permanent solution cannot be adopted within the one year limit, the permits could be extended for an additional six months. Mr. Ferrito would like it to be made clear to the applicants for permits that these are strictly temporary. 3.Be aware of the intensification of use issue regarding eating establishments expanding their seating capacity, as customers move outside to benches with their purchases. Carried by a vote of 4 ayes. Mr.Carlson absent. DEER/RELOCATION OF Council accepted informational report regarding the current deer problem and their relocation. Mr. Hamilton asked if water could be put out for them, but consensus was that this might cause other problems. MOTEBELLO WAY/NAME CHANGE TO/JOHN STEINBECK CIRCLE Staff removed from agenda due to insufficient information to take action. Will be reagendized. ADJOURNMENT Mary Jo Levinger, Town Attorney, announced that the Council was adjourning at 12:30 p.m. to Closed Session pursuant to Government code Section 54956.9(c), Institution of Litigation, concerning Route 85. Council's next Regular Session will take place September 18, 1989. ATTEST: Marian V. Cosgrove Town Clerk