Loading...
M 05-01-89TOWN OF LOS GATOS, CALIFORNIA. TOWN COUNCIL/PARKING AUTHORITY MAY 1, 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 7:32 p.m., Monday, May 1, 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/MUSEUM COMMISSION/JAMES GRUPP/LYN PICKENS- PACKARD Applications were received from James Bromiley Grupp and Lyn M. Pickens-Packard for two vacancies on the Museum Commission. Voting was held and both applicants were appointed to fill the positions. Terms to expire May 1, 1992. PRESENTATIONS/CHIROPRACTIC SOCIETY/MICHAEL MC MURRAY Mayor Benjamin presented a Proclamation form the Town of Los Gatos for "Good Posture Month" and "Chiropractic Wellness Week" to Mr. Michael F. McMurray, D.C. representing the Santa Clara Chiropractic Society. CLOSED SESSION Mary Jo Levinger, Town Attorney, reported that Council had met in closed Session prior to this evening's meeting, pursuant to Government Code Section 54956.9(a) in regard to Pending Litigation. The case of Farwell versus Town was not discussed. The case of Town versus VMS was discussed and there is no report from that discussion. Council also met pursuant to Government Code Section 54956.9(c) in regard to Institution of Litigation regarding Forrester Road and there is no report on that discussion at this time. The matter of Institution of Litigation in regard to Eminent Domain regarding the Parking Structure was not discussed. Council also met in regard to Government Code Section 54956.8 to consider the sale of Charles Street property (APN 529-22-28) and there is no report at this time regarding this discussion. Council did not discuss the Labor Relations item. PROJECT 8803/SIDEWALK RECONSTRUCTION/WEHNER CONSTRUCTION/CONTRACT Motion by Mr. Ferrito to award contract for sidewalk reconstruction to the low bidder, R.H. Wehner Construction, in the total estimated amount of $65,014.00; to authorize a contract change order adding two areas to the reconstruction project; to authorize Town Manager to sign the contract on behalf of the Town. Seconded by Mr. Ventura. Carried by a vote of 4 ayes. Mr. Carlson absent. Mr. Ventura added comment for the record to request staff to work with neighbors, in advance and during project, to help alleviate potential problems. SCHEDULE OF PUBLIC HEARINGS Informational report to Council regarding upcoming scheduled public hearings. COUNCIL CALENDAR OF MEETINGS Informational report to Council regarding upcoming scheduled meetings. PAYROLL RATIFICATION/PAID APRIL 21, 1989/RELATED WARRANTS Motion by Mr. Hamilton for ratification of payroll in the amount of $183,908.22, payroll related warrants in the amount of $110,718.48 and accompanying check registers for payroll of April 2 to April 15 paid on April 21, 1989. Seconded by Mr. Ventura. Carried by a vote of 4 ayes. Mr. Carlson absent. PLANNING COMMISSION/PLANNING DEPARTMENT/MONTHLY REPORT Informational report to Council from staff and commission. 542-548 NORTH SANTA CRUZ AVE/SARA CENTER/U-88-7/OW: MC ELROY/RESOLUTION 1989-59 Motion by Mr. Hamilton to adopt Resolution 1989-59 entitled, RESOLUTION OF THE TOWN OF LOS GATOS DENYING APPEAL OF PLANNING COMMISSION DENIAL OF CONDITIONAL USE PERMIT APPLICATION REQUESTING PERMISSION TO OPERATE A RESTAURANT WITH THE SALE OF BEER AND WINE AND OUTDOOR SEATING ON PROPERTY IN THE LM ZONE, which incorporates the Council findings and decision at its meeting of April 17, 1989, with amendment that plans for specific restaurant plan seating arrangement would have to be submitted through Planning. Seconded by Mr. Ventura. Carried by a vote of 4 ayes. Mr. Carlson absent. FAR/FLOOR AREA RATIO/ZONING ORDINANCE AMENDMENT/ORDINANCE 1789 Motion by Mr. Hamilton to adopt Ordinance 1789 entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONING ORDINANCE CONCERNING FLOOR AREA RATIOS FOR SINGLE AND TWO-FAMILY DWELLINGS, DEMOLITION OF HISTORIC STRUCTURES AND PARKING REQUIREMENTS FOR ADDITIONS TO SINGLE FAMILY DWELLINGS, which was introduced at the Town Council meeting of April 24, 1989. Seconded by Mr. Ventura. Not carried by a vote of 2 ayes by Mr. Ventura and Mr. Ferrito, and a vote of 2 noes from Mr. Hamilton and Mayor Benjamin. Mr. Carlson absent. POLICE/SECOND RESPONSE/TOWN CODE 17-43/ORDINANCE 1790 Motion by Mar. Hamilton to adopt Ordinance 1790 entitled, ORDINANCE OF THE TOWN OF LOS GATOS ENACTING SECTION 17-43 OF THE TOWN CODE OF LOS GATOS PERTAINING TO SECOND POLICE RESPONSE, which was introduced at the Town Council meeting of April 17, 1989. Seconded by Mr. Ventura. Carried by a vote of 3 ayes. Mr. Ventura abstained due to previous absence. Mr. Carlson absent. This item was continued to May 15, 1989. POLICE/ALCOHOLIC BEVERAGES/TOWN CODE 17-44/ORDINANCE 1791 Motion by Mr. Hamilton to adopt Ordinance 1791 entitled, AN ORDINANCE OF THE TOWN OF LOS GATOS ENACTING SECTION 17-44 OF THE TOWN CODE OF LOS GATOS PERTAINING TO PERSONS UNDER THE AGE OF 21 WHO POSSESS OR CONSUME ALCOHOLIC BEVERAGES ON PRIVATE PROPERTY NOT OPEN TO THE PUBLIC, which was introduced at the Town Council meeting of April 17, 1989. Seconded by Mr.Ventura. Carried by a vote of 3 ayes. Mr. Ventura abstained due to previous absence. Mr. Carlson absent. HEARING 14720 BLOSSOM HILL ROAD/U-88-15/OW: AYALA/AP: LYANG/APPEAL PC DENIAL/HEARING Mayor Benjamin stated that this was the time and place duly noted for public hearing to consider appeal of Planning Commission denial to operate a residential care facility on five acres of property under contract as open space pursuant to the California Land conservation act of 1965 (Williamson Act) in the RC Zone. Conditional Use Permit: U-- 88-15. Property: 14720 Blossom Hill Road. Owner: Mr. and Mrs. Angel Ayala. Applicant: Joyce Lyang. Staff and applicant requests continuance to May 15, 1989. No one in the audience wished to address this issue. Motion by Mr. Ventura to continue this item until May 15, 1989. Seconded by Mr. Hamilton. Carried by a vote of 4 ayes. Mr. Carlson absent. HEARING. PUBLIC ART/ORDINANCE INTRODUCTION/HEARING Mayor Benjamin stated that this was the time and place duly noted for Public Hearing to consider the introduction of Public Art Ordinance for establishing a program of public and visual art projects in the Town. Staff and Council recommends continuance to June 13, 1989. No one else from the audience wished to speak to the issue. Motion by mr. Ventura to continue this item to June 13, 1989. Seconded by Mr. Hamilton. Carried by a vote of 4 ayes. Mr. Carlson absent. 1620 FARLEY ROAD/APPEAL PC DENIAL/A-88-14/OW: WATSON/HEARING Mayor Benjamin stated that this was the time and place duly noted for public hearing to consider an appeal of Planning Commission's denial of request for Zoning Ordinance amendment A-88-14, a consideration to allow a caretaker's residence in the R-1 zone with a Conditional Use Permit. Property: 16920 Farley Road. Appellant: Evelyn Hart Watson. The following people from the audience spoke to the issue: Edison Miller, 3396 Stevens Creek Blvd., Attorney for Mrs. Watson, spoke in favor of the permit, asking that caretaker's units be considered for zoning in Town. Evelyn Hart Watson, 16920 Farley Road, asked for her plans to be considered so that she could leave her property to the Youth Science Institute or to the Town for a museum site and have a caretaker for her property at this time. No one else from the audience wished to speak to this issue. The record shows Mr. Carlson arrived at 8:05 p.m. Motion by Mr. Ventura for consensus to send the issue of caretaker's residences back to Planning Commission. Motion withdrawn. Motion by Mr. Ferrito to close the hearing. Seconded by Mr. Ventura. Carried by a vote of 3 ayes. Mr. Hamilton voted no. Mr. Carlson abstained. Motion by Mr. Ferrito to uphold the Planning Commission's decision denying the request for the Zoning Ordinance Amendment. Seconded by Mr. Ventura. Failed by a vote of 2 ayes. Mr. Hamilton and Mayor Benjamin voted no. Mr. Carlson abstained. The Planning Commission's decision was upheld. 16510 HARWOOD ROAD/M-87-9A/OW: FALTERSACK/APPEAL PC DENIAL/HEARING Mayor Benjamin stated that this was the time and place duly noted for public hearing to consider appeal of Planning Commission's denial of Subdivision Application M-87-9A requesting approval of a two-lot subdivision and permission to reduce minimum land area required for each dwelling unit on 2.01 acres of property in the HR-1 zone. Property: 16510 Harwood Road. Owner: Fred Faltersack. The following from the audience addressed the Council: Fred Faltersack, 125 Alerche Dr. or 16510 Harwood Rd., spoke in favor of his proposals for subdivision, asking Council to consider the options he had stated previously. No one else from the audience wished to address the issue. Motion by Mr. Carlson to allow application of slope density transfer, in this particular case, in order to permit the applicant to add property to his property and to be able to use all of the subdivisions on Alerche drive in computing the slope density ratio for this area. Seconded by Mr. Hamilton. Carried by a vote of 3 ayes. Mr. Ferrito and Mr. Ventura voted no. Motion by Mr. Ventura to uphold the Planning Commission's decision and deny Subdivision Application M-87-9A. Seconded by Mr. Ferrito. Carried unanimously. Motion by Mr. Carlson to allow the applicant the time to reapply without fees for this particular situation, assuming at such time he has approval of LAFCO to annex to Los Gatos and all conditions have been satisfied so he can apply this policy within sixteen months to the Planning Commission. Seconded by Mr. Hamilton. Carried by a vote of 3 ayes. Mr. Ferrito and Mr. Ventura voted no. BLACKBERRY HILL ROAD/Z-89-1/OW: MID-PENINSULA/IN: TOWN OF LOS GATOS/HEARING Mayor Benjamin stated that this was the time and place duly noted for public hearing to consider the pre-zoning of a 45-acre parcel located in the unincorporated area generally at the southeasterly end of Blackberry Hill Road to RC (Resource Conservation.) Request for Negative Declaration. Initiator: Town of Los Gatos. The following people from the audience addressed the issue: John Harwood of Blackberry Hill Road, spoke of the access to his property, and the need to be able to maintain the road. Mrs. Cohen of Mirabael Association spoke of the homeowner's concerns relating to road improvements. Jerome Kofoske, 100 Twelve Oaks Road, asked for notification. No one else from the audience wished to address the issue. Motion by Mr. Ventura to close the public hearing. Seconded by Mr. Carlson. Carried unanimously. Motion by Mr. Ventura to have staff arrange meeting between Mid-Peninsula, Trust, and neighbors inorder to address issues brought up this evening, and for information requested regarding resolution of concerns for all involved. Seconded by Mr. Ferrito. Carried unanimously. Motion by Mr. Ventura to find the proposed amendment consistent with the General Plan and the Hillside Specific Plan. Seconded by Mr. Carlson. Carried unanimously. Motion by Mr. Ventura to waive the reading. Seconded by Mr. Carlson. Carried unanimously. The Town Clerk read the Title of the Ordinance. Motion by Mr. Ventura introducing Ordinance entitled, ORDINANCE OF THE TOWN OF LOS GATOS PREZONING 45 ACRE PARCEL LOCATED IN THE UNINCORPORATED AREA GENERALLY AT THE SOUTHEASTERLY END OF BLACKBERRY HILL ROAD TO RC (RESOURCE CONSERVATION), for the purpose of preserving this land as open space. Seconded by Mr. Carlson. Carried unanimously. PARKING ASSESSMENT DISTRICT/EMINENT DOMAIN/RESOLUTION 1989-60/HEARING Mayor Benjamin stated that this was the time and place duly noted for public hearing to consider adoption of resolution of necessity authorizing and directing the Town Attorney to initiate eminent domain proceedings for necessary land acquisitions for the Town of Los Gatos downtown parking assessment district. Mary Jo Levinger, Town Attorney, offered the following statement for the record: This hearing is held pursuant to Code of Civil Procedures 1245.235. A hearing for people whose property is about to be acquired to speak to Council regarding a particular item set forth in staff report. The staff report was submitted for record and so noted by the Town clerk. The desk item received this evening contains a corrected resolution. Three property owners have agreed to the acquisition and have been removed from the resolution of necessity. Those properties are Boyle, 20 Grays Lane; Greco, 54 N. Santa Cruz, and APN 529-03-033. Items listed from the original staff report in order to make the appropriate findings set forth in the recommended section. 1.Town Council Report, 5 pages 2.Resolution 1989-57, A RESOLUTION OF DETERMINATION UNDER DIVISION 4 OF THE STREET AND HIGHWAYS CODE TO PROCEED WITH PROCEEDINGS FOR ACQUISITIONS AND IMPROVEMENTS, TOWN OF LOS GATOS DOWNTOWN PARKING ASSESSMENT DISTRICT. 3.Exhibit A, item 2, indicating improvement of parking lot #4, located in the block bounded by University Ave., Santa Cruz Ave., Grays Lane and Elm approximately 316 parking spaces. This is the property and the question the Council will be proceeding with this evening. 4.Attached to that exhibit is an item which lists the ownership of the property in question. Approximately 84 percent of the property in Parking Lot 4 is already owned by the Town, thus limiting the amount of private property to be acquired to provide the parking structure. 5.Before Council is the Proposed Resolution, original resolution had exhibits A through H, which has now been corrected to delete exhibits F, G and H, concerning the properties that have been previously listed. 6.Attached to the Resolution of Necessity is the legal description of the properties as well as a map showing the particular properties to be acquired. 7.Report does indicate the particular findings the Council is to make concerning the Resolution of Necessity. The staff has provided information, which is now in the record, for Council to make those findings. Acquisition discussions have occurred, the Resolution of Necessity is to go forward this evening. Once actions are filed the Council's acquisition agent, Mr. Don Lawrie, can still speak with any property owners concerning particular prices that may be involved on the property. Town has special counsel to proceed with the eminent domain proceedings as authorized this evening. Mr. Richard Wylie is present and will speak to any particular questions that Council or property owners from the audience may have. Mr. Wylie made a correction to the information that has been submitted to Council. After the sixth Whereas clause in the Resolution should be the following clause: WHEREAS, The Town has provided said owners of such real property or interests therein a written statement of and summary of the basis for the amount established as just compensation for the real property or interest therein; and the Resolution continues as written. That's important because the findings that Council will make must include, under existing law, not only the determination of public need and necessity but also the finding that the government code requirements of presenting a written statement or summary of the basis must also be one of Council's determinations. At this time a toss of the coin was made to make the selection of one of the Councilmembers who had abstained from this issue. There needs to be four Councilmembers voting on this item. The Town Clerk tossed the coin, and Mr. Hamilton was chosen. There was no one from the audience who wished to speak to this issue. Motion by Mr. Carlson to close the hearing. Seconded by Mr. Ventura. Carried by a vote of 4 ayes. Mr. Ferrito abstained. Motion by Mr. Carlson making the following findings: a The public interest and necessity require the acquisition, construction, completion and maintenance by the Town of the Downtown Parking Assessment District Parking Structure, upon, over, across and in certain real property described in the resolution; b.The public interest and necessity require the proposed project to provide approximately 316 additional needed parking spaces for the Downtown: c.The proposed project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury because the Town already owns a significant amount of the property to be included in the area for the location of the proposed parking structure; and d.The property described in the resolution, removing those portions already described previously, is necessary for the proposed project. e.The Town has provided said owners of such real property or interest therein. a written statement of and summary of the basis for the amount established as just compensation for the real property or interest therein. f.The owners of the real property or interest therein sought to be acquired have refused the offer of the amount so established as just compensation for such real property or interest therein. (again noting those three properties described previously) Seconded by Mr.Ventura. Carried by 4 ayes. Mar. Ferrito abstained. Motion by Mr. Carlson to adopt Resolution 1989-60 entitled, RESOLUTION OF NECESSITY AUTHORIZING AND DIRECTING THE TOWN ATTORNEY TO INITIATE EMINENT DOMAIN PROCEEDINGS FOR NECESSARY LAND ACQUISITION FOR THE TOWN OF LOS GATOS DOWNTOWN PARKING ASSESSMENT DISTRICT, authorizing the Town Attorney to take all steps to proceed with legal action to condemn the real property set forth in the resolution as more specifically set forth therein, addressing the corrected resolution, the desk item removing three properties, and all items currently mentioned and before the Council. Seconded by Mr. Ventura. Carried by a vote of 4 ayes. Mr. Ferrito abstained. Mr. Hamilton added a point of discussion mentioning the need of Councilmembers inclusion in closed session even if they must abstain from voting, so that they may be informed if there is ever a need for their participation. BOONE LANE/VACATION/ELM AND GRAYS/RESOLUTION 1989-61/HEARING Mayor Benjamin stated that this was the time and place duly noted for public hearing to consider adoption of resolution ordering the vacation of Boone Lane located between Elm street and Gray's Lane. There was no one from the audience who wished to speak to the issue. Motion by Mr. Carlson to close the public hearing. Seconded by Mr. Ventura. Carried by a vote of 3 ayes. Mr. Ferrito and Mr. Hamilton abstained. Motion by Mr. Carlson to adopt Resolution 1989-61 entitled, ORDER VACATING AN ALLEY CALLED BOONE LANE BETWEEN ELM STREET AND GRAYS LANE. Seconded by Mr. Ventura. Carried by a vote of 3 ayes. Mr. Ferrito and Mr. Hamilton abstained. RIGHT OF WAY AGREEMENTS/ZUCCONI/NELSON/ARMSTRONG/RESOLUTION 1989-62 RESOLUTION 1989-63/RESOLUTION 1989-64 Motion by Mr. Ventura to adopt Resolution 1989-62 entitled, RESOLUTION OF THE TOWN OF LOS GATOS APPROVING RIGHT OF WAY AGREEMENT BETWEEN THE TOWN AND DORIS AND GARY ZUCCONI AND AUTHORIZING TOWN MANAGER TO EXECUTE SAID AGREEMENT. Seconded by Mr. Carlson. Carried by a vote of 3 ayes. Mr. Ferrito and Mr. Hamilton abstained. Motion by Mr. Ventura to adopt Resolution 1989-63 entitled, RESOLUTION OF THE TOWN OF LOS GATOS APPROVING RIGHT OF WAY AGREEMENT BETWEEN THE TOWN AND RAYMOND R. AND PEARL O. NELSON AND AUTHORIZING TOWN MANAGER TO EXECUTE SAID AGREEMENT. Seconded by Mr. Carlson. Carried by a vote of 3 ayes. Mr. Ferrito and Mr. Hamilton abstained. Motion by Mr. Ventura to adopt Resolution 1989-64 entitled, RESOLUTION OF THE TOWN OF LOS GATOS APPROVING RIGHT OF WAY AGREEMENT BETWEEN THE TOWN AND ELTON AND MARIA ARMSTRONG AND AUTHORIZING TOWN MANAGER TO EXECUTE SAID AGREEMENT. Seconded by Mr. Carlson. Carried by a vote of 3 ayes. Mr. Ferrito and Mr. Hamilton abstained. Motion by Mr. Ventura to authorize Town Engineer to accept on behalf of the Town quitclaim deeds from Doris and Gary Zucconi, Raymond R. and Pearl O. Nelson and Elton and Maria Armstrong and authorize the Town Clerk to record the documents. Seconded by Mr. Carlson. Carried by a vote of 3 ayes. Mr. Ferrito and Mr. Hamilton abstained. RIGHT OF WAY AGREEMENT/51 UNIVERSITY AVE/RESOLUTION 1989-65/RESOLUTION 1989-66 Motion by Mr. Ventura to adopt Resolution 1989-65 entitled, RESOLUTION OF THE TOWN OF LOS GATOS APPROVING RIGHT OF WAY AGREEMENT BETWEEN THE TOWN AND 51 UNIVERSITY AVENUE, A PARTNERSHIP, AND AUTHORIZING TOWN MANAGER TO EXECUTE SAID AGREEMENT. Seconded by mr. Carlson. Carried by a vote of 3 ayes. Mr. Ferrito and Mr. Hamilton abstained. Motion by Mr. Ventura to adopt Resolution 1989-66 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING AND DIRECTING THE TOWN TO DISPOSE OF LAND BY A QUITCLAIM DEED TO FACILITATE NECESSARY LAND ACQUISITION FOR THE TOWN OF LOS GATOS DOWNTOWN PARKING ASSESSMENT DISTRICT AND AUTHORIZING MAYOR TO EXECUTE QUITCLAIM DEED. Seconded by Mr. Carlson. Carried by a vote of 3 ayes. Mr. Ferrito and Mr. Hamilton abstained. Motion by mr. Ventura to authorize Town Engineer to accept on behalf of the Town grant deed and grant of easement on behalf of the Town from 51 University Avenue and authorize the Town Clerk to record the documents. Seconded by Mr. Carlson. Carried by a vote of 3 ayes. Mr. Ferrito and Mr. Hamilton abstained. INVESTMENT POLICY/TOWN TREASURER By request of Council this item was continued to May 8, 1989. TREASURER'S REPORT Treasurer's report was submitted and accepted by Council. COUNCIL COMMITTEE REPORTS/LEAGUE OF CALIFORNIA CITIES Mayor Benjamin reported on the League of California Cities and their organization in support of legislation and greater regional control. This organization would be a means of support for local control. Motion by Mr. Carlson to consider Council's interest in the Cities in Santa Clara County forming a section of the League of California Cities to focus on City issues for Santa Clara County, and recommend that this organization be formed only if it is a consolidation and replacement of existing organizations. Seconded by Mr. Ventura. Carried unanimously. 410 N. SANTA CRUZ/ALCOHOL LICENSE TRANSFER/AP: LULLA Mr. Ferrito raised the question as to when non-conforming status of a shopping center expires, and what input can the Council have in regards to the license transfer. Informational item was noted as discussed and filed. ADJOURNMENT Motion by Mr. Carlson to adjourn at 9:50 p.m., to May 8, 1989, at which time the Attorney will put before Council approval of the right-of-way agreements of properties that have settled; and to be heard in closed session at 7:00 p.m., information concerning Ho v. Town of Los Gatos and the closed session items that were not discussed this evening. Mr. Hamilton seconded. Carried unanimously. ATTEST: Marian V. Cosgrove Town Clerk