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M 03-06-89TOWN OF LOS GATOS CALIFORNIA TOWN COUNCIL/PARKING AUTHORITY MARCH 6, 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 7:35 p.m., Monday, March 6, 1989, in regular session. ROLL CALL PRESENT: Eric D. Carlson, Thomas J. Ferrito, Robert L. Hamilton, Brent N. Ventura and Mayor Joanne Benjamin. ABSENT: None PLEDGE OF ALLEGIANCE Given by all in attendance. APPOINTMENTS/MUSEUM COMMISSION/DON DODSON Application was received from Don Dodson for one of two vacancies on the Museum Commission. Voting was held and Mr. Dodson was appointed to fill one of the vacancies. Term to expire May 1, 1991. 1988 TREE CITY USA AWARD/PRESENTATION Mr. Dave Soho of the California Department of Forestry presented the Town of Los Gatos with the 1988 Tree City USA Award. Mayor Benjamin accepted the award and flag and thanked Mr. Soho for our nine years of recognition from the department. JOHN LIEN/PLANNING COMMISSION/PRESENTATION Mayor Benjamin announced a Commendation for John Lein who was not present to receive it. 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 54956.9(a) discussion was held regarding Town v. Sharit. There is no report at this time. Pursuant to Government Code Section 54956.9(c) in the matter of Institution of Litigation regarding Forrester Road, there is no report at this time. Council also met to discuss a personnel matter and there is no report at this time. SCHEDULE OF PUBLIC HEARINGS Informational report to Council regarding upcoming scheduled public hearings. COUNTY REFERRALS Mr. Ventura moved to direct staff to forward a recommendation of approval to Santa Clara county with a condition that the siding of an addition will match the existing building for building for referral 3487-28-50-88AP-8P-89A, College Ave., Irwin Architectural Partnership, Architecture and Site. Mr. Hamilton seconded. Carried unanimously. The remainder of the report was for information only. COUNCIL CALENDAR Informational report to Council regarding upcoming scheduled public meetings. PAYROLL RATIFICATION/PAID FEBRUARY 24, 1989/RELATED WARRANTS Mr. Ventura moved for ratification of payroll in the amount of $185,608.71, payroll related warrants in the amount of $78,248.72 and accompanying check registers for payroll of February 5 to February 18 paid on February 24, 1989. Mr. Hamilton seconded. Carried unanimously. PLANNING COMMISSION/PLANNING DEPARTMENT/MONTHLY REPORT Informational report to Council from staff and commission. PARKING PROHIBITION/EAST MAIN STREET (CIVIC CENTER)/SANTA CLARA TRANSPORTATION Mr. Ventura moved that the request for additional parking restrictions from the Santa Clara Transportation Agency for East Main Street (Civic Center) be denied. Mr. Hamilton seconded. Carried unanimously. SIDEWALK SALES 1989/CHAMBER OF COMMERCE Mr. Ventura moved to grant the Chamber's request subject to the following conditions: The use of the Town Plaza shall be coordinated with the Police and Parks Department; There shall be no sale or consumption of alcoholic beverages; Amplified music shall not exceed the noise tolerance levels of the noise ordinance. Mr. Hamilton seconded. Carried unanimously. SAN FRANCISCO BAY AREA RIDGE TRAIL/RESOLUTION 1989-28 Mr. Ventura moved for Council to adopt Resolution No. 1989-28 entitled, A RESOLUTION OF THE LOS GATOS TOWN COUNCIL SUPPORTING THE CONCEPT OF THE SAN FRANCISCO BAY AREA RIDGE TRAIL indicating the Town's support for the concept and participation with other jurisdictions in the completion of the Ridge Trail. Mr. Hamilton seconded. Carried unanimously. COMMENDATION/SARA ANDERSON/MUSEUM COMMISSION/RESOLUTION 1989-29 Mr. Ventura moved for Council to accept with regrets the resignation of Sara Anderson from the Museum Commission authorizing the Town Clerk to advertise the vacancy and schedule interviews for April 17, 1989, and to adopt Resolution No. 1989-29 entitled, A RESOLUTION OF THE TOWN OF LOS GATOS COMMENDING SARA ANDERSON OF THE LOS GATOS MUSEUM COMMISSION. Mr. Hamilton seconded. Carried unanimously. COMMENDATION/ERIN HICKEY/COMMUNITY SERVICES COMMISSION/RESOLUTION 1989-30 Mr. Ventura moved for Council to accept with regrets the resignation of Erin Hickey from the Community Services Commission authorizing the Town Clerk to advertise the vacancy and schedule interviews for April 17, 1989, and to adopt Resolution No. 1989- 30 entitled, A RESOLUTION OF THE TOWN OF LOS GATOS COMMENDING ERIN HICKEY OF THE LOS GATOS COMMUNITY SERVICES COMMISSION. Mr. Hamilton seconded. Carried unanimously. NATIONAL COMMUNITY DEVELOPMENT WEEK/RESOLUTION 1989-31 Mr. Ventura moved for Council to adopt Resolution No. 1989-31 entitled. A RESOLUTION OF THE TOWN OF LOS GATOS DESIGNATING THE WEEK OF MARCH 25-31, 1989 AS NATIONAL COMMUNITY DEVELOPMENT WEEK in coordination with other cities in Santa Clara County, Mr. Hamilton seconded. Carried unanimously. 167 VILLA AVE./APPEAL DENIAL V-86-6/U-86-19/S-65-14A/CHARLES TUZAR/RESOLUTION 1989-32 Mr. Ventura moved the adoption of Resolution No. 1989-32 entitled, RESOLUTION OF THE TOWN OF LOS GATOS DENYING APPEAL OF PLANNING COMMISSION DECISION DENYING PERMISSION TO MAINTAIN A DRIVEWAY LESS THAN REQUIRED WIDTH, MAINTAIN AN EXISTING 14-UNIT APARTMENT BUILDING, AND APPROVAL OF PLANS TO CONSTRUCT A NINE-SPACE PARKING LOT ON PROPERTY IN THE R-M:5-12 ZONE, which incorporates the Council findings and decision of meeting February 21, 1989. Mr. Hamilton seconded. Carried with a vote of 4 ayes. Mr. Hamilton voted no. ZONE CHANGE/ORDINANCE 1783 Mr. Ventura moved adoption of Ordinance No. 1783 entitled, AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING ORDINANCE 1572 WHICH AMENDED THE ZONING ORDINANCE EFFECTING ZONE CHANGE NO. 53 FROM R-1:8-PD which was introduced at the Town Council meeting of February 21, 1989. Mr. Hamilton seconded. Carried unanimously. COMMISSIONERS/PROCEDURES OF REMOVAL/ORDINANCE 1784 Mr. Ventura moved adoption of Ordinance No. 1784 entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING SECTION 2-30 OF THE TOWN CODE AND ADDING SECTION 2.55 RELATING TO REMOVAL OF BOARD AND COMMISSION MEMBERS which was introduced at the Town Council meeting of February 21, 1989. Mr. Hamilton seconded. Carried by a vote of 4 ayes. Mr. Ventura voted no, due to respect for the commissioners. ANNEXATION/LA RINCONADA #4/RESOLUTION 1989-33/PUBLIC HEARING Mayor Benjamin stated that this was the time and place duly noted for public hearing regarding the annexation to the Town of Los Gatos of the territory designated as La Rinconada #4. Seeing there was no one from the audience to speak to this issue, Mr. Ferrito moved to close the public hearing. Mr. Ventura seconded. Carried unanimously. Mr. Ferrito moved adoption of Resolution No. 1989-33 entitled, A RESOLUTION MAKING A FINDING REGARDING THE VALUE OF WRITTEN PROTESTS FILED AND NOT WITHDRAWN AND ORDERING THE ANNEXATION OF CERTAIN UNINHABITED TERRITORY DESIGNATED AS LA RINCONADA #4 TO THE TOWN OF LOS GATOS, Council finding that there were no protests from the land owners. Mr. Ventura seconded. Carried unanimously. COMMUNITY DEVELOPMENT BLOCK GRANTS/FISCAL YEAR 1989-90/PUBLIC HEARING Mayor Benjamin stated that this was the time and place duly noted for public hearing concerning the consideration of the allocation of Community Development Block Grants for Fiscal Year 89/90, in the amount of $148,860.00. The following spoke on this issue: Ellen Graff, representing Community Services Commission, spoke for the need of approval of this budget allocation. Cynthia McCown, Program Coordinator for Operation Brown Bag, thanked the Council for their concern and effort. Leta Friedlander, Director of Live Oak Adult Day Services, thanked the Commission for the effort put into the study this year. Robert LaMarche, Program Director of Shared Housing Project, asked for continued consideration for this program. Janet King-Goth, Director of the Senior Coordinating Council of Los Gatos, thanked Council for its past support. Donna Donahue, Long Term Care Ombudsman Program, expressed thanks on behalf of 937 nursing care residents in Los Gatos. Phyllis Connolly, Coordinator for Nurse Manager Centers from San Jose State, thanked the Town of Los Gatos and the Community Services Commission.There was no one else from the audience who wished to speak on the issue. Mr. Carlson moved to close the public hearing. Mr. Ferrito seconded. Carried unanimously. Mr. Carlson moved for Council to support the Community Services Commission recommendations for the allocation of Community Development Block Grant funds as shown in Attachment "A". Mr. Ferrito seconded, commenting that this was a source of satisfaction and pride for the Town of Los Gatos to be able to allocate these funds to non-profit agencies with such smoothness, recognizing the efforts of Community Services. Carried unanimously. Mayor Benjamin asked Ellen Graff to relay "Thanks" from Council to Community Services for their efforts. 16060 CERRO VISTA DR.S-88-58/OW:BREZOCZKY/AP: BALABAN/PUBLIC HEARING Mayor Benjamin stated that this was the time and place duly noted for public hearing to consider appeal of Planning Commission's approval for the construction of a single family residence in the HR-1 zone, Architecture and Site Application S-88-58. Property located at 16060 Cerro Vista Drive. Owner B. Brezoczky. Appellant, Mark B. Fredkin, Attorney-in-Fact for Dr. and Mrs. Balaban. The following from the audience spoke on the issue Mark Fredkin, Attorney for Balaban, believes that Planning Commission did not have sufficient information to make decision. Timothy Lundell, Attorney for Brezoczky 1065 Asbury St., San Jose, states that there is no new information to cause denial of plans. Dennis Burrow, Architect, 23895 Summit Rd., spoke for the design and the several locations that had been considered. Blasius Brezoczky, owner of property, 6836 Eldridge Dr., San Jose, said he had talked to Mr. Balaban and said he would keep his roof line lower than the water tank. Cindy Shanker, Cerro Vista #8, spoke in favor of the owner's plans. Ervie Smith-Brewick, Cerro Vista resident, in favor of Mr. Brezoczky's plans. Karen Lee, Cerro Vista #7, bought below Mr. Brezoczky's proposed site and is not infavor of this change in plans. Jeff Paine, submitted a report and plans for the easterly side of lot #4. Robert Rice, Cerro Vista resident, lives to the east of the proposed building sites ad is in favor of Mr. Brezoczky's modest plans for the building site. No one else from the audience wished to speak to the issue. Mr. Carlson moved to close the public hearing. Mr. Hamilton seconded. Carried unanimously. Mr. Ventura moved that the decision of the Planning Commission be affirmed and the appeal be denied due to the fact that the applicant had met the Town's standards. Mr. Hamilton seconded. Carried with a vote of 3 ayes. Mr. Carlson and Mr. Ferrito voted no, stating that new information had been submitted and that Planning Commission should be given the opportunity to review it. RECESS Mayor Benjamin declared a ten minute recess at 10:00 p.m. The meeting resumed at 10:10 p.m. 16920 FARLEY ROAD/APPEAL DENIAL/A-88-14/OW: EVELYN WATSON/PUBLIC 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. Appellant: Evelyn Hart Watson. Edison Miller, 3396 Stevens Creek Blvd., Attorney for Mrs. Watson, spoke in favor of the permit, asking hat 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. Mr. Ventura moved to continue this hearing to May 1, 1989. Mr. Hamilton seconded. Carried unanimously. 15894 WINCHESTER BLVD/APPEAL DENIAL/SECONDARY UNIT/OW: ELEANOR MATTIUZ/PUBLIC 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 approval of a secondary dwelling unit on property in the "O" (office) zone. Property located at 15894 Winchester Blvd. Property owner: Eleanor Mattiuz. Eleanor Mattiuz, 16640 Kennedy Rd, addressed the fact that she was confused as to the process and had not filed in a timely fashion. Toni Blackstock, 16640 Kennedy Rd, asked questions regarding the procedures that were not followed by the appellants. Melanie Boufette, 15894 Winchester Blvd., a resident of the unit spoke to the reasonableness of rent and the desire to remain in the unit for herself and her son. No one else from the audience wished to speak the issue. Mr. Ventura moved to close the public hearing. Mr. Carlson seconded. Carried unanimously. Mr. Carlson moved to grant the appeal based on the fact that applicants did submit their application for two units and they are now willing to comply to all regulations, that there was no clear intent to defraud, and that the units are not in an area adverse to secondary units. Mr. Hamilton seconded, stating that this action meets Council's goals of bringing secondary units up to health and safety standards. Carried by a vote of 3 ayes. Mayor Benjamin supporting in order to protect units which are supplying affordable housing in our Town. Mr. Ventura and Mr. Ferrito voted no, stating that there is no ordinance if each issue is dealt with in an Ad Hoc manner, and that this item is not a new application. Mr. Carlson moved to ask Planning Commission to proceed with action on the other unit addressing the findings made in the original motion. Mr. Hamilton seconded. Carried by a vote of 3 ayes. Mr. Ventura and Mr. Ferrito voted no. PARKING STRUCTURE/ELM ST. & GRAYS LANE/U-86-23B/S-86-55B/PUBLIC HEARING Mayor Benjamin stated that this was the time and place duly noted for public hearing to consider conditional use permit application U-86-23B and Architecture and Site application S-86-55B, requesting approval of revised plans for the construction of a two- level parking structure to be constructed between Elm St. and Grays Lane along the former S.P. right- of-way. Initiated by: Town of Los Gatos. Rex Morton, 51 University Ave., Chairman of Parking Commission, asked for the approval of the designs. Dave LaVelle, Brian Kanges Foulk, 2149 0'Toole Avenue, San Jose, addressed the design of the project and questions put to him by Council. No one else from the audience wished to speak. Mr. Carlson moved to close the public hearing. Mr. Ventura seconded. Carried with a vote of 3 ayes. Mr. Hamilton and Mr. Ferrito abstained. Mr. Carlson moved to concur with the Planning commission's recommendation to approve the revised plans for the construction of Lot 4 and to make the following findings required by Section 5.20.210 of the Zoning Ordinance for granting a Conditional Use Permit: 1.The proposed uses of the property are essential or desirable to the public convenience or welfare since it will provide much sorely needed parking spaces for the community. 2.The proposed uses will not impair the integrity and character of the zone because the railroad right-of-way is currently being used for parking. 3.The proposed uses of the property are in harmony with the various elements or objectives of the General Plan, the Downtown Commercial Zone and is consistent with the parking program identified in the Downtown Specific Plan. Mr. Ventura seconded with the following amendments: #4 be modified so that the intrusion of lights into residential neighborhoods shall be minimized but at the same time providing adequate safety: #12 reflect that final landscaping plans, subject to approval by Council Committee and staff, be submitted. Carried by a vote of 3 ayes. Mr. Hamilton and Mr. Ferrito abstained. WEED ABATEMENT/PUBLIC HEARING/RESOLUTION 1989-34 Mayor Benjamin stated that this was the time and place duly noted for public hearing declaring weeds a public nuisance and providing for their abatement. No one from the audience wished to speak to this issue. Mr. Carlson moved to close the public hearing. Mr. Ventura seconded. Carried unanimously. Mr. Hamilton moved that Council adopt Resolution No. 1989-34 entitled, A RESOLUTION OVERRULING OBJECTIONS AND ORDERING ABATEMENT OF WEEDS AS A PUBLIC NUISANCE. Mr. Carlson seconded. Carried unanimously. MINUTES OF FEBRUARY 6, 1989 Mayor Benjamin requested page 4, Long's Drug, reflect those speakers who were associated with the store. Mayor Benjamin requested page 5, Long's Drug, reflect votes on line 12 and line 19. Mayor Benjamin requested page 5, Mt. Mike's, reflect those words in headings of the hearing issue. Mr. Carlson moved approval of the minutes as amended. Mr. Ventura seconded. Carried unanimously. MINUTES OF FEBRUARY 13, 1989 Mr. Ferrito requested page 5, Alcohol License Application, reflect that no action was not required on this item but that consensus for notifying ABC of applicant's past violations be accepted by Council. Mr. Ventura requested page 6, State Route 17 Cost Sharing, reflect the following suggestions: the deciding body should have one representative from our council; Los Gatos will not contribute if the private contribute sues the Town over extension of their use permit and/or fails to contribute their share. Mr. Ventura requested page 6, Commissioner Removal, reflect the reason for his nay vote, stating that the commissioners were volunteers who gave a great deal of time to the Town and deserved our consideration and respect. Mayor Benjamin requested page 3, Action Route 85, reflect half interchange at Winchester have an easterly service directed toward Bascom designed for Winchester population service only. Mayor Benjamin requested page 4, Minutes of January 23, 1989, regarding Hilow Road improvements, reflect that CIP was not approved, study is ongoing, and there was unanimous support for the action. Mr. Ventura moved to accept the minutes as corrected. Mr. Hamilton seconded. Carried unanimously. MINUTES OF FEBRUARY 27, 1989 Mr. Ferrito moved the minutes be approved as submitted. Mr. Hamilton seconded. Carried unanimously. TREASURER'S REPORT/JANUARY 31,1989 Informational report to Council regarding investment activity of the Town. UNDERGROUNDING UTILITIES/GRAYS AND BOONE LANES/PARKING STRUCTURE Mr. Carlson moved that Council authorize a supplemental appropriation of $26,500 to underground the utilities on Grays Lane from the unallocated beginning fund balance of construction tax utility fund. Mr. Ventura seconded. Carried unanimously. URGENCY ORDINANCE 1785/ZONING ORDINANCE SEC.3.40.110/OFF-STREET PARKING LOTS Mr. Carlson moved to direct the Planning Commission and Parking Commission to develop a revenue collection plan pursuant to Implementation Section IV B.3.c of the Downtown Specific Plan which would include a recommendation for a permanent ordinance amendment to replace Section 3.40.110 of the Zoning Ordinance. Seconded by Mr. Ventura. Carried by a vote of 3 ayes. Mr. Ferrito and Mr. Hamilton abstained. Mr. Carlson moved to make findings pursuant to Government Code Section 65858, that the Los Gatos Town Council hereby finds that there is a current and immediate threat to the public health, safety and welfare in that Section 3.40.110 of the Zoning Ordinance requires that privately owned off-street parking spaces be operated without charge and may not be operated commercially or under a validation system and said section would prevent owners of property with on-site parking from controlling the use of their parking spaces while the Parking Assessment District improvements are being constructed which would create a threat to public health, safety and welfare as set forth in Section I of the Ordinance. Mr. Ventura seconded. Carried unanimously. Mr. Carlson moved to waive the reading. Mr. Ventura seconded. Carried unanimously. Town Clerk read the title of the Ordinance. Mr. Carlson moved to introduce and adopt Ordinance No. 1785 entitled, URGENCY INTERIM ZONING ORDINANCE TO TEMPORARILY SUSPEND SECTION 3.40.110 OF THE ZONING ORDINANCE CONCERNING COMMERCIAL OPERATION OF PARKING SPACES. Seconded by Mr. Ventura. Carried unanimously. Mr. Carlson moved to instruct the Town clerk to schedule a public hearing for April 17, 1989 to extend the ordinance for ten months and 15 days. Mayor Benjamin seconded. Carried unanimously. ADJOURNMENT Mr. Carlson moved the meeting be adjourned at 11:40 p.m. Mr. Ferrito seconded. Carried unanimously. ATTEST: MARIAN V. COSGROVE TOWN CLERK