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M 04-01-91TOWN OF LOS GATOS CALIFORNIA TOWN COUNCIL/PARKING AUTHORITY April 1, 1991 Minutes TOWN COUNCIL The Town Council/Parking Authority of the Town of Los Gatos met in the Council Chambers of the Town Hall, 110 East Main Street, at 7:30 p.m., Monday, April 1, 1991, in regular session. ROLL CALL Present:Randy Attaway, Steven Blanton, and Mayor Brent N. Ventura. Absent:Joanne Benjamin, and Eric D. Carlson. PLEDGE OF ALLEGIANCE Given by all in attendance. MOMENT OF SILENCE Mayor Ventura asked that those in the audience give a moment of silence in recognition of our service men, women and civilians in the middle east at this time of crisis. A PLACE FOR TEENS/FUNDING Consensus motion by Council to continue this item to April 15, 1991 for the "Teens" to have time to review the report. SCHEDULE OF PUBLIC HEARINGS Informational report regarding currently scheduled public hearings was received and filed. COUNTY REFERRALS Informational report regarding county referrals was received and filed. PLANNING COMMISSION/PLANNING DEPARTMENT MONTHLY STATUS REPORT Informational report regarding activity of Planning Commission and Department was received and filed. COUNCIL CALENDAR OF MEETINGS TC:D1:MM040191 Informational item presenting future Town Meetings for Council and other Town Boards and Commissions was received and filed. PAYROLL/RATIFICATION/MARCH 1991 Motion by Mr. Blanton, seconded by Mr. Attaway, that Council ratify the accompanying check registers for payroll of March 3 through 16, 1991 in the amount of $210,216.07 paid on March 22, 1991. Carried by a vote of 3 ayes. Mrs. Benjamin and Mr. Carlson absent. TC:D1:MM040191 April 1, 1991 Los Gatos, California ACCOUNTS PAYABLE/RATIFICATION/MARCH 1991 Motion by Mr. Blanton, seconded by Mr. Attaway, that Council ratify accompanying check registers for accounts payable invoices in the amount of $379,791.42 paid on March 15, 22 & 29, 1991. Carried by a vote of 3 ayes. Mrs. Benjamin and Mr. Carlson absent. MARIA'S BERRY FARM/WATER TOWER/RELOCATION/TRAFFIC AUTHORITY Motion by Mr. Blanton, seconded by Mr. Attaway, that Council approve the agreement with the Traffic Authority. Carried by a vote of 3 ayes. Mrs. Benjamin and Mr. Carlson absent. PARKING LOT 4/WASTE CLASSIFICATION Motion by Mr. Blanton, seconded by Mr. Attaway, that Council approve the "Report on Waste Classification Determination for Parking Lot #4 Soil" for submittal to the State Department of Health Services (DOHS). Carried by a vote of 3 ayes. Mrs. Benjamin and Mr. Carlson absent. SIDEWALK SALE-199I/CHAMBER OF COMMERCE Motion by Mr. Blanton, seconded by Mr. Attaway, that Council grant the Los Gatos Chamber of Commerce request subject to the following conditions: 1.)The use of the Town Plaza shall be coordinated with the Police and Parks Departments. 2.)There shall be no sale or consumption of alcoholic beverages. 3.)Amplified music shall not exceed the noise levels contained in the noise ordinance. Carried by a vote of 3 ayes. Mrs. Benjamin and Mr. Carlson absent. EARTHQUAKE PREPAREDNESS MONTH/APRIL 1991/RESOLUTION 1991-48 Motion by Mr. Blanton, seconded by Mr. Attaway, that Council adopt Resolution 1991-48 entitled, RESOLUTION OF THE TOWN OF LOS GATOS RECOGNIZING APRIL 1991 AS EARTHQUAKE PREPAREDNESS MONTH. Carried by a vote of 3 ayes. Mrs. Benjamin and Mr. Carlson absent. MENTAL HEALTH/INFORMATION RELEASE/POLICE DEPART./RESOLUTION 1991-49 Motion by Mr. Blanton, seconded by Mr. Attaway, that Council adopt Resolution 1991-49 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE CHIEF OF POLICE TO ENTER INTO A HOLD HARMLESS AGREEMENT WITH THE COUNTY OF SANTA CLARA REGARDING RELEASE OF CONFIDENTIAL MENTAL HEALTH INFORMATION. Carried by a vote of 3 ayes. Mrs. Benjamin and Mr. Carlson absent. PARKING PROHIBITION/RED CURB/NATIONAL AVE AT LOS GATOS-ALMADEN ROAD RESOLUTION 1991-50 TC:D1:MM040191 April 1, 1991 Los Gatos, California Motion by Mr. Blanton, seconded by Mr. Attaway, that Council adopt Resolution 1991-50 entitled, RESOLUTION OF THE TOWN OF LOS GATOS PARKING PROHIBITION - NATIONAL AVENUE, which prohibits parking on the east side of National Ave. from Los Gatos-Almaden Rd. to approximately 167 feet north of the intersection. Carried by a vote of 3 ayes. Mrs. Benjamin and Mr. Carlson absent. TC:D1:MM040191 April 1, 1991 Los Gatos, California HOUSING PROGRAMS/FUNDING SOURCES/RESOLUTIONS 1991-51, 1991-52, 1991-53 Motion by Mr. Blanton, seconded by Mr. Attaway, that Council adopt Resolution 1991-51 entitled, RESOLUTION OF THE TOWN OF LOS GATOS INCREASING COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS ALLOCATED TO THE TOWN OF LOS GATOS FOR FISCAL YEAR 1991-92 AND RESCINDING RESOLUTION 1991-45. Carried by a vote of 3 ayes. Mrs. Benjamin and Mr. Carlson absent. Motion by Mr. Blanton, seconded by Mr. Attaway, that Council adopt Resolution 1991-52 entitled, RESOLUTION OF THE TOWN OF LOS GATOS APPROPRIATING ADDITIONAL FUNDS TO MID-PENINSULA HOUSING COALITION FOR THE ACQUISITION OF THE PROPERTY ON KNOWLES DRIVE FOR A LOW INCOME HOUSING DEVELOPMENT AND RESCINDING RESOLUTION 1990-247. Carried by a vote of 3 ayes. Mrs. Benjamin and Mr. Carlson absent. Motion by Mr. Blanton, seconded by Mr. Attaway, that Council adopt Resolution 1991-53 entitled, RESOLUTION OF THE TOWN OF LOS GATOS ALLOCATING BELOW MARKET PROGRAM (BMP) HOUSING FUNDS TO AN ELIGIBLE APPROVED APPLICANT FOR THE PURCHASE OF A BMP UNIT LOCATED AT 95 CHURCH STREET, #2303. Carried by a vote of 3 ayes. Mrs. Benjamin and Mr. Carlson absent. HOLLYWOOD AVE 220/EARTHQUAKE DAMAGE/LETTUNICH/RESOLUTION 1991-54 Motion by Mr. Blanton, seconded by Mr. Attaway, that Council adopt Resolution 1991-54 entitled, RESOLUTION OF THE TOWN OF LOS GATOS DENYING APPEAL OF THE EARTHQUAKE RESTORATION COMMITTEE DENIAL OF MODIFICATIONS TO PREVIOUSLY APPROVED PLANS FOR A NEW SINGLE-FAMILY RESIDENCE UNDER CONSTRUCTION IN THE R-1:10 ZONE, ES-89-71A. PROPERTY LOCATED A : 220 HOLLYWOOD AVENUE. OWNER: MARTIN LETTUNICH, which incorporates the Council findings and decision at its meeting of March 18, 1991. Carried by a vote of 3 ayes. Mrs. Benjamin and Mr. Carlson absent. MAIN STREET W. 14/BURNS/BUSINESS LICENSE/PENALTY FEES/RESOLUTION 1991-55 Motion by Mr. Blanton, seconded by Mr. Attaway, that Council adopt Resolution 1991-55 entitled, RESOLUTION OF THE TOWN OF LOS GATOS DENYING APPEAL OF PENALTY FEES IMPOSED UPON BUSINESS LICENSE FOR APARTMENTS. (14 WEST MAIN STREET/DANA ROGERS BURNS , which incorporates the Council findings and decision at its meeting of March 18, 1991. Carried by a vote of 3 ayes. Mrs. Benjamin and Mr. Carlson absent. MAIN STREET E. 270/HANDICAPPED ACCESSIBILITY/PERROTTA/RESOLUTION 1991-56 TC:D1:MM040191 April 1, 1991 Los Gatos, California Motion by Mr. Blanton, seconded by Mr. Attaway, that Council adopt Resolution 1991-56 entitled, RESOLUTION OF THE TOWN OF LOS GATOS GRANTING APPEAL OF THE DIRECTOR OF BUILDING SERVICES DECISION TO REQUIRE ACCESSIBILITY FEATURE. (270 EAST MAIN STREET/CHARLES PERROTTA), which incorporates the Council findings and decision at its meeting of March 18, 1991. Carried by a vote of 3 ayes. Mrs. Benjamin and Mr. Carlson absent. TC:D1:MM040191 April 1, 1991 Los Gatos, California CENTRAL AVE 42/FLORENTINE VILLAGE/HISTORIC OVERLAY ZONE/ORDINANCE 1841 Motion by Mr. Blanton, seconded by Mr. Attaway, that Council adopt Ordinance 1841 entitled, ORDINANCE OF THE TOWN OF LOS GATOS ON ZONE CHANGE APPLICATION Z-91-1 FROM R-1:10,000 TO R-1:10,000-LHP (SINGLE FAMILY RESIDENTIAL, 10,000 SQUARE FOOT LANDMARK/HISTORIC PRESERVATION OVERLAY) TO CREATE AN HISTORIC OVERLAY ZONE ON THIS PARCEL OF LAND AND ALL IMPROVEMENTS THEREIN, which was introduced by Town Council at its meeting of March 18, 1991. Carried by a vote of 3 ayes. Mrs. Benjamin and Mr. Carlson absent. DAY CARE HOMES/ZONING ORDINANCE AMENDMENT/RESIDENTIAL/ORDINANCE 1842 Motion by Mr. Blanton, seconded by Mr. Attaway, that Council adopt Ordinance 1842 entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONING ORDINANCE ALLOWING LARGE FAMILY DAY CARE HOMES IN RESIDENTIAL ZONES WITHOUT CONDITIONAL USE PERMITS SUBJECT TO STANDARDS, which was introduced by Town Council at it meeting of March 18, 1991. Carried by a vote of 3 ayes. Mrs. Benjamin and Mr. Carlson absent. HEARINGS UNIVERSITY AVENUE 631/OFFICE/LM ZONE/JONES/HEARING Mayor Ventura stated that this was the time and place duly noted for public hearing to consider an appeal of a decision of the Planning Commission decision to uphold the Planning Director's decision to deny occupancy of a structure located at 631 University Ave. and the finding that the proposed use is an office use for property in the LM zone. Architecture and Site Application: S-65-104A. Property: 631 University Ave. Owner/Appellant: Handel Jones. There was no one from the audience to address this issue. Motion by Mr. Blanton, seconded by Mr. Attaway,that Council continue this item to May 20, 1991. Carried by a vote of 3 ayes. Mrs. Benjamin and Mr. Carlson absent. CERRO VISTA DRIVE 16075/BALABAN/APPEAL/HEARING Mayor Ventura stated that this was the time and place duly noted for public hearing to consider an appeal of the Planning Commission's decision to deny a request for approval of plans for the construction of a single-family residence in the HR-2½ Zone. Property: 16075 Cerro Vista Drive. Owner/Appellant: Balaban. TC:D1:MM040191 April 1, 1991 Los Gatos, California The following person from the audience spoke regarding this subject: Mark Fredkin, 99 Almaden Blvd., San Jose, representing the appellant, asked that the hearing be continued to April 15, 1991 due to conflicting schedules. No one else from the audience addressed this issue. Motion by Mr. Blanton, seconded by Mr. Attaway, that Council continue this item to April 15, 1991. Carried by a vote of 3 ayes. Mrs. Benjamin and Mr. Carlson absent. TC:D1:MM040191 April 1, 1991 Los Gatos, California HEARINGS CONTINUED CARLTON AVE 109/METZLER/BUSINESS LICENSE PENALTY/APPEAL/HEARING Mayor Ventura stated that this was the time and place duly noted for public hearing to consider an appeal by licensee regarding penalty fees imposed upon business license. Property: 109 Carlton Ave. Owner/Appellant: Albert and Barbara Metzler. The following people from the audience spoke regarding this subject: Albert and Barbara Metzler, 1362 Via De Los Reyes, San Jose, asked that Council reconsider their position on the penalty fees imposed upon their business licence. No one else from the audience addressed this issue. Motion by Mr. Blanton, seconded by Mr. Attaway, to close the public hearing. Carried by a vote of 3 ayes. Mrs. Benjamin and Mr. Carlson absent. Motion by Mr. Attaway, seconded by Mayor Ventura, that Council deny the request for a waiver of the business licence and mediation penalty fee. Carried by a vote of 2 ayes. Mrs. Benjamin and Mr. Carlson absent. Mr. Blanton voted no, stating that a copy of the first letter sent to the licensee/appellant should appear in the staff report. POLLARD ROAD 800/ARCHDEACON/BUSINESS LICENSE PENALTY/APPEAL/HEARING Mayor Ventura stated that this was the time and place duly noted for public hearing to consider an appeal by licensee regarding penalty fees imposed upon business license. Property: 800 Pollard Road. Owner/Appellant: John Archdeacon. There was no one from the audience to speak to this item. Motion by Mr. Blanton, seconded by Mr. Attaway, to close the public hearing. Carried by a vote of 3 ayes. Mrs. Benjamin and Mr. Carlson absent. Motion by Mr. Blanton, seconded by Mr. Attaway, that Council deny the request for a waiver of the business license penalty fee unless the original envelope is found by the applicant with the appropriate post date. Carried by a vote of 3 ayes. Mrs. Benjamin and Mr. Carlson absent. ROBERTS ROAD W. 47/DEE PIEF/FIREPLACE CONSTRUCTION/EARTHQUAKE DAMAGE Mayor Ventura stated that this was the time and place duly noted for public hearing to consider an appeal of Building Director's decision to deny fee waiver for chimney and fireplace construction needed due to earthquake damage. Property: 47 W. Roberts Road. Owner/Appellant: Julene DeePief. TC:D1:MM040191 April 1, 1991 Los Gatos, California There was no one from the audience to speak to this issue. Motion by Mr. Blanton, seconded by Mr. Attaway, that Council close the public hearing. Carried by a vote of 3 ayes. Mrs. Benjamin and Mr. Carlson absent. TC:D1:MM040191 April 1, 1991 Los Gatos, California HEARINGS CONTINUED ROBERTS ROAD CONT. Motion by Mr. Attaway, seconded by Mr. Blanton, to deny the appeal for the waiver of fees for fireplace construction needed due to earthquake damage. Carried by a vote of 3 ayes. Mrs. Benjamin and Mr. Carlson absent. CENTRAL BUSINESS DISTRICT/COMMERCIAL LANDMARK AND HISTORIC PRESERVATION OVERLAY ZONE/INTRODUCTION OF ORDINANCES Mayor Ventura stated that this was the time and place duly noted for public hearing to consider request for approval of a zone change from C-2 (Central Business District Commercial) and C-2-LHP (Central Business District Commercial - Landmark and Historic Preservation Overlay Zone) to C-2-LHP (Central Business District Commercial Landmark and Historic Preservation Overlay Zone) for properties fronting on Santa Cruz Avenue generally between Main Street and Elm Street, and fronting on Main Street between Santa Cruz Avenue and State Highway 17 in order to create a Downtown Commercial Historic District. Applicant: Town of Los Gatos. There was no one from the audience to address this issue. Motion by Mr. Attaway, seconded by Mr. Blanton, that Council close the public hearing. Carried by a vote of 3 ayes. Mrs. Benjamin and Mr. Carlson absent. Motion by Mr. Attaway, seconded by Mr. Blanton, that Council waive the reading of the Draft Ordinance. Carried by a vote of 3 ayes. Mrs. Benjamin and Mr. Carlson absent. The Town Clerk read the Title of the Draft Ordinance. Motion by Mr. Attaway, seconded by Mr. Blanton, that Council introduce Draft Ordinance entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONING ORDINANCE AFFECTING ZONE CHANGE NO. 84 FROM C-2 AND C-2-LHP TO C-2- LHP (LOS GATOS HISTORIC COMMERCIAL DISTRICT). Carried by a vote of 3 ayes. Mrs. Benjamin and Mr. Carlson absent. Motion by Mr. Attaway, seconded by Mr. Blanton, that Council waive the reading of the Draft Ordinance. Carried by a vote of 3 ayes. Mrs. Benjamin and Mr. Carlson absent. The Town Clerk read the Title of the Draft Ordinance. Motion by Mr. Attaway, seconded by Mr. Blanton, that Council introduce Draft Ordinance entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONING ORDINANCE AFFECTING ZONE CHANGE NO. 72 FROM R-1D, RM:5-12, C-2, AND O TC:D1:MM040191 April 1, 1991 Los Gatos, California TO R-1D-LHP, RM:5-12-LHP, C-2-LHP AND O-LHP (UNIVERSITY/EDELEN HISTORIC DISTRICT). Carried by a vote of 3 ayes. Mrs. Benjamin and Mr. Carlson absent. SHANNON ROAD 14615/TRACT 8400/AZAR/OPEN SPACE MAINTENANCE DISTRICT Mayor Ventura stated that this was the time and place duly noted for public hearing to consider instituting an open space maintenance district within the bounds of tract 8400, Santa Rosa Heights subdivision. Property: 14615 Shannon Road. Owner: Habib Azar. Introduction of Draft Ordinance. TC:D1:MM040191 April 1, 1991 Los Gatos, California HEARINGS CONTINUED SHANNON ROAD CONT. The following person from the audience spoke regarding this subject: Robert Finocchio, 131 Alta Tierra Court, asked Council what protection he and other property owners had regarding the trails leading up to his property line, and what recourse he would have against hikers on his property. No one else from the audience addressed this issue. Motion by Mr. Blanton, seconded by Mr. Attaway, that Council close the public hearing. Carried by a vote of 3 ayes. Mrs. Benjamin and Mr. Carlson absent. Motion by Mr. Blanton, seconded by Mr. Attaway, that Council waive the reading of the draft ordinance. Carried by a vote of 3 ayes. Mrs. Benjamin and Mr. Carlson absent. The Town Clerk read the title of the draft ordinance. Motion by Mr. Attaway, seconded by Mr. Blanton, that Council introduce Draft Ordinance entitled, ORDINANCE OF THE TOWN OF LOS GATOS FIXING AND ESTABLISHING BOUNDARIES AND DECLARING FORMATION OF AN OPEN SPACE MAINTENANCE ASSESSMENT DISTRICT WITHIN THE BOUNDS OF TRACT 8400, SANTA ROSA HEIGHTS SUBDIVISION, LOCATED AT 14615 SHANNON ROAD, and Council instructs staff to pursue acquiring an easement from the water district at the lower portion of the property. Carried by a vote of 3 ayes. Mrs. Benjamin and Mr. Carlson absent. MINUTES OF MARCH 18, 1991 Motion by Mr. Attaway, seconded by Mr. Blanton, that Council approve the Minutes of March 18, 1991 as submitted. Carried by a vote of 3 ayes. Mrs. Benjamin and Mr. Carlson absent. TREASURER'S REPORT/FEBRUARY 1991 Informational report submitted by the Treasurer to the Council for the month of February 1991, received and filed. ADJOURNMENT Motion by Mr. Attaway, seconded by Mr. Blanton, that Council adjourn this evening's meeting at 8:17 p.m. Carried by a vote of 3 ayes. Mrs. Benjamin and Mr. Carlson absent. TC:D1:MM040191 April 1, 1991 Los Gatos, California ATTEST: Marian V. Cosgrove Town Clerk TC:D1:MM040191