Loading...
M 01-21-92TOWN OF LOS GATOS CALIFORNIA TOWN COUNCIL/PARKING AUTHORITY January 21, 1992 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 8:05 p.m., Tuesday, January 21, 1992, in regular session. ROLL CALL Present:Randy Attaway, Joanne Benjamin, Steven Blanton, Brent N. Ventura and Mayor Eric D. Carlson. Absent:None. PLEDGE OF ALLEGIANCE Given by all in attendance. APPEALS BOARD/APPOINTMENTS Mayor Carlson announced that this was the time for interviews of applicants for the Board of Appeals. Applications were received from Robert Davies, Sandy Decker, Tom Dodge, Larry Edgar, Dave Flick, Michael Grabill, Warren Jacobsen, Edward Meserve, Rex Morton, Gary Schloh, John Spaur and Reinhard Valstscheff. Voting was held and Sandy Decker, Tom Dodge, Dave Flick, Warren Jacobsen, and C. Edward Meserve were appointed to the Board of Appeals. Terms to be decided at first Board meeting. SCHEDULE OF PUBLIC HEARINGS/JANUARY 1992 (01.01) Informational item received and filed. PAYROLL/RATIFICATION/JANUARY 1992 (02.V) Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council ratify the accompanying check registers for payroll of December 22 through January 4, 1992 in the amount of $207,037.43 paid on January 10, 1992. Carried unanimously. ACCOUNTS PAYABLE/RATIFICATION/JANUARY 1992 (03.V) Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council ratify accompanying check registers for accounts payable invoices in the amount of $426,084.09 paid on January TC:D3:MM012192 10 and 17, 1992. Carried unanimously. REVENUE ANALYSIS/NOVEMBER 1991 (04.06) Informational item giving a brief analysis of revenue collection was received and filed. CODE ENFORCEMENT/REFERRALS TO TOWN ATTORNEY (05.47) Informational item received and filed. TC:D3:MM012192 January 21, 1992 Los Gatos, California AUDIT SERVICES/REQUEST FOR PROPOSALS (06.06) Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council authorize the Town Manager to issue the attached Request for Proposal (RFP) for financial audit services for the three year period of 1991-92 through 1993-94 and authorize the Finance Committee and the Town Treasurer to work with staff to select an auditor for recommendation to the Council. Carried unanimously. CODE COMPLIANCE/QUARTERLY REPORT (07.47) Informational report from the Code Compliance Officer regarding abatement of code violations was received and filed. CLAIM REJECTION/SCOTT BURBANK (08A.01) Motion by Mrs. Benjamin, seconded by Mr. Blanton, that council reject the claim of Scott Burbank filed December 17, 1991 with the Town Clerk. Carried unanimously. CLAIM REJECTION/STEPHANIE SUSANNAH/MARTHA LOCKWOOD (08B.01) Motion by Mrs. Benjamin, seconded by Mr. Blanton, that council reject the claim of Stephanie Susannah and Martha Lockwood filed December 16, 1991 with the Town Clerk. Carried unanimously. CLAIM REJECTION/BURSON V. DOVER MOBILE ESTATES (08C.01) Motion by Mrs. Benjamin, seconded by Mr. Blanton, that council reject the claim of Dover Mobile Estates filed December 19, 1991 with the Town Clerk. Carried unanimously. CLAIM REJECTION/BRADEN V. DOVER MOBILE ESTATES (08D.01) Motion by Mrs. Benjamin, seconded by Mr. Blanton, that council reject the claim of Dover Mobile Estates filed December 19, 1991 with the Town Clerk. Carried unanimously. CLAIM REJECTION/GILROY V. DOVER MOBILE ESTATES (08E.01) Motion by Mrs. Benjamin, seconded by Mr. Blanton, that council reject the claim of Dover Mobile Estates filed December 19, 1991 with the Town Clerk. Carried unanimously. CLAIM REJECTION/SOUZA V. DOVER MOBILE ESTATES (08F.01) Motion by Mrs. Benjamin, seconded by Mr. Blanton, that council reject the claim of Dover Mobile Estates filed December 19, 1991 with the Town Clerk. Carried unanimously. CLAIM REJECTION/KOZLOWSKI V. DOVER MOBILE ESTATES (08G.01) Motion by Mrs. Benjamin, seconded by Mr. Blanton, that council reject the claim of Dover Mobile Estates filed December 19, 1991 with the Town Clerk. Carried unanimously. CLAIM REJECTION/CAMERY V. DOVER MOBILE ESTATES (08H.01) TC:D3:MM012192 January 21, 1992 Los Gatos, California Motion by Mrs. Benjamin, seconded by Mr. Blanton, that council reject the claim of Dover Mobile Estates filed December 19, 1991 with the Town Clerk. Carried unanimously. EQUIPMENT REPLACEMENT FUND (12.28) Informational item to Council indicating that the Equipment Replacement Fund has sufficient dollars to meet the purchase requirements for new finance system hardware and software was received and filed. TC:D3:MM012192 January 21, 1992 Los Gatos, California CALTRAIN ADVISORY COMMITTEE (13.40) Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council request staff to submit letter to Santa Clara County Board of Supervisors in support of CalTrain upgrades. Carried unanimously. NATIONAL AVE 15347/LOS GATOS OAKS/COMPLETION NOTICE (14A.08) Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council authorize the Mayor to execute and the Town Clerk to record a Certificate of Acceptance and Notice of Completion for 15347 National Ave. Carried unanimously. SANTA CRUZ AVE N 120/COMPLETION NOTICE (14B.08) Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council authorize the Mayor to execute and the Town Clerk to record a Certificate of Acceptance and Notice of Completion for 120 N. Santa Cruz Ave. Carried unanimously. HEALTH PLACE/GRANT AGREEMENT/SAN JOSE STATE UNIVERSITY FOUNDATION (16.09) Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council authorize the Town Manager to execute revised Community Development Block Grant (CDBG) and Community Grant agreements with the San Jose State University (SJSU) Foundation for implementation of the Health Place Program. Carried unanimously. PLACE FOR TEENS/NEW YORK AVE/LEASE/RESOLUTION 1992-7 (17.44) Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council adopt Resolution 1992- 7 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO EXECUTE A LEASE WITH A PLACE FOR TEENS FOR THE USE OF THE NEW FACILITY TO BE BUILT AT THE WEST END OF NEW YORK AVE Carried unanimously. PLAN CHECK SERVICES/WILLDAN ASSOCIATES/AGREEMENT/RESOLUTION 1992-8 (18.08) Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council adopt Resolution 1992- 8 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR MAP AND IMPROVEMENT PLAN CHECKING SERVICES, which approves agreement with Willdan Associates for civil engineering consulting services and authorizes the Town Manager to sign. Carried unanimously. TRAFFIC SIGNAL/WIMBLEDON AND WINCHESTER/TRAFFIC AUTHORITY RESOLUTION 1992-9 (19.39) TC:D3:MM012192 January 21, 1992 Los Gatos, California Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council adopt Resolution 1992- 9 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE RATIFICATION OF THE AGREEMENT BETWEEN THE TOWN OF LOS GATOS AND THE SANTA CLARA COUNTY TRAFFIC AUTHORITY FOR A TEMPORARY TRAFFIC SIGNAL AT WIMBLEDON DRIVE AND WINCHESTER BOULEVARD. Carried unanimously. TC:D3:MM012192 January 21, 1992 Los Gatos, California SANTA CRUZ AVE N 664/DRONKERT/AGREEMENT/RESOLUTION 1992-10 (20.08) POLICE TRAINING Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council adopt Resolution 1992- 10 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE RATIFICATION OF THE LICENSE BETWEEN THE TOWN OF LOS GATOS AND LOUISE L. DRONKERT TO ALLOW THE POLICE DEPARTMENT TO USE PROPERTY AT 664 N. SANTA CRUZ AVENUE. Carried unanimously. STREETS & SIDEWALKS/OBSTRUCTIONS/TOWN CODE SEC. 26-6/ORDINANCE 1886 (22.46) Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council adopt Ordinance 1886 entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING SECTION 26-6 OF THE TOWN CODE REGARDING OBSTRUCTION OF STREETS AND SIDEWALKS, which was introduced at the Council meeting of January 6, 1992. Carried unanimously. HEARINGS AMENDMENTS TO: HISTORIC DISTRICT OVERLAY ZONES/GENERAL PLAN (23.46) ZONING ORDINANCE/HEARINGS Mayor Carlson stated that this was the time and place duly noted for public hearing to consider the following amendments to the General Plan, Zoning Ordinance and Historic District Overlay Zones: (b)Introduction of ordinance amending the Almond Grove Historic District-Historic Designation Application. (HD-80-1A) (c)Introduction of ordinance amending the Broadway Historic Designation Application. (HD-84-2A) (d)Introduction of ordinance amending the University/Edelen Historic District - Historic Designation Application. (HD-86-1B) No one from the audience addressed these issue. Motion by Mr. Ventura, seconded by Mrs. Benjamin, to continue items (b), (c) & (d) to March 2, 1992. Carried unanimously. (a)Introduction of ordinance amending the Town Zoning Ordinance with respect to reports required for the demolition of structures in a historic overlay zone. (A-91-8) No one from the audience addressed this issue. TC:D3:MM012192 January 21, 1992 Los Gatos, California Motion by Mr. Ventura, seconded by Mr. Attaway, to close section (a) portion of the public hearing. Carried unanimously. Motion by Mr. Attaway, seconded by Mr. Blanton, that Council make the required findings that the Zoning Ordinance Amendment, with the revision requiring a professional licenced designer be responsible for making the report, is consistent with the General Plan. Carried unanimously. TC:D3:MM012192 January 21, 1992 Los Gatos, California HEARINGS CONTINUED ZONING ORDINANCE AMENDMENTS CONT. Motion by Mr. Attaway, seconded by Mr. Ventura, that Council amend the last sentence of the proposed ordinance to read, "structure's physical condition prepared by a licenced architect, licenced design professional or a registered civil engineer at the applicant's expense.", and delete "property inspection service." Carried unanimously. Mayor Carlson noted that the Town Attorney had expressed the view that this change is non- substantive, being a procedural matter, and does not effect the consistency of the General Plan. Motion by Mr. Ventura, seconded by Mr. Blanton, that Council waive the reading of the draft ordinance. Carried unanimously. 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 CONCERNING THE REQUIREMENT FOR STRUCTURAL REPORTS FOR DEMOLITION OF AN HISTORIC STRUCTURE. Carried unanimously. Council discussion concerning any exterior change of an historically designated residence being reviewed by the Historic Preservation Committee followed. Mr. Carlson felt that any exterior change in an historic district should include the requirement that the change be reviewed by the Historic Preservation Committee. Mrs. Benjamin felt that this restriction simply imposed another level of government control involving processes, committees and more delays. She asked for examples of large violations to the ordinance which substantiate the need expressed before making a decision. Mr. Attaway agreed with the last opinion feeling that these restrictions would simply add to the encumberment of the system rather than streamlining the process as Council has stated as an appropriate goal. Mr. Blanton concurred with the need to be clear and concise, agreeing that there were too many restrictions in the historic district now but would appreciate seeing additional information before making decision. Mr. Ventura felt that allowing for only exterior front facing walls to be historically authentic creates a Hollywood stage set effect of false fronts undermining the intent of the historic district. The historic character of neighborhoods needs to be preserved by not allowing inconsistency of design which defeats the purpose of the ordinance. We do not get an historic home or historic remodel, but instead we get a false front. Mr. Ventura will return to the committee with the message that no minor issues like doors, windows, or porches are to be addressed and will take the discussion back to the committee for further consideration. TC:D3:MM012192 January 21, 1992 Los Gatos, California SANTA CRUZ AVE 337/JULIUS/APPEAL/HEARING (24.09) Mayor Carlson stated that this was the time and place duly noted for public hearing to consider an appeal of a decision of the Planning Commission approving a request to demolish an unlawfully constructed addition to a restaurant, to construct a new addition, and for permission to operate the restaurant with outdoor seating on property in the C-2 zone, Conditional Use Permit Application U-91-24 and Architecture and Site Application S-91-69. Property is located at 337 N. Santa Cruz Avenue. Property owner, Chimblis Lila Trustee. Applicant, Frank Martinico. Appellant, Anton Julius. TC:D3:MM012192 January 21, 1992 Los Gatos, California HEARINGS CONT. SANTA CRUZ AVE. CONT. The following people from the audience spoke to this issue: Anton Julius, 223 Saratoga Ave., appellant, stated that he fells that the Planning Commission erred in allowing more hours and intensified use in an area already overcome with parking and delivery problems. He addressed the ownership of the land and easement. Paul Derania, 1550 The Alameda, San Jose, attorney for Mr. Martinico, spoke of possibilities for deliveries and hours of operation. He also submitted a letter dealing with the prescriptive easement and a survey map showing property lines for the record. Frank Martinico, 1325 Glen Dell Drive, San Jose, intends to operate his business from 10 a.m. to 3 p.m., although the use permit requests that the business remain open to 10 p.m. Deliveries will be made during appropriate hours and where most feasible. Dino Marsouris, partner in the business, requests permission to open restaurant in same location with same approvals as granted to previous owners. Mr. Derania, agreed that the owners of the business would be willing to landscape by keeping the planters attractive and planting a street tree in front. No one else from the audience addressed this issue. Motion by Mr. Blanton, seconded by Mr. Ventura that Council close the public hearing. Carried unanimously. Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council uphold the Planning Commission's decision and approve Conditional Use Permit U-91-24 and Architecture and Site Application S-91-69, but delete the condition requiring deliveries to be made at the rear of the building, and to include street tree replacement and landscaping to the satisfaction of the Director of Parks Forestry and Maintenance. Carried unanimously. TERESITA WAY 101/MC CANDLESS/APPEAL/HEARING (25.09) Mayor Carlson stated that this was the time and place duly noted for public hearing to consider an appeal of a Planning Commission decision to approve plans for the construction of a single-family residence on property in the HR-1 zone. Architecture and Site Application S-90-49. Property is located at 101 Teresita Way. Property owner, Greg McCandless. Appellant, Paula and James McHugh. Mayor Carlson noted that the appellant had requested continuance due to health problems and asked if there was anyone in the audience to address Council this evening regarding this issue. TC:D3:MM012192 January 21, 1992 Los Gatos, California Steve Wernicke, 171 Teresita Way, speaking for the McHughs, requested a 2 week continuance, to February 3, 1992. Greg McCandless, property owner, agreed to be heard on the date of continuance. There was no one else to speak to the issue. Motion by Mr. Blanton, seconded by Mr. Ventura, to continue this public hearing to February 2, 1992. Carried unanimously. TC:D3:MM012192 January 21, 1992 Los Gatos, California MINUTES OF JANUARY 6, 1992 Mr. Ventura asked for reclarification of page 4, under Minutes of December 16, 1991, and which referred to Andale's Taqueria, to reflect the following: "Mr. Ventura asked the owner if he understood and agreed that he would not be able to occupy the premises until the parking fees and the traffic impact fees had been paid. Mr. Sanchez, the owner, answered that he fully understood the requirement." Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council approve the Minutes of January 6, 1992 as amended. Carried unanimously. GUADALUPE COLLEGE/WESTERN CALIFORNIA UNIVERSITY/SHEN REQUEST (27.09) Mayor Carlson stated that this was the time and place duly noted to consider the requests of Mr. and Mrs. Shen in regards to the Western California University. Kate Anderton, Town Attorney, stated the following status of the current situation for this proposal: There is a 1986 Conditional Use Permit which was approved by the Council. When amendments were made to that use permit, those amendments became invalidated by the Court. At this time the Conditional Use Permit that remains in effect is the one approved in 1986. Therefore the applicants could theoretically develop the permitted project of that time. If at this time the applicants are moving in another direction for whatever reason there would need to be an amendment of the conditional use permit to reflect current conditions and changes and circumstances. In terms of giving a preliminary indication of response on any of the following issues, Council should give no more then an indication of a potential direction. The full hearing process and opportunity to make a case for virtually any kind of development proposal needs to precede Council's direction about what kind of project Council would or would not approve. The following directions from Council were made as preliminary discussion consensus motions: Waive CEQUA process for new road. Lee Bowman, Planning Director, stated that Council could not waive the CEQUA process because it is a state law. An initial study could be done with a consultant, and if the consultant finds that the change in the road does not trigger the need for a supplemental EIR then that closes the issue. If an EIR is required then it comes before the Council. If there has been a change in circumstances since the time of the original review. Both the scope and definition of the project which would require supplemental environmental review. Motion for consensus by Mr. Ventura, seconded by Mr. Attaway, that Council not waive the CEQA process for the new road, but follow the letter of the law. Carried unanimously. TC:D3:MM012192 January 21, 1992 Los Gatos, California Obtain easement for road from Water District. Motion by consensus, that Council take no position on the matter of working with the Santa Clara County Water District to get the necessary easement for the road. Carried unanimously. Obtain easement for road from the Snells. Motion for consensus by Mr. Ventura, seconded by Mr. Attaway, that Council entertain the process of discussion with the Snells regarding possible easement for new road. Carried unanimously. TC:D3:MM012192 January 21, 1992 Los Gatos, California GUADALUPE COLLEGE/WESTERN CALIFORNIA UNIVERSITY/CONTINUED Waive Town fees relating to new road. Motion for consensus by Mr. Attaway, seconded by Mr. Ventura, that Council not waive Town fees relating to the road. Carried unanimously. Allow alternative parking. Motion for consensus by Mr. Ventura, seconded by Mr. Attaway, that the parking approved in 1986 appears to not be in the best interests of the community and Council will work with applicant to find alternatives. Carried unanimously. Motion for consensus by Mr. Ventura, seconded by Mr. Attaway, that Council reaffirm the existing policy and not allow additional building on the south side of the property in the area to be dedicated as open space. Carried unanimously. Motion for consensus by Mr. Ventura, seconded by Mr. Attaway, that Council take no position on the matter of working with the Mid-Peninsula Regional Open Space in order to obtain the necessary easement for the new road. Carried unanimously. Robert Shen, representing Mr. Ho, reconfirmed that the Conditional Use Permit that remains in effect is the one approved in 1986. He stated that he was still operating under the 1986 use permit. Mr. Bowman, explained that a application for modification of the conditional use permit had been filed with the appropriate fees and the applicant has been before the DRC. A request for modification is a hearing de nova under our ordinance. WOOD BURNING STOVES/FIREPLACES (28.44) Mayor Carlson stated that this was the time and place duly noted to consider the following actions regarding use of fireplaces and wood burning stoves. Motion by Mr. Ventura, seconded by Mr. Carlson, that Council: 1. Direct staff to draft a section to the Zoning Ordinance, with all supporting documentation, and rationale for making the following an infraction, possibly subject to civil penalties: a.Use fireplaces and other wood burning devices (Environmental Protection Agency - EPA Phase II certified devices excepted) when the Bay Area Air Quality Management District issues the "Don't Light Tonight" warning and when an alternate approved heat source is available. b.Burn garbage, plastics, rubber, waste solvent, paint, oil, painted or treated wood, particle board, plywood, salt-water driftwood, coal, glossy or colored paper, and any other fuel which produces noxious, corrosive or toxic smoke and fumes. c.Sell, install or replace a wood burning appliance that does not meet minimum EPA TC:D3:MM012192 January 21, 1992 Los Gatos, California Phase II Certified Standards. 2.Direct staff to Record a Notice on all Town Parcels that upon transfer of ownership, all wood burning devices shall comply with EPA Phase II Certified Minimum Standards. 3.Provide 180 day delay in implementing recommended actions to disseminate information and to allow vendors to deplete existing non-conforming stock. 4.To report the needed actions and time schedule to place the issue on the ballot in November. Carried by a vote of 3 ayes. Mr. Attaway and Mr. Blanton voted no specifically on item #2. TC:D3:MM012192 January 21, 1992 Los Gatos, California BUS LAYOVER LOCATION/MAIN STREET E 110/SANTA CRUZ AVE S 145 (09.40) Motion by Mrs. Benjamin, seconded by Mr. Ventura, that Council continue this item to February 18, 1992, and to notify previously interested parties. ROUTE 85/SOUNDWALLS/NOISE REFLECTION/TRAFFIC AUTHORITY (10.41) Motion by consensus, that Council accept the staff recommendation to direct staff to prepare a letter for the Mayor's signature notifying the City of Saratoga that the Town cannot assist in funding an independent study of soundwall noise reflectivity. FIRE PREVENTION/FIRE SAFETY (11.44) Motion by consensus, to continue this item to February 18, 1992, and notify interested parties including Board of Realtors, and Homeowners Associations in hillsides, and consideration of putting out an informational flyer to the community funded by the Fire Department. Council also requested additional information regarding the flat areas and their need for additional fire retardant roofing materials. There is a request to reevaluate the 1992 California Fire Prevention Act but to consider the need for wood as building material particularly in the remodeling of historic homes. CALIFORNIA FIRE PREVENTION ACT/FIRE SAFETY (11.44) No Action taken regarding the 1992 California Fire Prevention Act. CABLE TELEVISION SERVICE/IMPROVEMENT CONSIDERATIONS (15.25) Motion by Mr. Ventura, seconded by Mr. Blanton, that Council request that Cable automatically credit every effected homeowner in town with 1/30th of the monthly charge as reimbursement due to the recent outage. Motion failed with 2 ayes. Mr. Attaway, Mrs. Benjamin and Mr. Blanton voted no stating that each individual could request their own rebate. Motion by Mrs. Benjamin, seconded by Mr. Attaway, that Council direct Cable to notify all rate holders of the offer to refund the payment for that particular day. Carried unanimously. Motion by Mr. Ventura, seconded by Mr. Blanton, that Council send a letter of outrage, signed by the Mayor, relating to the exorbitant rate increase without any sign of improvement in regard to quality of service, increase in channels, or elimination of outages, interruptions and failures. Cable to rescind most recent rate increase. Motion failed with 2 ayes. Mr. Attaway, Mrs. Benjamin and Mayor Carlson voting no. Consensus motion that staff return at a subsequent Council meeting with report on how complaints are handled with the Cable company relating to the methodology employed in recording and tabulating complaints from the public, and relating this information to the 3% a month which is grounds for revocation of franchise agreement with the company. ADJOURNMENT Motion by Mr. Blanton, seconded by Mr. Attaway, that Council adjourn this evening's TC:D3:MM012192 January 21, 1992 Los Gatos, California meeting at 10:25 p.m. Carried unanimously. ATTEST: Marian V. Cosgrove Town Clerk TC:D3:MM012192