Loading...
M 06-06-94TOWN OF LOS GATOS CALIFORNIA TOWN COUNCIL/PARKING AUTHORITY June 6, 1994 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 7:32 p.m., Monday, June 6, 1994, in regular session. ROLL CALL Present:Joanne Benjamin (arrived at 7:34 p.m.), Steven Blanton, Linda Lubeck, Patrick O'Laughlin and Mayor Attaway. Absent:None. PLEDGE OF ALLEGIANCE Given by all in attendance. CLOSED SESSION Council did not meet in closed session this evening. SCHEDULE OF PUBLIC HEARINGS (01.01) Informational report regarding currently scheduled public hearings was received and filed. COUNCIL CALENDAR OF MEETINGS (02.10) Informational item presenting future Town Meetings for Council and other Town Boards and Commissions was received and filed. MINUTES OF MAY 16, 1994 (03.V) Motion by Mr. Blanton, seconded by Mr. O'Laughlin, that Council approve the Minutes of May 16, 1994 as submitted. Carried by a vote of 4 ayes. Mrs. Benjamin abstained. COUNTY REFERRALS (04.47) Motion by Mr. Blanton, seconded by Mr. O'Laughlin, that Council approve staff recommendations on County referrals as follows: Referral # Location Applicant Request Recommendation 5800 16010 Winterbrook Road Kohisaat Building site Approval with approval 2 conditions Carried by a vote of 4 ayes. Mrs. Benjamin abstained. PLANNING COMMISSION/PLANNING DEPARTMENT MONTHLY STATUS REPORT (05.47) Informational report regarding activity of Planning Commission and Department was received and filed. TC:D6:MM060694 PAYROLL RATIFICATION/MAY 1994 (06.V) Motion by Mr. Blanton, seconded by Mr. O'Laughlin, that Council ratify the check register for the payroll of April 24 through May 7, 1994 paid on May 13, 1994, and May 8 through May 21, 1994 paid on May 27, 1994 in the amount of $436,778.94. Carried by a vote of 4 ayes. Mrs. Benjamin abstained. TC:D6:MM060694 June 6, 1994 Los Gatos, California ACCOUNTS PAYABLE/RATIFICATION/MAY 1994 (07.V) Motion by Mr. Blanton, seconded by Mr. O'Laughlin, that Council ratify the accompanying check registers for accounts payable invoices paid on May 13, 18 and 27, 1994 in the amount of $794,170.64 Carried by a vote of 4 ayes. Mrs. Benjamin abstained. BUDGET/THIRD QUARTER REPORT (08.06) Motion by Mr. Blanton, seconded by Mr. O'Laughlin, that Council authorize purchase of four computers, and an automatic imprinter to be funded with salary, benefits and materials savings. That and increase for consulting services be funded in the non-department program budget. Carried by a vote of 4 ayes. Mrs. Benjamin abstained. BELOW MARKET PRICE HOUSING UNIT/HENNING COURT 122 (10.19) This item was removed from the agenda. WATER AVAILABILITY/HILLSIDES/SAN JOSE WATER CO/REPORT (11.37) Motion by Mr. Blanton, seconded by Mr. O'Laughlin, that Council accept the report and letter from San Jose Water Company regarding Capital Improvements to improve water delivery capabilities for the hillside areas, and direct staff to respond as appropriate. Carried by a vote of 4 ayes. Mrs. Benjamin abstained. AMICUS/SAN JOSE ATTORNEY'S OFFICE/VS ACUNA (12A.01) Motion by Mr. Blanton, seconded by Mr. O'Laughlin, that Council authorize the Town Attorney to include the Town of Los Gatos as an amicus curiae in the case of People of the State of California, ex re. San Jose City Attorney's Office v. Acuna, et al, currently on appeal to the Sixth Appellate Division, Case #H080112, at no cost to the Town. Carried by a vote of 4 ayes. Mrs. Benjamin abstained. AMICUS/WESTERN STATES PETROLEUM/VS SUPERIOR COURT OF LOS ANGELES (12B.01) Motion by Mr. Blanton, seconded by Mr. O'Laughlin, that Council authorize the Town Attorney to include the Town of Los Gatos as an amicus curiae in the case of Western States Petroleum Association v. Superior Court of Los Angeles, currently pending before the California Supreme Court, Case #B078335, at no cost to the Town. Carried by a vote of 4 ayes. Mrs. Benjamin abstained. 9421 PROJECT/STREET RESURFACING/MONTE SERENO/RESOLUTION 1994-72 (14.35) Motion by Mr. Blanton, seconded by Mr. O'Laughlin, that Council adopt Resolution 1994-72 entitled, RESOLUTION OF THE TOWN OF LOS GATOS APPROVING THE COMMON CONTRACT WITH MONTE SERENO AND SPECIFICATIONS FOR PROJECT 9421D - BI-ANNUAL STREET RESURFACING. Carried by a vote of 4 ayes. Mrs. Benjamin abstained. FACILITIES UPGRADES/CALIFORNIA ENERGY COMMISSION/RESOLUTION 1994-73 (15.45) Motion by Mr. Blanton, seconded by Mr. O'Laughlin, that Council adopt Resolution 1994-73 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO ACCEPT A GRANT AND ENTER INTO AN AGREEMENT WITH THE CALIFORNIA ENERGY COMMISSION FOR UPGRADES TO TOWN OWNED FACILITIES. Carried by a vote of 4 ayes. Mrs. Benjamin abstained. TC:D6:MM060694 June 6, 1994 Los Gatos, California PURCHASING MANUAL/RESOLUTION 1994-74 (16.45) Motion by Mr. Blanton, seconded by Mr. O'Laughlin, that Council adopt Resolution 1994-74 entitled, RESOLUTION OF THE TOWN OF LOS GATOS ADOPTING TOWN PURCHASING MANUAL PURSUANT TO TOWN CODE SECTION 2.50.145. Carried by a vote of 4 ayes. Mrs. Benjamin abstained. TELEPHONE SERVICES/GTE/CUSTOMER SERVICE TRAINING/RESOLUTION 1994-75 (17.28) Motion by Mr. Blanton, seconded by Mr. O'Laughlin, that Council adopt Resolution 1994-75 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO RENEW CONTRACT WITH GTE CUSTOMER NETWORK FOR TELEPHONE MAINTENANCE AND REPAIR SERVICES AND TELEPHONE CUSTOMER SERVICE TRAINING. Carried by a vote of 4 ayes. Mrs. Benjamin abstained. VERBAL COMMUNICATIONS Silicon Valley Arts Fund Barbara Beerstein, representing the Silicon Valley Arts Fund, 960 W. Hedding, Ste 220, San Jose, requested funding $1,000 as one time seed money which will generate $150,000 in matching funds. Mardi Bennett, Alpine Ave, spoke for Mrs. Smith who did not arrive for verbal communications, but who had planned on addressing the curatorship of the Los Gatos Museum. HEARINGS WOOD ROAD/SOUTH OF MANZANITA/PRE-ZONE HR-5/HEARING (18.09) Mayor Attaway stated that this was the time and place duly noted for public hearing to consider introduction of an ordinance to pre-zone a five acre parcel located in the unincorporated area of Town south of Manzanita Avenue, West of Highway 17 to HR-5 (Hillside Residential, 5 to 40 acres per dwelling unit), Zone Change Application Z-93-1. Located on Wood Road. Property Owner: David Ebrahimoun. This matter has been initiated by the Town of Los Gatos and was continued from March 21 and May 16, 1994. The following people spoke to this issue: John Lien, 196 College Ave, stated that this was not a PD application and asked to delay the pre- zoning to coincide with the development plan to be submitted by July 15, 1994. He mentioned that the loop road suggested is unfeasible. Paul Stewart, 50 Clifton, was against the pre-zoning and noted the unpredictability of rain water runoff mitigation. Dyer Stickney, 40 Fairview Plaza, spoke against the change in zoning to allow additional development. Andrew Southern, 125 Wood Road, spoke against the re-zoning and did not want to see anything impact the hillside that would interefere with visability, access or cause additional fire hazard. Floyd Frisch, 40 Fairview Plaza, spoke against the proposal stating that there is no access to the property and no logical place to build a road. Leslie Knott, 110 Wood Road, spoke regarding safety issues if there is more traffic allowed on Wood Road. No one else from the audience addressed this issue. TC:D6:MM060694 June 6, 1994 Los Gatos, California HEARINGS CONTINUED WOOD ROAD CONT. Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council close the public hearing. Carried unanimously. Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council request that the property owner file an application for a Planned Development by July 15, 1994 which will incorporate a condition for annexation upon approval, and that the item be continued to July 18, 1994 to approve the pre-zoning. Carried by a vote of 4 ayes. Mayor Attaway voted no, stating that the Planning Commission had made the appropriate decisions. FARLEY RD 17530-17540/KRAMER/MC ELROY/APPEAL (19.09) Mayor Attaway stated that this was the time and place duly noted for public hearing to consider an appeal of a decision of the Planning Commission to deny a request to modify a condition of approval granted for the construction of a duplex to permit a reduction in the amount of wood siding required on property in the "O" (Office) Zone. Architecture and Site Application S-92-13A. Property Located at 17530-17540 Farley Road. Property Owners: Martin Kramer and David Hricz. Applicants: Martin Kramer and Terry McElroy. The following people from the audience spoke to this issue: Terry Mc Elroy, 380 Bella Vista, asked for Council's consideration on this requirement since there seemed to be some confusion as to how to resolve it. Mark Lukins, 1790 Jackson St., San Francisco, asked that the house be allowed to remain as it is now. No one else from the audience spoke to this issue. Motion by Mr. Blanton, seconded by Mrs. Benjamin, to close the public hearing. Carried unanimously. Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, that Council grant the appeal and find that the Planning Commission erred by not stating where the 50% wood siding was supposed to appear and that adding the additional siding at this time would not be an improvement to the building. Carried unanimously. FARLEY ROAD 17530-17540/APPLICATION FEE REFUND (24.09) Mayor Attaway moved this item to follow the previous item due to the same subject being discussed. Council considered the request for an application fee refund and determined to return half of the fees involved with the previous agenda item appeal. Staff is not able to modify conditions approved by the Planning Commission and any modifications considered must be notified to the community necessitating a Council Hearing and associated expenses. Motion by Mr. O'Laughlin, seconded by Mr. Blanton, that Council refund half or 50% of Mr. McElroy's application fee for the processing of this modification request. Carried unanimously. TC:D6:MM060694 June 6, 1994 Los Gatos, California HEARINGS CONTINUED MASSOL COURT 1/TREE REMOVAL/CIFELLI/APPEAL (20.09) Mayor Attaway stated that this was the time and place duly noted for public hearing to consider appeal of a Planning Commission decision to uphold a decision of the Planning Director in denying the removal of a protected tree located in the R-1D Zone. Architecture and Site Application S-93-34. Property located at 1 Massol Court. Property owners: Peter and Cathy Cifelli. The following person addressed this issue: Peter Cifelli, 1 Massol Court, asked that the tree be allowed to be removed due to safety, landscaping enhancement, and esthetics. No one else addressed the issue. Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council close the public hearing. Carried unanimously. Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council grant the appeal to remove the cypress to be replaced by 3-24" box redwoods or 2 redwoods and 1 oak. The finding for this action is that the topping of the cypress is incorrect and unesthetic; insects have infested the base are unsafe for the neighboring trees and the adjacent homes. The removal would not impact the established standard of the area. The homeowner and town arborist will work together on determining the appropriate mitigation for the cypress removal. Carried by a vote of 4 ayes. Mr. O'Laughlin voted no feeling that the mitigation requirement was excessive. FEES/RATES/CHARGES/RESOLUTION 1994-76 (21.05) Mayor Attaway stated that this was the time and place duly noted for public hearing to consider adopting resolution continuing certain departmental fees, rates and charges and amending certain fees, rates and charges. Mr. Blanton noted that Council policy was as close to 100% cost recovery as possible. He requested a staff report to address the efficiencies gained as the town has addressed its budgetary economies. There was no one from the audience to address this item. Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, that Council close the public hearing. Carried unanimously. Mrs. Benjamin addressed the appeals fees stating the Council's policy in upholding the expected government process of allowing the public to come forward to speak and address their issues until they reach the authority needed to make a decision on their concerns is a policy she would like to see continued without fees. Even though this policy and the cost recovery policy do not coincide she would like to encourage people to participate in government and not restrict participation by charging $250 per appeal. TC:D6:MM060694 June 6, 1994 Los Gatos, California FEES AND CHARGES CONT. Motion by Mrs. Benjamin, seconded by Mr. Blanton, to delete the $250 appeal fee from the new schedule. Carried unanimously. Motion by Mrs. Benjamin, seconded by Mr. O'Laughlin, to delete the tree removal permit fee from the schedule. This to be done to encourage participation in the tree preservation program and alleviate circumvention of the process. This should encourage discussion with the town arborist on the policies of the town tree program and educate those who are requesting tree removals. Carried by a vote of 4 ayes. Mrs. Lubeck voted no. Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, to remove the Historic Preservation Committee fee from the fee schedule. Historic preservation is encouraged in town and the additional fee could be viewed as an obstruction to preservation but the non fee will show the town's support and encouragement of preservation principles. Only the normal construction fees of any other home should apply to the historic structures. Carried unanimously. Motion by Mrs. Lubeck, seconded by Mr. O'Laughlin, that Council adopt Resolution 1994-76 entitled, RESOLUTION OF THE TOWN OF LOS GATOS CONTINUING CERTAIN DEPARTMENTAL FEES, RATES AND CHARGES, AND AMENDING CERTAIN FEES, RATES AND CHARGES, and incorporating the previous decisions. Carried unanimously. VERBAL COMMUNICATIONS Hillside Water: Jo Bartlett, College Ave, spoke of sufficient water for the hillsides in consideration of hillside fire hazards. Stated that the water company should pay for the improvements. CAPITAL IMPROVEMENT PROGRAM/1994-1999/RESOLUTION 1994-77 (22.06) Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, that Council adopt Resolution 1994-77 entitled, RESOLUTION OF THE TOWN OF LOS GATOS APPROVING 1994-99 CAPITAL IMPROVEMENT PROGRAM. Carried unanimously. PARKING CONTROL/DOWNTOWN/REVENUE POTENTIAL (23.41) Council consensus to place this question on the town's financial forum July 23rd at St. Mary's and to accept report on downtown parking control and revenue potential. Carried unanimously. Susan Strehlow, Chamber of Commerce, asked for some additional time to approach the Chamber membership regarding this proposal. RESTAURANTS/OUTDOOR SEATING AREAS/RESOLUTION 1994-78 (25.47) Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, that Council adopt Resolution 1994-78 entitled, RESOLUTION OF THE TOWN OF LOS GATOS ADOPTING STANDARDS FOR OUTDOOR RESTAURANT SEATING. Carried unanimously. ROAD IMPACT FEE/HEAVY VEHICLE PERMIT FEE/ORDINANCE INTRODUCTION (26.05) Motion by Mrs. Lubeck, seconded by Mrs. Benjamin, to waive the reading of the Draft Ordinance. Carried unanimously. The Town Clerk read the Title of the Draft Ordinance. TC:D6:MM060694 June 6, 1994 Los Gatos, California ROAD IMPACT FEES CONT. Motion by Mrs. Lubeck, seconded by Mrs. Benjamin, that Council introduce Draft Ordinance entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING DIVISION 6 OF ARTICLE III OF CHAPTER 15 OF THE TOWN CODE LIMITING USE OF STREETS BY PERMIT FEES AND ADOPTING A NEW ARTICLE IX OF CHAPTER 15 ESTABLISHING ROAD IMPACT FEES FOR CONSTRUCTION PROJECTS. Carried unanimously. HISTORIC PRESERVATION ZONE/FILING FEES (27.15) This item was removed from the agenda for clarification of wording to coincide with Council's action earlier on Item 21. Fees can be imposed when the Historic Overlay Zone requires an Architecture & Site Review but not simply because it has to go to the Historic Preservation Committee. STREET BANNER POLICY/SIGNS (27A.46) Motion by Mr. Attaway, seconded by Mrs. Lubeck, to continue this item to July 13, 1994. Carried unanimously. The following people addressed this item: Susan Strehlow, speaking for the Chamber of Commerce, requested permission to place a welcome sign for the Brazilian World Cup Soccer Team at Saratoga and North Santa Cruz intersection, explaining that the merchants in the vicinity had signed a petition and that American Savings Bank has agreed to pay for the banner. Marilyn Johnson, Vice-President and Branch Manager of American Savings Bank, suggested the size and content of the proposed banner. Council requested issues of banner placement to be discussed with the next report, along with the mechanics of hanging and method of financing the processing of the banners and their maintenance and removal. PUBLIC SAFETY SERVICES/AB 2788/OPPOSITION (09.09) Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council authorize the Mayor to send a letter to members of the State Assembly opposing AB 2788 (Willie Brown) which would require maintenance of effort for public safety services. Carried unanimously. SECURITY SERVICE/CONTEMPORARY SERVICES CORP/BRAZILIAN TEAM (13.09) Motion by Mrs. Lubeck, seconded by Mrs. Benjamin, that Council ratify agreement with Contemporary Services Corporation (CSC) to provide security service in support of the Brazilian World Cup Soccer Team. Carried unanimously. COUNCIL MEETING RESCHEDULED (28.10) Motion by Mrs. Benjamin, seconded by Mr. O'Laughlin, to reschedule June 20, 1994 Council meeting to June 27, 1994, with the comment that the budget will be adopted at this meeting and it is the last meeting of the fiscal year to be able to take action. Carried unanimously. Larry Anderson, Town Attorney, noted that there is a public hearing already scheduled for June 21st. Mr. Pattos will have to expressly consent to the extension of the hearing according to the Subdivision Map Act. TC:D6:MM060694 June 6, 1994 Los Gatos, California COUNCIL MEETING SCHEDULE/1994-95 (29.10) Council consensus to bring the Town Council Meeting Schedule back June 13, 1994 with dates placing the commission study sessions closer to the budget hearing date and moving the Council workshop to January, 1995. COMMISSION APPOINTMENTS/COUNCIL POLICY (30.10) Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, that Council continue this item to June 13, 1994 for amendments to Council policy on Commission appointments. Carried unanimously. ADJOURNMENT Motion by Mr. Blanton, seconded by Mrs. Benjamin, that this evening's meeting be adjourned at 10:42 p.m. Carried unanimously. ATTEST: Marian V. Cosgrove Town Clerk TC:D6:MM060694