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M 09-16-85TOWN OF LOS GATOS CALIFORNIA TOWN COUNCIL/PARKING AUTHORITY AGENDA SEPTEMBER 16, 1985 TOWN COUNCIL The Town Council and the Parking Authority met in a joint meeting in the Council Chamber of the Town Hall at 7:40 p.m., in regular session. ROLL CALL PRESENT:Eric D. Carlson, Thomas J. Ferrito, Brent N. Ventura, and Mayor Joanne Benjamin. ABSENT:Terrence J. Daily. PLEDGE OF ALLEGIANCE Given by all in attendance. EXECUTIVE SESSION The Town attorney reported that the following items were discussed during the Executive Session under Government Code section 54956.9(a): Pending litigation on GTE Mobilnet vs. Town. The Superior Court action and PUC application; National Convenience Stores vs. Town Nothing to report from the session. EX-AGENDA ITEMS Ex-agenda items (21a) minutes of September 9, 1985 and (22a) September 1, 1985 warrants are to be added to the agenda. Item 24 to be continued to the January 6, 1986 Council meeting. Item 32 is withdrawn. APPOINTMENT PERSONNEL BOARD Mayor Benjamin stated there is one vacancy on the Personnel Board. Applications were received from Edward Buttyan and Christopher Menkin. Council voted four to zero in favor of Christopher Menkin. Mr. Menkin was appointed to the Personnel Board for a five year term. BID AWARD UNMARKED POLICE VEHICLE REPLACEMENT Mr. Ventura moved to award the bid for three (3) 1984 model used cars to National Car Rentals for $8,025.00 per unit, for a total purchase price of $24,075.00 including tax. Mr. Carlson seconded. Carried unanimously. WRITTEN COMMUNICATIONS (referral/file) a.Letter from Mme. Yvette regarding the trash enclosure at the Burger Pit on Saratoga Avenue. Mr. Carlson moved to refer to the Acting Town Manager for response. Mr. Ventura seconded. Carried unanimously. b.Letter from the residents of Broadway Extension requesting two street lights. Mr. Carlson moved to refer to the Town Engineer for report at the October 21, 1985 Council meeting. Mr. Ventura seconded. Carried unanimously. c.Letter from M. & Mrs. H. P. Durham regarding commendation of Town employees. Notify the respective employees. Note and file. d.Notice from the PUC regarding a hearing for Five Star Limousine Service application to operate an airport shuttle. Mr. Carlson moved to refer to Town Attorney for report. Mr. Ventura seconded. Carried unanimously. BUS STOP - SARATOGA AVENUE Mr. Carlson moved to adopt Resolution No. 1985-138 entitled, BUS LOADING ZONE ON THE SOUTH SIDE OF SARATOGA AVENUE EAST OF VILLAGE LANE. Mr. Ventura seconded. Carried unanimously. TRACT 7791 APPROVAL OF FINAL MAP Mr. Carlson moved to adopt Resolution No. 1985-139 entitled, RESOLUTION APPROVING AND ACCEPTING FINAL MAP OF TRACT NO. 7791; and authorize execution of the contract for public improvements. Mr. Ventura seconded. Carried unanimously. PARKING COMMISSION ACTIVITY REPORT #22 Council informational report. ABC LICENSE 15704 LOS GATOS BOULEVARD Council informational report. COUNTY REFERRALS Mr. Carlson moved to accept staff recommendation as follows: 2613-33-37-85LA 23450 Wrights Station Road Barbic Lot Line adjustment no comment. 2621-27-43-858 Hillside Drive Morgan Single Residential no comment. 2175-30-48-84B-84DR Aztec Ridge Road Hogan-Modir Residence Design Review granted by County. Mr. Ventura seconded. Carried unanimously. SCHEDULE OF PUBLIC HEARINGS Council informational report. REVISED FEE SCHEDULE FOR SECONDARY DWELLING UNITS Mr. Carlson moved to adopt resolution No. 1985-140 entitled, A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS SETTING A FEE SCHEDULE FOR ZONING, CALIFORNIA ENVIRONMENTAL QUALITY ACT AND SUBDIVISION PROCEEDINGS AND FOR VARIOUS ENGINEERING SERVICES; authorize refunds of $150.00 each to the 46 applicants for Secondary Dwelling Unit Permits who have paid fees; and approve a supplemental appropriation of $6,900.00 to cover the cost of the refund. Carried by a vote of three ayes. Mr. Ferrito voted no. Mr. Daily was absent. ZONING ORDINANCE AMENDMENT - CORRECT CROSS REFERENCE IN ORDINANCE 1654 Mr. Carlson moved to waive the reading for AN ORDINANCE OF THE TOWN OF LOS GATOS CORRECTING CROSS REFERENCES IN ORDINANCE NO. 1654. Mr. Ventura seconded. Carried unanimously. Sr. Deputy Clerk read title. Mr. Ferrito moved Ordinance be introduced. Mr. Ventura seconded. Carried unanimously. This ordinance pertains to the Secondary Dwelling Unit Ordinance. SANTA CLARA VALLEY WATER DISTRICT Mr. Carlson moved to direct the Director of Maintenance services to coordinate inspection of waterways, identification of maintenance concerns and prioritization of corrective measures with Santa Clara Valley Water District. Mr. Ventura seconded. Carried unanimously. Mayor Benjamin requested a response be drafted to the water district on what the Town is going to do. ROTARY CLUB'S GREAT SARATOGA TO LOS GATOS RACE Mr. Ventura moved to approve the Rotary Club's request to conduct "The Great Saratoga to Los Gatos Race" on Sunday, January 5, 1986 with notices to be published for advance warning to the residents. Mr. Carlson seconded. Carried unanimously. FLOOD CONTROL ADVISORY COMMITTEE SANTA CLARA VALLEY Mr. Carlson moved to renominate ronald Zapf, Representative, and Gary Wolfinger, Alternate, to the Central and North Central Flood Control Zone Advisory Committees. Mr. Ventura seconded. Carried unanimously. HOUSING ASSISTANCE PLAN - HUD Mr. Carlson moved to adopt Resolution No. 1985-141 entitled, A RESOLUTION AUTHORIZING SUBMITTAL OF HOUSING ASSISTANCE PLAN TO HUD. Mr. Ventura seconded. Carried unanimously. This plan is for the period from October 1, 1985 through September 30, 1988. REVENUE SHARING FUNDS SUPPLEMENTAL APPROPRIATION Mr. Carlson moved to approve a supplemental appropriation from the General Revenue Sharing reserve funds to cover the Live Oak Nutrition Program's FY 1984-85 allocation. Mr. Ventura seconded. Carried unanimously. YOUTH ADVISORY COMMISSION Mr. Carlson moved to adopt Resolution No. 1985-142 entitled, AMENDING THE RESOLUTION ESTABLISHING THE YOUTH ADVISORY COMMISSION AND RESCINDING RESOLUTION NOS. 1983-244, 1984-13A, AND 1984-26. Mr. Ventura seconded. Carried by a vote of three ayes. Mr. Ferrito abstained. Mr. Daily was absent. STATUS ON TOXIC CLEAN-UP Council informational item. COMMENDING ANN ATKINSON Mr. Carlson moved to adopt Resolution No. 1985-143 entitled, A RESOLUTION COMMENDING ANN ATKINSON. Mr. Ventura seconded. Carried unanimously. RENTAL MEDIATION REGULATIONS NEW MOBILE HOME PARK RESIDENTS Mr. Carlson moved to adopt Resolution No. 1985-144 entitled, RESOLUTION AMENDING THE LOS GATOS RENTAL MEDIATION REGULATIONS TO REGULATE RENT INCREASES TO NEW MOBILE HOME PARK RESIDENTS. Mr. Ventura seconded. Carried by vote of two ayes. Mr. Ferrito and Mayor Benjamin abstained, they were not present for the discussion and earlier decision on this item. Mr. Daily was absent. APPEAL - 400 BLOSSOM HILL RD. Mr. Ventura moved to adopt Resolution No. 1985-145 entitled, RESOLUTION REFERRING TO THE PLANNING COMMISSION THE APPEAL OF THE DECISION OF THE PLANNING COMMISSION DENYING ARCHITECTURE AND SITE APPLICATION AND VARIANCE APPLICATION. Mr. Carlson seconded. Carried unanimously. MINUTES SEPTEMBER 3, 1985 Mr. Ferrito requested on page 3, "Communication a", to include the staff response to Mr. Tower's letter be included in the minutes. Mr. Carlson moved the minutes of September 3, 1985 be approved as amended. Mr. Ventura seconded. Carried unanimously. MINUTES SEPTEMBER 9, 1985 Mr. Ventura requested that the vote on the Career & Professional Development grant be corrected to read, "Carried by a vote of two ayes. Mr. Daily and Mr. Ferrito abstained. Mr. Carlson was absent". Mr. Ferrito requested the minutes be corrected to read that he abstained on all the votes except the two food programs (Live Oak Nutrition Center and Food Bank). Mr. Ferrito moved the minutes of September 9, 1985 be approved as corrected. Mr. Ventura seconded. Carried by a vote of three ayes. Mr. Carlson abstained. Mr. Daily was absent. SEPTEMBER 13TH PAYROLL Mr. Carlson moved to approve the September 13, 1985 payroll in the amount of $37,282.99; incentive awards in the amount of $500.00; and warrants relating to payroll in the amount of $55,505.02. Mr. Ventura seconded. Carried unanimously. SEPTEMBER 1985 WARRANTS Mr. Carlson moved to approve the warrants for September 1985 in the amount of $424,267.21; and August 29, 1985 Special Payroll checks in the amount of $59,973.96 with correction of description of Wang Laboratories check number 21590, in the amount of $14,088.04. Mr. Ventura seconded. Carried unanimously. APPEAL 812 POLLARD ROAD HANDICAP ACCESS Mayor Benjamin stated this was the time and place duly noted for public hearing to consider the appeal of the Building Official's decision regarding handicapped access at 812 Pollard Road Unit H. Maria Flaherty, 121 Smith Creek Drive, spoke in support of her appeal. Mr. Watson, Building Official answered Councils questions. No one else from the audience wished to speak on this issue. Mr. Ferrito moved to close the public hearing. Mr.Carlson seconded. Carried unanimously. Mr. Ferrito moved to continue this item to October 21, 1985 Council meeting. Mr. Ventura seconded. Carried unanimously. The continuance would enable Mrs. Flaherty to work with Mr. Watson to revise her plans. NEIGHBORHOOD CENTER FEE CHANGES Mr. Carlson moved to reschedule the public hearing for the January 6, 1986 Council meeting. Mr. Ferrito seconded. Carried by a vote of three ayes. Mr.Daily and Mr. Ventura were absent. VACATION OF EASEMENT 196 COLLEGE AVE. Mayor Benjamin stated this was the time and place duly noted for public hearing to consider the request to vacate a five foot wide wire clearance easement across the property located at 196 College Avenue. No one in the audience wished to speak on this item. Mr. Ventura moved the public hearing be closed. Mr. Carlson seconded. Carried unanimously. Mr. Ventura moved to adopt Resolution No. 1985-146 entitled, ORDER VACATING FIVE FOOT WIDE WIRE CLEARANCE EASEMENT ACROSS PROPERTY LOCATED AT 196 COLLEGE AVENUE (APN 529-31-057). Mr. Carlson seconded. Carried unanimously. APPEAL - 576 W. PARR AVENUE ANCIANO VILLAGE Mayor Benjamin stated this was the time and place duly noted to consider Zone Change Application Z-82-2B, requesting modification to an existing planned development to delete the requirements restricting occupancy to senior citizens only for property in the R-1:8000-PD zone. The property is located at 576 W. Parr Avenue. William Hedley, Architect for the project discussed the problems they were having and the steps that were taken before coming before the Council. Mr. Steve Gorack (sp?) representing Charter Financial Management explained the problems they were having with the sale and financing of the units. Ali Mozaffari, owner of the project answered Councils questions. Gertrude Tompkins, 14 W. Main St., and others spoke on their concerns. Mr. Ventura moved the public hearing be closed. Mr. Ferrito seconded. Carried unanimously. There was further discussion on a solution to the problem. Mr. Hedly requested a continuance for further study. Mr. Carlson moved to continue this item to the October 21, 1985 Council meeting with answers to the following questions: 1). Why are the Commons selling well and what are they doing different? 2). How few units could Anciano Village get away with in a rental situation. In Addition Mr. Ferrito asked that the Community Services Commission, Rehab Program, Senior Coordinating Council, local realtors, Community Housing resource Board, and other local agencies to be contacted to see what they can do in aiding the selling of the units. Mr. Ferrito seconded. Carried unanimously. APPEAL - SINGLE FAMILY RESIDENCE 121 MADERA COURT Mayor Benjamin stated this was the time and place duly noted for public hearing to consider the appeal of Planning Commission's denial of request for approval of plans for construction of a single family residence in the HR-2 1/2 Zone at 121 Madera Court. Allen DeGrange, Architect for the project, discussed the changes that were required by the Planning Commission and the changes that were made that the Commission was unaware of. He feels the Planning Commission erred in their decision, the house is consistent with the hillside standards and other houses in the neighborhood. No one else in the audience wished to speak on this issue. Mr. Ferrito moved the public hearing be closed. Mr. Carlson seconded. Carried unanimously. Mr. Ferrito moved to refer this matter back to the DRC with the following recommendations: building footprint and pad be reduced; house be redesigned to step down hillside and redesign roofline (both intended to reduce visibility); find ways to lessen proposed grading and fill; and change screening by not using potted plants. Mr. Ventura seconded. Carried unanimously. APPEAL - OFFICE BUILDING 407 ALBERTO WAY Mayor Benjamin stated this was the time and place duly noted for public hearing to consider the appeal of Planning Commission's decision to deny a 4,188 square foot office building at 407 Alberto Way (S-85-30). Mr. Ventura has a lease-hold interest in this project, therefore he will abstain from participation in this public hearing. Lee Bowman explained the history of the development of the trips generation and the assignment to the various parcels on Alberto Way. Charles DeFritas, representing owner; Roger Griffin, 405 Alberto Way; Jose Debasa, owner; and Gary Black representing Westland Investments all spoke in support of the appeal. Robert Hamilton spoke on trips allocated and what will be left for allocation to the Maggi property. He sees problems of further development of property in the area. No one else in the audience wished to speak on this issue. Mr. Ferrito moved to close the public hearing. Mr. Carlson seconded. Carried by a vote of three ayes. Mr. Ventura abstained and Mr. Daily was absent. Mr. Ferrito moved to affirm the decision of the Planning Commission and finds the Planning Commission focused on the wrong reasons, the real reason was the allocation of the trips per parcel, sighting that the current Ordinance only allocates strips to undeveloped parcels and none of the developed parcels are allocating any trips in the present situation. Mr. Carlson seconded, siting also this was consistent with our previous decisions for parcels in which we do not allocate trips. Carried by three ayes. Mr. Ventura abstained and Mr. Daily was absent. Staff to instruct the Planning Commission when it develops a recommendation for an allocation formula for Blossom Hill, they consider this very problem. There may be some partially developed parcels that if they have trips allocated to them they should be based upon full potential buildout. Also Council requests a report regarding implications of refunding of fees for the October 21, 1985 Council meeting. Planning Commission to begin a general plan amendment to make more specific wording about Alberto Basin not just Blossom Hill. Town Attorney to prepare a resolution for Council consideration at the October 21, 1985 Council meeting. RECESS Mayor Benjamin declared a recess. PARKING INDUSTRIAL WAY A request had been made to modify the parking along Industrial Road between Roberts Road and Blossom Hill Road in order to provide parking for the adjacent commercial properties. Mr. Ken Phiko, 627 University Avenue, requested a re- evaluation of their properties done as to what was really going to be required for the businesses. Mr. Zapf, Town Engineer, is to meet with Mr. Phiko and discuss this issue. Mr. Ventura requested the Town look into acquiring all or part of the vacant lot on the corner of University Avenue and Roberts Road. It was Council consensus to accept the report regarding parking on Industrial Road. Staff to return with a report on January 20, 1986. BLOSSOM HILL ROAD TRAFFIC By a consensus motion Council accepted the report on Blossom Hill Road traffic and referred it to the Planning commission for their information. LEXINGTON RESERVOIR MASTER PLAN EVALUATION It was consensus of Council to accept the report on the Lexington Reservoir Master Plan and appoint Mr. Carlson and Mr. Ventura to the subcommittee. PARKING RELATED ISSUES This item was withdrawn from the agenda. BOYER PROPERTY PARKING Robert Hamilton, 368 Bella Vista Avenue stated the Boyer property was approximately 4 to 4 1/2 acres and is on the market for 5 1/2 million. The choicest piece is the area near the freeway. Mr. Ventura stated this could only be considered if the cost was less than the cost to put deck on the existing lot behind Season's Restaurant. Consensus of Council to return Parking commission's request regarding the Boyer property with the above additional information. PARKING PROBLEMS 600 N. SANTA CRUZ AVENUE Mr. Carlson moved for staff to write a letter and Mayor to sign the letter to the respective legislators including copies of the Town's letter and a copy of the DMV's letter and stating why we say this is unacceptable and asking for some help. Mr. Ferrito seconded. Carried unanimously. A copy to be sent to the DMV. PARATRANSIT COUNCIL Mr. Ventura stated the Transportation Commission recommended that the structure of the PCC be changed, an appeals process be set up, and the budget process revamped. The recommendations have been sent on to the Board of Supervisors. ADJOURNMENT Mr. Ferrito moved the meeting be adjourned at 11:20 p.m. to an executive session on September 18, 1985, to discuss personnel matters and to hold a study session. ATTEST: Rebecca L. Yates Sr. Deputy Clerk