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M 06-02-86TOWN OF LOS GATOS CALIFORNIA TOWN COUNCIL/PARKING AUTHORITY AGENDA JUNE 2, 1986 TOWN COUNCIL The Town Council/Parking Authority met in a joint meeting in the Council Chambers of the Town Hall at 7:40 p.m., in regular session. ROLL CALL PRESENT:Joanne Benjamin, Brent N. Ventura, and Mayor Terrence J. Daily. ABSENT:Eric D. Carlson, and Thomas J. Ferrito. Mr. Carlson arrived at 8:45 p.m. Mr. Ventura left the meeting at 9:50 p.m. PLEDGE OF ALLEGIANCE Given by all in attendance. CLOSED SESSION REPORT The Town Attorney reported that Council had met in closed session following the Council meeting on May 19, 1986 and discussed the property acquisition of 20 Grays Lane (Boyle property), there is nothing to report at this time. Council also discussed labor relations and there is no report from the discussion. The closed session scheduled to be held prior to tonight's Council meeting will be held after the meeting along with additional items which will be announced at the adjournment. EX-AGENDA Mrs. Benjamin requested that item 35, discussion of planting in Vinyard Court median island (Tract 3538), be added to the agenda. Mr. Ventura requested the addition of item 36, Council position regarding Vasona Corridor. COMMUNICATIONS (referral/file) 1.Letter from Leigh Smith requesting traffic improvements on E. Main Street at Pleasant Street. Mr. Ventura moved to refer this request to the Town Manager for report. Mrs. Benjamin seconded. Carried by a vote of three ayes. Mr. Ferrito and Mr. Carlson was absent. 2.Letter from Marcus Christensen regarding downtown cruising. Mr. Ventura moved to refer this correspondence tot the Town Manager for report. Mrs. Benjamin seconded. Carried by a vote of three ayes. Mr. Ferrito and Mr. Carlson were absent. 3.Letter from Los Gatos High School requesting assistance with re-routing traffic for the High School Graduation to be held June 20th, 1986, at 6:00 p.m. Mr. Ventura moved to refer this request for assistance to the Town Manager for action. Mrs. Benjamin seconded. Carried by a vote of three ayes. Mr. Ferrito and Mr. Carlson were absent. SCHEDULE OF PUBLIC HEARINGS Informational report for Council on upcoming scheduled public hearings. COUNTY REFERRALS Mr. Ventura moved to accept staff recommendation on the following: 28210-26-47-86P-86A Lakeview Court Carlson re-submittal no comment. 2875-30-52-86V Kennedy Road Rude Variance The property is contiguous to the Town limits on two sides and the applicant has signed an annexation petition. Under established policy the Town could issue a building permit prior to the completion of the annexation eliminating the need for the Variance application. However, the applicant was unaware of this. Staff checked with the County to see whether the applicant could get a refund if the application were withdrawn and the answer was no. Therefore, it seems appropriate for the application to proceed in the County with the Town's support for approval. Mrs. Benjamin seconded. Carried by a vote of three ayes. Mr. Ferrito and Mr. Carlson was absent. PLANNING COMMISSION DEPARTMENT MONTHLY REPORT Council informational report. It was noted that 16-16 1/2 Clifton - reversion to acreage - Crafford subdivision, should be deleted from the report. PARKING COMMISSION REPORT Council informational report. It was noted, as of May 22, 1986, owners of 68 properties representing 55% of the land area have signed the petition. REFUND REQUEST 17101 LOS ROBLES WAY (OLD NATIONAL FINANCIAL SERVICE) It was noted that letter was received requesting continuance of this item until June 16, 1986. Mrs. Benjamin moved to grant this request and continue this request for refund of Planning fees until June 16, 1986. Mr. Ventura seconded. Carried by a vote of three ayes. Mr. Ferrito and Mr. Carlson were absent. ACCEPTANCE OF OPEN SPACE EASEMENT AGREEMENT (BLAIR) Mr. Ventura moved for adoption of amended Resolution No. 1986-73 entitled, RESOLUTION AUTHORIZING ACCEPTANCE OF OPEN SPACE AGREEMENT ON PROPERTY KNOWN AS THE BLAIR PROPERTY AND AUTHORIZING MAYOR TO EXECUTE CERTIFICATE OF ACCEPTANCE OF GRANT TO OPEN SPACE EASEMENT; and approve the concept that the Town will accept an open space easement over four acres to be granted in fee to the Midpeninsula Regional Open Space district. Mrs. Benjamin seconded. Carried by a vote of three ayes. Mr. Ferrito and Mr. Carlson were absent. Mr. Ventura questioned not having a map of the area involved. Mr. Bowman stated there was no map but only a leaps and bounds description. Mr. Ventura requested staff to see about getting a map to go along with the description. PARKING PROHIBITION ROBERTS ROAD Mr. Ventura moved for adoption of Resolution No. 1986-74 entitled, PARKING PROHIBITION - ROBERTS ROAD. This prohibits parking on both sides of Roberts Road between Roberts Road Bridge and Blossom Hill Road. Mrs. Benjamin seconded. Carried by a vote of three ayes. Mr. Ferrito and Mr. Carlson were absent. FAIR LABOR STANDARDS ACT WORK PERIOD AMENDMENT Mr. Ventura moved for adoption of resolution No. 1986-75 entitled, RESOLUTION AMENDING RESOLUTION DECLARING WORK PERIODS UNDER THE FEDERAL FAIR LABOR STANDARDS ACT. Mrs. Benjamin seconded. Carried by a vote of three ayes. Mr. Ferrito and Mr. Carlson were absent. AMENDMENT ZONING ORDINANCE RELATING TO DEFINITIONS & HOUSING ASSISTANCE PROGRAMS Mr. Ventura moved for adoption of Ordinance No. 1685 entitled, AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING CHAPTERS 2.00 AND 3.90 OF THE TOWN ZONING ORDINANCE RELATING TO DEFINITIONS AND HOUSING ASSISTANCE PROGRAMS. Mrs. Benjamin seconded. Carried by a vote of three ayes. Mr. Ferrito and Mr. Carlson were absent. SHANNON ROAD INCREASED SPEED LIMIT Letters were received from Marjorie M. Rice and Mr. & Mrs. Tom Toombs regarding speed limit on Shannon Road from Short Road to the east of Happy Acres Road. Mr. Ventura moved to authorize the Town Engineer to transmit a copy of this report to Ms. Rice and Mr. and Mrs. Toombs. Mrs. Benjamin seconded. Carried by a vote of three ayes. Mr. Ferrito and Mr. Carlson were absent. Mrs. Benjamin also requested a copy of this report to be sent to Mrs. Peterson and Mrs. Schulman. TRAFFIC IMPROVEMENTS KENNEDY ROAD & S. KENNEDY ROAD Informational report for Council. UTILITY POLES WITHIN CURB RETURNS Mayor Daily spoke on his concerns regarding placement of utility poles within curb returns and feels it presents a substantial hazard and liability problem for agencies involved. By consensus of Council staff directed to send letter requesting utility company involved, if they would consider, in view of what we perceive to be liability problems, removing those poles at their expense. ILLEGAL PARKING & PARKING CONGESTION SHANNON ROAD WEST VALLEY DODGE Informational report for Council. POLLARD ROAD & W. PARR AVENUE CROSSWALKS Mr. Ventura moved the request for painted crosswalks on Pollard Road and West Parr Avenue, received from the residents of Villa Vasona, be held in abeyance until completion of the County Transit District bus line routing study. Mrs. Benjamin seconded. Carried by a vote of three ayes. Mr. Ferrito and Mr. Carlson were absent. RELOCATING STATE FIRE ACADEMY AT MISSION COLLEGE. Mr. Ventura moved to support the Central Fire District's request of relocating the State Fire Academy at Mission College. Letter of support to be sent to James F. McMullen, State Fire Marshall. Mrs. Benjamin seconded. Carried by a vote of three ayes. Mr. Ferrito and Mr. Carlson were absent. MAY 19, 1986 MINUTES Mr. Ventura moved the minutes of May 19,1986 be approved as submitted. Mrs. Benjamin seconded. Carried by a vote of three ayes. Mr. Ferrito and Mr. Carlson were absent. MAY 23, 1986 PAYROLL & RELATED WARRANTS Mr. Ventura moved for approval of the May 23, 1986 payroll, in the amount of $146,461.06 and payroll related warrants in the amount of $198,682.18. Mrs. Benjamin seconded. Carried by a vote of three ayes. Mr. Ferrito and Mr. Carlson were absent. APPEAL 80 BROADWAY SECONDARY UNIT (BAUMGARDNER) Mayor Daily stated this was the time and place duly noted for continued public hearing to consider the appeal of Building Official's decision concerning code correction required for approval of a secondary living unit at 80 Broadway. It was reported staff has been working with the appellant regarding rehabilitation loan and to date have not been able to resolve said issue. Mr. Ventura moved to continue this appeal to June 16, 1986, to allow more time for staff to resolve said issue. Mrs. Benjamin seconded. Carried by a vote of three ayes. Mr. Ferrito and Mr. Carlson were absent. TREASURER'S REPORT APRIL 30, 1986 Mayor Daily stated that Council is in receipt of the Town Treasurer's report for April 30, 1986. ALMOND GROVE PREFERENTIAL PARKING BOUNDARY CHANGE Mayor Daily stated this was the time and place duly published for public hearing to consider request for removal of (3) existing preferential parking permit spaces on the south side of Bachman Avenue between Wilder Avenue and Victory Lane. Speaking in opposition to the removal of the three (3) preferential parking spaces were Robert Holding, 300 Bachman Avenue; Minty Brown, 121 Wilder Avenue; and Beth Zientek, 106 Tait Avenue,President of the Almond Grove Neighborhood Association. No one else wished to speak on this issue, Mr. Ventura moved the public hearing be closed. Mrs. Benjamin seconded. Carried by a vote of three ayes. Mr. Ferrito and Mr. Carlson were absent. Mrs. Benjamin moved to deny the request to remove the three permit parking spaces based on testimony heard from people speaking tonight. The permit parking was put in to solve a problem of late night parking and once a few spaces are removed, it will have moved further into neighborhood where people are sleeping. Mr. Ventura seconded and stated that Council had reached this preferential parking through extended periods of public hearings and no need to change now and upset the balance. Motion carried by a vote of three ayes. Mr. Ferrito and Mr. Carlson were absent. APPEAL 216 GLEN RIDGE AVENUE (MC MANIS) The Planning Director and Town Attorney requests this matter be reconsidered. Council's action should indicate all sections of the Zoning Ordinance regulating existing secondary dwelling units be applicable and that compliance must be completed by a specific date or the Council's action is void. The resolution was not drafted since the Council did not consider any of this during the hearing on May 19, 1986. Mr. Ventura moved for reconsideration of this matter. Mrs. Benjamin seconded. Carried by a vote of three ayes. Mr. Ferrito and Mr. Carlson were absent. The Clerk was directed to readvertise the notice of reconsideration and the hearing to be set for July 7, 1986. EIR STUDY ON INTERCHANGE ON HWY 17/BEAR CREEK ROAD The Manager referred to letter from Susanne Wilson requesting Town's participation in an Environmental Impact Study of a Highway 17 interchange at Bear Creek Road. The Town Manager stated Ms. Wilson has been successful in getting support from Caltrans to fund a portion of this study. Cost for the Town would be $10,000. After further discussion on this issue, Mr. Ventura moved to authorize participation in the Environmental Impact Study for an interchange on Highway 17 at Bear Creek Road and a supplemental appropriation of $10,000 for contribution on the condition that staff investigate and report back on the possibility of putting together a joint powers agreement to set up guidelines for decision making process. Mrs. Benjamin seconded. Carried by a vote of three ayes. Mr. Ferrito and Mr. Carlson were absent. LOS GATOS BLVD. CORRIDOR STUDY Discussion was held on staff recommendation and Town Engineer, Ron Zapf, answered questions of Council members regarding scope of services. Mr. Zapf stated the Amendment No. 1 before Council tonight includes Nino and Roberts Road as requested by Council at previous meeting. Mrs. Benjamin moved to have staff report brought back at July 7, 1986 Council meeting regarding the meeting results with Fisher and Van Meter Schools, Calvary Baptist Church and the Villa de Los Gatos Homeowner's Association concerning proposed Los Gatos Boulevard/Nino Ave. improvements. Mr. Ventura seconded. Carried by a vote of three ayes. Mr. Ferrito and Mr. Carlson were absent. Mr. Ventura moved to adopt Resolution No. 1986-76 entitled, RESOLUTION APPROVING AMENDMENT NO. 1 TO THE AGREEMENT WITH RUTH AND GOING, INCORPORATED. (This authorizes agreement amendment with a maximum fee for services at $49,400). Mrs. Benjamin seconded. Carried by a vote of three ayes. Mr. Ferrito and Mr. Carlson were absent. JOINT POWERS AGREEMENT PUBLIC LIABILITY INSURANCE The Town Manager reported that the Association of Bay Area Government's has facilitated the creation of a Joint Powers Agreement for Public Liability Insurance. The Town has been accepted as a charter member of the pool, subject to the Council's approval. After further discussion, Mrs. Benjamin moved for adoption of Resolution No. 1986-77 entitled, A RESOLUTION OF THE COUNCIL OF THE TOWN OF LOS GATOS AUTHORIZING THE EXECUTION AND DELIVERY OF ABAG PLAN 1 DOCUMENTS. Mr.Ventura seconded. Carried by a vote of three ayes. Mr. Ferrito and Mr. Carlson were absent. REQUEST REFUND HOME OCCUPATION PERMIT Sally P. Cheney spoke on her request for refund for Home Occupation Permit Fee, stating she had paid $40.00 and within 24 hours she had requested a refund due to her decision not to go into business as she had anticipated. Discussion was held as to whether there was any staff time spent on the processing of said permit. There had been none and no cost to Town occurred. Mrs. Benjamin moved that the fee of $40.00 be refunded to Mrs. Cheney. Mr. Ventura seconded. Carried by a vote of three ayes. Mr. Ferrito and Mr. Carlson were absent. Mr. Carlson arrived t 8:45 p.m. REQUEST REFUND FEE FOR CERTIFICATE OF COMPLIANCE (SEABORN) Mrs. Seaborn spoke on her request for refund for Certificate of Compliance stating that Town had changed the law after she had made her application and this would not allow her to build on the property. Discussion was held on the change in the law. It was also noted the Certificate of Compliance has never been issued. There was further discussion regarding the possibility of merging the two lots. The Planning Director answered questions on the rules of merger of lots. After further discussion, Mrs. Benjamin moved fees in the amount of $2,400 be refunded to Mrs. Seaborn as this is a unique situation and due to Council taking action changing the law after application was made. This action taken on condition that the Certificate of Compliance not be issued and Mrs. Seaborn sign the necessary papers to eiother terminate or withdraw the application, as Planning deems necessary. Mr. Ventura seconded. Carried by a vote of three ayes. Mr. Ferrito was absent and Mr. Carlson abstained. JOINT POWERS AGREEMENT GREEN VALLEY DISPOSAL Discussion was held on proposal showing the modified rates for refuse collection by Campbell, Saratoga, Monte Sereno and Los Gatos. Mr. Dennis Varni answered questions of Council on said proposal. Mrs. Benjamin questioned why Los Gatos has no senior citizens rates as Saratoga. Mr. Carlson questioned the rate of hard-to-serve curbside in Los Gatos being higher rate than that of Saratoga. After further questions, Mr. Ventura moved for adoption of resolution as proposed. Mrs. Benjamin seconded. Motion fails. Mr. Daily and Mr. Carlson voting no. Mr. Carlson spoke of inadequacy of the rates of Saratoga in comparison to the ones in Los Gatos. Mr. Varni stated he felt this would have to be decided between the four cities. Further discussion was held on the inadequacy whereby Mr. Carlson moved to approve 5.8% increase for Los Gatos subject to Saratoga approving an increase of 11% and that no comparable residential service in Saratoga to cost less than that in Los Gatos. Mr. Ventura seconded. Carried by a vote of four ayes. Mr. Ferrito was absent. Mr. Carlson moved for adoption of Resolution No. 1986-78 entitled, RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS MODIFYING RATES FIR REFUSE COLLECTION SERVICES, (This approves 5.8% increase for Los Gatos subject to Saratoga approving an increase of 11% and that no comparable residential service in Saratoga, to cost less than that in Los Gatos. Mr. Ventura seconded. Carried by a vote of four ayes. Mr. Ferrito was absent. COMMUNICATIONS (for action) a.Letter received from American Title Co., stating due to fire destroying the building in which they had been doing business, they are requesting Council permission and waiver to have a temporary structure placed at the former location so they may continue until such time building is rebuilt. Discussion was held as to a definite date being set for removal of temporary structure. The Planning Director, Lee Bowman, answered questions of Council. After further discussion, Mr. Ventura moved to approve the request for temporary structure being placed at the location noted, with condition that a date certain be specified for expiration and removal of temporary structure. Mrs. Benjamin seconded. Carried by four ayes. Mr. Ferrito was absent. b.Letter received from George Chung, American's Best Karate, requesting temporary Conditional Use Permit to allow him to reopen his business at 805 University Avenue, (due to building in which he had his business being destroyed by fire). The Planning Director answered questions of Council regarding zoning regulations. After further discussion, Mr. Ventura moved to grant the request and allow Mr. Chung to reopen his business at 805 University Avenue, prior to the Conditional Use Permit application being processed. Mrs. Benjamin seconded. Carried by a vote of four ayes. Mr. Ferrito was absent. EXTENSION OF URGENCY ORDINANCE RE CONSTRUCTION OF DWELLINGS ON NONCONFORMING LOTS Mayor Daily stated this was the time and place duly published for public hearing to consider the extension of Ordinance No. 1684, AN URGENCY INTERIM ZONING ORDINANCE CONCERNING THE CONSTRUCTION OF DWELLING ON NONCONFORMING RESIDENTIAL LOTS AS SET FORTH IN SECTION 3.50.140 OF THE ZONING ORDINANCE. Speaking on this issue was George Tobin, representing Mr. & Mrs. James A. Stoops and Mrs. Phyllis Seaborn. Mr. Tobin stated they want to make sure that the attitude of the Council has not changed and that this proposed Ordinance is not going to be applied to defeat the objective of a new building being built on property at the corner of Wilder and Bachman Avenues. Mrs. Benjamin restated the statement she had made previously regarding the property a 229 Bachman Avenue. Council sent this appeal back to the Planning Commission with directions that (1) the building could be demolished; and (2) a new building could be built there and this new ordinance ohs not apply to the property t 229 Bachman Avenues. No one else from the audience wished to speak on this issue. Mr. Ventura moved hearing be closed. Mrs.Benjamin seconded. Carried by a vote of four ayes. Mr. Ferrito was absent. Mr. Ventura moved reading be waived for AN URGENCY INTERIM ZONING ORDINANCE EXTENDING ORDINANCE NO. 1684 AMENDING SECTION 3.50.140 OF THE LOS GATOS ZONING ORDINANCE FOR NONCONFORMING LOTS. Mrs. Benjamin seconded. Carried by a vote of four ayes. Mr. Ferrito was absent. Clerk read title of Ordinance. Mr. Ventura moved for introduction of the Ordinance. Mrs. Benjamin seconded. Carried by a vote of four ayes. Mr. Ferrito was absent. Mr. Ventura moved for adoption of Ordinance No. 1686 entitled, AN URGENCY INTERIM ZONING ORDINANCE EXTENDING ORDINANCE NO. 1684 AMENDING SECTION 3.50.140 OF THE LOS GATOS ZONING ORDINANCE FOR NONCONFORMING LOTS. Mrs. Benjamin seconded. Carried by a vote of four ayes. Mr. Ferrito was absent. PARKING COMMISSION CAPITAL IMPROVEMENT PROGRAM Mrs. Benjamin moved to consider the recommendation of the Parking Commission's Capital Improvement Program during the budget deliberations. Mr. Carlson seconded. Carried by a vote of four ayes. Mr. Ferrito was absent. VASONA CORRIDOR MASS TRANSIT Mr. Ventura stated the Board of Supervisors are meeting June 3rd, to consider authorizing the alternative analysis study and environmental impact statement for Vasona Corridor Mass Transit Study which would include two forms of transit the LRT and Bart Mode. Mr. Ventura moved letter be sent in support of the study of mass transit in the Vasona Corridor. Mr. Carlson seconded. Carried by a vote of four ayes. Mr. Ferrito was absent. Mr. Ventura left the meeting at 9:50 p.m. CIVIC CENTER PARKING 20 MINUTE PARKING SPACES Mrs. Benjamin moved for adoption of Resolution No. 1986-79 entitled, TWENTY MINUTE PARKING CIVIC CENTER AND LIBRARY PARKING LOTS. Mr. Carlson seconded. Carried by a vote of three ayes. Mr. Ventura and Mr. Ferrito were absent. This Resolution establishes two (2) twenty minute parking spaces; one in the Library parking lot (West side of the Civic Center); and one in the main parking lot (East side of the Civic Center). SANTA CLARA VALLEY TRANSPORTATION COMMISSION APPOINTMENT Mayor Daily moved to reappoint Mr. Ventura to the Santa Clara Valley Transportation Commission and Clerk to notify the Commission. Mrs. Benjamin seconded. Carried by a vote of three ayes. Mr. Ventura and Mr. Ferrito were absent. EMERGENCY PREPAREDNESS COUNCIL APPOINTMENTS Mr. Carlson moved to appoint Mr. Ferrito to the Emergency Preparedness Council. Mrs. Benjamin seconded. Carried by a vote of three ayes. Mr. Ventura and Mr. Ferrito were absent. VINYARD ISLAND MEDIAN Mrs. Benjamin reported that there is a median island in the subdivision that has not been landscaped. Due to Council not having a copy of the report, Mayor Daily suggested this be referred to staff for report at the budget session. ADJOURNMENT Mayor Daily stated the meeting will be adjourned to a closed session. The Town Attorney stated, in closed session, Council will be discussing the following items which were previously scheduled to be held: labor relations; pursuant to Government Code Section 54956.9(c) institution of litigation of zoning violations; the acquisition of property at 16555 Shannon Road to be negotiated with Los Gatos Union School District; and pursuant to Government Code Section 54956.9(a) Town of Los Gatos v. Ferrari litigation. Mr. Carlson moved meeting be adjourned at 10:00 p.m. to closed session. Mrs. Benjamin seconded. Carried by a vote of three ayes. Mr. Ventura and Mr. Ferrito were absent. ATTEST: Rose E. Aldag Town Clerk