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M 02-18-86TOWN OF LOS GATOS CALIFORNIA TOWN COUNCIL/PARKING AUTHORITY AGENDA FEBRUARY 18, 1986 TOWN COUNCIL The Town Council/Parking Authority met in a joint meeting in the Council Chambers of the Town Hall at 8:05 p.m., in regular session. ROLL ALL PRESENT: Eric D. Carlson, thomas J. Ferrito, Brent N. Ventura, and Mayor Terrence J. Daily. ABSENT;Joanne Benjamin. PLEDGE OF ALLEGIANCE Given by all in attendance. PRESENTATION Mayor Daily presented a Resolution of Commendation to Tim Coughlin for his service to the citizens and the Community as a member of the Los Gatos Community Services Commission. Mayor Daily presented Resolution of Commendation to Robert Holding for his service to citizens and the community as a member of the Los Gatos Planning Commission. Kathryn Morgan, Chairperson of the Planning Commission, presented a resolution of Commendation to Mr. Holding on behalf of the Planning Commission. APPOINTMENT CULTURAL COMMISSION It was noted interviews for various vacancies on commissions were held prior to the Council meeting. There is one vacancy on the Cultural Commission. The Town Clerk stated applicants for said vacancy are Jeffrey Brown, Megan J. Davidson, Bobbi Kramer and Rita Baum. Mayor Daily declared nominations open. All four applicants were nominates. Voting was held. Mr. Jeffrey Brown received the majority of votes and was appointed to the Cultural Commission to fill the unexpired term of Ann Atkinson. Term expires July 1, 1986. APPOINTMENT PLANNING COMMISSION It was noted there is one vacancy on the Planning Commission. Applicants for said vacancy are Martin Waldinger, William Meinhardt, Dr. John Uhl, David Campbell, Eugene Ely, Herman Lorberbaum, Kent Couchee and William Duval. The Clerk declared nominations opened. Nominated were Dr. John Uhl, Dr. Lorberbaum and Martin Waldinger. Voting was held and Dr. John Uhl received the majority of votes and was appointed to the Planning Commission to fill the unexpired term of Robert Holding. Term expires August 1, 1988. APPOINTMENT COMMUNITY SERVICES COMMISSION It was noted there are three vacancies on the Community Services Commission. Applicants are John R. Powers III, Lynne Woodward, Eleanor Nicoladis, Catherine (Klein) Fisher, Mary Alice Blice, Dimone Pedersen, Dinah Patterson and Randy I. Danto. All applicants were nominated for said vacancies and voting was held. Receiving the majority of votes were Catherine Fisher, Mary Alice Blice, and Randy I. Danto. All were appointed to the Community Services Commission to serve for a Three year term each. Terms expire January 1, 1989. EXECUTIVE SESSION REPORT The Town Attorney reported that following the adjourned meeting of February 10, 1986 Council meeting, Council met in executive session pursuant to Government Code Section 54956.9(a) and discussed pending litigation on GTE Mobilnet v. Town and GTE Mobilnet PUC application nd there is nothing to report. Council also discussed the possible acquisition of Eilertson property and there is nothing to report. Prior to tonight's Council meeting Council met in executive session and pursuant to Government Code Section 54056.9(a), discussed pending litigation of Town v. Scott; Town v. Los Gatos Athletic Club; GTE Mobilnet v Town and Mobilnet PUC application and have nothing to report. Also, discussed there claims pursuant to Government Code Section 54956.9(b). For each claim Council first determined that there was significant exposure to litigation and authorized the following settlement: Claim of Bill Haley authorized settlement in the amount of $793.75; Claim Williams in the amount of $1,334.29. Pursuant to Government Code Section 54956.9(c) discussed the institution of litigation on violation of Hazardous Material Storage Ordinance; zoning violations; and Town Code violations. There is nothing to report. EX-AGENDA ITEMS As requested by Councilmember thomas J. Ferrito, add item 41. Letter from Green Foothills regarding ordinance to regulate the use of Gift deeds to create parcels in the unincorporated territory. BID AWARD MOBILE RADIO SYSTEM (TRANSIT ASSIST) It was noted bids were received from Metro Mobile Communications in the amount of $3,819.90 and Motorola Communications in the amount of $5,965.98. Due to Metro Mobile Communications bid not meeting certain specification it is recommended by staff to award the bid to Motorola Communications. Mr. Carlson moved to award the bid to Motorola Communications in the amount of $5,965.98.. Mr. Ferrito seconded. Carried by a vote of three ayes. Mr. Ventura voting no. COMMUNICATIONS (referral/file) a.Letter from Dennis Chambers requesting traffic signal and road improvements on Los Gatos Boulevard. Mr. Ventura moved to refer this to the Town Manager for report. Mr. Carlson seconded. Carried unanimously. b.Letter from the Los Gatos Lions Club requesting the use of areas 1 and 2 at Oak Meadow Park on Sunday, August 24, 1986 for their 31st Annual "Day-in- the-Park" fund raising bar-b-que. Mr. Ventura moved to refer this to the Town Manager for report. Mr. Carlson seconded. Carried unanimously. c.Letter received from Norman de Chauron representing the Carmel Art Guild requesting the use of the Town Plaza on April 12th and 13th, 1986. Mr. Ventura moved to refer this to the Town Manager for report. Mr. Carlson seconded. Carried unanimously. d.Letter from Joan Geisen, 217 Tait Avenue, with complaint regarding preferential parking in Almond Grove District. Mr. Ventura moved to refer this to Town Manager for report. Mr. Carlson seconded. Carried unanimously. e.Notice from Bay Area Cellular Telephone Company of an application for a certificate of public convenience and necessity of the Public Utilities Code. Mr. Ventura moved this be referred to Town Manager for report. Mr. Carlson seconded. Carried unanimously. SPEED LIMIT ON WINCHESTER BLVD. Mr. Ventura moved to accept staff recommendation and defer action until council consideration of the Town-wide Speed Zone Study in April, 1986. Mr. Carlson seconded. Carried unanimously. PARKING COMMISSION ACTIVITY REPORT Council informational report. COUNTY REFERRALS Mr. Ventura moved to accept staff recommendation as follows: 2736-26-47-86A 18240 Black Road Cuthbert Architectural and Site approval No comment. Mr. Carlson seconded. Carried unanimously. SCHEDULE OF PUBLIC HEARINGS Council information regarding upcoming schedule of public hearings. PLANNING DEPT. MONTHLY REPORT SECONDARY UNITS Council informational report. ZONING VIOLATIONS 16737 LEROY AVE. Council informational report. OUTDOOR PAGING SYSTEM Mr. Ventura moved for adoption of Ordinance No. 1673 entitled, AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING SECTION 11.30.080 OF THE LOS GATOS TOWN CODE RELATING TO OUTDOOR PAGING SYSTEMS. Mr. Carlson seconded. Carried unanimously. LANDMARK HISTORIC PRESERVATION OVERLAY ZONE Mr. Ventura moved for adoption of Ordinance No. 1674 entitled, AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING CHAPTER 4.86 OF THE ZONING ORDINANCE RELATING TO PERMITTED USES IN THE LANDMARK HISTORIC PRESERVATION OVERLAY ZONE. Mr. Carlson seconded. Carried unanimously. REZONING MACABEE GOPHER TRAP COMPANY Mr. Ventura moved for adoption of Ordinance No. 1675 entitled, AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING SECTION 2 OF ORDINANCE 1278 RELATING TO THE MACABEE GOPHER TRAP MANUFACTURING COMPANY. Mr. Carlson seconded. Carried unanimously. SECONDARY DWELLING UNITS ZONING ORDINANCE AMENDMENT Mr. Ventura moved for adoption of Ordinance No. 1676 entitled, AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING SECTION 3.96.050 OF THE TOWN ZONING ORDINANCE RELATING TO SECONDARY DWELLING UNITS. Mr. Carlson seconded. Carried unanimously. JANUARY 1986 FINANCIAL STATUS REPORT Mr. Ventura moved to accept the Financial Status Report for January, 1986. Mr. Carlson seconded. Carried unanimously. TRACT 7595 Mr. Ventura moved for adoption of Resolution No. 1986-25 entitled, RESOLUTION APPROVING AND ACCEPTING FINAL MAP OF TRACT NO. 7595; authorize execution of the contract for public improvements; refer to the Town Manager for a report; at a later time, the request for credit of payment of storm drainage fees paid to the City of San Jose. Mr. Carlson seconded. Carried unanimously. TOWN RETIREMENT PLAN - AUDIT FOR FY 1984-85 Mr. Ventura moved Council accept the FY 1984-85 audit for the Town Retirement Plan as submitted. Mr. Carlson seconded. Carried unanimously. CENTER FOR CAREERS & PROFESSIONAL DEVELOPMENT, INC. Mr. Ventura moved to acknowledge the efforts of the Center for Careers and Professional Development, Inc. as outlined in the letter dated January 14, 1986, and emphasize Council's directive that all services committed to the Town by the Center upon receipt of FY 1985-86 General Revenue Sharing Funds be honored. Mr. Carlson seconded. Carried unanimously. MINUTES - FEBRUARY 3, 1986 Mr.Ventura requested correction of minutes of February 3, 1986 as follows: Clerk to review tape on subject of Leroy Avenue Closure (page 4) and reword the last two sentences if necessary. Page 6, Subject Lexington Master Plan, to read "Council accept the report with the following changes (1) amendments included development of Alma College Site as a State park or Regional Open Space . . .". Mr. Ventura moved to approve the minutes of February 3, 1986 as corrected. Mr. Carlson seconded. Carried unanimously. MINUTES FEBRUARY 10, 1986 Mr. Carlson requested correction of minutes of February 10, 1986. These corrections were of mispellings, punctuations and minor changes. Mr. Carlson moved minutes of February 10, 1986 be approved as corrected. Mr. Daily seconded. Carried unanimously. PAYROLL JANUARY 31, 1986 Mr. Ventura moved for approval of January 31, 1986 payroll in the amount of $129,476.46 and related warrants in the amount of $52,670.39. Mr. Carlson seconded. Carried unanimously. WARRANTS FEBRUARY, 1986 Mr. Carlson moved for approval of February, 1986 warrants in the amount of $344,294.38. Mr. Ventura seconded. Carried unanimously. TOP OF THE HILL ROAD #5 ANNEXATION Mayor Daily stated this was the time and place duly noted for public hearing to consider the annexation of property known as Top of the Hill Rod #5 Annexation. No one from the audience wished to speak on this issue. Mr. Ferrito moved hearing be closed. Mr. Carlson seconded. Carried unanimously. Mr. Carlson moved for adoption of Resolution No. 1986-26 entitled, A RESOLUTION MAKING A FINDING REGARDING THE VALUE OF WRITTEN PROTESTS FILED AND NOT WITHDRAWN AND ORDERING THE ANNEXATION OF CERTAIN UNINHABITED TERRITORY DESIGNATED AS TOP OF THE HILL ROAD #5 TO THE TOWN OF LOS GATOS. Mr. Ferrito seconded. Carried unanimously. APPEAL 121 MADERA COURT (DEL CARLO) Mayor Daily stated this was the time and place duly published for public hearing to consider the appeal of Planning Commission's denial of architectural and site application S-84-62, requesting approval of plans for the construction of a single family residence in the HR-2 1/2 zone. Property is located at 121 Madera Court. Robert O'Toole, representing Mr. Del Carlo, presented Council with drawings showing design changes that have been made which would reduce the visibility of the proposed residence. He stated the application is in compliance with the Hillside standards of the Town of Los Gatos. Council questioned if height of the structure and the possible reduction of square footage would not make house less visible. Kathryn Morgan, member of the Planning Commission spoke on the denial of plans by the Planning Commission. After further discussion, Mr. Carlson stated he cannot see where Planning Commission erred in their denial and questioned Mr. O'Toole if appellant would like to modify his plans and present them back to Planning Commission. No one else wished to speak on this issue. Mr. Carlson moved hearing be closed. Mr. Ventura seconded. Carried unanimously. Mr. Ventura moved to refer this back to Planning Commission and DRC with the following suggestions: the height of building be limited to 22 feet; square footage of building be reduced; house be redesigned to step down the hillside to reduce visibility; and smooth roof line be designed to reduce visibility. Mr. Carlson seconded. Carried unanimously. The Town Attorney to prepare appropriate resolution for Council consideration at the next meeting. RECESS Mayor Daily declared a recess and stated Council would also be adjourning to executive session at this time. Meeting reconvened at 10:20 p.m. EXECUTIVE SESSION REPORT The Town Attorney reported in executive session Council just held, there was discussion pursuant to Government Code Section 54956.9(a) GTE Mobilnet v. Town and there is nothing to report. The Town Council also discussed the purchase of the Eilertson property and has agreed to join the Mid-Peninsula Open Space District for a joint acquisition of the Eilertson property. The Town's share will be $125,000.00. APPEAL 47 BROADWAY (PISORS) Mayor Daily stated this was the time and place duly published for public hearing to consider the appeal of Planning Commission's denial of Variance Application V-85-5 requesting permission to construct an accessory structure at a height greater than that permitted by the development standards of the R-1D zone. Property is located at 47 Broadway. Mayor Daily announced Mr. Ferrito would be abstaining from any voting due to possible conflict of interest. John Campbell, representing Mr. & Mrs. Pisor, spoke on behalf of the appeal. Also speaking for the appeal was owner George Pisors. Planning Director, Lee Bowman, answered questions of Council regarding definition of height requirements and how measurements are made. Council spoke on their concerns on the need to be consistent regarding height requirements in the R-1D zone. Mr. Carlson moved to continue this hearing to April 7, 1986 to allow appellant time to redesign the plans and present to Planning Commission for their approval. Mr. Ventura seconded. Carried by a vote of three ayes. Mr. Ferrito abstained. HOUSING ELEMENT OF GENERAL PLAN (GP-85-2) Mayor Daily stated this was the time and place duly noted for continued public hearing to consider amendments to the Housing Element of the Los Gatos General Plan GP-85-2. The Planning Director stated Council, at their last meeting, directed staff to prepare two resolutions for consideration that differs only in the formula for determining the number of BMP units for projects with 20 or more units. Mr. Bowman stated also that it would be necessary for Council to clarify how the in lieu fees are to be collected; where the in lieu fee would be kept and what the in lieu fee would be used for. (He also reminded Council that a letter from Mrs. Fanelli has been filed, objecting to the amount of collection and the timing of collection.). Discussion was held on proposed resolution calculating BMP units at 15% -1 and a resolution calculating BMP units at 18% -1.6. No one from the audience wished to speak on this issue. Mr. Ventura moved hearing be closed. Mr. Carlson seconded. Carried unanimously. Further discussion was held on proposed resolutions that differ only in the formula for determining the number of BMP units for projects with 20 or more units. Mr. Ferrito moved for adoption of resolution entitled, A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AMENDING THE HOUSING ELEMENT OF THE GENERAL PLAN WITH RESPECT TO THE BELOW MARKET PRICE PROGRAM (using formula: number of BMP units = 18% (total #of units) -1.6). Mr. Daily seconded. After questions and discussion motion and second were withdrawn. Mr. Ventura moved by consensus the recommended actions and a resolution regarding the policies of the Housing Element of the General Plan absent the specific formula. Mr. Ferrito seconded. Carried by a vote of three ayes. Mr. Carlson voted no. He feels Council should not set policies that causes private sector to do the right thing. Council should not be in the housing business and collecting fees causes us to be in housing business. Mrs. Benjamin was absent. Mr. Ventura moved to direct staff to prepare resolution with formula from 20 units to 100 on linear scale going from 10% to 20% and flattening out, as well as 2 formulas in proposed resolution presented tonight. Mr. Ferrito seconded. Carried unanimously. Mr. Carlson moved public hearing be continued to April 7, 1986. Mr. Ventura seconded. Carried unanimously. ZONE CHANGE 17271 & 17265 BUENA VISTA AVE. Mayor Daily stated this was the time and place duly noted for public hearing to consider zone change application Z-85-5. Consideration of a change in zone from R-1:20,000 (single family residential, 20,000 square foot minimum lot size) R-1:12,000 (single family residential, 12,000 square foot minimum lot size) with recommended negative declaration. Property located at 17265 and 17271 Buena Vista Avenue. Mr. Ventura moved the public hearing be closed. Mr. Carlson seconded. Carried unanimously. Mr. Ventura moved Council finds that the zone change is consistent with the General Plan. Mr. Carlson seconded. Carried unanimously. Mr. Ventura moved to waive the reading for AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONING ORDINANCE EFFECTING ZONE CHANGE NO. FROM r-1:20,000 (SINGLE FAMILY RESIDENTIAL, 20,000 SQUARE FOOT MINIMUM LOT SIZE) TO R- 1:12,000 (SINGLE FAMILY RESIDENTIAL, 12,000 SQUARE FOOT MINIMUM LOT SIZE). Mr. Carlson seconded. Carried unanimously. Clerk read title. Mr. Ventura moved Ordinance be introduced. Mr. Carlson seconded. Carried unanimously. CLAIM MARILYN NEWBERG The Town Attorney, Mary Jo Levinger, reported to Council regarding late claims filing and her recommendation. After further discussion on lack of following procedures of law, Mr. Ferrito moved to accept staff recommendation and deny the application for leave to file a late claim by Marilyn Newberg. Mr. Ventura seconded. Carried by a vote of three ayes. Mr. Carlson voted no. LEROY AVENUE PARKING The Town Engineer, Ron Zapf, reported on meeting with Leroy Avenue residents and stated residents filed a petition requesting permit parking in the area. Mr. Zapf feels this is not feasible and is recommending the implementation of prohibition of parking on Leroy Avenue. Mr. Meinzer, spokesman for Leroy Avenue residents, stated neighbors did not want parking prohibition on Leroy Avenue. Mike Thomas urges the installation of temporary barrier and if preferential permit parking is put in, it should be on the entire street of Leroy Avenue. Discussion was held on reversing the flow of traffic for Happy Hound. Have traffic enter off Los Gatos Boulevard into Happy Hound and exit out onto Leroy Avenue. Mr. Dresslar spoke on problems and how to alleviate same. He also requested, if no parking or preferential parking is instituted, parking be allowed in front of his resident of 16737 Leroy Avenue which is behind Happy Hound. Council requested that flyers be posted by Happy Hound to inform patrons not to use or park on Leroy Avenue and the possibility of having a sign within Happy Hound for all patrons to see informing of the parking problems and requesting they do not use Leroy Avenue. After further discussion, Mr. Ventura moved Council implement preferential parking on Leroy Avenue from 10:00 a.m. to 7:00 p.m. daily. This parking would be from the edge of commercial zone adjacent to Los Gatos Boulevard westerly to the property line between the addresses of 16826 and 16832 Leroy Avenue on east side of street and between 16823 and 16846 on the west side of Leroy Avenue. Mr. Ferrito seconded. Carried unanimously. Council directed staff to look into and report on the reverse of traffic flow through Happy Hound parking facility. CONTINUATION OF MEETING Mayor Daily stated it was now midnight and needed motion to continue meeting. Mr. Ventura moved meeting be continued after midnight to hear the balance of agenda items. Mr. Carlson seconded. Carried by a vote of three ayes. Mr. Ferrito was out of the room. Mayor Daily left Council Chambers at 12:30 a.m. Vice-Mayor Ventura chaired the balance of the meeting. MID-YEAR BUDGET REPORT The Town Manager spoke to Council regarding appropriation of funds. Discussion was held on justification of some of the recommendations. Mr. Carlson moved to revise revenue estimates and appropriate net balance to the General Fund Appropriated Reserve as follows: Court Fines $ 20,000 Interest Income 74,000 Engineering Fees 12,000 Secondary Dwelling Unit Permit Fee -30,000 TOTAL $ 76,000 Mr. Ferrito seconded. Carried by a vote of three ayes. Mrs. Benjamin and Mayor Daily were absent. Mr. Carlson moved to revise revenue estimates and appropriate to the Gas Tax Fund as follows: Gas Tax 2126/2127 $ 96,938.92 Mr. Ferrito seconded. Carried by a vote of three ayes. Mrs. Benjamin and Mayor Daily were absent. Mr. Carlson moved Appropriated funds to the General Fund Appropriated Reserve from the following: General Town Administration $ 90,000 Parks, Forestry & Maint. Services 10,000 Building Department 16,000 Police Department __13,788 TOTAL $ 129,788 Mr. Ferrito seconded. Carried by a vote of three ayes. Mrs. Benjamin and Mayor Daily were absent. Mr. Carlson moved to made supplemental appropriation from the General Fund appropriated Reserve as follows: Parks, Forestry & Maintenance Dept.$ 18,130 Town Manager Office 16,000 General Town Administration 48,000 TOTAL $ 82,130 The request for a personal computer for the Town attorney is not approved at this time and the Town Attorney to submit an analysis to Council at budget time. Mr. Ferrito seconded. Carried by a vote of three ayes. Mayor Daily was absent. MUSEUM COMMISSION Discussion was held on wording of resolution and on recommended of Mr. Ferrito the last line under la to read, "A majority of the initial Commissioners shall be residents of the Town", and all subsequent commissions thereafter must be residents within the Town. Mr. Ferrito moved for adoption of resolution 1986-27 entitled, A RESOLUTION CREATING THE MUSEUM COMMISSION OF LOS GATOS. Mr. Carlson seconded. Carried by a vote of three ayes. Mayor Daily was absent. MUSEUM AGREEMENT Discussion was held on wording of the agreement and on suggestion of Mr. Ventura was changed to read, "Donate to TOWN all existing fixtures, improvements, displays and exhibits owned by EUREKA;". Mr. Ferrito moved for adoption of amended Resolution No. 1986-28, entitled, A RESOLUTION AUTHORIZING THE TOWN MANAGER TO NEGOTIATE AND THE MAYOR TO EXECUTE AGREEMENTS WITH EUREKA FEDERAL SAVINGS AND LOAN ASSOCIATION AND THE LOS GATOS MUSEUM ASSOCIATION. Mr. Carlson seconded. Carried by a vote of three ayes. Mayor Daily was absent. ADVISORY ELECTION ROUTE 85 It was consensus of Council this item be continued to March 3, 1986 meeting. COMMUTER LANES It was consensus of Council to continue this item to March 3, 1986 meeting. LAND ACQUISITION (EILERTSON) Mr. Carlson moved to refer the proposed acquisition of Eilertson property to the Planning Commission for a report in accordance with Government Code Section 65402. Mr. Ventura seconded. Carried by a vote of three ayes. Mayor Daily was absent. STATUS REPORT KCAT Vice-Mayor Ventura suggested staff study the feasibility of the Town making a loan to KCAT; contact Hearst Cablevision and ask if they would participate as co- lenders and staff report to Council at the meeting of March 3, 1986. SANITATION DISTRICT 4 Mr. Ferrito, by consensus motion, moved to continue this item to March 3, 1986 and request staff report to council with definite plans as to how we are going to have an effective way to guarantee that there would be no further intensification. BLOSSOM HILL ROAD & CHERRY BLOSSOM SIGNALIZATION As requested by Mayor Daily, prior to his leaving the meeting, this item was continued to March 3, 1986. STREET VACATION 16650 LARK AVENUE & GARDEN HILL LANE Council discussed their concerns regarding valuation of property to be calculated and processing fee for vacation of the land. Mr. Zapf spoke on the issue stating this was a relinquishment by State. It was consensus of Council to continue this to March 3, 1986 and request staff report as to value. COMMITTEE FOR GREEN FOOTHILLS Mr. Ferrito referred to communication regarding the February 25, 1986 notice of public hearing to be held by County Board of supervisors to consider adoption of an interim Ordinance to regulate the use of Gift Deeds to create parcels in the unincorporated territory and Board of Supervisors are asking for comments on this issue. Mr. Ferrito feels there are some loop holes in this issue and wishes Council pass these comments to the Board. Mr. Ferrito moved to have Mayor sign letter passing along Council comments and Mayor and Vice-Mayor to attend hearing. Mr. Ventura seconded. Carried by a vote of three ayes. Mayor Daily was absent. ADJOURNMENT Vice-Mayor Ventura declared Council meeting be adjourned at 12:55 a.m. He announced there will be a Study Session meeting held at 7:30 p.m., Monday, the 24th of February, in the Conference Room. ATTEST: Rose E. Aldag Town Clerk