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M 03-02-87TOWN OF LOS GATOS CALIFORNIA TOWN COUNCIL/PARKING AUTHORITY AGENDA MARCH 2, 1987 TOWN COUNCIL The Town Council/Parking Authority met in the Council Chambers of the Town Hall at 7:30 p.m., in regular session. ROLL CALL PRESENT:Joanne Benjamin, Eric D. Carlson, Thomas J. Ferrito, Robert L. Hamilton and Mayor Brent N. Ventura. ABSENT:None. PLEDGE OF ALLEGIANCE Given by all in attendance CLOSED SESSION REPORT Mary Jo Levinger, Town Attorney, stated pursuant to Government Code Section 54956.9(a) discussion was held regarding pending litigation of Town of Los Gatos v Friesen and there is nothing to report on that matter. That case will remain settled at this time. Council also met pursuant to Government Code Section 54956.9(b) to discuss the claim of Porsche Cars North America, Inc. The Council first made a determination that there was significant exposure to litigation. Council then discussed the claim of Porsche Cars North America, Inc. and Council voted to reject the claim for indemnity and notice will be sent. APPOINTMENT YOUTH ADVISORY COMMISSION (ADULT MEMBER) It was interviews had been conducted prior to the Council meeting. There is currently one vacancy on the Youth Advisory Commission for an adult member. Applications were received from Ronald G. Dunn and William Udine Adams. Due to both applicants being qualified for the position and the need for adult members Mr. Carlson moved to appoint both applicants to the Commission. Mrs. Benjamin seconded. Carried unanimously. Staff instructed to prepare Resolution amending the membership to said Commission, and present for Council consideration at the next meeting. APPOINTMENT PARKING COMMISSION It was noted the interview for this one vacancy on the Parking Commission had been conducted at a prior Council meeting. Applicant was Andrea Helene Holding. Mrs. Benjamin moved to appoint Andrea Holding to the Parking Commission to fill the unexpired term of John McNulty. This term will expire on 1/1/89. Mr. Carlson seconded. Carried unanimously. PRESENTATIONS KEY TO TOWN Mayor Ventura presented a Key to the Town to Eric M. Madren and Peter E. Fry in recognition of their outstanding award. Both young men are Eagle Scouts. Mr. Madren was unable to accept the key from Mr. Ventura and his parents accepted on his behalf. REPORT ON FIRE BELL Mayor Ventura report that the Fire Bell has been returned to the Town and study is being made as to finding a location for the installation of the Bell and Tower. COMMUNICATIONS (referral/file) a. Letter from Santa Clara County Alcoholism Advisory Board regarding Council consideration of appointing a representative. Discussion was held and no appointment was made. b. Letter from Marc C. Morris, 694 W. Parr Avenue regarding Hearst Cablevision. Mr. Carlson moved to refer this to the Town Manager for report. Mrs. Benjamin seconded. Carried unanimously. c. Letter from Senior Coordinating Council regarding parking at the Neighborhood Center. Mr. Carlson moved to refer this letter to the Town Manager for report. Mrs. Benjamin seconded. Carried unanimously. d. Letter from Madame Yvette regarding a variety of Planning issues. Mayor Ventura stated he would like to arrange a meeting with Madame Yvette and new owners of the Burger Pit to see if something on a voluntary basis can be worked out to try and take care of some of her concerns. This will also take care of the communication listed later in the agenda re Burger Pit location. Council agreed to this proposal. e. Letter from the Chamber of Commerce, Business Promotion Committee requesting approval to hang banners for promotion of Los Gatos sales days. Mr. Carlson moved to refer this to the Town Manager for a report. Mrs. Benjamin seconded. Carried unanimously. f. Letter from Los Gatos Chamber of Commerce and Travel Advisors of Los Gatos requesting use of Town Plaza and use of sidewalks for Sales Days in April, May and July. Mr. Carlson moved to refer this to the Town Manager for report. Mrs. Benjamin seconded. Carried unanimously. g. Letter from Parent Teacher Student Association (PTSA)requesting temporary extended street parking for the Los Gatos High School volunteer workers. Mr. Ferrito stated there is need for staff input before Council can take any action on this request. Mr. Carlson moved to refer this to Town Manager for report. Mrs. Benjamin seconded. Carried unanimously. SCHEDULE OF PUBLIC HEARINGS Council informational report on up coming scheduled public hearings. COUNCIL CALENDAR Council information report. COUNTY REFERRALS Mr. Carlson moved to approve the County Referrals as follows: 1865-30-45-83S Soda Springs Rd. Noga/Fisher Extension of time No comment. Mrs. Benjamin seconded. Carried unanimously. PLANNING COMMISSION PLANNING DEPT. MONTHLY REPORT Council information report. Planning Director Lee Bowman answered questions of Council on said report. FEBRUARY 27, 1987 PAYROLL & RELATED WARRANTS Mr. Carlson moved for approval of the February 27, 1987 payroll in the amount of $135,322.49 and related warrants in the amount of $115,663.77. Mrs. Benjamin seconded. Carried unanimously. STRAWBERRY FESTIVAL JUNE 5 -7, 1987 Mr. Carlson moved for approval of the Ming Quong Children's Society request to use the Civic Center and selected Neighborhood center facilities for the 27th Annual Strawberry Festival. Subject to the following. 1. Ming Quong representative meet with Park and Police Department staff to coordinate the event. 2. Reimburse the town for maintenance and security services rendered. 3. Reimburse the Town with special event insurance coverage in the amount of $1 million; Town named as additionally insured; and provide Town with a hold harmless agreement. 4. Post signs noting the prohibition of alcoholic beverages on the Civic Center property. 5. No live "rock" music be played after 3:00 p.m. on either date. 6. All press releases regarding parking information be coordinated with the Police Department. 7. Ming Quong will provide private overnight security of the grounds at their expense. Mrs. Benjamin seconded. Carried unanimously. INCENTIVES FOR UNIV.-EDELEN HISTORIC DIST. Council informational report. Mr. Hamilton suggested all persons in the University-Edelen historic district be notified of the programs that are being currently provided by the Town. W. MAIN STREET PARKING PROHIBITION Mr. Carlson moved for adoption of Resolution No. 1987-20 entitled, PARKING PROHIBITION WEST MAIN STREET (LINGLEY AVENUE). Mrs. Benjamin seconded. Carried unanimously. ALPINE AVENUE PARKING PROHIBITION Mr. Carlson moved for adoption of Resolution No. 1987-21 entitled, PARKING PROHIBITION ALPINE AVENUE. Mrs. Benjamin seconded. Carried unanimously. This resolution prohibits parking on both sides of Alpine Avenue from E. Main Street southerly to the southerly end of the sharp curve on Alpine Avenue. Direct the Director of Parks, Forestry, and Maintenance Services to paint a double yellow stripe. BUS STATION LEASE AGREEMENT Mr. Carlson moved for the adoption of Resolution No. 1987-22 entitled, A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO SIGN THE ANNUAL EXTENSION RIDER OF THE LEASE AGREEMENT BETWEEN THE TOWN AND WESTERN GREYHOUND LINES COMPANY; and authorize the Town Manager to sign the annual Extension Rider of the Lease Agreement between the Town and Western Greyhound Lines Company. Mrs. Benjamin seconded. Carried unanimously. Mr. Hamilton questioned the cost per square foot charged for the building. Mr. Zapf responded that the cost per square foot charged for leasing is presently 41.6 cents. The bus terminalis 1,200 square feet on approximately 11,390 square feet of land and this includes the restrooms. The station provides an additional element to the overall transportation system. WEED ABATEMENT Mayor Ventura stated this was the time and place duly published for public hearing to consider weed abatement and any protests. There being no one from the audience wishing to speak. Mr. Carlson moved hearing be closed. Mrs. Benjamin seconded. Carried unanimously. Mr. Ferrito moved for the adoption of Resolution 1987-23 entitled, A RESOLUTION OVERRULING OBJECTIONS AND ORDERING ABATEMENT OF WEEDS AS A PUBLIC NUISANCE. Mrs. Benjamin seconded. Carried unanimously. ZONING ORDINANCE AMENDMENT - 110 WOOD ROAD. Mayor Ventura stated this was the time and place duly noted for public hearing to consider zoning ordinance amendment Z-67-15A, modification to the existing residential planned development zone in order to restrict occupancy of the facility to "senior citizens". (Property located at 110 Wood Road, Los Gatos Meadows). Speaking to the issue was Mr. Jerry Hempler, Administrator of the Los Gatos Meadows, requesting continuance of this to next meeting. He referred to an agreement that was entered into in 1969 and needs to discuss this with Mr. Bowman and explore every option available to meet Councils concerns and on concerns that come under all the language that is included in 51.3 of the State legislation. After further discussion Mr. Hamilton moved to continue this to April 6th, 1987. Mr. Carlson seconded. Carried unanimously. 216 GLENRIDGE (J.D.MCMANIS) Mayor Ventura stated this was the time and place duly noted to reconsider Council decision in granting the appeal of decision of Planning commission denying application for secondary dwelling unit on property in the R-1D-LHP Zone (Application D-98-156) Property located at 216 Glenridge Avenue - J.D. McManis. Mrs. Benjamin moved to continue this public hearing to April 6, 1987 at staff's request. Mr. Ferrito seconded. Carried unanimously. 354 BACHMAN AVE. ZONE CHANGE Mayor Ventura stated this was the time and place duly noted for public hearing to consider Planning Commission recommendation on Zone Change Application Z- 84-34, requesting modification to an existing 9 unit residential planned development previously approved for property in the R-1D-LHP-PD Zone (Property located at 354 Bachman Avenue). Mr. Carlson moved to continue this public hearing to March 16, 1987. Mr. Ferrito seconded. Carried unanimously. GENERAL PLAN GP-86-1 & ZONE ORDINANCE AMENDMENT A-86-5 Mayor Ventura stated this was the time and place duly noted for public hearing to consider General Plan Amendment GP-86-1 consideration of amendments to the General Plan concerning the number, type of occupancy and other regulations pertaining to secondary dwelling units; and Zoning Ordinance amendment A-86- 5, consideration of amendments to the Zoning Ordinance regarding the number, type of occupancy and other restrictions pertaining to secondary dwelling units. (Continued from January 26,1987); and Amendment to the Zoning Ordinance requiring all nonconforming residential dwelling units to register with the Town. Mr. Ferrito moved to continue this public hearing to March 16, 1987. Mr. Carlson seconded. Carried unanimously. FILING FEE FOR SECONDARY DWELLING UNITS Mayor Ventura stated this was the time and place duly noted for public hearing to establish a filing fee for secondary dwelling unit permit applications. Staff requested this item be continued to March 16, 1987. Mrs. Benjamin seconded. Carried unanimously. MINUTES - FEBRUARY 17, 1987 Mr. Ferrito moved for the approval of the February 17, 1987 minutes as submitted. Mr. Carlson seconded. Carried by vote of four ayes. Mrs. Benjamin abstained due to being absent from said meeting. WRITTEN COMMUNICATIONS Letter from Madame Yvette regarding the Burger Pit Restaurant location. Mayor Ventura stated this will be handled with other communication as stated earlier in the meeting. FISCAL ISSUES Mr. Hamilton moved the correspondence from Town Treasurer regarding fiscal issues be referred to the Finance Committee. Mr. Ventura seconded. Carried unanimously. PREZONING 33 ACRES SOUTH GUADALUPE COLLEGE Mr. Ferrito moved for the adoption of Ordinance No. 1707 entitled, AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONING ORDINANCE EFFECTING ZONE CHANGE NO. 73 PREZONING TO RESOURCE CONSERVATION. Mrs. Benjamin seconded. Carried by vote of four ayes. Mr. Hamilton voting no. PREZONING 170 ACRES EASTERLY OF HIGHWAY 17 Mr. Ferrito moved for the adoption of Ordinance No.l708 entitled, AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONING ORDINANCE EFFECTING ZONE CHANGE NO. 74 PREZONING AND A CHANGE IN ZONE FROM HR-2 1/2 TO RC (Resource Conservation). Mrs. Benjamin seconded. Carried by vote of four ayes. Mr. Hamilton voting no. PREZONING 196 ACRES SOUTH KENNEDY ROAD & NORTH OF TOWN'S SOUTHERLY LIMITS Mr. Ferrito moved for the adoption of Ordinance No. 1709 entitled, AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONING ORDINANCE EFFECTING ZONE CHANGE NO. 75 FROM HR-20 TO RC. Mrs. Benjamin seconded. Carried unanimously. 349 MASSOL AVENUE ZONE CHANGE TO RM:5-12 Mrs. Benjamin moved for the adoption of Ordinance No. 1710 entitled, AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING ZONING MAP 139 FROM C-2 TO RM:5-12 FOR THE PROPERTY LOCATED AT 349 MASSOL AVENUE. Mr. Carlson seconded. Carried unanimously. 61 MONTEBELLO ZONE CHANGE FROM C-2 To R-1D Mrs. Benjamin moved for the adoption of Ordinance No. 1711 AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING ZONING MAP 139 FOR THE PROPERTY LOCATED AT 61 MONTEBELLO WAY. Mr. Carlson seconded. Carried unanimously. INCREASE PENALTY FOR CRUISING Mr. Carlson moved for the adoption of Ordinance No.1712 entitled AN ORDINANCE AMENDING ARTICLE X CHAPTER 16 OF THE TOWN CODE TO INCREASE PENALTY FOR CRUISING. Mrs. Benjamin seconded. Carried unanimously. EXTENSION OF SEWER SERVICE CATS RESTAURANT Mr. Ferrito moved to direct the Town's representative on the Sanitation District No.4 Board to convey the Town's opposition to approving the extension of sewer service or the annexation of either the Cats Restaurant or the Lexington Reservoir Area. Mrs. Benjamin seconded. Carried unanimously. Staff directed to notify "Safe on 17" and Supervisor Susanne Wilson of Town's position. MOBILEHOME RELOCATION ORDINANCE Council informational report. AGENDA PROCEDURES Discussion was held on this issue whereby Mayor Ventura stated this format just reconfirms the existing Council's procedures in studying the agenda and handling of Council meetings. Mr. Hamilton reported on procedures of other cities re Councilmembers request to having something placed on the agenda. Mayor Ventura stated this format does not preclude any Councilmember from placing an item on the agenda. Those items must be filed in a timely manner the same as all other agenda items request. Discussion was held on EXHIBIT A, Section I, Subject - Preparation of the agenda. Mr. Carlson suggested wording of this paragraph be "The Agenda is prepared by staff and the Town Clerk for the Mayor's approval. In this manner the Mayor determines the agenda." Mr. Carlson moved for adoption of Resolution No. 1987-23 entitled, ESTABLISHING COUNCIL AGENDA FORMAT AND RULES. (with amendment to the Exhibit re Agenda procedures as stated above). Mrs. Benjamin seconded. Carried unanimously. ZONING ORDINANCE AMENDMENT A-87-1 Consideration of amendments to the Town Zoning Ordinance concerning rules for properties within a Parking assessment District. It was noted public hearing was held and closed at the February 23, 1987 meeting. Engineer Ron Zapf answered questions of Council re credit of parking spaces. Town Attorney stated this item had been identified at the meeting of February 23, 1987, as a request that there be an abstention due to a potential conflict of interest. This item is still in that same situation as no opinion has been received from the FPPC at this time so Mr.Hamilton and Mr. Ferrito would not be eligible to participate in voting. After further discussion Mr. Carlson moved to make the negative declaration. Mrs. Benjamin seconded. Carried by vote of three ayes. Mr. Hamilton and Mr. Ferrito abstained. Mr. Carlson moved to make the finding that the Zoning Ordinance Amendment A-87-1 is consistent with the General Plan and Downtown Specific Plan. Mrs. Benjamin seconded. Carried by vote of three ayes. Mr. Hamilton and Mr. Ferrito abstained. Mr. Carlson moved to waive the reading for AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONING ORDINANCE RELATING TO THE LOS GATOS DOWNTOWN PARKING PROGRAM. Mrs. Benjamin seconded. Carried by vote of three ayes. Mr. Ferrito and Mr. Hamilton abstained. Discussion was held on clarification re credit of parking spaces. Town Engineer Zapf answered question of Council on this issue and other's. Town Clerk read title of Ordinance. Mr. Carlson moved for introduction of the Ordinance. Mrs. Benjamin seconded. Carried by vote of three ayes. Mr. Ferrito and Mr. Hamilton abstained. PARKING PROHIBITION ON PARKWAY Mr. Ferrito moved to waive the reading for AN ORDINANCE AMENDING CHAPTER 16 OF THE TOWN CODE RELATING TO PROHIBITION OF PARKING ON PARKWAY. Mrs. Benjamin seconded. Carried unanimously. Town Clerk read title of ordinance. Mr. Ferrito moved the ordinance be introduced. Mrs. Benjamin seconded. Carried unanimously. BICKNELL ROAD SPEEDING PROBLEMS Paula Rubin 198 Bicknell Road, spoke on dangerous situation on Bicknell Road and requested that Town install speed bumps in the area. Discussion was held whereby Council suggested the setting of public hearing to get input from other residents. Council also suggested Ms. Rubin contact the Police Chief and request monitoring of the area in question and report be made, then Council could schedule a public hearing at a later date. ROUTE 85 E.I.R. Mr. Will Kempton, Executive Director of Santa Clara County Traffic Authority, answered questions of Council and explained replacement ratio within the Town limits. After further discussion Mr. Carlson moved to approve the Route 85 final Environmental impact Statement (FEIS) Riparian Habitat and Park Impact (Section 4 (f) Historical property (Section 106) with the following conditions. 1. An easement for approximately 4 acres of land adjacent to (and between) Los Gatos Creek and Oka Lane Wildlife Area to be granted to the Town as riparian habitat. 2. The Coyote Mitigation Plan (CCMP) include 5 acres of riparian habitat as an additional mitigation for Los Gatos Creek Park. 3. After the final 85/17 interchange design is developed, additional land to be incorporated into Los Gatos Creek Park Area. 4. Maria's Berry Farm and Water Tower to be relocated (at the Traffic Authority's expense) on 2/3 acres in the 85/17 Interchange area or another location as specified by the Town. A map to be included. Mr. Ventura seconded. Carried unanimously. USE OF VACANT COUNTY LAND FOR VILLA VASONA PARKING Mary Massey, resident of Villa Vasona spoke to Council re Parr Avenue being impacted with cars and asked about the possibility of using the vacant County land for parking by Villa Vasona residents. After some discussion it was consensus of Council to refer this to staff for report by the next meeting. Staff to study as to number of spaces needed for excess Villa Vasona parking. ADJOURNMENT Mayor Ventura declared the meeting adjourned at 9:00 p.m. ATTEST: Rose E. Aldag Town Clerk