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M 02-01-88TOWN OF LOS GATOS CALIFORNIA TOWN COUNCIL/PARKING AUTHORITY AGENDA FEBRUARY 1, 1988 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:Thomas J. Ferrito, Robert L. Hamilton, Brent N. Ventura and Mayor Eric D. Carlson. ABSENT:Joanne Benjamin PLEDGE OF ALLEGIANCE Given by all in attendance. COMMENDATIONS TO TOWN EMPLOYEES Mayor Carlson presented Resolutions of Commendation to the following employees for their years of service to the Town of Los Gatos: Michael La Rocca, Maintenance Superintendent in the Parks, Forestry & Maintenance Department, for 20 years of service; Muriel Hoile, Library Assistant 11, in the Library, for 20 years of service; Wayne P. Saindon, Investigations Commander in the Police Department, for 20 years of service; and Robert H. Yamamoto, Design Drafter in the Engineering Department, for 20 years of service. Each of the employees also received a plaque from the Town. Mayor Carlson announced that a reception was being held in honor of these employees in the employees lounge. CLOSED SESSION REPORT Town Attorney Levinger stated Council had met in Closed Session at the close of the January 19, 1988 Council meeting. At that time Council met to discuss a personnel matter, pursuant to Government Code Section 54957. Compensation for the new police chief was also discussed and will be reported under action taken on item 17 of tonight's agenda. Prior to this evenings meeting, Council met in Closed Session and pursuant to Government Code Section 54956.9 (a) discussed pending litigations. First matter was Town of Los Gatos vs Vertical Management Systems and there is no report at this time from that discussion. Also discussed Town of Los Gatos vs Nogah Bethlahmy and determined that they would refuse to retain defense Counsel for Mr. Bethlahmy in that action. Council also met pursuant to Government Code Section 54956.9 (c) to discuss several matters of institution of litigation. First matter was with regard to a zoning violation of office use in an LM zone. There is no report on that discussion. Next was a zoning violation of properties that are nonconforming as to parking outside the C-2 zone and no report at this time. There is a related action regarding nonconforming as to parking outside the C-2 zone on the Council agenda #34. Finally Council discuss institution of litigation regarding Honeywell on the Heating, Ventilation and the Cooling System and there is no report at this time. APPOINTMENTS LOS GATOS PARKING COMMISSION Mayor Carlson stated Council had received three applications for the two vacancies on the Los Gatos Parking Commission. Applicants are William A. Meyers, Charles E. DeFreitas and Joseph L. White. Council had interviewed Mr. Meyers and Mr. White prior to tonight's Council meeting. Mr. DeFreitas was not present for interviews. Voting was held whereby Mr. William A. Meyers and Joseph White received the majority of votes and were appointed to the Los Gatos Parking Commission and each will serve a four year term. COMMUNICATIONS. 1. Letter from N. A. Frank regarding Forbes Mill bridge access from Old Town being closed and locked at night. 2. Letter from Shalynn Price requesting approval to hold 10K jog-a-thon on Sunday April 17, 1988. Mr. Ventura moved both letters to be referred to the Town Manager for report back to Council. Mr. Hamilton seconded. Carried by vote of four ayes. Mrs. Benjamin was absent. SCHEDULE OF PUBLIC HEARING Informational report for Council on upcoming public hearings scheduled for future meetings. COUNTY REFERRALS Mr. Ventura moved for approval of staff recommendations on County Referrals as follows. 3453-29-41-88DR Gillette Dr. Sterling/Hickman Design review No comment. 3454-29-41-88DR Gillette Dr. Sterling/Hickman Design review No comment. 2020-38-30-83P-83A Summit Road LDS Church c/o Johnson Modification of Arch. & Site Approval No comment. Mr. Hamilton seconded. Carried by vote of four ayes. Mrs. Benjamin was absent. CALENDAR OF MEETINGS Informational report for Council. UNIFORM ALLOWANCE PAY JANUARY 22, 1988 Mr. Ventura moved for the approval of Uniform allowance payroll for January 22, 1988 in the amount of $8,145.05 and the payroll related warrants in the amount of $526.98 an the January 29, 1988 payroll in the amount of $168,532.93 with payroll related warrants in the amount of $109,286.63. Mr. Hamilton seconded. Carried by vote of four ayes. PLANNING MONTHLY REPORT Information for Council FAMILY FUN-RUN Mr. Ventura moved to approve the request by the Los Gatos Elementary Education Foundation to hold a 10-Kilometer race on Sunday, May 22, 1988, subject to the following conditions: 1. Applicant to comply with safety requirements as established by the Police Department. 2. Applicant shall be responsible for cleanliness of the race course route, to include park facilities and public streets. 3. Applicant to provide one million dollar ($1,000,000) special event insurance naming the Town as an additional insured and sign a Town Hold Harmless Agreement prior to the event. 4. Applicant to set up meeting with Police Department personnel two weeks prior to the event for coordination and to ensure compliance with the above. 5. Applicant to pay the cost of uniformed officers. Mr. Hamilton seconded. Carried by vote of four ayes. Mrs. Benjamin was absent. CLAIM OF MARK PUCCINI Mr. Ventura moved to reject the claim of Mark Puccini, as filed by attorney Jeffrey D. Janoff. Mr. Hamilton seconded. Carried by vote of four ayes. Mrs. Benjamin was absent. CLAIM OF KELLY PATRICK Mr.Ventura moved to reject the claim of Kelly Patrick, as filed by attorney Jeffrey D. Janoff. Mr. Hamilton seconded. Carried by vote of four ayes. Mrs. Benjamin was absent. CLAIM OF DENNIS MATSON Mr.Ventura moved to reject the claim of Dennis Matson, as filed by attorney Jeffrey D. Janoff. Mr. Hamilton seconded. Carried by vote of four ayes. Mrs. Benjamin was absent. CLAIM OF CHRISTINE MC CRACKEN Mr. Ventura moved to reject the claim of Christine McCraken, as filed by attorney Jeffrey D. Janoff, Mr. Hamilton seconded. Carried by vote of four ayes. Mrs. Benjamin was absent. ABAG PLAN CORP. STATUS REPORT. Informational report for Council on settlement of claims. YOUTH ADVISORY COMMISSION ACTIVITIES Mr.Ventura moved to approve the following actions proposed by the Youth Advisory Commission (YAC) Implementation of the Community Service Award; and the donation letter for YAC Activities; and Council refer the Commission's request to use Oak Mellow Park, for an Outdoor Concert on May 1, 1988 to staff for response. Mr. Hamilton seconded. Carried by vote of four ayes. Mrs. Benjamin was absent. REPORT ON STOP SIGNS AT ROBERTS RD. & UNIVERSITY Informational report requested by Council for a four month review. Engineering department will continue to monitor this intersection. MANAGEMENT PLAN 87/88- 88/89 Mr.Ventura moved for the adoption of Resolution No. 1988-28 entitled, RESOLUTION REVISING MANAGEMENT PERFORMANCE AND COMPENSATION PLAN FOR THE TOWN OF LOS GATOS (FY 1987-88/88- 89). It was noted the appointment of the new Police Chief requires the amendment to this plan. No other revisions have been made. Mr. Hamilton seconded. Carried by vote of four ayes. Mrs. Benjamin was absent. RESIGNATION OF B. SPECTOR Mr.Ventura moved to accept Barbara Spector's letter of resignation from the Planning Commission and requested Clerk to advertise for this vacancy. Mr. Hamilton seconded. Carried by vote of four ayes. Mrs. Benjamin was absent. COMMENDATION BARBARA SPECTOR Mr. Ventura moved for adoption of Resolution No. 1988-29 entitled, A RESOLUTION COMMENDING BARBARA SECTOR for her service as a member of the Planning Commission since May 1980. Mr. Hamilton seconded. Carried by vote of four ayes. Mrs. Benjamin was absent. WEEDS DECLARED A NUISANCE Mr. Ventura moved for the adoption of Resolution No. 1988-30 entitled, A RESOLUTION DECLARING WEEDS A PUBLIC NUISANCE AND PROVIDING FOR THEIR ABATEMENT AND SETTING A PUBLIC HEARING IN ORDER TO HEAR PROTEST. Hearing is scheduled for March 7, 1988. Mr. Hamilton seconded. Carried by vote of four ayes. Mrs. Benjamin was absent. TELECOMMUNICATIONS CONSULTING SERV. Mr. Ventura moved for the adoption of Resolution No.1988-31 entitled, RESOLUTION AUTHORIZING THE TOWN MANAGER TO EXECUTE A CONTRACT WITH COMMUNICATIONS SALES DYNAMICS FOR TELECOMMUNICATIONS CONSULTING SERVICES. Mr. Hamilton seconded. Carried by vote of three ayes. Mrs. Benjamin was absent and Mayor Carlson abstained. TEMPORARY EMPLOYEES SALARIES 87-88 Mr.Ventura moved for the adoption of Resolution No. 1988-32 entitled, a RESOLUTION SETTING TEMPORARY EMPLOYEE SALARIES FOR FISCAL YEAR 1987-88. Mr. Hamilton seconded. Carried by vote of four ayes. Mrs. Benjamin was absent. COMMENDATION JOHN SCHMUCK Mr. Ventura moved for the adoption of Resolution No. 1988-33 entitled, A RESOLUTION OF THE TOWN OF LOS GATOS COMMENDING JOHN SCHMUCK FOR 34 YEARS SERVICE WITH THE TOWN OF LOS GATOS. mr. Hamilton seconded. Carried by vote of four ayes. Mrs. Benjamin was absent. APPEAL - 208 BACHMAN AVENUE Mr. Ventura moved for the adoption of Resolution No. 1988-34 entitled, RESOLUTION REMANDING TO PLANNING COMMISSION THE APPEAL OF PLANNING COMMISSION DENIAL OF REQUEST TO ENCLOSE AN EXISTING DETACHED REFRIGERATION UNIT FOR A COMMERCIAL BUILDING IN THE C-2 ZONE (108 BACHMAN AVENUE - C.B. HANNEGAN'S. Mr. Hamilton seconded. Carried by vote of three ayes. Mayor Carlson abstained and Mrs. Benjamin was absent. APPEAL - ELEANOR NILSSON AT 720 UNIVERSITY AVE. Mayor Carlson stated this was the time and place duly noted for continued public hearing to consider the appeal of Planning Commission's revoking all existing approvals for the use of the property at 720 University Avenue. Architecture and Site Application S-75-50 and S-75-50A. Property located at 720 University Avenue and owned by Eleanor Nilsson. Planning Director Lee Bowman reported that no action can be taken on this issue and recommends this be dropped from the agenda and refer to Town Attorney for appropriate legal action, if necessary. Speaking from the audience was Attorney George Tobin, representing Eleanor Nilsson, stating he feels Council should grant the appeal - make the finding that the accusation made by the Planning Commission is completely unfounded. That an appropriate dismissal of this proceeding should be made by Planning Commission on remand by this Council for Planning Commission action. Mr. Tobin answered questions of Council. There being no one else from the audience wishing to speak on this issue, Mr. Ventura moved public hearing be closed. Mr. Ferrito seconded. Carried by vote of four ayes. Mrs. Benjamin was absent. Mr. Bowman answered questions of Council re removal of the trailers that are being used for storage. After further discussion, Mr. Ferrito moved to deny the appeal as cannot see where Planning erred. Mr. Ventura seconded with amendment to motion by adding the finding, that the issue was that the matter for the appeal was, in essence, mute. Mr. Ferrito accepted the amendment. Motion carried by vote of three ayes. Mr. Hamilton voting no and Mrs. Benjamin was absent. Discussion was held with regards to other businesses having storage on site and it was consensus of Council to refer this matter to staff for investigation of the allegations that were made by Mr. Tobin, with report back to Council at a later date. Letter to be sent to Ms. Nilsson rescinding the action letter dated and sent October 19, 1987. Town Attorney to prepare the appropriate Resolution and present for Council consideration at the next regular Council meeting. APPEAL - GENERAL PLAN AMENDMENT GP-87-3 Mayor Carlson stated this was the time and place duly noted for continued public hearing to consider an appeal of Planning Commission's denial of General Plan Amendment GP-87-3 an amendment to the Los Gatos General Plan concerning the use of property located on the west side of Miles Avenue adjacent to and north of the Town Corporation Yard from medium Density Residential to Service Commercial. Property owned by H. Eugene Smith. Speaking on the issue was owner Eugene Smith, requesting that the property be rezoned to LM as the property is unsuitable for residential development. If this property were rezoned to LM, Mr. Smith would be willing to give a deed restriction to the Town for a use that would not generate more than a specific number of trips per day. Discussion was held on Town Policy re critical intersections and the need for General Plan Amendment that would generate fewer trips than residential. Mr. Bowman answered questions of Council, stating the lot is a nonconforming lot and will be limited to the minimum development. There being no one else from the audience wishing to speak on this issue. Mr.Ferrito moved public hearing be closed. Mr. Hamilton seconded. Carried by vote of four ayes. Mrs. Benjamin was absent. Mr. Ventura feels if the consensus of Council is to reconsider the General Plan designation, Council defer action at this time and encourage Mr. Smith to come forward with a zone change and General Plan designation applications so Council can look at it as a package. If Council changes the designation to LM the property could be sold and an R and D office would be permitted under the changed General Plan designation. Discussion was held on zoning in the basin area and the possible amendment to the General Plan so a low intensity commercial or storage use could be put there which would generate fewer trips than residential. Discussion was held on zoning in the area and the study that had gone into the current zoning. Mr. Ventura then moved to refer this back to Planning Commission for reconsideration of General Plan Land Use designation for the Miles Avenue Basin Area including Mr. Smith's property. Mr. Carlson seconded with amendment that traffic caps be put on each property. Mr. Ventura stated he would have Planning Commission look at that. Carried by vote of four ayes. Mrs. Benjamin was absent. Town Attorney to prepare appropriate Resolution and present for Council consideration at the next meeting. MINUTES OF JANUARY 19, 1988 Mr. Ferrito moved for the approval of Council minutes of January 19, 1988 as submitted. Mr. Hamilton seconded. Carried by vote of four ayes. Mrs. Benjamin was absent. TREASURERS REPORT Mayor Carlson noted Council had received the Treasurer's report for the month of December 1987. Town Manager stated this had not met the time schedule to be placed on this agenda and would be agendized for the next meeting. STATUS REPORT ON CODE VIOLATIONS Informational report from Town Attorney in answer to Council's request on items from the last report re code enforcements. It was consensus of Council to have Town Attorney report back each month re status of violations at 16203 Los Gatos Blvd; 529 N. Santa Cruz Avenue; 124 Wilder Avenue and any other new violations. CANCELLATION OF WILLIAMSON ACT CONTRACT AT 14720 BLOSSOM HILL ROAD Mayor Carlson explained this agenda item is before Council in answer to a verbal communication that was given at the last Council meeting whereby a request was made re cancellation of Williamson Act contract at 14720 Blossom Hill Road. Mr. Bowman gave a summary report on recommendations made by staff and the reasons behind the recommendations. Mayor Carlson stated this was not a hearing but would take testimony of any one wishing to speak on this issue. Speaking against anything being built on said property and the wish to keep it open space were, Shirley Wimmer, Kathy Polen, Shawn Kelley, Lyle Chambers, and Robert Petrokas. John Thompson from Cornish and Carey answered questions re cost of the property. Also speaking in favor of the request was Mr. Bob Saxe, Attorney representing the Church; Lynn Shirtlift, Official representative of the Church of Jesus Christ of Later Day Saint. Other persons speaking were Randall Mackley; Shelly Potter and Dr. Vahamaki. Discussion was held on lack of available property that would suit the needs of the Church. It was explained how this church facility would be used. Discussion was held re vacant land in other areas. Council stated there were some school properties that might be available in the near future. Mr. Chambers stated the person to contact regarding Union School Buildings, which may be available soon, would be Ruth Penska. It was determined by Council that they can give no decision of this request as Council does have a policy to reserve open space. There is a process that any one would have to follow if and when they would file for a cancellation of the Williamson Act which would entail a schedule of public hearings and if that came about, everyone within three hundred feet would be noticed. BLOSSOM HILL RD. RETAINING WALL PROJECT 8710 Informational report for Council. AMENDMENT TO AGENDA FORMAT Discussion was held on the proposed Resolution re amending the agenda procedure in an effort to facilitate the Council's ability to consider all items on the agenda, to limit the public hearing portion of the agenda to five (5) public hearings. It was consensus of Council not to limit the number of public hearings and use their discretion in the handling of lenghty agenda's and hearings. LIMIT WEIGHT OF VEHICLES ON HIGHWAYS Mr. Ventura moved for the adoption of resolution No. 1988-35 entitled, RESOLUTION ENCOURAGING THE BOARD OF SUPERVISORS OF SANTA CLARA COUNTY TO SUBMIT AN ORDINANCE TO THE DEPARTMENT OF TRANSPORTATION WHICH WOULD IMPOSE A MAXIMUM GROSS WEIGHT LIMIT OF 9,000 POUNDS FOR ANY MOTOR VEHICLE (OTHER THAN PASSENGER BUSES, RECREATIONAL VEHICLES, AND UTILITY VEHICLES WITH BUSINESS ALONG THE CORRIDOR) ON ROUTE 85 FROM STATE HIGHWAY 280 IN CURPERTINO TO STATE HIGHWAY ROUTE 101 IN SAN JOSE. Mr. Ferrito seconded. Carried by a vote of three ayes. Mr. Hamilton voting no and Mrs. Benjamin was absent. APPEAL - FRANZA 828 LILAC WAY Mr. Ferrito moved for the adoption of Resolution No. 1988-36 RESOLUTION DENYING APPEAL OF PLANNING COMMISSION DENIAL OF A REQUEST FOR TREE REMOVAL IN THE R-1:8000 ZONE (828 LILAC WAY STEVEN & KAREN FRANZA). Mr. Ventura seconded. Carried by vote of three ayes. Mr. Hamilton voting no. Mrs. Benjamin was absent. Mayor was authorized to send a letter to Mr.& Mrs. Franza explaining Council's process with regard to said appeal. Mr. Hamilton favored sending the letter but opposed action on the adoption of the Resolution. AMENDMENT TO TOWN CODE RE DESIGNATION OF HOLIDAYS FOR TIME LIMIT PARKING Mr. Ferrito moved to waive the reading for AN ORDINANCE AMENDING CHAPTER 16 OF THE TOWN CODE RELATING TO DESIGNATION OF HOLIDAYS FOR THE PURPOSE OF TIME LIMIT PARKING (This will bring time limit parking enforcement into compliance with the popular concept of state and national holidays). Mr.Ventura seconded. Carried by vote of four ayes. Mrs. Benjamin was absent. Town Clerk read title of Ordinance. Mr. Ferrito moved for introduction of the Ordinance. Mr. Ventura seconded. Carried by vote of four ayes. Mrs. Benjamin was absent. AMENDMENT TO ZONING ORDINANCE RE TRAFFIC IMPACTS Mr. Hamilton moved to continue the adoption of AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONING ORDINANCE RELATING TO TRAFFIC IMPACTS, to February 16, 1988 due to the lack of a full Council. Mr. Ventura seconded. Motion carried by vote of four ayes. Mrs. Benjamin was absent. URGENCY ORDINANCE EXTENDING NONCONFORMING STATUS FOR PROPERTIES OUT-SIDE C-2 ZONE. Mr. Ventura moved to accept staff recommendation and review the draft urgency interim zoning ordinance; instruct the Town Clerk to set this for public hearing on March 7, 1988 for consideration of introducing and adopting said ordinance; direct the Planning Commission and Parking Commission to study the possibility of amending the Downtown Specific Plan and developing additional solutions to resolve the Parking deficiencies in the Study area. Mr. carlson seconded. Carried by a vote of three ayes. Mr. Ferrito voting no and Mrs. Benjamin was absent. AMENDMENT TO TOWN CODE SECTION 2-7, 2-7.1 AND 2-10.4 Mayor Carlson stated in review of the proposed Ordinance as presented there were changes he proposed to make. One would be to add to page 3 the following: (f) Director of Finance should be responsible for preparing a financial policy procedure manual for use by all Town employees; and (g) Director of Finance be responsible for presenting a monthly cash flow forecast, to the Treasurer, on a quarterly basis. Mr. Ventura asked for change to page 1, section (c) 1 (a) to be reworded and not refer to limit of deposit but reflect the State Law Code Section, ad reword (c) 1 (b). Staff to rewrite the Ordinance to include Council suggestions and be brought back for Council consideration at a the next regular meeting. ADJOURNMENT Mr. Hamilton moved meeting be adjourned at 10:10 p.m., to Closed Session scheduled for 78:00 p.m., on February 8, 1988 to discuss, pursuant to Government Code Section 54956.9 (a) the litigation of Farwell vs Town. Mr.Ventura seconded. Carried by vote of four ayes. Mrs. Benjamin was absent. ATTEST: Rose E. Aldag Town Clerk