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M 07-18-88TOWN OF LOS GATOS CALIFORNIA TOWN COUNCIL/PARKING AUTHORITY AGENDA JULY 18, 1988 TOWN COUNCIL The Town Council/Parking Authority met in the Council Chambers of the Town Hall at 7:40 p.m, in regular session. ROLL CALL PRESENT:Vice-Mayor Joanne Benjamin, Thomas J. Ferrito, Robert L. Hamilton, Brent N. Ventura. ABSENT:Mayor Eric D. Carlson. PLEDGE OF ALLEGIANCE Given by all in attendance. CLOSED SESSION REPORT The Town Attorney, Mary Jo Levinger, stated Council had met in Closed Session prior to the Council meeting and discussed pursuant to Government Code Section 54956.9(a), pending litigation of Elliott v. Zapf. There is no report at this time. Pursuant to Government Code Section 54956.9(c), institution of litigation regarding zoning violation of illegal units was also discussed and there is no report. The negotiations with AFSME Union was not discussed. SCHEDULE OF PUBLIC HEARINGS Council informational report. PAYROLL JULY 15, 1988 Mr. Hamilton moved for the approval of the July 15, 1988 payroll in the amount of $168,963.24 and related warrants in the amount of $133,019.64. Mr. Ventura seconded. Carried by a vote of four ayes. Mayor Carlson was absent. ACCOUNTS PAYABLE JUNE, 1988 Mr. Hamilton moved for the approval of the June, 1988 accounts payable in the amount of $454,642.19. Mr. Ventura seconded. Carried by a vote of four ayes. Mayor Carlson was absent. CODE COMPLIANCE OFFICER FOURTH QUARTER REPORT Council informational report. SECONDARY DWELLING UNIT MONTHLY REPORT Council informational report. SETTLEMENT OF CLAIMS - ABAG PLAN CORP. Council informational report. IMPROVEMENT TO LOTS BETWEEN GRAYS LN & ELM STREET (BAGLEY) At the July 5, 1988 meeting, Adu Bagley requested the lot between Grays Lane and Elm Street be improved for dust control. Mr. Hamilton moved to defer consideration of the matter until August 1, 1988 due to the pending litigation. Mr. Ventura seconded. Carried by a vote of four ayes. Mayor Carlson was absent. PUBLIC ART POLICY & PROCEDURES FOR LOANS OF ART WORK Mr. Hamilton moved to refer the Arts Commission's recommended policy and procedures for loans of art works for public installation in parks and open spaces to staff for further input included but not limited to, costs of transportation and/or installation to be obtained by Commission through donations; artist or individual donating/loaning sculpture to Town must sign a waiver holding Town harmless for any damage to the art work; if a Town park is to be considered as a potential location for installation of art work, that the Parks Commission be asked for their input; amendments be referred to Arts Commission for review prior to Council adoption; and Council continue discussion of potential acceptance of a loan of the sculpture entitled, "Space Dance for Peace" from Paul Goreniuc until the September 19, 1988 public hearing has been held. Mr. Ventura seconded. Carried by a vote of four ayes. Mayor Carlson was absent. RESCIND PARKING PROHIBITION ON ONE SIDE OF ALERCHE DRIVE FOR 24 HOURS Mr. Hamilton moved to approve the request of John Rieger III, MD, to suspend the prohibition of parallel curbside parking on one side of Alerche Drive for Saturday, July 30, 1988 only. Mr. Ventura seconded. Carried by a vote of four ayes. Mayor Carlson was absent. PARK BOND TAX FISCAL YEAR 88/89 Mr. Hamilton moved for adoption of Resolution No. 1988-147, entitled, A RESOLUTION OF THE TOWN OF LOS GATOS FIXING BOND SERVICE TAX RATES FOR FISCAL YEAR 1988-89. Mr. Ventura seconded. Carried by a vote of four ayes. Mayor Carlson was absent. RESOLUTION AMENDING MUSEUM COMM MEETING LOCATION Mr. Ventura moved for the adoption of Resolution No. 1988-148 entitled, A TOWN OF LOS GATOS RESOLUTION AMENDING THE MUSEUM COMMISSION ENABLING RESOLUTION NO. 1986-53. Mr. Hamilton seconded. Carried by a vote of four ayes. Mayor Carlson was absent. SUPPORTING CAL-OSHA INITIATIVE Mr. Ventura moved for the adoption of Resolution No. 1988-149 entitled, RESOLUTION OF THE TOWN OF LOS GATOS SUPPORTING CAL-OSHA INITIATIVE. Mr. Hamilton seconded. Carried by a vote of four ayes. Mayor Carlson was absent. Copy of the resolution to be sent to Cal-Osha. RESOLUTION REMANDING TO PLAN COMM 48 CHESTNUT (QUINN) Mr. Ventura moved for the adoption of Resolution No. 1988-150 entitled, RESOLUTION REMANDING TO PLANNING COMMISSION APPEAL OF PLANNING COMMISSION DENIAL OF REQUEST FOR APPROVAL OF PLANS TO DEMOLISH AN EXISTING SINGLE FAMILY RESIDENCE AND TO MODIFY DEVELOPMENT STANDARDS FOR PROPERTY IN THE R-1:12,000 ZONE (48 CHESTNUT - DAVID QUINN). Mr. Hamilton seconded. Carried by a vote of four ayes. Mayor Carlson was absent. APPEAL - 14595 CLEARVIEW (LA RINCONADA COUNTRY CLUB) Vice-Mayor Benjamin stated this was the time and place duly noted for public hearing to consider the request for zone change from R-1:12,000 and R-1:20,000 (Single Family Residential) to RC (Resource Conservation). Property located at 14595 Clearview Drive, Applicant, La Rinconada Country Club. Agent Louis R. Dorcich. Louis Dorcich, Architect for the project, stated the property owners were not opposed to the annexation proceedings. But they feel, with the zone change, the property is being down zoned and this will affect them in the future. Therefore, the property owner is against the zone change. Mr. Bowman, Planning Director, stated the zone change would make the zoning of the property in town consistent with the property being annexed. The zone change does not affect the property being annexed and does not affect the use permit for the Country Club. The use permit is affected by the annexation. Bob Kelley, President of the La Rinconada Country Club, spoke to the property owners and feels they would go against the annexation because of the rezoning. Mr. Ventura moved to continue the public hearing to September 6, 1988. Staff to contact the property owners and explain the zoning process. Mr. Hamilton seconded. Carried by a vote of four ayes. Mayor Carlson was absent. ZONE AMENDMENT MOBILE HOME RELOCATION ORD. Vice-Mayor Benjamin stated this was the time and place duly noted for public hearing to consider amendments to the Los Gatos Zoning Ordinance that would require relocation assistance for mobile home owners when a change of use is proposed for a mobile home park. Jack Cole, 14685 Oka Road, Sp. 53; William De Garmo, 345 Crest Dr., Attorney representing John Hemhoft a resident of the Bonnie View Park; Jorj Tilson, MHET, 777 N. First St., San Jose; Gerry Mirassou, part owner of the property; Loraine Houg, 14685 Oka Road, Sp. 58; David LaVerne, 484 Woodland Ave.; and Peter Peterson, 14685 Oka Road all felt the ordinance was a reasonable compromise. No one else from the audience wished to speak on this issue. Mr. Ferrito moved to close the public hearing. Mr. Hamilton seconded. Carried by a vote of four ayes. Mayor Carlson was absent. Mr. Ferrito moved to delete the last two sentences of (4) (a) on page 19. Subsection to read, "For mobile home owners who are unable to relocate, a determination of a fair value of their mobile homes based on information contained in the Conversion Impact Report and received at the public hearing. Mr. Ventura seconded. Carried by a vote of four ayes. Mayor Carlson was absent. Mr. Ferrito moved to add "the amount of" to subsection (2). Subsection to read, "Payment of the amount of relocation assistance to each eligible mobile home owner." Subsection (3) to read, "Time for payment of relocation assistance", and deleting the remainder of the sentence. Mr. Ventura seconded. Carried by a vote of four ayes. Mayor Carlson was absent. Mr. Ferrito made the finding that the proposed ordinance amendment is consistent with the General Plan. Mr. Ventura seconded. Carried by a vote of four ayes. Mayor Carlson was absent. Mr. Ferrito moved to waive the reading for AN ORDINANCE OF THE COUNCIL OF THE TOWN OF LOS GATOS ADDING A NEW CHAPTER 4.38 TO THE LOS GATOS ZONING ORDINANCE REGULATING CONVERSION OF MOBILE HOME PARKS TO OTHER USES. Mr. Ventura seconded. Carried by a vote of four ayes. Mayor Carlson was absent. Sr. Deputy Clerk read title of the Ordinance. Mr. Ferrito moved to introduce the Ordinance as amended. Mr. Ventura seconded. Carried by a vote of three ayes. Mr. Hamilton voted no because he would like to see the idea of the park owner filing a number of years before the shutdown of the park discussed. He also feels the formulas are not precise and this ordinance premature. Mayor Carlson was absent. RECESS Vice-Mayor Benjamin declared a recess at 10:35 p.m. Meeting reconvened at 10:50 p.m. PUBLIC HEARING FEE SCHEDULES ZONING; EIR; SUBDIV.; ENG. SERVICES & COST RECOVERY FEES DRINKING DRIVER INCIDENTS Vice-Mayor Benjamin stated this was the time and place duly noted for public hearing to consider Planning Department's recommendation on an amendment to the Town's adopted fee schedule for zoning; California Environmental Quality Act; Subdivision Proceedings and for various Engineering Services. Also public hearing to consider the Police Departments recommendation to rescind the portion of Resolution 1988-26 that pertains to the cost recover fees for drinking drivers and establishing fees for emergency responses caused by drinking drivers. No one from the audience wished to speak on this issue. Mr. Ventura moved to close the public hearing. Mr. Ferrito seconded. Carried by a vote of four ayes. Mayor Carlson was absent. Mr. Ferrito moved for the adoption of Resolution No. 1988-151 entitled, A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS REPEALING RESOLUTION 1988-21 AND SETTING A FEE SCHEDULE FOR ZONING, CALIFORNIA ENVIRONMENTAL QUALITY ACT AND SUBDIVISION PROCEEDINGS AND FOR VARIOUS ENGINEERING SERVICES. Mr. Ventura seconded. Carried by a vote of four ayes. Mayor Carlson was absent. Mr. Ferrito requested the wording in the paragraph that begins with "resolved" in the resolution regarding fees for emergency responses to incidents caused by drinking drivers be changed to read, "RESOLVED, that there be imposed fees for emergency services including response and investigation of persons driving under the influence as follows:". Mr. Ventura moved for the adoption of the amended Resolution No. 1988-152 entitled, A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AMENDING A SCHEDULE OF FEES FOR EMERGENCY RESPONSES BY THE LOS GATOS POLICE DEPARTMENT TO INCIDENTS CAUSED BY DRINKING DRIVERS. Mr. Ferrito seconded. Carried by a vote of four ayes. Mayor Carlson was absent. GENERAL PLAN AMENDMENT GP-88-1 NONCONFORMING LOT & MERGER OF NONCONFORMING LOTS; ZONE ORD. AMEND A-88-1; & SUBDIV. ORD RE NOTICES OF VIOLATION & CERTIFICATE OF COMPLIANCE Vice-Mayor Benjamin stated this was the time and place duly noted for public hearing to consider the General Plan Amendment GP-88-1, consideration of amendments to the Los Gatos General Plan regarding nonconforming lots and merger of nonconforming lots. Zoning Ordinance Amendment A-88-1, consideration of amendment to the Town Zoning Ordinance regarding nonconforming lots and their merger of nonconforming lots. And consideration of amendments to the Town Subdivision Ordinance regarding procedures for notices of violation and certificates of compliance. No one from the audience wished to speak on this issue. Mr. Ventura moved to close the public hearing. Mr. Ferrito seconded. Carried by a vote of four ayes. Mayor Carlson was absent. Mr. Ferrito made the finding that the General Plan Amendment GP-88-1 is internally consistent with the General Plan. The following are section of the General Plan that support a finding of consistency: 2.4.10 The Town shall restrict development to that supported by parking, circulation, utilities and municipal services. 2/4/15 The Town shall approve no subdivision which creates a land- locked lot. Corridor lots are discouraged. 2.5.6 Impact of New Land uses on Circulation: Proposals for all subdivisions, any residential development, all non- residential development and any zone change that would, if approved, allow an intensification of use shall identify any impact on intersections and roads in terms of traffic volumes and safety. When, in the opinion of the deciding body, the impact is unacceptable, the proposal must be modified to mitigate the impact, or it shall be denied. The Town Council shall adopt by Resolution the criteria and procedures that implement this Traffic Impact Policy on a Town-wide basis. The Town Council, after review and recommendation by the Planning Commission, may adopt a list of exemptions to this policy which are necessary to allow minimal development of vacant lots, or to fulfill the Policies of the Housing Element of this General Plan. Mr. Ventura seconded. Carried by a vote of three ayes. Mr. Hamilton voted no and Mayor Carlson was absent. Mr. Ferrito made the finding that the Zoning Ordinance Amendment A-88-1 is consistent with the General Plan. The General Plan Sections stated above provide support the finding of consistency. Mr. Ventura seconded. Carried by a vote of three ayes. Mr. Hamilton voted no. Mayor Carlson was absent. Mr. Ferrito moved for the adoption of Resolution No. 1988-153 entitled, A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS CONCERNING AMENDMENTS TO THE LAND USE ELEMENT OF THE GENERAL PLAN REGARDING THE MERGER OF NONCONFORMING LOTS. Mr. Ventura seconded. Carried by a vote of three ayes. Mr. Hamilton voted no. Mayor Carlson was absent. Mr. Ferrito moved to waive the reading for AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONING ORDINANCE CONCERNING NONCONFORMING LOTS AND THE MERGER OF NONCONFORMING LOTS. Mr. Ventura seconded. Carried by a vote of four ayes. Sr. Deputy Clerk read title of the ordinance. Mr. Ferrito moved to introduce the ordinance. Mr. Ventura seconded. Carried by a vote of three ayes. Mr. Hamilton voted no. Mayor Carlson was absent. Mr.Ferrito moved to waive the reading for AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE TOWN SUBDIVISION ORDINANCE REGARDING PROCEDURES FOR NOTICES OF VIOLATION AND CERTIFICATES OF COMPLIANCE. Mr. Ventura seconded. Carried by a vote of four ayes. Mayor Carlson was absent. Sr. Deputy Clerk read title of the ordinance. Mr. Ferrito moved to introduce the ordinance. Mr. Ventura seconded. Carried by a vote of three ayes. Mr. Hamilton voted no. Mayor Carlson was absent. PUBLIC HEARING AMENDING SUB-REGIONAL POLICY OF COUNTY SOLID WASTE MANAGEMENT PLAN Vice-Mayor Benjamin stated this was the time and place duly noted for public hearing to consider amendment to the Sub-regional policy of the County Solid Waste Management Plan. Mr. Ferrito requested adding to (2) "and use capacity of". Section to read, "The amendment to combine the north and central sub- regions, rename the Southwest Sub-region and provide continued access nd use capacity of Guadalupe Mines Landfill, and provide for annual reporting regarding waste reduction to achieve 25% goal by 1995, and amendment to the Solid Waste Management Plan for Santa Clara County, is approved.". No one from the audience wished to speak on this issue. Mr. Ventura moved to close the public hearing. Mr. Ferrito seconded. Carried by a vote of four ayes. Mayor Carlson was absent. Mr. Ferrito moved to concur with Santa Clara County Board of Supervisors' Negative Declaration and adopt amended Resolution No. 1988- 154 entitled, RESOLUTION OF THE TOWN OF LOS GATOS APPROVING 1988 AMENDMENT TO THE SANTA CLARA COUNTY SOLID WASTE MANAGEMENT PLAN TO COMBINE THE NORTH AND CENTRAL SUB- REGIONS, RENAME THE SOUTHWEST SUB-REGION AND PROVIDE CONTINUED ACCESS TO GUADALUPE MINES LANDFILL, AND PROVIDE FOR ANNUAL REPORTING REGARDING WASTE REDUCTION TO ACHIEVE 25% GOAL BY 1995. Mr. Ventura seconded. Carried by a vote of four ayes. Mayor Carlson was absent. \ MINUTES JUNE 20, 1988 Mr.Ferrito requested page 2, "EIR Consultant Services & Contracts", changed to read "requested staff to review the list of providers and expand the list before renewal next year." Mr. Ventura requested page 5, "Appeal 253 Saratoga Avenue", first sentence changed to read, "Mr. Ventura voted no because the issue as to pre 9:00 a.m. weekday use had already been decided.". Page 8, "Secondary Unit Monthly report", change to read, "Mr. Ventura asked questions regarding the secondary unit being constructed at 18501 Overlook Road and the neighbor be advised of the status of the secondary unit." Mr. Ventura moved for approval of the June 20, 1988 minutes as amended. Mr. Hamilton seconded. Carried by a vote of three ayes. Vice-Mayor Benjamin abstained because she was not at the meeting. Mayor Carlson was absent. MINUTES JULY 5, 1988 Mr. Ventura requested page 2, "County Referrals" add "request staff to review the exterior architectural treatment to make it consistent with the existing building." Page 3, "Appeal -235 Saratoga Avenue. (Anton Julius)", change Mr. Ventura's vote to no. Mr. Ferrito requested page 1, "Appointments Personnel Board" delete from first sentence "prior to the Council meeting". Sentence to read, "It was noted by Vice-Mayor Benjamin that interviews for the one (1) vacancy on the personnel Board had been held and one application was received from Russell J. Cooney." Page 3, "Appeal - David Goldberg - 16720 Kennedy", change Mr. Ferrito's vote to no. Mr. Ventura amoved for the approval of the July 5, 1988 minutes as amended. Mr. Hamilton seconded. Carried by a vote of four ayes. Mayor Carlson was absent. MAY, 1988 TREASURER'S REPORT Vice-Mayor Benjamin stated Council had received the Treasurer's Report for May, 1988. WAIVER OF FEES UNITED METHODIST CHURCH - DAY CARE CENTER The Los Gatos United Methodist Church requested a waiver of fees to file a Conditional Use Permit Application to open a day care center. Council discussed if fees had been waived in the past for the school district. Fees that were waived were the taxes paid not the fees for service. Fees have not been waived for non- profits in the past; other Churches in Town with day care facilities that did not have the fees waived; the building is being built in part from the day care fees; if a non-profit wanted money for fees they could apply for grant the Town gives to non-profit organizations; and the importance of the notice to residents. Mr. Ventura amoved to accept staff recommendation and deny request for waiver of fees for a Conditional Use Permit Application and the request to have the Engineering Department provide an in-house Traffic Study at Town's expense. Reasons for denial are to be added to letter. Mr. Hamilton seconded. Carried by a vote of four ayes. Mayor Carlson was absent. WAIVER OF FEES LOS GATOS UNION SCHOOL DISTRICT (VAN METER SCHOOL) The Los Gatos Union School District requested the waiver of a Conditional Use Permit Fee for construction of a portable building at Van Meter School. Mr. Ventura amoved to accept staff recommendation and deny the request for waiver of the $800.00 Conditional Use Permit Fee. Mr. Hamilton seconded. Carried by a vote of four ayes. Mayor Carlson was absent. Reasons for denial are to be added to the letter as stated above. REQUEST FOR "KEEP CLEAR" ZONE - LOS GATOS BLVD. & CHARLES A petition was received from thirteen residents on Charles St., requesting a "Keep Clear" zone be installed on Los Gatos Boulevard at Charles Street. There was discussion on adding "Keep Clear" to other intersection on Los Gatos Boulevard. It was consensus of Council to exam requests as they come in. Mr. Ventura moved to install a "Keep Clear" zone on the northbound lane of Los Gatos Boulevard at Charles Street and staff to correct visibility of the signing. Mr. Ferrito seconded. Carried by a vote of four ayes. Mayor Carlson was absent. BUS STATION LEASE ANNUAL EXTENSION RIDER Discussion was held on rent of the station; covering the costs of running the station; ridership count; and profit margin. Staff to look into raising the rent and the profit margin. AMENDED HOUSING CONSERVATION PROGRAM GUIDELINES Staff had requested this item be continued for thirty days to the meeting of August 15, 1988. It was consensus of Council to continue this time to the August 15, 1988 Council meeting. GREEN VALLEY DISPOSAL - LATE PAYMENT CHARGES The current Franchise Agreement calls for late fees if the monthly payments are made later than twenty days following end of month. Late fees of $1,999.40 were calculated. Green Valley requested waiver of late fees because delay was to provide increased service to customers through computerization. Council would like a more detailed report on the procedure for notices of late fees. Mr. Hamilton moved to charge late fee of $1,999.40 for the period August, 1987 through February, 1988 to Green Valley Disposal Company. Mr. Ventura seconded. Carried by a vote of four ayes. Mayor Carlson was absent. RESIGNATIONS CATHERINE SMITH & SAM LAUB FROM PLANNING COMM. Mr. Ferrito moved to accept the resignations of Catherine Smith and Sam Laub from the Planning Commission with regret; advise the Clerk to readvertise for all openings July 27, 1988 with interviews to be held August 26, 1988 and appointment September 6, 1988. Mr.Ventura seconded. Carried by a vote of four ayes. Mayor Carlson was absent. Mr. Laub's letter to be put on the next Planning Commission meeting for discussion. MAYOR'S ABSENCE FROM COMMUNITY Mr.Ferrito moved to accept the Mayor's letter of absence for the community. Mr. Ventura seconded. Carried by a vote of four ayes. Mayor Carlson was absent. COOLING TOWER WARRANTY PERIOD Mr. Hamilton felt the policy for warranties should be from time staff accepts the work rather than wait until Council accepts the Notice of Completion. Mr. Ferrito noted that Council is the legal body that can act on the Notices and the process should stay the same. No action taken on the discussion. ADJOURNMENT Vice-Mayor Benjamin declared the meeting adjourned at 11:45 p.m., Monday, July 18, 1988. ATTEST: Rebecca L. Yates Sr. Deputy Clerk