Loading...
M 06-05-89TOWN OF LOS GATOS CALIFORNIA TOWN COUNCIL/PARKING AUTHORITY JUNE 5, 1989 MINUTES TOWN COUNCIL The Town Council/Parking Authority of the Town of Los Gatos met in the Council Chambers of Town Hall, 110 E. Main St., at 7:40 p.m., Monday, June 5, 1989, in regular session. ROLL CALL PRESENT: Eric D. Carlson, Robert L. Hamilton and Vice-Mayor Thomas Ferrito. Brent N. Ventura arrived at 7:50 p.m. and Mayor Joanne Benjamin arrived at 8:25 p.m. ABSENT: None. PLEDGE OF ALLEGIANCE Given by all in attendance. APPOINTMENTS/MUSEUM COMMISSION/JULIE KELLER Vice-Mayor Ferrito indicated that an application had been received from Julie Keller for the Museum Commission. Ms Keller had been interviewed prior to the Council Meeting this evening. Motion by Mr. Carlson, seconded by mr. Hamilton, to appoint Ms Keller to the Museum Commission and to authorize the Town Clerk to readvertise the remaining two vacancies. Carried by a vote a 3 ayes. Mr. Ventura and Mayor Benjamin absent. PUBLIC HEARINGS SCHEDULED FOR JUNE 5, 1989 MEETING Vice-Mayor Ferrito stated that this was the date and place duly noted for public hearing to consider Item 24, 26, 27 and 28 and asked if there was anyone present for those items. Staff recommendation is to continue Item 24 to July 3, 1989 and Items 26, 27, and 28 to June 19, 1989. Vice-Mayor Ferrito read the following items scheduled for Public Hearing this evening. Item 24: Hearing to consider approval of a Certificate of Correction to the Final Map for Tract 7613, to allow construction of a home on the westerly portion of Lot #4 of Tract 7613. Applicants: Blasius and Kristina Brezoczky. Address: 16060 Cerro Vista Drive. No one from the audience wished to speak to this issue. Item 26: Hearing to consider appeal of Planning Commission approval to operate a care facility/group home on property in the "O" zone (Architecture and Site Application S-72-162A, Conditional Use Permit U-86-2A.) Property address: 15245 National Avenue. Property Owner: David F. Ellisor. Applicant: Robert Hails. Appellant: Joan Banks/Thomas E. Wolf. No one from the audience wished to speak to this issue. Item. 27: Hearing to consider appeal of Planning Commission's denial of plans for a remodel and second story addition to an existing single family residence in the R-1D- LHP zone (Architecture and Site Application S-89-2). Property Address: 304 Nicholson. Property Owner: Barbara Herlihy. No one from the audience wished to speak to this issue. Item 28: Hearing to consider an appeal of the Planning Commission's approval of a request for permission to intensify a nonconforming restaurant use (The Diner) by increasing the hours of operation on property in the C-2 zone. Conditional Use Permit U-87-A. Property: 235 Saratoga Avenue. Owner: Linda Ball. Applicant: Anion Julius. Appellant: Madam Aviate. No one from the audience wished to speak to this issue. Moved by Mr. Carlson with apologies to those involved, seconded by Mr. Hamilton, to continue Item 24 to July 3, 1989 and item's 26, 27, and 28 to June 19, 1989. Carried by three ayes. Mr. Ventura and Mayor Benjamin absent. PRESENTATIONS/MUSEUM COMMISSION/YOUTH ADVISORY COMMISSION Vice-Mayor Ferrito presented Commendations to Collutoria Brown and Art Dawning of the Museum Commission. A special Commendation was presented to Jeffrey Young who was the recipient of the Youth Advisory Board's Community Service Award". Commendations were also presented to members of the Youth Advisory Board. Those present to accept their commendations were: Elizabeth Ross, Caitlin Schechter, Lisa Zahner, Kristen Fish, Brian Grasser, Erik Wolf and Tim Zahner. CLOSED SESSION Mary Jo Levinger, Town Attorney, reported that Council had met in Closed Session prior to this evening's meeting, pursuant to Government Code Section 54956.9(a) in regard to Pending Litigation, Ho v. Town Council. Item was not discussed. Pursuant to Government Code Section 54956.9(c), Institution of Litigation Re: Villa Vasona, there was no report from that discussion. Pursuant to Government Code Section 54956.9(c), Institution of Litigation Re: Route 85, Council authorized an additional $5,000.00 in attorney's fees to Ochoa and Sillas in that matter. Council also met to discuss labor relations and personnel, and there was no report from either of those items. BID AWARD/SKID STEER LOADER AND TRAILER Motion by Mr. Carlson, seconded by Mr. Ventura, to award for the purchase of one (1) 1989 Four-Wheel Drive Skid Steer Loader and Trailer to the low bidder, Golden State Equipment company, Inc. at the net bid amount of $29,387.88. Carried by a vote of 4 ayes. Mayor Benjamin absent. SCHEDULE OF PUBLIC HEARINGS Informational report to Council regarding upcoming scheduled public hearing. COUNTY REFERRALS Report to Council regarding projects Outside Urban Service Area 3751-27-43-88 B89V request for variance for property located on Brush Road. Applicant: Bumgarner. Town Manager has no comment. Mr. Ferrito requested that staff ask that if the set back is modified there be no further subdivision to the property. Report to Council regarding projects Inside Urban Service Area 141-34-51-78B-87G request for Design Review and Grading for property located on Diduca Way. Applicant: Mehdizadeh. Mr. Ferrito asked for consensus that staff amend recommendation and inform County that Council considers this project too large for the hillside. 2913-30-49-86B-86G request for Time Extension for property located at South end of Tourney Road. Applicant: De Palma. Staff recommends denial. 3687-36-50-88G-88B-88V-88DR request for Variance and Design Review for property located on Hicks Road. Applicant: Fee. Motion by Mr. Ventura, seconded by Mr. Carlson, to amend the report and file Council's considerations with the Board of Supervisors. Carried by a vote of 4 ayes. Mayor Benjamin absent. PLANNING COMMISSION/PLANNING DEPARTMENT/MONTHLY STATUS REPORT Informational report for Council on Planning Commission's monthly activities. COUNCIL CALENDAR OF MEETINGS Informational review of Council meetings for months of June and July, 1989. PAYROLL RATIFICATION/MAY 19, 1989 Motion by Mr. Ventura, seconded by Mr. Carlson, for ratification of payroll in the amount of $189,907.07 and accompanying check registers for the payroll of April 30-May 13, 1989 paid on May 19, 1989, and May 26, 1989 (holiday pay) in the amount of $25,312.79 and payroll related checks in the amount of $15,882.74. Carried by a vote of 4 ayes. Mayor Benjamin absent. TOWN COUNCIL/MEETING SCHEDULE FOR FISCAL YEAR 1989-90. Motion by Mr. Ventura, seconded by Mr. Carlson, to approve the Town Council meeting schedule for fiscal year 1989-90. Carried by a vote of 4 ayes. Mayor Benjamin absent. 16575 SHANNON ROAD/PRESBYTERIAN CHURCH/PARKING RESTRICTION Motion by Mr. Ventura, seconded by Mr. Carlson, to approve Resolution No. 1989-103 entitled, PARKING RESTRICTION (RED CURB) 16575 SHANNON ROAD, Presbyterian Church of Los Gatos. Carried by a vote of 4 ayes. Mayor Benjamin absent. 16768 FRANK AVENUE/NOTICE OF COMPLETION Motion by Mr. Ventura, seconded by Mr. Carlson, that Council authorize the Mayor to execute, and the Town Clerk to record, a Notice of Completion and Certificate of Acceptance for the public improvement work located at 16768 Frank Avenue. Carried by a vote of 4 ayes. Mayor Benjamin absent. HISTORIC RESOURCES INVENTORY/CONSULTANT SELECTION Motion by Mr. Ventura, seconded by Mr. Carlson, to direct staff to prepare an agreement for the preparation of a Historic Resources Inventory and to authorize the Town Manager to sign an agreement with one of the Consultants to prepare a Historic Resources Inventory. Direct staff to include the necessary finding to complete the Historic Resources Inventory in the 1989-90 budget. Carried by a vote of 4 ayes. Mayor Benjamin absent. ROTARY/SAN JOSE WEST/LOS GATOS CREEK TRAIL Motion by Mr. Ventura, seconded by mr. Carlson, to approve San Jose West Rotary Club's request for facility use (Los Gatos Creek Trail System from the face of Vasona Dam to Lark Avenue) on Saturday, June 17, 1989 subject to conditions established by the Parks, Forestry and Maintenance Services and Police Department. Carried by a vote of 3 ayes. Mr. Ventura voted no. Mayor Benjamin absent. DANIEL C. GOINS/CLAIM REJECTION/WHEEL RIM Motion by Mr. Ventura, seconded by Mr. Carlson, to reject the claim of Daniel C. Goins filed with the Town Clerk on May 9, 1989. Carried by a vote of 4 ayes. Mayor Benjamin absent. 15400 SUVIEW DRIVE/CHARLES HACKETT/GRADING VIOLATION Informational report to Council regarding Mr. Hackett's grading violation. TRANSIT ASSIST JOINT POWERS AGREEMENT Motion by Mr. Ventura, seconded by Mr. Carlson, to schedule Transit Assist Joint Powers Agreement for review by the Town Council on June 19, 1989. Carried by a vote of 4 ayes. Mayor Benjamin absent. JOHN LOCHNER/CITIZEN OF THE YEAR/RESOLUTION 1989-104 Motion by Mr. Ventura, seconded by Mr. Carlson, to adopt Resolution 1989-104, entitled RESOLUTION OF THE TOWN OF LOS GATOS COMMENDING JOHN LOCHNER FOR BEING NAMED 1989 LOS GATOS CITIZEN OF THE YEAR. Carried by a vote of 4 ayes. Mayor Benjamin absent. 157 CENTRAL AVE./S-89-3/OW: GREMORE/APPEAL PC DENIAL/RESOLUTION 1989-105 Motion by Mr. Ventura, seconded by Mr. Carlson, to adopt Resolution 1989-105, entitled RESOLUTION OF THE TOWN OF LOS GATOS DENYING APPEAL OF PLANNING COMMISSION APPROVAL OF PLANS FOR AN EXISTING SINGLE FAMILY RESIDENCE CONSTRUCTED WITHOUT ALL APPROPRIATE TOWN APPROVALS ON PROPERTY IN THE 5-1:10.;000 ZONE, incorporating the findings and decision of the Town Council at its meeting of May 15, 1989. Carried by a vote of 4 ayes. Mayor Benjamin absent. 14735 BLOSSOM HILL/U-88-15/OW: AYALA/AP: LYANG/RESOLUTION 1989-106 Motion by Mr. Ventura, seconded by Mr. Carlson, to adopt Resolution 1989-106, entitled RESOLUTION OF THE TOWN OF LOS GATOS DENYING APPEAL OF PLANNING COMMISSION DENIAL TO OPERATE A RESIDENTIAL CARE FACILITY ON FIVE ACRES OF PROPERTY UNDER CONTRACT AS OPEN SPACE PURSUANT TO THE CALIFORNIA LAND CONSERVATION ACT OF 1965 (WILLIAMSON ACT) IN THE RC ZONE, incorporating the findings and decision of the Town Council at its meeting of May 15, 1989. Carried by a vote of 3 ayes. Mr. Hamilton voted no. Mayor Benjamin absent. 54 CHESTER/S-88-51/OW: O'BRIEN/APPEAL PC DENIAL/AP: RAYNES/RESOLUTION 1989-107 Motion by Mr. Ventura, seconded by Mr. Carlson, to adopt Resolution 1989-107, entitled RESOLUTION OF THE TOWN OF LOS GATOS DENYING APPEAL OF PLANNING COMMISSION DENIAL OF A BUILDING PERMIT FOR A SECOND STORY ADDITION TO AN EXISTING SINGLE STORY RESIDENCE IN THE R-1D ZONE, incorporating the findings and decision of the Town Council at its meeting of May 15, 1989. Carried by a vote of 3 ayes. Mr. Hamilton voted no. Mayor Benjamin absent. 50 CHESTER ST/S-88-72/OW: RAYNES/APPEAL PC DENIAL/RESOLUTION 1989- 108 Motion by Mr. Ventura, seconded by Mr. Carlson, to adopt Resolution 1989-108, entitled RESOLUTION OF THE TOWN OF LOS GATOS DENYING APPEAL OF PLANNING COMMISSION DENIAL OF A BUILDING PERMIT FOR THE REMODEL AND EXPANSION OF A SINGLE FAMILY RESIDENCE IN THE R-1D ZONE, incorporating the findings and decision of the Town Council at its meeting of May 15, 1989. Carried by a vote of 4 ayes. Mayor Benjamin absent. O DITTOS LANE/Z-86-4/OW: GERA/APPEAL PC DENIAL/RESOLUTION 1989-109 Motion by Mr. Ventura; Seconded by Mr. Carlson to adopt Resolution 1989-109, entitled RESOLUTION OF THE TOWN OF LOS GATOS DENYING APPEAL OF PLANNING COMMISSION DENIAL OF A ZONE CHANGE FROM R-1D-PD SINGLE-FAMILY RESIDENTIAL DOWNTOWN TO R-1D-PD SINGLE-FAMILY RESIDENTIAL DOWNTOWN PLANNED DEVELOPMENT, incorporating the findings and decision of the Town council at its meeting of May 15, 1989. Carried by a vote of 2 ayes. Mr. Hamilton and Mr. Ventura abstained. Mayor Benjamin absent. HEARING 300 BLOSSOM HILL/OW: NINO & VASONA HILLS/AP: LAMBORN/APPEAL PC APPROVAL/HEARING Vice-Mayor Ferrito stated that this was the time and place duly noted for public hearing to consider appeal of Planning Commission approval of tentative map for a 32-lot residential subdivision on 10.2 acres of property at the southeast corner of Blossom Hill and Roberts Roads and zoned R-1:8000-PD. Property Owners: Edward Nino and Vasona Hills Partnership. Appellant: Ann Lamborn. The following people from the audience wished to speak to the issue: Ann Lamborn, 7 Monroe Ct., 19 years at one residence in the area, expresses desire for hammer-head design or cul-de-sac to be explained more fully. She submitted for the record 64 signatures in favor of Roberts Road closure, along with diagrams and photographs. There was also a letter read into the record, and so acknowledged. Julene DeePief, 47 W. Roberts Rd., feels that the premises and conclusions of the traffic study do not answer the problems of the road and project. Richard Nicora, 6 Forrest Ave., #3, spoke against the project. At this point a five minute intermission was requested by Vice-Mayor Ferrito. Jane Duff, 2 Brickway Court, 12 year resident in the area, asked how a development of thirty-five units could be allowed when her one-unit in this area was not permitted. Robert Koche, 55A Roberts Road, does not feel that the traffic report is a complete one and does not offer all the facts that are necessary to study the issue. He would like the Planning Dept. to restudy the issue. Pat Murphy, 10 Monroe Ct., has lived in this area for 10 years, and would like to be sure that the neighborhood has input in the cul-de-sac design and traffic mitigation measures. Richard Hunter, 55 Roberts Road, #C would like to see a slower speed limit on this road. 25MPH is too fast for this area and should be lowered. Alicia Barela, 1 Monroe Ct., would like to see the closure of Roberts Road, with a designed cul-de-sac, included in the tentative map. Joe Kersh, 10 Monroe Ct., is against the whole project and would like the project disapproved. Jessie Prout, 3 Monroe Ct., is asking for assurance of neighborhood considerations in the traffic mitigation options and notification on all aspects of Town action regarding this project. Linda Callon, representative for Ainsley Development Company, spoke to the necessity of approving the tentative map this evening, and asks that Council deny the appeal and approve the map. Ann Lamborn, 7 Monroe Ct., asked again for the denial of map approval or at least inclusion of the cul-de-sac in the map plans. There was no one else from the audience who wished to speak to this issue. Motion by Mr. Ventura, seconded by Mr. Hamilton, to close the public hearing. Carried by a vote of 4 ayes. Mayor Benjamin abstained. Motion by Mr. Ventura, seconded by Mr. Ferrito, that Council find that the Planning Commission erred in makings its decisions regarding the conditions of approval in that they were unaware that Council had subsequently met and basically changed those conditions so we would have all of our options open and available to us to consider closing the road and that the conditions of approval for the tentative map be amended to include those items included on the desk item report as presented here tonight and request the Town Attorney prepare the appropriate resolution. Carried by a vote of 4 ayes. Mayor Benjamin abstained. MINUTES OF APRIL 17, 1989 Mr. Ferrito requested a correction on page 8, Business Vitality Committee, second paragraph, Mr. Ferrito's vote, should reflect that the stated reason for his "No" vote was as follows: the Chamber of Commerce exists as a special interest group for its members and represents the business community, and if they feel that the business people need a business person's guide to the Town then the Chamber should pay for it and not the Town. These minutes will be reviewed by Council before approval. MINUTES OF MAY 15, 1989 Mr. Ferrito requested page 9, Guadalupe College Continued, fourth paragraph from bottom, to reflect the following: that the certified EIR did not adequately or completely address Limekiln. Mayor Benjamin requested page 7, Guadalupe, top of page, the word "form" be changed to "from." Moved by Mr. Carlson, approval of the minutes as amended. Mr. Ventura seconded. Carried unanimously. MINUTES OF MAY 22, 1989 Mr. Carlson requested page 1, Roll Call, that the record show that he was present at 8:03 p.m. Moved by Mr. Ventura, approval of the minutes as amended. Mr. Hamilton seconded. Carried unanimously. TREASURER'S REPORT Council accepted Treasurer's Report for April 30, 1989. 16510 HARWOOD ROAD/OW: FALTERSACK/APPEAL PC DENIAL/RESOLUTION 1989-110 Motion by Mr. Carlson, for adoption of Resolution 1989-110 entitled, RESOLUTION OF THE TOWN OF LOS GATOS DENYING APPEAL OF PLANNING COMMISSION DENIAL OF SUBDIVISION APPLICATION REQUESTING APPROVAL OF A TWO-LOT SUBDIVISION AND VARIANCE APPLICATION REQUESTING PERMISSION TO REDUCE MINIMUM LAND AREA REQUESTED FOR EACH DWELLING UNIT ON 2.01 ACRES OF PROPERTY IN THE HR-1 ZONE, and allow the application for slope density transfer in this particular case, noting for the record that "in this particular case" refers to Alerche Drive only, which has previously had this three part development, and in fact there are other conditions we are requiring the applicant to meet inorder that the slope density requirements are in fact met in this area. Mr. Hamilton seconded. Carried by a vote of 3 ayes. Mr. Ferrito and Mr. Ventura voted no. CODE ENFORCEMENT/TOWN ATTORNEY Informational report to Council addressing the following items: 1. 241 Arroyo Grande Way, retaining wall. 2. 15400 Suview Drive, grading violation. 3. 103 Edelen Ave., secondary unit. 4. 45 Broadway, secondary unit. CODE OF ETHICS/INTRODUCTION OF ORDINANCE Mr. Hamilton requested this item be continued for discussion on a future agenda. 1797 FOSTER ROAD/GUADALUPE COLLEGE/OW: HO/TIME EXTENSION/RESOLUTION Motion by Mr. Ferrito, seconded by Mr. Carlson, to continue this matter to June 19, 1989 for the reasons following: On May 15, 1989, the Council held the public hearing on the appeal of the time extension request for Guadalupe College as ordered by the Superior Court. The Council closed the public hearing and made a series of consensus motions that indicated the Council's willingness to deny the appeal and to grant the time extension with modifications to the original conditions. The Council then continued final action to June 5, 1989, to allow for further refinement of the conditions and findings. The Council also gave the applicant and the appellant an opportunity to submit written comments to be included in the record. Comments were received from Thomas S. Jordan, Jr. Esq., Attorney for Kang Ming Ho, D.L. Lincoln, representative for Citizens for the Preservation of Saint Joseph's Hill and Michael S. Evans, secretary for Lexington Hills Association, see Exhibits 1, 2 and 3. Even though the Planning and Engineering staff has been working diligently on the conditions, findings and review of the comments submitted, the final staff recommendation is not complete and cannot be completed in time for the Council, the applicant and the appellant to have more than a few hours time to review it. It is unfortunate that the work on this report coincided with the final work on the budget and the Capital Improvement Program and the principals in each department working on this report also had major responsibilities for the budget and were not able to devote the time necessary to complete this report. The comments by the applicant as to the appropriateness or legality of some of the changes in conditions require more than usual scrutiny before the Council can act on the report. Therefore, it is recommended that the matter be continued to June 19, 1989, with the understanding that the report be distributed to the applicant, the appellant and other interested parties approximately one week before the meeting. Carried unanimously. MARIA'S BERRY FARM/RELOCATION Randy Attaway, 250 Glenridge, Co-Chairman of Maria's Berry Farm (Main House and Water Tower) Relocation Committee, gave an informational report to which Council provided preliminary feedback to the Maria's Berry Farm Committee regarding the overall Town priority of relocating this facility and Council's considerations relating to the relocation. SANTA CLARA COUNTY CITIES CONSOLIDATION AND REORGANIZATION PROPOSAL Motion by Mr. Ventura, seconded by Mr. Carlson, to participate in the creation of a Santa Clara County section of the League of California Cities and the consolidation of the Inter-City Council, Santa Clara County Mayor's Conference and City Selection Committee, but participate in the organization only if the proposed consolidation of other County organizations occurs, and to have staff draft a letter with suggestions to be forwarded to the committee on reorganization regarding Council's suggestions and financial concerns. Carried unanimously. 529 SAN BENITO AVE/OW: SCHAMADAN/SECONDARY UNIT/FEE WAIVER Motion by Mr. Ventura, seconded by Mr. Ferrito, to deny the request for waiver of fees for a secondary dwelling unit application for two nonconforming secondary dwelling units at 529 San Benito and owned by Tom Schamadan. Carried by a vote of 4 ayes. Mr. Hamilton voted no. HISTORIC PRESERVATION COMMITTEE/RECOMMENDATION OF APPOINTMENTS Motion by Mr. Ventura, seconded by Mr. Carlson, to accept recommendation of the Planning Commission, however, rather than one "at large" member being nominated by the Heritage Preservation Society, the Council should formally notify the Society when a vacancy on the Historic Preservation Committee exists for an "at large" member. The Council could then consider names submitted by the Heritage Preservation Society prior to the Council making the appointments. Carried unanimously. \ MUSEUM COMMISSIONER/DIANE McNUTT/LEAVE OF ABSENCE Motion by Mr. Ferrito, seconded by Mr. Carlson, to approve Museum Commissioner Diane McNutt's request for a leave of absence from the Museum Commission. Carried by a vote of 4 ayes. Mr. Hamilton voted no. 17975 FOSTER RD/GUADALUPE COLLEGE/FOSTER ROAD #7/ANNEXATION/RESOLUTION 1989-1110 Motion by Mr. Ferrito, seconded by Mr. Carlson, to adopt Resolution 1989-111, entitled A RESOLUTION APPROVING THE ANNEXATION OF CERTAIN UNINHABITED TERRITORY DESIGNATED AS FOSTER ROAD #7 TO THE TOWN OF LOS GATOS, as described in Exhibits A and B attached to the report on this item. Carried unanimously. HIGHWAY 17 & LEXINGTON/INTERCHANGE Council requested that staff do a comparison matrix on the five alternatives CalTrans will be suggesting after its public hearing next week; this matrix to include the least growth inducing impacts, the least environmental impacts and the safety factors. ADJOURNMENT Motion by Mr. Carlson seconded by Mr. Hamilton, to adjourn at 11:50 p.m., to Thursday, June 8, 1989, at 7:30 p.m., at which time the Council will conduct a Study Session regarding the 1989-92 Capital Improvement Program. Carried unanimously. ATTEST: MARIAN V. COSGROVE TOWN CLERK