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M 07-10-89TOWN OF LOS GATOS CALIFORNIA TOWN COUNCIL/PARKING AUTHORITY JULY 10, 1989 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 7:32 p.m. in a regular meeting. ROLL CALL PRESENT:Eric D. Carlson, Thomas J. Ferrito, Robert L. Hamilton arrived at 7:35, and Mayor Joanne Benjamin. ABSENT:Brent N. Ventura. PLEDGE OF ALLEGIANCE Given by all in attendance. APPOINTMENTS/LIBRARY BOARD/SUE VAN KEULEN Application was received from Sue van Keulen for the vacancy on the Library Board. Voting was held and Ms. van Keulen was appointed to the Board. Term to expire July 1, 1992. APPOINTMENTS/LOS GATOS ARTS COMMISSION/LEE BUCHANAN/VALORIE HILL/MINTY BROWN Applications were received from Lee Buchanan, Megan Davidson, Lucy McAllister, Mary Eastham, Valorie Hill and Minty Brown for the three vacancies on the Los Gatos Arts Commission. Voting was held and Minty Brown, Lee Buchanan and Valorie Hill were appointed to fill the three vacancies. Terms to expire July 1, 1992. CLOSED SESSION Mary Jo Levinger, Town Attorney, reported that Council had met in Closed Session on July 5, 1989, to discuss Labor Relations. The three Memorandums of Understanding with the labor unions were discussed and those items appear on tonight's Council Agenda as Item 19 for approval. SCHEDULE OF PUBLIC HEARINGS Council approved report regarding upcoming scheduled public hearings. COUNTY REFERRALS Report to Council regarding projects Outside Urban Service Area 4068-27-43-89LA request for Lot Line Adjustment for property located at 20715 & 20780 Brush Rd. Applicant Murray & Mustain. Staff recommends no comment. Projects Inside Urban Service Area 4033-31-55-89A request for Signs at property located at 15171 Los Gatos Blvd. Applicant Burnworth. Staff to forward a recommendation for approval to the County of Santa Clara subject to the following condition: That signs meet Town requirements and portable signs be prohibited on the site. Motion by Mr. Hamilton, seconded by Mayor Benjamin, to accept staff's recommended action regarding the County Referrals. Carried by a vote of 3 ayes. Mr. Hamilton voted no. Mr. Ventura absent. COUNCIL CALENDAR OF MEETINGS Council approved the revised Town Council meeting schedule for fiscal year 1989-90, which changed meeting dates in January, February and April as noted. PAYROLL RATIFICATION/PAID JUNE 16 AND JUNE 30, 1989/RELATED WARRANTS Motion by Mr. Hamilton, seconded by Mayor Benjamin, for Council ratification of payrolls in the amount of $186,924.24 and $184,351.58, payroll related warrants in the amount of $131,073.99 and $188,004.53, accompanying check registers for payrolls of May 28 to June 10 and June 11 to June 30 paid on June 16 and June 30, 1989. Carried by a vote of 4 ayes. Mr. Ventura absent. ACCOUNTS PAYABLE RATIFICATION/JUNE 23 AND 30, 1989 Motion by Mr. Hamilton, seconded by Mayor Benjamin, for Council ratification of the check register for accounts payable invoices paid on June 23 and 30, 1989. Carried by a vote of 4 ayes. Mr. Ventura absent. PLANNING COMMISSION/PLANNING DEPARTMENT/MONTHLY STATUS REPORT Informational report for Council on Planning Commission's monthly activities. LICENSE TRANSFER/ALCOHOLIC BEVERAGE Informational report for Council regarding applications for alcoholic beverage control license transfer for the following: 1) 50 University Ave. - University Club. 2) 102 S. Santa Cruz Ave. - #1 Broadway. 3) 50 University Ave. - Iguana Bar and Grill. 4) 368 Village Lane - The Peasant Chef. YOUTH SCIENCE INSTITUTE/10-K RACE/SEPTEMBER 10, 1989 Motion by Mr. Hamilton, seconded by Mayor Benjamin, to approve the request by The Youth Science Institute to hold its Sixth Annual Vasona Park 10-Kilometer Wildlife Run on Sunday, September 10, 1989, subject to the conditions of the town. Carried by a vote of 4 ayes. Mr. Ventura absent. 17400 PHILLIPS ROAD/OW: COOK/OPEN SPACE EASEMENT Motion by Mr. Hamilton, seconded by Mayor Benjamin, to conceptually approve the proposed form of Open Space Easement dedication on behalf of the Town when the property is not contiguous with property jointly owned by the Town and the Open Space District. Carried by a vote of 4 ayes. Mr. Ventura absent. PARKING ASSESSMENT DISTRICT/LOT 9 AND LOT 4 Motion by Mr. Hamilton, seconded by Mayor Benjamin, that Council concur with the Parking Commission recommendation to rebid the Parking Lot Projects, Lot 9 and Lot 4, this fall for construction early next spring. Carried by a vote of 2 ayes. Mr. Ferrito and Mr. Hamilton abstained. Mr.Ventura absent. STATE ROUTE 17/LEXINGTON INTERCHANGE Motion by Mr. Hamilton, seconded by Mayor Benjamin, to direct staff to send letter to the County of Santa Clara Transportation Agency expressing the concerns the Town wishes to have addressed in the Environmental Impact Statement regarding the construction of an interchange and frontage roads on State Route 17 at Lexington Reservoir, and making an addition to the first item so as to read, "The Town is seriously concerned about the growth inducing impacts, (residential, commercial and public) of an interchange near Lexington Reservoir." Carried by a vote of 4 ayes. Mr. Ventura absent. 227 FORRESTER ROAD/NOTICE OF COMPLETION Motion by Mr. Hamilton, seconded by Mayor Benjamin, to 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 227 Forrester Road. Carried by a vote of 4 ayes. Mr. Ventura absent. KCAT BOARD RESIGNATION/RANDY ATTAWAY Motion by Mr. Hamilton, seconded by Mayor Benjamin, that Council accept with regrets the resignation from the KCAT Board of Directors of Randy Attaway, and that the Clerk advertise vacancy for 30 days with closing date of August 16, 1989, and interviews on August 21, 1989. Carried by a vote of 4 ayes. Mr. Ventura absent. TOWN AUCTION/RESOLUTION 1989-117 Motion by Mr. Hamilton, seconded by Mayor Benjamin, that Council adopt Resolution 1989-117, entitled RESOLUTION OF THE TOWN OF LOS GATOS DECLARING CERTAIN TOWN PROPERTY AS SURPLUS FOR TOWN AUCTION, including unclaimed personal property turned into the Police Department,and replaced fixed asset items. Carried by a vote of 4 ayes. Mr. Ventura absent. 239 FORRESTER ROAD/REVOCABLE ENCROACHMENT PERMIT/RESOLUTION 1989-118 Motion by Mr. Hamilton, seconded by Mayor Benjamin, that Council adopt Resolution 1989-118, entitled RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING TOWN ENGINEER TO ISSUE A REVOCABLE ENCROACHMENT PERMIT FOR INSTALLATION AND MAINTENANCE OF A GATE ACROSS THE EMERGENCY ACCESS EASEMENT AT 239 FORRESTER ROAD allowing improvements within the town's right-of-way or easement until such time as the Town gives notice that the improvements shall be removed. Carried by a vote of 4 ayes. Mr. Ventura absent. GRANT RECIPIENTS 1989-90/COMMUNITY SERVICES/RESOLUTION 1989- 119 Motion by Mr. Hamilton, seconded by Mayor Benjamin, that Council adopt Resolution 1989-119, entitled RESOLUTION AUTHORIZING THE TOWN MANAGER TO NEGOTIATE AND EXECUTE AGREEMENTS WITH FISCAL YEAR 1989-90 TOWN FUND GRANT RECIPIENTS. Carried by a vote of 4 ayes. Mr. Ventura absent. MEMORANDUM OF UNDERSTANDING/TOWN EMPLOYEE'S ASSOCIATION (TEA)/ RESOLUTION 1989-120 Motion by Mr. Hamilton, seconded by Mayor Benjamin, that Council adopt Resolution 1989-120, entitled RESOLUTION OF THE TOWN OF LOS GATOS APPROVING MEMORANDUM OF UNDERSTANDING BETWEEN THE TOWN OF LOS GATOS AND THE TOWN EMPLOYEE'S ASSOCIATION (TEA), which was ratified by Council during closed session of July 5, 1989. Carried by a vote of 4 ayes. Mr. Ventura absent. MEMORANDUM OF UNDERSTANDING/AFSCME/RESOLUTION 1989-121 Motion by Mr. Hamilton, seconded by Mayor Benjamin, that Council adopt Resolution 1989-121, entitled RESOLUTION OF THE TOWN OF LOS GATOS APPROVING MEMORANDUM OF UNDERSTANDING BETWEEN THE TOWN OF LOS GATOS AND AFSCME, which was ratified by Council during closed session on July 5, 1989. Carried by a vote of 4 ayes. Mr. Ventura absent. MEMORANDUM OF UNDERSTANDING/POLICE OFFICERS' ASSOCIATION/ RESOLUTION 1989-122 Motion by Mr. Hamilton, seconded by Mayor Benjamin, that Council adopt Resolution 1989-122, entitled RESOLUTION OF THE TOWN OF LOS GATOS APPROVING MEMORANDUM OF UNDERSTANDING BETWEEN THE TOWN OF LOS GATOS AND POLICE OFFICERS' ASSOCIATION (POA), which was ratified by Council during closed session July 5, 1989. Carried by a vote of 4 ayes. Mr. Ventura absent. 15245 NATIONAL AVE/CEDAR RIDGE FACILITY/CARE AND GROUP HOME/RESOLUTION 1989-123 Motion by Mr. Hamilton, seconded by Mayor Benjamin, that Council adopt Resolution 1989-123, entitled RESOLUTION OF THE TOWN OF LOS GATOS DENYING APPEALS OF PLANNING COMMISSION APPROVAL TO OPERATE A CARE FACILITY/GROUP HOME ON PROPERTY IN THE "O" ZONE, and incorporating the findings and decision of the Town Council at its meeting of June 19, 1989. Carried by a vote of 3 ayes. Mr. Carlson abstained. Mr. Ventura absent. 304 NICHOLSON AVE/OW: HERLIHY/RESOLUTION 1989-124 Motion by Mr. Hamilton, seconded by Mayor Benjamin, that Council adopt Resolution 1989-124, entitled RESOLUTION OF THE TOWN OF LOS GATOS REMANDING TO THE DEVELOPMENT REVIEW COMMITTEE AND THE PLANNING COMMISSION THE APPEAL OF PLANNING COMMISSION DENIAL OF PLANS FOR A REMODEL AND SECOND STORY ADDITION TO AN EXISTING SINGLE FAMILY RESIDENCE IN THE R-1D-LHP ZONE AND REFERRING APPEAL TO THE PLANNING COMMISSION, incorporating the findings and decision of the Town Council at its meeting of June 19, 1989. Carried by a vote of 3 ayes. Mr. Ferrito voted no. Mr. Ventura absent. 62O SAN BENITO/OW: KATZ/RESOLUTION 1989-125 Motion by Mr. Hamilton, seconded by Mayor Benjamin, that Council adopt Resolution 1989-125, entitled RESOLUTION OF THE TOWN OF LOS GATOS REMANDING TO THE DEVELOPMENT REVIEW COMMITTEE AND THE PLANNING COMMISSION THE APPEAL OF PLANNING COMMISSION DECISION TO UPHOLD THE DECISION OF THE PLANNING DIRECTOR IN DENYING AN APPLICATION FOR A SECOND-STORY ADDITION TO A SINGLE FAMILY RESIDENCE IN THE R-1D ZONE, incorporating the findings and decision of the Town Council at its meeting of June 19, 1989, and including an amendment under "Be it resolved:", section 1, end of sentence as follows: "and is will to do so." Carried by a vote of 4 ayes. Mr. Ventura absent. PUBLIC HEARINGS HORSE DRAWN CARRIAGES/ORDINANCE INTRODUCTION/RESOLUTION ADOPTING FEE SCHEDULE Mayor Benjamin stated that this was the time and place duly noted for public hearing to consider introduction of ordinance regulating horse drawn carriages, including adoption of resolution amending schedule of fees. There was no one from the audience who wished to speak to these issues. Motion by Mr. Ferrito, seconded by Mr. Carlson, to continue these items to July 17, 1989. Carried by a vote of 4 ayes. Mr. Ventura absent. 222 JO DRIVE/S-89-32/OW: MENDELSON/HEARING Mayor Benjamin stated that this was the time and place duly noted for public hearing to consider the appeal of a decision of the Planning Commission in granting the appeal of a decision of the Planning Director in denying a request to make application for a secondary dwelling unit in the R-1:8000 zone, S-89-32. Property: 222 Jo. Drive. Owner: Emilia Mendelson. Appellant: Marvin and faith Woodlief, et al. There was no one from the audience to speak to this issue. Motion by mr. Ferrito, seconded by Mr. Hamilton, to continue this item to August 7, 1989. Carried by a vote of 4 ayes. Mr. Ventura absent. 16060 CERRO VISTA DRIVE/LOT #4/CERTIFICATE OF CORRECTION FINAL MAP/OW: BREZOCZKY Mayor Benjamin stated that this was the time and place duly noted for public 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. Presently the final map indicates that the westerly portion of lot #4 is not a building site. Applicants: Blasius and Kristina Brezoczky. Address: 16060 Cerro Vista Drive. The following people from the audience wished to address this issue: Blasius Brezoczky, 6836 Eldridge Drive, San Jose, spoke in support of his request to change building site on his lot. Timothy Lundell, 1065 Asbury St., San Jose, representative of owner, expressed the need for positive action on map approval. Jerry Ferrari, representing the limited partnership which subdivided this property, expressed the need to uphold the recorded subdivision without changes and not approve the certificate of correction. Mark Fredkin, 99 Almaden Blvd., San Jose, representing the Balabans, expressed the need to uphold the original subdivision map. Robert Rice, lives next to the property in question, and supports Mr. Brezoczky's request for map correction. John Jacobson, with Harrison, Teasley & Assoc., addressed the changes that were made with the engineering of the road and extension of retaining wall onto Lot 4. Jason Balaban, owns the lot above #4, and spoke against the proposed map change. Dennis Burrow, architect for Mr. Brezoczky, explained the need to move the building site for Lot #4. Michelle Balaban, owner of lot above #4, spoke against the approval of the map correction. There was no one else from the audience who wished to speak to this issue. Motion by Mr. Ferrito, seconded by mr. Carlson, to close the public hearing. Carried by a vote of 4 ayes. Mr. Ventura absent. Motion by Mr. Carlson, seconded by Mr. Ferrito, that there are changes in circumstances which make some conditions of such a map no longer appropriate or necessary as follows: 1) The words "Not a building site" on the map are unclear and ambiguous. 2) Testimony given has shown the westerly side of the road is a more appropriate building site. 3) Staff did not intend to eliminate one or the other side of the lot. 4) Construction of the road modified the lot. 5) New spring on lot makes site inappropriate for building. Carried by a vote of 4 ayes. Mr. Ventura absent. Motion by Mr. Carlson, seconded by Mr. Ferrito, that based on the interpretation of the Town Attorney the modifications do not alter any legal right, title, or interest in the real property reflected on the recorded map, and the modifications do not impose any additional burden on the present fee owner of the property as applying to the present owner of the property to which the changes are being made. Carried by a vote of 4 ayes. Mr. Ventura absent. Motion by Mr. Carlson, seconded by Mr. Hamilton, that Council finds that the map as modified conforms to the provisions of Section 66474 of the Subdivision Map Act. Carried by a vote of 4 ayes. Mr. Ventura absent. Motion by Mr. Carlson, seconded by Mr. Ferrito, to approve the Certificate of Correction of the Final Map for tract 7613 and cause the Certificate of Correction to be signed by the Town Engineer. Carried by a vote of 4 ayes. Mr. Ventura absent. A-89-1/ZONING ORDINANCE AMENDMENT/CM ZONE Mayor Benjamin stated that this was the time and place duly noted for public hearing to consider Zoning Ordinance Amendment A-89-1, adding professional and administrative offices as permitted uses in the CM (Controlled Manufacturing) zone. There was no one from the audience who wished to address this issue. Motion by Mr. Ferrito, seconded by Mr. Carlson, to close the public hearing. Carried by a vote of 4 ayes. Mr. Ventura absent. Motion by Mr. Ferrito, seconded by Mr. Carlson, to make the finding that Zoning Ordinance Amendment A-89-1 is consistent with the General Plan. Carried by a vote of 4 ayes. Mr. Ventura absent. Motion by Mr. Ferrito, seconded by Mr. Carlson, to waive the reading and introduce the Draft Ordinance amending the Zoning Ordinance. Carried by a vote of 4 ayes. Mr. Ventura absent. The Deputy Town Clerk read the Title of the Ordinance. Motion by Mr. Ferrito, seconded by Mr. Carlson, to introduce Ordinance entitled ORDINANCE OF THE TOWN OF LOS GATOS CONSIDERING AMENDMENTS TO THE ZONING ORDINANCE CONCERNING THE USES PERMITTED IN THE CM (CONTROLLED MANUFACTURING) ZONE. Carried by a vote of 4 ayes. Mr.Ventura absent. A-89-3/ZONING ORDINANCE AMENDMENT/FINANCIAL INSTITUTIONS Mayor Benjamin stated that this was the time and place duly noted for public hearing to consider Zoning Ordinance Amendment A-89-3, amending categories of financial institutions permitted in various zones with a Conditional Use Permit. There was no one from the audience who wished to address this issue. Motion by Mr. Carlson, seconded by Mr. Hamilton, to close the public hearing. Carried by a vote of 4 ayes. Mr. Ventura absent. Motion by Mr. Carlson, seconded by Mr. Hamilton, to make the finding the Zoning Ordinance Amendment A-89-3 is consistent with the General Plan. Carried by a vote of #4 ayes. Mr. Ventura absent. Motion by Mr. Carlson, seconded by mr. Hamilton, to waive the reading and introduce the Draft Ordinance amending the Zoning Ordinance. Carried by a vote of 4 ayes. Mr. Ventura absent. The Deputy Town Clerk read the Title of the Ordinance. Motion by Mr. Carlson, seconded by Mr. Hamilton, to introduce Ordinance entitled ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONING ORDINANCE CONCERNING THE CATEGORIES OF FINANCIAL INSTITUTIONS PERMITTED IN VARIOUS ZONES WITH A CONDITIONAL USE PERMIT. Carried by a vote of 4 ayes. Mr. Ventura absent. A-89-4/ZONING ORDINANCE AMENDMENT/RESIDENTIAL ZONES Mayor Benjamin stated that this was the time and place duly noted for public hearing to consider Zoning Ordinance Amendment A-89-4, amending and adding various provisions relating to general requirements for residential zones, including required lot frontage on street or right--of-way. There was no one from the audience who wished to address this issue. Motion by Mr. Carlson, seconded by Mr. Hamilton, to close the public hearing. Carried y vote of 4 ayes. Mr. Ventura absent. Motion by Mr. Carlson, seconded by Mr. Hamilton, to make the finding that Zoning Ordinance Amendment A-89-4 is consistent with the General Plan and is clarifying language to prevent confusion. Carried by a vote of 4 ayes. Mr. Ventura absent. Motion by Mr. Carlson, seconded by Mr. Hamilton, to waive the reading and introduce the Draft Ordinance amending the Zoning Ordinance. Carried by a vote of 4 ayes. Mr. Ventura absent. The Deputy Town Clerk read the Title of the Ordinance. Motion by Mr. Carlson, seconded by Mr. Hamilton, to introduce Ordinance entitled ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONING ORDINANCE CONCERNING REQUIREMENTS FOR LOT FRONTAGE. Carried by a vote of 4 ayes. Mr. Ventura absent. MINUTES OF APRIL 17, 1989. Motion by Mr. Ferrito, seconded by Mr. Carlson, to adopt the minutes as previously amended. Carried by a vote of 4 ayes. Mr. Ventura absent. MINUTES OF JUNE 5, 1989 Motion by Mr. Carlson, seconded y Mr. Hamilton, to adopt draft #2 of the minutes as approved. Carried by a vote of 4 ayes. Mr. Ventura absent. 235 SARATOGA AVENUE/THE DINER/AP: JULIUS/RESOLUTION 1989-126 Resolution to be adopted denying appeal of Planning Commission approval of a request to intensify a nonconforming restaurant use by increasing the hours of operation on property in the C-2 zone and modifying conditions of approval. Conditional Use Permit Application U-87-11A. Property: 235 Saratoga Ave. Owner: Linda Ball. Applicant: Anton Julius. Appellant: Madame Yvette. Motion by Mr. Carlson, seconded by Mr. Hamilton, to modify section #8 to eliminate the last section of the sentence regarding Tait Ave. and adding language stating that the additional landscaping shall be subject to the approval of the Planning Director and Director of Parks, Forestry and Maintenance. Carried by a vote of 4 ayes. Mr. Ventura absent. Motion by Mr. Ferrito, seconded by Mr. Hamilton, to delete section #7 regarding chaining the back lot. Carried by a vote of 3 ayes. Mr. Carlson voted no. Mr. Ventura absent. Motion by Mr. Hamilton, seconded by Mayor Benjamin, to adopt as modified resolution 1989-126, entitled RESOLUTION OF THE TOWN OF LOS GATOS DENYING APPEAL OF PLANNING COMMISSION APPROVAL OF REQUEST TO INTENSIFY A NONCONFORMING RESTAURANT USE BY INCREASING THE HOURS OF OPERATION ON PROPERTY LOCATED IN THE C-2 ZONE. Carried by a vote of 4 ayes. Mr. Ventura absent. ROUTE 85/CORRIDOR HOMES Discussion was held by Council and audience as to the desirability of acquiring homes in the Route 85 Corridor. Those from the audience who addreed the issue follow: Richard Derus, 246 Vista Del Monte, prospective owner of Yuki Farm parcel, discussed in length the possibility of purchasing some of the corridor homes to be relocated on the Yuki property. Milt Mintz, 16360 Shannon Rd., addressed this subject, speaking in favor of the development on Lark Ave. where the traffic impact would not be increased since these homes already exit on this artery. Council suggests interested parties work with staff on the issue. STYROFOAM/PROHIBITION IN FOOD ESTABLISHMENTS Mr. Ferrito requested that this item be reagendized for the latter part of the year rather than the Council taking no action. That Council review the updated State legislation and the Town Attorney review other cities' ordinances for consideration of incorporation within Town's own ordinance. MINUTES OF JUNE 12, 1989 Motion by Mr. Hamilton, seconded by Mr. Ferrito, to approve minutes as submitted. Carried by a vote of 4 ayes. Mr. Ventura absent. MINUTES OF JUNE 13, 1989 Motion by Mr. Carlson, seconded by Mayor Benjamin, to approve minutes as submitted subject to staff checking on recorded figures. Carried by a vote of 3 ayes. Mr. Hamilton abstained. Mr. Ventura absent. MINUTES OF JUNE 19, 989 Motion by Mr. Ferrito, seconded by Mr. Hamilton, to approve minutes as submitted. Carried by a vote of 4 ayes. Mr. Ventura absent. TREASURER'S REPORT Treasurer's report was accepted by Council as submitted. CODE ENFORCEMENT/TOWN ATTORNEY Mr. Ferrito questioned Stetcz, 30 Tait Ave. and Tuzar, 167 Villa Ave., and requested that if staff had any consideration on granting a further extension at all, it be based on a stipulated judgement so that the only action required would be to enforce the judgement. WATER CONSERVATION/ORDINANCE 1787 Motion by Mr. Ferrito, seconded by Mr. Hamilton, to reagendize this item to July 17, 1989, inorder to revise or terminate the ordinance. The aim being to remove the Town's decorative fountain from the ordinance. Carried by a vote of 4 ayes. Mr. Ventura absent. Bob Bryant, Director of Parks, will bring information on the fountain and it's costs for operating for July 17th meeting. ADJOURNMENT Motion by Mr. Carlson, seconded by Mr. Hamilton, to adjourn at 10:25 p.m. Carried by a vote of 4 ayes. Mr. Ventura absent. ATTEST; Marian V. Cosgrove Town Clerk