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M 09-18-89TOWN OF LOS GATOS CALIFORNIA TOWN COUNCIL/PARKING AUTHORITY AGENDA SEPTEMBER 18, 1989 MINUTES TOWN COUNCIL The Town Council/Parking authority of the Town of Los Gatos met in the Council Chambers of Town Hall, 100 E. Main St., at 8:15 p.m., Monday, September 18, 1989, in regular session. ROLL CALL PRESENT:Eric D. Carlson, Thomas J. Ferrito, Robert L. Hamilton, Brent N. Ventura and Mayor Joanne Benjamin. ABSENT:None. PLEDGE OF ALLEGIANCE Given by all in attendance. APPOINTMENTS/YOUTH ADVISORY COMMISSION Applications were received from Scott Burns, Lara Blachman, Amy Erekson, Kirsten Fish, Mary Gillespie, Melissa Greanias, Tiffany Hacket, Robin Mullery, Kirk Nordenstrom, Caitlin Schechter, Erik Wolf and Greg Yap. Voting was held and all applicants were appointed to fill the positions. Terms to expire June 30, 1990. Council requested re-opening the application process for this Commission due to the fact that there were no junior high representatives, and there was a need for additional adult representation. Mr. Ventura requested that staff implement the same attendance policy that Youth Commission used last year. CLOSED SESSION Mary Jo Levinger, Town Attorney, reported that Council had met in Closed Session following the prior Council meeting of September 5, 1989, pursuant to Government Code section 54956.9(c) to discuss Institution of Litigation with regard to Route 85. There is no report from that discussion. Council met on September 12, 1989, in Closed Session pursuant to Government Code Section 54956.9(a) to discuss Pending Litigation of Kang Ming Ho vs. Los Gatos Town Council. There is no report from that discussion. Personnel evaluations were also discussed at that time. Council met for Closed Session prior to this evening's meeting pursuant to Government Code Section 54956.9(a) to discuss two matters of Pending Litigation. Oliver Hultin vs. Town of Los Gatos and Kang Ming Ho vs. Los Gatos Town Council. There is no report from those discussions. Pursuant to Government Code Section 54956.9(c), Institution of Litigation re: Happy Acres Road (Elliott). There is no report at this time. Institution of Litigation re: Route 85. Council authorized additional attorney's fees in the amount of $5,000 in that matter. Institution of Litigation re: Forrester Road. There is no report at this time other than the proposed litigation with the Sullivan's has been concluded by settlement. SCHEDULE OF PUBLIC HEARING Council approved informational report regarding currently scheduled public hearings. COMPLETION NOTICE/PHONE SYSTEM/PAC TEL MERIDIAN Motion by Mr. Ventura, seconded by Mr. Hamilton, that Council authorize the Mayor to execute and the Town Clerk to record a Certificate of Acceptance and Notice of competion of the Town's telephone system. Carried unanimously. COMPLETION NOTICE/PROJECT 8805/DOWNTOWN LOT #3/STORM DRAIN REALIGNMENT Motion by Mr. Ventura, seconded by Mr. Hamilton, that Council authorize the Mayor to execute and the Town Clerk to record a Certificate of Acceptance and notice of Completion for Project 8805, Downtown Los Gatos Parking assessment District, Lot #3 and Storm Drain Realignment. Carried by a vote of 3 ayes. Mr. Hamilton and Mr. Ferrito abstained. HANDICAP RAMP/KNOWLES DRIVE/COUNTY COURT HOUSE/WEST VALLEY ALCOHOL UNIT Motion by Mr. Ventura, seconded by Mr. Hamilon, that Council approve an informal bidding process to construct a handicap ramp in the vicinity of the County facilities on Knowles Drive as discribed in staff report. Carried unanimously. CROSSWALK REMOVAL/BELWOOD GATEWAY/BLOSSOM HILL ROAD Motion by Mr. Ventura, seconded by Mr. Hamilton, that the Council approve the removal of the marked crosswalk on Blossom Hill Road at Belwood-Gateway. Carried unanimously. TASTE OF LOS GATOS/TOWN PLAZA/MONTEBELLO WAY Motion by Mr. Ventura, seconded by Mr. Hamilton, that Council approve applicant's request to hold the seventh annual "A Taste of Los Gatos" at the Town Plaza and on Montebello Way on Saturday and Sunday, October 7 and 8, 1989. Carried unanimously. COMMERCIAL SPECIFIC PLAN COMMITTEE/PLANNING COMMISSIONERS APPOINTMENT Motion by Mr. Ventura , seconded by Mr. Hamilton, to appoint Commissioners Michael Abkin and Patrick O'Laughlin to serve on the Community Specific Plan Committee. Carried unanimously. ARTS COMMISSION/RESIGNATION/EMERALD HATHAWAY/RESOLUTION 1989-170 Motion by Mr. Ventura, seconded by Mr. Hamilton, to accept with regrets the resignation of Emerald Hathaway from the Arts Commission and authorize the Town Clerk to advertise a vacancy on the Arts Commission with a closing date of November 1, 1989, and interviews to be held by the Town Council November 6, 1989, and that Council adopt Resolution 1989-170 entitled, RESOLUTION OF THE TOWN OF LOS GATOS COMMENDING EMERALD HATHAWAY OF THE LOS GATOS ARTS COMMISSION. Carried unanimously. GREEN ZONE/308 E. MAIN ST/RESOLUTION 1989-171 Motion by Mr. Ventura, seconded by Mr. Hamilton, that Council adopt resolution 1989-171 entitled, RESCIND GREEN ZONE 308 EAST MAIN STREET, which will rescind Resolution 1971-124 and return parking restrictions to two hours on the south side of East Main Street, from Jackson Street to Alpine Avenue. Carried unanimously. PROJECT 8902/WERNER AND ASSOC/BLOSSOM HILL RETAINING WALL/ RESOLUTION 1989-172 Motion by Mr. Ventura,a seconded by Mr. Hamilton, that Council adopt Resolution 1989-172 entitled, RESOLUTION AUTHORIZING AGREEMENT BETWEEN THE TOWN AND WERNER AND ASSOCIATES FOR PROFESSIONAL SERVICES FOR THE DESIGN OF A RETAINING WALL ON BLOSSOM HILL ROAD AT CAMINO DEL CERRO, and authorizing the Town Manager to sign said agreement. Carried unanimously. BLUEBERRY HILL 138/OW: LA VEQUE/S-89-48/SEQUOIA TREE REMOVAL/ RESOLUTION 1989-173 Motion by Mr. Ventura, seconded by Mr. Hamilton, that Council adopt resolution 1989-173 entitled, RESOLUTION OF THE TOWN OF LOS GATOS GRANTING THE APPEAL OF PLANNING COMMISSION DECISION TO UPHOLD THE DECISION OF THE PLANNING DIRECTOR IN DENYING AN APPLICATION TO REMOVE A PROTECTED SEQUOIA TREE ON PROPERTY IN THE R- 1:10,000 ZONE, which incorporates the Council findings and decision at its meeting of September 5, 1989. Carried by a vote of 4 ayes. Mr. Carlson abstained. FARLEY ROAD 17510/OW: MOORE/AP: MC ELROY/RESIDENTIAL APPEAL/ RESOLUTION 1989-174 Motion by Mr. Ventura, seconded by Mr. Hamilton, that Council adopt Resolution 1989-174 entitled, RESOLUTION OF THE TOWN OF LOS GATOS DENYING APPEAL OF PLANNING COMMISSION DECISION TO DENY REQUEST FOR PERMISSION TO DEMOLISH AN EXISTING OFFICE STRUCTURE AND TO CONSTRUCT A THREE-UNIT RESIDENTIAL CONDOMINIUM DEVELOPMENT ON PROPERTY IN THE "O" (OFFICE) ZONE, which incorporates the Council findings and decision at its meeting of September 5, 1989. Carried unanimously. BLOSSOM HILL 300/ROBERTS ROAD WEST VACATION/RESOLUTION 1989-175 Motion by Mr. Ventura, seconded by Mr. Hamilton, that Council adopt Resolution 1989-175 entitled, A RESOLUTION OF INTENTION TO VACATE A PORTION OF PUBLIC RIGHT-OF-WAY LOCATED AT ROBERTS ROAD (WEST) ADJACENT TO 300 BLOSSOM HILL ROAD, FOR SUBDIVISIONS IMPROVEMENT PURPOSES and set a public hearing for October 16, 1989. Carried unanimously. VERBAL COMMUNICATIONS/MARDI BENNETT/JOHN STEINBECK HOUSE Mardi Bennett, 38 Alpine, requested Town Council adopt a resolution recommending approval of nomination to the National Register of Historic Places of the John Steinbeck House on Greenwood Lane and to place this item on the October 2, 1989 agenda. HEARING 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. Ms. Levinger, Town Attorney, noted that this was a closed hearing accepted for the limited purpose of hearing testimony on schedule of fees. Mr. Carlson requested that fees not be discussed until issues of operation were first decided. Lorraine West, 18 Oak Hill Way, presented her concerns to the Council as follows: 1.Driver training 2.Vet Check list 3.More central loading zones 4.Additional lighting 5.Broader field of operation 6.Use of log books 7.Sanitation issue discussed 8.Additional breaking mechanism 9.Additional required equipment 10.Operational area for weddings 11.Permit response time of 48 hours 12.Application forms for individual permits 13.Reflective materials on horse 14.Annual physical exam of horse 15.Air temperature range 16.Work hours for horse 17.Signs for operation 18.Preferred hours of operation Bill Burke, Humane Society of Santa Clara Valley, spoke against this enterprise for safety and humane reasons. Could not address the Ordinance because he had only just received his copy, but commented on the following items: 1.Horse work day 5 hours 2.5 day work week 3.32 to 85 degree air temperature range 4.Humane Society will address all requests for use of horse drawn vehicles as they arise in relation to special occasions. Chief Todd defined the term "Special Event" as an event that is open to the Community in general. Mr. Ferrito asked for a more specific delineation of this term. Ms. Levinger, Town Attorney, suggested the definition be incorporated in Article VI, Section 29-49 of the Ordinance. Motion by Mr. Carlson, seconded by Mayor Benjamin, for Council consensus of conceptual approval of Alternative "A" and asking the Town Attorney, Police Chief, the Town Manager and whoever else on the Town Staff that would like to be involved, to submit a definition of "Town Wide Special Event", the key elements being, 1) of limited duration, 2) open to the general public as opposed to restricted to an invited few, and incorporating suggestions from Ms. West or any one else that staff may feel apply to this alternative with the aim being that Council will not have to define "Special Event" for each application. Mr. Carlson amended his motion to include the Model Ordinance Safety Provisions with modifications added by Mr. Ventura as follows: Model Ordinance Sections 11, 12, 13 be included; no operation during peak traffic hours as defined by the Town traffic engineer; that brake system be included on the coach; reflective taping used to protect the horse; two gallon water jug carried to dilute urine waste; flash- light, lead rope and fire extinguisher be included on the carriages. Carried by a vote of 3 ayes. Mr. Ferrito voted no. Mr. Hamilton voted no because he only wishes to support Ordinance B. Motion by Mayor Benjamin, seconded by Mr. Hamilton, for Council consensus of conceptual approval of Alternative "B" with the inclusion of all safety concerns delineated in the Alternative above, and the exclusion of the roads above Glenridge as a preferential route and the addition of Broadway to the carriage route. Carried by a vote of 3 ayes. Mr. Ferrito and Mr. Carlson voted no. Mr. Carlson stated for the record that he had great concern for the safety of the animals as evidenced by the material presented by the Humane Society and that the concerns of the residential community had not been fully heard or dealt with at this time. Alternatives "A" and "B" to return to Council October 2, 1989. COUNCIL RECESS Mayor Benjamin declared a short recess at 9:40 p.m. The meeting was called back to order at 9:40 p.m. The meeting was called back to order at 9:50 p.m. GREENRIDGE TERRACE 16070/SANTA CLARA COUNTY HEALTH/FAILING SEPTIC/OW: FISH/HEARING Mayor Benjamin stated that this was the time and place duly noted for public hearing to consider Duane and Susan Fish appeal of Santa Clara County Health Officer decision. The following people from the audience spoke in regard to this issue: David Oster, 1451 Creekside Drive, Walnut Creek, asked for continued Council support of the Fishes' appeal in order that they may obtain a study of the neighbor's property in order to determine the origin of the existing groundwater which they claim is killing their trees. Mr. Ferrito asked that the Fishes' consider submitting a report to staff from an expert of their choice, with qualifications listed. Staff would evaluate this testing protocol and send it and a staff review to Mr. Esquibel. Motion by Mr. Ferrito, seconded by Mr. Ventura, that the Council continue the hearing for 30 days to October 16, 1989 to allow the Fishs' to proceed at their own expense with the groundwater investigation of the site as described in the letter dated September 9, 1989 from Lee Esquibel, County Director of Environmental Health to the Town. Carried by a vote of 4 ayes. Mr. Carlson abstained due to not hearing the tapes. MARIA'S BERRY FARM/MAIN HOUSE AND WATER TOWER/NEW YORK AVE SITE Motion by Mr. Ventura, seconded by Mr. Hamilton, that Council approve the recommended action as follows: 1.Establish New York Avenue as the relocation site for Maria's Berry Farm by minute action. 2.Waive all Town zoning application fees (i.e. Architecture and Site Approval, Conditional Use Permit, etc.) that will be required to relocate the structures to the New York Avenue site and established the use as a teen center. 3.Designate the relocation of the structures as a "high priority" in order to minimize the processing time required for consideration of the various applications. 4.Direct staff to initiate proceedings to abandon that portion of New York Avenue necessary to relocate Maria's Berry Farm with the required notices and publication of the public hearing process. 5.Authorize the expenditure of $1,500 to cover the reconveyance fee for the water company property. 6.Authorize staff to complete lease agreements with San Jose Water Company, Los Gatos Youth Park and A Place For Teens. Once completed, they will be presented to the Council for approval. Carried unanimously. TOWN CLERK/HALF-TIME STAFF/PERFORMANCE INDICATORS Motion by Mr. Carlson, seconded by Mayor Benjamin, that Council review the attached Performance Indicators, which were requested during the 1989-1990 Budget Hearings, and direct the Manager to transfer funds from the General Fund to the Clerk's budget for the permanent half time position necessary. Mr. Carlson commented on the performance indicators which specify time for initiation and the benefits to the public in increased service due to the time that will be saved in accessing information. Carried by a vote of 4 ayes. Mr. Ferrito voted no and stated for the record that "while I think that the work that is outlined is needed that it can be done with the existing staff in the Clerk's Office based upon what I have see over the last 12 years." MINUTES OF AUGUST 7, 1989 Motion by Mr. Ferrito, seconded by Mr. Ventura,a to accept the Minutes of August 7, 1989 as submitted. Carried by a vote of 3 ayes. Mr. Carlson and Mayor Benjamin abstained. MINUTES OF AUGUST 21, 1989 Mr. Ferrito requested page 5, Kimble Ave., to reflect the reason for his no vote which was that the architect was a client of his and he did not feel that it was appropriate for him to vote on the issue. Mr. Ferrito requested page 9, Main Street, third paragraph, reflect another important point which was that the policy regarding liquor licenses in the downtown area was based upon the expectation that there would be attrition of downtown liquor establishments which would then allow us to issue additional liquor licenses to new applicants. Mr. Ferrito requested page 11, minutes of July 17, 1989, and pointed out that the word "changed" should be "corrected" in referring to corrections made within the minutes. Mr. Ventura requested page 12, minutes of August 12, 1989, that the last line be corrected to read "not support a sewer line bigger that six inches." He also desired the Council's support on this statement as having been addressed at a previous meeting. Mayor Benjamin requested correction of page 10, Jo Drive, to read as a motion to reconsider. Motion by Mr. Carlson, seconded by Mr. Ventura, to approve the minutes of August 21, 1989 as corrected. Carried unanimously. MINUTES OF SEPTEMBER 5, 1989 Mayor Benjamin requested correction on page 5 of the person who spoke under Verbal Communications, Pat Rothchild, 21536 Old Mine Road. Mr. Ferrito requested correction on page 9, Minutes of August 7, that the Becton- Dickinson site be deleted and corrected to the Lark-Winchester site as an inappropriate location for hazardous materials. Mr. Ferrito requested page 10, Benches, to reflect the third point which was as follows: That the Committee consider whether by allowing benches we are in effect expanding the seating capacity for restaurants which could be an intensification os use. Motion by Mr. Ventura, seconded by Mr. Hamilton, to approve the minutes of September 5, 1989 as corrected. Carried by a vote of 4 ayes. Mr. Carlson abstained. CODE ENFORCEMENT/REFERRALS TO TOWN ATTORNEY Motion by Mr. Ventura, seconded by Mr. Carlson, to have staff set revocation hearing for the Diner on October 8, 1989, before the Planning Commission. Carried unanimously. COMMERCIAL SPECIFIC PLAN COMMITTEE/COUNCILMEMBERS APPOINTMENT Mayor Benjamin stated that both Mr. Carlson and Mr. Ventura expressed an interest in sitting on the Commercial Specific Plan Committee and that this decision can wait until october 2, 1989, when interviews are held and appointments made to the committee at which time Mr. Carlson and Mr. Ventura will decide among themselves which one will serve as Councilmember on the committee. COUNTY REFERRALS Motion by Mr. Ferrito, seconded by Mr. Ventura, to move the recommended action on the following: 1. Aztec Ridge, 16450 & 16440, Modir, Design Review, Approval 2. Escobar Ave, 16140, Roberts, Variance, Denial 3. Tourney Road, S. End, DePalam, Design Review, Denial 4. Hicks Rd., Fee, Design Review, No Action Required 5. Diduca Way, Tavakolinori, Design Review, No Action Required Mr. Ferrito had several comments to make on this item. He mentioned that the Recommendation column was vague and did not correspond with the staff report. That it might be possible for Susie Wilson to argue that reading the cover page of the County Referrals could prove to be quite confusing. His request was that staff consider alternative ways of addressing the recommendation column on the cover page. Carried unanimously. RATIFICATION OF PAYROLL/SEPTEMBER 8, 1989 Motion by Mr. Hamilton, seconded by Mr. Carlson, to continue this item to October 2, 1989. Carried unanimously. RATIFICATION OF ACCOUNTS PAYABLE/SEPTEMBER 1989 Motion by Mr. Hamilton, seconded by Mr. Carlson, to continue this item to October 2, 1989. Carried unanimously. HANDICAP RAMP/METHODIST CHURCH Motion by Mr. Ventura, seconded by Mr. Ferrito, that Council deny the request of the Methodist Church to obtain a handicap ramp area in front of their main walkway entrance on Church Street and to write a letter to the Church from staff advising them of the hazards of mid-block crossings and the liability question which causes the Town to decline their proposal. Town should also suggest that patrons use the handicapped access in the parking lot. Carried by a vote of 3 ayes. Mr. Carlson and Mr. Hamilton voted no. 15291 SHANNON ROAD/OW: TZANAVARAS/S-89-6/RESIDENTIAL Motion by Mr. Ventura, seconded by Mayor Benjamin, to bring back on October 2, 1989 to amend by putting in the Deed restriction preventing future subdivision, and change the wording in "elimination of stucco as a primary material. Carried by a vote of 3 ayes. Mr. Hamilton voted no. Mr. Carlson abstained. ADJOURNMENT Motion by Mr. Carlson, seconded by Mr. Hamilton, for adjournment at 10:50 p.m. to Closed Session (Personnel Matters) at 7:30 p.m. on September 19, 1989. ATTEST: Marian V. Cosgrove Town Clerk