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M 08-07-89TOWN OF LOS GATOS CALIFORNIA TOWN COUNCIL/PARKING AUTHORITY AGENDA AUGUST 7, 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 7:45 p.m., Monday, August 7, 1989, in regular session. ROLL CALL PRESENT:Robert L. Hamilton, Brent n. Ventura and Vice-Mayor Thomas J. Ferrito. ABSENT:Eric D. Carlson and Mayor Joanne Benjamin PLEDGE OF ALLEGIANCE Given by all in attendance. CLOSED SESSION Mary Jo Levinger, Town Attorney, reported that Council had met in Closed Session following the prior Council meeting of July 17, 1989, pursuant to Government Code Section 54956.9(c) to discuss Institution of Litigation regarding Villa Vasona and also the Hackett matter. There is no report from those discussions. Council met for Closed Session prior to this evening's meeting, pursuant to Government Code Section 54956.9(a), to discuss the lawsuit of Kang Ming Ho v. Town of Los Gatos. There is no report from that discussion. Council will meet after tonight's meeting to discuss the following items on this evening's agenda under Government Code Sections 54956.9(a) & (c): Meyer v. Pang; Worker's Compensation Matter of Jerry Meyer; Town v. Lake/Faltersack (and other secondary dwelling units); Institution of Litigation re: Fee Property; Institution of Litigation re: Library Site Acquisition. TRAFFIC POLICY TOWN-WIDE Motion by consensus of Council that this issue be continued to September 5, 1989 Council meeting to ensure that the entire Council will be ale to participate in the discussion of this important issue. COMMISSION APPOINTMENTS POLICY Motion by Consensus of Council that this issue be continued to September 5, 1989 to ensure the entire Council's participation. SCHEDULE OF PUBLIC HEARINGS Council approved report regarding upcoming scheduled public hearings. COUNTY REFERRALS Council approved report regarding projects Outside Urban Service Area 4096-28- 42-89LM request for lot merger for property located at 17760 Navajo Trail. Applicant: Evans. Town registers no comment on this matter since there will be no impact on the Town if the project is approved. CODE COMPLIANCE/QUARTERLY REPORT Council approved report regarding code violations acted upon for the fourth quarter, 4-1-89 through 6-30-89. PLANNING COMMISSION/PLANNING DEPARTMENT/MONTHLY STATUS REPORT Informational report accepted by Council on Planning Commission's monthly activities. COUNCIL CALENDAR OF MEETINGS Informational review of Council meetings for months of August and September, 1989. PAYROLL RATIFICATION/JUNE 14 AND JUNE 28, 1989 Motion by Mr. Hamilton, seconded by Mr. Ventura, for ratification of payroll in the amount of $196,214.79 and accompanying check registers for the payroll of June 25-July 8, 1989 paid on July 14, 1989, and including payroll in the amount of $197,609.85 and accompanying check registers for payroll of July 9-July 22, 1989 paid on July 28, 1989, this also includes uniform allowance of $22,224.04 paid July 21, 1989 and those payroll related checks in the amount of $442,885.65 paid July 14, 1989. Carried by a vote of 3 ayes. Mr. Carlson and Mayor Benjamin absent. ACCOUNTS PAYABLE/RATIFICATION OF/JULY 10, 1989 Motion by Mr. Hamilton, seconded by Mr. Ventura, for ratification of the check register in the amount of $64,134.34 for accounts payable invoices paid on July 10, 1989. Carried by a vote of 3 ayes. Mr. Carlson and Mayor Benjamin absent. FORRESTER ROAD 206/REVOCABLE ENCROACHMENT/FENCE PERMIT/RESOLUTION 1989-133 Motion by Mr. Hamilton, seconded by Mr. Ventura, that Council adopt Resolution 1989-133, entitled RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING TOWN ENGINEER TO ISSUE A REVOCABLE ENCROACHMENT PERMIT FOR AN EXISTING FENCE ON THE PUBLIC RIGHT-OF-WAY ALONG FORRESTER ROAD which issues permit to Doug and Diana Chan for an existing fence along the frontage of 206 Forrester Road. Carried by a vote of 3 ayes. Mr. Carlson and Mayor Benjamin absent. LARK AVE 16650/101 & 105 GARDEN HILL DRIVE/NOTICE OF COMPLETION Motion by Mr. Hamilton, seconded by Mr. Ventura, 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 16650 Lark avenue. Carried by a vote of 3 ayes. Mr. Carlson and Mayor Benjamin absent. RACKETEERING ALLEGATIONS/SANTA CLARA COUNTY TRANSIT DISTRICT/REPORT Council approved report from Town Attorney recommending Council not take action on this matter at this time. Racketeering. The Town of Los Gatos has no jurisdiction over this matter. As such, Mr. O'Shea, complainant, should pursue this matter through other appropriate channels. DEER CONTROL/OAK HILL WAY 15/MEYER Council accepted informational report on deer problem in residential neighborhoods. Mr. Bill Meyer spoke on the issue during verbal communications, asking that Council take a more active part in the eradication of this problem. Council asked that a request be forwarded to Fish and Game to reconsider the problem. CLAIM REJECTION/ESCOVER Motion by Mr. Hamilton, seconded by Mr. Ventura, that Council reject the claim of Timothy Escover filed with the Town Clerk on July 13, 1989. Carried by a vote of 3 ayes. Mr. Carlson and Mayor Benjamin absent. CURBSIDE RECYCLING/GREEN VALLEY DISPOSAL/OCTOBER 16, 1989/PUBLIC HEARING Motion by Mr. Hamilton, seconded by Mr. Ventura, that Council direct staff to negotiate a contract with Green Valley Disposal Company for provision of curbside recycling services, and direct Town Clerk to schedule a Public Hearing for October 16, 1989 to consider award of contract for curbside recycling and consideration of amendment to garbage collection rates. Carried by a vote of 3 ayes. Mr. Carlson and Mayor Benjamin absent. GREEN VALLEY/UNLIMITED SERVICE/OCTOBER 16, 1989/PUBLIC HEARING Motion by Mr. Hamilton, seconded by Mr. Ventura, that Council consider the request for unlimited service by directing Town Clerk to schedule a Public Hearing on October 16, 1989 to consider unlimited service and curbside recycling as amendments to Green Valley disposal Rates. Carried by a vote of 3 ayes. Mr. Carlson and Mayor Benjamin absent. NEIGHBORHOOD CENTER/POLICIES & PROCEDURES/RESOLUTION 1989- 134 Motion by Mr. Hamilton, seconded by Mr. Ventura, that Council adopt the Resolution 1989-134, entitled RESOLUTION OF THE TOWN OF LOS GATOS ADOPTING POLICIES AND PROCEDURES FOR THE LOS GATOS DOWNTOWN NEIGHBORHOOD CENTER. Carried by a vote of 3 ayes. Mr. Carlson and Mayor Benjamin absent. SERVICE COMMENDATION/ELIZABETH HERLINGER/RESOLUTION 1989- 135 Motion by Mr. Hamilton, seconded by Mr. Ventura, that Council adopt Resolution 1989-135, entitled A RESOLUTION COMMENDING ELIZABETH HERLINGER FOR FOURTEEN YEARS OF VOLUNTEER SERVICE AT THE LOS GATOS MEMORIAL LIBRARY. Carried by a vote of 3 ayes. Mr. Carlson and Mayor Benjamin absent. SERVICE COMMENDATION/JOHN SMART/RESOLUTION 1989-136 Motion by Mr. Hamilton, seconded by Mr. Ventura, that Council adopt Resolution 1989-136, entitled A RESOLUTION COMMENDING JOHN SMART FOR TWENTY-NINE YEARS OF SERVICE TO THE LOS GATOS MEMORIAL LIBRARY. Carried by a vote of 3 ayes. Mr. Carlson and Mayor Benjamin absent. CABLE TELEVISION/FRANCHISE/HEARST CABLEVISION-BRENMORE CABLE/RESOLUTION 1989-137 Motion by Mr. Hamilton, seconded by Mr. Ventura, that Council adopt Resolution 1989-137, entitled RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING TOWN MANAGER TO SIGN A CONTRACT WITH HAMMETT & EDISON TO CONDUCT A TECHNICAL AUDIT OF THE TOWN'S CABLE TELEVISION CONTRACT FOR CONSIDERATION OF A TRANSFER OF THE CABLE FRANCHISE FROM HEARST CABLE TELEVISION TO BRENMORE, INCORPORATED. Carried by a vote of 3 ayes. Mr. Carlson and Mayor Benjamin absent. KIMBLE AVE 49/OW: ALLEN/DENY APPEAL OF PC APPROVAL/RESOLUTION ADOPTION Motion by Mr. Hamilton, seconded by Mr. Ventura, that this item be continued to August 21, 1989. Carried by a vote of 3 ayes. Mr. Carlson and Mayor Benjamin absent. CAMINO DEL CERRO 16045/F.J. CONSTRUCTION/RESOLUTION 1989-138 Motion by Mr. Hamilton, seconded by Mr. Ventura, that council adopt Resolution 1989-138, entitled RESOLUTION OF THE TOWN OF LOS GATOS DENYING APPEAL OF PLANNING COMMISSION APPROVAL OF PLANS FOR THE CONSTRUCTION OF A SINGLE-FAMILY RESIDENCE IN THE R-1:30,000 ZONE, incorporating the findings and decision of the Town Council at its meeting of July 17, 1989. Carried by a vote of 2 ayes. Mr. Ventura abstained. Mr. Carlson and Mayor Benjamin absent. UNIVERSITY AVE 809/PARKING PROHIBITION/RESOLUTION 1989-139 Motion by Mr. Hamilton, seconded by Mr. Ventura, that Council adopt Resolution 1989-139, entitled PARKING PROHIBITION 809 UNIVERSITY AVENUE improving access to parcel drop boxes fronting address. Carried by a vote of 3 ayes. Mr. Carlson and Mayor Benjamin absent. BLACKBERRY HILL ROAD/REVOCABLE ENCROACHMENT/RETAINING WALL/RESOLUTION 1989-140 Motion by Mr. Hamilton, seconded by Mr. Ventura, that Council adopt Resolution 1989-140, entitled RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING TOWN ENGINEER TO ISSUE A REVOCABLE ENCROACHMENT PERMIT TO MAINTAIN A CONCRETE BLOCK RETAINING WALL WITHIN THE EMERGENCY ACCESS EASEMENT AT 16350 BLACKBERRY HILL ROAD permitting Anthony and Joy Barraco use of a portion of the Emergency Access Easement south of Blackberry Hill Road. Carried by a vote of 3 ayes. Mr. Carlson and Mayor Benjamin absent. VERBAL COMMUNICATIONS Waclaw Bilkieicz of 170 Lester Lane, presented concerns regarding lack of sidewalk at Lark Avenue and Garden Hill Drive (southside). Council requested staff to review this issue. PUBLIC HEARINGS JO DRIVE 222/S-89-32/OW: MENDELSON/AP: WOODLIEF/SECONDARY UNIT/HEARING Vice-Mayor Ferrito stated that this was the time and place duly noted for public hearing to consider 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 located at 222 Jo Drive. Owner: Emilia Mendelson. Appellant: Marvin & Faith Woodlief, et al. The following people from the audience wished to speak to this issue: Emelia Mendelson, 308 Green Valley Rd., Scotts Valley, owner of 222 Jo. Drive, stated that she lived in Colorado in 1987 and was unaware of the noticing regarding secondary units that went out at that time. Allan Mormann, 218 Jo Drive, request abandonment of secondary unit. Randy Carter, 243 Jo Drive, requested that the secondary unit be abated if the home is sold but remain for that present owner's use. Nancy Mormann, 218 Jo Drive, asked that the kitchen be removed from the unit. Jacqui Adams, 231 Jo Drive, mentioned that Mrs. Mendelson had purchased the property with the secondary unit already in place. W. Bilkiewicz, 170 Lester Lane, wishes to maintain single family homes. Janice Carter, 243 Jo Drive, would like secondary unit removed from single family residential neighborhood. Marvin Woodlief, 214 Jo Drive, spoke against secondary units in neighborhood. No one else from the audience wished to speak to this issue. Motion by Mr. Hamilton, seconded by Mr. Ventura, to close the public hearing. Carried by a vote of 3 ayes. Mr. Carlson and Mayor Benjamin absent. Motion by Mr. Ventura, seconded by Vice-Mayor Ferrito, that the Planning Commission erred, the decision should e reversed and the unit abated. Carried by a vote of 2 ayes. Mr. Hamilton voted no. Mr. Carlson and Mayor Benjamin absent. Request for rehearing by Mr. Hamilton will be made at the next regular Council meeting August 21, 1989, at which time this item will be before Council in the form of a resolution and Mr. Hamilton can request its reconsideration. RECESS Vice-Mayor Ferrito declared a recess at 8:58 p.m. and reconvened the meeting at 9:03 p.m. LOS GATOS-ALMADEN ROAD 16055/APPEAL PC DENIAL/OW: GOODWIN/HEARING Vice-Mayor Ferrito stated that this was the time and place duly noted for public hearing to consider appeal of the Planning Commission's denial of request for a change in zone from R-1:8 (Prezoned) to R-1:8-PD in order to construct a five- unit residential development on 1.094 acres. Property: 16055 Los Gatos- Almaden Road. Owner: David R. Goodwin. The following people from the audience wished to speak to this issue: Kim Hilden, representing the project and Mr. Goodwin, requested that this project be sent back to the DRC for further review and consideration. Jim Eckland, 114 Loma Vista, supports the request for returning to DRC. Paul Katz, 104 Loma Vista Crt., opposed the zoning change and poor design plan and wishes residential density to remain as it is at this time. Mr. Katz spoke for Richard and Saundra Lambie, 108 Loma Vista Crt, and their desire to see less density. No one else from the audience wished to address this issue. Motion by Mr. Hamilton, seconded by Mr. Ventura, to close the public hearing. Carried by a vote of 3 ayes. Mr. Carlson and Mayor Benjamin absent. Motion by Mr. Hamilton, seconded by Mr. Ventura, to return this item to DRC with waived fees since the Planning Commission suggested that this return be made. Carried by a vote of 2 ayes. Mr. Ferrito voted no. Mr. Carlson and Mayor Benjamin absent. BLOSSON HILL ROAD 300/VASONA HILLS/ZONE CHANGE/OW: SAN JOSE WATER/HEARING Vice-Mayor Ferrito stated that this was the time and place duly noted for public hearing to consider a request for a change in zone of an approximately 6,100 square-foot parcel from r-m:5-20 to RE-1:8000-PD. This parcel is part of the planned development for the Vasona Hills residential project. This matter is being reheard to permit the correction of an omission to the zone change vicinity map previously approved by the Town. Property: 300 Blossom Hill Road. Owner: San Jose Water Company. The following from the audience addressed this issue: Larry Klose, Attorney for Ainsley, supported the zone change for the project. No one else from the audience wished to address this issue. Motion by Mr. Ventura, seconded by Mr. Hamilton, to close the public hearing. Carried by a vote of 3 ayes. Mr. Carlson and Mayor Benjamin absent. Motion by Mr. Ventura, seconded by Mr. Hamilton, making the finding that Zone Change Z-86-6A is consistent with the General Plan. Carried by a vote of 3 ayes. Mr. Carlson and Mayor Benjamin absent. Motion by Mr. Ventura, seconded by Mr. Hamilton, to waive the reading and introduce the Draft Ordinance amending Ordinance No. 1779 for 300 Blossom Hill The Town Clerk read the Title of the Ordinance. Motion by Mr. Ventura, seconded by Mr. Hamilton, to introduce Ordinance entitled ORDINANCE OF THE TOWN OF LOS GATOS AMENDING ORDINANCE NO. 1779 WHICH AMENDED THE ZONING ORDINANCE AFFECTING ZONE CHANGE NO. 81 FROM O, R-1:8000 AND RM 5-20 TO 5- 1:8000 PD. Carried by a vote of 3 ayes. Mr. Carlson and Mayor Benjamin absent. ORDINANCE AMENDMENT A-89-2/ACCESSORY BUILDING REQUIREMENTS/HEARING Vice-Mayor Ferrito stated that this was the time and place duly noted for public hearing to consider Zoning Ordinance Amendment A-89-2 to modify various provisions to the requirements for accessory buildings, including area of lot coverage, height, maximum floor area and number of stories. No one from the audience wished to address this issue. Motion by Mr. Ventura, seconded by Mr. Hamilton, to close the public hearing. Carried by a vote of 3 ayes. Mr. Carlson and Mayor Benjamin absent. Motion by Mr. Ventura, seconded by Mr. Hamilton, to reopen the public hearing and continue it to August 21, 1989. Carried by a vote of 3 ayes. Mr. Carlson and Mayor Benjamin absent. WEED ABATEMENT/TAX ROLL ASSESSMENT CHARGES/RESOLUTION 1989-141 Vice-Mayor Ferrito stated that this was the time and place duly noted for public hearing to consider and confirm report and assessment on abatement of weeds within Los Gatos. Adoption of resolution adopting report describing parcels of real property, and showing amount of weed abatement charges to be collected on the Tax Roll of the Town of Los Gatos in the County of Santa Clara, for the fiscal year 1989-90. Vice-Mayor Ferrito asked that a letter be drafted by staff to address individuals concerns regarding the abatement process. The Vice-Mayor also noted that there were corrections to be noted on the assessment list when included in the resolution. Town Manager Swartfarger stated that these corrections would be made with the adoption of the resolution. There was no one from the audience who wished to address this issue. Motion by Mr. Ventura, seconded by Mr. Hamilton, to close the public hearing. Carried by a vote of 3 ayes. Mr. Carlson and Mayor Benjamin absent. Motion by Mr. Ventura, seconded by Mr. Hamilton, to adopt Resolution 1989-141, entitled A RESOLUTION ADOPTING REPORT DESCRIBING PARCELS OF REAL PROPERTY, AND SHOWING AMOUNT OF WEED ABATEMENT ASSESSMENTS TO BE COLLECTED ON THE TAX ROLL OF THE TOWN OF LOS GATOS IN THE COUNTY OF SANTA CLARA, FOR THE FISCAL YEAR 1989-90 and including the changes noted in the desk item and by the Town Manager. Carried by a vote of 3 ayes. Mr. Carlson and Mayor Benjamin absent. MINUTES OF JULY 17, 1989 Motion by Mr. Hamilton, seconded by Mr. Ventura, to continue this item to August 21, 1989. Carried by a vote of 3 ayes. Mr. Carlson and Mayor Benjamin absent. HAZARDOUS WASTE/COUNTY MANAGEMENT/FINAL EIR/RESOLUTION 1989-142 Motion by Mr. Ventura, seconded by mr. Hamilton, that Council adopt Resolution 1989-142, entitled A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS CONCERNING THE SANTA CLARA COUNTY HAZARDOUS WASTE MANAGEMENT PLAN, which rejects the Lark-Winchester area as a potential site for hazardous materials. Mr. Ferrito stated that he did not wish to approve the EIR, he thought the issue too important to not comment upon, and would like more acknowledgment from the County showing recognition of the Town's position that potential Los Gatos sites do not meet the approved criteria. Carried by a vote of 3 ayes. Mr. Carlson and Mayor Benjamin absent. LAKE CANYON ANNEXATION Motion by Mr. Ventura, seconded by Mr. Hamilton, that Council direct staff to prepare amendments to the Hillside Specific Plan that would establish land use policy in the Lake Canyon Area. Council should also request that the Board of Supervisors direct County staff to work with Town staff to develop these amendments to the Hillside Specific Plan. Mr. Ferrito stressed caution in this area of County development and Town expectations and addressed the following issues: 1) Have staff proceed with exploration of the problem but be aware of County's lack of consideration to Town's concerns. 2) Be aware that the Town may proceed with litigation to force the County to comply with the Hillside Plan which County approved several years ago. 3) The Board of Supervisors now has those who claim to be environmentally sensitive but yet do not heed Town's objections. What will happen if the Board changes to those not as sensitive to the Town's concerns? 4) The County's recent decision for the Fee property and lack of concern to the Town's suggestions regarding hillside development is not promising. Mr. Ventura also commented that he would not support a line bigger than six inches. Carried by a vote of 3 ayes. Mr. Carlson and Mayor Benjamin absent. ADJOURNMENT Vice-Mayor Ferrito adjourned the meeting at 10:10 p.m. to closed session as announced by Town Attorney Levinger at the opening of this evening's meeting. This meeting will also be followed by a Workshop on Route 85/17 Interchange, to be held Monday, August 14, 1989, at 7:30 p.m. The next regularly scheduled meeting is August 21, 1989 at 7:30 p.m. in the Council Chambers. ATTEST: Marian V. Cosgrove Town Clerk