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M 12-18-89TOWN OF LOS GATOS CALIFORNIA TOWN COUNCIL/PARKING AUTHORITY December 18, 1989 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 7:35 p.m., Monday, December 18, 1989, in regular session. ROLL CALL Present:Joanne Benjamin, Eric D. Carlson, Robert L. Hamilton Brent N. Ventura, Mayor Thomas J. Ferrito. Absent:None. PLEDGE OF ALLEGIANCE Given by all in attendance. PARKING COMMISSION/APPOINTMENT/FRANK HOWELL Applications were received from Frank Howell, and Elroy McDonald Smith for the one opening on the commission due to the expiring term of Mr. Howell. Voting was held and Frank Howell was reappointed to the commission. Term to expire 1/1/94. COMMUNITY SERVICES/APPOINTMENT/CYNTHIA GOODMAN Application was received from Cynthia Goodman for one of the three openings on the commission due to expiring terms of office. Voting was held and Mrs. Goodman was appointed to the commission. Term to expire 1/1/93. The Clerk to re-advertise the other two openings. CLOSED SESSION Mary Jo Levinger, Town Attorney, reported that prior to this evening's meeting Council had met in Closed Session pursuant to Government Code Section 54956.9(a) to discuss Pending Litigation regarding Ho v. Los Gatos Town Council. There is no report from that discussion. Pursuant to Government Code Section 54956.9(c) Council met to discuss Institution of Litigation regarding Library Acquisition. There is no report at this time. The other item under the above subsection listed on tonight's agenda should have been listed under Government Code Section 54956.9(b) regarding Claim concerning Redevelopment. This item was not discussed but it will be discussed in Closed Session at the conclusion of this evening's meeting. SCHEDULE OF PUBLIC HEARINGS TC:D1:MM121889 Informational report regarding currently scheduled public hearings was received and filed. COUNCIL CALENDAR OF MEETINGS Informational report regarding calendar of upcoming Town meetings was received and filed. PAYROLL/RATIFICATION/DECEMBER 1 & 8, 1989 Motion by Mr. Carlson, seconded by Mr. Hamilton, for ratification of payroll in the amount of $200,977.95 paid on December 1, 1989 and vacation cash outs of $49,878.14 paid on December 8, 1989. Carried unanimously. ACCOUNTS PAYABLE/RATIFICATION/NOVEMBER AND DECEMBER 1989 Motion by Mr. Carlson, seconded by Mr. Hamilton, for ratification of accounts payable invoices and accompanying check register for accounts payable invoices in the amount of $261,172.97 and paid in the months of November and December 1989. Carried unanimously. PROJECT 8706/ALPINE STORM DRAIN/COMPLETION Motion by Mr. Carlson, 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 8706, Alpine Storm Drainage. Carried unanimously. FORRESTER ROAD 218/REVOCABLE ENCROACHMENT/NAYMARK/RESOLUTION 1989- 239 Motion by Mr. Carlson, seconded by Mr. Hamilton, that Council adopt Resolution 1989- 239 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING TOWN ENGINEER TO ISSUE A REVOCABLE ENCROACHMENT PERMIT FOR AN EXISTING FENCE IN THE PUBLIC RIGHT-OF-WAY ALONG 218 FORRESTER ROAD. Carried unanimously. BUDGET/QUARTERLY REPORT/FIRST QUARTER 1989-90 Motion by Mr. Carlson, seconded by Mr. Hamilton, to continue the item to January 2, 1990. Carried unanimously. AMICUS BRIEF/AIU V. SUPERIOR COURT/1989 Motion by Mr. Carlson, seconded by Mr. Hamilton, to authorize the Town to participate in the above referenced amicus brief at no cost to the Town. Carried unanimously. LOCAL EMERGENCY/EXTENDING EXISTENCE/RESOLUTION 1989-240 Motion by Mr. Carlson, seconded by Mr. Hamilton, that Council adopt Resolution 1989- 240 entitled, RESOLUTION OF THE TOWN OF LOS GATOS EXTENDING THE EXISTENCE OF A LOCAL EMERGENCY, which continues to extend the local emergency from October 17, 1989. Carried unanimously. TC:D1:MM121889 HOUSING ELEMENT/HOUSING & COMMUNITY DEVELOPMENT/EXTENSION DEADLINE Motion by Mr. Carlson, seconded by Mr. Hamilton, that staff send a letter to the Department of Housing and Community Development requesting a time extension to July 1, 1990 in order to use the 1990 census information. Carried unanimously. BACHMAN 243/GILBERT/REMAND TO PC/RESOLUTION 1989-241 Motion by Mr. Carlson, seconded by Mr. Hamilton, that Council adopt Resolution 1989- 241 entitled, RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS GRANTING APPEAL OF PLANNING COMMISSION DECISION TO APPROVE PLANS FOR A TWO-STORY ADDITION TO AN EXISTING ONE-STORY RESIDENCE IN THE R- 1D-LHP ZONE AND REMANDING THE APPLICATION TO THE PLANNING COMMISSION. (213 BACHMAN AVENUE - ALFIE GILBERT/CHRISTINA BURNSIDE). Carried by a vote of 4 ayes. Mr. Hamilton voted no. YOUTH ADVISORY COMMISSION/DANCE Motion by Mr. Carlson, seconded by Mr. Hamilton, that Council approve a dance to be held February 3, 1990 at the Neighborhood Center to be put on by the Youth Advisory Commission. Carried unanimously. HEARINGS EXCAVATIONS/NEW PAVEMENT/TOWN CODE SECTION 26-24.5/ORDINANCE/HEARING Mayor Ferrito stated that this was the time and place duly noted for public hearing to consider introduction of Ordinance to add Section 26-24.5 to the Los Gatos Town Code, relating to excavations in new pavement. There was no one from the audience to speak to this issue. Motion by Mr. Ventura, seconded by Mr. Carlson, to continue this item to February 5, 1990. Carried unanimously. NEW YORK AVE/VACATION/MARIA'S BERRY FARM RELOCATION/HEARING RESOLUTION 1989-242 Mayor Ferrito stated that this was the time and place duly noted for public hearing to consider the intention to vacate a portion of a public right-of-way (New York Ave., from the state right of way fence to 230 feet south-easterly. There was no one from the audience to speak to this issue. TC:D1:MM121889 Motion by Mr. Carlson, seconded by Mr. Hamilton, to close the public hearing. Carried unanimously. Motion by Mr. Carlson, seconded by Mrs. Benjamin, that Council adopt Resolution 1989- 242 entitled, RESOLUTION OF THE TOWN OF LOS GATOS ORDERING VACATION OF A PORTION OF PUBLIC RIGHT-OF-WAY CALLED NEW YORK AVENUE (FROM THE STATE RIGHT-OF-WAY FENCE TO 230 FEET SOUTHEASTERLY). Carried unanimously. BLOSSOM HILL ROAD 941/RODRIQUEZ/TREE REMOVAL/HEARING 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 commission in denying an application to remove a protected tree on property in the R-D zone, S-89-58. Property located at 941 Blossom Hill Road. Property owner, Lora Rodriquez. The following person wished to address this issue: Lora Rodriquez, 941 Blossom Hill Road, owner of the property and tree, spoke of the need to remove the tree and the neighbors desire to have it removed. No one else from the audience wished to address this issue. Motion by Mr. Carlson, seconded by Mr. Ventura, to close the public hearing. Carried unanimously. BLOSSOM HILL ROAD CONTINUED Motion by Mr. Ventura, seconded by Mr. Ferrito, to uphold the Planning Commission's decision to deny the application to remove the protected tree. Carried by a vote of 3 ayes. Mr. Carlson supports the motion and feels the tree should be trimmed and thinned. Mrs. Benjamin voted no for the following reasons; the yard is small; the tree is overpowering; the tree is unsightly due to pruning around the power lines; trees should be taken on a case by case basis; the tree is not compatible with its location. Mr. Hamilton voted no for the same reasons. CABLE TELEVISION/TRANSFER/HEARST TO BRENMOR/ORDINANCE INTRODUCTION RESOLUTION 1989-243/HEARING Mayor Ferrito stated that this was the time and place duly noted for public hearing to consider transfer of cable television franchise from Hearst Cablevision to Brenmor Cable Partners. The following people from the audience spoke regarding this issue: Ray Derral, 9 Fillmer Ave, member of KCAT User Consortium, asks for help for the Channel 6 Community Channel. Mr. Ferrito invited Mr. Derral to attend the KCAT Board meeting. Gene Mussleman, Chief Operating Officer of Hearst Cablevision, 2700 Scott Blvd., Santa TC:D1:MM121889 Clara, thanked the Town for their support over the years and for their help in facilitating this transfer. No one else from the audience wished to address this issue. Motion by Mr. Carlson, seconded by Mrs. Benjamin, to close the public hearing. Carried unanimously. Motion by Mr. Carlson, seconded by Mrs. Benjamin, to waive the reading. Carried unanimously. The Town Clerk read the Title of the Draft Ordinance. Motion by Mr. Hamilton, seconded by Mr. Ventura, that Council introduce Ordinance entitled, AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING CHAPTER 9 OF THE TOWN CODE RELATING TO CABLE TELEVISION. Carried unanimously. Motion by Mr. Ventura, seconded by Mr. Hamilton, that Council adopt Resolution 1989- 243 entitled, RESOLUTION OF THE TOWN OF LOS GATOS APPROVING THE TRANSFER OF THE CABLE TELEVISION FRANCHISE FROM HEARST CABLEVISION OF CALIFORNIA INC., TO BRENMOR CABLE PARTNERS, and authorizing Mayor to sign franchise agreement. Carried unanimously. MINUTES OF NOVEMBER 3, 1989 Motion by Mrs. Benjamin, seconded by Mr. Carlson, to approve the Minutes of November 3, 1989 as submitted. Carried unanimously. MINUTES OF NOVEMBER 6, 1989 Mr. Ventura requested page 5 correction of name under Plaza La Posada from Taylor McCroy to Taylor La Croix. MINUTES OF NOVEMBER 6 CONTINUED Mr. Ventura requested page 5 clarification in Motion by Mr. Ventura at bottom of page. The inclusion being that the project is substantially larger than the existing homes and that the design should be compatible with the neighborhood. Mr. Ventura requested page 4 show that he abstained on Farley Road vote. Mr. Ferrito asks for concurrence of Council on the following comments: It is difficult to distill comments from the Council and Public into short concise summaries. These comments are superfluous in minutes which are essentially action minutes. The Clerk is asked to simply list people who spoke for or against an issue before Council, and Councilmembers will be quoted when they ask specifically for their comments to be reflected in the record or when they vote no and explain their no vote. Council agreed. TC:D1:MM121889 Mr. Ferrito requested page 10 under Los Robles Way reflect the names of the Councilmembers who voted yes, and as a matter of policy that Councilmembers names be listed in multi-split votes. Council agreed. Motion by Mr. Ventura, seconded by Mrs. Benjamin, that Minutes of November 6, 1989 be approved as amended. Carried by a vote of 4 ayes. Mr. Carlson abstained. MINUTES OF NOVEMBER 20, 1989 Mr. Ventura requested page 8, center page, under Motion by Mrs. Benjamin, have the words "varied zones" be amended to "a varied zone". Mr. Ferrito requested page 8, center page, under Motion by Mrs. Benjamin, 4th line from bottom, have the words "formed a threshold" deleted since these words refer to another thought. Motion by Mr. Carlson, seconded by Mrs. Benjamin, to approve the Minutes of November 20, 1989 as amended. Carried unanimously. MINUTES OF NOVEMBER 27, 1989 Mr. Ferrito requested page 3 under Short Road have his vote read for clarity "Mr. Ferrito voted no for reasons stated in previous record." Motion by Mr. Carlson, seconded by Mrs. Benjamin, that the Minutes of November 27, 1989 be approved as amended. Carried by a vote of 4 ayes. Mr. Ventura abstained. MINUTES OF DECEMBER 4, 1989 Motion by Mr. Carlson, seconded by Mrs. Benjamin, that the Minutes of December 4, 1989 be approved as submitted. Carried unanimously. CROSSWALK/STOP SIGNS/POLLARD AT TEAKWOOD Motion by Mr. Hamilton, seconded by Mr. Ventura, that this item be continued to January 2, 1989. Carried unanimously. PROJECT 8710/BLOSSOM HILL RETAINING WALL/COMPLETION Motion by Mr. Ventura, seconded by Mr. Carlson, that Council authorize the Mayor to execute and the Town Clerk to record a Certificate of Acceptance and Notice of Completion for Project 8710 - Blossom Hill Retaining Wall. Mr. Ventura asks that this project be given some consideration regarding beautification. Carried unanimously. TREASURER'S REPORT Council accepted Treasurer's Report of October 31, 1989 as submitted. TC:D1:MM121889 CODE ENFORCEMENT/REFERRALS TO TOWN ATTORNEY Mary Jo Levinger reported that in regard to item #2, Hackett, the plans were completed and signed and the next step will be for the contract to be let and the engineering department will monitor progress. Motion by consensus, that item #7, Dimitropoulous, 644 University Ave. be agendized for January 2, 1989, in order that the billing process on excavated area can be addressed. COUNCIL COMMITTEE APPOINTMENTS Motion by Mr. Carlson, seconded by Mr. Ventura, that Council ratify Council Committee appointments as proposed by Mayor Ferrito with the following amendments: *Sanitation District No.4, Mr. Ventura will be the alternate. *Under Route 85, Town Specific Plan be changed to Route 85 Committee. *Under Route 85, Route 85 Committee there is no alternate. *Commercial Specific Plan, there is no alternate. *HCD/CAC Committee, Mr. Ventura is the alternate. *Solid Waste Committee, Mr. Carlson is the alternate. WEST VALLEY SANITATION DISTRICT Report by Mr. Ferrito on the West Valley Sanitation District and the question of the possibility of a sewer line to Lake Canyon. The Board's position on this matter is that they wish to help this district to the extent that they have a problem but they don't want to create growth inducing impacts in the hillsides. They may wish to look at options other than sewers which would not be growth inducing. TRANSPORTATION COMMITTEE Mr. Ventura reported that the Board of Supervisors will be considering the State Transportation Improvement Plan for the next year which includes the plan to widen Highway 17 from Lark to Highway 9. Motion by Mr. Carlson, seconded by Mr. Ventura, that a letter be sent to the Board of Supervisors asking them to delete the plan to widen Highway 17 between Lark and Highway 9. Letter to include the fact that opposition is because of the realignment of traffic due to these improvements causing traffic to funnel down Highway 9 or Lark Ave. If there are extra funds, there is a need to widen Blossom Hill Bridge for safety, and other traffic problems which need to be addressed within Town, which Council would be pleased to share with the Board. Carried unanimously. ADJOURNMENT Motion by Mr. Carlson, seconded by Mr. Hamilton to adjourn this meeting to Closed TC:D1:MM121889 Session, Pursuant to Government Code 54956.9(b) concerning Threat of Litigation on Redevelopment. The Council retired to Closed Session at 9:15 p.m. ATTEST: Marian V. Cosgrove Town Clerk TC:D1:MM121889