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M 12-04-89TOWN OF LOS GATOS CALIFORNIA TOWN COUNCIL/PARKING AUTHORITY December 4, 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 4, 1989, in regular session. ROLL CALL Present:Joanne Benjamin, Eric D. Carlson, Robert L. Hamilton Brent N. Ventura and Mayor Thomas J. Ferrito. Absent:None PLEDGE OF ALLEGIANCE Given by all in attendance. CLOSED SESSION Mary Jo Levinger, Town Attorney, reported that Council had met in Closed Session prior to this evenings's meeting pursuant to Government Code Section 54956.9(c) to discuss Institution of Litigation regarding Library Acquisition. There is no report at this time. SCHEDULE OF PUBLIC HEARINGS Informational report regarding currently scheduled public hearings was received and filed. COUNTY REFERRALS Informational report regarding county referrals was received and filed. Projects Outside Urban Service Area: 3752-27-42-88LM Madrone Drive Otermat Time Extension No Comment 666-32-48-79CC-85B-89DR-89G Blackberry Hill Rd.Tomkiewicz Design Review/Grading Approval/4 Conditions Request by Mrs. Benjamin, that staff report on the requirements and realities of annexation of hillside property outside the urban service area. PLANNING COMMISSION/PLANNING DEPARTMENT/MONTHLY STATUS REPORT TC:D1:MM120489 Informational report regarding status of pending Planning Department applications and projects was received and filed. COUNCIL CALENDAR OF MEETINGS Informational report regarding calendar of upcoming Town meetings was received and filed. PAYROLL/RATIFICATION/NOVEMBER 22, 1989 Motion by Mr. Carlson, seconded by Mr. Ventura, for ratification of payroll in the amount of $24,127.53 for holiday pay paid on November 22, 1989, and additional payroll related items. Carried unanimously. ACCOUNTS PAYABLE/RATIFICATION/OCTOBER AND NOVEMBER 1989 Motion by Mr. Carlson, seconded by Mr. Ventura, for ratification of accounts payable invoices and accompanying check registers in the amount of $614,163.76, and paid in the months of October and November 1989. Carried unanimously. THE GREAT SARATOGA TO LOS GATOS RACE/JANUARY 21, 1990 Motion by Mr. Carlson, seconded by Mr. Ventura, that Council approve the Rotary Club's request to conduct "The Great Saratoga to Los Gatos Race" on Sunday, January 21, 1990, subject to the conditions listed in the staff report. Carried unanimously. PROJECT 8706/ALPINE STORM DRAIN/NOTICE OF COMPLETION Motion by Mr. Carlson, seconded by Mr. Ventura, to continue this item to December 18, 1989. Carried unanimously. HISTORIC PRESERVATION PROGRAM CERTIFICATION AGREEMENT/RESOLUTION 1989-229 Motion by Mr. Carlson, seconded by Mr. Ventura, that Council adopt Resolution 1989-229 entitled, RESOLUTION OF THE TOWN OF LOS GATOS APPROVING THE APPLICATION AND CERTIFICATION AGREEMENT FOR THE CERTIFIED LOCAL GOVERNMENT HISTORIC PRESERVATION PROGRAM, and authorizing the Town Manager to submit the application. Carried unanimously. WOODLAND 484/MC NELLY/M-88-17/APPEAL PC DENIAL/RESOLUTION 1989-230 Motion by Mr. Carlson, seconded by Mr. Ventura, that Council adopt Resolution 1989-230 entitled, RESOLUTION OF THE TOWN OF LOS GATOS DENYING APPEAL OF PLANNING COMMISSION IN DENYING REQUEST FOR APPROVAL OF A LOT LINE ADJUSTMENT TO RELOCATE AN INTERIOR PROPERTY LINE ON PROPERTY IN THE RMH ZONE (484 WOODLAND AVENUE-MALCOLM MC NELLY), incorporating the TC:D1:MM120489 findings and decision of the Town Council at its meeting of November 20, 1989. Carried unanimously. OAK KNOLL COURT 15744/STRAB & DUVON/Z-81-6B/APPEAL PC DENIAL RESOLUTION 1989-231 Motion by Mr. Carlson, seconded by Mr. Ventura, that Council adopt Resolution 1989-231 entitled, RESOLUTION OF THE TOWN OF LOS GATOS DENYING APPEAL OF DECISION OF PLANNING COMMISSION IN DENYING REQUEST TO MODIFY THE DEVELOPMENT STANDARDS OF AN EXISTING PLANNED DEVELOPMENT TO PERMIT CHANGES TO REQUIRED YARDS (BUILDING SETBACKS) ON PROPERTY IN THE HR-1:PD ZONE, incorporating the findings and decision of the Town Council at its meeting of November 20, 1989. Carried by a vote of 4 ayes. Mr. Ventura abstained as stated in previous record. ZONE CHANGE NO. 60/ORD. NO. 1551 AMENDMENT/ADOPTION OF ORDINANCE 1805 Motion by Mr. Carlson, seconded by Mr. Ventura, that Council adopt Ordinance 1805 entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING ORDINANCE NO. 1551 WHICH EFFECTED ZONE CHANGE NO. 60 FROM HR-1 TO HR-1 PD, which was introduced at the Town Council meeting of November 20, 1989. Carried by a vote of 4 ayes. Mr. Ventura abstained as stated in previous record. REDEVELOPMENT AGENCY/TOWN COUNCIL/ADOPTION OF ORDINANCE 1806 Motion by Mr. Carlson, seconded by Mr. Ventura, that Council adopt Ordinance 1806 entitled, ORDINANCE OF THE TOWN OF LOS GATOS DECLARING THE NEED FOR A REDEVELOPMENT AGENCY TO FUNCTION IN THE TOWN OF LOS GATOS AND DECLARING THE TOWN COUNCIL TO BE THE REDEVELOPMENT AGENCY FOR THE TOWN OF LOS GATOS, which was introduced at the Town Council meeting of November 20, 1989. Carried unanimously. PERS/MILITARY SERVICE CREDIT/ORDINANCE 1807 Motion by Mr. Carlson, seconded by Mr. Ventura, that Council adopt Ordinance 1807 entitled, ORDINANCE OF THE TOWN OF LOS GATOS ADOPTING AMENDMENT TO CONTRACTS BETWEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE TOWN COUNCIL OF THE TOWN OF LOS GATOS, which was introduced at the Town Council meeting of November 6, 1989. Carried by a vote of 4 ayes. Mr. Hamilton abstained due to a possible conflict of interest. SALES TAX ANALYSIS/RECOVERY SERVICES/AGREEMENT/RESOLUTION 1989-232 TC:D1:MM120489 MUNICIPAL RESOURCE CONSULTANTS (MRC) Motion by Mr. Carlson, seconded by Mr. Ventura, that Council adopt Resolution 1989-232 entitled, RESOLUTION OF THE TOWN OF LOS GATOS APPROVING THE AGREEMENT WITH MUNICIPAL RESOURCE CONSULTANTS (MRC) TO PROVIDE SALES TAX AUDIT AND RECOVERY SERVICES FOR THE TOWN. Carried unanimously. SALES AND USE TAX/RECORDS EXAMINATION/RESOLUTION 1989-233 Motion by Mr. Carlson, seconded by Mr. Ventura, that Council adopt Resolution 1989-233 entitled, RESOLUTION OF THE TOWN OF LOS GATOS DESIGNATING A TOWN CONSULTANT AS THE AUTHORIZED TOWN REPRESENTATIVE TO EXAMINE SALES AND USE TAX RECORDS. Carried unanimously. EARTHQUAKE CLAIMS/AGREEMENT/DAVID GRIFFITH & ASSOC./RESOLUTION 1989-234 Motion by Mr. Carlson, seconded by Mr. Ventura, that Council adopt Resolution 1989-234 entitled, RESOLUTION OF THE TOWN OF LOS GATOS APPROVING THE AGREEMENT WITH DAVID M. GRIFFITH AND ASSOCIATES FOR EARTHQUAKE CLAIMS REIMBURSEMENT ASSISTANCE, to provide the Town with assistance in seeking federal and state disaster reimbursements related to the earthquake. Carried unanimously. REDEVELOPMENT/EXPENDITURES/USE OF TOWN STAFF/RESOLUTION 1989-235 Motion by Mr. Carlson, seconded by Mr. Ventura, that Council adopt Resolution 1989-235 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE USE OF TOWN STAFF SERVICES AND OTHER EXPENDITURES FOR REDEVELOPMENT PURPOSES AND ACCOUNTING FOR SUCH SERVICES. Carried unanimously. LOCAL EMERGENCY/EXTENDING EXISTENCE/RESOLUTION 1989-236 Motion by Mr. Carlson, seconded by Mr. Ventura, that Council adopt Resolution 1989-236 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. HEARINGS GREEN RIDGE TERRACE 16070/FISH APPEAL OF COUNTY HEALTH OFFICER GROUND WATER/HEARING Mayor Ferrito stated that this was the time and place duly noted for public hearing to consider Duane and Susan Fish's appeal of the Santa Clara County Health Officer's decision concerning ground water as the possible cause for tree damage on their property. TC:D1:MM120489 There was no one from the audience who wished to address this issue. Motion by Mr. Carlson, seconded by Mr. Ventura, to continue hearing until January 2, 1989, to receive information from the Regional Water Quality Control Board. Carried unanimously. SOLID WASTE COLLECTION SERVICES AND CURBSIDE RECYCLING UNLIMITED COLLECTION/GREEN VALLEY/RESOLUTION 1989-237/HEARING Mayor Ferrito stated that this was the time and place duly noted for public hearing to consider Solid Waste Collection Services and Curbside Recycling Program including Unlimited Collection, and adoption of resolution authorizing the Town Manager to enter into an agreement with Green Valley Disposal for implementation of curbside recycling program and adoption of resolution modifying refuse collection rates. Town Manager, Deborah Acosta, explained the incremental approach of this program. The first phase will address the issues of the single family homes; the second step would work out the issues involving multi-family facilities on a more individual and custom designed basis; and the third portion of the program would address the numerous concerns in the commercial community, taking into consideration those businesses which already have successful recycling programs. The following people spoke from the audience regarding this issue: Howard Nicholes, 15303 Top of the Hill Court, representing the Environmental Task Force of the First Methodist Church of Los Gatos, states support for initiation of curbside recycling as soon as possible even if it must begin incrementally. TC:D1:MM120489 December 4, 1989 Los Gatos, California Jill Boone, 2427 Granby, San Jose, representing the Sierra Club on issues involving solid waste and recycling in Santa Clara County. Supports curbside recycling and the variable rate for collection services. Variable rate studies versus unlimited collection have shown as much as 25% decrease in solid waste generation and collection with the variable rate. She states landfill space must be treated as a natural resource. Thelma Spaziani, 204 Willow Hill, political liaison and vice-president of the Charter Oaks Town House Association, is in full support of curbside recycling for multi-family units. Marilyn Basham, 108 Teresita Way, is in support of the variable rate; encourages individual responsibility for generation of waste. Richard Gaines, 340 Johnson Ave., asked Council to consider the following suggestions: outlaw plastic grocery bags in Town; form an Ad Hoc Committee or Commission to investigate and report on all aspects of waste management; separate rates for senior citizens; unlimited service as a potential removal of incentive to recycle and compost will possibly shorten the life span of our landfill site. SOLID WASTE COLLECTION CONTINUED Speakers from the audience continued: Norma Rose, 323 Blossom Valley Drive, spoke in support of unlimited service and the difficulty of taking large amounts of gardening debris to the dump when you are elderly. Alan Tanenbaum, 16530 Bonnie Lane, representative of Beyond WAR, spoke of the necessity of reducing the volume of waste material and the need of establishing rates which will ensure the life of the landfill area will extend beyond the immediate future. Dolores Simone, 248 Old Adobe Road, spoke in support of unlimited pickup which would help clean up the debris along Pollard and Quito Roads and control the rodent population. Paula Rude, 110 Oak Rim Court, in favor of curbside recycling for everyone which would include separation of organic compostable materials. John Snelham, 247 Old Adobe Road, spoke in favor of unlimited pickup and the need for further monitoring of the finances involved in the waste management franchise. Julie Maxson, 210 Mattson Ave., representing Helping Us Live Peacefully, a club at Los Gatos High School which addresses social issues including recycling which the club would like to see implemented in Town. Georgette Tanenbaum, 16530 Bonnie Lane, asks that the Town look at every aspect of recycling and not go to unlimited pickup. Nancy Cardinet, 221 Jones Road, asks Council to support recycling activities stating the pay TC:D1:MM120489 December 4, 1989 Los Gatos, California by the can system will create sufficient incentive to make it work Brad Clifford, 246 Harding, supports the recycling program. Walt Cardinet, 221 Jones Road, is in support of the recycling program. There was no one else from the audience who wished to speak to this issue. Motion by Mr. Ventura, seconded by Mrs. Benjamin, to close the public hearing on Curbside Recycling Program. Carried unanimously. Motion by Mrs. Benjamin, seconded by Mr. Ventura, that Council adopt Resolution 1989- 237 entitled, RESOLUTION AUTHORIZING THE TOWN MANAGER TO EXECUTE AN AGREEMENT WITH GREEN VALLEY DISPOSAL COMPANY, INC. FOR IMPLEMENTATION OF THE CURBSIDE RECYCLING PROGRAM, with the cost of the service to be included on the refuse bill, and staff to continue to study the implementation of recycling for multifamily residences, businesses, and vending machine locations. Carried unanimously. Motion by Mrs Benjamin, seconded by Mr. Ventura, that Council approve adding the cost of the recycling program of $0.82 per household per month to the refuse collection bill. Carried by a vote of 3 ayes. Mr. Carlson and Mr. Ferrito voted no for the following reasons. Mr. Carlson stated that in the overall rate structure the people who recycle should be able to obtain lower rates for their efforts, in effect making recycling free and charging more for additional cans of trash put out, also pointing out that the rate structure should be considered at one time. Mr. Ferrito agreed with Mr. Carlson. Motion for consensus by Mr. Ferrito, that the staff report which will be submitted to Council in thirty days should include fee structures which would show a zero base for curbside recycling. SOLID WASTE COLLECTION CONTINUED Motion by Mrs. Benjamin, seconded by Mr. Carlson, to continue for three months the approval of one-can service at a monthly rate of $4.58 (curbside) and unlimited garbage collection services at a monthly rate of $10.73 and modifying the rate structure, and for staff to study the feasibility of organic pick-up for our community and to submit a concrete proposal for carrying out such a program. Carried unanimously. TC:D1:MM120489 December 4, 1989 Los Gatos, California BACHMAN AVENUE 243/GILBERT/S-89-55/APPEAL PC APPROVAL/HEARING Mayor Ferrito stated that this was the time and place duly noted for public hearing to consider the appeal of a Planning Commission decision to approve plans for a two-story addition to an existing one-story residence in the R-1D-LHP zone, S-89-55. Property, 243 Bachman Avenue. Owner, Alfie Gilbert. Applicant, E. Gary Schloh. Appellant, Christina Burnside. The following people from the audience wished to address this issue: Christina Burnside, 230 Tait, is concerned about the towering wall that the present design presents to her patio, and would like to see an attempt to lower the proposed plans for the house possibly using a subterranean approach. Gary Schloh, 213 Bean Ave., architect for the project, explained how the design cannot be turned around due to the configuration of the existing home. Alfie Gilbert, owner of 243 Bachman Ave., asked for consideration of the present plans for his home. Brian Cosby, 230 Tait, would like to see another alternative to the present design. There was no one else who wished to speak to this issue. Motion by Mr. Carlson, seconded by Mr. Ventura, to close the public hearing. Carried unanimously. Motion by Mrs. Benjamin, seconded by Mr. Hamilton, to continue the hearing at this level and to have the plans reconsidered after the architect has lowered the building a half story to create less of an impact on the neighbors. Motion failed with a vote of 2 ayes. Mr. Carlson, Mr. Ferrito and Mr. Ventura voted no. Motion by Mr. Ventura, seconded by Mr. Carlson, to refer this project back to DRC and Planning Commission and find that the Planning Commission erred in that the rear portion along the westerly property line is obtrusive to the neighbor and will impact the bay tree which is meant to screen the view to neighbor was not considered by the Planning Commission. Mr. Carlson expands to include that the applicant and architect, at no extra cost, to submit and discuss with staff additional alternatives. Mr. Ferrito added that the Planning Commission erred in not considering the significant shadow impact on the adjacent lot. Mrs. Benjamin supports the motion but feels that sending the project back through the system is too time consuming. Carried by a vote of 4 ayes. Mr. Hamilton voted no feeling that the TC:D1:MM120489 December 4, 1989 Los Gatos, California hearing should have been continued and the project should have remained with Council. RECESS Mayor Ferrito declared a recess at 10:25 p.m. and called the meeting back to order at 10:40 p.m. ROUTE 85/RIPARIAN MITIGATION PROGRAM Motion by Mr. Ventura, seconded by Mr. Carlson, to conceptually approve the mitigation plan as shown on exhibit 1 of the staff report, which permits the Bonnie View Mobile Home Park to remain and provides a berm along both sides of Los Gatos Creek, maximizing the use of berms in place of walls north of Route 85, and provides for landscaping, ponding and wildlife with the Town having final design control, and additionally holding public hearings before the final decision. Carried unanimously. OPEN SPACE STUDY/BLOSSOM HILL/HICKS-SHANNON-SHORT ROADS HILLSIDE DEVELOPMENT STANDARDS Consideration of a draft open space study prepared for the Blossom Hill area and modifications to the hillside development standards. Mr. Ventura asked to have time to review the open space study and to be able to have a public work study session regarding this issue at the next Council meeting. Motion by Mr. Ventura, seconded by Mrs. Benjamin, to allow members of the audience who wished to speak to this issue the opportunity to do so within a time limit of three minutes. Carried by a vote of 3 ayes. Mr. Carlson and Mayor Ferrito voted no, since this is not a scheduled public hearing. The following people from the audience wished to address this issue: Elizabeth Elam, 14950 Shannon Road, objects to the trails in this area. Would like to see this as open space, and a natural habitat for native wildlife. Ray Elam, 14950 Shannon Road, addressed the need to keep homes compatible with their location and designed for the area in which they're built. David Weissman, 15431 Francis Oaks Way, praised the open space study and asked for a base line animal study to be included before a development is permitted. Herb Weinman, 14475 Shannon Road, asks that trails not be approved in this area of open TC:D1:MM120489 December 4, 1989 Los Gatos, California space, and that the area be left in its natural state. Richard Derus, 246 Vista Del Monte, has an option on 14405 Shannon, and suggested the use of this property for riparian replacement or enhancement when Cal Trans builds bridge. Diane McLaughlin, Francis Oaks Way, would like a census of the existing wildlife in the area. Virginia Fanelli, 1175 Saratoga Ave., asked if there would be public input at the study session and if there would be a public hearing after the study session has been held. Jeff Whitman, 84 W. Santa Clara St., San Jose, representing owners Angell and Gregory, would like Council to move this issue along. James Dickson, 16095 Camino Del Cerro, asks Council to take its time on this once in a lifetime opportunity. There were no others from the audience wishing to address this issue. Motion by Mr. Carlson, seconded by Mr. Ventura, to continue this issue to Tuesday, December 12, 1989, combining the meeting originally scheduled for Monday, December 11, 1989, and renoticing all those affected by this change, and including a study session on this issue. Carried by a vote of 3 ayes. Mrs. Benjamin voted no stating that she would like to be present at the study session and cannot commit herself to Tuesday without first checking her calendar. Mayor Ferrito requested his no vote reflect Mrs. Benjamin's preference for Monday meeting. BLOSSOM HILL/HICKS-SHANNON-SHORT ROADS/HILLSIDE DEVELOPMENT MORETOREUM/ADOPTION URGENCY ORDINANCE 1808 Motion by Mr. Ventura, seconded by Mr. Carlson, that Council find that there is a current and immediate threat to the public health and welfare; and that the approval of additional subdivisions, use permits, variances, building permits or any other applicable entitlement for use which is required in order to comply with a zoning ordinance would result in a threat to public health and welfaare; and that suportive evidence for these findings can be found in Section I of the Draft Ordinance. Carried by a vote of 4 ayes. Mr. Hamilton voted no. Motion by Mr. Ventura, seconded by Mr. Carlson, to waive the reading of the Draft Ordinance. Carried unanimously. The Town Clerk read the Title of the Draft Ordinance. Motion by Mr. Ventura, seconded by Mr. Carlson, that Council introduce and adopt Ordinance 1808 entitled, AN URGENCY INTERIM ZONING ORDINANCE ESTABLISHING A TEMPORARY PROHIBITION ON APPLICATIONS FOR CERTAIN TYPES OF IMPROVEMENTS TO PROPERTY IN THE AREA BOUNDED BY SHORT TC:D1:MM120489 December 4, 1989 Los Gatos, California ROAD, BLOSSOM HILL ROAD, HARWOOD ROAD, HICKS ROAD AND SHANNON ROAD, which is effective until January 18, 1990. Carried by a vote of 4 ayes. Mr. Hamilton voted no. Motion by Mr. Carlson, seconded by Mr. Ventura, that Council direct the Town Clerk to schedule a public hearing on January 16, 1990 to extend the Urgency Interim Zoning Ordinance. Carried by a vote of 4 ayes. Mr. Hamilton voted no. INTER-GOVERNMENTAL COUNCIL Report on Mr. Nick Szabo, Councilmember from Cupertino, who is requesting support for appointment as representative to the Traffic Authority for Cupertino, Saratoga, Monte Sereno, Los Gatos, Campbell, Morgan Hill and Gilroy. He and Mr. Moyles, Councilmember from Saratoga, are both requesting support for this position. EARTH DAY 1990/GLOBAL CITIES PROJECT Motion by Mr. Carlson, seconded by Mr. Ventura, that Council approve participation in Earth Day 1990, Global Cities Project and the allocation of membership fees of $500. Carried unanimously. SANTA CRUZ AVE 664/FOUNTAIN COURT/HEINDEL & BAJACE/U-89-1/S-89-10 APPEAL PC DENIAL/RESOLUTION 1989-238 Motion by Mr. Carlson, seconded by Mrs. Benjamin, that Council adopt Resolution 1989- 238 entitled, RESOLUTION OF THE TOWN OF LOS GATOS DENYING APPEAL OF DECISION OF PLANNING COMMISSION IN DENYING REQUEST FOR APPROVAL OF PLANS TO DEMOLISH AN EXISTING MOTEL AND TO CONSTRUCT EIGHT RESIDENTIAL CONDOMINIUM UNITS ON PROPERTY IN THE LM ZONE, (664 NORTH SANTA CRUZ AVENUE-FOUNTAIN COURT), which incorporates the findings and decision of the Town Council at its meeting of November 20, 1989. Carried by a vote of 4 ayes. Mr. Hamilton voted no as reflected in previous record. OFFICE OF THE TOWN CLERK/MINUTES Motion by consensus, to continue minutes of: TC:D1:MM120489 December 4, 1989 Los Gatos, California a.November 3, 1989 b.November 6, 1989 c.November 20, 1989 d.November 27, 1989 ADJOURNMENT Motion by Mr. Hamilton, seconded by Mr. Carlson, to continue this meeting to December 12, 1989. Meeting adjourned at 11:56p.m. ATTEST: Marian V. Cosgrove Town Clerk TC:D1:MM120489