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M 04-16-90TOWN OF LOS GATOS CALIFORNIA TOWN COUNCIL/PARKING AUTHORITY April 16, 1990 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 7:40 p.m., Monday, April 16,1990, in regular session. ROLL CALL Present:Joanne Benjamin, Eric D. Carlson, Robert L. Hamilton, Brent N. Ventura and Mayor Thomas J. Ferrito Absent:Mayor Thomas J. Ferrito left the Council meeting at 8:30 p.m. PLEDGE OF ALLEGIANCE Given by all in attendance. APPOINTMENTS/MUSEUM COMMISSION/MARY EASTHAM/DEBRA KASS Applications were received for three vacancies on the Museum Commission from Debra Kass and Mary Eastham. Voting was held and both applicants were appointed, their terms to expire May 1, 1990. CLOSED SESSION Mary Jo Levinger, Town Attorney, reported that Council had met in Closed Session prior to this evening's meeting pursuant to Government Code Section 54956.9(a) to discuss Pending Litigation. The case of the Town of Los Gatos vs. DiTuillo, et al was discussed and there is no report at this time. The case of Gera vs. the Town, et al was discussed and there is no report at this time. The case of the Town of Los Gatos vs. Dawson-Miller, Parking Acquisition matter, was discussed. Mr. Hamilton and Mayor Ferrito were not present during that discussion. There is no report at this time. The matter has been settled and the last attorney's fees were authorized. Pursuant to Government Code Section 54956.9(b), Threat of Litigation regarding Redevelopment, there was first a finding of Significant Exposure to Litigation made, followed by a discussion of the matter. There is no report from that discussion at this time. Pursuant to Government Code Section 54956.9(c), Institution of Litigation regarding Route 85. There is no report from that discussion at this time. Institution of Litigation regarding TC:D1:041690 Happy Acres Road, as an addendum to this agenda, and posted 72 hours before this meeting, was discussed. There is no report from this discussion. SCHEDULE OF PUBLIC HEARINGS Informational report regarding currently scheduled public hearings was received and filed. PAYROLL/RATIFICATION/APRIL 6, 1990 Motion by Mrs. Benjamin, seconded by Mr. Hamilton, for ratification of the accompanying check register for payroll in the amount of $219,868.53 paid on April 6, 1990. Carried unanimously. ACCOUNTS PAYABLE/RATIFICATION/MARCH & APRIL 1990 Motion by Mrs. Benjamin, seconded by Mr. Hamilton, that this item be continued to April 17, 1990. Carried unanimously. 8904A PROJECT/SIDEWALK RECONSTRUCTION/EARTHQUAKE DAMAGE/FAU Motion by Mrs. Benjamin, seconded by Mr. Hamilton, that Council authorize the mayor to execute and the Town Clerk to record a Notice of Completion and Certificate of Acceptance for completed earthquake damage repairs. Carried unanimously. TREASURER/INVESTMENT POLICY Motion by Mrs. Benjamin, seconded by Mr. Hamilton, to accept the report on the Town's Investment Policy from the Town Treasurer. Carried unanimously. FENCE/HEDGE/WALL/ORDINANCE Motion by Mrs. Benjamin, seconded by Mr. Hamilton, that Council maintain the current ordinance without any changes. Carried unanimously. 8805 PROJECT/LOT 4/LOT 9/PARKING DISTRICT Informational report regarding the progress of Parking Assessment District Lots 4 and 9 was received and filed. 8805 PROJECT/LOT 4/DAWSON-MILLER/COBLER/GRANT DEED/RECORDING RIGHT-OF-WAY/AGREEMENT/RESOLUTION 1990-83 Motion by Mrs. Benjamin, seconded by Mr. Hamilton, that Council adopt Resolution 1990-83 entitled, RESOLUTION OF THE TOWN OF LOS GATOS APPROVING RIGHT OF WAY AGREEMENT BETWEEN THE TOWN AND DAWSON-MILLER DEVELOPMENT COMPANY AND MICHAEL T. COBLER AND AUTHORIZING TOWN MANAGER TO EXECUTE SAID AGREEMENT, and authorize the Town Engineer to accept on behalf of the Town a grant deed and authorize the Town Clerk to record the documents. Carried by a vote of 3 ayes. Mr. Hamilton and Mayor Ferrito abstained. TC:D1:041690 TOWN CLERK/COMPENSATION/RESOLUTION 1990-84 Motion by Mrs. Benjamin, seconded by Mr. Hamilton, that Council adopt Resolution 1990-84 entitled, RESOLUTION OF THE TOWN OF LOS GATOS ESTABLISHING THE COMPENSATION FOR THE NON-ELECTED DUTIES OF THE TOWN CLERK. Carried unanimously. LOS GATOS BLVD 16475 & 16485/CAHOON/G & G DESIGN/RESOLUTION 1990-85 Motion by Mrs. Benjamin, seconded by Mr. Hamilton, that Council adopt Resolution 1990- entitled, RESOLUTION OF THE TOWN OF LOS GATOS GRANTING APPEAL OF DECISION OF THE PLANNING COMMISSION IN DENYING REQUEST TO DEMOLISH ALL EXISTING STRUCTURES AND TO CONSTRUCT FIVE NEW RESIDENTIAL STRUCTURES IN THE C-1 ZONE, (16475 AND 16485 LOS GATOS BOULEVARD - GLENN CAHOON, G & G DESIGN, which incorporates the findings and decision of the Town Council at its meeting of April 2, 1990. Carried by a vote of 3 ayes. Mr. Carlson and Mr. Ventura abstained due to absence. TAPES OF CLOSED SESSION/TOWN ATTORNEY CUSTODIAN/ORDINANCE 1818 Motion by Mrs. Benjamin, seconded by Mr. Hamilton, that Council adopt Ordinance 1818 entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING ARTICLE I OF CHAPTER 2 RELATING TO THE CUSTODY OF CLOSED SESSION TAPED MINUTES. Carried unanimously. MORE AVE 573/ANNE SEIP/TREE REMOVAL/S-90-15/HEARING Mayor Ferrito stated that this was the time and place duly noted to hold this hearing and seeing that there was no one in attendance to speak to this issue requested a continuance. Motion by Mr. Carlson, seconded by Mrs. Benjamin, to continue to May 21, 1990 this public hearing to consider appeal of Planning Director in denying a request to remove a protected tree on property in the R-1:10,000 zone. Architecture and Site Application S-90- 15. Property Owner, Anne Seip. Property located at 573 More Ave. Carried unanimously. ZONING ORDINANCE/GENERAL PLAN/AMENDMENTS/HEARING Mayor Ferrito stated this was the time and place duly noted to hold the following public hearing and seeing that there was no one in attendance to address this issue requested a continuance. Motion by Mrs. Benjamin, seconded by Mr. Hamilton, to continue to May 7, 1990 this public hearing to consider amendments to Zoning Ordinance and General Plan relating to secondary dwelling units as follows: A.General Plan Amendment GP-90-1 amending housing element regarding secondary dwelling units. B.Zoning Ordinance Amendment A-90-1 to prohibit new secondary dwelling units in all zones. TC:D1:041690 C.Zoning Ordinance Amendment A-90-3 to allow nonconforming hotels/motels located in residential zones that were converted to multiple family units prior to March 22, 1986. Carried unanimously. VERBAL COMMUNICATIONS The following people from the audience wished to address these issues: Doug Ferris, 16840 Cypress Way, asked for assistance from the Town in applying for specific FEMA funds relating to demolition necessitated due to excessive earthquake damage. Mayor Ferrito requested that this issue be agendized for May 7, 1990, and that staff work with Mr. Ferris on his FEMA application. Andrew Watson, 56 Cleland Ave., was interested in Agenda Item #10, ABAG Pooled Financing for Library acquisition and construction. Mayor Ferrito explained that this item had been pulled from consent and would be addressed later in the meeting. HEARINGS JOHNSON AVE 205/MORGAN/APPEAL PC APPROVAL/HEARING Mayor Ferrito stated that this was the time and place duly noted for public hearing to consider appeal of Planning Commission approval of request to construct a single family residence, to demolish and construct a new secondary dwelling unit, and to demolish and construct a new garage at property located at 205 Johnson Avenue. Property owner, Phil Branon. Applicant, Dave Flick. Appellant, Kathy Morgan. HEARINGS CONTINUED JOHNSON AVE CONT. The following people from the audience wished to speak to this issue: Kathy Morgan, 142 Wheeler Ave., submitted photos of the neighborhood and spoke against the proposed renovation and asked for reconsideration so that the project would conform to the FAR standards and still be able to keep the secondary unit. Gary Taylor, 207 Johnson Ave., spoke against the project and his need for privacy. He would prefer a single story home and not one which looks down into his back yard. Dave Flick, 122 Stacia, submitted photos to the Council showing how his project fits within the present neighborhood, and how this style is compatible with others in this area. Phil Brannon, 121 Alpine, spoke in favor of the project and the consideration that has gone into designing the project to be compatible to the neighborhood. Mayor Ferrito left the meeting at 8:30 p.m. Vice-Mayor Ventura took the chair of the meeting at this time. TC:D1:041690 Mr. Carlson asked the record to show that the applicant is willing to take out the secondary unit if that would be the answer to the FAR problem. Motion by Mrs. Benjamin, seconded by Mr. Hamilton, to close the public hearing. Carried unanimously. Motion by Mrs. Benjamin, seconded by Mr. Carlson, to send this project back to the DRC in order to review the privacy issue and window placement, and that the appeal will be granted in respect to the FAR requirements leaving the decision of smaller second story or deletion of the secondary unit up to the applicant. The finding being that the Planning Commission erred by allowing FAR to exceed the guidelines established. Motion to withdraw, by Mrs. Benjamin and Mr. Carlson. Carried by a vote of 4 ayes. Mr. Ferrito absent. Motion by Mrs. Benjamin, seconded by Mr. Hamilton, to reopen the public hearing and continue the discussion on the privacy issue and hear this item April 17, 1990. Carried by a vote of 4 ayes. Mr. Ferrito absent. EXCAVATIONS IN NEW PAVEMENT/TOWN CODE SEC 26-24.5/ORDINANCE INTRODUCTION HEARING Vice-Mayor Ventura stated that this was the time and place duly noted for public hearing to consider introduction of Ordinance to add Los Gatos Town code Section 26-24.5 relating to excavations in new pavement. There was no one in the audience who wished to address this issue at this time. Motion by Mr. Carlson, seconded by Mrs. Benjamin, to close the public hearing. Carried by a vote of 4 ayes. Mr. Ferrito absent. HEARINGS CONTINUED EXCAVATIONS CONT./HEARING Motion by Mrs. Benjamin, seconded by Mr. Carlson, to waive the reading of the draft ordinance. The Town Clerk read the title of the draft ordinance. Motion by Mrs. Benjamin, seconded by Mr. Carlson, that Council introduce Ordinance entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING ARTICLE III OF CHAPTER 6 RELATING TO EXCAVATIONS IN NEW PAVEMENT. Carried by a vote of 3 TC:D1:041690 ayes. Mr. Hamilton voted no stating that the original intention had been targeted toward utility companies but had now developed into including single family dwellings. Mr. Ferrito absent. COUNTY REFERRALS Projects Inside Urban Service Area: 4255-30-50-89DR 17651 Tourney Rd.Crain Design Review Das Crain, owner of the property, spoke requesting that he not be annexed. Motion by Mrs. Benjamin, seconded by Mr. Ventura, to delete the color recommendation but continue to follow the County's and Town's policy of annexing adjacent parcels. Carried by a vote of 4 ayes. Mr. Ferrito absent. Status of Previous Referrals/Appeals: 2913-30-49-86B Tourney Rd.DePalma Grading See Report 86G-86DR-86LA-86LM Council requests that the Manager correspond with the County to ask if it is possible to file a motion for reconsideration before the Board due to lack of notification. CODE COMPLIANCE/SIGNS Informational item received and filed after discussion involving sign removal. CERTIFICATES OF PARTICIPATION/ABAG/POOLED FINANCING/LIBRARY ACQUISITION/ PARKING GARAGE ACQUISITION Discussion was held on this item and the following comments were made: Joan Schreiner, Town Treasurer, inquired into the cost of this proposal, which would be 4.8 million dollars over a period of 20 years, and which would result in annual payments of 400 thousand dollars. Net cost after 20 years would be 1.8 million dollars. The debt service does not appear to be able to generate enough income to offset its cost. The certificates of participation seem to have the characteristics of general obligation debt but are not subject to a public vote as bonds would be. This large debt burden presents future obligation of which the public should be made aware. CERTIFICATES OF PARTICIPATION CONT. Eric Carlson, Councilmember, requested staff report addressing rebuilding the General Fund Reserve which has just been depleted due to the land acquisitions for the parking district and library. Council, staff and public must be prudent in reestablishing this fund and the issue should be addressed within this year's budget review. TC:D1:041690 Motion by Mr. Carlson, seconded by Mr. Hamilton, that Council cease consideration of certificates of participation due to the creation of an unusually large debt of 1.8 million, and the creation of a fund which could multiply this debt, and that Council refer to staff for a report on proposals for replenishment of the funds which we have used for library property and parking district acquisition. Carried by a vote of 4 ayes. Mr. Ferrito absent. Andrew Watson, 56 Cleland Ave, speaker from the audience, commented in favor of the action Council took on this issue. PROJECT 8907-8908/BLOSSOM HILL PARK/LIVE OAK MANOR/PLAYGROUND EQUIPMENT RESOLUTION 1990-86 Motion by Mr. Carlson, seconded by Mr. Hamilton, that Council adopt Resolution 1990-86 entitled, RESOLUTION OF THE TOWN OF LOS GATOS APPROVING PLANS AND SPECIFICATIONS FOR PROJECT 8907/8908 - LIVE OAK MANOR AND BLOSSOM HILL PARK PLAYGROUND, for bids to be opened Wednesday, May 23, 1990 at 3:00 p.m. Carried by a vote of 4 ayes. Mr. Ferrito absent. CYPRESS WAY 16580/PARKING PROHIBITION This item to be reagendized after staff has reviewed parking options of property in question. GRANT/OFFICE OF CRIMINAL JUSTICE/EMERGENCY FEDERAL LAW ENFORCEMENT This item to be continued to Tuesday, April 17, 1990. MINUTES OF APRIL 2, 1990 This item to be continued to Tuesday, April 17, 1990. CODE ENFORCEMENT/REFERRALS TO TOWN ATTORNEY Informational item received and filed. DROUGHT/WATER USE/URGENCY ORDINANCE 1819 Motion by Mrs. Benjamin, seconded by Mr. Carlson, to waive the reading of draft ordinance. Carried by a vote of 4 ayes. Mr. Ferrito absent. The Town Clerk read the title of the draft ordinance. TC:D1:041690 DROUGHT/WATER USE/CONT. Motion by Mrs. Benjamin, seconded by Mr. Carlson, that Council adopt Ordinance 1819 entitled, ORDINANCE OF THE TOWN OF LOS GATOS DECLARING THE EXISTENCE OF A CONDITION OF DROUGHT AND PROVIDING FOR MANDATORY REDUCTIONS IN AND SPECIFIED PROHIBITIONS OF WATER USE, which includes the findings of Council expressed in Section I. Carried by a vote of 4 ayes. Mr. Ferrito absent. HILLSIDE DEVELOPMENT STANDARDS AMENDMENTS This item to be continued to May 7, 1990. ADJOURNMENT Mary Jo Levinger, Town Attorney, announced that this meeting will be adjourned to Tuesday, April 17, 1990, at 7:30 p.m. Motion by Mr. Hamilton, seconded by Mrs. Benjamin, to adjourn this meeting at 9:51 p.m. as previously announced. Carried by a vote of 4 ayes. Mr. Ferrito absent. ATTEST: Marian V. Cosgrove Town Clerk TC:D1:041690