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M 06-07-93TOWN OF LOS GATOS CALIFORNIA TOWN COUNCIL/PARKING June 7, 1993 Minutes TOWN COUNCIL The Town Council/Parking Authority of the Town of Los Gatos met in the Council Chambers of the Town Hall, 110 East Main Street, at 7:47 p.m., Monday, June 7, 1993, in regular session. ROLL CALL Present:Randy Attaway, Steven Blanton, Linda Lubeck, Patrick O'Laughlin, and Mayor Joanne Benjamin. Absent:None. PLEDGE OF ALLEGIANCE Given by all in attendance. CLOSED SESSION Mayor Benjamin stated that there was no Closed Session meeting this evening. Larry Anderson, new Town Attorney, was introduced. ARCHITECTURAL STANDARDS COMMITTEE/APPOINTMENT (00.10) Mark Linder, Assistant Town Manager, explained that Council was considering applications from architects to serve on the Architectural Standards Committee. One would be appointed as a non-voting member providing technical advice to the committee. Motion by Mr. Blanton, to establish a rotating Architectural Standards Committee with the four individuals who submitted their applications, with the term to be fixed at one year. Motion died for lack of second. Motion by Mr. Attaway, seconded by Mrs. Lubeck, to appoint an architect to serve on the committee for a period of one year, and at the end of the year go through another application and appointment process. (Mr. O'Laughlin requested the appointment be for six months, but withdrew the request.) The original motion carried unanimously. TC:D5:MM060793 Motion by Mr. Blanton, seconded by Mr. O'Laughlin, that an alternate be appointed, so that if the appointee is unable to attend the alternate could attend. Carried with 4 ayes. Mr. Attaway voted no. Mayor Benjamin announced that applications had been received from Marvin Bamburg, Jeff Bowlsby, Dennis Burrow, William Fisher, Cliff Petersen and Theresa Yuen for one vacancy on the Architectural Standards Committee. Voting was held and William Fisher was appointed to fill the position for a term of one year. Dennis Burrow was appointed to serve as the alternate for an equal length of time. TC:D5:MM060793 June 7, 1993 Los Gatos, California YOUTH ADVISORY COMMISSION COMMENDATIONS (000.20) Mayor Benjamin presented commendations to the Youth Advisory Commission members for the year 1992-93. The following commissioners were present to receive their commendations; Kirsten Fish, Adele Lawrence, Patricia Lowe and Michelle Nelson. Brooks Broderick, Bernard Greenfield, Eleanor Harwood will be presented with their commendations. SCHEDULE OF PUBLIC HEARINGS (01.01) Informational report regarding currently scheduled public hearings was received and filed. PLANNING COMMISSION/PLANNING DEPARTMENT MONTHLY STATUS REPORT (02.47) Informational report regarding activity of Planning Commission and Department was received and filed. COUNCIL CALENDAR OF MEETINGS (03.10) Informational item presenting future Town Meetings for Council and other Town Boards and Commissions was received and filed. PAYROLL/RATIFICATION/APRIL-MAY 1993 (04.V) Motion by Mr. Blanton, seconded by Mr. O'Laughlin, that Council ratify the accompanying check registers for payroll of April 25 through May 8, 1993 paid May 14, 1993 and May 9 through May 22, 1993 paid May 28, 1993 in the amount of $455,287.68. Carried unanimously. ACCOUNTS PAYABLE/RATIFICATION/MAY 1993 (05.V) Motion by Mr. Blanton, seconded by Mr. O'Laughlin, that Council ratify accompanying check registers for accounts payable invoices in the amount of $332,864.93 paid on May 21, and 28, 1993. Carried unanimously. BUDGET/THIRD QUARTER/1992-93 (08.06) Motion by Mr. Blanton, seconded by Mr. O'Laughlin, that Council authorize the decrease in expenditure budgets of $15,500 and the increase of $15,500 in alternate expenditure budgets. Carried unanimously. CAPITAL IMPROVEMENT PROGRAM/1993-98/RESOLUTION 1993-71 (09.06) Motion by Mr. Blanton, seconded by Mr. O'Laughlin, that Council adopt Resolution 1993- 71 entitled, RESOLUTION OF THE TOWN OF LOS GATOS APPROVING 1993-98 CAPITAL IMPROVEMENT PROGRAM. Carried unanimously. TC:D5:MM060793 June 7, 1993 Los Gatos, California FEES/RATES/CHARGES/FOR TOWN SERVICES/RESOLUTION 1993-72 (10.05) Motion by Mr. Blanton, seconded by Mr. O'Laughlin, that Council adopt Resolution 1993- 72 entitled, RESOLUTION OF THE TOWN OF LOS GATOS CONTINUING CERTAIN DEPARTMENTAL FEES, RATES AND CHARGES, AND AMENDING CERTAIN FEES, RATES AND CHARGES. Carried unanimously. TC:D5:MM060793 June 7, 1993 Los Gatos, California AFFORDABLE HOUSING/JOINT DEVELOPMENT/RESOLUTION 1993-73 (11.19) Motion by Mr. Blanton, seconded by Mr. O'Laughlin, that Council adopt Resolution 1993- 73 entitled, RESOLUTION OF THE TOWN OF LOS GATOS SUPPORTING LEGISLATION TO ALLOW JOINT DEVELOPMENT IN MEETING AFFORDABLE HOUSING REQUIREMENTS. Carried unanimously. BICYCLES/TRAFFIC SIGNAL LOOPS/RESOLUTION 1993-74 (12.38) Motion by Mr. Blanton, seconded by Mr. O'Laughlin, that Council adopt Resolution 1993- 74 entitled, RESOLUTION OF THE TOWN OF LOS GATOS APPROVING THE APPLICATION FOR FUNDS FROM THE TRANSPORTATION ENHANCEMENT ACTIVITIES PROGRAM UNDER THE INTERMODAL SURFACE TRANSPORTATION EFFICIENCY ACT OF 1991 FOR THE FOLLOWING PROJECT: UPGRADE TRAFFIC SIGNAL LOOPS FOR BICYCLES. Carried unanimously. NON-POINT SOURCE POLLUTION/LIONS CLUB/RESOLUTION 1993-75 (13.43) Motion by Mr. Blanton, seconded by Mr. O'Laughlin, that Council adopt Resolution 1993- 75 entitled, RESOLUTION OF THE TOWN OF LOS GATOS COMMENDING THE LOS GATOS LIONS CLUB FOR SERVICES PROVIDED RELATED TO THE TOWN'S NON- POINT SOURCE POLLUTION PROGRAM. Carried unanimously. GREEN VALLEY/AUDIT/HILTON FARNKOPF & HOBSON/RESOLUTION 1993-76 (14.24) Motion by Mr. Blanton, seconded by Mr. O'Laughlin, that Council adopt Resolution 1993- 76 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING TOWN MANAGER TO EXECUTE AGREEMENT AND AMENDMENTS WITH HILTON FARNKOPF & HOBSON TO COMPLETE GREEN VALLEY DISPOSAL COMPANY PERFORMANCE AUDIT. Carried unanimously. 9324 PROJECT/TRAFFIC SIGNAL/TJKM TRANSPORTATION CONSULTANT (15.35) This item was removed from the agenda. FRANK AVE 16997/DE LUCA/TREE APPEAL/RESOLUTION 1993-78 (16.09) Motion by Mr. Blanton, seconded by Mr. O'Laughlin, that Council adopt Resolution 1993- 78 entitled, RESOLUTION OF THE TOWN OF LOS GATOS GRANTING AN APPEAL OF THE PLANNING COMMISSION DECISION TO DENY AN APPEAL OF A REQUEST TO REMOVE A PROTECTED TREE ON PROPERTY IN THE R-1:8,000 ZONE. Carried unanimously. BLOSSOM HILL RD 800/THE TERRACES/EQUIPMENT VENTS/RESOLUTION 1993-79 (17.09) TC:D5:MM060793 June 7, 1993 Los Gatos, California Motion by Mr. Blanton, seconded by Mr. O'Laughlin, that Council adopt Resolution 1993- 79 entitled, RESOLUTION OF THE TOWN OF LOS GATOS DENYING AN APPEAL OF A PLANNING COMMISSION DECISION TO DENY A REQUEST FOR PERMISSION TO MAINTAIN ROOF MOUNTED EQUIPMENT VENTS ON THE SKILLED NURSING BUILDING WITHOUT ARCHITECTURAL SCREENING FROM BELOW ON PROPERTY IN THE RM:5-20-PD ZONE, ARCHITECTURE AND SITE APPLICATION S-89-50B. Carried by a vote of 3 ayes. Mr. Attaway and Mr. Blanton abstained due to possible conflict of interest. TC:D5:MM060793 June 7, 1993 Los Gatos, California PARKING LOT STALLS & STANDARDS/ORDINANCE 1945 (18.46) Motion by Mr. Blanton, seconded by Mr. O'Laughlin, that Council adopt Ordinance 1945 entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE TOWN CODE CONCERNING SIZE AND LOCATION OF PARKING STALLS AND STANDARDS FOR PARKING LOTS, which was introduced at the Town Council meeting of May 17, 1993. Carried unanimously. HISTORIC STRUCTURES/PRIOR TO 1941/ORDINANCE 1946 (19.15) Motion by Mr. Blanton, seconded by Mr. O'Laughlin, that Council adopt Ordinance 1946 entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING SECTION 29.10.020 OF THE TOWN CODE CHANGING THE QUALIFICATION DATE OF ALL HISTORIC STRUCTURES, which was introduced at the Town Council meeting of May 17, 1993. Carried unanimously. AMBULANCE SERVICE/COUNTY CODE ADOPTION/ORDINANCE 1947 (20.05) Motion by Mr. Blanton, seconded by Mr. O'Laughlin, that Council adopt Ordinance 1947 entitled, ORDINANCE OF THE TOWN OF LOS GATOS ADDING ARTICLE V TO CHAPTER 28 OF THE TOWN CODE ADOPTING CHAPTER XVI OF DIVISION A18 OF THE SANTA CLARA COUNTY ORDINANCE CODE REGULATING AMBULANCE SERVICE, which was introduced at the Town Council meeting of May 17, 1993. Carried unanimously. YOUTH ADVISORY COMMISSION/SUNSET COMMUNITY SERVICES COMMISSION/AMENDMENT (06.20) The following commissioners spoke regarding this action: Michelle Nelson, 104 Hepplewhite Crt., spoke of the decision of the commissioners to sunset this commission and establish the opportunity for students to serve on other Commissions. Kirsten Fish, 16070 Greenridge Terrace, was disappointed in the low student commitment level and supported the suggested action. Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council sunset the Youth Advisory Commission and direct staff to prepare amended resolutions to expand the Community Services Commission. Carried unanimously. HEARINGS TC:D5:MM060793 June 7, 1993 Los Gatos, California LIGHTING AND LANDSCAPING DISTRICT 1/RESOLUTION 1993-80/HEARING (21.04) Mayor Benjamin stated that this was the time and place duly noted for public hearing to consider protests and adopting resolution confirming diagram and assessments, and levying assessments for Landscaping and Lighting Assessment District No. 1 for Fiscal Year 1993- 94. No one from the audience spoke to this issue. TC:D5:MM060793 June 7, 1993 Los Gatos, California HEARINGS CONTINUED LIGHTING AND LANDSCAPING DISTRICT 1 CONT. Motion by Mrs. Lubeck, seconded by Mr. Attaway, to close the public hearing. Carried unanimously. Motion by Mrs. Lubeck, seconded by Mr. O'Laughlin, that Council adopt Resolution 1993- 80 entitled, RESOLUTION OF THE TOWN OF LOS GATOS CONFIRMING DIAGRAM AND ASSESSMENTS, AND LEVYING ASSESSMENTS FOR LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT NO.1 FOR FISCAL YEAR 1993-1994. Carried unanimously. Council consensus to direct the Clerk to submit a certified copy of the resolution and assessment to the Santa Clara County Tax Collector. LIGHTING AND LANDSCAPING DISTRICT 2/HEARING (22.04) Mayor Benjamin stated that this was the time and place duly noted for public hearing to consider protests and adopting resolution confirming diagram and assessments, and levying assessments for Landscaping and Lighting Assessment District No. 2 for Fiscal Year 1993- 94. The following person from the audience spoke to this issue: Timothy Gerlach, 153 Gemini Crt., asked questions about the process of assessments; who was responsible for liens in the district; how those paying the assessments would be reimbursed at the time of sale of other lots; and why the administration fees had risen so much. No one else from the audience addressed this issue. Mayor Benjamin requested staff to review these and other questions asked by Mr. Gerlach and return to Council with a report. Motion by Mr. Attaway, seconded by Mr. Blanton, to continue this public hearing to July 6, 1993. Carried unanimously. FOSTER ROAD 17975/WESTERN CALIFORNIA UNIVERSITY/ACCESS/HEARING (23.09) Mayor Benjamin stated that this was the time and place duly noted for public hearing to TC:D5:MM060793 June 7, 1993 Los Gatos, California consider an appeal of a Planning Commission decision to deny a request to modify an existing conditional use permit to modify conditions of approval including those relating to property access and to allow the use of Foster Road as primary access, Conditional Use Permit Application U-84-6B. Property located at 17975 Foster Road. Property owner: Ho Real Estate Ltd. (Western California University) Mr. O'Laughlin disqualified himself from the hearing due to a possible conflict of interest. Mayor Benjamin noted for the record that Alice Hansen and Heidi Evers had called the Mayor, Mr. and Mrs. Fuquay had submitted a desk item, as well as Margaret Peake and Marilyn Davalos in opposition to this appeal. TC:D5:MM060793 June 7, 1993 Los Gatos, California HEARINGS CONTINUED FOSTER ROAD 17975/WESTERN CALIFORNIA UNIVERSITY/CONT. The following people from the audience spoke to this issue: Charles Bedolla, 1175 University Ave., San Jose, representing owner Dr. Kang Ming Ho, requested that Council reconsider the use of Foster Road for access to the property. He discussed the history of this application and appeal. Councilmember Attaway, stated for the record that Council has previously based its decision upon information from the Planning Commission regarding a road design of 1971 which went down Limekiln Canyon. Creegan & D'Angelo and Krines & Krines have both said they could build a road in this location. Jack Stewart, architect for Creegan & D'Angelo, spoke of a hard to build and less than safe road in Limekiln Canyon. The following people spoke regarding the unsafe conditions on Foster Road, addressing safety issues, traffic volume, fire hazards and need for improvements and an EIR before additional traffic is allowed on it: Alan Young, 17601 Foster Road Kathy Anderson, 17670 Foster Road Leslie Dinette, 17625 Foster Road Mel Friedman, 17975 Foster Road Allan Beattie, 76 Alpine Ave Charlotte Lorberbaum, 130 Highland Ave. Marian Stoops, 15 Highland Ave. Laurie Friedman, 17915 Foster Road Amy Grimes, 19 Loma Alta Ave Richard Ostrowski, 139 Alpine Ave. Karen Ostrowski, 139 Alpine Ave. Mr. Bedolla concluded his request to Council to grant the appeal. No one else from the audience addressed this issue. Motion by Mr. Blanton, seconded by Mr. Attaway, that Council close this public hearing. Carried by a vote of 4 ayes. Mr. O'Laughlin abstained. Motion by Mr. Blanton, seconded by Mr. Attaway, that Council uphold the Planning Commission's decision denying a request to use Foster Road as primary access, and accept the record of findings made by the Planning Commission and those following made by the Council. (Mr. Blanton does not feel that a use permit would ever have been granted if Foster Road had ever been considered the primary access. Mr. Attaway stated that he did not see TC:D5:MM060793 June 7, 1993 Los Gatos, California anywhere in the future access to Foster Road being granted to the applicant. Mrs. Lubeck stated that she could never support Foster Road access for this type of use. Mrs. Benjamin does not feel that this road is safe in light of the Oakland fire tragedy and would not agree to intensification of use on it.) Carried by a vote of 4 ayes. Mr. O'Laughlin abstained. TC:D5:MM060793 June 7, 1993 Los Gatos, California HEARINGS CONTINUED BLOSSOM HILL 15651/VITALICH/APPEAL/HEARING (24.09) Mayor Benjamin stated that this was the time and place duly noted for public hearing to consider an appeal of a Planning Commission decision to deny a request for approval of a tentative map to subdivide an approximately .96 acre parcel into three lots in the R-1:8000 (prezone) zone, Subdivision Application M-91-14. Property located at 15651 Blossom Hill Road. Property Owner, Mrs. Mary Lee Vitalich. Applicant, Westfall Engineers. No one from the audience addressed this issue. Motion by Mrs. Lubeck, seconded by Mr. Blanton, to continue this item to June 21, 1993. Carried unanimously. MINUTES OF MAY 17, 1993 (25.V) Mayor Benjamin requested an addition to page 1, under Commendation to Matt Behnke. It is to be noted that Matt received a $50.00 reward from an anonymous donor. Motion by Mrs. Lubeck, seconded by Mr. Attaway, that Council adopt the Minutes of May 17, 1993 with corrections as noted in the desk item. Carried unanimously. URMS/UNREINFORCED MASONRY BUILDINGS/EXEMPTIONS (26.13) Mayor Benjamin stated that this was the time and place duly noted to consider introducing ordinance amending Town Code Section 6.100.030 providing exemption from structural strengthening for qualified unreinforced masonry (URM) buildings. The following person from the audience spoke regarding this subject: Gil Mesa, 16461 Los Gatos Blvd., representing The Old Adobe Barber Shop, spoke in favor of this ordinance. No one else from the audience addressed this issue. The Town Clerk read the Title of the Draft Ordinance. Motion by Mr. Attaway, seconded by Mrs. Lubeck, that Council waive the reading of the Draft Ordinance. Carried unanimously. Motion by Mr. Attaway, seconded by Mrs. Lubeck, that Council introduce Draft Ordinance entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING TOWN CODE SECTION 6.100.030 PROVIDING EXEMPTION FROM STRUCTURAL STRENGTHENING June 7, 1993 Los Gatos, California FOR QUALIFIED UNREINFORCED MASONRY (URM) BUILDINGS. Carried by a vote of 4 ayes. Mr. Blanton voted no expressing the view that there will undoubtedly be another earthquake in California and he feels all buildings should be as safe as possible. PUBLIC HEARINGS/BUDGET ASSESSMENTS (27.06) This item was removed from the agenda. June 7, 1993 Los Gatos, California TOWN CODE/AMENDMENTS (28.46) Mayor Benjamin stated that this was the time and place duly noted to consider introducing ordinance adopting the codification of certain ordinances of the Town of Los Gatos entitled "Municipal Code of the Town of Los Gatos" repealing certain ordinances, adopting general provisions applying to the code and providing penalties for violation. The Town Clerk read the Title of the Draft Ordinance. Motion by Mrs. Lubeck, seconded by Mr. O'Laughlin, that Council waive the reading of the Draft Ordinance. Carried unanimously. Motion by Mrs. Lubeck, seconded by Mr. O'Laughlin, that Council introduce Draft Ordinance entitled, ORDINANCE OF THE TOWN OF LOS GATOS ADOPTING A CODIFICATION OF CERTAIN ORDINANCES OF THE TOWN OF LOS GATOS ENTITLED "MUNICIPAL CODE OF THE TOWN OF LOS GATOS" REPEALING CERTAIN ORDINANCES, ADOPTING GENERAL PROVISIONS APPLYING TO THE CODE AND PROVIDING PENALTIES FOR VIOLATION. Carried unanimously. ANNEXATIONS/FEE INCREASE (07.05) Mr. O'Laughlin requested additional information before a public hearing is to be held. He asked that Council establish consensus on issues of: holding a study session; how to handle if there is less than 12 registered voters compared to more registered voters; trade offs in increased revenues; what costs accrue to the Town; what revenues the Town could expect; review of individual's philosophies concerning this issue before the public hearing is held. Mayor Benjamin mentioned the financial impact compared to revenues; short range and long range goals; required annexations compared to residential pockets which Town would like to annex due to service costs to Town without benefit of reimbursement of property tax. Council consensus that staff study the issues and prepare a study session for Council prior to scheduling a public hearing. MEETING SCHEDULE/TOWN COUNCIL/1993-94 (29.10) Motion by Mr. O'Laughlin, seconded by Mr. Blanton, that Council approve the 1993-94 Fiscal Year Town Council Meeting Schedule with the elimination of the August 16, 1993 meeting due to scheduled summer vacations. Carried unanimously. COUNCIL COMMITTEE REPORTS/VASONA CORRIDOR (30.10) Mayor Benjamin reported on a CMA meeting where the MTC priorities are now focusing on BART to the SF Airport in which all the ICTEA monies will go north instead of remaining in Santa Clara County. This would stop the Vasona Corridor project for at least 5 years. She asked that Council be aware of this during the summer as they sit on committees and talk to people. TC:D5:MM060793 June 7, 1993 Los Gatos, California ADJOURNMENT Motion by Mr. Blanton, seconded by Mr. O'Laughlin, to adjourn this meeting at 10:55 p.m. Carried unanimously. ATTEST: Marian V. Cosgrove, Town Clerk TC:D5:MM060793