Loading...
M 05-17-93TOWN OF LOS GATOS CALIFORNIA TOWN COUNCIL/PARKING AUTHORITY May 17, 1993 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 7:37 p.m., Monday, May 17, 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 James Jackson, Interim 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 regarding: Bankruptcy Claim of Los Gatos Lodge and Norm and Jean McFate. Council gave direction for proceeding with pending motion that will be heard during the first part of June; City of Cupertino, et al. v. City of San Jose, et al. which is the Landfill Tax issue. Council gave direction as to Town's extent of involvement; Worker's Compensation and EEOC Claim of Eugene Strom. There was a report given to Council on a late development. Pursuant to Government Code Section 54956.9 (b) to discuss Significant Exposure of Litigation. There is no report at this time. MATTHEW BEHNKE/LIFE SAVING COMMENDATION (00.43) Mayor Benjamin presented a Commendation from the Town to Matt Behnke for having saved the life of 4 year old, Peter Anton on April 5, 1993. Matt accepted his Commendation from the Town, and the thanks from the Anton family. He was appreciative of the recognition. Mayor Benjamin also presented a reward of $50.00, from an anonymous donor, to Matt. TC:D5:MM051793 SCHEDULE OF PUBLIC HEARINGS (01.01) Informational report regarding currently scheduled public hearings was received and filed. PAYROLL/RATIFICATION/APRIL 1993 (02.V) Motion by Mr. Blanton, seconded by Mr. Attaway, that Council ratify the accompanying check registers for payroll of April 11 through April 24, 1993 in the amount of $211,566.78 paid on April 30, 1993. Carried unanimously. ACCOUNTS PAYABLE/RATIFICATION/APRIL 1993 (03.V) Motion by Mr. Blanton, seconded by Mr. Attaway, that Council ratify accompanying check registers for accounts payable invoices in the amount of $513,929.10 paid on April 27, 30, and May 7 and 14, 1993. Carried unanimously. TC:D5:MM051793 May 17, 1993 Los Gatos, California CLAIM REJECTION/BRAD MILLWARD (04.01) Motion by Mr. Blanton, seconded by Mr. Attaway, that Council reject the claim of Brad Millward filed April 5, 1993 with the Town Clerk. Carried unanimously. WOOD ROAD/URBAN SERVICE AREA EXPANSION (06.04) Motion by Mr. Blanton, seconded by Mr. Attaway, that Council accept request from property owner to delete Parcel 510-46-008 from the proposed Wood Road Urban Service Area Expansion. Carried unanimously. BUS DEPOT/SANTA CRUZ AVE S 145/RON SCHIVO/RESOLUTION 1993-66 (08.40) Motion by Mr. Blanton, seconded by Mr. Attaway, that Council adopt Resolution 1993-66 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO EXECUTE A LEASE AGREEMENT WITH RONALD L. SCHIVO TO OPERATE A BUS TERMINATION ON TOWN PROPERTY AT 145 SOUTH SANTA CRUZ AVENUE. Carried unanimously. RETAINING WALL/KENNEDY RD 15700/RESOLUTION 1993-67 (09.09) Motion by Mr. Blanton, seconded by Mr. Attaway, that Council adopt Resolution 1993-67 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO ISSUE A REVOCABLE ENCROACHMENT PERMIT FOR AN EXISTING RETAINING WALL IN THE PUBLIC RIGHT-OF-WAY AT 15700 KENNEDY ROAD. Carried unanimously. ENERGY PARTNERSHIP PROGRAM/ENERGY COMMISSION/RESOLUTION 1993-68 (10.17) Motion by Mr. Blanton, seconded by Mr. Attaway, that Council adopt Resolution 1993-68 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING PARTICIPATION IN THE CALIFORNIA ENERGY COMMISSION'S PARTNERSHIP PROGRAM. Carried unanimously. CIGARETTE/SALES TAX/LEGISLATION/AB 478/RESOLUTION 1993-69 (11.17) Motion by Mr. Blanton, seconded by Mr. Attaway, that Council adopt Resolution 1993-69 entitled, RESOLUTION OF THE TOWN OF LOS GATOS SUPPORTING AB 478 WHICH IMPOSES ADDITIONAL SALES TAX ON SALE OF CIGARETTES. Carried unanimously. PLANNED DEVELOPMENT/OVERLAY ZONE/A-92-9/ORDINANCE 1942 (12.46) Motion by Mr. Blanton, seconded by Mr. Attaway, that Council adopt Ordinance 1942 entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONING ORDINANCE OF THE TOWN CODE CONCERNING THE FILING OF APPLICATIONS ON PROPERTY WITH A PLANNED DEVELOPMENT OVERLAY ZONE. Carried TC:D5:MM051793 May 17, 1993 Los Gatos, California unanimously. WATER CONSERVATION/ORDINANCE 1943 (14.37) Motion by Mr. Blanton, seconded by Mr. Attaway, that Council adopt Ordinance 1943 entitled, ORDINANCE OF THE TOWN OF LOS GATOS REPEALING ORDINANCE 1909 RELATING TO WATER CONSERVATION. Carried unanimously. TC:D5:MM051793 May 17, 1993 Los Gatos, California HEARINGS FRANK AVE 16997/DE LUCA/TREE APPEAL/HEARING (15.09) Mayor Benjamin stated that this was the time and place duly noted for public hearing to consider an appeal of a decision of the Planning Commission to deny an appeal of a request to remove a protected tree on property in the R-1:8,000 zone. Property located at 16997 Frank Avenue. Property owner: TransAmerican Financial Services. Appellant: Patricia De Luca. The following people from the audience spoke to this issue: Richard Salciccia, 14888 Bronson Ave., representing Ms De Luca, expressed many reasons for the tree removal, particularly stressing a safety issue due to the tree's decline. The tree has already caused $3,000 worth of damages when one of its limbs fell. Julio De Luca, 1017 Hudson St, Redwood City, brother of the appellant, supported the removal of the tree for safety reasons. Phil Stuart, neighbor of the appellant, spoke in favor of the removal of the tree. Bill Manfore, 14911 Karl Ave., Monte Sereno, spoke of the hazard this type of tree can cause. Patty De Luca, 16997 Frank Ave., asked that she be able to remove the tree from her front yard and expressed her cooperation with Park, Forestry and Maintenance in establishing an appropriate landscaping plan. No one else from the audience addressed this issue. Motion by Mr. Blanton, seconded by Mrs. Lubeck, to close this public hearing. Carried unanimously. Motion by Mr. Blanton, seconded by Mr. Attaway, that Council grant the appeal making findings of potential danger and possible damage to foundation due to proximity to existing structure, and that the tree would neither severely impact the established standard of the area nor impact property values since there are numerous mature trees in the vicinity. Tree replacement and landscape plan to be done to the satisfaction of the Parks, Forestry and Maintenance Department. Carried unanimously. BLOSSOM HILL RD 800/THE TERRACES/EQUIPMENT VENTS/APPEAL/HEARING (16.09) 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 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. Property located at: 800 Blossom Hill Road. Property Owner: American Baptist TC:D5:MM051793 May 17, 1993 Los Gatos, California Homes of the West (The Terraces of Los Gatos). Councilmembers Attaway and Blanton disqualified themselves from discussion of this item due to possible conflict of interest. The following people from the audience spoke to this issue: Patricia Pratt, 18702 Bear Creek Rd., Administrator at Terraces, requested Council's approval of equipment vents which have been installed at the facility. TC:D5:MM051793 May 17, 1993 Los Gatos, California HEARINGS CONTINUED THE TERRACES CONT. Speakers continued: Kenneth Hooge, Sr. Vice President of Facilities for American Baptist Homes of the West, asked that the appeal be approved by Council. No one else from the audience addressed this issue. Motion by Mr. O'Laughlin, seconded by Mrs. Lubeck, that Council close the public hearing. Carried by a vote of three ayes. Mr. Attaway and Mr. Blanton abstained. Motion by Mr. O'Laughlin, seconded by Mrs. Lubeck, that Council uphold the Planning Commission's decision to maintain roof mounted equipment without screening. Carried by a vote of three ayes. Mr. Attaway and Mr. Blanton abstained. PARKING LOT STALLS & STANDARDS/ORDINANCE AMENDMENT/HEARING (17.46) Mayor Benjamin stated that this was the time and place duly noted for public hearing to consider Planning Commission recommendation for amendments to the Town Code relating to size and location of parking stalls and standards for parking lots, Zoning Ordinance Amendment, A-92-8. Applicant: Town of Los Gatos. There was no one from the audience to discuss this issue. Motion by Mr. Blanton, seconded by Mr. Attaway, to close the public hearing. Carried unanimously. Motion by Mrs. Lubeck, seconded by Mr. O'Laughlin, that Council find that the Zoning Ordinance Amendment, A-92-8, is consistent with the General Plan and Downtown Specific Plan. Carried unanimously. Motion by Mrs. Lubeck, seconded by Mr. Attaway, that Council waive the reading of the draft ordinance. Carried unanimously. The Town Clerk read the title of the draft ordinance. Motion by Mrs. Lubeck, seconded by Mr. Attaway, that Council introduce Draft Ordinance entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE TOWN CODE CONCERNING SIZE AND LOCATION OF PARKING STALLS AND STANDARDS FOR PARKING LOTS, and to direct the Town Clerk to publish a summary at least five days prior to adoption. Carried unanimously. TC:D5:MM051793 May 17, 1993 Los Gatos, California RELOCATION ASSISTANCE/VILLA AVE/HEARING/RESOLUTION 1993-70 (18.09) Mayor Benjamin stated that this was the time and place duly noted for public hearing to consider adopting Resolution amending Resolution 1991-8 adopting the relocation assistance and last resort housing plan with modifications for the Villa Ave. residents. TC:D5:MM051793 May 17, 1993 Los Gatos, California HEARINGS CONTINUED RELOCATION CONT. The following people from the audience spoke to this issue: Mark Mander, 56 Villa Ave, asked for Council's consideration of previous relocation agreement with Villa Ave. residents. Preston Hill, 196 W. Main, representing the Manders, asked that Council negotiate a settlement with his client. Bob Hamilton, speaking for the Manders, addressed Council at a later time in the evening after item, but his recognition occurs here for consistency. He asked that Council's original agreement be upheld. No one else from the audience addressed this issue. Motion by Mr. Attaway, seconded by Mr. Blanton, to close the public hearing. Carried unanimously. Motion by Mr. Blanton, seconded by Mr. O'Laughlin, that Council adopt Resolution 1993- 70 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AMENDING RESOLUTION 1991-8 TO ADOPT MODIFICATIONS TO THE RELOCATION PLAN FOR THE VILLA AVENUE RESIDENTS, and that staff return to Council (1) an amendment to this resolution be made to bring the plan fully within the state's requirements which are not necessarily within the Town's geographical limits, and (2) that Council consider eliminating the Library project from the Capital Improvement Program. Carried unanimously. SECONDARY UNITS/R-1 ZONES/LEGALIZE EXISTING (05.16) Motion by Mrs. Lubeck, seconded by Mr. O'Laughlin, that Council continue this item to July 6, 1993. Carried unanimously. SIDEWALK MAINTENANCE BY OWNERS (07.28) Eric Morely, 42 Central Ave., representing the Board of Realtors, requested that this item be continued and scheduled for a public hearing. Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council schedule a public hearing July 19, 1993 to consider this subject. Carried unanimously. MINUTES OF MAY 3, 1993 (19a.V) Motion by Mr. Attaway, seconded by Mr. O'Laughlin, that Council approve the Minutes of May 3, 1993 as submitted. Carried unanimously. TC:D5:MM051793 May 17, 1993 Los Gatos, California MINUTES OF MAY 10, 1993 (19b.V) Motion by Mr. Attaway, seconded by Mr. Blanton, that Council approve the Minutes of May 10, 1993 as submitted. Carried unanimously. TREASURER'S REPORT/MARCH 1993 (20.V) Informational report submitted by the Treasurer to the Council for the month of March 1993 was received and filed. TC:D5:MM051793 May 17, 1993 Los Gatos, California HISTORIC STRUCTURES/PRIOR TO 1941/A-92-11 (21.15) Motion by Mr. Blanton, seconded by Mr. O'Laughlin, that Council find that the Zoning Ordinance Amendment, A-92-11, is not subject to the California Environmental Quality Act and that the ordinance amendment is consistent with the General Plan. Carried unanimously. Motion by Mr. Blanton, seconded by Mr. O'Laughlin, that Council waive the reading of the draft ordinance. Carried unanimously. The Town Clerk read the title of the draft ordinance. Motion by Mr. Blanton, seconded by Mr. O'Laughlin, that Council introduce Draft Ordinance entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING SECTION 29.10.020 OF THE ZONING ORDINANCE CHANGING THE QUALIFICATION DATE OF ALL HISTORIC STRUCTURES. Carried unanimously. SKATEBOARDING/IN-LINE SKATING/ROLLER SKATING/ORDINANCE 1944 (22.46) Mayor Benjamin stated that this was the time and place duly noted to consider introduction and adoption of urgency ordinance amending Sections 15.10.025 and 15.10.030 and adding Section 15.10.026 of the Town Code regulating skateboarding, in-line skating and roller skating. The following people from the audience spoke to this issue: Carol Ann Weber, 189 Ivy Hill Way, representing the Los Gatos Trails and Bikeways Committee, developed the idea of better trails and ways for non motorized transportation and the need to address the safety issues involved in this type of expansion. Sherwood Sullivan, 103 University, would like to see a complete ban of skateboards and in-line roller blades in the downtown area. Steve Glickman, 145 Maricopa Drive, (Los Gatos Union School District Board Member), thanked staff and Council for the consideration shown all participants in this process. No one else from the audience addressed this issue. Motion by Mr. Attaway, seconded by Mr. Blanton, that Council move forward with the adoption of the ordinance as it is before Council this evening, and that this ordinance will be reviewed by staff and considered by Council at the end of six months. Carried unanimously. Motion by Mr. Attaway, seconded by Mrs. Lubeck, to waive the reading of the draft ordinance. Carried unanimously. The Town Clerk read the title of the draft ordinance. Motion by Mr. Attaway, seconded by Mrs. Lubeck, that Council introduce and adopt Ordinance 1944 entitled, AN URGENCY ORDINANCE OF THE TOWN OF LOS GATOS AMENDING SECTIONS 15.10.030 AND ADDING SECTION 15.10.026 ON THE TOWN TC:D5:MM051793 May 17, 1993 Los Gatos, California CODE REGULATING SKATEBOARDING, IN-LINE SKATING AND ROLLER SKATING. Carried unanimously. Motion by Mr. Attaway, seconded by Mrs. Lubeck, that Council instruct the Clerk to publish the ordinance within 15 days of adoption and to authorize a reduction in the Economic Reserve for Uncertainty Account (100-36510) by $2,625.00 and increase the Police Department budget (account 4030-60500) by $2,625.00. Carried unanimously. TC:D5:MM051793 May 17, 1993 Los Gatos, California FEES & CHARGES/AMENDMENTS (23.05) Phil Knopf, speaking for youth group use of park facilities, requested that Council not make the use of the parks prohibitive to organized youth groups due to proposed fee increases. Motion by Mrs. Lubeck, seconded by Mayor Benjamin, to approve the raising of "Planning - Level I" fees as presented in the desk item this evening as identified as 1. E & F, 3. and 4. and leave the "Level II & III" fees at the same level as they were last year, and cost of document fees in all departments should be the same. Carried by a vote of 4 ayes. Mr. Attaway voted no because he feels the streamlining process should be in operation first to see where some fees could be eliminated or lessened before thought is given to raising them. Motion by Mr. Blanton, seconded by Mr. Attaway, to approve the proposed park fees for residents of Los Gatos and Monte Sereno, and to place a higher tiered structure of fees on the use of a variety of park facilities by non-residents. Carried unanimously. PLAY FIELD ADVISORY COMMITTEE (24.25) Informational report was received by Council and the following people from the audience addressed the issue: Ned Zuparko, 15443 Corinne Dr., spoke of the need for additional playing fields in Town for developing sports programs. Ken Barker, 134 Hollycrest Dr., addressed the fact that the committee has not found a great deal of additional space for the programs at this time and needs to continue its pursuit of adequate facilities to serve the needs of the community. Tom Werth, 16557 Marchmont Dr., spoke of increasing membership in the sports leagues and the continued need for practice and playing fields. Bernie Greenfield, 226 Forrester Rd., expressed the need for more playing field for organized sports programs. No one else from the audience addressed this issue. Informational report was received and filed after discussion. AMBULANCE SERVICE/TOWN CODE AMENDMENT (25.05) The Town Clerk read the title of the draft ordinance Motion by Mr. Blanton, seconded by Mr. O'Laughlin, to waive the reading of the draft ordinance. Carried unanimously. TC:D5:MM051793 May 17, 1993 Los Gatos, California Motion by Mr. Blanton, seconded by Mr. O'Laughlin, that Council introduce Draft Ordinance 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. Carried unanimously. TC:D5:MM051793 May 17, 1993 Los Gatos, California LOS GATOS-ALMADEN RD 16055-16035/ZONE CHANGE/RECONSIDERATION (13.09) Motion by Mr. Attaway, seconded by Mr. Blanton, to reconsider the movement of the original house to a different location. Carried unanimously. Motion by Mrs. Lubeck, seconded by Mr. Attaway, that Council hold a new public hearing on June 21, 1993 to reconsider the motion regarding the placement of the existing house. Carried unanimously. VERBAL COMMUNICATIONS Bob Hamilton, 368 Bella Vista, spoke regarding the Relocation Program for residents of Villa Ave. and is included in Item 18. COUNCIL COMMITTEE REPORT (29.10) Mr. Attaway reported on Santa Clara County Cities Association conference on "Compensation and Evaluation Packages for City Employees". The conclusions were that the upper management positions in government sectors are not keeping abreast of the private sector in compensation, but the majority of the employees have higher wage packages than those found in the private sector. ADJOURNMENT Motion by Mr. Attaway, seconded by Mr. O'Laughlin, to adjourn this evening's meeting at 10:59 p.m. ATTEST: Marian V. Cosgrove TC:D5:MM051793 May 17, 1993 Los Gatos, California Town Clerk TC:D5:MM051793