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M 05-06-96TOWN OF LOS GATOS CALIFORNIA TOWN COUNCIL/PARKING AUTHORITY May 6, 1996 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 7:43 p.m., Monday, May 6, 1996, in regular session. ROLL CALL Present:Joanne Benjamin, Steven Blanton, Linda Lubeck, Patrick O'Laughlin and Mayor Randy Attaway. Absent:None. PLEDGE OF ALLEGIANCE Given by all in attendance. CLOSED SESSION Mayor Attaway announced that Council had not met in Closed Session this evening. NEWSRACK COMMITTEE/APPOINTMENT/TOM LILLEDAHL (00.20) Mayor Attaway announced that three applications from Tom Lilledahl, Erik Jacoby and Gary Rader had been received for one vacancy on the Newsrack Committee. Voting was held and Mr. Lilledahl was appointed to term ending August 1, 1998. PARKING COMMISSION/APPOINTMENT/MICHAEL MC CAMBRIDGE (000.20) Mayor Attaway announced that three applications from Kathleen Gallo, Michael McCambridge and Alfred Melzig had been received for one vacancy on the Parking Commission. Voting was held and Mr. McCambridge was appointed to term ending January 1, 1999. 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. CODE COMPLIANCE/QUARTERLY REPORT (03.49) Informational report from the Code Compliance Officer regarding abatement of code violations was received and filed. COUNCIL CALENDAR OF MEETINGS (04.10) Informational item presenting future Town Meetings for Council and other Town Boards and TC:D8:MM050696 Commissions was received and filed. TC:D8:MM050696 May 6, 1996 Los Gatos, California PAYROLL RATIFICATION/APRIL 1996 (05.V) Motion by Mrs. Lubeck, seconded by Mrs. Benjamin, that Council ratify the check register for the payroll of March 24 through April 6, 1996 paid on April 12, 1996 and payroll of April 7 through April 20, 1996 paid on April 26, 1996 in the amount of $582,515.50. Carried unanimously. ACCOUNTS PAYABLE/RATIFICATION/APRIL 1996 (06.V) Motion by Mrs. Lubeck, seconded by Mrs. Benjamin, that Council ratify the accompanying check registers for accounts payable invoices paid on April 12, 19, and 26, 1996 in the amount of $608,890.53. Carried unanimously. MINUTES OF APRIL 15, 1996 (07A.V) Motion by Mrs. Lubeck, seconded by Mrs. Benjamin, that Council approve the Joint Council/Redevelopment Minutes of April 15, 1996 as submitted. Carried by a vote of 4 ayes. Mrs. Benjamin abstained. MINUTES OF APRIL 22, 1996 (07B.V) Motion by Mrs. Lubeck, seconded by Mrs. Benjamin, that Council approve the Minutes of April 15, 1996 as submitted. Carried unanimously. MINUTES OF APRIL 29, 1996 (07C.V) Motion by Mrs. Lubeck, seconded by Mrs. Benjamin, that Council approve the Council Study Session Minutes of April 29, 1996 as submitted. Carried unanimously. THIRD QUARTER BUDGET REPORT/1995-96 (08.06) Motion by Mrs. Lubeck, seconded by Mrs. Benjamin, the Council accept the third quarter budget report of 1995-96 and authorize the budgets adjustments and outlined in the Fiscal Impact. Carried unanimously. HOUSING ELEMENT UPDATE/RESOLUTION 1996-49 (09.47) REDEVELOPMENT HOUSING PROGRAMS Motion by Mrs. Lubeck, seconded by Mrs. Benjamin, that Council adopt Resolution 1996-49 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO EXECUTE AGREEMENT WITH MELANIE SHAFFER FREITAS TO UPDATE THE GENERAL PLAN HOUSING ELEMENT, and authorize budget revisions as noted in staff report. Carried unanimously. NEWSRACK STORAGE FEE/RESOLUTION 1996-50 (10.20) Motion by Mrs. Lubeck, seconded by Mrs. Benjamin, that Council adopt Resolution 1996-50 entitled, RESOLUTION OF THE TOWN OF LOS GATOS ESTABLISHING NEWSRACK STORAGE FEE. Carried unanimously. LEE BOWMAN/REPRESENTATIVE AT SMALL CLAIMS COURT/RESOLUTION 1996-51 (11.10) Motion by Mrs. Lubeck, seconded by Mrs. Benjamin, that Council adopt Resolution 1996-51 entitled, RESOLUTION OF THE TOWN OF LOS GATOS USING MUNICIPAL COURT OF CALIFORNIA SANTA CLARA COUNTY JUDICIAL DISTRICT LOS GATOS FACILITY RESOLUTION FOR SMALL CLAIMS APPOINTING A CORPORATION REPRESENTATIVE. Carried unanimously. TC:D8:MM050696 May 6, 1996 Los Gatos, California CUPOLA/LYNDON CARRIAGE HOUSE/9503 PROJECT/RESOLUTION 1996-52 (12.44) Motion by Mrs. Lubeck, seconded by Mrs. Benjamin, that Council adopt Resolution 1996-52 entitled, RESOLUTION OF THE TOWN OF LOS GATOS APPROVING PLANS AND SPECIFICATIONS, AND AUTHORIZING THE ADVERTISEMENT FOR PROJECT 9503 - J.W. LYNDON CARRIAGE HOUSE CUPOLA RESTORATION AND PLACEMENT AT OAK MEADOW PARK. Carried unanimously. LANDSCAPING/LARK & WINCHESTER/COMPLETION NOTICE/RESOLUTION 1996-53 (13.35) Motion by Mrs. Lubeck, seconded by Mrs. Benjamin, that Council adopt Resolution 1996-53 entitled, RESOLUTION OF THE TOWN OF LOS GATOS ACCEPTING WORK OF DIABLO LANDSCAPING ON PROJECT 473CH185 LARK AVENUE AND WINCHESTER BLVD. LANDSCAPING - PHASE 1 AND AUTHORIZING THE TOWN MANAGER TO EXECUTE CERTIFICATE OF ACCEPTANCE AND NOTICE OF COMPLETION FOR RECORDING BY TOWN CLERK. Carried unanimously. LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT 1/ANNUAL REPORTS BLACKWELL DRIVE/HILLBROOK/BENEFIT ZONES/RESOLUTION 1996-54 (14.14) Motion by Mrs. Lubeck, seconded by Mrs. Benjamin, that Council adopt Resolution 1996-54 entitled, RESOLUTION OF THE TOWN OF LOS GATOS ORDERING THE DISTRICT ENGINEER TO PREPARE AND FILE AN ANNUAL REPORT IN ACCORDANCE WITH STREETS AND HIGHWAYS CODE 22565 AND FOLLOWING REGARDING LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT 1 - BLACKWELL DRIVE BENEFIT ZONE AND HILLBROOK BENEFIT ZONE OF THE TOWN OF LOS GATOS. Carried unanimously. LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT 2/ANNUAL REPORT GEMINI COURT BENEFIT ZONE/RESOLUTION 1996-55 (15.14) Motion by Mrs. Lubeck, seconded by Mrs. Benjamin, that Council adopt Resolution 1996-55 entitled, RESOLUTION OF THE TOWN OF LOS GATOS ORDERING THE DISTRICT ENGINEER TO PREPARE AND FILE AN ANNUAL REPORT IN ACCORDANCE WITH STREETS AND HIGHWAYS CODE 22565 AND FOLLOWING REGARDING LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT 2 - GEMINI COURT BENEFIT ZONE OF THE TOWN OF LOS GATOS. Carried unanimously. ELECTION RESULTS/MEASURE "C"/UTILITY USERS TAX/RESOLUTION 1996-56 (16.15) Motion by Mrs. Lubeck, seconded by Mrs. Benjamin, that Council adopt Resolution 1996-56 entitled, RESOLUTION OF THE TOWN OF LOS GATOS DECLARING ELECTION RESULTS OF THE SPECIAL MUNICIPAL ELECTION OF MARCH 26, 1996. Carried unanimously. BACHMAN AVE 208/C.B. HANNEGAN'S/OUTDOOR FIREPLACE/RESOLUTION 1996-57 (18.09) Motion by Mrs. Lubeck, seconded by Mrs. Benjamin, that Council adopt Resolution 1996-57 entitled, RESOLUTION OF THE TOWN OF LOS GATOS GRANTING AN APPEAL OF A PLANNING COMMISSION DECISION TO DENY A REQUEST TO MODIFY AN EXISTING CONDITIONAL USE PERMIT TO ALLOW AN OUTDOOR FREESTANDING FIREPLACE TC:D8:MM050696 May 6, 1996 Los Gatos, California AND A REVISED PLAN FOR A RETRACTABLE AWNING ON PROPERTY IN THE C-2- LHP ZONE WITH CONDITIONS, CONDITIONAL USE PERMIT APPLICATION U-95-6. Carried by a vote of 4 ayes. Mrs. Benjamin abstained. TC:D8:MM050696 May 6, 1996 Los Gatos, California VERBAL COMMUNICATIONS: Bike-to-Work Day: Sheldon Smith, representing the Trail and Bikeways Committee, announced the May 16, 1996 event which will help encourage traffic reduction by encouraging people to bike to work. ZONING ORDINANCE AMENDMENT A-96-1/ORDINANCE INTRODUCTION (19.46) ASSIGNED PARKING SPACES/DIMENSIONS OF SPACES/GROUND FLOOR OFFICE USE No one from the audience addressed this issue. Motion by Mrs. Benjamin, seconded by Mr. O'Laughlin, to close the public hearing. Carried unanimously. The Town Clerk read the Title of the Draft Ordinance. Motion by Mrs. Lubeck, seconded by Mrs. Benjamin, to waive the reading of the Draft Ordinance. Carried unanimously. Motion by Mrs. Lubeck, seconded by Mr. O'Laughlin, that Council make the findings that Zoning Ordinance Amendment A-96-1 is consistent with the General Plan. Carried unanimously. Motion by Mrs. Lubeck, seconded by Mr. O'Laughlin, that Council introduce Draft Ordinance entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONING ORDINANCE OF THE TOWN CODE TO DELETE OBSOLETE REFERENCES TO COMPACT SPACES, TO MODIFY PROVISION RELATING TO PARKING DIMENSIONS, TO ADD A PROHIBITION OF ASSIGNED PARKING SPACES AND TO PERMIT GROUND FLOOR OFFICE USES ON LOS GATOS-SARATOGA ROAD WHERE THEY ARE PRESENTLY NOT ALLOWED. Carried unanimously. LOS GATOS BLVD 16268/COMMERCIAL USE OF BUILDING/RESOLUTION 1996-58 (17.09) Mayor Attaway stated that this was the time and place duly noted for public hearing to consider appeal of Planning commission's decision to approve the request to add a sunroom, gazebo and retail/restaurant use on property in the C-1 Zone located at 16268 Los Gatos Boulevard. Conditional Use Permit Application U-94-7. Architecture and Site Application S-76-57A. Property Owners: Chen and Winnie Ng. The following people from the audience spoke to this issue: Chen Ng, 21599 Tyr Lane, San Jose, asked that his proposal be reconsidered by Council and given some more time to work out issues. Marlon Smith, 125 Lansberry Court, spoke of the concerns regarding his easement over the property and stated that the Ngs had not recently been working with him regarding this issue. No one else from the audience addressed this issue. Motion by Mrs. Lubeck, seconded by Mr. O'Laughlin, that Council adopt Resolution 1996-58 entitled, RESOLUTION OF THE TOWN OF LOS GATOS GRANTING APPEAL OF PLANNING COMMISSION DECISION TO APPROVE A REQUEST TO ADD A SUNROOM, GAZEBO, AND RETAIL/RESTAURANT USE ON PROPERTY IN THE C-1 ZONE, CONDITIONAL USE PERMIT APPLICATION U-94-7. Carried by a vote of 4 ayes. Mrs. Benjamin abstained. TC:D8:MM050696 May 6, 1996 Los Gatos, California LOS GATOS CREEK TRAIL/BRIDGE AT LARK AVE (20.23) PURCHASE OF BRIDGE/PLANS & SPECS/RESOLUTION 1996-59 PROJECT FUNDING/COUNTY OF SANTA CLARA/RESOLUTION 1996-60 Mayor Attaway stated that this was the time and place duly noted to consider purchase of Los Gatos Creek Trail bridge at Lark Ave and project funding with the County of Santa Clara. Scott Baker, Director of Engineering and Building Services, noted the steep trail under the bridge and the need for safety issues to be addressed with this project. The County Parks Grant is funding $112,000 of the project and the Town's portion will be $46,000. He noted that the installation of a gate maze like the one at the Miles Ave bridge section of the trail, is an off set fencing arrangement that slows down bicyclists and roller bladers. The expense for 80' of additional fencing from where new section intersects the old will be shared by the Homeowners and Town. The following people from the audience spoke to this issue: Bill Bilkowitz, 107 Lester Lane, felt that people should take care of themselves and government should not be spending so much money on them. He felt those using the trail should use the facility in its present condition. Staff explained that the trail at that point does not conform to any Federal and CalTrans standards and the Town is at jeopardy if it does not take care of the problem. Larry Ames, 1218 Willow Street, San Jose, helped organize 100 volunteers to plant about 1,000 trees along this trail as it travels into San Jose. As a County Parks Commissioner he voted to reallocate County funds to this project. Don Habard, 205 Cavado Ave., Campbell, on the Los Gatos Creekside Park Committee, spoke in favor of the alleviation of this serious safety problem. Vic Collord, 399 Nicholson Ave., member of the Los Gatos Creek Trail Committee, spoke of safety for the children that use that trail. Niki Clapp, 108 Cherry Hill Court, member of the Charter Oaks Homeowner's Association, noted the following concerns: Charter Oaks is willing to participate in the cost of additional fencing at the split rail fencing location on the North side of the trail and bridge; She asked that the turnstile at the end of the cul-de-sac be made a gate situation that would be kept locked except during the flooding of the trail when access would be needed. Mr. Baker noted that there was a closed gate on the lower portion that would remain closed until flooding at which time it would be opened and the maze like opening at the cul-de-sac would then become the access point; She noted the desire to have the trail go through on the East side of the Creek; She questioned the need for an additional maze type gating arrangement; Ms Clapp noted that the Condominium Association was willing to participate in the additional fencing on a cost per linear foot basis. Jack Bono, 200 Willow Hill Court, President of the Homeowner's Association of 250 residents, requested closure of the access point at the end of Charter Oaks Drive cul-de-sac which is used as an entrance point to the trail for people who are not already on the trail. Sheldon Smith, 14225 Lora Drive, Chair of Trails and Bikeways Committee, supports the project and noted the need for mitigation methods to answer the residents concerns. No one else from the audience addressed this issue. Mayor Attaway noted that Mr. Baker would consider the extra cost of additional fencing and present the estimates to the Charter Oaks Homeowners. TC:D8:MM050696 May 6, 1996 Los Gatos, California LOS GATOS CREEK TRAIL CONTINUED Motion by Mr. Blanton, seconded by Mr. O'Laughlin, that Council adopt Resolution 1996-59 entitled, RESOLUTION OF THE TOWN OF LOS GATOS APPROVING NEGATIVE DECLARATION AND PLANS AND SPECIFICATIONS FOR PROJECT 9517 - LOS GATOS CREEK TRAIL BRIDGE AT LARK AVENUE AND APPROVING PURCHASE OF BRIDGE. Carried unanimously. Motion by Mr. Blanton, seconded by Mr. O'Laughlin, that Council adopt Resolution 1996-60 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO ENTER INTO A PARK PROJECT AGREEMENT WITH THE COUNTY OF SANTA CLARA FOR PROJECT 9517 - LOS GATOS CREEK TRAIL BRIDGE AT LARK AVENUE. Carried unanimously. TREASURER'S REPORT (21.V) Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, that Council accept informational report submitted by the Treasurer to the Council as of February 29, 1996, and filed. Carried unanimously. COUNCIL REPORTS (22.10) Mayor Attaway suggested that Council plan their summer vacations and decide which Council meeting they may cancel due to lack of a quorum. August 19th and September 3rd will be considered. Staff to see what items may need Council attention during that time frame. ADJOURNMENT Motion by Mr. Blanton, seconded by Mrs. Benjamin, that this evening's meeting be adjourned at 9:55 p.m. Carried unanimously. ATTEST: Marian V. Cosgrove Town Clerk TC:D8:MM050696