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M 06-03-96TOWN OF LOS GATOS CALIFORNIA TOWN COUNCIL/PARKING AUTHORITY June 3, 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 7:32 p.m., Monday, June 3, 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 Larry Anderson, 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 against the Town regarding Green Valley v. Town of Los Gatos, et al., Superior Court Case Number CV751534. There was no report at this time. Pursuant to Government Code Section 54956.9(a), to discuss Pending Litigation against the Town regarding Guadalupe Rubbish Disposal Co. v. Town of Los Gatos, et al., Superior Court Case Number CV752691. Council was advised of scheduled mediation next week, and gave instruction as to Town's position in this matter. SCHEDULE OF PUBLIC HEARINGS (01.01) Informational report regarding currently scheduled public hearings was received and filed. COUNTY REFERRALS (02.47) Motion by Mrs. Lubeck, seconded by Mrs. Benjamin, that Council approve the recommended action concerning County Referrals: Referral # 6303: Location 15100 Fawndale Road: Applicant Goldberg: Request Building Site and Design Review: Recommendation Approval. Carried unanimously. PLANNING COMMISSION/PLANNING DEPARTMENT MONTHLY STATUS REPORT (03.47) Informational report regarding activity of Planning Commission and Department 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:MM060396 Commissions was received and filed. TC:D8:MM060396 June 3, 1996 Los Gatos, California PAYROLL RATIFICATION/MAY 1996 (05.V) Motion by Mrs. Lubeck, seconded by Mrs. Benjamin, that Council ratify the check register for the payroll of May 5 through May 18, 1996 paid on May 24, 1996 in the amount of $331,194.38. Carried unanimously. ACCOUNTS PAYABLE/RATIFICATION/MAY 1996 (06.V) Motion by Mrs. Lubeck, seconded by Mrs. Benjamin, that Council ratify the accompanying check registers for accounts payable invoices paid on May 17 and May 24, 1996 in the amount of $358,699.93. Carried unanimously. MINUTES OF MAY 13, 1996 (07A.V) Motion by Mrs. Lubeck, seconded by Mrs. Benjamin, that Council approve the Minutes of May 13, 1996 as submitted. Carried unanimously. MINUTES OF MAY 20, 1996 (07B.V) Motion by Mrs. Lubeck, seconded by Mrs. Benjamin, that Council approve the Minutes of May 20, 1996 as submitted. Carried unanimously. MINUTES OF MAY 29, 1996 (07C.V) Motion by Mrs. Lubeck, seconded by Mrs. Benjamin, that Council approve the Minutes of May 29, 1996 as submitted. Carried unanimously. AMICUS BRIEF/NUNEZ VS CITY OF SAN DIEGO (08.01) Motion by Mrs. Lubeck, seconded by Mrs. Benjamin, that Council authorize the Town to participate as an amicus in Nunez vs City of San Diego pending before the United States Ninth Circuit Court of Appeals. Carried unanimously. VASONA HEIGHTS BENEFIT ZONE/LANDSCAPE & LIGHTING DISTRICT #1 (09A.14) Motion by Mrs. Lubeck, seconded by Mrs. Benjamin, that Council continue this item to June 17, 1996. Carried unanimously. HEARINGS FEES/RATES/CHARGES/TOWN SERVICES/RESOLUTION 1996-67/HEARING (10.05) Mayor Attaway stated that this was the time and place duly noted for public hearing to consider adopting resolution continuing certain departmental fees, rates and charges, and amending certain fees, rates and charges. No one from the audience addressed this issue. Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council close the public hearing. Carried unanimously. Motion by Mrs. Benjamin, seconded by Mr. O'Laughlin, that Council adopt Resolution 1996-67 entitled,RESOLUTION OF THE TOWN OF LOS GATOS ADOPTING CERTAIN FEES, RATES AND CHARGES, as delineated in the staff report and the accompanying desk item. Carried unanimously. TC:D8:MM060396 June 3, 1996 Los Gatos, California BRUSH ABATEMENT/RESOLUTION 1996-68/HEARING (11.23) Mayor Attaway stated that this was the time and place duly noted for public hearing to consider adopting resolution overruling objections and ordering abatement of brush as a public nuisance. No one from the audience addressed this issue. Motion by Mrs. Lubeck, seconded by Mr. O'Laughlin, that Council close the public hearing. Carried unanimously. Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, that Council adopt Resolution 1996-68 entitled,RESOLUTION OF THE TOWN OF LOS GATOS OVERRULING OBJECTIONS AND ORDERING ABATEMENT OF BRUSH AS A PUBLIC NUISANCE. Carried unanimously. CAPITAL IMPROVEMENT PROGRAM/RESOLUTION 1996-69 (09.06) Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, to make the following adjustments to the CIP as presented in the staff report: Expenditures for improvements to Town owned properties on Villa Avenue; Rental income from the Town owned properties on Villa Avenue. Carried by a vote of 4 ayes. Mr. Blanton voted no stating possible liability factors. Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, that Council adopt Resolution 1996-69 entitled, RESOLUTION OF THE TOWN OF LOS GATOS APPROVING 1996-01 CAPITAL IMPROVEMENT PROGRAM, including the plaza deck roof repair. Carried unanimously. DOWNTOWN ASSOCIATION/LOS GATOS CATS FESTIVAL/SEPTEMBER 22, 1996 (13.20) Mayor Attaway stated that this was the time and place duly noted to consider Downtown Association request to close North Santa Cruz Avenue for one day (September 22, 1996) for the Los Gatos Cats Festival. The following people from the audience spoke to this issue: Barbra Toren, Orange Blossom, spoke of the plans and organization already underway and asked for Council's support. She noted the extra concern of the Downtown Association in regard to mitigation of impacts to establishments who are open on Sundays, by considerate booth placement and in monitoring waste pick up. Ted Romero, 100 La Paz Ave., Campbell, owner of the House of Brass, noted the severity of impact on his store due to the restriction of foot traffic and the smoke that entered his store due to cooking right in front of his door. He also noted the need for better garbage pick up. No one else from the audience addressed this issue. Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council approve the concept of the closure of North Santa Cruz Avenue for Los Gatos Cats Festival to be held September 22, 1996, with the explicit recommendation that staff work out all conditions and proposals with the Downtown Association prior to the event. Carried unanimously. TC:D8:MM060396 June 3, 1996 Los Gatos, California LOS GATOS BOULEVARD 15780/COMMERCIAL/OFFICE/APPEAL (20.09) Mayor Attaway stated that this was the time and place duly noted for public hearing to consider appeal of a decision of the Planning Commission denying a request for approval of plans to convert an existing single family residence to commercial/office use on property in the CH zone. Property located at 15780 Los Gatos Boulevard. Architecture and Site Application S-95-46. Property Owner: John Tripp. Appellant: John Tripp. The following people from the audience spoke to this issue: John Tripp, 15171 Karl Ave., stated that his building had not been used for a residence and asked that his plans be considered for the commercial zoning on the property. Feels that this project would have less impact on the neighborhood that building a new commercial building, that this project will upgrade the area and keep the residential appearance. Laura Nachison, 115 Ann Arbor Drive, supported the proposal for the residential conversion. Jennifer Liscom, 16592 Camellia Terrace, opposed the conversion and adding a commercial parking lot in a residential neighborhood where children play. Daniel Maxfield, 16636 Farley Road, feels that parking and traffic are too great a problem for this project and the impact to the residential neighborhood has not been considered. No one else from the audience addressed this issue. Motion by Mr. Blanton, seconded by Mr. O'Laughlin, to close the public hearing. Carried unanimously. Motion by Mrs. Lubeck, seconded by Mr. Attaway, that Council grant the appeal making the following findings: The property is zoned commercial; The project maintains the residential appearance of the property; An additional five cars can park on site and off the street; Landscaping will improve the appearance of the corner; That residential amenities are not inherent at this location; The conversion will satisfy all housing goals and policies as set forth in the general plan; Traffic will not adversely effect the residential neighborhood. Motion failed with 2 ayes. Mrs. Benjamin, Mr. Blanton and Mr. O'Laughlin voted no stating the project impacted the neighborhood and that there was an option to build a new project with parking access from Los Gatos Boulevard. Motion by Mrs. Benjamin, seconded by Mr. O'Laughlin, that Council uphold the Planning Commission decision and deny Architectural & Site Application S-95-46. Carried by a vote of 3 ayes. Mrs. Lubeck and Mayor Attaway voted no. COUNCIL COMMITTEE REPORTS There were no Council Committee reports this evening. ADJOURNMENT Motion by Mr. Blanton, seconded by Mrs. Benjamin, that this evening's meeting be adjourned at 8:53 p.m. Carried unanimously. ATTEST: Marian V. Cosgrove Town Clerk TC:D8:MM060396