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M 05-05-97TOWN OF LOS GATOS CALIFORNIA TOWN COUNCIL/PARKING AUTHORITY May 5, 1997 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 7:35 p.m., Monday, May 5, 1997, in regular session. ROLL CALL Present:Randy Attaway, Steven Blanton, Jan Hutchins, Linda Lubeck and Mayor Joanne Benjamin. Absent:None. PLEDGE OF ALLEGIANCE Given by all in attendance. CLOSED SESSION Mayor Benjamin announced that Council had not met in Closed Session this evening. ARTS COMMISSION/PRESENTATIONS/DOLORES BAKER (00.44) Mayor Benjamin presented a commendation from the Town to Dolores Baker thanking her for her years of service on the Arts Commission. Mrs. Baker was present to receive her commendation and thanked Council for the opportunity of being able to serve the Town. 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 1997 (04.V) Motion by Mr. Attaway, seconded by Mrs. Lubeck, that Council ratify the check register for the payroll of April 6, 1997 through April 19, 1997, paid on April 25, 1997, in the amount of $319,584.03. Carried unanimously. ACCOUNTS PAYABLE/RATIFICATION/APRIL 1997 (05.V) Motion by Mr. Attaway, seconded by Mrs. Lubeck, that Council ratify the accompanying check registers for accounts payable invoices paid on April 18, and April 25, 1997 in the amount of TC:D9:MM050597 $453,148.14. Carried unanimously. TC:D9:MM050597 May 5, 1997 Los Gatos, California MINUTES OF APRIL 21, 1997 (06.V) Motion by Mr. Attaway, seconded by Mrs. Lubeck, that Council approve the Minutes of April 21, 1997 as submitted. Carried unanimously. BRUSH/DECLARED A PUBLIC NUISANCE/SETTING PUBLIC HEARING (07.28) Motion by Mr. Attaway, seconded by Mrs. Lubeck, that Council continue this item to May 19, 1997 Town Council Meeting for additional information from staff. Carried unanimously. CLEAN AIR FUNDING/BAY AREA AIR QUALITY MANAGEMENT DISTRICT (08.40) SANTA CLARA VALLEY TRANSPORTATION AUTHORITY/RESOLUTION 1997-40 Motion by Mr. Attaway, seconded by Mrs. Lubeck, that Council adopt Resolution 1997-40 entitled, RESOLUTION OF THE TOWN OF LOS GATOS TO AUTHORIZE TOWN MANAGER TO EXECUTE AGREEMENT WITH THE SANTA CLARA VALLEY TRANSPORTATION AUTHORITY, FOR CLEAN AIR FUNDS APPROVED BY THE BAY AREA AIR QUALITY MANAGEMENT DISTRICT FOR 1996-97. Carried unanimously. TOP OF THE HILL ROAD 7/ANNEXATION (09.14) Motion by Mr. Attaway, seconded by Mrs. Lubeck, that Council continue this item to June 16, 1997 Town Council Meeting so that the petitioners can meet a condition of approval of the Architecture and Site Application to the site (S-95-90). Carried unanimously. STORM DRAIN IMPROVEMENTS/UNION & BLOSSOM HILL/RESOLUTION 1997-41 (10.37) Motion by Mr. Attaway, seconded by Mrs. Lubeck, that Council adopt Resolution 1997-41 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO ENTER INTO A REIMBURSEMENT AGREEMENT WITH GREENBRIAR LAND COMPANY FOR OVERSIZING THE STORM WATER DRAINAGE SYSTEM ON BLOSSOM HILL ROAD, as corrected and amended in the desk item before Council this evening. Carried unanimously. HEARINGS VALET PARKING/PUBLIC & PRIVATE LOTS/ZONING AMENDMENT A-96-5/HEARING (11.46) Mayor Benjamin stated that this was the time and place duly noted for public hearing to consider amending Town Code Chapter 29, Division 4. Parking to allow pay and valet parking on public and private lots. It has been determined that this Town Code Amendment will not have a significant impact on the environment, and is, therefore, exempt from the requirements of the California Environmental Quality Act, Zoning Ordinance Amendment A-96-5. Applicant Town of Los Gatos. No one from the audience addressed this issue. Motion by Mr. Blanton, seconded by Mr. Attaway, to continue this item to June 16, 1997 when the Downtown Parking Strategic Planning Advisory Committee will be appointed by Council. Carried unanimously. TC:D9:MM050597 May 5, 1997 Los Gatos, California HEARINGS CONTINUED LOS GATOS BOULEVARD 15960/HIGH TECH BURRITO/APPEAL (12.09) Mayor Benjamin stated that this was the time and place duly noted for public hearing to consider appeal of a Planning Commission decision denying a Conditional Use Permit for a restaurant with indoor beer and wine service with meals, and outdoor seating on property zoned C-1. Project Application PRJ-97-003. Property Location: 15960 Los Gatos Boulevard. Property Owner: Carl Cilker. Applicant: High Tech Burrito Corporation. Appellant: Brian Malone. The following people from the audience spoke to this issue: Brian Malone, High Tech Burrito Corporation, 3020 Kerner Blvd., San Rafael, and 1136 Leah Drive, Navato, explained the history of the application and the review by Planning Commission. David Greensfelder, 955 Ordway Street, Albany, gave the background of the company and explained the type of service and food preparation policies. Frank Jones, 112 Bellhaven Drive, supported the application as a resident and told of visiting their establishment at another location. Carl Cilker, Cilker Orchards, 1631 Willow Street, San Jose, spoke of the compatibility of the proposed restaurant project tho the stated guidelines of the Los Gatos Boulevard Plan. He submitted photographs for the record. 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. Hutchins, to reverse the Planning Commission's decision and grant the appeal. To establish the conditions of approval and grant the conditional use permit. To find that the Commission cited a Town policy and plan that have not been adopted by Council. That Council make the findings included in the staff report as follows: The use is desirable and convenient to the public welfare, by providing this service and product outside of the downtown area, and by providing service on Los Gatos Boulevard; The area is zoned and designed for the purposed use; The proposed use is not detrimental to the health and safety of the public welfare as it will meet all the food, health safety and ventilation codes; There is nothing in the proposal which is contrary to the General Plan or Zoning Ordinances; This use does not contain a stand alone bar or entertainment, and the hours are conforming to the Town's alcohol policy. Carried by a vote of 4 ayes. Mr. Attaway voted no, so as to be consistent with his previous vote concerning fast food restaurants in Los Gatos. PREFERENTIAL PARKING DISTRICT/OLIVE STREET/RESOLUTION 1997-42 (13.44) Mayor Benjamin stated that this was the time and place duly noted to consider adopting resolution establishing the Olive Street Preferential Parking District and concurrently limiting on street parking by alternating red curb. (continued on next page) TC:D9:MM050597 May 5, 1997 Los Gatos, California HEARINGS CONTINUED PREFERENTIAL PARKING DISTRICT/OLIVE STREET CONT. The following people from the audience spoke to this issue: Pam Petersen, 133 Olive, does not agree with red zone in front of her house. Steffanie Lynott, 104 Olive, spoke of the impact of the businesses on the neighborhood parking. She submitted a petition for the 24 hour a day, 7 days a week permit parking. She asked for prohibition of commercial vehicles and trucks on Olive Marc Jensen, 102 Olive, favors 24 hour permit parking and the red zone. Mike Kronzer, 129 Olive, preferred the preferential parking be limited to business hours of 8 a.m. to 8 p.m., and not on week ends. Beth Edwards, 131 Olive, submitted a letter supporting the previous speaker. Tom Pink, 120 Olive, spoke in favor of 24 hour permit parking. Jo Hood, 118 Olive, would except red in front of her house since she has a driveway. She is in favor of 24 hour permit parking 7 days a week. Mark Garcia, 137 Olive, preferred permit parking from 8 to 8 on weekdays, and a red zone on the north side. Steve Pace, 125 Olive, prefers 24 hour permit parking. Karla Malechek, 107 Olive, would like all the parking that is now available to remain for the residents, and supports 24 hour permit parking. Barbara Franza, 121 Olive, she does not have a driveway, and supports 24 hour permit parking. Jan Kronzer, 129 Olive, questioned the signs that will be installed. Frank Jones, 115 Bellhaven, questioned the decision making process being used on this item. No one else from the audience addressed this issue. Motion by Mr. Blanton, seconded by Mr. Attaway, that Olive Street become a 24 hour, 7 days a week, preferential parking district. Motion by Mrs. Benjamin, seconded by Mr. Hutchins, that Council adopt Resolution 1997-42 entitled, RESOLUTION OF THE TOWN OF LOS GATOS PROHIBITING PARKING EXCEPT BY PREFERENTIAL PARKING PERMIT ON OLIVE STREET, which will be on a six month trial period and return to Council with a report on its success. Carried unanimously. SERVICE CREDIT FOR CLASSIFICATION/RESOLUTION 1997-43 (14.10) DIRECTOR OF PARKS, FORESTRY & MAINTENANCE SERVICES Motion by Mrs. Lubeck, seconded by Mr. Attaway, that Council adopt Resolution 1997-43 entitled, RESOLUTION OF THE TOWN OF LOS GATOS GRANTING TWO YEARS ADDITIONAL SERVICE CREDIT FOR THE CLASSIFICATION OF DIRECTOR OF PARKS, FORESTRY AND MAINTENANCE SERVICES. Included is the notation that this is a one time action because this position is being eliminated, and PERS is only allowing this one time payment through June 30th 1997, after which this PERS program will be eliminated. This motion includes authorization for a one time payment to PERS. Carried unanimously. TC:D9:MM050597 May 5, 1997 Los Gatos, California FEE WAIVER/POLITICAL SIGN REMOVAL/TOWN RIGHT-OF-WAY (15.EL) Frank Jones, 115 Bellhaven Drive, spoke in defence of his position that he should not be assessed a fee for a sign he knew nothing about. Motion by Mr. Attaway, to waive the sign removal fee, and develop a clear policy regarding notification practices during the campaign period and that during the last week the signs will be removed and the fee accessed without notification. Motion was withdrawn. Motion by Mr. Hutchins, seconded by Mrs. Lubeck, to deny the request and develop a Town policy delineating clear notification procedures informing the candidate that he will be held responsible for the $50 fee for each illegally placed sign that the Town has to remove, especially during the last five days before the election when the candidate will not receive prior notice of the removal. Carried unanimously. COUNCIL COMMITTEE REPORTS (26.10) Mrs. Benjamin reported on Court visits which Council had been invited to attend. She attended Juvenile Court and told of the large docket and work load involved. She also visited the Treatment Court which helps find solutions for drug and alcohol abusers. A team approach incorporating all government and social agencies associated with the case is organized into one cohesive rehabilitation program. Judges Larry Terry from Superior court and Steven Manley from Municipal Court were in charge of the cases. Mrs. Benjamin had a copy of the book "Somebody Else's Children" by Judge Edwards to share with anyone interested. ADJOURNMENT Motion by Mr. Blanton, seconded by Mrs. Lubeck, that this evening's meeting be adjourned at 9:32 p.m. Carried unanimously. ATTEST: Marian V. Cosgrove Town Clerk TC:D9:MM050597