Loading...
M 11-01-82TOWN OF LOS GATOS TOWN COUNCIL MEETING NOVEMBER 1, 1982 TOWN COUNCIL The Town Council of the Town of Los Gatos met in the Council Chambers of the Town Hall at 7:37 p.m., in regular session. ROLL CALL PRESENT: Ruth Cannon, Thomas J. Ferrito Marlyn J. Rasmussen, Peter W. Siemens and Mayor Brent N. Ventura. ABSENT: None. PLEDGE OF ALLEGIANCE Given by all in attendance. SISTER CITY PROGRAM The Town Manager reported only one application was received for said committee. Mr. Ferrito moved this be continued and readvertised. Staff notify the one applicant that appointments will be made at a later date. Mr. Siemens seconded. Unanimously carried. REPORT ON CLOSED SESSION Mayor Ventura stated Council had met in closed session prior to the Council meeting and had discussed the following: Personnel matter Toll House litigation and reaffirmed Council's previous action authorizing the Town Attorney to seek a stay. Carried by a vote of three to two. Upperty lawsuit and potential litigation. EX-AGENDA ITEMS The following items were added to the agenda: 11a. Tait Avenue traffic regulations. 3b. Letter from D. Davidson regarding planting of a tree in memory of Jack Austin. 25a. Adoption of Ordinance amending Zoning Ordinance to bring zones in conformance with the adopted Downtown Specific Plan. 28. Discussion regarding cruising report. 28a. Report on policy regarding County Communications. CIVIC CENTER RESTROOM MODIFICATION BID AWARD The Town Manager referred to staff report regarding bids on said project and stated bid documents called for an alternate bid item to adjust the entrance doorway to permit extension of one stall to provide a clear distance of 48" from the toilet to the stall door. The distance is required by Code for new installations but may be waived by Council with a finding that it is an unreasonable requirement because of existing conditions. Low bid for the project was $6,275.00 and there would be an additional cost of $1,775.00 for this modification. Mrs. Cannon moved to award the bid to Associated Builders, Inc., based on their low base bid of $6,275.00, with an additional $1,775.00, for the modifications to comply with the code. Mrs. Rasmussen seconded. Unanimously carried. BID AWARD TOWN VEHICLE & EQUIPMENT Mrs. Cannon moved to accept staff recommendation and award the bids for vehicles and equipment as follows: Pressure Washer-bid be awarded to Tractor Equipment Sales Company in the amount of $2,349.94. Concrete Saw & Trailer-bid be awarded to Ricker Machinery Co., in the amount of $4,579.50. Concrete Mixer-bid be awarded to Edward Bacon Co., in the amount of $2,279.10. Patch Truck-continue the awarding of bid to November 15, 1982. Tilt Bed Trailer-award bid to Western Traction Co., in the amount of $9,304.91. Sprayer-award bid to Tractor Equipment Sales Co., in the amount of $4,952.25. Rodder-award the bid to San Rafael Equipment Co., in the amount of $16,474.96. Mayor Ventura seconded. Unanimously carried. WRITTEN COMMUNICATIONS (referral/file) a. Letter from Pacific Telephone Company regarding Notice of hearing before the Public Utilities Commission relative to rate adjustment. Refer to staff for further investigation. b. Letter from Doris Davidson, Secretary of Jack A. Austin Memorial Fund, requesting permission for the fund to donate at least one tree to the Town of Los Gatos in memory of Jack Austen. Mrs. Cannon moved Council approve request for the donation of a tree to the Town and that Doris Davidson be requested to firm up all details concerning the donation with the Superintendent of Parks. Mr. Ferrito seconded. Unanimously carried. NOTICE OF COMPLETION Mrs. Cannon moved Council accept staff recommendation and approve the Certificate of Acceptance and Notice of Completion on the following: a. Los Gatos Swim and Racquet Club, 14700 Oka Road. b. Downtown Bicycle Racks, Project 260-SS, Carl Bumpass. Mr. Ferrito seconded. Unanimously carried. PLANNING REPORT Mrs. Cannon moved to accept the Planning Departments monthly report for November, 1982. Mr. Ferrito seconded. Unanimously carried. COSENTINO DRAINAGE Mrs. Cannon moved for adoption of Resolution No. 1982-198, entitled, RESOLUTION AUTHORIZING MAYOR TO EXECUTE AGREEMENT REGARDING MARINO A COSENTINO AND SIGN SETTLEMENT AGREEMENT, and approve a supplemental appropriation of $1,000.00 from the General Fund appropriated Reserve for the installation of a drainage ditch along the northerly line of the Cosentino property. Mr. Ferrito seconded. Unanimously carried. MANZANITA RIDGE OPEN SPACE PRESERVE Information for Council. PUBLIC HEARINGS Schedule of public hearings for Council information. OAK MEADOW PARK CONSTRUCTION PROJECT Mrs. Cannon moved Council accept staff recommendation and approve Park Commission's request to authorize construction of a storage area and cover over one bocci court at Oak Meadow Park. Mr. Ferrito seconded. Unanimously carried. HAROLD JOHNSON DISABILITY Mrs. Cannon moved for adoption of Resolution No. 1982-199 entitled, A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DETERMINING THE DISABILITY RETIREMENT OF HAROLD A. JOHNSON. Mr. Ferrito seconded. Unanimously carried. HOUSING CONSERVATION PROGRAM Mrs. Cannon moved for adoption of Resolution No. 1982-200, entitled A RESOLUTION AUTHORIZING THE EXECUTION OF AGREEMENTS FOR ARCHITECTURAL SERVICES FOR THE HOUSING CONSERVATION PROGRAM, authorize the Manager to execute said agreement on behalf of the Town. Mr. Ferrito seconded. Unanimously carried. TAIT AVENUE TRAFFIC REGULATIONS Mrs. Cannon moved for adoption of Resolution No. 1982-201 entitled, A RESOLUTION AUTHORIZING STOP SIGNS ON TAIT AVENUE AT ALMENDRA, NICHOLSON AND BEAN AVENUES. Mrs. Ferrito seconded. Unanimously carried. WRITTEN COMMUNICATIONS (for action) Letter from Mimi Baca requesting Council's approval of Western Federal Savings to hold their 6th annual GREAT RACE at 9:00 a.m., Sunday, January 9th, 1983. Mr. Ferrito moved Council grant request. Mrs. Rasmussen seconded. Unanimously carried. Mimi Baca spoke on behalf of the race, stating the proceeds of the race would benefit the Los Gatos Athletic Association. OCTOBER PAYROLL Mrs. Rasmussen moved to approve the October payroll. Mrs. Cannon seconded. Unanimously carried. HCDA NINTH YEAR BLOCK GRANT PROGRAM Mayor Ventura stated this was the time and place duly published for public hearing regarding the Community Development Block Grant Program. Hill Cody, Community Programs Director, stated the Town must address priority needs in the categories of Community Housing; Guaranteed Housing Projects for Cities and Community Development. Paul Collins, District Superintendent of the Los Gatos Joint Union High School District, presented Council with a list of needed school facilities modifications to provide handicapped access and the estimated cost of each modification. He stated he is requesting monetary assistance from the Town as the school is utilized by citizens of all ages who wish to attend the many activities offered. This request is in the amount of $55,000. Mr. Jim Lewis spoke on behalf of this request. After some discussion, Mrs. Cannon moved this be referred to the CSDC for report and recommendation and hearing be continued to November 15, 1982. Mrs. Rasmussen seconded. Unanimously carried. APPEAL NEW MAGOOS Mayor Ventura stated this was the time and place duly noted for continued public hearing on the appeal of Planning Commission's decision in determining the unlawfulness of an intensification of the nonconforming use known as New Magoo's Pasta Pizzeria at 354 N. Santa Cruz Avenue. It was noted that appellant requested in writing the withdrawal of the appeal. No one in the audience wished to speak on this issue. Mrs. Rasmussen moved hearing be closed. Mrs. Cannon seconded. Unanimously carried. Mrs. Cannon moved Council grant the request withdrawing said appeal. Mrs. Rasmussen seconded. Unanimously carried. BANDOV 4 LOT SUBDIVISION Mayor Ventura stated this was the time and place duly noted for continued public hearing on application for tentative map for a 40 lot subdivision at 17962 Daves Avenue. Lee Bowman, Planning Director, explained to Council the modification of the tentative map and conditions set forth by Planning Commission. Mr. Bandov spoke on said issue. No one else wished to speak on this issue. Mrs. Rasmussen moved hearing be closed. Mr. Siemens seconded. Unanimously carried. Mrs. Rasmussen moved Council approve modification of the approved tentative map for a 4-lot subdivision at the end of Kavin Lane and Oak Knoll Drive (Bandov) subject to the following conditions: < Phase 1 1. The applicant shall file a parcel map to the satisfaction of the Town Engineer showing Lots 1, 3 and 4 as Phase 1 and lot 2 as Phase 11 (Lot 2 is not a building site until those certain dedication and improvement conditions described under Phase 11, below, are satisfied). 2. Right -of-way and easements shall be dedicated to the satisfaction of the Town Engineer as follows: a. Oak Knoll Drive along the northerly frontage of lot 4 (Los Gatos). Twenty feet (20') wide with provisions for a thirty six foot (36') radius "knuckle" at the intersection of lots 1 and 4. b. Oak Knoll Drive between Daves Avenue and Lots 1 and 4 (Monte Sereno). Forty feet (40') wide. The alignment of Oak Knoll Drive is to be relocated to enter Daves Avenue opposite Palos Verdes Drive. c. Slope easements as required. d. Storm drainage easements as required. e. Public utility easements as required. 3. The following improvements shall be guaranteed by contract and bond, to the satisfaction of the Town Engineer: a. Oak Knoll Drive along the Northerly frontage of lot 4 and a portion of lot 1 (Los Gatos). Eighteen feet (18') curb to edge of pavement, including vertical curb and gutter (south side), paving, storm and sanitary sewers, water main, street lighting, masonry retaining walls and signing, with provisions for a thirty-two foot (32') radius "knuckle" at the intersection of Lots 1 and 4. b. Oak Knoll Drive along the westerly frontage of Lot 4 and a portion of Lot 3 (Monte Sereno). Eighteen feet (18') curb to edge of pavement, including vertical curb and gutter (east side), paving, and required utilities. c. Oak Knoll Drive between Daves Avenue and Lots 1 and 4 (Monte Sereno). Thirty- three feet (33') curb-to-curb, including curbs, gutter, paving and required utilities. d. Storm and sanitary sewers and all other utilities as required to serve Lots 1 and 4, including additional overflow/release protection as required along the northerly line of the subdivision and within the existing storm drainage easement which lies between the easterly line of the subdivision and Kavin Lane. 4. The developer shall enter into a reimbursement agreement with the City of Monte Sereno for the realigned portion of Oak Knoll Drive within Mont Sereno. The agreement shall provide for the sharing/reimbursement of costs for the improvements associated with the realignment of Oak Knoll Drive opposite Palos Verdes Drive. 5. The applicant shall provide a soils engineering report specifying grading, retaining wall, foundation, and pavement design criteria, to the satisfaction of the Town Engineer. 6. The existing house on Lot 3 shall be connected to the sanitary sewer. 7. The applicant shall provide final grading, drainage, erosion control, and masonry retaining wall plans, to the satisfaction of the Town Engineer. 8. An interim paved fire truck turnaround shall be constructed on Lot 3, to the satisfaction of the Central Fire District. 9. The applicant shall enter into a recordable agreement with the Town, providing that Lot 2 is not a legal building site until the conditions of approval for Phase 11 (below) are satisfied. Phase 11 1. Right-of-way and easements shall be dedicated to the satisfaction of the Town Engineer as follows: a. Oak Knoll Drive along the southerly frontages of Lots 2 and 3 (Los Gatos). Fifty feet (50') wide with provisions for a thirty-six foot (36') radius cul-de-sac bulb at the easterly terminus of Oak Knoll Drive extension. b. Oak Knoll Drive along the westerly frontage of Lots 3 and 4 (Monte Sereno), fifty feet (50') wide, the northerly frontage of Lot 4 an additional; 20' total 40'), lying northerly of and adjacent to the dedication required in Condition 2a (Phase 1) above. c. Combination emergency access, public utility and Santa Clara Valley Water District easement between Kavin Lane and the easterly terminus of Oak Knoll Drive extension twenty foot (20' wide. 2. The following improvements shall be guaranteed by contract and bond, to the satisfaction of the Town Engineer: a. Oak Knoll Drive across the southerly frontages of Lots 2 and 3 (Los Gatos), thirty- three feet (33') curb to curb with a thirty two foot (32') radius cul-de-sac bulb at the easterly terminus, including vertical curb, gutter, paving, storm and sanitary sewers, water main, street lighting, masonry retaining walls and signing. b. Oak Knoll Drive across the westerly frontages of Lots 3 and 4 and northerly frontage of Lot 4 (Monte Sereno), lying westerly and northerly of the improvements required in Conditions 3a and 3b (Phase 1) above to provide for a thirty-tree foot (33') curb-to-curb width, including vertical curb, gutter, paving and required utilities. c. Emergency vehicle access, including completion of the street improvements at the northerly end of Kavin Lane and constructing a 12 foot-wide emergency vehicle access and a 4.5 foot wide concrete pedestrian walkway between the northerly end of Kavin Lane and easterly end of the extension of Oak Knoll Drive. The improvements shall consist of curb, gutter sidewalk, paving, tree removal and initial pruning of the Eucalyptus trees under the supervision of the Superintendent of Parks and Forestry, and emergency access control to the satisfaction of the Central Fire District and the Police Department. Access for the Santa Clara Valley Water District shall be provided along the access road, to the satisfaction of the Santa Clara Valley Water District. d. Storm and sanitary sewers and other utilities as required under Phase 11. Mr. Ventura seconded. Carried by a vote of four ayes. Mr. Ferrito voted no. APPEAL FORBES MILL OFFICE BUILDING CONDITIONS Mayor Ventura stated this was the time and place duly published for public hearing on the appeal of Planning Commission's approval of a time extension of Architecture and Site Application S-79-20E, Forbes Mill Office Building and requesting an added condition being placed on said approval. Mrs. Dorothy O'Neil, 55 Church Street, spoke on this issue and asked Council to enforce the former agreement and wants it to be binding on all future owners. Eric Brandenburg, President of Homeowner's Association, spoke on conditions of approval. David Hoffman, stated the fountain is operative and asked that n extension be granted Mrs. William McGeorge, wants assurance the Plaza and fountain will be kept up and maintained. No on else wished to speak on this issue, Mr. Ferrito moved hearing be closed. Mrs. Cannon seconded. Unanimously carried. Mr. Ferrito moved Council grant the appeal with the findings that the Planning Commission erred as it did not fully understand the assumptions or implications in all past hearings and negotiations between the original developers and the Town, and that the Town add 2 conditions to the extension as follows: 1. That the fountain be operated continuously from 9:00 a.m. to 9:p.m., each day and be maintained. 2. That the lights that currently exist in fountain and throughout the Plaza, be maintained and left on during the hours of darkness each day. Mrs. Rasmussen seconded. Mr. Siemens asked for an amendment to the motion and add a third condition. 3. That landscaping be maintained to the satisfaction of the Town and require the Developer to enter into an agreement with the Town. Mr. Ferrito accepted said amendment to the motion as did Mrs. Rasmussen. Vote on the motion was unanimous. The Town Attorney is to prepare the necessary resolution and present to Council at the next meeting. RECESS Mayor Ventura declared a recess. Meeting reconvened at 9:07 p.m. APPEAL STOP N GO MARKET Mayor Ventura stated this was the time and place duly published for public hearing for appeal of Planning Commission's approval of Conditional Use Permit Application U-82- 18 at 445 Leigh Avenue and requesting modifications of the conditions of approval. Andrew Faber, Attorney for Stop N Go Market, requested continuance for hearing to allow him more time to meet with the neighbors in the area and try and work out any problems. Mr. Moore, representing the neighborhood committee, asked that hearing be held as scheduled. After some discussion, Mrs. Rasmussen moved Council deny the request for continuance and hearing be held as noticed. Mr. Siemens seconded. Unanimously carried. Mr. Faber, Attorney, then questioned H. Williams, District Store Manager at Leigh Avenue. Mr. Williams spoke on the improvements of the store and the problems relating to neighbors complaints over the 13 month period he had been associated with the sore. Mr. Faber then questioned Mr. J. Coen, Division Manager of National Convenience Store. Mr. Coen reported on loss of sales revenue by not being open for 24 hours. Mr. Faber presented Council members with a report showing loss of revenues. Residents of the area who spoke were Gordon Jones, Joe Mass, Rick Miller, Mr. & Mrs. Kjergard, Paul Morris, Clifford Thompson, Ralph Donnelly, Doug Morris, Mrs. Lane, Larry Walsh and Len Brothers. They spoke on the problems of littering, loitering, drug and alcohol abuse, reckless driving, and vandalism on or about the premises of the store. This has been going on for 16 years. Acting Chief Schuster spoke on calls the Police Department had responded to over a period of one year. After further discussion and no one else wished to speak, Mrs. Rasmussen moved hearing be closed. Mr. Siemens seconded. Carried unanimously. Mrs. Rasmussen moved to deny the appeal with findings that the Planning Commission is correct. The current operation constitutes a long-standing nuisance to the neighborhood and the Town Attorney be instructed to prepare the necessary resolution stating the findings and present to Council at the next meeting. Mr. Ferrito seconded. Unanimously carried. Mrs. Rasmussen left Council Chambers. CLAIM FOR DAMAGES OLIVER Mrs. Cannon moved to accept staff recommendation and claim for damages filed on behalf of Helen and Clifton Oliver be denied. Mayor Ventura seconded. Carried by a vote of four ayes. APPEAL BRUNELLO 133 N. SANTA CRUZ AVENUE Mrs. Cannon moved for adoption of Resolution No. 1982-202 entitled, RESOLUTION DENYING APPEAL OF DECISION OF BUILDING OFFICIAL BUT ALLOWING DEFERRAL OF IMPROVEMENTS. Mayor Ventura seconded. Carried by a vote of four ayes. APPEAL GUM TREE LANE (ANGELL) Mayor Ventura moved for adoption of Resolution No. 1982-203 entitled, RESOLUTION DENYING APPEAL FROM PLANNING COMMISSION (15690 Gum Tree Lane-Angell). Mr. Siemens seconded. Carried by a vote of four ayes. CABLE TV CONSULTANT Mr. Siemens moved to accept staff recommendation and authorize the expenditure of up to $2,500, for additional consultation with Attorney William Marticorena in finalizing cable television ordinance and franchise agreement, (from contingency fund). Mrs. Cannon seconded. Carried by a vote of four ayes. Mrs. Rasmussen returned to Council Chambers. YOUTH ADVISORY COMMISSION EXTENSION Mr. Ferrito moved for adoption of Resolution No. 1982-204 entitled, A RESOLUTION ESTABLISHING THE YOUTH ADVISORY COMMISSION, and instruct the Town Clerk to advertise for applicants for said commission. Mr. Siemens seconded. Unanimously carried. WESTWOOD CONST. 16349 AZTEC RIDGE Mr. Siemens moved this matter be continued to the next meeting of November 15, 1982. Mrs. Cannon seconded. Unanimously carried. ORCHARD STREET IMPROVEMENTS Mr. Ferrito moved this matter be continued to next meeting of November 15, 1982. Mr. Siemens seconded. Unanimously carried. POLLARD ROAD PARKING PROHIBITION Mrs. Rasmussen moved for adoption of Resolution No. 1982-205 entitled, BUS LOADING ZONE-POLLARD ROAD. This extends the bus loading zone in front of the Los Gatos Community Hospital. Mr. Siemens seconded. Unanimously carried. AMENDMENT TO ZONING ORDINANCE RE DOWNTOWN SPECIFIC PLAN Mr. Siemens moved for adoption of Ordinance No. 1557 entitled, AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONING ORDINANCE EFFECTING ZONE CHANGE NO 62 TO BRING THE ZONES IN CONFORMANCE WITH THE ADOPTED DOWNTOWN SPECIFIC PLAN--PHASE 11. Mrs. Rasmussen seconded. Unanimously carried. COMMUNITY SERVICES AND DEVELOPMENT COMMISSION Mr. Siemens moved for adoption of Resolution no 1982-206 entitled, A RESOLUTION AMENDING THE TOWN'S COMMUNITY SERVICES AND DEVELOPMENT COMMISSION. Mr. Ferrito seconded. Unanimously carried. HCD CITIZENS ADVISORY COMMITTEE Mr. Siemens moved to accept staff recommendation and appoint Community Services and Development Commissioner, Jo F. Bartlett, E. Louthian, as the alternate. Mrs. Cannon seconded. Unanimously carried. COUNCIL REPORTS Mr. Ferrito requested staff to prepare an expanded report on the Cruising Ordinance requesting this include persons age, gender, type of Vehicle (year and model), residence and how the two new laws are being enforced and number of citations and given under each Ordinance. Mr. Siemens questioned County Communications Dispatcher policy and procedures regarding responding to Police calls. The Town Manager gave a verbal report to Council stating the policy and procedures of the Communication Center is that all action calls are dispatched immediately, unless no officers are available. Calls held due to unavailability of Police officers are held until such time as an officer is available. When there is a conflict, then the Watch Supervisor is notified immediately and they can make an assignment. Discussion was held regarding using 911 emergency number. ADJOURNMENT Meeting was declared adjourned at 12;38 A.M.