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M 10-15-84TOWN OF LOS GATOS CALIFORNIA TOWN COUNCIL/PARKING AUTHORITY AGENDA OCTOBER 15, 1984 TOWN COUNCIL/ PARKING AUTHORITY The Town Council and the Parking Authority met jointly in the Council Chambers of the Town Hall at 7:35 p.m. in regular session. ROLL CALL PRESENT:Joanne Benjamin, Eric D. Carlson, Terrence J. Daily, Brent N. Ventura and Mayor Thomas J. Ferrito. ABSENT:None. PLEDGE OF ALLEGIANCE Given by all in attendance. CLOSED SESSION REPORT Mayor Ferrito stated Council had met in Close Session prior to the Council meeting and discussed personnel matters and potential litigation. Mayor Ferrito, also reported on the Closed Session meeting held October 9, 1984, stating they had discussed a personnel matter. PARKING AUTHORITY Staff reported that a review committee composed of Mayor Ferrito; Vice-Mayor Benjamin; three parking commissioners, and staff interviewed six Economic Consultant proposers on Friday, October 12, 1984. It was a unanimous recommendation of the committee that the Town contract with Rauscher Pierce Refsnes, Inc. and Wilbur Smith and Associates, Inc. Mr. Carlson moved to accept staff recommendation and adopt Resolution No. 1984-180 entitled, A RESOLUTION AUTHORIZING THE MAYOR AND TOWN MANAGER NEGOTIATE AND EXECUTE A CONTRACT WITH RAUSCHER PIERCE REFSNES, INC. AND WILBUR SMITH AND ASSOCIATES, INC. Mrs. Benjamin seconded. Carried unanimously. PARKING COMMISSION REPORT It was consensus of Council to accept the information report concerning Parking Commission activities. This concludes the portion of Parking Authority agenda and regular Council meeting will continue. PRESENTATION Mayor Ferrito accepted the 4 year safety award plaque presented to the Town from Mr. William Goldman of the California State Automobile Association. Mayor Ferrito presented Resolutions of Commendation to former Youth Advisory Commissioners Julie Nunez, Kevin Whyte, Cristin Clarke, Beth Edwards, Karen Warren and Tyler Reed. Mayor presented Resolution of Commendation to Cultural Commissioner June Fromm.s BID AWARD BRUSH CHIPPER Staff reported that two bids were received, ranging from low bid of $10,634.03 to high bid of @12,140.58. Mr. Daily moved to accept staff recommendation and award the bid for the purchase of Brush Chipper to Sierra Moreno Mercantile in the amount of $10,634.03. Mrs. Benjamin seconded. Carried unanimously. BID AWARD SEWER & CATCH BASIN CLEANER Staff reported that five bids had been received ranging from low bid of $122,551.68 to high bid of $132,669.18. It was noted that the low bidder did not meet specifications in major mechanical and design areas. Mr. Daily moved to accept staff recommendation and award the bid, for the purchase of Truck mounted Combination Sewer and Catch Basin Cleaner, to San Rafael Equipment for the bid amount of $124,140.66 without a trade in. Mrs. Benjamin seconded. Carried unanimously. COMMUNICATIONS (referral/file) a.Letter from Margaret Nanda regarding Forbes Mill Condominium Commercial Structure. Mr. Daily moved to refer this communication to Planning Director for report back to Council on November 5, 1984. Mrs, Benjamin seconded. Carried unanimously. b.Letter from Rev. Larry Walton re Los Gatos Christian Church application. Mr. Daily moved this communication be referred to Planning Commission for information. Mrs. Benjamin seconded. Carried unanimously. c.Communication from Russell Smith (Screen-A-Room) re Villa Vasona project. Mr. Daily moved this communication be referred to Town Manager and Town Attorney for information. Mrs. Benjamin seconded. Carried unanimously. d.Caltrans District 4 proposal update. Mr. Daily moved to refer this report to Town Engineer and request a staff report to Council on the possible impacts to the Town. Report to be submitted to Council on November 19, 1984. Mrs. Benjamin seconded. Carried unanimously. Mayor Ferrito requested that a copy of Caltrans report be sent to "Safe on 17" organization. PUBLIC HEARING SCHEDULE Information for Council. STREET RESURFACING PROJECT 301 Mr. Ventura moved for adoption of Resolution No. 1984-181 entitled, RESOLUTION APPROVING THE STREET RESURFACING AGREEMENT WITH THE COUNTY OF SANTA CLARA, (this is for resurfacing Shannon Road from Los Gatos Boulevard to Short Road) and Mayor be authorized to sign on behalf of the Town. Mr. Daily seconded. Carried unanimously. COUNTY SOLID WASTE MGMT. PLAN AMENDMENT Mr. Daily moved for adoption of Resolution No. 1984-182 entitled, RESOLUTION SUPPORTING EXPANSION OF THE PACHECO PASS SANITARY LANDFILL. Mrs. Benjamin seconded. Carried unanimously. YOSEMITE WAY DRAINAGE Mr. Gerhardt spoke to Council re his concerns on the plans for the drainage project and asked for clarification of Councils' intent. Mr. Ron Hadfield, neighbor of the Gerhardts stated he is also concerned re the concept plans and would like the chance to discuss said plans. Mr. Carlson moved Council defer construction until Spring 1985 abd direct staff to work with the Gerhardts and neighbors to reach a consensus on the improvements . Mr. Ventura seconded. Carried unanimously. LARK AVE. SIGNAL PROJECT 292 GF/AR Staff referred to Environmental assessment and reported the consultants determined that the project does not appear to have a significant effect on the environment. Mr. Daily moved to accept staff recommendation; make the Negative Declaration and authorize staff to transmit this to Caltrans for incorporation into their project report. Mrs. Benjamin seconded. Carried unanimously. SAN BENITO CLOSURE PROJECT 304 Staff reported that on September 4, 1984 Council adopted Resolution No. 1984-152, approving plans and specifications and set bid opening for October 3, 1984. No bids were received and staff requests authorization to readvertise and reschedule the bid opening for November 7th, 1984. Mr. Daily moved to direct staff to readvertise and reschedule the bid opening for November 7th, 1984. Mrs. Benjamin seconded. Carried unanimously. LEASE - LOS GATOS BUS STATION Mr. Daily moved for adoption of Resolution No. 1984-183 entitled, A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO EXECUTE CONSENT TO ASSIGNMENT AND ACCEPTANCE BETWEEN GREYHOUND LINES, INC., AND PEERLESS STAGES, INC. RELEASING GREYHOUND LINES, INC., FROM ALL OBLIGATIONS UNDER THE LEASE ARISING AFTER APRIL 30, 1985. Mrs. Benjamin seconded. Carried unanimously. APPEAL 15000 LOS GATOS BOULEVARD Mr. Daily moved for adoption of Resolution No. 1984-184 entitled, RESOLUTION GRANTING APPEAL FROM DECISION OF BUILDING OFFICIAL THAT ALL SANITARY FACILITIES BE HANDICAPPED ACCESSIBLE IN A NEW OFFICE BUILDING (15000 Los Gatos Boulevard - Live Oak Medical) Mrs. Benjamin seconded. Carried by vote of four ayes. Mayor Ferrito voting no. ANNUAL STREET REPORT - AUDIT Mr. Daily moved Council accept the audit of the Annual street report and direct staff to proceed with implementation of the audit recommendation. Mrs. Benjamin seconded. Carried unanimously. VILLA VASONA OCCUPANCY Information for Council re delay in occupancy of the Villa Vasona project. The Town is in receipt of an agreement between Town and Villa Vasona Ltd. concerning completion of handicapped adaptability work, along with the required bonds and insurance certificates. Buildings 1 and 2 of the project were released for occupancy by the Town on October 11, 1984. Mr. Sheehan anticipates actual occupancy will take place October 15th or 16th, depending on HUD inspection. CODE ENFORCEMENT REPORT Mr. Daily moved Council accept the Code Enforcement Officer's quarterly report of 7/1/84 through 9/30/84. Mrs. Benjamin seconded. Carried unanimously. COUNTY REFERRALS Mr. Carlson moved to modify staff recommendation on the following: 2175-30-48-848-84DR Aztec Ridge Road Hogan Design review. Direct staff to notify the County to deny the request as this does not conform with the Hillside Plan and not in keeping with the spirit of the plan. Mr. Daily seconded. Carried unanimously. SAN JOSE REFERRAL Mr. Daily moved re PDC 83-12-104EIR - Los Gatos Country Club, Inc., to direct staff to address the City Council of San Jose and present the Town Council's strong objections to the approval of the project with or without provisions for intersection improvements at the Blossom Hill/Union Avenue intersection improvements at the Blossom Hill/Union Avenue intersection. Mrs Benjamin seconded. Carried unanimously. OPEN SPACE EASEMENT ACCEPTANCE NOVITIATE PROP. Mr. Daily moved for adoption of Resolution No. 1984-185 entitled, RESOLUTION AUTHORIZING ACCEPTANCE OF PARK, RECREATION, SCENIC AND OPEN SPACE EASEMENT FROM THE MIDPENINSULA OPEN SPACE DISTRICT TO THE TOWN AND AUTHORIZING MAYOR TO EXECUTE ACCEPTANCE OF SAID EASEMENT. Mrs. Benjamin seconded. Carried unanimously. PLANNING REPORT ON ACCEPTANCE OF EASEMENT NOVITIATE PROP. Mr. Daily moved to accept the report of Planning Commission which includes Planning Commission Resolution No. 84-6 entitled, A RESOLUTION OF THE TOWN OF LOS GATOS PLANNING COMMISSION FINDING THAT THE PROPOSED ACCEPTANCE OF A GRANT OF A PARK, RECREATION, SCENIC AND OPEN SPACE EASEMENT BY THE TOWN COUNCIL ON PROPERTY OWNED BY THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT IS CONSISTENT WITH THE TOWN'S GENERAL PLAN AND THE LOS GATOS HILLSIDE SPECIFIC PLAN. Mrs. Benjamin seconded. Carried unanimously. ACCEPTANCE OF OPEN SPACE EASEMENT RE NOVITIATE PROP. Staff reported that due to typographical error it is necessary to adopt a new Resolution re authorization to accept the open space easement re Novitiate property. Mr. Daily moved for adoption of Resolution No. 1984-186 entitled, REVISED RESOLUTION AUTHORIZING ACCEPTANCE OF OPEN SPACE EASEMENT ON PROPERTY KNOWN AS THE "NOVITIATE", AUTHORIZING THE MAYOR TO EXECUTE CERTIFICATE OF ACCEPTANCE OF GRANT OF OPEN SPACE EASEMENT, AND AUTHORIZING MAYOR TO EXECUTE ANY AND ALL DOCUMENTS NECESSARY OR APPROPRIATE TO CLOSING OF THE TRANSACTION (LOS GATOS CREEK/PARK LANDS OF THE CALIFORNIA PROVINCE OF THE SOCIETY OF JESUS) AND RESCINDING PREVIOUS RESOLUTION THEREON. Mrs. Benjamin seconded. Carried unanimously. PEDESTRIAN SAFETY-POLLARD ROAD Discussion was held on staff report re letter from Stephanie Motzkus re bicycle/pedestrian safety on Pollard. Mrs. Benjamin spoke on her concerns, stating she feels something should done immediately and not wait for the annual review of the Capital Improvement Program. She asked for a study re land acquisition costs and staff to report back to Council before February. Mr. Daily seconded. Carried unanimously. BELLA VISTA AVE. PARKING (LEA) Mr. Daily moved Council accept staff recommendation and adopt Resolution No. 1984-187 entitled, PARKING PROHIBITION - BELLA VISTA AVENUE. (This modifies the no parking zone on the east side of Bella Vista such that the southerly end of the no parking zone is 225 feet vs 40 feet north of Simons Way). Mrs. Benjamin seconded. Carried by vote of four ayes. Mayor Ferrito abstained. EXTENSION BILLY JONES WILDCAT RR LICENSE AGREEMENT Mr. Daily moved for adoption of Resolution No. 1984-188 entitled, A RESOLUTION EXTENDING THE LICENSE AGREEMENT WITH BILLY JONES WILDCAT RAILROAD. Mrs. Benjamin seconded. Carried unanimously. MINUTES OCT. 1, 1984 Correction of the minutes sof October 1, 1984 were made by Mayor Ferrito, Mr. Carlson, Terrence Daily and Joanne Benjamin. Mrs. Benjamin moved for approval of October 1, 1984 minutes as corrected. Mr. Ventura seconded. Carried unanimously. SEPTEMBER 17, 1984 MINUTES Minutes of September 17, 1984 were approved but Mr. Carlson stated there were some wording that had not been changed and he would pass this on to the Town Clerk. COMMUNICATIONS (for action) a.Resignation of Rex Burbank from the Planning Commission. Mr. Daily moved to accept the resignation with regret; have staff prepare an appropriate Resolution of Commendation, and direct Town Clerk to advertise for the vacancy. Mr. Carlson seconded. Carried unanimously. b.Community Hospital request for second Annual "Fun Run" to be held October 21, 1984. Mrs. Benjamin moved Council approve the request for the second annual "Fun Run" to be held October 21, 1984, on the course as described in their letter and the cost of Police Officers, necessary for traffic control, be paid by the Community Hospital. Mr. Daily seconded,. Carried unanimously. c.Letter from Los Gatos-Saratoga Board of Realtors' requesting facility use of Oak Meadow Park to hold their Chili Cookoff on October 31, 1984. Mrs. Benjamin moved the request be granted and the following conditions be met: 1.The sponsors meet with representatives of the Police and Parks Department to finalize permit issuance by Wednesday, October 17, 1984. Applicant to provide copy of ABC License. 2.Applicant shall reimburse the Town for staff and material costs incurred by the Town. 3.Cleanliness of areas used shall be the responsibility of the applicant. 4.Site plan showing location of booths and required snow fencing shall be provide by Wednesday, October 17, 1984. 5.All alcoholic beverages to be sold and consumed within the fenced area. 6.Two police officers and one park ranger to be assigned to patrol this event. 7.Provision of Section 11.30.060 of the Los Gatos Noise Ordinance to be met, subject to the exceptions in Section 11.30.060, in the daytime (between the hour of 7:00 a.m. and 9:00 p.m.), no person shall make a noise louder than 75 DBA measured 50 feet from the source. Mr. Carlson seconded. Carried by vote of four ayes. Mayor Ferrito voted no, as he does not favor the sale of alcoholic beverage in the Park. SEPTEMBER 1984 PAYROLL Mr. Carlson moved for approval of the September, 1984 payroll in the amount $369,462.31. Mrs. Benjamin seconded. Carried unanimously. SEPTEMBER 1984 WARRANTS Mrs. Benjamin moved for approval of the September, 1984 warrant demands in the amount of $358,229.65. Mr. Carlson seconded. Carried unanimously. SEPTEMBER 1984 FINANCIAL STATEMENTS Mr. Daily moved Council accept the Financial statements for the month of September, 1984 from the Clerks office. Mrs. Benjamin seconded. Carried unanimously. TREASURERS SEPTEMBER REPORT Continued until next regular meeting. SELECTION OF SECOND SISTER CITY Dale Chambers, Chairman of the Sister City Committee presented Council with literature regarding selection of a second sister city and then made a visual presentation of Zihuatanejo and the proposed second sister city of Chung-ho (located in Taiwan). After the presentation, Mr. Chambers requested Councils' approval of Chung-ho being designated as a second sister City. Speaking on this issue was John Thompson and Mr. Su-yang Lee. After further discussion Mr. Carlson moved for adoption of Resolution No. 1984-189 entitled, A RESOLUTION AMENDING RESOLUTION NO. 1972-68. Mr. Ventura seconded. Carried unanimously. APPEAL OF LOT LINE ADJUSTMENT 16060 GREENRIDGE TERRACE Mayor Ferrito stated this was the time and place duly published for public hearing to consider the appeal of Planning commission's approval of subdivision application M- 83-8 of lot line adjustment for property located at 16060 Greenridge Terrace. Planning Director Lee Bowman, gave a summary report as to the action of the Planning Commission. Mrs. Sue Fish, appellant, stated she feels Planning Commission was not given all the information and that there was a lack of communication. Mrs. Fish spoke on her reasons for the appeal. Also speaking on the issue were Mrs. Morgan, property owner; Mr. Tom Mason, Engineer on the project. Dr. Chen, adjacent property owner, spoke on his concerns re the steepness of grade on Greenridge Terrace driveway. Discussion was held on emergency access easement and it was agreed that Larga Vista must remain passable at all times and no gate could be installed. Discussion was held on the steepness of the grade of the driveway to the Morgan residence and second lot. It was noted that this driveway was installed in 1962 according to the approval of Town requirements. After further discussion Mrs. Benjamin stated she feels most important thing is the emergency access for the people off of Greenridge Terrace and feels Planning Commission tried to address that. Mrs. Morgan's driveway from Greenridge Terrace to Larga Vista (as emergency access) gives people 2 different ways out and serves the purpose for the health and safety of the area. Therefore, she would move to deny the appeal. Mr. Daily seconded with the amendment that motion should include the added condition, that says Larga Vista must not be blocked by gate and be kept clear of brush and weeds and be passable at all times for emergency access. Motion and amendment carried by vote of three ayes. Mayor Ferrito and Mr. Ventura voting no. Town attorney to draft appropriate Resolution and present for Council consideration at the next meeting. GRATING APPEAL RE BASUINI Mr. Daily moved for the adoption of Resolution granting appeal of Planning Commission condition of approval of a 35 foot setback for a proposed wall on application of Melvin Basuini at 16351 Los Gatos-Almaden Road. Mrs. Benjamin seconded. Motion fails on vote of two ayes. Mr. Carlson, Mr. Ventura and Mr. Ferrito voting no. Mr. Carlson moved to grant the appeal with a 10 foot setback. Motion died for lack of a second. Council questioned if Mr. Basuini had been notified of staff report and meeting tonight. It was noted that Mr. Basuini had received the staff report and was aware of the meeting. Mr. Daily stated he would restate his original motion and moved for adoption of Resolution No. 1984-190 entitled, RESOLUTION GRANTING APPEAL OF PLANNING COMMISSION CONDITION OF APPROVAL OF A 35 FOOT SETBACK FOR A PROPOSED WALL ON ARCHITECTURE AND SITE APPLICATION (16351 Los Gatos - Almaden Road, Melvin and Gloria Basuini). Mrs. Benjamin seconded. Carried by a vote of three ayes. Mr. Ventura and Mayor Ferrito voting no. DENIAL OF APPEAL LOS GATOS CHRYSLER Staff reported Council was in receipt of letter from Randall Reedy, Attorney for appellant, requesting Council to reconsider action previously taken in denying their appeal, in light of the fact that all conditions of Planning Commission have been met. Mr. Carlson moved, due to new intervening circumstances, Council grant the request for reconsideration. Mr. Daily seconded. Carried by vote of four ayes. Mayor Ferrito voting no. TOWN CODE AMENDMENT RE VIOLATIONS Mrs. Benjamin moved reading be waived for ORDINANCE CORRECTING TOWN CODE SECTION 1-7 REGARDING PENALTIES TO INCLUDE THAT VIOLATIONS OF TOWN CODE ARE A PUBLIC NUISANCE AND THAT EACH DAY A VIOLATION EXISTS IS A SEPARATE OFFENSE. Mr. Carlson seconded. Carried unanimously. Clerk read title of the Ordinance. Mrs. Benjamin moved Ordinance be introduced. Mr. Ventura seconded. Carried unanimously. TOWN CODE AMENDMENT RE COMPENSATION PAYMENT TO EMPLOYEES Mr. Carlson moved reading be waived for ORDINANCE PROVIDING THE TIME FOR PAYMENT OF COMPENSATION BY PAYROLL WARRANT BE SET FORTH BY RESOLUTION. Mr. Daily seconded. Carried unanimously. Clerk read title of Ordinance. Mr. Ventura moved Ordinance be introduced. Mrs. Benjamin seconded. Carried unanimously. EMERGENCY COMMUNICATIONS CENTER CONSULTANT SERVICES Mrs. Benjamin moved for adoption of Resolution No. 1984-191 entitled, RESOLUTION AUTHORIZING THE TOWN MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL DOCUMENTS NECESSARY TO RETAIN DARYL D. JONES FOR TECHNICAL AND ENGINEERING CONSULTING TO DIRECT INSTALLATION OF THE TOWN EMERGENCY COMMUNICATIONS CENTER IN THE POLICE DEPARTMENT FACILITY. Mr. Daily seconded. Carried unanimously. SARATOGA/MASSOL AVENUE INTERSECTION SAFETY REPORT Mrs. Benjamin moved for approval of report and direct staff to ask Cal Trans to make the recommended signing changes and direct the Santa Clara County Transit District to move or remove the bus stop from the north side of Saratoga Avenue west of San Benito Avenue. Mr. Carlson seconded. Carried unanimously. Mrs. Benjamin requested that a copy of the staff report be sent to Mr. Bob Kirkendall. SELF INSURED WORKERS COMPENSATION FUND Mr. Carlson moved for adoption of Resolution No. 1984-192 entitled, A RESOLUTION EXEMPTING CLASSES OF EMPLOYEES FROM TOWN'S SELF INSURED WORKERS' COMPENSATION FUND. Mrs. Benjamin seconded. Carried unanimously. HAZARDOUS MATERIALS Mayor Ferrito requested an informational report from staff re enforcement of the Storage of Hazardous Materials Ordinance, including a listing of hazardous materials storage sites. Town Attorney to check with Central Fire District re this request and report back to Council in 45 days. BAY AREA GREENBELT Mr. Ventura moved Council endorse the statement in support of a Bay area Greenbelt and the Greenbelt Congress. Mr. Daily seconded. Carried unanimously. Mayor Ferrito stated on behalf of the Council he would like to congratulate Town attorney, Mary Jo Levinger on her appointment as a City Attorneys' representative to League of California Cities Community Services Policy Committee and on her election as a trustee to the Santa Clara County Bar Association Board of Trustee's. ADJOURNMENT Mayor Ferrito declared the meeting adjourned at 10:15 p.m. and noted their would be an executive session held at 7:30 p.m. on Monday, October 29, 1984. SIGNED: Rose E. Aldag Town Clerk