Loading...
M 02-21-84TOWN OF LOS GATOS CALIFORNIA TOWN COUNCIL/PARKING AUTHORITY AGENDA FEBRUARY 21, 1984 TOWN COUNCIL The Town Council of the Town of Los Gatos met in the Council Chambers of the Town Hall at 7:50 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 current and potential litigation and labor relations were discussed during the Closed Session. Also, prior to the study Session held February 15th, pending and potential litigation was discussed in Closed Session. EX-AGENDA ITEM Mayor Ferrito stated the adoption of the Business License Tax Ordinance is to be added as item number 13a. Item number 28, adoption of the Smoke Detector Ordinance is to be removed. BID AWARD VEHICLES FOR PARKS DEPARTMENT Mr. Daily moved to accept staff recommendation and award the bid in the amount of $44,040.50 to South Bay Ford, the low bidder for the purchase of four trucks. Mr. Carlson seconded. Carried unanimously. WRITTEN COMMUNICATIONS (referral/file) 1.Letter from O.L. Johns regarding continuing nuisance problems at his place of business (151 N. Santa Cruz Avenue). Mr. Daily moved to advise Mr. Johns this matter has been referred to the Police Department. Mrs.Benjamin seconded. Carried unanimously. 2.Petitions were filed by Eureka Federal Savings & Loan customers requesting changing the parking time limits on the south side of Bachman Avenue from 2 hour limit to 30 minutes with the curb painted green. Mr. Daily moved to advise the owners of the Eureka Federal Building that the Town will not consider any changes in parking time limits pending the results of the Downtown Parking Program. Mrs. Benjamin seconded. Carried unanimously. 3.Letter from the Los Gatos Jaycees regarding the use of Oak Meadow Park on July 4th, for a proposed 1984 July 4th Bell Ringing Ceremonies. Mr. Daily moved to refer request to the Director or Parks, Forestry and Maintenance Services for report at the March 5th Council meeting. The Los Gatos Jaycees are to be advised of this action. Mrs. Benjamin seconded. Carried unanimously. 4.Letter from the Live Oak Adult Day Care Center, requesting the Town provide directional signs to their Center. Mr. Daily moved to refer this request to the Town Engineer for a report at the March 5th Council meeting. The Center is to be advised of this action. Mrs. Benjamin seconded. Carried unanimously. 5.Letter from the Chamber of Commerce requesting the Mayor to proclaim March 2nd as Business Experience Day. Mr. Daily moved Mayor proclaim March 2nd as Business Experience Day. Mrs. Benjamin seconded. Carried unanimously. 6.Letter from the Chamber of Commerce requesting Council to approve dates for the Sidewalk Sales Schedule. Mr. Daily moved to refer to the Town Manager for response at the meeting of March 5, 1984. Chamber to be advised of this action. Mrs. Benjamin seconded. Carried unanimously. SCHEDULE OF PUBLIC HEARING Council informational report. RESOLUTION COMMENDING WALTER V. HAYS Mr. Daily moved to adopt Resolution No. 1984-17, as amended, entitled A RESOLUTION COMMENDING WALTER V. HAYS. Mrs. Benjamin seconded. Carried unanimously. PUBLIC HEARING FOR ADOPTION OF 1982 CONSTRUCTION CODE Mr. Daily moved to set a public hearing for March 19, 1984, to consider the adoption of the 1982 editions of the Uniform Building Code, Uniform Mechanical Code, Uniform Housing Code, Uniform Code for abatement of Dangerous Buildings and Uniform Plumbing Code and certain amendments. Mrs. Benjamin seconded. Carried unanimously. PLANS AND SPECIFICATIONS PROJECT 293 Mr. Daily moved to adopt Resolution No. 1984-18 entitled, RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS APPROVING PLANS AND SPECIFICATIONS FOR PROJECT 293 -- LOS GATOS BOULEVARD SIGNAL INTERCONNECT; and authorize the Clerk to advertise for bids to be received on March 21, 1984. Mrs. Benjamin seconded. Carried unanimously. CERTIFICATE OF ACCEPTANCE PROJECT 289 Mr. Daily moved to accept staff recommendation and authorize the Mayor to execute and the Town Clerk to record a Notice of Completion and Certificate of Acceptance for Project 289 Street Resurfacing. Mrs. Benjamin seconded. Carried unanimously. BLOSSOM HILL MANOR ISLAND ANNEXATION ELECTION Mr. Daily moved to adopt Resolution No. 1984-19 entitled, RESOLUTION DETERMINING THE VALUE OF WRITTEN PROTESTS, ORDERING TERRITORY ANNEXED TO THE TOWN OF LOS GATOS SUBJECT TO CONFIRMATION BY VOTERS, AND CALLING A SPECIAL ELECTION -- BLOSSOM HILL MANOR ISLAND ANNEXATION; and calling a special election on June 5,1984. Mrs. Benjamin seconded. Carried unanimously. ANNEXATION MAGNESON AVENUE NO. 4 Mrs. Benjamin moved to adopt Resolution No. 1984-20 entitled, A RESOLUTION INITIATING PROCEEDINGS FOR THE ANNEXATION OF CERTAIN INHABITED TERRITORY DESIGNATED AS MAGNESON AVENUE NO. 4 TO THE TOWN OF LOS GATOS; and set the public hearing for April 2, 1984. Mr. Daily seconded. Carried unanimously. POLICE DEPARTMENT SECOND QUARTER REPORT Mrs. Benjamin moved to accept the Police Department 1983/84 second quarter report. Mr. Daily seconded. Carried unanimously. COUNTY REFERRALS Mrs. Benjamin moved to accept staff recommendation on the County Referrals as follows: 1865-30-45-83S 17915 Soda Springs Rd. Morga subdivision (resubmittal) No comment. 2093-31-39-84SP 23259 Nikkie Ln. Schroeder Special permit (temporary mobile home) No comment. 2097-23-45-84B Thompson Road Allen Single family building site No comment. Mr. Daily seconded. Carried unanimously. TOWN POLICY HANDLING ABANDONED APPLICATIONS Mr. Carlson questioned allowing only 10 day noticing by mail. After some discussion and at the suggestion of Mayor Ferrito, it was consensus of Council to amend the 10 day notice by mail to 15 days. Mr. Daily moved to adopt Resolution No. 1984-21 entitled, RESOLUTION ESTABLISHING A TOWN POLICY FOR HANDLING ABANDONED APPLICATIONS, as amended above. Mrs. Benjamin seconded. Carried unanimously. BUSINESS LICENSE TAX ORDINANCE CLARIFICATION Mr. Daily moved to adopt Ordinance No. 1607 entitled, AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE BUSINESS LICENSE TAX TO CLARIFY ITS APPLICATION TO CERTAIN PERSONS: TO ESTABLISH A LIMIT ON THE BUSINESS LICENSE TAX ON PROFESSIONAL AND SEMI- PROFESSIONAL OCCUPATIONS FOR CALENDAR YEAR 1984; AND TO CORRECT CERTAIN CLERICAL ERRORS. Mrs. Benjamin seconded. Carried by a vote of three ayes. Mayor Ferrito and Mr. Ventura abstained for the reasons they are professionals in Town and would be affected by the tax and are also commercial renters. MINUTES FEBRUARY 6, 1984 Mr. Ventura moved minutes of February 6, 1984 be approved as submitted. Mr. Daily seconded. Carried unanimously. ELECTION TIMETABLE & PROPERTY RIGHTS INITIATIVE Council questioned the wording of the initiative measure and the Town Attorney answered Council questions. Mrs. Benjamin moved to adopt Resolution No. 1984-22 entitled, RESOLUTION OF THE TOWN OF LOS GATOS CALLING A SPECIAL MUNICIPAL ELECTION TO BE HELD ON JUNE 5, 1984 REQUESTING THE CONSOLIDATION OF SAID ELECTION WITH THE PRIMARY ELECTION TO BE HELD IN SANTA CLARA COUNTY JUNE 5, 1984, as amended, and have a report back to council at the next meeting regarding the wording of a proposed ordinance. Mr. Carlson seconded. Carried unanimously. The amendment to read, "Shall the people of the Town of Los Gatos enact an ordinance . . .". From the audience Randy Grimes; Marlene Rodman; Maryalice Blice, President of Senior Coordinating Council; Rich Chase, 18400 Overlook Road, Lisa Meddows, 135 Riviera Drive, member of the Los Gatos Renters association; Michael Gill, 105 Forrest Avenue, #20; Carol Connors, Los Gatos- Saratoga Board of Realtors; and Susan Grimes, 121 Massol Avenue, all spoke of their concerns on this issue. APPROVAL WARRANT DEMANDS Mr. Ventura moved to accept staff recommendation and approve January, 1984 warrant demands. Mrs. Benjamin seconded. Carried unanimously. APPROVAL FINANCIAL STATEMENT Mr. Daily moved to accept staff recommendation and approve the January, 1984 Financial Statement. Mrs. Benjamin seconded. Carried unanimously. TREASURER'S REPORT The Treasurer's Report for January, 1984 is being held for approval at the March 5, 1984 Council meeting. OAK MEADOW PARK PARKING FEES Mayor Ferrito stated this was the time and place duly published for public hearing to consider the parking fees and policies for Oak Meadow Park. Ardith Sams, Park Commissioner and Robert Bryant, Director of Parks and Forestry spoke on this issue and answered Council's questions. No one from the audience wished to speak on this issue. Mrs. Benjamin moved hearing be closed. Mr. Ventura seconded. Carried unanimously. Mr. Daily moved to adopt Resolution No. 1984- 23 entitled, A RESOLUTION ADOPTING FEE CHARGES AND POLICIES FOR PARKING AT OAK MEADOW PARK. Mr. Carlson seconded. Carried unanimously. FEES HISTORICAL BUILDINGS Mayor Ferrito stated this was the time and place duly published for public hearing to consider an amendment to Section 4.86.230 of the Zoning Ordinance to limit the exemption from fees for historically designated properties. No one from the audience wished to speak on this issue. Carried unanimously. Mrs. Benjamin moved reading be waived for AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING SECTION 4.86.230 OF THE TOWN ZONING ORDINANCE. Mr. Daily seconded. Carried unanimously. Deputy Clerk read title. Mr, Ventura moved for introduction of Ordinance. Mrs. Benjamin seconded. Carried unanimously. GENERAL PLAN AMENDMENT GP-83-1 Mr. Ventura moved hearing be continued to March 19, 1984. Mr. Daily seconded. Carried unanimously. APPEAL WALGREEN'S 444 N. SANTA CRUZ AVENUE Mayor Ferrito stated this was the time and place duly published for public hearing to consider the appeal of the planning Commission denial of Conditional Use Permit Application U-82-2B requesting permission to operate a full-service drug store with package alcoholic beverage department on property in the C-2 zone located at 444 N. Santa Cruz Avenue. Mr. Bowman, Planning Director, gave a brief summary on the report. Mr. Ventura stated he has a financial interest in a retail pharmacy in the Town of Los Gatos and he will abstain from all proceedings on this matter. Norman Matteoni, Attorney representing Walgreen Drugs, presented his clients position and answered questions. Richard Gaines,representative of Walgreens, spoke on their behalf. Jeffrey Damon, traffic consultant for Walgreeens, answered Councils questions regarding potential traffic situations. Other speaking on this issue were Bob Witham, 432 San Benito Avenue; W. McClennan, 262 Saratoga Avenue; Peter W. Siemens, 69 Ellenwood Avenue; Lela Austin, Eastview Drie; Bob Hamilton, 368 Bella Vista; and Tom Baer, Planning Commissioner. There was further discussion regarding traffic problems, parking, advertising in both papers and signs in the store windows, types of merchandise being carried and the sale of alcoholic beverages. At the conclusion of the discussion, Mrs. Benjamin moved hearing be closed. Mr. Daily seconded. Carried by a vote of four ayes. Mr. Ventura abstained for reason stated above. Mr. Carlson suggested Council overrule the Planning Commission decision finding that they erred in that sufficient information was not presented to the Planning Commission to indicate the nature of the use and the measures which the applicant will be willing to take in order to mitigate traffic and become more local serving. Mr. Carlson stated, for the record if they didn't have liquor at all, for example, it's not clear to me that we could classify this as a super drug in which case they might be able to come in without a Conditional Use Permit at all. Mr. Carlson moved to grant the appeal subject to the following conditions: 1. All three traffic mitigation measures. Namely improve driveway access no left turns throughout the shopping center and access through public parking lot in the former Southern Pacific right-of-way, be investigated by staff. We understand each of the measures reduces traffic impact in the area and if they do the measures should be implemented. If the staff determines that they do not reduce the traffic impact then they don't need to do them. 2. Condition it not to have a liq uor sales department. 3. Look into using space for items that would be useful in the Town. Condition this on a market survey in the Town to try and identify what to use this space for. 4. Restrooms shall be modified to comply with the Title 24 handicap requirements to satisfaction of the Building Official. Finds: 1. This is a business trying to be local serving. That provisions of the Downtown Specific Plan which indicate a desire for local serving businesses in that part of Town would mitigate the potential traffic impact. 2. It is desirable to the public convenience or welfare to have this use because it provides a variety of merchandise which may not now be readily available in Town. 3. It does not impair the integrity and character of the zones, since it is a commercial use in a commercial zone and very much like the preceding use (Jolly's). 4. It is not detrimental to the public health, safety or general welfare inasmuch as health, safety, codes, ordinance and statute would be complied with. 5. It is in harmony with the various elements and objectives of the General Plan. Benjamin seconded. Carried by a vote of four ayes. Mr. Ventura abstained for reason stated above. The Town Attorney to prepare a resolution for Council consideration at the next Council meeting on March 5, 1984. RECESS Mayor Ferrito declared a recess at 10:35 p.m. Meeting reconvened at 10:50 p.m. APPEAL SUBDIVISION APPLICATION 16060 GREENRIDGE TERRACE (MORGAN) Mayor Ferrito stated this was the time and place duly published for public hearing to consider the appeal of Planning Commission denial of Subdivision Application M-83-8 requesting approval of a lot line adjustment for property in the HR-1 zone located at 16060 Greenridge Terrace. Mr. Bowman gave a summary of this report. Tom Mason, representing Mrs. Morgan, spoke to this issue and answered Council's questions. Mrs. Morgan spoke in support of her request. Sue Fish, 16070 Greenridge Terrace felt not enough information was available and needs to be sent back to DRC. Tom Baer, Planning Commissioner, answered Council's questions regarding the Planning Commission's decision. There was further discussion regarding lot line adjustment, width of roadway, emergency access, driveway access for each parcel, and maintenance of roadways. At the completion of the discussion, Mr. Ventura moved to remand the application to the Planning Commission after report by the DRC addressing the following concerns: 1. Adjust the lot line between parcels 1 and 2 so that the driveway to parcel 1 will be contained on parcel 1. 2. An easement be dedicated on Larga Vista to provide public emergency vehicle access. 3. Minimal improvements be made along subjects property on Larga Vista to the satisfaction of the Town Engineer. 4. Staff take a look at the driveway entrance to parcel 2 so they can make a recommendation whether the existing driveway from Greenridge Terrace should be widen to 18 feet or access should be taken from Larga Vista. Mr. Daily seconded. Carried unanimously. APPEAL 4-LOT SUBDIV. 16070 SHANNON ROAD Mayor Ferrito stated this was the time and place duly noted for public hearing to consider the appeal of Planning Commissions denial of request for approval of a four lot subdivision in the R-1:8,000 zone on property located at 16070 Shannon Road. Mr. Bowman gave a brief report on this appeal. Speaking in support of the appeal was Roger Lehr of Danavandi Enterprises. Council discussed the density and if Shannon Road could support more traffic generated by the lot division. No one from the audience wished to speak on this issue. Mr. Daily moved hearing be closed. Mrs. Benjamin seconded. Carried unanimously. Mr. Ventura moved to affirm the decision of the Planning Commission. Mr. Carlson seconded. Carried unanimously. The Town Attorney to draft a resolution for Council consideration at the next Council meeting on March 5, 1984. RATE INCREASE GREEN VALLEY DISPOSAL Mayor Ferrito stated this was the time and place duly published for public hearing to consider Green Valley Disposal's request for a rate adjustment. Assistant Town Manager, Nadine Levin, gave a summary on this report and explained the formula used in determining the 34% rate increase. Bob Stevens, General Manager of Green Valley Disposal; Bill Grafton, CPA representing Green Valley; and Dennis Varni of Green Valley Disposal all spoke in support of their increase. Discussion was held regarding the need and reason for the increase, formula used, and notifying the public explaining the reasons for the increase. Mr. Ventura moved to continue the public hearing to March 5, 1984, ask questions of staff between now and the next hearing. Mrs. Benjamin seconded. Carried unanimously. By consensus of Council, Mayor Ferrito and Mrs. Benjamin was appointed to the four cities Mayor's Committee. CONTINUING MEETING Mr. Daily moved to extend the meeting past midnight. Mrs. Benjamin seconded. Carried unanimously. AMENDMENT ZONING ORDINANCE RE DEFINITION OF RESTAURANT Mr. Ventura moved to adopt Ordinance No. 1608 entitled, ORDINANCE AMENDING THE ZONING ORDINANCE OF THE TOWN OF LOS GATOS RELATING TO THE DEFINITION OF "RESTAURANT". Mrs. Benjamin seconded. Carried unanimously. SMOKE DETECTOR ORDINANCE Removed from tonight's agenda. AMENDING ANIMAL CONTROL ORDINANCE Mr. Ventura moved to adopt Ordinance No. 1609 entitled, ORDINANCE AMENDING CHAPTER 5 OF THE TOWN CODE AUTHORIZING SANTA CLARA COUNTY ANIMAL CONTROL OFFICERS TO SEIZE ANIMALS WHEN NECESSARY TO PROTECT PUBLIC SAFETY OR HEALTH; PROVIDING FOR THE ADOPTION OF DOGS AND CATS UNDER THE AGE OF EIGHT WEEKS FROM COUNTY-OPERATED OR COUNTY-LICENSED SHELTERS; AND PROVIDING FOR CHARGE OF A FEE FOR COST OF QUARANTINING ANIMALS AND INSPECTING QUARANTINED ANIMALS. Mrs. Benjamin seconded. Carried unanimously. ADJOURNMENT Mr. Carlson moved to continue the remaining items to the March 5, 1984, Council meeting. Mrs. Benjamin seconded. Carried unanimously. Meeting adjourned at 1:00 a.m., Wednesday, March 22, 1984. ATTEST: Rebecca L. Yates Deputy Clerk