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M 04-16-84TOWN OF LOS GATOS CALIFORNIA TOWN COUNCIL/PARKING AUTHORITY AGENDA APRIL 16, 1984 TOWN COUNCIL The Town Council of the Town of Los Gatos met in the Council Chamber of the Town Hall at 7:35 p.m., in regular session. CLOSED SESSION REPORT Mayor Ferrito stated Council had met in Closed Session prior to the Council meeting and discussed litigation and labor relations. After the Council meeting of April 2, 1984 Council met in Closed Session and discussed labor relations. No action taken at that meeting. ROLL CALL PRESENT:Joanne Benjamin, Eric D. Carlson, Terrence J. Daily, Brent N. Ventura and Mayor Thomas J. Ferrito. ABSENT:None. PRESENTATION Mike Reynolds, from the energy Conservation Department of PG&E, presented Mayor Ferrito (on behalf of the Town) with a check in the amount of $6,696.00 from the 1983 Municipal Street Light Program. The Town has completed converting the incandescent street lights to the more efficient high pressure sodium lamps and upgraded the circuitry to a more efficient system. These conversions will reduce the annual energy usage over 50,000 kilowatt hours. It will also lower the utility costs by $5,000. PG&E has offered a rebate of $72.00 for each street light conversion. APPOINTMENT YOUTH ADVISORY COMMISSION ADULT MEMBER Mayor Ferrito stated there are two vacancies on the Youth Advisory Commission for adult members. Mr. Ventura moved to appoint Janet G. Anderson to the Youth Advisory Commission, adult member. Mrs. Benjamin seconded. Carried unanimously. Clerk to continue advertising for one more adult member to the Youth Advisory Commission. APPOINTMENT SISTER CITY COMMITTEE Mayor Ferrito stated there was one vacancy on the Sister City Committee. Mrs. Benjamin moved to appoint John Lochner to the Sister City Committee. Mr. Daily seconded. Carried by a vote of four ayes. Mayor Ferrito abstained. APPOINTMENT PARKS COMMISSION Mayor Ferrito stated there were three vacancies on the Parks Commission. Mrs. Benjamin moved to reappoint Emma Vargo and Frank Jelinch each to a four year term and appoint Nancy Toombs to fill the unexpired term of Marge Muttersbach. Mr. Ventura seconded. Carried unanimously. COMMUNICATIONS (referral/file) a.Letter from the Los Gatos School District, 1700 Roberts Road regarding pedestrian walkways. Mr. Ventura moved to refer to the Town Manager for response at the meeting of May 7, 1984. Mr. Daily seconded. Carried unanimously. b.Letter from Mary Alice Blice and Michael Garrity of the Los Gatos Mobilehome Park, requesting the mobilehome park be permanently zoned multiple residential. Mr. Ventura moved to refer to the Planning Commission for information and file for consideration at the Town Council hearing on the General Plan. Mr. Daily seconded. Carried unanimously. c.Letter from M>L> Allen, 16601 Ferris Avenue, regarding Council policies. Mr. Ventura moved to refer to staff for response. Include the purpose and need of a General Plan and request to advise this person the Council is looking to the future needs of the Town residents and how service can be delivered in the future as well as the present. Mr. Daily seconded. Carried unanimously. d.Notice from the Federal Energy Regulatory Commission regarding the application for a hydroelectric generator on Lexington Dam. Mr. Ventura moved to refer to staff for report at the meeting of May 7, 1984. Mr. Daily seconded. Carried unanimously. e.Letter from Michael R. Addison, 16695 Shannon Road, regarding Green Valley Disposal. Mr. Ventura moved to refer this to staff for response. Mr. Daily seconded. Carried unanimously. f.Letter from Albert Stoefen, Chairman of the Los Gatos Memorial Library Board, regarding the terms of Blanche Penn and Una Michaelsen. Miss Penn will not be seeking another term and Una Michaelsen wishes to be reappointed. Their terms expire June 30, 1984. Mr. Ventura moved to file for consideration at the time of interviews for the Library Board. Mr. Daily seconded. Carried unanimously. As per Council policy, all the concerned parties will be notified of the specific action taken by the Town Council. SCHEDULE OF PUBLIC HEARINGS Council informational item. PROJECT 298 PLANTER BOX REPAIRS Mr. Ventura moved to adopt Resolution No. 1984-56 entitled, RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS APPROVING PLANS AND SPECIFICATIONS FOR PROJECT 298 SANTA CRUZ AVENUE PLANTER BOX REPAIRS BETWEEN MAIN STREET AND BEAN AVENUE; and authorize the Clerk to advertise for bids to be received by 3:00 P>M>, May 9, 1984. Mr. Daily seconded. Carried unanimously. PROJECT 296-HCDA WHEELCHAIR RAMPS Mr. Ventura moved to adopt Resolution No. 1984-57 entitled, RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS APPROVING PLANS AND SPECIFICATIONS FOR PROJECT 296-HCDA (PHASE IV) INSTALLATION OF WHEELCHAIR RAMPS; and authorize the Clerk to advertise for bids to be received May 10, 1984 at 3:00 P.M. Mr. Daily seconded. Carried unanimously. OAK HILL WAY REPORT ON TREE PROBLEMS Mr. Ventura moved to direct staff to respond to correspondence received from Jo Bartlett regarding oak trees and other brush problems on Oak Hill Way. Mr. Daily seconded. Carried unanimously. COUNTY REFERRALS Mr. Ventura moved to accept staff recommendation on County Referrals as follows: 2131-34-51-84SP 14790 Sky Lane Pritchard Special permit secondary dwelling Denial. Mr. Daily seconded. Carried unanimously. ZONING VIOLATION BACHMAN AVENUE Mr. Ventura moved to accept staff recommendation to note and file the report and notify the Almond Grove Neighborhood Association. Mr. Daily seconded. Carried unanimously. HEARST CABLEVISION Mr. Ventura moved to adopt Resolution No. 1984-58 entitled, A RESOLUTION AUTHORIZING THE TOWN MANAGER TO NEGOTIATE AND EXECUTE A LETTER AGREEMENT WITH PAUL MONACO OF HAMMETT & EDISON, INC., to perform an assessment of Hearst Cablevision's Certificate of Improvements after one year of operation; the agreement shall not exceed $7,500 in cost, and will be totally reimbursed to the Town by Hearst Cablevision per the franchise agreement. Mr. Daily seconded. Carried unanimously. GREYHOUND BUS TERMINAL LEASE EXTENSION Mr. Ventura moved to adopt Resolution No. 1984-59 entitled, A RESOLUTION AUTHORIZING THE MANAGER TO EXECUTE AN EXTENSION RIDER TO THE LEASE WITH GREYHOUND LINES, INC. (bus terminal located at 145 So. Santa Cruz Avenue). Mr. Daily seconded. Carried unanimously. CAT'S HILL BICYCLE RACE Mr. Ventura moved to approve the request of the Los Gatos Bicycle Club to hold the Tenth Annual Cat's Hill Bicycle Race on Sunday May 6, 1984. Mr. Daily seconded. Carried unanimously. AGREEMENT BETWEEN CENTRAL FIRE PROTECTION DISTRICT & CITY OF SAN JOSE Mr. Ventura moved to authorize staff to advise the Central Fire Protection District of the Town's approval of the Automatic Aid Agreement. On request of the Mayor, Manager to draft letter to Mr. McEnery stating automatic aid agreement would not really be necessary if San Jose would have allowed Los Gatos to annex that portion of land. Mr. Daily seconded. Carried unanimously. MINUTES APRIL 2, 1984 Mrs. Benjamin requested two changes be made to the minutes on page 6, subject "Appeal - 14823 Los Gatos Boulevard", 1) Change Dr. Talbot to Dr. Callaway. 2) Add her reason for voting no as follows: "Wrong reason used by the Planning commission in their denial". Mr. Ventura moved minutes of April 2, 1984 be approved as amended. Mrs. Benjamin seconded. Carried unanimously. COMMUNICATION (for action) a.Correspondence from James Jones, member of the Town Retirement Plan, regarding TEA negotiations and Town Retirement Plan. Mr. Jones was also present and spoke on his concerns. Council directed Mr. Jones to meet with the Town Attorney for clarification. No action was taken by Council at this time. WARRANT DEMAND LIST - MARCH 1984 Mrs. Benjamin moved to approve the March, 1984 Warrant Demands in the amount of $348,595.59. Mr. Carlson seconded. Carried unanimously. FINANCIAL STATEMENT MARCH 1984 Mr. Ventura moved to approve the March, 1984 Financial Statement from the Office of Town Clerk. Mrs. Benjamin seconded. Carried unanimously. TREASURER'S REPORT - MARCH 1984 Mr. Daily moved to approve the Treasurer's Report for March, 1984. Mrs. Benjamin seconded. Carried unanimously. APPEAL - 354 N. SANTA CRUZ AVE. Mayor Ferrito stated this was the time and place duly noted for continued public hearing to consider the appeal of Building Official's decision regarding handicapped access at 354 N. Santa Cruz Avenue. John Keith, owner of John Paul's spoke on his appeal. Mr. Watson, Building Official, answered Council's questions. No one else wished to speak on this issue. Mr. Ventura moved hearing be closed. Mrs. Benjamin seconded. Carried unanimously. Mr. Ventura moved to grant plans as submitted, finding this is a situation of hardship and the cost for modification are excessive and compose the entire cost of the remodeling, that what is proposed in this plan does constitute equivalent facilitation for handicapped access. The reason the cost is so extensive is, due to the age of the building and almost the entire plumbing system would have to be redone. The previous testimony of Mr. Lewis indicates the revised proposal is, in fact, more reasonable. Mrs. Benjamin seconded. Carried unanimously. The Town Attorney to draft a resolution for Council consideration at the meeting of May 7, 1984. SAN BENITO AVENUE TRAFFIC DIVERTERS Mayor Ferrito stated this was the time and place duly published for public hearing to consider the implementation of various traffic control measures in the area bounded by Saratoga Avenue, N. Santa Cruz Avenue, Andrews Street and Montgomery Street traffic diverters. The following people spoke on this issue: June Miller, 18 Ashler Avenue; Larry Petual, 226 Saratoga Avenue; Vivian David, 100 Fancher Court; john Bouquet, 117 Fancher Court; Mary Brown, 117 Fancher Court; Kaye Little, 453 Montgomery Avenue; Allyn Erickson, 109 Griffith Place; James Hampton, 547 San Benito Avenue; Joseph B. James, 306 Andrews Street; Joe Josephson, 118 Olive Avenue; mark Peterson, 405 Montgomery Avenue; and Linda Evans, 505 San Benito Avenue. No one else wished to speak on this issued. Staff was directed to check on the following: 1) possible crosswalk across San Benito Avenue near Fancher Court; 2) overgrowth on Andrews Street near Montgomery Avenue; 3) Possible stop sign going south on San Benito avenue at Fancher Court; 4) Possible red zone at 413 Monterey Avenue; 5) Speed study on San Benito Avenue south of Mariposa Avenue and side streets; 6) Speed study on Montgomery Avenue; and 7) speed control check on Monterey Avenue between the hours of 7:00 to 9:00 A>M> week days and afternoons on Sunday. Mrs. Benjamin moved to continue the public hearing to May 7, 1984. Mr. Carlson seconded. Carried unanimously. FERRIS AVENUE NO. 4 ANNEXATION Mayor Ferrito stated this was the time and place duly published for public hearing to consider the annexation of certain uninhabited territory designated as Ferris Avenue No. 4 to the Town of Los Gatos. No one in the audience wished to speak on this issue. Mr. Daily moved hearing be closed. Mr. Carlson seconded. Carried unanimously. Mrs. Benjamin moved to adopt Resolution 1984-60 entitled, A RESOLUTION MAKING A FINDING REGARDING THE VALUE OF WRITTEN PROTESTS FILED AND NOT WITHDRAWN AND ORDERING THE ANNEXATION OF CERTAIN UNINHABITED TERRITORY DESIGNATED AS FERRIS AVENUE NO. 4 TO THE TOWN OF LOS GATOS. Mr. Ventura seconded. Carried unanimously. ZONING VIOLATION 336-B N. SANTA CRUZ AVENUE Mayor Ferrito stated this was the time and place duly published for public hearing to consider the appeal of Planning Commission decision on Architecture and Site Application S-84-6 in issuing a notice of zoning violation in the case of an unlawful sign in the C-2 Zone at 336-B N. Santa Cruz Avenue (Hi-Lite Balloons). It was Council consensus that Mrs. Benjamin and Mr. Ventura be appointed as a Council committee to study this issue and report back at the May 7, 1984 Council meeting. Mr. Carlson moved to continue this public hearing to May 7, 1984 and Adeline Andres is to be notified by telephone of the action taken by Council at this meeting. Mr. Daily seconded. Carried unanimously. GENERAL PLAN AMENDMENT TO LOS GATOS HILLSIDE SPECIFIC PLAN Mayor Ferrito stated this was the time and place duly published for public hearing to consider the Planning Commission's recommendation on the revised Town General Plan to include the following mandated or permissive elements: Land Use, Housing, Circulation, Route 85, Scenic Streets and Highways, Open Space, Conservation, Safety, Seismic Safety, Noise, Energy,Community Design and Human Services. Mrs. Benjamin moved to continue the proposed changes to the Planning Commission for a report back in 90 days (July 16, 1984). Mr. Carlson seconded. Carried unanimously. Clerk to readvertise the public hearing for July 16, 1984. VERBAL COMMUNICATIONS Jacqueline Rodriguez, employed at 354 N. Santa Cruz Avenue, spoke on the parking problem of the employees of the Town businesses. Council informed Ms. Rodriguez this problem is known and is being looked into. She was also told of the long term parking lot located behind the American Savings and Loan and Council also suggested she should contact the Chamber and inform them of the parking problem. Marie Bache, 17121 Summit Way, spoke to Council regarding notices received from the Code Enforcement Officer on a zoning violation. Mrs. Bache is to meet with the own Attorney at 10:00 A.M., Wednesday, April 18, 1984. APPEAL - 234 LOS GATOS BOULEVARD (SCOTT) The Town Attorney stated there would be one addition to the Resolution. Add to the end of Condition 2a, for clarification, "and shall make the required modifications;". Mr. Ventura proposed another addition, under Findings, add "c" and make a finding Mr. Scott on two separate occasions violated Town Zoning Ordinance. The exact wording will be looked into by the Town Attorney. It was consensus of Council to continue this item to May 7, 1984 Council meeting for further consideration. APPEAL 14823 LOS GATOS BOULEVARD (MOISENCO) Mr. Carlson moved to adopt Resolution No. 1984-61 entitled, RESOLUTION DENYING APPEAL FROM PLANNING COMMISSION DENIAL OF ZONE CHANGE APPLICATION (14823 Los Gatos Boulevard - Moisenco). Mr. Daily seconded. Carried by a vote of three ayes. Mrs. Benjamin voted no and Mr. Ventura abstained. APPEAL 16845 HICKS ROAD (LOS GATOS CHRISTIAN CHURCH) Mr. Ventura moved to adopt Resolution No. 1984-62 entitled, RESOLUTION DENYING APPEAL FROM PLANNING COMMISSION DENIAL OF CONDITIONAL USE PERMIT APPLICATION AND ARCHITECTURE AND SITE APPLICATION (16845 Hicks Road - Los Gatos Christian Church). Mr. Carlson seconded. Carried unanimously. CODE ENFORCEMENT OFFICER'S QUARTERLY REPORT Note and file. CAPITAL IMPROVEMENT PROGRAM FY84/85 TO 89/90 Mr. Carlson moved to incorporate the recommendation of the Planning Commission into the Capital Improvement Program. Mr. Daily seconded. Carried unanimously. Mr. Carlson moved to continue to April 30, 1984, the Amended Capital Improvement Program. Mr. Ventura seconded. Carried unanimously. OUTDOOR STORAGE OF HAZARDOUS WASTE - URGENCY ORDINANCE Mr. Ventura moved reading be waived for URGENCY INTERIM ZONING ORDINANCE ESTABLISHING A ZONING APPROVAL FOR THE STORAGE OF HAZARDOUS MATERIALS. Mrs. Benjamin seconded. Carried unanimously. Clerk read title. Mr. Ventura moved for adoption of Ordinance No. 1616 entitled, URGENCY INTERIM ZONING ORDINANCE ESTABLISHING A ZONING APPROVAL FOR THE STORAGE OF HAZARDOUS MATERIALS. Mr. Daily seconded. Carried unanimously. PROJECT 292 TRAFFIC SIGNAL IMPROVEMENT LARK AVE./HWY 17 - GARDEN HILL DR. & LARK AVE/OKA ROAD Discussion was held by Council and questions were answered by Mr. Van Houten, Public Works Director. Mr. Carlson moved to approve the revised concept plan and authorize staff to proceed with final plans and specifications, apply to Cal Trans for a permit to work in the State right-of-Way, request State participation in the cost of the work and include landscaping of the medians. Mrs. Benjamin seconded. Carried unanimously. SIGNAL MODIFICATION & IMPROVEMENTS INTERSECTION OF LOS GATOS BLVD. & KENNEDY ROAD CALDWELL AVENUE Discussion was held by Council and Mr. Van Houten answered Council's questions. Mr. Ventura moved to approve Alternate I not to include the Caldwell Avenue improvements, and authorize staff to prepare final plans and specifications. Mr. Carlson seconded. Carried unanimously. POLICY GUIDELINES USE OF DOWNTOWN NEIGHBORHOOD CENTER FOR MERCHANDISING OPERATING AND SOMETHING SPECIAL SHOP Discussion was held by Council on both of these items. Assistant Town Manager, Nadine Levin, spoke on these issues and answered Council's questions. Mary Alice Blice, President of the Senior Coordinating Council; John Stojanovich, Treasurer for the Senior Coordinating Council; Eunice Messent and John Hulme, members of the Senior Coordinating Council spoke in support of moving their shop to the Downtown Neighborhood Center. After further discussion, Mr. Ventura moved to adopt the policy submitted to Council with two amendments. 1) change the wording to a nonprofit senior agency and specify the area in the Community Center that would be available so that no more than one such senior non-profit organization could be operating at a time. 2) this policy to be adopted on a trial basis and be reviewed after a one year period. Mr. Daily seconded. Carried unanimously. Mr. Ventura moved to grant the Senior Coordinating Council the use of the Neighborhood Center for the location of the Something Special Shop with the following conditions: 1) That the Senior Coordinating Council be responsible for the moving and costs incurred in moving, the Transit Assist Office. 2) That any modifications to the leased space be done only with prior approval of the Town and that when and if the program terminates that SCC be responsible for returning the rooms back to their original conditions. 3) That SCC bear the cost of rekeying office doors, if necessary. 4) That business licenses and any other permit costs, if needed, be borne by SCC. 5) That any additional wiring be installed by a licensed contractor. Mr. Daily seconded. Carried unanimously. SISTER CITY COMMITTEE Mr. Dale Chambers, Sister City Committee Chairman, spoke on a request from the City of Chung-Ho, Tiawan to be part of the Town's Sister City Program. After discussion by Council it their consensus to meet with the Sister City Committee, in a study session, go over their goals and objectives for a cultural exchange program, see the photos of Mexico and hold off on a decision to add Chung-Ho until more can be learned about the city. CULTURAL RESOURCE COMMISSION SPRING CONCERT Mr. Daily moved to approve the expenditure of $1,500 from the Cultural Resource Commission's FY 1983/84 Budget to cover the cost of musicians plus publicity, promotion and miscellaneous costs for the Los Gatos Chamber Orchestra Spring concert. Mrs. Benjamin seconded. Carried unanimously. AB 3933 Discussion was held on AB 3933 regarding funding for non-motorized transportation facilities (bike lanes). Mr. Ventura moved to support AB 3933. Mr. Carlson seconded. Carried unanimously. AB 3989 Mayor Ferrito discussed AB 3989 Emergency Ombudsman Act that would allow for scientists to investigate and report safety and mandatory pesticides treatment by California Department of Food and Agriculture. Mr. Ventura moved to support AB 3989. Mayor Ferrito seconded. Motion withdrawn. AB 3989 to be held for discussion at the May 7, 1984 Council meeting. AB 3808 Mr. Carlson recommended to oppose AB 3808 regarding rent control. AB 3808 to be held for discussion on April 30, 1984. ADJOURNMENT Mrs. Benjamin moved meeting be adjourned at 10:55 P.M., to an adjourned regular Council meeting April 30, 1984. Mr. Ventura seconded. Carried unanimously. ATTEST: Rebecca L. Yates Deputy Clerk