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M 11-05-84TOWN OF LOS GATOS CALIFORNIA TOWN COUNCIL/PARKING AUTHORITY AGENDA NOVEMBER 5, 1984 TOWN COUNCIL/PARKING AUTHORITY The Town Council and the Parking authority met jointly in the Council Chambers of the Town Hall at 7:30 p.m., in regular session. ROLL CALL PRESENT:Joanne Benjamin, Eric D. Carlson, Terrence J. Daily, Brent N. Ventura and Mayor Thomas J. Ferrito. PLEDGE OF ALLEGIANCE Given by all in attendance. CLOSED SESSION Mayor Ferrito stated Council had met in Closed session prior to the Council meeting and discussed potential litigation, litigation, claim for damages and personnel matters. Council authorized payment of a claim, filed by Virginia Higgins, in the amount of $85.00; rejected a claim filed by John O. Estruth and authorized the Town Attorney to join an amicus brief to be filed with various cities in the case of the City of Modesto vs Superior Court. Mayor Ferrito announced the Council had met in closed session on October 29, 1984 and discussed personnel matters. PARKING AUTHORITY Council accepted the information report concerning Parking Commission activities and rescheduled the joint Parking Authority/Parking Commission meeting to November 15, 1984, at 8:00 a.m. This concludes the portion of Parking Authority agenda and regular Council meeting will continue. BID AWARD POLICE RADIOS & ACCESSORIES Staff reported 3 bids were received ranging from $27,396.40 to $30,659.00. Mr. Carlson moved to accept staff recommendation and award the bid for radios and accessories for Police Department use to Bay Area Systems in the amount of $27,396.40 and payment for the 60 month lease/purchase and maintenance agreement will be $456.59 per month inclusive of tax and $1.00 buy out of all equipment at the end of the period. Mr. Daily seconded. Carried unanimously. PURCHASE OF PICK-UP TRUCK Staff reported only one bid was received for the purchase of a pick-up truck, and it was within the budgeted amount. Mr. Carlson moved to accept staff recommendation and award the bid to Swanson Ford in the total amount of $10,422.09 without trade-in. Mr. Daily seconded. Carried unanimously. COMMUNICATIONS (referral/file) a.Letter from Sue Fish regarding Mrs. Morgan's subdivision application. Mr. Daily moved Vice-Mayor to respond to letter. Mrs. Benjamin seconded. Carried unanimously. b.City of Signal Hill correspondence regarding opposition to General Telephone Company rate increase request. Mr. Daily moved to file, as the Town has consistently opposed any rate increases proposed by General Telephone. Staff to advise Signal Hill of this action. Mrs. Benjamin seconded. Carried unanimously. c.Letter from Maggie Wilhelm re street name change. Mr. Daily moved to refer this communication to Town Clerk for report on November 19, 1984. Mrs. Benjamin seconded. Carried unanimously. d.Letter from Chamber of Commerce regarding the 28th Annual Children's Christmas parade. Mr. Daily moved this communication be referred to the Police Chief and Director of Parks, Forestry and Maintenance Service for a report to Council on November 19, 1984. Mrs. Benjamin seconded. Carried unanimously. e.Petition signed by 21 residents from the Broadway neighborhood regarding parking on Broadway. Mr. Daily moved this communication be referred to the Parking Commission for a report to Council on November 19, 1984. Mrs. Benjamin seconded. Carried unanimously. SCHEDULE OF PUBLIC HEARINGS Information for Council re public hearings scheduled for future meetings. NOTICE OF COMPLETION Mr. Daily moved for acceptance of Certificate of Acceptance and Notice of Completion for 15001 National Avenue Kavanaugh. Mrs. Benjamin seconded. Carried unanimously. By consensus of Council the Notice of completion for Cornish & Carey at 335 N. Santa Cruz Avenue will be held until the next meeting. PROJECT 268 CT. UNDERGROUND UTILITY DIST. 83-1 Mr. Daily moved for adoption of Resolution No. 19844-193 entitled, RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS APPROVING PLANS AND SPECIFICATIONS FOR PROJECT 268 CT INSTALLATION OF ELECTROLIERS ON UNIVERSITY AVENUE (UNDERGROUND UTILITY DISTRICT NO. 1983-1) and authorize the Clerk to advertise for bids - setting time for bid opening for 3:00 p.m., on December 5, 1984. Mrs. Benjamin seconded. Carried unanimously. CAL TRANS REPORT Council accepted the report and requested staff send letter to Cal Trans stating Town is opposed to widening of 17 south of Lark Avenue. VASONA ASSOCIATES FARLEY ONE Mr. Daily moved for adoption of Resolution No. 1984-194 entitled, RESOLUTION APPROVING THE QUIT CLAIM DEED WITH VASONA ASSOCIATES, FARLEY ONE, A CALIFORNIA GENERAL PARTNERSHIP. Mrs. Benjamin seconded. Carried unanimously. FORBES MILL COMMERCIAL STRUCTURE Mr. Daily moved to accept response of the Planning Director to questions of Attorney M. Nanda, representing home owners at the Forbes Mill Condominium Complex, regarding their concerns in the height of commercial structure built in front of the condominiums. Mrs. Benjamin seconded. Carried unanimously. PLANNING MONTHLY REPORT Mr. Daily moved to accept Planning Department monthly report, including Planning Commission/Planning Department priorities. Mrs. Benjamin seconded. Carried unanimously. COMMENDATION REX BURBANK Mr. Daily moved for adoption of Resolution No. 1984-195 entitled, A RESOLUTION COMMENDING REX J. BURBANK. Mrs. Benjamin seconded. Carried unanimously. COUNTY REFERRALS Mr. Daily moved to accept staff recommendation on the following: 2290-27-44-84LA 20480 Santa Cruz Hywy. Collett & Yuhara Lot line adjustment. No comment. 275-31-38-78Z78P-83P-83A Weiser 23291 Summit Rd. Extension of time for modification of kennel building to enclosed kennel runs per order of Planning Commission November 3, 1983. No comment 2221-29-50-84DR 17610 Foster Road McLain resubmittal Town Council should recommend approval subject to the condition that the property be annexed after the house is under construction. Mrs. Benjamin seconded. Carried unanimously. COUNTY GENERAL PLAN AMENDMENT Mr. Daily moved to accept staff recommendation and the following comments be forwarded to the County, by November 14, 1984. Hill Side Density: The proposal should be rejected because it is inconsistent with the jointly adopted Los Gatos Hillside Specific Plan and the analysis of the potential impacts is incomplete. Housing Element: The Housing element should be amended to recognize the Town's role in the Villa Vasona Project. Hazardous Waste: The proposed amendment should be adopted. Mrs. Benjamin seconded. Carried unanimously. RESPONSE TO ZONING ORD. AMENDMENT Mr. Daily moved to accept staff response to request for zoning amendment re raising of vegetables in the front yards in residential zone. (It was noted a letter had been received from Mr. Hadfield concerning this and has been placed on file). Mrs. Benjamin seconded. Carried unanimously. PARKING COMMISSION REQUIREMENTS After some discussion it was consensus of Council to refer this to Parking Commission for review and recommendation. PLANNING COMMISSION TAPES Mr. Daily moved for adoption of Resolution No. 1984-196 entitled, RESOLUTION OF THE TOWN OF LOS GATOS SETTING A RETENTION SCHEDULE FOR CERTAIN PLANNING DEPARTMENT RECORDS, APPROVING THE DESTRUCTION OF SUCH RECORDS UPON THE EXPIRATION OF SAID RETENTION. Mrs. Benjamin seconded. Carried by a vote of four ayes. Mr. Ventura voting no. APPEAL LOS GATOS CHRYSLER/PLYMOUTH Mr. Daily moved for adoption of resolution No. 1984-197 entitled, RESOLUTION GRANTING APPEAL FROM PLANNING COMMISSION DETERMINATION THAT THE NONCONFORMING STATUES OF THE BUILDING OF LOS GATOS CHRYSLER/PLYMOUTH HAS CEASED AND THE USE IS NO LONGER LAWFUL. (16203 Los Gatos Boulevard - Los Gatos Chrysler/Plymouth. Mrs. Benjamin seconded. Carried by vote of four ayes. Mayor Ferrito voting no. APPEAL (MORGAN) 16060 GREENRIDGE TERRACE Mr. Daily moved for adoption of Resolution No. 1984-198 entitled, RESOLUTION DENYING APPEAL FROM PLANNING COMMISSION APPROVAL OF SUBDIVISION APPLICATION FOR LOT LINE ADJUSTMENT (16060 Greenridge Terrace - Mrs. W. R. Morgan). Mrs. Benjamin seconded. Carried by vote of four ayes. Mayor Ferrito and Brent N. Ventura voting no. VIOLATION OF TOWN CODE RE PENALTIES Mr. Daily moved for adoption of Ordinance No. 1627 entitled, ORDINANCE CORRECTING TOWN CODE SECTION 1-7 REGARDING PENALTIES TO INCLUDE THAT VIOLATION OF TOWN CODE IS A PUBLIC NUISANCE AND THAT EACH DAY A VIOLATION EXISTS IS A SEPARATE OFFENSE. Mrs. Benjamin seconded. Carried unanimously. ORDINANCE RE PAYROLL Mr. Daily moved for adoption of Ordinance No. 1628 entitled, ORDINANCE PROVIDING THE TIME FOR PAYMENT OF COMPENSATION BY PAYROLL WARRANT BE SET FORTH BY RESOLUTION. Mrs. Benjamin seconded. Carried unanimously. POLICE DEPT. 1ST QUARTER REPORT Mr. Daily moved to accept this first quarter report from the Police Department. Mrs. Benjamin seconded. Carried unanimously. E911 EMERGENCY TELEPHONE SERVICE Mr. Daily moved for the adoption of Resolution No. 1984-199 entitled RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT FOR E911 EMERGENCY REPORTING TELEPHONE SERVICE. Mrs. Benjamin seconded. Carried unanimously. PEDESTRIAN SAFETY Informational report to council on Police Department activities related to pedestrian safety. Mrs. Benjamin spoke on her concerns in getting program to all schools. Council urged the Police Department that the informational report relating to pedestrian safety be presented to all the schools as early in the school year as possible. CULTURAL COMMISSION Mr. Daily moved Town Council approve changing the Cultural Commission's meeting day and place from the second Monday of each month in the Civic Center Conference Room to the first Thursday of each month in Room 214 of the Neighborhood Center. Mrs. Benjamin seconded. Carried unanimously. TOWN CLERK COMPENSATION Mr. Daily moved for adoption of Resolution No. 1984-200 entitled, A RESOLUTION ESTABLISHING COMPENSATION FOR THE POSITION OF TOWN CLERK. Mrs. Benjamin seconded. Carried unanimously. MINUTES OCTOBER 15, 1984 Mrs. Benjamin moved for approval of the minutes of October 15, 1984 as submitted. Mr. Daily seconded. Carried unanimously. COMMUNICATIONS a.Letter of resignation of Barbara Crafford from Rental Advisory Committee. Mrs. Benjamin moved to accept resignation, with regret, and adopt Resolution No. 1984-201 entitled, A RESOLUTION COMMENDING BARBARA H. CRAFFORD. Mr. Ventura seconded. Carried unanimously. b.Communication from Mr. & Mrs. Barrie Dean concerning street improvements at 14941 and 14961 National Avenue. After discussion of the situation, Council directed staff to write to Mr. & Mrs. Dean explaining that the resurfacing work that was done by the Town on National in conjunction with Project 289 was proper; and then staff should contact Mr. & Mrs. Dean to see what they had in mind to correct the problem and staff report back on November 19, 1984. c.Letter of resignation of Gerald Ridley from Planning Commission. Mrs. Benjamin moved Council accept resignation with regret; direct staff to prepare a Resolution of Commendation; and instruct the Town Clerk to advertise the vacancy, Mr. Daily seconded. Carried unanimously. d.Letter of resignation received from John Finsand of the Cultural Commission. Mrs. Benjamin moved Council accept resignation with regret and adopt Resolution No. 1984-202 entitled, A RESOLUTION COMMENDING JOHN FINSAND. Mr. Daily seconded. Carried unanimously. OCTOBER 1984 PAYROLL Mr. Carlson moved Council verify the October 1984 payroll in the amount of $373,455.16. Mrs. Benjamin seconded. Carried unanimously. TREASURER'S SEPTEMBER REPORT Mr. Carlson moved Council accept Treasurer's report for the month of September, 1984. Mrs. Benjamin seconded. Carried unanimously. ROUTE 85 SPECIFIC PLAN Letter from Barbara Spector, Chairman of the Planning Commission, relating Planning Commission's opposition to the inclusion of the preparation of a Specific Plan for the Route 85 Transportation Corridor in the 1984-85 budget. Mr. Carlson moved Council respond to Barbara Spector stating that the General Plan does call for Route 85 Specific Plan to be done by Planning Commission and adopted by the Council within 1 year from the time of the adoption of the General Plan. Mr. Daily seconded. Carried unanimously. LOS GATOS FLUME Mr. Ventura moved Council concur with Historic Preservation Committee recommendations 1 through 7 with the change of the word "should" to "shall" throughout the recommendations; as much of the existing Flume over the flat terrain be preserved; and other parts be moved to another appropriate site. These recommendations be forwarded to the County of Santa Clara Historical Heritage Commission and San Jose Water Works. Mr. Carlson seconded. Carried unanimously. ZONING ORDINANCE AMENDMENT RE HAZARDOUS MATERIALS Mayor Ferrito stated this was the time and place duly published for public hearing to consider Zoning Ordinance amendment A-84-6, amendments to the Town Zoning Ordinance concerning the storage of hazardous materials. Planning Director Lee Bowman explained this would be a permanent Ordinance to replace the Urgency Ordinance that was adopted previously. No one wished to speak on this issue. Mr. Carlson moved hearing be closed. Mrs. Benjamin seconded. Carried unanimously. Mrs. Benjamin moved reading be waived for ORDINANCE AMENDING THE ZONING ORDINANCE OF THE TOWN OF LOS GATOS ESTABLISHING A ZONING APPROVAL FOR THE STORAGE OF HAZARDOUS MATERIALS. Mr. Carlson seconded. Carried unanimously. Clerk read title. Mrs. Benjamin moved Council make findings that Ordinance amendment is consistent with the General Plan. Mr. Carlson seconded. Carried unanimously. Mrs. Benjamin moved Ordinance be introduced. Mr. Ventura seconded. Carried unanimously. CHANGE OF FEE SCHEDULE Mayor Ferrito stated this was the time and place duly published for public hearing to consider changes in various fees and charges for zoning, California Environmental Quality Act and subdivision proceedings and for various Engineering services. After further discussion and no one from the audience wished to speak on this issue, Mrs. Benjamin amoved hearing be closed. Mr. Ventura seconded. Questions were asked concerning various fees; definition of restaurants and cost of noticing. Council needed answers to these questions. The motion to close the hearing and the second was withdrawn and it was consensus of Council to continue this hearing until December 3rd, 1984. MEDITATION FEE CHANGES Mayor Ferrito stated this was the time and place duly published for public hearing to consider changes in mediation fees for all rental units containing three or more units. Harryette Shuell representing Information and Referral services spoke on the needs of the increase. No one else wished to speak on this issue. Mr. Carlson moved hearing be closed. Mrs. Benjamin seconded. Carried unanimously. Mr. Daily moved reading be waived for AN ORDINANCE AMENDING CHAPTER 24 OF THE TOWN CODE INCREASING THE REGULATORY FEE FOR ADMINISTRATION OF RENTAL DISPUTE MEDIATION AND ARBITRATION ORDINANCE. Mrs. Benjamin seconded. Carried by vote of four ayes. Mr. Ventura abstained. Clerk read title of Ordinance. Mr. Daily moved Ordinance be introduced. Mrs. Benjamin seconded. Carried by vote of four ayes. Mr. Ventura abstained. This would increase the Mediation Fee from $17.50 per unit to $22.00 per unit for rental units containing three or more units. RECESS Mayor Ferrito declared a recess. Meeting reconvened at 9:00 p.m.. APPEAL NATIONAL CONVENIENCE STORES Mayor Ferrito stated this was the time and place duly published for public hearing to consider the appeal of the Planning Commission's approval of conditional use permit application U-82-18 to continue operation of a convenience store in C-1 zone (National Convenience Stores, Inc./Stop 'N Go Markets). Mr. Faber, Attorney representing the National Convenience Store, Inc., spoke on previous hearing held in 1982 and the conditions that were placed upon the Stop 'N Go Market located at 445 Leigh Avenue. Mr. Faber voiced his opposition to Council hiring Mr. Hayes to represent the neighbors in the area of the market. Mr. Faber referred to Planning Commission minutes of August 8, 1984 and asked for more detailed minutes. He feels Planning Commission erred in limiting the hours of the store and does not feel evidence shows that store should not sell beer and wine, and record does not support requiring a security guard (which is a new condition placed by Planning Commission after the hearing). Mr. Faber presented Council with a three page summary of additional evidence supporting the granting of the appeal (report was noted as Exhibit #13). At this time Mr. Faber stated he would like to make the following suggestions: Council allow Stop "N Go Market to put in a security guard from 8:00 p.m. to 4:00 a.m.; continue hearing for 3 months; agree to meet with Town staff in a couple of months to see how effective the security guard has been and if the designated hours are working; then come back in 3 months and Council reevaluate this proposal. Mr. Faber feels this would solve the problem. Mr. Faber presented Mr. Ed Holton, an accountant who answered questions of Mr. Faber and Mr. Hayes. After some discussion of Council, Mayor Ferrito stated this issue would be continued to Monday the 26th day of November, 1984 at 7:30 p.m.. VERBAL COMMUNICATION Robert Hamilton, 368 Bella Vista Avenue, representing "Main Street Merchants", requested to be added to the list to receive the report on the changes in the various fees for certain Town services. 35 MPH SPEED LIMIT ON SHANNON RD. Discussion was held on proposal of establishing a 35 mph speed zone on Shannon Road. It was noted that all of Shannon Road is not in Los Gatos's jurisdiction and therefore should ask County to establish a similar speed zone. After further discussion, Mr. Ventura moved reading be waived for AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING SECTION 16-43.2 OF THE LOS GATOS TOWN CODE FOR ESTABLISHING SPEED LIMITS ON CERTAIN STREETS. Mr. Carlson seconded. Carried unanimously. Clerk read title. Mr. Daily moved ordinance be introduced. Mr. Carlson seconded. Carried unanimously. Mr. Carlson moved to authorize staff to solicit bids for the brush clearance, Striping and signing work, and appropriate $20,000.00 from the General Fund for the work. Mr. Daily seconded. Carried unanimously. ROUTE 85 Mr. Carlson moved to approve Route 85 Policy Advisory Board and Technical Advisory Committee update report. Mrs. Benjamin seconded. Carried unanimously. TREASURER Mr. Carlson moved for adoption of resolution No. 1984-203 entitled, A RESOLUTION ESTABLISHING COMPENSATION FOR THE POSITION OF TOWN TREASURER. Mr. Ventura seconded. Carried unanimously.. Mr. Robert Hamilton, from audience spoke in opposition to the above action. ADJOURNMENT Mayor declared the meeting adjourned at 11:00 p.m. to a joint meeting of the Parking Authority and Parking Commission to be held on November 15, 1984 at 8:00 a.m., in the Conference Room. ATTEST: Rose E. Aldag. Town Clerk