Loading...
M 09-17-84TOWN OF LOS GATOS CALIFORNIA TOWN COUNCIL/PARKING AUTHORITY AGENDA SEPTEMBER 17, 1984 TOWN COUNCIL The Town Council of the Town of Los Gatos met in the Council Chambers of the Town Hall at 8:15 p.m. in a special noticed Parking Authority meeting along with a regular session of the Town Council meeting, with Vice Mayor Benjamin chairing the first part of the meeting. ROLL CALL PRESENT:Joanne Benjamin, Eric D. Carlson, Terrece J. Daily, Brent N. Ventura and Mayor Thomas J. Ferrito. ABSENT:None. PLEDGE OF ALLEGIANCE Given by all in attendance. APPOINTMENTS YOUTH ADVISORY COMMISSION Vice Mayor Benjamin stated interviews had been held prior to the Council meeting for vacancies on the Youth Advisory Commission. Vacancies are for three Junior High Students and five High School Students. Mrs. Benjamin stated she was happy to announce there were four applicants for the three Jr. High positions and fourteen applicants for the five High School positions. Mr. Daily moved to extend and enlarge the Youth Commission membership and appoint all youths that applied and feels with this appointment, Council should create another adult member on said Commission to balance ratio. Town Clerk be instructed to advertise for the vacancy of the additional adult member to said Commission, as soon as possible. Mr. Ventura seconded. Carried by vote of 4 ayes. Mr. Ferrito abstained stating "Unfortunately h was not able to vote for any of the qualified young people as his daughter is an applicant and therefore it would not be appropriate for him to participate". Vice Mayor Benjamin announced the following persons were appointed to the Youth Advisory Commission. Jill Halverson; Claudia J. Kishler; Erica J. Cosgrove and Jill Musser as Junior High representatives. Kimberly Forrester; Philip R. Anderson; Elena M. Nicoladis; Stefani Schmitt; Samantha M. Dahl; Laura L. Apfel; Megan Ferrito; Indra N. Chatterjee; Jonathan L. Petersen; Shannon P. Rodgers; Kristi Musser; Christine M. Jolls; Steven G. Rose and Kevin S. Doyle as High School representatives. PERSONNEL BOARD Vice Mayor Benjamin stated one application for the vacancy on the Personnel Board had been received and the applicant, Mr. Steele had been interviewed prior to the Council meeting. Mr. Carlson moved for the appointment of Mr. Steele to the Personnel Board. Mr. Daily seconded. Carried unanimously. COMMUNITY SERVICES COMMISSION Vice Mayor Benjamin stated applications were received from Paul Steele and Michael H. Abkin for the one vacancy on the Community Services Commission. Mr. Carlson moved to appoint Mr. Abkin to the Community Services Commission. Mr. Ventura seconded. Carried unanimously. PARKING COMMISSION Vice Mayor Benjamin stated applications were received from Charles DeFreitas; Deal Christensen,Jr.; Gene Rugani; Rex Morton; Frank Howell; Bert D. Millen and John McNulty for the 7 vacancies on the Parking Commission and interviews of said applicants had been held prior to the Council meeting. Town Attorney Levinger stated it is Council's understanding in making the appointments to the Commission, and this is for the purposes of avoiding any Conflict of Interest problems on the appointments, the individuals appointed to the Parking Commission are intended to represent and further the interest of the business owners and property owners in the Central Business District and the property owners in the adjacent residential neighborhood and such representation and furtherance will ultimately serve the public interest. Accordingly, the Town Council finds that for purposes of persons who hold the office of member of the Parking Commission, the business and property owners in the Central Business district and the residential neighborhood adjacent thereto are tantamount to and constitute the public generally within the meaning of Section 87103 of the Government Code. Mr. Daily stated on advice of Town Attorney, because of potential conflict of interest, he would be abstaining from voting on said appointments. Mr. Ventura moved for appointment of the seven applicants. Mr. Carlson seconded, with request that staff report back as to how Council can establish membership, to the Parking Commission with respect to people who are not residents of the Town. Carried by vote of three ayes. Mr. Daily abstained as did Mr. Ferrito due to possible conflict of interest. Vice Mayor Benjamin stated that concluded the meeting of the Parking Authority and turned the meeting over to Mayor Ferrito to continue with the regular Town Council meeting. PRESENTATION Mayor Ferrito introduced each member of the Los Gatos Little League All Star Team along with their coaches and presented each with a Resolution of Commendation along with an engraved Key to the Town. CLOSED SESSION Mayor Ferrito stated Council had met in Closed Session prior to the Council; meeting and denied the application for filing a late Claim for Damages on behalf of Robert & Sherry Ilse and approved the payment of Miriam Greene's claim in the amount of $387.61. These were approved by vote of 4 ayes. Mr. Ventura was absent. BID AWARD PORTABLE RADIOS Staff reported that three bids were received and opened on September 6, 1984. Bids received ranged in price from low bid of $20,192.40 to high bid of $33,077.84. Mrs. Benjamin moved to accept staff recommendation and award the bid for the purchase of fifteen (15) MPX portable radios and accessories to General Electric Company for total price of $20,192.40. Mr. Daily seconded. Carried unanimously. BID AWARD PROJECT 301 STREET RESURFACING Staff reported that five bids were received and opened on September 12, 1984. Bids received ranged in price from low bid of $258,394.03 to a high bid of $282,774.00. Mr. Carlson moved to accept staff recommendation and award the bid to Wattis Construction Company in the amount of $258,394.03 and authorize the Mayor to sign the contract on behalf of the Town. Mrs. Benjamin seconded. Carried by unanimously. COMMUNICATIONS (REFERRAL/FILE) a.Letter from C. Yvette re garbage cans at the Burger Pit Restaurant on Saratoga Avenue. Mr. Ventura moved this communication be filed and notify C. Yvette there is no violation of any Town Code involved. Mrs. Benjamin seconded. Carried unanimously. b.Letter from C. Yvette re barking dogs on Almendra Avenue. Mr. Ventura moved to refer this communication to the Police Department for appropriate action. Mrs. Benjamin seconded. Carried unanimously. c.Letter from Thomas Linden (Scout troop 603) requesting use of Town property during Annual Christmas Parade. Mr. Ventura moved to refer communication to staff for report back to Council on October 1, 1984. Mrs. Benjamin seconded. Carried unanimously. d.Letter from POA and TEA requesting Town approval to hold a Bob Cat Run on October 27, 1984. Mr. Ventura moved to refer the above request to Police Chief and Parks, Forestry and Maintenance Director for report back to Council on October 1, 1984. Mrs. Benjamin seconded. Carried unanimously. e.Letter from Marle Johnston re street resurfacing program. Discussion was held re alternative method's of resurfacing. Director of Public Works J. Van Houten answered questions of Council, stating he feels this program gives more advantages than other plans. Mr. Ventura moved this communication be referred to the Director of Parks, Forestry and Maintenance and respond with a letter explaining different processes and cost of same. Mrs. Benjamin seconded. Carried unanimously. f.Letter from Andrew Cashetta re Winchester Boulevard. Mr. Ventura moved to refer communication to the Town Engineer for report back to Council on October 1, 1984. g. Letter from Jean McClain re Route 85. Consensus of Council to refer said communication to Mayor for response. SCHEDULE OF PUBLIC HEARINGS Information for Council. TRACT NO 7657 Mr. Ventura moved for the adoption of Resolution No. 1984-160 entitled, RESOLUTION APPROVING AND ACCEPTING FINAL MAP OF TRACT NO. 7657. Mrs. Benjamin seconded. Carried unanimously. TRACT NO. 7458 Mr. Ventura moved for adoption of resolution No. 1984-161 entitled, RESOLUTION APPROVING AND ACCEPTING FINAL MAP OF TRACT NO. 7458. Mrs. Benjamin seconded. Carried unanimously. LOS GATOS BLVD. PAVEMENT TESTING Discussion was held on cost for the testing and Director of Public Works answered questions of Council re the project. Mr. Ventura moved to accept staff recommendation and authorize the employment of Curtis/Herriman, Inc. for additional pavement testing on Los Gatos Boulevard; approve a supplemental appropriation in the amount of $1,915.00 for the additional testing and requested staff to investigate Lark Avenue intersection. Mrs. Benjamin seconded. Carried unanimously. COUNTY REFERRALS Mr. Ventura moved to accept staff recommendation on the following: 2255-30-38-84SP Summit Road Taylor Special permit for mobile home location No comment. Mrs. Benjamin seconded. Carried unanimously. CONTRACT FOR EIR WESTERN CALIF.UNIVERSITY Mr. Ventura moved for adoption of Resolution No. 1984-162 entitled, RESOLUTION AUTHORIZING AGREEMENT TO PREPARE A FOCUSED ENVIRONMENTAL IMPACT REPORT. Mrs. Benjamin seconded. Carried unanimously. DELETION OF PARKING RESTRICTIONS ON N. SANTA CRUZ AVE. Mr. Ventura moved to accept staff recommendation and adopt Resolution No. 1984-163 entitled, PARKING RESTRICTION - NORTH SANTA CRUZ AVENUE. (this will delete the ban on Sunday parking restriction between W. Main Street and Bachman Avenue effective September 17, 1984.) Mrs. Benjamin seconded. Carried unanimously. STORAGE OF HAZARDOUS MATERIALS ORD. AMENDMENT Information report stated Planning Commission will be considering the Ordinance amendment on September 12, 1984 and this will be forwarded to the Council for their consideration and can be heard as soon as Town Clerk sets this matter for public hearing. PLANNING COMMISSION CHAIRMAN Planning Commission reported that on September 12, 1984 the Planning Commission elected Barbara Spector as Chairman and Kathryn Morgan as Vice- Chairman. REVOCABLE PERMIT FOR 16700 CYPRESS WAY Mr. Altmann stated he was happy with the recommendation and in view of benefit to the Town he is requesting the waiving of the fees for the revocable permit. After some discussion Mr. Carlson moved to approve a revocable permit to allow the use of a portion of the Cypress Way right-of-way for construction and maintenance of a wood retaining wall; authorize the Town Engineer to issue said permit and this be subjected to staff report back to Council as whether this has been done before and what benefit the Town would receive. Mrs. Benjamin seconded. Carried unanimously. DENYING APPEAL 15600 LOS GATOS BOULEVARD Mr. Ventura moved for adoption of Resolution No. 1984-164 entitled, RESOLUTION DENYING APPEAL OF BUILDING OFFICIAL'S DECISION RELATING TO HANDICAPPED ACCESS REQUIREMENTS FOR PROPOSED ADDITION TO AUTOMOBILE SALES BUILDING WITH CERTAIN MODIFICATIONS THERETO. Mrs. Benjamin seconded. Carried unanimously. GRANT APPEAL 300 E. MAIN ST. Mr. Ventura moved for adoption of Resolution No. 1984-165 entitled, RESOLUTION GRANTING APPEAL OF BUILDING OFFICIAL'S DECISION RELATING TO HANDICAPPED ACCESS REQUIREMENTS FOR A NEW OFFICE BUILDING (300 E. Main Street - Joel Gambord). Mrs. Benjamin seconded. Carried unanimously. MINUTES SEPTEMBER 4, 1984 Mrs. Benjamin referred to misspelling on page 3, and on Page 5, Subject- APPEAL -300 E. Main - last motion to read "Mrs. Benjamin moved to grant the appeal as state architect has determined that the building owners private restroom need not be accessible to handicapped. The building will only be 1,000 square feet with little public traffic. " Page 5 - Subject OLD TOWN APPEAL- add the following. "Mrs. Benjamin seconded. Carried by vote of four ayes. Mr. Ventura abstained. Mrs. Benjamin moved minutes be approved as amended. Mr. Ventura seconded. Carried unanimously. COMMUNICATIONS a.Letter from Mr. & Mrs. Clifford Petersen requesting release of $20,000 assignment of security being held by the Town to assure the completion of improvements at 110 Wooded View Drive. Mr. Petersen spoke on the completion of items noted in the report from the Town Engineer. Discussion was held on when improvements would be completed and what cost of completion is estimated. Town Engineer answered questions of Council. After further discussion Mrs. Benjamin moved to release $19,000 with Town retaining $1,000 until all work is completed. Mr. Daily seconded. Carried by vote of 3 ayes. Mr. Ventura and Mr. Ferrito voting no as they feel this is inconsistent with Town policy. b.Letter from photographic Guild of Los Gatos, requesting a waiver of fees for use of the activity Room and room 214 at the Neighborhood Center. Mr. Ventura moved to accept staff recommendation and approve the photographic Guild's request to waive fees only for the use of the Activity Hall in the Neighborhood Center on November 16-18, 1984 and deny the waiver of fees on Room 214. Motion dies for lack of second. Mr. Carlson moved to approve the waiving of fees for the activity Hall plus fees for Room 214 if room is not in use. Mrs. Benjamin seconded. Carried unanimously. AUGUST 1984 WARRANTS Mr. Ventura moved this be held for approval until the next meeting of October 1, 1984. Mr. Daily seconded. Carried unanimously. AUGUST FINANCIAL STATEMENTS Mr. Carlson moved for approval of the Financial statements for August, 1984 from the office of Town Clerk. Mr. Ventura seconded. Carried unanimously. TREASURER'S AUGUST REPORT Mr. Carlson moved approval of Treasurer's report be continued to meeting of October 1, 1984, and request explanation from the Town Treasurer re one item on the report. Mrs. Benjamin seconded. Carried unanimously. TOWN PLAZA PLANS Mr. Carlson and Mr. Ventura volunteered to work with a two person Park Commission Committee and staff in finalizing the conceptual plans for the Town Plaza re-development. GENERAL PLAN AMENDMENT GP-83-1 Mayor Ferrito stated this was the time and place noted for public hearing on the General Plan Amendment GP 83-1. Mr. Carlson moved Council accept Planning Commission's request and continued this hearing to November 19, 1984 as work had not been completed responding to the additional and recent State requirements regarding the Housing and Land Use Elements. Mrs. Benjamin seconded. Carried unanimously. APPEAL ARCHITECTURE & SITE APPLICATION S-84-42 (PENNINGTON Mayor Ferrito stated this was the time and place duly published for public hearing to consider the appeal of Planning Commission conditions of approval of Architecture and Site Application S-84-42 for property located at Kennedy Road at Top of the Hill Road (Pennington). Planning Director Lee Bowman gave verbal summary report stating 2 appeals were filed 1) by Mr. Fluer, Mr. Nash and Mr. Mills, neighbors of property owned by Mr. Pennington, and the other appeal filed by Mr. Pennington. Mr. Bowman stated Fluer, Nash and Mills appeal covered 6 major issues. WATER SYSTEM - and the Town Policy is if you have an existing lot and single family dwelling, Town does not require a public water system if one is not available. The question is if there is adequate water. If Mr. Pennington has water rights the Town can neither take them away or grant them. The quantity and credibility of the water has to be determined by a study. EIR REPORT - This project is categorically exempt. HILLSIDE PLAN VIOLATIONS - This was reviewed according to State Law Geological hazards. TREE REMOVAL- Hillside Plan not as restrictive as Town ordinance. Staff covered issue of trees being removed, reason for removal and conditions of replacement. SEWAGE DISPOSAL - Approval of this is consistent with Town policies for single family dwelling on an existing lot. When no sewer available, septic systems are approved if they have been approved by the County Health Dept. Issue of water lines -- it was the opinion of the Engineer the logical place for the water lines would be up the driveway. SURVEY DISPUTE - This is private dispute between Mr. Nash and Mr. Pennington and is not within the Town's ability to resolve. FIRE PROTECTION - plans are consistent with Fire Department recommendation. Town could add a condition that fire protection measures are required to be installed prior to issuance of building permit. PENNINGTON APPEAL - Mr. Pennington is asking for the deletion of conditions 7 and 14 dealing with adequacy of water and based on testimony its apparent that applicant cannot comply in total with condition #7 as it requires agreement with neighbors. In reviewing condition #14, it covers the same concern, that Town has prompted condition #7. The two conditions are probably repetitive and recommend that #7 condition be dropped in favor of condition #14 and Council concerns would still be met. Speaking on this issue was Mrs. Fluer, Mr. Nash and Mr. Mills, stating their concerns on various conditions. Mr. Hitchcock, 15060 Kennedy Road, spoke on his concerns if grading were allowed to be done later than October 1, 1984. Discussion was held on driveway design, widening of the road and moving of the pillars, screening to hide propane tanks and solar panels. Mr. Pennington, appellant requested conditions #7 & #14 be deleted and grading date be changed from October 1, 1984 to November 1, 1984. No one else wished to speak on this issue, Mr. Daily moved hearing be closed. Mrs. Benjamin seconded. Carried unanimously. After discussion Mr. Carlson moved based on new information, conditions #7 & #14 be combined, that the applicant by virtue of a certified engineering report demonstrate that there is adequate water supply on the property. He cannot see where Planning Commission erred in their decision, but finds they did not have all the information to act on. Mrs. Benjamin seconded. Carried unanimously. Mr. Ventura moved that the concrete pillars be retained to accommodate new driveway as Planning erred in failing to consider the historic features of pillars. Mr. Daily seconded. Carried by vote of three ayes. Mrs. Benjamin and Mr. Carlson voting no. Mr. Ventura moved that additional trees be required to be planted along the driveway to replace those being removed by the driveway widening. These be to the satisfaction of the Town Engineer. Planning Commission erred in not requiring said trees. Mr. Carlson seconded. After further discussion Mr. Carlson withdrew his second and motion died for lack of second. Mr. Carlson moved to grant the appeal insofar as Council has modified the conditions. Mr. Daily seconded. Carried unanimously. Town Attorney directed to prepare the appropriate Resolution and present for Council consideration at the next meeting. RECESS Mayor Ferrito declared a recess. Meeting reconvened at 10:30 P.M. APPEAL ARCHITECTURE & SITE APPLICATION S-84-55 BASUINI Mayor Ferrito stated this was the time and place duly published for public hearing to consider the appeal of Planning Commission's conditions of approval, specifically the requirement of a 35 foot set back for a proposed wall being placed on Architecture and Site Application S-84-55 for property located at 16351 Los Gatos-Almaden Road (Basuini). Planning Director, Lee Bowman, reported to Council on this project stating the property is designated historical. Mr.& Mrs. Basuini spoke on the appeal stating to ask for 35 foot set back set back would take out a number of their fruit trees and that is the reason they bought the property was for the trees. No one else wished to speak on this issue. Mrs. Benjamin moved hearing be closed. Mr. Ventura seconded. Carried unanimously. Discussion as held on the possibility of installing the fence in panels so it could be removed and set back at a later date. After further discussion it was consensus of Council that they would like to allow fence be set at 3 or 4 feet and continue their decision on the appeal until staff could meet with Mr. & Mrs. Basuini and review alternate possibilities. Continued to October 1, 1984. APPEAL BUILDING OFFICIALS REQUIREMENTS 114 N. SANTA CRUZ Mayor Ferrito stated this was the time and place duly published for public hearing to consider the appeal of Building Official's decision concerning handicapped access at 114 North Santa Cruz Avenue. Arthur Yeap, appellant spoke on the application and is pleading unreasonable hardship due to the smallness of the building and the cost of said requirement. There being one else wishing to speak on this issue. Mr. Ventura moved hearing be closed. Mrs. Benjamin seconded. Carried unanimously. Mr. Ventura moved to grant the appeal as compliance to regulations creates an unreasonable hardship as defined in Section 2-422 of the regulations. Mrs. Benjamin seconded. Carried unanimously. Town Attorney directed to prepare appropriate Resolution and present to the Council for their consideration at the next meeting. VERBAL COMMUNICATIONS Mr. Robert Hamilton, 361 Bella Vista Avenue, spoke on traffic problems on Saratoga Avenue between Saratoga Avenue and Montgomery. Council requested that citizen meet with staff, to explain his concerns and directed staff to come up with some solutions or suggestions. Mr. Hamilton also spoke on special meetings being called and public not having much advance notice. DRAINAGE ON YOSEMITE WAY Mayor Ferrito referred to staff report re drainage problem that has been reported by Mr. & Mrs. Gerhardt at 141 Wheeler Avenue. The question is as to the responsibility for correcting the drainage problem. Mr. & Mrs. Gerhardt answered questions of Council. After much discussion and agreement of the Gerhardts', Mr. Ventura moved based on the other storm water run off, he feels Town has a responsibility to make drainage system improvements in the public right-of-way to benefit the Gerhardt property. Direct staff to prepare a concept plan for implementation of Alternative #2 which would relocate a portion of storm drain to Yosemite Way. Mr. Carlson seconded. Carried unanimously. CONSULTANT SERVICES FOR PLAN & MAP CHECK Information report to Council. ADJOURNMENT Mayor declared the meeting adjourned at 11:50 p.m. ATTEST: Rose E. Aldag Town Clerk