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M 01-17-84TOWN OF LOS GATOS CALIFORNIA TOWN COUNCIL/PARKING AUTHORITY AGENDA JANUARY 17, 1984 TOWN COUNCIL The Town Council of the Town of Los Gatos met 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. ABSENT:None. PLEDGE OF ALLEGIANCE Given by all in attendance. CLOSED SESSION REPORT Mayor Ferrito reported that Council had met in Closed Session prior to the Council meeting and discussed labor relations. APPOINTMENT COMMUNITY SERVICES COMMISSION Mayor Ferrito stated one application had been received for the vacancy on the Community Services Commission. Due to the applicant not being present for the interview, it was consensus of Council to instruct the Clerk to readvertise for the vacancy on the Commission. YOUTH ADVISORY COMMISSION Mayor Ferrito stated there is one vacancy at Jr. High Youth member on the Youth Advisory Commission and had received applications from Kevin Whyte and Tyler Reed. Both youths had been interviewed prior to the Council meeting. Mr. Ventura moved to appoint both young men to the Commission. Mr. Daily seconded. Carried unanimously. Mayor Ferrito stated staff will prepare the necessary resolution to increase the number of members of the Youth Advisory Commission and present for Council consideration at the next meeting. STUDENT PARK COMMISSION Ardith Sams, Park Commissioner, stated applications were received from Timothy Allari, Daniel Hastings, Cindy Kelley, Kristine Kirkendall, Theresa VelCamp, Julia M. Weick and Matthew W. O'Brien. A sub-committee selected by the Park Commission interviewed the seven student candidates and recommended the appointment of Julia Weick and Cindy Kelley. Mrs. Benjamin moved to accept Park Commission's recommendation and Julia Weick, student at Los Gatos High School and Cindy Kelley, student at Presentation High School be appointed as student members of the Los Gatos Park Commission for a one year term effective February 1, 1984. Mr. Daily seconded. Carried unanimously. COMMUNICATIONS a. Petition from Morris J. Piazza Regarding the dangerous traffic situation at the corner of Blossom Hill Road and Winterbrook Road. Mr. Daily moved to refer this letter to Town Engineer for response. Mrs. Benjamin seconded. Carried unanimously. b. Letter from June Fromm regarding dangerous pedestrian crossing situation at Los Gatos boulevard and Saratoga Avenue. Mr. Daily moved to refer this letter to Town Engineer for response Mrs. Benjamin seconded. Carried unanimously. c. Letter from Mr. Donald Gilbert concerning the stop sign at Los Gatos-Almaden Road at National Avenue. Mr. Daily moved to refer to Police Department for response and request that a traffic report be prepared by Engineering Department as to whether or not the stop sign is still the appropriate measure of traffic control. Mrs. Benjamin seconded. Carried unanimously. d. Letter from D. Niessen requesting Council support of the regatta to be held by the Los Gatos Rowing Club, at Lexington Dam, later in the year. Mr. Daily moved Town Manager to respond and advise that Town staff had been authorized to work with the Rowing Club. Mrs. Benjamin seconded. Carried unanimously. e. Letter from Ming Quong Children's Society requesting use of the Civic Center facilities for the Strawberry Festival to be held June 2nd and 3rd, 1984. Mr. Daily moved this be referred to the Director of Parks, Forestry and Maintenance Services for report. Mrs. Benjamin seconded. Carried unanimously. PUBLIC HEARING SCHEDULE Information for Council. COMMENDATION JOSE STELL Mr. Daily moved for adoption of Resolution No. 1984-6 entitled, A RESOLUTION COMMENDING JOSE STELL (reporter for the San Jose Mercury News), for his services to the community in attending and reporting the news of the Town Council meetings and Planning Commission over a period of twenty years. Mrs. Benjamin seconded. Carried unanimously. COMMENDATION RUSSELL COONEY Mr. Daily moved for adoption of Resolution No. 1984-7 entitled, A RESOLUTION COMMENDING RUSSELL J. COONEY, for his services as member of the Los Gatos Sister City Committee. Mrs. Benjamin seconded. Carried unanimously. COMMENDATION ROBERT COWAN Mr. Daily moved for adoption of resolution No. 1984-8 entitle, A RESOLUTION COMMENDING ROBERT C. COWMAN, for his services as member of the Town's Human Advisory Commission and for serving 7 years as member of the Community Services nd Development Commission. Mrs. Benjamin seconded. Carried unanimously. COUNTY REFERRALS Mr. Daily moved Council accept staff recommendation on the following: 275-31-38-Z-83P-83A Wieser 2391 Summit road Modification of Kennel bldg. to enclosed kennel runs per order of Planning Commission 11-3-83 No comment. 2080-30-50-84DR 14505 Arnerich Hill Rd. Romark Mr. Bowman suggested that Council request for additional information on future applications and this request be sent to be Board of Supervisors. Mrs. Benjamin seconded. Carried unanimously. HOLLYWOOD AVE. PARKING PROHIBITION Mr. Daily moved for adoption of resolution No. 1984-9 entitled, PARKING PROHIBITION - HOLLYWOOD AVENUE (prohibits parking on the southerly end of Hollywood Avenue). Mrs. Benjamin seconded. Carried unanimously. LEROY AVENUE PARKING PROHIBITION Mr. Daily moved for adoption of Resolution No. 1984-10 entitled, PARKING PROHIBITION - LEROY AVENUE (this prohibits parking on the south side of Leroy avenue west of Los Gatos Boulevard). Mrs. Benjamin seconded. Carried unanimously. AMENDMENT KAISER MEDICAL INSURANCE AGREEMENT Mr. Daily moved for adoption of Resolution No. 1984-11 entitled, A RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO EXECUTE AN AMENDMENT TO THE GROUP MEDICAL AND HOSPITAL SERVICE AGREEMENT BETWEEN THE TOWN AND KAISER FOUNDATION HEALTH PLAN, INC. Mrs. Benjamin seconded. Carried unanimously. AMENDMENT CONSTRUCTION TAX ORDINANCE Mr. Daily moved for adoption of Ordinance No. 1604 entitled, AN ORDINANCE AMENDING CHAPTER 15 OF THE TOWN CODE RELATING TO CONSTRUCTION TAX. Mrs. Benjamin seconded. Carried unanimously. CONSTRUCTION OF STORAGE SPACE IN COUNCIL LOBBY Council received report from Staff recommending Council authorize the seeking of quotations to build storage space on both sides of the Council Chambers lobby. Estimate on cost would not exceed $5,800.00 in total. Mr. Daily moved to authorize staff to obtain quotations for the construction of storage space in the Council Chambers lobby area. Mrs. Benjamin seconded. Carried unanimously. VASONA CORRIDOR LIGHT RAIL REPORT Information for Council. FILING FEES HISTORICALLY DESIGNATED PROPERTY Mr. Daily moved to accept report from staff and instruct the Town Clerk to set public hearing for February 21, 1984, to amend Section 4.86.230 of the zoning Ordinance to limit the exemption from fees for historically designated properties. Mrs. Benjamin seconded. Carried unanimously. SAN BENITO/ANDREWS STREET TRAFFIC CONTROL MEASURES Mr. Daily moved for adoption of Resolution No. 1984-12 entitled, A RESOLUTION RESCINDING THE SAN BENITO AVENUE AND ANDREWS STREET TRAFFIC DIVERTER PLAN AND IMPLEMENTING FURTHER TRAFFIC CONTROL MEASURES, (with an additional paragraph added, stating a public hearing has been scheduled for April 16, 1984. Mrs. Benjamin seconded. Carried unanimously. HUMAN RELATIONS MONTH Mr. Daily moved for adoption of Resolution No. 1984-13 entitled, A RESOLUTION DESIGNATING FEBRUARY 1984 "HUMAN RELATIONS MONTH". Mrs. Benjamin seconded. Carried unanimously. MINUTES Discussion was held regarding Communication (referral/file) and item d. Letter from D. Faries regarding Hearst Cablevision. Action should be, "Staff to respond". Mr. Ventura moved minutes of January 3, 1984, be approved as corrected. Mrs. Benjamin seconded. Carried unanimously. COMMUNICATIONS (for action) a.Letter from Nelle Handley resigning from Advisory Council of the Council on Aging. Mr. Ventura moved to accept resignation with regret and that an appropriate Resolution of Appreciation be prepared for Council consideration at the next meeting and the Town Clerk be instructed to advertise the opening. Mr. Daily seconded. Carried unanimously. WARRANT DECEMBER 1983 Mr. Daily moved to approve warrants for December, 1983, in the amount of $490,788.05. Mrs. Benjamin seconded. Carried unanimously. FINANCIAL STATEMENTS Mrs. Benjamin moved to accept financial statements for the month of December, 1983, from the Office of Town Clerk. Mr. Daily seconded. Carried unanimously. GENERAL PLAN AMENDMENT HILLSIDE SPECIFIC PLAN Mayor Ferrito stated this was the time and place for public hearing to consider a new format and amendments to the Los Gatos Hillside Specific Plan. No one from the audience wished to speak on this issue. Mr. Daily moved hearing be closed. Mrs. Benjamin seconded. Carried unanimously. Mr. Carlson moved to refer to Planning Commission and request them to look into the density in Belgatos area (sub-area 1). Mr. Daily seconded. Mr. Ventura asked that sub- area 2 also be looked into. Mr. Carlson stated he would add that to general motion. Mr. Daily seconded. Carried unanimously. UNDERGROUND UTILITY DISTRICT 268-CT Mayor Ferrito stated this was the time and place duly published for public hearing to consider the establishment of an Underground Utility District No. 83-1, Project No. 268-CT, along University Avenue between Miles Avenue and Saratoga Avenue. Director of Public Works, Mr. Van Houten, reported on the establishment of said district and the approximate cost. Discussion was held on residential properties that would be affected. No one from the audience wished to speak on this issue. Mr. Ventura moved hearing be closed. Mr. Carlson seconded. Unanimously carried. Mr. Carlson moved reading be waived on AN ORDINANCE OF THE TOWN OF LOS GATOS ESTABLISHING UNDERGROUND UTILITY DISTRICT NO. 1983-1, PROJECT 268-CT IN THE UNIVERSITY AVENUE AREA. Mr. Daily seconded. Carried unanimously. Clerk read title. Mr. Carlson moved to introduce the ordinance establishing the District and setting November 1, 1984, as the deadline for providing and receiving underground service, and November 30, 1984, as the time by which all overhead facilities must be removed for the District. Mrs. Benjamin seconded. Carried unanimously. Discussion was held regarding policy of cost of installation by the property owner's and Town's participation in this venture. After further discussion, Mr. Ventura moved to direct staff to develop plans and specifications for bids on electroliers. Mr. Daily seconded. Carried unanimously. Discussion was held on the notifying of property owners in the district and cost of said project, etc. Mr. Daily moved to continue this matter to February 21, 1984, and asked staff for a report on cost analysis of said project; what impact the project would have on this area and other areas in Town; distinguish between commercial used property and residential, and what funds are available for this project. Mr. Ventura seconded. Carried unanimously. AMENDMENT TO ZONING ORDINANCE ESTABLISHING (FAR) IN C-2 ZONE Mayor Ferrito stated this was the time and place duly published for public hearing to consider an amendment to the Town Zoning Ordinance to establish a floor area ratio (FAR) for properties in the C-2 Zone. Lee Bowman, Planning Director, answered questions of Council on this issue regarding building being destroyed by fire or some other disaster or just being torn down. It was consensus of Council the ordinance should reflect this. No one else wished to speak on this issue, Mrs. Benjamin moved hearing be closed. Mr. Carlson seconded. Carried unanimously. Mr. Carlson moved to make the findings that the Ordinance amendment is consistent with the General Plan and Downtown Specific Plan. Mrs. Benjamin seconded. Carried unanimously. Mr. Ventura moved reading be waived for ORDINANCE AMENDING THE ZONING ORDINANCE OF THE TOWN OF LOS GATOS CONCERNING FLOOR AREA RATIO. Mr. Daily seconded. Carried unanimously. Clerk read title. Mr. Carlson moved to amend the Ordinance as follows: Page 2, Section 4.56.080, MAXIMUM FLOOR AREA RATION, second paragraph and second line to read,". . . a FAR of .60 within the C-2 zone are destroyed involuntarily, . . .". Mr. Ventura seconded. Carried unanimously. Mrs. Benjamin moved ordinance be introduced as amended. Mr. Carlson seconded. Carried unanimously. VERBAL COMMUNICATIONS Dr. Harry Banoff, member of the Board of Directors of the West Valley Symphony Orchestra, stated the Symphony Orchestra's next concert will be held January 28th, 1984 and is featuring Los Gatos resident and Stanford Medical School faculty member Dr. Richard Sogg. Dr. Banoff then asked Council to proclaim the week of January 22nd to January 28th, 1984 as WEST VALLEY SYMPHONY WEEK. Mr. Daily moved Council proclaim the week of January 22nd through 28th, West Valley Symphony Week and Mayor be authorized to sign said proclamation. Mrs. Benjamin seconded. Carried unanimously. SMOKE DETECTORS Council spoke of its concerns regarding liabilities, Certifications and dictating as to the placements of said detectors. After further discussion, Mrs. Benjamin moved to refer the ordinance back to the Community Services Commission for review and report regarding Council's concerns as stated above. Mr. Carlson seconded. Carried unanimously. CLARIFICATION OF BUSINESS LICENSE TAX The Town Manager spoke on the clarification of the business license tax regarding professionals, semi-professional fees, the commercial rental tax fee and explained to Council the options they can take. Council questioned the need for additional monies. Mr. Mora spoke on lack of Town receiving subvention monies from the State. Council spoke on the concerns for the sharp increase on some licenses for the professionals as the ordinance is interpreted as presented. Letters concerning business tax increases were received from the Chamber of Commerce and Ted Shebs of Shebs Realty. Speaking in opposition of the increase on professional licenses and the consideration of imposing a business license tax on commercial property rentals were Bill Murphy, Little Village Real Estate; Catherine Clevland, owner of Commercial property on N. Santa Cruz Avenue; C. Davies, commercial property owner; Bob Hamilton, Bella Vista Avenue; Deal Christensen, Chrislow's; Brian Neuschwander, Dan Simons, Harry Murray, of Fox & Carskadon and John Lochner, 150 Creffield Heights. The questions brought up were whether there is a need for more money to furnish Town services to the people of Los Gatos. After further discussion, Mr. Carlson moved that Council not impose a gross receipt tax to commercial rental properties. Mrs. Benjamin seconded. Carried by a vote of three ayes. Mr. Ferrito and Mr. Ventura abstained, they are professionals in the Town and are commercial renters. Discussion was held on how a cap could be placed on the tax of professional and semi-professional businesses. Mr. Carlson moved that professional and semi-professional business license tax not be increased more than 100% this year and this could be considered again a year from now. Mr. Daily seconded. Carried by a vote of three ayes. Mr. Ferrito and Mr. Ventura abstained due to having professional offices in Town and they are commercial renters. SAN JOSE POLICY ON BOUNDARY CHANGES Information for Council. ESTABLISHMENT POLICY PROCEDURES CONSULTANTS ON PRIVATE PROPERTY Mrs. Benjamin moved Council accept staff recommendation and (1) adopt a policy that whenever a consultant's opinion is needed to facilitate the Town' review of an application for development of private property, the consultant shall be hired by the Town, from a list established by the Town and that the consultant's fees be paid from funds deposited with the Town by the applicant. (2)Approve in principal options a, b and c. a.Require environmental consultants to specifically consider potential traffic soils engineering and geologic problems in all applications and recommend whether or not a more detailed report should be required. b.Require all Architecture and Site approval applications (or all applications in hillside areas) to go through the preliminary environmental screening, including consideration of soils engineering and geologic concerns. c.Set up a separate initial review process with an application fee to recover costs for all applications for development in a hillside area or in an identified fault zone not requiring environmental review. This process could involve an initial screening by a private consultant employed by the Town to determine if any geologic hazards exist and if a soils report should be required. (3)Direct staff to establish a list of traffic engineers, soils engineers and geologists for approval at the same time the list of environmental consultants is considered. Mr. Carlson seconded. Carried unanimously. CODE ENFORCEMENT OFFICERS WORK PRIORITIES Information for Council regarding work priorities for the Code Enforcement Officer. Council questioned whether the Officer would be active in delinquent business license tax. The Town Manager stated no, this will be handled by the Police Department. AUDITOR'S REPORT TRANSIT ASSIST Mr. Daily moved to accept the financial statement and auditor's report for Transit Assist Program, year ended June 30, 1983. Mrs. Benjamin seconded. Carried unanimously. ADJOURNMENT Mr. Daily moved meeting be adjourned at 10:05 p.m. Mrs. Benjamin seconded. Carried unanimously. ATTEST: Rose E. Aldag Town Clerk