Loading...
M 08-20-84TOWN OF LOS GATOS CALIFORNIA TOWN COUNCIL/PARKING AUTHORITY AGENDA AUGUST 20, 1984 TOWN COUNCIL The Town Council of the Town of Los Gatos met in the Council Chambers of the Town Hall at 7:45 p.m., in regular session. ROLL CALL PRESENT:Joanne Benjamin, Eric D. Carlson, Terrence J. Daily and Mayor Thomas J. Ferrito. ABSENT:Brent N. Ventura. PLEDGE OF ALLEGIANCE Given by all in attendance. CLOSED SESSION Mayor Ferrito stated Council met in Closed Session prior to the council meeting and discussed litigation and personnel matters. COMMENDATION Mr. Carlson moved for adoption of Resolution No. 1984-146 entitled, A RESOLUTION COMMENDING THE LOS GATOS LITTLE LEAGUE TOURNAMENT TEAM. Mr. Daily seconded. Carried unanimously. Mayor Ferrito informed the public that Council had sent a telegram congratulating the Los Gatos Little League on making the finals in the Little League World Series. Mayor also stated Resolutions of commendation would be presented to the team member and coaches would receive a Key to the Town of Los Gatos. COMMUNICATIONS (referral/file) a.Letter from the State Department of Housing and Community Development concerning Town's Draft Housing Element. Mrs. Benjamin moved to refer to the Planning Commission. Mr. Carlson seconded. Carried unanimously. b.Petition from King's Court Shopping Center Merchants Assn. concerning installation of a traffic signal at the intersection of Camellia Terrace and Blossom Hill Road. Mrs. Benjamin moved to refer to the Town Manager for response. The signal project is included in the Town's Six-Year Capital Improvement Plan. Carlson seconded. Carried unanimously. c.Notice from George A. Mann, Registrar of Voters and Recorder, regarding bilingual ballots. Clerk to respond that Council feels not necessary to print ballots in spanish s long as the information is available upon request. d.Letter from Colette Corwin regarding the 7th Annual Walk for the Hungry on Sunday, October 21st, 1984 from 1 to 6 p.m. The request is for the use of the Town streets for one day. Mrs. Benjamin moved to refer to the Chief of police for recommendation on September 4, 1984. Mr. Carlson seconded. Carried unanimously. e.Letter from Mr. & Mrs. Clifford Petersen concerning Wooded View Drive stabilization project. Mrs. Benjamin moved to refer this issue to the Town Engineering for monitoring of compliance. Mr. Carlson seconded. Carried unanimously. Staff to notify Mr. Petersen of Council action. f.Letter from Greg Heller and Yvain McDaniel regarding an advertising business in the Downtown area. This would be done by carrying a sandwich board while riding a unicycle. Mrs. Benjamin moved to refer this to the Town Attorney and Planning Director for report to Council on September 4, 1984. Mr. Carlson seconded. Carried unanimously. SCHEDULE OF PUBLIC HEARINGS Council informational item. APPROPRIATION FOR ENCUMBRANCES Mrs. Benjamin moved to accept staff recommendation and appropriate funds to various departments as follows: GENERAL FUND Town Manager $ 557.27 Town Clerk 29.00 Town Attorney 29.82 Building Regulation 1,012.21 General Town Administration 6,830.84 Police 6,301.62 Engineering 6,912.59 Parks, Forestry, Maintenance 24,193.73 Library 120.56 Equipment Reserve 100,310.28 General Fund Reserve 136,309.45 General revenue Sharing 14,148.63 Gas Tax 2107 46,000.00 Sanitary Sewers 8,345.05 Construction Tax 65,150.07 Community Programs 2,933.12 TOTAL:$ 419,184.24 Mr.Carlson seconded. Carried unanimously. BMP PROGRAM AMENDMENT Discussion was held on report re the marketing of units. Director of Community Services, Jill Cody answered questions of Council re income statistics used as basis for setting prices. Mrs. Benjamin moved for adoption of Resolution No. 1984-136 entitled, TOWN COUNCIL RESOLUTION SPECIFYING RULES, PROCEDURES AND CRITERIA FOR THE TOWN'S BELOW MARKET PRICE PROGRAM. Mr. Carlson seconded. Carried unanimously. PLANTER BOX REPAIRS PROJECT 298 Mrs. Benjamin moved to approve the Notice of Completion and Certificate of Acceptance for Project 298 - Planter Box Repairs. Mayor be authorized to execute said document and Clerk to record. Mr. Carlson seconded. Carried unanimously. FINAL MAP TRACT 7280 Mrs. Benjamin moved for adoption of Resolution No. 1984-137 entitled RESOLUTION APPROVING AND ACCEPTING FINAL MAP OF TRACT NO. 7280 AND AUTHORIZE THE EXECUTION OF THE CONTRACT FOR PUBLIC IMPROVEMENTS. Mr. Carlson seconded. Carried unanimously. PARKING LIMITS 637 N. SANTA CRUZ AVENUE Mrs. Benjamin moved for adoption of Resolution No. 1984-138 entitled, ONE HOUR PARKING - 637 NORTH SANTA CRUZ AVENUE. Mr. Carlson seconded. STREET RESURFACING PROJECT 301 Mrs. Benjamin moved for adoption of Resolution No. 1984-139 entitled, RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS APPROVING PLANS AND SPECIFICATIONS FOR PROJECT 301 - STREET RESURFACING; and authorize the Clerk to advertise for bids to be received September 12, 1984. Mr. Carlson seconded. Carried unanimously. COUNTY REFERRALS Mrs. Benjamin moved to accept staff recommendation on the County and City of San Jose referrals as follows: 1527-29-41-81CS Old Santa Cruz Hwy Gillette Time extension subdivision. 1391-28-40-81B Mt. Charlie Road Josselyn Time extension single bldg. site. Staff to forward the following comments to the county on both of the above time extensions. 1.Request no approval of either application until complete applications are referred to and reviewed by the Town. 2.Request the County to forward complete plans and supporting data for all requests for time extensions. 3.Oppose automatic time extensions on County referrals. PDC83-12-104 EIR Guadalupe Mines Rd. Los Gatos Golf & Country Club, Inc. Draft E.I.R. for a proposed Planned Development Pre- Zone. Continue this matter to its meeting of September 4, 1984, and request that the City of San Jose reset its public hearing to permit the Town to respond. 2221-29-50-84DR 17610 Foster Rd. McLain Design Review Approve subject to the condition that the property be annexed after the house is under construction. Mr. Carlson seconded. Carried unanimously. REVENUE ESTIMATES REVISION Mrs. Benjamin moved to approve the revenue estimate revisions as follows: Current Year Secured Property Tax $ 110,000 Current Year Unsecured Property Tax 15,000 Sales and Use Tax 200,000 Transfer from Motor Vehicle In-Lieu 500,000 Motor Vehicle In-Lieu Revenue 500,000 Transfer Out (to General Fund)-500,000 Mr. Carlson seconded. Carried unanimously. SOUTH SANTA CRUZ AVENUE Mrs. Benjamin moved to direct staff to request Cal Trans to install a "rumble strip" on the freeway off-ramp, and if Cal Trans refuses, direct staff to install a "rumble strip" just beyond the limit of the State right-of-way. Mr. Carlson seconded. Carried unanimously. CDBG JOINT POWERS AGREEMENT Discussion was held and Council requested that each participating city have input on any changes in funding formula, and language in agreement regarding any change in funding. Mr. Daily moved to adopt Resolution No. 1954-140 entitled, A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AUTHORIZING THE MAYOR TO EXECUTE A JOINT POWERS AGREEMENT AND COOPERATION AGREEMENT PURSUANT TO TITLE I OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974, AS AMENDED, FOR FY 1985-87. Mr. Carlson seconded. Carried by a vote of three ayes. Mayor Ferrito abstained. COMMENDING ED BURKE Mrs. Benjamin moved to adopt Resolution No. 184-141 entitled, A RESOLUTION COMMENDING ED BURKE. Mr. Carlson seconded. Carried unanimously. MINUTES AUGUST 6, 1984 Council requested the following corrections of the august 6, 1984 minutes: Page 1, subject - Appointment Community Services Commission . Correct spelling of "Randy Attaway". Add after the last sentence "Mr. Ventura seconded. Carried unanimously." Page 1, Subject - Letters to commission Applicants. Last sentence to read. "Mayor asked Clerk the reason for use of the letter to applicant and was informed it was an old form letter used prior to this Council. Mayor requested that from now on letter be reworded as it did not accurately state Council's policy". Page 5, Subject - Appeal Handicap Access, 15195 National Avenue. Second sentence to read, "Mr. Fenster, Attorney for the applicant, who spoke on the project, presented ...". Page 6, Subject - Appeal 50 University Avenue. The last motion on this subject should read, "Mr. Ventura moved Council affirm the Planning Commission's decision regarding the Conditional Use Permit and cannot find where the Planning Commission erred ...". Mr. Daily moved to approve the minutes as amended. Mrs. Benjamin seconded. Carried unanimously. COMMUNICATIONS (for action) A.Letter from the Los Gatos Athletic Club regarding their Annual Dammit run. Mrs. Benjamin moved to approve the request of the Los Gatos Athletic Association to hold its 11th Annual Dammit run on August 25, 1984. Mr. Daily seconded. Carried unanimously. WARRANT DEMAND LIST - JULY 1984 Mrs. Benjamin moved to approve the Warrant Demand List for July 1984 in the amount of $652,613.87. Mr. Daily seconded. Carried unanimously. FINANCIAL STATEMENT JULY 1984 Mrs. Benjamin moved to approve the Financial Status Report for July, 1984. Mr. Daily seconded. Carried unanimously. CULTURAL COMMISSION OUTREACH PROJECT Ethel Worn, member of the Cultural Commission, spoke on the request and answered questions of the Council members. Mr. Carlson moved to approve an appropriation of $754,00 from the Los Gatos Cultural Commission's FY 1984-85 budget for printing an announcement/advertisement in the Los Gatos Weekly every two weeks for one full year as part of the Commission's outreach efforts with review at our next joint meeting with the Cultural Commission. Mr. Daily seconded. Carried unanimously. APPEAL 50 UNIVERSITY AVENUE Mayor Ferrito stated this was the time and place duly published for public hearing to consider the appeal of Planning Commission conditions of approval for Architecture and Site Application S-84-39 for property located at 50 University Avenue. John Yohanan, representing Old Town, spoke on conditions placed on Architecture and Site Application S-84-39. He feels these issues relate to the Veranda restaurant and not Old Town. Mr. Yohanan furnished Council with Engineers cost on construction of wall and restroom addition of the Veranda Restaurant. George Magnents, owner of Old Town, stated if Council favors their appeal he would like to commence building the wall immediately. Mr. Jim Lewis spoke on Title 24 and what triggers requirements for handicap access. The Planning director, Lee Bowman, informed Council the Conditional Use Permit and Site nd Architecture Applications runs with the land. Discussion was held on if the Planning Commission had considered both applications at the same time and to the responsibility. No one else in the audience wished to speak on the issue. Mr. Daily moved hearing be closed. Mr. Carlson seconded. Carried unanimously. Mrs. Benjamin moved the Planning Commission's decision should be revised as finds the Planning Commission erred in considering the amount of construction being done by Old Town property, which causes, an economic hardship and moved appeal be granted. Mr. Carlson seconded, if motion would include that error was in Planning Commission placing same conditions on builder of the wall that was placed on the Veranda restaurant's Conditional Use Permit. Maker of motion agrees to amendment. Motion carried unanimously. The Town Manager restated the motion for clarification as follows: Granted the appeal of the various conditions imposed by the Planning Commission on the Architecture and Site Application and siting conditions; and also granted the appeal of the Building Officials decision relative to handicapped accessibility in Title 24. This would be the wall and building permit for the wall of the Veranda Restaurant and a building permit for Old Town. Council agreed to the Manager's statement. The Town Attorney was directed to prepare appropriate resolutions for Council consideration at the next Council meeting. RECESS Mayor Ferrito declared a recess. Meeting reconvened at 9:35 p.m. APPEAL ALERCHE DRIVE STREET TREES Mayor Ferrito stated this was the time and place duly published for public hearing to consider the appeal of Planning Commission's choice of species of street trees for Architecture and Site Application S-84-54 (Lot 1) and S-83-56 (Lot 3) on Alerche Drive. Dick Oliver, representing Dividend Development Corporation, stated he has no objection to changing the tree species. Discussion was held as to where the trees in question would be planted. Staff answered questions of Council regarding reason for the selection of Live Oaks rather than Liquid Amber or Camphor trees. No one else in the audience wished to speak on this issue. Mrs. Benjamin moved hearing be closed. Mr. Carlson seconded. Carried unanimously. Mr. Carlson moved that the Planning Commission's decision should be upheld and deny the appeal as he can not see where Planning Commission erred in their decision in selecting Live Oaks as street trees to be planted along Harwood Road and Alerche Drive. In fact there had been significant staff input and most of the input from the residence had been in favor of Planning Commissions decision. Therefore with both staff support and neighborhood input that selection of the Live Oaks is the preferred solution. Mrs. Benjamin seconded. Carried unanimously. The Town Attorney to prepare appropriate resolution for Council consideration at their next meeting. ENGLEWOOD & MONTEREY AVENUES - SPEED BUMPS Mayor Ferrito stated this was the time and place duly published for public hearing to consider the installation of speed bumps on Englewood Avenue between Shannon Road and Loma Street/Topping Way and on Monterey Avenue between Saratoga Avenue and andrews Street. Sanford Secich, 456 Monterey Avenue questioned noise, drainage, etc. regarding installation of speed bumps. Rae Schmuck, 16443 Englewood Avenue, presented Council with petition signed by residents of Englewood Avenue supporting the installation of road bumps and urges Council to install the speed bumps. Robert Irwin, 16387 Englewood Avenue, also favors the experiment, as does Mark Wormley of 16390 Englewood Avenue. No one else in the audience wished to speak on this issue. Mr. Daily moved hearing be closed. Mr. Carlson seconded. Carried unanimously. Mrs. Benjamin moved to direct staff to install speed bumps on Englewood Avenue and Monterey Avenue as shown on plans; approve a supplemental appropriation of $4,000.00 from the General Fund, with the condition this be reviewed in 90 days after installation. Mr. Daily seconded. Carried unanimously. TAXICAB REGULATION AMENDMENT It was Council consensus to hold this item until the September 4th, 1984 Council meeting to allow the Police Department further time to review the proposed ordinance. APPEAL HANDICAP ACCESS 15195 NATURAL AVENUE Mrs. Benjamin moved to adopt Resolution No. 1984-142 entitled, RESOLUTION GRANTING APPEAL FROM DECISION OF THE BUILDING OFFICIAL REGARDING HANDICAPPED ACCESS REQUIREMENTS (15195 National Avenue Paul D. Indman, MD). Mr. Carlson seconded. Carried unanimously. APPEAL - 50 UNIVERSITY AVENUE - VERANDA RESTAURANT Mr. Daily moved to adopt resolution No. 1984-143 entitled, RESOLUTION DENYING APPEAL OF PLANNING COMMISSION CONDITION ON CONDITIONAL USE PERMIT REQUIRING SANITARY FACILITIES FOR THE HANDICAPPED AND DENYING APPEAL OF BUILDING OFFICIAL DECISION REQUIRING SANITARY FACILITIES FOR THE HANDICAPPED, (50 University Avenue - Veranda Restaurant). Mr. Carlson seconded. Carried unanimously. DOWNTOWN PARKING ALTERNATIVES ESTABLISHING A PARKING COMMISSION The Town Manager referred to report regarding establishing a Parking Commission. Frank Howell spoke on wording regarding Parking Commission members as to whether they must be a resident within the Town or a property owner or business owner in Central Business district. Discussion was held on persons being within the sphere of influence or urban service area. Mrs. Benjamin moved amendment to Resolution omitting resident requirement, at this time. Mr. Carlson seconded. Carried unanimously. Mr. Daily moved to adopt as amended, Resolution No. 1984-144 entitled, A RESOLUTION OF THE TOWN OF LOS GATOS DETERMINING NEED FOR A PARKING AUTHORITY OF THE TOWN OF LOS GATOS UNDER AND PURSUANT TO THE PARKING LAW OF 1949 TO FUNCTION IN THE TOWN; DECLARING THE TOWN COUNCIL OF THE TOWN OF LOS GATOS TO BE THE PARKING AUTHORITY; AND ESTABLISHING A PARKING COMMISSION. Mrs. Benjamin seconded. Carried unanimously. Mr. Daily moved to authorize staff to request proposals for a financial consultant to aid the Parking Authority and Commission in developing a financial plan for parking improvements and maintenance; approve the draft Commission work priorities; and authorize the Clerk to advertise for vacancies for appointments to the Parking Commission. Mrs. Benjamin seconded. Carried unanimously. TASTE OF LOS GATOS Mr. Daily moved to grant the Los Gatos Downtown Associationn's request to hold the "Taste of Los Gatos" event on October 13th and 14th, 1984, subject to the following recommendations: 1.Event hours and entertainment schedules be adhered to. 2.No serving or use of alcoholic beverage. 3.Applicant to provide a site plan showing booth, dumpster and portable restroom locations. 4.One (1) dumpster shall be required. 5.Cleanliness of the area will be maintained by the applicant and will meet standards established by the Parks Department. 6.All provisions of section 11.30.060 of the Los Gatos noise ordinance be met. 7.That applicant coordinate with the Police Department regarding closure of Montebello Way. 8.Two police officers to be assigned to the Plaza for crowd and traffic control during operational hours. 9.Pursuant to established policy, the Town to be reimbursed for all extraordinary police and maintenance costs. Mr. Carlson seconded. Carried unanimously. WHEELER AVENUE DRAINAGE Mr. & Mrs. Gerhardt were present and answered questions of Council. After discussion, it was consensus of Council to have staff contact the Gerhardt's and further review the problem and report back to Council September 4, 1984. LOS GATOS-ALMADEN ROAD/CAMINO DEL CERRO INTERSECTION Mr. Daily moved to direct staff to advise Mr. & Mrs. Clark additional stop signs on Los Gatos-Almaden Road are inappropriate; maintenance will install an additional 35 MPH sign facing eastbound traffic on Los Gatos-Almaden Road east of Verde Court; the Police Department will continue to monitor traffic speed on Los Gatos-Almaden Road; and Engineering will continue to monitor accident history at this intersection. Mr. Carlson seconded. Carried unanimously. WALGREEN'S DRUG STORE SURVEY RESULTS Richard Robinson, representing Walgreen's, answered questions on report regarding merchandise selection. It was consensus of Council the merchandise selection meets with Councils approval. No action taken. TOWN FUNDED EMPLOYMENT PROGRAMS Mr. Daily, member of Council sub-committee, reported on meetings that have been held regarding the consolidation of various employment programs and the different alternatives are before the Council tonight. Speaking on the issue were Mary Alice Blice, President of the Senior Coordinating Council; Cheryl Silverstein; Patti Wilson and Michael Moultray. It was consensus of people who spoke that they favored Alternative 2-A which states, Senior Jobs Program would remain with the Senior Coordinating Council. The Youth Employment Program would consolidate with the Teen Health Place. The Teen Health Place would move into room 205. Room 205 would become a youth services only office. An underlying assumption is that no rent would be charged for space in the Neighbordhood Center. The Career Center would stand alone. Mrs. Benjamin moved to accept report and implement Alterntive 2-A. Mr. Carlson seconded. Carried by three ayes. Mr. Daily abstained. Council expressed disappointment that the three programs were unable to work out a compromise or consolidate a solution, as Council had intended to save money without cutting programs. REPORT ON FEES & CHARGES FOR PLANNING SERVICES Council accepted report from Council sub-committee, direct Committee, and staff to review applications on various small businesses as to whether they need to be charged the same fees as other applicants who need a Conditional Use Permit, Site and Architecture Application and charges for other Planning services. UNITED NATIONS DAY - OCTOBER 24, 1984 Mr. Daily moved to adopt Resolution No. 1984-145 entitled, A RESOLUTION DESIGNATING OCTOBER 24, 1984, AS UNITED NATIONS DAY IN LOS GATOS. Mr. Carlson seconded. Carried unanimously. ADJOURNMENT Mayor Ferrito declared the meeting adjourned at 11:40 p.m., Monday, August 20, 1984. ATTEST: Rose E. Aldag Town Clerk