Loading...
M 10-01-84TOWN OF LOS GATOS CALIFORNIA TOWN COUNCIL/PARKING AUTHORITY AGENDA OCTOBER 1, 1984 TOWN COUNCIL 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. ABSENT:None. PLEDGE OF ALLEGIANCE Given by all in attendance. CLOSED SESSION REPORT Mayor Ferrito stated Council had met in closed session prior to the Council meeting and reported that Council voted unanimously to approve payment in the amount of 4706.00 as settlement on a claim for damages filed by Vincent Castaldo. PRESENTATIONS Mayor Ferrito presented a Resolution of Commendation to former Planning Commissioner Mr. Thomas Baer. Mr. Baer had served the community and the citizens of Los Gatos as a Planning Commissioner since August 1980. Mayor Ferrito presented Resolution of Commendation to Ed Burke for his outstanding determination and performance in the Summer Olympic Trials held in 1984. PARKING AUTHORITY MEETING DESIGNATION Mr. Daily moved for adoption of Resolution NO. 1984-166 entitled, A RESOLUTION OF THE PARKING AUTHORITY OF THE TOWN OF LOS GATOS FIXING THE TIME AND PLACE FOR HOLDING REGULAR MEETINGS OF THE TOWN OF LOS GATOS PARKING AUTHORITY. Mr. Carlson seconded. Carried unanimously. BID AWARD POLICE VEHICLES Mr. Ventura moved to accept staff recommendation and reject all bids for the replacement of four (4) unmarked police vehicles,s as staff believes vehicle specifications need to be revised to ensure all essential vehicle standards are met. Mrs. Benjamin seconded. Carried unanimously. COMMUNICATIONS (referral/file) a.Letter from C. Yvette regarding complaint on noise of workers at Burger Pit Restaurant. Mr. Ventura moved to accept staff recommendation and refer this communication to the Code Enforcement Officer for follow-up. Mr. Daily seconded. Carried unanimously. b.Letter from Ellen Dauber regarding parking behind the Eurkea Federal Savings. Mr. Carlson moved this communication be referred to Town Manager for response and to the Parking Commission along with all other similar letters for information and that would make the Commission aware of citizens concerns. Mr. Daily seconded. Carried unanimously. c.Letter from Stephanie Motzkus regarding Pollard Road Improvements. Mr. Ventura moved said communication be referred to the Town Engineer for report to Council on October 15, 1984. Mr. Daily seconded. Carried unanimously. d.Letter from Mrs. James Lea regarding parking on Bella Vista Avenue. Mr. Ventura moved to refer this to the Town Engineer for report to Council on October 15, 1984. Mr. Daily seconded. Carried by a vote of four ayes. Mayor Ferrito abstained. e.Letter from W. E. Mason regarding Billy Jones Wildcat Railroad license agreement extension. Mr. Ventura moved this request be referred to the Town manager for report to Council on October 15, 1984. Mr. Daily seconded. Carried unanimously. f.Letter from O.L. Johns regarding Police Department. Mr. Ventura moved this communication be referred to the Police Chief and Town Attorney for follow- up. Mr. Daily seconded. Carried unanimously. SCHEDULE OF PUBLIC HEARINGS Informational item for Council. COUNTY REFERRAL Mr. Ventura moved to accept staff recommendation as follows: 2265-24-47-84LA Black Road Lynn Lot Line Adjustment No comment. PLANNING MONTHLY REPORT Mr. Ventura moved to accept the monthly report of the Planning Department for the month of October. Mr. Daily seconded. Carried unanimously. CITY OF SAN JOSE REFERRALS Mr. Ventura moved to accept staff recommendation as follows: PDC83-12-104 EIR (Los Gatos Golf & Country Club., Inc.) the proposed project would not be allowed unless one of the following occurred: A public agency project returning the intersection to LOS "D" would be implemented prior to development completion; or the developer would accomplish mitigation measures to return the intersection to LOS "D" with neither of the foregoing measures incorporated into the DEIR, the project does not comply with typical San Jose standards (as applied to the Town of Los Gatos). The Town maintains this project should not be approved because it does not provide specific mitigation measures to the Blossom Hill Road/Union Avenue intersection. These comments should be forwarded to the City of San Jose for project hearing October 3, 1984. Mr. Daily seconded. Carried unanimously. 1984 BOB CAT RUN Mr. Ventura moved to accept staff recommendation, approve the Police Officers and Town Employees Associations' request for "Bob Cat Run", Saturday, October 27 1984 . There are no costs to the Town for the event. Mr. Daily seconded. Carried unanimously. COUNTY PARKS 5 YEAR CAPITAL IMPROVEMENT PLAN Informational report to Council. SCOUT TROOP 603 REQUEST FOR USE OF TOWN FACILITIES Mr. Ventura moved to accept staff recommendation and approve the request for the use of the Town property during the Annual Christmas Parade and applicant should contact the Park Department office by November 16, 1984 to finalize permit issuance. Mr. Daily seconded. Carried unanimously. ESTABLISHING MEMBERSHIP OF YOUTH ADVISORY COMMISSION Mr. Ventura moved for adoption of Resolution No. 1984-167 entitled, A RESOLUTION ESTABLISHING THE YOUTH ADVISORY COMMISSION AND RESCINDING RESOLUTION NOS. 1983-224, 1984-13A and 1984-26. Mr. Daily seconded. Carried by a vote of 4 ayes. Mr. Ferrito abstained, his daughter is a member of the commission and it would not be appropriate for him to participate in the voting. YOUTH ADVISORY COMMISSION COMMENDATIONS Mr. Ventura moved for adoption of the following Resolutions of Commendation for youths who have previously served on the Youth Advisory Council. Resolution No. 1984-168 entitled, A RESOLUTION COMMENDING TYLER REED. Resolution No. 1984-169 entitled, A RESOLUTION COMMENDING KAREN WARREN. Resolution No. 1984-170 entitled, A RESOLUTION COMMENDING BETH EDWARDS. Resolution No. 1984-171 entitled, A RESOLUTION COMMENDING CRISTIN CLARKE. Resolution No. 1984-172 entitled, A RESOLUTION COMMENDING KEVIN WHYTE. Resolution No. 1984-173 entitled, A RESOLUTION COMMENDING JULIE NUNEZ. Mr. Daily seconded. Carried unanimously. CULTURAL COMMISSION COMMENDATION Mr. Ventura moved for adoption of Resolution No. 184-174 entitled, A RESOLUTION COMMENDING JUNE FROMM. Mr. Daily seconded. Carried unanimously. GRANTING APPEAL PENNINGTON Mr. Ventura moved for adoption of Resolution No. 1984-175 entitled, A RESOLUTION GRANTING APPEAL WITH MODIFICATIONS FROM PLANNING COMMISSION DECISION APPROVING ARCHITECTURE AND SITE APPLICATION. (Kennedy Road at Top of the Hill Road Pennington). Mr. Daily seconded. Carried unanimously. GRATING APPEAL 114 N. SANTA CRUZ AVENUE Mr. Ventura moved for adoption of Resolution No. 1984-176 entitled, RESOLUTION GRANTING APPEAL FROM DECISION OF THE BUILDING OFFICIAL CONCERNING HANDICAPPED ACCESS REQUIREMENTS. (114 North Santa Cruz Avenue - St. Honore). Mr. Daily seconded. Carried unanimously. ACCEPTANCE OF OPEN SPACE EASEMENT FROM THE NOVITIATE Mr. Ventura moved for the adoption of Resolution No. 1984-177 entitled, RESOLUTION AUTHORIZING ACCEPTANCE OF OPEN SPACE EASEMENT ON PROPERTY KNOWN AS THE "NOVITIATE", AUTHORIZING MAYOR TO EXECUTE CERTIFICATE OF ACCEPTANCE OF GRANT OF OPEN SPACE EASEMENT, AND AUTHORIZING MAYOR TO EXECUTE ANY AND ALL DOCUMENTS NECESSARY OR APPROPRIATE TO CLOSING OF THE TRANSACTION (LOS GATOS CREEK/LANDS OF THE CALIFORNIA PROVINCE OF THE SOCIETY OF JESUS) Mr. Daily seconded. Carried unanimously. REFERRAL OF GRANT OF OPEN SPACE EASEMENT TO PLANNING COMMISSION Mr. Ventura moved for adoption of Resolution No. 1984-178 entitled, A RESOLUTION OF THE TOWN OF LOS GATOS REFERRING TO THE PLANNING COMMISSION THE GRANT OF PARK, RECREATION, SCENIC AND OPEN SPACE EASEMENT FROM THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT TO THE TOWN. (This gives the Planning Commission an opportunity to determine the consistency of the Grant of Open Space Easement with the Townn's General Plan). Mr. Daily seconded. Carried unanimously. AMENDMENT OF JOINT POWERS AGREEMENT BETWEEN TOWN AND MID-PENINSULA Mr. Ventura moved for adoption of Resolution No. 1984-179 entitled, RESOLUTION OF THE TOWN OF LOS GATOS APPROVING THIRD AMENDMENT TO JOINT POWERS AGREEMENT BETWEEN THE MID- PENINSULA REGIONAL OPEN SPACE DISTRICT AND THE TOWN. Mr. Daily seconded. Carried unanimously. NOVITIATE ACQUISITION Mr. Ventura moved Council accept staff recommendation and appropriate $700,000 from current year General Fund revenues to General Fund Town administration for purposes of paying the Town's share of the Novitiate acquisition. Mr. Daily seconded. Carried unanimously. REVOCABLE PERMIT FEE 16700 CYPRESS Discussion was held on the request for waiver of $300.00 fee for processing the revocable permit. Staff had reviewed other revocable permits issued since 1980, and since this fee was established in 1983, staff finds no record of this fee ever being waived. Mr. Ventura moved request for waiver of the $300.00 processing fee be denied. Mr. Daily seconded. Carried unanimously. PLANNING REPORT REFERRAL RE NOVITIATE PROP. Mr. Ventura moved to accept report from Planning Commission on their determination that the acceptance of an Open Space Easement on the Novitiate property is consistent with the General Plan. Mr. Daily seconded. Carried unanimously. MINUTES Mrs. Benjamin moved minutes of September 10, 1984 be approved as submitted. Mr. Carlson seconded. Carried unanimously. Several corrections were made to the minutes of September 17, 1984 and some wording was added by the Town attorney re the establishment of the Parking Commission. After all corrections were made Mrs. Benjamin moved minutes be approved as corrected. Mr. Carlson seconded. Carried unanimously. Councilman Ventura requested the minutes as corrected be sent to Councilmembers for their review. COMMUNICATIONS a.Letter from Nelle Hanley, Executive Director of the Senior Coordinating Council requesting additional FY 1984-85 Federal Revenue Sharing funds. Mr. Daily moved to accept staff recommendation and deny the request, because to open up the Federal Revenue Sharing Funds without the process of allowing other applicants the opportunity to resubmit proposals, would be grossly unfair. Mr. Carlson seconded and commended the Senior Coordinating Council for their ability to be able to return funds to the Town. Carried unanimously. b.Letter from B. Frank Gillette re County Referral 1527-29-41-81CS. Mr. Carlson moved Council inform the County of Santa Clara that the Town Council agrees to a time extension for the final map of a cluster sub-division near Holy City. Mrs. Benjamin seconded. Carried unanimously. c.Communication from Andrew D. Cashetta, regarding Winchester Boulevard. Mr. Carlson moved Council direct staff to advise Mr. Cashetta that the Police Department will continue to enforce the speed limits on Winchester Boulevard. Staff to report back to Council within three months on number of citations issued. Mrs. Benjamin seconded. Carried unanimously. d.Letter from Mrs. Marjorie Rice re the traffic problem at Shannon Road at Happy Acres Road. Mrs. Benjamin moved that Council instruct staff to prepare concept plans for Capital Improvement Project #32. Said concept plans shall address the length of Shannon Road from Short Road to Hicks Road and will include discussion of the specific recommendations made by Mrs. Rice. Concept plans to be presented to the Council at their meeting of November 5, 1984, but the request for installation of sign be approved and installed as soon as possible. Mr. Daily seconded. Carried unanimously. AUGUST WARRANTS Mr. Carlson moved for approval of the August 1984 warrant demands in the amount of $366,630.43. Mrs. Benjamin seconded. Carried unanimously. SEPTEMBER PAYROLL Mr. Carlson requested approval of September 1984 payroll be continued to allow time for Council to review. So ordered. TREASURER'S AUGUST REPORT Mr. Carlson stated his questions had been answered and moved to approve the Treasurer's report for the month of August 1984. Mrs. Benjamin seconded. Carried unanimously. CONDITIONAL USE PERMIT REQUIREMENTS Planning Director Lee Bowman spoke on the Planning Commission report re re- examination of Conditional Use Permit Requirements stating Zoning Ordinance Amendments A-84-5 will be forwarded to the Council with a recommendation. After some discussion it was decided that the draft Ordinance should be submitted to Mrs. Benjamin and Mr. Carlson for their review before it is acted upon. BASUINI APPEAL 16351 LOS GATOS ALMADEN ROAD Council reviewed the staff report on the appeal that had been heard at the meeting of September 17, 1984. Discussion was held on said report as to necessary set back requirements to allow for enough room for safety of pedestrians and bicycle lane. Discussion was held on liability to the Town and to the property owner. Attorney Levinger answered questions of Council. Mr. & Mrs. Basuini spoke on the issue and felt the Town should purchase an easement for the purpose of said bicycle lane. Problem is the irrigation system, which sets approximately 7 foot from the edge of the pavement, therefore the set back for the fence could only be 5 or 7 feet. After further discussion Mrs. Benjamin moved to grant the appeal in that Planning erred in the fact, they did not realize the Capital Improvement Program did not include the widening of Los Gatos- Almaden Road, and Council should purchase a 10 foot easement from Mr. & Mrs. Basuini and the neighbors to the east of Basin property for the purpose of a safe bicycle lane. Council should also make the stipulation that if there is development in the future, then the amount of money the Town paid for the easement would be refunded to the Town. Mr. Carlson seconded. This motion was not voted on. Substitute motion. Mr. Carlson moved to direct staff to meet with Mr. & Mrs. Basin and prepare a plan that would allow the construction of a safe wall, given the current road width and bicycle lane width and work out as to how much property the Town would need to purchase for the easement along this property and the neighbor to the east. Mrs. Benjamin seconded. It was noted when this appeal is acted on, Council should have the final concept plans and that becomes part of the findings, that there is an alternative plan that satisfies h the requirements that the Planning Commission did not consider. Motion carried by vote of three ayes. Mr. Ventura and Mr. Ferrito voting no, as they feel this will not accomplish either objective. APPEAL - 15000 LOS GATOS BLVD. Mayor Ferrito stated this was the time and place duly published for public hearing appealing the Building Official's decision concerning requirements of handicapped access at office building at 15000 Los Gatos Boulevard. Speaking on this issue were Ray Murdock, appellant; Jim Lewis, who feels Council should deny the request. Also speaking on the issue was Martin Dermer, owner of the property, asking for Council's consideration to allow 3 of the 5 bathrooms to be made handicapped accessible and the other 2 not be handicapped accessible. There being no one else wishing to speak on this issue, Mr. Ventura moved hearing be closed. Mrs. Benjamin seconded. Carried unanimously. After further discussion Mrs. Benjamin moved that Council grant the appeal in that there are clearly equivalent facilitation nd the 2 bathrooms that are not handicapped accessible are clearly going to be labeled Doctors only. Motion died for lack of a second. Mr. Ventura moved that Council require 4 of the 5 bathrooms be handicapped accessible and grant the appeal in part, based on finding that the Building Official erred in not recognizing there were 4 condominium units on that floor. Discussion was held on this motion and Mr. Ventura withdrew the motion. Mrs. Benjamin restated her previous motion that Council grant the appeal in that there is equivalent facilitation and the 2 bathrooms that are non-handicapped accessible, are for Doctors personal use; that they be clearly labeled as such and that the 3 handicapped accessible bathrooms, adjacent to the waiting rooms, have direct accessibility for the handicapped persons. Mr. Carlson seconded. Carried by 4 ayes. Mr. Ferrito voting no. Town Attorney directed to prepare the appropriate Resolution and present for Council consideration at the next meeting. RECESS Mayor Ferrito declared a ten minute recess. Meeting reconvened at 9:50 p.m. APPEAL-LOS GATOS CHRYSLER/PLYMOUTH 16203 LOS GATOS BOULEVARD Mayor Ferrito sated this was the time and place duly published for public hearing to consider the appeal of Planning Commission's determination that the non- conforming status of the building of Los Gatos Chrysler/Plymouth has ceased and the use is no longer lawful. Planning Director Lee Bowman gave a report to Council, stating that Randall Reedy, Attorney Levinger and discussed what would have to be done to comply with Town regulations. Mr. Reedy explained to Council that there is a new owner of the business and that they are well on there way to doing everything necessary to comply with Town requirements. Gary Grigsby, one of the new owner of the business spoke on his willingness to conform with all rules of the Town. There being no one else wishing to speak on this issue, Mr. Ventura moved hearing be closed. Mr. Carlson seconded. Carried unanimously. After further discussion Mrs. Benjamin moved to grant the appeal, that the Planning Commission's determination should be reversed in that the non-conforming issue, being the lot, should be taken care of within 2 weeks. The gate shall be welded shut, so there will be no trespassing onto the Scilini property and the light fixture will be removed. Mr. Carlson seconded. Motion failed by vote of 2 ayes. Mr. Daily, Mr. Ventura and Mr. Ferrito voting no. Mr. Daily moved that Council deny the appeal and uphold the Planning Commission's decision. Mr. Ventura seconded. Carried by vote of 4 ayes. Mrs. Benjamin voting no, as she thought the issue was the use of the lot, not whether it was paved or not. Town Attorney to prepare the appropriate Resolution and present for Council consideration at the next regular meeting. VERBAL COMMUNICATIONS Diane Martin, from the audience spoke to Council on the delay for not being able to get her mother moved into Villa Vasona project and questioned the problem. Mayor Ferrito explained that the problem is with the builder, who has not complied with conditions of the Planned Development Ordinance which was adopted ago and failed to heed Town staff warnings three months before October 1, 1984. It was definitely stated that all kitchen cabinets would be handicapped adaptable and they are not. Until this has been complied with the Town can not allow for occupancy. Town Manager stated that any deviation from the agreement would necessitate a change in the Ordinance. Mayor Ferrito stated that if Council made any change to the Ordinance, then the Ordinance would have had to be referred to the Planning Commission for recommendation and this would have taken a good deal of time, so any Ordinance amendment that night would have been impossible by law. Speaking on this issue was Mr. Sheehan, builder of the project along with Mrs. Drogna and Dave Spence. Discussion was held between Council and Mr. Sheehan as to time schedule necessary for completion of adoptable kitchens. Mr. Ventura moved that Council authorize staff to allow for occupancy of units with the builder posting a cash bond in the amount of $100,000.00 with work of making all kitchens handicapped adaptable in accordance with the approved plan and this be done by a date certain. Mr. Daily seconded. Further discussion was held and Mr. Daily withdrew his second, whereas Mr. Ferrito seconded the motion. Discussion was held on type of bond to be required, whereas Mr. Ventura withdrew his motion. Mr. Daily moved to require a surety bond in the amount of $100,000.00 and all units will be handicapped adaptable and be completed in 6 months. Mr. Ventura seconded. Carried by vote of four ayes. Mr. Ferrito abstained. HERBICIDES & PESTICIDES REPORT It was consensus of Council to acknowledge receipt of the Task Force report and contents of said report should be referred to staff for information and use. EXTENSION OF STREET IMPROVEMENTS ON WEST PARR AVENUE Staff referred to the request for time extension to street improvement agreement for the property located at 800, 810 and 820 West Parr Avenue. N. Naderzad and K. Naderzad new owners of the property spoke on the request stating,due to recent change of ownership they need extra time to accomplish the work. After further discussion Mr. Carlson moved that Council approve the request for a six month time extension to the agreement for installation of street improvements, direct staff to prepare the necessary contract and bond forms for execution by the new owners and authorize the Town Manager to execute the agreement on behalf of the Town. Mrs. Benjamin seconded. Carried unanimously. SB 1757 Information notice. SARATOGA AVE/ MASSOL AVE. INTERSECTION Mrs. Benjamin reported on traffic problems at Saratoga Avenue and Massol Avenue, which had been brought to her attention, and requested staff to report on this at the Council meeting of October 15, 1984. PEDESTRIAN SAFETY Discussion was held on pedestrian safety. Mrs. Benjamin referred to accident at Andrews and N. Santa Cruz Avenue. Chief of Police to provide follow-up informational report on pedestrian safety programs currently undertaken at the various schools to make people more aware. ADJOURNMENT Mayor Ferrito moved meeting be adjourned at 11:45 p.m., and stated their would be a joint Study Session with the Cultural Resource Commission and the Community Services Commission on Monday, October 8, 1984, at 7:30 P.M. in the Council Chambers, and will have an Executive Session, concerning personnel matters, at 7:30 P.M., Tuesday, October 9, 1984 in the Town Managers Office. ATTEST: Rose E. Aldag Town Clerk