M 02-19-85TOWN OF LOS GATOS CALIFORNIA
TOWN COUNCIL/PARKING AUTHORITY AGENDA
FEBRUARY 19, 1985
TOWN COUNCIL
The Town Council and the Parking authority met in a joint meeting in the Council
Chambers of the Town Hall at 7:30 p.m., in regular session.
ROLL CALL
PRESENT:Eric D. Carlson, Thomas J. Ferrito, Brent N. Ventura, and
Vice-Mayor Terrence J. Daily.
ABSENT:Mayor Joanne Benjamin
EXECUTIVE SESSION
The Town Attorney, Mary Jo Levinger, stated at the close of the February 4,
1985 Council meeting, Council met in executive session and discussed litigation
and labor relations. No action was taken.
The Town Attorney also stated prior to this Council meeting executive session
was held and litigation of Norga vs. Town of Los Gatos was discussed pursuant
to Government Code Section 54956.9A. The case was authorized for settlement
in the amount of $203.33. Labor relations were also discussed, no action was
taken.
PLEDGE OF ALLEGIANCE
Given by all in attendance.
SISTER CITY COMMITTEE
Dale Chambers, Chairman of the Sister City Committee, presented the Town on
behalf of Chung-Ho, Taiwan, with a book on Free China and a Landscape
painting. These will be in the Library.
WRITTEN COMMUNICATIONS (referral/file)
a.Letter of thanks received from the Rotary Club of Los Gatos regarding the
success of the Great Saratoga to Los Gatos Race. Note and file.
b.Letter from Greyhound Lines regarding discontinuance of direct service
between Monterey and Los Gatos. Note and file. Staff has advised Greyhound
Lines of Mrs. Horan's address.
c.Letter from Trinity Investment Co. regarding proposed signal at 16458 Los
Gatos Boulevard. Mr. Carlson moved to refer to staff for report at the March 4,
1985 Council meeting. Mr. Ventura seconded. Carried unanimously.
d,Letter and petition from Diane Hembry regarding a 4-way stop sign t the
intersection of Marchmont and Hilow. Mr. Carlson moved to refer to staff for
report at the March 4, 1985 Council meeting. Mr. Ventura seconded. Carried
unanimously.
PARKING COMMISSION ACTIVITY REPORT
Council informational report.
1984 HIGH ACCIDENT LOCATION REPORT
Council informational report. Mr. Ferrito requested that an accident history report
be included in the appeals report, and a copy of the report is to be set to the
Planning Commission.
TOXIC MATERIALS REPORT
Council informational report.
VACATION OF RIGHT-OF-WAY 16490 HARWOOD RD
Mr. Carlson moved to adopt resolution No. 1985-21 entitled, A RESOLUTION OF
INTENTION TO VACATE EXCESS PORTION OF A PUBLIC THOROUGHFARE
- ASSESSOR'S PARCEL NUMBERS 567-18-52 AND 567-18-53 (16490
HARWOOD ROAD) FOR PUBLIC ROAD PURPOSES; and direct the Town
Clerk to advertise the notice 15 days prior to the hearing; refer the matter to the
Planning commission for determination that the proposed vacation is not contrary
to the General Plan; and approve staff recommendation to charge only the $300
processing fee for vacation of the land. Mr. Ventura seconded. Carried by a
vote of three ayes. Mr. Ventura voted no.
SCHEDULE OF PUBLIC HEARING
Council informational report.
COUNTY REFERRALS
Mr. Carlson moved to accept staff recommendation on the following:
1259-34-43-80CC-80B-85A 15300 Soda Springs Rod
Lesson
Architectural and Site approval for radio tower Mr. Lessons answered Councils
questions. Mr. Ventura requested more landscaping. Mr. Carlson moved to
reconsider this item. Mr. Ventura seconded. Carried unanimously. Mr. Ventura
moved to communicate to the County that the Town has no objection to the tower
itself and requests additional landscaping be required as condition of approval.
Mr. Carlson seconded. Carried unanimously.
2375-26-52-85V Overlook Road Fink Variance
Recommends that the County deny the variance.
1423-34-51-81B-81G-85B-85G Shannon Road
Tavares Site approval and grading application Recommends this
application be referred back to County of Santa Clara for completion of the
required items as noted below and not be referred until the application for design
review has been filed, and the grading for this site be in conformity with the
Town's proposed grading ordinance. Mr. Ventura requested if there is a road
advise County the Town wants a dedication.
2131-34-51-84SP 14790 Sky Lane Pritchard
Special Permit, Secondary Dwelling The County Planning Commission'
decision has been appealed to the Board of Supervisors. It will be heard
February 26, 1985.
Mr. Ventura seconded. Carried unanimously.
TREE TRIMMING 233 EDELEN AVE.
Mr. Carlson moved to direct staff to advise Jeanne Wilson that her request for
tree pruning should be handled through the property owner at 233 Edelen
Avenue. Mr. Ventura seconded. Carried unanimously.
JEWISH COMMUNITY CENTER WALKATHON
Withdrawn from the agenda as requested by applicant.
SAN BENITO STREET CLOSURE PROJECT 304
Mr. Carlson moved to authorize the Mayor to execute and the Town Clerk to
record a Notice of Completion and Certificate of Acceptance for San Benito
Street Closure, Project 304. Mr. Ventura seconded. Carried unanimously.
STREET RESURFACING PROJECT 301
Mr. Carlson moved to authorize the Mayor to execute and the Town Clerk to
record a Notice of Completion and Certificate of Acceptance for Street
resurfacing, Project 301. Mr. Ventura seconded. Carried unanimously.
FORBES MILL CONDOMINIUMS TRACT 6700
Mr.Carlson moved to authorize the Mayor to execute and the Town Clerk to
record a Notice of Completion and Certificate of Acceptance for Forbes Mill
Condominiums, Tract 6700. Mr. Carlson seconded. Carried unanimously.
NATIONAL AVENUE AND ASSOCIATES (PENNINGTON) TRACT 7416
Mr. Carlson moved to authorize the Mayor to execute and the Town Clerk to
record a Notice of Completion and Certificate of Acceptance for National Avenue
and Associates (Pennington), Tract 7416. Mr. Ventura seconded. Carried
unanimously.
SUPPORT AB-216
Mr. Carlson moved to adopt Resolution No. 1985-22 entitled, A RESOLUTION
OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS SUPPORTING AB-
216. Mr. Ventura seconded. Carried unanimously.
POLLARD ROAD PEDESTRIAN/BICYCLE PATHWAY PROJECT 308
Mr. Carlson moved to adopt resolution No. 1985-23 entitled, RESOLUTION OF
THE TOWN COUNCIL OF THE TOWN OF LOS GATOS APPROVING PLANS
AND SPECIFICATIONS FOR PROJECT 308 - POLLARD ROAD PEDESTRIAN/
BICYCLE PATHWAY; and authorize the Clerk to advertise for bids to be received
on March 20, 1985 at 3:00 p.m. Mr. Ventura seconded. Carried unanimously.
POLICE DEPT. COMMUNICATIONS CENTER IMPROV. PROJECT 306
Withdrawn from the agenda.
SALARY AND POSITION CONTROL
Mr. Carlson moved to adopt Resolution No. 1985-24 entitled, A RESOLUTION
OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS RESCINDING
CERTAIN PRIOR RESOLUTIONS AND ADOPTING SCHEDULES OF
AUTHORIZED POSITIONS AND SALARIES FOR FISCAL YEAR 1984-85. Mr.
Ventura seconded. Carried unanimously.
MOBILE HOME PARK STUDY
Council informational report.
MINUTES FEBRUARY 4, 1985
Mr. Ferrito requested correction on page 8, subject GENERAL PLAN, to read, ". .
. neither of which are acceptable to him and one of which is acceptable to
Council."
Mr. Carlson requested correction on page 5, subject SUPPLEMENTAL
APPROPRIATION FOR PURCHASE OF CHECKS & CHECK SIGNER to read,
"The purchase of the check signer machine should be discussed later because
this is a complicated issue related to . . . ".
Vice-Mayor Daily requested correction on page 6, subject CHANGE OF
VARIOUS FEES & CHARGES, to read, ". . . if appeal was made against the
applicant they are still entitled to $250.00 refund". Deleting "or issue" from
sentence.
Mr. Ferrito moved minutes be adopted as corrected. Mr. Carlson seconded.
Carried unanimously.
JANUARY, 1985 FINANCIAL STATEMENTS
Mr. Ventura moved to approve the January,1985 Financial Statements. Mr.
Ferrito seconded. Carried unanimously.
JANUARY, 1985 WARRANTS
Mr.Carlson moved to approve the January, 1985 Warrant demands in the
amount of $518,374.90. Mr. Ventura seconded. Carried unanimously.
FEBRUARY 15, 1985 PAYROLL AND WITHHOLDINGS
Mr. Carlson moved to approve the February 15, 1985 payroll in the amount of
$49,846.27 and $6,296.08 in accounts payable for various withholdings. Mr.
Ventura seconded. Carried unanimously.
TREASURER'S REPORT FOR JANUARY, 1985
Mr. Carlson moved to accept the Treasurer's Report for January, 1985. Mr.
Ventura seconded. Carried unanimously. Mr. Ferrito moved to reconsider the
motion. Vice-Mayor Daily seconded. Motion fails with 2 ayes, 2 no votes and
one absent. Mr. Carlson moved to accept the Treasurer's Report for January,
1985 and communicate to the Treasurer the investment policy is not the Towns
but the Treasurers investment policy. Mr. Ventura seconded. Carried by a vote
of three ayes. Mr. Ferrito voted no and Mayor Benjamin was absent.
OLD TOWN THEATER
Ethel Worn of the Cultural Commission was present to answer Councils
questions. There will be a meeting regarding the theater on February 26, 1985 at
7:00 p.m. in room 214 of the Neighborhood Center. Mr. Carlson volunteered as
a member of the a subcommittee. Mr. Carlson moved to ask the Commission to
proceed and one or more Council members be assigned to the Committee. Mr.
Carlson volunteered. Mr. Ventura seconded. Vice-Mayor Daily also volunteered
for the committee. Carried unanimously.
DRAMA IN SCHOOLS
Ethel Worn of the Cultural Commission answered Council's questions. Mr.
Ventura moved to approve funding of a two-year program to bring drama to
schools in the Los Gatos Elementary School District not to exceed $1,000.00
from FY 1984=85 Cultural Commissions budget. Mr. Ferrito seconded. Carried
unanimously.
ZONING ORDINANCE RE HANDICAPPED PARKING SPACES
Vice-Mayor Daily stated this was the time and place duly published for public
hearing to consider Planning Commission's recommendation on Zoning
Ordinance Amendment A-84-4 regarding parking lot improvements in relationship
to required handicapped accessible parking spaces. Mr. Bowman, Planning
Director,spoke on his report. Mr. Lewis, from audience, spoke on concerns of
handicap parking spaces. The Town Attorney clarified sections of the proposed
ordinance. No one else in the audience wished to speak on this issue. Mr.
Ferrito moved the public hearing be closed. Mr. Ventura seconded. Carried
unanimously. Mr. Ventura moved reading be waived for an ORDINANCE
AMENDING THE ZONING ORDINANCE OF THE TOWN OF LOS GATOS
RELATING TO PERMITS REQUIRED FOR PARKING LOT IMPROVEMENTS;
RELATIONSHIP OF REQUIRED HANDICAPPED ACCESSIBLE PARKING
SPACES AND REQUIRED NUMBER OF PARKING SPACES. Mr. Ferrito
seconded. Carried unanimously. Deputy Clerk read title. Mr. Ventura moved
Ordinance be introduced and made the finding that the ordinance amendment is
consistent with the General Plan. Mr. Ferrito seconded. Carried unanimously.
CERTIFICATE OF PUBLIC CONVENIENCE & NECESSITY FEE & LICENSE FEE
Vice-Mayor Daily stated this was the time and place duly published for public
hearing to consider the establishment of a fee schedule for Certificate of Public
Convenience and Necessity; fee for issuance of taxicab driver's license
(application fees and annual renewal fees) in the Town of Los Gatos. Mr. Mora
spoke on the report and stated the ordinance from item 27 is for introduction and
hold off on adopting the resolution until after the ordinance is effective which
would be 30 day after March 4th. Mr. Ventura question not investigating
applicants. When looking at the fees he noted some investigation is being
charge for. The fee is for fingerprint check with the state and staff time. Chief
Acosta stated the turn over of applicants would take up too much time. No one
else wished to speak on this issue. Mr. Ventura moved public hearing be closed.
Mr. Carlson seconded. Carried unanimously. Mr. Ferrito moved reading be
waived for AN ORDINANCE AMENDING CHAPTER 29 OF THE TOWN CODE
RELATING TO THE REGULATION OF TAXICABS DELETING REGULATION
OF RATES PER MILE AND OTHER CHARGES; DELETING TOWN
RESOLUTION OF FARE DISPUTES AND CERTAIN OTHER PROVISIONS;
INCREASING INSURANCE REQUIREMENTS; SPECIFYING CERTAIN
OFFENSES REQUIRING REJECTION OF DRIVER LICENSE APPLICATION;
PROVIDING FOR APPEAL TO COUNCIL FROM REVOCATION OF TAXICAB
DRIVER'S LICENSE. Mr. Carlson seconded. Carried unanimously. Deputy
Clerk read the title. Mr. Carlson moved Ordinance be introduced. Vice-Mayor
Daily seconded. Carried by a vote of two ayes. Mr. Ventura voted no. Mr.
Ferrito abstained, he agrees with Mr. Ventura in that he feels very uncomfortable
without having the people working in our city without a thorough background
investigation and abstained only to move this along. Mayor Benjamin was
absent.
ILLEGAL SUBDIV. 16 & 16 l/2 CLIFTON AVENUE
Vice-Mayor Daily stated this was the time and place duly published for public
hearing to consider the appeal of the Planning Commission's determination that
the property at 16 & 16 l/2 Clifton Avenue has been illegally subdivided and
instructing the Town Attorney to record a notice of violation pursuant to
Government Code section 66499.36. (Subdivision Application M-84-13). Mr.
Bowman spoke on the report. Mr. Zapf, Town Engineer, and the Town Attorney
answered Councils questions. Jeff Widman, attorney for the Craffords, spoke in
support of the appeal. No one else wished to speak on this issue. Mr. Ventura
moved public hearing be closed. Mr. Carlson seconded. Carried unanimously.
Mr. Carlson finds that they illegally subdivided is, in fact, incorrect. Therefore Mr.
Carlson moved to grant the appeal based on the fact that there has not been an
illegal subdivision, there is, in fact, only one parcel. Mr. Carlson withdrew his
motion. Mr. Ventura moved the Planning Commission made the correct decision
and finds no grounds they erred in their decision and moved to affirm their
decision. Motion died for lack of second. Carried by a vote of three ayes. Mr.
Carlson voted no, he doesn't believe there has been a violation of the subdivision
map act. The Town Attorney is to prepare a resolution for Council consideration
at the meeting of March 4, 1985.
VERBAL COMMUNICATIONS
Perry Gardner, 215 University; Joy Miller, 222 University; Steve Myers, 251
University; Mrs. Hincenberg, 205 University; Mr. Rhodes, 230 University; and
Bob Curtis, 315 University all spoke on the assessments made in the University
Avenue Utility Undergrounding.
Mr. Charles Moore spoke on concerns of upgrading the existing public
transportation
systems.
RECESS
Vice-Mayor Daily declared a ten minute recess. Meeting reconvened at 10:10
p.m.
AMENDING CHAPTER 5 - ANIMALS AND VEHICLES
Mr. Ferrito moved reading be waived for ORDINANCE AMENDING CHAPTER 5
OF THE TOWN CODE RELATING TO ANIMALS AND VEHICLES. Mr. Carlson
seconded. Carried unanimously. Deputy Clerk red title. Mr. Ferrito moved to
introduce the ordinance. Mr. Carlson seconded. Carried unanimously.
AMENDING HOME OCCUPATION BUSINESS LIC.
Mr. Ferrito moved reading be waived for AN ORDINANCE OF THE TOWN OF
LOS GATOS INCREASING THE EXEMPTION FROM THE BUSINESS
LICENSE TAX ON ALLOWABLE GROSS RECEIPTS FROM A HOME
OCCUPATION FROM $500/YEAR TO $2500/YEAR. Mr. Ventura seconded.
Carried by a vote of three ayes. Mr. Carlson abstained because his wife has a
home occupation permit. Deputy Clerk read title. Mr. Ferrito moved that the
Ordinance be introduced. Mr. Daily seconded. Carried by a vote of two ayes.
Mr. Ventura voted no, he felt the limit should be greater. Mr. Carlson abstained
and Mayor Benjamin was absent.
SIGNING OF WARRANTS
Robert Hamilton 368 Bella Vista Avenue, spoke on concern of (1) the Clerk has
been lumped with the Treasurer, (2) and use of the word "refusal", and (3) a time
should be stated. After discussion by Council Mr. Carlson moved the ordinance
e sent back to staff for the following: separate the procedure, in the case of the
Clerk or Treasurer because they are different; and in case the Treasurer doesn't
sign within the prescribed period then the Mayor or Vice-Mayor "may sign" as
opposed to "shall sign". Mr. Ventura seconded. Carried unanimously.
USE OF CHECK/WARRANT FORMS
Mr. Ventura moved for adoption of Resolution No. 1985-25 entitled A
RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE USE OF
CHECK/WARRANT FORMS. Mr.
Carlson seconded. Carried unanimously.
PAYROLL AND WARRANT CHECK
This resolution was returned to staff to add that the check will be available for the
Treasurer by 11:30 a.m. thursday. This means
the checks will be signed by the Clerk by 11:30 a.m., thursday. It was by
consensus motion of Council to bring this item back to Council at the next
meeting.
GRADING ORDINANCE
Mr. Ventura requested this item be continued and staff to review specific
provisions of the Ordinance. He questioned if it would not be a lot easier if this
would be a civil penalty rather than a misdemeanor. By consensus motion this
item was returned to staff for a report back to Council.
PLANNING DEPT. & COMMISSION PROCEDURES
Mr. Ventura moved to approve a $4,000 General Fund appropriation for the
Planning Department; approve the actions listed as "short-term actions" as to
Planning Department and Commission policies; and return with a follow-up report
in three months. Mr. Daily seconded. Carried unanimously.
NON-CONFORMING USE STUDY DRAFT NOTICES
Discussion on the non-conforming use notices submitted for Council
consideration. It was the consensus of Council that draft notice A be sent by
certified mail. The remaining notices regarding downtown parking deficiencies
are to be sent to the Parking Commission for recommendation and returned to
Council March 4, 1985.
84/85 CAPITAL IMPROVEMENT STATUS REPORT
Mr. Carlson moved authorize staff to solicit proposals for consultant services at a
cost of approximately $65,000.00. Noting that there is no additional funds being
authorized. Mr. Ventura seconded. Carried unanimously.
ROUTE 17
Council informational report.
APPOINTMENTS CENTENNIAL COMMITTEE
Mr. Ventura reported that there are three vacancies on the Centennial
Committee. Kathy Tuttle, Kathie Gaylord, and Peter Carter are recommended to
fill the vacancies. Mr. Carlson moved to appoint Kathy Tuttle, Kathy Gaylord,
and Peter Carter to the Centennial Committee. Mr. Ferrito seconded. Carried by
a vote of three ayes. Mr. Ventura abstained and Mayor Benjamin was absent.
ROUTE 17/VASONA LINE CORRIDOR
Discussion was held on the resolution concerning Route 17/Vasona Line
Corridor. Mr. Ventura reported the prime corridors for transit (public and rail
transit in Santa Clara County) are (1) Fremont South Bay Line; (2) Existing
Caltrans line; and (3) using Vasona Corridor as a light rail line. Of the three
possibly two will be funded. Hwy 17 traffic will double in the next 15 to 20 years.
The Town has gone on record opposing of any widening of 17 south of Lark
Avenue. The Town can anticipate traffic problems and pressure to widen 17
through town unless alternative means of transportation. He recommends the
adoption of resolution entitled, RESOLUTION OF THE TOWN COUNCIL OF
THE TOWN OF LOS GATOS REQUESTING THE TRANSPORTATION 2000
STEERING COMMITTEE AND SANTA CLARA COUNTY BOARD OF
SUPERVISORS TO SELECT THE HIGHWAY 17/VASONA CORRIDOR FOR
FURTHER STUDY AS A POTENTIAL TRANSIT EXTENSION, some changes.
After further discussion of the changes it was consensus of Council to reword the
resolution and Mr. Ventura to state the intent of the Council at the transportation
meeting February 20, 1985.
JOINT HILLSIDE PLAN TOWN/COUNTY
Discussion was held on the Joint Hillside Plan between the Town and Santa
Clara County. This Plan was started in 1974 and the object was to have one
plan adopted by both agencies so there would be uniformity of policies and
procedures toward the hillside. This Plan was adopted by the Town in 1978 and
the County in 1979. County stated they do not have to interpret the Hillside Plan
the way the Town does. Mr. Ferrito requested staff report from Planning and the
Attorney on the history and legal position of the Hillside Plan and send a copy to
County Council and Suzanne Wilson. This was done by Council consensus.
ADJOURNMENT
Vice-Mayor Terrence Daily declared the meeting adjourned at 11:35 p.m.,
Tuesday, February 19, 1985.
ATTEST:
Rebecca L. Yates
Deputy Town Clerk