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M 06-03-85TOWN OF LOS GATOS CALIFORNIA TOWN COUNCIL/PARKING AUTHORITY AGENDA JUNE 3, 1985 TOWN COUNCIL The Town Council and the Parking authority met in a joint meeting in the Council Chambers of the Town Hall at 7:45 p.m., in regular session. ROLL CALL PRESENT:Eric D. Carlson, Terrence J. Daily, Thomas J. Ferrito, Brent N. Ventura and Mayor Joanne Benjamin. ABSENT:None. PLEDGE OF ALLEGIANCE Given by all in attendance. EXECUTIVE SESSIONS REPORT Attorney Levinger reported that at the conclusion of the Council meeting of May 20, 1985, Council met in executive session and discussed initiation of litigation. At that time the Council authorized initiation of litigation against California State Department of Transportation, with regard to Moody Gulch logging operation for Caltrans failure to perform a environmental review before issuing encroachment permits for the operation and the use of Highway 17 by the logging trucks. That law suit was filed Wednesday, May 22, 1985 and hearing is currently scheduled for June 6, 1985. Additionally at that time Council discussed a personnel matter and no action was taken. Prior to tonights meeting Council met in executive session and litigation was discussed on Town vs Shell Oil and Town vs Caltrans and no action was taken. Additional a personnel matter was discussed. APPOINTMENT ACTING TOWN MANAGER Mr. Ventura moved Council appoint Nadine Levin as Acting Town Manager in David Mora's absence. Mr. Daily seconded. Carried unanimously. BID AWARDS PROJECT 311 Mr. Daily moved to reject the bids and delete project 311 National Avenue Improvements, due to residents unwillingness to execute participation agreements, (which would have funded 50% of the project cost of $14,115.88). Mr. Ventura requested staff to keep in touch with the residents as there is still interest in the project but not at this time. Mr. Carlson seconded. Carried unanimously. PROJECT 310 HARWOOD ROAD SIDEWALK IMPR. On project 310 - Harwood Road Sidewalk it was noted 4 bids were received ranging from low bid of $24,762.20 to high bid of $30,249.00. Mr. Daily moved to award the bid for Project 310 to ConSolar Inc. in the bid amount of $24,762.20; authorize the Mayor to sign the contract on behalf of the Town and authorize a supplemental appropriation from General Fund Reserves (Fund 014) in the amount of $11,250.00 to fund project 310. Mr. Carlson seconded. Carried unanimously. COMMUNICATIONS BASE STATION BID AWARD It was noted bids had been received from General Electric and Motorola, Inc. and staff reported with recommendation of rejecting the low bid on the basis of failure to meet specification requirements to provide microprocessor based console with back up capability for fault maintenance. Mr. Ventura moved to award the bid for the purchase of Communications Center Base Station and support equipment to Motorola, Inc., in the bid amount of $76,530.62. Mr. Daily seconded. Carried unanimously. COMMUNICATIONS RECORDING SYSTEM Mr. Rick Drago, representing Dictaphone who was one of the bidders, spoke to Council re several items that he feels bidders did not meet specification or criteria as was called for in the Towns specifications. After further discussion and Mr. Drago answering questions of Council, discussion was held on the fairness of the bidding process, due to confusion of specifications. Mr. Daily moved that Council authorize the rebidding of this project and specification be clearly noted base bid, options etc. Mr. Ventura seconded. Carried unanimously. EX-AGENDA ITEMS Additions to the agenda: 39 a Santa Clara County summer jobs for youth program. 41.Update report on meeting with Supervisor wilson. 42.Report on street undulations in Monte Sereno. COMMUNICATIONS (referral/file) a.Lions Club request to hold their annual barbecue at Oak Meadow Park on September 22, 1985. Mr. Carlson moved to refer said request to Police Chief and Director of Parks, Forestry and Maintenance services for recommendation and report by June 17, 1985. Mr. Ventura seconded. Carried unanimously. b.Letter from David W. Cayton opposing the application of Billy Jones Railroad to construct a Carousel at Oak Meadow Park. Mr. Carlson moved to note and file said letter. Mr. Ventura seconded. Carried unanimously. c.Letter from Trudy Ackerman (Hansel & Gretel Swiss Pastry, Inc.) re conditional Use Permit requirement due to having 2 tables and chairs being placed in the court yard in front of their business. Mr. Carlson moved to note and file. Mr. Ventura seconded. Carried unanimously. d.Letter from Lee Cridland, requesting permission to hold their third annual Walk-a-thon in Los Gatos on Saturday, June 29, 1985. Mr. Carlson moved to refer this communication to Police Chief and Director of Parks, Forestry and Maintenance for report and recommendation no later than June 17, 1985. Mr. Ventura seconded. Carried unanimously. PARKING COMMISSION ACTIVITY REPORT Information for Council. PUBLIC HEARINGS Schedule of upcoming public hearing - information for Council. HEARST CABLE VISION ANNUAL REPORT Informational report for Council. SEISMIC SAFETY Mr. Carlson moved to accept staff recommendation and appoint the following individuals to the Seismic Safety Committee. San Laub - Planning Commission representative. Lester Attaway - Community Services Commission representative. Nikki Clapp - Chamber of Commerce representative, and it should be noted that June 17, 1985 has been scheduled to hold interviews for appointments to the representatives from categories of downtown property owner, structural engineer, and architect, with the interviews limited to the individuals with applications currently on file. Mr. Ventura seconded. Carried unanimously. ONE-STOP SOLAR SHOPPING Informational report for Council. LEGISLATION HYDROELECTRIC RELICENSING Mr. Carlson moved the Town indicate its support of HR-44 and S-426 (legislation deleting preference for government-owned utilities in relicensing of hydroelectric facilities. Mr. Ventura seconded. Carried unanimously. TRANSFER IDB ALLOCATION Mr. Carlson moved Council take no action at this time re transfer of IDB allocation. Mr. Ventura seconded. Carried unanimously. TRAFFIC DIVERSION HIGH SCHOOL GRADUATION Mr. Carlson moved to approve the Los Gatos High School request for traffic diversion from East Main Street on June 14, 1985 during the graduation ceremony. BELL RINGING CEREMONY JULY 4, 1985 PICNIC Mr. Carlson moved to approve the Los Gatos Jaycees request to hold the annual Town picnic and Bell Ringing Ceremony at Oak Meadow Park subject to staff recommendation. Mr. Daily seconded. Carried by two votes. Mr. Ventura, Mr. Ferrito and Mayor Benjamin abstained. EXTENSION AGREEMENT (ORPHAN) Mr. Carlson moved for adoption of Resolution No. 1985-83 entitled, RESOLUTION AUTHORIZING SUPPLEMENTAL AGREEMENT and authorize the Town Manager to sign said agreement on behalf of the Town and Town Clerk be directed to record said agreement. Mr. Ventura seconded. Carried unanimously. DOWNTOWN PARKING PROGRAM FUND TRANSFERS Mr. Carlson moved Council authorize the following fund transfers: $80,000.00 from General Fund appropriated Reserve (014) to Parking (016). $80,000.00 from Parking (016) to General Fund (010). Mr. Ventura seconded. Carried unanimously. NO PARKING ON S. SANTA CRUZ (TOLL HOUSE) Discussion was held on the request for parking prohibition t the Toll House on S. Santa Cruz Avenue. After further discussion with regards to parking problems in the area, it was consensus of Council to defer any action on this proposal until the Town Engineer has met with residents and businesses in the area to get their reaction on said proposal before Council takes any action. COUNTY REFERRALS Mr. Carlson moved to accept the following: 1264-31-49-80B 15350 Blackberry Hill Road Single family bldg. site Council should ask that action on this application be delayed until an application for design review has been submitted and reviewed in conjunction with the building site application. 2472-30-49-85P-85DR 16267 Aztec Ridge Dr. Bean Use/permit design review. Council should request clarification of the ridgeline question and review proposed landscaping plan; require the applicant to enter into an agreement for future annexation, as a condition of approval. Mr. Bean to present plan for additional landscaping. 2525-32-54-85V 15550 Loma Vista Murphy Variance No comment. 2505-34-50-85DR 14545 Deer Park Road Carbone Single family design review. Council should request clarification of the ridgeline question and review proposed landscaping plan; require the applicant to enter into an agreement for future annexation, as a condition of approval. Mr. Bean to present plan for additional landscaping. 2525-32-54-85V 15550 Loma Vista Murphy Variance No comment. 2505-34-50-85DR 14545 Deer Park Road Carbone Single family design review. Council should ask that action on the application be delayed until sightline sections, grading and landscaping plans have been submitted. Michael Helm, Architect, for Mr. Carbone, spoke on the grading. He stated the road and building pad are existing and no grading would be required. The only grading that would be done is for lowering the garage level, and he request Council's approval in conceptual form and he would be willing to provide site line plans and any other plans or photo's Town may need by the next Council meeting. Discussion was held whether this delay would affect the project as far as the County is concerned. It was consensus of Council to request County for an extension to allow Council to review said plans that Mr. Helm is furnishing. Mr. Ferrito seconded. Carried unanimously. MONTHLY PLANNING REPORT Information for Council re Planning Departments priorities. RECOMMENDATION DESIGN REVIEW CONSULTING SERVICES Mr. Carlson moved Planning Commission recommendations re appropriations for consulting services to develop: a.Design review guidelines for historic districts. b.Office building c.Downtown be held and considered at the budget study sessions and public hearing. Mr. Daily seconded. Carried unanimously. PARATRANSIT COORDINATING COUNCIL Mr. Carlson moved Council support the Transit Assist Joint Powers Agency Boards' position which is that the Santa Clara County Paratransit Coordinating Council be reorganized and placed within the Transportation Commission. Mr. Daily seconded. Carried unanimously. ZONING ORDINANCE AMENDMENT REZONING STANGER PROPERTY Mr. Carlson moved for adoption of Ordinance No. 1656 entitled, AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONING ORDINANCE EFFECTING ZONE CHANGE NO. 66 FROM R-1D-LHP TO R-1D- LHP-PD. Mr. Daily seconded. Carried unanimously. DENIAL OF ZONE CHANGE - 15313 WINCHESTER BLVD. Mr. Carlson moved for adoption of Resolution No. 1985-84 entitled, RESOLUTION DENYING APPEAL OF PLANNING COMMISSION DENIAL OF ZONE CHANGE APPLICATION REQUESTING CHANGE IN ZONE FROM R- 1:8000 TO R-1:8000-PD TO PERMIT A 4-LOT SINGLE FAMILY SUBDIVISION. (15313 Winchester Blvd. -- J.L.R. Properties). Mr. Daily seconded. Carried unanimously. PARKING REQUIREMENTS FOR THEATERS DOWN Mr. Carlson moved for adoption of Ordinance No. 1657 entitled, ORDINANCE AMENDING THE ZONING ORDINANCE OF THE TOWN OF LOS GATOS RELATING TO THE PARKING REQUIREMENTS FOR THEATERS IN THE DOWNTOWN AREA. MR. DAILY SECONDED. Carried by vote of three ayes. Mr. Ventura and Mr. Ferrito voting no. MINUTES MAY 20, 1985 Mrs. Benjamin requested correction on page 7 re letter to County applicants within the Los Gatos Sphere of Influence the subject should be COUNTY REFERRALS and not ANNEXATION. Mr. Ferrito moved minutes of May 20, 1985 be approved as amended. Mr. Daily seconded. Carried unanimously. COMMUNICATION (for action) Letter of resignation of David R. Mora from the position of Town Manager effective July 12, 1985. Mr. Ferrito moved to accept resignation of David R. Mora with regret and request staff to prepare appropriate Resolution of Commendation for Council's consideration at the next meeting. Mr. Daily seconded. Carried unanimously. PAYROLL Discussion was held on the payment to Hibernia Bank and requested Clerk to review and report at the next Council meeting. Approval of payroll be deferred until next meeting. TREASURERS MEMO 5-15-85 Mayor Benjamin referred to Mr. Bethlahmy's memo claiming that the Town turned down his request for a calculator for Treasurers office. Manager Mora explained the procedure of reimbursement on purchases. Mayor Benjamin stated she just wanted Council to be aware that no one refused to reimburse the purchase of a calculator. MEMO 5-24-85 Discussion was held on Treasurer's memo of 5-24-85 re budgeted interest revenues. No action taken. REPORT ON DOWNTOWN THEATER PARKING REQUIREMENTS Parking Commission reaffirmed its prior recommendation that the parking requirement for theaters be reduced to one space per 300 square feet of floor area. PERMIT PARKING ON BROADWAY EXTENSION Mr. Ventura moved for adoption of Resolution No. 1985-85 entitled, RESOLUTION AUTHORIZING THE ISSUANCE OF PARKING OF PARKING PERMITS TO RESIDENTS LIVING OUTSIDE A PERMIT PARKING ZONE. Mr. Daily seconded. Carried unanimously. NONCONFORMING PROPERTIES OUTSIDE C-2 ZONE Mayor Benjamin referred to report from Parking Commission's recommendation that the Town Council authorize the parking Commission to work with property owners and business operators outside of the C-2 zone with the understanding that the initiative for solutions to the parking problem will come from the property owners and business operators. Frank Howell, member of the parking commission, answered questions of Council. Mr. Ferrito stated he hoped the Parking Commission would communicate to these people there will not be a wholesale modification of our current and long standing zoning Ordinance or the rules and regulations. That has to be basis of understanding. PROHIBITING SECONDARY UNITS IN R-1D ZONE Informational report from the Planning Commission recommending that the Town Council take no action on the General Plan Amendment GP-85-4 and Zoning Ordinance Amendment A-85-8 prohibiting secondary units in the R-1 zones. SECONDARY DWELLING UNIT PERMIT FEE Mayor Benjamin stated this was the time and place duly published for public hearing to consider setting an application fee for Secondary Dwelling Unit permits. Council reviewed documentation for said application fee as presented by Planning Commission (The proposal sets fee for said permits at $150.00 each). There being no one from the audience wishing to speak on this issue, Mr. Daily moved public hearing be closed. Mr. Ventura seconded. Carried unanimously. Mr. Daily moved for adoption of Resolution No. 1985-86 entitled, A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS SETTING A FEE SCHEDULE FOR ZONING, CALIFORNIA ENVIRONMENTAL QUALITY ACT AND SUBDIVISION PROCEEDINGS AND FOR VARIOUS ENGINEERING SERVICES. Mrs. Benjamin seconded. Carried by vote of three ayes. Mr. Ventura voted no, as he feels this is one instance where there is an exception to the cost recovery policy. Existing secondary units do provide affordable housing and to try to keep interest affordable we should keep the permit fees as low as possible. Mr. Carlson also voted no for same reason. DOWNTOWN PARKING PROGRAM Mayor Benjamin stated this was the time and place duly published for public hearing to consider environmental clearance for Downtown Parking Program (Negative Declaration). Mr. Ventura questioned possibility of up-grading or renovating existing parking lots and up-grading landscaping around perimeter of same. There being no one from the audience wishing to speak on this issue, Mr. Ferrito moved public hearing be closed. Mr. Carlson seconded. Carried unanimously. Mr. Carlson moved Council make the Negative Declaration. Mr. Ventura seconded. Carried unanimously. DEMOLITION THRASH HOUSE 367 L.G.BLVD. Mayor Benjamin stated this was the time and place duly noted for continued public hearing to consider the request for permission to demolish existing structure in the R-1D zone. (property located at 367 Los Gatos Blvd.). It was noted a request for continuance had been received from the appellant, Kathryn Morgan. Request was reviewed and Clerk recommends July 1, 1985 for said continued public hearing. Mr. Carlson moved to continue said hearing to July 1, 1985. Mr. Daily seconded. Carried unanimously. VERBAL COMMUNICATIONS Carol Whitaker, representative from Chamber of Commerce, presented Council members and members of staff with a copy of the Los Gatos 1985 Guide and Membership Directory. ILLEGAL TREE REMOVALS Mr. Ventura spoke of his concerns re response on calls re illegal tree removals and the need for clarification as to what department will handle complaint immediately. Pat Wait, Superintendent of Parks, spoke on the parks personnel working cooperatively with the Police department on any calls. After further discussion it was consensus of Council to go with current procedure, but make change in policy to have response made immediately to all calls re tree removals and designate that the Parks Department handle all calls regarding tree removals whether before or after tree has been removed when Parks Department is available. If they are now available calls should be referred to Police Department. Town Manager directed to circulate memo notifying all departments and employees as to procedure. MTC STUDY This is informational report for Council on the Peninsula Corridor. COUNTY REFERRAL Council reviewed the draft letter which will be sent to applicants for a County Referral within Los Gatos Sphere of Influence. Council is concerned with making it clear to applicants that Town can only make recommendation to County and County is the decision making body. Mr. Carlson suggested change in last sentence of the 2nd paragraph to read "This review and the Town Council recommendation will be forwarded to the County and considered by the County on....". By consensus motion the above amendment will be made to the draft letter. TOWN MANAGER RECRUITMENT Mr. Ferrito moved to select the firm of Hughes, Heiss & Associates for recruitment and adopt Resolution No. 1985-87 entitled, A RESOLUTION AUTHORIZING THE TOWN MANAGER TO EXECUTE AN AGREEMENT BETWEEN THE TOWN AND HUGHES, HEISS & ASSOCIATES FOR TOWN MANGER RECRUITMENT. Mr. Daily seconded. Carried unanimously. YOUTH EMPLOYMENT PROGRAM Mr. Carlson moved to approve the Teen Health Place Youth Employment Program participation in the Santa Clara County "Summer Job's for Youth" program. Mr. Ventura seconded. Carried unanimously. CONDITIONAL USE PERMIT FEES AND PROCESS Discussion was held on conditional use permit fees and process for non- conforming uses whose non-conformity is solely the lack of a conditional use permit. Mr. Carlson ask for staff report on the above. JOINT MEETING WITH SUPERVISOR WILSON Mr. Ferrito reported on the meeting of Mayor Benjamin, Assistant Town Manager Levin,Town Attorney Levin, Planning Director Bowman and himself with Supervisor Wilson, stating the primary purpose of the meeting was to discuss differences of opinion between the Town and the County relating to the hillside area. Discussed was the possibility of having the Town enforce the amendments to hillside plan, in certain unincorporated areas, specifically regulation of protection of trees. Then under annexation discussion the Town was asked to take a position similar to the City of San Jose, asking that a 300 ft. provision apply to all island annexations not just "Morga" islands. With regard to the Design review standards, Supervisor Wilson offered to have County staff attend the Council's study session to help explain how the standards work and their relationship to other County regulations. County Referral--the County requested that the Town submit a list of information needed for the Town to review building site approvals. Certificate of Compliance - Discussion was held. Transit Terminal Relocation - Supervisor Wilson asked that the Town supply her with a list of alternative locations within the Town and she indicated she could not support a layover at the bus station, due to danger for turn around on S. Santa Cruz Avenue. Discussion was also held on the possibility of Caltrans closing the on ramp to S. Santa Cruz Avenue. After further discussion on the above Mr. Ferrito moved that any action items outlined in this report be referred to staff for report, that would include without limitation, making various request of County Planning Commission and supplying the list and information required. Mr. Carlson requested that we reiterate the importance of bus station layover situation and the need for this not to drag on. Mr. Ferrito stated he would include that in his motion. Mr. Carlson seconded. Carried unanimously. MONTE SERENO STREET UNDULATION Mayor Benjamin reported on areas of street undulation in Monte Sereno and how pleased residents were with the installations. ADJOURNMENT Mr. Ventura moved meeting be adjourned at 9:38 p.m. to executive session. Reporting of said session will be made at the next regular meeting. It was also noted there will be budget study session held on June 10 & 11, 1985. ATTEST: Rose E. Aldag Town Clerk