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M 01-22-85TOWN OF LOS GATOS CALIFORNIA TOWN COUNCIL/PARKING AUTHORITY AGENDA JANUARY 22, 1985 TOWN COUNCIL The Town Council and the Parking Authority met jointly in the Council Chambers of the Town Hall at 7:38 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 Cub Scout Pack 302 led the audience in the Pledge of Allegiance. PRESENTATION RUSSELL LOUTHIAN Mayor Benjamin presented a Resolution of Commendation to Russell E. Louthian for his service to the citizens and the community by serving as member of the Community Services Commission. PRESENTATION BY CUB SCOUT PACK 302 Jason Kalenborn, representing Cub Scout Pack 302, stated that on Saturday, May 4, 1985 a Scoutorama would be held at the Santa Clara County Fairgrounds and they would like local governments to participate. Cub Scout Pack 302 is challenging the Council members to participate in a derby race against County of Santa Clara and ten neighboring cities. Mayor Benjamin accepted the challenge. EX-AGENDA ITEMS The Town attorney reported on the case of Harold Johnson vs. Worker's Compensation, stating a closed session, pursuant to Government Code section 54956.9A, would be held when Council recesses later in the meeting. The Town Manager referred to various supplement letters Council had before them. BID AWARD REPLACEMENT TRUCKS IN MAINTENANCE DEPT. Mr. Daily moved to award the bid for two maintenance department trucks to Sierra Moreno Mercantile Company for a 2 ton truck in the amount of $37,643.49 (without trade), and a 1 ton truck in the amount of $22,879.00 (with trade); and award the bid for the 3/4 ton truck to South Bay Ford in the amount of $13,904.40 (with trade). Mr. Carlson seconded. Carried unanimously. COMMUNICATIONS (referral/file) a.Letter from Chamber of Commerce regarding "Business Day Experience". Mr. Carlson moved to refer this to staff. Town Departments will participate as in prior years. Mr. Daily seconded. Carried unanimously. b.Letter from Bill Quigley concerning planting of oak trees along Harwood Road. Mr. Carlson moved to refer to staff for report to Council at their February 4, 1985 Council meeting. Mr. Daily seconded. Carried unanimously. PARKING COMMISSION ACTIVITY REPORT 7 Informational report for Council. SCHEDULE OF PUBLIC HEARINGS Informational report for Council. COMMUNITY SERVICES COMMISSION REPORT It was reported that the new Chariman for the Community Services Commission is Timothy Coughlin and the Vice-Chairman is Michael Abkin. CODE ENFORCEMENT OFFICER'S QUARTERLY REPORT It was consensus of Council to request a report on all violations recorded to date and those, how many were called in or how many the Code Enforcement Officer found on his own. Council would also like report to show the accumulative number of violations. PLANNINGS MONTHLY REPORT Council informational report. SENIOR CENTER BOND ACT (PROPOSITION 30) Council informational report. COUNTY REFERRALS Mr. carlson moved to accept staff recommendation as follows: 1731-27-43-82B Brush Road Piementel Time Extension Single Family Dwelling No comment. 2131-34-51-84SP 14790 Sky Lane Pritchard Special Permit, Secondary Dwelling. Council instructed staff to file an appeal to be Board of Supervisors. Mr. Daily seconded. Carried unanimously. NOTICE OF COMPLETION TRACT 6118 Mr. Carlson moved to authorize the Mayor to execute and the Town Clerk to record a Notice of Completion and Certificate of Acceptance for subject project. Mr. Daily seconded. Carried unanimously. KAISER GROUP MEDICAL & HOSPITAL SERVICE AGREEMENT AMENDMENT Mr. Carlson moved to adopt Resolution No. 1985-8 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. Mr. Daily seconded. Carried unanimously. AMENDING L.G. HILLSIDE SPECIFIC PLAN - EMERGENCY ACCESS ROADS Mr. Carlson moved to adopt Resolution No. 1985-9 entitled, A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AMENDING THE LOS GATOS HILLSIDE SPECIFIC PLAN WITH RESPECT TO EMERGENCY ACCESS ROADS. Mr. Daily seconded. Carried unanimously. MAYOR TO SIGN AGREEMENT FOR PREPARATION OF EIR - 17975 FOSTER ROAD Mr. Carlson moved to adopt Resolution No. 1985-10 entitled, RESOLUTION MODIFYING AN AGREEMENT PREVIOUSLY APPROVED TO PREPARE A FOCUSED ENVIRONMENTAL IMPACT REPORT. Mr. Daily seconded. Carried unanimously. Staff to communicate to applicant, in writing, that the payment of these fees for preparation of an EIR does not guarantee approval of the project. RENEWING AGREEMENT BETWEEN KCAT & TOWN ACCOUNTING SERVICES Mr. Carlson moved to adopt Resolution No. 1985-11 entitled, A RESOLUTION RENEWING AGREEMENT WITH KCAT IN THE PROVISION OF ACCOUNTING SERVICES. Mr. Daily seconded. Carried by a vote of three ayes. Mr. Ferrito and Mr. Ventura abstained, both are members of the KCAT Board of Directors. EIR REPORT 24-LOT SUBDIV. BETWEEN SHANNON & BL. HILL RD. (VAVRO) Mr. Carlson moved to adopt resolution No. 1985-12 entitled, RESOLUTION AUTHORIZING AGREEMENT TO PREPARE A FOCUSED ENVIRONMENTAL IMPACT REPORT. Mr. Daily seconded. Carried unanimously. This resolution authorizes the Mayor to execute the agreement with Mindigo & Associates, Environmental Consultants for a 24-lot Subdivision between Shannon Road and Blossom Hill Road (Vavro). Staff to communicate to applicants, in writing, that the payment of these fees for preparation of EIR does not guarantee approval of the project. ZONE ORDINANCE AMENDMENT 15200 LOS GATOS BOULEVARD Mr. Carlson moved to adopt Ordinance No. 1637 entitled, AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONING ORDINANCE EFFECTING ZONE CHANGE NO. 64 FROM C-1 TO CH. Mr. Daily seconded. Carried unanimously. ORDINANCE AMENDING ORDINANCE 1632 576 W. PARR AVENUE Mr. Carlson moved to adopt Ordinance No. 1638 entitled, AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING ORDINANCE NO. 1632 (576 W. PARR AVENUE). Mr. Daily seconded. Carried unanimously. MINUTES JANUARY 7, 1985 Mr. Ventura moved to approve the minutes of January 7, 1985 as corrected. Mr. Ferrito seconded. Carried unanimously. WRITTEN COMMUNICATIONS (for action) a.Letter of resignation from Emma Rau from the Cultural Commission. Mr. Ventura moved to accept Ms. Rau's resignation with regret, and adopt Resolution No. 1985-13 entitled, A RESOLUTION COMMENDING EMMA RAU. Mr. Ferrito seconded. Carried unanimously. Clerk be directed to advertise for vacancy on said Commission. DECEMBER, 1984 WARRANT DEMANDS Mr. Ventura moved to approve the December, 1984 Warrant Demands in the amount of $548,505.84. Mr. Carlson seconded. Carried unanimously. DECEMBER, 1984 FINANCIAL STATEMENT Mr. Carlson moved to approve the December, 1984 Financial Statements. Mr. Daily seconded. Carried unanimously. JANUARY, 1985 PAYROLL Mr. Carlson moved to approve the December 30th through January 12th, 1985 payroll in the amount of $128,090.46; and January 15th warrant Demands in the amount of $105,419.73 for various employee withholdings. Mr. Daily seconded. carried unanimously. AMENDING SECTION 16-43.2 OF TOWN CODE - SPEED LIMITS - SHORT RD. TO HICKS RD. Mr. Ferrito moved to waive the reading for AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING SECTION 16-43.2 OF THE LOS GATOS TOWN CODE FOR ESTABLISHING SPEED LIMITS ON CERTAIN STREETS. Mr. Ventura seconded. Carried unanimously. Clerk read title. Mr. Ventura moved for introduction of this ordinance. Mr. Daily seconded. Carried unanimously. TREASURER'S REPORT - NOVEMBER & DECEMBER 1984 Mr. Ferrito moved to continue the Treasurer's Report of November and December, 1984. Mr. Ferrito had questions regarding the daily balance report and interest being earned. It was consensus of Council that the Mayor write and invite the Treasurer to attend the next Council meeting and answer the specific questions of Council. Mr.Carlson seconded. Carried unanimously. STUDENT PARK COMMISSION APPOINTMENTS Paul Butts, 516 Roxbury Lane, spoke on number of candidates that had applied for the Commission and gave Park Commission recommendations. Mr. Carlson moved to accept Park Commission recommendation and appoint Eric Madren and Matthew Schechter as Student Park Commission members effective February 1, 1985, for a term of one year. Mr. Daily seconded. Carried unanimously. Council wished to commend all the youths who had applied for the Commission. HOUSING CONSERVATION PROGRAM POLICY GUIDELINES Tim Coughlin, Chairman of the Community Services Commission, referred to one change in the proposed guidelines and amendments. Stating there is one minor modification which is changing the loan limit from $17,000 to $25,000. Jill Cody, Director of Community Services, answered questions of Council regarding this program. Mr. Ferrito moved to accept staff recommendation and approve the Housing Conservation Program Policy Guidelines. Mr. Carlson seconded. Carried unanimously. DRAMA IN SCHOOLS PROGRAM The Cultural Commission recommended funding of a two-year program to bring drama to schools in the Los Gatos Elementary School District. Council questioned if the Los Gatos School District had approved this program; whether all schools participating are within the Los Gatos Town limits or in the school district. After further discussion, it was consensus of Council to refer this back to the Cultural Commission for answers to the above questions. APPEAL - GTE MOBILNET ANTENNA Mayor Benjamin stated this was the time and place duly published for public hearing on the appeal of Planning's denial of Conditional Use Permit Application U-84-19 and Architecture and Site Application S-84-66 on GTE Mobilnet's request for permission to construct a cellular mobile radio - telephone freestanding monopole antenna on property in the C-2 Zone located on the SW corner of Wood Road and S. Santa Cruz Avenue. The Planning Director, Lee Bowman, answered questions of Council regarding zoning. Attorney Norman Matteoni, representing GTE Movilnet spoke on the issue and presented Council with a list of Alternate Sites that GTE Mobilnet has investigated in the Los Gatos area and a map and diagram, showing locations of other antenna. Mr. Matteoni explained the need for locating the antenna at the proposed location. Speaking on this issue were John Kelly, Jerry Pribyl, Terry O-Hara all representing GTE Mobilnet. Also speaking on this issue were Jo Bartlett, who felt this request is not a necessity, questioned the safety of phone in cars and urged the Town to deny the appeal. After much discussion regarding the appeal, Mr. Ventura moved Council deny the appeal and cannot find that the Planning Commission made any error. The application is not consistent with the Los Gatos Downtown Plan, which is part of the Town's General Plan and not in accord with the Town's recently adopted General Plan. Also, cannot make the findings necessary to issue a Conditional Use Permit as it is very poor planning to put an unobscured 110 foot tower on a main shopping street in Los Gatos. Mr. Carlson seconded. Carried unanimously. The Town Attorney to prepare the appropriate resolution for Council consideration at the next meeting. RECESS Mayor declared a recess. Meeting reconvened at 10:40 p.m. Mayor Benjamin stated due to the late hour the Closed Session that was scheduled to be held at recess would now be held at the close of the meeting. VARIOUS FEES & CHARGES RE ZONING, ENG., ETC. Mayor Benjamin stated this was the time and place duly published for public hearing to consider changes in various Town fees and charges. Speaking on the issue were Robert Hamilton, Rex Bishop and Ron Gates. Discussion was held on cost recovery for various Town services. After more discussion, Mr. Carlson moved the hearing be continued to February 4, 1985. Mr.Ventura seconded. Carried unanimously. Mr. Ferrito moved to have staff prepare questionnaire for Council's consideration and proposed resolutions with staff recommendations on the Tier 1 and Tier 2 Plans regarding restaurants. Mr. Ventura seconded and stated his concerns regarding check sheet, feeling the need to collect fees up front with a refund of unused portions. Motion carried unanimously. COMMUNITY BLOCK GRANT PROGRAM & COMMUNITY SERVICES COMMISSION FUNDING Mayor Benjamin stated this was the time and place duly published for public hearing to consider HCDA Eleventh Year Community Development Block Grant Proposals. Speaking on the issue were Timothy Coughlin,Chairman of Community Services Commission; Karen Saunders, representative of Community Housing Development; Sheryl Silverstein, represented Teen Health Place; Bobby Goldborough, represented San Jose State University/Health Place; Phil Brown, represented Lie Oak Adult Day Care Center. Jill Cody,Director of Community Services, answered questions of Council. Jim Lewis spoke on the Los Gatos High School Handicapped Access; and Paul Collins, Superintendent of Los Gatos High/Saratoga High District answered questions of Council regarding the grant for Los Gatos High Handicap Access funding. No one else in the audience wished to speak on this issue. Mr. Ferrito moved hearing be closed. Mr. Ventura seconded. Carried unanimously. Mr. Ferrito moved to approve the following project proposals at the recommended funding levels, and authorize that they be submitted to Santa Clara County Urban County by January 31, 1985 as follows: Community Housing Developers/$ 33,500.00 Senior Citizen Group Home L.G. Housing Conservation Program 60,000.00 S.J. State U. Health Place 8,500.00 Teen Health Place 15,000.00 Live Oak Adult Day Care Center 10,000.00 Total $127,000.00 Mr. Ventura seconded. Carried unanimously. Further discussion was held on funding request of 23,000 for the Los Gatos High handicap access. Mr. Carlson moved to approve the 23,000 funding with stipulation that any CDBG monies or School District monies that are not incumbered, as of this date, must be used for the Los Gatos High School Handicap Access Ramp Project. Mr. Daily seconded. Carried unanimously. PROPOSED LEGISLATION OF ABANDONED OR UNUSED WELLS This item was continued to the February 4, 1985 Council meeting. PROJECT 305 L.G. BLVD STREET IMPROVEMENTS Fred Wilson, Sr. Pastor Calvary Baptist Church, and Michael Jones, 267 Belblossom, spoke on their concerns of accessibility to the Church from Los Gatos Boulevard. Mr. Carlson moved to approve concept plans for the improvement of the Van Meter School and Los Gatos Convalescent Home frontages (not including median island), and direct staff to proceed with the development of final plans and specifications, scheduling construction for summer of 1985. Mr. Ferrito seconded. Carried unanimously. PROJECT 302 L.G. BLVD/LOMA ALTA AVENUE INTERSECTION & DRAINAGE IMPROV. It was consensus of Council to continue this item to February 4, 1985 Council meeting. POLLARD ROAD BICYCLE/PEDESTRIAN SAFETY Letter received from Carolyn Motzkus regarding Pollard Road bicycle pedestrian safety. Mr. Ferrito moved to approve the concept plan for interim Pollard Road Safety Improvements. Mr. Ventura seconded. Carried unanimously. The Mayor to draft a letter requesting Campbell participation in this project. A copy of Ms. Motzkus' letter is also to be sent to Campbell. ENGLEWOOD AVE/ MONTEREY AVE SPEED BUMPS William Frantz, 16345 Englewood Ave., and Mark Warmley, 16390 Englewood Ave both spoke in support of raising the speed bumps. Mike Reeder, 16344 Englewood Ave., stated the bumps were not deferring traffic like some enforcement. R. Erving, 16387 Englewood ave., feels the surveys are not doing any good and the bumps are not serving the purpose. O. McJunkin, 16330 Englewood Ave., suggested tough Police enforcement. It was consensus of Council to modify the existing speed bumps to raise their height to four inches. PROJECT 255-SS SANTA CRUZ AVE/ ANDREW STREET TRAFFIC SIGNALS It was consensus of Council to continue this item to February 4, 1985 Council meeting. NON-CONFORMING USE STUDY It was consensus of Council to continue this item to February 4, 1985 Council meeting. SECONDARY UNIT SURVEY Phyllis Seaborn spoke against the Granny Flats and asked what can be done? Mr. Ventura requested a report from staff. After further discussion, it was consensus of Council to continue this item to the February 4, 1985 Council meeting for further discussion. TRANSPORTATION 2000 The Town Manager confirmed attendance of Mr. Ventura and Mr. Carlson to Transportation 2000 meeting. CENTENNIAL COMMITTEE It was consensus of Council to continue this item to the February 4, 1985 Council meeting. ADJOURNMENT The Council meeting was adjourned at 1:10 a.m., Wednesday, January 23, 1985 to Executive Session. Report regarding the Closed Session will be made at the meeting on February 4, 1985. ATTEST: Rose E. Aldag Town Clerk