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M 11-17-86TOWN OF LOS GATOS CALIFORNIA TOWN COUNCIL/PARKING AUTHORITY AGENDA NOVEMBER 17, 1986 TOWN COUNCIL The Town Council/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:Joanne Benjamin, Thomas J. Ferrito and Vice-Mayor Brent N. Ventura. ABSENT:Eric D. Carlson and Mayor Terrence J. Daily. PLEDGE OF ALLEGIANCE Given by all in attendance. Town Manager reported that there were two changes in the agenda and that is due to Town not receiving Certification of votes from the Registrar of Voter for the November 4th Election. The oaths of office for newly elected candidates and selection of Mayor will not take place until the meeting of December 1, 1986. CLOSED SESSION REPORT Town Attorney reported that Council had met in closed session prior to tonight's meeting and pursuant to Government Code Section 54956.9 (a) discussed the claim of Ken Schaitberger. There was a finding that there was significant exposure to litigation, but no action was taken. Pursuant to Government Code Section 54956.9 (c) Council discussed institution of litigation on Zoning violation and there was no action on report at this time. CAB CHASSIS & UTILITY TRUCK It was noted three bids had been received ranging from low bid of $18,208.19 to high bid of $19,882.74. After some discussion Mrs. Benjamin moved to award the bid to Mission Valley Ford in the amount of $18,208.19. Mr. Ferrito seconded. Carried by vote of three ayes. Mr. Daily and Mr. Carlson were absent. SCHEDULE OF PUBLIC HEARINGS Information for Council showing schedule of upcoming public hearings. NOVEMBER 7, 1986 PAYROLL & RELATED WARRANTS Mr. Ferrito moved for approval of November 7, 1986 payroll in the amount of $129,277.88 and payroll related warrants in the amount of $124,244.41. Mrs. Benjamin seconded. Carried by vote of three ayes. Mr. Daily and Mr. Carlson were absent. WARRANTS FOR NOV. 1, 1986 Mr. Ferrito moved for approval of November 1, 1986 warrants in the amount od $450,813.31. Mrs. Benjamin seconded. Carried by vote of three ayes. Mr. Daily and Mr. Carlson were absent. SARATOGA-LOS GATOS GREAT RACE Request had been received from the Rotary Club asking permission to conduct the Saratoga-Los Gatos Great Race on Sunday, January 18, 1986. Council received report stating applicant will pay all costs associated with staffing the event. Mr. Ferrito moved to grant the request to conduct "The Great Race" on Sunday, January 18, 1986 with the following conditions: 1.Applicant to comply with safety requirements as established by Police and Parks, Forestry and Maintenance Dept. 2.Applicant shall be responsible for cleanliness of the race course route to include park facilities and public streets. 3.Applicant to provide one million dollar ($1,000,000) special event insurance naming the Town as an additional insured, and sign a Town hold harmless agreement prior to the event. 4.Applicant to set up meetings with Police and Parks, Forestry and Maintenance Dept's. two weeks prior to the event for coordination and to ensure compliance with the above. 5.applicant to pay the cost of uniformed officers. Mrs. Benjamin seconded. Carried by vote of three ayes. Mr. Daily and Mr. Carlson were absent. Vice Mayor Ventura suggested that the sponsor be contacted and see if they would consider the closing down of the slow lane of east bound on Highway 9 from Saratoga into Los Gatos during the race. CHRISTMAS PARADE Mr. Ferrito moved to approve the request of the Los Gatos Chamber of Commerce and the Los Gatos Lions Club to hold the 30th Annual Children's Christmas Parade on Saturday, December 6, 1986, with the following conditions: 1.Applicants be required to coordinate with the Parks, Forestry & Maintenance Dept. for use of the Plaza and Civic Center to ensure facility cleanliness and preservation, and protection of landscaped areas. 2.Applicants be required to coordinate with the Police Dept. all parade activities involving the use of public streets. 3.Selling of merchandise at the Town Plaza and Civic Center be limited to local non-profit vendors who have been granted Council approval to use Town property. 4,The Chamber provide the Town with special event insurance coverage in the amount of one million dollars ($1,000,000) naming the Town as an additional insured. Additionally, the applicant to sign a hold harmless agreement. 5.The Director of Parks, Forestry and Maintenance recommends that the use of the Civic Center roof surfaces for display of trophies and awards not be allowed. This practice is a potential safety hazard and may damage the roof. Council also approve the expenditure of approximately $4,500 in staffing costs in support of this community event and based on established precedent. Mrs. Benjamin seconded. Carried by vote of three ayes. Mr. Daily and Mr. Carlson were absent. MAINTENANCE PROBLEM ALONG SARATOGA AVE. In response to correspondence of Lillian E. Hutton dated October 17, 1986 regarding littering along Saratoga Avenue. The staff has inspected the condition and Cal Trans, who has maintenance responsibility for this area was notified, and has agreed to clean the areas in question within the next two weeks and in the future Cal Trans will periodically inspect the site and clean the area as necessary. Discussion was held on this item and Council requests staff to follow up on this situation so this are will be kept clean. Discussion was held regarding the replacement of dead trees within the interchange of Highway 9 & 17. Council requested that staff contact Cal Trans on this matter. COUNTY ORDINANCE RE BED & BREAKFAST INNS Information report for Council FIRST QUARTER BUDGET REVIEW Informational report for Council. ARTS COMMISSION VACANCY Mr. Ferrito moved to accept staff recommendation that due to absences of Marti Erickson from the arts Commission meetings in excess of that allowed by the resolution creating said Commission that said absences be construed as her resignation which Council accepts and Clerk be directed to advertise for said vacancy. Mrs. Benjamin seconded. Carried by vote of three ayes. Mr. Daily and Mr. Carlson were absent. PARKING PROHIBITION LYNDON AVE. Mr. Ferrito moved for adoption of resolution No. 1986-170 entitled, PARKING PROHIBITION, LYNDON AVENUE CUL-DE-SAC. Mrs. Benjamin seconded. Carried by vote of three ayes. Mr. Daily and Mr. Carlson were absent. TRANSPORTATION 2000 WORKSHOP Information report for Council. Town Engineer Zapf answered some questions of Council re said report. PEDESTRIAN FACILITY BL. HILL RD. E BL. HILL SCHOOL Mr. Ferrito moved to direct staff to contact Ms. Tracy and explain the Town's concerns regarding traffic safety including recent Council deliberations. Mrs. Benjamin seconded. Carried by vote of three ayes. Mr. Daily and Mr. Carlson were absent. ESTABLISHMENT TOWN'S FINANCIAL POLICIES Mr.Ferrito moved for adoption of Resolution No. 1986-171 entitled, ESTABLISHING TOWN FINANCIAL POLICIES. Mrs. Benjamin seconded. Carried by vote of three ayes. Mr. Daily and Mr. Carlson were absent. BLOSSOM HILL MANOR NO. 4 ANNEXATION Mr. Ferrito moved for adoption of Resolution No. 1986-172 entitled, A RESOLUTION APPROVING THE ANNEXATION OF CERTAIN UNINHABITED TERRITORY DESIGNATED AS BLOSSOM HILL MANOR NO. 4 TO THE TOWN OF LOS GATOS. Mrs. Benjamin seconded. Carried by vote of three ayes. Mr. Daily and Mr. Carlson were absent. STOP SIGNS AT INTERSECTION MORE AVE & NEWVILLE DR. Mr. Ferrito moved to accept staff recommendation and deny the request for stop signs at the intersection of More Avenue and Newville Drive. Mrs. Benjamin seconded. Carried by vote of three ayes. Mr. Daily and Mr. Carlson being absent. NOVEMBER 3, 1986 MINUTES Corrections were made as follows- Pg. 3, Subject - Parking Assessment Dist. vote on this issue should state that Mr. Ferrito abstained. Pg. 3, subject - Sports stadium for San Jose., should stante that no action was taken. Pg. 10, subject - Supplemental agreement - improvements of College Avenue. -- vote should state that "Mr. Ventura seconded. Carried by vote of four ayes. Mr. Carlson was absent". Mr. Ferrito moved minutes of November 3, 1986 be approved as corrected. Mrs. Benjamin seconded. Carried by vote of three ayes. Mr. Daily and Mr. Carlson were absent. COMMUNICATIONS (for action) Report on use of horse drawn carriages program to be used in the downtown area December 5th through the 21st. 1986. Mrs. Benjamin moved to approve Chamber of Commerce request subject to staff requirements. Mr. Ventura seconded. Carried by vote of two ayes. Mr. Ferrito voting no and wished the record to reflect that he had voted no on same request from a private individual some years ago who made same promise of self containment, but feels there is some inherent problems. Mr. Daily and Mr. Carlson were absent. ORDINANCE AMENDMENT - DEFINITION OF SENIOR CITIZEN Vice-Mayor Ventura stated this was the time and place duly published for public hearing to consider Zoning Ordinance amendment A-85-11 concerning the definitions of Senior Citizens. Town Manager answered questions of Council. There being no one from the audience wishing to speak on this issue, Mr. Ferrito moved public hearing be closed. Mrs. Benjamin seconded. Carried by vote of three ayes. Mr. Daily and Mr. Carlson were absent. Mr. Ferrito moved to waive the reading of AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE DEFINITION OF SENIOR CITIZEN. Mrs. Benjamin seconded. Carried by vote of three ayes. Mr. Daily and Mr. Carlson were absent. Clerk read title of the Ordinance. Mr. Ferrito moved for introduction of the Ordinance. Mrs. Benjamin seconded. Carried by vote of three ayes. Mr. Daily and Mr. Carlson were absent. ZONE CHANGE IN UNIVERSITY Vice-Mayor Ventura stated this was the time and place duly published for public hearing to consider Zone Change Application Z-86-1, a change of zoning from R- 1D (Single Family Residential Downtown), C-2 (Central Business District Commercial And O (Office), to R-1D-LHP (Single family Residential - Downtown - Landmark and Historic Preservation Overlay), RM:5-12-LHP (Multiple Family residential - Landmark and Historic Preservation Overlay), C-1-LHP (Central Business District Commercial - Landmark and Historic Preservation Overlay and O-LHP (Office - Landmark and Historic Preservation Overlay for properties located south of Saratoga Avenue, north of East Main Street, east of Boone Lane and the abandoned former Southern Pacific Railroad rt-o-wy on existing Town Parking lots and west of State Highway 17. Planning Director Bowman answered questions of Council whereby he stated no fee is charged for A & S Approval for buildings in the historic district, both Commercial and residential. Ms. Kathryn Morgan, member of the Preservation sub-committee and member of the Historic Preservation Society, spoke on projects within the district and stated residents were sent notices of meetings of the committee, to answer questions they might have. Ms. Morgan suggested an amendment to the proposed ordinance to include the same wording that is in the Almond Grove Historic Ordinance, relating to damaged or remodeled buildings. After further discussion and no one else from the audience wishing to be heard, Mr. Ferrito moved public hearing be closed. Mrs. Benjamin seconded. Carried by vote of three ayes. Mr. Daily and Mr. Carlson were absent. Discussion was held on wording of proposed Ordinance re damaged and remodeling of buildings. Mr. Bowman stated this issue was not discussed by the Planning Commission, so if Council wished to make this change it would require Council to refer it back to Planning Commission for report. After further discussion it was the consensus of Council not to delay this any longer and feels the wording of the Ordinance is clear. Mr. Ferrito moved to make the negative declaration. Mr. Ventura seconded. Carried by vote of two ayes. Mrs. Benjamin voting no as she would like this held over to allow for a meeting of the Historic Preservation Committee so residents within this Historic district could have there questions answered prior to council taking any further action. Mr. Daily and Mr. Carlson were absent. Mr. Ferrito moved to make findings that the formation of the University/Edelen Historic District is consistent with the General Plan and Downtown Specific Plan. Mr. Ventura seconded. Carried by awed of two ayes. Mrs. Benjamin voting no, for reason given previously. Mr. Daily and Mr. Carlson were absent. Mr. Ferrito moved to waive the reading for AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONING ORDINANCE AFFECTING ZONE CHANGE NO. _____ FROM R-1D, RM:5-12. C-2 and O TO R-1D-LHP, MR: 5-12-LHP, C-2-LHP and O-LHP and O-LHP UNIVERSITY/EDELEN HISTORIC DISTRICT. Mr. Ventura seconded. Carried by vote of three ayes. Mr. Daily and Mr. Carlson were absent. Clerk red title of Ordinance. Mr. Ferrito moved for introduction of the Ordinance. Mr. Ventura seconded. Carried by vote of two ayes. Mrs. Benjamin voting no for reason previously stated. Mr.Daily nd Mr. Carlson were absent. Vice-Mayor Ventura stated as requested by Mrs. Benjamin, adoption of the Ordinance will be delayed to December 15, 1986, as the Historic Preservation Committee will be meeting on December 4, 1986 and any persons having questions or interest in this Historic designation may attend and have their questions answered. APPEAL ON DENIAL OF VARIANCE AT 706 MORE AVE. Vice-Mayor Ventura stated this was the time and place duly published for public hearing to consider the appeal of Planning Commission's denial of request for Variance for reduction of a side yard setback in the R-1:20,000 zone. Roger Maino, Attorney representing appellant, requested continuance of this appeal, due to his client not being able to attend this meeting because of illness. Mr. Ventura asked if there was no one in the audience wishing to speak on this issue. There being none, Mr. Ferrito moved the request be granted and hearing be continued to December 15, 1986. Mrs. Benjamin seconded. Carried by vote of three ayes. Mr. Daily and Mr. Carlson were absent. CERTIFICATE OF CONVENIENCE CITY CAB CO. Vice-Mayor Ventura stated this was the time and place duly published for public hearing to consider the application of City Cab Company for certificate of Public and Necessity, pursuant to Town Code Section 29-25. There being no one in the audience wishing to speak on this issue, Mr. Ferrito moved public hearing be closed. Mrs. Benjamin seconded. Carried by vote of three ayes. Mr. Daily and Mr. Carlson were absent. Mrs. Benjamin moved that Council determines taxicab service in the Town is required and the applicant is fit, willing and able to perform such public transportation; that taxicab transportation in Town is not adequate; and Certificate of Public Convenience and Necessity be granted and the Police department be authorized to proceed with vehicle, equipment and driver certification pursuant to Town Code regulations. Mr. Ferrito seconded. Carried by vote of three ayes. Mr. Daily and Mr. Carlson were absent. ABANDONMENT OF 30 FOOT RT-0-WY 800 FOSTER ROAD Vice-Mayor Ventura stated this was the time and place duly published for public hearing to consider the abandonment of a 30 foot wide strip of land located at 800 Foster Road (owner Bartlett). It was noted from the engineer's report that this abandonment consists of the return of lands to a property owner. The land is no longer needed for future street purposes and no other property owner could benefit from the requested abandonment. There being no one from the audience wishing to speak on this issue, Mrs. Benjamin moved public hearing be closed. Mr. Ferrito seconded. Carried by vote of three ayes. Mr. Daily and Mr. Carlson were absent. Mrs. Benjamin moved for adoption of Resolution No. 1986-173 entitled, ORDER VACATING A 30 FOOT RIGHT-OF-WAY STRIP ACROSS PROPERTY LOCATED AT 800 FOSTER ROAD (BARTLETT) APN 537-03-043. Mr. Ferrito seconded. Carried by vote of three ayes. Mr. Daily and Mr. Carlson were absent. EXTENSION OF URGENCY ORDINANCE NO. 1690 Vice-Mayor Ventura stated this was the time and place duly published for public hearing to consider the extension of Ordinance No. 1690 entitled, AN URGENCY INTERIM ZONING ORDINANCE AMENDING THE LOS GATOS ZONING ORDINANCE REGARDING THE REQUIRED FRONT AND REQUIRED FRONT AND REQUIRED SIDE YARD ABUTTING A STREET IN THE CENTRAL BUSINESS DISTRICT COMMERCIAL ZONE. Due to lack of full Council and the necessity of a 4/5 vote, this matter was withdrawn from the agenda and no action was taken. APPEAL-LOS GATOS CONVALESCENT HOSPITAL Vice-Mayor Ventura stated this was the time and place duly noted for continued public hearing to consider the appeal of Conditional Use Permit Application U-77- 38A, consideration to operate an existing convalescent hospital in the "O" zone. Property owner B & M Properties. It was noted a request had been received requesting withdrawal of this appeal as applicant has submitted a new application for a major rehabilitation and up-grading of this facility. Mrs. Benjamin moved to grant request from Los Gatos Convalescent Hospital to withdraw this appeal. Mr. Ferrito seconded. Carried by vote of 3 ayes. Mr. Daily and Mr. Carlson were absent. GRANTING APPEAL 16500 MOZART AVE YMCA OF SANTA CLARA COUNTY Mr. Ferrito moved for adoption of Resolution No. 1986-174 entitled, RESOLUTION GRANTING APPEAL OF PLANNING COMMISSION DENIAL OF SUBDIVISION APPLICATION REQUESTING APPROVAL OF A TENTATIVE SUBDIVISION MAP TO DIVIDE AN APPROXIMATELY FIVE ACRE PARCEL INTO 20 LOTS ON PROPERTY LOCATED IN THE R-1:8000 ZONE AND APPROVING TENTATIVE SUBDIVISION MP FOR 19 LOTS WITH SPECIFIED CONDITIONS. Mrs. Benjamin seconded. Carried by vote of three ayes. Mr. Daily and Mr. Carlson were absent. Vice-Mayor Ventura wished the record to reflect that he disagrees on the finding that Planning erred in misinterpreting the General Plan in not considering contemplating changes in uses in and along the Route 85 corridor. GUADALUPE RUBBISH DISPOSAL CO. ZONE CHANGE Mrs. Benjamin moved for adoption of Ordinance No. 1693 entitled, AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONING ORDINANCE EFFECTING ZONE CHANGE NO. 71 FROM LM-PD TO LM-PD. Mr. Ferrito seconded. Carried by vote of three ayes. Mr. Daily and Mr. Carlson were absent. TRAFFIC AUTHORITY STRATEGIC PLAN FOR MEASURE A PROGRAM Mr. Ferrito moved staff request Santa Clara County Traffic Authority to defer action until February 1, 1987 in order to allow the Town staff sufficient time to analyze the Traffic Authority's proposed strategic plan. Mrs. Benjamin seconded. Carried by vote of three ayes. Mr. Daily and Mr. Carlson were absent. TRAFFIC SIGNAL AT KING'S COURT SHOPPING CENTER Mr. Ferrito moved to direct staff to proceed and prepare final plans and specifications for the construction of a signal at the intersection of Blossom Hill Road/Camellia terrace and Kings Court Shopping Center driveway prior to expiration of the participation agreement with Kings Court and authorize supplemental appropriation in the amount of $80,000 from the General Fund Appropriation reserves account 014-470-8348. This motion to instruct staff to negotiate some other options that may be available to us whereby we may be able to collect money but not install signal at this time and include as part of the recored that the signal will be tied in with the traffic study that will be conducted pursuant to the terrace Project. Mrs. Benjamin seconded. Carried y vote of three ayes. Mr. Daily and Mr. Carlson were absent. REVIEW OF BID PROCEDURES Mr. Ferrito moved to direct staff to revise bid documents (notice to Bidders and Bid Form) to require that the point of sale for all products, occur in Los Gatos. Mrs. Benjamin seconded. Carried by vote of three ayes. Mr. Daily and Mr. Carlson were absent. COUNCIL MEETING SCHEDULE Mr. Ferrito moved to accept report reflecting the Council's proposed schedule of meetings for the remainder of the fiscal year. Mrs. Benjamin seconded. Carried by vote of three ayes. Mr. Daily and Mr. Carlson were absent. VERBAL COMMUNICATIONS Andy Kinyan, a resident at 6766 McCauley Road, Linden, Ca., spoke to Council re donation of a Fire Bell that served the Town from 1899 to mid thirty's, used for summoning the Volunteer Fire Department in times of emergency, and tolling each noon hour. Mr. Kinyan states he lived in Los Gatos from 1961 and 1983. He now owns this bell and would like to donate this to the Town with certain conditions. Council requested Mr. Kinyan to contact the Town Manager to see what could be worked out. UNITED FOODS & COMMERCIAL WORKERS UNION Mr. Ferrito moved Council adopt resolution No. 1986-175 supporting Kohlberg Kravis Roberts & Co. buy-out of Safeway Stores. Mr. Ventura seconded. Carried by vote of two ayes. Mrs. Benjamin voted no, as she feels Council should not take a stand one way or the other. Mr. Daily and Mr. Carlson were absent. Mayor Ferrito reported he attended meeting of Senior Coordinating Council whereby there were complaints as to limited parking and his explanation that if parking assessment district goes through that would relieve some of those problems. Vice-Mayor Ventura reported on meeting of MTC and the appointment of J. Beall to the City Selection Committee. Mrs. Benjamin reported that Mr. Ferrito and herself had met with Susie Wilson and discussed the Tree Ordinance, secondary units, and safety issues on Shannon Road, but did not get to discuss the Lexington Basin. It was noted the Town Council has already communicated their concerns, in writing, re Lexington Basin. ADJOURNMENT Mr. Ferrito moved meeting be adjourned at 8:50 p.m.. Mrs. Benjamin seconded. Carried by vote of three ayes. Mr. Daily and Mr. Carlson were absent. ATTEST: Rose E. Aldag Town Clerk