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M 07-05-88TOWN OF LOS GATOS CALIFORNIA TOWN COUNCIL/PARKING AUTHORITY AGENDA JULY 5, 1988 TOWN COUNCIL The Town Council/Parking Authority met in the Council Chambers at the Town Hall at 7:46 p.m., in regular session. ROLL CALL PRESENT: Thomas J. Ferrito, Robert L. Hamilton, Brent N. Ventura and Vice Mayor Joanne Benjamin. ABSENT:Mayor Eric D. Carlson. PLEDGE OF ALLEGIANCE Given by all in attendance APPOINTMENTS PERSONNEL BOARD It was noted by the Vice-Mayor Benjamin that interviews for the one (1) vacancy on the Personnel Board had been held and one application was received from Russel J. Cooney. Discussion was held on the possibility of re-organization of this board whereby they have a different process. Vote was taken whereby Mr. Cooney was appointed to the Personnel Board on a vote of three ayes. Mr. Ferrito voting no and Mayor Carlson was absent. Staff to proceed with investigation to develop a re-organizational plan. LIBRARY BOARD & ARTS COMMISSION It was stated due to lack of notification to the applicants for the two vacancies on the Library Board and the three vacancies on the Los Gatos Arts Commission there will be no interviews tonight and Clerk is authorized to readvertise and interviews will be held on August 1, 1988. All applicants to be notified. PRESENTATIONS Vice Mayor Benjamin presented proclamations to students who have participated in the Los Gatos Belgian Sister School Exchange which hereby proclaims the week of July 3-9, 1988 as "LOS GATOS-BELGIAN SISTER SCHOOL EXCHANGE WEEK". A key to the Town was presented to each of the Belgian students. CLOSED SESSION REPORT Town Attorney Levinger stated Council had met in Closed Session prior to tonight's Council meeting and discussed negotiations with the AFSCME unit and there is nothing to report. Council also discussed pending litigation, pursuant to Government Code Section 54956.9 (a) of the case of Town vs And Chili's and there is nothing to report from that discussion. BID AWARD-PROJECT 8701-8702 & 8703 It was noted that six bids were received ranging from low bid of $44,955 to high bid of $79,080.00. Mr. Ventura moved to accept staff recommendation and award the bid for installation of Electroliers for Underground Utility Districts Projects 8701-8702 and 8703 to low bidder of Wingard Engineering Co.,in the amount of $44,955.00. Mr. Ferrito seconded. Carried by vote of four ayes. Mayor Carlson was absent. PROJECT 8718 RECREATION DIST. PARKING LOT It was noted that nine bids were received for the Recreation District Parking Lot - Project ranging from low bid of $21,700.00 to high bid $37,906.50. Discussion was held on the agreements with the Masonic Lodge and the Recreation Dept. After explanation from the Town Manager, Mr. Ferrito moved to accept staff recommendation and award the bid of O'Grady Paving Inc. in the amount of $21,700.00 and approve a supplement appropriation in the amount of $3,870.00 from the General Fund Appropriated Reserve. Acct. No. 014-470-8355. Mr. Ventura seconded. Carried by vote of four ayes. Mayor Carlson was absent. SCHEDULE OF PUBLIC HEARINGS Information report for Council on public hearings scheduled for future meetings. COUNTY REFERRALS Mr. Ventura moved to accept staff recommendation on County Referrals as follows: 3487-28-50-88AP-88A-88-P College Ave. Calif. Province of Society of Jesus Arch. & site and Use Permit Request staff to review the exterior architectural treatment to make it consistent with the existing building. 3254-30-49-87P-87-DR-87G-88DR Aztec Ridge Scott Design Review Direct staff to forward a recommendation of approval to Santa Clara County subject to the following conditions. 1) A deed restriction shall be recorded to insure that the pool house will never be rented or used as accessory living quarters. The content and form of the deed restriction shall be acceptable to the County Counsel and the Town Attorney. 2) Landscaping shall be installed to restore the grading that occurred during the construction of the residence. The landscaping plan shall be submitted to the Town for review and approval. Mr. Hamilton seconded. Carried by vote of four ayes. Mayor Carlson was absent. COUNCIL CALENDAR OF MEETINGS Information for Council. PAYROLL JULY 1, 1988 Mr. Ventura moved for approval of July 1, 1988 payroll in the amount of $174, 808.19; Payroll related warrants in the amount of $152,004.35 and incentive pay and retroactive pay for prior pay periods in the amount of $317,54. Mr. Hamilton seconded. Carried by vote of four ayes. Mayor Carlson was absent. ACCOUNTS PAYABLE FOR JUNE 1988 Mr. Ventura moved for approval of accounts payable for June 1988 in the amount of $210,770.06. Mr. Hamilton seconded. Carried by vote of four ayes. Mayor Carlson was absent. PLANNING DEPT./COMMISSION MONTHLY REPORT Informational report for Council. APPOINTMENT TO SOUTH BAY COOPERATIVE LIBRARY SYSTEM ADVISORY BOARD. Mr. Ventura moved to accept the Los Gatos Library Board recommendation and reappoint Mrs. Patricia Weber as the Los Gatos representative to the South Bay Cooperative Library System Advisory Board, for a term for. 7/1/88 to 6/30/90. Mr. Hamilton seconded. Carried by vote of four ayes. Mayor Carlson was absent. GUADALUPE DISPOSAL CO. Information report on the modification of existing use permit (County) to add an administration building and to relocate two equipment maintenance buildings with accompanying parking areas. SB 956, SB 2072, AB 4099 Mr. Ventura moved that letters be sent to Assemblyman Vasconcellos; assemblyman Dan Hauser and Senator Leroy Green (and also the local legislators as requested by Mr. Ferrito) stating the Town's opposition to the bills. Mr. Hamilton seconded. Carried by vote of three ayes. Mr. Hamilton voted no and Mayor Carlson was absent. CENTENNIAL TIME CAPSULE Information for Council. SEISMIC SAFETY COMMITTEE Mr. Ventura moved to direct the Seismic Safety Committee to develop recommendations for Council consideration to implement a mitigation program to reduce Seismic Hazard risks in the Town and direct staff to provide the Seismic Safety Committee a building inventory of all non-residential buildings constructed prior to 1955. Direct staff to provide the Seismic Safety committee a building inventory of all non-residential buildings constructed prior to 1955. Direct staff to provide the Seismic Safety Committee a building inventory of all non-residential buildings constructed prior to 1955 and direct staff to solicit for replacement of current vacancies on the Seismic Safety Committee. Mr. Hamilton seconded. Carried by vote of four ayes. Mayor Carlson was absent. APPEAL OF JACK COOK - 219 MASSOL Mr. Ventura moved for the adoption of Resolution No. 1988-139 entitled, RESOLUTION DENYING APPEAL OF PLANNING COMMISSION APPROVAL OF PLANS TO REMODEL AND CONSTRUCT A SECOND STORY TO AN EXISTING SINGLE FAMILY RESIDENCE IN THE R-1D-LHP ZONE. (219 MASSOL AVENUE - JACK M. & JANET E. COOK). Mr. Hamilton seconded. Carried by vote of three ayes. Vice-Mayor Benjamin abstained as she was absent from the hearing. Mayor Carlson was absent. APPEAL - DAVID GOLDBERG -16720 KENNEDY Mr. Ventura moved for the adoption of resolution No. 1988-140 entitled, RESOLUTION GRANTING APPEAL OF PLANNING COMMISSION DENIAL OF REQUEST FOR APPROVAL OF A TWO LOT SUBDIVISION OF PROPERTY IN THE R-1:30,000 ZONE (16270 KENNEDY ROAD - DAVID B AND DIANE GOLDBERG). Mr. Hamilton seconded. Carried by vote of two ayes. Mr. Ferrito voted no. Mayor Carlson was absent and Vice-Mayor Benjamin abstained as she was absent from the hearing. APPEAL -235 SARATOGA AVE. ANTON JULIUS Mr. Ventura moved for the adoption of resolution No. 1988-141 entitled, RESOLUTION REMANDING TO PLANNING COMMISSION APPEAL OF PLANNING COMMISSION DENIAL OF PERMISSION TO INTENSIFY A NONCONFORMING RESTAURANT USE BY INCREASING THE HOURS OF OPERATION ON PROPERTY IN THE C-2 ZONE. (235 SARATOGA AVENUE - ANTON JULIUS). Mr/ Hamilton seconded. Carried by vote of two ayes. Mr. Ventura vote no. Mayor Carlson was absent and Vice-Mayor Benjamin abstained as she was absent from the hearing. MANAGEMENT PERFORMANCE & COMPENSATION PLAN Mr. Ventura moved for the adoption of Resolution No. 1988-142 entitled, RESOLUTION AMENDING MANAGEMENT PERFORMANCE AND COMPENSATION PLAN FOR THE TOWN OF LOS GATOS (FY 1987/88, 1988/89). Mr. Hamilton seconded. Carried by vote of four ayes. Mayor Carlson was absent. 1988/89 CLASSIFICATION PLAN Mr. Ventura moved for the adoption of Resolution No. 1988-143 entitled, RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS ADOPTING SCHEDULES OF AUTHORIZED POSITIONS AND SALARIES FOR FISCAL YEAR 1988/89. Mr. Hamilton seconded. Carried by vote of four ayes. Mayor Carlson was absent. SALARIES SET FOR TEMPORARY EMPLOYEES 88-89 Mr. Ventura moved for the adoption of Resolution No. 1988-144 entitled, RESOLUTION SETTING TEMPORARY EMPLOYEE SALARIES FOR FISCAL YEAR 1988-89. Mr. Hamilton seconded. Carried by vote of four ayes. Mayor Carlson was absent. AGREEMENT WITH DE ANZA COLLEGE FIREARMS RANGE Mr. Ventura moved for the adoption of Resolution No. 1988-145 entitled, RESOLUTION AUTHORIZING THE TOWN MANAGER TO EXECUTE AN AGREEMENT WITH DE ANZA COLLEGE DISTRICT FOR THE USE OF DE ANZA COLLEGE FIREARMS RANGE. Mr. Hamilton seconded. Carried by vote of four ayes. Mayor Carlson was absent. AMENDMENT TO ZONING ORD. RESIDENTIAL CARE FACILITY Mr. Ventura moved for the adoption of Ordinance No. 1754 entitled, AN ORDINANCE OF THE TOWN OF LOS GATOS TO AMEND THE TOWN ZONING ORDINANCE TO PERMIT RESIDENTIAL CARE FACILITY GROUP HOMES TO BE ADDED TO THE LIST OF NONCONFORMING USES THAT ARE ALLOWED TO CONTINUE INTERMINABLY. Mr. Hamilton seconded. Carried by vote of three ayes. Vice-Mayor Benjamin abstained as she was absent from last meeting. Mayor Carlson was absent. ORD. AMENDMENT RE LICENSING MOBILEHOME PARKS Mr. Ventura moved for adoption of an ordinance No. 1755 entitled, AN ORDINANCE AMENDING CHAPTER 15 OF THE LOS GATOS TOWN CODE TO PROVIDE FOR LICENSING OF DAY CARE FACILITIES AND TO AMEND PROVISIONS RELATING TO MOBILEHOME PARKS TO REDUCE LICENSE FEES. Mr. Hamilton seconded. Carried by vote of three ayes. Vice-Mayor Benjamin abstained as she was absent from the hearing. Mayor Carlson was absent. VERBAL COMMUNICATIONS Speaking from the audience was Adu Bagley, Joan Perry, Scott Bromfield and Mr. McFadden regarding the problems of dust from the unpaved parking lot between Elm Street and Gray's Lane and requested that Town oil the lot to keep the dust down. Would like to have the lot paved but oiling would help. APPEAL - DAVID QUINN - 48 CHESTNUT AVENUE Vice-Mayor Benjamin stated this was the time and place duly published for public hearing to consider the appeal of Planning Commission's denial of the request for approval of plans to demolish an existing single family residence, replace it with a new family residence and to modify development standards for property in the R- 1:12,000 zone. S-87-2A. Property located at 48 Chestnut and owned by David Quinn. No one from the audience wished to speak on the issue. Mr. Ventura moved to closed the public hearing. Mr. Hamilton seconded. Carried by vote of four ayes. Mayor Carlson was absent. Mr. Ventura moved to remand this back to Planning Commission at the request of the applicant. Mr. Ferrito seconded. Carried by vote of four ayes. Mayor Carlson was absent. APPEAL - 120 N SANTA CRUZ GRECO Vice-Mayor Benjamin stated this was the time and place duly published for public hearing to consider the appeal of Planning Commission denial of request for approval of plans for construction of a commercial building and reduction of various development standards for construction of a parking lot at 120 N. Santa Cruz Avenue. Property owner: Joseph Greco. Business owner: Edward Storm and Emo Biagini. It was also noted that a letter was received from Mr. Storm requesting continuance of this hearing to August 15, 1988. Mr. Ventura moved to grant request and continue this hearing to August 15, 1988. Mr. Hamilton seconded. Carried by vote of three ayes. Mr. Ferrito voted no and Mayor Carlson was absent. COUNCIL MINUTES JUNE 13, 1988 Mr. Ferrito moved to approve the June 13, 1988 minutes as submitted. Mr. Hamilton seconded. Carried by vote of three ayes. Vice-Mayor Benjamin abstained as she was absent from the meeting and Mayor Carlson was absent. JUNE 14, 1988 MINUTES Mr. Ferrito corrected the minutes of June 14, 1988, stating his reason for abstaining from the vote on the Art Docent allocation was because he is member of the Board. Mr. Ventura moved to approve the June 14, 1988 minutes as corrected. Mr. Ferrito seconded. Carried by a vote of four ayes. Vice-Mayor Benjamin abstained as she was absent from the meeting. Mayor Carlson was absent. JUNE 20, 1988 It was consensus of Council to continue approval of the June 20, 1988 minutes to July 18, 1988. ENFORCEMENT OF REFERRALS TO TOWN ATTORNEY It was consensus of Council to accept status report on referrals to the Town Attorney. SEWER OVERFLOW LIABILITY Discussion was held on the claims related to sewer backups in residential neighborhoods and Mr. Ventura suggested a public hearing be scheduled. After further discussion it was consensus of Council to schedule a public hearing and have staff prepare a report showing breakdown of what fee would be to get cost recovery. Council directed Clerk to schedule public hearing for September 19, 1988. REQUEST FOR WAIVER OF HAZ MAT FEES It was noted a letter had been received from Bob Davies concerning his protesting the hazardous materials fees and request for waiver of those required fees. Speaking on the issue was Mr. Davies whose business is at 17419 Farley Road, Los Gatos. He stated his concern is that fees are being charged for inspection but no inspections are being done. He feels, at the present time, the Fire Department can make up new rules and regulations as how to monitor the wells without any concern of the cost to businesses and there is no service by the Fire Department in checking no services. Like the Town to figure out a way to help the small businesses because the large businesses are the ones contaminating the wells. Fire Chief Doug Sporleder spoke and introduced David Ghilarducci, Hazardous Materials Specialist of the Central Fire Protection District. Mr. Ghilarducci answered questions of Council and responded to Mr. Davies questions he had presented as how the monitoring has been modified and spoke of the different ways of monitoring. Further discussion was held whereby Council wanted some follow up on this and make sure inspections are being made. Mr. Ventura stated for the record, he did receive a communication from Mr. Davies in late 86, early 87 and he had an early response and this response, plus letter from Mr. Davies was circulated among the Council in early 1987. Further discussion was held on time it took in starting this project. Fire Marshall stated the fee structure was not payment for services rendered but payment for the responsibility for storage of haz mat materials legally within the Town. Burden for monitoring is on the business. Vice-Mayor Benjamin moved that Fire District collect fee for 1988 and that they will do the inspection. Mr. Ventura and Mr. Ferrito voting no. Mayor Carlson was absent. Further discussion was held on the existance of the tank at the business of Mr. Davies. When it was installed and permits required. Mr. Ferrito moved to accept staff recommendation and deny the request for waiver or modification of fees. Mr. Ventura seconded. Carried by vote of 3 ayes. Mr. Hamilton voting no and Mayor Carlson was absent. Vice-Mayor Benjamin stated she supported the motion by the testimony given by Fire District and hopefully will be seeing that some of the questions of Mr. Davies will be answered. Mr. Ventura stated he has asked the Manager to, either directly through Central Fire or Managers Association meetings, investigate and bring back a report to Council regarding monitoring and whether there are alternatives to self monitoring that seem to be in place. Vice-Mayor Benjamin stated these reports should also be forwarded to Mr. Davies. NOTICE OF COMPLETION CIVIC CENTER COOLING TOWER Mr. Ventura moved to accept the Notice of Completion and Certificate of Acceptance for the Civic Center Cooling Tower installation; authorize the Vice- Mayor to execute the Certificate and the Town Clerk to record the document. Mr. Hamilton seconded, but questioned the delay in getting this on the agenda. Mr. Davies of Foothill Air/Condition, stated this was pulled from the previous agenda in order to insure the Town got paid for the Hazardous Permit fee. He is requesting the Council to accept the warranty period, from the time it was completed and was functioning properly, in which Mr. Bryant and himself went over the installation and it was acceptable at this time. No vote was taken on the above motion. Further discussion was held on the warranty and penalizing the contractor. Mr. Bryant reported to Council on the contract and the completion date. Vice-Mayor Benjamin moved to accept the Certificate of Acceptance and Notice of Completion as of June 20, 1988. Mr. Hamilton seconded. Motion fails on two to two vote. Mr. Ventura moved to accept the Notice of Completion and Certificate of Acceptance. Mr. Ferrito seconded. Motion failed on two to two vote. Mr. Hamilton moved to accept the Notice of Completion and Certificate of Acceptance as of June 20, 1988. Vice-Mayor Benjamin seconded. Motion fails by two to two vote. Mr. Ferrito stated it was pulled from the last agenda so he could get some answers from the Attorney. Mr. Ferrito stated he is willing to vote to accept the Notice but is not willing to back date it. Vice-Mayor Benjamin stated she is willing to change her vote and not have Mr. Davies wait another two weeks as she feels that is unfair. Mr. Ferrito restated his motion to accept the Notice of Completion and Certificate of Acceptance. Vice-Mayor Benjamin seconded. Carried by vote of three ayes. Mr. Hamilton voted no and Mayor Carlson was absent. 85 CORRIDOR RIGHT-OF-WAY ACQUISITION Will Kempton of the Traffic Authority spoke on SB 2032 re acquisition of property in the right-of-way and answered questions of Council. After further discussion and comments re the Policy Advisory Board meetings on the 85 Corridor, Mr. Ventura moved to accept recommendation that Council approve the Traffic Authority's request to proceed with right-of-way acquisition conditioned on the following: a. Traffic Authority approval of approximately $1.5 million to facilitate the use of the median in the 85 Corridor between Almaden and Winchester for mass transportation in the future by: 1. Reserving additional width in the median, and 2. Constructing overpasses and underpasses (including any retaining walls) wide enough to accommodate mass transportation (including rail transportation) in the future. b. Traffic Authority consider funding an additional $900,000 for the "wowing or bowing" of the freeway to accommodate potential future transit stations between Almaden and Winchester. The Council request that Susanne Wilson recommend to the Transit District that the Transit District consider funding approximately $900,000 for the "wowing or bowing" of the freeway to accommodate potential future transit stations in the 85 Corridor between Almaden and Winchester. Vice-Mayor Benjamin seconded. Carried by vote of four ayes. Mayor Carlson was absent. INSTALLATION OF SCULPTURE ON TOWN HALL GROUNDS Discussion was held on the report from Art Commission's recommendation to install sculpture on Town Hall Grounds. After some discussion it was consensus of Council to set a public hearing for September 19, 1988. ELECTION CONSOLIDATION NOVEMBER 8, 1988 Discussion was held on the proposed Resolution consolidating the November 8, 1988 election with the State Wide General Election. Mr. Ventura announced he would not be voting on this issue as he is a potential candidate. Discussion was held re proposition 73 which prohibits public financing for the purpose of seeking elected office. It was consensus of Council to check and see what other cities are doing and get more information re proposition 73 before charging candidate for their statement of qualifications. Mr.l Hamilton moved for adoption of amended Resolution No. 1988-146 entitled, RESOLUTION OF THE TOWN OF LOS GATOS ORDERING AND CALLING A GENERAL MUNICIPAL ELECTION TO BE HELD IN THE TOWN OF LOS GATOS ON NOVEMBER 8, 1988; REQUESTING THE SERVICES OF THE REGISTRAR OF VOTERS; REQUESTING CONSOLIDATION OF ELECTIONS AND SPECIFYING CERTAIN PROCEDURES FOR THE CONSOLIDATED ELECTIONS; AND PROVIDING FOR GIVING NOTICE OF ELECTION. (This does not include any fees for candidate's statements). Mr. Ferrito seconded. Carried by vote of three ayes. Mr. Ventura abstained. Mayor Carlson was absent. ADJOURNMENT Vice-Mayor Benjamin declared the meeting adjourned at 9:45 p.m.. ATTEST: Martha Pavsidis Town Clerk Pro-Tem