Loading...
M 10-03-88TOWN OF LOS GATOS CALIFORNIA TOWN COUNCIL/PARKING AUTHORITY AGENDA OCTOBER 3, 1988 TOWN COUNCIL The Town Council/Parking Authority met in the Council Chambers of the Town Hall at 7:35 p.m., in regular session. ROLL CALL PRESENT: Joanne Benjamin, Thomas J. Ferrito, Robert L. Hamilton, Brent N. Ventura and Mayor Eric D. Carlson. ABSENT: None PLEDGE OF ALLEGIANCE Given by all in attendance. PRESENTATIONS RANDY ATTAWAY & MICHAEL ABKIN Mayor Carlson presented Michael Abkin with a Resolution of Commendation for his service on the Community Services Commission since September 1984. Mayor Carlson also presented Randy Attaway with a Resolution of Commendation for his service on the Community Services Commission since January 1984. PRESENTATION DAVID DEARDORF Mayor Carlson presented David Deardorf, member of Troop 564, with a Resolution of Commendation for achieving the rank of Eagle Scout. For his Eagle Scout project he participated in the construction of a sign for the Village House Restaurant and Garden Shop on Village Lane in Los Gatos (the sign identify the buildings from the downtown parking area) and the rest of the building was cleaned and landscaped. PRESENTATION SAFETY SITUATION AWARD Robert Alcala, on behalf of the American Auto Association and the State Auto Association, presented the Town with the Pedestrian Safety Situation Award. Mayor Carlson and Chief Todd accepted the award on behalf of the Town. This is the third straight year the Town received the award. CLOSED SESSION REPORT Mary Jo Levinger, Town Attorney, reported pursuant to Government Code Section 54956.8, discussion was held on the acquisition of real property. The properties and property owners were announced and noted in the September 19, 1988 Council minutes. There was no report from that discussion. Pursuant to Government Code Section 54956.9(a), discussion was held on pending litigation of Mary Jo Trusso v. Town, Santa Clara County Superior Court No. 626041. There was no report from that discussion. Pursuant to Government Code Section 54956.9(c), discussion was held on the institution of litigation regarding the HVAC system and Honeywell and there was no report from that discussion. Personnel matter was discussed. The discussion was not completed and Council will meet at the end of this evenings Council meeting. BID AWARD CONTRACTUAL CUSTODIAL SERVICES Michael LaRocca, Maintenance Supervisor, answered Council's questions regarding the current use of custodial services; number of years the Town has used services; and what was included in the service. Four bids were received ranging from $1,545.00 to $10,668.00. Mrs. Benjamin moved to award the bid for contractual maintenance services to the low bidder, Pioneer Building Maintenance Company with the net bid of $1,545.00 per month. Mr. Ventura seconded. Carried unanimously. SCHEDULE OF PUBLIC HEARINGS Council informational report regarding upcoming public hearings. COUNTY REFERRALS Mrs. Benjamin moved to accept the County Referrals as follows: 3751-27-43-88B Brush Rd.Bumgarner Single building site. No comment. 3752-27-42-88LA Madrone Dr.Otermat Lot line adjustment. No comment. Mr. Hamilton seconded. Carried unanimously. PLANNING COMM. PLAN DEPT. MONTHLY REPORT Council informational report. COUNCIL CALENDAR OF MEETINGS Council informational report. PAYROLL SEPT. 23, 1988 Mrs. Benjamin moved to accept the payroll for September 23, 1988, in the amount of $179,074.60 and payroll related warrants in the amount of $253,313.57. Mr. Hamilton seconded. Carried unanimously. NOTICE OF COMPLETION PROJECT 8718 Mrs. Benjamin moved to authorize the Mayor to execute and the Town Clerk to record a Notice of Completion and Certificate of Acceptance for Project 8718, Recreation District Parking Lot. Mr. Hamilton seconded. Carried unanimously. KEEP CLEAR ZONE L.G. BLVD/KENNEDY RD. & LOMA ALTA Council informational report. PARKING RESTRICTIONS HERSHNER DR. STOP 'N GO Council informational report. PLANNING COMM.CHAIR & VICE-CHAIR Council informational report regarding the appointment of Susan Grimes as Planning Commission Chair and Kathryn Morgan as Vice-Chair. RESTRIPING POLLARD RD. Mrs. Benjamin moved to continue this item to the November 7, 1988 Council meeting. Mr. Hamilton seconded. Carried unanimously. WAIVER OF CERT. COMPLIANCE FEES 14891 BLOSSOM HILL ROAD (BONESSA) Mrs. Benjamin moved to continue this item to the November 7, 1988 Council meeting. Mr. Hamilton seconded. Carried unanimously. SANTA CLARA CO. OFFICE EMERGENCY SERVICES DISASTER PREPAREDNESS Mrs. Benjamin moved for the adoption of Resolution No. 1988-186 entitled, RESOLUTION APPROVING THE AGREEMENT WITH COUNTY OF SANTA CLARA OFFICE OF EMERGENCY MANAGEMENT AND DISASTER PREPAREDNESS ASSISTANCE. Mr. Hamilton seconded. Carried unanimously. RISK MANAGEMENT POLICY Mrs. Benjamin moved for the adoption of Resolution No. 1988-873 entitled, RESOLUTION OF THE TOWN OF LOS GATOS ADOPTING A RISK MANAGEMENT POLICY. Mr. Hamilton seconded. Carried unanimously. APPEAL 246 & 248 UNIVERSITY AVE. Mrs. Benjamin moved for the adoption of Resolution No. 1988-188 entitled, RESOLUTION REMANDING TO PLANNING COMMISSION THE APPEAL OF PLANNING COMMISSION APPROVAL OF TWO-LOT SUBDIVISION AND OF PLANS TO CONSTRUCT TWO SINGLE FAMILY RESIDENCES ON PROPERTY IN THE R-1D-LHP ZONE (246 & 248 UNIVERSITY AVENUE - T- MAC II). Mr. Hamilton seconded. Carried unanimously. FEDERAL SURPLUS PROPERTY Mrs. Benjamin moved for the adoption of resolution No. 1988-189 entitled, A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AMENDING RESOLUTION 1982-109 AND AUTHORIZING THE TOWN MANAGER AND/OR AUTHORIZED REPRESENTATIVE(S) TO ACQUIRE FEDERAL SURPLUS PROPERTY. Mr. Hamilton seconded. Carried unanimously. INVESTMENT OF MONIES INTO Mrs. Benjamin moved for the adoption of Resolution No. 1988-190 entitled, RESOLUTION AUTHORIZING INVESTMENT OF PARKING AUTHORITY OF THE TOWN OF LOS GATOS MONIES IN LOCAL AGENCY INVESTMENT FUND. Mr. Hamilton seconded. Carried by a vote of three ayes. Mr. Hamilton and Mr. Ferrito abstained. AMEND ZONE ORD. CONCERNING FLOOD HAZARD REGULATIONS Mrs. Benjamin moved for the adoption of Ordinance 1763 entitled, AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONING ORDINANCE AND THE TOWN CODE CONCERNING FLOOD HAZARD REGULATIONS AND REPEALING ORDINANCE 1761. Mr. Hamilton seconded. Carried unanimously. APPEAL 16845 HICKS RD. (LOS GATOS CHRISTIAN CHURCH) Mayor Carlson stated this was the time and place duly noted for public hearing to consider the appeal of Planning Commission's denial of request for approval of plans to restripe and revise an existing parking lot in the HR-2 1/2 Zone, Architecture and Site Application S-73-114G. Property located at 16845 Hicks Road. Property owner, Los Gatos christian Church. Bruce Williams, stated the traffic study and recommendations did not resolve all the concerns of the neighbors and church. He feels the application requires further modification and asked the Council to remand the application back to the DRC so a solution can be achieved. Mike Burke, 16769 Hicks Road, has problems with the illegal parking and traffic flow by the church members. Hazel Burke, 16767 Hicks Road, feels the church has had 15 years to work out the problems regarding traffic. Church members going the wrong way on a one-way road. A stop sign has been placed facing the wrong way on the one-way road and requests a tire trap to eliminate the wrong way traffic. The one-way road has been chained off during the week but is open on weekends. Residents have been run off the road by church members and asked for the appeal to be denied. Mr. Williams would not object to granting the appeal with respect to the circulation and parking problems and not grant the increased parking. No one else from the audience wished to speak on this issue. Mr. Ventura moved to close the public hearing. Mrs. Benjamin seconded. Carried unanimously. It was the consensus of Council that the DRC be scheduled so both the applicant and residents can attend. Church to fix the stop sign that is facing the wrong way and street to be unchained only for sunday services. Mr. Ventura moved to grant the appeal based on the request of the applicant to consider further improvements to the traffic and illegal parking situation and constrain the DRC to dealing with the traffic and use of the parking area that was found illegal that would be consistent with the prior approval. Keep the chain on the street six days a week for limited access. Mr. Hamilton seconded. The motion died for lack of a second. Mr. Ferrito moved to deny the appeal as to parking but remand the issue of traffic circulation to the DRC on the basis of Mr. Williams comments. Mr. Ventura seconded. Carried unanimously. APPEAL 15 1/2 N. SANTA CRUZ AVENUE (FARWELL) Mayor Carlson stated this was the time and place duly noted for continued public hearing to consider the appeal of Planning Commission's denial of request for modification to a condition of approval relating to the sale of alcoholic beverages granted as part of a previous permit for the operation of a restaurant in the C-2 Zone. Property located at 15 1/2 N. Santa Cruz Avenue. Owner, Louis B. & James B. Farwell. Applicant, Simmex Restaurant, Inc. (Chevy's Mexican Restaurant). This hearing has been continued from August 1, and September 19, 1988. Deborah Swartfager, Town Manager, stated that Alternate B resolution, on page 1, number 3, delete the wording "and Town Council hereby further finds that the restaurant intends to operate a food counter for serving sushi and that alcoholic beverages will only be served in connection with a meal." James Farwell, property owner said, he had talked to staff and would prefer Alternate B. Mayor Carlson stated he had talked to the owner of Pacific Rim Restaurant and Alternate B is fine with her. Mr. Ferrito feels the staff report of September 19, argues against Alternate B. The Town Manager stated the original report was for a separate bar. Alternate B is allowing liquor with food at the service bar and the original request would have allowed liquor as a separate bar. No one else from the audience wished to speak on this issue. Mr. Ventura moved to close the public hearing. Mrs. Benjamin seconded. Carried unanimously. Mr. Ventura moved for the adoption of Resolution No. 1988-191 entitled, RESOLUTION DENY APPEAL OF PLANNING COMMISSION DECISION DENYING REQUEST FOR MODIFICATION TO A CONDITION OF APPROVAL RELATING TO THE SALE OF ALCOHOL BEVERAGES GRANTED AS PART OF A PREVIOUS PERMIT FOR THE OPERATION OF A RESTAURANT IN THE C-2 ZONE (15 1/2 NORTH SANTA CRUZ AVENUE - LOUISE B. & JAMES P. FARWELL) as amended. Mr. Hamilton seconded. Carried unanimously. MINUTES SEPTEMBER 6, 1988 Mr. Ventura corrected page 5, Verbal Communications, to add, "purchase of the property are a matter of public record and on file in Santa Clara County Superior Court. The documents permitting the sale were reviewed by the Court, and no objection to the sale being filed, the sale was approved under provisions of the Probate Code. The town Manager and Town Attorney confirmed that I did not have access to any documents not available to the general public. The Town has been repaid in full all sums due it. The Town Attorney indicated in her opinion my participation did not constitute a conflict of interest under the Political Reform Act or Fair Political Practices Commission guidelines. Kathryn Morgan, 142 Wheeler Avenue, questioned Mr. Jensen's motives and supported Mr. Ventura." Mrs. Benjamin moved the minutes of September 6, 1988 be approved as corrected. Mr. Ferrito seconded. Carried unanimously. Mr. Jensen to be sent a copy of the corrected minutes. MINUTES SEPTEMBER 12, 1988 Mr. Ventura corrected page 5, Route 85 Bicycle Corridor Plan, to read,"... more direct connection form Bascom Avenue to Winchester Boulevard connecting with Los Gatos Creek Trail other than draft plan. Should try to find a more direct route paralleling freeway from Bascom to Winchester without using Lark Avenue." Mr. Ferrito moved the minutes of September 12, 1988 be approved as corrected. Mrs. Benjamin seconded. Carried unanimously. MINUTES SEPTEMBER 19, 1988 Mrs. Benjamin corrected page 6, Sculpture Space Dance for Peace & the policy for Public Art, to read, "as to the approved procedure." Delete". with the committees.."Mayor Carlson corrected page 6, Sculpture Space Dance for Peace & the policy for Public Art, to read, "Ann Lamborn wondered why the Arts Coordinator was not the Chairperson and felt very strongly the Arts coordinator should be on the committee." Mr. Ventura corrected page 7, Appeal, 246 & 248 University Avenue, delete" feels this is a sensitive subject and inappropriate at this time to discuss it." Add, ".. stated lots in the neighborhood average about 5,000 square feet which could allow two lots here. Staff should look carefully at design to avoid mistakes made in other neo-Victorian projects in the downtown area." Mrs. Benjamin moved the minutes of September 19,1988 be approved as revised. Mr. Ferrito seconded. Carried unanimously. TREASURER'S REPORT AUGUST, 1988 Mayor Carlson stated Council had received the treasurer's Report for August, 1988. TOWN ATTORNEY STATUS ON CODE ENFORCEMENT Council informational report. ORDINANCE RE CURFEW LAW Mr. Ferrito moved to waive the reading for AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING SECTIONS 17-3, 17-4 AND 17-5 OF THE TOWN CODE TO ADD AN EXCEPTION TO THE EXISTING CURFEW LAW FOR MINORS RETURNING DIRECTLY HOME FROM EVENING ACTIVITIES. Mrs. Benjamin seconded. Carried unanimously. Sr. Deputy Clerk read title of the ordinance. Mr. Ferrito moved to introduce the ordinance. Mrs. Benjamin seconded. Carried unanimously. ORDINANCE RE ACCESSIBILITY OF GARBAGE RECEPTACLES Mrs. Benjamin moved to waive the reading for AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING SECTION 14-8 OF ARTICLE I OF CHAPTER 14 OF THE TOWN CODE TO ADD AN EXCEPTION. Mr. Ventura seconded. Carried unanimously. Sr. Deputy Clerk read title of the ordinance. Mrs. Benjamin moved to introduce the ordinance. Mr. Ventura seconded. Carried unanimously. ORDINANCE COMPLYING WITH FEDERAL REGULATIONS OF CABLE TELEVISION Mr. Ferrito would like to discuss the proposed ordinance regarding the amendment of Chapter 9 of the Town Code to update and comply with Federal regulations of cable television with the Town Attorney. Mr. Ferrito moved to continue this to the November 7, 1988 Council meeting. Mrs. Benjamin seconded. Carried unanimously. Mr. Hamilton would like to make sure the Cable Communications Act of 1984 does mandate a change in this or future franchise agreements. ORDINANCE TOWN PAID DISABILITY INS. TO TOWN RETIREMENT PLAN MEMBERS Mrs. Benjamin moved to waive the reading FOR AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING CHAPTER 21 OF THE TOWN CODE ELIMINATING TOWN PAID DISABILITY INSURANCE TO MEMBERS OF TOWN RETIREMENT PLAN. Mr. Ferrito seconded. Carried unanimously. Sr. Deputy Clerk read title of the ordinance. Mrs.Benjamin moved to introduce the ordinance. Mr. Hamilton seconded. Carried unanimously. STOP SIGNS SHANNON, LANSBERRY & SHADY VIEW LN. Paul (inaudible), 16426 Peacock Way, spoke of the increased traffic on Shannon Road. Mayor Carlson suggest the residents write to Supervisor Wilson. Mayor Carlson to write another letter to Supervisor Wilson and copies sent to all the supervisors. CODE COMPLIANCE OFFICER QUARTERLY REPORT Mr. Ferrito would like a complete report on 627 University Avenue, on when things happen, nd what was being promised. He asked why it took four months to submit to get an Architecture and Site application submitted by Lunardi's Market, 720 Blossom Hill Road and is it reasonable. Don Ross, Assistant Planner, stated they had not given the applicant an earlier timeline. HILOW ROAD ACCESS RESTRICTIONS Mrs. Benjamin added Longmeadow, Blueberry Hill Road, Clover Wy, Twin Oaks, Via Santa Maria, Pinta Court, and La Chiquita to the notification for public hearing regarding Hilow Road access restriction. After completing items 31 through 42, Mr. Ventura moved to reconsider this item. Mayor Carlson seconded. Carried unanimously. Judy Ardizonne, 16414 Hilow Road, requested clarification on what streets were added. Mayor Carlson red the list of streets and explained that Council would rather over notify than have someone come back and want to know why they were not notified. They have the right to be notified because of a possible fire access. FEE REFUND 103 CRIDER CT. (STREAM) Mr. Ferrito asked about the new policy regarding fee refunds established by Council on September 6, 1988. If there is a new policy Council should reconsider the policy and he would like to see the policy articulated. The Town Manager responded, they viewed the action of Council as a new policy would, and in the future will bring back the actions to be consistent. The applicant can pay it all at once or pay 60 percent and then 40 percent in the existing policy. If they pay all of the fee then want out of the process after the first step they would not be refunded the second part of their application fee. Mrs. Benjamin moved to refund $760.00 of the $19,800.00 paid for an Architecture and site Application for construction of a single family residence in the HR-1 Zone; and convey to staff that the 60/40 split is actually there and if someone pays upfront and only does the 60 percent that the 40 percent will be returned automatically. Mr. Hamilton seconded. Carried by a vote of four ayes. Mr. Ferrito voted no. ANDRE COURT TRAFFIC MEDIAN Mr. Hamilton feels this is misspending money; singles out one intersection; and is building monuments because of commuter traffic. Mrs. Benjamin stated this is necessary for safety reasons because left turns onto Los Gatos Boulevard is a hazard. Mrs. Benjamin moved to continue to see some type of restriction and authorize staff to process a change order to Los Gatos Boulevard Project 8608 in the amount of $5,186.00 in order to construct the median at Andre Court. Mr. Ferrito seconded. Carried by a vote of four ayes. Mr. Hamilton voted no. KEEP CLEAR ZONE LARK AVE. & ARROYO GRANDE Mr. Hamilton and Mrs. Benjamin are in favor of the Keep Clear Zone because they feel it would allow better flow of traffic and may reduce traffic accidents. Mrs. Benjamin moved to approve the request for a "Keep Clear Zone" on the eastbound lanes of Lark Avenue at Arroyo Grande Way. Mr. Hamilton seconded. Ron Zapf, Chief Engineer, stated this is high volume and higher speed area and there would be an increase in accidents if a Keep Clear Zone was installed. Chief Todd also feels there would be a higher accident rate if this was put in and the Keep Clear sign is unenforcable. There was discussion on installing an acceleration lane. Mrs. Benjamin withdrew her motion. Mrs. Benjamin moved to deny the request because of the safety hazard and the information provided by the Town Engineer and Police Chief. Mr. Ferrito seconded. Carried unanimously. Staff to contact Mr. Max Kern and explain the reason for denying the Keep Clear Zone. PROJECT 8608 IMPROVEMENTS TO MAGNESON LOOP Mr. Ferrito moved to authorize staff to negotiate a change order to Los Gatos Boulevard Project 8608 in an amount not to exceed $2,476.00 in order to construct a missing segment of sidewalk and two handicap ramps on Magneson Loop at Los Gatos Boulevard; authorize staff to survey the effected local neighborhood about the construction of a traffic median island at Magneson Loop and Shannon; and authorize the staff to request funding participation from the County should design of the traffic island, as a result of the survey, encroach upon the County jurisdiction. Mrs. Benjamin seconded. Carried unanimously. SEWER DISTRICT HILLSIDE SURCHARGE Mr. Ferrito moved to continue this to the January 16, 1988 Council meeting. Mrs. Benjamin seconded. Carried unanimously. PROJECT 8706 ALPINE STORM DRAIN Mr. Hamilton asked the owner if he would make this a parking lot. Mr. Thomas Castro, property owner, would prefer to keep the house because it would generate income. Removing the house would only create three parking spaces. Mrs. Benjamin moved to authorize the Town Manager to sign the cost sharing agreement; and adopt Resolution No. 1988-192 entitled, RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS APPROVING PLANS AND SPECIFICATIONS FOR PROJECT 8706 - ALPINE STORM DRAIN. Mr. Hamilton seconded. Carried unanimously. MARIA'S BERRY FARM RELOCATION COMMITTEE Mrs. Benjamin moved to appoint Mr. Ventura as representative to serve on the Maria's Berry Farm Relocation Committee. Mayor Carlson seconded. Carried unanimously. PARKING ASSESSMENT DISTRICT CONSULTANT SERVICES Mrs. Benjamin moved to authorize staff to solicit consultant proposals in conjunction with the installation of parking control devices design and construction contract services for Lot No. 3, Lot No. 4, and Lot No. 9, and for project management. The Parking Commissions to be involved in the selection and making the recommendations to the Council. Mayor Carlson seconded. Carried by a vote of three ayes. Mr. Ferrito and Mr. Hamilton abstained. DOWNTOWN PARKING ASSESSMENT DIST. CASH PAYMENT PERIOD Mr.Ventura moved for the adoption of Resolution No. 1988-193 entitled, A RESOLUTION REOPENING CASH PAYMENT PERIOD AND DIRECTING ACTIONS WITH RESPECT THERETO TOWN OF LOS GATOS DOWNTOWN PARKING ASSESSMENT DISTRICT. Mrs. Benjamin seconded. Carried by a vote of three ayes. Mr. Ferrito and Mr. Hamilton abstained. PROJECT 8707 MAIN ST/PLEASANT AVE/JACKSON ST. Mrs. Benjamin moved to authorize the issuance of a request for proposals from consultants to analyze the traffic and roadway issues on East Main Street and Pleasant Avenue/Jackson Street to Los Gatos Boulevard at Loma Alta. Mayor Carlson seconded. Carried unanimously. TOWN CODE ORDINANCE TO CHANGE TERM OF STUDENT PARK COMMISSIONERS Mrs. Benjamin moved to waive the reading for AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING SECTION 2-29 OF ARTICLE IV OF CHAPTER 2 OF THE TOWN CODE TO CHANGE THE TERM OF OFFICE FOR STUDENT PARK COMMISSIONERS. Mr. Ferrito seconded. Carried unanimously. Commissioners to be notified that their attendance will be a criteria for receiving a commendation. PROPOSITIONS 100 AND 85 Mr. Ferrito recommended Council support Propositions 100, one of the insurance initiatives, it is support by the League of California Cities and would reduce city liability for insurance costs. Support Proposition 85 because it may assist the Town in the funding of the library construction. It is not the usual Town policy to support any of the proposition. Dick Winniger, 19 E. Main Street, an insurance broker, doesn't find any of the propositions to be particularly good and is against Proposition 100. Mrs.Benjamin does not feel she has enough information to support any of the insurance propositions. Mayor Carlson would support 100 if it only dealt with the Town liability and the unwritten policy has been consider only those initiative on the ballot that would directly affect the Town. Mr. Hamilton does not feel the Town should support any of the State initiatives. Mr. Ventura moved to support Proposition 85 because it would help the Town with the library expansion. Mr. Ferrito seconded. Carried unanimously. Mr. Ferrito moved to support Proposition 100. Mr. Ventura seconded. Mayor Carlson opposes because it doesn't directly deal with the Town but a broad base of issues which individuals should make their own minds up on and Council support could be mistaken as supporting the whole proposition. Mrs. Benjamin agrees with Mayor Carlson and added she is not well versed on all the insurance proposition to make a commitment. Mr. Ventura withdrew his second. Motion died. ADJOURNED Mr. Hamilton moved to adjourn the meeting at 9:35 p.m. October 3, 1988, to a Closed Session for the discussion of Personnel issue. Mayor Carlson seconded. Carried unanimously. ATTEST: Rebecca L. Yates Sr. Deputy Clerk