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M 03-07-83TOWN OF LOS GATOS CALIFORNIA TOWN COUNCIL/PARKING AUTHORITY AGENDA MARCH 7, 1983 TOWN COUNCIL The Town Council of the Town of Los Gatos met in the Council Chambers of the Town Hall at 7:35 p.m., in regular session. ROLL CALL PRESENT:Terrence J. Daily, Thomas J. Ferrito, MarLyn J. Rasmussen and Mayor Brent N. Ventura. ABSENT:Joanne Benjamin PLEDGE OF ALLEGIANCE Given by all in attendance. INTERVIEWS & APPOINTMENTS TO SISTER CITY COMMITTEE Applicants for the Sister City Program were John Thomsen and Lazaro Garza. Council interviewed Mr. Thomsen. Mr. Garza was not present. After the interview was held, the Town Manager stated there are four active members on the committee at present and the Town Resolution provides for a total of seven members. After some discussion, Mr. Ferrito moved for the appointment of Mr. Thomsen and Mr. Garza to said committee. Mayor Ventura seconded. Carried unanimously. INTERVIEW OF LOBBYIST Mayor Ventura stated next on agenda would be interviews of persons interested in representing the Town regarding the Prison issue in Sacramento. Council then interviewed Dennis Valentine of Valentine, Inc. and Ralph Ochoa of Ochoa, Barbosa and Sillas. They each spoke on their resumes that had been presented to Council. Mayor Ventura thanked Mr. Valentine and Mr. Ochoa for their presentations and stated no decision would be made until Council has received results of report from the Little Hoover Commission. CLOSED SESSION REPORT Mayor Ventura stated the following issues were discussed during the closed session held prior to the Council meeting: Potential litigation, personnel matter and labor relations item. TRUCK PROHIBITION SIGNS-TAIT AVENUE The Town Manager stated staff had looked at the Tait Avenue situation and feels the installation of signs is unwarranted and recommends signs not be installed. After further discussion, it was decided this issue would be held and see what happens after the Town proceeds with widening of Saratoga and see if problem still exists after that. Mr. Ferrito stated there is no need for signs, to cite trucks in this area. It was decided this would be brought back as part of discussion on diverter project. Police directed to report to Council as to number of trucks that are being cited for not being in designated corridors. PEDESTRIAN SAFETY-N. SANTA CRUZ AVE. The Town Manager reported on the review of accident record regarding pedestrian accidents in the downtown area, stating staff recommends no installation of signs in crosswalks, or painting of crosswalks and feels special Police enforcement is helping. After further discussion, Mr. Daily moved this issue come back to Council at the same time truck signs on Tait Avenue, with request that staff furnish Council with data as to number of citations Police have issued to violators. Mrs. Rasmussen seconded with amendment to motion to include increased Police patrol. Mr. Daily accepted amendment. Mayor Ventura registered his opposition. Mayor Ventura stated he is in support of information being requested but feels we should place signs along the entrance to the CBD area, to reinforce the point. Motion failed by 2 ayes, Mr. Ferrito and Mayor Ventura voting no. Mrs. Benjamin was absent. Mayor Ventura then moved for installation of signs in crosswalks, as proposed. Motion dies for lack of second. Mr. Ferrito stated he would like staff report from the Police Department regarding manpower distribution for additional patrol of the downtown area. After further discussion Mr. Daily restated his motion as follows: "move to continue this item and it be discussed at the same time as the diverter project and request staff to supply information regarding number of citations given in this interim period and which of the particular crosswalks the citations occur and request the continuance of enforcement". Mr. Ferrito requested amendment to motion asking Police Department for report as to how the special enforcement list is being monitored. Mr. Daily accepted said amendment Mrs. Rasmussen seconded the motion. Carried by a vote of three ayes. Mayor Ventura voting no. TOWN ANNEXATION POLICIES Information for Council. Discussion was held as to policy of the Town regarding unincorporated areas. WRITTEN COMMUNICATIONS (referral/file) 1. Letter from Intergovernmental Council with copy of model ordinance regarding Hazardous Materials Ordinance. 2. Letter from Santa Clara Valley Water District regarding their concerns on the Hazardous Materials Ordinance. Mr. Ferrito moved to refer the proposal model ordinance and letter of concern to staff for report at the meeting of March 21, 1983. Mrs Rasmussen seconded. Carried unanimously. SALE OF BERRY SCHOOL Mr. Ferrito moved to accept staff recommendation and refer the formal notifications to the Community Services and Development Commission and instruct staff to develop a report detailing alternatives for consideration at the Council meeting of April 4, 1983. Mrs. Rasmussen seconded. Carried unanimously. CHAIRPERSONS OF COMMUNITY SERVICES AND DEVELOPMENT COMMISSION The Community Services Commission informed Council of their election stating the new Chairman is Catherine Smith and Vice-Chairman is Russell Louthian. APPEAL-D. RUBIO Mr. Ferrito moved to accept staff recommendations and withdraw this item from the agenda and be brought back at the meeting of March 21, 1983. Mrs. Rasmussen seconded. Carried unanimously. COUNTY REFERRALS Mr. Ferrito moved to accept staff recommendation on the following County Referrals: 1844-31-44-83B Soda Springs Rd. Pereira Single family dwelling No. comment 1940-34-50-83G Deer Park Court Starrett Grading permit for tennis court and swimming pool Direct staff to recommend to County that they direct the applicant to revise the plans to minimize the grading and that no grading begging until at least April 1, 1983. 1837-31-52-83V La Chiquita Ave Maccarone Variance The Council should change its recommendation that the Variance application be "denied" and change to "no comment". Mrs. Rasmussen seconded. Carried unanimously. Mayor Ventura asked Planning for information (at a later date) as to total possible build out in area of Soda Springs Rd. SCHEDULE OF PUBLIC HEARINGS Council information FILING FEE REFUND REQUEST (ROUSE) Lee Bowman, Planning Director, explained the situation, stating no application was processed and no significant costs were incurred. Mr. Ferrito moved Council accept staff report and authorize the full fee refund in the amount of $450.00. Mrs. Rasmussen seconded. Carried unanimously. FILING FEE REFUND REQUEST NORDAHL HALL Lee Bowman, Planning Director, stated the Development Review Committee had reviewed this project and significant costs were incurred. Mr. Ferrito moved Council accept staff report and deny the request for the refund. Mrs. Rasmussen seconded. Carried unanimously. CERTIFICATES OF ACCEPTANCE AND NOTICES OF COMPLETION Mr. Ferrito moved Council accept staff recommendation and accept the Certificates of Acceptance and Notices of Completion on the following: Bus Depot, Phase 1-Project 275, (Space-co) Bus Depot, Phase 11 - Project 275, (William Blomquist,Inc.) Tract 6737, Oak Meadow Drive )Cole-Reed), and Mayor be authorized to execute said notices on behalf of the Town. Mrs. Rasmussen seconded. Carried unanimously. STREET RESURFACING PROJECT 267-SS Jim Van Houten, Director of Public Works, stated these were cooperative agreements with the City of San Jose, and County of Santa Clara for resurfacing of various streets including parts of Union Avenuse, Blossom Hill Road and Los Gatos-Almaden Road, which are partly in San Jose and partly in the unincorporated area of the County. Mr Ferrito moved Council accept staff recommendation and adopt Resolution No. 1983-42 entitled, RESOLUTION APPROVING THE STREET RESURFACING AGREEMENT WITH THE CITY OF SAN JOSE and Resolution No. 1983-43, entitled, RESOLUTION APPROVING THE STREET RESURFACING AGREEMENT WITH THE COUNTY OF SANTA CLARA, and Mayor be authorized to sign agreements on behalf of the Town. Mrs. Rasmussen seconded. Carried unanimously. MINUTES Mayor Ventura requested the Town Clerk review the tape and correct the minutes of February 22, 1983, accordingly. Approval of minutes continued to meeting of March 21, 1983. WRITTEN COMMUNICATIONS (FOR ACTION) 1. Letter from City of Vista regarding Federal Initiative to combine General Revenue Sharing and Community Development Block Grand Funds. Mr. Ferrito moved Council accept staff recommendation and nor support the proposed amendment to the CBDG program. Mrs. Rasmussen seconded. Carried unanimously. 2. Letter from Jim Lewis requesting Council to establish a five member. Appeal Board to grant exceptions to the Handicapped access regulations. It was noted by staff that the Town Council already acts as an Appeals Board and policy has been established. After further discussion, Mr. Ferrito moved this be continued until Council receives staff report back on rules. Mr. Daily seconded. Carried unanimously. 3. Letter from Randal Reedy regarding C.B. Hannegan's appeal which was heard on December 6, 1982, stating he feels that Resolution No. 1983-8 adopted by the Council on January 3, 1983, needs some clarification. Mr Reedy feels items 4c of said adopted Resolution should not have been included and requests removal of same. (New Resolution rescinding Resolution 1983-8, is before Council tonight). Mr. Ferrito moved for adoption of Resolution No. 1983-44 entitled, RESOLUTION CONTINUING APPEAL WITH INTERIM CONDITIONS (208 Bachman Avenue-C.B. Hannegan's). This eliminates item 4c and rescinds Resolution No. 1983-8. Also included in this motion is that letter be sent to Mr. Reedy advising him that Council has authority to modify, grant or deny conditions put forth by the Planning Commission. Mayor Ventura seconded if maker of motion would agree to have staff to provide Council with report of Hannegan's compliance with conditions that are in effect. Mr. Ferrito agreed. Carried unanimously. FEBRUARY PAYROLL Mr. DaILY MOVED PAYROLL FOR fEBRUARY, 1983, IN THE AMOUNT OF $206,096.48, BE APPROVED. mAYOR vENTURA SECONDED, Carried unanimously. TREASURER'S REPORT-jANUARY, 1983 Mayor Ventura moved Council accept Treasurer's report for the month of January, 1983, and with Council's authorization he will write Treasurer thanking him for the inventory depositor report and ask that he add account numbers and the rate of interest. Mr. Daily seconded. Carried unanimously. WEED ABATEMENT Mayor Ventura stated this was the time and place duly published for public hearing to consider any objections to the proposed destruction or removal of weeds. No one in the audience wished to speak on this issue and no written objections had been received. Mrs. Rasmussen moved hearing be closed. Mr. Daily seconded. Carried unanimously. Mr. Ferrito moved for adoption of Resolution No. 1983-45 entitled, A RESOLUTION OVERRULING OBJECTIONS AND ORDERING ABATEMENT OF WEEDS AS A PUBLIC NUISANCE. Mrs. Rasmussen seconded. Carried unanimously. APPEAL - HANDICAPPED ACCESS IDAMINA'S Mayor Ventura stated this was the time and place duly published for public hearing to consider an appeal of handicapped access requirements imposed by the Building Official. Mrs. Fowler, owner of Idaminas's spoke on appeal and requested Council to grant the appeal due to unreasonable hardship. Greg Fowler, contractor, reported on additional cost for this requirement. Jim Lewis, from audience, stated he did feel this requirement would be a hardship. After further discussion and no one else in the audience wished to speak on this issue, Mr. Ferrito moved hearing be closed. Mrs. Rasmussen seconded. Carried unanimously. Mr. Ferrito moved appeal be granted with findings that compliance with the decision of the Building Official creates an unreasonable hardship, with one additional finding regarding requirement doubling the cost of said project. Mrs. Rasmussen seconded, Mr. Ferrito then added a condition that grab bars be installed. Mrs. Rasmussen withdrew her second. Mr. Daily seconded. Carried unanimously. Mrs. Rasmussen stated she voted yes on the appeal. The Town Attorney to draft necessary resolution stating findings for council consideration at the next meeting. KING'S COURT HANDICAPPED ACCESS APPEAL Mayor Ventura stated this was the time and place duly published for public hearing to consider an appeal of handicapped access requirements imposed by the Building Official. Mr. Mehus, owner of the project, spoke on hardship as he is not remodeling the interior of the buildings, only the exterior. Jim Lewis spoke on the lack of curb ramps, telephones, kick plates on doors for use by handicapped. The Building Official, Archie Watson, informed Council of handicapped access restrooms in various units in said shopping center. No one else wished to speak on this issue. Mr. Daily moved hearing be closed. Mrs. Rasmussen seconded. Carried unanimously. Mrs. Rasmussen moved appeal be granted with findings that compliance with the decision of the Building Official creates an unreasonable hardship but include modifications as follows: Install grab bars in bathrooms, curb ramps be checked for right elevation; pursue putting in telephones for use of handicapped and of smaller children. Motion dies for lack of second. Mayor Ventura moved to grant the appeal as requirements of Building Official creates an unreasonable hardship subject to other alterations: that curb ramps be checked to make sure they meet specifications of title 24; modify the doors to include the 10 inch kickplate, 8 1/2 lb pull and lever U shaped handle: include grab bars in bathrooms except bathrooms on the second floor. Mr. Ferrito seconded. Discussion was held on telephones. Mayor Ventura accepted the suggestion to require the installation of telephones for use of handicapped persons and smaller children. Mr. Ferrito also accepted amendment regarding telephones. Carried unanimously. APPEAL-UNION LITTLE LEAGUE PARKING LOT Mayor Ventura stated this was the time and place duly published for public hearing to consider an appeal of Planning Commission decision denying Conditional Use Permit Application U-82-30, Architecture and Site Application S-83-42 and Variance Application V-83-2 for construction of temporary parking lot within PG&E right-of-way and modifying various development standards for location and construction of parking lots in R-1:8,000 zone, Kensington Drive (Union Little League). Mr. Hamilton, 368 Bella Vista Avenue, appellant of the project spoke on the issue and commented on Planning Commissions minutes and feels Council should give some direction to support activities. Marshall Ballentine, 165 Anne Way, spoke on the issue and urged Council to deny the appeal. Mr. Ballentine then referred to his letter dated March 1, 1983. Mr Ferrito moved Clerk be directed to include the text of Mr. Ballentine's letter into the minutes. Mayor Ventura stated this would be done by consensus. Members of the Town Council Town of Los Gatos Honorable Council Members: Attached are copies of petitions signed by approximately 150 concerned East Los Gatos residents living in the immediate vicinity of Howes School located on Kensington Way. The petition states opposition to a proposed 84 car parking lot in the P.G.&E. right-of-way south of school. Local residents are not opposed to Little League (in fact, many petitioners are active supporters and/or participants in Little League) but to the significant traffic impaction which the development of a major Little League facility at Howes would, in our opinion, create. Traffic has already increased due to the leasing of Howes school to a private school following its closure by Union School District. The Planning Commission heard our concerns and received the attached petitions. They voted 7-2 to deny the application for the parking lot. That decision has been appealed, interestingly, by an individual not even associated with Union Little League. Little League, in fact, was surprised the an appeal was filed and is not a party to the appeal. This was confirmed by a phone conversation I had with Bob Singer, the original applicant. In addition, Little League president Neil Collins is currently in preliminary negotiations with Union School District for development of a different school site. This was confirmed by Union School District Business Manager Mike Filice. The issue therefore is certainly not "kids vs community. There are other alternatives which Little League is currently pursuing. This certainly is not a project for East Los Gatos residents and we trust you will be responsive to our concerns and deny the appeal. Sincerely, /S. Marshall Ballentine John Hulme spoke on said issue. No one else wished to speak on said issue. Mrs. Rasmussen moved public hearing be closed. Mr. Daily seconded. Carried unanimously. Mrs. Rasmussen moved appeal be denied. Mr. Daily seconded. Carried unanimously. The Town Attorney to prepare necessary resolution and present for Council consideration at the next meeting. VERBAL COMMUNICATIONS Dr. Sunseri, 131 Sharon Court, expressed her concerns as to safety of Blossom Hill Road behind her property. She feels the drainage is not adequate. Mrs. Carolyn Bulson, 127 Sharon Court, also spoke on this situation. Mr. Van Houten stated he is aware of the situation and it is being monitored daily and will work on cooperative basis with property owners. Mr. Van Overhouse, 120 Wooded View Drive, spoke on mud slides on roads in his area. He stated this has been going on for 3 years. Presented pictures showing various slides. He asked that something be done, stating he would be willing to share in the cost up to a limit. This is something that keeps reoccurring each year and something permanent needs to be done. Mayor Ventura stated he feels this problem comes from an improper road being allowed to be built back when the tract was first built. After some discussion, Mr. Ferrito moved this be referred to staff for report back to council. Mr. Daily seconded. Carried unanimously. Mr. Van Houten reported to council on work that has been done in the area to date. LEGAL ADVOCACY The Town Attorney referred to his report regarding Town joining in an amicus curiae in cases as noted in League of California Cities report. Discussion was held and Mr. Ferrito moved Council accept staff recommendation and approve the Town's joining as an amicus curiae, on no cost basis, in the following cases: City of Merced v State of California, et al. County of Contra Costa et al. v State of California. Mayor Ventura seconded. Carried unanimously. AMENDMENT TO CHAPTER 14 OF TOWN CODE-GARBAGE DISPOSAL Mr. Ferrito moved for adoption of Ordinance No. 1570 entitled, ORDINANCE AMENDING ARTICLE 1 OF CHAPTER 14 OF THE TOWN CODE TO UPDATE THE REQUIREMENTS ON GARBAGE DISPOSAL. Mrs. Rasmussen seconded. Carried unanimously. VILLA VASONA DISPOSITION AGREEMENT-AMENDMENT The Town Attorney referred to various amendments to disposition agreement between Villa Vasona and Town of Los Gatos. He explained this was as suggested by HUD. Discussion was also held on occupancy preferences. The Town Attorney presented Council with a letter regarding collection of Rents and recommends adoption of said proposal. The Attorney also listed other changes as proposed by HUD. This would also effect the Zoning Ordinance up for adoption and it should be introduced with necessary changes and be scheduled for adoption at the next meeting. Mrs. Rasmussen moved council approve amendments to disposition agreements in concept and amend changes in the Zoning Ordinance. Staff to prepare necessary resolution and corrected agreement for Council consideration at the next meeting. Mayor Ventura seconded. Carried unanimously. POST OFFICE PROPOSAL - MAILBOXES The Town Manager referred to proposal by Los Gatos Post Office regarding neighborhood delivery and collection boxes and asked for Council endorsement of the concept and allow installation of collection boxes with an encroachment. Mayor Ventura moved Council go on record and not endorse the proposal. Mrs. Rasmussen seconded. Discussion was held on the proposal. Mayor Ventura withdrew his motion and stated this should be noted and filed. Council should register its concerns that Council should have more control regarding permits. PASSENGER LOADING ZONE LOS GATOS HOTEL Mrs. Rasmussen moved Council adopt resolution creating a passenger loading zone (2 spaces) on the north side of East Main Street in front of the Los Gatos Hotel, 31 E. Main Street. Motion dies for lack of a second. It was consensus of Council this was no needed. No action taken. REVOCABLE PERMIT FOR USE OF PUBLIC PARKING LOT #3 The Town Engineer, Mr. Van Houten, presented the Council with a revocable permit to Lawrence White, John Lochner, et all, for use of a portion of public property in Parking Lot #3 at the rear of 338 Village Lane. Discussion was held on this request and it was consensus of Council no action be taken due to lack of attendance of applicant and lack of more detailed drawings. VILLA VASONA ZONE CHANGE Mayor Ventura moved for reintroduction of Ordinance with amendments as was discussed under item (Villa Vasona Disposition agreement and zoning ordinance amendments). Ordinance entitled, AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONING ORDINANCE EFFECTING CHANGE N0._____FROM 0 AND RM:5-12 TO R-1:8,000-PD. Mrs Rasmussen seconded. Carried unanimously. AMENDMENT TO ZONING ORDINANCE REPEALING R-1:40 R-1M AND R ZONE Mayor Ventura moved for adoption of Ordinance No. 1571 entitled, ORDINANCE AMENDING THE ZONING ORDINANCE REPEALING THE R 1:40, R-1M AND R ZONES. Mrs. Rasmussen seconded. Carried unanimously. STORM DAMAGE COSTA The Town Manager reported to Council regarding cost due to storm damage and the need for transfer of funds from General Fund Contingency in the amount of $10,200.00 and recommendation that Town apply for federal disaster relief funds. Mrs. Rasmussen moved Council accept staff recommendation authorizing the transfer of $10,200 from General Fund Contingency as follows: Parks-overtime $400.00 Public Works Maintenance 1,100.00 overtime Public Works Maintenance 8,700.00 Contractual services ____________ $ 10,200.00 Adopt Resolution No. 1983-46 entitled, A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER AND THE DIRECTOR OF PUBLIC WORKS TO MAKE APPLICATION FOR DISASTER RELIEF ACT ASSISTANCE. Mayor Ventura seconded. Carried unanimously. GUADALUPE COLLEGE PRISON ISSUE Councilman Ferrito reported on Sacramento meeting he and Mayor Ventura met with Assemblyman Vasconcellos; Mr. Mahan, staff member of the Hoover Commission, representative of Department of Corrections and member of the Youth Authority. Mr. Ferrito stated the meeting had been very informative and Mr. Vasconcellos was very supportive. Mr. Ferrito stated that he and the Mayor had met with Senator McCorquadale on Friday and the Senator stated that his public position is that he is opposed to any prison facility being located in Santa Clara County. Mayor Ventura stated he and Vice-Mayor Rasmussen had met with the Sisters regarding finding a suitable buyer for the property. COUNTY POLICY ON DEVELOPMENT UNINCORPORATED AREAS Mayor Ventura reported County is allowing builders to build office buildings anywhere in the County to provide for additional revenues and wants Town Council to be aware of this. This could effect Los Gatos Boulevard. Also County is no conforming to compliance with the Hillside Plan. Mr. Ferrito moved to authorize Mayor to write letter to Board of Supervisors indicating the Town's opposition to their change in policy in development of unincorporated area. Mrs. Rasmussen seconded. Carried unanimously. Mr. Ferrito moved to authorize Mayor to write letter to Board addressing other issues that concerns Council and the Town. Mayor Ventura seconded. Carried unanimously. SOLAR ENERGY TAX CREDIT PROGRAM Mr. Ferrito moved for adoption of Resolution N0. 1983-47 entitled, A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS RECOGNIZING THE IMPORTANCE OF THE SOLAR ENERGY TAX CREDIT IN CALIFORNIA'S ECONOMIC RECOVERY, AND CALLING FOR THE PRESERVATION AND CONTINUATION OF THE SOLAR ENERGY TAX CREDIT. MAYOR VENTURA SECONDED. Carried unanimously. CABLE TV The Town Manager reported that Monte Sereno is currently negotiating with Hearst Cable and it is possible they would join with the Town and the High School District in this nonprofit corporation for community access and local origination cablevision. Mr Mora stated Council should appoint a subcommittee of two members to work with staff on drafting articles of incorporation and Council request that the Los Gatos High School District appoint no more than two members of its Board of Trustees to work with the Council subcommittee and Town staff on this effort. Also now there is the possibility of Council members from Mont Sereno if they decide to join in this effort. It was consensus of Council that Mayor Ventura and Mr. Ferrito would act as subcommittee representing the Town. ADJOURNMENT Mayor declared the meeting adjourned at 11:55 p.m. ATTEST: Rose Aldag Town Clerk