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M 03-05-84TOWN OF LOS GATOS CALIFORNIA TOWN COUNCIL/PARKING AUTHORITY AGENDA MARCH 5, 1984 TOWN COUNCIL The Town Council of the Town of Los Gatos met in the Council Chambers of the Town Hall at 7:45 p.m., in regular session. ROLL CALL PRESENT:Joanne Benjamin, Eric D. Carlson, Terrence J. Daily, Brent N. Ventura and Mayor Thomas J. Ferrito. ABSENT:None. PLEDGE OF ALLEGIANCE Given by all in attendance. CLOSED SESSION REPORT Mayor Ferrito stated a closed session was held prior to the Council meeting and discussed the following: Potential and pending litigations; Voted unanimously to settle Toll House cross appeal; Labor negotiations and personnel matters. RESOLUTION OF COMMENDATION WALTER V. HAYS Mayor Ferrito presented a Resolution of Commendation to Walter V. Hays, for his service as Town Attorney from August, 1980 to October 1983. Tom Baer, Chairman of the Los Gatos Planning Commission, presented Mr. Hays with a Resolution of Commendation from the Planning Commission. SCHEDULE OF PUBLIC HEARING Council informational item. RESOLUTION OF APPRECIATION N. HANLEY Mrs. Benjamin moved for adoption of Resolution No. 1984-24 entitled, A RESOLUTION COMMENDING NELLE HANLEY for representing the Town of Los Gatos on the Santa Clara County Council on Aging's Advisory Council from March, 1982, until December, 1983. Mr. Daily seconded. Carried unanimously. NOTICE OF COMPLETION Mrs. Benjamin moved Council approve the Notice of Completion and Certificate of Acceptance for Bob Allen project at Manzanita and Laurel Avenues; authorize the Mayor to execute the document on behalf of the Town and Town Clerk to record said document. Mr. Daily seconded. Carried unanimously. PEDESTRIAN PROBLEMS - LOS GATOS BLVD. & SARATOGA AVE. Mrs. Benjamin moved to accept staff recommendation and direct staff to restripe crosswalks on Saratoga Avenue at Los Gatos Boulevard. Mr. Daily seconded. Carried unanimously. STOP SIGN AT LOS GATOS ALMADEN ROAD & NATIONAL AVE. Mrs. Benjamin moved that traffic signals at the intersection of Los Gatos- Almaden Road and National Avenue be considered in the 1984-85 budget. Mr. Daily seconded. Carried unanimously. TRACT 72249 POLLARD OAKS Mrs. Benjamin moved for adoption of Resolution No. 1984-25 entitled, RESOLUTION APPROVING AND ACCEPTING FINAL MAP OF TRACT NO. 7249 and authorize the execution of the contract for public improvements. Mr. Daily seconded. Carried by a vote of four ayes. Mr. Ventura voting no. It was also, consensus of Council to have Mayor send a letter to Caltrans as to action taken by Council and of their concerns. SUPPLEMENTAL APPROPRIATION PROJECT 265 Mrs. Benjamin moved to authorize a supplemental appropriation of $6,133.00 from 2107 Gas Tax Funds to Project 265, Santa Cruz Avenue/Main Street and University Avenue/Main Street traffic signals. Mr. Daily seconded. Carried unanimously. MONTHLY PLANNING REPORT Council information item. HILLSIDE SPECIFIC PLAN Mrs. Benjamin moved to accept staff recommendation and authorize the Clerk to readvertise the public hearing for April 2, 1984. Mr. Daily seconded. Carried unanimously. ALCOHOLIC BEVERAGE LICENSE 14103-C WINCHESTER BLVD. Mrs. Benjamin moved to accept staff recommendation regarding issuance of Alcoholic Beverage license for La Maison Du Cafe at 14103-C Winchester Boulevard. Mr. Daily seconded. Carried unanimously. SIDEWALK SALES DAYS - CHAMBER OF COMMERCE Mrs. Benjamin moved to accept staff recommendation and grant the Chamber of Commerce's request for 1984 Sidewalk Sales Days, noting that the approval specifically excludes the use of the Town Plaza. Mr. Daily seconded. Carried unanimously. HISTORICAL BUILDING CONSTRUCTION FEES Mrs. Benjamin moved for adoption of Ordinance No. 1610 entitled, AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING SECTION 4.86.230 OF THE TOWN ZONING ORDINANCE. Mr. Daily seconded. Carried unanimously. ARBOR DAY PROCLAMATION Information for Council, stating due to conflicting dates with Luther Burbank's birthday. This year the Town will celebrate Arbor Day with two programs as follows: 1.Saturday, March 3rd, the Town will receive the Tree City USA Award for the fourth consecutive year. At this program there will be a brief educational session and a tree planting in honor of Jim Sugai's 21 years of service to the Town. 2.Wednesday, March 7th, the Saratoga/Los Gatos/Monte Sereno Garden Club will plant a donated tree at Blossom Hill Park. LOS GATOS JAYCEES USE OF OAK MEADOW PARK ON JULY 4TH Mrs. Benjamin moved to grant the Los Gatos Jaycees' request for the use of Oak Meadow Park facilities on July 4th, 1984 subject to the following conditions: 1.Apply for facility reservation permit of $55.00. 2.Coordinate activities and meet standards recommended by the Park and Police Departments. 3.The one beer booth be contained within a fenced perimeter as outlined by the Police Department. 4.Two Police Officers to be assigned for security. 5.Meet all provisions of the Los Gatos Noise Ordinance (section 11.30.060 of the Town Code). 6.Town to be reimbursed for all extraordinary policing and maintenance costs. Mr. Daily seconded. Carried unanimously. PREFERENTIAL PARKING REPORT Mrs. Benjamin moved to accept Chief of Police updated report regarding complaints, enforcement and calls for service in the preferential parking district. Mr. Daily seconded. Carried unanimously. POSTER CONTEST Mrs. Benjamin moved to approve the Youth Advisory Commission's request to sponsor a Poster Contest; authorize the expenditure of $50.00, $25.00 and $15.00 for first, second and third place prizes from the Youth Advisory Commission's 1983-84 budget; and Council appoint one member to assist the judging of the entries on March 29, 1984. Mr. Daily seconded. Carried unanimously. YOUTH MONTH As requested by the Youth Advisory Commission, Mrs. Benjamin moved to declare the month of April, 1984 as YOUTH MONTH. Mr. Daily seconded. Carried unanimously. YOUTH ADVISORY COMMISSION Mrs. Benjamin moved for adoption of resolution No. 1984-26 entitled, A RESOLUTION RESCINDING RESOLUTION NOS. 1983-224 AND 1984-13A, ESTABLISHING THE YOUTH ADVISORY COMMISSION. Mr. Daily seconded. Carried unanimously. This will change the number of adult members from 2 to 3 members. COUNTY REFERRALS Discussion was held on the revised County Agricultural Zoning Regulations. Mr. Bowman answered questions of Council. After further discussion, Mr. Ventura moved to accept staff recommendation on County Referrals as follows: County Agricultural Zoning regulations Staff to draft letter for Mayor's signature stating the Town's objections to inclusion of Bed/Breakfast Lodge; Restaurant; and special retail store uses for Historical structures from this zone and also the Hillside zone. 2080-35-50-84DR 14505 Arnerich Hill Rd. Romark Design review Subject to County Planning conditions. Mr. Daily seconded. Carried unanimously. MINUTES FEBRUARY 21, 1984 Discussion was held on corrections of the February 21, 1984 minutes. Mr. Daily stated correction should be made regarding Walgreen's hearing as follows: first paragraph of page 4, sentence prior to Mr. Carlson's motion change the word "unless" to "in which case". Mrs. Benjamin wished the following correction: Under Rate Increase of Green Valley Disposal, the motion to continue the hearing should not include the appointment of Mayor Ferrito and Mrs. Benjamin to the Mayor's Committee. This should be under consensus motion of Council. Mr. Daily moved the minutes of February 21, 1984 be approved as corrected. Mr. Carlson seconded. Carried unanimously. COMMUNICATIONS (for action) a.Letter from Shirley Pfendt regarding Los Gatos Village Square potential parking problems on Carlton Avenue. Staff has answered Mrs. Pfendt's questions. Mrs. Benjamin moved to note and file as long as Mrs. Pfendt's questions have been answered. Mr. Ventura seconded. Carried unanimously. b.Request from Los Gatos Lions Club for use of Oak Meadow park on August 26, 1984. Mr. daily moved to approve the request subject to the following conditions: 1. That the Lions Club apply for facility reservation permit and pay applicable fee ($55.00). 2. Sponsor should be required to coordinate activities and meet established standards recommended by the Park and Police Departments. 3. No alcoholic beverage other than one beer and wine booth which will operate under a valid Alcoholic Beverage Control license and be contained within a fenced perimeter as outlined by the Police Department. 4. Two Police Officers to be assigned for security. 5. All provisions of Section 11.30.060 of the Los Gatos Noise Ordinance are met. 6. Town to be reimbursed for all extraordinary policing and maintenance costs. Mrs. Benjamin seconded. Carried unanimously. c.Letter from Mary and Eugene Martin regarding problems on Vista del Monte and Spreckles Avenue. Mrs. Benjamin moved to direct staff to install a chain, cable, or other appropriate closure device across Spreckles west of Vista del Monte. Mr. Carlson seconded. Carried unanimously. d.Request by the Los Gatos-Saratoga Department of Community Education and Recreation for work on the softball diamond at the Los Gatos High School. Speaking on this issue was Gene Goldberg, Director of the Recreation Department. He spoke of need for man hours of Engineering and man hours of maintenance, which would cost approximately $1,050.00. Discussion was held on schedule of high priority work of the Engineering and Maintenance Departments now and they could not give the time requested. Dan Brown, 120 Wheeler Avenue, member of Jaycees, spoke on the need for service and help. After further discussion, Mr. Ventura moved to grant a maximum of $1,000.00 towards this project on the basis that a copy of the bill be shown to Council after completion of the work. Mrs. Benjamin seconded. Carried unanimously. Manager stated this funding would come from the General Fund Contingency. e.Southland Corporation request for 10K Run and one mile Fun Run. The event is scheduled for Sunday, May 6, 1984 at 8:00 a.m. Mr. Ventura moved request be granted contingent upon Southland Corporation submitting final race plans to the Police Department for review. Mrs. Benjamin seconded. Carried unanimously. PAYROLL FEBRUARY, 1984 Mr. Ventura moved to approve the February, 1984 payroll. Mrs. Benjamin seconded. Carried unanimously. TREASURER'S REPORT - JANUARY 1984 Mrs. Benjamin moved to accept the Treasurer's report for January, 1984, with one correction. Mr. Daily seconded. Carried unanimously. WEED ABATEMENT Mayor Ferrito stated this was the time and place duly published for public for public hearing to consider any objections from property owners regarding the removal of weeds. No one wished to speak on this issue, Mrs. Benjamin moved hearing be closed. Mr. Ventura seconded. Carried unanimously. Mrs. Benjamin moved for adoption of Resolution No. 1984-27 entitled, A RESOLUTION OVERRULING OBJECTIONS AND ORDERING ABATEMENT OF WEEDS AS A PUBLIC NUISANCE. Mr. daily seconded. Carried unanimously. APPEAL - 225 SARATOGA AVENUE Mayor Ferrito stated this was the time and place duly published for public hearing to consider the appeal of Planning Commission approval of Variance Application V-83-3 and Architecture and Site Application S-83-30, requesting exception to the development standards of the C-2 zone and approval of plans for an addition to an existing office building at 225 Saratoga Avenue. Mr. Bowman gave a brief summary on project, stating Madame Yvette had appealed this application and requested the installation of an 8 foot fence. Mr. Bowman informed the Council that an 8 foot fence does not meet the Town requirements and would be illegal. Madame Yvette, appellant spoke on the issue, stating she wants to see more landscaping installed. Mr. Shebs, owner property, presented photo's showing views of property as seen by Madame Yvette. After further discussion and no one else wished to speak, Mrs. Benjamin moved hearing be closed. Mr. Daily seconded. Carried unanimously. Mr. Ventura then moved to modify the decision of the Planning Commission and require planting of a shrub or tree in the southwest corner of property at 225 Saratoga Avenue and trees in front of property in question and should be a fast growing variety and be planted to satisfaction of the Parks Director. Mayor Ferrito seconded. Carried unanimously. The Town Attorney to draft appropriate resolution for Council consideration at the next meeting. HANNEGAN'S APPEAL Mayor Ferrito stated this was the time and place for continued public hearing to consider the appeal of Planning Commission decision to approve Conditional Use Permit Application U-81-3A, C.B. Hannegan's 208 Bachman Avenue. Randall Reedy, Attorney representing C.B. Hannegan's, spoke to their appeal and based on the report of the Police Department, is requesting the Council to reinstate the regular hours. He does not feel Planning erred in their decision but wanted it noted that Planning did not have all the information at the time of their hearing. Mr. Reedy stated his clients want some certainty on this matter and eliminate a review every few months. Also speaking in support of this portion of the appeal were Ed Taylor, Jane Lubinding, Ken Steffan and David Safir. Beth Zientek, spoke on the preferential parking and if grant the conditional use permit then preferential parking should be an integral part in granting the use permit. Robert Cowan, 222 Tait Avenue, spoke on his appeal regarding intensification of the use of the property and asked for clarification of seating capacity. He feels instead of stating the number of seats shall not exceed 125, should read the number of occupants shall not exceed 125. Robert Holding also spoke on the issue. After further discussion and no one else wished to speak on this issue, Mr. Daily moved hearing be closed. Mrs. Benjamin seconded. Carried unanimously. Mr. Carlson questioned the legality of tying the preferential parking into granting of the appeal. Discussion was held on this and the Attorney answered questions of Council. After further discussion, Mrs. Benjamin moved to adopt conditions as adopted by Planning Commission with one exception and that is hours of operation. The hours of operation be as provided by California State law and that be conditioned upon having an existing preferential parking system in Almond Grove. Motion also grants both appeals on basis that Planning Commission erred int hat "it did not have all the available information before it and that there was no Town preferential parking system in existence at the time". There will be no further periodic reviews and the conditions of no outdoor music or outdoor service of food and beverages will be retained. Mr. Daily seconded. Carried unanimously. Mr. Carlson moved Council direct Police Chief and Manager to set up procedure for monitoring all bars; restaurant bars; reporting violation to the Alcoholic Beverage Control and giving a periodic report to Council. Mr. Daily seconded. Carried unanimously. BUILDING CODE APPEAL - 354 N. SANTA CRUZ AVENUE Mayor Ferrito stated this was the time and place duly published for public hearing to consider the appeal of the Town Building Official's decision concerning Handicapped Access requirements for the proposed remodeling of building at 354 N. Santa Cruz Avenue. It was noted that a communications had been received from the owner of the property requesting continuance of hearing to March 19, 1984. Mr. Ventura moved request be granted and hearing be continued to March 19, 1984. Mrs. Benjamin seconded. Carried unanimously. RECESS Mayor Ferrito declared a recess. Meeting reconvened at 10:05 p.m. RATE INCREASE REQUEST - GREEN VALLEY DISPOSAL The Town Manager gave a summary of meetings that have been held by committee composed of Council representatives from Saratoga, Los Gatos, Campbell and Monte Sereno. He stated the committee has another meeting scheduled in another week or ten days and feels Council should continue this hearing until March 19, 1984. Mrs. Benjamin moved hearing be continued to March 19, 1984. Mr. Ventura seconded. Carried unanimously. SMOKE DETECTOR ORDINANCE The Town Attorney, Ms. Levinger, referred to the ordinance and changes that had been made as suggested by Carol Connors of the Los Gatos Board of Realtors. Mrs. Benjamin moved reading be waived for ORDINANCE ADDING ARTICLE IV TO CHAPTER 12, "FIRE PROTECTION", REQUIRING SMOKE DETECTORS IN RESIDENTIAL BUILDINGS. Mr. Ventura seconded. Carried unanimously. Clerk read title. Mrs. Benjamin moved ordinance be introduced. Mr. Daily seconded. Carried unanimously. APPEAL WALGREEN'S 444 N. SANTA CRUZ AVENUE Mr. Daily moved for adoption of Resolution No. 1984-28 entitled, RESOLUTION GRANTING APPEAL FROM PLANNING COMMISSION DECISION DENYING CONDITIONAL USE PERMIT (444 North Santa Cruz Avenue Walgreen Company). Mrs. Benjamin seconded. Carried by a vote of four ayes. Mr. Ventura abstained. APPEAL - 16060 GREENRIDGE TERRACE - MORGAN Mr. Carlson moved for adoption of resolution No. 1984-29 entitled, RESOLUTION REMANDING TO THE PLANNING COMMISSION THE APPEAL OF THE DECISION OF THE PLANNING COMMISSION DENYING SUBDIVISION APPLICATION. Mr. Ventura seconded. Carried unanimously, Staff to investigate Council's concerns regarding the driveways to the parcels. APPEAL 16070 SHANNON ROAD 4-LOT SUBDIV. Mr. Ventura moved for adoption of Resolution No. 1984-30 entitled, RESOLUTION DENYING APPEAL FROM PLANNING COMMISSION DENIAL OF SUBDIVISION APPLICATION, (16070 Shannon Road Damavandi Enterprises). Mrs. Benjamin seconded. Carried unanimously. TRAFFIC CONTROL BLOSSOM HILL RD. BETWEEN WINTERBROOK & OLD BLOSSOM HILL ROAD Council questioned staff regarding their recommendation of other traffic control devices. Mr. Carlson moved to accept staff recommendation and authorize staff to make striping modifications but to strike the words, "install other traffic control devices". Motion died for lack of second. Discussion was held on other possible control devices. Mr. Carlson then sated he would make his recommendations more specific and moved to authorize staff to make striping modifications, install additional reflectors, signs and other channelization methods on Blossom Hill Road between Winterbrook and Old Blossom Hill Road. Mrs. Benjamin seconded. Carried unanimously. STREET IMPROVEMENTS 16412 LOS GATOS BOULEVARD Mr. Daily moved to accept staff recommendations as follows: 1) approve in principal the proposal of Los Gatos Convalescent Hospital to dedicate right-of- way for Los Gatos Boulevard in exchange for sidewalk and frontage improvements; 2) direct staff to negotiate a right-of-way agreement with Los Gatos Convalescent Hospital for approval by the Council at a subsequent meeting; 3) reimburse the cost of curb and gutter to Town if they change their use or intensify the use of property. Mrs. Benjamin seconded. Carried unanimously. UNIVERSITY AVE. UNDERGROUND UTILITY DISTRICT 1983-1 Mr. Carlson moved to accept staff recommendation and direct staff to proceed with planning for the subject project on the basis that 100% of the cost of service conversion work will be paid for by the property owners and take measures to work out the cost of undergrounding in cases of hardship of residents along university Avenue. Mr. Daily seconded. Carried unanimously. FERRIS AVENUE NO. 4 ANNEXATION Mr. Daily moved for adoption of Resolution No. 1984-31 entitled, A RESOLUTION INITIATING PROCEEDINGS FOR THE ANNEXATION OF CERTAIN UNINHABITED TERRITORY DESIGNATED AS FERRIS AVENUE NO. 4 TO THE TOWN OF LOS GATOS. Mr. Ventura seconded. Carried unanimously. ABAG DUES INCREASE REQUEST Mr. Daily moved that Council support the association of Bay Area Governments' recommendation of a membership assessment increase effective July 1, 1984. Mr.Carlson seconded. Carried unanimously. LIVE OAK ADULT DAY CARE CENTER REQUEST FOR SIGNS Mr. Daily moved Council authorize staff to make the suggested signs. Material and labor costs to be paid by Live Oak Adult Day Care Center. Mrs. Benjamin seconded. Carried unanimously. ARTHUR ANDERSON & CO. AUDIT MEMORANDUM Mr. Carlson moved Council accept the memorandum provided by Arthur Andersen & Co. regarding Accounting Procedures and Internal Controls. Mrs. Benjamin seconded. Carried unanimously. SELECTION OF TOWN AUDITORS Mr. Daily moved Council accept staff recommendations and appoint Vice-Mayor Benjamin and Councilmember Carlson to work with Town staff in the development of a Request for Proposals for audit services, review proposals and make recommendation to the full Council on the selection of a Town auditor. Mr. Ventura seconded. Carried unanimously. SB 564 NATIONAL PEACE ACADEMY Mayor Ferrito referred to communications regarding National Peace Academy and stated he would like to see Council Support SB 564. After some general discussion, Mr. Daily moved to support SB 564. Mr. Ventura seconded. Carried by a vote of three ayes. Mr. Carlson and Mrs. Benjamin voting no. Reasons for no votes were as follow: Mr. Carlson stated he could not support the motion as it stands, but would support motion for peace. Mrs. Benjamin stated she would not favor a vote on legislation on the National level for two reasons, 1) bills in National Congress can be changed and Council does not know what is happening and 2) Council is mandated to look at local issues and not national issues. COUNCIL REPORT Mr. Ventura reported that there will be two public hearings this month on the Route 85 corridor. One hearing to be held at Saratoga Community Center and the other to be held in San Jose. Not sure of dates at this time. AS 2302 PUBLIC RECORDS HAZARDOUS SUBSTANCES Mayor Ferrito explained the bill and after some discussion Mr. Carlson moved Council go on record in opposition of AS 2302. Mr. Daily seconded. Carried unanimously. Staff to notify Assemblyman Ernest L. Konnyu of Council's decision. LOCAL GOVERNMENT FINANCING Information for Council. ADJOURNMENT Mayor Ferrito declared the meeting adjourned at 10:55 p.m. ATTEST: Rose E. Aldag Town Clerk