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M 06-04-84TOWN OF LOS GATOS CALIFORNIA TOWN COUNCIL/PARKING AUTHORITY AGENDA JUNE 4, 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 reported on Closed Session held by Council on May 31, 1984 stating they had discussed litigation. Mayor Ferrito did not report on the Closed Session held prior to tonight's Council meeting. This meeting will be continued after tonight's Council meeting and will be reported on at the next meeting. BID AWARD PROJECT 298 PLANTER BOX REPAIR - N. SANTA CRUZ AVENUE It was noted that on May 9th, 1984 five bids were received ranging from low bid of $9,980.37 to a high bid of $22,222.00. Engineer's estimate of the job was $6,500.00 and the awarding of the bid had been continued to allow further review of the bids. Staff now recommends awarding the bid to Happy Builder's and Design based on their low bid of $9,980.37. Mr. Ventura moved to award the contract to Happy Builder's and Design based on their low bid of $9,980.37 for Project 298, Planter Box Repair N. Santa Cruz Avenue. Appropriate $10,500.00 from the General Fund Appropriation Reserve to cover the cost of the work plus approximately 5% contingencies. Mrs. Benjamin seconded. Carried unanimously. WRITTEN COMMUNICATIONS (referral/file) a.Letter from St. Mary's Church regarding street closure of Lyndon Avenue for their annual St. Mary's Country Faire on September 28th through the 30th. Mr. Daily moved to refer to the Police Chief for report to Council on June 18, 1984. Mrs. Benjamin seconded. Carried unanimously. b.Letter from Larry Jensen regarding posted speed limits on National Avenue. Mr. Daily moved to refer this communication to the Police Chief and Town Engineer for a recommendation. Mrs. Benjamin seconded. Carried unanimously. c.Letter from Judy Howell, Los Gatos Chamber of Commerce regarding change of approved dates of July 20th through 22nd to July 11th through 13th for their Sidewalk Sales Days. Mr. Daily moved to refer to Park, Forestry and Maintenance d.Letter from C. Yvette regarding complaint on lapse of time on police response. Mr. Daily moved to refer this to Police for a report. Mrs. Benjamin seconded carried unanimously. e.Letter from O>L> Johns regarding problems at bus stop located in front of his property at 151 N. Santa Cruz Avenue. It was consensus of Council to note and file and refer to Town Attorney for response if deemed appropriate by the Town Attorney. SCHEDULE OF PUBLIC HEARINGS Information for Council. ESTABLISHING INTEREST RATE REIMBURSEMENT OF TOWN COSTS OF IMPROVEMENT PROJECT Discussion was held regarding establishing an interest rate and felt the proposed (7) percent was not sufficient. After further discussion, it was consensus of Council to amend the Resolution to read, "... rate of interest pursuant to Los Gatos Town Code Section 26-36 (d) shall be ten (10%) percent per annum to be reviewed semi-annually.". Mr. Daily moved for adoption of the amended Resolution No. 1984-85 entitled, A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS ESTABLISHING AN INTEREST RATE FOR REIMBURSEMENT OF TOWN COSTS FOR IMPROVEMENT PROJECTS. Mrs. Benjamin seconded. Carried unanimously. CLOSURE OF E. MAIN STREET HIGH SCHOOL GRADUATION Mr. Daily moved to accept staff recommendation and approve the Los Gatos High School request to divert traffic from East Main Street on June 15, 1984 during the Graduation ceremony. All costs for use of Town personnel will be paid by the Los Gatos High School. Mrs. Benjamin seconded. Carried unanimously. COMPLAINT TREE REMOVAL OAK HILL WAY Patrick Wait, Parks Supervisor, spoke to Council on the complaint and explained the reasons for the removal stating the tree was in the public right-of-way. Property owners were notified of the work that would be done in the area. Mr. Kownacki had not been contacted in person but notice was left at his home. After further discussion, it was Council consensus that staff be instructed to contact Mr. Kownacki, personally and explain why the tree was removed and work with him on a solution and report back to Council. Mr. Mora instructed to draft response to Mr. Kownacki's letter. FY 1984-85 PROPOSED BUDGET Council members all received the 1984-85 proposed budget and Town Manager stated budget hearings would be held on June 11, 12 and 13, 1984. TRANSFER OF FUNDS FROM COMMUNITY PROGRAMS TO GENERAL FUND RESERVE Mr. Daily moved Council approve the transfer of $111,764 from Community Programs (Fund 50) to General Fund Reserve (Fund 14). Mrs. Benjamin seconded. Carried unanimously. MASSOL AVENUE TRAFFIC PROBLEM Mr. Ventura questioned this proposal to install 25 mph signs and felt there had not been enough traffic counts to make comparisons since the improvements went in. Mr. Ventura questioned this proposal to install 25 mph signs and felt there had not been enough traffic counts to make comparisons since the improvements went in. Mr. Van Houten spoke on the request from Mr. Jerry Bannen regarding Massol Avenue traffic. Mr. Jerry Bannen, 114 Massol Avenue stated that changes on Saratoga Avenue have increased Massol Avenue traffic and that is why he has requested stop signs be installed and speed enforcement. Further discussion was held and it was consensus of Council to hold this for two weeks to allow for further traffic counts, a 25 mph sign be installed on block between Bean and Nicholson and report from Police on monitoring of speeding in this area. APPROVAL FINAL MAP - TRACT 7589 (COLLISHAW) As requested by staff this was withdrawn from the agenda. R. BARROW COMPLAINT GREEN VALLEY DISPOSAL It was consensus of Council to direct Nadine Levin, Assistant Town Manager, to meet with Mr. Barrow and Mr. Varni to review Mr. Barrows letter of complaint and report back to Council at their next meeting. MONTCLAIR STORM DRAIN Mr. Daily moved to direct staff to meet with Mr. Ladd and Mr. and Mrs. Severns to work out mutually acceptable solutions. Mrs. Benjamin seconded. Carried unanimously. ORDINANCE AMENDING UNIFORM FIRE CODE OF 1982 REQUIREMENTS Mr. Daily moved for adoption of Ordinance No. 1620 entitled, ORDINANCE AMENDING CHAPTER 12 OF THE TOWN CODE RELATING TO THE 1982 UNIFORM FIRE CODE REQUIREMENTS FOR ADEQUATE WATER SUPPLY. Mrs.Benjamin seconded. Carried unanimously. COMMENDING MARYALICE LONG Mr. Daily moved for adoption of Resolution No. 1984-86 entitled, A RESOLUTION COMMENDING MARYALICE LONG (for her service as employee member on the Town Retirement Board). Mrs. Benjamin seconded. Carried unanimously. PLANNING DEPT. MONTHLY REPORT Informational report for Council. COUNTY REFERRALS Mr. Daily moved to accept staff recommendations on County Referrals as follows: 2097-23-45-84B Thompson Road Allen Single family building site (re-submittal) No comment. Mrs. Benjamin seconded. Carried unanimously. NOTICE OF COMPLETION Mr. Daily moved to accept the Certificate of Acceptance and Notice of Completion for Kings Court, 760 blossom Hill Road (Kingsco); authorize the Mayor to execute and the Town Clerk to record the notice. Mrs. Benjamin seconded. Carried unanimously. COWELL ROAD NO. 2 ANNEXATION Mr. Daily moved to adopt Resolution No. 1984-87 entitled, A RESOLUTION INITIATING PROCEEDINGS FOR THE ANNEXATION OF CERTAIN UNINHABITED TERRITORY DESIGNATED AS COWELL ROAD NO. 2 TO THE TOWN OF LOS GATOS. Setting the hearing on the annexation for July 16, 1984 and directing mailing and publishing of notices of the hearing. Mrs. Benjamin seconded. Carried unanimously. LOS GATOS HIGH SCHOOL HANDICAPPED ACCESS PROJECT REPORT Council informational report. MINUTES MAY 21, 1984 The Town Attorney suggested correction to the minutes as follows: Page 1. Subject, Amigos De Las Americas Program. Add to the motion, "... part of the rationale for this allocation is for the value added to the Youth of Los Gatos by this activity". Page 3. Subject, Smoke Detector Form. There had been a change in the wording on the form and therefore the minutes should state, "Mr. Daily moved to accept the amended Smoke Detector Certification Release Form". Mr. Ventura moved to adopt the May 21st, 1984 minutes as corrected. Mrs. Benjamin seconded. Carried unanimously. VACANCIES TOWN BOARDS AND COMMISSIONS Council requested the Clerk to furnish Council with list of various Boards and Commission vacancies with date of expiration of terms. Discussion was held regarding interviews for student members of the Youth Advisory Commission and it was decided interviews for the student members would not be held until the 2nd meeting in September. COMMUNICATIONS (for action) a.Letter from Robert Wright regarding land use issues in the Hannah- Scakett Twin Oaks Tract (Woodland Avenue). Mr. Ventura moved for adoption of Resolution No. 1984-88 entitled, PARKING PROHIBITION - WOODLAND AVENUE; advise Mr. Wright of the General Plan hearing set for July 16, 1984. Mr. Wright should attend hearing and make any further comments at that time. Mr. Wright spoke on his concerns at present. Mrs. Benjamin seconded. Motion carried unanimously. b.Letter from Yellow Checker Cab Company, Inc. requesting a rate adjustment of fares. Mr. Ventura moved to set a public hearing for July 16, 1984 to consider the request. Mr. Carlson seconded. Carried unanimously. Mr. Ventura suggested Town write letter to San Jose requesting them to delay any action regarding rate adjustment until Los Gatos has held its hearing or at least consider Los Gatos concerns. c.Letter regarding the Northern California Freeze Voter Walkathon. Mr. Carlson moved to approve the third Nuclear Weapons Freeze Walkathon for Saturday, June 16, 1984. Mrs. Benjamin seconded. Carried unanimously. Registration will begin at 9:00 a.m. at Oak Meadow Park and the walk will begin at 10:00 a.m. The event and clean up will be completed by 1:00 p.m. MAY 1984 PAYROLL Mr. Ventura moved to approve the May, 1984 payroll in the amount of $353,924.26. Mrs. Benjamin seconded. Carried unanimously. Letter of request from Town Treasurer regarding payroll verification from individual department, etc. Mayor Ferrito stated due to absence of the Town Treasurer, this would be agendized for the next regular meeting. ZONE CHANGE APPLICATION 6-LOT SUBDIV. 413 LOS GATOS BOULEVARD Mayor Ferrito stated this was the time and place duly published for public hearing to consider the Planning Commission's recommendation of approval of zone change application Z-80-13A, requesting a change in zone from R-1:8,000 to R- 1:8,000-PD in order to develop a six lot single family subdivision at 413 Los Gatos Boulevard (Mesa). Lee Bowman gave Council a summary of what has gone on in the studies and development. Mr. Mesa, 413 Los Gatos Boulevard, owner of the property stated this development has been studied and reviewed by Planning over a 2 year period, working out various problems. The development now only consists of five lots. No one else wished to speak on this issue. Mr. Ventura moved hearing be closed. Mrs. Benjamin seconded. Carried unanimously. Mr. Ventura moved to make negative declaration that this project would not have a significant impact on the environment. Mrs. Benjamin seconded. Carried unanimously. Discussion was held on height of the buildings and on left turns from the project. Mr. Ventura moved for amendment to the Ordinance to add #8 under Section V, #8 to read, "At the time of Architecture and Site approval the commission shall review the plans for each house to assure that second story windows will be restricted to face towards the center of the project in order to protect the privacy of the existing adjacent properties and that the structures give the appearance (from off the site) of one-story buildings with a steep, pitched roof, similar to some older home designs in the area". Mr. Carlson seconded. Carried unanimously. Mr. Ventura moved to make findings that zone change is consistent with the General Plan in that density is consistent with General Plan designation and that traffic generation was within the acceptable parameters of the Circulation Element. Mr. Daily seconded. Carried unanimously. Mr. Carlson moved reading be waived for AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONING ORDINANCE EFFECTING ZONE CHANGE NO.______ FROM R-1:8,000 TO R-1:8,000-PD. Mr. Ventura seconded. Carried unanimously. Clerk read title. Mr. Ventura moved Ordinance be introduced as amended. Mr. Daily seconded. Carried unanimously. HISTORICAL DESIGNATION HOERLER HOUSE 15945 CAMINO DEL CERRO Mayor Ferrito stated this was the time and place duly published for public hearing to consider Planning Commission recommendation regarding designation of residence known has Hoerler House as historically or culturally significant. The property is located at 15945 Camino del Cerro. Lee Bowman reported on Planning Commission recommendation. No one in the audience wished to speak on this issue. Mr. Daily moved hearing be closed. Mr. Carlson seconded. Carried unanimously. Mrs. Benjamin moved to make findings that Ordinance is in conformance with the purposes and standards of Chapter 4.86 of the Zoning Ordinance and the General Plan. It is a fine example of Pennsylvania Dutch style architecture and is a very old historical ranch house. Mr. Ventura seconded. Carried unanimously. Mr. Daily moved reading be waived for AN ORDINANCE OF THE TOWN OF LOS GATOS DESIGNATING THE HOERLER HOUSE AND GARAGE AS HISTORICALLY AND CULTURALLY SIGNIFICANT. Mrs. Benjamin seconded. Carried unanimously. Clerk read title. Mr. Ventura moved Ordinance be introduced. Mrs. Benjamin seconded. Carried unanimously. AB 3908 PROHIBITION RENT CONTROL The Town Attorney explained that AB 3908 (Papan) provides for the termination of rent control on residential property. After some discussion Mr. Carlson moved Council go on record opposing said AB 3908. Mr. Daily seconded. Carried unanimously. Mayor to send letter to legislator's on Councils opposition. NATIONAL CONVENIENCE STORES STOP'N GO MARKET- 445 LEIGH AVENUE. Mr. Ventura moved to adopt Resolution No. 1984-89 entitled, RESOLUTION SETTING ASIDE THE CONDITIONAL USE PERMIT OF NATIONAL CONVENIENCE STORES, INC. AND REMANDING THE APPLICATION FOR CONDITIONAL USE PERMIT TO THE PLANNING COMMISSION TO RECONSIDER THE CONDITIONS THEREOF. Mr. Carlson seconded. Carried unanimously. REMOVAl of tree bayview avenue & pennsylvania Mr. Ventura spoke of his concerns of losing a prominent tree. After further discussion, Mrs. Benjamin moved to accept staff recommendation and pave the opening in the street where the tree formerly existed and direct the Director of Parks, Forestry and Maintenance Service to check on the possibility of planting another tree in a suitable place in that area. Mr. Ventura seconded. Carried unanimously. COST SHARING AGREEMENT S. BASCOM AND SAMARITAN DRIVE Mr. Ventura moved for adoption of Resolution No. 1984-90 entitled, RESOLUTION APPROVING THE COST SHARING AGREEMENT BETWEEN THE TOWN AND THE CITY OF SAN JOSE FOR MODIFICATIONS OF THE TRAFFIC SIGNALS AT SOUTH BASCOM AVENUE AND SAMARITAN WAY; authorize the Mayor to sign on behalf of the Town. Mrs. Benjamin seconded. Carried unanimously. CONTRACT FOR LIFE & LONG-TERM DISABILITY INSURANCE CANADA LIFE ASSURANCE COMPANY Mr. Daily moved for adoption of Resolution No. 1984-91 entitled, A RESOLUTION AUTHORIZING EXECUTION OF CONTRACT WITH CANADA LIFE INSURANCE COMPANY FOR PROVISION OF LIFE AND LONG-TERM DISABILITY INSURANCE, and make the finding that in accordance with the Town Code, Chapter 23, Section 6, that due to the uniqueness of purchasing insurance it is more advantageous to the Town to purchase by negotiated bid. Mrs. Benjamin seconded. Carried unanimously. LOS GATOS SPHERE OF INFLUENCE Staff gave summary and discussion was held on report on the Los Gatos Sphere of Influence. Mr. Ventura moved to indicate to LAFCO that the Town has reviewed the draft and finds that it is acceptable. Mrs. Benjamin seconded. Carried unanimously. PROPERTY ACQUISITION FOR DOWNTOWN PARKING Frank Howell, from the Chamber of Commerce Committee, spoke on the need for parking in the East Main Street area. Discussion was held on land that the Town has already purchased for parking purposes and nothing has been done with it. After further discussion, Mr. Carlson moved to take staff recommendation and not purchase any further property for parking at this time. Mr. Ventura seconded. Carried unanimously. LIBRARY BOARD TRUST FUND Discussion was held on the request of the Library Board requesting that interest accrued on money in the Library Trust Fund be deposited to the Library Trust Fund. The Town Manager stated he recommends against this request based on the potential precedent such action would set and the cost of administering this activity. After further discussion, Mr. Ventura moved Council deny the request. Mr. Carlson seconded. Carried unanimously. TENTH YEAR CDBG ALLOCATION Russell Louthian, Chairman of Community Service Commission, stated he was present to answer questions. Jill Cody answered questions regarding impact this request would have on Youth employment. After discussion, Mrs. Benjamin moved to approve the decrease of $10,000 in the Town's Tenth Year discretionary CDBG funds by deleting the Youth Employment Program ($6,000) from the HCDA program and by decreasing $4,000 from Community Housing Developers, Inc. allocation for a senior citizen group home. Mr. Carlson seconded. Carried by vote of four ayes. Mr. Ventura voting no. TOWN COMMISSION VACANCIES Russell Louthian Community Service Commissions spoke on their request to have Council adopt a policy making it mandatory that individuals serve on other Town commissions before serving on the Planning Commission. After general discussion, Mr. Carlson moved Council instruct staff to change the Commission Application form to include question concerning participation on various Commission/Board or Committee. Mr. Daily seconded. Carried by a vote of four ayes. Mayor Ferrito voting no. REQUEST FOR AMENDMENT TO COUNCIL AGENDA FORMAT Mr. Russell Louthian requested that Commission reports be brought forward on the agenda. Discussion was held as to where these reports can be heard. The Town Manager stated no other issue should be set before Public Hearings. Mrs. Benjamin moved agenda format be changed and Commission Reports follow the Office of Town Clerk and (as suggested by Mr. Daily) this be on a 90 day trial basis. Mr. Daily seconded. Carried by a vote of four ayes. Mayor Ferrito voting no. SB 2107 It was consensus of Council to note and file and direct staff to monitor this Bill for amendments. SB 3838 Mayor Ferrito stated this bill relates to forest practices and would allow County to appeal an approval of the timber harvesting plan which they cannot do now. Mr. Ventura moved to go on record in support of SB 3838. Mr. Carlson seconded. Carried unanimously. AUDITOR SELECTION The Town Manager referred to report of Council sub-committee of Mrs. Benjamin and Mr. Carlson with their recommendation to select Main Hurdman as auditors for fiscal year 1983-84 and retaining the option of extending the agreement twice for periods of one year each to cover services for FY 1984-85 and FY 1985-86. Mr. Carlson moved for adoption of Resolution No. 1984-92 entitled, A RESOLUTION AUTHORIZING NEGOTIATION AND EXECUTION OF AN AGREEMENT BETWEEN THE TOWN OF LOS GATOS AND MAIN HURDMAN FOR AUDITING SERVICES. Mrs. Benjamin seconded. Carried unanimously. ENGINEER REPORT REGARDING ROUTE 85 Mr. Ventura spoke on information report from Town Engineer, looking at the complete high speed interchange at 85 and 17, whether this is an expressway or freeway? He spoke of on and off ramp pattern at Winchester and Lark Avenue which is such that the Town will basically end up with as much traffic as it has now. After further discussion, Mr. Ventura moved that Mayor be directed to write letter to Caltrans informing them of the high speed that the on and off ramp design is unacceptable and want a redesign of junctions at Winchester Boulevard and 85 and Lark Avenue and 85. Mr. Carlson seconded. Carried unanimously. ADJOURNMENT Mr. Ventura moved meeting be adjourned at 9:45 p.m. Mr. Carlson seconded. Carried unanimously. It was noted Council will reconvene in Closed Session following the meeting. Report on this meeting will be given at the next Council meeting. ATTEST: Rose E. Aldag Town Clerk