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M 09-04-84TOWN OF LOS GATOS CALIFORNIA TOWN COUNCIL/PARKING AUTHORITY AGENDA SEPTEMBER 4, 1984 TOWN COUNCIL The Town Council of the Town of Los Gatos met in the Council Chambers of the Town Hall at 7:30 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 Mayor Ferrito stated Council had met in Closed Session prior to the Council meeting and discussed labor relations and litigations. Part of the litigation discussion was the denial of claims for damages filed by Gregory Butler and denial of late claim for damages filed by Ms. Mary Jane Rundberg-Miller. Vote on denial of said claims was carried by four ayes. Mr. Daily was absent. BID AWARD PROJECT 303 STREET SLURRY SEALING Staff reported three bids were received, ranging from a low bid of $28,432.50 to a high bid of $43,844.75 with engineer's estimate being $47,000.00. Mr. Ventura moved to accept staff recommendation and award the bid to Graham Contractors, Inc., in the amount of $28,432.50 and Mayor be authorized to sign the contract on behalf of the Town. Mr. Daily seconded. Carried unanimously. COMMUNICATIONS (referral/file) a.Letter from Mrs. H. Howard Black re San Benito/Andrews area, traffic measures. Mr. Daily moved Town Manager responded to this communication and sent Mrs. Black a copy of Town Engineer's report. Mrs. Benjamin seconded. Carried unanimously. b.Intergovernmental Council communication concerning proposed County General Plan amendments. Mr. Daily moved to refer this communication to Planning Director for information. Mrs. Benjamin seconded. Carried unanimously. c.C. Yvette re Saratoga Avenue. Mr. Daily moved this communication be referred to the Code Enforcement Officer and the Chief of Police for response. Mrs. Benjamin seconded. Carried unanimously. d.PG&E rate Application 84-08-067. This is a notice that no rate adjustment is being sought. Note & file. e.Photographic Guild of Los Gatos request for waiver of fees. Mr. Daily moved this request be referred to Community Service Director for recommendation on September 17, 1984. Mrs. Benjamin seconded. Carried unanimously. f.Communication from Santa Clara County Transportation Commission report concerning the Need and Potential Financing for Improvements to Routes 101, 237 and 85 in Santa Clara County. File. g.Letter from Lee Dimter re parking on Shannon Road. Mr. Daily moved his communication be referred to the Chief of Police for response. Mrs. Benjamin seconded. Carried unanimously. SCHEDULE OF PUBLIC HEARINGS Council information. 7TH ANNUAL WALK FOR THE HUNGRY Mr. Daily moved Council approve the "Walk for the Hungry" to be held October 21, 1984, 1:00 PM to 6:00 PM, as staff anticipates little or no impact on traffic and requiring only periodic checks by on-duty personnel. Mrs. Benjamin seconded. Carried unanimously. FINAL TRACT MAP 7509 Mr. Daily moved for adoption of Resolution No. 1984-147 entitled, RESOLUTION APPROVING AND ACCEPTING FINAL MAP OF TRACT NO. 7509 and authorize the execution of the contract for public improvements. Mrs. Benjamin seconded. Carried unanimously. NOTICE OF COMPLETION LOS GATOS VILLAGE SQUARE Mr. Daily moved for approval of the Certificate of Acceptance and Notice of Completion for Los Gatos Village Square - 15466 Los Gatos Boulevard and Mayor be authorized to execute said document and Clerk to record. Mrs. Benjamin seconded. Carried unanimously. AGREEMENT 16700 CYPRESS WAY (ALTMANN) Discussion was held as to whether this proposal is consistent and follows same rules as placed on other slide problems that have been presented to Council on previous occasions. After further discussion Mr. Daily moved for adoption of Resolution No. 1984-147 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING TOWN MANAGER TO EXECUTE AGREEMENT ON REMOVAL OF DEBRIS FROM PUBLIC RIGHT-OF-WAY AND CONSTRUCTION OF RETAINING WALL AND RESTORATION OF BANK AT 16700 CYPRESS WAY. Mrs. Benjamin seconded. Carried unanimously/ AMENDMENT TO POSITIONS & SALARIES FOR 1984-85 Mr. Daily moved for adoption of Resolution No. 1984-149 entitled, A RESOLUTION AMENDING THE RESOLUTION ADOPTION SCHEDULES OF AUTHORIZED POSITIONS AND SALARIES FOR FISCAL YEAR 1984-85. REPORT ON RENT MEDIATION PROGRAM Mr. Daily moved to accept the annual report of the Los Gatos Rent Mediation Program as submitted by information and referral Services Inc., as required by their contract. Mrs. Benjamin seconded. Carried unanimously FINAL MAP TRACT 7627 Mr. Daily moved for the adoption of Resolution No. 1984-150 entitled, RESOLUTION APPROVING AND ACCEPTING FINAL MAP OF TRACT NO. 7627 and authorize the execution of the contract for public improvements. Mrs. Benjamin seconded. Carried unanimously. RELEASE OF DOCUMENTS TRACT 7425 LOS GATOS SWIM & RACQUET CLUB ESTATES Mr. Daily moved for adoption of resolution No. 1984-151 entitled, RELEASE OF DOCUMENTS FOR TRACT NO. 7425 (LOS GATOS SWIM AND RACQUET CLUB ESTATES) and clerk be authorized to notify the developer and Surety & Insurance Companies of said action. Mrs. Benjamin seconded. Carried unanimously. APPROVAL OF PLANS & SPECS PROJECT 304 Mr. Daily moved for adoption of Resolution No. 1984-152 entitled, RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS APPROVING PLANS AND SPECIFICATIONS FOR PROJECT 304 - SAN BENITO AVENUE CLOSURES. (Bid opening scheduled for October 3, 1984 at 3:00 p.m.) 1984 MEETING SCHEDULE Information for Council re schedule of meeting for the balance of 1984. HR 4103 NATIONAL TELECOMMUNICATIONS POLICY Mr. Daily moved to direct staff to notify the California Congressional Delegation and the House Energy and Commerce Committee Chair, John Dingell, of the Town's support of HR4103 as passed out of the House Engery and Commerce Committee. Mrs. Benjamin seconded. Carried unanimously. COMMENDATION THOMAS BAER Mr. Daily moved for adoption of Resolution No. 1984-153 entitled, A RESOLUTION COMMENDING THOMAS E. BAER for his outstanding service as a Planning Commissioner. Mrs. Benjamin seconded. Carried unanimously. COMMENDATION LOIS CHAPSON Mr. Daily moved for adoption of Resolution No. 1984-154 entitled, A RESOLUTION COMMENDING LOIS CHAPSON for her service as a Planning Commissioner. Mrs. Benjamin seconded. Carried unanimously. PLANNING MONTHLY REPORT Mr. Daily moved to accept the monthly Planning report. Mrs. Benjamin seconded. Carried unanimously. CITY OF SAN JOSE REFERRAL Mr. Carlson moved to accept staff recommendation plus an additional recommendation of Council on the following referral from the City of San Jose. PDC83-12-104 EIR Guadalupe Mines Road Los Gatos Golf & Country Club, Inc. Direct staff to transmit Town's comments regarding this application to San Jose and request that they not certify the Environmental Impact Report until the Town's concerns are addressed and also notify them that the Town is opposed to construction of commercial buildings or facilities on Guadalupe Mine Road as they feel the land should remain rural. Mr. Ventura seconded. Carried unanimously. AMENDMENT TO ENVIRONMENTAL STUDIES FEES Mr. Daily moved for adoption of Resolution No. 1984-155 entitled, RESOLUTION AMENDING THE FEE FOR INITIAL ENVIRONMENTAL STUDIES. Mrs. Benjamin seconded. Carried unanimously. OLD TOWN APPEAL Mr. Daily moved for adoption of Resolution No. 1984-156 entitled, RESOLUTION GRANTING APPEAL OF PLANNING COMMISSION CONDITIONS OF APPROVAL OF ARCHITECTURE AND SITE APPLICATION AND GRANTING APPEAL OF BUILDING OFFICIAL DECISION REQUIRING SANITARY FACILITIES FOR THE HANDICAPPED. (50 University Avenue - Old Town). Mrs. Benjamin seconded. Carried by vote of four ayes. Mr. Ventura abstained. APPEAL-STREET TREE SPECIES FOR LOT 1 & 2 ON ALERCHE DR. Mr. Daily moved for adoption of resolution No. 1984-157 entitled, RESOLUTION DENYING APPEAL OF PLANNING COMMISSION CHOICE OF SPECIES OF STREET TREES FOR ARCHITECTURE AND SITE APPLICATION. Mrs. Benjamin seconded. Carried by a vote of four ayes. Mr. Ventura abstained. MINUTES OF AUGUST 20, 1984 Correction to the meetings were made as follows: Pg 6. - Subject-TOWN FUNDED EMPLOYMENT PROGRAMS - vote on the motion should read "Carried by vote of 3 ayes. Mr. Daily abstained. Also on that same subject minutes should reflect that Council expressed disappointment that the 3 programs were unable to work out a compromise or consolidate a solution and indicate that Council had intended to save money without cutting programs. Pg 5. - Subject - APPEAL ON STREET TREE SPECIES ON ALERCHE DRIVE. Mr. Carlson would like minutes to reflect his motion as follows: The reasoning, I sited, for why Planning Commission denied the matter is it had significant staff input and in fact most of the input from the residence had been in favor of Planning Commission's decision as opposed to oppose. Think we should cite the reasoning is, we had both staff support and neighborhood input indicating that was the preferred solution. Mrs. Benjamin moved minutes of August 20, 1984 be approved as corrected. Mr. Carlson seconded. Carried by vote of 4 ayes. Mr. Ventura abstained. COMMUNICATIONS a.Letter from Joan Brazell, member of "Safe on 17", re Highway 17 access at Lexington Reservoir area. Staff recommended that Council indicate its concern to appropriate officials that access and safety improvements be made to State Route 17 consistent with the policies and plans in the Santa Clara County and Town of Los Gatos Hillside Plans. Mr. Ventura suggested amendment to the recommended action as follows: Support safety improvements as long as they don't lead to a change in the land use policies that would intensify urbanization in the area. Mr. Carlson moved to accept staff recommendation as amend by Mr. Ventura. Mrs. Benjamin seconded. Carried unanimously. b.Santa Clara Valley Water District communication re appointment of representative to the Flood Control zone Advisory Committee. Mr. Ventura moved for the reappointment of James Van Houten, Director of Public Works, as representative and Gary Wolfinger, Associate Civil Engineer, as alternate to the Central and North Central Flood Control Advisory Committee. Mrs. Benjamin seconded. Carried unanimously. c.Letter from Pearl Follett et al , re landscaping on Main Street in the vicinity of the Antiques Market. Pearl Follett spoke on the issue, stating her concerns re safety as visibility is impaired by the tall bushes growing in the El Monte Island. She stated the Parks Department had told her these could not be trimmed. Mr. Robert Bryant, Director of the Parks and Forestry Division stated it's not that the bushes can not be trimmed, but Oleander bushes do not do well if they are pruned back severely. After further discussion on this issue, Mr. Daily moved this matter be referred to the Park Commission for review and suggestions on a range of alternatives that could be done to the planting in the island median that might alleviate some the problems. Mr. Ventura seconded. Carried unanimously. It was consensus of Council to ask Engineer's to review accidents and safety reports at the El Monte Island location and report back to Council. PAYROLL AUGUST 1984 Mr. Carlson moved for approval of payroll in the amount of 273,420.02 plus, withholding payroll checks in the amount of $106,566.11. Mr. Daily seconded. Carried unanimously. TREASURER'S REPORT FOR JULY 1984 Mrs. Benjamin moved to approve the July 1984 Treasurer's report. Mr. Carlson seconded. Carried unanimously. LOS GATOS CHAMBER ORCHESTRA FALL CONCERT Ethel Worn, Chairperson of the Los Gatos Cultural Commission spoke on their request for funding the Chamber Orchestra Fall concert and understands the request to serve and sell wine is denied and the Commission is trying to come up with other ways of raising funds to assist in paying the musicians. After further discussion Mr. Ventura moved for approval of 1) an appropriation of $750.00 from the Los Gatos Cultural Commission's FY 1984-85 budget for a fall concert to be performed by the Los Gatos Chamber Orchestra and 2) the Chamber Orchestra's request to hold a performance at the Civic Center on Saturday, October 6, 1984 from 4 p.m. to 5:30 p.m.. Mr. Carlson seconded. Carried unanimously. YOUTH ADVISORY COMMISSION Annual report from the Youth Advisory Commission for Council information. Council commended the Youth Group on their achievements. GENERAL REVENUE SHARING POLICY Mrs. Benjamin moved to adopt the General Revenue Sharing Funding Process policy as follows: The Town of Los Gatos provides financial support to nonprofit human service agencies that service Los Gatos residents. Financial support is limited to the use of General Revenue Sharing funds received by the Town from the Federal Government. Financial support is provided on a competitive basis for no more than aa twelve (12) month period of time during each fiscal year. In order to assure equitable review process shall include the following; 1.Applicants shall submit written application on forms supplied by the Town. Application shall be submitted by June 30 of each year. 2.Application shall first be reviewed by Town staff, who shall make recommendations to the Community Services Commission. 3.The Community Services Commission shall review applications and staff recommendations at a public hearing to be held during the month of august, after which the Commission shall formulate recommendations for consideration by the Town Council. APPEAL HANDICAPPED ACCESS REQUIREMENTS - 15600 LOS GATOS BLVD. Mayor Ferrito stated this was the time and place duly published for public hearing appealing the building official's decision in requiring handicap access facilities at 15600 Los Gatos Boulevard (Countryman Oldsmobile/Cadillac). Building Official Archie Watson answered questions of Council stating there are 4 bathrooms involved and all require modifications to meet the handicap requirements. Final drawings have not been submitted to date. Gregg Smith, representing Oldsmobile/Cadillac, spoke on the remodeling of the existing building. He stated the new building will have handicapped restrooms as well as other facilities. Mr. Jim Lewis spoke on the issue and answered questions of Council. Mr. Lewis referred to State Architect rules and the need for having necessary footage for landings at the top of ramps so persons in wheelchairs would be ale to push the doors open to enter the building. Mr. Smith spoke on the possibility of installing an automatic door. There being no one else wishing to speak on this issue, Mr. Ventura moved public hearing be closed. Mr. Daily seconded. Carried unanimously. Mr. Ventura moved that the ramp from outside leading into the showroom be made handicapped accessible through equivalent facilitation, which gives the option of using the automatic doors, and that the new building be connected to the old building through an interior ramp that is handicapped accessible. This motion is just for consensus. Mr. Carlson seconded. Carried unanimously. Mr. Carlson moved that all restrooms provided be handicapped accessible and leave the choice of how many be up to the developer. Mrs. Benjamin seconded. Carried unanimously. Mr. Ventura moved to deny the appeal and affirm the recommendations of the Building Official as to the handicapped requirements and modify the third to include the equivalent facilitation. Mr. Daily seconded. Carried unanimously. APPEAL HANDICAPPED ACCESS REQUIREMENTS 300 EAST MAIN STREET Mayor Ferrito stated this was the time and place duly published to consider the appeal re handicapped access requirements for proposed office building at 300 East Main. Mr. Joel Gambord, owner of the building spoke on the issue, que starting there would only be two bathrooms in the building and one would be in his private office and he is requesting that he not be required to make that one bathroom handicapped accessible. Mr. Jim Lewis stated he feels both restrooms should be handicapped accessible. After further discussion and there being no one else wishing to speak on this issue, Mr. Ventura moved public hearing be closed. Mrs. Benjamin seconded. Carried unanimously. Mrs. Benjamin moved to grant the appeal as State Architect has determined that the building owners private restroom need not be accessible to handicapped. The building will only be 1,000 square feet with little public traffic. Mr. Daily seconded. Carried unanimously. UTILITY EASEMENT ABANDONMENT MILBRAE LANE Mayor Ferrito stated this was the time and place duly published to consider abandonment of utility easement along property at 210 Milbrae Lane. Director of Public Works, James Van Houten answered questions of Council on the abandonment. Dave Lazares, applicant for said abandonment, also answered questions of Council and stated if easement were granted, part of the easement would be used for landscaping and the other part would be used for the building. Discussion was held as to what would be a fair market value for the property in question. Mr. Lazares stated other utility districts have released any hold on the property. Mayor Ferrito spoke on Council policy of getting a fair market value for any Town property that is vacated. It is Councils' feeling that this property does have some market value to the applicant and suggested $1,000.00 as fair market value as he feels this land is not valueless. John Barker, Civil Engineer of said project spoke in opposition of fee of $1,000.00. Mr. Lazares stated he would agree to $500.00 fee as being equitable. After further discussion and there being no one else wishing to speak on the issue Mr. Ventura moved hearing be closed. Mr. Daily seconded. Carried unanimously. Mrs. Benjamin moved to accept the offer of $500.00 market value fee for the easement in question and adopt the Resolution abandoning said easement. Mr. Daily seconded. Motion fails by vote of two ayes. Mr. Carlson, Mr. Ventura and Mr. Ferrito voting no. Mrs. Benjamin then moved for adoption of Resolution abandoning the easement. Mr. Carlson seconded. Motion fails on vote of two ayes. Mr. Daily, Mr. Ventura and Mr. Ferrito voting no. Mrs. Benjamin then restated her original motion to accept the $500.00 market value fee exclusive of the $300.00 processing fee and adopt Resolution No. 1984-158 entitled, ORDER VACATING A PORTION OF PUBLIC STORM DRAIN EASEMENT WITHIN TRACT NO. 1625. Mr. Daily seconded. Carried by vote of 3 ayes. Mr. Ventura and Mr. Ferrito voted no, and requested the minutes reflect the reason for their no vote as follows: They feel the land has a greater value than the $500.00 the Town is receiving, but did get greater value than anticipated, so feel the hearing process was well worth it. "SANDWICH SIGN ADVERTISING Mr. Carlson moved to accept staff recommendation and deny request for approval of an advertising whereby a person riding a six-foot unicycle may wear a "sandwich" sign advertising local businesses. Mrs. Benjamin seconded. Carried unanimously. WALGREEN'S Mayor Ferrito referred to request from Walgreen's for building certificate of occupancy before the completion of all conditions of improvements have been met. Speaking on this issue was Mr. Matteoni, Attorney, representing Walgreen's. He stated due to lack of communication or delay of communications he was asking for an extension of time to conclude all improvements that had been placed as a condition before Walgreen's could get a certificate of occupancy. He gave some alternatives they would like to do in lieu of the completion of the designated work. Mr. Ventura stated due to possible conflict of interest he would not be voting on this issue, as did Mr. Daily. Mr. Carlson spoke on his concern re allowing occupancy prior to completion of all improvements. Mr. Herb Cuevas, Architect for the project stated he believes there is a hardship and feels it is unfair not to grant an extension due to lack of communication and delay in receiving drawings. After further discussion Mr. Benjamin moved request be denied and issue no Certificate of Occupancy until all conditions of improvements have been met and feels they have had plenty of time. Mr. Carlson seconded. Carried by vote of three ayes. Mr. Ventura and Mr. Daily abstained. ADJOURNMENT Mr. Carlson moved meeting be adjourned at 10;05 p.m., stating there would be an executive session held on Thursday, September 6, 1984 at 4:00 p.m.. Mr. Daily seconded. Carried unanimously. ATTEST: Rose E. Aldag Town Clerk