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M 01-03-84TOWN OF LOS GATOS CALIFORNIA TOWN COUNCIL/PARKING AUTHORITY AGENDA JANUARY 3, 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. EXECUTIVE SESSION Mayor Ferrito announced that no Executive Session was held prior to the Council meeting. PRESENTATION Mayor Ferrito presented Vern Bowen, (Building Inspector retiree) with a plaque for outstanding service to the Town and the Community. APPOINTMENTS COMMUNITY Services AND DEVELOPMENT COMMISSION It was noted that there are three vacancies on the Community Services and Development Commission and applications for the vacancies were received from Eugene Westphalen, Catherine Little, Harry J. Spence. None of the applicants were present for interviews. After some discussion, Mr. Ventura moved for appointment of the three applicants. Mr. Daily seconded. Mr. Carlson questioned the appointments of all three applicants due to lack of interviews. Mr. Ventura withdrew his motion and Mr. Daily withdrew his second. Mr. Carlson moved to reappoint the two incumbents, Mr. Westphalen and Ms. Little and notify Mr. Spence of Council procedures regarding interviews prior to appointments. Mrs. Benjamin seconded. Carried unanimously. ADDED AGENDA ITEM It was consensus of Council to add agenda item 2(j). Letter from Dennis Chambers, regarding operation of Walgreens at 444 N. Santa Cruz Avenue. BID AWARD PROJECT 288-PF BOCCI BALL COURT IMPROVEMENTS Mr. Carlson moved to accept staff recommendation and award the bid for the Bocci Ball Court Improvement to New Construction based on their bid of $31,539.78, and appropriate $33,000.00, from the Park tax Override Fund. The figure of $33,000.00, was confirmed by the Town Manager. Mrs. Benjamin seconded. Carried unanimously. COMMUNICATIONS (referral/file) Discussion was held regarding responses to communications. Mayor Ferrito stated as policy, beginning now, to have staff acknowledge receipt of letters and then to notify each as to action taken by Council. Mrs. Benjamin moved to approve staff recommendation on the following and staff notify all as to action taken. a-c Letter from Dick Wichman, Mrs. H. Black and Mrs. J. Freeman regarding the San Benito/Andrews traffic diverters. Note and file. d.Letter from D. Faries regarding Hearst Cablevision. Staff to respond. e.Letter from Mrs. Thrift regarding Preferential Parking. Mr. Carlson wishes response to this letter. f.Letter from Norman DeChauron regarding proposed art show. Refer to Cultural Resource Commission for report and recommendation to Council February 6, 1984. g.Letter from Mrs. David Doran regarding Hearst Cablevision policy on VCR's. Refer to Town Attorney for report to Council 1/16/84. h.Letter from W. Leslie Pelio regarding zoning at 16673 Lark Avenue. File for consideration during General Plan Study Session. i.Letter from Robert Cowan regarding CSDC reappointment. Refer to staff for drafting of appropriate Resolution of Appreciation. j.Letter from Dennis Chamber, voicing his support for the operation of a Walgreens retail operation at 444 N. Santa Cruz Avenue. Refer to Planning Commission. Mr. Daily seconded. Carried unanimously. PUBLIC HEARING SCHEDULE Council information. NEEDS ASSESSMENT 1983 Informational report for Council. HEARST CABLEVISION IMPROVEMENT PLAN Mr. Gene Musselman, Executive Vice-President of Hearst Cablevision, addressed the Council on reason for seeking approval of proposed signal improvement plan as outlined. He stated this is due to meeting technical provision of Franchise agreement. Discussion was held as to whether further information is needed. Mr. Ventura moved this be continued for two weeks. Motion died for lack of second. Mrs. Benjamin moved to accept the proposed signal improvement plan. Mr. Carlson seconded. Carried by a vote of four ayes. Mr. Ventura voting no. MAGNESON NO. 4 ANNEXATION Mrs. Benjamin moved to accept staff recommendation and authorize staff to advise LAFCO as follows: 1.The Town has written to all non-consenting property owners urging them to consent to the proposed annexation. 2.The Town will not risk the possibility of an election in this area. 3.The Town will not enter into an agreement to sere the remaining unincorporation parcels. Mr. Daily seconded. Carried unanimously. NOTICE OF COMPLETION Mrs. Benjamin moved Council approve the Certificate of Acceptance and Notice of Completion for Project 265-GF, Santa Cruz Avenue/Main Street and University Avenue signal modification. Mr. Daily seconded. Carried unanimously. BLOSSOM HILL NO. 18 ANNEXATION Mrs. Benjamin moved for adoption of Resolution No. 1984-1, entitled, A RESOLUTION APPROVING THE ANNEXATION OF CERTAIN UNINHABITED TERRITORY DESIGNATED AS BLOSSOM HILL NO. 18 TO THE TOWN OF LOS GATOS. Mr. Daily seconded. Carried unanimously. PROJECT 292 TRAFFIC SIGNAL IMPROVEMENTS AT LARK AVENUE & hIGHWAY 17 Discussion was held regarding earlier request for crosswalk in this area. Mrs. Benjamin moved to accept staff recommendation and approve the concept plan and direct staff to proceed with final plans and specifications. Mr. Daily seconded. Carried unanimously. AMERICAN RED CROSS AGREEMENT Mrs. Benjamin moved for adoption of Resolution No. 1984-2, entitled, A RESOLUTION APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE TOWN OF LOS GATOS AND THE AMERICAN RED CROSS, SANTA CLARA VALLEY CHAPTER. Mr. Daily seconded. Carried unanimously. 1984 COUNCIL MEETING SCHEDULE Information for Council. PLANNING MONTHLY REPORT Mrs.Benjamin moved to accept Planning Department/Planning Commission monthly report for January, 1984. Mr. Daily seconded. Carried unanimously. COUNTY REFERRAL Mrs. Benjamin moved to accept staff recommendation as follows: 1871-33-44-833CC-83B-83G 16420 Soda Spring Road Shoemaker-Prelim. Grading As application does not define the proposed grading, Town recommends the application be denied and the applicant be directed to fully describe the proposal. Mr. Daily seconded. Carried unanimously. FEDERAL CABLE LEGISLATION HR 4103 Mrs. Benjamin moved that Council formally oppose HR 4103 and communicate that opposition to area legislators. Letters be sent to both Congressmen Mineta and Edwards, as suggested by Mayor Ferrito. Mr. Daily seconded. Carried unanimously. COMMUNITY PROGRAMS TRANSFER Mrs. Benjamin moved to accept staff recommendation and approve the intradepartment transfer of $3,000.00, from the Housing Stock Survey Program to the Job Search Program. Mr. Daily seconded. Carried unanimously. HOUSING ASSISTANCE PLAN Mrs. Benjamin moved the Council approve the October, 1982 to September, 1985, Housing assistance Plan for submittal to the County to be forwarded to the U.S. Department of Housing and Urban Development. Mr. Daily seconded. Carried unanimously. NAME CHANGE FOR COMMUNITY PROGRAMS DEPARTMENT Mrs. Benjamin moved to approve the request from the Community service and Development Commission to change the name of their Commission to Community Services Commission and change the name of the Community Programs Department to Community Services Department. Mr. Daily seconded. Carried unanimously. MINUTES APPROVED Mrs. Benjamin moved minutes of December 5, 1983, be approved as corrected. Mr. Carlson seconded. Carried unanimously. Mrs. Benjamin moved for approval of December 12, 1983, minutes as submitted. Mr. Carlson seconded. Carried unanimously. COMMUNICATIONS (for action) a.Alcoholic Beverage License application for 15950 Los Gatos Boulevard. Planning Director noted correspondence has been sent to this applicant telling them of the Town's requirements and until these requirements are met the ABC Board has been notified to hold up their application. No action taken. Informational for Council. b.Alcoholic Beverage License application for 430 N. Santa Cruz Avenue. Planning Director stated the same correspondence had been sent to this applicant but ABC Board had later informed him that if this business goes in prior to February these conditions are not required and application will be processed. No action taken. Informational for Council. c.Letter from E. Gary Schloh regarding Wilson gate off aztec Road. Mrs. Benjamin moved to authorize the Town Engineer to issue a Revocable Permit for the Wilson gate, subject to any conditions of Architecture and Site approval and the requirements of the Police and Fire Departments. Mr. Carlson seconded. Carried unanimously. d.PG&E Rate Revision Application 83-12-03 was received. Mr. Ventura moved that Council take no position on the application. Mrs. Benjamin seconded. Carried unanimously. e.K2 Corporation correspondence regarding Gem Convalescent Hospital. Mr. Ventura moved Council direct staff to prepare a policy statement on issuance of Industrial Development Bonds (IDB) for Council review at the meeting of February 6, 1984. Mrs. Benjamin seconded. Carried unanimously. f.Letter of resignation from Sister City Committee from R.J. Cooney. Mr. Ventura moved resignation be accepted with regret and the appropriate Resolution of Appreciation be prepared and staff be authorized to advertise the vacancy on the Sister City Committee. Mrs. Benjamin seconded. Carried unanimously. g.Letter from Christopher Menkin regarding "NO PARKING" sign on Wood road. Mr. Daily moved for adoption of Resolution No. 1984-3 entitled, PARKING PROHIBITION - WOOD ROAD. Mr. Ventura seconded. Carried unanimously. h.Letter from Corinthian Coach Limousine service requesting permission to conduct such business in the Town of Los Gatos. Mrs. Benjamin moved Council schedule a public hearing for February 6, 1984, to consider the application for a Certificate of Public Convenience and Necessity. (This is required by Section 29- 23 of the Town Code). Mr. Carlson seconded. Carried unanimously. i.Communication from City of Monte Sereno regarding traffic improvements in the andrews Street area. Betty Jones, 120 Olive Street, presented a petition to Council signed by 70 residents requesting Council to not relocate or place any barricades on San Benito Avenue, especially not at Olive Street and San Benito Avenue. Mrs. Black, 115 Fancher Court, also spoke on this issue and favored the comments of Mrs. Jones. Mr. Don Wimberly, City Administrator and Engineer of the City of Monte Sereno. Discussion was held on moving of the diverters on San Benito and the Monte sereno proposal, placement of stop sign at every intersection on San Benito Avenue. Mrs. Benjamin moved to accept Monte Sereno's proposal and Council reaffirm their decisions of the December 5, 1983, meeting with the exception that the San Benito/Olive Street Diverter be moved on San Benito South of Thurston Avenue and after ninety day period this matter be set for a public hearing. Mr. Carlson seconded. Carried unanimously. The Town Manager stated hearing would be scheduled for the April 16, 1984, meeting. PROPOSED PARKING FEES AT OAK MEADOW PARK Mrs. Benjamin moved Council accept staff recommendation and set public hearing for February 21, 1984, and Council requests information on County Policy on parking fees at Vasona on weekdays in the summer. Mr. Ventura seconded. Carried unanimously. NOVEMBER WARRANT DEMANDS Mrs. Benjamin moved for approval of the November, 1983, warrant demands. Mr. Ventura seconded. Carried unanimously. NOVEMBER FINANCIAL STATEMENTS Mrs. Benjamin moved for acceptance of the November, 1983, Financial statements from the Office of Town Clerk. Mr. Carlson seconded. Carried unanimously. DECEMBER PAYROLL Mrs. Benjamin moved for approval of December, 1983, payroll. Mr. Carlson seconded. Carried unanimously. TREASURER'S REPORT Mrs. Benjamin moved for acceptance of the November, 1983, Treasurer's Report. Mr. Daily seconded. Carried unanimously. ILLEGAL REMOVAL OF TREES Mayor Ferrito stated this was the time and place duly published for public hearing regarding the illegal removal of protected trees in the Town. Mr. Ventura reported that the subcommittee of Planning Commissioners, Mr. Bryant and himself have met and now have a policy statement to handout to applicants as they come in and are now working on amendments to the Ordinance and should be back to Council with recommendations in the near future. No one else wished to speak on this issue, Mrs. Benjamin moved hearing be closed. Mr. Carlson seconded. Carried unanimously. Mrs. Benjamin moved to return this matter to the Planning Commission for a new public hearing to consider amendments to the tree ordinance recommended by the landscape committee. Mr. Carlson seconded. Carried unanimously. FEE SCHEDULE PERMITS OF STORAGE OF HAZARDOUS MATERIALS Mayor Ferrito stated this was the time and place duly published for public hearing to establish a fee schedule for permits for the storage of Hazardous Materials. Mr. Carlson spoke on his concerns regarding spills and liability of the Town. Town attorney, Levinger, stated there is an immunity in Government Code that would cover that enforcement of the law. No one else wished to speak on this issue, Mr. Daily moved hearing be closed. Mrs. Benjamin seconded. Carried unanimously. Mr. Daily moved for adoption of Resolution No. 1984-4 entitled, RESOLUTION ESTABLISHING A FEE SCHEDULE FOR PERMITS FOR THE STORAGE OF HAZARDOUS MATERIALS. Mrs. Benjamin seconded. Carried unanimously. HCDA TENTH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT Mayor Ferrito stated this was the time and place published for the second hearing for the HCDA Tenth Year Community Development Block Grant. The director of Community Services, Jill Cody, reported on recommendation of the Community Services and Development Commission which is as follows: Project Town's County's Discretionary Competitive Funds Pool ------------------------------------------------------------------------------------------------------------ ---- 1.Community Housing Developer/ $ 50,000.00 $ 46,000.00 Senior Citizen Group Home II 2.Los Gatos Housing Conservation 100,000.00 -0- Program 3.Los Gatos High School Handicapped access 3,000.00 -0- 4.Youth Employment Program 6,000.00 -0- 5.Live Oak Adult Day Care 6,000.00 -0- Center 6.Teen Health Place 5,000.00 -0- Mrs. Benjamin questioned if High School could complete their handicapped access ramp with funds of $47,500.00, Jill Cody stated it could not finish with only those funds. Dr. Paul Collins of the Los gatos High School spoke on slow progress of installing handicapped ramp and asked that another $20,000.00 be set aside for this. Jim Lewis, gave a summary of what has been spent regarding handicapped access, curb cuts, etc., and suggested the possibility that the Town allocate more money to the High School contingent upon their performance. Lois Chapson and Mardi Bennett also spoke. No one else wished to speak, Mr. Ventura moved hearing be closed. Mrs. Benjamin seconded. Carried unanimously. Further discussion was held on what distribution of funds should be designated for each of the projects. Mr. Daily moved to accept staff recommendation's in the amounts as recommended for Project's 1, 4, 5, and 6. Mr. Ventura seconded. Carried unanimously. Mrs. Benjamin moved to allocate $80,000 for Project #2, Los Gatos Housing conservation Program and 20% be reserved to be available for rehabilitation of structures of Historical significance. Project #3, be renamed to Community Handicap Access, as suggested by Mr. Ventura and $23,000, be allocated to the project contingent on the High School completing their handicap access in a timely manner or money will revert back to the Town for allocation; request performance report from the School District by June 1, 1984, as suggested by Mr. Daily and Mr. Carlson. Mr. Carlson seconded. Carried unanimously. VERBAL COMMUNICATIONS Harry Cohen spoke to Council on need for more street lighting on E. Main Street and of the broken sidewalks and curbs that need repair. BLOSSOM HILL MANOR ANNEXATION The Town Manager, Mr. Mora, reported that State of California Legislation has provided the Town the opportunity to annex territory without application and hearing by the Santa Clara County Local agency Formation Commission. The process is initiated by the Town rather than by a petition filed by property owners. After further discussion, Mr. Daily moved for adoption of Resolution No. 1984-5 entitled, A RESOLUTION INITIATING PROCEEDINGS AND MAKING DETERMINATIONS FOR THE ANNEXATION OF CERTAIN INHABITED TERRITORY DESIGNATED S BLOSSOM HILL MANOR - ISLAND ANNEXATION TO THE TOWN OF LOS GATOS. Mr. Carlson seconded. Carried unanimously. The public hearing for the annexation will be scheduled for February 6, 1984. All property owners will be notified of said hearing 15 days before the hearing. AUDITORS FINANCIAL STATEMENT Mr. Ventura moved to accept the financial statements for June 30, 1983, as submitted by the Town Auditors, Arthur Andersen & Co. Mrs. Benjamin seconded. Carried unanimously. CONSTRUCTION TAX ORDINANCE AMENDMENT Mr. Ventura moved reading be waived for AN ORDINANCE AMENDING CHAPTER 15 OF THE TOWN CODE RELATING TO CONSTRUCTION TAX. Mr. Daily seconded. Carried unanimously. The Town Clerk read title. Mr. Ventura moved for introduction of said ordinance. Mr. Daily seconded. Carried unanimously. INITIAL STUDY CONSULTANTS SELECTION COMMITTEE Mayor Ferrito appointed Mr. Carlson for the Initial Study Consultants Selection Committee. 1984-85 PRIORITY LIST OF HIGHWAY PROJECT Mr. Ventura moved to accept staff recommendation and authorize the Mayor to write a letter to the County Board of Supervisors requesting that they reconsider or clarify their 1984-85 recommended priority list of highway projects for the State Highway system in Santa Clara County; authorize the Mayor to write a letter to our legislators and the other Santa Clara County cities urging them to oppose the recommended priority list. Mrs. Benjamin seconded. Carried unanimously. BUSINESS LICENSE TAX CLARIFICATION Discussion was held on the clarification of the Business License Tax Ordinance regarding categories that deal with the tax on professional and semi-professional occupations, and the tax on commercial rentals. Mrs. Benjamin moved this be continued for two weeks to allow Chamber of Commerce to review. Mr. Daily seconded. Carried by a vote of three ayes. Mr. Ferrito and Mr. Ventura abstained due to their having professional offices in the Town. COUNCIL REPORT Mr. Ventura reported to Council on the meeting of Sanitation District #4. ADJOURNMENT Mayor Ferrito declared the meeting adjourned at 10:00 p.m. ATTEST: Rose E. Aldag Town Clerk