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M 02-19-85TOWN OF LOS GATOS CALIFORNIA TOWN COUNCIL/PARKING AUTHORITY AGENDA FEBRUARY 19, 1985 TOWN COUNCIL The Town Council and the Parking authority met in a joint meeting in the Council Chambers of the Town Hall at 7:30 p.m., in regular session. ROLL CALL PRESENT:Eric D. Carlson, Thomas J. Ferrito, Brent N. Ventura, and Vice-Mayor Terrence J. Daily. ABSENT:Mayor Joanne Benjamin EXECUTIVE SESSION The Town Attorney, Mary Jo Levinger, stated at the close of the February 4, 1985 Council meeting, Council met in executive session and discussed litigation and labor relations. No action was taken. The Town Attorney also stated prior to this Council meeting executive session was held and litigation of Norga vs. Town of Los Gatos was discussed pursuant to Government Code Section 54956.9A. The case was authorized for settlement in the amount of $203.33. Labor relations were also discussed, no action was taken. PLEDGE OF ALLEGIANCE Given by all in attendance. SISTER CITY COMMITTEE Dale Chambers, Chairman of the Sister City Committee, presented the Town on behalf of Chung-Ho, Taiwan, with a book on Free China and a Landscape painting. These will be in the Library. WRITTEN COMMUNICATIONS (referral/file) a.Letter of thanks received from the Rotary Club of Los Gatos regarding the success of the Great Saratoga to Los Gatos Race. Note and file. b.Letter from Greyhound Lines regarding discontinuance of direct service between Monterey and Los Gatos. Note and file. Staff has advised Greyhound Lines of Mrs. Horan's address. c.Letter from Trinity Investment Co. regarding proposed signal at 16458 Los Gatos Boulevard. Mr. Carlson moved to refer to staff for report at the March 4, 1985 Council meeting. Mr. Ventura seconded. Carried unanimously. d,Letter and petition from Diane Hembry regarding a 4-way stop sign t the intersection of Marchmont and Hilow. Mr. Carlson moved to refer to staff for report at the March 4, 1985 Council meeting. Mr. Ventura seconded. Carried unanimously. PARKING COMMISSION ACTIVITY REPORT Council informational report. 1984 HIGH ACCIDENT LOCATION REPORT Council informational report. Mr. Ferrito requested that an accident history report be included in the appeals report, and a copy of the report is to be set to the Planning Commission. TOXIC MATERIALS REPORT Council informational report. VACATION OF RIGHT-OF-WAY 16490 HARWOOD RD Mr. Carlson moved to adopt resolution No. 1985-21 entitled, A RESOLUTION OF INTENTION TO VACATE EXCESS PORTION OF A PUBLIC THOROUGHFARE - ASSESSOR'S PARCEL NUMBERS 567-18-52 AND 567-18-53 (16490 HARWOOD ROAD) FOR PUBLIC ROAD PURPOSES; and direct the Town Clerk to advertise the notice 15 days prior to the hearing; refer the matter to the Planning commission for determination that the proposed vacation is not contrary to the General Plan; and approve staff recommendation to charge only the $300 processing fee for vacation of the land. Mr. Ventura seconded. Carried by a vote of three ayes. Mr. Ventura voted no. SCHEDULE OF PUBLIC HEARING Council informational report. COUNTY REFERRALS Mr. Carlson moved to accept staff recommendation on the following: 1259-34-43-80CC-80B-85A 15300 Soda Springs Rod Lesson Architectural and Site approval for radio tower Mr. Lessons answered Councils questions. Mr. Ventura requested more landscaping. Mr. Carlson moved to reconsider this item. Mr. Ventura seconded. Carried unanimously. Mr. Ventura moved to communicate to the County that the Town has no objection to the tower itself and requests additional landscaping be required as condition of approval. Mr. Carlson seconded. Carried unanimously. 2375-26-52-85V Overlook Road Fink Variance Recommends that the County deny the variance. 1423-34-51-81B-81G-85B-85G Shannon Road Tavares Site approval and grading application Recommends this application be referred back to County of Santa Clara for completion of the required items as noted below and not be referred until the application for design review has been filed, and the grading for this site be in conformity with the Town's proposed grading ordinance. Mr. Ventura requested if there is a road advise County the Town wants a dedication. 2131-34-51-84SP 14790 Sky Lane Pritchard Special Permit, Secondary Dwelling The County Planning Commission' decision has been appealed to the Board of Supervisors. It will be heard February 26, 1985. Mr. Ventura seconded. Carried unanimously. TREE TRIMMING 233 EDELEN AVE. Mr. Carlson moved to direct staff to advise Jeanne Wilson that her request for tree pruning should be handled through the property owner at 233 Edelen Avenue. Mr. Ventura seconded. Carried unanimously. JEWISH COMMUNITY CENTER WALKATHON Withdrawn from the agenda as requested by applicant. SAN BENITO STREET CLOSURE PROJECT 304 Mr. Carlson moved to authorize the Mayor to execute and the Town Clerk to record a Notice of Completion and Certificate of Acceptance for San Benito Street Closure, Project 304. Mr. Ventura seconded. Carried unanimously. STREET RESURFACING PROJECT 301 Mr. Carlson moved to authorize the Mayor to execute and the Town Clerk to record a Notice of Completion and Certificate of Acceptance for Street resurfacing, Project 301. Mr. Ventura seconded. Carried unanimously. FORBES MILL CONDOMINIUMS TRACT 6700 Mr.Carlson moved to authorize the Mayor to execute and the Town Clerk to record a Notice of Completion and Certificate of Acceptance for Forbes Mill Condominiums, Tract 6700. Mr. Carlson seconded. Carried unanimously. NATIONAL AVENUE AND ASSOCIATES (PENNINGTON) TRACT 7416 Mr. Carlson moved to authorize the Mayor to execute and the Town Clerk to record a Notice of Completion and Certificate of Acceptance for National Avenue and Associates (Pennington), Tract 7416. Mr. Ventura seconded. Carried unanimously. SUPPORT AB-216 Mr. Carlson moved to adopt Resolution No. 1985-22 entitled, A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS SUPPORTING AB- 216. Mr. Ventura seconded. Carried unanimously. POLLARD ROAD PEDESTRIAN/BICYCLE PATHWAY PROJECT 308 Mr. Carlson moved to adopt resolution No. 1985-23 entitled, RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS APPROVING PLANS AND SPECIFICATIONS FOR PROJECT 308 - POLLARD ROAD PEDESTRIAN/ BICYCLE PATHWAY; and authorize the Clerk to advertise for bids to be received on March 20, 1985 at 3:00 p.m. Mr. Ventura seconded. Carried unanimously. POLICE DEPT. COMMUNICATIONS CENTER IMPROV. PROJECT 306 Withdrawn from the agenda. SALARY AND POSITION CONTROL Mr. Carlson moved to adopt Resolution No. 1985-24 entitled, A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS RESCINDING CERTAIN PRIOR RESOLUTIONS AND ADOPTING SCHEDULES OF AUTHORIZED POSITIONS AND SALARIES FOR FISCAL YEAR 1984-85. Mr. Ventura seconded. Carried unanimously. MOBILE HOME PARK STUDY Council informational report. MINUTES FEBRUARY 4, 1985 Mr. Ferrito requested correction on page 8, subject GENERAL PLAN, to read, ". . . neither of which are acceptable to him and one of which is acceptable to Council." Mr. Carlson requested correction on page 5, subject SUPPLEMENTAL APPROPRIATION FOR PURCHASE OF CHECKS & CHECK SIGNER to read, "The purchase of the check signer machine should be discussed later because this is a complicated issue related to . . . ". Vice-Mayor Daily requested correction on page 6, subject CHANGE OF VARIOUS FEES & CHARGES, to read, ". . . if appeal was made against the applicant they are still entitled to $250.00 refund". Deleting "or issue" from sentence. Mr. Ferrito moved minutes be adopted as corrected. Mr. Carlson seconded. Carried unanimously. JANUARY, 1985 FINANCIAL STATEMENTS Mr. Ventura moved to approve the January,1985 Financial Statements. Mr. Ferrito seconded. Carried unanimously. JANUARY, 1985 WARRANTS Mr.Carlson moved to approve the January, 1985 Warrant demands in the amount of $518,374.90. Mr. Ventura seconded. Carried unanimously. FEBRUARY 15, 1985 PAYROLL AND WITHHOLDINGS Mr. Carlson moved to approve the February 15, 1985 payroll in the amount of $49,846.27 and $6,296.08 in accounts payable for various withholdings. Mr. Ventura seconded. Carried unanimously. TREASURER'S REPORT FOR JANUARY, 1985 Mr. Carlson moved to accept the Treasurer's Report for January, 1985. Mr. Ventura seconded. Carried unanimously. Mr. Ferrito moved to reconsider the motion. Vice-Mayor Daily seconded. Motion fails with 2 ayes, 2 no votes and one absent. Mr. Carlson moved to accept the Treasurer's Report for January, 1985 and communicate to the Treasurer the investment policy is not the Towns but the Treasurers investment policy. Mr. Ventura seconded. Carried by a vote of three ayes. Mr. Ferrito voted no and Mayor Benjamin was absent. OLD TOWN THEATER Ethel Worn of the Cultural Commission was present to answer Councils questions. There will be a meeting regarding the theater on February 26, 1985 at 7:00 p.m. in room 214 of the Neighborhood Center. Mr. Carlson volunteered as a member of the a subcommittee. Mr. Carlson moved to ask the Commission to proceed and one or more Council members be assigned to the Committee. Mr. Carlson volunteered. Mr. Ventura seconded. Vice-Mayor Daily also volunteered for the committee. Carried unanimously. DRAMA IN SCHOOLS Ethel Worn of the Cultural Commission answered Council's questions. Mr. Ventura moved to approve funding of a two-year program to bring drama to schools in the Los Gatos Elementary School District not to exceed $1,000.00 from FY 1984=85 Cultural Commissions budget. Mr. Ferrito seconded. Carried unanimously. ZONING ORDINANCE RE HANDICAPPED PARKING SPACES Vice-Mayor Daily stated this was the time and place duly published for public hearing to consider Planning Commission's recommendation on Zoning Ordinance Amendment A-84-4 regarding parking lot improvements in relationship to required handicapped accessible parking spaces. Mr. Bowman, Planning Director,spoke on his report. Mr. Lewis, from audience, spoke on concerns of handicap parking spaces. The Town Attorney clarified sections of the proposed ordinance. No one else in the audience wished to speak on this issue. Mr. Ferrito moved the public hearing be closed. Mr. Ventura seconded. Carried unanimously. Mr. Ventura moved reading be waived for an ORDINANCE AMENDING THE ZONING ORDINANCE OF THE TOWN OF LOS GATOS RELATING TO PERMITS REQUIRED FOR PARKING LOT IMPROVEMENTS; RELATIONSHIP OF REQUIRED HANDICAPPED ACCESSIBLE PARKING SPACES AND REQUIRED NUMBER OF PARKING SPACES. Mr. Ferrito seconded. Carried unanimously. Deputy Clerk read title. Mr. Ventura moved Ordinance be introduced and made the finding that the ordinance amendment is consistent with the General Plan. Mr. Ferrito seconded. Carried unanimously. CERTIFICATE OF PUBLIC CONVENIENCE & NECESSITY FEE & LICENSE FEE Vice-Mayor Daily stated this was the time and place duly published for public hearing to consider the establishment of a fee schedule for Certificate of Public Convenience and Necessity; fee for issuance of taxicab driver's license (application fees and annual renewal fees) in the Town of Los Gatos. Mr. Mora spoke on the report and stated the ordinance from item 27 is for introduction and hold off on adopting the resolution until after the ordinance is effective which would be 30 day after March 4th. Mr. Ventura question not investigating applicants. When looking at the fees he noted some investigation is being charge for. The fee is for fingerprint check with the state and staff time. Chief Acosta stated the turn over of applicants would take up too much time. No one else wished to speak on this issue. Mr. Ventura moved public hearing be closed. Mr. Carlson seconded. Carried unanimously. Mr. Ferrito moved reading be waived for AN ORDINANCE AMENDING CHAPTER 29 OF THE TOWN CODE RELATING TO THE REGULATION OF TAXICABS DELETING REGULATION OF RATES PER MILE AND OTHER CHARGES; DELETING TOWN RESOLUTION OF FARE DISPUTES AND CERTAIN OTHER PROVISIONS; INCREASING INSURANCE REQUIREMENTS; SPECIFYING CERTAIN OFFENSES REQUIRING REJECTION OF DRIVER LICENSE APPLICATION; PROVIDING FOR APPEAL TO COUNCIL FROM REVOCATION OF TAXICAB DRIVER'S LICENSE. Mr. Carlson seconded. Carried unanimously. Deputy Clerk read the title. Mr. Carlson moved Ordinance be introduced. Vice-Mayor Daily seconded. Carried by a vote of two ayes. Mr. Ventura voted no. Mr. Ferrito abstained, he agrees with Mr. Ventura in that he feels very uncomfortable without having the people working in our city without a thorough background investigation and abstained only to move this along. Mayor Benjamin was absent. ILLEGAL SUBDIV. 16 & 16 l/2 CLIFTON AVENUE Vice-Mayor Daily stated this was the time and place duly published for public hearing to consider the appeal of the Planning Commission's determination that the property at 16 & 16 l/2 Clifton Avenue has been illegally subdivided and instructing the Town Attorney to record a notice of violation pursuant to Government Code section 66499.36. (Subdivision Application M-84-13). Mr. Bowman spoke on the report. Mr. Zapf, Town Engineer, and the Town Attorney answered Councils questions. Jeff Widman, attorney for the Craffords, spoke in support of the appeal. No one else wished to speak on this issue. Mr. Ventura moved public hearing be closed. Mr. Carlson seconded. Carried unanimously. Mr. Carlson finds that they illegally subdivided is, in fact, incorrect. Therefore Mr. Carlson moved to grant the appeal based on the fact that there has not been an illegal subdivision, there is, in fact, only one parcel. Mr. Carlson withdrew his motion. Mr. Ventura moved the Planning Commission made the correct decision and finds no grounds they erred in their decision and moved to affirm their decision. Motion died for lack of second. Carried by a vote of three ayes. Mr. Carlson voted no, he doesn't believe there has been a violation of the subdivision map act. The Town Attorney is to prepare a resolution for Council consideration at the meeting of March 4, 1985. VERBAL COMMUNICATIONS Perry Gardner, 215 University; Joy Miller, 222 University; Steve Myers, 251 University; Mrs. Hincenberg, 205 University; Mr. Rhodes, 230 University; and Bob Curtis, 315 University all spoke on the assessments made in the University Avenue Utility Undergrounding. Mr. Charles Moore spoke on concerns of upgrading the existing public transportation systems. RECESS Vice-Mayor Daily declared a ten minute recess. Meeting reconvened at 10:10 p.m. AMENDING CHAPTER 5 - ANIMALS AND VEHICLES Mr. Ferrito moved reading be waived for ORDINANCE AMENDING CHAPTER 5 OF THE TOWN CODE RELATING TO ANIMALS AND VEHICLES. Mr. Carlson seconded. Carried unanimously. Deputy Clerk red title. Mr. Ferrito moved to introduce the ordinance. Mr. Carlson seconded. Carried unanimously. AMENDING HOME OCCUPATION BUSINESS LIC. Mr. Ferrito moved reading be waived for AN ORDINANCE OF THE TOWN OF LOS GATOS INCREASING THE EXEMPTION FROM THE BUSINESS LICENSE TAX ON ALLOWABLE GROSS RECEIPTS FROM A HOME OCCUPATION FROM $500/YEAR TO $2500/YEAR. Mr. Ventura seconded. Carried by a vote of three ayes. Mr. Carlson abstained because his wife has a home occupation permit. Deputy Clerk read title. Mr. Ferrito moved that the Ordinance be introduced. Mr. Daily seconded. Carried by a vote of two ayes. Mr. Ventura voted no, he felt the limit should be greater. Mr. Carlson abstained and Mayor Benjamin was absent. SIGNING OF WARRANTS Robert Hamilton 368 Bella Vista Avenue, spoke on concern of (1) the Clerk has been lumped with the Treasurer, (2) and use of the word "refusal", and (3) a time should be stated. After discussion by Council Mr. Carlson moved the ordinance e sent back to staff for the following: separate the procedure, in the case of the Clerk or Treasurer because they are different; and in case the Treasurer doesn't sign within the prescribed period then the Mayor or Vice-Mayor "may sign" as opposed to "shall sign". Mr. Ventura seconded. Carried unanimously. USE OF CHECK/WARRANT FORMS Mr. Ventura moved for adoption of Resolution No. 1985-25 entitled A RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE USE OF CHECK/WARRANT FORMS. Mr. Carlson seconded. Carried unanimously. PAYROLL AND WARRANT CHECK This resolution was returned to staff to add that the check will be available for the Treasurer by 11:30 a.m. thursday. This means the checks will be signed by the Clerk by 11:30 a.m., thursday. It was by consensus motion of Council to bring this item back to Council at the next meeting. GRADING ORDINANCE Mr. Ventura requested this item be continued and staff to review specific provisions of the Ordinance. He questioned if it would not be a lot easier if this would be a civil penalty rather than a misdemeanor. By consensus motion this item was returned to staff for a report back to Council. PLANNING DEPT. & COMMISSION PROCEDURES Mr. Ventura moved to approve a $4,000 General Fund appropriation for the Planning Department; approve the actions listed as "short-term actions" as to Planning Department and Commission policies; and return with a follow-up report in three months. Mr. Daily seconded. Carried unanimously. NON-CONFORMING USE STUDY DRAFT NOTICES Discussion on the non-conforming use notices submitted for Council consideration. It was the consensus of Council that draft notice A be sent by certified mail. The remaining notices regarding downtown parking deficiencies are to be sent to the Parking Commission for recommendation and returned to Council March 4, 1985. 84/85 CAPITAL IMPROVEMENT STATUS REPORT Mr. Carlson moved authorize staff to solicit proposals for consultant services at a cost of approximately $65,000.00. Noting that there is no additional funds being authorized. Mr. Ventura seconded. Carried unanimously. ROUTE 17 Council informational report. APPOINTMENTS CENTENNIAL COMMITTEE Mr. Ventura reported that there are three vacancies on the Centennial Committee. Kathy Tuttle, Kathie Gaylord, and Peter Carter are recommended to fill the vacancies. Mr. Carlson moved to appoint Kathy Tuttle, Kathy Gaylord, and Peter Carter to the Centennial Committee. Mr. Ferrito seconded. Carried by a vote of three ayes. Mr. Ventura abstained and Mayor Benjamin was absent. ROUTE 17/VASONA LINE CORRIDOR Discussion was held on the resolution concerning Route 17/Vasona Line Corridor. Mr. Ventura reported the prime corridors for transit (public and rail transit in Santa Clara County) are (1) Fremont South Bay Line; (2) Existing Caltrans line; and (3) using Vasona Corridor as a light rail line. Of the three possibly two will be funded. Hwy 17 traffic will double in the next 15 to 20 years. The Town has gone on record opposing of any widening of 17 south of Lark Avenue. The Town can anticipate traffic problems and pressure to widen 17 through town unless alternative means of transportation. He recommends the adoption of resolution entitled, RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS REQUESTING THE TRANSPORTATION 2000 STEERING COMMITTEE AND SANTA CLARA COUNTY BOARD OF SUPERVISORS TO SELECT THE HIGHWAY 17/VASONA CORRIDOR FOR FURTHER STUDY AS A POTENTIAL TRANSIT EXTENSION, some changes. After further discussion of the changes it was consensus of Council to reword the resolution and Mr. Ventura to state the intent of the Council at the transportation meeting February 20, 1985. JOINT HILLSIDE PLAN TOWN/COUNTY Discussion was held on the Joint Hillside Plan between the Town and Santa Clara County. This Plan was started in 1974 and the object was to have one plan adopted by both agencies so there would be uniformity of policies and procedures toward the hillside. This Plan was adopted by the Town in 1978 and the County in 1979. County stated they do not have to interpret the Hillside Plan the way the Town does. Mr. Ferrito requested staff report from Planning and the Attorney on the history and legal position of the Hillside Plan and send a copy to County Council and Suzanne Wilson. This was done by Council consensus. ADJOURNMENT Vice-Mayor Terrence Daily declared the meeting adjourned at 11:35 p.m., Tuesday, February 19, 1985. ATTEST: Rebecca L. Yates Deputy Town Clerk