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M 09-03-85TOWN OF LOS GATOS CALIFORNIA TOWN COUNCIL/PARKING AUTHORITY AGENDA SEPTEMBER 3, 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, Terrence J. Daily, Thomas J. Ferrito, Brent N., Ventura and Mayor Joanne Benjamin. ABSENT:None. PLEDGE OF ALLEGIANCE Given by all in attendance. EXECUTIVE SESSION REPORT Attorney Levinger reported Council had met, in executive session, at the conclusion of the August 19, 1985 Council meeting and discussed possible acquisition of property at 20 Grays Lane. No action was taken. Council met in executive session prior to tonight's Council meeting and discussed two personnel matters and no action was taken. EX-AGENDA ITEMS Manager Levin stated the following items should be added to tonights agenda: 14 a.Set public hearing for Project 316; 28.Discussion of AB 1551, and 29.Report on Transportation Commission (Ventura) APPOINTMENTS LIBRARY BOARD Mayor Benjamin stated on July 15, 1985 Council made 3 appointments to the Library Board with the intention of expanding the Board to seven members, subsequent to the Council's action, it was discovered that the Education Code limits the Board to only five members. Tonight the appointments of Wm. Balch, Alberta Stoefen and Patrick O'Laughlin will be reconsidered. Mr. Daily stated that he had talked with Mr. O'Laughlin and Mr. O'Laughlin requested that his name be withdrawn as an applicant for the Board. Mr. Ventura moved for the reappointment of the Mr. Balch and Mrs. Stoefen. Mr. Daily seconded. Carried unanimously. COMMUNICATIONS a.Letter from Santa Clara Valley Water District re Clean-up and collection of trash and debris in or on the banks of water courses. Mr. Daily moved to refer said correspondence to Director of Parks, Forestry and Maintenance for report on September 16, 1985 and the Director of Parks, Forestry and Maintenance be directed to work with the SCVW District and do a periodic check on these watercourses. Mr. Carlson seconded. Carried unanimously. b.Letter from J.W. Lenihan re new stop signs, t Westchester and Blossom Valley Dr. Mr. Daily moved to refer correspondence to Town Engineer and director of Parks, Forestry and Maintenance for report on September 16, 1985. Mr. Carlson seconded. Carried unanimously. c.PG&E application to PUC re rate adjustments to reflect Diablo Canyon Nuclear Power Plant in rates. Mr. Daily moved to refer this to acting Town Manager for letter to PUC in opposition to the proposed rate adjustment. Mr. Carlson seconded. Carried unanimously. d.Notification from Alcoholic Beverage Control of application for beer and wine license at 15704 Los Gatos Boulevard. Mr. Daily moved to refer this to Police Chief and Planning Director for reply to ABC. Mr. Carlson seconded. Carried. SCHEDULE OF PUBLIC HEARINGS Information for Council. NOTICE OF COMPLETION Mr. Daily moved Council accept Notice of Completion and Certificate of acceptance for Project 308 - Pollard Road Pedestrian/Bicycle Pathway. Mr. Carlson seconded. Carried unanimously. PARKING COMMISSION ACTIVITY REPORT Informational report for Council. PLANNING MONTHLY REPORT Informational report from Planning Commission/Planning Department. COUNTY REFERRALS Mr. Daily moved to accept staff recommendation as follows: 666-32-79CC-79B-85B NE side of Blackberry Hill Rd./Mireval Finberg Single residential dwelling Council approve the application, but place a condition on the building site approval, that no construction permits be used without design review application being submitted and approved by the Planning Department and the Town Council of the Town of Los Gatos. Mr. Carlson seconded. Carried unanimously. SECONDARY DWELLING UNITS Informational report for Council showing approved permits and number of applications received for the month of August. HOURLY EMPLOYEES SALARIES 85-86 Mr. Daily moved for adoption of Resolution No. 1985-134 entitled, MENDING RESOLUTION NO. 1985-118 SETTING HOURLY EMPLOYEE SALARIES FOR FISCAL YEAR 1985-86 (Neighborhood Center aide/Scheduler). Mr. Carlson seconded. Carried unanimously. TRANSIT ASSIST VAN SPECIFICATIONS Mr. Daily moved Council approve plans and specifications for the purchase of a van for Transit Assist use. Bids to be received by the Town Clerk by October 10, 1985 at 3:30 p.m. Mr. Carlson seconded. Carried unanimously. TRANSIT PROGRAM COORDINATOR RECLASSIFICATION Mr. Daily moved for adoption of Resolution No. 1985-135 entitled, A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AMENDING RESOLUTION NO. 1985-99. Mr. Carlson seconded. Carried unanimously. STATE MANDATED COST REIMBURSEMENT Mr. Daily moved for adoption of Resolution No. 1985-136 entitled, A RESOLUTION AUTHORIZING THE ACTING TOWN MANAGER TO NEGOTIATE AND EXECUTE A CONTRACT WITH DAVID M. GRIFFITHS AND ASSOCIATES, LTD. Mr. Carlson seconded. Carried unanimously. BOBCAT RUN Mr. Daily moved Council grant request, by the Police Officers and the Town of Los Gatos Employees Association to conduct the second annual "BOBCAT RUN" on Sunday, September 22, 1985 with the following conditions: 1.Application filed for facility use of Oak Meadow Park with a permit issued by the Parks Department; 2.Applicant to comply with safety requirements as established by the Parks Department to ensure safety of park users. 3.Applicant shall be responsible for cleanliness of race course route to include park facilities and public streets; and 4.Applicant to signa Town hold harmless agreement prior to the event. Mr. Carlson seconded. Carried unanimously. TRACT 7725 Mr. Daily moved for adoption of Resolution No. 1985-137 entitled, RESOLUTION APPROVING AND ACCEPTING FINAL MAP OF TRACT NO. 7725. Mr. Carlson seconded. Carried unanimously. PROJECT 316 Mr. Daily moved Council direct Clerk to schedule public hearing for October 21, 1985 for Project 316. Mr. Carlson seconded. Carried unanimously. AUGUST 19, 1985 MINUTES Mr. Ventura requested amendment to the minutes of August 19, 1985 as follows: Page 4 - subject - communications d. to add to Mr. Ventura's reason for abstaining is that he is a member of the Forbes Mill Museum Board. Also amended were a couple of typographical errors. Mr. Ventura moved to approve August 19, 1985 minutes as amended Mr. Ferrito seconded. Carried unanimously. COMMUNICATIONS (for action) a.Report regarding letter from Terrance Towner, Superintendent Los Gatos- Saratoga High School District requesting Town's support and cooperation in the on campus enforcement of regulations relative to stray animals, vehicle traffic and consumption of alcoholic beverages. A Police sergeant met on August 23rd with Mr. Simonson and Mr. Towner. The following resulted: 1). Motor vehicles on campus: related mainly to the Saratoga High School. Mr. Towner was informed the Police Department has enforced parking restriction on High School Court to discourage unauthorized parking. Enforcement takes place as an extension of the normal parking enforcement schedule on street adjacent to the high school. 2). Alcoholic beverages on campus: prior to receiving this letter, the Police Department was informed by Mr. Simonson of increased drinking in the front lawn area and by the tennis courts. Based on this information patrol officers were requested to spot check those areas for violations. 3). Stray animals on campus: the complaints on this issue were expressed about the Saratoga campus. AUGUST 30, 1985 PAYROLL Mr. Ventura moved for approval of August 30, 1985 payroll in the amount of $125,826.23 plus warrants relating to said payroll in the amount of $59,973.96. Mr. Carlson seconded. Carried unanimously. VOTING DELEGATES LCC CONFERENCE OCT. 6 - 9, 1985 Mr. Ferrito moved Mayor Benjamin be voting delegate for the League of California Cities Conference being held October 6th through the 9th, 1985 and Vice Mayor Daily be the alternate voting delegate. Mr. Carlson seconded. Carried unanimously. SECONDARY DWELLING UNIT PERMIT FEES Mayor Benjamin stated this was the time and place duly noted for continued public hearing to consider an amendment to fees for Secondary Dwelling unit permits. Charles Cucco, 515 University Avenue questioned the process. Mayor explained reason for the hearing, stating the fee is for cost recovery for staff processing. Discussion was held on keeping the fee at $150.00 through December, 1985. There being no one from the audience wishing to speak on this issue, Mr. Ferrito moved hearing be closed. Mr. Daily seconded. Carried unanimously. After further discussion Mr. Ventura moved for adoption of Resolution amending the Town fee schedule eliminating any application fees for processing of existing secondary units and refund be made to applicants that have paid the fee. Mr. Carlson seconded. Carried by vote of three ayes. Mr. Daily and Mr. Ferrito voted no. An appropriate Resolution will be prepared and presented for Council consideration at the next Council meeting. APPEAL - LOS GATOS UNION SCHOOL DIST. Mayor Benjamin stated this was the time and place duly noted for continued public hearing to consider the appeal of Planning Commission's action to reaffirm approval of Los Gatos Union School District Conditional Use Permit Application U-81-13. Mayor Benjamin stated for the record she had personally viewed the site as did Mr. Daily. Appellant Al Sanford, 121 Hilow Court, spoke re the Conditional Use Permit granted to the School District which provided for general office use, to be conducted from 8 to 5 and now the property is being used for what he would consider as light industry. There are large trucks coming and going at all hours which is very disturbing to the neighborhood, so he feels the Conditional Use Permit should be revoked. Mr. Sanford presented photographs showing the shipping dock, storage of equipment, on said property. Speaking for the School District was Mr. Wesley Walton, former Superintendent of the School District. He stated any additional traffic generated on this property comes from the storage of school buses. Mr. Walton answered questions of council re traffic and noises. Other persons speaking on the issue and requesting the revocation of the Conditional Use Permit were Mr. Baldwin, Norman Smith, Marvin Becker, Wanda Shay, Jane anderson and Ray DiBenedetto. Thomas O'Donnell, Trustee of School District, spoke to Council requesting since hearing the complaints he suggest the School District be given a chance to solve these problems, as they were not aware of problems prior to this. After further discussion Mr. Ventura moved hearing be continued for 60 days to allow school district committee meet with residents on Hilow Court to see if said problems can e resolved. Mr. Carlson seconded. Carried unanimously. Council also directed Town Attorney to explore definition of R. & D uses and return with report to Council. APPEAL-HIGGINS 400 BLOSSOM HILL Mayor Benjamin stated this was the time and place duly noted for continued public hearing on the appeal of Planning commission's denial for approval of plans to construct additional office building and to waive screen wall requirement on property in the "O" zone. Property is located at 400 Blossom Hill Road. Mr. Wm. Higgins, owner of the property spoke on the existing office building on said property and the need for additional building and that he is prepared to submit a modified plan which reduces the square footage on the proposed building. Mr. Higgins, also referred to the Barton Ashman report re driveway count and other traffic reports. Council voiced their concerns re higher density and traffic safety in the area. After further discussion and there being on one else wishing to speak on this issue, Mr. Ventura moved hearing be closed. Mr. Ferrito seconded. Carried unanimously. Mr. Ventura moved Council refer this matter back to the Development review Committee and Planning Commission for review of the modified proposal of a 7,000 square foot office building. Direct DRC and Planning Commission to consider either setting a traffic capacity for his particular parcel or some sort of covenant restricting future development of the parcel. Mr. Carlson seconded the motion with amendment,that the same restrictions be placed on other properties in the area. Mr. Ventura accepted the amendment. Motion carried unanimously. Council did let it be known of their concerns re left hand turns and traffic safety if there is further building in that area. Town attorney to prepare appropriate resolution and present for Council consideration at the next regular council meeting. LEXINGTON BURN AREA - RESEEDING Mr. Ventura stated he was open to idea of allocating some funds to go to the reseeding of the burn area and whether there is any consensus of Council to have staff explore that possibility. Mayor Benjamin announced that Green Mountain Project is holding a fund raising event on Saturday, September 7, 1985 and urges everyone to attend. It was also noted that the Water Conservation District has definite plans re reseeding and there are other fund raising events scheduled. Further discussion was held and no action was taken. R & D USES It was consensus of Council to refer to staff the question of definition of the R & D uses. VERBAL COMMUNICATIONS Mary Massey, resident of Villa Vasona, spoke to Council re the parking problem for residents of Villa Vasona and requested the use of property adjacent to Villa Vasona. Council informed Ms. Massey that the property in question is owned by County Parks and Recreation and instructed Ms. Massey to contact Supervisor Susanne Wilson re use of said property for parking. RENTAL MEDIATORS FEE INCREASE Discussion was held on the proposed fee increases for Co-Mediators and second hearings. Town Manager explained that the rate increase would be minimal, approximately $130.00. Discussion was held s to this not being considered at budget hearing. After further discussion Mr. Daily stated he was not willing to accept staff recommendation and moved to grant the requested change of proposed fee increases as follows: Co-Mediators Current Fee Proposed 1-10 units $40.00 $50.00 11 + units 50.00 60.00 Second hearings (1+units) 12.50 50.00 Mr. Ferrito seconded. Carried by vote of 2 ayes. Mr. Carlson voted no. Mr. Ventura and Mayor Benjamin abstained. The reason for Mayor Benjamin abstaining was that she was out or the room and did not hear all the discussion. STATE LEGISLATION SCA 27 Mr. Ventura moved Council authorize Mayor to send a telegram to State Senator Becky Morgan and Assemblyman Ernie Konnyu expressing the Town's opposition to SCA-27. Mr. Carlson seconded. Carried unanimously. Mr. Ferrito asked that the record reflect that his vote is based upon the fact that he does not believe the minority of the Council ought to dictate a decision of the full Council and that's what a 2/3 vote requires. PAGEANT GROUNDS Director of Parks, Forestry and Maintenance spoke on report of the Park Commissions review of the conceptual plans of pageant grounds behind the Civic Center. Mr. Bryant stated on the basis of approval staff is preparing a conceptual plan that would allow for selected improvements using the $15,000 seed money that will be appropriated. Also speaking on the report was Park Commission members Frank Jelinch, Laurie Kirkendall, Ardith Sams, Emma Vargo and Paul Butts. After further discussion Mr. Ventura moved Council approve the conceptual plan for Pageant Ground Improvements and authorize staff to initiate construction. Mr. Carlson seconded. Carried unanimously. YOUTH ADVISORY COMMISSION Discussion was held as to total membership of the Youth Advisory Commission. After much discussion Mr. Ventura moved to reduce the membership to ten members and allow an unspecified number of alternates for the Youth Advisory Commission and appropriate Resolution establishing this number be prepared for Council consideration at the meeting of September 16, 1985. Mr. Carlson seconded. Carried by a vote of four ayes. Mr. Ferrito abstained. SB 75 (FORAN) Information for Council COUNTY BOARD OF SUPERVISORS REPORT ON TOWN HILLSIDE PLAN Mr. Ventura reported that he had appeared at the Board of Supervisors meeting re the Town's Hillside Plan and the Board adopted the plan that was submitted by the Town with two exceptions. 1. Issue of secondary units. They reaffirmed with Los gatos that no separate secondary unit should be allowed in the hillside and referred this back to Town staff as to whether an interior secondary unit should be provided for special circumstances; and 2.- the Board also referred back to Town staff the issue of tree protection, as Board needs more information as how the Town currently handles tree protection and tree enforcement. AB 1551 Discussion was held on this bill and no action was taken. TRANSPORTATION COMMISSION REPORT Mr. Ventura reported on the Transportation Commission meeting and stating he would bring the report for Council to read and act on before the next Transportation Commission meeting. He also spoke on request of Villa Vasona people re bus service direct to Villa Vasona but Transportation Commission denied this request. It was consensus of Council to direct staff to send letter to Board of Supervisors requesting bus service to Villa Vasona. ROUTE 85 REPORT Mr. Ferrito referred to Route 85 report he had received and would like Council and staff to review said report. ADJOURNMENT At 11:00 p.m. Mr. Ventura moved to adjourn the meeting to 7:30 p.m., Monday, September 9, 1985 for public hearing on General Revenue Sharing. Mr. Daily seconded. Carried unanimously. ATTEST: Rose E. Aldag Town Clerk