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M 05-06-85TOWN OF LOS GATOS CALIFORNIA TOWN COUNCIL/PARKING AUTHORITY AGENDA MAY 6, 1985 TOWN COUNCIL The Town Council and the Parking Authority met in a joint session in the Council Chambers of the Town Hall at 7:45 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. CLOSED SESSION REPORT Town Attorney Levinger reported that Council had met in closed session on April 29, 1985 and discussed a personnel matter. Council also met in closed session prior to tonights meeting and two (2) litigation matters, as noted on the agenda, pursuant to Government Code Section 54956.9 (a) Town vs National Convenience Stores; and (b) Sharit vs Town of Los Gatos, were discussed and no action was taken. Council then discussed a labor relation matter. PRESENTATIONS Mayor Benjamin presented Resolution of Commendation to Susan Summers, for her service to the Community by serving as a member of the Los Gatos Cultural Commission. Mayor Benjamin presented proclamation proclaiming the month of May as OLDER AMERICAN MONTH. Persons accepting said proclamation were Paul Crider, Nelle Handly and Maryalice Blice representing the Live Oak Day Care Center and June Oberzil representing the Lie Oak Nutrition Center. EX-AGENDA ITEMS Mr. Ventura requested addition of item 52) Discussion of SB 1454; item 53) Discussion of the San Jose Water Works Flume. Mr. Ferrito requested addition of Item 54) Discussion of bill ACA 7 (Mountjoy). Town Manager stated item 23 will be removed from tonight's agenda. BID AWARDS UNDERGROUND STORAGE TANKS Mr. Daily moved to accept staff recommendation and award the bid for the installation of four groundwater monitoring wells to EMCON Associates in the amount of $13,300.00. It was noted this was the only bid received and EMCON Associates fully meet job specifications. Mr. Ferrito seconded. Carried unanimously. PROJECT 310 NAT'L AVE. IMPROVEMENTS & PROJECT 311 HARWOOD ROAD It was noted by staff that 4 bids were received for this project with bids ranging from low bid of $38,878.88 to high bid of $52,517.00. It was also noted a protest was filed by Norman Houge, Inc., General Contractors, stating they protested the awarding of the contract to Consolar Inc. due to Consolar Inc. not being a member of the union. Ron Zapf, Town Engineer spoke of penalty phase to contractor if he does not comply to engineers specifications. Mr. Zapf answered questions of Council re the protest. After further discussion Mr. Ferrito moved to hold the awarding of this bid and direct Town attorney to review the challenge of Norman Houge, Inc. and report back to Council at their next meeting. Mr. Ventura seconded. Carried unanimously. PROJECT 313 BLOSSOM HILL RD. IMPROVEMENTS It was noted 4 bids were received for this project, with bids ranging from low bid of $33,483.25 to high bid of $52,380.00. Mr. Ventura moved to accept staff recommendation and award the bid to Norman B. Houge, Inc. in the total amount of $33,483.25 and authorize the Mayor to sign the contract on behalf of the Town. Mr. Carlson seconded. Carried unanimously. COMMUNICATIONS (referral/file) a.Notice from PG&E re the filing of Application No. 85-04-019 in which it requests authority from Public Utilities Commission for increase of electric rates. Mr. Ventura moved to oppose said request. Mr. Carlson seconded. Carried unanimously. b.Communication from Assemblyman Steve Peace requesting support of AB-1904 and AB-2483. Mr. Ventura moved to refer to staff for review and recommendation. Mr. Carlson seconded. Carried unanimously. c.County Sanitation District No. 4 proposed Budget. Mr. Ventura moved to note and file said proposed budget. Mr. Carlson seconded. Carried unanimously. d.Letter from Chamber of Commerce re nonconforming status of local businesses. Mr. Ventura moved communication be referred to staff for response. Mr. Carlson seconded. Carried unanimously. e.Letter from Mary Eloise Ospina re Secondary units. Mr. Ventura moved letter be noted and filed. Mr. Carlson seconded. Carried unanimously. PARKING COMMISSION REPORT Informational for Council PUBLIC HEARINGS Information for Council on upcoming public hearings scheduled. GUIDELINES FOR DESIGN REVIEW (COUNTY) Discussion was held on the County development Guidelines for Design Review. Mr. Ventura stated Council should communicate to county that basically this accomplishes what the Town wants but would like clarification on the following: 1. In all cases County should present projections as to how the structure will look from the alley floor with site lines; 2. Put in stronger statement about exceeding the natural ridgeline as guidelines for design reviews is intended to compliment our hillside, therefor it should be more consistent with what Town's General Plan says; 3. Require 2 year maintenance agreement for landscaping. 4. Grading guidelines are very general and not helpful for reviewing application for site and Architecture qualities. Mr. Ventura moved to refer the above suggestions to staff for review as to where the County is inconsistent with the Town's General Plan and report back to Council in two weeks. Mr. Ferrito seconded. Carried by vote of 4 ayes. Mr. Daily abstained. It was also noted the above suggestions would be discussed with Supervisor S. Wilson and Council sub-committee later this month. LEXINGTON RESERVOIR FEASIBILITY STUDY Mr. Ventura moved that Council should get a letter on file to pertinent County agencies indicating Councils comments re the final study on Lexington Reservoir. Council should emphasize their opposition to widening and improving of the roadways, which would basically allow more cars around the lake and to go at a greater speed. This would not be in the interest of type of environment that is trying to be created up there and let it be known that Council strongly opposes any commercial development in conjunction with the recreation facilities. Mr. Daily seconded. Carried unanimously. PLANNING REPORT Information to Council re Planning Department priorities for April-June, 1985. STOP SIGN INSTALLATION Informational report on request made for addition stop sign installation in the areas of Kennedy Road, Shannon Road, Marchmont Drive, Englewood Avenue and Hilow Road and Court. LOS GATOS BLVD.IMPROVEMENTS Information report for Council. Council will hold study session on this item at a later date. 1984 HIGH ACCIDENT REPORT Informational report for Council. INTERIM URGENCY ZONING ORD. RE SECONDARY UNITS Information report for Council to be noted and filed. FCC REGULATIONS RE SATELLITE ANTENNAS Mr. Ventura moved Council object to the FCC proposal on the following grounds. 1.a preemption of state and local zoning authority would constitute improper federal interference in matters of traditional state and local concern; 2.the FCC does not have authority under the Communications Act of 1934 to preempt State and local zoning authority; 3.state and local law provides adequate remedies in cases in which zoning ordinances are unreasonable and discriminatory; and 4.a preemption policy would impose unreasonable administrative burdens on states and localities. Mr. Carlson seconded. Carried unanimously. TOWN POLICY ON ANNEXATION AGREEMENT Mr. Carlson moved to approve the following Town policies: 1.reaffirm Policy in the General Plan that all properties located within the Town's Urban Service area should be annexed and the Town will use all tools at its disposal to facilitate annexation; and 2.require that all future annexation agreements not include a termination date. Mr. Ventura seconded. Carried unanimously. COUNTY ANNEXATION ORDINANCE REVISION Mr. Ventura moved Town Council go on record supporting the proposed changes as outlined in the County's letter dated April 15, 1985. Mr. Carlson seconded. Carried unanimously. TRANSIT HUB REPORT Mr. Ventura moved Council acknowledge the work of the Transit Hub Committee. Accept the report and instruct the Planning Commission to set a hearing to amend the Downtown Specific Plan to recognize the existing bus station. Mr. Carlson seconded. Carried unanimously. COUNTY REFERRALS Discussion was held on referral 2036-35-49-83CC-85LA 14531 Arnerich Road Behroozi Lot line adjustment. Mr. Behroozi spoke to Council and presented further data as to what he wished to do with his property. After some discussion Mr. Ferrito moved Council consider this further data and direct staff to revise Councils position accordingly and request staff to report back on verifying information presented re lot line adjustment and Site and Architectural application for the house. Mr. Carlson seconded. Carried unanimously. Mr. Ferrito moved to accept staff report on the remaining referrals as follows: 317-30-46-82B-82G 18085 Soda Springs Road Liles Time extension No comment. 2473-29-39-85B Summit Rd. Mehus/Arnold Single family site approval No comment. 2472-30-49-85P-85DR 16367 Aztec Ridge Dr. Bean Use permit/Design review If annexation is not possible, enter into an agreement for future annexation; and delay action on the design review application until sight line information is submitted. 816-30-50-79V-85D 16144 Cypress Way Huch Design review for swimming pool behind existing house. No comment. 1423-34-51-81B-81G--85B-85G-85DR 19430 Shannon Rd. Tavares/ Strangio Design Review building site-grading permit Council should request that the application not be considered until the house has been redesigned to fit the terrain, grading information has been submitted and sightline sections have been submitted which demonstrate that the house will not project above the natural ridgeline when viewed from off the site. 2465-34-51-85DR 14930 DiDuca Way McEnroe Design review Hose barn Recommend approval 2375-26-52-85V 18580 Overlook Rd. Fink The County granted the request for a variance. Mr. Carlson seconded. Carried unanimously. 85/86 BUDGET CALENDAR Information for Council as to 85/86 budget study sessions and hearing. REVOCABLE PERMIT FOR TRASH ENCLOSURE AT 440 N. SANTA CRUZ Mr. Ventura moved Council authorize Town Engineer to issue a revocable permit for use of a portion of Town parking lot north of Saratoga Avenue for a trash enclosure. Mr. Carlson seconded. Carried unanimously. Mr. Ventura stated it should be noted that in terms of this policy, that if it were given with pre-existing situations where we have had problems dealing with trash it's all right to accommodate them on Town land, but certainly would not want new applications to be considered in that light. PARKING PROGRAM PUBLIC INFORMATION SERVICES AGREEMENT Mr. Ventura moved for adoption of Resolution No. 1985-58 entitled, RESOLUTION APPROVING THE AGREEMENT WITH RAUH, GOOD, DARLO AND BARNES FOR PUBLIC INFORMATION SERVICES. Mr. Carlson seconded. Carried by four ayes. Mr. Ferrito abstained. STREET VACATION NORTH END OF LYNDON AVE. Mr.Ventura moved for adoption of Resolution No. 1985-59 entitled, ORDER VACATING EXCESS PORTION OF A PUBLIC THOROUGHFARE FOR PUBLIC ROAD PURPOSES (AT THE NORTH END OF LYNDON AVENUE NEAR BEN AVENUE). Mr. Carlson seconded. Carried unanimously. FEE SCHEDULE CERTIFICATE OF PUBLIC CONVENIENCE & TAXICAB DRIVER'S LICENSE Mr. Ventura moved for adoption of Resolution No. 1985-60 entitled RESOLUTION ESTABLISHING A FEE SCHEDULE FOR CERTIFICATE OF PUBLIC CONVENIENCE AND FOR TAXICAB DRIVER'S LICENSE. Mr. Carlson seconded. Carried by vote of 4 ayes. Mr. Ferrito voting no. DENIAL OF APPEAL re "SNACK SHOP" 666 N. SANTA CRUZ AVE. Mr. Ventura moved for adoption of Resolution No. 1985-61 entitled, RESOLUTION DENYING APPEAL FROM PLANNING COMMISSION DENIAL OF A CONDITIONAL USE PERMIT TO CONVERT THE SALESROOM OF AN EXISTING SERVICE STATION INTO A "SNACK SHOP" (666 N. Santa Cruz Avenue Mobil Oil Company). Mr. Carlson seconded. Carried unanimously. PROJECT 305 LOS GATOS BLVD. IMPROVEMENTS Mr. Ferrito moved for adoption of Resolution No. 1985-62 entitled, RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS APPROVING THE PLANS AND SPECIFICATIONS FOR PROJECT 305 - LOS GATOS BOULEVARD STREET IMPROVEMENTS AT VAN METER SCHOOL AND LOS GATOS CONVALESCENT HOSPITAL (bid opening scheduled for 3:00 p.m., Wednesday, June 5, 1985. Mr. Carlson seconded. Carried by vote of four ayes. Mr. Ventura voting no. SEWER & WATER EXTENSION AGREEMENT - TOP OF THE HILL COURT Mr. Ventura moved for adoption of Resolution No. 1985-63 entitled, RESOLUTION AUTHORIZING WATER AND SEWER EXTENSION AGREEMENT for top of the Hill Court and authorize Clerk to record the agreement. Mr. Carlson seconded. Carried unanimously. LOADING ZONE PLEASANT ST. NORTH OF EAST MAIN Mr. Ventura moved for adoption of Resolution No. 1985-64 entitled PASSENGER AND FREIGHT LOADING ZONE - PLEASANT STREET. This established a loading zone along the east side of Pleasant Street north of East Main Street. Mr. Carlson seconded. Carried by four ayes. Mr. Ferrito voting no. AUTHORIZATION OF GRANT APPLICATION FOR ROBERTI/Z'BERG/HARRIS OPEN SPACE PROG. Mr. Ventura moved for adoption of Resolution No. 1985-65 entitled, A RESOLUTION APPROVING THE APPLICATION FOR GRANT FUNDS RECREATION PROGRAM FOR THE RECONSTRUCTION OF PATHWAYS AT BACHMAN PARK AND OAK MEADOW PARK, TOWN OF LOS GATOS, CALIFORNIA. Mr. Carlson seconded. Carried unanimously. APRIL 8, 1985 MINUTES Mr. Ferrito moved Council minutes of April 8, 1985 be approved as submitted. Mr. Daily seconded. Carried unanimously. APRIL 15, 1985 MINUTES Mr. Ferrito requested Clerk to check the record as to his vote re the continuance of the meeting beyond midnight as he voted aye for the continuance. Mr. Ventura moved minutes be approved as corrected. Mr. Ferrito seconded. Carried unanimously. APRIL 22, 1985 MINUTES Discussion was held as to the wording of motion re secondary units and requested the Clerk to check the tape re the prohibition of continue approval of the April 22, 1985 to meeting of May 20, 1985. COMMUNICATION (for action) a. Communication from Richard Penrose requesting a waiver of Town Code section 30.140 re filing of appeals for town driver's permit. After some discussion Mr. Ferrito moved request be denied due to length of time that had expired not only from the date of the letter of denial of the permit but the length of time which had expired since the outcome of the early February meeting and the time Mr. Penrose wrote the Council requesting a review. Mr. Daily seconded. Carried by four ayes. Mr. Ventura abstained. APRIL 26, 1985 PAYROLL Mr. Ferrito moved for approval of the April 26, 1985 payroll in the amount of $125,210.02 plus various warrants in the amount of $47,684.90. Mr. Carlson seconded. Carried unanimously. TREASURERS CORRESPONDENCE Mayor Benjamin stated letter contained a request from the Town Treasurer re his office equipment needs. Mr. Ventura moved this be held for budget hearings. Mr. Carlson seconded. Carried unanimously. It was noted so there is no doubt, there is office space available for the Treasurer at the Town Hall. PARKING COMMISSION REPORTS Discussion was held on the report of the Parking Commission and their recommendations to Council. Rex Morton, member of Parking Commission answered questions of Council. Planning Director Lee Bowman explained the process re the rezoning of the Puccinelli property at the northeast corner of College Avenue and Villa Avenue. After further discussion Mr. Carlson moved to accept Parking Commission recommendations 1, 2, c and modify recommendation d. Recommendations would be as follows: 1.Authorize staff to negotiate a contract with Wilbur Smith and Associates for engineering services subject to final approval by the Town Council. 2.Authorize staff to negotiate a contract with E.P.Brodd and Associates for property appraisal services subject to final approval by the Town Council. 3.Authorize staff to negotiate a contract with Jones, Hall, Hill & White for legal services as bond counsel subject to final approval by the Town Council; and 4.Direct the Planning Commission to initiate the amendment to the General Plan and the Downtown Specific Plan indicating if the Puccinelli property is acquired for parking, a zone change would be made. Mr. Daily seconded. Carried unanimously. PERMIT PARKING BROADWAY EXT. Discussion was held on request of Mr. & Mrs. Duncan to be allowed a parking permit even though they are not in the Broadway Parking permit district, but on Broadway extension. Mr. Ventura moved to refer this back to staff and have them identify other parcels that may fall under this is an exception (for Broadway extension only). Mr. Carlson seconded. Carried by vote of three ayes. Mr. Daily voted no, as he agrees with staff recommendation of no exceptions and 6 months is not long to wait for when comprehensive permit parking program is considered. Mr. Ferrito also voted no. OLD TOWN THEATER SUBCOMMITTEE TERMINATION Information report to Council from Cultural Commission re termination of Old Town Theater Interest Sub-committee. Council thanked sub-committee for their work on this project. TRAIL CONNECTION HAPPY ACRES RD. TO FORRESTER RD. Information report to Council from Planning and Parks Commissions re trail connecting Happy acres Road and Forrester Road. Noted and filed. EMERGENCY ACCESS ROAD CLOSURE DEVICES Information report from Planning Commission re Emergency Access Road Closure Devices. Noted and filed. MURAL - LIBRARY WALL Mr. Carlson moved to accept Planning Commission recommendation and deny the request for a permanent mural as requested and recommended that Ms. Dawson consider doing the mural on a portable surface that could be displayed in various locations around the Town. Ms. Dawson to present Council with a proposal of painting before going ahead with the project. Mr. Ferrito seconded. Kathryn Morgan, Planning Commission spoke on the issue. Motion carried by vote of four ayes. Mr. Ventura abstained. APPEAL ON REVOCATION OR MODIFICATION OF USE & OCCUPANCY 15405 LOS GATOS BOULEVARD. Mayor Benjamin stated this was the time and place duly noted for continuance of public hearing to consider the appeal of Planning Commission decision on revocation or modification of Use and Occupancy Certificate approval previously granted for a beauty salon (now being operated in violation of that approval) at 15405 Los Gatos Boulevard. This item was continued, by request, from 4-15-85. There being no one in the audience wishing to speak on this issue, Mr. Daily moved hearing be closed. Mr. Ventura seconded. Carried unanimously. Mr. Carlson moved the appeal be denied as cannot see where Planning erred in their decision. Mr, Ferrito seconded. Carried unanimously. Attorney directed to prepare the appropriate Resolution and present for Council consideration at the next meeting. APPEAL ON DENIAL TO CONSTRUCT ADDITIONAL OFFICE BUILDING AT Mayor Benjamin stated this was the time and place duly noted for continued public hearing to consider the appeal of Planning Commission's denial for approval of plans to construct an additional office building and to waive screen wall requirements on 400 BLOSSOM HILL ROAD property in the "O" zone. It was noted that letter was received from Mr. Higgins requesting further continuance to allow more time for preparation. Mr. Carlson spoke on his concerns re ingress and egress and traffic that would be generated by development of property. Mr. Ventura moved request be granted and the appeal be continued to May 20, 1985. Mr. Carlson seconded. Carried unanimously. AMENDMENT RE CONDITIONAL USE PERMIT FEES FOR Mayor Benjamin stated this was the time and place duly noted for continued public hearing to consider the amendments re conditional use permit applications fees for restaurants. Lee Bowman explained ratio re parking spaces according to number of seats. Discussion was held on checklist and adding the word "utilized" to #5 of the checklist. Discussion was held re amending #6 to read "Is there a history of complaints at the restaurant within the last 5 years". Lynn Snyder spoke in favor of proposed Resolution and stated the Chamber of Commerce favored the proposal. She also presented a letter from El Nido favoring the proposal. There being no one one else wishing to speak on this issue Mr. Ferrito moves to close public hearing. Mr. Daily seconded. Carried unanimously. Mr. Ferrito moved to change wording on checklist #6 and #5 as noted above. Mr. Daily seconded. Carried by for ayes. Mr. Ventura voting no. Mr. Ventura moved for adoption of Resolution No. 1985-66 entitled, A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS SETTING A FEE SCHEDULE FOR ZONING, CALIFORNIA ENVIRONMENTAL QUALITY ACT AND SUBDIVISION PROCEEDINGS AND FOR VARIOUS ENGINEERING SERVICES. Mr. Daily seconded. Carried by vote of four ayes. Mr. Ferrito voting no. AMENDMENT TO ZONING ORDINANCE RE ALCOHOLIC BEVERAGE SALES AT SERVICE STATIONS Mayor Benjamin stated this was the time and place duly published for public hearing for consideration of amendment to the Town Zoning ordinance re convenience markets and/or sale of alcoholic beverages at service stations (Amendment A-85-3). There being no one in the audience wishing to speak on this issue, Mr. Ferrito moved hearing be closed. Mr. Carlson seconded. Carried unanimously. Mr. Ferrito moved to waive the reading for AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING CHAPTER 1.00 OF THE ZONING ORDINANCE PROHIBITING CONVENIENCE MARKETS AND SALES OF ALCOHOL BEVERAGES AT SERVICE STATIONS and make the findings that the Ordinance is consistent with the General Plan. Mr. Ventura seconded. Carried unanimously Clerk read title. Mr. Ferrito moved Ordinance be introduced. Mr. Ventura seconded. Carried unanimously. DEMOLITION OF BUILDING AT 367 LOS GATOS BOULEVARD Mayor Benjamin stated this was the time and place duly published for public hearing to consider the request for demolition of an existing structure in the R-1D zone - property at 367 Los Gatos Boulevard. It was noted that applicant had requested a continuance of said hearing. Mr. Ferrito moved request be granted and continue said hearing to June 3, 1985. Mr. Carlson seconded. Carried unanimously. BUDGET REPORT 3RD QUARTER Mr. Carlson moved Council accept staff recommendation and approve the revised expenditure and revenue estimates. The net impact on the Town's General Fund of the recommended action will be to increase the FY 84/85 fund balance by $957,456.00. Mr. Carlson seconded. Carried by vote of four ayes. Mr. Ferrito was absent at the time. REVENUE SHARING BUDGET 84/85 ADJUSTMENT Mr. Daily moved Council accept staff recommendation and approve the revenue adjustments as presented. The original estimate for FY 84/85 General Revenue Sharing had been $165,000.00. That estimate has been revised downward to $140,000.00 based on revenue received to March 31, 1985. Mr. Carlson seconded. Carried unanimously. STORAGE OF HAZARDOUS MATERIALS Mr. Ferrito moved Council urge the State to increase the Regional Water Quality Control Board's staff and resources to assure the cleanup of identified sites as quickly as technically possible. Mr. Daily seconded. Carried by four ayes. Mr. Ventura was absent at the time.' ROUTE 17 FEDERAL DESIGNATION Manger Mora reported on primary benefits and recommended position would be that federal dollars would be available for maintenance of status quo. Mr. Ferrito stated he would be hesitant to go ahead with any change re any freeway going through Town, without knowing what our rights are or whether Federal designation would effect those rights and Council's concerns re Route 17 between Los Gatos and Scotts Valley being returned to a full fledged freeway. Staff to communicate to West Valley Mayors and Managers meeting that Council will not take a position pending this research. IMPLEMENTATION SECONDARY UNIT ORDINANCE Discussion was held as to questions re identifying secondary units and what specific information Council wishes on the applications when people apply re secondary units. Some of the suggestions made were: what is the size of the family; ages of the of individuals in the family; how long they have resided in said unit; how many on site parking spaces do they have; how many cars owned by said family; time the unit was built and how much work would be needed to bring unit up to code; amount of rent; and turn over rate of tenants. By consensus motion Council moved to refer this back to Planning Commission for report back in 40 days with their recommendations. (this is on the existing secondary units) and they may take longer on report back on new units. SB 1454 Mr. Ventura moved to go on record opposing SB 1454. This would establish a statutory limit on development fees, exactions, dedications and reservations and water and sewer fees. Mr. Ferrito seconded. Carried unanimously. SJWW FLUME Mr. Ventura spoke of his concerns and wants to be assured that the Town will get a significant length of the flume to be put on one of the Town's park sites. Mr. Carlson moved Council designate Mr. Ventura to represent Council in dealing with Park Commission on this issue. Mr. Ferrito seconded. Carried unanimously. LEGISLATION ACA 7 (Mountjoy) Mr. Ferrito moved Council support Nonpartisan Offices ACA 7 (Mountjoy). Mr. Carlson seconded. Carried unanimously. ADJOURNMENT Mayor Benjamin declared the meeting adjourned t 10:25 p.m., to executive session. Report on executive session will be reported at the next regular meeting. It was also noted there will be a study session held on Monday, May 13th at 7:30 p.m. ATTEST: Rose E. Aldag Town Clerk