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M 03-04-85TOWN OF LOS GATOS CALIFORNIA TOWN COUNCIL/PARKING AUTHORITY AGENDA MARCH 4, 1985 TOWN COUNCIL The Town Council and the Parking Authority met jointly in the Council Chambers of the Town Hall at 7:35 p.m., in regular session. ROLL CALL PRESENT:Terrence J. Daily, Thomas J. Ferrito, Brent N. Ventura and Mayor Joanne Benjamin ABSENT:Eric D. Carlson. PLEDGE OF ALLEGIANCE Given by all in attendance. PRESENTATION Mayor Joanne Benjamin presented Resolution of Commendation to Emma Rau for her service as a member of the Cultural Commission from July 1980 to January 1985 and for various other services to the Community. APPOINTMENT TO THE CULTURAL COMMISSION Applicants for the vacancy on the Los Gatos Cultural Commission were Andrew Watson and Ann Atkinson. Interviews for the vacancy was held prior to the Council meeting. Both candidates were nominated for the Commission. Voting was held with Mr. Daily and Mrs. Benjamin voting for Ms. Atkinson and Mr. Ventura and Mr. Ferrito voting for Mr. Watson. Due to a tie vote it was consensus of Council to continue the appointment to the Commission to March 18, 1985, at which time there will be a full Council. REPORT ON EXECUTIVE SESSION The Town attorney, Mary Jo Levinger, stated Council had met in Executive Session prior to the Council meeting and discussed NCS vs. Town of Los Gatos and no action was taken. EX-AGENDA ITEM & AGENDA CHANGES Item 19 to be withdrawn from the agenda as per request by Parking Commission. Item 30 will be continued to March 18th, 1985 (Appeal regarding Lyndon avenue). Item 40 to be added - Discussion regarding Light Rail System. Mayor Benjamin left the meeting at 7:50 p.m. to deliver a Proclamation to Los Gatos High School. Vice-Mayor Daily conducted the meeting for this period and Mayor Benjamin returned to the meeting and chairing of the meeting at 8:00 p.m. prior to voting on any agenda items. COMMUNICATIONS (referral/file) a.Letter from James Hempler regarding improvements to Wood road and Wood Road/S. Santa Cruz Avenue intersection. Mr. Daily moved this matter be referred to staff for report on the meeting of March 18, 1985. Mr. Ventura seconded. Carried unanimously. b.Letter from Paul Collins regarding parking for Los Gatos High School. This was informational letter to Council and was noted and filed. c.Letter from Kay Eshlman requesting proclamation regarding AAUW Week. Mr. Daily moved this be referred to Mayor for preparation of proclamation. Mr. Ventura seconded. Carried unanimously. SCHEDULE OF PUBLIC HEARINGS Information for Council COUNTY REFERRALS Mr. Daily moved to accept staff report on the following: 2131-34-51-84SP Pritchard The Board of Supervisors considered the Town's appeal of the County Planning Commission's approval of a detached secondary unit on Sky lane and the Board unanimously denied the Town's appeal and approved the application. Mr. Ventura seconded. Carried unanimously. It was also noted the County Planning Commission has scheduled a special study session for 10:30 a.m., Thursday, March 7, 1985, to allow the Town Staff to present the changes as adopted by the Council regarding Los gatos Hillside Specific Plan. Mr. Ferrito referred to report on the Hillside Plan which Council had requested from the Town attorney. The attorney stated a report would be to Council on March 18, 1985. PLANNING DEPT. MONTHLY REPORT Council accepted informational report from Planning Department. CAPITAL IMPROVEMENT PLAN (draft) Information for Council for their review prior to the Study Session scheduled for Monday, March 11, 1985. UNIVERSITY AVENUE UNDERGROUNDING DISTRICT Informational report regarding offering of grants to low and moderate income homeowners residing on University Avenue (between Miles and Saratoga Avenue) to offset the cost of the undergrounding of utilities which includes electrical, telephone and cable wires. CALIFORNIANS FOR BETTER TRANSPORTATION Informational report regarding membership into said non-profit organization. Staff states Town should not join this organization at this time. However, Council may wish to become more supportive in the future. TRINITY INVESTMENT CO. CONDITIONS OF APPROVAL AGREEMENT Informational report regarding Trinity Investment Company executed agreement with the Town obligation themselves to pay 10% of the cost of a traffic signal at the intersection of Nino Avenue and Los Gatos Boulevard. LOS GATOS HIGH SCHOOL HANDICAPPED ACCESS BIDS Mr. Daily moved to accept staff recommendations as follows: 1. Council approve Gared Structures' low bid of $28,000 to construct the ramp which will connect the lower and upper levels of the high school; 2. Council approve J. L. Drew Construction's low bid of $29,406 with the condition that the Town's current year contribution is limited to $8,000; and 3. That the District complete the modifications to the nurse's restrooms with District funds, inasmuch as this project was not listed as an approved project under the Town's Community Development Block Grant Program. Mr. Ventura seconded. Carried unanimously. NOTICE OF COMPLETION Mr. Daily moved Council authorize the Mayor to execute and the Town Clerk to record said Notice of Completion and Certificate of acceptance for Project 299- CT -- Civic Center Carpeting. Mr. Ventura seconded. Carried unanimously. 4-WAY VEHICULAR STOP AT MARCHMONT DRIVE & HILOW ROAD Mr. Daily moved for adoption of Resolution No. 1985-26 entitled, A RESOLUTION DESIGNATING A FOUR WAY VEHICULAR STOP AT THE INTERSECTION OF MARCHMONT DRIVE WITH HILOW ROAD. Mr. Ventura seconded. Carried unanimously. PROJECT 310 HARWOOD ROAD SIDEWALK IMPROVEMENTS AND PROJECT 311 NATIONAL AVENUE IMPROVEMENTS The Town Engineer, Ron Zapf, answered questions of Councilman Ventura as to the lack of an equestrian type trail that the Town was going to provide along frontage of upper portion of Harwood Road. After further discussion it was consensus of Council to withdraw this item from the agenda, at this time, to allow further discussion with property owners in the area. AGREEMENT FOR EMERGENCY MANAGEMENT & DISASTER PREPAREDNESS SERVICES Mr. Daily moved for adoption of resolution No. 1985-27 entitled, A RESOLUTION APPROVING AGREEMENT FOR SERVICES RELATED TO EMERGENCY MANAGEMENT AND DISASTER PREPAREDNESS (1985); and Town Manager is hereby authorized to execute said agreement on behalf of the Town. Mr. Ventura seconded. Carried unanimously. PROJECT 306 POLICE DEPT. COMMUNICATIONS CENTER IMPROVEMENTS Mr. Daily moved for adoption of Resolution No. 1985-34 entitled, RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS APPROVING PLANS AND SPECIFICATIONS FOR PROJECT 306 - POLICE DEPARTMENT COMMUNICATIONS CENTER IMPROVEMENTS. Mr. Ventura seconded subject to condition of additional landscaping being provided. Carried unanimously. COMMENDATION RESOLUTION J. ESTRUTH Mr. Daily moved for adoption of resolution No. 1985-28 entitled, A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS COMMENDING JOHN O. ESTRUTH, JR. FOR OUTSTANDING SERVICE TO THE TOWN. Mr. Ventura seconded. Carried unanimously. AMENDMENT TO LICENSE AGREEMENT WITH BILLY JONES WILDCAT RAILROAD Mr. Daily moved for adoption of Resolution No. 1985-29 entitled, RESOLUTION OF THE TOWN OF LOS GATOS RESCINDING TOWN RESOLUTION NO. 1984-208 AND AUTHORIZING MAYOR TO EXECUTE AMENDMENT TO LICENSE AGREEMENT WITH THE BILLY JONES WILDCAT RAILROAD EXTENDING THE TERM UNTIL JANUARY 1, 2010. Mr. Ventura seconded. Carried unanimously. DENIAL OF APPEAL RE- ILLEGAL SUBDIV. - 16 - 16 1/2 CLIFTON AVENUE Mr. Daily moved for adoption of Resolution No. 1985-30 entitled, RESOLUTION DENYING APPEAL FROM PLANNING COMMISSION DETERMINATION THAT PROPERTY HAS BEEN ILLEGALLY SUBDIVIDED AND INSTRUCTING TOWN ATTORNEY TO RECORD A NOTICE OF VIOLATION PURSUANT TO GOVERNMENT CODE SECTION 66499.36 (16 and 16 1/2 Clifton Avenue -- Walter L. Crafford, Barbara Crafford, Kenneth H. Crafford and Karen Crafford). Mr. Ventura seconded. Carried by a vote of three ayes. Mrs. Benjamin abstained, she had not been present at the hearing. Mr. Carlson was absent. ESTABLISHMENT OF TOWN PAYROLL AND ACCOUNTS PAYABLE SCHEDULES Mr. Bob Hamilton, from the audience, raised questions on the schedule and Council answered those questions. Mayor Benjamin asked for clarification as to availability of the warrant/checks. After general discussion the last two items on Exhibit B was amended to read, "All warrant/checks available in the Office of the Town Clerk for Treasurer . . . " and last item to read, "Signed warrant/checks returned to the Office of Town Clerk no later than . . .". On Exhibit C last two sentences to read, "Warrant/checks will be available in the Office of Town Clerk for the Treasurer at 3:00 p.m. on the day indicated. Signed warrant/checks must be returned to the Office of Town Clerk by 9:00 a.m. on scheduled payment date." Mr. Daily moved for adoption of Resolution No. 1985- 31, as amended, entitled A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS ESTABLISHING PAYROLL AND ACCOUNTS PAYABLE WARRANT/CHECK PROCESSING AND PAYMENT SCHEDULES FOR CALENDAR YEAR 1985. Mr. Ventura seconded. Carried unanimously. AMENDMENT TO ZONING ORDINANCE RE HANDICAPPED ACCESSIBLE PARKING SPACES Mr. Daily moved for adoption of Ordinance No. 1640 entitled, 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. Ventura seconded. Carried by a vote of three ayes. Mr. Carlson was absent and Mayor Benjamin abstained, as she had not been present for the discussion and hearing at the last meeting. AMENDMENT TO HOME OCCUPATION BUSINESS LICENSE Mr.Daily moved for adoption of Ordinance No 1641 entitled, 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 was absent and Mr. Ventura voted no. AMENDING TOWN CODE - CHAPTER 5 RELATIVE TO ANIMALS AND VEHICLES Mr. Daily moved for adoption of Ordinance No. 1642 entitled, ORDINANCE AMENDING CHAPTER 5 OF THE TOWN CODE RELATING TO ANIMALS AND VEHICLES. Mr. Ventura seconded. Carried by a vote of three ayes. Mr. Carlson was absent and Mayor Benjamin abstained, as she had not been present for the discussion at the last meeting. MINUTES - FEBRUARY 12, 1985 Mr. Ventura requested, for the record, that the minutes reflect his questions of Town Clerk as to her length of term of employment with the Town and her answer that in her term of employment of 27 years, checks had always been signed on time. February, 1985 was the first time that the checks were not signed on time, this caused a delay in the mailing of the check/warrants. Mr. Ferrito moved for approval of February 12, 1985 minutes as corrected. Mr. Daily seconded. Carried unanimously. MINUTES - FEBRUARY 19, 1985 Mrs. Benjamin stated on Page 4, the 3 public hearings should begin with "Vice- Mayor Daily. . .". Mr. Ferrito stated on Page 3, Subject - Minutes February 4, 1985. At the end of the second line the words, "of which" should be added. On Page 5, subject Amending Home Occupation Business License. At the end of the sixth line should add, "moved that the . . .". Mr. Ventura stated on Page 5 - Subject Grading Ordinance. It should reflect that he wished staff to review other specific provisions of the Ordinance. Mr. Ventura moved for approval of the February 19, 1985 minutes as amended above. Mr. Daily seconded. Carried unanimously. COMMUNICATIONS (for action) a.Letter from Gene Goldberg, District Director of Los Gatos saratoga Department of Community Education and Recreation regarding continued funding by the Town for FY 1985-86. Mr. Daily moved Council approve a supplemental appropriation of $7,000.00 from the current General Fund balance and continue the previous level of support for the fiscal year 1984-85. The Town will also request that the District submit a specific request for continued funding for the fiscal year 1985-86 and subsequent years. Mr. Ventura seconded. Carried unanimously. b.Letter from Ming Quong Children's Society requesting use of Civic Center facilities on June 1st and 2nd, 1985 regarding the 1985 Strawberry Festival. Mr. Ferrito moved to approve the request for use of Town facilities on June 1st and 2nd, 1985, subject to staff requirements. Reimbursement for costs incurred by Town staff working for the Festival weekend should also be a condition of approval. Mr. Ventura seconded. Carried unanimously. APPROVAL OF MARCH 1, 1985 PAYROLL Mr. Daily moved March 1, 1985 payroll be approved in the amount of $126,058.26 plus special warrants regarding withholdings in the amount of $45,167.24. Mr. Ventura seconded. Carried unanimously. The Town Manager announced, for the record, the above payroll was prepared and signed under guidelines established by Resolution which Council adopted tonight. WEST VALLEY SYMPHONY ASSOC. REQUEST FOR FUNDING Mrs. Ethel Worn, member of Cultural Commission, stated she was available to answer any question. Mr. Ferrito moved Town Council approve partial reimbursement to the West Valley Symphony Assoc., in the amount of $400.00 for costs incurred in presenting a community concert. The grant would be restricted for reimbursement of the cost of music rent ($200.00) and printing of announcements and programs ($200.00). Mr. Ventura seconded. Carried unanimously. AMENDMENT TO BELOW MARKET PRICE PROGRAM Mr. Ventura moved for adoption of resolution No. 1985-32 entitled, TOWN COUNCIL RESOLUTION SPECIFYING RULES, PROCEDURES AND CRITERIA FOR THE TOWN'S BELOW MARKET PRICE PROGRAM. Mr. Daily seconded. Carried unanimously. It was consensus of Council to refer the matter of Priority eligibility back to Planning for further study. CAPACITY STANDARDS FOR CRITICAL INTERSECTIONS DOWNTOWN The Town Manager reported that Planning Commission is making this recommendation on the Capacity Standards based on information given to them by the Parking Commission. After much discussion it was consensus of Council to take no action on this issue and request Mayor Benjamin to discuss this subject at the upcoming Mayor's breakfast on Friday. PARKING COMMISSION PRESENTATION This item was withdrawn from the agenda at the request of the Parking Commission. APPEAL 55 LYNDON AVENUE Due to an error in the legal publication this appeal must be continued to March 18, 1985. Mayor Benjamin asked if there was anyone in the audience wishing to speak on this issue at this time. No one wished to speak on this issue, Mr. Daily moved this item be continued to March 18, 1985. Mr. Ventura seconded. Carried unanimously. ALMOND GROVE HISTORIC DIST. AMENDMENT Mayor Benjamin stated this was the time and place duly published for public hearing to consider amendment to the Town Zoning Ordinance concerning the Almond Grove Historic District (Zoning Ordinance amendment A-85-1). Planning director, Lee Bowman, answered questions of Council regarding the consistency of architecture. No one else wished to speak on this issue. Mr. Ventura moved public hearing be closed. Mr. Daily seconded. Carried unanimously. Mr. Ventura moved to waive the reading for AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING ORDINANCE NO. 1463 WHICH EFFECTED ZONE CHANGE NO. 38 (ALMOND GROVE HISTORIC DISTRICT). Mr. Ferrito seconded. Carried unanimously. The town Clerk read title. Mr. Ventura moved Council make findings that the ordinance amendment is consistent with the General Plan and the Ordinance be introduced. Mr. Daily seconded. Carried unanimously. WEED ABATEMENT Mayor Benjamin stated this was the time and place duly published for public hearing to hear any protest or objections to the proposed destruction or removal of weeds. No one in the audience wished to protest this issue. Mr. Ventura moved public hearing be closed. Mr. Ferrito seconded. Carried unanimously. Mr. Daily moved for adoption of Resolution No. 1985-33 entitled, A RESOLUTION OVERRULING OBJECTIONS AND ORDERING ABATEMENT OF WEEDS AS A PUBLIC NUISANCE. Mr. Ferrito seconded. Carried unanimously. VERBAL COMMUNICATIONS Ms. Jennifer Allison Smith, 3711 Bear Creek Road, spoke to Council requesting their consideration in having an establishment to provide recreation for the youths between 18 and 21. Mayor Benjamin suggested she contact the Youth Advisory Commission, Los Gatos High School PTA and the Los Gatos Cultural Commission and pass along any suggestions she may have. REGULATION OF TAXICABS & TAXI DRIVERS LICENSE IN LOS GATOS It was consensus of Council that this be continued to March 18, 1985. TOWN PEDESTRIAN SAFETY PROGRAM Mr. Ferrito moved Council approve the proposed Pedestrian Safety Program. Mr. Ventura seconded. Carried unanimously. WHEELER/YOSEMITE DRAINAGE Town Engineer, Ron Zapf, reported to Council regarding meeting with residents in the Wheeler Avenue/Yosemite Way area to discuss the proposed storm drain project. After some discussion on said report Mr. Ventura moved to accept staff recommendation and expand the project at a cost of $35,000 to incorporate the following, subject to the dedication of public utility easements: 1.Gerhardt Property a. 150' storm drain (Previously approved $10,000 b. 90' storm drain 5,000 2.Olivet and Iwamoto Properties a. 185' storm drain 15,000 b. Sanitary sewer repair 5,000 TOTAL $35,000 Mr. Ferrito seconded. Carried unanimously. PROJECT 262-SD MONTCLAIR STORM DRAIN Mr. Daily moved Council authorize staff to issue a purchase order to the firm of MGD contractors in the amount of $1,920.00 in order to perform work in conjunction with the project, and approve a supplemental appropriation in the aforementioned amount of $1,920.00. Mr. Ventura seconded. Carried unanimously. ORDINANCE AMENDMENT RE SIGNING OF WARRANT/CHECKS Discussion was held on the proposed Ordinance and Mr. Hamilton, from the audience, questioned use of "sahll" instead of "may" in the last line of section (a). It was consensus of Council to make the following change in the last lines of the amendment. Proposal shall read, ". . . or Vice-Mayor may review and sign check/warrants". Mr. Daily moved reading be waived for ORDINANCE OF THE TOWN OF LOS GATOS DESIGNATING OFFICERS TO SIGN CHECK/WARRANTS. Mr. Ventura seconded. Carried unanimously. Town Clerk read title. Mr. Daily moved Ordinance be introduced as amended. Mr. Ventura seconded. Carried unanimously. SALES & USE TAX ORDINANCE AMENDMENT Mr. Ventura moved reading be waived for AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING CHAPTER 28 OF THE TOWN CODE TO INCREASE THE RATE OF SALES AND USE TAX. Mr. Daily seconded. Carried unanimously. Town Clerk read title. Mr. Ventura moved Ordinance be introduced. Mr. Daily seconded. Carried unanimously. LEGISLATION AB483 (COSTA) RENT CONTROL Mr. Ferrito moved Council join the League of California Cities recommendation and notify our appropriate Legislators that we oppose AB483. Mr. Daily seconded. Carried unanimously. VASONA LINE CORRIDOR Mr. Ventura spoke on Town's position stating the Town does support the study of Vasona Line Corridor as a potential expansion of the Guadalupe Light Rail Line with the provision that it would not terminate anywhere in the Central Business District Area. It was consensus of Council to have the Mayor send a letter to San Jose Mercury News explaining Town's position and explaining why Council feels this might be a solution to some of the Town's problems. ADJOURNMENT Mr. Ferrito moved meeting be adjourned at 9:20 p.m. to Executive Session. Mr. Ventura seconded. Carried unanimously. Report of Executive Session will be given at the next regular meeting. ATTEST: Rose E. Aldag Town Clerk