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M 07-15-85TOWN OF LOS GATOS CALIFORNIA TOWN COUNCIL/PARKING AUTHORITY AGENDA JULY 15, 1985 TOWN COUNCIL The Town Council and the Parking authority met in a joint session in the Council Chamber of the Town Hall at 7:30 p.m., in regular session. ROLL CALL PRESENT: Eric D. Carlson, Terrence J. Daily,Brent N. Ventura and Mayor Joanne Benjamin. ABSENT:Thomas J. Ferrito. PLEDGE OF ALLEGIANCE Given by all in attendance. EXECUTIVE SESSION The Town attorney, Mary Jo Levinger stated prior to the Council meeting the Executive Session was held and reported the Council voted to settle the case of Town vs. Stark in the amount of $35,000.00. Personnel and labor relations were also discussed and there is no report on those items. APPOINTMENTS LIBRARY BOARD Applicants for the Library Board are William Balch, Patrick F. O'Laughlin and Alberta Stoefen. Discussion was held on increasing the number of board members from five to seven. Mr. Ventura moved to expand the Library Board from five to seven members. Mr. Daily seconded. Carried by a vote of three ayes. Mr. Carlson abstained and Mr. Ferrito was absent. Staff to prepare a resolution changing the membership from five to seven members. Clerk to advertise for the seventh vacancy after the resolution has been adopted. By unanimous vote of the Council all three applicants were each appointed to a three year term. APPOINTMENTS PLANNING COMMISSION Applicants for the Planning Commission are Susan E. Grimes and Sam E. Laub. By unanimous vote of the Council Susan E. Grimes and Sam E. Laub were each appointed to another four year term on the Planning Commission. EX-AGENDA ITEMS Nadine Levin, Acting Town Manager, stated the following ex-agenda items are to be added to the agenda: Item 34 - Letter of appreciation to all public and private agencies involved in the Lexington Reservoir Fire activity. Item 35 - Discussion of post fire activity regarding erosion control. Item 36 - County Hillside Plan Update. Item 37 - Resolution of appreciation to firefighters. Item 38 - Policy regarding distribution of name and addresses of property owners outside the C-2 zone. Item 39 - Discussion of handicap access in restaurants. Item 40 - Moving of the County bus shelter. Item 41 - Signal interconnect on Los Gatos Boulevard. Item 15 was removed from the agenda. WRITTEN COMMUNICATIONS (referral/file) a.Request from the Youth Science Institute to hold a 10K Run on September 15, 1985. Mr. Ventura moved to refer the request to the Director of Parks, Forestry, and Maintenance Services for report and recommendation at the August 5, 1985 Council meeting. Mr. Carlson seconded. Carried unanimously. b.Report from Transportation 2000 regarding "Inventory of Highway Needs". Mr. Ventura stated Council policy, in past communications to Cal Trans, has been to oppose any additional lane on Hwy 17, south of Lark Avenue. The report shows widening Hwy 17 to six lanes from Saratoga Avenue to Camden Avenue. Staff to communicate to Cal Trans their proposal is not consistent with the Town Policies and request a meeting with staff or representative of Council to resolve this situation. c.Letter from Mrs. Byrd regarding expanded permit parking in the Almond Grove area. Mr. Ventura moved to refer to the Parking Program Manager for reply by telephone. Mr. Carlson seconded. Carried unanimously. d.Letter from Muriel Williamson regarding expanded permit parking in the Almond Grove area. Mr. Ventura moved to refer this to the Parking Program Manager for reply by telephone. Mr. Carlson seconded. Carried unanimously. e.Letter from Robert S. Kahn regarding Town trees uplifting the sidewalk in front of 16912 Spencer Avenue. Mr. Ventura moved to refer this item to the Director of Parks, Forestry, and Maintenance Services for report at the August 5, 1985 Council meeting. Mr. Carlson seconded. Carried unanimously. f.Letter from Marie Ballentine regarding St. Mary's County Fair and banner request. Mr. Ventura moved to refer to staff for reply by August 5, 1985. Mr. Carlson seconded. Carried unanimously. g.Letter from A. Gherardi regarding the Los Gatos Homeowner's Association position on Route 85. Note and file. h.Letter from Sister Joan Doyle supporting the art Docents of Los Gatos. Note and file. PARKING COMMISSION ACTIVITY REPORT Informational report for Council regarding Parking Commission Activity Report #8. SCHEDULE OF PUBLIC HEARINGS Informational report for Council. WORLD POLICE & FIRE GAMES Mr. Carlson moved to approve the use of Town roadway for the bicycle race portion of the triathlon to be held August 7, 1985, between 9:15 a.m. and 11:00 a.m. with the following requirements and with amendment to $1,000,000 coverage: 1. Coordinate with the police department for traffic control. 2. Consult with the Director of Parks, Forestry and Maintenance to ensure compliance with the Town's cleanup requirements. 3. Sign a Hold Harmless Agreement to relieve Town liability and designate the Town of Los Gatos for coverage on a $1,000,000 insurance policy. Mr. Gisburne to notify Council if a $2,000,000 policy can be found. 4. All trash and equipment to be cleared from race course to meet Town requirements. Should the Town need to undertake any cleanup action, the applicant shall reimburse the Town for all associates costs. 5. Provide volunteer Los Gatos and San Jose police officers to regulate traffic and course control as needed at no cost to the Town of Los Gatos. 6. Street closures, if any are deemed necessary the day of the race, will be opened for through traffic immediately following clearance of the roadway. 7. Los Gatos Police Reserves be used in lieu of Los Gatos Police Officer volunteers. Mr. Daily seconded. Carried unanimously. Don Perkins and Bob Gisburne, representatives of the Works Police and Fire Games, were present and answered Councils questions. PROJECT 276 LOS GATOS CREEK BIKE PATH - NOTICE OF COMPLETION Mr. Ventura moved to authorize the Mayor to execute and the Town Clerk to record a Notice of Completion and Certificate of Acceptance for Project 276 Los Gatos Creek Bike Path. Mr. Carlson seconded. Carried unanimously. CLOSURE - LEROY AVENUE AT LOS GATOS BLVD. Terry Meinzer, 16823 Leroy Avenue, and Hugh Dressler, owner of Happy Hound, William Rogers, 16808 Leroy Avenue spoke on this issue of traffic and possible street closure. There was further discussion by Council on the street closure. It was consensus of Council a neighborhood committee should work with staff on a solution. PROJECT 321 REROOFING OF CIVIC CENTER Mr. Ventura moved to adopt resolution No. 1985-104, entitled, A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS APPROVING PLANS AND SPECIFICATIONS FOR PROJECT 321 - REROOFING OF CIVIC CENTER BUILDING; authorize the Clerk to advertise for bids to be received Thursday, August 8, 1985 at 3:00 p.m. Mr. Carlson seconded. Carried unanimously. 145 HAPPY ACRES ROAD - SANITARY SEWER EASEMENT Mr. Ventura moved to adopt resolution No. 1985-105 entitled, A RESOLUTION OF INTENTION TO VACATE THE SANITARY SEWER EASEMENT LOCATED AT 145 HAPPY ACRES ROAD (APN 537-23-058); set the public hearing for August 19, 1985; authorize the Town Clerk to advertise the public hearing; refer the matter to the Planning Commission for determination that the proposed vacation is not contrary to the General Plan; approve the staff recommendation concerning valuation, and waive the $200.00 processing fee for vacation of the land; and authorize the Town Clerk to record a new sanitary sewer easement dedicated by the property owner. Mr. Carlson seconded. Carried unanimously. THREE WAY STOP SIGN - WESTCHESTER & BLOSSOM VALLEY DRIVES Mr. Ventura moved to adopt Resolution No. 1985-106 entitled, A RESOLUTION DESIGNATING A THREE WAY VEHICULAR STOP T THE INTERSECTION OF WESTCHESTER DRIVE AND BLOSSOM VALLEY DRIVE. Mr. Carlson seconded. Carried unanimously. This is on an experimental basis for six months. CODE COMPLIANCE OFFICER'S QUARTERLY REPORT Council informational report. SAN JOSE REFERRAL Discussion was held regarding the San Jose referral of converting a single family residence to a medical office use on Los Gatos-Almaden Road. Mr. Ventura moved that a letter of the Towns prior position on denying the application be sent to the City of San Jose. Mr. Carlson seconded. Carried by a vote of three ayes. Mr. Daily voted no and Mr. Ferrito was absent. MIDPENINSULA REGIONAL OPEN SPACE DISTRICT WAIVE A&S FEES Midpeninsula Regional Open Space District request for a waiver of Site and Architectural Design Review Fees. Mr. Daily moved to deny the request. Mr. Carlson seconded. Carried by a vote of three ayes. Mr. Ventura voted no. Mr. Ventura stated there should be some type of consistent philosophy regarding applications by government agencies. COMMENDING LUCILLE HOGAN Mr.Ventura moved to adopt Resolution No. 1985-107 entitled, A RESOLUTION COMMENDING LUCILLE HOGAN. Mr. Carlson seconded. Carried unanimously. COMMENDING JILL CODY Mr. Ventura moved to adopt Resolution No. 1985-108 entitled, A RESOLUTION COMMENDING JILL CODY. Mr. Carlson seconded. Carried unanimously. NEIGHBORHOOD CENTER OUTREACH ACTION PLAN & FEE SCHEDULE This item regarding the Neighborhood Center Outreach Action Plan and Fee Schedule was pulled from the agenda. A public hearing is to be scheduled at a later date. FY1985-86 SALARY & POSITION CONTROL AMENDMENT Mr. Ventura moved to adopt Resolution No. 1985-109 entitled, A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AMENDING RESOLUTION NO. 1985-99. Mr. Carlson seconded. Carried unanimously. 367 LOS GATOS BOULEVARD THRASH HOUSE Mr. Ventura moved to adopt Resolution No. 1985-110 entitled, RESOLUTION GRANTING APPEAL FROM THE PLANNING COMMISSION DECISION APPROVING DEMOLITION OF AN EXISTING STRUCTURE IN THE R-1D ZONE. (367 Los Gatos Boulevard - National Benevolent Association Health Services Corporation Thrash House). Mr. Carlson seconded. Carried unanimously. ZONING ORDINANCE RELATING TO EXPIRATION OF ZONING APPROVALS Mr. Ventura moved to adopt Ordinance No. 1659 entitled, AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONING ORDINANCE OF THE TOWN OF LOS GATOS RELATING TO EXPIRATIONS OF ZONING APPROVALS. Mr. Carlson seconded. Carried unanimously. COMMUNICATIONS LOGGING TAPE RECORDING SYSTEMS "A" & "B" Mr. Ventura moved to adopt Resolution No. 1985-111 entitled, RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS APPROVING SPECIFICATIONS FOR COMMUNICATIONS LOGGING TAPE RECORDING SYSTEMS "A" AND "B"; and authorize the Town Clerk to advertise for bids. Mr. Carlson seconded. Carried unanimously. INSTANT RECALL TAPE RECORDING SYSTEM Mr. Ventura moved to adopt Resolution No. 1985-112 entitled, RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS APPROVING SPECIFICATIONS FOR INSTANT RECALL TAPE RECORDING SYSTEM; and authorize the Town Clerk to advertise for bids. Mr. Carlson seconded. Carried unanimously. COMMENDING RUTHEFORD G. MONTGOMERY Mr.Ventura moved to adopt Resolution No. 1985-113 entitled, a RESOLUTION COMMENDING RUTHERFORD G. MONTGOMERY. Mr. Carlson seconded. Carried unanimously. MINUTES JULY 1, 1985 Mayor Benjamin requested additional information be added to page 4, letter from Los Gatos Jaycees. The addition to read, "Discussion was held and it was noted that all proceeds of this festivity goes to worthy causes throughout the Community and specifically because this is the Town's 4th of July Picnic open to all residents and proceeds going to the Centennial Committee will go to the celebration of the Town's Centennial". Mr. Daily moved the minutes of July 1, 1985 be approved as amended. Mr. Ventura seconded. Carried unanimously. WRITTEN COMMUNICATIONS a.Letter with complaints from Mrs. McClure regarding Villa Vasona. Mrs. McClure spoke on her complaints and answered Council's questions. It was consensus of Council to direct staff to work with Mrs. McClure to resolve the problems. b.Request from John K. Garland, Manager of Carry Nation's, to hold "Carry Nation's Backyard Barbecue" in the Town parking lot behind the establishment. Mr. Daily moved to deny Mr. Garland's request for the July 28th "Carry Nation's Backyard Barbecue" on Station Way. Mr. Carlson seconded. Carried y a vote of three ayes. Mr. Ventura abstained. JUNE 30, 1985 FINANCIAL STATEMENT Mr. Carlson moved for approval of the June 30, 1985 Financial Statement. Mr. Daily seconded. Carried unanimously. JULY 1, 1985 WARRANTS Mr. Carlson moved for approval of the july 1, 1985 warrants in the amount of $411,481.57. Mr. Daily seconded. Carried unanimously. JULY 5, 1985 PAYROLL Mr. Carlson moved to approve the July 29, 1985 payroll in the amount or $24,779.17 and special warrants in the amount of $158,185.01. Mr. Daily seconded. Carried unanimously. HOUSING CONSERVATION PROGRAM FUNDING FORMULA Regina Falkner from Community Services department and Lee Bowman, Planning Director explained the formula and answered Council's questions. Mr. Carlson moved to adopt the proposed amendment to the Housing Conservation Program Guidelines which will regulate the number and amount of loans over $25,000, the present limit, granted to eligible applicants. Mr. Daily seconded. Carried by a vote of three ayes. Mr. Ventura and Mr. Ferrito were absent. MOBILE HOME PARK RENT INCREASE LIMITS Ken Hamilton, mobile home park owner; Lorraine Hollands, mobile home realtor; Malcom McNelly, mobile home park owner; Clovis Mirassou Jr. and Clovis Mirassou Sr., mobile home park owners; Shirley Joslin, 484 Woodland Ave., Space 27; Mary Alice Blice, 484 Woodland Ave., Space 43; Randy Grimes, Rent Mediation Board member; Harryette Shuell, information and Referral Service; Andy Pete Johnson, 484 Woodland Ave.; Dorothy Wiegand, 484 Woodland Ave.; and other spoke on this issue. There was further discussion and questions by Council. Mr. Ventura moved to waive the reading of ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE RENT MEDIATION AND DISPUTE ORDINANCE TO REGULATE RENT INCREASES TO NEW MOBILE HOME PARK RESIDENTS. Mr. Daily seconded. Carried unanimously. Deputy Clerk read title. Mr. Ventura moved ordinance be introduced. Mr. Daily seconded. Carried by a vote of three ayes. Mr. Carlson voted no, as he believes that the original Rent Advisory Commission consensus recordation is the one we should have adopted. Mr. Ferrito was absent. FUNDING SAN JOSE OPERA THEATER Mr. Ventura moved to approve appropriation of $600.00 from the Cultural Commission FY 1984-85 Fifth Quarter budget to the San Jose Opera Theater for two performances to be held on August 11, 1985. Mr. Daily seconded. Carried unanimously. APPEAL 400 BLOSSOM HILL ROAD Mayor Benjamin stated this was the time and place duly noted for continued public hearing to consider appeal of the Planning Commission's denial for approval of plans to construct an additional office building and to waive screen wall requirements on property in the "O" zone. The property located at 400 Blossom Hill Road. Mr. Higgins, appellant, requested this be continued to the August 5, 1985 Council meeting. Mr. Ventura moved to grant the request to continued the appeal to August 5, 1985 Council meeting. Mr. Carlson seconded. Carried unanimously. UNDERGROUND UTILITY DIST. NO. 85-1 PROJECT 318 Mayor Benjamin stated this was the time and place duly published for public hearing to consider establishment of Underground Utility District No. 85-1 (Village Lane -Saratoga Avenue to Bachman Avenue). Mr. Zapf, Town Engineer, gave his report and answered questions. No one wished to speak on this issue. Mr. Carlson moved hearing be closed. Mr. Daily seconded. Carried by a vote of three ayes. Mr. Ventura and Mr. Ferrito were absent. Mr. Carlson moved to waive the reading of AN ORDINANCE OF THE TOWN OF LOS GATOS ESTABLISHING UNDERGROUND UTILITY DISTRICT NO. 85-1, PROJECT 318, IN THE VILLAGE (SARATOGA AVENUE TO BACHMAN AVENUE) AREA. Mr. Ventura seconded. Carried unanimously. Deputy Clerk read title. Mr. Carlson moved Ordinance be introduced. Mr. Ventura seconded. Carried unanimously. Mr. Carlson moved to direct staff to develop plans and specifications for bids on electroliers. Mr. Ventura seconded. Carried unanimously. UNDERGROUND UTILITY DIST. NO. 85-2 PROJECT 319 Mayor Benjamin stated this was the time and place duly published for public hearing to consider establishment of Underground Utility District No. 85-2 (Woos Road to Broadway Avenue). Mr. Zapf gave his report and answered questions. No one wished to speak on this issue. Mr. Carlson moved hearing be closed. Mr. Ventura seconded. Carried unanimously. Mr. Carlson moved to waive the reading of AN ORDINANCE OF THE TOWN OF LOS GATOS ESTABLISHING UNDERGROUND UTILITY DISTRICT NO. 85-2, PROJECT NO. 319, IN THE SOUTH SANTA CRUZ AVENUE (WOOD ROAD TO BROADWAY AVENUE) AREA. Mr. Daily seconded. Carried unanimously. Deputy Clerk read title. Mr. Daily moved Ordinance be introduced. Mr. Carlson seconded. Carried unanimously. Mr. Daily moved to direct staff to develop plans and specifications for bids on electroliers. Mr. Carlson seconded. Carried unanimously. UNDERGROUND UTILITY DIST. NO. 85-3 PROJECT 320 Mayor Benjamin stated this was the time and place duly published for public hearing to consider establishment of Underground Utility District No. 85-3 (Blossom Hill Road to Andrews Street). Mr. Zapf gave his report and answered questions. No one wished to speak on this issue. Mr. Daily moved hearing be closed. Mr. Ventura seconded. Carried unanimously. Mr. Ventura moved to waive the reading of AN ORDINANCE OF THE TOWN OF LOS GATOS ESTABLISHING UNDERGROUND UTILITY DISTRICT NO. 85-3, PROJECT NO. 320, IN THE NORTH SANTA CRUZ AVENUE (BLOSSOM HILL ROAD TO ANDREWS STREET) AREA. Mr. Daily seconded. Carried unanimously. Deputy Clerk read title. Mr. Ventura moved Ordinance be introduced. Mr. Daily seconded. Carried unanimously. Mr. Ventura moved to direct staff to develop plans and specifications for bids on electroliers. Mr. Daily seconded. Carried unanimously. VERBAL COMMUNICATIONS Gary Hill, Aldercroft Heights residents, requested Council's support to honor the fire fighters at a picnic. Mr. Hill is to meet with staff and develop a program consistent with existing town policies. SB-75 "DEEP POCKETS" Mr. Carlson moved to send a letter of support to members of the Assembly Judiciary Committee urging passage of SB-75 either in its current form or in an amended form acceptable to the League of California Cities. Mr. Daily seconded. Carried unanimously. Mr. Ventura and Mr. Ferrito were absent. FEDERAL BUDGET No action taken on letter from Kathryn Winter, Yountville Mayor Pro Tem, regarding the Federal budget. LETTER OF APPRECIATION TO AGENCIES REGARDING LEXINGTON FIRE On consensus motion Council moved to send a letter of appreciation to all public and private agencies involved in the Lexington Reservoir Fire activity. EROSION CONTROL FIRE AREA Mr. Ventura moved to direct staff to write a letter to agencies responsible for post-fire activity regarding erosion control as to their plans. Mr. Carlson seconded. Carried unanimously. COUNTY HILLSIDE PLAN UPDATE Mr. Ventura reported on the County meeting. This item has been put over to the County's August 1, 1985 meeting. Mr. Ventura moved to approve the amendment to the County Hillside Plan as follows, "6. Secondary Dwelling Units: New secondary dwelling units (attached and detached) are subject to this plan." Mr. Daily seconded. Carried unanimously. RESOLUTION OF COMMENDATION FIREFIGHTERS & COMMUNITY Mr. Ventura moved to adopt resolution No. 1985-114 entitled, A RESOLUTION COMMENDING THE EFFORTS OF BOTH FIREFIGHTERS AND MEMBERS OF THE COMMUNITY IN RESPONSE TO THE NEEDS OF THOSE RESIDENTS THREATENED BY THE RECENT FOREST FIRES. Mr. Carlson seconded. Carried unanimously. LIST FROM TOWN RECORDS The Acting Town Manager, Nadine Levin, reported on the establishment of a policy regarding the distribution of mailing lists compiled by Town staff. It was the consensus of Council to adopt a policy regarding distribution of mailing lists. HANDICAPPED ACCESS RESTAURANTS There was discussion by Council regarding the status of handicapped access in restaurants. The Acting Town Manager directed to provide Council with report on the status of handicapped access in restaurants at the August 19, 1985 Council meeting. BUS TURNAROUND LOCATION Discussion was held on the location of the turnaround for Santa Clara County buses. LOS GATOS BLVD. INTERCONNECT Discussion was held regarding the interconnect on Los Gatos Boulevard signals. This was referred to the Town Engineer for correction. ADJOURNMENT Mayor Benjamin declared the meeting be adjourned at 11:15 p.m., to Executive Session to discuss the possible acquisition of 20 Grays Lane. Negotiations to be with Charles Kilian attorney on behalf of Gerald and Emogene Boyle. ATTEST: Rebecca L. Yates Sr. Deputy Clerk