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M 02-03-86TOWN OF LOS GATOS CALIFORNIA TOWN COUNCIL/PARKING AUTHORITY AGENDA FEBRUARY 3, 1986 TOWN COUNCIL The Town Council/Parking Authority met in a joint meeting in the Council Chambers of the Town Hall at 7:55 p.m, in regular session. ROLL CALL PRESENT:Joanne Benjamin, Thomas J. Ferrito, Brent N. Ventura, and Mayor Terrence J. Daily. ABSENT:Eric D. Carlson. PLEDGE OF ALLEGIANCE Given by all in attendance. EXECUTIVE SESSION REPORT The Town Attorney, Mary Jo Levinger, stated that following the Council meeting of January 21, 1986, Council met in executive session and pursuant to Government Code Section 54956.9(c) discussed institution of litigation of zoning violations. There is nothing to report. Council also discussed potential acquisition of 20 Grays Lane and the Eilertsen property. There is nothing to report. On January 27, 1986 Council met in executive session pursuant to Government Code Section 54956.9(c) to discuss institution of litigation of zoning violations. There is nothing to report. Prior to tonight's meeting of February 3, 1986, Council met in executive session pursuant to Government Code Section 54956.9(a) to discuss lawsuit of Town vs. Scott. No action to report on this item. Litigation GTE Mobilnet vs. the Town and GTE Mobilnet PUC application with no action taken on the discussion. Pursuant to Government Code Section 54956.9(c) Council discussed institution of litigation on building violations and zoning violations. Nothing to report. BID AWARD - FLATBED DUMP TRUCK It was noted by staff that bids were received from South Bay Ford Truck Sales in the amount of $18,277.45 and from Swanson Ford in the amount of $19,423.71. After some discussion, Mr. Ventura moved that bid be awarded to South Bay Ford Truck Sales in the amount of $18,277.45. Mrs. Benjamin seconded. Carried by a vote of four ayes. Mr. Carlson was absent. BID AWARD - 3/4 TON PICK-UP It was noted bids wee received from South Bay Ford Truck Sales in the amount of $32,796.40 and Swanson Ford in the amount of $33,271.68 (for 2 trucks). After some discussion, Mrs. Benjamin moved that bid for the (2) 3/4 ton pick-up trucks be awarded to South Bay Ford Truck Sales in the amount of $32,796.40. Mr. Ventura seconded. Carried by a vote of four ayes. Mr. Carlson was absent. BID AWARD - 2 DUMP TRUCKS It was noted bids were received from South Bay Ford Truck Sales in the amount of $82,614.40 and from Garden State International Trucks in the amount of $83,149.30. Mrs. Benjamin moved that bid for the (2) dump trucks be awarded to South Bay Ford Truck Sales in the amount of $82,614.40. Mr. Ventura seconded. Carried by a vote of four ayes. Mr.Carlson was absent. BID AWARD - BACKHOE PAVEMENT BREAKER Staff reported only one bid was received for the purchase of the Backhoe. After some discussion, Mrs. Benjamin moved to award the bid for the Backhoe Pavement Breaker to Empire tractor & Equipment in the amount of $20,230.49. Mr. Daily seconded. Carried by a vote of three ayes. Mr. Ventura voted no. Mr. Carlson was absent. BID AWARD - LINE MARKING MACHINE It was noted bids were received for the line marking machine ranging from low bid of $44,008.00 to a high of $50,430.00. Mr. Ventura moved to award the bid to Ricker Machinery Co., in the amount of $44,008.00. Mrs. Benjamin seconded. Carried by a vote of four ayes. Mr. Carlson was absent. BID AWARD - VIBRATORY ROLLER It was noted 5 bids were received ranging from low bid of $19,800.00 to high id of $27,951.40. Mrs. Benjamin moved to award the bid to Ingersoll-Rand Equipment Sales in the amount of $19,800.00. Mr. Ventura seconded. Carried by a vote of four ayes. Mr. Carlson was absent. COMMUNICATIONS (referral/file) a.Letter from G & P Rental, 14814 Los Gatos Boulevard, requesting an extension on the non-conforming use of land until the State of California requires its termination in order to build the 85 Corridor. Mr. Ventura moved to refer communication to the Town Manager for report. Mrs. Benjamin seconded. Carried unanimously. On suggestion of Mayor Daily it was consensus of Council to authorize staff to schedule this for public hearing on Mach 3, 1986, if it is necessary. b.Letter from City of Monte Sereno regarding admission/parking fees charged at Oak Meakdow Park. Mr. Ventura moved to refer said communication to Town Manager for report. Mrs. Benjamin seconded. Carried unanimously. COUNTY REFERRALS Mr. Ventura moved to accept staff recommendation as follows: 1782-31-45-82B Soda Springs Road Kiely Extension of time no comment. Mrs. Benjamin seconded. Carried unanimously. PUBLIC HEARING SCHEDULE Informational report for Council. PLANNING COMMISSION MONTHLY REPORT Informational report for Council. NOTICE OF COMPLETION Mr. Ventura moved to approve the Notice of Completion and Certificate of Acceptance for Tract 7456 - Alberto Oaks Office Condominiums. Mrs. Benjamin seconded. Carried unanimously. TOPPING WAY #1 ANNEXATION Mr. Ventura moved for adoption of Resolution No. 1986-18 entitled, A RESOLUTION INITIATING PROCEEDINGS FOR THE ANNEXATION OF CERTAIN INHABITED TERRITORY DESIGNATED AS TOPPING WAY #1 TO THE TOWN OF LOS GATOS. (Public hearing is set for March 17, 1986). Mrs. Benjamin seconded. Carried unanimously. NOVITIATE NO. 2 ANNEXATION Informational report for Council. WEED ABATEMENT Mr. Ventura amoved for adoption of Resolution No. 1986-19 entitled, A RESOLUTION DECLARING WEEDS A PUBLIC NUISANCE AND PROVIDING FOR THEIR ABATEMENT. (This sets the public hearing on weed abatement for Mach 3, 1986). Mrs. Benjamin seconded. Carried unanimously. COMMENDATION TIM COUGHLIN Mr. Ventura moved for adoption or Resolution No. 1986-20 entitle, RESOLUTION COMMENDING TIM COUGHLIN for services as a member of the Los Gatos Community Services Commission. Mrs. Benjamin seconded. Carried unanimously. COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM Mr. Ventura moved Council adopt the income guidelines for lower and very low income households as revised by the Federal Department of Housing and Urban Development. Mrs. Benjamin seconded. Carried unanimously. EXTENSION OF TERM FOR THE LOS GATOS COMMUNITY SERVICES Mr. Ventura moved for adoption of Resolution No. 1986-21 entitled, A RESOLUTION TO CONTINUE THE TOWN COMMUNITY SERVICES COMMISSION. Mrs. Benjamin seconded. Carried unanimously. APPEAL - DENIED (43 BAYVIEW AVENUE) KEMP Mr. Ventura moved for adoption of resolution No. 1986-22 entitled, RESOLUTION DENYING APPEAL OF PLANNING COMMISSION DENIAL OF APPEAL OF SECONDARY UNIT PERMIT (43 Bayview -- John & Judith Kemp). Mrs. Benjamin seconded. Carried unanimously. APPEAL - GOLF DRIVING RANGE (14739 S. Bascom) Mr. Ventura moved for adoption of Resolution No. 1986-23 entitled, RESOLUTION DENYING APPEAL FROM THE PLANNING COMMISSION DENIAL OF CONDITIONAL USE PERMIT APPLICATION AND ARCHITECTURE AND SITE APPLICATION REQUESTING APPROVAL OF PLANS TO CONSTRUCT AND OPERATE A GOLF DRIVING RANGE. (14739 S. Bascom avenue at Wanda Lane -- Los gatos driving Range). Mrs. Benjamin seconded. Carried by a vote of three ayes. Mrs. Benjamin voted no, due to the ambiguity of the letter and not that she was approving the application, as she certainly was not. Mr. Carlson was absent. TREASURER'S REPORT Mayor Daily stated Council acknowledges the receipt of the Treasurer's report for December, 1986. JANUARY 13, 1986 MINUTES Mrs. Benjamin requested corrections on Page 2, last paragraph 1st sentence should read, " .. feels there are alternatives other than mass..". Page 3, 7th paragraph add to end of sentence, ".. on both sides as is being done in the Guadalupe Corridor.". There were also some corrections of spelling. Mrs. Benjamin moved minutes of January 13, 1986 be approved as corrected. Mr. Ferrito seconded. Carried unanimously. JANUARY 21, 1986 MINUTES Mr. Ventura requested correction on page 5, 7th paragraph to include the vote by adding, "Motion carried by vote of three ayes. Mr. Daily and Mrs. Benjamin voting no.". Mayor Daily requested correction on page 5, subject PRESENTATION - LOS GATOS HIGH SCHOOL FOOTBALL TEAM, last line to read, "The Key will be placed in the Schools trophy case". Page 8, subject, ADJOURNMENT, first sentence should read, ".. adjourned to executive ..". Mrs. Benjamin moved minutes of January 21, 1986 be approved as corrected. Mr. Ferrito seconded. Carried unanimously. JANUARY 17, 1986 PAYROLL Mr. Ferrito moved to approve the January 17, 1986 payroll in the amount of $128,720.18 plus payroll related warrants in the amount of $99,282.80. Mrs. Benjamin seconded. Carried unanimously. JANUARY 24, 1986 UNIFORM PAYROLL Mr. Ferrito moved to approve the January 24, 1986 uniform allowance payroll in the amount of $6,171.80 plus payroll related warrants in he amount of $218.00. Mrs. Benjamin seconded. Carried unanimously. CLOSURE - LEROY AVENUE Mayor Daily stated this was the time and place duly published and posted for public hearing to consider the closure of Leroy Avenue as requested buy residents in the area. Engineer Ron Zapf, spoke to Council on signing that has been in place since November 1985 and reported on studies staff has completed in the area. Speaking on the issue was Mike Thomas, Leroy Avenue, who feels the signs installed have really been no help. Morna Crites-Moore, Frank Avenue, spoke on her concerns on impact of traffic on other streets with closure of Leroy Avenue. Bill Gordon, Izorah Way, stated he opposes barrier and feels there should be more police enforcement. Mr. Esparza, Frank Avenue, stated he opposes a barrier as that would push traffic onto his street. Douglas Crites- Moore suggested the placement of a stop sign at Izorah and Frank Avenue. Others speaking to this issue were Leon Cozzo, J. Manganello, George Spooner, Aurora Sallitto, Terry Meinzer, Candy Rogers and Rick Miller. Also speaking was Hugh Dresslar, owner of the Happy Hound, stating he was no longer in violation of the zoning ordinance as he no longer uses the house behind Happy Hound for a warehouse. No one else wished to speak on this issue. Mrs. Benjamin moved hearing be closed. Mr. Ferrito seconded. Carried unanimously. Chief Acosta spoke on enforcement of violators and reasons for opposing the closure of the street. Discussion was held on placement of no parking signs on both sides of Leroy Avenue. After further discussion Council directed staff to work with neighborhood group on Leroy Avenue to come up with a restricted parking system on Leroy Avenue that could include permit parking,hours of operation, etc. Staff to report back to Council on February 18, 1986. Also suggested was clarification of signing on Leroy Avenue and police to give some extra patrol on Leroy Avenue. GENERAL PLAN AMENDMENT TO THE GENERAL PLAN & DOWNTOWN SPECIFIC PLAN - PARKING, CIRCULATION, LAND USE & DOWNTOWN PARKING PLAN Mayor Daily stated this was the time and place duly noted for continued public hearing to consider Planning Commission's recommendation on General Plan Amendment to the General Plan and Downtown Specific Plan concerning parking, circulation, land use and downtown parking plan. The Planning Director, Lee Bowman, stated that the Parking commission has changed the proposed parking program. The amendment, as required by State law, will have to be referred back to the Planning Commission so that they can consider the changes. Mrs. Benjamin moved hearing be continued to March 3, 1986. Mr. Ferrito seconded. Carried unanimously. LANDMARK & HISTORIC PRESERVATION OVERLAY ZONE Mayor Daily stated this was the time and place duly noted for continued hearing for consideration of amendments to the Town Zoning Ordinance, A-85-14, concerning uses that would not otherwise be permitted in the LHP zone. No one wished to speak on this issue. Mr. Ferrito moved hearing be closed. Mr. Ventura seconded. Carried unanimously. Mr. Ferrito moved to waive the reading for AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING CHAPTER 4.86 OF THE ZONING ORDINANCE RELATING TO PERMITTED USES IN THE LANDMARK HISTORIC PRESERVATION OVERLAY ZONE. Mrs. Benjamin seconded. Carried unanimously. Clerk read title. Mr. Ferrito moved ordinance be introduced. Mrs. Benjamin seconded. Carried unanimously. MACABEE GOPHER TRAP REZONING Mayor Daily stated this was the time and place duly noted for continued public hearing for consideration of an amendment to the Zoning Ordinance Z-85-6, establishing the R-1:80,000 LHP (Single Family Residential, 8,000 square foot minimum lot size - Landmark and Historic Preservation Overlay zone) for property located at 110 Loma Alta Avenue (Macabee Gopher trap Co.). No one from the audience wished to speak on this item. Mr. Ferrito moved hearing be closed. Mr. Ventura seconded. Carried unanimously. Mr. Ferrito moved reading be waived for AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING SECTION 2 OF ORDINANCE 1278 RELATING TO THE MACABEE GOPHER TRAP MANUFACTURING COMPANY. Mrs. Benjamin seconded. Carried unanimously. Clerk read title. Mr. Ferrito moved ordinance be introduced. Mrs. Benjamin seconded. Carried unanimously. AMENDMENT TO HOUSING ELEMENT Mayor Daily stated this was the time and place duly noted for continued public hearing to consider amendments to the Housing Element of the General Plan, GP-85-2 regarding the Below Market Price Program. Lee Chase, member of the Planning Commission, explained the rationale of the formula as shown in the report. Ms. Fanelli of Fanelli Consulting, spoke on her concerns of how fees are based. Also speaking to the issue was Ted Shebs. No one else wished to speak on this issue. Mrs. Benjamin moved hearing be closed. Mr. Ventura seconded. Carried unanimously. discussion was held on the calculation of the fees. Mr. Bowman explained the method of calculating the in lieu fees, stating the commission considered 3% of the sales price or 6% of the building permit valuation. Commission also considered that the fee be paid at the time of obtaining the building permit and that the fee be determined prior to the time that the project comes before the Planning Commission. There was further discussion. On consensus motion, Mr. Ferrito moved to continue hearing for preparation of resolution. Mrs. Benjamin seconded. Carried unanimously. Mr. Ventura stated he would like staff to prepare two resolutions, one showing 15% - 1 formula for BMP units, and the other showing 18% -1. Mr. Ferrito stated he would move to have staff prepare two resolutions as suggested. Mrs. Benjamin seconded. Carried unanimously. VERBAL COMMUNICATIONS Carla Gowdy, representing Bluebirds & Campfire Girls of Daves Avenue School, stated the Bluebirds are starting their annual fund raising program and are requesting permission to use the Town Plaza for this purpose during the month of February 1986. After Further discussion, Mr. Ferrito moved to approve said request subject to the receipt of insurance certificate for $1 million nd signed Hold Harmless Agreement. Mr. Ventura seconded. Carried unanimously. PROPOSED PARKING PROGRAM Frank Howell, Parking Commission Chairman, spoke on proposal presented to Council stating the Commission is hopeful of completing Phase 1 this year and to accomplish this Council needs to approve the proposal as soon as possible. Also speaking on this issue was Rex Morton, member of the Parking Commission, stating the Commission would like to have the opportunity to get the assessment district started as soon as possible. Councilmember Joanne Benjamin and Mayor Daily, on behalf of Council, commended the Parking Commission for their work on said Parking project. Further discussion was held on the proposal. Mayor Daily stated that Council has not has the opportunity to review proposal and the absence of one Councilmember makes it impossible to make decision tonight. Mr. Ventura moved to adjourn this hearing to a continued meeting at 8:30 p.m. on February 10, 1986. Preceding the meeting there will be a study session held at 7:30 p.m. Mrs. Benjamin seconded. Carried unanimously. ROUTE 85 CORRIDOR REPORT FROM POLICY ADVISORY BOARD Mr. Ventura stated the next Advisory Policy Board will meet on March 19, 1986 whereby they have asked for the Town's position on HOV lanes, Land Use, and clarification as to the number of lanes and rapid transit. Mr. Ventura recommended these be agendized for Council and have staff prepare written report on this issues for discussion. It was suggested that a study session be set up before this be agendized. This will be set later this month. HISTORIC PRESERVATION OVERLAY ZONE AND MACABEE GOPHER TRAP ZONING No action was taken on these two items based on Councils introduction of ordinances as amended earlier in the meeting. NOISE ORDINANCE AMENDMENT Mr. Ferrito moved to waive the reading for AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING SECTION 11.30.080 OF THE LOS GATOS TOWN CODE RELATING TO OUTDOOR PAGING SYSTEMS. Mrs. Benjamin seconded. Carried unanimously. Clerk red title. Mr. Ferrito moved for introduction of ordinance. Mr. Ventura seconded. Carried unanimously. ZONING ORDINANCE AMENDMENT - SECONDARY DWELLING UNITS The Town Attorney reported on the proposed ordinance, stating it has been reviewed and clarified regarding owner occupied units. Mr. Ventura moved to make the findings that the ordinance amendment is consistent with the General Plan. Mrs. Benjamin seconded. Carried unanimously. Mr. Ventura moved to waive the reading for AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING SECTION 3.96.050 OF THE TOWN ZONING ORDINANCE RELATING TO SECONDARY DWELLING UNITS. Mrs. Benjamin seconded. Carried unanimously. Clerk read title. Mr. Ventura moved for introduction of the ordinance. Mrs. Benjamin seconded. Carried by a vote of three ayes. Mr. Ferrito abstained and wants the record to reflect that the ambiguity needs to be cleared up and also feels that when when Council started on the road towards secondary units the original proposal by Council was that one of the two units be owner occupied and he feels a change has been made which he cannot support. LIABILITY INSURANCE The Town Manager gave a status report on the liability insurance stating she will continue to keep Council updated on this situation. ROUTE 85 ADVISORY ELECTION FORMAT Discussion was held on timing for the placement of a measure being placed on the June Ballot. It was the consensus of Council to have staff look at the General Plan for basis of wording of a ballot measure. A study session will be held on this Monday, february 10, 1986 after the continued meeting at 8:30 p.m. TRANSIT ASSIST AUDIT Mr. Ferrito moved Council accept the Transit Assist Program Audit for FY 1984- 85 and that Council authorize the return of excess revenues to the Metropolitan Transportation Committee (MTC). Mrs. Benjamin seconded. Carried by a vote of three ayes. Mr. Carlson and Mr. Ventura were absent. CBDG FUNDS FOR ACQUISITION OF 95 FAIRVIEW PLAZA Mr. Ferrito moved to authorize the release of $79,500.00 in Community Development Block Grant funds allocated to the Affordable Housing Fund for the purchase of a four-plex located at 95 Fairview Plaza. Mr. Ventura seconded. Carried unanimously. COMPENSATION COMMUNITY SERVICES SPECIALIST Mrs. Benjamin moved for adoption of resolution No. 1986-24 entitled, A RESOLUTION ESTABLISHING COMPENSATION FOR COMMUNITY SERVICES SPECIALIST. Mr. Ventura seconded. Carried unanimously. Salary change effective February 9, 1986. BLOSSOM HILL/SHANNON ROAD PEDESTRIAN SAFETY It was consensus of Council to modify the public hearing and set hearing for April 7, 1986. In addition to other recommendation by staff, staff to have a report back on signal timing on Blossom Hill and Cherry Blossom. Bids for said project would be set at a later date. TOWN PLAZA PARKING Mrs. Benjamin moved deletion of red curb, removal of proposed planter and add four parking spaces. Mr. Daily seconded. Carried by a vote of three ayes. Mr. Ferrito voted no because he felt the proposal by staff is the best plan. LEXINGTON MASTER PLAN Council accepted the report with the following changes: (1) amendments included development of Alma College Site as a State park or regional open space; (2) fees for services in Lexington Park should be strictly limited; (3) revegetation and landscaping should be included in #4; (4) screening with planting should e included in all parking areas; and (5) elimination of power boats should be considered. SECONDARY UNIT PERMITS (SIEMENS) Discussion was held on the recommendation. Mr. Ferrito questioned staff on reason for recommendation. Mr. Bowman answered questions of Council stating the Ordinance has changed. After further discussion, Mr. Ferrito moved to accept the report and inform the Siemens' that failure to comply with the provisions of the Secondary Unit Ordinance will cause their permit to be revoked and that the unit will need to be abated. Mr. Ventura seconded. Carried unanimously. ADJOURNMENT Mayor Daily declared the meeting adjourned at 11:40 p.m. to February 10, 1986, to an executive session to be held at 6:30 p.m.; Study Session at 7:30 p.m.; Public meeting at 8:30 p.m. (to consider the Parking Project); and another study session following the 8:30 meeting. ATTEST: Rose E. Aldag Town Clerk