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M 03-15-823/15/82 TOWN COUNCIL The Town Council of the Town of Los Gatos met in the Council Chambers of the Town Hall at 7:45 p.m., in regular session. ROLL CALL PRESENT: Ruth Cannon, Thomas J. Ferrito, Marlyn J. Rasmussen, Brent N. Ventura and Mayor Peter W. Siemens. ABSENT: None. PLEDGE OF ALLEGIANCE Given by all in attendance. EXECUTIVE SESSION REPORT Mayor Siemens reported on the Executive Session held prior to the Council meeting stating the following matters were discussed: 1. Status of Pedro's lawsuit 2. Discussed the Hamilton lawsuit relating to the election consolidation that was denied by the Supreme Court. 3. Discussed the Novitiate litigation. 4. Discussed the possible settlement of the Villa Vasona litigation. PRESENTATION Mayor Siemens presented Terrence Daily with Resolution of Commendation for his services on the Youth Advisory Commission. TREE CITY On behalf of the National Arbor Day Foundation Don Collins U.S. Forestry Service, stated it gave him great pleasure to present the Town with Tree City U.S.A. award for an outstanding urban forestry program, for the second year in a row. Mr. Frank Jelinch, Chairman of the Park Commission, accepted the award and spoke on his attending a meeting in Sacramento, at which time he had received this award and read letter complimenting the Town on its activity in said program. Mayor Siemens stated he would like to take this time to compliment Park Superintendent Robert Bryant, who is really responsible for maintaining all activities in said program. WRITTEN COMMUNICATIONS (REFERRAL/FILE) a. Letter from Rev. Fred A. Wilson (Calvary Baptist Church) requesting to conduct an outdoor concert at Oak Meadow Park on July 3, 1982. Mrs. Rasmussen moved request be referred to staff for report at the April 5, meeting and make sure they coordinate with Jaycees. Mrs. Cannon seconded. Unanimously carried. b. Letter from Ralph Rowland (Calvary Church) requesting permission to hold "The L.P.C. Fun Run" on April 17, 1982. Mrs. Rasmussen moved this be referred to staff for a report to Council at the meeting of April 5, 1982. Mrs. Cannon seconded. Unanimously carried. c. A request from Peter Johnson requesting Council to declare April as "Youth Month". Mrs. Rasmussen moved that staff prepare the necessary declaration. Mrs. Cannon seconded. Unanimously carried. d. Letter from Sierra Foothills Community Assistance Project, Inc, requesting Council to prepare a resolution (by March 6, 1982) condemning the recent rate hikes for PG&E by the Public Utilities Commission. Received to late to make requested action. CAPITAL IMPROVEMENT BUDGET No action taken. For information to Council. COUNCIL PUBLIC HEARING SCHEDULE For Council information showing schedule of public hearings. COUNTY REFERRALS Mrs. Rasmussen moved Council accept staff recommendation on the following: 1578-33-44-81G Soda Springs Road Wokoek Single Family Dwelling No Comment. 1614-28-40-82LA Mr. Charlie Road Josselyn/Triegleff Lot line adjustment No comment. 1616-28-42-82B Navajo Trail O'Connor Single Family Dwelling No Comment. 1611-32-54-82V Jacaranda Way Edwards Variance to reduce sideyard from 8' to 5' No comment. Mrs. Cannon seconded. Unanimously carried. ABAG HOUSING REPORT Mrs. Rasmussen moved to accept staff recommendation and move to adopt Resolution No. 1982-60 entitled, RESOLUTION REQUESTING REVISIONS OF HOUSING NEEDS DETERMINATION FOR THE TOWN OF LOS GATOS, which incorporate the ABAG housing needs report. Mrs. Cannon seconded. Unanimously carried. REVISED BMP Discussion was held on the proposed Resolution and it was consensus of Council this be referred back to staff for further review of additional priorities and a report be back to Council for their consideration at a later date. STREET TREE FUND Council accepted staff report. Expenditures from the Street Tree Deposit Account are for the purchase of trees, tree stakes, tree ties, fertilizers, and insecticides, etc. (as stated in SECTION 31-10 of the Town Code). The present Street Tree Deposit Account balance is $47,297.22. TRUCK ROUTE Mrs. Rasmussen moved this be continued and refer to staff for report and bring back to Council for consideration at a later date. Mr. Ferrito seconded. Unanimously carried. CERTIFICATES OF ACCEPTANCE AND NOTICES OF COMPLETION Mrs. Rasmussen moved for approval of Certificates of Acceptance and Notices of Completion on the following: a. Los Gatos Christian Church-16845 Hicks Road b. The Chart House-115 N. Santa Cruz Avenue. Mrs. Cannon seconded. Unanimously carried. COMMENDATION WILLIAM QUIGLEY Mrs. Rasmussen moved to adopt Resolution No. 1982-61, entitled, A RESOLUTION COMMENDING WILLIAM T. QUIGLEY, for his service on the Community Services and Development Commission. Mrs. Cannon seconded. Unanimously carried. PROHIBITING PARKING-15475 LOS GATOS BLVD. Mrs. Rasmussen moved to adopt Resolution No. 1982-62, entitled, PARKING RESTRICTION-15475 LOS GATOS BOULEVARD, (along a portion of Los Gatos Boulevard at MacDonald's). Mrs. Cannon seconded. Unanimously carried. HIGH SCHOOL COURT PARKING Mrs. Rasmussen moved to adopt Resolution No. 1982-63, entitled, ONE HOUR PARKING-EAST SIDE OF HIGH SCHOOL COURT, this establishes one hour parking limit for the east side of High School Court north of E. Main Street. Mrs. Cannon seconded. Unanimously carried. WATER & SEWER EXTENSION AGREEMENT-HACKETT Mrs. Rasmussen moved to adopt Resolution No. 1982-64 entitled, RESOLUTION AUTHORIZING WATER AND SEWER EXTENSION AGREEMENT, authorizing the Mayor to execute the Water and Sewer Extension Agreement on behalf of the Town, and direct the Town Clerk to record the agreement for property on Subiew Drive (Hackett). Mrs. Cannon seconded. Unanimously carried. WATER & SEWER EXTENSION AGREEMENT JOHNSON Mrs. Rasmussen moved to adopt Resolution No. 1982-65 entitled, RESOLUTION AUTHORIZING WATER AND SEWER EXTENSION AGREEMENT, authorizing the Mayor to execute the Water & Sewer Extension Agreement on behalf of the Town, and direct the Town Clerk to record the agreement for property on top of the Hill Road (Johnson). Mrs. Cannon seconded. Unanimously carried. FENCING ON HIGH SCHOOL COURT Mr. Ferrito asked for study of landscaping where fence was installed on Church Street as he feels the fence is unsightly. It was consensus of Council this be referred to staff for inspection. EX AGENDA ITEM Mrs. Cannon moved discussion regarding impartial analysis of senior housing ballot measure be added as agenda item 38. Mr. Ventura seconded. Unanimously carried. Mayor Siemens stated they would also discuss the matter of the advisory measure and the possibility of making said measure binding. This will also be discussed under agenda item 38. MINUTES Mrs. Rasmussen moved minutes of Council meeting March 1, 1982, be approved as submitted. Mr. Ventura seconded. Unanimously carried. WRITTEN COMMUNICATIONS (ACTION) a. Mr. Ventura moved to approve the request from the E.V.C.S.A. to sponsor a concert at Oak Meadow Park on Sunday, May 9, 1982 from 2:00 p.m. to 3:30 p.m. Mrs. Rasmussen seconded subject to this being brought back to Council if there is any alcoholic beverages to be sold. Maker of motion accepted this. Unanimously carried. b. Mrs. Cannon moved to approve the Chamber of Commerce request for their annual Spring Sidewalk Sales days, (March 19 & 20). Mrs. Rasmussen seconded. Unanimously carried. c. Letter from Los Gatos Meadows regarding Wood Road. Mr. Ventura moved to accept staff recommendation and install a double yellow center strip on Wood Road from Santa Cruz Avenue to the lower driveway to the Los Gatos Meadows. Mrs. Rasmussen seconded. Unanimously carried. FEBRUARY REVENUE AND EXPENDITURE REPORTS Council accepted the Financial statements for February, 1982, from the office of the Town Clerk. FEBRUARY TREASURER' REPORT Council accepted the Treasurer's report for the month of February, 1982. INDUSTRIAL DEVELOPMENT BONDS Council accepted report from Town Treasurer. Sail report noted and filed. PUBLIC HEARING WESTERNER PRE-SCHOOL APPEAL Mayor Siemens stated this was the time and place duly published for public hearing concerning an appeal of Planning Commission's decision to modify the zoning approval granted by Conditional Use Permit Application U-63-2 for the operation of a nursery school and pool at 210 Los Gatos-Almaden Road. Continued by Council from September 21, 1981. The Planning Director, Lee Bowman, explained background as far as Planning Commission meetings. Mr. Ferrito stated, due to implication by one of the appellants, someone may think there is a conflict of interest so Mr. Ferrito disqualified himself from voting and would not participate in this hearing. Dan Gallagher, Attorney for the Westerner Pre-School, summarized the appeal on five different grounds. 1. The school is excellent quality and its operation is consistent with its use permit; 2. Traffic and noise associated with the school is minimal, with such as is generated by a similar business. 3. The conditions imposed are accepted; 4. The conditions are unnecessary in that self regulations have been imposed prior to the Planning Commission; and 5. That there were additions made at a second Planning Commission meeting after there had been a final ruling of conditions. Speaking against the stacking of cars and traffic on Hershner Court and use of pool by Chuck Thompson for swim school were, Maureen Heberling, T. Anderson, Vada Foudray, Lois Perry, Mrs. Mendenhall, M. Mickilak. Speaking in support of the school were, Mrs. Storm, Mrs. Sperling, B. Nicholson, A. Cirigliano, Randy Gardner, Linda Urzi, Donna Tresi, Linda DeHart. After taking all testimony and no one else wished to speak on this issue, Mrs. Rasmussen moved hearing be closed. Mrs. Cannon seconded. Carried by a vote of four ayes. Mr. Ferrito abstained. RECESS Mayor Siemens declared a recess. Meeting reconvened at 10:50 p.m. WESTERNER PRE-SCHOOL APPEAL (CONTINUED) Discussion was held on the conditions as set forth by the Planning Commission. Various amendments were made to said conditions as follows: Condition No 3-Last sentence to read Swimming instructions shall be limited to a 6 week summer session and to consist of not more than 10 one half hour sessions per day. This motion made by Mr. Ventura and seconded by Mrs. Rasmussen. Carried by 4 ayes, Mr. Ferrito abstained. No. 4-Last sentence be omitted. No. 6-To read, "Provide at least a 30 minute separation between AM and PM sessions to reduce peak traffic flow. No. 7-Add "No parking or stopping between 9:00 a.m. and 5:pm. on the north side of Hershner Court." No. 8-Add, "No access from Hershner Court for swimming pool facilities during summer. No. 9-Added to read "Owners to explore and arrange for alternate parking in the nearby shopping center for summer swim sessions. No. 10-Compliance of these conditions be reviewed in one year. AMENDED SEE 4-5-82 MINUTES Mrs. Rasmussen moved the decision of the Planning Commission be modified based on fact that Planning Commission did not consider all the facts and circumstances. Instruct the Town Attorney to prepare necessary resolution modifying Planning Commission conditions as amended above and all conditions be set forth in said resolution and be presented to Council at their meeting of April 5, 1982. Mrs. Cannon seconded. Carried by a vote of 4 ayes. Mr. Ferrito abstained. MEDIATION ORDINANCE AMENDMENT Mayor Siemens stated this was the time and place duly published for public hearing regarding amendments of the Mediation Ordinance. Mr. Hays, Town Attorney, stated he had a request from Information and Referral Services, asking Council to defer action on these proposals. Harryette Shuell, of Information and Referral Services, spoke to Council on the request for deferment and stated the proposed amendments should be referred to a Task Force for study and review and then incorporated into one ordinance amendment, (excluding the amendment re "Six or more units on the same piece of property are covered even though they are in different buildings."). After further discussion, Mrs. Rasmussen moved to continue all items as referred to above to the Task Force committee and bring back to Council in June. Mrs. Cannon seconded. Carried by a vote of four ayes. Mr. Ventura abstained. Mayor to select Councilmember to work on Task Force. RENTAL ORDINANCE AMENDMENT Mayor Siemens stated this was the time and place duly published to consider amendment to the Rental Ordinance stating that six or more units on the same piece of property are covered even though they are in different buildings. There being no one in the audience wishing to speak on this issue, Mayor Siemens declared the public meeting closed. Member of the Tri-County Apartment Association, agreed with the proposed amendment. Mr. Ferrito moved ordinance be amended to include separate buildings on the same property where each building has less than five units but, the buildings taken together total more than five units. Mrs. Rasmussen seconded. Carried by a vote of 4 ayes. Mr. Ventura abstained. Mrs. Rasmussen moved reading be waived for ORDINANCE OF THE TOWN OF LOS GATOS AMENDING SECTION 24.20.015 (1) OF THE TOWN CODE TO CLARIFY THAT SIX OR MORE UNITS ON THE SAME PIECE OF PROPERTY ARE COVERED EVEN THOUGH THEY ARE IN DIFFERENT BUILDINGS. Mr. Ferrito seconded. Carried by a vote of 4 ayes, Mr. Ventura abstained. Mrs. Rasmussen moved Ordinance be introduced. Mr. Ferrito seconded. Carried by a vote of 4 ayes, Mr. Ventura abstained. Clerk read title. PEDICABS AND PUSH CARTS Mrs. Rasmussen moved these items be scheduled for public hearing for April 19. Mrs. Cannon seconded. Carried by a vote of three ayes. Mr. Ventura and Mr. Ferrito voting no. APPEALS PROCEDURES Council accepted the Attorney's report and no change will be made to ordinance. SUBDIVISION AND ZONING ORDINANCE AMENDMENTS Mr. Ferrito moved Ordinance No. 1526 be adopted entitled, ORDINANCE AMENDING VARIOUS PROVISIONS OF THE TOWN CODE AND ZONING ORDINANCE PERTAINING TO SUBDIVISIONS TO CONFORM WITH AMENDMENTS TO STATE LAW. Mrs. Rasmussen seconded. Unanimously carried. ANNEXATION TO CO. SANITATION NO. 4 WHITNEY Mr. Ventura moved to adopt Resolution No. 1982-66 entitled, RESOLUTION AUTHORIZING THE EXECUTION OF AN ANNEXATION AGREEMENT, (The Town approved the annexation of said property to County Sanitation District No. 4 on January 4, 1982, with the provisions that the property owner enter into an agreement for future annexation to the Town). Mrs. Cannon seconded. Unanimously carried. mEDIATION BOARD TRAINING Council information report only. TRANSIT ASSIST JOINT POWERS & COMMUNITY TRANSIT SERVICES AGENCY Mrs. Cannon moved to accept staff recommendation and support the formation of a Joint Powers and Community Transit Services Agency which will provide definite program benefits. Appoint a Town Councilmember to be a JPA board member and instruct to meet with other participating city representatives before April 1, 1982, to approve the FY 1982-83 JPA/CTSA claim. Mr. Ventura seconded. Unanimously carried. After discussion on the possibility of Saratoga dropping out of said program, it was decided that individual members of Council might wish to communicate with members of the Saratoga Council and emphasize to them the need under HPA. If Saratoga should drop out then the Board should pursue the plan with Campbell. TRAFFIC LOS GATOS ALMADEN ROAD Discussion was held on the stop sign located at Los Gatos-Almaden Road and National Avenue. Jack Bailey, Joan Olson and Gladys Mahalla all spoke against said stop sign. After further discussion, Mrs. Rasmussen moved to accept staff recommendations and take the following action: 1. Direct staff to press Mr. Truman Cole to install the street improvements which are required by the conditions of approval of the use permit for the nursery school at 16035 Los Gatos-Almaden Road. 2. Direct staff to negotiate a contract with Mr. Cole for participation in frontage improvements for the unimproved frontage and full reimbursement to the Town when the property develops, and ; 3. Direct staff to include project proposals in the 1982-83 budget for road improvements, restriping and an on call traffic signal at Los Gatos-Almaden Road at National Avenue. Mrs. Cannon seconded. Carried by a vote of four ayes. Mr. Ventura voting no. MEETING CONTINUATION Mr. Ferrito moved that Council meeting be continued to 12:30 a.m., to finish tonights agenda. Mr. Ventura seconded. Unanimously carried. DOWNTOWN PLAN & GENERAL PLAN Mrs. Cannon moved to accept staff recommendation and approve the action of the Town Manager terminating the Town's contract with Genge Consultants and approve the timetable discussed for the review of the Downtown and General Plan. Mrs. Rasmussen seconded. Unanimously carried. CONSTRUCTION TAX ORDINANCE Mr. Ventura moved to adopt Ordinance No. 1527 entitled, AN ORDINANCE AMENDING SECTION 15-76 OF THE TOWN CODE RELATING TO CONSTRUCTION TAX RATES. Mrs. Rasmussen seconded. Unanimously carried. ORDINANCE RE CLERK AND TREASURER'S SALARIES Mrs. Rasmussen moved to adopt Ordinance No. 1528 entitled, ORDINANCE OF THE TOWN OF LOS GATOS PRESCRIBING THE METHOD FOR DETERMINING THE COMPENSATION OF THE TOWN CLERK AND TOWN TREASURER. Mrs. Cannon seconded. Carried by a vote of 4 ayes. Mr. Ventura voting no. TOWN SALARY AND POSITION CONTROL Mr. Ventura moved to adopt Resolution No. 1982-67 entitled, AN AMENDMENT TO RESOLUTION NO. 1981-144: COMMUNITY DEVELOPMENT. (This eliminates the position of Community Development Director). Mr. Ferrito seconded. Unanimously carried. YOUTH WEEK Mr. Ventura moved to accept staff recommendation and give final authorization to the Youth Advisory Commission to proceed with Youth Week '82 and authorize $2,000.00 of Federal Revenue Sharing Funds for its implementation with the condition that the Youth Advisory Commission must match said funds. Mayor Siemens seconded. Unanimously carried. FORBES MILL MUSEUM Mr. Ventura moved for adoption of Resolution No. 1982-68 entitled, A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS IN RECOGNITION OF THE OPENING OF THE FORBES MILL MUSEUM. Mrs. Rasmussen seconded. Unanimously carried. SB-1331 (FORAN) Mayor Siemens moved Council take a position in favor of SB-1331. Mr. Ferrito seconded. Carried by a vote of 4 ayes. Mrs. Cannon voting no. SENIOR HOUSING BALLOT MEASURE The Town Attorney presented Council with a draft of the Analysis of Ballot Measure regarding Senior Citizen Housing on Villa Vasona property for the June Advisory Election. Suggestions were made by Council members as to wording of said draft. IMPARTIAL ANALYSIS AND ARGUMENT Mr. Ventura moved to approve the following argument for said measure, "The Los Gatos Town Council unanimously recommends approval of this measure". Mrs. Rasmussen seconded. Unanimously carried. Mr. Hays Town Attorney, to prepare said argument for signatures. RESOLUTION MAKING CONSOLIDATION OF ELECTION DATES-BINDING Discussion was held on the possible adoption of resolution which would bind the Council to the decision of the electorate at the June 8, 1982, election re the change of election dates. After further discussion, Mr. Ferrito moved Mr. Hays prepare a resolution stipulating that the Council would be bound by the decision of the electorate on said issue and present the resolution at the next meeting. Mr. Ventura seconded. Unanimously carried. ADJOURNMENT Mayor Siemens at 12:45 a.m., declared the meeting adjourned to 7:30 p.m., Monday March 22, 1982 for a public hearing concerning the Downtown Specific Plan.