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M 12-07-82TOWN OF LOS GATOS TOWN COUNCIL MEETING DECEMBER 7, 1982 TOWN COUNCIL The Town Council of the Town of Los Gatos met in the Council Chambers of the Town Hall at 7:40 p.m., in continued regular session. roll CALL PRESENT: Joanne Benjamin, Terrence J. Daily, Thomas J. Ferrito, Marlyn J. Rasmussen and Mayor Brent N. Ventura. ABSENT: None. ZONING ORDINANCE AMENDMENT Mayor Ventura stated this was the time and place duly published for public hearing to consider the following certain amendments to the Zoning Ordinance. a. Sign regulations in the CM Zone. b. Adding fraternal organizations, clubs, lodges and halls as permitted uses in the R-1 zone upon approval of a Conditional Use Permit. c. Permitting non-conforming fraternal organizations to continue interminably. Discussion was held on item (a). No one from the audience wished to speak on this issue. Mrs. Rasmussen moved hearing be closed. Mr. Daily seconded. Carried unanimously. Mrs. Rasmussen moved, on consensus motion, Council uphold staff recommendation and introduce the proposed ordinance. Mayor Ventura seconded. N. one voted on the motion. Discussion was held regarding omitting "The Rules for Fraternal Organizations", from the proposed ordinance. After further discussion, Mrs. Rasmussen moved reading be waived and negative declaration be made on ORDINANCE AMENDING THE ZONING ORDINANCE AMENDING THE RULES FOR SIGNS IN THE CM ZONE. Mr. Daily seconded. Carried unanimously. Clerk read title. Mrs. Rasmussen moved ordinance be introduced as amended omitting ("The Rules for Fraternal Organizations"). Mrs. Benjamin seconded. Carried unanimously. Mrs. Rasmussen stated due to possible conflict of interest on item (b) and (c) she would step down from her chair and participate in the audience portion. Mr. Max Perlman, Mrs. Rasmussen, Helen Boitano and William Bergholdt spoke on use of Elk's club, the need for definition of uses and asked that this be referred back to Planning Commission for modification. Tom Baer, Planning Commissioner, stated if this is being referred to Planning Commission then, Council should give the Commission some definite directions. No one else wished to speak on this issue. Mr. Ferrito moved hearing be closed. (Mrs. Rasmussen resumed her position as Council member). Mrs. Benjamin seconded. Carried unanimously. After further discussion, Mr. Ferrito moved to refer items (b) and (c) back to Planning Commission and direct Commission to examine all fraternal organizations as to uses, determine if compatible with the surrounding neighborhood, check to see if any have a Conditional Use Permit. In drafting ordinance, give some consideration if any of the non-conforming Fraternal Organizations are destroyed would they be able to rebuild. This report to come back to Council no later than six months. Mr. Daily seconded. Carried by a vote of four ayes. Mrs. Rasmussen abstained. TOLL HOUSE PROJECT APPEAL Mayor Ventura stated this was the time and place duly published for public hearing to consider an appeal of Planning Commission's decision not to modify zoning approval of EIR-73-13 and 13A; Conditional Use Permit Application U-76-1 and 1A and Architecture and Site Application S-73-134,134A134B and 134C. The Town Attorney spoke to Council regarding status of project and presented Clerk with Exhibits A through 1. Bob Lee, appellant of the project, spoke on his concerns of having another bar and restaurant at this location. RECESS Mayor Ventura called a recess. Meeting reconvened at 9:15 p.m. TOLL HOUSE APPEAL (CONTINUED) Ed. P. Davis, Attorney for the Toll House Project, stated he came to discuss traffic and the impact of traffic on this project, this is the only issue on the appeal. Mr. Davis stated the proposed 96 room hotel would not adversely impact the Town and Downtown area. He cited traffic analysis studies, environmental impact reports and reports of the Planning Commission as supporting their claims. Mr. Davis presented the Town Clerk with a list of corrections required by the Building Department before permits could have been issued and stated those have all been done and building permits were issued. Mr. Davis asked that the above sheet from Building Department be noted as "Exhibit J. Speaking against a bar and restaurant being included in the project were Dom Salitto, Aurora Sallitto, Jo Bartlett, Bob Cowan, Kathryn Morgan, Peter Siemens, Diane Siemens and Tom Baer. William Hedley, spoke on the start of Toll House Project and the various studies made to advise the needs of the people and the community. RECESS Mayor Ventura declared a recess. Meeting reconvened at 11:45 p.m. TOLL HOUSE PROJECT APPEAL (CONTINUED) Dale Carson, representing McKellar & Associates, spoke on the Toll House Project concept. The Hotel consists of 96 rooms, the bar would be in conjunction with the restaurant and will be mainly for patrons of the hotel. After further discussion on various points, Mrs. Rasmussen moved hearing be closed. Mrs. Benjamin seconded. Carried unanimously. Mr. Ferrito moved to modify the Use Permit to delete the bar and service of any alcoholic beverage in the hotel and that we also modify the Use Permit to delete the restaurant. Motion died for lack of second. Mr. Ferrito moved to modify the Use Permit to delete bar and any sale of alcoholic beverages and reduce the restaurant by 50%, for number of seats allowed in current permit, based upon Mr. Carlson testimony. Mr. Daily asked for amendment to motion to reduce the restaurant seating 35%. Mr. Ferrito stated he council not agree to amendment. Motion died for lack of second. Mrs. Rasmussen moved Council deny the appeal. Mrs. Benjamin seconded. Mr. Daily, Mr. Ferrito and Mayor Ventura spoke in opposition of the motion. No vote was taken. Substitute motion, Mr. Ferrito moved modify Use Permit to delete the bar and service of alcoholic beverages, find that Planning Commission erred in that it did not consider specifically Policy #13 (traffic and public safety problems) and generally did not consider the relationship between traffic; public safety; the bar; and the concerns and policies in the Specific Plan and General Plan as it relates to the number of bars and restaurants and the problems they cause. Mr. Daily seconded. Mr. Daily moved for amendment to this substitute motion, that "the seating capacity of the restaurant be reduced by 35%". Mr. Ferrito accepted the amendment and wanted to add one other finding, "the permit is not consistent with the General Plan and Specific Plan". Mr. Daily seconded. Carried by a vote of three ayes. Mrs. Benjamin and Mrs. Rasmussen voting no. The Town Attorney to prepare resolution stating the findings and present to Council at their next meeting. CONTINUANCE OF MEETING Mr. Ferrito moved meeting be continued past midnight. Mr. Daily seconded. Carried unanimously. VACATION OF VILLA AVENUE This item was continued to January 3, 1983, by consensus of Council. RESOLUTION RE APPEAL 15861 WINCHESTER BLVD. Mr. Ferrito moved for adoption of Resolution No. 1982-226 entitled, RESOLUTION GRANTING APPEAL FROM DECISION OF BUILDING OFFICIAL RE HANDICAPPED ACCESS, (15861 Winchester Blvd. - Drs. Don McCleve, et al.). Mrs. Rasmussen seconded. Carried unanimously. RENTAL MEDIATION ORDINANCE Mr. Ferrito moved for adoption of Ordinance No. 1558 entitled, ORDINANCE REPEALING SECTION 24.10.025 OF THE TOWN CODE AND THEREBY EXTENDING CHAPTER 24 INDEFINITELY. Mrs. Benjamin seconded. Carried by a vote of three ayes. Mrs. Rasmussen voting no and Mayor Ventura abstained. SOLAR LEASING PROGRAM The Town Attorney, Mr. Hays, stated this ordinance had been introduced at the meeting of November 15, 1982. But, to ensure that there is no question the program is established prior to January 1, 1983, there has been a change to the ordinance by adding an urgency clause which if adopted as an urgency ordinance would become effective immediately. Mr. Ferrito moved reading be waived for URGENCY ORDINANCE ESTABLISHING A MUNICIPAL SOLAR UTILITY PROGRAM. Mr. Daily seconded. Carried unanimously. Clerk read title. Mayor Ventura moved for adoption of Ordinance No. 1559 entitled, URGENCY ORDINANCE ESTABLISHING A MUNICIPAL SOLAR UTILITY PROGRAM. Mr. Ferrito seconded. Carried by a vote of four ayes. Mrs. Rasmussen voting no. CLAIM FOR DAMAGES Mrs. Rasmussen moved Council accept staff recommendation and deny said claim filed on behalf of Mrs. Roy Larrecou. Mayor Ventura seconded. Unanimously carried. Mrs. Rasmussen moved Council accept staff recommendation and deny said claim filed on behalf of Elsie M. Williams. Mr. Daily seconded. Carried unanimously. CONSTRUCTION TAX ORDINANCE AMENDMENT Mayor Ventura moved for adoption of Ordinance No. 1560 entitled, AN ORDINANCE AMENDING CHAPTER 15 OF THE TOWN CODE RELATING TO CONSTRUCTION TAX. Mrs. Rasmussen seconded. Carried unanimously. PERSONNEL ORDINANCE AMENDMENT Mrs. Rasmussen moved for adoption of Ordinance No. 1561 entitled, ORDINANCE AMENDING CHAPTER 21 OF THE TOWN CODE TO (1) STATE THAT CONFIDENTIAL AND MANAGEMENT EMPLOYEES AS DESIGNATED IN THE PERSONNEL RULES ARE NOT SUBJECT TO CIVIL SERVICE (SEC. 21-2 (f); (2) PROVIDE THAT EMPLOYEES TRANSFERRED FROM A CIVIL (COMPETITIVE) SERVICE POSITION TO AN EXEMPT POSITION ARE GUARANTEED THE RIGHT TO RETURN TO THEIR FORMER CIVIL SERVICE POSITION (SEC. 21-13); AND (3) PROVIDE THAT AN EMPLOYEE OF THE TOWN MAY APPLY FOR A PROMOTIONAL EXAM (SEC. 21-13.5). Mr. Daily seconded. Carried unanimously. LIBRARY MANAGEMENT POSITION Mrs. Rasmussen moved for adoption of Resolution No. 1982-227 entitled, A RESOLUTION AMENDING TOWN RESOLUTION 1982-122 AUTHORIZING FY 1982 POSITIONS AND SALARIES AND AMENDING THE TOWN MANAGEMENT COMPENSATION PLAN. Mr. Daily seconded. Unanimously carried. PARKING LIMITS TOWN PARKING LOTS Discussion was held on proposal for change of time limits in Town Parking lots. Mayor Ventura stated he would write to Chamber of Commerce informing them of the proposed changes. It was consensus of Council a hearing be scheduled for January 17, 1983 but it will be an informal hearing and newspapers to be notified. VOTING BY MAIL Report received from Community Services and Development Commission regarding voting by mail. Mayor stated this be noted and filed. MEETING ANNOUNCEMENT Town Manager stated there would be no Council meeting on December 20, 1982 and next Council meeting would be January 3, 1983. There will be a study session held on December 13, 1982 at 8:00 p.m. ADJOURNMENT Meeting adjourned at 12:45 a.m.