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M 08-02-82TOWN COUNCIL MEETING AUGUST 2, 1982 TOWN COUNCIL The Town Council of the Town of Los Gatos met in the Council Chambers of the Town Hall at 7:30 p.m. in regular session. ROLL CALL PRESENT: Ruth Cannon, Marlyn J. Rasmussen, Peter W. Siemens and Mayor Brent N. Ventura. ABSENT: Thomas J. Ferrito. AMENDED 8-16-82 Mr. Ferrito arrived at 8:52 p.m. PLEDGE OF ALLEGIANCE Given by all in attendance. PRESENTATION RICHARD GAINES Mayor Ventura presented Richard Gaines with a Resolution of Commendation for his services to the Town and the Community as a Planning Commissioner. Sam Laub, Chairman of the Planning Commission also presented Mr. Gaines with a Resolution from the Planning Commission. REPORT EXECUTIVE SESSION Mayor Ventura stated the following matters had been discussed in the Executive Session that was held prior to the Council meeting. Potential litigation regarding Westwood Construction and Litigation of Villa Vasona. No action was taken. EX-AGENDA ITEMS Mr. Siemens moved to add ex-agenda items as follows: 1. (b) Letter from O.L. Johns. 14. (b) Letter from Lela Austin announcing her resignation from the Community Services and Development Commission.; and 16. (a) Discussion of employees ballot measure regarding biweekly payroll; and 27. (a) Discussion regarding Federal Legislation on Cable TV. Mrs. Rasmussen seconded. Unanimously carried. WRITTEN COMMUNICATIONS REFERRAL/FILE 1. a. Petition was received signed by 36 residents requesting parking regulations be set on Knowles Drive between Capri Drive and Pollard Road. Mrs. Rasmussen moved this be referred to staff for a report on August 16, 1982 meeting. Mr. Siemens seconded. Unanimously carried. b. Letter from O.L. Johns opposing the bus stop in front of his store at 151 N. Santa Cruz Avenue. Matter referred to the Town Attorney. COUNCIL HEARING SCHEDULE Public hearings schedule for Council meeting. (Council information only). MONTHLY PLANNING REPORT Mrs. Rasmussen moved Council accept Planning Departments monthly report including Planning Commission/Planning Department work priorities for the month of August, 1982. Mr. Siemens seconded. Carried unanimously. COUNTY REFERRALS Mrs. Rasmussen moved to accept Planning Commission's recommendation on the following: 1707-26-41-82A-82B Summit Road Viramontes Variance setback no comment. Mr. Siemens seconded. Unanimously carried. NON-CONFORMING SIGN ABATEMENT Mrs. Rasmussen moved Council accept staff report on the status of non-conforming sign abatement program. Mr. Siemens seconded. Unanimously carried. CIVIC CENTER RESTROOM MODIFICATIONS PROJECT 278 Mrs. Rasmussen moved Council adopt Resolution No. 1982-150 entitled, RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS APPROVING PLANS AND SPECIFICATIONS FOR PROJECT 278-CIVIC CENTER RESTROOM MODIFICATIONS, setting call for bids for 3:00 p.m. August 25, 1982. Mr. Siemens seconded. Unanimously carried. POLICE MOTORCYCLE Mrs. Rasmussen moved Council adopt Resolution No. 1982-151 entitled, RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS APPROVING PLANS AND SPECIFICATIONS FOR THE PURCHASE OF A 1982 OR 1983 MODEL MOTORCYCLE FOR POLICE TRAFFIC PATROL USE, and authorize Clerk to set call for bids for 3:00 p.m., August 25, 1982. Mr. Siemens seconded. Unanimously carried. CYPRESS ROAD SLIDE REPAIR Council accepted staff report regarding the Cypress Way slide repair. NOTICE OF COMPLETIONS Mrs. Rasmussen moved Council accept staff recommendation and approve Notice of Completion and Certificate of Acceptance on the following: a. Dell Enterprises (Winchester and Knowles) b. Tract 6853, Los Gatos Boulevard (Moehlman). Mr. Siemens seconded. Unanimously carried. BONNIE LANE NO. 3 ANNEXATION Accept staff information that Bonnie Lane No. 3 Annexation has been submitted to LAFCO. BROADWAY EXTENSION PARKING RESTRICTION Mrs. Rasmussen moved for adoption of Resolution No. 1982-152 entitled, PARKING RESTRICTION-BROADWAY EXTENSION (prohibiting parking on both sides of Broadway Extension). Mr. Siemens seconded. Unanimously carried. STANDARD LIFE INSURANCE CONTRACT AMENDMENT Mrs. Rasmussen moved for adoption of Resolution No. 1982-153 entitled, A RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO EXECUTE AN AMENDMENT TO THE STANDARD LIFE INSURANCE CONTRACT FOR THE PROVISION OF EMPLOYEE-PAID SUPPLEMENT LIFE INSURANCE OPTION. Mr. Siemens seconded. Unanimously carried. MINUTES Mayor Ventura stated there was one correction to the July 19th minutes on page 3. Subject "Transit Occupancy Tax" (near end of the hearing) should read "Council is asking for the power to raise the tax to 10% and that is something that is not necessarily going to stay 'that way forever'." He added the word "necessarily". Mrs. Cannon moved minutes for July 19 be approved as amended and July 26 minutes be approved as submitted. Mr. Siemens seconded. Unanimously carried. WRITTEN COMMUNICATIONS (for action) a. Request for Live Oak Nutrition Center for additional Revenue Sharing funds in the amount of $5,515. The additional funds to be allocated as follows: (1) a $4,915.00 amendment to the Town's 82-83 revenue sharing contract with the County of Santa Clara for provision to the local site; and (2) a separate letter agreement with the local Live Oak Nutrition Center for a lump sum allocation of $6.00.00 to cover beverage costs for 82-83. Mrs. Cannon moved request be granted. Mr. Siemens seconded. Unanimously carried. b. Letter from the Los Gatos Police Officer's Association, requesting permission to hold their annual "Run for the Hills" to be held on September 25, 1982. (There will be no cost to the Town for this event). Mrs. Rasmussen moved request be granted. Mr. Siemens seconded. Unanimously carried. c. Request from Fiesta de Los Gatos regarding street closures and other items to be approved for the Fiesta. Mr. Siemens moved Council accept staff recommendations and approve the requested street closures, the use of parking spaces for trash receptacles and signing for the hanging of the large canvass banner in the Town Plaza and approve the video game van subject to that individual paying proper Town Business License. Mrs. Cannon seconded. Unanimously carried. d. Letter from Lela Austin resigning from the Community Service and Development Commission due to her appointment to the Planning Commission. Mrs. Cannon moved resignation be accepted, Town Clerk be directed to advertise the vacancy on said Commission and direct Town staff to prepare a Resolution of Commendation for Mrs. Austin. Mrs. Rasmussen seconded. Unanimously carried. PAYROLL AND WARRANT DEMANDS Mrs. Rasmussen moved payroll and warrant demands for the month of July be approved. Mrs. Cannon seconded. Unanimously carried. TREASURER'S MONTHLY REPORT Mrs. Cannon moved to accept Treasurer's report for the month of June, 1982. Mrs. Rasmussen seconded. Unanimously carried. BI-WEEKLY PAY FOR EMPLOYEES Mr. Stoops, Town Treasurer, spoke in opposition to the proposal of an election of employees on the possibility of a bi-weekly pay. He stated this had not been discussed with the Clerk or himself and asked for two week continuance to allow him to discuss this with employees and Manager. Mrs. Cannon asked for staff report on what the impact would be to the Town on a change in payroll date. Mrs. Rasmussen moved issue be continued to August 24, 1982, to allow Treasurer to develop report on the issue and also talk to employees. Mayor Ventura seconded. Unanimously carried. PUSHCART REGULATIONS Mayor Ventura stated this was the time and place for continued public hearing regarding pushcart regulations. July Howell, Chairman of the Chamber of Commerce Pushcart Committee, spoke on meetings held by the committee and review of what other cities were doing on this issue. Committee concerned regarding traffic and parking constraints downtown and their recommendation after these studies is that pushcart and vendors not be permitted in Los Gatos as a daily business, but be allowed on specialoccasions such as holidays, sidewalk sales or by arrangement with community events sponsors with proper control provided. Discussion was held by Council on the lack of sanitary facilities for the vendors. Speaking in favor of pushcarts were Irving Zide, Ron Cohen and Jerry Falk. Speaking in opposition of the vendors was Sam Yablonsky, who presented Council with photographs which he stated showed the unsanitary conditions of the pushcarts and requested all pushcarts or peddlers licenses be revoked. Mr. Ferrito arrived at 8:52 p.m. Joe Tripp, member of the Chamber of Commerce Pushcart Committee, spoke on the committee report. John Gamm, spoke on lack of problems of pushcart and vendors in Santa Cruz and how the City of Santa Cruz regulates. He stated there is a Design Review fee required and also a business license. Mayor Ventura stated he had reviewed the tape of the hearing when he was absent so therefore will be eligible to vote. Len Landry spoke on the issue as did Richard Villas who suggested the possible monitoring and regulating the numbers of pushcarts to be allowed. After further discussion, Council by consensus motion directed the Town Attorney to acquire a copy of Santa Cruz Ordinance regulating vendors and after a review of said ordinance and with input from the Council Mr. Hayes should draft a proposed ordinance and present to Council on September 20, 1982. BANDOV 4-LOT SUBDIVISION Mrs. Cannon moved request from applicant for continuance to August 16, 1982 be granted. Mr. Siemens seconded. Unanimously carried. WEED ABATEMENT Mayor Ventura stated this is the time and place duly published for public hearing on the proposed weed abatement charges to be placed on the 1982-83 tax roll. No one wished to speak on this issue, Mr. Ferrito moved hearing be closed. Mrs. Rasmussen seconded. Unanimously carried. Mrs. Cannon moved for adoption of Resolution No. 1982-154 entitled, A RESOLUTION RESCINDING RESOLUTION NO. 1982-132 AND ADOPTING REPORT DESCRIBING PARCELS OF REAL PROPERTY, AND SHOWING AMOUNT OF WEED ABATEMENT CHARGES TO BE COLLECTED ON THE TAX ROLL OF THE TOWN OF LOS GATOS IN THE COUNTY OF SANTA CLARA, FOR THE FISCAL YEAR 1982-83. Mr. Siemens seconded. Unanimously carried. RECESS Mayor Ventura declared a recess. Meeting reconvened at 9:45 p.m. CLAIM FOR DAMAGES Mrs. Rasmussen moved to accept staff recommendation and deny the claim for damages filed by Francis Bricmont. Mrs. Cannon seconded. Unanimously carried. TRANSIENT OCCUPANCY TAX It was consensus of Council to accept the Impartial Analysis on the Increase of Transit Occupancy Tax Measure to be placed on the November 2, 2982 ballot, as prepared by the Town Attorney. ZONING ORDINANCE AMENDMENT RE DOWNTOWN SPECIFIC PLAN Mayor Ventura stated public hearing on the Zoning Ordinance Amendment had been held on July 26, 1982, now Council should consider this matter. Discussion was held as what is allowed in the LM Zone. Parking requirements regarding restaurant and bars was discussed. Asked for clarification of meaning of exemptions for reconstruction. The Town Attorney stated this section pertaining to historic structures, allowing them to be rebuilt in exactly the same from as they were before anything had happened to them. Mayor referred to statement from the Plan which read, "The deciding body shall review the application for traffic, roadway/intersection capacity and make one of the following determination (a) the project will not impact any of the critical roadway intersections causing the roadway/and/or intersection to exceed their available capacities. (b) the project will impact the critical roadways and intersections causing the capacity of the roadway and intersections to be exceeded. Any project receiving Town determination (a) may proceed. Any project receiving only determination (b) shall not be approved" and this should be incorporated into said ordinance. After further discussion, Mr. Ferrito moved reading be waived for ORDINANCE AMENDING THE ZONING ORDINANCE TO EFFECT THOSE AMENDMENTS REQUIRED BY THE DOWNTOWN SPECIFIC PLAN. Mr. Siemens seconded. Carried by a vote of four ayes. Mrs. Cannon abstained as she had been absent at the hearing meeting. Town Clerk read title of the Ordinance. ZONING AMENDMENT DOWNTOWN SPECIFIC PLAN Mr. Ferrito moved for amendment to the Ordinance under Sec. 10 add (6) "As Mayor Ventura had read previously". Mr. Siemens seconded. Carried by a vote of four ayes. Mrs. Cannon abstained. Mr. Siemens moved for introduction of the Ordinance as amended. Mr. Ventura seconded. Carried by a vote of four ayes. Mrs. Cannon abstained. AMENDMENT TO THE R-1D ZONE Mr. Ferrito moved reading be waived for ORDINANCE AMENDING THE ZONING ORDINANCE AMENDING THE R-1D ZONE. Mr. Siemens seconded. Carried by a vote of four ayes. Mrs. Cannon abstained. Town Clerk rad title. Mr. Ferrito moved Ordinance be introduced. Mr. Ventura seconded. Carried by a vote of four ayes. Mrs. Cannon abstained. ZONE IN CONFORMANCE WITH ADOPTED DOWNTOWN SPECIFIC PLAN Mr. Ferrito moved Council finds that the amendments are consistent with the General Plan and the Downtown Specific Plan. Mr. Ventura seconded. Carried by a vote of four ayes. Mrs. Cannon abstained. Mr. Ferrito moved Council direct Planning Commission to consider rezoning of the High School properties as listed in category #1 to R-1. Mr. Ventura seconded. Carried by a vote of four ayes. Mrs. Cannon abstained. Mr. Ferrito moved Council accept Planning Commission recommendation for properties listed in Category #1 except the High School properties. Mr. Ventura seconded. Carried by a vote of four ayes. Mrs. Cannon abstained. Discussion was held regarding properties noted in Category #2 and it was Council's desire to make sure that the four parcels addressed as New York Avenue re zoned to RC, Mr. Siemens moved to accept Planning Commission's recommendation on Category #2 and instruct the commission to initiate the necessary hearing. Mr. Ferrito seconded. Carried by a vote of four ayes. Mrs. Cannon abstained. Discussion was held on properties at the NW corner of Mariposa Avenue and N. Santa Cruz Avenue. Council feels Planning should consider a multiple residential zone on these properties and not "O" Zone. Mr. Ventura moved Council direct Planning Commission to consider RM:5-12; R-1D or "O" for properties addressed as 663, 669, 671, 675 and 685 N. Santa Cruz Avenue and property at 8 Mariposa Avenue be considered for R-1:8. Mr. Ferrito seconded. Carried by a vote of four ayes. Mrs. Rasmussen voting no. (This had not been considered at the previous public hearing, Mrs. Cannon was eligible to vote). Mr. Ferrito moved that parcel addressed as 399 Nicholson Avenue also be referred back to Planning to consider rezoning (Category #3). Mr. Siemens seconded. Carried by a vote of four ayes. Mrs. Cannon abstained. Mr. Ferrito moved there be no change in Category #3 regarding property at 106 Royce and it remain as C-2. Mrs. Rasmussen seconded. Carried by a vote of four ayes. Mrs. Cannon abstained. Mr. Siemens moved Council accept the Commission's report and continue Category #4 until September 7, 1982 pending the report on the parking issues. Mrs. Rasmussen seconded. Unanimously carried. Mr. Siemens moved to concur with Planning Commission's recommendation that a Plan amendment and subsequent zone changes be considered for the existing offices located on Almendra Avenue to change them from C-2 to O. Mr. Ventura seconded. Unanimously carried. Mrs. Rasmussen moved Council direct Planning Commission to consider amendment to the RC zone regarding existing uses. Mr. Siemens seconded. Unanimously carried. Mr. Ventura moved Council direct Planning Commission to consider amendment to Downtown Plan to rezoning property within Parking Assessment District to "O" Zone. Mrs. Cannon seconded. Unanimously carried. Mr. Ventura moved that the town properties on corner of Miles and University Avenues addressed ad 122 and 202 University Avenue be rezoned to "O" instead of R-1D. Mr. Ferrito seconded. Carried by a vote of four ayes. Mrs. Cannon abstained. Mrs. Rasmussen moved Council request Planning Commission to consider amending the Downtown Plan and draft a new zone that would allow mixed uses between Elm Street and Grays Lane on the West side of University Avenue. Mrs. Cannon seconded. Carried by a vote of three ayes. Mr. Ferrito and Mayor Ventura voting no. Mr. Ferrito moved Council direct the Planning Commission to amend the Downtown Plan and Zoning Ordinance to increase parking requirements for restaurants from 1 space for 4 seats to 1 space for three seats. Mr. Siemens seconded. Unanimously carried. Mr. Ferrito moved reading be waived for AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONING ORDINANCE EFFECTING ZONE CHANGE NO. TO BRING THE ZONES IN CONFORMANCE WITH THE ADOPTED DOWNTOWN SPECIFIC PLAN. Mayor Ventura seconded. Unanimously carried. Town Clerk read title. Mr. Siemens moved ordinance be introduced as amended. Mayor Ventura seconded. Carried by a vote of four ayes. Mrs. Cannon abstained. TRAFFIC DIVERTERS SAN BENITO AVENUE & ANDREWS STREET The Town Attorney reported on legislation regarding diverters and discussion was held on request for traffic diverters in the vicinity of San Benito Avenue and Andrews Street. Mrs. Cannon stated she was opposed to anymore diverters. After further discussion, Mr. Siemens moved Council set public hearing for September 7th, 1982 and residents in the area be notified by the Engineering Department. Mr. Ferrito seconded. Carried by a vote of four ayes. Mrs. Cannon voting no. DITTOS LANE REPORT Mr. Ferrito moved Council accept staff recommendation and direct staff to request the owner of the Alpine Chalet to provide a permanent surface over his driveway and parking areas. Mrs. Rasmussen seconded. Unanimously carried. NOVEMBER 2, 1982 BALLOT MEASURE ARGUMENT Council reviewed the proposed ballot argument as presented and made a change in last sentence to read,"....and could provide alternative needed revenue." Mrs. Rasmussen moved Council to accept and sign the Argument favoring the measure. Mrs. Cannon seconded. Unanimously carried. REIMBURSEMENT BY DEVELOPERS ON RT-O-WY AND STREET IMPROVEMENT Mrs. Rasmussen moved to waive reading for an ORDINANCE ADDING ARTICLE V TO CHAPTER 26 OF THE LOS GATOS TOWN CODE REQUIRING PAYMENT BY A DEVELOPER FOR LAND ACQUISITION AND STREET IMPROVEMENTS PREVIOUSLY PAID FOR BY TOWN AT SUCH TIME AS A BUILDING PERMIT IS DESIRED. Mr. Siemens seconded. Unanimously carried. Town Clerk read title. Mrs. Rasmussen moved ordinance be introduced. Mr. Siemens seconded. Unanimously carried. CABLE TV Mr. Ferrito moved Council notify Senators Cranston and Hayakawa as to their opposition to S-2172 (Goldwater Bill). Mr. Siemens seconded. Unanimously carried. TAPE RECORDING MEDIATION BOARD MEETINGS Harryette Shuell spoke to Council requesting permission to tape mediation and arbitration hearings. Mrs. Rasmussen moved request be granted but tapes to be retained by the Town Clerk. Mrs. Cannon seconded. Unanimously carried. STATE LEGISLATION Mr. Ferrito moved to support AB2873 (Bates) Legislation to overturn Supreme Court Traffic Diverter Case. Oppose SB-1785 (Foran) Bills cutting Quimby Act Dedications and Freezing Development Standards and oppose AB571 (Naylor) Inverse condemnation bill reappears. Mr. Siemens seconded. Unanimously carried. Mr. Ferrito moved to support House Bill 01267 (Panetta) Offshore oil lease. Mayor Ventura seconded. Carried by a vote of three ayes. Mrs. Cannon and Mrs. Rasmussen voting no. GTE SERVICE OUTAGE Mr. D.A. Kiel, Division Manager of GTE, 15900 Los Gatos Boulevard spoke to Council regarding telephone outage in July, 1982. Mr. Kiel introduced Jim Rutledge from Santa Monica office, who explained the cause of the outage and explained the hardware fault. CALTRANS REPORT Council member Siemens reported on meeting with Caltrans regarding Highway 85 appeal. COUNCIL APPOINTMENTS Mayor Ventura stated he would make appointments to various committees in November after the election and in the meantime he would be replacing Mr. Siemens on the Sanitation District No. 4 Board. Mr. Ferrito would be replacing Mayor Ventura on the HCD Board. Mr. Ferrito would be replacing Mayor Ventura on the HCD Council Committee. No other changes will be made until November. ADJOURNMENT Mayor Ventura declared the meeting adjourned at 11:59 p.m.