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M 07-19-82TOWN COUNCIL MEETING July 19, 1982 TOWN COUNCIL The Town Council of Los Gatos met in the Council Chambers of the Town Hall at 8:30 p.m. in regular session. ROLL CALL PRESENT: Ruth Cannon, Thomas J. Ferrito, Marlyn J. Rasmussen, and Mayor Peter W. Siemens, Brent N. Ventura ABSENT: None PLEDGE OF ALLEGIANCE Given by all in attendance. EXECUTIVE SESSION Mayor Siemens reported the following items were discussed at the Closed Session of July 6th, 1982, Council meeting: Toll House litigation Novitiate litigation; and Villa Vasona litigation Mayor Siemens reported the following items were discussed at the July 19th, 1982 Executive Session: Villa Vasona litigation. Set up a Council subcommittee with outside help for financial review. Unanimous vote. Westwood Construction litigation. Unanimous vote. Possible litigation and authorize the Town Attorney to file suit for Hannegan's zoning violations. Unanimous vote. Possible litigation and authorize the Town Attorney to file suit for Pasta and Pizzera zoning violations. Unanimous vote. Toll House suit. Mrs. Cannon and Mrs. Rasmussen voting no. PRESENTATION TOM MITCHELL Mayor Siemens presented Tom Mitchell with a Resolution of Commendation for his service to the Town of Los Gatos as a Police Officer for the past ten years and as Sgt. since March of 1980. ELECTION-MAYOR Mayor Siemens opened the nomination for Mayor. Mrs. Rasmussen moved Brent N. Ventura be nominated. Mrs. Cannon seconded. No Further nominations, Mrs. Rasmussen moved nomination be closed. Mrs. Cannon seconded. Carried unanimously. Mr. Ventura was elected Mayor of Los Gatos on a white ballot. ELECTION-VICE-MAYOR Mayor Ventura declared nominations open for Vice- Mayor. Mrs. Cannon moved Mrs. Rasmussen be nominated as Vice-Mayor. Mr. Siemens seconded. Mrs. Cannon moved nominations be closed. Mr. Siemens seconded. Carried unanimously. Mrs. Rasmussen was elected Vice-Mayor of Los Gatos on a white ballot. APPOINTMENTS PLANNING COMMISSION Mayor Ventura stated this was the time and place scheduled for nominations to the Planning Commission. Applicants are Carl Bumpass, Robert Selden, Nancy Goldman, Gloria Rose Ott, Lela Austin, Terrence Daily, Kathy Morgan, Rex Burbank, Patricia Anderson, and Fred M. Davis. Voting was held and Lela Austin was appointed to fill the unexpired term of Richard Gaines. Terrence Daily was reappointed for a four year term and Rex Burbank was appointed for a four year term. It was consensus of Council to prepare a Resolution of Commendation for Mrs. Dale Hill, Planning Commissioner for her service to the Town. APPOINTMENTS CULTURAL RESOURCES COMMISSION Mrs. Rasmussen moved to continue interviews for the Cultural Resources Commission to August 16, 1982. Mrs. Cannon seconded. Carried unanimously. EX-AGENDA ITEM Mr. Siemens moved to add ex-agenda item on Route 85 Alternative Analysis to the agenda. Mrs. Cannon seconded. Carried unanimously. WRITTEN COMMUNICATIONS (Referral/file) a. Letter from Gordon Chan regarding Winchester Boulevard widening. Mrs. Rasmussen moved to refer to staff for response during bid award for this project. Mrs. Cannon seconded. Carried unanimously. b. Letter from Robrt Mezzetti regarding policing of the area around 414 N. Santa Cruz Avenue. Mrs. Rasmussen moved to refer to staff. Mrs. Cannon seconded. Carried unanimously. COUNCIL PUBLIC HEARING SCHEDULE Council information only. FALSE ALARM Mrs. Rasmussen moved to adopt Resolution No. 1982-143 entitled, A RESOLUTION ESTABLISHING A FALSE ALARM SERVICE CHARGE. Mrs. Cannon seconded. Carried unanimously. BONNIE LANE ASSESSMENT DISTRICT Mrs. Rasmussen moved to accept staff recommendation and authorize staff to do the engineering work for the Assessment District; and authorize staff to negotiate an agreement for the services of a special Assessment District Bond Counsel. Mrs. Cannon seconded. Carried unanimously. PEDRO'S ACCESS MODIFICATIONS Mrs. Rasmussen moved to accept staff recommendation and appropriate $10,000, from the contingency fund for access modifications at Pedro's Restaurant. Mrs. Cannon seconded. Carried unanimously. SALARY & POSITION CONTROL Mrs. Rasmussen moved to adopt Resolution No. 1982-144 entitled, A RESOLUTION AMENDING RESOLUTION 1982-122, "A RESOLUTION ADOPTING SCHEDULES OF AUTHORIZED POSITIONS AND SALARIES FOR FISCAL YEAR 1982-83". Mrs. Cannon seconded. Carried unanimously. COUNTY REFERRALS Mrs. Rasmussen moved to accept staff recommendation on the following: 1578-33-44-81G Soda Springs Rd. Wokoek No comment. 1374-30-52-81B-81P 16400 Englewood Ave. Beadle Appeal of County Planning Commission Decision was heard by the Board of Supervisors Tuesday, July 13th, and continued to October 5, 1982 to allow Ms. Beadle to apply for annexation to the Town and to apply for a building permit with the Town. Mrs. Cannon seconded. Carried unanimously. POLICE ACTIVITY REPORT Mrs. Rasmussen moved to accept Police Department Activity Report. Mrs. Cannon seconded. Carried unanimously. MINUTES Mr. Siemens moved the minutes of July 6, 1982 be approved as submitted. Mrs. Rasmussen seconded. Mayor Ventura abstained. EXPENDITURE & REVENUE REPORT FOR JUNE 1982 Mrs. Cannon moved to accept the Revenue and Expenditure report for the month of June, 1982. Mr. Siemens seconded. Carried unanimously. TREASURER'S REPORT FOR JUNE The Treasurer's report for the month of June. Withdrawn from agenda. Rescheduled for the August 2, meeting. TRANSIENT OCCUPANCY TAX Mayor Ventura stated this was the time and place duly noted for public hearing concerning the amendment to the Transient Occupancy Tax Ordinance and consider the proposed ballot arguments in favor of the ballot measure. Mr. Mora, Town Manager, discussed his report stating the Government Code provides that a public hearing be held prior to any Council action to place tax measures on the ballot. The proposed amendment would allow the hotel/motel room charge tax be increased up to 10% (from the current 6.5%, and would be submitted to voters on November 2, 1982. Aaron Martin, owner of the Village Inn, spoke in opposition to the increase. Dr. McFate, major stockholder of the Los Gatos Lodge, also spoke in opposition to the increase. No one else wished to speak on this issue. Mrs. Cannon moved hearing be closed. Mr. Siemens seconded. Carried unanimously. Mrs Cannon moved to adopt recommended action. Mr. Siemens seconded. Carried unanimously. Discussion was held on arguments in favor of the ballot proposition. Mrs. Cannon moved this be postponed to the August 2, 1982, Council meeting and have staff reword the Argument. Mr. Ferrito seconded. Carried unanimously. Mayor Ventura wanted it noted that, "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. It is just an option we are giving ourselves we do not have". Carried unanimously. Council noted the impartial analysis. Mrs. Cannon moved to adopt Resolution No. 1982-145 entitled, REQUEST FOR AND CONSENT TO CONSOLIDATION OF ELECTIONS. Mr. Siemens seconded. Carried unanimously. Mrs. Cannon moved to adopt Resolution No. 1982-146 entitled, RESOLUTION PROPOSING ADOPTION OF SPECIAL TAX. Mr. Siemens seconded. Carried unanimously. TELEPROMPTER Mayor Siemens stated this was the time and place duly noted for continued public hearing regarding Teleprompter correcting the conditions as noted in the Hammett & Edison's Technical Audit. Nadine Levin, Assistant Town Manager spoke on the Teleprompter report, stating the system had improved but there were still some things that needed to be completed. Mr. Ferrito stated his concerns for an earth station and will demand action from Teleprompter if they are still owners of the system after August 19th. He will also continue working for an earth station with the new owners. Mr. Paul Morbeck, representing Teleprompter, answered Council's questions. He also stated Council should meet with the prospective buyers about earth station issue and noted there had been some improvement in the service. Mrs. Cannon stated the same subcommittee members (Mr. Ferrito, Mr. Siemens, Mr. Hayes and Mr. Monaco) should continue working with Teleprompter. Keith Kelson, Catherine Little and Rick Melzig spoke on having a City owned station or program run by students. Alan Hyams was critical of Teleprompter's service. No one else wished to speak on this issue. Mr. Ferrito moved the public hearing be closed. Mrs. Rasmussen seconded. Carried unanimously. It was Council consensus for the same committee members to continue working on this issue and authorized professional services contract with Hammett & Edison. Mr. Siemens moved Resolution No. 1982-147 entitled, A RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO NEGOTIATE AND EXECUTE A CONTRACT WITH HAMMETT & EDISON, INC. TO PROVIDE TECHNICAL EXPERTISE IN THE FRANCHISE TRANSFER PROCESS. Mrs. Cannon seconded. Carried unanimously. POLICE DEPT. SERVICES SCHEDULE OF FEES Mayor Siemens stated this was the time and place duly noted for continued public hearing regarding schedule of fees for Police Department Services. Mr. Mora, spoke on his report. Mr. Ferrito requested staff to start working on a local ordinance requiring background investigation as part of processing for concealed weapons permits. No one wished to speak on this issue. Mrs. Rasmussen moved public hearing be closed. Mr. Siemens seconded. Carried unanimously. Mrs. Rasmussen moved Council adopt Resolution No. 1982-148 entitled, A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS ESTABLISHING A SCHEDULE OF FEES FOR CERTAIN POLICE DEPARTMENT SERVICES AND RESCIND RESOLUTION NO. 1981-215. Mrs. Cannon seconded. Carried by a vote of four eyes. Mayor Ventura abstained. SPECIAL REPORT No action taken on Town Attorney's report. RENT MEDIATION ORDINANCE Discussion was held on extending the Mediation Ordinance. Randy Grimes recommended extension of the ordinance. Donne Grotti, Tri-County Apartments, spoke in favor of adoption. Harryette Sheull, of Information and Referral, explained the work of the Task Force and answered question from the Council. Mr. Ferrito moved to insert January 17, 1983 as the expiration date and adopt Ordinance No. entitled, AN ORDINANCE AMENDING SECTION 24.10.025 OF THE TOWN CODE TO EXTEND THE EXPIRATION DATE OF CHAPTER 24. Mr. Siemens seconded. Motion failed. Mr. Ferrito and Mr. Siemens voting yes. Mrs. Cannon and Mrs. Rasmussen voting no. Mayor Ventura abstained. At the meeting of September 7, 1982 Council will continue the discussion of the draft ordinance extending Rental Mediation. RENTAL MEDIATION ORDINANCE Council information only. Noted and filed. KNOWLES DRIVE TRAFFIC NOISE Mr. Van Houten, Director of Engineering, spoke on his report and answered Council's questions. Robert Flynn, of the Foothills of Los Gatos Homeowner's Association, spoke in opposition of the report and on the installation of soundwalls. Mrs. Rasmussen requested staff to furnish where the Town funds are coming from. Mr. Ferrito requested more information on soundwalls, sound levels and how much the Association is willing to contribute. It was consensus of Council to refer this item back to staff for more information and report back to Council August 16, 1982. DRAINAGE AND STREET TREE FEES Mrs. Rasmussen moved to adopt Ordinance No. 1543 entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE TOWN CODE CONCERNING DRAINAGE AND STREET TREE FEES. Mrs. Cannon seconded. Carried by a vote of four ayes. Mr. Ventura abstained. BUILDING PERMIT PLAN CHECK FEES Mr. Bumpass, from audience, questioned the amount charged for the building plan check fee. Mrs. Rasmussen moved to adopt Ordinance No. 1544 entitled, AN ORDINANCE AMENDING SECTION 7.01.170(B) OF THE TOWN CODE RELATING TO BUILDING PLAN CHECK FEES. Mrs. Cannon seconded. Carried by a vote of four ayes. Mayor Ventura abstained. COMMUNITY EVENTS Mrs. Cannon moved to adopt Resolution No. 1982-149, entitled, A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS ADOPTING A COMMUNITY EVENTS FUNDING POLICY. Mr. Siemens seconded. Carried by a vote of three ayes. Mrs. Rasmussen and Mayor Ventura voting no. COMMUNITY ATTITUDE SURVEY Discussion was held on the information contained in the Attitude Survey. Mrs. Cannon and Mrs. Rasmussen were pleased with the outcome of the survey. Mr. Canapary answered Council's questions and explained different aspects of the survey. Council accepted Survey and no action was taken. ROUTE 85 ALTERNATIVES ANALYSIS Mr. Mora summarized his report to Council. Mr. Siemens spoke on the importance of doing an Alternative Analysis. Mr. Siemens moved to adopt the recommended action and authorize the Mayor to write a letter to the California Transportation Commission indicating the Commission should retain the $1 million currently set aside for acquisition of property in the Route 85 Corridor, allocate and additional $1 million for an alternative analysis within the 85 Corridor, and the County and municipalities be authorized to submit the State recommendations relative to the analysis, specific timetable for the analysis and final information on cost and local contributions toward the project. Mayor Ventura seconded. Carried unanimously. ADJOURNMENT Mayor Ventura declared the meeting be adjourned to an Executive Session July 26, 1982 at 7:00 p.m. So moved.