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M 08-08-82TOWN COUNCIL MEETING AUGUST 8, 1982 TOWN COUNCIL The Town Council of the Town of Los Gatos met in the Council Chambers of the Town Hall at 7:42 p.m., in regular session. ROLL CALL PRESENT: Ruth Cannon, Thomas J. Ferrito, Peter W. Siemens and Mayor Brent N. Ventura ABSENT: Marlyn J. Rasmussen. PLEDGE OF ALLEGIANCE Given by all in attendance. PRESENTATION Mr. Steve Goodman, Manager/Engineer from Sanitation District #4, presented a Resolution of Appreciation to Councilman Peter W. Siemens, for his service as member of the Sanitation District #4 Board. EX-AGENDA Mayor Ventura stated there would be an item added to the agenda and be 11(b) letter from the Hearst Corp. regarding Cable TV Franchise. Item 1 regarding bid award for the Montclair Storm Drain would be taken off the agenda. Mr. Sulic, representing Mr. Bandov, requested 30 day continuance of public hearing scheduled under item 15. Mrs. Cannon moved request be granted and Bandov public hearing be continued to September 20, 1982. Mr. Ferrito seconded. Unanimously carried. Mr. Siemens moved item 18, public hearing for appeal of Valley Fair Market be continued to September 7, 1982, (as requested by applicant). Mr. Ventura seconded. Unanimously carried. MONTCLAIR STORM DRAIN BID AWARD Removed from the agenda. WINCHESTER BLVD. PROJECT 263 BID AWARD Mr. Matteoni, Attorney representing Mr. Falcone and Mr. Norman, spoke on various plans as submitted by the Town Engineer and asked Council not to implement Plan C. Mr. Matteoni stated his clients preference would be Plan B. Plan B conforms to existing plan line. Mr. Phillip Vlamis stated he would go along with Mr. Falcone and Mr. Norman. Discussion was held on plans as submitted in report of staff and on possible landscaping on east side of Winchester Boulevard. Also the possibility of not landscaping the median at this time but holding that for the next year. After further discussion, Mr. Ferrito moved to adopt Plan A. After further discussion, Mr. Ferrito moved to adopt Plan A. Mrs. Cannon seconded. It was noted this Plan allows no access to Pollard Road from Winchester Boulevard. Discussion was held on supplemental appropriations necessary to carry out Plan A and Plan B. After said discussion, Mrs. Cannon withdrew her second. Motion died. Mrs. Cannon moved to adopt Plan B. Motion failed for lack of second. Discussion was held on Plan B. The Director of Public Works stated Plan B requires the acquisition of all right-of-way. Mr. Siemens moved Council authorize the acquisition of all necessary right-of-ways. Mrs. Cannon seconded. Carried by a vote of three ayes. Mr. Ventura voting no. Mrs. Cannon moved to approve alternate Plan B; award the bid to Wattis Construction Co. in the amount of $264,613.23; authorize a supplemental appropriation of $30,000 from Gas Tax Funds and $180,000 from Appropriated Reserves for this project. Mr. Ventura seconded. Carried by a vote of two ayes. Mr. Ventura voting no. Mr. Ferrito abstained. EXECUTIVE SESSION Mayor Ventura reported that Council had met in Executive Session prior to the Council meeting and the following were discussed. Villa Vasona litigation - no action taken. Novitiate litigation - no action taken. Authorize settlement of Westwood Construction litigation. Discussed potential litigation - no action taken. There was no discussion of personnel matters. WRITTEN COMMUNICATIONS (referral/file) a. Letter from Deanna Dresti requesting a sign be posted on the jogging trail to Lexington Dam. Mrs. Cannon moved to refer this to the County and so advise Ms. Dresti. Mr. Ventura seconded. Carried unanimously. b Letter from Holly Steinberg regarding safety measures, Lexington Dam area. Mrs. Cannon moved to refer to the County and so advise Ms. Steinberg. Mr. Ventura seconded. Carried unanimously. c. Letter from William Wulf regarding historic street names list. Mrs. Cannon moved to refer to staff for incorporation into subsequent report. Mayor Ventura seconded. Carried unanimously. d. Letter from Greyhound Lines, Inc. regarding application submitted to PUC to increase passenger fares and package express rates. Note and file. e. Letter from Jean M. Hale regarding parking in the downtown area. Mrs. Cannon moved staff prepare letter explaining need for downtown parking provisions. Mr. Ventura seconded. Carried unanimously. TRACT 7389 FINAL MAP Mrs. Cannon moved Council adopt Resolution No. 1982-155 entitled, RESOLUTION APPROVING AND ACCEPTING FINAL MAP OF TRACT NO. 7389. Mayor Ventura seconded. Carried unanimously. SIGNING - HWY 17 - SO. SANTA CRUZ AVENUE OFF-RAMP Mrs. Cannon moved Council approve the payment of $3,500.00 to Cal-Trans for signing Highway 17 at South Santa Cruz Avenue off-ramp and approve transfer in this amount from the General Fund Appropriated Contingency. Mr. Ventura seconded. Carried unanimously. PUBLIC HEARING SCHEDULES Council information only. COMMENDATION DALE HILL Mrs. Cannon moved Council adopt Resolution No. 1982-156 entitled, A RESOLUTION COMMENDING DALE S. HILL. Mayor Ventura seconded. Carried unanimously. COMMENDATION LELA AUSTIN Mrs. Cannon moved Council adopt Resolution No. 1982-157 entitled, A RESOLUTION COMMENDING LELA JOHNSON AUSTIN. Mayor Ventura seconded. Carried unanimously. FIXING BOND TAX RATE Mrs. Cannon moved Council adopt Resolution No. 1982-158 entitled, A RESOLUTION OF THE TOWN OF LOS GATOS FIXING BOND SERVICE TAX RATES. Mayor Ventura seconded. Carried unanimously. LOADING ZONE - PARKING LOT 9 Mrs. Cannon moved Council adopt Resolution No. 1982-189 entitled, LOADING ZONE - PARKING LOT #9, establishing loading zone in public parking lot behind store at 40 N. Santa Cruz Avenue. Mayor Ventura seconded. Carried unanimously. MINUTES Mr. Ferrito moved minutes of August 2, 1982, be approved indicating the Mr. Ferrito arrived at 8:52 p.m. The Clerk to note the time of arrival right after ROLL CALL. Mr. Siemens seconded. Carried unanimously. WRITTEN COMMUNICATIONS (for action) a. Letter from the Los Gatos Boy Scout Troop 562 requesting permission to operate two booths to sell hot dogs and scones during Christmas Parade on December 4, 1982. Mr. Ferrito moved request be granted. Mrs. Cannon seconded. Carried unanimously. b. Letter from Hearst Corporation regarding extension of Cable TV Franchise. Mr. Siemens moved this be referred to staff for report and recommendation at the next Council meeting of September 7, 1982. Mr. Ferrito seconded. Carried unanimously. c. Letter from Institute for Creative Therapy, regarding Apple Festival being held at the Louise Van Meter Elementary School. It was consensus of Council this be referred to staff for further information. BI-WEEKLY PAY PERIODS Manager informed Council that no report was received from the Treasurer but a memo had been submitted to the employees and the Treasurer will be making a presentation to the employees on Tuesday, August 17, 1982. Mayor Ventura stated he would request a report or memo from the Treasurer. PUBLIC HEARING ON BANDOV SUBDIVISION Continued to September 20, 1982. ZONE CHANGE COLLISHAW PROPERTY Mayor Ventura stated this was the time and place duly published for public hearing to consider Zone change application Z-81-6A and Subdivision application M-81-13A, requesting change in zoning from HR-1 to HR-1-PD and a 9 lot subdivision for a 9.6 acre parcel located at the southerly end of Oak Knoll Drive. Mr. Frank T. Lewis, representing Mr. Collishaw and Mr. Hulme, stated he is in agreement with conditions that were established by the Planning Commission as recommended by Council. Mr. Lewis stated he does question item 9-C of the proposed ordinance as it was his understanding that Planning Commission specifically ask that that item be deleted or amend to conform with whatever was recommended by the Planning Commission. Council questioned this access. Mr. Wimberly, Manager of Monte Sereno, spoke on this issue and stated he had asked for emergency access. Discussion was held on requirement of dedication of open space or conservation easement along the knoll where by building envelope would not occur. No one else wished to speak on this issue, Mrs. Cannon moved public hearing be closed. Mr. Siemens seconded. Carried unanimously. Mrs. Cannon moved reading be waived for AN ORDINANCE THE TOWN OF LOS GATOS AMENDING THE ZONING ORDINANCE EFFECTIVE ZONE CHANGE NO. FROM HR-1-PD. Mr. Ferrito seconded. Unanimously carried. Clerk read title. Mayor Ventura moved for amendment to the ordinance by adding performance standard #15. Dedicate open space easement, to the satisfaction of the Town Attorney and Planning Director, for all of that portion of Lot 9 that is above the 120 foot elevation line, as shown on the approved plans and that portion of lot 9 above the 120 foot elevation line that lies within the revised building envelope may be excluded from the easement. Mr. Siemens seconded. Unanimously carried. Mrs. Cannon moved Council make negative declaration and finds rezoning is consistent with the General Plan. Mr. Siemens seconded. Unanimously carried. Discussion was held on whether there was necessary drainage. Mr. Van Houten, Director of Public Works, stated drainage was adequate. Mr. Ferrito moved to delete performance standard 9-C. Mr. Siemens seconded. Discussion was held regarding easement to lot 9. Mr. Ferrito withdrew his motion. Mr. Ferrito moved that 9-C be amended to read "Dedicate a 15 foot wide public service, emergency access,....", and at any time of a development a gate should be installed. Mr. Siemens seconded. Carried unanimously. Mr. Siemens moved the ordinance be introduced as amended. Mrs. Cannon seconded. Carried unanimously. ZONE CHANGE 14700 OKA ROAD Mayor Ventura stated this was the time and place duly published for public hearing to consider a change in zone from R-1:8,000 to R-1:8,000-PD to permit the construction of 14 townhouse units at 14700 Oka Road. Don Ross, Assistant Planner, explained to Council that the units were within the 85 Corridor. Mr. Prodis, representing Mr. Denevi, spoke on behalf of the project. Mr. Ferrito questioned the possible moving of the BMP unit outside the 85 Corridor. The Town Engineer showed map of proposed 85 Corridor explaining the development in relation to the corridor. No one else wished to speak on this issue, Mr. Siemens moved hearing be closed. Mrs. Cannon seconded. Unanimously carried. Mrs. Cannon moved reading be waived for AN ORDINANCE OF THE TOWN OF THE TOWN OF LOS GATOS AMENDING THE ZONING ORDINANCE EFFECTING ZONE CHANGE NO. FROM R-1:8 TO R-1:8PD. Mr. Siemens seconded. Carried unanimously. Mr. Siemens moved Council make negative declaration as zoning is consistent with the General Plan. Mrs. Cannon seconded. Unanimously carried. Mrs. Cannon moved ordinance be introduced. Mr. Siemens seconded. Mayor Ventura asked for amendment to the motion and redwoods be submitted for Eucalyptus along the property bordering Highway 17. Mr. Ferrito moved that the Developer exchange BMP unit no 12 with unit no. 4, if staff feels this is at all feasible. Maker of motion accepted amendments. Motion carried to introduce ordinance by vote of three ayes. Mayor Ventura voted no. RECESS Mayor Ventura declared a recess. Meeting reconvened at 9:55 p.m. VERBAL COMMUNICATIONS Reg Hernanez, owner of property at the corner of Short Road and Shady Lane, stated the bank along his property is collapsing and he wants to know the Town's liability regarding this problem. He has written to the Engineering Department and has received no satisfaction so would ask Council to look into this matter. Mayor Ventura requested Mr. Hernancez five staff a copy of all materials pertaining to this matter and staff will prepare a report for Council on September 20, 1982. REBUILDING OF NONCONFORMING RESIDENCE Report for Council information only. ELECTION TRANSIENT OCCUPANCY TAX The Town Attorney provided Council with a report advising Council the Supreme Court decision as to definition of special taxes. The funds from the Town's proposed Transit Occupancy Tax increase were not earmarked for any specific purpose, it is thus not a "special tax" and may be increased without an election. Under the circumstances, it is necessary to repeal the prior election resolutions regarding measure for the November 2, 1982 ballot and adopt a new resolution. Council can either not hold an election; hold an advisory election or hold a binding election. After some discussion, Mrs. Cannon moved to hold an advisory election and to adopt amended Resolution No. 1982-160 entitled, AMENDMENT REQUEST FOR AND CONSENT TO CONSOLIDATION OF ELECTIONS. Mr. Ferrito seconded. Mayor asked if anyone in the audience wished to speak on this issue. Mr. McFate of the Los Gatos Lodge, spoke in favor of placing this advisory measure to the vote of the people. Mr. E. Martin, owner of the Los Gatos Village Inn, spoke against raising the tax. No one else wished to speak on this issue, Mayor called for vote on the motion. Motion carried unanimously that this be placed on the November 2, 1982 ballot as an advisory measure. REIMBURSEMENT BY DEVELOPERS Mr. Ferrito moved for adoption of Ordinance No. 1545 entitled, AN ORDINANCE ADDING ARTICLE V TO CHAPTER 26 OF THE LOS GATOS TOWN CODE REQUIRING PAYMENT BY A DEVELOPER FOR LAND ACQUISITIONS AND STREET IMPROVEMENTS PREVIOUSLY PAID FOR BY TOWN AT SUCH TIME AS A BUILDING PERMIT IS DESIRED. Mrs. Cannon seconded. Carried unanimously. KNOWLES DRIVE TRAFFIC NOISE Mr. Flynn spoke on this issue, stating he does not have report for Council. Matter to be continued to September 7, 1982. RESURFACING STREETS Mr. Siemens moved for adoption of Resolution No. 1982-161 entitled, RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS APPROVING PLANS AND SPECIFICATIONS FOR STREET RESURFACING PROJECT 267-22, and authorize Clerk to advertise for bids. Mrs. Cannon seconded. Unanimously carried. ZONING AMENDMENTS REQUIRED BY DOWNTOWN SPECIFIC PLAN Mr. Ferrito moved for adoption of Ordinance No. 1546 entitled, ORDINANCE AMENDING THE ZONING ORDINANCE TO EFFECT THOSE AMENDMENTS REQUIRED BY THE DOWNTOWN SPECIFIC PLAN. Mayor Ventura seconded. Carried unanimously. AMENDING R-1D ZONE Mr. Ferrito moved for adoption of Ordinance No. 1547 entitled, ORDINANCE AMENDING THE ZONING ORDINANCE AMENDING THE R-1D ZONE. Mr. Ventura seconded. Unanimously carried. ZONING AMENDMENT Mr. Ferrito moved for adoption of Ordinance No. 1548 entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONING ORDINANCE EFFECTING ZONE CHANGE NO. 59 TO BRING THE ZONES IN CONFORMANCE WITH THE ADOPTED DOWNTOWN SPECIFIC PLAN. Mayor Ventura seconded. Unanimously carried. PARKING COMMITTEE JOINT MEETING WITH COUNCIL Discussion was held regarding joint meeting between Parking Committee and Council to be held on September 13, 1982. It was consensus of Council that no joint meeting be set but any Council member wishing to attend said Parking Committee meeting should do so. DONATION OF MEADOW GOLD PROPERTY Discussion was held on request from Parking Committee regarding Town's donation of Meadow Gold property and Southern Pacific right-of-way to parking district. Mr. Siemens moved to approve said request. Mayor Ventura seconded. Unanimously carried. ADJOURNMENT Mr. Ferrito moved meeting be adjourned at 10:45 p.m. Mrs. Cannon seconded. Unanimously carried.