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M 12-06-82TOWN OF LOS GATOS TOWN COUNCIL MEETING DECEMBER 6, 1982 TOWN COUNCIL The Town Council of the Town of Los Gatos met in the Council Chambers of the Town Hall at 8:30 p.m., in regular session. roll CALL PRESENT: Joanne Benjamin, Terrence J. Daily, Thomas J. Ferrito, Marlyn J. Rasmussen and Mayor Brent N. Ventura. ABSENT: None. PLEDGE OF ALLEGIANCE Given by all in attendance. COMMISSION APPOINTMENTS Mayor Ventura stated interviews of applicants for various commissions had been held prior to the Council meeting. Discussion was held on the number of vacancies on the Youth Advisory Commission. It was stated there are three student members and one adult member still active. This leaves two student vacancies and one adult vacancy. Mr. Ferrito moved for reappointment of Steve White, Julie A. Nunez, Colette A. Craycroft (students) and Charles Drummond (adult) existing active members. Mrs. Rasmussen seconded. Carried unanimously. YOUTH ADVISORY COMMISSION Mayor Ventura stated nominations were now in order for two students and one adult member of said commission. There were only two students present and interviewed. Mr. Ferrito moved for appointment of Kimberly Forrester and John Bewley. Mrs. Rasmussen seconded. Carried unanimously. Nominations for the adult member were Gilda Forrester, John Thomas, Manuel Pitta and John E. Thomsen. Voting was held and John Thomas received the majority of votes. Mayor Ventura congratulated John E. Thomas on his appointment to the Commission along with students Kimberly Forrester and John Bewley. PLANNING COMMISSION Mayor Ventura called for nominations of applicants who had applied for the Planning Commission vacancy. Nominees were Katheryn Morgan, Gary Harwin, Robert Hamilton and Robert Nash. Voting was held and Kathryn Morgan received the majority of votes. Mayor Ventura congratulated Kathryn Morgan on her appointment to the Planning Commission. COMMUNITY SERVICES AND DEVELOPMENT COMMISSION Mayor Ventura called for nomination of applicants who had applied for the vacancies on said commission. Nominees were Catherine C. Klein, Maureen Hartinger, Susan Lassetter and Dennis Burrows. Voting was held and Catherine C. Klein, Susan Lassetter and Dennis Burrows received the majority of votes. Mayor Ventura congratulated Catherine C. Klein and Dennis Burrows on their reappointment to the Commission and Susan Lassetter on her initial appointment to said Commission. Discussion was held on policy of a person being able to serve on a Town Commission and also a committee at the same time. It was consensus of Council this could be done. SISTER CITY COMMITTEE Mayor Ventura called for nominations. Barbara Reed, Charles Drummond, Susan Lassetter, Russell Cooney and Dale Chambers were nominated for the committee. Mrs. Rasmussen moved for the appointment of the nominees. Mr. Daily seconded. Carried unanimously. BID AWARD SERVICE CENTER REROOFING Mrs Rasmussen moved that Council accept staff recommendation and award the contract for re-roofing the Service Center Building to California Roofing Company, Inc. based on their low bid of $8,412.00. Mr. Daily seconded. Carried unanimously. WRITTEN COMMUNICATIONS (for referral/file) a-d Letters from Anthony and Linda Haulk; Edward Wells, Robert Murray and Dr. Joseph Gray regarding the San Benito-Andrews Street traffic diverters. Mrs. Rasmussen moved to refer all letters to staff for response, including specific notice of the February 7th, 1982 hearing on said diverters. Mayor Ventura seconded. e. Letter from Sheriff Winter requesting Council's approval of Mr. Ariews' request for installation of a gate across the public roadway leading to his home on Aztec Ridge. Mrs. Rasmussen moved this be referred to Planning Commission. Mayor Ventura seconded. Carried unanimously. g. Letter from William J. Chroust, Jr. urging Council to reconsider their policy regarding charging of fees for vehicles parking at Oak Meadow Park and requested fees to Los Gatos residents be waived. Mrs. Rasmussen moved this be referred to the Los Gatos Park Commission for review and response. Mayor Ventura seconded. Carried unanimously. COUNCIL MEETING SCHEDULE 1983 Tentative schedule of Council meeting for 1983. Information for Council. MAINTENANCE AGREEMENT HVA/C EQUIPMENT CIVIC CENTER AND NEIGHBORHOOD CENTER Mrs. Rasmussen moved for adoption of Resolution No. 1982-216 entitled, RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS APPROVING THE CONTRACT DOCUMENTS AND AUTHORIZING THE TOWN CLERK TO ADVERTISE FOR BIDS FOR REPAIR AND MAINTENANCE OF THE HEATING, VENTILATING AND AIR CONDITIONING EQUIPMENT AT THE CIVIC CENTER AND DOWNTOWN NEIGHBORHOOD CENTER. Mayor Ventura seconded. Carried unanimously. JAP WITH MONTE SERENO RE NEJEDLY-HART PARK BOND ACT Mrs. Rasmussen moved for adoption of Resolution No. 1982-217 entitled, A RESOLUTION APPROVING AND AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN TOWN OF LOS GATOS AND THE CITY OF MONTE SERENO and authorize the Mayor to sign said agreement on behalf of the Town. Mayor Ventura seconded. Carried unanimously. APPROVAL GRANT APPLICANT FOR FUNDS FOR OMP IMPROVEMENT PROJECT Mrs. Rasmussen moved for adoption of Resolution No. 1982-218 entitled, A RESOLUTION APPROVING THE GRANT APPLICATION FOR FUNDS UNDER THE NEJEDLY-HART STATE, URBAN AND COSTAL BOND ACT OF 1976, FOR OAK MEADOW PARK IMPROVEMENT PROJECTS, and appoint the Town Manager as agent of the Town to conduct all negotiations. Mayor Ventura seconded. Carried unanimously. COMMENDATION-HAROLD A. JOHNSON Mrs. Rasmussen moved for adoption of Resolution No. 1982-219 entitled, A RESOLUTION OF COMMENDATION AND APPRECIATION FOR HAROLD A. JOHNSON. Mayor Ventura seconded. Carried unanimously. COMMENDATION-BRADLEY CLARK JENKINS Mrs. Rasmussen moved for adoption of Resolution No. 1982-220 entitled, A RESOLUTION COMMENDING BRADLEY CLARK JENKINS. Mayor Ventura seconded. Carried unanimously. COUNTY REFERRALS Mrs. Rasmussen moved Council accept staff recommendation on County referrals as follows: 1778-26-46-82A-82V Bear Creek Rd. Wyhnal Reduction of front and side setbacks No comment. 1782-31-45-82B Soda Springs Rd. Kiely Single family dwelling No comment. 317-30-46-78B-82G Soda Springs Rd. Liles Single family dwelling No comment. 1752-35-36-82B Loma Prieta Rd. Ablamis Single family dwelling No comment. Mayor Ventura seconded. Carried unanimously. MONTHLY PLANNING REPORT Mrs. Rasmussen moved to accept the December Planning Commission/Planning Department monthly report. Mayor Ventura seconded. Carried unanimously. SUPPLEMENTAL APPROPRIATION-CABLE TV CONSULTING SERVICES Mrs. Rasmussen moved Council accept staff recommendation and approve a supplemental appropriation from the General Fund Appropriated Contingency in the amount of $12,000 for the Cable TV consulting services of Hammett & Edison, Inc. Mayor Ventura seconded. Carried unanimously. HAMMETT & EDISON INC. CONTRACT AMENDMENT Mrs. Rasmussen moved for adoption of Resolution No. 1982-221 entitled, A RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO EXECUTE A CONTRACT AMENDMENT WITH HAMMETT & EDISON, INC. TO PROVIDE TECHNICAL EXPERTISE IN THE FRANCHISE TRANSFER PROCESS. (Total contract not to exceed $12,000, unless amended). Mayor Ventura seconded. Carried unanimously. WINCHESTER BLVD WIDENING-VLAMIS PROPERTY Mrs. Rasmussen moved Council accept staff recommendation regarding settlement of the Vlamis right-of-way acquisition and set January 3, 1983, as the date for a hearing to consider a Resolution of Necessity to condemn the land. Mayor Ventura seconded. Carried unanimously. GREEN VALLEY DISPOSAL FRANCHISE AGREEMENT Mrs. Rasmussen moved for adoption of Resolution No. 1982-222 entitled, A RESOLUTION AUTHORIZING THE TOWN MANAGER TO EXECUTE AN AMENDMENT TO AGREEMENT WITH GREEN VALLEY DISPOSAL COMPANY, INC. Mayor Ventura seconded. Unanimously. carried. LEASE WITH GREYHOUND LINES Mrs. Rasmussen moved for adoption of Resolution No. 1982-223 entitled, A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO NEGOTIATE AND EXECUTE A LEASE AGREEMENT WITH GREYHOUND LINES, INC. FOR THE LEASING OF TOWN PROPERTY TO BE UTILIZED AS A BUS STATION. Mayor Ventura seconded. Unanimously carried. It was consensus of Council (as suggested by Mayor Ventura) the Town will maintain landscaping to insure that it is kept up to Town standards. POLICY & PROCEDURES-NEIGHBORHOOD CENTER Mrs. Rasmussen moved Council accept staff recommendation and approve the expenditure of $347.50 from the Neighborhood Center Federal Revenue Sharing Improvement Account to print a Neighborhood Center Policies and Procedure Pamphlet. Mayor Ventura seconded. Carried unanimously. NOTICE OF COMPLETION Mrs. Rasmussen moved Council approve the Certificate of Acceptance and Notice of Completion for Mehus Construction, Inc. and Hammerwell, Inc. at 515 N. Santa Cruz Avenue. Mayor Ventura seconded. Carried unanimously. PUBLIC HEARING SCHEDULE Information for Council TOLL HOUSE TRAFFIC STUDY APPROPRIATION Mrs. Rasmussen moved Council approve a transfer of $1,709.35 from contingency to General Town Administration. Mayor Ventura seconded. Carried unanimously. COMMENDATION IRWIN MARTIN Mrs. Rasmussen moved for adoption of Resolution No. 1982-224 entitled, A RESOLUTION COMMENDING IRWIN MARTIN. Mr. Martin served as a commission member on the Town's Cultural Resource Commission. Mayor Ventura seconded. Carried unanimously. COMMENDATION KIM SAFIR Mrs. Rasmussen moved for adoption of Resolution No. 1982-225 entitled, A RESOLUTION COMMENDING KIM SAFIR. Ms. Safir served as a commission member on the Cultural Resource Commission. Mayor Ventura seconded. Carried unanimously. REPORT-PCB SPILL Mr. Ferrito requested a report from staff on the PCB spill on Daves Avenue. CLOSED SESSION REPORT Mayor Ventura reported the following were discussed in closed session prior to the Council meeting: Pending litigation of Larrecou, Thomsen and Macer. Potential litigation and personnel matters. WRITTEN COMMUNI CATION (for referral/file (continued) f. Letter from Union School District requesting crossing guard for Union and Thomas Drive. Discussion was held on this issue. Town Manager stated cost for balance of fiscal year would be $1,725.00. Mrs. Rasmussen moved Council should go ahead with program (it has been discussed before), appropriate transfer from contingency of Police Department for $1,725.00. Mr. Ferrito seconded. Unanimously carried. h. Letter from George Caperton complaining of noise caused by Billy Jones Train in Oak Meadow Park. Mr. Ferrito moved to accept staff recommendation, have staff look into Noise Ordinance and report how Council can regulate the train through the noise Ordinance. Mayor Ventura seconded. Carried unanimously. 16349 AZTEC RIDGE ROAD LANDSCAPE PLAN REVIEW It was consensus of Council to accept the landscape plans as revised subject to the substitution of three sequoia trees instead of western redbud on the lower southerly portion of the property and also require a two year landscape maintenance agreement. MINUTES Mrs. Rasmussen moved minutes of November 15, 1982, be approved as submitted. Mr. Daily seconded. Carried unanimously. WRITTEN COMMUNICATIONS (for action) 1. Letter from Werner Barasch regarding bus station. Mr. Ferrito moved staff advise Mr. Barasch that the County Transit Service will remain at the Plaza and that the Greyhound/Peerless Station is due to open in early January at 145 So. Santa Cruz Avenue. Mrs. Rasmussen seconded. Carried unanimously. 2. Letter from Bob Singer on behalf of the Union Little League, requesting permission to develop a baseball complex at the Howes School site on Kensington Way and to develop parking within an adjacent P.G.&E. right-of-way to support this expanded use. Mr. Singer spoke on the issue. He had been informed to file an application with the Planning Commission for a Conditional Use Permit and Variance and stated this too is costly. After further discussion, Mr. Ferrito moved to waive the filing fees for the various application to Planning. Mrs. Rasmussen seconded. Carried unanimously. 3. Letter from Lois Maggenti regarding tree removal. Mr. Ferrito moved to accept staff recommendation and deny the request that the Town be responsible for removal of the tree. Advise Mrs. Maggenti that there are some tree cutters who will cut down trees for the wood. Mrs. Benjamin seconded. Carried unanimously. 4. Notice from P.G.&E. regarding amendments to Applications 82-09-17 and 82-08-18. Mrs. Rasmussen moved Council accept staff recommendation and Council express opposition to the applications. Mr. Ferrito seconded. Carried unanimously. 5. Letter from Senior Coordination Council regarding unused Fiscal Year 81/82 General Revenue Sharing Funds. Mr. Cangemi spoke on this issue. After further discussion, Mr. Ventura moved Council accept Council recommendation and the unexpended FY 1981/82 revenue funds be returned to the Town in keeping with Town policy. Senior Coordinating Council can make a request for an appropriation giving the reasons for the need and Council will consider the request at that time. Mrs. Benjamin seconded. Carried by a vote of four ayes. Mrs. Rasmussen abstained. 6. Letter from Jo Bartlett resigning from the Community Services and Development Commission. Mayor Ventura moved Council accept resignation with regret and authorize staff to prepare a Resolution of Commendation. Mr. Ferrito seconded. Carried unanimously. NOVEMBER PAYROLL Mrs. Rasmussen moved Council approve the November payroll as submitted. Mayor Ventura seconded. Carried unanimously. TREASURER'S REPORT Mrs. Rasmussen moved to accept Treasure's report for the month of October, 1982. Mr. Daily seconded. Carried unanimously. AUDIT SERVICES Letter from Town Treasurer requesting Council to disengage from contract with Arthur Andersen & Co. No action taken on this request. TRANSIENT OCCUPANCY TAX INCREASE Mayor Ventura stated this was the time and place duly published for public hearing to consider an increase in the Transient Occupancy Tax from 6 1/2% to 10%. Aaron Martin, owner of Village Inn, spoke on this issue stating he supports the Town on their need for funds but, opposes this increase and suggested other ways of getting additional revenue. No one else wished to speak on this issue. After further discussion by Council, Mrs. Rasmussen moved public hearing be closed. Mrs. Benjamin seconded. Carried unanimously. Mr. Ferrito moved reading be waived for AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING SECTION 22-18 OF THE TOWN CODE REGARDING THE TRANSIENT OCCUPANCY TAX. Mrs. Rasmussen seconded. Carried unanimously. Clerk read title. Mrs. Rasmussen moved for introduction of Ordinance. Mayor Ventura seconded. Carried unanimously. RECESS Mayor declared a recess. Meeting reconvened at 9:57 p.m. APPEAL C.B. HANNEGAN'S Mayor Ventura stated this was the time and place duly published for public hearing on the appeal of Planning Commission's decision to approve the Conditional Use Permit and requesting a change in the conditions of approval. Lee Bowman spoke on background of business over the years. Randal Reedy, Attorney for the appellant, spoke on appeal and against the restriction of hours the restaurant can stay open. Owner's of C.B. Hannegan's spoke on contract they had made with residents in the area and presented Council with petition signed by said residents supporting the restaurant. Other people speaking on this issue were Peter Siemens, Keith Hosper, Rick Belden, Mr. and Mrs. Holding, Ken Beckman, Robert Lee, Dale O'toole, Pat O'Toole, Pat O'Laughlin, Rick Anzalone. Discussion was held on intensification of land use, need for restriction of hours and preferential parking. No one else wished to speak on this issue. Mr. Ferrito moved hearing be closed. Mrs. Benjamin seconded. Carried by a vote of four ayes. Mrs. Rasmussen voting no. Mrs. Rasmussen moved to direct staff to work with neighbors in area of Hannegan's and prepare a plan and report to be presented at the January 3rd, meeting regarding preferential parking, costs of stickers, enforcement, etc. Mr. Ferrito seconded. Mayor Ventura stated this would be consensus motion and indicated the area to be noticed for the hearing of January 3rd, should be the two blocks on Wilder. Bachman to Massol, Tait Avenue from Nicholson to Almendra and Almendra from N. Santa Cruz Avenue to Massol. Discussion was held on conditions to be placed on the operations of Hannegan's in the interim until preferential parking is in effect. Discussion was held as to where the Planning Commission erred, if the Council can make findings as to that fact, if a determination can be made at this time and what conditions are to be followed. Mr. Ferrito moved to adopt, as the interim condition, the conditions set forth by Planning Commission. Council continue the balance of this hearing to June 7th, 1983, to evaluate the effectiveness of preferential parking program to determine whether Council wants to grant either of the appeals or deny them. Mr. Daily seconded. Discussion was held whether Hannegan's has a use permit. Council assumed they do. Substitute motion, Mr. Ventura moved that in the interim period before the preferential parking is imposed and in effect, Hannegan's abide by conditions as set by the Planning Commission and obtain a Use Permit before parking is in place. Hours be unrestricted Thursday through Saturday nights and as part of the conditions (1) Hannegan's bear a substantial part of the cost on the parking lot; (2) Hannegan's get written agreement with the other private property owners that allows them to use their facilities for parking at night, (these agreements be filed with the Town); (3) No outdoor food services; (4) no outside music. Mr. Ferrito seconded. Discussion was held on the motion and cost of preferential parking. It was consensus of Council that Hannegan's should not have to bear the cost. Mr. Ferrito withdrew his second. Mr. Ferrito restated his original motion that Council continue the hearing on these appeals to the June 6, 1983, Council meeting. Council adopt interim conditions which will be identical to conditions imposed by the Planning Commission on October 27, 1982, to include Mayor Ventura's suggestion that there be no outdoor food service and no outdoor music. Mr. Daily seconded. Carried unanimously. ADJOURNMENT Mrs. Rasmussen moved meeting be adjourned at 12:10 a.m., and continued to 7:30 p.m., Tuesday December 7, 1982. Mr. Daily seconded. Carried by a vote of three ayes. Mayor Ventura and Mr. Ferrito voting no.