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M 11-21-83TOWN OF LOS GATOS TOWN COUNCIL MEETING NOVEMBER 21, 1983 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 regular session. ROLL CALL PRESENT: Joanne Benjamin, Eric D. Carlson, Terrence J. Daily, Thomas J. Ferrito and Mayor Brent N. Ventura. ABSENT: None. PLEDGE OF ALLEGIANCE Given by all in attendance. ELECTION OF MAYOR Mayor Ventura stated he would like to take this opportunity to thank everyone for all their assistance through his term as Mayor. Mayor then declared nominations open for Mayor. Mrs. Benjamin nominated Thomas J. Ferrito. Mr. Daily seconded. Carried by a vote of four ayes. Mr. Ferrito abstained. Mr. Ferrito was elected Mayor and took the Chair. ELECTION OF VICE-MAYOR Mayor Ferrito declared nominations open for Vice-Mayor. Mr. Daily nominated Joanne Benjamin. Mr. Ventura seconded. Carried by a vote of four ayes. Mrs. Benjamin abstained. Mrs. Benjamin was elected Vice-Mayor. CLOSED SESSION REPORT The Assistant Manager, Nadine Levin, reported the following items were discussed in Closed Session held prior to the Council meeting: Toll House Litigation; Novitiate litigation; and a Personnel matter. BID AWARD-USED STATION WAGON It was noted three bids were received ranging from $8,733.00 to $9,579.68. Mr. Daily moved to accept staff recommendation and award bid to Hertz Corporation in the amount of $8,733.00 for a 1983 Ford Ltd Stationwagon or Mercury Marquis; approve a supplemental appropriation of $233.00 from the Equipment Replacement Fund. Mr. Carlson seconded. Carried unanimously. BID AWARD-BOCCI BALL COURT IMPROVEMENT PROJECT 288-PF It was noted four bids were received ranging from $18,154.00 to $42,300.29. There are several concerns regarding the low bid. After further discussion, Mr. Ventura moved to accept staff recommendation and reject the bid for B & W Builders based on the irregularities in the bid. Mrs. Benjamin seconded. Carried by a vote of three ayes. Mr. Daily and Mr. Carlson voted no. Mr. Ventura moved that this be referred to Park Commission to review the proposed improvements at their meeting of December 6, 1983 and Council continue this bid award to the meeting of January 3, 1984. Mrs. Benjamin seconded. Carried unanimously. WRITTEN COMMUNICATIONS (referral/file) a. Letter from David H. Duff representing the parents of Keith Verwer, one of the young men killed in an accident which occurred in the mountains. Mr. Duff states roads in that area are extremely dangerous and wishes this hazardous condition be brought to the attention of the Council. Mr. Daily moved this letter be referred to Santa Clara County and letter be sent to Mr. Duff regarding Town's lack of jurisdiction. Mrs. Benjamin seconded. Carried unanimously. b. Letter from Perry Burr regarding appropriate zoning of Yuki property at Lark Avenue and Highway 17. Mr. Daily moved this be filed for consideration with General Plan public hearing. Mrs. Benjamin seconded. Carried unanimously. c. Letter from Harry Eckhart regarding parking violation in preferential parking ares. Mr. Daily moved to accept staff recommendation to note and file said letter. Mrs. Benjamin seconded. Carried unanimously. d. Letter from Cultural Resource Commission seeking approval from the Town Council to move the Art Historical Paintings that are now hanging in the Council Chambers to the Stairway wall in the library. This recommendation is being made so that more of the Los Gatos community can study and enjoy these paintings. Mrs. Benjamin moved Council grant the request and as suggested by Mayor Ferrito this be referred back to the Cultural Resource Commission for a plan for circulating paintings. Mr. Daily seconded. Carried unanimously. PUBLIC HEARING SCHEDULE Information for Council. COMMENDATION Mr. Daily moved for adoption of Resolution No. 1983-229 entitled, A RESOLUTION COMMENDING MARK ERICKSON. A member of the Los Gatos Retirement Board. Mrs. Benjamin seconded. Carried unanimously. UNDERGROUND UTILITY DISTRICT 83-1 PROJECT 268 CT Mr. Daily moved for adoption of Resolution No. 1983-230 entitled, A RESOLUTION SETTING A PUBLIC HEARING FOR CONSIDERATION OF ESTABLISHING UNDERGROUND UTILITY DISTRICT 83-1, PROJECT 268 C.T. ALONG UNIVERSITY AVENUE BETWEEN MILES AVENUE AND SARATOGA AVENUE. Mrs. Benjamin seconded. Carried unanimously. FUND TRANSFER-GENERAL FUND TO HCDA FUND Mr. Ventura moved Council approve the transfer of $14,654.06 from the General Fund, Fund (10) to the HCDA Fund (28). Mrs. Benjamin seconded. Carried unanimously. WOODED VIEW DRIVE-GRADING PERMIT Mr. Van Overhouse, from audience, spoke to the issue and requested a waiver of fees for the grading permit and the Architecture and Site fees. After further discussion, Mrs. Benjamin moved to waive the $80.00 grading permit fee and condition waiver on non-admission of liability on the part of the Town. Mr. Daily seconded. Carried unanimously. Mrs. Benjamin moved to waive the Architecture and Site application fees with condition of non-admission of liability on the part of the Town. Mr. Ventura seconded. Motion fails with a vote of two ayes. Mr. Daily, Mr. Carlson and Mayor Ferrito voting no. Mr. Daily moved Council authorize staff to issue a grading permit for grading work at 110 Wooded View Drive in advance of Architectural and Site approval. Mrs. Benjamin seconded. Carried unanimously. TOWN ATTORNEY EMPLOYMENT AGREEMENT Mr. Daily moved for adoption of Resolution No. 1983-231 entitled, A RESOLUTION APPROVING TOWN ATTORNEY EMPLOYMENT AGREEMENT BETWEEN TOWN OF LOS GATOS AND MARY JO LEVINGER. Mrs. Benjamin seconded. Carried unanimously. MINUTES-NOVEMBER 7, 1983 Various corrections were made to the minutes. Mr. Ventura moved minutes of November 7, 1983 be approved as corrected. Mrs. Benjamin seconded. Carried by four ayes. Mr. Daily abstained. WRITTEN COMMUNICATIONS (for action) a. Mr. Paul Hughes of the California Department of Transportation made a presentation of Route 85. Mr. Hughes presented Council with a Travel Projections Report which described the study, in general terms, identifying the alternates under study and giving and overall progress report. Councilman Ventura stated Council feels Caltrans owes all West Valley cities an obligation to follow through on promises made back in the 50's. That there would be a transportation corridor here and yet only 50% of the right-of-way is in public hands. Mr. Ventura stated he wished this message relayed to Caltrans. b. Letter from O.L. Johns regarding conditional use permit modification. Mr. Daily moved Council advise Mr. Johns that in order to delete the condition concerning the installation of a bus seating area on his property, he must file the appropriate application with the Planning Commission and pay the required filing fees. It is also recommended that the other concerns described in Mr. Johns letter be referred to the appropriate departments for response. Mr. Ventura seconded. Carried unanimously. c. Letter from the Cultural Resource Commission regarding their providing Christmas entertainment for the Senior Citizens at the Neighborhood Center on December 14, 1983. Cost to be approximately $135.00. Mr. Ventura moved request be granted. Mrs. Benjamin seconded. Carried unanimously. OCTOBER 1983 WARRANT DEMANDS Mr. Ventura moved Council approve the warrant demands for October, 1983. Mr. Daily seconded. Carried unanimously. OCTOBER 1983 FINANCIAL STATEMENT Mr. Ventura moved Council accept financial statements for October, 1983 from the Office of Town Clerk. Mrs. Benjamin seconded. Carried unanimously. OCTOBER 1983 TREASURE'S REPORT Mr. Ventura moved to accept amended Treasurer's report for the month of October, 1983. Mrs. Benjamin seconded. Carried unanimously. LOS GATOS HILLSIDE SPECIFIC PLAN AMENDMENT Mayor Ferrito stated this was the time and place duly published for public hearing on General Plan Amendment GP-83-4. This is to consider a new format and amendments to said Hillside Specific Plan. Speaking on this issue were Kathryn Morgan, 142 Wheeler Avenue, a member of the Hillside sub-committee of the Planning Commission; and Mr. Overhouse, 120 Wooded View Drive. Discussion was held on the County of Santa Clara's concerns and their suggested changes. After further discussion Mrs. Benjamin moved to have study session for December 12, 1983, on the concerns of County and continued the public hearing to January 16, 1984. Mr. Ventura seconded. Carried unanimously. APPEAL-234 LOS GATOS BOULEVARD (SCOTT) Mayor Ferrito stated this was the time and place duly published for public hearing to consider Planning Commission's denial of request for approval of exterior modifications to an office building located in the "O" zone at 234 Los Gatos Boulevard. Speaking on this issue was Mr. John Scott, appellant and Kathryn Morgan representing the Planning Commission. After further discussion as to reasons for Planning Commissions decision, Mr. Ventura moved this be referred back to the Planning Commission for reconsideration based on the merits of the case. Mr. Daily seconded. Carried unanimously. APPEAL-EL GATO SHOPPING CENTER 15732 LOS GATOS BOULEVARD Mayor Ferrito stated this was the time and place duly published for public hearing to consider Planning Commission approval of a request for permission to operate a pizza parlor with sale of beer and wine for consumption on the premises on property located at 15732 Los Gatos Boulevard (El Gato Shopping Center). Mr. Ventura stated die to interest in a business in the building, he would not participate in the hearing. Mr. McDonald, appellant, spoke on use of intensification of the property and his reasons the Council should grant the appeal. Mr. Dan O'Gorman, 16576 Camellia Terrace, also requested Council to grant the appeal. Mr. Musich, owner of the El Gato Shopping Center, requested denial of the appeal and spoke of his willingness to work with residents in neighborhood and asked Council to delete one condition set forth by the Planning Commission and that is sidewalk requirement (1B). Jim Mc Donald and Jim Loney, owners of the Round Table Pizza, asked for reconsideration of reduction of seats to 54 as set by the Planning Commission. Kathryn Morgan spoke on the conditions set forth by the Planning Commission and 6 month review condition. No one else wished to speak on this issue, Mrs. Benjamin moved hearing be closed. Mayor Ferrito seconded. Carried by a vote of four ayes. Mr. Ventura abstained. Discussion was held on safety of traffic going in and out of the proposed pizza business and the shopping center. Mr. Carlson moved to modify condition (3) placed by Planning Commission and the maximum seating be reduced to 102 instead of 108. Mrs. Benjamin seconded. Carried by a vote of three ayes. Mr. Daily voting no. Mr. Ventura abstained. Mr. Daily moved to grant the appeal with findings that Planning Commission erred in failing to consider the extensive and additional trip generation that would come from this particular usage and therefore did not consider the negative impact of traffic on the immediately adjacent residential area; the significances of that traffic on the major arteries that surround that particular location and Planning failed to consider the parking deficiency. Mayor Ferrito seconded. Carried by a vote of three ayes. Mrs. Benjamin voting no. Mr. Ventura abstained. The Town Attorney to prepare appropriate resolution granting appeal and present for Council consideration at the next meeting. RECESS Mayor Ferrito declared a recess. Meeting reconvened at 11:00 p.m. HCD TENTH YEAR APPLICATION Mayor Ferrito stated this was the time and place duly published for the first hearing of the HCD tenth year application regarding the Community Development Block Grant Program. Jill Cody, Director of Community Programs, answered questions of Council on this program. She stated the Tenth Year Grant will be divided into two parts, half of the grant will remain at the County and will be regulated by the funding priorities. The other half of the grant will be divided into eight equal parts, (seven participating cities and the County). Due to only one meeting of the Council in December, the second hearing on the proposals will be held January 3, 1984. Mr. Ventura moved to continue hearing to January 3, 1984. Mrs. Benjamin seconded. Carried unanimously. VERBAL COMMUNICATIONS Russell Louthian, Chairman of the Community Service and Development Commission, spoke on the Commission's concerns regarding Moody Gulch Logging and requested a letter be sent to appropriate State and County representatives stating the Commission's position against the logging application based on several social implications. Mayor Ferrito thanked Mr. Louthian for the suggestions and stated Council had written to the various representatives but would also pass these suggestions along. Mardi Bennett, 38 Alpine Avenue, stated she wished to take this time to thank Los Gatos Police Officers, Tom Radke and Kevin Wood, for their courtesy and helpful service to her and the community and felt Council and staff should be aware of this. RENTAL MEDIATION ORDINANCE AMENDMENT TO CHAPTER 24 Mr. Randy Grimes spoke on his previous request for the adoption of this Ordinance as an Urgency Ordinance and he was informed in order to have this done there is a need to quote cases. He referred to cases where people were going to be victimized by landlords passing on huge amounts of refinancing costs that did not go back into the property and passed onto the tenants. Mr. Grimes stated there are 19 tenants who are facing this situation and he feels this documentation speaks for itself and requests Council to adopt said Ordinance as an Urgency Ordinance. After further discussion and on advice from the Town Attorney indicating that facts given are sufficient for this Ordinance to be adopted as an Urgency Ordinance. Mr. Carlson moved for the adoption of Ordinance No. 1597 entitled, AN URGENCY ORDINANCE AMENDING CHAPTER 24 OF THE TOWN CODE RELATING TO THE AMOUNT OF ANNUAL RENT INCREASE AND TO FACTORS OF REASONABLENESS IN DETERMINING RENT INCREASES, (with findings that we have had at least one example that indicates that if this Ordinance were in effect it would have an impact on conditions that could be used in mediation). Mrs. Benjamin seconded. Carried by a vote of four ayes. Mr. Ventura abstained. Mr. Carlson then moved for adoption of Ordinance No. 1958 entitled, ORDINANCE AMENDING CHAPTER 24 OF THE TOWN CODE RELATING TO THE AMOUNT OF ANNUAL RENT INCREASE AND TO FACTORS OF REASONABLENESS IN DETERMINING RENT INCREASES. Mrs. Benjamin seconded. Carried by a vote of four ayes. Mr. Ventura abstained. Harryette Shuell of the Information and Referral service spoke on Rental Mediation regulations which become effective December 21, 1983 and with the adoption of Ordinance No. 1597 there is a need to amend the regulations to take effect the same time as the Ordinance which is tonight, November 21, 1983. Mr. Daily moved regulations as set forth in Resolution No. 1983-225 be amended so those regulations become effective as of November 21, 1983, the same as the effective date of the Urgency Ordinance and Resolution to that effect be prepared by the Town Attorney and presented for Council consideration at the next Council meeting. Mrs. Benjamin seconded. Carried unanimously. RENTAL MEDIATION ORDINANCE INTERPRETATION The Town Attorney, Mary Jo Levinger, presented report stating she has reviewed a previous interpretation of Section 24.70.015 (2) by the former Town Attorney and her opinion differs as it modifies a portion of the earlier opinion regarding "Frequency of Rent Increase". Discussion was held on this interpretation and Mr. Ventura moved this be sent to Rent Advisory Commission for further clarification and report back to Council on December 5, 1983. Mr. Daily seconded. Carried unanimously. AMENDMENT TO 83-84 POSITIONS & SALARIES SCHEDULE Mr. Daily moved for adoption of Resolution No. 1983-332 entitled, A RESOLUTION AMENDING SCHEDULES OF POSITIONS AND SALARIES FOR FISCAL YEAR 83-84. Mr. Carlson seconded. Carried unanimously. APPEAL-5 LOT SUBDIVISION HARWOOD ROAD & BELCREST DRIVE Mr. Daily moved for adoption of Resolution No. 1983-232 entitled, RESOLUTION DENYING APPEAL FROM DECISION OF PLANNING COMMISSION BUT REQUIRING NOTICE TO CERTAIN PERSONS (HARWOOD ROAD AT BELCREST DRIVE, W.T. QUIGLEY). Mr. Carlson seconded. Carried by a vote of four ayes. Mr. Ventura voting no. BUSINESS LICENSE INCREASE Speaking on this issue was : Mr. James McHugh representing the automobile dealers of Los Gatos and introduced the following auto dealers present at meeting, Mr. Jones of Countryman Oldsmobile Cadillac; Mr. Cerrito of Cerrito's Chevrolet; Mr. Swanson of Swanson Ford; and Mr. McHugh of McHugh Lincoln Mercury. Mr. McHugh then addressed the Council regarding the increase of business license tax and requested that the ordinance be re-introduced and place a maximum fee of $650.00 on retail gross receipts. Mr. McHugh stated licenses in surrounding cities range from $90.00 to $300.00 per year and remind Council of sales tax the Town received from the car sales. After further discussion on the request of Mr. McHugh, Mr. Carlson moved that a ceiling of $650.00 be placed on the retail gross receipts tax schedule. Mrs. Benjamin seconded. Carried by a vote of three ayes. Mr. Ventura and Mayor Ferrito abstained for they are both professionals in the Town and would be affected by this ordinance. Discussion was held on the fee for theatre seats. the proposed fee is $1.00 per seat. Mr. Carlson moved this be changed and set a flat rate of $70.00 for the Theatre. Mrs. Benjamin seconded. Carried by three ayes. Mr. Ventura and Mayor Ferrito abstained for reasons as stated above. Mr. Carlson moved Ordinance be reintroduced with changes as stated above. Mrs. Benjamin seconded. Carried by a vote of three ayes. Mr. Ventura and Mayor Ferrito abstained for reason as stated above. CONTINUATION OF MEETING Mrs. Benjamin moved for the extension of meeting past midnight. Mr. Carlson seconded. Carried unanimously. RELOCATION-RECYCLING CENTER Mr. Ventura moved that Council take the amount it would cost to move the recycling center ($7,500) and add to the last offer to PG&E and see if we could purchase PG&E's property where the recycling center is located at the present time. Mr. Daily seconded. Motion fails on a vote of two ayes. Mrs. Benjamin, Mr. Carlson and Mr. Ferrito voting no. Mr. Carlson moved that the recycling center be re-located from the present site at the end of Miles Avenue to land adjacent to Balzer Field and that Council approve $7,500 transfer from the General Fund Contingency to PFM Recycling budget. Mrs. Benjamin seconded. Carried by a vote of three ayes. Mr. Daily and Mr. Ventura voting no. SALARY STRUCTURE-HOURLY EMPLOYEES Mr. Carlson moved for adoption of Resolution No. 1983-234 entitled, A RESOLUTION AMENDING RESOLUTION SETTING HOURLY EMPLOYEES SALARIES FOR FY 1983- 84. Mrs. Benjamin seconded. Carried unanimously. AMENDMENT TO SCHEDULE OF POSITION AND SALARIES-POLICE Mr. Ventura moved for adoption of Resolution No. 1983-235 entitled, A RESOLUTION AMENDING POSITION AND SALARY SCHEDULES FOR FISCAL YEAR 1983-84. Mrs. Benjamin seconded. Carried unanimously. ANNEXATION PROGRAM NOTICES Mrs. Benjamin moved to approve the letter, as amended, to be sent to all residents of the unincorporated area regarding annexation program notices. At the present time these notices will go to Blossom Hill Manor area. Mr. Daily seconded. Carried unanimously. MAYOR'S APPOINTMENTS TO COMMITTEES The following appointments were made by Mayor Ferrito: Association of Bay Area Governments Terrance J. Daily Brent N. Ventura (Alternate) County Sanitation District No. 4 Brent N. Ventura Joanne Benjamin (Alternate) County Water Conservation Advisory Committee Eric D. Carlson Terrence J. Daily (Alternate) Inter-City Council Thomas J. Ferrito Joanne Benjamin (Alternate) Intergovernmental Council Thomas J. Ferrito Joanne Benjamin (Alternate) HCD/CAC Committee Terrence J. Daily Joanne Benjamin (Alternate) Live Oak Nutrition Board Joanne Benjamin Thomas J. Ferrito (Alternate) Central Fire District Board of Commissioners Brent N. Ventura Eric D. Carlson (Alternate) Peninsula Division/League of California Cities Terrance J. Daily Eric D. Carlson (Alternate) ADJOURNMENT Mrs. Benjamin moved meeting be adjourned at 12:25 A.M. to 7:00 P.M., Monday the 28th day of November, 1983. Mr. Carlson seconded. Carried unanimously.