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M 01-17-83TOWN OF LOS GATOS CALIFORNIA TOWN COUNCIL/PARKING AUTHORITY AGENDA JANUARY 17, 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, Terrence J. Daily, Thomas J. Ferrito, MarLyn J. Rasmussen and Mayor Brent N. Ventura. ABSENT:None. PLEDGE OF ALLEGIANCE Given by all in attendance. CLOSED SESSION REPORT Mayor Ventura stated Council had met in closed session prior to the Council meeting and discussed Personnel matter. EX-AGENDA ITEM Item 16-d, Susan Lassetters letter of resignation from the Sister City Committee. Item 30, State use of Guadalupe College, to be taken after item 19. WRITTEN COMMUNICATIONS (referral/file) a.Notice of public hearing for request of taxicab fare increase from the City of San Jose. Mrs. Rasmussen moved to accept staff recommendation to note and file. Mr. Daily seconded. Carried unanimously. b.Letter from O.L. Johns regarding various complaints about the Town. Mrs. Rasmussen moved to refer to the Town Attorney. Mr. Daily seconded. Carried unanimously. c.Letter from Dr. Warren R. Belanger requesting handicapped parking or limited hours parking on Knowles Drive. Mrs. Rasmussen moved to refer to staff for report at the February 7, 1983, Council meeting. Mr. Daily seconded. Carried unanimously. d.Request from the Sunnyvale Rod & Gun Club for Council's support in keeping the range o pen. Note and file. KAISER MEDICAL INSURANCE AGREEMENT - AMENDMENT Mrs. Rasmussen moved for adoption of Resolution No. 1983-11A entitled, A RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO EXECUTE AN AMENDMENT TO THE GROUP MEDICAL AND HOSPITAL SERVICE AGREEMENT BETWEEN THE TOWN AND KAISER FOUNDATION HEALTH PLAN, INC. Mr. Daily seconded. Carried unanimously. SOFTWARE MAINT. AGREEMENT - DATA WEST CORP. Mrs. Rasmussen moved for adoption of Resolution No. 1983-12 entitled A RESOLUTION AUTHORIZING THE TOWN MANAGER TO EXECUTE A SOFTWARE MAINTENANCE AGREEMENT WITH DATA WEST CORPORATION. Mr. Daily seconded. Carried unanimously. RESOLUTION OF COMMENDATION BARBARA WHITE Mrs. Rasmussen moved for adoption of Resolution No. 1983-13 entitled A RESOLUTION COMMENDING BARBARA WHITE. Mr. Daily seconded. Unanimously carried. PUBLIC HEARING SCHEDULE Council information. POLICY ACTIVITY FOURTH QUARTER REPORT & ANNUAL REVIEW Mrs. Rasmussen moved to accept the report on the police Activity Fourth Quarter and 1982 Annual Summary. Mr. Daily seconded. Carried unanimously. RESOLUTION OF COMMENDATION JO BARTLETT Mrs. Rasmussen moved for adoption of Resolution No. 1983-14 entitled, A RESOLUTION COMMENDING JO F. BARTLETT. Mr. Daily seconded. Carried unanimously. EIR CONSULTANT CONTRACT Mr. Ferrito questioned various parts of the document and made comments. Mayor Ventura questioned if the Planning Commission had an opportunity to review the contract. After further discussion, Mr. Ferrito moved to refer to the Planning Commission for recommendations and return to Council for the February 7, 1983 Council meeting. Mayor Ventura seconded. Carried unanimously. COUNTY REFERRALS Mrs. Rasmussen moved to accept staff recommendation and adopt the County referrals as follows: 1614-28-40-82LA Mt. Charlie Road Josselyn/Triegleff Time extension lot line adjustment No comment. 317-30-46-78B-82B-82G Soda Springs Liles Resubmittal single family dwelling No comment. 1374-30-52-81B-81P 16400 Englewood Rd. Beadle Town's appeal to the Board of Supervisors (cont. from 10/5/82) is on the Board's agenda 1/11/83. Mr. Bowman, Planning Director, reported hearing concerning Beadle property would be before County February 7, 1983. Mr. Daily seconded. Carried unanimously. PROJECT 285-HCDA (PHASE III) - WHEELCHAIR RAMPS Mrs. Rasmussen moved to adopt Resolution No. 1983-15 entitled, RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS APPROVING PLANS AND SPECIFICATIONS FOR PROJECT 285-HCDA (PHASE III) -- INSTALLATION OF WHEELCHAIR RAMPS and authorize advertisement for bids. Mr. Daily seconded. Carried unanimously. DEMOLITION MEADOW GOLD BUILDING Mrs. Rasmussen moved to adopt Resolution No. 1983-16 entitled RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS APPROVING PLANS AND SPECIFICATIONS FOR PROJECT 286 G.F. -- DEMOLITION (MEADOW GOLD BUILDING) and authorize the advertisement for bids. Mr. Daily seconded. Carried unanimously. PARKING PROHIBITION Mrs. Rasmussen moved to adopt Resolution No. 1983-17 entitled PARKING RESTRICTION - ROBERTS ROAD, prohibiting parking on the south side of Roberts Road at 55 Roberts Road, an 8-unit condominium complex. Mr. Daily seconded. Carried unanimously. Mayor Ventura requested a staff report regarding no parking along the creek side of Roberts Road between Blossom Hill Road and the bridge. Also the possibility of changing the name from Roberts Road to East Roberts Road and West Roberts Road. YOUTH EMPLOYMENT PROGRAM Council informational item. RENTAL MEDIATION TASK FORCE STATUS REPORT Council informational item. MINUTES - DECEMBER 7, 1982 Mr. Ferrito moved to adopt as corrected the minutes of December 7, 1982. The correction is as follows: (After Council recess) TOLL HOUSE APPEAL "Mrs. Rasmussen moved hearing be closed. Mrs. Benjamin seconded. Carried unanimously. Mr. Ferrito moved to modify the Use Permit to delete the bar and service of any alcoholic beverage in the hotel and that we also modify the Use Permit to delete the restaurant. Motion died for lack of second. Mr. Ferrito moved to modify Use Permit to delete the bar and any sale of alcoholic beverages and reduce restaurant seating by 50%, for number of seats allowed in current permit, based upon Mr. Carlson's testimony. Mr. Daily asked for amendment to motion to reduce the restaurant seating by 35%. Mr. Ferrito stated he could not agree to amendment. Motion died for lack of second. Mrs. Rasmussen moved Council deny the appeal. Mrs. Benjamin seconded. Mr. Daily, Mr. Ferrito and Mayor Ventura spoke in opposition of the motion. No vote was taken. Substitute motion - Mr. Ferrito moved Council modify the Use Permit to delete the bar and service of alcoholic beverages, find that Planning Commission erred in that it did not consider specifically Policy 13 (traffic and public safety problems) and generally did not consider the relationship between traffic; public safety; the bar; and the concerns and policies in the Specific Plan and General Plan as it relates to the number of bars and restaurants and the problems they cause. Mr. Daily seconded. Mr. Daily moved for amendment to this substitute motion, that "the seating capacity of the restaurant be reduced by 35%". Mr. Ferrito accepted the amendment and wanted to add one other finding - "the permit is not consistent with the General Plan and the Specific Plan". Mr. Daily seconded. Carried by a vote of three ayes. Mrs. Benjamin and Mrs. Rasmussen voting no. The Town Attorney to prepare resolution stating the findings and present to Council at their next meeting. Mrs. Rasmussen seconded. Carried unanimously. MINUTES JANUARY 3, 1983 Mr. Ferrito moved to adopt minutes of January 3, 1983. Mrs. Rasmussen seconded. Carried unanimously. WRITTEN COMMUNICATIONS (for action) a.Letter from Los Gatos High School Head Track Coach and President of Los Gatos Athletic Association requesting permission to conduct the Annual Los Gatos- Vasona 10K Race. Mr. Ferrito moved to approve the request. Mrs. Rasmussen seconded. Carried unanimously. b.The Senior Coordinating Council requests the waiving of fees for the Neighborhood Center for their bingo program. Mrs. Benjamin moved to accept staff recommendation and waive the fees for a two month trial period and then evaluate the program to see if they can afford to pay. Mr. Daily seconded. Carried by a vote of four ayes. Mrs. Rasmussen abstained. c.Letter from the Ming Quong Childrens' Society requesting to hold their annual Strawberry Festival on June 4th and 5th, 1983; request the use of the Civic Center and other locations and the waiver of Town Fees for the Neighborhood Center; request the closure of Main Street and reroute traffic via High School Court and Church; and request to hold the Festival through 8 p.m. on Saturday. Mrs. Rasmussen stated she would abstain from discussion and voting due to conflict of interest. Mr. Daily moved to accept the recommended action. Mrs. Benjamin seconded. Carried by a vote of four ayes. Mrs. Rasmussen abstained. d.Mrs. Benjamin moved to accept Susan Lassetter's resignation from the Sister City Committee with regrets and instructed the Clerk to advertise the opening on the Sister City Committee and schedule interviews. Mr. Daily seconded. Carried unanimously. A letter is to be sent from the Mayor Thanking her for her courage in taking on two appointments. DECEMBER WARRANT DEMAND LIST Mrs. Rasmussen moved for approval of the December, 1982 warrant demand list in the amount of $545,698.70. Mrs. Benjamin seconded. Carried unanimously. DECEMBER FINANCIAL STATEMENT Mr. Daily requested to hold the Financial Statement for December until the next meeting. APPEAL - 236 N. SANTA CRUZ AVE. (BUILDING CODE) Mayor Ventura stated this was the time and place duly published for public hearing to consider the Building Code Appeal for 236 N. Santa Cruz Avenue. John Coletti, representing Blach Construction, requested to apply for unreasonable hardship for handicapped requirement for a small office improvement. Mr. Lewis spoke on public facility only accessible to clients with a key. Mr. Watson, Building Official, answered Council's questions. After discussion and questions by Council, Mrs. Rasmussen moved hearing be closed. Mr. Daily seconded. Carried unanimously. Mrs. Rasmussen moved to grant the appeal and authorize the Town attorney to draft a resolution with findings that compliance with the decision of the building official creates an unreasonable hardship. Mr. Daily seconded. Carried unanimously. STATE USE OF GUADALUPE COLLEGE Mayor Ventura stated the item regarding the possible State use of Guadalupe College for a women's prison facility would be taken up at this time. Mr. Mora, Town Manager, informed Council and audience that the Little Hoover Commission would return to Los Gatos on Friday, January 21st to conduct an informal citizens meeting at the Neighborhood Center from 4:30 to 7:30 p.m. Commissioners Albert Gernstein and Richard Mann will be at the meeting. A tour by Council of the only other female minimum security prison in Fontana California is being arranged by staff. The dates have tentatively been arranged for February 1st or 2nd. Mr. Ferrito requested from the Little Hoover Commission a written report of who's on the Commission, their addresses, issues they are interested in when they are looking over Guadalupe, and copy of their Charter, this was promised to Council. After further discussion by Council, Mrs. Rasmussen moved to adopt Resolution 1983-18 as amended. RESOLUTION NO. 1983-18 A RESOLUTION OF THE TOWN COUNCIL EXPRESSING OPPOSITION TO USE OF GUADALUPE COLLEGE SITE AS A PRISON. WHEREAS: 1.The Town Council has learned that the Commission on California State Government Organization and Economy commonly known as the Little Hoover Commission, is reviewing, at Senator Alfred Alquist's request, the Guadalupe College site as a prison; and WHEREAS: 2.The Town Council wishes to inform the Little Hoover Commission, the State Senate, the State Assembly, and Governor Deukmejian that the Guadalupe College site is totally inappropriate for use as a prison; THE TOWN COUNCIL THEREFORE RESOLVES: 1.That the use of Guadalupe College as a prison raises vital concerns to the people of Los Gatos and the State of California for the following reasons: a.Violations of the Town's General Plan; b.Inadequate access to the site, requiring a large expenditure of State funds to construct a new access road; c. Immediate proximity to residential property; d. Geological problems, including inability to meet State and local seismic standards; e. Incompatibility with hillside standards established by the Town and County of Santa Clara; f. Continuing the investigation of this site for a prison facility after the State Department of Corrections declared the property inappropriate for such use is an obvious waste of State revenues; g. Inadequate water and sewer services; h. Negative impact on property values; i. Negative impacts on existing drainage patterns, biotics, and visual aesthetics; j.Inadequate access for public safety services; k.A negative impact on services provided by Town Government; l.Unknown future State uses for the site; m.Unknown effect on municipal and private insurance rates. 2.Based on the foregoing concerns, and others, the Town Council hereby resolves to do the following: a.Notify appropriate State officials of their error in pursuing the Guadalupe College site; b.Monitor with due diligence the work of the Little Hoover Commission; and c.If the Hoover Commission recommends the site, the Council will actively lobby the Legislature and Governor to stop any attempt to pursue the use of the facility as a prison facility. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held this 17th day of January, 1983, by the following vote: AYES:COUNCIL MEMBERS:Joanne Benjamin, Terrence J. Daily, Thomas J. Ferrito, MarLyn J. Rasmussen and Mayor Brent N. Ventura NOES;COUNCIL MEMBERS: None. ABSENT:COUNCIL MEMBERS: None. ABSTAIN:COUNCIL MEMBERS: None. SIGNED: /s/ Brent N. Ventura Mayor of the Town of Los Gatos ATTEST: /s/ Rebecca L. Yates (seal) Deputy Clerk of the Town of Los Gatos Mrs. Benjamin seconded. Carried unanimously. It was consensus of Council to sent a letter to the order of Nuns indicating the concerns the Town has and ask them to refuse to sell to the State. Also ask the Los Gatos Saratoga Board of Realtors for a study on the Negative impact this would have on property value; the Chamber of Commerce to look at the business aspect; and request input from the School District. PREFERENTIAL PARKING ORDINANCE Mr. Hays, Town Attorney, spoke on his report and requested Council to choose the fines they wish to impose. After discussion, Mr. Ferrito moved the fines of $15.00 for the first offense, $30.00 for the second and $50.00 for the third offense. Mrs. Rasmussen seconded. The discussion was continued. Mr. Daily requested an amendment to the motion to have fines of $25.00, $35.00, and $50.00. Mr. Ferrito accepted the amendment. Carried unanimously. Mrs. Rasmussen moved to waive the reading for ORDINANCE ESTABLISHING PROCEDURE FOR PREFERENTIAL PARKING AND SETTING FINES FOR VIOLATION. Mr. Ferrito seconded. Carried unanimously. Deputy Clerk read title. Mrs. Rasmussen moved for introduction of the Ordinance. Mr. Daily seconded. Carried unanimously. APPEAL 16569 CAMELLIA TERRACE (MUSICH) Mr. Ferrito moved to adopt Resolution No. 1983-19 entitled, RESOLUTION DENYING APPEAL FROM DECISION OF PLANNING COMMISSION. Mrs. Benjamin seconded. Carried by a vote of four ayes. Mayor Ventura abstained. ORDINANCE CONVERTING MISDEMEANORS TO INFRACTIONS Mrs. Rasmussen moved for adoption of Ordinance No. 1563 entitled, ORDINANCE AMENDING VARIOUS SECTIONS OF THE TOWN CODE TO CONVERT MISDEMEANORS TO INFRACTIONS. Mrs. Benjamin seconded. Carried unanimously. PUSHCART ORDINANCE Mr. Mora, Town Manager, explained the map showing the areas in which pushcarts can be operated under the proposed ordinance. After some discussion, Mr. Ferrito moved to refer ordinance governing pushcarts back to the committee and staff for a report to Council at the February 7, 1983 meeting and removed the ban on issuance of business licenses for pushcarts. Clerk is to advise future pushcart vendors of pending ordinance. Mayor Ventura seconded. Carried unanimously. ZONE CHANGE PARR AVENUE SENIOR HOUSING Discussion was held on handicapped accommodation requirements. Mr. Hedly spoke on this issue and answered Council's questions. Mr. Lewis and Velma Shelly spoke on adequate access for handicapped in the units. Mrs. Benjamin moved to accept negative declaration. Mrs. Rasmussen seconded. Carried unanimously. Mrs. Benjamin moved to waive the reading for AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONING ORDINANCE EFFECTING ZONE CHANGE NO. _____ FROM R-1:8,000 TO R-1:8,000-PD. Mayor Ventura seconded. Carried unanimously. Deputy Clerk read title. Mrs. Benjamin moved for introduction with the following amendments: 1) support for grab bars; 2) door passages wide enough for wheelchairs; 3) kitchens meet requirement for handicapped accessability; 4) wall sockets 18" from floor and light switches within reach for handicapped; 5) one model built with handicapped features installed; 6) advertising to include handicapped features can be installed; 7) any buyer requesting handicapped access features could have them installed as an option. Mrs. Rasmussen seconded. Carried unanimously CONFLICT OF INTEREST REPORT Mr. Mora spoke on the issue of Conflict of interest. He stated that the Assistant Manager and Town department heads should be included in the requirement to file a conflict of interest statement.. The town attorney, Town Treasurer, Town Clerk and Planning Commission should also be considered in the requirement. Mayor Ventura requested the Town expand the scope of the Town's Conflict of Interest Ordinance to include parents, sibling, children and other relatives. After some discussion it was consensus of the Council to have the Town Manager and Attorney draft a resolution for review at the next Council meeting of February 7, 1983. REVOCABLE PERMIT - AZTEC RIDGE ROAD (ARIEW) Mr. Ferrito moved to accept staff recommendation to grant the applicant permission to construct the gate, authorize the Director of Public Works to issue a revocable permit to construct the gate, add to condition #6 (under the terms) streets trees be planted along the portion of public street that is to be occupied by the revocable permit to the satisfaction of the Director of Parks and Forestry. Mrs. Rasmussen seconded. Carried unanimously. BONNIE LANE ASSESSMENT DISTRICT Mr. Ferrito moved to adopt resolution No. 1983-20 entitled, A RESOLUTION DESCRIBING PROPOSED BOUNDARIES OF ASSESSMENT DISTRICT, DIRECTING FILING OF BOUNDARY MAP AND ASSESSMENT DIAGRAM AND THE RECORDATION OF NOTICE OF ASSESSMENT. Mrs. Rasmussen seconded. Carried unanimously. Mr. Ferrito moved to adopt Resolution No. 1983-21 entitled, A RESOLUTION AMENDING RESOLUTION NO. 1982--214 ENTITLED, "A RESOLUTION OF INTENTION TO ACQUIRE AND CONSTRUCT IMPROVEMENTS". Mrs. Rasmussen seconded. Carried unanimously. Mr. Ferrito moved to adopt Resolution No. 1983-22 entitled, A RESOLUTION OF PRELIMINARY APPROVAL OF ENGINEER'S REPORT. Mrs. Rasmussen seconded. Carried unanimously. Mr. Ferrito moved to adopt resolution No. 1983-23 entitled, A RESOLUTION APPOINTING TIME AND PLACE OF HEARING PROTESTS IN RELATION TO PROPOSED ACQUISITIONS AND IMPROVEMENTS AND DIRECTING NOTICE. Mrs. Rasmussen seconded. Carried unanimously. Mr. Ferrito moved to adopt Resolution No. 1983-24 entitled, A RESOLUTION CALLING FOR SEALED PROPOSALS AND FIXING LIQUIDATED DAMAGES FOR FAILURE TO COMPLETE THE WORK WITHIN TIME SPECIFIED. Mrs. Rasmussen seconded. Carried unanimously. PARK COMMISSION STUDENT MEMBER Mayor Ventura moved to appoint Mathew O'Brien and Elizabeth Nichols as Park Commission Student Members. The term of office shall be for one year commencing February 1, 1983 and ending January 31, 1984. Mrs. Benjamin seconded. Carried unanimously. PARKING FEES & COLLECTION - OAK MEADOW PARK Ardith Sams, Park Commission Chairman, spoke on the Oak Meadow Park issue and answered Council's questions. Mr. Ferrito moved to refer report back to Park Commission for further considerations regarding fee structure and policy relating to parking lot. Mr. Daily seconded. Carried unanimously. TRUCK PROHIBITION Discussion was held regarding truck prohibition signs in the Almond Grove Neighborhood. Mayor Ventura moved to put truck prohibition signs at each end of Tait and have a six month follow up to see if it has any effect. Mr. Benson, owner of Hannegan's, spoke on the hazards of large truck going down Victory Lane. Mayor withdrew his motion. Council requested a staff report. WHITE PAPER RECYCLING PROGRAM Mayor Ventura moved to increase the number of white paper bins to be located around the Town Hall. Mr. Hays to write a memo of "do's and don't" of using the bins and distribute to employees. Staff to find a contractor that will accept the paper with staples. Mrs. Benjamin seconded. Carried unanimously. PG&E HYDRO-ELECTRIC RELICENSING Mayor Ventura moved to approve report concerning PG&E hydro-electric plant relicensing. Mr. Ferrito seconded. Carried unanimously. PEDESTRIAN SAFETY DOWNTOWN Discussion was held regarding pedestrian safety in the downtown area and reinstallation of signs in crosswalks. It was consensus of Council to have staff prepare a report for the meeting of February 22, 1983. ADJOURNMENT Mayor Ventura declared the meeting adjourned at 10:04 p.m. to an adjourned Executive Session regarding personnel matter on Monday, January 24, 1983 at 7:30 p.m. in the Conference Room. ATTEST: Rebecca L. Yates Deputy Clerk