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M 02-06-84TOWN OF LOS GATOS CALIFORNIA TOWN COUNCIL/PARKING AUTHORITY AGENDA FEBRUARY 6, 1984 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 Brent N. Ventura and Mayor Thomas J. Ferrito. ABSENT:None. PLEDGE OF ALLEGIANCE Mayor Ferrito announced that Den 1, Pack 556 Cub Scout troop would led Council ad audience in the Pledge of Allegiance. Pledge was given by all in attendance. PRESENTATION Mayor Ferrito presented Resolution of Commendation to Jose Stell, reporter for the San Jose Mercury News, for his services to the community in attending and reporting the news of the Town Council meetings over a period of twenty-five years. Tom Baer, Chairman of the Planning Commission presented a Resolution of Commendation from the Planning Commission to Councilman Eric Carlson for his service on the Planning Commission prior to his being appointed to the Town Council. CLOSED SESSION REPORT The Town Manager reported that Council had met in Closed session prior to the Council meeting and discussed the following: Potential litigation, current litigations involving Novitiate Property, Forbes Mill Condominiums, and discussed labor relations. BID AWARD ROTARY MOWER Staff reported that 3 bids were received ranging from $12,726.75 to $13,312.50 for a gas engine mower. Mr. Ventura moved to accept staff recommendation and award bid for the Rotary Mower to Western Lawn Equipment Co., in the amount of $12,726.75. Mrs. Benjamin seconded. Carried unanimously. COMMUNICATIONS (file/referral) a.Letter from the City of Lakewood requesting Council endorsement of Court reform Initiative. Mr. Ventura moved staff advise the Lakewood City Council that the Town Council does not routinely endorse ballot initiatives as a matter of policy. Mrs. Benjamin seconded. Carried unanimously. b.Letter from Barbara Schoonover regarding sister Cities. Mr. Ventura moved this correspondence be referred to the sister City Committee for response. Mrs. Benjamin seconded. Carried unanimously. SCHEDULE OF PUBLIC HEARINGS Information for Council. RESOLUTION YOUTH ADVISORY Mr. Ventura moved for adoption of Resolution No. 1984-13 entitled, A RESOLUTION AMENDING RESOLUTION NO. 1983-224 ESTABLISHING THE YOUTH ADVISORY COMMISSION. Mrs. Benjamin seconded. Carried unanimously. Discussion was held regarding increase of membership and whether it would change to the lesser number of members next year. It was consensus that membership would remain the same through the sunset date of June 1986. Mr. Daily question Resolution 1983-224 regarding the membership required for a quorum and feels this should be changed to (1) adult member and (5) youth members. This proposal to be put in Resolution form and presented for Council consideration at a later date. RATE INCREASE REQUEST GREEN VALLEY DISPOSAL Staff reported on request by Green Valley Disposal for rate increase based on increasing operation costs. Mr. Ventura moved to authorize the Clerk to set public hearing for February 21, 1984, to consider said request. Mrs.Benjamin seconded. Carried unanimously. CITY OF SAN JOSE REFERRAL Mr. Ventura moved to accept staff report on the following: PDC 83-12-104 Guadalupe Mines Road Los Gatos Golf & Country Club, Inc. P-D prezoning. Town Planning has requested further information regarding impact of the project on Guadalupe Creek, the existing trees and on the surrounding street system. Mrs. Benjamin seconded. Carried unanimously. It was consensus of Council to instruct the Mayor to write the Mayor of San Jose stating Los Gatos' concerns. NOTICE OF COMPLETION Mr. Ventura moved Council accept the Certificate of Acceptance and Notice of Completion for Project 291 - Reroofing of Recreation Center. Mrs. Benjamin seconded. Carried unanimously. AGREEMENT FOR RESURFACING NATIONAL AVE. Mr. Ventura moved for adoption of Resolution No. 1984-14 entitled, RESOLUTION APPROVING THE STREET RESURFACING AGREEMENT WITH THE CITY OF SAN JOSE and authorize the Mayor to sign on behalf of the Town. Mrs. Benjamin seconded. Carried unanimously. WEED ABATEMENT 1984 Mr. Ventura moved for adoption of Resolution No. 1984-15 entitled, A RESOLUTION DECLARING WEEDS A PUBLIC NUISANCE AND PROVIDING FOR THEIR ABATEMENT. Mrs. Benjamin seconded. Carried unanimously. The public hearing is scheduled for March 5, 1984. SARATOGA AVENUE WIDENING Staff reported to Council on the Saratoga Avenue Improvements Project 283 and requested approval of contract change order in the amount of $29,918.29 due to State requesting changes in the plan. After further discussion, Mr. Ventura moved to grant the change order in the amount requested. Mrs. Benjamin seconded. Carried unanimously. PURCHASE POLICE VEHICLES Information report regarding purchase of two jeep vehicles for Police Parking Enforcement. CIVIC CENTER FACILITY USE MING QUONG Mr. Ventura moved Council approve the Ming Quong Children's Society request of facility use of the Civic Center on June 2nd and 3rd, 1984, subject to staff requirements. Mrs. Benjamin seconded. Carried unanimously. MINUTES JANUARY 17, 1984 Mr. Daily referred to Communications item C and requested change in the minutes regarding Los Gatos-Almaden Road stop sign. Motion to read, "Mr. Daily moved to refer to Police Department for response and request that a traffic report be prepared by Engineering Department as to whether or not the stop sign is still the appropriate measure of traffic control". It was also noted there were a couple typographical errors. Mr. Daily then moved minutes of January 17, 1984 be approved as corrected. Mr. Carlson seconded. Carried unanimously. COMMUNICATIONS (for action) A.Letter from Sun, Wind & Fire, signed by merchants at 501 NH. Santa Cruz Avenue, requesting unlimited parking on the south side of Andrews Street. The Town Engineer, Mr. Van Houten, stated his office has reviewed the request and recommends granting the request. Mrs. Benjamin moved to accept staff recommendation and adopt Resolution No. 1984-16 entitled, RESTORATION OF UNLIMITED TIME PARKING - ANDREWS STREET. This would restore unlimited parking on the south side of Andrews Street east of Monterey Avenue. Mr. Daily seconded. Carried unanimously. APPROVAL OF PAYROLL FOR JANUARY, 1984 Mrs. Benjamin moved Council approve January, 1984 payroll in the amount of $339,375.62. Mr. Daily seconded. Carried unanimously. TREASURER'S REPORT DECEMBER 1983 Mrs. Benjamin moved to accept the Treasurer's report for December, 1983. Mr. Ventura seconded. Carried unanimously. CERTIFICATE OF PUBLIC CONVENIENCE FOR CORINTHIAN COACH LIMOUSINE SERVICE Mayor Ferrito stated this was the time and place duly published for public hearing to consider the application for Certificate of Public Convenience and Necessity for Corinthian Coach Limousine Service in the Town of Los Gatos. The Police Chief reported that his staff and the Town Clerk have reviewed the application and found it to be in order. No one from the audience wished to speak on this issue. Mr. Ventura moved hearing be closed. Mrs. Benjamin seconded. Carried unanimously. Mr. Ventura moved to approve the application subject to applicant conforming with all necessary details as stated in the Town Code. Therefore, granting the Certificate of Public Convenience for the Corinthian Coach Limousine Service. Mr. Carlson seconded. Carried unanimously. Chief acosta stated the Police Department will proceed with vehicle, equipment and driver certification pursuant to Town Code regulations. BLOSSOM HILL MANOR ISLAND ANNEXATION Mayor Ferrito stated this was the time and place duly published for public hearing on the proposed annexation of the Blossom Hill Manor Island. The Town Manager gave a summary regarding change of State legislation which allows for island annexations. He also informed the audience of various meetings that were held with individuals expressing interest in being annexed to the Town. There was a postcard mail survey made in the area and with the results, this public hearing was initiated for public participation. It was noted that a petition protesting the annexation had been filed with the Town Clerk prior to the Council meeting. The petition was signed by 431 persons within the proposed annexation. Staff is in process of verifying said signatures with the Registrar of Voters list to see if the required 25% has been received. If the necessary 25% is received then this measure of whether to annex or not will be put to a vote of the people within the area in question. Speaking on the issue was: Joel Newman, 15740 Cherry Blossom Lane; Carl B. Perry; Ron Seager; James Pellegrin; Lillian Nerenberg; Barron McDonald; Mrs. Welsh; Pam Mc Donald; John Vojnik; Ida Cutler; Michael Duffield; Don Davis; Pat Williams; Marcus Haverly; Eugene Adams; Carol Cummings; Bruce Arnold; Mary Roach; Mrs. Wadden; Bill Bernard and Lois Thompson. RECESS Mayor Ferrito declared a recess. Meeting reconvened at 9:40 p.m. BLOSSOM HILL MANOR ANNEXATION (CONTINUED) Some issues that had been brought up by the speakers were street sweeping, police services, call time for police service, tree trimming, legality of secondary units, and whether installation of sidewalks are required. There was Council discussion and staff answered the above questions from the audience. No one else from the audience wished to speak on this issue. Mr. Carlson moved the public hearing be closed. Mrs. Benjamin seconded. Carried unanimously. Staff reported that in terms of registered voters there appears to be enough signatures to qualify this for an election if Council so desires. Complete verification will be made within the next two days. Mr. Ventura moved to direct staff to prepare the appropriate resolution calling an election for the annexation of Blossom Hill Manor Island and this be considered by the Council at the next meeting. Mr. Carlson seconded. Carried unanimously. AMENDMENT ZONING ORDINANCE RE DEFINITION OF RESTAURANT Mayor Ferrito stated this was the time and place duly published for public hearing to consider an amendment to the Zoning Ordinance to establish a definition for "Restaurant". A. Dubois, representing the Chamber of Commerce, stated Chambers concerns is that the intent of the definition is not made clear. The Chamber feels the definition is to broad and wants further clarification. Teri Hope, owner of the Los Gatos Coffee Roasting, spoke against the proposed definition. Tom Baer, Chairman of the Planning Commission, spoke on Planning Commission's reason for need of definition. Council voiced its concerns on necessity of precise definition. No one else wished to speak on this issue, Mr. Carlson moved hearing be closed. Mr. Ventura seconded. Carried unanimously. Mr. Daily moved Council make the required Negative Declaration. Mr. Ventura seconded. Carried by a vote of four ayes. Mr. Carlson voted no. Mr. Ventura moved reading be waived for ORDINANCE AMENDING THE ZONING ORDINANCE OF THE TOWN OF LOS GATOS RELATING TO THE DEFINITION OF "RESTAURANT". Mr. Daily seconded. Town Clerk read title. Mr. Ventura moved Ordinance be introduced. Mr. Daily seconded. Carried by a vote of four ayes. Mr. Carlson voted no. ANIMAL CONTROL The Town attorney presented proposed ordinance to modify the Town Code to conform to the County Ordinance Relating to Animal Control. Mr. Ventura moved to waive the reading for ORDINANCE AMENDING CHAPTER 5 OF THE TOWN CODE AUTHORIZING SANTA CLARA COUNTY ANIMAL CONTROL OFFICERS TO SEIZE ANIMALS WHEN NECESSARY TO PROTECT PUBLIC SAFETY OR HEALTH: PROVIDING FOR THE ADOPTION OF DOGS AND CATS UNDER THE AGE OF EIGHT WEEKS FROM COUNTY-OPERATED OR COUNTY-LICENSED SHELTERS: AND PROVIDING FOR CHARGE OF A FEE OR FOR COST OF QUARANTINING ANIMALS AND INSPECTING QUARANTINED ANIMALS. Mr. Daily seconded. Carried unanimously. Clerk read title. Mr. Daily moved Ordinance be introduced. Mr. Ventura seconded. Carried unanimously. SMOKE DETECTORS The Town Attorney stated the proposed Ordinance takes into consideration recommendations of Community Services Commission. The Town Attorney stated it had been brought to her attention that some wording had been omitted and therefore the Ordinance should be amended as follows: Sec: 12.04.040 CERTIFICATION "Every business license application and notice of transfer of ownership which is covered by this Article as ..." Mr. Ventura moved reading be waived for ORDINANCE ADDING ARTICLE IV TO CHAPTER 12, "FIRE PROTECTION" REQUIRING SMOKE DETECTORS IN RESIDENTIAL BUILDINGS. Mr. Daily seconded. Carried unanimously. The Town Clerk read title. Mr. Daily moved for introduction of Ordinance as amended. Mr. Ventura seconded. Carried unanimously. UNDERGROUND UTILITY DISTRICT NO. 83-1 PROJECT 268-CT Mr. Ventura moved for adoption of Ordinance No. 1605 entitled, AN ORDINANCE OF THE TOWN OF LOS GATOS ESTABLISHING UNDERGROUND UTILITY DISTRICT NO. 1983-1, PROJECT 268-CT, IN THE UNIVERSITY AVENUE AREA. Mr. Daily seconded. Carried unanimously. Discussion was held on change of Town Policy regarding whether the Town should participate in cost. It was consensus of Council to request a staff report regarding cost in past participation on other utility districts. AMENDMENT TO ZONING ORDINANCE ESTABLISHING (FAR) INC-2 ZONE Mr. Ventura moved for adoption of Ordinance No. 606 entitled, ORDINANCE AMENDING THE ZONING ORDINANCE OF THE TOWN OF LOS GATOS CONCERNING FLOOR AREA RATIO. Mrs. Benjamin seconded. Carried unanimously. MID-YEAR BUDGET REPORT The Town Manager presented the mid-year budget report. J. Spillane, representing TEA, spoke on their concerns regarding commitment of money for comparable worth implementation. After further discussion, Mr. Ventura moved to accept staff recommendation and approve the following: 1.Approve adjusted revenue estimates for the current year. GENERAL FUND FROM TO Sales & Use Tax $3,000,000 $3,150,000 Property Transfer Tax 50,000 75,000 Bldg/Elec/Plbg/Mech 100,000 125,000 Planning Permits 105,000 120,000 Court Fines 130,000 150,000 Interest Income 800,000 720,000 Neighborhood Center fees 3,000 7.500 Engineering Fees 45,000 55,000 Miscellaneous Revenue 50,000 75,000 Other Funds - Gas tax 2106 135,000 150,000 2.Transfer funds from the following departments to the General Fund Contingency: General Town Administration $14,000 Engineering 10,423 Building 12,000 TOTAL $36,423 3.Transfer funds from General Fund Contingency to the following: Town Attorney $33,251 Parks, Forestry & Maintenance Service 31,500 Town Manager 2,000 Planning 1,500 TOTAL $68,251 4.Transfer $2250,000 from Contingency to General Fund Reserve for Downtown Parking Improvement Program. 5.Appropriate from Fund Balance: Equipment Reserve Fund $ 4,000 Community Services 3,350 (Mediation/Arbitration) Community Services 400 (General Revenue Sharing Fund)______ TOTAL $ 7,750 6.Transfer appropriations from Capital Improvement Projects to the following fund balances: Gas Tax 2107 Fund $41,402.19 (Santa Cruz/Main Signals project & University/ Main Signals project) Construction Tax/Utility Tax 210,000.00 (University Avenue undergrounding) Mrs. Benjamin seconded. Carried unanimously. BUSINESS LICENSE ORDINANCE CLARIFICATION The Town Manager spoke on the proposed ordinance stating it would implement Council policy directing that commercial rentals not be subject to the business tax and that no tx paid under Sec. 15-28.38 (Professionals and Semi-professional Occupations) increase more than 100 percent for the calendar year 1984 over the calendar year 1983 business licenses paid. These policy directions were decided by the Council at the January 17, 1984 meeting. Mrs. Benjamin moved reading be waived for AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE BUSINESS LICENSE TAX TO CLARIFY ITS APPLICATION TO CERTAIN PERSONS: TO ESTABLISH A LIMIT ON THE BUSINESS LICENSE TAX ON PROFESSIONAL AND SEMI-PROFESSIONAL OCCUPATIONS FOR CALENDAR YEAR 1984: AND TO CORRECT CERTAIN CLERICAL ERRORS. Mr. Carlson seconded. Carried unanimously. Town Clerk read title. Mr. Daily moved Ordinance be introduced. Mrs. Benjamin seconded. Carried by a vote of three ayes. Mr. Ferrito abstained as he has a professional office in the Town of Los Gatos. Mr. Ventura was absent at the time of the vote. DOWNTOWN PARKING REPORT The Town Manager referred to staff report stating this is an updated report on parking statistics in downtown area; identifying alternatives for funding parking improvements and identifying financial analysis assistance that may be available to aid in the review of the parking improvement plan. After some discussion, Mr. Carlson moved this be referred to Planning Commission for consideration of an amendment to the Zoning Ordinance regarding reduction of parking requirements for theaters in the central business district and request report back to Council within 60 days. Mr. Daily seconded. Carried unanimously. POLICY STATEMENT ISSUANCE OF INDUSTRIAL DEVELOPMENT BONDS The Town Manager referred to a draft policy statement developed by staff on the request from Gem Convalescent Hospital on National Avenue (submitted to Council on January 3, 1984). Discussion was held on the proposed policy statement and Council members spoke of their concerns. After further discussion, it was consensus of Council that Mayor Ferrito and Mr. Ventura serve as sub-committee to work with staff to develop some different language to the Policy statement. USE OF TOWN PLAZA FOR ART SHOW Mayor Ferrito referred to communication received from Mr. Norman DeChauron, requesting the use of the Town Plaza for a two-day art show. This request had been referred to the Cultural Resource Commission and they are recommending denial of said request. Mr. Ventura moved to accept staff recommendation and deny said request. Mr. Daily seconded. Carried unanimously. COUNCIL REPORT Mayor ferrito referred to SB 564 and House Resolution 1249 regarding the establishment of a National Peace Academy and asked that this be placed on the next council agenda. ADJOURNMENT Mayor Ferrito declared the meeting adjourned at 11:17 p.m. ATTEST: Rose E. Aldag Town Clerk