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M 11-18-85TOWN OF LOS GATOS CALIFORNIA TOWN COUNCIL/PARKING AUTHORITY AGENDA NOVEMBER 18, 1985 TOWN COUNCIL The Town Council/Parking Authority met in a joint meeting in the Council Chambers of the Town Hall at 7:45 p.m., in regular session. ROLL CALL PRESENT:Eric D. Carlson, Terrence j. Daily, Thomas J. Ferrito, Brent N. Ventura, and Mayor Joanne Benjamin. ABSENT:None. PLEDGE OF ALLEGIANCE Given by all in attendance. EXECUTIVE SESSION The Town attorney stated Council had met in Executive Session on October 26 and 17, 1985 at which time they discussed personnel matters and no action was taken at either session. An Executive Session was held the November 4, 1985 Council meeting at which time Council discussed three matters of litigation, pursuant to Government Code Sec. 54956.9(a): GTE Mobile Net vs. Town; Franusich vs. Town and Crafford vs. Town. No action was taken. An Executive Session was held on November 7, 1985 at which time Council discussed personnel matter and no action was taken. An Executive Session was held prior to tonight's meeting of November 18, 1985 to discuss two matters of litigation pursuant to Government Code Sec. 54956.9 (a) - Town vs. Scott and Crafford vs. Town and there is nothing to report on these matters. Council also discussed pending litigation pursuant to Government Code Sec. 54956.9 (b) - In first instance Council determined there was significant exposure to litigation regarding claim of Maude H. Spence. Council discussed claim of Maude H. Spence and voted to pay the claim in the amount of $184.06. In addition, Council discussed item under personnel and labor relations and there was nothing to report on those matters. ELECTION OF MAYOR Mayor Benjamin stated she would like to take this opportunity to thank the Town of Los Gatos, Council and her family for the support she had received over the pst year and now would declare nomination for Mayor open. Mr. Ferrito moved to nominate Terrence J. Daily for Mayor. Mayor Benjamin seconded. Carried by a vote of four ayes. Mr. Daily abstained. Mayor Daily accepted the gavel and thanked Mrs. Benjamin for her outstanding job as Mayor over the past year. ELECTION OF VICE-MAYOR Mayor Daily declared nominations open for position of Vice-Mayor. Mrs. Benjamin nominated Eric Carlson for Vice-Mayor. Mr. Carlson declined the nomination and stated that precedents generally calls for the Councilmember receiving the highest number of votes in the recent election being the next Vice- Mayor and he would yield to Mr. Ventura and would nominate brent Ventura for Vice-Mayor. Mrs. Benjamin seconded. Carried by a vote of four ayes. Mr. Ventura abstained. APPOINTMENT ADULT MEMBER YOUTH ADVISORY COMMISSION Mr. Carlson moved to appoint Bonnie Gelb to Youth Advisory Commission (adult member). Mrs. Benjamin seconded. Carried unanimously. Mayor Daily stated no applications were received for the vacancy on the Cultural Commission and directed the Clerk to readvertise for said vacancy. EX-AGENDA ITEMS The Town Manager stated changes in the agenda should be as follows: add (le), letter from Terracommercial regarding parking deficiencies at 444 N. Santa Cruz Avenue. Remove items 7, 22, and 23. It was noted also that Mayor Daily would be making assignments to various Council committees. These will be typed and distributed. COMMUNICATIONS (referral/file) a.Letter from League of California Cities regarding appreciation to Assemblyman D. Cortese. Mr. Ventura moved to refer correspondence to Town Manager for preparation of a letter of appreciation to Mr. Cortese. Mr. Carlson seconded. Carried unanimously. b.Letter from S. Kaplan, et al, regarding extension of cable service. Mr. Ventura moved to refer letter to Town Manager for response and report back to Council on December 2, 1985. Mr. Carlson seconded. Carried unanimously. c.Letter from Chamber of Commerce re Blossom Hill Rd. traffic study. Mr. Ventura moved this be referred to Town Engineer for reply. Mr. Carlson seconded. Carried unanimously. d.Letter from Phillip Dryan regarding potholes on Pollard Road. Mr. Ventura moved letter be referred to Director of Parks, Forestry and Maintenance Services for field visit and report. Mr. Carlson seconded. Carried unanimously. e.Letter from Terracommercial regarding parking deficiencies at 444 N. Santa Cruz avenue. Mr. Ventura moved to refer communication to the Parking Commission for reply. Mr. Carlson seconded. Carried unanimously. SCHEDULE OF PUBLIC HEARINGS Council informational item. NOTICES OF COMPLETION Mr. Ventura moved for approval of Notices of Completion and Certificates of acceptance on the following: Tract 7660 - Johnson Hollow; Project 315, Nicholson avenue and Yosemite Avenue Storm Drains; and authorize the Mayor to execute said documents and Clerk to record. Mr. Carlson seconded. Carried unanimously. PARKING COMMISSION REPORT Information report for Council. Mr. Ferrito suggested that in the questionnaire that is to be distributed by merchants, one question that should be asked is, "If the people are willing to pay for parking meters and if so, at what rates?". APPROVE AMENDED MAP OF TRACT 7627 Mr. Ventura moved for adoption of Resolution No. 1985-163 entitled, RESOLUTION APPROVING AND ACCEPTING FINAL MAP OF AMENDED TRACT NO. 7627. Mr. Carlson seconded. Carried unanimously. PARKING PROHIBITION CAPRI DRIVE AT KNOWLES DRIVE Mr. Ventura moved for adoption of Resolution No. 1985-164 entitled, PARKING PROHIBITION -- CAPRI DRIVE (this prohibits parking at all times along a portion of the east side of Capri Drive). Mr. Ferrito moved for amendment that the approval of this is with the condition that the bus shelter in front of the Library be installed prior to this parking prohibition becoming effective. Mr. Ventura accepted the amendment. Mr. Carlson seconded. Carried unanimously. ANNUAL CHRISTMAS PARADE Mr. Ventura moved Council approve the request of the Los gatos Chamber of Commerce and the Los Gatos Lions Club to hold the 29th Annual Children's Christmas Parade on Saturday, December 7, 1985 with the following conditions: 1.Applicants be required to coordinate with the Police Department for street closure times and with the Parks Department for use of the Plaza and Civic Center to ensure facility cleanliness and preservation, and protection of landscaped areas. 2.Selling of merchandise at the Town Plaza and Civic Center be limited to local non-profit vendors that have been granted Council approval to use Town property. 3.The Chamber provide the Town with special event insurance coverage in the amount of 1 million dollars naming the Town as an additional insured. Additional, the applicant to sign hold harmless agreement. 4.The Director of Parks, Forestry and Maintenance recommends the use of the Civic Center roof surfaces for display of trophies and awards not be allowed. This practice would be a potential safety hazard and may damage the new roof. Mr. Carlson seconded. Carried unanimously. REPORT ON "DEEP POCKETS" LAW Mr. Ventura moved for adoption of Resolution No. 1985-165 entitled, A RESOLUTION OF THE TOWN OF LOS GATOS SUPPORTING THE "FAIR RESPONSIBILITY ACT OF 1986" INITIATIVE. Mr. Carlson seconded. Carried by a vote of three ayes. Mr. Ferrito abstained due to the fact Council does not have specific language available for review. Mr. Ventura stated as a matter of consistency he would also abstain. MINUTES NOVEMBER 4, 1985 Mr. Ferrito moved minutes of November 4, 1985 be approved as submitted. Mrs. Benjamin seconded. Carried unanimously. COMMUNICATIONS (for action) a.Letter from Donald D. Howard regarding request for refund on Architecture and Site Application. Mr. Bowman, Planning director, answered questions of Council regarding refund procedures, After further discussion, Mrs. Benjamin moved to accept staff recommendation and deny the request. Mr. Carlson seconded. Carried unanimously. b.Letter from Norman Keiser, PhD, requesting exemption to file an application for secondary dwelling unit permit. Mrs. Benjamin stated action on this should be deferred until Council makes a policy decision. After further discussion it was determined this matter would be discussed with agenda item 26, Secondary Dwelling Unit processing. NOVEMBER 1, 1985 PAYROLL Mr. Carlson moved to approve the November 1, 1985 payroll in the amount of $126,596.18 and payroll related warrants in the amount of $55,796.25, plus special warrant requested by Treasurer in the amount of $33,950.25. Mrs. Benjamin seconded. Carried unanimously. WARRANTS NOVEMBER, 1985 Mr. Carlson moved to approve the November 1985 warrants in the amount of $665,095.88. Mrs. Benjamin seconded. Carried unanimously. TREASURER'S REPORT OCTOBER 1985 Mayor Daily acknowledged the attendance of Deputy Town Treasurer, Beverly Peacock and the receipt of the Town Treasurer's report for October, 1985. SUBDIVISION ORDINANCE AMENDMENT Mayor Daily stated this was the time and place duly published for public hearing to consider amendment to the Town's Subdivision Ordinance to provide for new form of tentative map for subdivisions called a "Vesting Tentative Map" as required by recent amendments to the State Subdivision Map act. Planning Director, Lee Bowman, reported this amendment in conjunction with the new state law. Mr. Ferrito questioned as to what efforts staff has made and will make in anticipation of this legislation to make certain that vested tentative maps are identified at the planning department counter so appropriate action can be taken. Planning Director explained procedure for handling said vesting maps, stating staff all will be informed as to procedures. 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 reading be waived for AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE TOWN SUBDIVISION ORDINANCE TO PROVIDE FOR A NEW FORM OF TENTATIVE MAP CALLED A "VESTING TENTATIVE MAP". Mr. Ferrito seconded. Carried unanimously. Clerk read title of ordinance. Mr. Ventura moved for introduction of ordinance. Mrs. Benjamin seconded. Carried by a vote of three ayes. Mr. Carlson and Mr. Ferrito abstained. They feel this is not a good idea. Further discussion was held as to whether all subdivisions should come before Council if Council has to handle vesting subdivisions. It was suggested Planning Commission report on this. It was consensus of Council to direct the Manager to work with the League of California Cities and the Mayors at their monthly meeting to see about revising this legislation. AMENDMENT OF ZONING ORDINANCE SENIOR CITIZEN DEFINITION; AND MODIFICATION OF RESIDENTIAL PLAN DEVELOPMENT. Mayor Daily stated this was the time and place duly published for public hearing to consider Zoning Ordinance Application Z-85-11; consideration of amendment to the Zoning Ordinance regarding definition of senior citizens and the modification to existing Residential Planned Development zone. Mr. Ferrito moved to consolidate these two hearings. Mr. Ventura seconded. Carried unanimously. The Planning Director explained to Council that new legislation has made it necessary to amend Town Ordinances and these amendments had to be adopted by January 1, 1986, but now discover the deadline for such amendments is December 31, 1986. After further discussion, Mr. Ventura moved Council continue the public hearing to January 21, 1986 and work through the League of California Cities and any other organizations to have the age restriction in Civil Code Sec. 51.3 amended. Mrs. Benjamin seconded. Carried unanimously. APPEAL 15 N. SANTA CRUZ AVE.- HANDICAP ACCESS Mayor Daily stated this was the time and place duly published for public hearing to consider appeal of Building Official's decision regarding handicapped access requirements for 15 N. Santa Cruz Avenue (Upperty's and Mountain Charley's). Chief Building Official, Mr. Watson, answered questions of Council. Jim Farwell, owner of Mountain Charley's Saloon, spoke on history of the building in questions and the importance of retaining as much of the old structure as possible; the problem of flooring if handicap access ramp is installed at the rear of the building and noted that the building is designed as an Historic Building. Jim Lewis spoke to Council and referred to State Law Title 24 requirements and requested that Council deny the appeal. Also speaking in favor of the appeal was Gary Schloh, Architect; Jim Bacigalupi and Anton Julius. After further discussion it was consensus of Council to have appellant and Mr. Lewis work with staff to see if they could work out an agreeable solution. Mrs. Benjamin moved to continue said hearing to December 16, 1985. Mr. Ferrito seconded. Carried unanimously. DEED RESTRICTION SECONDARY DWELLING UNIT Mrs. Harriet Pierce, 72 Mariposa Ct., spoke in opposition of deed restriction requirement in secondary dwelling unit ordinance. Benny Pierce also spoke against the requirement. Discussion was held and no decision is to be made until Council reviews the ordinance. The deed restrictions do not have to be signed and recorded until July 1, 1986, and that will give Council time to review said ordinance. Jean Moore, 221 Vista del Monte, spoke of her concerns due to the unfair situation and feels these people should be made aware of and be advised of the legality. Council directed staff to keep records of problems in this area and Council to have a study session in the near future to go over the problems to see if ordinance needs amending. NO SMOKING DESIGNATION IN WORK PLACE Mr. Robert Quigley, representing Coalition of the american Cancer Society, referred to employee Association request for no smoking designation in the work place and stated he is requesting that Council consider at the same time your ordinance to look at the work place for the private employees in the city. He wished to commend the Town on their smoking control ordinance that is in effect regarding businesses but does feel there should be some updating to include the work place as requested by the Town employees. Mr. Quigley stated he would be glad to assist in any way he can and will send the Clerk copies of ordinances from other cities for Council review. Mr. Ferrito suggested the proposed questionnaire, that is to be circulated to the employees, be broken down into minute detail. Need more specific questions. Mr. Ventura moved Council authorize the conduct of the Town-wide employee survey (with questionnaires being amended as suggested), to determine the attitude toward a non-smoking policy in the work place, and return to the Council with a specific recommendation on December 16, 1985. Mr. Carlson suggested when this recommendation comes back to Council it includes a general suggestion for an ordinance not just for Town premises but work places in the Town. Amendment of motion accepted. Mrs. Benjamin seconded. Carried unanimously. RECESS Mayor Daily declared recess. Meeting reconvened at 10:00 p.m. CLAIM OF BRIAN WOLOSHYN Mr. Ferrito stated it is common procedure to tag evidence and not to mark or carve on said evidence, which would damage the property in any way. Therefore he moved to approve the claim for damages in the amount of $25.00. Mr. Carlson seconded. Carried by vote of four ayes. Mr. Ventura voting no. Staff to ask Police to inform people who deal with the process of tagging or identifying evidence and instruct the Police officers on proper procedures for tagging. PREFERENTIAL PARKING PERMIT FALSIFICATION Mr. Ventura moved reading be waived for ORDINANCE AMENDING THE TOWN CODE OF THE TOWN OF LOS GATOS TO PROHIBIT FALSIFICATION OF GUEST PARKING PERMITS. Mr. Carlson seconded. Carried unanimously. Clerk read title of ordinance. Mr. Ventura moved for introduction of ordinance. Mr. Ferrito seconded. Carried unanimously. Town Clerk was instructed upon adoption of this ordinance to mail a copy of the adopted ordinance to all residents currently in said preferential parking district. Council also requested report from Clerk on any problem. LOS GATOS RECREATION REQUEST FOR 85/86 FUNDING Gene Goldberg, Director of Los Gatos-Saratoga Recreation Department, spoke to Council on said request for $7,000.00 and explained that this amount is needed to sere approximately 12,000 residents residing in east Los Gatos but are not in the Los Gatos School District. After some discussion Mr. Benjamin moved that due to misunderstanding on timing for request that Council approve a supplemental appropriation from the General Fund Appropriated Reserve in the amount of $7,000.00 for the 85-86 FY and next spring this request should be requested at the same time as all other budget cycles. Mr. Ventura seconded. Carried unanimously. Mr. Ventura stated Council should explore getting representation on the Recreation District Board. Council did request a quarterly report from the recreation Department which Mr. Goldberg stated he would gladly furnish. BELLRINGERS GRANT APPLICATION Speaking on this issue was Sara Anderson and Laura Taylor. After some discussion, Mr. Ferrito moved for adoption of resolution No. 1985-166 entitled, RESOLUTION OF THE TOWN OF LOS GATOS APPROVING THE APPLICATION AND THE PROJECT AGREEMENT FOR HISTORIC PRESERVATION GRANTS-IN-AID FUNDS FOR HISTORIC RESOURCES INVENTORY SURVEY PROJECT. (This supports the Bellringers proposal but, makes no financial or in-kind contribution to the grant). Mr. Ventura seconded. Carried unanimously. SECONDARY DWELLING UNIT PROCESS REPORT Mr. Ferrito suggested this be carried over to meeting of December 16, 1985 to allow Council time to review said report. Mr. Ventura asked for comments from staff as to the policy regarding additions and improvements of existing units. Discussion was held on Dr. Keiser requesting exemption to file a late application for a secondary dwelling unit permit. Mr. Carlson moved to respond to Dr. Keiser informing him that Council is considering modifications to the ordinance and he will be notified as to procedures and of future hearings. Mr. Ferrito seconded. Carried unanimously. LOS GATOS BLVD. PROJECT 309 Discussion was held on the cost of the project and lack of performance of the interconnect on Los Gatos Boulevard. Town Engineer, Mr. Zapf, answered questions of Council. After further discussion Mr. Ventura moved for adoption of resolution No. 1985-167 entitled, RESOLUTION AUTHORIZING AGREEMENT WITH RUTH AND GOING, INC., (this is for engineering services in connection with Los Gatos Boulevard Improvements - Project 309). Mr. Carlson seconded. Carried unanimously. Council requested a staff report giving a detailed analysis as to why Los Gatos Boulevard has not held up for a longer duration. FINANCIAL STATUS REPORT - OCTOBER 31, 1985 Mrs. Benjamin moved Council accept the Financial status report of October 31, 1985. Mr. Carlson seconded. Carried unanimously. BOY SCOUT TROOP #562 REQUEST USE OF TOWN PLAZA Mrs. Benjamin moved request of Boy Scout troop #562 for permission of Council to allow them to sell hot dogs, and soft drinks in the Town Plaza during the Christmas Parade be granted subject to same conditions of approval for Boy Scout troop #603. CENTENNIAL COMMISSION APPOINTMENTS Mr. Ventura spoke of four vacancies on the Centennial Commission and stated they now have six candidates interested in participating on said commission but appointments must be affirmed by the Council. After further discussion Mrs. Benjamin moved Vice-Mayor Ventura request in writing a report back to Council on December 2, 1985. Report to contain names of nominees and historical process regarding appointments to said commission. Mr. Carlson seconded. Carried by a vote of three ayes. Mrs. Benjamin and Mr. Ventura abstained. ADJOURNMENT At 11:20 p.m., Mrs. Benjamin moved meeting be adjourned to Executive Session. Mr. Carlson seconded. Carried unanimously. Town Attorney stated report on Executive Session will be given at the Council meeting scheduled for November 19, 1985. ATTEST: Rose E. Aldag Town Clerk