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M 04-19-82TOWN COUNCIL MEETING APRIL 19, 1982 TOWN COUNCIL The Town Council of the Town of Los Gatos met in the Council Chambers of the Town Hall at 7:45 p.m., in regular session. ROLL CALL PRESENT: Ruth Cannon, Thomas J. Ferrito, Marlyn J. Rasmussen, Brent N. Ventura and Mayor Peter W. Siemens. ABSENT; None. PLEDGE OF ALLEGIANCE Given by all in attendance. EXECUTIVE SESSION REPORT Mayor Siemens reported on the Executive Session held prior to the Council meeting stating the following matters were discussed: 1. Council authorized the parameters for the upcoming labor negotiations for the Town Manager by unanimous vote. 2. Received report on the Hamilton lawsuit in which the Town received a favorable ruling in court (copies are available for the press). 3. Discussed lawsuit with respect to Novitiate excess land acquisition. Authorized retaining Gerald Marer to file a motion relating to Town's appeal, with a cost of $2,000.00 to be paid by the joint fund. Vote on this was 4 ayes. Mrs. Rasmussen voting no. PRESENTATION LOS GATOS HIGH SCHOOL GIRLS BASKETBALL TEAM Mayor Siemens at this time presented Coach Mackey with Resolution of Commendation for the Orange Crush Team for their achieving the Central Coast Section Championship. The Team was in attendance and were recognized. WRITTEN COMMUNICATIONS (REFERRAL/FILE) a. Letter from Dorothy James, re complaint of unsightliness and litter at 15630 Los Gatos-Almaden Road. Mrs. Rasmussen moved this be referred to staff for investigation and follow-up. Mr. Ventura seconded. Unanimously carried. b. Letter from O.L. Johns re trespassing on his property at 151 N. Santa Cruz Avenue. Mrs. Rasmussen moved this be referred to Attorney. Mr. Ventura seconded. Unanimously carried. c. Letter from E.C. Steffani re Shannon Road drainage problem. Mrs. Rasmussen moved this be referred to staff for report. Mr. Ventura seconded. Unanimously carried. d. Letter from Chamber of Commerce re Clean-up Day which is proposed for May 14, 1982, in the downtown business area. Discussion was held on certain costa to the Town. It was the Town Manager's estimate that cost to the Town would be less than $100.00 and also noted that Highway 17 would be closed off. Mrs. Rasmussen moved Council grant request to have Clean-up Day and Town to absorb cost under Community events. Mrs. Cannon seconded. Unanimously carried. e. Letter from Chamber of Commerce re temporary improvements to SP right-of-way between Elm Street and Royce Street. Mrs. Rasmussen moved this be referred to staff for report. Mr. Ventura seconded. Unanimously carried. FINANCIAL REPORTS FOR MARCH Mrs. Rasmussen moved Council accept the Revenue and Expenditure report for the month of March, 1982, from the Office of Town Clerk. Mr. Ventura seconded. Unanimously carried. TREASURER'S REPORT Mrs. Rasmussen moved Council accept the Treasurer's report for the month of March. Mr. Ventura seconded. Unanimously carried. RESOLUTION COMMENDING FISHER JR. HIGH BASKET-BALL TEAM Mrs. Rasmussen moved for adoption of Resolution No. 1982-80 entitled, A RESOLUTION COMMENDING FISHER JUNIOR HIGH SCHOOL 8TH GRADE BASKETBALL TEAM, FOR WINNING BOTH THE LEAGUE AND SANTA CLARA COUNTY CHAMPIONSHIP. Mr. Ventura seconded. Unanimously carried. COUNTY HEARING SCHEDULE Mrs. Rasmussen moved Council accept said schedule of the coming Council hearings. Mr. Ventura seconded. Unanimously carried. COUNTY REFERRALS Mrs. Rasmussen moved Council accept staff recommendations on the following: 452-28-42-78GV-82B: Laurel Drive--Hazel--Single family dwelling (Already constructed illegally) No comment 1371-32-45-8113: Soda Springs Road--Collins--Single family dwelling No comment Mr. Ventura seconded. Unanimously carried. NOTICE OF COMPLETIONS Mrs. Rasmussen moved for approval of the following Notice of Completions and Certificate of Acceptance and Mayor be authorized to execute said Notices on behalf of the Town: 1. Vasona Station-1422 Winchester Boulevard 2. 16620 Harwood Road-Muriel Bain Mr. Ventura seconded. Unanimously carried. WINCHESTER & POLLARD ROAD IMPROVEMENTS Mrs. Rasmussen moved to accept staff recommendation and approve the temporary median island to be constructed on Winchester Boulevard across Pollard Road. Also requests a staff report on striping and how it ties in with Knowles Drive. (This is in answer to a letter received by Mr. Ferrito from Terry Ellis). Mrs. Cannon seconded. Carried by a vote of four ayes. Mr. Ventura voting no. BIKE RACKS PROJECT 260 SS Town Engineer, Van Houten presented a priority list re installation of bike racks in Central Business District. There are 17 locations listed but asking Council to approve only the first 11. After some discussion, Council approved the priority list with modifications, Number 6 as listed be traded with 15 and 13 become number 7A. After further discussion, Mr. Siemens moved the first 11 items on priority list as modified be approved and authorize staff to proceed with final plans and specifications for the installation. The rest of the priority list to be considered under Capital Improvement 5 year plan and consideration be given to possibly installing bike racks at various Town Parks and the trail, Mr. Ferrito seconded. Unanimously carried. POLICE QUARTERLY REPORT Mrs. Rasmussen moved Council accept the quarterly report of the Police Department for the first quarter of 1982. Mr. Ventura seconded. Unanimously carried. RESOLUTION RE TRUCK ACCIDENTS Mrs. Rasmussen moved for adoption of Resolution No. 1982-81 entitled: A RESOLUTION EXPRESSING THE TOWN OF LOS GATOS' CONCERN OVER THE FREQUENCY OF MAJOR TRAFFIC ACCIDENTS IN THE AREA INVOLVING COMMERCIAL TRUCKS: EXPRESSING CONCERN OVER HAZARDOUS DRIVING PRACTICES OF TRUCKERS ON LOCAL HIGHWAY: AND SUPPORTING CURRENT EFFORTS TO ALLEVIATE PRESENT CONDITIONS. Mr. Ventura seconded. Unanimously carried. MINUTES Mrs. Rasmussen moved minutes of April 5, 1982 be approved as submitted. Mrs. Cannon seconded. Carried by a vote of four ayes. Mr. Siemens abstained as he had been absent from the meeting. WRITTEN COMMUNICATION (FOR ACTION) Letter from William H. Ott re the erosion of soil and the safety of Shannon Road. Mrs. Rasmussen moved Council accept staff recommendation and this letter be noted and filed. Mr. Ventura seconded. Unanimously carried. ABSENCE FROM PLANNING COMMISSION MEETING Mayor Siemens stated he had received a request from Dale Hill requesting Council to excuse her for her absence from Planning Commission: Mrs. Rasmussen moved request be granted. Mr. Ventura seconded. Unanimously carried. RECALL ELECTION CERTIFICATION Town Manager referred Council to Certification from Town Clerk on recall petitions and referred to his report re time schedule for setting the election. Council questioned the period of time in which they have to call and election. It was stated 14 days from date of receipt of certification. Mr. Ventura moved the scheduling of election date be continued to May 3rd, 1982. Mr. Ferrito seconded. Carried by a vote of three ayes. Mrs. Cannon and Mrs. Rasmussen voting no. Mr. Warren Bisbee, representative of Citizens for Responsive Government, spoke against delay of setting election date. Matter was continued to May 3rd, 1982. BANDOV APPEAL Mayor Siemens stated this was the time and place duly noted for continued hearing on the Bandov appeal. Discussion was held re continuance of the public hearing. Mr. Ferrito moved to continue until such time when the rezoning of this property can be held. Mr. Siemens seconded. Motion failed as Mrs. Cannon, Mrs. Rasmussen and Mr. Ventura voted no. Mr. Frank Lewis, representing Mr. Bandov, spoke on the project. He felt the only decision for Council to make is to hold the hearing and decide if they want four or five lot subdivisions. The property as it stands now is R-1:8. Mr. Sulich spoke on the proposed 5 lot subdivision and 4 lot subdivision, showing tentative plans. Gail Long, 15729 Kavin Lane, spoke on drainage problem in the area and wanted some assurance this would be taken care of. After further discussion and no one else wishing to speak on this issue, Mrs. Cannon moved hearing be closed. Mr. Ventura seconded. Unanimously carried. Mr. Wimberly, Engineer for Monte Sereno, spoke on the roadway as approved by Monte Sereno. Discussion was held on proposed roadway. Mrs. Cannon moved Council accept in concept the 4 lot subdivision as proposed with the road configuration as shown on the map and approved by Monte Sereno, and this be remanded to the Development and Review Committee with the minimum lot size 15,000. Mrs. Rasmussen seconded. Mr. Ventura moved for an amendment to the motion and moved that a letter be sent to the City of Monte Sereno requesting them to do something in conjunction with this subdivision and other property in the area concerning the drainage problem as reported. Mrs. Cannon accepted the amendment. Mrs. Rasmussen seconded. Carried by a vote of four ayes. Mr. Ferrito voting no. Mr. Ferrito opposed as it seems to him that the zoning should be conducted first, then the application and the appeal of denial of proposal. RECESS Mayor Siemens declared a recess. Meeting reconvened at 9:20 p.m. PEDICABS REGULATIONS Mayor Siemens stated this was the time and place duly published for public hearing on regulations of pedicabs. Sam Yablonsky spoke in opposition to pedicabs. There being no one else wishing to speak, Mayor Siemens declared the hearing closed. After some discussion on the use of pedicabs, Mrs. Rasmussen moved this be referred back to the Attorney for the drafting of an ordinance banning the use of pedicabs. Mr. Ventura seconded. Unanimously carried. PUSH CART REGULATIONS Mayor Siemens stated this was the time place duly published for public hearing for consideration on regulations of pushcarts. Sam Yablonsky spoke in favor of banning all pushcart vendors and spoke of violations of other ordinances by the vendors. Speaking in favor of pushcart vendors were Bob Foster of San Jose and Mike Martin, Ronald Cohan and Irvin Zidem owner's of pushcarts doing business in Los Gatos. Mr. Zide also presented Council with petition by 225 person in support of the vendors in Los Gatos. Mr. Ferrito asked why the Chamber of Commerce had not commented on this issue. Mrs. Judy Howell stated no one had asked or made any complaints to the Chamber but she would be glad to discuss the issue with the members. Mrs. Blake spoke on the size of vendor vehicles and asked if Council could possibly set some guidelines. After further discussion, Mr. Ferrito moved hearing be continued and direct Attorney to investigate ordinance from other cities re the pushcart regulations, ask Chamber for their recommendation and consider the regulation of size and number of carts allowed. Mrs. Rasmussen seconded. Unanimously carried. Mrs. Rasmussen moved hearing be continued to June 21, 1982. Mr. Ferrito seconded. Unanimously carried. MEETING CONTINUATION Mrs. Rasmussen moved that all items, after item 20 on the agenda agenda (Los Gatos Village Square appeal), be continued to 7:30 p.m., Tuesday, April 20, 1982. Mr. Ferrito seconded. Unanimously carried. LOS GATOS VILLAGE SQUARE Mayor Siemens stated this was the time and place duly published for public hearing on the appeal of Planning Commission's denial of Conditional Use Permit for Los Gatos Village Square. Mr. Jack Bariteau, representing the developer of Los Gatos Village Square, presented Council with copies of three letters favoring the project. Mr. Bariteau spoke of the development and the willingness to work with Council and Commission to complete this project. Discussion was held regarding the median strip and whether there should be a light installed. Dick Kellogg, architect for the project, spoke on the design of said project. Al Berger, owner of Burger Pit, stated he was greatly interested in access driveway to his business. Barbara Reed, Chamber of Commerce president, stated the Chamber wished to go on record in favor of said project. Others speaking in favor of the project were Howard Wanabe, Dee Craven, Marcie Burns and Frank Howell. After further discussion and no one else wished to speak, Mrs. Rasmussen moved hearing be closed. Mrs. Cannon seconded. Unanimously carried. Mr. Ventura moved that Council make the negative declaration and grant the use permit and appeal; refer plans back to DRC for them to consider the access, as illustrated on the main plan, with reverse driveway so that driveway would be aligned with McDonald's; this would include signalization; changing of landscape plan; require more planting of conifer trees along the frontage; that front central garbage dump be moved to northeast corner with the other garbage dump; reduce the building square footage to what was originally proposed. Mr. Siemens seconded but no one voted. Mrs. Cannon moved to amend the motion and retain the square footage as proposed. Mrs. Rasmussen seconded. Carried by a vote of three ayes. Mr. Ferrito and Mr. Ventura voting no. Mr. Ventura restated his original motion to make the negative declaration; grant the appeal and the use permit and refer the plans back to DRC as noted above and make findings as follows: 1. Planning did not consider the wishes of the residents of northeast Los Gatos who want shopping in that area. 2. Did not consider the need to expand the Town's tax base. 3. Overemphasized the impact of a proposed signal. 4. Overestimated the increase in traffic due to the proposed project. 5. Did not consider the run-down condition of the property and the necessity for improvements. Mrs. Rasmussen seconded. Unanimously carried. ADJOURNMENT Mayor declared the meeting adjourned at 11:50 p.m., to be continued to Tuesday, April 20, 1982 at 7:30 p.m.