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M 10-25-82TOWN COUNCIL MEETING OCTOBER 25, 1982 TOWN COUNCIL The Town Council of the Town of Los Gatos met in the Council Chambers of the Town Hall at 7:35 p.m., in regular session. ROLL CALL PRESENT: Ruth Cannon, Thomas J. Ferrito, Marlyn J. Rasmussen, Peter W. Siemens 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 the following: Council authorized the Planning Commission to proceed with the hearing on Toll House Issue and authorized the Town Attorney to seek a stay on the permit, due to appeal of the Supreme Court by the Save Downtown Los Gatos Committee. Vote on said action was three to two. Authorized the Town Attorney to initiate litigation regarding rent mediation Ordinance against Kellar. Vote on this was five to zero. Authorized the Town Attorney to prosecute in the Miller case. Carried by a vote of five to zero. Authorized the Town Attorney to enjoin the illegal bar operation at Upperty's. Carried by a vote of five to zero. Discussed O.L. Johns case, Cosentino case, Hannegan's and Villa Vasona. APPOINTMENT CULTURAL RESOURCE COMMISSION Jeanne Partridge and Mickie Benson were nominated for the vacancy on said commission. Mickie Benson received the majority vote of Council. Mayor Ventura congratulated Mickie Benson on her appointment to the Commission. BID AWARD CYPRESS WAY SLIDE REPAIR Mrs. Cannon moved to accept staff recommendation and award the bid for repairs to Cypress Way project to Wattis Construction Company, in the amount of $27,416.30, and appropriate $28,000.00, from the General Fund Appropriate Reserve (low bid plus approximately 5% contingencies) for the work. Mr. Siemens seconded. Carried unanimously. BID AWARD POLICE PATROL VEHICLE Mrs. Rasmussen moved to accept staff recommendation and award the bid for a new 1982 four door sedan for police patrol use to Ron Baker Chevrolet based on their bid of $8,996.53. The low bidder on said vehicle did not meet the specifications. Mrs. Cannon seconded. Carried by a vote of four ayes. Mr. Siemens voting no. WRITTEN COMMUNICATIONS (for referral file) Letter from PG&E giving notice that application had been filed with the Public Utilities Commission requesting to decrease electric rates. Note and file. Letter from the Community Services and Development Commission regarding the Child Care Status Report. Information only. Note and file. COUNTY REFERRALS Mrs. Rasmussen moved to accept staff recommendation on the following: 1752-35-36-828 Loma Prieta Ablamis Single family dwelling No comment. 1671-27-43-82B-82G Brush Road JML Const. Grading permit for single family dwelling No comment. 1374-30-52-81P Englewood Ave. Beadle -cs Use permit for single family dwelling Town's appeal to supervisors continued from 10-5-82 to 1-11-83. Mrs. Cannon seconded. Unanimously carried. SCHEDULE OF HEARINGS Information for Council. ABC LICENSE 15200 LOS GATOS BOULEVARD Planning Director, Lee Bowman, reported to Council that no approval if required from his office for such license as the previous restaurant was licensed in the same manner and had informed The Flames Coffee Shop that it is a nonconforming use and application for approval of a Conditional Use Permit would be necessary to remove the nonconforming status. REROOFING SERVICE CENTER Mrs. Rasmussen moved for adoption of Resolution No. 1982-188 entitled, RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS TO APPROVE PLANS AND SPECIFICATIONS TO REROOF SERVICE CENTER BUILDING. Mrs. Cannon seconded. Unanimously carried. VILLA AVENUE STREET VACATION Mrs. Rasmussen moved for adoption of Resolution No. 1982-189 entitled, A RESOLUTION OF INTENTION TO VACATE EXCESS PORTION OF A PUBLIC THOROUGHFARE (VILLA AVENUE) FOR PUBLIC ROAD PURPOSES; direct the Town Clerk to advertise the notice of hearing; refer the matter to the Planning Commission for determination that the proposed vacation is not contrary to the General Plan; approve the staff recommendation concerning valuation and charge only the $200.00 processing fee for vacation of the land. Mrs. Cannon seconded. Unanimously carried. ANDREWS STREET TRAFFIC DIVERTERS Mrs. Rasmussen moved for adoption of Resolution No. 1982-190 entitled, A RESOLUTION IMPLEMENTING THE SAN BENITO AVENUE AND ANDREWS STREET TRAFFIC DIVERTER PLAN. Mrs. Cannon seconded. Unanimously carried. TRAFFIC SIGNAL MAINTENANCE AGREEMENT Mrs. Rasmussen moved for adoption of Resolution No. 1982-191, entitled, A RESOLUTION APPROVING TRAFFIC SIGNAL MAINTENANCE REVISED AGREEMENT, for maintenance of the Town's traffic signals and authorize the Mayor to execute said agreement on behalf of the Town. Mrs. Cannon seconded. Unanimously carried. POLICE ACTIVITY REPORT Mrs. Rasmussen moved Council accept the Police Activity Report for the third quarter of 1982. Mrs. Cannon seconded. Carried unanimously. ANNEXATION AGREEMENT-MORRIS Mrs. Rasmussen moved for adoption of Resolution No. 1982-192 entitled, RESOLUTION AUTHORIZING THE EXECUTION OF AN ANNEXATION AGREEMENT and authorize the Mayor to execute said agreement with MacLyn and Mildred Morris on behalf of the Town. Mrs. Cannon seconded. Unanimously carried. AMENDMENT OF FEDERAL REVENUE SHARING AGREEMENT WITH ART DOCENTS Mrs. Rasmussen moved for adoption of Resolution No. 1982-193 entitled, A RESOLUTION AMENDING THE AGREEMENT FOR FY 1982-83 FEDERAL REVENUE-SHARING FUNDS BETWEEN THE TOWN AND ART DOCENTS OF LOS GATOS, INC. Mrs. Cannon seconded. Carried by a vote of four ayes. Mr. Ferrito abstained. MINUTES The following corrections were made to the minutes of October 4th, 1982: Page 6, subject, GENERAL PLAN AMENDMENT, item (b). Instead of no action taken should read "Planning Commission recommended mixed uses and Council rejected said recommendation". Item (c), instead of no action taken should read, "Planning Commission recommended against making changes in the parking requirements and Council concurred". Page 6, subject, SAN BENITO AVENUE STREET DIVERTERS, "Mr. Siemens moved to amend the motion to use wooden planter boxes as a diverter and increase the supplemental appropriation from $1,500.00 to $2,500.00". Page 7, subject, ELLENWOOD AVENUE BARRICADE. Second sentence should read, "Authorize staff to do the additional work requested upon receipt of a payment by the property owner's for the cost of materials". Mrs. Rasmussen moved minutes of October 4, 1982 be approved as corrected. Mrs. Cannon seconded. Unanimously carried. WRITTEN COMMUNICATIONS (for action) Letter from C.F. Weber regarding the Lark Avenue and Los Gatos Boulevard signals and signs. The Town Manager stated that the yield sign facing southbound traffic on Los Gatos Boulevard has been removed and that other changes are proper and will be retained. Mr. Weber sill be so advised. After some discussion, Mayor Ventura asked staff for a report back on this matter in four to six months. Letter from Jim Lewis requesting additional HCDA funds for handicapped access on school district property. Mr. Lewis referred to his letter and spoke on what the HCDS funds could be used for. He spoke on the unaccessibility of various classrooms and other facilities of the Los Gatos High School and that is why he is requesting these funds. Michael Gallagher, Los Gatos High School student, also spoke as to the needs for handicapped access to various school facilities. The Town Manager stated hearings have been scheduled on November 1st and 15th, for uses of HCD Funds. Discussion was held and Mr. Siemens moved staff to contact the School District, advising them of the Town's concerns and the method in which the School District could apply for funds. Town staff to furnish Council with priority list for the HCDA contingency at a later date. Mrs. Rasmussen seconded. Carried unanimously. FINANCIAL STATEMENT FOR SEPTEMBER Mrs. Rasmussen moved Council accept financial statements for the month of September, 1982 from the Office of Town Clerk. Mrs. Cannon seconded. Unanimously carried. SEPTEMBER TREASURER'S REPORT Mrs. Rasmussen moved to accept the Town Treasurer's report for the month of September, 1982. Mr. Ventura seconded. Carried unanimously. DOWNTOWN SPECIFIC PLAN Mayor Ventura stated this was the time and place duly noted for continued public hearing to consider the Planning Commission's decision regarding amendments to the maps of the land use portion of the Downtown Specific Plan, which is part of the General Plan of the Town of Los Gatos and zone change consideration of approximately 44 parcels in the Downtown area to bring the zone in conformance with amendments to the adopted Downtown Specific Plan. No one in the audience wished to speak on this issue. Mr. Siemens moved hearing be closed. Mrs. Cannon seconded. Carried unanimously. Mr. Ferrito moved for adoption of Resolution No. 1982-197 entitled, RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AMENDING THE LOS GATOS DOWNTOWN SPECIFIC PLAN. Mr. Siemens seconded. Carried unanimously. Mr. Ferrito moved reading be waived for AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONING ORDINANCE EFFECTING ZONE CHANGE NO. TO BRING THE ZONES IN CONFORMENCE WITH THE ADOPTED DOWNTOWN SPECIFIC PLAN--PHASE 11. Mrs. Rasmussen seconded. Unanimously carried. Mr. Ferrito moved Ordinance be introduced. Mr. Siemens seconded. Carried unanimously. Staff to report back to Council regarding the three assessments in Parking Assessment District 2-A. APPEAL-GUM TREE LANE Mayor Ventura stated this was the time and place duly noted for continued public hearing on the Planning Commission's denial of tentative subdivision for the Angell property located on Gum Tree Lane. Mrs. Patricia Ness, 15700 Gum Tree Lane and Mrs. Quint , 15775 Gum Tree Lane, spoke in opposition to the subdivision and asked the Council to uphold Planning Commission's action. No one else wished to speak on this issue, Mrs. Rasmussen moved hearing be closed. Mr. Ventura seconded. Carried unanimously. Mrs. Rasmussen moved Council deny the appeal with findings that the findings of the Planning Commission were correct. Mr. Ferrito seconded. Unanimously carried. The Town Attorney to prepare the necessary Resolution for presentation to the Council at the next meeting. STOP SIGNS-TAIT AVENUE Mayor Ventura stated this was the time and place duly published for public hearing concerning traffic regulations and installation of additional stop signs on Tait Avenue. Gene Westphalen, Bob Holden, Steven Zeintek, Bob Cownan and S. Lawrence all spoke in favor of installation of additional stop signs. The Town Clerk read letter from Alice Burrows opposing said sign installation. No one else wished to speak on this issue, Mrs. Rasmussen moved hearing be closed. Mr. Ferrito seconded. Unanimously carried. After further discussion, Mr. Ferrito moved staff be authorized to prepare resolution designating the placement of stop signs at Almendra, Nicholson, Bean and Bachman. Map be prepared of the area showing the signs and red curb corners for better visibility. Mr. Ventura seconded. Unanimously carried. APPEAL 133 N. SANTA CRUZ AVENUE HANDICAPPED ACCESS Mayor Ventura stated this was the time and place duly published for public hearing to consider the appeal of Building Official's decision requiring building modification for handicapped access at 133 N. Santa Cruz Avenue. Roger Brunello, appellant, spoke in opposition to the requirements as this added cost would be a hardship. Mr. Brunello stated there was handicapped parking in the rear of the building and also provision for handicapped entry through the rear of the building. Ken Albert, Architect for the project, also spoke on the ability for the handicapped to have entry through the rear door. Jim Lewis, also spoke on this issue. After further discussion, Mrs. Rasmussen moved public hearing be closed. Mrs. Cannon seconded. Carried unanimously. Mayor Ventura moved to deny the appeal and grant the appellant one year to comply with the handicapped regulations. Mrs. Rasmussen seconded. Unanimously carried. The Town Attorney to prepare necessary Resolution and present to Council at the next meeting. APPEAL-LOS GATOS DATSUN VOLVO Mr. Ferrito moved for adoption of Resolution No. 1982-194 entitled, RESOLUTION DENYING APPEAL AND AFFIRMING DECISION OF PLANNING COMMISSION AS MODIFIED. Mr. Ventura seconded. Unanimously carried. RECESS Mayor Ventura declared a recess. Meeting reconvened at 10:20 p.m. APPEAL 15861 WINCHESTER BOULEVARD McCLEVE Continued to November 15, 1982, by request of appellant. VILLA VASONA AGREEMENT The Town Manager reported ont the total amount that the Town paid for land, for said project and should be noted in Sec. B-7 of the Agreement for Disposition. Mrs. Rasmussen moved for adoption of the amended Resolution No. 1982-195 entitled, RESOLUTION AUTHORIZING MAYOR TO EXECUTE AGREEMENTS REGARDING VILLA VASONA PROJECT. Mrs. Cannon seconded. Carried unanimously. SUNDAY PARKING BAN-N. SANTA CRUZ AVENUE Mayor Ventura moved to adopt Resolution No. 1982-196 entitled, PARKING RESTRICTION NORTH SANTA CRUZ AVENUE (rescinds previous Resolution). Mrs. Rasmussen seconded. Carried unanimously. ZONING ORDINANCE AMENDMENT Mayor Ventura moved for adoption of Ordinance No. 155 entitled, AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONING ORDINANCE ADDING NON- PROFIT YOUTH GROUPS TO THE RC ZONE. Mr. Siemens seconded. Carried by a vote of four ayes. Mrs. Rasmussen abstained. ESTABLISHING PROCEDURES FOR APPEAL OF LDG. OFFICIALS DECISION Mayor Ventura moved for adoption of Ordinance No. 1556 entitled, AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE TOWN CODE CONCERNING THE APPEAL OF BUILDING OFFICIAL ACTION. Mrs. Rasmussen seconded. Carried unanimously. INFORMATION AND REFERRAL MEDIATION CONTRACT RENEWAL Mr. Siemens moved to accept staff recommendation and authorize the Town Manager to negotiate an agreement with Information and Referral Services, Inc., to continue the operation of the Los Gatos Rental Dispute Service. The terms of the agreement to be from November 1, 1982 to June 30, 1983, to align the contract with the Town's fiscal year. Mrs. Rasmussen seconded. Unanimously carried. COSENTINO DRAINAGE PROBLEM This matter was continued to November 1, 1982. STUDENT MEMBER PARK COMMISSION Mrs. Rasmussen moved to appoint Andrew J. Getzoff as the student member of the Los Gatos Park Commission to fill the unexpired term of Marsha Ingleston. Mr. Siemens seconded. Carried unanimously. PROPOSITION 11 Mr. Siemens moved Council go on record in support of Proposition 11. Mayor Ventura seconded. Carried by a vote of three ayes. Mrs. Cannon abstained and Mrs. Rasmussen voting no. PROPOSITION 13 Mr. Siemens moved Council go on record in support of Proposition 13. Mayor Ventura seconded. Carried by a vote of four ayes. Mrs. Rasmussen voting no. ADJOURNMENT Mrs. Rasmussen moved meeting be adjourned at 10:55 p.m. Mr. Ferrito seconded. Carried unanimously.