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M 10-24-83TOWN OF LOS GATOS TOWN COUNCIL MEETING OCTOBER 24, 1983 TOWN COUNCIL The Town Council of the Town of Los Gatos met in the Council Chambers of the Town Hall at 7:17 p.m., in continued regular session. ROLL CALL PRESENT: Joanne Benjamin, Eric Carlson, Terrence J. Daily, Thomas J. Ferrito and ABSENT Mayor Brent N. Ventura USE OF TOWN FACILITIES Discussion was held regarding use of Town property by various organizations. It was suggested Council may want to set up some procedures and guidelines for giving approval of requests for use of Town property. The Town Attorney to review and report to Council at a later date on possible regulations. APPEAL-232 MASSOL AVENUE-PATTERSON Mr. Daily moved for adoption of Resolution No. 1983-215 entitled, RESOLUTION DENYING APPEAL FROM PLANNING COMMISSION (232 Massol Avenue, Ernest Patterson). Mr. Ferrito seconded. Carried by vote of tow ayes. Mrs. Benjamin voted no. Mr. Carlson abstained. APPEAL WESTERNER PRE-SCHOOL Mrs. Benjamin moved for adoption of Resolution No. 1983-216 entitled, RESOLUTION MODIFYING DECISION OF PLANNING COMMISSION AND OTHERWISE DENYING APPEAL (219 Los Gatos-Almaden Blvd., Westerner Pre-School). Mr. Daily seconded. Carried by a vote of three ayes. Mr. Carlson abstained. CLAIM FOR DAMAGE Mrs. Benjamin moved to accept staff recommendation and claim for damages filed on behalf of Ralph D. Stoddard, be denied. Mr. Carlson seconded. Carried unanimously. Mrs. Benjamin moved to accept staff recommendation and claim for damages filed on behalf of the Industrial Indemnity Co. (regarding Barnhart accident), be denied. Mr. Carlson seconded. Carried unanimously. Mrs. Benjamin moved to accept staff recommendation and claim for damages filed on behalf of Patricia O'Hanneson, be denied. Mr. Daily asked to amend motion to request a report from the Town Attorney and staff for discussion in Executive Session. Mrs. Benjamin accepted the amendment. Mr. Daily seconded. Carried unanimously. ZONING ORDINANCE AMENDMENT-RULES FOR CLUBS, LODGES, HALLS & FRATERNAL ORGANIZATION Lee Bowman, Planning Director, gave a summary on activity of the continuation of this ordinance. He stated this ordinance was introduced on June 20, 1983, and adoption of said ordinance was continued as Council thought an amendment to the -ps zone (Public School Overlay) might be substituted for this ordinance. Now it has been determined that amending the -ps zone would not solve the problem addressed by this ordinance and would, in fact, create new problems. After further discussion, Mrs. Benjamin moved for the adoption of Ordinance No. 1596 entitled, ORDINANCE AMENDING THE ZONING ORDINANCE AMENDING THE RULES FOR CLUBS, LODGES, HALLS AND FRATERNAL ORGANIZATIONS. Mr. Daily seconded. Carried unanimously. BUSINESS LICENSE TAX AMENDMENT Mr. Mora, Town Manager, presented report to Town Council regarding necessity for increase of business license tax, due to cut in State sub-ventions at this time and feels these monies will not be reinstated. Therefore, to keep up the Town's service levels there is a need to increase business licenses. He reported there has been no increase in said fees since 1978 and he has met with representatives of the Chamber regarding some specific recommendations and referred to five specific changes being proposed. 1. A revision of gross receipts on retail sales to provide a minimum tax of $50.00 and a maximum tax tied to a percentage of gross receipts from retail sales. 2. The base fee for Professionals would be raised from the current $70.00 to $100.00. 3. A revision of gross receipts for Manufacturing be amended to provide a minimum payment of $10.00 rather than the current $50.00. The top of the schedule would be amended so that a percentage would be paid of the total receipts. 4. The Town would actively enforce all provisions of the Business Tax Ordinance by utilizing existing resources to perform audits of organizations where there is some question of the payment made and follow-up of other categories of businesses using resources such as the Chamber of Commerce, professional associations and similar resources. 5. Provide a business license surcharge for food serving and liquor serving establishments in the CBD. The recommended surcharge is 50%. It was noted that the Chamber of Commerce does not feel that recommendation No. 5 is warranted. The Town Manager stated what he is requesting is a conceptual approval of the designated five changes to the Ordinance could be drafted. After further discussion on this issue, Mr. Carlson moved to approve in concept with No. 5 issue being restricted for only those establishments serving liquor. This would exclude those serving food only, bakeries, etc. Mrs. Benjamin seconded with amendment to the motion to include that in alcohol serving establishments, surcharges may be pro-rated according to number of seats. Mr. Carlson accepted amendment and wanted to add to his motion that should make sure manufacture's and professionals are paying their fair share in terms of their contributions to services. Mrs. Benjamin accepted the amendment. Barbara Withelder, 408 N. Santa Cruz Avenue, spoke in opposition of the surcharge tax. Vote on the motion was carried by three ayes. Mr. Ferrito abstained and wishes minutes to reflect his reason. Mr. Ferrito stated, as a professional with an office in Los Gatos, he would be affected by the proposed fee schedule and therefore he felt it appropriate to abstain.. APPOINTMENTS-RENT ADVISORY COMMITTEE Mr. Daily moved to accept staff recommendation and approve the current process used by the Rent Advisory Committee in choosing representatives by allowing the owners and tenants to recruit new members. Mr. Carlson seconded. Carried unanimously. CUSTODIAL FEES NEIGHBORHOOD CENTER Mrs. Benjamin moved to accept staff report and recommendation to approve the use of an outside maintenance firm to clean the Neighborhood Center on "as needed" basis. Instigate a $50.00 non-refundable private party fee and a $10.00 non-refundable non-profit agency fee (when use fees are charged). These amounts to be withheld from the security deposit. Mr. Carlson seconded. Carried unanimously. HEARST CABLEVISION 6 MONTH CERTIFICATE OF IMPROVEMENTS Mrs. Benjamin moved for the adoption of Resolution No. 1983-217 entitled, A RESOLUTION AUTHORIZING THE TOWN MANAGER TO NEGOTIATE AND EXECUTE A LETTER AGREEMENT WITH PAUL MONACO OF HAMMETT & EDISON, INC. (to provide an assessment of Hearst Cablevision Certificate of improvement). The cost of audit to be borne by Hearst Cablevision. Mr. Carlson seconded. Carried unanimously. PERIPHERAL CANAL ISSUE The Town Manager informed Council this is additional information they had requested from the Santa Clara Valley Water District, regarding Water Policy issue. No action taken. CEQA GUIDELINES Less Bowman spoke on changes of State guidelines and need for change in Town's procedures to bring Town to date. After some discussion, Mrs. Benjamin moved for adoption of Resolution No. 1983-218 entitled, RESOLUTION ADOPTING ENVIRONMENTAL REVIEW PROCEDURES. Mr. Carlson seconded. Carried unanimously. LOS GATOS HERITAGE PRESERVATION SOCIETY Vice-Mayor Ferrito stated the Los Gatos Heritage Preservation Society requested an amendment to the Landmark and Preservation Overlay Zoning Ordinance to establish a commission to review potential historic landmarks and Planning Commission has recommended this. Discussion was held on whether there is need for such a commission. After further discussion, Mr. Carlson moved that Planning should establish a sub-committee which could include one or two Planning Commissioners and several members of the public to give input to the commission. But, can see no need for establishing a new commission. Mrs. Benjamin seconded. Carried by three ayes. Mr. Daily voting no. SMOKE DETECTOR ORDINANCE Speaking on the need for requiring the installation of smoke detectors in homes were Cathy Klein, 90 Hollywood Avenue and Carol Connors, of the Saratoga-Los Gatos Board of Realtors. After further discussion, Mr. Carlson moved that Council refer the proposed Smoke detector Ordinance requiring the installation and maintenance of smoke detectors in all single family dwellings, mobilehomes, multiple-family dwellings and every sleeping room in a residential care home, hotel or lodging house to the Town Attorney, the Chief Building Inspector, the Planning Director and Central Fire District for final review. Mrs. Benjamin seconded. Carried unanimously. HARWOOD ROAD SIDEWALK IMPROVEMENTS Mr. Carlson referred to communication he had received from Mr. Rex Burbank requesting that Council pursue the matter of installation of sidewalks from Belridge to Belvale on the east side of Harwood and from Gemini to Blossom Hill Road and requested this be considered in the capital budget. CONTINUATION OF AGENDA ITEMS Due to previous scheduled joint meeting with the Parks Commission it was consensus of Council to continue the remaining agenda items to November 7, 1983. They are as follows: Traffic Striping modifications of Blossom Hill Road and Cherryblossom Lane. Emergency Access Roads Saratoga Avenue Landscaping Moody Gulch Logging ADJOURNMENT Mrs. Benjamin moved meeting be adjourned at 8:15 p.m. to a joint study session of the Town Council and the Parks Commission to be held in the Neighborhood Center. Mr. Carlson seconded. Carried unanimously.