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M 05-02-83TOWN COUNCIL MAY 2, 1983 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. Meeting started late due to Council holding interviews of applicants for the Cultural Resources Commission and the Personnel Board. ROLL CALL PRESENT: Joanne Benjamin, Terrence J. Daily, Thomas J. Ferrito, Marlyn J. Rasmussen and Mayor Brent N. Ventura. ABSENT: None PLEDGE OF ALLEGIANCE Given by all in attendance. CLOSED SESSION REPORTS Mayor Ventura stated a Closed Session was held after the close of the April 18, 1983 meeting and land acquisition was discussed. Prior to tonight's Council meeting the following issues were discussed in Closed Session: Toll House litigation, Novitiate litigation, claim of J. Moulton and a personnel matter. PRESENTATION Due to absence of Marilyn O'Toole, presentation was not made. APPOINTMENTS Mayor Ventura stated there is one vacancy on the Cultural Resources Commission, for which Mr. John Finsand has applied and one vacancy on the Personnel Board, for which Donald B. Fitzgerald has applied. Interviews were held prior to the Council meeting. Mrs. Benjamin moved for the appointment of John Finsand to the Cultural Resources Commission and Donald B. Fitzgerald to the Personnel Board. Mrs. Rasmussen seconded. Carried unanimously. ADDED AGENDA ITEMS Mayor Ventura moved to add item 39-Soil Tests for Oak Meadow Park and item 40=Rain Gauge Relocation. Mrs. Rasmussen seconded. Carried unanimously. WRITTEN COMMUNICATIONS (for referral/file) a. Letter from Stephen Dunn regarding Town owned parcel at southwest corner of Albert Drive and Calfhill Court. Mr. Dunn spoke on issues he had referred to in his letter, stating the lot had been cleaned up promptly by the Town and wished to commend them. But questioned what could be done so people would not use the property for a dump. After some discussion, Mr. Ferrito moved to refer this to staff for follow-up and report back. With report to Mr. Dunn at the same time. Mr. Daily seconded. Carried unanimously. b. Letter from MacDowell, Gustafson, Laub, Trenholme, Dudley and Hayes regarding Orchard Street Improvements. Mrs. Benjamin moved to accept staff recommendation and this be considered at budget hearing in June. Mrs. Rasmussen seconded. Carried unanimously. c. Letter from Cultural Resources Commission requesting funding. Mrs. Benjamin moved this be held and considered at budget hearings in June, and refer to CSDC for possible revenue-sharing funding. Mrs. Rasmussen seconded. Carried unanimously. d. Letter from the Rent Advisory Committee recommending amendments toe the Rental Mediation Ordinance. Mr. Ferrito moved this be referred to staff for a report at the meeting of May 16, 1983. Town Attorney to draft amendment to the Ordinance for Council consideration. Mr. Daily seconded. Carried by a vote of four ayes. Mrs. Rasmussen voting no. MEMORIAL LIBRARY DAY Mrs. Benjamin moved for adoption of Resolution No. 1983-78 entitled, A RESOLUTION DESIGNATING FRIENDS OF THE LOS GATOS MEMORIAL LIBRARY DAY, (May 21, 1983, date designated). Mrs. Rasmussen seconded. Carried unanimously. VASONA MEAT MARKET - ABC APPLICATION Informational report to Council on application of Andrew Valhov for Conditional Use Permit Application, for sale of beet and wine at Vasona Meat Market located at 14107 Winchester Boulevard. This is scheduled for hearing by the Planning Commission on May 25, 1983. SCHEDULE OF PUBLIC HEARINGS Information for Council. POLICE ACTIVITY REPORT Mrs. Benjamin moved Council accept the first quarter, 1983 Police Activity Report. Mrs. Rasmussen seconded. Carried unanimously. PLANNING REPORT Mrs. Benjamin moved Council accept the Planning Departments monthly report for May, 1983. Mrs. Rasmussen seconded. Carried unanimously. SAN JOSE REFERRAL USE OF CAMBRIAN GOLF COURSE-PROPOSED INDUSTRIAL PARK Mrs. Benjamin moved Council accept report and recommendation for opposition to City of San Jose EIR pertaining to proposed industrial park on the Cambrian Golf Course property at Branham and Union. Planning Director to draft a letter for Mayor's signature. Mrs. Rasmussen seconded. Carried unanimously. COUNTY REFERRALS Mrs. Benjamin moved to accept staff recommendation on County Referrals as follows: 1882-29-40-83V Melody Lane Judy Accessory structure in front-yard No comment. 1881-27-41-83RA Mountain View Ct. Raiche Reversion to acreage No comment. 1884-24-43-83P Summit Road Holmes Single family dwelling No comment. 1886-26-46-83B-83G Bear Creek Rd. Rhodes Single Family dwelling No comment. 1840-34-50-83G Deer Park Ct. Starrett Resubmittal of grading plan Staff feels revise plans could be better and further conditions should be placed on this project. 1374-30-52-81B-81P Englewood Ave. Beadle -cs Use Permit Town's appeal to Board of Supervisors continued to 6/14/83. Mrs. Rasmussen seconded. Carried unanimously. SEAL COATING CONTRACT WITH COUNTY Discussion was held on cost of work and whether it would be cheaper for Town maintenance to perform the work. It was consensus of Council this agenda item be held until May 16, 1983, meeting and staff prepare report regarding costs. NOTICE OF COMPLETIONS Mrs. Benjamin moved Council approve and authorize the Mayor to execute Certificates of Acceptance and Notice of Completion on the following: Faber Doetsch - 14125 Capri Drive William Cranston - 16461 S. Kennedy Road Jack Austin - 981-983 University Ave. (University avenue Complex) Norman Stout - 17267 Verdes Robles Harry Folberg - 16505, 16515 & 16419 S. Kennedy Road. Mrs. Rasmussen seconded. Carried unanimously. AWARDING SALE OF BONDS-BONNIE LANE ASSESSMENT DISTRICT 83-1 The Town Manager stated this item will be continued to May 16, 1983, at the request of the Town Treasurer. PARKING PROHIBITION-GARDEN HILL DRIVE Mrs. Benjamin moved for adoption of Resolution No. 1983-79 entitled, PARKING PROHIBITION-GARDEN HILL DRIVE (Prohibits parking along Garden Hill Drive north of the Vasona Park entrance gate). Mrs. Rasmussen seconded. Carried unanimously. FINAL MAP TRACT 7416 (NATIONAL AVE) Mrs. Benjamin moved for adoption of Resolution No 1983-80 entitled, RESOLUTION APPROVING AND ACCEPTING FINAL MAP OF TRACT NO 7416. Mrs. Rasmussen seconded. Carried by a vote of four ayes. Mr. Daily voting no. FINAL MAP TRACT 7416 (NATIONAL AVE) (CONTINUED) Mrs. Benjamin moved for adoption of Resolution No. 1983-81 entitled, RESOLUTION AUTHORIZING CONTRACT FOR THE IMPROVEMENT OF TRACT NO 7416 (14911 nATIONAL avenue). Mrs. Rasmussen seconded. Carried by a vote of four ayes. Mr. Daily voting no. CONTRACT FOR RECRUITMENT OF TOWN ATTORNEY Mrs. Benjamin moved for adoption of Resolution No. 1983-82 entitled, A RESOLUTION AUTHORIZING THE TOWN MANAGER TO EXECUTE AN AGREEMENT BETWEEN THE TOWN OF LOS GATOS AND HUGHES, HEISS & ASSOCIATES, (for recruitment of Town Attorney) and approve a transfer of $8,500 from contingency to General Town Administration. Mrs. Rasmussen seconded. Carried unanimously. DISABILITY DETERMINATION-C. YOUNG Mrs. Benjamin moved for adoption of Resolution No. 1983-83 entitled, RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DETERMINING THE DISABILITY OF CLARENCE W. YOUNG. Mrs. Rasmussen seconded. Carried unanimously. COUNTY'S URBAN DEVELOPMENT POLICY Mrs. Benjamin moved to accept staff recommendation and refer the County report to staff for further study and preparation of a position for the Council. Mrs. Rasmussen seconded. Carried unanimously. BERRY SCHOOL APPRAISAL Mrs. Rasmussen moved Council authorize the transfer of $2,000 from the current years, Contingency Fund to General Town Administration for payment to Desmond Johnson, Inc., real estate appraisers, for an appraisal of the Berry School property. Mrs. Benjamin seconded. Carried unanimously. REPAIR-WOODED VIEW DRIVE Mrs. Benjamin moved for approval of transfer of $2,500, from Contingency to Public Works Engineering for the soils analysis of Wooded View Drive. Sils report to be received by May 16, 1983. Mrs. Rasmussen seconded. Carried unanimously. UNIFORM FIRE CODE OF 1982 Mrs. Benjamin moved Council set June 6, 1983, as the time and place for public hearing to consider discussion of an ordinance to adopt the 1982 Uniform Fire Code. Mrs. Benjamin seconded. Carried unanimously. MANAGEMENT CLASSIFICATION CHANGES Mr. Daily moved Council adopt Resolution No. 1983-84 entitled, A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS APPROVING REVISED JOB CLASSIFICATION DESCRIPTIONS FOR MANAGEMENT POSITIONS. Mrs. Rasmussen seconded. Carried by a vote of four ayes. Mr. Ferrito voting no. MINUTES Mr. Ferrito moved for approval of the minutes of April 18, 1983 as amended. Mrs. Benjamin seconded. Carried by a vote of four ayes. Mrs. Rasmussen abstained. WRITTEN COMMUNICATIONS (for action) a. Letter from the Los Gatos Athletic Association, inc., requesting permission to hold their annual Dammit Run on Saturday August 27, 1983. Mrs. Benjamin moved Council accept staff recommendation and approve request subject to the following conditions; "That the race course be surveyed for storm damage by representatives from the Athletic Association and the Park Department. Necessary repairs will be inspected and approved by the Director of Maintenance Services." Mrs. Rasmussen seconded. Carried unanimously. b. Letter from Los Gatos Club requesting approval to hold their ninth annual Cat's Hill Bicycles Race. Mrs. Benjamin moved request be granted. The race will be held on Sunday May 15, 1983. Mr. Daily seconded. Carried Unanimously. It was noted that any cost incurred by the Town will be paid by he Bicycle Club and there would be twelve Police Explorer Scouts from Post 504. assisting with general traffic and crowd control. It was consensus of Council that a Resolution of Commendation should be prepared for the Explorer Scouts Post 504 for their services to the Town and community. c. Letter from Jeanette Johns, requesting the closure of Broadway on May 22, 1983, for the celebration of the 100th anniversary of Broadway. Mrs. Rasmussen moved request be granted for the street closure between 3:00 p.m. and 6:00 p.m. on Sunday, May 22, 1983. Mr. Daily seconded. Carried unanimously. d. Letter from Lion's Club requesting the use of Oak Meadow park on Sunday, August 28, 1983, to conduct their annual Lions Club Barbecue. Mrs. Rasmussen moved approval of request subject to the following conditions: The Lion's Club should be required to coordinate activities and meet established standards recommended by the Police and Park Departments. Full cost recovery for staff services provided should also be required. <r. Daily seconded. Carried unanimously. e. Letter from the Fiesta de Los Gatos Committee requesting use of the Civic Center for the two day Fiesta de Los Gatos celebration to be held August 27th and 28th. Also, requesting the waiver of fees for the use of the Neighborhood Center. Mrs. Rasmussen moved the request be granted. Motion died for lack of second. Mrs. Benjamin moved Council approve the request for use of the Civic Center grounds and facilities. Mr. Ferrito seconded. Carried by a vote of four ayes. Mr. Daily abstained. Jeff Fischer, Chairman of Fiesta de Los Gatos, spoke on the use of the Neighborhood Center and request for waiver of fees for one day use. After further discussion and based on other organizations being granted a waiver, Mrs. Benjamin moved fees for use of Neighborhood Center be waived. Mrs. Rasmussen seconded. Carried by a vote of four ayes. Mr. Daily abstained. It was consensus of Council that each year, at budget hearings, Council must reaffirm their policy regarding cost recovery for use of Neighborhood Center. APRIL PAYROLL Mrs. Rasmussen moved the payroll for the month of April be approved. Mr. Daily seconded. Carried unanimously. SAN BENITO/ANDREWS TRAFFIC IMPROVEMENTS Mayor Ventura stated this was the time and place duly published for public hearing to consider the traffic improvements in this area. The Town Manager summarized the action that has been taken to date and stated some of the objections to alternate plan #4, which is being implemented. Since the decision to install alternate #4 was made at a public hearing, Council was reluctant to make any changes without holding a new public hearing. Mrs. Benjamin moved that tonight's hearing focus specifically on Montgomery Street. Mr. Daily seconded. Carried by a vote of three ayes, Mr. Ferrito and Mayor Ventura voting no. Speaking on the issue were John Eastman, J. James, Nancy Romano, Dale Evans, Dr. Lipton, Dr. Mass, Larry Pegram and Linda Evans. Discussion was held on Montgomery Street being designated one-way northbound and the concerns of lack of control at intersection of Rose Avenue and Andrews Street. Drs. Lipton and Mass stated they had never received any previous notices regarding hearings held and feel they should have some input as their businesses are on Monterey Avenue. No one else wished to speak on this issue, Mrs. Rasmussen moved hearing be closed. Mrs. Benjamin seconded. Carried unanimously. Mrs. Rasmussen moved to direct staff to modify alternate #4, making Montgomery Street one-way northbound and prohibit left turns from Saratoga Avenue eastbound to Montgomery northbound. If Caltrans will not approve this, staff should notify Council immediately so a public hearing can be set for discussion on another modification to the plan. Notifying will be done to all persons involved. Mr. Daily seconded. Carried unanimously. APPEAL-CONDITIONS SWANSON IZUSU-15367 LOS GATOS BOULEVARD Mayor Ventura stated this was the time and place duly published for public hearing to appeal the decision of the Planning Commission's placing certain conditions on the approval of Conditional Use Permit applications U-18-7A and architecture and Site application S-81-9A at property located at 15367 Los Gatos Boulevard. Mr. Peterson, appellant, spoke in opposition to four or the conditions placed on the approval of project. He explained this additional cost would be a hardship at this time as they are trying to improve the property and get a business going. Discussion was held on how much of a sidewalk must be replaced; the paving of the back portion of the lot; necessity for replacing the outdoor lighting at this time; installation of masonry wall between the business and residence at the rear of the business and distribution of additional trees to be planted. Mr. Daily moved Council finds Planning Commissions decision is correct but finds they erred in not being specific in their conditions and Council modified the conditions as follows: #3 Within eighteen months of date of approval of the Conditional Use Permit, install new on-site lighting fixtures to the satisfaction of the Planning Director and Town Engineer utilizing cut-off style. #5 Pave all the unpaved areas of the property that are utilized for vehicle parking or storage by January, 1984. Mrs. Rasmussen seconded. Mayor Ventura moved for amendment to motion as follows: #6 Submit a revised landscape plan to the satisfaction of the Planning Director and Superintendent of Parks & Forestry illustrating the following: a,b,c,d,e, and add f. Provide eight additional trees to be distributed in four groupings, two trees each. One grouping to be located adjacent to property to the south and three groupings to be along the fence to minimize disruption of display vehicles. amendment was accepted by Mr. Daily and Mrs. Rasmussen. Carried unanimously. The Town Attorney to prepare necessary Resolution for Council consideration at the next meeting. RECESS Mayor declared a recess. Meeting reconvened at 10:24 p.m. APPEAL HANDICAPPED Mayor Ventura stated this was the time place duly published for public hearing appealing the Building Official's decision concerning handicapped access requirements of restroom modifications at 15200 Los Gatos Boulevard. Fred Long, Contractor for the remodeling and representative of the owner, stated he is only remodeling to install a waiting foyer for the customers and feels requirement for remodeling bathrooms would cause a hardship as it would be necessary to close the restaurant and that would be a loss of revenue to owners. After further discussion and no one else wished to speak on this issue, Mrs. Rasmussen moved the hearing be closed. Mrs. Benjamin seconded. Carried unanimously. Mrs. Rasmussen moved Council deny the appeal and uphold the Building Officials decision. Mayor Ventura seconded. Carried unanimously. The Town Attorney to prepare Resolution for Council consideration at the next meeting. CONFLICT OF INTEREST Mr. Ferrito moved for adoption of Ordinance No. 1576 entitled, ORDINANCE AMENDING SECTION 2-61 OF THE TOWN CODE TO ADD MEMBERS OF THE PLANNING COMMISSION AND CONSULTANTS AS EMPLOYEES COVERED BY CONFLICT OF INTEREST PROVISIONS. Mrs. Rasmussen seconded. Carried unanimously. PUSHCART REGULATIONS Mrs. Rasmussen moved to waive the reading for ORDINANCE ADDING CHAPTER 19A TO THE TOWN CODE REGULATING PUSHCARTS. Motion died for lack of second. Mr. Ferrito moved to continue this item to May 16, 1983. Motion died for lack of second. Mayor Ventura moved this item be heard tonight. Mr. Daily seconded. Carried by vote of four ayes. Mr. Ferrito voting no. Phil Bonn representing Gary Falk, owner of Anything 'n Bagels pushcart, spoke on the proposed ordinance, He opposed the section regarding competing applications and selection being done by lottery. Also under the section of Noise, he feels the operators of pushcarts should at least be allowed to listen to radio for his own benefit. Council agreed. Under section 19A15.080, he feels there should be a stool or chair allowed for the operators use only. Council agreed. Section 19A.15.100 dealing with Insurance, he feels should be less than one million dollars. Council agreed upon five hundred thousand. Section 19A.20.010, Temporary Permits, he feels these permits should go to the Town Manager and not the Police Department. Council agreed. Under Section 19A.15.060, Sanitary Sewer Facilities, Council agreed that agreement for facilities is for the operator's and his agents. Mr. Jim Paris also spoke n the ordinance and regulations. After this discussion, Council agreed to amendments discussed. Mrs. Rasmussen moved reading be waived for ORDINANCE ADDING CHAPTER 19A TO THE TOWN CODE REGULATING PUSHCARTS. Carried unanimously. Clerk read title. Mrs. Rasmussen moved for introduction of Ordinance as amended. Mr. Ventura seconded. Carried unanimously. SIDEWALK SALES REGULATIONS Mr. Ferrito moved to waive the reading for ORDINANCE AMENDING SECTION 26-7 OF THE TOWN CODE AND ADDING SECTION 26-7.1 TO ALLOW SIDEWALK SALES UNDER CERTAIN CONDITIONS. Mrs. Rasmussen seconded. Carried unanimously. Town Clerk read title. Mrs. Rasmussen moved Ordinance be introduced. Mr. Daily seconded. Carried unanimously. SALE OF BERRY SCHOOL Dr. Jo Decker spoke to Council on the issue answering questions as to whether they intend to sell some of the property. Randy Attaway volunteered to work on a neighborhood committee in conjunction with this project. After further discussion, Mr. Ferrito moved for adoption of Resolution No. 1983-85 entitled, RESOLUTION UNDER EDUCATION CODE SECTION 39397 REGARDING INADEQUACY OF PUBLIC LANDS IN THE VICINITY OF BERRY SCHOOL. Mrs. Rasmussen seconded. Carried unanimously. Mrs. Benjamin moved for adoption of Resolution No. 1983-86 entitled, RESOLUTION ADOPTING PLAN FOR PURCHASE OF SURPLUS SCHOOL PROPERTY. Mr. Daily seconded. Carried unanimously. Authorize Council subcommittee to continue working with the school district and Jewish Community Center and report to Council. CAPITAL IMPROVEMENT PROGRAM Mr. Frank Lodato, one of the owners of King's Court shopping Center, spoke on his concerns regarding signalization of Blossom Hill Road and Camellia Terrace. It was consensus of Council to continue the Capital Improvement program until May 16, 1983. PREFERENTIAL PARKING AMENDMENT Discussion was held regarding time limit for no parking in the Almond Grove ares. David Hopp, Manager of Chrislow's asked if time for preferential parking could start at 6:00 p.m. at 6:30 p.m. to allow sore patrons and workers time to get to their cars. After some discussion, Mrs. Rasmussen moved for adoption of Resolution No. 11983-87 entitled, A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AMENDING RESOLUTION NO. 1983-4, (changing the no parking in referential parking district from 5:30 p.m. to 2:00 a.m.). Mr. Daily seconded. Carried unanimously. Mrs. Rasmussen moved Council approve a transfer of $700.00 for cost of additional signing. Mrs. Benjamin seconded. Carried unanimously. LOS GATOS MUSEUM-LEASE AGREEMENT Bob Hamilton, representative of the Museum, requested the lease be for five year term and the Town be responsible for the insurance. The Town Manager stated this proposed lease is on a one year basis, but is automatically renewable each year. After further discussion, Mr. Ferrito moved for adoption of Resolution No. 1983-88 entitled, A RESOLUTION AUTHORIZING THE MANAGER TO EXECUTE A LEASE BETWEEN THE TOWN OF LOS GATOS AND THE LOS GATOS MUSEUM ASSOCIATION, (with Town paying for insurance). Mrs. Rasmussen seconded. Carried unanimously. COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS Discussion was held on the Community Services and Development Commission regarding $10,000 decrease in Community Development Block and recommended that Council approve a decrease of $7,500 from the 1983-84 Community Handicapped Access project and $2,500 from the Los Gatos Housing Conservation program. Mrs. Rasmussen moved this be referred to staff for further analysis and report back to Council May 16, 1983. Mr. Ferrito seconded. Carried unanimously. YOUTH ADVISORY PUBLIC AWARENESS POSTERS Request for Council approval of the Youth Advisory Commission's "public awareness" posters. Consensus of Council to defer this until May 16, 1983 meeting. GUADALUPE COLLEGE ISSUE Mrs. Rasmussen moved to accept staff recommendation and approve the transfer of an additional $5,000 from Contingency to General Town Administration for the lobbying contract between the Town and the law firm of Ochoa, Barbosa & Sillas and authorize Manager to sign an amendment to the agreement providing for an additional $5,000 to be added to the contract. Mr. Daily seconded. Carried unanimously. MEETING CONTINUATION Mayor Ventura moved to continue the meeting past midnight to complete the agenda. Mr. Ferrito seconded. Carried by a vote of three ayes. Mrs. Rasmussen and Mrs. Benjamin voting no. SOLAR ENERGY Mr. Ferrito moved Council support AB 1659 (Farr), regarding municipal community energy authorities. Mayor Ventura seconded. Carried by a vote of four ayes. Mrs. Rasmussen voting no. RENTAL HOUSING Mr. Ferrito moved Council oppose AB 965 (Alatorre) and SB 1069 (Seymour) regarding rental housing. Mrs. Rasmussen seconded. Carried unanimously. Council also authorized letter regarding Council's position on the Solar Energy bill and Rental Housing bill be sent to proper legislators and correspondents on the bills. SOILS SAMPLES-OAK MEADOW PARK It was consensus of Council to authorize the staff to investigate cost of soils analysis of Oak Meadow Park. RAIN GAUGE Mrs. Rasmussen moved to authorize relocation of the rain gauge from Shannon Road Fire Station to the Service Center located at 41 Miles Avenue, effective July 1, 1983. Mayor Ventura seconded. Carried unanimously. ADJOURNMENT Mayor Ventura declared the meeting adjourned at 12:24 a.m., Tuesday, May 3, 1983.