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M 01-03-83TOWN OF LOS GATOS CALIFORNIA TOWN COUNCIL/PARKING AUTHORITY AGENDA JANUARY 3, 1983 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: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. PRESENTATION Mayor Ventura presented employee service pin to Neil Hawkins for 5 years service as a Los Gatos Police Reserve Officer. CLOSED SESSION REPORT Mayor Ventura stated Council had met in closed session prior to the Council meeting and discussed the following: Novitiate litigation, pending litigations and personnel matter. PRESENTATION STORAGE OF HAZARDOUS MATERIALS Fire Chief Doug Sporleder made a slide presentation showing fires and damages caused from the storage of hazardous chemicals. After said presentation, Chief Sporleder spoke on the need for a uniform model ordinance setting up guidelines and instructions for handling of such hazardous materials. Cities throughout the county are considering this problem and the proposed ordinance with suggestions from the various cities will be discussed at the IGC meeting to be held in February. WRITTEN COMMUNICATIONS Letter from Arthur L. Smith regarding fence at Winchester Boulevard and Buena Vista Avenue. The Town Manager stated Mr. Smith has been advised previously of the Town's action and the determination on the revocable permit. PUBLIC HEARING SCHEDULE Council information. ABANDONMENT OF STREET - 573 UNIVERSITY AVE. Mrs. Rasmussen moved for adoption of Resolution No. 1983-1 entitled, A RESOLUTION OF INTENTION TO VACATE EXCESS PORTION OF A PUBLIC THOROUGHFARE (573 UNIVERSITY AVENUE) FOR PUBLIC ROAD PURPOSES, and the Town Clerk be authorized to advertise the hearing which is to be scheduled for February 7, 1983. Mr. Daily seconded. Carried unanimously. PARKING PROHIBITION 15200 LOS GATOS BOULEVARD Mrs. Rasmussen moved for adoption of Resolution No. 1983-2 entitled, PARKING PROHIBITION - LOS GATOS BOULEVARD. This prohibiting parking at all times along the east side of Los Gatos Boulevard, south of Lark Avenue. Mr. Daily seconded. Carried unanimously. NOTICE OF COMPLETION Mrs. Rasmussen moved Council accept staff recommendation and approve the Certificate of Acceptance and Notice of Completion for 410-416 San Benito Avenue - Nelson Moles Development. Mr. Daily seconded. Carried unanimously. TDA - ARTICLE 3 FUNDS FOR BICYCLE & PEDESTRIAN FACILITIES Mrs. Rasmussen moved Council accept staff recommendation nd approve the TDA Article 3, claim to accumulate this years apportionment for a future program. Mr.Daily seconded. Carried unanimously. MONTHLY PLANNING REPORT Council information. CRESCENT HILLS ASSESSMENT DIST. 73-1 SUPPLEMENTAL APPROPRIATION Mrs. Rasmussen moved to accept staff recommendation and approve supplemental appropriation in the amount of $1,036.16, from Bond Construction Fund 082-4740 and authorize the Clerk to make the appropriate refunds to the nineteen property owners involved. Mr. Daily seconded. Carried unanimously. MINUTES Mr. Ferrito questioned the December 7, 1982 minutes with regards to the Toll House hearing. He stated there had been no vote on motion to deny the appeal. Asked Clerk to review the tape. Mrs. Rasmussen moved to approve the December 6th minutes as submitted and continue the approval of the minutes of December 7th, with request to check tapes regarding Toll House hearing. Mr. Daily seconded. Carried unanimously. WRITTEN COMMUNICATIONS (for action) a.Letter from Leonardo Pacheco requesting the installation of permanent curbs and gutters in front of his residence at 50 Hernandez Avenue. Mrs. Rasmussen moved to accept staff recommendation that the Council direct staff to advise Mr. Pacheco that the Town does not provide curbs and gutters as a public expense, but would assist in providing the necessary engineering for the installation of curb and gutter at his expense. Mayor Ventura seconded. Carried unanimously. b.PG&E rate adjustment applications. Mrs. Rasmussen moved Council oppose rate adjustment applications. Mr. Ferrito seconded. Carried unanimously. c.Letter from Live Oak Adult Day Care Center requesting financial assistance. Mrs. Rasmussen moved to accept staff recommendation and allocate $5,000.00, of Revenue-Sharing Contingency funds for the expressed purpose of completing the rehabilitation work on the Live Oak Adult Day Care Center and adopt Resolution No. 1983-3 entitled, A RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO ENTER INTO A LETTER AGREEMENT WITH THE LOS GATOS UNITED METHODIST CHURCH FOR THE EXPENDITURE OF REVENUE- SHARING CONTINGENCY FUNDS (1982-83) FOR THE SENIOR ADULT DAY CARE CENTER. Mrs. Benjamin seconded. Carried unanimously. d.Letter from Monte Sereno regarding traffic study of San Benito and Andrews Street. Mrs. Rasmussen moved to accept staff recommendation and authorize Town staff to work cooperatively with staff from City of Monte Sereno to explore various alternatives to traffic problems in the subject area. Mr. Daily seconded. Carried unanimously. e.Letter from Jim Lewis regarding use of HCDA Handicapped access funds for the other access projects at the High School as Saratoga chose not to participate toward this project. Mr. Ferrito moved to accept staff recommendation and Council proceed with the various handicapped access projects identified previously for HCDA funding and eliminate previous contingency Council placed by asking Saratoga to participate in funding. Mrs. Rasmussen seconded. Carried unanimously. Mayor Ventura to write to Mayor of Saratoga stating Town disappointed in lack of cooperation in this project. f.Letter from Dancy Foster opposing the requirements regarding handicapped access, placed on the LeBoulanger Bakery. Mr. Daily moved to have staff advise Ms. Foster of Town policy. Mrs. Benjamin seconded. Carried unanimously. NOVEMBER WARRANT DEMANDS Mayor Ventura moved for approval of November warrant demands in the amount of $475,644.88. Mrs. Benjamin seconded. Unanimously carried. FINANCIAL STATUS REPORTS Mr. Ferrito moved Council accept the financial status reports for the month of November, 1982. Mr. Daily seconded. Carried unanimously. DECEMBER 1982 PAYROLL Mrs. Rasmussen moved Council accept the December, 1982 payroll. Mrs. Benjamin seconded. Carried unanimously. NOVEMBER TREASURER'S REPORT Mrs. Rasmussen reminded the Mayor the Treasurer had promised to give Council a list, on a monthly basis, as to where funds are kept. Mayor Ventura stated he would write the Treasurer requesting said list. Mrs. Rasmussen moved Council accept the Treasurer's Report for the month of November, 1982. Mr. Ferrito seconded. Carried unanimously. PREFERENTIAL PARKING Mayor Ventura stated this was the time and place duly published for public hearing to consider a residential preferential parking program in and around the neighborhood surrounding C.B. Hannegan's. The Town Manager spoke on the elements of the program including hours, program administration and enforcement activity. He also stated that each of the residents and property owners in the area affected had been notified. Lee Bowman referred to report regarding mail survey questionnaire that was sent out and the results of same. Bob Holding, 300 Bachman Avenue, spoke in support of the program and stated the hours should be 5:00 p.m. to 2:00 a.m. Sue LaForge, from the Chamber of Commerce, spoke on closing hours of various stores in the parking program. No one else wished to speak on the issue, Mr. Ferrito moved hearing be closed. Mrs. Rasmussen seconded. Carried unanimously. Discussion was held on closing hours of other merchants in the area; what the fines would be; number of permits to issue each household and study to be made regarding permits for special occasions. After further discussion, Mr. Ferrito moved for adoption of Resolution No. 1983-4 entitled, RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS PROHIBITING PARKING EXCEPT BY PERMIT ON PORTIONS OF CERTAIN PUBLIC STREETS, (hours of enforcement to be 5:30 p.m. to 2:00 a.m.). Mayor Ventura seconded. Carried by a vote of four ayes, Mr. Daily voting no. On consensus motion Council moved for the issuance of 1 parking permit per registered vehicle and no more than 4 permits per household; 2 permanent visitor permits be provided to each resident. Study to be made regarding issuance of permits for special occasions. Mrs. Rasmussen moved to approve supplemental appropriation in the amount of $12.000.00, to cover cost of starting said program. Motion also to include the above consensus motion, with a review of the parking program being made in June 1983. Mrs. Benjamin seconded. Carried unanimously. The question regarding cost recovery will be discussed at budget hearing. APPEAL - ZONE CHANGE 16569 CAMELLIA TERR. Mayor Ventura stated this was the time and place duly published as public hearing for appeal of Planning Commission's decision denying zone change application Z-82-4, requesting a change in pre-zoning from R-1:8,000 to C-1 for property located at 16569 Camellia Terrace (Musich). Mr. Musich appellant, spoke on the issue stating the reason for appealing the decision of the Planning Commission is because he feels Planning erred in two areas nd that is not taking into consideration the solving of parking problem and addressing the additional landscaping. Speaking in opposition to the rezoning, addition to existing building and allowing commercial encroachment into residential neighborhood were, James Burnett, Mr. McDonald, Roy Stair, Dom Salitto, Sarah Cacitti, D. O'Gorman, J. Smith, Jan Schubert, James Kellett, Bob Negendank, Alan Werb and Charles Juliano. No one else wished to speak on this issue, Mr. Ferrito moved hearing be closed. Mrs. Rasmussen seconded. Carried by a vote of four ayes. Mayor Ventura abstained. After further discussion, Mr. Ferrito moved to deny the appeal and uphold the decision of the Planning Commission. Mr. Daily seconded. Carried by a vote of four ayes. Mayor Ventura abstained. The Town Attorney authorized to prepare necessary resolution and present to Council at their next meeting. RECESS Mayor Ventura declared a recess. Meeting reconvened t 10:30 p.m. VACATION VILLA AVENUE Mayor Ventura stated this was the time and place duly published for public hearing on request to vacate right-of-way across the frontage of the Ogilvie property located along Villa Avenue. No one wished to speak on this issue, Mrs. Rasmussen moved hearing be closed. Mr. Ferrito seconded. Carried unanimously. Mrs. Rasmussen moved for adoption of Resolution No. 1983-5 entitled, ORDER VACATING EXCESS PORTION OF A PUBLIC THOROUGHFARE ALONG VILLA AVENUE. Mayor Ventura seconded. Carried unanimously. ZONE CHANGE PARR AVENUE Mayor Ventura stated this was the time and place duly published for public hearing to consider zone change application Z-82-2, requesting a zone change from R-1:8.000-PD for an approximately 1.3 acre parcel, in order to construct a Senior Citizen Residential Condominium Project. Mr. Hedley, architect for the project, stated this proposed development is for 32 condominiums with three units being designated as BMP units. Discussion was held as to handicapped units. Speaking on the issue were Aaron Martin, Elmer Chapson, Jim Lewis and Lois Chapson. No one else wished to speak, Mrs. Rasmussen moved hearing be closed. Mrs. Benjamin seconded. Carried unanimously. By consensus motion, Mr. Ferrito moved Council refer the question of the standards regarding handicapped accessibility to the Planning Commission and Community Service and Development Commission for their recommendations and possible amendments to the General Plan with regards to the Senior Citizen density bonus and how these standards might be inter-related with that density bonus. Mr. Ferrito moved Council make negative declaration and finds that the request is consistent with the General Plan. Mayor Ventura seconded. Carried unanimously. Discussion was held as to where the requirements of handicapped units could be incorporated into the proposed ordinance. It was noted this could be done under Section 5, Official Development Plan by adding it as #9. Introduction of Ordinance to be held until January 17, 1983. VLAMIS RIGHT-OF-WAY ACQUISITION Mayor Ventura stated this was the time and place duly noted for public hearing and adopt a Resolution of Necessity to condemn the property owned by Philip Vlamis for the widening of Winchester Boulevard. No one from the audience wished to speak on this issue, Mrs. Rasmussen moved hearing be closed. Mrs. Benjamin seconded. Carried unanimously. Mrs. Rasmussen moved for adoption of Resolution No. 1983-6 entitled, RESOLUTION OF NECESSITY - WINCHESTER BOULEVARD WIDENING KNOWLES DRIVE TO WIMBLEDON DRIVE (PROJECT NO. 263-GF). Mrs. Benjamin seconded. Carried by a vote of four ayes. Mayor Ventura voting no. CONVERTING MISDEMEANORS TO INFRACTIONS Walter Hays, Town Attorney, stated most Town Code sections do not state whether their violation is a misdemeanor or infraction and this proposed ordinance will amend the Town Code to state all violations are infractions unless they are specifically stated to be misdemeanors. Mrs. Rasmussen moved reading be waived for ORDINANCE AMENDING VARIOUS SECTIONS OF THE TOWN CODE TO CONVERT MISDEMEANORS TO INFRACTIONS. Mayor Ventura seconded. Unanimously carried. Clerk red title. Mayor Ventura moved ordinance be introduced. Mrs. Rasmussen seconded. Carried unanimously. TOLL HOUSE APPEAL Mayor Ventura moved for adoption of Resolution No. 1983-7 entitled, RESOLUTION GRANTING APPEAL FROM DECISION OF PLANNING COMMISSION (120-140 SOUTH SANTA CRUZ AVENUE - TOLL HOUSE). Mr. Ferrito seconded. Carried by a vote of three ayes. Mrs. Rasmussen and Mrs. Benjamin voting no. C.B. HANNEGAN'S APPEAL Mr. Ferrito requested a correction of wording under section no. 2 of IT IS HEREBY RESOLED, "The appeal is continued until the first meeting in June, 1983, to consider it in light ...". Mrs. Rasmussen moved for adoption of Resolution No. 1983-8 as amended entitled, RESOLUTION CONTINUING APPEAL WITH INTERIM CONDITIONS (208 BACHMAN AVENUE - C.B. HANNEGAN'S). Mr. Ferrito seconded. Carried unanimously. URGENCY ORDINANCE RE STORAGE OF HAZARDOUS MATERIALS The Town Attorney stated the proposed ordinance is an interim Ordinance re storage of hazardous chemicals. This ordinance would be in effect until such time as a uniform ordinance is adopted by the various municipalities throughout the county. Mrs. Rasmussen moved reading be waived for URGENCY INTERIM ORDINANCE PROHIBITING STORAGE AND DISPOSAL OF HAZARDOUS SUBSTANCE AND HAZARDOUS WASTE PENDING A STUDY OF APPROPRIATE PERMANENT REGULATIONS. Mr. Ferrito seconded. Carried unanimously. Clerk read title. Discussion was held on wording and the first sentence of Section 2 should read, "After January 3, 1983, it shall be unlawful and a misdemeanor to install new storage or disposal facilities for any of the following substances...". Mr. Ferrito moved for adoption of Ordinance 1560-A (as amended) entitled, URGENCY INTERIM ORDINANCE PROHIBITING STORAGE AND DISPOSAL OF HAZARDOUS WASTE PENDING A STUDY OF APPROPRIATE PERMANENT REGULATIONS. Mrs. Rasmussen seconded. Carried unanimously. PERMANENT ORDINANCE RE STORAGE OF HAZARDOUS MATERIALS The Town attorney stated State Law requires that an ordinance of this type should first be reviewed by the Planning Commission. Mr. Ferrito moved this proposed ordinance be referred to Planning Commission for consideration. Mrs. Rasmussen seconded. Unanimously carried. PUSHCART ORDINANCE The Town Attorney explained the proposed ordinance before Council is one for the regulations of said pushcarts and the other is for prohibiting pushcarts. Discussion was held regarding regulations of various pushcarts at certain events. Sue LaForge and Jerry Falk spoke on the issue. After further discussion, Mrs. Rasmussen moved reading be waived for ORDINANCE ADDING CHAPTER 19-A TO THE TOWN CODE REGULATING PUSHCARTS (prohibiting pushcarts except at special events), adding the date of May 1, 1983 as amortization period on page 5. Mrs. Benjamin seconded. Carried unanimously. Clerk read title. Mrs. Rasmussen moved for introduction of ordinance. Mrs. Benjamin seconded. Motion fails on vote of two ayes. Mr. Daily, Mr. Ferrito and Mayor Ventura voting no. Mayor Ventura moved reading be waived for ORDINANCE ADDING CHAPTER 19-A TO THE TOWN CODE REGULATING PUSHCARTS. Mrs. Rasmussen seconded. Unanimously carried. Clerk read title. Discussion was held on amendments to the Ordinance such as adding under section 19-14-10-030(f) Aesthetics; Section 19-14.10.070 regarding DURATION: last part of first sentence to read,"... not to exceed one (1) year.", amend section 26-7, to include allowing sidewalk sales and pushcarts. Mayor Ventura moved for introduction of ordinance as amended. Mrs. Rasmussen seconded. Carried unanimously. CONTINUANCE OF MEETING Mrs. Benjamin stated it was after midnight and he moved Council continue meeting until agenda is finished. Mayor Ventura seconded. Carried unanimously. WEED ABATEMENT Mr. Ferrito moved for adoption of Resolution No. 1983-11 entitled, A RESOLUTION AUTHORIZING THE TOWN MANAGER TO EXECUTE A PROPOSED AMENDMENT TO WEED ABATEMENT PROGRAM AGREEMENT BETWEEN COUNTY OF SANTA CLARA AND TOWN OF LOS GATOS. Mrs. Benjamin seconded. Carried unanimously. ORDINANCE INCREASING TRANSIENT OCCUPANCY TAX Mrs. Rasmussen moved for adoption of Ordinance No. 1561-A entitled, AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING SECTION 28-18 OF THE TOWN CODE REGARDING THE TRANSIENT OCCUPANCY TAX. Mrs. Benjamin seconded. Carried unanimously. PACIFIC TELEPHONE RATE INCREASE Information for Council. PCB SPILLS Report for information to Council. Mayor requesting a written commitment from PG&E. regarding removal of capacitors with PCB's from the Town. ZONING ORDINANCE AMENDMENT RE SIGN REGULATIONS Mrs. Rasmussen moved for adoption of Ordinance No. 1562 entitled, ORDINANCE AMENDING THE ZONING ORDINANCE AMENDING THE RULES FOR SIGNS IN THE CM ZONE. Mrs. Benjamin seconded. Carried unanimously. REORGANIZATION OF TOWN MAINTENANCE SERVICES It was consensus of Council to accept this report. MANAGEMENT COMPENSATION PLAN Mrs. Rasmussen moved for adoption of Resolution No. 1983-9 entitled, A RESOLUTION AMENDING TOWN MANAGEMENT COMPENSATION PLAN AND TOWN'S POSITION AND SALARY CONTROL RESOLUTION. Mrs. Benjamin seconded. Carried unanimously. GENERAL TELEPHONE SERVICE PROBLEMS Patricia Jones, Area Manager of General Telephone Company, spoke in opposition of the proposed resolution regarding poor service. Also speaking on behalf of General Telephone Company were Robert Shirey, Network Engineer Director, and Ken Okel, Attorney representing General Telephone. Dan Pulcrano, Editor of Los Gatos Weekly, spoke on complaints received from survey questionnaire put out by the Los Gatos Weekly. After further discussion and suggestion of changes to the resolution such as naming members of PUC or state "certain" members of PUC. Where refer to "per 100 lines" should read "per 100 telephones", and eliminate the sentence regarding "mountain switching station". Mayor Ventura moved for adoption of Resolution No. 1983-10 (as amended), entitled, A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DIRECTED TO GENERAL TELEPHONE COMPANY OF CALIFORNIA RE SERVICE PROBLEMS IN LOS GATOS AREA. Mr. Ferrito seconded. Carried unanimously. The following items to be placed on the agenda for January 17, 1983: Truck prohibition signs in Almond Grove Neighborhood. White paper recycling program for the Town (it was noted this is being done at the present time). PG&E hydro-electric plant recycling. ADJOURNMENT Mrs. Rasmussen moved meeting be adjourned at 1:18 a.m. Mr. Daily seconded. Carried unanimously. ATTEST: Rose E. Aldag Town Clerk