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M 09-19-83September 19, 1983 TOWN COUNCIL The Town Council of the Town of Los Gatos met in the Council Chambers of the Town Hall at 9:15 p.m., in regular session. Meeting convened late due to interviews of 18 applicants for the two openings on the Planning Commission. ROLL CALL PRESENT: Joanne Benjamin, Terrence J. Daily, Thomas J. Ferrito and Mayor Brent Ventura. ABSENT None. PLEDGE OF ALLEGIANCE Given by all in attendance. CLOSED SESSION Mayor Ventura stated Council met in Closed Session prior to the Council meeting and discussion the following: Personnel matter Denied the claim submitted by the Los Gatos Athletic Club and Mr. McCoomb. Vote on this issue was two votes for denying and two abstained. Discussed labor relations. Discussed pending litigations on Novitiate, Toll House, Forbes Mill and County Also discussed potential litigation. ADDED AGENDA ITEMS Mrs. Benjamin moved to add the following agenda items: 20A. Approval of minutes of September 13, 1983 meeting. 19A. Adoption of Resolution approving amendment to Town Manager's Contract. 38A. Adoption of Ordinance decreasing the regulatory fee for Rental Mediation Program. 40. Notification of one vacancy on the Los Gatos Community Cablevision Board. Mr. Ferrito seconded. Carried unanimously. PRESENTATION Mayor Ventura presented Dennis Burrow with Resolution of Commendation for his services to the Community by serving on the Community Services and Development Commission. PLANNING COMMISSION APPOINTMENTS Mayor Ventura stated nominations were open for the two vacancies on the Planning Commission and explained the procedures. Nominated were: Gerald Ridley, Ann Whyte, Catherine Smith, Richard Gaines, Timothy Coughlin, Terry Dowell, Susan Grimes and Lester Attaway. Voting was held and receiving the majority of votes were Catherine Smith and Gerald Ridley. Mayor Ventura thanked all applicants for their interest in said positions and congratulated Catherine Smith and Gerald Ridley on their appointments. SARATOGA AVENUE IMPROVEMENTS PROJECT 283 Mrs. Benjamin moved to accept staff recommendation and award the contract for Project 283, Saratoga Avenue widening, to Norman B. Houge, Inc. in the amount of $185,804.70. Mr. Daily seconded. Carried unanimously. Discussion was held on landscaping of this area. Staff to meet with Council and go over plans. CYPRESS WAY, BLOSSOM HILL RD. AND VILLA AVENUE STORM SLIDE REPAIRS Mr. Ferrito moved to accept staff recommendations and award the contract for Project 290, Cypress Way-Blossom hill and Villa Avenue Slide Repairs to Lew Jones Construction Company in the amount of $222,440.00 and approve a supplemental appropriation from the General Fund Appropriated Reserve in the amount of $223,562.00. Mr. Daily seconded. Carried unanimously. COMMUNICATIONS (referral/file) a. Letter from Chamber of Commerce regarding review of Business License Tax for the Town of Los Gatos. Mrs. Benjamin moved to refer this to Town Manager. Mr. Daily seconded. Carried unanimously. Town Manager stated he has already met with the subcommittee of the Chamber of Commerce concerning revisions in the business tax. b. Letter from Lee Dimter regarding Police Department Information Policy. Mrs. Benjamin moved to refer this correspondence to Town Manager and Chief of Police for report back to Council on October 17, 1983. Mr. Daily seconded. Carried unanimously. c. Letter from Attorney Ralph Dixon regarding problem parking at 20 Lyndon Avenue in conjunction with business of Dan's Deli. Mrs. Benjamin moved this be referred to Planning Director and Town Attorney for response. Mr. Daily seconded. Carried unanimously. d. Letter from Southhampton Co. regarding Solar Fair. Mrs. Benjamin moved this be referred to Mayor for proclamation. Mr. Daily seconded. Carried unanimously. e. Letter from Mid-Peninsula Support Network, enlisting Council's assistance in commemoration the National Day of Unity Against Domestic Violence. Mrs. Benjamin moved to refer this to the Mayor for a proclamation. Mr. Daily seconded. Carried unanimously. SCHEDULE OF PUBLIC HEARINGS Council informational. SHANNON ROAD NO. 17 ANNEXATION Mr. Daily moved to continue this item to October 17, 1983 at request from property owner. Mrs. Benjamin seconded. Carried unanimously. NOTICE OF COMPLETION-COUNTRYMAN'S CADILLAC Mayor Ventura questioned landscape agreement for this project. It was consensus of Council this be continued to October 17, 1983 and staff to contact Countryman's regarding street trees in parking strip. REVOCABLE PERMIT FOR WALTER FRANCK Mrs. Benjamin moved that Council authorize the Director of Public Works to issue and record a revocable permit to Walter A. Franck and Joan B. Franck, for use of a portion of public property in Parking Lot No. 3. Mr. Daily seconded. Carried unanimously. USE OF FUNDS HIGHWAY 17 REPAIR Mrs. Benjamin moved for adoption of Resolution No. 1983-187 entitled, A RESOLUTION REDESIGNATING HIGHWAY 17 TO PERMIT BROADER USE OF FEDERAL HIGHWAY FUNDS. Mr. Daily seconded. Carried unanimously. PROJECT 291-REROOFING RECREATION BUILDING Mrs. Benjamin moved for adoption of Resolution No. 1983-188 entitled, RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS APPROVING PLANS AND SPECIFICATIONS FOR PROJECT 291-RECREATION BUILDING ROOFING, and direct the Town Clerk to advertise for bids. Mr. Daily seconded. Carried unanimously. COMMUNITY ENERGY AUTHORITY AB 1659 Report on AB 1659 for Council information. FEDERAL ASSISTANCE STORM DAMAGE REPAIRS Information report for Council. SAN JOSE REFERRAL-MC BAIN Mr. Ferrito questioned staff if Town could prohibit access of a San Jose development to Los Gatos Road. The Town Attorney, Mr. Hays, stated if there is an alternative access then the Town could deny access with lesser reasons for it. But feels the Town does not have a legal right to deny access to a public street. COUNTY PROPOSED REVISION OF THE GENERAL PLAN HILLSIDE DEVELOPMENT Mayor Ventura stated he feels the idea of acquiring the open space dedication is probably, in the better long term interest of, what our goals are in our hillside areas than the proposed County amendment. Mayor Ventura moved to notify the Board of Supervisors that the Town Council opposes the proposed amendment to the General Plan on basis of lack of open space dedication. Mr. Ferrito seconded. Carried unanimously. ZONING ORDINANCE AMENDMENT RE FRATERNAL ORGANIZATIONS Mrs. Benjamin moved the adoption of said ordinance be continued to October 17, 1983. Mr. Daily seconded. Carried unanimously. ICMA RETIREMENT CORPORATION Mrs. Benjamin moved for adoption of Resolution No. 1983-189 entitled, A RESOLUTION ADOPTING THE ICMA DEFERRED COMPENSATION PLAN, EXECUTING THE ICMA RETIREMENT TRUST AND ADOPTING A TRUST AGREEMENT WITH ICMA RETIREMENT CORPORATION. Mr. Daily seconded. Carried unanimously. SENIOR GROUP HOME Mrs. Benjamin moved to accept staff recommendation and suspend the Housing Conservation Program requirements for the Senior Group Home and approve a deferred rental rehabilitation loan for a maximum of $25,000.00 at a zero percent interest rate. Mr. Daily seconded. Carried unanimously. SUPPLEMENTAL APPROPRIATION PURCHASE OF BUS STATION BENCH Mrs. Benjamin moved to approve supplemental appropriation of $500.00 from the Federal Revenue Sharing Contingency for the acquisition of a bench to be installed at the Bus Station at 145 N. Santa Cruz Avenue. Mr. Daily seconded with amendment to motion to include the directing of staff to send letter of appreciation to Emerson Shaw for his donation. It was noted that Mr. Emerson Shaw has already donated $25.00 to this effort. Mrs. Benjamin accepted amendment. Carried unanimously. SANTA CLARA COUNTY REVENUE AGREEMENT BOND (VILLA VASONA) Mrs. Benjamin moved for adoption of Resolution No. 1983-191 entitled, A RESOLUTION OF TOWN COUNCIL OF THE TOWN OF LOS GATOS AUTHORIZING EXECUTION OF AN AGREEMENT and authorize the Mayor to enter into said agreement with the County of Santa Clara and Jack Sheehan, Villa Vasona Ltd. Mr. Daily seconded. Carried unanimously. EMPLOYMENT AGREEMENT FOR TOWN MANAGER Mrs. Benjamin moved for adoption of Resolution No. 1983-192 entitled, A RESOLUTION APPROVING AMENDMENTS TO THE TOWN MANAGER EMPLOYMENT AGREEMENT, TO BE EFFECTIVE JULY 1, 1983. Mr. Daily seconded. Carried unanimously. COMPARABLE WORTH STUDY The Town Manager spoke on report presented to Council, stating report represents joint work with staff, Town Employees Association and other employee bargaining units. Jackie Spillane and Louise Meineke, members of Comparable Worth Committee; Barbara Kendrich, President of TEA spoke on the issue stating salary discrepancies which apply primarily to women's positions, the fact of unintentional sex discrimination is the major finding of the study and recommendations to the Council is that Comparable Worth study stands alone and is not to be used in any other negotiations. The implementation of said report to begin by January 1984 and be completed within two years. Bill Callahan and Dale Hill also spoke on this issue. Mayor Ventura stated, for the record, that Council has become familiar with this document and knows the work that has gone into it and is very pleased with the results. After further discussion, Mr. Ferrito moved to approve the report of Comparable Worth Study; Council express its commitment to implement, as soon as possible, the results of the study in accordance with Town Employee compensation policies subject to Meyers-Millias-Brown Act and, in addition, Council commits that no salary will be reduced. Mayor Ventura seconded. Carried unanimously. RECESS Mayor Ventura declared a recess. Meeting reconvened at 10:30 p.m. APPEAL-WESTERNER PRE-SCHOOL Mayor Ventura stated this was the time and place duly noted for continued public hearing on appeal of Planning Commission's decision on the placing of inadequate additional conditions on Conditional Use Permit Application U-63-2A. Lee Bowman reported that on April 5, 1982, Council had modified Planning Commission conditions and those are the conditions being followed. Mrs. Maureen Heberling, 291 Hershner Court, stated the school has not complied with rules as set forth by Council. Mrs. Heberling also stated Police are not patrolling the area and cars are parking in the Court. Tom Anderson, 275 Hershner Court, also spoke regarding parking of cars in the court. Dan Gallagher, Attorney representing the Westerner Pre-School, stated there has been no intensification of the school and owners are following all rules as set forth. Cheryl Storm, owner of the Pre-School, spoke on how parents are informed of rules for using Hershner Court and where they should park. Also speaking against the appeal were Linda DeHart, Terry Tannemout, Mary Jo Greco, John Hulme and Lois Perry. No one else wished to speak, Mrs. Benjamin moved hearing be closed. Mayor Ventura seconded. Carried unanimously. After further discussion, Mrs. Benjamin moved to deny the appeal and does not find Planning erred in their decision. Mr. Daily moved to amend the motion and modify condition (2) to read, "prohibit any meeting being held after 5:30 p.m. and limit these meetings to two a year. All staff meetings to be held in building across the street". Mrs. Benjamin accepted amendment to the motion. Mr. Daily seconded. Carried by a vote of three ayes. Mayor Ventura voting no. It was consensus of Council to direct Police to have regular spot checking on Hershner Court and report back regarding citations etc., in six weeks. The Town Attorney to draft necessary resolution for denial of appeal and present for Council consideration at the next regular meeting. MINUTES-SEPTEMBER 6, 1983 Discussion was held on minutes of September 6, 1983. Corrections were made on the vote regarding Rental Mediation fees and requested Clerk listen to tape regarding Mayor's comments on Cable TV status report. Mrs. Benjamin moved to accept minutes of September 6, 1983 as corrected. Mayor Ventura seconded. Carried unanimously.. MINUTES-SEPTEMBER 13, 1983 Mayor Ventura moved minutes of special called meeting of September 13, 1983 be approved as submitted. Mrs. Benjamin seconded. Carried unanimously. WRITTEN COMMUNICATIONS (for action) a. Report on petition received from John Dahl et al regarding parking in the area of Fisher Junior High School. Mrs. Benjamin moved to direct the Police Department to continue enforcement of the existing regulations on Nino Avenue adjacent to Fisher School and as suggested by Mayor Ventura direct staff to present follow-up report at the first meeting in November. Mayor Ventura seconded. Carried unanimously. Mr. Dahl presented a letter to Council stating the petitions concurred in the recommendation contained in the staff report that the existing no parking signs be enforced. b. Letter from the Photographic Guild requesting waiver of fees for the use of the Neighborhood Center. Mr. Daily moved Council approve the Photographic Guild's request and waive the fees for the use of the Neighborhood Center on November 4th and 5th. Mrs. Benjamin seconded. Carried unanimously. c. Letter from the Chamber of Commerce requesting permission to hold sidewalk sales on November 4th and 5th, 1983. Mr. Daily moved Council grant the request subject to the applicant being required to coordinate facility use with the Parks Department and applicant be responsible for clean-up. Mrs. Benjamin seconded. Carried unanimously. d. Letter from Arthur Hill requesting Council permission to have food booths at Oak Meadow Park in conjunction with Nuclear Freeze Walkathon to be held October 1, 1983. Mrs. Benjamin moved for approval of the request, subject to conditions that may be imposed by the Parks Department and final approval by the County Health Department. Mr. Ferrito seconded. Carried unanimously. e. P. g.& E. application no 83-08-65. Mr. Daily moved Council oppose request. Mrs. Benjamin seconded. Carried unanimously. f. Resignation of Patti Wilson from the Cultural Resource Commission. Mr. Daily moved to accept resignation with regret and direct staff to prepare appropriate Resolution of Commendation. Clerk to advertise the vacancy. Mrs. Benjamin seconded. Carried unanimously. g. Application of Seasons Friendly Eating Place, 165 Saratoga Avenue, for alcoholic beverage license. Staff informed Council they have advised the restaurant that Planning is advising ABC that no license be issued and the processing of application be stopped at this point. h. Letter from City Selection Committee asking Council to consider nominating a member of the Council to succeed Councilman W. Podgorsek as a member of LAFCO. Mrs. Benjamin nominated Mr. Ferrito who declined the nomination due to lack of time to dedicate to the position. Mr. Daily nominated Brent Ventura who accepted the nomination. Council vote was unanimous for the nomination. i. Request from the Santa Clara Valley Water District regarding reappointment of representative to the Central and North Central Flood Control Zone Advisory Committee. Mr. Daily moved for reappointment of James Van Houten as the representative of the Town to the committee and Gary Wolfinger as his alternate. Mayor Ventura seconded. Carried unanimously. AUGUST WARRANT DEMANDS Mr. Daily moved Council approve the warrant demands for the month of August, 1983. Mrs. Benjamin seconded. Carried unanimously. FINANCIAL STATEMENTS FOR AUGUST Mrs. Benjamin moved Council accept the financial statements for August, 1983 from the Town Clerk's Office. Mr. Daily seconded. Carried unanimously. TREASURER'S REPORT-JULY AND AUGUST Mrs. Benjamin moved to accept the Treasurer's report for the months of July and August, 1983. Mr. Daily seconded. Carried unanimously. SAN BENITO ANDREWS AND SARATOGA AVENUE DIVERTERS Mr. Daily moved to accept staff recommendation and continue the hearing to November 7, 1983 to permit a minimum of 30 days trial period with the traffic signals at N. Santa Cruz Avenue and Andrews Street operational. Mrs. Benjamin seconded. Carried unanimously. GENERAL PLAN AMENDMENT TO DOWNTOWN SPECIFIC PLAN Mr. Daily moved this public hearing be continued to October 17, 1983. Mrs. Benjamin seconded. Carried unanimously. APPEAL-PLAN FOR DWELLING AT 232 MASSOL Mayor Ventura stated this was the time and place duly published for public hearing to consider the appeal of Planning Commission's decision on Architecture and Site Application S-81-70A, denying the request for approval of plans to construct a two family dwelling in the R-1D-LHP Zone (232 Massol Avenue). Lee Bowman reported on Planning Commission's denial of request, as they felt the house is not in keeping with the Almond Grove area. Mr. Patterson, owner and appellant, spoke for the appeal as his proposed house was not much bigger than other houses that Planning has approved in the last two years. He presented an additional plan showing how building is placed on the lot and referred to Granny Flats proposal which it was his understanding that Council was encouraging due to lack of housing for the elderly. Ann Valk, 240 Massol Avenue, spoke in opposition of the building as she feels it takes up to much of the lot but favors the secondary unit. Bella Goins, spoke in favor of the building. Lois Chapson spoke on her concerns regarding paving of alleyways. No one else wished to speak on this issue. Mrs. Benjamin moved hearing be closed and Mr. Daily seconded. Carried unanimously. Discussion was held on possibility of Mr. Patterson going back to Planning Commission with an alternative plan. Mr. Ferrito moved the appeal be denied and Council refer this back to Planning Commission (without any additional fees) giving Council concerns that (1) size of the house does violate the spirit of the LHP Zone (2) it was not the intent of RID Zone to encourage large homes and secondary units. Mayor Ventura seconded. Carried by a vote of three ayes. Mrs. Benjamin voting no. The Town Attorney directed to prepare necessary resolution for Council consideration at the next meeting. GENERAL PLAN AMENDMENT & EIR REPORT Mayor Ventura stated this was the time and place duly noted for public hearing on the General Plan and EIR report. Russ Louthian, Chairman of the Community Services and Development Commission, submitted the following recommendations: Sec. 2.0 LAND USE ELEMENT. Bed and Breakfast Inns should be allowed in residential zones. Sec. 3.0 HOUSING ELEMENT. Section 3-6 should read, "The secondary units remains rental only. Sec. 12.0 ENERGY ELEMENT. CSDC felt that the "installation of basic energy conservation measures", should be reinstated. Sec. 13.0 COMMUNITY DESIGN ELEMENT. Their recommendation is to delegate the entire element. Lela Austin spoke on her concerns regarding need to legalize secondary units in hillside area. Also speaking on the report was Lois Chapson. After some discussion, Mrs. Benjamin moved this be continued to October 17, 1983. Mr. Daily seconded. Carried unanimously. VERBAL COMMUNICATIONS Mr. Dan Overhouse, 120 Wooded View Drive, spoke on his concerns regarding slides in that area and when that matter would be on the agenda. Council directed the Town Attorney and Town Manager to meet with Mr. Overhouse on Wednesday, September 21, 1983. To discuss this matter. BASS TASK FORCE REPORT Gary Eller, 71 Broadway, spoke on report that has gone through Intergovernmental Committee, stating this has been passed by Cities of Santa Clara, Gilroy, Monte Sereno, Campbell, San Jose, Cupertino, Santa Clara Board of Supervisors and Los Gatos Planning Commission, and urges the Town Council to accept or adopt in principal the staff report. Mrs. Benjamin moved to accept staff report and as suggested by Mr. Ferrito, the Town will continue their way of noticing and way of handling minor applications and this report to be forwarded to IGC. Mr. Daily seconded. Carried unanimously. RENTAL MEDIATION ORDINANCE INTERPRETATION Mayor Ventura moved this be referred back to the Rental Advisory Committee for further study. Mrs. Benjamin seconded. Carried unanimously. ORDINANCE PROHIBITING SLEEPING IN CARS Mayor Ventura moved for adoption of Ordinance No. 1592 entitled, ORDINANCE AMENDING CHAPTER 16 OF THE TOWN CODE TO PROHIBIT SLEEPING IN CARS. Mrs. Benjamin seconded. Carried unanimously. USE OF TOWN FACILITIES It was consensus of Council to continue this to October 17, 1983. REVISED PERSONNEL ORDINANCE Mayor Ventura moved for the adoption of Ordinance No. 1593 entitled, AN ORDINANCE OF THE TOWN OF LOS GATOS REPEALING ORDINANCE 828 AND ADOPTING ORDINANCE NO. 1593 CREATING AND ESTABLISHING A CIVIL SERVICE SYSTEM FOR THE TOWN. Mrs. Benjamin seconded. Carried unanimously. JOB RESEARCH PROGRAM MODIFICATIONS Mr. Daily moved to accept staff recommendation and approve the age eligibility for the Job Search Program to be 26 to 54 years of age and approve a non-resident member fee of $20.00 for Job Search Services. Mayor Ventura seconded. Carried unanimously. 1983 NEEDS ASSESSMENT REPORT Mr. Daily moved to refer the 1983 Needs Assessment report to the Community Services and Development Commission for further study and report by January 1984. Mr. Ferrito seconded. Carried unanimously. VEHICLE LOAD LIMITATION ON CYPRESS WAY Engineer reported the necessity of this urgency ordinance to allow heavy vehicles to travel on this road while slide area is being repaired. Mayor Ventura moved reading be waived for the Urgency Ordinance No. 1594. Mr. Daily seconded. Carried unanimously. Town Clerk read title. Mayor Ventura moved for adoption of Ordinance No. 1594 entitled, AN URGENCY ORDINANCE OF THE TOWN OF LOS GATOS DELETING SECTION 16-97 PROHIBITING THE USE OF CERTAIN STREETS BY ANY VEHICLE EXCEEDING A GROSS WEIGHT LIMIT OF FIVE TONS. Mrs. Benjamin seconded. Carried unanimously. ORDINANCE DECREASING TOWN MEDIATION FEES Mr. Ferrito moved for adoption of Ordinance No. 1595 entitled, AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING SECTION 14.60.010 OF THE TOWN CODE TO DECREASE THE REGULATORY FEE FOR THE RENTAL MEDIATION PROGRAM. Mr. Daily seconded. Carried by vote of three ayes. Mayor Ventura abstained. AB 998 The Town Manager stated bill AB 998 provides for a statute of limitations on General Plan challenges and is before the Governor now awaiting this signature. Mr. Ferrito moved Council write Governor Deukmejian urging him to veto AB 998. Mayor Ventura seconded. Carried unanimously. ADVERTISE FOR OPENINGS ON BOARD AND COMMISSION Council directed the Town Clerk to advertise for an opening on the Los Gatos Community Cablevision Board and also the opening on the Cultural Resource Commission. ADJOURNMENT At 1:15 a.m., Tuesday, September 20, 1983, the Mayor declared the meeting adjourned to 8:00 p.m., Monday September 26, 1983 for interviews of Council applicants.