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M 10-17-83TOWN OF LOS GATOS TOWN COUNCIL MEETING OCTOBER 17, 1983 TOWN COUNCIL The Town Council of the Town of Los Gatos met in the Council Chambers of the Town Hall at 8:30 p.m., in regular session. OATH OF OFFICE/NEW COUNCIL MEMBERS The Town Clerk gave the oath of office to the newly appointed Council member, Eric Carlson, prior to the meeting and prior to the holding of interviews. ROLL CALL PRESENT: Joanne Benjamin, Eric Carlson, Terrence J. Daily, Thomas J. Ferrito and Mayor Brent Ventura. ABSENT None. PLEDGE OF ALLEGIANCE Given by all in attendance. CLOSED SESSION REPORT The Town Manager stated Council had met in a Closed Session prior to the Council meeting and discussed the following: Potential litigation; Los Gatos Athletic Club litigation; National Convenience Stores litigation; City of San Jose (Cambrian Golf Course property); County of Santa Clara; Toll House litigation; Novitiate litigation; Labor relations matter and a personnel matter. APPOINTMENTS-COMMUNITY SERVICES AND DEVELOPMENT COMMISSION Mayor Ventura stated nominations were open for the two vacancies of the Community Services and Development Commission. Six applications were received for this position. Mrs. Benjamin nominated Terry Dowell. Mr. Carlson nominated Terry Dowell. Mr. Carlson nominated Tim Coughlin. Mr. Daily nominated Mr. Hulme and Mayor Ventura nominated Terri Raynauld. No Further nominations were made. Mayor Ventura declared nominations closed. Voting was held and Terry Dowell and Timothy Coughlin received the majority of the votes and were appointed to said commission. Timothy Coughlin to fill the unexpired term of Dennis Burrows and Terry Dowell to fill the unexpired term of Catherine Smith. APPOINTMENTS-CULTURAL RESOURCE COMMISSION Mayor Ventura stated nominations were now open for one vacancy on the Cultural Resource Commission to fill the unexpired term of Patti Wilson. Four applications were received. All applicants were nominated. Voting was held and Ethel Worn received the majority of the votes and was appointed to said commission. APPOINTMENTS-YOUTH ADVISORY COMMISSION ADULT MEMBER Mayor Ventura stated nominations were now open for two vacancies on the Youth Advisory Commission for adult members. Six applications were received. Two applicants were not eligible as they were not residents of the Town. The four remaining applicants were nominated for the vacancies. Voting was held and Gilda Forrester and Judith Baliel-Jessen received the majority of votes and were appointed to the commission as adult members. APPOINTMENTS-YOUTH ADVISORY COMMISSION YOUTH MEMBERS Mayor Ventura stated there are seven vacancies on said Commission. Two members to be Jr. High School students and 5 members to be High School students. Mrs. Benjamin moved to change the Resolution to have six High School students and two Jr. High students. Mr. Daily seconded. Carried unanimously. Mr. Carlson moved to appoint the following students: Beth Edwards, Jr. High; Kimberly Forrester, Karen Warren, Julie Nunez, Stephanie L. Schmitt and Amy Becker all High School Sophomores; and Cristin Clarke, High School Senior. Authorize the clerk to advertise for one more vacancy for a Jr. High student. Mrs. Benjamin seconded. Carried unanimously. The Town Attorney to prepare a Resolution to change membership of Commission and present for Council consideration at the next regular meeting. SELECTION OF VICE-MAYOR Mrs. Benjamin moved Council select Thomas J. Ferrito. Mr. Daily seconded. Carried by a vote of four ayes. Mr. Ferrito abstained. POLICE DEPT. USED VEHICLES Mr. Daily moved Council approve the purchase of two (2) used cars from the Hertz Corporation for a combined price of $11,800 plus tax. Total price of $12,567. Mrs. Benjamin seconded. Carried unanimously. RECREATION BUILDING REROOFING Mr. Daily moved Rouncil award the contract for the work to Radoncih Roofing in the amount of $18,780.00; authorize the Mayor to sign the contract on behalf of the Town and approve a supplemental appropriation of $12,000.00 from the General Fund Appropriated Reserve. Mrs. Benjamin seconded. Carried unanimously. WRITTEN COMMUNICATIONS (file/referral) a. Letter from O.L. Johns regarding various complaints concerning his property at 151 N. Santa Cruz Avenue. Mr. Daily moved this be referred to the Town Attorney and Police Chief. Mrs. Benjamin seconded. Carried unanimously. b. Letter from the Los Gatos Park Commission. Mr. Daily moved this be held for the October 24th joint meeting to be held with Council. Mrs. Benjamin seconded. Carried unanimously. c. Youth Employment Program Annual Report. Mr. Daily moved this be placed on file. Mrs. Benjamin seconded. Carried unanimously. d. Notice of Non-renewal of Heintz-Williamson Contract. Mr. Daily moved this be noted and filed. Mrs. Benjamin seconded. Carried unanimously. e. Letter from Alice Thorsby regarding zoning of 500 Monterey Avenue. Staff reported that subject property was rezoned as part of the Downtown Specific Plan in 1982. Mrs. Thorsby appeared at both the Planning Commission and Town Council hearings and objected to the rezoning at that time. Mr. Daily moved this be filed. Mrs. Benjamin seconded. Carried unanimously. SCHEDULE OF PUBLIC HEARINGS Council information only. SHANNON ROAD NO. 17 ANNEXATION Mr. Daily moved to accept staff recommendation and refer further action on the proposed annexation indefinitely. Mrs. Benjamin seconded. Carried unanimously. NOTICE OF COMPLETION Mr. Daily moved to approve the Certificate of Acceptance and Notice of Completion for 15600 Los Gatos Boulevard, Countryman Cadillac (Jones). Mrs. Benjamin seconded. Carried unanimously. PLANNING COMMISSION POLICY AND PROCEDURES Information for Council. PLANNING COMMISSION ELECTION Council information from the Planning Commission that at the Planning Commission meeting of September 28, 1983, Tom Baer was elected Chairman and Barbara Spector Vice-Chairperson. BOCCI BALL COURT IMPROVEMENTS PROJECT 288-PF The Town Engineer reported on September 6. 1983, the Town Council approved staff recommendation to reject all bids for subject project. The bid documents have been revised to call for new bids on November 10, 1983. Mr. Daily moved to accept staff recommendation and instruct the Town Clerk to readvertise for call for bids. Mrs. Benjamin seconded. Carried unanimously. LOS GATOS BOULEVARD NO. 9 ANNEXATION Mr. Daily moved for adoption of Resolution No. 1983-194 entitled, A RESOLUTION APPROVING THE ANNEXATION OF CERTAIN UNINHABITED TERRITORY DESIGNATED AS LOS GATOS BOULEVARD NO. 9 TO THE TOWN OF LOS GATOS. Mrs. Benjamin seconded. Carried by a vote of four ayes. Mayor Ventura abstained. PARKING PROHIBITION CAMELLIA TERRACE Mr. Daily moved for adoption of Resolution No. 1983-195 entitled, PARKING PROHIBITION- CAMELLIA TERRACE. Mrs. Benjamin seconded. Carried unanimously. N. SANTA CRUZ AVENUE-LIMITED TIME PARKING Mr. Daily moved for adoption of Resolution No. 1983-196 entitled, ONE (1) HOUR LIMITED TIME PARKING NORTH SANTA CRUZ AVENUE. Mrs. Benjamin seconded. Carried unanimously. Discussion was held on the above parking with regards to the signal light at N. Santa Cruz and Andrews being operational soon. It was consensus of Council to have a thirty day period that this signal is operational before hearing on the Diverters, and the signalization. Due to the extension of time and delay of the signal being operational it was consensus of Council to schedule the public hearing for December 5, 1983. PURCHASE OF USED STATION WAGON FOR ENGINEER DEPT. Mr. Daily moved for adoption of Resolution No. 1983-197 entitled, RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS TO APPROVE SPECIFICATIONS FOR THE PURCHASE OF A USED MEDIUM SIZE STATION WAGON. Mrs. Benjamin seconded. Carried unanimously. FINAL TRACT MAP 7395 Mr. Daily moved for adoption of Resolution No. 1983-198 entitled, RESOLUTION APPROVING AND ACCEPTING FINAL MAP OF TRACT NO. 7395. Mrs. Benjamin seconded. Carried unanimously. REVOCABLE PERMIT-119 HILLBROOK DRIVE Mr. Daily moved for approval of request for revocable permit to construct a retaining wall in a public right-of-way at 119 Hillbrook Drive for Al Slutman. Mrs. Benjamin seconded. Carried unanimously. TRAFFIC SIGNALS AT LARK & OKA Discussion was held on the participation of costs regarding installation of said signal. Mr. Carlson spoke on his concerns regarding who should bare cost. After further discussion, it was consensus of Council to hold this item over to the next regular meeting and ask staff to furnish additional information. IMPLEMENTATION STORAGE OF HAZARDOUS MATERIALS Report to Council that staff has been working with Chief Sporleder regarding the implementation of the Hazardous Material Storage Permit Ordinance. SARATOGA AVENUE WIDENING-PROJECT 283-GF Mr. Daily moved for adoption of Resolution No. 1983-199 entitled, RESOLUTION APPROVING THE RIGHT-OF-WAY AGREEMENT WITH SHELL OIL COMPANY; authorize payment of $80,325.00 to Shell Oil Company through escrow; and adopt Resolution No. 1983- 200 entitled, RESOLUTION APPROVING THE QUIT CLAIM DEED WITH SHELL OIL COMPANY. Mrs. Benjamin seconded. Carried unanimously. COUNTY REFERRALS Mr. Daily moved to accept staff report on County referrals as follows: 275-31-38-78Z-78P-83 Summit Road Wieser Time Extension of use as a kennel. 2020-38-30-83P-83A 23185 Summit Road LDS Church Architecture and Site approval and Use Permit to build a Church No comment. 2013-30-48-82LA Aztec Ridge Road Hogan Lot line adjustment. This application would adversely affect the Town, however, the Council may wish to go on record expressing concern over the future of the two lots and the ridge (parcel A and B) and requesting the continued cooperation of the County in the future. Mrs. Benjamin seconded. Carried unanimously. RESOLUTIONS OF COMMENDATION Mr. Daily moved for adoption of the following Resolutions of Commendation: Resolution No. 1983-201, Commending Lela Austin Resolution No. 1983-202, Commending Patti Wilson Resolution No. 1983-203, Commending Charles Drummond Resolution No. 1983-204, Commending Kimberly Forrester Resolution No. 1983-205, Commending John Bewley Resolution No. 1983-206, Commending Steven White Resolution No. 1983-207, Commending Julie Nunez Resolution No. 1983-208, Commending Colette Craycroft Resolution No. 1983-209, Commending John Thomas Mrs. Benjamin seconded. Carried unanimously. POSITION CLASSIFICATION ATTORNEY SECRETARY Mr. Daily moved for adoption of Resolution No. 1983-210 entitled, A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS APPROVING AN AMENDMENT TO TOWN'S POSITION CLASSIFICATION PLAN. Mrs. Benjamin seconded. Carried unanimously. CAMBRIAN GOLF COURSE PROPERTY Mr. Daily moved to accept staff recommendation and authorize the transfer of $1,413.23 from General Fund Contingency to General Town Administration/Contractual Services. Mrs. Benjamin seconded. Carried unanimously. PLANNING REPORT Mr. Daily moved to accept Planning Departments monthly report for October, 1983 including October-December work priorities. Mrs. Benjamin seconded. Carried unanimously. CONTRACT FOR MOSQUITO ABATEMENT SERVICES Mr. Daily moved for adoption of Resolution No. 1983-211 entitled, A RESOLUTION AUTHORIZING CONTRACT WITH THE COUNTY OF SANTA CLARA HEALTH DEPARTMENT, for mosquito control and Town Manager be authorized to execute said contract. Mrs. Benjamin seconded. Carried unanimously. COMMENDATION OF APPRECIATION MARLYN RASMUSSEN Mr. Daily moved for adoption of Resolution No. 1983-212 entitled, A RESOLUTION COMMENDING MARLYN J. RASMUSSEN. Mrs. Benjamin seconded. Carried unanimously. HANDICAPPED PARKING-PEDRO'S RESTAURANT Mr. Daily moved for adoption of Resolution No. 1983-213 entitled, HANDICAPPED PARKING-VILLAGE LANE. Mrs. Benjamin seconded. Carried unanimously. BACHMAN AVENUE PARKING PROHIBITIONS Mr. Daily moved for adoption of Resolution No. 1983-214 entitled, PARKING PROHIBITION- BACHMAN AVENUE. Mrs. Benjamin seconded. Carried unanimously. EX-AGENDA ITEMS Mrs. Benjamin moved the following agenda items be added: 29e. Request for street closure of New York Avenue by the Los Gatos Youth Park, Inc. 41c. P.O. Hanneson claim for damages 55. Discussion of Saratoga Avenue landscaping 56 Moody Gulch logging Mr. Daily seconded. Carried unanimously. MINUTES-SEPTEMBER 19TH & SEPTEMBER 26TH Mr. Ferrito stated there was one correction of said minutes. Page 2, Subject-San Jose Referral (McBain), first sentence to read, "Mr. Ferrito questioned staff... Mrs. Benjamin moved minutes of September 19, 1983 be approved as corrected and minutes of September 26, 1983 be approved as submitted. Mr. Daily seconded. Carried unanimously. WRITTEN COMMUNICATIONS (for action) a. Letter from Lee E. Dimter regarding policy on received information from Police report on this request. Mrs. Benjamin seconded. Carried unanimously. b. Notice regarding PG&E application no. 83-09-49 requesting rate increases. Mr. Daily moved Council oppose the rate increase application. Mr. Ferrito seconded. Carried unanimously. c. Letter from Pacific West Track Club requesting permission to hold a foot race on Saturday, November 19,2983, to benefit Billy Jones Wildcat Railroad. Mrs. Benjamin moved request be granted. Mr. Daily seconded. Carried unanimously. d. Letter from Mark Erickson resigning from the Los Gatos Retirement Board. Mr. Daily moved Council accept the letter of resignation with regret, direct that a Resolution of Appreciation be drafted and direct the Town Clerk to advertise a vacancy on the Retirement Board. Mr. Carlson seconded. Carried unanimously. e. Letter from the Los Gatos Youth Park stating they will host their Annual Youth Park Day on Saturday, October 29, 1983, and requesting permission to close New York Avenue, behind the Los Gatos High tennis courts, between the hours of 8:00a.m. and 1;00 P.M. Mrs. Benjamin moved the request be granted. Mr. Daily seconded. Carried unanimously. SEPTEMBER PAYROLL Mr. Daily moved Council approve the September, 1983 payroll in the amount of $217,184.84. Mrs. Benjamin seconded. Carried unanimously. WARRANT DEMANDS FOR SEPTEMBER Mr. Daily moved Council approve warrant demands for September, 1983. Mrs. Benjamin seconded. Carried unanimously. FINANCIAL STATUS REPORT Mr. DaILY moved Council accept the Financial Status Report for the month of September, 1983. Mrs. Benjamin seconded. Carried unanimously. ILLEGAL REMOVAL OF TREES Mr. Ferrito moved this hearing on Zoning Ordinance Amendment A-83-5 be continued to January 3, 1984. Mrs. Benjamin seconded. Carried unanimously. AMENDMENTS-DOWNTOWN SPECIFIC PLAN GP-83-3 Mayor Ventura stated this was the time and place for public hearing on General Plan Amendment GP-83-3 concerning amendments to the text of the Downtown Specific Plan, which is a part of the General Plan, concerning parking and circulation. Lee Bowman gave a presentation regarding data on floor area ratio in comparison to parking. This data was from the Downtown Parking Survey completed in October, 1982. Mr. Philip Vlamis spoke on the issue. No one else wished to speak, Mr. Ferrito moved hearing be closed. Mrs. Benjamin seconded. Carried unanimously. Mr. Carlson moved Council make the Negative Declaration. Mr. Ferrito seconded. Carried unanimously. Mr. Carlson moved to accept staff recommendation and change Resolution under subsection 4 to read, "Limit to 60% (F.A.R. .6)....", and "F.A.R.) of .6 for the C-2 zone.... Mayor Ventura seconded. Carried unanimously. RECESS Mayor Ventura declared a recess. Meeting reconvened at 9:40 p.m. AMENDMENTS-DOWNTOWN SPECIFIC PLAN Further discussion was held on the Downtown Specific Plan regarding the acquisition of land downtown and the development of the formula. Mayor Ventura questioned the alternatives regarding construction of additional parking facilities. Mr. Bowman explained various plans the parking committee had studied. Mr. Carlson moved to reaffirm the Planning Commission's recommendations and direct the Town Attorney to prepare a Resolution incorporating Council's suggestions regarding the "floor area ratio" and present to Council for their consideration at the next regular meeting. Mr. Daily seconded. Carried unanimously. GENERAL PLAN AMENDMENT GP-83-1 AND EIR-83-1 Mayor Ventura stated this was the time and place duly noted for continued public hearing to consider a draft Environmental Impact Report and a revised Town General Plan to include the following mandated or permissive elements: Land Use Conservation Housing Safety Circulation Seismic Safety Route 85 Noise Scenic Street & Highways Energy Open Space Community Design Human Services Harvey Matthiessen, 251 Kingston Hill Way, spoke on the land use element favoring bed and breakfast facilities in residential areas, and urged the Council to reinstate the option which would permit bed and breakfast places. Mardi Bennett, 39 Alpine Avenue, spoke on the past history of General Plan with regards to bed and breakfast houses and why Planning had stricken it from the General Plan. Mrs. Bennett presented a petition favoring bed & breakfast houses in residential areas. Others speaking in favor were Jolene Callahan, 209 Highland Terrace; Terry Reed, 135 Vinyard Court; Mary Dudley, 135 Central Avenue; Richard LeClair, 235 Alexander Avenue; Margaret Mills, 79 Alpine Avenue. Mr. Starry, 78 Alpine Avenue, presented a petition signed by residents in the area of Alpine Avenue opposing bed and breakfast houses in residential areas and supported the proposed General Plan Amendment. Others speaking in opposition were Allen Beatty, 76 Alpine Ave.; Lee Belden, 55 Ellenwood Ave. and Aurora Salitto, 16790 Frank Ave. Perry Burr, Architect, representing Tom Yuki spoke on the rezoning of 16 acres of Yuki property located west of Highway 17 at Lark Avenue. Shelly Williams representing the West Valley Multi-Modal Task Force, urged Councils full support on building of Corridor 85 in 1985. Joe Riggio, representing the Los Gatos Elementary School District, spoke on the rezoning of school property on Shannon Road. Georgia Howes, 51 University Ave., representing the Board of Realtors, spoke on the Housing, Energy Element and land use of the General Plan. Tom Baer, Chairman of the Los Gatos Planning Commission, spoke to Council regarding the Bed and Breakfast issue of the General Plan. Mrs. Karey Tonnesen, 763 Blossom Hill Rd., spoke on plans for conversion of said property into four one bedroom apartments and urged Council's approval of same. Mr. Ferrito stated this is not a General Plan question but maybe staff could look into this. After further discussion and comments from Council members, Mr. Carlson moved this hearing be continued to November 7, 1983. Mr. Ferrito seconded. Carried unanimously. Mayor Ventura requested from staff the total number of hotel/motel rooms in Los Gatos and the comparable communities in the County and any ordinances. CERTIFICATE OF COMPLIANCE-16055 & 166085 CAMINO DEL CERRO Mayor Ventura stated this was the time and place duly noted for continued public hearing to consider the appeal of Planning Commission approval of Certificate of Compliance on subdivision application M-77-5A for property located at 16055 and 16085 Camino del Cerro. Mr. Gordon, owner of property at 16055 Camino del Cerro, spoke on the appeal stating that conditions of Certificate of Compliance have not been met. The lower lot does not meet requirements and he asks Council to preserve the hillside and protect low density housing, as noted in the General Plan in the area and asked that the land be kept in the R-1:30,000 zone. Box Saxe, representing Mr. Carstens, spoke on the issue and for Mr. Carsten is just trying to correct this long standing problem which started when this property was still in the County area. John Hulme spoke on issue suggesting the granting of subdivision with condition the lower lot not be buildable lot. No one else wished to speak on this issue, Mr. Ferrito moved hearing be closed. Mr. Daily seconded. Carried unanimously. Mr. Ferrito moved to grant the appeal as Planning erred as it did not consider who created the problem. Mr. Levin did not create the problem. Mr. Carstens cannot develop his lot and as stated by the Mayor, the Carsten's parcel does not meet current zoning standards and the access is not owned in fee. Mayor Ventura seconded. Carried by four ayes. Mr. Carlson abstained. The Town Attorney to prepare appropriate Resolution for Council consideration at the next regular meeting. VERBAL COMMUNICATIONS Mr. Fred Long, 146 Belridge Drive, spoke on slide problems on his property and request Council to grant an egress permit which would allow Mr. Long to build a wall to engineering specifications subject to the approval of Town staff. The Town Engineer stated what Mr. Long is asking for is probably a revocable permit. Mayor Ventura moved Council authorize staff to issue revocable permit subject to Town Engineer approval. Mr. Daily seconded. Carried unanimously. RENTAL MEDIATION AMENDMENTS TO ORDINANCE The Town Attorney, Mr. Hays, referred to report of Rental Advisory Committee and their recommendation regarding amendment to Chapter 24 of the Los Gatos Town Code to allow a minimum rent increase of 5%. Harryette Shuell, representing RAC, spoke on the proposed changes in Ordinance. Bill Errico, member of RAC representing apartment owners, referred to letter from Tri-County Apartment Association opposing change in the Ordinance and requested Council to leave Ordinance as is. Randy Grimes, 121 Massol Avenue, spoke on apartment owner's refinancing, increasing rents and not upgrading their property but sells the property. He feels there should be an amendment to Ordinance stating refinancing passthrough not be allowed unless landlord puts money back into the property. CONTINUATION-OF MEETING Due to lateness of the hour Mr. Carlson moved to continue hearing and take further testimony. Mr. Daily seconded. Carried by four ayes. Mr. Ferrito was out of the room. RENTAL MEDIATION (CONTINUED) Bobbie Crafford spoke on need for stability in said Ordinance and requested Council to leave Ordinance as is. After further discussion, Mr. Daily moved to amend Section 24.70.015 to read "Annual rent increases shall not exceed the 70% CPI ceiling or 5% whichever is greater, unless the Hearing Officer determines that other factors under a larger increase reasonable."; and direct Attorney to prepare necessary Ordinance. Motion dies for lack of second. Mr. Daily moved to take both issues, amend Section 24.70.015 to state, "Annual rent increases shall not exceed the 70% CPI ceiling or 5% which ever is greater, unless the hearing Officer determines that other factors under a larger increase reasonable."; and reflect debt service passthrough provisions be allowable only when debt service has been attributable to improvements of the property. Mr. Ferrito seconded. Mr. Carlson asked for amendment to motion regarding pass through debt service stating this should be allowed if owner is paying off an existing debt on property. Mr. Daily and Mr. Ferrito accepted amendment. Motion carried by a vote of four ayes. Mayor Ventura abstained. The Town Attorney referred to question that if landlord chooses to go under 24.070.020 can he get both increase debt service and increase cost or must he choose one. Mr. Ferrito moved to adopt the interpretation that landlord can only choose one of the three that apply under this section. Mr. Daily seconded. Carried by a vote of three ayes. Mr. Carlson voting no and Mayor Ventura abstained. The Town Attorney was directed to prepare appropriate Ordinance for Council consideration at the next meeting. VARIANCE REQUEST FOR 16773 LARK AVENUE-BUILDING APPEAL Mr. Thomas Yuki spoke on his request for a variance from section 25-16 of the Town Code to allow him to put in septic system instead of connecting to the sewer system of the Town. After some discussion, Mr. Carlson moved grant the appeal and allow the construction of a private sewage disposal system in accordance with Santa Clara Health Department standards. Mrs. Benjamin seconded. Carried unanimously. ADJOURNMENT Mayor Ventura declared the meeting adjourned at 1:20 a.m. to be continued to October 24, 1983 at 6:30 p.m., to finish this agenda.