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M 06-06-83TOWN COUNCIL MEETING TOWN OF LOS GATOS JUNE 6, 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 ROLL CALL PRESENT : Joanne Benjamin, Terrence Daily, Thomas J. Ferrito, Marlyn J. Rasmussen and Mayor Brent N. Ventura. ABSENT: None PLEDGE OF ALLEGIANCE Given by all in attendance. EX-AGENDA ITEMS Mr. Mora stated items number 9,17a, and 25 are removed from the agenda. Two Communications are to be added as ex-agenda items 17e and 17f. 17e)request from Valley Institute of Theater Arts to display a banner in the Town Plaza. 17f) resignation of Allen Slutman from the Planning Commission. CLOSED SESSION REPORT Mayor Ventura stated the following was discussed in Closed Session: a. Authorize the Town Attorney to file an appeal in the Toll House case. The vote was three ayes and two no votes by Mrs. Rasmussen and Mrs. Benjamin. b. Pedro's litigation. c. Personnel matter. d. Bergam claim e. Labor relations PRESENTATION POLICE EXPLORER POST Mayor Ventura read Resolution commending the Explorers for their service to the community. Mayor Ventura then presented the Resolution of Commendation to Officers Strom and members of the Police Explorer Post. PRESENTATION AMBASSADOR 11 GIRL SCOUTS Mrs. Rasmussen moved to adopt Resolution No. 1983-105 Commending Tiffany Yeun Resolution No. 1983-105 Commending Michelle Dwyer Resolution No. 198-06 Commending Leslie Fries Resolution No. 1983-107 Commending Joan Hunter Resolution No. 1983-108 Commending Dee Fanelli Resolution No. 1983-109 Commending Julie Nunez Resolution No. 1983-110 Commending Judy Hunter Resolution No. 1983-111 Commending Bobbi Fries Resolution No. 1983-112 Commending Kathleen Langley. Mayor Ventura seconded. Carried unanimously. Mayor Ventura read resolution commending the Ambassador Girl Scouts for their service to the community. Mayor Ventura then presented each member with their Resolution of Commendation. KENNEDY ROAD SIDEWALK-PROJECT 287 Mrs. Rasmussen moved to accept staff recommendation and release low bidder, Norman B Houge Construction, Inc. from their bid, and award the contract to the second low bidder, Neu Brothers in the amount of $35,816.00. Appropriate $13,000.00 from the General Fund Appropriated Reserve to cover difference between the budgeted amount and estimated total construction costs including 5% contingencies. Mr. Daily seconded. Carried unanimously. WRITTEN COMMUNICATIONS (file/referral) a. Letter from O>L> Johns, 151 N. Santa Cruz Ave, complaining about the bus traffic in front of his shop. Note and file. b. Letter from Kevin Ladewig, student at West Valley College, against the reinstating the Cruising Ordinance. Mrs. Rasmussen moved to authorize the Chief of Police to advise Mr. Ladewig of the Town's position on cruising. Mr. Daily seconded. Unanimously carried. c. Letter from Rinconada Hills Association regarding fire hazards on Quito Road and Old Adobe Road. Mrs. Rasmussen moved to refer letter to staff for report at the June 20, 1983 Council meeting. Mr. Daily seconded. Carried unanimously. d. Letter from P.G.&E. regarding PCB capacitor replacement program. Note and file. SCHEDULE OF PUBLIC HEARINGS Council Informational item. FEDERAL REVENUE SHARING FUNDS-FY 1983-84 Council Informational item. HENRY BURR DENYING DISABILITY RETIREMENT Mrs. Rasmussen moved to adopt Resolution No. 19830113 entitled, A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DENYING THE DISABILITY RETIREMENT APPLICATION OF HENRY A BURR. Mr. Daily seconded. Carried unanimously. NOTICE OF COMPLETION Mrs. Rasmussen moved Council approve Certificates of Acceptance and Notices of Completion for the following: a. Street Resurfacing-Project 267-SS (Raisch Construction) b. Reroofing the Service Center Building (California Roofing Co.) Mr. Daily seconded. Carried unanimously. WINCHESTER BOULEVARD IMPROVEMENTS PROJECT 263-GF Mrs. Rasmussen moved to adopt Resolution No. 1983-114 entitled, RESOLUTION APPROVING THE AGREEMENT WITH WATTIS CONSTRUCTION COMPANY and authorize the Mayor to sign for the Town. Mr. Daily seconded. Carried unanimously. SARATOGA AVENUE IMPROVEMENTS PROJECT 283-GF Mrs. Rasmussen moved Council approve the Negative Declaration for Project 283-GF, Saratoga Avenue Improvements. Mr. Daily seconded. Carried unanimously. AGREEMENT WITH COUNTY BUS STOP REPAIRS Item withdrawn from agenda/ LARK AVENUE/ROUTE 17 SOUTHBOUND ON/OFF RAMP Mrs. Rasmussen moved to continue this item to June 20, 1983. Mr. Daily seconded. Carried unanimously. CAMBRIAN GOLF COURSE PROPERTY Mrs. Rasmussen moved to accept staff recommendations and authorize the Mayor to write the City of San Jose to delay final action on this application meet with Town representatives and work out ways to mitigate the impact of this project on Los Gatos. The Town Attorney to also write a letter to the City of San Jose stating the legal objections to the E.I.R. and request any decision be postponed until a joint meeting with Town representatives can be arranged. Mr. Daily seconded. Carried unanimously. COUNTY REFERRALS Mrs. Rasmussen moved to accept staff recommendation on the County Referrals as follows: 1931-27-41-83B-83V 18215 Bayview Dr. Davis Single Residential Bldg. Site and Variance No comment. 825-32-56-79A W. side Bascom Ave. - Route 85 Condie/Halfhill Medical Office Building See report Mr. Daily seconded. Carried unanimously. PLANNING MONTHLY REPORT Council informational item. EIR CONSULTANT S Mrs. Rasmussen moved to accept staff recommendation and adopt Resolution No. 1983-115 entitled, RESOLUTION AUTHORIZING THE EXECUTION OF A CONTRACT FOR INITIAL STUDIES ( CALIFORNIA ENVIRONMENTAL QUALITY ACT); and authorize the Mayor to sign contracts with The Environmental Center; Larry Seeman Associates, Inc.; Environmental Science Associates, Inc., and Earth Metrics, Inc. for the Town. Mr. Daily seconded. Carried unanimously. JOBS BILL FUNDS Council informational item. MINUTES-MAY 16, 1983- Mrs Benjamin moved minutes of May 16, 1983 be approved as amended. Mr. Daily seconded. Carried unanimously. WRITTEN COMMUNICATIONS (for action) a. William Stephens et al, requesting limited time parking on Bachman Avenue nest to Eureka Federal Building. Held for Council meeting on June 20, 1983. b. Letter from Roger Sanford, 347 Massol Avenue, regarding Guadalupe College. Mr. Daily moved that Mr. Sanford be advised that any specific proposal for use of Guadalupe College should be submitted as a formal application through the Town Planning Department. Mayor Ventura seconded. Carried by a vote of four ayes. Mrs. Rasmussen voting no. c. Letter from Ian O. Humphries, 101 Millrich Drive, regarding increased traffic and noise on Winchester Boulevard. Mr. Daily moved to direct staff to advise Mr. Humphries that the Council is aware of the traffic on Winchester Boulevard but cannot support his proposal and advise that Los Gatos Boulevard still is residential in come areas and cannot take anymore traffic. Mrs. Rasmussen seconded. Carried unanimously. d. Letter from Paul Tyner, Communications Manager for Silicon Compilers, Inc., regarding installation of a signal at Albright Way and Winchester Boulevard. Mr. Ferrito moved for a staff report studying the possibility of a crosswalk in the vicinity of Albright way. This report deferred to the August 15, 1983 Council meeting. Mrs. Rasmussen seconded. Carried unanimously. e. Letter from the Valley Institute of Theater Arts requesting to display a banner in the Town Plaza. Mrs. Rasmussen moved request be denied. Mayor Ventura seconded. Carried unanimously. f. Letter from Al Slutman, Planning Commissioner, submitting his resignation from the Planning Commission. Mrs. Rasmussen moved to accept resignation with regrets and authorize staff to prepare a Resolution of Commendation for his service on the Planning Commission. Mr. Daily seconded. Carried unanimously. Mr. Ferrito moved to authorize the Clerk to advertise for two vacancies on the Planning Commission and set August 10, 1983 as deadline for accepting applications. Mrs. Rasmussen seconded. Carried unanimously. PAYROLL MAY 1983 Mrs. Rasmussen moved to approve the May, 1983 payroll in the amount of $204,248.87. Mrs. Benjamin seconded. Carried unanimously. TREASURERS REPORT-APRIL 1983 Mrs. Rasmussen moved to approve the Treasurer's monthly report for the month of April, 1983. Mrs. Benjamin seconded. Carried unanimously. 1982 UNIFORM FIRE CODE Mayor Ventura stated this was the time and place duly published for public hearing regarding adoption of the 1982 Uniform Fire Code. Mr. Hays, Town Attorney, recommended Council include in their motion authorization to include another section converting misdemeanors to infractions. No one wished to speak on this issue. Mrs. Rasmussen moved hearing be closed. Mrs. Benjamin seconded. Carried unanimously. Mrs. Rasmussen moved to waive the reading for ORDINANCE AMENDING VARIOUS SECTIONS OF CHAPTER 12 OF THE TOWN CODE TO ADOPT THE 1982 UNIFORM FIRE CODE. Mrs. Benjamin seconded. Carried unanimously. Deputy Clerk read title. Mrs. Rasmussen moved for introduction of the Ordinance with amendment. Mrs. Benjamin seconded. Carried unanimously. Mrs. Rasmussen moved to adopt Resolution No. 1983-116 entitled, RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS CONCERNING CHANGES IN THE UNIFORM FIRE CODE 1982 EDITION (reference to section 12.03.085). Mrs. Benjamin seconded. Carried unanimously. APPEAL VILLA VASONA Mayor Ventura stated this was the time and place duly published for public hearing regarding appeal of planning commissions approval of Architecture and Site Application S-83-14 (612 W. Parr Avenue-Villa Vasona). Gail Brough expressed her concern for a sprinkler system, therapeutic spa, solar hot water, laundry facilities in each building, air conditioning and a larger recreation area. Richard Gains, Richard Nicora, David Howell and Lois Chapson also spoke on this issue. Mr. Sheehan, Developer, discussed the 6 issues. 1) the sprinkler system will be installed; 2) the therapeutic spa is too costly and the State requires licensed personnel staffing spa; 3) drawings were submitted to the Building Department showing solar hot water; 4) he felt the recreation and laundry facilities are adequate and the laundry facility also serves as a social gathering area; 5) Tenants Association will be implemented when occupied; 6) Air conditioning was considered an extra added cost and not feasible at this time. Mr. Daily asked about placement of mail boxes. Mr. Sheehan stated they would be in each building subject to discussion with the Postmaster. Mayor Ventura questioned the removal of peaked roofs on the three story buildings. Mr. Bowman, Planning Director, stated they made the buildings appear too tall and this is not in keeping with Town policy. No one else wished to speak on this issue. Mrs. Rasmussen moved public hearing be closed. Mrs. Benjamin seconded. Carried unanimously. Mrs. Rasmussen moved to modify Planning Commission's decision to include laundry facilities in the three story buildings with a minimum of two washers and two dryers in each building and require a solar hot water system. Council finds Planning Commission erred in making its decision by not considering the distance to walk to laundry facilities and Planning did not know solar hot water would be funded by H.H.D. Mr. Ferrito seconded. Carried unanimously. The Town Attorney to submit Resolution with findings for Council consideration at the meeting of June 20, 1983. RECESS Mayor declared a recess. Meeting reconvened at 9:50 p.m. DEFINITION-"HOTEL" AND "MOTEL" Mayor Ventura stated this was the time and place duly published for public hearing regarding Zoning Ordinance Amendment A-83-4 concerning the definition of "Hotel" and "Boarding House", adding a definition of "Senior Citizen Boarding House", and allowing a senior boarding house with a Conditional Use Permit in various zones. Mr. Bowman, Planning Director, outlined his report to Council. Georgie Huff and Linda Smith answered Councils questions. No one else wished to speak on this issue. Mr. Ferrito moved public hearing be closed. Mr. Daily seconded. Carried unanimously. Mr. Ferrito moved reading be waived for ORDINANCE AMENDING THE ZONING ORDINANCE TO CHANGE THE DEFINITIONS OF "HOTEL" AND "MOTEL". Mrs. Benjamin seconded. Carried unanimously. Deputy Clerk read title. Mrs. Rasmussen moved ordinance be introduced. Mr. Daily seconded. Carried unanimously. GENERAL PLAN AMENDMENT DOWNTOWN SPECIFIC PLAN Mayor Ventura stated this was the time and place duly published for public hearing to consider General Plan Amendment GP-83-3 concerning amendments to the text of the Downtown Specific Plan which is part of the General Plan, concerning parking and circulation. Mr. Bowman outlined his report to Council. George Tobin spoke on this issue and answered Council's questions. Bob Cowan, 222 Tait Ave. and Deal Christensen, owner of Chrislow's also spoke on his issue. After discussion by Council, Mrs. Benjamin moved to continue this item to the August 15, 1983 Council meeting. Mrs. Rasmussen seconded. Carried unanimously. C.B. HANNEGAN'S APPEAL Mayor Ventura stated this was the time and place duly published for public hearing to consider appeals of Planning Commission decision to approve the Conditional Use Permit Application U-81-3A and requesting a change in the conditions of approval. Randall Reedy, Attorney for Hannegan's, requested to keep the present restricted hours for another three months, go back to the original hours for a six month trial and then return to Council for evaluation at the end of the nine month period. Bob Cowan, 222 Tait Ave.; Chris Benson and John Hannegan, owners of the restaurant, also spoke on this matter. Further discussion was held by Council. No one else wished to speak on this issue. Mrs. Rasmussen moved to retain the restricted hours for three months, grant unrestricted hours for six months, continue the public hearing until March 5, 1984, and staff return in three months with a report containing the same information as the June 6th Council report on Preferential parking. Council can then schedule a public hearing if it's necessary. Mrs. Benjamin seconded. Carried unanimously. PREFERENTIAL PARKING PROGRAM & SPECIAL TRAFFIC ENFORCEMENT DOWNTOWN AREA Council informational reports. CLAIM FOR DAMAGES-BARONE Removed from agenda ANIMAL CONTROL Held for the June 20, 1983 Council meeting. RENTAL MEDIATION Mr. Daily moved this item be postponed until the June 20, 1983 Council meeting. Mrs. Benjamin seconded. Carried unanimously. WOODED VIEW DRIVE SLIDE Mr. Van Houten discussed his report and answered Council's questions. Mr. Overhouse, Wooded View Drive, spoke in opposition to the staff report. Mrs. Rasmussen moved to accept staff recommendation and not participate in the cost of repairing the Wooded View Drive slide. Motion fails for lack of second. After further discussion, Mr. Ferrito moved to refer this item to staff with a confidential report from the Town Attorney regarding liability aspects. Report from staff pointing out specific area likely to make a claim based upon any policy and what the future holds. Mayor Ventura added to the motion, cost Town has spent cleaning up the slides last year and the year before. Mayor Ventura seconded. Carried unanimously. Report to be returned to Council at the meeting of August 1, 1983. CONTINUATION OF MEETING Mr. Daily moved to continue the meeting past midnight. Mayor Ventura seconded. Carried by a vote of four ayes. Mrs. Rasmussen voting no. LOS GATOS HERITAGE PRESERVATION SOCIETY COMMISSION Mr. Mora stated that the Los Gatos Heritage Preservation Society requested amendment to the Landmark and Preservation Overlay Zoning ordinance to establish a commission to review potential historic landmarks. Mrs. Bennett spoke in favor of the commission. Mayor Ventura moved to refer this item to the Planning Commission for comment and recommendation. Mrs. Benjamin seconded. Carried unanimously. TREE REMOVAL ORDINANCE Mr. Ferrito moved to refer Zoning Ordinance amendment to Planning Commission for the addition of section to provide City penalty for the illegal tree removal with fine based on cost recovery plus value of tree. Mrs. Benjamin seconded. Carried unanimously. URGENCY ORDINANCE SECOND UNITS (GRANNY FLATS) Mr. Ferrito moved reading be waived for URGENCY INTERIM ORDINANCE PRECLUDING SECOND UNITS UNDER GOVERNMENT CODE 65852.2(C). Mrs. Benjamin seconded. Carried unanimously. Deputy Clerk read title. Mrs. Benjamin moved Ordinance No. 1580 entitled, URGENCY INTERIM ORDINANCE PRECLUDING SECOND UNITS UNDER GOVERNMENT CODE 65852.2(C) be adopted. Mayor Ventura seconded. Carried unanimously. BUDGET FOR FY 1983-84 Council informational item. Budget will be discussed at hearings on June 13, 14, & 15, 1983. SCHOOL CROSSING GUARDS Mrs. Rasmussen moved to accept informational report. Mrs. Benjamin seconded. Carried unanimously. SANTA CLARA COUNTY MULTI-FAMILY PROGRAM This item held for further consideration. NEEDS ASSESSMENT REPORT Jill Cody, Community Programs Director, spoke on the needs Assessment Town Report Card report. On consensus of Council, Mayor Ventura appointed Joanne Benjamin and Terrence Daily as subcommittee to meet with Ted Earl to rewrite the Town Report Card questionnaire. BRIDGES IN TOWN Mayor Ventura moved that staff prepare a report of estimated cost of having structure analysis of bridges in Town over Route 17 and Los Gatos Creek. Mrs. Rasmussen seconded. Carried unanimously. ROWING CLUB COMMUNICATION Council discussed the letter from the Los Gatos Rowing Club regarding Councils endorsement of the meets at Lexington Reservoir. Mayor Ventura moved to write a letter of endorsement to the Rowing Club. Mr. Daily seconded. Carried unanimously. ADJOURNMENT Mayor declared the meeting adjourned at 12:35 a.m., Tuesday June 7, 1983.