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M 12-05-83TOWN COUNCIL MEETING TOWN OF LOS GATOS, CALIFORNIA DECEMBER 5, 1983 TOWN COUNCIL The Town Council of the Town of Los Gatos met in the Council Chambers of the Town Hall at 7:40 p.m., in regular session. ROLL CALL PRESENT: Joanne Benjamin, Eric D. Carlson, Terrence J. Daily, Brent N. Ventura and Mayor Thomas J. Ferrito. ABSENT: None. CLOSED SESSION REPORT Mayor Ferrito reported that Council had met in Closed Session prior to the Council meeting and discussed the following: Labor relation issues Personnel matters Toll House litigation. This matter is settled. The Town and Toll House will each abandon their appeals, execute mutual release and Town will pay $1,500.00 attorney fees award. Discussed litigations of the Town vs. County and the City of San Jose issue. PLEDGE OF ALLEGIANCE Given by all in attendance. ADDED AGENDA ITEMS It was consensus of Council to add item 25, a Resolution opposing rate increases as proposed by General Telephone Co. of California Mr. Ferrito informed Mr. Oliver this item would be formally continued to December 12, 1983, to allow General Telephone to prepare for a report on this issue. Add item 12c, a letter from the Chamber of Commerce requesting permission to use the Civic Center parking on December 10, 1983. BID AWARD ROTARY MOWER Robert Bryant, Director of Parks, Forestry and Maintenance Services, reported the Council had approved specifications for a rotary mower and authorized the advertising for bids, with bid opening to be November 30. 1983. No bids were received on that date and Mr. Bryant is requesting authorization to readvertise for bids with bid opening date set for January 26, 1984. Mr. Daily moved Council authorize the readvertisement for bids to be received on January 26, 1984. Mrs. Benjamin seconded. Carried unanimously. COUNTY REFERRALS Mr. Daily moved to accept staff recommendation on County Referrals as follows: 2013-30-48-83LA Aztec Ridge Dr. Hogan Lot line adjustment. Council to go on record again expressing concern over the future of the property and the ridge and requesting the continued cooperation of the County in the future to protect the ridgeline. 1393-29-41-31B-83LA Call of Wild Rd. Derylo Lot line No Comment. 2020-38-30-83P-83A Summit Road LDA Resubmittal No comment. 1865-30-45-83S (R-2) Soda Springs Rd. Noga Resubmittal No comment. Mayor to send letter to Board of Supervisors regarding Aztec Ridge Drive referral. Mrs. Benjamin seconded. Carried unanimously. PLANNING REPORT DECEMBER Mr. Daily moved to accept Planning Department/Planning Commission monthly report for December, 1983. Mrs. Benjamin seconded. Carried unanimously. SCHEDULE OF PUBLIC HEARINGS Council information only. KENNEDY ROAD SIDEWALK-PROJECT 287 Mr. Daily moved Council approve the Certificate of Acceptance and Notice of Completion for Project 287, Kennedy Road Sidewalk; authorize the Mayor to execute said document and approve a supplemental appropriation in the amount of $1,500.00 to complete said project. Mrs. Benjamin seconded. Carried unanimously. RESOLUTION OF APPRECIATION Mr. Daily moved for adoption of Resolution No. 1983-236 entitled, A RESOLUTION COMMENDING RUSSELL J. COONEY. Mr. Cooney has served on the Los Gatos Personnel Board for five years. Mrs. Benjamin seconded. Carried unanimously. TDA ARTICLE 3 FUNDS-BICYCLE & PEDESTRIAN FACILITIES Mr. Daily moved to authorize staff to submit an application proposing to expend all available population funds and the special merit funds approved in 1983, on the Forbes Mill to Roberts Road Project with construction in 1985/86. Mrs. Benjamin seconded. Carried unanimously. PROJECT 255-SS SIGNALS AT N. SANTA CRUZ AVE. & ANDREWS ST. Mr. Daily moved to accept staff recommendation and approve the 4th progress payment to Steiny and Company in the amount of $19,553.16, reserving funds in the amount of $900.00 for liquidated damages (18 days at $50.00 per day). Mrs. Benjamin seconded. Carried unanimously. PREFERENTIAL PARKING REPORT Mr. Daily moved Council accept staff updated report regarding the preferential parking program. This report informed Council of the number of citations issued and various complaints received. Mrs. Benjamin seconded. Carried unanimously. FEE SCHEDULE FOR HAZARDOUS MATERIALS STORAGE Mr. Daily moved to accept staff recommendation and authorize the Clerk to schedule a public hearing for January 3, 1984, to consider a fee schedule regarding Storage of Hazardous Materials. Mrs. Benjamin seconded. Carried unanimously. MINUTES NOVEMBER 7, 1983 Mrs. Benjamin moved minutes of November 21, 1983, be approved as amended. Mr. Carlson seconded. Carried unanimously. MINUTES-NOVEMBER 28, 1983 Mrs. Benjamin moved minutes of November 28, 1983, be approved as corrected. Mr. Carlson seconded. Carried unanimously. COMMUNICATIONS (for action) a. Letter from Mr. Dorbayan appealing the Building Officials requirement for installation of handicap access to restroom facilities of the business located at 1470 Pollard Road. The Building Official, Archie Watson, reported that in reviewing the letter of appeal it had been determined that the requirement would definitely create an unreasonable hardship/ Therefore, the proposed alteration would not require modifications to the restroom other than installation of grab bars. Mr. Dorbayan has been notified of this decision. Mrs. Benjamin moved to accept staff recommendation. Mr. Daily seconded. Carried unanimously. b. Letter from Dr. Edward Azlant regarding zoning of property at 99-103 Los Gatos Boulevard. The Planning Director, Lee Bowman, answered questions of Council regarding history on this non-conforming use. Dr. Azlant spoke on the issue. It was noted that noted was given previously that this property has been non-conforming since the early 1970's. After further discussion, Mrs. Benjamin moved Council accept staff recommendation and note and file said correspondence. Mr. Ventura seconded. Carried unanimously. c. Letter from the Chamber of Commerce referring to the cancellation of the Christmas Parade on December 3, 1983, and requesting Council permission to use the Civic Center parking lot on December 10, 1983, to display the floats; have Santa Claus present to chat with youngsters; having Christmas caroling and possibly the Los Gatos High School Pep Band to preform. Mr. Daily moved to approve request with the condition this be coordinated with the Police Department and any cost for services to be paid by the Chamber. Mrs. Benjamin seconded. Carried unanimously. NOVEMBER 1983 PAYROLL Mr. Ventura moved for approval of the November, 1983, payroll. Mrs. Benjamin seconded. Carried unanimously. TRAFFIC DIVERTERS SAN BENITO/ANDREWS/SARATOGA AVENUE Mayor Ferrito stated this was the time and place duly noted for public hearing to consider the San Benito/Andrews/Saratoga area traffic improvements and traffic diverters. The Town Manager gave a summary regarding progress on the project as did James Van Houten, Public Works Director. Speaking on the issue were Sue Donnelly, Bea Marchetti, John Freeman, Mr. Wichman, Lynn Williams, E. Marchetti, Kent Samin, Monte Sereno Councilperson Dorothy Bamford, Gary Niva, Joseph P. James, Rose Zuccaro, Mr. Ruscigno, Mr. Lucivich, Rebecca Fernandos, Sandy Simons, Suzanne Werner, Linda Evans, Ruth Cuteas, Gary Swanson, Marg Otobie, Larry Pegram, L. Stafford, Andrew Dirken, John Bastia, Robert Witham, Dale Chambers, Marysue Meyer, Dunckley Murray and Mike Desner. Speakers voiced their opinion, some opposing and others favoring the diverters. Discussion was held on suggestions made by the speakers. No one else wished to speak, Mr. Ventura moved hearing be closed. Mr. Daily seconded. Carried unanimously. Mr. Ventura then moved that Council approve the following: 1. Remove present traffic diverters at San Benito Avenue and Andrews Street as soon as construction work on Saratoga Avenue prevents left turns from Saratoga Avenue to San Benito Avenue. 2. Install temporary barricades as follows: a. On San Benito Avenue north of Saratoga Avenue. b. On San Benito Avenue south of Olive Avenue. c. Install stop signs on Andrews Street at every intersection west of Santa Cruz Avenue. This plan be approved for a 90 Day trial contingent upon the following actions by the City of Monte Sereno: a. Implementation of a traffic diversion system at the intersection of Rose Avenue and Andrews Street prohibiting right turns from Rose Avenue (north bound) to Andrews Street (east bound) and prohibiting left turns from Andrews Street (west bound) to Rose Avenue (south bound). b. Install stop signs on Andrews Street/Mays Avenue and Rose Avenue/Andrews Street. c. Provide sufficient surveillance through the County Sheriff's Department to insure compliance with stop sign and turning movement controls in Monte Sereno. d. Move the power pole at the northeast corner of Rose Avenue and Saratoga Avenue and install a right turn lane to facilitate right turns from Saratoga Avenue (west bound) to Rose Avenue (north bound). Mrs. Benjamin seconded. Carried unanimously. RECESS Mayor Ferrito declared a recess. Meeting reconvened at 10:35 p.m. BLOSSOM HILL MANOR ANNEXATION NO. 3 Mayor Ferrito stated this was the time and place duly published for public hearing to consider annexing 8 parcels of land in the Blossom Hill Manor area. The Clerk reported that no written protests had been received. Mr. Gordon Swanson, 16331 Lilac Lane, stated he favors the annexation as does the other 7 property owners. No one else wished to speak, Mr. Carlson moved hearing be closed. Mrs. Benjamin seconded. Carried unanimously. Mr. Ventura moved for adoption of Resolution No. 1983-237 entitled, A RESOLUTION MAKING A FINDING REGARDING THE VALUE OF WRITTEN PROTESTS FILED AND NOT WITHDRAWN AND ORDERING THE ANNEXATION OF CERTAIN INHABITED TERRITORY DESIGNATED AS BLOSSOM HILL MANOR NO. 3 TO THE TOWN OF LOS GATOS. Mrs. Benjamin seconded. Carried unanimously. RENTAL MEDIATION REGULATIONS Mr. Carlson moved for adoption of Resolution No. 1983-238 entitled, RESOLUTION AMENDING THE LOS GATOS RENTAL MEDIATION REGULATION. Mrs. Benjamin seconded. Carried by a vote of four ayes. Mr. Ventura abstained. VERBAL COMMUNICATIONS Marlene Rodman, representing Citizens to Protect Private Property Rights, 342 Bella Vista Avenue, read a statement opposing price controls on private property in the Town of Los Gatos, requesting Council to adopt an ordinance which would prohibit all price controls on all private property in the Town of Los Gatos and place the ordinance on the June ballot for a decision of the voters of Los Gatos. HAZARDOUS MATERIALS STORAGE ORDINANCE The Town Attorney referred to her report regarding the amendment of Chapter 35 of the Town Code relating to the storage of Hazardous Materials. She stated most of the amendments are required to bring our Ordinance into conformance with the Sher Bill (AB 1362) minimum requirements for regulation of Hazardous Materials in underground storage tanks. Discussion was held on this issue and Fire Chief Sporleder answered questions of Council regarding storage. Mrs. Benjamin moved reading be waived for ORDINANCE AMENDING CHAPTER 35 OF THE TOWN CODE RELATING TO THE STORAGE OF HAZARDOUS MATERIALS. Mr. Ventura seconded. Carried unanimously. The Town Clerk read title. Mr. Ventura moved Ordinance be introduced. Mrs. Benjamin seconded. Carried unanimously. APPEAL-ROUND TABLE PIZZA 15732 LOS GATOS BOULEVARD Mr. Jim Loney, owner of the Round Table Pizza, spoke to Council and requested reconsideration of their decision on granting of the appeal. He stated they would be willing to reduce their seats to 96, which would help the parking deficiency. Mr. Carlson stated Mr. Loney is lacking evidence to allow for reconsideration. After further discussion, Mr. Daily moved for adoption of Resolution No. 1983-239 entitled, RESOLUTION GRANTING APPEAL FROM PLANNING COMMISSION DECISION (15732 Los Gatos Boulevard-Round Table Pizza, Inc.). Mayor Ferrito seconded. Carried by a vote of three ayes. Mrs. Benjamin voting no. Mr. Ventura abstained. APPEAL-JOHN SCOTT 234 LOS GATOS BOULEVARD Mr. Ventura moved for adoption of Resolution No. 1983-240 entitled, RESOLUTION REFERRING TO PLANNING COMMISSION THE APPEAL FROM PLANNING COMMISSION DECISION DENYING ARCHITECTURE AND SITE APPLICATION (234 LOS GATOS BOULEVARD-John Scott). Mrs. Benjamin seconded. Carried unanimously. URGENCY ORDINANCE ON RENTAL MEDIATION & ARBITRATION ORDINANCE Mrs. Benjamin moved for the adoption of Ordinance No. 1600 entitled, URGENCY ORDINANCE AMENDING CHAPTER 24 IF THE TOWN CODE RELATING TO THE RENTAL DISPUTE MEDIATION AND ARBITRATION ORDINANCE REQUIREMENTS FOR A SUBSEQUENT NOTICE OF RENT INCREASE WITHIN A ONE-YEAR PERIOD. Mr. Daily seconded. Carried by a vote of four ayes. Mr. Ventura abstained. HEARST CABLEVISION CERTIFICATE OF IMPROVEMENTS Mr. Monaco of Hammett & Edison, Inc., answered questions of Council on their report on the assessment of the Hearst Certification of Improvements to the Los Gatos Cable Television System and reports findings that Hearst is substantially in compliance with the sic-month Certification of Compliance. Mr. Musselman of Hearst Cablevision then answered questions of Council and stated they are still upgrading the system and relating information to the customers. Discussion was held on outages and lack of information to customers and taking of complaints. After further discussion, Mr. Ventura moved to accept the Hammett & Edison, Inc., report finding that Hearst is substantially in compliance with the sic month Certification of Improvements and staff be directed to notify Hearst of the concerns as specified in the report. Mr. Ferrito seconded. Carried unanimously. GOVERNOR'S TASK FORCE ON LOCAL GOVERNMENT FINANCE Mr. Ventura moved Council endorse the concept of stabilizing local government revenue sources as expressed in the Task Force Report and letters be sent to appropriate legislative offices of Council's endorsement. Mrs. Benjamin seconded. Carried unanimously. REPAIR OF PLANTER BOXES N. SANTA CRUZ AVENUE Mrs. Benjamin moved to accept staff recommendation to repair twelve planter boxes and replace three planter boxes in the downtown area, (Option A) of staff report. Mr. Ventura seconded. Carried unanimously. STANDARD FOR SELF-SERVICE GAS STATION Mr. Carlson moved for adoption of Resolution No. 1983-241 entitled, RESOLUTION ADOPTING STANDARDS FOR SELF-SERVICE GAS STATIONS. Mrs. Benjamin seconded. Carried unanimously. RATE INCREASES FOR GENERAL TELEPHONE CO. Continued to December 12, 1983. ADJOURNMENT At 12:05, a.m., Mrs. Benjamin moved meeting be adjourned to 7:30 p.m., Monday, December 12, 1983. Mr. Daily seconded. Carried unanimously.