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M 02-07-83TOWN OF LOS GATOS CALIFORNIA TOWN COUNCIL/PARKING AUTHORITY AGENDA FEBRUARY 7, 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, 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 Jo Bartlett with a Resolution of Appreciation for her services to the Town and Community by serving on Town's Human Advisory Commission, Community Services and Development Commission and various other committees. BID AWARD MAINTENANCE CONTRACT HVAC Mrs. Rasmussen moved to accept staff recommendation and award the contract to O.C. McDonald and Company, Inc. based on their low bid of $697.00 per month. Mr. Daily seconded. Carried unanimously. CLOSED SESSION Mayor Ventura stated Council had met in closed session prior to the Council meeting and the following was discussed: Personnel matter; Potential litigation; and Vlamis litigation. Concerning Vlamis litigation, "Council passed a motion amending the Resolution of Necessity to include a statement that the Town has offered to purchase Mr. Vlamis' property pursuant to Government Code Section 7267.2". (Clerk was advised by Town Attorney that Resolution No.1983-25 entitled, RESOLUTION OF NECESSITY (WINCHESTER BOULEVARD WIDENING KNOWLES DRIVE TO WIMBLEDON DRIVE, (PROJECT nO. 263-GF), had been adopted by a vote of 4 ayes, Mayor Ventura voting no). WRITTEN COMMUNICATIONS (referral/file) a.Letter from John Mesa, regarding change of hours as stated in the Conditional Use Permit for New Magoo's Pasta Pizzera. Mrs. Rasmussen moved this be referred to the Planning Commission. The applicant must first file an application for a modification of the Conditional Use Permit. Mr. Daily seconded. Carried unanimously. b.Letter from Judy Symonds regarding the Toll House Project. Note and file. c.Letter from O.L. Johns regarding his business at 151 N. Santa Cruz Avenue. Mrs. Rasmussen moved this be referred to the Town Attorney. Mr. Daily seconded. Unanimously carried. BID RESULTS - MODIFICATION TO PEDRO'S RESTAURANT This item was withdrawn and agendized for the Council meeting on February 22, 1983. PLANNING REPORT Mrs. Rasmussen moved to accept the Planning Department's monthly report including Planning Commission/Planning Department priorities January through March 1983. GENERAL PLAN EIR REPORT Mrs. Rasmussen moved Council accept staff recommendation and adopt Resolution No. 1983-26 entitled, RESOLUTION AUTHORIZING AGREEMENT TO PREPARE A MASTER ENVIRONMENTAL IMPACT REPORT, (This would be an agreement between the Town and Kreines & Kreines) and Mayor is authorized to sign said agreement on behalf of the Town. Mr. Daily seconded. Carried unanimously. COUNTY REFERRALS Mrs. Rasmussen moved Council accept staff recommendations on County referrals as follows: 703-26-41-79B-79V-80RA E. of Virdelle Dr. Morrison Time Extension -Single Building Site No comment. 1259-34-43-80CC-80B Soda Springs Rd. Lesson Time Extension Single Residential Building No comment. 1374-30-52-81B-81P 16400 Englewood Rd. Beadle Town's appeal to the Board of Supervisor's (cont. from 1/10/83) is on the Board's agenda 2/8/83. Mr. Daily seconded. Carried unanimously. SOLID WASTE MANAGEMENT PLAN Mrs. Rasmussen moved Council accept staff recommendation and refer the draft Solid Waste Management Plan to the Planning Commission for review. Mr. Daily seconded. Carried unanimously. WEED ABATEMENT Mrs. Rasmussen moved for adoption of Resolution No. 1983-27 entitled, A RESOLUTION DECLARING WEEDS A PUBLIC NUISANCE AND PROVIDING FOR THEIR ABATEMENT. (March 7, 1983 will be set for the protest hearing). Mr. Daily seconded. Carried unanimously. BIKE LOCKERS & RENTAL FEES Mrs. Rasmussen moved Council accept staff recommendation to lower the bike locker rental fees from $30.00 to $15.00 per 6 month period, effective January 1. 1983 and direct Clerk to maintain records of locker rentals and waiting list. Mr. Daily seconded. Carried unanimously. It was noted there are four bike lockers presently in use at the Town Plaza. Six additional lockers are being installed at the new bus station site on South Santa Cruz Avenue and four others will be installed close to Saratoga Avenue at the long term parking lot. BONNIE LANE NO. 4 ANNEXATION Mrs. Rasmussen moved Council adopt Resolution No. 1983-28 entitled, A RESOLUTION INITIATING PROCEEDINGS FOR THE ANNEXATION OF CERTAIN INHABITED TERRITORY DESIGNATED AS BONNIE LANE NO. 4 TO THE TOWN OF LOS GATOS. Mr. Daily seconded. Carried unanimously. PUBLIC HEARING SCHEDULE Council information only. MINUTES Mr. Ferrito moved minutes of January 17th and 31st, 1983, be approved as submitted. Mayor Ventura requested amendment to January 17th minutes as follows: Page 6 Subject - CONFLICT OF INTEREST CODE - he would like the record to reflect that Mayor requested the Town expand the scope of the Town's Conflict of Interest Ordinance to include parents, sibling, children and other relatives. Mr. Ferrito accepted the amendment and moved for approval. Mrs. Benjamin seconded. Carried unanimously. REPORT PARKING KNOWLES DRIVE Mayor Ventura moved Council accept staff recommendation and not allow parking on the North side of knowles Drive between the County court complex and Dardanelli Lane. Mrs. Rasmussen seconded. Unanimously carried. Staff to send letter to Mr. Belanger reaffirming other options available to him. FINANCIAL STATEMENT DECEMBER, 1982 Mrs. Benjamin moved to accept the Financial Statement for December, 1982. Mrs. Rasmussen seconded. Carried unanimously. PAYROLL JANUARY, 1983 Mrs. Rasmussen moved approval of the January, 1983, payroll in the amount of $317,712.80. Mr. Daily seconded. Unanimously carried. TREASURER'S REPORT FOR DECEMBER 1982 Mrs. Rasmussen moved to accept Treasurer's report for the month of December, 1982. Mayor Ventura seconded. Carried unanimously. Treasurer to furnish a report on a monthly basis regarding Town funds. SAN BENITO/ANDREWS STREET TRAFFIC DIVERTERS Mayor Ventura stated this was the time and place duly published for public hearing on the San Benito/Andrews Traffic Diverters project. Mayor Burgard of the City of Monte Sereno spoke to Council and requested continuance of this hearing until the Councilmembers of both cities could meet jointly and discuss this problem in the interest of both communities. It was consensus of Council to proceed with public hearing as scheduled. Mr. Van Houten made a slide presentation showing alternate plans #2 and #4. He stated there had been several neighborhood meetings and from those meetings it seemed Alternate #4 was most desirable. People from the audience speaking on this issue were Kay Little; John Eastman; Joseph James, who had previously presented Clerk with a petition signed by 235 citizens opposing the diverters; Larry Pegram; Roger Donnelly; Mr. Witham; J. Martell; Donna Brown; Carol Knight; Betty Nash; Dunckley Murray; Lynn Evans; Barbara Wainwright; Mel Glass; Neva Swain; Mary Pocanto; John Hulme; B. Bailey; June Miller; David Wilkes and Gary Hubbard. After discussion by all it was general consensus that the majority of people favored Alternate #4 which is closing of Rose Avenue, Montgomery Avenue and San Benito Avenue with a signal at Andrews and N. Santa Cruz Avenue. RECESS Mayor Ventura declared a recess. Meeting reconvened at 9:29 p.m. SAN BENITO/ANDREWS STREET TRAFFIC DIVERTERS (CONTINUED) No one else wished to speak on this issue. Ms. Rasmussen moved hearing be closed. Mr. Ferrito seconded. Carried unanimously. Mrs. Benjamin moved to approve Alternate #4 with barrier on Andrew Street and Monterey Avenue. Mr. Ferrito seconded. Further discussion was held regarding Monterey as a one way northbound street rather than having barricades at both Andrews Street and Monterey Avenue. Mrs. Benjamin moved to amend her previous motion approving Alternate #4 with Monterey Avenue being made a one way street northbound from Saratoga Avenue to Andrews Street with a signal at Andrews nd N. Santa Cruz Avenue. This is to be on a 90 day trail basis and another hearing to be scheduled for May 16th. Mrs. Rasmussen seconded. Carried unanimously. The Town Manager stated Resolution regarding Monterey Avenue being designated a one-way street will be drafted and presented at the next Council meeting. EXTENSION OF ORDINANCE - STORAGE OF HAZARDOUS WASTE MATERIALS Mayor Ventura stated this was the time and place duly published for public hearing on the extension of Urgency Ordinance regarding storage of hazardous waste materials. Mr. Ferrito reported he had attended the IGC meeting Thursday and the Intergovernmental Council voted to recommend to the various cities in the county a model Hazardous Waste Storage Ordinance. No one else in the audience wished to speak on this issue. Mrs. Rasmussen moved hearing be closed. Mr. Daily seconded. Carried unanimously. Mr. Ferrito moved reading be waived for AN URGENCY ORDINANCE EXTENDING PROHIBITION OF NEW STORAGE AND DISPOSAL OF HAZARDOUS SUBSTANCE AND HAZARDOUS WASTE PENDING A STUDY OF APPROPRIATE PERMANENT REGULATIONS. Mrs. Rasmussen seconded. Unanimously carried. Clerk read title. Mr. Ferrito moved for adoption of ORDINANCE NO. 1565, as titled above. Mrs. Rasmussen seconded. Carried unanimously. STREET VACATION 573 UNIVERSITY AVENUE Mayor Ventura stated this was the time and place duly published for public hearing to consider vacation of a portion of a public thoroughfare across the front of 573 University Avenue (Green Valley Disposal Company). Mr. Van Houten ge a summary report on action to date on said request. No one else in the audience wished to speak on this issue. Mrs. Rasmussen moved hearing be closed. Mr. Daily seconded. Carried unanimously. Mrs. Rasmussen moved for adoption of Resolution No. 1983-29 entitled, ORDER VACATING EXCESS PORTION OF A PUBLIC THOROUGHFARE (573 UNIVERSITY AVENUE) FOR PUBLIC ROAD PURPOSES. Mrs. Benjamin seconded. Carried unanimously. APPEAL - SWANSON FORD - HANDICAPPED ACCESS REQUIREMENTS Mayor Ventura stated this was the time and place duly published for public hearing to consider the appeal of Building Official's decision concerning requirements for handicapped access at Swanson Ford. Ken Loosse, representing Swanson Ford, spoke on the issue. He stated this requirement would be a hardship due to extra cost and they were appealing this decision. He explained the bathroom in question is used by workers and presented picture showing where they were located and area one would walk through to get to the bathrooms. After further discussion and no one else wishing to speak on this issue, Mr. Ferrito moved hearing be closed. Mrs. Rasmussen seconded. Carried unanimously. Mrs. Rasmussen moved to grant the appeal with findings that compliance with the decision of the building official creates an unreasonable hardship due to extra cost. Mrs. Benjamin seconded. Carried unanimously. The Town Attorney was directed to draft a resolution and present to Council at their next meeting. HANDICAPPED ACCESS APPEALS Mr. Ferrito questioned the possibility of the Building Official being able to make determinations of Town's policy on some of these appeals regarding handicapped access. The Town Manger stated he would need some direction from Council and then could work up some guidance to the Building Official on these. Mayor Ventura suggested a resolution allowing the Building Official to be able to determine whether some proposals create a hardship. The Town Manager to draft a resolution and return it to Council for review. VERBAL COMMUNICATIONS Kevin Miller requested permission to park an ice cream truck at the High School and sell during the lunch period. (There is no push cart ordinance to date. The push cart ordinance will be coming back to Council in the near future). RESIDENTIAL PREFERENTIAL PARKING The Town Attorney stated it would be necessary to amend ORDINANCE ESTABLISHING PROCEDURE FOR PREFERENTIAL PARKING AND SETTING FINES FOR VIOLATION, which was introduced t the meeting of January 17, 1983. The County Clerk has indicated that an Ordinance cannot specify what the fine would be unless it states what State Law provides as Maximums. Fines have to be left to the discretion of the Judge and to comply, the Council must amend the Ordinance by eliminating reference to fines. Mr. Ferrito moved to amend and introduce ORDINANCE ESTABLISHING PROCEDURE FOR PREFERENTIAL PARKING. Mrs. Rasmussen seconded. Carried unanimously. Mayor Ventura left the Council Chambers. Vice-Mayor Rasmussen took the Chair. Mr. Ferrito left the Council Chambers. AMENDMENT TO TOWN CODE RE CHANGE MISDEMEANORS TO INFRACTIONS Mr. Daily moved reading be waived for ORDINANCE AMENDING VARIOUS TOWN ORDINANCES TO CHANGE MISDEMEANORS TO INFRACTIONS. Mrs. Benjamin seconded. Carried unanimously. Clerk read title. Mr. Daily moved Ordinance be introduced. Carried by a vote of three ayes. Mr. Ferrito and Mayor Ventura were absent. Mr. Ferrito returned to Council Chambers. APPEAL - 236 N. SANTA CRUZ AVE. HANDICAPPED ACCESS Mr. Daily moved for adoption of Resolution No. 1983-30 entitled, RESOLUTION GRANTING APPEAL FROM DECISION OF BUILDING OFFICIAL (236 N. SANTA CRUZ AVENUE - BATEMAN-EICHLER). Mrs. Benjamin seconded. Carried by a vote of four ayes. Mayor Ventura absent. CONFLICT OF INTEREST CODE Mr. Ferrito moved reading be waived for an ORDINANCE ADDING ARTICLE VI TO CHAPTER 2 OF THE TOWN CODE ADOPTING A CONFLICT OF INTEREST CODE. Mrs. Benjamin seconded. Carried by a vote of four ayes. Mayor Ventura absent. Mayor Ventura returned to the Chair CABLE TV ORDINANCE The Town Manager reported to Council on negotiations regarding new franchise agreement and the events that preceded the negotiations with Hearst Corporation. After some discussion, Mrs. Rasmussen moved for adoption of Resolution No. 1983-31 entitled, RESOLUTION AUTHORIZING EXECUTION OF FRANCHISE AGREEMENT WITH HEARTS CABLEVISION OF CALIFORNIA,and authorize the Mayor to sign on behalf of the Town. Mr. Daily seconded. Unanimously carried. SARATOGA AVENUE IMPROVEMENTS 283-GF Mrs Rasmussen moved to accept staff recommendation and approve the concept plans and direct staff to proceed with final plans, specifications and right-of-way negotiations for the Saratoga Avenue Improvements. Mrs. Benjamin seconded. Carried unanimously. MID YEAR BUDGET REPORT The Town Manager, Mr. Mora, reported on the mid-year budget report and the adjustments that are necessary. After further discussion, Mrs. Rasmussen moved to approve adjusted revenue estimates for the current year as follows: ESTIMATED REVENUES GENERAL FUND CURRENT REVISED Property Tax Current Year Secured 1,300,000 Current Year Unsecured 69,000 Prior Year Secured 20,000 Prior Year Unsecured 2,500 Penalties, etc 2,000 Subtotal:1,393,500 1,393,500 Non-Property Tax Sources Sales and Use Tax 2,425,000 Franchises 285,000 65,000 Cigarette Tax 25,000 Transient Occupancy Tax 325,000 Property Transfer Tax 40,000 Business Licenses 210,000 Business License Penalties 2,500 Bldg/Elec/Plumbing Permits 80,000 85,000 Zoning/Var/Use Permits 100,000 105,000 Encroachment Permits 5,000 Bicycle Permits 500 Other Licenses/Permits 1,000 Other Court Fines 105,000 Interest Income 1,000,000 900,000 Rents/Concessions 15,000 Federal Aid Urban 37,500 LGPD Special Fees 5,000 Library Fines/Fees 27,500 25,000 Plan Check Fee 35,500 50,000 Engineering Fees 40,000 25,000 Other Current Service Charges 25,000 15,000 Special District assessments 500 Sale of Real/Personal Property 15,000 Miscellaneous 50,000 65,000 Subtotal:4,849,500 4,807,500 Total:6,243,000 6,200,500 Transfer to General Fund 382,611 402,611 TOTAL AVAILABLE/GENERAL FUND 6,625,611 6,603,111 Transfer appropriations from the following departments in the amounts stated to the General Fund Contingency: General Town Administration $10,000 Insurance 15,000 Police 15,000 Public Works Maintenance 20,000 Parks and Forestry 12,000 $72,000 Transfer appropriations from the General Fund Contingency to the following departments: Town Council $ 1,000 Planning 2,502 Building regulation 12,000 Elections 1,000 General Town Admin. (Audit)3,500 General Town Admin. (PERS)8,457 Engineering 4,500 Total General Fund:$32,959 Two supplemental appropriations as follows: $4,000 supplemental appropriations from the Sewer Fund to the Sewer Maintenance. $1,736 from the General Revenue Sharing to Community Programs. Mrs. Benjamin seconded. Carried unanimously. ZONE CHANGE PARR AVENUE SENIOR CITIZEN RESIDENTIAL CONDOMINIUMS Mayor Ventura moved for adoption of Ordinance No. 1564 entitled, AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONING ORDINANCE EFFECTING ZONE CHANGE NO. 63 FROM R-1:8,000 to R-1:8,000-PD. Mrs. Benjamin seconded. Carried Unanimously. USE OF GUADALUPE COLLEGE FOR WOMEN'S PRISON The Town Manager reported as to information that had been received and stated there has been publicized now a document called the 1983 Facilities Master Plan of the Department of Corrections, dated February 1, 1983. This plan identifies the Stockton facility, as a facility for prison, in terms of additions, and does not identify the Guadalupe College. Report was made by the Mayor and Vice-Mayor on their tour of the prison facility in Frontera. Mr. Daily and Mr. Ferrito stated they would serve as sub-committee to meet with Legislators in Sacramento, if appointments can be set up. The Mayor also reported on the Mayor's Committee meeting. Mrs. Benjamin reported on Financial Committee. The Town Manager spoke on need of extra clerical help on this project. Mrs. Rasmussen moved for approval of supplemental appropriation of $3,000.00 from the General Fund Contingency to the Manager's budget for this purpose. Mrs. Benjamin seconded. Carried unanimously. LIMITED PARKING IN TOWN PARKING LOTS Mayor Ventura requested this be continued until Council has received input from the Chamber of Commerce on this subject. Staff to write to Chamber informing them of this. TOWN POLICY DONATIONS This will be agendized for next meeting. TOWN POLICY SISTER CITY COMMITTEE RESIDENCY Mayor Ventura moved to allow citizens who live in the area but not necessarily in the Town to serve on the committee. Mr. Daily seconded. Carried by four ayes. Mr. Ferrito voting no. Sister City Committee's request for marker to be placed either at the Town Plaza or Civic Center formally recognizing the Sister City connection between Los Gatos and Zihuatanejo. Mayor Ventura moved this request be referred to the Park Commission. Mr. Ferrito seconded. Carried unanimously. ADJOURNMENT Mayor Ventura declared the meeting adjourned at 12:10 a.m. ATTEST: Rose E. Aldag Town Clerk