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M 07-16-84TOWN OF LOS GATOS CALIFORNIA TOWN COUNCIL/PARKING AUTHORITY AGENDA JULY 16, 1984 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. PLEDGE OF ALLEGIANCE Given by all in attendance. CLOSED SESSION Mayor Ferrito stated litigation and personnel matters were discussed in Closed Session. ITEM REMOVED FROM AGENDA Mayor Ferrito stated item 11, Amendment to Town Attorney Employment Agreement, is withdrawn from the agenda and reagendized for a later Council meeting. WRITTEN COMMUNICATIONS (referral/file) 1.Letter received from Greyhound Lines, Inc., regarding a PUC Application seeking to increase its California intrastate fares by 7%. Note and file. 2.A petition regarding an amendment to the present Horse Ordinance. Mr. Carlson moved to refer to the Planning Department for report and notify the petitioners. Mr. Daily seconded. Carried unanimously. 3.Letter received from Mme. Yvette regarding an amendment to the present Noise Ordinance. Mr. Carlson moved to refer to the Police Department for comment, and notify Mme. Yvette. Mr. Daily seconded. Carried unanimously. 4.Letter received from Mme. Yvette regarding waste container at the Burger Pit Restaurant on Saratoga Avenue. Mr. Carlson moved to refer to the Code Enforcement Officer for further review, and notify Mme. Yvette. Mr. Daily seconded. Carried unanimously. SCHEDULE OF PUBLIC HEARINGS Council informational item. REPORT PARKING ON E. MAIN & CIVIC CENTER PARKING LOTS Council informational item. BUS LOADING ZONE WINCHESTER BLVD. AT DAVES AVENUE Mr. Carlson moved to adopt Resolution No. 1984-116 entitled, BUS LOADING ZONE - WINCHESTER BOULEVARD. Mr. Daily seconded. Carried unanimously. This resolution relocates the existing bus stop from the northwest corner to the southwest corner of the intersection and prohibits parking between the new bus stop and the corner. REINSTATEMENT PARKING ON BAYVIEW AVENUE Mr. Carlson moved to adopt Resolution No. 1984-117 entitled, PARKING PROHIBITION - BAYVIEW AVENUE. Mr. Daily seconded. Carried unanimously. This resolution reinstates parking on the east side of Bayview Avenue and reduces the length of existing parking prohibition on the west side of Bayview Avenue. CONCEPT PLAN SAN BENITO AVENUE CLOSURES By consensus motion Council moved to continue this item to the next regular meeting of august 6, 1984, and staff to prepare renderings of San Benito Avenue closures including bicycle and pedestrian access. CERTIFICATE OF ACCEPTANCE PROJECT 294-CT Mr. Carlson moved to authorize the Mayor to execute and the Town Clerk to record a Notice of Completion and Certificate of Acceptance for Police Department Building Modifications, Project 294-CT. Mr. Daily seconded. Carried unanimously. SEWER LATERAL POLICY - SEPTIC SYSTEMS Council informational report. COUNTY REFERRALS Council discussed County Referral 1156-30-49-80GV-84GA. Mr. Ventura moved to add to the response to County, property owner should restore the landscape as it was before the illegal actions took place. Mr. Carlson seconded. Carried unanimously. Mr. Carlson moved to accept staff recommendations, with amendment, on County Referrals as follows: 115-30-49-80GV-84GA End of Tourney Road Miller Grading Permit Council expressed concern over potential for disturbance of topography, and potential development of property, and request the County to provide the Town with reports of any grading work on the property. Also request County to require property owner to restore the land as it was prior to the illegal actions. 14770 Sky Lane Pritchard Secondary Dwelling Application denied by the County June 26, 1984. Mr. Daily seconded. Carried unanimously. CODE ENFORCEMENT OFFICER'S QUARTLY REPORT Council informational report. AMENDMENT - TOWN ATTORNEY EMPLOYMENT AGREEMENT Withdrawn from agenda. To be agendized for a later meeting. LOS GATOS CULTURAL COMMISSION RESOLUTION Mayor Ferrito requested the word "cultural" be deleted from the first and third paragraph of 1. a., Membership - Organization. Mr. Carlson moved to adopt, as amended, Resolution No. 1984-118 entitled, A RESOLUTION ESTABLISHING THE TOWN OF LOS GATOS CULTURAL COMMISSION. Mr. Daily seconded. Carried unanimously. MINUTES Mr. Ventura requested correction on page 8, Wheeler Avenue at Hollywood, to state, "Mr. Ventura moved to direct staff to work with the property owners to try and eliminate...". Mr.Ventura requested correction on page 9, Heart Cablevision. Correction to read, "... and Council added the following condition to the staff recommendation." Mr. Daily requested correction of typing errors to: "had" on page 1; "Louise" on page 3; "get" on page 4"; "accept" on page 7; and "levin"on page 8. Mrs. benjamin requested the total of $8,276.666.44 be added to the Treasurer's May 1984 report on page 7. Mrs. Benjamin moved minutes of July 2, 1984 be approved as corrected. Mr. Carlson seconded. Carried unanimously. WRITTEN COMMUNICATIONS (for action) 1.Letter from the Chamber of Commerce regarding contribution for purchase of new or replacement of any hardware related to the Christmas lighting program. Mr. Panighetti from the Chamber of Commerce, spoke on this issue. After discussion Mr. Carlson moved Town pick-up cost of electricity, Town donate 20 man hours of replacement help, and encourage the Chamber to seek the $1,500 from other sources. If the time comes the Chamber cannot raise the money they should return to Council. Mr. Ventura seconded. Carried unanimously. 2.Letter from Bruce Baker, President of the TEA, regarding the opening of the Library on Sundays. Information letter for Council. JUNE, 1984 WARRANT DEMANDS Mr. Carlson moved to approve the June, 1984 Warrant Demand and Special Warrant Demand lists from the Office of the town Clerk in the amount of $562,248.93. Mrs. Benjamin seconded. Carried unanimously. JUNE, 1984 FINANCIAL STATEMENT Mr. Carlson moved to approve the June, 1984 Financial Statement from the Office of Town Clerk. Mrs. Benjamin seconded. Carried unanimously. CONSOLIDATION OF NOVEMBER 6, 1984 ELECTION Mr. Daily moved to adopt Resolution No. 1984-119 entitled, RESOLUTION OF THE TOWN OF LOS GATOS REQUESTING CONSOLIDATION OF THE GENERAL MUNICIPAL ELECTION WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON NOVEMBER 6, 1984 AND CONSENTING THERETO. Mrs. Benjamin seconded. Carried unanimously. SMALL BUSINESS CENTENNIAL FUNDS ALLOCATION Ethel Worn, Chairman of the Cultural Resource Commission, answered Council's questions. Mayor Ferrito asked that the Los Gatos Cultural Resource Commission and the Town Council to be acknowledged in the day's program and in the Opening Ceremonies of the Small Business Centennial program. Mr. Carlson moved to accept staff recommendation and appropriate $150.00 from the Cultural Resource Commission FY 1984-95 budget for partial sponsorship of musical entertainment to be provided as part of the Small Business Centennial's Living History Day on August 5, 1984. Mr. Daily seconded. Carried by a vote of three ayes. Mrs. Benjamin and Mr. Ventura abstained due to being members of the Centennial Committee. GENERAL PLAN AMENDMENT GP-83-1 AND EIR-83-1 Mayor Ferrito stated this was the time and place duly published for public hearing to consider the General Plan Amendment GP-83-1 (Continued from April 16, 1984), Environmental Impact Report EIR-83-1, to consider the Planning Commission's recommendation on the revised Town General Plan. Mr. Ventura moved to continue the public hearing to September 17, 1984. Mrs. Benjamin seconded. Carried unanimously. COWELL ROAD NO. 2 ANNEXATION Mayor Ferrito stated this was the time and place duly published for public hearing to consider the Cowell Road No. 2 Annexation. No one in the audience wished to speak on this issue. Mr. Ventura moved to close the public hearing. Mrs. Benjamin seconded. Carried unanimously. Deputy Clerk stated no written protests had been received. Mr. Daily moved to adopt Resolution No. 1984-120 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 COWELL ROAD NO. 2 TO THE TOWN OF LOS GATOS. Mrs. Benjamin seconded. Carried unanimously. YELLOW CHECKER CAB CO. - FARE INCREASE Mayor Ferrito stated this was the time and place duly published for public hearing to consider the fare increase request for Yellow Checker Cab Company. Charles Chevlin, representing Yellow Checker Cab Co., spoke in support of the company's request. No one else in the audience wished to speak on this issue. Mr. Ventura moved hearing be closed. Mrs. Benjamin seconded. Carried unanimously. Mayor Ferrito requested the Clerk to make a list of licensed cab companies in town and give a copy to the Police Department for enforcement. Mr. Ventura moved to instruct the Town Attorney to draft an ordinance amendment removing the taxicab services in Town, and Clerk to provide a list of all licensed taxicab companies to the Police Department for enforcement and report back to Council. Mr. Carlson seconded. Carried unanimously. Ordinance to be ready for Council consideration at the next regular meeting. APPEAL - 47 n. SANTA CRUZ AVE. (GILLEY'S) Mayor Ferrito stated this was the time and place duly published for public hearing to consider the appeal of Planning Commission approval of Conditional Use Permit Application U-84-10 for service of beer and wine in an existing restaurant at 47 N. Santa Cruz avenue (Gilley's Coffee Shop). Chief Acosta answered questions regarding his report. Mr. Ridley, Planning Commission, spoke on his reason for his vote at the Planning Commission meeting. Pete Siemens, 69 Ellenwood, spoke in support of his appeal. Diane Siemens, Los Gatos Board of Homeowners representative, also spoke in support the appeal. Mr. Ergad Jacoby, owner of Gilley's Coffee Shop, spoke against the appeal. Aurora Sallito and Sue Graff also spoke on this issue. No one else wished to speak on this issue. Mr. Daily moved public hearing be closed. Mrs. Benjamin seconded. Carried unanimously. Mayor Ferrito asked Mr. Jacoby if he preferred Council to make a decision this evening or wait and give Council time to consider reevaluation of a policy. Mr. Jacoby preferred a decision to be made this evening. Mr. Daily moved to grant the appeal. Planning Commission had erred in their decision for the following reasons: 1.One or more Planning commissioners thought the Police Department was not recommending against aPPROVAL, WHEN IN FACT, IT WAS OR MEANT TO. 2.The Planning Commission did not consider cumulative impact of new approvals of these types of uses. 3.The use is not desirable as another food service, in that, it currently is a food service. 4.The expansion of the use will encourage a single purpose downtown use. Mr. Ventura seconded. Carried unanimously. ZONING ORDINANCE AMENDMENT A-84-3 LANDMARK AND HISTORIC PRESERVATION ZONE Mayor Ferrito stated this was the time and place duly published for public hearing to consider the Zoning Ordinance Amendment A-84-3 to consider the amendment of Chapter 4.86 of the Zoning Ordinance, Landmark and Historic Preservation Zone. No one wished to speak on this issue. There was discussion by Council on the duties of the Historic Committee. Mr. Ventura felt the list of duties of the Historic Committee should also be covered in the ordinance for future reference. Mr. Ridley answered Council's questions. Mr. Bowman, Planning Director, spoke on his report and answered Council's questions. No one in the audience wished to speak on this issue. Mr. Ventura moved hearing be closed. Mrs. Benjamin seconded. Carried unanimously. Mr. Ventura moved reading be waived for AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING CHAPTER 4.86 OF THE ZONING ORDINANCE REGARDING THE HISTORIC PRESERVATION COMMITTEE. Mrs. Benjamin seconded. Carried unanimously. Mr. Ventura moved Ordinance be introduced with request to ask the Historic Committee whether they want to put in ordinance form what their responsibilities and duties are. Mrs. Benjamin seconded. Carried unanimously. VERBAL COMMUNICATIONS Dom Sallito, resident on Frank Avenue, stated the vision for left turn traffic is obstructed by foliage near the intersection of Frank Avenue and Los Gatos Boulevard. Mr. Van Houten, Director of Public Works, was requested by Council to look into this matter or have Mr. Bryant of the Parks and Forestry Department do the same. Pete Siemens, 69 Ellenwood Avenue, spoke on the amplified music coming from an establishment near Mt. Charlies on N. Santa Cruz Avenue. He wished to know if under the Noise Ordinance this is legal? The Police Department is directed to notify the business that complaints have been received and to check the noise level. ORDINANCE REQUIRING SPAYING OR NEUTERING OF DOGS & CATS Mr. Carlson moved to waive the reading of ORDINANCE AMENDING CHAPTER 5 OF THE TOWN CODE REQUIRING SPAYING OR NEUTERING OF DOGS AND CATS ADOPTED FROM A HUMANE SOCIETY, PUBLIC POUND OR SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS. Mrs. Benjamin seconded. Carried unanimously. Deputy Clerk read title. Mr. Carlson moved Ordinance be introduced. Mrs. Benjamin seconded. Carried unanimously. ORDINANCE DECLARING CERTAIN VIOLATION OF THE TOWN CODE A PUBLIC NUISANCE Mr. Carlson moved to waive the reading of ORDINANCE AMENDING CHAPTER 1 OF THE TOWN CODE RELATING TO ABATEMENT OF VIOLATIONS OF THE TOWN CODE AND AUTHORIZING INJUNCTIVE RELIEF THEREFOR. Mrs. Benjamin seconded. Carried unanimously. Deputy Clerk read title. Mr. Daily moved Ordinance be introduced. Mrs. Benjamin seconded. Carried unanimously. EMPLOYMENT PROGRAM Nadine Levin, Assistant Town Manager, spoke on the report that was handed to Council at the Beginning of the meeting. Patti Wilson spoke in support of her recommendations. John Hulme, Michael Moultary and Donna Raymer expressed their concerns on this item. After Council discussion, it was consensus of Council to have the sub-committee of Mr. Ventura and Mr. Daily meet with staff and Patti Wilson to review and refine her proposal regarding the consolidation of Youth Employment Program, Retirement Jobs and Career Center programs use of federal revenue sharing funds. Mr. Carlson feels it is important to support the youths. Seniors are more important or as important and those are the two things Council should be focusing on. The high school could help out and the Senior Coordinating Council can take on the seniors. It could be done very simply that way. Staff to investigate this proposal of what the high school is willing to do, how much money to do the job, and obtain the same information from the seniors. Current Youth Employment and Senior programs are to be funded until the end of August with General Revenue Sharing monies. TOWN CENTENNIAL COMMITTEE LOAN GRANT After discussion by the Town Council, Mr. Carlson moved, since the centennial is (a). of the Town and (b) a first of a kind therefore, exceptional and moved to grant $6,000 to the Committee. Money to come from the General Fund. Mr. Daily seconded. Carried by a vote of two ayes. Mayor Ferrito voted no. Mrs. Benjamin and Mr. Ventura abstained due to being members of the Centennial Committee. RESOLUTION COMMENDING ED BURKE Mr. Ventura moved to adopt Resolution No. 1984-121 entitled, A RESOLUTION COMMENDING ED BURKE. Mrs. Benjamin seconded. Carried unanimously. COUNCIL CHAMBERS HANDICAPPED ACCESS Mr. Ventura moved to approve a supplemental appropriation of $1,800.00 from Fund 14 to raise the last row of seats in the Council Chambers to the level of the main entry doors at the rear of the Council Chambers. Mrs. Benjamin seconded. Carried unanimously. ADJOURNMENT Mayor Ferrito declared the meeting adjourned at 11:20 p.m., Monday July 16, 1984 to a study session with the Camber Parking Committee on July 30, 1984 at 7:;30 p.m. ATTEST: Rebecca L. Yates Sr. Deputy Clerk