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M 02-01-82TOWN OF LOS GATOS TOWN COUNCIL MEETING FEBRUARY 1, 1982 TOWN COUNCIL The Town Council of the Town of Los Gatos met in the Council Chambers of the Town Hall at 7:30 p.m., in regular session. ROLL CALL PRESENT: Ruth Cannon, Thomas J. Ferrito, Marlyn J. Rasmussen, Brent N. Ventura and Peter W. Siemens. ABSENT: None. PLEDGE OF ALLEGIANCE Given by all in attendance. The Town Manager reported on the Executive Session held prior to the Council meeting, stating Council received information on the litigation of Villa Vasona; Novitiate acquisition; Bandov property; and O.L. Johns. Council also received information re labor negotiations with Group 11 Management Association and AFSCME. No action was taken. PRESENTATION Mayor Siemens presented William Stephens with a Resolution of Commendation for his service to the community and citizens of Los Gatos. SERVICE AWARDS Mayor Siemens presented Town Service Pins to the following Town Employees: PUBLIC WORKS DEPT. Gerald Argall 25 yrs. Ron Walter 15 yrs. LIBRARY Margie Patterson 15 yrs. Shirley Egan 15 yrs. Jackie Spillane 5 yrs. POLICE DEPARTMENT Wayne Saindon 10 yrs. Robert Weber 10 yrs. Charles Adams 10 yrs. Robert eger 10 yrs. Patricia Johnson 5 yrs. EXTRA AGENDA ITEMS Mrs. Rasmussen moved to add agenda item 19 (a), a request from the Town Attorney to attend a League of California Cities Conference, continue item 18(a) and ex agenda items 18(b & c) re Mediation Ordinances to February 18, 1982. Mr. Siemens seconded. Unanimously carried. COMMUNICATION Letter from O.L. Johns, 151 N. Santa Cruz Avenue, complaint against Police Departments refusal to give equal protection of the law. Mrs. Rasmussen moved this letter be referred to Town Attorney for response. Mrs. Cannon seconded. Unanimously carried. COUNCIL HEARING SCHEDULE Mrs. Rasmussen moved to accept informational report as to the schedule of Council hearings. Mrs. Cannon seconded. Unanimously carried. PLANNING REPORT Mrs. Rasmussen moved to accept the informational Planning report for February, 1982. Mrs. Cannon seconded. Unanimously carried. PROCESSING FEES CANCELLATION WILLIAMSON ACT Mrs. Rasmussen moved for adoption of Resolution No. 1982-14 entitled, RESOLUTION ESTABLISHING A FEE SCHEDULE FOR PROCESSING PETITIONS REQUESTING CANCELLATION OF WILLIAMSON ACT CONTRACTS. (Fee for said processing set at $450.00) Mrs. Cannon seconded. Unanimously carried. JANUARY PAYROLL &WARRANT DEMANDS Mrs. Rasmussen moved for approval of the January payroll in the amount of $275,470.71 and the January 1982 warrant demands in the amount of $276,934.89. Mrs. Cannon seconded. Unanimously carried. CLAIM DAMAGES (MITCHELL) Mrs. Rasmussen moved Council accept staff recommendation and authorize payment of Mr. Mitchell's claim for damages in the amount of $963.00 and authorize the Town to file in small claims court against Pisano Construction. Mrs. Cannon seconded. Unanimously carried. FUND TRANSFER TO POLICE BUDGET Mrs. Rasmussen moved Council accept staff recommendation and authorize the transfer of $600.00 from the Community events account (revenue sharing) to the Police Department Budget for costs associated with the Christmas Parade. Mrs. Cannon seconded. Unanimously carried. TOWN ADVISORY COMMITTEE COMMENDATIONS Mrs. Rasmussen moved for adoption of Resolutions of Commendation for each member of the Town Advisory Committee as follows: RESOLUTION NO. 1982-15 COMMENDING JACK AIELLO RESOLUTION NO. 1982-16 COMMENDING JOANNE BENJAMIN RESOLUTION NO. 1982-17 COMMENDING REX BURBANK RESOLUTION NO. 1982-18 COMMENDING JAN BURLAND RESOLUTION NO. 1982-19 COMMENDING HARRY CAMPBELL RESOLUTION NO. 1982-20 COMMENDING ERIC CARLSON RESOLUTION NO. 1982-21 COMMENDING BUD CHRISTENDEN RESOLUTION NO. 1982-22 COMMENDING MARION COSGROVE RESOLUTION NO. 1982-23 COMMENDING MARILYN BASS RESOLUTION NO. 1982-24 COMMENDING KATHY ANDERSON RESOLUTION NO. 1982-24 COMMENDING KATY ANDERSON RESOLUTION NO. 1982-25 COMMENDING KAREN ETTINGER RESOLUTION NO. 1982-26 COMMENDING LEA F. FREY RESOLUTION NO. 1982-27 COMMENDING ARGO GHERARDI RESOLUTION NO. 1982-28 COMMENDING BOB HOLDING RESOLUTION NO. 1982-29 COMMENDING JUDY HOWELL RESOLUTION NO. 1982-30 COMMENDING JOAN KJEMTRUP RESOLUTION NO. 1982-31 COMMENDING KATHY MORGAN RESOLUTION NO. 1982-32 COMMENDING DALE O'TOOLE RESOLUTION NO. 1982-33 COMMENDING GENE RUGANI RESOLUTION NO. 1982-34 COMMENDING KEN STEFFIN RESOLUTION NO. 1982-35 COMMENDING BOB TEMPLETON RESOLUTION NO. 1982-36 COMMENDING J.D. VANDERLAAN RESOLUTION NO. 1982-37 COMMENDING MILDRED VOELKER RESOLUTION NO. 1982-38 COMMENDING FRED YOUNG Mrs. Cannon seconded. unanimously carried. WEED ABATEMENT Mrs. Rasmussen moved for adoption of Resolution No. 1982-39 entitled, A RESOLUTION DECLARING WEEDS A PUBLIC NUISANCE AND PROVIDING FOR THEIR ABATEMENT. (Public hearing set for March 1, 1982). Mrs. Cannon seconded. Unanimously carried. NOTICE OF COMPLETION Mrs. Rasmussen moved Council approve the Certificate of Acceptance and Notice of Completion for Rossendin Electric, Inc., for conversion of Street Lights to High Pressure Sodium (Phase 2) Project 238RS. Mayor to authorize to sign said notice. Mrs. Cannon seconded. Unanimously carried. AGREEMENT CAL-TRANS MAINTENANCE OF FORBES MILL PEDESTRIAN BRIDGE Mrs. Rasmussen moved to accept staff recommendation and adopt Resolution No. 1982-40 entitled, RESOLUTION AUTHORIZING AGREEMENT FOR PEDESTRIAN BRIDGE OVER HIGHWAY 17, at Forbes Mill and authorize Mayor to sign agreement on behalf of the Town and direct Clerk to pay $8,500.00, to the State for the painting and repairing the pedestrian bridge. Mrs. Cannon seconded. Unanimously carried. MINUTES Mr. Ferrito moved minutes for Council meeting of January 18, 1982, be approved as submitted. Mr. Ventura seconded. Unanimously carried. WRITTEN COMMUNICATIONS Letter from Clifford Petersen requesting a waiver or reduction of fees for a development application on property at 110 Wooded View Drive. Mrs. Rasmussen moved to accept staff recommendation and deny said request. Mr. Ventura seconded. Unanimously carried. Letter from Rinconada Hills Association requesting the installation of additional street lights in their area. After some discussion, Mr. Ferrito moved Council direct staff to correspond with the Rinconada Hills Association advising them, the Town does not maintain or improve private property at public expense. Mr. Ventura seconded. Unanimously carried. Letter from Pacific West Tract Club requesting permission to hold their 4th Annual Los Gatos-Vasona 10K Race to be held Sunday, February 21, 1982, at 9:00 a.m. Mr. Ventura moved to accept staff recommendation and grant the request. Mrs. Rasmussen seconded. Unanimously carried. Letter from Los Gatos Community Concert requesting the placing of a banner over N. Santa Cruz Avenue near Main Street during their campaign week February 22nd through the 26th, and request the Mayor to proclaim that week as COMMUNITY CONCERT WEEK. After some discussion, Mrs. Cannon moved request to hang banner be denied and grant the request for proclamation. Mr. Ventura seconded. Unanimously carried. Letter from Terrence Daily resigning from the Youth Advisory Commission effective January 29, 1982, and thanking Council for his appointment to the Planning Commission. Mr. Ferrito moved Council accept said resignation with regret and direct staff to prepare a Resolution of Commendation. Mrs. Cannon seconded. Unanimously carried. Clerk to advertise for applicants to vacancy on Youth Advisory Commission. TELEPROMPTER CABLE TELEVISION SERVICE Mayor Siemens stated this was the time and place duly published for public hearing concerning services of Teleprompter Cable television. The Town Manager gave some background on the reason for this hearing and Council's instructions for him to enter into a contract with a firm providing for an examination of the cable system's quality and performance. He informed Council that Hammett & Edison of Burlingame was hired to undertake this technical audit. Mr. Paul Monaco, a principal of the firm, spoke to Council giving a summary on problems of transmittal and feels the lack of clear pictures is due to lack of maintenance of equipment by TelePrompter and stated a complete report will be furnished to Council members at a later date. Speaking on poor service being received now were: Mr. Thompson, 207 Vista de Sierro; Ruth Tabor, 260 Old Adobe Road; Arthur Elbon, 420 Alberto Way; Walter Ward, Euclid Avenue; Egon Jensen, 182 Lester Lane; and Barbara Mason, Euclid Avenue. There being no one else in the audience wishing to speak on this matter, Mrs. Cannon moved hearing be closed. Mrs. Rasmussen seconded. Discussion was held as to when the Council would be receiving the full report, on the evaluation of the system, from Hammett & Edison. Mrs. Cannon then withdrew her first motion and moved to continue the public hearing to March 1, 1982. Mrs. Ventura seconded. Unanimously carried. Mr. Ferrito moved Council direct staff to inquire of other Cable TV providers whether they would be interested in having a franchise in the Town of Los Gatos. Mr. Ventura seconded. Unanimously. Mrs. Rasmussen moved Council direct staff to investigate other communities in the surrounding areas that own their own Cable TV system and report to Council as to the advantages and disadvantages. Mr. Siemens seconded. Unanimously carried. Report to be back to Council by March 1, 1982. COUNTY REFERRALS Mayor Siemens stated this was the time and place Council would discuss the County Referrals. Mr. Matteoni, representing Tandem Computer, stated Tandem Computers had met with neighbors in the area and he believes the educational use is acceptable by them. Their main concerns were the use not become commercial, fire protection and the commitment of Tandem to maintain van pooling to minimize any traffic impact. Mr. Matteoni presented Council with copies of letters from adjacent property owners. Mr. & Mrs. Robert Criswell, R.G. Sutton and Lloyd A. Olson, favoring the construction of the educational facility. Speaking in opposition of said proposal were Ed McDooley, representing the Lexington Hills Association, and Kurt Anslinger. After further discussion, Mrs. Cannon moved Council accept staff recommendation on the following Referrals: 989-24-49-80G Sherrys Way Andrade 1 yr. extension on grading permit 1590-27-43-82B Brush Road Faust Single family dwelling no comment. 1592-27-43-82B Brush Road Faust Single family dwelling No comment. 12S77.9 Call of the Wild Road Gies 3-lot subdiv. Town refuse to enter into an agreement on the basis that annexation or development of the property is immature. 312-26-47-81P Black Road Marcum Educational Retreat (Tandem Computers) and that no approval or intent to improve be granted until a thorough study is made of various problems noted in the application and the Town to receive all such studies prior to hearings by the County and that the Town be advised of all hearings. Mr. Ventura stated he would second the motion if maker of motion would add, "Town expresses grave concern about the County varying from its General Plan which does not permit this sort of use". Mrs. Cannon stated she would accept that as part of her motion. Motion unanimously carried. RECESS Mayor declared a recess and meeting reconvened at 10:p.m. GREEN VALLEY RATE INCREASE Mayor Siemens stated this was the time and place duly published for public hearing to consider the request for rate increase for the Green Valley Disposal Company. The Town Manager referred to report regarding the request for the increase and stated this had been discussed and reviewed in conjunction with staff from Monte Sereno, Campbell and Saratoga. Mr. Bob Stevens, representing Green Valley Disposal, spoke on behalf of increase request. After further discussion and no one else in the audience wished to speak, Mrs. Rasmussen moved hearing be closed. Mrs. Cannon seconded. Unanimously carried. Mrs. Rasmussen moved for adoption of Resolution No. 1982-41 entitled, A RESOLUTION APPROVING RATE INCREASES FOR GREEN VALLEY DISPOSAL COMPANY. Mrs. Rasmussen seconded. Unanimously carried. PEDI-CAB REGULATIONS Discussion was held on the proposed ordinance before Council prohibiting the use of non-motor-driven vehicles to carry passengers for hire. It was consensus of Council that this matter be referred to staff for further study on alternatives and report be back to Council later in March. MEDIATION ORDINANCE AMENDMENTS These issues were continued to February 16, 1982m as requested by the Tri-County Apartment Association. SURPLUS ATTORNEY'S LIBRARY DISPOSAL Mrs. Rasmussen moved Council accept staff recommendation and donate the surplus 1st Edition of West's California Digest to the Law Library at the University of Santa Clara and they will assume all costs of moving said books. Mrs. Cannon seconded. Unanimously carried. ATTORNEY'S REQUEST TO ATTEND LCC Mr. Ventura moved Council grant request of Town Attorney to attend a League of California Cities Seminar for Municipal Attorneys on March 5, 1982, and authorize the payment of the cost of registration which is $55.00. Mr. Ferrito seconded. Unanimously carried. MID-YEAR BUDGET REPORT Town Manager referred to Mid-Year Budget report which he had distributed to Council tonight, stating this would be considered at the Council meeting of February 8, 1982. COMMUNITY ATTITUDE SURVEY Town Manager reported that Council had authorized staff to solicit proposals from five firms to conduct a community survey. Responses were received from two (2) firms and based on cost considerations, it is recommended that Cory, Canapary and Galanis be selected. (Their proposed cost was $9,000, plus of minus ten percent). Mr. Art Snyder, 236 N. Santa Cruz Avenue, questioned why Council did not solicit local groups to do the survey. They would have done it with less cost to the Town. It was stated the purpose of the whole survey is so the Town can provide best services to the Citizens in the most efficient manner. After further discussion, Mr. Ventura moved for adoption of Resolution No. 1982-42 entitled, A RESOLUTION AUTHORIZING TOWN MANAGER TO NEGOTIATE AND EXECUTE AN AGREEMENT FOR TOWN COMMUNITY ATTITUDE SURVEY TO BE PROVIDED BY COREY, CANAPARY AND GALANIS and to transfer $10,000, to General Town Administration from the General Fund Appropriated contingency to cover the cost of the study. Mr. Ferrito seconded. Carried by a vote of three ayes. Mrs. Cannon and Mrs. Rasmussen voting no. OLD ORCHARD DEVELOPMENT Mr. Bowman stated no additional information had been received so there is nothing to report. TREE PLANTING PLAN-W. MAIN & VICTORY LANE PARKING LOT Mr. Ventura moved to accept staff recommendation and that five new replacement trees be planted one of which he would like to be a conifer. Mrs. Rasmussen seconded. Unanimously carried. TRANSFER OF FUNDS TO HCDS Mrs. Rasmussen moved Council accept staff recommendation and approve the transfer of $4,616.67 from the current year appropriated General Fund contingency to HCDA Fund #28. Mr. Ventura seconded. Carried by a vote of four ayes. Mr. Ferrito voting no. JUNE ADVISORY ELECTION BALLOT TEXT Staff presented the following Advisory Measure language for the June ballot: "Shall the regular Town municipal elections be consolidated with either: General Statewide Elections held in November of even numbered years? OR Local School District Elections held in November of odd numbered years? After some discussion it was noted that the first question should read, "General Statewide and National Elections..." Mr. Ferrito moved to approve the wording as corrected. Mr. Ventura seconded. Unanimously carried. This motion to also include that Council direct the Town Attorney to prepare an impartial analysis of the measure for incorporation into the ballot pamphlet and direct Attorney to report back to Council on pro's and con's of election ballot arguments. Unanimously carried. STRAWBERRY FESTIVAL REQUEST Mr. Ventura moved Council accept staff recommendation and grant the request of Ming Quong Childrens Center to hold the "Strawberry Festival" at the Civic Center and Neighborhood Center on Saturday and Sunday, June 5th and 6th, 1982, and waive the fees for the use of the Neighborhood Center. Mrs. Cannon seconded. Mrs. Rasmussen abstained. TDA ARTICLE 3 FUNDS Mr. Ventura moved Council accept staff recommendation and authorize the Public Works Department to submit an addendum to the TDA proposal for the bicycle path along Los Gatos Creek from Blossom Hill Road to the bridge at Roberts Road and request funding for the project using $16,000 of the $19,000 available seventy (70%) per cent money, (Los Gatos" share for the next three years). Mrs. Cannon seconded. Unanimously carried. UTILITY COMPANY PARTICIPATION IN ASSESSMENT DISTRICT Mr. Ferrito moved Council accept staff recommendation and (1) reject the proposal of the PG & E to charge the Knowles Drive and Broadway Extension Assessment District for utility relocation work based on the amount of private participation in each assessment; (2) direct staff to advise PG & E that the Town claims reimbursement of the entire amount of payments (paid under protest) for utility relocation work in the assessment districts. Mr. Ventura seconded. Unanimously carried. PS OR PUBLIC SCHOOL OVERLAY ZONE Mrs. Rasmussen moved Council note and file the report from Planning Commission concerning the PS or Public School Overlay Zone. Mr. Ventura seconded. Unanimously carried. COUNTY COUNCIL ON AGING APPOINTMENT Mr. Ferrito moved Council appoint Mrs. Nelle Hanley to represent the Town of Los Gatos on the Santa Clara County Council on Aging Board of Directors as recommended by the Senior Coordinating Council. Mrs. Hanley replaces Gertrude Knott. Mr. Ventura seconded. Unanimously carried. ADJOURNMENT Mayor siemens at 11:10 p.m., declared the meeting adjourned to 7:30 p.m., Monday February 8, 1982.