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M 01-18-82TOWN OF LOS GATOS TOWN COUNCIL MEETING JANUARY 18, 1982 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: 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. PRESENTATIONS Mayor Siemens presented a Resolution of Commendation to Gertrude R. Knott for her outstanding service to the Town and its citizens as a board member of the Santa Clara County Council on Aging. Mayor Siemens presented a Resolution of Commendation to Bradley Clifford for his contribution to the Town and its citizens while serving as a member of the Los Gatos Planning Commission. Mr. Sam Laub, Chairman of the Los Gatos Planning Commission, also presented Mr. Clifford with a Resolution of Commendation (as adopted by the Planning Commission). COMMUNITY SERVICES AND DEVELOPMENT COMMISSION APPOINTMENTS Mayor Siemens stated that Council held interviews of applicants prior to the Council meeting. He noted there are three vacancies at this time. Applicants for said commission were Nancy L. Aitken, E.J. 'Butch" Hart, Jr, Russell E. Louthian, Elaine "Vicky" Powell, Catherine Smith and Sy C. Ziswasser. Nominated for the three positions were Nancy Aitken, Catherine Smith, Vickey Powell and Ruddell Louthan. Voting was held and receiving the majority voters were Catherine Smith, Russell Louthian and Vicky Powell. They were reappointed to another three year term as members of the Community Services and Development Commission. STUDENT PARK COMMISSION APPOINTMENTS Mr. Frank Jelinch, Chairman of the Park Commission, stated the Park Commission Review Committee had interviewed six applicants who had expressed interest in becoming Student Commission members. They recommended the appointment of Jane Marie Durand and Marsha Ingleston. Mr. Ferrito moved to accept the recommendation and appoint Jane M. Durand and Marsha Ingleston to said commission for one year. Terms to expire February 1, 1983. Mrs. Rasmussen seconded. Unanimously carried. BID AWARD-CIVIC CENTER PARKING LOT EXPANSION Mrs. Cannon moved Council to accept staff recommendation and award the contract to low bidder, Saldivar Construction, in the amount of $53,170.00. Authorize the Mayor and Clerk to sign said contracts on behalf of the Town and appropriate $18,000.00 from Storm Drain Funds, Basin No. 2; and $8,000.00, from Federal Revenue Sharing Funds to cover construction costs. Mrs. Rasmussen seconded. Carried by a vote of four ayes, Mr. Ferrito voting no. BID AWARD NOVITIATE PARK FENCING Mr. Ventura moved Council accept staff recommendation and award contract for this work to low bidder, Chavez Brothers Fencing, in the amount of $4,548.00. Authorize the Mayor and Clerk to sign said contracts on behalf of the Town and appropriate $5,000.00, from park Tax Fund to cover construction costs. Mrs. Cannon seconded. Unanimously carried. BID AWARD TRAFFIC SIGNAL N. SANTA CRUZ & ANDREWS STREET Mrs. Cannon moved Council accept staff recommendation and award the contract for this work to low bidder, CVE, Inc., in the amount of $56,261.00. Authorize the Mayor and Clerk to sign said contracts on behalf of the Town. Mrs. Rasmussen seconded. Motion dies for lack of vote. Discussion was held re referring this to Planning Commission so it could be discussed in the Downtown Specific Plan. After further discussion, Mr. Ferrito moved the awarding of the contract be continued to the meeting of February 1, 1982. Mr. Ventura seconded. Unanimously carried. WRITTEN COMMUNICATIONS Letter from American Bank and Trust Company concerning increase of Trustee fees for the Town's Retirement Plan. Mrs. Rasmussen moved letter be referred to Retirement Board for review and recommendation. Mrs. Cannon seconded. Unanimously carried. Letter from Robert Barrow concerning rental mediation program fee and rate increase of Green Valley Disposal Co. Mrs. Rasmussen moved letter be filed together with Manager's response to Mr. Barrow. Mrs. Cannon seconded. Unanimously carried. Letter from Joyce Bisbee, Coordinator for the Ming Quong Strawberry Festival, stating the Strawberry Festival will be held June 5th and 6th, 1982, and requests that fees for the use of the Neighborhood Center be waived for this event. It was duly moved and seconded that this be referred to staff for full report on Strawberry Festival activities at the Council meeting February 1, 1982. Carried by a vote of four ayes. Mrs. Rasmussen abstained. Letter from California Energy Commission concerning wind energy. Mrs. Rasmussen moved this be referred to Development Review Committee and Planning Commission for review and comment after Commission completes the General Plan Review. Mrs. Cannon seconded. Unanimously carried. Letters from Mr. Craycroft, Mr. Olson and Mr. Watanabe concerning stop signs at National Avenue and Los Gatos-Almaden Road. Mrs. Rasmussen moved to direct staff to advise writers that follow up report is due to Council on March 15, 1982. Mrs. Cannon seconded. Unanimously carried. Letter from Gallagher & Reedy re Old Orchard Development Lands. Mrs. Rasmussen moved this be referred to staff for full report to be submitted to Council February 1, 1982. Mrs. Cannon seconded. Unanimously carried. Letter from the Chamber of Commerce concerning proposed Wine Appreciation Day to be held August 21, 1982. Mrs. Rasmussen moved this request be referred to staff for full report to be submitted to Council on March 1, 1982. Mrs. Cannon seconded. Unanimously carried. DEFERRED COMPENSATION PLAN Mrs. Rasmussen moved for adoption of Resolution No. 1982-10 entitled, A RESOLUTION APPROVING THE TOWN'S PARTICIPATION IN A DEFERRED COMPENSATION PLAN. Mrs. Cannon seconded. Unanimously carried. SCHEDULE OF PUBLIC HEARINGS Mrs. Rasmussen moved Council accept staff report re public hearings that have been scheduled for future Council meetings. Mrs. Cannon seconded. Unanimously carried. SALE OF USED TOWN VEHICLES Mrs. Rasmussen moved Council accept staff recommendations on bids that Town had received and authorize the disposition of surplus (used) vehicles as follows: Vehicle 15-Ford Pinto Sedan to Ron Walter for $325.00 Vehicle 101-Ford 1/2 ton pickup to John Hochstetler for $900.00 Vehicle 130-Ford Courier Pick-up to Ron Walter for $2,150.00 Vehicle 205-Int'nl 1/2 ton Pick-up to Ron Walter for $326.00. Vehicle 320-Int'nl Dump truck to Roger McLean for $755.00. Vehicle 509-Dodge Aspen Sedan to Archie Watson for $1,515.00. Vehicle 522-Dodge Aspen Sedan to Pauline Orr for $880.00. Vehicle 572-Dodge Coronet Sedan to Roger McLean for $175.00. Vehicle 586-Dodge 1/2 ton Pick-up to Mike Beeman for $325.00. Reject bids on Vehicle 4 and Vehicle 206 and retain said vehicles at this time and readvertise these at another time. Mrs. Cannon seconded. Carried by a vote of four ayes. Mr. Ferrito abstained. GREEN VALLEY RATE INCREASE REQUEST Mrs. Rasmussen moved to accept staff recommendation and set public hearing (re a proposed rate increase) for February 1, 1982. Mrs. Cannon seconded. Unanimously carried. COUNTY referrals Mrs. Rasmussen moved Council accept staff recommendation as follows: 1585-31-53-82-V Cherry Blossom Lane Sanfilippo Variance to reduce rear yard setback no comment.Mrs. Cannon seconded. Unanimously carried. WILLIAM STEPHENS RETIREMENT P.G.&E. Mrs. Rasmussen moved for adoption of Resolution No. 1982-11 entitled, A RESOLUTION COMMENDING WILLIAM B. STEPHENS JR. Mrs. Cannon seconded. Unanimously carried. APPEAL-TAM USE PERMIT 20 S. SANTA CRUZ AVE. Mrs. Rasmussen moved for adoption of Resolution No. 1982-12 entitled, A RESOLUTION DENYING AN APPEAL FROM A DECISION OF THE TOWN PLANNING COMMISSION. Mrs. Cannon seconded. Unanimously carried. CERTIFICATE OF ACCEPTANCE AND NOTICE OF COMPLETIONS Mrs. Rasmussen moved the Certificate of acceptance and Notices of Completion be approved for the following: 451 Los Gatos Boulevard-Charles Beebe 200 Prospect Avenue-Sisters of the Holy Name Tract 6860-16979 Roberts Road-Karnan & Damon 449 N. Santa Cruz Avenue-Northern California Savings and loan. Mrs. Cannon seconded. Unanimously carried. REVENUE AND EXPENDITURE REPORTS FOR DECEMBER Mrs. Rasmussen moved Council accept the Revenue and Expenditure report for the month of December 1982. Mrs. Cannon seconded. Unanimously carried. READOPTION OF ORDINANCE NO. 1523-APPEAL Mrs. Rasmussen moved Council accept staff recommendation and readopt Ordinance No. 1523 entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING SECTION 5.30.050 OF THE TOWN ZONING ORDINANCE TO PROVIDE THAT APPEALS FROM DECISIONS OF THE PLANNING COMMISSION MAY NOT BE WITHDRAWN WITHOUT THE CONSENT OF THE TOWN COUNCIL. Mrs. Cannon seconded. Unanimously carried. DECEMBER-REVENUE AND EXPENDITURE REPORTS Mrs. Rasmussen moved Council accept the December Revenue and Expenditure reports. Mrs. Cannon seconded. Unanimously carried. MINUTES Mr. Ferrito moved for approval of minutes of Council meetings January 4th and January 11th, 1982, as submitted. Mr. Ventura seconded. Carried by a vote of 4 ayes. Mrs. Cannon abstained. WRITTEN REQUEST ALMADEN TRIATHLON CHALLENGE Mrs. Rasmussen moved that Council accept staff recommendation and deny the request of the Almaden Triathlon Challenge to use Hicks Road as part of the route of a bicycle race on Sunday, April 4, 1982, as it would constitute a traffic hazard. Mr. Ventura seconded. Unanimously carried. TREASURER'S REPORT FOR DECEMBER It was consensus of Council to accept said Treasurer's report for the month of December 1982. ELECTION DATE CHANGE Discussion was held re wording on Notice to Registered Voters concerning election date change. After some suggested changes, Mr. Ferrito moved to following revised wording be used on the Notice to Registered Voters: "The Los Gatos Town Council has consolidated the next regular Town election on November 8, 1983, pursuant to Section 36503 of State Government Code. Terms of all currently elected officials have been extended accordingly to November, 1983 (Councilmembers Cannon, Ferrito, Siemens), and to November, 1985 (Councilmembers Rasmussen, Ventura; Town Clerk Aldag; Town Treasurer Stoops). No terms have been decreased, since the State Government Code does not allow any decrease in terms of office of elected Town officials. Voters should be aware that the Council has set an advisory election for June, 1982 to determine whether Town voters would prefer municipal elections be held in November of even-numbered years (consolidation with the state-wide general election) or in November of odd-numbered years (consolidation with local school district elections)." Mr. Ventura seconded. Carried by roll call vote of Ayes: Ruth Cannon, Thomas J. Ferrito, Marlyn J. Rasmussen, Brent N. Ventura and Mayor Peter W. Siemens. Noes: None. HANDICAPPED ACCESS POLICIES Town Manager presented report on handicapped access issues concerning policies and projects for the Town as follows: 1. That the Town policy concerning review of development building proposals incorporate a policy of maximum handicapped accessibility as a criterion used by Town staff in the review of plans and specifications; 2. That the Council authorize staff to proceed with the development of plans and specifications for the modifications of restrooms in the Town Hall facility so that those restroom facilities can be handicapped accessible; and that staff include in the proposed capital improvement budget the various other items identified to increase handicapped accessibility in the Town Hall facility; 3. That the Town approve a policy of implementation of handicapped parking regulations on private property which includes routine patrol in the Central Business District and response outside the Central Business District limited to response to complaints; 4. That the Council accept the informational reports dealing with the handicapped access issues at various locations, including the new building at 15961 Los Gatos Boulevard, the Old Town Parking lot, the Noodle Palace, the O.L. Johns building, and the Los Gatos Athletic Club; and 5. That the Council accept the revised priority list for handicapped access curb cuts as submitted by Mr. Jim Lewis in his correspondence of September 29, 1982, and instruct staff to use this new priority list for future handicapped access curb-cut projects. After some discussion on the above 5 issues, Mr. Ventura moved Council approve items 1,2,3 and 5 and approve 15961 Los Gatos Boulevard in (item 4) based on testimony received tonight and follow-up report be made re Los Gatos Athletic Club and letter be written to owner of Noodle Palace requesting improvements be made for handicapped access. Mrs. Rasmussen seconded. Unanimous;y carried. STATE CRIME STATISTICS & POLICE ACTIVITY REPORT It was consensus of Council that this item be reagendized for the meeting of February 16, 1982, and also have copies of previous published newspaper articles (re crime statistic's ) be distributed. So ordered. SIGNS FOR PUBLIC HEARING NOTICES Staff presented an informational report re sign notifications for public hearings. Discussion was held re cost of mailing notices vs. posting notices. It was consensus of Council that report be back to them in 120 days with revised report on cost break down re various signing procedures. WILLIAMSON ACT CONTRACT CANCELLATION Staff presented an information report re Williamson Act contract cancellation procedures. LAFCO URBAN SERVICE AREA ANNEXATION PROCESS Mr. Ventura moved Council restate its position supporting the revisions in LAFCO"s Urban Service Area Policies and indicate to LAFCO that the Town would support legislation that would allow annexation within U.S.A's to be processed solely by the annexing city. Mrs. Rasmussen seconded. Unanimously carried. BLOSSOM HILL ROAD-BRIDGE PROPOSED SIDEWALK Mr. Ferrito moved to accept staff recommendation and authorize the Mayor to seek assistance from the Town's elected State representatives in gaining approval by Cal- Trans of the proposed sidewalk construction. Mrs. Cannon seconded. Unanimously carried. SB 426-COMPULSORY AND BINDING ARBITRATION Mrs. Cannon moved for adoption of Resolution No. 1982-13 entitled, A RESOLUTION OPPOSING SB426 MANDATING COMPULSORY AND BINDING ARBITRATION. Mrs. Rasmussen seconded. Carried by a vote of three ayes. Mr. Ferrito and Mr. Ventura voting no. MITCHELL-BULOT ASSOCIATES PROPOSAL Staff presented an informational report on said proposal and it was their recommendation that Council should not spend its limited staff resources in assisting this development. Report accepted. PROPOSED BUS STATION Town Manager referred to staff report from the Community Services and Development Commission's recommendation that the Council approve the S. Santa Cruz Avenue site for the development of a bus station. He is requesting Council to defer decision re this recommendation until public hearings on the Downtown Specific Plan are held. Mr. Quigley, Vice-Chairman of the Community Services and Development Commission, spoke on the recommendation of the Commission, giving reason for selection of said site and urges Council to take some action on this recommendation. After further discussion, Mrs. Rasmussen moved Council direct staff to prepare cost report on temporary building on site that CSDC recommended. Mr. Ferrito seconded. Unanimously carried. Staff also investigate the possible use of Gas Tax funds or application for Grant from MTC for said project. ACCESS PROBLEMS 14739 WINCHESTER BOULEVARD Staff to contact Mr. Perini re access problems. TOWN VOLUNTEER PROGRAM Discussion was held re proposed program. Further information to be given to Council and this will be discussed at a later date. COUNCIL ITEM Mayor reported on Transportation Commission, stating the Board of Supervisors has set up County Task Force to discuss and propose a ballot measure for County to increase gas tax for local street and highway funding. ADJOURNMENT Mayor Siemens declared the meeting adjourned at 10:15 p.m.