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M 09-13-82TOWN COUNCIL MEETING SEPTEMBER 13, 1982 TOWN COUNCIL The Town Council of the Town of Los Gatos met in the Council Chambers of the Town Hall at 7:00 P.M., in continued regular session. ROLL CALL PRESENT: Thomas J. Ferrito, Marlyn J. Rasmussen and Mayor Brent N. Ventura. ABSENT: Ruth Cannon and Peter W. Siemens. Mrs. Cannon arrived at 7:10 p.m. Mr. Siemens arrived at 7:30 p.m. 227-229 FORRESTER ROAD NOTICES OF COMPLETION Mrs. Rasmussen moved to accept staff recommendation and authorize Mayor to execute a Notice of Completion and Certificate of Acceptance for property located at 227-229 Forrester Road, (Haaberg, Del Bene & Rusin). Mr. Ventura seconded. Carried unanimously. NOTICE OF COMPLETION 16401 KENNEDY ROAD Mrs. Rasmussen moved to accept staff recommendation and authorize Mayor to execute Notice of Completion and Certificate of Acceptance for property located at 16401 Kennedy Road, (George Day Construction Company). Mayor Ventura seconded. Carried unanimously. COUNTY DESIGN REVIEW ORDINANCE Mayor Ventura moved to accept staff recommendation and forward report and maps to the County Planning Commission as the Town's recommendation for the properties to be included in design review overlay and expand said maps to make sure it covers all area visible from the valley floor. Mrs. Rasmussen seconded. Unanimously carried. BUDGET TRANSFERS FY 1982-83 Mrs. Rasmussen moved to approve the budget transfers and supplemental appropriations for salary increases as follows: Personnel & related exp. $3,057.00 Town Manager 17,125.00 Town Clerk 11,509.00 Town Treasurer 799.00 Planning Department 22,944.00 Building Regulations 12,750.00 Police Department 134,520.00 Public Works/Eng. 42,748.00 Public Works/Maint. 32,828.00 Parks Department 53,107.00 Total General Fund Transfers $379,073.00 Sewer Maint. 10,959.00 Total Sewer Maintenance $ 10,959.00 (Supplemental Appropriation) Community Programs 3,061.30 Total Community Programs Transfer 3,061.30 Mr. Ventura seconded. Unanimously carried. MINUTES Mr. Ferrito asked that the minutes of August 16, 1982, approving minutes of August 2, 1982, be amended to state, "...approve minutes indicating that Mr. Ferrito arrived at 8:52 p.m.". This statement should be reflected whenever a Council member arrives late and should be indicated after roll call and again at the time of arrival in the meeting.Mr. Ferrito moved minutes be approved as amended. Mayor Ventura seconded. Carried by a vote of two ayes. Mrs. Rasmussen abstained. Mrs. Cannon and Mr. Siemens were absent. Mrs. Cannon arrived at 7:10 p.m. WRITTEN COMMUNICATIONS Letter from the County Board of Supervisors explaining the formation of an interim Route 85 Policy Board. Mr. Ferrito moved to authorize the Mayor to appoint a member of the Council as the Town's representative. Appointment to be made and announced at a later date. PAYROLL AND WARRANT DEMANDS Mrs. Rasmussen moved to approve the August payroll and warrant demands. Mr. Ventura seconded. Carried unanimously. AUGUST 24TH RECALL ELECTION RESULTS Mrs. Rasmussen moved to adopt the following: RESOLUTION NO. 1982-165 A RESOLUTION DECLARING THE RESULTS OF THE SPECIAL MUNICIPAL RECALL ELECTION AND HELD AUGUST 24, 1982 WHEREAS, a Special Municipal Recall Election was held in the Town of Los Gatos on Tuesday, the 24th day of August 1982, and was conducted in the form and manner as required by the laws of the State of California governing the elections of General Law Cities, now therefore, declares: The total number of registered voters was 16,070. The total number of votes cast was 4,692 including absentee ballots for the three (3) issues submitted to the voters as follows: Shall Peter W. Siemens be recalled from the office of Councilmember? Shall Thomas J. Ferrito be recalled from the office of Councilmember? If the recall prevails, shall the Town Council fill the vacancy or vacancies by appointment or call a special election for the purpose? by appointment by special election RESOLVED FURTHER: That the Town Clerk shall enter upon the records of this Town Council the results of said Special Municipal Recall Election held August 24, 1982. PASSED AND ADOPTED this 13th day of September, 1982 by the following vote: AYES: council members: Ruth Cannon, Thomas J. Ferrito, Marlyn J. Rasmussen and Mayor Brent N. Ventura. NOES: COUNCIL MEMBERS: None. ABSENT council members pETER w. sIEMENS. abstain: council members: None Mrs. Cannon seconded. Carried unanimously. JULY FINANCIAL REPORT Mrs. Rasmussen moved to accept the July, 1982 financial report. Mayor Ventura seconded. Carried unanimously. TREASURER'S JULY REPORT Mr. Ferrito moved to accept the July, 1982 Treasurer's report. Mayor Ventura seconded. Carried unanimously. COST-BIWEEKLY PAY Note and file. No written report was filed. CLAIM FOR DAMAGES CORBETT Mrs. Rasmussen moved to accept staff recommendation and deny claim filed on behalf of Bruce and Shirley Corbett. Mrs. Cannon seconded. Carried unanimously. CLAIM FOR DAMAGES-LEIS Mrs. Cannon moved to accept staff recommendation and approve the claim for Louis Leis in the amount of $97.00. Mrs. Cannon seconded. Carried unanimously. LEAGUE OF CALIF. CONFERENCE Mrs. Rasmussen moved to approve the Town Attorney's request to attend the League of California Cities Conference meeting October 18th and 19th, 1982. Mayor Ventura seconded. Unanimously carried. LEGAL ADVOCACY AMICUS PARTICIPATION Mr. Ferrito moved to accept staff recommendation on amicus participation in the following cases on the usual no cost basis. Woods Mobile County Club Park vs. Clovis City Mobile Rent Review Commission Powers vs. City of San Rafael Shelter Creek Development Corp. vs. City of Oxnard Mrs. Rasmussen seconded. Carried unanimously. Discussion was held on the case of People vs. Miller regarding persons sleeping in any vehicle on any public street or privately owned parking lots. It was consensus of Council to ask staff for report on this before authorizing the drafting of an ordinance to prohibit such action. OAK KNOLL DRIVE ZONE CHANGE- COLLISHAW Mr. Ferrito stated he had reviewed the proposed ordinance as amended at the last meeting and finds an error in wording on Page 4 item 9c. The last portion of sentence should read, "...a gate shall be installed". After further discussion as to proceedings the Town Attorney stated Ordinance should be introduced as amended. Mr. Ferrito moved Ordinance be introduced as amended. Mayor Ventura seconded. Carried by a vote of three ayes. Mrs. Rasmussen abstained. Mr. Siemens arrived at 7:30 p.m. ZONE CHANGE 14700 OKA ROAD DENEVI Discussion was held on wording of item ii of the Official Development Plan and wording should be, "The applicant shall explore the feasibility of exchanging BMP unit 12 with unit 4 and at the time of Architecture and Site Approval, the Planning Commission shall determine whether the BMP unit shall be placed outside the proposed transportation corridor". Mr. Ferrito moved to amend and reintroduced the Ordinance. Mayor Ventura seconded. Carried by a vote of four ayes. Mrs. Rasmussen abstained. STREET LIGHT TURN-OFF The Town Manager reported this action was one taken during the budget hearings and estimated savings on the turning off of 200 street lights would be $24,000, for a 12 month period. Mr. Van Houten, Director of Public Works, referred to the map posted on the wall, showing the lights that are proposed to be turned off and 300 meet the criteria. He also stated staff had developed criteria to turn off every other light in residential neighborhoods, retaining the lights at intersections, curves and the end of cul-de-sacs and no light would be turned off in the downtown area. After further discussion, Mrs. Rasmussen moved to accept staff recommendation and authorize staff to turn off approximately 200 street lights. Mayor Ventura seconded. Discussion was held regarding long range program and Mrs. Rasmussen amended her motion to instruct the Engineers to develop a long range program to determine which lights are best suited to be turned off based on the amount of light they give out. Mayor Ventura seconded. Carried by a vote of three ayes. Mrs. Cannon and Mr. Ferrito voting no. CONTINUED ITEMS Mr. Siemens moved the following 4 items be continued to September 20th meeting: 1. Report on sewer lateral maintenance. 2. Report on sound wall at Vasona Court, Knowles Drive noise conditions. 3. Green Valley Disposal agreement. 4. Discussion of possible crosswalk on Blossom Hill Road at Vasona Park. Mrs. Rasmussen seconded. Unanimously carried. EARTHQUAKE SAFETY PROGRAM Mr. Mora, Town Manager, reported that records regarding the earthquake safety program are being transferred from the County. Mayor Ventura suggested that when staff is ready he and Mrs. Rasmussen will meet and confer with staff and report will be prepared for Council CRIME WATCH PROGRAM Mr. Siemens spoke on programs being conducted in Southern California. It was consensus of Council to direct staff review the program and prepare a report to Council. PCB TRANSFORMERS IN LOS GATOS The Town Manager stated he has not received a letter from P.G. &E. as to date of removal and total locations of PCB's in Los Gatos. It was consensus of Council to place this on the next agenda. AUDIT HOTEL/MOTEL TRANSIENT OCCUPANCY TAX Mr. Ferrito moved to authorize staff to proceed with the audit of Hotel/Motels regarding payment of Transient Occupancy Tax. Mayor Ventura seconded. Unanimously carried. CRUISING ORDINANCE Mrs. Rasmussen moved Council direct the Town Attorney to draft a new ordinance governing cruising in Los Gatos. Mr. Siemens seconded. Unanimously carried. Mayor Ventura requested a copy of statute. Ordinance to be prepared for the meeting of September 20, 1982. Mayor Ventura moved to direct the Town Attorney to contact the ACLU and ask for any input they may have regarding cruising. Mr. Siemens seconded. Motion failed by a vote of two ayes. Mrs. Cannon, Mr. Ferrito and Mrs. Rasmussen voting no. It was consensus of Council to send a letter to Mr. Anawalt and Mr. Konnyu for their assistance in presenting the Town's case regarding cruising ordinance to the State Legislature. TAIT AVENUE SPEEDING . This is to be agendized as a public hearing and notices be sent to residents in the area. Schedule for October 25, 1982 due to the meeting of October 18, 1982 being cancelled for lack of quorum. SARATOGA AVENUE IMPROVEMENTS Mayor Ventura reported on preliminary stages of beautification along Saratoga Avenue in conjunction with street widening improvements the Town will be undertaking in the coming year. POLICE PATROL CAR SPECIFICATIONS Mrs. Rasmussen moved to adopt Resolution No. 1982-166 entitled, RESOLUTION OF THE TOWN OF LOS GATOS APPROVING PLANS AND SPECIFICATIONS FOR THE PURCHASE OF ONE 1983 FOUR-DOOR SEDAN AUTOMOBILE FOR POLICE PATROL USE. (Bid to be opened October 7, 1982 at 3:00p.m.). Mrs. Cannon seconded. Carried by a vote of four ayes. Mr. Siemens voting no. WALK-A-THON Valeria Cartwright spoke on this stating the route had been changed and has been cleared with the Police Department. The Walk-a-thon will be held only in Los Gatos, on Saturday, October 9, 1982. Policing will be provided by volunteers and Mayor and Council are invited to participate. Mr. Ferrito moved Council grant request. Mayor Ventura seconded. Unanimously carried. RECONSIDERATION REQUEST FOR VALLEY FAIR FOOD APPEAL Letter from Mr. Del Grande, President of Valley Fair Foods, Inc. at 15300 Los Gatos Boulevard, asked Council for reconsideration on action taken by Council at the September 7, 1982 meeting. Mrs. Rasmussen moved request be denied. Mr. Siemens seconded. Unanimously carried. ADJOURNMENT Mrs. Rasmussen moved meeting be adjourned at 8:25 p.m. Mr. Ferrito seconded. Unanimously carried.