Loading...
M 05-03-82TOWN COUNCIL MEETING MAY 3, 1982 TOWN COUNCIL The Town Council of the Town of Los Gatos met in the Council Chambers of the Town Hall at 7:37 p.m., in regular session. ROLL CALL PRESENT: Ruth Cannon, Thomas J. Ferrito, Marlyn J. Rasmussen, Brent N. Ventura and Mayor Peter W. Siemens. ABSENT: None PLEDGE OF ALLEGIANCE Given by all in attendance. PRESENTATION Mayor Siemens presented Resolution of Commendation to the Fisher Junior High School Basketball Team for their outstanding season. Accepting for the team was Bob Kensinger. EXECUTIVE SESSION REPORT Mayor Siemens stated the following issues had been discussed in Executive Session: 1. Labor relations 2. Potential litigation relating to Genge, Inc. 3. Novitiate appeal litigation. 4. Discussed agreement for possible settlement of Pedro's lawsuit. 5. Discussed Toll House litigation and authorized the Attorney to send a letter supporting the plaintiffs. Vote on said issue was three ayes. Mrs. Cannon and Mrs. Rasmussen voting no. 6. Discussed a personnel matter. APPOINTMENT TO COMMUNITY SERVICES AND DEVELOPMENT COMMISSION Interviews were held prior to Council meeting for the Community Services and Development Commission. Applicants for this opening were Catherine Klein, Marshall D. Smith and Jeanne Partridge. Nomination and voting was held. Catherine C. Klein received the majority of votes and was appointed to the Commission to fill the unexpired term of William Quigley. Term expires January 1, 1983. EX-AGENDA ITEMS Mrs. Rasmussen moved to add ex-agenda item number 41A, for report regarding Genge contract. Mrs. Cannon seconded. Unanimously carried. Mrs. Rasmussen moved to add ex-agenda item number 41B to discuss development of the land which was the Cambrian Golf Course. Mr. Ferrito seconded. Unanimously carried. WRITTEN COMMUNICATIONS (REFERRAL/FILE) 1. Letter from J. C. Crum regarding Villa Vasona issue being placed on the June, 1982 ballot. Mr. Ventura moved Council accept staff recommendation and refer this to the Manager for response on the various issues and details. Mrs. Cannon seconded. Unanimously carried. 2. Letter from F. Randolph regarding nuclear war. Mr. Ventura moved this correspondence be noted and filed. Mrs. Cannon seconded. Unanimously carried. 3. Letter from K. Tonneson regarding the recycling center. Mr. Ventura moved this letter be filed. Mrs. Cannon seconded. Unanimously carried. 4. Letter from Rinconada Hills Assn. regarding parking and advertising of sales of the vehicles along Pollard Road. Mr. Ventura moved this correspondence be referred to staff for enforcement. Mrs. Cannon seconded. Unanimously carried. 5. Letter from M. Fitwater regarding installation of parking meters. Mr. Ventura moved this be referred to the Parking Committee. Mrs. Cannon seconded. Unanimously carried. PAYROLL AND WARRANT DEMANDS Mr. Ventura moved for approval of April payroll in the amount of $284,436.74 and the April warrant demands in the amount of $370,436.37. Mrs. Cannon seconded. Unanimously carried. COUNCIL HEARING SCHEDULE Council accepted schedule of public hearings for future Council meetings. PLANNING REPORT Mr. Ventura moved to accept Planning Department's monthly report including Planning Commission/Planning Department work priorities, April-June, 1982. Mrs. Cannon seconded. Unanimously carried. TRANSFER OF FUNDS Mr. Ventura moved to accept staff recommendation and transfer the remaining balance of $49,020.62, from Appropriation to Community Development to the General Fund Appropriated Contingency, (as the position of Community Development Director is no longer authorized. There will be no further expenditure from this appropriation. Mrs. Cannon seconded. Unanimously carried. AMENDMENT TO KAISER HEALTH PLAN Mr. Ventura moved for adoption of Resolution No. 1982-85 entitled, A RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO EXECUTE AN AMENDMENT TO THE GROUP MEDICAL AND HOSPITAL SERVICE AGREEMENT BETWEEN THE TOWN AND KAISER FOUNDATION HEALTH PLAN, INC. Mrs. Cannon seconded. Unanimously carried. WEST VALLEY ASSIST-CONTRACT AMENDMENT Mr. Ventura moved for adoption of Resolution No. 1982-86 entitled, A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AMENDING THE CONTRACT WITH WEST VALLEY ASSIST FOR THE PROVISION OF A VOLUNTEER DRIVER PROGRAM (OUTREACH AND ESCORT). Mrs. Cannon seconded. Unanimously carried. LEASE AGREEMENT WITH NEIGHBORHOOD CENTER TENANTS (WEST VALLEY ASSIST TRANSIT ASSIST SENIOR COORDINATING COUNCIL) Mr. Ventura moved for adoption of Resolution No. 1982-87 entitled, A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AMENDING THE NEIGHBORHOOD CENTER LEASE AGREEMENT WITH WEST VALLEY ASSIST. Mrs. Cannon seconded. Unanimously carried. Mr. Ventura moved for adoption of Resolution N0. 1982-88 entitled, A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AMENDING THE NEIGHBORHOOD CENTER LEASE AGREEMENT WITH TRANSIT ASSIST. Mrs. Cannon seconded. Unanimously carried. Mr. Ventura moved for adoption of Resolution No. 1982-89 entitled, A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AMENDING THE NEIGHBORHOOD CENTER LEASE AGREEMENT WITH SENIOR COORDINATING COUNCIL. Mrs. Cannon seconded. Unanimously carried. THIRD QUARTER BUDGET REPORT Mr. Ventura moved Council approve the revised revenue estimate contained in said report and appropriate the net General Fund revenue increase of $73,400 to the General Fund Current Year Appropriated Contingency. Mrs. Cannon seconded. Unanimously carried. NOTICE OF COMPLETION Mr. Ventura moved Council approve Certificate of Acceptance and Notice of Completion for Wheelchair Ramps Phase 11, Project 264-hcda. Mrs. Cannon seconded. Unanimously carried. PARKING PROHIBITION "A" STREET Mr. Ventura moved for adoption of Resolution No. 1982-90 entitled, PARKING RESTRICTION-"A" STREET AND KNOWLES DRIVE, (prohibits parking on the entire length of "A" Street and the north side of Knowles Drive between Winchester Boulevard and Capri Drive. Mrs. Cannon seconded. Unanimously carried. VEHICULAR STOP ELLENWOOD AND ALEXANDER AVE. It was consensus of Council to continue this to May 17, 1982, and direct staff to notify residents in the area HIGHWAY 17 RAMP CLOSURE It was consensus of Council to accept staff recommendation and staff be authorized to proceed with necessary work for temporary closure that can be accomplished by the Town. PARKING BAN ON N. SANTA CRUZ AVENUE Mayor Siemens stated the Chamber of Commerce requested this be continued. Mrs. Cannon moved request be granted and the matter be continued to May 17, 1982. Mr. Ventura seconded. Unanimously carried. UNIVERSITY AVENUE DRAINAGE (STEFFANI) Mr. Ventura moved Council accept staff recommendation. Direct staff to advise Mr. Steffani that the requested drainage work will be considered in conjunction with the Capital Improvement Program but it will have to lower priority than several other projects. Mrs. Cannon seconded. Unanimously carried. RFP ON SENIOR HOUSING Mr. Ventura moved to accept staff recommendation and Council declare that no proposals have been submitted in response to the Town's 12/9/81 RFP and withdraw the request. Mrs. Cannon seconded. Unanimously carried. MINUTES Mr. Ferrito moved minutes of April 19, 1982, be approved as submitted. Mrs. Cannon seconded. Unanimously carried. Mr. Ventura asked that April 20, 1982, minutes be corrected as follows: Page 2-VADAS AGREEMENT. Insert after the second sentence "Mrs. Rasmussen moved for adoption of the Resolution. Mr. Siemens seconded. Motion fails on two to two vote. Mr. Ventura and Mr. Ferrito voting no." Mr. Ferrito moved minutes of April 20, 1982, be approved as corrected. Mrs. Rasmussen seconded. Unanimously carried. WRITTEN COMMUNICATIONS (FOR ACTION) a. Los Gatos Bicycle Club regarding Annual Cat's Hill Race. Mrs. Rasmussen moved Council accept staff recommendation and deny the request for permission to hang a banner over Main Street advertising the race. Mr. Ventura seconded. Unanimously carried. b. PG&E application for rate adjustment. Mr. Ferrito moved to oppose the rate increase. Mr. Ventura seconded and asked for an amendment that a letter be sent stating the reason for opposing is, the consumer will end up paying for this. Mr. Ferrito accepted the amendment. Carried by a vote of four ayes. Mrs. Cannon abstained. RECALL ELECTION DATE Discussion was held on various dates that election could be held. Mrs. Rasmussen moved election date be set for August 3, 1982. Mrs. Cannon seconded. Mr. Ferrito moved motion be amended and the date be set for August 24, 1982. Mr. Ventura seconded. Vote on amendment was three ayes with Mrs. Cannon and Mrs. Rasmussen voting no. No vote was taken on the original motion. The Town Attorney read Resolution No. 1982-91, in full, A RESOLUTION CALLING A SPECIAL ELECTION ON AUGUST 24, 1982, AND AUTHORIZING THE MANAGER TO CONTRACT WITH WITH COUNTY OF SANTA CLARA TO CONDUCT THE ELECTION AND CANVASS. WHEREAS: 1. The Town Council has received a certification of sufficiency as to the petitions filed for the recall of Councilmembers Peter Siemens and Thomas Ferrito; and 2. State Election Code Section 27230 mandates that within fourteen (14) days of receiving the certificateof sufficiency, the Town Council must issue an order stating that an election shall be held to determine whether or not members of the Town Council named in the recall petition shall be recalled; and 3. State Election Code Section 27231 provides that the recall election shall be held not less than eighty (80) nor more than one hundred twenty-five (125) days after the issuance of the order; IT IS THEREFORE RESOLVED 1. The Town Council hereby orders that a special recall election be held on Tuesday, August 24, 1982, and that the following text appear on the ballot: Shall Peter W. Siemens be recalled Yes from the office of Councilmember? No Shall Thomas J. Ferrito be recalled Yes from the office of Councilmember? No If the recall prevails, shall the Town Council fill the vacancy or vacancies by appointment or call a special election for that purpose? by appointment by special election 2. The Manager is hereby authorized to contract with the County Registrar of voters for conduct of the election and canvass its returns. 3. The Town Clerk is hereby authorized and directed to transmit a certified copy to the Board of Supervisors of the County and to the Registrar of Voters of the County. Mrs. Rasmussen moved Resolution NO. 1982-91, be adopted. Mr. Ventura seconded. Unanimously carried. APPEAL-CHEGWIN REZONING E. VINELAND Mayor Siemens stated this was the time and place duly published for public hearing to consider the appeal of Planning Commission denial of request of change of zoning from R-1:8,000 to R-D or RM:5-12 for a .25 acre parcel of land located on the north side of East Vineland. Rodger Griffin, representing Mr. Chegwin, stated he had spoken to neighbors in the area and some had signed a petition approving rezoning. Speaking in opposition of said rezoning and requesting the area be kept as single family residential were Mr. Frank Bonacorsi, Philip Knoph, William H. Ott, Harold Cunningham and Keith Kittle. There being no one else wishing to speak, Mrs. Rasmussen moved hearing be closed. Mrs. Cannon seconded. Unanimously carried. After some discussion, Mr. Ferrito moved the appeal be denied and Planning Commission's decision be confirmed. Mrs. Rasmussen seconded. Unanimously carried. The Town Attorney to draft necessary resolution and present to Council at their next meeting. APPEAL-KAVANAUGH NATIONAL AVENUE Mayor Siemens stated this was the time and place duly published for public hearing to consider the appeal of Planning Commission denial of request of approval of plans to construct a medical office building in the "O" Zone at 14982 National Avenue. Mr. Kavanaugh, owner of the property, spoke on the appeal and referred to reason for denial by Planning Commission. They felt it would generate more traffic for National Avenue and Los Gatos-Almaden Road. He presented Council with pictures of adjacent properties. He stated he had canvassed the neighbors and several are in support of the proposed medical building. Mr. Kavanaugh submitted a petition with 13 signatures of residents favoring the proposal. R. Sheldon, Administrator from Good Samaritan Hospital, spoke in favor of the proposed medical building. Others speaking in favor of the development were Arlene Morrison, P. Vlamis and Bill Pennington. There was no one else wishing to speak on this issue, Mrs. Rasmussen moved hearing be closed. Mrs. Cannon seconded. Unanimously carried. After further discussion, Mrs. Cannon moved that Council make the negative declaration and grant the appeal subject to five conditions shown by the Planning Commission, since the hospital and the neighbors favor the project finds Planning Commission did not consider the neighborhood environment and the necessity for more office zoning in the area. Mrs. Rasmussen seconded. Mr. Ferrito spoke on the possibility of establishing a development criteria. Mr. Siemens suggested Council have staff look into traffic impact that further development would have and report back to Council at a later date. Mr. Bowman stated a report had been made previously and it showed no impact to the area. Mr. Ventura moved for amendment to motion to add additional requirements to conditions as set forth by Planning and that by (1) any large trees that die during construction shall be replaced with similar species by the applicant; (2) Additional landscaping be required on rear of property; and (3) applicant replace the two conifer trees which are being removed. Mrs. Cannon accept said amendments as did Mrs. Rasmussen. Motion carries unanimously. APPEAL-AU Mrs. Rasmussen moved this public hearing be continued to May 17, 1982 as requested by the appellant. Mrs. Cannon seconded. Unanimously carried. RECESS Mayor Siemens declared a recess. Meeting reconvened at 9:45 p.m. RESOLUTION BANDOV APPEAL Mr. Ventura moved for adoption of Resolution No. 1982-92 entitled, A RESOLUTION GRANTING THE APPEAL OF THE TOWN PLANNING COMMISSION-17926 DAVES AVENUE-BANDOV. Mrs. Rasmussen seconded. Carried by a vote of four ayes. Mr. Ferrito voting no. LOS GATOS VILLAGE SQUARE APPEAL The Town Attorney presented the Resolution granting said appeal giving the findings as suggested by the Council. Discussion was held on the findings as written. Mr. Ferrito moved to delete 5(a) which states that Planning did not consider the wishes of the residents of the subject part of Town who want a shopping center. Mr. Ventura seconded. Unanimously carried. Mr. Ventura moved to delete 5(e), ignoring the improvement the center would make in the current rundown condition of the neighborhood. Mr. Ferrito seconded. Unanimously carried. Mr. Ferrito moved to delete 5(b), not considering the importance of expanding the Town's tac base. Mr. Siemens seconded. Motion failed as Mrs. Cannon, Mrs. Rasmussen and Mr. Ventura voted no. It was also duly moved and seconded to add to (3) the following, "and be synchronized with Gateway Drive". After further discussion, Mrs. Rasmussen moved Resolution No. 1982-93 be adopted as amended, A RESOLUTION GRANTING APPEAL OF THE TOWN PLANNING COMMISSION-LOS GATOS VILLAGE SQUARE-15466 LOS GATOS BOULEVARD. Mrs Cannon seconded. Carried by a vote of four ayes. Mr. Ferrito voting no. CLAIM FOR DAMAGES Mr. Ventura moved to accept staff recommendation and claim for damages filed on behalf of Merchants Home Deliver be denied. Mrs. Rasmussen seconded. Unanimously carried. Mr. Ventura moved to accept staff recommendation and claim for damages filed on behalf of Paul Nelson be denied. Mrs. Rasmussen seconded. Unanimously carried. PEDICAB ORDINANCE Mr. Ferrito moved reading be waived for ORDINANCE OF THE TOWN OF LOS GATOS PROHIBITING THE USE OF NON-MOTOR-DRIVE VEHICLES TO CARRY PASSENGERS FOR HIRE. Mrs. Rasmussen seconded. Unanimously carried. Clerk read title. Mr. Ferrito moved Ordinance be introduced. Mrs. Rasmussen seconded. Unanimously carried. ELECTION OF MAYOR AND VICE-MAYOR Mr. Ferrito moved reading be waived for ORDINANCE OF THE TOWN OF LOS GATOS ADDING SECTION 2-3.3 TO THE TOWN CODE SETTING TIMES FOR ELECTION OF MAYOR AND VICE MAYOR. Mr. Ventura seconded. Unanimously carried. Clerk read title. Mr. Ferrito moved Ordinance be introduced. Mr. Siemens seconded. Unanimously carried. DETERMINING CLERK AND TREASURER COMPENSATION Mr. Ferrito moved for adoption of Ordinance No. 1533 entitled, ORDINANCE OF THE TOWN OF LOS GATOS PRESCRIBING THE METHOD FOR DETERMINING THE COMPENSATION OF THE TOWN CLERK AND TOWN TREASURER. Mrs. Rasmussen seconded. Carried by a vote of four ayes. Mr. Ventura voting no. AGREEMENT VADAS PARKING LOT NO 4A Dennis Burrows Architect representing Mr. Vadas, made a presentation to Council showing design of proposed development and proposed parking from the SP rt-o-wy onto the development. Discussion was held on other developments in this area. After further discussion, Mrs. Rasmussen moved for adoption of Resolution No. 1982-94 entitled, RESOLUTION AUTHORIZING AGREEMENT DESIGNATING DEVELOPER PARTICIPATION IN TOWN OF LOS GATOS PARKING LOT 4A. Mrs. Cannon seconded. Carried by a vote of three ayes. Mr. Ventura and Mr. Ferrito voting no. MODIFICATION FOSTER ROAD AND SUND DRIVE Mr. Van Houten, Director of Public Works, spoke on cost of various alternatives. Councilmembers went on a field trip and observed this situation. After further discussion, Mrs. Rasmussen moved to accept staff report and choose alternate #3 and modify the northeast corner of Foster Road and Sund Drive in conjunction with other engineers recommendation and instruct staff to work out an agreement with the developer on cost obligation. Mrs. Cannon seconded. Mr. Ventura moved for an amendment to include some incorporation of some relandscaping and also have island landscaped. Mrs. Rasmussen and Mrs. Cannon accepted the amendment. Motion also includes extension of the contract. Mrs. Mildred Garth spoke on the issue and stated she had cut back bushes in the area and that has made quite a change and feels this intersection is safer than others in Town. However, she accepts alternate #3. Vote on the motion was unanimous. DOWNTOWN TRUCK ROUTES Discussion was held on the proposed truck routes and Councilmembers opposed having truck route on E. Main Street. Discussed the signing of streets as no truck routes. Mr. Ferrito moved no action be taken on this issue. Mrs. Cannon seconded. Unanimously carried. KNOWLES DRIVE & POLLARD ROAD INTERSECTION Mr. Ventura moved to accept staff recommendation and approve this report and direct staff to send a copy to Miriam and Terry Ellis in response to their letter of April 19, 1982. Mrs. Rasmussen seconded. Unanimously carried. KNOWLES DRIVE & CAPRI DRIVE INTERSECTION Mrs. Rasmussen moved to accept staff recommendation and Council not order the installation of stop signs on Knowles Drive at Capri Drive. Mr. Siemens seconded. Carried by a vote of three ayes. Mr. Ferrito and Mr. Ventura voting no. REZONING-ALBERTO WAY Mrs. Rasmussen moved for adoption of Ordinance No. 1534 entitled, AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONING ORDINANCE AFFECTING ZONE CHANGE NO. Z-81-12 FROM R-1:40 TO R-1:20 AND O-PD. Mrs. Cannon seconded. Unanimously carried. REZONING - BEAN AVENUE Mr. Ventura moved for adoption of Ordinance No. 1535 entitled, AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONING ORDINANCE EFFECTING ZONE NO. 57 FROM RM:5-12-LHP-LHP TO RM:5-12-LHP-PD. Mrs. Cannon seconded. Unanimously carried. COMMUNITY ATTITUDE SURVEY Mr. Ed Canapary, representative from the firm of Corey, Canapary & Galanis that was contracted by the Town to conduct the Community Attitude Survey, spoke on the draft of the Community Attitude Survey questionnaire. He stated this was for review of the Council and asked for any input. After much discussion, Mr. Ventura moved to turn the survey over to Mr. Canapary and direct him to prepare the last draft according to what he feels, in his professional opinion, is the best way to conduct this survey and bring Council the results. Mr. Siemens seconded. Carried by a vote of three ayes. Mrs. Cannon and Mrs. Rasmussen voting no. YOUTH ADVISORY COMMISSION MEMBERSHIP REGULATION The Town Manager presented the Resolution amending the provision regulating membership on the Youth Advisory Commission which would allow one adult member be a non-resident. Mr. Ventura moved for adoption of said Resolution. Mrs. Rasmussen seconded. Motion failed as Mrs. Cannon, Mr. Ferrito and Mr. Siemens voted no. The policy regarding membership should remain that adult members should be residents of the Town and letter be sent to applicant of Council's decision. HIGHWAY FINANCING TASK FORCE It was consensus of Council to ask for a staff report. BONNIE LANE IMPROVEMENTS Mr. Ferrito moved Council authorize staff to prepare formal assessment district petitions for the improvement of Bonnie Lane (to be circulated by property owners). Mrs. Rasmussen seconded. Unanimously carried. FORMER SPRR RT-O-WY PARKING LOT ELM & ROYCE Mrs. Rasmussen moved to accept staff recommendation and direct staff to make interim improvements in the parking lots with cost to the Town approximately $200.00. Mrs. Cannon seconded. Unanimously carried. FUNDING FOR FLOOD CONTROL JUNE ELECTION MEASURE "A" Mr. Vanderlaan spoke on this issue stating funding is not necessary and asked that Council oppose said Measure. Mr. Ventura moved Council take a position opposing Measure "A" regarding funding for flood control facilities. Mrs. Cannon seconded. Unanimously carried. GTE SERVICE OUTAGE Mr. Jim Keil, representative of General Telephone spoke on the outage that occurred a couple of weeks ago. Discussion was held by Council. Mayor Siemens appointed Mr. Ventura and Mrs. Rasmussen as sub-committee to review emergency services. UTILIZATION-PERS FUND Mrs. Rasmussen moved to ask staff to make copies of information and Council direct staff to send a letter to Mr. Taglia, Mayor of Daly City, stating Los Gatos Council's support of their position of PERS funds. Mr. Ventura seconded. Unanimously carried. GENGE CONTRACT Mrs. Rasmussen accepted staff recommendation and authorize the Town Manager to enter into an agreement with Genge Consultants relative to the termination of their contract that provides for the following: 1. That the contract is terminated for cause. 2. That the consultant is released of liability and responsibility for the product of the General Plan and Downtown Specific Plan. 3. That both parties recognize that there are no outstanding payments due either party relative to this contract. 4. That the contractor will provide the Town with all materials that have been completed relative to the Downtown Plan and General Plan. Mrs. Cannon seconded. Unanimously carried. DEVELOPMENT OF CAMBRIAN GOLF Mayor Siemens spoke of his concerns regarding development of the property and feels property should all be developed as one unit and not piece meal. Also consideration should be given to dedication for open space. After some discussion, Mr. Ventura moved this be referred to staff for report back to Council. Mrs. Cannon seconded. Unanimously carried. ADJOURNMENT Mayor Siemens declared the meeting adjourned at 11:57 p.m.