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M 02-22-83TOWN OF LOS GATOS CALIFORNIA TOWN COUNCIL/PARKING AUTHORITY AGENDA FEBRUARY 22, 1983 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, Terrence J. Daily, Thomas J. Ferrito, MarLyn J. Rasmussen and Mayor Brent N. Ventura. ABSENT:None. PLEDGE OF ALLEGIANCE Given by all in attendance. CLOSED SESSION Mayor Ventura stated the following items were discussed during the Closed Session n: Pedro's litigation Potential litigations A labor relations matter Personnel issue. PRESENTATION Bill Oliver, Division Manager for GTE Los Gatos Office, gave a presentation concerning GTE 1983 improvement program for the Town of Los Gatos. They will spend over 12 million dollars on the following: 1) From the Blossom Hill Office they will intensify the maintenance of the lines. 2) Installation of the coin free 911 Emergency calls. 3) computerization of the cable pressurized program. 4) convenience center in the Blossom Hill Office. 5) New trouble analysis system installed. 6) A Fortell computerized system will be installed in August. This system will test lines nightly. BID AWARD WHEELCHAIR RAMPS (PHASE III) PROJECT 285 - HCDA Mr. Ferrito moved to accept staff recommendation and award the contract for the Wheelchair Ramps (Phase 111) -Project 285-HCDA to the low bidder, Andero Construction, in the amount of $19,699.00 and authorize the Mayor to sign the contract on behalf of the Town. Mrs Benjamin seconded. Carried unanimously. BID AWARD-MEADOW GOLD BUILDING-PROJECT 265-GF Mrs Rasmussen moved to accept staff recommendation and award the Meadow Gold building demolition project to the low bidder, Ferma Corporation, in the estimated amount of 16,276.00 and authorize the Mayor to sign the contract on behalf of the Town. Mr. Daily seconded. Carried unanimously WRITTEN COMMUNICATIONS (referral/file) a. Letter received from Joseph Decker, M.D., of the Jewish Community Center of San Jose, regarding the purchase and development of a beneficial agreement between the Town and the Center. Mrs Rasmussen moved to accept staff recommended action and refer to staff for report to Council on March 7, 1983. Mrs Benjamin seconded. Unanimously carried. TOWN RETIREMENT PLAN AUDIT Mrs. Rasmussen moved to accept the Town Retirement Plan Audit and refer the audit to the Town Retirement Board for information. Mrs Benjamin seconded. Carried unanimously SCHEDULE - PUBLIC HEARING Council information only. ANDREWS STREET/SAN BENITO AVENUE TRAFFIC DIVERTER Mayor and Vice Mayor were designated to meed Monte Sereno' Mayor and Vice Mayor. John Hulme also spoke on this issue. Mrs. Rasmussen moved to adopt, as amended, Resolution No. 1983-32 entitled, A RESOLUTION RESCINDING THE SAN BENITO AVENUE AND ANDREWS STREET TRAFFIC DIVERTER PLAN AND IMPLEMENTING ONE-WAY STREET, FOUR WAY STOP AND LEFT TURN PROHIBITION REGULATIONS, and direct staff not to proceed with any actual work until Monte Sereno has committed to do their portion. Mrs Benjamin seconded. Carried unanimously. This Resolution implements the following traffic regulations: a. Return Andrews Street to two-way operation. b. Restore parking to the south side of Andrews Street. c. Make Monterey Avenue a one-way street northbound between Saratoga Avenue and Andrews Street. d. Restore the 4-way stop at San Benito Andrews. e. Prohibit left turns from eastbound Saratoga Avenue onto Monterey Avenue PEDRO'S HANDICAPPED ACCESS Mrs. Rasmussen moved to accept staff recommendation and appropriate an additional $5,000 from the contingency fund and add to the $10,000 already appropriated; direct the Town Clerk to establish a special account for deposit of the Town's share of the cost of the work: and direct the Town Manager to disburse the funds from the special account in accordance with the schedule provided in the settlement agreement. Mrs. Benjamin seconded. Carried unanimously CYPRESS WAY SLIDE REPAIR PROJECT 279 Mrs. Rasmussen moved to approve a supplemental appropriation of $2,616.30 from the General Fund Appropriated Reserve and authorize the Mayor to execute a Notice of Completion and Certificate of Acceptance for Cypress Way Slide Repair-Project 279. Mrs Benjamin seconded. Carried unanimously PARKING PROHIBITION BLOSSOM HILL RD. Mrs. Rasmussen moved to adopt Resolution No. 1983-33 entitled, PARKING PROHIBITION - BLOSSOM HILL ROAD, (Prohibit 136' of parking on the north side of Blossom Hill Rd east of Camellia Terrace). Mrs Benjamin seconded. Carried unanimously ARBOR DAY Mrs. Rasmussen moved to adopt Resolution No. 1983-34 entitled, A RESOLUTION PROCLAIMING MARCH 7 ARBOR DAY. Mrs. Benjamin seconded. Carried unanimously. COUNTY REFERRALS Mayor Ventura moved to accept staff recommendation on County Referrals as follows: 1414-26-41-81B-81V-82RA 18243 Zella Court Briggs Time extension on variance No comment. 1569-27-42-81P Moody Gulch Goodrich (Magi Oil) Use Permit to drill 2 oil wells Deny. 1374-30-52-81B-1P Englewood Road Beadle Use permit for single bldg. Towns appeal held to 3/22/83 Mrs Benjamin seconded. Carried unanimously 1837-31-52-83V La Chiquita Ave. Maccarone Variance Mr. Maccarone, 16424 La Chiquita Ave., explained his position and requested Council' s assistance. Mr. Ferrito moved to refer this to staff and notify County the Town is looking into this and report back to Council. Mrs Rasmussen seconded. Carried unanimously. KREINES AND KREINES EIR AMENDMENT Mrs. Rasmussen moved to adopt Resolution No. 1983-35 entitled, RESOLUTION MODIFYING AN AGREEMENT PREVIOUSLY APPROVED TO PREPARE A FOCUSED ENVIRONMENTAL IMPACT REPORT (Das.). Mrs Benjamin seconded. Carried unanimously. MINUTES Mrs. Rasmussen moved minutes of February 7, 1983 be approved as submitted. Mrs, Benjamin seconded. Carried unanimously WRITTEN COMMUNICATIONS a. Letter from the Town Retirement Board requesting additional money to the trustee to set up individual accounts for each employee in said plan. Amount requested to carry this out would be $2,600. This had been requested previously and Council had requested further investigation of possible lower cost from either Investment firms or other Banks with which the Town has money invested in. Mr Bondelie and Mr. Erickson, members of the Town Retirement Board spoke to Council stating they had interviewed various Banks and firms as Council had requested and found no one could offer any lower cost for acting as trustee, so ar back with the same proposal as before. Mrs. Rasmussen questioned whether the employees in this plan would be interested in sharing the cost for administrating this new Trustee proposal of individual accounts. Mr Bondelie referred to the town code which states the Town shall pay the administration costs. Gary Wolfinger, an employee in said Retirement plan, spoke on flexibility and their willingness to share the cost of administration on an annual basis. Discussion was held on whether Town should do this on a one time basis and the possibility of changing the Town Code to reflect that the administration of said plan would be paid for from the assets of the Plan and not from the General Fund money.m Mrs Rasmussen moved Council grant the supplemental appropriation in the amount of $2,600. to allow for implementation of the individual employee accounts as requested. This will be a phase in period between now and the 1st of July and after that time they will be responsible for the administrative cost, and Council direct Town Attorney to draft an amendment to the Ordinance to reflect this change. This will be for Council consideration at a later date. Mr. Daily seconded. Carried for vote of four ayes. Mr Ferrito voting no. b. Letter received from Keith Kelsen requesting that the Town or a non-profit corporation file an application with the federal government Office of Telecommunications for a grant to support the local organization and community access activities. Mr. Kelsen and Mrs. Hughes, Los Gatos High School, spoke in support of this request. Mr. Ferrito moved to adopt Resolution entitled A RESOLUTION OF THE TOWN COUNCIL AUTHORIZING THE MAYOR TO EXECUTE APPLICATION TO OFFICE OF TELECOMMUNICATIONS FOR GRANT AID. Mrs. Benjamin seconded. Carried unanimously. c. Communication from the Chamber of Commerce requesting permission for use of the sidewalks and the Town Plaza for display of sale merchandise at the St. Patrick's Day Sidewalk Sale on March 18, 19 and 20. Mrs. Rasmussen moved to grant the request. Mr. Daily seconded. Carried unanimously. d. Correspondence from the West Valley Multi-Modal Task Force requesting Council to adopt A RESOLUTION ENDORSING THE WEST VALLEY MULTI-MODAL TASK FORCE REQUEST TO HAVE THE FULL LENGTH OF ROUTE 85 IN THE NEW ALTERNATIVES ANALYSIS. Mayor Ventura moved no action be taken after discussion by the Council. Mr. Ferrito seconded. Carried by a vote of four ayes. Mrs. Rasmussen voting no. JANUARY 1983 WARRANTS Mrs. Rasmussen moved for approval of the January warrant demands in the amount of $618,065.27. Mayor Ventura seconded. Carried unanimously. JANUARY 1983 FINANCIAL REPORT Mr. Daily moved for approval of the January 1983 Financial Report. Mrs. Benjamin seconded. Carried unanimously. JANUARY 1983 TREASURERS REPORT Removed from agenda. BONNIE LANE ASSESSMENT DISTRICT Mayor Ventura stated this was the time and place duly published for public hearing concerning protests in relation to proposed acquisitions and improvements for the Bonnie Lane Assessment District. Mr. Van Houten, Director of Public Works, reported on the procedures taken for the assessment district. Deputy Clerk reported that all notices have been posted, published and mailed as required by the Municipal Improvement Act of 1913. No one in audience wished to speak on this issue. Mrs. Benjamin moved hearing be closed and continued to March 21, 1983 Council meeting. Mayor Ventura seconded. Carried unanimously. GREEN VALLEY DISPOSAL FRANCHISE AGREEMENT/GUADALUPE RUBBISH DISPOSAL CO. LANDFILL AGREEMENT/SETTING NEW COLLECTION RATES Mayor Ventura stated this was the time and place duly published for public hearing on the approval of Green Valley Disposal Company Franchise Agreement; Guadalupe Rubbish Disposal Co. Landfill Agreement; and setting of no collection rates. The Assistant Town Manager, Nadine Levin, explained this report and answered Councils' questions. Ardith Sams, 353 Vista del Monte, spoke on the recycling issue. Egon Jensen, Lester Lane, spoke of concern on keeping the 100 ft. from the curb pickup. Dennis Varni, representing Green Valley Disposal, spoke on this issue and answered Council's questions. No one else in the audience wished to speak on this issue. Mr. Daily moved to close the public hearing. Mrs. Benjamin seconded. Carried unanimously. Regarding the recycling issue, Mr Ferrito wants the future Town Crier to find out what people would be willing to participate in a voluntary program. Would people be willing to have a 10 cents per can increase in fees to off set the cost of the program. Would the Cities of Campbell and Saratoga be willing to participate in an experimental program for recycling. Mayor Ventura moved to adopt with amended language in the Franchise Agreement, Resolution No. 1983-37 entitled, A RESOLUTION AUTHORIZING EXECUTION OF FRANCHISE AGREEMENT WITH GREEN VALLEY DISPOSAL COMPANY,INC. Mrs. Benjamin seconded. Carried unanimously. Mayor Ventura moved to adopt with amended language in the Agreement Resolution No. 1983- 38 entitled, A RESOLUTION AUTHORIZING EXECUTION OF LANDFILL AGREEMENT WITH GUADALUPE RUBBISH DISPOSAL COMPANY, INC. Mrs. Benjamin seconded. Carried unanimously. Mrs. Rasmussen moved to adopt Resolution No. 1983-39 entitled, A RESOLUTION APPROVING RATE ADJUSTMENTS FOR THE GREEN VALLEY DISPOSAL COMPANY, (variable can) as presented without the $10.00 for over 130 ft. Mr. Daily seconded. Carried unanimously. Mayor Ventura moved to reopen the public hearing. Mr. Daily seconded. Unanimously carried. Discussion was held on customer pickup rate of 130 ft and more from the curbside. After discussion by Council and further information from Dennis Varni. Mayor Ventura moved to amend the rate structure fee for cans over 130 ft. a flat rate of $5.00 be charged. Delete "for each additional 100 feet" and replace with "over 130 feet". Mrs. Rasmussen seconded. Unanimously carried. VILLA VASONA ZONE CHANGE APPLICATION Mayor Ventura stated this was the time and place duly published for public hearing to consider the Zone Change Application Z-82-5, requesting a change in zone from 0 and R-M:5-12 to R-1:8,000-PD for a 2.6 acre lot to construct a senior citizen residential development (Villa Vasona). Lee Bowman, Planning Director, spoke on his report. Jack Sheehan, Developer of Villa Vasona answered Council's questions. Mr. Schaffran, Consultant for Villa Vasona, and Mary Bulota, Architect for Fisher Freedman, also answered questions primarily regarding parking. Jim Lewis, 24095 Summit woods Drive consultant for Jack Sheehan addressed the handicapped accessability requirements. John Hulme, 224 Camino del Cerro, expressed his concerns on the parking problem. Mr. Schaffran stated 10% (10 units) will be handicapped units. Mr Sheehan stated they would have an intercom security system. No one else in the audience wished to speak on this issue. Mrs. Benjamin moved public hearing be closed. Mr. Daily seconded. Carried unanimously. Mr. Ferrito moved to make the recommended Mitigated Negative Declaration. Mayor Ventura seconded. Carried unanimously. Mr. Ferrito moved that the request is consistent with the General Plan. Mayor Ventura seconded. Carried unanimously. Mr. Daily moved to approve Zone Change Application Z-82-5, incorporating the preliminary development plans as part of the PD Ordinance, and make findings that specifically the Housing Element of the General Plan under 2B Goals, 3 a. Objectives and 3 E. Policy No. 12 all essentially state that there is a need for senior housing, low and moderate income senior housing and that a density bonus should be provided, Mrs. Benjamin seconded. Carried unanimously. Mrs. Benjamin moved to maintain 4 handicapped parking spaces. Mr. Daily seconded. Carried unanimously. Mrs. Benjamin moved reading be waived for AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONING ORDINANCE EFFECTING ZONE CHANGE NO. FROM 0 AND RM:5-12 TO R-1:8,000=-PD. Mr Daily seconded. Carried unanimously. Deputy Clerk read title. Mrs. Benjamin moved ordinance be introduced with the following amendments: Maintain the 4 handicapped parking spaces. Initiate turf blocking in the southern parking area. If at any time within the first 5 years after occupancy additional parking has been shown to be necessary it shall be provided subject to Architecture and Site approval. Mr. Daily seconded. Carried unanimously. ZONING ORDINANCE AMENDMENTS Mayor Ventura stated this was the time and place duly published for public hearing to consider Zoning Ordinance Amendment A-83-1, repealing the following zones: a. R-2:40,000 or Single Family Residential, 40,0900 sq. ft. minimum lot size; b. R-1M or Single Family - Medium Density Residential; c. R or Rehabilitation Overlay. Mr. Bowman spoke on his report and answered Council's questions. No one in the audience wished to speak on this issue. After discussion by Council, Mrs. Rasmussen moved public hearing be closed. Mr. Ferrito seconded. Carried unanimously. Mrs. Rasmussen moved for recommended Negative Declaration. Mr. Ferrito seconded. Carried unanimously. Mayor Ventura moved reading be waived for ORDINANCE AMENDING THE ZONING ORDINANCE REPEALING THE R-1:40, R-1M AND R ZONES. Mrs Rasmussen seconded. Carried unanimously. Deputy Clerk read title. Mayor Ventura move Ordinance be introduced. Mrs. Rasmussen seconded. Carried unanimously. CLAIM-DAMAGES E. DEAN COWLEY. Mrs. Rasmussen moved to deny the claim for damages for E. Dean Cowley. Mrs. Benjamin seconded. Carried unanimously. APPEAL-SWANSON FORD Mrs. Rasmussen moved to adopt Resolution No. 1983-40 entitled, RESOLUTION GRANTING APPEAL FROM DECISION OF BUILDING OFFICIAL. Mr. Feritto seconded. Carried unanimously. ORDINANCE CHANGING MISDEMEANORS TO INFRACTIONS Mr. Daily moved to adopt Ordinance No. 1566 entitled, ORDINANCE AMENDING VARIOUS TOWN ORDINANCES TO CHANGE MISDEMEANORS TO INFRACTIONS. Mrs. Benjamin seconded. Carried unanimously CONFLICT OF INTEREST CODE Mr. Ferrito moved for adoption of Ordinance No. 1567 entitled, ORDINANCE ADDING ARTICLE VI TO CHAPTER 2 OF THE TOWN CODE, ADOPTING A CONFLICT OF INTEREST CODE. Mrs. Rasmussen seconded. Carried unanimously. RESCINDING RESOLUTION 1983-6 (VLAMIS) Mr. Ferrito moved to adopt Resolution No. 1983-41 entitled, RESOLUTION RESCINDING RESOLUTION NO. 1983-6. Mrs. Rasmussen seconded. Carried unanimously. PREFERENTIAL PARKING Mr. Ferrito moved to adopt Ordinance No. 1568 entitled, ORDINANCE ESTABLISHING PROCEDURE FOR PREFERENTIAL PARKING. Mrs Benjamin seconded. Carried unanimously. AMENDMENT-CHAPTER 14 OF TOWN CODE RE GARBAGE DISPOSAL Mrs. Rasmussen moved reading be waived for AN ORDINANCE AMENDING ARTICLE 1 OF CHAPTER 14 OF THE TOWN CODE TO UPDATE THE REQUIREMENTS ON GARBAGE DISPOSAL. Mayor Ventura seconded. Carried unanimously. Deputy Clerk read title. Mrs Rasmussen moved Ordinance be introduced. Mayor Ventura seconded. Carried unanimously. CABLE TV ORDINANCE Mr. Ferrito moved for adoption of Ordinance No. 1569 entitled, AN ORDINANCE REPEALING 9 OF THE TOWN CODE AND ADOPTING A REVISED CHAPTER 9. Mr. Daily seconded. Carried unanimously. TRUCK PROHIBITION SIGNS-TAIT AVE Held for next Council meeting PEDESTRIAN SAFETY-SANTA CRUZ AVENUE Held for next Council meeting PUSHCART ORDINANCE The Town Manager reported and answered Council's questions. After further discussion by the Council, Mrs. Rasmussen moved to give conceptual approval to amendments and direct the Town Attorney to redraft the ordinance for consideration and introduction at the March 7th, Council meeting. Mayor Ventura seconded. Carried unanimously. GUADALUPE COLLEGE PRISON Discussion was held on the Guadalupe College prison issue. Ron Gates, Los Gatos Saratoga Board of Realtors, read a letter stating that there was limited information available. the Board checked with appraisers and all agreed that homes affected by the prison would lower values. At the meeting of February 15, 1983, the Board voted to opposed converting Guadalupe College into a prison. A check for $100, was donated by the Los Gatos Saratoga Board of Realtors, to the Stop Neighborhood Prison Committee. Don Callahan accepted the check to further the opposition of the prison in the community. Mr. Daily reported on the trip to Sacramento with Mr. Ferrito, Tom Baer and Barbara Spector. They met with Senator Garamendi and other Senators and lobbyists. Five lobbyists were interviewed. The Council members tried to give the lobbyists a full picture os what the Town is up against and what the Town is trying to acquire by hiring a lobbyist. A & K, Mr. Valentine and Mr. Ochoa were recommended by Mr. Daily and Mr. Ferrito. Council is to meet February 28, 1983, at 7:30 p.m. to interview the lobbyists. Staff to notify A & K, Mr. Valentine and Mr. Ochoa. Mayor Ventura stated he had met with Susanne Wilson and the Editorial Board of the San Jose Mercury News and tried to persuade them that they made an error in their past editorial and some other facts did exist and asked them to reconsider. Joanne Benjamin reported on the Mayor's Committee activities. The Chamber is having a fund raiser on March 4th. A lobster steak dinner at Martinelli's at $50.00 a person. The Council members reported on meetings they will be attending and have attended regarding the prison issue. TOWN ANNEXATION POLICIES Held for next Council meeting. TWO HOUR PARKING DIST. NO 1,2,2A & 3 Held for next Council meeting TENNIS COURT FEE-BLOSSOM HILL PARK Ardith Sams, Park Commissioner, reported on the Commissions decisions. The Commission recommends not reactivating the card lock system. After discussion by Council, <Mrs. Rasmussen moved to accept recommended action and not reactivate a card lock system at the Blossom Hill Park Tennis Courts. Mrs. Benjamin seconded, Carried unanimously. PARKING FEE POLICIES-OAK MEADOW PARK Ardith Sams, Park Commissioner, reported on the Commission's recommended action. After discussion by Council, Mrs. Rasmussen moved to accept the following recommended action: Retain $1.00 parking fee for Los Gatos residents. Increase parking fee from $1.00 to $2.00 for non residents. Charge parking fees on weekends during the month of October. Charge parking fees on weekdays from mid-June through mid-September of each year. Senior Citizens and handicapped persons with proper identification would be exempt from the vehicle parking fee. Mayor Ventura seconded. Carried by a vote of three ayes. Mr Ferrito and Mr. Daily voting no. COUNCIL & PARKS STUDY SESSION A combined study session is to be held within the next 6 to 8 weeks. ADJOURNMENT Mayor declared the meeting adjourned at 1:05 A.M., Wednesday, February 23rd to Monday February 28th, 7:30 P.M. ATTEST: Rebecca Yates Deputy Clerk