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M 01-04-19823 January 4, 198 2 Los Gatos, Calif . TOWN COUNCIL The Town Council of the Town of Los Gatos met in the Council Chambers of the Town Hall at 7 :35 p .m ., in regular session . ROLL CALL PRESENT: Thomas J. Ferrito, MarLyn J. Rasmussen, Brent N . Ventura and Mayor Peter W . Siemens . ABSENT :Ruth Cannon . PLEDGE OF Given by all in attendance.ALLEGIANCE REPORT REMayor Siemens reported on the Executive Session EXECUTIVEthat wa s held prior to the Council meeting, stating SESSION the followin g matters were discussed : 1.Personnel matter - labor negotiation s 2.Novitiate litigation appeal - Mr . Ventura moved Counci l appeal the reduced judgement . Mr . Ferrito seconded . Unanimously carried . 3.Possible zoning violation litigation . 4.Status report from Attorney on the Bandov litigation . 5.Status report from Attorney on Pedro's litigation . 6.Discussed litigation re Police Officer action . PRESENTATIONS Mr. William Stephens, representing the Rotary Club, and Mr. Rex Morton, representing the Kiwanis Club, presented the 4t h Historical Painting to Mayor Peter W . Siemens . Th e painting is of the Miles House located at Miles and Edele n Avenue and will be on display in the Mayor's Office in th e Town Hall at this time . Mr .William Stephens, representing the Pacific -Gas an d Electric Co ., stated due to the Town's participation .in th e Street Light Conversion projects to conserve energy, i t gave him great pleasure to present Mayor Siemens with th e Energy Conservation Achievement Award plaque . Mr . Ventura stated, Mr . Stephens is retiring from hi s position with the Pacific Gas and Electric Co ., he woul d moved that an appropriate Resolution of Commendation ; fo r his services to the community, be prepared for Mr . Stephens . Mrs . Rasmussen seconded . Unanimously carried . EX-AGENDA Mrs.Rasmussen moved the resolution regarding Martin ITEMS Luther King Day be taken up at the end of the Council meeting an d become item 30 on the agenda . Mr . Ferrito seconded . Unanimously carried . Mayor Siemens letters regarding Winchester Boulevard woul d would become item 31 on the agenda . WRITTEN Mrs. Rasmussen moved letter from O .L. Johns concerning COMMUNICATIONS complaint regarding bus patrons blocking the entrance to his business at 151 N . Santa Cruz Avenue be referred to the Tow n Attorney for response . Mr . Ventura seconded . Unanimousl y carried . Mrs . Rasmussen moved letters from Jim Lewis regardin g building violations in not complying with the Handicappe d access laws for commercial building at 15951 Los Gato s Boulevard and Police enforcement of illegal parking i n handicapped designated stalls, be referred to the Tow n Manager for report at the January 18, 1982 meeting . Mr . Ventura seconded . Unanimously carried . LAND USE Mrs. Rasmussen moved Council accept staff REFERRALS report an d recommendations on the following : 1414-26-41-81B-81V Zella Court Briggs Variance t o reduce front and side setbacks to allow reconstruction of a house destroyed by fire no comment . 1578-33-44-81G Soda Springs Rd .Wokoek Gradin g Permit no comment . 10 5 January 4, 198 2 Los Gatos,Calif . MSR 254 Bruce Avenue Marsan Enterprises 5-lo t subdiv .Council to forward Planning report to Mont e Sereno . GPA-82-1 City-wide City of Saratoga Draft EI R for General Plan Review no comment . JANUARY Mrs . Rasmussen moved Council accept the Planning report fo r PLANNING the month of January,1982 .Mr .Ventura seconded . 10 REPORT Unanimously carried . 11 COMMUNITY Mrs . Rasmussen moved Council direct the Town Clerk t o 12.SERVICES AND publish a Notice of Vacancies for three positions on th e 13 DEVELOPMENT Community Services and Development Commission and schedul e 14 COMMISSION interviews of applicants for January 18,1982 . Mr .Ventur a 1 5 -,VACANCIES seconded . Unanimously carried . 16 COMMENDATION Mrs . Rasmussen moved for adoption of Resolution No .1982-1 7 entitled, A RESOLUTION COMMENDING GERTRUDE R . KNOTT fo r 18 services as a board member of the Council on Aging of Sant a Clara County .Mr .Ventura seconded .Unanimously carried . .-'0 SCHEDULE OF Council accepted the schedule of public hearing s COUNCIL HEARINGS (information only). PROJECT 264-HCDA Mrs . Rasmussen moved for adoption of Resolution No .1982-2 WHEELCHAIR RAMPS entitled, RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LO S 4 GATOS APPROVING PLANS AND SPECIFICATIONS FOR WHEELCHAI R 5 RAMPS,PHASE II PROJECT 264 HCDA .Clerk to advertise fo r .6 bids and bid opening date set for 3 :00 p .m ., Wednesday , February 3rd,1982 .Mr .Ventura seconded .Unanimousl y carried . 9 COMMENDATION Mrs . Rasmussen moved for adoption of Resolution No .1982-3 0 entitled, A RESOLUTION COMMENDING BRAD CLIFFORD for service s as a member of the Planning Commission .Mr . Ventur a seconded .Unanimously carried . SUPPLEMENTAL Mrs . Rasmussen moved to approve supplemental appropriatio n APPROPRIATION in the amount of $1,026 .82, from Bond Construction Fun d 80-7301 80-7301 and authorize the Town Clerk to make the appropriat e 6 refunds .Mr .Ventura seconded .Unanimously carried . 7 T .E .A .Mrs . Rasmussen moved for adoption of Resolution No .1982-4 8 CLASSIFICATION entitled, A RESOLUTION AUTHORIZING THE TOWN MANAGER T O 9 STUDY NEGOTIATE AND EXECUTE A CONTRACT WITH THE COUNTY EMPLOYE E 0 RELATIONS SERVICE,and authorize the transfer of $6,000 .00 , 1 from contingency to GTA Contractural Services account .Mr . 2 Ventura seconded .Unanimously carried . 3 ANNEXATION TO Mrs . Rasmussen moved to accept staff recommendation an d 4 SANITATION approve the annexation of the Sullivan property to Count y 5 DIST . #4 -Sanitation District No .4, with the provisions that th e 6 SULLIVAN property owner enter into an agreement for future annexatio n 7 to the Town of Los Gatos and direct staff to prepare a n 8r-agreement for future annexations .Mr .Ventura seconded . Unanimously carried . SARATOGA AVE .Mrs . Rasmussen moved for adoption of Resolution No .1982 -5 1 BUS LOADING entitled, BUS LOADING ZONE - SARATOGA AVENUE .Thi s 2 ZONE establishes a bus loading zone on the south side of Saratog a 3 Avenue west of University Avenue .Mr .Ventura seconded . 4 Unanimously carried . 106 January 4,1982 Los Gatos, Calif . PARKING Mrs. Rasmussen moved for adoption of Resolution No . RESTRICTIONS 1982-6 entitled, PARKING RESTRICTION - KNOWLES DRIVE KNOWLES DRIVE (prohibiting parking on the south side of Knowles Drive from Pollard Roa d to Capri Drive). Mr . Ventura seconded . Unanimousl y carried . PARKING Mrs. Rasmussen moved for adoption of Resolution No . RESTRICTIONS-1982-7 entitled, PARKING RESTRICTION - ORCHARD STREET ORCHARD STREET AND WEST CENTRAL AVENUE (prohibiting parking on both sides of Orchar d Street and West Central Avenue). Mr . Ventura seconded . Unanimously carried . WEDGEWOOD AVE .Mrs. Rasmussen moved Council accept the updated STOP SINGS informational staff review of Wedgewood Avenue traffic enforcement and the stop sign installations at th e intersections of Lora, Mulberry and LaRinconada Drives . Mr . Ventura seconded . Unanimously carried . CLAIM FOR Mrs . Rasmussen moved Council accept staf f DAMAGES -report and deny the claim for damage s CUTRIGHT filed on befalf of Craig Cutright . Mr. PAYROLL AND Ventura seconded . Unanimously carried . WARRANT DEMANDS Mrs . Rasmussen moved Council approve th e DECEMBER December payroll i n the amount of $274,519.19 and the warrant demands in th e amount of $390,362.97 . Mr . Ventura seconded . Unanimousl y carried . MINUTES Mr . Ventura requested correction of the December 21, 198 1 Council minutes as follows : Page 2 - subject - WRITTEN COMMUNICATIONS 7, motion shoul d read, Mr . Ventura moved that letter be written Mrs . Rodenburg stating Council has no jurisdiction but a copy o f her letter will be forwarded to the Senior Coordinatin g Council . Page 2 - subject - KAVIN LANE PLAN LINE, Mr . Ventura wishe d it noted that if final development differs significantl y from current plans then this should be brought back t o Council . Page 4 - subject - BILATERAL NUCLEAR WEAPONS, to read, Mr . Ventura moved Resolution No . 1981-247 entitled, A RESOLUTIO N OF THE TOWN COUNCIL ENDORSING THE CALIFORNIA BILATERA L NUCLEAR WEAPONS FREEZE INITIATIVE, be adopted with th e addition of "WHEREAS, Town Council support an initiative o n this issue to encourage debate and dialogue on this critica l issue ." Mr . Ferrito seconded . Motion carried by three aye s with Mrs . Rasmussen abstaining . Page 4 - add - STATUS REPORT ON HANDICAPPED ACCESS POLICIE S - Council accepted status report on handicapped acces s policies . Mrs . Rasmussen moved minutes of November 16, 1981, b e approved and minutes of December 21, 1981, be approved a s corrected . Mr . Ventura seconded . Unanimously carried . WEST VALLEY Mr . Mora spoke on report of West Valle y ASSIST - MTC/TDA Assist's request for amendment to Town GRANT MTC/TDA grand and recommended denial of request . Bill Doyle, President of West Valley Assist, spoke for the request and against combining West Valley Assist an d Transit Assist, stating both programs are needed an d explained the various duties of each . Claudia Vale spoke o n the history and the establishing of the West Valley Assis t program and the needs for such a program . Sheryl Haywood , representing Transit Assist, spoke against the combining o f the two programs . Rhoda Garadelli spoke against th e discontinuance of West Valley Assist program as did Pau l Crider . Egon Jensen, President of the Taxpayer's Association, suggested that the programs continue as the y are . After further discussion, Mrs . Rasmussen moved Counci l grant West Valley Assist's request to amend the Town's MTC/TDA grant and refer the matter back to staff fo r consideration,, in next fiscal year, for a possible combine d program . Mr . Ventura seconded . Unanimously carried . -3- January 4, 1982Los Gatos, Calif. RECONSTRUCTION Mayor Siemens stated this was the time and place NON-CONFORMING duly published for public hearing to consider the BUILDINGS extension of a n Urgency Ordinance regarding ORDINANCE reconstruction of non-conformin g buildings . There EXTENSION being no one in the audience wishing t o speak on this issue, Mr . Ferrito moved hearing be closed . Mr . Ventura seconded . Unanimously carried . Mr . Ferrit o moved reading be waived for AN URGENCY ORDINANCE OF THE TOW N OF LOS GATOS EXTENDING ORDINANCE NO . 1487 FOR ONE YEAR . Mr . Ventura seconded . Unanimously carried . Clerk read title . Mr . Ferrito moved for adoption of Ordinance . Mr . Ventur a seconded . Motion failed by vote of three ayes . Mrs . Rasmussen voting no . Mrs . Cannon was absent . (4/5 vote wa s required). Mr . Ferrito then moved that said Ordinance b e introduced as a regular Ordinance and not an Urgenc y Ordinance . Mr . Ventura seconded . Carried by a vote o f three ayes . Mrs . Rasmussen voting no . The Town Atorne y stated this is a zoning matter it cannot be introduce d tonight as a regular Ordiance but must be referred back t o Planning Commission . Mr . Ferrito moved matter be referre d to Planning Commission for their recommendation . Mr . Ventura seconded . Unanimously carried . APPEAL Mayor Siemens stated this was the time and place dul y BING TAM -published for public hearing to consider the appeal o f 20 S . SANTA CRUZ Planning Commission's denial of Conditional Use Permi t application U-77-42A requesting approval to serve beer an d wineaspart of an existing restaurant in the C-2 Lone . Mr. Tam, appellant,spoke on behalf of the applicatio n stating it is a small business and cannot see that any problems would arise from the sale of beer and wine at sai d premises, and presented Council with an petition signed b y 415 patrons requesting that Mr. Tams restaurant be allowe d to serve beer and wine. Warren Bisbee, 18400 Overlook Road , stated due to the limited seating and limited hours, h e would urge Council to grant the appeal . Mr . Ferrito state d for the record, according to Planning Commission minutes , the Planning Director indicated that itisstandar d procedure to inform applicants that the likelihood of a n approval of a downtown beer and wine license application i s doubtful. Mr . Ferrito asked the Planning Director if th e applicant had been informed and the answer was yes. Mr . Ventura then stated, for the record, that Council receive d two letters from the Police Chief urging various Commission s and decision making bodies not to approve another alcohol and beer license . Jeanette Marino, representing Mr . Tam , stated if there was no hope for applicant to receiv e approval she could see no reason for the Planning Departmen t to accept Mr. Tam's money for the application which i s non-refundable. After further discussion and no one els e wished to speak on the issue, Mrs. Rasmussen moved hearin g be closed. Mr . Ventura seconded . Unanimously carried . Mrs. Rasmussen moved appeal be denied and authorized th e Attorney to prepare appropriate resolution for Counc il consideration at their next regular meeting. Mr . Ventur a seconded. Unanimously carried . RECESS Mayor Siemens declared a recess . Meeting reconvened a t 9:35 p .m . ELECTION Mayor Siemens stated this was the time and place dul y CONSOLIDATION published for public hearing to consider the possibility o f consolidating the local April election with the Statewide primary election being held in June, 1982 ; the Statewid e general election being held in November, 1982 or the Schoo l District election which is held in November, 1983 . The Tow n Manager referred to his report regarding possibl e 6 -4 - 3 4 2 January 4, 198 2 Los Gatos, Calif . consolidation of Town's election as provided for in ne w legislation SB 230 . The report contains information on percentage of voter turnout, for recent elections ; decisio n on consolidation made by other Santa Clara Count y municipalities ; cost savings to the Town with variou s consolidations and advantages and disadvantages . Speakin g on the issue were Catherine Smith, Eric Carlson, Barbar a Spector, Terry Dailey, Tom Baer, Jo Bartlett, Randy Grimes , Mrs .Frankx, Elwood Voelker, Frank Howell, Egon Jensen, A l Martinski, Bobbie and Walt Crafford, Warren Bisbee, Kath y Morgan and Marlon Smith . After further discussion and n o one else wished to speak on this issue, Mrs . Rasmussen move d hearing be closed . Mr . Ventura seconded . Unanimousl y carried . Mayor Siemens moved to introduce Ordinanc e changing the date of the General Municipal election fro m April to the same day as the Local School District Electio n of November, 1983 . Mr . Ventura seconded . Clerk read Ordinance as follows : "ORDINANCE NO ., entitled, A N ORDIANCE OF THE TOWN OF LOS GATOS CHANGING THE DATE O F GENERAL MUNICIPAL ELECTIONS FROM THE SECOND TUESDAY IN APRI L TO THE SAME DAY AS THE LOCAL SCHOOL DISTRICT ELECTION . Th e Town of Los Gatos hereby ordains : Pursuant to Californi a Government Code Section 36503 .5, general municipal election s in the Town shall be held on the same day as the loca l school district election, commencing in 1983 ." Motion t o introduce Ordinance carried on Roll Call vote of Ayes : Mr . Ferrito, Mr . Ventura and Mayor Siemens . No, Mrs . Rasmussen. Absent : Mrs . Cannon . Mayor Siemens moved tha t advisory measure be placed on the June ballot concernin g election date change on whether the date should .be November , 1982 or as with November, 1983 as Council ha'schosen . Mr . Ferrito seconded . Carried by vote of three ayes .Mrs . Rasmussen voted no . Staff to prepare statement as t o rationale for change . This to be mailed to all-registere d voters in Los Gatos . OMBUDSMAN Gary Pinkus reported to Council on the Ombudsman PROGRAM Program and asked Los Gatos to communicate with Palo Alto, Saratoga an d San Jose re Los Gatos support of the Program . Mrs . Rasmussen moved letter be sent as requested, reaffirmin g Town of Los Gatos' support of said program . Mr . Ventur a seconded . Unanimously carried . YOUTH WEEK Mr. Terry Dailey and Charles Drummond, members of the Yout h Advisory Commission, presented a proposal of the Yout h Advisory Commission regarding Youth Week '82 . Afte r discussion of the different activities, Mr . Ventura move d Council approve the Youth Week concept and authorize th e Youth Advisory Commission to proceed with it s implementation. Mr . Ferrito seconded . Unanimously carried . PROPOSED Mrs. Rasmussen moved that Council approve the BONNIE LANE recommende d process and direct staff to proceed with ASSESSMENT DIST the project, bu t would like a break down on the costs . Mr . Ferrito seconded. Unanimously carried . BICYCLE Mr . Ventura moved to accept staff recommendation and FACILITIESapprov e the proposal to construct a Bicycle-Pedestrian TDA ARTICLE 3Path on th e east side of Los Gatos Creek (west side of FUNDSRoberts Road ) from Blossom Hill Road, south to the Roberts Road bridge . Mrs . Rasmussen seconded . Unanimously carried . REPORT-POLICE VEHICLE FLEET Report is for information only. No action take. -5- 10 9 January 4, 198 2 Los Gatos, Calif . IMPROVEMENT Mrs. Rasmussen moved to approve the removal of PARKING DIST .#1 the concret e island in the parking lot which was build to protect a n existing tree . The tree died and was cut down . With th e removal of the concrete island, eleven (11) additiona l parking stalls could be added . Staff directed to bring bac k landscaping plan toCouncil.Mr . Ventura seconded . Unanimously carried . SOUTH BAY Mr. Ferrito moved for adoption of Resolution No . COOPERATIVE 1982-8 entitled, A RESOLUTION APPROVING LIBRARY SYSTEM RECOMMENDATION THAT THE LO S GATOS LIBRARY BECOMES A MEMBER OF THE SOUTH BAY COOPERATIV E LIBRARY SYSTEM . Mrs . Rasmussen seconded . Unanimousl y carried . CULTURAL Mr. Ferrito moved this request on children's RESOURCES ballet b e continued to the January 11, 1982 COMMISSION meeting as need furthe r information regarding REQUEST this request. Mrs. Rasmusse n seconded . Unanimouly carried . MARTIN LUTHER Mr. Ventura moved for adoption of Resolution KING DAY No. 1982-9 entitled, A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN O F LOS GATOS DECLARING JANUARY 15, 1982, AS DR . MARTIN LUTHE R KING DAY .Mrs . Rasmussen seconded . Unanimously carried . WINCHESTER Mr. Van Houten, Director of Public Works, stated BOULEVARD the questions regarding complaints received in COMPLAINTS said letters regarding safety aspects of the left turn lane on Wincheste r Blvd ., (at the intersection of La Rinconada Drive) are bein g studied and recommends putting in an island in the 2-wa y left turn lane north of La Rinconada Drive . At this tim e he would recommend putting in paint and raised bars first t o be sure that is the way Council wants it and then come bac k and landscape at a later date . After further discussion, i t was consensus of Council to ask for staff report back t o Council at their February 1, 1982, meeting regarding th e proposed alternatives . ADJOURNMENT Mrs. Rasmussen, at 11:35 p.m., moved meeting be adjourned t o 7 :30 p .m ., Monday, January 11, 1982 . To consider adoptio n of Ordinance regarding election consolidation, interviewin g Planning Commissioner applicants and make appointment t o said Planning Commission . Mr . Ferrito seconded . Unanimously carried .