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M 01-18-1982January 18, 198 2 Los Gatos, Calif . TOWN COUNCIL The Town Council of the Town of Los Gatos met in the Counci l 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 O F ALLEGIANCE Given by all in attendance . PRESENTATIONS Mayor Siemens presented a Resolution of Commendation t o Gertrude R . Knott for her outstanding service to the Tow n and its citizens . as a board member of the Santa Clara Count y Council on Aging . Mayor Siemens presented a Resolution of Commendation t o Bradley Clifford for his contribution to the Town and it s citizens while serving as a member of the Los Gatos Plannin g Commission . Mr . Sam Laub, Chairman of the Los Gatos Plannin g Commission, also presented Mr . Clifford with a Resolution o f Commendation (as adopted by the Planning Commission). COMMUNITY Mayor Siemens stated that Council held interviews o f SERVICES AND applicants prior to the Council meeting . He noted there ar e DEVELOPMENT three vacancies at this time . Applicants for sai d COMMISSION commission were Nancy L . Aitken, E .J . "Butch" Hart,Jr , APPOINTMENTS Russell E . Louthian, Elaine "Vicky" Powell, Catherine Smit h and Sy C . Ziswasser . Nominated for the three positions wer e Nancy Aitken, Catherine Smith,Vicky Powell and Russel l Louthian . Voting was held and receiving the majority voter s were Catherine Smith, Russell Louthian and Vicky Powell . They were reappointed to another three year term as member s of the Community Services and Development Commission . STUDENT PARK Mr . Frank Jelinch, Chairman of the Park Commission, state d COMMISSION the Park Commission Review Committee had interviewed si x APPOINTMENTS applicants who had expressed interest in . becoming Studen t Commission members . They recommended the appointment o f Jane Marie Durand and Marsha Ingleston . Mr . Ferrito move d to accept the recommendation and appoint Jane M . Durand an d Marsha Ingleston to said commission for one year . Terms t o expire February 1, 1983 . Mrs . Rasmussen seconded . Unanimously carried . BID AWARD -Mrs . Cannon moved Council to accept staff recommendation an d CIVIC CENTER award the contract to low bidder, Saldivar Construction, i n PARKING LOT the amount of $53,170 .00 . Authorize the Mayor and Clerk t o EXPANSION sign said contracts on behalf of the Town and appropriat e $18,000 .00 from Storm Drain Funds, Basin No . 2 ; an d $8,000 .00, from Federal Revenue Sharing Funds to cove r construction costs . Mrs . Rasmussen seconded . Carried by a vote of four ayes, Mr . Ferrito voting no . Mr . Ventura moved Council accept staff recommendation an d award the contract for this work to low bidder, Chave z Brothers Fencing, in the amount of $4,548 .00 . Authorize th e Mayor and Clerk to sign said contracts on behalf of the Tow n and appropriate $5,000 .00,from the park Tax Fund to cove r construction costs . Mrs . Cannon seconded . Unanimousl y carried . BID AWAR D NOVITIAT E FENCING PARK 11 2 r January 18,198 2 Los Gatos, Calif. Mrs .Cannon moved Council accept staff recommendation an d award the contract for this work to low bidder, CVE, Inc,., in the amount of $56,261 .00 . Authorize the Mayor and Cler k 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 Commissio n so it could be discussed in the Downtown Specific Plan . After further discussion, Mr . Ferrito moved the awarding o f the contract be continued to the meeting of February 1 , 1982 .Mr . Ventura seconded . Unanimously carried . Letter from American Bank and Trust Company concernin g increase of Trustee fees for the Town's Retirement Plan . Mrs . Rasmussen moved letter be referred to Retirement Boar d for review and recommendation . Mrs . Cannon seconded . Unanimously carried . Letter)from Robert Barrow concerning rental mediatio n 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 . Unanimousl y carried . Letter from Joyce Bisbee, Coordinator for the Ming Quon g Strawberry Festival, stating the Strawberry Festival will b e held on June 5th and 6th, 1982, and requests that fees fo r the use of the Neighborhood Center be waived for thi s event . It was duly moved and seconded that this be referre d to staff for full report on Strawberry Festival .activitie s at the Council meeting of February 1, 1982 . Carried by a vote of four ayes . Mrs . Rasmussen abstained . Letter from California Energy Commission concernng win d energy . Mrs . Rasmussen moved this be referred t o Development Review Committee and Planning Commission fo r review and comment after Commission completes the Genera l Plan Review . Mrs . Cannon seconded . Unanimously carried . Letter-s from Mr . Craycroft, Mr . Olson and Mr . Watanab e concerning stop signs at National Avenue and Lo s Gatos-Almaden Road,. Mrs . Rasmussen moved to direct staff t o advise writers that follow up report is due to Council o n March 15, 1982 . Mrs . Cannon seconded . Unanimously carried . Letter from Gallagher & Reedy re Old Orchard Developmen t Lands . Mrs . Rasmussen moved this be referred to staff fo r full report to be submitted to Council February 1, 1982 . Mrs . Cannon seconded . Unanimously carried . Letter from the Chamber of Commerce concerning proposed Win e Appreciation Day to be held on August 21, 1982 . Mrs . Rasmussen moved this request be referred to staff for ful l report to be submitted to Council on March 1, 1982 . Mrs . Cannon seconded . Unanimously carried . DEFERRED Mrs . Rasmussen moved for adoption of Resolution No . 1982-1 0 COMPENSATION entitled, A RESOLUTION APPROVING THE TOWN'S PARTICIPATION I N PLAN A DEFERRED COMPENSATION PLAN . Mrs . Cannon seconded . Unanimously carried . BID AWARD - TRAFFIC SIGNA L N .SANTA CRUZ & ANDREWS STREE T WRITTE N COMMUNICATIONS SCHEDULE O F PUBLI C HEARING S SALE OF USE D TOWN VEHICLES January 18, 198 2 Los Gatos, Calif . Mrs . Rasmussen moved Council accept staff report re publi c hearings that have been scheduled for future Counci l meetings . Mrs . Cannon seconded . Unanimously carried . Mrs . Rasmussen moved Council accept staff recommendation o n bids that Town had received and authorize the disposition o f surplus (used) vehicles as follows : \Vehicle 15 - Ford Pinto Sedan to Ron Walter for $325 .0 0 \Vehicle 101 - Ford 1/2ton Pick-up to John Hochstetler fo r $900 .0 0 `Vehicle 130 - Ford Courier Pick-up to Ron Walter fo r $2,150 .00 . \Vehicle 205 - Int'nl 1/2ton Pick-up to Ron Walter fo r $326 .00 . ,Vehicle 320 - Int'nl Dump truck to Roger McLean for $755 .00 `Vehicle 509 Dodge Aspen Sedan to Archie Watson fo r $1,515 .00 . -Vehicle 522 - Dodge Aspen Sedan to Pauline Orr for $880 .00 . Vehicle 572 - Dodge Coronet Sedan to Roger McLean fo r $175 .00 . Vehicle 586 - Dodge 1/2ton Pick-up to Mike Beeman fo r $325 .00 . Reject bids on Vehicle 4 and Vehicle 206 and retain sai d vehicles at this time and readvertise these at anothe r time . Mrs . Cannon seconded . Carried by vote of four ayes . Mr . Ferrito abstained . GREEN VALLE Y RATE INCREAS E REQUES T COUNT Y referral s W1LLAIM STEPHENS RETIREMEN T P .G . & E . APPEAL - TAM USE PERMIT 20 S . SANTA CRUZ AVE . CERTIFICATE O F ACCEPTANCE AN D NOTICE O F COMPLETION S REVENUE AN D EXPENDITUR E REPORTS FO R DECEMBER ;Mrs . Rasmussen moved to accept staff recommendation and se t public héaring (re a proposed rate increase) for February 1,. 1982 . Mrs . Cannon seconded . Unanimously carried . Mrs . Rasmussen moved Council accept staff recommendation a s follows : 1585-31-53-82V Cherry Blossom Lane Sanfilipp o Variance to reduce rear yard setback no comment . Mrs . Cannon seconded . Unanimously carried . Mrs . Rasmussen moved for adoption of Resolution No . 1982-1 1 entitled, A RESOLUTION COMMENDING WILLIAM B . STEPHENS JR . Mrs . Cannon seconded . Unanimously carried . Mrs . Rasmussen moved for adoption of Resolution No . 1982-1 2 entitled, A RESOLUTION DENYING AN APPEAL FROM A DECISION O F THE TOWN PLANNING COMMISSION . Mrs . Cannon seconded . Unanimously carried . Mrs . Rasmussen moved the Certificate of Acceptance an d Notices of Completion be approved for the following : 451 Los Gatos Boulevard - Charles Beeb e 200 Prospect Avenue - Sisters of the Holy Nam e Tract 6860 - 16979 Roberts Road - Karnan & Damso n 449 N .Santa Cruz Avenue - Northern California Savings an d Loan . Mrs . Cannon seconded . Unanimously carried . Mrs . Rasmussen moved Council accept the Revenue an d Expenditire report for the month of December 1981 . Mrs . Cannon seconded . Unanimously carried . January 18, 198 2 Los Gatos, Calif . READOPTION OF Mrs . Rasmussen moved Council accept staff recommendation an d ORDINANCE NO .readopt Ordinance No . 1523 entitled, ORDINANCE OF THE TOW N 1523 - APPEAL OF LOS GATOS AMENDING SECTION 5 .30 .050 OF THE TOWN ZONIN G ORDINANCE TO PROVIDE THAT APPEALS FROM DECISIONS OF TH E PLANNING COMMISSION MAY NOT BE WITHDRAWN WITHOUT THE CONSEN T OF THE TOWN COUNCIL . Mrs . Cannon seconded . Unanimousl y carried .. DECEMBER -Mrs . Rasmussen moved Council accept the December Revenue an d REVENUE AND Expenditure reports . Mrs . Cannon seconded . Unanimousl y EXPENDITURE carried . REPORTS MINUTES Mr . Ferrito moved for approval of minutes of Counci l meetings January 4th and January 11th, 1982, as submitted . Mr . Ventura seconded . Carried by a vote of 4 ayes . Mrs . Cannon abstained . WRITTEN REQUEST Mrs . Rasmussen moved that Council accept staf f ALMADEN recommendation and deny the request of the Almaden Triathlo n TRIATHLON Challenge to use Hicks Road as part of the route of a CHALLENGE bicycle race on Sunday, April 4, 1982, as it woul d constitute a traffic hazard . Mr . Ventura seconded . Unanimously carried . TREASURER'S It was consensus of Council to accept said Treasurer's REPORT FOR report for the month of December 1981 . DECEMBE R ELECTION DATE Discussion was held re wording on Notice to Registere d CHANGE Voters concerning election date change . AfterToine suggested changes, Mr . Ferrito moved the followl~nrg revise d wording be used on the Notice to Registered Voters : "The Los Gatos Town Council has consolidated the nex t regular Town election with the next local school distric t election on November 8, 1983, pursuant to Section 36503 o f State Government Code . Terms of all currently electe d officials have been extended accordingly to November, 198 3 (Councilmembers Cannon, Ferrito, Siemens), and to November , 1985 (Councilmembers Rasmussen, Ventura ; Town Clerk Aldag ; Town Treasurer Stoops). No terms have been decreased, sinc e the State Government Code does not allow any decrease i n terms of office of elected Town officials . Voters should be aware that the Council has set an advisor y election for June, 1982 to determine whether Town voter s would prefer municipal elections be held in November o f even-numbered years (consolidation with the state-wid e general election) or in November of odd-numbered year s (consolidation with local school district elections)." Mr . Ventura seconded . Carried by roll call vote of Ayes : Ruth Cannon, Thomas J . Ferrito, MarLyn J . Rasmussen, Bren t N . Ventura and Mayor Peter W . Siemens . Noes : None . HANDICAPPED Town Manager presented report on handicapped access issue s ACCESS POLICIES concerning policies and projects for the Town as follows : HANDICAPPE D ACCESS POLICIE S (CONTINUED) 1 5 1.That the Town policy concerning review of developmen t building proposals incorporate a policy of maximu m handicapped accessibility as a criterion used by Town staf f in the review of plans and specifications ; 2.That the Council authorize staff to proceed with th e development of plans and specifications for th e modifications of restrooms in the Town Hall facility so tha t those restroom facilities can be handicapped accessible ; an d that Staff include in the proposed capital improvemen t budget the various other items identified to increas e handicapped accessibility in the Town Hall facility ; 3.That the Town approve a policy of implementation o f handicapped parking regulations on private property whic h includes routine patrol in the Central Business District an d response outside the Central Business District limited t o response to complaints ; 4.That the Council accept the informational report s dealing with the handicapped access issues at variou s locations, including the new building at 15961 Los Gato s Boulevard, the Old Town Parking lot, the Noodle Palace, th e O .L . Johns building, and the Los Gatos Athletic Club ;an d 5.That the Council accept the revised priority list fo r handicapped access curb cuts as submitted by Mr .Jim Lewi s in his correspondence of September 29, 1981, and instruc t staff to use this new priority list for future handicappe d access curb-cut projects . After some discussion on the above 5 issues, Mr . Ventur a moved Council approve items 1,2,3 and 5 and approve 1596 1 Los Gatos Boulevard in (item 4) based on testimony receive d tonight and follow-up report be made re Los Gatos Athleti c Club and letter be written to owner of Noodle Palac e requesting improvements be made for handicapped access . Mrs . Rasmussen seconded . Unanimously carried . STATE CRIM E STATISTICS & POLICE ACTIVIT Y REPOR T SIGNS FOR PUBLI C HEARING NOTICE S WILLIAMSON AC T CONTRAC T CANCELLATION It was consensus of Council that this item be reagendize d for the meeting of February 16, 1982, and also have copie s of previous published newspaper articles (re crim e statistic's) be distributed . So ordered . Staff presented an informational report re sig n notifications for public hearings . Discussion was held r e cost of mailing notices vs . posting notices . It wa s consensus of Council that report be back to them in 120 day s with revised report on cost break down re various] signin g procedures . Staff presented an information report re Williamson Ac t contract cancellation procedures . Mr . Ventura moved Council restate its position supportin g the revisions in LAFCO's Urban Service Area Policies an d indicate to LAFCO that the Town would support legislatio n that would allow annexation within U .S .A .'s to be processe d soley by the annexing city .Mrs .Rasmussen seconded . Unanimously carried . Mr . Ferrito moved to accept staff recommendation an d authorize the Mayor to seek assistance from the Town's elected State representatives in gaining approval b y Cal-Trans of the proposed sidewalk construction . Mrs . Cannon seconded . Unanimously carried . 1AECO URBA N SERVICE ARE A ANNEXATIO N PROCES S BLOSSOM HIL L ROAD -BRIDG E PROPOSE D SIDEWALK January 18, 198 2 Los Gatos, Calif . Mrs .Cannon moved for adoption of Resolution No . 1982-1 3 entitled, A RESOLUTION OPPOSING SB426 MANDATING COMPULSOR Y AND BINDING ARBITRATION . Mrs . Rasmussen seconded . Carrie d by a vote of three ayes . Mr . Ferrito and Mr . Ventura votin g no . Staff presented an informational report on said proposal an d it was their recommendation that Council should not spen d its limited staff resources in assisting this development . Report accepted . Town Manager referred to staff report from the Communit y Services and Development Commission's recommendation tha t the Council approve the S . Santa Cruz Avenue site for th e development of abus station . He is requesting Council t o defer decision re this recommendation until public hearing s on the Downtown Specific Plan are held . Mr . Quigley, Vic e Chairman of the Community Services and Developmen t Commission, spoke on the recommendation of the Commission , giving reasosn for selection of said site and urges Counci l to take some action on this recommendation . After furthe r discussion, Mrs . Rasmussen moved Council direct staff t o prepare cost report on temporary building on site that CSD C recommended . Mr . Ferrito seconded . Unanimously carried . Staff to also investigate the possible use of Gas Tax fund s or application for Grant from MTC for said project . ACCESS PROBLEMS Staff to contact Mr . Perini re access problems . 14739 WINCHESTE R BOULEVARD Discussion was held re proposed program . Further information to be given to Council and this will Jo e discussed at a later date . Mayor reported on Transportation Commission, stating th e Board of Supervisors has set up County Task Force to discus s and propose a ballot measure for County to increase gas ta x for local street and highway funding . Mayor Siemens declared the meeting adjourned at 10 :15 p .m . ATTEST : &id-- Rose E . Aldag Town Cler k SB 426 - COMPULSORY AN D BINDIN G ARBITRATIO N MITCHELL-BULO T ASSOCIATE S PROPOSA L PROPOSED BU S S TATtfl N TOWN VOLUNTEER PROGRAM COUNCIL ITE M ADJOURNMENT 6