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M 01-19-81 438 January 19, 1981 Los Gatos, California 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: Ruth Cannon, MarLyn J. Rasmussen, Peter W. Siemens, Brent N. Ventura, and Mayor Thomas J. Ferrito. ABSENT: None. PLEDGE OF ALLEGIANCE Given by all in attendance. MINUTES Mrs. Rasmussen moved minutes of January 5, 1981 be approved as submitted. Mrs. Cannon seconded. Unanimously carried. YOUTH ADVISORY Mayor Ferrito stated that on September 15, 1980 the Town Council COMMISSION adopted Resolution No. 1980-136 establishing a Youth Advisory APPOINTMENTS Commission to consist of 2 adults, 3 high school students, and 2 junior high school students. The closing date for receiving applications was January 14, 1981, and interviews were held tonight prior to the Council meeting. Mrs. Rasmussen moved for appointment of Terrence Daily and Charles Drummond as adult Commission members. Mr. Ventura seconded. Unanimously carried. Mrs. Rasmussen moved for appointment of Colette Craycroft and Julie Nunez as junior high school members. Mr. Ventura seconded. Unanimously carried. Nominations and voting were held for the 3 high school members and the following were appointed: Wendy Becker, Steven White, and Rick Bhandari. Mayor Ferrito stated he wished to thank all students for their interest. WRITTEN 1. Leaflet from the League of Friends of the Santa Clara COMMUNICATIONS County Commission, on the Status of Women, inviting Council and other organizations to submit nominations for the 1980 Women of Achievement Awards. No action. 2. Letter from 0. L. Johns, asking Council to take proper action so he can complete the construction of his building at 151 N. Santa Cruz Avenue. Referred to Attorney for response. 3. Letter from Harley and Agnes Thompson, 156 Massol Avenue, protesting the assigned amount of assessment to their property in the Broadway Extension Assessment District. Later agenda item (IV-A). 4. Letter from Gene Westphalen, 311 Tait Avenue, concerning traffic counters placed on the roadway adjacent to his residence. (Director of Public Works reported that staff is updating traffic counts in that area due to request from the Almond Grove Neighborhood Association, and staff will prepare a biannual traffic volume map for major streets.) It was consensus of Council that Engineering staff should vary the days and also the months when taking traffic counts. After further discussion, it was requested that staff make some sort of analysis on this. 5. Communications from County of Sonoma, Board of Supervisors, re the health hazards posed to people regarding PCB electric capacitors owned by PG & E, plus a copy of a Resolution as adopted by their Board, asking for a response from our Council. Staff to check with Santa Clara County to see what position they have taken, and also to write PG & E inquiring as to storage of PCB capacitors. Chief Johnson stated he has a meeting scheduled with PG & E representa- tive to discuss clean up procedures of transformers and toxic properties of it, and he will be glad to pass this information along to Council. 6. Letter and report from Citizens For a Better Environment, informing Council of the human health effects of spraying and the economic impacts of the Mediterranean fruit fly. - I - 439 January 19, 1981 Los Gatos, California WRITTEN Mayor Ferrito referred to letter from Santa Clara County COMMUNICATIONS Medical Society re Seminar to be held on January 28, 1981 (CONTINUED) at 7:30 P.M., to discuss the medical implications of the proposed aerial spraying of malathion to combat the fruit fly problem in Santa Clara County. 7. Letter from California Farm Bureau Federation, urging the Council to go on record supporting the eradication of the Medfly. No action. 8. Letter from Ming Quong Children's Center, requesting the use of the Civic Center facilities for their Strawberry Festival to be held Saturday and Sunday, June 6 and 7, 1981. They also request that fees for use of the Community Center be waived. Mrs. Rasmussen moved request be granted, and Town staff be authorized to work with the organization. Mr. Ventura seconded. Unanimously carried. 9. Letter from Louis Norga, owner of an apartment building in Los Gatos, requesting exemption of fees imposed by Town Rental Mediation and Arbitration process. Mr. Siemens moved Council accept staff recommendation and deny the request for exemption, and that Council direct Town Manager to review the fiscal impact of amending the Town Rental Mediation and Arbitration ordinance to provide for an exemption for Section 8 units. Mr. Ventura seconded. Unanimously carried. 10. Revenue and expenditures reports for the month of December, 1980, from office of Town Clerk. 11. Treasurer's monthly report for December, 1980. VERBAL Joan Hunter, 108 Louise Court, member of the Ambassador Girl COMMUNICATIONS Scout Troop, stated that on behalf of the Granny Scout Troop, she was here to present the Town with a check in the amount of $74-29 for the purpose of purchasing a shuffleboard for the Neighborhood Center. FREE PUBLIC Mrs. Cannon moved to accept staff recommendation and authorize PARKING SIGNS staff to purchase and install an additional "Free Public Parking" sign on Saratoga Avenue, west of University. Mr. Ventura seconded. Unanimously carried. CAMINO DEL SOL Mrs. Cannon moved for adoption of Resolution No. 1981-8 entitled CUL-DE-SAC RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS APPROV- PROJECT 248-ss ING PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF STREET IMPROVEMENTS TO CLOSE CAMINO DEL SOL AT NATIONAL AVENUE (PROJECT 248-SS), and direct Town Clerk to advertise for bids. (Bid opening set for 3:00 p.m. on February 17, 1981.) Mr. Ventura seconded. Unanimously carried. BUS LOADING Mrs. Cannon moved for adoption of Resolution No. 1981-9. estab- ZONE REVISIONS lishing BUS LOADING ZONES. Mr. Ventura seconded. Unanimously carried. ANCHOR/BOHNEN Manager Mora referred to staff report which states that, prior BOND RELEASE to annexation, this property was located In an unincorporated area, and there was a contract between the County and the developer, Gerald Anchor. Upon annexation, the County assigned this contract to the Town of Los Gatos. Under the terms of the contract, the developer deposited passbooks totaling $89,100.00. These passbooks are being held by the Town, and staff is recom- mending the partial release of funds of the Faithful Performance portion of these bonds. After some discussion, Mrs. Cannon moved to release 75% of the Faithful Performance, and authorize the Director of Public Works to issue a letter to California Savings and Loan Company, authorizing the release of 75% or $33,412-50 of the funds on deposit to Gerald L. Anchor. Mr. Ventura seconded. Unanimously carried. 2 440 January 19, 1981 Los Gatos, California LOS GATOS CREEK Mrs. Cannon moved for adoption of Resolution No. 1981-10 BIKE/PEDESTRIAN entitled RESOLUTION AUTHORIZING JOINT USE OF THE LOS GATOS TRAIL AGREEMENT CREEK WITH SANTA CLARA VALLEY WATER DISTRICT, and authorize the Mayor to sign the agreement on behalf of the Town. Mr. Ventura seconded. Carried by vote of four ayes. Mrs. Rasmussen voting no. REQUEST FOR Mrs. Cannon moved to accept staff report re request for CHANGE IN change in Building Code with regard to roof drainage and BUILDING CODE flat roofs, and that Building official will follow up on this at a later date. Mr. Ventura seconded. Unanimously carried. COUNTY Mrs. Cannon moved to accept staff recommendations of the fol- REFERRALS lowing: 12S78.9 Skyline Blvd. Follette Time extension for 4-lot subdivision recommend denial 1321-27-4o-8]v Lindbergh Ave. Apodaca Front and rear yard variance for single family dwelling no comment 993-30-52-80LA Englewood Ave. Beadle Appeal of lot line adjustment County P.C. hearing 1/15/81 12C75.1 Old Santa Cruz Hwy. Gillette 5-lot cluster subdivision ASA Committee 1/22/81 Mr. Ventura seconded. Unanimously carried. MANAGER ICMA Mrs. Cannon moved for adoption of Resolution No. 1981-11 DEFERRED entitled A RESOLUTION APPROVING THE ESTABLISHMENT OF THE COMPENSATION ICMA DEFERRED COMPENSATION PLAN AND PARTICIPATION IN SAID PLAN PLAN BY THE TOWN MANAGER, and authorize the Mayor to execute the appropriate documents. Mr. Ventura seconded. @@Unanimously carried. DRIVEWAY ACCESS Mr. Simons withdrew his request for a driveway access onto SARATOGA AVENUE Saratoga Avenue. REQUEST FOR Mr. Siemens moved to set a public hearing for March 2, 1981, STOP SIGNS to consider petitioner's request to place stop signs on WEDGEWOOD Wedgewood Avenue at Lora Drive, Mulberry Drive, and LaRinconada AVENUE Drive. Mr. Ventura seconded. Unanimously carried. BROADWAY Mayor Ferrito stated this was the time and place duly published EXTENSION 80-2, for public hearing for the Broadway Extension 80-2 Assessment ASSESSMENT District. Speaking in protest against the amount assigned to DISTRICT their properties were Jean McNamara and Harley Thompson. Written protests were filed by Jean McNamara, Harley Thompson, and Mr. LaCasse. Mr. Harley Thompson spoke on the possibility of flooding of his property due to work on this project. D. Raymond of WTW, engineers for this project, had not been aware of this possibility but would certainly Investigate. Mr. Arthur Strawn, 115 Broadway, spoke for the project. There being no one else wishing to speak on this project, Mrs. Rasmussen moved hearing be closed. Mrs. Cannon seconded. Unanimously carried. Mrs. Cannon moved for adoption of Resolution No. 1981-12 entitled A RESOLUTION OVERRULING PRO- TESTS ON RESOLUTION OF INTENTION NO. 1980- 120, AS AMENDED (as there were less than 50'/. of the area affected by the assessment district protesting the district). Mr. Siemens seconded. Unanimously carried. Mrs. Cannon moved to retain the contribution of the Town of Los Gatos at 75% of the current bid. Mr. Ventura seconded. Unanimously carried. - 3 - 441 January 19, 1981 Los Gatos, California BROADWAY Mrs. Rasmussen moved for adoption of Resolution No. 1981-13 EXTENSION 80-2, entitled A RESOLUTION OF INTENTION TO MAKE CHANGES AND MODI- ASSESSMENT FICATIONS, BROADWAY EXTENSION ASSESSMENT DISTRICT (hearing DISTRICT on this will be February 17, 1981). Mrs. Cannon seconded. (CONTINUED) Carried by vote of three ayes. Mr. Ferrito and Mr. Ventura voting no. Mrs. Rasmussen moved Council authorize Treasurer to negotiate for sale of bonds and report to Council on February 17, 1981. Mr. Siemens seconded. Unanimously carried. REASSESSMENT Discussion was held on possible changes in the smoking ordi- SMOKING nance in relation to the Neighborhood Center. Jill Cody, ORDINANCE Director of Community Programs, stated there are provisions for smoking in the back lobby of the Center, so people do not have to go outside to smoke. Necessary signs are posted and people have been made aware of the availability of smoking in the back lobby. On consensus motion, Mr. Ventura moved to propose an amendment to the smoking ordinance under Section 17-6 (b), first sentence, to read "Smoking is prohibited during public meetings except in specific seats designated for smoking and in lobbies". Mrs. Rasmussen seconded. Motion fails. Mr. Siemens, Mrs. Cannon, and Mayor Ferrito voting no. SENATE BILL 33 Mayor Ferrito referred to letter from the Bay Area Air RE: CLEAN AIR Quality Management District re SB 33 (inspection and Main- ACT tenance on Motor Vehicles), requesting Councills support for SB 33 by adopting a Resolution. Mrs. Rasmussen moved for adoption of Resolution No. 1981-14 entitled A RESOLUTION SUPPORTING THE PROPOSED INSPECTION/MAINTENANCE PROGRAM AS ESTABLISHED IN SB 33. Mr. Siemens seconded. Unanimously carried. PARK COMMISSION Shannon Shigemoto, student Park Commissioner in 1980, STUDENT stated interviews had been held by the Interviewing Committee, APPOINTMENTS and recommends appointments of Michael A. Gallagher and Pamela Sue Milstein as 1981 student Park Commissioners. Mrs. Rasmussen moved to accept Park Commission's recom- mendation, and appoint Michael A. Gallagher and Pamela Sue Milstein. Mr. Siemens seconded. Unanimously carried. COMMUNITY SER- Mayor Ferrito stated there are three vacancies on the Community VICES AND Services and Development Commission, and it is appropriate DEVELOPMENT to call for applications. Mrs. Cannon moved Clerk be author- COMMISSION ized to Notice the three vacancies in the newspaper, and call VACANCIES for applicants. Mrs. Rasmussen seconded. Unanimously carried. COUNCIL The date set for the Council training session will be TRAINING SESSION March 4, 1981, at 4:00 p.m. Also wish to note there is a joint Park Commission/Council meeting to be held on February 23, 1981, at 7:00 p.m. SURMONT DRIVE Mr. Van Houten, Public Works Director, spoke to Council on DRAINAGE complaints received from abutting property owners to PROBLEM Mr. Cosentino, and is recommending that Mr. Cosentino construct a lined ditch, or a redwood header board, to permanently establish positive drainage along the northerly property line into an existing storm drain at the northeast corner of his property. Albert Krysik, 159 Westhill Drive, spoke on damages to his property caused by the drainage problem, and presented a letter from Mr. Costouros, 163 Westhill Drive, who was also complaining of the drainage problems. Mr. Ed McCall also spoke on the problem. Mr. Cosentino stated he had built the necessary ditches that will take care of run off, and feels no further drainage is necessary. After further discussion, Mr. Ventura moved Mr. Cosentino comply with the engineer's request. Mr. Siemens seconded. Unanimously carried. - 4 - 442 January 19, 1981 Los Gatos, California WEST VALLEY Manager David Mora stated Police Department has been unable FILMING to contact representatives from West Valley College concerning REQUEST the proposed filming to take place on January 25, 1981. If staff is unsuccessful in contacting these individuals, then staff will withhold approval for the filming. KNOWLES DRIVE Mr. Van Houten, Director of Public Works, spoke on his report ASSESSMENT and stated the 6ngineer's report for the Knowles Drive DISTRICT Assessment District is near completion and is scheduled for presentation to the Council on February 2, 1981. MEDFLY Mr. Ventura moved Council accept staff report and approve a PROGRAM supplemental appropriation of $2,000 from the General Fund to Parks Department, Account 539, in order to pay expendi- tures on this program. (Separate accounting will be kept for later reimbursement by the State.,) Council will inform Senator Alquist and Assemblyman Konnyu that Town fully supports legislation to be introduced by Senator O'Keefe and Assembly- man Cortese to reimburse local government efforts in the eradication of the fruit fly. Mr. Siemens seconded. Unanimously carried. REPEALING Town Manager referred to Section 2-16 of the Town Code re SECTION 2-16 the requirement of a corporate surety bond for the Town TOWN CODE Manager. Mr. Mora stated that the Town Manager is not author- ized to sign checks or warrants for the Town, so a corporate surety bond is not necessary, and recommends that Section 2-16 be repealed. Mr. Ventura moved reading be waived for AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING CHAPTER 2, ARTICLE If OF THE TOWN CODE TO REPEAL SECTION 2-16 THEREOF. Mr. Siemens seconded. Unanimously carried. Mr. Ventura moved ordinance be introduced. Mr. Siemens seconded. Unanimously carried. Council adjourned to executive session at 11:10 p.m. Meeting reconvened at 11:35 P.m. TOWN ATTORNEY Mr. Ventura moved for adoption of Resolution No. 1981-15 CONTRACT WITH entitled RESOLUTION APPROVING EMPLOYMENT AGREEMENT BETWEEN TOWN OF LOS GATOS TOWN OF LOS GATOS AND WALTER V. HAYS OF HERRICK, LUNDGREN, HAYS, SHAFFER & LANCEFIELD, A LEGAL ASSOCIATION. Mr. Siemens, seconded. Unanimously carried. OTHER BUSINESS Mr. Ventura asked for Council permission to work with the Police Department in conjunction with the Chamber of Commerce to see if it is possible to get some sort of program to work with the merchants and try to curb the alarming rise in robberies in the community. If there are no objections, he stated, he would follow up on this. Mrs. Rasmussen asked Council to direct staff to check on Sunnyvale's rental only zone and see what legal problems they have had, and also to check on the Santa Barbara density bonus incentive program. She would like to know how that program (for apartment rental zoning) is working and what it involves. She stated that she would also like the Manager to research whether a ceiling could be placed on candidates' spending on elections. Mr. Siemens stated that a report on the Guadalupe Corridor 85 would be sent to Council for review next month. He also stated he had met with Mr. Ventura and other citizens regarding the issue of locating a bus depot, and the possibility of locating it on Town property. He has discussed this with Staff at County Transportation, and they say there is money available for funding when you are integrating public and private transportation. Mr. Siemens will pursue this further. - 5 - 443 January 19, 1981 Los Gatos, California ADJOURNMENT Mr. Ventura moved meeting be adjourned at 11:45 p.m. Mr. Siemens seconded. Unanimously carried. ATTEST: Rose E. Aldag Town Clerk