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M 02-16-82TOWN COUNCIL MINUTES FEBRUARY 16, 1982 TOWN COUNCIL The Town Council of the Town of Los Gatos met in the Council Chambers of the Town Hall at 7:45 p.m., in regular session. ROLL CALL PRESENT: Ruth Cannon, Thomas J. Ferrito, Brent N. Ventura and Mayor Peter W. Siemens. ABSENT: Marlyn J. Rasmussen. PLEDGE OF ALLEGIANCE Given by all in attendance. REPORT ON EXECUTIVE REPORT Mayor Siemens reported on the Executive Session held after the Council meeting of February 8 1982. Stating they had conducted an informal mid-year performance evaluation of the Town Manager. No formal action was taken. Mayor Siemens stated Council had held an Executive Session prior the this Council meeting at which time they discussed the possible Rugani litigation and authorized the Town Attorney to send a letter to Gene Rugani relating to the Council's position on his apparent non-conforming use. Vote on this issue was unanimous. Mrs. Rasmussen was absent. Discussed status of Pedro's lawsuit, took no final action; and discussed a personnel matter. ADDITIONS TO AGENDA Mayor Siemens requested the addition of item 23a, regarding definition of retail offices. Mr. Ventura moved item be added to agenda. Mr. Siemens seconded. Unanimously carried. Mr. Ventura moved for addition of item 29, regarding pending legislation on hunting of mountain lions. Mr. Ferrito seconded. Unanimously carried. REQUEST FOR CONTINUANCE OF MEDIATION AMENDMENTS The Assistant Town Manager, Nadine Levin, stated Mrs. Rasmussen is absence from the meeting due to illness and requests that agenda items relating to amendments to the Mediation Ordinance be continued to March 1, 1982 meeting. Mrs. Cannon request for continuance be granted. Mr. Ferrito seconded. Unanimously carried. Mr. Ferrito moved for continuance to March 15, 1982 meeting, due to three public hearings already scheduled for March 1, 1982. Mrs. Cannon seconded. Unanimously carried. Mr. Ferrito moved Council request a report from the Town Attorney concerning the issue of whether the Town Ordinance needs amendment regarding the subject of pass-through of interest charged on an unsecured loan on rental property that is sold. This report is to be to Council at the meeting of March 1, 1982. Mr. Siemens seconded. Carried by a vote of three ayes. Mr. Ventura abstained and Mrs. Rasmussen was absent. After further discussion, it was consensus of Council to direct the Town Clerk to set a public hearing on matters regarding amendment to the Mediation Ordinance for March 15, 1982. So ordered. BID AWARD ON WHEELCHAIR RAMPS PHASE 11 The Assistant Town Manager spoke on the report regarding award of contract for this project. Mr. Lewis, from the audience, stated this would only take care of the first three items on the priority list of proposed handicapped access curb cuts and he would like to see it at least take care of two additional curb cuts mid-block on N. Santa Cruz Avenue, north of Saratoga Avenue at Magoo's Pizza. Discussion was held on additional cost of the extra curb cuts. Mrs. Cannon moved these be considered at budget time along with other requests. Mr. Ventura seconded. Unanimously carried. Mr. Ventura moved Council award the contract for the Wheel Chair Ramps Phase 11 to James Griffiths, Inc. in the amount of $8,900.00; authorize the Mayor to sign the contract on behalf of the Town; authorize staff to issue a change order for $4,250.00 to install 8 additional handicap ramps and 4 additional traffic island modifications; appropriate $14,200.00 from HCDA funds to cover construction costs, plus contingencies and include 2 additional curb cuts in mid-block of N. Santa Cruz Avenue north of Saratoga Avenue at Alpha Beta and Magoo's. Mr. Ferrito seconded. Unanimously carried. COMMUNICATIONS a. Letter from O.L. Johns re complaint regarding bus stop in front of his business at 151 N. Santa Cruz Avenue. Mr. Ventura moved letter be referred to the Town Attorney for response. Mrs. Cannon seconded. Unanimously carried. b. Letter from United Veterans Council regarding Council and citizens co-sponsoring the Memorial Day and/or Veterans Day parades. Mr. Ventura moved this correspondence be filed and advised United Veterans Council of Town's General Revenue Sharing and Community Events funding process. Mrs. Cannon seconded. Unanimously carried. c. Letter from Susan and Richard Knight, requesting Council to approve the issuance of parking permits to allow for long term parking in the Victory and Main Street parking lot. Mr. Ventura moved this be filed for Council consideration during discussion of the Downtown Specific Plan. Mrs. Cannon seconded. Unanimously carried. d. Letter from San Mateo Mayor Donna Richardson, regarding 1981 California reapportionment plan, Proposed Senate District 11. Mr. Ventura moved this be referred to the Town Attorney for response. Mrs. Cannon seconded. Unanimously carried. e. Letter from Independent Cities Ass'n of Los Angeles County requesting Council to support the passage of Senate Constitutional Amendment 7 (SCA 7). Mr. Ventura moved this letter be referred to the Town Attorney for recommendation. Mrs. Cannon seconded. Unanimously carried. RESOLUTIONS OF COMMENDATION Mr. Ventura moved for adoption of Resolution No. 1982-46 entitled, A RESOLUTION COMMENDING TERRENCE J. DAILY, (Mr. Daily served as a member of the Youth Advisory Commission). Mrs. Cannon seconded. Unanimously carried. Mr. Ventura moved for adoption of Resolution No. 1982-47 entitled, A RESOLUTION COMMENDING CHIEF GORDON C. PAYNE. (Chief Payne is retiring from Central Fire District). Mrs. Cannon seconded. Unanimously carried. CAL ENERGY COMMISSION Mr. Ventura moved to accept staff recommendation and refer the model ordinance to the Planning Commission Energy Committee for consideration in conjunction with the Energy Element. Mrs. Cannon seconded. Unanimously carried. COUNTY REFERRALS Discussion was held on the County Referrals of the status of 312-26-47-81P Black Road Marcum (Tandum Computers) Educational Retreat. It was stated the Town had sent a letter to the Board of Supervisors, stating the Town's concerns. It was consensus of Council to approve the County Referrals. AGREEMENT DATACOM SYSTEMS Mr. Ventura moved for adoption of Resolution No. 1982-48 entitled, A RESOLUTION APPROVING AN AGREEMENT WITH DATACOM SYSTEMS CORPORATION FOR PROCESSING DELINQUENT PARKING CITATIONS. Mrs. Cannon seconded. Unanimously carried. LOS GATOS MEDICAL PARK STORM DRAIN EASEMENT Mr. Ventura moved to accept staff recommendation and adopt Resolution No. 1982-49 entitled, ORDER VACATING A PORTION OF PUBLIC STORM DRAIN EASEMENT WITHIN THE LANDS OF THE LOS GATOS MEDICAL PARK-LOCATED ON POLLARD ROAD. Mrs. Cannon seconded. Unanimously carried. TRACT 6878-REVISED FINAL MAP Mr. Ventura moved to accept staff recommendation and adopt Resolution No. 1982-50 entitled, RESOLUTION APPROVING AND ACCEPTING FINAL AMENDED MAP (REVISED) OF TRACT NO. 6878. Mrs. Cannon seconded. Unanimously carried. BELOW MARKET PRICE PROGRAM Discussion was held as to the need for modification of Resolution on particular project regarding on-site/off site improvements, landscaping, recreational facilities and whether those should be added to project cost or to individual unit cost. These had been discussed at a previous meeting. After further discussion, Mrs. Cannon moved for the adoption of Resolution No. 1982-51 entitled, TOWN COUNCIL RESOLUTION SPECIFYING RULES, PROCEDURES AND CRITERIA FOR THE TOWN'S BELOW MARKET PRICE PROGRAM. Motion to also include that this be referred back to staff for further study on modifications as discussed above. Mr. Ventura seconded. Unanimously carried. ARBOR DAY Mr. Ventura moved for adoption of Resolution No. 1982-52 entitled, A RESOLUTION PROCLAIMING MARCH 7TH-ARBOR DAY. Mrs. Cannon seconded. Unanimously carried. COUNCIL HEARING SCHEDULE Informational schedule for Council members. PARKING PERMITS FOR PARKING DISTRICT #1 PARKING LOT Susan Knight, from audience, asked to speak on her request regarding parking permits being issued for Parking District No. 1 parking lot. Mayor Siemens explained that the parking lot in question is for patrons of stores and employees should park elsewhere and pointed out the 3 Town parking lots that have not time limits in which employees could park all day. MINUTES Mr. Ventura moved minutes of Council meetings February 1 and February 8, 1982 be approved as submitted. Mrs. Cannon seconded. Unanimously carried. REVENUE AND EXPENDITURES REPORT Informational-Council received and no action taken. COMMUNICATIONS a. Letter from Jean Boyden resigning from the Library Board. Mr. Ventura moved Council accept resignation with regret, direct staff to prepare a Resolution of Commendation and instruct the Clerk to advertise for vacancy on the Library Board as soon as possible. Mr. Ferrito seconded. Unanimously carried. b. Letter from the Los Gatos Village Association regarding complaint of possible building violation at 15840 Los Gatos-Almaden Road. The Assistant Manager stated this report is for information to Council and the Building Inspector has inspected the premises and will return to inspect in 10 days. c. Letter from Dorothy Strong, Chairman of Los Gatos Art Association, requesting permission to use the Town Plaza for Art In The Park Events. Mr. Ferrito moved to grant request for June 12th and 13th, subject to application being reviewed by the Police Department. Mrs. Cannon seconded. Unanimously carried. d. Notices of rate adjustments from Pacific Gas & Electric Company. Mr. Ferrito moved to oppose the portion dealing with the increase for electrical rates and reiterate our previous position concerning the Diablo Canyon Nuclear System and staff provide Council with informational report as to what Pacific Gas & Electric is really asking for. Mr. Ventura seconded. Carried by a vote of three ayes. Mrs. Cannon abstained and Mrs. Rasmussen was absent. TREASURE'S REPORT FOR JANUARY, 1982 It was consensus of Council to note and file. VERBAL COMMUNICATIONS Lois Gordon, representing the Committee for Responsive Government for the Recall of Mayor Siemens and Councilman Ferrito, read a letter requesting Council to hold the election in June, 1982 and the Committee in turn would stop the recall. Mr. Ken Steffen, from audience, also spoke in favor of the election being held in June, 1982 in conjunction with the already scheduled Advisory election to be held June 8, 1982. Motion died for lack of second. Captain Robert Schuster (Los Gatos Police Department) representing the Los Gatos Kiwanis Club, stated he wished to extend an invitation to Council members to attend a luncheon on Friday (February 19, 1982) at the Los Gatos Lodge, for the community enrollment for the Town for the We-T,I.P. Program (Witness Anonymous Program). Captain Schuster explained the program to Council. CLAIM FOR DAMAGES (PAUL) Mayor Siemens questioned the procedures regarding claims for damages. The Town Attorney, Mr. Hays, explained said procedures. After some discussion, Council directed the Attorney to come up with some alternative wording so people would be aware of claim procedures and how they work. Mrs. Cannon moved claim for damages filed on behalf of Eric and Diane Paul be denied and referred to the Town insurance carrier. Mr. Ventura seconded the motion. Motion carried by 3 ayes. Mr. Ferrito had stepped out of the room, so therefore did not vote. AMENDMENTS TO MEDIATION ORDINANCE These five items were continued to March 15, 1982 Council meeting and public hearing was scheduled. HAND GUN INITIATIVE Mr. Ventura moved Council go on record to support purposes of this initiative (to require registration of all hand guns). Mr. Ferrito seconded. Unanimously carried. DEFINITION OF RETAIL & OFFICE Mrs. Cannon moved this be referred back to the Planning Commission for a report and recommendation on clear definition of "retail" and "office". Mr. Ventura seconded. Unanimously carried. OLD ORCHARD DEVELOPMENT/HARWOOD ROAD Discussion was held regarding the Old Orchard Development Co./Harwood Avenue Project. Bob McBain of Old Orchard Development Co., spoke to Council and asked that he be allowed to develop property in San Jose so that the map may be recorded and then the applicant would consent to a boundary change so that each lot would be developed according to Los Gatos regulations. Mr. McBain stated he could comply with Town staff recommendation 1,2, and 3, but item 4 regarding the extension of Begonia Drive is across two other properties not owned by him. After further discussion, Mr. Ferrito moved to instruct staff to notify San Jose That the Town of Los Gatos is ready to accept this property (through annexation) in order that the property may be developed in Los gatos. Mrs. Cannon seconded. Unanimously carried. CRIME STATISTICS FOR FISCAL YEAR 1980 AND 1981 Council questioned the high crime rate in Los Gatos compared to crime rate in surrounding communities. Chief Johnson explained the different reporting of crimes and the Town's high rate comes partially from the many parks that are in Los Gatos and very popular. Susan Knight, from audience, spoke regarding Police foot patrol as opposed to car patrol. It was consensus of Council to accept this informational report and stated they appreciate the accurate reporting. REGULATION HEIGHT OF FENCES & WALLS The Director of Public Works spoke on his report regarding regulating of the height of fences, walls, hedges and shrubs near intersections. After some discussion, Mr. Ventura moved reading be waived for ORDINANCE OF THE TOWN OF LOS GATOS REGULATING THE HEIGHT OF FENCES, WALLS, HEDGES AND SHRUBS NEAR INTERSECTIONS. Mrs. Cannon seconded. Unanimously carried. Clerk read title. Mrs. Cannon moved for introduction of Ordinance. Mr. Ventura seconded. Unanimously carried. BID AWARD FOR SIGNALIZATION N. SANTA CRUZ AND ANDREWS Mr. Roger Donnelly, 422 San Benito Avenue, spoke in opposition of proposed installation, stating he and the neighbors in the area feel the installation of a traffic signal would generate more traffic through the residential area. He urged Council to look for other possible diversions before installing signals. After further discussion, Mr. Ventura moved no action be taken at this time as this will be discussed at the hearing of the Downtown Specific Plan. Mr. Ferrito seconded. Carried by a vote of three ayes. Mrs. Cannon voting no. SPRING BALLET The Assistant Town Manager, referred to a letter from the Cultural Resources Commission regarding the Spring Ballet for Children which they had requested to hold at the West Valley College Theatre and the Town objected. The Cultural Resources Commission states now they have obtained Fisher School for said performance and wants assurance from Council that the $1,000.00, already in the Cultural Commission's budget, will be paid to the San Jose Dance Theatre for this performance. Mr. Ventura moved that the money is available with the holding of the ballet in the Town. Mrs. Cannon seconded. Unanimously carried. ST PATRICK'S - DAY SHOOTER SCOOTER REQUEST Mr. Chris Benson, 206 Loma Alta Avenue, informed Council of plans for the annual Shooter-Scooter relay race to be held on St. Patrick's Day, in downtown Los Gatos. It was consensus of Council that this ne referred to Council sub-committee of Mrs. Rasmussen and Mr. Ferrito and they will schedule a meeting with parties involved and report to Council. BAN ON HUNTING MOUNTAIN LIONS IN THE STATE Mr. Ventura spoke on legislation regarding the ban on hunting of mountain lions throughout the State. He understands this ban is due to expire at the end of 1982 and as our town is named after these same animals, he would move that Council direct staff to send letters to Governor and Legislatures of Council's support of this bill. Mrs. Cannon seconded. Unanimously carried. ADJOURNMENT Mayor Siemens declared the meeting adjourned at 10:35 p.m.