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M 06-21-82TOWN COUNCIL MEETING JUNE 21, 1982 TOWN COUNCIL The Town Council of Los Gatos met in the Council Chambers of the Town Hall at 7:30 p.m., in regular session. ROLL CALL PRESENT: Ruth Cannon, Thomas J. Ferrito, Marlyn J. Rasmussen, and Mayor Peter W. Siemens. ABSENT: Brent N. Ventura PLEDGE OF ALLEGIANCE Given by all in attendance. EXECUTIVE SESSION Mayor Siemens reported on the June 7th, Executive Session as follows: Discussed Litigation of Hampton vs. Town of Los Gatos and approved settlement: Mayor Siemens reported on the June 14th, Executive Session as follows: Discussed labor relations. Mayor Siemens reported on the June 21st, Executive Session as follows: Discussed labor relations and personnel matter Settlement of Cosentino lawsuit Pedro litigation Novitiate litigation EXTRA AGENDA ITEMS It was consensus of Council to add the following ex-agenda items: 13A. 81-82 Appropriations 30A. Resolution establishing community events 30B. Resolution establishing 82-83 Appropriation limits. 15C. Bondelie letter re Town Retirement Plan 3F. Letter from Mrs. Hamm re Ditto's Lane 3G. Eric Carlson leave of absence from Planning in month of June BID AWARD BIKE RACKS CENTRAL DIST. Mrs. Cannon moved to accept staff recommendation and award the contract for the work to the low bidder, Carl Bumpass, in the amount of $11,448.65 and authorize the Mayor to sign the contract on behalf of the Town. Direct staff to prepare a change order to include the scope of the project to meet the allotted funds and transfer $9,200.00, from the General Fund (to be reimbursed by TDA Funds) to cover installation and contingencies. Mrs. Rasmussen seconded. Unanimously carried. BID AWARD POLICE MOTORCYCLE Mrs. Cannon moved to accept staff recommendation and award the bid for the purchase of a new 1982 or 1983 Motorcycle for Police Traffic patrol use to Grand Prix Kawasaki in the amount of $6,310.13. Mrs. Rasmussen seconded. Unanimously carried. WRITTEN COMMUNICATIONS (REFERRAL/FILE) a. Letter from Andrea Macer, regarding Pollard and More intersection. Mrs. Rasmussen moved to refer to staff for report on July 6, 1982. Mrs. Cannon seconded. Unanimously carried. b. Letter from Fred A. Wilson, Pastor of the Calvary Baptist Church, stating they would not be holding their concert in Oak Meadow Park on September 4, 1982. Note and file. c. Letter from O.L. Johns, Mrs. Rasmussen moved to refer this to the Town Attorney for report on records item and item on bus stop to be filed. Mrs. Cannon seconded. Unanimously carried. d. PG&E application no. 82-06-08 requesting rate decreases. Note and file. e. Letter from Pacific Telephone regarding rate adjustments. It was noted Pacific Telephone Co. does serve only a small portion of the Town. Note and file. f. Letter from Ms. Hamm regarding complaint on heavy use of road in front of her property and of dirt being dumped on her property. Director of Public Works to review. g. Letter from Eric Carlson, Planning Commissioner, requesting leave of absence from three Planning Commission meetings forth coming in June, 1982. Mrs. Rasmussen moved request be granted. Mrs. Cannon seconded. Unanimously carried. COMMENDATION RICHARD GAINES Mrs. Rasmussen moved for adoption of Resolution No. 1982-116, entitled, A RESOLUTION COMMENDING RICHARD S. GAINES, (for service as Planning Commissioner). Mrs. Cannon seconded. Unanimously carried. TOWN RETIREMENT AUDIT SUPPLEMENTAL APPROPRIATION Mrs. Rasmussen approved the transfer of $2,800 from the General Fund Appropriated contingency to General Town Administration for the Town Retirement Plan Audit. Mrs. Cannon seconded. Unanimously carried. TOWN RETIREMENT AUDIT Mrs. Rasmussen moved to accept the Town Retirement Plan Audit. Mrs. Cannon seconded. Unanimously carried. COUNTY REFERRALS Mrs. Rasmussen moved to accept staff recommendation on the following: 1671-27-43-82B Brush Road J.M.L. const. Single family dwelling no comment. 1374-30-52-81B-81P 16400 Englewood Avenue Beadle Appeal of County Planning Commission decision filed June 10, 1982. Mrs. Cannon seconded. Unanimously carried. MUNICIPAL COURT FUNDS Mrs. Rasmussen moved to adopt Resolution No. 1982-117 entitled, A RESOLUTION APPROVING AMENDMENT TO AGREEMENT BETWEEN TOWN OF LOS GATOS AND COUNTY OF SANTA CLARA RE DISTRIBUTION OF COURT-ORDERED ACCOUNTS RECEIVABLE. Mrs. Cannon seconded. Unanimously carried. LAND & WATER CONSERVATION GRANT NOVITIATE PARK Mrs. Rasmussen moved to adopt Resolution No. 1982-118 entitled, A RESOLUTION APPROVING AMENDMENT TO PROJECT AGREEMENT BETWEEN TOWN OF LOS GATOS AND MIDPENINSULA REGIONAL OPEN SPACE DISTRICT RELATED TO LOS GATOS CREEK PARK ACQUISITION NO. 06-00773.2. Mrs. Cannon seconded. Unanimously carried. SET PUBLIC HEARING-FEE SCHEDULES Mrs. Rasmussen moved to set a public hearing for July 6, 1982, to consider and adopt revised fee schedules for various services. Mrs. Cannon seconded. Unanimously carried. SPEED LIMIT SIGNS-TAIT Mrs. Rasmussen moved to direct staff to post 25mph signs on Tait Avenue at Saratoga Avenue and on Tait Avenue at Bean Avenue. Mrs. Cannon seconded. Unanimously carried. ANNUAL STREET REPORT-STATE Mrs. Rasmussen moved to adopt Resolution No. 1982-119 entitled, A RESOLUTION APPROVING CONTRACT BETWEEN THE TOWN OF LOS GATOS AND THE OFFICE OF THE STATE CONTROLLER FOR SERVICES TO PREPARE THE ANNUAL STREET AND ROAD REPORT. Mrs. Cannon seconded. Unanimously carried. LEASE AGREEMENT NEIGHBORHOOD CENTER TENANTS FISCAL YEAR 1982-83 Mrs. Rasmussen moved to adopt Resolution No. 1982-126 entitled, A RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO NEGOTIATE AND EXECUTE LEASE AGREEMENTS WITH NEIGHBORHOOD CENTER TENANTS FOR FISCAL YEAR 1982-83. Mrs. Cannon seconded. Unanimously carried. MINUTES Mrs. Cannon moved to adopt the minutes of May 17, 1982. Mr. Siemens seconded. Carried by a vote of three ayes. Mrs. Rasmussen abstained. Mrs. Rasmussen moved to adopt minutes of June 7, 1982. Mrs. Cannon seconded. Unanimously carried. COMMUNICATIONS (FOR ACTION) a. Mrs. Rasmussen moved to approve the Chamber Commerce's request for Summer Sidewalk Sales Days on July 16 and 17, 1982, with the exception of Town Plaza use on Friday the 16th (no cost will be incurred by the Police or Parks Departments) Mrs. Cannon seconded. Unanimously carried. b. Letter from the Los Gatos Christian Church requesting permission to use a public address system for their outdoor events scheduled between 5:00p.m. and 7:00p.m. on July 4, 1982 and again on October 3, 1982. Mrs. Rasmussen moved to approve the request provided all provisions of section 11.20.060 of the Los Gatos Noise Ordinance are met. Mrs. Cannon seconded. Unanimously carried. c. Letter from Mr. Bondelie, Chairman of the Los Gator Retirement Board, requesting authorization for the expenditure of the sum of $2,600.00, for American Bank and Trust as Trustees to set up individual accounts for the employees in the Los Gatos Retirement Plan. Mrs. Cannon moved this be referred back to the Retirement Board and ask the Board to review the Audit and reconsider their recommendation in light of the Audit and report to Council. Mrs. Rasmussen seconded. Unanimously carried. EXPENDITURE & REVIEW REPORT FOR MAY The Revenue and Expenditure report for the month of May, 1982, from the Office of Town Clerk is to be noted and filed. TREASURER'S MONTHLY REPORT The Treasurer's report for the month of May, 1982, from the Offices of Town Treasurer. Mrs. Cannon moved to accept report. Mrs. Rasmussen seconded. Unanimously carried. APPEAL-AU HARWOOD ROAD Mayor Siemens stated this was the time and place duly noted for continued public hearing to consider the appeal of Planning Commission's denial of Atchitecture and Site Application S-81-74, requesting approval to construct a single family residence in the HR-21/2 Zone. Lee Bowman, Planning Director, stated the reasons for denial of request was that the house was extremely large and requires excessive grading. Bob Saxe, representing Mr. & Mrs. Au, spoke in favor of appeal. Speaking on natural drainage system and gradual slope of the lot and could not see any problems which would result from grading. He stated also that all objections of Planning had been covered. Mr. Van Houten stated he had reviewed new plans and stated his objections. Mr. K. Fisher, Engineer of project, also spoke. With no one else wishing to speak on this issue, Mrs. Rasmussen moved hearing be closed. Mr. Ferrito seconded. Unanimously carried. After further discussion, Mrs. Rasmussen moved to deny the appeal and uphold the Planning Commission's decision as stated in their denial. Council to make findings that project does not meet hillside standards as building and driveway are to big for location and this would create landslide problems. Mr. Ferrito seconded. Unanimously carried. The Town Attorney to draft a Resolution denying said project and present to Council for approval at the meeting of July 6, 1982. RECESS Mayor Siemens declared a recess. Meeting reconvened at 9:25 p.m. REGULATION OF PUSHCARTS Mayor Siemens stated this was the time and place duly noted for continued hearing regarding regulations of pushcart vendors on downtown street. Sam Yablonsky spoke against having such vendors, stating there were carts on the street that were not licensed. Also stated the vendors were dumping refuse in the street. Mayor Siemens referred to a letter from the Chamber of Commerce regarding the pushcart vendors. Irvin Zide, owner of pushcart Anything 'Bagels, presented Clerk with copy of his liability insurance certificate plus health certificate to show the Town that he has all necessary clearances to operate his pushcart. Jerry Falk, partner of Anything 'n Bagels, stated he had not with Sue LaForge of the Chamber of Commerce but was not allowed to attend the Chamber's meeting because he was not a member. Judy Howell, member of the Chamber, stated that was true, the Chamber only represents their members. Also speaking on this issue was Harry Cohen and Lois Chapson. After further discussion, Mrs. Rasmussen moved to continue this hearing to August 2, 1982, this would allow the Chamber of Commerce to further study this issue. Mrs. Cannon seconded. Unanimously carried. VERBAL COMMUNICATIONS Robert Flint, 621 Vasona Court, requesting a sound barrier fence be installed to protect his property and his privacy. In the construction of Knowles Drive this problem arose and he would like something done. Mrs. Cannon moved this be referred to Town Engineer and direct him to meet with homeowner's in the area and prepare staff report to Council on this issue. Mrs. Rasmussen seconded. Unanimously carried. Christine Ciraulo temporary part time employee at the Neighborhood Center, requested reclassification of her position so she could receive health and other benefits from the Town. Marilyn Dilles and Elaine Long, Library employees, spoke in favor of this request. Mr. Ferrito moved to refer this to staff for report on pre-professional class as opposed to entry level positions. Mrs. Cannon seconded. Unanimously carried. Bill Norman, 14228 Capri Drive, wished to invite Council members on a field trip to inspect widening of Winchester Boulevard in front of his business. Council members stated they were all aware of this area. Mr. Van Houten explained the procedures of this project and stated they were in process of getting appraisal on property and will be developing rt-o-wy contracts for property owners. Lois Chapson, reported on the new Magoo's Pizzeria at 324 N. Santa Cruz Avenue, stating the business is operating without necessary use permit. The Planning Director stated the owners have been notified and only have a certain amount of days to take care of this. APPEAL-9 UNIT CONDO-749 POLLARD ROAD Mayor Siemens stated this was the time and place duly published for public hearing to consider the appeal of construction of 9 condo units at 749 Pollard Road. Mr. Hildebrand, Attorney representing Texera Construction Company (the appellants), spoke on the substantial construction that has taken place on the property and of technical difficulties that the appellant was not aware of. Such as time limits placed on issuance of permits, (it was noted that nor Planning notifies all applicants of this time limit). Mr. Hildebrand then asked Council to consider waiving the condition of one year time limit and requested time extension. Mr. Ferrito questioned the possibility of requiring BMP units in this subdivision. It was noted it was not feasible. Mr. Ed O'Farriel spoke on the design of the project. No one else wished to speak on this issue, Mr. Siemens declared the public hearing be closed. After further discussion, Mrs. Cannon moved to grant appeal as Planning Commission erred in not considering how much work had been done at developer's expense; had received previous approval and is a quality project. Motion also includes conditions recommended by the DRC as stated in April 13th minutes. Mrs. Rasmussen seconded. Mr. Ferrito moved to amend the motion to include findings that Planning Commission lacked the discretion to deny the applications on the basis of solar grounds, i.e. changing the orientation of the buildings. Mrs. Cannon accepted the amendment to the motion and Mrs. Rasmussen seconded. Motion carried unanimously. The Town Attorney to prepare Resolution and present at the meeting of July 6, 1982. CRUISING AB-2579 Council accept informational report. DEFINITION "RETAIL" & "OFFICE" Mrs. Cannon moved to adopt Ordinance No. 1538 entitled, ORDINANCE DEFINING "RETAIL"AND "OFFICE" AS USED IN TABLE 33-A OF THE UNIFORM BUILDING CODE. Mayor Siemens seconded. Unanimously carried. LEGAL ADVOCACY Mrs. Rasmussen moved to accept staff recommendation for amicus participation, on a no-cost basis, in Gonzales v. City of San Diego. Mrs. Cannon seconded. Unanimously carried. CLAIM-WORTH Mrs. Rasmussen moved to accept staff recommendation and deny claim for damages filed against the Town by Arthue A. Worth. Mrs. Cannon seconded. Carried by a vote of three ayes. Mr. Ferrito abstained. ELECTION DATE CHANGE Mr. Ferrito moved to waive reading of ORDINANCE ADDING SECTION 2-3.4 TO THE TOWN CODE CHANGING THE DATE OF GENERAL MUNICIPAL ELECTIONS TO THE DAY OF THE STATEWIDE GENERAL ELECTION. Mrs. Cannon seconded. Unanimously carried. Clerk read title. Mr. Ferrito moved Ordinance be introduced. Mrs. Cannon seconded. Unanimously carried. RENTAL MEDIATION ORDINANCE Mr. Ferrito moved to adopt Ordinance No. 1539 entitled, ORDINANCE AMENDING CHAPTER 24 OF THE TOWN CODE TO (1) ALLOW TERMINATION OF AUTOMATIC STAY; (2) DELETE THE PROVISION ALLOWING COSTS TO BE AWARDED; (3) ATTACH CONDITIONS TO ALLOWANCE OF DEBT SERVICE COSTS; AND (4) REQUIRE LANDLORDS TO NOTIFY TENANTS OF THEIR RIGHTS TO PETITION. Mrs. Rasmussen seconded. Unanimously carried. TRAFFIC BARRIERS Mr. Ferrito moved to direct staff to write to Assemblyman Konnyu and ask him to introduce some legislation to relieve us from this situation and copy of letter be sent to League of California Cities. Mrs. Cannon seconded. Unanimously carried. POLICE ALARM ORDINANCE Mr. Ferrito moved reading be waived for ORDINANCE OF THE TOWN OF LOS GATOS ADDING CHAPTER 34 TO THE TOWN CODE PROVIDING FOR REGULATION OF POLICE ALARMS AND IMPOSING A SERVICE CHARGE FOR THE CAUSING OF MORE THAN FOUR FALSE ALARMS IN A SIX-MONTH PERIOD. Mrs. Cannon seconded. Unanimously carried. Clerk read title. Mrs. Cannon moved ordinance be introduced. Mrs. Rasmussen seconded. Unanimously carried. READOPTION-TOWN ZONING MAPS Mrs. Rasmussen moved to adopt Ordinance No. 1540 entitled, AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONING ORDINANCE EFFECTING ZONE CHANGE NO 58 READOPTING THE ZONING MAPS. Mrs. Cannon seconded. Carried by a vote of three ayes. Mr. Ferrito voting no. TREASURER'S MILEAGE EXPENSE Mrs. Rasmussen moved to grant Town Treasurer, James A. Stoops, $75.00, a month for mileage expenses. Mrs. Cannon seconded. Unanimously carried. TOWN BUDGET FY 82-83 Mrs. Cannon moved to adopt Resolution No. 1982-120 entitled, A RESOLUTION ADOPTING BUDGET FOR FISCAL YEAR 1982-83. Mr. Siemens seconded. Unanimously carried. Mrs. Rasmussen and Mrs. Cannon spoke of their concerns of the Attorney's budget. COMMUNITY EVENTS It was consensus of Council this be referred back to staff for report at the next meeting on the possibility of these costs being phased in. FY 1982-83 APPROPRIATIONS LIMIT Mrs. Rasmussen moved Resolution No. 1982-121 entitled, A RESOLUTION SETTING THE FY 1982-83 APPROPRIATIONS LIMIT FOR REVENUE GENERATED FROM "PROCEEDS OF TAXES" PURSUANT TO ARTICLE X111(B) OF THE STATE CONSTITUTION. Mrs. Cannon seconded. Unanimously carried. POSITION & SALARY CONTROL Mrs. Rasmussen moved to adopt Resolution No. 1982-122 entitled, A RESOLUTION ADOPTING SCHEDULES OF AUTHORIZED POSITIONS AND SALARIES FOR FISCAL YEAR 1982-83. Mayor Siemens seconded. Carried by a vote of three ayes. Mr. Ferrito voting no. Alan Lazure spoke in opposition to his classification in which he was down graded and gave his reason for disagreeing with recommendation. Renata Bruck asked that her job description be looked into. Bob Yamamoto also asked for reevaluation of his position. MANAGEMENT COMPENSATION PLAN Mrs. Cannon moved to adopt Resolution No. 1982-123 entitled, A RESOLUTION REPEALING RESOLUTION 1982-146 AND APPROVING REVISED MANAGEMENT PERFORMANCE AND COMPENSATION PLAN FOR THE TOWN OF LOS GATOS. Mrs. Rasmussen seconded as amended. Carried by a vote of three ayes. Mr. Ferrito voting no. MOU-POLICE OFFICERS ASSOCIATION Mr. Ferrito moved to adopt Resolution No. 1982-124 entitled, A RESOLUTION APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE TOWN OF LOS GATOS AND POLICE OFFICERS' ASSOCIATION. Mrs. Cannon seconded. Unanimously carried. MOU-TOWN EMPLOYEES ASSOCIATION Mrs. Rasmussen moved to adopt Resolution No. 1982-125 entitled, A RESOLUTION APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE TOWN OF LOS GATOS AND THE TOWN EMPLOYEES ASSOCIATION. Mr. Ferrito seconded. Unanimously carried. Norm Ploss, T.E.A. President, thanked Council for their consideration and introduced other T.E.A. officers. SCHEDULE PUBLIC HEARINGS Council informational report. CLOSURE-MEDIAN ON LOS GATOS BOULEVARD Mrs. Rasmussen moved to accept staff report and take the following action: 1. Allow the existing median opening on Los Gatos Boulevard at Moore Buick and New Town to remain; 2. Direct staff to install a "Right Turn Only" sign at the southerly exit of New Town; And 3. Direct staff to request New Town to paint right turn arrow and "Only" pavement messages at the southerly exit of New Town. Mrs. Cannon seconded. Unanimously carried. LIBRARY - RESTROOM MODIFICATION Mrs. Cannon moved to accept staff report and not authorize modifications for wheelchair access of the library restrooms on the lower floor. Mrs. Rasmussen seconded. Unanimously carried. COUNTY RE ELECTED OFFICIALS Mrs. Rasmussen moved Mayor send communication supporting Sunnyvale Councilmember Mercer regarding elected officials interference with the County Administration. Mayor Siemens seconded. Unanimously carried. ALL-NIGHT LAUNDROMAT Report received by Council. Note and file. ADJOURNMENT Mayor Siemens declared the meeting be adjourned at 12:05 a.m., to Executive Session. Meeting will not reconvene and Mayor will report on the closed session at the next meeting.