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M 03-01-82TOWN COUNCIL MINUTES MARCH 1, 1982 TOWN COUNCIL The Town Council of the Town 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 Brent N. Ventura and Mayor Peter W. Siemens. ABSENT: None PLEDGE OF ALLEGIANCE Given by all in attendance. EXECUTIVE SESSION REPORT Mayor Siemens reported on the Executive Session held prior to the Council meeting stating the following matters were discussed: 1. Labor relations and items related to up coming negotiations. 2. Directed Attorney as to a stipulation in Novitiate litigation. Vote was 4 to 1. Mrs. Rasmussen voting no. 3. Pedro's litigation was discussed. 4. Discussed the Garcia litigation and authorized the Town Attorney to resume the case. 5. Discussed the Los Gatos Mobile Home Park litigation and authorized a draft stipulation. Unanimously carried. 6. Council denied the Howell claim. 7. Discussed the Toll House litigation, authorized the Attorney to determine the status and possible Town action to speed the decision. Vote was 3 to 2. Mrs. Cannon and Mrs. Rasmussen voting no. 8. Villa Vasona litigation was discussed and the stipulation of facts. Took no action. EXTRA AGENDA ITEM Mr. Ferrito moved to add item number 40, discussion regarding Senate Bill 33, automobile inspection and maintenance. Mr. Ventura seconded. Unanimously carried. CONSENT ITEM HELD Mrs. Rasmussen moved item 7 be held. Mr. Ventura seconded. Unanimously carried. Mayor Siemens moved to refer item 7 (approval of plans and specifications for installation of bicycle racks and bicycle lockers in the central business district) back to staff for consideration of deleting some of the bike lockers in order to obtain additional racks. Mrs. Cannon seconded. Unanimously carried. RECYCLING CENTER SERVICE Mrs. Rasmussen moved to refer Ms. Jacobson's suggestion, (re extension of the service to include a weekday), to staff for consideration in developing FY 1982-83 Recycling Center Budget. Mr. Ferrito seconded. Unanimously carried. SENIOR CITIZENS HOUSING-PARR AVENUE Mrs. Rasmussen moved to file and note that Mr. Gilbeau was provided a copy of the RFP for Senior Housing. Mr. Ferrito seconded. Unanimously carried. PUSH CARTS N. SANTA CRUZ AVE. Mrs. Rasmussen moved to file and note that the Town Attorney was requested to work with staff on the problem of push carts on N. Santa Cruz Avenue. Recommendations on ordinance amendments to govern push carts will be presented to Council no later than the meeting of April 5, 1982. Mr. Ferrito seconded. Unanimously carried. SOUTH BAY COOPERATIVE LIBRARY SYSTEM Mrs. Rasmussen moved to accept Resolution No. 1982-53 entitled, A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS MEMORIAL LIBRARY TO JOIN THE SOUTH BAY COOPERATIVE LIBRARY SYSTEM AND DESIGNATING A REPRESENTATIVE OF SAID BOARD. Mr. Ferrito seconded. Unanimously carried. Mrs. Rasmusssen moved to adopt Resolution no. 1982-54 entitled, A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AUTHORIZING THE LOS GATOS MEMORIAL LIBRARY TO PARTICIPATE IN CALIFORNIA LIBRARY SERVICES ACT. Mr. Ferrito seconded. Unanimously carried. These resolutions will complete the action necessary to join the South Bay Cooperative Library System, approved by the Town Council on January 4, 1982, by Resolution 1982-8 PARK COMMISSION VACANCY Mrs. Rasmussen moved to direct the Town Clerk to advertise the upcoming vacancy of the Town's Park Commission and set interviews for the position for the regular meeting of April 5, 1982. This is to fill the expiring term of Ardith Sams. Mr. Ferrito seconded. Unanimously carried. cOUNCIL HEARING SCHEDULE Mrs. Rasmussen moved to note and file Council hearing schedule as presented by Town Manager. Mr. Ferrito seconded. Unanimously carried. SUPPLEMENTAL APPROPRIATION GENERAL TOWN ADMINISTRATION Mrs. Rasmussen moved to approve a supplemental appropriation of $2,000.00, for General Town Administration to cover the cost of preparing a list and mailing labels for all residences in the Town and County Islands. Mr. Ferrito seconded. Unanimously carried. CLAIM DOE DAMAGES-MACLAUGHLAN & SUTTON Mrs. Rasmussen moved that claim for damages filed on behalf of Beverly J. MacLaughlin and Arthur Sutton be denied and referred to Town's insurance carrier. Mr. Ferrito seconded. Unanimously carried. CONTRACT-SANTA CLARA COUNTY KNOWLES DRIVE ASSESSMENT DISTRICT Mrs. Rasmussen moved to adopt Resolution No. 1982-55 entitled, RESOLUTION AUTHORIZING REVISED AGREEMENT WITH SANTA CLARA COUNTY (KNOWLES DRIVE ASSESSMENT DISTRICT) and authorize the Mayor to sign agreement on behalf of the Town. Mr. Ferrito seconded. Unanimously carried. PAYROLL & WARRANT DEMANDS Mrs. Rasmussen moved to approve the February, 1982 payroll in the amount of $280,586.20 and February, 1982 warrant demands in the amount of $272,734.66. Mr. Ferrito seconded. Unanimously carried. TRACT 6926 VILLA FELICE Mrs. Rasmussen moved to adopt Resolution No. 1982-56, entitled RESOLUTION APPROVING AND ACCEPTING FINAL MAP OF TRACT NO. 6926, and authorize execution of the contract for public improvements. Mr. Ferrito seconded. Unanimously carried. PLANNING REPORT For information only, Planning Departments monthly report for March. COMMUNITY SERVICES & DEVELOPMENT COMMISSION ELECTION For information only, Community Services and Development Commission's new officers. PRESENTATIONS Mayor Siemens presented Resolution of Appreciation to all members of the Town Advisory Commission. Present to accept their Resolutions were: Kathy Morgan (Chairperson), Lea F. Fry, Bob Holding (Vice-Chairperson), Judy Howell, Gene Rugani, Joanne Benjamin, Rex Burbank, Eric Carlson, Bud Christensen, Marion Cosgrove, J. D. Vanerlaan, and Mildred Voekler. MINUTES Mr. Ferrito moved minutes of Council meeting February 16, 1982, be approved as submitted. Mrs. Cannon seconded. Carried by a vote of four ayes, Mrs. Rasmussen abstaining. WRITTEN COMMUNICATIONS 1. Letter from the Chamber of Commerce requesting to conduct an outdoor Spring Antique Market, to be held May 22, 1982. Mrs. Rasmussen moved that Council approve the Chamber's request with conditions. Mr. Ventura seconded. Unanimously carried. 2. Letter received from William T. Quigley regarding his resignation from the Community Services and Development Commission. Mr. Ventura moved to accept Mr. Quigley's resignation with regret; direct staff to prepare a Resolution of Commendation; and direct the Town Clerk to advertise the vacancy on the Commission. Mr. Ferrito seconded. Unanimously carried. 3. Notices from Pacific Gas & Electric Company of rate changes. Mrs. Rasmussen moved the Council oppose Application No. 82-02-10, on basic principals not necessary in disagreement with Diablo, for rate increases and that Council conditionally support Application No. 82-02-09 for rate decreases. Mr. Ventura seconded. Unanimously carried, with Mrs. Cannon abstaining. 4. Notice of Application for Alcoholic Beverage License from the Alcoholic Beverage Control Board for 14107-R Winchester Boulevard. This is an informational report from the Manager. 5. Letter from the Chamber of Commerce requesting a Pilot Employee Parking Program. Mrs. Rasmussen moved that Council endorse the concept of the car-pool program. Council also direct the Town Attorney to prepare an ordinance amendment that would provide for all-day parking of such car-pool vehicles in designated Town parking lots and comment the Chamber for their action. Mr. Frank Howell, Chairman of the Chamber Parking Committee, explained how car-pooling would work. Mrs. Cannon seconded. Unanimously carried. WEED ABATEMENT Mayor Siemens stated this was the time and place duly published as public hearing. There being no on who wished to speak on this issue, Mrs. Rasmussen moved public hearing be closed. Mr. Ventura seconded. Unanimously carried. Mrs. Cannon moved for adoption of Resolution No. 1982-57 entitled, A RESOLUTION OVERRULING OBJECTIONS AND ORDERING ABATEMENT OF WEEDS AS A PUBLIC NUISANCE. Mrs. Rasmussen seconded. Unanimously carried. APPEAL-LONG'S DRUG STORE Mayor Siemens stated this was the time and place duly published for public hearing. Council has received a written request formally requesting that the appeal be withdrawn. Mr. Ventura stated that due to possible conflict of interest he would withdraw from voting on this issue. Mrs. Cannon moved request to withdraw the appeal be granted. Mrs. Rasmussen seconded. Carried by a vote of four ayes. Mr. Ventura did not vote. TELEPROMPTER SERVICE Mayor Siemens stated this was the time and place duly published for public hearing regarding Teleprompter service in Los Gatos. Russell Louthian, member of the Cable TV Advisory Committee, referred to report from the Committee to Council regarding the possibility of a survey being conducted by Dr. Serena Wade (Professor) and her San Jose State University students and Council provide input into the CATV survey. After some discussion, Mr. Ferrito moved to approve the concept and provide input into the survey. Mrs. Rasmussen seconded. Unanimously carried. Paul Monaco, representing Hammett & Edison, summarized some of the problems of signals coming into the area and referred to his companies Technical Audit of the Cable TV System. Mr. Paul Morebeck, District Manager for TelePrompter, stated he was anxious to review said report and also explained to Council that steps have already been taken to correct some of the problems. After further discussion, Mrs. Rasmussen moved hearing be continued to April 5, 1982, to allow time for review of said report by TelePrompter and Mayor to the Hammett & Edison report and detail items to be discussed with TelePrompter, Inc. Mr. Ferrito seconded. Unanimously carried. Mayor Siemens and Mr. Ferrito were appointed to committee. WESTERNER PRE-SCHOOL HEARING Mrs. Storm, from the Westerner Pre-School, stated she knows the public hearing on their appeal has been scheduled for March 15, 1982, and she would like to request that it be held early in the evening as their will be parents with young children attending the meeting. It as consensus of Council that hearing would be the first under public hearings. APPEALS ON ISSUES Discussion was held regarding accepting more than one appeal on one issue. Clerk directed to accept all appeals and the Attorney directed to report on legal requirements as to the publication of additional appeals. RENTAL MEDIATION PASS-THROUGH DEBT SERVICE Discussion was held on report from Town Attorney re pass-through of debt service on unsecured loan, Amendment to Rental Mediation Ordinance. Randy Grimes, spoke in opposition of Attorney's report and objected to the ordinance amendment as written. Mr. Grimes also gave some background as to why this issue is being discussed. After further discussion, Mr. Ferrito moved Council request Town Attorney to give an analysis on comparison of ordinance of other cities, their wording and interpretation. Mayor Siemens seconded. Carried by a vote of three ayes. Mrs. Cannon and Mrs. Rasmussen voting no. This issue will be discussed at the public hearing on March 15, 1982, along with other Rental Mediation Ordinance amendments. JUNE ADVISORY ELECTION IMPARTIAL ANALYSIS Town Attorney presented Council with a draft of the Analysis of Ballot Measure for the June Advisory Election. Suggestions were made by Council members as to wording of said draft and suggested the omission of all material below paragraph three. CLAIM PROCEDURES Mr. Ferrito moved to accept staff recommendation regarding the handling of claims against the Town. Mr. Ventura seconded. Unanimously carried. ZONING AND SUBDIVISION ORDINANCE AMENDMENT Town Attorney presented the Council with an amendment of the Town Code and Zoning Ordinance to conform with changes in State Law. Mr. Ventura moved reading be waived for ORDINANCE AMENDING VARIOUS PROVISIONS OF THE TOWN CODE AND ZONING ORDINANCE PERTAINING TO SUBDIVISIONS TO CONFORM WITH AMENDMENTS TO STATE LAW. Mrs. Cannon seconded. Unanimously carried. Clerk read title. Mr. Ventura moved ordinance be introduced. Mrs. Cannon seconded. Unanimously carried. RECESS Mayor declared a recess. Meeting reconvened at 10:00 p.m. PROPOSED SALE OF LAND BY COUNTY-VILLA VASONA Mrs. Rasmussen moved discussion of County plans to sell land formerly planned for Villa Vasona project be continued to April 5, 1982 meeting. Mrs. Cannon seconded. Unanimously carried. WINE APPRECIATION DAY Jeff Fisher, Chairman of the Fiesta Committee spoke on the Wine Appreciation Day request from the Chamber of Commerce. The Town Manager referred to staff report and detailed conditions that should be set forth if Council approves. After further discussion, Mrs. Rasmussen moved to accept staff recommendation and approve subject to conditions as listed in staff report. Mrs. Cannon seconded. Carried by a vote of three ayes. Mr. Ferrito and Mr. Ventura voted no. SHOOTER SCOOTER RACE Mr. Chris Benson, an owner of C.B. Hannegan's spoke on this event. The Town Manager gave a report on the event and stated conditions have been set. Mr. Ventura moved approval of said request to hold Shooter Scooter event subject to the conditions set forth. Mrs. Rasmussen seconded. Carried by a vote of three ayes. Mayor Siemens voting no. Mr. Ferrito was absent from the Council Chambers and did not vote on said issue. TOWN VOLUNTEER PROGRAM Council received an informational report on this program and after some discussion, Mrs. Rasmussen moved to refer this to Community Services and Development Commission for review and recommendation. Mrs. Cannon seconded. Unanimously carried. NEIGHBORHOOD CENTER CARPETING Mrs. Rasmussen moved to accept staff recommendation and approve supplemental appropriation in the amount of $1,250.00 from Federal Revenue Sharing Funds for the carpeting of the exercise/dance room at the Neighborhood Center. Mrs. Cannon seconded. Unanimously carried. CURB CUT PROJECT Mr. Ventura moved to accept staff recommendation and approve a supplemental appropriation in the amount of $1,050.00, from Revenue Sharing Fund to fund two additional mid-block curb cuts (Wheel Chair Ramps-Phase 11), which were approved at the Council meeting February 15, 1982. Mrs. Rasmussen seconded. Unanimously carried. STREET IMPROVEMENT CONTRACT-BOWEN (612 W. PARR AVENUE) Mrs. Rasmussen moved to accept staff recommendation and deny Mr. Bowen's request that the Town release him from the obligation described in his agreement with the Town dated February 26, 1973, and staff be authorized to negotiate a settlement with Mr. Bowen (which would be returned to Council for approval at a future date). Mr. Ventura seconded. Unanimously carried. BUS STATION SITE-S. SANTA CRUZ AVENUE Discussion was held re the proposed site and various types of buildings proposed for said site. Mr. Russ Louthian reported as to Community Services and Development Commission's recommendation. After further discussion, Mr. Ventura moved to authorize staff to proceed with preparation of Plans and Specifications for a portable building. Plans to be brought back to Council in 60 to 90 days. Mrs. Rasmussen seconded. Unanimously carried. REGULATIONS-HEIGHT OF FENCES & WALLS Mrs. Cannon moved for adoption of Ordinance No. 1525 entitled, ORDINANCE OF THE TOWN OF LOS GATOS REGULATING THE HEIGHT OF FENCES, WALLS, HEDGES AND SHRUBS NEAR INTERSECTIONS. Mr. Siemens seconded. Unanimously carried. INDUSTRIAL DEVELOPMENT BONDS It was consensus of Council to refer this report to the Town Treasure for him to review and report back to Council at a later date. BUILDING MAINTENANCE POSITION Mrs. Cannon moved for adoption of Resolution No. 1982-58 entitled, AN AMENDMENT TO RESOLUTION NO. 1981-144: PUBLIC WORKS MAINTENANCE DEPARTMENT. Mrs. Rasmussen seconded. Carried by a vote of four ayes. Mr. Ferrito abstained. CONSTRUCTION Discussion was held on the proposed ordinance changes and Mr. Ventura moved to waive reading for AN ORDINANCE AMENDING SECTION 15-76 OF THE TOWN CODE RELATING TO CONSTRUCTION TAX RATES. Mrs. Rasmussen seconded. Unanimously carried. Discussion was held on text of the ordinance and it was consensus of Council that taxes to be imposed would be as shown through June 30, 1983. Clerk read titled of Ordinance. Mr. Ventura moved Ordinance be introduced as amended. Mrs. Rasmussen seconded. Unanimously carried. CLERK AND TREASURER COMPENSATION Mrs. Rasmussen moved to waive reading for ORDINANCE OF THE TOWN OF LOS GATOS PRESCRIBING THE METHOD FOR DETERMINING THE COMPENSATION OF THE TOWN CLERK AND TOWN TREASURER. Mrs. Cannon seconded. Unanimously carried. Clerk read title of ordinance. Mrs. Rasmussen moved for introduction of the ordinance. Mrs. Cannon seconded. Carried by a vote of four ayes. Mr. Ventura voted no. TOWN PLAZA IMPROVEMENTS Council reviewed the conceptual plan for proposed improvement of the Town Plaza. Mr. Ventura volunteered to act as liaison to work with Parks Department on said project. Mr. Ferrito moved to support the conceptual plan. Mrs. Rasmussen seconded. Unanimously carried. 182/83 CURB CUTS Mrs. Cannon moved Council accept staff recommendation and designate $30,000.00, of the Town's FY 82/83 Housing and Community Development Block Grant Funds for the construction of curb cuts for the handicapped. Mrs. Rasmussen seconded. Unanimously carried. PARKING COMMITTEE COUNCIL APPOINTMENT It was consensus of Council to appoint Mr. Ventura to the Parking Committee. EX-AGENDA ITEM SB 33 Discussion was held as to Council's position on SB 33 (Auto inspection and maintenance). Mr. Ferrito moved to reaffirm Town's support of SB 33. Mr. Ventura seconded. Unanimously carried. ADJOURNMENT Mayor Siemens declared the meeting adjourned at 11:35 p.m.