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M 06-07-82TOWN COUNCIL MEETING JUNE 7, 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, Marlyn J. Rasmussen, Brent N. Ventura and Mayor Peter W. Siemens. ABSENT: None. PLEDGE OF ALLEGIANCE Given by all in attendance. EXECUTIVE SESSION Due to late arrival of Mayor Siemens at the Executive Session Vice-Mayor Ventura reported the following was discussed in Executive Session. 1. Novitiate litigation 2. Villa Vasona litigation. 3. Approved settlement of Pedro's lawsuit. 4. Kellar litigation 5. Hamilton litigation and this will be continued to discuss in a later Executive Session. 6. Toll House lawsuit 7. Personnel matters. 8. Labor negotiations. EXTRA AGENDA ITEMS Mayor Siemens stated the following would be added to the agenda: Letter from Richard Gaines resigning from the Planning Commission. Item, number 21F. Proposed 82/83 budget as item number 19A. BID AWARD STATION WAGON Mrs. Cannon moved to accept staff recommendation and award the bid for the 1982 six passenger station wagon to Swanson Ford for $8,731.07, (funds for this vehicle are available from TDA Article 4.5 funding). Mr. Ventura seconded. Unanimously carried. WRITTEN COMMUNICATIONS (REFERRAL/FILE) a. Letter from Wendy Bogert regarding the safety of the surfacing done in front of her property located at 14850 Los Gatos Boulevard. Mrs. Cannon moved to refer to staff for response. Mrs. Rasmussen seconded. Unanimously carried. b. Letter from Margaret Reuter regarding County services. Refer to staff for report regarding information on County cutbacks of various service that serve Los Gatos. c. Letter from O.L. Johns regarding the bus stop in front of his business at 151 N. Santa Cruz Avenue. Mrs. Cannon moved to refer to staff for response. Mrs. Rasmussen seconded. Unanimously carried. d. Letter from Santa Clara County regarding their Hillside Developments. Mrs. Cannon moved to refer to staff for follow-up. Mrs. Rasmussen seconded. Unanimously carried. e. Unsigned letter regarding complaints of Hannegan's on Bachman Avenue. Note and file. PARKING LOT EXPANSION PROJECT 272-RS Mrs. Cannon moved to accept staff recommendation to authorize the Mayor to execute a Notice of Completion and Certificate of Acceptance for project 272-RS-Parking Lot expansion. Mrs. Rasmussen seconded. Unanimously carried. KNOWLES DRIVE ASSESSMENT DISTRICT 81-2 Mrs. Cannon moved to accept staff recommendation and authorize the Mayor to execute a Notice of Completion and Certificate of Acceptance for Knowles Drive Area Improvements-Assessment District No. 81-2. Mrs. Rasmussen seconded. Unanimously carried. TRACT 6398 (SUNDEEN) Mrs. Cannon moved to accept staff recommendation and authorize the Mayor to execute a Notice of Completion and Certificate of Acceptance for Tract 6398 (Sundeen), 179 Villa. Mrs. Rasmussen seconded. Unanimously carried. PARKING RESTRICTION KNOWLES DRIVE Mrs. Cannon moved to adopt Resolution No. 1982-105 entitled, PARKING RESTRICTION-KNOWLES DRIVE (Prohibits parking on the north side of Knowles Drive, 220 ft. west of Capri Drive to approximately 244 feet east of Teakwood Drive). Mrs. Rasmussen seconded. Unanimously carried. SEAL COATING CONTRACT-SANTA CLARA COUNTY Mrs. Cannon moved to adopt Resolution No. 1982-106 entitled, RESOLUTION AUTHORIZING SEAL COATING CONTRACT WITH COUNTY OF SANTA CLARA. Mrs. Rasmussen seconded. Unanimously carried. TRACT NO. 7297 ARROYO RINCONADA Mrs. Cannon moved to adopt Resolution No. 1982-107 entitled, RESOLUTION APPROVING AND ACCEPTING FINAL MAP OF TRACT NO. 7297. Mrs. Rasmussen seconded. Unanimously carried. BIKE PATH-L.G. CREEK Mrs. Cannon moved to approve the prepared Negative Declaration for the proposed bike path along Los Gatos Creek from Blossom Hill Road to Roberts Road bridge. Mrs. Rasmussen seconded. Unanimously carried. POLICE MOTORCYCLE BID OPENING Mrs. Cannon moved to approve the specification for a new police motorcycle and authorize Clerk to advertise the call for bids, (setting bid opening for 3:30 p.m., June 21, 1982). Mrs. Rasmussen seconded. Unanimously carried. COUNTY REFERRALS Mrs. Cannon moved to accept staff recommendation as follows: 1374-30-52-81P Patricia Beadle To be heard by the County Planning Commission on June 3, 1982. Lee Bowman, Planning Director, reported that the County Planning had heard this issue and granted a Use Permit to allow construction in the corridor lot in the -cs zone. Council authorized him to file an appeal on behalf of the Town. Mrs. Cannon seconded. Unanimously carried. CAMBRIAN GOLF COURSE Mayor Siemens reported the San Jose Council turned down the development proposal for the Cambrian Golf Course on a unanimous vote. PLANNING MONTHLY REPORT Council information only. CONTRACT-EIR CONSULTANT SERVICES Mrs. Cannon moved to adopt Resolution No. 1982-108 entitled, A RESOLUTION AUTHORIZING THE EXECUTION OF A CONTRACT FOR INITIAL STUDIES (CALIFORNIA ENVIRONMENTAL QUALITY ACT). This extends the contracts with Environmental Center, Environmental science Associates, Inc., Seeman Associates and Earth Metrica, Inc. for one year. Mrs. Rasmussen seconded. Unanimously carried. CIVIL DEFENSE ACT FINANCIAL ASSISTANCE It was consensus of Council to hold this item until June 21st to allow the sub-committee to meet and discuss before taking any action. FEDERAL SURPLUS PROPERTY Mrs. Cannon moved to adopt Resolution No. 1982-109 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AMENDING RESOLUTION 1977-144 AND AUTHORIZING THE TOWN MANAGER AND /OR AUTHORIZED REPRESENTATIVE(S) TO ACQUIRE FEDERAL SURPLUS PROPERTY. Mrs. Rasmussen seconded. Unanimously carried. PUBLIC HEARING SCHEDULE Council information only. TRANSFER OF FUNDS Mrs. Cannon moved to accept staff recommendation and approve the transfer of $335.00 from the General Revenue Sharing Community Events budget to the budget of the Police Department. Mrs. Rasmussen seconded. Unanimously carried. MEADOW GOLD PROPERTY ACQUISITION Mrs. Cannon moved to adopt Resolution No. 1982-110 entitled, A RESOLUTION APPROVING PURCHASE CONTRACT FPR MEADOW GOLD BUILDING; authorize the Manager to execute all documents necessary for the Town purchase of Assessor's Parcels No. 529-03-030, amd 032 from beatrice foods; and authorize the transfer of $2,000 from the current year General Fund Contingency to General Town Administration for deposit on the purchase of the property. Mrs. Rasmussen seconded. Unanimously carried. ROBERT-Z'BERG PROGRAM BLOCK GRANTS Mrs. Cannon moved to adopt Resolution No. 1982-111 entitled, A RESOLUTION APPROVING THE APPLICATION FOR GRANT FUNDS UNDER THE ROBERTI-Z' BERG URBAN OPEN SPACE AND RECREATION PROGRAMS FOR OAK MEADOW PARK, TOWN OF LOS GATOS, CA (authorizing the Town to apply for grant funds in the amount of $20,967 under provisions of the Roberti-Z'Berg Open Space and Recreation Program). Mrs. Rasmussen seconded. Unanimously carried. LARK AVENUE HWY ON/OFF RAMP Mrs. Cannon moved to accept staff recommendation and inform Ms. Higuera that the Town is aware of the problem and is working on a solution. Mrs. Rasmussen seconded. Unanimously carried. PARKING RESTRICTION-OAK HILL WAY Mrs. Cannon moved to direct staff to paint the curb return, red at the southwest corner of Oak Hill Way and Central Avenue. Mrs. Rasmussen seconded. Unanimously carried. MINUTES Mr. Ferrito requested the minutes of May 17th be held to check his vote on the Bandov Appeal and to clarify his motion on the Elks rezoning. Clerk to review tapes. Mr. Ventura moved to approve the May 18th minutes. Mrs Cannon seconded. Carried by a vote of three ayes. Mrs. Rasmussen and Mr. Ferrito abstained. Mrs. Cannon moved to approve the May 26th minutes. Mrs. Rasmussen seconded. Unanimously carried. COMMUNICATIONS (FOR ACTION) a. Mr. Ventura moved to approve the request of the Los Gatos Athletic Association to hold their 9th Annual Dammit Run on Saturday, August 21, 1982. Mrs. Cannon seconded. Unanimously carried. b. Mr. Ferrito moved to approve the American Association of University Women request to use the lawn area in front of the Civic Center, July 1st, for a meeting subject to coordination with the Parks Department. Mr. Ventura seconded. Unanimously carried. c. Mrs. Rasmussen moved to advise Mr. Smith that temporary use of the Winchester Boulevard right-of-way by Joseph and Mary Rose Corcoran was authorized by a revocable permit issued December 4, 1981. Mr. Ventura seconded. Unanimously carried. d. Mrs. Rasmussen moved to direct staff to investigate the need for dedication and acceptance documents regarding Broadway Extension, and the cost to prepare such documents, and return the matter to the Council for appropriate action at a subsequent meeting. Also, to find that the property owners should bear the cost of preparation, if required. Mrs. Cannon seconded. Unanimously carried. Howard Durham spoke on request. e. Mrs. Rasmussen moved to approve the Los Gatos High School request to divert traffic from East Main Street on June 17, 1982 during the graduation ceremony. Mr. Ferrito seconded. Unanimously carried. f. Mrs. Cannon moved to accept with regret the resignation of Richard Gaines from the Planning Commission. Mrs. Rasmussen seconded. Unanimously carried. Mr. Ventura moved the Clerk advertise the vacancies on the Planning Commission. Interviews will be held prior to Council meeting on July 19th. Mr. Ferrito seconded. Unanimously carried. Mr. Ferrito moved to direct staff to prepare Resolution of Commendation for Mr. Gaines for his service on the Planning Commission. Mr. Ventura Seconded. Unanimously carried. PAYROLL AND WARRANT DEMANDS Mr. Ventura moved to approve the May, 1982 payroll in the amount of $298,923.35, and warrant demands in the amount of $429,323.49. Mrs. Cannon seconded. Unanimously carried. MEDIATION ORDINANCE AMENDMENTS Mayor Siemens stated this was the time and place duly noted for the continued hearings for amendments to the Mediation Ordinance. On March 15, 1982, the Town Council authorized a Task Force to review the existing Mediation Ordinance in its entirety. Harryette Shuell, of the Task Force Committee, spoke to Council on their recommendations: a. Amend 24.50.015 to allow staff and a mediator to deny stay if deemed not covered by the intent and purpose of this ordinance, b. Delete 24.040.055 allowing the arbitrator to award costs to the other party. c. Amend 24.70.020 (@) to provide that increased costs of debt service shall be deemed reasonable only if the debt is secured, arms-length transaction. d. Add 24.20.030 to require landlords to notify tenants of their right to petition for conciliation. Mrs. Shuell stated the proposed additions, deletions and amendments to the ordinance were agreed upon by unanimous vote of the Task Force Committee. Mrs. Bartlett, spoke in favor of mediation program as did Mr. Randy Grimes. Mrs. Cannon and Mr. Ferrito commended the Task Force on their work. Ms. Shuell stated the Task Force had not come to an agreement regarding the extension of said Mediation Ordinance and had no recommendation. After further discussion, Mr. Ferrito moved hearing be closed. Mr. Ventura seconded. Unanimously carried. The Town Attorney reported that the FPPC had given a ruling that Mr. Ventura could vote on the various issues. Mr. Ferrito moved reading be waived for 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. Mr. Ventura seconded. Unanimously carried. The Town Attorney read title, Ordinance had not been typed in regular form. He also requested an amendment of said ordinance and requested the omission of the word "deemed" from line five of the first paragraph. Mr. Ferrito moved for introduction of the ordinance as amended, Mrs. Rasmussen seconded. Unanimously carried. Discussion was held on the extension of the Mediation Ordinance which will expire in October, 1982. Mr. Ferrito moved to delete from the Ordinance the termination of provision and extend the life of Task Force for as long as the Ordinance exists. Motion dies for lack of a second. Mrs. Rasmussen moved to authorize the Task Force Committee to continue for the life of the Ordinance. Mrs. Cannon seconded. Carried by four ayes, Mr. Ventura abstained. Discussion was held on the extension of the Mediation Ordinance. Mrs. Rasmussen moved to continue this item and be discussed at the September 7th, 1982 meeting. Mrs. Cannon seconded. Mr. Ferrito proposed an amendment to the above motion to extend the Ordinance for 2 years to the second meeting in September, 1982. Mr. Siemens seconded. Amendment failed on a vote of two ayes. Mrs. Cannon and Mrs. Rasmussen voting no. Mr. Ventura abstained. Vote was held on main motion to consider the extension of said Ordinance at the September 7th, 1982 Council meeting. Carried by a vote of three ayes. Mr. Ferrito voting no and Mr. Ventura abstained. READOPTION OF TOWN ZONING MAPS Mayor Siemens stated this was the time and place duly published for public hearing to consider the readoption of the current Town Zoning Maps. Mr. Bowman, Planning Director, explained the reason for said adoption. Mrs. Bartlett requested the deletion of Oak Hill section from any zoning and requested a study of that area as zoning does not reflect the use of the land and challenges the accuracy of the Zoning Maps. After further discussion on no one else wished to speak on this issue, Mrs. Rasmussen moved hearing be closed. Mr. Ventura seconded. Unanimously carried. Mrs. Rasmussen moved reading be waived for AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONING ORDINANCE EFFECTING ZONE CHANGE NO. READOPTING THE ZONING MAPS. Mr. Ventura seconded. Unanimously carried. Clerk read title. Mrs. Rasmussen moved ordinance be introduced. Mr. Ventura seconded. Carried by a vote of four ayes. Mr. Ferrito voting no. IMPROVEMENTS INTERSECTION-POLLARD ROAD & WINCHESTER BOULEVARD Mayor Siemens stated this was the time and place duly published for public hearing regarding the construction of a permanent raised concrete median island on Winchester Boulevard across the intersection of Pollard Road as part of the Winchester Boulevard roadway improvements. Mr. Albert Smith, 14561 Winchester Boulevard, spoke on right- of-way contract he has with the Town and stated when he dedicated some property to the Town for widening Winchester, it was agreed that he would be able to get into and out of his driveway without problems. Now he cannot turn left on Winchester from his driveway. Mrs. Cannon spoke on complaints regarding the temporary closure of Pollard Road and feels the light should be reactivated and lefthand turns allowed. Discussion was also held regarding transit bus routes and extra distances the elderly had to walk to reach the bus stop. No on wished to speak on this issue, Mr. Ventura moved hearing be closed. Mrs. Rasmussen seconded. Unanimously carried. Mr. Ventura moved to reopen Pollard Road allowing lefthand turns off Winchester Boulevard without activating the signals. Mrs. Rasmussen seconded. Carried by a vote of four ayes. Mrs. Cannon abstained. RECESS Mayor Siemens called a recess. Meeting reconvened at 10; p.m. CLAIM FOR DAMAGES DANCY FOSTER Mrs. Rasmussen moved to accept the Town Attorney's recommendation and pay the claim of Dancy Foster in the full amount of $671.16. Mr. Ferrito seconded. Carried by a vote of four ayes. Mr. Ventura was absent from Council Chambers. CLAIM FOR DAMAGES-DONNA K TAYLOR Mrs. Rasmussen moved to accept the Town Attorney's recommendation and deny the claim of Donna K. Taylor. Mayor Siemens seconded. Carried by a vote of four ayes. Mr. Ventura was absent from the Council Chambers. CLAIM FOR DAMAGES-A. GARIBALDI Mrs. Rasmussen moved to accept Town Attorney's recommendation and deny the claim of Almeto Garibaldi, Mayor Siemens seconded. Unanimously carried. AMENDMENT-TOWN CODE ON DEFINING RETAIL & OFFICE USE Mrs. Rasmussen moved to waive the reading of ORDINANCE DEFINING "RETAIL" AND "OFFICE" AS USED IN TABLE 33-A OF THE UNIFORM BUILDING CODE. Mrs. Cannon seconded. Unanimously carried. Clerk read title. Mr. Ventura moved to introduce the ordinance. Mayor Siemens seconded. Carried by a vote of four ayes. Mr. Ferrito was absent from the Council Chambers. AMICUS PARTICIPATION Mr. Ventura moved to accept the Town Attorney's recommendations to participate, at no cost to the Town, in the following cases: San Francisco vs. San Francisco Muni Court. Zavalla vs. City of Glendale. Canon Investment Co. vs. Santa Monica. Mayor Siemens seconded. Carried by a vote of three ayes. Mrs. Cannon and Mrs. Rasmussen voted no. TOWN CLERK & TOWN TREASURER Mrs. Cannon moved to adopt Resolution No. 1982-112 entitled, A RESOLUTION ESTABLISHING SALARY STEPS FOR THE TOWN CLERK AND TOWN TREASURER AND PROVIDING FOR ANNUAL EVALUATION OF THOSE OFFICERS BY THE TOWN COUNCIL. Mrs. Rasmussen seconded. Carried by a vote of three ayes. Mr. Ferrito and Mr. Ventura voted no. LAND & WATER CONSERVATION GRANT Mr. Ventura moved to adopt as amended Resolution No. 1982-113 entitled, A RESOLUTION APPROVING AMENDMENT TO AGREEMENT BETWEEN TOWN OF LOS GATOS AND MIDPENINSULA REGIONAL OPEN SPACE DISTRICT RELATED TO LOS GATOS CREEK PARK ACQUISITION PROJECT. Mrs. Cannon seconded. Carried by a vote of four ayes. Mrs. Rasmussen voted no. The amendment in the grant would transfer the grant in total from the Town to the Midpeninsula Regional Open Space District. The grant provides up to $465,615 for the acquisition of the Los Gatos Creek Park (Novitiate Property). JOINT POWERS AGREEMENT-TOWN & MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Mr. Ventura moved to incorporate suggested amendments and adopt Resolution No. 1982-114 entitled, A RESOLUTION APPROVING AMENDMENTS TO JOINT POWERS AGREEMENT BETWEEN TOWN OF LOS GATOS AND MIDPENINSULA REGIONAL OPEN SPACE DISTRICT. Mrs. Cannon seconded. Carried by a vote of four ayes. Mrs. Rasmussen voted no. The amendments to the JPA are as follows: Title to property to be in names of district (other than Town; District to provide Town with recorded Park, Recreation, Scenic, and Open Space Easement upon, over, and across property; Transfer Land and Water Conservation Grant Funds from Town to District. NOISE ORDINANCE Report accepted and filed. HANDICAPPED ACCESS Jim Lewis thanked Council and Town Attorney for getting the Pedro matter settled. Mr. Lewis then referred to the lack of handicap access to entrance of Los Gatos Athletic Club. After some discussion, Mr. Ventura moved to refer this to the Attorney for review and request report back to Council as to legal options Town has regarding handicap requirements. Mrs. Rasmussen seconded. Unanimously carried. Mr. Lewis then Old Town Parking lot is not accessible to handicapped and requested additional parking spaces in front of Old Town. After some discussion, Mrs. Cannon moved Council advise Old Town to enlarge their two handicapped spaces using their one surplus space and change their ramp to make it accessible to handicapped. Mr. Ventura seconded. Unanimously carried. Mr. Lewis referred to lack of accessibility for handicapped at 15961 Los Gatos Boulevard. Stating the mats as suggested are not acceptable. After some discussion, Mr. Ventura moved that a metal ramp or some other permanent solution be required before use and occupancy if allowed. Mayor Siemens seconded. Unanimously carried. SUNDAY PARKING SANTA CRUZ AVE Mrs. Rasmussen moved to adopt Resolution No. 1982-115 entitled, RESOLUTION RESTRICTION-NORTH SANTA CRUZ AVENUE. Mrs. Cannon seconded. Carried by a vote of four ayes. Mayor Siemens voted no. This Resolution prohibits parking along a portion of Santa Cruz Avenue on Sundays between the hours of 2:00 p.m. and 7:00 p.m. JPA-TRANSIT PROGRAM Council information only. WEST VALLEY ASSIST, INC. TRANSIT ASSIST AUDIT Council information only. BLOSSOM HILL PARK Mrs. Cannon moved Council keep policy only Los Gatos residents to use tennis courts at Blossom Hill Park and refer matter back to Park Commission for study of an alternate way for control of park use. Mr. Ventura seconded. Unanimously carried. RESOLUTION OF COMMENDATION TOWN VOLUNTEERS Mrs. Rasmussen moved Council sponsor a volunteer recognition dinner and Mayor appoint a subcommittee and compile a list from the various organizations. Mayor Siemens seconded. Unanimously carried. Mrs. Rasmussen and Mr. Ventura were appointed by the Mayor to the subcommittee. TIMBER HARVESTING Mr. Ferrito moved to have staff investigate if any legislative bills exist regarding timber harvesting. Mr. Ventura seconded. Unanimously carried. SPECIAL EVENTS APPROVALS Mrs. Rasmussen spoke on insurance requirement for special events and would like a policy set and requested staff report on this issue. Report to Council July 6th, 1982. ALL-NIGHT LAUNDROMATS Mrs. Rasmussen spoke of complaints regarding the all night laundromat on Montebello Way. It was consensus of Council to refer to staff for report at the meeting of July 6th. ADJOURNMENT Mayor Siemens declared the meeting be adjourned at 11:10 p.m. to an Executive Session. The meeting will not reconvene and report on Executive Session will be made at the June 14th, meeting.