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M 09-07-82TOWN OF LOS GATOS COUNCIL MEETING SEPTEMBER 7, 1982 TOWN COUNCIL The Town Council of the Town of Los Gatos met in the Council Chambers of the Town Hall at 7:48 p.m., in regular session. ROLL CALL PRESENT: Ruth Cannon, Thomas J. Ferrito, Peter W. Siemens and Mayor Brent N. Ventura, Marlyn J. Rasmussen and Mayor Brent N. Ventura ABSENT: None PLEDGE OF ALLEGIANCE Given by all in attendance. APPOINTMENT TO COMMISSIONS Interviews of applicants for various commissions were held prior to the Council meeting: Applicant for the one vacancy for the Community Services and Development Commission as Dennis Burrow. Mr. Ferrito moved Dennis Burrow be appointed to the Community Services and development Commission to serve the unexpired term of Lela Austen. Mrs. Rasmussen seconded. Unanimously carried. Applicants for the three vacancies on the Cultural Resources Commission were: Lucille Hogan, Patricia Wilson, John Finsand and Mickey Benson. After some discussion re requirement of being Town Resident and late filing, Mrs. Cannon moved for the reappointment of Lucille Hogan for another three year term. Mr. Ferrito seconded. Unanimously carried. It was consensus of Council to continue the appointments to the other two vacancies on this commission to October 25, 1982 and Clerk be authorized to readvertise. PRESENTATIONS Mayor Ventura presented Lela Austen with a Resolution of Commendation for her services on the Community Services and Development Commission and also her services to the community working with other organizations. Mayor Ventura presented Dale Hill with Resolution of Commendation for her services to the community by serving on the Planning Commission. EXECUTIVE SESSION REPORT Mayor Ventura stated there had been an executive session held by Council on August 30, 1982 and Council discussed personnel matters and no action was taken. Tonight an executive session was held prior to the Council meeting and the following were discussed: Kellar litigation Other potential litigation; Villa Vasona litigation and no action was taken on these issues. Discussed Toll House litigation and Council authorized the Town Manager to withhold the final building permit, so as not to prejudice the issues of mootness before the appellate courts. This was decided on a three to two vote. RENT ARBITRATION ORDINANCE Town Attorney Hays reported to Council that Superior Court Judge Frank Cliff has ruled the Town's Mediation Ordinance unconstitutional due to an amendment that Town adopted in April of 1982, re Town using its own arbitrators rather than using the American Arbitration Association personnel. Attorney Hays stated a final judgement would be given in writing within a few days. Mr. Hays then presented Council with a proposed Ordinance that would state the Town would use the American Arbitration Association personnel and then the Town Ordinance should remain in effect. Mr. Ferrito moved for adoption of URGENCY ORDINANCE AMENDING SECTION 24.40.050 OF THE TOWN CODE TO REQUIRE ARBITRATION UNDER THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION. Mr. Siemens seconded. ROLL CALL VOTE. AYES: Mr. Ferrito and Mr. Siemens. NOES: Mrs. Cannon and Mrs. Rasmussen. ABSTAINED: Mr. Ventura. Motion fails. Mr. Ferrito moved reading be waived for AN ORDINANCE AMENDING SECTION 24.40.050 OF THE TOWN CODE TO REQUIRE ARBITRATION UNDER THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION. Mr. Siemens seconded. ROLL CALL VOTE. AYES. Mrs. Cannon, Mr. Ferrito, Mrs. Rasmussen and Mr. Siemens. NOES: None. ABSTAINED: Mr. Ventura. Motion carries. Clerk read title. Mr. Ferrito moved for introduction of Ordinance. Mr. Siemens seconded. ROLL CALL VOTE - AYES: Mr. Ferrito and Mr. Siemens. NOES: Mrs. Cannon and Mrs. Rasmussen. ABSTAINED: Mr. Ventura. Motion failed. No action taken on proposed ordinance. Mrs. Rasmussen spoke to Council on alternative proposal - that being a voluntary rental mediation proposal, as presented by the Tri-County Apartment Association. Mrs. Rasmussen asked that one change be made in the proposed ordinance and that be to include mobile home parks. Mrs. Rasmussen moved for introduction of said ordinance with the one change. Mrs. Cannon seconded. No vote was taken on motion. Mr. Ferrito moved Council authorize Town Attorney to appeal Judge Cliff's decision. Mr. Siemens seconded. ROLL CALL VOTE - AYES: Mr. Ferrito and Mr. Siemens. NOES: Mrs. Cannon and Mrs. Rasmussen. ABSTAINED: Mr. Ventura. Motion fails Mr. Ferrito moved for Council to hold a public hearing tonight before it votes on motion made by Mrs. Rasmussen re voluntary rental mediation proposal. Mr. Siemens seconded. Carries by vote of four ayes. Mr. Ventura abstained. RENT MEDIATION ORDINANCE EXTENSION Mayor Ventura stated public hearing is now open to address the issue whether the current Rental Mediation Ordinance shall be readopted with the appropriate amendment to insure its constitutionality and the issue of the voluntary arbitration. Mr. Randy Grimes spoke against abandonment of the Rental Mediation Ordinance and stated that voluntary arbitration was out. Donni Bratti of Tri-County Apartment Association spoke on the issue and stated the proposed voluntary arbitration is offered in the interim while court case is being decided. It is a tool for everyone to use and feels it can work. Speaking to Council on said issue were M. Connelly, Irving Bloom, Maryalice Blice, Mr. Reeves, Bobie Crafford, John Witte, Alice Hanson, Rosemary Glen, Rollin Rose, M. Walsh, Robert Brouwer. Mayor Ventura turned over the chair to Vice-Mayor Rasmussen and spoke to Council as a landlord, stating he feels current rent mediation ordinance is necessary and urges Council members to reconsider their previous action and take necessary steps to continue the rent mediation ordinance. Mayor Ventura returned to chair remainder of meeting. Discussion was held on use of arbitrators and it was explained that arbitrators are not brought in from outside the area as there are arbitrators available locally. Mr. Ferrito moved for adoption of the ordinance proposed earlier in the meeting (namely) AN URGENCY ORDINANCE AMENDING SECTION 24.40.050 OF THE TOWN CODE TO REQUIRE ARBITRATION UNDER THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION. Mr. Siemens seconded. ROLL CALL VOTE - AYES: Mr. Ferrito, Mrs. Cannon and Mr. Siemens. NOES: Mrs. Rasmussen, ABSTAINED: Mr. Ventura. Motion fails as a four/fifths vote is required to adopt and urgency ordinance. Mr. Ferrito moved reading be waived for AN ORDINANCE AMENDING SECTION 24.40.050 OF THE TOWN CODE TO REQUIRE ARBITRATION UNDER THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION. Mr. Siemens seconded. ROLL CALL VOTE - AYES: Mrs. Cannon, Mr. Ferrito and Mr. Siemens. NOES: Mrs. Rasmussen. ABSTAINED: Mr. Ventura. Clerk read title. Mr. Ferrito moved ordinance be introduced. Mr. Siemens seconded. ROLL CALL VOTE - AYES: Mrs. Cannon, Mr. Ferrito and Mr. Siemens. NOES: Mrs. Rasmussen. ABSTAINED: Mr. Ventura. Mr. Ferrito moved Council authorize Attorney Hays to proceed with an appeal of Judge Cliff's decision. Mr. Siemens seconded. ROLL CALL VOTE:- AYES: Mrs. Cannon, Mr. Ferrito, Mrs. Rasmussen and Mr. Siemens. NOES: None. ABSTAINED: Mr. Ventura. Discussion was held on extension of current rent mediation ordinance until the first of 1983 to allow new councilmembers that will be elected in November to review this matter and act on the issue. Mr. Ferrito moved reading be waived for AN ORDINANCE AMENDING SECTION 24.10.025 OF THE TOWN CODE TO EXTEND THE EXPIRATION DATE OF CHAPTER 24. Mrs. Cannon seconded. Carried by a vote of four ayes. Mr. Ventura abstained. Town Manager read title. Discussion was held on how long ordinance should be extended. Date of January 6, 1983 was decided. Mr. Ferrito moved ordinance be introduced (with the expiration date being January, 6 1983). Mr. Siemens seconded. ROLL CALL VOTE - AYES: Mrs. Cannon, Mr. Ferrito and Mr. Siemens NOES: Mrs. Rasmussen. ABSTAINED: Mr. Ventura. BID AWARD POLICE MOTORCYCLE Mr. Siemens moved to accept staff recommendation and award the bid for the 1982 motorcycle, for police traffic patrol, to Onstal Corporation in the amount of $6310.13. Mrs. Rasmussen seconded. Carried unanimously. BID AWARD MONCLAIR STORM DRAIN PROJECT 262-SD Mrs. Rasmussen moved to accept staff recommendation and reject the request of Steadman Engineers to correct their bid from $57,283 to $69,523; award the contract to Steadman Engineers, in the amount of 57,283.00; approve a supplemental appropriation of $7,000.00 from Storm Drain Basin #3 funds and cancel the 82-83 budget General Fund appropriation of $27,000.00. Mr. Ventura seconded. Carried unanimously. TOWN RETIREMENT PLAN REQUEST ADMINISTRATIVE COSTS Mark Erickson, member of the Los Gatos Town Retirement Board, spoke to Council re request for additional administrative fees for the Trustees of the Los Gatos Retirement Plan so as to be able to set up individual accounts for employees within said plan so they would receive a better return on their investments. After some discussion it as consensus of Council that they would like more information on this issue and would continue this to September 20, 1982 and the Board should furnish Council with a report of further information on this matter. SENIOR COORDINATING COUNCIL REQUEST FOR FUNDS Letter from the Senior Coordinating Council requesting additional revenue sharing funds in the amount of $3,840.00. Mr. Siemens moved to accept staff recommendation and award $3,318.00 of the $3,840.00 requested. Mr. Ferrito seconded. Carried by a vote of four ayes. Mrs. Rasmussen abstained. APPEAL-15300 LOS GATOS BLVD. VALLEY FAIR FOODS Mayor Ventura stated this was the time and place duly published for public hearing on the appeal of the Planning Commission' decision granting Conditional Use Permit U-82- 9, granting permission to operate an existing shopping center with a super market and placing a time limit on store hours. There being no one in the audience wishing to speak on this issue. Mr. Ferrito moved hearing be closed. Mrs. Rasmussen seconded. Unanimously carried. Mr. Ferrito moved appeal be denied and directed Town Attorney to prepare the necessary Resolution of denial for the next Council meeting. Mrs. Rasmussen seconded. Unanimously carried. APPEAL PARKING LOT MODIFICATION 15960 LOS GATOS BOULEVARD Mayor Ventura stated this was the time and place duly published for public hearing on the appeal of Planning Commissions denial of a request for approval of plans for parking lot modification and the addition of retail space and a mezzanine and storage area in the C-1 zone. Due to conflict of interest Mayor Ventura stepped down from the chair and Vice-Mayor Rasmussen chaired the hearing. Steve Musich, owner of property, spoke on behalf of the appeal and explained what modifications were being proposed and stated he is also providing one extra parking space that is not required. Discussion was held on intensification of use. There being no one else wishing to speak on this issue, Mr. Ferrito moved public hearing be closed. Mr. Siemens seconded. Carried unanimously. Discussion was held as to possible installation of bike racks in the center. Mr. Musich stated this could be arranged and would accept that as a condition. Mr. Siemens moved to grant the appeal with the following additional conditions being added: 1 - The addition to upstairs space be limited to ware-housing only; 2.- All six (6) new parking spaces be allocated to the existing use; 3. Owner be required to install 20 bicycle racks through-out the shopping center, with design and location be approved by Planning Director; and make the finding that Planning Commission erred as applicant owner is meeting the ordinance requirement for the additional parking spaces given the condition Council is limiting the warehouse space proposed to only ware-housing. Mrs. Cannon seconded. Motion carried by vote of three ayes. Mr. Ferrito voting no. Mr. Ventura did not vote on this issue and took no part in the discussion. Mayor Ventura returned to the chair. TRAFFIC DIVERTERS AT SAN BENITO & ANDREWS Mayor Ventura stated this was the time and place duly published for public hearing on the proposed traffic diverters at San Benito and Andrews Street, J. Van Houten, Director of public works, made a slide presentation to Council showing where diverters are proposed to be installed. Bob Kirkendall, owner of Bob & Kirks Drive-in Pharmacy, located at corner of Montgomery and Saratoga Avenue, spoke in opposition of diverter being installed at that corner as it would block traffic flow to his drive-in pharmacy. Roger Donnelly presented Council with petition signed by 97 residents in the area favoring diverters. Also speaking on the issue were John Hulme, Gary Swanson. John Eastman, Mr. Richards representing himself and A. Weltz, John Duffy and Jerry Hintley. Discussion was held on concerns for residents living in the first block on San Benito off Saratoga Avenue. There being no one else wishing to speak, Mr. Ferrito moved public hearing be closed. Mrs. Rasmussen seconded. Unanimously carried. After further discussion Mr. Ferrito moved to accept staff design of diverter at San Benito and Andrews and direct staff furnish Council with proposals of other diverters in the area and report to Council as to what effect these would have on businesses in the area. Mr. Siemens seconded. Unanimously carried. Mayor Declared a recess. CROSSING GUARD UNION AT LYNN AVENUE Mike Felice, representative from Union School District, spoke on needs of crossing guard at this location due to the closing of Howes School and the direction of all those children to Alta Vista School. Mr. Felice asked Council to reconsider this issue and place a crossing guard at the location as requested. After some discussion Mr. Ferrito moved Council direct staff to install a cross walk at Lynn across Union Avenue. Mrs. Cannon seconded. Unanimously carried. Town Manager stated staff will review the over all crossing guard situation. Juanita McCoy, Principal of Alta Vista School thanked Council for their consideration. VERBAL COMMUNICATION Carrie Guard asked Council Permission to hold a WALK-A-THON on Saturday, October 9, 1982. This walk would start in Los Gatos and end in Campbell. Mr. Siemens moved request be granted subject to written request being submitted to Town Manager, Route to be approved by Police department and any cost incurred to be taken care of by the organization. Mr. Ferrito seconded. Unanimously carried. MEETING CONTINUATION Mr. Ferrito stated the time is now 12:20 A.M. and moved for continuance of meeting for another hour. Mr. Siemens seconded. Unanimously carried. WRITTEN COMMUNICATIONS Letter from William Meyer regarding zoning of property located at 15 Oak Hill Way. Mr. Siemens moved to refer this letter to the Planning Commission for consideration during its rezoning hearings. Mrs. Rasmussen seconded. Unanimously carried. Letter from JoAnn Kilner regarding wading in the creek at Vasona Park. Mr. Siemens moved to refer this letter to the Santa Clara County for response. Mrs. Rasmussen seconded. Unanimously carried. Letter from the City of Sunnyvale regarding the Gun Control Ballot Measure. Note and file. Letter from Marjorie Rice regarding accidents on Shannon Road. Mr. Siemens moved to refer this to staff for a full report relative to traffic and safety at this location. Mrs. Rasmussen seconded. Unanimously carried. CIVIC CENTER RESTROOM MODIFICATIONS Mr. Siemens moved to direct staff to make necessary modifications to the plans and specifications and readvertise for bids. Mrs. Rasmussen seconded. Unanimously carried. 2-UNIT CONDOMINIUMS Council information PUBLIC HEARING SCHEDULE Mr. Siemens moved to accept the schedule of public hearings. Mrs. Rasmussen seconded. Unanimously carried. COUNTY REFERRALS Mr. Siemens moved to accept Planning Commissions' decision on the following: 1731-27-43-82B Brush Rd. Pimentel Single family dwelling No comment. Mrs. Rasmussen seconded. Carried unanimously. MONTHLY PLANNING REPORT Mr. Siemens moved to accept monthly Planning report. Mrs. Rasmussen seconded. Unanimously carried. WINCHESTER BLVD. RIGHT-OF-WAY PERMIT WITH STATE Mr. Siemens moved to adopt Resolution No. 1982-161 entitled, RESOLUTION APPROVING WINCHESTER BOULEVARD RIGHT-OF-WAY PERMIT FROM THE STATE OF cALIFORNIA DEPARTMENT OF TRANSPORTATION. Mrs. Rasmussen seconded. Unanimously carried. MANAGER'S EMPLOYMENT AGREEMENT Mr. Siemens moved for adoption of Resolution No. 1982-162 entitled, A RESOLUTION APPROVING AMENDMENTS TO THE TOWN MANAGER EMPLOYMENT AGREEMENT, TO BE EFFECTIVE JULY 1, 1982. Mrs. Rasmussen seconded. Unanimously carried. KNOWLES DRIVE ASSESSMENT DISTRICT SUPPLEMENTAL APPROP. Mr. Siemens moved to appropriated $65,368.04 for Knowles Drive Assessment District expenditures. Mrs. Rasmussen seconded. Unanimously carried. TRACT 6597 FOSTER ROAD & SUND DRIVE INTERSECTION Mr. Siemens moved for adoption of Resolution No. 1982-163 entitled, RESOLUTION APPROVING THE AGREEMENT WITH SUND PROPERTIES, LTD., THE DEVELOPERS OF TRACT 6597; authorize the Mayor to sign on behalf of the Town and approve a supplemental appropriation of $4,950 from the contingency funds. Mrs. Rasmussen seconded. Carried unanimously. CONSULTANT SERVICES FOR VILLA VASONA PROJECT Mr. Siemens moved to accept staff recommendation and transfer $1,190.00 from the current year General Fund appropriated contingency to the General Town Administration Contractual Service, for payment to Shelter Capital Corp., for financial analysis to the Town relative to the Villa Vasona project. Mrs. Rasmussen seconded. Unanimously carried. U.S./MEXICO SISTER CITIES ASSOCIATION, INC Mr. Siemens moved to accept staff recommendation and authorize the Clerk to advertise for candidates for the Town Sister City Advisory Board. Mrs. Rasmussen seconded. Unanimously carried. PARKING RESTRICTION POLLARD ROAD Mr. Siemens moved to adopt Resolution No. 1982-164 entitled, PARKING RESTRICTION-POLLARD ROAD. This prohibits parking along the south side of Pollard Road westerly from intersection of Avenida del Sol. Mrs. Rasmussen seconded. Carried unanimously. ADJOURNMENT Mrs. Cannon moved meeting be adjourned at 1:35 A.M. and be continued to 7:00 P.M., Monday, September 13, 1982. Mr. Ventura seconded. Carried by a vote of three ayes. Mr. Ferrito and Mr. Siemens voting no.