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M 09-20-82TOWN OF LOS GATOS COUNCIL MEETING SEPTEMBER 20, 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., regular session. ROLL CALL PRESENT: Thomas J. Ferrito, Marlyn J. Rasmussen and Mayor Brent N. Ventura, Ruth Cannon and Peter Siemens. ABSENT: None. PLEDGE OF ALLEGIANCE Given by all in attendance. PRESENTATION Mayor Ventura presented keys to the Town for Scouts William A. Lowery (Troop 510 and Douglas W. Salmond (Troop 562). William A. Lowery accepted the keys. EXECUTIVE Mayor Ventura stated the following issues were discussed at Executive Session held prior to Council meeting: Discussed Villa Vasona litigation. Authorized the Town Attorney to defend present and former Town Officials in the O.L. Johns litigation. Town Attorney to initiate action to stop illegal serving of alcohol at the Upperty Restaurant. Directed the Planning Commission institute proceedings under Town Code Section 5.30.130 of zoning Ordinance for revocation of permit for the Toll House Project and no permits for the Toll House Project be processed by the Town pending Planning Commission hearings. This was carried by a three to two vote. Discussed potential litigations. BID AWARD PROJECT 267-22 Mrs. Rasmussen moved to accept staff recommendation reject the bid of Dorsa Paving Company and award the bid to Raisch Paving Company in the amount of $238,963.07 and authorize staff to issue a contract change order adding additional paving work to utilize the available funds. Mr. Siemens seconded. Unanimously carried. WRITTEN COMMUNICATIONS (FOR ACTION) a. Letter from Pasteur and Teresa Yuen regarding Sunday parking ban on N. Santa Cruz Avenue. Mr. Siemens moved this be referred to staff for a response detailing the rationale of the parking prohibition. Mrs. Cannon seconded. Unanimously carried. b. Letter from the Chamber of Commerce regarding ordinance prohibiting living in vehicles. Mrs. Rasmussen moved Council direct the Town Attorney to draft an ordinance prohibiting living in vehicles and this be presented to Council on October 12, 1982. c. Letter from PG&E regarding gas rate adjustment. Note and file. PUBLIC HEARING SCHEDULES Information for Council members. RESOLUTION OF APPRECIATION Mr. Siemens moved for the adoption of Resolution No. 1982-167 entitled, A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS COMMENDING POLICE LIEUTENANT O.E. MC GOWEN FOR EXEMPLARY SERVICE TO THE TOWN. Mrs. Cannon seconded. Unanimously carried. RESOLUTION OF COMMENDATION Mr. Siemens moved for the adoption of Resolution No. 1982-168 entitled, A RESOLUTION HONORING ALBERT B. SMITH ON THE OCCASION OF PRESENTATION OF THE DISTINGUISHED EAGLE SCOUT AWARD, SEPTEMBER 25, 1982. Mrs. Cannon seconded. Unanimously carried. ENERGY CONSERVATION LOAN FUNDS Mr. Siemens moved for adoption of Resolution No. 1982-169 entitled, RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AUTHORIZING STAFF TO APPLY TO THE CALIFORNIA ENERGY COMMISSION FOR ENERGY CONSERVATION LOAN FUNDS. Mrs. Cannon seconded. Unanimously carried. PLANS & SPECS PEDRO'S WHEELCHAIR ACCESS Mr. Siemens moved to adopt Resolution No. 1982-170 entitled, RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS APPROVING PLANS AND SPECIFICATIONS FOR ACCESS MODIFICATIONS AT PEDRO'S RESTAURANT-316 NORTH SANTA CRUZ AVENUE. Mrs. Cannon seconded. Unanimously carried. EIR CONSULTANT CONTRACT Mr. Siemens moved for adoption of Resolution No. 1982-171 entitled, RESOLUTION AUTHORIZING AGREEMENT TO PREPARE A FOCUSED ENVIRONMENTAL IMPACT REPORT and authorize the Mayor to execute the agreement with Kreines & Kreines for completion of the proposed work. Mrs. Cannon seconded. Unanimously carried. HCD CITIZENS ADVISORY COMMITTEE No action taken on this. FLOOD CONTROL ZONE ADVISORY COMMITTEE Mr. Siemens moved that the Town Council reappoint James Van Houten as the representative of the Town, to the Central and North Central Flood Control Zone Advisory Committees and appoint Lee Bowman as the alternate Town representative. Mrs. Cannon seconded. Unanimously carried. PERSONNEL BOARD RECOMMENDATION Mr. Siemens moved to accept Personnel Board recommendation and findings that no action be taken pursuant to the request of Alan Lazure to change his classification and his salary range to that of Associate Planner. Mrs. Cannon seconded. Unanimously carried. SAN JOSE REFERRAL Mr. Ferrito referred to San Jose referral T-81-1-06, Harwood Road, Old Orchard Development Co., 3-lot subdivision and moved that Council direct staff to advise San Jose that unless San Jose requires the Old Orchard Development Co. to annex to the Town of Los Gatos, then the Town will not agree to any connection to Harwood Road and request a staff report as to the Town's rights. Mrs. Cannon seconded. Unanimously carried. Copy of said report be sent to San Jose Council member, Jim Beall. AMENDMENT TO STANDARD LIFE INSURANCE Mr. Siemens moved Council authorize the Town Manager to execute a contract amendment with Standard Life Insurance to provide for a life insurance program for retired employees, at their own expense, under the condition that staff will be investigating another carrier with life and disability when this said policy comes up for renewal. Mrs. Rasmussen seconded. Unanimously carried. CYPRESS WAY SLIDE REPAIR The Director of Public Works explained construction of wall. After some discussion, Mrs. Rasmussen moved for adoption of Resolution No. 1982-172 entitled, RESOLUTION OF THE TOWN OF LOS GATOS APPROVING PLANS AND SPECIFICATIONS FOR CYPRESS WAY SLIDE REPAIR. Mr. Siemens seconded. Unanimously carried. MINUTES Mr. Siemens moved for approval of minutes of September 7, 1982, with the correction on, RENT ARBITRATION AND RENT MEDIATION, page 2, as follows: Vote on Mr. Ferrito's motion to hold public hearing was carried by a unanimous vote. Correct spelling of Donni Grottes' name and vote on waiving the reading of the Arbitration Ordinance was carried by a roll call vote of ayes; Mrs. Cannon, Mr Ferrito, Mrs. Rasmussen and Mr. Siemens. Abstained; Mr. Ventura. Mrs. Rasmussen seconded. Unanimously carried. CHAMBER OF COMMERCE SIDEWALK SALE Mrs. Rasmussen moved that request from the Chamber of Commerce relative to their Fall Sidewalk Sale be approved. Mrs. Cannon seconded. Unanimously carried. RESPONSE TIME TO FIRES Mr. Knox, from the audience, spoke on the issue of structure fire at 214 Belvue Drive and questioned the fire trucks being placed where they can respond most readily and discussed the establishing of Fire Commission. Fire Chief Doug Sporleder spoke on this issue. It was Council consensus that this be discussed at the next Mayor's luncheon. No further action taken. PHOTOGRAPHIC GUILD REQUEST Mr. Jack Parsons of the Photographic Guild spoke on the request for fees on use of Neighborhood Center being waived for November 12th, 13th and 14th, 1982. After some discussion, Mrs. Rasmussen moved fees be waived as requested. Mr. Ventura seconded. Unanimously carried. AUGUST FINANCIAL REPORT Mrs. Rasmussen moved Council accept the August Financial reports from the Office of Town Clerk. Mr. Siemens seconded. Unanimously carried. AUGUST TREASURE'S REPORT Continued to next meeting. BANDOV APPEAL Mrs. Rasmussen moved this appeal be continued to November 1, 1982, meeting at the request of applicant. Mr. Ferrito seconded. Unanimously carried. MAGOO'S APPEAL Discussion was held on this issue and as Planning Commission has not held their hearing on this, Mrs. Rasmussen moved this be continued to November 1, 1982, if appellant is agreeable. Mrs. Cannon seconded. Carried by a vote of four ayes. Mr. Siemens voting no. (Appellant agreed to continuance). ANGELL APPEAL GUM TREE LANE Upon request of Appellant that this be continued, Mrs. Cannon moved for continuance to October 25, 1982, due to full schedule of hearings on October 4, 1982. Motion to include that residents in the area be notified. Mr. Ferrito seconded. Unanimously carried. HANNEGAN'S APPEAL HANDICAPPED ACCESS Mayor Ventura stated this was the time and place published for public hearing to consider the issue of a handicapped access being installed at Hannegan's. Chris Benson, owner of Hannegan's presented Council with drawing showing handicapped access ramp that has been installed. Mr. Jim Lewis spoke on this issue, stating the ramp is acceptable for handicapped use. Mr. Watson, Building Official, stated the ramp is useable. No one else wished to speak on this issue, Mr. Ferrito moved hearing be closed. Mrs. Rasmussen seconded. Unanimously carried. Mr. Ferrito moved that Council on the basis of Mr. Lewis' testimony that Council grant the appeal and motion is conditional on actual construction that exists being acceptable to the Building Official and asked that inspection be done within the next three (3) days. Mrs. Rasmussen seconded. Unanimously carried. The Attorney was authorized to draft a resolution granting the appeal and present to Council at the next meeting RECESS Mayor Ventura declared a recess. Meeting reconvened at 9:20 p.m. AMENDMENT TO ARBITRATION RULES Mr. Ferrito moved for adoption of Ordinance No. 1549 entitled, ORDINANCE AMENDING SECTION 24.40.050 OF THE TOWN CODE TO REQUIRE ARBITRATION UNDER THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION. Mr. Siemens seconded. Carried by a vote of three ayes. Mrs. Rasmussen voting no. Mayor Ventura abstained. AMENDMENT TO RENT MEDIATION Mr. Siemens moved for adoption of Ordinance No. 1550 entitled, ORDINANCE AMENDMENT TO SECTION 24.10.025 OF THE TOWN CODE TO EXTEND THE EXPIRATION DATE OF CHAPTER 24, (Extends ordinance to January 6, 1983). Mr. Ferrito seconded. Carried by a vote of three ayes. Mrs. Rasmussen voting no and Mayor Ventura abstained. PUSHCARTS Discussion was held on the regulations of pushcarts regarding fees required by peddlers in Town. The Town Attorney, Mr. Hays, referred to the proposed draft of Ordinance governing pushcarts incorporating suggestions of Council, Chamber of Commerce and Council subcommittee. Discussion was on regulations of pushcarts and setting certain rules and requirements. Speaking on the issue was Judy Howell of the Chamber of Commerce, stating one of the things lacking in the ordinance was the checking and control of people operating the pushcarts. Discussion was held on carts being stationary and being 300 feet from any eating establishment. Ron Cohen spoke on the issue stating the majority of people polled on this issue were in favor of having pushcarts in the Town. Lane Reed and Bob Hamley also spoke on the issue. After further discussion, Mrs. Cannon moved to ban pushcarts except at special organizational events that are held in the Town. Mrs. Rasmussen seconded. Carried by a vote of three ayes. Mr. Ventura and Mr. Ferrito voting no. The Town Attorney to draft the necessary ordinance prohibiting pushcarts except at events as stated. This ordinance to be presented to the subcommittee of Mrs. Rasmussen and Mayor Ventura and report back to Council at a later date. APPEAL MUSICH 15690 LOS GATOS BLVD. Mr. Siemens moved Council adopt Resolution No. 1982-173, entitled RESOLUTION GRANTING AN APPEAL FROM THE TOWN PLANNING COMMISSION. Mrs. Cannon seconded. Carried by a vote of three ayes. Mr. Ferrito voting no. Mayor Ventura did not vote on this issue. VALLEY FAIR FOODS INC. APPEAL Mr. Ferrito moved for adoption of Resolution No. 1982-174 entitled, RESOLUTION DENYING APPEAL FROM TOWN PLANNING COMMISSION-15300 LOS GATOS BOULEVARD, VALLEY FOOD FAIR, INC. Mrs. Rasmussen seconded. Unanimously carried. CRUISING ORDINANCE Discussion was held on Cruising and related legislation. The Town Attorney presented Council with a copy of AB-2579 along with two proposed ordinances. The first ordinance would amend the Town Code to conform to the cruising legislation now specifically authorized by the Vehicle Code as amended. The second ordinance implements the additional authority to divert traffic provided in Vehicle Code 21101.2 as amended, which give the Police Department one additional tool to control cruising and traffic problems. After further discussion, Mrs. Rasmussen moved reading be waived for ORDINANCE AMENDING CHAPTER 16, ARTICLE X OF THE TOWN CODE TO DELETE THE FORMER CRUISING ORDINANCE AND SUBSTITUTE AN ORDINANCE SPECIFICALLY ALLOWED BY SECTION 21100(k) OF THE CALIFORNIA VEHICLE CODE. Mayor Ventura seconded. Unanimously carried. Clerk read title. Mrs. Cannon moved ordinance be introduced. Mrs. Rasmussen seconded. Unanimously carried. Mr. Ferrito moved reading be waived for ORDINANCE ADDING SECTION 16-21.1 TO THE TOWN CODE IMPLEMENTING THE AUTHORITY GRANTING BY CALIFORNIA VEHICLE CODE SECTION 21101.2 TO DIVERT TRAFFIC UNDER CONGESTED CONDITIONS. Mrs. Cannon seconded. Unanimously carried. Clerk read title, Mr. Siemens moved Ordinance be introduced. Mr. Ferrito seconded. Unanimously carried. Mr. Ferrito moved that Council request a report from the Police in mid July of 1983 indicating how many time cruising ordinance was used, how many times the ordinance on diverting traffic was used and how many citations issued under each ordinance. Mayor Ventura seconded. Unanimously carried. CLAIM FOR DAMAGES Mrs. Rasmussen moved Council accept staff recommendation and claim for damages filed by State Farm Insurance (on behalf of Ed & Wimmer Lackey), claim filed on behalf of Agostino Ruberto, Jr. and claim filed on behalf of Andrea Macer be denied. Mrs. Cannon seconded. Unanimously carried. KNOWLES DRIVE TRAFFIC NOISE Mr. Robert Flynn, representing the Foothills of Los Gatos residents, spoke on their letter to Council requesting Town participation in the construction of a sound wall to reduce traffic noise from auto and truck traffic on Knowles Drive for those lots in the tract bordering Knowles Drive. Discussion was held on this issue and no action was taken. Mayor Ventura moved this be scheduled and considered in next years budget under the Capital Improvement Program. Mr. Siemens seconded. Motion carried by a vote of four ayes. Mrs. Rasmussen voting no. YOUTH EMPLOYMENT PROGRAM Mrs. Rasmussen moved to accept staff recommendation and establish policy for non resident fees and staff to report back in three months. Mayor Ventura seconded. Unanimously carried. SHADY LANE EMBANKMENT PROBLEM Mr. Siemens moved to accept staff recommendation and authorize staff to participate with Mr. Hernandez in a limited bank stabilization project in exchange for a written waiver of any future liability. Mrs. Rasmussen seconded. Unanimously carried. SPEED LIMIT SARATOGA AVENUE Mr. Siemens moved to oppose proposed changes of speed limit and advise the State of said opposition, also request a follow up on the signing of Highway 17 and voice Town's opposition to State having local cities pay for widening of State highway. Mr. Ferrito seconded. Unanimously carried. BROADWAY EXTENSION PARKING Mrs. Cannon moved that Council reaffirm its prior decision to prohibit parking on Broadway Extension. Mayor Ventura seconded. Carried by a vote of four ayes. Mr. Siemens voting no. SEWER LATERAL MAINTENANCE Mrs. Cannon moved to accept staff recommendation and Council tentatively approve alternate #2 as described (Town staff would check the main and clean or repair the sewer lateral (in the public right-of-way), if there is a sewer clean-out (accessible ) in front yard. If There is no accessible sewer clean-out staff would instruct the property owner or tenant to call a plumber to install the clean-out and the Town would clean or repair the lateral). Mayor Ventura seconded. Carried unanimously. OAK KNOLL DRIVE ZONE CHANGE COLLISHAW Mr. Ferrito moved for adoption of Ordinance No. 1551 entitled, AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONING ORDINANCE EFFECTING ZONE CHANGE NO. 60 FROM HR-1 TO HR-1-PD. Mayor Ventura seconded. Carried by a vote of four ayes. Mrs. Rasmussen abstained. ZONE CHANGE 14700 OKA ROAD DENEVI Mr. Ferrito moved for adoption of Ordinance No. 1552 entitled, AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONING ORDINANCE EFFECTING ZONE CHANGE NO. 61 FROM R-1:8 TO R-1:8 PD. Mr. Siemens seconded. Carried by a vote of three ayes, Mr. Ventura voting no and Mrs. Rasmussen abstained. GREEN VALLEY MASTER FRANCHISE AGREEMENT Discussion was held on a proposed master franchise agreement. Assistant Town Manager, Nadine Levin, spoke on negotiations. No action taken. CROSSWALK BLOSSOM HILL ROAD AT VASONA PARK Discussion was held on the danger of said crosswalk across Blossom Hill Road and of the possibility of a crosswalk going under the bridge. No action taken. PCB TRANSFORMERS The Town Manager reported on letter received from PG&E and the locations of PCB transformers in Los Gatos and stated removal of said transformers should be completed in 1983. PG&E to give quarterly follow-up reports. Mrs. Cannon requested staff to check on complaint of brush growing and hanging over the sidewalk on Saratoga Avenue at Los Gatos Boulevard. ADJOURNMENT Mayor declared the meeting adjourned at 11:20 p.m., to executive session and stated a report on executive session will be given at the next meeting.