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M 01-04-82TOWN OF LOS GATOS TOWN COUNCIL MEETING JANUARY 4, 1982 TOWN COUNCIL The Town Council of the Town of Los Gatos met in the Council Chambers of the Town Hall at 7:35 p.m., in regular session. ROLL CALL PRESENT: Thomas J. Ferrito, Marlyn J. Rasmussen, Brent N. Ventura and Mayor Peter Siemens. ABSENT: Ruth Cannon. PLEDGE OF ALLEGIANCE Given by all in attendance. REPORT RE EXECUTIVE SESSION Mayor Siemens reported on the Executive Session that was held prior to the Council meeting, stating the following matters were discussed: 1. Personnel matter-labor negotiations 2. Novitiate litigation appeal-Mr Ventura moved Council appeal the reduced judgement. Mr. Ferrito seconded. Unanimously carried. 3. Possible zoning violation litigation. 4. Status report from Attorney on the Bandov litigation. 5. Status report from Attorney on Pedro's litigation. 6. Discussed litigation re Police Officer action. PRESENTATIONS Mr. William Stephens representing the Rotary Club, and Mr. Rex Morton, representing the Kiwanis Club, presented the 4th Historical Painting to Mayor Peter W. Siemens. The painting is of the Miles House located at Miles and Edelen Avenue and will be on display in the Mayor's Office in the Town Hall at this time. Mr. William Stephens, representing the Pacific Gas and Electric Co., stated due to the Town's participation in the Street Light Conversion projects to conserve energy, it gave him great pleasure to present Mayor Siemens with the Energy Conservation Achievement Award plaque. Mr. Ventura stated, Mr. Stephens is retiring from his position with the Pacific Gas and Electric Co., he would moved that an appropriate Resolution of Commendation, for his services to the community, be prepared for Mr. Stephens. Mrs. Rasmussen seconded. Unanimously carried. EX-AGENDA ITEMS Mrs. Rasmussen moved the resolution regarding Martin Luther King Day be taken up at the end of the Council meeting and become item 30 on the agenda. Mr. Ferrito seconded. Unanimously carried. Mayor Siemens letters regarding Winchester Boulevard would become item 31 on the agenda. WRITTEN COMMUNICATIONS Mrs. Rasmussen moved letter from O. L. Johns concerning complaint regarding bus patrons blocking the entrance to the entrance to his business at 151 N. Santa Cruz Avenue be referred to the Town Attorney for response. Mr. Ventura seconded. Unanimously carried. Mrs. Rasmussen moved letters from Jim Lewis regarding building violations in not complying with the Handicapped access laws for commercial building at 15951 Los Gatos Boulevard and Police enforcement of illegal parking in handicapped designated stalls, be referred to the Town Manager for report at the January 18, 1892 meeting. Mr. Ventura seconded. Unanimously carried. LAND USE REFERRALS Mrs. Rasmussen moved Council accept staff report and recommendations on the following: 1414-26-41-82B-81V Zella Court Briggs Variance to reduce front and side setbacks to allow reconstruction of a house destroyed by fire no comment. 1578-33-44-81G Soda Springs Rd. Wokoek Grading Permit no comment. MSR 254 Bruce Avenue Marsan Enterprises 5 lot subdiv. Council to forward Planning report to Monte Sereno. GPA-82-1 City-wide City of Saratoga Draft EIR for General Plan Review no comment. JANUARY PLANNING REPORT Mrs. Rasmussen moved Council accept the Planning report for the month of January, 1982. Mr. Ventura seconded. Unanimously carried. COMMUNITY SERVICES AND DEVELOPMENT COMMISSION VACANCIES Mrs. Rasmussen moved Council direct the Town Clerk to publish a Notice of Vacancies for three positions on the Community Services and Development Commission and schedule interviews of applicants for January 18, 1982. Mr. Ventura seconded. Unanimously carried. COMMENDATION Mrs. Rasmussen moved for adoption of Resolution No. 1982-1 entitled, A RESOLUTION COMMENDING GERTRUDE R. KNOTT for services as a board member of the Council on Aging of Santa Clara County. Mr. Ventura seconded. Unanimously carried. SCHEDULE OF HEARINGS Council accepted the schedule of public hearings (information only). PROJECT 264-HCDA WHEELCHAIR RAMPS Mrs. Rasmussen moved for adoption of Resolution No. 1982-2 entitled, RESOLUTION OF THE TOWN OF LOS GATOS APPROVING PLANS AND SPECIFICATIONS FOR WHEELCHAIR RAMPS, PHASE 11-PROJECT 264 HCDA. Clerk to advertise for bids and bid opening date set for 3:00 p.m., Wednesday, February 3rd, 1982. Mr. Ventura seconded. Unanimously carried. COMMENDATION Mrs. Rasmussen moved for adoption of Resolution No. 1982-3 entitled, A RESOLUTION COMMENDING BRAD CLIFFORD for services as a member of the Planning Commission. Mr. Ventura seconded. Unanimously carried. SUPPLEMENTAL APPROPRIATION 80-7301 Mrs. Rasmussen moved to approve supplemental appropriation in the amount of $1,026.82, from Bond Construction Fund 80-7301 and authorize the Town Clerk to make the appropriate refunds. Mr. Ventura seconded. Unanimously carried. T.E.A. CLASSIFICATION STUDY Mrs. Rasmussen moved for adoption of Resolution No. 1982-4 entitled, A RESOLUTION AUTHORIZING THE TOWN MANAGER TO NEGOTIATE AND EXECUTE A CONTRACT WITH THE COUNTY EMPLOYEE RELATIONS SERVICE, and authorize the transfer of $6,000.00, from contingency to GTA Contractual Services account. Mr. Ventura seconded. Unanimously carried. ANNEXATION TO SANITATION DIST. #4-SULLIVAN Mrs. Rasmussen moved to accept staff recommendation and approve the annexation of the Sullivan property to County Sanitation District No. 4, with the provision that the property owner enter into an agreement for future annexation to the Town of Los Gatos and direct staff to prepare an agreement for future annexations. Mr. Ventura seconded. Unanimously carried. SARATOGA AVE. BUS LOADING ZONE Mrs. Rasmussen moved for adoption of Resolution No. 1982-5 entitled, BUS LOADING ZONE-SARATOGA AVENUE. This establishes a bus loading zone on the south side of Saratoga Avenue west of University Avenue. Mr. Ventura seconded. Unanimously carried. PARKING RESTRICTIONS-KNOWLES DRIVE Mrs. Rasmussen moved for adoption of Resolution No. 1982-6 entitled, PARKING RESTRICTION-KNOWLES DRIVE (prohibiting parking on the south side of Knowles Drive from Pollard Road to Capri Drive). Mr. Ventura seconded. Unanimously carried. PARKING RESTRICTIONS-ORCHARD STREET Mrs. Rasmussen moved for adoption of Resolution No. 1982-7 entitled, PARKING RESTRICTION-ORCHARD STREET AND WEST CENTRAL AVENUE (prohibiting parking on both sides of Orchard Street and West Central Avenue). Mr. Ventura seconded. Unanimously carried. WEDGEWOOD AVE. STOP SIGNS Mrs. Rasmussen moved Council accept the updated informational staff review of Wedgewood Avenue traffic enforcement and the stop sign installation at the intersection of Lora, Mulberry and LaRinconada Drives. Mr. Ventura seconded. Unanimously carried. CLAIM FOR DAMAGES CUTRIGHT Mrs. Rasmussen moved Council accept staff report and deny the claim for damages filed on behalf of Craig Cutright. Mr. Ventura seconded. Unanimously carried. PAYROLL AND WARRANT DEMANDS DECEMBER Mrs. Rasmussen moved Council approve the December payroll in the amount of $274,519.19 and the warrant demands in the amount of $390,362.97. Mr. Ventura seconded. Unanimously carried. MINUTES Mr. Ventura requested correction of the December 21, 1981 Council minutes as follows: Page 2-subject-WRITTEN COMMUNICATIONS 7, motion should read, Mr. Ventura moved that letter be written Mrs. Rodenburg stating Council has no jurisdiction but a copy of her letter will be forwarded to the Senior Coordinating Council. Page 2-subject-KAVIN LANE PLAN LINE, Mr. Ventura wished it noted that if final development differs significantly from current plans then should be brought back to Council. Page 4-subject-BILATERAL NUCLEAR WEAPONS, to read, Mr. Ventura moved Resolution No. 1982-247 entitled, A RESOLUTION OF THE TOWN COUNCIL ENDORSING THE CALIFORNIA BILATERAL NUCLEAR WEAPONS FREEZE INITIATIVE, be adopted with the addition of "WHEREAS, Town Council support an initiative on this issue to encourage debate and dialogue on this critical issue." Mr. Ferrito seconded. Motion carried by three ayes with Mrs. Rasmussen abstaining. Page 4-add-STATUS REPORT ON HANDICAPPED ACCESS POLICIES- Council accepted status report on handicapped access policies. Mrs. Rasmussen moved minutes of November 16, 1981, be approved and minutes of December 21, 1981, be approved as corrected. Mr. Ventura seconded. Unanimously carried. WEST VALLEY ASSIST-MTC/TDA GRANT Mr. Mora spoke of West Valley Assist's request for amendment to Town MTC/TDA grant and recommended denial of request. Bill Doyle, President of West Valley Assist, spoke for the request and against combining West Valley Assist and Transit Assist, stating both programs are needed and explained the various duties of each. Claudia Vale spoke on the history and the establishing of the West Valley Assist program and the needs for such a program. Sheryl Haywood, representing Transit Assist, spoke against the combining of the two programs. Rhoda Garadelli spoke against the discontinuance of West Valley Assist program as did Paul Crider. Egon Jensen, President of the Taxpayer's Association, suggested that the programs continue as they are. After further discussion, Mrs. Rasmussen moved Council grant West Valley Assist's request to amend the Town's MTC/TDA grant and refer the matter back to staff for consideration, in the next fiscal year, for a possible combined program. Mr. Ventura seconded. Unanimously carried. RECONSTRUCTION NON-CONFORMING BUILDINGS ORDINANCE EXTENSION Mayor Siemens stated this was the time and place duly published for public hearing to consider the extension of an Urgency Ordinance regarding reconstruction of non- conforming buildings. There being no one in the audience wishing to speak on this issue, Mr. Ferrito moved hearing be closed. Mr. Ventura seconded. Unanimously carries. Mr. Ferrito moved reading be waived for AN URGENCY ORDINANCE OF THE TOWN OF LOS GATOS EXTENDING ORDINANCE NO. 1487 FOR ONE YEAR. Mr. Ventura seconded. Unanimously carried. Clerk read title. Mr. Ferrito moved for adoption of Ordinance. Mr. Ventura seconded. Motion failed by vote of three ayes. Mrs. Rasmussen voting no. Mrs. Cannon was absent. (4/5 vote was required). Mr. Ferrito then moved that said Ordinance be introduced as a regular Ordinance and not an Urgency Ordinance. Mr. Ventura seconded. Carried by a vote of three ayes. Mrs. Rasmussen voting no. The Town Attorney stated this is a zoning matter it cannot be introduced tonight as a regular ordinance but must be referred back to Planning Commission. Mr. Ferrito moved matter be referred to Planning Commission for their recommendation. Mr. Ventura seconded. Unanimously carried. APPEAL-BING TAM-20 S. SANTA CRUZ Mayor Siemens stated this was the time and place duly published for public hearing to consider the appeal of Planning Commission's denial of Conditional Use Permit application U-77-42A requesting approval to serve beer and wine as part of an existing restaurant in the C-2 Zone. Mr. Tam, appellant, spoke on behalf of the application stating it is a small business and cannot see any problems would arise from the sale of beer and wine at said premises, and presented Council with an petition signed by 415 patrons requesting that Mr. Tams restaurant be allowed to serve beer and wine. Warren Bisbee, 18400 Overlook Road, stated due to the limited seating and limited hours, he would urge Council to grant the appeal. Mr. Ferrito stated for the record, according to Planning Commission minutes, the Planning Director indicated that it is standard procedure to inform applicants that the likelihood of an approval of a downtown beer and wine license application is doubtful. Mr. Ferrito asked the Planning Director if the applicant had been informed and the answer was yes. Mr. Ventura then stated, for the record, that Council received two letters from the Police Chief urging various Commissions and decision making bodies not to approve another alcohol and beer license. Jeanette Marino, representing Mr. Tam, stated if there was no hope for applicant to receive approval she could see no reason for the Planning Department to accept Mr. Ram's money for the application which is non-refundable. After further discussion and no one else wished to speak on this issue, Mrs. Rasmussen moved hearing be closed. Mr. Ventura seconded. Unanimously carried. Mrs. Rasmussen moved appeal be denied and authorized the Attorney to prepare appropriate resolution for Council consideration at their next regular meeting. Mr. Ventura seconded. Unanimously carried. RECESS Mayor Siemens declared a recess. Meeting reconvened at 9:35 p.m. ELECTION CONSOLIDATION Mayor Siemens stated this was the time and place duly published for public hearing to consider the possibility of consolidating the local April election with the statewide primary election being held in June, 1982; the Statewide general election being held in November, 1982 or the School District election which is held in November, 1983. The Town Manager referred to his report regarding possible consolidation of Town's election as provided in new legislation SB 230. The report contains information on percentage of voter turnout, for recent elections; decision on consolidation made by other Santa Clara County municipalities; cost savings to the Town with various consolidations and advantages and disadvantages. Speaking on the issue were Catherine Smith, Eric Carlson, Barbara Spector, Terry Daily, Tom Baer, Jo Bartlett, Randy Grimes, Mrs. Frankx, Elwood Voekler, Frank Howell, Egon Jensen, Al Martinski, Bobbie and Walt Crafford, Warren Bisbee, Kathy Morgan and Marlon Smith. After further discussion and no one else wished to speak on this issue, Mrs. Rasmussen moved hearing be closed. Mr. Ventura seconded. Unanimously carried. Mayor siemens moved to introduce Ordinance changing the date of the General Municipal election from April to the same day as the Local School District Election of November, 1983. Mr. Ventura seconded. Clerk read Ordinance as follows: "ORDINANCE NO._____, entitled, AN ORDINANCE OF THE TOWN OF LOS GATOS CHANGING THE DATE OF GENERAL MUNICIPAL ELECTIONS FROM THE SECOND TUESDAY IN APRIL TO THE SAME DAY AS THE LOCAL SCHOOL DISTRICT ELECTION. The Town of Los Gatos hereby ordains: Pursuant to California Government Code Section 36503.5, general municipal elections in the Town shall be held on the same day as the local school district election, commencing in 1983." Motion to introduce Ordinance carried on Roll Call vote of Ayes: Mr. Ferrito, Mr. Ventura and Mayor Siemens. No Mrs. Rasmussen. Absent: Mrs. Cannon. Mayor Siemens moved that advisory measure be placed on the June ballot concerning election date change on whether the date should be November, 1982 or as with November, 1983 as Council has chosen. Mr. Ferrito seconded. Carried by a vote of three ayes. Mrs. Rasmussen voted no. Staff to prepare statement to rationale for change. This to be mailed to all registered voters in Los Gatos. OMBUDSMAN PROGRAM Gary Perkins reported to Council on the Ombudsman Program and asked Los Gatos to communicate with Palo Alto, Saratoga and San Jose re Los Gatos support of the Program. Mrs. Rasmussen moved letter be sent as requested, reaffirming Town of Los Gatos' support of said program. Mr. Ventura seconded. Unanimously carried. YOUTH WEEK Mr. Terry Daily and Charles Drummond, members of the Youth Advisory Commission, presented a proposal of the Youth Advisory Commission regarding Youth Week '82. After discussion of the different activities, Mr. Ventura moved Council approve the Youth Week concept and authorize the Youth Advisory Commission to proceed with its implementation. Mr. Ferrito seconded. Unanimously carried. PROPOSED BONNIE LANE ASSESSMENT DIST Mrs. Rasmussen moved that Council approve the recommended process and direct staff to proceed with the project, but would like a break down on the costs. Mr. Ferrito seconded. Unanimously carried. BICYCLE FACILITIES TDA ARTICLE 3 FUNDS Mr. Ventura moved to accept staff recommendation and approve the proposal to construct a Bicycle-Pedestrian Path on the east side of Los Gatos Creek (west side of Roberts Road) from Blossom Hill Road, south to the Roberts Road bridge. Mrs. Rasmussen seconded. Unanimously carried. REPORT-POLICE VEHICLE FLEET Report is for information only. No action taken. IMPROVEMENT PARKING DIST.#1 Mrs. Rasmussen moved to approve the removal of the concrete island in the parking lot which was built to protect an existing tree. The tree died and was cut down. With the removal of the concrete island, eleven (11) additional parking stalls could be added. Staff directed to bring back landscaping plan to Council. Mr. Ventura seconded. Unanimously carried. SOUTH BAY COOPERATIVE LIBRARY SYSTEM Mr. Ferrito moved for adoption of Resolution No. 1982-8 entitled, A RESOLUTION APPROVING RECOMMENDATION THAT THE LOS GATOS LIBRARY BECOMES A MEMBER OF THE SOUTH BAY COOPERATIVE LIBRARY SYSTEM. Mrs. Rasmussen seconded. Unanimously carried. CULTURAL RESOURCES COMMISSION REQUEST Mr. Ferrito moved this request on children's ballet be continued to the January 11, 1982 meeting as need further information regarding this request. Mrs. Rasmussen seconded. Unanimously carried. MARTIN LUTHER KING DAY Mr. Ventura moved for adoption of Resolution No. 1982-9 entitled, A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DECLARING JANUARY 15, 1982, AS DR. MARTIN LUTHER KING DAY. Mrs. Rasmussen seconded. Unanimously carried. WINCHESTER BOULEVARD COMPLAINTS Mr. Van Houten, Director of Public Works, stated the questions regarding complaints received in said letters regarding safety aspects of the left turn lane on Winchester Blvd., (at the intersection of LaRinconada Drive) are being studied and recommends putting in an island in the 2-way left turn lane north of LaRinconada Drive. At this time he would recommend putting in paint and raised bars first to be sure that is the way Council wants it and then come back and landscape at a later date. After further discussion, it was consensus of Council to ask for staff report back to Council at their February 1, 1982, meeting regarding the proposed alternatives. ADJOURNMENT Mrs. Rasmussen, at 11:35 p.m., moved meeting be adjourned to 7:30 p.m., Monday, January 11, 1982. To consider adoption of Ordinance regarding election consolidation, interviewing Planning Commissioner applicants and make appointment to said Planning Commission. Mr. Ferrito seconded. Unanimously carried.