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M 04-04-83TOWN OF LOS GATOS CALIFORNIA TOWN COUNCIL/PARKING AUTHORITY AGENDA APRIL 4, 1983 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. holding interviews of Consultants ROLL CALL PRESENT:Joanne Benjamin, Terrance J. Daily, Marlyn J. Rasmussen and Mayor Brent N. Ventura. ABSENT:Thomas J. Ferrito PLEDGE OF ALLEGIANCE Given by all in attendance. CLOSED SESSION REPORT Mayor Ventura stated prior to Council meeting, Council met in closed session and discussed the following: Toll House lawsuit; Downey Savings lawsuit; Personnel matter and Labor Relations items. EX-AGENDA ITEM Mrs. Rasmussen moved the following items be added to the agenda as recommended by staff. 21-A Report regarding sewer failure at Alta Vista Tract. 19-A Community Housing Developers Group Home, Zoning issues. 21-B Request from Stop Neighborhood Prison-request for use of Town Hall grounds to hold a rally on April 23, 1983. Mrs. Benjamin seconded. Carried unanimously. APPOINTMENTS-PARK COMMISSION Mayor Ventura stated it has been noted there are two vacancies on the Park Commission and Mrs. Laurette Kirkendall and Mr. Butts have applied for reappointment. Mrs. Benjamin moved for the reappointment of Laurette Kirkendall and Paul Butts. Mrs. Rasmussen seconded. Carried unanimously. BID AWARD-TRAFFIC SIGNAL PROJECT 255-SS The Town Manager reported on Council's request for staff to work with low bidder on the project (Steiney & Company), to see if the Town could get an extension on the bid. Staff has contacted Steiney & Company and they have agreed to an extension of the bid to July 20, 1983. Mr. Van Houten, Director of Public Works, informed Council that the Town has not, to date, received report from Caltrans, Mr. Daily questioned whether Town could put up their own signs. The answer was no, the State has control on Saratoga Avenue. After further discussion, Mrs. Rasmussen moved Council accept staff recommendation. Mayor Ventura stated Mr. Ferrito had requested this issue be delayed until next meeting. Mrs. Rasmussen's motion died for lack of second. Discussion was held on how the Town could accomplish implementing alternate #4. Mr. Van Houten stated the Town would not be able to implement left turn prohibition from Saratoga Avenue. Mrs. Benjamin spoke on concerns regarding blocking off of Montgomery and how this would hurt businesses in that area. Mrs. Benjamin moved Council accept staff recommendation and award contract. Discussion was held on Mr. Ferrito's request for continuance. Mrs. Benjamin withdrew her motion. Mrs. Rasmussen moved bid award be continued for two weeks as requested by Mr. Ferrito. Mr. Daily seconded. Carried unanimously.Carried unanimously. Discussion was held regarding making any amendments without holding a public hearing. Mrs. Benjamin moved public hearing be scheduled for May 2nd, 1983. Mr. Daily seconded. Carried unanimously. Mrs. Rasmussen suggested that Council have a policy procedure, whereas, when a council member will be absent from a meeting and wishes the agenda item continued that this request be in writing to staff and other council members so it could be noted prior to meeting. Larry Pegram, from audience, spoke in opposition of deferring implementation of the traffic diversion which majority of community had agreed upon two months ago. BONNIE LANE ASSESSMENT The Town Manager stated the Town had acquired all necessary rights-of-way at this time. Mrs. Rasmussen moved Council adopt Resolution No. 1983-62 entitled, RESOLUTION AWARDING THE BID FOR BONNIE LANE ASSESSMENT DISTRICT PROJECT. Bid was awarded to Piazza Construction Company, Inc. Mr. Daily seconded. Carried unanimously. WRITTEN COMMUNICATIONS (REFERRAL/FILE) a-c. Letters from Bob Kirkendall, J. Baxter Gardner and Joy Hulme regarding street closures of Montgomery Street, Rose Avenue and San Benito Avenue. Mrs. Rasmussen moved letter be sent to each of the above informing them of public hearing scheduled for May 2nd, 1983, at which time these street closures will be discussed. Mr. Daily seconded. Carried unanimously. d. Petition requesting signal installation at the intersection of Los Gatos Boulevard and Spencer Avenue. Mrs. Rasmussen moved this request be referred to staff for analysis and report during budget hearings. Mr. Daily seconded. Carried unanimously. e. Letter from West Valley Multi-Modal Task Force. Mrs. rasmussen moved Council refer this to staff for report and recommendation for meeting of April 18, 1983. Mr. Daily seconded. Carried unanimously. f. Letter from Chamber of Commerce requesting Council consideration and approval to hold the Fiesta de Los Gatos on August 27 and 28th, 1983. Mr. Daily asked that serving of wine be limited to Oak Meadow Park and asked that that be added as #4 under preference of locations and also request Police report. Mrs. Rasmussen moved this request be referred to staff for report and recommendation on April 18, 1983. Mr. Daily seconded. Carried unanimously. NOTICE OF COMPLETIONS Mrs. Rasmussen moved for approval of Certificate of Acceptance and Notice of Completion for the following: Project 278-RS. Civic Center Restroom Modification, and Tract 7034, Corte de Los Gatos at 15951 Los Gatos Blvd. Mr. Daily seconded. Carried unanimously. REVENUE SHARING APPLICATIONS Mrs. Rasmussen moved to accept staff recommendation and refer all Federal Revenue applications to the Advisory Committee for review and recommendation. Mr. Daily seconded. Carried unanimously. PLANNING REPORT Mrs. Rasmussen moved Council accept Planning Department monthly report including Planning Commission/Planning Department priorities April through June, 1983. Mr. Daily seconded. Carried unanimously. COUNTY REFERRALS Mrs. Rasmussen moved Council accept staff recommendation on the following: 1865-30-45-83S 17915 Soda Springs Moga 3-lot Subd. No comment. 1374-30-52-81P 16400 Englewood Ave. Beadle Town appeal continued by Board of Supervisors to 4/19/83. Mr. Daily seconded. Carried unanimously. TRAFFIC SIGNALS SANTA CRUZ/MAIN & UNIVERSITY/MAIN Mayor Ventura moved Council approve the concept plans and direct staff to proceed with final plans and specifications. Mrs. Benjamin seconded. Carried unanimously. PROJECT 287-GF KENNEDY ROAD SIDEWALK Mrs. Rasmussen moved Council approve the concept plans and direct staff to proceed with final plans and specifications for Kennedy Road sidewalks. Mr. Daily seconded. Carried unanimously. STREET LIGHT CONVERSION PHASE 111 PROJECT 282 Mrs. Rasmussen moved for adoption of Resolution No. 1983-63 entitled, RESOLUTION OF THE tOWN OF LOS GATOS APPROVING PLANS AND SPECIFICATIONS FOR PROJECT NO. 282 (PHASE 111)-STREET LIGHT CONVERSION and authorize call for bids for May 4, 1983. Mr. Daily seconded. Carried unanimously. NOISE COMPLAINT BILLY JONES RAILROAD Mrs. Rasmussen moved Council direct staff to advise Mrs. Caperton of corrective measures being taken to minimize noise from Billy Jones Railroad. Mr. Daily seconded. Carried unanimously. HISTORIC DESIGNATION FOR 16660 CYPRESS WAY Mrs. Rasmussen moved for adoption of Ordinance No. 1574 entitled, AN ORDINANCE OF THE TOWN OF LOS GATOS DESIGNATING A STRUCTURE AS HISTORICALLY AND CULTURALLY SIGNIFICANT (property at 16660 Cypress Way). Mr. Daily seconded. Carried unanimously. MINUTES Mrs. Rasmussen moved minutes of March 21, 1983 be approved as corrected. Mr. Daily seconded. Carried unanimously. WRITTEN COMMUNICATIONS (FOR ACTION) a. Report from staff re request from Mr. Ariew to modify conditions on revocable permit for gate across Aztec Ridge Road. Mrs. Rasmussen moved that Council take no action on this request. Mrs. Benjamin seconded. Carried by vote of three ayes. Mayor Ventura voting no. b. High tech National Bank's request for closure of Montebello Way on July 3, 1983. Mrs. Rasmussen moved Council approve the request for use of Town Plaza and closure of Montebello Way on July 3, 1983, subject to the following conditions as recommended by staff: 1. Musical entertainment to meet all provisions of section 11.30.050 of the Los Gatos noise Ordinance on daytime limits. Subject to the exceptions in section 11.30.060, in the daytime (between the hours 7:00 a.m. and 9:00 p.m.), no person shall make a noise louder than 75 dba measured 25 feet from source. If a different limit is specified in section 11.30.060, no person shall make a noise louder than that limit. 2. No alcoholic beverage without further study and recommendation from the Police Department. 3. Applicant contact the Police and Parks Departments to coordinate general use of the Plaza and placement of displays and street barricades. 4. The Bank to pay any extra-ordinary cost's incurred by the Town. Mr. Daily seconded. Carried unanimously. c. Request from Eureka Federal Savings to rent parking spaces in Town Parking Lot between Bachman and Royce Street. Due to lack of parking in downtown area, Mrs. Rasmussen moved request be denied.. Mr. Daily seconded. Carried unanimously. Mayor Ventura and Vice Mayor Rasmussen to meet and discuss this issue with Mr. Davids of Eureka Federal Savings. d. Letter from Marilyn O'Toole resigning from the Town Personnel Board. Mrs. Benjamin moved Council accept resignation with regret and Resolution of Commendation be prepared for Council consideration at next meeting. Mr. Daily seconded. Carried unanimously. e. Request from Prometheus Development Company to extend date for completion of improvements at Forbes Mill Condo's. Tom Fleischli, project manager of said development, spoke re reasons for delays. Lee Bowman, Planning Director, spoke on extensions that have already been granted and is recommending denial of request. After further discussion Mrs. Rasmussen moved Council deny said request as outlined in Mr. Bowman's report/ Mr. Daily seconded. Carried unanimously. f. Letter from C. Burr Nissen resigning from the Cultural Resources Commission. Mrs. Rasmussen moved Council accept resignation with regret and Resolution of Commendation be prepared for Council consideration at next meeting. Mr. Ventura seconded. Carried unanimously. g. Letter from Los Gatos Meadow's requesting a street light be installed at S/W corner of Wood Road and South Santa Cruz Avenue. Town Manager reported to Council that reports re accidents at that intersection does not seem to warrant a light and cost for installing a light would cost approximately $3,000.00. After discussion it was consensus of Council to defer any action on this matter at this time and discuss the request under the Capital Improvement Program at budget hearings. h. Petition regarding public nuisance re Swanson Ford amplified business calls. Town Manager stated Mr. Swanson had advised him this was a new system recently installed and are attempting to bring the noise level down. Mayor Ventura stated he would be glad to meet with Mr. Swanson and the neighbors in the area to see if this problem could be resolved. i. Letter from Lowell Voelker (Eagle Scout) requesting a waiver of sign application fee for the purpose of making and installing an event sign to be placed on the Los Gatos High School property. This will be done as an Eagle Scout Project. Mrs. Rasmussen moved Council grant the request waiving the fees and comment Lowell Voelker for his work. Mrs. Benjamin seconded. Carried unanimously. MARCH PAYROLL Mr, Daily moved for approval of March payroll. Mayor Ventura seconded. Carried unanimously. FEBRUARY TREASURER REPORT Mrs. Rasmussen moved for approval of Treasurer's report for the month of February, 1983. Mr. Daily seconded. Carried unanimously. VERBAL COMMUNICATIONS Nancy Iverson, 17220 Phillips Avenue, spoke on fiscal responsibility for Democratic process and social responsibility. Cindy Williams, representing Explorer Preschool, 1302 Branham Lane, San Jose. Mrs. Williams stated the Los Gatos Parent Preschool and Explorer Preschool are sponsoring the Pickle Family Circus on May 14th and 15th, 1983 ad request Council permission to have an "informal" parade of 50-75 children and parents on April 28th at 3:30 p.m. The walk would start at Old Town parking lot. and proceed up Elm Street to N. Santa Cruz Avenue, up Santa Cruz to Town Plaza. Mayor Ventura stated this would be referred to staff for report to be presented at April 18, 1983 Council meeting. RENTAL MEDIATION RE ARBITRATION Town Attorney stated this was an Urgency Ordinance to provide for arbitration under Town Regulations. Due to lack of full Council and the need for four-fifths vote on an urgency ordinance Mrs. Rasmussen moved this item be continued to April 18th, 1983. Mr. Daily seconded. Carried unanimously. APPEAL DELI-49 E. MAIN STREET Town Manager Mora referred to letter received from Mr. & Mrs. Kay which points out that it is impossible to comply with condition 3b as added by Council on March 21, 1983. 93B STATES "a new light shall be installed at the top of the stairway, subject to approval by the Town Engineer). It was reported to Council that the stairway referred to does not belong to the property at 49. E. Main, but to the Forbes Mill Condo's. Discussion was held on placing of a light on the side of the building at 49 E., Main. After further discussion Mayor Ventura moved that condition 3b be changed to read "A new light shall be installed on the side of the building midway between the front and rear, subject to the approval of the Town Engineer". Mrs. Rasmussen seconded. Carried unanimously. Mrs. Rasmussen moved for adoption of Resolution No. 1983-64 entitled, RESOLUTION DENYING APPEAL FROM PLANNING COMMISSION (49 East Main Street - Kay). Mrs. Benjamin seconded. Carried by vote of three ayes. Mayor Ventura voting no. AMENDMENT VILLA VASONA DISPOSITION Town Attorney referred to Resolution No. 1983-57 adopted at the March 21. 1983 meeting and the amendment to the Occupancy Preference System as suggested by Mr. Daily. The Attorney stated HUD objected to said revision so before Council tonight is revised document on the Occupancy Preference System as approved by HUD. Mrs. Rasmussen moved for adoption of Resolution No. 1983-65 entitled, RESOLUTION AUTHORIZING FURTHER AMENDMENTS TO AGREEMENT FOR DISPOSITION OF PROPERTY DATED OCTOBER 27, 1982. Mrs Benjamin seconded. Carried by votes of three ayes. Mr. Daily abstained. COMMUNITY HOUSING DEVELOPERS GROUP HOME Town Attorney referred to Community Developers recently purchasing a home on Los Gatos Boulevard with the intention of using it to house eight senior citizens in a group living arrangement using one kitchen. The question is whether this kind of arrangement requires a use permit. After some discussion it was consensus of Council to refer this issue to staff and Planning Commission. REPORT ON BERRY SCHOOL SALE Town Manager referred to reports received from the other Town departments, and recommends no final action be taken tonight as School District has not set a minimum bid. This will be done at their meeting of April 13, 1983. Mr. Mora stated Council might wish to establish a joint committee of Council and School Board of Trustees to work together on possible options. Speaking on the issue were Lee Walton, Gary Gilmore, Richard abdaiah and Dr. Joseph Decker, President of Jewish Community Center. After discussion on bidding procedures, restrictions of purchase under Naylor bill, it was consensus of Council to refer this to staff for report on what School Board options are; what are the different alternatives, how acquisition will effect our funds, a lease purchase be investigated, and possibility of Town purchasing portion of land for open space, and agendized this for April 18th, 1983. ESTABLISHMENT OF NON-PROFIT CORPORATION CABLE TV Mrs. Benjamin moved Council approve in concept the draft Articles of Incorporation and instruct Town Attorney to draft final Articles of Incorporation for submission to the Secretary of State; and authorize staff to negotiate and execute a Lease Agreement with the Los Gatos Joint Union High School District for the provision of facilities for local origination and community access for the cable television system. Mr. Daily seconded. Carried unanimously. SEWER FAILURE TRACT 6309 & 6532 Mrs. Rasmussen moved Council accept staff recommendation declaring the sewer repair work as an emergency and authorize staff to repair the sewer without formal bidding; and approve a fund transfer for sewer maintenance from General Fund Contingency in the amount of $15,000. Mayor Ventura seconded. Carried unanimously. STOP NEIGHBORHOOD PRISONS RALLY Mr. Daily moved Council grant request for a rally to be held on April 23, 1983, with conditions as set forth in previous report. Mrs. Benjamin seconded. Carried unanimously. TOWN ATTORNEY CONSULTANT RECRUITMENT Town Manager reported since last meeting Mr. Hays has indicated his reconsideration of his resignation and has indicated that he would like to remain as Town Attorney, and willingness to provide legal services to the Town under the parameters previously established by Council. Mayor Ventura moved that due to lack of full Council the selection of Consultant for Town Attorney recruitment be continued and reagendized for April 18, 1983 and Mr. Hays directed to submit a proposal in writing to the Council. Mr. Daily seconded. Carried by vote of three ayes. Mrs. Rasmussen voting no. PREFERENTIAL PARKING FOR NON-RESIDENTS Town Manager stated a request had been received from a nonresident owner in the Almond Grove Area for the issuance of a preferential parking guest permit. Discussion was held on the need for such a permit. Mrs. Rasmussen moved Council direct Town Attorney to draft an amendment to the Preferential Parking Ordinance to allow for issuance of one permit per non-resident owner, and present to Council for their consideration. Mrs. Benjamin seconded. Carried unanimously. GUADALUPE COLLEGE SIGHT Town Manager reported that Little Hoover Commission's report had been received and each Council member was provided with a copy of said report plus a draft analysis of the report. Assemblyman Art Agnos introduced AB-2149 in the legislature after release of the report and Mr. Agnos is proposing acquisition of the Guadalupe College site by the State for a prison. Discussion was held re hiring of a lobbyist. The two firms in contention for hiring are Ochoa, Barbosa & Sillas or Dennis Valentine of Valentine, Inc. Mrs. Rasmussen moved Council hire the firm of Valentine Inc.. Motion dies for lack of second. After further discussion Mr. Daily move for adoption of RESOLUTION NO. 1983-66 entitled A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR LOBBYIST SERVICES (hiring of Ochoa, Barbosa and Sillas). and authorize a cap expenditure be set in the amount of $5,000.00. Mayor Ventura seconded. Carried unanimously. Mr. Charles Bedolla, representative of Sisters of Charity spoke on the issue of conflicting requirements of potential purchasers. He wants to be advised of any conditions that Town would impose on property, so he can advise any potential buyers. Town Manager stated concerns of Council had been set forth in previous report and he would see that Mr. Bedolla received a copy of these. Discussion was held on setting of Mayors committee meeting for April 10, 1983 at 7:00 p.m. in the Neighborhood Center. ADJOURNMENT Mayor Ventura declared the meeting adjourned at 10:40 p.m. ATTEST: Rose Aldag Town Clerk