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M 04-18-83TOWN OF LOS GATOS CALIFORNIA TOWN COUNCIL/PARKING AUTHORITY AGENDA APRIL 18, 1983 TOWN COUNCIL The Town Council of the Town of Los Gatos met in the Council Chambers of the Town Hall at 7;40 p.m., in regular session. ROLL CALL PRESENT:Joanne Benjamin, Terrance J. Daily, Thomas J. Ferrito and Mayor Brent N. Ventura. ABSENT:Marlyn J. Rasmussen PLEDGE OF ALLEGIANCE Given by all in attendance. REPORT-CLOSED SESSION Mayor Ventura stated prior to the Council meeting, the Council met in Closed Session and discussed potential litigation and a personnel matter. EX-AGENDA ITEMS Mr. Ferrito moved item (26a) Ann P. Bergman denial of claim for damages and (23a) approval of March, 1983 warrant demand list be added to the agenda. Mr. Daily seconded. Carried unanimously. BID AWARD-TRAFFIC SIGNAL SANTA CRUZ AVE/ANDREWS STREET (PRO 255- SS) Discussion wa held on this matter. Mr. Daily inquired if a decision had been reached by the State. Mr. Van Houten, Public Works Director, stated he should receive a final decision by the end of the week. The Decision is from District #4 Caltrans director. Mr. Ferrito requested a communication from Mr. Van Houten on the outcome of the states decision so action could be started before the next Council meeting, if the decision is unfavorable. Mr. Ferrito felt this item should be held for the public hearing on May 2, 1983. Mr. Daily concurred with Mr. Ferrito. After further discussion, Mrs. Benjamin moved to adopt Resolution No. 1983-67, PARKING RESTRICTION-NORTH SANTA CRUZ AVENUE AND ANDREWS STREET; award the contract for the installation of traffic signals at N. Santa Cruz Avenue and Andrews Street to Steiny & Company, Inc. based on their low bid of $57,914.50; and appropriate $60,000.00 from the General Fund Reserve for this project. Mayor Ventura seconded. Carried unanimously. WRITTEN COMMUNICATIONS (REFERRAL/FILE) a. Letter from the League of California Cities announcing a Legislative Conference. Note and file. b. Letter from the Santa Clara County LAFCO noticing of vacancies on this commission. Note and file. c. Letter from Joyce Brodie regarding Green Valley Disposal. Note and file. FUND TRANSFER LOBBYING CONTRACT OCHOA, BARBOSA & SILLAS Mr. Daily moved to approve the transfer of $5,000.00 from the General Fund Contingency to the General Town Administration for the lobbying services with the firm of Ochoa, Barbosa and Sillas. Mrs. Benjamin seconded. Carried unanimously. RESOLUTION OF APPRECIATION MARILYN O'TOOLE Mr. Daily moved to adopt Resolution No. 1983-68, entitled, A RESOLUTION COMMENDING MARILYN O'TOOLE. Mrs. Benjamin seconded. Carried unanimously. RESOLUTION OF APPRECIATION C. BURR NISSEN Mr. Daily moved to adopt Resolution No. 1983-69, entitled, A RESOLUTION COMMENDING C. BURR NISSEN. Mrs. Benjamin seconded Carried unanimously. COUNTY REFERRALS Mr. Daily moved to accept staff recommendation on the following: 1873-27-83A 21446 Broadway Batchelor Remodeling gas station no comment 1874-26-48-83LA 19241 Montara Dr. Modir Lot line adjustment No comment. 1840-34-50-83G Deer Park Court Starrett County instructed applicant to discuss with the Town our concerns about the grading. Applicant's engineer has contacted Public Works. Mrs. Benjamin seconded. Carried unanimously. PUBLIC HEARING SCHEDULE Council information only. CONTRACT-STATE PERSONNEL BOARD Mr. Daily moved to adopt Resolution No. 1983-70 entitled, A RESOLUTION AUTHORIZING A COST SERVICE CONTRACT AGREEMENT WITH THE STATE PERSONNEL BOARD, and authorize the Town Manager to execute the agreement. Mrs. Benjamin seconded. Carried unanimously. CERTIFICATE OF ACCEPTANCE & NOTICES OF COMPLETION Mr. Daily moved to accept staff recommendation and authorize the Mayor to execute and the Clerk to record Notices of Completion and certificates of Acceptance for the following: a. Interstate Bank, 14251 Winchester Boulevard b. Kring, 15475 Los Gatos Boulevard c. Cosentino, 200 Surmont Drive d. Los Gatos Athletic Club, 291 E. Main Street Mrs. Benjamin seconded. Carried unanimously. KNOWLES DRIVE ASSESSMENT PARCEL # 8 Mr. Daily moved to adopt Resolution No. 1983-71 entitled, RESOLUTION APPROVING ACCEPTING ASSESSMENT DIAGRAM AND ROLL FOR ASSESSMENT PARCEL 8- KNOWLES DRIVE ASSESSMENT DISTRICT NO. 81-2. Mrs. Benjamin seconded. Carried unanimously. BONNIE LANE ASSESSMENT DISTRICT RIGHT-OF-WAY CONTRACT Mr. Daily moved to adopt Resolution No. 1983-72 entitled, RESOLUTION APPROVING RIGHT-OF-WAY AGREEMENTS-BONNIE LANE ASSESSMENT DISTRICT. Mrs Benjamin seconded. Carried unanimously. BONNIE LANE ASSESSMENT DISTRICT - SALE OF BONDS Mr. Daily moved to accept staff recommendation and authorize the Town Treasurer to negotiate the sale of the bonds for the Bonnie Lane Assessment District in the amount of the total unpaid assessment. Mrs. Benjamin seconded. Carried unanimously. BUS STATION PUBLIC HEARING Mr. Daily moved to accept staff report and set a public hearing for Monday, May 16, 1983. Mrs. Benjamin seconded. Carried unanimously. Mayor Ventura wants included in the Capital Improvement Budget a report regarding a proposal from Bob Cowan to Loop Park Avenue up to S. Santa Cruz Avenue and incorporate the bus station site. DELINQUENT CONTRACT-CONTRACTORS Withdrawn from the agenda. KENNEDY ROAD IMPROVEMENTS PROJECT 287-GF Mr. Daily moved to adopt Resolution No. 1983-73 entitled, RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS APPROVING PLANS AND SPECIFICATIONS FOR PROJECT 287-G.F.-KENNEDY ROAD SIDEWALK- LONGMEADOW DRIVE TO STONYBROOK ROAD, and authorize bid to be received on May 12, 1983. Mrs. Benjamin seconded. Carried unanimously. ABC LICENSE 14107 WINCHESTER BOULEVARD Council information only. NEEDS ASSESSMENT CONTRACT Mr. Daily moved to approve the Needs Assessment Contract by adopting Resolution No. 1983-74, entitled, A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GAtOS AUTHORIZING THE TOWN MANAGER TO EXECUTE A CONTRACT WITH MR. TED W. EARLE FOR THE MANAGEMENT OF THE 1983 COMMUNITY NEEDS ASSESSMENT, (this contract not to exceed $4,000.00). Mrs. Benjamin seconded. Carried unanimously. Discussion was held on the process used to come up with the recommendation of Mr. Earle's selection. EMERGENCY SEWER REPAIR Mr. Daily moved to adopt Resolution No. 1983-75, entitled, RESOLUTION DECLARING THAT THE PUBLIC INTEREST AND NECESSITY DEMAND THE IMMEDIATE EXPENDITURE OF THE PUBLIC MONEY TO SAFEGUARD HEALTH, (emergency sewer repair in Alta Vista Subdivision). Mrs. Benjamin seconded. Carried unanimously. PREFERENTIAL PARKING Mr. Daily moved to adopt Resolution No. 1983-76, entitled, RESOLUTION PROHIBITING PARKING EXCEPT BY PERMIT ON PORTIONS OF CERTAIN PUBLIC STREETS AND DEFINING TERMS FOR OBTAINING PERMITS. Mrs. Benjamin seconded. Carried by a vote of three ayes. Mr. Daily voting no. MINUTES-APRIL 4, 1983 Mayor Ventura moved for approval of the April 4, 1983, minutes. Mr. Daily seconded. Carried by a vote of three ayes. Mr. Ferrito abstained. WRITTEN COMMUNICATIONS (for action) a. Letter from the Los Gatos Parent Preschool and Explorer Preschool requesting permission to hold the Pickle Family Circus Parade on April 28th, at 3:30 p.m. Mrs Benjamin moved request be granted. Mr. Daily seconded. Carried unanimously. b. Letter from the Chamber of Commerce Fiesta Committee requesting permission to hold their Annual Fiesta de Los Gatos with wine tasting. Jeff Fischer, Chairman of the Fiesta Committee and Lynn Snyder, Los Gatos , explained the Fiesta Committee's request. Mr. Frank Howell, Frank Lazaneo, D. W. Derfelt (President of the Kiwanis Club) all spoke in support of the request. Mrs. Benjamin moved that Council approve the request as follows: 1. The Fiesta Committee consider their sites and return to Council on May 2, 1983 with their decision. 2. The wine tasting be at Oak Meadow Park subject to a) full reimbursement of extraordinary Town costs for police and maintenance services associated with the Fiesta; and b) Fiesta hours be consistent with last year's operating hours. Mayor Ventura seconded. Mr. Daily abstained from voting do to a conflict of interest. Mr. Ferrito stated he would vote no, based on his feeling that the Town should not be encouraging the consumption of alcohol in the Parks. Carried by a vote of 2 ayes. Mr. Ferrito voted no. Mr. Daily abstained. c. West Valley Multi-Modal Task Force requesting approval of funding for light rail system in the Guadalupe portion of Route 85. Mayor Ventura moved to urge the approval of County's request that the State Transportation Improvement Plan be amended to include at least $1 million per year starting 1983/84 for preservation of Route 85 Corridor. Mr. Daily seconded. Carried unanimously. The West Valley Multi-Modal Task Force requesting Council to write Santa Clara County urging them not approve any projects in the Route 85 Corridor. Mr. Ferrito does not feel property owners should be told they cannot build simply because there is a proposal on the map/ Mayor Ventura feels the Town has a greater responsibility to plan along regional lines. Mr. Daily stated the Town should not tell another governing body how to run their affairs, but feels the Town should express support for the corridor and concern for careful consideration of development projects. Mr. Daily moved to authorize the Manager with the concurrence and cooperation of the Mayor to write a letter to Santa Clara County urging them to judiciously and carefully consider any projects in the Route 85 Corridor. Mrs. Benjamin seconded. Motion fails with a two to two vote. Mr. Ferrito and Mayor Ventura voted no. Mayor Ventura moved to write a letter indicating the Town's opposition to this particular project do the fact that it is located in the 85 Corridor. Mrs. Benjamin seconded. Motion fails two to two. Mr. Daily and Mr. Ferrito voted no. Mr. Ferrito moved to advise Santa Clara County of the Town's past and present position regarding Route 85, with the belief that Route 85 should be preserved by purchase by the State. Mrs. Benjamin seconded. Carried by a vote of three ayes. Mayor Ventura voted no. d. Letter from Pacific Gas and Electric Company stating they have filed Application No. 83-03-05 with the California Public Utilities Commission requesting authorization to establish an Expense Accumulation Account. Mr. Ferrito moved to oppose this request. Mrs. Benjamin seconded. Carried unanimously. e. Letter from Pacific Gas and Electric Company stating they have filed Application No. 83-03-84 with the California Public Utilities Commission requesting authorization to increase its electric base rate effective May 1, 1983. Note and file. f. Letter from Pacific Gas and Electric Company stating they have filed Application No. 73-01-61, with the California Public Utilities Commission requesting authorization to increase its electric rates effective August 1, 1983. Mr. Ferrito moved to oppose this request. Mrs. Benjamin seconded. Carried unanimously. g. Letter from Associated Builders, Inc. protesting the results of the Town Council's decision and request a meeting with representative of the Town to resolve the matter of liquidated damages. Mr. Ferrito moved to deny the request. Mr. Daily seconded. Carried unanimously. h. Request from Eugene J. Mascoli to be annexed to the Town of Los Gatos. Mrs. Benjamin moved to authorize the Mayor to contact the Mayor of San Jose to determine whether a study leading to the reorganization should be commenced. Mr. Daily seconded. Carried unanimously. i. Request from the Senior Coordinating Council for a letter of support from the Council to the Council on Aging of Santa Clara County. Mayor Ventura moved to endorse the Senior Coordinating Council's request. Mr. Ferrito seconded. Carried unanimously. j. Request from the Chamber of Commerce for use of sidewalks in the business community, in conjunction with Clean Sweep Days, and the Town Plaza on May 13th, 14th and July 15th and 16th. Mr. Ferrito moved requests be approved subject to any specific conditions imposed by the Parks and Police Departments; and that the Town Attorney be directed to draft an ordinance governing use of sidewalks in the downtown area for business promotion activities. Mrs. Benjamin seconded. Carried unanimously. MARCH 1983 FINANCIAL STATEMENT Mr. Daily moved to accept the March, 1983, Financial Report. Mrs. Benjamin seconded. Carried unanimously. MARCH 1983 WARRANT DEMANDS Mayor Ventura moved to accept the March 1983, warrant demand list in the amount of $352,641.01. Mr. Daily seconded. Carried unanimously. TREASURER'S REPORT MARCH Mr. Daily moved to accept the Treasurers report for the month of March, 1983. Mrs. Benjamin seconded. Carried unanimously. VERBAL COMMUNICATIONS Mr. Donald Macrae, Saratoga, spoke on the conflicting parking signs on Nicholson Avenue and on the democratic process on the complaining about unjust tickets. The Council explained to Mr. Macrae there is a public hearing scheduled for June 6, 1983 regarding the Preferential parking and that the conflict of signing would be corrected. Once a ticket has been issued there is no resolution within the town hall facility to handle complaints. It would have to be handled through the Municipal Court system. RENTAL MEDIATION The Town Attorney, Mr. Hays, stated it was not a conflict of interest for the Mayor to vote on this issue. Mr. Ferrito moved reading be waived for URGENCY ORDINANCE AMENDING SECTION 24.40.050 OF THE TOWN CODE TO PROVIDE THAT ARBITRATION SHALL BE CONDUCTED UNDER REGULATIONS ADOPTED BY THE TOWN. Mr. Daily seconded. Carried unanimously. Deputy Clerk read title. Mr. Ferrito moved to adopt Ordinance No. 1575, entitled, URGENCY ORDINANCE AMENDING SECTION 24.40.050 OF THE TOWN CODE TO PROVIDE THAT ARBITRATION SHALL BE CONDUCTED UNDER REGULATION ADOPTED BY THE TOWN. Mrs. Benjamin seconded. Carried unanimously. CLAIM - JOHN JORDAN Mayor Ventura moved to accept the Town Attorney's recommendation and deny the claim for damages of John Jordan. Mr. Daily seconded. Carried unanimously. CLAIM - ANN P BERGMAN Mr. Daily moved to accept the Town Attorney's recommendation and deny the claim for damages of Ann P. Bergman. Mrs. Benjamin seconded. Carried unanimously. PUSHCART ORDINANCE Mr. Ferrito moved to continue this item to the May 2, 1983 Council meeting. Mr. Daily seconded. Carried unanimously. CONFLICT OF INTEREST ORDINANCE Mr. Ferrito moved to waive the reading of ORDINANCE AMENDING SECTION 2-61 OF THE TOWN CODE TO ADD MEMBERS OF THE PLANNING COMMISSION AND CONSULTANTS AS EMPLOYEES COVERED BY CONFLICT OF INTEREST PROVISIONS. Mayor Ventura seconded. Carried unanimously. Deputy Clerk read title. Mayor Ventura moved Ordinance be introduced. Mr. Daily seconded. Carried unanimously. WOODED VIEW DRIVE-SLIDE REPAIR (OVERHOUSE) Discussion was held by Council regarding the continuing slides and who will pay. Mr. Ferrito moved to authorize staff to cooperate with Mr. Overhouse in selecting geologists or soils engineer to inspect the hillside and roadway and to share in the cost equally for the report. Mr. Daily seconded with amendment of whom was selected and how much it costs on May 2, 1983. Mr. Ferrito accepted the amendment. Carried unanimously. REPORT - BERRY SCHOOL Mr. Mora reported that staff recommendation is not to acquire the total site. If acquisition is to be considered, it should be limited to acquisition pursuant to Education Code Section 39397; and if acquisition is to be considered, a Council subcommittee and staff should negotiate terms and report back to Council at its regular meeting of May 2, 1983. Mr. Walton, representative of the School District, answered Council's questions. Dr. Decker, President of Jewish Community Center, spoke in support of their request. Mr. Baer, 76 Oak Grove spoke in support of negotiation with the Center and passed out an outline of his conclusions. Vicki Zackheim, Glen Una, and Lynn Snyder, League of Women Voters Representative, also spoke in support of the Center. After further discussion, Mayor Ventura and Mr. Ferrito were designated as Council's subcommittee. The subcommittee is to meet with staff, the School District and other interested groups. Report back to Council at the May 2, 1983 Council meeting. COUNCIL AGENDA RULES Mayor Ventura moved to adopt the rules for the Town Council Agenda as amended. The changes are as follows: D. CONSENT CALENDAR - change "Office of the Town Manager" to "Public Hearings. e. VERBAL COMMUNICATIONS - delete, "... and no action will be taken at the meeting when the item is presented under verbal communications.", from second sentence. J. MOTIONS BY THE CHAIR - add "or" for sentence to read, "... and/or second motions.". Mrs. Benjamin seconded. Carried unanimously. ACQUISITION OF NEW COPIER Mrs. Benjamin moved to adopt Resolution No. 1983-77, entitled, A RESOLUTION AUTHORIZING THE TOWN MANAGER TO NEGOTIATE AND EXECUTE A CONTRACT FOR THE ACQUISITION OF XEROX-8200 COPIER, (through a five-year Lease-Purchase Agreement); appropriate $7,322.00 from the Equipment Revolving Fund toe the General Town Administration; and make finding pursuant to Chapter 23- 6(c) of the Town Code that because of the uniqueness or special characteristics of the reproduction equipment to be purchased, it is more advantageous to the Town to purchase by negotiated bid. Mr. Daily seconded. Carried unanimously. THIRD QUARTER BUDGET REPORT Mayor Ventura moved to modify the current year revenue estimates to $7,814,969 from $7,580,719 with a difference of $234,250. Approve the revised fund transfer for FY 1982-83 to $1,127,411. Appropriate $236,246 in additional General Fund revenue to the General Fund Current Year Contingency. Mr. Ferrito seconded. Carried unanimously. ANNEXATION STATEMENT Mr. Ferrito moved to approve the draft statement with amendment, to paragraph 1, to be sent to all residents of County islands surrounded by the Town. After the general meeting at the Neighborhood Center on May 23, 1983, individual neighborhood meetings will be set up as the need occurs. Mrs. Benjamin seconded. Carried unanimously. TOWN ATTORNEY SERVICES Mrs. Benjamin moved to select a recruitment service to choose a Town Attorney. The reason for the decision is, the proposal made by Mr. Hays was not a proposal the Council felt best for the Town. It was not retaining the services of an Attorney but a group of people that would be working with the Attorney and the Town would be getting less time from the Attorney than the Town is presently getting. The Council wanted a minimum of 30 hours and take care of all the Town business and the Council did not see this in Mr. Hays proposal. Mr. Hays is invited to submit his proposal to the recruitment service. Mayor Ventura seconded. Unanimously carried. Mayor Ventura moved to retain Hughes, Heiss & Associates to conduct the search for the Town Attorney. Mr. Ferrito seconded. Carried unanimously. GUADALUPE COLLEGE Mr. Mora reported on the latest information regarding the Guadalupe College issue. He stated that a State subcommittee is scheduled to hear bill AB-2149 on April 27th but this hearing could be deferred to a later date. Mr. Ochoa and Mr. Yaryan have indicated they are working with the committee members. Mr. Mora read a letter received today from Mr. Blonien of the Governor's office. He stated the Governors position on this issue has not changed. A Copy of the letter is to be sent to Mr. Ochoa. Council discussed the list of conditions of development to be considered in any development and use of Guadalupe College. Discussion was also held on adding open space to the list. SARATOGA AVENUE LANDSCAPING IMPROVEMENTS Discussion was held on improving the landscaping on Saratoga Avenue. Mayor Ventura stated he had been meeting with Caltrans and Mr. Bryant, Parks and Forestry Superintendent, and discussed the landscaping. After some discussion, it was consensus of Council to invest staff time. ADJOURNMENT Mayor Ventura declared the meeting adjourned to Closed Session at 10:10 p.m., to discuss land acquisition. A report on the Closed Session will be made at the Council meeting of May 2, 1983.