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M 08-01-83AUGUST 1, 1983 MINUTES 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, Terrence J. Daily, Thomas J. Ferrito and Mayor Brent N. Ventura. ABSENT; Marlyn J. Rasmussen PLEDGE OF ALLEGIANCE Given by all in attendance. CLOSED SESSION Mayor Ventura reported that Council met in closed session prior to Council meeting and discussed the following: Personnel matter; authorized the expenditure of up to $2,500 for traffic engineering studies for our lawsuit with the City of San Jose (this is to come from the contingency fund); and discussed the pending litigation with the County of Santa Clara. REMOVAL OF AGENDA ITEM 8 Notice of Completion regarding Pedro's Restaurant Wheelchair ramp Handicapped access improvements. ADDED AGENDA ITEM 38 Mayor Ventura requested adding item 38 regarding Centennial Committee for discussion. SCHEDULE OF PUBLIC HEARINGS Council information. MANAGEMENT COMPENSATION PLAN Mr. Daily moved for adoption of Resolution No. 1983-148 entitled, A RESOLUTION REPEALING RESOLUTION 1982-123 AND APPROVING REVISED MANAGEMENT PERFORMANCE AND COMPENSATION PLAN FOR THE TOWN OF LOS GATOS. Mrs. Benjamin seconded. Carried unanimously. TAX RATE FOR PARK BONDS Mr. Daily moved for adoption of Resolution No. 1983-149 entitled, A RESOLUTION OF THE TOWN OF LOS GATOS FIXING BOND SERVICE TAX RATES. Mrs. Benjamin seconded. Carried unanimously. ZONE ORDINANCE AMENDMENT RE FRATERNAL ORGANIZATIONS & LODGES This item continued to August 15, 1983. BOCCI BALL COURT OAK MEADOW PARK PROJECT 288-PF Mr. Daily moved for adoption of Resolution No. 1983-150 entitled, RESOLUTION OF THE TOWN OF LOS GATOS APPROVING PLANS AND SPECIFICATIONS FOR PROJECT 288-PF- OAK MEADOW PARK BOCCI BALL COURT IMPROVEMENTS; and authorize the clerk to advertise for bids to be received August 25, 1983 at 3:00 P.M. Mrs. Benjamin seconded. Carried unanimously. STREET RESURFACING-PROJECT 289 Mr. Daily moved for adoption of Resolution No. 1983-151 entitled, RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS APPROVING PLANS AND SPECIFICATIONS FOR PROJECT 289--- STREET RESURFACING; and authorize Clerk to advertise for bids to be received August 24, 1983 at 3:00 P.M. Mrs. Benjamin seconded. Carried unanimously. AGREEMENT FOR USE OF DE ANZA COLLEGE FIRE ARMS RANGE Mr. Daily moved for adoption of Resolution No. 1983-153 entitled, A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT FOR THE USE OF THE DE ANZA COLLEGE FIREARMS RANGE and authorize the Town Manager to execute said agreement on behalf of the Town. Mrs. Benjamin seconded. Carried unanimously. POLICE ACTIVITY REPORT Mr. Daily moved Council accept the Police Activity Report for the second quarter of 1983. Mrs. Benjamin seconded. Carried unanimously. AMENDMENT TO BMP PROGRAM Mr. Daily moved for adoption of Resolution No. 1983.154 entitled, TOWN COUNCIL RESOLUTION SPECIFYING RULES, PROCEDURES AND CRITERIA FOR THE TOWN'S BELOW MARKET PROGRAM. Mrs. Benjamin seconded. Carried unanimously. ENCUMBRANCE OF APPROPRIATIONS Mr. Daily moved to accept staff recommendation and appropriate funds for encumbrances from FY 82/83 to FY 83/84, as detailed below: DEPARTMENT AMOUNT FUND Town Manager 484.41 General General Town Admin 2,580.09 General Police 11,683.07 General Engineering 3,696.50 General Pks/Forestry/maint 14,534.45 General Equip Replacement 52,461.90 Equip. Repl. Revenue Shar.(Nbh Ctr) 398.31 Revenue Sharing Cultural Resource Comm. 600.00 Revenue Sharing CSDC 45.00 Revenue Sharing Human Service Contracts 17,285.31 Revenue Sharing PFM/Sewer 722.23 Sewer Library trust 2,343.00 Library Trust Community Programs 1,213.74 Comm Programs TOTAL 108,048.01 Mrs. Benjamin seconded. Carried unanimously. APPROPRIATION CARRYOVER PROJECTS FROM FY 82/83 (awarded) Mr. Daily moved to accept staff recommendation and appropriate the June 30, 1983, balance for expenditures in FY 83/84 as follows: 014-000-6150 General Plan Studies $ 2,900.93 014-470-8302 Winchester Blvd. Improv. 139,019.07 014-470-8303 Kennedy Road Sidewalks 37,949.39 014-470-8304 Bonnie Lane Improvements 23,957.12 014-470-8308 Street Light Conversion 62,686.00 014-470-8316 Santa Cruz/Andrews Signal 53,833.34 026-490-8303 Santa Cruz/Main Signals 39,957.74 026-490-8304 University/Main Signals 40,000.00 062-490-8302 Hernandez Storm Drain 44,639.80 063-490-8301 Montclair Storm Drain 54,060.24 TOTAL 504,003.63 Mrs. Benjamin seconded. Carried unanimously. Mayor Ventura questioned the carry over for the Los Gatos-Saratoga Recreation Department in the amount of $6,000.00. Mayor Ventura suggested Council exclude the Recreation item (at this time), form a Council subcommittee to meet and confer with the Recreation Department as to various programs they are providing and what funding they will want from the Town in the future. Council subcommittee will be appointed at a later date. APPROPRIATION-CARRYOVER PROJECTS (not awarded) Mr. Daily moved to accept staff recommendation and appropriate the following (not awarded)project carryovers: 014-470-8309 Saratoga Avenue Improvements $297,710.23 015-000-8400 Microfilming Equipment 20,000.00 TOTAL $314,710.23 Mrs. Benjamin seconded. Carried unanimously. HANDICAPPED-PEDRO'S Mr. Daily moved for adoption of Resolution No. 1983-155 entitled, HANDICAPPED PARKING-PETTICOAT LANE. This designates a parking space on the portion of Petticoat Lane closest to the front entrance to Pedro's. Mrs. Benjamin seconded. Carried unanimously. JULY 18, 1983 MINUTES Mrs. Benjamin moved minutes of July 18,1983 be approved as amended. Mr. Daily seconded. Carried unanimously. WRITTEN COMMUNICATIONS (for action) a. Letter from Forbes Mill Condominium Association requesting the Town to release the Association from further responsibility for maintenance of the foot bridge over Highway 17. Dr. Heuscher, member of the Board of Directors of the Association, spoke on the request for the release. Staff answered questions regarding State responsibility and Forbes Mill responsibility regarding the bridge. After further discussion, Mr. Ferrito moved Council accept staff recommendation and deny the request. Mayor Ventura seconded. Carried unanimously. b. TURN (Toward Utility Rate Normalization) request for funding. After some discussion, Mr. Ferrito moved request for funding be granted on the following conditions: 1. The source of funds would be Federal Revenue Sharing. 2. The total amount should not exceed $2,700; and 3. The funding agreement should include specific provision of items of direct benefit to Los Gatos residents, such as, items relative to General Telephone rate requests, PG&E rate requests etc. Mayor Ventura seconded. Carried unanimously. c. Senior Coordinating Council's request for rent free use of Neighborhood Center for their bingo program from September 2, 1983 to November 2, 1983 (two months). Mr. Daily moved request be granted. Mrs. Benjamin seconded. Carried unanimously. d. Letter from Vivian Oddone, et al, regarding annexation to the Town and deannexation from the City of San Jose. It was consensus of Council the Mayor be directed to send a letter advising the person(s) requesting annexation to the Town that the first step in the procedure should be for them to make a request to San Jose for de- annexation. If San Jose agrees to the de-annexation then the Town can proceed with annexation to the Town. e. Request for revocable permit or retaining wall, 15800 Shannon Road (William Ott). Mrs. Benjamin moved Council approve a revocable permit to allow the use of a portion of the Shannon Road right-of-way for construction and maintenance of a wood retaining wall and authorize the Director of Public Works to issue said permit. Mr. Daily seconded. Carried unanimously. f. Request from Community Hospital for "Sporthopedic" Fun Run to be held Sunday, September 11,1983. Mr. Daily moved Council approve request and cost incurred by the use of Police Officers will be paid for by the sponsors of the event. Mrs. Benjamin seconded. Carried unanimously. g. Request from Williamson Act extension of cancellation (Alabada). The Mayor stated that on July 19, 1983, before the Town's response could be forwarded to the County, the Board of Supervisors granted a two year time extension to subject Williamson Act Contract. Ms. Alabada's attorney has indicated that he is willing to examine possibility of annexation to the Town. h. Letter from Nan Bixler regarding Second Annual South Bay Nuclear Weapons Freeze Walkathon and Rally. Mr. Ferrito moved to approve request subject to the following conditions: 1. The staging area and rally at Oak Meadow Park be coordinated with the Parks Department. Permit conditions will ensure public safety, facility cleanliness and reasonable amplification levels. 2. All participation of the walkathon are to remain on the sidewalk and cannot walk in the roadways or parking lanes. 3. Sponsor to pay for three police officers at a cost of $13.78 per hour, per officer, who will escort the walkathon through all signalized intersections, hazardous areas, and generally monitor the safety of participants, motorists and the public. 4. Participants to be prohibited from use of any alcoholic beverages while at Oak Meadow Park. Mrs. Benjamin seconded. Carried unanimously. APPROVAL OF JULY PAYROLL Mr. Daily moved for approval of the July payroll. Mrs. Benjamin seconded. Carried unanimously. WEED ABATEMENT Mayor Ventura stated this was the time and place duly published for public hearing on the proposed weed abatement charges to be placed on the 83/84 tax roll. No one from the audience wished to speak on this issue. Mrs. Benjamin moved hearing be closed. Mr.Daily seconded. Carried unanimously. Mrs. Benjamin moved for adoption of Resolution No. 1983-156 entitled, A RESOLUTION ADOPTING REPORT DESCRIBING PARCELS OF REAL PROPERTY AND SHOWING AMOUNT OF WEED ABATEMENT CHARGES TO BE COLLECTED ON THE TAX ROLL OF THE TOWN OF LOSE GATOS IN THE COUNTY OF SANTA CLARA FOR FISCAL YEAR 1983/84. Mr. Daily seconded. Carried unanimously. APPEAL WESTERNER PRE SCHOOL Maureen Heberling, appellant on the Westerner Pre School, spoke to Council requesting a further continuance of this appeal to September 19, 1983, due to some of the people in the area being on vacation. Mayor Ventura stated that on July 18, 1983, Council granted Dan Gallagner's request for a continuance to September 9, 1983. It was then stated that the same courtesy would be given to the appellant if they so desire. Mr. Ferrito moved request for further continuance to September 19, 1983 be granted. Mrs. Benjamin seconded. Carried unanimously. APPEAL-HANDICAPPED ACCESS REQUIREMENTS 110 CEDARCREST PLACE Mayor Ventura stated this was the time and place duly published for public hearing to consider the appeal of Building Official's decision regarding handicapped access requirements for addition to pool house at 110 Cedarcrest Place. The Town Manager informed Council that Mr. Woodrum had notified staff by phone that he wished to withdraw the appeal. Mrs. Benjamin moved hearing be closed. Mr. Daily seconded. Carried unanimously. Mr. Daily moved appeal be denied and uphold the Building Official's decision. Mrs. Benjamin seconded. Carried unanimously. The Town Attorney to prepare necessary resolution and present for Council consideration at the next meeting. APPEAL-REQUIREMENT OF SOLAR HOT WATER HEATING AT 825 POLLARD ROAD & 14981 NATIONAL AVENUE The Town Manager stated letter had been received requesting the continuance of appeal of requirement of solar hot water heating at 825 Pollard Road and 14981 National Avenue, until August 15, 1983. Mrs. Benjamin moved requests be granted and hearings be continued to August 15, 1983. Mr. Daily seconded. Carried unanimously. VERBAL COMMUNICATIONS Mr. Fred Boitano spoke to Council regarding request of report from Town Attorney on ruling of rebuilding of older homes if they were destroyed. ORDINANCE PROHIBITING RUBBISH ACCUMULATION Mrs. Benjamin moved for adoption of Ordinance No. 1587 entitled, ORDINANCE AMENDING SECTION 14-6 OF THE TOWN CODE TO PROHIBIT ACCUMULATION OF RUBBISH. Mr. Daily seconded. Carried unanimously. GRANTING APPEAL-HANDICAPPED ACCESS REQUIREMENT 27 E. MAIN STREET Mrs. Benjamin moved for adoption of Resolution No. 1983-157 entitled, RESOLUTION GRANTING APPEAL FROM DECISION OF BUILDING OFFICIAL (27 E. Main Street- J.J. Papanani's). Mr. Daily seconded. Carried unanimously. CLARIFYING AMENDMENT RENTAL MEDIATION ORDINANCE Mr. Ferrito moved reading be waived for ORDINANCE AMENDING SECTION 24.20.055 OF THE TOWN CODE TO REDEFINE ARBITRATOR AND ELIMINATE REFERENCE TO HEARING OFFICER. Mr. Daily seconded. Carried unanimously. Clerk read title. Mr. Daily moved ordinance be introduced. Mr. Ferrito seconded. Carried by a vote of three ayes. Mayor Ventura abstained. BUS STOP NEAR EL GATO PENTHOUSE APARTMENTS Mrs. Benjamin moved to accept staff recommendation and deny said request for a bus stop at this location as it would eliminate public parking for business on that street. Mr. Daily seconded. Carried unanimously. ESTABLISHING SPEED LIMITS KNOWLES DRIVE Mr. Daily moved to waive reading on AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING SECTION 16-43.2 OF THE LOS GATOS TOWN CODE FOR ESTABLISHING SPEED LIMITS ON CERTAIN STREETS. Mrs. Benjamin seconded. Carried unanimously. Clerk read title. Mr. Daily moved Ordinance be introduced. Mrs. Benjamin seconded. Carried unanimously. AMENDMENT TO PURCHASING ORDINANCE Mrs. Benjamin moved to waive reading for ORDINANCE AMENDING SECTION 23.6 OF THE TOWN CODE TO INCREASE DOLLAR LEVEL FOR FORMAL BID REQUIREMENTS, (this changes the dollar level from $2,500 to $4,000). Mr. Daily seconded. Carried unanimously. MONTCLAIR STORM DRAIN-PROJECT 262-SD The Town Engineer reported on contract previously awarded to Steadman Engineering on September 7, 1982 and summarized what little work had been done before the contractor abandoned the work. After further discussion, Mr. Daily moved for adoption of Resolution No. 1983-158 entitled, RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS APPROVING PLANS AND SPECIFICATIONS FOR PROJECT 262-SD--MONTCLAIR STORM DRAIN; and authorize the Town Clerk to advertise for rebid of the work. Mrs. Benjamin seconded. Carried unanimously. COUNCIL MEETING SCHEDULE The Town Manager presented this for Council information. Discussion was held on scheduled study sessions with various committees and commissions. REPORT OF STATE BUDGET Mr. Daily moved Council support the League of California Cities positions concerning the State budget and Mayor to relate the Town's concerns along with the LCC. Mrs. Benjamin seconded. Carried unanimously. USE OF GUADALUPE COLLEGE The Town Manager reported to Council on meeting with Federal Emergency Management Agency (FEMA) that he and Mr. Bryant had attended in Emmettsburg,MD., and that they had outlined for the FEMA staff the three main conditions that the Town felt were necessary in order to insure Town support of FEMA use of the Guadalupe College site. After further discussion, Mr. Ferrito moved Council reaffirm the three main conditions the Town is dealing with concerning the use of the College site as follows: 1. Access to the facility from Route 17; 2. No additional building on the site; and 3. Permanent open space dedication of some type to the Town or the Midpeninsula Regional Open Space District of all land not occupied by buildings. Mr. Daily seconded. Carried unanimously. Mr. Ferrito asked for staff report as to what FEMA is all about and the functions of the agency. SUPPLEMENTAL APPROPRIATION PEDRO'S HANDICAP ALTERATIONS Mr. Daily moved Council appropriate $11,160 from the General Fund Appropriated Reserve to pay for the Town's portion of this project (as per agreement). Mrs. Benjamin seconded. Carried unanimously. AB 1659 COMMUNITY ENERGY Mr. Ferrito moved Council support AB 1659 in its present form. Mayor Ventura seconded. Discussion was held on what had happened at the July hearing, whether the bill has changed and how Los Gatos would benefit from this bill. After discussion, Mr. Ferrito withdrew his motion and Mayor Ventura withdrew his second. Staff to furnish Council with a report as discussed above, before any action is taken. MEMBER REDUCTION OF PLANNING COMMISSIONERS Discussion was held regarding continuing this issue. Mr. Ferrito moved this item be continued to August 15, 1983; the deadline for receiving applications be extended from August 10, 1983 to August 31, 1983 and interviews be held on September 6, 1983. Mrs. Benjamin seconded. Carried unanimously. CENTENNIAL COMMITTEE Mayor Ventura spoke on possibility of forming an informal ad hoc committee (not a commission) to organize, coordinate and plan out various events for the upcoming centennial celebration in 1987. BUS STOP NEAR MAPLE LANE Harry Cohen, from audience, wished to speak on the denial of request for bus stop near Maple Lane and the El Gatos Penthouse apartments. After some discussion, Mayor Ventura stated the Town Manager would meet with Mr. Cohen and take another look at the proposed site requested for a bus stop. ADJOURNMENT Mrs. Benjamin moved meeting be adjourned at 9:05 p.m.. Mr. Daily seconded. Carried unanimously.