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M 08-15-83TOWN OF LOS GATOS TOWN COUNCIL MEETING AUGUST 15, 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. ROLL CALL PRESENT: Joanne Benjamin, Terrence J. Daily, Thomas J. Ferrito and Vice-Mayor Marlyn J. Rasmussen. ABSENT: Mayor Brent N. Ventura. PLEDGE OF ALLEGIANCE Given by all in attendance. CLOSED SESSION Vice-Mayor Rasmussen stated the following items were discussed during the closed session: 1. Personnel and labor relations 2. Toll House 3. Council authorized the Town Attorney to retain Ellman, Burke and Cassidy as special Counsel in litigation against the County. ITEMS REMOVED FROM AGENDA Item #20, Treasurer's report for June, 1983 removed from agenda. Item #38, Mr. Ferrito moved to continue the discussion of reducing the Planing Commission from nine to seven members to September 6th, accept applications until noon September 14th and hold interviews for the Planning Commission on September 19th. Mr. Daily seconded. Carried unanimously. Item #36, Mr. Steadman, 41426 Roberts Avenue, Fremont, requested the Montclair Storm Drain Project 262-SD be continued to September 6th Council meeting. It was consensus of Council to continue this item. WRITTEN COMMUNICATIONS (referral/file) a. Letter from Rebecca Morgan, Chairperson of the County Board of Supervisors, requesting the Town adopt the countywide Building Application Simplification and Standardization Task Force (Bass). Mr. Daily moved to refer this item to the Planning Commission. Mrs. Benjamin seconded. Carried unanimously. b. Letter from James D Lewis regarding the various Town Handicapped Access Projects. Mr. Daily moved to refer this to staff for a report at the September 6, 1983 Council meeting. Mrs. Benjamin seconded. Carried unanimously. c. Request from Richard Mattern and other residents in the area for a meeting with Town staff regarding Cypress Way Road conditions. Mr. Daily moved to refer this to staff for a report on September 6, 1983 in conjunction with a report on all roads damaged this past winter. Mrs. Benjamin seconded. Carried unanimously. d. Letter from the Church of Jesus Christ of Latter Day Saints requesting the Town to proclaim Thanksgiving Week, November 20-26, as "National Family Week". Mr. Daily moved to refer to the Mayor for a proclamation. Mrs. Benjamin seconded. Carried unanimously. e. Letter from Thomas Salciccia regarding tree and foliage removal from properties located at 17100 Summit Way and 14990 Winchester Boulevard. Note and file. SCHEDULE OF PUBLIC HEARINGS Council informational item. PLANNING DEPARTMENT MONTHLY REPORT Council informational item. RESOLUTION AUTHORIZING EXECUTION OF CONTRACT WITH T.U.R.N. Mr. Daily moved to adopt Resolution No. 1983-158 entitled, A RESOLUTION AUTHORIZING THE TOWN MANAGER TO NEGOTIATE AND EXECUTE A CONTRACT WITH T.U.R.N. (TOWARD UTILITY RATE NORMALIZATION). Mrs. Benjamin seconded. Carried unanimously. PEDRO'S WHEELCHAIR ACCESS MODIFICATION Mr. Daily moved to authorize the Mayor to execute and the Town Clerk to record a Notice of Completion and Certificate of Acceptance for project located at 316 N. Santa Cruz Avenue. Mrs. Benjamin seconded. Carried unanimously. POLICE VEHICLE REPLACEMENT Mr. Daily moved to adopt Resolution No. 1983-159 entitled, RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS APPROVING PLANS AND SPECIFICATIONS FOR THE PURCHASE OF A 1982 OR LATER MODEL USED CAR FOR POLICE INVESTIGATIONS USE, and authorize the Town Clerk to advertise for bids for a used car from a rental agency. Mrs. Benjamin seconded. Carried unanimously. SENIOR HOUSING PROVISION AGREEMENT-221 LOS GATOS BOULEVARD Mr. Daily moved to adopt, with amendments, Resolution No. 1983-160 entitled, A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AND AUTHORIZING THE MAYOR TO SIGN A HOUSING PROVISION AGREEMENT BETWEEN THE TOWN AND COMMUNITY HOUSING DEVELOPERS FOR THE PARTIAL ACQUISITION COSTS OF A SENIOR CITIZEN GROUP HOME LOCATED AT 221 LOS GATOS BOULEVARD and authorize the Mayor to sign the Housing Provision Agreement with Community Housing Developers. Mrs. Benjamin seconded. Carried unanimously. AMENDMENT TO POSITION CLASSIFICATION PLAN Mr. Daily moved to adopt Resolution No. 1983-161 entitled, A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS APPROVING AN AMENDMENT OF TOWN'S POSITION CLASSIFICATION PLAN with the removal of Code Enforcer Administrator classification. This item will be presented to Council with a report at the September 6, 1983 Council meeting. Mrs. Benjamin seconded. Carried unanimously. SETTING SALARIES FOR HOURLY EMPLOYEES FOR FY 1983-84 Mr. Daily moved to adopt Resolution No. 1983-162 entitled A RESOLUTION SETTING SALARIES FOR HOURLY EMPLOYEES FOR FISCAL YEAR 1983-84. Mrs. Benjamin seconded. Carried unanimously. PARKING PROHIBITION-UNIVERSITY AVENUE Mr. Daily moved to adopt Resolution No. 1983-163 entitled, PARKING PROHIBITION- UNIVERSITY AVENUE. (No parking on West side of University Avenue South of Lark Avenue). Mrs. Benjamin seconded. Carried unanimously. SARATOGA AVENUE WIDENING-PROJECT 283 Mr. Daily moved to accept report and adopt Resolution No. 1983-164 entitled, RESOLUTION APPROVING THE COOPERATIVE AGREEMENT WITH THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR THE WIDENING OF SARATOGA AVENUE (HIGHWAY 9) BETWEEN MASSOL AVENUE AND NORTH SANTA CRUZ AVENUE (PROJECT 283-GF). Mrs. Benjamin seconded. Carried unanimously. STREET LIGHT CONVERSION-PROJECT 282 Mr. Daily moved to accept staff recommendation and approve a supplemental appropriation from the General Fund Appropriated Reserve in the amount of $8,000.00 for additional work required to complete Project 282, Street Light Conversion. Mrs. Benjamin seconded. Carried unanimously. INSTALLATION CROSSWALK-WINCHESTER BOULEVARD AND ALBRIGHT WAY Mr. Daily moved to accept staff recommendation and decline to install a crosswalk across Winchester Boulevard at Albright Way. Mrs. Benjamin seconded. Carried unanimously. TRAFFIC ENFORCEMENT Mr. Daily moved Council accept staff report on traffic enforcement in the Loma Alta, Vista del Monte, Harding and Englewood Avenue areas. Mrs. Benjamin seconded. Carried unanimously. MINUTES Mrs. Benjamin moved minutes of August 1, 1983 be approved as submitted. Mr. Daily seconded. Carried by a vote of three ayes. Vice-Mayor Rasmussen abstained. WRITTEN COMMUNICATIONS (for action) a. Letter from Dennis Burrow submitting his resignation from the Community Services and Development Commission. Mrs. Benjamin moved to accept resignation with regrets and staff to prepare a resolution of commendation. Clerk to advertise the vacancy and set September 19, 1983 for interviews prior to the Council meeting. Mr. Daily seconded. Carried unanimously. b. Letter from Richard Gaines regarding California Energy Extension Service. Mr. Ferrito moved to authorize the Mayor to provide a letter of support concerning the proposal for the C.E.E.S. project. Mrs. Benjamin seconded. Carried unanimously. c. Letter from Sam Farr, Member of the State Assembly, requesting a letter be sent endorsing the placement of the Parklands Bond Act of 1984 on the June ballot. Mr. Daily moved that Council authorize the Mayor to send a letter communicating the Town's recommendation this be placed on the ballot. Mrs. Benjamin seconded. Carried unanimously. WARRANT DEMAND LIST JULY 1983 Mrs. Benjamin moved for the approval of Warrant Demand List for July 1983. Mr. Daily seconded. Carried unanimously. FINANCIAL STATEMENT JULY 1983 Mrs. Benjamin moved for approval of the financial Statement for July 1983. Mr. Daily seconded. Carried unanimously. TREASURER'S REPORT-JUNE 1983 Continued to September 6, 1983 Council meeting. ABANDONMENT PORTION OF 275 SARATOGA AVENUE(MULVANY) Vice-Mayor Rasmussen stated this was the time and place duly published for public hearing to consider the request to vacate excess portion of a public thoroughfare, There was no discussion by Council or members of the audience. Mr. Daily moved hearing be closed. Mrs. Benjamin moved to adopt Resolution No. 1983-165 entitled, ORDER VACATING EXCESS PORTION OF A PUBLIC THOROUGHFARE ALONG (275 SARATOGA AVENUE) FOR PUBLIC ROAD PURPOSES. Mr. Daily seconded. Carried unanimously. BONNIE LANE ASSESSMENT DISTRICT Vice-Mayor Rasmussen stated this was the time and place duly published for public hearing to consider the adoption of Resolution ordering changes and modifications for the Bonnie Lane Assessment District. Arlan Anderson, 16425 Bonnie Lane, spoke against saving the hedge. Betty Anderson also spoke on this issue. After Council questions and discussion, Mr. Daily moved to stripe no more that the length of the 20 foot wide portion of the roadway and return with a report on September 5, 1983 (public hearing continued to the next meeting). Mrs. Benjamin seconded. Carried unanimously. GENERAL PLAN AMENDMENT GP-83-3 CONCERNING PARKING & CIRCULATION Vice-Mayor Rasmussen stated this was the time and place duly published for public hearing to consider the General Plan Amendment GP-82-3, concerning amendments to the text of the Downtown Specific Plan, which is part of the General Plan concerning parking and circulation. George Tobin, 246 W. Main St.; Ted Shebs, 225 Saratoga Avenue; Tom Baer Co-Chair of the Parking Committee; Robert Cowan, 222 Tait Avenue; Frank Howell, Representing the Chamber of Commerce Parking Committee; Teri Hope, business owner on W. Main Street; and Sue La Forge, President of the Chamber of Commerce all spoke on finding a solution to the parking problem in the downtown area and the financial burden of a parking district. Staff to contact the City of Cupertino on how their transportation element relates to their General Plan. Mrs. Benjamin moved to continue the public hearing to September 6, 1983. Mr. Ferrito seconded. Carried unanimously. APPEAL SOLAR HOT WATER HEATING-285 POLLARD ROAD Vice-Mayor Rasmussen stated this was the time and place duly published for public hearing to consider the appeal of Planning Commission's decision on Architecture and Site Application S-81-42A denying the request for modification of conditions to require solar hot water heating in the proposed professional building located at 825 Pollard Road. There was no discussion by Council or members of the audience. Mrs. Benjamin moved public hearing be closed. Mr. Daily seconded. Carried unanimously. Mrs. Benjamin moved to deny the appeal and finds the Planning Commission did not err in making its decision because no new evidence was submitted by Council. Mr. Daily seconded. Carried unanimously. The Town Attorney to prepare a resolution for Council consideration at the meeting of September 6, 1983. APPEAL-SOLAR HOT WATER HEATING-14981 NATIONAL AVENUE Vice-Mayor Rasmussen stated this was the time and place duly published for public hearing to consider the appeal of Planning Commission's decision on Architecture and Site Application S-81-34B, denying the request for modification of conditions to require solar hot water heating in the proposed professional building located at 14981 National Avenue. There was no discussion by Council or members of the audience. Mr. Daily moved public hearing be closed. Mrs. Benjamin seconded. Carried unanimously. Mrs. Benjamin moved to deny the appeal and finds the Planning Commission did not err in making its decision because no new evidence was submitted to Council. Mr. Daily seconded. Carried unanimously. The Town Attorney to prepare a resolution for Council consideration at the meeting of September 6, 1983. RECESS Vise-Mayor Rasmussen declared a ten minute recess. VERBAL COMMUNICATIONS David Brewer, employee of Rolm Corporation, requesting permission to use the Los Gatos Creek Bike and Running Trails for their Triathlon. This is to be presented at the next Council meeting (September 6, 1983) with a report to staff. Mr. Overhouse, Wooded View Drive, spoke on concern of his slide issue being delayed from one Council meeting to the next. He withdrew his offer to help pay for the repairs and will proceed on his own. Council delay due to not having a full Council. CLAIM FOR DAMAGES-CHRISTOPHER B. STILLE Mrs. Benjamin moved that the claim filed on behalf of Christopher B. Stille be denied. Mr. Daily seconded. Carried unanimously. CLAIMS FOR DAMAGES-ANN BERGMAN Mr. Ferrito moved to accept staff recommendation and approve the claim in the sum of $1,034.75 for Ann Bergman. The Town Attorney to report on possible recovery of costs due to Bergman contractor's error. Mr. Daily seconded. Carried unanimously. TOXIC CONTAINMENT BILL AB 1362 Mr. Ferrito moved for staff to report on the results of the legislative action of AB-1362 on August 17, 1983. Mr. Daily seconded. Carried unanimously. ANIMAL CONTROL The Town Attorney spoke on his report and after discussion by Council Mr. Daily moved to continue item until the Town has a full time Attorney. In the interim staff to prepare a report on how much of a problem this really is. Mrs. Benjamin seconded. Carried unanimously. MOSQUITO ABATEMENT ORDINANCE Mr. Ferrito moved reading be waived for ORDINANCE ADDING ARTICLE 111 TO CHAPTER 22 OF THE TOWN CODE RELATING TO MOSQUITO ABATEMENT. Mrs. Benjamin seconded. Carried unanimously. Deputy Clerk read title. Mr. Ferrito moved Ordinance be introduced. Mrs. Benjamin seconded. Carried unanimously. APPEAL DENIAL 110 CEDARCREST Mrs. Benjamin moved to adopt Resolution No. 1983-166 entitled, RESOLUTION DENYING APPEAL FROM DECISION OF BUILDING OFFICIAL. Mr. Daily seconded. Carried unanimously. RENTAL MEDIATION ORDINANCE Mrs. Benjamin moved to adopt Ordinance No. 1588 entitled, ORDINANCE AMENDING SECTION 24.20.055 OF THE TOWN CODE TO REDEFINE ARBITRATOR AND ELIMINATE REFERENCE TO HEARING OFFICER. Mr. Daily seconded. Carried by a vote of three ayes. Vice-Mayor Rasmussen abstained. REVISED TOWN PERSONNEL ORDINANCE Mr. Mora spoke on his report. Mr. Bud Griffiths, ASMA 101 Representative, requested the Appeals Procedure be left as is. After discussion by Council Mr. Ferrito moved to continue this item to September 6, 1983 for a vote by the full Council and staff to report on the alternatives available to Council on the Personnel Board findings. Mr. Daily seconded. Carried unanimously. SPEED LIMIT KNOWLES DRIVE Mrs. Benjamin moved to adopt Ordinance No. 1589 entitled 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. Mr. Daily seconded. Carried unanimously. ORDINANCE AMENDING CHAPTER 23 OF THE TOWN CODE -PURCHASING Mr. Mora spoke on his report and there was discussion by Council and Mr. Griffiths of ASME. Mrs. Benjamin moved to adopt Ordinance No. 1590 entitled, ORDINANCE AMENDING SECTION 23.6 OF THE TOWN CODE TO INCREASE DOLLAR LEVEL FOR FORMAL BID REQUIREMENTS. Mr. Daily seconded. Carried unanimously. TOWN PERSONNEL RULES Mr. Ferrito moved to adopt Resolution No. 1983-167 entitled A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS APPROVING AND ADOPTING REVISED TOWN PERSONNEL RULES. Mr. Daily seconded. Carried unanimously. MONTCLAIR STORM DRAIN-PROJECT 262-SD This item has been continued to the September 6, 1983 Council Meeting. OAK MEADOW PARK PARKING FEES & CHARGES Mr. Mora spoke on this issue. After discussion by Council, Vice-Mayor Rasmussen moved to continue this item to the September 6, 1983 Council for a full Council. Mrs. Benjamin seconded. Carried unanimously. REDUCING PLANNING COMMISSION Continued for discussion and vote by a full Council on September 6, 1983. ELECTION OF DELEGATES FOR LCC ANNUAL MEETING Vice-Mayor Rasmussen moved Mayor Ventura be the voting delegate and Mrs. Benjamin be the voting alternate. Mr. Daily seconded. Carried unanimously. EMERGENCY ACCESS ROADS Continued to the September 6, 1983 Council Meeting. SUPPORT SB-4 Mr. Ferrito stated that SB-4 provides that attorney fees, expert witness fees and other reasonable costs could be provided to residential utility customers or their representatives who intervene in a rate case before the Public Utilities Commission but does not currently include local governments as an eligible representatives. Mr. Ferrito moved to support in the efforts to amend SB-4 to include local government. Mrs. Benjamin seconded. Carried unanimously. IGC MEETING Mr. Ferrito reported the Town requested from the IGC help in dealing with the County to get on overall policy to pay for maintenance of County or County Transit bus stops. SOFTBALL GAME The Town Council and Planning Commission challenge the employees to a softball game. Mr. Daily moved to herewith lay down a challenge that the Town Council and Planning Commission combined shall field a softball team to play the Town employees on Friday night September 9th. Winner to be treated to an evening of pizza and refreshments after the game. Mr. Ferrito seconded. Unanimously carried. ADJOURNMENT Vice-Mayor Rasmussen moved the meeting be adjourned at 11:00 p.m. to an executive session at 3:30 p.m. on Thursday August 18, 1983. Mr. Daily seconded. Carried unanimously.