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M 05-16-83TOWN OF LOS GATOS COUNCIL MEETING MAY 16, 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, Terrence Daily, Thomas J. Ferrito, Marlyn J. Rasmussen and Mayor Brent N. Ventura. ABSENT: None PLEDGE OF ALLEGIANCE Given by all in attendance. CLOSED SESSION REPORT Mayor Ventura stated no closed session was held prior to the Council meeting ADDED AGENDA ITEMS Mr. Ferrito moved to add agenda item 26 a-Rental Mediation amendment. Mrs. Benjamin seconded. Carried unanimously. REMOVAL OF AGENDA ITEM Mrs. Benjamin moved item 22 c-D. Dudley claim, be removed from the agenda. Mr. Daily seconded. Carried unanimously. BID AWARD STREET LIGHT CONVERSION PROJECT 282 Town Engineer reported bid opening had been held on May 4, 1983 for project 282- Street Light Conversion. Seven bids were received ranging from $74,699 to $259,230. These bids included base bid plus Alternate A and Alternate B. After some discussion Mr. Daily moved Council accept staff recommendation and award the contract to Simmons Construction Company, Inc. in the amount of $59,986.20 for base bid, plus alternate A, and authorize supplemental appropriation from General Fund Reserves of $13,000.00 Mrs. Rasmussen seconded. Carried unanimously. WRITTEN COMMUNICATIONS (referral/file a. Application of GTE re Expansion of Service Area for its Los Gatos Paging System. Mr. Daily moved this be noted and filed. Mrs. Rasmussen seconded. Carried unanimously. b. Los Gatos Heritage Preservation Society re Council appointed Landmarks Advisory Committee. Mr. Daily moved this be referred to Attorney for preparation of a draft ordinance. COMMENDATION POLICE EXPLORER POST 504 Mr. Daily moved for adoption of Resolution No. 1983-89 entitled, A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS COMMENDING POLICE EXPLORER POST 504 AND ADVISOR OFFICER EUGENE L. STROM FOR EXEMPLARY SERVICE TO THE TOWN. Mrs. Rasmussen seconded. Carried unanimously. PROJECT 283-GF SARATOGA AVENUE IMPROVEMENTS Mrs. Rasmussen moved for adoption of Resolution No. 1983-90 entitled, RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS APPROVING PLANS AND SPECIFICATIONS FOR PROJECT 283 GF--SARATOGA AVENUE IMPROVEMENTS, and authorize the Town Clerk to call for bids to be received by 3:p.m., on June 9, 1983. Mayor Ventura seconded. Carried by vote of four ayes. Mrs. Benjamin voting no. PROJECT 265 GF SIGNAL MODIFICATION SANTA CRUZ/MAIN/UNIVERSITY AVE. Mr. Daily moved for adoption of Resolution No. 1983-91 entitled, RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS APPROVING PLANS AND SPECIFICATIONS FOR PROJECT 265 GF -- TRAFFIC SIGNAL MODIFICATIONS AT WEST MAIN STREET/SANTA CRUZ AVENUE AND WEST MAIN STREET/UNIVERSITY AVENUE, and authorize Clerk to advertise for bids to be received by June 8, 1983 at 3:30 p.m. Mrs. Rasmussen seconded. Carried unanimously. WOODED VIEW DRIVE-SOILS REPORT Mr. Daily moved to direct staff to review the soils report and report back to Council on June 6, 1983. Mrs. Rasmussen seconded. Carried unanimously. DISPOSITION OF TOWN OWNED LOT (ALBERT DR. & CALFHILL CT.) Mrs. Rasmussen moved to accept staff recommendation and the Town owned parcel at corner of Albert Drive and Calfhill Court be retained by the Town. Mrs. Benjamin seconded. Carried unanimously. NOTICE OF COMPLETIONS Mr. Daily moved for Council approval of Certificate of Acceptance and Notice of Completion on the following: a. Ross Creek Storm Drain-Project 281 (Sanco Pipelines). b. Tract 7123, Birchwood Partners. c. Meadow Gold Demolition-Project 286-GF (Ferma Corp.). Mrs. Rasmussen seconded. Carried unanimously. BONNIE LANE ASSESSMENT DISTRICT Mr. Daily moved for adoption of Resolution No. 1983-92 entitled, A RESOLUTION ORDERING REDUCTION OF CERTAIN ASSESSMENTS AND REVISION IN COST ESTIMATES, (Bonnie Lane Assessment District). Mrs. Rasmussen seconded. Carried unanimously. Mr. Daily moved for adoption of Resolution No. 1983-93 entitled, A RESOLUTION DETERMINING UNPAID ASSESSMENTS AND PROVIDING FOR ISSUANCE OF BONDS. (Bonnie Lane Assessment District). Mrs. Rasmussen seconded. Carried unanimously. Mr. Daily moved for adoption of Resolution No. 1983- 94 entitled A RESOLUTION AWARDING SALE OF BONDS. (Awarded to M. L. Stern & Co., Inc. as recommended by Town Treasurer). Mrs. Rasmussen seconded. Carried unanimously. NATIONAL PUBLIC WORKS WEEK Mr. Daily moved for adoption of Resolution no. 1983-95 entitled, A RESOLUTION OF THE TOWN OF LOS GATOS PROCLAIMING NATIONAL PUBLIC WORKS WEEK MAY 22 THROUGH 28, 1983. Mrs. Rasmussen seconded. Carried unanimously. HANDICAPPED ACCESS MODIFICATION--LOS GATOS HIGH SCHOOL Mr. Daily moved for adoption of Resolution No. 1983-96 entitled, A RESOLUTION APPROVING AGREEMENT WITH THE LOS GATOS JOINT UNION HIGH SCHOOL DISTRICT. Mrs. Rasmussen seconded. Carried unanimously. SCHEDULE OF PUBLIC HEARINGS Council information on future public hearings scheduled. USE OF PISTOL RANGE=DE ANZA COLLEGE Mr. Daily moved to accept staff recommendation and adopt Resolution No. 1983-97 entitled, RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT FOR THE USE OF DE ANZA COLLEGE FIREARMS RANGE. Town Manager be authorized to execute agreement on behalf of the Town of Los Gatos. Mrs. Rasmussen seconded. Carried unanimously. ANNUAL STREET REPORT Mr. Daily moved for adoption of Resolution 1983-98 entitled A RESOLUTION APPROVING CONTRACT BETWEEN THE TOWN OF LOS GATOS AND THE OFFICE OF THE STATE CONTROLLER FOR SERVICES TO PREPARE THE ANNUAL STREET AND ROAD REPORT. Town Manager authorized to sign said agreement on behalf of the Town of Los Gatos. Mrs. Rasmussen seconded. Carried unanimously. MINUTES Me. Ferrito moved minutes of May 2nd, 1983 be approved as submitted. Mrs. Benjamin seconded. Carried unanimously. WRITTEN COMMUNICATIONS (action) a. Letter from Los Gatos High School requesting the closure of East Main Street between Fiesta Way and Jackson Street on June 17, 1983 during graduation ceremonies. Mr. Ferrito moved request be granted. Mrs. Rasmussen seconded. Carried unanimously. b. Letter from Community Housing Developers requesting waiver of fees on application for conditional Use Permit for conversion of family home to senior citizen boarding home at 221 Los Gatos Blvd. Mrs. Rasmussen moved request be granted. Mr. Daily seconded. Carried unanimously. c. Chamber of Commerce request for use of Oak Meadow Park for the Fiesta wine tasting on Saturday August 27, 1983. Mrs. Rasmussen moved request be granted subject to the following conditions: 1...No sale of entry tickets at Oak Meadow Park or in the vicinity of the park. 2...Saturday (August 27) ticket sales be limited to Chamber booth at Fiesta. 3...No more than 130 cases of wine. 4...No wine pouring after 7:45 p.m. 5...Chamber to reimburse Town for security provided by Los Gatos Police Department. 6...Level of security to be determined by Chief of Police; and 7...Chamber to reimburse Town for any Town costs of supporting the event. Mrs. Benjamin seconded. Carried by vote of 3 ayes. Mr. Ferrito voted no for the following reasons: 1) We should not be using public parks for this purpose; 2) should have a continuation of the limit to local advertising only, and 3) concerned that there is not a limitation on the number of drinks a person may buy. Leaving this to the discretion of a bartender or an officer is not adequate. Mr. Daily abstained on advise of the Town Attorney. d. Los Gatos Boy Scout Troop 562 request for use of Town Plaza and Civic Center for booths at Christmas Parade of December 3, 1983. Mrs. Rasmussen moved request be granted and applicant be responsible for cleanliness of areas to be used. Mrs. Benjamin seconded. Carried unanimously. e. Letter from Keith Banner requesting refund of $500.00 filing fee for an Architecture and Site Application. Planning Director Lee Bowman stated there were no costs incurred by the Town and recommends the refund. Mrs. Benjamin moved request for refund be granted. Mr. Daily seconded. Carried unanimously. f. PG&E notice of rate increase application No 82-04-12. Mrs. Rasmussen moved Council oppose the proposed electric rate increase application. Mr. Ferrito seconded. Carried unanimously. g. Request for revocable permit to construct a retaining wall in public right-of-way at 16150 Kennedy Road (McHugh). Mayor Ventura moved Council grant revocable permit to James S. & Paula McHugh for exclusive use of a portion of the public right-of-way along Kennedy Road (16150) Los Gatos, with added conditions-that landscaping be required as per direction of Superintendent of Parks and Forestry. Mrs. Benjamin seconded. Carried unanimously. APRIL-FINANCIAL REPORT Mrs. Rasmussen move to accept the April financial report from the office of Town Clerk. Mr. Daily seconded. Carried unanimously. APRIL WARRANT DEMANDS Mayor Ventura moved for approval of warrant demands for April, 1983 in the amount of $429,370.09. Mrs. Benjamin seconded. Carried unanimously. TRANSIT HUB REPORT Mayor Ventura stated this was the time and place duly published for public hearing re permanent bus station site in the Town of Los Gatos. Planning Director Lee Bowman reported to Council on the report from the Bus Station Committee. Speaking on the issue was Russ Louthian, Robert Rice, Chairman of the Park Commission, Richard Nicora, Mike Phillips, Eric Brandenburg, Dorothy Emerson, John Spitters, Tom Baer, G. Mc George, Al Friesen, John Nerness, Claudia Denker, Bob Hamilton, Candy Blackwood, Ed Russo, Aldon Johnson, and Harryette Shuell. The concerns discussed were the routing of buses through the residential areas and down various narrow streets and designation of where buses could layover. After further discussion and no one else wishing to speak on the issue Mr. Ferrito moved hearing be closed. Mrs. Benjamin seconded. Carried unanimously. After further discussion Mr. Ferrito moved to table this report and direct staff to report on the temporary bus station operation in January (this report should include the usage of the bus station and demographics of people using the buses). Also, direct staff to work with County Transit to explore layovers being at either the Town owned lot at Lark and Winchester or at the Berry School site and report back in one month. Mr. Daily seconded. Carried by a vote of 4 ayes. Mrs. Rasmussen abstained. POSTERS YOUTH ADVISORY COMMITTEE Mr. Hays reported on possible trademark infringement of the proposed posters. After further discussion Mrs. Rasmussen moved to note and file report. Mr. Ferrito seconded. Carried unanimously. RECESS Mayor Ventura declared a recess. Meeting reconvened at 10:10 p.m. CLAIM FOR DAMAGES Mrs. Rasmussen moved Council accept staff recommendation and claims for damages filed on behalf of Deborah Moore and Donald G. Jerome be denied Mayor Ventura seconded. Carried unanimously. The claim re C. Dudley was removed from the agenda earlier in the meeting. APPEAL SWANSON ISUZU Mr. Ferrito moved for adoption of Resolution No. 1983-99 entitled, RESOLUTION DENYING APPEAL FROM PLANNING COMMISSION. (15367 Los Gatos Boulevard- Swanson Isuzu). Mayor Ventura seconded. Carried by a vote of three ayes. Mr. Daily abstained and Mrs. Benjamin was absent at the time. APPEAL-THE FLAMES COFFEE SHOP Mayor Ventura moved for adoption of Resolution No. 1983-100 entitled, RESOLUTION DENYING APPEAL FROM DECISION OF BUILDING OFFICIAL (15200 Los Gatos Boulevard-The Flames Coffee Shop). Mrs. Rasmussen seconded. Carried by a vote of four ayes. Mrs. Benjamin was absent at the time. ORDINANCE REGULATING PUSHCARTS Town Attorney reported that Pushcart Ordinance had been introduced at the last Council meeting and since that time has prepared an Urgency Ordinance for adoption so that it will become effective immediately based on the following facts: The Strawberry Festival is imminent, and unless this ordinance is in effect prior to the festival, there is a serious risk that the festival will attract a large number of pushcarts which, not being subject to any regulation, will cause traffic and health problems for the Town. Mr. Ferrito moved reading be waived on the Urgency Ordinance Regulating Pushcarts. Mr. Daily seconded. Carried unanimously. Clerk read title. Mr. Daily moved for adoption of Ordinance 1577 entitled URGENCY ORDINANCE ADDING CHAPTER 19 A TO THE TOWN CODE REGULATING PUSHCARTS. Mayor Ventura seconded. Carried by a vote of four ayes. Mrs. Rasmussen abstained. SIDEWALK SALES REGULATIONS Mr. Ferrito moved for adoption of Ordinance No. 1578 entitled, ORDINANCE AMENDING SECTION 26-7 OF THE TOWN CODE AND ADDING SECTION 26-7.1 TO ALLOW SIDEWALK SALES UNDER CERTAIN CONDITIONS. Mrs. Benjamin seconded. Carried unanimously. RENTAL MEDIATION AMENDMENT Town Attorney reported on recommendation from the Rent Advisory Committee and presented proposed ordinance including the three recommendations 1) to increase ordinance overage to complexes of two (2) or more units; 2) to require landlords, on request, to give the apartment numbers of all tenants receiving increase notices for the same month as the tenant making the request; and 3) to delay new owner rent increases until the 12 month rent increase anniversary date of the tenants. Harryette Shuell of Information and referral Service also requested the addition of a new section re any person sho has signed a binding contract to purchase rental units prior to July 6, 1983 may raise rents once within 30 days of taking title. After further discussion on this issue Mr. Ferrito moved to waive the reading of proposed ordinance. Mr. Daily seconded. Carried unanimously. Town Clerk read title. Mr. Ferrito moved for introduction of ORDINANCE AMENDING CHAPTER 24 OF THE TOWN CODE AS RECOMMENDED BY RENT ADVISORY COMMITTEE with amendments as stated above. Mr. Daily seconded. Carried by three ayes. Mrs. Rasmussen voting no. Mayor Ventura abstained. CAPITAL IMPROVEMENT PROGRAM Mrs. Rasmussen moved for adoption of the amended Capital Improvement program; accept the Planning Commission report; accept report on Lark Avenue pedestrian traffic and request a follow up report. Mrs. Benjamin seconded. Carried unanimously. HERNANDEZ AVENUE STORM DRAIN PROJECT 280-SD Mayor Ventura moved for adoption of Resolution No. 1983-101 entitled, RESOLUTION OF THE COUNCIL OF THE TOWN OF LOS GATOS APPROVING PLANS AND SPECIFICATIONS FOR PROJECT 280-SD -- HERNANDEZ AVENUE STORM DRAIN, authorize the advertising for bids, subject to the following: Staff work with the Carters' and Petersons' to locate the line in a manner acceptable to them; avoiding Carters; flower bed area and minimize disruption to all tree roots. Mrs. Benjamin seconded. Carried unanimously. SEAL COATING EXTENSION OF CONTRACT WITH COUNTY Mrs. Rasmussen moved for adoption of Resolution No. 1983-102 entitled, RESOLUTION AUTHORIZING EXTENSION OF SEAL COATING CONTRACT WITH COUNTY OF SANTA CLARA. Mrs. Benjamin seconded. Carried unanimously. ASPHALT PATCHING UNIT Mrs. Rasmussen moved for adoption of Resolution No. 1983-103 entitled, RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS TO APPROVE SPECIFICATIONS FOR THE PURCHASE OF ONE ASPHALT PATCHING UNIT and authorize the Clerk to advertise for bids. Mayor ventura seconded. Carried unanimously. CYPRESS WAY VEHICLE LOAD LIMIT Mrs. Rasmussen moved reading be waived for Urgency Ordinance of the Town of Los Gatos adding section 16-97 prohibiting the use of certain streets by any vehicle exceeding a gross weight limit of five tons. Mr. Daily seconded. Carried unanimously. Town Clerk read title. Mrs. Rasmussen moved for adoption of Ordinance No. 1579 entitles, URGENCY ORDINANCE OF THE TOWN OF LOS GATOS ADDING SECTION 16-97 PROHIBITING THE USE OF CERTAIN STREETS BY ANY VEHICLE EXCEEDING A GROSS WEIGHT LIMIT OF FIVE TONS. Mr. Ferrito seconded. Carried unanimously. FUND TRANSFER FOR CRIMINALISTIC LABORATORY SERVICES Mr. Daily moved Council approve a Fund Transfer to cover 1982-83 costs for Laboratory of Criminalistics Services. Mrs. Rasmussen seconded. Carried unanimously. COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS Mr. Ferrito moved to accept staff report and approve a decrease of $10,000.00 from the CDBG funding grants. Break down would be $7,500 from the 83/84 Community Handicapped Access Projects and $2,500 from the Los Gatos Housing Conservation Program. Mrs. Benjamin seconded. Carried unanimously. MAILBOX INSTALLATION HIGH STREET Mayor Ventura moved for authorization of encroachment permit for the cluster boxes subject to the following conditions to be applied to as a policy for future applications. 1) That 100% of the affected people indicate they are in favor of cluster boxes and 2) that staff work with the neighborhood and people involved to design a proper screening for the boxes. Mrs. Benjamin seconded. Motion fails as Mr. Daily, Mr. Ferrito and Mrs. Rasmussen voted no. After Further discussion Mrs. Rasmussen moved that Mayor Ventura and Mrs. Benjamin continue to work with staff and people involved, trying to alleviate any problems re mailboxes on High Street. Also inform the people that Council is not setting any policy and are not approving the mailbox grouping as presented by the Post Office. The people on High Street can go ahead and make changes without an Encroachment Permit and Council would not object. But when the mail boxes become a problem, they will be regulated. Mr. Daily seconded. Carried unanimously. GUADALUPE COLLEGE Town Manager stated that no additional information has been received. Mayor Ventura and Mrs. Benjamin will be attending meeting in Sacramento on Wednesday, May 18, 1983 if necessary. BERRY SCHOOL SALE Town Manager reported it was his understanding that the Jewish Community Center and School are meeting to review a final agreement and within a week or ten days the District will be calling a special meeting to take formal action on the JCC offer. ADJOURNMENT Mayor Ventura declared the meeting adjourned at 11:10 p.m.