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M 11-03-198040 3 November 3,.198 0 Los Gatos, Californi a TOWN COUNCIL .The Town Council of the Town of Los Gatos met in the Counci l Chambers of the Town Hall at 7 :30 p .m . in regular session . ROLL CALL PRESENT : MarLyn J . Rasmussen, Peter W . Siemens, Brent N . Ventura and Thomas J . Ferrito . ABSENT : Ruth Canno n PLEDGE O F ALLEGIANCE Given by . all in attendance . MINUTES Mr . Ventura stated the October 27, 1980 minutes -page 5 , subject - APPEAL - 14 W . MAIN STREET to read, "Mr . Ventura stated he could not support application for the Use Permit o r Architecture and Site Permit that would make office use . i n the basement on this property conforming ." Page b, subject - TOWN MEDIATION BOARD -to read, "Motio n carried by vote of three ayes . Mrs . Cannon absent and Mr . Ventura abstaining ." Page 4,subject - VACATION OF LAUREL AVENUE on the vote o n motion, Mr . Ventura wishes his reason for voting no to b e stated as follows : "Mr . Ventura opposed motion as he feel s it is the Council's duty to try and recoup for the Town , whatever the fair market value of that land is . It is no t an option, but is a duty and mandatory ." Mr . Ventura movea minutes be approved as corrected . Mr . Siemens seconded . Unanimously carried . WRITTEN 1 . Notice from Pacific Gas & Electric Co . of applicatio n COMMUNICATIONS filed with Public Utility Commission of their request fo r authorization under the Energy Cost Adjustment Clause t o decrease its electric rates and charges related to energ y costs . 2 . Notice from Pacific Gas & Electric Co . Of applicatio n filed with Public Utility Commission of their request fo r authorization for proposed changes in gas rate design . 3•Notice from_. Jane E ..Zils of application filed with Publi c Utility Commission for interim authority to operate a Passenger Stage Company, in order to provide home-to-wor k bus service between Ben Lomond, and the Lockheed Missile s and Space Company in Sunnyvale . No action taken . /. Letter. from Barbara Arnold, Parade Chairman of San Jos e Dance Theatre, requesting permission to have a concessio n booth in the Town Plaza during the Christmas Parade , December 6, 1980 . Mrs . Rasmussen suggested Council se t policy for future request and have Chamber coordinate a list of all non-profit groups and submit to Council a t one time . Mayor stated he feels Council should have th e say . Mr . J . Panighetti, representing the Chamber o f Commerce, stated he would take any suggestions back t o the Chamber . After further discussion, Mayor Ferrit o appointed Mr . Ventura and Mrs . Rasmussen as a committe e to study this issue and return to Council with suggestions . ,Mrs .Rasmussen moved request be granted . Mr . Ventur a seconded . Unanimously carried .. 5 . Letter from Ea Burke of the Los Gatos Athletic Club, statin g they are sponsoring a 5 kilometer and 10 kilometer race . This event to be held on December 14, 1980 at 9 :00 a .m . and are requesting Council's approval for use of street s as designated on the route map . Mayor Ferrito referre d to Chief Johnson's report and change of route in one area . Mrs . Rasmussen moved request be granted with route to b e changed as recommended by Police Chief . Mr . Siemen s seconded . Unanimously carried . 404. November j, 198 0 Los Gatos, Californi a WRITTEN 6 . COMMUNICATION S (CONTINUED) 7 . 8 . Letter from Andrew Monteverde requesting Council's approva l of appointment o f -Scott Pastrone to the West Valley Out - reach Project Advisory Board for a one year term . Mr . Siemens moved appointment be granted . Mr . Ventura seconded . Unanimoulsy carried . Letter from No on 8 Caanittee requesting Council's endorsement in opposition to Proposition No . 8, pertainin g to controlling any future development of our North Coasta l Rivers . Note and file . Treasurer's monthly report for the month of September, 1980 . VERBAL Linda Barnett, 316 Los Gatos Boulevard, stated study session s COMMUNICATIONS held jointly by the Planning Commission and Council are not . taped and she feels the discussion held at those study session s are very helpful in making a final decision on some matter s and asked that the study sessions be taped . It was consensu s of Council to tape the next study session as suggested . BID AWARD - LOS Mrs . Rasmussen moved to accept staff recommendation and awar d GATOS CREEK REPAIR contract to low bidder, Ground Stability Construction, Inc ., PROJECT (SF 80-1) in the bid amount of $15,300 .00 and authorize Mayor and Cler k to sign the standard construction agreements on behâlf-of the - Town . Also, appropriate $17,000 from the Sanitary Sewer Fun d to cover construction costs and contingencies . Mr . Ventur a seconded . Unanimously carried . BID AWARD -After general discussion on deletion of an item from the bi d WORCESTER AND LA as reported by Acting Director of Public Works, Mr . Ventur a RINCONADA PARK -moved bid be awarded to low bidder, Valley Crest Landscaping ; PROJECT (241-PT)Inc . Authorize Mayor and Clerk to sign the contract on behal f of the Town . Council to also allocate $180,000,. fromPark Tax Override Fund and $70,000 from the General Fun d -Reserve t o cover the project cost, plus contingencies . Mrs . Rasmusse n seconded . Unanimously carried . SENIOR.Mr . Ventura voiced his concerns resection 3 (b) _Guideline s COORDINATING and questioned whether its proper or desirable to .have thos e COUNCIL employed by SCC not to be able to encourage individual s AGREEMENT political actions and feels that is within the scope of thei r educational duties and functions of the Town . Mrs : Rasmusse n stated she and Mr . Siemens had worked many hours on thi s contract and it was a concern of a number of people who ha d been involved with SCC in the past that they not use thei r newsletter to promote a particular issue or particula r candidate and that is now that came about . Mr . Hays, Town Attorney, stated instead ofchanging the signed contract th e possibility of sending along a cover letter stating Council's concerns as to the political issue . This being agreeable t o Council, Mr . Ventura moved for adoption of Resolution No . 1980-165 entitled,A RESOLUTION APPROVING AGREEMENT AND FIRS T ADDENDUM THERETO BETWEEN TOWN OF LOS GATOS AND SENIO R COORDINATING COUNCIL . Mrs . Rasmussen seconded . Unanimousl y carried . AGREEMENT FOR Mr . Ventura moved for adoption of Resolution No . 1980-16 6 ANALYSIS OF TOWN entitled, A RESOLUTION APPROVING AGREEMENT WITH HUGHES, HEIS S ATTORNEY POSITION & ASSOCIATES PROVIDING FOR ANALYSIS uF TOWN ATTORNEY POSITION : Mrs . Rasmussen seconded . Unanimously carried . ADDENDUM TO Mr . Ventura moved for adoption of Resolution No . 1980-16 7 AGREEMENT FOR entitled, A RESOLUTION APPROVING ADDENDUM TO AN AGREEMEN T ANALYSIS OF TOWN WITH HUGHES, HEISS & ASSOCIATES PROVIDING FOR AN ANALYSIS O F ATTORNEY POSITION TOWN ATTORNEY POSITION . Mrs . Rasmussen seconded . Unanimousl y carried . 40 5 November 3, 195 0 Los Gatos, California ADDENDUM TO Mr . Ventura moved for adoption of Resolution No . 1950-165 , AGREEMENT WITH entitled, A RESOLUTION APPROVING ADDENDUM TO AGREEMENT WIT H WALTER V . HAYS WALTER V .NAYS OF HERH.ICK, LUNDGREN, HAYS, SHAFFER &\ LANCEFIELD, A LEGAL ASSOCIATION . Mrs . Rasmussen seconded . Unanimously carried . NOTICE OF Mr . Ventura moved for approval of Notice of Completion an d COMPLETIONS -Certificate of Acceptance on the following : TRACTS 6418, 6242,1 . Tract 6418 - #1 Bayview Avenue (American Nationa l& 6053 Development Corporation ) 2 Tract 6242 - Mozart Avenue (Building Trends, Inc .) 3 .Tract 6053 - Mozart Avenue and Oka Lane (Cal-Co m Leasing & Development, Inc .) Authorize Mayor to execute said Notices for each project . Mrs . Rasmussen seconded . Unanimously carried . EIR CONSULTANT Mr . Ventura moved for adoption of Resolution No . 1950-169 SERVICES EARTH entitled, A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN O F METRICS, INC .LOS GATOS AUTHORIZING EXECUTION OF A CONTRACT FOR CONSULTAN T SERVICES . Mrs . Rasmussen seconded . Unanimously carried . MONTHLY Mr . Ventura moved the November Planning Report be accepte d PLANNING REPORT with the suggestion of Mayor that all future reports sho w dates as to when the different projects will be coming up . Mrs . Rasmussen seconded . Unanimously carried . PAYROLL AND Mr . Ventura moved for approval of the October payroll in th e WARRANT DEMANDS amount of $257,243 .15 and the October warrant demands in th e FOR OCTOBER amount of $340,521 .97 . Mrs . Rasmussen seconded . Unanimousl y carried . DAS APPEAL Mayor Ferrito stated this was the time and place duly note d for the continued hearing on the appeal of Planning Commission's denial of the 4-lot subdivision on Westhill Drive . Plannin g Director, Lee Bowman, stated this appeal had been continue d at the request of the applicant so that the results of th e hearing• on the General Plan amendment for Surmont Drive woul d be known . The Town Council adopted Resolution No . 1980-14 7 on October 6, 1980 which amends the General Plan by deletin g Surmont Drive as a mountain collector . This change in th e General Plan allows the possibility of alterEative stree t patterns for the Das and Anderson properties . Since th e possibility of alternate street patterns was not open to th e Planning Commission at the time this application was heard , the Town Council may wish to remand the application to th e Planning Commission and Development Review Committee fo r consideration . Ivir . Saxe, representing Das stated they wer e working on a new proposal and would like this to be sent bac k to Planning and DRC . Richard Gaines, Planning Commissio n Chairman, stated if this is sent back to Planning, it-shoul d be a total package so it will save time .After furthe r discussion, Mr . Ventura moved hearing be closed . Mrs . Rasmusse n seconded . Unanimously carried . Mr . Ventura moved this appea l be remanded back to Planning Commission and Development Revie w Committee as recommended by staff . Mr . Siemens seconded . Unanimously carried . AMENDMENT OF Mayor Ferrito stated this was the time and place duly publishe d ZONING ORDINANCE for public hearing to consider an amendment to the Zonin g RE NOISE Ordinance relating to noise ordinance standards . There bein g no one wishing to speak on this issue, Mr . Ventura moved hearin g be closed . Mr . Siemens seconded . Unanimously carried . Mr . Ventura moved reading be waived for ORDINANCE AMENDING TH E ZONING ORDINANCE OF THE TOWN OF LOS GATOS TO REPEAL SECTIO N 3 .70 .010 RELATING TO NOISE STANDARDS . Mrs . Rasmussen seconded . Unanimously carried . Clerk read title of ordinance . Mr . Siemens moved ordinance be introduced . Mr . Ventura seconded . Unanimousl y carried .- 3 406 November 3, 198 0 Los Gatos, Californi a REPORT ON HIGHWA Y 1 7 DELL' ENTERPRISE S KNOWLES DRIVE DEDICATIO N RESPONSES T O COMPLAINTS R E DOGS INFORMATION & REFERRA L AGREEMEN T NEIGHBORHOO D CENTER AIDE S FUNDIN G RESCINDIN G SPEED LIMI T ORDINANCE Mayor Ferrito stated this was the time and place duly note d as public hearing to consider report on the closure o f Highway 17, signing of Los Gatos Exits and report on Saratog a Avenue interchange . Mr . Van Houten referred to his repor t stating he had discussed the temporary closure and signing o f the northbound Santa Cruz Avenue off-ramp and CalTrans is willin g to cooperate on the temporary closure and will provide th e necessary signing on Highway 17 if the Town will install th e temporary closure devices . He spoke on preliminary plan fro m CalTrans which shows two locations for temporary closur e signs that indicate "Los Gatos Off Ramp Closed" and on e additional sign indicating "CENTRAL LOS GATOS SECOND RIGHT". These signs would be installed at no cost to the Town . The y would be operated by the Los Gatos Police Officers . Chie f Johnson explained the department position re operating th e off ramp closure signs . After further discussion, Mr . Ventur a moved hearing be closed . Mr . Siemens seconded . Unanimousl y carried . Mrs . Rasmussen moved to accept the recommended actio n as presented by Engineer and to include signing . Mr . Ventur a seconded . Unanimously carried . Acting Town Manager, Richard Perry, requested this be continue d to get clarification from Bond Counsel before entering int o an agreement . Neil ham, representative of Dell Enterprises , stated he was in agreement with request . Mrs . Rasmussen move d request be granted and this be continued to November 17, 1980 . Mr . Ventura seconded . Unanimously carried . Staff presented report on citation re complaint of resident s of Verona Court regarding a neighbor, allowing her dogs to bar k excessively thereby disturbing the peace . And another complain t about the zoning and health violations at100 ,Tait Avenue . Councilman Ventura suggested that staff, when responding t o said complaints, inform complaintants-that Council_Lad reviewe d and .discussed these issues before referring them to,staff .for investigation . Mrs . Rasmussen moved to note and file complaint s and staff to follow up on said complaints in 90 to 120 days . Mr . Siemens seconded . Unanimously carried . Jill Cody, Director of Community Programs, presented Resolutio n and Agreement between the Town and Information & Referra l Service for the Provision of Landlord/Tenant services, statin g there were some changes to be made in the agreement . SECTIO N 1, A-6 Annual Report, should read, ".annual report to b e submitted no later than November 15, 1981". SECTION III, Time of Performance should read, ".. the term is one year perio d from November 1, i95O through October 31, 1981 . SECTION IV . Compensation and Method of Payment, A, the last words of th e first sentence to read, ".paragraph IV B ., and under IX Termination - 2nd sentence to read "... terminate thi s agreement upon 30 days written notice ...". Mr . Siemen s moved agreement be approved as amended and adopt Resolutio n No . 1980-170 entitled, RESOLUTION OF AGREEMENT BETWEEN TOW N OF LOS GATOS AND SANTA CLARA COUNTY INFORMATION & REFERRA L SERVICE, INC . FOR PROVISION OF LANDLORD/TENANT CONFLIC T RESOLUTION SERVICE . Mrs . Rasmussen seconded . Unanimousl y carried . Mr . Siemens moved Council accept staff recommendation an d make an appropriation of $1,450 .00 from the Community Program s budget 28-XX-512 to General Town Administration 10-23-512 . Mr . Ventura seconded . Unanimously carried . Mr . Ventura moved for adoption of Ordinance No . 1479 entitled , AN ORDINANCE OF THE TOWN OF LOS GATOS REPEALING ORDINANCE NO . 1470 . Mr . Siemens seconded . Unanimously carried . November 3, 198 0 Los Gatos, California 4 0 OOMMUNI(JATION RE PLANTING OF TREES - WALNUT AVENUE ADJOURNMENT Mr .Ventura referred to a communication received from Phylli s - Seaborn, re planting of trees on Walnut Avenue . It wa s consensus of Council this be referred to staff for study an d report back to Council . Mr . Ventura moved meeting be adjourned at 8 :55 p .m . t o executive session Mr . Siemens seconded . Unanimously carried . Meeting reconvened at 10 :00 p .m . and adjourned at 10 :02 p .m ATTEST :