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M 11-17-1980November 17, 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 :40 p .m ., in regular session . ROLL CALL PRESENT : MarLyn J . Rasmussen, Peter W . Siemens, Brent N . Ventura and Mayor Thomas J . Ferrito . ABSENT : Ruth Cannon .. PLEDGE O F ALLEGIANCE Given by all in attendance . MINUTES Mr . Ventura stated the November 3rd, 1980, minutes, page 4 subject - REPORT ON HIGHWAY 17 (the motion to accept th e recommended action as presented by Town Engineer), shoul d reflect that he seconded the motion with the clarificatio n that the three signs indicating Monte Sereno and Saratog a exits will now be designated as CENTRAL LOS GATOS DISTRICT . Page 4, subject - INFORMATION AND REFERRAL AGREEMENT . Mr . Ventura abstained on the vote to adopt Resolution No . 1980-170 . Mr . Ventura moved minutes be approved as corrected . Mr . Siemens seconded . Unanimously carried . WRITTEN 1 . Letter from Sue N . Barrett, Principal of Louise Van Mete r COMMUNICATIONS School, requesting the removal of the red line curb nex t to the school on Nino Avenue to accomodate more parkin g spaces . Acting Town Engineer stated this has been take n care of . Council instructed Acting Town Engineer t o respond to Ms . Barrett . 2 . Letter from Dan W . Yoder, 18500 Aquino Way, Saratoga , objecting to the new "NO PARKING 'LONE" on N . Santa Cruz Avenue from 2 :00 p .m . to 7 :00 p .m ., on Sundays,. It was consensus of Council this be referred to staff or response . 3 . 4 . COUNCIL Mayor Ferrito referred to letter received from the Senio r COMMUNICATIONS Coordinating Council supporting the HUD Project and asked tha t this be held until the December 1st meeting when this projec t will be discussed . Mayor Ferrito referred to letter received from Lois Chapso n re the problems of noise and pollution from trucks and equipmen t from the Town Service Center . Letter referred to Acting Town Engineer for a report to Council at a later date . Mayor Ferrito referred to communication received from City o f Cupertino, asking that each city appoint two representatives , one disabled and one able-bodied (preferably a Council Member). These two would represent the Council in coordinating program s throughout Santa Clara County . Council should give suggeste d names to Mayor Ferrito . Mayor Ferrito stated he had been advised by the Town Clerk tha t the Council has established a Youth Advisory Commission . Th e Commission is to consist of five students and two adults, an d to date the Town has received only five applications (thre e students and two adults). Mayor Ferrito stated he would lik e to request the press to note in their publications the nee d for more applications . Mrs . Rasmussen suggested that she an d Mr . Ventura arrange to go to some of the Junior and Senio r High School classes and inform the students of the Council's need for interested students to participate in this Commission . The Interim Town Manager was instructed to send letters to th e schools and asking them to inform students of the Commissio n openings . Revenue and Expenditure reports for October,1980, from the Office of Town Clerk . Treasurer's report for the month of October,1980 . - 1 - 40 9 November 17, 198 0 Los Gatos, Californi a VERBAL Mr . William R .Spendlove,from audience, requested Counci l COMMUNICATIONS to prepare a Proclamation designating December 2nd throug h December 7th as "Automotive Appreciation Week". Mrs . Rasmusse m moved request be granted . Mr . Ventura seconded . Unanimousl y carried , Russell Louthian, 129 Loma Alta Avenue, spoke to Counci l regarding a new housing program the Community Services an d Development Commission has been researching and that is th e Joint Venture Home Ownership Program . He stated the Commissio n would like to formalize this program and design a Town progra m of assistance and spoke of some problems before formalizin g said program . He also stated the Commission would be intereste d in any suggestions from Council . It was consensus of Counci l the concept was good and would like to see what could be worke d out . Dom Sallitto, from the audience spoke on the lack of telephon e facilities in the Council Chambers lobby. He also requeste d lights be installed in the phone booth located at the entranc e of the library . Mayor Ferrite stated these requests will b e looked into . J . Lewis, 24095 Summit Wood RC, spoke on the lack of acces s to different businesses in Los Gatos to the handicapped . Naming the Noodle Palace and the new bank on Los Gatos Boulevard , located in New Town . Buidling Official,Archie Watson, reporte d to Council that the Noodle Palace has been cited for lack o f accessibility and knew of no other building in violation, bu t he would investigate . Mr .Lewis also spoke on the lack of curb cuts at the Old Town Parking Lot . After further discussion , it was consensus of Council that access committee should wor k with staff on these problems . BID AWARD Acting Town Manager referred to his report re current an d future vehicles needs in the Police Department and recommende d the following ; 1 . Approve the purchase of the two new patrol cars o n the basis that while the total LGPD fleet size is adequate , the number of patrol units may be inadequate to meet pee k patrol needs . 2 . Freeze the fleet size at 23 automobiles until a utilization study is completed . 3 .Through a more efficient mix of the fleet, reduce th e LGPD automobile size by . at least two unmarked vehicles . Thi s would begin with elimination of one unmarked vehicle schedule d and budgeted for replacement this fiscal year . 4 .Staff to conduct a Town wide vehicle utilization analysi s between now and budget time which would include a review of : a.Department's take-home policies . b.Size of patrol cars and other vehicles . c.Replacement schedules in light of increase d capitalization costs . d.Downtime (repair) information . e.Opportunities to diminish the Town's total fleet . 5 . Town investigate and initiate a program to improve fue l efficiency through the use of vacuum gauges and associated trainin g for Town employees . Reference was made to the report fro m Chief Johnson . After further discussion, Mrs . Rasmusse n suggested only item number one of Acting Town Manager's repor t be accepted, as new Town Manager will soon be aboard . Mr . Siemens moved Council accept all recommendations and accep t the low bid of West Valley Dodge in the amount of $18,134 6 8 and that the unexpended balances in capital expenditure account s 583-5 ($78 .32)and 583-6 ($68 .30)be transferred to capita l account 583-9 to accomodate the bid price . Mr . Ventura seconded . Unanimously carried , -2 _ November 17, 198 0 Los Gatos, Californi a BID AWARD Mr . Ventura moved Council accept staff recommendation andDOWNTOWNaward the contract for this project to the low bidder, Ne wNEIGHBORHOODWest Construction, in the amount of $164,292 .00 and authoriz e CENTER - PHASE II the Mayor and Clerk to sign the contract on behalf of th e Town . Mrs . Rasmussen seconded . Unanimously carried . BID AWARD CIVIC Mrs . Rasmussen moved Council accept staff recommendation an d CENTER HANDICAPPED award the contract for the project to the low bidder, R .ACCESS - PROJECT Christensen Construction Co .,Inc .,in the amount of $58,970 .0 0 237-CT and authorize the Mayor and Clerk to sign said contract o n behalf of the Town . Also, appropriate $62,000 .00 from th e Construction Tax Fund to cover said contract . Mr . Siemen s seconded . Unanimously carried . CIVIC CENTER Mr . Ventura moved Council accept staff recommendation an dUNDERGROUNDapproveasupplemental appropriation in the amount of $15,076 .0 0UTILITY DISTRICT to cover additional cost of the project . Mr . Siemens seconded .Unanimously carried . TRAFFIC SIGNALS Mr . Ventura moved Council accept staff recommendation an dMORE AVENUE -allocate $40,000 .00 from Section 2107 Gas Tax Fund (to cove rPOLLARD ROAD the Town's share of said project) and authorize the Clerk t oPROJECT 234-SS forward payment to the City of Campbell as per the cooperativ e agreement . Mr . Siemens seconded . Unanimously carried . FORBES MILL Mr . Ventura moved Council accept staff report on the complain t (HOVER COMPLAINT) of Wade Hover re construction of the Forbes Mill Project . Mr .Siemens seconded . Unanimously carried . NOTICE OF Mr . Ventura moved Council approve the Notice of Completion an dCOMPLETION TRACT Certificate of Acceptance for Tract No . 6514, Kennedy RoadNO. 6514 (Maslesa Development). Mr . Siemens seconded .Una imously carried . PARKING CITATION Mr . Ventura moved for adoption of Resolution No . 1980-171PROGRAMentitled, RESOLUTION AUTHORIZING AGREEMENT WITH DATADOM SYSTEM S CORPORATION, concerning the processing of parking violatio ncitations issued by the Los Gatos Police Department and th e Mayor be authorized to sign said agreement . Mr . Siemensseconded. Unanimously carried . COUNTY REFERRALS Mr . Ventura moved Council accept staff recommendations o n County Referrals stating the projects are outside the Urba n Service Area and also, accept Planning Director's report r e San Jose Referral on their 1980 General Plan Annual Review .Mr . Siemens seconded . Unanimously carried . ZONING ORDINANCE Mr . Ventura moved for adoption of Ordinance No . 1480 entitled ,AMENDMENT -ORDINANCE AMENDING THE ZONING ORDINANCE OF THE TOWN OF LO SDELETE NOISE GATOS TO REPEAL SECTION 3 .70 .010 RELATING TO NOISE STANDARDS .SECTION Mr . Siemens seconded . Unanimously carried . REZONING Mr . Ventura moved for adoption of Ordinance No . 1481 entitled ,KAVANAUGH ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONING ORDINANC EPROPERTIES -EFFECTING ZONE CHANGE NO .44 FROM R-1 :8,000 to "0". (Thi sNATIONAL AND ordinance had been pending until all conditions were met). Mr .CAMINO DEL SOL Siemens seconded . Unanimously carried . BONNIE LANE -Mayor Ferrito stated this was the time and place duly publishe dREZONINGfor the public hearing on the request for zone change fro mR-1 :8,000 to R-1 :20,000, for the Bonnie Lane area . Plannin g Director, Lee Bowman, stated hearings had been heard at th e Planning level and they are recommending the zone change . Mr . Karl Bumpass, representing Mr . & Mrs . Hatch, spoke agains t the rezoning and requested the Hatch's property be exclude d from any rezoning . Mrs . Hatch also spoke against the rezoning ,and presented to the Clerk a letter from Bob Berg, who is als o opposed to the rezoning . Speaking in support of the rezonin gwere Karen Ettinger and Mr . and Mrs . Kishler ?who stated the y - CARETAKERS UNIT S ZONING ORDINANC E AMENDMEN T ROCHIN TERRAC E NO .2 ANNEXATION COUNCIL REPOR T DELL ENTERPRISE S KNOWLES DRIVE DEDICATIO N APPROVIN G SUBDIVISIO N TRACT 687 8 (LAMPE) 4 .1 November 17, 198 0 Los Gatos, Californi a wished to keep this neighborhood rural and unique and als o stated the rezoning is consistent with the General Plan . After further discussion and no one else wishing to speak , Mr . Ventura moved hearing be closed . Mrs . Rasmussen seconded . Unanimously carried . Mr . Ventura moved Council make th e Negative Declaration . Mr . Ferrito seconded . Unanimousl y carried . Mr . Siemens moved reading be waived for AN ORDINANC E OF THE TOWN OF LOS GATOS AMENDING THE ZONING ORDINANC E EFFECTING ZONE CHANGE FROM R-1 :8,000 TO R-1 :20,000 . Mr . Ferrito seconded . Unanimously carried .Mrs .Rasmussen move d request for zone change be approved with the exception of lot s 53 and 54 . Motion died for lack of second . Mr . Ventur a moved Council accept Planning recommendation and the Ordinanc e be introduced as proposed as it is consistent with the Tow n General Plan .Mr .Ferrito seconded . Carried by vote of thre e ayes . Mrs . Rasmussen voting no . Mayor Ferrito stated this was the time and place duly publishe d for the public hearing to consider Zoning Ordinance Amendmen t s-80-7, deletion to references in the HR Zone relating t o additional dwelling and addition of provisions for Caretaker s Units as permitted if a conditional use permit is issued . Planning Director, Lee Bowman, spoke on the recommendation s of the Planning Commission . There being no one else wishin g to speak on this issue,Mr .Siemens moved hearing be closed . Mr . Ventura seconded Unanimously carried . Mr . Ventura move d reading be waived for AN ORDINANCE OF THE TOWN OF LOS GATO S AMENDING THE ZONING ORDINANCE CONCERNING ADDITIONAL DWELLING S AND CARETAKES QUARTERS IN THE HR ZONE . Mr . Siemens seconded . Unanimously carried . Mr . Ventura moved Ordinance be introduced . Mr . Siemens seconded . Unanimously carried . Mayor Ferrito stated this was the time and place duly publishe d for the public hearing on RochinTerrace No . 2 Annexation . There being no one wishing to speak on this issue, Mr . Ventur a moved hearing be closed . Mr . Siemens seconded . Unanimousl y carried . As .no written protests have been filed,Mrs .. Rasmussen moved for the adoption of Resolution No . 1980-172 , entitled, A RESOLUTION APPROVING THE ANNEXATION OF CERTAI N INHABITED TERRITORY DESIGNATED AS ROCHIN TERRACE NO . 2 TO TH E TOWN OF LOS GATOS . Mr . Ventura seconded . Unanimously carried . Mr . Ventura stated the HCD Council Committee met the firs t week of the month and discussion was held on the 7th yea r funding of the program . The committee voted to give highes t priority to ongoing projects at that time . As the Town ha s completed all their projects, there may be problems in gettin g funding for new projects and Mr . Ventura wanted Council to b e aware of this . Acting Town Manager, Richard Perry, stated a request had bee n received from Dell Enterprises, asking to withdraw this ite m due to technical problems . It was consensus of Council t o accept said request . Acting Town Engineer, stated monies have been received for th e easements and all is in order to adopt the necessary resolutions . Mrs .. Rasmussen moved for adoption of Resolution No . 1980-17 3 entitled, RESOLUTION AUTHORIZING AGREEMENT WITH SOUTHER N PACIFIC TRANSPORTATION COMPANY . Mr . Siemens seconded . Unanimously carried . Mrs . Rasmussen moved for adoption of Resolution No . 1980-17 4 entitled, RESOLUTION APPROVING AND ACCEPTING FINAL MAP O F TRACT NO . 6$78 . Mr . Siemens seconded . Unanimously carried . November 17, 198 0 Los Gatos, Californi a VILLA VASONA LTD Acting Town Attorney, Mr . Hays, stated there has been negotiation s DEVELOPMENT with the developers and now he had a draft agreement still i n AGREEMENT the process of being revised and referred to some of the issue s that he need directions from Council to finalize said agreement . Primary issue is the 50 year clause, as the developer ha s expressed concern over this 50 year provision and if the Tow n and Mr . Sheehan, the developer, cannot agree on this provisio n the Town Council may elect to grant the project to number 2 o r 3 on the list of developers . It has been spelled out in th e agreement that the project will stay low-and-moderate incom e housing forever . Discussion was held on standards in whic h the property should be maintained . Mr . Siemens suggested the Town standards be spelled out in the agreement . Mr . Hays questioned if HUD would accept that . Council then discusse d the payment of fees and the agreement calls for the develope r to pay all escrow and closing cost fees . Mr . Siemens state d one thing he would like to see in the agreement is the preferenc e for Los Gatos residents to rent these low-income housing units . Mr . Ventura asked about the limitations of transfer . Mr . Hay s stated that had not been put into the agreement as yet . Mr . Sheehan, spoke on the above changes, stating basically he agree s with what has been said with the exception that when he wen t into the development, he was under the impression that i t would have the benefits of ownership and concerned re developmen t reverting to the Town after fifty years . Mayor Ferrito questione d as to whether all developers were aware of the 50 year provision . After further discussion, Mrs . Rasmussen stated she woul d like to study agreement before giving Mr . Hays further direction s and moved this matter be continued to December 1st meeting an d the agreement as discussed tonight be redrafted . Mr . Ventur a seconded . Unanimously carried . BLOSSOM HILL Acting Town Engineer stated he had contacted property owner s ROAD PROJECT who had opposed this project when it was before the =Council a t SS-201 the October 27, 1980 meeting, and each complaint has bee n reviewed and spoke on the recommendations that are,;.before th e Council tonight to go ahead with Plan C as shown on the poste d map . Mr . Trejo, spoke against the proposed project an d presented the Clerk with petition signed by 52 residents in th e area opposing the Plan . Mr . Van Adams, 103 Mary Way, state d he had been one of the property owner's that had proposed thi s project for the safety of the people in the neighborhood . Jack Parsons, 15880 Blossom Hill Road, spoke in opposition an d referred to petition that was signed by 52 residents that i s also opposed to said project . Ken Hornung,131 Mary Way , spoke on the many accidents that have occured in the Blosso m Hill Road area and spoke in favor of a signal at Short an d Blossom Hill Road . Mr . Bill Deffer, 15940 Blossom Hill Road , stated he has never been contacted, and if a signal wa s installed it would take the frontage of his property . J . Petroski, stated a traffic light installed at Blossom and Shor t Road would not stop speeders, it would just cause more congestion . Diane Carlson, 15830 Blossom Hill Road, spoke against the los s of her property for widening and feels it will create mor e traffic on Short and Shannon and she feels this should be se t for a public hearing . Mr . Ventura inquired as to cost of sai d project . Mr . Van Houten stated the cost of construction woul d be $400,000 with County paying 25% of the cost . Mrs . Rasmusse n moved to abandon the project . Mr . Ventura seconded, as h e feels the project solves problems for one group but makes i t worse for another group and from testimony heard tonight, h e cannon support project . Motion fails with Mr . Siemens and Mr . Ferrito voting no . After further discussion, Mayor Ferrit o moved to refer back to staff for further study . Mr . Siemen s seconded . Unanimously carried . - 5 November 17, 198 0 Los Gatos,California 41 3 Acting Town Engineer, Mr . Van Houten,presented plans an d specifications for the Los Gatos Creek Bike Route .Mr .Fre d Capp, 264 Las Miradas,spoke against the proposed project a s it would necessitate cutting down some of the trees and woul d also encourage houses being burglarized . Park Superintenden t stated there would be no trees cut down . It was als o questioned why the bike route could not be built on the othe r side of the creek, and the width of the bike path was questioned . It was felt that 8 foot was really not necessary . After further discussion, Mr . Siemens moved to adopt the Negativ e Declaration and adopt a resolution approving the Plans an d Specifications and direct the Town Clerk to advertise for bids . Mr . Ferrito seconded . Mrs . Rasmussen voted against the motion as she is against the 8 foot path, the trail in its natura l state is adequate and no need to spend that much money .Mr . Ventura stated he would like to continue the matter for stud y of placing the path on the other side of the creek and woul d like to ask staff for cost of feasibility on this . Mr . Ferrit o withdrew his second . Mayor Ferrito stated they will ask fo r staff report on cost and feasibility of providing a trail o n the other side of the creek. Mr .Ventura stated he would s o move for continuance for staff report . Mr . Siemens seconded . Motion carried by three ayes . Mrs . Rasmussen voting no . SCHOOL CROSSING Mrs . Rasmussen moved to accept staff recommendation tha t GUARD AT FISHER Council authorize the addition of one crossing guard positio n SCHOOL in the Police Department and grant a supplementary appropriatio n of $ 2,100 .00 to the Police Department to defray the estimate d $1,800 .00 in salary for the remainder of the school year an d $300 .00 for uniform and equipment items .This would assign a n adult crossing guard at Blossom Hill Road and Roberts Road . Mr . Ventura seconded . Unanimously carried . 1979 BUILDING Mr . Ventura moved for adoption of Resolution No . 1980-17 5 CODES entitled, A RESOLUTION CONCERNING CHANGES IN UNIFORM CODES -- HEALTH AND SAFETY CODE SECTION 17958 .7 . Mr . Ferrito seconded . Unanimously carried . Mr . Siemens moved Clerk be authorized t o set public hearing to consider the adoption of the 197 9 Building,Mechanical,Housing,,etc .codes .Mr . Ventura seconded . Unanimously carried . HILLSIDE Mr . Ventura spoke on the alternatives available to the Tow n SUBDIVISION OPEN to preserve open space in the Hillsides and he feels the mos t SPACE DEDICATION effective and reasonable way of approaching this, is to requir e dedication of open space easements to public entities as a condition of subdivision approval in the hillsides . It shoul d be the policy of the Town to require these dedications of al l hillside subdivisions . After further discussion, it wa s consensus of Council for Mr . Ventura, Mr . Bowman and Mr . Hay s to review this matter for a recommendation at a later date . MEDIATORS Mrs . Rasmussen moved for adoption of Resolution No . 1980-17 6 CONTRACTS entitled, RESOLUTION APPROVING CONTRACT FOR MEDIATION SERVICE S AND AUTHORIZING TOWN MANAGER TO EXECUTE SUCH CONTRACTS WIT H QUALIFIED MEDIATORS . Mr . Siemens seconded . Motion carries , Mr . Ferrito and Mr, Ventura abstained . ZONE CHANGE It was consensus of Council to accept Planning Director's APPLICATION report on denial of zone change application Z-80-14 from R-1 :8,00 0 Z-80-14 to "0", 15347 National Avenue, Kosich Construction Company , ADJOURNMENT Mayor Ferrito declared the meeting adjourned at 12 :42 a .m ., Tuesday,November 18, 1980 . ATTEST : PROJECT 243-S S LOS GATOS CREEK - BIKE ROUTE