Loading...
M 09-09-198146 September 9, 198 1 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 3 :00 p .m ., in continued regular session . ROLL CALL PRESENT : Ruth Cannon, Thomas J . Ferrito, MarLyn J . Rasmussen , Brent N . Ventura and Mayor Peter W . Siemens . ABSENT : None . CHANGE OF Mrs . Rasmussen moved to accept staff recommendation and adop t MEDIATION BOARD Resolution No . 1981-180 entitled, A RESOLUTION AMENDIN G MEETING DATES RESOLUTION NO . 1980-162 TO CHANGE THE TOWN MEDIATION BOARD'S REQUIREMENT FOR REGULARLY SCHEDULED MEETING TO BI-MONTHL Y MEETINGS . Mrs . Cannon seconded . Unanimously carried . SANTA CLARA Mr . Ventura moved for adoption of Resolution No . 1981-181 WATER POLLUTION entitled, A RESOLUTION PROCLAIMING AUGUST AND SEPTEMBER, 1981 , AS "SLOW THE FLOW MONTHS" IN THE SANTA CLARA VALLEY . Mrs . Rasmussen seconded . Unanimously carried . COMMENDATION Mr . Ferrito moved for adoption of Resolution No . 1981-18 2 JESS SMITH entitled, A RESOLUTION COMMENDING JESS SMITH OF SANTA CLAR A COUNTY PLANNING DEPARTMENT . Mrs . Rasmussen seconded . Unanimously carried . OPPOSING GTE Mr . Ventura moved for adoption of Resolution No . 1981-183 INCREASE OF RATES entitled, A RESOLUTION CONCERNING THE APPLICATION OF GENERA L TELEPHONE & ELECTRONICS CO . BEFORE THE PUBLIC UTILITIE S COMMISSION FOR AN INCREASE IN SERVICE RATES . Mr . Ferrit o seconded . Unanimously carried . MEETING ON Councilman Ventura requested that a public meeting be hel d ZUM RATES & GTE on Monday, September 14, 1981, at 7 :30 P .M ., in the -Town RATE INCREASE Council Chambers for discussion on the proposed ZUM''...r.y e s and General Telephone Co . rate increase . The TownManager is to inform the PUC and the representative for GTE of sai d hearing . All persons are invited to voice their opinion s at said hearing . Notifications have been noted in th e San Jose Mercury News and the local Times-Observer . Mrs . Rasmussen moved request be granted . Mr . Ferrito seconded . Unanimously carried . Mr . Ventura moved Council direct the Town Attorney t o petition the PUC to stay the implementation of the ZUM , pending the final decision of this matter . Mr . Ferrit o seconded . Unanimously carried . VOTING DELEGATE Mrs . Rasmussen moved Council appoint Mayor Peter W . Siemen s FOR LCC as voting delegate for the League of California Citie s CONFERENCE Conference and Vice-Mayor Brent N . Ventura as alternate . Mr . Ferrito seconded . Unanimously carried . VERBAL Jack Panighetti, representing the Park Protection League , COMMUNICATIONS stated he had some questions relating to the condemnatio n of the Novitiate property and would like some answers t o the following : 1 .. Is the Town aware that Jesuits Attorney has filed a bill with the courts for $30,926 .28, for Attorney fees , of which he assumes the Town will have to pay as the y were not successful in the case ; 2.Is the Town compelled to pay this and if so, what fun d will it be paid from ? 3.Does Town know the District plans to continue th e condemnation suit against the Novitiate to condemn thei r property . 4.Does the Town plan to enter into any part of continue d condemnation proceedings by the District ? - 1 - 4 7 September 9, 198 1 Los Gatos, Californi a VERBA L COMMUNICATION S (CONTINUED ) TOWN TREASURE R REQUES T PLANS & SPECIFICATION S SS-21 6 PARKIN G PROHIBITION - WEST SIDE O F UNIVERSIT Y AVENUE - SOUT H OF LARK AVENUE 5 Does the Town know the District is holding a publi c hearing Thursday, 7 :30 P .M ., September 10,1981 an d if the Town continues in this suit are they going t o pay any additional cost that comes from this ? Mayor Siemens stated the matter of the property is i n litigation at this time . The questions as put forth tonigh t will be referred to staff for response . The Town Treasurer, James A . Stoops, requested Council's approval to seek legal assistance re 63-7, Local Improvemen t District . Mr . Ferrito moved request be granted . Mrs . Rasmussen seconded . Unanimously carried . Mr . Ventura moved for adoption of Resolution No .1981-18 4 entitled, RESOLUTION OF THE TOWN COUNCIL OF THE TOWN O F LOS GATOS APPROVING PLANS AND SPECIFICATIONS FOR TH E IMPROVEMENT OF THE RAILROAD CORSSING ON WINCHESTER BOULEVAR D PROJECT 216-SS . Bid opening scheduled for September 23,1981 . Mr . Ferrito seconded . Unanimously carried . Withdrawn fora the agenda . HIGH SCHOOL Mr .Ventura moved to accept staff recommendation and authoriz e COURT - REVOCABLE the Director of Public Works to issue a revocable permit t o PERMIT the Los Gatos High School for exclusive use of High Schoo l Court north of Church Street, reserving an access for emergenc y vehicles and public utilities . Mr . Ferrito seconded . Unanimously carried : FORBES MILL T . Fleischli, representative of Prometheus, stated they di d PEDESTRIAN BRIDGE not want to pay the $8,590 and asked just what their obligatio n is . After further discussion, Mr . Ventura moved this ite m be pulled from the consent calendar and refer back . to staff . Mrs . Rasmussen seconded . Unanimously carried . Further discussion was held with Mr . Fleischli stating they would lik e to do their own work as far as painting the bridge . Th e Director of Public Works stated he would like to inform th e state that the Town would join into this maintenance agreemen t and hoped that Prometheus would agree, and he feels the State's proposal is a good deal . Mr . Ventura moved to amend th e motion to state this item to be removed from the consen t calendar . Mrs . Rasmussen seconded . Unanimously carried . SKY LANE NO . 1 Mr . Ventura moved for adoption of Resolution No .1981-18 5 ANNEXATION entitled, A RESOLUTION APPROVING THE ANNEXATION OF CERTAI N UNINHABITED TERRITORY DESIGNATED AS SKY LANE NO . 1 TO TH E TOWN OF LOS GATOS . Mr . Ferrito seconded . Unanimously carried . Mr . Ventura moved for adoption of Resolution No .1981-18 6 entitled, A RESOLUTION . DESIGNATING A TWO-WAY VEHICULAR STO P AT THE INTERSECTION OF BELLA VISTA AVENUE WITH SIMONS WAY . Mr . Ferrito seconded . Unanimously carried . Mr . Ventura moved for adoption of Resolution No .1981-18 7 entitled, A RESOLUTION OF INTENTION TO VACATE EXCESS PORTIO N OF A PUBLIC THOROUGHFARE (;234 LOS GATOS BOULEVARD) FOR PUBLI C ROAD PURPOSES . (Hearing scheduled for October 5,1981 a t 7 :30 P .M .).Mr . Ferrito seconded . Unanimously carried . Mr . Ventura moved for adoption of Resolution No .1981-18 8 entitled, RESOLUTION APPROVING AND ACCEPTING FINAL MAP O F TRACT NO .704 .Mr . Ferrito seconded . Unanimously carried . TWO-WAY STOP A T BELLA VISSA & SIMONS WA Y ABANDONMENT - EXCESS RIGHT - OF-WAY 23 4 LOS GATOS BLVD . TRACT #706 4 FRANK PROPERTY -2 - September 9, 198 1 Los Gatos, Californi a LEASE AGREEMENT Mr . Ventura moved for adoption of Resolution No . 1981-18 9 DELL ENTERPRISES entitled, A RESOLUTION APPROVING LEASE AGREEMENT WITH SANT A CLARA VALLEY WATER DISTRICT (DELL ENTERPRISES). Mr . Ferrit o seconded . Unanimously carried . CERTIFICATES OF Mr . Ventura moved the following Certificates of Acceptanc e ACCEPTANCE &and Notices of Completion be approved : NOTICE O F COMPLETIONS Installation of Wheelchair Ramps, Phase 1, Project 224-HCDA Tract #5548,Rinconada Hills Unit 9, Brown and Kauffman n 15495 Los Gatos Boulevard, New Town, DiDuc a Demolition of Nursery School, Parr Avenue - Project 253-HCD A Installation of Service Center Security System - Project 256-G F Installation of Electroliers, Civic Center Underground - Project 236-U U Sanitary Sewer Smoke Testing - Project 257-S F Repair of Sanitary Sewer, 329 University - Project 258-S F Broadway Extension Assessment District 81-1 Mr . Ferrito seconded . Unanimously carried . Mr . Ventura moved to accept the report on status of Plannin g matters for the month of September . Mr . Ferrito seconded . Unanimously carried . Mr . Ventura moved to accept report on proposed amendments t o the ABAG Regional Plan . Mr . Ferrito seconded . Unanimousl y carried , Mr . Ventura moved to accept report on Santa Clara County's proposed Hillside Zoning Ordinance . Mr . Ferrito seconded .. Unanimously carried . Mr . Ventura moved for adoption of Resolution No . 1981=19 0 entitled, A RESOLUTION OF THE TOWN COUNCIL OF THETcTT OF LO S GATOS AMENDING THE CLASSIFICATION PLAN FOR THE COMPETITIV E SERVICE AND APPROVING JO$ DESCRIPTION FOR THE CLASSIFICATIO N OF ADMINISTRATIVE SECRETARY . Mr . Ferrito seconded- Unanimousl y carried . AMEND Mr . Ventura moved for adoption of Resolution No . 1981-19 1 CLASSIFICATION entitled, A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LO SPLAN - POLICE . GATOS AMENDING THE CLASSIFICATION PLAN FOR THE COMPETITIV E SUPPORT SERVICE SERVICE AND APPROVING JOB DESCRIPTION FOR THE CLASSIFICATIO N ASSISTANT OF POLICE SUPPORT SERVICES ASSISTANT . Mr . Ferrito seconded . Unanimously carried . POSITION & SALARY Mr . Ventura moved Council accept staff recommendation an dSCHEDULEadopt Resolution No . 1981-192 entitled, AN AMENDMENT TOAMENDMENTRESOLUTION 1981-144 ; TOWN MANAGER'S OFFICE AND POLICE DEPARTMENT . Mr . Ferrito seconded . Unanimously carried . RENTAL Mr . Ventura moved to accept staff recommendation and amen d REHABILITATION the Rental Rehabilitation Program to include rental units tha tPROGRAMwill be moved to a site to be eligible for rehabilitatio n and adopt the suggested wording to the Housing Conservatio n Program Policy Guidelines . Mr . Ferrito seconded . Unanimousl y carried . TEMPORARY Mr . Ventura moved to accept staff recommendation and repor t APPOINTMENTS TO re the temporary appointment to the competitive service and "COMPETITIVE information that the Manager has made a temporary appointmen tSERVICEto a position in the Town Community Programs Departmen t (this position subject to the development of an examinatio n and employment list), and the individual who has been appointe d is Sandy L . Baily . Mr . Ferrito seconded . Unanimously carried . MONTHLY REPORT - PLANNING AMENDMENT T O .ABAG COUNTY HILLSID E ZONE AMENDMENT T O CLASSIFICATIO N PLAN - ADMINISTRATIVE SECRETARY 3 4 9 EXPIRATION OF PERMIT S SECOND QUARTE R POLICE REPOR T PG&E SUBSTATIO N PROPERT Y N . SANTA CRUZ & SARATOGA AVENU E TRAFFIC SIGNA L MODIFICATION RESOLUTION O F COMMENDATIO N (--)'MARLON D . SMIT H RESOLUTION O F COMMENDATIO N JANE N . TEUBNE R SCHEDULE O F PUBLIC HEARIN G • YEAR-END USAGE REPORT NEIGHBORHOO D CENTE R STANDARD INSURANC E POLICY AMENDMEN T PAYROLL & WARRAN T DEMANDS- AUGUS T MEETING SCHEDUL E FOR DOWNTOWN / GENERAL PLA N REVIEW The Town Manager presented report re Planning application for m being revised to include the following paragraph : Any approval granted by the Planning Commission automaticall y expires one (l) year from the date of approval unless the us e for which approval is granted is established or substantia l construction has taken place .If the Planning approva l expires, all permits issued, including Building Permits, ar e void . After some discussion, Mr . Ferrito moved Council accep t the Planning application with the amendment of the las t sentence to read "including but not limited to Buildin g Permits, are void". Mr . Ventura seconded .Carried by a vot e of three ayes .Mrs .Cannon and Mrs . Rasmussen voting no . Mr . Ventura moved to accept the second quarter police activit y report . Mr . Ferrito seconded . Unanimously carried . Mr . Ventura moved to accept staff recommendation and Manage r be authorized to notify PG&E that the Town is not intereste d in acquiring the property located on Miles Avenue, at an y price greater than $30,000 . Mr . Ferrito seconded . Unanimousl y carried . Mr . Ventura moved to accept staff recommendation and adop t Resolution No .1981-193 entitled, RESOLUTION APPROVIN G AGREEMENT WITH THE DEPARTMENT OF TRANSPORTATION, STATE O F CALIFORNIA, FOR TRAFFIC SIGNAL MODIFICATION, and Mayor i s authorized to sign on behalf of the Town . Mr . Ferrit o seconded . Unanimously carried . Mr . Ferrito stated, "this be pulled and discussed in Executiv e Session". Mr . Ventura moved for adoption of Resolution No . 1981-194 entitled, A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LO S GATOS COMMENDING JANE N . TEUBNER FOR OUTSTANDING SERVICE TO THE TOWN . Mr . Ferrito seconded . Unanimously carried . Mr . Ventura moved Council accept staff report as to publi c hearings scheduled for upcoming Council meeting . Mr . Ferrit o seconded . Unanimously carried . Mr . Ventura moved to accept staff report on Neighborhoo d Center Usage for the fiscal year 1980-81 .Mr . Ferrit o seconded . Unanimously carried . Mr . Ventura moved for adoption of Resolution No .1981-19 5 entitled, A RESOLUTION AUTHORIZING TOWN MANAGER TO EXECUT E AMENDMENT NO .3 TO STANDARD INSURANCE POLICY NO .363810 . Mr . Ferrito seconded . Unanimously carried . Mr . Ventura moved August payroll in the amount of $270,282 .7 3 and warrant demands in the amount of $568,779 .88 be approved . Mr . Ferrito seconded . Unanimously carried . Mr . Ventura moved meeting scheduled as presented by staff b e approved . Mr . Ferrito seconded . Unanimously carried . Mr . Ventura left the meeting at 4 :00 P .M . 50 September 9, 198 1 Los Gatos, Californi a FORBES MILL Mr . Ferrito moved Council authorize the Director of Publi c PEDESTRIAN .Works to proceed with negotiations with the State and infor m OVERCROSSING the State that the Council approves the concept of th e HIGHWAY 17 agreement . Mrs . Cannon seconded . Unanimously carried . Mr . Ferrito then moved that in light of unexpected turn o f events Council direct staff to research the obligation o f Prometheus Development re the maintenance of the bridge an d immediately advise them of the Town's interpretation an d staff report back to Council at the next regular meeting . Mrs . Rasmussen seconded . Unanimously carried . CLAIM FOR Mr . Ferrito moved to accept staff recommendation and mak e DAMAGES -ROCKY payment of claim as submitted . Mrs . Rasmussen seconded . Unanimously carried . CLAIM FOR Mrs . Rasmussen moved claim for damages filed on behalf o f DAMAGES - RUBERTO Frank Ruberto be denied and referred to insurance carrier . Mrs . Cannon seconded . Unanimously carried . PROCESSING Mrs . Rasmussen moved to accept staff recommendation and al l CLAIMS AGAINST claims filed against the Town be processed in the Attorney's TOWN Office before being presented to Council . Mr . Ferrit o seconded . Unanimously carried . AMICUS ASSISTANCE Town Attorney referred to request for Amicus Assistanc e LIVERMORE from the City of Livermore, stating their would be no cos t involved . Mr . Ferrito moved request be . granted . Mrs . Rasmussen seconded . Unanimously carried . CITY OF GRIDLEY The Town Attorney stated he had also received a_rsques t for Amicus Assistance from the City of Gridley .. Mr_s .. Rasmussen moved request be granted . Mrs . Cannon4se led . Unanimously carried . REQUEST TO ATTEND Mrs . Rasmussen moved Council approve request from the Tow nLCC CONFERENCE Attorney to attend the League of California Cities Conferenc e to be held on October 17th through 20th,1981,and the Town to pay the $75 .00 registration fee . Mrs . Cannon seconded . Unanimously carried . WORD PROCESSING Mrs . Cannon moved Council accept staff recommendation an d EQUIPMENT adopt Resolution No .1981-196 entitled, A RESOLUTION AUTHORIZIN G TOWN MANAGER TO EXECUTE AGREEMENTS WITH WANG LABORATORIES , INC . AND DATA WEST CORPORATION (for rental of word processin g equipment and word processing software). Mrs . Rasmusse n seconded . Unanimously carried . HCD THREE YEAR Mrs . Rasmussen moved Council accept staff recommendation an dJOINT POWERS adopt Resolution No . 1981-197 entitled, A RESOLUTION OF TOW NAGREEMENTCOUNCIL OF THE TOWN OF LOS GATOS AUTHORIZING EXECUTION OF A N AGREEMENT, and Mayor be authorized to sign on behalf of th e Town . Mrs . Cannon seconded . Unanimously carried . MID-PENINSULA Mrs . Rasmussen moved Council accept staff recommendation an d COALITION adopt Resolution No .1981-198 entitled, A RESOLUTION OF TH E HOUSING FUND TOWN COUNCIL OF THE TOWN OF LOS GATOS AUTHORIZING "AGREEMEN T CONTRACT TO REHABILITATE HOUSING", and Mayor be authorized to sign o n behalf of the Town . Mr . Ferrito seconded . Unanimousl y carried . REPORT ON LOS Council accepted the report which stated that staff wil l GATOS MOBILE HOME continue to press the property owner to apply for Architectur e PARK COMPLAINTS and Site approval of plans to complete the work in accordanc e with Town standards, or restore the land to its forme r condition . This is an informational report and it is consensu s of Council to note and file . -5- TRAFFIC & PARKIN G PROBLEMS - OK A ROAD NORTH OF LAR K AVENUE Discussion was held on the traffic and parking problems o n Oka Road north of Lark Avenue and accepted the report fro m staff . After said discussion,Mr . Ferrito moved Counci l authorize staff to check on overuse of property and hav e report back at the October 5, 1981, meeting regardin g abatement of the problem . Also staff continue monitorin g parking : Mrs .Rasmussen seconded . Unanimously carried . SUPPLEMENTAL Mrs .Rasmussen moved Council accept staff recommendation an d APPROPRIATIONS approve the following supplemental appropriations : General Fund Appropriated Reserve : to Parks Department Account 583-3 Pick-up $ 485 .4 0 Parks Department_ Account 583-4 Pick-up 1,230 .3 3 Public Wks Dept Account 583-13 Spreade r Box September 9, 198 1 Los Gatos, California 5 1 2,702 .1 2 $4,417 .8 5 Equipment Reserve Fund : to Account 583-6 Pick-up $ 225 .6 5 Account 583-7 Pick-up 2,759 .07 Account 583-8 Overhead Lube Equipment 7,132 .2 3 $10,116 .9 5 Mrs . Cannon seconded . Unanimously carried . Mrs . Cannon moved . Council appropriate . $2,500 from Genera l Fund Appropriated Reserve to General Town Administration fo r payment to Arthur Young & Co . for the Town Retirement Pla n Audit . Mrs . Rasmussen seconded . Unanimously carried . Mr . Ferrito moved Supplemental Appropriation in the amount o f $50 .00 be approved for refund of deposits to tenants of 2 2 Fiesta Way . Mrs . Cannon seconded . Unanimously carried . TREE REMOVAL The Town Manager presented report re request for tree remova l RINCONADA HILLS in the area of Rinconada,Hills . Staff has reviewed sai d request . It was consensus of Council to accept report . CALL FOR BIDS Mrs . Rasmussen moved Council approve specifications for th e FOR POLICE purchase of (8) new Police Patrol Vehicles and authoriz e PATROL CARS advertising for bids . Mrs . Cannon seconded . Motion fail s on two to two vote . Mr . Ferrito and Mr . Siemens voting no . Mr . Ventura was absent . Mrs . Rasmussen moved the matter b e referred back to staff for report back at next regula r meeting . Mr . Ferrito seconded . Unanimously . carried . TOWN GOALS Mr . Ferrito moved Council set October 5, 1981, as publi c hearing to consider and adopt Town Goals . Mrs . Rasmusse n seconded . Unanimously carried . MEDFLY BILLING Mr . Ferrito moved to authorize an additional payment of $2,850 .37 .. PAYMENT for payment to the Town Attorney for MEDFLY litigation . Mr . Siemens seconded . Motion fails . Mrs . Cannon and Mrs . Rasmussen voting no . Mr . Ventura absent . Mr . Ferrito moved Mayor send letters to other cities who hav e not reimbursed the Town for their full payment Mrs .Rasmusse n seconded . Unanimously carried . COUNTY MORTGAGE Mrs . Cannon moved Council accept staff recommendation and th e REVENUE BOND Town of Los Gatos not participate in the County Mortgag e PROGRAM Revenue Bond Program and a letter be sent to Mary Davey , Housing Advisor, stating the reason for not participating . Mrs . Rasmussen seconded . Unanimously carried . PROCEDURES O N PREPARATION O F RESOLUTIO N SENATE BILL 89 9 CALIFORNIA ENERGY COMMISSION RULES OF CONDUC T FOR COUNCIL & COMMISSIO N COUNCIL REPORT S PEDRO'S LITIGATIO N EXECUTIVE SESSION ADJOURNMEN T & el.5,/Pi September 9,1981 Los Gatos, Californi a Mrs . Cannon moved for adoption of Resolution No .1981-19 9 entitled, A RESOLUTION ESTABLISHING PROCEDURES FOR PREPARATIO N OF RESOLUTION AT TOWN COUNCIL MEETINGS .Mrs .Rasmussen seconded . Unanimously carried . Mr . Ferrito referred to Senate Bill 899 and moved that th e Town is joining with the County in opposing said bill an d legislators be sent copies of our letter of opposition . Mrs . Cannon seconded . Unanimously carried . Letter received from the California Energy Commission r e Residential Conservation Service Program . Letter referred to staff for report as to whether the Town should participat e in said program . Mrs .Rasmussen moved to request staff to investigate studie s and report back to Council regarding what other Council s in surrounding areas or through out the state as to polic y or ground rules for conduct of Council members and Commissio n members . She feels the Town should have certain policie s outlined as to whether a Council member should discuss o r comment on matters coming before them as public hearings . Motion died for lack of second . Mayor Siemens inquired as to signing on Highway 17 . Directo r of Public Works is looking into this . Mayor Siemens stated Highway 85 EIS is out and feels th e Town staff should look into this report and report back t o Council . The Director of Public Works stated he ha's writte n to the Dept, of Transportation requesting a copy . Mayor Siemens reported on the dangerous proble m ._causad by delivery trucks double parking in front of Hannegan :_.=s . I t was consensus of Council to refer this to staff . Mr . Ferrito moved to authorize the Town Attorney to fil e a motion to enforce oral settlement in the Pedro litigation . Mrs . Rasmussen seconded . Unanimously carried . Mayor stated Council would adjourn to an executive sessio n at 5 :12 P .M . Mrs . Rasmussen returned to Council chambers at 5 :13 P .M . Council reconvened at 5 :20 P .M . Mr . Ferrito moved resolution commending Marlon Smith b e reworded and continued to the adjourned meeting of Septembe r 14, 1981,at 7 :30 P .M ., in the Council Chambers . To b e followed by public hearing on General Telephone increase s and ZUM rates . Mrs . Cannon seconded . Unanimously carried . ATTEST :61-deli-Rose E, Aldag Town Cler k - 7