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M 12-07-1981December 7, 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 7 :50 p .m ., in regular session . ROLL CALL PRESENT : Ruth Cannon, Thomas J . Ferrito, MarLyn J . Rasmussen, Brent N . Ventura and Mayor Peter W . Siemens . ABSENT :None . PLEDGE O F ALLEGIANCE Given by all in attendance . REPORT RE :Mayor Siemens reported on the Executive Session that was hel d EXECUTIVE prior to the Council meeting . The following matters wer e SESSION discussed . 1.Rural Supply parking litigation . 2.Bandov lawsuit on subdivision . 3.Novitiate eminent domain proceedings . 4.Pedro's handicap access . 5.Pending litigation on a discrimination complaint . 6.Cruising Ordinance litigation . 7.Pending classifications studies . 8.Community Development Director position and recruitment . 9.Possible litigation on Forbes Mill . MINUTES Discussion was held on corrections of the November 16,1981 , minutes and after said discussion, Mr . Ferrito moved that approval be continued to December 21,1981,pending incorporatio n of verbatim transcript on "Recruitment of Community Developmen t Director". Mrs . Rasmussen seconded . Unanimously carried . Mr . Ventura asked that on page 4 (LOS GATOS MEDICAL PARK STOR M DRAIN EASEMENT VACATION), be noted that he indicated his concer n for-adequate landscaping on site and this be an issue considere d along with the vacation of the storm drain easement . Letter from Green Valley Disposal Company requesting a rat e increase . Mr . Ferrito moved to accept staff recommendatio n and direct staff to undertake a review of the subject reques t in cooperation with the municipalities of Campbell, Mont e Sereno and Saratoga . A.report to be provided to Council a t their regular meeting of January 4,1982 . Mrs . Rasmusse n seconded . Unanimously carried . Request from San Jose Symphony re Mansion 82 fund raisin g project . Mrs . Cannon moved to accept staff recommendatio n and this be referred to staff for review with a report t o Council on January 4,1982 .Mr . Ventura seconded . Als o ask staff to look into the possibility of having a shuttl e service . Unanimously carried . Request from St . Mary's Youth Group, asking for permissio n to do Christmas caroling . Mr . Ferrito moved to accept staf f recommendation and request be granted, subject to conditio n that carolers only sing on public sidewalks from dayligh t to midnight . Mrs . Cannon seconded . Unanimously carried . Request from Brown and Kauffmann re street names in propose d subdivision which are not on the Town's approved historica l name list . After some discussion, Mrs . Rasmussen move d Council accept staff recommendation and grant Brown an d Kauffmann the use of names as requested . Staff is to reques t a list of names from the Los Gatos Historical Society an d the Museum so the Town can create a new historical stree t name list . Mr . Ferrito seconded . Unanimously carried . 5 . Letter from the Crippled Children's Society requesting tha t electrical equipment remain permanently .on the propert y located at Lark and Winchester . After some discussion, Mrs . Cannon moved the request be denied and matter be referre d to staff for study and report to Council at a later date . Mr . Ventura seconded . Unanimously carried . WRITTE N COMMUNICATIONS 1 . 2 . 3 . /. -1 - _5 December 7, 198 1 Los Gatos, Californi a REFERRAL 1 . Letter from Mr . Robert Chleboun, 131 Vista del Lago, wit h COMMUNICATIONS information regarding his arrest by the Los Gatos Cit y Police . After some discussion,Mrs .Rasmussen moved thi s be referred to staff as to Town procedures on arrest an d report be made to Council . 2.Letter from Howard Thompson, 207 Vista de Sierra, complainin g to Council of unsatif actoryservice being received from Teleprompter . It was consensus of Council to hold thi s complaint and notify Mr . Thompson of the public hearing t o be held by Council early in 1982 . 3.Letter from Allen Sumner, Deputy Legal Affairs Secretary , from the State of California thanking Council for thei r correspondence to Governor Brown regarding the parole o f Sirhan-Sirhan . Note and file . 4.Letter from Carlo Rizzo, the Village Tailor, 221 Saratog a Avenue, commending the Police Department for their excellen t response to two burglaries that took place in March an d June of 1981 . 5.Letter from O .L . Johns, regarding the blocking of the entr y to his business at 151 N . Santa Cruz Avenue .Note and file . 6.Mayor Siemens referred to a letter received from Constanc e K . Hopper, Executive Director of Eureka Foundation, furnishin g Council with a list of names of the First Forbes Mill Museu m Advisory Board . He is requesting Council to adopt a resolution recognizing said appointments . Mr . Ventura state d the Board had contacted him and this request for resolutio n is not in order at this time . The letter was meant to b e informational only . APPEAL -Mr . Ventura moved for adoption of Resolution No .1951-239 entitled , 43 BAYVIEW A RESOLUTION DENYING AN APPEAL OF PLANNING COMMISSION'S APPROVA L AVENUE OF ARCHITECTURE AND SITE APPLICATION S-51-55 . Mrs . Rasmusse n seconded . Carried by a vote of four ayes . Mr . Ferrito abstained . KAVIN LANE -The Town Attorney presented a proposed revised ordinance deletin g PLAN LINE the official plan line for Kavin Lane as recommended by Counci l at their meeting of November 16, 1981 . Mrs . Rasmussen move d reading be waived for AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDIN G ORDINANCE NO . 526, AS AMENDED, TO DELETE THE PLAN LINE FOR TH E EXTENSION OF KAVIN LANE TO OAK KNOLL DRIVE . Mrs . Cannon seconded . Unanimously carried . Clerk read title . Mrs . Rasmussen move d ordinance be introduced . Mrs . Cannon seconded .. Unanimousl y carried . ORDINANCE RE The Town Attorney presented a proposed ordinance requirin g WITHDRAWING AN consent of Council to withdraw an appeal . Mrs . Cannon move d APPEAL reading be waived for AN ORDINANCE OF THE TOWN OF LOS GATO S AMENDING SECTION 5 .30 .050-OF .THE TOWN ZONING ORDINANCE TO PROVID E THAT APPEALS FROM DECISIONS OF THE PLANNING COMMISSION MAY NO T BE WITHDRAWN WITHOUT THE CONSENT OF THE TOWN COUNCIL . Mrs . Rasmussen seconded . Unanimously carried . Clerk read title . Mr . Ventura moved ordinance be introduced .:Mrs . Rasmusse n seconded . Unanimously carried . CLAIM FOR Mrs . Cannon moved to accept staff recommendation and deny th e DAMAGES claim for damages filed on behalf of Mr . & Mrs . Louise Franck x (FRANCKX)and be referred to thé Town's insurance carrier . Mr . Ventur a seconded . Unanimously carried . VERBAL Gertrude Knott, spoke on a letter from the Council on Aging o f COMMUNICATIONS Santa Clara County, the changing structure and reorganizatio n of the Council on Aging . This letter requests from the Counci l the reappointment of Gertrude Knott from the COA Board o f Directors to the Advisory Council . Ms . Knott stated she woul d be unable to serve and she asked Council to appoint someon e else as representative to the Advisory Council . Mrs . Rasmussen moved this be referred to the Senior Coordinating Council an d request from them a list of recommended names . Mr . Ferrit o - 2 - VERBAL COMMUNICATION S (CONTINUED ) PAYROLL AN D WARRAN T DEMANDS POSITION O F POLICE LIEUTENAN T COUNT Y REFERRAL S PLANNIN G REPORT December 7, 198 1 Los Gatos, Califorr-.a seconded and asked that the motion include having an appropriat e resolution prepared commending Ms . Knott for her services . Unanimously carried . Gertrude Knott presented Council with a progress report fro m Council on Aging re funding recommendations . Richard Gaines, 340 Johnson Avenue, spoke on initiative measur e and requested Council to adopt a resolution supporting th e placing of a . freeze bilaterally on further production of nuclea r weapons. Mr . Gaines presented some literature regarding thi s measure . Mr . Ferrito asked that literature be reproduced an d presented to each Council member before the next Council meeting . Mrs . Rasmussen moved for approval of November warrant demand sin the amount of $451,741 .68, November payroll in the amount o f $293,469 .39 and vacation/sick leave cash out in the amount o f $44,035 .19 . Mrs . Cannon seconded . Unanimously carried . Mrs . Rasmussen moved for adoption of Resolution No . 1981-240 entitled, A RESOLUTION AMENDING RESOLUTION NO . 1981-144 ADOPTING SCHEDULES OF AUTHORIZED POSITIONS AND SALARIES FOR THE TOWN O F LOS GATOS FOR FISCAL YEAR 1981-82 . This extends the positio n of Police Lieutenant to 6/30/82 . Mrs . Cannon seconded . Unanimously carried . John Echiverria, Attorney, spoke on land use permit applicatio n on County referral 1569-17-42-81P . The five issues that staf f states claims have not been addressed, are : 1.Visible from Highway 17 . 2.Grading required for tanks, roads and parking area .. 3.Possibility of oil spill down Moody Gulch onto the Old Sant a Cruz Highway area and Lexington Reservoir . 4.Proposal for sanitary sewage disposal inadequately described . 5.Traffic impact or Highway 17 during drilling and, ,durin gproduction. Mr . Echiverria stated the wells would not be visible from th ehighway; grading would be minimal ; 'precautions would be take n re oil spills ; sanitary sewage would be adequate and as thi s was a small operation there would be no traffic impact . Council members questioned the fire dangers and the noise factor . Mr . Echiverra stated noise factor of the pumps would be less tha n what is now generated by traffic on Highway 17 . Mrs . Jo Bartlett, from audience, spoke in opposition of the application . Stating the terrain in said area is very steep and this is prim e water shed area it should be protected . Dan Fitch, also spok e in opposition to said application . After further discussion, Mrs . Rasmussen moved Council accep t staff recommendation on the following : 1562-26-46-81G Bear Creek Rd .Banji Grading permi t for single family dwelling no comment . 12578 .5 Summit Rd .Coombe'.Time extension fo r3-lot subdivision . approved in 1979 no comment . 1337-32-44-81B Soda Springs Rd .Periera Singl efamily dwelling no comment . 1569-17-42-81P Moody Gulch Goodrich (Magi Oil ) Use Permit to drill 2 oil wells Ask County Planning Commissio n to deny oil well operation . Reasons being the 5 issues liste d above and also add : 6) Noise limits on pumps, and 7) Fir edangers. Mrs . Cannon seconded . Unanimously carried . Mrs . Rasmussen moved Council accept the status of Plannin g matters for the month of December . Mrs . Cannon seconded .Unanimously carried . -3 97 . December 7, 198 1 Los Gatos, Californi a EMPLOYEE RELATION S SERVICE NTOICE O F COMPLETIO N 15405 1538 7 LOS GATO S BOULEVARD CIVIC CENTE R PARKING LO T EXPANSIO N PROJECT 272-R S FENCING O F .NOVITIATE PARK SITE - .SIGNALIZATION N . SANTA CRU Z AVENUE AN D ANDREWS STREET PARKING BAN - N . SANTA CRUZ AVENUE APPRAISAL O F MEADOW GOLD PROPERT Y PURCHASE O F TRANSIT ASSIS T STATION WAGO N COUNCI L MEETIN G SCHEDULE Mrs . Rasmussen moved for adoption of Resolution No . 1981-24 1 entitled, A RESOLUTION APPROVING AMENDMENTS TO JOINT POWER S AGREEMENT FOR INTER-GOVERNMENTAL EMPLOYEE RELATIONS SERVICES . Mrs .Cannon seconded . Unanimously carried . It was consensu s of Council to have staff supply Council with report o n compensation surveys . This to include survey of privat e industries re salaries . Mrs . Rasmussen moved Certificate of Acceptance and Notice o f Completion for Peck Leasing Corporation, 15405 - 15387 Lo s Gatos Boulevard, be approved and Mayor be authorized to sig n on behalf of the Town . Mrs . Cannon seconded . Unanimousl y carried . Mrs . Rasmussen moved Council approve plans and specification s for Civic Center Parking Lot Expansion (Project 272-RS) an d authorize the Town Clerk to advertise for bids . (Bid openin g set for 3 :00 p .m ., Wednesday, Januray 6, 1982 ).. Mrs . Cannon seconded . Carried by a vote of four ayes . Mr . Ferrit o voting no . Mrs . Rasmussen moved Council approve plans and specification s for fencing of the Novitiate Park Site and authorize Town Cler k toadvertise for bids . (Bid opening set for 3 :00 p .m ., Wednesday, January 6, 1982). Mrs . Cannon seconded . Unanimousl y carried . Mr . Robert Witham,432 San Benito, spoke in . opposition of sai d project and stated other property owner's were not in favor . Mrs . Rasmussen stated on May 4, 1981, Council had held a hearin g and property owner's had been notified and at that time the y did not oppose . Mr . Ventura wished it be noted that staf f should make sure the tree that is being removed will be replaced . Mrs . Rasmussen moved plans and specifications for th e signalization .of the Intersection of North Santa Cruz Avenue an d Andrews Street be approved .' and authorize the Town Clerk t o advertise for bids . (Bid opening set for 3 :00 p .m ., Wednesday , January 6, 1982). Mrs . Cannon seconded . Carried by a vote o f four ayes . Mr . Ferrito voting no . Mrs . Rasmussen moved for adoption of Resolution No . 1981-24 2 entitled, PARKING RESTRICTION - NORTH SANTA CRUZ AVENUE, (Thi s lifts the ban on the no parking on Sunday's on N . Santa Cru z Avenue). Mrs .. Cannon seconded . Unanimously carried. Mrs . Rasmussen moved to authorize staff to hire a real estat e appraiser . for the purpose of making an appraisal of the Meado w Gold property . This property is bounded by Elm Street on th e South, Boone Lane . on the west, the former S .P .. right-of-way o n the east and a vacant parcel owned by Greco on the north . I t was noted that this does not include property fronting on N . Santa Cruz Avenue. Motion to also include an appropriation o f $2,000 from the General Fund Appropriated contingencies fo r appraisal services, (appraisal to include corridor from N . Sant a Cruz Ave). Mrs . Cannon seconded . Unanimously carried . Mrs . Rasmussen moved for adoption of Resolution No . 1981-24 3 entitled, A RESOLUTION OF ACCEPTANCE FOR SECRETARY'S DISCRETIONAR Y FUND FOR SPECIAL PUBLIC TRANSPORTATION NEEDS . Mayor be authorize d to sign agreement on behalf of the Town . Motion to also includ e appropriation of $15,860 from General Fund contingency to b e reimbursed by CalTrans discretionary funding .. Mrs . Cannon seconded . Unanimously carried . Revised Council meeting schedule for information . The revise d schedule of Council meetings is for the balance of fiscal yea r 1981-82 . December 7,1981 Los Gatos, Californi a RECESS Mayor declared a recess . Meeting reconvened at 9 :35 p .m . RECRUITMENT OF Dave Mora, Town Manager, presented a report and resolutio n COMMUNITY authorizing the Town Manager to negotiate and execute a contrac t DEVELOPMENT with Korn/Ferry International to conduct a recruitment for th e DIRECTOR position of Community Development Director . Mr . Ferrito state d he would like to have Council meet with representatives fro m Korn/Ferry and Ralph Andersen in an executive session prior t o the meeting of December 21, 1981 and have this continued t o December 21,1981 .Discussion was held as to purpose of suc h meeting and the legality . After further discussion, Mr . Ferrit o withdrew his request . No action taken . REPORT RE The Town Manager presented a report concerning Teleprompte r TELEPROMPTER Franchise agreement. and services and recommendations tha t FRANCHISE Council set February 1,1982 for public hearing on cable TV i n AGREEMENT lieu of proposed date of January 18,1982 .Authorize the Manager to execute a contract with an independent firm to b e selected by the Town Manager for an 'examination of the system's quality and performance . and the cost of said exam be borne b y Teleprompter . Also recommend that Council charge subcommitte e of Cultural Resources Commission members, Jane Fromm and Ki m Safir ; Youth Advisory Commission members, Wendy Becker an d Rick Bhandari ; Community Services & Development Commissio n members, Russell Louthian and Catherine Little with the role o f Cable TV Advisory Group to work within the area of public access , local programming and general quality programming . It wa s consensus of Council to have Mayor appoint a Council member t o work with said advisory group . Mr . Ferrito volunteered . Mayor - Siemens appointed Mr . Ferrito .. After some discussion, Mr . Ventura moved to accept Manager's recommendation as state d above . Mrs . Rasmussen seconded . Unanimously carried . CONSOLIDATIONS The Town Manager referred to SB 230 which permits G.ei`em1 Law OF ELECTIONS cities to consolidate the General Municipal Election-with th e State Primary (June 8, 1982),the State General Electio n (November 2, 1982)or the uniform school district (Novembe r 8,1983).Discussion was held on the different dates . Mr . Ventura moved Council set public hearing for January 4,1982 , to consider any change and public be allowed to voice thei r opinion . Mr . Ferrito seconded . Mrs . Rasmussen moved to amen d the motion and adopt resolution keeping this election on th e regularly scheduled date of April 13,1982 and the change o f date question be placed on the ballot for vote of the electorates . dirs . Cannon seconded the amended motion . Motion failed . Mr . Ventura and Mr . Siemens voting no and Mr . Ferrito abstained . Vote on the original motion to set public hearing for Januar y ',1982,to consider change of election dates . Carried Unanimously . PUBLIC Mrs . Cannon moved to accept staff recommendation and authoriz e OFFICIALS staff to obtain Public Official Liability Coverage with $1 LIABILITY million limits subject to $2,500 per loss deductible at a n INSURANCE annual cost of $5,674 ;and that Council approve a supplementa l appropriation of $5,674 to the General Fund Insurance accoun t for payment of the premium for this policy (funds to b e appropriated from the General Fund Appropriated Contingency). Mrs . Rasmussen seconded . Carried by vote of three ayes . Mr . Ferrito and Mr . Ventura voting no . UTILITY POLE Mrs . Cannon moved to accept staff recommendation and the Counci l RELOCATION -authorize the Town Manager to sign the enclosed agreement, unde r CAPRI DRIVE protest, and direct the Town Clerk to pay the Pacific Gas & Electric Company $2,242 .43 from the Knowles Drive Assessmen t bistrict funds for relocation of said power pole . Mrs . Rasmussen seconded . Unanimously carried . 9 9 OLDE DRIV E SOLAR ENERG Y CONSORTIUM BOARD O F SUPERVISORS ELECTION B Y DISTRIC T TDA FUNDS FO R BICYCL E ACTIVITIE S MEDIATIO N HONORARIU M POLICE DEPT . POLICIE S TRANSIT ASSIS T GENGE CONTRAC T PERFORMANC E PUC HEARIN G ADJOURNMENT December 7, 198 1 Los Gatos, Californi a Mr . Ventura stated he had a request for continuance on thi s issue and he is meeting with Mr . Lincoln to discuss this issue . Mrs . Rasmussen moved this be continued to December 21, 1981 . Mr . Ventura seconded . Unanimously carried . Mrs . Rasmussen moved to accept Mayor's recommendation and joi n other West Valley Cities re investigating concept of pursuin g the possible forming of a Solar Energy Consortium . Mr . Ventur a seconded . Unanimously carried . Discussion was held and no action taken . Discussion was held on staff report re availability of TDA fund s and referred to the five . listed projects . After further discussion of the list of five possible projects, Mrs . Cannon moved No . 5, (which is the completion of Los Gatos Creek Trai l from Charter Oaks to Dell Enterprises) be top priority and asked for a report from staff as to feasibility of 2nd priority . Mrs . Rasmussen. seconded . Unanimously carried . Mrs . Cannon stated she and Mrs . Rasmussen had met with th e Arbitration group and reached the conclusion that evaluation o f mediators should come from outside qualified person, not . fro m their own group and she does . not feel the necessity of a n honorarium unless there is a problem . After further discussion , Mrs . Rasmussen moved to not have a . honorarium for mediators t o evaluate each other and that evaluations be conducted by a n outside group . Mrs . Cannon seconded . Carried by a vote of four ayes . Mr . Ventura abstained . Mayor Siemens suggested the appointment of an advisory committe e to review the Police Department operations and policies and i n turn ,they would advise the Council . After further discussion , it was consensus of Council to review or have a report on th e Police Operations Manual and the possibility of an advisor y committee to review said policies This report be back t o Council at the next meeting . It was consensus of Council to direct staff to investigate th e provision of Transit Assist service to Urban Service Area an d join other cities in applying for grant increases . Report bac k to Council on January 4,1982 . Subcommittee members Mrs . Cannon and Mr .. Siemens to revie w .contract performance and report back to Council . Mr Ventura reported on PUC hearing held on November 24,1981 , re GTE . --Mayor declared meeting adjourned at 11 :10 p .m .