M 02-07-83TOWN OF LOS GATOS CALIFORNIA
TOWN COUNCIL/PARKING AUTHORITY AGENDA
FEBRUARY 7, 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 J. Daily, Thomas J. Ferrito, MarLyn J.
Rasmussen and Mayor Brent N. Ventura.
ABSENT:None.
PLEDGE OF ALLEGIANCE
Given by all in attendance.
PRESENTATION
Mayor Ventura presented Jo Bartlett with a Resolution of Appreciation for her services to
the Town and Community by serving on Town's Human Advisory Commission,
Community Services and Development Commission and various other committees.
BID AWARD MAINTENANCE CONTRACT HVAC
Mrs. Rasmussen moved to accept staff recommendation and award the contract to O.C.
McDonald and Company, Inc. based on their low bid of $697.00 per month. Mr. Daily
seconded. Carried unanimously.
CLOSED SESSION
Mayor Ventura stated Council had met in closed session prior to the Council meeting
and the following was discussed:
Personnel matter; Potential litigation; and Vlamis litigation.
Concerning Vlamis litigation, "Council passed a motion amending the Resolution
of Necessity to include a statement that the Town has offered to purchase Mr. Vlamis'
property pursuant to Government Code Section 7267.2". (Clerk was advised by Town
Attorney that Resolution No.1983-25 entitled, RESOLUTION OF NECESSITY
(WINCHESTER BOULEVARD WIDENING KNOWLES DRIVE TO WIMBLEDON DRIVE,
(PROJECT nO. 263-GF), had been adopted by a vote of 4 ayes, Mayor Ventura voting
no).
WRITTEN COMMUNICATIONS (referral/file)
a.Letter from John Mesa, regarding change of hours as stated in the Conditional
Use Permit for New Magoo's Pasta Pizzera. Mrs. Rasmussen moved this be referred to
the Planning Commission. The applicant must first file an application for a modification
of the Conditional Use Permit. Mr. Daily seconded. Carried unanimously.
b.Letter from Judy Symonds regarding the Toll House Project. Note and file.
c.Letter from O.L. Johns regarding his business at 151 N. Santa Cruz Avenue. Mrs.
Rasmussen moved this be referred to the Town Attorney. Mr. Daily seconded.
Unanimously carried.
BID RESULTS - MODIFICATION TO PEDRO'S RESTAURANT
This item was withdrawn and agendized for the Council meeting on February 22, 1983.
PLANNING REPORT
Mrs. Rasmussen moved to accept the Planning Department's monthly report including
Planning Commission/Planning Department priorities January through March 1983.
GENERAL PLAN EIR REPORT
Mrs. Rasmussen moved Council accept staff recommendation and adopt Resolution No.
1983-26 entitled, RESOLUTION AUTHORIZING AGREEMENT TO PREPARE A
MASTER ENVIRONMENTAL IMPACT REPORT, (This would be an agreement between
the Town and Kreines & Kreines) and Mayor is authorized to sign said agreement on
behalf of the Town. Mr. Daily seconded. Carried unanimously.
COUNTY REFERRALS
Mrs. Rasmussen moved Council accept staff recommendations on County referrals as
follows:
703-26-41-79B-79V-80RA E. of Virdelle Dr. Morrison
Time Extension -Single Building Site No comment.
1259-34-43-80CC-80B Soda Springs Rd. Lesson
Time Extension Single Residential Building No comment.
1374-30-52-81B-81P 16400 Englewood Rd. Beadle
Town's appeal to the Board of Supervisor's (cont. from 1/10/83) is on the Board's agenda
2/8/83.
Mr. Daily seconded. Carried unanimously.
SOLID WASTE MANAGEMENT PLAN
Mrs. Rasmussen moved Council accept staff recommendation and refer the draft Solid
Waste Management Plan to the Planning Commission for review. Mr. Daily seconded.
Carried unanimously.
WEED ABATEMENT
Mrs. Rasmussen moved for adoption of Resolution No. 1983-27 entitled, A
RESOLUTION DECLARING WEEDS A PUBLIC NUISANCE AND PROVIDING FOR
THEIR ABATEMENT. (March 7, 1983 will be set for the protest hearing). Mr. Daily
seconded. Carried unanimously.
BIKE LOCKERS & RENTAL FEES
Mrs. Rasmussen moved Council accept staff recommendation to lower the bike locker
rental fees from $30.00 to $15.00 per 6 month period, effective January 1. 1983 and
direct Clerk to maintain records of locker rentals and waiting list. Mr. Daily seconded.
Carried unanimously. It was noted there are four bike lockers presently in use at the
Town Plaza. Six additional lockers are being installed at the new bus station site on
South Santa Cruz Avenue and four others will be installed close to Saratoga Avenue at
the long term parking lot.
BONNIE LANE NO. 4 ANNEXATION
Mrs. Rasmussen moved Council adopt Resolution No. 1983-28 entitled, A
RESOLUTION INITIATING PROCEEDINGS FOR THE ANNEXATION OF CERTAIN
INHABITED TERRITORY DESIGNATED AS BONNIE LANE NO. 4 TO THE TOWN OF
LOS GATOS. Mr. Daily seconded. Carried unanimously.
PUBLIC HEARING SCHEDULE
Council information only.
MINUTES
Mr. Ferrito moved minutes of January 17th and 31st, 1983, be approved as submitted.
Mayor Ventura requested amendment to January 17th minutes as follows:
Page 6 Subject - CONFLICT OF INTEREST CODE - he would like the record to
reflect that Mayor requested the Town expand the scope of the Town's Conflict of
Interest Ordinance to include parents, sibling, children and other relatives. Mr. Ferrito
accepted the amendment and moved for approval. Mrs. Benjamin seconded. Carried
unanimously.
REPORT PARKING KNOWLES DRIVE
Mayor Ventura moved Council accept staff recommendation and not allow parking on the
North side of knowles Drive between the County court complex and Dardanelli Lane.
Mrs. Rasmussen seconded. Unanimously carried. Staff to send letter to Mr. Belanger
reaffirming other options available to him.
FINANCIAL STATEMENT DECEMBER, 1982
Mrs. Benjamin moved to accept the Financial Statement for December, 1982. Mrs.
Rasmussen seconded. Carried unanimously.
PAYROLL JANUARY, 1983
Mrs. Rasmussen moved approval of the January, 1983, payroll in the amount of
$317,712.80. Mr. Daily seconded. Unanimously carried.
TREASURER'S REPORT FOR DECEMBER 1982
Mrs. Rasmussen moved to accept Treasurer's report for the month of December, 1982.
Mayor Ventura seconded. Carried unanimously. Treasurer to furnish a report on a
monthly basis regarding Town funds.
SAN BENITO/ANDREWS STREET TRAFFIC DIVERTERS
Mayor Ventura stated this was the time and place duly published for public hearing on
the San Benito/Andrews Traffic Diverters project. Mayor Burgard of the City of Monte
Sereno spoke to Council and requested continuance of this hearing until the
Councilmembers of both cities could meet jointly and discuss this problem in the interest
of both communities. It was consensus of Council to proceed with public hearing as
scheduled. Mr. Van Houten made a slide presentation showing alternate plans #2 and
#4. He stated there had been several neighborhood meetings and from those meetings
it seemed Alternate #4 was most desirable. People from the audience speaking on this
issue were Kay Little; John Eastman; Joseph James, who had previously presented
Clerk with a petition signed by 235 citizens opposing the diverters; Larry Pegram; Roger
Donnelly; Mr. Witham; J. Martell; Donna Brown; Carol Knight; Betty Nash; Dunckley
Murray; Lynn Evans; Barbara Wainwright; Mel Glass; Neva Swain; Mary Pocanto; John
Hulme; B. Bailey; June Miller; David Wilkes and Gary Hubbard. After discussion by all it
was general consensus that the majority of people favored Alternate #4 which is closing
of Rose Avenue, Montgomery Avenue and San Benito Avenue with a signal at Andrews
and N. Santa Cruz Avenue.
RECESS
Mayor Ventura declared a recess. Meeting reconvened at 9:29 p.m.
SAN BENITO/ANDREWS STREET TRAFFIC DIVERTERS (CONTINUED)
No one else wished to speak on this issue. Ms. Rasmussen moved hearing be closed.
Mr. Ferrito seconded. Carried unanimously. Mrs. Benjamin moved to approve Alternate
#4 with barrier on Andrew Street and Monterey Avenue. Mr. Ferrito seconded. Further
discussion was held regarding Monterey as a one way northbound street rather than
having barricades at both Andrews Street and Monterey Avenue. Mrs. Benjamin moved
to amend her previous motion approving Alternate #4 with Monterey Avenue being made
a one way street northbound from Saratoga Avenue to Andrews Street with a signal at
Andrews nd N. Santa Cruz Avenue. This is to be on a 90 day trail basis and another
hearing to be scheduled for May 16th. Mrs. Rasmussen seconded. Carried
unanimously. The Town Manager stated Resolution regarding Monterey Avenue being
designated a one-way street will be drafted and presented at the next Council meeting.
EXTENSION OF ORDINANCE - STORAGE OF HAZARDOUS WASTE MATERIALS
Mayor Ventura stated this was the time and place duly published for public hearing on
the extension of Urgency Ordinance regarding storage of hazardous waste materials.
Mr. Ferrito reported he had attended the IGC meeting Thursday and the
Intergovernmental Council voted to recommend to the various cities in the county a
model Hazardous Waste Storage Ordinance. No one else in the audience wished to
speak on this issue. Mrs. Rasmussen moved hearing be closed. Mr. Daily seconded.
Carried unanimously. Mr. Ferrito moved reading be waived for AN URGENCY
ORDINANCE EXTENDING PROHIBITION OF NEW STORAGE AND DISPOSAL OF
HAZARDOUS SUBSTANCE AND HAZARDOUS WASTE PENDING A STUDY OF
APPROPRIATE PERMANENT REGULATIONS. Mrs. Rasmussen seconded.
Unanimously carried. Clerk read title. Mr. Ferrito moved for adoption of ORDINANCE
NO. 1565, as titled above. Mrs. Rasmussen seconded. Carried unanimously.
STREET VACATION 573 UNIVERSITY AVENUE
Mayor Ventura stated this was the time and place duly published for public hearing to
consider vacation of a portion of a public thoroughfare across the front of 573 University
Avenue (Green Valley Disposal Company). Mr. Van Houten ge a summary report on
action to date on said request. No one else in the audience wished to speak on this
issue. Mrs. Rasmussen moved hearing be closed. Mr. Daily seconded. Carried
unanimously. Mrs. Rasmussen moved for adoption of Resolution No. 1983-29 entitled,
ORDER VACATING EXCESS PORTION OF A PUBLIC THOROUGHFARE (573
UNIVERSITY AVENUE) FOR PUBLIC ROAD PURPOSES. Mrs. Benjamin seconded.
Carried unanimously.
APPEAL - SWANSON FORD - HANDICAPPED ACCESS REQUIREMENTS
Mayor Ventura stated this was the time and place duly published for public hearing to
consider the appeal of Building Official's decision concerning requirements for
handicapped access at Swanson Ford. Ken Loosse, representing Swanson Ford, spoke
on the issue. He stated this requirement would be a hardship due to extra cost and they
were appealing this decision. He explained the bathroom in question is used by workers
and presented picture showing where they were located and area one would walk
through to get to the bathrooms. After further discussion and no one else wishing to
speak on this issue, Mr. Ferrito moved hearing be closed. Mrs. Rasmussen seconded.
Carried unanimously. Mrs. Rasmussen moved to grant the appeal with findings that
compliance with the decision of the building official creates an unreasonable hardship
due to extra cost. Mrs. Benjamin seconded. Carried unanimously. The Town Attorney
was directed to draft a resolution and present to Council at their next meeting.
HANDICAPPED ACCESS APPEALS
Mr. Ferrito questioned the possibility of the Building Official being able to make
determinations of Town's policy on some of these appeals regarding handicapped
access. The Town Manger stated he would need some direction from Council and then
could work up some guidance to the Building Official on these. Mayor Ventura
suggested a resolution allowing the Building Official to be able to determine whether
some proposals create a hardship. The Town Manager to draft a resolution and return it
to Council for review.
VERBAL COMMUNICATIONS
Kevin Miller requested permission to park an ice cream truck at the High School and sell
during the lunch period. (There is no push cart ordinance to date. The push cart
ordinance will be coming back to Council in the near future).
RESIDENTIAL PREFERENTIAL PARKING
The Town Attorney stated it would be necessary to amend ORDINANCE
ESTABLISHING PROCEDURE FOR PREFERENTIAL PARKING AND SETTING FINES
FOR VIOLATION, which was introduced t the meeting of January 17, 1983. The County
Clerk has indicated that an Ordinance cannot specify what the fine would be unless it
states what State Law provides as Maximums. Fines have to be left to the discretion of
the Judge and to comply, the Council must amend the Ordinance by eliminating
reference to fines. Mr. Ferrito moved to amend and introduce ORDINANCE
ESTABLISHING PROCEDURE FOR PREFERENTIAL PARKING. Mrs. Rasmussen
seconded. Carried unanimously.
Mayor Ventura left the Council Chambers. Vice-Mayor Rasmussen took the Chair. Mr.
Ferrito left the Council Chambers.
AMENDMENT TO TOWN CODE RE CHANGE MISDEMEANORS TO INFRACTIONS
Mr. Daily moved reading be waived for ORDINANCE AMENDING VARIOUS TOWN
ORDINANCES TO CHANGE MISDEMEANORS TO INFRACTIONS. Mrs. Benjamin
seconded. Carried unanimously. Clerk read title. Mr. Daily moved Ordinance be
introduced. Carried by a vote of three ayes. Mr. Ferrito and Mayor Ventura were absent.
Mr. Ferrito returned to Council Chambers.
APPEAL - 236 N. SANTA CRUZ AVE. HANDICAPPED ACCESS
Mr. Daily moved for adoption of Resolution No. 1983-30 entitled, RESOLUTION
GRANTING APPEAL FROM DECISION OF BUILDING OFFICIAL (236 N. SANTA
CRUZ AVENUE - BATEMAN-EICHLER). Mrs. Benjamin seconded. Carried by a vote of
four ayes. Mayor Ventura absent.
CONFLICT OF INTEREST CODE
Mr. Ferrito moved reading be waived for an ORDINANCE ADDING ARTICLE VI TO
CHAPTER 2 OF THE TOWN CODE ADOPTING A CONFLICT OF INTEREST CODE.
Mrs. Benjamin seconded. Carried by a vote of four ayes. Mayor Ventura absent.
Mayor Ventura returned to the Chair
CABLE TV ORDINANCE
The Town Manager reported to Council on negotiations regarding new franchise
agreement and the events that preceded the negotiations with Hearst Corporation. After
some discussion, Mrs. Rasmussen moved for adoption of Resolution No. 1983-31
entitled, RESOLUTION AUTHORIZING EXECUTION OF FRANCHISE AGREEMENT
WITH HEARTS CABLEVISION OF CALIFORNIA,and authorize the Mayor to sign on
behalf of the Town. Mr. Daily seconded. Unanimously carried.
SARATOGA AVENUE IMPROVEMENTS 283-GF
Mrs Rasmussen moved to accept staff recommendation and approve the concept plans
and direct staff to proceed with final plans, specifications and right-of-way negotiations
for the Saratoga Avenue Improvements. Mrs. Benjamin seconded. Carried
unanimously.
MID YEAR BUDGET REPORT
The Town Manager, Mr. Mora, reported on the mid-year budget report and the
adjustments that are necessary. After further discussion, Mrs. Rasmussen moved to
approve adjusted revenue estimates for the current year as follows:
ESTIMATED REVENUES
GENERAL FUND CURRENT REVISED
Property Tax
Current Year Secured 1,300,000
Current Year Unsecured 69,000
Prior Year Secured 20,000
Prior Year Unsecured 2,500
Penalties, etc 2,000
Subtotal:1,393,500 1,393,500
Non-Property Tax Sources
Sales and Use Tax 2,425,000
Franchises 285,000 65,000
Cigarette Tax 25,000
Transient Occupancy Tax 325,000
Property Transfer Tax 40,000
Business Licenses 210,000
Business License Penalties 2,500
Bldg/Elec/Plumbing Permits 80,000 85,000
Zoning/Var/Use Permits 100,000 105,000
Encroachment Permits 5,000
Bicycle Permits 500
Other Licenses/Permits 1,000
Other Court Fines 105,000
Interest Income 1,000,000 900,000
Rents/Concessions 15,000
Federal Aid Urban 37,500
LGPD Special Fees 5,000
Library Fines/Fees 27,500 25,000
Plan Check Fee 35,500 50,000
Engineering Fees 40,000 25,000
Other Current Service Charges 25,000 15,000
Special District assessments 500
Sale of Real/Personal Property 15,000
Miscellaneous 50,000 65,000
Subtotal:4,849,500 4,807,500
Total:6,243,000 6,200,500
Transfer to General Fund 382,611 402,611
TOTAL AVAILABLE/GENERAL FUND 6,625,611 6,603,111
Transfer appropriations from the following departments in the amounts stated to the
General Fund Contingency:
General Town Administration $10,000
Insurance 15,000
Police 15,000
Public Works Maintenance 20,000
Parks and Forestry 12,000
$72,000
Transfer appropriations from the General Fund Contingency to the following
departments:
Town Council $ 1,000
Planning 2,502
Building regulation 12,000
Elections 1,000
General Town Admin. (Audit)3,500
General Town Admin. (PERS)8,457
Engineering 4,500
Total General Fund:$32,959
Two supplemental appropriations as follows:
$4,000 supplemental appropriations from the Sewer Fund to the Sewer Maintenance.
$1,736 from the General Revenue Sharing to Community Programs.
Mrs. Benjamin seconded. Carried unanimously.
ZONE CHANGE PARR AVENUE SENIOR CITIZEN RESIDENTIAL CONDOMINIUMS
Mayor Ventura moved for adoption of Ordinance No. 1564 entitled, AN ORDINANCE OF
THE TOWN OF LOS GATOS AMENDING THE ZONING ORDINANCE EFFECTING
ZONE CHANGE NO. 63 FROM R-1:8,000 to R-1:8,000-PD. Mrs. Benjamin seconded.
Carried Unanimously.
USE OF GUADALUPE COLLEGE FOR WOMEN'S PRISON
The Town Manager reported as to information that had been received and stated there
has been publicized now a document called the 1983 Facilities Master Plan of the
Department of Corrections, dated February 1, 1983. This plan identifies the Stockton
facility, as a facility for prison, in terms of additions, and does not identify the Guadalupe
College. Report was made by the Mayor and Vice-Mayor on their tour of the prison
facility in Frontera. Mr. Daily and Mr. Ferrito stated they would serve as sub-committee
to meet with Legislators in Sacramento, if appointments can be set up. The Mayor also
reported on the Mayor's Committee meeting. Mrs. Benjamin reported on Financial
Committee. The Town Manager spoke on need of extra clerical help on this project.
Mrs. Rasmussen moved for approval of supplemental appropriation of $3,000.00 from
the General Fund Contingency to the Manager's budget for this purpose. Mrs. Benjamin
seconded. Carried unanimously.
LIMITED PARKING IN TOWN PARKING LOTS
Mayor Ventura requested this be continued until Council has received input from the
Chamber of Commerce on this subject. Staff to write to Chamber informing them of this.
TOWN POLICY DONATIONS
This will be agendized for next meeting.
TOWN POLICY SISTER CITY COMMITTEE RESIDENCY
Mayor Ventura moved to allow citizens who live in the area but not necessarily in the
Town to serve on the committee. Mr. Daily seconded. Carried by four ayes. Mr. Ferrito
voting no. Sister City Committee's request for marker to be placed either at the Town
Plaza or Civic Center formally recognizing the Sister City connection between Los
Gatos and Zihuatanejo. Mayor Ventura moved this request be referred to the Park
Commission. Mr. Ferrito seconded. Carried unanimously.
ADJOURNMENT
Mayor Ventura declared the meeting adjourned at 12:10 a.m.
ATTEST:
Rose E. Aldag
Town Clerk