M 09-04-84TOWN OF LOS GATOS CALIFORNIA
TOWN COUNCIL/PARKING AUTHORITY AGENDA
SEPTEMBER 4, 1984
TOWN COUNCIL
The Town Council of the Town of Los Gatos met in the Council Chambers of the
Town Hall at 7:30 p.m., in regular session.
ROLL CALL
PRESENT:Joanne Benjamin, Eric D. Carlson, Terrence J. Daily, Brent
N. Ventura and Mayor Thomas J. Ferrito.
ABSENT:None.
PLEDGE OF ALLEGIANCE
Given by all in attendance.
CLOSED SESSION
Mayor Ferrito stated Council had met in Closed Session prior to the Council
meeting and discussed labor relations and litigations. Part of the litigation
discussion was the denial of claims for damages filed by Gregory Butler and
denial of late claim for damages filed by Ms. Mary Jane Rundberg-Miller. Vote
on denial of said claims was carried by four ayes. Mr. Daily was absent.
BID AWARD PROJECT 303 STREET SLURRY SEALING
Staff reported three bids were received, ranging from a low bid of $28,432.50 to a
high bid of $43,844.75 with engineer's estimate being $47,000.00. Mr. Ventura
moved to accept staff recommendation and award the bid to Graham
Contractors, Inc., in the amount of $28,432.50 and Mayor be authorized to sign
the contract on behalf of the Town. Mr. Daily seconded. Carried unanimously.
COMMUNICATIONS (referral/file)
a.Letter from Mrs. H. Howard Black re San Benito/Andrews area, traffic
measures. Mr. Daily moved Town Manager responded to this communication
and sent Mrs. Black a copy of Town Engineer's report. Mrs. Benjamin seconded.
Carried unanimously.
b.Intergovernmental Council communication concerning proposed County
General Plan amendments. Mr. Daily moved to refer this communication to
Planning Director for information. Mrs. Benjamin seconded. Carried
unanimously.
c.C. Yvette re Saratoga Avenue. Mr. Daily moved this communication be
referred to the Code Enforcement Officer and the Chief of Police for response.
Mrs. Benjamin seconded. Carried unanimously.
d.PG&E rate Application 84-08-067. This is a notice that no rate adjustment
is being sought. Note & file.
e.Photographic Guild of Los Gatos request for waiver of fees. Mr. Daily
moved this request be referred to Community Service Director for
recommendation on September 17, 1984. Mrs. Benjamin seconded. Carried
unanimously.
f.Communication from Santa Clara County Transportation Commission
report concerning the Need and Potential Financing for Improvements to Routes
101, 237 and 85 in Santa Clara County. File.
g.Letter from Lee Dimter re parking on Shannon Road. Mr. Daily moved his
communication be referred to the Chief of Police for response. Mrs. Benjamin
seconded. Carried unanimously.
SCHEDULE OF PUBLIC HEARINGS
Council information.
7TH ANNUAL WALK FOR THE HUNGRY
Mr. Daily moved Council approve the "Walk for the Hungry" to be held October
21, 1984, 1:00 PM to 6:00 PM, as staff anticipates little or no impact on traffic
and requiring only periodic checks by on-duty personnel. Mrs. Benjamin
seconded. Carried unanimously.
FINAL TRACT MAP 7509
Mr. Daily moved for adoption of Resolution No. 1984-147 entitled, RESOLUTION
APPROVING AND ACCEPTING FINAL MAP OF TRACT NO. 7509 and
authorize the execution of the contract for public improvements. Mrs. Benjamin
seconded. Carried unanimously.
NOTICE OF COMPLETION LOS GATOS VILLAGE SQUARE
Mr. Daily moved for approval of the Certificate of Acceptance and Notice of
Completion for Los Gatos Village Square - 15466 Los Gatos Boulevard and
Mayor be authorized to execute said document and Clerk to record. Mrs.
Benjamin seconded. Carried unanimously.
AGREEMENT 16700 CYPRESS WAY (ALTMANN)
Discussion was held as to whether this proposal is consistent and follows same
rules as placed on other slide problems that have been presented to Council on
previous occasions. After further discussion Mr. Daily moved for adoption of
Resolution No. 1984-147 entitled, RESOLUTION OF THE TOWN OF LOS
GATOS AUTHORIZING TOWN MANAGER TO EXECUTE AGREEMENT ON
REMOVAL OF DEBRIS FROM PUBLIC RIGHT-OF-WAY AND
CONSTRUCTION OF RETAINING WALL AND RESTORATION OF BANK AT
16700 CYPRESS WAY. Mrs. Benjamin seconded. Carried unanimously/
AMENDMENT TO POSITIONS & SALARIES FOR 1984-85
Mr. Daily moved for adoption of Resolution No. 1984-149 entitled, A
RESOLUTION AMENDING THE RESOLUTION ADOPTION SCHEDULES OF
AUTHORIZED POSITIONS AND SALARIES FOR FISCAL YEAR 1984-85.
REPORT ON RENT MEDIATION PROGRAM
Mr. Daily moved to accept the annual report of the Los Gatos Rent Mediation
Program as submitted by information and referral Services Inc., as required by
their contract. Mrs. Benjamin seconded. Carried unanimously
FINAL MAP TRACT 7627
Mr. Daily moved for the adoption of Resolution No. 1984-150 entitled,
RESOLUTION APPROVING AND ACCEPTING FINAL MAP OF TRACT NO.
7627 and authorize the execution of the contract for public improvements. Mrs.
Benjamin seconded. Carried unanimously.
RELEASE OF DOCUMENTS TRACT 7425 LOS GATOS SWIM & RACQUET
CLUB ESTATES
Mr. Daily moved for adoption of resolution No. 1984-151 entitled, RELEASE OF
DOCUMENTS FOR TRACT NO. 7425 (LOS GATOS SWIM AND RACQUET
CLUB ESTATES) and clerk be authorized to notify the developer and Surety &
Insurance Companies of said action. Mrs. Benjamin seconded. Carried
unanimously.
APPROVAL OF PLANS & SPECS PROJECT 304
Mr. Daily moved for adoption of Resolution No. 1984-152 entitled, RESOLUTION
OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS APPROVING
PLANS AND SPECIFICATIONS FOR PROJECT 304 - SAN BENITO AVENUE
CLOSURES. (Bid opening scheduled for October 3, 1984 at 3:00 p.m.)
1984 MEETING SCHEDULE
Information for Council re schedule of meeting for the balance of 1984.
HR 4103 NATIONAL TELECOMMUNICATIONS POLICY
Mr. Daily moved to direct staff to notify the California Congressional Delegation
and the House Energy and Commerce Committee Chair, John Dingell, of the
Town's support of HR4103 as passed out of the House Engery and Commerce
Committee. Mrs. Benjamin seconded. Carried unanimously.
COMMENDATION THOMAS BAER
Mr. Daily moved for adoption of Resolution No. 1984-153 entitled, A
RESOLUTION COMMENDING THOMAS E. BAER for his outstanding service as
a Planning Commissioner. Mrs. Benjamin seconded. Carried unanimously.
COMMENDATION LOIS CHAPSON
Mr. Daily moved for adoption of Resolution No. 1984-154 entitled, A
RESOLUTION COMMENDING LOIS CHAPSON for her service as a Planning
Commissioner. Mrs. Benjamin seconded. Carried unanimously.
PLANNING MONTHLY REPORT
Mr. Daily moved to accept the monthly Planning report. Mrs. Benjamin
seconded. Carried unanimously.
CITY OF SAN JOSE REFERRAL
Mr. Carlson moved to accept staff recommendation plus an additional
recommendation of Council on the following referral from the City of San Jose.
PDC83-12-104 EIR Guadalupe Mines Road Los Gatos Golf &
Country Club, Inc. Direct staff to transmit Town's comments regarding this
application to San Jose and request that they not certify the Environmental
Impact Report until the Town's concerns are addressed and also notify them that
the Town is opposed to construction of commercial buildings or facilities on
Guadalupe Mine Road as they feel the land should remain rural. Mr. Ventura
seconded. Carried unanimously.
AMENDMENT TO ENVIRONMENTAL STUDIES FEES
Mr. Daily moved for adoption of Resolution No. 1984-155 entitled, RESOLUTION
AMENDING THE FEE FOR INITIAL ENVIRONMENTAL STUDIES. Mrs.
Benjamin seconded. Carried unanimously.
OLD TOWN APPEAL
Mr. Daily moved for adoption of Resolution No. 1984-156 entitled, RESOLUTION
GRANTING APPEAL OF PLANNING COMMISSION CONDITIONS OF
APPROVAL OF ARCHITECTURE AND SITE APPLICATION AND GRANTING
APPEAL OF BUILDING OFFICIAL DECISION REQUIRING SANITARY
FACILITIES FOR THE HANDICAPPED. (50 University Avenue - Old Town).
Mrs. Benjamin seconded. Carried by vote of four ayes. Mr. Ventura abstained.
APPEAL-STREET TREE SPECIES FOR LOT 1 & 2 ON ALERCHE DR.
Mr. Daily moved for adoption of resolution No. 1984-157 entitled, RESOLUTION
DENYING APPEAL OF PLANNING COMMISSION CHOICE OF SPECIES OF
STREET TREES FOR ARCHITECTURE AND SITE APPLICATION. Mrs.
Benjamin seconded. Carried by a vote of four ayes. Mr. Ventura abstained.
MINUTES OF AUGUST 20, 1984
Correction to the meetings were made as follows:
Pg 6. - Subject-TOWN FUNDED EMPLOYMENT PROGRAMS - vote on the
motion should read "Carried by vote of 3 ayes. Mr. Daily abstained. Also on that
same subject minutes should reflect that Council expressed disappointment that
the 3 programs were unable to work out a compromise or consolidate a solution
and indicate that Council had intended to save money without cutting programs.
Pg 5. - Subject - APPEAL ON STREET TREE SPECIES ON ALERCHE DRIVE.
Mr. Carlson would like minutes to reflect his motion as follows: The reasoning, I
sited, for why Planning Commission denied the matter is it had significant staff
input and in fact most of the input from the residence had been in favor of
Planning Commission's decision as opposed to oppose. Think we should cite the
reasoning is, we had both staff support and neighborhood input indicating that
was the preferred solution. Mrs. Benjamin moved minutes of August 20, 1984 be
approved as corrected. Mr. Carlson seconded. Carried by vote of 4 ayes. Mr.
Ventura abstained.
COMMUNICATIONS
a.Letter from Joan Brazell, member of "Safe on 17", re Highway 17 access
at Lexington Reservoir area. Staff recommended that Council indicate its
concern to appropriate officials that access and safety improvements be made to
State Route 17 consistent with the policies and plans in the Santa Clara County
and Town of Los Gatos Hillside Plans. Mr. Ventura suggested amendment to the
recommended action as follows: Support safety improvements as long as they
don't lead to a change in the land use policies that would intensify urbanization in
the area. Mr. Carlson moved to accept staff recommendation as amend by Mr.
Ventura. Mrs. Benjamin seconded. Carried unanimously.
b.Santa Clara Valley Water District communication re appointment of
representative to the Flood Control zone Advisory Committee. Mr. Ventura
moved for the reappointment of James Van Houten, Director of Public Works, as
representative and Gary Wolfinger, Associate Civil Engineer, as alternate to the
Central and North Central Flood Control Advisory Committee. Mrs. Benjamin
seconded. Carried unanimously.
c.Letter from Pearl Follett et al , re landscaping on Main Street in the vicinity
of the Antiques Market. Pearl Follett spoke on the issue, stating her concerns re
safety as visibility is impaired by the tall bushes growing in the El Monte Island.
She stated the Parks Department had told her these could not be trimmed. Mr.
Robert Bryant, Director of the Parks and Forestry Division stated it's not that the
bushes can not be trimmed, but Oleander bushes do not do well if they are
pruned back severely. After further discussion on this issue, Mr. Daily moved
this matter be referred to the Park Commission for review and suggestions on a
range of alternatives that could be done to the planting in the island median that
might alleviate some the problems. Mr. Ventura seconded. Carried
unanimously. It was consensus of Council to ask Engineer's to review accidents
and safety reports at the El Monte Island location and report back to Council.
PAYROLL AUGUST 1984
Mr. Carlson moved for approval of payroll in the amount of 273,420.02 plus,
withholding payroll checks in the amount of $106,566.11. Mr. Daily seconded.
Carried unanimously.
TREASURER'S REPORT FOR JULY 1984
Mrs. Benjamin moved to approve the July 1984 Treasurer's report. Mr. Carlson
seconded. Carried unanimously.
LOS GATOS CHAMBER ORCHESTRA FALL CONCERT
Ethel Worn, Chairperson of the Los Gatos Cultural Commission spoke on their
request for funding the Chamber Orchestra Fall concert and understands the
request to serve and sell wine is denied and the Commission is trying to come up
with other ways of raising funds to assist in paying the musicians. After further
discussion Mr. Ventura moved for approval of 1) an appropriation of $750.00
from the Los Gatos Cultural Commission's FY 1984-85 budget for a fall concert
to be performed by the Los Gatos Chamber Orchestra and 2) the Chamber
Orchestra's request to hold a performance at the Civic Center on Saturday,
October 6, 1984 from 4 p.m. to 5:30 p.m.. Mr. Carlson seconded. Carried
unanimously.
YOUTH ADVISORY COMMISSION
Annual report from the Youth Advisory Commission for Council information.
Council commended the Youth Group on their achievements.
GENERAL REVENUE SHARING POLICY
Mrs. Benjamin moved to adopt the General Revenue Sharing Funding Process
policy as follows: The Town of Los Gatos provides financial support to nonprofit
human service agencies that service Los Gatos residents. Financial support is
limited to the use of General Revenue Sharing funds received by the Town from
the Federal Government. Financial support is provided on a competitive basis
for no more than aa twelve (12) month period of time during each fiscal year. In
order to assure equitable review process shall include the following;
1.Applicants shall submit written application on forms supplied by the Town.
Application shall be submitted by June 30 of each year.
2.Application shall first be reviewed by Town staff, who shall make
recommendations to the Community Services Commission.
3.The Community Services Commission shall review applications and staff
recommendations at a public hearing to be held during the month of august, after
which the Commission shall formulate recommendations for consideration by the
Town Council.
APPEAL HANDICAPPED ACCESS REQUIREMENTS - 15600 LOS GATOS
BLVD.
Mayor Ferrito stated this was the time and place duly published for public hearing
appealing the building official's decision in requiring handicap access facilities at
15600 Los Gatos Boulevard (Countryman Oldsmobile/Cadillac). Building Official
Archie Watson answered questions of Council stating there are 4 bathrooms
involved and all require modifications to meet the handicap requirements. Final
drawings have not been submitted to date.
Gregg Smith, representing Oldsmobile/Cadillac, spoke on the remodeling of the
existing building. He stated the new building will have handicapped restrooms as
well as other facilities. Mr. Jim Lewis spoke on the issue and answered
questions of Council. Mr. Lewis referred to State Architect rules and the need for
having necessary footage for landings at the top of ramps so persons in
wheelchairs would be ale to push the doors open to enter the building. Mr. Smith
spoke on the possibility of installing an automatic door. There being no one else
wishing to speak on this issue, Mr. Ventura moved public hearing be closed. Mr.
Daily seconded. Carried unanimously. Mr. Ventura moved that the ramp from
outside leading into the showroom be made handicapped accessible through
equivalent facilitation, which gives the option of using the automatic doors, and
that the new building be connected to the old building through an interior ramp
that is handicapped accessible. This motion is just for consensus. Mr. Carlson
seconded. Carried unanimously. Mr. Carlson moved that all restrooms provided
be handicapped accessible and leave the choice of how many be up to the
developer. Mrs. Benjamin seconded. Carried unanimously. Mr. Ventura moved
to deny the appeal and affirm the recommendations of the Building Official as to
the handicapped requirements and modify the third to include the equivalent
facilitation. Mr. Daily seconded. Carried unanimously.
APPEAL HANDICAPPED ACCESS REQUIREMENTS 300 EAST MAIN STREET
Mayor Ferrito stated this was the time and place duly published to consider the
appeal re handicapped access requirements for proposed office building at 300
East Main. Mr. Joel Gambord, owner of the building spoke on the issue, que
starting there would only be two bathrooms in the building and one would be in
his private office and he is requesting that he not be required to make that one
bathroom handicapped accessible. Mr. Jim Lewis stated he feels both restrooms
should be handicapped accessible. After further discussion and there being no
one else wishing to speak on this issue, Mr. Ventura moved public hearing be
closed. Mrs. Benjamin seconded. Carried unanimously. Mrs. Benjamin moved
to grant the appeal as State Architect has determined that the building owners
private restroom need not be accessible to handicapped. The building will only
be 1,000 square feet with little public traffic. Mr. Daily seconded. Carried
unanimously.
UTILITY EASEMENT ABANDONMENT MILBRAE LANE
Mayor Ferrito stated this was the time and place duly published to consider
abandonment of utility easement along property at 210 Milbrae Lane. Director of
Public Works, James Van Houten answered questions of Council on the
abandonment. Dave Lazares, applicant for said abandonment, also answered
questions of Council and stated if easement were granted, part of the easement
would be used for landscaping and the other part would be used for the building.
Discussion was held as to what would be a fair market value for the property in
question. Mr. Lazares stated other utility districts have released any hold on the
property. Mayor Ferrito spoke on Council policy of getting a fair market value for
any Town property that is vacated. It is Councils' feeling that this property does
have some market value to the applicant and suggested $1,000.00 as fair market
value as he feels this land is not valueless. John Barker, Civil Engineer of said
project spoke in opposition of fee of $1,000.00. Mr. Lazares stated he would
agree to $500.00 fee as being equitable. After further discussion and there being
no one else wishing to speak on the issue Mr. Ventura moved hearing be closed.
Mr. Daily seconded. Carried unanimously. Mrs. Benjamin moved to accept the
offer of $500.00 market value fee for the easement in question and adopt the
Resolution abandoning said easement. Mr. Daily seconded. Motion fails by vote
of two ayes. Mr. Carlson, Mr. Ventura and Mr. Ferrito voting no. Mrs. Benjamin
then moved for adoption of Resolution abandoning the easement. Mr. Carlson
seconded. Motion fails on vote of two ayes. Mr. Daily, Mr. Ventura and Mr.
Ferrito voting no. Mrs. Benjamin then restated her original motion to accept the
$500.00 market value fee exclusive of the $300.00 processing fee and adopt
Resolution No. 1984-158 entitled, ORDER VACATING A PORTION OF PUBLIC
STORM DRAIN EASEMENT WITHIN TRACT NO. 1625. Mr. Daily seconded.
Carried by vote of 3 ayes. Mr. Ventura and Mr. Ferrito voted no, and requested
the minutes reflect the reason for their no vote as follows: They feel the land has
a greater value than the $500.00 the Town is receiving, but did get greater value
than anticipated, so feel the hearing process was well worth it.
"SANDWICH SIGN ADVERTISING
Mr. Carlson moved to accept staff recommendation and deny request for
approval of an advertising whereby a person riding a six-foot unicycle may wear
a "sandwich" sign advertising local businesses. Mrs. Benjamin seconded.
Carried unanimously.
WALGREEN'S
Mayor Ferrito referred to request from Walgreen's for building certificate of
occupancy before the completion of all conditions of improvements have been
met. Speaking on this issue was Mr. Matteoni, Attorney, representing
Walgreen's. He stated due to lack of communication or delay of communications
he was asking for an extension of time to conclude all improvements that had
been placed as a condition before Walgreen's could get a certificate of
occupancy. He gave some alternatives they would like to do in lieu of the
completion of the designated work. Mr. Ventura stated due to possible conflict of
interest he would not be voting on this issue, as did Mr. Daily. Mr. Carlson spoke
on his concern re allowing occupancy prior to completion of all improvements.
Mr. Herb Cuevas, Architect for the project stated he believes there is a hardship
and feels it is unfair not to grant an extension due to lack of communication and
delay in receiving drawings. After further discussion Mr. Benjamin moved
request be denied and issue no Certificate of Occupancy until all conditions of
improvements have been met and feels they have had plenty of time. Mr.
Carlson seconded. Carried by vote of three ayes. Mr. Ventura and Mr. Daily
abstained.
ADJOURNMENT
Mr. Carlson moved meeting be adjourned at 10;05 p.m., stating there would be
an executive session held on Thursday, September 6, 1984 at 4:00 p.m.. Mr.
Daily seconded. Carried unanimously.
ATTEST:
Rose E. Aldag
Town Clerk