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M 06-18-84TOWN OF LOS GATOS CALIFORNIA TOWN COUNCIL/PARKING AUTHORITY AGENDA JUNE 18, 1984 TOWN COUNCIL The Town Council of the Town of Los Gatos met in the Council Chambers of the Town Hall at 7:45 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 REPORT Mayor Ferrito stated Council had met in Closed Session prior to the Council meeting and discussed litigation, labor negotiation and claims. The Town attorney reported on action taken by the Town Council in Closed Session regarding claims and litigations as follows: Late Claim of Leslie Jean Barnhardt, Jennifer Marie Barnhardt and Dennis Jay Barnhardt (minor children) accepted application and reject claims. Wayne Ciraulo, pay claim in the amount of $101.74. Randy Corbitt, Dr. Francis Dolan and James W. Sholer, reject claims. Litigation. Report of settlement against Shell Oil Co. in Eminent Domain action and authorized payment in the amount of $84,630.16. Acceptance of offer to settle Town Claim against PG&E (damage to traffic signal at Los Gatos Blvd. & Shannon Road in the amount of $10,416.83. BID AWARD PROJECT 295 SIGNALS AT L.G. BLVD/KENNEDY/CALDWELL Staff reported that on June 6, 1984 four bids were received ranging from a low bid of $74,194.00 to a high bid of $104,034.60. Low bid was Rosendin Electric, Inc., but they have claimed a error in their bid. Mr. Carlson moved Council accept staff recommendation and award the bid to Steiny and Company, Inc. (second low bidder) in the amount of $93,382.80; authorize the Mayor to sign the contract on behalf of the Town and authorize the transfer of $10,000.00 from the Los Gatos Boulevard Signal Interconnect Project 293 to Project 295. Mrs. Benjamin seconded. Carried unanimously. BID AWARD PROJECT 299 CIVIC CENTER CARPETING It was noted two bids were received as follows: Larry Werry net bid of $49,000.00 and Mesa's Floor Covering in the amount of $55,450.00. Mr. Daily moved bid be awarded to low bidder of Larry Werry in the amount of $49,000.00; authorize the Mayor to sign the contract on behalf of the Town and authorize staff to issue a change order to increase the scope of the project. Mrs. Benjamin seconded. Carried unanimously. BID AWARD PROJECT 297 ORCHARD STREET IMPROVEMENTS Staff reported that on June 6, 1984, five bids were received ranging from low bid of $28,338.90 to a high bid of $38,800.00 and recommending that award of bid be delayed to permit staff and the property owners to evaluate the options available for this project. It was consensus of Council to delay award of the bid to July 2, 1984. COMMUNICATIONS (file/referral) a.Letter from C. Yvette regarding garbage cans. Mrs. Benjamin moved this letter of complaint be referred to the Code Enforcement Officer for follow-up. Mr. Daily seconded. Carried unanimously. b.Letter from Chamber of Commerce regarding establishment of a Parking Authority and Commission. Mrs. Benjamin moved to refer this to the Town Attorney and Manager for report to Council on July 2, 1984. Mr. Daily seconded. Carried unanimously. c.Letter from E. McNicholas regarding meeting with Council members and the Los Gatos-Saratoga Community Educations and Recreation Governing Board. Mrs. Benjamin moved this be referred to Councilman Ventura for follow- up. Mr. Daily seconded. Carried unanimously. d.Letter from Forbes Mill Museum Advisory Board regarding the Downtown Walking Tour to be held on July 7, 1984 and request permission to use the Civic Center parking lot and request that a Police Officer be provided for traffic control purposes. Mrs. Benjamin moved this communication be referred to Chief of Police for report to Council at their meeting of July 2, 1984. Mr. Daily seconded. Carried unanimously. e.Report from the Los Gatos Rowing Club regarding the U.S. Rowing Association Men's Nationals being held at Lexington Reservoir on July 12, through July 15, 1984. Mr. Daily seconded. Carried unanimously. f.Letter from the Los Gatos Memorial Library Board regarding Sunday opening of the Library. It was consensus of Council this be noted and filed. SCHEDULE OF PUBLIC HEARINGS Information for Council. REQUEST FOR STREET CLOSURE ST. MARY'S FAIRE Mrs. Benjamin moved contingent upon Police Department approval of final plans that the Council approve the request of St/ Mary's Church to close Lyndon Avenue from 4:00 p.m. on Friday, September 30, 1984. Mr. Daily seconded. Carried unanimously. NATIONAL AVENUE SPEED LIMITS Mrs. Benjamin moved to direct staff to advise Mr. Jensen that a new 25 MPH speed limit sign will be installed on the west side of National Avenue, south of Samaritan Drive facing southbound traffic. Mr. Daily seconded. Carried unanimously. CHAMBER OF COMMERCE SIDEWALK SALES & USE OF TOWN PLAZA Mrs. Benjamin moved Council approve the July Sidewalk Sales for July 13, 14, and 15th, not for July 11 and 12, as was requested on June 4, 1984. Also requesting the use of the Town Plaza on July 14th subject to conditions established by the Police and Parks Departments. Mr. Daily seconded. Carried unanimously. COMPLAINT POLICE RESPONSE Report from Police Chief Acosta on complaint regarding timely Police response. Mrs. Benjamin moved Council accept said informational report. Mr. Daily seconded. Carried unanimously. TREE REMOVAL 21 OAK HILL WAY (KOWNACKI) Staff reported they had met with Mr. Kownacki and an acceptable tree replacement plan has been reached. Tree planting will meet the needs of the property owner and also provide adequate clearance for vehicle traffic. Planting to be completed by June 15, 1984. Consensus of Council to accept this report. PARKING PROHIBITION ON WHEELER AVENUE AT HOLLYWOOD AVENUE Mayor Ferrito reported that Council was in receipt of two letters of complaint of traffic problems in this area and requested this issue be withdrawn from the agenda and refer matter to staff to review and report back to Council at their meeting of July 2, 1984. R. BARROW COMPLAINT RE GREEN VALLEY DISPOSAL Council at their last meeting instructed Mr. Barrow, Mr. Varni and Assistant Town Manager to meet and try and resolve this issue. Staff has met with both parties and feels a resolution has been reached. ZONING ORDINANCE AMENDMENT - 413 LOS GATOS BLVD. (MESA) Mrs. Benjamin moved for adoption of Ordinance No. 1621 entitled, AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONING ORDINANCE EFFECTING ZONE CHANGE NO. 65 FROM R-1:8,000 TO R- 1:8,000-PD. Mr. Daily seconded. Carried unanimously. MASSOL AVENUE TRAFFIC REPORT Council received staff report as requested at the meeting of June 4, 1984. Staff has furnished information on traffic count and their recommendation of a 4 way stop at Massol Avenue and Bachman Avenue. Mr. Bannan, 14 Massol, spoke against the recommendation and suggested 25 mph sign for northbound traffic on Massol between Bean and Nicholson and 25 mph sign for southbound traffic on Massol between Bachman and Nicholson; raise intersection at Nicholson and Massol from 2-way stop to 4-way stop; possible stop on Bayview avenue at Bean and continue to monitor speeding on Massol. After further discussion, Mr. Ventura moved Council put 4 way stop at Massol and Nicholson; 25 mph sign for northbound traffic between Bean and Nicholson; 25 mph sign for southbound traffic between Bachman and Nicholson and place stop sign at intersection for traffic going north at Bayview at Bean. Mr. Carlson seconded. Mr. Daily opposed the 4-way stop at Massol and Nicholson. Mrs. Benjamin stated she agrees with Mr. Daily and would like to see Council work out this problem one step at a time. Vote on the motion was three ayes. Mrs. Benjamin and Mr. Daily voting no. HISTORIC DESIGNATION HOERLER HOUSE 15945 CAMINO DEL CERRO Mrs. Benjamin moved for adoption of Ordinance No. 1622 entitled, AN ORDINANCE OF THE TOWN OF LOS GATOS DESIGNATING THE HOERLER HOUSE AND GARAGE AS HISTORICALLY AND CULTURALLY SIGNIFICANT. Mr. Daily seconded. Carried unanimously. CONTRACTS FOR INITIAL STUDIES CONSULTANTS Mrs. Benjamin moved for adoption of Resolution No. 1984-93 entitled, RESOLUTION AUTHORIZING THE EXECUTION OF A CONTRACT FOR INITIAL STUDIES (CALIFORNIA ENVIRONMENTAL QUALITY ACT). Contracts are with Earth Metrics Incorporated; Environmental Science Associations, Inc.; Larry Seeman Associates and Mindigo & Associates. Mr. Daily seconded. Carried unanimously. COUNTY REFERRALS Mrs. Benjamin moved to accept staff recommendation on the following: 1370-32-44-81B-81GV-81GA Corey 17105 Soda Springs resubmittal 12-hour pump test No comment. 1857-23-45-83B-83G Pierson Thompson Road Single family building site No comment. 2175-30-48-84B Morgan/Modir Aztec Ridge Road Single family bldg site. Request County to hold this application in abeyance until design review application and all necessary information is submitted. 2183-34-50-84DR 15259 Deer Park Rd. Strathearn Design review staff has no objections to the construction of a swimming pool and deck at the location shown on the plans, provided that the pool and deck are designed to comply with the structural and soils foundation requirements of the approval agency, and no trees are proposed to be removed. Mr. Daily seconded. Carried unanimously. HUMAN RESOURCES SERVICES, INC. Mrs. Benjamin moved for adoption of Resolution No. 1984-94 entitled, A RESOLUTION AUTHORIZING THE TOWN MANAGER TO EXECUTE A CONTRACT WITH HUMAN RESOURCES SERVICES INC. FOR THE PROVISION OF AN EMPLOYEE ASSISTANCE PROGRAM. Mr. Daily seconded. Carried unanimously. MINUTES JUNE 4, 1984 Mrs. Benjamin requested correction of minutes as follows: Page 6, Subject - TOWN COMMISSION VACANCIES. Motion should read, "Mr. Carlson moved Council instruct staff to change the Commission application form to include question concerning participation on various Commission/Board or Committee". Mrs. Benjamin moved minutes of June 4, 1984, be approved as corrected. Mr. Daily seconded. Carried unanimously. COMMUNICATIONS (for action) A.Letter from James Jones resigning from the Los Gatos Retirement Board (employee representative). Mr. Daily moved to accept resignation with regret and staff be directed to prepare the appropriate Resolution of Commendation for a.Council consideration at the next meeting. Mrs. Benjamin seconded. Carried unanimously. Request Town Manager to look into other alternatives regarding Town Retirement Board. b.Notice from PG&E that they have filed with the Public Utilities Commission a request to establish a rate increase. Mr. Ventura moved Council go on record opposing said request. Mr. Daily seconded. Carried unanimously. c.a Board of Supervisors communication regarding Town representative on the County Transportation Commission. Mr. Daily moved Council reappoint Mr. Ventura as Town's representative to said Commission. Mrs. Benjamin seconded. Carried unanimously. d.Letter from Yellow Checker Cab regarding rate increase of fares. It was noted (Yellow Cab has been notified) that Los Gatos has set a public hearing for July 16, 1984 to consider rate increase request. Mr. Carlson moved to hold the hearing as scheduled. Mrs. Benjamin seconded. Carried unanimously. The Town Attorney to investigate as to legality of Yellow Cab not servicing Los Gatos until the fares have been increased. MAY WARRANT 1984 Mr. Carlson moved for approval of the May, 1984 warrants in the amount of $432,485.23. Mrs. Benjamin seconded. Discussion was held regarding some payments and need for more description than is shown. MAY FINANCIAL STATEMENT Mr. Daily moved to accept the May 1984 financial statements from the Office of Town Clerk. Mrs. Benjamin seconded. Carried unanimously. TREASURERS REPORT FOR MAY 1984 It was noted this will be continued to the next meeting of July 2, 1984. MONTHLY PAYROLL AUDIT Consensus of Council this be continued to July 2, 1984. CULTURAL RESOURCE COMMISSION SAN JOSE OPERA THEATER Mr. Carlson moved Council approve appropriation of $600.00 from the Cultural Resource Commission FY1983-84 budget to the San Jose Opera Theater for two performances to be held on July 29, 1984 at the Civic Center. Mr. Daily seconded. Carried unanimously. CULTURAL RESOURCE COMMISSION NEEDS ASSESSMENT Informational report for Council on the results of the Needs Assessment Survey conducted during the last week of April, 1984. Lucille Hogan answered questions of Council regarding the survey. CULTURAL RESOURCE COMMISSION OLD FASHIONED PICNIC DAYS Mayor Ferrito questioned whether the Town should be sponsoring monetarily any event to support the Chamber of Commerce. Lucille Hogan stated Cultural Resource Commission is only furnishing the entertainment and feels Cultural Resource Commission can use publicity so people know what they are and what they are doing. This is a beginning in addressing an issue identified in the Cultural Needs Assessment Survey. After further discussion, Mr. Daily moved the Council approve appropriation of $380.00 from the Cultural Resource Commission FY 1983-84 budget for Co-sponsorship of a summer band concert spearheaded by the Los Gatos Chamber of Commerce. Mr. Benjamin seconded. Carried unanimously. Council members also requested that all newspapers be used for publicity and any sponsorships be noted as Los Gatos Town Council and the Cultural Resource Commission of the Town of Los Gatos. These are the two groups that should be credited for those kinds of activities. VERBAL COMMUNICATIONS Mr. John Eastman, 27 Mariposa Avenue, presented a letter signed by 31 families in the Mariposa- San Benito neighborhood, thanking Council for their diligent effort and concern in attempting to solve the traffic problems that existed on their street. Mr. Richard Gaines, 340 Johnson Avenue, regarding repair of his sewer lateral. Discussion was held as to Towns' responsibility. Mr. Bryant spoke on the Towns' policy on sanitary sewer lateral maintenance, stating, in situations of this nature where a property owner is advised to contract for necessary repairs. When the problem source is exposed, the Engineering Inspector would make a determination as to responsibility. If it is determined that the Town were liable as indicated by Mr. Gaines, a claim for reimbursement would be accepted and processed. Discussion was held on Sanitation District #4 policy regarding laterals within the public right-of-way, which states they will maintain them. After further discussion, Mr Ventura moved this issue be referred back to staff. Have staff confer with District #4 and staff to report back to Council with some suggestions to resolve this problem. Mrs. Benjamin seconded. Mr. Carlson suggested request District #4 give the Town a written statement as to their policy on this issue. Motion carried unanimously. RELEASE OF CLAIMS AGAINST THIRD PARTIES Discussion was held on the proposed Resolution and Council request this be held until the meeting of July 2, 1984 and Attorney directed to revise the Resolution. ESTABLISHING RATE OF ADMINISTRATIVE FEES FOR TOWN RETIREMENT PLAN Discussion was held on proposed Resolution and Council requested this be held until the meeting of July 2, 1984 and staff directed to revise the Resolution. ADOPTION 1984/85 BUDGET Mr. Ventura moved for adoption of Resolution No. 1984-95 entitled, A RESOLUTION ADOPTING BUDGET FOR FISCAL YEAR 1984-85. Mrs. Benjamin seconded. Carried unanimously. Mr. Carlson stated he would like to have recorded in the minutes his reason for supporting the motion. Given the Town's salary policy and the improvements the Council voted on in various Memorandum of Understandings, he would like to see in this and future budgets a little more aggressive goals as many were lower than the actual 83/84 achievements. AFSCME LOCAL 101 MEMORANDUM OF UNDERSTANDING Mr. Daily moved for adoption of Resolution No. 1984-101 entitled A RESOLUTION AUTHORIZING THE TOWN MANAGER TO EXECUTE A MEMORANDUM OF UNDERSTANDING BETWEEN THE TOWN OF LOS GATOS AND AFSCME LOCAL NO. 101. Mr. Ventura seconded. Carried unanimously. POSITIONS AND SALARIES FOR FY 1984-85 Mr. Carlson moved for adoption of Resolution No. 1984-96 entitled, A RESOLUTION ADOPTING SCHEDULES OF AUTHORIZED POSITIONS SALARIES FOR FISCAL YEAR 1984-85. Mrs. Benjamin seconded. Carried unanimously. APPROPRIATIONS LIMIT 1984-85 Mr. Daily moved for adoption of resolution No. 1984-97 entitled, A RESOLUTION SETTING THE FY 1984-85 APPROPRIATIONS LIMIT FOR REVENUE GENERATED FROM "PROCEEDS OF TAXES" PURSUANT TO ARTICLE XIII (B) OF THE STATE CONSTITUTION. Mr. Ventura seconded. Carried unanimously. SETTING SALARIES FOR HOURLY EMPLOYEES Mrs. Benjamin moved for adoption of Resolution No. 1984-98 entitled, A RESOLUTION AMENDING RESOLUTION SETTING HOURLY EMPLOYEE SALARIES FOR FISCAL YEAR 1984-85. Mr. Ventura seconded. Carried unanimously. MANAGEMENT COMPENSATION PLAN The Town Manager referred to changes in the Plan as presented. The change is correction of wording under the Plan Review, Titles of community Programs change to Community Services. Park Supervisor be changed to Parks & Forestry Superintendent and some change in the wording regarding disability insurance. Mr. Carlson moved for adoption of amended Resolution No. 1984-99 entitled, A RESOLUTION REPEALING RESOLUTION 1983-148 AND APPROVING REVISED MANAGEMENT PERFORMANCE AND COMPENSATION PLAN FOR THE TOWN OF LOS GATOS (FY 1984-85). Mrs. Benjamin seconded. Carried unanimously. POLICE OFFICERS ASSOCIATION MEMORANDUM OF UNDERSTANDING Mr. Ventura moved for adoption of Resolution No. 1984-100 entitled, A RESOLUTION AUTHORIZING THE TOWN MANAGER TO EXECUTE THE MEMORANDUM OF UNDERSTANDING BETWEEN THE TOWN AND THE LOS GATOS POLICE OFFICERS' ASSOCIATION. Mrs. Benjamin seconded. Carried unanimously. REVENUE ADJUSTMENTS FOR 1983-84 Mr. Carlson moved Council approve the revenue adjustments as follows: GENERAL FUND FROM TO Sales and Use Tax $ 3,175,000 $ 3,375,000 Bldg/Elec/Plbg permits 135,000 150,000 Planning permits 150,000 180,000 Court fines 175,000 200,000 Interest 730,000 750,000 The difference of the above adjustments is $290,000 and this amount to be appropriated to the current year contingency. Mrs. Benjamin seconded. Carried unanimously. APPROPRIATION OF GENERAL FUND BALANCE Mr. Carlson moved to accept staff recommendation and that all General Fund balances (Fund 010) be appropriated to the General Fund Reserve (014) effective at the close of business June 30, 1984. Mr. Daily seconded. Carried unanimously. CENTENNIAL COMMITTEE LOAN REQUEST Mr. Ventura spoke on the request from the Centennial Committee for a loan of $6,000 from the Town to be repaid with interest upon the demise of the non-profit corporation. This would provide the committee with some capital to undertake their ventures. Mayor Ferrito requested a written report so Council could review and have a staff report. It was consensus of Council this be placed on agenda for July 2, 1984. ROUTE 85 ALTERNATIVE ANALYSIS Engineer James Van Houten, spoke on report on Route 85 Alternative Analysis and maps displayed showing the various alternatives to be studied as follows: 1 - FREEWAYAn eight lane facility with full control of access and with grade separation at intersections. This facility includes a wide median that could accommodate Light Rail Transit (LRT) or a busway. 7 - NO PROJECT No transportation facilities. 8 - FREEWAY WITH A four or six lane freeway with full control of access and grade separation at intersections. This facility includes LRT in the median and High Occupancy Vehicles (HOV) lanes. 9 - FREEWAY WITH Same as alternative 8 except busway in the median BUSWAY & HOV in lieu of LRT. 10 - TRANSPORTATION This alternative includes activities such as improvements to public transportation facilities, additional buses, vanpools, park and ride lots and preferential parking, and highway operational improvements such as localized widening, HOV lanes, computerized traffic control system, signalization, channelization and restriping and pedestrian/bicycle facilities. These improvements would be designed to maximize the utilization and energy efficiency of the present system. #4 Expressway - light rail system option. Mr. Carlson moved to oppose further studies of Alternatives 1 and 9. Mrs. Benjamin seconded. Carried unanimously. It was consensus of Council that Alternatives 7, 8 and 10 should be studied further and the Town wishes to support LRT other than at grade and opposes any roadway that involves any high speed interchanges. Councilman Ventura is to present the above concerns to the Policy Advisory Board at their next meeting. ADJOURNMENT Mayor Ferrito declared the meeting adjourned at 9:35 p.m. stating there would be an executive meeting next Monday night, June 25, 1984 at 7:30 p.m. to discuss litigation. ATTEST: Rose E. Aldag Town Clerk