M 03-04-85TOWN OF LOS GATOS CALIFORNIA
TOWN COUNCIL/PARKING AUTHORITY AGENDA
MARCH 4, 1985
TOWN COUNCIL
The Town Council and the Parking Authority met jointly in the Council Chambers
of the Town Hall at 7:35 p.m., in regular session.
ROLL CALL
PRESENT:Terrence J. Daily, Thomas J. Ferrito, Brent N. Ventura and
Mayor Joanne Benjamin
ABSENT:Eric D. Carlson.
PLEDGE OF ALLEGIANCE
Given by all in attendance.
PRESENTATION
Mayor Joanne Benjamin presented Resolution of Commendation to Emma Rau
for her service as a member of the Cultural Commission from July 1980 to
January 1985 and for various other services to the Community.
APPOINTMENT TO THE CULTURAL COMMISSION
Applicants for the vacancy on the Los Gatos Cultural Commission were Andrew
Watson and Ann Atkinson. Interviews for the vacancy was held prior to the
Council meeting. Both candidates were nominated for the Commission. Voting
was held with Mr. Daily and Mrs. Benjamin voting for Ms. Atkinson and Mr.
Ventura and Mr. Ferrito voting for Mr. Watson. Due to a tie vote it was
consensus of Council to continue the appointment to the Commission to March
18, 1985, at which time there will be a full Council.
REPORT ON EXECUTIVE SESSION
The Town attorney, Mary Jo Levinger, stated Council had met in Executive
Session prior to the Council meeting and discussed NCS vs. Town of Los Gatos
and no action was taken.
EX-AGENDA ITEM & AGENDA CHANGES
Item 19 to be withdrawn from the agenda as per request by Parking
Commission.
Item 30 will be continued to March 18th, 1985 (Appeal regarding Lyndon
avenue).
Item 40 to be added - Discussion regarding Light Rail System.
Mayor Benjamin left the meeting at 7:50 p.m. to deliver a Proclamation to Los
Gatos High School. Vice-Mayor Daily conducted the meeting for this period and
Mayor Benjamin returned to the meeting and chairing of the meeting at 8:00 p.m.
prior to voting on any agenda items.
COMMUNICATIONS (referral/file)
a.Letter from James Hempler regarding improvements to Wood road and
Wood Road/S. Santa Cruz Avenue intersection. Mr. Daily moved this matter be
referred to staff for report on the meeting of March 18, 1985. Mr. Ventura
seconded. Carried unanimously.
b.Letter from Paul Collins regarding parking for Los Gatos High School.
This was informational letter to Council and was noted and filed.
c.Letter from Kay Eshlman requesting proclamation regarding AAUW Week.
Mr. Daily moved this be referred to Mayor for preparation of proclamation. Mr.
Ventura seconded. Carried unanimously.
SCHEDULE OF PUBLIC HEARINGS
Information for Council
COUNTY REFERRALS
Mr. Daily moved to accept staff report on the following:
2131-34-51-84SP Pritchard The Board of Supervisors
considered the Town's appeal of the County Planning Commission's approval of
a detached secondary unit on Sky lane and the Board unanimously denied the
Town's appeal and approved the application.
Mr. Ventura seconded. Carried unanimously.
It was also noted the County Planning Commission has scheduled a special
study session for 10:30 a.m., Thursday, March 7, 1985, to allow the Town Staff to
present the changes as adopted by the Council regarding Los gatos Hillside
Specific Plan. Mr. Ferrito referred to report on the Hillside Plan which Council
had requested from the Town attorney. The attorney stated a report would be to
Council on March 18, 1985.
PLANNING DEPT. MONTHLY REPORT
Council accepted informational report from Planning Department.
CAPITAL IMPROVEMENT PLAN (draft)
Information for Council for their review prior to the Study Session scheduled for
Monday, March 11, 1985.
UNIVERSITY AVENUE UNDERGROUNDING DISTRICT
Informational report regarding offering of grants to low and moderate income
homeowners residing on University Avenue (between Miles and Saratoga
Avenue) to offset the cost of the undergrounding of utilities which includes
electrical, telephone and cable wires.
CALIFORNIANS FOR BETTER TRANSPORTATION
Informational report regarding membership into said non-profit organization.
Staff states Town should not join this organization at this time. However, Council
may wish to become more supportive in the future.
TRINITY INVESTMENT CO. CONDITIONS OF APPROVAL AGREEMENT
Informational report regarding Trinity Investment Company executed agreement
with the Town obligation themselves to pay 10% of the cost of a traffic signal at
the intersection of Nino Avenue and Los Gatos Boulevard.
LOS GATOS HIGH SCHOOL HANDICAPPED ACCESS BIDS
Mr. Daily moved to accept staff recommendations as follows:
1. Council approve Gared Structures' low bid of $28,000 to construct the
ramp which will connect the lower and upper levels of the high school;
2. Council approve J. L. Drew Construction's low bid of $29,406 with the
condition that the Town's current year contribution is limited to $8,000; and
3. That the District complete the modifications to the nurse's restrooms
with District funds, inasmuch as this project was not listed as an approved project
under the Town's Community Development Block Grant Program.
Mr. Ventura seconded. Carried unanimously.
NOTICE OF COMPLETION
Mr. Daily moved Council authorize the Mayor to execute and the Town Clerk to
record said Notice of Completion and Certificate of acceptance for Project 299-
CT -- Civic Center Carpeting. Mr. Ventura seconded. Carried unanimously.
4-WAY VEHICULAR STOP AT MARCHMONT DRIVE & HILOW ROAD
Mr. Daily moved for adoption of Resolution No. 1985-26 entitled, A
RESOLUTION DESIGNATING A FOUR WAY VEHICULAR STOP AT THE
INTERSECTION OF MARCHMONT DRIVE WITH HILOW ROAD. Mr. Ventura
seconded. Carried unanimously.
PROJECT 310 HARWOOD ROAD SIDEWALK IMPROVEMENTS AND
PROJECT 311 NATIONAL AVENUE IMPROVEMENTS
The Town Engineer, Ron Zapf, answered questions of Councilman Ventura as to
the lack of an equestrian type trail that the Town was going to provide along
frontage of upper portion of Harwood Road. After further discussion it was
consensus of Council to withdraw this item from the agenda, at this time, to allow
further discussion with property owners in the area.
AGREEMENT FOR EMERGENCY MANAGEMENT & DISASTER
PREPAREDNESS SERVICES
Mr. Daily moved for adoption of resolution No. 1985-27 entitled, A RESOLUTION
APPROVING AGREEMENT FOR SERVICES RELATED TO EMERGENCY
MANAGEMENT AND DISASTER PREPAREDNESS (1985); and Town Manager
is hereby authorized to execute said agreement on behalf of the Town. Mr.
Ventura seconded. Carried unanimously.
PROJECT 306 POLICE DEPT. COMMUNICATIONS CENTER
IMPROVEMENTS
Mr. Daily moved for adoption of Resolution No. 1985-34 entitled, RESOLUTION
OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS APPROVING
PLANS AND SPECIFICATIONS FOR PROJECT 306 - POLICE DEPARTMENT
COMMUNICATIONS CENTER IMPROVEMENTS. Mr. Ventura seconded
subject to condition of additional landscaping being provided. Carried
unanimously.
COMMENDATION RESOLUTION J. ESTRUTH
Mr. Daily moved for adoption of resolution No. 1985-28 entitled, A RESOLUTION
OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS COMMENDING
JOHN O. ESTRUTH, JR. FOR OUTSTANDING SERVICE TO THE TOWN. Mr.
Ventura seconded. Carried unanimously.
AMENDMENT TO LICENSE AGREEMENT WITH BILLY JONES WILDCAT
RAILROAD
Mr. Daily moved for adoption of Resolution No. 1985-29 entitled, RESOLUTION
OF THE TOWN OF LOS GATOS RESCINDING TOWN RESOLUTION NO.
1984-208 AND AUTHORIZING MAYOR TO EXECUTE AMENDMENT TO
LICENSE AGREEMENT WITH THE BILLY JONES WILDCAT RAILROAD
EXTENDING THE TERM UNTIL JANUARY 1, 2010. Mr. Ventura seconded.
Carried unanimously.
DENIAL OF APPEAL RE- ILLEGAL SUBDIV. - 16 - 16 1/2 CLIFTON AVENUE
Mr. Daily moved for adoption of Resolution No. 1985-30 entitled, RESOLUTION
DENYING APPEAL FROM PLANNING COMMISSION DETERMINATION THAT
PROPERTY HAS BEEN ILLEGALLY SUBDIVIDED AND INSTRUCTING TOWN
ATTORNEY TO RECORD A NOTICE OF VIOLATION PURSUANT TO
GOVERNMENT CODE SECTION 66499.36 (16 and 16 1/2 Clifton Avenue --
Walter L. Crafford, Barbara Crafford, Kenneth H. Crafford and Karen Crafford).
Mr. Ventura seconded. Carried by a vote of three ayes. Mrs. Benjamin
abstained, she had not been present at the hearing. Mr. Carlson was absent.
ESTABLISHMENT OF TOWN PAYROLL AND ACCOUNTS PAYABLE
SCHEDULES
Mr. Bob Hamilton, from the audience, raised questions on the schedule and
Council answered those questions. Mayor Benjamin asked for clarification as to
availability of the warrant/checks. After general discussion the last two items on
Exhibit B was amended to read, "All warrant/checks available in the Office of the
Town Clerk for Treasurer . . . " and last item to read, "Signed warrant/checks
returned to the Office of Town Clerk no later than . . .".
On Exhibit C last two sentences to read, "Warrant/checks will be available in the
Office of Town Clerk for the Treasurer at 3:00 p.m. on the day indicated. Signed
warrant/checks must be returned to the Office of Town Clerk by 9:00 a.m. on
scheduled payment date." Mr. Daily moved for adoption of Resolution No. 1985-
31, as amended, entitled A RESOLUTION OF THE TOWN COUNCIL OF THE
TOWN OF LOS GATOS ESTABLISHING PAYROLL AND ACCOUNTS
PAYABLE WARRANT/CHECK PROCESSING AND PAYMENT SCHEDULES
FOR CALENDAR YEAR 1985. Mr. Ventura seconded. Carried unanimously.
AMENDMENT TO ZONING ORDINANCE RE HANDICAPPED ACCESSIBLE
PARKING SPACES
Mr. Daily moved for adoption of Ordinance No. 1640 entitled, ORDINANCE
AMENDING THE ZONING ORDINANCE OF THE TOWN OF LOS GATOS
RELATING TO PERMITS REQUIRED FOR PARKING LOT IMPROVEMENTS;
RELATIONSHIP OF REQUIRED HANDICAPPED ACCESSIBLE PARKING
SPACES AND REQUIRED NUMBER OF PARKING SPACES. Mr. Ventura
seconded. Carried by a vote of three ayes. Mr. Carlson was absent and Mayor
Benjamin abstained, as she had not been present for the discussion and hearing
at the last meeting.
AMENDMENT TO HOME OCCUPATION BUSINESS LICENSE
Mr.Daily moved for adoption of Ordinance No 1641 entitled, AN ORDINANCE OF
THE TOWN OF LOS GATOS INCREASING THE EXEMPTION FROM THE
BUSINESS LICENSE TAX ON ALLOWABLE GROSS RECEIPTS FROM A
HOME OCCUPATION FROM $500/YEAR TO $2500 YEAR. Mr Ventura
seconded. Carried by a vote of three ayes. Mr. Carlson was absent and Mr.
Ventura voted no.
AMENDING TOWN CODE - CHAPTER 5 RELATIVE TO ANIMALS AND
VEHICLES
Mr. Daily moved for adoption of Ordinance No. 1642 entitled, ORDINANCE
AMENDING CHAPTER 5 OF THE TOWN CODE RELATING TO ANIMALS
AND VEHICLES. Mr. Ventura seconded. Carried by a vote of three ayes. Mr.
Carlson was absent and Mayor Benjamin abstained, as she had not been
present for the discussion at the last meeting.
MINUTES - FEBRUARY 12, 1985
Mr. Ventura requested, for the record, that the minutes reflect his questions of
Town Clerk as to her length of term of employment with the Town and her
answer that in her term of employment of 27 years, checks had always been
signed on time. February, 1985 was the first time that the checks were not
signed on time, this caused a delay in the mailing of the check/warrants. Mr.
Ferrito moved for approval of February 12, 1985 minutes as corrected. Mr. Daily
seconded. Carried unanimously.
MINUTES - FEBRUARY 19, 1985
Mrs. Benjamin stated on Page 4, the 3 public hearings should begin with "Vice-
Mayor Daily. . .". Mr. Ferrito stated on Page 3, Subject - Minutes February 4,
1985. At the end of the second line the words, "of which" should be added. On
Page 5, subject Amending Home Occupation Business License. At the end of
the sixth line should add, "moved that the . . .". Mr. Ventura stated on Page 5 -
Subject Grading Ordinance. It should reflect that he wished staff to review other
specific provisions of the Ordinance. Mr. Ventura moved for approval of the
February 19, 1985 minutes as amended above. Mr. Daily seconded. Carried
unanimously.
COMMUNICATIONS (for action)
a.Letter from Gene Goldberg, District Director of Los Gatos saratoga
Department of Community Education and Recreation regarding continued
funding by the Town for FY 1985-86.
Mr. Daily moved Council approve a supplemental appropriation of
$7,000.00 from the current General Fund balance and continue the
previous level of support for the fiscal year 1984-85. The Town will also
request that the District submit a specific request for continued funding for
the fiscal year 1985-86 and subsequent years. Mr. Ventura seconded.
Carried unanimously.
b.Letter from Ming Quong Children's Society requesting use of Civic Center
facilities on June 1st and 2nd, 1985 regarding the 1985 Strawberry Festival. Mr.
Ferrito moved to approve the request for use of Town facilities on June 1st and
2nd, 1985, subject to staff requirements. Reimbursement for costs incurred by
Town staff working for the Festival weekend should also be a condition of
approval. Mr. Ventura seconded. Carried unanimously.
APPROVAL OF MARCH 1, 1985 PAYROLL
Mr. Daily moved March 1, 1985 payroll be approved in the amount of
$126,058.26 plus special warrants regarding withholdings in the amount of
$45,167.24. Mr. Ventura seconded. Carried unanimously. The Town Manager
announced, for the record, the above payroll was prepared and signed under
guidelines established by Resolution which Council adopted tonight.
WEST VALLEY SYMPHONY ASSOC. REQUEST FOR FUNDING
Mrs. Ethel Worn, member of Cultural Commission, stated she was available to
answer any question. Mr. Ferrito moved Town Council approve partial
reimbursement to the West Valley Symphony Assoc., in the amount of $400.00
for costs incurred in presenting a community concert. The grant would be
restricted for reimbursement of the cost of music rent ($200.00) and printing of
announcements and programs ($200.00). Mr. Ventura seconded. Carried
unanimously.
AMENDMENT TO BELOW MARKET PRICE PROGRAM
Mr. Ventura moved for adoption of resolution No. 1985-32 entitled, TOWN
COUNCIL RESOLUTION SPECIFYING RULES, PROCEDURES AND
CRITERIA FOR THE TOWN'S BELOW MARKET PRICE PROGRAM. Mr. Daily
seconded. Carried unanimously. It was consensus of Council to refer the matter
of Priority eligibility back to Planning for further study.
CAPACITY STANDARDS FOR CRITICAL INTERSECTIONS DOWNTOWN
The Town Manager reported that Planning Commission is making this
recommendation on the Capacity Standards based on information given to them
by the Parking Commission. After much discussion it was consensus of Council
to take no action on this issue and request Mayor Benjamin to discuss this
subject at the upcoming Mayor's breakfast on Friday.
PARKING COMMISSION PRESENTATION
This item was withdrawn from the agenda at the request of the Parking
Commission.
APPEAL 55 LYNDON AVENUE
Due to an error in the legal publication this appeal must be continued to March
18, 1985. Mayor Benjamin asked if there was anyone in the audience wishing to
speak on this issue at this time. No one wished to speak on this issue, Mr. Daily
moved this item be continued to March 18, 1985. Mr. Ventura seconded.
Carried unanimously.
ALMOND GROVE HISTORIC DIST. AMENDMENT
Mayor Benjamin stated this was the time and place duly published for public
hearing to consider amendment to the Town Zoning Ordinance concerning the
Almond Grove Historic District (Zoning Ordinance amendment A-85-1). Planning
director, Lee Bowman, answered questions of Council regarding the consistency
of architecture. No one else wished to speak on this issue. Mr. Ventura moved
public hearing be closed. Mr. Daily seconded. Carried unanimously. Mr.
Ventura moved to waive the reading for AN ORDINANCE OF THE TOWN OF
LOS GATOS AMENDING ORDINANCE NO. 1463 WHICH EFFECTED ZONE
CHANGE NO. 38 (ALMOND GROVE HISTORIC DISTRICT). Mr. Ferrito
seconded. Carried unanimously. The town Clerk read title. Mr. Ventura moved
Council make findings that the ordinance amendment is consistent with the
General Plan and the Ordinance be introduced. Mr. Daily seconded. Carried
unanimously.
WEED ABATEMENT
Mayor Benjamin stated this was the time and place duly published for public
hearing to hear any protest or objections to the proposed destruction or removal
of weeds. No one in the audience wished to protest this issue. Mr. Ventura
moved public hearing be closed. Mr. Ferrito seconded. Carried unanimously.
Mr. Daily moved for adoption of Resolution No. 1985-33 entitled, A
RESOLUTION OVERRULING OBJECTIONS AND ORDERING ABATEMENT
OF WEEDS AS A PUBLIC NUISANCE. Mr. Ferrito seconded. Carried
unanimously.
VERBAL COMMUNICATIONS
Ms. Jennifer Allison Smith, 3711 Bear Creek Road, spoke to Council requesting
their consideration in having an establishment to provide recreation for the
youths between 18 and 21. Mayor Benjamin suggested she contact the Youth
Advisory Commission, Los Gatos High School PTA and the Los Gatos Cultural
Commission and pass along any suggestions she may have.
REGULATION OF TAXICABS & TAXI DRIVERS LICENSE IN LOS GATOS
It was consensus of Council that this be continued to March 18, 1985.
TOWN PEDESTRIAN SAFETY PROGRAM
Mr. Ferrito moved Council approve the proposed Pedestrian Safety Program.
Mr. Ventura seconded. Carried unanimously.
WHEELER/YOSEMITE DRAINAGE
Town Engineer, Ron Zapf, reported to Council regarding meeting with residents
in the Wheeler Avenue/Yosemite Way area to discuss the proposed storm drain
project. After some discussion on said report Mr. Ventura moved to accept staff
recommendation and expand the project at a cost of $35,000 to incorporate the
following, subject to the dedication of public utility easements:
1.Gerhardt Property
a. 150' storm drain (Previously approved $10,000
b. 90' storm drain 5,000
2.Olivet and Iwamoto Properties
a. 185' storm drain 15,000
b. Sanitary sewer repair 5,000
TOTAL $35,000
Mr. Ferrito seconded. Carried unanimously.
PROJECT 262-SD MONTCLAIR STORM DRAIN
Mr. Daily moved Council authorize staff to issue a purchase order to the firm of
MGD contractors in the amount of $1,920.00 in order to perform work in
conjunction with the project, and approve a supplemental appropriation in the
aforementioned amount of $1,920.00. Mr. Ventura seconded. Carried
unanimously.
ORDINANCE AMENDMENT RE SIGNING OF WARRANT/CHECKS
Discussion was held on the proposed Ordinance and Mr. Hamilton, from the
audience, questioned use of "sahll" instead of "may" in the last line of section (a).
It was consensus of Council to make the following change in the last lines of the
amendment. Proposal shall read, ". . . or Vice-Mayor may review and sign
check/warrants". Mr. Daily moved reading be waived for ORDINANCE OF THE
TOWN OF LOS GATOS DESIGNATING OFFICERS TO SIGN
CHECK/WARRANTS. Mr. Ventura seconded. Carried unanimously. Town
Clerk read title. Mr. Daily moved Ordinance be introduced as amended. Mr.
Ventura seconded. Carried unanimously.
SALES & USE TAX ORDINANCE AMENDMENT
Mr. Ventura moved reading be waived for AN ORDINANCE OF THE TOWN OF
LOS GATOS AMENDING CHAPTER 28 OF THE TOWN CODE TO INCREASE
THE RATE OF SALES AND USE TAX. Mr. Daily seconded. Carried
unanimously. Town Clerk read title. Mr. Ventura moved Ordinance be
introduced. Mr. Daily seconded. Carried unanimously.
LEGISLATION AB483 (COSTA) RENT CONTROL
Mr. Ferrito moved Council join the League of California Cities recommendation
and notify our appropriate Legislators that we oppose AB483. Mr. Daily
seconded. Carried unanimously.
VASONA LINE CORRIDOR
Mr. Ventura spoke on Town's position stating the Town does support the study of
Vasona Line Corridor as a potential expansion of the Guadalupe Light Rail Line
with the provision that it would not terminate anywhere in the Central Business
District Area. It was consensus of Council to have the Mayor send a letter to San
Jose Mercury News explaining Town's position and explaining why Council feels
this might be a solution to some of the Town's problems.
ADJOURNMENT
Mr. Ferrito moved meeting be adjourned at 9:20 p.m. to Executive Session. Mr.
Ventura seconded. Carried unanimously. Report of Executive Session will be
given at the next regular meeting.
ATTEST:
Rose E. Aldag
Town Clerk