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M 06-17-85TOWN OF LOS GATOS CALIFORNIA TOWN COUNCIL/PARKING AUTHORITY AGENDA JUNE 17, 1985 TOWN COUNCIL The Town Council and the Parking Authority met in a joint meeting in the Council Chambers of the Town Hall at 7:45 p.m., in regular session. ROLL CALL PRESENT:Eric D. Carlson, Terrence J. Daily, Brent N. Ventura and Mayor Joanne Benjamin. ABSENT:Thomas J. Ferrito. PLEDGE OF ALLEGIANCE Given by all in attendance. EXECUTIVE SESSIONS REPORT Attorney Levinger reported Council had met in executive session on June 10, 1985 and discussed a personnel matter and no action was taken. Council also met in executive session on June 11, 1985 and discussed a personnel matter and no action was taken. Council met in executive session prior to tonights meeting and discussed labor relations and a personnel matter and no action was taken. SEISMIC SAFETY COMMITTEE APPOINTMENTS Mayor Benjamin stated Council conducted interviews prior to the Council meeting. Applicants were as follows; Carroll E. Meserve, and Roger L. Redig, Engineers; Gary Scholh, Allen DeGrange and Jimmy Fox, Architects; John B. Lochner and Robert N. Boggan representing downtown property owners. It was noted that one appointment would be made from each category. It was consensus of Council that all applicants were qualified for said appointment and therefore should all be nominated. Voting was held and receiving majority of votes and appointed to the SEISMIC SAFETY COMMITTEE were Mr. Meserve, Consulting Engineer; Jimmy Fox, Architect; and Robert N. Boggan, representative of downtown property owner. BID AWARD PROJECT 305 LOS GATOS BLVD. STREET IMPROVEMENTS It was noted two bids were received for Project 305, with the low bid being $92,044.10 and the high bid being $115,997.00. Mr. Ventura moved to accept staff recommendation and award the contract to low bidder, Norman B. Houge, Inc., in the amount of $92,044.10; authorize the Mayor to execute the contract on behalf of the Town; authorize a supplemental appropriation of $65,600.00 from Gas Tax 2106; approve the Right-of-way agreements with the Los Gatos Union School District and the Los Gatos Convalescent Hospital and authorize the Mayor to execute the documents on behalf of the Town. Mr. Daily seconded. Carried unanimously. EX-AGENDA ITEMS The following items were added to the agenda 2. d Letter from San Jose Water Works re Flume. 2. e Letter requesting permission to hold annual Dammit run in August. 24 d Appropriations of General Fund balances. COMMUNICATIONS (referral/file) a.Letter from Muriel Williamson regarding parking. Mr. Daily moved this communication be referred to Parking Commission for recommendation. Mr. Ventura seconded. Carried unanimously. b.Letter from Carol Kay requesting installation of a stop sign at Westchester Drive and Blossom Valley Drive. Mr. Daily moved this communication be referred to the Town Engineer for a report on July 1, 1985. Mr. Ventura seconded. Carried unanimously. c.Letter from Gary Rosso requesting permission to hold the World Police and Fire Games sometime in August 1985. Mr. Daily spoke on his concerns re traffic management problems on route for proposed bicycle race and Mr. Ventura asked that Police investigate sponsors of the event to hold Town harmless from any potential liability. Mr. Daily moved this be referred to the Chief of Police for report back on July 1, 1985. Mr. Ventura seconded. Carried unanimously. d.Letter from Richard Balocco, Manager of Public Relations and Community services of the SJWW requesting Council to consider leaving the flume, that remains, in its current location. Mr. Daily moved to refer said communication to the Parks Commission for recommendation. Mr. Ventura seconded. Carried unanimously. e.Letter from Los Gatos Athletic association, Inc. requesting permission to hold the annual Dammit Run on Saturday, August 24, 1985. Mr. Daily moved to refer said communication to the Chief of Police for report back on July 1, 1985. Mr. Ventura seconded. Carried unanimously. PUBLIC HEARINGS SCHEDULE Information to Council re upcoming public hearings. TOWN ATTORNEY EMPLOYMENT AGREEMENT Mr. Daily moved for adoption of Resolution No. 1985-88 entitled, A RESOLUTION APPROVING AMENDMENT TO THE TOWN ATTORNEY EMPLOYMENT AGREEMENT BETWEEN TOWN OF LOS GATOS AND MARY JO LEVINGER. Mr. Ventura seconded. Carried unanimously. LIONS CLUB REQUEST FOR USE OAK MEADOW PARK Mr. Daily moved Council approve the request of the Los Gatos Lions Club for the use of Oak Meadow Park on September 22, 1985 subject to conditions listed below. 1.That the Lions Club apply for facility reservation permit from the Parks Department. 2.Sponsor should be required to coordinate activities and meet established standards recommended by the Parks and Police departments. 3.No alcoholic beverage other than one beer and wine booth which will operate under a valid Alcoholic Beverage Control (ABC) license and be contained within a fenced perimeter as outlined by the Police Department. 4.Two Police officers to be assigned for security. 5.All provisions of section 11.30.060 of the Los Gatos Noise Ordinance to be met: Subject to the exceptions in section 11.30.060, in the daytime (between the hours of 7:00 a.m. and 9:00 p.m.) no person shall make a noise louder than 75 DBA measured 25 feet from the source. 6.Expenses incurred by the Parks and Police departments will be paid by the applicant. Mr. Ventura seconded. Carried unanimously. SOUTH BAY COOPERATIVE LIBRARY AGREEMENT AMENDMENT Mr. Daily moved for adoption of Resolution No. 1985-89 entitled, A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AMENDING THE JOINT EXERCISE OF POWERS AGREEMENT FOR THE SOUTH BAY COOPERATIVE LIBRARY SYSTEM. Mr. Ventura seconded. Carried unanimously. PROJECT 315 NICHOLSON DIVERSION WHEELER/YOSEMITE STORM DRAIN Mr. Daily moved for adoption of Resolution No. 1985-90 entitled, A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS APPROVING PLANS AND SPECIFICATIONS FOR PROJECT 315 NICHOLSON HILL DIVERSION AND WHEELER AVENUE/YOSEMITE WAY STORM DRAIN AND SANITARY SEWERS. This authorizes advertising for bids, to be opened on July 17, 1985 at 3:00 p.m. (Short Road has been deleted from this project). Mr Ventura seconded. Carried unanimously. Mr. Carlson requested Town Engineer keep neighbors well informed as to progress of this project. PROJECT 314 LARK AVE. IMPROVEMENTS Mr. Daily moved for adoption of Resolution No. 1985-91 entitled, A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS APPROVING PLANS AND SPECIFICATIONS FOR PROJECT 314 - LARK AVENUE IMPROVEMENTS AND PROJECT 316 - BLOSSOM HILL ROAD SAFETY IMPROVEMENTS and authorize the advertising for bids to be received by Wednesday, July 17, 1985 at 3:30 p.m.; direct staff to schedule a public hearing for project 316-Blossom Hill Road Safety Road Improvements for August 5, 1985 and notify affected property owners by letter. Mr. Ventura seconded. Carried by vote of three ayes. Mr. Ventura voted no due to his concerns re the plans for Blossom Hill Road. REQUEST FOR STOP SIGNS AT VARIOUS PLACES Informational status report for Council. PROJECT 311 NATIONAL AVE. IMPROVEMENTS Informational report for Council. EIR CONSULTANT SERVICES Mr. Daily moved for adoption of Resolution No. 1985-92 entitled, RESOLUTION AUTHORIZING THE EXECUTION OF A CONTRACT FOR INITIAL STUDIES (CALIFORNIA ENVIRONMENTAL QUALITY ACT). Contracts are with Mindigo & Associates; Environmental Science Associates, Inc.; Larry Seeman Associates and Earth Metric, Inc.. Mr. Ventura seconded. Carried unanimously. COMMENDATION DAVID R. MORA Mr. Daily moved for adoption of Resolution No. 1985-93 entitled, A RESOLUTION COMMENDING TOWN MANAGER DAVID R. MORA. Mr. Ventura seconded. Carried unanimously. CONTRACT WITH HUMAN SERVICES, INC. Mr. Daily moved for adoption of Resolution No. 1985-94 entitled, A RESOLUTION AUTHORIZING THE TOWN MANAGER TO NEGOTIATE AND EXECUTE A CONTRACT WITH HUMAN RESOURCE SERVICES, INC. FOR THE PROVISION OF AN EMPLOYEE ASSISTANCE PROGRAM. Mr. Ventura seconded. Carried unanimously. MINUTES JUNE 3, 1985 Mr. Ventura requested correction on page 5 - subject - Illegal Tree Removals; the third sentence of said paragraph to read "After further discussion it was consensus of Council to go with current procedure, but make change in policy to have response made immediately to all calls re tree removals and designate that the Parks Department handle all calls re tree removals whether before or after tree has been removed when Parks Department is available. If they are not available then calls should be referred to the Police Department". Mr. Ventura requested correction on page 5 - Downtown Parking - -change word parameter to perimeter. Mr. Daily requested change on page 5 - subject - Secondary Units - reword Mr. Ventura's reason for voting no. Last two sentences to read "Existing secondary units do provide affordable housing and to try to keep it affordable, we should keep the permit fees as low as possible. Mr. Carlson moved minutes of June 3, 1985 be approved as corrected". Mr. Ventura seconded. Carried unanimously. MAY 24, 1985 PAYROLL This was held for clarification of warrant to Hibernia Bank re deferred compensation. Mr. Mora gave explanation and Mr. Carlson then moved for approval of May 24, 1985 payroll in the amount of $117,328.38 with payroll related warrants in the amount of $99,361.74 for various employee withholdings, special warrants in the amount of $39,476.09 and Police Holiday pay in the amount of $15,823.15. Mr. Daily seconded. Carried unanimously. MAY 31, 1985 FINANCIAL STATEMENT Mr. Carlson moved for approval of the May 31, 1985 financial statement. Mr. Daily seconded. Carried unanimously. JUNE 1, 1985 WARRANTS Mr. Daily moved for approval of the June 1, 1985 warrants in the amount of $310,008.25. Mr. Ventura seconded. Carried unanimously. JUNE 7, 1985 PAYROLL Mr. Ventura moved to approve the June 7, 1985 payroll in the amount of $120,981.78. Mr. Daily seconded. Carried unanimously. LEGAL ADVERTISING Town Clerk answered questions of Council re proposals as submitted for publications services to the Town for the period July 1, 1985 to July 1, 1986. Dan Pulcrano & Steve Friedman, representing the Los Gatos Weekly, spoke on the services they could provide the Town now that they are legally adjudicated. It was stated that Los Gatos Weekly has the larger circulation of the two papers located in Los Gatos and feel they could give the Town superior service on their legal publications. After much discussion and consideration Mr. Carlson moved legal publication service be awarded to the Los Gatos weekly for one year (July 1, 1985 to July 1, 1986). Mr. Ventura seconded. Carried unanimously. HISTORICAL STREET NAME LIST Mr. Carlson moved to accept staff recommendation and modify the present street-naming policy as follows: Names for new streets shall be chosen from the Town's adopted historic street name list, however, other names not on the lit may be acceptable if the name is more fitting given the name of other streets in the neighborhood (i.e. flowers, trees, etc.) Mr. Daily seconded. Carried unanimously. 1985-86 BUDGET HEARING Mayor Benjamin stated this was the time and place duly published for public hearing to consider adoption of the Town Budget for 1985-86. There was no one from the audience that wished to speak on this issue, Mr. Daily moved hearing be closed. Mr. Carlson seconded. Carried unanimously. Mr. Daily moved for adoption of Resolution No. 1985-95 entitled, A RESOLUTION ADOPTING BUDGET FOR FISCAL YEAR 1985-86. Mr. Ventura seconded. Carried unanimously. Mr. Daily moved for adoption of Resolution No. 1985-96 entitled, A RESOLUTION SETTING THE FY 1985-86 APPROPRIATIONS LIMIT FOR REVENUE GENERATED FROM 'PROCEEDS OF TAXES" PURSUANT TO ARTICLE XIII (B) OF THE STATE CONSTITUTION. Mr. Ventura seconded. Carried unanimously. Mr. Ventura moved that Council appropriate all remaining General Fund (010) balances and unencumbered General Fund monies to the General Fund Appropriated Reserve (Fund 014) effective June 30, 1985. Mr. Carlson seconded. Carried unanimously. VERBAL COMMUNICATION Lewis J. Sedivy, 14685 Oka Road, spoke to Council re public safety on Oka Road. After some discussion it was consensus of Council to direct Town Engineer to look at easement between fence and the street on Oka Road and report back to Council. TRANSFER OF ACCOUNTING Mr. Carlson moved reading be waived for ORDINANCE OF THE TOWN OF LOS GATOS ESTABLISHING THE OFFICE OF THE DIRECTOR OF FINANCE. Mr. Daily seconded. Carried unanimously. Clerk red title of ordinance. Mr. Carlson moved Ordinance be introduced. Mr. Daily seconded. Carried unanimously. GREEN VALLEY DISPOSAL RATES Assistant Manager Levin reported on meetings that had been held between the four jurisdiction included in the Master Franchise Agreement with Green Valley Disposal Company. After some discussion Mr. Ventura moved that Council direct staff to calculate the effect of a modest rate increase on user-type for FY1985-86, and to take minute action advocating that all jurisdictions in the Master Franchise Agreement set rates at a level to be self-sufficient by July, 1986. Mr. Daily seconded. Carried unanimously. PARKING COMMISSION REPORT Parking Commission activity report - informational for Council. PARKING PROGRAM Jim Van Houten, Parking Program Director, answered questions of Council re engineering services for said program. Mr. Ventura requested that parking director inform property owners within the proposed assessment district as to the cost the town has invested on land acquisition in preparation of forming the district. Ken Phiko, 627 University Avenue, spoke in opposition of Town spending any more money towards said district. Further discussion was held and Mr. Carlson moved for adoption of Resolution No. 1985-97 entitled, RESOLUTION APPROVING THE AGREEMENT WITH WILBUR SMITH ND ASSOCIATES FOR ENGINEERING SERVICES; and authorize the Mayor to execute said agreement in behalf of the Town. Mr. Ventura seconded. Carried unanimously. DOWNTOWN PARKING PROGRAM Mr. Carlson moved to authorize staff to issue a purchase order to E.P> Brodd and associated for $6,400.00 for property appraisal and appropriate $6,400.00 from the General Fund Appropriated Reserve for this expense. Mr. Daily seconded. Carried unanimously. Mr. Carlson stated staff should communicate to the Parking Commission of Councils concerns that money for Appraisal and Engineering services for this project be spent wisely. REQUEST FOR STOP SIGN WIMBLEDON & CLEARVIEW DR. Members of the Wimbledon Drive Homeowners Association spoke on the reasons for their request for a four way stop sign at Wimbledon and Clearview Drive. After further discussion on this issue, Mr. Ventura moved to direct the installation of said stop sign on a 6 month trial basis. Mr. Daily seconded. Carried unanimously. COUNCIL ATTENDANCE FOR BD. OF SUPERVISOR MEETINGS IN JULY Mr. Bowman reported that Board of Supervisors would be holding a hearing on July 2, 1985 relative to Annexation Ordinance and County Planning Commission would be holding a hearing on the Hillside Plan on July 3, 1985 and feels a council member should be present at said meeting. It was decided that Mr. Daily nd Mr. Ventura will attend. ADJOURNMENT Meeting adjourned at 9:30 p.m., to executive session to discuss labor relations. Meeting reconvened t 9:40 p.m. MANAGEMENT COMPENSATION PLAN 85/86 Mr. Ventura moved for adoption of Resolution No. 1985-98 entitled, A RESOLUTION APPROVING MANAGEMENT PERFORMANCE AND COMPENSATION PLAN FOR THE TOWN OF LOS GATOS (FY1985-86). Mr. Daily seconded. Carried unanimously. POSITIONS AND SALARIES FOR 1985-86 Mr. Ventura moved for adoption of Resolution No. 1985-99 entitled, A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS RESCINDING CERTAIN PRIOR RESOLUTIONS AND ADOPTING SCHEDULES OF AUTHORIZED POSITIONS AND SALARIES FOR FISCAL YEAR 1985-86. Mrs. Benjamin seconded. Carried unanimously. ADJOURNMENT Meeting adjourned at 9:45 p.m. to executive session where Council will discuss potential acquisition of property at 61 E. Main Street. Negotiations will take place with Mr. Wm. Devine representing owner of the property. Also being discussed will be pending litigation pursuant to Government Code 54956.9(a) GTE Mobilnet vs Town. Report on the executive session will be given at the meeting of July 1, 1985. ATTEST: Rose E. Aldag Town Clerk