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