M 07-01-85TOWN OF LOS GATOS CALIFORNIA
TOWN COUNCIL/PARKING AUTHORITY AGENDA
JULY 1, 1985
TOWN COUNCIL
The Town Council and the Parking Authority met in a joint meeting in the Council
Chambers of the Town Hall at 7:30 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 SESSION
Town Attorney reported that Council had met in executive session at the
conclusion of meeting of June 17, 1985 and discussed litigation of GTE Mobilnet
vs Town of Los Gatos and no action was taken. Discussion was also held on the
Town's possible acquisition of property at 61 E. Main Street and no action was
taken.
APPOINTMENTS CULTURAL COMMISSION
Mayor Benjamin stated interviews for the 3 vacancies had been held prior to the
meeting and the four applicants are qualified for the appointment. Applicants are
Mary E. Benson; Marti Erickson; Lynn Marie Strom-Berg and Ethel S. Worn.
Voting ws held and receiving the majority of votes and appointed to the Cultural
Commission for a three year term were Mary E. Benson, Marti Erickson and
Ethel S. Worn.
BID AWARD PROJECT 312 BLOSSOM HILL PARK PATHWAY
It was noted that three bids had been received ranging from low bid of
$29,263.80 to high bid of $35,607.00. Mr. Daily moved to award bid to Norman
B. Houge, Inc. in the amount of $29,263.80; authorize Mayor to sign the contract
on behalf of the Town and authorize a supplemental appropriation from General
Fund Appropriated Reserve in the amount of $32,200.00 Mr. Carlson seconded.
Carried unanimously.
PROJECT 317 DOWNTOWN SIDEWALK RECONSTRUCTION
Mr. Carlson moved to award the bid for said Project 317 to AMBO Concrete Inc.
in the amount of $90,215.75; authorize the Mayor to sign the contract on behalf
of the Town and authorize a supplemental appropriation from General Fund
Appropriated Reserve in the amount of $39,300.00 Mr. Ventura seconded and
spoke on his concerns on lack of competitive bidding. Motion carried
unanimously.
COMMUNICATIONS (referral/file)
a.Letter from Midpeninsula Regional Open Space District requesting the
waiver of Site and Design Fees on the proposed development of a vehicle
parking lot at the Sierra Azul Open Space Preserve - Kennedy Road area,
located within the Town of Los Gatos. Mr. Ventura moved to refer this
communication and request to the Planning Director for report and
recommendation for July 15, 1985. Mr. Daily seconded. Carried unanimously.
b.Request from Meredith Newspaper to reconsider the decision on legal
advertising. Council noted decision has been made for publication serices for the
FY year 85-86 and that decision will remain.
c.Notice from PG&E re Amendment to Rate Increase Application 83-09-49
to recover, through rates, the cost to decommission Humbolt Bay Power Plant,
Unit No. 3. Mr. Ventura moved to refer to staff to send letter to PUC in opposition
of the application. Mr. Daily seconded. Carried unanimously.
d.Request from Alta Vista Elementary School to conduct a traffic/pedestrian
study. Mr. Ventura moved to refer said request to staff for report. Mr. Daily
seconded. Carried unanimously.
PARKING COMMISSION REPORT
Information report for Council.
PUBLIC HEARING SCHEDULES
Information for Council on upcoming public hearings.
PARKING PROHIBITION TOLL HOUSE
Mr. Ventura moved to accept staff recommendation and deny the request from
the Toll House Hotel to prohibit parking on the west side of South Santa Cruz
Avenue fronting the Toll House property. Mr. Daily seconded. Carried
unanimously.
STOP SIGN WESTCHESTER DR. & BLOSSOM VALLEY
Mr. Carlson moved to grant request from Carol Kay and erect three way stop
signs at Westchester Drive and Blossom Valley on a trial basis. Signs to be
installed as soon as possible and be review in January 1986. Mr. Ventura
seconded. Carried unanimously. Staff to prepare Resolution for installation of
stop signs and present for Council consideration on July 15, 1985.
ANNUAL DAMMIT RUN
Mr. Ventura moved Council approve the request of the Los Gatos Athletic
Association to hold its twelfth annual Dammit Run on August 24, 1985, provided
the Assocition executes an agreement with the Town, holding the Town harmless
of any liabilities and Association to pay any costs incurred for use of Police
Officers on traffic control. Mr. Daily seconded. Carried unanimously.
ESTABLISHMENT DIRECTOR OF FINANCE
Mr. Ventura amoved for adoption of Ordinance No. 1658 entitled, ORDINANCE
OF THE TOWN OF LOS GATOS ESTABLISHING THE OFFICE OF THE
DIRECTOR OF FINANCE. Mr. Daily seconded. Carried unanimously.
TRAFFIC SAFETY OKA ROAD
Mr. Sedivy spoke on his complaint re lack of sidewalks, traffic and trash along
Oka Road. Mr. Zapf, Town Engineer spoke on his proposal to provide a pathway
along sides of Oka Road. After some discussion Mr. Ventura moved to direct
staff to stripe the center line and both sides of Oka Road to delineate a paved
shoulder for pedestrians and to fill the unimproved shoulder with base rock to
remove the vertical drop between edge of pavement and the shoulder. Mr.
Carlson seconded. Carried unanimously.
4 WAY STOP SIGNS AT WIMBLEDON & CLEARVIEW DR.
Mr. Ventura moved for adoption of Resolution No. 1985-100 entitled, A
RESOLUTION DESIGNATING A FOUR WAY VEHICULAR STOP AT THE
INTERSECTION OF WIMBLEDON DRIVE AND CLEARVIEW DRIVE; and
approve the request to paint a "KEEP CLEAR" paavement message at the
intersection of Winchester & Wimbledon Dr. Mr. Daily seconded. Carried
unanimously.
COUNTY REFERRALS
Mr. Ventura moved to accept staff recommendation on the following:
11P68.5 Limekiln Gulch Hogan Time extension for Quarry permit
No comment.
2505-34-50-85DR Deer Park Road Carbone Single Family
design review Council request that any approval include conditions
proposed by the applicant relating to erosion control, tree protection, drought-
resistant Landscaping, and drip irrigation.
2375-26-52-85V-85B-85OR 18480 Overlook Road Fink Single Family
design review since the Town's major concern was whether the Variance was
justified and not the design of the building, it seems appropriate for the Town to
make no comment on the design review application.
Zoning Ordinance Amendment re Mandatory Annexation hearing at the
Board of Supervisors on July 2, 1985.
Los Gatos Hillside Specific Plan hearing by County Planning on July 3, 1985.
Mr. Daily seconded. Carried unanimously.
PLANNING REPORT
Information for Council.
CONTRACTS FOR EIR REPORTS
Mr. Ventura moved for adoption of Resolution No. 1985-101 entitled,
RESOLUTION AUTHORIZING AGREEMENT TO PREPARE AN
ENVIRONMENTAL IMPACT REPORT (Planning Analysis and Development)
and adoption of Resolution No. 1985-102 entitled, RESOLUTION AUTHORIZING
AGREEMENT TO PREPARE AN ENVIRONMENTAL IMPACT REPORT
(Environmental Impact Planning Corporation). Mr. Daily seconded carried
unanimously.
REPORT RE SECONDARY UNITS
Information report for Council re application process for Secondary Dwelling Unit
permit. Discussion was held on this after which, Mr. Carlson moved to direct
Clerk to schedule a public hearing on the amendment of fees for Secondary
Dwelling Unit permits. Mr. Ventura seconded. Carried by vote of three ayes.
Mr. Daily voted no. Public hearing to be held on August 5, 1985.
NEIGHBORHOOD CENTER OUTREACH ACTION PLAN
Mr. Ventura moved this be removed from agenda tonight as requested by staff
and be reagendized for July 15, 1985. Mr. Daily seconded. Carried
unanimously.
85-86 SALARY FOR HOURLY EMPLOYEES
Mr. Ventura moved for adopiton of Resolution No. 1985-103 entitled, A
RESOLUTION AMENDING RESOLUTION SETTING HOURLY EMPLOYEE
SALARIES FOR FISCAL YEAR 1985-86. Mr. Daily seconded. Carried
unanimously.
ENCUMBRANCES FOR 1984-85
Mr. Ventura moved for approval of appropriations dealing with encumbrances for
1984-85 as follows:
Appropriations for Encumbrances.
GENERAL FUND
Town Manager $12,372.50
Town Treasurer 553.67
Town Attorney 379.67
Planning 2,200.00
Building regulations 2,695.93
General Town Administration 19,920.84
Insurance 2,718.84
Police 10,022.26
Engineering 630.29
Parks, Forestry & Maintenance 70,509.46
Capital Projects (Current Yr Rev.)76,950.00
Library 4,322.86
Parking 89,650.00
TOTAL
$292,926.32
Street Tree Deposit
2,474.56
Equipment Replacement
205,849.17
General Fund Reserves
324,068.58
Revenue Sharing
1,293.33
Stores
104.84
Park Fund
50,000.00
Gas Tax 2106
7,155.00
Gas Tax 2107
31,000.00
Sanitary Sewer
2,980.17
Construction Tax
50,000.00
Construction tax-utility
20,000.00
Community Services
16,109.12
Storm Drain Basin #1
11,900.00
GRAND TOTAL
1,015,861.09
Mr. Daily seconded. Carried unanimously.
APPROPRIATIONS FOR CARRYOVER OF 84-85
Mr. Ventura moved Council appropriate funds to various departments, as shown
below:
COMMUNITY SERVICE COMMISSION $2,500.00
(General Revenue Sharing funds as match
for Earthquake Preparedness Grant)
GENERAL FUND $7,500.00
General Town Administration replacement
of fifteen (15) chairs in Council
Chambers
GENERAL FUND APPROPPRIATED RESERVE $4,500.00
Tapes for Communications Center
recording equipment.
TOTAL:$ 14,500.00
Mr. Daily seconded. Carried unanimously.
GOVERNOR'S PROPOSAL GRP 1
Mr. Ventura moved Council notify Assemblyman Konnyu and State Senator
Morgan that Council is not in favor of the Governor's Reorganization Plan 1. Mr.
Daily seconded. Carried unanimously.
AB-2020 (BOTTLE BILL)
Mr. Ventura moved Council notify State Assemblyman Konnyu and State Senator
Morgan of Town's support of AB-2020 (the "Bottle Bill"). Mr. Daily seconded.
Carried unanimously.
AB-1021 (TOXIC GAS STUDY)
Mr. Ventura moved Council notify Assemblyman Konnyu nd State Senator
Morgan of Council's support of AB-1021 (Study of Toxic Gases). Mr. Daily
seconded. Carried unanimously.
MINUTES OF JUNE 17, 1985
Mr. Carlson requested rewording of his comments on Page 5, Subject Parking
Program last sentence to read "Mr. Carlson stated staff should communicate to
the Parking Commission of Councils concerns that money for appraisals and
Engineering services on this project should be spend wisely".
Mr. Ventura moved minutes be approved as corrected. Mr. Carlson seconded.
Carried unanimously.
COMMUNICATIONS (For action)
a.Letter from Methodist Women requesting special auto parking privileges for
Saturday, September 28, 1985 between 9:00 a.m. and 3:30 p.m. After some
discussion Mr. Carlson moved that Council suggest that the Methodist Women
contact the School District and also offer the Town parking facilities. Mr. Daily
seconded. Carried unanimously.
b.Letter from Los Gatos Jaycees requesting waiver of park use fees for the
Los Gatos Jaycees fourth of July celebration in Oak Meadow Park. Discussion
was held and it was noted that all proceeds of this festivity goes to worthy causes
throughout the Community and specifically because this is the Town's 4th of July
Picnic open to all residents and proceeds going to the Centennial Committee will
go to the celebration of the Town's centennial. Mr. Daily moved to waive the fees
as requested. Mr. Carlson seconded. Carried by vote of 2 ayes. Mrs. Benjamin
and Mr. Ventura abstained as they are both members of the Centennial
Committee.
JUNE 21, 1985 PAYROLL
Mr. Carlson moved for approval of the June 21, 1985 payroll in the amount of
$119,943.47. Mr. Daily seconded. Carried unanimously.
DOWNTOWN PARKING PROJECT
It was consensus of Council to direct staff to communicate to consultants
Rauh,Good, Darlo and Barnes that Council would prefer more detailed
accounting of how they spent their time re public information services in
conjunctionn with the Downtown Parking Project.
PARKING COMMISSION REPORT
Ken Phiko presented Council with 54 individual responses from North Downtown
Business district regarding parking outside C-2 zone. Staff to furnish Parking
Commission with copies of the responses and this topic be discussed at the July
8, 1985 parking meeting.
REGULATIONS RENT INCREASES MOBILE HOME PARKS
Town Attorney stated she has discussed this item with Councilmember Ventura
and he is eligible to vote on this issue and there is no conflict of interest.
Harryette Shuell representative of the Los Gatos Mediation Program and
facilitates the Rent Advisory Committee, gae report on history of this issue. Ms.
Shuell answered questions of Council re various increases that have been
imposed by the Mobile Home Park owners and the need for a ceiling being
placed on increase of space rent. Also speaking on the need for proposed
ordinance were Maryalice Blice, Jack Cole, Randy Grimes. Rachel Smith, Rae
Gilmore, April Souza, Andy and Shirley Joselin, Ann Cunningham and Bob
Hamilton. Discussion was held on setting cap lower than what is proposed in the
ordinance. After much discussion Mr. Ventura moved to introduce the Ordinance
with the limit of rent increases in the event of a sale to 10% of the current rent or
$25.00, whichever amout is lower. Mr. Carlson seconded. Carried unanimously.
Town Attorney instructed to prepare Urgency Ordinance for Council
consideration at next meeting and Rent Advisory Committee review this in the
interim.
TRAFFIC STUDY ALMOND BLOSSOM
It was consensus of Council that this be referred to Town Engineer to prepare a
traffic study of Almond Blossom Drive.
APPEAL - 400 BLOSSOM HILL RD.
Mayor Benjamin stated this was the time and place duly noted for public hearing
for appeal of Planning Commission's denial for approval of plans to construct an
additional office building and to waive screen wall requirements on property in
the "O" zone (Property located at 400 Blossom Hill Road). Due to appellant not
being present or represented, Mr. Carlson moved hearing be continued to July
15, 1985. Mr. Daily seconded. Carried unanimously.
APPEAL 367 LOS GATOS BOULEVARD
Mayor Benjamin stated this was the time and place duly noted for public hearing
for appeal of Planning Commission's approval for the demolition of the house
located at 367 Los Gatos Boulevard. Kathy Morgan, member of the Planning
Commissionand appellant of this issue stated demolition of said historical
designated structure is in violation of Section 8 of the General Plan. Mr.
Bartholow, representing the owners of the property spoke in favor of the
demolition, stating the cost to restore the building is not feasible and condition of
building is not safe and will probably be ordered to be demolished due to safety
hazard. Also speaking inopposition to demolition of said building was John Lien
and Mardi Bennett. Mr. Dean Sakel owner of adjoining property sopke on the
possibility of moving the building to his lot. After much discussion on possibilities
of restoration of said building and no one else wishing to speak on this issue, Mr.
Ventura moved hearing be closed. Mr. Daily seconded. Carried unanimously.
Mr. Carlson moved to uphold the appeal as Planning Commission erred in not
considering Section 8.0 CONSERVATION AND HISTORIC PRESERVATION
ELEMENT in the Towns General Plan. Mr. Ventura seconded, adding that
Planning Commission had failed to consider the entire project. Carried
unanimously. It was consensus of Council to request Planning Commission to
look favorably on a plan development proposal on this piece of property and any
surrounding properties. Mr. Bartholow stated for the record that the owners of
the building did not let the building get in position that it is in now. This condition
was caused by the fire and the firemen.
ZONING ORDINANCE AMENDMENT A-85-7
Mayor Benjamin stated this was the time and place duly published for public
hearing to consider an amendment to the Town Zoning Ordinance to change the
time of expiration of zoning approvals from one to two years from the date of
initial approval. Planning Director Lee Bowman explained procedures on time
extensions and answered questions of Council. After further discussion and no
one else wishing to speak to this issue, Mr. Ventura moved hearing be closed.
Mr. Daily seconded. Carried unanimously. Mr. Carlson then moved to amend
the proposed Ordinance so that the 2 year extension apply to HR zone. Mr.
Daily seconded. Carried unanimously. Mr. Ventura moved to waive reading of
AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONING
ORDINANCE OF THE TOWN OF LOS GATOS RELATING TO EXPIRATIONS
OF ZONING APPROVALS. Mr. Daily seconded. Carried unanimously. Clerk
read title, Mr. Ventura moved Ordinance be introduced as amended. Mr. Daily
seconded. Carried unanimously.
VERBAL COMMUNICATIONS
Sandra Miller, 688 Bicknell Road requested permission to closed the cul-de-sac
on Bicknell Road so residents can hold a 4th of July barbecue. After some
discussion Mr. Daily moved request be granted subject to person in charge
signing a waiver holding Town harmless of any liability. Mr. Ventura seconded.
Carried unanimously.
Mr. Hamilton, 368 Bella Vista Avenue, questioned the ommission of the
Treasurers report. Council and staff stated the Treasurer had informed them it
was not necessary for them to approve or disapprove his report (that was back in
February) and since that time it has not been agendized but all Council members
had received each report.
COUNTY TRANSIT BUS LAYOVER SITE
Mr. Zapf, Town Engineer, spoke re Bus Station Committee report and presented
same to Council. The intent was to find a loction for a facility that would serve
the Town and have the least negative impact. It was noted if both ramps were
closed, the street at Wood Road could be developed as a turnaround/layover
zone. Discussion was held on staffs' continued discussion with County transit in
order to find a mutually acceptable solution. It was noted this had been
discussed with Supervisor Wilson and it was consensus of Council that before
any closing of ramps, its necessary to know the total impact on all our systems.
Staff to relate Councils wishes regarding moving of layover site from the Town
Plaza.
AB-1717 STATE LOTTERY
Mrs. Benjamin moved for adoption of Resolution 1985-104 entitled,
RESOLUTION OUTLAWING THE USE OF VIDEO LOTTERY MACHINES IN
CALIFORNIA. Mr. Carlson seconded. Carried unanimously.
Susan Fink, 18580 Overlook Road, asked for information concerning her lot on
Overlook Rd. She was informed this had been taken care of early in the meeting
under County Referrals.
ADJOURNMENT
Mayor Benjamin declared the meeting adjourned at 10:55 p.m.
ATTEST:
Rose E. Aldag
Town Clerk