M 03-19-84TOWN OF LOS GATOS CALIFORNIA
TOWN COUNCIL/PARKING AUTHORITY AGENDA
MARCH 19, 1984
TOWN COUNCIL
The Town Council of the Town of Los Gatos met in the Council Chambers of the
Town Hall at 7:30 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 met in closed session prior to the Council meeting
and discussed potential litigation and personnel matters. He also stated that at
the conclusion of tonight's meeting they would continue the closed session
meeting to discuss labor negotiations and this will be reported on at the next
Council meeting.
RESOLUTION OF COMMENDATION NELLE HANLEY
Mayor Ferrito presented Resolution of Commendation to Nelle Hanley for her
services to the community by serving on the Santa Clara County Council on
Aging Advisory Commission.
EX-AGENDA ITEM
Mr. Ferrito stated Council is adding item 15a, Referral of Impartial Analysis of
Measure's "E" and "F", under the Office of Town attorney. Item 36 to be taken up
after item 26.
COMMUNICATIONS (referral/file)
a.Notice from Pacific Gas & Electric regarding application No. 84-03-07 to
Public Utility Commission requesting authority to increase its gas rates. Mr. Daily
moved to note and file said application. Mr. Ventura seconded. Carried
unanimously.
b.Letter from the Department of the Navy, Naval Air Station, Moffett Field
regarding the possibility of Los Gatos participating in the ceremony on historic
event of interment of a time capsule. Mr. Daily moved to refer this to the
Community Services Commission for recommendation. Mr. Ventura seconded.
Carried unanimously.
c.Letter from Judith Brizhner regarding public restrooms. Mr. Daily moved
to refer this communication to the Director of Parks, Forestry and Maintenance
Services for a report to Council at the meeting of April 2, 1984. Mr. Ventura
seconded. Carried unanimously.
d.Letter from Youth Science Institute regarding 10K Run to be held on June
10, 1984. Mr. Daily moved to refer this communication to the Police Chief for a
report to Council at the meeting of April 2, 1984. Mr. Ventura seconded. Carried
unanimously. Mr. Carlson referred the Youth nomination form and suggested
this be forwarded to the Youth Advisory Commission. This was done by
consensus of Council.
e.Letter from Bay Area Lupus Foundation, Inc. requesting permission to
have a banner made to display in downtown los Gatos promoting an invitational
tour of a private residence located in the mountains between Los Gatos and
Saratoga on Ravine Road designated as a National Historical Monument. Mr.
Daily moved to refer this communication to the Planning Director for report to
Council on April 2, 1984. Mr. Ventura seconded. Carried unanimously.
f.Letter from Scott Moncrieff regarding proposed Moody Gulch logging. Mr.
Daily moved to refer this communication to Town Manager for response to Mr.
Moncrieff regarding the Town's position on Moody Gulch logging. Mr. Ventura
seconded. Carried unanimously.
g.Letter from Scott Moncrieff regarding concerns on the possible harmful
effect of the use of a new chemical for purification of public water supply. Mr.
Daily moved to refer this communication to the Santa Clara Valley Water District
for report back to the Town at a later date. Mr. Ventura seconded. Carried
unanimously.
h.Letter from Joan Bonsall regarding the improper displaying of the
American Flag. Mr. Daily moved to refer this communication to Planning Director
for response. Mr. Ventura seconded. Carried unanimously.
i.Letter from Senior Coordinating Council requesting use of the
Neighborhood Center to allow a craft shop to be set up. Mr. Daily moved to refer
this communication to the Director of Community services for a report back to
Council on April 2, 1984. Mr. Ventura seconded. Carried unanimously.
As per Council policy, all the concerned parties will be notified of the specific
action taken by the Town Council.
SCHEDULE OF PUBLIC HEARINGS
Information for Council.
AMENDMENT TO POSITION & SALARY SCHEDULE 1983-84
Mr. Daily moved for adoption of Resolution No. 1984-32 entitled, A
RESOLUTION AMENDING POSITION AND SALARY SCHEDULES FOR
FISCAL YEAR 1983-84. Mr. Ventura seconded. Carried unanimously.
LOS GATOS BOULEVARD NO. 10 ANNEXATION
Mr. Daily moved for adoption of Resolution No. 1984-33 entitled, A
RESOLUTION INITIATING PROCEEDINGS FOR THE ANNEXATION OF
CERTAIN UNINHABITED TERRITORY DESIGNATED AS LOS GATOS
BOULEVARD NO. 10 TO THE TOWN OF LOS GATOS, (Resolution sets the
public hearing for May 7, 1984). Mr. Ventura seconded. Carried unanimously.
PARKING (PERMIT) S. SIDE OF E. MAIN BETWEEN PAGEANT & FIESTA
Mr. Daily moved for adoption of Resolution No. 1984-34 entitled, TWO HOUR
TIME LIMIT PARKING (EXCEPT BY PERMIT) ON SOUTH SIDE OF EAST
MAIN STREET BETWEEN PAGEANT WAY AND FIESTA WAY. Mr. Ventura
seconded. Carried by a vote of three ayes. Mrs. Benjamin and Mr. Daily voting
no.
PARKING TIME LIMIT S. SIDE OF E. MAIN BETWEEN JACKSON & ALPINE
Mr. Daily moved for adoption of Resolution No. 1984-35 entitled, TWO HOUR
PARKING, SOUTH SIDE OF EAST MAIN STREET BETWEEN JACKSON
STREET AND ALPINE AVENUE. Mr. Ventura seconded. Carried unanimously.
STOP SIGNS ON ESCOBAR AVENUE AT CAMINO DEL CERRO
Mr. Daily moved for adoption of Resolution No. 1984-36 entitled, INSTALLATION
OF STOP SIGNS ON ESCOBAR AVENUE AT CAMINO DEL CERRO. Mr.
Ventura seconded. Carried unanimously.
PROJECT 294-CT POLICE DEPT. OFFICE MODIFICATION
Mr. Daily moved for adoption of Resolution No. 1984-37 entitled, RESOLUTION
OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS APPROVING
PLANS AND SPECIFICATIONS FOR PROJECT 294 C.T. -- POLICE
DEPARTMENT OFFICE MODIFICATIONS. Mr. Ventura seconded. Carried
unanimously.
OMBUDSMAN PROGRAM
Report from Director of Community Services regarding Catholic Social Services
request for Town to endorse their recommendations to improve the quality of
care for nursing home residents through strengthened regulations. Mr. Daily
moved this be referred to Community Services Commission for a
recommendation. Mr. Ventura seconded. Carried unanimously.
COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING
Mr. Daily moved Council approve the release of $4,364.26 of Phase II CBDG
funding to be utilized in completing Phase I of the Los Gatos High School
Handicapped Accessibility projects and authorize Town Manager to negotiate a
contract amendment for Phase I. Mr. Ventura seconded. Carried unanimously.
TEEN HEALTH PLACE - OPEN HOUSE
Mr. Daily moved Council approve the Youth Advisory Commission's request to
provide $75.00 toward the expenses of the Teen Health Place Open House on
April 10, 1984. Mr. Ventura seconded. Carried unanimously.
PAINTINGS IN COUNCIL CHAMBERS
Council received and accepted report from Cultural Resource Commission
regarding the possibility of a rotation system for the purpose of having paintings
displayed in the Council Chambers.
TOWN RETIREMENT PLAN - AUDIT
Mr. Daily moved Council accept the Town Retirement Plan audit and refer that
audit to the Town Retirement Board for information. Mr. Ventura seconded.
Carried unanimously.
SMOKE DETECTOR ORDINANCE
Mr. Daily moved for adoption of Ordinance No. 1611 entitled, ORDINANCE
ADDING ARTICLE IV TO CHAPTER 12, "FIRE PROTECTION" REQUIRING
SMOKE DETECTORS IN RESIDENTIAL BUILDINGS. Mr. Ventura seconded.
Carried unanimously.
6 YEAR CAPITAL IMPROVEMENT PROGRAM - PARKS DEPARTMENT
PORTION
After some discussion on this issue it was consensus of Council that this be held
for consideration along with the complete Capital improvement Program as
prepared by staff and the Town Manager's Office that will be presented to
Council at a later date.
MEASURES ON RENT INITIATIVE AND BLOSSOM HILL MANOR ISLAND
ANNEXATION
Mr. Daily moved Council refer the two measures, on June ballot, to Town
Attorney for preparation of an Impartial Analysis. Mr. Ventura seconded. Carried
unanimously.
MARCH 5, 1984 MINUTES
Mr. Ventura requested correction of minutes as follows:
Subject, Street Improvements, 16412 Los Gatos Boulevard, motion to include
"the reimbursement of cost of curb and gutter to Town, if the convalescent
hospital changes their use of intensify the use of the property".
Subject, Underground Utility Dist. 83-1, motion to include "and take measures to
work out the cost of undergrounding for cases of hardship of residents along
University Avenue".
Subject, Walgreen's Appeal, the vote should read, "Carried by vote of four ayes.
Mr. Ventura abstained."
Mr. Carlson requested correction as follows:
Subject, C.B. Hannegan's Appeal, last motion made by Mr. Carlson should be
"Mr. Carlson moved Council direct Police Chief and Manager to set up procedure
for monitoring all bars; restaurant bars; reporting violations to ABC and giving a
periodic report to Council".
Mr. Ventura moved minutes of March 5, 1984, be approved as corrected. Mr.
Daily seconded. Carried unanimously.
COMMUNICATIONS (for action)
a.Letter from Gilda Forrester regarding temporary political and garage sale
signs. Mr. Ventura moved staff notify Mrs. Forrester of regulations on the various
signs and letter be noted and filed. Mrs. Benjamin seconded. Carried
unanimously.
b.Letter from Marjorie Muttersbach giving her resignation from the Park
Commission. Mrs. Benjamin moved to accept Mrs. Muttersbach resignation with
regrets and adopt Resolution No. 1984-38 entitled, A RESOLUTION
COMMENDING MARJORIE MUTTERSBACH. Mr. Daily seconded. Carried
unanimously. Clerk was directed to advertise for the vacancy on the Park
Commission.
c.Letter from Eugene J. Westphalen giving is resignation from the
Community Services Commission. Mrs. Benjamin moved to accept Mr.
Westphalen resignation with regret and adopt Resolution No. 1984-39 entitled, A
RESOLUTION COMMENDING EUGENE J. WESTPHALEN. Mr. Ventura
seconded Carried unanimously. Clerk was directed to advertise for the vacancy
on the Community Services Commission.
d.Application from the Alcoholic Beverage Control for a license for Takem 'N
Bakem Pizza at 15950 Los Gatos Boulevard. Mr. Ventura moved to accept staff
report to note and file application as Planning reported that a Conditional Use
Permit had been approved subject to conditions. Mrs. Benjamin seconded.
Carried unanimously.
WARRANT DEMANDS FEBRUARY, 1984
Mr. Carlson moved warrant demands in the amount of $484, 870.69, for the
month of February, 1984 be approved. Mrs. Benjamin seconded. Carried
unanimously.
FINANCIAL STATUS REPORT FOR FEBRUARY 1984
Mrs. Benjamin moved to accept the February, 1984 Financial status reports from
the office of Town Clerk. Mr. Ventura seconded. Carried unanimously.
TREASURER'S REPORT FOR FEBRUARY 1984
Mr. Daily moved to accept Treasurer's report for the month February 1984. Mrs.
Benjamin seconded. Carried unanimously.
GENERAL PLAN AMENDMENT
Mayor Ferrito stated this was the time and place duly noted for continued hearing
on General Plan Amendment GP-83-1. Council has not completed their
deliberation on this issue, Mr. Carlson moved this item be continued to April 16,
1984. Mr. Daily seconded. Carried unanimously.
EXTENSION OF URGENCY INTERIM ORDINANCE SECONDARY UNITS
Mayor Ferrito stated this was the time and place duly published for public hearing
to consider the extension of Urgency Interim Ordinance regarding Secondary
Units. No one from the audience wished to speak on this issue. Mr. Ventura
moved hearing be closed. Mrs. Benjamin seconded. Carried unanimously. Mr.
Ventura moved reading be waived for URGENCY ORDINANCE EXTENDING
INTERIM ORDINANCE PRECLUDING SECOND UNITS UNDER
GOVERNMENT CODE SECTION 6585.2(c) UNTIL JUNE 2, 1985. Mrs.
Benjamin seconded. Carried unanimously. Clerk read title. Mr. Ventura moved
for adoption of Ordinance No. 1612 entitled, URGENCY ORDINANCE
EXTENDING INTERIM ORDINANCE PRECLUDING SECOND UNITS UNDER
GOVERNMENT CODE SECTION 65852.2(c) UNTIL JUNE 2, 1985. Mrs.
Benjamin seconded. Carried unanimously.
1982 UNIFORM BUILDING CODES
Mayor Ferrito stated this was the time and place duly published for public hearing
to consider the adoption of the Uniform Building Codes of 1982. Mayor
questioned Mr. Watson, Building Official, regarding the State Historical Building
Code as to whether we have to adopt it along with this action. Mr. Watson stated
the State adopted the Historical Building Code and it is not necessary to readopt
it. No one else wished to speak on this issue. Mrs. Benjamin moved hearing be
closed. Mr. Daily seconded. Carried unanimously. Mrs. Benjamin moved for
adoption of Resolution No. 1984-40 entitled, A RESOLUTION CONCERNING
CHANGES IN UNIFORM CODES -- HEALTH AND SAFETY CODE SECTION
17958.7. Mr. Daily seconded. Carried by vote of four ayes. Mr. Ventura was out
of the room.
Mrs. Benjamin moved reading be waived for ORDINANCE OF THE TOWN OF
LOS GATOS ADOPTING BY REFERENCE WITH MODIFICATIONS, OF 1982
EDITIONS OF THE UNIFORM BUILDING CODE, UNIFORM MECHANICAL
CODE, UNIFORM HOUSING CODE, UNIFORM CODE FOR ABATEMENT OF
DANGEROUS BUILDING AND UNIFORM PLUMBING CODE. Mr. Daily
seconded. Carried by vote of four ayes. Mr. Ventura was out of the room. Clerk
read title. Mrs. Benjamin moved ordinance be introduced. Mr. Daily seconded.
Carried by vote of four ayes. Mr. Ventura was out of the room.
APPEAL - 354 N. SANTA CRUZ AVE.
Mayor Ferrito stated the appellant has requested this issued be continued to April
2, 1984. Mr. Daily moved request be granted and the hearing on this appeal be
continued to April 2, 1984. Mrs. Benjamin seconded. Carried unanimously.
GREEN VALLEY DISPOSAL RATE INCREASE
Mayor Ferrito stated this was the time and place duly noted for the continued
public hearing to consider request of Green Valley Disposal Company for rate
adjustments. Assistant Town Manager gave a summary report stating this
hearing had been continued twice to have an opportunity to obtain more
information, public comment, and to have a chance to have two Council
members meet with representatives of the other cities effected. As of this date,
the cities of Monte sereno and Campbell have adopted the new rate structure
with an effective date of March 1, 1984. No one from the audience wished to
speak to this issue, Mrs. Benjamin moved hearing be closed. Mr. Carlson
seconded. Carried unanimously. After further discussion, Mr. Carlson moved for
adoption of resolution No. 1984-41 entitled, A RESOLUTION APPROVING
RATE ADJUSTMENTS FOR THE GREEN VALLEY DISPOSAL COMPANY.
Mrs. Benjamin seconded. Carried by vote of three ayes. Mr. Daily and Mr.
Ventura voting no. Mr. Daily voted no for he is concerned with the 34% rate
increase on the Residential rates, as was Mr. Ventura. Mr. Ferrito requested that
at time of rate review next year, he would like the committee to consider a senior
citizen rate. Also instruct staff that next time rate review committee begins
meeting, Council be given monthly reports as to developments and in addition
would like to make certain that Council has a recommendation from the rate
review committee, at least, 6 to 8 weeks in advance of the date the rate
adjustment would go into effect.
APPEAL 234 LOS GATOS BOULEVARD
Mayor Ferrito stated this was the time and place duly published for public hearing
to consider the appeal of the conditions put on Planning Commission's approval
of Architecture and Site Application S-80-105B for the exterior modification to an
office building located in the "O" zone at 234 Los Gatos Boulevard. John Scott,
appellant spoke on the issue and requested that Council refer this back to DRC
to allow him to be present at said meeting. Further discussion was held on
meetings which Mr. Scott failed to attend and be heard. Mr. Ventura moved to
continue this hearing for 2 weeks but wished it noted this would be the final
continuance. Mrs. Benjamin seconded. Carried by vote of four ayes. Mr. Ferrito
voting no.
PARK REVENUE PROGRAM
Frank J. Jelinch, Chairman of the Committee on Park Revenue Program
explained the basic intent of the organization; methods of solicitation and priority
needs for Park Revenue generated. The reason for this being agendized is to
get Council support before going ahead with the program. After some
discussion, Mr. Ventura moved Council approve the concept of the proposed
Park Revenue Program and authorize implementation. Mrs. Benjamin seconded.
Carried unanimously. Mr. Ventura stated the Centennial Committee will be
working on a program similar to this program and suggested to two committees
work together. It was Council consensus that Council is not setting any priorities
at this time or accepting priority list as presented.
CODE ENFORCEMENT OFFICE
Mrs. Benjamin moved reading be waived for ORDINANCE AMENDING THE
ZONING ORDINANCE OF THE TOWN OF LOS GATOS AUTHORIZING THE
TOWN MANAGER OR HIS DESIGNATE TO ARREST OR TO ISSUE
CITATIONS FOR VIOLATIONS THEREOF. Mr. Daily seconded. Carried
unanimously. Clerk read title. Mrs. Benjamin moved ordinance be introduced.
Mr. Daily seconded. Carried unanimously. Mrs. Benjamin moved reading be
waived for ORDINANCE AMENDING CHAPTER I OF THE TOWN CODE
AUTHORIZING THE TOWN MANAGER OR HIS DESIGNATE TO ARREST AND
TO ISSUE CITATIONS FOR VIOLATIONS OF THE TOWN CODE:
INCREASING THE MAXIMUM FINE FOR MISDEMEANOR TO ONE
THOUSAND DOLLARS: AMENDING NOTICE TO APPEAR PROVISIONS TO
CONFORM TO CURRENT PENAL CODE REQUIREMENTS. Mr. Ventura
seconded. Carried unanimously. Town Clerk read title. Mrs. Benjamin moved
ordinance be introduced. Mr. Daily seconded. Carried unanimously.
PERSONAL SERVICES AGREEMENT (EMPLOYMENT)
Mrs. Benjamin moved for the adoption of Resolution No. 1984-42 entitled, A
RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN
MANAGER TO EXECUTE AGREEMENTS FOR PERSONAL SERVICES. Mr.
Ventura seconded. Carried unanimously.
GRANTING APPEAL 225 SARATOGA AVENUE
Mrs. Benjamin moved for adoption of Resolution No. 1984-43 entitled,
RESOLUTION GRANTING THE APPEAL FROM THE PLANNING
COMMISSION DECISION APPROVING VARIANCE APPLICATION AND
ARCHITECTURE AND SITE APPLICATION AND MAKING CERTAIN
MODIFICATIONS THEREOF (225 Saratoga Avenue - Olive Ruth O'Connor
Trust; Theodore L. Shebs,Trustee). Mr. Carlson seconded. Carried
unanimously.
GRANTING APPEAL C.B. HANNEGAN'S 208 BACHMAN AVE.
The Town Attorney spoke on changes of wording on proposed Resolution
granting the appeals, stating some of the language came about on request from
Mr. Robert Cowan. Randall Reedy, Attorney for C.B. Hannegan's; stated he
finds new wording inconsistent with the spirit of the last Council meeting when
Council made their findings. Mr. Reedy referred to the new proposed resolution
stating his clients opposed wording of 1c, "... and unauthorized expansion of C.
B. Hannegan's."; and 2d which states,"... linking the bar expansion to permit
parking ...". Discussion was held on these changes. Mr. Carlson questioned 3j
regarding legality of tying preferential parking to condition of granting the appeal.
Mr. Reedy stated Hannegan's would agree to condition 3j. Mr. Ventura moved to
amend the Resolution by omitting the following:
1c - omit "and unauthorized expansion of C.B. Hannegan's." and
2d - omit "the bar expansion" and add "the intensification of use"
and adopt as amended Resolution No. 1984-44 entitled, RESOLUTION
GRANTING APPEALS FROM PLANNING COMMISSION DECISION TO
APPROVE CONDITIONAL USE PERMIT APPLICATION, (208 Bachman - C.B.
Hannegan's). Mr. Daily seconded. Carried unanimously.
REVOCABLE PERMIT TO USE PORTION OF BOONE LANE
Mr. Ventura moved to authorize the Town Engineer to issue to Dawson/Miller
Development Company a revocable permit to allow the use of a portion of Boone
Lane for landscaping. Mrs. Benjamin seconded. Carried unanimously.
NON-CONFORMING SIGN ABATEMENT PROGRAMS
Mrs. Benjamin moved to accept report from Planning Director regarding status of
non-conforming sign abatement program. Mr. Daily seconded. Carried
unanimously.
STATE LEGISLATION
Mr. Carlson moved Council goon record in support of AB 3618 (Roos) and
oppose AB 2897 (Kelley). Mr. Daily seconded. Carried unanimously.
PG&E ENERGY REBATE FUNDS
Mr. Daily moved for adoption of Resolution No. 1984-45 entitled, RESOLUTION
AUTHORIZING APPLICATION FOR PACIFIC GAS AND ELECTRIC COMPANY
ENERGY REBATE FUNDS. Mrs. Benjamin seconded. Carried unanimously.
APPROPRIATIONS FROM CULTURAL RESOURCES COMMISSION
Discussion was held on the meaning of these appropriations that have been
requested and feels more information is needed. It was consensus of Council to
continue this for two weeks and ask staff to inquire into this request further and
report back to Council.
RESOLUTION DECLARING AAUW WEEK
Mrs. Benjamin moved for adoption of Resolution No. 1984-46 entitled, A
RESOLUTION DECLARING AAUW WEEK IN LOS GATOS. Mr. Daily
seconded. Carried unanimously.
USE OF TOWN FACILITIES FOR CENTENNIAL ACTIVITIES
Mrs. Benjamin moved for adoption of amended Resolution No. 1984-47 entitled,
A RESOLUTION APPROVING TOWN FACILITIES AND PERSONNEL FOR
LOS GATOS CENTENNIAL ACTIVITIES. Mr. Carlson seconded. Carried
unanimously.
FILING FEE FOR INCORPORATION OF CENTENNIAL COMMITTEE
Mr. Carlson moved Town Council authorize the transfer of $250.00 from the
General Fund Contingency to the Council budget. (This amount is the estimated
filing fee for incorporation papers of the Centennial Committee). Mrs. Benjamin
seconded. Carried unanimously. Mr. Ventura stated for the record, depending
on the financial success of this Los Gatos Centennial, Inc., this money may be
repaid.
SUPPLEMENTAL APPROPRIATION FOR RECREATION DISTRICT
Mr. Ventura reported to Council on need to discuss the funding situation with
Recreation District in that the Town is providing financial support but has no input
as to the activities and the operation of the Recreation District. He feels it would
be advantageous to discuss this and requested the Town Manager to schedule a
meeting with the Board and Council representatives Mr. Ventura and Mrs.
Benjamin, before the 1984-85 budget process is completed. Mr. Carlson moved
Council approve a supplemental appropriation in the amount of $6,000 from
Revenue Sharing Reserve to fund the third year contribution to the Los Gatos
Saratoga Recreation District. Mr. Daily seconded. Carried unanimously.
ADJOURNMENT
Mayor Ferrito declared the meeting adjourned at 9:25 p.m.
ATTEST:
Rose E. Aldag
Town Clerk