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M 05-21-84TOWN OF LOS GATOS CALIFORNIA TOWN COUNCIL/PARKING AUTHORITY AGENDA MAY 21, 1984 TOWN COUNCIL The Town Council of the Town of Los Gatos met in the Council Chambers of the Town Hall at 8:00 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. PRESENTATION Mayor Ferrito presented Resolution of Commendation to Kelly Kelbo of the Youth Science Institute for her outstanding service to the Community. AMIGOS DE LAS AMERICAS PROGRAM Letter from Raja Chatterjee requesting monetary contribution to the Amigos de las Americas program. Youth Advisory Commissioners Schmidt, Warren and Nunez spoke to this issue stating they are recommending that the Council not contribute to the program due to the precedent it would set. They support the project and reason for this recommendation is the Youth Advisory Commission has a limited amount of funds and feel the need to use the funds here in their own area. After some discussion, Mr. Daily stated he felt the merits of the project are outstanding and feels Raja Chatterjee deserves recognition and moved to appropriate $150.00 for said Amigos de las Americas project part of the rationale for this allocation is for the value added to the Youth of Los Gatos by this activity. This money to come from the Revenue Sharing Trust Fund and not the Youth Advisory Commission fund. Mr. Carlson seconded. Carried by a vote of four ayes. Mrs. Benjamin abstained. She is opposed to funding one non-profit agency vs. all other agencies that might come before Council. YOUTH QUESTIONNAIRE Discussion was held on the Youth Advisory Commission's Teen Questionnaire. Council questioned how the questionnaire's would be circulated. Youth Commissioner Schmidt explained the questionnaires would be distributed to various school offices and then handed out to the students. Discussion was held on the form and Council recommended some changes. After further discussion, Mr. Daily moved to approve the questionnaire in concept. Mrs. Benjamin seconded. Carried unanimously. APPOINTMENT COUNCIL ON AGING Mayor Ferrito stated an application for the vacancy as Representative on Advisory Council to the Council on Aging in Santa Clara County had been received from Sally Janic. Mrs. Benjamin moved that Sally Janic be appointed to the Council on Aging. Mr. Carlson seconded. Carried unanimously. CLOSED SESSION REPORT Mayor Ferrito stated Council had met in Closed Session prior to the Council meeting and discussed pending litigation and labor relations. BID AWARD PROJECT 298 PLANTER BOX REPAIRS Staff reported five bids had been received ranging from low bid of $9,980.37 to a high of $22,222.00. Staff had estimated a cost of $6,500 for said work and are recommending that the contract not be awarded to permit further review of the bids. After some discussion, Mr. Ventura moved to continue this matter to the meeting of June 4, 1984 to allow time for review of the bids. Mr. Daily seconded. Carried unanimously. BID AWARD - PROJECT 296 HCDA WHEELCHAIR RAMP PHASE IV Staff reported that six bids had been received ranging from low bid of $15,225.00 to a high bid of $22,545.00. There is only $12,000.00 in the CDBG Account for this project, staff is recommending reduction of the cost of project by reducing the number of curb cuts. This would eliminate curb cuts in the area of Wheeler Avenue, Stacia Street and Loma Alta Avenue. Discussion was held on this recommendation and the possible use of money earmarked for the Los Gatos High School handicap access. After some discussion, Mr. Daily moved to award the bid in its entirety to Cunningham & Sons, Inc. in the amount of $15,225.00 (this will include the full project); authorize the Mayor to sign the contract on behalf of the Town and approve a supplemental appropriation in the amount of $3,225.00 from Revenue Sharing Trust Fund for the completion of this project. Mrs. Benjamin seconded. Carried unanimously. COMMUNICATIONS (referral/file) a.Letter from Judy Parker regarding traffic issues in the vicinity of Fisher Junior High School. Mr. Daily moved this communication be filed for consideration with budget discussions in June, and Ms. Peckler to be advised of budget hearing dates with a letter clearly explaining what will be done. Mrs. Benjamin seconded. Carried unanimously. b.Letter from Jack Parson of the Photographic Guild requesting Council participation at the awards presentation to the outstanding Junior Photographer. This event will be held at 7:30 p.m., Friday, June 8, 1984 at the larger gymnasium of Los Gatos High School. Mr. Daily moved Mayor respond to this communication. Mrs. Benjamin seconded. Carried unanimously. c.Letter from Rolf Bondelie regarding contract between the Town and Green Valley Disposal and why there isn't unlimited pickup. Mr. Daily moved this be referred to the Town Manager for response with copy to the Council. Mrs. Benjamin seconded. Carried unanimously. d.Letter from Jerry Bannon regarding Massol Avenue Traffic. Mr. Daily moved to refer this communication to Town Engineer for report back to Council at the June 4, 1984 meeting. Mrs. Benjamin seconded. Carried unanimously. e.Letter from Ted Simonson, Principal of the Los Gatos High School, requesting traffic be rerouted during the graduation ceremonies to be held on Friday, June 15, 1984, at 6:00 p.m. Mr. Daily moved communication be referred to the Police Department for report and recommendation at the June 4, 1984 Council meeting. Mrs. Benjamin seconded. Carried unanimously. f.Letter from Public Utilities Commission regarding Local Government Revenues from Utility Services. Consensus of Council to note and file. g.Letter from Santa Clara Valley Water District regarding State Water Legislation. Mr. Ventura moved Council go on record opposing the series of Bills the Government has before the legislature for the Peripheral Canal alternative until such time as water quality standards are guaranteed for the Delta, San Francisco Bay and environmental standards are established for wild life. Also guarantee protection of the North Coast River. This action to be sent to Representatives in Sacramento and representatives in the neighboring districts. Mr. Carlson seconded. Carried unanimously. h.Letter from Saratoga Mayor D. Moyles regarding 1/2 cent sales tax to finance highway improvements. This to be held and discussed with item 35, SB 2117. i.Letter from Chamber of Commerce regarding Downtown Parking and acquisition of Property. Mr. Daily moved this be referred to staff for report at the meeting of June 4, 1984. Mrs. Benjamin seconded. Carried unanimously. j.Letter from H. Betzold regarding Harry's University Bicycle Shop, requesting permission to place signs in Oak Meadow Park regarding bicycle rentals. Mr. Daily moved this be referred to the Parks Commission for recommendation. Mrs. Benjamin seconded. Carried unanimously. SCHEDULE OF HEARINGS Information for Council. COUNTY REFERRALS Mr. Daily moved to accept staff recommendation on the following: 2080-35-50-84DR-84G N. of Arnich Rd. Westfall Eng. Preliminary grading permit No comment. Discussion was held on the no comment recommendation and Council stated Town should notify County that grading permits should be issued at time they approve the design. Mrs. Benjamin seconded. Carried unanimously. OPEN SPACE DEDICATION Mr. Daily moved for adoption of Resolution No. 1984-79 entitled, A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS CONCERNING OPEN SPACE DEDICATIONS. Mrs. Benjamin seconded. Carried unanimously. YOUTH SCIENCE INSTITUTE 10K RACE Mr. Daily moved for approval of request to hold a 10-Kilometer run on September 16, 1984. This approval is contingent upon Police Department approval of final plans and any cost for use of Town personnel to be paid by the organization. Mrs. Benjamin seconded. Carried unanimously. SAN BENITO/ANDREWS STREET REPORT Information for Council. NOTICE OF COMPLETION Notice of Completion and Certificate of Acceptance for Los Gatos Village Square, 15466 Los Gatos Boulevard and Saratoga Avenue Improvements - Project 283. Withdrawn from the agenda. TREE REMOVAL OAK HILL WAY Mr. Carlson moved staff be directed to plant a tree in a suitable location within public right of way at 21 Oak Hill Way and if Town finds property owner was not properly notified of the tree removal a letter of apology should be sent immediately Mr. Daily seconded. Unanimously carried. Staff to report back regarding this matter at the next meeting of June 4, 1984. PUBLIC WORKS WEEK Mr. Daily moved for adoption of Resolution No. 1984-80 entitled, A RESOLUTION OF THE TOWN OF LOS GATOS PROCLAIMING NATIONAL PUBLIC WORKS WEEK MAY 20TH THROUGH MAY 26, 1984. Mrs. Benjamin seconded. Carried unanimously. PROHIBITING PARKING - EAST SIDE OF JACKSON STREET Mr. Daily moved for adoption of Resolution No. 1984-81 entitled, PARKING PROHIBITION - EAST SIDE OF JACKSON STREET SOUTH OF EAST MAIN STREET. Mrs. Benjamin seconded. Carried unanimously. SMOKE DETECTOR ERTIFICATION RELEASE FORM Mr. Daily moved to accept the amended Smoke Detector Certification Release Form as developed by the Los Gatos-Saratoga Board of Realtors and Community Services. Mrs. Benjamin seconded. Carried unanimously. AMENDMENT LOS GATOS HILLSIDE SPECIFIC PLAN Mr. Daily moved for adoption of Resolution No. 1984-82 entitled, RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS CONCERNING AMENDMENTS TO THE EXISTING ADOPTED LOS GATOS HILLSIDE SPECIFIC PLAN WHICH IS PART OF THE LOS GATOS GENERAL PLAN. Mrs. Benjamin seconded. Carried unanimously. AMENDMENT ZONING ORDINANCE RE PROTECTION OF TREES ON PRIVATE PROPERTY Mr. Daily moved for adoption of Ordinance No. 1617 entitled, ORDINANCE AMENDING THE ZONING ORDINANCE OF THE TOWN OF LOS GATOS RELATING TO THE PROTECTION OF TREES ON PRIVATE PROPERTY AND TO THE RESPECTIVE DUTIES OF THE PLANNING DIRECTOR AND THE DIRECTOR OF PARKS, FORESTRY AND MAINTENANCE SERVICES THEREUNDER, RETITLEMENT OF SUPERINTENDENT OF PARKS AND FORESTRY; AND DEFINITION OF "ZONING APPROVAL". Mrs. Benjamin seconded. Carried unanimously. APPEAL SUBDIVISION 586 UNIVERSITY AVENUE Mr. Daily moved for adoption of Resolution No. 1984-83 entitled, RESOLUTION DENYING APPEAL FROM PLANNING COMMISSION APPROVAL OF SUBDIVISION APPLICATION (586 University Avenue - Nelson Moles Developments, Inc.). Mrs. Benjamin seconded. Carried unanimously. MINUTES MAY 7, 1984 Mr. Ventura requested correction of minutes as follows: Page 5. Subject, Hillside Specific Plan. Minutes to reflect issues he raised regarding implementation statement that would minimize extension of new roads into hillside and techniques that will encourage clustering of dwelling units, etc. This correction to be inserted after the sentence, "Discussion was held on sub-area 1 and 2 and are still under study...". Complete wording given to Clerk from Mr. Ventura. Page 5. Subject, Appeal subdivision 586 University Avenue. Minutes to reflect that Mr. Nelson, developer of project stated he intended to sell these units at a price certain. Mr. Carlson requested correction of minutes as follows: Page 6. Subject, Subdivision Appeal 586 University Avenue. Change wording of line "Also speaking on this issue were...". Page 9. Subject, Light Rail West Valley Corridor. Change to read,".. that Council has continually supported the light rail line in the West Valley Corridor and will in the future.". Mr. Ventura moved minutes be approved as corrected. Mr. Carlson seconded. Carried unanimously. COMMUNICATIONS (for action) a.Letter from Wylie, Blunt, McBride & Jesinger, a Law Corporation, representing Firefighters Local 1165 regarding a proposed change in the Los Gatos Town Retirement Plan. Hold for discussion with item 27 regarding Town Retirement Plan. b.Letter from Maryalice Long resigning as a member of the Los Gatos Retirement Board. Mr. Ventura moved to accept resignation with regret and Clerk to prepare appropriate Resolution of Commendation for Ms. Long. Mrs. Benjamin seconded. Carried unanimously. c.Letter from John M. Steward requesting the Town to initiate annexation proceedings for Guadalupe College. Information for Council. APRIL 1984 PAYROLL Mr. Carlson moved for approval of the April 1984 payroll in the amount of $224,183.13. Mrs. Benjamin seconded. Carried unanimously. APRIL 1984 WARRANT DEMANDS Discussion was held on the approval of payroll and warrant demands and requested Clerk and Treasurer to comment on any payments they might question. Mrs. Benjamin moved for approval of the April 1984 Warrant Demands. Mr. Daily seconded. Carried unanimously. FINANCIAL STATEMENT FOR APRIL 1984 Mrs. Benjamin moved to accept the Financial Statements for April, 1984. Mr. Carlson seconded. Carried unanimously. TREASURER'S REPORT FOR APRIL 1984 Mr. Carlson moved to accept the Treasurer's report for the month of April 1984 and requested that Treasurer note all internal transfers and point out any items he feels Council should be aware of. EXTENSION OF URGENCY INTERIM ZONING ORDINANCE RE HAZARDOUS MATERIALS ORDINANCE Mayor Ferrito stated this was the time and place duly published for public hearing to consider the extension of Urgency Interim Zoning Ordinance regarding Storage of Hazardous Materials. Mayor Ferrito asked if anyone wished to speak on this issue? No one responded and Mr. Daily moved hearing be closed. Mr. Ventura seconded. CArried unanimously. Mr. Carlson moved for adoption of Ordinance No. 1618 entitled, URGENCY ORDINANCE EXTENDING URGENCY INTERIM ZONING ORDINANCE ESTABLISHING A ZONING APPROVAL FOR THE STORAGE OF HAZARDOUS MATERIALS UNTIL APRIL 15, 1985. Mrs. Benjamin seconded. Carried unanimously. VERBAL COMMUNICATIONS Kurt B. Anslinger, representing the Los Gatos Rowing Club, referred to the U.S. Rowing Association Men's Nationals being held at Lexington Reservoir July 12th through 15th, 1984 and requested permission for spectators to use all of the Town's public parking facilities during the days of the regatta. Council requested information as to just how many parking spaces would be needed. Council instructed Mr. Anslinger to give all information on their request to staff and staff to report back at the next regular meeting. Cliff Peterson, 16290 Oleander, requested the Town to allow him to post a bond for slide repair on Wooded View Drive so he could get his occupancy permit to move into his home on Wooded View Drive. Mr. Van Houten reported to Council on what needs to be done regarding slide area. After further discussion Council directed the Town Attorney and Engineer to meet with Mr. Peterson and negotiate a contract to the satisfaction of all concerned, which would guarantee that all conditions are met and all work is done which would allow Mr. Peterson to occupy his home on Wooded View Drive. CABLE VISION COMMUNITY ACCESS FRANCHISE FEE The Town Manager reported that this item has been removed from the agenda and that a satisfactory agreement has been reached with Hearst Corporation. 1982 FIRE CODES Mr. Ventura moved reading be waived for ORDINANCE AMENDING CHAPTER 12 OF THE TOWN CODE RELATING TO THE 1982 UNIFORM FIRE CODE REQUIREMENTS FOR ADEQUATE WATER SUPPLY. Mr. Carlson seconded. Carried by a vote of four ayes. Mrs. Benjamin was absent. Clerk read title. Mr. Daily moved for introduction of Ordinance. Mr. Ventura seconded. Carried by a vote of four ayes. Mrs. Benjamin was absent. ADMINISTRATION EXPENSES - TOWN RETIREMENT PLAN The Town Manager referred to letter from law firm of Wylie, Blunt, McBride & Jesinger representing Firefighters Local 1165 expressing their concerns regarding any proposed change in the old Los Gatos Retirement Plan and letter from Bruce Baker, TEA President, asking that this Ordinance not be adopted without first providing an alternate retirement plan for all affected TEA employees. The Town Manager then spoke on proposed ordinance and the reason for said change. Mr. Roessler, Attorney representing Town employees Mr. Estruth and Mr. Wolfinger, spoke against the proposed change and the unfairness of charging each employee in the Plan $500.00 annually. Also speaking in opposition of said proposal were Lydia Muzeck, Town employee and Dan Barker, former Town employee. Discussion was held on whether employees could transfer into PERS (Public Employees Retirement System). The Town Manager stated there would be a significant cost to the Town and is awaiting information from PERS. The Town Attorney to request an evaluation regarding former employees being transferred into PERS and the cost. This evaluation will not be received for another six to eight weeks. The Mayor stated the Town is looking into other options and alternatives for the current employees of the Town. Gary Wolfinger, Town employee, requested Council to delay the adoption of said Ordinance until information from PERS has been received. After further discussion, Mr. Ventura moved to amend the proposed ordinance by placing a cap on the cost of administration fees. Motion dies for lack of second. Mr. Carlson moved for adoption of Ordinance No. 1619 entitled, AN ORDINANCE AMENDING CHAPTER 20 OF THE TOWN CODE RELATING TO CONTRIBUTIONS TO THE TOWN RETIREMENT PLAN AND THE DETERMINATION AND THE PAYMENT OF ADMINISTRATIVE COSTS. Mrs. Benjamin seconded. Carried by a vote of four ayes. Mr. Ventura voted no. NEEDS ASSESSMENT DONATION TO MASS COMMUNICATIONS SCHOLARSHIP Mrs. Benjamin moved to accept Cultural Resource Commission recommendation and approve appropriation of $100.00 from the Cultural Resource Commission FY 1983-84 budget to the Department of Journalism and Mass Communication's Scholarship Fund at San Jose State University. Mr. Ventura seconded. Carried unanimously. June Fromm, member of the Cultural Resource Commission spoke on the issue stating Cultural Resource Commission wished to make this award to the fund to demonstrate their appreciation of the services donated by the University and the students. LIBRARY TRUST FUND John Schmuck, Town Librarian, read letter from Blanche Penn, Chairman of the Los Gatos Memorial Library Board requesting that all donations to the Library Trust Fund be placed in separate fund so interest accrued would also go into said fund instead of just the General Fund. Letter submitted to Town Clerk and referred to Town Manager for report back to Council at the next meeting. LOS GATOS SARATOGA COMMUNITY RECREATION DISTRICT Mr. Ventura gave verbal sub-committee report on meeting with Mr. Goldberg stating they had discussed the fact that currently the Town is not represented on the Board of Directors of the Recreation District even though the Town is providing a direct contribution to the District. In discussing this Mr. Goldberg agreed to agendize this for the June meeting of the Board of Directors and discuss the possibility of a Council member being appointed to set on the Board of Directors. SB 2117 Discussion was held on the proposed 1/2 cent sales tax for highway improvements. Speaking on the issue was Richard Gaines who suggested Council oppose the proposed legislation. After discussion, Mr. Carlson moved to take recommended action stating Town's concerns as follows: 1. The proposed Authority is not at all representative of the Santa Clara County population; the Authority is in fact weighted heavily in favor of the City of San Jose and the County Board of Supervisors without adequate representation from the County's municipalities. 2. The proposed legislation does not include a list of specific projects to be undertaken: such a list is imperative to assure that any revenue generated would be used only for specific activities. 3. The legislation as currently drafted is open-ended and could result in the additional 1/2 cent sales tax being paid in perpetuity. 4. A sales tax is not a user tax. Thus, County residents will be taxed to pay for commute problems being caused by non-County residents. In addition, many County taxpayers will not benefit from the projects. 5. There is no recognition of mass transit alternatives in the legislation. 6. The proposed development of Route 85 and the expansions and improvements to Route 237 and Highway 101 that have been discussed are not at all tied to land use considerations: building and widening freeways is not a real solution to commute problems. The governing issue behind any road decisions should be land use considerations. 7. These types of road expenditures have been traditionally funded by the State and should continue to be funded by the State and not local communities. Santa Clara County taxpayers have already been taxed for highways. The State should now provide the financing, if it is needed, rather than ask local taxpayers to impose an additional tax upon themselves. 8. County residents are already paying an additional 1/2-cent sales tax for transit, which tax is the highest sales tax rate in the State of California. 9. All municipalities must have an opportunity to review and comment on the expenditures plans of the Authority. 10. It is the Town's understanding that a high-speed interchange is currently being proposed for the Route 17/Route 85 interchange. The amount of land (150 acres) that would be needed for that interchange and the proposed structure is totally inconsistent with Town land use policies. Mayor to send letters of concern to all Legislators and Mayors in the County. Mr. Daily seconded. Carried unanimously. AB 2377 - ASBESTOS CLEANUP Mr. Daily moved for adoption of Resolution No. 1984-84 entitled, A RESOLUTION RELATING TO ASBESTOS IN SCHOOLS. Mr. Carlson seconded. Carried unanimously. ADJOURNMENT Mayor declared meeting adjourned at 10:30 p.m. It was also noted Council was going into Closed Session and any action would be reported at the next meeting. ATTEST: Rose E. Aldag Town Clerk