M 06-04-84TOWN OF LOS GATOS CALIFORNIA
TOWN COUNCIL/PARKING AUTHORITY AGENDA
JUNE 4, 1984
TOWN COUNCIL
The Town Council of the Town of Los Gatos met in the Council Chambers of the
Town Hall at 7:45 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 reported on Closed Session held by Council on May 31, 1984
stating they had discussed litigation. Mayor Ferrito did not report on the Closed
Session held prior to tonight's Council meeting. This meeting will be continued
after tonight's Council meeting and will be reported on at the next meeting.
BID AWARD PROJECT 298 PLANTER BOX REPAIR - N. SANTA CRUZ
AVENUE It was noted that on May 9th, 1984 five bids were received ranging
from low bid of $9,980.37 to a high bid of $22,222.00. Engineer's estimate of the
job was $6,500.00 and the awarding of the bid had been continued to allow
further review of the bids. Staff now recommends awarding the bid to Happy
Builder's and Design based on their low bid of $9,980.37. Mr. Ventura moved to
award the contract to Happy Builder's and Design based on their low bid of
$9,980.37 for Project 298, Planter Box Repair N. Santa Cruz Avenue.
Appropriate $10,500.00 from the General Fund Appropriation Reserve to cover
the cost of the work plus approximately 5% contingencies. Mrs. Benjamin
seconded. Carried unanimously.
WRITTEN COMMUNICATIONS (referral/file)
a.Letter from St. Mary's Church regarding street closure of Lyndon Avenue
for their annual St. Mary's Country Faire on September 28th through the 30th.
Mr. Daily moved to refer to the Police Chief for report to Council on June 18,
1984. Mrs. Benjamin seconded. Carried unanimously.
b.Letter from Larry Jensen regarding posted speed limits on National
Avenue. Mr. Daily moved to refer this communication to the Police Chief and
Town Engineer for a recommendation. Mrs. Benjamin seconded. Carried
unanimously.
c.Letter from Judy Howell, Los Gatos Chamber of Commerce regarding
change of approved dates of July 20th through 22nd to July 11th through 13th
for their Sidewalk Sales Days. Mr. Daily moved to refer to Park, Forestry and
Maintenance
d.Letter from C. Yvette regarding complaint on lapse of time on police
response. Mr. Daily moved to refer this to Police for a report. Mrs. Benjamin
seconded carried unanimously.
e.Letter from O>L> Johns regarding problems at bus stop located in front of
his property at 151 N. Santa Cruz Avenue. It was consensus of Council to note
and file and refer to Town Attorney for response if deemed appropriate by the
Town Attorney.
SCHEDULE OF PUBLIC HEARINGS
Information for Council.
ESTABLISHING INTEREST RATE REIMBURSEMENT OF TOWN COSTS OF
IMPROVEMENT PROJECT
Discussion was held regarding establishing an interest rate and felt the proposed
(7) percent was not sufficient. After further discussion, it was consensus of
Council to amend the Resolution to read, "... rate of interest pursuant to Los
Gatos Town Code Section 26-36 (d) shall be ten (10%) percent per annum to be
reviewed semi-annually.". Mr. Daily moved for adoption of the amended
Resolution No. 1984-85 entitled, A RESOLUTION OF THE TOWN COUNCIL OF
THE TOWN OF LOS GATOS ESTABLISHING AN INTEREST RATE FOR
REIMBURSEMENT OF TOWN COSTS FOR IMPROVEMENT PROJECTS. Mrs.
Benjamin seconded. Carried unanimously.
CLOSURE OF E. MAIN STREET HIGH SCHOOL GRADUATION
Mr. Daily moved to accept staff recommendation and approve the Los Gatos
High School request to divert traffic from East Main Street on June 15, 1984
during the Graduation ceremony. All costs for use of Town personnel will be paid
by the Los Gatos High School. Mrs. Benjamin seconded. Carried unanimously.
COMPLAINT TREE REMOVAL OAK HILL WAY
Patrick Wait, Parks Supervisor, spoke to Council on the complaint and explained
the reasons for the removal stating the tree was in the public right-of-way.
Property owners were notified of the work that would be done in the area. Mr.
Kownacki had not been contacted in person but notice was left at his home.
After further discussion, it was Council consensus that staff be instructed to
contact Mr. Kownacki, personally and explain why the tree was removed and
work with him on a solution and report back to Council. Mr. Mora instructed to
draft response to Mr. Kownacki's letter.
FY 1984-85 PROPOSED BUDGET
Council members all received the 1984-85 proposed budget and Town Manager
stated budget hearings would be held on June 11, 12 and 13, 1984.
TRANSFER OF FUNDS FROM COMMUNITY PROGRAMS TO GENERAL
FUND RESERVE
Mr. Daily moved Council approve the transfer of $111,764 from Community
Programs (Fund 50) to General Fund Reserve (Fund 14). Mrs. Benjamin
seconded. Carried unanimously.
MASSOL AVENUE TRAFFIC PROBLEM
Mr. Ventura questioned this proposal to install 25 mph signs and felt there had
not been enough traffic counts to make comparisons since the improvements
went in. Mr. Ventura questioned this proposal to install 25 mph signs and felt
there had not been enough traffic counts to make comparisons since the
improvements went in. Mr. Van Houten spoke on the request from Mr. Jerry
Bannen regarding Massol Avenue traffic. Mr. Jerry Bannen, 114 Massol Avenue
stated that changes on Saratoga Avenue have increased Massol Avenue traffic
and that is why he has requested stop signs be installed and speed enforcement.
Further discussion was held and it was consensus of Council to hold this for two
weeks to allow for further traffic counts, a 25 mph sign be installed on block
between Bean and Nicholson and report from Police on monitoring of speeding in
this area.
APPROVAL FINAL MAP - TRACT 7589 (COLLISHAW)
As requested by staff this was withdrawn from the agenda.
R. BARROW COMPLAINT GREEN VALLEY DISPOSAL
It was consensus of Council to direct Nadine Levin, Assistant Town Manager, to
meet with Mr. Barrow and Mr. Varni to review Mr. Barrows letter of complaint and
report back to Council at their next meeting.
MONTCLAIR STORM DRAIN
Mr. Daily moved to direct staff to meet with Mr. Ladd and Mr. and Mrs. Severns
to work out mutually acceptable solutions. Mrs. Benjamin seconded. Carried
unanimously.
ORDINANCE AMENDING UNIFORM FIRE CODE OF 1982 REQUIREMENTS
Mr. Daily moved for adoption of Ordinance No. 1620 entitled, ORDINANCE
AMENDING CHAPTER 12 OF THE TOWN CODE RELATING TO THE 1982
UNIFORM FIRE CODE REQUIREMENTS FOR ADEQUATE WATER SUPPLY.
Mrs.Benjamin seconded. Carried unanimously.
COMMENDING MARYALICE LONG
Mr. Daily moved for adoption of Resolution No. 1984-86 entitled, A
RESOLUTION COMMENDING MARYALICE LONG (for her service as employee
member on the Town Retirement Board). Mrs. Benjamin seconded. Carried
unanimously.
PLANNING DEPT. MONTHLY REPORT
Informational report for Council.
COUNTY REFERRALS
Mr. Daily moved to accept staff recommendations on County Referrals as
follows:
2097-23-45-84B Thompson Road Allen Single family
building site (re-submittal) No comment.
Mrs. Benjamin seconded. Carried unanimously.
NOTICE OF COMPLETION
Mr. Daily moved to accept the Certificate of Acceptance and Notice of
Completion for Kings Court, 760 blossom Hill Road (Kingsco); authorize the
Mayor to execute and the Town Clerk to record the notice. Mrs. Benjamin
seconded. Carried unanimously.
COWELL ROAD NO. 2 ANNEXATION
Mr. Daily moved to adopt Resolution No. 1984-87 entitled, A RESOLUTION
INITIATING PROCEEDINGS FOR THE ANNEXATION OF CERTAIN
UNINHABITED TERRITORY DESIGNATED AS COWELL ROAD NO. 2 TO THE
TOWN OF LOS GATOS. Setting the hearing on the annexation for July 16, 1984
and directing mailing and publishing of notices of the hearing. Mrs. Benjamin
seconded. Carried unanimously.
LOS GATOS HIGH SCHOOL HANDICAPPED ACCESS PROJECT REPORT
Council informational report.
MINUTES MAY 21, 1984
The Town Attorney suggested correction to the minutes as follows:
Page 1. Subject, Amigos De Las Americas Program. Add to the motion,
"... part of the rationale for this allocation is for the value added to the Youth of
Los Gatos by this activity".
Page 3. Subject, Smoke Detector Form. There had been a change in the
wording on the form and therefore the minutes should state, "Mr. Daily moved to
accept the amended Smoke Detector Certification Release Form".
Mr. Ventura moved to adopt the May 21st, 1984 minutes as corrected. Mrs.
Benjamin seconded. Carried unanimously.
VACANCIES TOWN BOARDS AND COMMISSIONS
Council requested the Clerk to furnish Council with list of various Boards and
Commission vacancies with date of expiration of terms. Discussion was held
regarding interviews for student members of the Youth Advisory Commission
and it was decided interviews for the student members would not be held until
the 2nd meeting in September.
COMMUNICATIONS (for action)
a.Letter from Robert Wright regarding land use issues in the Hannah-
Scakett Twin Oaks Tract (Woodland Avenue). Mr. Ventura moved for adoption
of Resolution No. 1984-88 entitled, PARKING PROHIBITION - WOODLAND
AVENUE; advise Mr. Wright of the General Plan hearing set for July 16, 1984.
Mr. Wright should attend hearing and make any further comments at that time.
Mr. Wright spoke on his concerns at present. Mrs. Benjamin seconded. Motion
carried unanimously.
b.Letter from Yellow Checker Cab Company, Inc. requesting a rate
adjustment of fares. Mr. Ventura moved to set a public hearing for July 16, 1984
to consider the request. Mr. Carlson seconded. Carried unanimously. Mr.
Ventura suggested Town write letter to San Jose requesting them to delay any
action regarding rate adjustment until Los Gatos has held its hearing or at least
consider Los Gatos concerns.
c.Letter regarding the Northern California Freeze Voter Walkathon. Mr.
Carlson moved to approve the third Nuclear Weapons Freeze Walkathon for
Saturday, June 16, 1984. Mrs. Benjamin seconded. Carried unanimously.
Registration will begin at 9:00 a.m. at Oak Meadow Park and the walk will begin
at 10:00 a.m. The event and clean up will be completed by 1:00 p.m.
MAY 1984 PAYROLL
Mr. Ventura moved to approve the May, 1984 payroll in the amount of
$353,924.26. Mrs. Benjamin seconded. Carried unanimously.
Letter of request from Town Treasurer regarding payroll verification from
individual department, etc. Mayor Ferrito stated due to absence of the Town
Treasurer, this would be agendized for the next regular meeting.
ZONE CHANGE APPLICATION 6-LOT SUBDIV. 413 LOS GATOS
BOULEVARD
Mayor Ferrito stated this was the time and place duly published for public hearing
to consider the Planning Commission's recommendation of approval of zone
change application Z-80-13A, requesting a change in zone from R-1:8,000 to R-
1:8,000-PD in order to develop a six lot single family subdivision at 413 Los
Gatos Boulevard (Mesa). Lee Bowman gave Council a summary of what has
gone on in the studies and development. Mr. Mesa, 413 Los Gatos Boulevard,
owner of the property stated this development has been studied and reviewed by
Planning over a 2 year period, working out various problems. The development
now only consists of five lots. No one else wished to speak on this issue. Mr.
Ventura moved hearing be closed. Mrs. Benjamin seconded. Carried
unanimously. Mr. Ventura moved to make negative declaration that this project
would not have a significant impact on the environment. Mrs. Benjamin
seconded. Carried unanimously. Discussion was held on height of the buildings
and on left turns from the project. Mr. Ventura moved for amendment to the
Ordinance to add #8 under Section V, #8 to read, "At the time of Architecture and
Site approval the commission shall review the plans for each house to assure
that second story windows will be restricted to face towards the center of the
project in order to protect the privacy of the existing adjacent properties and that
the structures give the appearance (from off the site) of one-story buildings with a
steep, pitched roof, similar to some older home designs in the area". Mr. Carlson
seconded. Carried unanimously. Mr. Ventura moved to make findings that zone
change is consistent with the General Plan in that density is consistent with
General Plan designation and that traffic generation was within the acceptable
parameters of the Circulation Element. Mr. Daily seconded. Carried
unanimously. Mr. Carlson moved reading be waived for AN ORDINANCE OF
THE TOWN OF LOS GATOS AMENDING THE ZONING ORDINANCE
EFFECTING ZONE CHANGE NO.______ FROM R-1:8,000 TO R-1:8,000-PD.
Mr. Ventura seconded. Carried unanimously. Clerk read title. Mr. Ventura
moved Ordinance be introduced as amended. Mr. Daily seconded. Carried
unanimously.
HISTORICAL DESIGNATION HOERLER HOUSE 15945 CAMINO DEL CERRO
Mayor Ferrito stated this was the time and place duly published for public hearing
to consider Planning Commission recommendation regarding designation of
residence known has Hoerler House as historically or culturally significant. The
property is located at 15945 Camino del Cerro. Lee Bowman reported on
Planning Commission recommendation. No one in the audience wished to speak
on this issue. Mr. Daily moved hearing be closed. Mr. Carlson seconded.
Carried unanimously. Mrs. Benjamin moved to make findings that Ordinance is
in conformance with the purposes and standards of Chapter 4.86 of the Zoning
Ordinance and the General Plan. It is a fine example of Pennsylvania Dutch
style architecture and is a very old historical ranch house. Mr. Ventura
seconded. Carried unanimously. Mr. Daily moved reading be waived for AN
ORDINANCE OF THE TOWN OF LOS GATOS DESIGNATING THE HOERLER
HOUSE AND GARAGE AS HISTORICALLY AND CULTURALLY SIGNIFICANT.
Mrs. Benjamin seconded. Carried unanimously. Clerk read title. Mr. Ventura
moved Ordinance be introduced. Mrs. Benjamin seconded. Carried
unanimously.
AB 3908 PROHIBITION RENT CONTROL
The Town Attorney explained that AB 3908 (Papan) provides for the termination
of rent control on residential property. After some discussion Mr. Carlson moved
Council go on record opposing said AB 3908. Mr. Daily seconded. Carried
unanimously. Mayor to send letter to legislator's on Councils opposition.
NATIONAL CONVENIENCE STORES STOP'N GO MARKET- 445 LEIGH
AVENUE.
Mr. Ventura moved to adopt Resolution No. 1984-89 entitled, RESOLUTION
SETTING ASIDE THE CONDITIONAL USE PERMIT OF NATIONAL
CONVENIENCE STORES, INC. AND REMANDING THE APPLICATION FOR
CONDITIONAL USE PERMIT TO THE PLANNING COMMISSION TO
RECONSIDER THE CONDITIONS THEREOF. Mr. Carlson seconded. Carried
unanimously.
REMOVAl of tree bayview avenue & pennsylvania
Mr. Ventura spoke of his concerns of losing a prominent tree. After further
discussion, Mrs. Benjamin moved to accept staff recommendation and pave the
opening in the street where the tree formerly existed and direct the Director of
Parks, Forestry and Maintenance Service to check on the possibility of planting
another tree in a suitable place in that area. Mr. Ventura seconded. Carried
unanimously.
COST SHARING AGREEMENT S. BASCOM AND SAMARITAN DRIVE
Mr. Ventura moved for adoption of Resolution No. 1984-90 entitled,
RESOLUTION APPROVING THE COST SHARING AGREEMENT BETWEEN
THE TOWN AND THE CITY OF SAN JOSE FOR MODIFICATIONS OF THE
TRAFFIC SIGNALS AT SOUTH BASCOM AVENUE AND SAMARITAN WAY;
authorize the Mayor to sign on behalf of the Town. Mrs. Benjamin seconded.
Carried unanimously.
CONTRACT FOR LIFE & LONG-TERM DISABILITY INSURANCE CANADA
LIFE ASSURANCE COMPANY
Mr. Daily moved for adoption of Resolution No. 1984-91 entitled, A
RESOLUTION AUTHORIZING EXECUTION OF CONTRACT WITH CANADA
LIFE INSURANCE COMPANY FOR PROVISION OF LIFE AND LONG-TERM
DISABILITY INSURANCE, and make the finding that in accordance with the
Town Code, Chapter 23, Section 6, that due to the uniqueness of purchasing
insurance it is more advantageous to the Town to purchase by negotiated bid.
Mrs. Benjamin seconded. Carried unanimously.
LOS GATOS SPHERE OF INFLUENCE
Staff gave summary and discussion was held on report on the Los Gatos Sphere
of Influence. Mr. Ventura moved to indicate to LAFCO that the Town has
reviewed the draft and finds that it is acceptable. Mrs. Benjamin seconded.
Carried unanimously.
PROPERTY ACQUISITION FOR DOWNTOWN PARKING
Frank Howell, from the Chamber of Commerce Committee, spoke on the need
for parking in the East Main Street area. Discussion was held on land that the
Town has already purchased for parking purposes and nothing has been done
with it. After further discussion, Mr. Carlson moved to take staff recommendation
and not purchase any further property for parking at this time. Mr. Ventura
seconded. Carried unanimously.
LIBRARY BOARD TRUST FUND
Discussion was held on the request of the Library Board requesting that interest
accrued on money in the Library Trust Fund be deposited to the Library Trust
Fund. The Town Manager stated he recommends against this request based on
the potential precedent such action would set and the cost of administering this
activity. After further discussion, Mr. Ventura moved Council deny the request.
Mr. Carlson seconded. Carried unanimously.
TENTH YEAR CDBG ALLOCATION
Russell Louthian, Chairman of Community Service Commission, stated he was
present to answer questions. Jill Cody answered questions regarding impact this
request would have on Youth employment. After discussion, Mrs. Benjamin
moved to approve the decrease of $10,000 in the Town's Tenth Year
discretionary CDBG funds by deleting the Youth Employment Program ($6,000)
from the HCDA program and by decreasing $4,000 from Community Housing
Developers, Inc. allocation for a senior citizen group home. Mr. Carlson
seconded. Carried by vote of four ayes. Mr. Ventura voting no.
TOWN COMMISSION VACANCIES
Russell Louthian Community Service Commissions spoke on their request to
have Council adopt a policy making it mandatory that individuals serve on other
Town commissions before serving on the Planning Commission. After general
discussion, Mr. Carlson moved Council instruct staff to change the Commission
Application form to include question concerning participation on various
Commission/Board or Committee. Mr. Daily seconded. Carried by a vote of four
ayes. Mayor Ferrito voting no.
REQUEST FOR AMENDMENT TO COUNCIL AGENDA FORMAT
Mr. Russell Louthian requested that Commission reports be brought forward on
the agenda. Discussion was held as to where these reports can be heard. The
Town Manager stated no other issue should be set before Public Hearings. Mrs.
Benjamin moved agenda format be changed and Commission Reports follow the
Office of Town Clerk and (as suggested by Mr. Daily) this be on a 90 day trial
basis. Mr. Daily seconded. Carried by a vote of four ayes. Mayor Ferrito voting
no.
SB 2107
It was consensus of Council to note and file and direct staff to monitor this Bill for
amendments.
SB 3838
Mayor Ferrito stated this bill relates to forest practices and would allow County to
appeal an approval of the timber harvesting plan which they cannot do now. Mr.
Ventura moved to go on record in support of SB 3838. Mr. Carlson seconded.
Carried unanimously.
AUDITOR SELECTION
The Town Manager referred to report of Council sub-committee of Mrs. Benjamin
and Mr. Carlson with their recommendation to select Main Hurdman as auditors
for fiscal year 1983-84 and retaining the option of extending the agreement twice
for periods of one year each to cover services for FY 1984-85 and FY 1985-86.
Mr. Carlson moved for adoption of Resolution No. 1984-92 entitled, A
RESOLUTION AUTHORIZING NEGOTIATION AND EXECUTION OF AN
AGREEMENT BETWEEN THE TOWN OF LOS GATOS AND MAIN HURDMAN
FOR AUDITING SERVICES. Mrs. Benjamin seconded. Carried unanimously.
ENGINEER REPORT REGARDING ROUTE 85
Mr. Ventura spoke on information report from Town Engineer, looking at the
complete high speed interchange at 85 and 17, whether this is an expressway or
freeway? He spoke of on and off ramp pattern at Winchester and Lark Avenue
which is such that the Town will basically end up with as much traffic as it has
now. After further discussion, Mr. Ventura moved that Mayor be directed to write
letter to Caltrans informing them of the high speed that the on and off ramp
design is unacceptable and want a redesign of junctions at Winchester Boulevard
and 85 and Lark Avenue and 85. Mr. Carlson seconded. Carried unanimously.
ADJOURNMENT
Mr. Ventura moved meeting be adjourned at 9:45 p.m. Mr. Carlson seconded.
Carried unanimously. It was noted Council will reconvene in Closed Session
following the meeting. Report on this meeting will be given at the next Council
meeting.
ATTEST:
Rose E. Aldag
Town Clerk