M 01-03-84TOWN OF LOS GATOS CALIFORNIA
TOWN COUNCIL/PARKING AUTHORITY AGENDA
JANUARY 3, 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.
EXECUTIVE SESSION
Mayor Ferrito announced that no Executive Session was held prior to the Council
meeting.
PRESENTATION
Mayor Ferrito presented Vern Bowen, (Building Inspector retiree) with a plaque
for outstanding service to the Town and the Community.
APPOINTMENTS COMMUNITY Services AND DEVELOPMENT
COMMISSION
It was noted that there are three vacancies on the Community Services and
Development Commission and applications for the vacancies were received from
Eugene Westphalen, Catherine Little, Harry J. Spence. None of the applicants
were present for interviews. After some discussion, Mr. Ventura moved for
appointment of the three applicants. Mr. Daily seconded. Mr. Carlson
questioned the appointments of all three applicants due to lack of interviews. Mr.
Ventura withdrew his motion and Mr. Daily withdrew his second. Mr. Carlson
moved to reappoint the two incumbents, Mr. Westphalen and Ms. Little and notify
Mr. Spence of Council procedures regarding interviews prior to appointments.
Mrs. Benjamin seconded. Carried unanimously.
ADDED AGENDA ITEM
It was consensus of Council to add agenda item 2(j). Letter from Dennis
Chambers, regarding operation of Walgreens at 444 N. Santa Cruz Avenue.
BID AWARD PROJECT 288-PF BOCCI BALL COURT IMPROVEMENTS
Mr. Carlson moved to accept staff recommendation and award the bid for the
Bocci Ball Court Improvement to New Construction based on their bid of
$31,539.78, and appropriate $33,000.00, from the Park tax Override Fund. The
figure of $33,000.00, was confirmed by the Town Manager. Mrs. Benjamin
seconded. Carried unanimously.
COMMUNICATIONS (referral/file)
Discussion was held regarding responses to communications. Mayor Ferrito
stated as policy, beginning now, to have staff acknowledge receipt of letters and
then to notify each as to action taken by Council. Mrs. Benjamin moved to
approve staff recommendation on the following and staff notify all as to action
taken.
a-c Letter from Dick Wichman, Mrs. H. Black and Mrs. J. Freeman regarding
the San Benito/Andrews traffic diverters. Note and file.
d.Letter from D. Faries regarding Hearst Cablevision. Staff to respond.
e.Letter from Mrs. Thrift regarding Preferential Parking. Mr. Carlson wishes
response to this letter.
f.Letter from Norman DeChauron regarding proposed art show. Refer to
Cultural Resource Commission for report and recommendation to Council
February 6, 1984.
g.Letter from Mrs. David Doran regarding Hearst Cablevision policy on
VCR's. Refer to Town Attorney for report to Council 1/16/84.
h.Letter from W. Leslie Pelio regarding zoning at 16673 Lark Avenue. File
for consideration during General Plan Study Session.
i.Letter from Robert Cowan regarding CSDC reappointment. Refer to staff
for drafting of appropriate Resolution of Appreciation.
j.Letter from Dennis Chamber, voicing his support for the operation of a
Walgreens retail operation at 444 N. Santa Cruz Avenue. Refer to Planning
Commission.
Mr. Daily seconded. Carried unanimously.
PUBLIC HEARING SCHEDULE
Council information.
NEEDS ASSESSMENT 1983
Informational report for Council.
HEARST CABLEVISION IMPROVEMENT PLAN
Mr. Gene Musselman, Executive Vice-President of Hearst Cablevision,
addressed the Council on reason for seeking approval of proposed signal
improvement plan as outlined. He stated this is due to meeting technical
provision of Franchise agreement. Discussion was held as to whether further
information is needed. Mr. Ventura moved this be continued for two weeks.
Motion died for lack of second. Mrs. Benjamin moved to accept the proposed
signal improvement plan. Mr. Carlson seconded. Carried by a vote of four ayes.
Mr. Ventura voting no.
MAGNESON NO. 4 ANNEXATION
Mrs. Benjamin moved to accept staff recommendation and authorize staff to
advise LAFCO as follows:
1.The Town has written to all non-consenting property owners urging them
to consent to the proposed annexation.
2.The Town will not risk the possibility of an election in this area.
3.The Town will not enter into an agreement to sere the remaining
unincorporation parcels. Mr. Daily seconded. Carried unanimously.
NOTICE OF COMPLETION
Mrs. Benjamin moved Council approve the Certificate of Acceptance and Notice
of Completion for Project 265-GF, Santa Cruz Avenue/Main Street and University
Avenue signal modification. Mr. Daily seconded. Carried unanimously.
BLOSSOM HILL NO. 18 ANNEXATION
Mrs. Benjamin moved for adoption of Resolution No. 1984-1, entitled, A
RESOLUTION APPROVING THE ANNEXATION OF CERTAIN UNINHABITED
TERRITORY DESIGNATED AS BLOSSOM HILL NO. 18 TO THE TOWN OF
LOS GATOS. Mr. Daily seconded. Carried unanimously.
PROJECT 292 TRAFFIC SIGNAL IMPROVEMENTS AT LARK AVENUE &
hIGHWAY 17
Discussion was held regarding earlier request for crosswalk in this area. Mrs.
Benjamin moved to accept staff recommendation and approve the concept plan
and direct staff to proceed with final plans and specifications. Mr. Daily
seconded. Carried unanimously.
AMERICAN RED CROSS AGREEMENT
Mrs. Benjamin moved for adoption of Resolution No. 1984-2, entitled, A
RESOLUTION APPROVING A MEMORANDUM OF UNDERSTANDING
BETWEEN THE TOWN OF LOS GATOS AND THE AMERICAN RED CROSS,
SANTA CLARA VALLEY CHAPTER. Mr. Daily seconded. Carried unanimously.
1984 COUNCIL MEETING SCHEDULE
Information for Council.
PLANNING MONTHLY REPORT
Mrs.Benjamin moved to accept Planning Department/Planning Commission
monthly report
for January, 1984. Mr. Daily seconded. Carried unanimously.
COUNTY REFERRAL
Mrs. Benjamin moved to accept staff recommendation as follows:
1871-33-44-833CC-83B-83G 16420 Soda Spring Road
Shoemaker-Prelim. Grading As application does not define the proposed
grading, Town recommends the application be denied and the applicant be
directed to fully describe the proposal.
Mr. Daily seconded. Carried unanimously.
FEDERAL CABLE LEGISLATION HR 4103
Mrs. Benjamin moved that Council formally oppose HR 4103 and communicate
that opposition to area legislators. Letters be sent to both Congressmen Mineta
and Edwards, as suggested by Mayor Ferrito. Mr. Daily seconded. Carried
unanimously.
COMMUNITY PROGRAMS TRANSFER
Mrs. Benjamin moved to accept staff recommendation and approve the
intradepartment transfer of $3,000.00, from the Housing Stock Survey Program
to the Job Search Program. Mr. Daily seconded. Carried unanimously.
HOUSING ASSISTANCE PLAN
Mrs. Benjamin moved the Council approve the October, 1982 to September,
1985, Housing assistance Plan for submittal to the County to be forwarded to the
U.S. Department of Housing and Urban Development. Mr. Daily seconded.
Carried unanimously.
NAME CHANGE FOR COMMUNITY PROGRAMS DEPARTMENT
Mrs. Benjamin moved to approve the request from the Community service and
Development Commission to change the name of their Commission to
Community Services Commission and change the name of the Community
Programs Department to Community Services Department. Mr. Daily seconded.
Carried unanimously.
MINUTES APPROVED
Mrs. Benjamin moved minutes of December 5, 1983, be approved as corrected.
Mr. Carlson seconded. Carried unanimously.
Mrs. Benjamin moved for approval of December 12, 1983, minutes as submitted.
Mr. Carlson seconded. Carried unanimously.
COMMUNICATIONS (for action)
a.Alcoholic Beverage License application for 15950 Los Gatos Boulevard.
Planning Director noted correspondence has been sent to this applicant telling
them of the Town's requirements and until these requirements are met the ABC
Board has been notified to hold up their application. No action taken.
Informational for Council.
b.Alcoholic Beverage License application for 430 N. Santa Cruz Avenue.
Planning Director stated the same correspondence had been sent to this
applicant but ABC Board had later informed him that if this business goes in prior
to February these conditions are not required and application will be processed.
No action taken. Informational for Council.
c.Letter from E. Gary Schloh regarding Wilson gate off aztec Road. Mrs.
Benjamin moved to authorize the Town Engineer to issue a Revocable Permit for
the Wilson gate, subject to any conditions of Architecture and Site approval and
the requirements of the Police and Fire Departments. Mr. Carlson seconded.
Carried unanimously.
d.PG&E Rate Revision Application 83-12-03 was received. Mr. Ventura
moved that Council take no position on the application. Mrs. Benjamin
seconded. Carried unanimously.
e.K2 Corporation correspondence regarding Gem Convalescent Hospital.
Mr. Ventura moved Council direct staff to prepare a policy statement on issuance
of Industrial Development Bonds (IDB) for Council review at the meeting of
February 6, 1984. Mrs. Benjamin seconded. Carried unanimously.
f.Letter of resignation from Sister City Committee from R.J. Cooney. Mr.
Ventura moved resignation be accepted with regret and the appropriate
Resolution of Appreciation be prepared and staff be authorized to advertise the
vacancy on the Sister City Committee. Mrs. Benjamin seconded. Carried
unanimously.
g.Letter from Christopher Menkin regarding "NO PARKING" sign on Wood
road. Mr. Daily moved for adoption of Resolution No. 1984-3 entitled, PARKING
PROHIBITION - WOOD ROAD. Mr. Ventura seconded. Carried unanimously.
h.Letter from Corinthian Coach Limousine service requesting permission to
conduct such business in the Town of Los Gatos. Mrs. Benjamin moved Council
schedule a public hearing for February 6, 1984, to consider the application for a
Certificate of Public Convenience and Necessity. (This is required by Section 29-
23 of the Town Code). Mr. Carlson seconded. Carried unanimously.
i.Communication from City of Monte Sereno regarding traffic improvements
in the andrews Street area. Betty Jones, 120 Olive Street, presented a petition to
Council signed by 70 residents requesting Council to not relocate or place any
barricades on San Benito Avenue, especially not at Olive Street and San Benito
Avenue. Mrs. Black, 115 Fancher Court, also spoke on this issue and favored
the comments of Mrs. Jones. Mr. Don Wimberly, City Administrator and
Engineer of the City of Monte Sereno. Discussion was held on moving of the
diverters on San Benito and the Monte sereno proposal, placement of stop sign
at every intersection on San Benito Avenue. Mrs. Benjamin moved to accept
Monte Sereno's proposal and Council reaffirm their decisions of the December 5,
1983, meeting with the exception that the San Benito/Olive Street Diverter be
moved on San Benito South of Thurston Avenue and after ninety day period this
matter be set for a public hearing. Mr. Carlson seconded. Carried unanimously.
The Town Manager stated hearing would be scheduled for the April 16, 1984,
meeting.
PROPOSED PARKING FEES AT OAK MEADOW PARK
Mrs. Benjamin moved Council accept staff recommendation and set public
hearing for February 21, 1984, and Council requests information on County
Policy on parking fees at Vasona on weekdays in the summer. Mr. Ventura
seconded. Carried unanimously.
NOVEMBER WARRANT DEMANDS
Mrs. Benjamin moved for approval of the November, 1983, warrant demands.
Mr. Ventura seconded. Carried unanimously.
NOVEMBER FINANCIAL STATEMENTS
Mrs. Benjamin moved for acceptance of the November, 1983, Financial
statements from the Office of Town Clerk. Mr. Carlson seconded. Carried
unanimously.
DECEMBER PAYROLL
Mrs. Benjamin moved for approval of December, 1983, payroll. Mr. Carlson
seconded. Carried unanimously.
TREASURER'S REPORT
Mrs. Benjamin moved for acceptance of the November, 1983, Treasurer's
Report. Mr. Daily seconded. Carried unanimously.
ILLEGAL REMOVAL OF TREES
Mayor Ferrito stated this was the time and place duly published for public hearing
regarding the illegal removal of protected trees in the Town. Mr. Ventura
reported that the subcommittee of Planning Commissioners, Mr. Bryant and
himself have met and now have a policy statement to handout to applicants as
they come in and are now working on amendments to the Ordinance and should
be back to Council with recommendations in the near future. No one else wished
to speak on this issue, Mrs. Benjamin moved hearing be closed. Mr. Carlson
seconded. Carried unanimously. Mrs. Benjamin moved to return this matter to
the Planning Commission for a new public hearing to consider amendments to
the tree ordinance recommended by the landscape committee. Mr. Carlson
seconded. Carried unanimously.
FEE SCHEDULE PERMITS OF STORAGE OF HAZARDOUS MATERIALS
Mayor Ferrito stated this was the time and place duly published for public hearing
to establish a fee schedule for permits for the storage of Hazardous Materials.
Mr. Carlson spoke on his concerns regarding spills and liability of the Town.
Town attorney, Levinger, stated there is an immunity in Government Code that
would cover that enforcement of the law.
No one else wished to speak on this issue, Mr. Daily moved hearing be closed.
Mrs. Benjamin seconded. Carried unanimously. Mr. Daily moved for adoption of
Resolution No. 1984-4 entitled, RESOLUTION ESTABLISHING A FEE
SCHEDULE FOR PERMITS FOR THE STORAGE OF HAZARDOUS
MATERIALS. Mrs. Benjamin seconded. Carried unanimously.
HCDA TENTH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT
Mayor Ferrito stated this was the time and place published for the second
hearing for the HCDA Tenth Year Community Development Block Grant. The
director of Community Services, Jill Cody, reported on recommendation of the
Community Services and Development Commission which is as follows:
Project Town's County's
Discretionary Competitive
Funds Pool
------------------------------------------------------------------------------------------------------------
----
1.Community Housing Developer/ $ 50,000.00 $ 46,000.00
Senior Citizen Group Home II
2.Los Gatos Housing Conservation 100,000.00 -0-
Program
3.Los Gatos High School
Handicapped access 3,000.00 -0-
4.Youth Employment Program 6,000.00 -0-
5.Live Oak Adult Day Care 6,000.00 -0-
Center
6.Teen Health Place 5,000.00 -0-
Mrs. Benjamin questioned if High School could complete their handicapped
access ramp with funds of $47,500.00, Jill Cody stated it could not finish with
only those funds. Dr. Paul Collins of the Los gatos High School spoke on slow
progress of installing handicapped ramp and asked that another $20,000.00 be
set aside for this. Jim Lewis, gave a summary of what has been spent regarding
handicapped access, curb cuts, etc., and suggested the possibility that the Town
allocate more money to the High School contingent upon their performance. Lois
Chapson and Mardi Bennett also spoke. No one else wished to speak, Mr.
Ventura moved hearing be closed. Mrs. Benjamin seconded. Carried
unanimously. Further discussion was held on what distribution of funds should
be designated for each of the projects. Mr. Daily moved to accept staff
recommendation's in the amounts as recommended for Project's 1, 4, 5, and 6.
Mr. Ventura seconded. Carried unanimously. Mrs. Benjamin moved to allocate
$80,000 for Project #2, Los Gatos Housing conservation Program and 20% be
reserved to be available for rehabilitation of structures of Historical significance.
Project #3, be renamed to Community Handicap Access, as suggested by Mr.
Ventura and $23,000, be allocated to the project contingent on the High School
completing their handicap access in a timely manner or money will revert back to
the Town for allocation; request performance report from the School District by
June 1, 1984, as suggested by Mr. Daily and Mr. Carlson. Mr. Carlson
seconded. Carried unanimously.
VERBAL COMMUNICATIONS
Harry Cohen spoke to Council on need for more street lighting on E. Main Street
and of the broken sidewalks and curbs that need repair.
BLOSSOM HILL MANOR ANNEXATION
The Town Manager, Mr. Mora, reported that State of California Legislation has
provided the Town the opportunity to annex territory without application and
hearing by the Santa Clara County Local agency Formation Commission. The
process is initiated by the Town rather than by a petition filed by property owners.
After further discussion, Mr. Daily moved for adoption of Resolution No. 1984-5
entitled, A RESOLUTION INITIATING PROCEEDINGS AND MAKING
DETERMINATIONS FOR THE ANNEXATION OF CERTAIN INHABITED
TERRITORY DESIGNATED S BLOSSOM HILL MANOR - ISLAND
ANNEXATION TO THE TOWN OF LOS GATOS. Mr. Carlson seconded.
Carried unanimously. The public hearing for the annexation will be scheduled for
February 6, 1984. All property owners will be notified of said hearing 15 days
before the hearing.
AUDITORS FINANCIAL STATEMENT
Mr. Ventura moved to accept the financial statements for June 30, 1983, as
submitted by the Town Auditors, Arthur Andersen & Co. Mrs. Benjamin
seconded. Carried unanimously.
CONSTRUCTION TAX ORDINANCE AMENDMENT
Mr. Ventura moved reading be waived for AN ORDINANCE AMENDING
CHAPTER 15 OF THE TOWN CODE RELATING TO CONSTRUCTION TAX.
Mr. Daily seconded. Carried unanimously. The Town Clerk read title. Mr.
Ventura moved for introduction of said ordinance. Mr. Daily seconded. Carried
unanimously.
INITIAL STUDY CONSULTANTS SELECTION COMMITTEE
Mayor Ferrito appointed Mr. Carlson for the Initial Study Consultants Selection
Committee.
1984-85 PRIORITY LIST OF HIGHWAY PROJECT
Mr. Ventura moved to accept staff recommendation and authorize the Mayor to
write a letter to the County Board of Supervisors requesting that they reconsider
or clarify their 1984-85 recommended priority list of highway projects for the State
Highway system in Santa Clara County; authorize the Mayor to write a letter to
our legislators and the other Santa Clara County cities urging them to oppose the
recommended priority list. Mrs. Benjamin seconded. Carried unanimously.
BUSINESS LICENSE TAX CLARIFICATION
Discussion was held on the clarification of the Business License Tax Ordinance
regarding categories that deal with the tax on professional and semi-professional
occupations, and the tax on commercial rentals. Mrs. Benjamin moved this be
continued for two weeks to allow Chamber of Commerce to review. Mr. Daily
seconded. Carried by a vote of three ayes. Mr. Ferrito and Mr. Ventura
abstained due to their having professional offices in the Town.
COUNCIL REPORT
Mr. Ventura reported to Council on the meeting of Sanitation District #4.
ADJOURNMENT
Mayor Ferrito declared the meeting adjourned at 10:00 p.m.
ATTEST:
Rose E. Aldag
Town Clerk