M 08-19-85TOWN OF LOS GATOS CALIFORNIA
TOWN COUNCIL/PARKING AUTHORITY AGENDA
AUGUST 19, 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:Terrence J. Daily, Thomas J. Ferrito, Brent N. Ventura and
Mayor Joanne Benjamin.
ABSENT:Eric D. Carlson.
PLEDGE OF ALLEGIANCE
Given by all in attendance.
EXECUTIVE SESSION REPORT
Town attorney reported that Council met in executive session prior to tonights
meeting and discussed pending litigation of the Town vs GTE Mobilnet (the
superior Court action and also the PUC application) and there is nothing to report
on that discussion. Council also discussed labor relations matter and no action
was taken.
EX-AGENDA ITEMS
Acting Town Manager stated the following item should be added to tonights
agenda:
Item 27 a. Parking along Industrial Way.
Mr. Ferrito requested the addition of
Item 30 To discuss newspaper article of August 10, 1985 re contamination of
drinking water.
BID AWARD PROJECT 321 REROOFING CIVIC CENTER
Town Clerk reported that four bids had been received ranging from low bid of
$45,809.00 to high bid of $78,156.00. Town Engineer requested Council waive
the irregularities in the low bid per section 3-08 of the specifications and award
the contract for the work to the low bidder California Roofing Co., Inc. in the
corrected amount of $45,881.50. Mr. Daily moved to waive the irregularities of
the low bidder and award the bid to California Roofing Co., Inc. in the amount of
$45,881.50; authorize the Mayor to sign the contract on behalf of the Town and
approve a supplemental appropriation of $7,000.00 from Construction Tax Fund.
Mr. Ventura seconded. Carried unanimously.
PROJECT 314 LARK AVENUE IMPROVEMENTS
Town Clerk reported the two bids received for said project 314, Lark Avenue
Improvements were Norman B. Houge, Inc. in the amount of $238,103.50 and
Raisch Construction Co. in the amount of $269.515.00. Town Engineer Zapf
answered questions of Council re sharing of cost with the State. Mr. Daily moved
to accept staff recommendation and award the bid to Norman B. Houge, Inc. in
the amount of $238,103.50; authorize the Mayor to sign the contract on behalf of
the Town and approve a supplemental appropriation of $211,000.00 from the
2107 Gas tax fund balance. Mr. Ventura seconded. Carried unanimously.
PROJECT 316 BLOSSOM HILL RD. SAFETY IMPR'MTS
Town Clerk reported two bids were received for said project 316. Bids were from
Raisch Construction Co. in the amount of $155,420.00 and Norman B. Houge,
Inc. in the amount of $181,302.50. Mr. Daily moved to reject all bids on said
project send back to staff for further study and modification of plans and
readvertise for bids. Mr. Ventura seconded. Carried unanimously.
BID AWARD INSTANT RECALL RECORDER
Town Clerk reported that three bids were received for Instant Recall recorder
ranging from low bid of $4,280.00 to high bid of $4,990.48. Mr. Ferrito moved to
accept staff recommendation and reject the low bid proposal submitted by
Magnasync/Moviola in the amount of $4,280.00 on the basis of failure to meet
specification requirements; award the bid for purchase of Communications
Instant Recall Recorders to the next highest proposal which fully meet
specifications to Dictaphone Corporation, in the amount of $4,336.71 including
tax and maintenance and approve a supplemental appropriation from General
Fund Appropriated Reserve in the amount of $4,336.71. Mr. Daily seconded.
Carried unanimously.
BID AWARD COMMUNICATIONS LOGGING RECORDER
Clerk reported bids were received as follows:
Logging Recorder "A"
Magnasync/Moviola $ 9,471.57
Dictaphone Corporation 12,517.93
Logging Recorder "B"
Magnasync/Moviola $ 9,471.57
Dictaphone Corporation 10,218.50
Mr. Ferrito moved to accept staff recommendation and reject low bids for "A" and
"B" options submitted by Magnasync/Moviola in the amount of $9,471.57 on the
basis of failure to meet certain specification requirements; reject next highest bid
for minimum "B" option submitted by Dictaphone Corporation on the basis of
staff's assessment; award the bid for purchase of Logging Recorder "A" to
Dictaphone Corporation in the amount of $12,517.93, including tax and
maintenance costs and approve a supplemental appropriation from the general
fund appropriated reserve in the amount of $12,517.93. Mr. Daily seconded.
Carried unanimously.
COMMUNICATIONS (referral/file)
a.Letter from Rotary Club requesting permission to hold their annual Great Race
on January 5, 1985. Mr. Daily moved to refer request to Police Department and
Parks, Forestry and Maintenance for report on September 3, 1985. Mr. Ventura
seconded. Carried unanimously.
b.Letter from Wayne Witchez re Light Rail System. Mr. Daily moved to note
and file correspondence. Mr. Ventura seconded. Carried unanimously.
c.Letter from Santa Clara Valley Veterinarians' Group re Zoning Ordinance
amendment re boarding of pets in Los Gatos. Mr. Daily moved this
communication be referred to Planning Commission. Mr. Ventura seconded.
Carried unanimously.
d.Letter from SAFE on 17. Mr. Daily moved to refer said communication to
Planning Director for response. Mr. Ventura seconded. Carried unanimously.
e.PUC Notice of Fare Increase for Greyhound. Mr. Daily moved to note and
file. Mr. Ventura seconded. Carried unanimously.
SCHEDULE OF PUBLIC HEARINGS
Information for Council on the upcoming public hearings.
VACATION OF EASEMENT AT 196 COLLEGE AVENUE
Mr. Daily moved for adoption of Resolution No. 1985-125 entitled, A
RESOLUTION OF INTENTION TO VACATE A FIVE FOOT WIDE WIRE
CLEARANCE EASEMENT ACROSS THE PROPERTY LOCATED AT 196
COLLEGE AVENUE ( APN 529-31-057); direct Clerk to publish Resolution;; refer
the matter to Planning commission for determination that the proposed vacation
is not contrary to the General Plan and approve staff recommendation
concerning valuation and charge only the $300.00 processing fee for vacation of
the land. Mr. Ventura seconded. Carried unanimously.
PARKING COMMISSION REPORT
Information for Council.
FIESTA DE ARTES REQUEST FOR SIGNS
Mr. Daily moved to accept staff recommendations and authorize the Los Gatos
Jaycees to erect temporary directional signs for the Fiesta de Artes with the
following conditions:
1. Applicant shall apply for a temporary sign permit from the Planning
Department.
2. The signs shall be of a size no larger than l4" x 18".
3. Affix no sign to any tree or plant and not obstruct public right-of-way.
4. Installation and removal by the Jaycees with removal by 10:00 p.m., Sunday,
August 24, 1985.
Mr. Ventura seconded. Carried unanimously.
BUS STATION LEASE AGREEMENT EXTENSION
Mr. Daily moved for adoption of Resolution No. 1985-126 entitled, A
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
AUTHORIZING THE ACTING TOWN MANAGER TO SIGN THE ANNUAL
EXTENSION RIDER OF THE LEASE AGREEMENT BETWEEN THE TOWN
AND GREYHOUND LINES INCORPORATED. Mr. Ventura seconded. Carried
unanimously.
EARTHQUAKE PREPAREDNESS AGREEMENT
Mr. Daily moved for adoption of resolution No. 1985-127 entitled, A
RESOLUTION AUTHORIZING THE TOWN MANAGER TO NEGOTIATE AND
EXECUTE AN AGREEMENT WITH SCIENTIFIC SERVICES, INC. (for the
preparation of services related to the Earthquake Preparedness grant. Mr.
Ventura seconded. Carried unanimously.
APPEAL GUADALUPE RUBBISH DISPOSAL, INC.
Mr. Daily moved for adoption of Resolution No. 1985-128 entitled, RESOLUTION
REFERRING TO THE DEVELOPMENT REVIEW COMMITTEE AND THE
PLANNING COMMISSION THE APPEAL OF THE DECISION OF THE
PLANNING COMMISSION DENYING PLANNED DEVELOPMENT
APPLICATION FOR AN INDUSTRIAL PROJECT. Mr. Ventura seconded.
Carried by vote of 2 ayes. Mr. Daily and Mr. Ventura abstained from voting due
to their being absent from the hearing on August 5, 1985.
COMMENDATION WESLEY WALTON
Mr. Daily moved for adoption of Resolution No. 1985-129 entitled, A
RESOLUTION COMMENDING WESLEY E. WALTON. Mr. Ventura seconded.
Carried unanimously.
1985-86 COUNCIL MEETING SCHEDULE
Mr. Daily moved Council accept the Council meeting schedule for FY 1985-86.
Mr. Ventura seconded. Carried unanimously.
SUPPLEMENTAL APPROPRIATION PARKING PROGRAM
Mr. Daily moved Council approve a supplemental appropriation in the amount of
$6,400.00 from the General Fund Appropriation Reserve to the Downtown
Parking Program budget. Mr. Ventura seconded. Carried unanimously.
NEIGHBORHOOD CENTER OUTREACH ACTION PLAN
Mr. Daily moved to adopt the Neighborhood Center Outreach Action Plan in
concept and direct Town Clerk to set September 16, 1985 as a public hearing on
the recommended fee schedule. Mr. Ventura seconded. Carried unanimously.
ANNEXATION AGREEMENT WM. BEAN
Mr. Daily moved for adoption of Resolution No. 1985-133 entitled, RESOLUTION
AUTHORIZING AGREEMENT FOR FUTURE ANNEXATION: WILLIAM B. &
MERILYN I. BEAN. (This is a County Referral item. The property is not now
annexable but County requested the annexation agreement before approval of
building permit). Mr. Ventura seconded. Carried unanimously.
MINUTES AUGUST 5, 1985
Mr. Ferrito moved Council approve the August 5, 1985 minutes as submitted.
Mrs. Benjamin seconded. Carried by vote of two ayes. Mr. Ventura and Mr.
Daily abstained as they both were absent from said meeting.
COMMUNICATIONS (for action)
a.Letter from Fred Schneider regarding Zoning Ordinance violation. It was
reported by Town Manager this had been reviewed by staff and there is no
violation and no further action is needed.
b.Letter from Christopher Menkin regarding "No parking" signs on Wood
Road. Discussion was held and Mr. Ventura requested report from Police Chief
on possibility of the Town adopting an ordinance re hitchhiking in designated
areas in Town. This has been done by other cities. After further discussion Mr.
Daily moved to approve corrective measures as follows:
1. The sign that had been knocked down be replaced and replace two
faded "No Parking" signs.
2. Contact the owner of property at the corner of Wood Rd and request
that fence repairs be made and the lot be kept clean; and
3. The Police enforce the vehicle code as deemed necessary.
Mr. Ventura seconded. Carried unanimously.
c.Letter from, Ali Mozaffari, American Empire LTD. requesting a change for
age restrictions for Anciano Village project. Mr. Hedley, Architect spoke on the
issue, explaining the request and reasons. Also, speaking on the issue was
Gertrude Tompkins. After further discussion Mr. Ventura moved staff instruct Mr.
Mozaffari, American Empire LTD. to file an application for modification of the
Planned Development Zone if he wished to pursue the matter. Mr. Daily
seconded. Carried unanimously. Mr. Ferrito stated that before letter is sent,
direct staff to trace history of this project and indicate that Councils' referral to
Planning process does not, in any way, indicate any sign of encouragement.
d.Letter from Los Gatos Museum requesting Council approval of a proposal
for the unified management of the Los Gatos Museum and Forbes Mill Regional
Museum. Speaking on the issue was Dr. Chang, Board member of the Los
Gatos Museum and Ethel Worn, chairman of the Cultural Commission. After
further discussion Mr. Daily moved the proponents and staff to work jointly for a
merger or consolidation, cost breakdown for funding and report as to what other
cities are doing. Mr. Ferrito seconded, stating he hopes this does not preclude
further melding of the two groups. Motion also to include a report be brought
back the second meeting in September, 1985. Motion carried by two votes, Mr.
Ventura abstained due to his working with this group and being a Board member
of the Forbes Mill Museum and also a member of the Centennial Committee.
Mrs. Benjamin abstained for the same reason.
e.Letter from Gary B. Irwin regarding Los Gatos Chrysler-Plymouth
requesting permission to occupy the adjoining property temporarily while an
application for permanent occupancy is being processed by the Town. Mr. Irwin
spoke to Council explaining what the request was all about. Discussion was held
on fast tracking this request. Planning director answered questions of Council as
to the quickest time this could be heard at Planning Commission. Mr. Irwin
spoke of his willingness to put up a bond to guarantee putting in all
improvements if there is any way to speed up the process for Planning Hearing
for their request for use of back lot adjacent to their property for the storage of
automobiles. Mr. Daily moved to request Planning to hear this application on
September 26, 1985 as there are no provisions in the Zoning Ordinance to allow
for a temporary use while an application is pending. Mr. Ventura seconded.
Carried unanimously.
PAYROLLS AUGUST 2, 1985 - AUGUST 16, 1985
Mr. Daily moved for the approval of August 2, 1985 payroll in the amount of
$127,662.97; approval of August 16, 1985 payroll in the amount of $126,659.03
plus payroll related warrants in the amount of $193,465.21. Mr. Ventura
seconded. Carried unanimously.
AUGUST 1, 1985 WARRANT DEMANDS
Mr. Daily moved for the approval of August 1, 1985 warrant demands in the
amount of $592,269.77. Mr. Ventura seconded. Carried unanimously.
JULY 1985 FINANCIAL STATUS REPORT
Mr. Daily moved to accept financial status report of July, 1985. Mr. Ventura
seconded. Carried unanimously.
SEWER EASEMENT VACATION AT 145 HAPPY ACRES ROAD
Mayor Benjamin stated this was the time and place duly published for public
hearing on request to vacate a sanitary sewer easement across the property
located at 145 Happy Acres Road (APN 537-23-058) Town Engineer Ron Zapf
reported to Council that since the abandonment and dedication will be more of a
benefit to the Town than the property owners, the recommendation is that
processing fees be waived. There being no one in the audience wishing to
speak on this issue, Mr. Ferrito moved hearing be closed. Mr. Ventura
seconded. Carried unanimously. Mr. Ventura moved for adoption of Resolution
No. 1985-130 entitled ORDER VACATING SANITARY SEWER EASEMENT
ACROSS PROPERTY LOCATED AT 145 HAPPY ACRES ROAD (APN 537-23-
058); waive processing fees and direct Clerk to record the new sewer easement
across 145 Happy Acres Road. Mr. Daily seconded. Carried unanimously.
REVENUE SHARING APPLICANTS 85/86
Town Manager reported to Council on the evaluation of applications for revenue
sharing monies available for the FY 1985/86. After further discussion Mr. Daily
moved Council adopt specific ground rules for the September 9, 1985 public
hearing on General Revenue Sharing Funds. Mr. Ventura seconded. Carried
unanimously. Mr. Ferrito moved Council set deadline date of January 1986 for
Council decision on future funding. Mrs. Benjamin seconded. Carried by vote of
three ayes. Mr. Daily abstained.
FEDERAL LABOR STANDARDS ACT
Mr. Daily moved for adoption of resolution No. 1985-131 entitled,
DECLARATION OF WORK PERIODS UNDER THE FEDERAL LABOR
STANDARDS ACT. Mr. Ventura seconded. Carried unanimously.
RESTORATION OF LEXINGTON BURN AREA
Information for Council on reseeding. Mr. Ventura spoke on need for money for
reseeding of the burn area and requested a report re the Town being a
contributing source.
VILLA VASONA COMPLEX
Town Manager referred to complaint filed by M. McClure resident of the Villa
Vasona complex and, reporting staff had investigated complaints and reported on
them. Speaking on the issue was Ms. McClure, Lee Main, Ms. Tomasino and
Randy Chandler. After further discussion Mr. Ventura moved to adopt
recommendation as follows:
1. Letter be sent to Mr. Sheehan stating he appears to be in violation of the
Settlement Agreement. Mr. Sheehan be provided two weeks to respond to the
letter and, depending on the response provided, staff will advise that the issues
have been resolved or recommend further action.
2. Town Maintenance personnel inspect the complex, unannounced, to review
the physical condition of public areas on a periodic basis.
3. Council recommend to Mr. Sheehan that he create a grievance committee,
composition to be discussed between Sheehan and the Acting Town Manager
and to be established by September 30, 1985.
4. That resident issues unresolved by the Grievance Committee can be brought
for mediation under the Town's Rental Mediation Ordinance.
Mr. Daily seconded. Carried unanimously.
PROJECT 316 BLOSSOM HILL PED/BIKE SAFETY IMPROVEMENTS
Town Engineer Ron Zapf spoke on the reduced modified project. Mayor
Benjamin questioned the lack of drawing of the modified project and whether the
modified project took into consideration the requests and suggestions from
hearing held on August 5. Mr. Zapf showed and explained the plans to Council.
Council then questioned advertising for bids prior to holding a public hearing.
After further discussion Mr. Ferrito moved for the adoption of Resolution No.
1985-132 entitled, RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
LOS GATOS APPROVING PLANS AND SPECIFICATIONS FOR PROJECT 316
BLOSSOM HILL ROAD PEDESTRIAN/BICYCLE PATH IMPROVEMENTS; set
bid opening for September 10, 1985 at 10:00 a.m.; authorize staff to issue a
purchase order to the firm of Wilsey and Ham for the approximate fee of
$2,100.00 for providing professional services in conjunction with the project and
set public hearing for project September 16, 1985. Mrs. Benjamin seconded.
Carried by vote of two ayes. Mr. Ventura abstained due to the fact the project
had been revised due to testimony received at public hearing held during his
absence. Mr. Daily abstained for the same reason. Speaking to this issue was
David Hulme, 224 Camino del Cerro.
PARKING INDUSTRIAL ROAD
Ken Phiko, 627 University Avenue spoke on proposal for parking along Industrial
Road which would alleviate parking deficiencies in that area. Much discussion
was held as to procedure to proceed with this project. It was consensus of
Council to direct Mr. Phiko to work with Manager and Attorney to discuss all legal
ramifications and report back to Council.
COUNTY REFERRALS
Mr. Ferrito moved to accept staff recommendation on the following:
12S78.5 N.W. side Hiwy 17 between Redwood Est. & Summit Road
Coomber Major modification No comment.
2473-29-39-858 Summit Road Mehus resubmittal No comment.
2175-30-48-84B-84DR Aztec ridge Dr. Hogan/Modir Design review
This was before Council at meeting of May 20, 1985 and since that time revised
plans have been submitted answering Councils concerns and certain changes
are still needed to meet Town standards.
Mr. Warren Heid, Architect, representing Mr. Modir stated their willingness to
meet all Town's requirements. Mr. Heid to meet with Planning Director and
discuss changes. Mr. Daily seconded. Carried unanimously.
CULTURAL COMMISSION BROCHURE
Ad Klein, member of the Cultural Commission presented brochure that was
revised from suggestions of Council t previous meeting. He stated these would
be distributed as a flyer in the Los Gatos Weekly newspaper. Mr. Ventura moved
to accept revised brochure. Mr. Daily seconded. Carried unanimously.
CULTURAL COMMISSION FUNDING OF ART SHOW
Ethel Worn, Chairman of Cultural Commission, spoke on request of $250.00 for
funding of a Art Show to be held by the Ming Quong Children Center. Discussion
was held on this request and Council feels this is a worthwhile project but due to
funds for these projects having all been designated this request will have to be
denied.
WATER CONTAMINATION
Mr. Ferrito referred to August 10, 1985 San Jose Mercury News article listing the
71 contaminated sites in the santa Clara Valley which could be a threat to out
drinking water and one site is Becton-Dickinson Co. at 14300 Winchester Blvd.
He requested a staff report informing Council as to what is going on at Becton-
Dickinson; what the Regional Quality Board found; what the report means; what
is going to be done about this situation and by whom.
ADJOURNMENT
Mr. Daily moved meeting be adjourned at 10:15 p.m. to executive session to
discuss acquisition of 20 Grays Lane. Council will be negotiating with Mr. Kilian
on this acquisition. Report on the executive session will be given at the next
meeting. Mr. Ferrito seconded. Carried unanimously.
ATTEST:
Rose E. Aldag
Town Clerk