M 07-14-86TOWN OF LOS GATOS CALIFORNIA
TOWN COUNCIL/PARKING AUTHORITY AGENDA
JULY 14, 1986
TOWN COUNCIL
The Town Council/Parking Authority met in a joint meeting in the Council
Chambers of the Town Hall at 8:20 p.m., in continued regular session.
ROLL CALL
PRESENT:Joanne Benjamin, Eric D. Carlson, Thomas J. Ferrito, and
Mayor Terrence J. Daily.
ABSENT:Brent N. Ventura.
PLEDGE OF ALLEGIANCE
Given by all in attendance.
CLOSED SESSION REPORT
The Town Attorney, Mary Jo Levinger, reported that prior to the meeting Council
had met in Closed Session and discussed the following:
Pursuant to Government Code Section 54956.9(a) Landis v. Town,
whereby Council authorized outside Counsel on the matter.
Council also discussed labor relations and there is nothing to report on the
issue.
Discussion was also held,pursuant to Government Code Section 54956.9(c)
institution of litigation of zoning violations and there is no report for the session.
The acquisition of 20 Grays Lane was not discussed. EX-AGENDA
ITEMS
EX-AGENDA ITEMS
The Town Manager stated item 16a should be added to the agenda regarding
authorization to execute MOU for the Town Employees Association.
PROJECT 326 LOS GATOS CREEK BICYCLE/PEDESTRIAN TRAIL (OLD
TOWN TO ROBERTS ROAD
Mr. Carlson requested this item be held and discussed after hearing or during
hearing of Capital Improvements Program. So ordered.
ESTABLISHING SALARIES FOR HOURLY EMPLOYEES
Mrs. Benjamin moved for adoption of Resolution No. 1986-92 entitled, A
RESOLUTION SETTING HOURLY EMPLOYEE SALARIES FOR FISCAL YEAR
1986-87. (This would rescind Resolution No. 1986-86 which was adopted July 7,
1986). Mr. Daily seconded. Carried by a vote of four ayes. Mr. Ventura was
absent.
ESTABLISHING AUTHORIZED POSITIONS & SALARIES FOR 1986-87
Mrs. Benjamin moved for adoption of Resolution No. 1986-93 entitled, A
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
RESCINDING CERTAIN PRIOR RESOLUTIONS AND ADOPTING SCHEDULE
OF AUTHORIZED POSITIONS AND SALARIES FOR FISCAL YEAR 1986-87.
Mayor Daily seconded. Carried by a vote of three ayes. Mr. Ventura was
absent. Mr. Carlson voted no and feels at least one position is not warranted.
Mrs. Benjamin asked that it be noted in minutes that all Council members had
certain items they were not in favor of that were included in the budget.
1985/86 YEAR END ENCUMBRANCES
Mrs. Benjamin moved that the following 1985-86 appropriations be transferred as
encumbrances to FY 1986-87:
Town Clerk $3,474.15
Planning 2,871.70
General Town Administration 19,375.03
Police 16,067.75
Engineering 179.89
Parks Forestry & Maintenance 70,631.46
Capital Projects-General Fund 202,000.00*
Library 4,490.48
Downtown Parking 31,601.35
Total General Fund $350,691.81
OTHER FUNDS
Equipment Replacement $152,670.60*
General Fund Appropriated Reserve 85,290.57
Federal Revenue Sharing 25,613.48
Sewer Maintenance 5,683.75
HCDA 3,682.58
Construction Tax-Utility 4,354.08
Community Services 760.00
Storm Basin #1 1,036.84
Total Other Funds $279,091.90
Total All Funds $629,783.71
*Includes projects to be brought forward to 1986-87 in addition to those
previously listed.
Safety Signs $2,000.00 General Fund
CIP 85-86 Street Resurfacing 200,000.00 General Fund
CIP Los Gatos Blvd. (Shannon/Lark)20,187.71 GFAR
CIP Lark Ave.- Hwy. 17 On/Off 52,000.00 GFAR
CIP Blossom Hill Rd. Safety 13,102.86 GFAR
Improvements
University Ave. Undergrounding 4,354.08 Const. Tax Util.
Wheeler/Yosemite Storm Drain 1,036.84 Storm Drains
Total $292,681.49
YOUTH ADVISORY COMMISSION RESOLUTIONS OF COMMENDATIONS
Mrs. Benjamin moved for adoption of the Resolutions of Commendation to Youth
Advisory Commissioners as follows: Resolution No. 1986-95, entitled,
RESOLUTION OF COMMENDATION TO JILL HALVERSON; Resolution No.
1986-96 entitled, RESOLUTION OF COMMENDATION TO JANE HALVERSON;
Resolution No. 1986-97 entitled, RESOLUTION OF COMMENDATION TO
JENNIFER ALLANSMITH; Resolution No. 1986-98 entitled, RESOLUTION OF
COMMENDATION TO KARI COMPTON; Resolution No. 1986-99 entitled,
RESOLUTION OF COMMENDATION TO STEFANI SCHMITT; Resolution No.
1986-100 entitled, RESOLUTION OF COMMENDATION TO REBECCA RUGG;
and Resolution No. 1986-101 entitled, RESOLUTION OF COMMENDATION TO
THOMAS J. AHEARN. Mayor Daily seconded. Carried by a vote of four ayes.
Mr. Ventura was absent. Mr. Ferrito requested staff to prepare Resolutions of
commendation for other members who had served on the Commission in
previous years and had not received a commendation. He feels all who have
served deserves such recognition.
MANAGEMENT COMPENSATION PLAN
Mrs. Benjamin moved for adoption of Resolution No. 1986-102 entitled,
RESOLUTION APPROVING MANAGEMENT PERFORMANCE AND
COMPENSATION PLAN FOR THE TOWN OF LOS GATOS (FY 1986-87).
Mayor Daily seconded. Carried by a vote of three ayes. Mr. Carlson voted no
and Mr. Ventura was absent.
GREEN VALLEY DISPOSAL RATE INCREASE
Mrs. Benjamin moved for adoption of Resolution No. 1986-103 entitled,
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
MODIFYING RATES FOR REFUSE COLLECTION SERVICES. This modifies
rates on refuse collection services in the Town of Los Gatos. Mayor Daily
seconded. Carried by a vote of two ayes. Mr. Ventura was absent. Mr. Ferrito
abstained due to this absence at the meeting this had been discussed. Mr.
Carlson voted no stating, he is not opposed to what Council is doing but, feels
the rates should be consistent with those of Saratoga.
COMMUNICATION for action
Letter from James P. Oteri,Sr. Vice-President of Nob Hill General Store on Los
Gatos Boulevard and Los Gatos-Almaden Road, requested the issuance of
temporary Certificate of Occupancy for their store addition even though other
conditions have not been completed. These are renovation of landscaping and
parking lot to be completed by the building owner, Mr. Musich. Mr. Oteri stated
the town required 14 trees be planted to replace the trees removed. They are
planting 24 trees and willing to put up a cash bond to guarantee completion of
the renovation. After discussion by Council. Mr. Ferrito moved to deny the
request. Council should not accept cash in-lieu deposits for issuance of
temporary Certificate of Use and Occupancy. Mr. Carlson seconded. Carried by
a vote of four ayes. Mr. Ventura was absent.
ZONING ORDINANCE AMENDMENT DETERMINING NUMBER OF BMP
UNITS REQUIRED IN RESIDENTIAL PROJECTS
Mayor Daily stated this was the time and place duly noted for continued public
hearing to consider Zoning Ordinance Amendment Z-86-3, the consideration of
an amendment to Chapter 3.90 of the Town Zoning Ordinance establishing a
formula for determining the number of Below Market Price Units required in
certain types of residential project. The Planning Director, Lee Bowman, stated
this ordinance amendment is implementing the General Plan Amendment which
Council adopted earlier this year relative to the formula for determining the
number of units. No one from the audience wished to speak on this issue. Mr.
Ferrito moved public hearing be closed. Mr. Carlson seconded. Carried by a
vote of four ayes. Mr. Ventura was absent. Mrs. Benjamin stated she would be
abstaining on the vote because she had not been present at the meeting when
the formula was discussed. Mr. Ferrito moved to make finding that the ordinance
amendment is consistent with the General Plan. Mr. Carlson seconded. Carried
by a vote of three ayes. Mrs. Benjamin abstained and Mr. Ventura was absent.
Mr. Ferrito moved to make the negative declaration. Mr. Carlson seconded.
Carried by a vote of three ayes. Mrs. Benjamin abstained and Mr. Ventura was
absent. Mr. Ferrito moved reading be waived for ORDINANCE OF THE TOWN
OF LOS GATOS AMENDING CHAPTER 3.90 OF THE ZONING ORDINANCE
RELATING TO THE BELOW MARKET PRICE PROGRAM. Mr. Carlson
seconded. Carried by a vote of three ayes. Mrs. Benjamin abstained and Mr.
Ventura was absent. The Town Clerk read title of Ordinance. Mr. Ferrito moved
Ordinance be introduced. Mayor Daily seconded. Carried by a vote of two ayes.
Mr. Ventura was absent. Mr. Carlson voted no for the following reason: (1) he is
strong supporter of BMP but feels in-lieu fees do not encourage the development
of below market price housing and it puts the Town in the housing business
which is a mistake and; (2) the Ordinance didn't specify what is going to happen
to the money. Mrs. Benjamin abstained but wished minutes to reflect that she
agrees with Mr. Carlson.
PUBLIC HEARING ZONING ORDINANCE AMENDMENT RE MAXIMUM
HEIGHT OF RESIDENTIAL STRUCTURES
Mayor Daily stated this was the time and place duly noted for continued public
hearing to consider Zoning Ordinance Amendment A-86-2, consideration of
amendments to Town Zoning Ordinance concerning the maximum height of
residential structure. Mr. Bowman explained to Council that this amendment
pertains to height of residential structure in the hillside. No one from the
audience wished to speak on this issue, Mr. Carlson moved public hearing be
closed. Mrs. Benjamin seconded. Carried by a vote of four ayes. Mr. Ventura
was absent. Mr. Carlson moved to make the negative declaration. Mrs.
Benjamin seconded. Carried by a vote of four ayes. Mr. Ventura was absent.
Mr. Carlson moved to make finding that the Ordinance Amendment is consistent
with the General Plan as well as the Hillside Plan. Mrs. Benjamin seconded.
Carried by a vote of four ayes. Mr. Ventura was absent. Mr. Carlson moved to
waive the reading of AN ORDINANCE OF THE TOWN OF LOS GATOS
AMENDING SECTION 4.10.050 OF THE TOWN ZONING ORDINANCE
RELATING TO BUILDING HEIGHT ON SLOPING LOTS. Mrs. Benjamin
seconded. Carried by a vote of four ayes. Mr. Ventura was absent. The Town
Clerk read the title. Mr. Carlson moved Ordinance be introduced. Mrs. Benjamin
seconded. Carried by a vote of four ayes. Mr. Ventura was absent.
1886/87 CAPITAL IMPROVEMENT PROGRAMS
Mayor Daily stated this was the time and place noted for continued public hearing
of the 1986-87 Capital Improvement Program. No one from the audience wished
to speak on this issue. Mr. Ferrito moved hearing be closed. Mr. Carlson
seconded. Carried by a vote of four ayes. Mr. Ventura was absent.
The Town Manager referred to page 3 of the Capital Improvement Programs,
stated that this is a summary of projects and their funding for 1986-87 budget.
Items are listed 1 through 17 and should add 17a Blossom Hill safety program in
the amount of $76,000 which will be funded from the Gas Tax funding. Mr.
Carlson stated the Town should not be depleting the General Fund accumulated
reserve. Given the number of requests we've had for Human Services Program,
he feels we should be allocating more money for such programs. The Manager
stated that existing policy is that the General Fund Reserve are not used for
ongoing operations which Human Services Programs would be. Reserves are
spent on Capital Improvement Program.
Mr. Carlson spoke on the 85/86 project carryovers and his concerns on the
economy. After further discussion, Mr. Carlson wished the record to show that
this is not the first time he spoke on his opposition to proposed solution to
Roberts Road and Los Gatos Boulevard/Shannon Road Project. Mr. Carlson
moved that the Los Gatos Boulevard/Shannon Road Improvements Program
(85/86 carryover), in the amount of $40,000, be removed from CIP at this time.
Mrs. Benjamin seconded. Motion fails. Mr. Ferrito and Mayor Daily voted no.
Mr. Carlson moved, at current time, to remove the Town Centers expansion from
the Capital Improvements Plan, (85/86 carryover), in the amount of $1,150,000.
Motion died for lack of second. Mrs. Benjamin stated this has been in the budget
for two years and money as not been spent but, it is available in reserve when
we do need it.
On consensus motion, Mrs. Benjamin moved that Council direct staff to explore
possible State funding for part, or all, of the Saratoga Avenue Median
landscaping (CIP#33). Mr. Carlson seconded. Carried by a vote of four ayes.
Mr. Ventura was absent. On consensus motion Council accepted Item 1 on the
CIP. Maintenance painting of Neighborhood Center; accepted #2 of CIP,
Construction of Parks and Forestry Administration and Operations Office
complex; accept #3 of CIP, Los Gatos Creek Trail System, Roberts to Forbes
Mill; accept item #4 of CIP, Blossom Hill & La Rinconada Parks, repairs and
resurfacing; accept #5 of CIP, Bachman Park Pathway Improvement; accept #6
of CIP regarding Blossom Hill Road and Cherry Blossom Lane, after general
discussion on this item as to the importance of realignment of intersection this
item was accepted; accept #8 Los Gatos Corridor improvements. Mrs. Benjamin
moved to delete Magneson Loop. Close existing median opening by
constructing landscaped median across opening in amount of $20,000. Mr.
Carlson seconded. Motion failed. Mayor Daily and Mr. Ferrito voted no. Mr.
Ventura was absent.
Discussion was held on Placer Oaks, close existing median opening by
construction of landscape median across opening. Mrs. Benjamin moved for
deletion of this in the amount of $32,000. Mayor Daily seconded. Carried by a
vote of three ayes. Mr. Ferrito voted no and Mr. Ventura was absent.
After further discussion, Mr. Carlson moved to take the sum of all gas tax money
for the Los Gatos Boulevard Improvements less $27,000 from the General Fund.
Have a detailed plan from Engineering showing the whole plan of Los Gatos
Boulevard Improvements using nothing but gas tax funds. Council then will have
a chance to discuss this project in detail. Carried by a vote of three ayes. Mr.
Ferrito voted no. Mr. Ventura was absent. This will take care of the concerns of
other Council members regarding Placer Oaks median closing and the
Magneson Loop median closing.
It was consensus of Council to have items 12 through 16 regarding Assessment
District be shown separate and not shown as Capital Improvement Projects. It is
the Assessment Districts Program. Council accepted CIP items 17 and 17a.
Discussion was held on item 26, Vineyard Court landscaping in the amount of
$38,000. Mrs. Benjamin moved to fund $14,500. for landscaping of the Vineyard
Court island. Discussion was held regarding expenditures of this project coming
from Construction tax. There was also discussion of the possibility of residents
sharing the cost for landscaping. Mr. Bryant reported to Council on the history of
the Vineyard Court island and the lack of landscaping. Mr. Carlson then
seconded the motion to fund for $14,500. Motion fails. Mr. Ferrito and Mayor
Daily voted no. Mr. Ventura was absent. Mr. Ferrito moved Council send a copy
of Mr. Bryant's report on the history of Vineyard Court landscaping to all residents
in Tract 3538 and tell them Council is willing to consider sharing the cost, on a
50/50 basis, for the landscaping. Motion died for lack of second. No further
action was taken.
The Town Manager stated another item should be discussed and that is the
funding for partitioning in the Building, Planning and Engineer's Departments. It
was suggested that this partitioning come from the $65,000 funded for Town Hall
Expansion. Mr. Ferrito stated he would like to see the expansion and partitioning
kept separate. Mrs. Benjamin moved this be set aside out of the $65,000 funded
for the expansion. Motion died for lack of a second.
VERBAL COMMUNICATIONS
Jim Oggerino, 18280 Lakeview Court, Los Gatos, referred to letter presented to
Council whereby the majority of Lakeview Court residents are opposing a Use
Permit application that has been applied for and granted, by the County, to allow
the use of two lots in their subdivision to be used for stabling up to 65 horses. He
stated all traffic to and from the stables will have to travel Highway 17. Mr.
Oggerino and other who signed the letter urged Council to send information and
staff to the County Planning urging denial of said use. Council directed the
Planning Director, Lee Bowman, to look into this and put on Council agenda of
July 21, 1986 with report and recommendation that Council may sent to the
County under County Referrals.
LOS GATOS BLVD. CORRIDOR STUDY
Mayor Daily stated the report from the Engineers is the result of the meetings
with Fisher and Van Meter School, Calvary Baptist Church and Villa de Los
Gatos Homeowner's Association regarding the proposed Los Gatos
Boulevard/Nino Avenue Improvements. Mrs. Benjamin commented that staff
need to look at Mitchell Avenue, Green Hills Preschool off George Street, and
Honda dealer as far as traffic on those streets. After further discussion, Mr.
Carlson moved to approve the recommended action. Motion withdrawn. Mr.
Carlson then moved to separate Nino Avenue/Los Gatos Boulevard Intersection
Improvements into a project to be addressed this fall after consultation with the
Van Meter Home and School Club; and authorize the Mayor to send a letter to
the Los Gatos Union School District Board expressing appropriation for
intersection and support of the Nino Avenue/Los Gatos Boulevard Project. Mrs.
Benjamin seconded. Carried by a vote of four ayes. Mr.Ventura was absent.
Mr. Ferrito requested that Resolution Approving Amendment No. 2 To
Agreement (in the amount of $11,000) with the firm of Ruth and Going, Inc. for
providing additional consulting services for the Los Gatos Boulevard/Shannon
Road/Roberts Road intersection and Magneson Loop in connection with the Los
Gatos Corridor Improvements be placed on the July 21, 1986 agenda.
SECONDARY DWELLING UNIT STATUS REPORT
Council informational report.
EARTHQUAKE PREPAREDNESS PROJECT 86/87 BUDGET
Mrs. Benjamin spoke on her concerns as to the importance of this project and the
need for funding. Other Council members supported the project but would not
wish this to compete with Human Services funding. After some discussion,
Mrs.Benjamin moved to make a separate appropriation of $15,000 to fund the
Earthquake Preparedness Project. Mr. Daily seconded. Carried by a vote of four
ayes. Mr. Ventura was absent.
86/87 BUDGET & CAPITAL IMPROVEMENT BUDGET
It was consensus of Council that the adoption of 86/87 Budget and Capital
Improvement Budget be continued to the July 21, 1986 Council meeting so final
budget can be printed and presented to Council showing changes Council made
at this meeting. Mr. Carlson stated he would be absent July 21st. when the
budget is approved and wishes it noted he is not supportive of the budget as it
currently stands. He feels it is to high.
TOWN APPROPRIATION LIMIT FISCAL YEAR 1986-87
Mr. Ferrito moved for adoption of Resolution 1986-104 entitled, A RESOLUTION
SETTING THE FY 1986-87 APPROPRIATIONS LIMIT FOR REVENUE
GENERATED FROM "PROCEEDS OF TAXES" PURSUANT TO ARTICLE XIII
(B) OF THE STATE CONSTITUTION. Mrs. Benjamin seconded. Carried by a
vote of three ayes. Mr. Carlson voted no and Mr. Ventura was absent.
MEMORANDUM OF UNDERSTANDING TOWN EMPLOYEES ASSOCIATION
Mrs. Benjamin moved for adoption of Resolution No. 1986-105 entitled, A
RESOLUTION APPROVING A MEMORANDUM OF UNDERSTANDING
BETWEEN THE TOWN OF LOS GATOS AND THE TOWN EMPLOYEES
ASSOCIATION. Mr. Ferrito seconded. Carried by a vote of four ayes. Mr.
Ventura was absent.
COMMUNITY SERVICES COMMISSION MEETING SCHEDULE
Informational report for Council.
EARTHQUAKE PREPAREDNESS CONSULTANT REQUEST ADDITIONAL
FUNDS
Dennis Church, representative of Roanoke, Inc.l, spoke on the request for
additional funds in the amount of $3,402.00 to cover costs incurred as a result of
implementing the project during the summer months, rather than in April and May
as originally planned. He stated there were delays in contract signing.
Discussion was held by Council whereby they stated Scientific Service, Inc. and
their subcontractor, the Roanoke Co., had a contract for a certain amount and
can't see where they can allocate additional funds to the consultant at this time.
Consultants should have requested any additional funds needed to implement
the project prior to entering into an agreement with the Town. Mr. Carlson
moved to deny the request for additional funds. Mr. Ferrito seconded. Carried
by a vote of three ayes. Mayor Daily voted no and Mr. Ventura was absent.
ARTS COMMISSION FUNDING ALLOCATION LOS GATOS ARTS CLUB
Information to Los Gatos Council that the Los Gatos High School Art Club has
rescinded their application to the Arts Commission for funds in the amount of
$80.00. Council spoke on their concerns as to the Arts Commission funding
monies to any club or groups and requested this be passed along to them
through the Acting Director of Community Services.
HWY 17 PHASE I STUDY BOARD
Mr. Carlson moved Council appoint Brent N. Ventura as Council representative
on the eight member Joint Policy Advisory Board for the Vasona/Highway
17/Corridor Phase I Preliminary Alternatives Analysis. Mrs. Benjamin seconded.
Carried by a vote of four ayes. Mr. Ventura was absent.
APPOINTMENT EMERGENCY PREPAREDNESS COUNCIL
At the June 2nd, 1986 Council meeting, Council member Thomas J. Ferrito was
appointed to the Emergency Preparedness Council. He now finds he is unable
to participate. After some discussion,it was noted that there is no Council
member able to participate unless there can be a change in the meeting time.
Staff to contact M. Perry and see if this can be joined with the IGC.
ADJOURNED TO CLOSED SESSION
The Town Attorney, Mary Jo Levinger, stated Council will adjourn to Closed
Session following this Council meeting and complete their discussion on
institution of litigation regarding zoning violations. They will also discuss the
acquisition of Boyle property at 20 Grays Lane.
ADJOURNMENT
Mayor Daily declared the meeting adjourned at 10:50 p.m., to Closed Session.
ATTEST:
Rose E. Aldag
Town Clerk