M 07-07-86TOWN OF LOS GATOS CALIFORNIA
TOWN COUNCIL/PARKING AUTHORITY AGENDA
JULY 7, 1986
TOWN COUNCIL
The Town Council/Parking Authority met in a joint meeting in the Council
Chambers of the Town Hall at 7:40 p.m., in regular session.
ROLL CALL
PRESENT:Joanne Benjamin, Eric D. Carlson, Thomas J. Ferrito, Brent
N.Ventura and Mayor Terrence J. Daily.
PLEDGE OF ALLEGIANCE
Given by all in attendance.
CLOSED SESSION REPORT
The Town Attorney, Mary Jo Levinger, reported that Council met in Closed
Session on June 30, 1986 and discussed labor relations and there is no report
from that discussion.
On July 1, 1986 the Closed Session scheduled to discuss labor relations was not
held.
Prior to tonights Council meeting, pursuant to Government Code Section
54956.9(a), Council met in Closed Session and discussed Flores vs. Town and
Council authorized settlement of workers compensation action in the amount of
$45,000.00; Landis vs. Town there is nothing to report and Town vs. Ferrari there
is nothing to report. Pursuant to Government Code Section 54956.9(c) claim of
Pamela Cohn, it was determined that there was significant exposure to litigation
and Council authorized payment of that claim in the amount of $1,636.25.
Council also discussed labor relations and there is nothing to report.
BID AWARD LEGAL ADVERTISING
It was noted this item was continued from the meeting of June 16, 1986, due to
questions regarding bidding procedures. The Town Clerk answered questions of
Council on legal publications for the last year. Speaking on the issue was Jorie
Dunlap of the Los Gatos Weekly and Terrence Donnelly the new owner of the
Los Gatos Times Observer. After further discussion, Mr. Carlson moved that due
to circumstances that both bids be rejected and new Request for Proposal be
prepared with detailed requirement the Town is requesting regarding community
service page and be sent to both newspapers. Mr. Ventura seconded. Carried
unanimously.
APPEAL GUADALUPE RUBBISH DISPOSAL
Mayor Daily stated appellant has requested continuance of this agenda item to
July 21, 1986. No one in the audience wished to speak on this matter. Mrs.
Benjamin moved request for continuance to the July 21, 1986 Council meeting
be granted. Mr. Ventura seconded. Carried unanimously.
APPEAL LOS GATOS CONVALESCENT HOSPITAL INC.
Mayor Daily stated the appellant has requested continuance of this public
hearing to July 21, 1986. No one in the audience wished to speak on this issue.
Mrs. Benjamin moved request be granted and continued this to July 21, 1986.
Mr. Ventura seconded. Carried unanimously.
APPEAL SECONDARY DWELLING UNIT (MC MANIS)
Mayor Daily stated the appellant and the Town Attorney has requested this item
be continued to August 4, 1986. Mrs. Benjamin moved request be granted and
continue this hearing to August 4, 1986. Mr. Carlson seconded. Carried
unanimously.
ZONE ORDINANCE AMENDMENT A-86-3 NUMBER OF BMP UNITS
Mayor Daily stated due to the lengthy agenda for tonights meeting, this item will
be considered at a continued Council meeting to be held July 14, 1986. Mrs.
Benjamin moved to continue this item to July 14, 1986. Mr. Carlson seconded.
Carried unanimously.
ZONE ORDINANCE AMENDMENT A-86-2 MAXIMUM HEIGHT OF
RESIDENTIAL STRUCTURE
Mayor Daily stated due to the lengthy agenda for tonights meeting, this item will
be considered at a continued Council meeting on July 14, 1986. Mrs. Benjamin
moved to continue this item to July 14, 1986. Mr. Carlson seconded. Carried
unanimously.
BID AWARD PROJECT 323 SHANNON ROAD SAFETY IMPROVEMENTS &
PROJECT 324 HICKS ROAD SAFETY IMPROVEMENTS
It was noted that only one bid was received for Project 323, Shannon Road
Safety Improvements and Project 324, Hicks Road Safety Improvements. The
Town Engineer, Ronald Zapf, answered questions of Council regarding the
receipt of only one bid. After further discussion, Mr. Carlson moved to award the
contract to Norman B. Houge, Inc., in the corrected amount of $72,104.25; and
authorize the Mayor to sign the contract on behalf of the Town. Mrs. Benjamin
seconded. Carried by a vote of four ayes. Mr. Ventura voted no because there
was no competitive bid on Project 323.
BID AWARD PROJECT 327 STREET RESURFACING
It was noted four bids were received ranging from $183,732.30 to $210,887.26.
There was discussion on this bid. Mr. Carlson moved to award the contract to
Piazza Construction in the amount of $183,732.30 and authorize the Mayor to
sign the contract on behalf of the Town. Mrs. Benjamin seconded. Carried
unanimously.
BID AWARD PROJECT 316 BLOSSOM HILL RD. PEDESTRIAN/BICYCLE
PATH IMPROVEMENTS
It was noted bids were received in the amount of $68,339.00 and $74,444.44.
The Town Manager explained in order to fund this Project, it is recommended
that Council authorize a supplemental appropriation from Gas Tax in the amount
of $76,000.00. Mr. Carlson moved to continue this bid award until after the
approval of the budget. Mr. Ferrito seconded. Further discussion was held
whereby Mr. Ferrito withdrew his second. Motion died. Mrs. Benjamin moved to
award the bid to Norman B. Houge, Inc., in the amount of $68,339.00; authorize
the supplemental appropriation of $76,000.00. Mr. Ventura seconded. Carried
by a vote of four ayes. Mr. Carlson abstained stating he is for the project but
does not feel Council should award the bids before they fund them. Mrs.
Benjamin stated her intent is to see that this project is accomplished and will
make sure it is in the budget.
WRITTEN COMMUNICATIONS (referral/file)
a.Letter received from Alan Pare regarding development of Johnson Hollow
Tract 7660. Mrs. Benjamin moved letter be referred to the Town Manager for
response. Mr. Carlson seconded. Carried unanimously. Mr. Ferrito stated when
response is made it should address each concern that is stated in the letter.
b.Letter from Larry Arzie regarding the Parking Assessment District in the
downtown area. Mrs. Benjamin moved to refer this letter to the Town Manager
for a report at the July 21, 1986 meeting. Mr. Carlson seconded. Carried
unanimously.
c.Letter received from Joseph Denicola and Cynthis Furze requesting
Council to adopt a waste reduction program of 25% or more over the next five
years in Los Gatos. Mrs. Benjamin moved to refer this request to the Town
Manager for a report at the July 21, 1986 meeting. Mr. Carlson seconded.
Carried unanimously.
d.Letter from Madame Yvette regarding the gasoline fumes and noisy cars.
Letter was noted and filed.
SCHEDULE OF PUBLIC HEARINGS
Informational report on upcoming scheduled public hearings.
PLANNING COMMISSION/DEPARTMENT MONTHLY REPORT
Council informational report.
COUNTY REFERRALS
Mrs.Benjamin moved to accept staff recommendations on the following:
2080-35-50-84DR-84G-85GV-86GA Lot 9 tract 5502
Arnerich Hill Road Westfall Engr., Inc./Home Federal Savings and Loan
Recommend that the issues as listed in Planning report be resolved and plans
revised prior to approval of this application.
Mr. Carlson seconded. Carried unanimously.
PARKING COMMISSION ACTIVITY REPORT
Parking Commission Activity Report #40 for Council information.
NOTICE OF COMPLETION
Mrs. Benjamin moved to authorize the Mayor to execute and the Town Clerk to
record a Notice of Completion and Certificate of Acceptance for Tract 7635 -
Malibu Medical Center at National and Carlton Avenue. Mr. Carlson seconded.
Carried unanimously.
CABLE TV COMPLAINT (ANAWALT)
Mr. Ferrito referred to letter of complaint and questioned reason staff has not
answered questions of Mr. Anawalt's complaints and felt staff should look at
Town's Franchise Agreement and suggested the Managers of Monte Sereno and
Los Gatos review this. No further action was taken at this time.
DAMMIT RUN REQUEST
Mr. Ventura moved, on suggestion of Town Manager, that this item be continued
to July 14, 1986 continued meeting. Mr. Carlson seconded. Carried
unanimously.
UTILITY POLE WITHIN CURB RETURNS
Council informational report.
306 LOS GATOS BOULEVARD REQUEST FOR GUARDRAIL (BUCCI)
Mrs. Benjamin moved to confirm the guardrail installation at 306 Los Gatos
Boulevard and approve an appropriation from the General Fund Appropriated
Reserve in the amount of $1,900.00, for the cost of signal head modification work
t Saratoga Avenue and Los Gatos Boulevard. Mr. Carlson seconded. Carried
unanimously.
YOUTH SCIENCE INSTITUTE 10K RACE
Mrs. Benjamin moved to approve the request of the Youth Science Institute to
hold the third annual 10-Kilometer run on Sunday, September 14, 1986. Mr.
Carlson seconded. Carried unanimously. The race will start at 8:30 a.m. until
9:45 p.m. Included in the conditions for approval of final plans are the
requirements that the applicant provide a Hold Harmless Agreement and Special
Event insurance coverage naming the Town as other insured in the amount of
one million dollars. Four officers will be required for traffic control at a three-hour
minimum per officer plus staff planning for a total of $307.06 to be paid by
sponsor.
NEIGHBORHOOD CENTER LEASE AGREEMENTS
Mrs. Benjamin moved for adoption of Resolution No. 1986-85 entitled, A
RESOLUTION AUTHORIZING THE TOWN MANAGER TO ENTER INTO
LEASE AGREEMENTS WITH NEIGHBORHOOD CENTER TENANTS. (San
Jose State University Health Place; Senior Coordinating Council; The Teen
Health Place, Inc.; and Transit Assist for the Fiscal year 86/87). Mr. Carlson
seconded. Carried unanimously.
SETTING HOURLY EMPLOYEE SALARIES FOR FY 1986-87
Mrs. Benjamin moved for adoption of Resolution No. 1986-86 entitled, A
RESOLUTION SETTING HOURLY EMPLOYEE SALARIES FOR FISCAL YEAR
1986-87. Mr. Carlson seconded. Carried unanimously. This resolution sets the
salaries for Deputy Treasurer, Library Aide II, Library Aid I, Library Page, Transit
Driver, Transit Assist Scheduler, Interns, Maintenance Worker (Temp),
Neighborhood Center Aids, Crossing Guards and Student Workers.
CHUNG-HO SISTER CITY
Mrs. Benjamin moved for adoption of Resolution No. 1986-87 entitled, A
RESOLUTION AMENDING RESOLUTION NO. 1984-204 SELECTING CHUNG-
HO, TAIWAN, REPUBLIC OF CHINA AS A SISTER CITY TO THE TOWN OF
LOS GATOS. Mr. Carlson seconded. Carried unanimously.
CDBG AGREEMENTS
Mrs. Benjamin moved for adoption of Resolution No. 1986-88 entitled, A
RESOLUTION AUTHORIZING THE TOWN MANAGER TO NEGOTIATE AND
EXECUTE AN AGREEMENT WITH FISCAL YEAR 1986-87 COMMUNITY
DEVELOPMENT BLOCK GRANT RECIPIENTS, (Agreements will be negotiated
with Catholic Social Services of Santa Clara/Ombudsman Program; Community
Housing Developers; The Food Bank, Inc. of Santa Clara; Live Oak Adult Day
Services; Los Gatos Saratoga High School District; San Jose State University
Health Place; Senior Coordinating Council; and Teen Health Place, Inc.). Mr.
Carlson seconded. Carried unanimously.
M.O.U. TOWN EMPLOYEES ASSOCIATION
Mr. Ventura moved, on suggestion of Town Manager, to continue this issue to
the Continued Regular Meeting of July 14, 1986. Mr. Carlson seconded. Carried
unanimously.
M.O.U. AFSCME LOCAL NO. 101
Mrs. Benjamin moved for adoption of Resolution No. 1986-89 entitled, A
RESOLUTION APPROVING A MEMORANDUM OF UNDERSTANDING
BETWEEN THE TOWN OF LOS GATOS AND AFSCME LOCAL NO. 101. Mr.
Carlson seconded. Carried unanimously.
MINUTES JUNE 16, 1986
Mr. Ferrito requested rewording of the 7th sentence from the bottom of page 7 to
read, "But, because whether or not another freeway goes through Los Gatos is
not a matter of conscience, I don't think I should vote my personal vote on this.".
Mr. Ferrito moved minutes of June 16, 1986 be approved as amended. Mr.
Carlson seconded. Carried by a vote of four ayes. Mrs. Benjamin abstained.
She was absent from the meeting of June 16, 1986.
MINUTES JUNE 30, 1986
Mr. Carlson moved the minutes of June 30, 1986, be approved as submitted. Mr.
Ventura seconded. Carried unanimously.
PAYROLL & RELATED WARRANTS JUNE 20, 1986
Mr. Ventura moved the payroll for June 20, 1986 in the amount of $127,549.41
and related warrants in the amount of $115,769.13. Mr. Carlson seconded.
Carried unanimously.
PAYROLL & RELATED WARRANTS JULY 3, 1986
Due to questions raised regarding some figures on the July 3, 1986 payroll, Mr.
Carlson moved the approval be continued to the meeting of July 14, 1986. Mrs.
Benjamin seconded. Carried unanimously.
WARRANTS JUNE 1986
Mr. Carlson moved a portion of the warrants for June, 1986, in the amount of
$269,367.84 be approved as submitted. Mrs. Benjamin seconded. Carried
unanimously. It was also noted Mr. Carlson requested more detailed information
or description regarding warrants.
TREASURER'S REPORT
Mayor Daily stated Council was in receipt of the Town treasurer's report for May,
1986, and it would be noted and filed.
APPEAL GUADALUPE COLLEGE
Mayor Daily stated this was the time and place duly noted for public hearing to
consider the certification of an Environmental Impact Report and an appeal of
Planning Commission's decision denying Conditional Use Permit application U-
84-6 to operate a private school (university level) within existing school facilities
(Guadalupe College) in the (prezoned) Zone HR-5. Mr. Bowman stated the EIR
had been certified by the Planning Commission so that all that is before Council
tonight is the appeal of the denial of Conditional Use Permit Application U-84-6.
Mr. Bowman then answered questions of Mr. Ventura regarding parking lot and
roadway to the property. Mr. Bowman stated if Council approves the project,
Planning recommends not only the preparation of a resolution, but Council must
also consider statement of overriding considerations as the EIR has made
recommendations against the project on various stages. Any referral for
preparation of resolution will need the facts Council is using as the basis for
overriding considerations. Mr. Ferrito referred to the fact that two years ago
Council reaffirmed three main conditions concerning use of Guadalupe College.
1) access from highway 17; 2) no additional building be permitted on site; and 3)
the applicant provide a permanent open space dedication of some type to the
Town and/or Midpeninsula Open Space District of all the land not currently
occupied by buildings. There were questions if Council still maintained the three
conditions and if they would be placed on the Conditional Use Permit. Mr.
Bowman answered yes. Sister Laurien Brady, Treasurer of the Sisters of
Charity, spoke on wasted resources and costly expense on maintenance of the
unused property of Guadalupe College. This property has been vacant since
1968 and there have been many potential buyers. Mr. Bedolla, Agent for the
Sisters of Charity, spoke on world wide interest and referred to the potential
buyers of property. He thinks the Planning Commission erred in their decision in
that they indicated there was some geological instability of the proposed access
road; it was dangerous access and egress to and from highway 17 onto this
access road; and Foster Road is not a viable road or access to the college. He
named various roads around Lexington area that are very instable and have
geological maps showing this. Access road built 25 years ago up to Guadalupe
College is very stable. Mrs. Benjamin questioned parking spaces. Mr. Bedolla
could not give exact number but feels its at least 40 spaces. Mr. Keith Pritchard,
Attorney for the Sisters of Charity, stated he is here to address the legal issues
this appeal imposes upon the applicant. He is here to urge Council to consider
that the determination by Planning Commission should be overruled and
modified. Mr. Pritchard referred to the Planning Commission's decision whereby
Planning feels project detrimental to public safety and welfare. He feels the EIR
speaks for itself; the applicant is committed to construction of the back road that
will take approximately four months; the back road, upon construction of the
interchange, would be the sole access to the college; Foster Road would be
close at that junction; parking spaces, potentially could be as high as 60 spaces,
on the paved portion as it now exists; and the main thing is to agree completely
with the EIR. Overriding consideration could be simply with respect to traffic and
only right turns be permitted on highway 17. If there are adverse environmental
impacts they may either be mitigated or there's no way to mitigate them, then
Council has to have statement overriding concerns. Mr. Pritchard answered
questions of Council regarding time for construction of interchange on Highway
17 and spoke on costly maintenance of vacant lots. Mrs. Benjamin stated any
approval would be on conditions that Council set that would be approved by the
staff. It was noted the back road to be constructed to Alma Bridge Road would
be a private road and the access to and from Guadalupe College. MJr. Pritchard
stated the client will accept the back road as sole access to Guadalupe College
if he would be granted a permit to do so. Discussion was held as to number of
students that will attend the college. It was noted there would be maximum of
400 students, 30 faculty members and 17 staff members. Council asked Mr.
Pritchard if his client would be willing to accept restricted hours of truck service
and delivery from outside vendor and to accept a condition of annexation to the
Town. Mr. Pritchard stated his client would accept those conditions. Discussion
was held on applicant paying a share in building the interchange. Mr. Pritchard
stated he could not speak for client but feels money is allocated by state for
Caltrans to build the interchange and no individual has been asked to contribute.
Voicing their concerns at this hearing were Kathy Anderson; Paul Rosen; Mrs.
Mettlebrook, representative of Safe on 17; Charles Dobbs; Mrs. Jo Bartlett;
Marilyn Dilles; Eric Hanson; John Thompson; and Ann Atkinson. No one else
from the audience wished to speak on this issue. Mr. Ferrito moved hearing be
closed. Mrs. Benjamin seconded. Carried unanimously. Mr. Ferrito stated, "the
decision tonight is not whether to build the facility. Its already there and the
proposed use discussed tonight is as close to the original use as we can possibly
get. The Town previously has opposed a proposal for a semiconductor training
center which was approved by the County to be conducted on Black or Bear
Creek Road and Council was concerned of a facility like that effecting safety on
highway 17. The County approved that so I feel the Safe on 17 group should
protest to the Board of Supervisors.:. Consensus motions on project are as
follows: Mr. Ferrito moved the Conditional Use Permit be granted subject to
certain conditions. Mr. Ventura seconded. No vote on motion whereby Mr.
Ferrito stated that the three conditions are affirmations of Council's previous
actions of: 1) access to the college from Route 17 only and not from College
Avenue or Foster Road; 2) No additional buildings permitted on site; and 3)
Applicant must dedicate permanent open space and/or fee simple interest to the
Town and Mid Peninsula Open Space District of any land not now permanently
occupied by buildings. No vote on motion. Mr. Carlson stated his position is of
addressing the environmental impact is not sufficient at the current time. The
mistake was made by bringing this to Council at this time and not going back to
the DRC. There was further discussion and consensus of Council to vote on
each condition separately.
Mr. Ferrito restated his motion to grant the Conditional Use Permit subject to
access to the Guadalupe College only from Route 17 and not College Avenue or
Foster Road. Mrs. Benjamin seconded. Carried unanimously.
Mr. Ferrito moved that no additional buildings will be constructed on the site.
Mrs. Benjamin seconded. Carried unanimously.
Mr. Ferrito moved that applicant dedicate permanent open space easement and/
or fee to the Town and Mid Peninsula Open Space District in accordance with
some subsequent agreement between the Town and Mid Peninsula Open Space
District of all land not occupied by buildings. Mr. Ventura seconded. Carried
unanimously.
Mrs. Benjamin moved that students at college would not own or park any
vehicles for use on the site. Mr. Ventura seconded. Carried unanimously.
Mrs. Benjamin moved that visiting hours would be restricted to designated times
on weekends. Mr. Ventura seconded. Carried unanimously.
Mrs. Benjamin moved that only vans, supplied by the University, would be
operated on a schedule basis at designated locations from Los Gatos. Mr.
Ferrito seconded. Carried unanimously.
Mrs. Benjamin moved that restricted delivery service to the university be between
10:00 a.m. to 2:00 p.m., Monday through Friday only and only single body trucks
used until the interchange is completed. Mr. Ferrito seconded. Carried
unanimously.
Mr. Ventura moved to have staff look into limitations and restriction of deliveries
on weekends and holidays. Access road to be constructed would be a private
roadway and would include indemnification to the Town for any liability as a
result of the design, construction, maintenance, etc. Mr. Ferrito seconded.
Carried unanimously.
Mr. Ventura moved the applicant provide a landscape plan for all new and
existing parking lots subject to review and approval of the Director of Parks,
Forestry and Maintenance Services. Mr. Ferrito seconded. Carried
unanimously.
Mr. Ventura moved that staff set a condition regarding color of building be such
that it will blend in harmoniously with the hillside. Subject to the satisfaction of
the Planning Director. Mr. Ferrito seconded. Carried unanimously.
Mr. Ferrito moved to have staff put together a list of conditions which would
incorporate landscaping, color, health, safety, utilities, etc. and come back with
presentation to Council regarding their impact. Mrs. Benjamin seconded.
Carried unanimously.
Mr. Ventura moved to set maximum number of students at 400, 30 faculty
members, 17 staff members and these be made part of the Conditional Use
Permit. Mr. Ferrito seconded. Carried unanimously.
Mr. Ventura moved that staff contact Caltrans to determine what can be done to
alleviate safety problems at the intersection of Alma Bridge Road and Highway
17. Discussion was held on contribution by applicant to Caltrans for interchange
on Highway 17. Mr. Ventura moved to amend previous motion to include the
following, staff review information and make recommendation to Council
regarding contribution from the applicant for study of the interchange or actual
cost of the interchange. The intent being Council wishes this money used to help
facilitate the earliest possible construction of that interchange on an equitable
basis. Mayor Daily seconded. Carried unanimously.
Mr. Ventura moved for consensus from Council on two alternatives available for
construction of the road. One through Novitiate Open Space area and the other
through Lime Kiln Canyon Road. After discussion requested staff to recommend
which one best conforms to the roadway standards as set forth in Town Hillside
Plan. Mr. Ventura withdrew his motion.
Mrs. Benjamin moved that staff study and give Council a recommendation
regarding construction of access road to the college as stated above. Mr. Ferrito
seconded. Carried by a vote of four ayes. Mr. Ventura voting no. He feels the
Lime Kiln Canyon Road alternative is the one that should be selected based on
information Council has available to them.
Mr. Carlson moved to place conditions on the number of events to be held on
campus and require Council approval for each event as is required for use of
Town parks, as these events would cause a major traffic impact. Mr. Ferrito
seconded. Carried unanimously.
Mayor Daily stated this establishes the conditions. Next is to make findings
where the Planning Commission erred. Mr. Ferrito moved Council finds the
Planning Commission erred in that it did not consider the fact that the Hillside
Plan calls for a back roadway linking the facility to Highway 17 and that it ignored
the Town's long standing policy regarding access to facility. Mr. Ventura
seconded with amendment to motion that the Planning Commission erred in not
giving due consideration to Lime Kiln Canyon Road area for construction of
access road to facility. Carried by a vote of four ayes. Mr. Carlson voted no. He
opposed motion because the Planning Commission did consider these things
when they voted for the General Plan. He also believes motion is incorrect and
would like it to be stated incorrect in the record. It does not respect any kind of
action, so it is also probably an illegal motion because findings are based on
some action you want to take. Mayor Daily moved to recommend that if there
are any other findings regarding Planning Commission errors that the Town
Attorney deems appropriate then they should be added to the resolution for
Council consideration. Mrs. Benjamin seconded. Carried by a vote of four ayes.
Mr. Carlson voting no. Mr. Bowman stated conditions as worded right now do
not meet the requirements of the EIR for approving the project so will have to
come back with a greater specification based on what was said. It will be
necessary to reopen the hearing, continue to a date certain, allowing staff to
come back with information regarding findings and statements overriding
consideration. Mr. Ferrito stated that with conditions Council has suggested, look
into EIR and pick out the mitigation measures that are associated with the
decision Council made. He wants to make sure there is no automatic approval of
this use without Council's conditions. Mr. Pitchard spoke on the delay of
adoption of conditions and like to urge Council consideration as soon as
possible.
Mrs. Benjamin moved hearing be reopened and continued for 45 days and be
heard on September 2, 1986. Mr. Ferrito seconded. Carried unanimously.
RECESS
Mayor Daily declared a recess. Meeting reconvened at 11:10 p.m.
PUBLIC HEARING BUDGET 86/87
Mayor Daily stated this was the time and place duly noted for public hearing to
consider the Town Budget for fiscal year 1986/87. Mr. Carlson moved by
consensus motion that Council allocate from the General Fund Reserve into the
Community Service Project along with revenue sharing money enough to insure
enough money equal to last years allocation of $109,000.00. This will insure the
agencies this amount is available and distribution of said monies to various
organizations will be done at a later date and public hearing will be scheduled for
that purpose. It was also noted that Service Organizations, Cultural groups, and
Boards and Commissions will be funded separately. Mr. Ferrito seconded.
Carried by a vote of four ayes. Mr. Ventura voted no, due to his concern on lack
of designation of those funds. Speaking to Council regarding request for funds
was: Kathy Tuttle, representing Los Gatos Centennial Committee spoke on
request for $20,000 funding by the Town. She stated this is a on time funding
request and will not be an ongoing community service. The Centennial year is
1987 and plans for celebration commences January 1987. She spoke on funds
raising events that have been held. Emma Vargo also spoke on the Los Gatos
Centennial funding request. Mike Abkin, Chairman of Community Services
Commission, referred to their recommendation on request for funding. Mary
Alice Blice thanked Council for their consideration in approving funding for
Human Services and non-profits. She was informed that individual requests for
allocated funds would be at a later date in the near future. Dale Chambers,
Chairman of Sister City committee, spoke on some necessary funding of $200.00
due to delegation from Sister City Chung-Ho, Taiwan, arriving and need for this
money to cover some expenses. Town Manager discussed procedures
regarding expenditures at end of fiscal year. Tim Petersen, representing the
Chamber of Commerce, spoke on request for Christmas lights to be installed on
N. Santa Cruz Avenue, north of Saratoga Avenue. The Chamber has raised
money for the lights and are requesting that the town workers install lights at cost
of $10,000 for labor and materials. Mr. Bryant, Director of Parks Forestry and
Maintenance explained procedure of installation stating there would be $8,000
cost of materials and $2,000 for labor. Patty Wilson commended Council on their
decision to allocate funds for the various organizations. No one else from the
audience wished to speak. Mr. Ventura moved public hearing be closed. Mr.
Carlson seconded. Carried unanimously.
CONTINUE MEETING PAST MIDNIGHT
Mr. Ferrito moved Council meeting be continued past midnight to consider
balance of the agenda. Mr. Carlson seconded. Carried unanimously.
PUBLIC HEARING BUDGET 86/87 (CONTINUED)
Mayor Daily stated they would now consider the 86/87 budget by voting to
approve or deny recommendations as noted in preliminary budget.
The Town Council Budget in amount of $36,277, (noting a 3% decrease). Mr.
Ventura moved approval of Council budget. Mrs. Benjamin seconded. Carried
unanimously.
Town Treasurer Budget. The Town Manager spoke on areas of increase in
proposal. Discussion was held on increase of wages for Deputy Clerk. Noting
overall budget is a requested 53% increase. Continued to end of budget hearing.
Town Clerk Budget. The total budget of $148,875 which includes l/2 time Deputy
Clerk. Mr. Ferrito moved for approval of the Town Clerk budget noting this is less
than 2% increase. Mr. Ventura seconded. Carried unanimously.
Town Attorney Budget. The total budget of $213,600 which includes an
additional 1/2 time Law Clerk. The Manager stated during budget work session it
was suggested some litigation be deleted from Town Attorney's Budget. She
suggested that $25,000 be taken from Attorney's budget and put it in General
Town Administration or, delete that amount and take from appropriated reserve
at the proper time. Mr. Carlson moved to delete $25,000 and take from
appropriated reserve as needed. Mr. Ferrito seconded. Mr. Ventura feels should
be placed in General Town Administration. After further discussion Mr. Ferrito
withdrew his second. Motion died. Mr. Ventura moved to take the $25,000 and
put it into General Town Administration. Mr. Ferrito seconded. Carried by a vote
of three ayes. Mr. Carlson and Mrs. Benjamin voted not and record to show that
no need to put into General Town Administration if it is not needed. Total budget
will be $188,600.
Town Manager Budget. The Manager referred to budget stating $32,125 would
be deleted. Increases in personnel would be Finance Administrator and 1/2 time
intern. Request for three new terminals throughout Town operation, one for
Attorney's secretary, one for Managers secretary and one for Planning. Mrs.
Benjamin questioned looking into a complete overhaul of computer system.
Manager feels when there is a crunch on to get work out the terminals are
needed. Mr. Ferrito moved for approval. Mrs. Benjamin would move for
approval of Finance Director and three terminals but not the intern. Mayor Daily
seconded. Mr.Ferrito's motion of approval. Mr. Carlson stated he does not see
enough indication to justify the increase expenditure and would like to see
indicators for extra expenditures. Mr. Carlson asked Mr. Ferrito if he would be
willing to add to motion that there be performance and workload indicators for
this position as set forth by the Manager. Mrs. Benjamin cannot support motion
because it includes a 1/2 time intern with the increased service level without
knowing what the service levels will be and can not spend $8,000 for that. Mr.
Ventura cannot support motion. He is not convinced given the existing positions
authorized in terms of assistant Manager to add new personnel. Mr. Carlson
voted no. He agrees with Mrs. Benjamin. Motion fails. Mr. Ventura moved for
approval of intern. Motion fails due to lack of second. Mrs. Benjamin moved for
approval of Financial Director. Mr. Ferrito seconded. Carried by a vote of three
ayes. Mr. Carlson and Mr. Ventura voting no. Mrs. Benjamin moved for approval
of three terminals. Mr. Ventura seconded. Carried unanimously. Mr. Ventura
moved for approval of intern. Mr. Ferrito seconded. Carried by a vote of three
ayes. Mr. Carlson and Mrs. Benjamin voted no. Total budget $410,752.
Elections Budget. Mr. Ferrito moved for approval of Election Budget in amount of
$5,000.00. Mrs. Benjamin seconded. Carried unanimously.
General Town Administration Budget. General Town Administration budget in
the amount of $891,626 which includes $200,000. cost for review of computer
system. The Manager reported on the review of computer system. Discussion
was held and Mr. Ventura moved to put $200,000 into equipment reserve for
computer study and future equipment acquisition. Mr. Carlson seconded. After
further discussion, Mr. Carlson withdrew his second. Motion died. Mr. Carlson
moved to put $200,000 back into the General Fund Reserve. Mrs. Benjamin
seconded. Carried unanimously. Total budget is $691,626.
Insurance Budget. Mr. Carlson moved for approval in the amount of $230,000.
Mrs. Benjamin seconded. Carried by a vote of four ayes. Mr. Ventura was
absent.
Emergency Services Budget. Mr. Carlson moved for approval in the amount of
$3,000. Mrs.Benjamin seconded. Carried by a vote of four ayes. Mr. Ventura
was absent.
Planning Department Budget. The Manager spoke on the programs stating
increase is a secretary from 1/2 time to full time and some files. Mr. Carlson
moved for approval of entire Planning Department Budget in the amount of
$450,161. Mrs. Benjamin seconded. Carried unanimously.
Building Department Budget. The Manager stated only increase would be 5/8
time secretary to full time. Mr. Ventura moved for approval of entire Building
Budget in the amount of $221,980. Mr. Carlson seconded. Carried unanimously.
Engineering Department Budget. Mr. Carlson noted this budget is same level of
service for less money and moved to approve the Engineering Department
Budget in the amount of $625,499. Mr. Ferrito seconded. Carried unanimously.
Police Department Budget. Mr. Carlson stated it doesn't show, but the Town is
actually getting better service for less money, and moved for approval of Police
Department Budget in total amount of $3,456,725. Mr. Ventura seconded.
Carried unanimously.
Library Department Budget. The Manager stated only increase is Video
Cassette Program. Mr. Carlson moved for approval in the total budget amount of
$706,570. Mr. Ventura seconded. Carried by a vote of four ayes. Mrs.
Benjamin voting no as we already have several private enterprises in Town
which provide the same service and does not feel it should be duplicate.
Parks Department Budget. The Manager stated the only increase is Temporary
Park Ranger. Discussion was held on Downtown Parking Program fund. Mr.
Carlson moved for approval of Parks, Forestry, and Maintenance Budget in the
amount of $2,652,726. Mrs. Benjamin seconded. Carried unanimously.
Community Services Budget. The Manager stated the only changes are the
deletion of "Director" and creation of "Program Manager"; reduction of 25%
Clerical; and creation of Historical/Arts Coordinator. Discussion was held on
allocating funds to the Arts Commission and Youth Advisory Commission. Mr.
Carlson stated in modifying this budget he moved to allocate the Arts
Commission and Sister Cities Commission $500.00 each for operations that they
can recommend how its spent; allocate 500.00 for Community Services
Commission; and $500.00 for Youth Commission. These amounts to be used for
basic operations and not events. Mr. Ferrito seconded. Carried unanimously.
Mr. Carlson moved allocation of $20,000.00 for Centennial Committee. Mr. Daily
seconded. Carried by a vote of two ayes. Mrs. Benjamin, Mr. Ferrito and Mr.
Ventura abstained. Mr. Carlson moved to allocate $81,750.00 fund various
organizations. Mr. Ferrito seconded. Carried unanimously. Mrs. Benjamin
stated that out of $81,750.00 she would like to see a distinction between Art and
Cultural versus other Human Services. She doesn't feel they should compete.
Mrs. Benjamin moved for approval of the budget for Community services. Mr.
Carlson seconded. Carried unanimously.
Downtown Parking Authority Budget. Mr. Carlson moved approval of budgeted
amount of $73,448, subject to conditions. Mrs. Benjamin seconded. Carried
unanimously.
General Fund Reserve Budget. Mr. Carlson moved for approval in the amount of
$100,000. Mrs. Benjamin seconded. Carried unanimously.
Revenue Sharing Budget. Mr. Carlson moved for approval of the Revenue
Sharing Budget in the amount of $39,118.00. Mrs. Benjamin seconded. Carried
by a vote of four ayes. Mr. Ferrito abstained.
Mayor Daily left the meeting at 12:45 a.m. Vice-Mayor Ventura took the Chair.
Equipment Reserve Budget. Mr. Carlson moved for approval in the amount of
$263,030. Mr. Ventura seconded. Carried by a vote of four ayes. Mayor Daily
was absent.
Worker's Compensation Budget. Mr. Ferrito moved for approval in the amount of
$119,372.00. Mr. Carlson seconded. Carried by a vote of four ayes. Mayor
Daily was absent.
Debt Services Budget. Mr. Carlson moved for approval in the amount of
$112,515.00 for outstanding bonds. Mr. Ferrito seconded. Carried by a vote of
four ayes. Mayor Daily was absent.
Capital Improvements Budget. Due to absence of Mayor Daily, Mr. Ferrito
moved to continue adoption of Capital Improvements Program to July 14, 1986.
Mrs. Benjamin seconded. Carried by a vote of four ayes. Mayor Daily was
absent.
Mr. Carlson moved to add a performance indicator that within six months we
have these indicators complete and have the new indicators. Mrs. Benjamin
seconded. Carried by a vote of four ayes. Mayor Daily was absent.
Town Treasure's Budget. The Manager gave new figures for said budget as
follows:
Personnel - $16,550.00. Treasurer salary and Deputy Treasurer.
Capital Equipment - $525.00. Bookcase, credenza and typing table.
Benefits - $2,708.00.
Materials - $6,595.00. Includes bond payments.
Mr. Carlson moved for approval of above figures. Mrs. Benjamin seconded.
Carried by a vote of four ayes. Mayor Daily was absent.
Adoption of Resolution adopting the 86/87 budget and resolution setting the
86/87 appropriation limit will be continue to July 14, 1986 meeting.
REZONING BROADWAY
Mr. Ferrito moved to refer desk item of a petition requesting rezoning of
Broadway to the Planning Commission for report. Mrs. Benjamin seconded.
Carried by a vote of four ayes. Mayor Daily was absent.
DOWNTOWN CRUISERS
Nick Frank, 135 Apricot Lane, co-owner of Bare Escentuals on N. Santa Cruz
Avenue, spoke on problems brought on by cruisers downtown. He wished to
make Council aware of various problems and propose some sort of ad hoc
committee that would meet on a regular basis to try to solve the problems.
Discussion was held on this. Mr. Carlson stated the Town has tried every thing
and welcomes any suggestion and referred to amount paid police officers just to
handle this problem on weekends. Mr. Frank suggested plain clothes police
officers instead of uniform personnel; have ad hoc committee to work with Police,
and Attorney and other Town departments; and meet regularly to keep on top of
this problem. It was noted that the newspapers have not been helpful in their
press notices regarding cruisers. Diane Richardson, 99 Los Gatos Boulevard,
co-owner of Bare Escentuals also spoke on the problem. Also speaking was
Mina Fowler, owner of Idamina's, stating she feels we have too much control and
the less said about it the better. Chris Benson, co-owner of CB Hannegan's,
feels there is a lot of overreaction. Closing Highway 17 incoming ramp is fine but
don't close the other end at Bachman. He suggested using the diverters for 1/2
hour to hour at a time and extension of no parking on N. Santa Cruz Avenue until
9:00 p.m. Closing both ends stops anyone coming downtown to shop. Chief of
Police, Frank Acosta, spoke on use of plain clothes officers but feels the visibility
of uniformed officers will deter some of the conduct that is offensive but not a
violation. Mr. Ferrito moved for adoption of Resolution 1986-90 entitled,
RESOLUTION AMENDING THE RESOLUTION ON PARKING REGULATION
CONCERNING STOPPING, STANDING, PARKING PROHIBITED. Mrs.
Benjamin seconded. Carried by a vote of four ayes. Mayor Daily was absent.
Mr. Stanley, from the audience, feels not all cruisers are bad and spoke on the
harassment of the youth. Vice-Mayor Ventura asked Mr. Stanley to leave his
name with the Police Chief and then he can be invited to attend these meetings
being planned. Mr.l Carlson moved to authorize the Chief to meet with
merchants committee twice a week until problem is solved. The committee is to
include the Chief and any member of the public that interested in helping to solve
the problem of cruisers. The committee is to meet twice a week, once before
weekend to decide what action to take and after weekend to see what worked.
Mrs. Benjamin seconded. Carried by a vote of four ayes. Mayor Daily was
absent.
CONSOLIDATION OF NOVEMBER ELECTION
Mr. Carlson moved to modify Section 5 of the proposed resolution eliminating
any charges for printing, handling statement of qualifications in conjunction with
the November 4, 1986 election of Council members and adopt revised
Resolution No. 1986-91 entitled, RESOLUTION OF THE TOWN OF LOS
GATOS ORDERING AND CALLING A GENERAL MUNICIPAL ELECTION TO
BE HELD IN THE TOWN OF LOS GATOS ON NOVEMBER 4, 1986;
REQUESTING THE SERVICES OF THE REGISTRAR OF VOTERS;
REQUESTING CONSOLIDATION OF ELECTION AND SPECIFYING CERTAIN
PROCEDURES FOR THE CONSOLIDATED ELECTION; DETERMINING TO
LEVY THE COST OF CANDIDATE'S STATEMENT; AND, PROVIDING FOR
GIVING NOTICE OF ELECTION. Vice-Mayor Ventura seconded, Carried by a
vote of two ayes. Mrs. Benjamin and Mr. Ferrito abstained and Mayor Daily was
absent.
SISTER CITY COMMITTEE 1986-87 FUNDS
Mr. Carlson moved to approve the request for Fiscal Year 1986-87 funding of
$200.00 to defray the costs of a recognition dinner for the sister City delegation
from Chung-Ho, Taiwan. Mr. Ventura seconded. Carried by a vote of four ayes.
Mayor Daily was absent. This money will be deducted from the $500.00 funding
to the Sister City Committee.
ADJOURNMENT
The Town Attorney stated meeting be adjourned to Closed Session July 14,
1986, to discuss acquisition of Boyle property at 20 Grays Lane and discuss
labor relations. Vice-Mayor Ventura declared the meeting be adjourned at 1:47
a.m. on Tuesday July 8, 1986.
ATTEST:
Rose E. Aldag
Town Clerk