M 03-16-87TOWN OF LOS GATOS CALIFORNIA
TOWN COUNCIL/PARKING AUTHORITY AGENDA
MARCH 16, 1987
TOWN COUNCIL
The Town Council/Parking Authority met in the Council Chambers of the Town
Hall at 7:35 p.m. in regular session.
ROLL CALL
PRESENT:Eric D. Carlson, Thomas J. Ferrito, Robert L.Hamilton and
Mayor Brent N. Ventura.
ABSENT:Joanne Benjamin.
PLEDGE OF ALLEGIANCE
Given by all in attendance.
CLOSED SESSION REPORT
Town Attorney Levinger, reported on closed session that was held prior to
tonight's meeting, stating pursuant to Government Code Section 54956.9 (c)
discussion was held on the institution of litigation against electrical contracting
firms whereby Council indicated that it would precede to remain in law suit to be
filed by the Attorney General. This also effects item 44 and action on that will be
taken when it comes up on the agenda.
BID AWARD THREE 1987 4/WHEEL DRIVE VEHICLES
It was noted bids were received from Mission Valley Ford and Swanson Ford-
Isuzu for the purchase of three 1987 four-wheel drive vehicles. Director of Parks,
Forestry and Maintenance, Robert Bryant answered questions of Council on the
cost being more than was budgeted. He stated that totals would not go over the
equipment reserve budget, as other equipment purchased has not cost as much
as was budgeted so it balances out. After further discussion Mr. Ferrito moved to
award the bid to Mission Valley Ford i the amount of $41,452.57. Mr. Carlson
seconded. Carried by vote of four ayes. Mrs. Benjamin was absent.
BID AWARD-HVAC MAINTENANCE AGREEMENT
It was noted four bids were received ranging from low bid of $1,540.00 to
$5,920.00. Mr. Bryant explaining the maintenance contract that is expiring has
been in place for a period of four years at a monthly cost of $1,020.00. The
proposed contract is for a two year period and the increased contract costs for
the new maintenance and repair agreement are attributed to the age of heating,
ventilating and air conditioning components and labor and materials cost
increases over the past four years. After further discussion Mr. Carlson moved to
award the bid to the low bidder Honeywell Inc./Building services Division, in the
amount of $1,540.00 monthly. Mr. Ferrito seconded. Carried by vote of four
ayes. Mrs. Benjamin was absent.
BID AWARD LOADER BACKHOE
It was noted seven bids were received ranging from low bid of $32,193.00 to
$61,314.44 for the purchase of a loader backhoe. Council questioned staff
recommendation to reject all bids and to readvertise for said purchase. Mr.
Bryant answered questions of Council stating he feels that specifications as
prepared by staff actually exceeds size requirements determined advisable for
multi-function use within the Town's maintenance division and explained the
need for associated equipment. Speaking on this issue was Mr. Buxton, of the
Case Power & Equipment Co. (low bidder for this equipment). After further
discussion Mr. Carlson moved to accept staff recommendation and reject all bids
submitted and direct staff to readvertise for bids to purchase a Loader-Backhoe.
Mr. Ferrito seconded. Carried by vote of four ayes. Mrs. Benjamin was absent.
PROJECT 8605 SARATOGA AVENUE MEDIAN LANDSCAPE
It was noted that four bids were received ranging from low bid of $167,340.00 to
$238,219.50 for the landscaping of Saratoga Avenue Median. After further
discussion Mr. Ferrito moved to award the bid to Munkdale Brothers Inc., in the
amount of $167,340.00; authorize the Mayor to sign the contract on behalf of the
Town; and authorize payment for this to come from the Gas Tax Funds and
Manager to report back to Council re the reallocation of some general fund
monies that have been allocated in the past. Mr. Carlson seconded. Carried by
vote of three ayes. Mr. Hamilton voting no. Mrs. Benjamin was absent.
WRITTEN COMMUNICATIONS (referral/file)
a. Letter from Los Gatos Bicycle Racing Club requesting permission to hold their
13th Cat's Hill Classic Bicycle Race on May 2, 1987 between 12:00 noon and
5:00 p.m.. Mr. Carlson moved to refer this to the Town Manager for report. Mr.
Ferrito seconded. Carried by vote of four ayes. Mrs. Benjamin was absent.
b. Letter from Arroyo Rinconada Homeowners Association requesting reduction
in filing fee for Planned Development Ordinance Amendment. Mr. Carlson
moved to refer this correspondence to Town Manager for response. Mr. Ferrito
seconded. Carried by vote of four ayes. Mrs. Benjamin was absent.
c. Letter from Dianne McKenna, Board of Supervisors, Santa Clara County
regarding the creation of the Santa Clara County Safety Authority for Freeway
Emergencies (SAFE). Mr. Carlson moved to refer this to the Town Manager for
report. Mr. Ferrito seconded. Carried by vote of four ayes. Mrs. Benjamin was
absent.
d. Letter from the Chamber of Commerce Centennial Art Committee and the Los
Gatos Lions Club Barbecue Committee requesting the use of Oak Meadow Park
on August 8 and 9 for a two day art show and barbecue centennial celebration.
Mr. Carlson moved to refer this to the Town Manager for response. Mr. Ferrito
seconded. Carried by vote of four ayes. Mrs. Benjamin was absent.
SCHEDULE OF PUBLIC HEARINGS
Council information report on upcoming scheduled public hearings.
COUNCIL CALENDAR OF MEETINGS
Council informational report.
COUNTY REFERRALS
Mr. Carlson moved to approve County Referral as follows:
3136-24-47-87B Black Rd. Lynn/Spears Single Family
residential building site No comment.
Mr. Ferrito seconded. Carried by vote of four ayes. Mrs. Benjamin was absent.
MARCH 13, 1987 PAYROLL
Mr. Carlson moved to approve the March 13, 1987 payroll in the amount of
$137,397.52 and related warrants in the amount of $119,222.57. Mr. Ferrito
seconded. Carried by vote of four ayes. Mrs. Benjamin was absent.
MARCH 1987 WARRANTS
Town Manager answered questions of Council re individual payments Mr.
Carlson moved for approval of the March, 1987 warrants in the amount of
$244,060.73. Mr. Ferrito seconded. Carried by vote of four ayes. Mrs. Benjamin
was absent.
CLAIM VERA HIRSCH
Mr. Carlson moved to accept staff recommendation and reject the claim of Vera
Hirsch for injuries suffered at the Loma Prieta School. Mr. Ferrito seconded.
Carried by vote of four ayes. Mrs. Benjamin was absent.
17020 LOS CERRITOS DRIVE (YUEN)
Mr. Carlson moved to accept staff recommendation and reaffirm Council's
determination with regards in not requiring an encroachment permit at the 17020
Los Cerritos Drive property. Mr. Ferrito seconded. Carried by vote of four ayes.
Mrs. Benjamin was absent.
FREEDOM RUN JEWISH COMMUNITY CENTER
Mr. Carlson moved to approve the request for the Freedom Run on Sunday, April
12, 1987, subject to the following:
1. Permission to hold the run in Vasona Park must be granted by Santa Clara
County Parks Department.
2. Sponsors to provide clean-up in the area of the event and route of the walk.
3. Adequate number of adult age monitors be provided along the route of travel,
to be coordinated with the Police Department.
4. Provide the Town with special event insurance coverage in the amount of one
million dollars. Town will be named as additionally insured.
5. Sign a "hold Harmless" agreement.
Mr. Ferrito seconded. Carried by vote of four ayes. Mrs. Benjamin being absent.
LOS GATOS FIRE BELL
Council informational updated report regarding the return of the Fire Bell.
PARKING - NEIGHBORHOOD CENTER PARKING
Discussion was held on letter from Senior Coordinating Council regarding
parking at the Neighborhood Center. After further discussion Mr. Hamilton
moved that only 2 hr. parking be allowed in the neighborhood parking lot and no
employee parking be allowed (even with parking permits). Mr. Carlson
seconded. Carried by vote of four ayes. Mrs. Benjamin being absent.
SIDEWALK SALE DAYS FOR 1987
The Chamber of Commerce request permission to hold their Sidewalk sales
Days for 1987. Mr. Carlson moved to grant the request with the following
conditions:
1. Use of Town Plaza shall be coordinated with the Police and Parks
Department.
2. No sale or consumption of alcoholic beverages.
3. Amplified music shall not exceed the noise tolerance levels of the Noise
Ordinance.
4. No banners permitted across the public right-of-way. Mr. Ferrito seconded.
Carried by vote of four ayes. Mrs. Benjamin was absent.
TEMPORARY PARKING LOT FOR VILLA VASONA
It was consensus of Council to continue this for 2 weeks to allow time for
exploring options. Speaking on the issue was Mary Massey.
BICKNELL ROAD CLOSURES
Council information report regarding notification of residents. It was consensus
of Council to hold this and have staff study and report back to Council on cost if
boundaries were increased.
1985-86 AUDIT ADDITIONAL EXPENDITURES
Discussion was held on request to authorize an expenditure of $11,540.00 to pay
Main-Hurdman for the audit and consulting services provided over and above the
original contact amount. Town Manager answered questions of Council as to
increase stating this expense will put the cost of audit fees over budgeted
amount. However, there are sufficient unexpended amounts in General Town
Administration to cover this item and staff will make an appropriate inter-program
transfer at a later date. Mr. Carlson questioned the transfer as Council has not
seen fit to authorize transfers in other budgets. Mr. Hamilton spoke in opposition
of authorizing the expenditure sit is work performed prior to having approval and
questioned if this was above their contract. Town Manager stated it was above
their contract but it was work that was performed in accordance with the contract
but was not originally anticipated it would be necessary. Manager also stated the
Town received a number of services from the auditor, well beyond what the
contract entailed and well beyond this invoice. In fact there were a number of
services performed for which the Town is not being billed and reported to Council
the various services that this included.
Discussion was held further on just what the true billing is Town Manager stated
there was an error in not bringing this to Council prior to work being done but
payment of this billing is still within amounts budgeted in the Managers budget.
After further discussion Mr. Carlson moved to request Mr.Snelham of
Main/Hurdman to attend the April 20, 1987 meeting at which time there will be a
full Council and address this issue and present a true billing, showing hours
spend on each issue. Mr. Hamilton seconded. Carried by a vote of four ayes.
Mrs. Benjamin was absent.
250 LOMA ALTA B. RAKHRA
Mr. Rakhra owner of 250 Loma Alta Avenue property spoke on his request to
convert single family home to three unit dwelling. He stated the situation on the
property existed since 1968 and gave Council a short history of the property as it
exists. He feels Town should allow him to have secondary unit permits.
Councilman Ferrito referred to report whereby it states that to be eligible for a
second unit permit, the ordinance requires the unit to be existing continuously
from June 1, 1983 through the present. The residence at 250 Loma Alta has
been a single family home since June 1980 as ordered by the Superior Court of
Santa Clara County. After further discussion Mr. Ferrito moved to accept staff
recommendation and deny the request to convert a single family home to a three
unit dwelling and require 250 Loma Alta Avenue property to remain a single
family residence. Mr. Ventura seconded. Carried by vote of three ayes. Mr.
Hamilton voting no. Mrs. Benjamin was absent.
GIFT DEEDS ORDINANCE
Mr. Ferrito moved to accept staff recommendation and accept this report
regarding Santa Clara County's Gift Deeds Ordinance and direct staff to forward
the report to the Board of Supervisors, the Inter Governmental Council and
SCCAPO. Mr. Carlson seconded. Carried by vote of four ayes. Mrs. Benjamin
was absent.
SENATE BILL 442
Informational report regarding Senate Bill 442, Antiquated Subdivisions.
LEXINGTON RESERVOIR MASTER PLAN
Mr.Ferrito moved Mayor Ventura be selected to represent the Town at the Santa
Clara County Board of Supervisors at the meeting scheduled for March 24, 1987.
Mr. Carlson seconded. Carried by vote of four ayes. Mrs. Benjamin was absent.
Mayor Ventura appointed Mrs. Benjamin as alternate.
LOS GATOS CREEK PARK USES
Information report regarding the comprehensive use and management plan for
the Los Gatos Creek Park.
COUNTYWIDE COORDINATION OF TOXIC/HAZMAT PROGRAM
Mr. Carlson moved for adoption of Resolution No. 1987-25 entitled,
COORDINATION OF TOWN AND COUNTY HAZARDOUS MATERIALS
ACTIVITIES, and authorize the Mayor to sign the Letter of Agreement between
the Town of Los Gatos and the County of Santa Clara regarding hazardous
materials activities. Mr. Ferrito seconded. Carried by vote of four yes. Mrs.
Benjamin was absent.
VASONA/HWY 17 CORRIDOR PHASE 1 ALTERNATIVES ANALYSIS STUDY
Council informational report regarding the Vasona/Highway 17 Corridor Phase 1
Alternatives Analysis Study between the County of Santa Clara, City of San
Jose, City of Campbell and the Town of Los Gatos.
NATIONAL RECYCLING POLICY
Mr. Carlson moved for the adoption of Resolution No. 1987-26 entitled,
RESOLUTION OF THE TOWN OF LOS GATOS SUPPORTING PETITION TO
THE UNITED STATES CONGRESS FOR A NATIONAL RECYCLING POLICY.
Mr. Ferrito seconded. Carried by vote of four ayes. Mrs. Benjamin was absent.
RING AROUND THE BAY BIKE AND PEDESTRIAN PATH
Mr. Carlson moved for the adoption of resolution No. 1987-27 entitled,
RESOLUTION OF THE TOWN OF LOS GATOS SUPPORTING "RING
AROUND THE BAY BIKE AND PEDESTRIAN PATH". Mr. ferrito seconded.
Carried by vote of four ayes. Mrs. Benjamin was absent.
TOP OF THE HILL #2 ANNEXATION
Mr. Carlson moved for the adoption of Resolution No. 1987-28 entitled, A
RESOLUTION APPROVING THE ANNEXATION OF CERTAIN UNINHABITED
TERRITORY DESIGNATED A TOP OF THE HILL #2 TO THE TOWN OF LOS
GATOS. Mr. Ferrito seconded. Carried by vote of four ayes. Mrs. Benjamin was
absent.
PARKING PROHIBITION 15615 & 15619 LOS GATOS BOULEVARD
Mr. Carlson moved for the adoption of Resolution No. 1987-29 entitled,
PARKING PROHIBITION LOS GATOS BOULEVARD. Mr. Ferrito seconded.
Carried by vote of four ayes. Mrs. Benjamin was absent. This prohibits parking
on the west side of Los Gatos Boulevard in front of 15615 and 15619 Los Gatos
Boulevard. Mr. Ferrito seconded. Carried by vote of four ayes. Mrs. Benjamin
was absent.
ZONE CHANGE 354 BACHMAN AVE.
Mayor Ventura stated this was the time and place duly noted for public hearing to
consider Planning Commission recommendation on Zone Change Application Z-
84-3A, requesting modification to an existing nine unit residential planned
development previously approved for property in the R-1D-LHP-PD Zone
(Property located at 354 Bachman Avenue). Steve Douglas, representing Owen
Companies, answered questions of Council re the modification. Discussion was
held on the access road. It was explained that this road is necessary for safety
purposes. After some discussion and no one else from the audience wished to
speak on this issue, Mr. Carlson moved the public hearing be closed. Mr.
Hamilton seconded. Carried by vote of four ayes. Mrs. Benjamin was absent.
Mr. Carlson moved to make the finding that the zone change application Z-84-3A
is consistent with the Downtown Specific Plan and General Plan. Mr. Hamilton
seconded. Carried by vote of four ayes. Mrs. Benjamin was absent. Mr.
Carlson moved to waive the reading for AND ORDINANCE OF THE TOWN OF
LOS GATOS AMENDING THE ZONING ORDINANCE EFFECTING ZONE
CHANGE NO.______ FROM R-1D-LHP to R-1D-LHP-PD. Mr. Hamilton
seconded. Carried by vote of four ayes. Mrs. Benjamin was absent. Clerk read
title of Ordinance. Mr. Carlson moved for introduction of the Ordinance. Mr.
Hamilton seconded. Carried by a vote of four ayes. Mrs. Benjamin was absent.
Mayor Ventura spoke on the replacement trees that are to be planted. Mr.
Douglas stated there were not as many trees removed that were previously
approved by the Town and plans were reviewed carefully. Mr. Bowman spoke
on the issue and explained that trees approved were smaller so they would blend
in with other trees when they mature. Mayor Ventura stated when DRC reviews
the S & A plans he would like them to discuss his concerns on the replacement
trees (that they be native trees and not just decorative trees). Mr. Ferrito wished
the record to reflect that he is voting yes on the motion because he thinks the
amendments are an improvement to the plan but thinks originally Planning
Commission approved a design that really, because of access road to Massol
Avenue, does some damage to the neighboring corner lot and he feel they made
a mistake.
URGENCY ORDINANCE EXTEND NONCONFORMING STATUS FOR
PROPERTIES IN THE CENTRAL BUSINESS DISTRICT
Mayor Ventura stated this was the time and place duly noted for continued public
hearing to consider amending an urgency interimzoning ordinance to extend the
duration of nonconforming status as listed in Section 3.50.050 of the Los Gatos
Zoning Ordinance; considering the uses of properties located in the Central
Business District which are nonconforming as to parking. Continued from
2/23/87. Town Attorney reported that the Town has not heard from or received
an opinion from the FPPC re whether Mr. Ferrito and Mr. Hamilton could vote on
said issue. Mr. Hamilton stated that if FPPC report comes back unfavorable he
would like all hearings to be continued for 2 weeks until such time he can get his
own Counsel and pursue as to whether or not he could vote on the issues.
Mayor Ventura seconded. Motion carries y vote of two ayes. Mr. Hamilton and
Mr. Ferrito abstained. Mrs. Benjamin was absent.
APPEAL - 121 WILDER AVENUE
Mayor Ventura stated this was the time and place duly noted for public hearing to
consider the appeal of Planning commission denial of a conditional Use Permit
U-85-33, requesting permission to construct a guest cottage (without kitchen) on
property in the R-1D-LHP Zone. (121 Wilder Ave. - Emily Brown - Owner).
Speaking from the audience was Penny Sink, 135 Wilder Avenue, stating her
concerns and opposing said request. No one else from audience wished to
speak on this issue. Mr. Ferrito moved public hearing be closed. Mr. Carlson
seconded. Carried by vote of four ayes. Mrs. Benjamin was absent. Mr. Ferrito
moved to accept staff recommendation and uphold the action of the Planning
Commission and deny the application. Mrs. Benjamin was absent. Town
Attorney to prepare appropriate Resolution and present for Council consideration
at the next meeting.
APPEAL - 16935 ROBERTS ROAD.
Mayor Ventura stated this was the time and place duly noted for public hearing to
consider the appeal of Planning Commission denial of Architecture and Site
application S-85-68 to construct a 7-unit residential condominium project in the
RM:5-12 zone and Conditional Use Permit U-85-30. (16935 Roberts Rd - Bas
Homes, spoke to Council requesting continuance of said hearing. No one in the
audience wished to speak on this issue. Mr. Ferrito moved to continue this item
to
April 6, 1987. Mr. Carlson seconded. Carried by vote of four ayes. Mrs.
Benjamin was absent.
SECONDARY DWELLING UNITS GENERAL PLAN AMENDMENT GP-86-1
AND A-86-5
Mayor Ventura stated this was the time and place duly noted for continued public
hearing to consider General Plan Amendment GP-86-1, consideration of
amendments to the General Plan concerning the number,type of occupancy and
other regulations pertaining to secondary dwelling units; and Zoning Ordinance
Amendment A-86-5, consideration of amendments to the Zoning Ordinance
regarding the number, type of occupancy and other restrictions pertaining to
secondary dwelling units. Mr. Bowman reported that Council at previous meeting
directed Planning to add a new section to secondary unit Ordinance dealing with
non conforming secondary units and treating them separately from unlawful
secondary units and that is provisions sent to Council this time. Mr. Hamilton
stated he feels units and that is provisions sent to Council this time. Mr. Hamilton
stated he feels Council needs a clear answer on definitions as to nonconforming
and legal nonconforming and exactly what buildings may be used for and various
ways of abatement. Mr. Bowman stated nonconforming does mean legal and
therefore we do not use wording of legal nonconforming. Mr. Watson answered
questions of Councilman Hamilton re the various types of deficiencies found
during inspection stating that a large number of units basically had no
deficiencies. After further discussion and no one else from the audience wishing
to speak on this issue, Mr. Carlson moved to close the public hearing. Mr.
Ventura seconded. Carried by vote of three ayes. Mr. Ferrito was out of the
room and Mrs. Benjamin was absent. Mr. Hamilton stated he would like to see
incorporated anything that had an actual building permit for a secondary unit after
1976 not be effected by the Ordinance and would certainly like to spell out
abated in the ordinance. Mr. Carlson stated he is uncomfortable with abating
nonconforming secondary units if they do not apply by Dec. 31, 1987 and he
feels Council should take fee action but feels uncomfortable changing the
ordinance or the plan. Further discussion was held and Mr. Hamilton, by
consensus motion, moved that in lieu of abating a nonconforming structure 20
years from the date the nonconforming status was incurred for failure to timely
file, the use of the dwelling will be abated. Mr. Carlson seconded. Carried by
vote of four ayes. Mrs. Benjamin was absent. This will amend section 3.98.020
of the proposed ordinance. Mr. Carlson moved to bring this back to Council, with
amendment, at the meeting of April 6th, 1987. Mr. Hamilton seconded. Carried
by vote of four ayes. Mrs. Benjamin was absent.
GENERAL PLAN AMENDMENT GP-87-1 RE PARKING
Mayor Ventura stated this was the time and place duly noted for public hearing to
consider amendments to the General Plan concerning the Downtown Parking
Improvement Program, Land Use Designations in the Downtown Area, and minor
correction that reflect the status of the implementation measures currently listed
in the General Plan. Mr. Carlson moved to accept staff recommendation and
continue this to April 6th, 1987. Mr. Hamilton seconded. Carried by vote of two
ayes. Mayor Ventura abstained. Mr. Ferrito was out of the room and Mrs.
Benjamin was absent.
FILING FEE SECONDARY UNITS
Mayor Ventura stated this was the time and place duly noted for public hearing to
consider establishment of a filing fee for secondary dwelling unit permit
applications. No one in the audience wished to speak on this issue. Mr. Carlson
moved public hearing be closed. Mr. Ferrito seconded. Carried by vote a of four
ayes. Mrs. Benjamin was absent. Mr. Carlson moved to establish a $500.00 fee
for unlawful secondary units and no fee for nonconforming secondary units
through December 31, 1987. Beginning January 1, 1988, a $500.00 filing fee
should be established for nonconforming secondary units. Motion dies for lack of
second. Mr. Carlson reworded his motion to establish a $500.00 fee for unlawful
second units and no fee for nonconforming second units through December 31,
1987 and on January 1, 1988 the nonconforming have the option of paying the
fee of $500.00 or abate the premises. Mr. Hamilton seconded. Mayor Ventura
stated he could not support the motion because he feels Council is not following
through our policy re cost recovery; the Town will have cost for all investigation
and enforcement as well as processing the application; and he doesn't feel that is
reflected in the $500.00 fee. Voting was held and motion failed with Mr. Carlson
and Mr. Hamilton voting aye. Mr. Ferrito and Mayor Ventura voting no and Mrs.
Benjamin was absent. Mr. Hamilton moved to continue this matter to April 6th,
1987 at which time there will be a full Council. Mr. Carlson seconded. Carried
by vote of four ayes. Mrs. Benjamin was absent. Mayor Ventura requested a
report on cost for code enforcement that would be involved in enforcing the new
Secondary Unit Ordinance once it is in effect.
115 COLLEGE AVE. (ANDERSON)
Mayor Ventura stated this was the time and place duly noted for public hearing to
consider the Planning Commission recommendation to revert an existing four lot
subdivision of 1.121 acres back to acreage and eliminate all interior property
lines on property in the R-1:8,000 zone (115 College Avenue - Jon Anderson). It
was noted a letter was received from Jon P. Anderson requesting continuance of
this item. Mr. Carlson moved to continue this item to April 6, 1987. Mr. Hamilton
seconded. Carried by vote of four ayes. Mrs. Benjamin was absent.
RECESS
Mayor Ventura declared a five minute recess. Meeting reconvened at 9:30 p.m.
FEBRUARY 23, 1987
Council members requested corrections of the February 23, 1987 minutes as
follows: pg 1 - subject AMENDMENT TO THE DOWNTOWN SPECIFIC PLAN. It
was requested that comments of Mr. Ferrito, Mr. Hamilton and Mayor Ventura
abe included in the minutes re voting procedures due to possible conflict of
interest. Page 2 - same subject - reword Mayor Ventura's statement on this
reason for supporting the motion for adoption of Resolution NO 1987-19. Correct
spelling of Mr. Loveless first name on Page 4. Page 5 - subject - EXTENSION
OF URGENCY ORDINANCE - add the following: There being no one from the
audience wishing to speak on this issue, Mr. Carlson moved to close the public
hearing Mrs. Benjamin seconded. Mr. Ferrito abstained and motion failed.
Correct page 6 removing the last two sentences from CLOSED SESSION
REPORT and put them in the next paragraph, to read. "Mr. Hamilton moved to
transfer money within the Treasurer's budget - transfer money from material &
supplies to salaries, which would allow money for payment to Deputy Treasurer."
Mr. Ferrito moved minutes be approved as corrected. Mr. Carlson seconded.
Carried by vote of four ayes. Mrs. Benjamin was absent.
\
MINUTES MARCH 2, 1987
Suggested change on Page 3 - subject - Bus Station Lease Agreement, add "Mr.
Zapf responded that the cost per square foot charged for leasing is presently
41.6 cents. The bus terminal is 1,2000 sq. ft. on approximately 11,390 sq. ft. of
land and this includes the restrooms. The station provides an additional element
to the overall transportation system. The Town underwrites the cost of the bus
station pursuant to our Community Needs Assessment study and
recommendation of Community Services Commission." Mr. Ferrito moved
minutes of March 2, 1987 be approved as amended. Mr. Carlson seconded.
Carried by vote of four ayes. Mrs. Benjamin was absent. Mr. Hamilton had
requested that agenda procedures re Preparation of the Agenda be attached to
Resolution No. 1987-23 and be spelled out in the agenda. This motion by Mr.
Hamilton died for lack of a second.
TREASURER REPORT
It was noted that Council had received the Treasurer's report for the month of
January 1987.
COMPENSATION FOR DEPUTY TREAS. AND REQUEST FOR BUDGET
TRANSFER
Mayor Ventura referred to letter from Town Treasurer requesting $10.00 per hour
for the Deputy Treasurer position and request for budget transfer, within the
Treasurer's budget, of $2,000.00 from materials and supplies to personnel.
Discussion was held on the above requests and Mr. Carlson reported that the
finance committee had met with the Treasurer and this topic came up. One of
the other Deputies of the Treasurer volunteered, except in case of a family
emergency, to sign the checks for his current compensation which is $1.00 a
year. Based on that fact and on the fact it wasn't because of who the Deputy
Treasurer was, Mr. Carlson voted not to authorize the budget transfers. Mr.
Carlson stated adding a new Deputy Treasurer doesn't change his reasoning
behind not wanting to transfer funds and feels Council had an agreement as how
much it was going to cost for Deputy Treasurer at the start of the year. For those
reasons, Mr. Carlson moved to deny the request for budget transfer and the
compensation request. Mayor Ventura seconded. Motion carried with vote of
three ayes. Mr. Hamilton voting no and Mrs. Benjamin was absent.
ORDINANCE AMENDING ZONING ORD. RE PARKING ON PARKWAY
Mr. Carlson moved to approve staff recommendation and continue the adoption
of this Ordinance to March 23, 1987. Mayor Ventura seconded. Carried by vote
of two ayes, Mr. Ferrito and Mr. Hamilton abstained and Mrs. Benjamin was
absent.
ORDINANCE PROHIBITING PARKING ON PARKWAY
Mr. Ferrito moved for the adoption of Ordinance No.1713 entitled, AN
ORDINANCE AMENDING CHAPTER 16 OF THE TOWN CODE RELATING TO
PROHIBITION OF PARKING ON PARKWAY. Mr. Carlson seconded. Carried
by vote of four ayes. Mrs. Benjamin was absent.
ATTORNEY GENERAL LAWSUIT RE ELECTRICAL CONTRACTOR BID
RIGGING
Town Attorney reported there is a lawsuit to be filed against certain electrical
contractors for violation of the Cartwright Act and the Unfair Competition Law.
Mr. Ferrito moved to accept staff recommendation and allow the Attorney
General to represent the Town in the proposed litigation because the Town will
not incur any costs. Mr. Carlson seconded. Carried by vote of four ayes. Mrs.
Benjamin was absent.
APPOINTING TOWN ENGINEER AS SUPERINTENDENT OF STREETS
Mr. Carlson moved for the adoption of Resolution No. 1987-30 entitled, A
RESOLUTION APPOINTING TOWN ENGINEER AS SUPERINTENDENT OF
STREETS. Mr. Ventura seconded. Carried by vote of four ayes. Mr. Benjamin
was absent.
TOWN MANAGER AUTHORIZED TO SIGN WAIVER OF LIABILITY
Mr. Carlson moved for the adoption of Resolution No. 1987-31 entitled, A
RESOLUTION TO ADOPT AND AUTHORIZE TOWN MANAGER TO SIGN
WAIVER OF LIABILITY TO ALLOW POLICE DEPARTMENT TO CONDUCT
COMMUNICATIONS TESTS. Mr. Hamilton seconded. Carried by vote of four
ayes. Mrs. Benjamin was absent.
POSITION REALLOCATION JR. CIVIL ENG.
Mr. Ferrito moved for the adoption of Resolution No. 1987-32 entitled, A
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
RESCINDING RESOLUTION NO. 1986-130 AND ADOPTION SCHEDULES OF
AUTHORIZED POSITIONS AND SALARIES FOR FISCAL YEAR 1986-87. Mr.
Carlson seconded. Carried by vote for four ayes. Mrs. Benjamin was absent.
EMERGENCY GENERATOR REPLACEMENT
Mr. Carlson moved to approve a supplemental appropriation in the amount of
$45,565.00 from General Fund Appropriated Reserve for replacement and
related repairs to the Civic Center Emergency Generator System. Mr. Hamilton
seconded. Mr. Bryant answered question of Council as to the need and
explained the system. Motion carried by vote of four ayes. Mrs. Benjamin was
absent.
AGENDIZING WRITTEN COMMUNICATIONS
It was consensus of Council to have this brought back for further discussion at a
later date.
TENNIS TOURNAMENT AT BLOSSOM HILL PARK JULY 6 - 9.
The Almaden Valley Athletic Club requested to hold a portion of the boys and
girls 16 National Tennis Tournament at the Blossom Hill Park, July 6th - 9th,
1987. Mr. Carlson moved to approve the use of six tennis courts at Blossom Hill
Park for their tournament play on July 6 - 9, 1987. Mr. Hamilton seconded.
Carried by vote of four ayes. Mrs. Benjamin was absent. Mr. Jim Murphy,
member of the tournament committee was present to answer questions of
Council.
ARTS COMMISSION MASTER PLAN
Mr. Ferrito moved to conceptually approve the goals outlines in the Arts
Commission's proposed Master Plan. Mr. Carlson seconded. Carried by vote of
four ayes. Mrs. Benjamin was absent.
COMMUNITY SERVICES COMMISSION OFFICER ELECTION
Report from Community Services Commission informing Council of the election
of Randy Attaway as Chairperson and Zaida Hackett as Vice-Chair for a one
year term.
KCAT REQUEST FOR ADDITIONAL FUNDS
Due to lack of full Council, discussion on the request for funds from the Town will
be continued to the next regular meeting.
ADJOURNMENT
At 11:00 p.m., Mr. Carlson moved meeting be adjourned to 7:30 p.m. on March
23rd, 1987. Mr. Ferrito seconded. Carried by vote of four ayes. Mrs. Benjamin
being absent.
ATTEST:
Rose E. Aldag
Town Clerk