M 09-16-85TOWN OF LOS GATOS CALIFORNIA
TOWN COUNCIL/PARKING AUTHORITY AGENDA
SEPTEMBER 16, 1985
TOWN COUNCIL
The Town Council and the Parking Authority met in a joint meeting in the Council
Chamber of the Town Hall at 7:40 p.m., in regular session.
ROLL CALL
PRESENT:Eric D. Carlson, Thomas J. Ferrito, Brent N. Ventura, and
Mayor Joanne Benjamin.
ABSENT:Terrence J. Daily.
PLEDGE OF ALLEGIANCE
Given by all in attendance.
EXECUTIVE SESSION
The Town attorney reported that the following items were discussed during the
Executive Session under Government Code section 54956.9(a):
Pending litigation on GTE Mobilnet vs. Town. The Superior Court action
and PUC application;
National Convenience Stores vs. Town
Nothing to report from the session.
EX-AGENDA ITEMS
Ex-agenda items (21a) minutes of September 9, 1985 and (22a) September 1,
1985 warrants are to be added to the agenda. Item 24 to be continued to the
January 6, 1986 Council meeting. Item 32 is withdrawn.
APPOINTMENT PERSONNEL BOARD
Mayor Benjamin stated there is one vacancy on the Personnel Board.
Applications were received from Edward Buttyan and Christopher Menkin.
Council voted four to zero in favor of Christopher Menkin. Mr. Menkin was
appointed to the Personnel Board for a five year term.
BID AWARD UNMARKED POLICE VEHICLE REPLACEMENT
Mr. Ventura moved to award the bid for three (3) 1984 model used cars to
National Car Rentals for $8,025.00 per unit, for a total purchase price of
$24,075.00 including tax. Mr. Carlson seconded. Carried unanimously.
WRITTEN COMMUNICATIONS (referral/file)
a.Letter from Mme. Yvette regarding the trash enclosure at the Burger Pit
on Saratoga Avenue. Mr. Carlson moved to refer to the Acting Town Manager
for response. Mr. Ventura seconded. Carried unanimously.
b.Letter from the residents of Broadway Extension requesting two street
lights. Mr. Carlson moved to refer to the Town Engineer for report at the October
21, 1985 Council meeting. Mr. Ventura seconded. Carried unanimously.
c.Letter from M. & Mrs. H. P. Durham regarding commendation of Town
employees. Notify the respective employees. Note and file.
d.Notice from the PUC regarding a hearing for Five Star Limousine Service
application to operate an airport shuttle. Mr. Carlson moved to refer to Town
Attorney for report. Mr. Ventura seconded. Carried unanimously.
BUS STOP - SARATOGA AVENUE
Mr. Carlson moved to adopt Resolution No. 1985-138 entitled, BUS LOADING
ZONE ON THE SOUTH SIDE OF SARATOGA AVENUE EAST OF VILLAGE
LANE. Mr. Ventura seconded. Carried unanimously.
TRACT 7791 APPROVAL OF FINAL MAP
Mr. Carlson moved to adopt Resolution No. 1985-139 entitled, RESOLUTION
APPROVING AND ACCEPTING FINAL MAP OF TRACT NO. 7791; and
authorize execution of the contract for public improvements. Mr. Ventura
seconded. Carried unanimously.
PARKING COMMISSION ACTIVITY REPORT #22
Council informational report.
ABC LICENSE 15704 LOS GATOS BOULEVARD
Council informational report.
COUNTY REFERRALS
Mr. Carlson moved to accept staff recommendation as follows:
2613-33-37-85LA 23450 Wrights Station Road Barbic
Lot Line adjustment no comment.
2621-27-43-858 Hillside Drive Morgan Single
Residential no comment.
2175-30-48-84B-84DR Aztec Ridge Road Hogan-Modir
Residence Design Review granted by County.
Mr. Ventura seconded. Carried unanimously.
SCHEDULE OF PUBLIC HEARINGS
Council informational report.
REVISED FEE SCHEDULE FOR SECONDARY DWELLING UNITS
Mr. Carlson moved to adopt resolution No. 1985-140 entitled, A RESOLUTION
OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS SETTING A FEE
SCHEDULE FOR ZONING, CALIFORNIA ENVIRONMENTAL QUALITY ACT
AND SUBDIVISION PROCEEDINGS AND FOR VARIOUS ENGINEERING
SERVICES; authorize refunds of $150.00 each to the 46 applicants for
Secondary Dwelling Unit Permits who have paid fees; and approve a
supplemental appropriation of $6,900.00 to cover the cost of the refund. Carried
by a vote of three ayes. Mr. Ferrito voted no. Mr. Daily was absent.
ZONING ORDINANCE AMENDMENT - CORRECT CROSS REFERENCE IN
ORDINANCE 1654
Mr. Carlson moved to waive the reading for AN ORDINANCE OF THE TOWN
OF LOS GATOS CORRECTING CROSS REFERENCES IN ORDINANCE NO.
1654. Mr. Ventura seconded. Carried unanimously. Sr. Deputy Clerk read title.
Mr. Ferrito moved Ordinance be introduced. Mr. Ventura seconded. Carried
unanimously. This ordinance pertains to the Secondary Dwelling Unit Ordinance.
SANTA CLARA VALLEY WATER DISTRICT
Mr. Carlson moved to direct the Director of Maintenance services to coordinate
inspection of waterways, identification of maintenance concerns and prioritization
of corrective measures with Santa Clara Valley Water District. Mr. Ventura
seconded. Carried unanimously. Mayor Benjamin requested a response be
drafted to the water district on what the Town is going to do.
ROTARY CLUB'S GREAT SARATOGA TO LOS GATOS RACE
Mr. Ventura moved to approve the Rotary Club's request to conduct "The Great
Saratoga to Los Gatos Race" on Sunday, January 5, 1986 with notices to be
published for advance warning to the residents. Mr. Carlson seconded. Carried
unanimously.
FLOOD CONTROL ADVISORY COMMITTEE SANTA CLARA VALLEY
Mr. Carlson moved to renominate ronald Zapf, Representative, and Gary
Wolfinger, Alternate, to the Central and North Central Flood Control Zone
Advisory Committees. Mr. Ventura seconded. Carried unanimously.
HOUSING ASSISTANCE PLAN - HUD
Mr. Carlson moved to adopt Resolution No. 1985-141 entitled, A RESOLUTION
AUTHORIZING SUBMITTAL OF HOUSING ASSISTANCE PLAN TO HUD. Mr.
Ventura seconded. Carried unanimously. This plan is for the period from
October 1, 1985 through September 30, 1988.
REVENUE SHARING FUNDS SUPPLEMENTAL APPROPRIATION
Mr. Carlson moved to approve a supplemental appropriation from the General
Revenue Sharing reserve funds to cover the Live Oak Nutrition Program's FY
1984-85 allocation. Mr. Ventura seconded. Carried unanimously.
YOUTH ADVISORY COMMISSION
Mr. Carlson moved to adopt Resolution No. 1985-142 entitled, AMENDING THE
RESOLUTION ESTABLISHING THE YOUTH ADVISORY COMMISSION AND
RESCINDING RESOLUTION NOS. 1983-244, 1984-13A, AND 1984-26. Mr.
Ventura seconded. Carried by a vote of three ayes. Mr. Ferrito abstained. Mr.
Daily was absent.
STATUS ON TOXIC CLEAN-UP
Council informational item.
COMMENDING ANN ATKINSON
Mr. Carlson moved to adopt Resolution No. 1985-143 entitled, A RESOLUTION
COMMENDING ANN ATKINSON. Mr. Ventura seconded. Carried unanimously.
RENTAL MEDIATION REGULATIONS NEW MOBILE HOME PARK
RESIDENTS
Mr. Carlson moved to adopt Resolution No. 1985-144 entitled, RESOLUTION
AMENDING THE LOS GATOS RENTAL MEDIATION REGULATIONS TO
REGULATE RENT INCREASES TO NEW MOBILE HOME PARK RESIDENTS.
Mr. Ventura seconded. Carried by vote of two ayes. Mr. Ferrito and Mayor
Benjamin abstained, they were not present for the discussion and earlier decision
on this item. Mr. Daily was absent.
APPEAL - 400 BLOSSOM HILL RD.
Mr. Ventura moved to adopt Resolution No. 1985-145 entitled, RESOLUTION
REFERRING TO THE PLANNING COMMISSION THE APPEAL OF THE
DECISION OF THE PLANNING COMMISSION DENYING ARCHITECTURE
AND SITE APPLICATION AND VARIANCE APPLICATION. Mr. Carlson
seconded. Carried unanimously.
MINUTES SEPTEMBER 3, 1985
Mr. Ferrito requested on page 3, "Communication a", to include the staff
response to Mr. Tower's letter be included in the minutes. Mr. Carlson moved
the minutes of September 3, 1985 be approved as amended. Mr. Ventura
seconded. Carried unanimously.
MINUTES SEPTEMBER 9, 1985
Mr. Ventura requested that the vote on the Career & Professional Development
grant be corrected to read, "Carried by a vote of two ayes. Mr. Daily and Mr.
Ferrito abstained. Mr. Carlson was absent". Mr. Ferrito requested the minutes
be corrected to read that he abstained on all the votes except the two food
programs (Live Oak Nutrition Center and Food Bank). Mr. Ferrito moved the
minutes of September 9, 1985 be approved as corrected. Mr. Ventura seconded.
Carried by a vote of three ayes. Mr. Carlson abstained. Mr. Daily was absent.
SEPTEMBER 13TH PAYROLL
Mr. Carlson moved to approve the September 13, 1985 payroll in the amount of
$37,282.99; incentive awards in the amount of $500.00; and warrants relating to
payroll in the amount of $55,505.02. Mr. Ventura seconded. Carried
unanimously.
SEPTEMBER 1985 WARRANTS
Mr. Carlson moved to approve the warrants for September 1985 in the amount of
$424,267.21; and August 29, 1985 Special Payroll checks in the amount of
$59,973.96 with correction of description of Wang Laboratories check number
21590, in the amount of $14,088.04. Mr. Ventura seconded. Carried
unanimously.
APPEAL 812 POLLARD ROAD HANDICAP ACCESS
Mayor Benjamin stated this was the time and place duly noted for public hearing
to consider the appeal of the Building Official's decision regarding handicapped
access at 812 Pollard Road Unit H. Maria Flaherty, 121 Smith Creek Drive,
spoke in support of her appeal. Mr. Watson, Building Official answered Councils
questions. No one else from the audience wished to speak on this issue. Mr.
Ferrito moved to close the public hearing. Mr.Carlson seconded. Carried
unanimously. Mr. Ferrito moved to continue this item to October 21, 1985
Council meeting. Mr. Ventura seconded. Carried unanimously. The continuance
would enable Mrs. Flaherty to work with Mr. Watson to revise her plans.
NEIGHBORHOOD CENTER FEE CHANGES
Mr. Carlson moved to reschedule the public hearing for the January 6, 1986
Council meeting. Mr. Ferrito seconded. Carried by a vote of three ayes. Mr.Daily
and Mr. Ventura were absent.
VACATION OF EASEMENT 196 COLLEGE AVE.
Mayor Benjamin stated this was the time and place duly noted for public hearing
to consider the request to vacate a five foot wide wire clearance easement
across the property located at 196 College Avenue. No one in the audience
wished to speak on this item. Mr. Ventura moved the public hearing be closed.
Mr. Carlson seconded. Carried unanimously. Mr. Ventura moved to adopt
Resolution No. 1985-146 entitled, ORDER VACATING FIVE FOOT WIDE WIRE
CLEARANCE EASEMENT ACROSS PROPERTY LOCATED AT 196 COLLEGE
AVENUE (APN 529-31-057). Mr. Carlson seconded. Carried unanimously.
APPEAL - 576 W. PARR AVENUE ANCIANO VILLAGE
Mayor Benjamin stated this was the time and place duly noted to consider Zone
Change Application Z-82-2B, requesting modification to an existing planned
development to delete the requirements restricting occupancy to senior citizens
only for property in the R-1:8000-PD zone. The property is located at 576 W.
Parr Avenue. William Hedley, Architect for the project discussed the problems
they were having and the steps that were taken before coming before the
Council. Mr. Steve Gorack (sp?) representing Charter Financial Management
explained the problems they were having with the sale and financing of the units.
Ali Mozaffari, owner of the project answered Councils questions. Gertrude
Tompkins, 14 W. Main St., and others spoke on their concerns. Mr. Ventura
moved the public hearing be closed. Mr. Ferrito seconded. Carried
unanimously. There was further discussion on a solution to the problem. Mr.
Hedly requested a continuance for further study. Mr. Carlson moved to continue
this item to the October 21, 1985 Council meeting with answers to the following
questions:
1). Why are the Commons selling well and what are they doing different? 2).
How few units could Anciano Village get away with in a rental situation. In
Addition Mr. Ferrito asked that the Community Services Commission, Rehab
Program, Senior Coordinating Council, local realtors, Community Housing
resource Board, and other local agencies to be contacted to see what they can
do in aiding the selling of the units. Mr. Ferrito seconded. Carried unanimously.
APPEAL - SINGLE FAMILY RESIDENCE 121 MADERA COURT
Mayor Benjamin stated this was the time and place duly noted for public hearing
to consider the appeal of Planning Commission's denial of request for approval of
plans for construction of a single family residence in the HR-2 1/2 Zone at 121
Madera Court. Allen DeGrange, Architect for the project, discussed the changes
that were required by the Planning Commission and the changes that were made
that the Commission was unaware of. He feels the Planning Commission erred
in their decision, the house is consistent with the hillside standards and other
houses in the neighborhood. No one else in the audience wished to speak on
this issue. Mr. Ferrito moved the public hearing be closed. Mr. Carlson
seconded. Carried unanimously. Mr. Ferrito moved to refer this matter back to
the DRC with the following recommendations: building footprint and pad be
reduced; house be redesigned to step down hillside and redesign roofline (both
intended to reduce visibility); find ways to lessen proposed grading and fill; and
change screening by not using potted plants. Mr. Ventura seconded. Carried
unanimously.
APPEAL - OFFICE BUILDING 407 ALBERTO WAY
Mayor Benjamin stated this was the time and place duly noted for public hearing
to consider the appeal of Planning Commission's decision to deny a 4,188
square foot office building at 407 Alberto Way (S-85-30). Mr. Ventura has a
lease-hold interest in this project, therefore he will abstain from participation in
this public hearing. Lee Bowman explained the history of the development of the
trips generation and the assignment to the various parcels on Alberto Way.
Charles DeFritas, representing owner; Roger Griffin, 405 Alberto Way; Jose
Debasa, owner; and Gary Black representing Westland Investments all spoke in
support of the appeal. Robert Hamilton spoke on trips allocated and what will be
left for allocation to the Maggi property. He sees problems of further
development of property in the area. No one else in the audience wished to
speak on this issue. Mr. Ferrito moved to close the public hearing. Mr. Carlson
seconded. Carried by a vote of three ayes. Mr. Ventura abstained and Mr. Daily
was absent. Mr. Ferrito moved to affirm the decision of the Planning
Commission and finds the Planning Commission focused on the wrong reasons,
the real reason was the allocation of the trips per parcel, sighting that the current
Ordinance only allocates strips to undeveloped parcels and none of the
developed parcels are allocating any trips in the present situation. Mr. Carlson
seconded, siting also this was consistent with our previous decisions for parcels
in which we do not allocate trips. Carried by three ayes. Mr. Ventura abstained
and Mr. Daily was absent. Staff to instruct the Planning Commission when it
develops a recommendation for an allocation formula for Blossom Hill, they
consider this very problem. There may be some partially developed parcels that
if they have trips allocated to them they should be based upon full potential
buildout. Also Council requests a report regarding implications of refunding of
fees for the October 21, 1985 Council meeting. Planning Commission to begin a
general plan amendment to make more specific wording about Alberto Basin not
just Blossom Hill. Town Attorney to prepare a resolution for Council
consideration at the October 21, 1985 Council meeting.
RECESS
Mayor Benjamin declared a recess.
PARKING INDUSTRIAL WAY
A request had been made to modify the parking along Industrial Road between
Roberts Road and Blossom Hill Road in order to provide parking for the adjacent
commercial properties. Mr. Ken Phiko, 627 University Avenue, requested a re-
evaluation of their properties done as to what was really going to be required for
the businesses. Mr. Zapf, Town Engineer, is to meet with Mr. Phiko and discuss
this issue. Mr. Ventura requested the Town look into acquiring all or part of the
vacant lot on the corner of University Avenue and Roberts Road. It was Council
consensus to accept the report regarding parking on Industrial Road. Staff to
return with a report on January 20, 1986.
BLOSSOM HILL ROAD TRAFFIC
By a consensus motion Council accepted the report on Blossom Hill Road traffic
and referred it to the Planning commission for their information.
LEXINGTON RESERVOIR MASTER PLAN EVALUATION
It was consensus of Council to accept the report on the Lexington Reservoir
Master Plan and appoint Mr. Carlson and Mr. Ventura to the subcommittee.
PARKING RELATED ISSUES
This item was withdrawn from the agenda.
BOYER PROPERTY PARKING
Robert Hamilton, 368 Bella Vista Avenue stated the Boyer property was
approximately 4 to 4 1/2 acres and is on the market for 5 1/2 million. The
choicest piece is the area near the freeway. Mr. Ventura stated this could only
be considered if the cost was less than the cost to put deck on the existing lot
behind Season's Restaurant. Consensus of Council to return Parking
commission's request regarding the Boyer property with the above additional
information.
PARKING PROBLEMS 600 N. SANTA CRUZ AVENUE
Mr. Carlson moved for staff to write a letter and Mayor to sign the letter to the
respective legislators including copies of the Town's letter and a copy of the
DMV's letter and stating why we say this is unacceptable and asking for some
help. Mr. Ferrito seconded. Carried unanimously. A copy to be sent to the
DMV.
PARATRANSIT COUNCIL
Mr. Ventura stated the Transportation Commission recommended that the
structure of the PCC be changed, an appeals process be set up, and the budget
process revamped. The recommendations have been sent on to the Board of
Supervisors.
ADJOURNMENT
Mr. Ferrito moved the meeting be adjourned at 11:20 p.m. to an executive
session on September 18, 1985, to discuss personnel matters and to hold a
study session.
ATTEST:
Rebecca L. Yates
Sr. Deputy Clerk