M 05-16-88TOWN OF LOS GATOS CALIFORNIA
TOWN COUNCIL/PARKING AUTHORITY AGENDA
MAY 16, 1988
TOWN COUNCIL
The Town Council/Parking Authority met in the Council Chambers of the Town
Hall at 7:40 p.m., in regular session.
ROLL CALL
PRESENT:Joanne Benjamin, Thomas J. Ferrito, Robert L. Hamilton,
Brent N. Ventura and Mayor Eric D. Carlson.
ABSENT:None.
PLEDGE OF ALLEGIANCE:
Given by all in attendance.
COMMENDATION MERCHANTS FOR MINORS
Mrs. Benjamin moved for the adoption of Resolution No. 1988-79 entitled,
RESOLUTION OF THE TOWN OF LOS GATOS COMMENDING MERCHANTS
WHO HAVE PLEDGED TO SUPPORT THE EFFORT TO ELIMINATE THE
OPPORTUNITY FOR MINORS TO PURCHASE ALCOHOL IN LOS GATOS.
Mr. Ventura seconded. Carried unanimously.
PRESENTATIONS
Mayor Carlson presented Resolution of Commendation to Randy Danto for her
service to the Community as a member of the Community Services Community.
Mayor Carlson presented Resolution of Commendation to Boy Scout troop 501
for their contribution; dedication and loyal service to the citizens of the Town of
Los Gatos.
Mayor Carlson presented Resolutions of Commendation to Del Grande Market,
Thrifty Drug Store, Micali's Food Villa,C.B. Hannegan's, Ernesto's, Mountain
Mikes Pizza, Goguen's Last Call, Safeway Stores, Inc., Village Liquors, Long's
Drugs, Black Watch, Logo's, Jiffy Market, Pedro's, and Villa Felice. All
merchants of Los Gatos who have participated and pledged their support to
eliminate the opportunity for minors to purchase alcohol in Los Gatos.
Council Persons Mr. Ventura and Mrs. Benjamin as members of the Los Gatos
Centennial Inc., at this time presented Town Manager with a check in the amount
of $6,895.06 Mr. Ventura stated that the Town has provided loans to the
Centennial Committee so the Centennial Celebration could be held last year.
These funds were given as a grant and Centennial Inc. is now in a position to
repay this grant in full.
CLOSED SESSION REPORT
Town Attorney reported that the Town Council had met in Closed Session prior to
tonights' meeting and pursuant to Government Code Section 54956.9 (b) to
discuss the claim of Moore. Council made the finding that there is significant
exposure to litigation and authorized a settlement of $4,100.00 to Dr. & Mrs.
William Moore.
LOS GATOS PASTA COOK OFF
Town Manager stated Muscular Dystrophy Association and Los Gatos High
School students are sponsoring a fund raising "Pasta Cook Off" on Sunday, May
22, 1988, and are requesting Council to sponsor a cook and pay the $250.00
entry fee. After some discussion it was determined that Council would not
participate in this as there may be a question regarding the "gift of public funds".
Council is aware that it is for a good cause.
PUBLIC HEARING SCHEDULE
Informational report for Council on upcoming public hearings scheduled for future
meetings.
SECONDARY UNITS MONTHLY REPORT
Information for council.
PAYROLL OF MAY 6, 1988
Mrs. Benjamin moved for the approval of May 6, 1988 payroll in the amount of
$1/1,741.00 and payroll related warrants in the amount of $106,333.09. Mr.
Hamilton seconded. Carried unanimously.
WARRANTS FOR APRIL, 1988
Mrs. Benjamin moved for approval of warrants for the month of April, 1988 in the
amount of $248,655.88. Mr. Hamilton seconded. Carried unanimously.
LOS GATOS HIGH SCHOOL GRADUATION
Mrs. Benjamin moved to approve the Los Gatos High School request to divert
traffic from East Main Street on June 17, 1988 during the graduation ceremony.
Mr. Hamilton seconded. Carried unanimously.
LION'S CLUB DAY IN THE PARK AUGUST 27 & 28
Mrs. Benjamin moved to approve the Los Gatos Lions Club request to hold the
33rd annual "Day in the Park" on Sunday, August 28, 1988 and park to be used
by the Lions Club on Saturday August 27, 1988, subject to the following
conditions:
a. Lions Club meet with Police and Parks Departments by June 30, 1988 to
coordinate event details.
b. Lions Club will provide the Town of Los Gatos with special event insurance
coverage in the amount of one million dollars. The Town will be named as
additionally insured. The Town will also be provided with a hold harmless
agreement. c. Obtain a valid Alcoholic Beverage Control License for any beer
and wine to be sold. Only one beer and wine booth to be allowed. All beer and
wine will be consumed in an area contained by a fenced perimeter as outlined by
the Police Department.
d. Two Police Officers to be assigned for event security between the hours of
noon and 7:00 p.m.
e. Alcoholic beverage sale to cease no later than 7:00 p.m.
f. All food services will meet requirements of the Health Department.
g. All provisions of section 11.20.060 of the Los Gatos Noise Ordinance to be
met: Subject to the exceptions in section 11.30.060, in the daytime (between the
hours of 7:00 a.m. and (10:00 p.m.) no person shall make a noise louder than 75
DBA measured 25 feet from the source.
h. Expenses incurred by the Town for additional maintenance needs will be paid
by the applicant.
Mr. Hamilton seconded. Carried unanimously.
YOUTH SCIENCE INSTITUTE 10 K RACE
Mrs. Benjamin moved to approve the YOUTH SCIENCE INSTITUTE request for
a 10 Kilometer race on Sunday, September 11, 1988, subject to the following
requirements that must be met by the race sponsors to ensure the safety of race
participants:
1) Race sponsor shall reimburse Town for the cost of five police officers at
$26.40 hourly x a 3-hour minimum =$396.00.
2) Sponsor shall provide ten (10) volunteers to staff five (5) traffic control points.
3) List of volunteers' names, addresses and telephone numbers to be provided
to the police department no later than 30 days prior to the event.
4) Sponsor to provide then (10) traffic control vests of a type approved, and as
specified in the Caltrans Traffic Manual, Section 5-07.3 (Flaggers).
5) Barricades shall be placed at every traffic control point; estimated cost is
$40.00.
6) Race sponsor shall reimburse Town for any additional cost to Town.
7) Sponsor shall provide a one million dollar liability policy for this event, naming
the Town of Los Gatos as an insured, as well as signing a Hold Harmless and
Indemnification Agreement.
8) Sponsor shall obtain special use permit from the Santa Clara County Parks
and Recreation Department.
Mr. Hamilton seconded. Carried unanimously.
CLAIM OF MARVIN WOODLIEF
Mrs. Benjamin moved to accept staff recommendation and deny the application
for leave to present a late claim of Marvin Woodlief. Mr. Hamilton seconded.
Carried unanimously.
BELOW MARKET PRICE PROGRAM DEED RESTRICTIONS
Mrs. Benjamin moved for the adoption of Resolution No. 1988-80 entitled, A
RESOLUTION OF THE TOWN OF LOS GATOS AMENDING THE BELOW
MARKET PRICE PROGRAM DEED RESTRICTIONS. (This resolution rescinds
Resolution NO. 1981-229. Mr. Hamilton seconded. Carried unanimously.
BMP PROCEDURE AMENDMENT
Mrs. Benjamin moved for the adoption of Resolution No. 1988-81 entitled, TOWN
COUNCIL RESOLUTION SPECIFYING RULES, PROCEDURES AND
CRITERIA FOR THE TOWN'S BELOW MARKET PRICE HOUSING PROGRAM.
Mr. Hamilton seconded. Carried unanimously.
PLANS & SPEC. U.U.D. PROJECTS 8701-8702-8703
Mrs. Benjamin moved for the adoption of Resolution NO. 1988-82 entitled,
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
APPROVING PLANS AND SPECIFICATIONS FOR INSTALLATION OF
ELECTROLIERS FOR UNDERGROUND UTILITIES DISTRICTS 8701-8702-
8703 PROJECT 8701-8702-8703. Mr. Hamilton seconded. Carried
unanimously.
DENIAL HEALTH SERVICES
Mrs. Benjamin moved for the adoption of Resolution No. 1988-83 entitled,
RESOLUTION AUTHORIZING THE TOWN MANAGER TO ENTER INTO AN
AGREEMENT WITH CALIFORNIA DENIAL HEALTH PLAN. Mr. Hamilton
seconded. Carried unanimously.
CITIZEN OF THE YEAR - AWARD
Mrs. Benjamin moved for the adoption of Resolution No.1988-84 entitled,
RESOLUTION OF THE TOWN OF LOS GATOS COMMENDING JOHN S.
BAGGERLY FOR HIS SELECTION AS "CITIZEN OF THE YEAR". Mr. Hamilton
seconded. Carried unanimously.
FOSTER PARENT APPRECIATION WEEK
Mrs. Benjamin moved for the adoption of Resolution No. 1988-85 entitled,
RESOLUTION OF THE TOWN OF LOS GATOS PROCLAIMING THE WEEK OF
MAY 23-29 AS "FOSTER PARENT APPRECIATION WEEK". Mr. Hamilton
seconded. Carried unanimously.
AMENDMENT TO TOWN CODE RE CERTIFICATES OF COMPLIANCES
Mrs. Benjamin moved for the adoption of Ordinance No. 1753 entitled, AN
ORDINANCE OF THE TOWN OF LOS GATOS TO AMEND THE TOWN CODE
TO MAKE NONSUBSTANTIVE CHANGES TO THE LETTERING OF THAT
SECTION WHICH ALLOWS CERTAIN CLASSES OF CERTIFICATES OF
COMPLIANCE TO BE ISSUED BY THE TOWN ENGINEER AND PLANNING
DIRECTOR. Mr. Hamilton seconded. Carried unanimously.
APPEAL - 761 UNIVERSITY AVE.
Mrs. Benjamin moved for the adoption of Resolution No. 1988-86 entitled,
RESOLUTION DENYING APPEAL OF PLANNING COMMISSION DENIAL OF
REQUEST FOR APPROVAL OF PLANS FOR CONSTRUCTION OF A MINI
WAREHOUSE STORAGE FACILITY AND FOR PERMISSION TO HAVE A
SINGLE FAMILY RESIDENCE FOR USE BY A RESIDENT MANAGER ON
PROPERTY IN THE LM ZONE. (761 UNIVERSITY AVENUE - PUBLIC
STORAGE, INC) Mr. Hamilton seconded. Carried by vote of three ayes. Mr.
Hamilton voting no. Mr. Ventura abstained.
VERBAL COMMUNICATIONS
Calvin Gordon, 39 Reservoir Road, requested that the last agenda item #41 be
taken out of order and allow it to be discussed earlier. Mayor Carlson stated this
item would be discussed after item 34.
Kindra Donald, member of the Youth Advisory Commission, spoke to Council
that this be done the first meeting in June.
APPEAL-HILLBROOK SCHOOL - 16000 MARCHMONT DRIVE
Mayor Carlson stated this was the time and place duly noted for continued public
hearing to consider appeal of Planning Commission's approval of plans for
construction of multi-purpose building (Gymnasium/Classrooms) on Property in
the HR-1 zone, U-80-10B and S-80-23B. Property owner: Hillbrook School;
property located at 16000 Marchmont Drive. Appellants: Hugh 1. Thomson,
Jeffery A. Barnett and Homer L. Higginson. Staff has requested that this item be
continued until June 6, 1988 to allow for further meetings with the neighbors in
the area. The applicant has agreed to this continuance. After some discussion,
Mr. Ferrito moved to continue this item to June 6, 1988. Mr. Hamilton seconded.
Carried by vote of four ayes. Mrs. Benjamin abstained.
APPEAL - 17400 PHILLIPS ROAD JACK COOK
Mayor Carlson stated this was the time and place duly published for public
hearing to consider the denial of request for approval of plans to subdivide a 9.3
acre parcel to create two lots on property in the HR-2 1/2 zone. Property located
at 17400 Phillips Road and owned by Jack & Janet Cook. Mayor Carlson stated
he had listened to the tapes from the previous hearing and is eligible to vote on
this issue. Planning Director Lee Bowman stated the last time this was before
Council, Council had asked the Cook's are now asking that an area be set aside
for a future barn. Mr. Bowman stated that is not unusual. The subdivision was
originally recommended by the DRC Committee but was denied by the Planning
Commission. That was the subject of the appeal. With the proposed easement,
the plan is in conformance with the Hillside Specific Plan and with the HR Zone.
It is not necessary for Council to return the application to Planning Commission
to review the easement unless the easement boundaries need to be reviewed.
The Planning Commission will look at the easement at the time the map comes
back to the Council. That is standard procedure. Staff is saying the map is
approvable and more approvable with the easement. The Planning
Commission's main reason for denying, is the suitability of the subdivision for the
property and for the site. With the easement the unbuildable portion of the lot will
be protected and removes some of the concerns the Planning Commission had.
On that basis Planning Commission would be recommending approval. Mr.
Cook spoke on the dedication of the easement and stated he had met all Town
requirements. Mr. Bowman answered questions of Council as to the placement
of the agriculture building and building could be subjected to Architecture and
Site review if Council makes that a condition on the approval of the Map.
Planning Director stated in answer to Mayor's questions there are no plan,
policies or Ordinances that this violates that would give Planning Commission
cause to deny. There being no one else wishing to speak on this issue, Mr.
Ventura moved public hearing be closed. Mrs. Benjamin seconded. Carried
unanimously. After further discussion Mr. Ferrito moved to uphold the appeal
and finds that Planning Commission erred in rejecting the subdivision based on
the traffic impact or slope density ratio and remand to Planning Commission for
investigation of the Site and Architecture of the barn; the question of public
access and the acceptance of the Open Space Easement. Mr. Ventura
seconded. Carried unanimously. Mrs. Benjamin stated she supported the
motion as she feels the condition of Architecture and Site approval of the barn is
important as there are residential houses nearby. The public access is important
but she in no way, wants the Planning Commission to think Council is remanding
this back because we have questions re the Open Space Easement. The Cook's
have granted that and wants it to be very clear, that she is supporting what the
Cook's have presented. Mr. Hamilton supported the motion for the same reason
as Mrs. Benjamin. Mr. Ferrito stated he made the motion finding the Planning
erred, not because he supports the current traffic policy, but because that is the
policy of the Town and the Commission ought not to, in particular applications,
fight the policy. They ought to fight the policy by communicating with the Council
outside of any particular application. Town Attorney to prepare appropriate
Resolution and present for Council consideration at the next Council meeting.
CHERRY BLOSSOM TRAFFIC STUDY
Mayor Carlson stated this was the time and place duly noted for public hearing
for the purpose of reviewing the Cherry Blossom Neighborhood Traffic Study
Action Plan. Don Wimberly, 15961 Quail Hill Road, spoke of his interest in the
Blossom Hill Road portion of the study and thanked Council for their extended
efforts to hear from the various persons on that topic. The proposal before
Council tonight (by staff) is to improve the Cherry Blossom intersection by
installing additional signaling equipment, relocating the crosswalks, cleaning up
and making safety improvements to that intersection is something he strongly
supports. Ken Houge, representative of The Terraces of Los Gatos, spoke in
support of action plan but questioned the percentage of allocation of cost for
signalization. Mr. Zapf spoke on the cost and allocation of percentage. Dr.
Chamberlain, spoke in favor of improvement and signalization at Camellia
Terrace. Also speaking on the issue was Lee Yurosko, Jim Dixon and Ross
Bainbridge. There being no one else from the audience wishing to speak on this
issue, Mr. Ferrito moved to close the public hearing. Mr. Hamilton seconded.
Carried unanimously. Mrs. Benjamin moved to authorize the issuance of a work
order for the installation of four way stop signs at the intersection of Cherry
Blossom and Cherry Stone Drive. Mrs. Benjamin moved for the adoption of
Resolution No. 1988-87 entitled, RESOLUTION ESTABLISHING A 4 MAY
VEHICULAR STOP AT CHERRY BLOSSOM LANE AND CHERRYSTONE
DRIVE and to accept staff recommendation as follows:
1. Authorize staff to develop plans and specifications for reconstruction of traffic
signals at Blossom Hill Road and Cherry Blossom Lane. Cost to be 50% for
Town/50% for developer.
2. Authorize staff to develop plans and specifications at Blossom Hill Road and
Camellia Terrace (with cost to be 75% for Town and 25% for developer) and also
work on trying to solve incrementally the "cut through traffic" through residential
area. Mr. Hamilton seconded. Carried unanimously. Mr. Ventura commented on
the need for interconnection between Los Gatos Blvd., Blossom Hill Road. He
stated he could see a potential for horrendous Back ups in turning movement
that will jam Los Gatos Blvd with cars turning left onto Bl Hill Rd. Direct staff to
make sure this gets installed correctly.
APPEAL - 15308 TOP OF THE HILL COURT - M. PARKS
Mayor Carlson stated this was the time and place duly published for public
hearing to consider Planning Commission denial of request for approval of plans
for construction of a single family residence on property that is prezone HR-5, S-
87-13. Property located at 15308 Top of the Hill Court and owned by Martin
Parks. Tim Raibley, Engineer, representing Mr. Parks, explained the problem to
Council and feels there was a misunderstanding in rules of setbacks and feels
what Planning is asking is not feasible. Also speaking on this issue was Vicki
Pilger and Steve Halladay objecting to the size of the proposed house and urging
Council to uphold Planning's decision and deny the appeal. There being no one
else from the audience wishing to speak on this issue, Mr. Ventura moved to
close the public hearing. Mr. Ferrito seconded. Carried unanimously. After
further discussion Mr. Ferrito moved to uphold Planning Commission's decision,
as he cannot see where Planning erred and appeal be denied. Mrs. Benjamin
seconded stating the size of the house should fit the size of the lot. Mr. Ventura
stated he would support the motion as the house is to big for the lot and its
encroachment into the sideyard setback.. Mr. Hamilton stated he could not
support the motion. He is not sure what size the house should be and the
variance is allowed when we have a substandard lot and would like to see
Council send it back and take on a new direction. Motion carried by vote of four
ayes. Mr. Hamilton voting no as stated above. Town Attorney to prepare
appropriate Resolution and present for Council consideration at the next meeting.
APPEAL - 17601 FOSTER ROAD J.P. DINAPOLI
Mayor Carlson stated this was the time and place duly published for public
hearing to consider the appeal of Planning Commission's approval of a request
for modification to approvals previously granted for the construction of a single
family residence and permission to have a caretaker's unit as a part of the
residential use on property in the HR-5 zone. Property owned by J. Philip
DiNapoli at 17601 Foster Road. Mr. young, appellant and resident on Foster
Road, stated he has appealed the decision of the Planning Commission based
on the amount of traffic that the caretakers unit will add to Foster Road and feels
that there is an existing sight distance problem at the location of his driveway
along Foster Road, which should be corrected before any additional traffic is
allowed. He stated County Supervisor Suzanne Wilson has directed the County
Surveyor to study Foster Road in the vicinity of Mr. Young's driveway and to
submit a report. Others speaking on this appeal were Kathy Anderson and Peter
Larko and urged Council to deny the appeal. There being no one else from the
audience wishing to speak on this issue, Mr. Ventura moved to close the public
hearing. Mr. Ferrito seconded. Carried unanimously. After further discussion
Mr. Ventura moved to uphold Planning Commission decision and deny the
appeal as this is a preexisting condition on Foster Road. Staff be authorized to
look into the situation and take care of any problem that is within the Town's
jurisdiction and Mayor and staff to write a letter to Supervisor Wilson and the
County, suggesting that they fix their problem and Town offer reasonable
assistance that may be required and staff to consider suggestions made by Ms.
Anderson. Mr. Ferrito seconded. Carried unanimously. Town Attorney to
prepare appropriate Resolution and present for Council consideration at the next
Council meeting.
GUADALUPE COLLEGE ACCESS ROAD
Douglas Lincoln, 100 Olde Drive, stated he is speaking tonight to ask Council to
preserve St. Joseph's Hill Open Space and presented Council with petition
containing approximately 1500 signatures stating they are against the
construction of the paved road through the Saint Joseph's Hill Open Space
Preserve. Calvin Gordon, 39 Reservoir and Dan Currier, 6424 Montavlo Ct. San
Jose also spoke urging Council's support in the preservation of this Open Space.
Their alternate proposals for building the road through the preserve are - 1) A two
year moratorium be placed on the construction of any road through the St.
Joseph's preserve. 2) Foster Road be used temporarily during this time for
access to the Guadalupe site and 3) an alternative route up the back of the
mountain be studied. This road would come up from the Lime Kiln Canyon area
and could possibly include a lower corner segment of the Open Space. He
stated their intention is not to stop the College but to stop the road. Mayor
Carlson asked staff for report. Mr. Bowman stated that there is a Conditional
Use Permit application that has been approved and it will expire in October and
the conditions on that permit, which were subject to hearing, include the
construction of this road and there are 71 conditions relating to the use of the
College and 2/3 of the conditions are relating to this road. If the application is not
vested and substantial work has not been done prior to expiration date of the Use
Permit the College would have to get an extension or apply for a new permit and
at that time the hearing will be open to any suggestions and any comments, but
until that occurs there is no way under our Ordinance that the Town could call up
their application and amend it at this time. After discussion Councilwoman
Benjamin urged Mr. Lincoln and others to meet with owners of the property to
discuss this problem. Mrs. Yurosko from the audience spoke on one condition of
the use permit and that is that nothing can be done about the road in question
until the overpass is constructed on Highway 17. Mrs. Benjamin suggested Mr.
Lincoln, Mr. Gordon and Mr. Currier meet with the owner of the property and
applicants and see what can be worked out. Mr., Ventura spoke on the purchase
of the property and the road was designated at that time and he will volunteer his
time to work with the opponents and the applicants to help on this issue.
RECESS
Mayor Carlson declared a recess. Meeting reconvened at 10:20 p.m.
ZONING ORDINANCE AMENDMENT RE MASSAGE PRACTITIONERS
Request had been received from Deborah Meade to amend the Zoning
Ordinance which would allow those persons certified in massage therapy to
practice in Los Gatos. Speaking on the issue was Deborah Meade, stating the
State requires certification to be called a massage practitioner and that
requirement is for 150 hours training. Other states have considered it and
require a 1000 hours training to receive that title. After further discussion it was
consensus of Council to inform applicant that she should contact their State
Representatives to see if something could possible be initiated. It was noted that
the rules of Los Gatos are as stated in the zoning Ordinance and will not be
amended at this time. No further action was taken on this issue.
3 WAY STOP AT SAN BENITO & BRUCE AVE.
Discussion was held on the proposed installation of stop sign. Mr. Ventura
questioned if people in this neighborhood had been noticed. Mr. Ferrito stated
that was his concerns also. Mr. Zapf stated there had been a mailing survey.
Speaking from the audience was Sylvia Malley who was the one that had
requested the stop sign and she had made a door to door survey and 81% had
favored the stop sign. After further discussion, Mr. Ferrito moved for the
adoption of Resolution No. 1988-88 entitled, A RESOLUTION DESIGNATING A
VEHICULAR STOP AT THE INTERSECTION OF BRUCE AVENUE WITH SAN
BENITO WAY. (this would authorize the installation of one stop sign on
westbound direction of Bruce Avenue at San Benito Way in conjunction with City
of Monte Sereno to form a 3-way stop at said intersection). Mr. Ventura
seconded. Carried unanimously.
COURT DECISION RE 445 LEIGH AVE. NATIONAL CONVENIENCE STORE
Mr. Hamilton questioned having a review process and it was noted that it states
that in the revised Resolution proposed for Council tonight. Speaking on the
issue was Cynthia Cima, representing the National Convenience Store and David
McLean, District Manager of the store. After further discussion Mr. Ventura
moved for the adoption of amended Resolution No. 1988-89 entitled,
RESOLUTION AFTER COURT DECISION TO MODIFY TOWN COUNCIL
DECISION IN RESOLUTION NO. 1984-221 DENYING APPEAL OF PLANNING
COMMISSION DECISION IMPOSING CERTAIN CONDITIONS ON THE
GRANTING OF CONDITIONAL USE PERMIT FOR CERTAIN STOP-N-GO
MARKET: MODIFYING CONDITIONS OF APPROVAL: DETERMINING
AMORTIZATION PERIOD: AND DETERMINING THE STORE CONSTITUTES A
PUBLIC NUISANCE: REPEALING RESOLUTION NO. 1984-221 (445 LEIGH
AVENUE - STOP-N-GO MARKET). Mr. Ferrito seconded. Carried by vote of
four ayes. Mr. Hamilton voting no. It was explained that this is done in
compliance with the Court decision and with the Council taking this action then
the convenience store could apply for modification whereby a public hearing will
be held. Town Attorney answered questions of Council stating that nothing had
been said tonight which would change the recommendations as presented in the
above Resolution adopted tonight.
COUNCIL MINUTES APRIL 4, 1988
Mr. Ventura moved for the approval of the corrected minutes of April 4, 1988.
Mrs. Benjamin seconded. Carried unanimously.
COUNCIL MINUTES MAY 2, 1988
Mrs. Benjamin requested correction on Page 4 - Subject -Extension of Ord. 1747.
Vote on the issue was four ayes. Mrs. Benjamin voting aye and on page 6 -
subject - Appeal -761 University, to add "There was a merger of 5 lots into one,
which does not maintain the integrity of the LM zone." Other corrections were
Page 4 - subject - Extension of Ord. 1748 - 7th line down from the top to read
"matter as before and Mr. Hamilton will be voting as this....). Page 9 - subject -
Deputy Treasurer. Minutes to reflect reason for Mrs. Benjamin and Mr. Ferrito for
voting no. "Treasurer had already spent his allotted amount, which sends
message to all other departments that it is alright to overspend without approval.
Mrs. Benjamin moved for the approval of minutes of May 2, 1988 as corrected.
Mr. Ventura seconded. Carried unanimously.
TREASURER'S REPORTS
Mayor Carlson stated Council had received March 1988, April 1988 Treasurer's
report and received a report of May through May 8, 1988.
HAZARDOUS MATERIALS PERMIT FEES
Mr. Ferrito moved to direct staff to contact Central Fire District to address the
specific concerns outlined in letter from Mr. Davies; update survey of hazardous
materials permit fees County-wide and return with report June 6, 1988
addressing these issues. Mrs. Benjamin seconded. Carried unanimously.
ROUTE 85 RIGHT-OF-WAY ACQUISITION
Mayor Carlson reported that he and the Town Manager had met with Mr.
Quackenbush and tried to explain the Towns position and the issues that are
important to the Town and Mr. Quackenbush indicated that he would be trying to
apply pressure to Saratoga to have an interchange and that he would be
contacting Callrans and the traffic Authorities. Mr. Ferrito read article from the
newspaper re widening the roads. After further discussion Mr. Ventura moved to
reschedule this matter for consideration at its June 20, 1988 meeting and set a
date of August 8 for a Council Workshop. Mr. Hamilton seconded. Carried by
three ayes. Mr. Ferrito and Mr. Carlson voting no. Mr. Ventura suggested that
the Mayor and Mr. Ferrito prepare and send a letter to Representatives in
Sacramento, to the press and other local officials stating what the Town's
position. Letter to be sent as soon as possible.
NEW SECONDARY DWELLING UNITS
Mr. Bowman spoke on the report and staff recommendations. Mr. Ferrito
disagreed with staff recommendation and after further discussion Mr. Ferrito
moved to refer staff report to the Planning Commission, as it exists, and have
Planning recommend to Council whether Council ought to proceed with Alternate
#1 (Council's request) or Alternate #2 (staff recommendation). Mrs. Benjamin
seconded. Carried unanimously.
PROJECT 8707 L.G. BLVD/LOMA ALTA - EAST MAIN/PLEASANT SIGNAL
Mr. Ventura moved to delete the proposed traffic signal at the Los Gatos
Boulevard/Loma Alta intersection. Mrs. Benjamin seconded. Carried by vote of
four ayes. Mr. Hamilton voted no. Discussion was held on redesigning the path
of that road whereby a light would not be needed. Mrs. Benjamin spoke of the
placement of stop signs at Pleasant and E. Main. Town Engineer stated he
would need a couple weeks to look into this. Mr. Ventura moved to continue this
for 2 weeks and have staff come back with report on installing of interim top
signs. Mrs. Benjamin seconded. Carried unanimously.
INSTALLATION OF TRAFFIC DEVICES VISTA DEL MONTE
Mr. Benjamin stated it is fine if staff wants to paint the street but feel people going
on that street are people who live there and that she is against cluttering the
streets with any more signs. Mrs. Benjamin moved Council direct staff to
proceed with the painting of double yellow centerline and pavement markers
only. Mr. Carlson seconded. Carried unanimously. Mr. Ferrito moved Council
approve recommendation #2/ Motion fails for lack of a second.
LOS GATOS HIGH SCHOOL CENTENNIAL ALUMNI REUNION
Discussion was held on the request of the Los Gatos High School and Los Gatos
Lions Club to sell beer an wine in conjunction with Los Gatos High Schools'
Centennial Alumni Reunion to be held june 18, 1988 and also close a portion of
New York Avenue. Town Manager state there is also a staff recommendation
that Charles Street be closed. Mr. Ventura moved to approve the request for
sale of beer and wine for the High School Alumni Reunion; close portion of New
York Avenue and Charles street subject to the following conditions:
a) Event hours will be established from 8:00 AM to 12:00 Midnight.
b) Live entertainment will take place on the High School's football field between
1:30 PM and 7:30 PM. Amplified music shall not exceed 75 DBA - measured
twenty-five (25) feet from the source.
c) Street closure (New York Avenue through the High School's parking lot to the
dead-end by the tennis courts) will begin at 8:00 AM and end at 12:00 Midnight.
d) Fenced-in beer and wine garden to be provided by the Los Gatos Lions Club.
They will also provide the necessary signs posted within the garden area and
make sure it is cleaned up prior to securing the area.
e) Applicant will supply at least five (5) security officers from a licensed security
firm to provide extra security in the area of the beer and wine garden, and
whatever else security may be required.
f) A map of the proposed beer an wine garden area shall be presented to the
Police Department prior to June 1, 1988.
g) The Lions Club to provide the Police Department a list of at least five (5)
volunteers who will be working security of the beer and wine garden area.
h) Lions Club will obtain a valid Alcoholic Beverage Control License for beer and
wine to be sold.
i) A schedule of events to be supplied to the Police Department.
j) Lions Club will provide the Town with a special event insurance coverage in
the amount of one million dollars. Lions Club will also provide the Town with a
Hold Harmless Agreement.
k) Four (4) police officers and one (1) police sergeant will be required for security
purposes.
l) Applicant will reimburse the Town for police security provided.
m) Time limit parking on East Main Street from Pageant east to Church Street to
be waived for Saturday, June 18, 1988.
Mrs. Benjamin seconded. Carried by vote of four ayes. Mr. Hamilton voting no.
SOCCER FIELDS AVAILABILITY
Mr. Hamilton stated the report from the Parks Commission does not report on the
pursuit of finding more available soccer field and that is what he thought they
were to report on. Mr. Bryant spoke on the report and answered questions of
Council. After further discussion Mr. Hamilton moved to encourage the soccer
leagues to pursue finding other fields where their games could be held, due to
traffic problems at Fisher School. Mr. Carlson seconded. Carried unanimously.
TRAFFIC POLICY REVIEW
Discussion was held on the letter of Dan Simons requesting review of current
traffic policy. No action was taken.
VASONA CORRIDOR ALTERNATIVES
Mr. Ventura questioned the report of the Vasona Corridor Alternatives analysis.
Mr. Zapf answered questions of Councilmembers. After further discussion Mr.
Ventura amoved to notify our representative on the specific plan committee that
without extension to Camden the Town will not support ending the line at Vasona
Station. Mr. Carlson seconded. Carried unanimously. Mr. Ventura moved to
refer to Route 85 Specific Plan Committee a policy to come back to Council, for
adoption by Resolution, regarding how we can effectuate to local funding the
extension of mass transit line from Vasona Station to Bascom Avenue in the 85
Corridor. Mrs. Benjamin seconded. Carried unanimously.
METROPOLITAN TRANSPORTATION COMMISSION FUNDING
It was consensus of Council to authorize the Mayor to amend the proposed letter
and send to the Metropolitan Transportation Commission indicating support for
preference in the State regional Implementation Plan (STIP) for those regions
who enact local revenue measures.
HOUSING CONSERVATION PROGRAM GUIDELINES
Mr. Hamilton spoke of his concerns re Councilmembers not having access to
confidential information re the Housing Conservation program. Discussion was
held on the need to have individual names given to Council persons. Town
Attorney reported to Council on right of access and reason for the need to know
to the names. Town Attorney stated she believes the information Mr. Hamilton is
seeking can be given without divulging any names. Town Manager stated the
report before Council tonight is to deal with policy issues only. After further
discussion Mr. Ventura moved to continue this issue for four weeks to allow Mr.
Hamilton to meet with staff and put in writing, in detail, as to the information he
wishes. Mrs. Benjamin seconded. Carried unanimously. Mr. Ferrito requested a
study session to discuss this, so all Council persons can be educated on this
matter.
MEETING PAST MIDNIGHT
Mr. Hamilton moved to continue the meeting past midnight.
Mr. Ferrito seconded. Carried unanimously.
HOUSING (cont)
Mr. Ferrito questioned issue in the report. After further discussion Mr. Ferrito
moved for the adoption of Resolution No. 1988-91 entitled, A RESOLUTION OF
THE TOWN OF LOS GATOS ADOPTING THE HOUSING CONSERVATION
PROGRAM GUIDELINES. Mrs. Benjamin seconded. Carried unanimously.
PROJECT 8718 RECREATION DIST. PARKING LOT
Mr. Ventura moved for the adoption of Resolution No. 1988-92 entitled,
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
AUTHORIZING THE MAYOR TO SIGN AGREEMENTS WITH MASONIC
LODGE AND RECREATION DISTRICT PROJECT 8718 RECREATION
DISTRICT PARKING LOT. Mrs. Benjamin seconded.Carried unanimously. Mr.
Ventura moved for the adoption of Resolution No. 1988-92 entitled,
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
APPROVING PLANS AND SPECIFICATIONS FOR PROJECT 8718
RECREATION DISTRICT PARKING LOT. Mrs. Benjamin seconded. Carried
unanimously.
APPEAL- LEE KAVANAUGH 213 EDELEN AVE.
Mr. Hamilton stated he feels Ordinance re secondary units should be modified
and like to see Town to reconsider the 30 ft. rule re expansion of secondary
dwelling units and expansion that exceeds the 30 ft limit should not include
number of bedrooms nor exceed the new lot size versus secondary unit size.
Discussion was held where by Mrs. Benjamin stated it adds extra building along
some ones property line, the owner is well aware of the rules so see no reason
for reconsideration. After further discussion Mr. Ferrito moved for the adoption of
revised Resolution No. 1988-94 entitled, RESOLUTION DENYING APPEAL OF
PLANNING COMMISSION DENIAL OF EXCEPTION TO THE DEVELOPMENT
STANDARDS OF THE ZONING ORDINANCE TO PERMIT THE EXPANSION IN
FLOOR AREA OF TWO SECONDARY DWELLING UNITS IN THE R-1D-LHP
ZONE (213 EDELEN AVENUE - LEE KAVANAUGH). MR. VENTURA
SECONDED. Carried unanimously.
ADJOURNMENT
Mrs. Benjamin moved meeting be adjourned at 12:25 A.M., Tuesday May 17,
1988. Mr. Hamilton seconded. Carried unanimously.
ATTEST:
Rose E. Aldag
Town Clerk