M 01-03-89TOWN OF LOS GATOS CALIFORNIA
TOWN COUNCIL/PARKING AUTHORITY AGENDA
JANUARY 3, 1989
ROLL CALL
PRESENT: Eric D. Carlson, Thomas J. Ferrito, and Mayor Joanne
Benjamin.
ABSENT:Robert L. Hamilton and Brent N. Ventura.
Interviews were held for the Community Services and
Parking Commissions. The record shows that Mr. Ventura
arrived at 7:47 p.m.
TOWN COUNCIL
The Town Council/Parking Authority met in the Council Chambers of the Town
Hall at 7:52 p.m., in regular session.
PLEDGE OF ALLEGIANCE
Given by all in attendance.
APPOINTMENTS COMMUNITY SERVICES COMMISSION
Applications were received from Elroy McDonald Smith, Joseph R. Ferrito,
Catherine (Klein) Fisher, Mary Alice Blice, and Diane B. Werp for three vacancies
on the Community Service Commission.
The record shows that Mr. Ferrito abstained from voting until his brother removed
his application. Voting was held and Catherine (Klein) Fisher, Mary Alice Blice,
and Diane Werp were appointed to fill the three vacancies. Term to expire
January 1, 1992.
APPOINTMENTS PARKING COMMISSION
Application was received from Elroy McDonald Smith for one of two vacancies on
the Parking Commission. Due to insufficient applications to fill the openings the
Parking Commission appointments will be continued for re-advertisement.
CLOSED SESSION
Mary Jo Levinger, Town Attorney, reported that Council had met in Closed
Session pursuant to Government Code Section 54956.9(a) in regards to Nadey
v. Town. Council agreed to settle litigation in the amount of $5,500.
Pursuant to Government Code Section 54956.9(a) regarding Brasher Worker's
Compensation, there was no report.
Pursuant to Government Code Section 54956.9(b) regarding the claim of Cynthia
Morgan, Council made a finding of significant exposure to litigation and agreed to
settle the claim in the total amount of $10,.000.
Pursuant to Government Code Section 54956.9(c) regarding Institution of
Litigation re: Villa Vasona, there was no report.
BID AWARD POLICE MOTORCYCLES
Two bids were received for the purchase of two new 1989 motorcycles for Police
Traffic Patrol use from Golden State Harley-Davidson and Grand Prix. Mr.
Carlson moved to award the bid to Grand Prix Motorcycles in the amount of
$6,249.00 each plus 7% sales tax ($437.43) for a total cost of $6,686.43 each
without trade-in. One motorcycle to be purchased upon acceptance of bid by
Council and the second to be purchased upon approval of the O.T.S. Grant. Mr.
Ventura seconded. Carried by a vote of 4 ayes. Mr. Hamilton absent.
APPOINTMENTS STUDENT PARKS COMMISSION
Applications were received from Alison Banks, Christie-Joy Brodrick, Casper
Partovi, Robin Aaron Javaherian, Ahmad Reza Sheikholeslami, and Biret Anna
Corin Adden for two vacancies for student membership on the Los Gatos Parks
Commission. It was Council consensus to appoint Alison Banks and Christy
Broderick to the Commission. Their term to expire October 31, 1989. Bill York
from the Parks Commission made the presentation.
PUBLIC HEARING SCHEDULE
Council informational report.
COUNCIL CALENDAR
Council informational report.
PAYROLL DECEMBER 30, 1988 PAYROLL & RELATED WARRANTS
Mr. Carlson moved for the approval of December 30, 1988 payroll in the amount
of $176,596.68 and payroll related warrants in the amount of $350,931.05. Mr.
Ventura seconded. Carried by a vote of 4 ayes. Mar. Hamilton absent.
PLANNING COMM/DEPART MONTHLY REPORT
Council informational report.
ACCEPTANCE/COMPLETION PROJECT 8801
Mr. Carlson moved to authorize the Mayor to execute and the Town Clerk to
record a Notice of Completion and Certificate of Acceptance, for replacement of
a traffic signal controller at Los Gatos Blvd/Saratoga Ave., Project 8801. Mr.
Ventura seconded. Carried by a vote of 4 ayes. Mr. Hamilton absent.
APPEAL 471 SANTA ROSA DR.
Mayor Benjamin stated that this was the time and place duly noted for public
hearing to consider appeal of Planning Commission's denial to modify an
approval granted to change the exterior color of a single family residence.
Property owner, Peter C. Woglom. Location, 471 Santa Rosa Drive. Peter
Woglom stated that he was willing to sign an attachment, or contract in order to
retrieve his $4,000.00 deposit. No one else from the audience wished to speak
on this issue. Mr. Carlson moved to close the public hearing. Mr. Ventura
seconded. Carried by a vote of 4 ayes. Mr. Hamilton absent. Mr. Carlson
moved to uphold the Planning Commission's decision denying the request for a
modification to the original approval to allow a change in the approved exterior
color for a single family residence with following conditions: painting to be done
within ten years, color to be approved by Town and authorized bond not to
exceed $200.00 in cost to owner. Mr. Ventura seconded. Carried by a vote of 3
ayes. Mayor Benjamin voted no. Mr. Hamilton absent. Town Attorney to
prepare a resolution for Council consideration.
APPEAL 15347 NATIONAL AV
Mayor Benjamin stated that this was the time and place duly noted for public
hearing to consider appeal of Planning Commission's denial of zone change
application Z-88-1, requiring an Environmental Impact Report and request of
change in zoning from R-1:8000 (single family residential), 8000 square foot
minimum lot size) to R-1:8000-PD (single family residential, 8,000 square foot
minimum lot size-planned Development) and requesting permission to construct
an 80 room senior citizen retirement home. Property located at 15347 National
Avenue; property owner, Goldrich, Kest & Associates. Robert Hersch, 15233
Ventura Blvd., made a detailed report on the appropriateness of a retirement
home designed for National Ave. Mt. Carlson, Mr. Ventura and Mayor Benjamin
mentioned for the record that they had met with and discussed the issue with Mr.
Hersch. The following residents of the neighborhood spoke in favor of the
current single family residential zone remaining in effect: Vern Russell, 210 Jo
Drive; Allen Morman, 218 Jo Drive; Ray Petty, 380 Blackwell Ave.; Randy Carter,
243 Jo Drive; Frank LaFarge, Blackwell & Jo. No one else from the audience
wished to speak on this issue. Mr. Carlson moved to close the public hearing.
Mr. Ventura seconded. Carried by a vote of 4 ayes. Mr. Hamilton absent. Mr.
Carlson moved to uphold Planning Commission's decision and deny application
Z-88-1. Mr. Ferrito seconded. Carried by a vote of 4 ayes. Mr. Hamilton absent.
Town Attorney to prepare a resolution for Council consideration.
APPEAL 542-548 N. SANTA CRUZ AV.
Mayor Benjamin stated that this was the time and place duly noted for public
hearing to consider an appeal of Planning Commission's denial of Conditional
Use Permit Application U-88-7 requesting permission to operate a restaurant with
the sale of beer and wine, and outdoor seating, on property in the LM zone.
Property located at 542 - 548 N. Santa Cruz Avenue. Owner, All California Title
Co.; applicant, James Joseph Conner/'And Chili Tamale Factory. Terry Mc Elroy,
380 Bella Vista Ave., spoke in favor of approving "And Chili's project. He gave
his reasons for giving approval based on three errors committed in Planning
Commission's decision. No one else from the audience wished to speak on this
issue. Mr. Ventura moved to close the public hearing. Mr. Carlson seconded.
Carried by a vote of 4 ayes. Mr. Hamilton absent. Mr. Ventura moved to
continue until the April 17, 1989 when it is anticipated that the proposed
amendments to the Traffic Policy are completed. Mr. Carlson seconded. Carried
by a vote of 4 ayes. Mr. Hamilton absent.
URGENCY ZONING ORDINANCE 1768
Mayor Benjamin stated that this was the time and place duly noted for public
hearing to consider Interim Zoning Ordinance 1768 establishing a temporary
prohibition on application for certain types of improvements to non-residential
property in the Downtown Specific Plan area located west of State Route 17
between Saratoga Avenue and Blossom Hill Road. No one from the audience
wished to speak on this issue. Mr. Carlson moved to continue to January 9,
1989. Mr. Ventura seconded. Carried with a vote of 3 ayes. Mr. Ferrito voted
no. Mr. Hamilton absent.
URGENCY ZONING ORDINANCE 1769
Mayor Benjamin stated that this was the time and place duly noted for public
hearing to consider Interim Zoning Ordinance 1769 establishing a temporary
prohibition on application for certain types of improvements to property in the
area bounded by Blossom Hill Road, Short Road, Hicks Road and Shannon
Road. Jeffrey Widman, 84 W. Santa Clara St., San Jose, spoke for clients who
own property in the area affected by this ordinance. Adu Bagley, Carl Ave.
Monte Sereno, spoke for the Town Trails Committee, and thanked staff for
looking at this property before it is subdivided. Diane Mc Laughlin, 15626
Francis Oaks Way, mentioned that the neighborhood is behind the moratorium.
Others spoke for and against the ordinance. No one else from the audience
wished to speak on this issue. Mr. Ferrito moved to close the public hearing. Mr.
Carlson seconded. Carried by a vote of 4 ayes. Mr. Hamilton absent. Mr.
Ferrito made the finding that there is a current and immediate threat to the public
health, safety or welfare. The approval of additional subdivisions, use permits,
variances, building permits or any other applicable entitlement for use which is
required in order to comply with a zoning ordinance would result in a threat to
public, health, safety or welfare. Mr. Ventura seconded. Carried by a vote of 4
ayes. Mr. Hamilton absent. Mr. Ferrito moved to waive the reading for AN
URGENCY INTERIM ZONING ORDINANCE EXTENDING ORDINANCE 1769
ESTABLISHING A TEMPORARY PROHIBITION ON APPLICATIONS FOR
CERTAIN TYPES OF IMPROVEMENTS TO PROPERTY IN THE AREA
BOUNDED BY SHORT ROAD, BLOSSOM HILL ROAD, HARWOOD ROAD,
HICKS ROAD AND SHANNON ROAD. Mr. Ventura seconded. Carried by a
vote of 4 ayes. Mr. Hamilton absent. Clerk read title of the ordinance. Mr.
Ferrito moved to introduce and adopt Ordinance 1777 entitled, AN URGENCY
INTERIM ZONING ORDINANCE EXTENDING ORDINANCE 1769
ESTABLISHING A TEMPORARY PROHIBITION ON APPLICATIONS FOR
CERTAIN TYPES OF IMPROVEMENTS TO PROPERTY IN THE AREA
BOUNDED BY SHORT ROAD, BLOSSOM HILL ROAD, HARWOOD ROAD,
HICKS ROAD AND SHANNON ROAD, effective until November 28, 1989. Mr.
Ventura seconded. Carried by a vote of 4 ayes. Mr. Hamilton absent. Mr. Ferrito
moved for consensus to instruct staff to move this item as expeditiously as
possible given the workload of the staff. Mr. Ventura seconded. Carried by a
vote of 4 ayes. Mr. Hamilton absent.
ZONE CHANGE APPLICATION 15755 BLOSSOM HILL ROAD
Mayor Benjamin stated that this was the time and place duly noted for public
hearing to consider Planning Commission's recommendation on Zone Change
Application Z-80-17A requesting permission to modify an approved planned
development zone granted for a residential project. Modifications will include
construction of six single family residential structures for property in the R-
1:8000-PD zone. Property located at 15755 Blossom Hill Road. Property
Owner: Nancy Latos; applicant.
David Neale. David Neale, 17311 Zena Ave., Monte Sereno, explained
development of single family homes. Steve Benzing, 14630 Big Basin Way,
Saratoga, architect for the project, explained the development. Mr. Carlson
asked for an explanation of flag lots and fencing heights. Mr. Ventura addressed
the possibility of one home for more affordable housing. Mr. Bowman said the
DRC recommends that applicant pay the in lieu fee instead of supplying BMP
units. Linda Callan, 99 Almaden Blvd., San Jose, representing the applicant,
mentioned the findings that the Planning Commission found at their November 9,
1989 meeting regarding the razing of a house. Mr. Ferrito suggested that the
best use for unit 8 would be open space as a mini park. Mayor Benjamin
suggests that staff notice neighbors regarding the desirability of a mini park. Mr.
Ventura moved to continue this public hearing to February 21, 1989, directing
staff to send notice and survey to all neighbors of project requesting their
opinions about the development and the possibility o a mini park. Mr. Carlson
seconded. Carried by a vote of 4 ayes. Mr. Hamilton absent.
MINUTES NOVEMBER 21, 1988
Mr. Ferrito requested page 9, item Zanardi, spelling correction.
Mr. Ferrito moved the minutes of November 21, 1988 be approved as corrected.
Mr. Carlson seconded. Carried 3 ayes. Mr. Ventura abstained. Mr. Hamilton
absent.
MINUTES NOVEMBER 22, 1988
Mr. Ventura moved the minutes of November 22, 1988 be approved as
submitted. Mr. Carlson seconded. Carried 3 ayes. Mr. Ferrito abstained. Mr.
Hamilton absent.
MINUTES NOVEMBER 28, 1988
Mr. Ventura moved the minutes of November 28, 1988 be approved as
submitted. Mr. Carlson seconded. Carried 4 ayes. Mr. Hamilton absent.
MINUTES DECEMBER 5, 1988
Mr. Ventura requested page 7, conceptual correction of neutrality on council's
part in Planning Commission's consideration of multiple family housing in non-
conforming motels. Mr. Ventura moved the minutes of December 5, 1988 be
approved as amended. Mr. Carlson seconded. Carried 4 ayes. Mr. Hamilton
absent.
MINUTES DECEMBER 19, 1988
Mr. Ventura requested page 3, reflect Mr. Ventura abstained from 17471
Wedgewood due to not receiving tape. Mr. Ferrito moved the minutes of
December 19, 1988 be approved as amended. Mr. Carlson seconded. Carried 4
ayes. Mr. Hamilton absent.
TREASURER'S REPORT 1988
Mayor Benjamin stated Council had received the Treasurer's Report of
November, 1988.
ORDINANCE 300 BLOSSOM HILL
Introduction of ordinance for change in zone from O, R-1:8000 and RM-5:20 to
R-1:8000 PD, Z-86-6, in order to construct a 33-unit residential development on
10.2 acres of property at the south-east corner of Blossom Hill Road and Roberts
Road. Location: 300 Blossom Hill Road. Property owners: Ed Nino and Vasona
Hills Partnership. Linda Callan, speaking for Ainsley Development., asked that a
cap be placed on condition 40b so that the cost of Roberts Rd. improvement be
50% to the development or no more than $50,000.00. Bruce Vallan, 16191
Woodacres Road, stated that there are no longer any historical artifacts in the
Nino house. Mr. Ventura moved to modify condition 1 to the effect that the
Historic Advisory Committee review any interior or exterior modifications to the
Nino house proposed by this project. Mr. Carlson seconded. Carried by a vote
of 4 ayes. Mr. Hamilton absent. Mr. Carlson moved to modify condition 40b so
that the cost to the development for Roberts Road improvements be capped at
$50,000.00. Mayor Benjamin seconded. Failed to carry with a vote of 2 ayes.
Mr. Ventura and Mr. Ferrito voted no. Mr. Hamilton absent. Mr. Ventura moved
for a contingency cap of $60,000.00. Mr. Carlson seconded. Carried with a vote
of 4 ayes. Mr. Hamilton absent. Mr. Carlson moved to waive the reading for AN
ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONING
ORDINANCE AFFECTING ZONE CHANGE NO. ______ FROM O, R-1:8000 &
RM:5-20 TO R-1:8000-PD. Mr. Ferrito seconded. Carried with a vote of 4 ayes.
Mr. Hamilton absent. The Clerk read the ordinance. Mr. Carlson moved to
introduce the ordinance as amended, modifying condition 1 to the effect that the
Historic Advisory Committee review modifications to the Nino house and
condition 40b be capped at $60,000.00. Mr. Ventura seconded. Mr. Hamilton
absent.
KCAT REORGANIZATION
Comments on KCAT Board of Directors. Item to be re-agendized in the future.
MUSEUM COMMISSION
Mr. Carlson moved for recommended action. Mr. Ferrito seconded. After further
discussion Mr. Carlson withdrew his motion. Mr. Ferrito moved to continue this
item until March 6, 1989, after Council's joint meeting. Mr. Carlson seconded.
Carried with a vote of 4 ayes. Mr. Hamilton absent.
TOWN -WIDE TRAFFIC POLICY CHANGES
After a lengthy discussion it was decided that staff would notify Council of a time
for a study session on the traffic policy, with comment from Mr. Carlson that each
councilmember submit to staff their own concept of the traffic policy.
FEMA
Mr. Ventura moved to authorize the purchase of approximately 17 vertical file
cabinets and related supplies from TAB Products in an amount not to exceed
$17,800 from FEMA funds. Mr. Carlson seconded. Carried with a vote of 4
ayes. Mr. Hamilton absent. Mr. Ventura moved for the adoption of Resolution
No. 1989-entitled, RESOLUTION AUTHORIZING THE TOWN MANAGER TO
ENTER INTO AN AGREEMENT WITH RECORDS SYSTEMS ASSOCIATES
INCORPORATED. Mr. Carlson seconded. Carried with a vote of 4 ayes. Mr.
Hamilton absent.
EXTEND MEETING
Mr. Carlson moved to extend the meeting beyond 12:00 midnight. Mr. Ventura
seconded. Carried by a vote of 4 ayes. Mr. Hamilton absent.
CROSSWALK SARATOGA AT MASSOL AVE.
Mr. Ventura moved to continue this item. Mr. Carlson seconded. Carried by a
vote of 4 ayes. Mr. Hamilton absent.
PARKING PROHIBITION EAST SIDE OF HARWOOD ROAD
Mr. Carlson moved to continue this item. Mr. Ventura seconded. Carried by a
vote of 4 ayes. Mr. Hamilton absent.
KEEP CLEAR LOS GATOS BLVD. AT FILLMER AVE.
Mr. Ventura moved to deny the request for a "Keep Clear" zone on Los Gatos
Boulevard at Fillmer Avenue. Mr. Ferrito seconded. Carried by a vote of 4 ayes.
Mr. Hamilton absent.
COMPENSATION TOWN CLERK
Mr. Ventura moved for the adoption of Resolution No. 1989-2 A RESOLUTION
ESTABLISHING THE COMPENSATION FOR THE ELECTED AND NON-
ELECTED DUTIES OF THE TOWN CLERK. Mr. Carlson seconded. Carried by
a vote of 3 ayes. Mr. Ferrito voted no. Mr. Hamilton absent.
DUTIES TOWN CLERK & FINANCE DIRECTOR
Mr. Ventura moved to waive the reading for AN ORDINANCE OF THE TOWN
OF LOS GATOS AMENDING SECTION 2.5 AND SECTION 28.3.5 OF THE
TOWN OF LOS GATOS CODE RELATING TO NON-ELECTED DUTIES OF
TOWN CLERK AND TRANSFERRING TAX & LICENSE COLLECTION TO THE
DIRECTOR OF FINANCE. Mr. Carlson seconded. Carried by a vote of 4 yes.
Mr. Hamilton absent. Town Clerk read title of the Ordinance. Mr. Ventura moved
to introduce the ordinance. Mr. Carlson seconded. Carried by a vote of 4 ayes.
Mr. Hamilton absent.
COUNCIL COMMITTEE APPOINTMENTS
Mr. Ventura moved to approve the Council Committee Appointments amended
report. Mr. Carlson seconded. Carried by a vote of 4 ayes. Mr. Hamilton
absent.
COUNCIL COMMITTEE REPORTS
A field trip for Guadalupe College is noticed for January 7th. A workshop is
noticed for January 9th following the adjourned Council meeting.
ADJOURNMENT
Mayor Benjamin declared meeting adjourned at 12:45 a.m., to be continued to
Monday, January 9, 1989, at 7:30 p.m.
ATTEST:
Marian V. Cosgrove
Town Clerk