M 03-07-83TOWN OF LOS GATOS CALIFORNIA
TOWN COUNCIL/PARKING AUTHORITY AGENDA
MARCH 7, 1983
TOWN COUNCIL
The Town Council of the Town of Los Gatos met in the Council Chambers of the Town
Hall at 7:35 p.m., in regular session.
ROLL CALL
PRESENT:Terrence J. Daily, Thomas J. Ferrito, MarLyn J. Rasmussen and
Mayor Brent N. Ventura.
ABSENT:Joanne Benjamin
PLEDGE OF ALLEGIANCE
Given by all in attendance.
INTERVIEWS & APPOINTMENTS TO SISTER CITY COMMITTEE
Applicants for the Sister City Program were John Thomsen and Lazaro Garza. Council
interviewed Mr. Thomsen. Mr. Garza was not present. After the interview was held, the
Town Manager stated there are four active members on the committee at present and
the Town Resolution provides for a total of seven members. After some discussion, Mr.
Ferrito moved for the appointment of Mr. Thomsen and Mr. Garza to said committee.
Mayor Ventura seconded. Carried unanimously.
INTERVIEW OF LOBBYIST
Mayor Ventura stated next on agenda would be interviews of persons interested in
representing the Town regarding the Prison issue in Sacramento. Council then
interviewed Dennis Valentine of Valentine, Inc. and Ralph Ochoa of Ochoa, Barbosa
and Sillas. They each spoke on their resumes that had been presented to Council.
Mayor Ventura thanked Mr. Valentine and Mr. Ochoa for their presentations and stated
no decision would be made until Council has received results of report from the Little
Hoover Commission.
CLOSED SESSION REPORT
Mayor Ventura stated the following issues were discussed during the closed session
held prior to the Council meeting: Potential litigation, personnel matter and labor
relations item.
TRUCK PROHIBITION SIGNS-TAIT AVENUE
The Town Manager stated staff had looked at the Tait Avenue situation and feels the
installation of signs is unwarranted and recommends signs not be installed. After
further discussion, it was decided this issue would be held and see what happens after
the Town proceeds with widening of Saratoga and see if problem still exists after that.
Mr. Ferrito stated there is no need for signs, to cite trucks in this area. It was decided
this would be brought back as part of discussion on diverter project. Police directed to
report to Council as to number of trucks that are being cited for not being in designated
corridors.
PEDESTRIAN SAFETY-N. SANTA CRUZ AVE.
The Town Manager reported on the review of accident record regarding pedestrian
accidents in the downtown area, stating staff recommends no installation of signs in
crosswalks, or painting of crosswalks and feels special Police enforcement is helping.
After further discussion, Mr. Daily moved this issue come back to Council at the same
time truck signs on Tait Avenue, with request that staff furnish Council with data as to
number of citations Police have issued to violators. Mrs. Rasmussen seconded with
amendment to motion to include increased Police patrol. Mr. Daily accepted
amendment. Mayor Ventura registered his opposition. Mayor Ventura stated he is in
support of information being requested but feels we should place signs along the
entrance to the CBD area, to reinforce the point. Motion failed by 2 ayes, Mr. Ferrito
and Mayor Ventura voting no. Mrs. Benjamin was absent. Mayor Ventura then moved
for installation of signs in crosswalks, as proposed. Motion dies for lack of second. Mr.
Ferrito stated he would like staff report from the Police Department regarding manpower
distribution for additional patrol of the downtown area. After further discussion Mr. Daily
restated his motion as follows: "move to continue this item and it be discussed at the
same time as the diverter project and request staff to supply information regarding
number of citations given in this interim period and which of the particular crosswalks
the citations occur and request the continuance of enforcement". Mr. Ferrito requested
amendment to motion asking Police Department for report as to how the special
enforcement list is being monitored. Mr. Daily accepted said amendment Mrs.
Rasmussen seconded the motion. Carried by a vote of three ayes. Mayor Ventura
voting no.
TOWN ANNEXATION POLICIES
Information for Council. Discussion was held as to policy of the Town regarding
unincorporated areas.
WRITTEN COMMUNICATIONS (referral/file)
1. Letter from Intergovernmental Council with copy of model ordinance regarding
Hazardous Materials Ordinance.
2. Letter from Santa Clara Valley Water District regarding their concerns on the
Hazardous Materials Ordinance. Mr. Ferrito moved to refer the proposal model
ordinance and letter of concern to staff for report at the meeting of March 21, 1983. Mrs
Rasmussen seconded. Carried unanimously.
SALE OF BERRY SCHOOL
Mr. Ferrito moved to accept staff recommendation and refer the formal notifications to
the Community Services and Development Commission and instruct staff to develop a
report detailing alternatives for consideration at the Council meeting of April 4, 1983.
Mrs. Rasmussen seconded. Carried unanimously.
CHAIRPERSONS OF COMMUNITY SERVICES AND DEVELOPMENT COMMISSION
The Community Services Commission informed Council of their election stating the new
Chairman is Catherine Smith and Vice-Chairman is Russell Louthian.
APPEAL-D. RUBIO
Mr. Ferrito moved to accept staff recommendations and withdraw this item from the
agenda and be brought back at the meeting of March 21, 1983. Mrs. Rasmussen
seconded. Carried unanimously.
COUNTY REFERRALS
Mr. Ferrito moved to accept staff recommendation on the following County Referrals:
1844-31-44-83B Soda Springs Rd. Pereira Single family dwelling No. comment
1940-34-50-83G Deer Park Court Starrett Grading permit for tennis court and
swimming pool Direct staff to recommend to County that they direct the applicant to
revise the plans to minimize the grading and that no grading begging until at least April
1, 1983.
1837-31-52-83V La Chiquita Ave Maccarone
Variance The Council should change its recommendation that the Variance application
be "denied" and change to "no comment".
Mrs. Rasmussen seconded. Carried unanimously. Mayor Ventura asked Planning for
information (at a later date) as to total possible build out in area of Soda Springs Rd.
SCHEDULE OF PUBLIC HEARINGS
Council information
FILING FEE REFUND REQUEST (ROUSE)
Lee Bowman, Planning Director, explained the situation, stating no application was
processed and no significant costs were incurred. Mr. Ferrito moved Council accept
staff report and authorize the full fee refund in the amount of $450.00. Mrs. Rasmussen
seconded. Carried unanimously.
FILING FEE REFUND REQUEST NORDAHL HALL
Lee Bowman, Planning Director, stated the Development Review Committee had
reviewed this project and significant costs were incurred. Mr. Ferrito moved Council
accept staff report and deny the request for the refund. Mrs. Rasmussen seconded.
Carried unanimously.
CERTIFICATES OF ACCEPTANCE AND NOTICES OF COMPLETION
Mr. Ferrito moved Council accept staff recommendation and accept the Certificates of
Acceptance and Notices of Completion on the following:
Bus Depot, Phase 1-Project 275, (Space-co)
Bus Depot, Phase 11 - Project 275, (William Blomquist,Inc.)
Tract 6737, Oak Meadow Drive )Cole-Reed), and Mayor be authorized to execute said
notices on behalf of the Town. Mrs. Rasmussen seconded. Carried unanimously.
STREET RESURFACING PROJECT 267-SS
Jim Van Houten, Director of Public Works, stated these were cooperative agreements
with the City of San Jose, and County of Santa Clara for resurfacing of various streets
including parts of Union Avenuse, Blossom Hill Road and Los Gatos-Almaden Road,
which are partly in San Jose and partly in the unincorporated area of the County. Mr
Ferrito moved Council accept staff recommendation and adopt Resolution No. 1983-42
entitled, RESOLUTION APPROVING THE STREET RESURFACING AGREEMENT
WITH THE CITY OF SAN JOSE and Resolution No. 1983-43, entitled, RESOLUTION
APPROVING THE STREET RESURFACING AGREEMENT WITH THE COUNTY OF
SANTA CLARA, and Mayor be authorized to sign agreements on behalf of the Town.
Mrs. Rasmussen seconded. Carried unanimously.
MINUTES
Mayor Ventura requested the Town Clerk review the tape and correct the minutes of
February 22, 1983, accordingly. Approval of minutes continued to meeting of March 21,
1983.
WRITTEN COMMUNICATIONS (FOR ACTION)
1. Letter from City of Vista regarding Federal Initiative to combine General Revenue
Sharing and Community Development Block Grand Funds. Mr. Ferrito moved Council
accept staff recommendation and nor support the proposed amendment to the CBDG
program. Mrs. Rasmussen seconded. Carried unanimously.
2. Letter from Jim Lewis requesting Council to establish a five member. Appeal Board
to grant exceptions to the Handicapped access regulations. It was noted by staff that
the Town Council already acts as an Appeals Board and policy has been established.
After further discussion, Mr. Ferrito moved this be continued until Council receives staff
report back on rules. Mr. Daily seconded. Carried unanimously.
3. Letter from Randal Reedy regarding C.B. Hannegan's appeal which was heard on
December 6, 1982, stating he feels that Resolution No. 1983-8 adopted by the Council
on January 3, 1983, needs some clarification. Mr Reedy feels items 4c of said adopted
Resolution should not have been included and requests removal of same. (New
Resolution rescinding Resolution 1983-8, is before Council tonight). Mr. Ferrito moved
for adoption of Resolution No. 1983-44 entitled, RESOLUTION CONTINUING APPEAL
WITH INTERIM CONDITIONS (208 Bachman Avenue-C.B. Hannegan's). This
eliminates item 4c and rescinds Resolution No. 1983-8. Also included in this motion is
that letter be sent to Mr. Reedy advising him that Council has authority to modify, grant
or deny conditions put forth by the Planning Commission. Mayor Ventura seconded if
maker of motion would agree to have staff to provide Council with report of Hannegan's
compliance with conditions that are in effect. Mr. Ferrito agreed. Carried unanimously.
FEBRUARY PAYROLL
Mr. DaILY MOVED PAYROLL FOR fEBRUARY, 1983, IN THE AMOUNT OF
$206,096.48, BE APPROVED. mAYOR vENTURA SECONDED, Carried unanimously.
TREASURER'S REPORT-jANUARY, 1983
Mayor Ventura moved Council accept Treasurer's report for the month of January,
1983, and with Council's authorization he will write Treasurer thanking him for the
inventory depositor report and ask that he add account numbers and the rate of interest.
Mr. Daily seconded. Carried unanimously.
WEED ABATEMENT
Mayor Ventura stated this was the time and place duly published for public hearing to
consider any objections to the proposed destruction or removal of weeds. No one in the
audience wished to speak on this issue and no written objections had been received.
Mrs. Rasmussen moved hearing be closed. Mr. Daily seconded. Carried unanimously.
Mr. Ferrito moved for adoption of Resolution No. 1983-45 entitled, A RESOLUTION
OVERRULING OBJECTIONS AND ORDERING ABATEMENT OF WEEDS AS A
PUBLIC NUISANCE. Mrs. Rasmussen seconded. Carried unanimously.
APPEAL - HANDICAPPED ACCESS IDAMINA'S
Mayor Ventura stated this was the time and place duly published for public hearing to
consider an appeal of handicapped access requirements imposed by the Building
Official. Mrs. Fowler, owner of Idaminas's spoke on appeal and requested Council to
grant the appeal due to unreasonable hardship. Greg Fowler, contractor, reported on
additional cost for this requirement. Jim Lewis, from audience, stated he did feel this
requirement would be a hardship. After further discussion and no one else in the
audience wished to speak on this issue, Mr. Ferrito moved hearing be closed. Mrs.
Rasmussen seconded. Carried unanimously. Mr. Ferrito moved appeal be granted
with findings that compliance with the decision of the Building Official creates an
unreasonable hardship, with one additional finding regarding requirement doubling the
cost of said project. Mrs. Rasmussen seconded, Mr. Ferrito then added a condition
that grab bars be installed. Mrs. Rasmussen withdrew her second. Mr. Daily seconded.
Carried unanimously. Mrs. Rasmussen stated she voted yes on the appeal. The Town
Attorney to draft necessary resolution stating findings for council consideration at the
next meeting.
KING'S COURT HANDICAPPED ACCESS APPEAL
Mayor Ventura stated this was the time and place duly published for public hearing to
consider an appeal of handicapped access requirements imposed by the Building
Official. Mr. Mehus, owner of the project, spoke on hardship as he is not remodeling the
interior of the buildings, only the exterior. Jim Lewis spoke on the lack of curb ramps,
telephones, kick plates on doors for use by handicapped. The Building Official, Archie
Watson, informed Council of handicapped access restrooms in various units in said
shopping center. No one else wished to speak on this issue. Mr. Daily moved hearing
be closed. Mrs. Rasmussen seconded. Carried unanimously. Mrs. Rasmussen moved
appeal be granted with findings that compliance with the decision of the Building Official
creates an unreasonable hardship but include modifications as follows: Install grab bars
in bathrooms, curb ramps be checked for right elevation; pursue putting in telephones
for use of handicapped and of smaller children. Motion dies for lack of second. Mayor
Ventura moved to grant the appeal as requirements of Building Official creates an
unreasonable hardship subject to other alterations: that curb ramps be checked to
make sure they meet specifications of title 24; modify the doors to include the 10 inch
kickplate, 8 1/2 lb pull and lever U shaped handle: include grab bars in bathrooms
except bathrooms on the second floor. Mr. Ferrito seconded. Discussion was held on
telephones. Mayor Ventura accepted the suggestion to require the installation of
telephones for use of handicapped persons and smaller children. Mr. Ferrito also
accepted amendment regarding telephones. Carried unanimously.
APPEAL-UNION LITTLE LEAGUE PARKING LOT
Mayor Ventura stated this was the time and place duly published for public hearing to
consider an appeal of Planning Commission decision denying Conditional Use Permit
Application U-82-30, Architecture and Site Application S-83-42 and Variance Application
V-83-2 for construction of temporary parking lot within PG&E right-of-way and modifying
various development standards for location and construction of parking lots in R-1:8,000
zone, Kensington Drive (Union Little League). Mr. Hamilton, 368 Bella Vista Avenue,
appellant of the project spoke on the issue and commented on Planning Commissions
minutes and feels Council should give some direction to support activities. Marshall
Ballentine, 165 Anne Way, spoke on the issue and urged Council to deny the appeal.
Mr. Ballentine then referred to his letter dated March 1, 1983. Mr Ferrito moved Clerk
be directed to include the text of Mr. Ballentine's letter into the minutes. Mayor Ventura
stated this would be done by consensus.
Members of the Town Council
Town of Los Gatos
Honorable Council Members:
Attached are copies of petitions signed by approximately 150 concerned East Los
Gatos residents living in the immediate vicinity of Howes School located on Kensington
Way. The petition states opposition to a proposed 84 car parking lot in the P.G.&E.
right-of-way south of school.
Local residents are not opposed to Little League (in fact, many petitioners are
active supporters and/or participants in Little League) but to the significant traffic
impaction which the development of a major Little League facility at Howes would, in our
opinion, create. Traffic has already increased due to the leasing of Howes school to a
private school following its closure by Union School District.
The Planning Commission heard our concerns and received the attached petitions.
They voted 7-2 to deny the application for the parking lot. That decision has been
appealed, interestingly, by an individual not even associated with Union Little League.
Little League, in fact, was surprised the an appeal was filed and is not a party to the
appeal. This was confirmed by a phone conversation I had with Bob Singer, the original
applicant. In addition, Little League president Neil Collins is currently in preliminary
negotiations with Union School District for development of a different school site. This
was confirmed by Union School District Business Manager Mike Filice.
The issue therefore is certainly not "kids vs community. There are other
alternatives which Little League is currently pursuing. This certainly is not a project for
East Los Gatos residents and we trust you will be responsive to our concerns and deny
the appeal.
Sincerely,
/S. Marshall Ballentine
John Hulme spoke on said issue. No one else wished to speak on said issue. Mrs.
Rasmussen moved public hearing be closed. Mr. Daily seconded. Carried
unanimously. Mrs. Rasmussen moved appeal be denied. Mr. Daily seconded. Carried
unanimously. The Town Attorney to prepare necessary resolution and present for
Council consideration at the next meeting.
VERBAL COMMUNICATIONS
Dr. Sunseri, 131 Sharon Court, expressed her concerns as to safety of Blossom Hill
Road behind her property. She feels the drainage is not adequate. Mrs. Carolyn
Bulson, 127 Sharon Court, also spoke on this situation. Mr. Van Houten stated he is
aware of the situation and it is being monitored daily and will work on cooperative basis
with property owners.
Mr. Van Overhouse, 120 Wooded View Drive, spoke on mud slides on roads in his area.
He stated this has been going on for 3 years. Presented pictures showing various
slides. He asked that something be done, stating he would be willing to share in the
cost up to a limit. This is something that keeps reoccurring each year and something
permanent needs to be done. Mayor Ventura stated he feels this problem comes from
an improper road being allowed to be built back when the tract was first built. After
some discussion, Mr. Ferrito moved this be referred to staff for report back to council.
Mr. Daily seconded. Carried unanimously. Mr. Van Houten reported to council on work
that has been done in the area to date.
LEGAL ADVOCACY
The Town Attorney referred to his report regarding Town joining in an amicus curiae in
cases as noted in League of California Cities report. Discussion was held and Mr.
Ferrito moved Council accept staff recommendation and approve the Town's joining as
an amicus curiae, on no cost basis, in the following cases:
City of Merced v State of California, et al.
County of Contra Costa et al. v State of California.
Mayor Ventura seconded. Carried unanimously.
AMENDMENT TO CHAPTER 14 OF TOWN CODE-GARBAGE DISPOSAL
Mr. Ferrito moved for adoption of Ordinance No. 1570 entitled, ORDINANCE
AMENDING ARTICLE 1 OF CHAPTER 14 OF THE TOWN CODE TO UPDATE THE
REQUIREMENTS ON GARBAGE DISPOSAL. Mrs. Rasmussen seconded. Carried
unanimously.
VILLA VASONA DISPOSITION AGREEMENT-AMENDMENT
The Town Attorney referred to various amendments to disposition agreement between
Villa Vasona and Town of Los Gatos. He explained this was as suggested by HUD.
Discussion was also held on occupancy preferences. The Town Attorney presented
Council with a letter regarding collection of Rents and recommends adoption of said
proposal. The Attorney also listed other changes as proposed by HUD. This would
also effect the Zoning Ordinance up for adoption and it should be introduced with
necessary changes and be scheduled for adoption at the next meeting. Mrs.
Rasmussen moved council approve amendments to disposition agreements in concept
and amend changes in the Zoning Ordinance. Staff to prepare necessary resolution
and corrected agreement for Council consideration at the next meeting. Mayor Ventura
seconded. Carried unanimously.
POST OFFICE PROPOSAL - MAILBOXES
The Town Manager referred to proposal by Los Gatos Post Office regarding
neighborhood delivery and collection boxes and asked for Council endorsement of the
concept and allow installation of collection boxes with an encroachment. Mayor Ventura
moved Council go on record and not endorse the proposal. Mrs. Rasmussen
seconded. Discussion was held on the proposal. Mayor Ventura withdrew his motion
and stated this should be noted and filed. Council should register its concerns that
Council should have more control regarding permits.
PASSENGER LOADING ZONE LOS GATOS HOTEL
Mrs. Rasmussen moved Council adopt resolution creating a passenger loading zone (2
spaces) on the north side of East Main Street in front of the Los Gatos Hotel, 31 E. Main
Street. Motion dies for lack of a second. It was consensus of Council this was no
needed. No action taken.
REVOCABLE PERMIT FOR USE OF PUBLIC PARKING LOT #3
The Town Engineer, Mr. Van Houten, presented the Council with a revocable permit to
Lawrence White, John Lochner, et all, for use of a portion of public property in Parking
Lot #3 at the rear of 338 Village Lane. Discussion was held on this request and it was
consensus of Council no action be taken due to lack of attendance of applicant and lack
of more detailed drawings.
VILLA VASONA ZONE CHANGE
Mayor Ventura moved for reintroduction of Ordinance with amendments as was
discussed under item (Villa Vasona Disposition agreement and zoning ordinance
amendments). Ordinance entitled, AN ORDINANCE OF THE TOWN OF LOS GATOS
AMENDING THE ZONING ORDINANCE EFFECTING CHANGE N0._____FROM 0
AND RM:5-12 TO R-1:8,000-PD. Mrs Rasmussen seconded. Carried unanimously.
AMENDMENT TO ZONING ORDINANCE REPEALING R-1:40 R-1M AND R ZONE
Mayor Ventura moved for adoption of Ordinance No. 1571 entitled, ORDINANCE
AMENDING THE ZONING ORDINANCE REPEALING THE R 1:40, R-1M AND R
ZONES. Mrs. Rasmussen seconded. Carried unanimously.
STORM DAMAGE COSTA
The Town Manager reported to Council regarding cost due to storm damage and the
need for transfer of funds from General Fund Contingency in the amount of $10,200.00
and recommendation that Town apply for federal disaster relief funds. Mrs. Rasmussen
moved Council accept staff recommendation authorizing the transfer of $10,200 from
General Fund Contingency as follows:
Parks-overtime $400.00
Public Works Maintenance 1,100.00 overtime
Public Works Maintenance 8,700.00 Contractual services
____________
$ 10,200.00
Adopt Resolution No. 1983-46 entitled, A RESOLUTION OF THE TOWN COUNCIL OF
THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER AND THE
DIRECTOR OF PUBLIC WORKS TO MAKE APPLICATION FOR DISASTER RELIEF
ACT ASSISTANCE. Mayor Ventura seconded. Carried unanimously.
GUADALUPE COLLEGE PRISON ISSUE
Councilman Ferrito reported on Sacramento meeting he and Mayor Ventura met with
Assemblyman Vasconcellos; Mr. Mahan, staff member of the Hoover Commission,
representative of Department of Corrections and member of the Youth Authority. Mr.
Ferrito stated the meeting had been very informative and Mr. Vasconcellos was very
supportive. Mr. Ferrito stated that he and the Mayor had met with Senator
McCorquadale on Friday and the Senator stated that his public position is that he is
opposed to any prison facility being located in Santa Clara County. Mayor Ventura
stated he and Vice-Mayor Rasmussen had met with the Sisters regarding finding a
suitable buyer for the property.
COUNTY POLICY ON DEVELOPMENT UNINCORPORATED AREAS
Mayor Ventura reported County is allowing builders to build office buildings anywhere in
the County to provide for additional revenues and wants Town Council to be aware of
this. This could effect Los Gatos Boulevard. Also County is no conforming to
compliance with the Hillside Plan. Mr. Ferrito moved to authorize Mayor to write letter to
Board of Supervisors indicating the Town's opposition to their change in policy in
development of unincorporated area. Mrs. Rasmussen seconded. Carried
unanimously. Mr. Ferrito moved to authorize Mayor to write letter to Board addressing
other issues that concerns Council and the Town. Mayor Ventura seconded. Carried
unanimously.
SOLAR ENERGY TAX CREDIT PROGRAM
Mr. Ferrito moved for adoption of Resolution N0. 1983-47 entitled, A RESOLUTION OF
THE TOWN COUNCIL OF THE TOWN OF LOS GATOS RECOGNIZING THE
IMPORTANCE OF THE SOLAR ENERGY TAX CREDIT IN CALIFORNIA'S
ECONOMIC RECOVERY, AND CALLING FOR THE PRESERVATION AND
CONTINUATION OF THE SOLAR ENERGY TAX CREDIT. MAYOR VENTURA
SECONDED. Carried unanimously.
CABLE TV
The Town Manager reported that Monte Sereno is currently negotiating with Hearst
Cable and it is possible they would join with the Town and the High School District in
this nonprofit corporation for community access and local origination cablevision. Mr
Mora stated Council should appoint a subcommittee of two members to work with staff
on drafting articles of incorporation and Council request that the Los Gatos High School
District appoint no more than two members of its Board of Trustees to work with the
Council subcommittee and Town staff on this effort. Also now there is the possibility of
Council members from Mont Sereno if they decide to join in this effort. It was
consensus of Council that Mayor Ventura and Mr. Ferrito would act as subcommittee
representing the Town.
ADJOURNMENT
Mayor declared the meeting adjourned at 11:55 p.m.
ATTEST:
Rose Aldag
Town Clerk