M 11-19-84TOWN OF LOS GATOS CALIFORNIA
TOWN COUNCIL/PARKING AUTHORITY AGENDA
NOVEMBER 19, 1984
TOWN COUNCIL PARKING AUTHORITY
The Town Council and the Parking Authority met jointly in the Council Chambers
of the Town Hall at 7:30 p.m., in regular session.
ROLL CALL
PRESENT:Joanne Benjamin, Terrence J. Daily, Brent N. Ventura, and
Mayor Thomas J. Ferrito.
ABSENT:Eric D. Carlson.
PLEDGE OF ALLEGIANCE
Given by all in attendance.
CLOSED SESSION
Mayor Ferrito stated pending litigation was discussed during the Closed
Session.
PARKING AUTHORITY
The Parking Commission Activity Report #3 is a council informational report. No
action taken.
This Concludes the portion of the Parking authority agenda and the regular
Council meeting will proceed.
ELECTION OF MAYOR
Mayor Ferrito stated nominations were open for Mayor. Mr. Ventura nominated
Mrs. Benjamin for Mayor. Mr. Daily seconded. Carried by a vote of three ayes.
Mrs. Benjamin abstained. Mr. Carlson was absent.
ELECTION OF VICE-MAYOR
Mayor Ferrito stated nominations were open for Vice-Mayor. Mr. Ferrito
nominated Mr. Daily for Vice-Mayor. Mr. Ventura seconded. Carried by a vote of
three ayes. Mr. Daily abstained, Mr. Carlson was absent.
EX-AGENDA ITEMS
Mr. Mora, Town Manager, stated the following actions:
Item 12, to be continued to the November 26, 1984 Council meeting.
Item 19b, withdrawn from agenda.
Item 26e, letter withdrawing appeal of the Flames Coffee Shop, to be
added to the agenda.
Item 34b, informational report from Attorney regarding secondary units, to
be added to the agenda.
Item 41a, regarding adoption of a Villa Vasona resolution, to be added to
the agenda.
Item 42a, letter from the incoming Town Treasurer, to be added to the
agenda.
BID AWARD SAN BENITO AVENUE STREET CLOSURE (PROJECT 304)
Mr. Daily moved to approve staff recommendation and award the contract for the
San Benito Avenue Street Closure (Project 304) to the low bidder, Happy
Builders & Design, in the amount of $23,187.00; authorize the Mayor to sign the
contract on behalf of the Town; and approve a supplemental appropriation from
the General Fund Appropriated Reserve of $25,000.00 for this project. Mr.
Ferrito seconded. Carried unanimously.
WRITTEN COMMUNICATIONS (referral/file)
a.Communication from the Committee for Green Foothills requesting
Council take action on the proposal to amend the County General Plan. Mr.
Ventura moved to advise the Committee of the Town's position concerning the
Proposed County General Plan Amendments and that the Town is on record
opposing the County's General Plan amendments. Mr. Daily seconded. Carried
unanimously.
b.A letter was received from Thomas J. and Patricia A. Clarke disagreeing
with the reduction of the Treasurer's salary. Note and file.
c.Letter from Ted Shebs requesting the reinstating of the Treasurer's salary.
Note and file.
SCHEDULE OF PUBLIC HEARINGS
Council informational report.
SECOND SISTER CITY SELECTION CHUNG-HO
Mr. Ventura amoved to adopt resolution No. 1984-204 entitled, A RESOLUTION
SELECTING CHUNG-HO, TAIWAN, AS TOWN OF LOS GATOS' SECOND
SISTER CITY. Mr. Daily seconded. Carried unanimously.
COMMUNITY SERVICES AND CULTURAL COMMISSION DUTIES
Mr. Ventura moved to accept staff's recommended action and approve the
description of duties for the Community Services Commissioners and the Cultural
Commissioners; and authorize the Town Clerk to attach the description of duties
to applications when openings occur on the respective commissions. Mr. Daily
seconded. Carried unanimously.
RESIGNATION OF JOSEPH A. CONETTO JR. - RENT ADVISORY
COMMITTEE
A letter was received from Joseph A. Conetto, Jr., resigning from the Rent
Advisory Committee. Mr. Ventura moved to accept the resignation, with regret,
and adopt Resolution No. 1984-205 entitled, A RESOLUTION COMMENDING
JOSEPH A. CONETTO, JR. Mr. Daily seconded. Carried unanimously.
RESOLUTION OF APPRECIATION JAMES A. STOOPS TREASURER
Mr. Ventura moved to adopt Resolution No. 1984-206 entitled, A RESOLUTION
OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS COMMENDING
JAMES A. STOOPS. Mr. Daily seconded. Carried unanimously.
DOWNTOWN PARKING PROGRAM APPROPRIATION
Mr. Ventura moved to appropriate $75,000 from the General Fund current year
balance to fund FY 1984-85 Parking Program activities. Mr. Daily seconded.
Carried unanimously.
TOWN MANAGER EMPLOYMENT AGREEMENT
This item is continued to the November 26, 1984 Council meeting.
ORDINANCE AMENDING RENTAL MEDIATION FEE
Mr. Ventura moved to adopt Ordinance No. 1629 entitled, AN ORDINANCE
AMENDING CHAPTER 24 OF THE TOWN CODE INCREASING THE
REGULATORY FEE FOR ADMINISTRATION OF RENTAL DISPUTE
MEDIATION AND ARBITRATION ORDINANCE. Mr. Daily seconded. Carried
by a vote of three ayes. Mr. Ventura abstained. Mr. Carlson was absent.
RESOLUTION COMMENDING GERALD RIDLEY
Mr. Ventura moved to adopt Resolution No. 1984-207 entitled, A RESOLUTION
COMMENDING GERALD E. RIDLEY. Mr. Daily seconded. Carried
unanimously.
AMENDING ZONING ORDINANCE STORAGE HAZARDOUS MATERIALS
Mr. Ventura moved to adopt Ordinance No. 1630 entitled, ORDINANCE
AMENDING THE ZONING ORDINANCE OF THE TOWN OF LOS GATOS
ESTABLISHING A ZONING APPROVAL FOR THE STORAGE OF
HAZARDOUS MATERIALS. Mr. Daily seconded. Carried unanimously.
14941 & 14961 NATIONAL AVENUE STREET IMPROVEMENT
Continued to December 3, 1984 Council meeting.
AB 404 AND STATE TRANSPORTATION IMPROVEMENT PLAN
Mr. Ferrito moved to adopt the following recommendations and direct staff to
forward them to the County and Metropolitan Transportation Commission with
amendment to number four. The amendment is to end the sentence after "right-
of-way" and delete". . . and construction for earliest date consistent with ability to
complete plans and specifications."
1.Route 85 Right-of-Way Protection. Route 85 to Route 280.
2.Route 17. Add additional northbound lane from Lark Avenue to Camden.
(Already in STIP for 1986/87.) Move up to 1985/86. Delete section from Route 9
to Lark Avenue.
3.Route 17 at Lark Avenue. Modify interchange to improve access to Route
17 and Lark and widen bridge for Lark Avenue traffic.
4.Route 85, Route 87 to Route 280. Schedule funds for right-of-way.
Mr. Daily seconded. Carried unanimously.
COUNTY REFERRALS
Mr. Ventura moved to accept staff recommendation, with amendments to the last
item, on the following:
2050-26-43-83-LA-84LA 21105 Santa Cruz Hwy McCord Lot
line adjustment No comment.
2298-27-41-84RA 18093 Laverne Drive Hainers Reversion
to acreage No comment.
662-31-49-79G-79LA-84B Blackberry Hill Road Wong
Building Site approval Council request that this application be held
until the design review application has been submitted and they can be reviewed
together.
2131-34-51-84SP 14790 Sky Lane Pritchard Special
permit secondary dwelling. By Consensus motion of Council, stronger language
is to be used in place of the word "request" in the above sentence. Mr. Daily
seconded. Carried unanimously. (Council authorized attorney to appeal).
NOTICE OF COMPLETION
Mr. Ventura moved for acceptance of Certificate of Acceptance and Notice of
Completion for 120 Wooded View Drive (Petersen). Mr. Daily seconded. Carried
unanimously. 335 N. Santa Cruz Avenue (Cornish & Carey) was withdrawn from
the agenda.
TWO HOUR PARKING BROADWAY
There was discussion on the parking problems in this areas. Mr. Ventura moved
staff proceed to conduct a survey of the residents on Broadway and find out if the
parking problems are during the day or night, and report back to Council at the
December 3, 1984 Council meeting. Mr. Daily seconded. Carried unanimously.
28th ANNUAL CHILDREN'S CHRISTMAS PARADE
Mr. Ventura moved approve the request of the Los Gatos Chamber of Commerce
and the Los Gatos Lions Club to hold a Christmas Parade on Saturday,
December 1, 1984, subject to the following:
1.Applicants be required to coordinate with the Police Department for use of
the Plaza and Civic Center to ensure facility cleanliness and preservation and
protection of landscaped areas.
2.Specific approval by the Town Manager of the non-profit groups selling
merchandise in the Town Plaza. Chamber of Commerce to provide the Police
Department a list of vendors who have obtained vendors' permits.
Mr. Daily seconded. Carried unanimously.
SPEED LIMITS SHANNON ROAD FROM SHORT ROAD TO HICKS ROAD
Mr. Ventura moved to adopt Ordinance No. 1631 entitled, AN ORDINANCE OF
THE TOWN OF LOS GATOS AMENDING SECTION 16-43.2 OF THE LOS
GATOS TOWN CODE FOR ESTABLISHING SPEED LIMITS ON CERTAIN
STREETS. Mr. Daily seconded. Carried unanimously. This will establish a
35mph speed zone on Shannon Road from the east end of the present 25mph
zone to the easterly Town limits.
LICENSE AGREEMENT BILLY JONES WILDCAT RAILROAD
Mr. Ventura moved to adopt Resolution No. 1984-208 entitled, RESOLUTION OF
THE TOWN OF LOS GATOS AUTHORIZING MAYOR TO EXECUTE
AMENDMENT TO LICENSE AGREEMENT WITH THE BILLY JONES WILDCAT
RAILROAD EXTENDING THE TERM UNTIL JANUARY 1, 2010. Mr. Daily
seconded. Carried unanimously.
SUPPORT MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Mr. Ventura moved to adopt Resolution No. 1984-209 entitled, RESOLUTION OF
SUPPORT MIDPENINSULA REGIONAL OPEN SPACE DISTRICT. Mr. Daily
seconded. Carried unanimously. The Grant Application is for State Park and
Recreational Facilities Act funds to improve Kennedy Trails Area of the Sierra
Azul Open Space Reserve.
MINUTES NOVEMBER 19, 1984
Mr. Daily requested the following corrections to the November 19, 1984 minutes:
Page 3, subject Pedestrian Safety. Add sentence to read, "Council urged
the Police Department that the informational report relating to pedestrian safety
be presented to all the schools as early in the school year as possible."
Page 4, subject route 85 Specific Plan. Change following wording in first
sentence from, ". . . relating Planning opposition . . "to,". . . relating Planning
commission's opposition...".
Mr. Ventura requested the following corrections to the minutes:
Page 2, subject Cal Trans Report. Add, "south of Lark Avenue.", to
sentence,
Page 3, subject Appeal (Morgan) 16060 Greenridge Terrace. Mr. Ventura
also voted no.
Mr. Daily moved the minutes of November 19, 1984 be approved as amended.
Mr. Ferrito seconded. Carried unanimously.
WRITTEN COMMUNICATIONS (for action)
a.Request from the Rotary Club of Los Gatos to hold The Great Saratoga to
Los Gatos Race", on January 13, 1985. Mr. Ferrito moved to approve the Rotary
Club's request to hold "The Great Saratoga to Los Gatos Race", on Sunday,
January 13, 1984. Mr. Daily seconded. Carried unanimously.
b.Letter from William Mason Sr., representing the Billy Jones Wildcat
Railroad, requesting waiver of all charges by the Planning and Building
Departments in connection with the construction of a structure to house the
Merry-go-round. Mr. Ventura moved to grant the request. Mr. Daily seconded.
Carried unanimously.
c.City of San Jose requesting assistance in obtaining TDA #3 funding for a
portion of the Los Gatos Creek Trail between Bascom Avenue and the
Broadmoor development. Discussion was held as to the time schedule and
completion of the project. Mr. Ventura moved to support the City of San Jose in
its efforts to obtain TDA #3 funding. Mr. Daily seconded. Carried unanimously.
Mr. Ventura left the meeting.
d.Letter from Marc McClish complaining of safety problems on Shannon
Road and Roberts Road for bicycle riders. Mr. Ferrito moved to direct staff to
contact Santa Clara County to determine if they would consider participating in a
joint project for paving or filling the shoulders of Shannon Road for bike lanes
and prohibiting parking along Shannon Road; and contact the auto dealers to
reduce congestion from morning service customers and to stop them from using
Shannon Road and Roberts Road for stacking of vehicles waiting to be serviced.
Staff to meet with the dealers, explain the problems and try to solve then in a
cooperative manner. Mr. Daily seconded. Carried unanimously.
e.A letter was received from Louis Tsigaris, owner of The Flames Coffee
Shop, 15200 Los Gatos Boulevard, asking that their appeal be withdrawn. Mr.
Daily moved for approval to grant the request for withdrawal of appeal. Mr.
Ferrito seconded. Carried unanimously.
STREET NAME CHANGE - TRACT 7458
Mr. Daily moved to continue this time to December 3, 1984 Council meeting. Mr.
Ferrito seconded. Carried unanimously.
OCTOBER, 1984 WARRANT DEMANDS
Mr. Ferrito moved Council accept the October, 1984 Warrant Demand list in the
amount of $1,322,707.69. Mr. Daily seconded. Carried unanimously.
OCTOBER, 1984 FINANCIAL STATEMENT
Mr. Daily moved Council accept the October, 1984 Financial Statement. Mr.
Ventura seconded. Carried unanimously.
TREASURER'S MONTHLY REPORT OCTOBER, 1984
Mr. Ferrito moved Council accept the Treasurer's report for the moth of October,
1984. Mr. Daily seconded. Carried unanimously.
CHILD CARE QUESTIONNAIRE
Terry Dowell, member of the Community Services Commission, answered
Council's questions and stated that the local hospitals would not be given the
questionnaire. After further discussion, Mr. Daily moved to approve the release
of the Child Care Questionnaire to the elementary schools, kindergarten classes,
and the local newspaper. Mr. Ferrito seconded. Carried unanimously.
APPEAL - 576 W. PARR AVENUE
Mayor Benjamin stated this was the time and place duly published for public
hearing to consider Planning Commission's recommendation on Zone Change
Application Z-83-2A to increase the number of dwelling units in an approved
senior citizens residential project from 32 to 35 units in the R-1:8,000-PD zone.
Property is located at 576 W. Parr Avenue. Mr. Bowman, Planning Director,
spoke on this issue. Mr. William Hedley, Architect for the project, explained the
reason for the change and answered Council's questions. No one else in the
audience wished to speak on this issue. Mr. Ferrito moved to close the public
hearing. Mr. Daily seconded. Carried unanimously. Mr. Ferrito made the finding
that the zone change is consistent with the General Plan. Mr.Daily seconded.
Carried unanimously. Mr. Ferrito moved reading be waived for AN ORDINANCE
OF THE TOWN OF LOS GATOS AMENDING AND REPLACING ORDINANCE
NO. 15564 WHICH AMENDED THE ZONING ORDINANCE, EFFECTING ZONE
CHANGE NO. 63 from R-1:8,000 TO R-1:8,000-PD. Mr. Daily seconded.
Carried unanimously. Deputy Clerk read title. Mr. Ferrito moved Ordinance be
introduced. Mr. Daily seconded. Carried unanimously.
APPEAL 48-54 N. SANTA CRUZ AVENUE
Mayor Benjamin stated this was the time and place duly published for public
hearing to consider the appeal of the decision of the Building Official regarding
the stability of the front wall and the decision of the Planning Director that a
building permit cannot be issued. Property is located at 48-54 N. Santa Cruz
Avenue. Mr. Bowman, Planning Director, reported on this issue and answered
Council's questions. Gerald Clark, Attorney for Appellant; J. Walter Hoskins,
Structural Engineer; Dave Coleman, General Contractor; Roger Griffin, 401
Alberto Way; Scott Cunningham, 484 Woodland Avenue; and John Thompsen,
134 Alpine Avenue all spoke in support of the appeal. No one else in the
audience wished to speak on this issue. Mr. Daily moved to close the public
hearing. Mr. Ferrito seconded. Carried unanimously. Mr. Daily made findings
that the demolition of the building at 48-54 N. Santa Cruz Avenue removed any
nonconforming status in that more than 50% of the building has been destroyed
and therefore under the provisions of Zoning Ordinance Section 3.50.030, the
building may not be rebuilt. Mr. Ferrito seconded. Carried unanimously. Mr.
Daily moved to deny the appeal upholding the decisions of the Planning Director
and of the Building Official that the building permit for the reconstruction of the
building at 48-54 N. Santa Cruz Avenue removed any nonconforming status in
that more than 50% of the building has been destroyed and therefore under
provisions of Zoning Ordinance Section 3.5.030, the building may not be rebuilt.
Mr. Ferrito seconded. Carried unanimously. The appeal for reconstruction was
denied because more than 50% of the building was destroyed and this is
prohibited by the zoning regulations. The Town Attorney to prepare a resolution
denying the appeal, for Council consideration at the next regular meeting.
Mr. Ferrito moved to accept the request for withdrawal on the appeal of the
Building Official's decision regarding the stability of the front wall. Mr. Daily
seconded. Carried unanimously.
RECESS
Mayor Benjamin declared a recess. Meeting reconvened at 9:25 p.m.
GENERAL PLAN AMENDMENT - GP-83-1 AND EIR-83-1
Mayor Benjamin stated this was the time and place duly published for public
hearing to consider the Planning Commission's recommendation on the revised
Town General Plan to include the following mandated or permissive elements:
Land Use; Housing; Circulation; Route 85; Scenic Street and Highway; Open
Space; Conservation; Safety; Seismic Safety; Noise; Energy; Community Design;
Human Services; and Secondary Units in the Rental Mediation Ordinance as
proposed in the draft of the Housing Element of the General Plan. Lee Bowman
explained the changes made in each
Element of the draft General Plan. Dorothy Regan, 484 Woodland Avenue;
Janice Smith, 484 Woodland Avenue; Malcolm McNelly, owner of 484 Woodland
Avenue; Mary Alice Blice, 484 Woodland Avenue; Rachel Smith 484 Woodland
Avenue; Randy Grimes, 109 Vista del Lago; April Souza, 484 Woodland Avenue;
Mr. Gilmore, 14685 Oka Road; and Scott Cunningham, 484 Woodland Avenue
all spoke on mobile home parks. William Cooper, 16230 Brook Acres Drive,
representing the Zanardi's, spoke on the rezoning of their property on University
Avenue. Thomas O'Donald, President of the Elementary School District, spoke
on the zoning of property on Cherry Blossom . Richard Gaines, 340 Johnson
Avenue, representing the owners of property on Miles Avenue between PG&E
and Town property, spoke on zone change. Eric Rasmussen 135 Riviera
Terrace; Frank Behnke, 20 Glen Ridge; and Randy Grimes, 109 Vista del Lago,
all spoke on the secondary units issue. No one else in the audience wished to
speak on this issue. Mr. Ferrito moved to close the public hearing. Mr. Daily
seconded. Carried unanimously. There was further discussion by Council. Mr.
Ferrito moved to continue this item to December 3, 1984 Council meeting. Mr.
Daily seconded. Carried unanimously. Council members Mr. Carlson and Mr.
Ventura to review the tape of this meeting.
RECESS
Mayor declared a recess. Meeting reconvened at 10:55 p.m.
INCREASE WEIGHT LIMIT OF VEHICLES
Mr. Ferrito moved to waive the reading of ORDINANCE AMENDING CHAPTER
16 OF THE TOWN CODE REGULATING THE OPERATION OF COMMERCIAL
VEHICLES HAVING A MANUFACTURER'S RATED GROSS VEHICLE WEIGHT
EXCEEDING TEN THOUSAND POUNDS AND PROHIBITING THE PARKING
THEREOF IN RESIDENTIAL ZONES. Mr. Daily seconded. Carried
unanimously. Deputy Clerk read title. Mr. Ferrito moved Ordinance be
introduced. Mr. Daily seconded. Carried unanimously.
REPEALING TOWN CODE SECTION RELATING TO TAPES OF CLOSED
SESSIONS
The Town attorney gave her report and there was Council discussion that this
item should be held until there was a full Council. Mr. Daily moved to continue
this until the December 3, 1984, Council meeting. Mr. Ferrito seconded.
Unanimously carried.
FY 1983-84 AUDIT - MANAGEMENT LETTER
Mr. Daily moved to accept the Management Letter from Min Hurdman, auditors,
regarding 1) Property and Equipment; 2) Electronic Data Processing; 3)
Accounting Procedures; 4) Compliance With Governmental Regulations; and
approve the Staff responses recommended by the Town Clerk, Town Treasurer,
and Town Manager. Mr. Ferrito seconded. Carried unanimously.
FY 1983-84 AUDIT COMBINED FINANCIAL STATEMENT
Mr. Ferrito moved to accept Main Hurdman's Combined Financial Statements for
the year ending June 30, 1984. Mr. Daily seconded. Unanimously carried.
FY 1983-84 TRANSIT ASSIST STATEMENT OF REVENUES AND
EXPENDITURES
Mr. Daily moved to accept the Transit Assist Program Statement of Revenues
and Expenditures for the year ending June 30, 1984. Mr. Ferrito seconded.
Carried unanimously.
fy 1983-84 TOWN RETIREMENT PLAN FINANCIAL STATEMENTS
Mr. Ferrito moved to accept the Town Retirement Plan Financial Statements for
the year ending June 30, 1983 and 1984, from Main Hurdman. Mr. Daily
seconded. Carried unanimously.
FIRST QUARTER BUDGET REPORT
Mr. Daily moved to accept the First Quarter Budget Report and approve the
revenue estimate changes with a net result of a $55,000 increase in the current
year General Fund balance. Mr. Ferrito seconded. Carried unanimously.
TRANSPORTATION 2000
By consensus motion Brent ventura and Terrence Daily were appointed to
participate in the Public Officials Workshop schedule for November 28, 1984, and
will work with the Town Engineer and Planning Director to develop specific Town
positions to be taken at the November 28th meeting.
ATTENDANCE GOVERNMENTAL BUSINESS FUNCTIONS AND
REIMBURSEMENT OF REASONABLE EXPENSES
Mr. Ferrito moved to adopt Resolution No. 1984-210 entitled, A RESOLUTION
AUTHORIZING ATTENDANCE AT GOVERNMENTAL BUSINESS FUNCTIONS
AND PROVIDING FOR REIMBURSEMENT OF REASONABLE EXPENSES
INCURRED IN SUCH ATTENDANCE. Mr. Daily seconded. Carried
unanimously.
RENEW MEMBERSHIP PUBLIC TECHNOLOGY, INC.
Mr. Ferrito moved to continue this to December 3, 1984 Council meeting. Mr.
Daily seconded. Carried unanimously.
VILLA VASONA AGREEMENT FOR IMPROVEMENTS
Mr. Daily moved to adopt Resolution 1984-211 entitled, A RESOLUTION
AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT FOR
IMPROVEMENTS AT THE VILLA VASONA PROJECT. Mr. Ferrito seconded.
Carried unanimously.
TOWN TREASURER COMPENSATION
Mr. Ferrito moved to continue this item to December 3, 1984 Council meeting for
consideration by a full Council. Mr. Daily seconded. Carried unanimously.
ADJOURNMENT
Mayor Benjamin declared the meeting adjourned at 11:10 p.m., Monday,
November 19, 1984 to a continued public hearing at 7:30 p.m., Monday
November 26, 1984 in the Council Chambers.
ATTEST:
Rebecca L. Yates
Deputy Town Clerk