M 12-16-85TOWN OF LOS GATOS CALIFORNIA
TOWN COUNCIL/PARKING AUTHORITY AGENDA
DECEMBER 16, 1985
TOWN COUNCIL
The Town Council/Parking Authority met in a joint meeting in the Council
Chambers of the Town Hall at 7:40 p.m., in regular session.
ROLL CALL
PRESENT:Joanne Benjamin, Thomas J. Ferrito, Brent N. Ventura, and
Mayor Terrence J. Daily.
ABSENT:Eric D. Carlson.
Mr. Carlson arrived at 8:00 p.m.
PLEDGE OF ALLEGIANCE
Given by all in attendance.
CLUB SCOUTS PACK 502
Mayor Daily welcomed Cub Scouts Pack 502 to the meeting.
EXECUTIVE SESSION REPORT
The Town Attorney, Mary Jo Levinger, reported prior to the meeting Council met
in an Executive Session and discussed pursuant to Government Code Section
54956.9(b) the following claims:
For John Legate, Council determined there was significant exposure to
litigation and authorized payment in the amount of $519.57;
For Farmers Insurance Group, Council determined there was significant
exposure to litigation and did not act on the claim.
The other items scheduled for Executive Session were not discussed.
EX-AGENDA ITEMS
The Acting Town Manager, Nadine Levin, stated the following items are to be
added to the agenda:
1.2d - AT&T notice of communications' application for rate increase.
2.17a - Resolution commending Susan T. Simek.
3.37a - Financial status report for November 1985.
4. 41 - Discussion on Los Gatos High School Football team.
BID AWARD BRUSH CHIPPER
Mr. Ferrito moved Council award the bid for the purchase of one 1986
Wood/Chuck Model W/CA 16T-300 Trailer-Mounted Brush Chipper to Sierra
Moreno Merchantile in the amount of $8,412.00. Mr. Ventura seconded. Carried
by a vote of four ayes. Mr. Carlson was absent.
WRITTEN COMMUNICATIONS (referral/file)
a.Notice from Greyhound Lines, Inc. regarding application for fare increase.
Note and file.
b.Letter from Arlene Okerlund regarding sidewalk repairs along Hershner
Avenue. Mr. Ventura moved to refer to the Director of Parks, Forestry and
Maintenance Services for site visit and report. Mrs. Benjamin seconded. Carried
by a vote of four ayes. Mr. Carlson was absent. In the response an explanation
for the 1 1/2 inch difference is to be included.
c.Letter from v. Wickland regarding request for a stop sign at the
intersection of Lynn Avenue and Pinehurst Avenue. Mr. Ventura moved to refer
to the Town Engineer for report on the meeting of January 21, 1986. Mrs.
Benjamin seconded. Carried by a vote of four ayes. Mr. Carlson was absent.
d.Notice from AT&T regarding an application for rate increase. Mr. Ventura
moved staff to return with a report at the next Council meeting. Mrs. Benjamin
seconded. Carried by a vote of four ayes. Mr. Carlson was absent.
COUNTY REFERRALS
Mr. Ventura moved to accept staff recommendation as follows:
2678-27-43-85LA W. of Hwy 17 between Idylewild & Brush Road
Meyer Lot line adjustment No comment.
2050-26-43-83LA-84-LA-85LA W. of Hwy 17 between Brush Road &
Hwy 17 McCord Lot line adjustment No comment.
Mrs. Benjamin seconded. Carried by a vote of four ayes. Mr. Carlson was
absent.
WIMBLEDON DRIVE & CLEARVIEW - 4-WAY STOP SIGN
Mr. Ventura moved to accept staff recommendation and maintain the four way
stop sign installed at Wimbledon Drive and Clearview Drive on a permanent
basis. Mrs. Benjamin seconded. Carried y a vote of four ayes. Mr. Carlson was
absent.
SCHEDULE OF PUBLIC HEARINGS
Council informational report.
TOPPING WAY NO. 1 ANNEXATION
Mr, Ventura moved to direct staff to return to Council with a recommendation
after contacting all of the affected property owners. Mrs. Benjamin seconded.
Carried by a vote of four ayes. Mr. Carlson was absent.
PARKING COMMISSION REPORT #27
Council informational report.
CITIZEN PARTICIPATION PLAN HOUSING & CDBG PROGRAM
Mr. Ventura moved to adopt Resolution No. 1985-173 entitled, A RESOLUTION
ADOPTING CITIZEN PARTICIPATION PLAN TWELFTH PROGRAM YEAR.
Mrs. Benjamin seconded. Carried by a vote of four ayes. Mr. Carlson was
absent.
KOWLES DRIVE ASSESSMENT DIST. AGREEMENT - SANTA CLARA
COUNTY
Mr. Ventura moved to adopt Resolution No. 1985-174 entitled, RESOLUTION
AUTHORIZING AGREEMENT BETWEEN THE TOWN OF LOS GATOS AND
THE COUNTY OF SANTA CLARA FOR PARTICIPATION IN THE KNOWLES
DRIVE ASSESSMENT DISTRICT. Mrs. Benjamin seconded. Carried by a vote
of four ayes. Mr. Carlson was absent.
ELECTED DUTIES - TOWN CLERK COMPENSATION
Mr. Ventura moved to adopt resolution No. 1985-175 entitled, A RESOLUTION
ESTABLISHING COMPENSATION FOR THE ELECTED DUTIES OF TOWN
CLERK. Mrs. Benjamin seconded. Carried by a vote of four ayes. Mr. Carlson
was absent.
NON-ELECTED DUTIES - TOWN CLERK COMPENSATION
Mr. Ventura moved to adopt Resolution No. 1985-176 entitled, A RESOLUTION
ESTABLISHING COMPENSATION FOR THE NON-ELECTED DUTIES OF THE
TOWN CLERK. Mrs. Benjamin seconded. Carried by a vote of four ayes. Mr.
Carlson was absent.
ZONE CHANGE - 484 WOODLAND AVE.
Mr. Ventura moved to dept Ordinance No. 1668 entitled, AN ORDINANCE OF
THE TOWN OF LOS GATOS AMENDING THE ZONING ORDINANCE
EFFECTING ONE CHANGE NO. 67 FROM RM:5-12 TO RAH. Mrs. Benjamin
seconded. Carried by vote of three ayes. Mr. Carlson was absent and Mr.
Ventura abstained.
ZONE CHANGE 14685 OKA ROAD
Mr. Ventura moved to adopt Ordinance No. 1669 entitled, AN ORDINANCE OF
THE TOWN OF LOS GATOS AMENDING THE ZONING ORDINANCE
EFFECTING ZONE CHANGE NO. 68 FROM R-1:8000 TO RAH. Mrs. Benjamin
seconded. Carried by a vote of four ayes. Mr. Carlson was absent and Mr.
Ventura abstained.
16555 SHANNON ROAD - LOS GATOS UNION SCHOOL
Mr. Ventura moved to adopt Resolution No. 1985-177 entitled, RESOLUTION
DENYING APPEAL FROM THE PLANNING COMMISSION DECISION TO
REAFFIRM APPROVAL OF LOS GATOS UNIFIED SCHOOL DISTRICT
CONDITIONAL USE PERMIT AND MAKING CERTAIN MODIFICATIONS
THEREOF (16555 Shannon Road -- Los Gatos Union School District). Mrs.
Benjamin seconded. Carried by a vote of four ayes. Mr. Carlson was absent.
287 DE SOTO DR. TREE REMOVAL
Mr. Ventura moved to dept Resolution No. 1985-178 entitled, RESOLUTION
DENYING APPEAL FROM PLANNING COMMISSION DENIAL OF
ARCHITECTURE AND SITE APPLICATION REQUESTING TREE REMOVAL
(287 DeSoto Drive -- DeSoto Condominium Assoc.). Mrs. Benjamin seconded.
Carried by a vote of three ayes. Mrs. Benjamin voted no stating the tree would
be an on-going hardship for the Association, s noted in the December 2, 1985
minutes. She also noted there is an inconsistency in the tree ordinance that the
Planning Commission allowed one tree to be destroyed last week and voted four
to four on this issue. Mr. Carlson was absent. A letter is to be sent to the
Planning Commission from the Mayor regarding Council policy on tree removal.
TRANSIT ASSIST MOBILE RADIO SYSTEM - PLANS & SPECIFICATIONS
Mr. Ventura moved to accept staff recommendation and approve the plans and
specifications and call for bids for a mobile radio system. Mrs. Benjamin
seconded. Carried by a vote of four ayes. Mr. Carlson was absent.
COMMENDING SUSAN T. SIMEK
Mr. Ventura moved to adopt Resolution No. 1985-179 entitled, RESOLUTION
COMMENDING SUSAN T. SIMEK. Mrs. Benjamin seconded. Carried by a vote
of four ayes. Mr. Carlson was absent.
Mr. Carlson arrived at 8:00 p.m.
MINUTES NOVEMBER 19, 1985
Mr. Ferrito moved minutes of November 19, 1985 be approved as corrected.
Mrs. Benjamin seconded. Carried unanimously.
Mr. Ventura requested correction on page 3, from "Wes Kishler" to "Les
Kishler".
Mrs. Benjamin requested correction on page 4, from "Everett Iceland" to
"Everett Eiselen".
MINUTES DECEMBER 2, 1985
Mr. Ventura moved minutes of December 2, 1985 be approved as corrected.
Mrs. Benjamin seconded. Carried unanimously.
Mr. Ferrito requested correction on page 4, 16555 Shannon Road, Los
gatos Union School District Appeal. Change " . and tell them . ." to " . and urging
them . .".
Mrs. Benjamin requested correction on page 6, Tree Removal 287 DeSoto
Drive. After "Mrs. Benjamin voted no," add "for the above reason given in
previous motion.".
Mr. Carlson requested correction on page 3, Amendment to Housing
Element of General Plan. Add "Commission" after "Planning". Correction on
page 7 in both Mobile Home Park - 484 Woodland Avenue and Mobile Home
Park - 14685 Oka Road. Change, "Mr. Carlson moved that the findings . . ", to
"Mr. Carlson moved to make the findings that . .".
WRITTEN COMMUNICATIONS (for action)
a.Letter was received form Metrocall/USA regarding a request to the PUC
for certificate to operate a paging system. Mr. Ventura moved staff investigate
the exact location of the transmitter. If it is on the Diablo Ridge no further action
is necessary but if it is on our ridge line return to Council. Mr. Carlson seconded.
Carried unanimously.
b.An application for Alcoholic Beverage license was received from Barbara
J. & Thomas DeGeorge for a business located at 1452 Pollard Road. Note and
file.
PAYROLL & RELATED WARRANTS FOR 12/6/85
Mr. Carlson moved to approve the December 6, 1985 payroll in the amount of
$123,473.88 and related warrants in the amount of $64,548.43. Mr. Ventura
seconded. Carried unanimously.
ANNUAL & SICK LEAVE CASH-OUT, INCENTIVE PAYROLL RELATED
WARRANTS
Mr. Carlson moved to approve the Annual Leave and Sick Leave cash-out, and
incentive payroll in the amount of $32,074.44 and related warrants in the amount
of $53,263.13. Mr. Ventura seconded. Carried unanimously.
DECEMBER 1, 1985 WARRANTS
Mr. Ventura moved for approval of the December 1, 1985 warrants in the amount
of $507,531.39. Mrs. Benjamin seconded. Carried unanimously.
PUBLIC HEARING 15 N. SANTA CRUZ HANDICAP ACCESS
Mayor Daily stated this was the time and place duly noted for continued public
hearing to consider the Building Official's decision regarding handicapped access
requirements at 15 N. Santa Cruz Avenue (Upperty's and Mountain Charley's).
The Building Official, Mr. Watson, gave an updated progress report on the
handicapped access ramp. There were questions regarding the 5% slope which
exceeds the 2% allowable for level landing and the drainage problem if the ramp
was made to a
2% slope. Mr. Watson stated a new ramp will be installed from the elevator to
eliminate the two steps and on the inside there will be a ramp going down to the
level of the restaurant. Gary Schloh, Architect; Emmett Brady, and James
Farwell all spoke in support of the appeal. There was also a question regarding
a sign in the front of the building directing to the elevator in the back of the
building. No one else from the audience wished to speak on this issue. Mr.
Ventura moved the public hearing be closed. Mr. Carlson seconded. Carried
unanimously. Mr. Carlson moved that based upon the fact that there is a new set
of plans with which the Historic Preservation Committee, the Planning
Department, and the Building Official are satisfied, grant the appeal subject that
the approved plans be the plans of record; there be a sign at the front of the
building on Santa Cruz Avenue directing to the elevator entrance on the other
side; and make the finding that Council could grant the exception from the 2%
requirement to allow the 5% based on the fact that the cost that might occur from
flooding would pose an excessive hardship and therefore an exception can be
made in this case. Mr. Ferrito seconded. Carried unanimously. The Town
Attorney to prepare a Resolution for Council consideration at the next meeting.
PUBLIC HEARING 812 POLLARD RD. HANDICAP ACCESS
Mayor Daily stated this was the time and place duly noted for continued public
hearing to consider Building Official's decision regarding handicapped access
812 Pollard Road. Mrs. Benjamin moved to close the public hearing. Mr. Ferrito
seconded. Carried unanimously. Mrs. Benjamin moved to deny the appeal due
to the applicant no longer being interested in the property. Mr. Ventura
seconded. Carried unanimously. The Town Attorney to prepare a Resolution for
Council consideration at the next meeting.
576 W. PARR AVE. GROUP HOME CARE (ANCIANO VILLAGE)
Mrs. Benjamin moved to find the Ordinance consistent with the General Plan.
Mr. Ventura seconded. Carried unanimously. Mrs. Benjamin moved to waive the
reading for AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING
ORDINANCES NO. 1632 and 1638 WHICH AMENDED THE ZONING
ORDINANCE EFFECTING ZONE CHANGE NO. 63 FROM R-1:8,000 TO R-
1:8,000-PD. Mr. Ventura seconded. Carried unanimously. The Deputy Clerk
read title. Mrs. Benjamin moved Ordinance be introduced. Mr. Ventura
seconded. Carried unanimously.
AMICUS CURIAE PARTICIPATION
Mr. Ferrito moved to accept staff recommendation, at no cost to the Town, to
authorize participation in amicus curiae participation in MacDonald, Sommer &
Frates v. County of Yolo; Preferred Communications, Inc. v. City of Los Angeles;
and City of Petaluma v. Diamondhead, Inc. Mrs. Benjamin seconded. Carried
unanimously.
LAW CLERK HOURLY RATE INCREASE
Mrs. Benjamin moved to adopt Resolution No. 1985-180 entitled, A
RESOLUTION AUTHORIZING THE ACTING TOWN MANAGER TO EXECUTE
AN AMENDMENT TO AN AGREEMENT BETWEEN THE TOWN AND
LORELYN FORMUSA FOR LAW CLERKING SERVICES. Mr. Carlson
seconded. Carried unanimously.
ANNUAL FINANCIAL AUDIT 1984-85
Mr. Carlson moved to accept the combined financial statements for the year
ending June 30, 1985 and require that next years report include the Housing
Conservation Program. Mr. Ferrito seconded. Carried unanimously.
TOWN'S INSURANCE POLICIES RENEWAL
Mrs. Benjamin moved to approve the proposed insurance coverage for the period
December 23, 1985 to December 22, 1986. Mr. Carlson seconded. Carried
unanimously.
REPORT PROCESSING SECONDARY DWELLING UNIT PERMITS
Council informational report.
SPEED ZONE STUDY AGREEMENT BETWEEN TOWN & DKS ASSOC.
Mr. Carlson moved to adopt Resolution No. 1985-181 entitled, A RESOLUTION
AUTHORIZING THE ACTING TOWN MANAGER TO EXECUTE AN
AGREEMENT BETWEEN THE TOWN AND DKS ASSOCIATES FOR
CONSULTING SERVICES IN CONNECTION WITH TOWN-WIDE SPEED ZONE
STUDY. Mrs. Benjamin seconded. Carried unanimously. Letter of agreement
with DKS Associates in an amount not to exceed $9,400 to perform the speed
zone study in accordance with their proposal dated December 2, 1985.
SELF-INSURANCE FOR LIABILITY COVERAGE
Mr. Carlson moved to adopt Resolution No. 1985-182 entitled, A RESOLUTION
ESTABLISHING RESERVE FOR SELF-INSURANCE FUND in the amount of
$200,000; and appropriate $200,000 from the General Fund Appropriated
Reserve to create the self-insurance fund. Mr. Ventura seconded. Carried
unanimously.
AGREEMENT BETWEEN TOWN & CRAWFORD & CO.
Mr. Ventura moved to adopt Resolution No. 1985-183 entitled, A RESOLUTION
AUTHORIZING THE ACTING TOWN MANAGER TO EXECUTE AN
AGREEMENT BETWEEN THE TOWN AND CRAWFORD AND COMPANY FOR
CLAIMS ADJUSTING SERVICES and staff to solicit bids from other adjusting
agencies and return with a report at the meeting of January 6, 1986. Mr. Carlson
seconded. Carried unanimously.
STATUS OF NONCONFORMING USES
Council informational report.
52 N. SANTA CRUZ AVE. EASEMENT ABANDONMENT & VACATE A
PORTION OF PUBLIC SIDEWALK
The Town Engineer, Ron Zapf, reported the difficulties with this project and
conforming with Title 24 Handicapped requirements. The applicant was required
to dedicate a certain amount of right-of-way for public use as a sidewalk. There
was an error in the elevation of the on site pad site and a solution was work out
to satisfy the Title 24 requirements by vacating a portion of the sidewalk. Brian
Dawson, Mike Rockwell, Roger Griffin and Mr. Varacker spoke on this issue.
Discussion was held on the maintenance of the property. Mr. Carlson moved to
adopt Resolution no. 1985-184 entitled, RESOLUTION AUTHORIZING LAND
DEVELOP RELATED OBLIGATIONS & EASEMENT ABANDONMENT; Adopt
Resolution No. 1985-185 entitled, A RESOLUTION OF INTENTION TO VACATE
A SIDEWALK EASEMENT LOCATED ALONG NORTH SANTA CRUZ AVENUE
& ELM STREET; direct the Clerk to set a public hearing for January 21, 1986 and
advertise the notice 15 days prior to the hearing; refer the matter to the Planning
commission for determination if the proposed vacation is not contrary to the
General Plan; approve the staff recommendation concerning evaluation and not
assess any charge to the developer for the Town requested vacation; and
include a document to be recorded as a lien against the land subject to the
review of the Town Attorney, Engineer, and Planner. Mrs. Benjamin seconded.
Carried unanimously. The lien document will state the property owner agrees to
maintain the vacated property.
FORBES MILL & LOS GATOS MUSEUM JOINT OPERATION
Mr. Shaw, of the Museum Board, requested this item be held until the second
meeting in January so the Museum Board can discuss this issue and make
recommendations. Mr. Ferrito moved to continue this item to January 21, 1986.
Mrs. Benjamin seconded. Carried unanimously.
FINANCIAL STATUS REPORT NOVEMBER 1985
It was consensus of Council to accept the Financial Status Report for the month
of November, 1985.
CENTENNIAL COMMITTEE FUNDING
Mr. Carlson moved to approve a supplemental appropriation from the General
Fund Appropriated Reserve in the amount of $4,743.00 to make the balance of
the loan approved by Council on July 16, 1984 available to the Centennial
Committee; Council is to receive a budget by January 6, 1986 with what these
funds will be used for; what other funding will be contributed to it; and when can
the Town expect to receive their money back. Mr. Daily seconded. Carried by a
vote of two ayes. Mr. Ferrito voted no. Mrs. Benjamin and Mr. Ventura
abstained.
FRANK HOWELL REAPPOINTMENT PARKING COMMISSION
Mrs. Benjamin moved to reappoint Frank Howell to another four year term as a
member of the Los Gatos Parking Commission as he has been a very valuable
member of the Commission. Mr. Carlson seconded. Carried unanimously.
HISTORIC RESOURCE COORDINATOR
Mr. Carlson moved to continue this item to January 21, 1986. Mr. Ventura
seconded. Carried unanimously.
ROUTE 85 STATUS REPORT
The Acting Town Manager, Nadine Levin, reported comments have been
submitted to CalTrans and the next hearing is on January 13, 1986. The Cities
of Campbell and Cupertino have gone on record in favor of an eight lane
freeway. A joint meeting with the City of saratoga has been scheduled for
January 14, 1986.
LOS GATOS HIGH SCHOOL FOOTBALL TEAM
It was consensus of Council to direct staff to prepare resolutions for the Los
Gatos High School Football Team and their Coaches in appreciation for winning
the 1985 Central Coast section Championship by defeating defending Champion,
St. Francis High School. Also contact the High School to schedule a date and
time for the presentation.
ADJOURNMENT
Council adjourned to an Executive Session at 9:45 p.m., December 16, 1985 to
discuss pursuant to Government Code section 54956.8, possible acquisition of
property at 20 Grays Lane with Attorney Charles Kilian; possible acquisition of
Eilertson property located 3/4 of a mile south of Kennedy Road and 3/4 of a mile
east of Blackberry. In addition the Council will discuss pursuant to Government
Code section 54956.9(a) Town v. Scott and Crafford v. Town; pursuant to
Government ode section 54956.9(c) Initiation of litigation regarding violation of
Building Code and Zoning violations; and Personnel/Labor relations.
ATTEST:
Rebecca L. Yates
Deputy Clerk