M 11-04-85TOWN OF LOS GATOS CALIFORNIA
TOWN COUNCIL/PARKING AUTHORITY AGENDA
NOVEMBER 4, 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:Eric D.Carlson, terrence J. Daily, Thomas J. Ferrito, Brent N.
Ventura and Mayor Joanne Benjamin.
ABSENT:None.
Mr. Ventura left the meeting at 8:10 p.m.
PLEDGE OF ALLEGIANCE
Given by all in attendance.
EXECUTIVE SESSION REPORT
Town Attorney Levinger reported that Council had met in Executive Session prior
to tonights council meeting and pursuant to Gov't Code Sec. 54956.9 (c)
discussed initiating litigation and no action was taken. Council also discussed
two personnel matters and no action was taken.
EX-AGENDA ITEMS
Manager Levin stated the following items should be added to the agenda.
3 h Petition opposing proposed Parking assessment district.
29a KCAT request to use Town property.
29b Report from Santa Clara County traffic authority.
Mr. Carlson requested the addition of the following item:
33 Historic Preservation report on availability of funds.
BID AWARDS BRUSH CHIPPER
It was noted that 4 bids had been received for purchase of the (1) trailer-mounted
brush chipper and due to bidders not receiving the information re trade in, staff is
recommending the rejection of all bids and the readvertisement for bids. Mr.
Ferrito moved to accept staff recommendation to reject all bids and authorize the
Clerk to readvertise for bid opening. Mr. Ferrito moved to accept staff
recommendation and readvertise for bids with corrected notices being sent to
potential bidders. Mr. Carlson seconded. Carried unanimously.
STUMP GRINDER
Mr. Daily moved to accept staff recommendation and award the bid for purchase
of one new brush chipper to Vermeer Sales and Service Co. in the amount of
$10,243.11. Mr. Ventura seconded. Carried unanimously.
COMMUNICATIONS
a.Letter from B. Baker (TEA President) re non-smoking ordinance within the
Town buildings.
Mr. Daily moved this correspondence be referred to Town Manager and
Town Attorney for report on November 18, 1985 Council meeting and
report to include survey of Town employees. Mr. Ventura seconded.
Carried unanimously.
b.Letter from Cheryl & Don Wimberly regarding Blossom Hill-Short Road
safety improvements. Mr. Daily moved letter be referred to Town Engineer for
response and this should include report of previous survey made of this area.
Mr. Ventura seconded. Carried unanimously.
c.Letter from Joann and F. L. Pourroy re stop signs at Westchester Dr. and
Blossom Valley Dr. Mr. Daily moved to refer said letter to Town Engineer for
response. Mr. Ventura seconded.
d.Letter from State of California regarding Dr. Martin Luther King Jr.
California holiday. Mr. Daily suggested letter be written to the agency asking
how different communities could participate in recognition of this date.
e.Letter from Chamber of Commerce regarding the 29th annual Children's
Christmas Parade. Mr. Daily moved to refer this request to Police Chief and
Director or Parks, Forestry & Maintenance for report to Council on November 18,
1985.
f.Letter from Ethel, Wayne and Mignon Pierce regarding deed restriction on
secondary units. Mr. Daily moved to refer this letter to Planning Commission for
report back to Council on November 18, 1985.
g.Letter from Taxpayers for Fair Responsibility re "deep pockets" law. Mr.
Daily moved this letter be referred to Town Manager for report to Council on
November 18, 1985. Mr. Ventura seconded. Carried unanimously.
h.Petition signed by 51 property owners, opposing the proposed Parking
Assessment District. Mr. Daily moved this petition be referred to Parking
Commission for reply. Mr. Ventura seconded. Carried unanimously.
SCHEDULE OF PUBLIC HEARINGS
Information for Council.
NOTICE OF COMPLETIONS
Mr. Daily moved to authorize the Mayor to execute and the Town Clerk to record
the Notice of Completion and Certificate of Acceptance on the following:
Tract 7280 - Vineland Condominiums; and
Project 307 - Town Plaza Improvements
Mr. Ventura seconded. Carried unanimously.
PARKING COMMISSION REPORT
Information for Council
CRIPPLED CHILDREN SOCIETY XMAS TREE LOT
Mr. Daily moved Council approve the Crippled Children's Society request for use
of Town owned property at the corner of Lark and Winchester Blvd. for the sale
of Christmas trees subject to the following conditions:
1. Facility use November 30, 1985 through December 31, 1985.
Property being used would be cleared of debris and temporary fixtures by
December 31, 1985.
2. Temporary electrical service will require inspection and permit from the
Building Dept.
3. That the Crippled Children's Society provide the Town with n insurance
Certificate in the amount of $1,000,000 naming the Town of Los Gatos as
additional insured and a Hold Harmless Agreement.
4. That the Society be required to obtain a temporary Use & Occupancy Permit
from the Planning Department.
Mr. Ventura seconded. Carried unanimously.
AMENDMENT TO DOWNTOWN SPECIFIC PLAN - BUS STATION
Mr. Daily moved for adoption of Resolution No. 1985-159 entitled, A
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
AMENDING THE DOWNTOWN SPECIFIC PLAN WITH RESPECT TO
RELOCATION OF TRANSIT TERMINAL/BUS STATION. Mr. Ventura seconded.
Carried unanimously.
SOUND ASSESSMENT FOR AUTO DEALERSHIP PAGING SYSTEM
Mr. Daily moved to approve a supplemental to conduct a sound assessment
study of Auto dealership paging systems. This includes the acceptance of a
proposal by E. L. Pack Associates, Inc. to prepare the field test at a cost of
$520.00. Mr. Ventura seconded. Carried unanimously. Mayor Benjamin wished
it noted that schools are exempt in noise element.
SECONDARY UNIT SEWER CHARGES
Information report to Council re Sanitation District action on sewer charges for
secondary dwelling units.
PLANNING REPORT
Information report for Council re Planning monthly report including Planning
Commission/Planning Department priorities.
AMENDMENT TO HUGHES, HEISS & ASSOCIATES AGREEMENT
Mr. Daily moved for adoption of Resolution No. 1985-160 entitled, A
RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN AMENDMENT
TO AN AGREEMENT BETWEEN THE TOWN AND HUGHES, HEISS &
ASSOCIATES FOR TOWN MANAGER RECRUITMENT. Mr. Ventura seconded.
Carried unanimously.
APPEAL 30 BROADWAY (White)
Mr. Daily moved for adoption of RESOLUTION NO. 1985-161 entitled,
RESOLUTION REFERRING TO THE PLANNING COMMISSION THE APPEAL
OF THE PLANNING COMMISSION DENYING REQUEST TO CONVERT
EXISTING SINGLE FAMILY RESIDENCE INTO AN OFFICE. (30 Broadway -
Joseph & Dena White). Mr. Ventura seconded. Carried unanimously.
APPEAL - 576 W PARR (MOZAFFARI)
Mr. Daily moved for adoption of Resolution No. 1985-162 entitled, RESOLUTION
REFERRING TO THE PLANNING COMMISSION THE APPEAL OF THE
DECISION OF THE PLANNING COMMISSION DENYING ZONE CHANGE
APPLICATION MODIFYING AN EXISTING PLANNING DEVELOPMENT TO
DELETE SENIOR CITIZEN OCCUPANCY REQUIREMENTS. (576 W. Parr
Avenue - Ali Mozaffari) Mr. Ventura seconded. Carried by vote of four ayes. Mr.
Daily abstained.
BROADWAY EXT. REQUEST FOR STREET LIGHTS
Discussion was held on request of residents on Broadway Extension for
installation of two street lights on Broadway Extension.
Speaking on problems in the area which residents feel would be partially
resolved if they had the requested street lights on Broadway Extension were
Evelyn Mitsunaga, Howard durham and Mr. Gamble. After further discussion Mr.
Daily stated he sees the need for lighting and moved to have lights installed on
the existing poles with engineer checking that the one light near Mrs. Swansons'
house have the mitigation measures that were discussed. Mr. Ventura
seconded. Carried unanimously. Mayor Benjamin stated she felt the $190.56
annual cost for the 2 lights is very little compared to expense for property
damage and response of Police service in this area.
OCTOBER 21, 1985 MINUTES
Mr. Carlson requested correction on page 4 - Subject - September 16, 1985
Minutes. 7th line of said subject read "allocated any trips...). Clerk to also
correct some typo's. Mr. Carlson moved for approval of October 21, 1985 as
corrected. Mr. Ventura seconded. Carried unanimously.
COMMUNICATIONS (FOR ACTION)
a.Request of Los Gatos Peace Forum to conduct their Pre-Summit vigil on
Town property on November 18, 1985. Mr. Ferrito moved to grant the request
with the following conditions:
1. Peace Forum execute a hold-harmless agreement with the Town;
2. Peace Forum participants maintain cleanliness, as required by other
groups using public facilities; and
3. Group congregate on the upper deck of the Center, and not the steps,
to permit pedestrian traffic flow to the Town Council meeting and the
Library on that date.
Mr. Carlson seconded. Carried unanimously.
b.Letter from State Senator Roberti re retention of state and local tax
deductions. Mr. Carlson moved Council direct staff to draft a letter, for Mayor's
signature, to the President and to the State Congressional delegation re support
of the retention of state and local tax deductibility.
Mr. Daily seconded. Carried unanimously.
c.Letter from Boy Scout Troop 603 re use of Town Plaza and Civic Center to
set up a booth for refreshment sales at the Los Gatos Christmas Parade. Mr.
Carlson moved Council approve the request subject to the following conditions:
1. That the applicant apply for a facility use permit from the Parks Dept.;
2. That the applicant contact the Parks Department office prior to
November 15th to finalize permit issuance and facility use conditions; and
3. That facilities used be left in a clean condition.
4. That applicant execute a hold-harmless agreement with Town.
Mr. Daily seconded. Carried unanimously.
PAYROLL OCTOBER 25, 1985
Mr. Carlson moved for approval of October 25, 1985 payroll in the amount of
$125,617.79; payroll related warrants in the amount of $104,832.45 plus a
special warrant in the amount of $124,140.66. Mr. Daily seconded. Carried
unanimously.
Due to illness Mr. Ventura left the meeting at 8:10 p.m.
APPEAL - LOS GATOS SCHOOL DISTRICT 16566 SHANNON RD.
Mayor Benjamin stated this was the time and place duly noted for continued
hearing to reaffirm approval of Los Gatos Union School District Conditional Use
Permit Application U-81-13 (Located at 16566 Shannon Road). On request by
the district, it was consensus of Council this hearing be rescheduled for
December 2, 1985, and Clerk be authorized to publish said notice and notify
property owners on Hilow Court.
NEW ZONE FOR MOBILE HOME PARKS
Mayor Benjamin stated this was the time and place duly published for public
hearing to consider Planning Commission's recommendation regarding Zoning
Ordinance Amendment A-85-9; initiation of a new zone for mobile homes located
in mobile home parks. By consensus motion it was moved to incorporate this
hearing item 21 - Zoning of Mobile Home Parks, with hearing of item 22 - the
zone change for Bonnie View Mobile Home Park and item 23 - the zone change
for Los Gatos Mobile Home Park. Speaking in favor of zone change for the Los
Gatos Mobile Home Park were Dorothy Beggan; Maryalice Blice; Ann
Cunningham; Shirlie Joselyn; Evivind Taaje. Speaking for the Bonnie View Park
were Jerry Mirassou, owner of said Mobile Home Park. He questioned Council
re land use issue of the Mobile Home Parks. Mr. Bowman answered questions
of Council on this and the overlay zone. Also speaking was Marc Hynes,
Attorney representing Mr. McNelly of the Los Gatos Mobile Home Park,
requesting property not be rezoned at this time. Mike Geary spoke on the State
law which says that owner of Mobile Home Parks are liable for maintenance and
this should not be passed along to the tenants. Also speaking were Scott
Cunningham and Richard Gardner. Clovis Mirassou, former owner of the Bonnie
View Mobile Home park spoke to Council as to how the proposed rezoning would
affect the value of their land, taking into consideration that Route 85 may go
through their property and if the property is zoned for mobile homes they would
stand to lose a lot of money. Also speaking on the issue was Rae Gilmore,
tenant at Bonnie View Mobile Home Park, stated a Caltrans representative had
stated that Caltrans had no interest in acquisition of Mobile Home Parks. After
further discussion of Council and there being no one else wishing to speak to
Council on this issue, Mr. Ferrito moved to closed public hearings on items 21,
22 and 23. Mr. Carlson seconded. Carried unanimously. Mr. Bowman then
answered questions of Council re the overlay zone. Discussion was held as to
Caltrans statement that they were not interested in the acquisition of Mobile
Home property. Discussion was held on the possibility of acting on rezoning of
the Los Gatos Mobile Home Park but not the Bonnie View Home Park. Attorney
Levinger stated Council needed to treat both Mobile Homes Parks the same. It
was consensus of Council that there were enough factors given tonight to have
Council review these rezonings. After further discussion Mr. Ferrito moved
Council make the negative declaration regarding zoning Ordinance amendment
Z-85-9: initiation of a new zone for Mobile Homes located in Mobile Home Parks -
item 21. Mr. Daily seconded. Carried by vote of 4 ayes. Mr. Ventura was
absent. Mr. Ferrito moved to make findings that the Ordinance amendment is
consistent with the General Plan. Mr. Daily seconded. Carried by vote of 4 ayes.
Mr. Ventura was absent. Mr. Ferrito moved reading be waived for AN
ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONING
ORDINANCE TO ADD RESIDENTIAL MOBILE HOME ZONE. (item 21) Mr.
Daily seconded. Carried by voted of 4 ayes. Mr. Ventura being absent. Town
Clerk read title of Ordinance. Mr. Ferrito moved Ordinance be introduced. Mr.
Daily seconded. Carried by vote of 4 ayes. Mr. Ventura being absent.
Discussion was held on various input that had been received tonight and the
possibility of delaying decision of rezoning? Town Attorney stated due to lack of
Planning Commission not having all information at the time of their hearing it
could be postponed. Mr. Ferrito moved to continue the question of adoption of
the Mobile Home Zone and the question of introduction of ordinances rezoning
the mobile home parks until Council gets a full staff report on issues discussed.
There was no second. Mr. Carlson moved to continued public hearing on
rezoning of Mobile Home Parks to December 2, 1985 requesting a report from
Town Engineer and Town Attorney with instructions for staff to contact Caltrans
and get further information regarding future of Route 85. Mr. Daily seconded.
Carried by vote of 4 ayes. Mr. Ventura was absent.
RECESS
Mayor Benjamin declared a recess. Meeting reconvened at 10:00 p.m.
APPEAL - BLDG REQUIREMENTS 812 POLLARD
Mayor Benjamin stated this was the time and place duly noted for continued
public hearing to consider the appeal of Building Officials decision regarding
handicapped access requirements for 812 Pollard Road. On request of the
appellant it was consensus of Council to continue this hearing to December 16,
1985.
APPEAL SECONDARY DWELLING UNIT 43 BAYVIEW AVE.
Mayor Benjamin stated this was the time and place duly published for public
hearing to consider the appeal of Planning Commissions denial of an application
for a secondary dwelling unit on property in the R-1D zone. On request of the
appellant it was consensus of Council to continue the hearing to January 21,
1986.
LEXINGTON RESERVOIR MASTER PLAN
Manager referred to Lexington Hills Association Master Plan study. Mayor
Benjamin stated she would support B.O.A.T. re their concerns on number of
power boats on the lake. It was consensus of Council that Council support
Alternate #2 for interchange and voiced their concerns about growth impact on
alternate #3.
BUS STATION REPORT
It was consensus of Council that staff continue to monitor the situation at the Bus
Depot and report back to Council on November 18, 1985.
CULTURAL COMMISSION FUNDING
Mickie Benson, member of the Cultural Commission explained the request re
staffing and crediting of outside financial support. After some discussion Mr.
Ferrito moved Council provide staff to the Cultural Commission without charge up
to two hours monthly and credit outside contributions to the Commission, limiting
their expenditures to Council-authorized activities. Mr. Daily seconded. Carried
unanimously.
TRANSPORTATION 2000 INVENTORY NEEDS
Mr. Daily moved to approve the inventory of Highway needs as follows:
1. Direct staff to request addition of 13 Town projects under category 3 of the
Inventory of Programmed and Proposed Transportation project with special
emphasis on widening the bridges across highway 17 at Lark Avenue and
Blossom Hill Road.
2. Direct staff to provide the Steering Committee with the Construction dates for
the Los Gatos Boulevard widening project in Category 2; and
3. Request Transportation 2000 Steering Committee to study location of a multi-
modal transportation terminal in the area of the proposed Route 85/17
interchange.
Mr. Carlson seconded. Carried by vote of 4 ayes. Mr. Ventura was absent.
KCAT REQUEST USE OF TOWN PROPERTY
Mr. Daily moved Council approve KCAT's request to film "Santa's Magic" on
Saturday November 16, 1985, with the following conditions:
1. Town property use be limited to the Civic Center front lawn.
2. KCAT sign a hold harmless agreement with the Town of Los Gatos.
3. KCAT provide evidence of liability insurance coverage in the amount of $1
million, naming the Town as an additional insured;
4. That the cherry picker be placed in location(s) that will not interfere with traffic,
nor should it be used on the lawn;
5. No vehicles will be permitted on the lawn; and
6. That Town property be restored to the former level of cleanliness prior to use,
and any maintenance necessary due to usage is to be charged to KCAT.
Mr. Carlson seconded. Carried by vote of 4 ayes. Mr. Ventura was absent.
SANTA CLARA TRAFFIC AUTHORITY
Town Engineer Zapf summarized the report from Santa Clara County traffic
authority. After some discussion it was consensus of Council to take no position
until they have time to review report. Mr. Ventura and Mr. Daily appointed as
sub-committee to review report and relay their comments to the Traffic Authority.
WATER PRESSURES FORRESTER RD.
Discussion was held as to reported problem of water pressures in the Forrester
Road - Leotar Ct. area. It was suggested by Mr. Ferrito to request more
information and find out if there is a problem with the current residents - then
after receipt of report back on whether there is an adequate water pressure to
fight fires, then Council should voice their concerns.
LOS GATOS FLUME LOCATION
Mr. Carlson moved to accept staff recommendation that the section of the Los
Gatos Flume that was to be relocated from it's initial construction site to the
Novitiate Park Site be retained at it's original location with conditions. Mr. Daily
seconded. Carried unanimously.
CENTENNIAL COMMITTEE APPOINTMENTS
This item was continued to next meeting.
SILICON VALLEY TOXIC COALITION
After some discussion on this letter from the Silicon Valley Toxics Coalition. Mr.
Carlson moved to send letter supporting the position paper of the EPA's - as well
as the IEMP Stage 1 draft. Mr. Ferrito seconded. Carried by vote of 4 ayes. Mr.
Ventura was absent.
HISTORIC PRESERVATION
Mr. Carlson referred to the report on New Certifications available for Local
Historic Preservation Programs and suggested this material be sent to the
Bellringers. So ordered.
ADJOURNMENT
Mayor Benjamin declared the meeting adjourned at 10:50 p.m. to an executive
session. Town Attorney stated pursuant to Gov't Code Sec. 54956.9 (a) Council
would adjourn to executive session to discuss the following litigation matters;
GTE Mobile Net vs Town; Franusich vs Town and Crafford vs Town.
ATTEST:
Rose E. Aldag
Town Clerk