M 01-07-85TOWN OF LOS GATOS CALIFORNIA
TOWN COUNCIL/PARKING AUTHORITY AGENDA
JANUARY 7, 1985
TOWN COUNCIL
The Town Council and the Parking Authority met jointly in the Council Chambers
of the Town Hall at 8:00 p.m., in regular session. The Mayor informed the
audience meeting was starting late due to interviews, for commissions, being
held prior to the meeting.
ROLL CALL
PRESENT:Eric D. Carlson, Terrence J. Daily,Thomas J. Ferrito, Brent
N. Ventura and Mayor Joanne Benjamin.
ABSENT:None.
PLEDGE OF ALLEGIANCE
Given by all in attendance.
PRESENTATION
Mrs. Lassetter was not in attendance to accept her Resolution of Commendation.
APPOINTMENTS COMMUNITY SERVICE COMMISSION
Mayor Benjamin stated applications had been received from Bruce Berwald,
Carolyn K. Moniz, Philip O. Miller, Randy I. Danto, Dimone D. Petersen,Ellen J.
Graff and Agnes Therrien for the Community Service Commission. It was also
noted that applicants had been interviewed (except for E. Graff and D. Pedersen)
and felt all applicants were qualified for the commission. Voting was held, C.
Moniz, and P. Miller both received 5 votes; E. Graff received 4 votes; and R.
Danto received 3 votes. Carolyn K. Moniz,Ellen J. Graff and Philip O. Miller were
appointed for a full three year term each. Randy I. Danto was appointed to fill the
unexpired term of Susan Lassetter (term expires 1-1-86).
APPOINTMENTS PLANNING COMMISSIONER
Applications were received from Lee M. Chase, Ray Murdock and John Hulme
for Planning Commissioner. Nominations were opened for the one vacancy on
the Planning Commission. Mr. Carlson nominated Lee Chase; Mr. Daily
nominated John Hulme; and Mr. Ventura nominated Ray Murdock. Voting was
held and Lee Chase received a unanimous vote and was appointed to fill the
unexpired term of Rex Burbank. Term to expire August 1, 1986.
APPOINTMENT CULTURAL COMMISSION
Applications were received from Frank Treseder and Andrew Watson for the
Cultural Commission. Both were nominated for the one vacancy. Voting was
held and Frank Treseder received a unanimous vote and was appointed to fill the
unexpired term of John Finsand. Term to expire July 1, 1987.
EX-AGENDA ITEM
The Town Manager stated the report on the Community Task Force would
be added as item number 32.
Item 9a, Notice of Completion Tract 7395 would be withdrawn from this
agenda due to improvements not being completed.
BID AWARD STREET SWEEPER
It was noted that two bids had been received and opened, with price ranging
from low bid of $80,660.19 to high of $83,985.75. Mr. Daily moved to accept
staff recommendation and award the bid to G.C.S., Inc., for purchase of one
truck mounted street sweeper. The total purchase price is $80,660.19 with trade-
in. Mr. Carlson seconded. Carried unanimously.
COMMUNICATIONS (referral/file)
a.Letter from Mayor Virginia L. Fanelli (City of Saratoga) regarding Route 85
Planning. Mr. Daily moved this correspondence be filed. The Mayor will be kept
abreast of Saratoga's work at the monthly meetings of the West Valley Mayors
and Managers. The Mayor will report back on any significant issues that may be
covered. Mr. Ventura seconded. Carried unanimously.
b.Letter from Susanne Wilson regarding Mobile Home Park Conversion
Study. Mr. Daily moved this correspondence be referred to the Community
Services Director for a report on January 22, 1985. Mr. Ventura seconded.
Carried unanimously.
c.Letter from C. Yvette regarding Burger Pit Restaurant and noise
complaint. Mr. Daily moved this be filed, the Chief of Police reported on this
complaint December 18, 1984. Mr. Ventura seconded. Carried unanimously.
d.Letter from C. Yvette regarding truck traffic in residential area. Staff
reported that at its meeting of March 7, 1983, the Town Council approved staff
recommendations, including one that there be no installation of truck prohibition
signs on Tait Avenue. Trucks are presently prohibited from using Tait Avenue as
a through street since Tait Avenue is not a designated truck route.
e.Letter from PG&E regarding Outage Restoration and Policy and
Procedures. Mr. Daily moved this letter be filed as it was written in response to a
request of Councilmember Ventura. Mr. Ventura seconded. Carried
unanimously.
PARKING COMMISSION ACTIVITY REPORT
Informational report for Council.
PUBLIC HEARINGS REPORT
Informational report for Council.
DRAINAGE PROBLEM LOS GATOS-ALMADEN AT COUNTRYMAN'S
OLDSMOBILE
Mr. Daily moved to direct staff to advise Mrs. Olson that Countryman's
Oldsmobile-Cadillac has agreed to make necessary paving and drainage
improvements. Mr. Ventura seconded. Carried unanimously.
COUNTY REFERRALS
Mr. Daily moved to accept staff recommendations on the following:
1671-27-43-82B-82G Brush Road Brassfield Time
extension single family building site and grading permit No comment.
1527-29-41-81CS Old Santa Cruz Hwy Gillette Time
Extension subdivision. The County Board of Supervisors at its meeting of
December 11, 1984, granted the time extension. It was the Town's position that
the request should be denied, but after Mr. Gillette demonstrated that the County
incorporated the Town's previously stated concerns into the project and its
conditions of approval, the Town withdrew its objections. Mr. Ventura seconded.
Carried unanimously.
CITY OF SAN JOSE REFERRALS
Mr. Daily moved to accept staff recommendation of the following:
PD-84-11-121 General Development plan for Guadalupe Park R&D
(formerly Los Gatos Golf Course). Forward the Town's comments regarding lack
of information on the project. Mr. Ventura seconded. Carried unanimously.
NOTICE OF COMPLETIONS
Mr. Daily moved for approval of the Notice of Completions and Certificate of
Acceptances for the following:
Project 297 - Orchard Street Improvements
Project 295 - Los Gatos Boulevard/Kennedy Road signals and
interconnect.
Mr. ventura seconded. Carried unanimously.
Mr. Daily moved for approval of the Notice of Completion and Certificate of
Acceptance for Tract 7657, Carlton and National Avenues/Medical Office
Building (Angell). Mr. Ventura seconded. Carried by a vote of four ayes. Mr.
Carlson voting no.
COMMENDATION RUSSELL LOUTHIAN
Mr. Daily moved for adoption of Resolution No. 1985-1 entitled, A RESOLUTION
COMMENDING RUSSELL E. LOUTHIAN for his service as member of the
Community Services Commission. Mr. Ventura seconded. Carried unanimously.
NO PARKING IN ALLEY BETWEEN UNIVERSITY AVE. & STATION WAY
Mr. Daily moved for adoption of Resolution No. 1985-2 entitled, PARKING
PROHIBITION IN THE ALLEY BETWEEN UNIVERSITY AVENUE AND
STATION WAY (SOUTH OF THE OLD TOWN PARKING LOT). Mr. Ventura
seconded. Carried unanimously.
NO PARKING ROBERTS ROAD AND PORTION OF SHANNON ROAD
Mr. Daily moved for adoption of Resolution No. 1985-3 entitled, PARKING
PROHIBITION ON THE SOUTH SIDE OF ROBERTS ROAD BETWEEN
GEORGE STREET AND FISHER AVENUE. This also includes no parking on
portions of Shannon Road. Mr. Ventura seconded. Carried unanimously.
HARWOOD ROAD PEDESTRIAN/EQUESTRIAN/BICYCLE SAFETY
Mr. Daily moved for adoption of Resolution No. 1985-4 entitled,
ESTABLISHMENT OF A CROSSWALK ACROSS HARWOOD ROAD NORTH
OF BELHAVEN. Direct staff to install a pedestrian/equestrian/bicycle lane on the
west side of Harwood Road from Blossom Hill Road to Belhaven and direct staff
to install a 25MPH speed limit sign facing northbound traffic north of Belhaven
and equestrian crossing signs at crosswalks. Mr. Ventura seconded, with
suggestion that staff expand scope of this and look into ways to control traffic
along that area either through stop signs or traffic undulations. Mr. Ferrito
suggested other area's such as Loma Alta and Shannon Road be included in
staff report. The maker of the motion accepted the suggestions. Report to
Council at their next meeting. Motion carried unanimously.
BUS STOP SARATOGA AND SAN BENITO AVE.
Mr. Daily moved for adoption of Resolution No. 1985-5 entitled, BUS LOADING
ZONE ON THE NORTH SIDE OF SARATOGA AVENUE 200' WEST OF N.
SANTA CRUZ AVENUE. Mr. Ventura seconded. Carried unanimously.
BUSINESS LICENSE ORDINANCE AMENDMENT
Mr. Daily moved for adoption of Ordinance No. 1636 entitled, AN ORDINANCE
AMENDING CHAPTER 15 OF THE TOWN CODE CLARIFYING THE LIST OF
PROFESSIONAL AND SEMIPROFESSIONAL OCCUPATIONS. Mr. Ventura
seconded. Carried by a vote of three ayes. Mr. Ferrito and Mr. Ventura
abstained, they both have a professional office in town.
PRESENTATION TO BRENT N. VENTURA
Mr. Goodman, Manager-Engineer of Sanitation District #4, presented a plaque
and Resolution of Appreciation to Councilman Brent N. Ventura for his service as
a board Member of Sanitation District #4.
MINUTES DECEMBER 17, 1984
Mr. Daily referred to page 2, subject Executive Session Tapings. The vote
should read "Carried by vote of three ayes".
Mr. Ferrito moved minutes be approved as corrected. Mr. Carlson seconded.
Carried by a vote of 4 ayes. Mr. Daily abstained.
COMMUNICATIONS (for action)
a.Letter from J. Costello, et al, regarding Forbes Mill Condominium
structure. Mr. Ferrito moved Council authorize staff to initiate another effort at
mediation for the Forbes Mill homeowners. Mr. Ventura seconded. Carried
unanimously.
b.Letter from Maryalice Long regarding withdrawal of funds from the Town
Retirement Plan. Mr. Ventura moved that Council, acting as the Town
Retirement Board, approve Maryalice Long's request for withdrawal of her funds
from the Town Retirement Plan. Mr. Ferrito seconded. Carried unanimously.
PAYROLL DECEMBER 21, 1984 & JANUARY 4, 1985
Mr. Carlson moved to approve the December 21, 1984 payroll in the amount of
$139,256.93 and the January 4, 1985 payroll in the amount of $120,013.49. Mr.
Daily seconded. Carried unanimously.
TREASURER'S REPORT FOR NOVEMBER,1984
Mayor Benjamin stated, for the record, this is the last report made by Mr. Stoops
(former Treasurer), and Council appreciates and commends Mr. Stoops for his
service to the Town and wishes him the best of fortune in 1985 and the years
beyond. Mr. Carlson questioned negative balances on the report. The Town
Manager explained some but felt the Treasurer could better answer questions
regarding the various assessment districts. It was consensus of Council to
continue this to the next meeting and request Treasurer to explain.
INVESTMENT POLICY FOR THE TOWN OF LOS GATOS
Informational report for Council as to Treasurer's investment policy for the Town
of Los Gatos. No action taken.
EL MONTE ISLAND LANDSCAPING
Paul Butts, Chairman of the Park Commission, and Ardith Sams, Park
Commissioner spoke on the recommendations of the Park Commission. After
much discussion, Mr. Carlson moved this issue be referred back to the Park
Commission and request this item be looked at in conjunction with Loma Alta and
Johnson Avenue intersection project, and prepare a plan for Council's
consideration. Direct Commission to explore the possibility of other sources of
support, such as businesses or service organizations helping to finance said
project. Mr. Ventura seconded. Carried unanimously.
USE OF BLOSSOM HILL TENNIS COURTS
Mr. Butts and Ardith Sams, Park Commissioners, answered questions of Council
regarding Council's concerns on parking policy regarding other groups wishing to
use these facilities at other times and possible problems on the lack of use of
Tennis Courts by the residents of Los Gatos on the days the tournaments would
be held. After this discussion, Mr. Ventura moved Council accept staff
recommendation and approve the request of the Almaden Valley Athletic Club for
facility use of Blossom Hill Tennis Courts for the purpose of holding the USTA
Nationals on July 8th, 9th, and 10th, 1985, subject to staff requirements. Mr.
Daily seconded. Carried unanimously.
TOWN PLAZA REDEVELOPMENT
Robert Bryant, Director of Parks, Forestry, and Maintenance answered questions
of Council regarding plantings and the overall concept. Discussion was held on
bus layover at this location. After said discussion, Mr. Ferrito moved Council
approve the conceptual Plan for the Town Plaza as recommended by the
Redevelopment subcommittee and the Park Commission. Mr. Carlson
seconded. Carried unanimously. The Town Manager directed to schedule a
meeting for the Mayor to meet with County Transit to discuss the possibility of the
bus layover relocation
TOP OF THE HILL ROAD #3 ANNEXATION
Mayor Benjamin stated this was the time and place duly published for public
hearing to consider the proposed annexation. No written protests were filed and
no one in the audience wished to speak on this issue, Mr. Ferrito moved hearing
be closed. Mr. Ventura seconded. Carried unanimously. Mr. Ferrito moved for
adoption of resolution No. 1985-6 entitled, A RESOLUTION MAKING A FINDING
REGARDING THE VALUE OF WRITTEN PROTEST FILED AND NOT
WITHDRAWN AND ORDERING THE ANNEXATION OF CERTAIN
UNINHABITED TERRITORY DESIGNATED AS TOP OF THE HILL ROAD #3
TO THE TOWN OF LOS GATOS. Mr. Ventura seconded. Carried unanimously.
15200 LOS GATOS BOULEVARD ZONE CHANGE
Mayor Benjamin stated this was the time and place duly published for public
hearing to consider zone change application Z-84-2 requesting permission to
change the zone of a parcel from C-1 to CH, for property located at 15200 Los
Gatos Boulevard. Planning Director, Lee Bowman, explained that Mr. Tsigaris
has purchased the adjacent property southerly of the Flames Restaurant to
provide additional parking and said lot is in the C-1 zone while the existing
restaurant is in the CH zone. The lots are to be merged and the Planning
Commission recommends a change in zone to CH. No one from the audience
wished to speak on this issue, Mr. Carlson moved hearing be closed. Mr. Daily
seconded. Carried unanimously. Mr. Ventura moved reading be waived for AN
ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONING
ORDINANCE EFFECTING ZONE CHANGE NO.____ FROM C-1 TO CH. Mr.
Ferrito seconded. Carried unanimously. Town Clerk read title. Mr. Ventura
moved Ordinance be introduced and finds this zone change is consistent with the
General Plan. Mr. Carlson seconded. Carried unanimously.
AMENDMENT HILLSIDE SPECIFIC PLAN
Mayor Benjamin stated this was the time and place duly published for public
hearing to consider Planning Commission recommendation on amendments to
the Los Gatos Hillside Specific Plan with respect to emergency access roads.
Mr. Ventura suggested addition of another element, and that is, whenever a
development of land use application comes through for any area here has been
an existing emergency access, the Town shall require them to meet the use
standards. After some discussion and no one else wished to speak o this issue,
Mr.Ferrito moved hearing be closed. Mr. Carlson seconded. Carried
unanimously. Mr. Ferrito moved Council finds the amendment consistent with
the General Plan. Mr. Ventura seconded. Carried unanimously. Mr. Ferrito
moved to continue this matter for two weeks to allow the Town Attorney time to
prepare the appropriate Resolution. Mr. Daily seconded. Carried unanimously.
VERBAL COMMUNICATIONS
Mr. Weir, 16221 Kennedy Road, requested a change in the General Plan
designation. Mr. Ferrito moved to refer this to Planning Commission for their
recommendation. Mr. Carlson seconded. Carried unanimously.
Mr. Richard Gaines, 340 Johnson Avenue, spoke on correspondence Council
had received, some time ago, from Mr. Eugene Smith regarding an amendment
to the General Plan and the Downtown Specific Plan for property on Miles
Avenue. Mr. Carlson moved this correspondence and request be referred to the
Planning Commission for their recommendation.
Council referred to communication from Mr. Nobel, concerning property on
Terreno de Flores, regarding an amendment to the General Plan. Mr. Carlson
moved this request be referred to the Planning Commission for their
recommendation. Mr. Daily seconded. Carried unanimously. Lee Bowman,
Planning Director, stated these will be considered by Planning within the next six
months.
Jo Bartlett reported on garbage being dumped on Oak Hill Way and requested
Police Patrol in that area.
Eric Schweichert, 16381 Roseleaf Court, asked Council to reduce the parking
time limit on Church Street. Due to school parking lot being full, some of the
students park on Church Street and therefore receive tickets. Council suggested
this be communicated to Mr. Simonson and School Board regarding lack of
school parking.
RECESS
Mayor Benjamin declared a recess. Meeting reconvened at 9:50 p.m.
GENERAL PLAN AMENDMENT
Council considered the report from the Planning Commission (P.C. res. 84-7)
regarding the amendments in the April 16, 1984 Council referral, and the
additional amendments recommended by the Planning Commission (P.C. Res
84-8) to assure compliance with State guidelines and supreme court decisions.
The Council concurred with the Commission's recommendations in all cases
except as follows:
LAND USE ELEMENT
Section 2.5 Implementation
2. Nonresidential Uses:
subparagraphs b. through f. should be returned to the original version as
recommended by the Commission in 1983.
11. Annexation:
paragraph is amended to red as follows:
The Town will promote annexation of the unincorporated islands through
the use of neighborhood surveys and meetings, and public hearings by
the Town Council and elections as required by statute.
12. Specific Areas:
The recommendation in subparagraph e. is amended to read as follows:
Designate the area light industrial.
Subparagraph g. is to remain as originally referred to the Planning
Commission by the Council.
HOUSING ELEMENT
Section 3.6 Implementation
1. Special Housing Programs:
Subparagraph c. is amended as follows:
c. Secondary Units
A Secondary Unit shall be defined as a permanent structure with separate
entrance, bath and kitchen facilities. A Detached secondary unit is
physically separate from the main unit. An Attached secondary unit
requires modification to the exterior walls of the main unit. An Interior
secondary unit requires modifications only to the interior walls of the main
unit.
(1) All secondary units existing as of June 1, 1983 which meet applicable
health and safety codes or can meet those codes within one year after the
adoption of this General Plan will be eligible for a Conditional Use Permit
which may be granted by the Planning Director. The Town shall
concentrate its efforts in identifying existing secondary units and the
development of a realistic program to assure that all units existing on June
1, 1983 meet health and safety codes. This program shall be
implemented before processing applications for new secondary units.
(2) The secondary unit must remain rental only.
(3) One unit remains owner-occupied.
(4) Secondary Units may be allowed with a Conditional Use Permit in all
zones except the HR Zone.
(5) There shall not be more than one secondary unit on a lot
(6) Minimum lot size, maximum unit size and maximum number of
persons (restrictions) be developed for each of the three kinds of
secondary units as part of the zoning ordinance implementing the plan.
Minimum Lot Size Maximum Unit Size Maximum Persons
(Numbers to be determined at the time of the Zoning Ordinance Amendment)
(7) Applications for secondary units shall be governed as follows:
(a.) Town Council shall establish fees as low as possible.
(b.) All applications shall be agendized within 60 days of DRC completion.
(8) No exceptions to any Codes will be allowed for new secondary units.
(9) Adequate off-street parking shall be required for cars belonging to
occupants of secondary units.
Subparagraph e. is amended to read as follows:
e. Affordable Family Housing:
The Town's "Below Market Price" Program, then General Plan's high-
density residential special use designation and provision for secondary
units are intended to provide affordable family housing for moderate
income families. Subparagraph Id., and paragraph 2. through 11.:
Change all dates to reflect a 1985 adoption date.
Paragraph 9. is amended to read as follows:
The Town shall develop a mobile home zone for the existing mobile home
parks to protect the existing affordable high density housing at these sites,
to recognize the status quo, and to prevent change of use.
ROUTE 85 CORRIDOR ELEMENT
Section 5.4 Policies
Paragraph 3. to remain as originally referred to the Planning Commission
by the Council.
CONSERVATION AND HISTORIC PRESERVATION ELEMENT
Section 8.4 Policies
Paragraph 7. is amended to read as follows:
Encourage recycling of reusable materials.
The above amendments to the wording of the General Plan were all made by
consensus motions. Mr. Carlson moved to approve all amendments as
discussed, noted above, and continued the matter to February 4, 1985 to allow
Town Attorney to prepare appropriate Resolution for Council consideration. Mr.
Ventura seconded. Carried by a vote of 4 ayes. Mr. Ferrito voted no.
PREFERENTIAL PERMIT PARKING ON BROADWAY
The Town Manager reported on recommendation for establishment of permit
parking on Broadway between the hours of 9:00 a.m. and 6:00 p.m. (two hours
maximum without permit). Stating this would be only Monday through Friday and
not on weekends. Speaking on the problem of parking was Frank Jakes, 65
Broadway. After further discussion on recommendation, Mr. Ventura moved for
adoption of Resolution No. 1985-7 entitled, A RESOLUTION PROHIBITING
PARKING LONGER THAN 2 HOURS EXCEPT BY PERMIT ON PORTIONS OF
BROADWAY ND DEFINING TERMS FOR OBTAINING PERMITS. Mr. Ferrito
seconded. Carried unanimously.
SEWER LATERAL REPAIR - 340 JOHNSON AVENUE
Robert Bryant, Director of Parks, Forestry and Maintenance spoke on the report
regarding a problem with sewer lateral connection at 340 Johnson Avenue. Mr.
Bryant stated the Town's policy is the same as District No. 4 and Mr. Gaines has
installed a satisfactory cleanout. After further discussion, Mr. Carlson moved to
accept staff recommendation and deny Mr. Gaines request for sanitary sewer
lateral line repair based on conditions set forth under "Obligation of Property
Owner", Town of Los Gatos Sanitary Sewer Lateral Maintenance Policy
Statement. Mr. Ventura seconded. Carried unanimously.
AMENDMENT TO PD ORDINANCE FOR 576 W. PARR AVE.
Staff reported to an omission of a sentence in text of Ordinance No. 1632 and it
is necessary to amend said Ordinance and adopt said amendment. Mr. Ventura
moved reading be waived for AN ORDINANCE OF THE TOWN OF LOS GATOS
AMENDING ORDINANCE NO. 1632 (576 W. Parr Avenue). Mr. Ferrito
seconded. Carried unanimously. Clerk read title of Ordinance. Mr. Carlson
moved Ordinance be introduced. Mr. Ventura seconded. Carried unanimously.
PROJECT 305 LOS GATOS BLVD. STREET IMPROVEMENTS
Discussion was held on cost increase of said project since this was reported on
before and the possibility of including this project along with other projects along
Los Gatos Boulevard. It was consensus of Council to continue this issue to
January 22, 1985.
COMMUNITY TASK FORCE REPORT
Mayor Benjamin reported on the Community Task Force and stated she would
continue to keep Council informed as to progress.
ADJOURNMENT
Mr.Daily moved meeting be adjourned at 12:20 p.m. Mayor Benjamin seconded.
Carried unanimously.
ATTEST:
Rose E. Aldag
Town Clerk