M 07-21-86TOWN OF LOS GATOS CALIFORNIA
TOWN COUNCIL/PARKING AUTHORITY AGENDA
JULY 21, 1986
TOWN COUNCIL
The Town Council/Parking Authority met in a joint meeting in the Council Chambers of
the Town Hall at 7:45 p.m., in regular session.
ROLL CALL
PRESENT:Joanne Benjamin, Thomas J. Ferrito, and Vice-Mayor Brent N.
Ventura.
ABSENT:Eric D. Carlson, and Mayor Terrence J. Daily.
PLEDGE OF ALLEGIANCE
Given by all in attendance.
PRESENTATION
Vice-Mayor Ventura introduced Mrs. Frey, French teacher from Fisher Junior High
School and Mr. Junger, Superintendent of Schools in St. George Belgium. Vice-Mayor
Ventura explained the forming of an international student exchange program involving
seven Los Gatos students and nine Belgium students. A proclamation proclaiming July
21, 1986, as "Los Gatos/St. George Belgium Family-to-Family Exchange Day", was
presented, along with a key to the Town of Los Gatos, to each of the nine Belgium
students. Vice-Mayor Ventura acknowledged the Los Gatos families that have been
hosting the Belgium students and thanked them for their generosity and spirit of
cooperation.
APPOINTMENTS ARTS COMMISSION & LIBRARY BOARD
It was consensus of Council, due to applicant not being able to attend this meeting, to
continue the interviews until August 4, 1986.
CLOSED SESSION
The Town Attorney, Mary Jo Levinger, stated Council had met in Closed Session
following the continued Council meeting of July 14, 1986, pursuant to Government Code
Section 54956.9(c) Council discussed institution of litigation on Zoning violations and
there is no report from that discussion. Council also discussed acquisition of property at
20 Grays Lane and there is no report.
Prior to tonight's Council meeting of July 21, 1986, Council met in Closed Session
pursuant to Government Code Section 54956.9(a) to discuss litigation of Landis v. Town
and Town v. Ferrari. There is no report from that discussion. Pursuant to Government
Code Section 54956.9(b) Council discussed the claim of Ina Nelson. Council
determined that there was significant exposure to litigation and Council voted to
authorize settlement of that claim in the amount of $144.28. Pursuant to Government
Code Section 54956.9(c) Council discussed institution of litigation on Zoning violations.
There is nothing to report. Council discussed labor relations and there is nothing to
report at this time. Personnel matter were agendized but not discussed.
BID AWARD PROJECT 328 COMPUTER ROOM RELOCATION
Mr. Ferrito moved for adoption of Resolution No. 1986-106 entitled, RESOLUTION OF
THE TOWN COUNCIL OF THE TOWN OF LOS GATOS APPROVING PLANS AND
SPECIFICATIONS FOR PROJECT 328 - COMPUTER ROOM RELOCATION
IMPROVEMENTS; award the contract to O.C. McDonald, Inc., in the amount of
$7,891.00; and authorize the Mayor to sign the contract. Mrs. Benjamin seconded.
Carried by a vote of three ayes. Mr. Carlson and Mayor Daily were absent.
COMMUNICATIONS (referral/file)
a.Letter from Celia Palm requesting the use of the Town Plaza on December 21,
1986, for Christmas Caroling. Mrs. Benjamin moved to refer this to the Town Manager
for report. Mr. Ventura seconded. Carried by a vote of three ayes. Mr. Carlson and
Mayor Daily were absent.
b.Letter from the Lions Club requesting waiver of filing fees for the addition to
snack shack at Fisher School. Mrs. Benjamin moved to refer this to the Town Manager
for report. Mr. Ventura seconded. Carried by a vote of three ayes. Mr. Carlson and
Mayor Daily were absent.
c.Letter from Michael Fischetti regarding noise and disturbance from C.B.
Hannigan's on the weekends. Mrs. Benjamin moved to refer this to the Town Manager
for report. Mr. Ventura seconded. Carried by a vote of three ayes. Mr. Carlson and
Mayor Daily were absent.
d.Letter from Good Samaritan Hospital, representative Mary Bonsall Coordinator of
Classes, requesting permission to hold a historic walk on November 22nd and 23rd,
1986 from 8:00 a.m., to 5:00 p.m., both days. Mrs. Benjamin moved to refer this to the
Town Manager for report. Mr. Ventura seconded. Carried by a vote of three ayes. Mr.
Carlson and Mayor Daily were absent. Vice-Mayor Ventura informed staff that the
proposed walk includes an extensive residential area and in the past Council has tried
to keep walks like this in commercial areas. He requested staff to relay this message to
Good Samaritan Hospital.
SCHEDULE OF PUBLIC HEARINGS
Information for Council on upcoming scheduled public hearings.
PARKING COMMISSION ACTIVITY REPORT 41
Council informational report.
CODE COMPLIANCE OFFICER QUARTERLY REPORT
Council informational report.
LARRY ARZIE'S LETTER REGARDING PARKING PLAN
Mrs. Benjamin moved to direct staff to prepare a letter for the Mayor's signature
suggesting that Mr. Arzie raise his concerns with the Parking Commission and ask the
Parking Commission to extend an invitation to Mr. Arzie to attend the meetings and
voice his concerns. Mr. Ventura seconded. Carried by a vote of three ayes. Mr.
Carlson and Mayor Daily were absent.
TRACT 7660 REPORT ON MR. PARE'S LETTER
Staff reported on concerns of Mr. Pare regarding the height of the residence backing up
on existing homes and the property line adjustment between Johnson Hollow (Tract
7660) and Spring Street lots. Report stated that since the final map was signed by the
property owners involved. No recourse is available at this time unless all affected
property owners agree to a change in the map.
EARTHQUAKE PREPAREDNESS PROJECT (BAREPP)
Informational report for Council.
PETITION CRUISING ON N. SANTA CRUZ AVE.
Informational report for Council.
ORDINANCE REGARDING BMP UNITS
Due to lack of full Council, Mr. Ferrito moved to continue the adoption of said Ordinance
until August 4, 1986. Mrs. Benjamin seconded. Carried by a vote of three ayes. Mr.
Carlson and Mayor Daily were absent.
ORDINANCE BUILDING HEIGHT ON SLOPING LOTS
Due to lack of full Council, Mr. Ferrito moved to continue the adoption of said Ordinance
until August 4, 1986. Mrs. Benjamin seconded. Carried by a vote of three ayes. Mr.
Carlson and Mayor Daily were absent.
COMMENDATIONS YOUTH ADVISORY COMMISSIONERS OF 1984-85
Mrs. Benjamin moved for adoption of Resolutions of Commendation for the 1984-85
Youth Advisory Commissioners as follows:
Resolution No. 1986-107 entitled, COMMENDING KIMBERLY FORRESTER;
Resolution No. 1986-108 entitled, COMMENDING ERICA COSGROVE;
Resolution No. 1986-109 entitled, COMMENDING INDRA CHATTERJEE;
Resolution No. 1986-110 entitled, COMMENDING LAURA APFEL;
Resolution No. 1986-111 entitled, COMMENDING PHILIP ANDERSON;
Resolution No. 1986-112 entitled, COMMENDING GILDA FORRESTER;
Resolution No. 1986-113 entitled, COMMENDING JANET ANDERSON;
Resolution No. 1986-114 entitled, COMMENDING CLAUDIA KISHLER;
Resolution No. 1986-115 entitled, COMMENDING JILL MUSSER;
Resolution No. 1986-116 entitled, COMMENDING KRISTI MUSSER;
Resolution No. 1986-117 entitled, COMMENDING CHRISTINE JOLLS;
Resolution No. 1986-118 entitled, COMMENDING STEVEN ROSE;
Resolution No. 1986-119 entitled, COMMENDING STEFANI SCHMITT;
Resolution No. 1986-120 entitled, COMMENDING SHANNON RODGERS;
Resolution No. 1986-121 entitled, COMMENDING THOMAS J. AHEARN;
Resolution No. 1986-122 entitled, COMMENDING ELENA NICHOLADIS;
Resolution No. 1986-123 entitled, COMMENDING KEVIN DOYLE;
Resolution No. 1986-124 entitled, COMMENDING SAMANTHA DAHL;
Resolution No. 1986-125 entitled, COMMENDING JONATHON PETERSEN;
Resolution No. 1986-126 entitled, COMMENDING MEGAN FERRITO; and
Resolution No. 1986-127 entitled, COMMENDING JILL HALVERSON.
Vice-Mayor Ventura seconded. Carried by a vote of three ayes. Mr. Carlson and Mayor
Daily were absent.
TRACT 7613 CERRO VISTA
Mr, Bowman answered questions of Council and referred to conditions applied to said
subdivision. He stated every lot in the subdivision will require Architecture and Site
approval and that will be subject to current standards. After further discussion, Mrs.
Benjamin moved for adoption of Resolution No. 1986-128 entitled, RESOLUTION
APPROVING AND ACCEPTING FINAL MAP OF TRACT NO. 7613; and authorize
execution with the developer of the contract for public improvements. Vice-Mayor
Ventura seconded. Carried by a vote of three ayes. Mr. Carlson and Mayor Daily were
absent.
15310 KENNEDY RD. EXTENSION OF WATER & SEWER AGREEMENT (BLAIR)
Mrs. Benjamin moved for adoption of Resolution No. 1986-129 entitled, RESOLUTION
AUTHORIZING WATER AND SEWER EXTENSION AGREEMENT (this is with James
E. Blair at 15310 Kennedy Road). Vice-Mayor Ventura seconded. Carried by a vote of
three ayes. Mr. Carlson and Mayor Daily were absent.
POSITIONS & SALARIES FOR FY 86/87
Mrs. Benjamin moved for adoption of Resolution No. 1986-130 entitled, A
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
RESCINDING CERTAIN PRIOR RESOLUTIONS AND ADOPTING SCHEDULES OF
AUTHORIZED POSITIONS AND SALARIES FOR FISCAL YEAR 1986-87. Vice-Mayor
Ventura seconded. Carried by a vote of three ayes. Mr. Carlson and Mayor Daily were
absent.
LOS GATOS POLICE OFFICER ASSOC. M.O.U.
Mrs. Benjamin moved for adoption of Resolution No. 1986-131 entitled, A
RESOLUTION APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN
THE TOWN OF LOS GATOS AND THE POLICE OFFICERS ASSOCIATION. Vice-
Mayor Ventura seconded. Carried by a vote of three ayes. Mr. Carlson and Mayor
Daily were absent.
MINUTES JULY 7, 1986
Mr. Ferrito moved for the approval of the July 7, 1986 minutes as submitted. Mrs.
Benjamin seconded. Carried y a vote of three ayes. Mr. Carlson and Mayor Daily were
absent.
PAYROLL & RELATED WARRANTS JULY 3, 1986
Mr. Ferrito moved for the approval of the July 3, 1986 payroll in the amount of
$133,873.73, and related warrants in the amount of $115,677.88. Mrs. Benjamin
seconded. Carried by a vote of three ayes. Mr. Carlson and Mayor Daily were absent.
PAYROLL & RELATED WARRANTS JULY 18, 1986
Mrs. Benjamin moved for the approval of the July 18, 1986 payroll in the amount of
$135,379.19 and related warrants in the amount of $117,611.70. Mr. Ferrito seconded.
Carried by a vote of three ayes. Mr. Carlson and Mayor Daily were absent.
WARRANTS JUNE 1986
Mrs. Benjamin moved for approval of the June 1986 warrants in the amount of
$229,638.76. Mr. Ferrito seconded. Carried by a vote of three ayes. Mr. Carlson and
Mayor Daily were absent.
APPEAL 718 UNIVERSITY AVENUE (GUADALUPE RUBBISH DISPOSAL
COMPANY)
Vice-Mayor Ventura stated this was the time and place duly noted for continued public
hearing to consider the appeal of Planning Commission's denial of application for zone
change application Z-84-6, consideration to delete an existing Commercial-Industrial
Planned Development (LM-PD) zone to permit the construction of a multi-use facility
(research and development, light industrial office) at 718 University Avenue (Guadalupe
Rubbish Disposal Co., Inc.). Linda Callon, Attorney representing Guadalupe Rubbish
Co., stated that due to lack of a full Council she is requesting this be continued to
August 4, 1986. No one from the audience wished to speak on this issue. Mr. Ferrito
moved to grant the request and continue this hearing until August 4, 1986. Mrs.
Benjamin seconded. Carried by a vote of three ayes. Mr. Carlson and Mayor Daily
were absent.
APPEAL 16412 LOS GATOS BOULEVARD LOS GATOS CONVALESCENT HOSPITAL
Vice-Mayor Ventura stated this was the time and place duly noted for continued public
hearing to consider the appeal of Conditional Use Permit Application U-77-38A,
consideration to operate an existing Convalescent Hospital in the "O" Zone. Applicant
has requested this matter be continued for sixty days due to their plans to expand the
hospital. No one from the audience wished to speak on this issue. Mrs. Benjamin
moved to continue this hearing to September 15, 1986. Mr. Ferrito seconded. Carried
by a vote of three ayes. Mr. Carlson and Mayor Daily were absent.
APPEAL 15990 CERRO VISTA COURT
Vice-Mayor Ventura states this was the time and place duly noted for public hearing to
consider the appeal of Planning Commission's approval of plans for a second story
addition to an existing single family residence in the HR-1 Zone. Property located at
15990 Cerro Vista Court, (David Berwick, owner). It was noted that the appellant, Mr.
Boyd Pulley requested his appeal be withdrawn from the agenda. No one in the
audience wished to be heard on this issue. Mr. Ferrito moved to approve the
withdrawal of the appeal and take no action. Mrs. Benjamin seconded. Carried by a
vote of three ayes. Mr. Carlson and Mayor Daily were absent.
APPEAL DENIAL PUSHCART PERMIT FOR ANYTHING 'N BAGELS
Vice-Mayor Ventura stated this was the time and place duly noted for public hearing to
consider the appeal of the denial of a Pushcart Permit at the location of High School
Court and Church Street. Applicant Phil Bond, Anything "N Bagels (owner, Jerry Falk).
Mr. Bond, 26171 Mt. Bache Road, appellant on the denial of said permit, requested
Council consideration of a change in the zone to allow a pushcart on High School Court
and Church Street. Council questioned the lack of sanitary facilities being made
available to the applicant. Further discussion was held on other requirements
necessary whereby Mr. Bond answered questions of Council stating the High School
was not opposed to his being located near the sidewalk on Church Street. No one else
from the audience wished to speak on this issue. Mr. Ferrito moved the public hearing
be closed. Mrs. Benjamin seconded. Carried by a vote of three ayes. Mr. Carlson and
Mayor Daily were absent. After further discussion, Mr. Ferrito stated that due to the
desirable location and to unique circumstances he would move to direct staff to draft an
ordinance to change the zoning which would allow a pushcart to operate at this location.
Mr. Ferrito feels that this is what Council originally intended. Mrs. Benjamin moved
hearing be reopened and continued to August 4, 1986. Mr. Ferrito seconded. Carried
by a vote of three ayes. Mr. Carlson and Mayor Daily were absent.
COUNTY REFERRAL
Mr. Les Carlson owner/manager of the San Antonio Stables in Portola Valley, spoke on
the proposed use of Lakeview Court property which is in the County (County Referral
2897-26-47-86P-86A-86RA) whereby the applicant has applied for a Use Permit so the
property may be used for stabling of show horses. There has been opposition to the
application and Mr. Les Carlson wished to explain the operation of the stables. He
answered questions of Council regarding the number of deliveries, amount of traffic this
operation will generate, etc., and stated the use of the property will be for stabling of
show horses. There will be no riding, showing or sales of horses at this location. Nino
Yannoni, representing SAFE on 17 and Mr. Oggerino, resident of subdivision on
Lakeview Court spoke in opposition of the granting of such a use for this property. After
further discussion, Mr. Ferrito moved to recommend denial of use permit by the County
due to Council's concerns on the safety of the intersection of Black Road and State
Highway 17; drainage and erosion control; grading; storm water runoff; odor; and noise.
Mrs. Benjamin seconded. Carried by a vote of three ayes. Mr. Carlson and Mayor
Daily were absent.
Mr. Ferrito moved to accept staff recommendation on the following:
2911-27-48-86P-86A-86G W. of Route 17 N. of Montevina Road
San Jose Water Co. Arch O& Site Approval, Grading &
Use Permit Approval.
2932-29-40-86 N. side old Santa Cruz Hwy at Melody Lane
General Telephone Co Arch & Site approval modification
No comment.
2913-30-49-86B-86G-86R S. Tourney Road Wilson
Development/DiSalvo Residential Bldg. Site, grading, design review. Council noted a
letter had been received requesting the continuance of this to August 4, 1986 to allow
Wilson Development Co. to work with staff to resolve the issues concerning this project.
Council then asked staff to look into illegal grading and report to Council on what
mitigation has been taken care of.
2913-30-49-86B-86DR-86LA S. Tourney Road Wilson Dev.
Co/DeSalvo Lot line adjustment Approval
Mrs. Benjamin seconded. Carried by a vote of three ayes. Mr. Carlson and Mayor
Daily were absent.
1986-87 TOWN BUDGET
Mr. Ventura stated due to his absence when this was discussed at the last meeting,
he would move for reconsideration of closure of Placer Oaks opening on Los Gatos
Boulevard. Mr. Ferrito seconded. Carried by a vote of two ayes. Mrs. Benjamin voting
no. Mr. Carlson and Mayor Daily were absent. Vice-Mayor Ventura stated this to be
considered at the July 28th, 1986 meeting. Mr. Ferrito moved for the adoption of
Resolution No. 1986-132 entitled, A RESOLUTION ADOPTING BUDGET FOR FISCAL
YEAR 1986-87. Mrs. Benjamin seconded. Carried by a vote of three ayes. Mr.
Carlson and Mayor Daily were absent.
LOS GATOS BLVD. CORRIDOR STUDY PROJECT 309 CONSENSUS
Due to the lack of a full Council, it was consensus of Council to continue this item until
July 28, 986.
CONSENSUS POSITION ON ROUTE 85 CORRIDOR
Due to lack of a full Council, it was consensus of Council to continue this item until July
28, 1986. Vice-Mayor Ventura acknowledged the presence of the Mayor of Monte
Sereno, Jack Lucas and Council member Dorothy Bamford. He asked them to furnish
the Los Gatos Council members with a copy of their position letter regarding Route 85.
APPLICATION NON-PROFIT FUNDING
Discussion was held on the proposed draft application for non-profit funding.
Suggested changes were made regarding page 3, process, to add, "the committee will
determine proposal eligibility based on guidelines as described on page 1." Page 1,
Eligibility, to add "or it could be a governmental entity." It was also stated that
organizations should be given time to furnish ample information. After further
discussion, Mrs. Benjamin moved public hearing on non-profit funding applications be
set for September 8, 1986. Mr. Ferrito seconded. Carried by a vote of three ayes. Mr.
Carlson and Mayor Daily were absent.
CLOSED SESSION
The Town attorney stated Council will adjourn to a closed Session following tonight's
meeting to discuss personnel matter and pursuant to Government Code Section
54956.9(a) pending litigation and possible under (c) the institution of litigation on zoning
violations.
ADJOURNMENT
At 9:00 p.m., Vice-Mayor Ventura declared the meeting be adjourned to a closed
Session immediately following tonight's meeting and continue tonight's meeting to 7:30
p.m. on Monday, July 28, 1986.
ATTEST:
Rose E. Aldag
town Clerk