M 02-03-86TOWN OF LOS GATOS CALIFORNIA
TOWN COUNCIL/PARKING AUTHORITY AGENDA
FEBRUARY 3, 1986
TOWN COUNCIL
The Town Council/Parking Authority met in a joint meeting in the Council
Chambers of the Town Hall at 7:55 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.
PLEDGE OF ALLEGIANCE
Given by all in attendance.
EXECUTIVE SESSION REPORT
The Town Attorney, Mary Jo Levinger, stated that following the Council meeting
of January 21, 1986, Council met in executive session and pursuant to
Government Code Section 54956.9(c) discussed institution of litigation of zoning
violations. There is nothing to report. Council also discussed potential
acquisition of 20 Grays Lane and the Eilertsen property. There is nothing to
report.
On January 27, 1986 Council met in executive session pursuant to Government
Code Section 54956.9(c) to discuss institution of litigation of zoning violations.
There is nothing to report.
Prior to tonight's meeting of February 3, 1986, Council met in executive session
pursuant to Government Code Section 54956.9(a) to discuss lawsuit of Town vs.
Scott. No action to report on this item. Litigation GTE Mobilnet vs. the Town and
GTE Mobilnet PUC application with no action taken on the discussion. Pursuant
to Government Code Section 54956.9(c) Council discussed institution of litigation
on building violations and zoning violations. Nothing to report.
BID AWARD - FLATBED DUMP TRUCK
It was noted by staff that bids were received from South Bay Ford Truck Sales in
the amount of $18,277.45 and from Swanson Ford in the amount of $19,423.71.
After some discussion, Mr. Ventura moved that bid be awarded to South Bay
Ford Truck Sales in the amount of $18,277.45. Mrs. Benjamin seconded.
Carried by a vote of four ayes. Mr. Carlson was absent.
BID AWARD - 3/4 TON PICK-UP
It was noted bids wee received from South Bay Ford Truck Sales in the amount
of $32,796.40 and Swanson Ford in the amount of $33,271.68 (for 2 trucks).
After some discussion, Mrs. Benjamin moved that bid for the (2) 3/4 ton pick-up
trucks be awarded to South Bay Ford Truck Sales in the amount of $32,796.40.
Mr. Ventura seconded. Carried by a vote of four ayes. Mr. Carlson was absent.
BID AWARD - 2 DUMP TRUCKS
It was noted bids were received from South Bay Ford Truck Sales in the amount
of $82,614.40 and from Garden State International Trucks in the amount of
$83,149.30. Mrs. Benjamin moved that bid for the (2) dump trucks be awarded
to South Bay Ford Truck Sales in the amount of $82,614.40. Mr. Ventura
seconded. Carried by a vote of four ayes. Mr.Carlson was absent.
BID AWARD - BACKHOE PAVEMENT BREAKER
Staff reported only one bid was received for the purchase of the Backhoe. After
some discussion, Mrs. Benjamin moved to award the bid for the Backhoe
Pavement Breaker to Empire tractor & Equipment in the amount of $20,230.49.
Mr. Daily seconded. Carried by a vote of three ayes. Mr. Ventura voted no. Mr.
Carlson was absent.
BID AWARD - LINE MARKING MACHINE
It was noted bids were received for the line marking machine ranging from low
bid of $44,008.00 to a high of $50,430.00. Mr. Ventura moved to award the bid
to Ricker Machinery Co., in the amount of $44,008.00. Mrs. Benjamin seconded.
Carried by a vote of four ayes. Mr. Carlson was absent.
BID AWARD - VIBRATORY ROLLER
It was noted 5 bids were received ranging from low bid of $19,800.00 to high id of
$27,951.40. Mrs. Benjamin moved to award the bid to Ingersoll-Rand Equipment
Sales in the amount of $19,800.00. Mr. Ventura seconded. Carried by a vote of
four ayes. Mr. Carlson was absent.
COMMUNICATIONS
(referral/file)
a.Letter from G & P Rental, 14814 Los Gatos Boulevard, requesting an
extension on the non-conforming use of land until the State of California requires
its termination in order to build the 85 Corridor. Mr. Ventura moved to refer
communication to the Town Manager for report. Mrs. Benjamin seconded.
Carried unanimously. On suggestion of Mayor Daily it was consensus of Council
to authorize staff to schedule this for public hearing on Mach 3, 1986, if it is
necessary.
b.Letter from City of Monte Sereno regarding admission/parking fees
charged at Oak Meakdow Park. Mr. Ventura moved to refer said communication
to Town Manager for report. Mrs. Benjamin seconded. Carried unanimously.
COUNTY REFERRALS
Mr. Ventura moved to accept staff recommendation as follows:
1782-31-45-82B Soda Springs Road Kiely
Extension of time no comment.
Mrs. Benjamin seconded. Carried unanimously.
PUBLIC HEARING SCHEDULE
Informational report for Council.
PLANNING COMMISSION MONTHLY REPORT
Informational report for Council.
NOTICE OF COMPLETION
Mr. Ventura moved to approve the Notice of Completion and Certificate of
Acceptance for Tract 7456 - Alberto Oaks Office Condominiums. Mrs. Benjamin
seconded. Carried unanimously.
TOPPING WAY #1 ANNEXATION
Mr. Ventura moved for adoption of Resolution No. 1986-18 entitled, A
RESOLUTION INITIATING PROCEEDINGS FOR THE ANNEXATION OF
CERTAIN INHABITED TERRITORY DESIGNATED AS TOPPING WAY #1 TO
THE TOWN OF LOS GATOS. (Public hearing is set for March 17, 1986). Mrs.
Benjamin seconded. Carried unanimously.
NOVITIATE NO. 2 ANNEXATION
Informational report for Council.
WEED ABATEMENT
Mr. Ventura amoved for adoption of Resolution No. 1986-19 entitled, A
RESOLUTION DECLARING WEEDS A PUBLIC NUISANCE AND PROVIDING
FOR THEIR ABATEMENT. (This sets the public hearing on weed abatement for
Mach 3, 1986). Mrs. Benjamin seconded. Carried unanimously.
COMMENDATION TIM COUGHLIN
Mr. Ventura moved for adoption or Resolution No. 1986-20 entitle,
RESOLUTION COMMENDING TIM COUGHLIN for services as a member of the
Los Gatos Community Services Commission. Mrs. Benjamin seconded. Carried
unanimously.
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
Mr. Ventura moved Council adopt the income guidelines for lower and very low
income households as revised by the Federal Department of Housing and Urban
Development. Mrs. Benjamin seconded. Carried unanimously.
EXTENSION OF TERM FOR THE LOS GATOS COMMUNITY SERVICES
Mr. Ventura moved for adoption of Resolution No. 1986-21 entitled, A
RESOLUTION TO CONTINUE THE TOWN COMMUNITY SERVICES
COMMISSION. Mrs. Benjamin seconded. Carried unanimously.
APPEAL - DENIED (43 BAYVIEW AVENUE) KEMP
Mr. Ventura moved for adoption of resolution No. 1986-22 entitled,
RESOLUTION DENYING APPEAL OF PLANNING COMMISSION DENIAL OF
APPEAL OF SECONDARY UNIT PERMIT (43 Bayview -- John & Judith Kemp).
Mrs. Benjamin seconded. Carried unanimously.
APPEAL - GOLF DRIVING RANGE (14739 S. Bascom)
Mr. Ventura moved for adoption of Resolution No. 1986-23 entitled,
RESOLUTION DENYING APPEAL FROM THE PLANNING COMMISSION
DENIAL OF CONDITIONAL USE PERMIT APPLICATION AND
ARCHITECTURE AND SITE APPLICATION REQUESTING APPROVAL OF
PLANS TO CONSTRUCT AND OPERATE A GOLF DRIVING RANGE. (14739
S. Bascom
avenue at Wanda Lane -- Los gatos driving Range). Mrs. Benjamin seconded.
Carried by a vote of three ayes. Mrs. Benjamin voted no, due to the ambiguity of
the letter and not that she was approving the application, as she certainly was
not. Mr. Carlson was absent.
TREASURER'S REPORT
Mayor Daily stated Council acknowledges the receipt of the Treasurer's report for
December, 1986.
JANUARY 13, 1986 MINUTES
Mrs. Benjamin requested corrections on Page 2, last paragraph 1st sentence
should read, " .. feels there are alternatives other than mass..". Page 3, 7th
paragraph add to end of sentence, ".. on both sides as is being done in the
Guadalupe Corridor.". There were also some corrections of spelling. Mrs.
Benjamin moved minutes of January 13, 1986 be approved as corrected. Mr.
Ferrito seconded. Carried unanimously.
JANUARY 21, 1986 MINUTES
Mr. Ventura requested correction on page 5, 7th paragraph to include the vote by
adding, "Motion carried by vote of three ayes. Mr. Daily and Mrs. Benjamin
voting no.". Mayor Daily requested correction on page 5, subject
PRESENTATION - LOS GATOS HIGH SCHOOL FOOTBALL TEAM, last line to
read, "The Key will be placed in the Schools trophy case". Page 8, subject,
ADJOURNMENT, first sentence should read, ".. adjourned to executive ..". Mrs.
Benjamin moved minutes of January 21, 1986 be approved as corrected. Mr.
Ferrito seconded. Carried unanimously.
JANUARY 17, 1986 PAYROLL
Mr. Ferrito moved to approve the January 17, 1986 payroll in the amount of
$128,720.18 plus payroll related warrants in the amount of $99,282.80. Mrs.
Benjamin seconded. Carried unanimously.
JANUARY 24, 1986 UNIFORM PAYROLL
Mr. Ferrito moved to approve the January 24, 1986 uniform allowance payroll in
the amount of $6,171.80 plus payroll related warrants in he amount of $218.00.
Mrs. Benjamin seconded. Carried unanimously.
CLOSURE - LEROY AVENUE
Mayor Daily stated this was the time and place duly published and posted for
public hearing to consider the closure of Leroy Avenue as requested buy
residents in the area. Engineer Ron Zapf, spoke to Council on signing that has
been in place since November 1985 and reported on studies staff has completed
in the area. Speaking on the issue was Mike Thomas, Leroy Avenue, who feels
the signs installed have really been no help. Morna Crites-Moore, Frank Avenue,
spoke on her concerns on impact of traffic on other streets with closure of Leroy
Avenue. Bill Gordon, Izorah Way, stated he opposes barrier and feels there
should be more police enforcement. Mr. Esparza, Frank Avenue, stated he
opposes a barrier as that would push traffic onto his street. Douglas Crites-
Moore suggested the placement of a stop sign at Izorah and Frank Avenue.
Others speaking to this issue were Leon Cozzo, J. Manganello, George Spooner,
Aurora Sallitto, Terry Meinzer, Candy Rogers and Rick Miller. Also speaking was
Hugh Dresslar, owner of the Happy Hound, stating he was no longer in violation
of the zoning ordinance as he no longer uses the house behind Happy Hound
for a warehouse. No one else wished to speak on this issue. Mrs. Benjamin
moved hearing be closed. Mr. Ferrito seconded. Carried unanimously. Chief
Acosta spoke on enforcement of violators and reasons for opposing the closure
of the street. Discussion was held on placement of no parking signs on both
sides of Leroy Avenue. After further discussion Council directed staff to work
with neighborhood group on Leroy Avenue to come up with a restricted parking
system on Leroy Avenue that could include permit parking,hours of operation,
etc. Staff to report back to Council on February 18, 1986. Also suggested was
clarification of signing on Leroy Avenue and police to give some extra patrol on
Leroy Avenue.
GENERAL PLAN AMENDMENT TO THE GENERAL PLAN & DOWNTOWN
SPECIFIC PLAN - PARKING, CIRCULATION, LAND USE & DOWNTOWN
PARKING PLAN
Mayor Daily stated this was the time and place duly noted for continued public
hearing to consider Planning Commission's recommendation on General Plan
Amendment to the General Plan and Downtown Specific Plan concerning
parking, circulation, land use and downtown parking plan. The Planning Director,
Lee Bowman, stated that the Parking commission has changed the proposed
parking program. The amendment, as required by State law, will have to be
referred back to the Planning Commission so that they can consider the
changes. Mrs. Benjamin moved hearing be continued to March 3, 1986. Mr.
Ferrito seconded. Carried unanimously.
LANDMARK & HISTORIC PRESERVATION OVERLAY ZONE
Mayor Daily stated this was the time and place duly noted for continued hearing
for consideration of amendments to the Town Zoning Ordinance, A-85-14,
concerning uses that would not otherwise be permitted in the LHP zone. No one
wished to speak on this issue. Mr. Ferrito moved hearing be closed. Mr. Ventura
seconded. Carried unanimously. Mr. Ferrito moved to waive the reading for AN
ORDINANCE OF THE TOWN OF LOS GATOS AMENDING CHAPTER 4.86 OF
THE ZONING ORDINANCE RELATING TO PERMITTED USES IN THE
LANDMARK HISTORIC PRESERVATION OVERLAY ZONE. Mrs. Benjamin
seconded. Carried unanimously. Clerk read title. Mr. Ferrito moved ordinance
be introduced. Mrs. Benjamin seconded. Carried unanimously.
MACABEE GOPHER TRAP REZONING
Mayor Daily stated this was the time and place duly noted for continued public
hearing for consideration of an amendment to the Zoning Ordinance Z-85-6,
establishing the R-1:80,000 LHP (Single Family Residential, 8,000 square foot
minimum lot size - Landmark and Historic Preservation Overlay zone) for
property located at 110 Loma Alta Avenue (Macabee Gopher trap Co.). No one
from the audience wished to speak on this item. Mr. Ferrito moved hearing be
closed. Mr. Ventura seconded. Carried unanimously. Mr. Ferrito moved reading
be waived for AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING
SECTION 2 OF ORDINANCE 1278 RELATING TO THE MACABEE GOPHER
TRAP MANUFACTURING COMPANY. Mrs. Benjamin seconded. Carried
unanimously. Clerk read title. Mr. Ferrito moved ordinance be introduced. Mrs.
Benjamin seconded. Carried unanimously.
AMENDMENT TO HOUSING ELEMENT
Mayor Daily stated this was the time and place duly noted for continued public
hearing to consider amendments to the Housing Element of the General Plan,
GP-85-2 regarding the Below Market Price Program. Lee Chase, member of the
Planning Commission, explained the rationale of the formula as shown in the
report. Ms. Fanelli of Fanelli Consulting, spoke on her concerns of how fees are
based. Also speaking to the issue was Ted Shebs. No one else wished to speak
on this issue. Mrs. Benjamin moved hearing be closed. Mr. Ventura seconded.
Carried unanimously. discussion was held on the calculation of the fees. Mr.
Bowman explained the method of calculating the in lieu fees, stating the
commission considered 3% of the sales price or 6% of the building permit
valuation. Commission also considered that the fee be paid at the time of
obtaining the building permit and that the fee be determined prior to the time that
the project comes before the Planning Commission. There was further
discussion. On consensus motion, Mr. Ferrito moved to continue hearing for
preparation of resolution. Mrs. Benjamin seconded. Carried unanimously. Mr.
Ventura stated he would like staff to prepare two resolutions, one showing 15% -
1 formula for BMP units, and the other showing 18% -1. Mr. Ferrito stated he
would move to have staff prepare two resolutions as suggested. Mrs. Benjamin
seconded. Carried unanimously.
VERBAL COMMUNICATIONS
Carla Gowdy, representing Bluebirds & Campfire Girls of Daves Avenue School,
stated the Bluebirds are starting their annual fund raising program and are
requesting permission to use the Town Plaza for this purpose during the month
of February 1986. After Further discussion, Mr. Ferrito moved to approve said
request subject to the receipt of insurance certificate for $1 million nd signed
Hold Harmless Agreement. Mr. Ventura seconded. Carried unanimously.
PROPOSED PARKING PROGRAM
Frank Howell, Parking Commission Chairman, spoke on proposal presented to
Council stating the Commission is hopeful of completing Phase 1 this year and to
accomplish this Council needs to approve the proposal as soon as possible.
Also speaking on this issue was Rex Morton, member of the Parking
Commission, stating the Commission would like to have the opportunity to get
the assessment district started as soon as possible.
Councilmember Joanne Benjamin and Mayor Daily, on behalf of Council,
commended the Parking Commission for their work on said Parking project.
Further discussion was held on the proposal. Mayor Daily stated that Council
has not has the opportunity to review proposal and the absence of one
Councilmember makes it impossible to make decision tonight. Mr. Ventura
moved to adjourn this hearing to a continued meeting at 8:30 p.m. on February
10, 1986. Preceding the meeting there will be a study session held at 7:30 p.m.
Mrs. Benjamin seconded. Carried unanimously.
ROUTE 85 CORRIDOR REPORT FROM POLICY ADVISORY BOARD
Mr. Ventura stated the next Advisory Policy Board will meet on March 19, 1986
whereby they have asked for the Town's position on HOV lanes, Land Use, and
clarification as to the number of lanes and rapid transit. Mr. Ventura
recommended these be agendized for Council and have staff prepare written
report on this issues for discussion. It was suggested that a study session be set
up before this be agendized. This will be set later this month.
HISTORIC PRESERVATION OVERLAY ZONE AND MACABEE GOPHER TRAP
ZONING
No action was taken on these two items based on Councils introduction of
ordinances as amended earlier in the meeting.
NOISE ORDINANCE AMENDMENT
Mr. Ferrito moved to waive the reading for AN ORDINANCE OF THE TOWN OF
LOS GATOS AMENDING SECTION 11.30.080 OF THE LOS GATOS TOWN
CODE RELATING TO OUTDOOR PAGING SYSTEMS. Mrs. Benjamin
seconded. Carried unanimously. Clerk red title. Mr. Ferrito moved for
introduction of ordinance. Mr. Ventura seconded. Carried unanimously.
ZONING ORDINANCE AMENDMENT - SECONDARY DWELLING UNITS
The Town Attorney reported on the proposed ordinance, stating it has been
reviewed and clarified regarding owner occupied units. Mr. Ventura moved to
make the findings that the ordinance amendment is consistent with the General
Plan. Mrs. Benjamin seconded. Carried unanimously. Mr. Ventura moved to
waive the reading for AN ORDINANCE OF THE TOWN OF LOS GATOS
AMENDING SECTION 3.96.050 OF THE TOWN ZONING ORDINANCE
RELATING TO SECONDARY DWELLING UNITS. Mrs. Benjamin seconded.
Carried unanimously. Clerk read title. Mr. Ventura moved for introduction of the
ordinance. Mrs. Benjamin seconded. Carried by a vote of three ayes. Mr.
Ferrito abstained and wants the record to reflect that the ambiguity needs to be
cleared up and also feels that when when Council started on the road towards
secondary units the original proposal by Council was that one of the two units be
owner occupied and he feels a change has been made which he cannot support.
LIABILITY INSURANCE
The Town Manager gave a status report on the liability insurance stating she will
continue to keep Council updated on this situation.
ROUTE 85 ADVISORY ELECTION FORMAT
Discussion was held on timing for the placement of a measure being placed on
the June Ballot. It was the consensus of Council to have staff look at the General
Plan for basis of wording of a ballot measure. A study session will be held on
this Monday, february 10, 1986 after the continued meeting at 8:30 p.m.
TRANSIT ASSIST AUDIT
Mr. Ferrito moved Council accept the Transit Assist Program Audit for FY 1984-
85 and that Council authorize the return of excess revenues to the Metropolitan
Transportation Committee (MTC). Mrs. Benjamin seconded. Carried by a vote
of three ayes. Mr. Carlson and Mr. Ventura were absent.
CBDG FUNDS FOR ACQUISITION OF 95 FAIRVIEW PLAZA
Mr. Ferrito moved to authorize the release of $79,500.00 in Community
Development Block Grant funds allocated to the Affordable Housing Fund for the
purchase of a four-plex located at 95 Fairview Plaza. Mr. Ventura seconded.
Carried unanimously.
COMPENSATION COMMUNITY SERVICES SPECIALIST
Mrs. Benjamin moved for adoption of resolution No. 1986-24 entitled, A
RESOLUTION ESTABLISHING COMPENSATION FOR COMMUNITY
SERVICES SPECIALIST. Mr. Ventura seconded. Carried unanimously. Salary
change effective February 9, 1986.
BLOSSOM HILL/SHANNON ROAD PEDESTRIAN SAFETY
It was consensus of Council to modify the public hearing and set hearing for April
7, 1986. In addition to other recommendation by staff, staff to have a report back
on signal timing on Blossom Hill and Cherry Blossom. Bids for said project would
be set at a later date.
TOWN PLAZA PARKING
Mrs. Benjamin moved deletion of red curb, removal of proposed planter and add
four parking spaces. Mr. Daily seconded. Carried by a vote of three ayes. Mr.
Ferrito voted no because he felt the proposal by staff is the best plan.
LEXINGTON MASTER PLAN
Council accepted the report with the following changes: (1) amendments
included development of Alma College Site as a State park or regional open
space; (2) fees for services in Lexington Park should be strictly limited; (3)
revegetation and landscaping should be included in #4; (4) screening with
planting should e included in all parking areas; and (5) elimination of power boats
should be considered.
SECONDARY UNIT PERMITS (SIEMENS)
Discussion was held on the recommendation. Mr. Ferrito questioned staff on
reason for recommendation. Mr. Bowman answered questions of Council stating
the Ordinance has changed. After further discussion, Mr. Ferrito moved to
accept the report and inform the Siemens' that failure to comply with the
provisions of the Secondary Unit Ordinance will cause their permit to be revoked
and that the unit will need to be abated. Mr. Ventura seconded. Carried
unanimously.
ADJOURNMENT
Mayor Daily declared the meeting adjourned at 11:40 p.m. to February 10, 1986,
to an executive session to be held at 6:30 p.m.; Study Session at 7:30 p.m.;
Public meeting at 8:30 p.m. (to consider the Parking Project); and another study
session following the 8:30 meeting.
ATTEST:
Rose E. Aldag
Town Clerk