M 09-08-87TOWN OF LOS GATOS CALIFORNIA
TOWN COUNCIL/PARKING AUTHORITY AGENDA
SEPTEMBER 8, 1987
TOWN COUNCIL
The Town Council/Parking Authority met in the Council Chambers of the Town
Hall at 8:00 p.m., in regular session.
ROLL CALL
PRESENT:Joanne Benjamin, Thomas J. Ferrito, Robert l. Hamilton, and
Mayor Brent N. Ventura.
ABSENT:Eric D. Carlson.
PLEDGE OF ALLEGIANCE
Given by all in attendance.
CLOSED SESSION
The Town Attorney, Mary Jo Levinger, stated Council had met in Closed Session
prior to this evenings meeting and discussion was held on the following pending
litigations pursuant to Government Code Section 54956.9(a):
1.Farwell vs. Town of Los Gatos. No report.
2.Overhouse vs. Town of Los Gatos. A settlement in the amount of
$35,000.00 has been reached. The settlement is not from Town funds it is
insurance proceeds.
3.Trusso vs. Town of Los Gatos. No report.
Pursuant to Government Code Section 54956.9(c) the following institutions of
litigation were discussed:
1.Institution of litigation regarding payment of salaries. No report.
2.Institution of litigation regarding HVAC System. No report.
There was discussion on labor relations. Under another item on this agenda
there will be approval of agreement with AFSCME, labor union, for a one year
contract.
BID AWARD SURVEILLANCE COMMUNICATION EQUIPMENT FOR POLICE
DEPT.
Bid were received from Audio Intelligence Devices sin the amount of $4,309.00
and Aerolog Industries, Inc., in the amount of $6,375.00 plus 6.5% sales tax for
the purchase of a specialized surveillance communication equipment system for
the Police Department. Interim Chief, Art Roy, answered Council's questions
regarding the need and use of the need and use of the audio device. Mr. Ferrito
moved to award the bid for the purchase of a specialized audio surveillance
communication equipment system to Audio Intelligence Devices, in the amount of
$4,610.63, which includes tax. Mr. Hamilton seconded. Carried by a vote of four
ayes. Mr. Carlson was absent.
SCHEDULE OF PUBLIC HEARINGS
Council informational report.
COUNTY REFERRALS
Mrs. Benjamin moved to accept staff recommendations as follows:
3332-22-48-87B Beggs Rd. Shearer Single
Building site No comment.
MSR 279 Lexington Dr./Daves Ave. Halaburka & Hunt
Lot Line Adjustment No comment.
MSR 280 Kart Ave.Montano Lot split. The
proposed driveway be moved to approximately ten feet from base of oak tree at
the end of Smith Creek Road and interlocking pavers be placed in driveway
under the dripline of oak trees. An emergency access road connecting Smith
Creek Road to Via Palomino be part of this application and a new driveway
constructed to incorporate road system.
3316-31-52-87V-78SP Topping Way Wach Variance &
Special Permit. Denial of the variance and approval of a guest house without
kitchen facilities providing the County can include a condition that would prevent
any possibility that the guest house could become a secondary dwelling unit.
Mr. Hamilton seconded. Carried by a vote of four ayes. Mr. Carlson was absent.
COUNCIL CALENDAR OF MEETINGS
Council informational report.
PAYROLL & RELATED CHECKS AUGUST 28, 1987
Mrs. Benjamin moved for the approval of the August 28, 1987 payroll in the
amount of $164,384.52; related warrants in the amount of $101,861.63; and
voided and reissued payroll checks. Mr. Hamilton seconded. Carried by a vote
of four ayes. Mr. Carlson was absent.
AUGUST, 1987 WARRANTS
Mrs. Benjamin moved for the approval of the August, 1987 accounts payable in
the amount of $252,383.24. Mr. Hamilton seconded. Carried by a vote of four
ayes. Mr. Carlson was absent.
PLANNING COMMISSION/DEPT. MONTHLY REPORT
Council informational report.
NOTICE OF COMPLETION BLOSSOM HILL PARK & LA RINCONADA PARK
Mrs. Benjamin moved for the adoption of the Certificate of Acceptance and
Notice of Completion for the Tennis Court Resurfacing of Blossom Hill Park and
La Rinconada Park. Mr. Hamilton seconded. Carried by a vote of four ayes. Mr.
Carlson was absent.
BLACKBERRY HILL ROAD ANNEXATION
Discussion was held concerning the construction of a single family home on
Blackberry Hill Road. This item was pulled from the agenda and continued to
September 21, 1987 Council meeting. Staff to look into a deferred annexation
agreement and check with Sanitation District 4 regarding sewer hook-up.
WAIVER OF FEES LOS GATOS UNION SCHOOL DIST.
The Los Gatos Union School District requested waiver of $500.00 fee for the
modification of a Conditional Use Permit. Mrs. Benjamin moved to waive the
$500.00 fee. Mr. Hamilton seconded. Carried by a vote of four ayes. Mr.
Carlson was absent.
CHERRY BLOSSOM NEIGHBORHOOD MEETING
At the July 20, 1987 meeting, Council directed staff to schedule a neighborhood
meeting in September to discuss the Cherry Blossom Neighborhood Study and
modify the Public Meeting Notice. Mrs. Benjamin moved to approve the date and
time (Thursday, September 17, 1987 from 7:00 p.m. to 9:00 p.m. at Blossom Hill
School cafeteria) of the neighborhood meeting and the Public Meeting Notice to
be distributed to the Blossom Hill Manor neighborhood; and direct staff to report
back to the Town Council at the October 19, 1987 Council meeting with the
results of the meeting and specific recommendations. Mr. Hamilton seconded.
Carried by a vote of four ayes. Mr. Carlson was absent.
SANTA CLARA VALLEY WATER DISTRICT - STUDY OF URBAN RUNOFF
Mrs. Benjamin moved to authorize the Mayor to sign an agreement with the
Santa Clara Valley Water District for the purpose of implementing a plan of action
for a study of urban runoff as required by the Regional Water Quality Control
Board (not to exceed $18,816.00); and authorize a supplemental appropriation in
the amount of $18,816.00 from General Fund Appropriated Reserve. Mr.
Hamilton seconded. Carried by a vote of four ayes. Mr. Carlson was absent.
AMICUS BRIEF BELAIR VS. RIVERSIDE COUNTY
Mrs. Benjamin moved for approval to participate in Amicus Brief in Belair vs.
Riverside County Flood Control District (inverse condemnation case) at no cost
to the Town of Los Gatos. Mr. Hamilton seconded. Carried by a vote of four
ayes. Mr. Carlson was absent.
FORRESTER ROAD TRAIL
This item was pulled from the agenda and continued to the September 21, 1987
Council meeting.
ANNUAL REPORT YOUTH ADVISORY COMMISSION
Mrs. Benjamin moved to approve the Youth Advisory Commission's
recommendation to grant the 1986/87 Youth Advisory Commission Community
service award to Laura Chamberlain and also approve allocation of $100.00 from
the Youth Advisory Commission's deposit; and approve the youth Advisory
Commission's Fiscal Year 1986/87 Annual Report. Mr. Hamilton seconded.
Carried by a vote of four ayes. Mr. Carlson was absent.
ART'S COMMISSION ANNUAL ART AWARD PROPOSAL
Mrs. Benjamin moved to approve the Annual Arts award project proposed by the
Art's Commission; appropriation of donated funds ($450 - to date) currently held
in deposit by the Town; and other funds raised through their solicitation be
deposited and earmarked for this project as needed to meet the costs outlined in
the budget. Mr. Hamilton seconded. Carried by a vote of four ayes. Mr. Carlson
was absent.
VOTING MEMBER & ALTERNATE FOR LCC ANNUAL CONFERENCE
Mrs. Benjamin moved to designate Mayor Ventura as the voting member and
Deborah Swartfager, Town Manager, as alternate to the League of California
Cities Annual Conference. Mr. Hamilton seconded. Carried by a vote of four
ayes. Mr. Carlson was absent.
AFSCME APPROVAL OF M.O.U.
Mrs. Benjamin moved for the adoption of resolution No. 1987-116 entitled, A
RESOLUTION APPROVING A MEMORANDUM OF UNDERSTANDING
BETWEEN THE TOWN OF LOS GATOS AND AFSCME. Mr. Hamilton
seconded. Carried by a vote of four ayes. Mr. Carlson was absent.
COMMENDING LOS GATOS CENTENNIAL, INC. VOLUNTEERS
Mrs. Benjamin moved to proclaim October 7, 1987 as a special day of
recognition for the townspeople who volunteered on the Centennial Committees
and adopt the following resolutions:
Resolution No. 1987-117 entitled, A RESOLUTION COMMENDING THE
LOS GATOS CENTENNIAL, INC.'S DEDICATED VOLUNTEERS (Executive
Board);
Resolution No. 1987-118 entitled, A RESOLUTION COMMENDING THE
LOS GATOS CENTENNIAL, INC'S DEDICATED VOLUNTEERS (Fund raising
Committee);
Resolution No. 1987-119 entitled, A RESOLUTION COMMENDING THE
LOS GATOS CENTENNIAL, INC'S DEDICATED VOLUNTEERS (Historical
Advisory Committee);
Resolution No. 1987-120 entitled, A RESOLUTION COMMENDING THE
LOS GATOS CENTENNIAL,INC.'S dedicated volunteers (Communications
Committee);
Resolution No. 1987-121 entitled, A RESOLUTION COMMENDING THE
LOS GATOS CENTENNIAL, INC.'S DEDICATED VOLUNTEERS (Centennial
Pageant Committee);
Resolution No. 1987-122 entitled, A RESOLUTION COMMENDING THE
LOS GATOS CENTENNIAL, INC.'S DEDICATED VOLUNTEERS (Special
Events Committee); and
Resolution No. 1987-123 entitled, A RESOLUTION COMMENDING THE
LOS GATOS CENTENNIAL, INC.'S DEDICATED VOLUNTEERS (Steering
Committee).
Mr. Hamilton seconded. Carried by a vote of four ayes. Mr. Carlson was absent.
RESOLUTION COMMENDING LOS GATOS SCHOOL SYSTEM
Mrs/ Benjamin moved for the adoption of Resolution No. 1987-124 entitled, A
RESOLUTION OF THE TOWN OF LOS GATOS COMMENDING THE LOS
GATOS SCHOOL SYSTEM. MR. hAMILTON SECONDED. cARRIED BY A
VOTE OF FOUR YES. Mr. Hamilton seconded. Carried by a vote of four ayes.
Mr. Carlson was absent.
ORDINANCE MARIA'S BERRY FARM HISTORICAL DESIGNATION
Mrs. Benjamin moved for the adoption of Ordinance No. 1734 entitled, AN
ORDINANCE OF THE TOWN OF LOS GATOS DESIGNATING STRUCTURES
AS HISTORICALLY AND CULTURALLY SIGNIFICANT (MARIA'S BERRY
FARM). Mr. Hamilton seconded. Carried by a vote of three ayes. Mr. Ferrito
abstained and Mr. Carlson was absent.
LONG'S DRUG STORE - 15698 LOS GATOS BLVD .
Mrs. Benjamin moved for the adoption of resolution No. 1987-125 entitled,
RESOLUTION REMANDING TO PLANNING COMMISSION THE APPEAL OF
PLANNING COMMISSION DENIAL OF REQUEST TO OPERATE A SUPER
DRUGSTORE WITHIN THE EXISTING NOB HILL SHOPPING CENTER AND
TO MAKE EXTERIOR MODIFICATION TO EXISTING CENTER ON PROPERTY
IN THE C-1 ZONE (15698 Los Gatos Boulevard - Long's Drug Stores California,
Inc.). Mr. Hamilton seconded. Carried by a vote of three ayes. Mayor Ventura
abstained and Mr. Carlson was absent.
RESOLUTION REMANDING TO PLANNING COMM. 37 BROADWAY (D.
SYLVESTER)
Mrs. Benjamin moved for the adoption of resolution No. 1987-126 entitled,
RESOLUTION REMANDING TO PLANNING COMMISSION THE APPEAL OF
PLANNING COMMISSION APPROVAL WITH CONDITIONS OF REVISED
PLANS FOR EXPANSION AND REHABILITATION OF SINGLE FAMILY
RESIDENCE IN R-1D-LHP ZONE (37 Broadway - Daniel Sylvester). Mr.
Hamilton seconded. Carried by a vote of three ayes. Mr. Ferrito abstained and
Mr. Carlson was absent.
BUS LOADING ZONE N. SANTA CRUZ AVE.
Mrs. Benjamin moved for the adoption of Resolution No. 1987-127 entitled, BUS
LOADING ZONE N. SANTA CRUZ AVENUE. Mr. Hamilton seconded. Carried
by a vote of four ayes. Mr. Carlson was absent. This Resolution relocates the
bus stop from 147 N. Santa Cruz Avenue to 155 N. Santa Cruz Avenue with 60
feet of red curb.
STOP SIGN UNIVERSITY AVE. & ROBERTS RD.
Mrs. Benjamin moved for the adoption of resolution No. 1987-128 entitled,
VEHICULAR STOP A RESOLUTION DESIGNATING A FOUR WAY
VEHICULAR STOP AT THE INTERSECTION OF UNIVERSITY AVENUE WITH
ROBERTS ROAD. Mr. Hamilton seconded. Carried by a vote of three ayes. Mr.
Ferrito abstained and Mr. Carlson was absent.
VERBAL COMMUNICATIONS
Mrs. Rice, 150 Wooded View Drive, spoke on the traffic hazards on the curved
part of Shannon Road. Mrs. Benjamin requested a staff report.
APPEAL - 104 UNIVERSITY AVENUE
Mayor Ventura stated this was the time and place duly noted for continued public
hearing to reconsider the decision of Council in denying the appeal from Planning
Commission denial of request for approval of plans to convert additional
residential space to commercial retail or office area on property located in the C-
2 Zone. Property located at 104 University Avenue. Mr. Hamilton moved to
continue this item to November 2, 1987 for consideration by a full Council. Mr.
Ferrito seconded. Carried by a vote of four ayes. Mr. Carlson was absent.
APPEAL - 300 BLOSSOM HILL ROAD (Z-86-6)
Mayor Ventura stated this was the time and place duly noted for public hearing to
consider appeal of Planning Commission's denial of Zone Change Application Z-
86-6, a request for a change in zone from O, R-1:8,000 and RM:5-20 to RM:R-
20-PD in order to construct a 72 unit residential development on 10.2 acres of
property at the southwest corner of Blossom Hill Road and Roberts Road and the
denial of request for certification of a Draft Environmental Impact Report EIR-
851A. Property owners, Ed Nino and Vasona Hills Partnership. Que Naderzad
and Steve Saraydpout of Vasona Hills Partnership, presented Council with two
new site plans (Plan A and Plan B) and requested approval of Plan B. Mr.
Bowman, Planning Director, answered Council's questions. There were
questions from Council regarding subdivisions and Planned Developments. Mr.
Bowman stated this proposal would not qualify as a subdivision because some of
the lots are less than minimum lot size. Mrs. Benjamin feels the Town needs
single family homes moderately priced. No one else from the audience wished to
speak on this issue. Mr. Ferrito moved to close the public hearing. Mr. Hamilton
seconded. Carried by a vote of four ayes. Mr. Carlson was absent. Mr. Ferrito
moved to send this back to the DRC with the following proposals: 1) move this
project along quickly; 2) instruct staff that the entrance to Vasona Park be redone
by the developer and the entrance be signalized; 3) the overcrossing at Highway
17 and the Roberts Road Bridge improvement be deleted as a requirement of
the developer; and 4) indicate that the level of traffic generated for 32 single
family units plus the BMP units is accepted. Mrs. Benjamin seconded. She
agreed with all comments except the BMP units and feels this needs to be re-
examined before making a decision. Carried by a vote of three ayes. Mayor
Ventura voted no and Mr. Carlson was absent. Mayor Ventura voted no and Mr.
Carlson was absent. Mayor Ventura stated his reason for voting no was because
the Town is not addressing the traffic problems and traffic is being incrementally
increased. Mr. Ferrito added by discussing the Vasona entrance and the hwy 17
overcrossing and Roberts Road issues he did not mean to delete any of the other
issues discussed previously.
APPEAL - 404 UNIVERSITY AVENUE (SCOTT)
Mayor Ventura stated this was the time and place duly noted for public hearing to
consider the appeal of Planning Commission's denial of the demolition of an
existing single family residence and the construction of an office building in the O
(Office) Zone. Property owner, J & P Scott, Inc. at 404 University Avenue. Paul
Lamphere, Attorney for applicant, requested continuance of this item for
consideration by a full Council. Mr. Ferrito moved to continue this item to
November 16, 1987. Mrs. Benjamin seconded. Carried by a vote of four ayes.
Mr. Carlson was absent.
RECESS
Mayor Ventura declared a ten minute recess. The meeting reconvened at 9:25
p.m.
APPEAL - 219 MASSOL AVE.
Mayor Ventura stated this was the time and place duly noted for public hearing to
consider the appeal of Planning Commission's approval of plans to remodel and
construct a second story to an existing single family residence in the R-1D-LHP
Zone (S-87-23). Property located at 219 Massol Avenue. Owner Jack & Janet
Cook. Appellant, J. McManis. James McManis, 216 Glenridge Avenue,
appellant spoke in support of his appeal and feels the proposed remodeling is not
in keeping with the historic district and the Zoning Ordinance. Also speaking in
opposition to the project was Robert Kreb, 206 Glenridge Avenue. Preston Hill,
representing Mr. & Mrs. Cook; Jack Cook, property owner, presented Council
with revised plans and photographs; Janet Cook, property owner, stated she
went into the neighborhood and explained the plans; Dennis Burrow, Architect for
the project; Randy Attaway, 250 Glenridge; Mr. Patterson, 232 Massol Avenue;
Michael Schradle, property owner 228 Massol Avenue; Bella Goins, 224 Massol
Avenue; Karen Hack 155 Massol Avenue; and Genevieve Peacock, 231 Massol
Avenue al spoke in support of the remodeling. No one else from the audience
wished to speak on this issue. Mrs. Benjamin moved the public hearing be
closed. Mr. Hamilton seconded. Carried by a vote of four ayes. Mr. Carlson
was absent. There was further discussion by Council regarding size and height
of the house on the lot. The owner and architect to return to council with
modified plans showing less floor area and less height. Mrs. Benjamin moved to
continue this item to September 21, 1987. Mr. Ferrito seconded. Carried by a
vote of four ayes.
ZONING ORDINANCE AMENDMENT A-87-9
Mayor Ventura stated this was the time and place duly noted to consider Zoning
Ordinance Amendment A-87-9, consideration of amendment to the Town Zoning
Ordinance concerning uses permitted in the LM (Commercial-Industrial) Zone.
No one form the audience wished to speak on this issue. Mr. Ferrito moved to
close the public hearing. Mrs. Benjamin seconded. Carried by a vote of four
ayes. Mr. Carlson was absent. Mr. Ferrito made the finding that Zoning
Ordinance Amendment A-87-9 is consistent with the General Plan. Mrs.
Benjamin seconded. Carried by a vote of four ayes. Mr. Carlson was absent.
Mr. Ferrito moved to waive the reading for AN ORDINANCE OF THE TOWN OF
LOS GATOS CONSIDERING AMENDMENTS TO THE ZONING ORDINANCE
CONCERNING THE USES PERMITTED IN THE LM (COMMERCIAL-
INDUSTRIAL) ZONE. Mrs. Benjamin seconded. Carried by a vote of four ayes.
Mr. Carlson was absent. Deputy Clerk read the title of the Ordinance. Mr.
Ferrito moved the ordinance be introduced. Mrs. Benjamin seconded. Carried
by a vote of four ayes. Mr. Carlson was absent.
MINUTES AUGUST 3, 1987
Clerk to check tape for Mr. Hamilton's votes on the Parking Assessment District
Lawsuit (page 2) and the Police Chief Recruitment (page 3) of the August 3,
1987 minutes. Continued to the September 21, 1987 Council meeting.
MINUTES AUGUST 17, 1987
Mrs. Benjamin moved the minutes of August 17, 1987 be approved as submitted.
Mr. Hamilton seconded. Carried by a vote of three ayes. Mr. Ferrito abstained
and Mr. Carlson was absent.
TREASURER REPORT JULY 1987
Mayor Ventura noted the Council had received the Treasurer's report for the
month of July, 1987.
REQUEST FOR FUNDS - SISTER CITY COMMITTEE
Mrs. Benjamin moved to approve the request from the Sister Cities Committee
for additional allocation of $150.00 from the General Fund Appropriated reserve.
Mr. Hamilton seconded. Carried by a vote of three ayes. Mr. Ferrito voted no
and Mr. Carlson was absent. Dale Chambers, Sister City Chairman, spoke in
support of the request.
COUNTY REFERRALS BUILDING SITE APPLICATIONS
Mr. Ferrito moved to accept conceptual building plans when reviewing County
Referrals concerning Building Site Applications; and approval of application by
the County should be conditioned to require the plans for the Design Review
Application to be in compliance with the conceptual building plans. Mrs.
Benjamin seconded. Carried by a vote of four ayes. Mr. Carlson was absent.
RESOLUTION REMANDING TO PLAN COMM. 167 VILLA AVE. (TUZAR)
It was consensus of Council to return the resolution to staff for the following
corrections: 2a to read, "eliminate the driveway to Main Street, replacing it with
landscaping and add parking;" and correct 2b to read, "re-examine the
landscaping plan and add large growing trees that would allow visibility from
Main Street to the parking lot for surveillance purposes, eg. redwoods."
Continued to the September 21, 1987 Council meeting. Mr. Ferrito abstained
from this action.
PARKING PROHIBITION BELMONT AVENUE
This resolution prohibits parking on the northwesterly side of Belmont avenue
from the southwesterly property line of 207 Belmont Avenue to Ellenwood
avenue. Staff to return with report on the need to provide more parking near the
park and whether there is a valid reason for the parking prohibition. Continued to
the September 21, 1987 Council meeting.
APPEAL - 58 ALPINE AVENUE (LINCOLN)
Mr. Ferrito moved to continue the adoption of resolution regarding 58 Alpine
Avenue, Rosalie D. Lincoln until the September 21, 1987 Council meeting. Mrs.
Benjamin seconded. Carried by a vote of four ayes. Mr. Carlson was absent.
RUMBLE STRIPS JOHNSON AVENUE
Mrs. Benjamin moved to accept staff recommendation and abandon the plan to
install rumble strips on Johnson Avenue. Mr. Ferrito seconded. Carried by a
vote of four ayes. Mr. Carlson was absent.
CAPITAL IMPROV. PROJECT SARATOGA AVE. & L.G. BLVD.
Discussion was held regarding the possible Capital Improvement Project at
Saratoga Avenue and Los Gatos Boulevard and Saratoga Avenue. Mrs.
Benjamin requested the residents on Los Gatos Boulevard and the home and
school clubs at Van Meter and Fisher Schools be notified if action is taken. No
action was taken on the modification to Los Gatos Boulevard. It was consensus
of Council to have staff return with conceptual plan for an interchange on
Blossom Hill Road. Mrs. Benjamin was not in favor of the statement that staff
return with a conceptual plan for an interchange on Blossom Hill Road.
TRANSIENT OCCUPANCY TAX REVIEW
It was consensus of Council to continue this item to the September 21, 1987
Council meeting for consideration by the full Council.
FORMATION TOWN TALK, INC.
Mr. Ferrito moved to approve the formation of a non-profit corporation to
distribute educational material, and direct staff to prepare and sign all appropriate
documents. Mrs. Benjamin seconded. Carried by a vote of four ayes. Mr.
Carlson was absent.
LOS GATOS HIGH TENNIS COURT RESURFACING
Robert Bryant, Park Forestry and Maintenance Director, answered Council's
questions regarding the resurfacing of the Los Gatos High tennis court
resurfacing. It was consensus of Council to continue this item to the September
21, 1987 Council meeting.
FINANCIAL PROCEDURES & RECORDKEEPING
Report regarding recommendations for financial procedures and record keeping
from the Finance Committee. It was consensus of Council to continue this item
to September 21, 1987 for consideration by a full Council.
MODEL TOXIC GAS ORDINANCE
Council informational report regarding status report on the review of the Model
Toxic Gas Ordinance.
URGENCY ORD. RE NONCONFORMING SECTION OF ZONING ORD. FOR
PARKING IN DOWNTOWN
Report from staff regarding the Planning Commission's denial of amendments to
the Nonconforming Sections of the Zoning Ordinance concerning uses which
were formerly nonconforming as to parking in the C-2 Zone. It was consensus of
Council to continue this item to the September 21, 1987 Council meeting.
ADJOURNMENT
Mayor Ventura declared the meeting adjourned to an Executive Session on
September 14, 1987 at 5:00 p.m.
ATTEST:
Rebecca L. Yates
Sr. Deputy Clerk