M 02-01-88TOWN OF LOS GATOS CALIFORNIA
TOWN COUNCIL/PARKING AUTHORITY AGENDA
FEBRUARY 1, 1988
TOWN COUNCIL
The Town Council/Parking Authority met in the Council Chambers of the Town
Hall at 7:30 p.m. in regular session.
ROLL CALL
PRESENT:Thomas J. Ferrito, Robert L. Hamilton, Brent N. Ventura and
Mayor Eric D. Carlson.
ABSENT:Joanne Benjamin
PLEDGE OF ALLEGIANCE
Given by all in attendance.
COMMENDATIONS TO TOWN EMPLOYEES
Mayor Carlson presented Resolutions of Commendation to the following
employees for their years of service to the Town of Los Gatos:
Michael La Rocca, Maintenance Superintendent in the Parks, Forestry &
Maintenance Department, for 20 years of service; Muriel Hoile, Library Assistant
11, in the Library, for 20 years of service;
Wayne P. Saindon, Investigations Commander in the Police Department, for 20
years of service; and Robert H. Yamamoto, Design Drafter in the Engineering
Department, for 20 years of service.
Each of the employees also received a plaque from the Town. Mayor Carlson
announced that a reception was being held in honor of these employees in the
employees lounge.
CLOSED SESSION REPORT
Town Attorney Levinger stated Council had met in Closed Session at the close of
the January 19, 1988 Council meeting. At that time Council met to discuss a
personnel matter, pursuant to Government Code Section 54957. Compensation
for the new police chief was also discussed and will be reported under action
taken on item 17 of tonight's agenda. Prior to this evenings meeting, Council met
in Closed Session and pursuant to Government Code Section 54956.9 (a)
discussed pending litigations. First matter was Town of Los Gatos vs Vertical
Management Systems and there is no report at this time from that discussion.
Also discussed Town of Los Gatos vs Nogah Bethlahmy and determined that
they would refuse to retain defense Counsel for Mr. Bethlahmy in that action.
Council also met pursuant to Government Code Section 54956.9 (c) to discuss
several matters of institution of litigation. First matter was with regard to a zoning
violation of office use in an LM zone. There is no report on that discussion. Next
was a zoning violation of properties that are nonconforming as to parking outside
the C-2 zone and no report at this time. There is a related action regarding
nonconforming as to parking outside the C-2 zone on the Council agenda #34.
Finally Council discuss institution of litigation regarding Honeywell on the
Heating, Ventilation and the Cooling System and there is no report at this time.
APPOINTMENTS LOS GATOS PARKING COMMISSION
Mayor Carlson stated Council had received three applications for the two
vacancies on the Los Gatos Parking Commission. Applicants are William A.
Meyers, Charles E. DeFreitas and Joseph L. White. Council had interviewed Mr.
Meyers and Mr. White prior to tonight's Council meeting. Mr. DeFreitas was not
present for interviews. Voting was held whereby Mr. William A. Meyers and
Joseph White received the majority of votes and were appointed to the Los
Gatos Parking Commission and each will serve a four year term.
COMMUNICATIONS.
1. Letter from N. A. Frank regarding Forbes Mill bridge access from Old Town
being closed and locked at night.
2. Letter from Shalynn Price requesting approval to hold 10K jog-a-thon on
Sunday April 17, 1988.
Mr. Ventura moved both letters to be referred to the Town Manager for report
back to Council. Mr. Hamilton seconded. Carried by vote of four ayes. Mrs.
Benjamin was absent.
SCHEDULE OF PUBLIC HEARING
Informational report for Council on upcoming public hearings scheduled for future
meetings.
COUNTY REFERRALS
Mr. Ventura moved for approval of staff recommendations on County Referrals
as follows.
3453-29-41-88DR Gillette Dr. Sterling/Hickman Design review No comment.
3454-29-41-88DR Gillette Dr. Sterling/Hickman Design review No comment.
2020-38-30-83P-83A Summit Road LDS Church c/o Johnson Modification of
Arch. & Site Approval No comment.
Mr. Hamilton seconded. Carried by vote of four ayes. Mrs. Benjamin was
absent.
CALENDAR OF MEETINGS
Informational report for Council.
UNIFORM ALLOWANCE PAY JANUARY 22, 1988
Mr. Ventura moved for the approval of Uniform allowance payroll for January 22,
1988 in the amount of $8,145.05 and the payroll related warrants in the amount
of $526.98 an the January 29, 1988 payroll in the amount of $168,532.93 with
payroll related warrants in the amount of $109,286.63. Mr. Hamilton seconded.
Carried by vote of four ayes.
PLANNING MONTHLY REPORT
Information for Council
FAMILY FUN-RUN
Mr. Ventura moved to approve the request by the Los Gatos Elementary
Education Foundation to hold a 10-Kilometer race on Sunday, May 22, 1988,
subject to the following conditions:
1. Applicant to comply with safety requirements as established by the Police
Department.
2. Applicant shall be responsible for cleanliness of the race course route, to
include park facilities and public streets.
3. Applicant to provide one million dollar ($1,000,000) special event insurance
naming the Town as an additional insured and sign a Town Hold Harmless
Agreement prior to the event.
4. Applicant to set up meeting with Police Department personnel two weeks prior
to the event for coordination and to ensure compliance with the above.
5. Applicant to pay the cost of uniformed officers.
Mr. Hamilton seconded. Carried by vote of four ayes. Mrs. Benjamin was
absent.
CLAIM OF MARK PUCCINI
Mr. Ventura moved to reject the claim of Mark Puccini, as filed by attorney Jeffrey
D. Janoff. Mr. Hamilton seconded. Carried by vote of four ayes. Mrs. Benjamin
was absent.
CLAIM OF KELLY PATRICK
Mr.Ventura moved to reject the claim of Kelly Patrick, as filed by attorney Jeffrey
D. Janoff. Mr. Hamilton seconded. Carried by vote of four ayes. Mrs. Benjamin
was absent.
CLAIM OF DENNIS MATSON
Mr.Ventura moved to reject the claim of Dennis Matson, as filed by attorney
Jeffrey D. Janoff. Mr. Hamilton seconded. Carried by vote of four ayes. Mrs.
Benjamin was absent.
CLAIM OF CHRISTINE MC CRACKEN
Mr. Ventura moved to reject the claim of Christine McCraken, as filed by attorney
Jeffrey D. Janoff, Mr. Hamilton seconded. Carried by vote of four ayes. Mrs.
Benjamin was absent.
ABAG PLAN CORP. STATUS REPORT.
Informational report for Council on settlement of claims.
YOUTH ADVISORY COMMISSION ACTIVITIES
Mr.Ventura moved to approve the following actions proposed by the Youth
Advisory Commission (YAC)
Implementation of the Community Service Award; and the donation letter for
YAC Activities; and
Council refer the Commission's request to use Oak Mellow Park, for an Outdoor
Concert on May 1, 1988 to staff for response. Mr. Hamilton seconded. Carried
by vote of four ayes. Mrs. Benjamin was absent.
REPORT ON STOP SIGNS AT ROBERTS RD. & UNIVERSITY
Informational report requested by Council for a four month review. Engineering
department will continue to monitor this intersection.
MANAGEMENT PLAN 87/88- 88/89
Mr.Ventura moved for the adoption of Resolution No. 1988-28 entitled,
RESOLUTION REVISING MANAGEMENT PERFORMANCE AND
COMPENSATION PLAN FOR THE TOWN OF LOS GATOS (FY 1987-88/88-
89). It was noted the appointment of the new Police Chief requires the
amendment to this plan. No other revisions have been made. Mr. Hamilton
seconded. Carried by vote of four ayes. Mrs. Benjamin was absent.
RESIGNATION OF B. SPECTOR
Mr.Ventura moved to accept Barbara Spector's letter of resignation from the
Planning Commission and requested Clerk to advertise for this vacancy. Mr.
Hamilton seconded. Carried by vote of four ayes. Mrs. Benjamin was absent.
COMMENDATION BARBARA SPECTOR
Mr. Ventura moved for adoption of Resolution No. 1988-29 entitled, A
RESOLUTION COMMENDING BARBARA SECTOR for her service as a
member of the Planning Commission since May 1980. Mr. Hamilton seconded.
Carried by vote of four ayes. Mrs. Benjamin was absent.
WEEDS DECLARED A NUISANCE
Mr. Ventura moved for the adoption of Resolution No. 1988-30 entitled, A
RESOLUTION DECLARING WEEDS A PUBLIC NUISANCE AND PROVIDING
FOR THEIR ABATEMENT AND SETTING A PUBLIC HEARING IN ORDER TO
HEAR PROTEST. Hearing is scheduled for March 7, 1988. Mr. Hamilton
seconded. Carried by vote of four ayes. Mrs. Benjamin was absent.
TELECOMMUNICATIONS CONSULTING SERV.
Mr. Ventura moved for the adoption of Resolution No.1988-31 entitled,
RESOLUTION AUTHORIZING THE TOWN MANAGER TO EXECUTE A
CONTRACT WITH COMMUNICATIONS SALES DYNAMICS FOR
TELECOMMUNICATIONS CONSULTING SERVICES. Mr. Hamilton seconded.
Carried by vote of three ayes. Mrs. Benjamin was absent and Mayor Carlson
abstained.
TEMPORARY EMPLOYEES SALARIES 87-88
Mr.Ventura moved for the adoption of Resolution No. 1988-32 entitled, a
RESOLUTION SETTING TEMPORARY EMPLOYEE SALARIES FOR FISCAL
YEAR 1987-88. Mr. Hamilton seconded. Carried by vote of four ayes. Mrs.
Benjamin was absent.
COMMENDATION JOHN SCHMUCK
Mr. Ventura moved for the adoption of Resolution No. 1988-33 entitled, A
RESOLUTION OF THE TOWN OF LOS GATOS COMMENDING JOHN
SCHMUCK FOR 34 YEARS SERVICE WITH THE TOWN OF LOS GATOS. mr.
Hamilton seconded. Carried by vote of four ayes. Mrs. Benjamin was absent.
APPEAL - 208 BACHMAN AVENUE
Mr. Ventura moved for the adoption of Resolution No. 1988-34 entitled,
RESOLUTION REMANDING TO PLANNING COMMISSION THE APPEAL OF
PLANNING COMMISSION DENIAL OF REQUEST TO ENCLOSE AN EXISTING
DETACHED REFRIGERATION UNIT FOR A COMMERCIAL BUILDING IN THE
C-2 ZONE (108 BACHMAN AVENUE - C.B. HANNEGAN'S. Mr. Hamilton
seconded. Carried by vote of three ayes. Mayor Carlson abstained and Mrs.
Benjamin was absent.
APPEAL - ELEANOR NILSSON AT 720 UNIVERSITY AVE.
Mayor Carlson stated this was the time and place duly noted for continued public
hearing to consider the appeal of Planning Commission's revoking all existing
approvals for the use of the property at 720 University Avenue. Architecture and
Site Application S-75-50 and S-75-50A. Property located at 720 University
Avenue and owned by Eleanor Nilsson. Planning Director Lee Bowman reported
that no action can be taken on this issue and recommends this be dropped from
the agenda and refer to Town Attorney for appropriate legal action, if necessary.
Speaking from the audience was Attorney George Tobin, representing Eleanor
Nilsson, stating he feels Council should grant the appeal - make the finding that
the accusation made by the Planning Commission is completely unfounded.
That an appropriate dismissal of this proceeding should be made by Planning
Commission on remand by this Council for Planning Commission action. Mr.
Tobin answered questions of Council. There being no one else from the
audience wishing to speak on this issue, Mr. Ventura moved public hearing be
closed. Mr. Ferrito seconded. Carried by vote of four ayes. Mrs. Benjamin was
absent. Mr. Bowman answered questions of Council re removal of the trailers
that are being used for storage. After further discussion, Mr. Ferrito moved to
deny the appeal as cannot see where Planning erred. Mr. Ventura seconded
with amendment to motion by adding the finding, that the issue was that the
matter for the appeal was, in essence, mute. Mr. Ferrito accepted the
amendment. Motion carried by vote of three ayes. Mr. Hamilton voting no and
Mrs. Benjamin was absent. Discussion was held with regards to other
businesses having storage on site and it was consensus of Council to refer this
matter to staff for investigation of the allegations that were made by Mr. Tobin,
with report back to Council at a later date. Letter to be sent to Ms. Nilsson
rescinding the action letter dated and sent October 19, 1987. Town Attorney to
prepare the appropriate Resolution and present for Council consideration at the
next regular Council meeting.
APPEAL - GENERAL PLAN AMENDMENT GP-87-3
Mayor Carlson stated this was the time and place duly noted for continued public
hearing to consider an appeal of Planning Commission's denial of General Plan
Amendment GP-87-3 an amendment to the Los Gatos General Plan concerning
the use of property located on the west side of Miles Avenue adjacent to and
north of the Town Corporation Yard from medium Density Residential to Service
Commercial. Property owned by H. Eugene Smith. Speaking on the issue was
owner Eugene Smith, requesting that the property be rezoned to LM as the
property is unsuitable for residential development. If this property were rezoned
to LM, Mr. Smith would be willing to give a deed restriction to the Town for a use
that would not generate more than a specific number of trips per day. Discussion
was held on Town Policy re critical intersections and the need for General Plan
Amendment that would generate fewer trips than residential. Mr. Bowman
answered questions of Council, stating the lot is a nonconforming lot and will be
limited to the minimum development. There being no one else from the audience
wishing to speak on this issue. Mr.Ferrito moved public hearing be closed. Mr.
Hamilton seconded. Carried by vote of four ayes. Mrs. Benjamin was absent.
Mr. Ventura feels if the consensus of Council is to reconsider the General Plan
designation, Council defer action at this time and encourage Mr. Smith to come
forward with a zone change and General Plan designation applications so
Council can look at it as a package. If Council changes the designation to LM
the property could be sold and an R and D office would be permitted under the
changed General Plan designation. Discussion was held on zoning in the basin
area and the possible amendment to the General Plan so a low intensity
commercial or storage use could be put there which would generate fewer trips
than residential. Discussion was held on zoning in the area and the study that
had gone into the current zoning. Mr. Ventura then moved to refer this back to
Planning Commission for reconsideration of General Plan Land Use designation
for the Miles Avenue Basin Area including Mr. Smith's property. Mr. Carlson
seconded with amendment that traffic caps be put on each property. Mr. Ventura
stated he would have Planning Commission look at that. Carried by vote of four
ayes. Mrs. Benjamin was absent. Town Attorney to prepare appropriate
Resolution and present for Council consideration at the next meeting.
MINUTES OF JANUARY 19, 1988
Mr. Ferrito moved for the approval of Council minutes of January 19, 1988 as
submitted. Mr. Hamilton seconded. Carried by vote of four ayes. Mrs. Benjamin
was absent.
TREASURERS REPORT
Mayor Carlson noted Council had received the Treasurer's report for the month
of December 1987. Town Manager stated this had not met the time schedule to
be placed on this agenda and would be agendized for the next meeting.
STATUS REPORT ON CODE VIOLATIONS
Informational report from Town Attorney in answer to Council's request on items
from the last report re code enforcements. It was consensus of Council to have
Town Attorney report back each month re status of violations at 16203 Los Gatos
Blvd; 529 N. Santa Cruz Avenue; 124 Wilder Avenue and any other new
violations.
CANCELLATION OF WILLIAMSON ACT CONTRACT AT 14720 BLOSSOM
HILL ROAD
Mayor Carlson explained this agenda item is before Council in answer to a verbal
communication that was given at the last Council meeting whereby a request
was made re cancellation of Williamson Act contract at 14720 Blossom Hill Road.
Mr. Bowman gave a summary report on recommendations made by staff and the
reasons behind the recommendations. Mayor Carlson stated this was not a
hearing but would take testimony of any one wishing to speak on this issue.
Speaking against anything being built on said property and the wish to keep it
open space were, Shirley Wimmer, Kathy Polen, Shawn Kelley, Lyle Chambers,
and Robert Petrokas. John Thompson from Cornish and Carey answered
questions re cost of the property. Also speaking in favor of the request was Mr.
Bob Saxe, Attorney representing the Church; Lynn Shirtlift, Official representative
of the Church of Jesus Christ of Later Day Saint. Other persons speaking were
Randall Mackley; Shelly Potter and Dr. Vahamaki. Discussion was held on lack
of available property that would suit the needs of the Church. It was explained
how this church facility would be used. Discussion was held re vacant land in
other areas. Council stated there were some school properties that might be
available in the near future. Mr. Chambers stated the person to contact
regarding Union School Buildings, which may be available soon, would be Ruth
Penska. It was determined by Council that they can give no decision of this
request as Council does have a policy to reserve open space. There is a
process that any one would have to follow if and when they would file for a
cancellation of the Williamson Act which would entail a schedule of public
hearings and if that came about, everyone within three hundred feet would be
noticed.
BLOSSOM HILL RD. RETAINING WALL PROJECT 8710
Informational report for Council.
AMENDMENT TO AGENDA FORMAT
Discussion was held on the proposed Resolution re amending the agenda
procedure in an effort to facilitate the Council's ability to consider all items on the
agenda, to limit the public hearing portion of the agenda to five (5) public
hearings. It was consensus of Council not to limit the number of public hearings
and use their discretion in the handling of lenghty agenda's and hearings.
LIMIT WEIGHT OF VEHICLES ON HIGHWAYS
Mr. Ventura moved for the adoption of resolution No. 1988-35 entitled,
RESOLUTION ENCOURAGING THE BOARD OF SUPERVISORS OF SANTA
CLARA COUNTY TO SUBMIT AN ORDINANCE TO THE DEPARTMENT OF
TRANSPORTATION WHICH WOULD IMPOSE A MAXIMUM GROSS WEIGHT
LIMIT OF 9,000 POUNDS FOR ANY MOTOR VEHICLE (OTHER THAN
PASSENGER BUSES, RECREATIONAL VEHICLES, AND UTILITY VEHICLES
WITH BUSINESS ALONG THE CORRIDOR) ON ROUTE 85 FROM STATE
HIGHWAY 280 IN CURPERTINO TO STATE HIGHWAY ROUTE 101 IN SAN
JOSE. Mr. Ferrito seconded. Carried by a vote of three ayes. Mr. Hamilton
voting no and Mrs. Benjamin was absent.
APPEAL - FRANZA 828 LILAC WAY
Mr. Ferrito moved for the adoption of Resolution No. 1988-36 RESOLUTION
DENYING APPEAL OF PLANNING COMMISSION DENIAL OF A REQUEST
FOR TREE REMOVAL IN THE R-1:8000 ZONE (828 LILAC WAY STEVEN &
KAREN FRANZA). Mr. Ventura seconded. Carried by vote of three ayes. Mr.
Hamilton voting no. Mrs. Benjamin was absent. Mayor was authorized to send a
letter to Mr.& Mrs. Franza explaining Council's process with regard to said
appeal. Mr. Hamilton favored sending the letter but opposed action on the
adoption of the Resolution.
AMENDMENT TO TOWN CODE RE DESIGNATION OF HOLIDAYS FOR
TIME LIMIT PARKING
Mr. Ferrito moved to waive the reading for AN ORDINANCE AMENDING
CHAPTER 16 OF THE TOWN CODE RELATING TO DESIGNATION OF
HOLIDAYS FOR THE PURPOSE OF TIME LIMIT PARKING (This will bring time
limit parking enforcement into compliance with the popular concept of state and
national holidays). Mr.Ventura seconded. Carried by vote of four ayes. Mrs.
Benjamin was absent. Town Clerk read title of Ordinance. Mr. Ferrito moved for
introduction of the Ordinance. Mr. Ventura seconded. Carried by vote of four
ayes. Mrs. Benjamin was absent.
AMENDMENT TO ZONING ORDINANCE RE TRAFFIC IMPACTS
Mr. Hamilton moved to continue the adoption of AN ORDINANCE OF THE
TOWN OF LOS GATOS AMENDING THE ZONING ORDINANCE RELATING
TO TRAFFIC IMPACTS, to February 16, 1988 due to the lack of a full Council.
Mr. Ventura seconded. Motion carried by vote of four ayes. Mrs. Benjamin was
absent.
URGENCY ORDINANCE EXTENDING NONCONFORMING STATUS FOR
PROPERTIES OUT-SIDE C-2 ZONE.
Mr. Ventura moved to accept staff recommendation and review the draft urgency
interim zoning ordinance; instruct the Town Clerk to set this for public hearing on
March 7, 1988 for consideration of introducing and adopting said ordinance;
direct the Planning Commission and Parking Commission to study the possibility
of amending the Downtown Specific Plan and developing additional solutions to
resolve the Parking deficiencies in the Study area. Mr. carlson seconded.
Carried by a vote of three ayes. Mr. Ferrito voting no and Mrs. Benjamin was
absent.
AMENDMENT TO TOWN CODE SECTION 2-7, 2-7.1 AND 2-10.4
Mayor Carlson stated in review of the proposed Ordinance as presented there
were changes he proposed to make. One would be to add to page 3 the
following:
(f) Director of Finance should be responsible for preparing a financial policy
procedure manual for use by all Town employees; and
(g) Director of Finance be responsible for presenting a monthly cash flow
forecast, to the Treasurer, on a quarterly basis. Mr. Ventura asked for change to
page 1, section (c) 1 (a) to be reworded and not refer to limit of deposit but reflect
the State Law Code Section, ad reword (c) 1 (b).
Staff to rewrite the Ordinance to include Council suggestions and be brought
back for Council consideration at a the next regular meeting.
ADJOURNMENT
Mr. Hamilton moved meeting be adjourned at 10:10 p.m., to Closed Session
scheduled for 78:00 p.m., on February 8, 1988 to discuss, pursuant to
Government Code Section 54956.9 (a) the litigation of Farwell vs Town.
Mr.Ventura seconded. Carried by vote of four ayes. Mrs. Benjamin was absent.
ATTEST:
Rose E. Aldag
Town Clerk