M 01-19-88TOWN OF LOS GATOS CALIFORNIA
TOWN COUNCIL/PARKING AUTHORITY AGENDA
JANUARY 19, 1988
COUNCIL MEETING
The Town Council/Parking Authority of the Town of Los Gatos met in the Council
Chambers of the Town Hall at 7:40 p.m., in regular session.
ROLL CALL
PRESENT:Thomas J. Ferrito, Robert L. Hamilton, Brent N.Ventura and
Vice-Mayor Joanne Benjamin.
ABSENT:Mayor Eric D. Carlson.
PLEDGE OF ALLEGIANCE
Given by all in attendance
COMMENDATIONS
Vice-Mayor Benjamin presented Resolution of Commendations to Centennial
Incorporated Volunteers. Chairmen of the various committees accepted
commendations. Committees receiving commendations are as follows:
Publicity Committee - Chairperson, Chatham Forbes.
Special Events Committee - Chairperson, Nicole Clapp
Centennial Pageant - Chairperson, Kathy Morgan
Communications Committee - Chairperson, Kathy Tuttle
Fund Raising Committee - Chairperson, Emma Vargo
Historical Advisory Committee - Chairperson, Martin McCormick.
Steering Committee - Chairperson, Kathy Tuttle
Executive Board - This is the governing body for entire agency and Bud
Christensen, Vice President accepted the Commendation.
Each individual serving on the above boards and committee received a
Resolution of Commendation.
Vice-Mayor Benjamin presented a resolution of Commendation to the Los Gatos
School System, for their help and support of the Centennial Year Celebration.
Mr. Steve Benbow, Superintendent of the Los Gatos Elementary School System
accepted the Commendation.
Vice-Mayor Benjamin presented a Resolution of Commendation to Mike Luna for
his achievement of attaining the rank of Eagle Scout.
CLOSED SESSION REPORT
Attorney Mary Jo Levinger stated Council had met in Closed Session on
Thursday, January 14, 1988 at 6:30 p.m. and pursuant to Government Code
Section 54956.9 (a) discussed pending litigation re Farwell vs Town of Los
Gatos. The purpose of that discussion was to formulate a response to letter from
the Chamber of Commerce concerning a settlement proposal with regard to the
Parking District. A letter was sent to the Chamber of Commerce and copies
made available to the Press on Friday, January 15, 1988. That is the report from
that closed session.
Attorney Levinger stated Council had met in Closed Session prior to tonight's
Council meeting to discuss institution of litigation re: zoning violation -
nonconformance with parking regulations outside C-2 zone, pursuant to
Government Code Section 54956.9 (c). There is nothing to report from that
discussion.
BID AWARD POLICE MOTORCYCLE
It was noted two bids had been received in response for bids for the purchase of
one motorcycle. Received was bid from Golden State Harley Davidson in the
amount of $6,825.04 and bid from Onstal Corporation in the amount of
$9,051.13. Mr. Ferrito moved to accept staff recommendation and award the bid
to Golden State Harley Davidson in the amount of $6,825.04 which includes tax
and dealer set-up charges. Additionally, authorize purchase of a four year
extended warranty in the amount of $195.00. Mr. Hamilton seconded. Carried
by vote of four ayes. Mayor Carlson was absent.
SCHEDULE OF PUBLIC HEARINGS
Information for Council on upcoming public hearings that have been scheduled.
SAN JOSE REFERRAL
Mr. Ventura moved to accept staff recommendation on San Jose Referral as
follows:
PDC 87-12-100 Guadalupe Rubbish Disposal Co. Property Coordinator - Ray
Hashimoto. Preliminary concerns of the Town are as follows:
1.The Environmental Impact report should be reviewed by the Town.
2.The property line shown on the plans does not match the City boundary
line, resulting in part of the property in the City and part in the County.
3.View of the facility from residences in the Los Gatos hill area is of major
concern.
4.Any annexation of the property should include a condition that Los Gatos
is guaranteed "grandfather" rights to dispose of Town waste at the landfill. This
right should be guaranteed for the existing Guadalupe and any expansion,
whether or not the property is annexed.
5.The annexation should also include a provision that, based on the Town's
long-term use of the facility, the new business license tax charged by San Jose
at landfill sites would either:
a. Not apply to Los Gatos because of our "grandfather" rights to
the facility, or
b. not apply to the existing Guadalupe facility but only to the
expansion when the expanded area is actually used for disposal.
Mr. Hamilton seconded. Carried by vote of four ayes. Mayor Carlson was
absent.
CODE ENFORCEMENT REPORT
Informational quarterly report for Council from the code compliance officer for the
second quarter 10-1-87 through 12-31-87. Some discussion was held re items 1,
2, 4 and 5. Council directed the Town Attorney to prepare a report as to
progress on these items and present to Council by the next meeting.
APPOINTMENTS STUDENT PARK COMMISSIONERS
Nancy Toombs, member of the Parks Commission spoke on the process of
interviews held for the three applicants applying for student Park Commissioner.
She stated after being interviewed by the Park Commission Interview Committee,
that the Park Commission recommends the appointment of Paul Grewal and
Mark Millen to serve as Student Park Commissioners for a one year term. Mr.
Ventura moved for the appointment of Paul Grewall as Student Park
Commissioners for a one year term. Mr. Hamilton seconded.
Carried by vote of four ayes. Mayor Carlson was absent. Mr. Ferrito suggested
that Council be informed when any vacancies come up on any of the boards and
commissions.
SECONDARY DWELLING UNITS
Information report for Council.
ANNUAL SCHEDULE COUNCIL MEETINGS
Mr. Ventura moved to approve the revised Council meeting schedule to
incorporate Route 85 freeway agreement discussions and February 8th be
preserved for a Council workshop if staff and the Traffic Authority are ready to
proceed. Mr. Hamilton seconded. Carried by vote of four ayes. Mayor Carlson
was absent.
MONTHLY CALENDAR OF MEETINGS
Information for Council that the meeting calendar for January has been revised to
include the January 25th, 1988 neighborhood meeting to be held at Blossom Hill
School.
PAYROLL JANUARY 15, 1988
Mr. Ventura moved for approval of the January 15, 1988 payroll in the amount of
$169,657.46 and payroll related warrants in the amount of $123,900.93. Mr.
Hamilton seconded. Carried by vote of four ayes. Mayor Carlson was absent.
ACCOUNTS PAYABLE DECEMBER 1987
Mr. Ventura moved for the approval of the accounts payable for the month of
December, 1987 in the amount of $107,474.90. Mr. Hamilton seconded. Carried
by vote of four ayes. Mayor Carlson was absent.
SETTLEMENT OF CLAIMS - ABAG PLAN
Informational report for Council and Town Manager recommends the
continuance of this issue so she can provide further information four Council. So
ordered.
CLAIM OF MICHAEL WILLIAMSON
Mr. Ventura moved to accept staff recommendation and reject the claim of
Michael Williamson and Los Gatos Nissan/Volvo. Mr. Hamilton seconded.
Carried by vote of four ayes. Mayor Carlson was absent.
REJECTION OF CLAIM BY LOS GATOS SARATOGA HIGH SCHOOL
Mr. Ventura moved to accept staff recommendation and reject the claim for
indemnity by the Los Gatos-Saratoga High School District. Mr. Hamilton
seconded. Carried by vote of four ayes. Mayor Carlson was absent.
SCHOOL DISTRICT DEVELOPMENT FEES
Informational report for Council.
IMPROVEMENTS IN PUBLIC RT-O-WY
Mr. Ventura moved Council reaffirm existing Town policy that property owners
are responsible for maintenance and improvements made within parkway strips
and direct staff to return with a definite policy. Mr. Hamilton seconded. Carried
by vote of four ayes. Mayor Carlson was absent.
AB 937 (COND'T)
Mr. Ventura moved to direct staff to prepare a zoning Ordinance amendment
effective January 1, 1989 to rescind the prohibition regarding the sales of
alcoholic beverages at service stations (Section 1.00.080) and add this
prohibition to the General Plan as part of the first set of General Plan
Amendments for 1988. Mr. Hamilton seconded. Carried by vote of four ayes.
Mayor Carlson was absent. Mr. Bowman answered questions of Council stating
this action will keep the Town in full compliance with State law.
MASLESA PROPERTY REZONING (KENNEDY & FORRESTER RD.)
Mr.Ventura moved to refer this issue to the Planning Commission for
recommendation of a zone change for said property. Mr. Hamilton seconded.
Carried by vote of four ayes. Mayor Carlson was absent.
AGREEMENT WITH ESA FOR TRAFFIC STUDY - 666 UNIV.
Mr. Ventura moved for the adoption of Resolution No. 1988-23 entitled
RESOLUTION AUTHORIZING THE TOWN MANAGER TO EXECUTE A
CONTRACT WITH THE FIRM OF ESA, PLANNING AND ENVIRONMENTAL
SERVICES, FOR THE PURPOSE OF DEVELOPING A TRAFFIC STUDY FOR
A REQUESTED OFFICE BUILDING EXPANSION AT 666 UNIVERSITY
AVENUE. Mr. Hamilton seconded. Carried by vote of four ayes. Mayor Carlson
was absent.
APPEAL OF ZUCCONI AT 100 N. SANTA CRUZ
Mr. Ventura moved for the adoption of Resolution No. 1988-24 entitled,
RESOLUTION GRANTING APPEAL OF PLANNING COMMISSION DENIAL OF
ONE YEAR TIME EXTENSION FOR CONSTRUCTION OF COMMERCIAL
BUILDING IN THE C-2 ZONE. Mr. Hamilton seconded. Carried by vote of four
ayes. Mayor Carlson was absent.
READOPTION OF ZONING MAPS
Mr. Ventura moved for the adoption of Ordinance No. 1742 entitled, AN
ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONING
ORDINANCE EFFECTING ZONE CHANGE NO. 80 READOPTING THE
ZONING MAPS. Mr. Hamilton seconded. Carried by vote of four ayes. Mayor
Carlson was absent.
APPEAL - FRANZA 828 LILAC WAY
Vice-Mayor Benjamin stated this was the time and place duly noted for public
hearing to consider an appeal of Planning Commission's denial of request to
remove two protected trees on property in the R-1:8000 zone. Property located
at 828 Lilac Way and owned by Steven Franza. It was noted a letter has been
received from the owner S. Franza, requesting that this issue not be agendized
an one tree has been removed and the other two trees had been pruned as per
directions of the Planning Commission. There being no one 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. Mayor Carlson was absent.
Discussion was held as to whether trees had been pruned properly. After this
discussion Mr. Ventura moved to deny the appeal. Mr. Ferrito seconded.
Carried by vote of three ayes. Mr. Hamilton voted no and Mayor Carlson was
absent. Town Attorney directed to prepare the appropriate Resolution and
present for Council consideration at the next meeting.
APPEAL - 208 BACHMAN AVENUE C.B. HANNEGAN'S
Vice-Mayor Benjamin stated this was the time and place duly noted for public
hearing to consider an appeal of Planning Commission denial of a request for
permission to enclose an existing detached refrigeration unit for a commercial
building in the C-2 zone. Property owned by B. Millen and business owned by
Chris Benson. Property is located at 208 Bachman Avenue. Attorney Randall
Reedy representing C.B. Hannegan's spoke in favor of the request for remanding
this back to the Development Review Committee and Planning Commission.
There being no one else from the audience wishing to speak on this issue, Mr.
Ventura moved to close the public hearing. Mr. Hamilton seconded. Carried by
vote of four ayes. Mayor Carlson was absent. After further discussion Mr.
Hamilton moved to remand this back to the Planning Commission and
Development Review Committee so that plans can be revised to meet the Towns'
concerns. Mr. Ventura seconded. Carried by vote of four ayes. Mayor Carlson
was absent. Attorney to prepare appropriate resolution and present it for Council
consideration at he next Council meeting.
TRAFFIC & PARKING IN RESIDENTIAL AREA NEAR FISHER & LOUISE VAN
METER SCHOOLS
Vice-Mayor Benjamin stated this was the time and place to consider the problem
of traffic and parking in residential area surrounding Fisher Jr. High School and
Louise Van Meter School. Letter was received from Ron Kliesch pointing out
various problems and recommendations for resolving same. Speaking to this
issue was Fred Klepinger, 500 Nino Avenue, who favored Mr. Ventura's
suggestion of preferential parking in the area; Gene Goldberg, Director of
Recreation, stated Recreation Department has met and notified leagues of
problems; flyers have been used by league personnel and the Recreation Dept.
is working with the leagues at all times. Mr. Ferrito asked that staff explore the
possibility of the leagues to allocate some money and the Town to do the same
and pay for the restriping of the parking lot. Other speaking on the problem was
Molly Faria; Jim Barth; Tom Connelly; Joan Higgin; Tom Pope; Mary Simas; Bob
Jones; Dan Handry; Charlotte Nickson and Steve Benbow, Superintendent of the
Los Gatos School District. Mr. Benbow stated he would like to go on record and
suggests this be a joint venture in investigating possibility of finding more fields to
handle the growth increase of leagues. After further discussion, Mr. Ventura
moved to refer this back to staff for investigation of installation of a stop sign as
requested; staff report re possible preferential parking in the area and address
the issue of Town contribution on cost of restriping; look for other property that
could possibly be used for playing fields for various leagues and continue this
hearing re traffic issue, to February 16, 1988. This also be referred to Park
Commission for input and recommendations. Mr. Ferrito seconded. Carried by
vote of four ayes. Mayor Carlson was absent.
APPEAL - 644 UNIV. A. DIMITROPOULUS
Vice-Mayor Benjamin stated this was the time and place duly noted for public
hearing to consider the appeal of the Planning commission's denial of a request
for approval to construct and operate an auto repair facility on property in the LM
zone. Property located at 644 University Avenue and owned by Adel & Angelo
Dimitropoulus. Appellant Angelo Dimitropoulus spoke on the request and his
letter requesting continuance of this hearing to February 16, 1988 to allow him
more time to present further information. Mr. Hamilton moved to grant the
request and continue the public hearing to February 16, 1988. Mr. Ferrito
seconded. Carried by vote of four ayes. Mayor Carlson was absent.
APPEAL - 37 BROADWAY SYLVESTER
Vice-Mayor Benjamin stated this was the time and place duly noted for public
hearing to consider the appeal of the Planning Commission's denial of request for
approval of revised plans for the addition to a two story garage structure and
reduction of required side yard setback and width of garage int he R-1D-LHP
zone. Property owned by Daniel Sylvester and located at 37 Broadway.
Speaking on the appeal were Daniel and Linda Sylvester. stating they had met all
conditions applied by the Planning Commission and the Sylvester's attempt to
conform to all rules and regulations. Discussion was held as to additions to the
granny unit. It was noted by the Sylvester's there will be no changes to granny
unit only to the main house. Mr. Ferrito stated that on the basis of new plans
submitted maybe this should be remanded to the Planning Commission. Mr.
Bowman answered questions of Council stating that the Commission denied the
application on the basis that the required findings for the variance could not be
made and because the addition to the secondary unit is in violation of the Town's
zoning ordinance. After further discussion and there being no one from the
audience wishing to speak on this issue, Mr. Ventura moved to closed the public
hearing. Mr. Hamilton seconded. Carried by vote of four ayes. Mayor Carlson
was absent. Mr.Ventura moved to continue the public hearing and by
consensus, indicate that the variance application for the intrusion of side yard set
back and the width of the garage, that a special circumstance exists. Council
could support that, but refer the issue of the storage are and consistency with the
secondary unit ordinance, re possible additions, be sent back to Development
Review Committee and give applicant opportunity to submit new plans and report
back on March 21, 1988. Mr. Hamilton seconded. Carried vote of three ayes.
Mr. Ferrito voting no and Mayor Carlson was absent.
COUNTY VECTOR CONTROL FORMATION
Vice-mayor Benjamin stated this was the time and place duly noted for public
hearing to consider the participation in the proposed formation and funding of a
county-wide Vector Control District.
The Town Manager stated a representative from the County is present to answer
any questions of Council. There being no one from the audience wishing to
speak on this issue, Mr. Ventura moved to close the public hearing. Mr. Ferrito
seconded. Carried by vote of four ayes. Mayor Carlson was absent. Mr. Ferrito
moved for the adoption of resolution No. 1988-25 entitled, A RESOLUTION OF
THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DECLARING THAT
THE BOUNDARIES ENCOMPASSING THE TOWN OF LOS GATOS SHALL BE
INCLUDED WITHIN THE SANTA CLARA COUNTY VECTOR CONTROL
DISTRICT. Mr. Ventura seconded. Carried by vote of four ayes. Mayor Carlson
was absent.
FEES FOR DRIVING UNDER THE INFLUENCE
Vice-Mayor Benjamin stated this was the time and place duly noted for public
hearing to consider the establishing a fee for the response and investigation of
collisions caused by drinking drivers. Speaking from the audience was Will
Lindsey, whereby Town Manager answered questions of Mr. Lindsey. Mr. Ferrito
spoke of his concerns of driving under the influence as feels fees should be
charged whether or not there is an accident. Mr. Lindsey agreed with Mr. Ferrito.
There being no one else in the audience wishing to speak on this issue, Mr.
Hamilton moved hearing be closed. Mr. Ferrito seconded. Carried by vote of
four ayes. Mayor Carlson was absent. Discussion was held on amending the
Resolution as proposed. First paragraph beginning with Whereas, should be
amended by deleting "drinking drivers and drinking related incidents" and
replacing it with "persons driving under the influence of alcoholic beverages and/
or drugs". Second paragraph beginning with Whereas be amended by deleting
"of collisions caused by drinking" and replace with "caused by these". Mr. Ferrito
moved for the adoption of Resolution as amended. Mr. Ventura seconded.
Carried by vote of four ayes. Mayor Carlson was absent. Mr. Ventura moved to
rescind adoption of the Resolution as amended as it is not consistent with
statutory language. Mr. Ferrito seconded. Carried by vote of four ayes. Mayor
Carlson was absent. Mr. Ventura suggested amendment to lst paragraph
beginning with resolved by deleting "drinking driver related collisions" and
replace with "person driving under the influence". Next line under this paragraph
to read "Emergency responses caused by drinking drivers". Resolution was
rewritten with all amendments as stated above included. Mr. Ventura moved for
the adoption of resolution No. 1988-26 entitled, A RESOLUTION OF THE TOWN
COUNCIL OF THE TOWN OF LOS GATOS ESTABLISHING A SCHEDULE OF
FEES FOR CERTAIN POLICE DEPARTMENT SERVICES AND RESCINDING
RESOLUTION NO. 1983-126. Mr. ferrito seconded. Carried by vote of four ayes.
Mayor Carlson was absent.
MINUTES OF JANUARY 4, 1988
Mrs. Benjamin stated there was a correction to be made on page 5, line 7 from
the top of page - delete the second word of that line "payment" and add "plan".
Mr. Ventura moved to approve the minutes as corrected. Mr. Ferrito seconded.
Carried by vote of four ayes. Mayor Carlson was absent.
VISTA DEL MONTE SPEED CONTROL
Discussion was held on the request for installation of traffic control devices on
Vista del Monte. Speaking from the audience was Carol Lewis who had some
suggestions for trying to solve or control speeding problems in the area. Other
residents speaking on this issue was: Don Drexel; Ardith Sams; Emery Cook; Jim
Baker; Sandy Bain; Sally Magee; Ralph DiTullio; Will Lindsey; Mark Burnside;
Steve Clarke; Don Berticvich and Douglas Pulley. Some suggestions were to
close Spreckles Avenue; trim hedges on curves and corners, and have more
police enforcement in the area at certain peak hours. After further discussion Mr.
Ventura moved to accept staff recommendation and paint a double yellow center
line and two-way yellow reflective pavement markers around the curve section
that is located approximately 450 feet east of Vista Del Campo; contact owners
residing at corner lots and request trimming of hedges and shrubs; direct Police
to step up radar enforcement in this neighborhood and have this brought back to
Council in four months. Mr. Hamilton seconded. Carried by vote of four ayes.
Mayor Carlson was absent.
REPAVING BROADWAY
Discussion was held on petition requesting the repaving of Broadway from Santa
Cruz Avenue to West Main Street. Speaking from the audience were Dawn Pisor
and Linda Sylvester, who are opposed to any partial paving as it needs a
complete reconstruction. After further discussion, Mr. Ventura moved to continue
this issue and consider the reconstruction of Broadway during the 1988-89
Capital Improvement Budget hearing in June, 1988. Mr. Hamilton seconded.
Carried by vote of four ayes. Mayor Carlson was absent. Residence on
Broadway to be notified of the hearing.
ZONING ORDINANCE AMENDMENT RE TRAFFIC IMPACTS
Vice-Mayor spoke on need to hold this item for full council. Mr. Hamilton moved
to continue this item to February 1, 1988. Mr. Ventura seconded. Carried by
vote of four ayes. Mayor Carlson was absent.
"KEEP CLEAR" ZONES
Discussion was held on this item and Council members stated they did not favor
painted streets but feel the need for the "keep clear" zones. Mr. Ventura moved
to accept staff recommendation and approve installation of "Keep Clear" zone at
the intersection of Los Gatos Boulevard and Stacia. Also direct staff to look at
other potential areas where these zones are needed and report back to Council.
Mr. Ferrito seconded. Carried by vote of four ayes. Mayor Carlson was absent.
APPEAL - CARLSTED 104 MILLRICH DR.
Vice-Mayor Benjamin referred to proposed Resolution that incorporated the
findings and decision of the Town Council at its meeting of January 4, 1988. Mr.
Ferrito spoke on this concerns re the finding as proposed and suggested a
change in findings. Asking to change 2 (c) to read "Sink the house at least two
(2) feet into the ground; and". Council approved the amendment to the
Resolution as suggested. Mr.Ferrito then moved for the adoption of the
amended Resolution No. 1988 -27 entitled, RESOLUTION REMANDING TO
THE PLANNING COMMISSION THE APPEAL OF PLANNING COMMISSION
APPROVAL OF PLANS FOR CONSTRUCTION OF A SINGLE FAMILY
RESIDENCE IN THE R-1:8000 ZONE, SUBJECT TO CONDITIONS (104
MILLRACE DRIVE - JEROME I. BLOCK). Mr. Hamilton seconded. Carried by
vote of four ayes. Mayor Carlson was absent.
Town Manager announced that Council should adjourn this meeting to Closed
Session and at closed session meeting adjourn to 7:30 p.m. on Monday, the 25th
day of January, 1988 at Blossom Hill School, 16400 Blossom Hill Road, for the
purpose of reviewing the Cherry Blossom Neighborhood Traffic Study.
CLOSED SESSION
Attorney Levinger stated that pursuant to Government Code Section 54957 the
Council will be meeting in Closed Session to discuss personnel item of
appointment of a public employee. The report of this Closed Session meeting
will be reported at the next regular meeting of the Town Council.
ADJOURNMENT
Vice-Mayor Benjamin declared the meeting adjourned at 11:30 p.m. to Closed
Session meeting. Closed session meeting will adjourn to 7:30 p.m. Monday, the
25th day of January, 1988 at Blossom Hill School 16400 Blossom Hill Road.
ATTEST;
Rose E. Aldag
Town Clerk