M 04-17-89TOWN OF LOS GATOS CALIFORNIA TOWN COUNCIL/PARKING
AUTHORITY APRIL 17, 1989
MINUTES
TOWN COUNCIL
The Town Council/Parking Authority of the Town of Los Gatos met in the Council
Chambers of Town Hall, 110 E. Main St., at 7:40 p.m, Monday, April 17, 1989, in
regular session.
ROLL CALL
PRESENT: Eric D. Carlson, Thomas J. Ferrito, Robert L. Hamilton, and
Mayor Joanne Benjamin.
ABSENT: Brent N. Ventura.
PLEDGE OF ALLEGIANCE
Given by all in attendance.
APPOINTMENT/COMMUNITY SERVICES COMMISSION/ROSEANN FISHER
Application was received from Roseann Fisher for one vacancy on the
Community Services Commission. Voting was held and applicant was appointed
to fill the position. Term to expire January 1, 1981.
APPOINTMENTS/PARK COMMISSION/MICHAEL BOMBERGER/SUSAN
HUNTLEY
Applications were received from Michael J. Bomberger, Susan Carol Huntley,
Judith Ann Lessack, and Alan Orr for two vacancies on the park Commission.
Voting was held and Michael Bomberger and Susan Huntley were appointed to
fill the positions. Terms to expire April 1, 1993.
PRESENTATION/YEARS OF SERVICE/LYDIA MUZECK
Mayor Benjamin presented Lydia Muzeck with a Commendation for twenty years
of service with the Town of Los Gatos.
CLOSED SESSION
Mary Jo Levinger, Town Attorney, reported that Council had met in Closed
Session prior to this evening's meeting, pursuant to Government Code Section
54956.9(a) to discuss Pending Litigation of the Workers' Compensation Claim of
Mr. Dunn. The Council authorized settlement in that matter in the amount of
$9,275.00.
Council also met in regard to Government Code Section 54956.9(c) to discuss
Pending Litigation regarding Institution of Litigation concerning Route 85. In that
matter the Council authorized additional outside counsel fees with Ocho and
Sillas.
Council also met in regard to Government Code Section 54956.9(c) to discuss
Institution of Litigation concerning the Elliott property, (Happy Acres Trail). The
Council authorized Institution of Litigation and outside counsel in the amount of
$2,500.00.
There was also a discussion of a personnel matter. There is no report in regard
to that matter at this time.
CLOSED CIRCUT TV/POLICE REAR DOOR /AWARD OF BID
Motion by Mr. Carlson that Council award bid to Wells Fargo Alarm Services in
the amount of $6,630.09 including tax, installation and a one-year warranty.
Seconded by Mayor Benjamin. Carried bay a vote of 4 ayes. Mr. Ventura
absent.
PROJECT 8805/PARKING DISTRICT LOT #3/STORM DRAIN
REALIGNMENT/AWARD OF CONTRACT
Motion by Mr. Carlson that Council award the contract for the work to be low
bidder, Roma Construction Corporation, in the total estimated amount of
$215,608.52 and authorize the Town Manager to sign the contract on behalf of
the Town. Seconded by Mayor Benjamin. Carried by a vote of 2 ayes. Mr.
Hamilton and Mr. Ferrito abstained. Mr. Ventura absent.
SCHEDULE OF PUBLIC HEARINGS
Informational report to Council regarding upcoming scheduled public hearings.
SECONDARY UNIT/MONTHLY REPORT
Informational report to Council regarding status of existing units.
CODE COMPLIANCE/QUARTERLY REPORT/1-1-89 TO 3-31-89
Informational report to Council regarding Code compliance.
PAYROLL RATIFICATION/PAID APRIL 7, 1989/RELATED WARRANTS
Motion by Mr. Carlson for ratification of payroll in the amount of $252,142.89,
payroll related warrants in the amount of $194,990.14 and accompanying check
registers for payroll of March 19 to April 1 paid on April 7, 1989. Seconded by
Mr. Hamilton. Carried by a vote of 4 ayes. Mr. Ventura absent.
ACCOUNTS PAYABLE/RATIFICATION OF/APRIL 10, 1989
Motion by Mr. Carlson for ratification of the check register in the amount of
$455,401.93 for accounts payable invoices paid on April 10, 1989. Seconded by
Mr. Hamilton. Carried by a vote of 4 ayes. Mr. Ventura absent.
NATIONAL ARBOR DAY/APRIL 28, 1989
Informational report to Council regarding scheduled observance.
SEISMIC STUDY/UNREINFORCED MASONRY
Motion by Mr. Carlson to continue this item to the April 24, 1989 meeting.
Seconded by Mr. Hamilton. Carried by a vote of 4 ayes. Mr. Ventura absent.
BELOW MARKET PLAN/GENERAL PLAN UPDATE
Motion by Mr. Carlson to continue this matter to May 1, 1989. Seconded by Mr.
Hamilton. Carried by a vote of 4 ayes. Mr. Ventura absent.
RENT MEDIATION PROGRAM
Informational report to Council regarding reduced fee for rent mediation program.
BLOCK GRANT 1989-90/COMMUNITY DEVELOPMENT/PUBLIC SERVICES
Motion by Mr. Carlson for adoption of attached revised allocation of Community
Development Block Grant (CDBG) funds to the Town for fiscal year 1989-90.
Seconded by Mr. Hamilton. Carried by a vote of 4 ayes. Mr. Ventura absent.
BELOW MARKET PRICE/RULES AND PROCEDURES
Motion by Mr. Carlson to continue this matter to April 24, 1989. Seconded by Mr.
Hamilton. Carried by a vote of 4 ayes. Mr. Ventura absent.
VERBAL COMMUNICATIONS
Diane Hembry submitted a letter for the record concerning Hilow Road.
HEARING. 542-548 NORTH SANTA CRUZ/SARA CENTER/U-88-7/OW:
ALL CA TITLE/AP;JAMES CONNOR
Mayor Benjamin stated that this was the time and place duly noted for public
hearing to consider appeal of Planning Commission denial of Conditional Use
Permit Application U-88-7 requesting permission to operate a restaurant with the
sale of beer ad wine, and outdoor seating,on property in the LM zone. Property:
542-548 North Santa Cruz Ave. Owner: All California Title Company. Applicant:
James Joseph Connor/'And Chili Tamale Factory.
No one from the audience wished to speak to this issue.
Motion by Mr. Ferrito to close the public hearing. Seconded by Mr. Hamilton.
Carried by a vote of 4 ayes. Mr. Ventura absent.
Motion by Mr. Carlson to uphold the Planning Commission's decision and deny
application U-88-7 due to the fact that the applicant is no longer interested in
location his restaurant at the shopping plaza. Seconded by Mr. Ferrito. Carried
by a vote of 4 ayes. Mr. Ventura absent.
ROBERTS ROAD/CLOSURE/HEARING
Mayor Benjamin stated that this was the time and place duly noted for public
hearing to consider the closure of Roberts Road at bridge over Los Gatos Creek.
The following people from the audience spoke to this issue:
Cybele Albrecht, property owner of medical office near creek, would like the one
way direction tried on the road or a cul-de-sac near bridge.
Ann Lamborn, 7 Monroe Court., stated option #3 as her preference and exhibit
"C", and the need to preserve her home.
Chuck Boberitto, speaking for Ainsley development, said that Ainsley
development agrees with staff's recommendation, and is willing to post the
bond for a period of five years.
Don Use, with Ainsley, would like a decision made on the development's map.
There was no one else from the audience who wished to speak to this issue.
Motion by Mr. Ferrito to refer back to staff for alternative design options regarding
exhibit "C" and the closure of Roberts Road and to present these plans to
Council for consideration. Public Hearing will be continued to May 15, 1989.
Seconded by Mr. Carlson. Carried by a vote of 3 ayes. Mr. Hamilton voted no.
Mr. Ventura absent.
URGENCY ORDINANCE 1785/OFF-STREET PARKING LOTS/HEARING
Mayor Benjamin stated that this was the time and place duly noted for public
hearing to consider an Urgency Interim Zoning Ordinance 1785 to temporarily
suspend Zoning Ordinance Section 3.40.110 regarding the operation of off-Street
parking lots and extending the Ordinance for ten months and 15 days.
The following person spoke to the issue:
Rex Morton, 51 University Ave., Chairman of Parking Commission, recommends
the extension of the Urgency Ordinance. There was no one else who wished to
address this issue.
Motion by Mr. Carlson to close the public hearing. Seconded by Mr. Hamilton.
Carried by a vote of 4 ayes. Mr. Ventura absent.
Motion by Mr. Carlson to make the finding that the extension of Ordinance 1785
is necessary to protect the public health., safety and welfare as set forth in
Section I, "Findings", of the Draft Ordinance which is contained in the report as
exhibit "A". Seconded by Mr. Hamilton. Carried by a vote of 4 ayes. Mr.Ventura
absent.
Motion by Mr. Carlson to waive the reading. Seconded by Mr. Hamilton. Carried
by a vote of 4 ayes. Mr.Ventura absent. The Town Clerk read the Title of the
Ordinance.
Motion by Mr. Carlson to introduce and adopt Urgency Interim Zoning Ordinance
1786 entitled, URGENCY INTERIM ZONING ORDINANCE EXTENDING
ORDINANCE 1785 WHICH TEMPORARILY SUSPENDED SECTION 3.40.110
OF THE ZONING ORDINANCE CONCERNING COMMERCIAL OPERATION
OF PARKING SPACES, which will be effective until March 6, 1990. Seconded
by Mr. Hamilton. Carried by a vote of 4 ayes. Mr. Ventura absent.
SECOND POLICE RESPONSE/NUISANCE ABATEMENT/TOWN CODE
SECTION 17-43/RESOLUTION 1989-51
Mayor Benjamin stated that this was the time and place duly noted for public
hearing to consider introduction of ordinance amending Chapter 17 of Town
Code as it relates to service charges for a second police response to
disturbances requiring abatement of a nuisance, addressing emergency
responses caused by drinking drivers, and adopting resolution.
The following persons spoke to the issue:
Dick Gaines, 340 Johnson Ave., would like the ordinance to be more specific.
Mrs. Tuttle, spoke in favor of both issues, second response charge, and serving
alcohol to those under 21. There was no one else from the audience who wished
to speak to the issue.
Motion by Mr. Carlson to close the public hearing. Seconded by Mr. Hamilton.
Carried by a vote of 4 ayes. Mr. Ventura absent.
Motion by Mr. Carlson to waive the reading. Seconded by Mr. Hamilton. Carried
by a vote of 4 ayes. Mr. Ventura absent. The Town Clerk read the Title of the
Ordinance.
Motion by Mr. Carlson moved to introduce Ordinance entitled, ORDINANCE OF
THE TOWN OF LOS GATOS ENACTING SECTION 17-43 OF THE TOWN
CODE OF LOS GATOS PERTAINING TO SECOND POLICE RESPONSE.
Seconded by Mr. Hamilton. Carried by a vote of 4 ayes. Mr. Ventura absent.
Motion by Mr. Carlson to adopt Resolution 1989-51 entitled, RESOLUTION OF
THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AMENDING A
SCHEDULE OF FEES FOR SECOND RESPONSES BY THE LOS GATOS
POLICE DEPARTMENT TO INCIDENTS CAUSED BY DISTURBANCES.
Seconded by Mr. Hamilton. Carried by a vote of 4 ayes. Mr. Ventura absent.
ALCOHOLIC BEVERAGE USE/UNDER 21/TOWN CODE SECTION
17-44/HEARING
Mayor Benjamin stated that this was the time and place duly noted for public
hearing to consider introduction of ordinance amending Chapter 17 of the Town
Code as it relates to persons under the age of 21 who possess or consume
alcoholic beverages.
There was no one from the audience who wished to speak to this issue.
Motion by Mr. Carlson to close the public hearing. Seconded by Mr. Ferrito.
Carried by a vote of 4 ayes. Mr. Ventura absent.
Motion by Mr. Carlson to waive the reading. Seconded by Mr. Ferrito. Carried
by a vote of 4 ayes. Mr.Ventura absent. The Town Clerk read the Title of the
Ordinance.
Motion by Mr. Carlson to introduce Ordinance entitled, AN ORDINANCE OF THE
TOWN OF LOS GATOS ENACTING SECTION 17-44 OF THE TOWN CODE OF
LOS GATOS PERTAINING TO PERSONS UNDER THE AGE OF 21 WHO
POSSESS OR CONSUME ALCOHOLIC BEVERAGES ON PRIVATE
PROPERTY NOT OPEN TO THE PUBLIC, with the amendment to Section I (b)
adding for the word "persons", "one or more persons". seconded by Mr. Ferrito.
Carried by a vote of 4 ayes. Mr. Ventura absent.
MINUTES/CONTINUED
Motion by Mr. Ferrito to continue the approval of minutes until April 24, 1989.
Seconded by Mr. Carlson. Carried by a vote of 4 ayes. Mr. Ventura absent.
INVESTMENT POLICY/TOWN TREASURER
Motion by Mr. Ferrito to note receipt of the Treasurer's report, and to continue
this item to April 24, 1989 for consideration of adoption of policy pending further
report from staff and Treasurer. Seconded by Mr. Carlson. Carried by a vote of
4 ayes. Mr. Ventura absent.
CODE ENFORCEMENT/TOWN ATTORNEY
Informational report on the status of referrals for code enforcement.
235 SARATOGA AVE/THE DINER/OW: BALL/APP: JULIUS
This item was continued to April 24, 1989.
17975 FOSTER RD/GUADALUPE COLLEGE/ACCESS ROAD/SUPPLEMENTAL
EIR
Closed Session was requested prior to this item being heard pursuant to
Government Code Section 54956.9(a) to discuss pending litigation. Dr. Kang
Ming Ho v. Los Gatos Town Council.
Mary Jo Levinger, Town Attorney, reported that Council had met in Closed
Session pursuant to Government. Code Section 54956.9(a) to discuss pending
litigation. Dr. Kang Ming Ho v. Los Gatos Town Council. there is no report from
that discussion at this time.
Motion by Mr. Carlson to add that whatever costs are incurred by the Town for
engineering studies and additional EIR report will be reimbursed by the applicant
or any future as an added condition of approval, this condition to be #3/
Seconded by Mr. Ferrito. Carried by a vote of 4 ayes. Mr. Ventura absent.
Motion by Mr. Carlson to authorize the Town Manager to sign an agreement with
Kreines and Kreines to do the necessary studies for and to prepare a
supplemental Environmental Impact Report (EIR) for Guadalupe college.
Seconded by Mr. Ferrito. Carried by a vote of 4 ayes. Mr. Ventura absent.
Motion by Mr. Carlson to appropriate $126,800 from the Capital Improvement
Program Open Space Allocation for payment of $81,300 for further engineering
studies and $45,500 for the preparation of the supplemental EIR. Seconded by
Mr. Ferrito. Carried by a vote of 4 ayes. Mr. Ventura absent.
TRAFFIC POLICY
Motion by Mr. Ferrito to continue to April 24, 1989. Seconded by Mr. Carlson.
Carried by a vote of 4 ayes. Mr. Ventura absent.
WATER PROHIBITION/URGENCY ORDINANCE 1787
Motion by Mr. Carlson to waive the reading. Seconded by Mr. Hamilton. Carried
by a vote of 4 ayes. Mr.Ventura absent.
Motion by Mr. Carlson to introduce and adopt Ordinance 1787 entitled. AN
URGENCY ORDINANCE OF THE TOWN OF LOS GATOS DECLARING THE
EXISTENCE OF A CONDITION OF DROUGHT AND PROVIDING FOR
MANDATORY REDUCTIONS IN AND SPECIFIED PROHIBITIONS OF WATER
USE. Seconded by Mr. Hamilton. Carried by a vote of 4 ayes. Mr. Ventura
absent.
BUSINESS VITALITY COMMITTEE/COMMERCIAL SPECIFIC PLAN
COMMITTEE
Motion by Mr. Carlson to approve the formation of a committee to create a
commercial specific plan, and direct the Town Clerk to advertise the following
vacancies for this committee: two vacancies for members of the Downtown
Business community; one vacancy for the West Side Business Community
defined by the North/South/East/West axis of Blossom Hill Road and Highway
17; one vacancy for the East Side Business Community defined by the
North/South/East/West axis of Blossom Hill Road and Highway 17; four residents
form each quadrant of the Town as defined by the North/South/East/West axis of
Blossom Hill Road and Highway 17. Seconded by Mr. Hamilton. Carried by a
vote of 4 ayes. Mr. Ventura absent.
Motion by Mr. Carlson to consider funding a business persons guide to the Town
to be developed by the Chamber and Town staff and direct staff to develop a
budget proposal with the Chamber of Commerce. Seconded by Mr. Hamilton.
Carried by a vote of 3 ayes. Mr. Ferrito voted no, stating that the Chamber of
Commerce exists as a special interest group for its members and represents the
business community, and if they feel that the business people need a business
person's guide to the Town then the Chamber should pay for it and not the Town.
Mr. Ventura absent.
Steve Friedman, resident of the Town, thanked the Council for working with the
business community on this project.
Shirley Henderson, Antiquarium owner, spoke for the need of guidelines for the
new business owner who is just beginning.
HOME RULE/OPPOSE SB 209/RESOLUTION 1989-52
Motion by Mr. Ferrito to adopt Resolution 1989-52 entitled, RESOLUTION OF
THE TOWN OF LOS GATOS OPPOSING SENATE BILL 209 AND ENDORSING
HOME RULE
With the following amendments: 6th Whereas, add "completing the full
interchange at Bascom" following San Jose border; 7th Whereas, change
"instructed" to "advises", delete "objection", clarify "that includes an interchange"
to properly specify a half northerly exchange; 8th Whereas, to read "within our
ow community". Seconded by Mr. Carlson. Carried by a vote of 4 ayes. Mr.
Ventura absent.
POLICE VEHICLES/REPLACEMENT
Motion by Mr. Carlson that Council authorize the purchase of two 1988 model
used cars from National Car Sales for $10,698.93 per unit, for a total purchase
price of $22,896.00 including tax and warranty, and that Council approve the
purchase of an additional 3-year warranty for each vehicle at $499.00 per unit,
for a total of $998.00. Seconded by Mr. Hamilton. Carried by vote of 4 ayes.
Mr. Ventura absent.
MILES AVE/GENERAL PLAN AMENDMENT/GP-87-3/GP-85-4
Richard Gaines spoke for Mr. Smith and his desire to use his property. He asked
for a capacity study and a decision by Council so that Mr. Smith has a guideline
to work by.
Motion by Mr. Ferrito to reaffirm Resolution 1988-43 entitled, RESOLUTION
REMANDING APPEAL OF PLANNING COMMISSION DENIAL OF GENERAL
PLAN AMENDMENT GP-87-3 TO THE LOS GATOS GENERAL PLAN
CONCERNING 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, and have staff report to Council by April 24, 1989 when the work
can be completed. Seconded by Mr. Hamilton. Carried by a vote of 4 ayes. Mr.
Ventura absent.
Mr. Carlson's only request on this item was that Mr. Smith be advised to the
status of the situation. That the Planning Commission should advise him of
status as the traffic policy is studied.
RINCONADA HILLS/LATE CLAIM/APPLICATION DENIAL
Motion by Mr. Ferrito that Council deny the application to File Late Claim Against
Public Entity filed with the Town Clerk on March 27, 1989. Seconded by Mr.
Carlson. Carried by a vote of 3 ayes. Mr. Hamilton voted no. Mr. Ventura
absent.
BLOSSOM HILL 7 CHERRY BLOSSOM/THE TERRACES/Z-85-2A/OW:
ABHOW/CONTINUED
Mr. Carlson wished to review the tapes before making a decision.
Mr. Ferrito wished to review the tapes and minutes regarding this issue before
making a decision.
Ken Hooge spoke for American Baptist Homes of the West and agreed to a
continuance on this issue.
Mayor Benjamin stated that this item would be continued until April 24, 1989.
ADJOURNMENT
Mary Jo Levinger, Town Attorney, announced that the meeting would be
adjourned to an adjourned regular meeting on April 24, 1989, at 7:00 p.m., at
which time there would be a discussion of Institution of Litigation regarding the
Parking Assessment District in Closed Session.
Motion by Mr. Hamilton to adjourn the meeting at 11:15 p.m. Seconded by Mr.
Carlson. Carried by a vote of 4 ayes. Mr. Ventura absent.
ATTEST:
Marian V. Cosgrove
Town Clerk