M 08-06-90COUNCIL AGENDA
TOWN OF LOS GATOS DATE: 09/04/90
CALIFORNIA ITEM NO._________
TOWN COUNCIL/PARKING AUTHORITY
August 6, 1990
Minutes
TOWN COUNCIL
The Town Council/Parking Authority of the Town of Los Gatos met in the Council Chambers
of the Town Hall, 100 East Main Street, at 7:34 p.m., Monday, August 6, 1990, in regular
session.
ROLL CALL
Present:Robert L. Hamilton, Brent N. Ventura and Mayor Thomas J. Ferrito.
Absent:Joanne Benjamin, Eric D. Carlson.
PLEDGE OF ALLEGIANCE
Given by all in attendance.
ARTS COMMISSION/COMMENDATION/NANCY ANN BURBANK
Mayor Ferrito presented a commendation for service to the community to Nancy Ann
Burbank for her years of service on the Arts Commission.
CLOSED SESSION
Mary Jo Levinger, Town Attorney, reported that Council had met in Closed Session after the
Council meeting of July 23, 1990 on a Personnel Item pursuant to Government Code Section
54957. After that meeting there was a report that the Town had hired a new Town Manager,
David Knapp. This has been announced through a press release.
Prior to this evening's meeting, pursuant to Government Code Section 54956.9(a), Council
met in Closed Session to discuss Pending Litigation in regards to Crafford, et al. vs Town.
There is no report from that discussion.
Pursuant to Government Code Section 54956.9(a) to discuss Pending Litigation regarding
Kang Ming Ho vs Town Council. There is no report from that discussion.
Pursuant to Government Code Section 54956.9(c) to discuss Institution of Litigation
regarding Route 85. There is no report from that discussion at this time.
SCHEDULE OF PUBLIC HEARINGS
TC:D1:MM080690
Informational report regarding currently scheduled public hearings was received and filed.
COUNTY REFERRALS
Informational report regarding county referrals was received and filed.
Mayor Ferrito commented on the referral from the City of San Jose regarding Almaden
Vinyards, stating that Los Gatos Town Council had been extremely cautious in the last
decade in attempting to avoid traffic congestion as a result of development. Studies have
shown that a project even that far away will impact some of our intersections and add to
existing congestion. Developments in neighboring communities, do in fact, affect our traffic
and the congestion within our own community.
TC:D1:MM080690
August 6, 1990
Los Gatos, California
PLANNING COMMISSION/PLANNING DEPARTMENT/MONTHLY STATUS REPORT
Informational report regarding Planning Department's monthly status report was received
and filed.
COUNCIL CALENDAR OF MEETINGS
Informational item agendizing Town Board and Commission meetings.
PAYROLL/RATIFICATION/JULY 1990
Motion by Mr. Ventura, seconded by Mr. Hamilton, for ratification of the accompanying
check registers for payroll of 6/24/90-7/07/90 and 7/08/90-7/21/90 in the amount of
$467,857.13 paid on 7/13/90 and 7/27/90 and POA uniform allowance paid on 7/20/90.
Carried by a vote of 3 ayes. Mrs. Benjamin and Mr. Carlson absent.
ACCOUNTS PAYABLE/RATIFICATION/JULY 1990
Motion by Mr. Ventura, seconded by Mr. Hamilton, for ratification of accompanying check
registers for accounts payable invoices in the amount of $672,307.50 paid on 7/13, 7/20,
7/23, and 7/27 1990. Carried by a vote of 3 ayes. Mrs. Benjamin and Mr. Carlson absent.
MUSEUM COMMISSION/RESCINDING ENABLING RESOLUTION/RESOLUTION 1990-157
Motion by Mr. Ventura, seconded by Mr. Hamilton, that Council adopt Resolution 1990-
157 entitled, RESOLUTION OF THE TOWN OF LOS GATOS RESCINDING RESOLUTION
1988-217 REGARDING THE MUSEUM COMMISSION ENABLING RESOLUTION.
Carried by a vote of 2 ayes. Mr. Ferrito voted no for reasons stated in previous record. Mrs.
Benjamin and Mr. Carlson absent.
MUSEUM COMMISSION/COMMENDATIONS FOR SERVICE TO TOWN
ALICE MC CAMMON/RESOLUTION 1990-158
JAMES GRUPP/RESOLUTION 1990-159
LYN PICKENS-PACKARD/RESOLUTION 1990-160
DON DODSON/RESOLUTION 1990-161
MARY EASTHAM/RESOLUTION 1990-162
Motion by Mr. Ventura, seconded by Mr. Hamilton, that Council adopt Resolutions 1990-
158, 159, 160, 161 and 162 entitled, RESOLUTIONS OF THE TOWN OF LOS GATOS
COMMENDING:
ALICE MC CAMMON
JAMES GRUPP
LYN PICKENS-PACKARD
DON DODSON
MARY EASTHAM
TC:D1:MM080690
August 6, 1990
Los Gatos, California
OF THE LOS GATOS MUSEUM COMMISSION. Carried by a vote of 3 ayes. Mrs.
Benjamin and Mr. Carlson absent.
ALCOHOL BEVERAGE LICENSE TRANSFER
Informational item regarding transfer of alcoholic beverage licence received and filed.
TC:D1:MM080690
August 6, 1990
Los Gatos, California
GLASS RECYCLING/AB3050/RESOLUTION 1990-163/AB2622/RESOLUTION 1990-170
Motion by Mr. Ventura, seconded by Mr. Hamilton, that Council adopt Resolution 1990-
163 entitled, RESOLUTION OF THE TOWN OF LOS GATOS SUPPORTING ASSEMBLY
BILL 3050 regarding glass recycling. This motion includes a request for staff report on the
progress and development of AB1490. Carried by a vote of 3 ayes. Mrs. Benjamin and Mr.
Carlson absent.
Motion by Mr. Ventura, seconded by Mr. Hamilton, that Council adopt Resolution 1990-
170 entitled, RESOLUTION OF THE TOWN OF LOS GATOS SUPPORTING ASSEMBLY
BILL 2622 regarding glass recycling. Carried by a vote of 3 ayes. Mrs. Benjamin and Mr.
Carlson absent.
FOREST AND WILDLIFE PROTECTION/BOND ACT OF 1990/RESOLUTION 1990-164
Motion by Mr. Ventura, seconded by Mr. Hamilton, that Council adopt Resolution 1990-
164 entitled, RESOLUTION OF THE TOWN OF LOS GATOS CONCERNING THE FOREST
AND WILDLIFE PROTECTION AND BOND ACT OF 1990. Carried by a vote of 3 ayes.
Mrs. Benjamin and Mr. Carlson absent.
AMICUS BRIEF/SURFSIDE COLONY,LTD VS.CALIFORNIA COASTAL COMMISSION
Motion by Mr. Ventura, seconded by Mr. Hamilton, that Council authorize participation in
the above referenced case at no cost to the Town. Carried by a vote of 3 ayes. Mrs.
Benjamin and Mr. Carlson absent.
8717A PROJECT/UNDERGROUND STORAGE/SERVICE CENTER/RESOLUTION 1990-165
Motion by Mr. Ventura, seconded by Mr. Hamilton, that Council adopt Resolution 1990-
165 entitled, RESOLUTION OF THE TOWN OF LOS GATOS APPROVING PLANS AND
SPECIFICATIONS FOR PROJECT 8717A - UNDERGROUND STORAGE - APPROVAL OF
PLANS AND SPECIFICATIONS. Carried by a vote of 3 ayes. Mrs. Benjamin and Mr.
Carlson absent.
PARKING PROHIBITION/TRAFFIC LANE/BLOSSOM HILL BLVD/RESOLUTION 1990-166
BETWEEN ROBERTS ROAD AND LOS GATOS BLVD
Motion by Mr. Ventura, seconded by Mr. Hamilton, that Council adopt Resolution 1990-
166 entitled, RESOLUTION OF THE TOWN OF LOS GATOS FOR PARKING
PROHIBITION ON BLOSSOM HILL ROAD, which prohibits parking on the south side of
Blossom Hill Road, west of Roberts Road for a distance of 230 feet and two areas on the
north side of Blossom Hill Road at 615 Blossom Hill Road. Included in this motion is a
request that Council receive a follow up report regarding safety issues concerning the bike
lane on the sidewalk. Carried by a vote of 3 ayes. Mrs. Benjamin and Mr. Carlson absent.
BLOSSOM HILL ROAD 300/VASONA HILLS/TRACT 8280/OPEN SPACE DISTRICT
TC:D1:MM080690
August 6, 1990
Los Gatos, California
ORDINANCE 1836
Motion by Mr. Ventura, seconded by Mr. Hamilton, that Council adopt Ordinance 1836
entitled, ORDINANCE OF THE TOWN OF LOS GATOS FIXING AND ESTABLISHING
BOUNDARIES AND DECLARING FORMATION OF AN OPEN SPACE MAINTENANCE
ASSESSMENT DISTRICT WITHIN THE BOUNDS OF TRACT 8280, VASONA HILLS
SUBDIVISION, LOCATED AT 300 BLOSSOM HILL ROAD, which was introduced at the
Town Council meeting of July 16, 1990. Carried by a vote of 3 ayes. Mrs. Benjamin and Mr.
Carlson absent.
TC:D1:MM080690
August 6, 1990
Los Gatos, California
HEARINGS
LOS GATOS BLVD 227/FROMM/DEMOLITION/EARTHQUAKE DAMAGE/HEARING
Mayor Ferrito stated that this was the time and place duly noted for public hearing to
consider appeal of the Director of Building Services decision to issue a Notice and Order
requiring the demolition of a pre-1900 structure significantly damaged by the Loma Prieta
Earthquake. Property: 227 Los Gatos Blvd. Owners: Mr. and Mrs. Fromm.
The following people from the audience wished to address this matter:
Scott Baker, Town's Director of Building Services, is requesting demolition under Urgency
Ordinance 1824, because of the dangerous condition of the building due to: baring walls
damaged to be unable to support; structural and supporting members unable to carry
imposed loads; building considered a public nuisance; defects endangering adjoining
properties. Requests for proposal would include plan to remove architecturally significant
items which were previously identified and store them. Bids would also be sought on saving
the second floor.
John Stern, Community Housing Developers, owners of 221 Los Gatos Blvd, encourages
the Town to order the demolition due to the dangerous state of the building and the
possibility of it falling on his property.
Mary Felice, 221 Los Gatos Blvd, 48 year resident of Los Gatos, asks for demolition and is
worried about the number of people who wander on this property in order to take pictures
and look at the damaged building.
Motion by Mr. Ventura, seconded by Mr. Hamilton, to close the public hearing. Carried
by a vote of 3 ayes. Mrs. Benjamin and Mr. Carlson absent.
Motion by Mr. Ventura, seconded by Mr. Hamilton, that Council deny the appeal and
authorize Town to proceed to solicit bids for demolition and the alternative of saving the
second story. A thirty day period for the Fromm's to execute any alternatives available to
them to preserve the house will be given and a letter will be sent to them explaining these
options and including the allegation made by the neighbors that the bracing has been
constructed on the neighbor's property. Carried by a vote of 3 ayes. Mrs. Benjamin and Mr.
Carlson absent.
WEED ABATEMENT/ASSESSMENT/RESOLUTION 1990-167
Mayor Ferrito stated that this was the time and place duly noted for public hearing to
consider and confirm report and assessment on abatement on weeds within Los Gatos and
adoption of Resolution adopting report describing parcels of real property and showing
amount of weed abatement charges to be collected on the tax roll of the Town of Los Gatos.
There was no one from the audience who wished to speak to this issue.
TC:D1:MM080690
August 6, 1990
Los Gatos, California
Motion by Mr. Hamilton, seconded by Mr. Ventura, to close the public hearing. Carried
by a vote of 3 ayes. Mrs. Benjamin and Mr. Carlson absent.
Motion by Mr. Hamilton, seconded by Mr. Ventura, that Council adopt Resolution 1990-
167 entitled, RESOLUTION OF THE TOWN OF LOS GATOS ADOPTING REPORT
DESCRIBING PARCELS OF REAL PROPERTY, AND SHOWING AMOUNT OF WEED
ABATEMENT ASSESSMENTS TO BE COLLECTED ON THE TAX ROLL OF THE TOWN
OF LOS GATOS IN THE COUNTY OF SANTA CLARA, FOR THE FISCAL YEAR 1990-91.
Carried by a vote of 3 ayes. Mrs. Benjamin and Mr. Carlson absent.
TC:D1:MM080690
August 6, 1990
Los Gatos, California
SHANNON ROAD 14615/HABIB AZAR/TENTATIVE MAP APPROVAL/EIR CERTIFICATION
RESOLUTION 1990-168
Motion by Mr. Ventura, seconded by Mr. Ferrito, that Council adopt Resolution 1990-168
entitled, RESOLUTION OF THE TOWN OF LOS GATOS RATIFYING TOWN COUNCIL
CERTIFICATION OF ENVIRONMENTAL IMPACT REPORT AND APPROVAL OF
TENTATIVE MAP FOR 15 LOT SUBDIVISION OF 54.7 ACRES OF HILLSIDE LAND
ALONG SANTA ROSA DRIVE AND NORTH OF SHANNON ROAD IN THE HR-2½
ZONE, (SANTA ROSA HEIGHTS SUBDIVISION - HABIB AZAR), which memorializes the
Town Council's decisions of the Town Council meeting of July 16, 1990, with the additional
condition that the trails be constructed as indicated on the tentative map per the satisfaction
of the Town's Engineer. Carried by a vote of 2 ayes. Mr. Hamilton voted no for reasons
stated in previous record. Mrs. Benjamin and Mr. Carlson absent.
MINUTES OF JULY 16, 1990
By consensus continued to August 20, 1990.
MINUTES OF JULY 23, 1990
Motion by Mr. Hamilton, seconded by Mr. Ferrito, to approve the Minutes of July 23,
1990 as submitted. Carried by a vote of 2 ayes. Mr. Ventura abstained. Mrs. Benjamin and
Mr. Carlson absent.
TREASURER'S REPORT
Treasure's report for June 1990 was received and filed.
RELOCATION PLAN/VILLA AVE RESIDENTS/RESOLUTION 1990-169
Mark Mander, 56 Villa Ave., resident of the relocation district, expressed concerns as to
the method used in obtaining the square footage of living space he utilizes.
Motion by Mr. Hamilton, seconded by Mr. Ferrito, that Council adopt Resolution 1990-
169 entitled, RESOLUTION OF THE TOWN OF LOS GATOS ADOPTING THE DRAFT OF
THE RELOCATION PLAN FOR THE VILLA AVENUE RESIDENTS. Carried by a vote of 2
ayes. Mr. Ventura abstained, stating he will wait on his decision until after the 30 day period
for comment has passed and he has had the opportunity to hear the concerns of the
residents. Mrs. Benjamin and Mr. Carlson absent.
PARKING DISTRICT/LOT #4/HAZARDOUS WASTE REMEDIATION
Mayor Ferrito explained the appropriateness of himself and Mr. Hamilton voting on this
procedural matter, stating that in order to avoid other impacts of delay in the absence of
other Council members they would proceed to vote. The Town Attorney's opinion was that
there was no material financial affect involved with this procedural item and recommended
TC:D1:MM080690
August 6, 1990
Los Gatos, California
that both Council Member's vote.
John Sutton, Civil Engineer for Kaldveer Associates, explained some of the problems with
the vats and tanks found at the location of parking lot #4.
Randy Rowley, Engineer Geologist and Environmental Specialist with Kaldveer Associates,
spoke of the extent of the contamination at this site in the soil and in the water.
TC:D1:MM080690
August 6, 1990
Los Gatos, California
PARKING DISTRICT LOT #4 CONT.
Motion by Mr. Ventura, seconded by Mr. Hamilton, that the Council direct the staff to
request proposals from consultants to prepare a remediation plan for approval by the
Regional Water Quality Control board, or its agent, with the variety of alternatives, and
looking at cost and time. Carried by a vote of 3 ayes. Mrs. Benjamin and Mr. Carlson
absent.
FORTUNE TELLING BUSINESS REGULATIONS
By consensus continued to August 20, 1990.
LIBRARY BUILDING CONSULTANT SELECTION
Motion by Mr. Ventura, seconded by Mr. Hamilton, that Council approve the use of Town
staff time to interview, select, and work with a library building consultant who would develop
a building program for the new library. Cost for the consultant's work paid from the Library
Trust Fund, contingent upon formal approval by Library Board at Board's meeting on August
8, 1990. Carried by a vote of 3 ayes. Mrs. Benjamin and Mr. Carlson absent.
BEAN AVE 212/PREFERENTIAL PARKING
Motion by Mr. Ventura, seconded by Mr. Hamilton, that Council deny the request at this
time to allow permit parking on Bean Avenue between Wilder Avenue and Santa Cruz
Avenue and to send a letter to the owners that if they wish to pursue it further that they
should circulate a petition among the users and residents from 212 Bean west, and that
Council would reconsider at that time. Carried by a vote of 3 ayes. Mrs. Benjamin and Mr.
Carlson absent.
BUS LAYOVER RELOCATION/ALTERNATIVE SITES/MAIN STREET E. 110
By consensus Council continued this item to September 4, 1990.
ADJOURNMENT
Mayor Ferrito adjourned this meeting at 8:46 p.m.
ATTEST:
TC:D1:MM080690
August 6, 1990
Los Gatos, California
Marian V. Cosgrove
Town Clerk
TC:D1:MM080690