M 11-05-90TOWN OF LOS GATOS
CALIFORNIA
TOWN COUNCIL/PARKING AUTHORITY
November 5, 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 7:30 p.m., Monday, November 5, 1990, in regular
session.
ROLL CALL
Present:Joanne Benjamin, Eric D. Carlson, Robert L. Hamilton,
Brent N. Ventura and Mayor Thomas J. Ferrito.
Absent:None.
PLEDGE OF ALLEGIANCE
Given by all in attendance.
PARK COMMISSION/STUDENT APPOINTMENTS
Motion by Mr. Carlson, seconded by Mr. Ventura, that Council appoint Amy Niles and Tim
Duus as Student Park Commission members. Carried unanimously.
CLOSED SESSION
Mary Jo Levinger, Town Attorney, reported that Council had met in Closed Session October
27, 1990 pursuant to Government Code Section 54956.9(c) concerning Institution of
Litigation regarding Route 85. There is no report from that discussion.
Prior to this evening's meeting Council met pursuant to Government Code Section
54956.9(b) to discuss claim of Mitchell and Rebecca Gordon. Council made a finding of
significant exposure to litigation. There is no report from that discussion at this time.
Pursuant to Government Code Section 54956.9(c) Council met to discuss Institution of
Litigation regarding Route 85. There is no report from that discussion at this time.
SCHEDULE OF PUBLIC HEARINGS
Informational report regarding currently scheduled public hearings was received and filed.
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COUNTY REFERRALS
Motion by Mrs. Benjamin, seconded by Mr. Ventura, that Council take the following
actions on the County Referrals:
Madrone Dr 21450, 304-28-42-90A, recommend approval, no conditions.
Rochin Ter 15902, 4635-32-53-90V, recommend approval, subject to condition that the
driveway to garage be paved.
Campbell, PD-90-07, no recommendation at this time.
Carried unanimously.
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PLANNING COMMISSION/PLANNING DEPARTMENT MONTHLY STATUS REPORT
Informational report regarding Planning Department work schedule and priorities was
received and filed.
COUNCIL CALENDAR OF MEETINGS
Scheduled events and meetings set for months of November and December were received
and filed.
PAYROLL/RATIFICATION/DECEMBER 19, 1990
Motion by Mrs. Benjamin, seconded by Mr. Ventura, for ratification of the accompanying
check registers of September 30 through October 13, 1990 amount of $210,406.47 paid on
October 19, 1990. Carried unanimously.
ACCOUNTS PAYABLE/RATIFICATION/OCTOBER 1990
Motion by Mrs. Benjamin, seconded by Mr. Ventura, for ratification of accounts payable
invoices and accompanying check registers for accounts payable invoices in the amount of
$352,795.76 paid on October 3, 12, 19, and 26, 1990. Carried unanimously.
GREAT SARATOGA TO LOS GATOS RACE/FEBRUARY 3, 1991
Motion by Mrs. Benjamin, seconded by Mr. Ventura, that Council approve the Rotary
Club's request to conduct "The Great Saratoga to Los Gatos Race" on Sunday, February 3,
1991. Carried unanimously.
SUPER CITIES WALK FOR MULTIPLE SCLEROSIS
Informational report regarding the second annual 15 kilometer walk as part of the "Super
Cities Walk For MS" on a nationwide basis. Santa Clara Chapter will begin at Campbell Park
and end at Los Gatos High. Report was received and filed.
SPEED ZONE STUDY/TRAFFIC DATA SERVICE/AGREEMENT/RESOLUTION 1990-219
Motion by Mrs. Benjamin, seconded by Mr. Ventura, that the Council adopt Resolution
1990-219 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING DAVID
W. KNAPP, TOWN MANAGER TO SIGN AN AGREEMENT WITH TRAFFIC DATA
SERVICES FOR CONSULTANT SERVICES FOR PREPARATION OF THE SPEED ZONE
SURVEY REPORT. Carried unanimously.
NATIONAL AVE & BLACKWELL DR/TRACT 8306/FINAL MAP/RESOLUTION 1990-220
Motion by Mrs. Benjamin, seconded by Mr. Ventura, that Council adopt Resolution 1990-
220 entitled, RESOLUTION OF THE TOWN OF LOS GATOS APPROVING AND
ACCEPTING FINAL MAP OF TRACT NO. 8306 and which authorizes execution of the
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contract for public improvements. Carried unanimously.
CDBG PROGRAM OPERATIONS/FISCAL YEAR 1990-91/AGREEMENT BETWEEN SANTA
CLARA COUNTY AND LOS GATOS/RESOLUTION 1990-221
Motion by Mrs. Benjamin, seconded by Mr. Ventura, that Council adopt Resolution 1990-
221 entitled, RESOLUTION OF THE TOWN OF LOS GATOS APPROVING COMMUNITY
DEVELOPMENT BLOCK GRANT CONTRACT BETWEEN THE COUNTY OF SANTA
CLARA
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CDBG PROGRAM CONT.
AND THE TOWN OF LOS GATOS FOR FISCAL YEAR 1990-91 AND AUTHORIZING
EXECUTION OF AGREEMENT. Carried unanimously.
SUSANNE WILSON/COMMENDATION/SERVICE ON THE SANTA CLARA COUNTY BOARD
OF SUPERVISORS/RESOLUTION 1990-222
Motion by Mrs. Benjamin, seconded by Mr. Ventura, that Council adopt Resolution 1990-
222 entitled, RESOLUTION OF THE TOWN OF LOS GATOS COMMENDING SUSANNE
WILSON FOR HER SERVICE ON THE SANTA CLARA COUNTY BOARD OF
SUPERVISORS. Carried unanimously.
WHITNEY AVE 145/BLACKWELL BROS/APPEAL PC DENIAL/RESOLUTION 1990-223
Motion by Mrs. Benjamin, seconded by Mr. Ventura, that Council adopt Resolution 1990-
223 entitled, RESOLUTION OF THE TOWN OF LOS GATOS DENYING APPEAL OF
PLANNING COMMISSION DECISION DENYING PLANS TO CONSTRUCT A SINGLE-
FAMILY RESIDENCE ON PROPERTY IN THE R-1D ZONE AND REMANDING THE
APPLICATION TO THE PLANNING COMMISSION, which incorporates the Council
findings and decision at its meeting of October 15, 1990. Carried by a vote of 4 ayes. Mr.
Hamilton abstained.
TERESITA WAY 101/MC CANDLESS/APPEAL PC APPROVAL/RESOLUTION 1990-224
Motion by Mrs. Benjamin, seconded by Mr. Ventura, that Council adopt Resolution 1990-
224 entitled, RESOLUTION OF THE TOWN OF LOS GATOS GRANTING APPEAL OF A
DECISION OF THE PLANNING COMMISSION APPROVING PLANS FOR THE
CONSTRUCTION OF A SINGLE-FAMILY RESIDENCE ON PROPERTY LOCATED IN THE
HR-1 ZONE, which incorporates the Council findings and decisions at its meeting of October
15, 1990. Carried by a vote of 4 ayes. Mr. Hamilton abstained.
HILLSIDE PLANNED DEVELOPMENT/ZONING AMENDMENT/ORDINANCE 1838
Motion by Mrs. Benjamin, seconded by Mr. Ventura, that Council adopt Ordinance 1838
entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONING
ORDINANCE CONCERNING PLANNED DEVELOPMENTS IN THE HILLSIDE which was
introduced at the Town Council meeting of October 15, 1990. Carried by a vote of 4 ayes.
Mr. Carlson voted no for reasons stated in previous record.
VERBAL COMMUNICATIONS
Dan McFadden, 123 University Ave., requested more immediate action be taken by the
Town to finish the Lot 4 parking area.
Joan Perry, 119 University Ave., reviewed the problems of Lot 4 and asked that the Town
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take care of them as soon as possible.
Scott Broomfield, 115 University Ave., asked for immediate remediation from the Town
regarding Lot 4 as follows: 1) to have multiple access; 2) limitation of hours from 7a.m. to
9p.m.; 3) further landscaping; 4) permit process for both the merchants and employees to
be able to use the parking lot.
Mr. Carlson requested that these speakers be able to receive a staff report regarding this
issue.
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HEARINGS
RELOCATION ASSISTANCE PLAN/RESOLUTIONS 1990-225 & 1990-226/HEARING
Mayor Ferrito stated that this was the time and place duly noted for public hearing to
consider resolution approving a relocation assistance and last resort housing plan and to
consider resolution adopting grievance procedures.
The following people from the audience addressed this issue.
Mark Mander, 56 Villa Ave., spoke regarding his concerns involving the relocation plan as
it is proposed. He submitted pictures and statement regarding these concerns, and made
suggestions as to acceptable alternative housing within downtown Los Gatos and inclusion
of the lump sum payment for mitigation.
Arthur Klingensmith, P.O. Box 574, Sausalito, Relocation Counsultant for the Town,
explained the relocation plan, the provisional monetary sum and the possible use of public
storage.
Preston Hill, 196 W. Main St., representing the Manders, requested comparable housing
be provided within definitions of State Law requirements even though present home does not
meet building code requirements.
There was no one else from the audience to address this issue.
Motion by Mr. Carlson, seconded by Mr. Ventura, to close the public hearing. Carried
unanimously.
Motion by Mr. Carlson, seconded by Mr. Hamilton, that Council modify proposed
Redevelopment Plan with amendments to provide the square footage of usable space
greater than or equal to that space which the Manders now possess. The space to be
provided will be suitable for the intended use of 2 bedrooms, darkroom, garage, 1 bath, 1
kitchen, 1 laundry and storage comparable to present attic and basement. Carried
unanimously.
Motion by Mr. Carlson, seconded by Mr. Hamilton, that this plan include equivalent
access to shopping and places of work and offer the Manders the proximity to these
locations that they enjoy from their present home. The area of the Downtown Specific Plan
is the logical boundary to confine the relocation to and if this is not possible to provide for
additional compensation. Carried unanimously.
Motion by Mr. Carlson, seconded by Mr. Ventura, that this plan include a lump sum
payment if needed for the purposes of residential purchase. Carried unanimously.
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Motion by Mr. Ventura, seconded by Mr. Carlson, that Council adopt Resolution 1990-
225 entitled, RESOLUTION OF THE TOWN OF LOS GATOS ADOPTING THE
RELOCATION PLAN FOR THE VILLA AVENUE RESIDENTS, which includes the
amendments made at this meeting. Carried unanimously.
Motion by Mr. Ventura, seconded by Mr. Carlson, that Council adopt Resolution 1990-
226 entitled, RESOLUTION OF THE TOWN OF LOS GATOS ADOPTING RELOCATION
GRIEVANCE PROCEDURES. Carried unanimously.
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LOS GATOS BLVD 15698/LONGS DRUGS/MUSICH/HEARING
Mayor Ferrito stated that this was the time and place duly noted for public hearing to
consider appeal of Planning Commission's denial of request for increased floor space for the
sale of alcoholic beverages for property located at 15698 Los Gatos Boulevard (Longs
Drugs). Property Owner: Steve Musich. Applicant: Longs Drugs. Appellant: Gary Veasy.
The following people addressed this item.
Gary Veasy, 141 N. Civic Drive, Walnut Creek, asked for reconsideration of the use permit
to include additional space for sale of alcoholic beverages. He stated that the Planning
Commission had erred by not considering the reduction in liquor sales and the continued
operation of the post office.
Michael Raphel, Vice-President of Sales, wishes to provide what the shoppers want and to
continue the post office but feels that the liquor sales would be helpful to the store's overall
operation.
There was no one else to address this issue from the audience.
Motion by Mr. Carlson, seconded by Mrs. Benjamin, to close the public hearing. Carried
by a vote of 4 ayes. Mr. Ventura abstained due to a possible conflict of interest.
Motion by Mr. Carlson, seconded by Mrs. Benjamin, to uphold the Planning Commission's
decision and approve Conditional Use Permit Application U-86-26A and Architecture and
Site Application S-86-57A subject to conditions, and deny the appeal. Carried by a vote of 3
ayes. Mr. Ventura abstained. Mr. Hamilton voted no stating that the business man should
have control over his sales and what will make his enterprise successful.
UNIVERSITY AVE 983-B/BUSINESS LICENSE FEES/PACSTOR INC/HEARING
Mayor Ferrito stated that this was the time and place duly noted for public hearing to
consider appeal of licensee regarding penalty fees imposed upon business license for
business located at 983-B University Ave. (Pacstor, Incorporated). Appellant: Roger Cox.
The following people addressed this item.
Roger Cox, CEO of Pacstor, Inc., 90 University Ave., requested a refund of penalty fees
from the Town due to the lack of knowledge that this assessment was outstanding at the
time of purchase of this company. Having identified the obligation the new management had
paid it immediately with the expectation that appeal to the Town would generate a refund.
John Gordon, 983 University, partner in company, asked to be able to pay the original fee
including interest to date and to receive a refund on the penalty fees.
There was no one else to address this issue from the audience.
Motion by Mr. Carlson, seconded by Mr. Hamilton, to close the public hearing. Carried
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unanimously.
Motion by Mr. Hamilton, seconded by Mr. Carlson, that this business and any other
business that buys out another and finds that the previous enterprise did not pay their
license, will have a 10% interest charge on the principle of the business licence fee that is
due but Town will not impose penalty fees. Motion failed with 3 nays and 2 ayes.
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BUSINESS LICENSE FEES CONT.
Motion by Mr. Ventura, seconded by Mrs. Benjamin, to deny the appeal. Carried by 3
ayes. Mr. Hamilton and Mr. Carlson voted no.
TREASURER'S REPORT/SEPTEMBER 1990
Treasurer's report of September 30, 1990 was received and filed.
HORSE-DRAWN CARRIAGE/HOLIDAY SPECIAL EVENT
Randi Kinman, 123 Los Astas, spoke for the Chamber of Commerce and the holiday
carriage rides and submitted a map showing the proposed route for the event.
Motion by Mrs. Benjamin, seconded by Mr. Carlson, that Council approve the request of
the Los Gatos Chamber of Commerce and the Downtown Association to sell carriage rides
during the first three weekends in December, and approve the request of the Los Gatos
Chamber of Commerce and the Downtown Association to locate a booth at both the Town
Plaza Park and the Old Town parking lot to sell tickets for the carriage rides. This motion to
include the revised map which was submitted this evening. Carried unanimously.
KEEP CLEAR ZONES/LOS GATOS BLVD & BLOSSOM HILL
Motion by Mr. Ventura, seconded by Mrs. Benjamin, that Council direct staff to install a
"Keep Clear" zone on Los Gatos Boulevard at Pine Ave. Carried unanimously.
Motion by Mr. Carlson, seconded by Mrs. Benjamin, that Council direct staff not to place a
"Keep Clear" zone at the driveway entrances on Blossom Hill Road. Carried by a vote of 4
ayes. Mr. Ventura voted no.
SOLID WASTE MANAGEMENT/WEST VALLEY CITIES/RESOLUTION 1990-227
Motion by Mr. Ventura, seconded by Mr. Carlson, that Council adopt Resolution 1990-
227 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING EXECUTION
OF AN AGREEMENT WITH THE CITY OF CAMPBELL, CITY OF MONTE SERENO, AND
CITY OF SARATOGA FOR THE PROVISION OF SOLID WASTE MANAGEMENT
SERVICES. This motion to include direction set by Council by consensus as follows:
1)Staff and other cities will hold informal study sessions which will be noticed to the
public asking for input on this issue. These sessions will be reported on by staff, and Council
will have this information in advance of decision making.
2)Town will work more aggressively on hazardous wastes and organic wastes.
3)Town will negotiate more diligently with Green Valley for an economical program for
hazardous and organic collection procedures. Carried unanimously.
Mr. Hamilton requested an opinion from the Town Attorney to a question which he had
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asked previously regarding a possibility of violation of Prop. 13 to raise the commercial rates
to cover recycling.
Mayor Ferrito left the dias due to a possible conflict of interest with the following agenda
item. Mr. Ventura proceeded with the meeting as the vice-chairman.
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WEEKLY-TIMES NEWSPAPER/LEGAL ADVERTISING/RESOLUTION 1990-228
Motion by Mr. Carlson, seconded by Mr. Ventura, that Council adopt Resolution 1990-228
entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING AGREEMENT
BETWEEN THE TOWN AND THE LOS GATOS WEEKLY-TIMES NEWSPAPER FOR
LEGAL ADVERTISING FROM NOVEMBER 1, 1990 THROUGH OCTOBER 31, 1991. This
motion will include a modification in Town fees for processing applications in order to cover
the increase in costs for publications. Carried by a vote of 3 ayes. Mayor Ferrito and Mrs.
Benjamin abstained due to a possible conflict of interest.
ROUTE 85/MEMORANDUM OF UNDERSTANDING/POLICY ADVISORY BOARD
RESOLUTIONS 1990-229 & 1990-230
Motion by Mrs. Benjamin, seconded by Mr. Ventura, that Council adopt Resolution 1990-
229 entitled, RESOLUTION OF THE TOWN OF LOS GATOS APPROVING AGREEMENT
REGARDING CREATION OF A POLICY ADVISORY BOARD FOR ROUTE 85, and
authorizing the Mayor to sign said agreement which is attachment four in agenda report.
Carried by a vote of 4 ayes. Mayor Ferrito voted no for reasons stated in previous record
and explained that the advisory board which was proposed in the resolution is the same one
that has existed for the last three years, the same one that was of no help to Los Gatos is
going to be making these decisions in the future.
Motion by Mrs. Benjamin, seconded by Mr. Carlson, that Council adopt Resolution 1990-
230 entitled, RESOLUTION OF THE TOWN OF LOS GATOS APPROVING
MEMORANDUM OF UNDERSTANDING FOR ROUTE 85. Both submitted MOUs being
approved and the appropriate one will be signed by the Mayor after the meeting Tuesday,
November 6, 1990. Carried by a vote of 4 ayes. Mayor Ferrito voted no for reasons
previously stated and that although the report indicated that current State standards were to
protect Los Gatos' interests regarding additional through lanes the State standards could
always be changed and given the history of Highway 85 they likely would be changed to get
extra lanes. Also the advisory board should not determine what goes in the median when
this decision has already been reached by compromise.
BUDGET/FIRST QUARTER 1990-91
Informational report on the 1990-91 budget for first quarter received and filed.
Mr. Carlson, spoke of having a budget plan in place in order to cut another 10 or 20% out of
Town's expense rate if necessary so as not to use any additional reserves.
Mr. Ventura, suggested that the Town assess the County for services we are currently
providing them, such as police services at Vasona Park and County islands, in order to offset
the fees County is charging Town for police services.
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PROPOSITION 149/RESOLUTION 1990-231
Motion by Mr. Hamilton, seconded by Mr. Carlson, that Council adopt Resolution 1990-
231 entitled, RESOLUTION OF THE TOWN OF LOS GATOS SUPPORTING
PROPOSITION 149 (THE CALIFORNIA PARK, RECREATION, AND WILDLIFE
ENHANCEMENT ACT OF 1990). Carried unanimously.
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MINUTES OF OCTOBER 15, 1990
Mr. Carlson requested correction to page 4, paragraph 4, to delete the word send in "that
this matter be sent back to the DRC..."
Mr. Ventura requested modification to page 5, under Teresita Way, center page, to add the
statement "nor protecting the privacy of the neighbors."
Motion by Mr. Carlson, seconded by Mr. Ventura, that Council approve the Minutes of
October 15, 1990 as amended. Carried unanimously.
MINUTES OF OCTOBER 18, 1990
Motion by Mr. Carlson, seconded by Mr. Ventura, that Council approve the Minutes of
October 18, 1990 as submitted.
CONGESTION MANAGEMENT AUTHORITY BOARD/ROTATION POLICY
WEST VALLEY CITIES' REPRESENTATIVE
Motion by Mr. Carlson, seconded by Mr.Hamilton, that Council ratify the selection process
to the Congestion Management Authority Board as follows:
1)Rotation of selection to be Campbell, Los Gatos, Cupertino, Saratoga, and Monte
Sereno.
2)If a city chooses to pass its term, that city moves down one step in the rotation.
3)The alternate is to move up to serve as representative.
4)If one has served as representative for more than half a regular term, that person may
not serve a consecutive full term as representative.
5)The alternate is to be an observer and not a participant except to ask questions which
have not been asked.
6)A 3/5's vote of the cities is required to confirm a particular selection as delegate or
alternate. If a 3/5's vote is not secured, the city whose turn it is to name the delegate or
alternate may propose another member of its city council as the delegate or alternate.
Motion carried with a vote of three ayes. Mr. Ventura and Mayor Ferrito voted no for reasons
stated in previous record.
ADJOURNMENT
Mayor Ferrito adjourned the meeting at 10:10 p.m.
ATTEST:
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Marian V. Cosgrove
Town Clerk
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