M 11-19-90TOWN OF LOS GATOS
CALIFORNIA
TOWN COUNCIL/PARKING AUTHORITY
November 19, 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 7:35 p.m., Monday, November 19, 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.
APPOINTMENTS/YOUTH ADVISORY BOARD
Applications were received for vacancies on the Youth Advisory Commission from Mark
Hottendorf, Karim Hruska, Kim Kolerus and Mary Stoecker. Interviews were held and
Council appointed the four applicants. Terms expire June 30, 1990.
APPOINTMENTS/MAYOR: BRENT VENTURA/VICE-MAYOR: ERIC CARLSON
Motion by Mr. Carlson, seconded by Mrs. Benjamin, that Council appoint Brent N.
Ventura as Mayor of the Town of Los Gatos for term November 19, 1990 through November
18, 1991. Carried by a vote of 4 ayes. Mr. Ventura abstained.
Motion by Mrs. Benjamin, seconded by Mr. Ferrito, that Council appoint Eric Carlson as
Vice-Mayor of the Town of Los Gatos for term November 19, 1989 through November 18,
1990. Carried by a vote of 4 ayes. Mr. Carlson abstained.
Request by Mr. Hamilton, that Council make its appointments of Mayor and Vice-Mayor at
the first regular meeting following the certification of the November election results. This
request will necessitate a change in Town Code. By consensus Council requested a report
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from staff regarding this proposed change.
PRESENTATIONS/NATIONAL NIGHT OUT AWARD
Mayor Ventura, presented the National Night Out Award to the Town of Los Gatos for its
participation with over 8,000 communities across the country. Los Gatos placed sixth within
the population category of under 40,000, and placed first within the State of California.
Larry Todd, Chief of Police and Gwen Cross, Community Service Officer accepted the
award for the Town.
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CLOSED SESSION
Mary Jo Levinger, Town Attorney, reported that Council had met prior to this evening's
meeting in Closed Session pursuant to Government Code Section 54956.9(a) to discuss
Pending Litigation in regards to State of California, et al., versus Rosendin Electric, Inc., et
al. That matter was discussed briefly and will be continued to the next closed session. Also
Pending Litigation of Rondi Tallent versus Town of Los Gatos, et al. There is no report from
that discussion.
Pursuant to Government Code Section 54956.9(b) to discuss Threat of Litigation regarding
Parking Lot #4. This item was not discussed.
Pursuant to Government Code Section 54956.9(c) to discuss Institution of Litigation
regarding 214 Bean Ave. There is no report at this time.
PAYROLL/RATIFICATION/NOVEMBER 1990
Motion by Mrs. Benjamin, seconded by Mr. Hamilton, for ratification of the accompanying
check registers for payroll of October 14 through October 27, 1990, in the amount of
$208,060.07 paid on November 2, 1990. Carried unanimously.
ACCOUNTS PAYABLE/RATIFICATION/NOVEMBER 1990
Motion by Mrs. Benjamin, seconded by Mr. Hamilton, for ratification of accompanying
check registers for accounts payable invoices in the amount of $388,996.73 paid on
November 2 and 9, 1990. Carried unanimously.
NORTH SANTA CRUZ AVE/STORM SEWER DRAIN EXTENSION
Motion by Mrs. Benjamin, seconded by Mr. Hamilton, that Council consider the project
-"Storm sewer extension on North Santa Cruz Avenue" - for the 1991-92 Capital
Improvement Program. Carried unanimously.
LOS GATOS BOULEVARD 16412/CONVALESCENT HOSPITAL/COMPLETION NOTICE
Motion by Mrs. Benjamin, seconded by Mr. Hamilton, that Council authorize the Mayor to
execute and the Town Clerk to record a Certificate of Acceptance and Notice of Completion
and for the Los Gatos Convalescent Hospital. Carried unanimously.
SHORT ROAD 16027/SUBDIVISION M-85-3/COMPLETION NOTICE
Motion by Mrs. Benjamin, seconded by Mr. Hamilton, that the Council authorize the
Mayor to execute and the Town Clerk to record a Certificate of Acceptance and Notice of
Completion for Subdivision No. M-85-3 located at 16207 Short Road. Carried unanimously.
DEL CERRO GARDENS/TRACT 8255/COMPLETION NOTICE
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Motion by Mrs. Benjamin, seconded by Mr. Hamilton, that Council authorize the Mayor to
execute and the Town Clerk to record a Certificate of Acceptance and Notice of Completion
for Tract 8255. Carried unanimously.
SPRING STREET/TOURNEY LOOP/STREET SIGNS
Motion by Mrs. Benjamin, seconded by Mr. Hamilton, that Council direct staff to install a
"Not A Through Street" sign and a street name sign at the intersection of Spring Street and
Tourney Loop. Carried unanimously.
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BLOSSOM HILL ROAD/TRAFFIC SAFETY/SCHOOL CHILDREN
Motion by Mrs. Benjamin, seconded by Mr. Hamilton, that Council direct staff to install
signs at overpass of Highway 17. These signs will direct bicyclists to walk their bike across
the overpass. Carried unanimously.
INFORMATION AND REFERRAL SERVICES/ANNUAL REPORT/FY 1989-90
Informational report regarding Information and Referral Services, Inc., annual report for the
1989-90 fiscal year.
LIBRARY BUILDING GRANT/PRE-SCREENING APPLICATION
Motion by Mrs. Benjamin, seconded by Mr. Hamilton, that Council approve the submittal
of the pre-screening application to the State Library in order to receive a statement of
competitiveness from the State Librarian. Carried unanimously.
MEASURE "A" EXPENDITURE PLAN REVISIONS
Informational report on the Measure "A" Expenditure Plan revision of October 15, 1990.
HAZARD MITIGATION GRANT APPLICATION/RESOLUTION 1990-232
Motion by Mrs. Benjamin, seconded by Mr. Hamilton, that Council adopt Resolution
1990-232 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE
TOWN MANAGER OR AUTHORIZED ALTERNATE TO EXECUTE ON BEHALF OF THE
TOWN AN APPLICATION IN THE OFFICE OF EMERGENCY SERVICES APPLYING FOR
A GRANT . Carried unanimously.
UNEMPLOYMENT COMPENSATION/GATES MC DONALD/RESOLUTION 1990-233
PROGRAM MANAGEMENT
Motion by Mrs. Benjamin, seconded by Mr. Hamilton, that Council adopt Resolution
1990-233 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING DAVID
W. KNAPP, TOWN MANAGER, TO SIGN AN AGREEMENT WITH GATES MC DONALD
AND COMPANY FOR UNEMPLOYMENT PROGRAM MANAGEMENT, effective January
1, 1991 through June 30, 1991 and subsequent extensions on an annual basis as approved
through the budget process. Carried unanimously.
DATA WEST CORP/ACCOUNTING SOFTWARE/RESOLUTION 1990-234
Motion by Mrs. Benjamin, seconded by Mr. Hamilton, that Council adopt Resolution
1990-234 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE
TOWN MANAGER TO EXECUTE A LICENSE CONTRACT ADDENDUM WITH DATA
WEST CORPORATION FOR THE INSTALLATION OF AN ACCOUNTING SOFTWARE
UPGRADE , not to exceed $7,500. Carried unanimously.
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CRASH/CITIZENS FOR RELIABLE AND SAFE HIGHWAYS/RESOLUTION 1990-235
Motion by Mrs. Benjamin, seconded by Mr. Hamilton, that Council adopt Resolution
1990-235 entitled, RESOLUTION OF THE TOWN OF LOS GATOS SUPPORTING CRASH
(CITIZENS FOR RELIABLE AND SAFE HIGHWAYS) EFFORTS TO DECREASE THE SIZE
AND WEIGHT OF COMMERCIAL TRUCKS. Carried unanimously.
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TOURNEY ROAD #3/ANNEXATION/RESOLUTION 1990-236
Motion by Mrs. Benjamin, seconded by Mr. Hamilton, that Council adopt Resolution
1990-236 entitled, RESOLUTION OF THE TOWN OF LOS GATOS APPROVING THE
ANNEXATION OF CERTAIN UNINHABITED TERRITORY DESIGNATED AS TOURNEY
ROAD NO. 3 TO THE TOWN OF LOS GATOS. Carried unanimously.
LOS GATOS BOULEVARD 15698/MUSICH/APPEAL DENIAL/RESOLUTION 1990-237
Motion by Mrs. Benjamin, seconded by Mr. Hamilton, that Council adopt Resolution
1990-237 entitled, RESOLUTION OF THE TOWN OF LOS GATOS DENYING APPEAL OF
PLANNING COMMISSION DECISION FOR APPROVAL OF REQUEST TO MODIFY
CONDITIONS OF APPROVAL TO PREVIOUS APPLICATION GRANTED FOR THE
OPERATION OF LONG'S DRUG STORES AND FOR A ONE YEAR TIME EXTENSION TO
THESE APPROVAL FOR PROPERTY IN THE C-1 ZONE. (15698 LOS GATOS
BOULEVARD - LONG'S DRUGS/STEVE MUSICH) which incorporates the Council findings
and decision at its meeting of November 5, 1990. Carried by a vote of 3 ayes. Mr. Ventura
abstained. Mr. Hamilton voted no for reasons stated in previous record.
VERBAL COMMUNICATIONS
Relocation:
Mark Mander, 56 Villa Ave, requested corrections to relocation plan amendments to reflect
language in motions of November 5, 1990 meeting as follows:
1)Amendment on Page 41, 1st paragraph, insert after third sentence.
a) would like words space possessed rather than space occupied used
b) would have seven rooms rather than six used in plan due to darkroom
2)Amendment on Page 42, Section D - Location of Housing to be Provided.
a) would like the word equivalent added so that the second sentence reads, "Use of
this area will insure that the displacees have equivalent access to their places of
employment and shopping."
b) the last sentence in this amendment was not mentioned within the motion.
c) additional compensation mentioned in the motion is not included.
Town Attorney stated that the final resolution had appeared before the Council, the
amendments and copy of the draft minutes were also forwarded to Council. The plan is a
general document but does incorporate the Council actions. To provide a larger spectrum to
review for housing, consideration of additional down town locations was included.
Mayor Ventura requested that Mr. Mander submit a short note to the Council stating the
concerns specified at this time so that Council and speaker feel that motions and concerns
have been incorporated.
Rapid Transit:
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Charles Moore, 4845 Felter Road, Milpitas, Consulting Civil Engineer with the Transit
Advocates Group, addressed Council on the subject of rapid transit in Santa Clara County
and the request for Council's continued support for transit in the median of Route 85. He
also submitted letters.
Hart Rumbolz, 2921 Miles Drive, Santa Clara, with the Transit Advocates Group, thanked
Council for its support of rapid transit with construction of Route 85.
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VERBAL COMMUNICATIONS CONT.
Blossom Hill Safety:
Robert Lipp, 1581 Rose Ave., asked that item #8 on the consent calendar be removed for
later discussion.
Motion by Mr. Carlson, seconded by Mr. Hamilton, to reconsider item #8, "Safety for
school children on Blossom Hill Road." Carried unanimously.
HEARINGS
TOP OF THE HILL RD 15308/PROPANE TANK/HEARING
Mayor Ventura stated that this was the time and place duly noted for public hearing to
consider appeal of the Central Fire Protection District's decision to have propane tank at
15308 Top of the Hill Road relocated in accordance with the Uniform Fire Code of 1988.
Appellants: Mr. and Mrs. Dashiell.
The following person from the audience spoke regarding this subject:
Tom Dashiell, 15308 Top of the Hill Rd., asked for a continuance so that the suppliers of
the tank could receive the report and be prepared for questions.
Motion by Mr. Carlson, seconded by Mr. Hamilton, to continue this public hearing to
December 17, 1990. Carried unanimously.
SOLID WASTE MANAGEMENT PLAN/1989 REVISION/SANTA CLARA COUNTY
RESOLUTION 1990-239/HEARING
Mayor Ventura stated that this was the time and place duly noted for public hearing to
consider adoption of "The 1989 Revision of the Santa Clara County Solid Waste
Management Plan."
There was no one in the audience to address this issue.
Motion by Mr. Carlson, seconded by Mrs. Benjamin, to close the public hearing. Carried
unanimously.
Motion by Mr. Carlson, seconded by Mrs. Benjamin, that Council adopt Resolution 1990-
239 entitled, RESOLUTION OF THE TOWN OF LOS GATOS APPROVING AND
ADOPTING THE SOLID WASTE MANAGEMENT PLAN FOR THE COUNTY OF SANTA
CLARA 1989 REVISION. Carried unanimously.
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ZONING ORDINANCE A-90-10/DANCING/LIVE ENTERTAINMENT/HEARING
Mayor Ventura stated that this was the time and place duly noted for public hearing to
consider approval of Zoning Ordinance A-90-10 permitting dancing and/or live entertainment
establishments in various zones with a Conditional Use Permit.
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ZONING ORDINANCE CONT.
The following person from the audience spoke regarding this subject:
Joe Hargett, President of the Downtown Association, 95 Church St., requested that this
item be continued until the business community can work out the ramifications of this
ordinance.
Mayor Ventura requested that staff prepare a definition of Live Entertainment and to be
clear as to the numbers involved, the places of performance, and frequency of activity. Is
chamber music classified the same as acoustical bands?
Motion by Mr. Carlson, seconded by Mrs. Benjamin, to continue this item until Tuesday,
January 22, 1991. Carried unanimously.
COLLEGE 126/EUCLID 24/SUBDIVISION APPLICATION/HEARING
Mayor Ventura stated that this was the time and place duly noted for public hearing to
consider Subdivision Application M-90-12 and Subdivision Application M-90-12A requesting
approval of a lot line adjustment to exchange approximately 1,490 sq. ft. of area at the rear
of each property and to divide the parcel fronting on to College Avenue into two lots in order
to construct a new single-family residence in the R-1:8000 Zone. Property Owners: Mike
Grabill, Chris Benson, John J. Hannegan and Marie Johnson.
The following people from the audience spoke to this issue:
Mike Grabil, 16768 Corcell Crt., asked for continuance in order to work with the
neighborhood on this issue.
Irwin Joseph, 135 College, addressed Council as the spokesperson for the College-Euclid
neighbors group.
Marian Pearce, 42 Oak Grove, concerned about traffic on College and the parking of cars.
Geff Darby, 90 Oak Grove, is totally opposed to this subdivision.
Betty Banasay, 59 College, would like to see more open space especially in this area.
Nancy Cardinet, 221 Jones Road, feels that the major problem is the traffic that already
impacts College Ave.
Motion by Mrs. Benjamin, seconded by Mr. Hamilton, to continue this public hearing to
January 7, 1991. Carried unanimously.
Mr. Carlson supported the motion with the expectation that appellants would meet with the
neighborhood.
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Mr. Ferrito supported the motion because he did not hear the neighbors oppose the
continuance or state unwillingness to return at least one more time.
Mr. Hamilton supported the motion due to the fact that four Planning Commissioners had
been absent the night the decision had been made.
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SCHEDULE OF PUBLIC HEARINGS
Motion by Mr. Carlson, seconded by Mr. Hamilton, to cancel the December 3, 1990
Council meeting due to a lack of a quorum caused by the absence of three Councilmembers.
The next Council meeting will be held December 17, 1990. Carried unanimously.
PARKING RESTRICTIONS CURBSIDE/MAIN STREET WEST/SANTA CRUZ AVE NORTH
RESOLUTION 1990-238
Motion by Mrs. Benjamin, seconded by Mr. Carlson, that Council adopt Resolution 1990-
238 entitled, RESOLUTION OF THE TOWN OF LOS GATOS CHANGING CURBSIDE
PARKING TIME LIMITS FROM 10 AND 30 MINUTES TO ONE HOUR. Carried
unanimously.
Mr. Hamilton and Mrs. Benjamin brought up the issues of uniformity of time limits in the
downtown parking district, visually clarifying our signs so they are more understandable and
reaccessing the post office parking spaces. They requested staff study these issues.
BLOSSOM HILL ROAD/TRAFFIC SAFETY/SCHOOL CHILDREN
The following motion was made during the consent items:
Motion by Mrs. Benjamin, seconded by Mr. Hamilton, that Council direct staff to install
signs at overpass of Highway 17. These signs will direct bicyclists to walk their bike across
the overpass. Carried unanimously.
There was a motion to reconsider during verbal communications as follows: Motion by Mr.
Carlson, seconded by Mr. Hamilton, to reconsider item #8, "Safety for school children on
Blossom Hill Road." Carried unanimously.
Robert Lipp, 1581 Rose Ave., requested that Council continue this item until further study
and input can be had from those that travel this location. He addressed the signage and
width of bridge.
Chris Lipp, student at Fisher Jr. High, told Council of incidents he experienced travelling to
and from school in this location.
Suggestions to speakers from Council were to contact CalTrans regarding the problems
encountered in this vicinity and request widening of the bridge and to contact State
Legislators regarding State Agency action.
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Mayor Ventura requested that staff return this report with a plan for a barrier (guard rail)
along the south side from the bridge up to Roberts Road and to check the creek trail for
safety features which may deter bicyclists from riding on the south side of the bridge
sidewalk.
By Council consensus this matter will be continued until January 7, 1991.
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UNIVERSITY AVE 983-B/PACSTOR INC/COX/BUSINESS LICENSE APPEAL/PENALTY FEES
Appeal of licensee regarding penalty fees imposed upon business license for business
located at 983-B University Ave. Property: Pacstor Inc. Appellant: Roger Cox.
Mrs. Benjamin requested that this item be continued in order to ad a third whereas to the
resolution as follows: Penalty has been applied and paid by over a hundred other
businesses delinquent in their license payments and by granting this appeal the Town would
deviate from established policy.
By Council consensus this matter will be continued to December 17, 1990.
MINUTES OF NOVEMBER 5, 1990
Mr. Ferrito requested modification on page 7, Route 85, "no" votes to read as follows: "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.", and "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.
Mrs. Benjamin requested correction to page 6, Horse-Drawn Carriage, to include the revised
map which was submitted that evening.
Mrs. Benjamin requested correction to page 8, Congestion Management, that the vote be
added which is as follows: "Motion carried with a vote of three ayes. Mr. Ventura and Mayor
Ferrito voted no for reasons stated in previous record."
Motion by Mrs. Benjamin, seconded by Mr. Carlson that the Minutes of November 5,
1990 be approved as amended. Carried unanimously.
PARKING LOT 4/PROJECT 8805/JOB SITE CONTAMINATION REPORT
NEIGHBORHOOD CONCERNS
Joan Tiernan, Ph.D., Engineering Manager with Applied GeoSystems, consultant for the
Town, summarized the conditions at Lot 4 of the Parking District regarding hazardous
wastes that were removed and the safety of this location at this time.
Dan McFadden, University Ave. resident, requested that actions regarding this lot take
place quickly and requested Town's plans for this site be solidified and acted upon. The
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residents affected by this lot feel unincluded in the process.
Nora Freeman, 123 University, would like to see the residents in this area be included in
the process of planning and implementing the remainder of this project.
Scott Broomfield, 115 University Ave., concerned about the time, cost and the remediation
process in order to complete this lot and would like a definite time at which the temporary lot
will be closed.
Joan Perry, 119 University, requests another ramp be put in to the lot to help alleviate all
the activity immediately behind certain homes.
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PARKING LOT 4 CONT.
Ron Leikens, 119 University, requests landscaping and movement of the exit ramp.
Council expressed concerns over including the neighborhood in the process mentioning
Parking Commission meetings, public hearings and resident of the area Andrea Holding who
serves on the Parking Commission. Clarification of time elements were made stating that
preliminary reports would be at in the end of December or beginning of January. Report was
received and filed.
MAIN STREET E. 123/RECREATION DEPARTMENT
HANDICAP ACCESSIBILITY/REMODELING
Motion by Mr. Carlson, seconded by Mr. Ventura, that Council deny the request to waive
fees and require restrooms be made accessible in Phase I of the construction plan, the
reasons in the report being clear and correct and consistent with Council's past actions.
Carried by a vote of 4 ayes. Mr. Hamilton voted no.
SANTA CRUZ AVE N. 27/CHAMPS ELYSEES/OGILVIE/RESTAURANT USE PERMIT
Diane Ogilvie, requested that she be granted an extension to her conditional use permit to
operate a restaurant at 27 N. Santa Cruz Ave.
Paul Ebrahemi, spoke of the unhealthy conditions of the establishment and the rental unit
upstairs during the twelve years he operated at this location.
Motion by Mr. Ferrito, seconded by Mr. Carlson, that Council deny the request to allow
until February 1, 1991 to reopen the restaurant at 27 North Santa Cruz Ave. This is a denial
without prejudice. Carried by a vote of 4 ayes. Mr. Hamilton voted no, requesting the
extension until the problems can be attended to.
POSTING TOWN NOTICES/THREE OFFICIAL LOCATIONS/ORDINANCE INTRODUCTION
This item introducing an ordinance establishing three official locations for the posting of
Town notices was tabled by Council consensus until December 17, 1990 in order to
consider locations that may be more visible and encompass more of the Town such as the
Post Office and shopping centers.
CODE ENFORCEMENT/REFERRALS TO TOWN ATTORNEY
Informational item received and filed.
ADJOURNMENT
Motion by Mr. Hamilton, seconded by Mr. Carlson, to adjourn this meeting at 11:26 p.m.
ATTEST:
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Marian V. Cosgrove
Town Clerk
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