M 02-19-1980281 .
February 19, 198 0
Los Gatos, Californi a
TOWN COUNCIL The Town Council of the Town of Los Gatos met in the Council Chamber s
of the Town Hall at 7 :45 p .m ., in regular session .
ROLL CALL PRESENT : Ruth Cannon, Thomas J . Ferrito, Mardi Gualtieri, Peter W .
Siemens and Mayor John B . Lochner
ABSENT : None
PLEDGE O F
ALLEGIANCE Given by all in attendance .
MINUTES Mrs . Gualtieri moved minutes of February 4, 1980,be approved as
submitted . Mrs . Cannon seconded . Unanimously carried .
COMMUNICATIONS 1 . Letter from George Stoddard, 15901 Blossom Hill Road, disagreein g
with Council's indecision on . matters at last Council meeting an d
his reason for filing for nomination to the Town Council, bu t
has been informed he . is not eligible as he was not registere d
voter at the time he filed .
2.Letter from Councilwoman Mardi Gualtieri stating her reasons fo r
her vote at the February 4, 1980 meeting on the subject of "Th e
appeal from the Planning Commission's approval of application s
for the construction of a 44 unit condominium at 17020 Wedge -
wood Ave .
3.Letter from Joan Bergsund, Mayor of the City of Tiburon, r e
Court decision on Agins Vs . City of Tiburon and asking fo r
financial support from cities and counties re this litigation .
Mrs . Gualtieri moved Council ask Attorney to investigate as t o
money that is being looked for and report back to Council in 2
weeks . Mr . Siemens seconded . Unanimously carried . Mr . Ferrit o
moved that Council, at this time, approve Attorney's request fo r
Amiens participation in Agins vs . City of Tiburon . (This is ite m
IX-B on the agenda). Mrs . Cannon seconded . Unanimously carried .
4.Letter from Stephen L . Millich, Attorney requesting the Town t o
authorize Town Attorney Hill to appear and argue at the ora l
arguments in San Francisco - Court of Appeal - re Court Consol -
idation in the event Mr . Millich is unable to do so . Mr . Siemens
moved request be granted . Mr . Ferrito seconded . Unanimousl y
carried .
5.Letter from Marie Royce, commenting on the adoption of Smokin g
Ordinance and questioned whether the Noodle Palace, Ednaray ,
Samba's and Magoo's are complying with the Ordinance . Mr . Ferrit o
moved the four restaurants be notified that they are to compl y
and have staff to followup and report-back .Mrs .Gualtier i
seconded . (Further vote held until Attorney reviewed th e
Ordinance later in the meeting .)
6.Letter from Dr . Norbert Gingold, 487 Wraight Ave ., complainin g
of the non-enforcement of the Smoking Ordinance .
7.Summons from Attorney Anthony M . D'Anna, filed on behalf o f
Raymond Cordero . Mr . Siemens moved this be referred to Attorne y
for necessary action . Mrs . Gualtieri seconded . Unanimousl y
carried .
8.Claim for damages for personal injuries filed by Attorney Gassett ,
Perry and Frank on behalf of Mike W . Zittle . Mrs . Gualtier i
moved claim be denied . Mr . Siemens seconded . Unanimousl y
carried .
9.Letter from Northern California Savings and Loan requestin g
Council permission to allow them to celebrate their grand openin g
on March 7th by having a chicken barbecue, This event would b e
held in the parking lot of Jolly Market directly across th e
street from the new office of Northern California Savings .
Northern California Savings will pay for all costs of this event .
Proceeds from the event to go to the Jaycees project . Mrs .
Cannon moved request be granted . Mr . Siemens seconded .
Unanimously carried .
10.Letter from Chamber of Commerce requesting permission to hol d
their spring promotion sidewalk sales on March 28 and 29, 1980 ,
and designating areas to be used .Mr s . Gualtieri moved permis -
sion be granted . Mrs . Cannon seconded . Unanimously carried .
11.Letter from ASSIST requesting the waiving of the rent for offic e
space in the Neighborhood Center for the ASSIST Program . Jil l
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282 February 19, 198 0
Los Gatos, Californi a
COMMUNICATIONS 11 . Cody explained to Council the approximate cost of this request .
(CONTINUED)Mrs . Cannon stated a policy should be set that Council eithe r
charges or does not charge and it is consensus of Council tha t
rents are necessary to share maintenance of the new building .
Mrs . Gualtieri moved that ASSIST be notified that Town wil l
continue to provide them with the one desk in the new Cente r
but if balance of the .ASSIST office moved into building ren t
will be charged . Mrs . Cannon seconded . Unanimously carried .
12.Notice from Pacific Gas and Electric Company re applicatio n
requesting authorization to revise its gas service tarif f
effective February 17, 1980 .
13.Letter from Paula Sklan, Vice President of Western Banya n
Corporation reporting on the proposals made by the Propert y
Owner's of Los Gatos on the gathering of data for rent contro l
review .
14.Letter from Thelma Andriese, re hazardous bicycle and traffi c
situation on Winchester, Davos Avenue and Farley Road an d
requesting staff to assess the situation . Mr . Ferrito move d
matter be referred to staff with report back to Council at th e
next meeting . Mr . Siemens moved motion be amended so repor t
would include the study of the area at Van Meter School on Lo s
Gatos Boulevard . Mr . Ferrito accepted amendment . Mr . Siemens
seconded . Unanimously carried .
15.Letter from O .L . Johns, referring to three different building s
that should be reviewed for possible building code violations .
Mrs .Gualtieri moved this matter be referred to staff fo r
further study . Mr . Ferrito seconded . Unanimously carried .
16.Revenue and Expenditure report for the month of January, 1980 ,
from office of Town Clerk .
17.Treasurer's monthly report for January, 1980 .
VERBA L
COMMUNICATIONS Tom Boyce, recent owner of property at 134 Wilder Avenue, wishes t o
repair and preserve this home but because of a Historic Designatio n
Zoning Overlay proposal in the Almond Grove District, he is unabl e
to get necessary permits to bring this building up to code standar d
and is asking Council to direct Planning Commission or"prope r
officials to issue necessary permits . Mr . Carl Bumpass, architect ,
also spoke on this subject, Planning Director, Lee Bowman, referre d
to section of the Town Zoning Ordinance which reflects th e
procedures re Historic Designation . Mr . Ferrito stated Council ha d
previously requested Planning to hold hearings and report back t o
Council on March 3rd with recommendation . Mr . Bowman stated Plan -
ning Commission has not held all hearings on this matter . Afte r
further discussion, Mrs . Gualtieri moved Council set hearing fo r
the Historic Designation Zoning Overlay proposal for March 17,1980 .
Mr . Siemens seconded . Unanimously carried .
Paula Sklan, from audience,reported on the Rental Property Owner s
of Los Gatos, stating they had started preparation of a question -
naire to circulate to rental property owners so they could obtai n
data to help Council when the rent relief re-evaluation came bac k
before the Council in six months . She also stated she would lik e
the Community Service and Development Commission and mediation grou p
work together with the landlords . Mrs . Sklan stated she would -
report to Council on the progress about once a month . After furthe r
discussion, Mrs . Cannon moved this be referred to Community Servic e
and Development Commission for study on mediation . Mr . Ferrit o
seconded . Mrs . Gualtieri suggested rent relief committee hav e
work session with HCD . Mayor stated rent relief committee would b e
disbanded :. Mr . Ferrito stated when he seconded the motion, he di d
not realize the rental committee,which Council just reactivated las t
meeting,was being disbanded . Mrs . Cannon stated that was no t
included in the motion . Clerk restated motion "Mrs . Cannon move d
this be referred to Community Service and Development Commissio n
for study on mediation . Mr . Ferrito seconded . Carried by roll cal l
vote of four ayes . Mrs . Gualtieri voted no .
Mrs . Clapp, from audience, questioned the Historic Designatio n
hearing that had been set previously .
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February 19, 198 0
Los Gatos, Californi a
VERBAL Ken 127 Mil.lrich, stated he would like to enforce the rul e
COMMUNICATIONS of five minute time limit per subject .
(CONTINUED )
RESURFACING Mrs . Cannon moved for the adoption of Resolution No . 1980-2 6
AGREEMENT entitled, RESOLUTION AUTHORIZING AGREEMENT BETWEEN CITY OF MONT E
SERENO AND TOWN OF LOS GATOS RELATING TO RESURFACING OF STREETS .
Mrs . Gualtieri seconded . Unanimously carried .
Mrs . Cannon moved for the adoption of Resolution No . 1980-27
entitled, RESOLUTION AUTHORIZING AGREEMENT BETWEEN COUNTY OF SANT A
CLARA AND TOWN OF LOS GATOS RELATING TO RESURFACING OF STREETS .
Mrs . Gualtieri seconded . Unanimously carried .
Mrs . Cannon moved for the adoption of. Resolution No . 1980-2 8
entitled, RESOLUTION AUTHORIZING AGREEMENT BETWEEN THE CITY OF SA N
JOSE RELATING TO RESURFACING OF STREETS . Mrs . Gualtieri seconded .
Unanimously carried .
RESTRIPING Mrs . Cannon moved Council accept staff recommendation on th e
MAIN STREET restriping of W . Main Street at N . Santa Cruz Avenue and authoriz e
AT N . SANTA Town forces to implement the striping changes . Mrs . Gualtier i
CRUZ AVENUE seconded . Unanimously carried .
SHANNON ROAD Mrs . Cannon moved Council accept staff recommendation on Shanno n
NO . 15 Road No . 15 annexation being submitted to LAFCO . Mrs . Gualtier i
ANNEXATION seconded . Unanimously carried .
NOTICE OF Mrs . Cannon moved Council approve Notice of Completion and Certifi -
COMPT,ETION cote of Acceptance for Tract No .6579 -Thomas C . Lauer, Condominiums ,
National and DeSoto .Mrs .Gualtieri seconded . Unanimously carried .
HUETTIG &Mr . Ferrito moved Council instruct the Town Attorney to procee d
SCHROMM .i with litigation . Mrs . Gualtieri seconded . Motion carries by rol l
ARBITRATION call vote of four ayes . Mrs . Cannon'voted no .
AWARD
RESOLUTION OF Mrs . Cannon moved for the adoption of Resolution No . 1980-2 9
COMMENDATION entitled, RESOLUTION COMMENDING GEORGE M . WOLFE . Mrs . Gualtier i
seconded . Unanimously carried .
DOWNTOWN Mrs . Cannon moved Council accept staff recommendation and establis h
NEIGHBORHOOD Sunday, 3 :00 p .m ., March 23, 1980 as the date for the Center's
CENTER - GRAND Grand Opening ceremony . Mrs . Gualtieri seconded . Unanimousl y
OPENING carried .
SIGN REGULATIONS Mayor Lochner stated this was the time and place duly published a s
public hearing to consider Planning Commission's recommendatio n
concerning sign regulations . There being no one in the audienc e
wishing to speak on this matter, Mrs . Gualtieri moved hearing b e
closed . Mr . Siemens seconded . Unanimously carried . Mrs . Cannon
moved reading be waived for "ORDINANCE OF THE TOWN OF LOS GATO S
AMENDING THE ZONING ORDINANCE CONCERING SIGNS". Mr . Siemens seconded .
Unanimously carried . Clerk read title . Mrs . Cannon .
moved Ordinance be introduced . Mr . Siemens seconded . Unanimousl y
carried .
CAMINO DEL SOL Mayor Lochner stated this was the time and place duly published a s
-_ NO . 3 ANNNEXATION public hearing and anyone wishing to speak may do so at this time .
Dr . Beebe 16201 Camino del Sol, stated he objected to the annexation .
Town Engineer, Mr . Warnick, asked the Town Clerk if any writte n
protests had been received . Town Clerk stated no written protest s
had been received . There being no one else wishing to speak on thi s
subject, Mr . Siemens moved hearing be closed . Mrs . Cannon seconded .
Unanimously carried . After furhter discussion, Mrs . Gualtieri move d
for adoption of Resolution No . 1980-30 entitled, A RESOLUTION MAKIN G
A FINDING REGARDING THE VALUE OF WRITTEN PROTESTS FILED AND NO T
WITHDRAWN AND ORDERING THE ANNEXATION OF CERTAIN UNINHABITE D
TERRITORY DESIGNATED AS "CANIINO DEL SOL NO . 3" TO THE TOWN OF LO S
GATOS .Mrs .Cannon seconded . Unanimously carried .-
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February 19, 198 0
Los Gatos, Californi a
TAXICAB RATE Mayor Lochner stated this was the time and place duly published a s
INCREASE public hearing to consider a taxicab rate increase . There bein g
no one in the audience wishing to speak on this subject, Mrs . Cannon
moved hearing be closed . Mrs . Gualtieri seconded . Unanimousl y
carried . After further discussion re the poor service received b y
the taxicabs, Mrs . Gualtieri moved reques t.for increase be denied ,
Mr . Ferrito seconded . Motion carried by roll call vote of thre e
ayes . Mrs . Cannon and Mr . Lochner voted no . Mrs . Gualtieri move d
the taxicab companies be informed the reason for denial of increase .
IUfr, Ferrito seconded . Mr . Ferrito moved letter be written statin g
request was denied because of poor service and Council would b e
willing to review in 6 months . Mr . Anderson of Alpha Cab Company
spoke on behalf of cab service and stated if increase was denie d
then there would be no taxi service in Los Gatos .
TRANSPORTATION Mfrs . Gualtieri stated she had attended the Transportation Commission's
COMMISSION meeting and they have been working to try and get some funds fo r
cities along the Corridor for hardship cases . The commissio n
requested Board of Supervisors to write to the Federal Highway Agenc y
to ask if they would please free the funds so that some of the mone y
could be used for hardship cases . Mayor Lochner stated he had a
letter drafted to the West Valley Transportation Corridor as t o
Council's action and ask that Council support a motion to refer thi s
letter to Department of Transportation with copies to be sent t o
legislators and also send copy with letter to the cities in Wes t
Valley and County which border the Corridor asking for their suppor t
and urging the State to consider this as hardship situation . Mrs .
Gualtieri suggested letter to state that it was a split vote an d
not unanimous where it says "Town felt it could not deny development".
After further discussion it was ordered letter be prepared and sen t
as stated .
PUBLIC FACILITIES Mr . Ferrito moved Council direct staff to draft Ordinance establishin g
ZONE a Public Facilities Zone and have Planning study all school sites .
Mr . Siemens seconded . Carried by vote of four ayes . Mr . _Lochner
voting no .
COUNTY REFERRALS Mrs . Gualtieri referred to Saratoga referral C-196 Quito Road -
Zone change from C-N to C-V to allow 24 multi-family units on lan d
within Route 85 corridor, stating she would like to refer back t o
letter to the Transportation Commission . Nrs . Gualtieri moved tha t
Council should change the last paragraph of the letter to say "th e
State should take immediate action - that-Caltrans expedite th e
completion of this EIS so that allocated funds for the protection o f
the corridor can be released by the Federal Highway immediately ."
Also a copy of this letter be sent to Saratoga as the Town's commen t
to their referral C-196, and accept staff recommendations on othe r
referrals . Mrs . Cannon seconded .. Unanimously carried .
LOS ROBLES WAY Mayor Lochner stated report should be noted and filed .
REZONING
C .B . HANNEGANS Mr . Bowman informed Council that this project is a non-conformin g
208 BACHMAN use and referred to sections of Town Zoning Ordinance . Counci l
questioned parking requirements . Bert Millen, owner of the buildin g
stated there was parking at the rear,of building and he spoke highl y
of the project . Council questioned as to how many seats were in th e
restaurant . It was stated 125 . Mr . Reedy, Attorney, for th e
applicants stated they would see that a statement as to how man y
seats would be given to Planning for the records .
REZONING Mrs . Cannon moved Ordinance No . 1458 be adopted, AN ORDINANCE OF TH E
1595 1 -LOS GATOS TOWN OF LOS GATOS AMENDING THE ZONING ORDINANCE EFFECTING ZONE CHANG E
BOULEVARD NO . 36 FROM CH AND R-1 :8,000 TO "0". Mr . Siemens seconded .
Unanimously carried .
ZONING AMiEN V1ENT Mr . Ferrito moved for adoption of Ordinance No . 1459 entitled ,
STOCK ORDINANCE OF THE TOWN OF LOS GATOS AMENDING ZONING ORDINANC E
COOPERATIVES CONCERNING CONDOMINIUMS . Mrs . Cannon seconded . Unanimously carried .
4
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February 19, 19$0
Los Gatos, Californi a
REVERSIBLE
TRAFFIC LANE S
PALNNING STAFF
TLUIE
AMICUS
PARTICIPATIO N
AGINS vs CITY
OF TIBURO N
OAK I+W PARK
USE FEE
Mayor stated staff report on reversible tarffic lanes be accepted .
Council accepted report .
This was approved early in the agenda by following action . Mr .
Ferrito moved request be granted . Mrs . Cannon seconded . Unanimousl y
carried . Mr . J .D . Vanderlaan, from audience, spoke against thi s
action .
Mrs . Cannon moved staff recommendations on the fees for use of Oa k
Meadow Park be accepted . Mr . Siemens . seconded . Unanimously carried .
Mrs . Gualtieri left the meeting at 10 :10 p .m .
Ardith Sams, Chairman of Park Commission, spoke on behalf of the '
project . Council questioned the proposed chain link fence an d
possibility of installation of some bike racks . Joe Maloof, 11 6
Worcester Loop, presented petition signed by owners in the are a
requesting this park be kept and maintained in its natural state .
Also speaking on the plan proposals were Dr . Mel Carter, J .D . Vander -
laan and Joey Benjamin . After further discussion, Mrs . Cannon
moved that site plans alternate C be approved and instruct staff t o
proceed with working plans . Motion to include minimal bike rack s
and chip seal on pathways . Mr . Siemens seconded . Unanimousl y
carried .
Mrs . Cannon moved staff report be accepted . Mr . Siemens seconded .
Unanimously carried .
It was consensus of Council the matter of enforcement of Smokin g
Ordinance be agendized for next meeting .
Mayor Lochner declared meeting adjourned at 10 :45 p .m .
Rose E . Aldag
Town Cler k
WORCESTER PARK
SITE PLAN
GANN & JARVI S
11 INITIATIVE S
SMOKING
ORDINANC E
ADJOURN