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M 09-08-198140 September 8, 195 1 Los Gatos, Califori a TOWN COUNCIL The Town Council of the Town of Los Gatos met in the Counci l Chambers of the Town Hall at 7 :30 p .m ., in regular session . ROLL CALL PRESENT : Ruth Cannon, Thomas J . Ferrito,MarLyn J . Rasmussen , Brent N . Ventura and Mayor Peter W . Siemens . ABSENT : None . PLEDGE O F ALLEGIANCE Given by all in attendance . MINUTES Mr . Ferrito corrected Page 1, (Appeal of Bacci Spinazzi Condo's at 758, 766 and 768 Pollard Road) to read, "Mr . Ferrito move d Council reverse Planning Commission's decision and grant th e Use Permit ." Deleting the words, ".. for fifteen units ..". Mr. Ferrito moved minutes of August 3rd, be approved as correcte d and approve August 10, 1981, minutes .Mrs .Cannon seconded . Carried by a vote of three ayes Mrs .Rasmussen and Mr . Ventur a abstained . 1.Letter from Rosalie : Lincoln, resigning from the Cultura l Resources Commission . Mrs . Cannon moved to accept th e resignation with regret . Clerk be instructed to advertis e for vacancy and a Resolution of Appreciation be drafted . Mrs .Rasmussen seconded . Unanimously carried . 2.Letter from Anna Ellis, 15485 National Avenue, requestin g the installation of a cross walk on Los Gatos-Almaden Roa d between Verde Court & El Gato Lane . It was consensus o f Council that this matter . be referred to staff for further study and report back to Council at alater date .. 3.Letter from O . L .Johns concerning the bus stop locate d adjacent to his store at 151 N . Santa Cruz Avenue . Mr s Rasmussen moved to accept staff recommendation and direc t staff to monitor this matter . Mrs . Cannon seconded.. Unanimously carried . /. Petition_ signed by 120 residents of Wedgewood and Lora . Drive requesting that strop signs on Wedgewood Avenue a t Lora Drive and Wimbledon Drive, not be removed . Directo r of Public Works, James Van Houten, stated the staff recommend s no change and the signs will remain . Mr . Fred Johnson , referred to the petition and spoke on the necessity of sai d signs . 5.Letter from Brad Armstrong, owner of Runner's Factory , requesting permission to hold their second Annual Summi t Marathon on Sunday, November 15, 1951 . Mrs . Rasmusse n questioned where proceeds from the race would go and fel t Council should have form for organizations request whic h would designate just where the proceeds would go . Mrs . Cannon moved to approve said request, subject to receivin g information as to the disposition of proceeds from the race . Mr . Siemens seconded . Unanimously carried . 6.Letter from Tri-County Appartment Association, Inc ., statin g . the Retaliatory Evictions under the Town Mediation Ordinanc e contradicts the State Code . Mr . Hays, Town Attorney, reporte d to the contrary on this . Report noted and filed . 7 Letter from Gaye Pare, requesting refund on payment of varianc e fees to the Town . Mrs . Cannon moved Council accept staf f recommendation and refund a portion of the fees in the amoun t of $60 .00 . Mrs . Rasmussen seconded . Unanimously carried . 8 . Letter from County of Santa Clara stating the joint agreemen t with the Town to continue the West Valley Outreach Progra m will terminate September 30, 1981 . Mrs . Rasmussen move d Council accept staff recommendation and authorize staff t o begin discussion with the municipalities of Monte Sereno , Saratoga, and Santa Clara County on alternative ways t o provide Youth Outreach Program services . Mr . Ventura . seconded . Unanimously carried . WRITTE N COMMUNICATION S (ACTION) _I - WRITTEN 9 COMMUNICATION S (ACTION ) (CONTINUED) 10 . WRITTEPd COMMUNICATIONS 1 2 . Application for permission to file late claim of Willia m Sheridan against the Town of Los Gatos . Mr . Ventura move d to accept staff recommendation and deny said claim . Mrs . Rasmussen seconded . Unanimously carried . Claim filed on behalf of the Pacific Telephone Company . O n recommendation of staff, Mrs . Rasmussen moved claim be denie d and referred to the insurance company . Mr . Ventura seconded . Unanimously carried . 3.Letter from the City of Daly City and the City of Palm Deser t requesting Council's support on Investigation and Analysi s of the Investment Policies of the California Public Employee s Retirement System in an effort to increase rate of return . Mrs . Rasmussen moved staff send letter to various citie s stating the . Town continues to support that issue and enclos e a copy of the Town's Resolution No . 1981-24 . Mr . Ferrit o seconded . Unanimously carried . 4.Letters from the City of Santa Clara, Board of Supervisor s of Stanislaus County and John E . Thruman, Assemblyman, twenty - seventh District opposing the release of William Archie Fai n from prison and requesting the Town's support in this protest . Mrs . Rasmussen moved letters be written giving the Town's support, against the parole of W . Fain . Mrs . Cannon seconded . Unanimously carried . 5.Letter from Mr . & Mrs . Gordon Vallandigham, 229 Montclai r Road, opposing the contemplated development of high densit y units being built on Blossom Hill Road . (Later agenda item V-A). Letter from Angela & Joseph Cono, 15701 Oak Knoll Drive , Monte Sereno, protesting the proposed Bandov subdivisio n located on Daves Avenue and Oak Knoll Drive . (Later agend a item V-C ) 7.Letter from the Church of Jesus Christ of Latter-Day Saints , requesting the Town to proclaim November 22-29, 1981, a s National Family Week . Mrs . Rasmussen moved Mayor sign sai d proclamation . Mr . Ferrito seconded . Unanimously carried . 8.Informational report received from Town Mediation Board r e Los Gatos Mobile Home Park Resident complaints . Note an d file . 9.Letter from Sebastain J . Guardino . 1781 Coolev Court . Sa n Jose . CA .. with comulaint of treatment received by a Lo s Gatos Police Officer . Mrs . Rasmussen moved to accept staf f recommendation that this matter be noted and filed . Mrs . Cannon seconded . Unanimously carried . 10.Letter from the City of Monte Sereno requesting Council t o consider providing police services to the City of Mont e Sereno . After some discussion,- it was consensus of Counci l to direct staff to prepare proposal and bring back t o Council at a later date .. 11.Letter from Santa Clara Valley Water District, stating th e Town is represented on the Central and North Central Floo d Control Zone Advisory Committee by James Van Houten, Repre - sentative, and Lee Bowman, Alternate . Nominations or renom i - nations to the committee is necessary for the next term . Mrs . Letter from the City of Palo Alto, requesting the Town o f Los Gatos to join them in requesting the Board of Supervisor s to reinstate the full program of land development referrals . Mrs . Cannon moved Council accept staff recommendation and a letter be sent to the Board of Supervisors commending the m for re-establishing the County Referral Process . Mr . Ventura seconded . Unanimously carrie d Letter from Mr . &Mrs . Kanada and Mr . & Mrs, Kertesz , requesting a name change for a private road off Blossom Hil l Road . Mrs . Rasmussen moved request be denied and reaffir m the Town's uolicv of not nami ng -p rivate driveways or assignin g addresses to them . Mrs . Cannon seconded . Unanimousl y carried . 4 1 September 8, 198 1 Los Gatos, Californi a - 2 - September 8, 198 1 Los Gatos, Californi a WRITTEN 11 . Cannon moved to reappoint Mr .Van Houten and Mr . Bowman . COMMUNICATIONS Mrs . Rasmussen seconded . Unanimously carried . (CONTINUED)12 Letter from Ming Quong, stating they appreciated the hel p from the Town which made their Strawberry Festival a succes s and next year their festival will be held the first or secon d weekend of June, 1982 and are requesting that they b e included in the Community Budget Allocations . Manage r reported on the fund balance . Mr . Ferrito directed staff t o investigate the request and make a recommendation to Counci l at a later date . Mrs . Cannon seconded . Carried by a vot e of four ayes . Mrs . Rasmussen abstained . 13.Letter from the Chamber of Commerce requesting permission t o hold a Dixieland Jazz Jubilee the afternoon of November 15 , 1981 . Discussion was held as to exactly where the band s would be playing and the hours they will play . After furthe r discussion, Mr . Ferrito moved to have staff investigate th e request and report back to Council at a later date . Mrs . Rasmussen seconded . Unanimously carried . 14.Letter from Preston Hill, Attorney representing Westerne r Pre-School, requesting that the appeal on Use Permit U-63-2 scheduled for September 21, 1981, be continued to a dat e early next March as the Planning Commission will have mad e their final decision by then . After further discussion, Mrs . Rasmussen, on consensus motion for the meeting of Septembe r 21, 1981, this will be continued as requested and notice s of this continuation be sent to property owners in the area , (as stated by Mr . Hill, Mrs . Storm will make said notification s and copy to be sent to Mr . Bowman). Mrs . Cannon seconded . Unanimously carried . 15.Letter from Jack Panighetti of the Park Protection League , stating the League's position re the condemnation of th e Novitiate Lands and requesting that the matter be'place d before the voters and taxpayers . The League also-request s a written reply to this communication giving full detail s of the Town's intention . Mrs . Rasmussen moved staff t o respond to this letter . Mr . Ventura seconded . Unanimousl y carried . FEES FOR Mayor Siemens spoke on policy regarding fees charged for duplicatio n DUPLICATION of various charges to the public . After some discussion, Mr . Ferrito moved this be referred to staff to gather information a s to various cost and staff to report back on actual cost to th e Town on reproductions . Mrs . Rasmussen seconded . Unanimousl y carried . WRITTEN 16 .Revenue and expenditure reports from the Office of Town COMMUNICATIONS Clerk for the month of July, 1981 . (CONTINUED)17 .Treasurer's reports for the months of June and July, 1981 . BID AWARD Mr . Ventura moved Council accept staff recommendation and awar dTRAFFICthe Bid for traffic signal maintenance to Signal Maintenance , SIGNAL Inc ., and adopt Resolution No . 1981-178 entitled, RESOLUTIO N AUTHORIZING TRAFFIC SIGNAL MAINTENANCE AGREEMENT and authorize the Mayor to sign said agreement on behalf of the Town . Mrs . Rasmussen seconded . Unanimously carried . BID AWARD Mrs .Cannon moved Council accept recommendation and award bi d PARATRANSIT to Kent Kitterman, Inc ., for the purchase of one Dodge B35 0 VAN Maxivan, at the low bid of $23,659 .00 plus additional $400 .0 0 for â 1982 chassis . Also requested, from staff, a report o n how much the Town has spent on handicap access (this to includ e curb cuts, etc .) and present to Council at the October 5, 198 1 meeting . Mrs . Rasmussen seconded . Unanimously carried . RECESS Mayor Siemens declared a recess . Meeting reconvened at 9 :05 p .m . -3 4 3 David Moore, 424 Hershner Drive, spoke on problems of operatio n 445 LEIGH AVENUE to the Stop-N-Go Market on Leigh Avenue and presented petitio n signed by 130 residents in the area, requesting Council t o resolve the continuing problems by possible restricting parkin g in and around the store ; requiring evening security guards t o curb the continuous loitering andrestriciting the hours o f operation of the market .Mr .Moore stated these problems hav e been in existance since the opening of the store in 1966 an d is requesting the Council to declare the store a public nuisanc e and order the store closed . Discussion was held as to stor e hours and various possibilities of remedies .Bonnie Wheele r and Mr . Adams also spoke on the problems . Bill Fontaine , Manager of the Stop-N-Go Markets stated some of the problem s have been managers but feels they have a good store manage r now . After further discussion, Mr . Ferrito moved Counci l direct the Town Attorney to research the question of shorte r amortization period for possible change in uses ; staff t o examine possible land use control and conditional permit an d request the Planning Commission to determine possible use o f Conditional Use Permits to control hours of operation fo r convenience stores . Mr . Ventura seconded . Unanimously carried . Mr . Ventura moved the Town Attorney be directed to file sui t against the store as a public nuisance and to pursue revocatio n of liquor license . Mr . Ferrito seconded . Unanimously carried . ZONE CHANGE Mayor Siemens stated this was the time and place duly publishe d LATOS PROPERTY for public hearing on Zone Change Application A-80-17 an d draft Environmental Impact Report EIR-80-2 of Richard . and Nancy Latos . Dick Stowers, Architect for the project, spok e for the project and zone change . Marion Elmore, 167 LuRa y Drive, spoke in opposition of the development, stating propert y not suitable for such development . Mrs . Elmore also state d a petition with 150 signatures opposingsaid development ha d been filed . Mabel Guess, Henry Daggett and Frank Lewis als o spoke in opposition of the development . Discussion was hel d re entry into the development and whether the roadway woul d accomodate firetrucks, etc . There being no one else wishin g to speak on this matter, Mr . Ventura moved the hearing b e closed .Mrs .Rasmussen seconded . Unanimously carried . Mrs . Cannon moved to waive the reading for AN ORDINANCE OF TH E TOWN OF LOS GATOS AMENDING THE ZONING ORDINANCE EFFECTING ZON E CHANGE NO . FROM R-l :8 TO R-1 :8-PD . Mr . Ferrito seconded . Unanimously carried . Clerk read title . Mrs . Rasmussen move d Council certify the Environmental Impact Report EIR-8O-2 . Mrs . Cannon .seconded . Carried by a vote of three ayes .Mr . Ferrito and Mr . Ventura voting no . Discussion was held o n the substance of the ordinance and Mayor Siemens suggeste d the ordinance be amended by adding under Official Developmen t Plan #11 - Height of building is limited to 24' above averag e ,e °-grade to the peak of the roof . #12 Addition of a soun d lei ea- g8/ barrier and landscaping along property line at time o f •l•Architecture and Site review .Mrs .Cannon moved Council find s the Zone Change is consistent with the General Plan an d therefore approves the zone change and the ordinance b e introduced as amended . Mrs . Rasmussen seconded . Carried b y a vote of three ayes . Mr . Ferrito and Mr . Ventura voting no . ZONE CHANGE Mayor Siemens stated this was the time and place duly publishe d 16615 LARK for public hearing to consider zone change application Z-81-$, AVENUE requesting zone change from R-M ;5-12 to "0" on property locate d at 16615 Lark Avenue . There being no one in the audienc e wishing to speak on this matter, Mr . Ventura moved hearing b e closed . Mr . Ferrito seconded . Unanimously carried . Mr . Ventura moved reading be waived for AN ORDINANCE OF THE TOW N OF LOS GATOS AMENDING THE ZONING ORDINANCE EFFECTING ZON E CHANGE NO .FROM R-M :5-12 TO "0". Mrs . Cannon seconded .. STOP-N-GO MARKET .4 ZONE CHANG E 16615 LARK AVENU E (CONTINUED ) VERBA L COMMUNICATION S BANDOV APPEAL 17962 DAVE S AVENUE APPEAL ON ZONE CHANGE AT 831 & 835 POLLARD ROAD (BOITANO ) CONTINUIN G MEETIN G APPEAL - TOP OF THE HIL L ROAD (MAXHIMER ) ENGLEWOO D AVENUE NO .2 ANNEXATION September 8, 1981 Los Gatos, Californi a Unanimously carried .Clerk read title . Mrs . Rasmussen move d Council make negative declaration and ordinance be introduced . Mrs . Cannon seconded . Unanimously carried . Mr . Ken Goldman, 113 Fremont Court, stated he wished t o register a complaint against the John Lotz Golf range . Mr . Goldman stated golf balls are hitting his house and causin g damage . He also stated there is no protection around th e driving range and he has contacted Mr . Lotz, but nothing ha s been done . Mr . Ferrito moved this be referred to the Plannin g Commission for revocation proceedings on Use Permit . Mr . Ventura seconded . Unanimously carried . Mayor Siemens stated this was the time and place duly publishe d for public hearing on the appeal of Planning Commission's decision to deny the 7-lot subdivision for property locate d at 17962 Laves Avenue . Mr . George Tobin, Attorney representin g Mr . Bandov, presented to the Clerk, for Town records, th e reasons for the appeal and a copy of the Plan Line Ordinanc e which was adopted in 1976 and is still in existance . Mr . Joh n Ottoboni, Kavin Lane, spoke on concerns of the neighbors . F . Lewis, representing Mr . Hulme & Mr . Collishaw, requeste d Council's support of the appeal . Mr . Joe Cono, 15710 Oa k Knoll Drive, spoke in opposition . There being no one els e wishing to speak on this issue, Mr . Ventura moved hearing b e closed . Mrs . Rasmussen seconded . Unanimously carried . Mr . Ferrito moved appeal be denied . Mr . Ventura seconded . Unanimously carried . Mr . Ferrito moved to instruct the Planning Commission to consider amending the Plan Line Ordinance . Mr . Ventura seconded . Unanimously carried . The Town Attorney is to draw up a resolution denying the appeal an d -present to Council at their next meeting . Mr . Ventura moved this matter be continued to 9-2141 ., a s requested (in a timely manner) by Mr . Boitano . Mrs,. Canno n seconded . Unanimously carried . It is after midnight and Mr . Ferrito moved to continue th e meeting until the balance of the public hearings are heard . Mrs . Cannon seconded . Unanimously carried . Mrs . Rasmussen left the meeting at 12 :25 A .M . Mayor Siemens stated this was the time and place duly note d for the continued public hearing on the appeal of Plannin g Commission's decision to place conditions as to road widenin g and grading around or removal of certain trees on the approva l of the construction of a single-family dwelling on Top o f the Hill Road . Preston Hill, Attorney for the appellant , stated conditions placed on this property are unnecessary an d spoke for the appeal . Ed Johnson spoke on his rights o f access across property and asked Council to deny the appeal . After further discussion and no one else wished to speak o n this issue, Mr . Ventura moved hearing be closed . Mr . Ferrit o seconded . Unanimously carried . Mr . Ventura moved appeal b e denied with condition that any trees removed from the Johnso n property be replaced one-for-one (subject to approval of th e Parks Superintendent). Mr . Ferrito seconded . Unanimousl y carried . The Town Attorney is to draw up a resolution an d present to Council at their next meeting . Mayor Siemens stated this was the time and place duly publishe d for public hearing on the Englewood Avenue No . 2 Annexation . the Director of Public Works, James Van Houten, stated n o written protest have been received . There being no one in th e - 5 4 5 ENGLEWOOD AVENUE audience wishing to speak on this issue, Mr . Ferrito move d NO . 2 ANNEXATION hearing be closed . Mr . Ventura seconded . Unanimousl y (CONTINUED)carried . Mr .Ferrito moved Resolution No . 1981-179 entitled , A RESOLUTION MAKING A FINDING REGARDING THE VALUE OF WRITTE N PROTESTS FILED AND NOT WITHDRAWN AND ORDERING THE ANNEXATIO N OF CERTAIN INHABITED TERRITORY DESIGNATED AS ENGLEWOOD AVENU E NO . 2 TO THE TOWN OF LOS GATOS .Mr .Ventura seconde d Unanimously carried . TAXI CAB RATE Mayor Siemens stated this was the time and place duly publishe d INCREASE for public hearing to consider the request for increase i n taxi rates by Yellow Checker Cab Co,and Alpha Cab Co . Ther e being no one in the audience wishing to speak on this issue , Mr . Ventura moved hearing be closed . Mrs . Cannon seconded . Unanimously carried . Mrs . Cannon moved reading be waive d for AN ORDINANCE AMENDING SECTION 29-44 OF THE LOS GATOS TOW N CODE RELATING TO THE REGULATION OF TAXI FARES . Mr . Ventur a seconded Unanimously carried . Town Clerk read title . Mrs . Cannon moved ordinance be introduced . Mr . Ventura seconded . Unanimously carried . Council also stated that all futur e requests for increases should be considered jointly wit h other surrounding cities . ADJOURNMENT Mrs . Cannon moved meeting be adjourned at 1 :15 A .M ., and b e continued at 3 :00 P .M ., Wednesday, September 9, 1981 . Mr . Siemens seconded . Unanimously carried . - ATTEST :