M 08-21-89`TOWN OF LOS GATOS CALIFORNIA
TOWN COUNCIL/PARKING AUTHORITY AGENDA
AUGUST 21, 1989
MINUTES
TOWN COUNCIL
The Town Council/Parking Authority of the Town of Los Gatos met in the Council
Chambers of Town Hall, 110 E. Main St., at 7:50 p.m., Monday, August 21, 1989, in
regular session.
ROLL CALL
PRESENT: Eric D. Carlson, Thomas J. Ferrito, Robert L. Hamilton,
Brent N. Ventura and Mayor Joanne Benjamin.
ABSENT: None.
PLEDGE OF ALLEGIANCE
Given by all in attendance.
PRESENTATIONS/ELIZABETH HERLINGER/JOHN SMART/LIBRARY
Presentations were made by Mayor Benjamin to two volunteers who have actively
served the Library for many years. Elizabeth Herlinger has served for fourteen years,
and John Smart has served for twenty-nine years.
CLOSED SESSION
Mary Jo Levinger, Town Attorney, reported that Council had met in Closed Session at
the close of the August 7, 1989 Council meeting. Pursuant to Government Code
Section 54956.9(a) to discuss Myer v. Pang Litigation, Council indicated that they were
willing to settle that matter at no cost to the Town. Under the same Section Town v.
Lake/Faltersack there is no report at this time.
Pursuant to Government Code Section 54956.9(c), Institution of Litigation, the item of
the Fee Property was discussed and there is no report at this time.
Pursuant to Government Code Section 54956.9(c), Institution of Litigation, concerning
the acquisition of Land for the Library, there is no report at this time.
For this evening's Council Agenda, pursuant to Government Code Section 54956.9(a),
Ho v. Town Council, there is no report at this time.
Pursuant to Government Code 54956.9(a), Town v. Lake/Faltersack, was not discussed
at this session.
Pursuant to Government Code 54956.9(a), Town v. Todd Robillard, et al; there is no
report at this time.
Workers Compensation regarding Timothy Morgan was discussed; settlement was
authorized.
Pursuant to Government Code Section 54956.9(c), Institution of Litigation, regarding
Underground Contamination Cleanup; there is no report at this time.
Pursuant to Government Code Section 54956.9(c), Institution of Litigation, regarding
Villa Vasona, Ltd; this item was not discussed and it will be discussed at the end of this
evening's meeting.
GREENRIDGE TERRACE 16070/OW: FISH/SANTA CLARA COUNTY HEALTH
Motion by Mr. Hamilton, seconded by Mr. Ventura, that Council set a hearing for
September 5, 1989 to hear the appeal of the County Health Officer's decision filed by
Duane and Susan Fish. Carried unanimously.
SCHEDULE OF PUBLIC HEARINGS
Informational report to Council regarding currently scheduled public hearings.
COUNCIL CALENDAR OF MEETINGS
Informational review of Council meetings/months of August and September, 1989.
PAYROLL RATIFICATION/AUGUST 11, 1989
Motion by Mr. Hamilton, seconded by Mr. Ventura, for ratification of payroll in the
amount of
$202,114.05 and accompanying check registers for the payroll of July 23 trough August
5, 1989 paid on August 11, 1989. Carried unanimously.
ACCOUNTS PAYABLE RATIFICATION/JULY 1989
Motion by Mr. Hamilton, seconded by Mr. Ventura, for ratification of the check register in
the amount of $567,648.23 for accounts payable invoices paid on August 11, 1989.
Carried unanimously.
ALCOHOLIC BEVERAGE LICENSE TRANSFER
Motion by Mr. Hamilton, seconded by Mr. Ventura, that Council accept report regarding
the following transfers:
1) Union Ave. 258, (Southern Comfort), Jeffrey Benzler & Stanley Schwartz.
2) College Ave. 300, (Mirassou Champagne Cellars), Mirassou, Daniel, James & Peter.
Carried unanimously.
ASSEMBLY BILL 145/STATE PARK BOND ACT
Motion by Mr. Hamilton, seconded by Mr. Ventura, that Council go on record opposing
Assembly Bill 145, the proposed State Park Bond Act as it is presently written and
correspond with appropriate elected officials representing the Town of Los Gatos,
regarding Assembly Bill 145. Carried unanimously.
FORRESTER ROAD 210/REVOCABLE ENCROACHMENT PERMIT/RESOLUTION
1989-143
Motion by Mr. Hamilton, seconded by mr. Ventura, that Council adopt Resolution 1989-
143 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING TOWN
ENGINEER TO ISSUE A REVOCABLE ENCROACHMENT PERMIT FOR AN
EXISTING FENCE IN THE PUBLIC RIGHT-OF-WAY ALONG 210 FORRESTER
ROAD, which allows the use of a portion of the public right-of-way for an existing fence
for Robert T. Bruce. Carried unanimously.
FORRESTER ROAD 222/REVOCABLE ENCROACHMENT PERMIT/RESOLUTION
1989-144
Motion by Mr. Hamilton, seconded by Mr. Ventura, that Council adopt Resolution 1989-
144 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING TOWN
ENGINEER TO ISSUE A REVOCABLE ENCROACHMENT PERMIT FOR AN
EXISTING FENCE IN THE PUBLIC RIGHT-OF-WAY ALONG 222 FORRESTER
ROAD, which allows the use of a portion of the public right-of-way for an existing fence
for Kenneth Holgren. Carried unanimously.
DOVER STREET 100 (BEHIND)/REVOCABLE ENCROACHMENT
PERMIT/RESOLUTION 1989-145
Motion by Mr. Hamilton, seconded by Mr. Ventura, that Council adopt resolution 1989-
145 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING TOWN
ENGINEER TO ISSUE A REVOCABLE ENCROACHMENT PERMIT FOR
CONSTRUCTION OF A CONCRETE FENCE ON BLOSSOM HILL ROAD (BEHIND
100 DOVER ST.), which allows Tom and Kathy Harlan to construct and maintain this
fence. Carried unanimously.
JACKSON STREET 223/REVOCABLE ENCROACHMENT PERMIT/RESOLUTION
1989-146
Motion by Mr. Hamilton, seconded by Mr. Ventura, that Council adopt Resolution 1989-
146 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING TOWN
ENGINEER TO ISSUE A REVOCABLE ENCROACHMENT PERMIT FOR
CONSTRUCTION AND MAINTENANCE OF A DRIVEWAY AND RETAINING WALLS,
which allows a portion of the public right -of-way to Robert and Audrey Bartmess for this
construction. Carried unanimously.
NORTH SANTA CRUZ AVENUE 542/NOTICE OF COMPLETION
Motion by Mr. Hamilton, seconded by mr. Ventura, that Council authorize the Mayor to
execute and the Town Clerk to record a Notice of Completion and Certificate of
Acceptance for the public improvement work located at 542 North Santa Cruz Avenue.
Carried unanimously.
BLOSSOM HILL ROAD 300/RESOLUTION OF INTENTION TO
VACATE/RESOLUTION 1989-147
Motion by Mr. Hamilton, seconded by Mr.Ventura, that Council adopt Resolution 1989-
147 entitled, A RESOLUTION OF INTENTION TO VACATE A PORTION OF PUBLIC
RIGHT-OF-WAY LOCATED AT ROBERTS B=ROAD (WEST) ADJACENT TO 300
BLOSSOM HILL ROAD, FOR SUBDIVISIONS IMPROVEMENT PURPOSES,
exchanging private land adjacent to Los Gatos Creek, which will be dedicated to the
Town in fee for public open space purposes and requesting the Clerk to notice and set a
public hearing for September 18, 1989. Carried unanimously.
LARK AVE/GARDEN HILL DRIVE/HIGHWAY 17/PEDESTRIAN WALKWAY
Motion by Mr. Hamilton, seconded by Mr. Ventura, that Council approve Mr. William
Bilkiewicz's request and authorize staff to use portion of the contingency money, if
available, from Projects 8802/8804 (Annual Asphalt Concrete Pavement restoration and
Blossom Hill Park Pathway Reconstruction) to improve an existing pedestrian walkway
along the south side of Lark Avenue east of Garden Hill Drive. Carried unanimously.
CODE ENFORCEMENT/TOWN ATTORNEY
Motion by Mr. Hamilton, seconded by Mr. Ventura,a to accept informational report to
Council regarding referrals to Town Attorney for Code Enforcement. Carried
unanimously.
PROJECT 8712/CAMELLIA TERRACE & BLOSSOM HILL/RED CURB/RESOLUTION
1989-148
Motion by Mr. Hamilton, seconded by Mr. Ventura, that the Council adopt Resolution
1989-148 entitled, PARKING PROHIBITION ALONG THE EAST CURB ON CAMILLIA
TERRACE FROM BLOSSOM HILL ROAD -102 FEET NORTH, which approves the
painting of curb red on Camillia Terrace from Blossom Hill Road, 102 feet north to an
existing driveway. Carried unanimously.
CLAIM REJECTION/CALIFORNIA STATE AUTOMOBILE ASSOCIATION
Motion by Mr. Hamilton, seconded by Mr. Ventura, that the Council reject the claim of
California State Automobile Association (CSAA) filed with the Town Clerk on July 24,
1989. Carried unanimously.
ST. MARY'S COUNTRY FAIRE/HANGING BANNERS/SERVICE REQUEST
Motion by Mr. Hamilton, seconded by Mr. Ventura, that Council approve banner
installation as requested by Connie Franceschi Publicity Chairperson of St. Mary's
Country Faire. Carried unanimously.
BLOSSOM HILL ROAD 300/OW: SAN JOSE WATER COMPANY/ZONE
CHANGE/ORDINANCE 1796
Motion by Mr. Hamilton, seconded by Mr. Ventura, that Council adopt Ordinance 1796
entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING ORDINANCE NO.
1779 WHICH AMENDED THE ZONING ORDINANCE AFFECTING ZONE CHANGE
NO. 81 FROM O, R-1:8000 AND RM 5-20 TO 5-1:8000 PD, which was introduced at
the Town Council meeting of August 7, 1989. Carried by a vote of 3 ayes. Mr. Carlson
and Mayor Benjamin abstained.
EMPLOYEE COMMENDATIONS/YEARS OF SERVICE/RESOLUTIONS 1989-149
THROUGH 1989-158
Motion by Mr. Hamilton, seconded by Mr. Ventura, that Council approve the above
numbered resolutions commending Town Employees for years of service to be
presented at the Council meeting of September 5, 1989. Carried unanimously.
The Resolution reads as follow:
RESOLUTION OF THE TOWN OF LOS GATOS COMMENDING (EMPLOYEE) FOR (#
OF) YEARS OF SERVICE TO THE TOWN OF LOS GATOS.
The following employees receive this commendation:
Clarence Delucchi thirty years
Donald R. Ross twenty years
Duino Giordano twenty years
Ronald L. Dunn fifteen years
John Pernick fifteen years
Tony Harding fifteen years
Jacqueline Spillane fifteen years
Lupe Rodriguez fifteen years
Elizabeth Ross fifteen years
COMMENDATION/JEFFREY BROWN/ARTS COMMISSION/RESOLUTION 1989-
159
Motion by Mr. Hamilton, seconded by Mr. Ventura, that Council adopt Resolution 1989-
159 entitled, RESOLUTION OF THE TOWN OF LOS GATOS COMMENDING DR.
JEFFREY E. BROWN OF THE LOS GATOS ARTS COMMISSION, for service during
his term of office and requesting that the Town Clerk advertise for one vacancy on the
Arts Commission with a closing date of September 27, 1989, with interviews to be held
on October 2, 1989. Carried unanimously.
KIMBLE AVE 49/OW: ALLEN/DENY APPEAL OF PC APPROVAL /RESOLUTION
1989-160
Motion by Mr. Hamilton, seconded by Mr. Ventura, that Council adopt Resolution 1989-
160 entitled, RESOLUTION OF THE TOWN OF LOS GATOS DENYING APPEALS OF
THE PLANNING COMMISSION APPROVAL OF PLANS FOR THE CONSTRUCTION
OF A SINGLE-FAMILY RESIDENCE IN THE 5-1:20 ZONE, which incorporates the
findings and decision of the Town council at its meeting of July 17, 1989. Carried by a
vote of 3 ayes. Mr. Ferrito and Mr. Ventura abstained. Mr. Ferrito stated his reason for
abstaining was due to the fact that the architect was a client of his.
LOS GATOS ALMADEN ROAD 16055/OW: GOODWIN/REMANDING TO PC &
DRC/RESOLUTION 1989-161
Motion by Mr. Hamilton, seconded by Mr. Ventura, that Council adopt Resolution 1989-
161 entitled, RESOLUTION OF THE TOWN OF LOS GATOS REMANDING TO THE
PLANNING COMMISSION AND THE DEVELOPMENT REVIEW COMMITTEE THE
APPEAL OF PLANNING COMMISSION DENIAL OF REQUEST FOR A CHANGE IN
ZONE FROM R-1:8 (PRE-ZONED) TO R-1:8-PD TO CONSTRUCT A FIVE UNIT
RESIDENTIAL DEVELOPMENT ON 1.094 ACRES, which incorporates the findings and
decision of the Town Council at its meeting of August 7, 1989. Carried by a vote of 3
ayes. Mr. Carlson and Mayor Benjamin abstained.
VERBAL COMMUNICATIONS
Fred Faltersack, 125 Alerche Drive, owns a duplex in Town. This duplex has been
listed for abatement and he addressed Council on the points he felt were relevant to this
issue, his contention being that he had filed everything required in a timely and legal
manner.
HEARINGS
HORSE DRAWN CARRIAGES/ORDINANCE INTRODUCTION/RESOLUTION
ADOPTING FEE SCHEDULE
Mayor Benjamin stated that this was the time and place duly noted for public hearing to
consider introduction of ordinance regulating horse drawn carriages, including adoption
of resolution amending schedule of fees. There was no one from the audience who
wished to speak to these issues.
Chief Todd was asked to speak for the Ordinance designed by the Town. He
addressed the following issues:
1) Ongoing business on main traffic routes.
2) Number of traffic collisions within the previous operating area of the business.
3) Business has now been moved into residential district.
4) Consideration of safety of animal and drivers.
5) Need to more fully illuminate the horse since it precedes the vehicle into
intersections.
6) Special events were defined as Community functions occurring once or twice a year,
not a private party's anniversary or celebration.
Mr. Carlson asked about lighting of vehicle and horse.
Mr. Ferrito addressed animal rights, safety and sanitation issues, feeling that the
suggested 30 minutes for waste removal was excessive.
Mr. Hamilton addressed the following:
1) Minimum requirements of the California vehicle code for lighting have been met.
2) The business is not operating during heavy traffic hours.
3) Animal wastes to be cleaned up in a workable period of time inorder for the business
to still function during its business hours.
The appellant spoke on the issue:
Lorraine West, 18 Oak Hill Way, spoke in favor of her horse drawn carriage Lorraine
West, 18 Oak Hill Way, spoke in favor of her horse drawn carriage business. She felt
the new imposed route was unacceptable for her business due to the steep hills that the
horse would have to traverse, the loading zones are too obscure for a successful
enterprise and the hours of operation do not coincide with customer activity. The
definition of special events was also an issue since Miss West believes those are
activities such as weddings or parties which contract for her services in advance and for
a longer period of time and she would request out of the ordinary travel routes. She
also felt that a round table discussion would be helpful before the Council makes a
decision.
Mayor Benjamin asked Miss West and Chief Todd to meet together in the conference
room while Council addressed another item and they resolved some of the
discrepancies.
After several items were discussed Miss West returned to the hearing:
Her statements suggested that the route that was delineated was not acceptable and
the business needs to operate on the main streets, preferably Santa Cruz, University
and Main; the hours of the business needs to remain flexible with the exception of peak
time traffic hours; the loading zones need to be in an active and visible area and not
dark and secluded; the lighting issue of the streets should be specified and the
illumination of carriage and horse be more clear; the sanitation issue needs a wider time
frame for elimination and more specifically addressed as far as the mitigation measures
needed.
The following people from the audience spoke to the issue:
Sandy from Castlewood Crt. spoke in favor of the horse and carriage.
Irene Panaghetti, 139 Wilder Ave., does not hear the carriage go by in her
neighborhood and also does not think that there is sufficient traffic on Santa Cruz after
7:30 p.m. to be a concern.
Joe Tabor, 110 Oak Rim Crt., #26, spoke in favor of the operation and the wish for it to
operate at night.
Janice Carter, 243 Jo Drive, volunteered to help on the formation of an Ordinance with
Lorraine and the Town.
Bruce Eisenhardt, 310 Almendra, enjoys the operation and having her in his
neighborhood.
Virginia McDonald, 204 Tait, enjoys having the carriage in her residential neighborhood.
Steve Freidman, 105 Peach Willow Court, representing the Chamber of Commerce, and
asking for clarification so as to run the Christmas program of horse and carriage
in the Town as the Chamber has done in previous years, and also speaking in support
of Miss Wests carriage trade.
Stacey Hill, Humane Society of Santa Clara valley, spoke aagainst the use of horses to
pull wagons or carriages, and the safety and health issues regarding the horse
itself.
Elmer Chapson, 323 Pennsylvania Ave., spoke against the operation and agreeing with
the Humane Society.
Lois Chapson, 323 Pennsylvania Ave., spoke against the Ordinance and opposes any
business in the Almond Grove area.
Lorraine West spoke for her enterprise in summary and expressed the thought that her
horse seems to enjoy his work.
Motion by Mr. Ferrito, seconded by Mr. Carlson, to close the public hearing. Carried by
a vote of 4 ayes. Mr. Hamilton voted no.
Motion by Mr. Carlson, seconded by Mr. Hamilton, to continue this matter and refer to a
special Council subcommittee and request input from the applicant (Lorraine West), the
Chamber, the Humane Society, Councilmembers Ventura and Hamilton, the Police
Chief, and public volunteer (Janice Carter). Carried by a vote of 4 ayes. Mr. Ferrito
voted no. (This item to return to Council September 18, 1989.)
Motion by Mr. Carlson, seconded by Mayor Benjamin, to continue to allow horse drawn
carriages at special events approved as to individual issue by Council with regulations
addressed individually with each event. Carried by a vote of 4 ayes. Mr. Ferrito voted
no, stating that the horses safety and well being still exists whether a full time enterprise
or a special event.
LOMA STREET 16780/OW: HUESBY/APP: STOUFER & WRIGHT/APPEAL PC
DECISION/HEARING
Mayor Benjamin stated that this was the time and place duly noted for public hearing to
consider the appeal of a decision of the Planning Commission in granting the approval
of plans to demolish, rebuild and add onto an existing single-family residence in the R-
1:8000 zone, s-89-28. Property: 16780 Loma Street. Owner: Kenneth Huesby.
Appellants: Gordon & Myra Stoufer and Victoria Wright.
The following people from the audience spoke to the issue:
Victoria Wright, 16779 Potter Court, stated that she had no complaint about the
structure other than the sundeck which will be removed from the plans according to the
owners.
Myra Stoufer, 16773 Potter Court, said she was in agreement with the plans as long as
the sundeck was removed.
Suzan Jackson and Kenneth Huesby 16780 Loma St., stated that they were willing to
remove the sundeck and the door from the bedroom and add a hip roof.
Motion by Mr. Carlson, seconded by Mr. Hamilton, to close the Public Hearing. Carried
unanimously.
Motion by Mr. Carlson, seconded by Mr. Hamilton, that Council grant the appeal and
modify the Planning Commission's decision and approve Architecture and Site
Application S-89-28, subject to the following revised conditions; "The sun deck shown
above the dining room at the rear of the structure shall be deleted and replaced with a
pitched roof. The door from bedroom No. 3 to the rear shall also be removed;" and
finding that the Planning Commission erred by not considering the impact on neighbors
that the sundeck and door would cause. Carried unanimously.
MAIN STREET E. 27/HIGH-THAI/OW: CAL-IRISH/APP: ARIF/HEARING
Mayor Benjamin stated that this was the time and place duly noted for public hearing to
consider the appeal of the Planning Commission's denial of request to serve beer and
wine as part of an existing restaurant operation in the C-2-LHP zone, U-83-28A.
Property: 27 E. Main Street. Owner: Cal-Irish. Applicant: Ilham and Mina Arif.
The following people from the audience addressed the issue:
Ilham Arif, 27 E. Main St., the owner of the restaurant, spoke of the need for his
business to serve beer or wine with the meals.
The following people expressed great satisfaction with the restaurant and would like the
facility to also serve beer and wine with the meals:
Larry Miller, 18608 Favor Ridge, Los Gatos.
David Barton, 14842 Nelson Way, San Jose.
Ranston Long, 15973 Shannon Road, Los Gatos.
Joe Tabor, 110 Oak Rim Court #26, Los Gatos.
Bob Welsh, 14850 Oka Road #12, Los Gatos.
Susan Barton, 14842 Nelson Way, San Jose.
Bruce Jenkie, 54 Cleland Ave., Los Gatos.
Phil Schatz, 135 Riviera, Los Gatos.
Bruce Eisenhardt, 310 Almendra, Los Gatos.
Dorothy Miller, 18608 Favor Ridge Road, Los Gatos.
Marie Connors, 365 Los Gatos Blvd., (And Chili's), business owner.
No one else from the audience wished to speak to this issue.
Mr. Ferrito stated the following relating to this issue: that he was a strong proponent of
the limited availability of liquor licenses issued in Town; he did not feel that this stand
was due to religious or moral reasons on his part or the Council's, mentioning that he
personally serves alcoholic beverages in his home to guests; he does not feel that this
policy protects restaurants with poor service and food; the real issue is that a liquor
license runs with the land and there is no reason to open up the availability of these
licenses when Council has no way of removing them after their issuance; and the policy
of not allowing more liquor licence in downtown is based upon the expectation of
attrition of these liquor establishments.
Mayor Benjamin would like to look at this policy for the following reasons: there was a
previous problem ten to fifteen years ago with the bars downtown and their clientele;
would like to make a policy that delineates the criteria for a restaurant before a permit is
allowed; would like staff to look at this issue and bring back a report for Council.
Mr. Hamilton is in favor of a study regarding this policy and in favor of any of the
restaurants already in existence who would wish a license to be able to receive one.
Mr. Ilham Arif agreed to a continuance of his appeal during which time the Council will
review the Town's liquor license policy.
Mr. Ventura has been a long time advocate of the prohibition of new alcohol permits in
the downtown for the following reasons: public safety was at risk due to the large
numbers of people downtown under the influence of alcohol roaming the streets; the
problem had been so severe that there was not sufficient police staff to cover the need;
he questioned the possibilities of expanding the size of a restaurant after the beer and
wine permit was issued; and would not approve the addition of any sitting bar within the
facility; how can the rules and regulations imposed locally be imposed on a State
regulated beer and wine license; what does the addition of beer and wine licenses to
the downtown community do to the parking districts.
Motion by Mr. Carlson, seconded by Mr. Hamilton, that Council continue this issue for
three months until November 20, 1989, at which time staff will bring back a study and
recommendation taking into account the testimony received tonight and at other times
Council was asked to review this policy, and to address the concerns of Mr. Ferrito
including reports from the police chief and the number of licenses which have been
issued out side the central business district since this policy has been in effect. Carried
by a vote of 4 ayes. Mr. Ferrito voted no.
COUNCIL RECESS
Mayor Benjamin declared a short recess at 9:55 p.m. The meeting was called back to
order at 10:05.
JO DRIVE 222/OW: MENDELSON/SECONDARY UNIT ABATEMENT
Motion by Mr. Hamilton, seconded by Mr. Carlson, to reconsider this item and reopen it
for public hearing. Failed by a vote of 2 ayes. Mr. Ferrito, Mr. Ventura and Mayor
Benjamin voted no.
Motion by Mr. Ventura, seconded by Mr. Ferrito, that Council adopt resolution 1989-162
entitled, RESOLUTION OF THE TOWN OF LOS GATOS GRANTING APPEALS OF A
DECISION OF THE PLANNING COMMISSION GRANTING APPEAL OF A DECISION
OF THE PLANNING DIRECTOR IN DENYING A REQUEST TO MAKE APPLICATION
FOR A SECONDARY DWELLING UNIT IN THE R-1:8000 ZONE, (222 JO DRIVE -
EMELIA MENDELSON), that incorporates the findings and decision of the Town
Council at its meeting of August 7, 1989. Carried by a vote of 2 ayes. Mr. Hamilton
voted no. Mr. Carlson and Mayor Benjamin abstained.
MARIA'S BERRY FARM/RELOCATION
Motion by Mr. Ferrito, seconded by Mr. Carlson, to defer a final decision on the
relocation until September 5, 1989 to allow the Teen Group and Youth Park time to
discuss the relocation and to determine if any consensus can be reached, and to
request staff to determine a second reference for a relocation site such as Forbes Mill,
Novitiate Open Space, or County Park if Maria's Berry Farm is not relocated to New
York Ave. Mr. Carlson adding that should the house go on New York Ave. or not, a
second location might be found for the Tower, and if the House situation does not come
to an appropriate conclusion then the Tower will still be kept for location at a suitable
site. Carried by a vote of 4 ayes. Mr.Ventura voted no on the second proportion of the
recommendation but is in favor of the first part.
The following people from the audience had spoken to the issue:
Bob Jones, 520 Nina Ave., Member of the Los Gatos Youth Park Board of Directors,
stated that the Board's position is not to support the New York Ave. site for a site
for a Teen Center, but did say that the Board is open for discussion. The stated use of
the Youth Park has always been for the preservation of the natural state of the area.
Another concern of the Board is that the Younger children who use this area will feel
usurped by the older teen's acquisition
Glean Shore, 245 Los Gatos Blvd., also a member of the Los Gatos Youth Park Board,
disagreed with the decision that was made by the Board and thinks that the Teen
Group could work well with the other youth groups that are using the area and would
like to see officers from both groups get together for discussion.
Sue Anilide, 17510 Vineland Ave., with the Teen Place feels that cooperation between
both groups can be worked out.
ZONING ORDINANCE AMENDMENT A-89-2/ACCESSORY BUILDINGS/HEARING
Mayor Benjamin stated that this was the time and place duly noted for public hearing to
consider Zoning Ordinance Amendment A-89-2 to modify various provisions to the
requirements for accessory buildings, including area of lot coverage, height, maximum
floor area and number of stories.
No one from the audience wished to address this issue.
Motion by Mr. Carlson, seconded by Mr. Ferrito, to close the public hearing. Carried
unanimously.
Motion by Mr. Carlson, seconded by Mr. Ferrito, that Council find that proposed Zoning
Ordinance Amendment A-89-2 is consistent with the General Plan. Carried
unanimously.
Motion by Mr. Carlson, seconded by Mr. Ferrito, to waive the reading and introduce the
Draft Ordinance amending the Zoning Ordinance. Carried unanimously. The Town
Clerk read the Title of the Ordinance.
Motion by Mr. Ventura, seconded by Mr. Carlson, to introduce Ordinance entitled,
ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONING
ORDINANCE PROVISIONS TO THE REQUIREMENTS FOR ACCESSORY
BUILDINGS. Carried unanimously.
MINUTES OF JULY 17, 1989
Mr. Ferrito requested page 9 correction, bottom of page, to have last half of sentence
removed so that item now reads "Mr. Ferrito indicated that the Council may not be very
charitable if a mistake has been made."
Mr. Ferrito requested page 12, Hilow Road/Safety Conditions, that the second on the
motion be corrected from Mr. Ferrito to Mr. Hamilton.
Motion by Mr. Carlson,. seconded by Mr. Hamilton, to approve minutes as corrected.
Carried by a vote of 4 ayes. Mr. Ventura abstained.
MINUTES OF AUGUST 7, 1989
Mr. Ferrito requested page 3, Deer Control, end of sentence to be corrected from
"consider relocation of the deer" to "reconsider the problem."
Mr. Ferrito requested page 8, Hazardous Waste, to please include introductory
comments made as follows: "Mr. Ferrito stated that he did not wish to approve the EIR,
he thought the issue too important to not comment upon, and would like more
acknowledgment from the County showing recognition of the Town's position that
potential Los Gatos sites do not meet the approved criteria."
Mr. Ferrito requested page 9, Lake Canyon, to please include comments as follows: "1)
Have staff proceed with exploration of the problem but be aware of County's lack of
consideration to Town's concerns. 2) Be aware that the Town may proceed with
litigation to force the county to comply with the Hillside Plan which County approved
several years ago. 3) The Board of Supervisors now has those who claim to be
environmentally sensitive but yet do not heed Town's objections. 4) The County's
recent decision for the Fee property and lack of concern to the Town's suggestions
regarding hillside development is not promising."
Mr. Ventura also requested to be included the following comment that he would not
support a sewer line bigger than six inches and that there was a Council consensus of
same.
Mr. Ferrito requested that this item be continued to September 5, 1989.
TREASURER'S REPORT
Treasurer's report was accepted by Council as submitted and with additional comments
from Mr. Carlson in the form of a Motion as follows: "Thank you from the Council and
the Community for essentially increasing the Town's income by 25% and reducing
expenses by almost 50". Seconded by Mr. Ferrito. Carried unanimously.
PARKING LOT 4/OW: VADAS/RESOLUTIONS 1989-163,164, & 165
Motion by Mr. Carlson, seconded by Mr. Ventura, that Council adopt Resolution 1989-
163 entitled, RESOLUTION OF THE TOWN OF LOS GATOS APPROVING RIGHT-OF-
WAY AGREEMENT BETWEEN THE TOWN AND KUMIKO IWASAWA VADAS AND
AUTHORIZING TOWN MANAGER TO EXECUTE SAID AGREEMENT, and authorizing
acceptance of Grant Deed and recordation of document by Town, and adopt Resolution
1989-164 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING
QUITCLAIM DEED OF A CERTAIN PARKING LOT EASEMENT AND AUTHORIZING
MAYOR TO EXECUTE SAID DEED, and further that Council adopt Resolution 1989-
165 entitled, RESOLUTION OF THE TOWN OF LOS GATOS APPROVING
AGREEMENT RESCINDING DEVELOPER PARTICIPATION IN TOWN OF LOS
GATOS PARKING LOT NO. 4A, AUTHORIZING TOWN MANAGER TO EXECUTE
SAID AGREEMENT AND DIRECTING TOWN CLERK TO RECORD SAID
AGREEMENT. Carried by a vote of 3 ayes. Mr. Ferrito and Mr. Hamilton abstained.
Motion by Mr. Ventura for consensus, asked that performance agreements have an
extended time frame of from five to ten years so that the Town does not get caught in
such a situation again. Carried unanimously.
AMICUS BRIEF/LA QUINTA DUNES V. CITY OF LA QUITA
Motion by Mr. Ferrito, seconded by Mr. Carlson, that Council authorize participation in
the above-referenced amicus brief at no cost to the Town. Carried unanimously.
CURB MARKINGS/PARKING REGULATIONS/TOWN CODE SECTION
16.61/ORDINANCE INTRODUCTION
Motion by Mr. Ventura, seconded by Mr. Ferrito, that Council waive the reading or
Ordinance Entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING
CHAPTER 16 OF THE TOWN CODE TO AMEND SECTION 16.61 RELATING TO
PLACEMENT AND MEANINGS OF CURB MARKINGS FOR PARKING
REGULATIONS TOWN WIDE. The Town Clerk read the Title. Carried unanimously.
Motion by Mr. Ventura, seconded by Mr. Ferrito, to introduce Ordinance, which will
amend meanings of curb marking for parking regulations, paragraph #4. The amended
paragraph shall read; Green shall mean no stopping, standing or parking for longer
than 30 minutes at any time between the hours of 8 a.m. to 8 p.m., seven days a week,
including holidays. Carried unanimously.
PROJECT 8717/SERVICE CENTER EXPANSION
Motion by Mr. Carlson, seconded by Mr. Hamilton, that Council choose Alternative C,
and demolish the existing structure and rebuild with modular construction. Staff to
submit request for proposals for architectural services for the preparation of the plans
and specifications of the new structure, and due to the high cost, for smaller private
architectural firms, the requirement for $1,000,000 Errors and Omissions Insurance be
waived. Carried by a vote of 3 ayes. Mr. Ferrito and Mr. Ventura voted no.
COMMISSION APPOINTMENTS/POLICY STATEMENT
Motion by Mr. Carlson, seconded by Mr. Hamilton, to add the following under section 2:
"Prospective Commissioners are to sign an affidavit that they have received a copy of
the conflict of interest rules, they have read them and will comply with them. Carried
unanimously.
Motion by Mr. Ferrito, seconded by Mr. Carlson, that the Town Clerk keep a list of
people who have applied but have not been appointed so that when there's a vacancy
they can be notified, and this list is to be kept for two years. Carried unanimously.
Motion by Mr. Carlson, seconded by Mr. Hamilton, that the Procedures Policy for
Appointment of Commissioners be adopted as amended. Carried by a vote of 3 ayes.
Mr. Ferrito and Mr. Ventura voted no.
PAST MIDNIGHT
Motion by Mr. Carlson, seconded by Mr. Ferrito, to continue the meeting past midnight.
Carried unanimously.
SHANNON ROAD/MAGNESON LOOP/CONCRETE TRAFFIC ISLAND
Motion by Mr. Ventura, seconded by Mr. Ferrito, to continue this item for six months
inorder to study the issue further and obtain a neighborhood consensus. Carried by a
vote of 4 ayes. Mr. Hamilton voted no.
CLAIM REJECTION/FRANK KNIGHT
Motion by Mr. Ferrito, seconded by Mr. Ventura, to continue this item inorder to see a
copy of the claim and receive a report from staff so as to feel confident that the action in
denying the claim is reasonable and would like claims to be handled this way in the
future. Carried unanimously.
CLOSED SESSION
Mary Jo Levinger, Town Attorney, reported that Council met on August 14, 1989
pursuant to Government Code 54956.9(c) to discuss Institution of Litigation concerning
Route 85; there is no report from this discussion at this time.
An addendum to the report of this evening's session regarding the Worker's
Compensation Claim of Timothy Morgan was settled in the amount of $1,785.00.
Council will now adjourn to Closed Session to complete discussion of those items listed
under subdivision (a) of 54956.9, Kang Ming Ho v. Los Gatos Town Council, Town v.
Faltersack/Lake, and under subdivision (c) Institution of Litigation re: Villa Vasona.
ADJOURNMENT
Mary Jo Levinger, Town Attorney, announced that the Council was adjourning to Closed
Session at 12:10 p.m. and would meet again in regular session September 5, 1989.
ATTEST:
Marian V. Cosgrove
Town Clerk