M 06-02-198032 .7
June-2, 1980 .
Los Gatos, Califo rni a
TOWN COUNCIL The Town Council of the Town of Los Gatos met in the Counci l
Chambers of the Town Hall at 7 :3.7 p .m,in regular session .
ROLL CALL PRESENT : Ruth Cannon, MarLyn J . Rasmussen, Peter W . Siemens an d
Mayor Thomas J . Ferrito .
Brent N . Ventura arrived immediately following rol l
call .
ABSENT :None .
PLEDGE O F
ALLEGIANCE Given by all in attendance .
MINUTES Mayor Ferrito state d.minutes of May 19, 1980 should be correcte d
as follows :
Page 4 -subject- VOTING REQUIREMENTS . ON APPEALS- add "Speaking
in favor of changes in voting procedures were Doni Salitto an d
Mr . Richard Gaines (by letter), also Jean Moore spoke on th e
timing of such change ." Mrs . Cannon moved minutes be approve d
as amended . Mrs . Rasmussen seconded . Unanimously carrie d
WRITTEN 1 Letter of resignation from the Parking Advisory Commission ,
COMMUNICATIONS submitted by Brian Warkentin ..Mrs .Rasmussen moved resigna -
tion be accepted with regret and direct staff to write a
letter of thanks to Mr . Warkentin . Mrs . Cannon seconded .
Unanimously carried Mayor stated June 11th has bee n
established as deadline .: for accepting applications for th e
Parking Advisory Commission and interviews will be held o n
June 16th,1980 .
2.Letter from Parent-Teacher Association of the Los Gatos Hig h
School, requesting the closing of East Main Street, betwee n
Jackson Street and Fiesta Way on Friday, June 13th betwee n
the hours of 6 :00,p .m . and 7 :30 p .m during the Graduatio n
Exercises .Mrs .Rasmussen moved request be granted subjec t
to approval of Police Department : Mr . Ventura seconded .
Unanimously carried .
3.Letter from Lela Austin, Chairperson, Community Services an d
Development Commission, recommending to the Town Counci l
that a letter be written to the Santa Clara Transit Commis -
sion indicating the Town's support of the efforts of th e
residents of the Lexington area to obtain bus service . Mr .
Siemens moved Council instruct staff to send letter o f
support to the Transit Commission and the District . Mrs .
Rasmussen seconded . Unanimously carried .
4.Letter from Mrs .Villo Horton, 215 Avery Lane, stating tha t
due to high rent increases for her apartment, she is bein g
forced to move to the midwest . Letter to be referred t o
Community Services and Development Commission .
5 Letter from Bela and Anna Kraus,18860 Aspesi Drive, Saratog a
objecting to the imposing of rent control in Los Gatos .
Letter referred to Community Services and Development Commission .
Letter from Wm . Fistner, on behalf of the residents of th e
Los Gatos Villages, registering their concern with the traffi c
hazard at the corner of Camino del Cerro and Los Gatos-Almade n
Road . Council requested report from Mr . Warnick . Mr .
Warnick stated since the last meeting when Council adopte d
an urgency ordinance declaring the fence a hazard, the staf f
hasdirected the owner to relocate the fence . The Attorne y
for the owner of the property has contacted Mr . Warnick an d
stated they would possibly appeal the action . Staff t o
inform Mr . Fistnerof procedures to date .
7.Letter from the Law Office of Quentin Smith,requesting a
rehearing on Zone Change Application of Mr . & Mrs . Frank fo r
their property located at 761 Pollard Road .Mrs .Rasmusse n
moved request for rehearing be granted . Mrs . Cannon seconded .
Unanimously carried . Mayor instructed Clerk to set publi c
hearing and notify Mr . Quentin Smith .
8.Claim for damages filed by Robert Cucinotta . Mr . Ventur a
moved claim be denied : Mrs . Cannon seconded . Unanimousl y
carried .
2
June 2,198 0
Los Gatos, Californi a
COMMUNICATIONS 9 . Petition signed by 19 residents requesting the Town Counci l
(CONTINUED)to initiate a study to consider the closing of Capri Driv e
at Winchester Blvd ., thereby making Capri Drive a cul-de-sa c
from .Vasona to Winchester Blvd . Matter referred to Engine -
ering for report back as soon as possible .
10 . Letter from Beverly Sadler, 119 Belcrest Drive, concernin g
the closing ofMirassou School and her concerns of traffi c
problems in the area when and if property is leased . Town
Manager and Mayor or Councilmember to contact representativ e
of school district . Mr . Bowman to report back as to require -
ments of Conditional Use Permit applications re uses o f
school property .
11 Letter from Dee Barber, 211 Bachman Avenue, stating sh e
lives just opposite C .B . Hannegans and can see no reason fo r
anyone opposing said operation of this business .
12 Letter from Jean Boyden, Chairman of the Los Gatos Memoria l
Library Board, stating the term of John Smart on the Librar y
Board will expire on June 30, 1980 and he had expressed an
interest in continuing to serve on the Board . The Boar d
urges the Council to consider reappointment of John Smart .
After some discussion as to Council policy as to reappointment ,
Mr . Ventura moved Clerk be authorized to advertise "Notic e
of Vacancies" on the Library Board and Park Commission inter -
views be scheduled and letter be sent to terminating commissioner s
re their expiration dates on commissions and urge them t o
reapply . Mr . Siemens seconded . Unanimously carried . It
was consensus of Council all applications should be receive d
by June 26th, 1980 and interviews be scheduled for July 7,1980 .
13.Letter from Santa Clara County Intergovernmental Counci l
requesting the cities consider the recommendation that th e
County adopt a "Barking Dog Ordinance", and any comments o r
notice of city action on the recommendation should b e
directed to the Intergovérnmental Council .Attorney directed .
to draft comments for Council review at next meeting an d
Mayor will pass the Council's suggestions to Intergoernmenta l
Council .
14.Letter from Santa Clara Valley Chapter of American_Red Cross ,
the Arc. Angels, an all volunteer group, respectfully reques t
that the fee for use of the new Neighborhood Center b e
waived . This request referred to staff for report back a t
next meeting . Staff to also check aS *to date they wish t o
use the center as no date was included in the request .
15.Treasurer's report for the month of April, 1980 .
Mr . Siemens referred to info letter from City of Santa Cruz r e
proposed bill in State relative to billboards . Staff to notif y
City of Santa Cruz as to stand Los Gatos took on this matter .
VERBAL
COMMUNICATIONS Jean Moore, 221 Vista del Monte, stated the air quality in th e
Council Chambers seems to be very poor tonight and if thermosta t
can not be adjusted, would it be possible to open the doors ?
Bob Saxe, representing the Das family, requested 30 day continuanc e
on agenda item VI . C - the appeal of Planning Commission's denia l
of a 4-lot subdivision on Westhill Drive . He stated thi s
request would allow them to meet with the neighbors and work ou t
some of the problems . Mrs . Cannon moved request be granted and .
hearing be continued to July 7, 1980 . Mrs . Rasmussen seconded .
Unanimously carried .
Lois Chapson, 323 Pennsylvania Avenue, asked Council if the y
would accept additional nominees to the 1980 Award for Excellenc e
to the Historic Preservation Society . If so she would like t o
nominate Mrs . David Clapp and Robert E . Lee . Mr . Ventura move d
names be submitted to County for consideration . Mrs . Rasmusse n
seconded . Unanimously carried .
= 2 -
SUPPLEMENTA L
APPROPRIATIO N
DOWNTOW N
NEIGHBORHOO D
CENTE R
PLANNIN G
MONTHLY REPOR T
TREE . PRUNIN G
REPOR T
PAYROLL AN D
WARRANT
. DEMANDS ..
CIVIC CENTE R
HANDICAPPE D
ACCES S
APPEAL - TANNIN G
STUDIO 477-B
N .SANTA CRU Z
AVENUE
ZONE CHANG E
HILLBROO K
SCHOOL
32 9
June 2, 198 0
- Los Gatos, Californi a
Mrs . Cannon moved Council authorize supplemental appropriatio n
for the Los Gatos Downtown Neighborhood Center in the amount o f
$16,000 from HCDA funds to allow final payments : to the variou s
contractors . Mr . Ventura seconded . Unanimously carried .
Mrs . Cannon moved Council accept the June status report of th e
Planning Commission . Mr . Ventura seconded . Unanimously carried .
Mrs . Cannon moved Council accept report re complaint on tre e
pruning at 211 Wilder Avenue . Mr . Ventura seconded . Unanimousl y
carried Mayor asked that letter be sent to Mrs . Matto s
informing her of the report .
Mrs . Cannon moved Council approve the May,1980 payroll in th e
amount of $216,800 .39 and the May, 1980 warrant demands in the
amount of $277,32451 . Mr . Ventura seconded . Unanimousl y
carried .
Mrs . Cannon moved Council adopt Resolution No .1980-62 entitled ,
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS APPROVIN G
PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF CIVIC CENTE R
HANDICAPPED ACCESS, PROJECT 237-CT and authorize the Town Cler k
to advertise for bids to be received by 3 :00 p .m .,June 26,1980 .
Mr .Ventura seconded . Unanimously carried .
Mayor Ferrito stated this was the time and place duly publishe d
for public hearing to consider the appeal of Planning Commission's
denial of a conditional use permit to operate a tanning studio ,
at 477-B North Santa Cruz Avenue . Speaking on the appeal wa s
Attorney Milton Rosenberg, representing the appellant . Als o
speaking on the appeal was Mr . Gibeson, owner of the tannin g
studio . Discussion was held on FDA regulations and as to adequat e
parking on site . After further discussion and no one else i n
the audience wishing to speak on this issue, Mrs . Cannon moved -
hearing be closed . Mrs . Rasmussen seconded . Unanimously carried .
After further discussion was held as to inspections of premise s
with regards to complying with Federal and State regulations ,
parking on premises and maintenance of equipment, Mrs . Rasmusse n
moved to grant the appeal on findings that the Planning Commissio n .
used personal judgement rather than technical application o f
the ordinance governing the use permit, and the following cond -
itions be added : (1) Employees to park in Town's parking lot o n
east side of N . Santa Cruz Avenue.;(2)Applicant continue t o
maintain equipment to current and future Federal and Stat e
regulations ;(3)Applicant required to provide the Town, annuall y
with a copy of any Federal and State regulations and certificatio n
that those regulations are being met (this to be done each yea r
with business license renewal). Mrs . Cannon seconded . Mr .
Siemens asked that motion be amended to say conditional us e
permit be issued for 2 years and Town to make inspections . Town
Manager stated it is not feasible for Town to make inspections .
Amendment was not accepted . The original motion carrie d
unanimously .
Mayor Ferrito stated this was the time and place duly publishe d
for public hearing to consider the zone change from R-1 :$,000 t o
HR-1, 16000 Marchmont Drive . There being no one in the audienc e
wishing to speak on this issue, Mrs . Cannon moved hearing b e
closed . Mr . Ventura seconded . Unanimously carried . Mr . Ventur a
moved negative declaration be made . Mr . Siemens seconded .
Unanimously carried . Mrs . Cannon moved reading be waived fo r
AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONIN G
ORDINANCE EFFECTING ZONE CHANGE NO . FROM R-1 :8,000 TO HR-1 .
Mr . Siemens seconded . Unanimously carried . Clerk read title .
Mr . Ventura moved Ordinance be introduced . Mr . Siemens seconded .
Unanimously carried .
330
June 2, 198 0
Los Gatos, Californi a
APPEAL 4-LOT As requested by applicant earlier in the meeting, this matte r
SUBDIVISION was continued to July 7, 1980 .
WESTHILL DRIVE
APPEAL - VILLA Mayor Ferrito stated this was the time and place duly publishe d
FELICE for public hearing to consider the appeal of Planning Commission's
approval of the tentative map and the Architectural and Sit e
Application for the Villa Felice project . Mayor referred t o
letter from Attorney of Mr . Frank Kiefer asking the appeal file d
by Mr . Kiefer on the approval of tentative map be withdrawn, s o
hearing will be held on the Architectural and Site approval o f
detail plans on the project . Mr . Bob Hamilton, Bella Vist a
Avenue, asked what is being appealed . Mayor explained . Mr .
Jim Casey, 120 Privata Luisita, spoke on appeal, stating ther e
were many substantial changes in plans and as he has been ou t
of Town and has not been able to reveiw the changes, he woul d
like this continued . Mr . Bowman explained the changes in th e
plans and stated all conform with the PD Ordinance . John Hanna ,
Attorney representing the Bersanos, spoke against the appeal an d
stated discussion should be limited to landscaping plans only .
Mrs .. Cannon moved discussion be held on landscaping plans only .
Mrs . Rasmussen seconded . Unanimously carried . After further
discussion, Mr . Casey stated that now that he has been assure d
there will be no increase in motel units and that the architectur e
and site plans are covered in the PD Ordinance, he would with -
draw his appeal . Mrs . Cannon moved Council accept withdrawa l
of both appeals . Mrs . Rasmussen seconded . Unanimously carried .
COUNTY REFERRALS Mr . Ventura moved Council accept staff recommendations on th e
following :
282-34-51-80B Bayview Dr .Miroyan/Psaty Rea r
yard variance for single family home No comment .
11577 .8 Blackberry Hill Rd .Cassel Time extensio n
for 2-lot subdivision Letter be sent to County that the Town
strongly opposes the subdivision .
1095-34-51-80B Shannon Road Fanell Single famil y
home No comment .
993-30-52-8OP-80S Englewood Ave .Beadle 3-lo t
subdivision PC June 5,•
FEDERAL Mayor Ferrito stated this was the time and place-duly publishe d
REVENUE SHARING for public hearing to consider the use of Federal Revenu e
Sharing Funds for fiscal year 1980-81 . Speaking from the
audience were Nelle Handley, representing Coordinating Council ,
and Brenda Priest, representing the Nursing Home Omsbudma n
Program . After some discussion, Mayor Ferrito stated the request s
for financial assistance would be heard at the budget sessio n
on June 9,1980 . Mr . Ventura moved hearing be closed an d
consideration of requests will .:be .:made at budget .._session, a s
stated . Mrs . Rasmussen seconded . Unanimously carried .
CLOSING-OF Mr . Warnick presented his report on request to close Anne Wa y
ANNE. WAY and recommended request be denied for the closing ; deny reques t
for prohibiting right turns from Blossom Hill Road onto Meadow -
brook Drive and direct the Police Department to add this are a
to their special traffic surveillance list . Speaking on th e
closing of Anne Way were Jo Ann Disbro and Mary Jane Whiteford .
Mr . Siemens stated he would like to pursue the idea of closin g
the street . Mr . Ventura suggested Public Works install sto p
signs and speed limit signs . After further discussion, Mr .
Ventura moved for adoption of Resolution No . 1980-64 entitled ,
A RESOLUTION DESIGNATING A THREE-WAY VEHICULAR STOP AT THE INTER -
SECTION OF ANNE WAY WITH MEADOWBROOK DRIVE . Public Works t o
install speed limit signs on Anne Way . Mrs . Rasmussen seconded .
Carried by vote of four ayes .- Mr . Siemens voting no .
33,E
June 2, 198 0
Los Gatos, Californi a
Lee Bowman . presented report on complaint of trailer being parke d
at 16799 Potter Court and stated he had notified the owner o f
the zoning violations . No action taken .
Mr . Ventura moved Council/Planning study session be schedule d
for June. 30, 1980 and Planning Director to notify Plannin g
Commission . Mrs . Rasmussen seconded . Unanimously carried .
Mr . Warnick presented report re the forming of an Assessmen t
District for Broadway Extension .The report stated that base d
on preliminary estimates, they anticipate that the tota l
property owner's contribution to the Assessment District woul d
be approximately $50,000 and a sample of the assessment sprea d
is attached . Mrs . Shirley Finelli, from audience spoke on th e
assessment spread stating it was her understanding that th e
assessment would be shared equally with all property owner s
and not as the sample assessment spread showed . Mrs . Finell i
presented letters from other property owners in the area re thei r
preference as to the method of spreading the assessment . Thes e
letters will be referred to the Engineer of the work . After
further discussion, Mrs . Cannon moved Council direct staff t o
begin negotiations for an Engineer of Work for the assessmen t
district . Mr . Ventura seconded . Unanimously carried .
Mrs . Cannon moved Council adopt ,Resolution No .1980-65 entitled ,
RESOLUTION AUTHORIZING ARCHITECTURAL SERVICES AGREEMENT an d
authorize the Mayor to execute said agreement . Mrs . Rasmusse n
seconded . Unanimously carried .
Mrs . Cannon moved for adoption of Resolution No .1980-66 entitled ,
RESOLUTION AUTHORIZING THE EXECUTION OF A CONTRACT FOR INITIA L
STUDIES (CALIFORNIA ENVIRONMENTAL QUALITY ACT) and authoriz e
Mayor to execute said contracts for initial studies . Mr .
Siemens seconded . Unanimously carried .
RENTAL It was consensus of Council that Community Services and Developmen t
HOUSING Commission be instructed to continue with study .
MEDIATIO N
FENCE HEIGHTS Mrs . Cannon moved for adoption of Ordinance No .1469 entitled ,
ORDINANCE OF THE TOWN OF LOS GATOS REGULATING THE HEIGHT O F
FENCES AND WALLS NEAR INTERSECTIONS . Mr . Ventura seconded .
Unanimously carried .
CLAIM OF Mrs . Cannon moved Council reject the claim on the ground tha t
R .J . HAYDE, JR .it does not sufficiently describe the transaction which gav e
rise to the claim and that the Council also deny the claim on
what little we know of the merits, Mr . Ventura seconded .
Unanimously carried :
MEMORANDUM OF Mr . Ventura moved for adoption of Resolution No .1980-67 entitled ,
UNDERSTANDING - A RESOLUTION APPROVING A MEMORANDUM OF UNDERSTANDING BETWEE N
T .E .A .THE TOWN OF LOS GATOS AND THE TOWN EMPLOYEES ASSOCIATION . Mrs .
Cannon seconded, Unanimously carried .
TOLL HOUSE It was consensus of Council staff report on the latest activit y
on Toll House .
ADJOURN Mrs .Cannon moved meeting be adjourned at 10 :45 p .m . Mrs .
Rasmussen seconded . Unanimously carried -
TRAILER PARKE D
AT 16799 POTTE R
COUR T
PLANNING WORK
PRIORITIE S
BROADWA Y
EXTENSIO N
ARCHITECTURA L
SERVICES FO R
PHASE lI .
NEIGHBORHOO D
CENTER
EIR CONSULTAN T
CONTRACTS