M 08-03-19813 3
TOWN COUNCI L
ROLL CAL L
PLEDGE O F
ALLEGIANC E
COMMUNICATIONS
August 3,198 1
Los Gatos, Californi a
The Town Council of the Town of Los Gatos met in the Counci l
Chambers of the Town Hall at 7 :40 p .m ., in regular session .
PRESENT : Ruth Cannon, Thomas J . Ferrito, and Mayor Peter W .
Siemens .
ABSENT : MarLyn J . Rasmussen and Brent N . Ventura .
Given by all in attendance .
Mayor Siemens announced there would not be a quorum for th e
August 17,1981,Council meeting . Therefore, the meeting i s
cancelled and any business scheduled . for the meeting will b e
carried over to the ; September 8,1981,Council meeting .
Mayor Siemens corrected Page 3,(Hannegan's Appeal on Condition s
of Operation Hours) to read, "11 :30 a .m . to 2 :00 a .m ., o n
Friday and Saturday ."
Mr . Ferrito corrected Page 2, (Appeal of Bacci Spinazzi Condo's
758,766 and 768 Pollard Road) to read, !'Mr . Ferrito moved Counci l
reverse Planning Conunission's decision and grant the Use Permi t
for fifteen units . That the Architecture and Site Applicatio n
S-80-71 be remanded to the Commission to give further consideratio n
to the DRC recommendations and to the ratio of parking to unit s
outside the transportation corridor ."
Mrs . Cannon moved the minutes of July 20,1981 be approved a s
corrected and approve the July 27,1981 minutes . Mr . Ferrito
seconded . Unanimously carried .
1.Letter from the Parks Protection League, requesting th e
condemnation of the Novi ate Park Site be placed on th e
November 3, 1981,regular school election ballot . Mayo r
Siemens suggested this be noted and filed for the followin g
reasons : 1) it is currently under litigation ;2)the pric e
has not been established on the property and ;3)the Court s
have found the Town does not have jurisdiction in institutin g
condemnation .
2.Letter from Carolyn Cassady,19231 Bancroft Avenue, protestin g
the closing of the Los Gatos Cinema, replacing the Lyndo n
Hotel with the Lyndon Plaza and not having a bus station .
Staff to respond .
3.Communication from O .L . Johns, regarding the removal of th e
bus stop from in front of his business located at 151 N .
Santa Cruz Avenue and complaint of people trespassing on hi s
property while waiting for the bus . Staff to respond an d
notify Mr . Johns the Town is in the process of finding anothe r
location for the bus stop .
4.Letter from the Rinconada Hills Association, 100 Avenida de l
Sol, requesting to be kept informed of any action or decisio n
taken on the "Anderson Property", located on Pollard an d
Quito Roads . Referred to staff .
5.The residents of Gregg Drive and Hershner Drive wish to b e
placed on the August 17,1981,Council agenda to discuss th e
problems of the Stop-N-Go Market on the corner of Leig h
Avenue and Hershner Drive . Staff to contact residents an d
set for the first available date .
6.Letter from Marlon Smith informing Council that he will no t
seek reappointment to the Planning Commission and thank s
the Council for allowing him the opportunity of serving Lo s
Gatos . A resolution of appreciation thanking Mr . Smith fo r
his service and accepting his resignation, to be prepare d
for the September 8,1981,Council meeting .
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August 3, 198 1
Los Gatos, Californi a
ZONE CHANGE Mayor Siemens stated this is the time and place duly publishe d
NICHOLSON &for public hearing to consider Zone Change Application Z-81-7 ,
WILDER AVENUES requesting change of zone from RM :5-20-4-LHP to R-ID-LHP-P D
for property located at the southeast corner of Nicholson an d
Wilder Avenues . Mr . Bowman reported to the Council on Planning's
recommendations . No one in the audience wished to speak on thi s
issue, Mayor Siemens declared the public hearing closed . Mr .
Ferrito moved reading be waived for AN ORDINANCE OF THE TOW N
OF LOS GATOS AMENDING THE ZONING ORDINANCE EFFECTING ZONE CHANG E
NO . FROM RM :5-20-R-LHP TO R-ID-LHP-PD . Mrs . Cannon seconded .
Unanimously carried . Deputy Town Clerk read title . Mr . Ferrit o
moved Ordinance be introduced, make Negative Declaration and ,
make findings that the zone change is consistent with the Genera l
Plan . Mrs . Cannon seconded . Unanimously carried .
.APPEAL - TOP Mayor Siemens stated this is the time and place duly publishe d
OF THE HILL for public hearing to consider the appeal of Planning Commission's
ROAD - MAXF{IMER decision to place conditions as to road widening and gradin g
around or removal of certain trees on the approval of th e
construction of a single family dwelling on Top of the Hill Road .
Preston Hill, attorney representing Mr . & Mrs . Maxhimer, state d
the roadway should not be built and distributed copies of th e
description of what Mr . Johnson owns . After some discussion ,
Mr . Ferrito stated this should be returned to the Plannin g
Commission . Mrs . Cannon agreed, since Planning did not have al l
the facts that they should have a chance to review all the facts .
Mayor Siemens concurred with Mr . Ferrito and Mrs . Cannon . Jo
Bartlett, Oak Hill Way, spoke of the problems with Oak tree s
when roadway's are built close to the,•-trees . Bradley Honholt ,131 W . Main Street, spoke in support of Mr . Johnson's roadway
and showed survey map of the area in question . Mr . Johnson ,
property owner, spoke in support of his roadway and discusse d
his water easement as described in his deed . No one else wishe d
to speak, Mr . Ferrito moved this be referred to the Town Attorne y
for review of the material submitted by Preston Hill and t o
determine whether the access easement does exist . This issue i s
continued to the September 8, 1981 Council meeting . Mrs . Cannon
seconded . Unanimously carried .
WEED Mayor Siemens stated this is the time and place duly publishe dABATEMENTfor public hearing to consider the proposed weed abatement charges .Mr . Van Houten, Public Works Director, spoke on the recommendations .
No one in the audience wished to speak on this issue, Mrs . Canno n
moved hearing be closed . Mr . Ferrito seconded . Unanimousl y
carried . Mrs . Cannon moved Resolution No . 1981-168, A RESOLUTIO N
ADOPTING REPORT DESCRIBING PARCELS OF REAL PROPERTY, AND SHOWIN G
AMOUNT OF WEED ABATEMENT CHARGES TO BE COLLECTED ON THE TAX ROL L
OF THE TOWN OF LOS GATOS IN THE COUNTY OF SANTA CLARA, FOR TH E
FISCAL YEAR 1981-82 . Mr . Ferrito seconded . Unanimously carried .
APPEAL - 28-30 Removed by the request of the applicant .
BAYVIEW AVENU E
VERBAL 1 . Mr . John Lochner, Creffield Heights, questioned the change sCOMMUNICATIONSof "Verbal Communications" to after the lengthy public hearings .
Mayor Siemens stated that verbal communications take a lo t
time and it is not fair to those who have been duly notice d
and scheduled for public hearing to have to wait for extensiv e
periods of time to be heard . Mrs . Cannon concurred wit h
this decision . Mr . Lochner requested that Council reconside r
their action . Mr . Ferrito would like the record to reflec t
he was not present when the decision was made .
2 . Harry Cohn, expressed his .distain of the dirty condition th e
downtown area has taken on, especially the corner of Sant a
Cruz and Main Street . Mr . Ferrito stated he had spoken t oMr. Bryant about the situation and Mr . Bryant is going to
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August 3, 198 1
Los Gatos, Californi a
VERBAL present plan to the Park Commission for the redesign of th e
COMMUNICATIONS Park . Complaint referred to the Parks Commission and at th e
(CONTINUED)same time have staff present to the Commission what plan s
they might have .
Mr . Egon Jensen, 182 Lester Lane, also spoke on the movin g
of the "Verbal Communications" and the five minute time limit .
4 .Ms .Simes,140 Whitney Avenue, spoke on the poor servic e
from Teleprompter . Mr . Ferrito moved to direct matter o f
Teleprompter service to the Cultural Resources Commission ,
Youth Commission and Community Services Commission for a
report to Council . Mrs . Cannon seconded . Unanimousl y
carried .
HERBICIDES -Mrs . Cannon moved to accept staff report concerning herbicide s
WEED ABATEMENT for weed abatement . Mr . Ferrito seconded . Unanimously carried .
ANNEXATIO N
ENGLEWOO D
AVENUE NO .2
. NOTICES OF
COMPLETION &
CERTIFICATES O F
ACCEPTANC E
PARKIN G
RESTRICTION -
CHARTER OAK S
DRIVE
PLANNIN G
MONTHLY REPORT S
LIQUOR STOR E
ORDINANC E
RADA R
ENFORCEMEN T
SUPPORT
AB-136 1
BROADWA Y
EXTENSION -
APPROPRIATIO N
ZONIN G
ORDINANCE
AMENDMENT -
PS ZONE
Mrs . Cannon moved to adopt Resolution No . 1981-169, A RESOLUTIO N
INITIATING PROCEEDINGS FOR THE ANNEXATION OF CERTAIN INHABITE D
TERRITORY DESIGNATED AS ENGLEWOOD AVENUE NO . 2 TO THE TOWN OF LO S
GATOS, and setting the matter for public hearing on September 8 ,
1981 . Mr . Ferrito seconded . Unanimously carried .
Mrs . Cannon moved Notices of Completion and Certificates o f
Acceptance be approved for :
a)Lot Division, 432 Los Gatos Boulevard (Hutchinson )
b)Installation of Grease Interceptor Tank at Town Servic e
Center - Project 254-GF .
Slurry Sealing of Various Streets Project 249-SS .
Installation of Carpeting in the Los Gatos Civic Center -
Project 251-CT .
Mr . Ferrito seconded . Unanimously carried .
Mrs . Cannon moved to accept the monthly Planning Report . Mr .
Ferrito seconded . Unanimously carried .
Mrs . Cannon moved to accept the report on the ordinance regardin g
liquor stores and findings required for Conditional Use Permits .
Mr . Ferrito seconded . Unanimously carried .
Mrs . Cannon moved for adoption of Resolution No . 1981-171,A
RESOLUTION CONCERNING THE USE OF RADAR FOR THE ENFORCEMENT O F
SPEED LIMITS ON TOWN ARTERIAL STREETS . Mr . Ferrito seconded .
Unanimously carried .
Mrs . Cannon moved to adopt Resolution No . 1981-172, A RESOLUTIO N
SUPPORTING AB-1361 CONCERNING THE EXPANSION OF RADAR AUTHORIT Y
FOR LOCAL MUNICIPALITIES . Mr . Ferrito seconded . Passed wit h
Mr . Ferrito abstaining .
Mrs . Cannon moved to appropriate $26,313 .55 from proceeds of th e
sale of bonds for the Broadway Extension Assessment District t o
the Broadway Extension Acquisition and Construction Account . Mr .
Ferrito seconded . Unanimously carried .
Mrs . Cannon moved to adopt Ordinance No . 1511, AN ORDINANCE O F
THE TOWN OF LOS GATOS AMENDING THE ZONING ORDINANCE CONCERNIN G
USES PERMITTED AND DEVELOPMENT STANDARDS IN THE PS (PUBLI C
SCHOOL OVERLAY) ZONE . Mr . Ferrito seconded . Unanimously carried .
c )
d )
PARKING RESTRICTION - CHARTER OAKS DRIVE . Mr .
Unanimously carried .
Mrs .Cannon moved for adoption of Resolution No . 1981-170 ,
seconded .Ferrito
August 3, 198 1
Los Gatos, Californi a
BUILDING CODE Mrs . Cannon moved for adoption of Ordinance No . 1512, (amending
AMENDMENT Section 7 .01 .145 of the Town Code, Building Code), AN ORDINANC E
OF THE TOWN OF LOS GATOS AMENDING THE TOWN CODE CONCERNING PERMI T
EXPIRATION . Mr . Ferrito seconded . Unanimously carried .
PAYROLL AND Mrs . Cannon moved for adoption of the July payroll in thy _WARRANT DEMANDS of $275,310 .76, and the July warrant demands in the amount o f
$634,373 .69 . Mr . Ferrito seconded . Unanimously carried .
AMENDMENT -Discussion was held on the examples of duties for an Administrativ e
TOWN Secretary . Mr : Stoops requested the job title and descriptio n
CLASSIFICATION be studied . Mrs . Cannon moved this be sent to a committe e
PLAN composed of the Town Manager, Town Treasurer, Town Clerk, Counci l
members Mrs . Rasmussen and Mayor Siemens, for discussion of jo b
description . A report is to be back to Council at the Septembe r
8, 1981 Council meeting . Mr . Ferrito seconded . Unanimousl y
carried .
OLDE DRIVE Mrs . Cannon moved this be continued to the Council meeting o f
September 21, 1981 and be referred to staff and the Town Attorney ,
for review . Mr . Ferrito seconded . Unanimously carried .
PERSONNEL Mr . Mora recommended Council p roceed with the appointment o f
BOARD Town residents to the Personnel Board . Mr . Ferrito moved t o
readvertise for applicants with the cut off date of Septembe r
16, 1981, at 5 :00 p .m . Reinvite those persons who had been
interviewed earlier for another interview and set Septembe r
21, 1981, for interivews . Mrs . Cannon seconded . Unanimousl y
carried.
TEST DRIVING Note and file .
VEHICLES -
PLACER OAK S
`CHAIN LINK Mrs . Cannon moved to approve a Supplemental Appropriation fro m
FENCE- SO SANTA the General Fund, in the amount of $650 .00 to cover the install -
CRUZ AVENUE ation of the fence plus contingencies . Mr . Ferrito seconded .
PROJECT 259-GF Unanimously carried .
DISCUSSION ON Discussion was held on establishing a policy on limiting th e
PUBLIC HEARINGS number of public hearings that will be heard at any one regularl y
scheduled meeting . Mayor Siemens feels the Council should hav e
control over how many public hearings are set, rather than jus t
having staff and the Clerk set them . Mr . Hill spoke against a
fixed number of public hearings . Mr . Jensen spoke on the purpos e
of holding public hearings . After further discussion,. it was
the decision of Council to be advised in advance of schedule o f
hearings . The Manager, Clerk and Mayor to work together t o
facilitate scheduling with no number limit imposed .
ADOPTION OF Mr . Mora spoke cn his report that the Council adopt a policy t o
RESOLUTIONS not adopt resolutions unless the Council has before it a fina l
draft copy of the proposed resolution . Mr . Siemens suggeste d
to adopt the resolution that discusses how Council wants to draf t
their findings and refer this back to staff and attorney for a
resolution that clearly stated the Council's intent . Mr . Siemen s
so ordered to refer this back to staff and Town Attorney .
RECESS Mayor Siemens declared a five minute recess . Council reconvene d
at 9 :35 p .m . Record shows that Mr . Ventura arrived at 9 :15 p .m .
APPOINTMENTS - The Council appointed Mr . Eric D . Carlson to a four year ter m
PLANNING on the Planning Commission . Mr . Sam E . Laub was reappointed t oCOMMISSIONanother four year term on the Planning Commission .
-4
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August 3, 198 1
Los Gatos, Californi a
15 UNIT Mr . Ferrito moved to adopt Resolution No .1981-173, A RESOLUTIO N
CONDOMINIUM -REVERSING A DECISION OF THE TOWN PLANNING COMMISSION (758, 766 &
POLLARD ROAD 768 POLLARD ROAD ., BACCI-SPINAZZI), with modifications to th e
FURTHER RESOLVED paragraph as follows : "The Architecture an d
Site Application #S-80-71 is remanded to the Commission to giv e
further consideration to the DRC recommendations and to the rati o
of parking spaces to units outside the transportation corridor ."
Mrs . Cannon seconded . Unanimously carried .
LIQUOR SALES - Discussion was held on the resolution affirming the Plannin g
444 N . SANTA Commission decision for off-premises liquor sales for 444 N .
CRUZ AVENUE Santa Cruz Avenue, Mrs . Cannon is against the resolutio n
because, "it should . not have been made retroactive". Mr . Ferrit o
wished to set the record straight on two points : 1) Th e
Ordinance was not retroactive, it was applied after its effectiv e
date ." and 2) "the proposed uses of the property is not essentia l
or desirable to the public c4nvenience or welfare . And so tha t
the proposed use of the property is not in harmony with th e
various elements or objectives of the General Plan and the purpos e
of the Ordinance ." Resolution No .1981-174,A RESOLUTION AFFIRMIN G
A DECISION OF THE TOWN PLANNING COMMISSION (444 N . SANTA CRU Z
LOUIE), was carried by a vote of thee ayes . Mrs . Cannon
voting no .
2-LOT Mr . Ventura moved to amend the resolution to read, "...
SUBDIVISION consider the aesthetic effect of an electrolier in an histori c
114 MASSOL .district ." Mr . Ferrito seconded the motion to adopt Resolutio n
AVENUE No .1981-175,A RESOLUTION MODIFYING A DECISION OF THE TOW N
PLANNING COMMISSION (-114 MASSOL AVENUE - BANNAN), as amended .
Unanimously carried .
IGC MEETING Mr . Ventura asked Council if they wanted . to become involved wit h
the IGC . Mrs . Cannon moved not to financially support the IGC .
Mr . Ferrito seconded . Motion carried by a vote of three ayes .
Mr . Ventura voting no .
LARK . AVENUE &Mr . Ferrito requested staff to monitor and report back to Counci l
OKA ROAD on parking and traffic . congestion in the vicinity of Oka Roa d
and Lark Avenue .
ABC BOARD Mr . Ventura requested the Town Attorney to advise the Alcoholi c
Beverage Control Board that the Town has filed litigatio n
concerning Number One Broadway and report back to Council wit h
recommendations for appropriate action .
ADJOURNMENT Mayor Siemens declared the meeting adjourned to an Executiv e
Session at 10 :05 p .m .,and adjourn to a joint meeting of th e
Council, Planning Commission and Town Advisory Committee o n
August 10, 1981, at 7 :30 p .m .in the Downtown Neighborhood Center .
So ordered .
ATTEST :
Rebecca L . Bain e
Deputy Clerk