M 09-21-19815 3
September 21,198 1
Los Gatos, Californi 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 .
Given by all in attendance .
Lynn Miller of Senator 0!Keefes' Office, spoke to Council regardin g
several bills that are a possible concern to the Town and state d
copies of said bills and other legislation may be obtained throug h
their office .
OFFICE OF THE Mayor Siemens requested correction of the September 8, 1981 ,
TOWN CLERK minutes on Page 4,sutiject - ZONE CHANGE -LATOS PROPERTY, th e
fifth line from the bottom should read, "#12-Consideration o f
the addition of a sound barrier .." Mrs . Cannon moved minute s
be approved as corrected . Mr . Ventura seconded . Unanimousl y
carried .
Mr . Ferrito stated he would like to check the tapes on a coupl e
of items in the September 9, 1981, minutes . So he requeste d
that approval of minutes be continued to October 5, 1981 . S o
ordered .
Mrs . Cannon moved minutes of September 14, 1981,be approved a s
submitted . Mr . Ventura seconded . Unanimously carried .
WRITTEN 1 . Letter from the Los Gatos Chamber of Commerce, requestin g
COMMUNICATIONS permission to use the sidewalk area and Town Plaza for th e
Annual Fall Sidewalk Sales Days on October 16th and 17th,1981 ..
Mr . Ventura moved request be granted . Mrs . Cannon seconded .
Unanimously carried .
2.Letter from the Photographic Guild of Los Gatos, requestin g
a waiver of fees for the use of the Neighborhood Center o n
November 20, 21, and 22, 1981 . Mrs . Rasumssen moved fees b e
waived . Mr . Ferrito seconded . Unanimously carried .
3.Letter from the Crippled Children's Society, requesting t o
use the Town owned lot adjacent to the Fire Station at Lar k
and Winchester for the sale of Christmas trees from lat e
November unitl December 25,1981 . Mr .Ferrito moved reques t
be granted . Mr . Ventura seconded . Unanimously carried .
4.Claim filed against the Town on behalf of Peter D . Brotz .
Mr . Ventura moved to accept staff recommendation and pa y
the claim in the amount of $25 .00 . Mr . Ferrito seconded .
Unanimously carried .
PUBLIC HEARINGS Mayor Siemens stated this was the time and place duly publishe d
APPEAL - PEDRO'S to consider the appeal of Planning Commission's approval o f
ACCESS RAMP Architecture and Site Application S-75-35B,requesting permissio n
to construct a handicap access ramp and canopy at an existin g
restaurant . Mr .Hays,Town Attorney, spoke about the projec t
and said he has discussed it with Pedro's Attorney and they ar e
willing to contribute to some of the cost . David Takamoto ,
Architect for the project, spoke on area required for ramps .
Polly Lassettre, appellant, spoke on the concern of congestio n
plus the unsightly garbage and illegal parking by the employees '
and a lack of access for emergency vehicles . Ray Power, Grac e
Strickler and Mr . Chapson spoke against the proposal . Handicap -
ped persons speaking in favor of . the proposal were Herb Friedman ,
Jim Lewis, Jeff Bleiu, J . Lochner, Trent Fair, Barbara Morley ,
Kevin Giblin and Debby Hill . John Lochner, also spoke on th e
unsightly garbage and the parking problems . He asked about th e
projected cost of the proposal . Mr . Hays stated the cost woul d
be around $12,000 .00 . There would be a three-way split and th e
PLEDGE O F
ALLEGIANCE
PRESENTATION
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September 21, 198 1
Los Gatos, Californi a
PUBLIC HEARING- Town's share would be $4,000 .00 . After further discussion, Mrs .
APPEAL - PEDRO's Cannon moved hearing be closed . Mrs . Rasmussen seconded .Mr .
ACCESS RAMP Ferrito stated he would like a field trip because he sees n o
(CONTINUED)real indication that Pedro's is supporting the solution . Mrs .
Rasmussen withdrew her second . Motion died for lack of second .
Mr . Ventura asked that the public hearing be continued to Octobe r
5th, and a field trip be taken . Mr . Ferrito moved public hearin g
be continued to October 5th, and direct staff to set up fiel d
trip to Pedro's . Mr . Ventura seconded . Unanimously carried .
WRITTEN 1 . Letter from Mitchell-Bulot Association, regarding a progra m
COMMUNICATIONS for providing nonsubsidized Senior Citizen Housing in th e
Town of Los Gatos . After some discussion, Mr . Ferrito move d
this be referred to staff and CSDC for a report . Mrs .
Rasmussen seconded . Unanimously carried .
2.Letter from the Lions Club thanking the Town for their hel p
and participation in the 26th Annual Town Barbeque .
3.Letter fromP .G .& E . giving notice of application to th e
Public' Utilities Commission for authorization to revise it s
gas service tariff effective October 1, 1981 .
4.Letter from W . Lon McKell, 31 Mariposa Avenue, protestin g
the relining of Winchester Boulevard between Lark and Dave s
Avenues . All southbound traffic is squeezed into one lane .
He asked that the proper authorities be directed to remov e
the unneeded left turn lane and restore Winchester to th e
main artery it has been for twenty years . Mr . Ventura move d
to have staff respond to this letter, explaining the hearings ,
etc . that were held . Mr . Ferrito seconded . Unanimousl y
carried .
5.Letter from O .L . Johns, opposing the bus stop in front o f
his business located at 151 N . Santa Cruz Avenue . Refer t o
staff for response .
6.Revenue and expenditure reports for the month of_August ,
1981 from the Office of Town Clerk .
7.Letter from General Telephone Company, stating they hav e
sought and been granted an indefinite delay by the TUC i n
the implementation of its Zone 2 charge between Los Gato s
and San Jose West calling area ..
YOUTH Rich Bhandari spoke on the Youth Employment Program and aske d
EMPLOYMENT that the Town approve the Youth Advisory Commission's year roun d
PROGRAM Youth Employment Program . Authorize the staff to recruit a
Youth Employment Program Coordinator at $5 .00 per hour with n o
benefits . The Coordinator is to be housed in the Communit y
Programs Department . The . Council approved the program in concep t
using the reserved $4,000, to fund the program . After further
discussion, Mrs . Rasmussen moved to accept staff recommendatio n
and ask the staff to come back with an evaluation after one year .
Mr . Ventura seconded . Unanimously carried .
PREZONE -Mayor Siemens stated this was the time and place duly publishe d
140 CREFFIELD for public hearing on Zone Change Application requesting a Pre -
CIRCLE TO zone to R-1 :8,000 of a portion of property located on the westerl y
R-1 :8,000 boundary of Town and known as 140 Creffield Circle . There bein g
no one in the audience wishing to speak on this issue, Mr .
Ferrito moved hearing be closed . Mrs . Rasmussen seconded .
Unanimously carried . Mrs . Cannon moved reading be waived for AN
ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONING ORDINANC E
EFFECTING ZONE CHANGE NO . PREZONING TO R-1 :8,000 . Mr . Ventur a
seconded . Unanimously carried . Mrs . Cannon stated the Counci l
finds that the zone change is consistent with the General Plan ,
approves the zone change and moved ordinance be introduced . Mrs .
Rasmussen seconded . Unanimously carried .
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September 21, 198 1
Los Gatos, Californi a
APPEAL OF WINE Mayor Siemens stated this was the time and place duly publishe d
TASTING AT OLD for public hearing on appeal of Planning Commission's approva l
TOWN of Conditional Use Permit Application U-81-21, granting permis -
sion to operate a retail wine tasting room in conjunction wit h
sale of wine from an existing shopping center . Bob Hamilton ,
appellant spoke on the appeal, stating it is important that th e
policy that Council applies should pertain to everyone . Ti m
r Siemsen spoke to Council as to hours of operation and how the
tasting would be regulated . After further discussion and n o
one else wishing to speak on this matter, Mr . Ferrito move d
hearing be closed . Mrs . Rasmussen seconded . Unanimously carried .
Mrs . Cannon moved Council deny the appeal, as can not find tha t
the Planning Commission erred and a resolution be prepared b y
the Town Attorney and return to Council at the next meeting .
Mrs . Rasmussen seconded . Motion fails,as Mr . Ferrito, Mr .
Ventura and Mayor Siemens voted no .. Mrs .. Rasmussen moved fo r
roll call vote . Ayes : Mrs . Cannon, Mrs . Rasmussen . Noes :
LeeY'6 ;/9'/Mr . Ferrito, Mr . Ventura and Mayor Siemens . Mr . Ferrito move d
Council grant the appeal as Planning erred in not considerin g
the particular problems in the downtown area related to th e
number and types of establishments where alcohol is dispense d
and we find that the use is not essential or desirable to publi c
convenience for the good or welfare of the community . Mr .
Ventura seconded . Carried by a roll call vote of Ayes :. Mr .
Ferrito, Mr . Ventura and Mayor Siemens . Noes : Mrs . Cannon an d
Mrs . Rasmussen . Mr . Ferrito stated his motion in no way shoul d
be taken as indication that Mr . Hamilton's basis for the appea l
was accurate .
CONTINUE OF Mr . Ferrito moved to continue on agenda matters . Mr . Ventur a
COUNCIL seconded . Carried by a vote of four ayes . Mrs . Cannon votin g
MEETING no .
_.l
APPEAL -Mayor Siemens stated this was the time and place duly publishe d
WESTERNER PRE as public hearing to consider the appeal of Planning Commission's
SCHOOL decision to modify the Zoning approval granted by Conditiona l
Use Permit Application U-63-2, for the operation of a nurser y
school and pool at 210 Los Gatos-Almaden Road . Mr . Ferrito move d
this matter be continued to March 15, 1982,as requested b y
appellant . Oa the condition that the appellant meets all th e
conditions that were set forth by the Planning Commission . Mr .
Ventura seconded . Unanimously carried .
APPEAL -Mayor Siemens stated this was the time and place duly noted fo r
BOITANO the continued public hearing on the appeal of Planning Commission's
REZONING 831 decision to deny the Zone Change Application Z-81-5,requestin g
835 POLLARD consideration of a change of zone from R-1 :8,0.00 to "0" fo r
ROAD property located at 831 and 835 Pollard Road . Mr . Boitano spok e
for the rezoning and urged Council to grant the request fo r
rezoning . Discussion was held on rezoning's of other propertie s
surrounding the property in question . Mr . Boitano stated othe r
property owners had requested "O" Zoning and received it . No w
his property is surrounded by "0" Zone and feels he should hav e
the same zoning . There being no one else wishing to speak o n
this issue, Mr . Ferrito moved the public hearing be closed . Mrs ..
Rasmussen seconded . Unanimously carried . It was consensu s
of Council the rezoning would not be consistent with the Genera l
Plan . Mr . Ferrito moved the Town Attorney draft a resolutio n
affirming the decision of the Planning Commission and reques t
for rezoning be denied . Mr . Ventura seconded . Unanimousl y
carried .
ORDINANCE Discussion was held on the proposed ordinance re taking of minute s
EXECUTIVE of executive sessions held by the Council and the designation of a
SESSION MINUTES responsible person to take such minutes . It was consensus o f
Council the minutes should be verbatim and felt the taping o f
said sessions would be best . After further discussion, Mr .
Ferrito moved to refer this back to the Town Attorney to redraf t
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September 21, 198 1
Los Gatos, Californi a
ORDINANCE -and bring back to Council at the October 5th meeting .
EXECUTIVE Ventura seconded . Unanimously carried .
SESSION MINUTE S
(CONTINUED )
MAXHIMER - APPEAL Mr . Ventura moved for adoption of Resolution No . 1981-20 1
APPEAL entitled, A RESOLUTION DENYING AN APPEAL FROM A . DECISION O F
THE TOWN PLANNING COMMISSION, (re Top of the Hill Road widenin g
and grading around or removal of certain trees). Mrs . Canno n
seconded . Carried by a vote of four ayes . Mrs . Rasmussen abstained .
BANDOV - APPEAL Mrs .Cannon moved for adoption of Resolution No . 1981-20 2
entitled, A RESOLUTION DENYING AN APPEAL FROM A DECISION OF TH E
TOWN PLANNING, (re 7-lot subdivision on 17926 Daves Avenue -
Bandov). Mr . Ventura seconded . Unanimously carried .
ZUM RATES The Town Attorney reported that the Public Utilities Commissio n
REPORT had sent a letter to General Telephone Company staying rate '
changes and there will be no need to file petition . Hearing se t
for October 1, 198 E
VERBAL Jim Lewis spoke to Council on problems of additional curb cut s
COMMUNICATIONS that are needed in downtown area and asked that this be considere d
at budget time . Discussion was held on use of HCDA moneys an d
moneys that have been spent on handicapped access and curb cuts .
Mr . Lewis spoke on restrooms in the Civic Center not being accessibl e
to handicapped and voiced his objections to the Town staff bein g
insensitive to handicapped problems and gave examples . Counci l
requested Mr . Lewis to write to Council and list his complaints .
Mr . Feldman spoke to Council regarding development policies .
Jack Panighetti, representative of the Park Protection league ,
spoke in opposition of the Novitiate condemnation .::Cho :ncil
asked Mr . Panighetti's help in negotiations,. to ask _thesNovitiat e
to sign an agreement stating they will not develop said propert y
but keep it as open space land .
Bob Hamilton spoke to council regarding basis for wine sho p
appeal and various other appeals .
Bob Pinkham, Los Gatos Chamber of Commerce Representative, rea d
letter from Chamber objecting to the Novitiate acquisition .
Council also asked the Chamber for their help in the negotiatio n
with the Novitiate to sign an agreement stating they will no t
develop said property .
Louise Lincoln thanked the_•Council for their policy on alcoho l
and complemented the Post Office for their service .
PARKING Mr . Ferrito moved for adoption of Resolution No . 1981-203 entitled ,
PROHIBITION PARKING RESTRICTION - UNIVERSITY AVENUE, establishing parkin g
UNIVERSITY &prohibitions on west side of University Avenue south of Lar k
LARK AVENUES Avenue . Mrs . Cannon seconded . Unanimously carried .
LOADING ZONE Mr . Ferrito moved for adoption of Resolution No . 1981-204, entitle d
BACHMAN AVENUE LOADING ZONE - BACHMAN AVENUE, establishing a loading zone o n
(HANNEGAN'S)north side of Bachman Avenue west of Santa Cruz Avenue . Mrs .
Cannon-seconded . Unanimously carried .
NOTICE OF Mr . Ferrito moved for the approval of the following Certificates o f
COMPLETIONS Acceptance and Notices of Completion :
Tract 6538, Pollard Road and Parr Avenue (Snatacroce )
Civic Center, Handicapped Access Ramp (Project 237-CT )
Mrs . Cannon seconded . Unanimously carried .
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September 21, 198 1
Los Gatos, Californi a
Mr . Ferrito moved for adoption of Resolution No . 1981-20 5
entitled, ORDER VACATING A PORTION OF PUBLIC STORM DRAIN EASEMEN T
WITHIN THE LANDS OF BIRCHWOOD PARTNERS POLLARD ROAD AND TEAKWOO D
AVENUE . Mrs . Cannon seconded . Unanimously carried .
Mr . Ferrito moved for adoption of Ordinance . No . 1514 entitled ,
AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONIN G
ORDINANCE EFFECTING ZONE CHANGE . NO . 53 FROM R-1 :8 TO R-1 :8-PD .
Mrs . Cannon : seconded . Unanimously carried .
Mr . Ferrito moved for adoption of Ordinance No . 1514 entitled ,
AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONIN G
ORDINANCE EFFECTING ZONE CHANGE NO .54 FROM R-M :5-12 TO "0".
Mrs . Cannon seconded . Unanimously carried .
Mr . Ferrito moved for adoption of Ordinance No . 1515 entitled ,
AN ORDINANCE AMENDING SECTION 29-44 OF THE LOS GATOS TOWN COD E
RELATING TO THE REGULATION OF TAXI FARES . Mrs . Cannon seconded .
Carried by a vote of three ayes .Mrs .Rasmussen and Mr . Ventur a
abstained.
COUNTY
REFERRAL
Mr . Ferrito moved Council accept staff recommendations on th e
following :
1527-29-41-81CS N . side of Old Santa Cruz Hwy Gillett e
6-lot subdiv .Town Council request County to deny application .
1423-34-51-81B-81G 14930 Shannon Rd ..Binett i
Grading permit Council request delay in processing th e
application until County can supply more info as to extent o f
grading, ridgeline projection and the status of DiDuca Driv e
extension .
Mrs . Cannon seconded .Unanimously carried .
AMENDMENT TO Acting Town Manager, James VanHouten,.referred to the amendmen t
JOINT POWERS of the Joint Powers Agreement and referred to corrections tha t
AGREEMENT WITH need to be made to the amended Agreement .. Page 1, paragraph 2 ,
MID-PENINSULA ACQUISITION (last line),: to read "..paragraph 14 hereinbelow ."
REGIONAL OPEN Paragraph 3,PURCHASE TERMS (the last part of the first sentence),
SPACE DISTRICT should read,"subject to the terms of paragraph 14 hereinbelow ;
the payment required for said purchase shall be made from th e
Fund established in paragraph 14 ."Discussion was held on th e
funding participation and Mr . Stoops, Town Treasurer, asked tha t
he be given ninety days instead of thirty days . His . request wa s
granted therefore, the first line under FUNDING PARTICIPATION ,
shall read "Town Hall, within ninety (90) days after approval ..".
Mr . Craig Britton, of the Mid-Peninsula Region, stated there wa s
an error under Section D and should read "USES NOT CONTEMPLATED".
That concluded correctio n .to the agreement . Further discussion
was held on the various amendments, costs of the acquisition an d
the funding participation .. Mrs . Rasmussen questioned the handling
of the funds and feels the Agreement is to general . Discussion
was held re loss of interest to the Town . Mr . Ferrito moved for
adoption of Resolution No .1981-206 entitled, A RESOLUTION
AUTHORIZING THE MAYOR TO EXECUTE AMENDMENT TO JOINT POWER S
AGREEMENT WITH MID-PENINSULA REGIONAL OPEN SPACE DISTRICT DATE D
APRIL 20, 1981,as corrected . Mr . Ventura seconded . Carried by
a vote of four ayes . Mrs . Rasmussen voting no .
Mr . Ferrito moved Council accept staff recommendation and releas e
payment of $534 .60,to the Contractor (bid amount less 10%);
authorize the Mayor to execute Notice of Completion and Certificat e
of Acceptance and authorize final payment of $59 .40 (remaining
10%) upon completion of the normal 35 day lien period . Mrs .
Cannon seconded . Unanimously carried .
ABANDONMENT -
-STORM DRAI N
EASEMENT -
TRACT 712 3
REZONIN G
LATOS PROPERT Y
15755 BLOSSO M
HILL ROA D
REZONING .-
16615 LAR K
AVENUE
TAXI CAB RAT E
INCREAS E
NOTICE O F
COMPLETION -
PROJECT 259-G F
OLDE DRIV E
CONCEPT PLANS -
PARKING LOT NO .
4A & 4 B
MEETIN G
CONTINUATIO N
CONCEPT PLAN
CIVIC CENTE R
PARKIN G
EXPANSIO N
FORBES MIL L
PEDESTRIA N
OVERCROSSIN G
RON BAKE R
CHEVROLET BI D
DEFERRE D
COMPENSATIO N
PLAN
MEDIATIO N
BOARD REQUES T
FOR HONORARIUM
COMMENDATIO N
FOR CHARLE S
WEDEMEYE R
t YARD SAL E
SIGNS
APPOINTMENTS T O
COMMISSIONS
ADJOURNMENT
September 21, 198 1
Los Gatos, Californi a
Staff reported there was no change from their report of Jun e
9, 1981, and recommends no further action be taken . Mr . Dougla s
Lincoln referred to a letter dated September 4, 1981, which ha d
not been received by the Town .Upon consent of Mr . Douglas ,
Mr . Ferrito moved this be continued to October 5, 1981 . Mrs .
Rasmussen seconded . Unanimously carried .
Mr . Ferrito moved to defer consideration of any specific proposa l
until Council has the recommendation from the Downtown Plan Study .
Mrs . Rasmussen seconded . Unanimously carried .
Mrs . Rasmussen moved the meeting be continued for another fiv e
minutes . Mr . Ferrito seconded . Unanimously carried .
Mr . Ventura moved Council accept Alternate Plan D and authoriz e
staff to proceed with an application for Architecture and Sit e
approval and the preparation of final plans and specifications .
Mr . Ferrito seconded . Unanimously carried .
Tom Fleischli,representing Prometheus asked that this be continue d
to next meeting . Mr . Ventura moved to grant the request and thi s
be continued to October 5, 1981 . Mr . Ferrito seconded . Unanimousl y
carried .
Mr . Ventura moved to accept staff recommendation and reject th e
offer of Ron Baker and staff to present new specifications in th e
near future . Mrs . Rasmussen seconded . Unanimously carried .
Mrs . Rasmussen moved for adoption of Resolution No . 1981-20 7
entitled, A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE (1 )
AGREEMENT FOR THIRD PARTY ADMINISTRATOR AND (2) CUSTODIAN AGREDMEEN T
FOR TOWN DEFERRED COMPENSATION PLAN . Mrs . Cannon se'cand.ed .
Unanimously carried .
Mrs . Rasmussen moved for continuance of this matter to .Octobe r
5, 1981 . Mrs . Cannon seconded . Unanimously carried .
Mrs . Rasmussen moved for adoption of Resolution No . 1981-20 8
entitled, A RESOLUTION COMMENDING CHARLES WEDEMEYER . Mrs . Cannon
seconded . Unanimously carried . Mr . Ventura asked that Mr ....
Wedemeyer's family be notified and make arrangements fo r
presentation at later meeting .
Mr . Ferrito requested this be referred to Planning Commission fo r
consideration of an amendment to the Sign Ordinance to regulat e
yard sale sign . Mrs . Cannon seconded . Unanimously carried .
Mr . Ferrito moved that appointments for Retirement Board an d
Personnel Board will be continued to October 5, 1981, and th e
various applicants should be notified . Mrs . Cannon seconded .
Unanimously carried .
Mayor Siemens declared the meeting adjourned at 12 :50 A .M .
ATTEST :
6