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M 04-06-81April 6, 1981 Los Gatos, California TOWN COUNCIL The Town Council of the Town of Los Gatos met in the Council Chambers at 7:30p.m., in regular session. ROLL CALL PRESENT: Ruth Cannon, MarLyn J. Rasmussen, Peter W. Siemens, Brent N. Ventura and Mayor Thomas J. Ferrito. ABSENT: None. PLEDGE OF ALLEGIANCE Given by all in attendance. PRESENTATION Mayor Ferrito presented Resolution of Commendation to the following Parking Advisory Commissioners: Elizabeth Zientek, Carol Painter and Dale Chambers for their services to the Town. MINUTES Mrs. Rasmussen moved minutes of March 16th, 17th and 23rd, 1981 be approved as submitted. Mr. Siemens Seconded. Unanimously carried. WRITTEN 1. Mayor Ferrito referred to letter from Pacific Valley Bank, COMMUNICATIONS re State/Local Partnership Program, requesting the Council (ACTION) to adopt a resolution confirming their approval of the masterplan concept, for the distribution to counties of state funding for the arts. Mrs. Rasmussen moved to accept staff recommendation and adopt Resolution 1981-69, entitled, A RESOLUTION SUPPORTING CONCEPT OF MASTERPLAN FOR STATE FUNDING OF THE ARTS, and this be referred to the Cultural Resources Commission. Mrs. Cannon seconded. Unanimously carried. 2. Mayor Ferrito referred to letter from KQED requesting the Council to adopt a resolution designating the week of April 20th through April 30th, 1981, as KQED WEEK and requested the possible donation of some item from the Town that might be auctioned off during the annual KQED auction. Mrs. Cannon moved for adoption of Resolution No. 1981-70 entitled, A RESOLUTION COMMENDING PUBLIC BROAD- CASTING STATION KQED and the Town to donate a Key to KQED for their auction. Mr. Ventura seconded. Unanimously carried. WRITTEN 3. Letter from Los Gatos Chamber of Commerce re their plans COMMUNICATIONS to hold an outdoor antique market on Saturday, May 30th, (REFERRALS) and requesting Council’s permission to use the Town Plaza for this event and block off Montebello Way for the day. After some discussion, Mrs. Cannon moved to grant the request in concept, subject to staff review. Also asked for staff report on costs re Town's support. Mrs. Rasmussen seconded. Unanimously carried. 4. Letter from Catholic Social Service of Santa Clara County requesting Council’s continued support of the Ombudsman Program and in order to maintain their outreach office are requesting $6,000.00, from the Town for this purpose. Letter from Catholic Social Service of Santa Clara County requesting a contract with the Town of Los Gatos, for the purpose of staffing the Neighborhood Center with a Director and Service Coordinator to develop a total integrating of services to the elderly. Both of the above letters were referred to Town Manager. 5. Letter from O.L. Johns, informing Council of injuries he sustained, when he stumbled over broken sidewalk at Nicholson Avenue near N. Santa Cruz Ave. Referred to the Town Attorney for response. 6. Letter from Santa Cruz County Farm Bureau requesting that Council notify State and Federal authorities that they will support aerial spraying if present measures prove ineffective in eradication of the Mediterranean Fruit Fly. (Note and file) 474 April 6, 1981 Los Gatos, California WRITTEN 7. Letter from Carolyn and Bill Pahle, opposing the aerial COMMUNICATIONS spraying of Malathion. (File) (REFERRALS) S. Letter from jack G. Parson, Director of the Photographic (CONTINUED) Guild of Los Gatos, requesting a waiver of use fees for the Downtown Neighborhood Center. Bill Griffin, spoke on the activity. Mrs. Rasmussen moved fees be waived and asked for staff to develop policy recommendations on fee charges for fiscal year 1981-82. Mr. Ventura seconded. Unanimously carried. 9. Letter from American Federation of State, County and Municipal Employees, who represent the workers at the Town Corporation Yard, requesting to be placed on the agenda. Prudence Slaathaug, representative speaking for William Callahan, asked for the agenda placement. Mayor Ferrito informed Ms. Slaathaug this could be brought up under verbal communications at any Council meeting. 10. Letter from Blanche Walton, Chairperson of the Social Responsibility Committee of the Unitarian Fellowship of Los Gatos, informing Council of their passage of a resolution unanimously supporting the Villa Vasona project. (No action taken). 11. Claim for damages filed on behalf of Diana Shannon. Mr. Ventura moved claim be denied. Mrs. Rasmussen seconded. Unanimously carried. i2. Claim for damages filed on behalf of Kathryn Ann Wheeler. Mr. Siemens moved claim be denied. Mrs. Rasmussen seconded. Unanimously carried. 13. Letter from Herb & Beverly Weinman, 14475 Shannon Road requesting clarification of pre-zoning of property under application Z-81-2, that was heard at the March 16Th, 1981, meeting. (Later agenda item VIII A-3). 14. Letter from W. Preston Thompson, requesting Council’s support on request to rezone .763 acres in Holy City from RHS-20 to AL. (County referral 458-23-42- 78Z-78P Bellicit After some discussion, Mr. Siemens moved the Council concur with its previous action and request that the County deny the zone change. Mr. Ventura seconded. Unanimously carried. POLLING PLACES Mr. Ventura moved for adoption of Resolution No. 1981-71 entitled, ELECTION OFFICERS A RESOLUTION DESIGNATING AND PROVIDING FOR THE CONSOLIDATION MAY 12TH, 1981 OF PRECINCTS LISTING POLLING PLACES AND ELECTION OFFICERS ELECTION AND PROVIDING FOR THE GIVING OF NOTICE. Mrs. Cannon seconded. Unanimously carried. CULTURAL RESOURCES Town Clerk stated that notice of vacancies on the Cultural COMMISSION Resources Commission and other commissions had been advertised VACANCIES in the paper. The deadline to receive applications was March 31st, 1981, and to date only one application for the Cultural Resources Commission has been received and there are two vacancies. It was consensus of Council to extend the time for receiving applications and they will review this at their meeting of May 4th, 1981. VERBAL Bob Tetzloff, representing Los Gatos Bicycle Club, spoke to COMMUNICATIONS Council requesting permission to hold their annual Cats Hill Race on May 10th, 1981, on same route on which it has been held before and also have their refreshment stand. Mr. Siemens moved request be granted, subject to staff approval and also subject to Council receiving written request stating the details. Mrs. Cannon seconded. Unanimously carried. Joan Steinberg, representative of Enshallal Developers, spoke on Forbes Mill condominiums being developed and on the extra costs to the developers caused by certain requirements of the Town. Ms. Steinberg asked for some relief with regards to the BMP units on the project. Mayor stated Manager has been instructed to negotiate with the developers. - 2 - 475 April 6, l981 Los Gatos, California VERBAL Candy Rose, representative of West Valley College District, COMMUNICATIONS spoke on the needs of the community and the necessity for the (CONTINUED) Town and the District to work together. Lee Bowman, Chairman of the Live Oak Nutrition Center, stated he would like to extend an invitation to Council to attend the Nutrition Center 7th Anniversary Luncheon to be held on May 15th, 1981. APPEAL OF LYNDON Mayor Ferrito stated this was the time and place noted for the PLAZA DELI continued hearing on the appeal of Planning Commission’s approval of a conditional use permit to operate a delicatessen in the Lyndon Plaza complex at 20 S. Santa Cruz Ave. Mike Silva, appellant, spoke on his concerns re serving of pre- cooked food and would like clarification on how this would be done. Applicant Dan Esposto, stated all food served is regulated by the Health Department. Also, speaking was Richard Gaines, Chairman of the Planning Commission. There being no one else wishing to speak on this issue, Mrs. Rasmussen moved public hearing be closed. Mr. Ventura seconded. Unanimously carried. After further discussion, Mrs. Rasmussen moved for adoption of Resolution No. 1981-72 entitled, A RESOLUTION OF THE TOWN OF LOS GATOS AFFIRMINGG THE DECISION OF THE PLANNING COMMISSION, and deny the appeal. Mr. Ventura seconded. Unanimously carried. ZONE CHANGE Mayor Ferrito stated this was the time and place duly published SHANNON ROAD AREA for public hearing on the proposed zone change. L. Walton, SCHOOL PROPERTY Superintendent of the Los Gatos School District, spoke on the proposed zone change and the leasing of the School District property. Ormand Smith, 124 Hilow Court, stating that uses as referred to in the PS Zone are not compatible to the surrounding area. Max Peters, spoke against PS Zoning, stating it is to broad and the finding of the Planning Commission was inconsistent with the General Plan, and this petition should be denied. Dale Hill, spoke on definitions as listed under permitted uses in Ordinance No. 1452. After further discussion, Mrs. Cannon moved this matter be referred back to Planning Commission for review of permitted uses. Mayor Ferrito would like motion to include the possible merger of the PS and Public Facility Zones. Maker of motion accepted amendment. Mr. Ventura seconded and asked for amendment to motion on the need to retain open space and turf areas for public uses. Maker of motion accepted said amendment. Motion carried Unanimously. After Further discussion, Council referred the matter back to Planning for further study of possibly split- ting the zoning, revisions to PS zone and evaluation of permitted uses, possible merger of PS and Public Facility zones and the retention of open space and turf areas. It was decided to reopen the public hearing and continue it to a later date. Mrs. Cannon moved public hearing be reopened. Mr. Ventura seconded. Unanimously carried. Mrs. Cannon moved the hearing be continued to the meeting of May 4th, 1981. Mr. Ventura seconded. Unanimously carried. APPEAL OF Mayor Ferrito stated this was the time and place duly published GARAGE EXPANSION for public hearing to consider the appeal of Planning Commission's 301 OAK MEADOW denial of an Architecture and Site application for a garage DRIVE expansion at 301 Oak Meadow Drive. Ernest Miller, developer of the project, spoke on the appeal. There being no one else wishing to speak on this issue, Mr. Ventura moved hearing be closed. Mrs. Cannon seconded. Unanimously carried. After further discussion, Mr. Ventura moved for adoption of Resolution No. 1981-73 entitled, A RESOLUTION OF THE TOWN COUNCIL AFFIRMING A DECISION OF THE PLANNING COMMISSION, and deny the appeal. Mrs. Cannon seconded. Unanimously carried. It was consensus of Council that the appellant may reapply as an amendment to PD and credit will be given for previously paid fees. - 3 - 476 April 6, 1981 Los Gatos, California NONCONFORMING Mayor Ferrito stated this was the time and place duly USES published for public hearing to consider a Zoning Ordinance amendment, modifying the provision of the non-conforming use section relating to the expansion of nonconforming uses. There being no one from the audience wishing to speak on this issue, Mrs. Rasmussen moved hearing be closed. Mr. Siemens seconded. Unanimously carried. Mrs. Rasmussen moved reading be waived for AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONING ORDINANCE CONCERNING NON- CONFORMING USES. Mrs. Cannon seconded. Unanimously carried. Clerk read title. Mr. Ventura moved to amend the ordinance by putting back the wording of "Including, but not limited to . . .",, after the first sentence of See. 3.50.085 subsection (1) and; Sec. 5.20.230 subsection (1). Mr. Ferrito seconded. Unanimously carried. Mrs. Cannon moved ordinance be introduced as amended. Mrs. Rasmussen seconded. Unanimously carried. LEAGUE MEETING Mayor referred to request from Attorney Hays, to attend the ATTENDANCE BY League of California Cities meeting at the Town’s expense. ATTORNEY Mr. Ventura moved request be approved. Mr. Siemens seconded. Unanimously carried. Town Attorney's contract with the Town to be modified and reviewed at the next Council meeting. AUTHORIZING Mr. Siemens moved for adoption of Resolution No. 1981-74 ATTORNEY - FILE entitled, A RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING SUIT ON MEDFLY THE TOWN ATTORNEY TO FILE SUIT TO ENJOIN AERIAL SPRAYING OF SPRAYING MALATHION UNTIL ALL REQUIREMENTS OF LAW ARE MET. Mr. Ventura seconded. Unanimously carried. KNIGHTS OF Town Manager, David Mora, referred to his report re complaints COLUMBUS ZONING received re the creating of noise and the parking problems in VIOLATIONS the area caused by use of the hall at 17115 Wedgewood Avenue. He stated a letter had been sent to the State (owner of the property), recommending the lease they hold with the Knights of Columbus be revoked. Mr. Chase, representative of the Knights of Columbus, stated their organization had received no notice from the State about revoking their lease. After further discussion, Mr. Ventura directed staff to contact the State informing them that the zoning of the area prohibits the use of the building but, will allow the use until the Knights of Columbus' lease expires in October, 1981. Mr. Siemens seconded. Unanimously carried. ELKS CLUB - Town Manager referred to his report re complaints of display PARKING LOT of advertising banners; service of food to other than those members belonging to the organization and leasing of a parking area which is accessory to another use. Speaking on the violations were Mrs. Bergholdt, who presented Council with pictures showing the illegal parking on the lower parking lot. Mrs. Helen Boitano, spoke of the noise. Others speaking on the violation were John Peirini and Mr. Aiello. Mr. Richard Zemke, stated violations have been corrected. Further discussion was held as to whether the violations had been corrected or not. Mr. Ventura moved this be referred to staff with report back to Council at the May 4th, 1981, meeting . Mr. Siemens seconded. Carried by a vote of four ayes. Mrs. Cannon abstained. (Amended 4/20/1981)) MOTORCYCLE CLUB David Mora, Town Manager, referred to report :re illegal use VIOLATIONS of property at 17159 Wedgewood Avenue. After further discussion it was consensus of Council to direct Attorney to respond to the club and report back at the May 4th, 1981, meeting. MONTHLY PLANNING Mrs. Cannon moved Council accept the status of Planning matters REPORT for April.- Including the Planning Commission-department work priorities April through June 1981. Mr. Siemens seconded. Unanimously carried. - 4 477 April 6, 1981 Los Gatos, California COUNTY REFERRALS Mr. Siemens moved to accept staff recommendation on the following: 1361-26-46-81V Bear Creek Rd Rohlott Variance to reduce side yard no comment. 1370-32-44-81B Soda Springs Rd. Corey Single family home no comment. 1371-32-43-81B Soda Springs Rd. Collins Single family home no comment. 1369-34-43-81B Soda Springs Rd. Barrick Single family home no comment. 1372-27-41-81B Santa Ana Rd. Frost Single family home no comment. 1377-28-40-81V Summit Rd. Woods Variance to build two story accessory bld. no comment. 1374-30-52-81B-81P Englewood Ave. Beadle Single family home & -cs Use permit Report to County Planning is unable to make required findings to grant the use permit. 991-30-52-81LA Englewood Ave. Beadle Appeal of lot line adjustment appeal denied by Bd-. of Sups. approval granted. Rae Schmuck, 16443 Englewood Avenue, spoke in opposition of lot line adjustment and asked staff to urge use permit be invalidated, as property is being annexed. Pat Beadle, spoke on lot line adjustment, stating the Board of Supervisors had granted approval. P. Franz, 16435 Englewood Avenue, asked that use permit be denied. After further discussion, Mrs. Rasmussen seconded the motion of Mr. Siemens to accept the above staff recommendations. Unanimously carried. SHANNON ROAD AND Mrs. Cannon moved for adoption of Ordinance No. 1494 entitled, KENNEDY ROAD AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONING PREZONING ORDINANCE EFFECTING ZONE CHANGE NO. 48 PREZONING TO HR-5, HR- 20 AND RC. Mrs. Rasmussen seconded. Unanimously carried. Manager instructed to respond to letter from Mr. Weinman. SLURRY SEAL Mrs. Cannon moved for adoption of Resolution No. 1981-75 VARIOUS STREETS entitled, RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS PROJECT 249-SS GATOS APPROVING PLANS AND SPECIFICATIONS FOR SLURRY SEALING OF VARIOUS STREETS, PROJECT NO. 249-SS, and authorize the Town Clerk to advertise for bids to be received on April 22nd, 1981, at 3:00 p.m. Mr. Siemens seconded. Unanimously carried. NOTICE OF Mrs. Cannon moved Notice of Completion and Certificate of COMPLETIONS Acceptance be approved for the following: Wheelchair Ramp at the Los Gatos Museum, Project 250-RS. Repair of Sanitary Sewer line in Los Gatos Creek, Project SF 80-1. Mr. Siemens seconded. Unanimously carried. PARKING 3jLrs. Cannon moved for adoption of Resolution No. 1981-76 RESTRICTION - entitled, PARKI14G RESTRICTION - TAIT AVENUE. Mr. Siemens TAIT AVENUE seconded. Unanimously carried. HANDICAPPED Mrs. Cannon moved for adoption of Resolution No. 1981-77 PARKING - TAIT entitled, HANDICAPPED PARKING - TAIT AVENUE. @Ir. Siemens AVENUE seconded. Unanimously carried. - 5 - 478 April 6, 1981 Los Gatos, California TDA FUNDS FOR Mrs. Cannon moved for adoption of Resolution No. 1981-78 BICYCLE RACKS entitled, RESOLUTION AUTHORIZING THE FILING OF AN APPLICATION WITH THE METROPOLITAN TRANSPORTATION COMMISSION FOR ALLOCATION OF TRANSPORTATION DEVELOPMENT ACT FUNDS FOR FISCAL YEAR 1981-82 (Crossed out and changed to 78. Mr. Siemens seconded. Unanimously carried. BROADWAY Mrs. Cannon moved for adoption of Resolution No. 1981-79 EXTENSION entitled, A RESOLUTION ORDERING REDUCTION OF CERTAIN ASSESSMENT ASSESSMENTS - BROADWAY EXTENSION. Mr. Siemens seconded. DISTRICT Unanimously carried. Mrs. Cannon moved for adoption of Resolution No. 1981-80 entitled, A RESOLUTION DETERMINING UNPAID ASSESSMENTS AND PROVIDING FOR ISSUANCE OF BONDS. Mr. Siemens seconded. Unanimously carried. MARCH PAYROLL Mrs. Cannon moved March payroll in the amount of $246,625.88, AND WARRANT and March warrant demands in the amount of $311,978.55, be DEMANDS approved. Mr. Siemens seconded. Unanimously carried. RENT MEDIATION Mrs. Cannon moved for adoption of Ordinance No. 1495 entitled, AMENDMENT AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING CHAPTER 24 OF THE TOWN CODE TO RESOLVE CERTAIN ISSUES OF INTERPRETATION. Mr. Siemens seconded. Unanimously carried. WILDER LOT Mr. Mora explained the proposal the Town received from Mid- MOVE-ON PROJECT Peninsula Coalition Housing Fund re the moving of the Town owned apartment to the Town owned Wilder Avenue lot. Speaking from the audience on this issue were Mr. Walton, representative of the Mid-Penlnsula Coalition Housing Fund, Keith Hosper and Bob Cowan. After further discussion, Mr- Ventura moved for adoption of Resolution No. 1981-81 entitled, A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LCS GATOS TO ACCEPT A PROPOSAL FOR ASSISTED HOUSING AS PRESENTED BY COALITION HOUSING FUND. Mrs. Cannon seconded. Unanimously carried. SIGNALIZATION After some discussion on concept plan for this signalization, N. SANTA CRUZ Mr. Ventura moved this matter be rescheduled and set for AVENUE & ANDREWS public hearing on May 4th, 1981, meeting and property owner's STREET in the surrounding areas be notified of said hearing. Mr. Siemens seconded. Unanimously carried. PROPOSED GAS Mr. Ventura moved Council accept staff recommendation and TAX INCREASE adopt Resolution No. 1981-82 entitled RESOLUTION OF THE TOWN OF LOS GATOS REGARDING STREET AND HIGHWAY FINANCING. Mr. Siemens seconded. Unanimously carried. OLDE DRIVE Director of Public Works referred to request from Mr. & Mrs. COMPLAINT Douglas Lincoln to review the status of Olde Drive. Mr. Douglas, spoke on the request for review stating the road goes over his property. E. Mannon, 152 Clover Way, stated how dangerous the road is. After further discussion, Mr. Siemens moved this matter be referred back to staff for report and explore as to the Town's rights. Mr. Ventura seconded. Unanimously carried. CIVIC CENTER Mrs. Cannon moved to accept staff recommendation and HANDICAPPED approve a supplemental appropriation in the amount of $7,500 ACCESS from Construction Tax Fund. Mr. Siemens seconded- Unanimously carried. COMMUNITY GOALS It was consensus of Council that a work session be set for Monday, April 13, 1981, at 7:30 p.m., to follow-up on the community goals identification process. - 6 - 479 April 6, 1981 Los Gatos, California VILLA VASONA Mr. Hays, Town Attorney, spoke on changes made in the AGREEMENT agreement. Mr. Jack Sheehan also spoke on said changes. Discussion was held in general on the different changes. After further discussion, in general, on the suggested changes, Mr. Siemens moved for adoption of Resolution No. 1981-83 entitled, A RESOLUTION AUTHORIZING AGREEMENT BETWEEN THE TOWN OF LOS GATOS AND VILLA VASONA, LTD., and authorize the Mayor to sign the agreement for disposition of property between the Town and the named developers. Mr. Ventura seconded. Carried by a vote of three ayes. Mrs. Cannon and Mrs. Rasmussen voting no. CONSULTANTS Mr. Siemens moved for adoption of Resolution No. 1981-84 GENERAL PLAN entitled, A RESOLUTION AUTHORIZING AGREEMENT WITH GENGE REVIEW & DOWNTOWN CONSULTANTS OF SOUTHERN CALIFORNIA and authorize Mayor to SPECIFIC PLAN sign an agreement for consultant services between the Town of Los Gatos and Genge Consultants. The Council to appropriate $173,052, from the unappropriated reserve of the General Fund for payment under the agreement. Mrs. Rasmussen seconded. Unanimously carried. HUGHES, HEISS Manager presented report on the Hughes, Heiss & Associates REPORT recommendations. It was consensus of Council to accept said report and recommendations be discussed at the work sessions. TDA- FUNDING 4.5 Mr. Siemens moved for adoption of Resolution No. 1981-85 APPLICATION FOR entitled, RESOLUTION AUTHORIZING THE FILING OF A CLAIM WITH FISCAL YEAR THE METROPOLITAN TRANSPORTATION COMMISSION FOR ALLOCATION OF 1981-82 TRANSPORTATION DEVELOPMENT ACT FUNDS FOR FISCAL YEAR 1981-82. (This is for continued operation of the Los Gatos/Saratoga/ Monte Sereno Transit Assist paratransit program), that Council approve suggested plan for the acquisition of a second Transit Assist vehicle. Council to authorize an amendment to the current (Fy 1980-81) year's program to include an additional $12,000, for capital acquisition for possible purchase of a fully accessible van this year. Mr. Ventura seconded but noted this was being done under protest. Carried by a vote of four ayes. Mrs. Cannon voting no. TOWN LOGO Continued to the next Council meeting. REFORM OF Mr. Ventura moved for adoption of Resolution No. 1981-86 ELECTION PROCESS entitled, A RESOLUTION CALLING FOR REFORMS IN THE ELECTION PROCESS. Mrs. Rasmussen seconded. Unanimously carried. RATE INCREASES Mayor Ferrito referred to Notice of General Telephone Company OF GENERAL increase of rates and spoke against said increase. Mr. J. TELEPHONE CO. Keil, Los Gatos Division Manager of the General Telephone Company, spoke on behalf of the increases and explained the conversion to Zone Usage Measurement Rates (ZUM). Further discussion was held as to where the hearings are being held and noted they are all being held in Southern California. Councilman Ventura stated he would volunteer to represent the Town at one of the hearings and register their opposition against the increase of rates. COMMISSION Mr. Mora, asked for clarification from the Council members if MINUTES they are satisfied with the minutes as provided by the Commissions. They indicated they are satisfied with the minutes. ADJOURNMENT Mrs. Rasmussen moved meeting be adjourned at 2:15, p.m., Tuesday, April 7, 1981. Mr. Siemens seconded. Unanimously carried. ATTEST: Rose E. Aldag 7 Town Clerk