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M 04-20-81April 20, 1981 Los Gatos, California TOWN COUNCIL The Town Council of the Town of Los Gatos met in the Council Chambers of the Town Hall at 7:30 p.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 Mr. Ralph Alworth, Urban Forester and another member of Division of Forestry presented the "Tree City USA" award plaque and banner to Mayor Ferrito. Los Gatos received the award based on high urban forestry standards and because the community and its governing body recognize the value of its numerous trees. ELECTION OF The chair opened nominations for Mayor. Mrs. Rasmussen moved MAYOR Mr. Peter W. Siemens be nominated. Mr. Ventura seconded. Unanimously carried. There being no further nominations, Mayor Ferrito declared nominations closed. Mr. Siemens was elected Mayor of Los Gatos on the white ballot. ELECTION OF The chair declared nominations open for Vice- Mayor. Mrs. VICE-MAYOR Rasmussen moved Brent Ventura be nominated as Vice-Mayor. Mrs. Cannon seconded. Unanimously carried. There being no further nominations, Mayor Siemens declared nominations closed. Mr. Ventura was elected Vice-Mayor of Los Gatos on the white ballot. MINUTES Mrs. Rasmussen asked for correction of the minutes on page 4, subject - ELKS CLUB PARKING LOT. Minutes should reflect that Mr. Aiello did not speak. Mrs. Cannon moved minutes be approved as corrected. Mr. Ventura seconded. Unanimously carried. WRITTEN 1. Letter from Barbara Seith, owner of property at 16505 So. COMMUNICATIONS Kennedy Road, re the refusal of the Town to issue her a Certificate of Occupancy for her property due to Mr. Folberg apparently illegally grading a small portion of land with- out the Town's permission. (Relates to agenda item VIII-D) Hold for later agenda item. 2. Letter from Attorney Randall D. Reedy, representing C.B. Hannegan's Restaurant, requesting public hearing scheduled for tonight, be continued to June 15, 1981. Mr. Ferrito moved request be -ranted. Mrs. Rasmussen seconded. Unanimously carried. 3. Letter from Karl M. Pearson, Jr., inquiring as to possibility of the Los Gatos Library joining with its neighbors In the South Bay Cooperative Library System so residents could receive all benefits of library services to which their federal and state taxes entitle them. It was consensus of Council to refer this to staff and also the Library Board. Town Manager to respond to Mr. Pearson. 4. Notice from General Telephone Co., of application filed with the Public Utilities Commission for authority to increase certain rates and charges for telephone services. Note and file. 5. Notice from Pacific Gas & Electric of application filed with the Public Utilities Commission requesting authorization to become a participant in Cool Water Program and authorize recovery of its expenditures resulting from said participation Note and file. 6. Letter from Shirley Wimmer, 14850 Blossom Hill Road, opposing a "Swinging Singles" newspaper being offered for sale, at the newspaper racks located across from the Los Gatos Post Office. Letter referred to Town Attorney, Walter Hays, for response. 7. Letter from Randy Michelson, 14210 Summit Woods, opposing the outlawing of cruising in the downtown area. Letter referred to the Youth Commission for response. - 1 - 481 April 20, 1981 Los Gatos, California WRITTEN 8. Letter from Kimberly Gardner, 16141 Escobar Avenue, opposing COMMUNICATIONS the "No Parking" on Sunday afternoons on North Santa Cruz (CONTINUED) Avenue. Letter referred to Youth Commission for response. 9. Letter from Kevin Kahlman, 15442 Via Palomino, Monte Sereno, who feels the Town should increase its efforts to stop cruising. Referred to Youth Commission for response. 10. Letter from O.L. Johns, 151 14. Santa Cruz-Avenue, protesting the use of the public sidewalk in front of his property, being used for bus passenger pick-up. Referred to staff for response and a copy of letter sent to the Community Service and Development Commission for study with regard to locating a bus depot. 11. Revenue and expenditure reports for the month of March, 1981, from the Office of Town Clerk. 12. Treasurer's report for the month of March, 1981. BID AWARD Mrs. Rasmussen moved Council accept staff recommendation and WHEELCHAIR award the contract for this work to James Griffiths, in the RAMPS 244-HCDA amount of $24,125.00 and authorize the Mayor and Clerk to sign the standard contracts on behalf of the Town. Also, authorize the staff to negotiate a change order to increase the scope of work to utilize available Federal Funds (total $39,500.00) and appropriate $39,500.00, from the HCDA Fund to cover construction costs. Mr. Ventura seconded. Unanimously carried. BID AWARD Mrs. Cannon moved Council accept staff recommendation and award CIVIC CENTER the contract to low bidder C-V.E., Inc., in the amount of UNDERGROUND $14,500.00 and authorize the Mayor and Clerk to sign the contract ELECTROLIERS on behalf of the Town. Also, allocate $16,000.00 for the year's PROJECT 236-UU Construction Tax Fund for underground utilities to cover construction costs and approximately 10% contingencies for the project. Mrs. Rasmussen seconded. Unanimously carried. PARK EMPLOYEES Bill Callahan, business agent with American Federation of State, COMPLAINT County and Municipal Employees', representing the workers of the Los Gatos Park Department on an unresolved issue that Park empolyee's have over week-end work without extra compensation and the emotional stress this has upon the employees. He also stated that Rangers and work study students are employeed by the Town and they do not have to work the long hours and always have their week-ends off. Mr. Bill Hays, employee in the Park's Department spoke on the differences of work schedules. After further discussion the Mayor stated this would be referred to staff for further study. APPEAL - CAMP Mayor Siemens stated this was the time and place noted for 4 UNIT CONDO AT continued public hearing on the appeal of Planning Commission's 14991 WINCHESTER denial of a Subdivision Application and Conditional Use Permit BOULEVARD for determination of precise density and construction of a 4-unit condominium at 14991 Winchester Boulevard. Attorney Randall Reedy, representing the appellant, spoke for the appeal. He stated the zoning use Is compatible and if Council denies the appeal he asked them to be very specific in their findings. There being no one else wishing to speak on this issue, Mr. Ferrito moved hearing be closed. Mrs. Rasmussen seconded. Unanimously carried. After further discussion, Mr. Ferrito moved to grant the appeal with findings that the Planning Commission erred and bases for denial was erroneous. The Planning Commission did not have adequate legal grounds for denial, as the development is consistent with the General Plan. Mrs. Cannon seconded. Motion fails. Mrs. Rasmussen, Mr. Ventura and Mayor Siemens voting no. Mr. Ventura moved to deny the appeal and affirm the decision of the Planning Commission and adopt Resolution No. 1981-87 entitled, A RESOLUTION AFFIRMING A DECISION OF THE TOWN PLANNING COMMISSION and the findings are as follows: (1) The proposed use is contrary to the General Plan designation of a transportation corridor; (2) The proposed 2 482 April 20, 1981 Los Gatos, California APPEAL - CAMP use for condominiums is contrary to the General Pi-an statement 4 UNIT CONDO of need for rental units; and (3) Use Permit findings of _public AT 14991 benefit cannot be made because it is contrary to the public WINCHESTER BLVD. benefit to build housing in a transportation corridor. Mrs. (CONTINUED) Rasmussen seconded. Carried by vote of three ayes. Mrs. Cannon and Mr. Ferrito voting no. BED AND BREAK- Mayor Siemens stated 'this is the time and place duly published FAST INN - ZONE for public hearing to consider Planning Commission's denial of AMENDMENT a Zoning Ordinance amendment to allow a bed and breakfast inn as an activity allowed in certain residential and commercial zones, if Conditional Use Permit is issued and modifications to the parking requirements. Mr. Philip Vlamis, 123 University Avenue, spoke in favor of the project. There being no one else wishing to speak on this issue, Mr. Ferrito moved hearing be closed. Mrs. Rasmussen seconded. Unanimously carried. After further discussion, Mr. Ventura moved Council table this matter, pending the review and recommendation from the consultant study in Downtown Specific Plan, and this issue be reconsidered at the time of the Downtown Specific Plan adoption. Mrs. Rasmussen seconded. Carried by a vote of four ayes. Mx,. Ferrito voting no. APPEAL - Continued to June 15, 1981, as requested. C.B. HANNEGAN's APPEAL - FOLBERG Mayor Siemens stated this is the time and place duly published GRADING AT for public hearing to consider the appeal of Planning Commission's 16505 S. KENNEDY denial of Architecture and Site Application S- 79-31B, for ROAD retaining wall construction and grading at 16505 S. Kennedy Road. Harry Folberg, 16146 S. Kennedy Road, owner of adjacent property, stated he was sorry for the illegal grading but felt the building of the fence would keep the ground from eroding. Milo Gwosden, Attorney for Mrs. Seith, spoke on the appeal and asked for the granting of the Use and Occupancy for his client. After further discussion, and there being no one else wishing to speak on this issue, Mrs. Cannon moved hearing be closed. Mrs. Rasmussen seconded. Unanimously carried. Discussion was held on the replacement of dirt where the illegal grading was done. Council questioned whether the hillside could be restored to its prior contours and the dangers of eroding when the rains come. Director of Public Works stated the dirt could be replaced and compacted and there should be no problems. Mr. Ferrito moved for denial of the appeal and for adoption of Resolution No. 1981- 88 entitled, A RESOLUTION APPROVING THE DECISION OF THE LOS GATOS PLANNING COMMISSION, with the findings that the applicant shall reconstruct the illegally graded hill and landscape it to avoid erosion and improve the hill's appearance with provisions guaranteeing maintenance for a few years, all to the satisfaction of the Public Works Department. Mrs. Rasmussen seconded. Unanimously carried. RECESS Mayor declared a five minute recess. Meeting reconvened at 10:00 P.M. APPEAL - LEASING Mayor Siemens stated this vas the time and place duly published OR SUB-LEASING for public hearing to consider an appeal of Architecture and BUILDING AT 367 Site Application S-80-60, condition no. 5 "The leasing or sub- LOS GATOS BLVD. leasing of office space shall not exceed 5 years from the issuance of a final occupancy permit for those spaces", for 367 Los Gatos Boulevard. Mr. Jerry Hagen spoke against the condition being placed on the building. He stated they want to restore the old victorian building and wish to borrow money to pay for the cost of rehabilitation but, if a time leasing condition is placed on this property they will not be able to get a loan. mr. Gallagher, owner of the property next to the building, spoke against having a commercial office building next to his property. - 3 - 483 April 20, 1981 Los Gatos, California APPEAL - LEASING There being no one else wishing to speak on this issue, Mrs. OR SUB- LEASING Rasmussen moved hearing be closed. Mr. Ferrito seconded. BUILDING AT 367 Unanimously carried. Discussion was held concerning Town LOS GATOS BLVD. rights and the need for further information. Mrs. Rasmussen moved the hearing be reopened and continued to May 18,1981, and staff to report on Town’s controls with reference to use permits. Mr. Ventura seconded. Unanimously carried. MIDPENINSULA The Town Manager referred to his report detailing the conditions REGIONAL OPEN and responsibilities under which the Town and the District SPACE DISTRICT would purchase, maintain, develop and operate this regional JOINT POWERS park and open space preserve and the conditions the agreement AGREEMENT (LOS would include. Craig Britton and Kay Duffy, representing the GATOS CREEK Mid-Peninsula Regional Open Space District, spoke on the PARK) agreement. Disucssion was held on agreement re access to the park. Egon Jensen, 182 Lester Lane, suggested Council to meet with the district and come up with a specific plan. After further discussion, Mr. Ferrito moved for adoption of Resolution No. 1981-89 entitled, A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS APPROVING AND AUTHORIZING EXECUTION OF A JOINT POWERS AGREEMENT FOR PURCHASE OF REAL PROPERTY AND AUTHORIZING TOWN MANAGER TO EXECUTE ANY AND ALL OTHER DOCUMENTS NECESSARY OR APPROPRIATE TO CLOSING OF THE TRANSACTION (LOS GATOS CREEK PARK). Mrs. Cannon seconded. Unanimously carried. ACQUISITION OF The Town Manager spoke on his report on acquisition of land from PROPERTY (LOS the Novitiate for Los Gatos Creek Park, stating that residents GATOS CREEK enjoy hiking and jogging on the property and have expressed PARK/NOVITIATE) interest in its preservation as open space and parkland. Due to its location adjacent to a reservoir recreation area with easy access to a State Highway, such a park would not only attract local visitors, but would be readily accessible to residents of the entire midpeninsula, giving such an acquisition project regional significance. Father James Brennan, spoke against the acquisition, stating the Novitiate did not wish to sell the property but keep it for their needs. Discussion was held on possible easement to the property. Mrs. Pearce, College Avenue, spoke against the acquisition, stating the residents in her area do not want the park and does not feel the Town has to furnish parks for the midpeninsula residents. Mary Hayes, 214 E. Main St., gave statistics on various parks in the County. Egon Jensen, spoke as to cost of Police protection and questioned if anrone had thought of the extra expense this would take for patrolling. Pat Hazel, Saratoga resident, and Bobbie Crafford both spoke against the acquisition and condemnation proceedings. Carol Connors, of the Los Gatos Board of Realtors, stated she would like to remind Council that this week we are celebrating "PRIVATE PROPERTY WEEK" and a proclamation was signed for this. There being no one else wishing to speak on this issue, Mr. Ferrito moved hearing be closed. @. Ventura seconded. Unanimously carried. After further discussion, Mr. Ferrito moved for adoption of Resolution No. 1981-90 entitled, RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS, FINDING AND DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION OF CERTAIN PROPERTIES FOR PUBLIC USE, TO WIT: FOR PUBLIC PARK, RECREATION AND OPEN SPACE PURPOSES, DESCRIBING PROPERTIES NECESSARY THEREFOR, AND AUTHORIZING AND DIRECTING ITS RETAINED LEGAL COUNSEL TO DO EVERYTHING NECESSARY TO ACQUIRE ALL INTERESTS THEREIN (LOS GATOS CREEK PARK-NOVITIATE PROPERTY). Mr. Ventura seconded. Carried by roll call vote of four Ayes: Mrs. Cannon, Mr. Ferrito, Mr. Ventura and Mayor Siemens. Noes: Mrs. Rasmussen. DEDICATION OF Town Attorney, Mr. Hays, presented a proposed ordinance which OPEN SPACE requires dedication of open space. Discussion was held on some corrections or additions to the proposed ordinance. Mrs. Rasmussen moved the reading be waived for AN ORDINANCE OF THE TOWN OF LOS GATOS ADDING SECTION 27-48 TO THE TOWN CODE REQUIRING DEDICATION OF OPEN SPACE. Mr. Ferrito seconded. Unanimously 4 484 April 20, 1981 Los Gatos, California DEDICATION OF carried. Clerk read title. Mr. Ventura moved Ordinance be OPEN SPACE introduced as amended. Mrs. Rasmussen seconded. Unanimously carried. TOWN ATTORNEY The Town Attorney stated this amendment was necessary as he is EMPLOYMENT no longer employed at Morgan Hill, therefore, they are not AGREEMENT obligated to pay any portion of his expenses towards attendance AMENDMENT of conferences, etc. Mr. Ferrito moved for the adoption of Resolution No. 1981-91 entitled, A RESOLUTION APPROVING AMENDMENT TO EMPLOYMENT AGREEMENT BETWEEN TOWN OF LOS GATOS AND WALTER V. HAYS. Mrs. Rasmussen seconded. Unanimously carried. MOBILE/MFG It was consensus of Council this be held for the May 4th, 1981 HOMES ON R-1 meeting. LOTS MODIFYING Mrs. Cannon moved for adoption of Ordinance No. 1496 entitled, PROVISIONS OF AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONING NONCONFORMING ORDINANCE CONCERNING NONCONFORMING USES. This amendment sets USE SECTION up the procedure whereby the Town can better regulate modification to nonconforming uses. Mrs. Rasmussen seconded. Unanimously carried. COUNTY REFERRALS Mrs. Cannon moved to accept staff recommendation on the following: 1391-28-40-81B Mt. Charlie Rd. Josselyn Single family home no comment. 1382-28-41-81B Madrone Dr. Beedle Single family home no comment. 12S78.8 Old Santa Cruz.Hwy. Cassel Time ext. for 2-lot subdiv. no comment. 1393-29-41-81B Call of Wild Rd. Derylo Single family home no comment. 1414-26-41-81B Zella Ct. Briggs Single family home no comment. 12378.9(R2) Skyline Blvd. Follette Revision to previously approved 4-lot subdiv. no comment.. 1387-30-49-81P Maya Way Lore Single family home and -cs use permit Property not contiguous to the Town boundary, but is annexable because it is adjacent to 2 other properties which are subject to recorded annexation agreements with the Town. Request County to deny application for conditional use permit based on fact that property is annexable and authorize staff to contact current properties subject to annexation agreements to ask for their signatures on annexation petition. 1398-33-51-81B Top of the Hill Rd. Thrift Single family home Town requests that action on application be delayed until proper plans are submitted and any approval to be granted be subject to a recorded annexation agreement with the Town. Mr. Ventura seconded. Unanimously carried. HANDICAPPED Mrs. Cannon moved to accept staff recommendation and adopt PARKING AND Resolution No. 1981-92 entitled, RESOLUTION RESCINDING HESCLUIIC14S RESTRICTED NO. 1981-77 and 1981-78 CONCERNING PARKING RESTRICTIONS AND PARKING AT LOS HANDICAPPED PARKING ZONE - LOS GATOS MUSEUM. Mr. Ventura seconded. GATOS MUSEUM Unanimously carried. CIVIC CENTER Mrs. Cannon moved for adoption of Resolution No. 1981-93 entitled, UNDERGROUND RESOLUTION EXTENDING THE COMPLIANCE DATES FOR CIVIC CENTER PROJECT 236-UU UNDERGROUND DISTRICT NO. 1979-1, PROJECT 236- UU. Mr. Ventura seconded. Unanimously carried. NOTICE OF Mrs. Cannon moved for approval of the following Notices of COMPLETION Completion and Certificates of Acceptance: Causey Lane (Nina Court) 3-lot subdivision (Williamson) - 5 - April 20, 1981 Los Gatos, California NOTICE OF 14850 Los Gatos Boulevard (Caucutt) COMPLETION Mr. Ventura seconded. Unanimously carried. (CONTINUED) BLOSSOM HILL Mrs. Cannon moved to accept staff recommendation and authorize TENNIS COURTS bid opening for May 1, 1981, at 3:00 P.M., for re-surfacing and RESURFACING striping of six tennis courts at Blossom Hill- Park. Mr. Ventura seconded. Unanimously carried. KNOWLES DRIVE Mrs. Cannon moved to accept staff report on the schedule for ASSESSMENT Knowles Drive Assessment District. Mr. Ventura seconded. DISTRICT Unanimously carried. INTERGOVERNMENTAL Mrs. Rasmussen moved to accept staff recommendation and Council REFERRAL SYSTEM take a neutral position on the referral system. Mr. Ferrito seconded. Unanimously carried. TOWN FISCAL Mr. Ferrito moved to accept staff recommendation and the Council YEAR 1980-81 concur with the revised revenue estimates for the current fiscal THIRD QUARTER year and that Council appropriate $148,500, to the appropriated BUDGET REPORT contingency of the General Fund. Mr. Ventura seconded. Unanimously carried. HUGHS, HEISS Mr. Mora presented a report on recommendations of the ASSOCIATES Management Report. Mr. Ferrito moved to approve staff recommend- MANAGEMENT ation of (A) Establishment of a Community Development Department REPORT responsible for current functions of the Planning Department, Building Department and Community Programs Office. (B) Reorganization of the Town Manager's Office and the General Services Department to provide for the position of Assistant Town Manager. Mr. Mora authorized to proceed with recruitment of Community Development Director and Assistant Town Manager. Mr. Siemens seconded. Carried by a vote of three ayes. Mrs. Cannon and Mrs. Rasmussen voting no. On recommendation of (C) Conduct a community attitude survey to assure that services provided by the Los Gatos Police Department are compatible with resident views, opinions and needs. Council requested report from staff at later date. GENERAL PLAN It was consensus of Council to approve selection process. Council REVIEW/DOWNTOWN members to submit up to ten nominees for Citizens Advisory SPECIFIC PLAN Committee by noon Wednesday, April 22, 1981. Council meeting will be adjourned to 4:00 P.M., Thursday, April 23, 1981, to discuss appointments. If this process Is not acceptable to any one Council member then, each Council member will appoint five members to the Committee. COUNTY TRANS- Mrs. Rasmussen moved to accept staff recommendation and approve PORTATION proposal in concept. Request staff to work with County on PROGRAM details of proposal and report back to Council. Mr. Ventura seconded. Carried by vote of four ayes. Mrs. Cannon voting no. TOWN LOGO No action taken. MAYOR Mayor Siemens announced the following appointments: APPOINTMENTS Association of Bay MarLyn j. Rasmussen Representative Area Government Brent N. Ventura Alternate County Sanitation Peter W. Siemens Representative District #4 Brent M. Ventura Alternate County Water Conservation MarLyn J. Rasmussen Representative Advisory Committee Ruth Cannon Alternate County Transportation Peter W. Siemens Representative Policy Committee *Thomas J. Ferrito Alternate 6 486 April 20, 1981 Los Gatos, California MAYOR Inter-City Council Ruth Cannon Representative APPOINTMENTS Marlyn j. Rasmussen Alternate (CONTINUED) Intergovernmental Brent N. Ventura Representative Council Peter W. Siemens Alternate HCD/CAC Committee Brent N. Ventura Representative Marlyn J. Rasmussen Alternate Live Oak Nutrition Ruth Cannon Representative Board Peter W. Siemens Alternate Central Fire Board Ruth Cannon Representative of Commissioners MarLyn J. Rasmussen Alternate Peninsula Division/ MarLyn J. Rasmussen Representative League of California Thomas J. Ferrito Alternate Cities Bay Area Air Quality Thomas J. Ferrito Representative Maintenance Board *Nonvoting member PARKING AT Discussion was held on the needs for more parking at the Civic CIVIC CENTER Center. Mr. Ventura moved this be referred to staff for study for additional parking spaces in the Civic Center Parking-Lot. Mrs. Cannon seconded. Carried by vote of four ayes. Mayor Siemens voting no. ST. PATRICK’S It was consensus of Council to appoint a Council subcommittee DAY EVENTS to work with the Chief of Police and downtown business repre- sentative regarding the St. Patrick's Day events. Mr. Ferrito and Mrs. Rasmussen appointed to the subcommittee. COMMISSION Discussion was held on current commission vacancies. Staff to VACANCIES prepare news release ADJOURNMENT Mrs. Rasmussen moved meeting be adjourned at 1:00 A.M., Tuesday, April 21, 1981, to be continued to 4:00 P.M., Thursday, April 23, 1981. Mr. Ferrito seconded. Unanimously carried. ATTEST: Rose E. Aldag Town Clerk 7