MIN1981
431
January 5, 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 7:35 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 Presentation was made by Mr. Johnston of the Youth
Science
Institute located in Vasona Park. He spoke of the goals
the
Institute hopes to achieve and also spoke on the services
offered to the youth of the community. It was consensus
of
Council that written request for financial support of
this
organization should be submitted to the Manager before
budget
sessions for the coming year.
MINUTES Mayor Ferrito stated there was one correction that should
be
made and that was under the subject "COMMENDATION". It
was
Council’s intent to have three separate Resolutions
commending
Hughes, Heiss & Associates, Richard Perry, and Richard
Hughes;
therefore, the minutes should reflect this and the
following
should be added. "Mr. Siemens moved for adoption of
Resolution No.
1981-1 entitled A RESOLUTION COMMENDING RICHARD PERRY,
and
Resolution No. 1981-2 entitled A RESOLUTION COMMENDING
RICHARD
HUGHES." Mr. Ventura seconded. Unanimously carried.
Mr. Siemens moved minutes of December 1st, 2nd, and ]5th
be
approved as corrected. Mrs. Rasmussen seconded. Carried
by
vote of four ayes. Mrs. Cannon abstained.
WRITTEN 1. Letter from Sanford Getreu, representing Kosich
Construction
COMMUNICATIONS Company, requesting the public hearing on rezoning
of property
located at 15347 National Avenue be continued for
six months.
Mrs. Cannon moved request be granted and the hearing
be con-
tinued to July 6, 1981. Mr. Ventura seconded.
Unanimously
carried.
2. Letter from State Department of Water Resources
stating
their plan to distribute, through the postal
service, water
saving devices to every household in Santa Clara
County,
and are requesting the Town to adopt a Resolution
supporting
this program. Mrs. Rasmussen moved for adoption of
Resolution No. 1981-3 entitled A RESOLUTION OF THE
TOWN OF
LOS GATOS SUPPORTING SB 201. Mr. Ventura seconded.
Unanimously carried.
3. Letter from WTW Inc., representing D. Damron,
requesting
that a private street in Tract 6860 be named
Victoriana
Place. Discussion was held with regard to the
depletion of
the historic name list on file and staff was
instructed to
contact Mr. Wulf of the Historic Society for some
input.
Matter referred to staff for report at a later date.
4. Notice from Pacific Gas & Electric Co. of
application filed
with the Public Utilities Commission requesting
authoriza-
tion to increase the rates and charges for electric
and
gas service.
5. Letter from Dan Simon, owner of commercial building
being
constructed at 340 University Avenue, asking for
Council's
consideration to allow a driveway access onto
Saratoga
Avenue. Mr. Van Houten reported that the State had
juris-
diction on Saratoga Avenue, and would like to
support
Caltrans in their efforts to protect Saratoga
Avenue.
Council requested Mr. Simon to submit a diagram to
better
inform Council of what he is proposing and that this
matter
be continued to next meeting.
432 January 5
1981
Los Gatos:
California
WRITTEN 6. Letter from Chamber of Commerce opposing
Council's decision
COMMUNICATIONS to continue With a part-time Town Attorney as they
feel the
(CONTINUED) many controversial decisions being rendered by the
Council
warrants a full-time attorney.
7. Letter from Chamber of Commerce, on behalf of
the Chamber,
Lions Club and the Parade Committee, thanking
Council for
their help in making the Annual Christmas Parade a
success.
8. Letter from Chamber of Commerce thanking the
Parks Department
for assisting the Chamber with the Christmas
decorations.
9. Letter from Wm. K. Grafton, CPA, on behalf of
the Board of
Directors of Green Valley Disposal Company, Inc.,
requesting
a rate adjustment to the existing commercial and
residential
refuse disposal rates being charged in Los Gatos.
Manager
stated he would be attending meetings with other
managers
in the area to study this request.
10. Letter from Howard Anawalt, 144 Milmar Way,
proposing a
change. in the Town Building Code. The proposal is
that all
structures or decks have a minimum slope or pitch
in order
to eliminate standing or ponding of water on
built-up
roofing. (Report from Mr. Watson, Building
Official,
attached.) Council requested a copy of Mr.
Watson's report
be mailed to Mr. Anawalt and this issue would be
discussed
at the next Council meeting.
11. Two letters from Mr. 0. L. Johns requesting
the injunction
be removed from his property to allow him to
complete his
building at 151 N. Santa Cruz Avenue, and
questioning the
parking of cars on Victory Lane, when it is posted
for no
parking. Referred to Attorney for response.
12. Letter from Wesley K. Walton, Supt. of Los
Gatos Union School
District, relating to letter he had received
stating the
Council’s concern over the State's use of Berry
School play-
ground area for parking, and the removal of
playground
equipment. It was consensus of Council staff be
instructed
to send letter to School District advising them-
that, under
the Town Zoning Ordinance affecting the s6hools,
playgrounds
and turf areas at school sites that are no longer
used for
educational purposes be maintained as playgrounds
and turf
sites for use by the community.
13. Letter from the Central Labor Council of Santa
Clara County
AFL-CIO, informing Council that the Labor Council
voted
unanimously to oppose the aerial spraying of the
fruit fly
and urges all governmental bodies to voice their
opposition
to such action. (Later agenda item.)
14. Report from Andre Libante, Chairman of the
Parking Advisory
Commission, stating their recommendations as to
new parking
assessment district within the downtown area.
(Later agenda
item.)
15. Petition signed by 14 residents of the
Wedgewood Avenue area
requesting the placing of stop signs on Wedgewood
Avenue at
Lora Drive, Mulberry Drive, and LaRinconada Drive.
Mr. Ventura moved this be referred to staff for
review and
be agendized at a later date. Mr. Siemens
seconded.
Unanimously carried.
16. Letter from Santa Clara County Dental Society,
stating their
plans for a Family Fun Run Race to be held on
February 1,
1981, and requesting Council’s permission to use,
if necessary,
the right lane of Blossom Hill Road between Vasona
and Oak
Meadow Parks between 9:00 a.m. and 11:00 a.m. on
Sunday,
February 1, 1981. Mrs. Rasmussen moved to grant
request
subject to Police approval. Mr. Ventura seconded.
Unanimously carried.
17. Letter from United States Environmental
Protection Agency,
informing Council that the Notice of Final
Rulemaking related
to funding limitations in California was published
in the
Federal Register. This action has been taken
because the
2
433
January 5, 1981
Los Gatos,
California
WRITTEN California legislature has not provided the legal
authority
COMMUNICATIONS for a vehicle inspection and maintenance program as
required
(CONTINUED) by the Clean Air Act. Upon publication of this final
rule-
making, Federal funds cannot be authorized for sewage
treatment and highway projects that would contribute
to
increased air emissions. Discussion was held and it
was
consensus of Council to request a copy of the bill
relating
to this and, upon review of the bill, Council will
consider
what action to take.
18. Letter from State Solid Waste Management Board,
stating it
is their understanding the garbage collection
contract for
the Town of Los Gatos will soon be renegotiated and
it is
the policy of the State Solid Waste Management Board
to
encourage local communities, during these times of
contract
negotiations, to include a recycling function to be
per-
formed by the collector. Referred to Manager to be
included
in study renegotiation of rate adjustment with Green
Valley
Disposal Co.
19. Claim for damages filed on behalf of Robert G.
Catterton.
Mr. Siemens moved claim be denied and referred to
insurance
carrier. Mr. Ventura seconded. Unanimously carried.
20. Claim for damages filed on behalf of Thomas J.
Gilberti.
Mrs. Rasmussen moved claim be denied and referred to
insurance
carrier. Mr. Siemens seconded. Unanimously carried.
21. Claim filed on behalf of Chester Louis Fulton, Joyce
Porto,
Russell Hill and Sophie Hill. Mr. Ventura moved
claim be
denied and referred to insurance carrier. Mr.
Siemens
seconded. Unanimously carried.
22. Treasurer's monthly report for November, 1980.
YOUTH ADVISORY Mayor Ferrito referred to report from Town Clerk's
office of
COMMISSION applicants for Youth Advisory Commission. It was
consensus of
Council to extend the filing date to 12:00 Noon, January
14,
1981, and interviews will be held on January 19, 1981
prior to
the Council meeting.
VERBAL Mr. Dee Cravens, 230 Tait Avenue, spoke to Council re
the growing
COMMUNICATIONS difficulties of parking on Tait Avenue, the increase in
property
damage suffered by residents in this area, and how the
Town and
Police plan to deal with these problems, Discussion was
held on
survey of this neighborhood re preferential parking and
the poor
response that was received. Mayor stated a study will
be made
some time in the future and, possibly, Mr. Cravens could
help to
get neighbors to take an interest. Mr. Cravens was
directed to
meet with Police Department and Director of Public Works
to see
if some of his problems can be worked out.
Mr. Philip Vlamis, 123 University Avenue, inquired as to
when
Winchester Boulevard would be widened. Referred to
Public Works
for review.
USE OF Mrs. Mardi Bennett, 38 Alpine Avenue, spoke on the
preservation
FORBES MILL of Forbes Mill and how she, when serving on the Town
Council,
had been appointed (along with Mr. John Lochner) to a
committee
to look into the preservation of this landmark building,
and
has been active in this project ever since. Mrs.
Bennett
referred to a letter from Mr. Kenneth Kidwell, President
of the
Eureka Federal Savings Bank, who has made a fine
proposal to
the Town to provide a museum for the Town at Forbes
Mill.
Mr. Kidwell and curator A. Baccari were introduced.
Mrs. Cannon
moved Council approve the request in concept, instruct
staff to
negotiate with Mr. Kidwell and his representative on a
develop-
ment agreement. Mr. Ventura seconded and stated he
would like
to thank Mrs. Bennett for her continued work on this
project.
Unanimously carried.
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434 January 5,
1981
Los Gatos,
California
REQUEST FOR Wayne Moniz, West Valley Film & Video, West Valley
College,
FILMING had previously requested permission to film a two-minute
sequence in downtown Los Gatos on Sunday, January 25,
1981,
between 7:30 a.m. and 8:30 a.m. He explained what the
filming
would be and assured Council it would be in good taste.
Mrs. Cannon moved request be granted subject to Police
review.
Mrs. Rasmussen seconded. Unanimously carried.
TRAFFIC SIGNAL Mr. Siemens moved Council accept staff report re the
pedestrian
SANTA CRUZ timing on traffic signal at Santa Cruz Avenue and Main
Street.
MAIN The report states that a more extensive study will be
made and
a more detailed report will be presented at a later
date.
Mr. Ventura seconded. Unanimously carried.
CIVIC CENTER Mr. Siemens moved Council adopt Resolution No. 1981-4
entitled
PARKING LOTS TWO-HOUR PARKING -- CIVIC CENTER, NEIGHBORHOOD CENTER,
AND
LIBRARY PARKING LOTS, and direct staff to implement an
employee
sticker and a one-day parking permit. Mr. Ventura
seconded.
Unanimously carried.
LARK AVENUE Mr. Siemens moved Council accept staff report concerning
this
NORTHBOUND - subject and Mayor be authorized to ask the Director of
CalTrans
HIGHWAY 17 to reconsider the Town's request on widening of the Lark
Avenue
OFF/ON RAMPS bridge and the signalization. Mr. Ventura seconded.
Unani-
mously carried.
TRACT 6584 Mr. Siemens moved Council approve the Notice of
Completion and
715 UNIVERSITY Certificate of Acceptance for Tract 6584, 715 University
AVENUE Avenue (La Porte), and authorize the Mayor to execute
said
Notice. Mr. Ventura seconded. Unanimously carried.
PLANNING MONTHLY Mr. Siemens moved Council accept the report on January
status
REPORT of Planning matters. Mr. Ventura seconded. Unanimously
carried.
COUNTY Mr. Siemens moved Council accept staff recommendation.
on the
REFERRALS following:
780-28-41-79GV-80GA Call of the Wild Road
Cheatham
Abatement of grading violation No comment
1305-30-52-8oz Englewood Avenue Bd. of
Supr. Rezone
from R-1:8 -cs to R-1:20 -cs County P.M. hearing
1/15/81
1265-26-46-80Z-80S Bear Creek Rd. Olson
Rezone from
RHS-20S to RI-2.5 T.C. recommended denial, County
P.C.
recommended approval to Bd. of Supr. 12/18/80. Board
meeting
probably in February.
Mr. Ventura seconded. Unanimously carried.
CRESCENT HILLS Mr. Siemens moved Council approve supplemental
appropriation in
ASSESSMENT DIST. the amount of $826.49 from the Bond Construction Fund
80-7301
ANNUAL REFUND and authorize the Town Clerk to make the appropriate
refunds to
property owners who contributed to the construction of
the
water system. Mr. Ventura seconded. Unanimously
carried.
COMMUNITY HOUSING Mr. Siemens moved for adoption of Resolution No. 1981-5
entitled
CONTRACT ADDENDUM A RESOLUTION APPROVING AN ADDENDUM TO CONTRACT FOR
SERVICES WITH
COMMUNITY HOUSING DEVELOPERS, INC. and authorize Mayor
to execute
said contract on behalf of the Town. Mr. Ventura
seconded.
Unanimously carried.
BLOSSOM HILL Mr. Siemens moved Council accept staff recommendation
regarding
TENNIS COURT fees for the Blossom Hill Tennis Court card system. Fees
will
FEES now be $5.00 per card to residents within the Town
limits of
Los Gatos. Mr. Ventura seconded. Unanimously carried.
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435
January 5, 1981
Los Gatos,
California
BUILDING CODE Mr. Siemens moved for adoption of Ordinance No. 1486
entitled
1979 EDITIONS ORDINANCE OF THE TOWN OF LOS GATOS ADOPTING BY REFERENCE
WITH
MODIFICATIONS, OF 1979 EDITIONS OF THE UNIFORM BUILDING
CODE,
UNIFORM BUILDING CODE STANDARDS, UNIFORM MECHANICAL
CODE,
UNIFORM HOUSING CODE, UNIFORM CODE FOR THE ABATEMENT OF
DAN-
GEROUS BUILDING, UNIFORM PLUMBING CODE, AND 1981 EDITION
OF
NATIONAL ELECTRICAL CODE. Mr. Ventura seconded.
Unanimously
carried.
DECEMBER PAYROLL Mr. Siemens moved for approval of the December, 1980
payroll
AND WARRANT in the amount of $245,326.81 and warrant demands in the
amount
DEMANDS of $408,976-77. Mr. Ventura seconded. Unanimously
carried.
RECESS Mayor Ferrito called a recess. Meeting reconvened at
9:25 p.m.
APPEAL ON This matter was continued to July 6, 1981.
KOSICH REZONING
NATIONAL AVENUE
REZONING ALLEN Mayor Ferrito stated this was the time and place duly
published
PROPERTY - 825 for public hearing to consider a zone change from R-
1:8000 to
POLLARD ROAD 11011 for property located at 825 Pollard Road. Mr. Roy
Allen,
owner of property, and Evan Judd, Attorney for Mr.
Allen, spoke
on behalf of the rezoning. Mr. Richard Gaines, Chairman
of the
Planning Commission, spoke in opposition to rezoning.
Dis-
cussion was held as to additional trips per day this
rezoning
would generate if construction of an office building
were
allowed. There being no one else wishing to speak on
this
issue, Mrs. Cannon moved hearing be closed. Mr. Siemens
seconded. Unanimously carried. Mrs. Rasmussen moved
Council
make negative declaration. Mr. Ventura seconded.
Unanimously
carried. Mrs. Rasmussen moved reading be waived and
ordinance
be introduced rezoning as requested, as it is consistent
with
the General Plan. Motion dies for lack of second. Mr.
Ventura
moved to deny the rezoning application as Planning
Commission
did not consider the housing element of the General
Plan, and
to rezone this property could encourage conversion of
other
residences to office use in the immediate area. Mrs.
Cannon
asked that the motion also state that the Town has
plenty of
office space and is lacking housing for families. Mr.
Ventura
accepted the amendment. Mrs. Cannon seconded. Carried
by
vote of four ayes. Mrs. Rasmussen voting no.
BUILDING CODE Mayor Ferrito stated this was the time and place duly
published
APPEAL - RUGANI for public hearing to consider the appeal of the
building code
regulations for property located at 217 N. Santa Cruz
Avenue.
Mr. Bowman spoke to Council on the impact of the Town's
non-
REPORT ON conforming use regulations in the Downtown Core area,
stating
NONCONFORMING that the basic policy that nonconforming uses in
downtown core
USES only have a duration of 20 years, due to changes in
parking
regulations, and that means most of the business
district would
be phased out by 1986. After further discussion, Mr.
Siemens
moved to direct a study be done by a consultant on the
review
of the Downtown Specific Plan, General Plan, Hillside
Plan, and
Specific Plan on Route 85 Corridor, and direct staff to
prepare
an R.F.P. (Request for Proposal). Mr. Ventura
seconded.
Discussion was held as to time limits on these studies.
After
further discussion, Mr. Siemens moved to amend the
motion to
state "direct staff to prepare R.F.P. and study be done
by a
consultant on the General Plan Review and the Downtown
Specific
Plan and these R.F.P.’s be submitted to Council at the
February 2, 1981 meeting. The R.F.P.’s for Hillside
Plan and
Route 85 Corridor be submitted to Council as soon as
possible
thereafter." Mr. Ventura seconded. Mayor Ferrito stated
the
Parking Advisory Commission's recommendations would be
sup-
plied to consultant as part of data. Motion carried
unanimously.
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436 January 5, 1981
Los Gatos.
California
APPEAL Mr. Bowman referred to his report re the appeal of
Building
HEARING officials decision to deny permit to reconstruct fire
damaged
building at 217 N. Santa Cruz Avenue and gave options that
Council could take. The building permit to reconstruct
the
building was based on Section 3.50-130 of the Zoning
Ordinance.
Mr. Hayes stated he had prepared an Urgency ordinance
amending
Section 3.50-130 which would allow rebuilding of a 3,500
square
foot building and this would allow Council to make their
study
of the Downtown Area. Speaking in support of the proposed
Urgency ordinance were Mr. Gene Rugani, Larry Rugani,
Philip
Vlamis, Chris Benson, Mrs. Fred Callis, Mr. Crockett, G.
Brace,
John Lochner, and Rich Chappell, representative of the
Chamber
of Commerce. After further discussion, and no others
wishing
to speak on this issue, Mr. Ventura moved hearing be
closed.
Mrs. Rasmussen seconded. Unanimously carried. Mr.
Ferrito
moved reading be waived for Ordinance No. 1487 entitled AN
URGENCY ORDINANCE Or THE TOWN OF LOS GATOS AMENDING
SECTION
3.50.130 OF THE ZONING ORDINANCE ON AN INTERIM BASIS TO
ALLOW
RECONSTRUCTION OF A DESTROYED NONCONFORMING BUILDING WITH
A
CONDITIONAL USE PERMIT AND SPECIAL CONDITIONS, PENDING
PRE-
PARATION OF A NEW DOWNTOWN PLAN. Mrs. Cannon seconded.
Unanimously carried. Mr. Ferrito moved for adoption of
Ordinance No. 1487 entitled AN URGENCY ORDINANCE OF THE
TOWN
OF LOS GATOS AMENDING SECTION 3.50-130 OF THE ZONING
ORDINANCE
ON AN INTERIM BASIS TO ALLOW RECONSTRUCTION OF A DESTROYED
NON-
CONFORMING BUILDING WITH A CONDITIONAL USE PERMIT AND
SPECIAL
CONDITIONS, PENDING PREPARATION OF A NEW DOWNTOWN PLAN.
Mrs. Cannon seconded. Unanimously carried. Mr. Siemens
moved
for adoption of Resolution No. 1981-7 entitled A
RESOLUTION
DENYING APPEAL OF GENE RUGANI FROM DECISION OF BUILDING
OFFICIAL,
DATED DECEMBER 12, 1980. Mr. Ventura seconded.
Unanimously
carried.
NOVITIATE Superintendent of Parks and Forestry presented report on
the
PARK SITE Novitiate Park site, stating the Park Commission requests
DEVELOPMENT the Council's approval of the site plans and author7zation
for staff to prepare working drawings for the project.
Discussion was held as to problems of traffic on the
narrow
streets in the area. Persons from audience speaking in
opposition to the plans as shown by the Parks Commission
were
James Daniels, Terry Austen, Bill Mason, Sr., Walter Lord,
Al Lord, Mike Cany, Joel Ash, Lee Cunningham, Paul Kelly,
Betty Orr, and Emogene Boyle. Paul Butts, Chairman of the
Park Commission, stated the Commission felt they were
obli-
gated to develop the park and felt this concept would best
serve the neighborhood and community. Ardith Sams, a Park
Commissioner, also spoke on behalf of the plan. After
further
discussion and hearing of testimony from the residents of
the
area, Mr. Ventura moved the conceptual plan as presented
to
Council be rejected and referred to Park Commission with a
request that a less intense plan be prepared showing the
park
in more of its natural state. Mrs. Cannon seconded.
Carried
by vote of four ayes. Mr. Ferrito abstained.
Mrs. Cannon left the meeting at 12:00 p.m.
DRAINAGE
PROBLEM This matter was continued to January 19, 1981, as
requested.
COSENTINO
VACATION OF Mrs. Rasmussen moved for adoption of Resolution No. 1981-5
EASEMENT - entitled RESOLUTION OF INTENTION TO ORDER VACATION OF A
PORTION
FORBES MILL OF THE PUBLIC PEDESTRIAN ACCESS EASEMENT LYING ENTIRELY IN
PARCEL "All (FORBES MILL). That a $100.00 fee be
collected
from developers to pay for cost of proceedings, and
hearing
be set for February 2, 1981. Mr. Siemens seconded.
Unanimously carried.
KNOWLES DRIVE Mr. Siemens moved this matter be continued to January 19,
1981,
ASSESSMENT as requested by the Bonding Attorney. Mrs. Rasmussen
seconded.
DISTRICT Unanimously carried.
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437 January 5, 1981
Los Gatos,
California
DELETION OF Mr. Luckhardt, representing the car dealers on Los Gatos
PARKING - Boulevard, spoke in opposition to the proposed no parking
LOS GATOS on the east side of Los Gatos Boulevard between Shannon
BOULEVARD Road and Magneson Loop. Mr. Luckhardt made a slide pre-
sentation showing the area and giving his recommendations
so this parking could be made possible. After further
discussion, Mrs. Rasmussen moved this be returned to
staff
for further review to see if parking can be retained as
proposed by Mr. Luckhardt. Mrs. Siemens seconded.
Unanimously carried.
REPORT Manager Mora reported he has received no written report
from
MED-FLY the State to date, but is in the process of selecting a
PROGRAM Coordinator (who will be paid by the State). The Town
will
be providing office space and a telephone at the Service
Center at 41 Miles Avenue, and will be initiating,
through
the Coordinator, a publicity program to inform the public
of the phone number and the services.
TOWN ATTORNEY Continued to January 19, 1981.
CONTRACT
TOWN MANAGER Mr. Siemens moved for adoption of Resolution No. 1981-6
CONTRACT entitled A RESOLUTION APPROVING TOWN MANAGER EMPLOYMENT
AGREEMENT BETWEEN TOWN OF LOS GATOS AND DAVID R. MORA.
Mr. Ventura seconded. Unanimously carried.
SMOKING Mrs. Rasmussen requested a review of the smoking
ordinance
ORDINANCE with regard to provision being made for smoking, in some
area, at the Neighborhood Center.
ADJOURNMENT Mrs. Rasmussen moved meeting be adjourned at 12:50 a.m.,
Tuesday, January 6, 1981. Mr. Ventura seconded. Unani-
mously carried.
ATTEST:
Rose E. Aldag
Town Clerk
7
438 January 19, 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 7:40 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.
MINUTES Mrs. Rasmussen moved minutes of January 5, 1981 be approved
as submitted. Mrs. Cannon seconded. Unanimously carried.
YOUTH ADVISORY Mayor Ferrito stated that on September 15, 1980 the Town
Council
COMMISSION adopted Resolution No. 1980-136 establishing a Youth
Advisory
APPOINTMENTS Commission to consist of 2 adults, 3 high school students,
and
2 junior high school students. The closing date for
receiving
applications was January 14, 1981, and interviews were held
tonight prior to the Council meeting. Mrs. Rasmussen moved
for appointment of Terrence Daily and Charles Drummond as
adult Commission members. Mr. Ventura seconded.
Unanimously
carried. Mrs. Rasmussen moved for appointment of Colette
Craycroft and Julie Nunez as junior high school members.
Mr. Ventura seconded. Unanimously carried. Nominations
and
voting were held for the 3 high school members and the
following
were appointed: Wendy Becker, Steven White, and Rick
Bhandari.
Mayor Ferrito stated he wished to thank all students for
their
interest.
WRITTEN 1. Leaflet from the League of Friends of the Santa Clara
COMMUNICATIONS County Commission, on the Status of Women, inviting
Council
and other organizations to submit nominations for the
1980
Women of Achievement Awards. No action.
2. Letter from 0. L. Johns, asking Council to take proper
action so he can complete the construction of his
building
at 151 N. Santa Cruz Avenue. Referred to Attorney for
response.
3. Letter from Harley and Agnes Thompson, 156 Massol
Avenue,
protesting the assigned amount of assessment to their
property in the Broadway Extension Assessment District.
Later agenda item (IV-A).
4. Letter from Gene Westphalen, 311 Tait Avenue,
concerning
traffic counters placed on the roadway adjacent to his
residence. (Director of Public Works reported that
staff
is updating traffic counts in that area due to request
from
the Almond Grove Neighborhood Association, and staff
will
prepare a biannual traffic volume map for major
streets.)
It was consensus of Council that Engineering staff
should
vary the days and also the months when taking traffic
counts. After further discussion, it was requested
that
staff make some sort of analysis on this.
5. Communications from County of Sonoma, Board of
Supervisors,
re the health hazards posed to people regarding PCB
electric
capacitors owned by PG & E, plus a copy of a Resolution
as
adopted by their Board, asking for a response from our
Council. Staff to check with Santa Clara County to see
what position they have taken, and also to write PG & E
inquiring as to storage of PCB capacitors. Chief
Johnson
stated he has a meeting scheduled with PG & E
representa-
tive to discuss clean up procedures of transformers and
toxic properties of it, and he will be glad to pass
this
information along to Council.
6. Letter and report from Citizens For a Better
Environment,
informing Council of the human health effects of
spraying
and the economic impacts of the Mediterranean fruit
fly.
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January 19, 1981
Los Gatos,
California
WRITTEN Mayor Ferrito referred to letter from Santa Clara
County
COMMUNICATIONS Medical Society re Seminar to be held on January 28,
1981
(CONTINUED) at 7:30 P.M., to discuss the medical implications of
the
proposed aerial spraying of malathion to combat the
fruit
fly problem in Santa Clara County.
7. Letter from California Farm Bureau Federation, urging
the
Council to go on record supporting the eradication of
the
Medfly. No action.
8. Letter from Ming Quong Children's Center, requesting
the
use of the Civic Center facilities for their
Strawberry
Festival to be held Saturday and Sunday, June 6 and 7,
1981. They also request that fees for use of the
Community
Center be waived. Mrs. Rasmussen moved request be
granted,
and Town staff be authorized to work with the
organization.
Mr. Ventura seconded. Unanimously carried.
9. Letter from Louis Norga, owner of an apartment
building in
Los Gatos, requesting exemption of fees imposed by
Town
Rental Mediation and Arbitration process. Mr. Siemens
moved Council accept staff recommendation and deny the
request for exemption, and that Council direct Town
Manager
to review the fiscal impact of amending the Town
Rental
Mediation and Arbitration ordinance to provide for an
exemption for Section 8 units. Mr. Ventura seconded.
Unanimously carried.
10. Revenue and expenditures reports for the month of
December,
1980, from office of Town Clerk.
11. Treasurer's monthly report for December, 1980.
VERBAL Joan Hunter, 108 Louise Court, member of the Ambassador
Girl
COMMUNICATIONS Scout Troop, stated that on behalf of the Granny Scout
Troop,
she was here to present the Town with a check in the
amount of
$74-29 for the purpose of purchasing a shuffleboard for
the
Neighborhood Center.
FREE PUBLIC Mrs. Cannon moved to accept staff recommendation and
authorize
PARKING SIGNS staff to purchase and install an additional "Free Public
Parking" sign on Saratoga Avenue, west of University.
Mr. Ventura seconded. Unanimously carried.
CAMINO DEL SOL Mrs. Cannon moved for adoption of Resolution No. 1981-8
entitled
CUL-DE-SAC RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
APPROV-
PROJECT 248-ss ING PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF
STREET
IMPROVEMENTS TO CLOSE CAMINO DEL SOL AT NATIONAL AVENUE
(PROJECT
248-SS), and direct Town Clerk to advertise for bids. (Bid
opening set for 3:00 p.m. on February 17, 1981.) Mr.
Ventura
seconded. Unanimously carried.
BUS LOADING Mrs. Cannon moved for adoption of Resolution No. 1981-9.
estab-
ZONE REVISIONS lishing BUS LOADING ZONES. Mr. Ventura seconded.
Unanimously
carried.
ANCHOR/BOHNEN Manager Mora referred to staff report which states that,
prior
BOND RELEASE to annexation, this property was located In an
unincorporated
area, and there was a contract between the County and the
developer, Gerald Anchor. Upon annexation, the County
assigned
this contract to the Town of Los Gatos. Under the terms
of the
contract, the developer deposited passbooks totaling
$89,100.00.
These passbooks are being held by the Town, and staff is
recom-
mending the partial release of funds of the Faithful
Performance
portion of these bonds. After some discussion, Mrs.
Cannon
moved to release 75% of the Faithful Performance, and
authorize
the Director of Public Works to issue a letter to
California
Savings and Loan Company, authorizing the release of 75%
or
$33,412-50 of the funds on deposit to Gerald L. Anchor.
Mr. Ventura seconded. Unanimously carried.
2
440
January 19, 1981
Los Gatos,
California
LOS GATOS CREEK Mrs. Cannon moved for adoption of Resolution No. 1981-10
BIKE/PEDESTRIAN entitled RESOLUTION AUTHORIZING JOINT USE OF THE LOS
GATOS
TRAIL AGREEMENT CREEK WITH SANTA CLARA VALLEY WATER DISTRICT, and
authorize
the Mayor to sign the agreement on behalf of the Town.
Mr. Ventura seconded. Carried by vote of four ayes.
Mrs. Rasmussen voting no.
REQUEST FOR Mrs. Cannon moved to accept staff report re request for
CHANGE IN change in Building Code with regard to roof drainage and
BUILDING CODE flat roofs, and that Building official will follow up on
this at a later date. Mr. Ventura seconded. Unanimously
carried.
COUNTY Mrs. Cannon moved to accept staff recommendations of the
fol-
REFERRALS lowing:
12S78.9 Skyline Blvd. Follette Time
extension
for 4-lot subdivision recommend denial
1321-27-4o-8]v Lindbergh Ave. Apodaca
Front and
rear yard variance for single family dwelling no
comment
993-30-52-80LA Englewood Ave. Beadle
Appeal of
lot line adjustment County P.C. hearing 1/15/81
12C75.1 Old Santa Cruz Hwy. Gillette 5-
lot
cluster subdivision ASA Committee 1/22/81
Mr. Ventura seconded. Unanimously carried.
MANAGER ICMA Mrs. Cannon moved for adoption of Resolution No. 1981-11
DEFERRED entitled A RESOLUTION APPROVING THE ESTABLISHMENT OF THE
COMPENSATION ICMA DEFERRED COMPENSATION PLAN AND PARTICIPATION IN SAID
PLAN PLAN BY THE TOWN MANAGER, and authorize the Mayor to
execute
the appropriate documents. Mr. Ventura seconded.
@@Unanimously
carried.
DRIVEWAY ACCESS Mr. Simons withdrew his request for a driveway access
onto
SARATOGA AVENUE Saratoga Avenue.
REQUEST FOR Mr. Siemens moved to set a public hearing for March 2,
1981,
STOP SIGNS to consider petitioner's request to place stop signs on
WEDGEWOOD Wedgewood Avenue at Lora Drive, Mulberry Drive, and
LaRinconada
AVENUE Drive. Mr. Ventura seconded. Unanimously carried.
BROADWAY Mayor Ferrito stated this was the time and place duly
published
EXTENSION 80-2, for public hearing for the Broadway Extension 80-2
Assessment
ASSESSMENT District. Speaking in protest against the amount assigned
to
DISTRICT their properties were Jean McNamara and Harley Thompson.
Written protests were filed by Jean McNamara, Harley
Thompson,
and Mr. LaCasse. Mr. Harley Thompson spoke on the
possibility
of flooding of his property due to work on this project.
D. Raymond of WTW, engineers for this project, had not
been
aware of this possibility but would certainly
Investigate.
Mr. Arthur Strawn, 115 Broadway, spoke for the project.
There being no one else wishing to speak on this project,
Mrs. Rasmussen moved hearing be closed. Mrs. Cannon
seconded.
Unanimously carried. Mrs. Cannon moved for adoption of
Resolution No. 1981-12 entitled A RESOLUTION OVERRULING
PRO-
TESTS ON RESOLUTION OF INTENTION NO. 1980-120, AS AMENDED
(as there were less than 50'/. of the area affected by
the
assessment district protesting the district). Mr.
Siemens
seconded. Unanimously carried. Mrs. Cannon moved to
retain
the contribution of the Town of Los Gatos at 75% of the
current bid. Mr. Ventura seconded. Unanimously carried.
- 3 -
441
January 19, 1981
Los Gatos,
California
BROADWAY Mrs. Rasmussen moved for adoption of Resolution No. 1981-
13
EXTENSION 80-2, entitled A RESOLUTION OF INTENTION TO MAKE CHANGES AND
MODI-
ASSESSMENT FICATIONS, BROADWAY EXTENSION ASSESSMENT DISTRICT (hearing
DISTRICT on this will be February 17, 1981). Mrs. Cannon seconded.
(CONTINUED) Carried by vote of three ayes. Mr. Ferrito and Mr. Ventura
voting no. Mrs. Rasmussen moved Council authorize
Treasurer
to negotiate for sale of bonds and report to Council on
February 17, 1981. Mr. Siemens seconded. Unanimously
carried.
REASSESSMENT Discussion was held on possible changes in the smoking
ordi-
SMOKING nance in relation to the Neighborhood Center. Jill Cody,
ORDINANCE Director of Community Programs, stated there are
provisions
for smoking in the back lobby of the Center, so people do
not have to go outside to smoke. Necessary signs are
posted
and people have been made aware of the availability of
smoking
in the back lobby. On consensus motion, Mr. Ventura moved
to
propose an amendment to the smoking ordinance under
Section
17-6 (b), first sentence, to read "Smoking is prohibited
during public meetings except in specific seats designated
for smoking and in lobbies". Mrs. Rasmussen seconded.
Motion fails. Mr. Siemens, Mrs. Cannon, and Mayor Ferrito
voting no.
SENATE BILL 33 Mayor Ferrito referred to letter from the Bay Area Air
RE: CLEAN AIR Quality Management District re SB 33 (inspection and Main-
ACT tenance on Motor Vehicles), requesting Councills support
for
SB 33 by adopting a Resolution. Mrs. Rasmussen moved for
adoption of Resolution No. 1981-14 entitled A RESOLUTION
SUPPORTING THE PROPOSED INSPECTION/MAINTENANCE PROGRAM AS
ESTABLISHED IN SB 33. Mr. Siemens seconded. Unanimously
carried.
PARK COMMISSION Shannon Shigemoto, student Park Commissioner in 1980,
STUDENT stated interviews had been held by the Interviewing
Committee,
APPOINTMENTS and recommends appointments of Michael A. Gallagher and
Pamela Sue Milstein as 1981 student Park Commissioners.
Mrs. Rasmussen moved to accept Park Commission's recom-
mendation, and appoint Michael A. Gallagher and Pamela Sue
Milstein. Mr. Siemens seconded. Unanimously carried.
COMMUNITY SER- Mayor Ferrito stated there are three vacancies on the
Community
VICES AND Services and Development Commission, and it is appropriate
DEVELOPMENT to call for applications. Mrs. Cannon moved Clerk be
author-
COMMISSION ized to Notice the three vacancies in the newspaper, and
call
VACANCIES for applicants. Mrs. Rasmussen seconded. Unanimously
carried.
COUNCIL The date set for the Council training session will be
TRAINING SESSION March 4, 1981, at 4:00 p.m.
Also wish to note there is a joint Park Commission/Council
meeting to be held on February 23, 1981, at 7:00 p.m.
SURMONT DRIVE Mr. Van Houten, Public Works Director, spoke to Council on
DRAINAGE complaints received from abutting property owners to
PROBLEM Mr. Cosentino, and is recommending that Mr. Cosentino
construct
a lined ditch, or a redwood header board, to permanently
establish positive drainage along the northerly property
line
into an existing storm drain at the northeast corner of
his
property. Albert Krysik, 159 Westhill Drive, spoke on
damages
to his property caused by the drainage problem, and
presented
a letter from Mr. Costouros, 163 Westhill Drive, who was
also
complaining of the drainage problems. Mr. Ed McCall also
spoke on the problem. Mr. Cosentino stated he had built
the
necessary ditches that will take care of run off, and
feels
no further drainage is necessary. After further
discussion,
Mr. Ventura moved Mr. Cosentino comply with the engineer's
request. Mr. Siemens seconded. Unanimously carried.
- 4 -
442 January 19, 1981
Los Gatos, California
WEST VALLEY Manager David Mora stated Police Department has been unable
FILMING to contact representatives from West Valley College
concerning
REQUEST the proposed filming to take place on January 25, 1981. If
staff is unsuccessful in contacting these individuals, then
staff will withhold approval for the filming.
KNOWLES DRIVE Mr. Van Houten, Director of Public Works, spoke on his
report
ASSESSMENT and stated the 6ngineer's report for the Knowles Drive
DISTRICT Assessment District is near completion and is scheduled for
presentation to the Council on February 2, 1981.
MEDFLY Mr. Ventura moved Council accept staff report and approve a
PROGRAM supplemental appropriation of $2,000 from the General Fund
to Parks Department, Account 539, in order to pay expendi-
tures on this program. (Separate accounting will be kept
for later reimbursement by the State.,) Council will inform
Senator Alquist and Assemblyman Konnyu that Town fully
supports
legislation to be introduced by Senator O'Keefe and
Assembly-
man Cortese to reimburse local government efforts in the
eradication of the fruit fly. Mr. Siemens seconded.
Unanimously carried.
REPEALING Town Manager referred to Section 2-16 of the Town Code re
SECTION 2-16 the requirement of a corporate surety bond for the Town
TOWN CODE Manager. Mr. Mora stated that the Town Manager is not
author-
ized to sign checks or warrants for the Town, so a
corporate
surety bond is not necessary, and recommends that Section
2-16
be repealed. Mr. Ventura moved reading be waived for AN
ORDINANCE OF THE TOWN OF LOS GATOS AMENDING CHAPTER 2,
ARTICLE If OF THE TOWN CODE TO REPEAL SECTION 2-16 THEREOF.
Mr. Siemens seconded. Unanimously carried. Mr. Ventura
moved ordinance be introduced. Mr. Siemens seconded.
Unanimously carried.
Council adjourned to executive session at 11:10 p.m.
Meeting reconvened at 11:35 P.m.
TOWN ATTORNEY Mr. Ventura moved for adoption of Resolution No. 1981-15
CONTRACT WITH entitled RESOLUTION APPROVING EMPLOYMENT AGREEMENT BETWEEN
TOWN OF LOS GATOS TOWN OF LOS GATOS AND WALTER V. HAYS OF HERRICK, LUNDGREN,
HAYS, SHAFFER & LANCEFIELD, A LEGAL ASSOCIATION. Mr.
Siemens,
seconded. Unanimously carried.
OTHER BUSINESS Mr. Ventura asked for Council permission to work with the
Police Department in conjunction with the Chamber of
Commerce
to see if it is possible to get some sort of program to
work
with the merchants and try to curb the alarming rise in
robberies in the community. If there are no objections,
he stated, he would follow up on this.
Mrs. Rasmussen asked Council to direct staff to check on
Sunnyvale's rental only zone and see what legal problems
they
have had, and also to check on the Santa Barbara density
bonus
incentive program. She would like to know how that program
(for apartment rental zoning) is working and what it
involves.
She stated that she would also like the Manager to research
whether a ceiling could be placed on candidates' spending
on
elections.
Mr. Siemens stated that a report on the Guadalupe Corridor
85
would be sent to Council for review next month. He also
stated he had met with Mr. Ventura and other citizens
regarding
the issue of locating a bus depot, and the possibility of
locating it on Town property. He has discussed this with
Staff at County Transportation, and they say there is money
available for funding when you are integrating public and
private transportation. Mr. Siemens will pursue this
further.
- 5 -
443
January 19, 1981
Los Gatos, California
ADJOURNMENT Mr. Ventura moved meeting be adjourned at 11:45 p.m.
Mr. Siemens seconded. Unanimously carried.
ATTEST:
Rose E. Aldag
Town Clerk
444
February 2, 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 7:35 p.m. in regular session.
ROLL CALL PRESENT: Ruth Cannon, MarLyn Rasmussen, Peter W. Siemens,
and Mayor Thomas J. Ferrito.
ABSENT: Brent N. Ventura.
PLEDGE OF
ALLEGIANCE Given by all in attendance.
Mr. Brent Ventura arrived at 7:38 p.m.
PRESENTATION Mayor Ferrito referred to the Great Race sponsored by the
Western Federal Savings Bank that is held annually in
January
and wished to inform the public that Western Federal
Savings
does not make any money on this event, and all proceeds go
to
an organization that serves the community. Susan Waters
and
Don Hancock, representatives of Western Federal Savings,
pre-
sented Mr. Gene Goldberg, Director of the Los Gatos-
Saratoga
Recreation Department, a check in the amount of $7,309-70
(the entire proceeds from the Race) to be used to refurbish
a room of the Recreation Department which is used by the
public. Mr. Goldberg accepted the check and expressed his
gratitude for the donation.
MINUTES Mrs. Rasmussen stated the January 19, 1981 minutes, page 5,
subject TOWN ATTORNEY CONTRACT should read "Mr. Ventura
moved
for adoption of Resolution No. 1981-15 approving the
employment
agreement between Town of Los Gatos and Walter V. Hays, as
amended." Mrs. Cannon moved minutes be approved as
corrected.
Mr. Siemens seconded. Unanimously carried.
WRITTEN 1. Letter from Daniel Cruz, Pacific West Track Club,
requesting
COMMUNICATIONS permission to hold their third annual Los Gatos-
Vasona
]OK footrace, the event to be held March 1, 1981 at
9:00 a.m.
Mr. Siemens moved to accept staff recommendation and
grant
permission to hold this event. Mrs. Cannon seconded.
Unanimously carried.
2. Letter-from Tevis Dooley, Jr., 106 Cherry Blossom Lane,
re Blossom Hill Tennis Court lighting. Mrs. Rasmussen
moved to accept staff recommendation which states that
re-
adjustment of the lighting system will be implemented
in
early summer on a trial basis, and that neighboring
property
owners be notified of this decision and solicit their
ideas
at the end of the trial period. Mr. Siemens seconded.
Unanimously carried.
3. Letter from Campbell Union School District in response
to
Town staff request of Campbell School Board re the use
of
Capri School. They state all school playgrounds in the
Campbell Elementary School District are accessible to
the
public for play and recreation after school hours. No
action.
4. Letter from Board of Supervisors of Napa County, urging
the Town Council to take prompt action to support the
proven programs that will successfully eradicate the
Med-
Fly. Later agenda item.
5. Letter from Tulare County Farm Bureau, urging Town
Council
to support federal, state, and county eradication
efforts.
Later agenda item.
VILLA VASONA
REFERENDUM Withdrawn from agenda for lack of signed certification.
BID AWARD Mr. Siemens moved to accept staff recommendation and award
243-SS the contract to Wm. Blomquist Inc., in the bid amount of
LOS GATOS $35,508-00 and authorize Mayor Ferrito to sign the contract
CREEK BIKE on behalf of the Town; direct Town Clerk to file the Notice
ROUTE of Determination of the negative declaration and
appropriate
$39,000 from the General Fund ($30,000 to be reimbursed by
TDA Funds). Mr. Ventura seconded. Carried by vote of four
ayes. Mrs. Rasmussen voting no.
- I -
445
February 2, 1981
Los Gatos,
California
VERBAL Jacque Spillane, member of the Los Gatos-Saratoga League of
COMMUNICATIONS Women Voters, presented Mayor and Council with a copy of
their first publication on PROTECTING THE CALIFORNIA
ENVIRON-
MENT; A CITIZEN'S GUIDE.
Also speaking to Council was a member of the Tr!-County
Association, regarding memorandums which interpret the Los
Gatos Rent Control (presented later in the agenda).
VACATION OF
PEDESTRIAN
EASEMENT -
FORBES MILL Withdrawn from the agenda.
PREZONING Mayor Ferrito stated this was the time and place duly pub-
ENGLEWOOD lished to consider the request for prezoning from R-1:8,000
AVENUE AREA to R-1:20,000 for Englewood Avenue area, from Shannon Road
and Loma Street. Speaking for the rezoning was Arrita
Frantz,
16345 Englewood Avenue. There being no one else wishing to
speak on this issue, Mrs. Cannon moved hearing be closed.
Mr. Siemens seconded. Unanimously carried. Mrs. Cannon
moved Council make negative declaration. Mr. Ventura
seconded.
Unanimously carried. Mr. Siemens moved reading be waived
for AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE
ZONING
ORDINANCE EFFECTING ZONE CHANGE NO. PREZONING FROM
R-1:8,000 to R-1:20,000. Mr. Ventura seconded.
Unanimously
carried. Mrs. Rasmussen moved ordinance be introduced with
findings that this is consistent with the General Plan.
Mr. Siemens seconded. Unanimously carried.
ENGLEWOOD Mrs. Cannon moved for adoption of Resolution No. 1981-16
AVENUE NO. I entitled A RESOLUTION INITIATING PROCEEDINGS FOR THE
ANNEXATION
ANNEXATION OF CERTAIN UNINHABITED TERRITORY DESIGNATED AS ENGLEWOOD
AVENUE NO. I TO THE TOWN OF LOS GATOS. (Public hearing set
for March 16, 1981.) Mr. Siemens seconded. Unanimously
carried.
BUS STOP - Mrs. Cannon moved for adoption of Resolution No. 1981-17
NEW TOWN entitled BUS LOADING ZONE - LOS GATOS BOULEVARD,
establishing
a bus loading zone adjacent to New Town, located at 14595
Los
Gatos Boulevard. Mr. Siemens seconded. Unanimously
carried.
AMENDMENT TO Mrs. Cannon moved for adoption of Resolution No. 1981-18
KAISER entitled RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING
THE
FOUNDATION TOWN MANAGER TO EXECUTE AN AMENDMENT TO THE GROUP MEDICAL
HEALTH PLAN AND HOSPITAL SERVICE AGREEMENT, BETWEEN THE TOWN AND KAISER
FOUNDATION HEALTH PLAN, INC. Mr. Siemens seconded. Unani-
mously carried.
BOAT RENTAL Mrs. Cannon moved Council accept staff recommendation and
CONCESSION deny the request from Albert Sieber for permission to
operate
a boat rental concession business on Los Gatos Creek, down-
stream from Vasona Dam. Mr. Siemens seconded. Unanimously
carried.
PARKLANDS ACT Mrs. Cannon moved Council accept staff recommendation and
OF 1980 adopt Resolution No. 1981-19 entitled RESOLUTION OF THE
TOWN
OF LOS GATOS APPROVING THE PRIORITY PLAN FOR EXPENDITURE OF
ALLOCATION OF FUNDS TO THE COUNTY OF SANTA CLARA FOR PARK,
BEACH, RECREATIONAL AND HISTORICAL PRESERVATION PURPOSES,
CALIFORNIA PARKLANDS ACT OF 1980, and direct staff to
pursue
grant applications. Mr. Siemens seconded. Unanimously
carried.
PROPOSITION 4 Mrs. Cannon moved Council reaffirm Council's action taken
on
REPORT June 16, 1980, concerning the appropriation of all Town
General
Fund balances to be considered as reserves within the
meaning
of Proposition 4. Mr. Siemens seconded. Unanimously
carried.
2
446
February 2, 1981
Los Gatos,
California
MONTHLY Mrs. Cannon moved Council accept the Monthly Planning
Report
PLANNING regarding the Planning Department work priorities, January
REPORT through March, 1981. Mr. Siemens seconded. Unanimously
carried.
NOTICE OF Mrs. Cannon moved for approval of Notice of Completion and
COMPLETION Certificate of Acceptance for Tract 6446, Granada Way.
TRACT 6446 Mr. Siemens seconded. Unanimously carried.
ADOPTION OF Mrs. Cannon moved for adoption of Ordinance No. 1488
entitled
ORDINANCE 1488 AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING CHAPTER 2,
REPEALING ARTICLE If OF THE TOWN CODE TO REPEAL SECTION 2-16 THEREOF
SECTION 2-16 (repeals the requirement of bond for Manager). Mr. Siemens
OF TOWN CODE seconded. Unanimously carried.
ZIENTEK ZONING Mrs. Cannon moved to accept staff response to Town
Council’s
COMPLAINT November 3, 1980 request for follow-up on possible zoning
100 TAIT and health violations at 100 Tait Avenue, which states
that
AVENUE Mr. Zientek's court action on this matter is scheduled to
be
determined on February 7, 1981. Mr. Siemens seconded.
Unanimously carried.
PAYROLL AND Mrs. Cannon moved to approve the January payroll in the
amount
WARRANT DEKANDS of $249,720-70 and January warrant demands in the amount
of
$319,462-39. Mr. Siemens seconded. Unanimously carried.
MEDFLY Town Manager referred to report from staff on the MedFly
PROGRAM eradication program giving a summary of volunteer
activities
through January and stating the MedFly coordinators funded
by the State of California will be released on February 6,
1981, and that the U.S. Department of Agriculture and
State
officials are urging local communities to continue fruit
stripping on a voluntary basis through the end of
February,
1981. After further discussion, Mr. Siemens moved Council
authorize continuation of the program through February 17,
1981. Mrs. Rasmussen seconded. Unanimously carried.
Mayor Ferrito referred to IGC recommendation. Mr. Seemens
moved for adoption of Resolution No. 1981-20 entitled A
RESOLUTION IN SUPPORT OF LOCAL RETAIL FOOD-STORES AIDING
IN THE ERADICATION EFFORT OF THE MEDITERRANEAN FRUIT FLY
BY BUYING AND MARKETING LOCAL AGRICULTURAL PRODUCTION.
Mrs. Rasmussen seconded. Unanimously carried.
Mr. Blake, from audience, recommended the Council adopt an
ordinance such as Saratoga and Sunnyvale have, which makes
it mandatory for citizens to pick their fruit or get
fined.
Discussion was held on the enforcement of such an
ordinance.
Mrs. Rasmussen moved to refer this to the Town Attorney
and
that he be instructed to prepare an ordinance for the next
meeting. Mrs. Cannon seconded. Unanimously carried.
GREEN VALLEY Mrs. Cannon moved to accept staff recommendation and set a
DISPOSAL - public hearing for February 17, 1981 to consider the
request
RATE INCREASE from Green Valley Disposal Company for an increase in
rates.
Mr. Siemens seconded. Unanimously carried.
REQUEST FOR Planning Director Lee Bowman presented Council with Draft
of
PROPOSALS - Request for Proposals (RFPS) for Downtown Specific Plan.
DOWNTOWN Discussion was held as to definition of downtown
boundaries,
SPECIFIC PLAN and staff was requested to clarify the definition.
Speaking
on the proposals were Lois Chapson, Karen Albenese, Robert
Cowan, and Susan LaForge. After further discussion,
Planning
GENERAL PLAN Director was instructed to report back to Council at the
next
REVIEW meeting regarding the boundaries of the downtown area, but
that this be deleted from the RFPS. Corrections were also
made in the draft proposals regarding consideration for
parking assessment district; input regarding traffic
circu-
- 3 -
447
February 2, 1981
Los Gatos,
California
REQUEST FOR lation; revision of schedule regarding hearing dates.
PROPOSALS - Mr. Siemens moved the RFP for the Downtown Specific Plan
DOWNTOWN be approved as corrected. Mrs. Rasmussen seconded.
SPECIFIC PLAN, Unanimously carried.
GENERAL PLAN
REVIEW Discussion was held on the RFP for the General Plan Review
(CONTINUED) and correction was made concerning the Hillside Density.
Mr. Siemens moved the RFP for General Plan Review be
approved as corrected. Mr. Ventura seconded. Unanimously
carried.
Council approved the composition of the Selection
Committee,
and Mayor Ferrito appointed Mrs. Cannon and Vice Mayor
Siemens
to the Selection Committee as Council representatives.
The
Planning Commission will also appoint a committee member.
RECESS Mayor Ferrito declared a recess. The meeting reconvened at
9:55 p.m.
SEMINAR FOR Mrs. Rasmussen moved the request of the Town Attorney, for
TOWN ATTORNEY authority to attend the League of California Cities'
program
on Civil Rights Aspects of Municipal Law, be granted.
Mr. Siemens seconded. Unanimously carried.
LOS GATOS Council reviewed the report presented by staff. Mr.
Charles
BOULEVARD - Luckhardt, representative for the auto dealers on Los
Gatos
BIKE LANE Boulevard, spoke on the loss of parking spaces in front of
PARKING dealerships and requested that parking be restored on the
RESTRICTIONS north side of Shannon Road, east of Los Gatos Boulevard.
Mr. Klepinger, Roger Ablamis, and Mrs. Franz spoke on the
parking and bike lanes. After further discussion, Mr.
Ventura
moved Town to restore parking place on the east side of
Los
Gatos Boulevard, in front of West Valley Dodge. Mrs.
Cannon
seconded. Unanimously carried. Mrs. Rasmussen moved for
adoption of Resolution No. 1981-21 entitled PARKING
RESTRICTION
- LOS GATOS BOULEVARD. Mr. Siemens seconded. Unanimously
carried.
KNOWLES DRIVE Mr. Sam Zullo, of Mark Thomas Company, spoke to Council
re-
ASSESSMENT garding the proposed project. Discussion was held as to
DISTRICT cost of the project. After further discussion, Mrs. Cannon
moved for adoption of Resolution No. 1981-22 entitled
RESO-
LUTION OF INTENTION. Mr. Siemens seconded. Unanimously
carried. Mr. Ventura moved for adoption of Resolution No.
1981-23 entitled RESOLUTION APPROVING ENGINEER’S REPORT ON
PROPOSED IMPROVEMENT IN TOWN OF LOS GATOS ASSESSMENT
DISTRICT
NO. 79-1 AND APPOINTING TIME AND PLACE FOR HEARING
PROTESTS
TO SAID IMPROVEMENT AND CALLING FOR BIDS ON SAID
IMPROVEMENT.
(Hearing set for March 16, 1981 and call for bids set for
March 3, 1981 at 3:00 P.m.) Mrs. Cannon seconded. Unani-
mously carried.
COUNTY AND Mr. Ventura moved Council approve staff recommendations as
SAN JOSE follows:
REFERRALS
1332-31-53-8]La oleander Ave. overhulse
Lot line
adjustment County is processing Council recommends
denial
due to substandard lot size of one of the resulting
lots.
993-30-52-8OLa Englewood Ave. Beadle
Appeal of
lot line adjustment Appeal denied, application
approved by
P.C. 1-15-81.
12C75.1 Old Santa Cruz Hwy. 5-lot cluster
subdivision
continued to ASA Committee, to-date uncertain.
- 4 -
448 February 2, 1981
Los Gatos,
California
COUNTY AND T 81-1-6 Harwood Road Old Orchard
Development
SAN JOSE 7-lot Subdivision Authorize Mayor to communicate
directly
REFERRALS with the Mayor of San Jose to request a boundary
adjustment
(CONTINUED) to bring this property into Los Gatos.
Mr. Siemens seconded. Unanimously carried.
PERS Mrs. Cannon moved for adoption of Resolution No. 1981-24
INVESTMENT entitled A RESOLUTION RECOMMENDING REVIEW OF CURRENT
INVEST-
POLICIES MENT POLICIES BY PERS BOARD OF DIRECTORS. Mr. Siemens
seconded. Unanimously carried. Mrs. Rasmussen requested
that a copy of the adopted resolution be sent to the IGC;
Mr. Allen, Mayor of Mountain View; and Mr. Teglia, Mayor
of Daly City.
RENTAL It was consensus of Council to agendize this issue for
the
MEDIATION meeting of February 17, 1981, and that subcommittee
members,
ORDINANCE Mr. Siemens and Mrs. Rasmussen, meet with the Town
Attorney
to review the ordinance and report to Council at the next
meeting.
TOWN OWNED LOT Discussion was held on report from Community Services and
WILDER AVENUE Development Commission. It was consensus of Council that
this be held for a later report at the March 2, 1981
Council
meeting.
USE OF Mrs. Rasmussen moved Council accept staff recommendation
to
NEIGHBORHOOD allow the Art Docents to have office space at the
Neighbor-
CENTER BY hood Center. Mr. Ventura seconded. Carried by vote of
ART DOCENTS four ayes. Mr. Ferrito abstained due to possible conflict
of interest.
DENSITY Mr. Ventura moved Council accept staff recommendation and
TRANSFER ask the Midpeninsula Regional Open Space District to
submit
ORDINANCE a suggested density transfer ordinance and any
information,
to the Town,for their consideration. Mrs. Cannon-
sej=onded.
Unanimously carried.
BROADWAY On request of Town Treasurer, Council authorized staff to
EXTENSION increase assessment district costs by $12,000. Mr.
Siemens
ASSESSMENT moved request be granted. Mrs. Cannon seconded. Unani-
DISTRICT mously carried.
COUNCIL Mr. Ventura reported on the budgetary meetings regarding
REPORTS HCDA Funds and stated the Town will get $100,000 for the
Rehabilitation program, and the organization running the
BMP program received full funding.
Mrs. Cannon reported on the number of meals served by
Live
Oak Nutrition Center, and also named the off;riers on the
Board.
Mr. Siemens reported on the Transportation Committee
meeting,
stating that the major presentation regarding Corridor 85
will be made at the IGC meeting on Thursday, February 5,
1981.
Mayor Ferrito complimented the Police Department on their
burglary suppression program and shoplifting prevention
program.
ADJOURNMENT Mayor Ferrito declared the meeting adjourned at 12:00
midnight.
ATTEST:
Rose E. Aldag
Town Clerk
5
ྭ
February 17,
1981 449
Los Gatos,
California
TOWN COUNCIL The Town Council of the Town of Los Gatos met in the
Council
Chambers of the Town Hall at 7:38 p.m. in a regular
session.
ROLL CALL PRESENT: Ruth Cannon, Marlyn J. Rasmussen, Peter W.
Siemens,
Brent N. Ventura and Thomas J. Ferrito.
ABSENT: None.
PLEDGE OF
ALLEGIANCE Given by all in attendance.
Mrs. Rasmussen introduced Barbara and Richard Look, from
London,
who were visiting the United States.
MINUTES Mr. Siemens moved minutes of February 2nd, 1981, be
approved as
submitted. Mr. Ventura seconded. Unanimously carried.
WRITTEN 1. Letter from Permit Service Company, on behalf of their
client,
COMMUNICATIONS Mobil Oil Corp., at 666 N. Santa Cruz Avenue,
requesting
(ACTION) amendment to Town Sign Ordinance to exempt the State
re7,-iired
signs from the allotted sign area. Council referred
this
item to Planning Commission and asked them to consider
amending
the sign regulations in the C-2 zone to slightly
increase
the maximum sign area for ground signs.
2. Letter from Sandy Louthian, resigning from the
Cultural
Resources Commission. Mr. Siemens moved Council
accept
resignation with regret and prepare a Resolution of
Commendation.
Mr. Ventura seconded. Unanimously carried.
Mayor referred to memo from Town Clerk re three
vacancies on
the Community Services and Development Commission.
Mrs.-
Cannon moved interviews be set for March 2, 1981. Mr.
Siemens
seconded. Unanimously carried.
WRITTEN 1. Letter from National Arbor Day Foundation, stating Los
Gatos
COMMUNICATIONS has been named as a 1980 Tree City U.S.A. State
Forester's
(REFERRALS) office will be coordinating the presentation with the
Town.
Discussion to be held - item VII A-8, later agenda
item.
2. Letter from O.L. Johns, re problems relating to the
completion
of his commercial building at 151 N. Santa Cruz
Avenue.
Referred to Town Attorney for response.
3. Letter from Mara Hook, 20 Peralta Avenue, protesting
the no
parking on N. Santa Cruz Avenue on Sunday afternoons.
Staff
to respond to Mrs. Hook's letter and a copy of the
latest
Police report be sent to Mrs. Hook.
4. Notice from Pacific Gas & Electric of application
filed with
the Public Utilities Commission for increase of
electric rates.
5. Letter from County of Santa Clara Paratransit
Coordinating
Council, re transportation needs for dialysis patients
and
asking Council to relax the service boundaries so the
patients
may be served through the TDA Program. Referred to
staff
for report.
6. Letter from Mary Hathcoat, President of Los Gatos
Meadows
Residents Association, protesting the approval of a
game
arcade in Lyndon Plaza complex. Later agenda item.
7. Revenue and expenditure reports for month of January,
1981,
from the Office of Town Clerk,
8. Treasurer's monthly report for January, 1981.
VILLA VASONA Town Manager referred to referendum petition certification
from
REFERENDUM the Town Clerk, which stated the petition contained 3,166
signatures
PETITION with 2,805 qualifying. This was certified to the Clerk by
the
CERTIFICATION County Registrar of Voters. After some discussion as to
time
schedule, Mr. Ventura moved for adoption of Resolution No.
1981-25
entitled, A RESOLUTION CALLING A SPECIAL ELECTION FOR MAY
12, 1981,
IN RESPCNSE TO A REFERENDUM PETITION CONCERNING TOWN
ORDINANCE
NO. 1485 REZONING PROPERTY COMMONLY KNOWN AS THE VILLA
VASONA.
Authorize execution of whatever agreements are necessary
to provide
that the County Registrars' Office conduct the special
election;
and appropriate $12,000, from the unappropriated General
Fund
Reserve to the Election Budget for payment to the County
for the
conduct of the special election. Siemens seconded.
Unanimously
carried.
1
450 February 17,
1981
Los Gatos,
California
VERBAL Jo Bartlett, Oak Hill Way, spoke to Council on the subject of
COMMUNICATIONS recycling in conjunction with the Green Valley Disposal rate
increase request and this be required before any new
agreements
signed. Town Manager, Mr Mora, stated this has been discussed
and will possibly be implemented at a later date.
Bob Hamilton asked for time schedule for presenting arguments
on the Villa Vasona Referendum election. Mayor asked Mr.
Hamilton to contact the Town Clerk tomorrow for this
information.
BROADWAY Mayor Ferrito stated this was the time and place duly
published
EXTENSION for public hearing on the Changes and 1,Aodifications on the
ASSESS,@NT assessment spread for Broadway Extension Assessment District.
DISTRICT Jean McNamara, 101 Broadway, spoke in opposition to the
assessment
spread, as she does not feel it is equal. Harley Thompson,
156
Massol Avenue, owner of 100 Broadway spoke on the assessment.
her. Phil Assaf, Banding Attorney, for the project spoke to
Council
re the assessment spread. There being no one else wishing to
speak on this issue, Mrs. Rasmussen moved hearing be closed.
Mrs. Cannon seconded. Unanimously carried. Further
discussion
was held as to the possibility of changing the assessment
spread
again. Town Engineer, James Van Houten, explained this could
not be done without starting over with new hearings, etc.
After
said discussion, 1,Ars. Cannon moved for adoption of
Resolution No.
1981-26 entitled, A RESOLUTION ORDERING CHANGES AND
MODIFICATIONS
BROADWAY EXTENSION ASSESSMENT DISTRICT. Mr. Ventura
seconded.
Carried by a vote of four ayes. Mr. Siemens voting no.
Mrs. Cannon moved for adoption of Resolution No. 1981-27
entitled,
A RESOLUTION AND ORDER ADOPTING ENGINEER’S REPORT, CONFIRMING
THE ASSESSMENT AND ORDERING THE WORK AND ACQUISITIONS -
BROADWAY
EXTENSION ASSESSMENT DISTRICT. Mrs. Rasmussen seconded.
Unanimously carried.
Mrs. Cannon moved for adoption of Resolution No. 1981-28
entitled,
A RESOLUTION OF AWARD OF CONTRACT - BROADWAY EXTENSION
ASSESSMENT
DISTRICT. Mrs. Rasmussen seconded. Unanimously parried.
Mrs. Cannon moved for adoption of Resolution No. 1981-29
entitled,
A RESOLUTION DESIGNATING COLLECTION OFFICER - BROADWAY
EXTENSION
ASSESSMENT DISTRICT. Mrs. Rasmussen seconded. Unanimously
carried.
Mrs. Cannon moved for adoption of Resolution No. 1981-30
entitled,
A RESOLUTION AWARDING SALE OF BONDS - BROADWAY EXTENSION
ASSESSMENT
DISTRICT. Mrs. Rasmussen seconded. Unanimously carried.
Mr. Ventura moved to allocate $29,861-44, from appropriated,
Unallocated 2107 Gas Tax Funds, to supplement funds already
budgeted
for this project. Mrs. Cannon seconded. Unanimously
carried.
Mrs. Rasmussen moved to direct Clerk to forward an Extract of
Public Works Contract Award to the Department of Industrial
Relations
within five days of award of contract. Mrs. Cannon seconded.
Unanimously carried.
Again discussion was held on the assessment spread and the
possibility
of lowering some assessments. Mr. Siemens moved to reopen
the
hearing on the assessment spread. Mrs. Rasmussen seconded.
Mr.
Assaf, Bonding Attorney, stated that means an extension would
have
to be put on Award of Contract and new hearings would have to
be
held. Mr. Stoops, Town Treasurer, spoke on possibility of
having
to get new bids for sale of bonds. Mrs. Cannon stated the
Town
is paying most of cost of this project and feels ail
properties
are benefitting by it. Mr. Ferrito and Mr. Ventura also
opposed
reopening of said hearing. Mrs. Rasmussen withdrew her
second.
Motion died for lack of a second.(amended march 2, 1981)
Mr. Stoops, referred to his report re printing of bonds for
this
assessment district and requested these bonds be numbered
Series
81-1 and term of bonds run for 12 years instead of 15 years,
and
he also spoke on reserve to be set up for bonds on the
assessment
district. Mr. Siemens moved to accept Mr. Stoops' report.
Mrs.
Rasmussen seconded. Unanimously carried.
2
February 17,
1981 451
Los Gatos,
California
GENERAL PLAN Mayor Stated this item would not be heard tonight but
will be
AMENDMENT continued to March 16, 1981, as designated on the
agenda.
EDELEN/UNIVERSITY People in audience who were present to speak on this
issue
AREA agreed to the continuation.
APPEAL - GAME Mayor Ferr4to stated this was the time and place duly
published
ARCADE - LYNDON to consider the appeal of Planning Commission decision
to
PLAZA approve a game arcade at the Lyndon Plaza complex.
Planning
Director, Lee Bowman, spoke on the application and the
restrictions the Planning Commission had placed on the
approval
of said application. Speaking against the arcade were
John
Marshall, Mrs. Coker, Arlene Desin, Mr. Troglin, Joe
Steiner
Deanne Baumgartner, Jay Desin, Pamela Knepper, Michael
Silva,
Mari DeVane, Barbara Ashwell, Ann Jennings, Dave
Stonesifer,
and Gail Randolph. These people felt it would cause
many
problems and were very much opposed to the arcade.
George
Smith, Attorney, spoke for the arcade and asked Council
to
reaffirm the findings of the Commission, stating this
business
would be an adult oriented facility and the applicant
has a
similar business in San Mateo and they have no problems.
Mr.
Johnson, Attorney, also spoke for the arcade stating it
is not
a pe@ arcade but an amusement game center and the
application
was reviewed by the Chief of Police. Mr. Richard
Gaines,
Chairman of the Planning Commission, spoke on
restrictions that
the Planning Commission had placed on this approval.
Kathy
Morgan, President of the Los Gatos Homeowners
Association,
stated the Homeowners wished to express their opposition
to
this project. After further discussion, Mrs. Rasmussen
moved
hearing be closed. Mr. Ventura seconded. Unanimously
carried.
@. Ventura moved for adoption of Resolution No. 1981-31
entitled, A RESOLUTION REVERSING A DECISION OF THE TOWN
PLANNING
COMMISSION, as the Planning Commission erred in its
decision,
in that the proposed use: is not desirable to the public
convenience or general welfare; would be detrimental to
the
public health, safety and general welfare; is to
intense for
the center and the neighborhood; and would create
traffic and
circulation problems. Therefore, the Conditional
Use Permit
is denied. Mr. Siemens seconded. Unanimously carried.
CREATION OF RDT Mayor Ferrito stated this was the time and place
duly published
(RESIDENTIAL to consider the public hearing on the creation of a
new zone
DOWNTOWN ZONE) called Downtown Residential Zone. Sam Laub, Chairman of
the
General Plan Committee and member of the Planning
Commission,
spoke on the attempt of the Committee to establish this
zone.
Discussion was held by Council re hiring of consultants
to give
input on the zoning of this area and Council does not
feel they
should establish a new zone before a study is made by
consultants.
Sue LaForge, Manager of the Chamber of Commerce, spoke
against
the creation of said zone. She feels University Avenue
should
be considered commercial as well as residential and the
reason
for study is to eliminate the non-conforming uses in the
downtown area. Bob Cowan, 222 Tait Avenue, stated this
proposed
zone is strictly R-1. William Cranston, 16461 S.
Kennedy Road,
stated the problem in the down@on-n area is parking.
Gene
Thompson, 202 University Avenue, stated at the Planning
Commission meeting many people on University and Edelen
Avenue
opposed this zoning. Zona Boyer, stated University
Avenue
should be commercial. After further discussion, Mrs.
Rasmussen
moved hearing be closed. Mr. Siemens seconded.
Unanimously
carried. Mr. Ventura moved this matter be continued to
March
2nd, 1981. Mrs. Cannon seconded. Unanimously carried.
GREEN VALLEY Mayor Ferrito stated this was the time and place duly
published
DISPOSAL - RATE to consider the request for rate increases for Green
Valley
INCREASE Disposal Co. William Grafton, CPA for Green Valley
Disposal,
spoke for the increase. There being no one else wishing
to
speak on this issue, Mrs. Rasmussen moved hearing be
closed.
Mr. Ventura seconded. Unanimously carried. Mrs. Cannon
moved
for adoption of Resolution No. 1981-32 entitled,
RESOLUTION
APPROVING RATE INCREASES REQUESTED BY GREEN VALLEY
DISPOSAL,
3
452 February 17,
1981
Los Gatos,
California
GREEN VALLEY authorize staff to work with the staff from Monte Sereno,
DISPOSAL - RATE Campbell and Saratoga in the development of a Master
INCREASE Franchise Agreement with Green Valley Disposal Co.,
effective
(CONTI1NUED) January 1, 1983 and authorize staff to prepare an amended
agreement between the Town and Green Valley Disposal Co.,
so
that the current agreement will terminate December
31,1982.
Mrs. Rasmussen seconded. Unanimously carried.
VACATION - Mayor Ferrito stated this was the time and place duly
noted for
PEDESTRIAN continued hearing on the proposed vacation of a portion
of
EASEMENT - FORBES the public pedestrian access easement lying entirely in
parcel
MILL "A", Forbes Mill. James Van Houten, Director of Public
Works,
stated the portion of the public pedestrian access
easement
is unnecessary for present or prospective public
purposes.
There being no one else wishing to speak on this issue,
Rasmussen moved hearing be closed. Mrs. Cannon seconded.
Unanimously carried. Mrs. Cannon moved for adoption of
Resolution No. 1981-33 entitled, ORDER VACATING A PORTION
OF
THE PUBLIC PEDESTRIAN ACCESS EASEME14T LYING ENTIRELY IN
PARCEL
"All FORBES MILL, and Mayor to sign on behalf of the
Town.
Clerk to record the order. Mr. Ventura seconded.
Unanimously
carried.
RENTAL MEDIATION Discussion was held on report from the Town Attorney re
ORDINANCE clarification and/or amendments of the Mediation
Ordinance,
which states that the subcommittee consisting of Mrs.
Rasmussen
and Mr. Siemens met with the Town Attorney. The
proposed.
amendments are before Council and pertain to (1)
Voluntary
Vacancies; (2) Frequency of Rent Increases; (3) Coverage
of
Section 8 Units and; (4) Enforcement of Regulatory Fee.
Speaking on these different proposals were Marge Bosetti,
Bobbie Crawford, Gordon Martin, Randy Grimes, Mr. Kato
and
Loreta Eberhardt. Mx. Ventura abstained from any
discussion.
Mrs. Rasmussen moved for introduction of the proposed
urgency
ordinance. Mrs. Cannon seconded. Motion failed as Mr.
Siemens
and Mayor Ferrito voted no and Mr. Ventura abstained.
After
further discussion, Mrs. Rasmussen moved this matter be
referred back to committee for further study and retort
back
to Council in two weeks. Mr. Siemens seconded. Carried
by
vote of four ayes. Mr. Ventura abstained.
MEDIATORS CONTRACT Town Attorney, Mr. Hays, presented amendments to contract
of
mediators as follows:
1. Eliminate the "hold harmless" paragraph entirely
and
2. Amend the "independent contractor" paragraph to
add the
following language at the end, "except that
mediator
shall be deemed an employee for purposes of
Government
Code Section 825".
Mr. Siemens moved for approval of said changes as
proposed.
Mrs. Rasmussen seconded. Carried by vote of four ayes.
@Ar.
Ventura abstained.
COUNTY REFERRALS Mr. Siemens moved Council accept staff recommendations on
the
following:
1334-27-44-81B Old Santa Cruz Hwy Miller
Remodel
existing single family home.
1336-27-44-81V Hebard Way Satterthwaite
Variance to
reduce front yard setback from 30ft to 18ft. No comment.
1338-27-44-81B Arapaho Trail Miller Single
family home
No comment.
12S78.1 Old Santa Cruz Hwy Cheatham Time
Ext. for
2-lot subdiv. No comment.
1305-30-52-80Z Englewood Ave. Frantz Zone
change from
R-1:8 to R-1:20 P.C. favors rec to Bd. of Sups.
215181.
993-30-52-SOLA Englewood Ave. Beadle Appeal
of lot
line adjustment Appealed to Bd. of Sups. to be heard
2/23/81.
Mrs. Cannon seconded. Unanimously carried.
4
February 17, 1981
4 5 3
Los Gatos,
California
REZONING Mr. Siemens moved for adoption of Ordinance No. 1489
entitled,
ENGLEWOOD AVENUE AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONING
AREA ORDINANCE EFFECTING ZONE CHANGE NO. 47 PREZONING FROM P,-
I:8,000
To R-1:20,000. Mrs. Cannon seconded. Unanimously
carried.
WEED ABATEMENT Mr. Siemens moved for adoption of Resolution No. 1981-34
entitled, A RESOLUTION DECLARING WEEDS A PUBLIC NUISANCE
AND
PROVIDING FOR THEIR ABATEMENT. (Setting public hearing
for
March 16, 1981). Mrs. Cannon seconded. Unanimously
carried.
POLICE ACTIVITY Mr. Siemens moved Council accept report on Police
Activity
REPORT - 4TH fourth quarter and annual summary for 1980. Mrs. Cannon
QUARTER seconded. Unanimously carried.
BUILDING ACTIVITY Mr. Siemens moved Council accept report on building
activity
REPORT report for calendar year 1980. Mrs. Cannon seconded.
Unanimously carried.,
TRACT 6597 FOSTER Mrs. Cannon moved for adoption of Resolution No. 1981-35
AND TOURNEY ROADS entitled, RESOLUTION APPROVING AND ACCEPTING FINAL MAP OF
TRACT
NO. 6597. Mr. Siemens seconded. Carried by vote of four
ayes.
Mr. Ventura voting no.
AMENDMENT TO Mr. Siemens moved for adoption of Resolution No. 1981-36
MEMORANDUM OF entitled, A RESOLUTION AMENDING A MEMORANDUM OF
UNDERSTANDING
UNDERSTANDING FOR BETWEEN THE TOWN OF LOS GATOS AND LOCAL 101 OF THE
AMERICAN
CORP. YARD UNIT FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES
(CORPORATION
YARD UNIT). Mrs. Cannon seconded. Unanimously carried.
ARBOR DAY It was consensus of Council that March 7, 1981 be
proclaimed
PROCLAMATION as California Arbor Day and Mayor will sign said
proclamation.
STATE HISTORICAL It was consensus of Council to request a written report
from
BUILDING CODE Building Official, Archie Watson, which would answer
questions
as presented by Nicole Clapp, Chairman of Los Gatos
Heritage
Preservation Society, and a copy of said report be sent
to
Mrs. Clapp.
COUNTY SANITATION Mr. Steve Goodman, District Manager of Sanitation
District
DISTRICT #4 #4, reported to Council on treatment and disposal of
waste
water collected by County Sanitation District #4 through
the
San Jose/Santa Clara Water Pollution Control Plant.
Council
accepted report.
DOWNTOWN SPECIFIC Mrs. Cannon moved Council approve proposed map showing
suggested
PLAN - PROPOSED boundaries of downtown area to be used in the Specific
Plan
AREA Study. Mr. Ventura seconded. Unanimously carried.
COSENTINO - Council reviewed report from Director of Public Works
which
DRAINAGE PROBLEM recommends that necessary drainage be installed to carry
storm
waters from causing damage to abutting properties.
Speaking
on the subject was Mr. Krysik, 159 Westhill Drive, who
presented
photographs and stated in the last storm.. water did run
over
his property from the Cosentino property. Mr. Cosentino
also
presented photos and stated there is no drainage from his
property that goes on to any neighbors property. After
discussion, Mr. Ventura moved to accept staff
recommendation
and require Mr. Cosentino to install a 2 in. x 12 in.
redwood
header board and ditch along the northerly boundary of
the
property by March 16, 1981, and if not done by said date,
direct Town Attorney to initiate legal. action. Mrs.
Cannon
seconded. Unanimously carried.
MEDFLY PROGRAM Mr. Robert Bryant, Superintendent of Parks and Forestry
spoke
on the project and asked that program be continued
through
February 1981. Mr. Al Blake spoke on the importance of
the
program and thanked Council for their participation.
Lila
June McGrath, representing a group of doctors, spoke
against
aerial spraying because of health hazards. Mayor stated
the
Town Attorney has been instructed to prepare an ordinance
against spraying. Mr. Ventura moved Council should go on
- 5 -
454 February 17,
1981
Los Gatos,
California
MEDFLY PROGRAM record against aerial spraying. Mr. Siemens
seconded.
(CONTINUED) Unanimously carried. Town Attorney to have report re
spraying
at the next meeting. Mr. Siemens moved Council
authorize the
Manager to appropriate necessary funds for the first,
class
mailing to residents in Town re necessity of stripping
fruit
and penalties if not done. Mr. Ventura seconded.
Unanimously
carried. Mr. Ventura moved for adoption of Urgency
Ordinance
No. 1490, AN URGENCY ORDINANCE OF THE TOWN OF LOS GATOS
DECLARING CERTAIN TYPES OF FRUIT TO BE A PUBLIC
NUISANCE.
IMPOSING PENALTIES FOR FAILURE TO STRIP SUCH FRUIT UPON
WRITTEN
REQUEST, AND REQUIRING DESTRUCTION OF SUCH FRUIT BY THE
METHODS
SET FORTH IN THE TOWN CODE FOR ABATEMENT OF WEEDS, as
amended.
Mr. Siemens seconded. Unanimously carried.
INTENSITY
INVENTORY - LOS
GATOS PARK SITES Continued to February 23, 1981.
TAX OVERRIDE
MEASURE Continued to February 23, 1981.
MID-Y@ FINANCIAL
REPORT Continued to February 23, 1981.
VACANCIES OF Town Manager reported on the upcoming vacancies of
different
BOARDS AND Town Boards and Commissions. Mr. Siemens moved Council
accept
COMMISSIONS Managers report and instruct the Town Clerk to publish
notice
of vacancies and set interview dates. Mr. Ventura
seconded.
Unanimously carried. Council also requested staff
report on
Council policy re reappointments to Commissions.
NOVITIATE PARK Park Commission requested, if possible, Council members
revisit
SITE- the Novitiate Park site located at the end of Jones Road
prior to
the combined study session that is scheduled for
February 23,
1981. No action taken.
PARKING ADVISORY Mr. Ventura moved Council disband the Parking Advisory
Commission
COMMISSION and thank them for their work on this Commission. Also,
direct
Resolution of Commendations be prepared for each member.
Mr.
Siemens seconded. Unanimously carried.
ORT Mayor referred to letter from CRT (Organization for
Rehabilitation
PROCLAMATION through Training. Mr. Ventura moved proclamation be
prepared
proclaiming March 4, 1981 as "ORT DAY IN LOS GATOS".
Mr.
Siemens seconded. Unanimously carried.
OTHER BUSINESS Mr. Ventura questioned counties approval of building
permits
for homes along the outer extremities of Blackberry Hill
Road,
this is undermining the Town/County Hillside Plan and is
violating the policies of the Hillside Plan. Staff to
report
back to Council at their next meeting.
Mr. Siemens spoke on Board of Control Analysis of
Guadalupe
Corridor and asked for Council support of staff
recommendation.
Mayor stated IGC has already made a recommendation.
Mrs. Rasmussen stated she would like to submit Gladys
Harrison's
name for appointment to the Metropolitan Transportation
Commission.
ADJOURNMENT Mrs. Canon moved meeting be adjourned at 1:10 a.m.,
Wednesday,
February 18, 1981, to 7:00 p.m., Monday, February 23,
1981.
Mr. Siemens seconded. Unanimously carried.
ATTEST:
Rose E. Aldag
Town Clerk
6
February 23, 1981
455
Los Gatos,
California
TOWN COUNCIL The Town Council of the Town of Los Gatos met in the
Council
Chambers of the Town Hall at 8:35 p.m., in continued
regular
session.
PRESENT: Ruth Cannon, Marlyn J. Rasmussen, Peter W.
Siemens,
Brent N. Ventura and Thomas J. Ferrito.
80-81 MID-YEAR Town Manager, David Mora, presented Council with a @!Lid-
Year
BUDGET REPORT budget report for the fiscal year 1980-81, stating this
report
provides an analysis of the Tow-nls current financial
condition.
He spoke on the need for revision of the Town revenue
estimates;
supplemental appropriations for general fund activities;
the
adoption of a new resolution establishing a Proposition 4
appropriations limit; and the adoption by Town Council of
specific policies dealing with Town finances. Discussion
was
held on the status of 1980-81 budget. After further
discussion,
Mrs. Cannon moved Council accept Town Manager's
recommendations
and revise Town revenue estimates as detailed in said
report.
Mr. Siemens seconded. Unanimously carried.
Mrs. Cannon moved Council approve supplemental
appropriations
from current year anticipated General Fund revenues to
the
following budget:
Town Council $ 552.00
Town Manager 23,202.00
Town Attorney 23,165.0O
General Services 9,388.00
Planning Department 12,500.00
Police Department 22,550.00
Appropriated Contingency 122,399.00
Total $213,756.00
Mrs. Rasmussen seconded. Unanimously carried.
Mr. Ventura moved for adoption of Resolution No. 1981-37
entitled, A RESOLUTION SETTING AN APPROPRIATIONS LIMIT FOR
REVENUE GENERATED FROM "PROCEEDS OF TAXES" PURSUANT TO
ARTICLE
XIII B OF THE STATE CONSTITUTION, (establishing a General
Fund
appropriations limit for the current fiscal year). Mrs.
Cannon seconded. Unanimously carried.
FINANCIAL Mrs. Cannon moved for adoption of the following amended
POLICIES FOR THE financial policies for the Town of Los Gatos:
TOWN a. Town’s current year operating budgets shall only be
funded by current year revenue;
b. The Town shall maintain a Reserve for Future
Expenditures
no less than twenty-five (25%) percent of the then current
year operating budget;
C. The Town shall establish reserves for known future
liabilities at no less than fifty (50%) percent of the
anticipated liability;
d. The Town shall accept special grant funds only for
one-
time capital improvements or one-year special programs;
e. The Town shall maximize interest earning from
reserves
(as has been done by the Town Treasurer).
Mr. Ventura seconded. Unanimously carried.
REQUEST FOR Mayor Ferrito referred to letter from Los Gatos Union
School
FINANCIAL District requesting financial assistance for the new
gymnasium
ASSISTANCE under construction at Fisher School. Mr. Wesley Walton,
FISHER SCHOOL Superintendent of School District spoke on the
construction
giving the amounts of monies that have been donated and
gave
a break down of funds needed for construction of a roof
over
span area between existing shower and locker building and
the
new gymnasium ($57,000); retractable bleachers ($60,000);
and accoustical wall panels ($10,000), totaling $127,300.
Discussion was held as to the use of these facilities when
completed. Committee members Sheryl Mondt and Harvey
Diesner
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Los Gatos,
California
REQUEST FOR spoke on the use of building upon completion, stating it
FINANCIAL would be used by the community and not as a sport facility
ASSISTANCE - only. After further discussion, fair. Ventura moved
FISHER SCHOOL Council approve the appropriation of $57,000, from current
(CONTINUED) year contingency for the construction of the roof structure
at Fisher Elementary School. Authorize staff to negotiate
and execute an agreement with the Los Gatos Union School
District, indicating the amount of money agreed upon, the
source of funds and what the money will be used for. Mrs.
Cannon seconded. Unanimously carried.
ADJOURNMENT Mayor declared the meeting adjourned at 10:35 p.m.
ATTEST:
Rose Aldag
Town Clerk
2
March 2, 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 7:32 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.
MINUTES Mrs. Rasmussen requested the following amendment to the
February
17, 1981 minutes:
ARBOR DAY PROCLAMATION - to reflect that she requested
staff to report on the consideration of a change in the
Town Logo and this be agendized at a later date.
Mr. Ventura requested the following amendment to the
February
17, 1981 minutes:
BROADWAY EXTENSION ASSESSMENT DISTRICT - to reflect
that it was consensus of Council to oppose any delay
on reconsideration of changing the assessment spread
as this would lead to increased costs to the people
involved.
Mrs. Rasmussen moved minutes of February 17th and 23rd,
1981,
be approved as amended. Mrs. Cannon seconded. Unanimously
carried.
CO"AU,-4TCATIGi4S 1. Letter from Lu Ryden, Councilwoman of the City of San
Jose,
urging Council Is support of A-BI89, which provides for
a
surcnarge on criminal fines in Santa Clara County @c)
assist
in funding the construction of courts and Jails. i@Ars.
Rasmussen moved for adoption of Resolution No. 1981-38
entitled, RESOLUTION SUPPORTING AB 139. Mr. Siemens
seconded.
Unanimously carried. Copy of this resolution to be
mailed
to Lu Ryden, Dominic Cortese and to the State
Legislators.
2. Letter from Babet Financial Corporation, requesting
street
name change for units located in White Oaks Village
Located
on South Bascom Avenue, just south of the intersection
at
White Oaks Road. Mrs. Rasmussen moved to accept staff
recommendation and staff to forward this to Campbell as
it
is in Campbell’s Urban Service area. Mr. Ventura
seconded.
Unanimously carried.
3. Claim for damages filed on behalf of Rey Wheeler, 15720
Winchester Boulevard. Ventura moved claim be
denied.
Mrs. Rasmussen seconded. Unanimously carried.
4. Letter from Los Gatos Chamber of Commerce, informing
Council
of their Annual Spring Sidewalk Sales Days to be held on
March 13th and 14th, 1981. They are requesting
Council's
permission to use the sidewalks plus the Town Plaza for
those days. Mr. Ventura moved request be granted. Mrs.
Cannon seconded. Unanimously carried.
5. Letter from Shell Oil Company, regarding the sign
ordinance
restriction and requested an amendment to the sign
ordinance.
Mobil Oil has previously made such a request and it is
consensus of Council this be continued to March 16,
1981.
Planning to report back Lo Council an both requests.
6. Letter from Board of Directors of the Los Gatos Muse=
requesting the Town of Los Gatos to make an addition to
their
building located at the corner of Main and Tait.
Referred
to staff to be included in the budget proposals.
7. Letter from O.L. Johns, regarding his uncompleted
building
at 151 N. Santa Cruz Avenue. Referred to staff for
response.
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March 2, 1981
Los Gatos,
California
COMMUNICATIONS 8. Letter from Larry Arzie of the Los Gatos Porch regarding
(CONTINUED) the property located between Santa Cruz Avenue and the
S.P. Rig@t-cf-way, which formerly housed Meadow Gold
Creamery.
He requests the Town Look into condemnation proceedings
on
this parcel for use as a public street, then both sides
of
the street could be used for public parking. Referred
to
staff for report as to the feasibility of request.
9. Notice from Pacific Gas and Electric of application
filed
with the Public Utilities Commission for authorization
Lo
increase gas rates. Note and file.
10. Citizens For A Better Environment Newsgram, regarding
the
eradication of tile Fruit Fly.
BID AWARD Mrs. Cannon moved to accept staff' recommendation and award
the
CAMINO DEL SOL contract to R.H. Wehner Construction Company in the a-mount
of
STREET CLOSURE $18,508.00, and authorize Mayor and Clerk to sign standard
PROJECT 248-SS contract on behalf of the Town. Also, allocated $21,500.00,
of
already appropriated 2107 Gas Tax funds to cover
construction
costs and approximately 10% contingencies for the project.
Mr.
Ventura seconded. Unanimously carried.
VERBAL Lois Davis, 17137 Wedgewood Avenue, spoke of traffic
problems
COMMUNICATIONS at Winchester and Lark Avenue intersection. She asked
Council
if it would be possible to put in a left lane turn to
eliminate
the traffic problem. Mr. Mora, Town Manager, stated this
project
is included in the 6 year Capital Imporvement Plan and will
be
before the Council for review within the next few weeks. Mr.
Davis then spoke to Council on various problems caused by
the
Knights of Columbus renting their building, 17115 Wedgewood
Ave.,
to various people a-Lid organizations. After some
discussion
this was referred to staff for study and report back to
at their next meeting.
Ron Iudice, from audience, also spoke on problems arising
use of a condemned house by persons in the Wedgewood area.
Staff to look into this problem.
Mr. Egon Jensen, 182 Lester Lane, member of the Los Gatos
Tax-
payers Association, referred to street construction being
done
in the Town and asked who is responsible for these jobs
being
done correctly. Mr. Van Houten, Town Engineer, stated the
contractors are responsible for the repairs and the rough
jobs
are just temporary for it takes time to do the repairs
properly.
Mr. Jensen spoke on the MedFly notice that was mailed to all
residents in 'he Town and asked if senior citizens could get
assistance in picking the fruit if they are unable to do so.
He was informed all people had to do was call the numbcr
listed.
Gary Egan, 17501 Wedgewood Avenue, spoke to Council on
problems of
a storm drain ditch in the area that had overflowed during
the
rains. Referred to staff for report.
Bob Hamilton, 336 Bella Vista Avenue, questioned if the
Attorney
would be writing a synopsis of Villa Vasona Ordinance or
printing
the completed ordinance on the ballot of,May 2, 1981,
election.
Later agenda item.
STOP SIGNS Mayor Ferrito stated this was the time and place set for
public
WEDGEWOOD hearing re petition for stop signs being installed on
Wedgewood
AVENUE Avenue. The report from staff stated request for signs are
not
warranted and use of stop signs in an attempt to regulate
speed
of vehicles is inappropriate. Speaking in favor of the
requested
stop signs were Ron Iudice, Gary Egan and Richard Diel. Mr.
Diel stated since being annexed to the Town they have less
Police
enforcement and feels the Town is not keeping their part of
the
bargin in giving the territory better service for coming
into
the Town. After further discussion, Mrs. Rasmussen moved
hearing
be closed. Mrs. Cannon seconded. Unanimously carried.
Mrs.
Cannon moved request be denied and instruct the Police to
give
this area special enforcement. Mrs. Rasmussen seconded.
Motion
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March 2, 1981
Los Gatos,
California
STOP SIGNS failed as Mr. Siemens, Mr. Ventura and Mayor Ferrito voted
no.
WEDGEWOOD Mr. Ventura moved stop signs be placed on Wedgewood Avenue
at
AVENUE Wimbledon Drive, La Rinconada Drive and Lora Drive on a six
(CONTINUED) month trial basis. Staff to report back to Council at that
time. Mr. Siemens seconded. Unanimously carried. Mrs.
Rasmussen asked for amendment to motion to include
direction
to staff to have special Police enforcement on speeders.
After
some discussion, the motion was withdrawn. Staff to
prepare
necessary resolutions (establishing the stop signs) for
next
meeting.
RECESS Mayor declared a recess. Meeting reconvened at 9:15 p.m.
CREATION OF Mayor Ferrito stated this was the time and place duly noted
for
RDT ZONE consideration on the establishing of a RDT Zone. Hearing
was
closed at the meeting of February 17, 1981. Mr. Bowman,
Planning Director, referred to previous report on the RDT
Zone.
After further discussion, Mr. Ventura moved reading be
waived
for AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE
ZONING
ORDINANCE ADDING DOWNTOWN RESIDENTIAL (RDT) ZONE. Mr.
Siemens
seconded. Unanimously carried. Clerk read title. Mr.
Ventura
moved to amend the title of the Zone to R-ID. Mr. Siemens
seconded. Carried by a vote of three ayes. Mrs. Cannon
and
Mrs. Rasmussen voting no. Mr. Ventura moved-Ordinance be
introduced (with new zone designation of R-11)). Mr.
Siemens
seconded. Carried by a vote of three ayes. Mrs. Cannon
and
Mrs. Rasmussen voting no.
COUNTY Mrs. Cannon moved Council accept staff recommendations on
the
REFERRALS following:
1344-27-43-81LA Brush Road Faust Lot Line
Adjustment,
No comment.
l2S77.9 Old Santa Cruz Hwy Gies Time
Extension for
3-lot subdivision No comment.
75i12-914 Lindberg Ave. Bliss Bldg site
approval -
modification to condition #1 No comment.
12C75.1 Old Santa Cruz Hwy Gillette Cluster
permit
ASA comm. 2/26/81.
903-30-52-80LA Englewood Avenue Beadle
Appeal of
lot lien adjustment Appealed to Bd. of Suprs. to be
heard
2/23/8i.
Mr. Siemens seconded. Unanimously carried.
MONTHLY Mrs. Cannon moved Council accept staff recommendation and
waive
PLANNING reading for ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE
REPORT TOWN CODE. Mr. Siemens seconded. Unanimously carried. Mrs.
Cannon moved for introduction of this ordinance. Mr.
Siemens
seconded. Unanimously carried.
STREET Mrs. Cannon moved Council accept-staff recommendation and
NAMING continue the policy of not naming private driveways or
assigning,
addresses to them. Mr. Siemens seconded. Unanimously
carried.
SUBDIVISION Mrs. Cannon moved Council accept staff recommendation
and-,vai-,-e
ORDINANCE reading for ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE
AMENDMENT TOWN CODE. Mr. Siemens seconded. Unanimously carried. Mrs.
CONDOMINIUMS Cannon moved for introduction of this ordinance. Mr.
Siemens
seconded. Unanimously carried.
CIVIC CENTER Mrs. Cannon moved for adoption of Resolution No. 1981-39
entitled,
CARPETING RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
APPROVING
PLANS AND SPECIFICATIONS FOR THE CIVIC CENTER CARPETING -
PROJECT 251-CT, (setting 3:00 p.m., Thursday, March 26,
1981,
as date for bid opening). Mr. Siemens seconded.
Unanimously
carried.
3
460
March 2, 1981
Los Gatos,
California
PARKING Mrs. Cannon moved for adoption of Resolution No. 1931-40
entitled,
PROHIBITITION PARKING RESTRICTION - PLEASANT STREET. Mr. Siemens
seconded.
PLEASANT STREET Unanimously carried.
REVOCABLE Mrs. Cannon moved to accept staff recommendation and
Council
PERMIT - approve, in concept, a revocable De=it to use a portion of
the
MIREVAL ROAD Mireval Road right-of-way for operation of the well. Direct
staff to issue a revocable permit (permit to be amended to
state
the purpose of the well is for fire protection use only).
Mr.
Siemens seconded. Unanimously carried.
COMMENDATION Mrs. Cannon moved for adoption of the following:
FOR PARKING Resolution No. 1981-41 entitled, RESOLUTION COMMENDING
ADVISORY DALE A. CHAMBERS.
COMMISSION Resolution No. 1981-42 entitled, RESOLUTION COMMENDING
CAROL JOHNSON.
Resolution No. 1981-43 entitled, RESOLUTION COMMENDING
ANDRE F. LIBANTE.
Resolution No. 1981-44 entitled, RESOLUTION COMMENDING
ART SNYDER.
Resolution No. 1981-45 entitled, RESOLUTION COMMENDING
ELIZABETH P. ZIENTEK.
Resolution No. 1981-46 entitled, RESOLUTION COMMENDING
MICHAEL D. MC FERRAN.
Resolution No. 1981-47 entitled, RESOLUTION COMMENDING
CAROL A. PAINTER.
Mr. Siemens seconded. Unanimously carried.
FEBRUARY Mrs. Cannon moved Council approve the February payroll in
the
PAYROLL AND amount of $255,304.91 and the February warrant demands in
the
WARRANT DEMANDS amount of $291,829.30. Mr. Siemens seconded. Unanimously
carried.
STATE HISTORICAL It was consensus of Council to accept staff report.
BUILDING CODE
SANTA CLARA Town Manager stated this proposed benefit assessment for
flood
VALLEY WATER management will be something that will be coming in the
future
PROPOSED but wished Council to be aware of it now. This is a
proposed
ASSESSMENT assessment that would be collected with regular property
taxes.
This presentation will be made at a later date by the Water
District. No action taken.
Mrs. Rasmussen stated she will be attending a meeting of
the
Water Commission next week and needs Council's direction
regarding Water Commission's request for increase of basic
rates
effective July 1, 1981. It was consensus of Council to not
voice a vote until they received further information.
HILLSIDE Discussion was held on staff recommendation on Hillside
DEVELOPMENT Development as follows:
(a) Require participation in road improvements by
owNer's
of vacant properties as a condition of approval for -cs use
permits and/or site approvals.
(b) Call all the deferred agreements for street
improvement
in the Blackberry Hill-Cowell Road area.
(c) Expand the area covered by the Joint Hillside Plan
to
the area at the entrance end of Blackberry Hill Road.
(d) Add the -h zoning overlay architecture and site
approval
for those vacant properties located along the ridgelines.
Mr. Ventura suggested the adding of (e) Consider merger
provision
on lots that were never legally subdivided.
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461
March 2, 1981
Los Gatos,
California
HILLSIDE Mr. Siemens suggested an addition to (b) as follows: "..
and
DEVELOPMENT provide the Town a schedule for calling these deferred
agreements
(CONTINUED) and, add (f) consider increasing development fees to cover
the
cost for implementing all items (a) through (e)."
Mr. Siemens moved Council approve the staff recommendations
plus the amendments as suggested by Council. Mr. Ventura
seconded and stated he would like the motion to be amended
to also state, "authorize staff to move the boundary line
so
that any ridge visible from the Town is included and access
that feeds into the Town." Mr. Siemens accepted the
amendment.
Unanimously carried.
HOUSING Mr. Siemens moved Council accept staff recommendation and
amend
CONSERVATION the Housing Conservation Program guidelines by authorizing
the
PROGRAM addition of owner-occupied duplexes to the program and
approve
the temporary suspension of the maxim= loan limit. Approve
the
HCP Loan Committee's request for an exception to the Mobile
Home Grant Program. Mrs. Rasmussen seconded. Unanimously
carried.
TRANSIT ASSIST Reviewed report - no action taken.
DIALYSIS
PATIENTS
PHILLIPS ROAD Mr. Siemens moved for approval of the Notice of Completion
and
PROJECT 245-DS Certificate of Acceptance for Pro4ect 245-SD and Mayor be
authorized to execute said certificate. Mrs. Rasmussen
seconded.
Unanimously carried.
MEDFLY The Town Manager referred to the report on the MedFly
Program
PROGRAM stating that on or before April 15th, 1981, the State of
California will determine if aerial spraying is necessary.
APPOINTMENTS Mayor Ferrito stated there were three vacancies to this
Commission
COMMUNITY and there had been four applicants. Nominations were held
and
SERVICES AND M. Catherine Little, Eugene Westphalen and Robert S. Cowan
were
DEVELOPMENT reappointed for another three year term.
COMMISSION
CSDC Mrs. Rasmussen moved Council accept staff recommendation
regarding
RECOMMENDATION the reopening of the Town Library on Thursdays and this be
LIBRARY HOURS referred to the Town Manager for consideration in the 81/82
budget. Mrs. Cannon seconded. Unanimously carried.
MEDIATION The Town Attorney presented Council with copy of proposed
ORDINANCE amendments to the Mediation Ordinance. Mr. Grimes, from
AMENDMENT audience, spoke against the changes, stating he had not had
time to review the proposed changes. Discussion was held
on
changes and if the sub-committee had met and agreed on the
changes. Mrs. Rasmussen stated the changes had been agreed
upon. After further discussion, Mrs. Rasmussen moved
reading
be waived for 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.
Clerk read title. Mrs. Cannon moved Ordinance be
introduced as
amended. Mrs. Rasmussen seconded. Unanimously carried.
Mr.
Ventura abstained from discussion. Motion carried by a
vote of
three ayes. Mr. Ventura abstained and Mr. Ferrito voted
no.
EXECUTIVE Council adjourned to executive session at 11:04 P.M.
Regular
SESSION meeting reconvened at 11:50 p.m.
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March 2, 1981
Los Gatos,
California
ATTORNEY'S Mrs. Rasmussen moved Council approve a supplemental
appropriation
BUDGET of $350.00, to the Town Attorney's budget from appropriated
contingency to aid in litigation fees on the MedFly
Program.
Mr. Siemens seconded. Unanimously carried.
VILLA VASONA Mayor referred to report from Mr. Hays, Town Attorney, in
REFERENDUM regards to preparation of a synopsis to be printed on the
BALLOT ballots in lieu of the printed ordinance. Council
authorized
the Attorney to prepare a synopsis for their review at the
next Council meeting.
BICYCLE Mr. Siemens requested staff to pursue modifications of TDA
LOCKERS AND Grant to acquire bicycle lockers along with bicycle racks
RACKS for the downtown area.
ADJOURNMENT Mrs. Cannon moved meeting be adjourned at 11:57 p.m. Mr.
Ventura seconded. Unanimously carried.
ATTEST:
Rose E. Aldag
Town Clerk
463
March 16, 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 7:48 P.M., in regular
session.
ROLL CALL PRESENT: Mrs. Ruth Cannon, Mrs. MarLyn J. Rasmussen, Mr.
Peter W. Siemens, Mr. Brent M. Ventura and
Mayor
Thomas J. Ferrito.
A13SENT: None.
PLEDGE OF
ALLEGIANCE Given by all in attendance.
PRESENTATION Mike Worley, representative of the Los Gatos Christian
Church
Jr. High Basketball Team, introduced the team members and
presented the Town Council with the first place trophy
which
they received after participating in the Santa Clara
County
Basketball Tournament. Mayor Ferrito accepted the trophy
on
behalf of the Town. Mrs. Cannon moved for adoption of
Resolution No. 1981-48 entitled, A RESOLUTION COMMENDING
THE
LOS GATOS CHRISTIAN CHURCH JR. HIGH BASKETBALL TEAM.
Mr.
Ventura seconded. Unanimously carried.
MINUTES Mr. Siemens moved minutes of March 2, 1981, meeting be
approved
as submitted. Mrs. Cannon seconded. Unanimously
carried.
WRITTEN 1. Letter from Emanuel P. Peters, 104 Hilow Court,
requesting
COMMUNICATIONS continuance of agenda item V-G, (hearing on rezoning
of
school property on Shannon Road). Mayor Ferrito
stated lie
had also received from the school a request for
continuance.
Mrs. Rasmussen moved request be granted and this
hearing
be continued to April 6, 1981. Mrs. Cannon seconded.
Unanimously carried.
2. Letter from Michael Silva, requesting continuance of
agenda
item V-F, (hearing on appeal of approval of a
conditional
use permit to operate a delicatessen in the Lyndon
Plaza
complex at 20 S. Santa Cruz Avenue). Applicant for
the
delicatessen stated he would like this matter heard
tonight.
After further discussion, Mrs. Cannon moved request
for
continuance be granted and matter to be heard on
April 6,
1981. Mr. Siemens seconded. Unanimously carried.
3. Letter from Ming Quong Children's Center re
Strawberry
Festival, requesting Council to (a) consider
rescinding
parking limitations on Main Street between Pagent Way
and
Fiesta Street on Saturday, June 6, 1981; (b) proclaim
the week of June lst through June 7th, 1981, as MING
QUONG STRAWVERRY FESTIVAL WEEK; (c) request
permission
to display banners on electroliers on N. Santa Cruz
Avenue
and Main Street during "Strawberry Week". Also ask
the
Public Works Department to help in the mounting and
taking down of the banners. After some
discussion,"Ar.
Siemens moved to grant the requests. Mr. Ventura
seconded.
Carried by a vote of four ayes, Mrs. Rasmussen
abstained.
Council requested staff to report on costs entailed
in
the hanging of the banners for different events.
4. Letter from the Art Docents of Los Gatos, requesting
Council to waive the fee of $25.00 per hour for the
use
of the Neighborhood Center on April 24th, 1981, for a
f'und
raising event. Mrs. Rasmussen moved request be
granted
and the fee be waived. @Ar. Siemens seconded.
Carried by
a vote of four ayes. Mr. Ferrito abstained.
5. Letter from Los Gatos-Saratoga Board of Realtors,
requesting
Council to postpone any General Plan amendments for
the
Downtown area until such time as the consultants
studies
have been completed. Later agenda item.
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March 16, 1981
Los Gatos,
California
WRTTTE14 6. Letter from Vic Collard, Assistant Scout Master,
Troop
COMMUNICATIONS 539, requesting Council to adopt a resolution
commending
(CONTINUED) David Eldon Beverly, of Troop 539 for his work on
the
erection of the newspaper rack holders in the
Town Plaza.
Mrs. Cannon moved for adoption of Resolution No.
1981-49
entitled, A RESOLUTION COMMENDING DAVID ELDON
BEVERLY.
Mr. Siemens seconded. Unanimously carried.
7. Letter from the Law Offices of 0. Leland Osborne,
on
behalf of Elmon Brady, Barto Prive and William
Esposto,
dba, Just Games, petitioning the Town Council for
a
rehearing and reconsideration of its decision to
reverse
the Town Planning Commission's grant of
Conditional Use
Permit at the meeting of February 17, 1981. After
some
discussion, Ventura moved request be denied.
Mr.
Siemens seconded. Unanimously carried.
8. Letter from Frederick E. Westphal, 126 College
Avenue,
re the proposed development plan for the Novitiate
Park
Site at the end of Jones Road and asking that the
land
remain in its natural state. Matter referred to
Park
Commission.
9. Expenditure and revenue reports for the month of
February,
1981, from the Office of Town Clerk.
10. Treasurer's report for the month of February,
1981.
CULTURAL RESOURCES Mr. Siemens referred to a letter from the Cultural
Resources
COMMISSION - Commission, stating Mr. Belleza's decision not to serve
on
OPENING the commission any longer. There are now two vacancies
on
this commission and the Town Clerk has advertised March
31,
1981, at 5:00 p.m., as the closing date for accepting
applications.
VERBAL Attorney Randal Reedy, 101 Church Street, spoke on
behalf of
COMMUNICATIONS his client, Mr. Camp, asking that the public hearing on
appeal
of Planning Commission's denial of a Subdivision and
Conditional Use Permit for determination of precise
density
and construction of a four-@it condominium at 14991
Winchester
Boulevard, be continued to a later date. After some
discussion, Mr. Siemens moved request be granted and
the hearing
be continued to April 20, 1981. Mr. Ventura seconded.
Unanimously carried.
Mr. Egon Jensen, 182 Lester Lane, spoke on article in
news-
paper in regards to a possibility of jail facilities
being
put on property on W. Parr Avenue and he suggested that
Council
take a stand. Mrs. Rasmussen moved for adoption of
Resolution
No. 1981-50 entitled, A RESOLUTION OPPOSING COUNTY JAIL
FACILITIES BE PUT ON PROPERTY ON Vi. PARR A-VENUE.
Mr. Ventura
seconded. Unanimously carried.
Jim Lewis, 24095 Summit Drive, commended Council on the
construction of handicapped accessibility to the Town
Hall
and also reported on ad-hoc committee re HCD funds.
ENGLEWOOD AVENUE Mayor Ferrito stated this was the time and place duly
published
NO. 1 ANNEXATION for public hearing on the proposed annexation. Rae
Schmuck,
16443 Englewood Avenue, stated she was one of the
petitioners
of this annexation and is looking forward to being a
registered
voter within the Town limits. There being no one else
wishing to speak on this matter, Mr. Siemens moved
hearing
be closed. Mrs. Cannon seconded. Unanimously carried.
Siemens moved for adoption of Resolution No. 1981-51
entitled,
A RESOLUTION APPROVING THE ANNEXATION OF CERTAIN
UNINHABITED
TERRITORY DESIGNATED AS ENGLEWOOD AVENUE NO. I TO THE
TOWN OF
LOS GATOS. Mrs. Cannon seconded. Unanimously carried.
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March 16, 1981
Los Gatos,
California
WEED ABATEMENT Mayor Ferrito stated this was the time and place duly
published
1981 for public hearing for objections on the abatement of
weeds.
There being no one in the audience wishing to speak on
this
matter, Mrs. Cannon moved hearing be closed. Mr. Siemens
seconded. Unanimously carried. Mrs. Cannon moved for
adoption
of Resolution No. 1981-52 entitled, A RESOLUTION
OVERRULING
OBJECTIONS AND ORDERING ABATEMENT OF WEEDS AS A PUBLIC
NUISANCE.
Mrs. Rasmussen seconded. Unanimously carried.
KNOWLES DRIVE Mayor Ferrito stated this was the time and place duly
published
ASSESSMENT for public hearirg on Knowles Drive Assessment District
LID
DISTRICT 79-1 79-1. The Town Manager spoke on the revised assessment
spread
and referred to petition received from Becton-Dickenson
to
join the assessment district and staff recommends that
Becton-
Dickenson be included in the district. After further
discussion,
Mrs. Cannon moved to accept the petition from Becton-
Dickenson
and adopt Resolution No. 1981-53 entitled, A RESOLUTION
APPROVING PETITION AND MAP OF PROPOSED BOUNDARIES, AS
AMENDED
OF ASSESSMENT DISTRICT. Mr. Siemens seconded.
Unanimously
carried. Mr. Sam Zullo, Engineer for the bonding firm,
spoke
on the revised Engineer's report explaining different
reductions and explained the costs on the overall
project.
Speaking in opposition and asking to be deleted from the
assessment district were Mr. Ralph Doetsch, Ralph Ross -
President of Los Gatos Community Hospital, Nate
Dardanelli,
Mr. Wilson, and Kerry Lashley. Barry Simkins also spoke
against the project. Mrs. J. McMonagle asked for some
clarification as to the assessment against her property
and
stated she supported the assessment district. After
further
discussion, Mr. Ventura moved hearing be closed. Mrs.
Cannon
seconded. Unanimously carried. Mr. Zullo reported that
he
tabulated percentage of protesters and the percentage was
31.6% and it would require 50% protesting before it would
stop the assessment. Mrs. Rasmussen moved for adoption
of
Resolution No. 1981-54 entitled, RESOLUTION CONFIRMING
ASSESSMENT AND ORDERING PROPOSED IMPROVEMENT TO BE MADE;
PROVIDING FOR NOTICE OF RECORDING OF ASSESSMENT; AND
DESIGNATING THE TOWN CLERK TO COLLECT AND RECEIVE MONEY.
Mrs.
Cannon seconded. Unanimously carried.
APPEAL OF Continued to April 6, 1981, as requested by letter
DELICATESSEN -
20 S. SANTA CRUZ
AVENUE
ZONE CHANGE Continued to April 6, 1981, as requested by letter.
BLOSSOM HILL ROAD
CHERRY BLOSSOM
LANE
RECESS Mayor Ferrito declared a 10 minute recess. Meeting
reconvened
at 10:15 P.M.
ZONE CHANGE Mayor Ferrito stated this was the time and place duly
published
SHANNON AND for public hearing to consider zone change application Z-
81-2,
KENNEDY ROAD - prezoning to HR-1,HR-221, HR-5, HR-20 or RC for
properties in
TOWN’S URBAN the areas of Shannon Road and Kennedy Road recently added
to
SERVICE AREA the Town's Urban Service area. Mr. Herb Weinman, 14475
Shannon
Road, spoke against the HR-5 zoning for his property and
was
in favor of the HR-22' zone. Mr. Pate, 14890 DiDuca Way,
spoke
in favor of zoning as it would discourage development and
not aggravate the water shortage. There being no one
else
wishing to speak on this issue, Mrs. Cannon moved hearing
be
- 3 -
466 March 16, 1981
Los Gatos, California
ZONE CHANGE closed. Mr. Ventura seconded. Unanimously carried. Mrs.
SHANNON AND Cannon moved reading be waived for AN ORDINANCE OF THE
TOWN
KENNEDY ROAD - OF LOS GATOS AMMENDING THE ZONING ORDINANCE EFFECTING ZONE
TOWN’S URBAN CHANGE NO.____ PREZONING TO HR-5, HR-20 AND RC. Mr.
Siemens
SERVICE AREA seconded. Unanimously carried. Clerk read title. Mrs.
(CONTINUED) Cannon moved Lo make a Negative Declaration as this is
consistent with the General Plan and introduced the
ordinance.
Mr. Ventura seconded. Unanimously carried.
GENERAL PLAN Mayor Ferrito stated this was the time and place duly
published
AMENDMENTS for public hearing to consider General Plan Amendment GP-
80-IA,
regarding change in land use designations for University/
Edelen Avenue area and change in land use designation for
the downtown area, GP-81-1. Speaking in opposition to the
amendments were Philip Vlamis and Linda Mills, who
presented
a petition signed by 32 property owners opposing this
General
Plan amendment and downzoning of Univeristy and Edelen
Avenues.
Bud Dunbar, 105 Robin Way, urged Council to await the
study
by the consultants. S. Collier, spoke in opposition
saying
she feels there is a lack of information to property
owners.
Sue LaForge feels Council is prejudging and should wait
for
consultants report. Dr. Robert Johnson, 485 montercy
Avenue,
questioned any rezoning on Monterey Avenue. Mrs. Zona
Boyer,
requested that zoning on her property be left as is. Mr.
Cowan, 222 Tait, asked Council to make necessary proposed
changes to the General Plan as he feels it would help
consultants. Kathy Morgan spoke in support of the General
Plan amendment. Woody Watley, asked that there be no
decision
until Council has received all reports from the
consultants.
Roger Donelly, 422 San Benito Avenue, presented a petition
requesting the downzoning of 416 San Benito Ave., so this
will be consistent with the rest of the neighborhood.
After
further discussion and there being no one else wishing to
speak on this issue, Mr. Ventura moved hearing be closed.
Mr. Ferrito seconded. Unanimously carried. On consensus
motion, Mr. Ventura moved to adopt GP-81-1, A RESOLUTION
OF
THE TOWN COUNCIL OF THE TOWN OF LOS GATOS CONCERNING
TO THE LAND USE ELEMENT AND LAND USE PLAN OF THE GENERAL
PLAN.
Mr. Siemens seconded. Carried by vote of three ayes.
Mrs.
Cannon and Mrs. Rasmussen voting no. Discussion was held
on
the possibility of the General Plan being amended again
after
the consultants have made their report. Discussion was
also
held on the fact that the two General Plan amendments were
held under one hearing and any changes should be made by
one
resolution. Mr. Ventura moved to combine the General Plan
amendments GP-80-lA and GP-81-1 and adopt Resolution No.
1981-55 entitled, A RESOLUTION OF THE TOWN COUNCIL OF THE
TOWN OF LOS GATOS CONCERNING AMENDMENTS TO THE LAND USE
ELEMENT AND LAND USE PLAN OF THE GENERAL PLAN IN THE
DOWNTOWN
AREA. Mr. Siemens seconded. Carried by a vote of three
ayes. Mrs. Cannon and ,Mrs. Rasmussen voting no.
ADJOURNMENT Mayor Ferrito declared the meeting adjourned at 11:55
p.m.,
to be continued to 7:30 P.m., on Tuesday, March 17, 1981.
ATTEST:
Rose E. Aldag
Town Clerk
4
467
March 17, 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 7:40 p.m., in continued
regular
session.
PRESENT Mrs. Ruth Cannon, Mrs. Marlyn J. Rasmussen, Mr. Peter W.
Siemens, Mr. Brent N. Ventura and Mayor Thomas J. Ferrito.
OPEN SPACE Mr. Hays, Town Attorney, spoke on his report on open space
DEDICATION dedication, stating the Subdivision Ordinance has no
provisions for open space dedication and suggested changes
in the Ordinance by using his quote on page 2 of his
report.
He also recommended changes in the Zoning Ordinance and
Hill-
side Specific Plan. After further discussion, Mr. Ventura
moved the recommendation on the Zoning Ordinance and
Hillside
Specific Plan be referred to Planning Commission for
recommend-
ations and the Attorney be directed to draft amendment to
the
Subdivision Ordinance for the next regular Council
meeting.
Mrs. Rasmussen seconded. Unanimously carried.
ORDINANCE - The Town Attorney reported on amendment to the Mediation
RENTAL MEDIATION Ordinance stating the formula under the amended ordinance
no
longer works and suggested a revision of the formula plus
minor technical changes in wording, re section 24.70.015,
section 3. After further discussion, Mrs. Rasmussen moved
Council approve said amendments. Mr. Siemens seconded.
Carried by a vote of four ayes. Mr. Ventura abstained.
Mayor
Ferrito asked if anyone from the audience wished to speak
on
this issue. Mr. Gordon Martin, spoke on the weakness of
the
ordinance. Randy Grimes, opposed the changes. Rollin
Rose
asked that the Ordinance remain as is, without the
changes.
Dave Morrison, spoke for the amendment. After further
discussion, Mrs. Rasmussen moved the ordinance be adopted
as
amended. Mrs. Cannon seconded. Motion fails. Mr.
Siemens
and Mayor Ferrito voting no. Mr. Ventura abstained. Mr.
Siemens moved the ordinance be re-introduced deleting from
paragraph 2C of Section 24.70.015 the following, ". . . or
upon proof to an arbitrator that the increase is justified
under Section 24.070.20.11 Mrs. Rasmussen seconded.
Carried.
by a vote of three ayes. Mayor Ferrito voting no and Mr.
Ventura abstained.
VILLA VASONA Mr. Hays reported to Council that under the Election Code
REFERENDUM Section 4018, the Clerk is required to print the whole
text
of the Ordinance to be placed on the ballot, unless it is
over 1,000 words, in which case the Council may direct the
Attorney to prepare a synopsis. The Villa Vasona
ordinance
is over 1,000 words, therefore a synopsis has been
prepared
for Council review. Discussion was held as to the
preference
of the registered voters. The Town Manager reported as to
cost of printing the synopsis versus cost of printing the
Ordinance. After further discussion, Mrs. Rasmussen moved
the whole text of the Ordinance be printed. Mrs. Cannon
seconded. Carried by a vote of four ayes. Mr. Ventura
voted
no and asked that the minutes reflect he would have liked
this held over for one week to allow for further study.
DRAFT AGREEMENT The Town Manager reported that neither the developer nor
his
WITH DEVELOPERS legal counsel has been available to review the agreement.
VILLA VASONA This item will be rescheduled for the April 6th, 1981
meeting.
REVOCATION OF Mr. Hays, Town Attorney, reported on some instances in
Town
ZONING APPROVALS where parties have obtained zoning approvals and failed to
complete construction for substantial periods of time. He
suggested amending the Zoning Ordinance to give the Town
more
power to stop such abuses. Mr. Warren Bisbee, 18400
Overlook
Rd., asked Council to look into this very carefully.
After
further discussion, Mr. Ventura moved the suggested zoning
- 1 -
468
March 17, 1981
Los Gatos,
California
REVOCATION OF amendments be referred to the Planning Commission and
have
ZONING APPROVALS a report back to Council on June 15th, 1981. Mr.
Siemens
(CONTINUED) seconded. Unanimously carried. Mr. Ventura moved to
direct
the Attorney to draft an amendment to the building code
and
present it at the June 15th, 198i, meeting. Mr.
Siemens
seconded. Unanimously carried.
YOUTH ADVISORY Rick Bhandari, Chairman of the Youth Advisory
Commission,
COMMISSION referred to an invitation to attend a youth recognition
RECOGNITION luncheon hosted by members of the County Board of
Supervisors
1,UNCHEON at a cost of $10.00 per person. He requested Council's
approval for $50.00, to allow the five student members
of
the Town Youth Advisory Commission to attend. Mr.
Mora,
Town Manager, stated this money would be appropriated
from
the contingency fund. Mrs. Rasmussen moved Council
approve
the request and appropriate the $50.00 from the
contingency
fund. Mr. Siemens seconded. Unanimously carried.
YOUTH ADVISORY The Youth Advisory Commission presented Council with
suggestions
WORK PROGRAM for developing a Commission work program and asked
Council
for some directions. It was consensus of Council in
discussing
the listed suggestions that Council will cooperate with
the
group but, would like -,hem to work on a plan and bring
it
back to Council for review.
SERVICE STATION Rick McKinley, representing Mobil Service Station, on
N. Santa
PRICE SIGNS Cruz Avenue and Blossom Hill Road, spoke on their
request
for sign ordinance amendment to allow stations to have
their
identification signs nearer the street as their
building sits
back and cannot be seen from the street at a distance.
Council referred to the Planning Commission report and
after
some discussion, Mr. Ventura moved request be denied.
Mr.
Siemens seconded. Unanimously carried.
YMCA SIGN Doug Ryder, 223 Howes Drive, spoke on behalf of the
17ACA and
asked for clarification of Sign Ordinance as it relates
to
their nonconforming directional sign. Due to the
location
of the YMCA and unless they are able to install
directional
signs, it is almost impossible to find the YMCA. After
some
discussion, Mr. Ventura moved to refer this to staff
for
report back at the Council meeting of April 6th, 1981.
Mrs.
Rasmussen seconded. Unanimously carried.
AERIAL SPRAYING Mr. Hays, Town Attorney, presented a proposed urgency
ordinance
MALATHION prohibiting aerial spraying of malathion. He stated
this is a
standard ordinance that other cities are adopting.
Mayor
Ferrito read a list of physician's names who have
signed a
petition opposing any spraying stating it is hazardous
to
peoples health. Dom Salitto, Frank Avenue, spoke
against the
aerial spraying. Fran Tokumoto, 131 Wilder Avenue,
presented
a petition signed by 128 concerned citizens in the
Almond
Grove neighborhood, who wish to prevent aerial
spraying. After
further discussion, Mrs. Rasmussen moved reading be
waived
for An Urgency Ordinance regulating the aerial
spraying. Mr.
Siemens seconded. Unanimously carried. Clerk read
title.
Mr. Ventura moved for adoption of Ordinance No. 1491
entitled,
AN URGENCY ORDINANCE OF THE, COUNCIL OF THE TOWN OF LOS
GATOS
PREVENTING AND REGULATING THE AERIAL SPRAYING OF
PESTICIDES
WITHIN THE TOWN LIMITS OF THE TOWN OF LOS GATOS. Mrs.
Cannon
seconded. Unanimously carried.
VERONA COURT - Mr. Ventura moved Council authorize the Attorney to
prepare
DOG PROBLEM an injunction suit against Mrs. Joyce Stalie. Mr.
Siemens
seconded. Unanimously carried.
2
469
March 17, 1981
Los Gatos,
California
FISHER Mr. Wesley Walton, District Superintendent, spoke to
Council
GYMNASIUM REQUEST regarding the Gymnasium construction and thanked Council
for
their $57,000 financial assistance for the canopy roof
structure. Due to inflation cost they are requesting
further
financial assistance for acoustical panels so the
Gymnasium
could be used for other events than just sports. Mr.
Gene
Goldberg, Director of Los Gatos-Saratoga Recreation
Department,
spoke to Council on the many uses for the gymnasium.
Susan
Bruntz also spoke on the need for funds to complete the
project. After further discussion, the Town Manager
stated
this would be included in the Capital Improvement Budget
and
be discussed and considered at budget hearings.
RECESS Mayor Ferrito declared a 10 minute recess. Meeting
reconvened
at 9:30 P.m.
COUNTY REFERRALS Mr. Ventura moved Council accept recommendations on the
following:
514-23-47-79V-81G Thompson Rd. Whitaker
Grading
permit for private riding area for horses No
comment.
12C75.1 Old Santa Cruz Hwy Gillette
Cluster
permit continued to date uncertain by ASA committee on
2/16/81.
993-30-52-SCLA Englewood Ave. Beadle
Appeal of
lot line adjustment appealed to Bd. of Super.
Hearing continued.
Mrs. Cannon seconded. Unanimously carried.
SIDEWALK Mr. Ventura moved for adoption of Resolution No. 1981-56
WHEELCHAIR RAMPS entitled' RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
LOS
PHASE I GATOS APPROVING PLANS AND SPECIFICATIONS FOR SIDEWALK
WHEEL-
244-HCDA CHAIR S, PHASE I, PROJECT 244-HCDA, and authorize the
Clerk to advertise for bids. (Bid opening set for 3:00
p.m.
on Wednesday, April 8, 1981). Mrs. Cannon seconded.
Unanimously
carried.
HANDICAPPED Mr. Ventura moved for adoption of Resolution No. 1981-57
PARKING - 224 entitled, HANDICAPPED PARKING - WILDER AVENUE. This
establishes
WILDER AVENUE handicapped parking in front of 224 Wilder Avenue. Mrs.
Cannon seconded. Unanimously carried.
STOP SIGNS Mr. Ventura moved for adoption of Resolution No. 1981-58
WEDGEWOOD AVENUE entitled, A RESOLUTION DESIGNATING A THREE-WAY VEHICULAR
STOP
AT WIMBLEDON DRIVE AT THE INTERSECTION OF WEDGEWOOD AVENUE AND WIMBLEDON
DRIVE.
Mrs. Cannon seconded. Unanimously carried.
LA RINCONADA Mr. Ventura moved for adoption of Resolution No. 1981-59
DRIVE entitled, A RESOLUTION DESIGNATING A THREE-WAY VEHICULAR
STOP
AT THE INTERSECTION OF WEDGEWOOD AVENUE AND LA RINCONADA
DRIVE.
Mrs. Cannon seconded. Unanimously carried.
LORA DRIVE Mr. Ventura moved for adoption of Resolution No. 1981-60
entitled, A RESOLUTION DESIGNATING A THREE-WAY STOP AT
THE
INTERSECTION OF WEDGEWOOD AVENUE AND LORA DRIVE. Mrs.
Cannon
seconded. Unanimously carried.
CIVIC CENTER Mr. Ventura moved for adoption of Resolution No. 1981-61
UNDERGROUND entitled, RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
LOS
UTILITY DISTRICT GATOS APPROVING PLANS AND SPECIFICATIONS FOR INSTALLATION
236-UU OF ELECTROLIERS IN THE CIVIC CENTER UNDERGROUND UTILITY
DISTRICT
NO. 1979-1, PROJECT NO. 236-UU, and authorize the Clerk
to
advertise for bids. (Bid opening set for 3:00 p.m.,
Wednesday,
April 8, 1981). Mrs. Cannon seconded. Unanimously
carried.
- 3 -
470
March 17, 1981
Los Gatos, California
STATION WAY 20 Mr. Ventura moved for adoption of Resolution No. 1981-62
MINUTE PARKING entitled, PARKING RESTRICTION - PARKING LOT #9, PARKING
DISTRICT NO. 1, (establishing 20 minute parking in 3
existing
parking stalls on the west side of lot 9). Mrs. Cannon
seconded. Unanimously carried.
TRACT 7034 - Mr. Ventura moved for adoption of Resolution No. 1981-63
CORTE DE LOS GATOS entitled, RESOLUTION APPROVING AND ACCEPTING FINAL MAP OF
TRACT NO. 7034 - CORTE DE LOS GATOS. Mrs. Cannon
seconded.
Unanimously carried.
Mr. Ventura moved for adoption of Resolution No. 1981-64
entitled, RESOLUTION AUTHORIZING CONTRACT FOR THE
IMPROVEMENT
OF TRACT NO. 7034 - CORTE DE LOS GATOS and authorize
Mavor
to execute said agreement on behalf of the Town. Mrs.
Cannon
seconded. Unanimously carried.
Mr. Ventura moved for adoption of Resolution No. 1981-65
entitled, RESOLUTION AUTHORIZING SEWER EXTENSION
AGREEMENT -
CORTE DE LOS GATOS, and authorize Mayor to execute said
agreement on behalf of the Town. Mrs. Cannon seconded.
Unanimously carried.
SUBDIVISION Mr. Ventura moved Council adopt Ordinance No. 1492
entitled,
ORDINANCE AMENDMENT ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE TOWN CODE
re
RE CONDOMINIUMS condominium subdivisions. Mrs. Cannon seconded.
Unanimously
carried.
NOTICE OF Mr. Ventura moved Notice of Completion and Certificate of
COMPLETION Acceptance for Tract No. 6609 - Anderegg be approved.
Mrs.
Cannon seconded. Unanimously carried.
PURCHASE OF Mr. Ventura moved for adoption of Resolution No. 1981-66
CENTRAL FIRE entitled, A RESOLUTION APPROVING AN AMENDMENT AGREEMENT
WITH
DISTRICT PROPERTY CENTRAL FIRE PROTECTION DISTRICT OF SANTA CLARA COUNTY,
and
authorize Mayor Lo execute said agreement on behalf of +-
he
Town. Mrs. Cannon seconded. Unanimously carried.
WEDGEWOOD AVENUE Director of Public Works stated this was a report to a
DRAINAGE DITCH complaint received from Gary Eagon re overflowing of
drainage
ditch along Wedgewood Avenue. Mr. Van Houten reported
the
ditch has been cleaned.
SMOKING ORDINANCE The Building Official reported that he had completed
inspection
REPORT of 52 restaurants in Town and has issued violation
notices to
33 restaurants relating to the posting of signs as
required by
the Town Code. Reinspections will be within the next 30
days
where violations were noted. Mr. Siemens asked that upon
reinspection, direct inspectors to find out where the
non-
smoking sections are and if they are open at ail times.
Mr.
Siemens moved Council accept staff report. Mrs.
Rasmussen
seconded. Unanimously carried.
HANDICAPPED Jim Lewis, 24095 Summit Wood Dr., referred to report on
Handi-
PARKING capped parking and questioned the signing of parking
lots,
patrolling of parking lots and size of handicapped
parking
spaces. After further discussion, Mr. Ventura moved the
recommended implementation program be amended as
follows:
Number of Spaces Minimum Number of
in Parking Lot Handicapped Spaces
0 - 10 0
11 - 70 1
71 - 100 2
Greater than 100 One per hundred or
any
fraction thereof
4
471
March 17, 1981
Los Gatos,
California
HANDICAPPED Mr. Siemens seconded. Unanimously carried.
PARKING Mr. Ventura moved the recommended enforcement program
be
(CONTINUED) approved and adopt Resolution No. 1981-67 entitled,
HANDICAPPED
PARKING - TOWN PARKING LOTS, as amended above. Mr.
Siemens
seconded. Unanimously carried.
SURMONT DRIVE Director of Public Works stated to date Mr. Cosentino
had
DRAINAGE PROBLEM done none of the work that the Council had authorized
at a
previous meeting. After further discussion, Mr.
Siemens moved
Council authorize the Town Attorney to initiate legal
action
against Mr. Cosentino. Mr. Ventura seconded.
Unanimously
carried.
ESTABLISHMENT Mr. Ventura moved for adoption of Ordinance No. 1493
entitled,
OF R-ID ZONE AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE
ZONING
ORDINANCE ADDING SINGLE FAMILY RESIDENTIAL, DOWNTOWN
(R-ID)
ZONE. Mr. Siemens seconded. Carried by vote of three
ayes.
Mrs. Cannon and Mrs. Rasmussen voting no.
TOWN COMMUNITY Town Manager, David Mora, stated this would be taken
up at a
GOALS special work session on Monday, March 23rd, 1981.
STATE GOVERNOR’S Mr. Ventura moved Council communicate to State Senator
O'Keefe
BUDGET PROPOSAL and Assemblyman Konnyu, the Town's opposition to the
Governor's
proposed budget and the Town’s endorsement of the
League of
California Cities positions on amendments to the
proposed
budget. Mr. Ferrito seconded. Unanimously carried.
WILDER LOT Council received report from the Planning Director and
MOVE-ON PROJECT Community Programs Director stating the project is
feasible
and what actions are required. After further
discussion, Mrs.
Rasmussen moved Council direct staff to check with
both
housing corporations on different alternatives of
financing,
architecture design and other rehabilitations and
report back
to Council on April 6th, 1981. Mrs. Cannon seconded.
Unanimously carried. Mrs. Rasmussen moved to direct
the
Planning Commission to consider an amendment to the
Zoning
Ordinance that would allow Planned Development on
smaller lots
to provide low income housing for senior citizens.
Mr.
Siemens seconded. Unanimously carried.
CAPITAL IMPROVEMENT
PLAN No action taken.
CONSULTANT FOR Mr. Siemens moved Council authorize staff to negotiate
a final
GENERAL PLAN scope of work, cost and contract with Genge
Consultants for
REVIEW & DOWNTOWN the General Plan Review and the Downtown Specific
Plan. Mrs.
SPECIFIC PLAN Cannon seconded. Unanimously carried.
NOVITIATE PARK Mr. Siemens moved to appropriate $1,500.00, for
payment of
ACQUISITION appraisal services relative to the acquisition of the
Novitiate
site. Funds to be appropriated from the current
appropriated
contingency in the General Fund. Mr. Ventura
seconded.
Unanimously carried.
ADJOURNMENT Mr. Siemens moved meeting be adjourned at 10:55 p.m.,
to
7:30 p.m., Monday, March 23, 1981. Mrs. Rasmussen
seconded.
Unanimously carried.
ATTEST:
Rose E. Aldag
Town Clerk
5 -
472
March 23, 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 continued
regular
session.
PRESENT Mrs. Ruth Cannon, Mrs. MarLyn J. Rasmussen, Mr. Peter W.
Siemens, Mr. Brent N. Ventura and Mayor Thomas J.
Ferrito.
CONSULTANT - Mrs. Cannon moved for adoption of Resolution No. 1981-68
EIR - GUADALUPE entitled, A RESOLUT10N OF THE TOWN COUNCIL OF THE TOWN OF
COLLEGE LOS GATOS AUTHORIZING EXECUTION OF A CONTRACT FOR
CONSULTANT
SERVICES WITH LARRY SEEMAN ASSOCIATES. Mr. Ventura
seconded.
Unanimously carried.
FORBES MILL Discussion was held on the selling price of the Below
Market
PROJECT - Price units located in the Forbes Mill Project. Gerry
PRESENTATION Steinberg, partner in the Forbes Mill Project, discussed
Section D of the Town's resolution that gives the rules,
Procedure and criteria for determining the price of the
BIMP
units. Ms. Steinberg requested the Council allow them to
price the units at 120% of the County's median income.
Mr.
Knox, a former Planning Director for the City of Palo
Alto,
gave a short presentation on how the City of Palo Alto
solved
their BIT price problem. He suggested the 'Council pass
a
resolution locking the price when they have all come to
an
agreement. Mr. Diller, one of the principal of the
Forbcs
Mill Project, also spoke on resolving the price problem.
He
agrees with Mr. Knox and Gerry Steinberg at pricing the
units
at 120%, of the County's median income. Mr. Diller also
suggested the aid of a third party. No action taken by
the
Council at this time.
ADJOURNMENT Mrs. Cannon moved the meeting be adjourned at 8:0 p.m.
Ventura seconded. Unanimously carried.
ATTEST:
Rebecca L. Baine
Deputy Clerk
473
April 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
48O
April 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
487
April 23,
1981
Los Gatos,
California
TOWN COUNCIL The Town Council of the Town of Los Gatos met in the
Conference
Room of the Town Hall at 4:10 P.M., in an adjourned
regular session.
PRESENT: Ruth Cannon, Thomas J. Ferrito, MarLyn J.
Rasmussen,
Brent 14. Ventura and Mayor Peter W. Siemens.
ABSENT: None.
INTERIM Mayor Siemens stated the first order of business deals with
an
URGENCY ZONING Urgency Ordinance requiring Conditional Use Permit for the
off-
ORDINANCE premise sale of liquors. It was noted this ordinance is an
AMENDMENT Urgency Interim Ordinance and expires in four months.
Discussion
was held re this becoming a permanent ordinance and
questioned if
all existing liquor sales businesses would become
nonconforming
uses? It was suggested that a grandfather clause could be
added
to cover existing businesses. In reviewing the
proposed ordinance
the following amendments were made:
First paragraph, last line of Section A (1), omit "as
compared to
tourists or transients."
Add a new Section 4 as follows:
Section 4, The Town of Los Gatos has a higher per capita
number
of establishments selling alcoholic beverages than Santa
Clara
County. Renumber the former section 4 to 5.
Mrs. Cannon moved reading be waived for AN URGENCY INTERIM
ZONING
ORDINANCE OF THE TOWN OF LOS GATOS REQUIRING A CONDITIONAL
USE
PERMIT FOR THE OFF-PREMISE SALE OF LIQUOR. Mr. Ventura
seconded.
Unanimously carried. Clerk read title. Mr. Ventura moved
for
adoption of Ordinance No. 1497 as amended entitled, AN
URGENCY
INTERIM ZONING ORDINANCE OF THE TOWN OF LOS GATOS REQUIRING
A
CONDITIONAL USE PERMIT FOR THE OFF-PREMISE SALE OF LIQUOR.
Mrs.
Cannon seconded. Unanimously carried.
CITIZENS The Town Manager referred to a list of names submitted by
Council
ADVISORY members for the Citizens Advisory Committee. This committee
will
C03AMITTEE work with the consultants on the General Plan Review and
Downtown
Specific Plan. The committee should be composed of no more
than
twenty-five individuals and the mix of individuals should
be
representative of all interests in the Town including a
geographic
balance. Council at this time reviewed the list of names
sub-
mitted and a final list of names were given to the Town
Manager.
It was consensus of Council that it was a well balanced
committee,
geographically and has good representation from the
different
organizations. After further discussion the final count of
committee members were 27. Coordination of final list will
be
determined prior to May 4th, 1981, meeting and Committee
members
will be advised. Discussion was held as to the selection
of a
Chairman for the committee. It was consensus of the
Council that
the committee select their own Chairman.
ADJOURNMENT Mrs. Rasmussen moved meeting be adjourned at 5:30 P.m. Mr.
Ferrito
seconded. Unanimously carried.
ATTEST:
Rose E. Aldag
Town Clerk
488
May 4, 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 7:35 p.m. in regular session.
ROLL CALL PRESENT, Ruth Cannon, MarLyn J. Rasmussen, Brent N. Ventura
and Mayor Peter W. Siemens
ABSENT: Thomas J. Ferrito
PLEDGE OF
ALLEGIANCE Given by all in attendance.
PRESENTATION John O'Halleran, Manager of the Santa Clara Valley Flood
Control, stated the Board is considering adoption of an
assessment program and public hearing has been scheduled
for
June 9, 1981. Mr. O'Halleran introduced George Korbay,
Manager of Operations, who spoke on the functioning of the
system and benefit of an assessment program. He stated the
basic assessment unit for single family would pay
approximately
$12.00 per year and this would be in addition to present
tax
of $28.00 per year and recommending to the Board to
implement
this assessment. Mrs. Cannon moved for adoption of
Resolution
No. 1981-94 entitled A RESOLUTION ENDORSING THE
IMPLEMENTATION
OF AN ASSESSMENT PROGRAM. Mrs. Rasmussen seconded.
Unanimously carried.
MINUTES Mrs. Rasmussen asked for correction of April 20th minutes
as
follows: Page 1 under Written Communications, re Notice of
Rate Increase for General Telephone (action taken).
Council
to send letter of protest to General Telephone and Mr.
Ventura
to attend one of the PUC hearings and register Council’s
opposition.
Mr. Siemens referred to Page 7 of the April 20th minutes,
subject Parking at Civic Center, stating it was Mr. Ferrito
who voted no and not Mr. Siemens.
Mrs. Cannon moved minutes of April 20th (as corrected) and
April 23rd, 1981 be approved. Mr. Ventura seconded.
Unanimously carried.
WRITTEN 1. Letter from Roy Allen, requesting Council to reconsider
COMMUNICATIONS a zone change application which was denied by Council on
January 5th, 1'981. Mr. Allen, from audience, spoke on
his reasons for the request and showed a plot of the
area
around his property and the zonings. After due
consider-
ation, Mrs. Cannon moved to grant request and reschedule
a public hearing for June 1st, 1981. Mrs. Rasmussen
seconded. Unanimously carried.
2. Letter from Alan M. Simms, requesting agenda item IX-B
(3),
be rescheduled for May 18th, 1981. It was consensus of
Council to reschedule as requested.
3. Letter from Una Michaelsen, asking for reappointment for
herself and Blanche Penn to another term on the Library
Board. It was consensus of Council to readvertise for
the openings as set by Council policy. Mrs. Rasmussen
moved Clerk be directed to advertise for the vacancies.
Mr. Ventura seconded and stated the request for
reappoint-
ment would be considered at the time of interviews.
Unanimously carried. Mr. Siemens stated interviews
would
be held on June 15th, 1981.
4. Letter from Una Michaelsen, Chairman of the Los Gatos
Memorial Library Board, requesting the Library be re-
opened
on Thursdays from 1:00 p.m. to 9:00 p.m. and restore
most
of the services that was in effect until the passage of
Proposition 13. The Board strongly recommends Council
approve a budget that will include funds necessary for
Thursday reopening in fiscal year 1981/82. Mrs. Cannon
moved this matter be considered at the budget hearings.
Mr. Ventura seconded. Unanimously carried.
489
May 4, 1981
Los Gatos,
California
WRITTEN 5. Letter from Colleen LeCour, regarding electronic game
COMMUNICATIONS machines being allowed in various locations and
children
are spending their lunch money on the games. She is
requesting that the issue of "school lunch money verses
the electronic game machine", be discussed at a Council
meeting. Mr. Ventura moved this be referred to staff
for
report and to the Youth Commission for review. Mrs.
Rasmussen seconded. Unanimously carried.
6. Letter from Dr. Thomas J. Clark, Councilman of the City
of Long Beach, requesting Council’s support of the
return
of local powers which have been eroded over the years
by
the growth of federal programs. He urges Council to
adopt a resolution expressing it's support of efforts
by
the Federal Administration to return powers to local
entities. Mrs. Rasmussen moved Council support the
request and direct staff to prepare a resolution that
would be appropriate for Los Gatos and this be
presented
at the next Council meeting. Mr. Ventura seconded.
Unanimously carried.
7. Letter from Wendy Becker, member of the Youth
Commission
thanking Council for the money alloted to the Youth
Commissioners so they were able to attend the Santa
Clara
County Youth recognition luncheon. They felt the
luncheon
was informative and hoped to use many ideas and
resources
which were brought to their attention.
Mayor Siemens referred to notice he had received re permit
for wine sales in a residential area and asked staff to
inform applicant of the recent Urgency Ordinance that the
Town
adopted.
Mayor Siemens referred to a letter received from Dan
Cordero
re work that has been done on Pollard Road and asked for a
staff report on this matter.
BID AWARD Mr. Ventura moved Council accept staff recommendation and
SLURRY SEALING award the contract to low bidder, McReynolds Paving, in the
VARIOUS STREETS amount of $16,260.00. Authorize the Mayor to sign the
standard
PROJECT 249-SS contract on behalf of the Town and allocate $18,000.00 from
Section 2106 Gas Tax Funds to cover construction costs plus
10% contingencies. Mrs. Cannon seconded. Unanimously
carried.
KNOWLES DRIVE The Town Treasurer, James A. Stoops, reported on bids he
had
ASSESSMENT received for the sale of bonds to cover assessments on
Knowles
DISTRICT Drive. Mr. Ventura moved to accept staff recommendation and
award the sale of bonds to Stern and Company and adopt
Resolution No. 1981-95 entitled, RESOLUTION PROVIDING FOR
THE
ISSUANCE OF $865,073-00 PRINCIPAL AMOUNT OF IMPROVEMENT
BONDS,
TOWN OF LOS GATOS, ASSESSMENT DISTRICT NO. 79-1":
PRESCRIBING
THE DATE AND FORM OF SAID BONDS AND OF THE COUPONS TO BE
ATTACHED THERETO AND PRESCRIBING THE MATURITIES THEREOF AND
THE
REDEMPTION PROVISION THEREFOR AND THE INTEREST RATE
THEREOF:
AUTHORIZING THE EXECUTION OF SAID BONDS AND COUPONS:
PROVIDING
FOR THE COLLECTION OF ASSESSMENTS TO PAY THE PRINCIPAL OF
AND
INTEREST ON SAID BONDS: PROVIDING FOR A RESERVE FUND FOR
SAID BONDS: AND SELLING SAID BONDS. Mrs. Cannon seconded.
Carried by a vote of three ayes. Mrs. Rasmussen voting no.
AGREEMENT - CITY Director of Public Works requested this be continued to May
OF CAMPBELL 18th, 1981. Mrs. Cannon moved request be granted. Mr.
Ventura
seconded. Unanimously carried.
AGREEMENT WITH Mr. Ventura moved Council accept staff recommendation and
SANTA CLARA adopt Resolution No. 1981-96 entitled, RESOLUTION
AUTHORIZING
COUNTY AGREEMENT WITH COUNTY OF SANTA CLARA (KNOWLES DRIVE
ASSESSMENT
DISTRICT). Mr. Siemens seconded. Carried by vote of three
ayes. Mrs. Rasmussen voting no.
2
490
May 4, 1981
Los Gatos,
California
SANITATION Mrs. Cannon moved Council accept staff recommendation
and
DISTRICT #4 adopt Resolution No. 1981-97 entitled, RESOLUTION
AUTHORIZING
AGREMENT AGREEMENT WITH COUNTY SANITATION DISTRICT NO. 4 (KNOWLES
DRIVE ASSESSMENT DISTRICT). Mr. Ventura seconded.
Carried
by a vote of three ayes. Mrs. Rasmussen voting no.
AGREEMENT Mr. Ventura moved Council accept staff recommendation
and
PACIFIC, GAS & adopt Resolution No. 1981-93 entitled, RESOLUTION
AUTHORIZING
ELECTRIC COMPANY AGREEMENT WITH PACIFIC GAS & ELECTRIC COMPANY CONCERNING
RELOCATION OF POLES (KNOWLES DRIVE ASSESSMENT DISTRICT),
and
authorize staff to make payment under protest and seek
reimbursement. Mrs. Cannon seconded. Carried by a vote
of
three ayes. Mrs. Rasmussen voting no.
ADDENDUM TO MARK The Director of Public Works and Mr. Zullo spoke on the
THOMAS & CO. increase for additional engineering work, as project was
ENGINEERING delayed longer than anticipated. After further
discussion,
SERVICES AGREEMENT Mr. Ventura moved to go ahead and authorize the added
services
and staff to report back to Council with more detailed
information on the history of the contract and
justification
for raising contract. Mrs. Cannon seconded. Carried by
vote
of three ayes. Mrs. Rasmussen voting no. Approval of
resolution held until May 18th, 1981.
RIGHT-OF-WAY The Director of Public Works spoke on the right-of way
contracts
CONTRACTS - received to date. After further discussion, Mrs. Cannon
moved
KNOWLES DRIVE for adoption of Resolution 1981-99 entitled, RESOLUTION
APPROVING RIGHT-OF-WAY AGREEMENT - KNOWLES DRIVE
ASSESSMENT.
Mr. Ventura seconded. Unanimously carried.
RESOLUTION OF The Director of Public Works stated only part of the
right-of-
NECESSITY - way to be acquired for this project has been acquired to
date.
KNOWLES DRIVE The staff will continue to negotiate with the property
owner's
AND but, it is necessary to initiate condemnation
proceedings if
BID AWARD KNOWLES we are to acquire all of the required right-of-way and
begin
DRIVE ASSESSMENT construction on schedule. Mr. Van Houten recommended
that if
Council adopt the Resolution of Necessity they are
required
to make findings. Mayor Siemens asked if anyone in the
audience wished to speak on this issue. Mr. Van Houten
read
names of property owners and assessment numbers that are
involved in said proceedings. There being no one
wishing to
speak, Mrs. Rasmussen moved hearing be closed. Mr.
Ventura
seconded. Unanimously carried. After further
discussion, Mrs.
Cannon moved for adoption of Resolution of Necessity.
Mr.
Ventura seconded. Motion failed on a vote of three
ayes, Mrs.
Rasmussen voting no. (Motion failed as it requires a 4/5
vote).
Mr. Van Houten spoke on the negotiations for acquiring
said
properties. Mr. Sam Zullo of Mark Thomas Engineering,
spoke
on the condemnation actions. After further discussion,
Mr.
Ventura moved to reopen the hearing and continued it for
two
weeks. Mrs. Cannon seconded. Unanimously carried. Mr.
Ventura moved the award of contract for Knowles Drive
Assessment
District and the appropriation of funds be continued to
May
18th, 1981. Mrs. Cannon seconded. Unanimously carried.
VERBAL Evelyn Lassner, 15790 Orange Blossom Lane, spoke in
opposition
COMMUNICATIONS to the General Telephone Company rate increase and feels
we
should have the same rate structure comparable to
Pacific
Telephone.
Councilman Ventura stated he had attended a PUC hearing
in
Santa Barbara last week and Registered a strong protest
against
the increase.
Mrs. Cannon moved Council send a letter to PUC stating
our
opposition and requested comparable rates as furnished
by
Pacific Telephone. Mrs. Rasmussen seconded.
Unanimously
carried.
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May 4, 1981
Los Gatos,
California
VERBAL Carol Bondi, from audience, also spoke against the rate
COMMUNICATIONS increases of General Telephone and compared rate structures
(CONTINUED) with that of Pacific Telephone
Thomas Morton, of Morton's Auto Service on University
Avenue,
stated he has lost his lease at his present location and
would like to use the Meadow Gold building at Elm Street.
It is in a C-2 Zone and auto repair use is not allowed in
this zone. He is asking Council for zone change to allow
him
to keep his business in Los Gatos. Mrs. Cannon moved this
be referred to staff and report back to Council on May
18th,
1981. Mr. Ventura seconded. Unanimously carried. Mr.
Bowman
stated it is Town policy that no auto related uses are
allowed
in the downtown area.
RECESS Mayor Siemens declared a recess. Meeting reconvened at
10:00 a.m.
ZONE CHANGE Mayor Siemens stated this was the time and place duly noted
SHANNON ROAD AREA for continued public hearing on the proposed zone change.
SCHOOL PROPERTY Planning Director, Lee Bo7;man,stated the zoning had been
split
and the PS Overlay Zone nom is only on the administration
office
.and parking lot. Mr. Peters of Hilow Court, expressed his
appreciation for consideration given by the Council at a
prior
hearing and spoke against the Planning Commission's report.
He suggested this should be analyzed and urged Council’s
disapproval of this proposed zoning. Mr. Lee Walton,
Superin-
tendent of the School District, spoke for the proposed
zoning
stating the use of the district office is for professional
offices only. After further discussion, Mrs. Rasmussen
moved
public hearing be closed. Mrs. Cannon seconded.
Unanimously
carried. Mrs. Rasmussen moved reading be waived for AN
ORDINANCE OF THE TOWN OF LOS GATOS AMENDTING THE ZONING
ORDINANCE
EFFECTING ZONE CHANGE NO.________FROM R-1:8,000 TO R-
1:8,000-PS.
Mr. Ventura seconded. Unanimously carried. Clerk read
title.
Mrs. Rasmussen moved for introduction of the Ordinance.
Cannon seconded. Carried by roll call vote of ayes: Mrs.
Cannon, Mrs. Rasmussen and Mr. Ventura. Noes: Mayor
Siemens.
EXTENSION OF Mayor Siemens stated this -7as the time and place duly
published
ORDINANCE TO ALLOW for public hearing to consider the extending of Urgency
RECONSTRUCTING OF Ordinance No. 1487, to allow reconstruction of a destroyed
DESTROYED NON- nonconforming building with a Conditional Use Permit and
special
CONFORMING conditions pending preparation of a new downtown plan.
There
BUILDINGS being no one in the audience wishing to speak on this
issue,
Mr. Ventura moved hearing be closed. Mrs. Cannon seconded.
Unanimously carried. Mrs. Cannon moved reading be waived
for
URGENCY ORDINANCE OF THE TOWN OF LOS GATOS EXTENDING
ORDINANCE
NO. 1487 EIGHT MONTHS UNDER GOVERNMENT CODE SECTION 65858
Mr. Ventura seconded. Unanimously carried. Clerk read
title.
Mrs. Cannon moved for adoption of Ordinance 1498 entitled,
URGENCY ORDINANCE OF THE TOWN OF LOS GATOS EXTENDING
ORDINANCE
NO. 1487 EIGHT (8) MONTHS UNDER GOVERNMENT CODE SECTION
65858.
Mr. Ventura seconded. Unanimously carried.
PLANNED OVERLAY Mayor Siemens stated this was the time and place duly
published
ZONE FOR HOUSING for public hearing to consider zoning ordinance amendment
which
OF SENIOR will reduce the minimum lot area required for the Planned
CITIZENS Development Overlay Zone. There being no one in the
audience
wishing to speak on this issue, Mrs. Cannon moved hearing
be
closed. Mr. Ventura seconded. Unanimously carried. Mrs.
Rasmussen moved reading be waived for AN ORDINANCE OF THE
TOWN
OF LOS GATOS AMENDING THE ZONING ORDINANCE TO REDUCE THE
MINIMUM LOT AREA REQUIRED FOR THE PLANNED DEVELOPMENT
OVERLAY
ZONE TO ACCOMMODATE HOUSING FOR SENIOR CITIZENS. Mr.
Ventura
seconded. Unanimously carried. Clerk read title. Mrs.
Rasmussen moved Ordinance be introduced. Mr. Ventura
seconded.
Unanimously carried.
4
492
May
4, 1981
Los
Gatos, California
SIGNALIZATION OF Mayor Siemens stated this was the time and place duly
published
N. SANTA CRUZ AVE. for public hearing to consider installation of
signals at N.
& ANDREWS STREET Santa Cruz Avenue and Andrews Street. Director of
Public
Works stated notices had been mailed to 380 property
owners
and tenants in the area. Mr. Gene Rugani and John
Eastman
spoke in favor of the signals and suggested a traffic
count
on Mariposa Avenue be taken. Bill Del Carlo spoke in
opposition
to the signal installation. The Director of Public
Works
referred to Barton Aschman’s report and stated he
felt the
signal would help the traffic situation. Dale
Chambers of
Mariposa Avenue spoke in favor of the signal and
asked for
a traffic count and study before the installation is
made.
Also consideration of the closing of Mariposa at San
Benito.
Barbara Johnson, owner of property at the corner of
N. Santa
Cruz and Andrews, stated she had not received a
notice, and
asked if she would lose any of her property. Mr.
Van Houten
stated she would lose no property, but a tree would
be removed
to install the signal. After further discussion,
Mrs. Cannon
moved hearing be closed. Mrs. Rasmussen seconded.
Unanimously
carried. Mrs. Cannon moved Council approve the
concept plan
and direct staff to prepare final plans and
specifications
for the project. Mr. Ventura seconded. Unanimously
carried.
Mr. Ventura asked that the tree, which will need to
be
removed, be replaced after the project is finished.
ZONING AMENDMENT Planning Director, Lee Bowman, stated in lieu of
initiating
BUILDING the rezoning of properties in the downtown area to
bring "hem
MORATORIUM IN into conformance with the recently adopted General
Plan
DOWNTOWN AREA amendments, the Planning Commission is recommending
an urgency
interim zoning ordinance. George Tobin spoke in
opposition
of the proposed ordinance. Patricia Blackley
requested their
property on Almendra Avenue be exempt from said
moritorium.
Sue LaForge, from the Chamber of Commerce, stated it
was
consensus at a previous meeting that change of the
General
Plan prior to the downtown study would suffice and
there would
be no need of a moratorium. She feels this will have
an
adverse impact. Zona Boyer requested her property be
excluded.
After further discussion, Mrs. Rasmussen moved to
note and
file the proposed ordinance. Mrs. Cannon seconded.
Carried
by a vote of three ayes. Mr. Ventura voting no.
MOTORCYCLE CLUB The Town Attorney, Walter Hays, stated he had written
the
VIOLATION motorcycle club regarding zoning violations and to
date had
received no answer. Mrs. Rasmussen moved Council
direct the
Attorney to pursue legal action. Mrs. Cannon
seconded.
Carried by a vote of three ayes. Mr. Ventura
abstained.
MONTHLY PLANNING Mrs. Cannon moved Council accept report on the status
of
REPORT Planning matters for the month of May. Mrs. Rasmussen
seconded.
Unanimously carried.
COUNTY REFERRALS Mrs. Cannon moved Council accept staff
recommendations on the
following:
1334-27-44-81B Old Santa Cruz Hwy
Miller
resubmittal for single family home no
comment.
12S77.18 Soda Springs Road
Barrick Time
extension for 3-lot subdivision no
comment.
1423-34-51-81B Shannon Road
Binnetti Single
family home Does not appear that the proposed
house will
violate any of Town's hillside standards.
1377-28-40-81V Summit Road Woods
Variance to
build 2 story accessory bldg. Secretary's
hearing 4/24/81
hers. Rasmussen seconded. Unanimously carried.
BUILDING CODE Building Official, Archie Watson, requested public
hearing re
APPEAL 28-30 building code appeal for 28-30 Bayview be set for
June lst,1981.
BAY-VIEW Greg Goodere from audience requested hearing be set
for July
6th,1981. Mrs. Cannon moved request be granted and
hearing
5
493
May 4,
1981
Los
Gatos, California
BUILDING CODE on the appeal be set for July 6th, 1981. Mrs.
Rasmussen
APPEAL 28-30 seconded. Unanimously carried.
BAYVIEW
(CONTINUED)
PARKING Mrs. Cannon moved for adoption of Resolution No.
1981-100
PROHIBITIONS IN entitled, RESOLUTION PROHIBITING PARKING ON ALTA
TIERRA
ALTA VISTA COURT, AUZERAIS COURT, COLORADO COURT, HARWOOD COURT,
MADERA
SUBDIVISION COURT, SANTA ROSA DRIVE, AND THE EMERGENCY ACCESS
ROAD
BETWEEN HARWOOD COURT AND SANTA ROSA DRIVE. Mrs.
Rasmussen
seconded. Unanimously carried.
TOW-AWAY ZONE Mrs. Cannon moved for adoption of Resolution No.
1981-101
FORBES MILL GATE entitled, PARKING RESTRICTION TOW-AWAY ZONE - FORBES
MILL
GATE. Mrs. Rasmussen seconded. Unanimously carried.
FINAL MAP OF Mrs. Cannon moved for adoption of Resolution No.
1981-102
TRACT 6853 entitled, RESOLUTION APPROVING AND ACCEPTING FINAL
MAP OF
TRACT NO. 6853 and authorize execution of the
contract for
public improvements. Mrs. Rasmussen seconded.
Unanimously
carried.
INSTALLATION OF Mrs. Cannon moved for adoption of Resolution No.
1981-103
GREASE INTERCEPTER entitled, RESOLUTION OF THE TOWN COUNCIL OF THE TOWN
OF LOS
TANK - SERVICE GATOS APPROVING PLANS AND SPECIFICATIONS FOR THE
INSTALLATION
CENTER PROJECT OF GREASE INTERCEPTOR TANK AT THE TOWN SERVICE CENTER
-
254-GF PROTECT No. 254-GF. Bids to be received by 3:00 P.M.
on
June 3rd, 1981. Mrs. Rasmussen seconded.
Unanimously carried.
DEMOLITION OF Mrs. Cannon moved for adoption of Resolution No.
1981-104
BUILDING AT 612 entitled, RESOLUTION OF THE TOWN COU14CIL OF THE TOWN
OF LOS
W. PARR AVENUE GATOS APPROVING PLANS AND SPECIFICATIONS FOR
DEMOLITION OF
PROJECT 253-HCDA NURSERY SCHOOL AT 612 W. PARR AVENUE, LOS GATOS
CALIFORNIA -
PROJECT NO. 253-HCDA. Bids to be received by 3:00
P.M., June
3rd, 1981. Mrs. Rasmussen seconded. Unanimously
carried.
PARKING Mrs. Cannon moved for adoption of Resolution No.
1981-105
RESTRICTION entitled, PARKING RESTRICTION - MASSOL AVENUE. Mrs.
Rasmussen
MASSOL AVENUE seconded. Unanimously carried.
PARKING Mrs. Cannon moved for adoption of Resolution No.
1981-106
RESTRICTION LOS entitled, PARKING RESTRICTION - LOS GATOS BOULEVARD.
Mrs.
GATOS BOULEVARD Rasmussen seconded. Unanimously carried.
AT NEW TOWN
NO PARKING HICKS Mrs. Cannon moved for adoption of Resolution No.
1981-107
ROAD AT LOS GATOS entitled, PARKING RESTRICTION - HICKS ROAD. Mrs.
Rasmussen
CHRISTIAN CHURCH seconded. Unanimously carried.
STORM DRAIN Mrs. Cannon moved for adoption of Resolution No.
1981-108
EASEMENT VACATION entitled, A RESOLUTION OF INTENTION TO VACATE A
PORTION OF A
Sh@@IAS/GROUP IV PUBLIC STORM DRAIN EASEMENT WITHIN THE LANDS OF
SEMAS/GROUP IV
LTD. (POLLARD ROAD AND TEAKWOOD AVENUE). Mrs.
Rasmussen
seconded. Unanimously carried.
NOTICE OF Mrs. Cannon moved Council approve Notice of
Completion and
COMPLETION PROJECT Certificate of Acceptance for Camino del Sol Street
Closure,
248-SS Project 248-SS (R.H. Wehner Company) and Mayor be
authorized
to execute the notice. Mrs. Rasmussen seconded.
Unanimously
carried.
CITIZENS ADVISORY Mrs. Cannon moved Council appoint the following
individuals
COMMITTEE FOR to the Town Advisory Committee:
GENERAL PLAN REVIE7@V Jack Aiello Joe
Goodwin
& DOWNTOWN SPECIFIC Katherine Anderson Bob
Holding
PLAN Joanne Benjamin Judy
Howell
Rex Burbank Joan
Kjemtrup
Jan Burland Kathy
Morgan
6
494
May 4,
1981
Los
Gatos, California
CITIZENS ADVISORY Harry Campbell Dale O'Toole
COMMITTEE FOR GENERAL Eric Carlson Gene Rugani
PLAN REVIEW & DOWN- Bud Christensen Ken Steffen
TOWN SPECIFIC PLAN Marion Cosgrove Bob Templeton
Tim Coughlin Carolyn
Thomas
Karen Ettinger J.D.
Vanderlaan
Lea F. Frey Mildred
Voelker
Argo Gherardi Fred Young
And approve the meeting scheduled and the Town
Advisory
Committee by-laws. Mrs. Rasmussen seconded.
Unanimously
carried. Town Manager stated a joint meeting of the
Planning
Commission and Town Council has been scheduled for June
22nd
and August 10th, 1981.
CVE, INC. Mrs. Cannon moved Council approve a supplemental
appropriation
RETENTION PAYMENT of $5,339,39, from existing Federal Revenue Sharing
Funds
PROJECT 227-SOS Account 15-XX-582 and authorize payment of that amount
to
C.V.E., Inc. for the 1979 Street Light Conversion
Project No.
227-SOS. Mrs. Rasmussen seconded. Unanimously
carried.
ALTA VISTA Mrs. Cannon moved Council approve request of
Teleprompter for
SUBDIVISION CABLE a 3 foot-wide easement over portion of Parcel A, Tract
6309
TV EASEMENT and authorize the Mayor to execute said easement on
behalf of
the Town and authorize the Clerk to record the executed
document.
Mrs. Rasmussen seconded. Unanimously carried.
STORM DRAIN Mrs. Cannon moved Council authorize the Town Clerk to
pay
AGREEMENT -VASONA $50,000 to Winchester Associates as per agreement dated
May
STATION 10th, 1979, as funds have been received from the City
of
Campbell. Mrs. Rasmussen seconded. Unanimously
carried.
COMMUNITY GOALS Mrs. Cannon moved Couicil set work session for Monday,
May llth
WORK SESSION 1981, at 7:30 P.m. for further disucssion of community
goals
and the Hughes, Heiss Management report. Mrs.
Rasmussen
seconded. Unanimously carried.
PAYROLL AND Mrs. Cannon moved Council approve the April payroll in
the
WARRANT DEMANDS amount of $251,143.84, and the April warrant demands in
the
amount of $513,294.94. Mrs. Rasmussen seconded.
Unanimously
carried.
OPEN SPACE Mrs. Cannon moved for adoption of Ordinance No. 1499
entitled,
DEDICATION AN ORDINANCE OF THE TOWN OF LOS GATOS ADDING SECTION
27-48 TO
THE TOWN CODE REQUIRING DEDICATION OF OPEN SPACE. Mrs.
Rasmussen seconded. Unanimously carried.
AB-1995 KONNYU Mrs. Rasmussen moved Council accept staff
recommendation and
support Assembly Bill #1995, which would exempt cities
which
have population of less than 50,000 from the October 1,
1981
deadline for the adoption of a new housing element.
Mrs.
Cannon seconded. Unanimously carried.
MOBILE/MFG It was consensus of Council to accept the informational
report.
HOMES ON R-1
LOTS
ALAN SIMS - This item by request of her. Sims was continued to May
18,1981.
FENCE
POLICY STATEMENT Mr. Ventura moved Council consider the report and
direct staff
ON STREET to prepare a policy statement concerning procedures for
ABANDONMENTS establishing land value in conjunction with street
abandonments
for consideration at a future meeting. Mrs. Rasmussen
seconded.
Unanimously carried.
7
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May 4, 1981
Los Gatos,
California
RENTAL Cindy Rosson, Housing Specialist, spoke on the proposed
REHABILITATION rental rehabilitation program. After some disucssion,
Mrs.
PROGRAM Cannon moved to approve the plan in concept and amend
the
guidelines of the rental rehabilitation program. Mr.
Siemens seconded. Carried by two to one vote. Mrs.
Rasmussen
voting no and IL-. Ventura abstained.
BUS STATION SITE Disucssion was held on the report from the Community
Services
and Development Commission on a proposed bus station
location
on So. Santa Cruz Avenue. Mrs. Rasmussen stated they
should
wait for the Downtown Study report before any action be
taken,
and ask consultants for a recommendation. Mr. Bill
Quigley
spoke on the study the Committee had made. Sue LaForge
stated she felt the Committee should look at other sites
and
the merchants in the business area should be consulted.
After further discussion, Mr. Ventura moved to approve
the
proposed concept as amended. Mr. Siemens seconded.
Unanimously
carried.
RESOLUTION OF Mayor Siemens directed staff to prepare a Resolution
commending
COMMENDATION Bert Sporleder for his heroic rescue of a young boy from
the
Los Gatos Creek Channel.
AJOURNMENT Mrs. Cannon moved meeting be adjourned at 12:25 a.m.
Mrs.
Rasmussen seconded. Unanimously carried.
ATTEST:
Rose E. Aldag
Town Clerk