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M 01-05-81 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. - 3 434 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. - 4 - 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. - 5 - 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. - 6 437 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. Unanimously carried. ATTEST: Rose E. Aldag Town Clerk