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M 03-02-81March 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 Campbellā€™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. - 1 - 458 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 - 2 - 459 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. - 4 - 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. - 5 - 462 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