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M 03-17-198029 1 March 17, 198 0 Los Gatos, Californi a TOWN COUNCIL The Town Council of the Town of Los Gatos met in the Council Chamber s of the Town Hall at 7 :30 p .m, in regular session . ROLL CALL PRESENT : Ruth Cannon, Thomas J . Ferrito, Mardi Gualtieri, Peter W . Siemens and Mayor John B . Lochner . ABSENT :None . PLEDGE O F ALLEGIANCE Given'by all in attendance . MINUTES Mrs . Gualtieri moved minutes of March 3, 1980 be approved as submitted . Mr . Ferrite seconded . Unanimously carried . COMMUNICATIONS 1 . Letter from Alice Berryman Burroughs, 221 Wilder Avenue,stating she is opposed to having her property included in the propose d landmark historic preservation Overlay Zone . (Hold to late r agenda item ) 2.Letter from Harriet Johnson, requesting the commercial buildin g at 210Almendra Avenue be exempt from the Overlay Zone . (Late r agenda item ) 3.Memo from Lee Bowman, Planning Director, stating the Loca l Agency Formation Commission approved the Town's requeste d expansion of their Urban Service Area . 4.Letter from State of California Air Resources Board, re design - ation of ABAG and BAAQMD as Co-Lead Agencies for Air Qualit y Planning in the Bay Area . Mr . Ferrito stated Council had take n a position on this issue at the last meeting and requeste d Manager to send copy of Council's action to ARB . 5.Letter from SandyLouthian,Chairman of the Cultural Resource s Commission, requesting the use of Bachman, Oak Meadow and Tow n Plaza Parks for their free summer concerts in the Park's Serie s with tentative dates of June 1st and 22nd ;' July 13th and 27th ; August 3rd and 17th, 1980 . Western Federal Savings and Loa n and the Music Performances Trust Fund, Local 153 will be co - sponsoring these concerts .Mrs .Gualtieri moved permission b e granted . Mr . Ferrite seconded . Unanimously carried . 6.Letter from Edward D . Kellar, Maison Massol Management, statin g he has dropped his eviction proceedings against the Grimes' an d is allowing them to stay in tenancy at the Maison Massol apart - ments . 7.From Eric D . Carlyle, Attorney,a claim for personal injurie s filed on behalf of Richard A . Horton . Mrs . Gualtieri move d claim be denied and referred to insurance carrier . Mr . Siemens seconded . Unanimously carried . 8.Letter from Green Valley Disposal Company asking for a modific- ation to the rules governing the free refuse pick-ups conducte d twice a year throughout the Town . Mrs . Gualtieri moved Counci l accept staff recommendation and grant the modifications (Limitin g the amount of additional material to be collected to one cubi c yard, which is equivalent to 61 standard garbage cans). Mrs . Cannon seconded . Unanimously carried . 9.Letter from Lela Austin, President of Los Gatos-Saratoga Branc h of AAUW, reporting on their objectives on recommendations o f the Santa Clara County Housing Management Task Force in th e publications "Living Within Our Limits". Mrs . Gualtieri move d this be referred to Community Services and Development Commissio n and the ICC . Mr . Siemens seconded . Unanimously carried . 10.Claim for full indemnity, partial equitable indemnity, and cost s of litigation filed on behalf of Pacific Gas and Electric Co . Attorney Hill stated this relates to Lori Wagonner claim . Mrs . Gualtieri moved claim be denied . Mr . Siemens seconded .• Unanimously carried . 11.Letter from Orville Johns, questioning the delay on a reply , from Planning on his request dated November, 1979 re change s in building plans at 151 N . Santa Cruz Ave . Report from Plan - ning Director as to procedures on request . Attorney to sen d copy of Planning Director's report to Mr . Johns . 292 March 17, 198 0 Los Gatos, California COM NICATIONS 12 .Revénue and Expenditure reports for the month of February, 198 0(CONTINUED)from the Office of Town Clerk .13 .Treasurer's monthly report for February, 1980 . Mr . Winston Smith, 130 Wooded View Drive, spoke on mud slides in th e Wooded View Acres subdivision and requesting Town to investigat e problem and take necessary action to correct . Mr . Smith presente d petition signed by 19 families in the area and also some snapshot s of the slides . Mrs . Cannon moved staff be authorized to study the area and report back at next Council meeting . Mr . Ferrito seconded .Unanimously carried .. Mr . Dom Salitto, from audience, stated he wished to request a phon e be installed in or near Council Chambers, or at least install a light in phone booth near the library . Mr . Siemens moved for adoption of Resolution No . 1980-34, entitled , A RESOLUTION APPROVING THE ANNEXATION OF CERTAIN UNINHABITE D TERRITORY DESIGNATED AS SHANNON ROAD NO . 15 TO/THE TOWN OF LOS GATOS .Mss . Cannon seconded . Unanimously carried .e- Nr . Siemens moved for adoption of Resolution No . 1980-35 entitled , RESOLUTION AUTHORIZING AMENDED AGREEWENT WITH CITY OF SAN JOS E RELATING TO RESURFACING OF STREETS . Authorize the Mayor to sign on behalf of the Town and rescind Resolution No . 1980-28, adopte dFebruary19, 1980 .Mrs . Cannon seconded . Unanimously carried . Mr . Siemens moved for adoption of Resolution No . 1980-36 entitled ,RESOLUTION ACCEPTING OFFERS OF DEDICATION, TRACT 5920 .Mrs . Cannonseconded. Unanimously carried . Mr . Siemens movedfor adoption of Resolution No . 1980-37 entitled , RESOLUTION AUTHORIZING WATER AND SEWER EXTENSION AGREEMENT an dMayor-be authorized to sign :of .behalf of the Town . Mrs neonseconded. Unanimously carried . 1VIr ,Siemens moved for adoption of Resolution No . 1980-38 entitled , RESOLUTION AUTHORIZING AGREEMENT WITH STATE DEPARTMENT OF TRANS - PORTATION, concerning the proposed installation of railroad crossin gsignals (gates)on Winchester Boulevard north of Lark Avenue ,approving Program Supplement No . 2 (revised) to Master Agreemen tNo. 04-5067, which adds the State Matching Funds . Mrs . Cannonseconded. Unanimously carried . Mr . Siemens moved Notice of Completion and Certificate of Acceptanc ebe approved as follows : 51 University Avenue (Sunrise Development, Inc .) Lot division, Ferris Avenue (Mikkelsen ) Mrs . Cannon seconded . Unanimously carried . Mrs . Gualtieri stated she and Mr . Ferrito had met with Mr . John LaForge for the purpose of discussing the possibility of a gettin g a private taxi cab service started in the Town . Mr . LaForge spoke on the feasibility of this, stating a cab beginning in the Town would not show any profit for at least three years . Discussion wa sheld on possible funding for such a project . Mrs . Gualtieri propose d a filing of an amendment to the MTC Grant application . It wa s consensus of Council this would jeopardize the ASSIST van program . After further discussion, Mr . Ferrito moved to grant the cab rat eincrease for a 45 day period and Mayor appoint a committee of tw o councilmembers to meet with taxi cab companies to review detail s as to how this increase of rates will improve the taxicab service .Mrs . Cannon seconded Unanimously carried . Mayor Lochner appointe dMrs. Cannon and Mr . Siemens to said committee . Mr . Ferrit o YE JJ.AL CCMNICATIONS SHANNON ROA D NO . 1 5 ANNEXATIO N RESURFACING STREET - AGREEMENT CITY OF SAN JOS E DEDICATIONS TRACT 5920 WATER &SEWER EXTENSIO N AGREEMENT - CHE N AGREEMENT WIT H STATE DEPARTMENT TRANSPORTATION RR XING - WINCHESTE R BOULEVAR D NOTICE O F COMPLETIONS MTC GRANT APPLICATION - 2 - 293 , March 17, 198 0 Los Gatos, Californi a MTC GRANT moved for the adoption of Resolution No . 1980-39 entitled, RESOLUTIC N APPLICATION AUTHORIZING THE FILING OF AN APPLICATION WITH THE METROPOLITA N (CONTINUED)TRANSPORTATION COMMISSION FOR ALLOCATION OF TRANSPORTATION DEVELOP - MENT ACT FUNDS FOR FISCAL YEAR 1980-•81 . Mrs . Cannon seconded . Carried by vote of four ayes . Mrs . Gualtieri voting no . KAVANAUGH Mayor Lochner stated this was the time and place duly published t o APPEAL ON consider the appeal of Planning Commission's denial of zone chang e NATIONAL from R-1 :8 to "0".Dan Gallagher, Attorney, representing Mr . & Mrs . AVENUE Kavanaugh, spoke on the rezoning, stating they had met wit h neighbors in the area and worked out many of their problems . Mr . Chuck Weber, 1636 Camino del Sol, stated he feels now, the applica - tion and development as outlined is very good and he favors th e development . Tony Peruse ., 16184 Camino del Sol, spoke in favor o f development . Discussion was held on possible closing of Camino de l Sol at Los Gatos Boulevard and/or possibility of a cul-de-sac o n Camino del Sol . Vic Collard spoke against the closing of Camin o del Sol . There being no one else wishing to speak on this matter , Mrs . Cannon moved hearing be closed .Mrs . Gualtieri seconded . Unanimously carried . Mrs . Gualtieri moved Council make Negativ e Declaration as project would not have a significant effect on th e environment and is consistent with General Plan . Mrs . Cannon seconded . Carried by vote of four ayes . Mr . Lochner voting no . After further discussion was held on possibility of right hand tur n on National Avenue, and how to handle the traffic that the develop - ment would generate . Mr .Ferrito moved both appeals be considere d at the same time that would include the rezoning of 6 parcels o f property located at 14911 through 15001 National Avenue . Mrs . Gualtieri seconded . Unanimoulsy carried . Mr . Ferrito moved Counci l uphold the appeal relating to 6 parcels on National Avenue and staf f be authorized to draft the necessary ordinance stating the finding s that zone change is consistent with the General Plan ; also not e conditions that 40 foot lot on Camino del Sol be landscaped ; hous e be converted to professional use and not demolished ; and servic e road from Convalescent hospital exit onto National Avenue . Hearing to be continued to April 7, 1980 with staff reporting back on th e study of the Camino del Sol closing or limited traffic by righ t hand turn lane at National Avenue . Mrs . Cannon seconded . Carrie d by vote of four ayes . Mr . Lochner voting no . RECESS Mayor declared a recess . Meeting reconvened at 9 :50 p .m . ALMOND GROVE Mayor Lochner stated this was the time and place duly published fo r HISTORIC public hearing on zone change form R-1 :8, RM-5-12, RIM5-20-R an d DESIGNATION C-2 to R-1 :8LHP, RM :5-12LHP and C-2LHP . Mr . Lee Bowman presente d staff recommendation . Mrs . Nick-1e Clapp, 16680 Littlefield Lane , representing Almond Grove Association, spoke for the designatio n of Historic Zone, made a slide presentation of homes in th e designated area . Mr . George Tobin, Attorney, representing Harve y Johns, spoke on petition signed by 39 property owners in the are a that are opposed to the Overlay Zone . Also speaking in oppositio n to the proposed zone were Sam Yablonsky, Victor Collard, Alic e Thorsby . Speaking in favor of the proposed zone were Kathy Morgan , Bill Chivers (speaking on behalf of his mother Laura Chivers), David Clapp and Bob Lee . After further discussion and no one els e in audience wishing to speak, Mrs . Cannon moved hearing be closed . Mrs . Gualtieri seconded . Unanimously carried . Mayor Lochne r questione d ,the cost to the Town for processing of applications . Mrs . Gualtieri moved Council make negative declaration as zonin g is consistent with General Plan . Mr . Ferrito seconded . Unanimousl y carried .Mrs .Gualtieri moved reading be waived for AN ORDINANC E OF THE TOWN OF LOS GATOS AMENDING THE ZONING ORDINANCE EFFECTIN G ZONE CHANGE NO . FROM R-1 :8, RM :5-12, RM :5-20-R AND C-2 TOR-1 :8LHP , RM :5-12-LHP, RM :5-20-R-LHP AND C-2-LHP (Almond Grove Histori c District). Mr . Ferrito seconded . Unanimously carried . Mrs . Gualtieri moved for introduction of ordinance .Mr .Ferrito seconded . Carried by roll call vote of four ayes . Mr . Lochner voting no . 294 March 17, 198 0 Los Gatos, Californi a TRANSIT DISTRIC T SPEED LIMI T WINCHESTE R BOULEVARD COUNTY REFERRALS REZONING 15 0 BROOD ACRES DRIVE BROADWAY EXTENSIO N REPAIR S FUNDING REQUEST FOR SOFTBALL FIELD Discussion was held on letter received for Town of Los Altos Hill s re transportation problem in Santa Clara County . Mr . Ferrito move d Council support in concept the powers and duties of Board of Super - visors provided local land use policy is not overruled by the tran - sit district . Mr . Siemens seconded . Unanimously carried . Letter to support be sent to Los Altos Hills, ICC, Senator Alquist an d Transportation Commission . Mrs . Gualtieri reported on the recommended increase of bus rates . Mr . Ferrito stated the Town had received only one application fo r the vacancy that now exists on the county-wide Housing and Communit y Development Citizens' Advisory Committee and requested extension o f filing date . Deadline for filing extended t o.Friday, April 4, 1980 . Mrs . Cannon moved for adoption of Ordinance No . 1461 entitled, A N ORDINANCE OF THE TOWN OF LOS GATOS AMENDING SECTION 16-43 .2 OF TH E LOS GATOS TOWN CODE FOR ESTABLISHING SPEED LIMITS ON CERTAIN STREET .. Mr . Siemens seconded . Unanimously carried . Mrs . Gualtieri moved for approval of a county referral as follows : 12P66 .5 and 12P72 .7 Loma Prieta Mountain Televisio n Communications,Inc .Modification of use permit for televisio n tower . Council should add its concern that the new constructio n not be visible from the valley floor and ask Planning Commissio n to give the issue of visual impact, major consideration . Mrs . Cannon seconded . Unanimously carried . Mrs . Cannon moved for adoption of Ordinance No . 1462 entitled, A N ORDINANCE OF THE TOWNOF LOS GATOS AMENDING THE ZONING _ORDINANC E EFFECTING ZONE CHANGE NO . 37 FROM RC TO HR-2i . Mrs . Gualtier i seconded . Unanimously carried . Town Manager spoke on report from staff re the engineering problem s on Broadway Extension . Mr . Warnick reported on cost of repairs t o the road stating it would come to $25,000 .00 . Residents speaking on behalf of the repair project and stating allli repairs have bee n done by the Town previously were Shirley Finelli,Mr . Strawn , E . McNulty, Henrietta Swanson, Howard Durham, Jo Bartlett, Harol d Partridge and George Tobin . After further discussionas t o responsibilities of maintenance and repairs, it was consensus o f Council that costs of repair of roadway should be a joint projec t between property owners and the Town . Further discussion was hel d as to whether Town can accept the road if it is below standard ? Attorney Hill stated if Council accepted any roadway less than 4 0 foot in width, it would take a 4/5 vote . Mrs . Gualtieri made a consensus motion to accept less than 40 foot width . Mr . Siemen s seconded . Motion withdrawn . Mr . Siemens moved Council direc t staff to set up an assessment district and that they attempt t o secure necessary dedications in effort to get as much right-of-wa y as possible to satisfy the design needs of the road . Mrs . Gualtier i seconded . Unanimously carried . Mrs . Gualtieri moved Attorney b e authorized to contact Bond Counsel on proceedings to set u p Assessment District . Staff be authorized to secure necessary dedications . Ivianager be authorized to declare this as an emergenc y situation and Council approve a supplemental appropriation in th e amount of $25,000 to start proceedings for permanent repairs o f roadway . Mr . Siemens seconded . Unanimously carried . Progres s report from Engineers Office to be presented to Council at thei r next meeting . Mr . Siemens moved Council accept staff recommendation and appropriat e $20,000 from Construction Tax fund and direct Attorney to prepar e an appropriate contract with the school and Jaycees . Mrs . Gualtier i seconded . Unanimously carried . R~~ PENDING LEGISLATIO N STODDAR D SUBDIVISION O N BLOSSOM HIL L ROAD AT LINDA DRIVE POLIC E ENFORCEMENT ACTIVITIE S RINCONADA HILLC ASSOC . TRAFFI C ENFORCEMEN T SMOKIN G ORDINANC E COURT CONSOLIDATIO N ADJOURN 29 5 March 17, 198 0 Los Gatos, Californi a Mrs . Gualtieri moved Council oppose AB1323 (Nolan) re change o f procedures for issuing concealed firearm licenses . Mrs . Canno n seconded . Unanimously carried . Mr . Ferrito moved Council support AB1310 . Mr . Siemens seconded . Motion failed .Mrs .Cannon and Mir . Lochner voting no . Mrs . Gualtieri abstained . Mrs . Cannon moved Council oppose AB2763 (Waters). Mr . Lochne r seconded . Carried by vote of four ayes . Mr .Ferrito voting no . Mrs . Cannon moved Council accept staff recommendations as follows : 1.Direct Mr . Stoddard, at his expense, to provide a preliminar y title report coveri ng all of the property, described in the agree - ment . 2.Set a public hearing for April 21, 1980 to consider modifi - cation to the agreement, and notify all owners of any interest i n the land of the hearing . 3.Request Mr . Stoddard to pay a $100 .00 processing fee towar d the cost of the hearing . Mrs, Gualtieri seconded . Unanimousl y carried . Mrs . Gualtieri moved Council accept staff report on special polic e enforcement activities . Mrs . Cannon seconded . Unanimously carried . Mr . Avery, Town Manager stated this request for traffic enforcemen t had been withdrawn . Mrs, Gualtieri moved reading be waived for ORDINANCE OF THE TOWN O F LOS GATOS REGULATING SMOKING . Mr .Ferrito seconded . Unanimousl y carried . Mrs . Gualtieri moved ordinance be introduced . Mrs . Canno n seconded . Unanimously carried . Mr . Ferrito stated he had received a questionnaire re court consol - idation and felt each Councilmember should fill out questionnair e and send it in . Mayor declared the meeting adjourned at 1 :45 a .m ., Tuesday, arc h 18, 1980 . ATTEST : Rose E .Aldag Town Clerk