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M 04-21-1980304 April 21, 198 0 Los Gatos, Californi a TOWN COUNCIL The Town Council of the Town of Los Gatos met in the Counci l Chambers of the Town Hall at 7 :35 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 . FUDGE OF ALLEGIANCE Given by all in attendance . MINUTES Mrs . Gualtieri referred to mispelled names referred to in the minutes and asked that they be corrected to read "Robert a Jamison, Chairperson of Awards ...", and "Philip Vlamis , 123 University Ave ". Mr . Ferrito moved for correctio n on subject - KAVANAUGH - appeal on his amendment to Mrs . Cannon motion to introduce the rezoning ordinance to read "Mr . Ferrit o stated he would like to amend the motion with additional cond - ition that the applicants agree to fund ...". Mrs . Canno n moved minutes of April 7th and 15th, 19$0 be approved as amended .Mrs . Gualtieri seconded . Unanimously carried . COMMENDATION Mayor Lochner presented Resolution of Commendation to Eugen eL. Raye for his service as project coordinator on the Downtow n Neighborhood Center project . Mrs . Gualtieri stated she would like to take this time to than k all the citizens, Council and staff for making this last fou r years so enjoyable . Mayor Lochner stated he would also like to thank everyone fo r making his two terms of office most enjoyable . OATHS OF OFFICE Mayor Lochner gave oath of office to Town Clerk .Town Cler k then gave oaths of office to Marilyn J . Rasmussen, C'o .cil° member ; Brent N . Ventura, Council member ; and James A .Stoops,Town Treasurer . NOMINATIONS Nominations were opened for Mayor . Mr . Siemens moved Thoma sFOR MAYOR J . Ferrito be nominated for Mayor . Mr . Ventura seconded . Unanimously carried . Mr . Siemens moved nominations be closed . Mrs . Cannon seconded . Unanimously carried . Mr . Ferrito electe d Mayor . NOMINATIONS Mayor Ferrito opened nominations for Vice-Mayor . Mr . Ventur a FOR VICEMAYOR moved Mr . Siemens be nominated for Vice Mayor . Mrs . Rasmusse n seconded . Unanimously carried . Mr . Ventura moved nomination s be closed . Mrs . Cannon seconded . Unanimously carried . 'Mr . Siemens elected Vice-Mayor . WRITTEN 1 . Claim for damages filed by Attorney Kermit K . Purcell, o nCOMMUNICATIONSbehalf of Robert-Joseph Hayde, Jr . Mrs . Cannon moved Counci l instruct Attorney Hill to give claimant notice of th e insufficiency of the claim in the manner prescribed i n Government Code sections 910 .$and 915 .4 stating that th e claim is defective for failure to state any fact about th e claim of false imprisonment and abuse of process, an d specifically, failure to state what the period of detentio n was and where the claimant was detained, and failure to stat e the amount of special damages . Mr . Siemens seconded . Unanimously carried . 2.Letter from Ted Petersen, resigning from the Cultura l Resources Commission . (Hold to later agenda item XIA )3.Letter from Monna Fisher, 420 Alberto Way, Apt .4, asking when the speed limits signs that were authorized a yea r ago, would be installed . Report from staff stated thi s has been done . Staff to send letter to Mrs . Fisher informing her of installation . 4.Letter from O .J . Shulte, 104 Los Patios, questioning a current request for rezoning of the "Anderson property : at the southeast corner of Quito and Pollard Roads . Stating - 1 - WRITTE N COMMUNICATION S (CONTINUED ) VERBAL COMMUNICATION S RECONVEYANC E OF DEED OF TRUST (TAYLOR ) BROADWA Y EXTENSION SLID E REPAI R NOTICES O F COMPLETION 30 5 April 21, 198 0 Los Gatos, Californi a the members of the Rinconada Hills Assoc . were not informe d of the action nor given the opportunity to discuss o r express their views on this matter . Planning Director, Le e Bowman stated this is scheduled for public hearing at meetin g of April 23rd .Mr .Bowman to inform Mr . Schulte of th e hearing . 5.Letter from Dr . Lawrence A . R . Ross, of L & R Rentals , owner of apartment units at 215 Avery Lane, regarding a renters complaint on rent increase . It is consensus o f Council that all rent complaints be referred to Communit y Service and Development Commission .. So ordered . 6.Letter from Los Gatos Athletic Association, requestin g permission of the Town Council to hold the annual Dammi t Run on Saturday, August 23rd, 1980 . Mrs . Cannon move d Council grant permission . Mr . Siemens seconded . Unanimousl y carried . 7.Letter from Marge Williams, President of Ming Quong Children's Center, requesting that the fees for use of the Los Gato s Neighborhood Center be waived for the Ming Quong Strawberr y Festival, the weekend of June 7th and 8th, 1980 . Thi s event will be a fund raising activity of a charitable natur e to be used for the benefit of the Ming Quong Children's Center . Mr . Siemens moved fees be waived as it is fo r charitable organization and will be using the center a shor t time . Mrs . Cannon seconded . Unanimously carried . 8.Letter from Robert Cowan, 222 Tait Avenue, expressin g concerns regarding proposed building and operational modifi - cations to the proposed Irish Pub at 208 Bachman Avenue . Referred to staff for written response and report as t o number of seating on premises . 9.Revenue and Expenditure reports for the month Of March ; 1980 , from the office of Town Clerk . 10.Treasurer's monthly report for March, 1980 . Philip Vlamis, 123 University Avenue, spoke on the formation o f parking assessment district on the SPRR between Elm and Gray s Lane . and requested Council to instruct Parking Advisory Commis - sion to proceed with said possibility . Jo Bartlett, Oak Hill Way, asked'Council's support of "No"on Proposition 10 . Brent Ventura moved Council agendize discussion on Proposition 9 and 10 for meeting of May 5th, 1980 . Mr . Siemens seconded . Unanimously carried . Mayor Ferrito requeste d staff to supply Council with background information on sai d proposition . Rich Chappell, representing Chamber of Commerce, spoke o n cruising problem plus other problems in downtown area . Mayo r Ferrito suggested a study session be scheduled for May 12th, t o discuss Police enforcement in downtown area . Mr . Siemens move d study session be scheduled . Mrs . Rasmussen seconded . Unanimousl y carried . Mayor Ferrito stated he would like as much input a s possible on'any complaints or possible solutions to thes e problems before the meeting . Mr . Siemens moved for adoption of Resolution No . 1980-44 entitled , RESOLUTION OF THE TOWN COUNCIL AUTHORIZING THE MAYOR TO SIGN A REQUEST FOR RECONVEYANCE OF A DEED OF TRUST . Mrs .Cannon seconde d Unanimously carried . Mr . Siemens moved for approval of supplemental appropriation o f an additional $5,000 .00 from the General Fund to provide sufficien t funds for the project . Mrs . Cannon seconded . Unanimously carried . Mr . Siemens moved Notices of Completion and Certificate o f Acceptance be approved as follows : 1.Street Light Conversion Project 227-SO S 2.Dwontown Neighborhood Cente r a .. Contract #13, Ernest L . Beaudikofer,Inc . b . Keystone Co ., (Food Service Equipment) 306 NOTICES O F COMPLETIO N (CONTINUED ) RESOLUTION O F APPRECIATION BICYCLE LANE S SARATOGA AVE . TRAFFI C COMPLAINT MAI N & JACKSON & PLEASAN T REZONING 76 1 POLLARD ROAD - FRANK COUNCIL AN D COMMITTE E REPORT S STODDARD AGREEMENT April 21, 198 0 Los Gatos, Californi a and authorize Mayor to execute Notices of Completion for thes e projects . Mrs . Cannon seconded . Unanimously carried . Mr . Siemens moved for adoption of Resolution No . 1980-45 entitled , A RESOLUTION COMMENDING MARDI GUALTIERI . Mrs . Cannon seconded . Unanimously carried . Mr . Siemens moved for adoption of Resolution No . 1980-4 6 entitled, A RESOLUTION COMMENDING JOHN B . LOCHNER . Mrs . Cannon seconded . Unanimously carried . Mr . Siemens moved this matter be referred back to staff wit h request they contact Cal Trans with the possible extension o f work to include proper pedestrian access and possible bicycl e striping across Highway 17 on Highway 9 . Mr . Ventura seconded . Unanimously carried . Mr . Siemens moved to accept staff recommendation and staff t o thank Mr . Dryg for his interest, but respectfully decline t o modify the intersection for the reasons given by Mr . Dryg . Mr . Ventura seconded . Unanimously carried . Mayor Ferrito stated this was the time and place duly publishe d for public hearing to consider zone change from R-1 :8,000 t o RM :5-12 for property located at 761 Pollard Road . Philip Vlamis , 123 University Avenue, stated he owned property in the area an d was in favor of the rezoning . There being no one else in th e audience wishing to speak on this matter, Mrs . Cannon move d hearing be closed . Mr . Ventura seconded . Unanimously carried . Mrs . Cannon moved reading be waived for AN ORDINANCE OF TH E TOWN OF LOS GATOS AMENDING THE ZONING ORDINANCE EFFECTING ZON E CHANGE NO .FROM R-1 :8,000 TO RM :5-12 . Mr . Siemens seconded . Unanimously, carried . Clerk .read title . Mrs . Cannon°move d Council make Negative Declaration . Mr . Ventura seconded . Unanimously carried . Mrs . Cannon moved Ordinance b :e_.troduced . Mrs .Rasmussen seconded . Motion fails on roll call-vote o f aye s ,: Ruth Cannon and MarLyn J . Rasmussen . Noes : ,Peter W . Siemens, Brent N . Ventura and Mayor Thomas J . Ferrito . Mr . Siemens moved Mr . Ted Petersen's resignation be accepte d with regret and Resolution of Appreciation be prepared . Mrs . Cannon seconded . Unanimously carried . It was consensus o f Council that article be placed in the newspaper announcing th e vacancy on the Cultural Resources Commission and on the Plannin g Commission . Town Clerk to accept applications for these vacanc y until May 8th at 5 :00 p .m . Interviews will be held on May 12th , at 7 :00 p .m . Mr . Siemens requested from Town Manager to have packets fo r Council members on Wednesday preceding the Council meeting o n a Monday . All reports to be in to Clerk's Office by Wednesda y noon . So ordered . Jill Cody report on the taxi service and requested Counci l consideration to extending taxi cab service for another 90 days . Mrs . Cannon moved request be . granted . Mr . Siemens seconded . Unanimously carried . Mayor Ferrito stated he had received notice from the Santa Clar a County Intergovernmental Council regarding nominations t o different committees and asked for Council recommendations . Mrs . Cannon moved Council accept staff recommendation and approv e modifications and adopt Resolution No . 1980-47 entitled,_ RESOLUTION AUTHORIZING SUPPLEMENT AGREEMENT WITH GEORGE A . STODDARD . Direct Mayor to sign the agreement on behalf of the - Town and direct the Town Clerk to record agreement in the Offic e of the County Recorder . Mr . Ventura seconded . Unanimousl y carried . 3 April 21, 198 0 Los Gatos, California 30 7 Mr . Warnick reported on traffic volume in the area . Mr . Ego n Jensen, 182 Lester Lane, spoke on traffic and requested post - ponement to May 19th, as people in the . area are intereste d and have been circulating a petition to present to Council . Matter continued to May 19th, 1980 as requested . VILLA HERMOSA Mr . Warnick explained cost price for Town shares and propert y PROJECT owner's share . It was consensus of Council these figures b e forwarded to Chamber of Commerce so petitions can be circulate d for signatures by property owners . Mrs . Cannon moved Counci l approve staff recommendation and approve the project in concept . Mr . Ventura seconded . Carried by roll call vote of Ayes : Ruth Cannon, MarLyn J . Rasmussen, Peter W . Siemens, Brent N . Ventura and Thomas J . Ferrito . Noes : None . Rich Chappell , representative for Chamber of Commerce stated the Chambe r endorses Public Works proposal . LAUREL AVENUE Mrs . Cannon moved the Council set a fee of $100 .00 to help pa y STREET for the cost of the proceedings of requested abandonment, an d VACATION adopt Resolution No . 1980-48 entitled, RESOLUTION OF INTENTIO N TO VACATE A PORTION OF LAUREL AVENUE (setting public hearin g for May 19,1980). Mrs . Rasmussen seconded . Unanimously carried . INDUSTRY / HOUSING It was consensus of Council this will be continued an d MANAGEMENT discussed at the meeting of April 28, 1980 . TASK FORC E COUNTY Mr . Siemens moved Council accept staff recommendations as ~ REFERRALS follows : 12877 .18 Soda Springs Rd .Barrick Time extensio n for 2-lot subdiv .No comment . 12877 .24 Soda Springs Rd .Black Time extension for 2-lot subdiv . Deny based on Town s previous position (reques t County to deny). 1213 66 .5 and 12P72 .7 Loma Prieta Mountain Televisio n Communications, Inc .Modification of use permit fo r television Planning Commission 4/17/80 . Mrs . Cannon seconded . Unanimously carried . POLLARD ROAD Mrs . Cannon moved Council adopt Ordinance No . 1465 entitled , PLAN LINE AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING ORDINANCE NO . 526, AS AMENDED, AMENDING THE OFFICIAL PLAN LINE FOR POLLAR D ROAD . Mr . Siemens seconded . Carried by vote of three ayes . Mrs .Rasmussen and Mr . Ventura abstained . REZONING Mr . Siemens moved Council adopt Ordinance No . 1466 entitled , BERRY SCHOOL AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONIN G ORDINANCE EFFECTING ZONE CHANGE NO . 39 FROM R-1 :8,000 T O R-1 :8,000-PS . Mrs . Cannon seconded . Carried by vote of thre e ayes .Mrs .Rasmussen and Mr . Ventura abstained . REZONING 15651 Mrs . Cannon moved Council adopt Ordinance No . 1467 entitled , KENNEDY ROAD AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONIN G (SCRICH)ORDINANCE EFFECTING ZONE CHANGE NO . 40 FROM HR-l TO HR-22 . Mr . Siemens seconded . Carried by vote of three ayes . Mrs . Rasmussen and Mr . Ventura abstained . PARKING ADVISORY Mr . Andre Libante, Chairman of the Parking Advisory Commission , COMMISSION stated he was asked if there would be possible changes of polic y by the newly-elected Council,or if they wish the Parking Advisory Commission to continue pursuing the direction stated in th e Resolution No . 1979-142 . After further discussion it wa s consensus of Council that the Commission should continue a s before with some suggested changes to the priority list . Mr , Philip Vlamis asked that transcript be made on comments o f tonights meeting for Parking Advisory Commission . So ordered . CAMINO DEL SO L TRAFFIC REPORT -4 - 308 April 21,198 0 Los Gatos, Californi a RECESS Mayor Ferrito declared a recess .Meeting reconvened at 9 :50 p .m . LIQUIDATED Mr . Warnick stated his recommendation is 38 working days i n DAMAGES PROJECT excess of the contract and subject to liquidated damages o f 227-SOS $50 .00 per day for a total of $1,900 .00 but now a letter has been received from C .V .E . Company requesting more time b e given them so they could provide justification for the over - run of this project . Mrs . Cannon moved request be granted an d this be reagendized at a later date and the $1,900 .00 be hel d as recommended by staff . Mr . Siemens seconded . Unanimousl y carried . PLANS AND Mrs . Cannon moved for adoption of Resolution No . 1980-4 9SPECIFICATIONSentitled, RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LO S PROJECT 238-RS GATOS APPROVING PLANS AND SPECIFICATIONS FOR PROJECT NO . 238-RS , STREET LIGHT CONVERSION, PHASE 2 . (Call for bids set for May 14,1980, at 3 :00 p .m .). Mr . Siemens seconded . Unanimousl ycarried. DOWNTOWN Discussion was held on report from staff on possible assessmen t NEIGHBORHOOD of liquidated damages for various Downtown Neighborhoo d CENTER Center contracts . Mr . Lowell Anderson spoke to Council statin gLIQUIDATEDhe believes there is error in report . Mayor Ferrito suggeste dDAMAGESeach company set up schedule documenting each working day an d present this to staff for their consideration . Mrs . Cannon moved Council accept staff recommendation and authorize th e following : Mr . Beaudikofer - authorize payment of the 10% retentio n less $3,700 (to cover possible liquidated damages). O .E . Anderson &Son,Inc . - authorize payment of ":the 10% retention less $14,600 (to cover possible liquidateddamages). Environmental Systems, Inc . - authorize payment of the 10 % retention less $7,200 (to cover possible liquidated ,drnages). Council waived any liquidated damages in the case o f Acropolis Painting and Decorating . Postpone further action until additional information concernin g delays in completion of the work is presented and considere dby staff . Mrs . Rasmussen seconded . Unanimously carried . LANDBANKING As requested this will be discussed at continued regula r PROGRAM meeting of April 28, 1980 . PENDING STATE Mrs . Cannon moved Council accept staff recommendation an d T,FGISLATION Oppose SB-1842 (Greene); Support SB-1602 (Nejedly) and SB-175 3(Craven). Mr . Siemens seconded . Unanimously carried . Mr . Siemens moved Council Oppose AB-3252 (Papan). Mrs . Cannon seconded . Unanimously carried . TELEPROMPTER Mrs . Cannon moved Council adopt Ordinance No . 1468 entitled , RATE INCREASE ORDINANCE OF THE TOWN OF LOS GATOS GRANTING A FRANCHISE T O TELEPROMPTER, A CORPORATION, TO OPERATE A CABLE ANTENN A TET,FVISION SYSTEM IN THE TOWN . Mr . Siemens seconded . Carrie d by vote of three ayes . Mrs . Rasmussen and Mr . Ventura abstained . HARWOOD ROAD Mr .Siemens moved to request a report back from staff on wha t methods can be used to make Harwood Road a double cul-de-sa c with no through connections . Mr . Ventura seconded . Mr . Aver y explained it is blacktopped for the use of emergency vehicles . Unanimously carried . HILLSIDE Mayor Ferrito stated he would like to appoint Mr . Siemens an dDENSITYMrs. Cannon to couuuittee to review the issue of hillsid e densities in light of Traffic Study recommendation . EXECUTIVE Meeting adjourned to executive session to discuss litigatio nSESSIONat 10 :20 p .m . meeting reconvened at 10 :50 p .m . ADJOURN--Mayor declared meeting adjourned at 11 :05 p .m-._.-to 7:30 p .m ., on April 2'8th, 1980 .. April 21, 198 0 Los Gatos, California 30 9 Town Attorney referred to letter received from A . Lee Sanders , Attorney for The Save Downtown Los Gatos Committee an d individual plantiffs in lawsuit that involves the Toll Hous e Hotel . Mr . Siemens moved Council instruct Attorney Hill t o communicate with Mr . Sanders and get him to confirm tha t he intends to waive all money claims . When Mr . Sanders doe s éonfil'iii this, Mr Hill is to notify the Court Of Appéals: that ::: the Town is not going to file a respondence brief in th e present litigation, because the opposing party has waived it s claim for money against the Town . Mr . Ventura seconded . Unanimously carried .