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M 01-21-1980270 January 21, 198 0 Los Gatos . Californi a T07N COUNCIL The Town Council of the To7z of Los Gatos net in the Counci l Chambers of the Town Hall at 7-30 p.m.,in re gular session . ROLL CALL PRESENT Ruth Cannon, Thomas J . Ferrito, -ardi Gualtieri, Pete r W . Siemens and : ayor John Lochner . ABSENT . None PLEDGE O F ALLEGI :`'ICE Given by all in attendance . RESOLUTION OF Mayor Lochner presented Resolution No, 1980-7, '_ RESOLUTION O F COT, EENDA.TION COh IENDATIO'I to Joe Spiteri for his 14 years service to the To n and its citizens, in carrying out his responsibilities as Fain t . Supervisor for the Public ° orks Department . DONATION FOR Mr . Dale Schu, representing 'estern Federal Savings and Loan , NEIGHBORHOOD presented Jill Cody, Director of Community Programs :. a check i n CENTER the amount of $2,429,00 which was collected through the promotio n FURNISHINGS of the Great Race held January 6 1980 . This money is to be use d in the furnishing of the Dornto ;-rn Neighborhood Center . MINUTES Town Clerk referred to error on page 4 : Subject - SUPPLD'1 1-:TTAL APPROPRIATION should read, Ferrito moved Council acce pt staff recommendation and approve supplemental appropriation o f $7,650 to contractural services account (512) of the Communit y Programs budget . (This appropriation is for the landbanking / housing development project recently approved by Council, and wil l be paid for with HCD1`~ Funds . $1,600 of the appropriation is fo r survey work required at the two sites (with authorization t o retain an engineering firm to perform this work) and $2,000 o f the appropriation is to fund the cost of the contract between th e Town and County Transportation agency for acquisition :services , $4,050 is for the cost of the approvals required prior t o acquisition .Siemens seconded . Unanimously carried . Mrs . Gualtieri moved minutes be approved as amended . 'Trs . Canno n seconded . Unanimously carried , COMMUNICATIONS 1 . Letter from Steve Zientek, Attorney for Mr . P: vrs ..,St_an?er , requesting item VII-:t3 APpeal from denial of conditional us e permit application U-78-23 to allow a day care center to operat e on property located at 14871 Blossom Hill Road be referred t o Planning staff or continued . Mayor stated this will be determine d at the regular scheduled time on the agenda . 2.Letter from Carolyn D . Smith, 130 Town Terrace, Apt . 7, opposing rent control . (Later agenda item). 3.Letter from Justin Fash, 801 Lilac Way, opposing rent control . (Later agenda item). 4.Notice of application of Airport Limousine Service of Sunn y vale before the Public Utilities Commission for authority t o operate as an 'on-call passenger stage between Santa Clara & Sa n Mateo Counties and the San Francisco Airport . 5.Letter from Councilman Ken Dyda from Rancho Palos Verdes , requesting support of an effort to get the state to redistribut e an additional 1 ._of the 6r sales tax to the cities . They as k that this be done by an advisory proposition in each citie s forthcoming municipal election . No action taken . 6.Letter from Gary C . Smith, Attorney re claim for damages an d application to present late claim on behalf of Judy Ann Harvey . Mrs . Gualtieri moved claim be denied on grounds it was not timel y filed .Yrs .Cannon seconded Unanimously carried . 7.Request from Yellow Cab Co . and Alpha Cab Co ., for increas e of rates . Clerk stated this requires a public hearing and tha t hearing has been set for February 19, 1980 . 27 1 January 21 l M i Los Gatos, Californi a COWNU.NICATIONS C Letter from Barbara Rogers ;Councilooman from City of Cupertin o (CO% TI dULD)re Los Gatos Plannin Commission apnrovinc,• an application t o build on land located in the Route 5 riLr bt of-way .ayor state d this matter has been appealed and is scheduled for hearing o n February 4, 1960 . 9 . Revenue and expenditure reports for the month of Dece_riber,1979 ; from the Office of To-van Clerk . DONATION FOR :Mayor Lochner announced he had just received a check in the amoun t DOg TO`i'N CENTER of '35 .00 from I irs . Francis Martin ho is present in the audienc e FURNISHINGS tonight and this is to be used for the furnishin g of the Down - town dieghborhood Center . C :INO DEL SOL Mrs . Cannon moved for adoption of Resolution No . 1980--8 entitled , JO . 3 ANNEXATION 11 .RESOLUTION INITIATING PROCEEDINGS FOR THE VEXATION OF CERTAI N UNINHABITED TERRITORY DESIGNATED AS C 'i.I dO DEL . SOL NO . 3 . '"rs . Gualtieri .seconded . Unanimously carried . Mrs . Cannon moved for adoption of Resolution No . 1980- entitled , RESOLUTION AUTHORIZING RIGHT••OF .-NAY -1G=ENT 'DR . AND :IRS . ANGELL and Mayor be authorized to sign on behalf of the Town . rs .Gualtieri seconded . Unanimously carried . Mrs . Cannon moved Certificate of Acceptance and Notice of. Completio n be approved for Robert H .:(1uc? ell residence at 211 ,.;esthill Drive . Mrs . Gualtieri seconded .. Unanimously carried . Mrs . Cannon moved for adoption of Resolution No . 1980--10 entitle d ; RESOLUTION AUTHORIZING AG1 E J'TENT NET, EE N TIE CITIES OF SANTA CLARA ., SUNNYVALE, PALO ALTO,. S :.R TOGf , CUPERTINO, LOS GATOS, AND MRGA N HILL R',LATING TO THE RESURFACING OF PUBLIC STREET and Mayor b e authorized to execute said agreement . Mrs . Gualtieri seconded . Unanimously carried . Mrs . Cannon moved for adoption of Resolution No . 1980•-11 entitled , A RESOLUTION EXTENDING SENIOR CITIZEN TRANSPORTATION AGRUHLN T (With Alpha Cab Co .). Mrs . Gualtieri seconded . Unanimously carried . Mrs.. Cannon moved for adoption of Resolution No . 1980-12 entitled , A RESOLUTION XTL'riDING ,SE g IOR CITIZEN TRANSPORTATION AGPE&‘;:EHT (with Yellow Cab Co .). Mrs . Gualtieri seconded . Unanimousl y carried . PURCH`SING Withdrawn from the agenda . MANUA L RENT CONTROL Mayor Lochner stated this was the time and place duly publishe d for public hearing of the Rent Control EIR . Attorney spoke o n rent control ordinance as proposed by the committee the Counci l appointed . Charlotte Flynn of Larry Seemans Associates, spok e on the E .I .R . There were questions as to why the new rent contro l ordinance now included all rental units . Committee members state d they thought it should include all rentals and not just limited t o apartments . Mayor stated the public hearing was open for anyon e wishing to speak on the rent control matter . Gordon Martin , member of the rent control committee, spoke on results of surve y made by himself and San . Jose State College students . This surve y showed rent increases in comparison with CPI, cost of maintenanc e and taxes, and Mr . Martin urged Council to enact the propose d ordinance . Dave .orrison, owner of several small apartment buildings , spoke in opposition of rent control and possibility of usin g abandoned schools for low cost rental housing with federal funding . 7r . Morrison feels rent control not justified•and will not solv e the apartment shortage . Arnold Joyal, stated he feels propose d ordinance not solution to . the problem, and presented a petitio n ShADY LAN E RIGHT-OF '.: n.Y AGIEE‘TENT DR . LAG-EL L NOTICE O F COMPLETION -- HUCKEL L STREET RESURFACIN G PROJECT 23 9 JOINT POWER S AGREEMEN T EXTENSION OF SE11IOR CITIZ N TRANSPORTATIO N . AGREE:1N T (Taxi service) -2 -- 27 2 January 21,198 0 Los Gatos, Californi a RENT CONTROL signed by 20 property owners agreeing to support the conc ept o f (CONTINUED)developing a meaningful mediation process for resolving conflict s between tenants and property owners . The process should conside r cases on an individual basis . Toth tenants and owners should b e represented and the existing County Iviediation 2oard process coul d better he strengthened to better serve the needs of Los Gatos . Stan Vestee, stated mediation process can work . Other speakin g on the rent control matter were Jerry Kennedy, Barbara Crafford , Yas Kato, Monica Butler, John Lincoln, Richard Ess, Randy Grimes , Robert Rice, ~A s.. Kellar and Lee Chase . Dave Burns, representativ e of Western Banyan, stated they were willing to not raise rent s for 10 to 12 months and presented letter to Council on his proposal . There being no one else wishing to speak on this matter, Mr . Ferrit o moved hearing be closed . Mr . Siemens seconded . Unanimously carried . After further discussion, Mrs . Cannon moved ordinanc e be shelved for one year then review it and see how the voluntar y system is working .lrs .Gualtieri moved motion be amended to b e reviewed and reevaluated in six'months .Mrs .Cannon accepte d amendt nt .a ss .Gualtieri- seconded . notion carried by four aye . :r .Ferrito votill_'no . RECESS Mayor declared a recess . Meeting reconvened at 11 :58 P .M . APPEAL FOR Mayor Lochner stated this was the time and place duly publishe d NURSERY SCHOOL to consider Planning Commission's denial of use permit for nurser y 14751 BLOSSOM school at 14781 blossom Hill Road . Steve Zientek, attorney fo r HILL ROAD the a pplicant stated he would like to request this to be continue d or allow them to withdraw their appeal . Then they could star t over at the Development Review Commission process, resubmi t pr op osals and pay the necessary fees . There being no one els e wishing to speak on this matter, Mr . Ferrito moved hearing b e closed . Mrs . Cannon seconded . Unanimously carried . It wa s consensus of Council this appeal be withdrawn . ZONE CIANGE Mayor Lochner stated this was the time and place duly publishe d 750-770 POLLARD for public hearing to consider Planning Commission's recommendatio n ROAD of zone change from R•-l â 5, O00 to Rh 5--12, for property,.loeate d at 750 and 770 Pollard Road . There being no, one in the audienc e wishing to speak on this matter,Mrs .Cannon moved hearing be closed . Mrs . Gualtieri seconded . Unanimously carried . firs . Gualtieri moved Council grant negative declaration . Mrs . Cannon seconded . Unanimously carried .;Mrs . Gualtieri moved reading b e waived for JU ORDINANCE OF TIE TOWN OF LOS GATOS "'VENDING THE ZONING ORDINANCE EFFECTING ZONE CHANGE NO .FROM R-1 ;8,000 TO Rts'5-12 . Mr . Ferrito seconded . Unanimousl y 'Oarried . Town Clerk read title . Dirs . Cannon moved Ordinance be introduced . Mrs . Gualtieri seconded . Motion carried by vote of three ayes . 1r . Ferrito and F tr . Siemens voting no . CANCELLATION OF Ia,or Lochner stated this was the time and place duly publishe d L_IND to consider the request for cancellation of a land conservatio n CONSERV!?TION contract . Mr . Boman stated this property has never been use d CONTRACT for agricultural purposes and the owner is requesting cancellatio n (GARCIA)of said land conservation contract and removal of the propert y from the agricultural preserve .;Jos: the Council must make finding s that cancellation is not inconsistent with purposes of th e ::'illiamson Act and the cancellation is in the public interest and Council must determine what cancellation fees will be - in thi s case it would be $26,000 . After further discussion, Pi's . Canno n moved hearing be closed .ir .Ferrito seconded . Unanimousl y carried .PIT .Cannon moved for adoption of Resolution No . 1980-1 3 entitled, RESOLUTION OF THE TO rN COUNCIL OF THE TONII OF LOS GATOS CONCERNING CANCELLATION OF LAND CONSERVATION CONTRACT NO . 73 .91 7 (Garcia) setting the cancellation fee in the amount of $26,00 0 with no deferred taxes which the landowner must pay the Count y Treasurer as deferred taxes upon cancellation . Mrs . Gualtier i seconded . Unanimously carried . 3- 27 3 January 21, 198 0 Los Gatos, Californi a UNDERGROUND Aayor Lochner stated this was the time and place duly publishe d UTILITY DISTRICT for public hearing for the consideration of forming undergroun d 1979>-1 PROJECT utility district in the Civic Center area .`arnick, state d 236-UU the project is estimated to cost approximately $175,000 and al l affected property owners have been notified of the propose d district . Jo :nn Pfaff, 17 Fiesta s.y,spoke on the project . Ther e being no one else wishing to speak on this matter, Mrs . Gualtier i moved hearing be closed . Mir . Ferrito seconded . Unanimousl y carried ..'irs . Cannon moved reading be waived for AN ORDINANCE O F TEE TOWN OF LOS GATOS EST L3LISHING UNDERGROUND UTILITY DISTRIC T NO . 1979 .1, PROJECT NO . 236-UU, IN THE CIVIC CENTER AREA Mr . Ferrito seconded . Unanimously carried . Clerk read title .Mrs . Cannon moved ordinance be introduced . Mr . Siemens seconded . Unanimously carried . tiCOUNCIL AND Mrs .Gualtieri moved Council accept staff recommendation and appoin t COMMITTEES Melissa Kagle and Lorraine Hoge to the Park Commission as studen t representatives Council questioned as to whether Lorraine Hog e was a resident within the Tom limits . Motion amended to stat e app ointment of Lorraine Hoge be made subject to the student bein g local resident .Mrs .Cannon seconded . Unanimously carried . CRIME sATCl Mrs . Gualtieri referred to letter from John Vasconcellos urgin g Council to support California Crime Watch . (This is the Attorne y General's new plan to restore public safety in the 80's). Mrs . Gualtieri moved for adoption of Resolution No .1980-14 entitled , A PROPOSED RESOLUTION RELI1,TI VTE TO CALIFORNIA CRIJv WATCH . Mrs , Cannon seconded . Unanimously carried . AIR QUALITY Mayor Lochner referred to letter from ABAG re Air Qualtiy Pla n PLAN STATUS Status which urges Councils to pass resolutions asking the Legislature to authorize implementation of the motor vehicl e inspection program . Mr . Ferrito moved for adoption of Resolutio n No .1980-15 entitled, A RESOLUTIOd OF SUPPORT FOR A MOTOR VEHICL E INSPECTION/MAINTENANC ; PROGRAM . Mrs . Gualtieri seconded . Unanimously carried . COUNTY REFERRALS Mrs : Cannon moved Council approve staff recommendations as follows : 12377 .23 Bayview Drive Vaughn . Extension for subdiv . N o commen t 934-30-53•-79P Shannon Road Roberts Use permit for singl e family dwelling in -cs zone Applicant has filed annexatio n petitio n 663--31-51-79Z Los Gatos Hillsides County Rezone unincorp - orated hillside areas in accordance with Hillside Plan Plannin g to have map prepared showing the areas the Town considers critica l and shove map to Council before submission to the County . Mrs . Gualtieri seconded . Unanimously carried . SUBDIVISION :rs .Cannon moved for adoption of Ordinance No .1455 entitled , ORDINAiNICE ORDINANCE OF THE TNN OF LOS GATOS MENDING CHAPTER 27 ARTICLE V ANENDNENTS OF THE LOS GATOS TOWN CODE CONCERNING SUBDIVISION . Mr . Lochner seconded . Unanimously carried . LONG RANGE Mrs . Cannon moved Council accept staff recommendation and thi s PLANNING matter be continued to February 19,1980 .Ferrito seconded . Unanimously carried . KNOWLES DRIVE Mrs . Cannon moved Council accept staff recommendation and make th e ASSESSMENT Negative Declaration and direct . Clerk to sign the Notice o f DISTRICT Determination :M.Siemens seconded . Unanimously carried . Mrs . Cannon moved for adoption of Resolution No . 1980-16 entitled , RESOLUTION DETETiMaNING TO UNDERTAKE PROCEEDINGS PURSUANT TO TH E P 'NICIPAL IMPROVEMENT ACT OF 1913 AND ISSUE BONDS IN SAI D PROCEEDINGS UNDER THE PROVISIONS OF THE I ROVE_vtENT BOND ACT O F 1915 . Mr . Siemens seconded . Unanimously carried . Mrs . Canno n moved for adoption of Resolution No . 1980--1'7 entitled, RESOLUTIO N APPOINTING ENGINEER . Mr . Siemens seconded . Unanimously carried . Mrs .Cannon moved for adoption of Resolution No . 1980-18 entitled , 4 274 NNO=S DRIVE ASSESStiENT DISTRIC T (CONTINUED ) PENDING STAT E LEGISLATIO N PURCHASE O F PROPERTY ADJACENT T O CORPORATIO N YARD STATE 3UILDI 1G REQUIREMENTS -- .HANDICAPPED ACCES S LANDB A.NKING PROGRAM ADJOURN January 21, 198 0 Los Gatos, Californi a RESOLUTION APPROVING THE M,:;.P OF PROPOSED BOUNDARIES OF ASSESS : TEN T DISTRICT . Mr . Siemens seconded . Unanimously carried . Mrs . Cannon moved for adoption of Resolution No . 1980-19 entitled , RESOLUTION OF THE TO V TN COUNCIL OF THE TO'.J OF LOS GATOS APPROVIN G THE APPLICATION OF THE T07N OF LOS GATOS TO CONSTRUCT A N AT GRADE CROSSING ON KNOWLES DRIVE OVER SOUTHERN PACIFIC TRANSPOR-- TATION CWP A Vi DRILL TRACT . ht'. Siemens seconded . Unanimousl ycarried. Mr . Ferrito moved Council approve staff recommendation and suppor t SB 574 (Nejedly) a proposed bond issue which would provide gran t funds for both parklands and renewable resources programs . Th e Town would share in the funds provided by these grants . Mrs . Gualtieri seconded . Unanimously carried . Mr . Siemens moved Counci l approve staff recommendation and oppose SB-660 (Sieroty), Thi s bill gives the PERSBoard the discretion to take "excess" contingenc y reserve funds and provide lump sum cost-of-living increases t o retirees . Mrs . Cannon seconded . Carried by vote of four ayes . Mr . Ferrito voting no . Mrs . Gualtieri moved Council accept staff recommendation an d authorize Town Manager to offer to purchase the property fro m PG&E for the sum of ?30,000 and Council appropriate the money fro m the Town's Construction Tax Fund . Mrs . Cannon seconded . Unanimously carried . Mrs . Cannon moved Council accept staff report relating to acces s deficiencies of Gavilan Bank and Noodle Palace and staff contac t State Building Standards Commission, League of California Citie s and California Association of Building Officials to advise o f needs of local government as relating to implementation an d enforcement of State regulations . Mrs . Gualtieri seconded . Unanimously carried . Town Manager reported that F.;reviously Council had directed staf f to proceed with attempting to acquire the two sites identifie d for landbanking program . One was located on Los Gato .s._4Imaden Road and the other property on W . Parr Avenue . Now the owner o f the Los Gatos-Almaden property will not let an appraiser on th e property so, it is up to Council as to whether they wish to star t condemnation proceedings or go to an âlternate side . Discussion was held on the various alternate sites as proposed by HUD , although this list of sites is dated March, 1979 . Mr . Siemen s moved staff be authorized to start condemnation proceedings, an d hearing be set . Mr . Ferrito seconded . Motion failed by 3 to 2 vote . TArs . Cannon and Mrs . Gualtieri voting no . (A4/5 vote wa s required). Mrs . Cannon moved Council proceed with acquiring th e Parr Avenue and County site for this year . Mrs . Gualtieri seconded . Unanimously carried . Mrs . Gualtieri asked Council's permissio n to contact Mrs . Davis, owner of Los Gatos-Almaden site within th e next week . PErmission granted and Mrs .Gualtieri to report bac k to Council on February 4,1980 . Mayor Lochner declared the meeting adjourned at 1 :20 A .M ., Tuesday January 22,1980 . ATTEST : Rose E . Aldag Town Cler k - 5 --