Loading...
M 07-20-1981July 20, 198 1 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 :40 p .m ., in regular session . ROLL CALL PRESENT : Thomas J . Ferrito, Marlyn J . Rasmussen, Brent N . Ventura and Mayor Peter W . Siemens . ABSENT : Ruth Cannon . PLEDGE O F ALLEGIANCE Given by all in attendance . PRESENTATION Jim Morely,,President of the Board of Directors of the Min gSTRAWBERRY- Quong Children's Center, presented Mayor Siemens with th eFESTIVALDonaldina Cameron Award for all the help from Council Member s and Town Staff in making the Strawberry Festival a grea t success . HCD PROGRAM Supervisor Susanne Wilson made a presentation to the Counci l on the Housing and Community Development three year plan an d furnished the Council with a summary of the HCD sub-committee's recommendations . Discussion was held on the guarantee of: funds for various cities . MINUTES Mr . Ventura requested correction of the July 13,1981 minutes , as follows : Page 1, subject - PRIVATE SECTOR ALTERNATIVES ,No . 6 of the basic requirements for the RFP to read, "Passiv e solar be included and active solar is desired". Mrs . Rasmusse n moved minutes of July 6th and July 13 th, 1981 minutes b e approved as corrected . Mr . Ferrito seconded . Unanimousl y carried . WRITTEN 1 . Town Manager referred to petition signed by 9 resident sCOMMUNICATIONSin the Placer Oaks Road area, registering a complaint r e the mechanics at Paul Swanson Ford using Placer Oaks Roa d as a speedway for test driving the cars they have repaired . The Town Manager stated the Police have investigated an d no violations have been observed at this time but, periodi c monitoring will be made . Mrs . Rasmussen moved Counci l accept staff report and request report back at a late r date . Motion died for lack of second . Mr . Ferrito move d staff come back with a more complete recommendation a t the next meeting and also residents in the area receiv e a copy of the staff report . Mr . Ventura seconded . Unanimously carried . 2.Request from the Police Officer's Association, t o reschedule their "Fun Run", from August 15th to August 29th , 1981 . Mr . Ventura moved request be granted . Mr . Ferrit o seconded . Unanimously carried . 3.Letter from Mary Hathcoat . President of the Los Gato s Meadows Residents Association, expressing their concern s regarding groups of undesirables smoking and drinking an d hanging out at the top of Wood Road and requests the Polic e to investigate . The Manager referred to report from th e Police Department . After further discussion, Mr . Ferrit o moved for a copy of the staff report be sent to th e Association and neighbors . The Police to continue t o follow up on the complaint and report back to Council i n four months . Mr . Ventura seconded . Unanimously carried . 4.Letter from Alice Blice,484 Woodland Avenue, with cop y of complaints and problems of the home owner's of the Lo s Gatos Mobile Home Park, re possible violation of healt h and safety code . The Manager stated the staff had been investigating the problem of illegal grading in the Lo s Gatos creek and a stop order has been given . The complaint as to tree removal is being looked into . After further discussion on the various complaints, Mr . Ventura move d this be referred to staff and report back to Council i n 30 days . Mr . Ferrito seconded . Unanimously carried . 2.7 July 20,198 1 Los Gatos, Californi a WRITTEN 5 .Letter from Barbara Winckler, Mayor of Monte Sereno , COMMUNICATIONS voicing Monte Sereno's opposition to rezoning (to anythin g (CONTINUED) less than acre zoning), on the .Bandov and Collishaw/Hum e subdivisions on Oak Knoll Drive . Matter referred to th e Planning Commission . 6.Notice from Pacific Gas and Electric Company of applicatio n filed with the Public Utilities Commission requestin g authority to increase its electric and gas rates effectiv e January 1,1982 .Mr . Ventura moved staff advise thePU C of Council's opposition to the PG & E rate increas e applications . Mr . Ferrito seconded . Unanimously carried . 7.Letter from United Food 8c Commercial Worker's Union Loca l 428,representing employees of a number of Los Gato s Businesses, stating they wish to go on record in oppositio n to the granting of a permit to Warehouse Liquors to d o business in Los Gatos . Relates to agenda item V-D . 8.Revenue and Expenditure report for the month of June,1981 , from the Office of Town Clerk . 9.Mr . Ferrito referred to Council information letter receive d from Aztlan Folklorico of San Jose, re Malathion sprayin g and asked that staff send them a copy of Mr . Hay's repor t on the Medfly . Mrs . Rasmussen seconded . Unanimousl y carried . NINO PARKING Town Manager referred to request for removal of parkin g PROHIBITION prohibition on the north side of Nino Avenue . John Dahl,31 2 Nino Way, presented a petition signed by 32 residents in th e area who are opposed to any change in the parking status an d stated there has been no enforcement of parking violators . After further discussion, Mr . Ferrito moved the request . t o remove the no parking on the north side of Nino Avenue b e denied and Police be instructed to enforce parking violations . Mrs . Rasmussen seconded . Unanimously carried . Mrs . Scot t inquired as to the replacement of signs which have been knocke d down . It was stated the Director of Public Works would tak e care of the replacing of signs . APPEAL - BACCI Mayor Siemens stated this was the time and place duly note d SPINAZZE CONDO'S for the continuance of public hearing on the appeal of Plan - 758,766 & 768 ning Commission's denial of application to allow constructio n POLLARD ROAD of 15 unit residential condominium at 758, 766 and 768 Pollar d Road . Norman Matteoni, Attorney representing the appellant , spoke in favor of the appeal presenting photographs of existin g buildings on the property at the present time and then spok e on the proposed condominiums to be built and referred to th e drawings . Discussion was held on the matter of how far th e buildings extended into the Route 85 Corridor . Jo Bartlett , from audience, questioned the footage of the proposed condo's and spoke on needs of moderate and affordable housing fo r people who work in the Town . She questioned the possibilit y of the developer redesigning the condos and build smalle r units and furnishing four BMP units as compared to 2 BMP units . After further discussion, Norman Matteoni, asked for reversa l of the Planning Commission's decision . There being no on e else wishing to speak on this issue, Mrs . Rasmussen move d hearing be closed . Mr . Ferrito seconded . Unanimously carried . a4x.-g 2:Mr . Ferrito moved Council reverse Planning Commission'sal,/Vey decision and grant the Use Permit for fifteen units, refe r Architecture and Site approval to the Commission for review o f recommendation of DRC on ratio of parking and the consideratio n of possible redesign . Mrs . Rasmussen seconded . Carried by a vote of three ayes . Mr . Siemens voting no . POLICY - PLANNING The Town Attorney was instructed to prepare a resolution noting COMMISSION the findings (on Planning Commission's decisions) and presen t DECISIONS at the next Council meeting for Council's adoption . 28 July 20, 198 1 Los Gatos, Californi a HANNEGAN'S APPEAL Mayor Siemens stated this was the time and place duly note d ON CONDITIONS OF for the continuance of public hearing on the appeal of Plannin g OPERATION HOURS Commission's decision to place a condition of approval as t o hours of operation of restaurant and bar at 208 Bachma n Avenue and request for approval of storage and kitchen addition . Randall Reedy, Attorney for appellant, spoke on meetings tha t have been held with the Almond Grove Homeowner's Associatio n and on the proposals they have re employee parking problems , loitering, etc, and request continuance for another 90 days t o allow these proposals to work . Mr . Chris Benson, owner of th e business, stated he has discussed the possibility of securit y personnel and private patrol with Los Gatos Police Department . Pat O'Laughlin, President of Almond Grove Homeowner's Association, spoke of the neighborhood meetings and th e discussion of alleviating problems concerning hours of operation . He feels hours should be lowered to midnight Sunday throug h Thursdays . Rick Chappell and Bob Holding spoke in favor o f the continuance which would give Hannegan's time to work ou t the problems with parking, etc . Discussion was held on the closing hours, and after further discussion, Mr . Ferrito move d the appeal be continued for 90 days (October 26, 1981) o n 3,1981 condition that the hours be limited from 11 :30 a .m . to 12 :00 a .m ., "'-Sunday through Thursday . 11 :30 a .m . to 2 :00 a .m . on Saturday and Sunday . These new hours begin July 26, 1981 . Mr . Ventur a seconded . Unanimously carried . RECESS Mayor Siemens declared a five minute recess . Meeting reconvene d at 10 :00 p .m . PUBLIC SCHOOL Mayor Siemens stated this was the time and place duly publishe d OVERLAY ZONE for public hearing to consider Zoning Ordinance amendmen t A-81-4 . modifications to the PS (Public School Overlay) Zon e concerning uses permitted and development standards . Mr . Le e Bowman reported to the Council on Planning's recommendation . There being no one in the audience wishing to speak on thi s issue, Mr . Ferrito moved hearing be closed . Mrs . Rasmusse n seconded . Unanimously carried . Mrs . Rasmussen moved readin g be waived for AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDIN G THE ZONING ORDINANCE CONCERNING USES PERMITTED AND DEVELOPMEN T STANDARDS IN THE PS (PUBLIC SCHOOL OVERLAY) ZONE . Mr . Ventur a seconded . Unanimously carried . Clerk read title . Discussion was held on permitted uses listed under Sec . 4 .88 .030 : Permitted Uses, and it was consensus of Council that (9 ) offices, business, professional or executive should be liste d under Sec . 4 .88 .040 : Uses Permitted By Conditional Use Permit . This will be (5) under said section . Mr . Ventura move d Ordinance be introduced as amended . Mrs . Rasmussen seconded . Unanimously carried . Mr . Ferrito moved to establish th e recolumended policy that whenever the Town is notified of a pending sale of public owned land that the Planning Commissio n be directed to reexamine the zoning of the property . Mr . Ventura seconded . Unanimously carried . APPEAL - ASGARD Mayor Siemens stated this was the time and place duly publishe d 444 N . SANTA CRUZ for public hearing on the appeal of Planning Commission's AVENUE denial of use permit to operate a retail store for off-premise s sale of liquor from an existing commercial building at 444 N .Santa Cruz Avenue . Clifforn Louie, appellant, spoke for th e appeal and presented a set of plans showing what improvement s would be made to the property and to the cost entailed . Presto n Hill, Attorney for the appellant, spoke for the appeal an d requested the letter from UFCW (referred to under communications ) be disregarded as it refers to Warehouse Liquors and not ASGARD . Speaking in opposition of the granting of the use permit were , Betty Nash, Art Snyder, David Wilce, Bob Lee and Ellen Mumby , they feel there are enough liquor stores in Los Gatos . Speakin g in favor of the granting of permit were, Mr . & Mrs . Pinkston , -3- 2 9 APPEAL - ASGAR D 444 N . SANTA CRU Z AVENUE (CONTINUED ) APPEAL - R E ELECTROLIE R AT 114 MASSO L AVENUE MEDFLY LIGITATIO N CLAIMS FOR DAMAGES CONTINUATIO N OF MEETIN G COUNTY REFERRALS July 20, 198 1 Los Gatos, Californi a Glen Singer, Hugh Davies and the proprietor of the Iron Doo r who favor free enterprise . There being no one else wishin g to speak on this issue, Mrs . Rasmussen moved hearing be closed . Mr . Ventura seconded . Unanimously carried . Mrs . Rasmussen moved to grant the appeal based on the fact she feels th e Planning Commission erred in their decision as this projec t is not detrimental to the public interest . Motion died fo r lack of a second . Mr . Siemens moved to deny the appeal . Mr . Ferrito seconded . Carried by a vote of three ayes . Mrs . Rasmussen voting no . Preston Hill, Attorney for the appellants , requested that Council make findings and requested,, making o f the findings not be delegated but be made here at the open meeting . Findings that relate to facts to language of th e ordinance . Mr . Ferrito stated Council make findings a s follows : 1.The proposed use of the property is not essentia l or desirable to public convenience , 2.Will impair the integrity and character of the zone , 3.Would be detrimental to health and safety ; an d 4.Not in harmony with various elements of the Genera l Plan . The Town Attorney is instructed to draft a resolution denyin g the appeal and present to Council for adoption at the nex t meeting . Mayor Siemens stated this was the time and place duly publishe d for public hearing on the appeal of Planning Commission's decision to require the installation of an electrolier a s condition of approval of 2-lot subdivision of property at 11 4 Massol Avenue . Mr . Lee, appellant spoke on the requirement s and feels Mr . Bannan should not have to pay for putting a light in on such a small project . Mr . Lee presented a drawin g showing where he thought a light should be installed . Discussio n was held on cost and possible installation of a light in th e middle of the block . Jerry Bannan owner of the property , spoke on the historical impact and against electrolier bein g placed on his side of the street . There being no one els e wishing to speak on this issue, Mr . Ventura moved hearing b e closed . Mr . Ferrito seconded . Unanimously carried . Afte r further discussion, Mr . Ventura moved to reverse the Planning Commission's decision and not require the installation of a n electrolier and that the Planning Commission erred by no t considering the visual and asethetic impacts on electrolier s in a historic neighborhood . Mrs . Rasmussen seconded . Carrie d unanimously . The Town Attorney to prepare a resolutio n reversing Planning Commission's decision and present to Counci l for adoption at the next meeting . Town Attorney, Walter Hays, referred to his report on th e status of the Medfly litigation . Mr . Ventura moved to accep t the report . Mrs . Rasmussen seconded . Unanimously carried . Mr . Ferrito moved claim for damages filed on behalf of Geral d E . Saunders be referred to Attorney . Mr . Ventura seconded . Unanimously carried . Mr . Ventura moved for continuance of the meeting until th e balance of the agenda has been acted upon . Mrs . Rasmusse n seconded . Unanimously carried . Mr . Ferrito moved Council accept staff recommendation on th e following : 1474-24-44-81B Madrona Way Griffith Single famil y home .No comment . Mr . Ventura seconded . Unanimously carried . SJWW AGREEMEN T (KNOWLES DRIVE ASSESSMENT ) TRACT 687 8 (LAMPE ) NOTICE O F COMPLETIO N REZONIN G GARCIA PROPERT Y AMENDMENT T O TOWN CODE - UNCOMPLETE D CONSTRUCTIO N ZONING ORDINANC E AMENDMENT - UNCOMPLETE D CONSTRUCTIO N RENTAL MEDIATION FEE INCREAS E BUILDING COD E AMENDMEN T PARATRANSIT VA N BIDS & SPECIF- CATIONS TRANSIT ASSIS T PROGRAM REVENUE SHARIN G CONTRACTS July 20, 198 1 Los Gatos, Californi a Mr . Ferrito moved to accept staff recommendation and adop t Resolution No . 1981-162 entitled, RESOLUTION APPROVIN G AGREEMENT WITH SAN JOSE WATER WORKS FOR INSTALLATION OF WATE R FACILITIES (KNOWLES DRIVE ASSESSMENT DISTRICT), and authoriz e the Mayor to execute said agreement on behalf of the Town . Also, authorize payment of $75,810 .00, from Knowles Driv e Assessment District to San Jose Water Works as required b y agreement . Mr . Ventura seconded . Unanimously carried . Mr . Ferrito moved for adoption of Resolution No . 1981-163 entitled, RESOLUTION APPROVING AND ACCEPTING FINAL AMENDE D MAP OF TRACT NO . 6878 . Mr . Ventura seconded . Unanimousl y carried . Mr . Ferrito moved Notices of Completion and Certificates o f Acceptance be approved as follows : Project 243-SS ; Los Gatos Creek Bike Rout e Public Improvements ; Mireval Road and Paseo Carmel o (Van Rijn ) Mr . Ventura seconded . Unanimously carried . Mr . Ferrito moved for adoption of Ordinance No . 1507 entitled , AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONIN G ORDINANCE EFFECTING ZONE CHANGE NO . 51 FROM RC TO HR-22 . Mr .Ventura seconded . Unanimously carried . Mr . Ferrito moved for adoption of Ordinance No . 1508 entitled , AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE TOWN COD E CONCERNING UNCOMPLETED WORK . Mr . Ventura seconded . Carrie d by vote of three ayes . Mrs . Rasmussen voting no . Mr . Ferrit o moved for adoption of Ordinance No . 1509 entitled, AN ORDINANC E OF THE TOWN OF LOS GATOS AMENDING THE ZONING ORDINANC E CONCERNING REVOCATION OF ZONING APPROVALS FOR FAILURE T O COMPLETE CONSTRUCTION . Mr . Ventura seconded . Carried by a vote of_four ayes . Mrs . Rasmussen voting no . Mr . Ferrito moved for adoption of Ordinance No . 1510 entitled , AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING SECTIO N 24 .60 .010 OF THE TOWN CODE TO INCREASE THE REGULATORY FEE FO R THE RENTAL MEDIATION PROGRAM . Mrs . Rasmussen seconded . Carried by a vote of three ayes . Mr . Ventura abstained . Discussion was held on staff recommendation re amending Sectio n 7 .01 .145 of the Town Code . Mr . Ferrito moved that reading b e waived for AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING TH E TOWN CODE CONCERNING PERMIT EXPIRATION . Mr . Ventura seconded . Unanimously carried . Mr . Ferrito moved ordinance be introduced . Mr . Ventura seconded . Unanimously carried . Mr . Ferrito moved to accept staff recommendations and approv e the Paratransit Van plans and Specifications and set call fo r bids for 3 :30 p .m ., Wednesday, August 26, 1981 . Mr . Ventur a seconded . Unanimously carried . Mr . Ferrito moved Council accept annual report on the Transi t Assist Program . Mr . Ventura seconded . Unanimously carried . Mr . Ferrito moved to accept staff recommendation and approv e the contract form and adopt Resolution No . 1981-164 entitled , A RESOLUTION AUTHORIZING THE TOWN MANAGER TO NEGOTIATE AN D EXECUTE AGREEMENT WITH AGENCIES FOR USE OF FEDERAL REVENUE - SHARING FUNDS . Mr . Ventura seconded . Unanimously carried . 3 1 July 20,198 1 Los Gatos, Californi a LEASE BACK OF Mr . Ferrito moved for adoption of Resolution No . 1981-16 5 CENTRAL FIRE entitled, A RESOLUTION AUTHORIZING TOWN MANAGER TO EXECUT E DISTRICT LAND ALL DOCUMENTS CONCERNING THE LEASE BACK OF LAND TO CENTRA L FIRE PROTECTION DISTRICT AND COORDINATION OF TERMINATIO N DATE OF THE LEASE WITH THAT OF AN EARLIER LEASE . Mr . Ventur a seconded . Unanimously carried . TRANSFERS AND Mr . Ferrito moved to accept staff recommendation and approv e SUPPLEMENTAL the schedule of transfers from Salary Reserve Accounts t o APPROPRIATIONS various General Fund departmental budgets and the Tow n 81-82 appropriate $2,920, from Sewer . Fund Appropriated fund balanc e to the Public Works Sanitary Sewer Budget . Mr . Ventur a seconded . Unanimously carried . REVENUE ESTIMATES Mr . Ferrito moved to accept . staff recommendation and approv e REVISED .the revised revenue estimates and appropriate $172,012, i n additional revenue to the General Fund appropriated contingency . Mr . Ventura seconded . Unanimously carried . Mr . Ferrito moved to accept staff recommendation and approv e transfers from the Community Events appropriation . Mr . Ventura seconded . Unanimously carried . Mr . Ferrito moved to accept staff report on the denial o f zone change application Z-81-5, from R-1,8,,, to "0" fo r 831 and 835 Pollard Road (Boitano). Mr . Ventura seconded . Unanimously carried . Information report . No action taken . Mayor Siemens suggested that Council ask League of Californi a Cities to take a position on speed trap law, with the ide a the Town should be able to enforce our own limits within th e jurisdiction on our arterial streets . Mr . Ferrito suggeste d Town ask Legislature to allow the use of radar results regard - less if there is speed study to justify the speed limits . After further discussion, it was consensus of Council t o request staff to prepare a resolution on this matter an d present to Council at the August 3rd, meeting . Copy of th e adopted resolution will then be sent to the League o f Caifornia Cities before deadline . The Town Manager reported on sign violations, stating portabl e signs in the public right-of-way will be picked up by th e Police Department . Mrs . Rasmussen asked staff to research the possibility of a Rental Only Zone . It was stated there would be a short executive session after th e Council meeting . Mr . Ferrito moved the meeting be adjourned at 12 :30 a .m ., to 7 :30 p .m ., Monday July 27, 1981 . Mrs . Rasmussen seconded . Unanimously . carried . ATTTEST : COMMUNITY EVENT S ALLOCATION S ZONE CHANG E Z-18-5 83 1 & 835 POLLAR D ROAD STATUS O F MEDFLY REPORT SPEED LIMIT S PORTABLE SIGN S RENTAL ZON E ADJOURNMENT