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M 11-02-1981TOWN COUNCI L ROLL CAL L PLEDGE OF ALLEGIANC E EXECUTIVE SESSION REPORT CHAMBER OF COMMERC E PRESENTATIO N PRESENTATIO N COMMENDATIO N C . WEDEMEYER MINUTES November 2,1981 Los Gatos, Californi a The Town Council of the Town of Los Gatos met in the Counci l Chambers of the Town Hall at 7 :30 P .M ., in regular session . PRESENT : Ruth Cannon, Thomas J . Ferrito, MarLyn J . Rasmussen , and Mayor Peter W . Siemens ABSENT : Brent N . Ventura Given by all in attendance . Mayor Siemens reported that Council held an Executive Sessio n prior to the Council meeting and discussed the lawsuit agains t the Town by Bandov . Mayor stated the case was settled in favo r of the Town . Barbara Reed, President . of the Chamber of Commerce, presente d to each Council Member, a booklet called, "Business Director y of the Town of Los Gatos". Mayor Siemens presented Charles Wedemeyer with a Resolution o f Commendation for his outstanding service to the Town and th e community . Mayor Siemens stated Councilman Ventura requested approval o f the October 26, 1981, minutes be held until November 16, 1981 . Mr . Ferrito requested corrections of minutes as follows : Page 4,Subject - LOS GATOS VILLAGE APPEAL - re individua l specific issues the Council asked Planning to look at shoul d say,"Individual issues to be looked at, include, but are no t limited to the . 4 items listed". Mr . Ferrito also asked tha t Planning Commission be made aware of this change in time minutes . Page 6,Subject - AMENDMENT .TO PLANNING FEE SCHEDULE - Adoption of Resolution No . 1981-220, carried by a volt of fou r ayes . Mr . Ferrito voting no on basis that he feels t'-e 'Town should charge 100% cost recovery . Page 8, Subject - STATE SENATE LEGISLATIVE REAPPORTIONMENT - to read, "Mr . Ferrite made the following substitute motion : he moved Council go on record with State Senate and the Assembl y opposing the elimination of all representation for Los Gato s in the State Senate ." Mayor Siemens requested amendment to Page 8,Subject - OTHE R ITEMS - to read, "It was consensus of Council to request follow-u p on possible Police Department citations for illegal helicopte r landings".ti It was consensus of Council to accept the corrections as noted . Mrs . Rasmussen moved approval of minutes be continued t o November 16, 1981 .Mrs . Cannon seconded . Unanimously carried . Letter from Western Federal Savings requesting permissio n to hold their Great Race on Sunday, January 10, 1982 . Mr . Ferrite moved to accept staff recommendation and approv e said request . Mrs . Rasmussen seconded . Unanimously carried . The Town Manager referred to ABC Application for VERS, Inc . (Between Acts), at 50 University Avenue, stating staf f states no Conditional Use Permit is needed unless the y intensify the use . Mr . Ferrite stated that staff report s on ABC Applications are very helpful to Council . Letter from Senator Dan O'Keefe, re Granting of early parol e for convict William Archie Fain . He urged Council to adop t a resolution opposing said release . It was noted that Council had adopted such a Resolution . Letter from Robert S . Gaddis, 405 Alberto Way, complainin g of poor and unreliable service received from Teleprompter . After further discussion, it was consensus of Council t o refer this complaint to staff for full review of service an d franchise . Staff to report back to Council December 7 ,-1 - WRITTEN 1 . COMMUNICATION S (FOR ACTION) 2 . WRITTEN 1 . COMMUNICATION S (FOR REFERRA L AND/OR ACTION) 2 . 7 7 WRITTEN 1981 . Mr . Ferrito commended on the different Commission s COMMUNICATIONS that are researching the question of programming and th e (FOR REFERRAL possibility of some input from them on said report . Counci l AND/OR FILE)asked that letter be sent to Mr . Gaddis informing him o f (CONTINUED)Council's decision and a letter be sent to Teleprompte r informing them that the Town is looking into standards o f transmission . MANSUBI APPEAL Mayor Siemens stated this was the time and place duly publishe d ZONE CHANGE -for public hearing on the appeal of Planning Commission's 15011 NATIONAL denial of Zone Change Application Z-81-10, requesting a chang e AVENUE of zone from R-1 :8,000 to "0",for property located at 1501 1 National Avenue . Mr . Bowman made a presentation showing propert y in question and the various zonings in surrounding areas A . Mostofi, spoke on rezoning . He stated Mr . & Mrs Mansubi ar e professional people and would have their professional office s at this address and he urged Council to approve rezoning request . There being no one else wishing to speak on this issue,Mrs . Rasmussen moved hearing be closed .Mr . Ferrito seconded . Unanimously carried . After further discussion,Mrs .Cannon moved to grant the appeal . Motion died for lack of second . Mr . Ferrito stated he would like property to stay residential an d cannot see where Planning erred .Mr .Siemens spoke on referrin g this issue back to the Planning Commission and requesting th e Commission to consider rezoning this property plus the lo t adjacent to it . Mrs . Rasmussen moved Council remand this bac k to the Planning Commission for study of rezoning both propertie s on the northwest corner of National Avenue . Mrs . Cannon seconded , Carried by a vote of three ayes . Mr . Ferrito voting no . APPEAL Mayor Siemens stated this was the time and place duly publishe d FOCUSED EIR for public hearing to consider an appeal of a decision of th e REQUIREtdNT -Planning Commission requiring a preparation of a Focused EI R PULLEY, YABROFF for a proposed 12-lot subdivision located on Shannon Road a t & BREZOCZKY the south terminus of Cerro Vista Court . Warren Matteoni , representing the appellant, spoke on previous action taken b y the Planning Commission . He asked that Council not requir e preparation of a focused EIR but, allow the appellant to d o the necessary studies themselves and he feels doing this woul d satisfy the Planning Commission . Richard Gaines, 340 Johnson Avenue, spoke on the evaluation as made by Planning Commissio n regarding roadway grading, etc . and he feels the EIR shoul d be required . Dr . Michael Harris, 104 Hilltop Drive ; Stev e Weiss, 15958 Cerro Vista Court ; Len Overhouse, 110 Wooded Vie w Drive ; and J . Baldwin, 110'Hilltop Drive voiced their concern s regarding placement of the road, grading, noise factor and th e need for EIR . Bo Brezoczky,, one of the property owners of th e development, stated they would be glad to work with the Town . Dr . J . Maya,feels the problems can be worked out without a . Focused EIR being required . Winston Smith, 130 Wooded Vie w Drive, spoke about road slides in his area and he feels ther e should be a heavy study of any road installation in the area . Mr . Boyd Pulley, 150 Brook Acres Drive,spoke infavor of th e project . After further discussion and no one else in th e audience wished to speak on this issue, Mr . Ferrito moved hearing be closed . Mrs . Rasmussen seconded . Unanimously carried . Mr . Ferrito stated he could not find where the Planning Commissio n erred and he feels the problems regarding noise, erosion, grading , road design and geological can only be answered by requiremen t of a Focused EIR . Mr . Ferrito therefore moves the appeal b e denied. Mrs . Cannon seconded . Unanimously carried . It was consensus of Council to have a Focused EIR to include specifi c studies of (1) alternative of narrowing sections of the road ; (2)study of through road or emergency only road ; and (3 ) road placement alternatives . The Town Attorney is to prepar e the necessary resolution for adoption at the next meeting . November 2, 198 1 Los Gatos, Californi a RECESS Mayor Siemens called a recess . Meeting reconvened at 9 :47 P .M . REQUEST FROM Mr . Ferrito moved, at the request of the Art Docents, this issu e ART DOCENTS be continued to November 16, 1981 . Mrs . Rasmussen seconded . Unanimously carried . HCDA PROJECT Mr . Ferrito moved to accept staff recommendation and continu e PROPOSALS this issue to November 16, 1981 . This is to allow the Commissio n and staff to best utilize the time in preparing project proposal s for Town Council review . Mrs . Rasmussen seconded . Unanimousl y carried . CLAIM -Mrs .Cannon moved to accept staff recommendation and deny clai m DONALD HEAD filed on behalf of Donald Head, et al . Mrs . Rasmussen seconded . Unanimously carried . RESOLUTION Mr . Ferrito moved for adoption of Resolution .No . 1981-225 entitled , GRANTING APPEAL A RESOLUTION GRANTING AN APPEAL FROM A DECISION OF THE TOW N PEDRO'S PLANNING COMMISSION .Mrs .Rasmussen seconded . Unanimousl y carried . FORBES MILL Mrs . Cannon moved for adoption of Resolution No . 1981-22 6 CONDITIONAL entitled, A RESOLUTION APPROVING "CONTINGENT AGREEMENT T O CONTRACT & BOND COMPLETE IMPROVEMENTS" BETWEEN FORBES MILL CONDOS AND THE TOW N OF LOS GATOS . Mrs . Rasmussen seconded . Unanimously carried . VERBAL Mr . Egon Jensen, 182 Lester Lane, spoke on the ordinance regardin g COMMUNICATIONS mobile homes and requirement of temporary landscaping . He suggested a clause be included waiving the temporary landscapin g requirement in hardship cases . Mr . Jensen also informed Council that in the master agreemen t with CATV there are standards of transmission . PLANNING Mrs . Rasmussen moved to accept report on status of Plannin g REPORT matters for November, 1981 . Mrs . Cannon seconded .. Unanimously carried . COUNTY Mrs . Rasmussen moved Council accept staff recommendations o n REFERRALS the following : 1551-25-47-81V Manzanita Drive (off Beardsley Rd .) Cabral Yard and Height variance per detached accessory bldg . No comment . 312-26-47-78C-81P Black Road Marcum/Tandem Computer s Use permit for Management Training Retreat .Council direc t staff to transmit a report to the County expressing thei r concerns regarding this application . Winterbrook Rd .Jellinek .Bldg site approval for ne w attached garage Council take no position on the specific s of the application and authorize staff to send a letter to th e applicant inviting them to annex to the Town . General . Plan Amendment Knowles Drive Santa Clar a County Designated 10 acres at Courthouse as Urban Open Spac e Unfavorable report by Planning Commission 10/22/81 .Schedule d for Board of Supervisors 11/23/81 . Mrs . Rasmussen seconded . Unanimously carried . RELEASE OF Mrs . Rasmussen moved for adoption of Resolution No . 1981-22 7 SIRHAN SIRHAN entitled, A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LO S GATOS, CALIFORNIA, URGING THE STATE BOARD OF PRISON TERMS T O 'RESCIND THE EARLY RELEASE DATE FOR SIRHAN SIRHAN, THE CONVICTE D MURDERER OF ROBERT F . KENNEDY . Mrs . Cannon seconded . Unanimously carried . 3 REVISE D AGREEMEN T DEFERRE D COMPENSATIO N . COUNTY HILLSIDE ZONIN G BELOW MARKE T PRICE PROGRA M DEED RESTRICTION S CONTRACT - INFORMATION & REFERRAL, INC . RETAINING WAL L CORNER CAMIN O DEL CERRO &. BLOSSOM HIL L -ROAD (GUESS)- BUS STOP - O . L . JOHNS - 151 N . SANT A CRUZ AVENUE Mrs . Rasmussen moved to accept staff recommendation and adop t Resolution No . 1981-228 entitled, A RESOLUTION APPROVIN G REVISED DEFERRED COMPENSATION AGREEMENTS (1)CUSTODIA N AGREEMENT AND (2) AGREEMENT FOR THIRD PARTY ADMINISTRATOR , AND AUTHORIZING TOWN MANAGER TO EXECUTE SAME . Mrs . Cannon seconded . Unanimously carried . Mrs . Rasmussen moved to approve the October payroll in the amount of $274,787 .64, and warrant demands in the amount o f $568,705 .34 . Mrs . Cannon seconded . Unanimously carried . Mr . Ferrito moved to approve staff recommendation and Counci l express it's reservation to the County regarding inclusio n of non-commercial recreation and recycling centers in th e County's proposed hillside zoning ordinance . Mrs . Rasmusse n seconded . Unanimously carried . Mr . Ferrito moved for adoption of Resolution No .1981-22.9 entitled, A RESOLUTION AMENDING THE BELOW MARKET PRICE PROGRA M DEED RESTRICTIONS . Mrs . Rasmussen seconded . Unanimousl y carried . Mrs . Cannon moved to accept staff recommendation and adop t Resolution No . 1981-230 entitled, A .RESOLUTION AUTHORIZING TOWN MANAGER TO NEGOTIATE AND EXECUTE CONTRACT WITH INFORMATION AN D REFERRAL SERVICES, INC . (This accepts proposal with deficit t o be compensated by Information and Referral's FY 1981-82 Federa l Revenue Sharing allocation Appropriate $2,000 from Federa l Revenue Sharing allocation to the Community Progarlits contractura l services budget . Rescind the $4,000 appropriation fo r Information and Referral Services from Federal Revenue Sharin g funds . Accept annual report and refer report and memo : of 10/23/81 to staff for review and follow-up Authorize Tow n Manager to negotiate and execute contract with Information an d Referral, Inc .). Mrs . Rasmussen seconded . Unanimously carried . Discussion was held on regulations of the Town regarding th e Rental Mediation Ordinance and questioned parcels of land tha t have separate units totaling over 6 units but not covered unde r said Mediation Ordinance . After some discussion, Mr . Ferrit o moved Council refer the various issues to staff for report o n how Council can amend the Ordinance to include some of th e issues such as common ownership, common management, etc . Mrs . Rasmussen seconded . Unanimously carried . Mr . Ferrit o stated, after receiving the report, Council should possibl y schedule a public hearing on the issues . Mrs . Rasmussen moved Council accept staff recommendation an d direct staff to work with Mrs Guess to correct deficiencie s in the retaining wall at the northwest corner of Camino Del Cerro and Blossom Hill Road .Mrs .Cannon seconded . Unanimousl y carried . Mrs . Cannon moved for adoption of Resolution No .1981-23 1 entitled, EXPANDING BUS LOADING ZONE - 147 AND 151 NORTH SANT A CRUZ AVENUE (this extends the existing bus stop at 151 Nort h Santa Cruz Avenue 20' to the south and removes one existin g parking space). Mr .Ferrito seconded . Unanimously carried . -4 Mrs .Rasmussen moved to approve the following suggeste d standard for vehicular directional signs for private facilitie s that serve the general publi c Dimensions 24"wide by 18" hig h Area 3 sq . f t Color Green or blue background with white letter s (The above standard is consistent with current Town practic e for Town owned directional signs). Mrs . Cannon seconded . Unanimously carried . rso November 2, 198 1 Los Gatos, Californi a BUS STOP - O .Mrs .Rasmussen stated she feels alternate 2 in this repor t L . JOHNS -would have been more desirable . 151 N . SANTA CRUZ AVENU E (CONTINUED ) BROADWAY Mrs . Rasmussen moved to accept staff recommendation an d EXTENSION authorize payment of $1,000 to WTW, Inc . for extra work on ASSESSMENT subject project . Mrs . Cannon seconded . Unanimously carried .DISTRIC T TENTATIVE The Town Manager stated the Town Council is in receipt of th eANNUAL AUDIT tentative and preliminary audit report from Arthur Anderse n & Co . and the purpose of the preliminary submission is t o provide the Town Council with a choice as to preferred accountin g method of cash or accrual . The Town Treasurer, James Stoops ,spoke on his preference of cash accounting method . After som e discussion, Mrs . Cannon moved to accept the tentative audi t report using the cash accounting method . Mrs . Rasmussen seconded . Unanimously carried . TRANSIT ASSIST Mrs . Rasmussen moved Council accept the final audit of th eAUDITTransit Assist Program .as submitted by Arthur Andersen & Co . Mrs . Cannon seconded . Unanimously carried . HANDICAPPED Mr . Lewis, from audience, spoke in disagreement with most o f ACCESS REPORT the issues of staff report . After some discussion, Mr . Ferrit o moved . Council direct Mr . Mora and Mr . Hays to respond to comment s made by Mr . Lewis by the way of a written report to Counci l at their next meeting .Mrs .Rasmussen seconded . Unam mousl y carried . Mrs . Rasmussen moved that Council direct_ the Mayo r to appoint a committee of Council, Manager and a representativ e of the Los Gatos handicapped to review the Town Cen~tei-Handi- capped access . Mr . Siemens seconded . Unanimouslycied .. Mayor stated he hoped Mr . Lewis could recommend a°'r~eséntativ e to said committee . The Director of Public Works spoke on staff report re additiona l information on the value of the improvements being installed . After some discussion ; Mrs . Cannon moved for adoption o f Resolution No . 1981-232 entitled, RESOLUTION APPROVING RIGHT - OF-WAY AGREEMENT - WINCHESTER BOULEVARD RAILROAD CROSSIN G PROJECT NO . 216-SS . Authorize the Mayor to sign . the right-of - way agreement with Albert B . Smith . Mrs . Rasmussen seconded . Carried by a vote of three ayes . Mr . Ferrito voting no . ZONING ORDINANCE Mrs . Rasmussen moved for adoption of Ordinance No . 1521 entitled ,AMENDMENT RE AN ORDINANCE OF THE TOWN OF LOS GATOS TO PERMIT MOBILE HOME SMOBILE HOMES &OR OTHER TEMPORARY STRUCTURES ON LOTS . UPON APPROVAL OF ANTEMPORARYARCHITECTURE AND SITE APPLICATION . Mrs . Cannon seconded . STRUCTURES Unanimously carried . OAK MEADOW Discussion was held on the proposed increase of fees for grou pPARK RESERVATION picnic facility use at Oak Meadow Park . Mrs . Cannon moved forFEESadoption of Resolution No . 1981-233 entitled, A RESOLUTIO N ESTABLISHING A SCHEDULE OF FEES FOR RESERVING GROUP PICNI C FACILITIES AT OAK MEADOW PARK . Mr . Siemens seconded .. Unanimousl y carried . TOWN ATTORNEY It was consensus of Council to accept subcommittee's recommend . CONTRACT ation that there be no change in the current contract with th e Town Attorney . WINCHESTE R BOULEVARD PROJECT 216-S 5 RIGHT-OF--WAY AGREEMENT - A . SMITH 5 8 1 OTHER ITEMS Mr Ferrito requested staff to investigate and report on a complaint from Mr . Doetsch regarding trees obstructing visio n at the intersection of Parr and Capri . Mr . Ferrito asked fo r staff report on illegal P,G .& E . lines and requirement o f underground utilities in said area . Mr . Ferrito stated he had been contacted by Hannegan's regarding the loading zone established by Council and aske d staff to report on an alternative to have trucks park in the driveway behind IDEA Store . Mr . Siemens asked that the 85 Corridor evaluation be place d on the November 16, 1981 Council agenda . ADJOURNMENT Mrs .Cannon moved meeting be adjourned at 10 :50 P .M . Mr . Ferrito seconded . Unanimously carried .