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MIN1981 431 January 5, 1981 Los Gatos, California TOWN COUNCIL The Town Council of the Town of Los Gatos met in the Council Chambers of the Town Hall at 7:35 P.m. in regular session. ROLL CALL PRESENT: Ruth Cannon, MarLyn J. Rasmussen, Peter W Siemens, Brent N. Ventura and Mayor Thomas J. Ferrito. ABSENT: None. PLEDGE OF ALLEGIANCE Given by all in attendance. PRESENTATION Presentation was made by Mr. Johnston of the Youth Science Institute located in Vasona Park. He spoke of the goals the Institute hopes to achieve and also spoke on the services offered to the youth of the community. It was consensus of Council that written request for financial support of this organization should be submitted to the Manager before budget sessions for the coming year. MINUTES Mayor Ferrito stated there was one correction that should be made and that was under the subject "COMMENDATION". It was Council’s intent to have three separate Resolutions commending Hughes, Heiss & Associates, Richard Perry, and Richard Hughes; therefore, the minutes should reflect this and the following should be added. "Mr. Siemens moved for adoption of Resolution No. 1981-1 entitled A RESOLUTION COMMENDING RICHARD PERRY, and Resolution No. 1981-2 entitled A RESOLUTION COMMENDING RICHARD HUGHES." Mr. Ventura seconded. Unanimously carried. Mr. Siemens moved minutes of December 1st, 2nd, and ]5th be approved as corrected. Mrs. Rasmussen seconded. Carried by vote of four ayes. Mrs. Cannon abstained. WRITTEN 1. Letter from Sanford Getreu, representing Kosich Construction COMMUNICATIONS Company, requesting the public hearing on rezoning of property located at 15347 National Avenue be continued for six months. Mrs. Cannon moved request be granted and the hearing be con- tinued to July 6, 1981. Mr. Ventura seconded. Unanimously carried. 2. Letter from State Department of Water Resources stating their plan to distribute, through the postal service, water saving devices to every household in Santa Clara County, and are requesting the Town to adopt a Resolution supporting this program. Mrs. Rasmussen moved for adoption of Resolution No. 1981-3 entitled A RESOLUTION OF THE TOWN OF LOS GATOS SUPPORTING SB 201. Mr. Ventura seconded. Unanimously carried. 3. Letter from WTW Inc., representing D. Damron, requesting that a private street in Tract 6860 be named Victoriana Place. Discussion was held with regard to the depletion of the historic name list on file and staff was instructed to contact Mr. Wulf of the Historic Society for some input. Matter referred to staff for report at a later date. 4. Notice from Pacific Gas & Electric Co. of application filed with the Public Utilities Commission requesting authoriza- tion to increase the rates and charges for electric and gas service. 5. Letter from Dan Simon, owner of commercial building being constructed at 340 University Avenue, asking for Council's consideration to allow a driveway access onto Saratoga Avenue. Mr. Van Houten reported that the State had juris- diction on Saratoga Avenue, and would like to support Caltrans in their efforts to protect Saratoga Avenue. Council requested Mr. Simon to submit a diagram to better inform Council of what he is proposing and that this matter be continued to next meeting. 432 January 5 1981 Los Gatos: California WRITTEN 6. Letter from Chamber of Commerce opposing Council's decision COMMUNICATIONS to continue With a part-time Town Attorney as they feel the (CONTINUED) many controversial decisions being rendered by the Council warrants a full-time attorney. 7. Letter from Chamber of Commerce, on behalf of the Chamber, Lions Club and the Parade Committee, thanking Council for their help in making the Annual Christmas Parade a success. 8. Letter from Chamber of Commerce thanking the Parks Department for assisting the Chamber with the Christmas decorations. 9. Letter from Wm. K. Grafton, CPA, on behalf of the Board of Directors of Green Valley Disposal Company, Inc., requesting a rate adjustment to the existing commercial and residential refuse disposal rates being charged in Los Gatos. Manager stated he would be attending meetings with other managers in the area to study this request. 10. Letter from Howard Anawalt, 144 Milmar Way, proposing a change. in the Town Building Code. The proposal is that all structures or decks have a minimum slope or pitch in order to eliminate standing or ponding of water on built-up roofing. (Report from Mr. Watson, Building Official, attached.) Council requested a copy of Mr. Watson's report be mailed to Mr. Anawalt and this issue would be discussed at the next Council meeting. 11. Two letters from Mr. 0. L. Johns requesting the injunction be removed from his property to allow him to complete his building at 151 N. Santa Cruz Avenue, and questioning the parking of cars on Victory Lane, when it is posted for no parking. Referred to Attorney for response. 12. Letter from Wesley K. Walton, Supt. of Los Gatos Union School District, relating to letter he had received stating the Council’s concern over the State's use of Berry School play- ground area for parking, and the removal of playground equipment. It was consensus of Council staff be instructed to send letter to School District advising them- that, under the Town Zoning Ordinance affecting the s6hools, playgrounds and turf areas at school sites that are no longer used for educational purposes be maintained as playgrounds and turf sites for use by the community. 13. Letter from the Central Labor Council of Santa Clara County AFL-CIO, informing Council that the Labor Council voted unanimously to oppose the aerial spraying of the fruit fly and urges all governmental bodies to voice their opposition to such action. (Later agenda item.) 14. Report from Andre Libante, Chairman of the Parking Advisory Commission, stating their recommendations as to new parking assessment district within the downtown area. (Later agenda item.) 15. Petition signed by 14 residents of the Wedgewood Avenue area requesting the placing of stop signs on Wedgewood Avenue at Lora Drive, Mulberry Drive, and LaRinconada Drive. Mr. Ventura moved this be referred to staff for review and be agendized at a later date. Mr. Siemens seconded. Unanimously carried. 16. Letter from Santa Clara County Dental Society, stating their plans for a Family Fun Run Race to be held on February 1, 1981, and requesting Council’s permission to use, if necessary, the right lane of Blossom Hill Road between Vasona and Oak Meadow Parks between 9:00 a.m. and 11:00 a.m. on Sunday, February 1, 1981. Mrs. Rasmussen moved to grant request subject to Police approval. Mr. Ventura seconded. Unanimously carried. 17. Letter from United States Environmental Protection Agency, informing Council that the Notice of Final Rulemaking related to funding limitations in California was published in the Federal Register. This action has been taken because the 2 433 January 5, 1981 Los Gatos, California WRITTEN California legislature has not provided the legal authority COMMUNICATIONS for a vehicle inspection and maintenance program as required (CONTINUED) by the Clean Air Act. Upon publication of this final rule- making, Federal funds cannot be authorized for sewage treatment and highway projects that would contribute to increased air emissions. Discussion was held and it was consensus of Council to request a copy of the bill relating to this and, upon review of the bill, Council will consider what action to take. 18. Letter from State Solid Waste Management Board, stating it is their understanding the garbage collection contract for the Town of Los Gatos will soon be renegotiated and it is the policy of the State Solid Waste Management Board to encourage local communities, during these times of contract negotiations, to include a recycling function to be per- formed by the collector. Referred to Manager to be included in study renegotiation of rate adjustment with Green Valley Disposal Co. 19. Claim for damages filed on behalf of Robert G. Catterton. Mr. Siemens moved claim be denied and referred to insurance carrier. Mr. Ventura seconded. Unanimously carried. 20. Claim for damages filed on behalf of Thomas J. Gilberti. Mrs. Rasmussen moved claim be denied and referred to insurance carrier. Mr. Siemens seconded. Unanimously carried. 21. Claim filed on behalf of Chester Louis Fulton, Joyce Porto, Russell Hill and Sophie Hill. Mr. Ventura moved claim be denied and referred to insurance carrier. Mr. Siemens seconded. Unanimously carried. 22. Treasurer's monthly report for November, 1980. YOUTH ADVISORY Mayor Ferrito referred to report from Town Clerk's office of COMMISSION applicants for Youth Advisory Commission. It was consensus of Council to extend the filing date to 12:00 Noon, January 14, 1981, and interviews will be held on January 19, 1981 prior to the Council meeting. VERBAL Mr. Dee Cravens, 230 Tait Avenue, spoke to Council re the growing COMMUNICATIONS difficulties of parking on Tait Avenue, the increase in property damage suffered by residents in this area, and how the Town and Police plan to deal with these problems, Discussion was held on survey of this neighborhood re preferential parking and the poor response that was received. Mayor stated a study will be made some time in the future and, possibly, Mr. Cravens could help to get neighbors to take an interest. Mr. Cravens was directed to meet with Police Department and Director of Public Works to see if some of his problems can be worked out. Mr. Philip Vlamis, 123 University Avenue, inquired as to when Winchester Boulevard would be widened. Referred to Public Works for review. USE OF Mrs. Mardi Bennett, 38 Alpine Avenue, spoke on the preservation FORBES MILL of Forbes Mill and how she, when serving on the Town Council, had been appointed (along with Mr. John Lochner) to a committee to look into the preservation of this landmark building, and has been active in this project ever since. Mrs. Bennett referred to a letter from Mr. Kenneth Kidwell, President of the Eureka Federal Savings Bank, who has made a fine proposal to the Town to provide a museum for the Town at Forbes Mill. Mr. Kidwell and curator A. Baccari were introduced. Mrs. Cannon moved Council approve the request in concept, instruct staff to negotiate with Mr. Kidwell and his representative on a develop- ment agreement. Mr. Ventura seconded and stated he would like to thank Mrs. Bennett for her continued work on this project. Unanimously carried. - 3 434 January 5, 1981 Los Gatos, California REQUEST FOR Wayne Moniz, West Valley Film & Video, West Valley College, FILMING had previously requested permission to film a two-minute sequence in downtown Los Gatos on Sunday, January 25, 1981, between 7:30 a.m. and 8:30 a.m. He explained what the filming would be and assured Council it would be in good taste. Mrs. Cannon moved request be granted subject to Police review. Mrs. Rasmussen seconded. Unanimously carried. TRAFFIC SIGNAL Mr. Siemens moved Council accept staff report re the pedestrian SANTA CRUZ timing on traffic signal at Santa Cruz Avenue and Main Street. MAIN The report states that a more extensive study will be made and a more detailed report will be presented at a later date. Mr. Ventura seconded. Unanimously carried. CIVIC CENTER Mr. Siemens moved Council adopt Resolution No. 1981-4 entitled PARKING LOTS TWO-HOUR PARKING -- CIVIC CENTER, NEIGHBORHOOD CENTER, AND LIBRARY PARKING LOTS, and direct staff to implement an employee sticker and a one-day parking permit. Mr. Ventura seconded. Unanimously carried. LARK AVENUE Mr. Siemens moved Council accept staff report concerning this NORTHBOUND - subject and Mayor be authorized to ask the Director of CalTrans HIGHWAY 17 to reconsider the Town's request on widening of the Lark Avenue OFF/ON RAMPS bridge and the signalization. Mr. Ventura seconded. Unani- mously carried. TRACT 6584 Mr. Siemens moved Council approve the Notice of Completion and 715 UNIVERSITY Certificate of Acceptance for Tract 6584, 715 University AVENUE Avenue (La Porte), and authorize the Mayor to execute said Notice. Mr. Ventura seconded. Unanimously carried. PLANNING MONTHLY Mr. Siemens moved Council accept the report on January status REPORT of Planning matters. Mr. Ventura seconded. Unanimously carried. COUNTY Mr. Siemens moved Council accept staff recommendation. on the REFERRALS following: 780-28-41-79GV-80GA Call of the Wild Road Cheatham Abatement of grading violation No comment 1305-30-52-8oz Englewood Avenue Bd. of Supr. Rezone from R-1:8 -cs to R-1:20 -cs County P.M. hearing 1/15/81 1265-26-46-80Z-80S Bear Creek Rd. Olson Rezone from RHS-20S to RI-2.5 T.C. recommended denial, County P.C. recommended approval to Bd. of Supr. 12/18/80. Board meeting probably in February. Mr. Ventura seconded. Unanimously carried. CRESCENT HILLS Mr. Siemens moved Council approve supplemental appropriation in ASSESSMENT DIST. the amount of $826.49 from the Bond Construction Fund 80-7301 ANNUAL REFUND and authorize the Town Clerk to make the appropriate refunds to property owners who contributed to the construction of the water system. Mr. Ventura seconded. Unanimously carried. COMMUNITY HOUSING Mr. Siemens moved for adoption of Resolution No. 1981-5 entitled CONTRACT ADDENDUM A RESOLUTION APPROVING AN ADDENDUM TO CONTRACT FOR SERVICES WITH COMMUNITY HOUSING DEVELOPERS, INC. and authorize Mayor to execute said contract on behalf of the Town. Mr. Ventura seconded. Unanimously carried. BLOSSOM HILL Mr. Siemens moved Council accept staff recommendation regarding TENNIS COURT fees for the Blossom Hill Tennis Court card system. Fees will FEES now be $5.00 per card to residents within the Town limits of Los Gatos. Mr. Ventura seconded. Unanimously carried. - 4 - 435 January 5, 1981 Los Gatos, California BUILDING CODE Mr. Siemens moved for adoption of Ordinance No. 1486 entitled 1979 EDITIONS ORDINANCE OF THE TOWN OF LOS GATOS ADOPTING BY REFERENCE WITH MODIFICATIONS, OF 1979 EDITIONS OF THE UNIFORM BUILDING CODE, UNIFORM BUILDING CODE STANDARDS, UNIFORM MECHANICAL CODE, UNIFORM HOUSING CODE, UNIFORM CODE FOR THE ABATEMENT OF DAN- GEROUS BUILDING, UNIFORM PLUMBING CODE, AND 1981 EDITION OF NATIONAL ELECTRICAL CODE. Mr. Ventura seconded. Unanimously carried. DECEMBER PAYROLL Mr. Siemens moved for approval of the December, 1980 payroll AND WARRANT in the amount of $245,326.81 and warrant demands in the amount DEMANDS of $408,976-77. Mr. Ventura seconded. Unanimously carried. RECESS Mayor Ferrito called a recess. Meeting reconvened at 9:25 p.m. APPEAL ON This matter was continued to July 6, 1981. KOSICH REZONING NATIONAL AVENUE REZONING ALLEN Mayor Ferrito stated this was the time and place duly published PROPERTY - 825 for public hearing to consider a zone change from R- 1:8000 to POLLARD ROAD 11011 for property located at 825 Pollard Road. Mr. Roy Allen, owner of property, and Evan Judd, Attorney for Mr. Allen, spoke on behalf of the rezoning. Mr. Richard Gaines, Chairman of the Planning Commission, spoke in opposition to rezoning. Dis- cussion was held as to additional trips per day this rezoning would generate if construction of an office building were allowed. There being no one else wishing to speak on this issue, Mrs. Cannon moved hearing be closed. Mr. Siemens seconded. Unanimously carried. Mrs. Rasmussen moved Council make negative declaration. Mr. Ventura seconded. Unanimously carried. Mrs. Rasmussen moved reading be waived and ordinance be introduced rezoning as requested, as it is consistent with the General Plan. Motion dies for lack of second. Mr. Ventura moved to deny the rezoning application as Planning Commission did not consider the housing element of the General Plan, and to rezone this property could encourage conversion of other residences to office use in the immediate area. Mrs. Cannon asked that the motion also state that the Town has plenty of office space and is lacking housing for families. Mr. Ventura accepted the amendment. Mrs. Cannon seconded. Carried by vote of four ayes. Mrs. Rasmussen voting no. BUILDING CODE Mayor Ferrito stated this was the time and place duly published APPEAL - RUGANI for public hearing to consider the appeal of the building code regulations for property located at 217 N. Santa Cruz Avenue. Mr. Bowman spoke to Council on the impact of the Town's non- REPORT ON conforming use regulations in the Downtown Core area, stating NONCONFORMING that the basic policy that nonconforming uses in downtown core USES only have a duration of 20 years, due to changes in parking regulations, and that means most of the business district would be phased out by 1986. After further discussion, Mr. Siemens moved to direct a study be done by a consultant on the review of the Downtown Specific Plan, General Plan, Hillside Plan, and Specific Plan on Route 85 Corridor, and direct staff to prepare an R.F.P. (Request for Proposal). Mr. Ventura seconded. Discussion was held as to time limits on these studies. After further discussion, Mr. Siemens moved to amend the motion to state "direct staff to prepare R.F.P. and study be done by a consultant on the General Plan Review and the Downtown Specific Plan and these R.F.P.’s be submitted to Council at the February 2, 1981 meeting. The R.F.P.’s for Hillside Plan and Route 85 Corridor be submitted to Council as soon as possible thereafter." Mr. Ventura seconded. Mayor Ferrito stated the Parking Advisory Commission's recommendations would be sup- plied to consultant as part of data. Motion carried unanimously. - 5 - 436 January 5, 1981 Los Gatos. California APPEAL Mr. Bowman referred to his report re the appeal of Building HEARING officials decision to deny permit to reconstruct fire damaged building at 217 N. Santa Cruz Avenue and gave options that Council could take. The building permit to reconstruct the building was based on Section 3.50-130 of the Zoning Ordinance. Mr. Hayes stated he had prepared an Urgency ordinance amending Section 3.50-130 which would allow rebuilding of a 3,500 square foot building and this would allow Council to make their study of the Downtown Area. Speaking in support of the proposed Urgency ordinance were Mr. Gene Rugani, Larry Rugani, Philip Vlamis, Chris Benson, Mrs. Fred Callis, Mr. Crockett, G. Brace, John Lochner, and Rich Chappell, representative of the Chamber of Commerce. After further discussion, and no others wishing to speak on this issue, Mr. Ventura moved hearing be closed. Mrs. Rasmussen seconded. Unanimously carried. Mr. Ferrito moved reading be waived for Ordinance No. 1487 entitled AN URGENCY ORDINANCE Or THE TOWN OF LOS GATOS AMENDING SECTION 3.50.130 OF THE ZONING ORDINANCE ON AN INTERIM BASIS TO ALLOW RECONSTRUCTION OF A DESTROYED NONCONFORMING BUILDING WITH A CONDITIONAL USE PERMIT AND SPECIAL CONDITIONS, PENDING PRE- PARATION OF A NEW DOWNTOWN PLAN. Mrs. Cannon seconded. Unanimously carried. Mr. Ferrito moved for adoption of Ordinance No. 1487 entitled AN URGENCY ORDINANCE OF THE TOWN OF LOS GATOS AMENDING SECTION 3.50-130 OF THE ZONING ORDINANCE ON AN INTERIM BASIS TO ALLOW RECONSTRUCTION OF A DESTROYED NON- CONFORMING BUILDING WITH A CONDITIONAL USE PERMIT AND SPECIAL CONDITIONS, PENDING PREPARATION OF A NEW DOWNTOWN PLAN. Mrs. Cannon seconded. Unanimously carried. Mr. Siemens moved for adoption of Resolution No. 1981-7 entitled A RESOLUTION DENYING APPEAL OF GENE RUGANI FROM DECISION OF BUILDING OFFICIAL, DATED DECEMBER 12, 1980. Mr. Ventura seconded. Unanimously carried. NOVITIATE Superintendent of Parks and Forestry presented report on the PARK SITE Novitiate Park site, stating the Park Commission requests DEVELOPMENT the Council's approval of the site plans and author7zation for staff to prepare working drawings for the project. Discussion was held as to problems of traffic on the narrow streets in the area. Persons from audience speaking in opposition to the plans as shown by the Parks Commission were James Daniels, Terry Austen, Bill Mason, Sr., Walter Lord, Al Lord, Mike Cany, Joel Ash, Lee Cunningham, Paul Kelly, Betty Orr, and Emogene Boyle. Paul Butts, Chairman of the Park Commission, stated the Commission felt they were obli- gated to develop the park and felt this concept would best serve the neighborhood and community. Ardith Sams, a Park Commissioner, also spoke on behalf of the plan. After further discussion and hearing of testimony from the residents of the area, Mr. Ventura moved the conceptual plan as presented to Council be rejected and referred to Park Commission with a request that a less intense plan be prepared showing the park in more of its natural state. Mrs. Cannon seconded. Carried by vote of four ayes. Mr. Ferrito abstained. Mrs. Cannon left the meeting at 12:00 p.m. DRAINAGE PROBLEM This matter was continued to January 19, 1981, as requested. COSENTINO VACATION OF Mrs. Rasmussen moved for adoption of Resolution No. 1981-5 EASEMENT - entitled RESOLUTION OF INTENTION TO ORDER VACATION OF A PORTION FORBES MILL OF THE PUBLIC PEDESTRIAN ACCESS EASEMENT LYING ENTIRELY IN PARCEL "All (FORBES MILL). That a $100.00 fee be collected from developers to pay for cost of proceedings, and hearing be set for February 2, 1981. Mr. Siemens seconded. Unanimously carried. KNOWLES DRIVE Mr. Siemens moved this matter be continued to January 19, 1981, ASSESSMENT as requested by the Bonding Attorney. Mrs. Rasmussen seconded. DISTRICT Unanimously carried. - 6 437 January 5, 1981 Los Gatos, California DELETION OF Mr. Luckhardt, representing the car dealers on Los Gatos PARKING - Boulevard, spoke in opposition to the proposed no parking LOS GATOS on the east side of Los Gatos Boulevard between Shannon BOULEVARD Road and Magneson Loop. Mr. Luckhardt made a slide pre- sentation showing the area and giving his recommendations so this parking could be made possible. After further discussion, Mrs. Rasmussen moved this be returned to staff for further review to see if parking can be retained as proposed by Mr. Luckhardt. Mrs. Siemens seconded. Unanimously carried. REPORT Manager Mora reported he has received no written report from MED-FLY the State to date, but is in the process of selecting a PROGRAM Coordinator (who will be paid by the State). The Town will be providing office space and a telephone at the Service Center at 41 Miles Avenue, and will be initiating, through the Coordinator, a publicity program to inform the public of the phone number and the services. TOWN ATTORNEY Continued to January 19, 1981. CONTRACT TOWN MANAGER Mr. Siemens moved for adoption of Resolution No. 1981-6 CONTRACT entitled A RESOLUTION APPROVING TOWN MANAGER EMPLOYMENT AGREEMENT BETWEEN TOWN OF LOS GATOS AND DAVID R. MORA. Mr. Ventura seconded. Unanimously carried. SMOKING Mrs. Rasmussen requested a review of the smoking ordinance ORDINANCE with regard to provision being made for smoking, in some area, at the Neighborhood Center. ADJOURNMENT Mrs. Rasmussen moved meeting be adjourned at 12:50 a.m., Tuesday, January 6, 1981. Mr. Ventura seconded. Unani- mously carried. ATTEST: Rose E. Aldag Town Clerk 7 438 January 19, 1981 Los Gatos, California TOWN COUNCIL The Town Council of the Town of Los Gatos met in the Council Chambers of the Town Hall at 7:40 p.m. in regular session. ROLL CALL PRESENT: Ruth Cannon, MarLyn J. Rasmussen, Peter W. Siemens, Brent N. Ventura, and Mayor Thomas J. Ferrito. ABSENT: None. PLEDGE OF ALLEGIANCE Given by all in attendance. MINUTES Mrs. Rasmussen moved minutes of January 5, 1981 be approved as submitted. Mrs. Cannon seconded. Unanimously carried. YOUTH ADVISORY Mayor Ferrito stated that on September 15, 1980 the Town Council COMMISSION adopted Resolution No. 1980-136 establishing a Youth Advisory APPOINTMENTS Commission to consist of 2 adults, 3 high school students, and 2 junior high school students. The closing date for receiving applications was January 14, 1981, and interviews were held tonight prior to the Council meeting. Mrs. Rasmussen moved for appointment of Terrence Daily and Charles Drummond as adult Commission members. Mr. Ventura seconded. Unanimously carried. Mrs. Rasmussen moved for appointment of Colette Craycroft and Julie Nunez as junior high school members. Mr. Ventura seconded. Unanimously carried. Nominations and voting were held for the 3 high school members and the following were appointed: Wendy Becker, Steven White, and Rick Bhandari. Mayor Ferrito stated he wished to thank all students for their interest. WRITTEN 1. Leaflet from the League of Friends of the Santa Clara COMMUNICATIONS County Commission, on the Status of Women, inviting Council and other organizations to submit nominations for the 1980 Women of Achievement Awards. No action. 2. Letter from 0. L. Johns, asking Council to take proper action so he can complete the construction of his building at 151 N. Santa Cruz Avenue. Referred to Attorney for response. 3. Letter from Harley and Agnes Thompson, 156 Massol Avenue, protesting the assigned amount of assessment to their property in the Broadway Extension Assessment District. Later agenda item (IV-A). 4. Letter from Gene Westphalen, 311 Tait Avenue, concerning traffic counters placed on the roadway adjacent to his residence. (Director of Public Works reported that staff is updating traffic counts in that area due to request from the Almond Grove Neighborhood Association, and staff will prepare a biannual traffic volume map for major streets.) It was consensus of Council that Engineering staff should vary the days and also the months when taking traffic counts. After further discussion, it was requested that staff make some sort of analysis on this. 5. Communications from County of Sonoma, Board of Supervisors, re the health hazards posed to people regarding PCB electric capacitors owned by PG & E, plus a copy of a Resolution as adopted by their Board, asking for a response from our Council. Staff to check with Santa Clara County to see what position they have taken, and also to write PG & E inquiring as to storage of PCB capacitors. Chief Johnson stated he has a meeting scheduled with PG & E representa- tive to discuss clean up procedures of transformers and toxic properties of it, and he will be glad to pass this information along to Council. 6. Letter and report from Citizens For a Better Environment, informing Council of the human health effects of spraying and the economic impacts of the Mediterranean fruit fly. - I - 439 January 19, 1981 Los Gatos, California WRITTEN Mayor Ferrito referred to letter from Santa Clara County COMMUNICATIONS Medical Society re Seminar to be held on January 28, 1981 (CONTINUED) at 7:30 P.M., to discuss the medical implications of the proposed aerial spraying of malathion to combat the fruit fly problem in Santa Clara County. 7. Letter from California Farm Bureau Federation, urging the Council to go on record supporting the eradication of the Medfly. No action. 8. Letter from Ming Quong Children's Center, requesting the use of the Civic Center facilities for their Strawberry Festival to be held Saturday and Sunday, June 6 and 7, 1981. They also request that fees for use of the Community Center be waived. Mrs. Rasmussen moved request be granted, and Town staff be authorized to work with the organization. Mr. Ventura seconded. Unanimously carried. 9. Letter from Louis Norga, owner of an apartment building in Los Gatos, requesting exemption of fees imposed by Town Rental Mediation and Arbitration process. Mr. Siemens moved Council accept staff recommendation and deny the request for exemption, and that Council direct Town Manager to review the fiscal impact of amending the Town Rental Mediation and Arbitration ordinance to provide for an exemption for Section 8 units. Mr. Ventura seconded. Unanimously carried. 10. Revenue and expenditures reports for the month of December, 1980, from office of Town Clerk. 11. Treasurer's monthly report for December, 1980. VERBAL Joan Hunter, 108 Louise Court, member of the Ambassador Girl COMMUNICATIONS Scout Troop, stated that on behalf of the Granny Scout Troop, she was here to present the Town with a check in the amount of $74-29 for the purpose of purchasing a shuffleboard for the Neighborhood Center. FREE PUBLIC Mrs. Cannon moved to accept staff recommendation and authorize PARKING SIGNS staff to purchase and install an additional "Free Public Parking" sign on Saratoga Avenue, west of University. Mr. Ventura seconded. Unanimously carried. CAMINO DEL SOL Mrs. Cannon moved for adoption of Resolution No. 1981-8 entitled CUL-DE-SAC RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS APPROV- PROJECT 248-ss ING PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF STREET IMPROVEMENTS TO CLOSE CAMINO DEL SOL AT NATIONAL AVENUE (PROJECT 248-SS), and direct Town Clerk to advertise for bids. (Bid opening set for 3:00 p.m. on February 17, 1981.) Mr. Ventura seconded. Unanimously carried. BUS LOADING Mrs. Cannon moved for adoption of Resolution No. 1981-9. estab- ZONE REVISIONS lishing BUS LOADING ZONES. Mr. Ventura seconded. Unanimously carried. ANCHOR/BOHNEN Manager Mora referred to staff report which states that, prior BOND RELEASE to annexation, this property was located In an unincorporated area, and there was a contract between the County and the developer, Gerald Anchor. Upon annexation, the County assigned this contract to the Town of Los Gatos. Under the terms of the contract, the developer deposited passbooks totaling $89,100.00. These passbooks are being held by the Town, and staff is recom- mending the partial release of funds of the Faithful Performance portion of these bonds. After some discussion, Mrs. Cannon moved to release 75% of the Faithful Performance, and authorize the Director of Public Works to issue a letter to California Savings and Loan Company, authorizing the release of 75% or $33,412-50 of the funds on deposit to Gerald L. Anchor. Mr. Ventura seconded. Unanimously carried. 2 440 January 19, 1981 Los Gatos, California LOS GATOS CREEK Mrs. Cannon moved for adoption of Resolution No. 1981-10 BIKE/PEDESTRIAN entitled RESOLUTION AUTHORIZING JOINT USE OF THE LOS GATOS TRAIL AGREEMENT CREEK WITH SANTA CLARA VALLEY WATER DISTRICT, and authorize the Mayor to sign the agreement on behalf of the Town. Mr. Ventura seconded. Carried by vote of four ayes. Mrs. Rasmussen voting no. REQUEST FOR Mrs. Cannon moved to accept staff report re request for CHANGE IN change in Building Code with regard to roof drainage and BUILDING CODE flat roofs, and that Building official will follow up on this at a later date. Mr. Ventura seconded. Unanimously carried. COUNTY Mrs. Cannon moved to accept staff recommendations of the fol- REFERRALS lowing: 12S78.9 Skyline Blvd. Follette Time extension for 4-lot subdivision recommend denial 1321-27-4o-8]v Lindbergh Ave. Apodaca Front and rear yard variance for single family dwelling no comment 993-30-52-80LA Englewood Ave. Beadle Appeal of lot line adjustment County P.C. hearing 1/15/81 12C75.1 Old Santa Cruz Hwy. Gillette 5- lot cluster subdivision ASA Committee 1/22/81 Mr. Ventura seconded. Unanimously carried. MANAGER ICMA Mrs. Cannon moved for adoption of Resolution No. 1981-11 DEFERRED entitled A RESOLUTION APPROVING THE ESTABLISHMENT OF THE COMPENSATION ICMA DEFERRED COMPENSATION PLAN AND PARTICIPATION IN SAID PLAN PLAN BY THE TOWN MANAGER, and authorize the Mayor to execute the appropriate documents. Mr. Ventura seconded. @@Unanimously carried. DRIVEWAY ACCESS Mr. Simons withdrew his request for a driveway access onto SARATOGA AVENUE Saratoga Avenue. REQUEST FOR Mr. Siemens moved to set a public hearing for March 2, 1981, STOP SIGNS to consider petitioner's request to place stop signs on WEDGEWOOD Wedgewood Avenue at Lora Drive, Mulberry Drive, and LaRinconada AVENUE Drive. Mr. Ventura seconded. Unanimously carried. BROADWAY Mayor Ferrito stated this was the time and place duly published EXTENSION 80-2, for public hearing for the Broadway Extension 80-2 Assessment ASSESSMENT District. Speaking in protest against the amount assigned to DISTRICT their properties were Jean McNamara and Harley Thompson. Written protests were filed by Jean McNamara, Harley Thompson, and Mr. LaCasse. Mr. Harley Thompson spoke on the possibility of flooding of his property due to work on this project. D. Raymond of WTW, engineers for this project, had not been aware of this possibility but would certainly Investigate. Mr. Arthur Strawn, 115 Broadway, spoke for the project. There being no one else wishing to speak on this project, Mrs. Rasmussen moved hearing be closed. Mrs. Cannon seconded. Unanimously carried. Mrs. Cannon moved for adoption of Resolution No. 1981-12 entitled A RESOLUTION OVERRULING PRO- TESTS ON RESOLUTION OF INTENTION NO. 1980-120, AS AMENDED (as there were less than 50'/. of the area affected by the assessment district protesting the district). Mr. Siemens seconded. Unanimously carried. Mrs. Cannon moved to retain the contribution of the Town of Los Gatos at 75% of the current bid. Mr. Ventura seconded. Unanimously carried. - 3 - 441 January 19, 1981 Los Gatos, California BROADWAY Mrs. Rasmussen moved for adoption of Resolution No. 1981- 13 EXTENSION 80-2, entitled A RESOLUTION OF INTENTION TO MAKE CHANGES AND MODI- ASSESSMENT FICATIONS, BROADWAY EXTENSION ASSESSMENT DISTRICT (hearing DISTRICT on this will be February 17, 1981). Mrs. Cannon seconded. (CONTINUED) Carried by vote of three ayes. Mr. Ferrito and Mr. Ventura voting no. Mrs. Rasmussen moved Council authorize Treasurer to negotiate for sale of bonds and report to Council on February 17, 1981. Mr. Siemens seconded. Unanimously carried. REASSESSMENT Discussion was held on possible changes in the smoking ordi- SMOKING nance in relation to the Neighborhood Center. Jill Cody, ORDINANCE Director of Community Programs, stated there are provisions for smoking in the back lobby of the Center, so people do not have to go outside to smoke. Necessary signs are posted and people have been made aware of the availability of smoking in the back lobby. On consensus motion, Mr. Ventura moved to propose an amendment to the smoking ordinance under Section 17-6 (b), first sentence, to read "Smoking is prohibited during public meetings except in specific seats designated for smoking and in lobbies". Mrs. Rasmussen seconded. Motion fails. Mr. Siemens, Mrs. Cannon, and Mayor Ferrito voting no. SENATE BILL 33 Mayor Ferrito referred to letter from the Bay Area Air RE: CLEAN AIR Quality Management District re SB 33 (inspection and Main- ACT tenance on Motor Vehicles), requesting Councills support for SB 33 by adopting a Resolution. Mrs. Rasmussen moved for adoption of Resolution No. 1981-14 entitled A RESOLUTION SUPPORTING THE PROPOSED INSPECTION/MAINTENANCE PROGRAM AS ESTABLISHED IN SB 33. Mr. Siemens seconded. Unanimously carried. PARK COMMISSION Shannon Shigemoto, student Park Commissioner in 1980, STUDENT stated interviews had been held by the Interviewing Committee, APPOINTMENTS and recommends appointments of Michael A. Gallagher and Pamela Sue Milstein as 1981 student Park Commissioners. Mrs. Rasmussen moved to accept Park Commission's recom- mendation, and appoint Michael A. Gallagher and Pamela Sue Milstein. Mr. Siemens seconded. Unanimously carried. COMMUNITY SER- Mayor Ferrito stated there are three vacancies on the Community VICES AND Services and Development Commission, and it is appropriate DEVELOPMENT to call for applications. Mrs. Cannon moved Clerk be author- COMMISSION ized to Notice the three vacancies in the newspaper, and call VACANCIES for applicants. Mrs. Rasmussen seconded. Unanimously carried. COUNCIL The date set for the Council training session will be TRAINING SESSION March 4, 1981, at 4:00 p.m. Also wish to note there is a joint Park Commission/Council meeting to be held on February 23, 1981, at 7:00 p.m. SURMONT DRIVE Mr. Van Houten, Public Works Director, spoke to Council on DRAINAGE complaints received from abutting property owners to PROBLEM Mr. Cosentino, and is recommending that Mr. Cosentino construct a lined ditch, or a redwood header board, to permanently establish positive drainage along the northerly property line into an existing storm drain at the northeast corner of his property. Albert Krysik, 159 Westhill Drive, spoke on damages to his property caused by the drainage problem, and presented a letter from Mr. Costouros, 163 Westhill Drive, who was also complaining of the drainage problems. Mr. Ed McCall also spoke on the problem. Mr. Cosentino stated he had built the necessary ditches that will take care of run off, and feels no further drainage is necessary. After further discussion, Mr. Ventura moved Mr. Cosentino comply with the engineer's request. Mr. Siemens seconded. Unanimously carried. - 4 - 442 January 19, 1981 Los Gatos, California WEST VALLEY Manager David Mora stated Police Department has been unable FILMING to contact representatives from West Valley College concerning REQUEST the proposed filming to take place on January 25, 1981. If staff is unsuccessful in contacting these individuals, then staff will withhold approval for the filming. KNOWLES DRIVE Mr. Van Houten, Director of Public Works, spoke on his report ASSESSMENT and stated the 6ngineer's report for the Knowles Drive DISTRICT Assessment District is near completion and is scheduled for presentation to the Council on February 2, 1981. MEDFLY Mr. Ventura moved Council accept staff report and approve a PROGRAM supplemental appropriation of $2,000 from the General Fund to Parks Department, Account 539, in order to pay expendi- tures on this program. (Separate accounting will be kept for later reimbursement by the State.,) Council will inform Senator Alquist and Assemblyman Konnyu that Town fully supports legislation to be introduced by Senator O'Keefe and Assembly- man Cortese to reimburse local government efforts in the eradication of the fruit fly. Mr. Siemens seconded. Unanimously carried. REPEALING Town Manager referred to Section 2-16 of the Town Code re SECTION 2-16 the requirement of a corporate surety bond for the Town TOWN CODE Manager. Mr. Mora stated that the Town Manager is not author- ized to sign checks or warrants for the Town, so a corporate surety bond is not necessary, and recommends that Section 2-16 be repealed. Mr. Ventura moved reading be waived for AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING CHAPTER 2, ARTICLE If OF THE TOWN CODE TO REPEAL SECTION 2-16 THEREOF. Mr. Siemens seconded. Unanimously carried. Mr. Ventura moved ordinance be introduced. Mr. Siemens seconded. Unanimously carried. Council adjourned to executive session at 11:10 p.m. Meeting reconvened at 11:35 P.m. TOWN ATTORNEY Mr. Ventura moved for adoption of Resolution No. 1981-15 CONTRACT WITH entitled RESOLUTION APPROVING EMPLOYMENT AGREEMENT BETWEEN TOWN OF LOS GATOS TOWN OF LOS GATOS AND WALTER V. HAYS OF HERRICK, LUNDGREN, HAYS, SHAFFER & LANCEFIELD, A LEGAL ASSOCIATION. Mr. Siemens, seconded. Unanimously carried. OTHER BUSINESS Mr. Ventura asked for Council permission to work with the Police Department in conjunction with the Chamber of Commerce to see if it is possible to get some sort of program to work with the merchants and try to curb the alarming rise in robberies in the community. If there are no objections, he stated, he would follow up on this. Mrs. Rasmussen asked Council to direct staff to check on Sunnyvale's rental only zone and see what legal problems they have had, and also to check on the Santa Barbara density bonus incentive program. She would like to know how that program (for apartment rental zoning) is working and what it involves. She stated that she would also like the Manager to research whether a ceiling could be placed on candidates' spending on elections. Mr. Siemens stated that a report on the Guadalupe Corridor 85 would be sent to Council for review next month. He also stated he had met with Mr. Ventura and other citizens regarding the issue of locating a bus depot, and the possibility of locating it on Town property. He has discussed this with Staff at County Transportation, and they say there is money available for funding when you are integrating public and private transportation. Mr. Siemens will pursue this further. - 5 - 443 January 19, 1981 Los Gatos, California ADJOURNMENT Mr. Ventura moved meeting be adjourned at 11:45 p.m. Mr. Siemens seconded. Unanimously carried. ATTEST: Rose E. Aldag Town Clerk 444 February 2, 1981 Los Gatos, California TOWN COUNCIL The Town Council of the Town of Los Gatos met in the Council Chambers of the Town Hall at 7:35 p.m. in regular session. ROLL CALL PRESENT: Ruth Cannon, MarLyn Rasmussen, Peter W. Siemens, and Mayor Thomas J. Ferrito. ABSENT: Brent N. Ventura. PLEDGE OF ALLEGIANCE Given by all in attendance. Mr. Brent Ventura arrived at 7:38 p.m. PRESENTATION Mayor Ferrito referred to the Great Race sponsored by the Western Federal Savings Bank that is held annually in January and wished to inform the public that Western Federal Savings does not make any money on this event, and all proceeds go to an organization that serves the community. Susan Waters and Don Hancock, representatives of Western Federal Savings, pre- sented Mr. Gene Goldberg, Director of the Los Gatos- Saratoga Recreation Department, a check in the amount of $7,309-70 (the entire proceeds from the Race) to be used to refurbish a room of the Recreation Department which is used by the public. Mr. Goldberg accepted the check and expressed his gratitude for the donation. MINUTES Mrs. Rasmussen stated the January 19, 1981 minutes, page 5, subject TOWN ATTORNEY CONTRACT should read "Mr. Ventura moved for adoption of Resolution No. 1981-15 approving the employment agreement between Town of Los Gatos and Walter V. Hays, as amended." Mrs. Cannon moved minutes be approved as corrected. Mr. Siemens seconded. Unanimously carried. WRITTEN 1. Letter from Daniel Cruz, Pacific West Track Club, requesting COMMUNICATIONS permission to hold their third annual Los Gatos- Vasona ]OK footrace, the event to be held March 1, 1981 at 9:00 a.m. Mr. Siemens moved to accept staff recommendation and grant permission to hold this event. Mrs. Cannon seconded. Unanimously carried. 2. Letter-from Tevis Dooley, Jr., 106 Cherry Blossom Lane, re Blossom Hill Tennis Court lighting. Mrs. Rasmussen moved to accept staff recommendation which states that re- adjustment of the lighting system will be implemented in early summer on a trial basis, and that neighboring property owners be notified of this decision and solicit their ideas at the end of the trial period. Mr. Siemens seconded. Unanimously carried. 3. Letter from Campbell Union School District in response to Town staff request of Campbell School Board re the use of Capri School. They state all school playgrounds in the Campbell Elementary School District are accessible to the public for play and recreation after school hours. No action. 4. Letter from Board of Supervisors of Napa County, urging the Town Council to take prompt action to support the proven programs that will successfully eradicate the Med- Fly. Later agenda item. 5. Letter from Tulare County Farm Bureau, urging Town Council to support federal, state, and county eradication efforts. Later agenda item. VILLA VASONA REFERENDUM Withdrawn from agenda for lack of signed certification. BID AWARD Mr. Siemens moved to accept staff recommendation and award 243-SS the contract to Wm. Blomquist Inc., in the bid amount of LOS GATOS $35,508-00 and authorize Mayor Ferrito to sign the contract CREEK BIKE on behalf of the Town; direct Town Clerk to file the Notice ROUTE of Determination of the negative declaration and appropriate $39,000 from the General Fund ($30,000 to be reimbursed by TDA Funds). Mr. Ventura seconded. Carried by vote of four ayes. Mrs. Rasmussen voting no. - I - 445 February 2, 1981 Los Gatos, California VERBAL Jacque Spillane, member of the Los Gatos-Saratoga League of COMMUNICATIONS Women Voters, presented Mayor and Council with a copy of their first publication on PROTECTING THE CALIFORNIA ENVIRON- MENT; A CITIZEN'S GUIDE. Also speaking to Council was a member of the Tr!-County Association, regarding memorandums which interpret the Los Gatos Rent Control (presented later in the agenda). VACATION OF PEDESTRIAN EASEMENT - FORBES MILL Withdrawn from the agenda. PREZONING Mayor Ferrito stated this was the time and place duly pub- ENGLEWOOD lished to consider the request for prezoning from R-1:8,000 AVENUE AREA to R-1:20,000 for Englewood Avenue area, from Shannon Road and Loma Street. Speaking for the rezoning was Arrita Frantz, 16345 Englewood Avenue. There being no one else wishing to speak on this issue, Mrs. Cannon moved hearing be closed. Mr. Siemens seconded. Unanimously carried. Mrs. Cannon moved Council make negative declaration. Mr. Ventura seconded. Unanimously carried. Mr. Siemens moved reading be waived for AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONING ORDINANCE EFFECTING ZONE CHANGE NO. PREZONING FROM R-1:8,000 to R-1:20,000. Mr. Ventura seconded. Unanimously carried. Mrs. Rasmussen moved ordinance be introduced with findings that this is consistent with the General Plan. Mr. Siemens seconded. Unanimously carried. ENGLEWOOD Mrs. Cannon moved for adoption of Resolution No. 1981-16 AVENUE NO. I entitled A RESOLUTION INITIATING PROCEEDINGS FOR THE ANNEXATION ANNEXATION OF CERTAIN UNINHABITED TERRITORY DESIGNATED AS ENGLEWOOD AVENUE NO. I TO THE TOWN OF LOS GATOS. (Public hearing set for March 16, 1981.) Mr. Siemens seconded. Unanimously carried. BUS STOP - Mrs. Cannon moved for adoption of Resolution No. 1981-17 NEW TOWN entitled BUS LOADING ZONE - LOS GATOS BOULEVARD, establishing a bus loading zone adjacent to New Town, located at 14595 Los Gatos Boulevard. Mr. Siemens seconded. Unanimously carried. AMENDMENT TO Mrs. Cannon moved for adoption of Resolution No. 1981-18 KAISER entitled RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE FOUNDATION TOWN MANAGER TO EXECUTE AN AMENDMENT TO THE GROUP MEDICAL HEALTH PLAN AND HOSPITAL SERVICE AGREEMENT, BETWEEN THE TOWN AND KAISER FOUNDATION HEALTH PLAN, INC. Mr. Siemens seconded. Unani- mously carried. BOAT RENTAL Mrs. Cannon moved Council accept staff recommendation and CONCESSION deny the request from Albert Sieber for permission to operate a boat rental concession business on Los Gatos Creek, down- stream from Vasona Dam. Mr. Siemens seconded. Unanimously carried. PARKLANDS ACT Mrs. Cannon moved Council accept staff recommendation and OF 1980 adopt Resolution No. 1981-19 entitled RESOLUTION OF THE TOWN OF LOS GATOS APPROVING THE PRIORITY PLAN FOR EXPENDITURE OF ALLOCATION OF FUNDS TO THE COUNTY OF SANTA CLARA FOR PARK, BEACH, RECREATIONAL AND HISTORICAL PRESERVATION PURPOSES, CALIFORNIA PARKLANDS ACT OF 1980, and direct staff to pursue grant applications. Mr. Siemens seconded. Unanimously carried. PROPOSITION 4 Mrs. Cannon moved Council reaffirm Council's action taken on REPORT June 16, 1980, concerning the appropriation of all Town General Fund balances to be considered as reserves within the meaning of Proposition 4. Mr. Siemens seconded. Unanimously carried. 2 446 February 2, 1981 Los Gatos, California MONTHLY Mrs. Cannon moved Council accept the Monthly Planning Report PLANNING regarding the Planning Department work priorities, January REPORT through March, 1981. Mr. Siemens seconded. Unanimously carried. NOTICE OF Mrs. Cannon moved for approval of Notice of Completion and COMPLETION Certificate of Acceptance for Tract 6446, Granada Way. TRACT 6446 Mr. Siemens seconded. Unanimously carried. ADOPTION OF Mrs. Cannon moved for adoption of Ordinance No. 1488 entitled ORDINANCE 1488 AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING CHAPTER 2, REPEALING ARTICLE If OF THE TOWN CODE TO REPEAL SECTION 2-16 THEREOF SECTION 2-16 (repeals the requirement of bond for Manager). Mr. Siemens OF TOWN CODE seconded. Unanimously carried. ZIENTEK ZONING Mrs. Cannon moved to accept staff response to Town Council’s COMPLAINT November 3, 1980 request for follow-up on possible zoning 100 TAIT and health violations at 100 Tait Avenue, which states that AVENUE Mr. Zientek's court action on this matter is scheduled to be determined on February 7, 1981. Mr. Siemens seconded. Unanimously carried. PAYROLL AND Mrs. Cannon moved to approve the January payroll in the amount WARRANT DEKANDS of $249,720-70 and January warrant demands in the amount of $319,462-39. Mr. Siemens seconded. Unanimously carried. MEDFLY Town Manager referred to report from staff on the MedFly PROGRAM eradication program giving a summary of volunteer activities through January and stating the MedFly coordinators funded by the State of California will be released on February 6, 1981, and that the U.S. Department of Agriculture and State officials are urging local communities to continue fruit stripping on a voluntary basis through the end of February, 1981. After further discussion, Mr. Siemens moved Council authorize continuation of the program through February 17, 1981. Mrs. Rasmussen seconded. Unanimously carried. Mayor Ferrito referred to IGC recommendation. Mr. Seemens moved for adoption of Resolution No. 1981-20 entitled A RESOLUTION IN SUPPORT OF LOCAL RETAIL FOOD-STORES AIDING IN THE ERADICATION EFFORT OF THE MEDITERRANEAN FRUIT FLY BY BUYING AND MARKETING LOCAL AGRICULTURAL PRODUCTION. Mrs. Rasmussen seconded. Unanimously carried. Mr. Blake, from audience, recommended the Council adopt an ordinance such as Saratoga and Sunnyvale have, which makes it mandatory for citizens to pick their fruit or get fined. Discussion was held on the enforcement of such an ordinance. Mrs. Rasmussen moved to refer this to the Town Attorney and that he be instructed to prepare an ordinance for the next meeting. Mrs. Cannon seconded. Unanimously carried. GREEN VALLEY Mrs. Cannon moved to accept staff recommendation and set a DISPOSAL - public hearing for February 17, 1981 to consider the request RATE INCREASE from Green Valley Disposal Company for an increase in rates. Mr. Siemens seconded. Unanimously carried. REQUEST FOR Planning Director Lee Bowman presented Council with Draft of PROPOSALS - Request for Proposals (RFPS) for Downtown Specific Plan. DOWNTOWN Discussion was held as to definition of downtown boundaries, SPECIFIC PLAN and staff was requested to clarify the definition. Speaking on the proposals were Lois Chapson, Karen Albenese, Robert Cowan, and Susan LaForge. After further discussion, Planning GENERAL PLAN Director was instructed to report back to Council at the next REVIEW meeting regarding the boundaries of the downtown area, but that this be deleted from the RFPS. Corrections were also made in the draft proposals regarding consideration for parking assessment district; input regarding traffic circu- - 3 - 447 February 2, 1981 Los Gatos, California REQUEST FOR lation; revision of schedule regarding hearing dates. PROPOSALS - Mr. Siemens moved the RFP for the Downtown Specific Plan DOWNTOWN be approved as corrected. Mrs. Rasmussen seconded. SPECIFIC PLAN, Unanimously carried. GENERAL PLAN REVIEW Discussion was held on the RFP for the General Plan Review (CONTINUED) and correction was made concerning the Hillside Density. Mr. Siemens moved the RFP for General Plan Review be approved as corrected. Mr. Ventura seconded. Unanimously carried. Council approved the composition of the Selection Committee, and Mayor Ferrito appointed Mrs. Cannon and Vice Mayor Siemens to the Selection Committee as Council representatives. The Planning Commission will also appoint a committee member. RECESS Mayor Ferrito declared a recess. The meeting reconvened at 9:55 p.m. SEMINAR FOR Mrs. Rasmussen moved the request of the Town Attorney, for TOWN ATTORNEY authority to attend the League of California Cities' program on Civil Rights Aspects of Municipal Law, be granted. Mr. Siemens seconded. Unanimously carried. LOS GATOS Council reviewed the report presented by staff. Mr. Charles BOULEVARD - Luckhardt, representative for the auto dealers on Los Gatos BIKE LANE Boulevard, spoke on the loss of parking spaces in front of PARKING dealerships and requested that parking be restored on the RESTRICTIONS north side of Shannon Road, east of Los Gatos Boulevard. Mr. Klepinger, Roger Ablamis, and Mrs. Franz spoke on the parking and bike lanes. After further discussion, Mr. Ventura moved Town to restore parking place on the east side of Los Gatos Boulevard, in front of West Valley Dodge. Mrs. Cannon seconded. Unanimously carried. Mrs. Rasmussen moved for adoption of Resolution No. 1981-21 entitled PARKING RESTRICTION - LOS GATOS BOULEVARD. Mr. Siemens seconded. Unanimously carried. KNOWLES DRIVE Mr. Sam Zullo, of Mark Thomas Company, spoke to Council re- ASSESSMENT garding the proposed project. Discussion was held as to DISTRICT cost of the project. After further discussion, Mrs. Cannon moved for adoption of Resolution No. 1981-22 entitled RESO- LUTION OF INTENTION. Mr. Siemens seconded. Unanimously carried. Mr. Ventura moved for adoption of Resolution No. 1981-23 entitled RESOLUTION APPROVING ENGINEER’S REPORT ON PROPOSED IMPROVEMENT IN TOWN OF LOS GATOS ASSESSMENT DISTRICT NO. 79-1 AND APPOINTING TIME AND PLACE FOR HEARING PROTESTS TO SAID IMPROVEMENT AND CALLING FOR BIDS ON SAID IMPROVEMENT. (Hearing set for March 16, 1981 and call for bids set for March 3, 1981 at 3:00 P.m.) Mrs. Cannon seconded. Unani- mously carried. COUNTY AND Mr. Ventura moved Council approve staff recommendations as SAN JOSE follows: REFERRALS 1332-31-53-8]La oleander Ave. overhulse Lot line adjustment County is processing Council recommends denial due to substandard lot size of one of the resulting lots. 993-30-52-8OLa Englewood Ave. Beadle Appeal of lot line adjustment Appeal denied, application approved by P.C. 1-15-81. 12C75.1 Old Santa Cruz Hwy. 5-lot cluster subdivision continued to ASA Committee, to-date uncertain. - 4 - 448 February 2, 1981 Los Gatos, California COUNTY AND T 81-1-6 Harwood Road Old Orchard Development SAN JOSE 7-lot Subdivision Authorize Mayor to communicate directly REFERRALS with the Mayor of San Jose to request a boundary adjustment (CONTINUED) to bring this property into Los Gatos. Mr. Siemens seconded. Unanimously carried. PERS Mrs. Cannon moved for adoption of Resolution No. 1981-24 INVESTMENT entitled A RESOLUTION RECOMMENDING REVIEW OF CURRENT INVEST- POLICIES MENT POLICIES BY PERS BOARD OF DIRECTORS. Mr. Siemens seconded. Unanimously carried. Mrs. Rasmussen requested that a copy of the adopted resolution be sent to the IGC; Mr. Allen, Mayor of Mountain View; and Mr. Teglia, Mayor of Daly City. RENTAL It was consensus of Council to agendize this issue for the MEDIATION meeting of February 17, 1981, and that subcommittee members, ORDINANCE Mr. Siemens and Mrs. Rasmussen, meet with the Town Attorney to review the ordinance and report to Council at the next meeting. TOWN OWNED LOT Discussion was held on report from Community Services and WILDER AVENUE Development Commission. It was consensus of Council that this be held for a later report at the March 2, 1981 Council meeting. USE OF Mrs. Rasmussen moved Council accept staff recommendation to NEIGHBORHOOD allow the Art Docents to have office space at the Neighbor- CENTER BY hood Center. Mr. Ventura seconded. Carried by vote of ART DOCENTS four ayes. Mr. Ferrito abstained due to possible conflict of interest. DENSITY Mr. Ventura moved Council accept staff recommendation and TRANSFER ask the Midpeninsula Regional Open Space District to submit ORDINANCE a suggested density transfer ordinance and any information, to the Town,for their consideration. Mrs. Cannon- sej=onded. Unanimously carried. BROADWAY On request of Town Treasurer, Council authorized staff to EXTENSION increase assessment district costs by $12,000. Mr. Siemens ASSESSMENT moved request be granted. Mrs. Cannon seconded. Unani- DISTRICT mously carried. COUNCIL Mr. Ventura reported on the budgetary meetings regarding REPORTS HCDA Funds and stated the Town will get $100,000 for the Rehabilitation program, and the organization running the BMP program received full funding. Mrs. Cannon reported on the number of meals served by Live Oak Nutrition Center, and also named the off;riers on the Board. Mr. Siemens reported on the Transportation Committee meeting, stating that the major presentation regarding Corridor 85 will be made at the IGC meeting on Thursday, February 5, 1981. Mayor Ferrito complimented the Police Department on their burglary suppression program and shoplifting prevention program. ADJOURNMENT Mayor Ferrito declared the meeting adjourned at 12:00 midnight. ATTEST: Rose E. Aldag Town Clerk 5 ྭ February 17, 1981 449 Los Gatos, California TOWN COUNCIL The Town Council of the Town of Los Gatos met in the Council Chambers of the Town Hall at 7:38 p.m. in a regular session. ROLL CALL PRESENT: Ruth Cannon, Marlyn J. Rasmussen, Peter W. Siemens, Brent N. Ventura and Thomas J. Ferrito. ABSENT: None. PLEDGE OF ALLEGIANCE Given by all in attendance. Mrs. Rasmussen introduced Barbara and Richard Look, from London, who were visiting the United States. MINUTES Mr. Siemens moved minutes of February 2nd, 1981, be approved as submitted. Mr. Ventura seconded. Unanimously carried. WRITTEN 1. Letter from Permit Service Company, on behalf of their client, COMMUNICATIONS Mobil Oil Corp., at 666 N. Santa Cruz Avenue, requesting (ACTION) amendment to Town Sign Ordinance to exempt the State re7,-iired signs from the allotted sign area. Council referred this item to Planning Commission and asked them to consider amending the sign regulations in the C-2 zone to slightly increase the maximum sign area for ground signs. 2. Letter from Sandy Louthian, resigning from the Cultural Resources Commission. Mr. Siemens moved Council accept resignation with regret and prepare a Resolution of Commendation. Mr. Ventura seconded. Unanimously carried. Mayor referred to memo from Town Clerk re three vacancies on the Community Services and Development Commission. Mrs.- Cannon moved interviews be set for March 2, 1981. Mr. Siemens seconded. Unanimously carried. WRITTEN 1. Letter from National Arbor Day Foundation, stating Los Gatos COMMUNICATIONS has been named as a 1980 Tree City U.S.A. State Forester's (REFERRALS) office will be coordinating the presentation with the Town. Discussion to be held - item VII A-8, later agenda item. 2. Letter from O.L. Johns, re problems relating to the completion of his commercial building at 151 N. Santa Cruz Avenue. Referred to Town Attorney for response. 3. Letter from Mara Hook, 20 Peralta Avenue, protesting the no parking on N. Santa Cruz Avenue on Sunday afternoons. Staff to respond to Mrs. Hook's letter and a copy of the latest Police report be sent to Mrs. Hook. 4. Notice from Pacific Gas & Electric of application filed with the Public Utilities Commission for increase of electric rates. 5. Letter from County of Santa Clara Paratransit Coordinating Council, re transportation needs for dialysis patients and asking Council to relax the service boundaries so the patients may be served through the TDA Program. Referred to staff for report. 6. Letter from Mary Hathcoat, President of Los Gatos Meadows Residents Association, protesting the approval of a game arcade in Lyndon Plaza complex. Later agenda item. 7. Revenue and expenditure reports for month of January, 1981, from the Office of Town Clerk, 8. Treasurer's monthly report for January, 1981. VILLA VASONA Town Manager referred to referendum petition certification from REFERENDUM the Town Clerk, which stated the petition contained 3,166 signatures PETITION with 2,805 qualifying. This was certified to the Clerk by the CERTIFICATION County Registrar of Voters. After some discussion as to time schedule, Mr. Ventura moved for adoption of Resolution No. 1981-25 entitled, A RESOLUTION CALLING A SPECIAL ELECTION FOR MAY 12, 1981, IN RESPCNSE TO A REFERENDUM PETITION CONCERNING TOWN ORDINANCE NO. 1485 REZONING PROPERTY COMMONLY KNOWN AS THE VILLA VASONA. Authorize execution of whatever agreements are necessary to provide that the County Registrars' Office conduct the special election; and appropriate $12,000, from the unappropriated General Fund Reserve to the Election Budget for payment to the County for the conduct of the special election. Siemens seconded. Unanimously carried. 1 450 February 17, 1981 Los Gatos, California VERBAL Jo Bartlett, Oak Hill Way, spoke to Council on the subject of COMMUNICATIONS recycling in conjunction with the Green Valley Disposal rate increase request and this be required before any new agreements signed. Town Manager, Mr Mora, stated this has been discussed and will possibly be implemented at a later date. Bob Hamilton asked for time schedule for presenting arguments on the Villa Vasona Referendum election. Mayor asked Mr. Hamilton to contact the Town Clerk tomorrow for this information. BROADWAY Mayor Ferrito stated this was the time and place duly published EXTENSION for public hearing on the Changes and 1,Aodifications on the ASSESS,@NT assessment spread for Broadway Extension Assessment District. DISTRICT Jean McNamara, 101 Broadway, spoke in opposition to the assessment spread, as she does not feel it is equal. Harley Thompson, 156 Massol Avenue, owner of 100 Broadway spoke on the assessment. her. Phil Assaf, Banding Attorney, for the project spoke to Council re the assessment spread. There being no one else wishing to speak on this issue, Mrs. Rasmussen moved hearing be closed. Mrs. Cannon seconded. Unanimously carried. Further discussion was held as to the possibility of changing the assessment spread again. Town Engineer, James Van Houten, explained this could not be done without starting over with new hearings, etc. After said discussion, 1,Ars. Cannon moved for adoption of Resolution No. 1981-26 entitled, A RESOLUTION ORDERING CHANGES AND MODIFICATIONS BROADWAY EXTENSION ASSESSMENT DISTRICT. Mr. Ventura seconded. Carried by a vote of four ayes. Mr. Siemens voting no. Mrs. Cannon moved for adoption of Resolution No. 1981-27 entitled, A RESOLUTION AND ORDER ADOPTING ENGINEER’S REPORT, CONFIRMING THE ASSESSMENT AND ORDERING THE WORK AND ACQUISITIONS - BROADWAY EXTENSION ASSESSMENT DISTRICT. Mrs. Rasmussen seconded. Unanimously carried. Mrs. Cannon moved for adoption of Resolution No. 1981-28 entitled, A RESOLUTION OF AWARD OF CONTRACT - BROADWAY EXTENSION ASSESSMENT DISTRICT. Mrs. Rasmussen seconded. Unanimously parried. Mrs. Cannon moved for adoption of Resolution No. 1981-29 entitled, A RESOLUTION DESIGNATING COLLECTION OFFICER - BROADWAY EXTENSION ASSESSMENT DISTRICT. Mrs. Rasmussen seconded. Unanimously carried. Mrs. Cannon moved for adoption of Resolution No. 1981-30 entitled, A RESOLUTION AWARDING SALE OF BONDS - BROADWAY EXTENSION ASSESSMENT DISTRICT. Mrs. Rasmussen seconded. Unanimously carried. Mr. Ventura moved to allocate $29,861-44, from appropriated, Unallocated 2107 Gas Tax Funds, to supplement funds already budgeted for this project. Mrs. Cannon seconded. Unanimously carried. Mrs. Rasmussen moved to direct Clerk to forward an Extract of Public Works Contract Award to the Department of Industrial Relations within five days of award of contract. Mrs. Cannon seconded. Unanimously carried. Again discussion was held on the assessment spread and the possibility of lowering some assessments. Mr. Siemens moved to reopen the hearing on the assessment spread. Mrs. Rasmussen seconded. Mr. Assaf, Bonding Attorney, stated that means an extension would have to be put on Award of Contract and new hearings would have to be held. Mr. Stoops, Town Treasurer, spoke on possibility of having to get new bids for sale of bonds. Mrs. Cannon stated the Town is paying most of cost of this project and feels ail properties are benefitting by it. Mr. Ferrito and Mr. Ventura also opposed reopening of said hearing. Mrs. Rasmussen withdrew her second. Motion died for lack of a second.(amended march 2, 1981) Mr. Stoops, referred to his report re printing of bonds for this assessment district and requested these bonds be numbered Series 81-1 and term of bonds run for 12 years instead of 15 years, and he also spoke on reserve to be set up for bonds on the assessment district. Mr. Siemens moved to accept Mr. Stoops' report. Mrs. Rasmussen seconded. Unanimously carried. 2 February 17, 1981 451 Los Gatos, California GENERAL PLAN Mayor Stated this item would not be heard tonight but will be AMENDMENT continued to March 16, 1981, as designated on the agenda. EDELEN/UNIVERSITY People in audience who were present to speak on this issue AREA agreed to the continuation. APPEAL - GAME Mayor Ferr4to stated this was the time and place duly published ARCADE - LYNDON to consider the appeal of Planning Commission decision to PLAZA approve a game arcade at the Lyndon Plaza complex. Planning Director, Lee Bowman, spoke on the application and the restrictions the Planning Commission had placed on the approval of said application. Speaking against the arcade were John Marshall, Mrs. Coker, Arlene Desin, Mr. Troglin, Joe Steiner Deanne Baumgartner, Jay Desin, Pamela Knepper, Michael Silva, Mari DeVane, Barbara Ashwell, Ann Jennings, Dave Stonesifer, and Gail Randolph. These people felt it would cause many problems and were very much opposed to the arcade. George Smith, Attorney, spoke for the arcade and asked Council to reaffirm the findings of the Commission, stating this business would be an adult oriented facility and the applicant has a similar business in San Mateo and they have no problems. Mr. Johnson, Attorney, also spoke for the arcade stating it is not a pe@ arcade but an amusement game center and the application was reviewed by the Chief of Police. Mr. Richard Gaines, Chairman of the Planning Commission, spoke on restrictions that the Planning Commission had placed on this approval. Kathy Morgan, President of the Los Gatos Homeowners Association, stated the Homeowners wished to express their opposition to this project. After further discussion, Mrs. Rasmussen moved hearing be closed. Mr. Ventura seconded. Unanimously carried. @. Ventura moved for adoption of Resolution No. 1981-31 entitled, A RESOLUTION REVERSING A DECISION OF THE TOWN PLANNING COMMISSION, as the Planning Commission erred in its decision, in that the proposed use: is not desirable to the public convenience or general welfare; would be detrimental to the public health, safety and general welfare; is to intense for the center and the neighborhood; and would create traffic and circulation problems. Therefore, the Conditional Use Permit is denied. Mr. Siemens seconded. Unanimously carried. CREATION OF RDT Mayor Ferrito stated this was the time and place duly published (RESIDENTIAL to consider the public hearing on the creation of a new zone DOWNTOWN ZONE) called Downtown Residential Zone. Sam Laub, Chairman of the General Plan Committee and member of the Planning Commission, spoke on the attempt of the Committee to establish this zone. Discussion was held by Council re hiring of consultants to give input on the zoning of this area and Council does not feel they should establish a new zone before a study is made by consultants. Sue LaForge, Manager of the Chamber of Commerce, spoke against the creation of said zone. She feels University Avenue should be considered commercial as well as residential and the reason for study is to eliminate the non-conforming uses in the downtown area. Bob Cowan, 222 Tait Avenue, stated this proposed zone is strictly R-1. William Cranston, 16461 S. Kennedy Road, stated the problem in the down@on-n area is parking. Gene Thompson, 202 University Avenue, stated at the Planning Commission meeting many people on University and Edelen Avenue opposed this zoning. Zona Boyer, stated University Avenue should be commercial. After further discussion, Mrs. Rasmussen moved hearing be closed. Mr. Siemens seconded. Unanimously carried. Mr. Ventura moved this matter be continued to March 2nd, 1981. Mrs. Cannon seconded. Unanimously carried. GREEN VALLEY Mayor Ferrito stated this was the time and place duly published DISPOSAL - RATE to consider the request for rate increases for Green Valley INCREASE Disposal Co. William Grafton, CPA for Green Valley Disposal, spoke for the increase. There being no one else wishing to speak on this issue, Mrs. Rasmussen moved hearing be closed. Mr. Ventura seconded. Unanimously carried. Mrs. Cannon moved for adoption of Resolution No. 1981-32 entitled, RESOLUTION APPROVING RATE INCREASES REQUESTED BY GREEN VALLEY DISPOSAL, 3 452 February 17, 1981 Los Gatos, California GREEN VALLEY authorize staff to work with the staff from Monte Sereno, DISPOSAL - RATE Campbell and Saratoga in the development of a Master INCREASE Franchise Agreement with Green Valley Disposal Co., effective (CONTI1NUED) January 1, 1983 and authorize staff to prepare an amended agreement between the Town and Green Valley Disposal Co., so that the current agreement will terminate December 31,1982. Mrs. Rasmussen seconded. Unanimously carried. VACATION - Mayor Ferrito stated this was the time and place duly noted for PEDESTRIAN continued hearing on the proposed vacation of a portion of EASEMENT - FORBES the public pedestrian access easement lying entirely in parcel MILL "A", Forbes Mill. James Van Houten, Director of Public Works, stated the portion of the public pedestrian access easement is unnecessary for present or prospective public purposes. There being no one else wishing to speak on this issue, Rasmussen moved hearing be closed. Mrs. Cannon seconded. Unanimously carried. Mrs. Cannon moved for adoption of Resolution No. 1981-33 entitled, ORDER VACATING A PORTION OF THE PUBLIC PEDESTRIAN ACCESS EASEME14T LYING ENTIRELY IN PARCEL "All FORBES MILL, and Mayor to sign on behalf of the Town. Clerk to record the order. Mr. Ventura seconded. Unanimously carried. RENTAL MEDIATION Discussion was held on report from the Town Attorney re ORDINANCE clarification and/or amendments of the Mediation Ordinance, which states that the subcommittee consisting of Mrs. Rasmussen and Mr. Siemens met with the Town Attorney. The proposed. amendments are before Council and pertain to (1) Voluntary Vacancies; (2) Frequency of Rent Increases; (3) Coverage of Section 8 Units and; (4) Enforcement of Regulatory Fee. Speaking on these different proposals were Marge Bosetti, Bobbie Crawford, Gordon Martin, Randy Grimes, Mr. Kato and Loreta Eberhardt. Mx. Ventura abstained from any discussion. Mrs. Rasmussen moved for introduction of the proposed urgency ordinance. Mrs. Cannon seconded. Motion failed as Mr. Siemens and Mayor Ferrito voted no and Mr. Ventura abstained. After further discussion, Mrs. Rasmussen moved this matter be referred back to committee for further study and retort back to Council in two weeks. Mr. Siemens seconded. Carried by vote of four ayes. Mr. Ventura abstained. MEDIATORS CONTRACT Town Attorney, Mr. Hays, presented amendments to contract of mediators as follows: 1. Eliminate the "hold harmless" paragraph entirely and 2. Amend the "independent contractor" paragraph to add the following language at the end, "except that mediator shall be deemed an employee for purposes of Government Code Section 825". Mr. Siemens moved for approval of said changes as proposed. Mrs. Rasmussen seconded. Carried by vote of four ayes. @Ar. Ventura abstained. COUNTY REFERRALS Mr. Siemens moved Council accept staff recommendations on the following: 1334-27-44-81B Old Santa Cruz Hwy Miller Remodel existing single family home. 1336-27-44-81V Hebard Way Satterthwaite Variance to reduce front yard setback from 30ft to 18ft. No comment. 1338-27-44-81B Arapaho Trail Miller Single family home No comment. 12S78.1 Old Santa Cruz Hwy Cheatham Time Ext. for 2-lot subdiv. No comment. 1305-30-52-80Z Englewood Ave. Frantz Zone change from R-1:8 to R-1:20 P.C. favors rec to Bd. of Sups. 215181. 993-30-52-SOLA Englewood Ave. Beadle Appeal of lot line adjustment Appealed to Bd. of Sups. to be heard 2/23/81. Mrs. Cannon seconded. Unanimously carried. 4 February 17, 1981 4 5 3 Los Gatos, California REZONING Mr. Siemens moved for adoption of Ordinance No. 1489 entitled, ENGLEWOOD AVENUE AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONING AREA ORDINANCE EFFECTING ZONE CHANGE NO. 47 PREZONING FROM P,- I:8,000 To R-1:20,000. Mrs. Cannon seconded. Unanimously carried. WEED ABATEMENT Mr. Siemens moved for adoption of Resolution No. 1981-34 entitled, A RESOLUTION DECLARING WEEDS A PUBLIC NUISANCE AND PROVIDING FOR THEIR ABATEMENT. (Setting public hearing for March 16, 1981). Mrs. Cannon seconded. Unanimously carried. POLICE ACTIVITY Mr. Siemens moved Council accept report on Police Activity REPORT - 4TH fourth quarter and annual summary for 1980. Mrs. Cannon QUARTER seconded. Unanimously carried. BUILDING ACTIVITY Mr. Siemens moved Council accept report on building activity REPORT report for calendar year 1980. Mrs. Cannon seconded. Unanimously carried., TRACT 6597 FOSTER Mrs. Cannon moved for adoption of Resolution No. 1981-35 AND TOURNEY ROADS entitled, RESOLUTION APPROVING AND ACCEPTING FINAL MAP OF TRACT NO. 6597. Mr. Siemens seconded. Carried by vote of four ayes. Mr. Ventura voting no. AMENDMENT TO Mr. Siemens moved for adoption of Resolution No. 1981-36 MEMORANDUM OF entitled, A RESOLUTION AMENDING A MEMORANDUM OF UNDERSTANDING UNDERSTANDING FOR BETWEEN THE TOWN OF LOS GATOS AND LOCAL 101 OF THE AMERICAN CORP. YARD UNIT FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES (CORPORATION YARD UNIT). Mrs. Cannon seconded. Unanimously carried. ARBOR DAY It was consensus of Council that March 7, 1981 be proclaimed PROCLAMATION as California Arbor Day and Mayor will sign said proclamation. STATE HISTORICAL It was consensus of Council to request a written report from BUILDING CODE Building Official, Archie Watson, which would answer questions as presented by Nicole Clapp, Chairman of Los Gatos Heritage Preservation Society, and a copy of said report be sent to Mrs. Clapp. COUNTY SANITATION Mr. Steve Goodman, District Manager of Sanitation District DISTRICT #4 #4, reported to Council on treatment and disposal of waste water collected by County Sanitation District #4 through the San Jose/Santa Clara Water Pollution Control Plant. Council accepted report. DOWNTOWN SPECIFIC Mrs. Cannon moved Council approve proposed map showing suggested PLAN - PROPOSED boundaries of downtown area to be used in the Specific Plan AREA Study. Mr. Ventura seconded. Unanimously carried. COSENTINO - Council reviewed report from Director of Public Works which DRAINAGE PROBLEM recommends that necessary drainage be installed to carry storm waters from causing damage to abutting properties. Speaking on the subject was Mr. Krysik, 159 Westhill Drive, who presented photographs and stated in the last storm.. water did run over his property from the Cosentino property. Mr. Cosentino also presented photos and stated there is no drainage from his property that goes on to any neighbors property. After discussion, Mr. Ventura moved to accept staff recommendation and require Mr. Cosentino to install a 2 in. x 12 in. redwood header board and ditch along the northerly boundary of the property by March 16, 1981, and if not done by said date, direct Town Attorney to initiate legal. action. Mrs. Cannon seconded. Unanimously carried. MEDFLY PROGRAM Mr. Robert Bryant, Superintendent of Parks and Forestry spoke on the project and asked that program be continued through February 1981. Mr. Al Blake spoke on the importance of the program and thanked Council for their participation. Lila June McGrath, representing a group of doctors, spoke against aerial spraying because of health hazards. Mayor stated the Town Attorney has been instructed to prepare an ordinance against spraying. Mr. Ventura moved Council should go on - 5 - 454 February 17, 1981 Los Gatos, California MEDFLY PROGRAM record against aerial spraying. Mr. Siemens seconded. (CONTINUED) Unanimously carried. Town Attorney to have report re spraying at the next meeting. Mr. Siemens moved Council authorize the Manager to appropriate necessary funds for the first, class mailing to residents in Town re necessity of stripping fruit and penalties if not done. Mr. Ventura seconded. Unanimously carried. Mr. Ventura moved for adoption of Urgency Ordinance No. 1490, AN URGENCY ORDINANCE OF THE TOWN OF LOS GATOS DECLARING CERTAIN TYPES OF FRUIT TO BE A PUBLIC NUISANCE. IMPOSING PENALTIES FOR FAILURE TO STRIP SUCH FRUIT UPON WRITTEN REQUEST, AND REQUIRING DESTRUCTION OF SUCH FRUIT BY THE METHODS SET FORTH IN THE TOWN CODE FOR ABATEMENT OF WEEDS, as amended. Mr. Siemens seconded. Unanimously carried. INTENSITY INVENTORY - LOS GATOS PARK SITES Continued to February 23, 1981. TAX OVERRIDE MEASURE Continued to February 23, 1981. MID-Y@ FINANCIAL REPORT Continued to February 23, 1981. VACANCIES OF Town Manager reported on the upcoming vacancies of different BOARDS AND Town Boards and Commissions. Mr. Siemens moved Council accept COMMISSIONS Managers report and instruct the Town Clerk to publish notice of vacancies and set interview dates. Mr. Ventura seconded. Unanimously carried. Council also requested staff report on Council policy re reappointments to Commissions. NOVITIATE PARK Park Commission requested, if possible, Council members revisit SITE- the Novitiate Park site located at the end of Jones Road prior to the combined study session that is scheduled for February 23, 1981. No action taken. PARKING ADVISORY Mr. Ventura moved Council disband the Parking Advisory Commission COMMISSION and thank them for their work on this Commission. Also, direct Resolution of Commendations be prepared for each member. Mr. Siemens seconded. Unanimously carried. ORT Mayor referred to letter from CRT (Organization for Rehabilitation PROCLAMATION through Training. Mr. Ventura moved proclamation be prepared proclaiming March 4, 1981 as "ORT DAY IN LOS GATOS". Mr. Siemens seconded. Unanimously carried. OTHER BUSINESS Mr. Ventura questioned counties approval of building permits for homes along the outer extremities of Blackberry Hill Road, this is undermining the Town/County Hillside Plan and is violating the policies of the Hillside Plan. Staff to report back to Council at their next meeting. Mr. Siemens spoke on Board of Control Analysis of Guadalupe Corridor and asked for Council support of staff recommendation. Mayor stated IGC has already made a recommendation. Mrs. Rasmussen stated she would like to submit Gladys Harrison's name for appointment to the Metropolitan Transportation Commission. ADJOURNMENT Mrs. Canon moved meeting be adjourned at 1:10 a.m., Wednesday, February 18, 1981, to 7:00 p.m., Monday, February 23, 1981. Mr. Siemens seconded. Unanimously carried. ATTEST: Rose E. Aldag Town Clerk 6 February 23, 1981 455 Los Gatos, California TOWN COUNCIL The Town Council of the Town of Los Gatos met in the Council Chambers of the Town Hall at 8:35 p.m., in continued regular session. PRESENT: Ruth Cannon, Marlyn J. Rasmussen, Peter W. Siemens, Brent N. Ventura and Thomas J. Ferrito. 80-81 MID-YEAR Town Manager, David Mora, presented Council with a @!Lid- Year BUDGET REPORT budget report for the fiscal year 1980-81, stating this report provides an analysis of the Tow-nls current financial condition. He spoke on the need for revision of the Town revenue estimates; supplemental appropriations for general fund activities; the adoption of a new resolution establishing a Proposition 4 appropriations limit; and the adoption by Town Council of specific policies dealing with Town finances. Discussion was held on the status of 1980-81 budget. After further discussion, Mrs. Cannon moved Council accept Town Manager's recommendations and revise Town revenue estimates as detailed in said report. Mr. Siemens seconded. Unanimously carried. Mrs. Cannon moved Council approve supplemental appropriations from current year anticipated General Fund revenues to the following budget: Town Council $ 552.00 Town Manager 23,202.00 Town Attorney 23,165.0O General Services 9,388.00 Planning Department 12,500.00 Police Department 22,550.00 Appropriated Contingency 122,399.00 Total $213,756.00 Mrs. Rasmussen seconded. Unanimously carried. Mr. Ventura moved for adoption of Resolution No. 1981-37 entitled, A RESOLUTION SETTING AN APPROPRIATIONS LIMIT FOR REVENUE GENERATED FROM "PROCEEDS OF TAXES" PURSUANT TO ARTICLE XIII B OF THE STATE CONSTITUTION, (establishing a General Fund appropriations limit for the current fiscal year). Mrs. Cannon seconded. Unanimously carried. FINANCIAL Mrs. Cannon moved for adoption of the following amended POLICIES FOR THE financial policies for the Town of Los Gatos: TOWN a. Town’s current year operating budgets shall only be funded by current year revenue; b. The Town shall maintain a Reserve for Future Expenditures no less than twenty-five (25%) percent of the then current year operating budget; C. The Town shall establish reserves for known future liabilities at no less than fifty (50%) percent of the anticipated liability; d. The Town shall accept special grant funds only for one- time capital improvements or one-year special programs; e. The Town shall maximize interest earning from reserves (as has been done by the Town Treasurer). Mr. Ventura seconded. Unanimously carried. REQUEST FOR Mayor Ferrito referred to letter from Los Gatos Union School FINANCIAL District requesting financial assistance for the new gymnasium ASSISTANCE under construction at Fisher School. Mr. Wesley Walton, FISHER SCHOOL Superintendent of School District spoke on the construction giving the amounts of monies that have been donated and gave a break down of funds needed for construction of a roof over span area between existing shower and locker building and the new gymnasium ($57,000); retractable bleachers ($60,000); and accoustical wall panels ($10,000), totaling $127,300. Discussion was held as to the use of these facilities when completed. Committee members Sheryl Mondt and Harvey Diesner - 1 - 456 February 24, 1981 Los Gatos, California REQUEST FOR spoke on the use of building upon completion, stating it FINANCIAL would be used by the community and not as a sport facility ASSISTANCE - only. After further discussion, fair. Ventura moved FISHER SCHOOL Council approve the appropriation of $57,000, from current (CONTINUED) year contingency for the construction of the roof structure at Fisher Elementary School. Authorize staff to negotiate and execute an agreement with the Los Gatos Union School District, indicating the amount of money agreed upon, the source of funds and what the money will be used for. Mrs. Cannon seconded. Unanimously carried. ADJOURNMENT Mayor declared the meeting adjourned at 10:35 p.m. ATTEST: Rose Aldag Town Clerk 2 March 2, 1981 Los Gatos, California TOWN COUNCIL The Town Council of the Town of Los Gatos met in the Council Chambers of the Town Hall at 7:32 p.m., in regular session. ROLL CALL PRESENT: Ruth Cannon, MarLyn J. Rasmussen, Peter W. Siemens Brent N. Ventura and Mayor Thomas J. Ferrito ABSENT: None. PLEDGE OF ALLEGIANCE Given by all in attendance. MINUTES Mrs. Rasmussen requested the following amendment to the February 17, 1981 minutes: ARBOR DAY PROCLAMATION - to reflect that she requested staff to report on the consideration of a change in the Town Logo and this be agendized at a later date. Mr. Ventura requested the following amendment to the February 17, 1981 minutes: BROADWAY EXTENSION ASSESSMENT DISTRICT - to reflect that it was consensus of Council to oppose any delay on reconsideration of changing the assessment spread as this would lead to increased costs to the people involved. Mrs. Rasmussen moved minutes of February 17th and 23rd, 1981, be approved as amended. Mrs. Cannon seconded. Unanimously carried. CO"AU,-4TCATIGi4S 1. Letter from Lu Ryden, Councilwoman of the City of San Jose, urging Council Is support of A-BI89, which provides for a surcnarge on criminal fines in Santa Clara County @c) assist in funding the construction of courts and Jails. i@Ars. Rasmussen moved for adoption of Resolution No. 1981-38 entitled, RESOLUTION SUPPORTING AB 139. Mr. Siemens seconded. Unanimously carried. Copy of this resolution to be mailed to Lu Ryden, Dominic Cortese and to the State Legislators. 2. Letter from Babet Financial Corporation, requesting street name change for units located in White Oaks Village Located on South Bascom Avenue, just south of the intersection at White Oaks Road. Mrs. Rasmussen moved to accept staff recommendation and staff to forward this to Campbell as it is in Campbell’s Urban Service area. Mr. Ventura seconded. Unanimously carried. 3. Claim for damages filed on behalf of Rey Wheeler, 15720 Winchester Boulevard. Ventura moved claim be denied. Mrs. Rasmussen seconded. Unanimously carried. 4. Letter from Los Gatos Chamber of Commerce, informing Council of their Annual Spring Sidewalk Sales Days to be held on March 13th and 14th, 1981. They are requesting Council's permission to use the sidewalks plus the Town Plaza for those days. Mr. Ventura moved request be granted. Mrs. Cannon seconded. Unanimously carried. 5. Letter from Shell Oil Company, regarding the sign ordinance restriction and requested an amendment to the sign ordinance. Mobil Oil has previously made such a request and it is consensus of Council this be continued to March 16, 1981. Planning to report back Lo Council an both requests. 6. Letter from Board of Directors of the Los Gatos Muse= requesting the Town of Los Gatos to make an addition to their building located at the corner of Main and Tait. Referred to staff to be included in the budget proposals. 7. Letter from O.L. Johns, regarding his uncompleted building at 151 N. Santa Cruz Avenue. Referred to staff for response. - 1 - 458 March 2, 1981 Los Gatos, California COMMUNICATIONS 8. Letter from Larry Arzie of the Los Gatos Porch regarding (CONTINUED) the property located between Santa Cruz Avenue and the S.P. Rig@t-cf-way, which formerly housed Meadow Gold Creamery. He requests the Town Look into condemnation proceedings on this parcel for use as a public street, then both sides of the street could be used for public parking. Referred to staff for report as to the feasibility of request. 9. Notice from Pacific Gas and Electric of application filed with the Public Utilities Commission for authorization Lo increase gas rates. Note and file. 10. Citizens For A Better Environment Newsgram, regarding the eradication of tile Fruit Fly. BID AWARD Mrs. Cannon moved to accept staff' recommendation and award the CAMINO DEL SOL contract to R.H. Wehner Construction Company in the a-mount of STREET CLOSURE $18,508.00, and authorize Mayor and Clerk to sign standard PROJECT 248-SS contract on behalf of the Town. Also, allocated $21,500.00, of already appropriated 2107 Gas Tax funds to cover construction costs and approximately 10% contingencies for the project. Mr. Ventura seconded. Unanimously carried. VERBAL Lois Davis, 17137 Wedgewood Avenue, spoke of traffic problems COMMUNICATIONS at Winchester and Lark Avenue intersection. She asked Council if it would be possible to put in a left lane turn to eliminate the traffic problem. Mr. Mora, Town Manager, stated this project is included in the 6 year Capital Imporvement Plan and will be before the Council for review within the next few weeks. Mr. Davis then spoke to Council on various problems caused by the Knights of Columbus renting their building, 17115 Wedgewood Ave., to various people a-Lid organizations. After some discussion this was referred to staff for study and report back to at their next meeting. Ron Iudice, from audience, also spoke on problems arising use of a condemned house by persons in the Wedgewood area. Staff to look into this problem. Mr. Egon Jensen, 182 Lester Lane, member of the Los Gatos Tax- payers Association, referred to street construction being done in the Town and asked who is responsible for these jobs being done correctly. Mr. Van Houten, Town Engineer, stated the contractors are responsible for the repairs and the rough jobs are just temporary for it takes time to do the repairs properly. Mr. Jensen spoke on the MedFly notice that was mailed to all residents in 'he Town and asked if senior citizens could get assistance in picking the fruit if they are unable to do so. He was informed all people had to do was call the numbcr listed. Gary Egan, 17501 Wedgewood Avenue, spoke to Council on problems of a storm drain ditch in the area that had overflowed during the rains. Referred to staff for report. Bob Hamilton, 336 Bella Vista Avenue, questioned if the Attorney would be writing a synopsis of Villa Vasona Ordinance or printing the completed ordinance on the ballot of,May 2, 1981, election. Later agenda item. STOP SIGNS Mayor Ferrito stated this was the time and place set for public WEDGEWOOD hearing re petition for stop signs being installed on Wedgewood AVENUE Avenue. The report from staff stated request for signs are not warranted and use of stop signs in an attempt to regulate speed of vehicles is inappropriate. Speaking in favor of the requested stop signs were Ron Iudice, Gary Egan and Richard Diel. Mr. Diel stated since being annexed to the Town they have less Police enforcement and feels the Town is not keeping their part of the bargin in giving the territory better service for coming into the Town. After further discussion, Mrs. Rasmussen moved hearing be closed. Mrs. Cannon seconded. Unanimously carried. Mrs. Cannon moved request be denied and instruct the Police to give this area special enforcement. Mrs. Rasmussen seconded. Motion - 2 - 459 March 2, 1981 Los Gatos, California STOP SIGNS failed as Mr. Siemens, Mr. Ventura and Mayor Ferrito voted no. WEDGEWOOD Mr. Ventura moved stop signs be placed on Wedgewood Avenue at AVENUE Wimbledon Drive, La Rinconada Drive and Lora Drive on a six (CONTINUED) month trial basis. Staff to report back to Council at that time. Mr. Siemens seconded. Unanimously carried. Mrs. Rasmussen asked for amendment to motion to include direction to staff to have special Police enforcement on speeders. After some discussion, the motion was withdrawn. Staff to prepare necessary resolutions (establishing the stop signs) for next meeting. RECESS Mayor declared a recess. Meeting reconvened at 9:15 p.m. CREATION OF Mayor Ferrito stated this was the time and place duly noted for RDT ZONE consideration on the establishing of a RDT Zone. Hearing was closed at the meeting of February 17, 1981. Mr. Bowman, Planning Director, referred to previous report on the RDT Zone. After further discussion, Mr. Ventura moved reading be waived for AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONING ORDINANCE ADDING DOWNTOWN RESIDENTIAL (RDT) ZONE. Mr. Siemens seconded. Unanimously carried. Clerk read title. Mr. Ventura moved to amend the title of the Zone to R-ID. Mr. Siemens seconded. Carried by a vote of three ayes. Mrs. Cannon and Mrs. Rasmussen voting no. Mr. Ventura moved-Ordinance be introduced (with new zone designation of R-11)). Mr. Siemens seconded. Carried by a vote of three ayes. Mrs. Cannon and Mrs. Rasmussen voting no. COUNTY Mrs. Cannon moved Council accept staff recommendations on the REFERRALS following: 1344-27-43-81LA Brush Road Faust Lot Line Adjustment, No comment. l2S77.9 Old Santa Cruz Hwy Gies Time Extension for 3-lot subdivision No comment. 75i12-914 Lindberg Ave. Bliss Bldg site approval - modification to condition #1 No comment. 12C75.1 Old Santa Cruz Hwy Gillette Cluster permit ASA comm. 2/26/81. 903-30-52-80LA Englewood Avenue Beadle Appeal of lot lien adjustment Appealed to Bd. of Suprs. to be heard 2/23/8i. Mr. Siemens seconded. Unanimously carried. MONTHLY Mrs. Cannon moved Council accept staff recommendation and waive PLANNING reading for ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE REPORT TOWN CODE. Mr. Siemens seconded. Unanimously carried. Mrs. Cannon moved for introduction of this ordinance. Mr. Siemens seconded. Unanimously carried. STREET Mrs. Cannon moved Council accept-staff recommendation and NAMING continue the policy of not naming private driveways or assigning, addresses to them. Mr. Siemens seconded. Unanimously carried. SUBDIVISION Mrs. Cannon moved Council accept staff recommendation and-,vai-,-e ORDINANCE reading for ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE AMENDMENT TOWN CODE. Mr. Siemens seconded. Unanimously carried. Mrs. CONDOMINIUMS Cannon moved for introduction of this ordinance. Mr. Siemens seconded. Unanimously carried. CIVIC CENTER Mrs. Cannon moved for adoption of Resolution No. 1981-39 entitled, CARPETING RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS APPROVING PLANS AND SPECIFICATIONS FOR THE CIVIC CENTER CARPETING - PROJECT 251-CT, (setting 3:00 p.m., Thursday, March 26, 1981, as date for bid opening). Mr. Siemens seconded. Unanimously carried. 3 460 March 2, 1981 Los Gatos, California PARKING Mrs. Cannon moved for adoption of Resolution No. 1931-40 entitled, PROHIBITITION PARKING RESTRICTION - PLEASANT STREET. Mr. Siemens seconded. PLEASANT STREET Unanimously carried. REVOCABLE Mrs. Cannon moved to accept staff recommendation and Council PERMIT - approve, in concept, a revocable De=it to use a portion of the MIREVAL ROAD Mireval Road right-of-way for operation of the well. Direct staff to issue a revocable permit (permit to be amended to state the purpose of the well is for fire protection use only). Mr. Siemens seconded. Unanimously carried. COMMENDATION Mrs. Cannon moved for adoption of the following: FOR PARKING Resolution No. 1981-41 entitled, RESOLUTION COMMENDING ADVISORY DALE A. CHAMBERS. COMMISSION Resolution No. 1981-42 entitled, RESOLUTION COMMENDING CAROL JOHNSON. Resolution No. 1981-43 entitled, RESOLUTION COMMENDING ANDRE F. LIBANTE. Resolution No. 1981-44 entitled, RESOLUTION COMMENDING ART SNYDER. Resolution No. 1981-45 entitled, RESOLUTION COMMENDING ELIZABETH P. ZIENTEK. Resolution No. 1981-46 entitled, RESOLUTION COMMENDING MICHAEL D. MC FERRAN. Resolution No. 1981-47 entitled, RESOLUTION COMMENDING CAROL A. PAINTER. Mr. Siemens seconded. Unanimously carried. FEBRUARY Mrs. Cannon moved Council approve the February payroll in the PAYROLL AND amount of $255,304.91 and the February warrant demands in the WARRANT DEMANDS amount of $291,829.30. Mr. Siemens seconded. Unanimously carried. STATE HISTORICAL It was consensus of Council to accept staff report. BUILDING CODE SANTA CLARA Town Manager stated this proposed benefit assessment for flood VALLEY WATER management will be something that will be coming in the future PROPOSED but wished Council to be aware of it now. This is a proposed ASSESSMENT assessment that would be collected with regular property taxes. This presentation will be made at a later date by the Water District. No action taken. Mrs. Rasmussen stated she will be attending a meeting of the Water Commission next week and needs Council's direction regarding Water Commission's request for increase of basic rates effective July 1, 1981. It was consensus of Council to not voice a vote until they received further information. HILLSIDE Discussion was held on staff recommendation on Hillside DEVELOPMENT Development as follows: (a) Require participation in road improvements by owNer's of vacant properties as a condition of approval for -cs use permits and/or site approvals. (b) Call all the deferred agreements for street improvement in the Blackberry Hill-Cowell Road area. (c) Expand the area covered by the Joint Hillside Plan to the area at the entrance end of Blackberry Hill Road. (d) Add the -h zoning overlay architecture and site approval for those vacant properties located along the ridgelines. Mr. Ventura suggested the adding of (e) Consider merger provision on lots that were never legally subdivided. - 4 - 461 March 2, 1981 Los Gatos, California HILLSIDE Mr. Siemens suggested an addition to (b) as follows: ".. and DEVELOPMENT provide the Town a schedule for calling these deferred agreements (CONTINUED) and, add (f) consider increasing development fees to cover the cost for implementing all items (a) through (e)." Mr. Siemens moved Council approve the staff recommendations plus the amendments as suggested by Council. Mr. Ventura seconded and stated he would like the motion to be amended to also state, "authorize staff to move the boundary line so that any ridge visible from the Town is included and access that feeds into the Town." Mr. Siemens accepted the amendment. Unanimously carried. HOUSING Mr. Siemens moved Council accept staff recommendation and amend CONSERVATION the Housing Conservation Program guidelines by authorizing the PROGRAM addition of owner-occupied duplexes to the program and approve the temporary suspension of the maxim= loan limit. Approve the HCP Loan Committee's request for an exception to the Mobile Home Grant Program. Mrs. Rasmussen seconded. Unanimously carried. TRANSIT ASSIST Reviewed report - no action taken. DIALYSIS PATIENTS PHILLIPS ROAD Mr. Siemens moved for approval of the Notice of Completion and PROJECT 245-DS Certificate of Acceptance for Pro4ect 245-SD and Mayor be authorized to execute said certificate. Mrs. Rasmussen seconded. Unanimously carried. MEDFLY The Town Manager referred to the report on the MedFly Program PROGRAM stating that on or before April 15th, 1981, the State of California will determine if aerial spraying is necessary. APPOINTMENTS Mayor Ferrito stated there were three vacancies to this Commission COMMUNITY and there had been four applicants. Nominations were held and SERVICES AND M. Catherine Little, Eugene Westphalen and Robert S. Cowan were DEVELOPMENT reappointed for another three year term. COMMISSION CSDC Mrs. Rasmussen moved Council accept staff recommendation regarding RECOMMENDATION the reopening of the Town Library on Thursdays and this be LIBRARY HOURS referred to the Town Manager for consideration in the 81/82 budget. Mrs. Cannon seconded. Unanimously carried. MEDIATION The Town Attorney presented Council with copy of proposed ORDINANCE amendments to the Mediation Ordinance. Mr. Grimes, from AMENDMENT audience, spoke against the changes, stating he had not had time to review the proposed changes. Discussion was held on changes and if the sub-committee had met and agreed on the changes. Mrs. Rasmussen stated the changes had been agreed upon. After further discussion, Mrs. Rasmussen moved reading be waived for AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING CHAPTER 24 OF THE TOWN CODE TO RESOLVE CERTAIN ISSUES OF INTERPRETATION. Mr. Siemens seconded. Unanimously carried. Clerk read title. Mrs. Cannon moved Ordinance be introduced as amended. Mrs. Rasmussen seconded. Unanimously carried. Mr. Ventura abstained from discussion. Motion carried by a vote of three ayes. Mr. Ventura abstained and Mr. Ferrito voted no. EXECUTIVE Council adjourned to executive session at 11:04 P.M. Regular SESSION meeting reconvened at 11:50 p.m. - 5 - 462 March 2, 1981 Los Gatos, California ATTORNEY'S Mrs. Rasmussen moved Council approve a supplemental appropriation BUDGET of $350.00, to the Town Attorney's budget from appropriated contingency to aid in litigation fees on the MedFly Program. Mr. Siemens seconded. Unanimously carried. VILLA VASONA Mayor referred to report from Mr. Hays, Town Attorney, in REFERENDUM regards to preparation of a synopsis to be printed on the BALLOT ballots in lieu of the printed ordinance. Council authorized the Attorney to prepare a synopsis for their review at the next Council meeting. BICYCLE Mr. Siemens requested staff to pursue modifications of TDA LOCKERS AND Grant to acquire bicycle lockers along with bicycle racks RACKS for the downtown area. ADJOURNMENT Mrs. Cannon moved meeting be adjourned at 11:57 p.m. Mr. Ventura seconded. Unanimously carried. ATTEST: Rose E. Aldag Town Clerk 463 March 16, 1981 Los Gatos, California TOWN COUNCIL The Town Council of the Town of Los Gatos met in the Council Chambers of the Town Hall at 7:48 P.M., in regular session. ROLL CALL PRESENT: Mrs. Ruth Cannon, Mrs. MarLyn J. Rasmussen, Mr. Peter W. Siemens, Mr. Brent M. Ventura and Mayor Thomas J. Ferrito. A13SENT: None. PLEDGE OF ALLEGIANCE Given by all in attendance. PRESENTATION Mike Worley, representative of the Los Gatos Christian Church Jr. High Basketball Team, introduced the team members and presented the Town Council with the first place trophy which they received after participating in the Santa Clara County Basketball Tournament. Mayor Ferrito accepted the trophy on behalf of the Town. Mrs. Cannon moved for adoption of Resolution No. 1981-48 entitled, A RESOLUTION COMMENDING THE LOS GATOS CHRISTIAN CHURCH JR. HIGH BASKETBALL TEAM. Mr. Ventura seconded. Unanimously carried. MINUTES Mr. Siemens moved minutes of March 2, 1981, meeting be approved as submitted. Mrs. Cannon seconded. Unanimously carried. WRITTEN 1. Letter from Emanuel P. Peters, 104 Hilow Court, requesting COMMUNICATIONS continuance of agenda item V-G, (hearing on rezoning of school property on Shannon Road). Mayor Ferrito stated lie had also received from the school a request for continuance. Mrs. Rasmussen moved request be granted and this hearing be continued to April 6, 1981. Mrs. Cannon seconded. Unanimously carried. 2. Letter from Michael Silva, requesting continuance of agenda item V-F, (hearing on appeal of approval of a conditional use permit to operate a delicatessen in the Lyndon Plaza complex at 20 S. Santa Cruz Avenue). Applicant for the delicatessen stated he would like this matter heard tonight. After further discussion, Mrs. Cannon moved request for continuance be granted and matter to be heard on April 6, 1981. Mr. Siemens seconded. Unanimously carried. 3. Letter from Ming Quong Children's Center re Strawberry Festival, requesting Council to (a) consider rescinding parking limitations on Main Street between Pagent Way and Fiesta Street on Saturday, June 6, 1981; (b) proclaim the week of June lst through June 7th, 1981, as MING QUONG STRAWVERRY FESTIVAL WEEK; (c) request permission to display banners on electroliers on N. Santa Cruz Avenue and Main Street during "Strawberry Week". Also ask the Public Works Department to help in the mounting and taking down of the banners. After some discussion,"Ar. Siemens moved to grant the requests. Mr. Ventura seconded. Carried by a vote of four ayes, Mrs. Rasmussen abstained. Council requested staff to report on costs entailed in the hanging of the banners for different events. 4. Letter from the Art Docents of Los Gatos, requesting Council to waive the fee of $25.00 per hour for the use of the Neighborhood Center on April 24th, 1981, for a f'und raising event. Mrs. Rasmussen moved request be granted and the fee be waived. @Ar. Siemens seconded. Carried by a vote of four ayes. Mr. Ferrito abstained. 5. Letter from Los Gatos-Saratoga Board of Realtors, requesting Council to postpone any General Plan amendments for the Downtown area until such time as the consultants studies have been completed. Later agenda item. - 1 - 464 March 16, 1981 Los Gatos, California WRTTTE14 6. Letter from Vic Collard, Assistant Scout Master, Troop COMMUNICATIONS 539, requesting Council to adopt a resolution commending (CONTINUED) David Eldon Beverly, of Troop 539 for his work on the erection of the newspaper rack holders in the Town Plaza. Mrs. Cannon moved for adoption of Resolution No. 1981-49 entitled, A RESOLUTION COMMENDING DAVID ELDON BEVERLY. Mr. Siemens seconded. Unanimously carried. 7. Letter from the Law Offices of 0. Leland Osborne, on behalf of Elmon Brady, Barto Prive and William Esposto, dba, Just Games, petitioning the Town Council for a rehearing and reconsideration of its decision to reverse the Town Planning Commission's grant of Conditional Use Permit at the meeting of February 17, 1981. After some discussion, Ventura moved request be denied. Mr. Siemens seconded. Unanimously carried. 8. Letter from Frederick E. Westphal, 126 College Avenue, re the proposed development plan for the Novitiate Park Site at the end of Jones Road and asking that the land remain in its natural state. Matter referred to Park Commission. 9. Expenditure and revenue reports for the month of February, 1981, from the Office of Town Clerk. 10. Treasurer's report for the month of February, 1981. CULTURAL RESOURCES Mr. Siemens referred to a letter from the Cultural Resources COMMISSION - Commission, stating Mr. Belleza's decision not to serve on OPENING the commission any longer. There are now two vacancies on this commission and the Town Clerk has advertised March 31, 1981, at 5:00 p.m., as the closing date for accepting applications. VERBAL Attorney Randal Reedy, 101 Church Street, spoke on behalf of COMMUNICATIONS his client, Mr. Camp, asking that the public hearing on appeal of Planning Commission's denial of a Subdivision and Conditional Use Permit for determination of precise density and construction of a four-@it condominium at 14991 Winchester Boulevard, be continued to a later date. After some discussion, Mr. Siemens moved request be granted and the hearing be continued to April 20, 1981. Mr. Ventura seconded. Unanimously carried. Mr. Egon Jensen, 182 Lester Lane, spoke on article in news- paper in regards to a possibility of jail facilities being put on property on W. Parr Avenue and he suggested that Council take a stand. Mrs. Rasmussen moved for adoption of Resolution No. 1981-50 entitled, A RESOLUTION OPPOSING COUNTY JAIL FACILITIES BE PUT ON PROPERTY ON Vi. PARR A-VENUE. Mr. Ventura seconded. Unanimously carried. Jim Lewis, 24095 Summit Drive, commended Council on the construction of handicapped accessibility to the Town Hall and also reported on ad-hoc committee re HCD funds. ENGLEWOOD AVENUE Mayor Ferrito stated this was the time and place duly published NO. 1 ANNEXATION for public hearing on the proposed annexation. Rae Schmuck, 16443 Englewood Avenue, stated she was one of the petitioners of this annexation and is looking forward to being a registered voter within the Town limits. There being no one else wishing to speak on this matter, Mr. Siemens moved hearing be closed. Mrs. Cannon seconded. Unanimously carried. Siemens moved for adoption of Resolution No. 1981-51 entitled, A RESOLUTION APPROVING THE ANNEXATION OF CERTAIN UNINHABITED TERRITORY DESIGNATED AS ENGLEWOOD AVENUE NO. I TO THE TOWN OF LOS GATOS. Mrs. Cannon seconded. Unanimously carried. - 2 - 465 March 16, 1981 Los Gatos, California WEED ABATEMENT Mayor Ferrito stated this was the time and place duly published 1981 for public hearing for objections on the abatement of weeds. There being no one in the audience wishing to speak on this matter, Mrs. Cannon moved hearing be closed. Mr. Siemens seconded. Unanimously carried. Mrs. Cannon moved for adoption of Resolution No. 1981-52 entitled, A RESOLUTION OVERRULING OBJECTIONS AND ORDERING ABATEMENT OF WEEDS AS A PUBLIC NUISANCE. Mrs. Rasmussen seconded. Unanimously carried. KNOWLES DRIVE Mayor Ferrito stated this was the time and place duly published ASSESSMENT for public hearirg on Knowles Drive Assessment District LID DISTRICT 79-1 79-1. The Town Manager spoke on the revised assessment spread and referred to petition received from Becton-Dickenson to join the assessment district and staff recommends that Becton- Dickenson be included in the district. After further discussion, Mrs. Cannon moved to accept the petition from Becton- Dickenson and adopt Resolution No. 1981-53 entitled, A RESOLUTION APPROVING PETITION AND MAP OF PROPOSED BOUNDARIES, AS AMENDED OF ASSESSMENT DISTRICT. Mr. Siemens seconded. Unanimously carried. Mr. Sam Zullo, Engineer for the bonding firm, spoke on the revised Engineer's report explaining different reductions and explained the costs on the overall project. Speaking in opposition and asking to be deleted from the assessment district were Mr. Ralph Doetsch, Ralph Ross - President of Los Gatos Community Hospital, Nate Dardanelli, Mr. Wilson, and Kerry Lashley. Barry Simkins also spoke against the project. Mrs. J. McMonagle asked for some clarification as to the assessment against her property and stated she supported the assessment district. After further discussion, Mr. Ventura moved hearing be closed. Mrs. Cannon seconded. Unanimously carried. Mr. Zullo reported that he tabulated percentage of protesters and the percentage was 31.6% and it would require 50% protesting before it would stop the assessment. Mrs. Rasmussen moved for adoption of Resolution No. 1981-54 entitled, RESOLUTION CONFIRMING ASSESSMENT AND ORDERING PROPOSED IMPROVEMENT TO BE MADE; PROVIDING FOR NOTICE OF RECORDING OF ASSESSMENT; AND DESIGNATING THE TOWN CLERK TO COLLECT AND RECEIVE MONEY. Mrs. Cannon seconded. Unanimously carried. APPEAL OF Continued to April 6, 1981, as requested by letter DELICATESSEN - 20 S. SANTA CRUZ AVENUE ZONE CHANGE Continued to April 6, 1981, as requested by letter. BLOSSOM HILL ROAD CHERRY BLOSSOM LANE RECESS Mayor Ferrito declared a 10 minute recess. Meeting reconvened at 10:15 P.M. ZONE CHANGE Mayor Ferrito stated this was the time and place duly published SHANNON AND for public hearing to consider zone change application Z- 81-2, KENNEDY ROAD - prezoning to HR-1,HR-221, HR-5, HR-20 or RC for properties in TOWN’S URBAN the areas of Shannon Road and Kennedy Road recently added to SERVICE AREA the Town's Urban Service area. Mr. Herb Weinman, 14475 Shannon Road, spoke against the HR-5 zoning for his property and was in favor of the HR-22' zone. Mr. Pate, 14890 DiDuca Way, spoke in favor of zoning as it would discourage development and not aggravate the water shortage. There being no one else wishing to speak on this issue, Mrs. Cannon moved hearing be - 3 - 466 March 16, 1981 Los Gatos, California ZONE CHANGE closed. Mr. Ventura seconded. Unanimously carried. Mrs. SHANNON AND Cannon moved reading be waived for AN ORDINANCE OF THE TOWN KENNEDY ROAD - OF LOS GATOS AMMENDING THE ZONING ORDINANCE EFFECTING ZONE TOWN’S URBAN CHANGE NO.____ PREZONING TO HR-5, HR-20 AND RC. Mr. Siemens SERVICE AREA seconded. Unanimously carried. Clerk read title. Mrs. (CONTINUED) Cannon moved Lo make a Negative Declaration as this is consistent with the General Plan and introduced the ordinance. Mr. Ventura seconded. Unanimously carried. GENERAL PLAN Mayor Ferrito stated this was the time and place duly published AMENDMENTS for public hearing to consider General Plan Amendment GP- 80-IA, regarding change in land use designations for University/ Edelen Avenue area and change in land use designation for the downtown area, GP-81-1. Speaking in opposition to the amendments were Philip Vlamis and Linda Mills, who presented a petition signed by 32 property owners opposing this General Plan amendment and downzoning of Univeristy and Edelen Avenues. Bud Dunbar, 105 Robin Way, urged Council to await the study by the consultants. S. Collier, spoke in opposition saying she feels there is a lack of information to property owners. Sue LaForge feels Council is prejudging and should wait for consultants report. Dr. Robert Johnson, 485 montercy Avenue, questioned any rezoning on Monterey Avenue. Mrs. Zona Boyer, requested that zoning on her property be left as is. Mr. Cowan, 222 Tait, asked Council to make necessary proposed changes to the General Plan as he feels it would help consultants. Kathy Morgan spoke in support of the General Plan amendment. Woody Watley, asked that there be no decision until Council has received all reports from the consultants. Roger Donelly, 422 San Benito Avenue, presented a petition requesting the downzoning of 416 San Benito Ave., so this will be consistent with the rest of the neighborhood. After further discussion and there being no one else wishing to speak on this issue, Mr. Ventura moved hearing be closed. Mr. Ferrito seconded. Unanimously carried. On consensus motion, Mr. Ventura moved to adopt GP-81-1, A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS CONCERNING TO THE LAND USE ELEMENT AND LAND USE PLAN OF THE GENERAL PLAN. Mr. Siemens seconded. Carried by vote of three ayes. Mrs. Cannon and Mrs. Rasmussen voting no. Discussion was held on the possibility of the General Plan being amended again after the consultants have made their report. Discussion was also held on the fact that the two General Plan amendments were held under one hearing and any changes should be made by one resolution. Mr. Ventura moved to combine the General Plan amendments GP-80-lA and GP-81-1 and adopt Resolution No. 1981-55 entitled, A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS CONCERNING AMENDMENTS TO THE LAND USE ELEMENT AND LAND USE PLAN OF THE GENERAL PLAN IN THE DOWNTOWN AREA. Mr. Siemens seconded. Carried by a vote of three ayes. Mrs. Cannon and ,Mrs. Rasmussen voting no. ADJOURNMENT Mayor Ferrito declared the meeting adjourned at 11:55 p.m., to be continued to 7:30 P.m., on Tuesday, March 17, 1981. ATTEST: Rose E. Aldag Town Clerk 4 467 March 17, 1981 Los Gatos, California TOWN COUNCIL The Town Council of the Town of Los Gatos met in the Council Chambers of the Town Hall at 7:40 p.m., in continued regular session. PRESENT Mrs. Ruth Cannon, Mrs. Marlyn J. Rasmussen, Mr. Peter W. Siemens, Mr. Brent N. Ventura and Mayor Thomas J. Ferrito. OPEN SPACE Mr. Hays, Town Attorney, spoke on his report on open space DEDICATION dedication, stating the Subdivision Ordinance has no provisions for open space dedication and suggested changes in the Ordinance by using his quote on page 2 of his report. He also recommended changes in the Zoning Ordinance and Hill- side Specific Plan. After further discussion, Mr. Ventura moved the recommendation on the Zoning Ordinance and Hillside Specific Plan be referred to Planning Commission for recommend- ations and the Attorney be directed to draft amendment to the Subdivision Ordinance for the next regular Council meeting. Mrs. Rasmussen seconded. Unanimously carried. ORDINANCE - The Town Attorney reported on amendment to the Mediation RENTAL MEDIATION Ordinance stating the formula under the amended ordinance no longer works and suggested a revision of the formula plus minor technical changes in wording, re section 24.70.015, section 3. After further discussion, Mrs. Rasmussen moved Council approve said amendments. Mr. Siemens seconded. Carried by a vote of four ayes. Mr. Ventura abstained. Mayor Ferrito asked if anyone from the audience wished to speak on this issue. Mr. Gordon Martin, spoke on the weakness of the ordinance. Randy Grimes, opposed the changes. Rollin Rose asked that the Ordinance remain as is, without the changes. Dave Morrison, spoke for the amendment. After further discussion, Mrs. Rasmussen moved the ordinance be adopted as amended. Mrs. Cannon seconded. Motion fails. Mr. Siemens and Mayor Ferrito voting no. Mr. Ventura abstained. Mr. Siemens moved the ordinance be re-introduced deleting from paragraph 2C of Section 24.70.015 the following, ". . . or upon proof to an arbitrator that the increase is justified under Section 24.070.20.11 Mrs. Rasmussen seconded. Carried. by a vote of three ayes. Mayor Ferrito voting no and Mr. Ventura abstained. VILLA VASONA Mr. Hays reported to Council that under the Election Code REFERENDUM Section 4018, the Clerk is required to print the whole text of the Ordinance to be placed on the ballot, unless it is over 1,000 words, in which case the Council may direct the Attorney to prepare a synopsis. The Villa Vasona ordinance is over 1,000 words, therefore a synopsis has been prepared for Council review. Discussion was held as to the preference of the registered voters. The Town Manager reported as to cost of printing the synopsis versus cost of printing the Ordinance. After further discussion, Mrs. Rasmussen moved the whole text of the Ordinance be printed. Mrs. Cannon seconded. Carried by a vote of four ayes. Mr. Ventura voted no and asked that the minutes reflect he would have liked this held over for one week to allow for further study. DRAFT AGREEMENT The Town Manager reported that neither the developer nor his WITH DEVELOPERS legal counsel has been available to review the agreement. VILLA VASONA This item will be rescheduled for the April 6th, 1981 meeting. REVOCATION OF Mr. Hays, Town Attorney, reported on some instances in Town ZONING APPROVALS where parties have obtained zoning approvals and failed to complete construction for substantial periods of time. He suggested amending the Zoning Ordinance to give the Town more power to stop such abuses. Mr. Warren Bisbee, 18400 Overlook Rd., asked Council to look into this very carefully. After further discussion, Mr. Ventura moved the suggested zoning - 1 - 468 March 17, 1981 Los Gatos, California REVOCATION OF amendments be referred to the Planning Commission and have ZONING APPROVALS a report back to Council on June 15th, 1981. Mr. Siemens (CONTINUED) seconded. Unanimously carried. Mr. Ventura moved to direct the Attorney to draft an amendment to the building code and present it at the June 15th, 198i, meeting. Mr. Siemens seconded. Unanimously carried. YOUTH ADVISORY Rick Bhandari, Chairman of the Youth Advisory Commission, COMMISSION referred to an invitation to attend a youth recognition RECOGNITION luncheon hosted by members of the County Board of Supervisors 1,UNCHEON at a cost of $10.00 per person. He requested Council's approval for $50.00, to allow the five student members of the Town Youth Advisory Commission to attend. Mr. Mora, Town Manager, stated this money would be appropriated from the contingency fund. Mrs. Rasmussen moved Council approve the request and appropriate the $50.00 from the contingency fund. Mr. Siemens seconded. Unanimously carried. YOUTH ADVISORY The Youth Advisory Commission presented Council with suggestions WORK PROGRAM for developing a Commission work program and asked Council for some directions. It was consensus of Council in discussing the listed suggestions that Council will cooperate with the group but, would like -,hem to work on a plan and bring it back to Council for review. SERVICE STATION Rick McKinley, representing Mobil Service Station, on N. Santa PRICE SIGNS Cruz Avenue and Blossom Hill Road, spoke on their request for sign ordinance amendment to allow stations to have their identification signs nearer the street as their building sits back and cannot be seen from the street at a distance. Council referred to the Planning Commission report and after some discussion, Mr. Ventura moved request be denied. Mr. Siemens seconded. Unanimously carried. YMCA SIGN Doug Ryder, 223 Howes Drive, spoke on behalf of the 17ACA and asked for clarification of Sign Ordinance as it relates to their nonconforming directional sign. Due to the location of the YMCA and unless they are able to install directional signs, it is almost impossible to find the YMCA. After some discussion, Mr. Ventura moved to refer this to staff for report back at the Council meeting of April 6th, 1981. Mrs. Rasmussen seconded. Unanimously carried. AERIAL SPRAYING Mr. Hays, Town Attorney, presented a proposed urgency ordinance MALATHION prohibiting aerial spraying of malathion. He stated this is a standard ordinance that other cities are adopting. Mayor Ferrito read a list of physician's names who have signed a petition opposing any spraying stating it is hazardous to peoples health. Dom Salitto, Frank Avenue, spoke against the aerial spraying. Fran Tokumoto, 131 Wilder Avenue, presented a petition signed by 128 concerned citizens in the Almond Grove neighborhood, who wish to prevent aerial spraying. After further discussion, Mrs. Rasmussen moved reading be waived for An Urgency Ordinance regulating the aerial spraying. Mr. Siemens seconded. Unanimously carried. Clerk read title. Mr. Ventura moved for adoption of Ordinance No. 1491 entitled, AN URGENCY ORDINANCE OF THE, COUNCIL OF THE TOWN OF LOS GATOS PREVENTING AND REGULATING THE AERIAL SPRAYING OF PESTICIDES WITHIN THE TOWN LIMITS OF THE TOWN OF LOS GATOS. Mrs. Cannon seconded. Unanimously carried. VERONA COURT - Mr. Ventura moved Council authorize the Attorney to prepare DOG PROBLEM an injunction suit against Mrs. Joyce Stalie. Mr. Siemens seconded. Unanimously carried. 2 469 March 17, 1981 Los Gatos, California FISHER Mr. Wesley Walton, District Superintendent, spoke to Council GYMNASIUM REQUEST regarding the Gymnasium construction and thanked Council for their $57,000 financial assistance for the canopy roof structure. Due to inflation cost they are requesting further financial assistance for acoustical panels so the Gymnasium could be used for other events than just sports. Mr. Gene Goldberg, Director of Los Gatos-Saratoga Recreation Department, spoke to Council on the many uses for the gymnasium. Susan Bruntz also spoke on the need for funds to complete the project. After further discussion, the Town Manager stated this would be included in the Capital Improvement Budget and be discussed and considered at budget hearings. RECESS Mayor Ferrito declared a 10 minute recess. Meeting reconvened at 9:30 P.m. COUNTY REFERRALS Mr. Ventura moved Council accept recommendations on the following: 514-23-47-79V-81G Thompson Rd. Whitaker Grading permit for private riding area for horses No comment. 12C75.1 Old Santa Cruz Hwy Gillette Cluster permit continued to date uncertain by ASA committee on 2/16/81. 993-30-52-SCLA Englewood Ave. Beadle Appeal of lot line adjustment appealed to Bd. of Super. Hearing continued. Mrs. Cannon seconded. Unanimously carried. SIDEWALK Mr. Ventura moved for adoption of Resolution No. 1981-56 WHEELCHAIR RAMPS entitled' RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS PHASE I GATOS APPROVING PLANS AND SPECIFICATIONS FOR SIDEWALK WHEEL- 244-HCDA CHAIR S, PHASE I, PROJECT 244-HCDA, and authorize the Clerk to advertise for bids. (Bid opening set for 3:00 p.m. on Wednesday, April 8, 1981). Mrs. Cannon seconded. Unanimously carried. HANDICAPPED Mr. Ventura moved for adoption of Resolution No. 1981-57 PARKING - 224 entitled, HANDICAPPED PARKING - WILDER AVENUE. This establishes WILDER AVENUE handicapped parking in front of 224 Wilder Avenue. Mrs. Cannon seconded. Unanimously carried. STOP SIGNS Mr. Ventura moved for adoption of Resolution No. 1981-58 WEDGEWOOD AVENUE entitled, A RESOLUTION DESIGNATING A THREE-WAY VEHICULAR STOP AT WIMBLEDON DRIVE AT THE INTERSECTION OF WEDGEWOOD AVENUE AND WIMBLEDON DRIVE. Mrs. Cannon seconded. Unanimously carried. LA RINCONADA Mr. Ventura moved for adoption of Resolution No. 1981-59 DRIVE entitled, A RESOLUTION DESIGNATING A THREE-WAY VEHICULAR STOP AT THE INTERSECTION OF WEDGEWOOD AVENUE AND LA RINCONADA DRIVE. Mrs. Cannon seconded. Unanimously carried. LORA DRIVE Mr. Ventura moved for adoption of Resolution No. 1981-60 entitled, A RESOLUTION DESIGNATING A THREE-WAY STOP AT THE INTERSECTION OF WEDGEWOOD AVENUE AND LORA DRIVE. Mrs. Cannon seconded. Unanimously carried. CIVIC CENTER Mr. Ventura moved for adoption of Resolution No. 1981-61 UNDERGROUND entitled, RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS UTILITY DISTRICT GATOS APPROVING PLANS AND SPECIFICATIONS FOR INSTALLATION 236-UU OF ELECTROLIERS IN THE CIVIC CENTER UNDERGROUND UTILITY DISTRICT NO. 1979-1, PROJECT NO. 236-UU, and authorize the Clerk to advertise for bids. (Bid opening set for 3:00 p.m., Wednesday, April 8, 1981). Mrs. Cannon seconded. Unanimously carried. - 3 - 470 March 17, 1981 Los Gatos, California STATION WAY 20 Mr. Ventura moved for adoption of Resolution No. 1981-62 MINUTE PARKING entitled, PARKING RESTRICTION - PARKING LOT #9, PARKING DISTRICT NO. 1, (establishing 20 minute parking in 3 existing parking stalls on the west side of lot 9). Mrs. Cannon seconded. Unanimously carried. TRACT 7034 - Mr. Ventura moved for adoption of Resolution No. 1981-63 CORTE DE LOS GATOS entitled, RESOLUTION APPROVING AND ACCEPTING FINAL MAP OF TRACT NO. 7034 - CORTE DE LOS GATOS. Mrs. Cannon seconded. Unanimously carried. Mr. Ventura moved for adoption of Resolution No. 1981-64 entitled, RESOLUTION AUTHORIZING CONTRACT FOR THE IMPROVEMENT OF TRACT NO. 7034 - CORTE DE LOS GATOS and authorize Mavor to execute said agreement on behalf of the Town. Mrs. Cannon seconded. Unanimously carried. Mr. Ventura moved for adoption of Resolution No. 1981-65 entitled, RESOLUTION AUTHORIZING SEWER EXTENSION AGREEMENT - CORTE DE LOS GATOS, and authorize Mayor to execute said agreement on behalf of the Town. Mrs. Cannon seconded. Unanimously carried. SUBDIVISION Mr. Ventura moved Council adopt Ordinance No. 1492 entitled, ORDINANCE AMENDMENT ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE TOWN CODE re RE CONDOMINIUMS condominium subdivisions. Mrs. Cannon seconded. Unanimously carried. NOTICE OF Mr. Ventura moved Notice of Completion and Certificate of COMPLETION Acceptance for Tract No. 6609 - Anderegg be approved. Mrs. Cannon seconded. Unanimously carried. PURCHASE OF Mr. Ventura moved for adoption of Resolution No. 1981-66 CENTRAL FIRE entitled, A RESOLUTION APPROVING AN AMENDMENT AGREEMENT WITH DISTRICT PROPERTY CENTRAL FIRE PROTECTION DISTRICT OF SANTA CLARA COUNTY, and authorize Mayor Lo execute said agreement on behalf of +- he Town. Mrs. Cannon seconded. Unanimously carried. WEDGEWOOD AVENUE Director of Public Works stated this was a report to a DRAINAGE DITCH complaint received from Gary Eagon re overflowing of drainage ditch along Wedgewood Avenue. Mr. Van Houten reported the ditch has been cleaned. SMOKING ORDINANCE The Building Official reported that he had completed inspection REPORT of 52 restaurants in Town and has issued violation notices to 33 restaurants relating to the posting of signs as required by the Town Code. Reinspections will be within the next 30 days where violations were noted. Mr. Siemens asked that upon reinspection, direct inspectors to find out where the non- smoking sections are and if they are open at ail times. Mr. Siemens moved Council accept staff report. Mrs. Rasmussen seconded. Unanimously carried. HANDICAPPED Jim Lewis, 24095 Summit Wood Dr., referred to report on Handi- PARKING capped parking and questioned the signing of parking lots, patrolling of parking lots and size of handicapped parking spaces. After further discussion, Mr. Ventura moved the recommended implementation program be amended as follows: Number of Spaces Minimum Number of in Parking Lot Handicapped Spaces 0 - 10 0 11 - 70 1 71 - 100 2 Greater than 100 One per hundred or any fraction thereof 4 471 March 17, 1981 Los Gatos, California HANDICAPPED Mr. Siemens seconded. Unanimously carried. PARKING Mr. Ventura moved the recommended enforcement program be (CONTINUED) approved and adopt Resolution No. 1981-67 entitled, HANDICAPPED PARKING - TOWN PARKING LOTS, as amended above. Mr. Siemens seconded. Unanimously carried. SURMONT DRIVE Director of Public Works stated to date Mr. Cosentino had DRAINAGE PROBLEM done none of the work that the Council had authorized at a previous meeting. After further discussion, Mr. Siemens moved Council authorize the Town Attorney to initiate legal action against Mr. Cosentino. Mr. Ventura seconded. Unanimously carried. ESTABLISHMENT Mr. Ventura moved for adoption of Ordinance No. 1493 entitled, OF R-ID ZONE AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONING ORDINANCE ADDING SINGLE FAMILY RESIDENTIAL, DOWNTOWN (R-ID) ZONE. Mr. Siemens seconded. Carried by vote of three ayes. Mrs. Cannon and Mrs. Rasmussen voting no. TOWN COMMUNITY Town Manager, David Mora, stated this would be taken up at a GOALS special work session on Monday, March 23rd, 1981. STATE GOVERNOR’S Mr. Ventura moved Council communicate to State Senator O'Keefe BUDGET PROPOSAL and Assemblyman Konnyu, the Town's opposition to the Governor's proposed budget and the Town’s endorsement of the League of California Cities positions on amendments to the proposed budget. Mr. Ferrito seconded. Unanimously carried. WILDER LOT Council received report from the Planning Director and MOVE-ON PROJECT Community Programs Director stating the project is feasible and what actions are required. After further discussion, Mrs. Rasmussen moved Council direct staff to check with both housing corporations on different alternatives of financing, architecture design and other rehabilitations and report back to Council on April 6th, 1981. Mrs. Cannon seconded. Unanimously carried. Mrs. Rasmussen moved to direct the Planning Commission to consider an amendment to the Zoning Ordinance that would allow Planned Development on smaller lots to provide low income housing for senior citizens. Mr. Siemens seconded. Unanimously carried. CAPITAL IMPROVEMENT PLAN No action taken. CONSULTANT FOR Mr. Siemens moved Council authorize staff to negotiate a final GENERAL PLAN scope of work, cost and contract with Genge Consultants for REVIEW & DOWNTOWN the General Plan Review and the Downtown Specific Plan. Mrs. SPECIFIC PLAN Cannon seconded. Unanimously carried. NOVITIATE PARK Mr. Siemens moved to appropriate $1,500.00, for payment of ACQUISITION appraisal services relative to the acquisition of the Novitiate site. Funds to be appropriated from the current appropriated contingency in the General Fund. Mr. Ventura seconded. Unanimously carried. ADJOURNMENT Mr. Siemens moved meeting be adjourned at 10:55 p.m., to 7:30 p.m., Monday, March 23, 1981. Mrs. Rasmussen seconded. Unanimously carried. ATTEST: Rose E. Aldag Town Clerk 5 - 472 March 23, 1981 Los Gatos, California TOWN COUNCIL The Town Council of the Town of Los Gatos met in the Council Chambers of the Town Hall at 7:30 P.m., in continued regular session. PRESENT Mrs. Ruth Cannon, Mrs. MarLyn J. Rasmussen, Mr. Peter W. Siemens, Mr. Brent N. Ventura and Mayor Thomas J. Ferrito. CONSULTANT - Mrs. Cannon moved for adoption of Resolution No. 1981-68 EIR - GUADALUPE entitled, A RESOLUT10N OF THE TOWN COUNCIL OF THE TOWN OF COLLEGE LOS GATOS AUTHORIZING EXECUTION OF A CONTRACT FOR CONSULTANT SERVICES WITH LARRY SEEMAN ASSOCIATES. Mr. Ventura seconded. Unanimously carried. FORBES MILL Discussion was held on the selling price of the Below Market PROJECT - Price units located in the Forbes Mill Project. Gerry PRESENTATION Steinberg, partner in the Forbes Mill Project, discussed Section D of the Town's resolution that gives the rules, Procedure and criteria for determining the price of the BIMP units. Ms. Steinberg requested the Council allow them to price the units at 120% of the County's median income. Mr. Knox, a former Planning Director for the City of Palo Alto, gave a short presentation on how the City of Palo Alto solved their BIT price problem. He suggested the 'Council pass a resolution locking the price when they have all come to an agreement. Mr. Diller, one of the principal of the Forbcs Mill Project, also spoke on resolving the price problem. He agrees with Mr. Knox and Gerry Steinberg at pricing the units at 120%, of the County's median income. Mr. Diller also suggested the aid of a third party. No action taken by the Council at this time. ADJOURNMENT Mrs. Cannon moved the meeting be adjourned at 8:0 p.m. Ventura seconded. Unanimously carried. ATTEST: Rebecca L. Baine Deputy Clerk 473 April 6, 1981 Los Gatos, California TOWN COUNCIL The Town Council of the Town of Los Gatos met in the Council Chambers at 7:30p.m., in regular session. ROLL CALL PRESENT: Ruth Cannon, MarLyn J. Rasmussen, Peter W. Siemens, Brent N. Ventura and Mayor Thomas J. Ferrito. ABSENT: None. PLEDGE OF ALLEGIANCE Given by all in attendance. PRESENTATION Mayor Ferrito presented Resolution of Commendation to the following Parking Advisory Commissioners: Elizabeth Zientek, Carol Painter and Dale Chambers for their services to the Town. MINUTES Mrs. Rasmussen moved minutes of March 16th, 17th and 23rd, 1981 be approved as submitted. Mr. Siemens Seconded. Unanimously carried. WRITTEN 1. Mayor Ferrito referred to letter from Pacific Valley Bank, COMMUNICATIONS re State/Local Partnership Program, requesting the Council (ACTION) to adopt a resolution confirming their approval of the masterplan concept, for the distribution to counties of state funding for the arts. Mrs. Rasmussen moved to accept staff recommendation and adopt Resolution 1981- 69, entitled, A RESOLUTION SUPPORTING CONCEPT OF MASTERPLAN FOR STATE FUNDING OF THE ARTS, and this be referred to the Cultural Resources Commission. Mrs. Cannon seconded. Unanimously carried. 2. Mayor Ferrito referred to letter from KQED requesting the Council to adopt a resolution designating the week of April 20th through April 30th, 1981, as KQED WEEK and requested the possible donation of some item from the Town that might be auctioned off during the annual KQED auction. Mrs. Cannon moved for adoption of Resolution No. 1981-70 entitled, A RESOLUTION COMMENDING PUBLIC BROAD- CASTING STATION KQED and the Town to donate a Key to KQED for their auction. Mr. Ventura seconded. Unanimously carried. WRITTEN 3. Letter from Los Gatos Chamber of Commerce re their plans COMMUNICATIONS to hold an outdoor antique market on Saturday, May 30th, (REFERRALS) and requesting Council’s permission to use the Town Plaza for this event and block off Montebello Way for the day. After some discussion, Mrs. Cannon moved to grant the request in concept, subject to staff review. Also asked for staff report on costs re Town's support. Mrs. Rasmussen seconded. Unanimously carried. 4. Letter from Catholic Social Service of Santa Clara County requesting Council’s continued support of the Ombudsman Program and in order to maintain their outreach office are requesting $6,000.00, from the Town for this purpose. Letter from Catholic Social Service of Santa Clara County requesting a contract with the Town of Los Gatos, for the purpose of staffing the Neighborhood Center with a Director and Service Coordinator to develop a total integrating of services to the elderly. Both of the above letters were referred to Town Manager. 5. Letter from O.L. Johns, informing Council of injuries he sustained, when he stumbled over broken sidewalk at Nicholson Avenue near N. Santa Cruz Ave. Referred to the Town Attorney for response. 6. Letter from Santa Cruz County Farm Bureau requesting that Council notify State and Federal authorities that they will support aerial spraying if present measures prove ineffective in eradication of the Mediterranean Fruit Fly. (Note and file) 474 April 6, 1981 Los Gatos, California WRITTEN 7. Letter from Carolyn and Bill Pahle, opposing the aerial COMMUNICATIONS spraying of Malathion. (File) (REFERRALS) S. Letter from jack G. Parson, Director of the Photographic (CONTINUED) Guild of Los Gatos, requesting a waiver of use fees for the Downtown Neighborhood Center. Bill Griffin, spoke on the activity. Mrs. Rasmussen moved fees be waived and asked for staff to develop policy recommendations on fee charges for fiscal year 1981-82. Mr. Ventura seconded. Unanimously carried. 9. Letter from American Federation of State, County and Municipal Employees, who represent the workers at the Town Corporation Yard, requesting to be placed on the agenda. Prudence Slaathaug, representative speaking for William Callahan, asked for the agenda placement. Mayor Ferrito informed Ms. Slaathaug this could be brought up under verbal communications at any Council meeting. 10. Letter from Blanche Walton, Chairperson of the Social Responsibility Committee of the Unitarian Fellowship of Los Gatos, informing Council of their passage of a resolution unanimously supporting the Villa Vasona project. (No action taken). 11. Claim for damages filed on behalf of Diana Shannon. Mr. Ventura moved claim be denied. Mrs. Rasmussen seconded. Unanimously carried. i2. Claim for damages filed on behalf of Kathryn Ann Wheeler. Mr. Siemens moved claim be denied. Mrs. Rasmussen seconded. Unanimously carried. 13. Letter from Herb & Beverly Weinman, 14475 Shannon Road requesting clarification of pre-zoning of property under application Z-81-2, that was heard at the March 16Th, 1981, meeting. (Later agenda item VIII A-3). 14. Letter from W. Preston Thompson, requesting Council’s support on request to rezone .763 acres in Holy City from RHS-20 to AL. (County referral 458-23-42-78Z-78P Bellicit After some discussion, Mr. Siemens moved the Council concur with its previous action and request that the County deny the zone change. Mr. Ventura seconded. Unanimously carried. POLLING PLACES Mr. Ventura moved for adoption of Resolution No. 1981-71 entitled, ELECTION OFFICERS A RESOLUTION DESIGNATING AND PROVIDING FOR THE CONSOLIDATION MAY 12TH, 1981 OF PRECINCTS LISTING POLLING PLACES AND ELECTION OFFICERS ELECTION AND PROVIDING FOR THE GIVING OF NOTICE. Mrs. Cannon seconded. Unanimously carried. CULTURAL RESOURCES Town Clerk stated that notice of vacancies on the Cultural COMMISSION Resources Commission and other commissions had been advertised VACANCIES in the paper. The deadline to receive applications was March 31st, 1981, and to date only one application for the Cultural Resources Commission has been received and there are two vacancies. It was consensus of Council to extend the time for receiving applications and they will review this at their meeting of May 4th, 1981. VERBAL Bob Tetzloff, representing Los Gatos Bicycle Club, spoke to COMMUNICATIONS Council requesting permission to hold their annual Cats Hill Race on May 10th, 1981, on same route on which it has been held before and also have their refreshment stand. Mr. Siemens moved request be granted, subject to staff approval and also subject to Council receiving written request stating the details. Mrs. Cannon seconded. Unanimously carried. Joan Steinberg, representative of Enshallal Developers, spoke on Forbes Mill condominiums being developed and on the extra costs to the developers caused by certain requirements of the Town. Ms. Steinberg asked for some relief with regards to the BMP units on the project. Mayor stated Manager has been instructed to negotiate with the developers. - 2 - 475 April 6, l981 Los Gatos, California VERBAL Candy Rose, representative of West Valley College District, COMMUNICATIONS spoke on the needs of the community and the necessity for the (CONTINUED) Town and the District to work together. Lee Bowman, Chairman of the Live Oak Nutrition Center, stated he would like to extend an invitation to Council to attend the Nutrition Center 7th Anniversary Luncheon to be held on May 15th, 1981. APPEAL OF LYNDON Mayor Ferrito stated this was the time and place noted for the PLAZA DELI continued hearing on the appeal of Planning Commission’s approval of a conditional use permit to operate a delicatessen in the Lyndon Plaza complex at 20 S. Santa Cruz Ave. Mike Silva, appellant, spoke on his concerns re serving of pre- cooked food and would like clarification on how this would be done. Applicant Dan Esposto, stated all food served is regulated by the Health Department. Also, speaking was Richard Gaines, Chairman of the Planning Commission. There being no one else wishing to speak on this issue, Mrs. Rasmussen moved public hearing be closed. Mr. Ventura seconded. Unanimously carried. After further discussion, Mrs. Rasmussen moved for adoption of Resolution No. 1981-72 entitled, A RESOLUTION OF THE TOWN OF LOS GATOS AFFIRMINGG THE DECISION OF THE PLANNING COMMISSION, and deny the appeal. Mr. Ventura seconded. Unanimously carried. ZONE CHANGE Mayor Ferrito stated this was the time and place duly published SHANNON ROAD AREA for public hearing on the proposed zone change. L. Walton, SCHOOL PROPERTY Superintendent of the Los Gatos School District, spoke on the proposed zone change and the leasing of the School District property. Ormand Smith, 124 Hilow Court, stating that uses as referred to in the PS Zone are not compatible to the surrounding area. Max Peters, spoke against PS Zoning, stating it is to broad and the finding of the Planning Commission was inconsistent with the General Plan, and this petition should be denied. Dale Hill, spoke on definitions as listed under permitted uses in Ordinance No. 1452. After further discussion, Mrs. Cannon moved this matter be referred back to Planning Commission for review of permitted uses. Mayor Ferrito would like motion to include the possible merger of the PS and Public Facility Zones. Maker of motion accepted amendment. Mr. Ventura seconded and asked for amendment to motion on the need to retain open space and turf areas for public uses. Maker of motion accepted said amendment. Motion carried Unanimously. After Further discussion, Council referred the matter back to Planning for further study of possibly split- ting the zoning, revisions to PS zone and evaluation of permitted uses, possible merger of PS and Public Facility zones and the retention of open space and turf areas. It was decided to reopen the public hearing and continue it to a later date. Mrs. Cannon moved public hearing be reopened. Mr. Ventura seconded. Unanimously carried. Mrs. Cannon moved the hearing be continued to the meeting of May 4th, 1981. Mr. Ventura seconded. Unanimously carried. APPEAL OF Mayor Ferrito stated this was the time and place duly published GARAGE EXPANSION for public hearing to consider the appeal of Planning Commission's 301 OAK MEADOW denial of an Architecture and Site application for a garage DRIVE expansion at 301 Oak Meadow Drive. Ernest Miller, developer of the project, spoke on the appeal. There being no one else wishing to speak on this issue, Mr. Ventura moved hearing be closed. Mrs. Cannon seconded. Unanimously carried. After further discussion, Mr. Ventura moved for adoption of Resolution No. 1981-73 entitled, A RESOLUTION OF THE TOWN COUNCIL AFFIRMING A DECISION OF THE PLANNING COMMISSION, and deny the appeal. Mrs. Cannon seconded. Unanimously carried. It was consensus of Council that the appellant may reapply as an amendment to PD and credit will be given for previously paid fees. - 3 - 476 April 6, 1981 Los Gatos, California NONCONFORMING Mayor Ferrito stated this was the time and place duly USES published for public hearing to consider a Zoning Ordinance amendment, modifying the provision of the non-conforming use section relating to the expansion of nonconforming uses. There being no one from the audience wishing to speak on this issue, Mrs. Rasmussen moved hearing be closed. Mr. Siemens seconded. Unanimously carried. Mrs. Rasmussen moved reading be waived for AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONING ORDINANCE CONCERNING NON-CONFORMING USES. Mrs. Cannon seconded. Unanimously carried. Clerk read title. Mr. Ventura moved to amend the ordinance by putting back the wording of "Including, but not limited to . . .",, after the first sentence of See. 3.50.085 subsection (1) and; Sec. 5.20.230 subsection (1). Mr. Ferrito seconded. Unanimously carried. Mrs. Cannon moved ordinance be introduced as amended. Mrs. Rasmussen seconded. Unanimously carried. LEAGUE MEETING Mayor referred to request from Attorney Hays, to attend the ATTENDANCE BY League of California Cities meeting at the Town’s expense. ATTORNEY Mr. Ventura moved request be approved. Mr. Siemens seconded. Unanimously carried. Town Attorney's contract with the Town to be modified and reviewed at the next Council meeting. AUTHORIZING Mr. Siemens moved for adoption of Resolution No. 1981-74 ATTORNEY - FILE entitled, A RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING SUIT ON MEDFLY THE TOWN ATTORNEY TO FILE SUIT TO ENJOIN AERIAL SPRAYING OF SPRAYING MALATHION UNTIL ALL REQUIREMENTS OF LAW ARE MET. Mr. Ventura seconded. Unanimously carried. KNIGHTS OF Town Manager, David Mora, referred to his report re complaints COLUMBUS ZONING received re the creating of noise and the parking problems in VIOLATIONS the area caused by use of the hall at 17115 Wedgewood Avenue. He stated a letter had been sent to the State (owner of the property), recommending the lease they hold with the Knights of Columbus be revoked. Mr. Chase, representative of the Knights of Columbus, stated their organization had received no notice from the State about revoking their lease. After further discussion, Mr. Ventura directed staff to contact the State informing them that the zoning of the area prohibits the use of the building but, will allow the use until the Knights of Columbus' lease expires in October, 1981. Mr. Siemens seconded. Unanimously carried. ELKS CLUB - Town Manager referred to his report re complaints of display PARKING LOT of advertising banners; service of food to other than those members belonging to the organization and leasing of a parking area which is accessory to another use. Speaking on the violations were Mrs. Bergholdt, who presented Council with pictures showing the illegal parking on the lower parking lot. Mrs. Helen Boitano, spoke of the noise. Others speaking on the violation were John Peirini and Mr. Aiello. Mr. Richard Zemke, stated violations have been corrected. Further discussion was held as to whether the violations had been corrected or not. Mr. Ventura moved this be referred to staff with report back to Council at the May 4th, 1981, meeting . Mr. Siemens seconded. Carried by a vote of four ayes. Mrs. Cannon abstained. (Amended 4/20/1981)) MOTORCYCLE CLUB David Mora, Town Manager, referred to report :re illegal use VIOLATIONS of property at 17159 Wedgewood Avenue. After further discussion it was consensus of Council to direct Attorney to respond to the club and report back at the May 4th, 1981, meeting. MONTHLY PLANNING Mrs. Cannon moved Council accept the status of Planning matters REPORT for April.- Including the Planning Commission-department work priorities April through June 1981. Mr. Siemens seconded. Unanimously carried. - 4 477 April 6, 1981 Los Gatos, California COUNTY REFERRALS Mr. Siemens moved to accept staff recommendation on the following: 1361-26-46-81V Bear Creek Rd Rohlott Variance to reduce side yard no comment. 1370-32-44-81B Soda Springs Rd. Corey Single family home no comment. 1371-32-43-81B Soda Springs Rd. Collins Single family home no comment. 1369-34-43-81B Soda Springs Rd. Barrick Single family home no comment. 1372-27-41-81B Santa Ana Rd. Frost Single family home no comment. 1377-28-40-81V Summit Rd. Woods Variance to build two story accessory bld. no comment. 1374-30-52-81B-81P Englewood Ave. Beadle Single family home & -cs Use permit Report to County Planning is unable to make required findings to grant the use permit. 991-30-52-81LA Englewood Ave. Beadle Appeal of lot line adjustment appeal denied by Bd-. of Sups. approval granted. Rae Schmuck, 16443 Englewood Avenue, spoke in opposition of lot line adjustment and asked staff to urge use permit be invalidated, as property is being annexed. Pat Beadle, spoke on lot line adjustment, stating the Board of Supervisors had granted approval. P. Franz, 16435 Englewood Avenue, asked that use permit be denied. After further discussion, Mrs. Rasmussen seconded the motion of Mr. Siemens to accept the above staff recommendations. Unanimously carried. SHANNON ROAD AND Mrs. Cannon moved for adoption of Ordinance No. 1494 entitled, KENNEDY ROAD AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONING PREZONING ORDINANCE EFFECTING ZONE CHANGE NO. 48 PREZONING TO HR-5, HR- 20 AND RC. Mrs. Rasmussen seconded. Unanimously carried. Manager instructed to respond to letter from Mr. Weinman. SLURRY SEAL Mrs. Cannon moved for adoption of Resolution No. 1981-75 VARIOUS STREETS entitled, RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS PROJECT 249-SS GATOS APPROVING PLANS AND SPECIFICATIONS FOR SLURRY SEALING OF VARIOUS STREETS, PROJECT NO. 249-SS, and authorize the Town Clerk to advertise for bids to be received on April 22nd, 1981, at 3:00 p.m. Mr. Siemens seconded. Unanimously carried. NOTICE OF Mrs. Cannon moved Notice of Completion and Certificate of COMPLETIONS Acceptance be approved for the following: Wheelchair Ramp at the Los Gatos Museum, Project 250- RS. Repair of Sanitary Sewer line in Los Gatos Creek, Project SF 80-1. Mr. Siemens seconded. Unanimously carried. PARKING 3jLrs. Cannon moved for adoption of Resolution No. 1981-76 RESTRICTION - entitled, PARKI14G RESTRICTION - TAIT AVENUE. Mr. Siemens TAIT AVENUE seconded. Unanimously carried. HANDICAPPED Mrs. Cannon moved for adoption of Resolution No. 1981-77 PARKING - TAIT entitled, HANDICAPPED PARKING - TAIT AVENUE. @Ir. Siemens AVENUE seconded. Unanimously carried. - 5 - 478 April 6, 1981 Los Gatos, California TDA FUNDS FOR Mrs. Cannon moved for adoption of Resolution No. 1981- 78 BICYCLE RACKS entitled, RESOLUTION AUTHORIZING THE FILING OF AN APPLICATION WITH THE METROPOLITAN TRANSPORTATION COMMISSION FOR ALLOCATION OF TRANSPORTATION DEVELOPMENT ACT FUNDS FOR FISCAL YEAR 1981-82 (Crossed out and changed to 78. Mr. Siemens seconded. Unanimously carried. BROADWAY Mrs. Cannon moved for adoption of Resolution No. 1981- 79 EXTENSION entitled, A RESOLUTION ORDERING REDUCTION OF CERTAIN ASSESSMENT ASSESSMENTS - BROADWAY EXTENSION. Mr. Siemens seconded. DISTRICT Unanimously carried. Mrs. Cannon moved for adoption of Resolution No. 1981- 80 entitled, A RESOLUTION DETERMINING UNPAID ASSESSMENTS AND PROVIDING FOR ISSUANCE OF BONDS. Mr. Siemens seconded. Unanimously carried. MARCH PAYROLL Mrs. Cannon moved March payroll in the amount of $246,625.88, AND WARRANT and March warrant demands in the amount of $311,978.55, be DEMANDS approved. Mr. Siemens seconded. Unanimously carried. RENT MEDIATION Mrs. Cannon moved for adoption of Ordinance No. 1495 entitled, AMENDMENT AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING CHAPTER 24 OF THE TOWN CODE TO RESOLVE CERTAIN ISSUES OF INTERPRETATION. Mr. Siemens seconded. Unanimously carried. WILDER LOT Mr. Mora explained the proposal the Town received from Mid- MOVE-ON PROJECT Peninsula Coalition Housing Fund re the moving of the Town owned apartment to the Town owned Wilder Avenue lot. Speaking from the audience on this issue were Mr. Walton, representative of the Mid-Penlnsula Coalition Housing Fund, Keith Hosper and Bob Cowan. After further discussion, Mr- Ventura moved for adoption of Resolution No. 1981-81 entitled, A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LCS GATOS TO ACCEPT A PROPOSAL FOR ASSISTED HOUSING AS PRESENTED BY COALITION HOUSING FUND. Mrs. Cannon seconded. Unanimously carried. SIGNALIZATION After some discussion on concept plan for this signalization, N. SANTA CRUZ Mr. Ventura moved this matter be rescheduled and set for AVENUE & ANDREWS public hearing on May 4th, 1981, meeting and property owner's STREET in the surrounding areas be notified of said hearing. Mr. Siemens seconded. Unanimously carried. PROPOSED GAS Mr. Ventura moved Council accept staff recommendation and TAX INCREASE adopt Resolution No. 1981-82 entitled RESOLUTION OF THE TOWN OF LOS GATOS REGARDING STREET AND HIGHWAY FINANCING. Mr. Siemens seconded. Unanimously carried. OLDE DRIVE Director of Public Works referred to request from Mr. & Mrs. COMPLAINT Douglas Lincoln to review the status of Olde Drive. Mr. Douglas, spoke on the request for review stating the road goes over his property. E. Mannon, 152 Clover Way, stated how dangerous the road is. After further discussion, Mr. Siemens moved this matter be referred back to staff for report and explore as to the Town's rights. Mr. Ventura seconded. Unanimously carried. CIVIC CENTER Mrs. Cannon moved to accept staff recommendation and HANDICAPPED approve a supplemental appropriation in the amount of $7,500 ACCESS from Construction Tax Fund. Mr. Siemens seconded- Unanimously carried. COMMUNITY GOALS It was consensus of Council that a work session be set for Monday, April 13, 1981, at 7:30 p.m., to follow-up on the community goals identification process. - 6 - 479 April 6, 1981 Los Gatos, California VILLA VASONA Mr. Hays, Town Attorney, spoke on changes made in the AGREEMENT agreement. Mr. Jack Sheehan also spoke on said changes. Discussion was held in general on the different changes. After further discussion, in general, on the suggested changes, Mr. Siemens moved for adoption of Resolution No. 1981-83 entitled, A RESOLUTION AUTHORIZING AGREEMENT BETWEEN THE TOWN OF LOS GATOS AND VILLA VASONA, LTD., and authorize the Mayor to sign the agreement for disposition of property between the Town and the named developers. Mr. Ventura seconded. Carried by a vote of three ayes. Mrs. Cannon and Mrs. Rasmussen voting no. CONSULTANTS Mr. Siemens moved for adoption of Resolution No. 1981- 84 GENERAL PLAN entitled, A RESOLUTION AUTHORIZING AGREEMENT WITH GENGE REVIEW & DOWNTOWN CONSULTANTS OF SOUTHERN CALIFORNIA and authorize Mayor to SPECIFIC PLAN sign an agreement for consultant services between the Town of Los Gatos and Genge Consultants. The Council to appropriate $173,052, from the unappropriated reserve of the General Fund for payment under the agreement. Mrs. Rasmussen seconded. Unanimously carried. HUGHES, HEISS Manager presented report on the Hughes, Heiss & Associates REPORT recommendations. It was consensus of Council to accept said report and recommendations be discussed at the work sessions. TDA- FUNDING 4.5 Mr. Siemens moved for adoption of Resolution No. 1981- 85 APPLICATION FOR entitled, RESOLUTION AUTHORIZING THE FILING OF A CLAIM WITH FISCAL YEAR THE METROPOLITAN TRANSPORTATION COMMISSION FOR ALLOCATION OF 1981-82 TRANSPORTATION DEVELOPMENT ACT FUNDS FOR FISCAL YEAR 1981-82. (This is for continued operation of the Los Gatos/Saratoga/ Monte Sereno Transit Assist paratransit program), that Council approve suggested plan for the acquisition of a second Transit Assist vehicle. Council to authorize an amendment to the current (Fy 1980-81) year's program to include an additional $12,000, for capital acquisition for possible purchase of a fully accessible van this year. Mr. Ventura seconded but noted this was being done under protest. Carried by a vote of four ayes. Mrs. Cannon voting no. TOWN LOGO Continued to the next Council meeting. REFORM OF Mr. Ventura moved for adoption of Resolution No. 1981- 86 ELECTION PROCESS entitled, A RESOLUTION CALLING FOR REFORMS IN THE ELECTION PROCESS. Mrs. Rasmussen seconded. Unanimously carried. RATE INCREASES Mayor Ferrito referred to Notice of General Telephone Company OF GENERAL increase of rates and spoke against said increase. Mr. J. TELEPHONE CO. Keil, Los Gatos Division Manager of the General Telephone Company, spoke on behalf of the increases and explained the conversion to Zone Usage Measurement Rates (ZUM). Further discussion was held as to where the hearings are being held and noted they are all being held in Southern California. Councilman Ventura stated he would volunteer to represent the Town at one of the hearings and register their opposition against the increase of rates. COMMISSION Mr. Mora, asked for clarification from the Council members if MINUTES they are satisfied with the minutes as provided by the Commissions. They indicated they are satisfied with the minutes. ADJOURNMENT Mrs. Rasmussen moved meeting be adjourned at 2:15, p.m., Tuesday, April 7, 1981. Mr. Siemens seconded. Unanimously carried. ATTEST: Rose E. Aldag 7 Town Clerk 48O April 20, 1981 Los Gatos, California TOWN COUNCIL The Town Council of the Town of Los Gatos met in the Council Chambers of the Town Hall at 7:30 p.m., in regular session. ROLL CALL PRESENT: Ruth Cannon, MarLyn J. Rasmussen, Peter W. Siemens, Brent N. Ventura and Mayor Thomas J. Ferrito. ABSENT: None. PLEDGE OF ALLEGIANCE Given by all in attendance. PRESENTATION Mr. Ralph Alworth, Urban Forester and another member of Division of Forestry presented the "Tree City USA" award plaque and banner to Mayor Ferrito. Los Gatos received the award based on high urban forestry standards and because the community and its governing body recognize the value of its numerous trees. ELECTION OF The chair opened nominations for Mayor. Mrs. Rasmussen moved MAYOR Mr. Peter W. Siemens be nominated. Mr. Ventura seconded. Unanimously carried. There being no further nominations, Mayor Ferrito declared nominations closed. Mr. Siemens was elected Mayor of Los Gatos on the white ballot. ELECTION OF The chair declared nominations open for Vice-Mayor. Mrs. VICE-MAYOR Rasmussen moved Brent Ventura be nominated as Vice-Mayor. Mrs. Cannon seconded. Unanimously carried. There being no further nominations, Mayor Siemens declared nominations closed. Mr. Ventura was elected Vice-Mayor of Los Gatos on the white ballot. MINUTES Mrs. Rasmussen asked for correction of the minutes on page 4, subject - ELKS CLUB PARKING LOT. Minutes should reflect that Mr. Aiello did not speak. Mrs. Cannon moved minutes be approved as corrected. Mr. Ventura seconded. Unanimously carried. WRITTEN 1. Letter from Barbara Seith, owner of property at 16505 So. COMMUNICATIONS Kennedy Road, re the refusal of the Town to issue her a Certificate of Occupancy for her property due to Mr. Folberg apparently illegally grading a small portion of land with- out the Town's permission. (Relates to agenda item VIII-D) Hold for later agenda item. 2. Letter from Attorney Randall D. Reedy, representing C.B. Hannegan's Restaurant, requesting public hearing scheduled for tonight, be continued to June 15, 1981. Mr. Ferrito moved request be -ranted. Mrs. Rasmussen seconded. Unanimously carried. 3. Letter from Karl M. Pearson, Jr., inquiring as to possibility of the Los Gatos Library joining with its neighbors In the South Bay Cooperative Library System so residents could receive all benefits of library services to which their federal and state taxes entitle them. It was consensus of Council to refer this to staff and also the Library Board. Town Manager to respond to Mr. Pearson. 4. Notice from General Telephone Co., of application filed with the Public Utilities Commission for authority to increase certain rates and charges for telephone services. Note and file. 5. Notice from Pacific Gas & Electric of application filed with the Public Utilities Commission requesting authorization to become a participant in Cool Water Program and authorize recovery of its expenditures resulting from said participation Note and file. 6. Letter from Shirley Wimmer, 14850 Blossom Hill Road, opposing a "Swinging Singles" newspaper being offered for sale, at the newspaper racks located across from the Los Gatos Post Office. Letter referred to Town Attorney, Walter Hays, for response. 7. Letter from Randy Michelson, 14210 Summit Woods, opposing the outlawing of cruising in the downtown area. Letter referred to the Youth Commission for response. - 1 - 481 April 20, 1981 Los Gatos, California WRITTEN 8. Letter from Kimberly Gardner, 16141 Escobar Avenue, opposing COMMUNICATIONS the "No Parking" on Sunday afternoons on North Santa Cruz (CONTINUED) Avenue. Letter referred to Youth Commission for response. 9. Letter from Kevin Kahlman, 15442 Via Palomino, Monte Sereno, who feels the Town should increase its efforts to stop cruising. Referred to Youth Commission for response. 10. Letter from O.L. Johns, 151 14. Santa Cruz-Avenue, protesting the use of the public sidewalk in front of his property, being used for bus passenger pick-up. Referred to staff for response and a copy of letter sent to the Community Service and Development Commission for study with regard to locating a bus depot. 11. Revenue and expenditure reports for the month of March, 1981, from the Office of Town Clerk. 12. Treasurer's report for the month of March, 1981. BID AWARD Mrs. Rasmussen moved Council accept staff recommendation and WHEELCHAIR award the contract for this work to James Griffiths, in the RAMPS 244-HCDA amount of $24,125.00 and authorize the Mayor and Clerk to sign the standard contracts on behalf of the Town. Also, authorize the staff to negotiate a change order to increase the scope of work to utilize available Federal Funds (total $39,500.00) and appropriate $39,500.00, from the HCDA Fund to cover construction costs. Mr. Ventura seconded. Unanimously carried. BID AWARD Mrs. Cannon moved Council accept staff recommendation and award CIVIC CENTER the contract to low bidder C-V.E., Inc., in the amount of UNDERGROUND $14,500.00 and authorize the Mayor and Clerk to sign the contract ELECTROLIERS on behalf of the Town. Also, allocate $16,000.00 for the year's PROJECT 236-UU Construction Tax Fund for underground utilities to cover construction costs and approximately 10% contingencies for the project. Mrs. Rasmussen seconded. Unanimously carried. PARK EMPLOYEES Bill Callahan, business agent with American Federation of State, COMPLAINT County and Municipal Employees', representing the workers of the Los Gatos Park Department on an unresolved issue that Park empolyee's have over week-end work without extra compensation and the emotional stress this has upon the employees. He also stated that Rangers and work study students are employeed by the Town and they do not have to work the long hours and always have their week-ends off. Mr. Bill Hays, employee in the Park's Department spoke on the differences of work schedules. After further discussion the Mayor stated this would be referred to staff for further study. APPEAL - CAMP Mayor Siemens stated this was the time and place noted for 4 UNIT CONDO AT continued public hearing on the appeal of Planning Commission's 14991 WINCHESTER denial of a Subdivision Application and Conditional Use Permit BOULEVARD for determination of precise density and construction of a 4-unit condominium at 14991 Winchester Boulevard. Attorney Randall Reedy, representing the appellant, spoke for the appeal. He stated the zoning use Is compatible and if Council denies the appeal he asked them to be very specific in their findings. There being no one else wishing to speak on this issue, Mr. Ferrito moved hearing be closed. Mrs. Rasmussen seconded. Unanimously carried. After further discussion, Mr. Ferrito moved to grant the appeal with findings that the Planning Commission erred and bases for denial was erroneous. The Planning Commission did not have adequate legal grounds for denial, as the development is consistent with the General Plan. Mrs. Cannon seconded. Motion fails. Mrs. Rasmussen, Mr. Ventura and Mayor Siemens voting no. Mr. Ventura moved to deny the appeal and affirm the decision of the Planning Commission and adopt Resolution No. 1981-87 entitled, A RESOLUTION AFFIRMING A DECISION OF THE TOWN PLANNING COMMISSION and the findings are as follows: (1) The proposed use is contrary to the General Plan designation of a transportation corridor; (2) The proposed 2 482 April 20, 1981 Los Gatos, California APPEAL - CAMP use for condominiums is contrary to the General Pi-an statement 4 UNIT CONDO of need for rental units; and (3) Use Permit findings of _public AT 14991 benefit cannot be made because it is contrary to the public WINCHESTER BLVD. benefit to build housing in a transportation corridor. Mrs. (CONTINUED) Rasmussen seconded. Carried by vote of three ayes. Mrs. Cannon and Mr. Ferrito voting no. BED AND BREAK- Mayor Siemens stated 'this is the time and place duly published FAST INN - ZONE for public hearing to consider Planning Commission's denial of AMENDMENT a Zoning Ordinance amendment to allow a bed and breakfast inn as an activity allowed in certain residential and commercial zones, if Conditional Use Permit is issued and modifications to the parking requirements. Mr. Philip Vlamis, 123 University Avenue, spoke in favor of the project. There being no one else wishing to speak on this issue, Mr. Ferrito moved hearing be closed. Mrs. Rasmussen seconded. Unanimously carried. After further discussion, Mr. Ventura moved Council table this matter, pending the review and recommendation from the consultant study in Downtown Specific Plan, and this issue be reconsidered at the time of the Downtown Specific Plan adoption. Mrs. Rasmussen seconded. Carried by a vote of four ayes. Mx,. Ferrito voting no. APPEAL - Continued to June 15, 1981, as requested. C.B. HANNEGAN's APPEAL - FOLBERG Mayor Siemens stated this is the time and place duly published GRADING AT for public hearing to consider the appeal of Planning Commission's 16505 S. KENNEDY denial of Architecture and Site Application S-79-31B, for ROAD retaining wall construction and grading at 16505 S. Kennedy Road. Harry Folberg, 16146 S. Kennedy Road, owner of adjacent property, stated he was sorry for the illegal grading but felt the building of the fence would keep the ground from eroding. Milo Gwosden, Attorney for Mrs. Seith, spoke on the appeal and asked for the granting of the Use and Occupancy for his client. After further discussion, and there being no one else wishing to speak on this issue, Mrs. Cannon moved hearing be closed. Mrs. Rasmussen seconded. Unanimously carried. Discussion was held on the replacement of dirt where the illegal grading was done. Council questioned whether the hillside could be restored to its prior contours and the dangers of eroding when the rains come. Director of Public Works stated the dirt could be replaced and compacted and there should be no problems. Mr. Ferrito moved for denial of the appeal and for adoption of Resolution No. 1981- 88 entitled, A RESOLUTION APPROVING THE DECISION OF THE LOS GATOS PLANNING COMMISSION, with the findings that the applicant shall reconstruct the illegally graded hill and landscape it to avoid erosion and improve the hill's appearance with provisions guaranteeing maintenance for a few years, all to the satisfaction of the Public Works Department. Mrs. Rasmussen seconded. Unanimously carried. RECESS Mayor declared a five minute recess. Meeting reconvened at 10:00 P.M. APPEAL - LEASING Mayor Siemens stated this vas the time and place duly published OR SUB-LEASING for public hearing to consider an appeal of Architecture and BUILDING AT 367 Site Application S-80-60, condition no. 5 "The leasing or sub- LOS GATOS BLVD. leasing of office space shall not exceed 5 years from the issuance of a final occupancy permit for those spaces", for 367 Los Gatos Boulevard. Mr. Jerry Hagen spoke against the condition being placed on the building. He stated they want to restore the old victorian building and wish to borrow money to pay for the cost of rehabilitation but, if a time leasing condition is placed on this property they will not be able to get a loan. mr. Gallagher, owner of the property next to the building, spoke against having a commercial office building next to his property. - 3 - 483 April 20, 1981 Los Gatos, California APPEAL - LEASING There being no one else wishing to speak on this issue, Mrs. OR SUB- LEASING Rasmussen moved hearing be closed. Mr. Ferrito seconded. BUILDING AT 367 Unanimously carried. Discussion was held concerning Town LOS GATOS BLVD. rights and the need for further information. Mrs. Rasmussen moved the hearing be reopened and continued to May 18,1981, and staff to report on Town’s controls with reference to use permits. Mr. Ventura seconded. Unanimously carried. MIDPENINSULA The Town Manager referred to his report detailing the conditions REGIONAL OPEN and responsibilities under which the Town and the District SPACE DISTRICT would purchase, maintain, develop and operate this regional JOINT POWERS park and open space preserve and the conditions the agreement AGREEMENT (LOS would include. Craig Britton and Kay Duffy, representing the GATOS CREEK Mid-Peninsula Regional Open Space District, spoke on the PARK) agreement. Disucssion was held on agreement re access to the park. Egon Jensen, 182 Lester Lane, suggested Council to meet with the district and come up with a specific plan. After further discussion, Mr. Ferrito moved for adoption of Resolution No. 1981-89 entitled, A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS APPROVING AND AUTHORIZING EXECUTION OF A JOINT POWERS AGREEMENT FOR PURCHASE OF REAL PROPERTY AND AUTHORIZING TOWN MANAGER TO EXECUTE ANY AND ALL OTHER DOCUMENTS NECESSARY OR APPROPRIATE TO CLOSING OF THE TRANSACTION (LOS GATOS CREEK PARK). Mrs. Cannon seconded. Unanimously carried. ACQUISITION OF The Town Manager spoke on his report on acquisition of land from PROPERTY (LOS the Novitiate for Los Gatos Creek Park, stating that residents GATOS CREEK enjoy hiking and jogging on the property and have expressed PARK/NOVITIATE) interest in its preservation as open space and parkland. Due to its location adjacent to a reservoir recreation area with easy access to a State Highway, such a park would not only attract local visitors, but would be readily accessible to residents of the entire midpeninsula, giving such an acquisition project regional significance. Father James Brennan, spoke against the acquisition, stating the Novitiate did not wish to sell the property but keep it for their needs. Discussion was held on possible easement to the property. Mrs. Pearce, College Avenue, spoke against the acquisition, stating the residents in her area do not want the park and does not feel the Town has to furnish parks for the midpeninsula residents. Mary Hayes, 214 E. Main St., gave statistics on various parks in the County. Egon Jensen, spoke as to cost of Police protection and questioned if anrone had thought of the extra expense this would take for patrolling. Pat Hazel, Saratoga resident, and Bobbie Crafford both spoke against the acquisition and condemnation proceedings. Carol Connors, of the Los Gatos Board of Realtors, stated she would like to remind Council that this week we are celebrating "PRIVATE PROPERTY WEEK" and a proclamation was signed for this. There being no one else wishing to speak on this issue, Mr. Ferrito moved hearing be closed. @. Ventura seconded. Unanimously carried. After further discussion, Mr. Ferrito moved for adoption of Resolution No. 1981-90 entitled, RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS, FINDING AND DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION OF CERTAIN PROPERTIES FOR PUBLIC USE, TO WIT: FOR PUBLIC PARK, RECREATION AND OPEN SPACE PURPOSES, DESCRIBING PROPERTIES NECESSARY THEREFOR, AND AUTHORIZING AND DIRECTING ITS RETAINED LEGAL COUNSEL TO DO EVERYTHING NECESSARY TO ACQUIRE ALL INTERESTS THEREIN (LOS GATOS CREEK PARK-NOVITIATE PROPERTY). Mr. Ventura seconded. Carried by roll call vote of four Ayes: Mrs. Cannon, Mr. Ferrito, Mr. Ventura and Mayor Siemens. Noes: Mrs. Rasmussen. DEDICATION OF Town Attorney, Mr. Hays, presented a proposed ordinance which OPEN SPACE requires dedication of open space. Discussion was held on some corrections or additions to the proposed ordinance. Mrs. Rasmussen moved the reading be waived for AN ORDINANCE OF THE TOWN OF LOS GATOS ADDING SECTION 27-48 TO THE TOWN CODE REQUIRING DEDICATION OF OPEN SPACE. Mr. Ferrito seconded. Unanimously 4 484 April 20, 1981 Los Gatos, California DEDICATION OF carried. Clerk read title. Mr. Ventura moved Ordinance be OPEN SPACE introduced as amended. Mrs. Rasmussen seconded. Unanimously carried. TOWN ATTORNEY The Town Attorney stated this amendment was necessary as he is EMPLOYMENT no longer employed at Morgan Hill, therefore, they are not AGREEMENT obligated to pay any portion of his expenses towards attendance AMENDMENT of conferences, etc. Mr. Ferrito moved for the adoption of Resolution No. 1981-91 entitled, A RESOLUTION APPROVING AMENDMENT TO EMPLOYMENT AGREEMENT BETWEEN TOWN OF LOS GATOS AND WALTER V. HAYS. Mrs. Rasmussen seconded. Unanimously carried. MOBILE/MFG It was consensus of Council this be held for the May 4th, 1981 HOMES ON R-1 meeting. LOTS MODIFYING Mrs. Cannon moved for adoption of Ordinance No. 1496 entitled, PROVISIONS OF AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONING NONCONFORMING ORDINANCE CONCERNING NONCONFORMING USES. This amendment sets USE SECTION up the procedure whereby the Town can better regulate modification to nonconforming uses. Mrs. Rasmussen seconded. Unanimously carried. COUNTY REFERRALS Mrs. Cannon moved to accept staff recommendation on the following: 1391-28-40-81B Mt. Charlie Rd. Josselyn Single family home no comment. 1382-28-41-81B Madrone Dr. Beedle Single family home no comment. 12S78.8 Old Santa Cruz.Hwy. Cassel Time ext. for 2-lot subdiv. no comment. 1393-29-41-81B Call of Wild Rd. Derylo Single family home no comment. 1414-26-41-81B Zella Ct. Briggs Single family home no comment. 12378.9(R2) Skyline Blvd. Follette Revision to previously approved 4-lot subdiv. no comment.. 1387-30-49-81P Maya Way Lore Single family home and -cs use permit Property not contiguous to the Town boundary, but is annexable because it is adjacent to 2 other properties which are subject to recorded annexation agreements with the Town. Request County to deny application for conditional use permit based on fact that property is annexable and authorize staff to contact current properties subject to annexation agreements to ask for their signatures on annexation petition. 1398-33-51-81B Top of the Hill Rd. Thrift Single family home Town requests that action on application be delayed until proper plans are submitted and any approval to be granted be subject to a recorded annexation agreement with the Town. Mr. Ventura seconded. Unanimously carried. HANDICAPPED Mrs. Cannon moved to accept staff recommendation and adopt PARKING AND Resolution No. 1981-92 entitled, RESOLUTION RESCINDING HESCLUIIC14S RESTRICTED NO. 1981-77 and 1981-78 CONCERNING PARKING RESTRICTIONS AND PARKING AT LOS HANDICAPPED PARKING ZONE - LOS GATOS MUSEUM. Mr. Ventura seconded. GATOS MUSEUM Unanimously carried. CIVIC CENTER Mrs. Cannon moved for adoption of Resolution No. 1981-93 entitled, UNDERGROUND RESOLUTION EXTENDING THE COMPLIANCE DATES FOR CIVIC CENTER PROJECT 236-UU UNDERGROUND DISTRICT NO. 1979-1, PROJECT 236-UU. Mr. Ventura seconded. Unanimously carried. NOTICE OF Mrs. Cannon moved for approval of the following Notices of COMPLETION Completion and Certificates of Acceptance: Causey Lane (Nina Court) 3-lot subdivision (Williamson) - 5 - April 20, 1981 Los Gatos, California NOTICE OF 14850 Los Gatos Boulevard (Caucutt) COMPLETION Mr. Ventura seconded. Unanimously carried. (CONTINUED) BLOSSOM HILL Mrs. Cannon moved to accept staff recommendation and authorize TENNIS COURTS bid opening for May 1, 1981, at 3:00 P.M., for re- surfacing and RESURFACING striping of six tennis courts at Blossom Hill-Park. Mr. Ventura seconded. Unanimously carried. KNOWLES DRIVE Mrs. Cannon moved to accept staff report on the schedule for ASSESSMENT Knowles Drive Assessment District. Mr. Ventura seconded. DISTRICT Unanimously carried. INTERGOVERNMENTAL Mrs. Rasmussen moved to accept staff recommendation and Council REFERRAL SYSTEM take a neutral position on the referral system. Mr. Ferrito seconded. Unanimously carried. TOWN FISCAL Mr. Ferrito moved to accept staff recommendation and the Council YEAR 1980-81 concur with the revised revenue estimates for the current fiscal THIRD QUARTER year and that Council appropriate $148,500, to the appropriated BUDGET REPORT contingency of the General Fund. Mr. Ventura seconded. Unanimously carried. HUGHS, HEISS Mr. Mora presented a report on recommendations of the ASSOCIATES Management Report. Mr. Ferrito moved to approve staff recommend- MANAGEMENT ation of (A) Establishment of a Community Development Department REPORT responsible for current functions of the Planning Department, Building Department and Community Programs Office. (B) Reorganization of the Town Manager's Office and the General Services Department to provide for the position of Assistant Town Manager. Mr. Mora authorized to proceed with recruitment of Community Development Director and Assistant Town Manager. Mr. Siemens seconded. Carried by a vote of three ayes. Mrs. Cannon and Mrs. Rasmussen voting no. On recommendation of (C) Conduct a community attitude survey to assure that services provided by the Los Gatos Police Department are compatible with resident views, opinions and needs. Council requested report from staff at later date. GENERAL PLAN It was consensus of Council to approve selection process. Council REVIEW/DOWNTOWN members to submit up to ten nominees for Citizens Advisory SPECIFIC PLAN Committee by noon Wednesday, April 22, 1981. Council meeting will be adjourned to 4:00 P.M., Thursday, April 23, 1981, to discuss appointments. If this process Is not acceptable to any one Council member then, each Council member will appoint five members to the Committee. COUNTY TRANS- Mrs. Rasmussen moved to accept staff recommendation and approve PORTATION proposal in concept. Request staff to work with County on PROGRAM details of proposal and report back to Council. Mr. Ventura seconded. Carried by vote of four ayes. Mrs. Cannon voting no. TOWN LOGO No action taken. MAYOR Mayor Siemens announced the following appointments: APPOINTMENTS Association of Bay MarLyn j. Rasmussen Representative Area Government Brent N. Ventura Alternate County Sanitation Peter W. Siemens Representative District #4 Brent M. Ventura Alternate County Water Conservation MarLyn J. Rasmussen Representative Advisory Committee Ruth Cannon Alternate County Transportation Peter W. Siemens Representative Policy Committee *Thomas J. Ferrito Alternate 6 486 April 20, 1981 Los Gatos, California MAYOR Inter-City Council Ruth Cannon Representative APPOINTMENTS Marlyn j. Rasmussen Alternate (CONTINUED) Intergovernmental Brent N. Ventura Representative Council Peter W. Siemens Alternate HCD/CAC Committee Brent N. Ventura Representative Marlyn J. Rasmussen Alternate Live Oak Nutrition Ruth Cannon Representative Board Peter W. Siemens Alternate Central Fire Board Ruth Cannon Representative of Commissioners MarLyn J. Rasmussen Alternate Peninsula Division/ MarLyn J. Rasmussen Representative League of California Thomas J. Ferrito Alternate Cities Bay Area Air Quality Thomas J. Ferrito Representative Maintenance Board *Nonvoting member PARKING AT Discussion was held on the needs for more parking at the Civic CIVIC CENTER Center. Mr. Ventura moved this be referred to staff for study for additional parking spaces in the Civic Center Parking-Lot. Mrs. Cannon seconded. Carried by vote of four ayes. Mayor Siemens voting no. ST. PATRICK’S It was consensus of Council to appoint a Council subcommittee DAY EVENTS to work with the Chief of Police and downtown business repre- sentative regarding the St. Patrick's Day events. Mr. Ferrito and Mrs. Rasmussen appointed to the subcommittee. COMMISSION Discussion was held on current commission vacancies. Staff to VACANCIES prepare news release ADJOURNMENT Mrs. Rasmussen moved meeting be adjourned at 1:00 A.M., Tuesday, April 21, 1981, to be continued to 4:00 P.M., Thursday, April 23, 1981. Mr. Ferrito seconded. Unanimously carried. ATTEST: Rose E. Aldag Town Clerk 7 487 April 23, 1981 Los Gatos, California TOWN COUNCIL The Town Council of the Town of Los Gatos met in the Conference Room of the Town Hall at 4:10 P.M., in an adjourned regular session. PRESENT: Ruth Cannon, Thomas J. Ferrito, MarLyn J. Rasmussen, Brent 14. Ventura and Mayor Peter W. Siemens. ABSENT: None. INTERIM Mayor Siemens stated the first order of business deals with an URGENCY ZONING Urgency Ordinance requiring Conditional Use Permit for the off- ORDINANCE premise sale of liquors. It was noted this ordinance is an AMENDMENT Urgency Interim Ordinance and expires in four months. Discussion was held re this becoming a permanent ordinance and questioned if all existing liquor sales businesses would become nonconforming uses? It was suggested that a grandfather clause could be added to cover existing businesses. In reviewing the proposed ordinance the following amendments were made: First paragraph, last line of Section A (1), omit "as compared to tourists or transients." Add a new Section 4 as follows: Section 4, The Town of Los Gatos has a higher per capita number of establishments selling alcoholic beverages than Santa Clara County. Renumber the former section 4 to 5. Mrs. Cannon moved reading be waived for AN URGENCY INTERIM ZONING ORDINANCE OF THE TOWN OF LOS GATOS REQUIRING A CONDITIONAL USE PERMIT FOR THE OFF-PREMISE SALE OF LIQUOR. Mr. Ventura seconded. Unanimously carried. Clerk read title. Mr. Ventura moved for adoption of Ordinance No. 1497 as amended entitled, AN URGENCY INTERIM ZONING ORDINANCE OF THE TOWN OF LOS GATOS REQUIRING A CONDITIONAL USE PERMIT FOR THE OFF-PREMISE SALE OF LIQUOR. Mrs. Cannon seconded. Unanimously carried. CITIZENS The Town Manager referred to a list of names submitted by Council ADVISORY members for the Citizens Advisory Committee. This committee will C03AMITTEE work with the consultants on the General Plan Review and Downtown Specific Plan. The committee should be composed of no more than twenty-five individuals and the mix of individuals should be representative of all interests in the Town including a geographic balance. Council at this time reviewed the list of names sub- mitted and a final list of names were given to the Town Manager. It was consensus of Council that it was a well balanced committee, geographically and has good representation from the different organizations. After further discussion the final count of committee members were 27. Coordination of final list will be determined prior to May 4th, 1981, meeting and Committee members will be advised. Discussion was held as to the selection of a Chairman for the committee. It was consensus of the Council that the committee select their own Chairman. ADJOURNMENT Mrs. Rasmussen moved meeting be adjourned at 5:30 P.m. Mr. Ferrito seconded. Unanimously carried. ATTEST: Rose E. Aldag Town Clerk 488 May 4, 1981 Los Gatos, California TOWN COUNCIL The Town Council of the Town of Los Gatos met in the Council Chambers of the Town Hall at 7:35 p.m. in regular session. ROLL CALL PRESENT, Ruth Cannon, MarLyn J. Rasmussen, Brent N. Ventura and Mayor Peter W. Siemens ABSENT: Thomas J. Ferrito PLEDGE OF ALLEGIANCE Given by all in attendance. PRESENTATION John O'Halleran, Manager of the Santa Clara Valley Flood Control, stated the Board is considering adoption of an assessment program and public hearing has been scheduled for June 9, 1981. Mr. O'Halleran introduced George Korbay, Manager of Operations, who spoke on the functioning of the system and benefit of an assessment program. He stated the basic assessment unit for single family would pay approximately $12.00 per year and this would be in addition to present tax of $28.00 per year and recommending to the Board to implement this assessment. Mrs. Cannon moved for adoption of Resolution No. 1981-94 entitled A RESOLUTION ENDORSING THE IMPLEMENTATION OF AN ASSESSMENT PROGRAM. Mrs. Rasmussen seconded. Unanimously carried. MINUTES Mrs. Rasmussen asked for correction of April 20th minutes as follows: Page 1 under Written Communications, re Notice of Rate Increase for General Telephone (action taken). Council to send letter of protest to General Telephone and Mr. Ventura to attend one of the PUC hearings and register Council’s opposition. Mr. Siemens referred to Page 7 of the April 20th minutes, subject Parking at Civic Center, stating it was Mr. Ferrito who voted no and not Mr. Siemens. Mrs. Cannon moved minutes of April 20th (as corrected) and April 23rd, 1981 be approved. Mr. Ventura seconded. Unanimously carried. WRITTEN 1. Letter from Roy Allen, requesting Council to reconsider COMMUNICATIONS a zone change application which was denied by Council on January 5th, 1'981. Mr. Allen, from audience, spoke on his reasons for the request and showed a plot of the area around his property and the zonings. After due consider- ation, Mrs. Cannon moved to grant request and reschedule a public hearing for June 1st, 1981. Mrs. Rasmussen seconded. Unanimously carried. 2. Letter from Alan M. Simms, requesting agenda item IX-B (3), be rescheduled for May 18th, 1981. It was consensus of Council to reschedule as requested. 3. Letter from Una Michaelsen, asking for reappointment for herself and Blanche Penn to another term on the Library Board. It was consensus of Council to readvertise for the openings as set by Council policy. Mrs. Rasmussen moved Clerk be directed to advertise for the vacancies. Mr. Ventura seconded and stated the request for reappoint- ment would be considered at the time of interviews. Unanimously carried. Mr. Siemens stated interviews would be held on June 15th, 1981. 4. Letter from Una Michaelsen, Chairman of the Los Gatos Memorial Library Board, requesting the Library be re- opened on Thursdays from 1:00 p.m. to 9:00 p.m. and restore most of the services that was in effect until the passage of Proposition 13. The Board strongly recommends Council approve a budget that will include funds necessary for Thursday reopening in fiscal year 1981/82. Mrs. Cannon moved this matter be considered at the budget hearings. Mr. Ventura seconded. Unanimously carried. 489 May 4, 1981 Los Gatos, California WRITTEN 5. Letter from Colleen LeCour, regarding electronic game COMMUNICATIONS machines being allowed in various locations and children are spending their lunch money on the games. She is requesting that the issue of "school lunch money verses the electronic game machine", be discussed at a Council meeting. Mr. Ventura moved this be referred to staff for report and to the Youth Commission for review. Mrs. Rasmussen seconded. Unanimously carried. 6. Letter from Dr. Thomas J. Clark, Councilman of the City of Long Beach, requesting Council’s support of the return of local powers which have been eroded over the years by the growth of federal programs. He urges Council to adopt a resolution expressing it's support of efforts by the Federal Administration to return powers to local entities. Mrs. Rasmussen moved Council support the request and direct staff to prepare a resolution that would be appropriate for Los Gatos and this be presented at the next Council meeting. Mr. Ventura seconded. Unanimously carried. 7. Letter from Wendy Becker, member of the Youth Commission thanking Council for the money alloted to the Youth Commissioners so they were able to attend the Santa Clara County Youth recognition luncheon. They felt the luncheon was informative and hoped to use many ideas and resources which were brought to their attention. Mayor Siemens referred to notice he had received re permit for wine sales in a residential area and asked staff to inform applicant of the recent Urgency Ordinance that the Town adopted. Mayor Siemens referred to a letter received from Dan Cordero re work that has been done on Pollard Road and asked for a staff report on this matter. BID AWARD Mr. Ventura moved Council accept staff recommendation and SLURRY SEALING award the contract to low bidder, McReynolds Paving, in the VARIOUS STREETS amount of $16,260.00. Authorize the Mayor to sign the standard PROJECT 249-SS contract on behalf of the Town and allocate $18,000.00 from Section 2106 Gas Tax Funds to cover construction costs plus 10% contingencies. Mrs. Cannon seconded. Unanimously carried. KNOWLES DRIVE The Town Treasurer, James A. Stoops, reported on bids he had ASSESSMENT received for the sale of bonds to cover assessments on Knowles DISTRICT Drive. Mr. Ventura moved to accept staff recommendation and award the sale of bonds to Stern and Company and adopt Resolution No. 1981-95 entitled, RESOLUTION PROVIDING FOR THE ISSUANCE OF $865,073-00 PRINCIPAL AMOUNT OF IMPROVEMENT BONDS, TOWN OF LOS GATOS, ASSESSMENT DISTRICT NO. 79-1": PRESCRIBING THE DATE AND FORM OF SAID BONDS AND OF THE COUPONS TO BE ATTACHED THERETO AND PRESCRIBING THE MATURITIES THEREOF AND THE REDEMPTION PROVISION THEREFOR AND THE INTEREST RATE THEREOF: AUTHORIZING THE EXECUTION OF SAID BONDS AND COUPONS: PROVIDING FOR THE COLLECTION OF ASSESSMENTS TO PAY THE PRINCIPAL OF AND INTEREST ON SAID BONDS: PROVIDING FOR A RESERVE FUND FOR SAID BONDS: AND SELLING SAID BONDS. Mrs. Cannon seconded. Carried by a vote of three ayes. Mrs. Rasmussen voting no. AGREEMENT - CITY Director of Public Works requested this be continued to May OF CAMPBELL 18th, 1981. Mrs. Cannon moved request be granted. Mr. Ventura seconded. Unanimously carried. AGREEMENT WITH Mr. Ventura moved Council accept staff recommendation and SANTA CLARA adopt Resolution No. 1981-96 entitled, RESOLUTION AUTHORIZING COUNTY AGREEMENT WITH COUNTY OF SANTA CLARA (KNOWLES DRIVE ASSESSMENT DISTRICT). Mr. Siemens seconded. Carried by vote of three ayes. Mrs. Rasmussen voting no. 2 490 May 4, 1981 Los Gatos, California SANITATION Mrs. Cannon moved Council accept staff recommendation and DISTRICT #4 adopt Resolution No. 1981-97 entitled, RESOLUTION AUTHORIZING AGREMENT AGREEMENT WITH COUNTY SANITATION DISTRICT NO. 4 (KNOWLES DRIVE ASSESSMENT DISTRICT). Mr. Ventura seconded. Carried by a vote of three ayes. Mrs. Rasmussen voting no. AGREEMENT Mr. Ventura moved Council accept staff recommendation and PACIFIC, GAS & adopt Resolution No. 1981-93 entitled, RESOLUTION AUTHORIZING ELECTRIC COMPANY AGREEMENT WITH PACIFIC GAS & ELECTRIC COMPANY CONCERNING RELOCATION OF POLES (KNOWLES DRIVE ASSESSMENT DISTRICT), and authorize staff to make payment under protest and seek reimbursement. Mrs. Cannon seconded. Carried by a vote of three ayes. Mrs. Rasmussen voting no. ADDENDUM TO MARK The Director of Public Works and Mr. Zullo spoke on the THOMAS & CO. increase for additional engineering work, as project was ENGINEERING delayed longer than anticipated. After further discussion, SERVICES AGREEMENT Mr. Ventura moved to go ahead and authorize the added services and staff to report back to Council with more detailed information on the history of the contract and justification for raising contract. Mrs. Cannon seconded. Carried by vote of three ayes. Mrs. Rasmussen voting no. Approval of resolution held until May 18th, 1981. RIGHT-OF-WAY The Director of Public Works spoke on the right-of way contracts CONTRACTS - received to date. After further discussion, Mrs. Cannon moved KNOWLES DRIVE for adoption of Resolution 1981-99 entitled, RESOLUTION APPROVING RIGHT-OF-WAY AGREEMENT - KNOWLES DRIVE ASSESSMENT. Mr. Ventura seconded. Unanimously carried. RESOLUTION OF The Director of Public Works stated only part of the right-of- NECESSITY - way to be acquired for this project has been acquired to date. KNOWLES DRIVE The staff will continue to negotiate with the property owner's AND but, it is necessary to initiate condemnation proceedings if BID AWARD KNOWLES we are to acquire all of the required right-of-way and begin DRIVE ASSESSMENT construction on schedule. Mr. Van Houten recommended that if Council adopt the Resolution of Necessity they are required to make findings. Mayor Siemens asked if anyone in the audience wished to speak on this issue. Mr. Van Houten read names of property owners and assessment numbers that are involved in said proceedings. There being no one wishing to speak, Mrs. Rasmussen moved hearing be closed. Mr. Ventura seconded. Unanimously carried. After further discussion, Mrs. Cannon moved for adoption of Resolution of Necessity. Mr. Ventura seconded. Motion failed on a vote of three ayes, Mrs. Rasmussen voting no. (Motion failed as it requires a 4/5 vote). Mr. Van Houten spoke on the negotiations for acquiring said properties. Mr. Sam Zullo of Mark Thomas Engineering, spoke on the condemnation actions. After further discussion, Mr. Ventura moved to reopen the hearing and continued it for two weeks. Mrs. Cannon seconded. Unanimously carried. Mr. Ventura moved the award of contract for Knowles Drive Assessment District and the appropriation of funds be continued to May 18th, 1981. Mrs. Cannon seconded. Unanimously carried. VERBAL Evelyn Lassner, 15790 Orange Blossom Lane, spoke in opposition COMMUNICATIONS to the General Telephone Company rate increase and feels we should have the same rate structure comparable to Pacific Telephone. Councilman Ventura stated he had attended a PUC hearing in Santa Barbara last week and Registered a strong protest against the increase. Mrs. Cannon moved Council send a letter to PUC stating our opposition and requested comparable rates as furnished by Pacific Telephone. Mrs. Rasmussen seconded. Unanimously carried. 3 491 May 4, 1981 Los Gatos, California VERBAL Carol Bondi, from audience, also spoke against the rate COMMUNICATIONS increases of General Telephone and compared rate structures (CONTINUED) with that of Pacific Telephone Thomas Morton, of Morton's Auto Service on University Avenue, stated he has lost his lease at his present location and would like to use the Meadow Gold building at Elm Street. It is in a C-2 Zone and auto repair use is not allowed in this zone. He is asking Council for zone change to allow him to keep his business in Los Gatos. Mrs. Cannon moved this be referred to staff and report back to Council on May 18th, 1981. Mr. Ventura seconded. Unanimously carried. Mr. Bowman stated it is Town policy that no auto related uses are allowed in the downtown area. RECESS Mayor Siemens declared a recess. Meeting reconvened at 10:00 a.m. ZONE CHANGE Mayor Siemens stated this was the time and place duly noted SHANNON ROAD AREA for continued public hearing on the proposed zone change. SCHOOL PROPERTY Planning Director, Lee Bo7;man,stated the zoning had been split and the PS Overlay Zone nom is only on the administration office .and parking lot. Mr. Peters of Hilow Court, expressed his appreciation for consideration given by the Council at a prior hearing and spoke against the Planning Commission's report. He suggested this should be analyzed and urged Council’s disapproval of this proposed zoning. Mr. Lee Walton, Superin- tendent of the School District, spoke for the proposed zoning stating the use of the district office is for professional offices only. After further discussion, Mrs. Rasmussen moved public hearing be closed. Mrs. Cannon seconded. Unanimously carried. Mrs. Rasmussen moved reading be waived for AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDTING THE ZONING ORDINANCE EFFECTING ZONE CHANGE NO.________FROM R-1:8,000 TO R- 1:8,000-PS. Mr. Ventura seconded. Unanimously carried. Clerk read title. Mrs. Rasmussen moved for introduction of the Ordinance. Cannon seconded. Carried by roll call vote of ayes: Mrs. Cannon, Mrs. Rasmussen and Mr. Ventura. Noes: Mayor Siemens. EXTENSION OF Mayor Siemens stated this -7as the time and place duly published ORDINANCE TO ALLOW for public hearing to consider the extending of Urgency RECONSTRUCTING OF Ordinance No. 1487, to allow reconstruction of a destroyed DESTROYED NON- nonconforming building with a Conditional Use Permit and special CONFORMING conditions pending preparation of a new downtown plan. There BUILDINGS being no one in the audience wishing to speak on this issue, Mr. Ventura moved hearing be closed. Mrs. Cannon seconded. Unanimously carried. Mrs. Cannon moved reading be waived for URGENCY ORDINANCE OF THE TOWN OF LOS GATOS EXTENDING ORDINANCE NO. 1487 EIGHT MONTHS UNDER GOVERNMENT CODE SECTION 65858 Mr. Ventura seconded. Unanimously carried. Clerk read title. Mrs. Cannon moved for adoption of Ordinance 1498 entitled, URGENCY ORDINANCE OF THE TOWN OF LOS GATOS EXTENDING ORDINANCE NO. 1487 EIGHT (8) MONTHS UNDER GOVERNMENT CODE SECTION 65858. Mr. Ventura seconded. Unanimously carried. PLANNED OVERLAY Mayor Siemens stated this was the time and place duly published ZONE FOR HOUSING for public hearing to consider zoning ordinance amendment which OF SENIOR will reduce the minimum lot area required for the Planned CITIZENS Development Overlay Zone. There being no one in the audience wishing to speak on this issue, Mrs. Cannon moved hearing be closed. Mr. Ventura seconded. Unanimously carried. Mrs. Rasmussen moved reading be waived for AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONING ORDINANCE TO REDUCE THE MINIMUM LOT AREA REQUIRED FOR THE PLANNED DEVELOPMENT OVERLAY ZONE TO ACCOMMODATE HOUSING FOR SENIOR CITIZENS. Mr. Ventura seconded. Unanimously carried. Clerk read title. Mrs. Rasmussen moved Ordinance be introduced. Mr. Ventura seconded. Unanimously carried. 4 492 May 4, 1981 Los Gatos, California SIGNALIZATION OF Mayor Siemens stated this was the time and place duly published N. SANTA CRUZ AVE. for public hearing to consider installation of signals at N. & ANDREWS STREET Santa Cruz Avenue and Andrews Street. Director of Public Works stated notices had been mailed to 380 property owners and tenants in the area. Mr. Gene Rugani and John Eastman spoke in favor of the signals and suggested a traffic count on Mariposa Avenue be taken. Bill Del Carlo spoke in opposition to the signal installation. The Director of Public Works referred to Barton Aschman’s report and stated he felt the signal would help the traffic situation. Dale Chambers of Mariposa Avenue spoke in favor of the signal and asked for a traffic count and study before the installation is made. Also consideration of the closing of Mariposa at San Benito. Barbara Johnson, owner of property at the corner of N. Santa Cruz and Andrews, stated she had not received a notice, and asked if she would lose any of her property. Mr. Van Houten stated she would lose no property, but a tree would be removed to install the signal. After further discussion, Mrs. Cannon moved hearing be closed. Mrs. Rasmussen seconded. Unanimously carried. Mrs. Cannon moved Council approve the concept plan and direct staff to prepare final plans and specifications for the project. Mr. Ventura seconded. Unanimously carried. Mr. Ventura asked that the tree, which will need to be removed, be replaced after the project is finished. ZONING AMENDMENT Planning Director, Lee Bowman, stated in lieu of initiating BUILDING the rezoning of properties in the downtown area to bring "hem MORATORIUM IN into conformance with the recently adopted General Plan DOWNTOWN AREA amendments, the Planning Commission is recommending an urgency interim zoning ordinance. George Tobin spoke in opposition of the proposed ordinance. Patricia Blackley requested their property on Almendra Avenue be exempt from said moritorium. Sue LaForge, from the Chamber of Commerce, stated it was consensus at a previous meeting that change of the General Plan prior to the downtown study would suffice and there would be no need of a moratorium. She feels this will have an adverse impact. Zona Boyer requested her property be excluded. After further discussion, Mrs. Rasmussen moved to note and file the proposed ordinance. Mrs. Cannon seconded. Carried by a vote of three ayes. Mr. Ventura voting no. MOTORCYCLE CLUB The Town Attorney, Walter Hays, stated he had written the VIOLATION motorcycle club regarding zoning violations and to date had received no answer. Mrs. Rasmussen moved Council direct the Attorney to pursue legal action. Mrs. Cannon seconded. Carried by a vote of three ayes. Mr. Ventura abstained. MONTHLY PLANNING Mrs. Cannon moved Council accept report on the status of REPORT Planning matters for the month of May. Mrs. Rasmussen seconded. Unanimously carried. COUNTY REFERRALS Mrs. Cannon moved Council accept staff recommendations on the following: 1334-27-44-81B Old Santa Cruz Hwy Miller resubmittal for single family home no comment. 12S77.18 Soda Springs Road Barrick Time extension for 3-lot subdivision no comment. 1423-34-51-81B Shannon Road Binnetti Single family home Does not appear that the proposed house will violate any of Town's hillside standards. 1377-28-40-81V Summit Road Woods Variance to build 2 story accessory bldg. Secretary's hearing 4/24/81 hers. Rasmussen seconded. Unanimously carried. BUILDING CODE Building Official, Archie Watson, requested public hearing re APPEAL 28-30 building code appeal for 28-30 Bayview be set for June lst,1981. BAY-VIEW Greg Goodere from audience requested hearing be set for July 6th,1981. Mrs. Cannon moved request be granted and hearing 5 493 May 4, 1981 Los Gatos, California BUILDING CODE on the appeal be set for July 6th, 1981. Mrs. Rasmussen APPEAL 28-30 seconded. Unanimously carried. BAYVIEW (CONTINUED) PARKING Mrs. Cannon moved for adoption of Resolution No. 1981-100 PROHIBITIONS IN entitled, RESOLUTION PROHIBITING PARKING ON ALTA TIERRA ALTA VISTA COURT, AUZERAIS COURT, COLORADO COURT, HARWOOD COURT, MADERA SUBDIVISION COURT, SANTA ROSA DRIVE, AND THE EMERGENCY ACCESS ROAD BETWEEN HARWOOD COURT AND SANTA ROSA DRIVE. Mrs. Rasmussen seconded. Unanimously carried. TOW-AWAY ZONE Mrs. Cannon moved for adoption of Resolution No. 1981-101 FORBES MILL GATE entitled, PARKING RESTRICTION TOW-AWAY ZONE - FORBES MILL GATE. Mrs. Rasmussen seconded. Unanimously carried. FINAL MAP OF Mrs. Cannon moved for adoption of Resolution No. 1981-102 TRACT 6853 entitled, RESOLUTION APPROVING AND ACCEPTING FINAL MAP OF TRACT NO. 6853 and authorize execution of the contract for public improvements. Mrs. Rasmussen seconded. Unanimously carried. INSTALLATION OF Mrs. Cannon moved for adoption of Resolution No. 1981-103 GREASE INTERCEPTER entitled, RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS TANK - SERVICE GATOS APPROVING PLANS AND SPECIFICATIONS FOR THE INSTALLATION CENTER PROJECT OF GREASE INTERCEPTOR TANK AT THE TOWN SERVICE CENTER - 254-GF PROTECT No. 254-GF. Bids to be received by 3:00 P.M. on June 3rd, 1981. Mrs. Rasmussen seconded. Unanimously carried. DEMOLITION OF Mrs. Cannon moved for adoption of Resolution No. 1981-104 BUILDING AT 612 entitled, RESOLUTION OF THE TOWN COU14CIL OF THE TOWN OF LOS W. PARR AVENUE GATOS APPROVING PLANS AND SPECIFICATIONS FOR DEMOLITION OF PROJECT 253-HCDA NURSERY SCHOOL AT 612 W. PARR AVENUE, LOS GATOS CALIFORNIA - PROJECT NO. 253-HCDA. Bids to be received by 3:00 P.M., June 3rd, 1981. Mrs. Rasmussen seconded. Unanimously carried. PARKING Mrs. Cannon moved for adoption of Resolution No. 1981-105 RESTRICTION entitled, PARKING RESTRICTION - MASSOL AVENUE. Mrs. Rasmussen MASSOL AVENUE seconded. Unanimously carried. PARKING Mrs. Cannon moved for adoption of Resolution No. 1981-106 RESTRICTION LOS entitled, PARKING RESTRICTION - LOS GATOS BOULEVARD. Mrs. GATOS BOULEVARD Rasmussen seconded. Unanimously carried. AT NEW TOWN NO PARKING HICKS Mrs. Cannon moved for adoption of Resolution No. 1981-107 ROAD AT LOS GATOS entitled, PARKING RESTRICTION - HICKS ROAD. Mrs. Rasmussen CHRISTIAN CHURCH seconded. Unanimously carried. STORM DRAIN Mrs. Cannon moved for adoption of Resolution No. 1981-108 EASEMENT VACATION entitled, A RESOLUTION OF INTENTION TO VACATE A PORTION OF A Sh@@IAS/GROUP IV PUBLIC STORM DRAIN EASEMENT WITHIN THE LANDS OF SEMAS/GROUP IV LTD. (POLLARD ROAD AND TEAKWOOD AVENUE). Mrs. Rasmussen seconded. Unanimously carried. NOTICE OF Mrs. Cannon moved Council approve Notice of Completion and COMPLETION PROJECT Certificate of Acceptance for Camino del Sol Street Closure, 248-SS Project 248-SS (R.H. Wehner Company) and Mayor be authorized to execute the notice. Mrs. Rasmussen seconded. Unanimously carried. CITIZENS ADVISORY Mrs. Cannon moved Council appoint the following individuals COMMITTEE FOR to the Town Advisory Committee: GENERAL PLAN REVIE7@V Jack Aiello Joe Goodwin & DOWNTOWN SPECIFIC Katherine Anderson Bob Holding PLAN Joanne Benjamin Judy Howell Rex Burbank Joan Kjemtrup Jan Burland Kathy Morgan 6 494 May 4, 1981 Los Gatos, California CITIZENS ADVISORY Harry Campbell Dale O'Toole COMMITTEE FOR GENERAL Eric Carlson Gene Rugani PLAN REVIEW & DOWN- Bud Christensen Ken Steffen TOWN SPECIFIC PLAN Marion Cosgrove Bob Templeton Tim Coughlin Carolyn Thomas Karen Ettinger J.D. Vanderlaan Lea F. Frey Mildred Voelker Argo Gherardi Fred Young And approve the meeting scheduled and the Town Advisory Committee by-laws. Mrs. Rasmussen seconded. Unanimously carried. Town Manager stated a joint meeting of the Planning Commission and Town Council has been scheduled for June 22nd and August 10th, 1981. CVE, INC. Mrs. Cannon moved Council approve a supplemental appropriation RETENTION PAYMENT of $5,339,39, from existing Federal Revenue Sharing Funds PROJECT 227-SOS Account 15-XX-582 and authorize payment of that amount to C.V.E., Inc. for the 1979 Street Light Conversion Project No. 227-SOS. Mrs. Rasmussen seconded. Unanimously carried. ALTA VISTA Mrs. Cannon moved Council approve request of Teleprompter for SUBDIVISION CABLE a 3 foot-wide easement over portion of Parcel A, Tract 6309 TV EASEMENT and authorize the Mayor to execute said easement on behalf of the Town and authorize the Clerk to record the executed document. Mrs. Rasmussen seconded. Unanimously carried. STORM DRAIN Mrs. Cannon moved Council authorize the Town Clerk to pay AGREEMENT -VASONA $50,000 to Winchester Associates as per agreement dated May STATION 10th, 1979, as funds have been received from the City of Campbell. Mrs. Rasmussen seconded. Unanimously carried. COMMUNITY GOALS Mrs. Cannon moved Couicil set work session for Monday, May llth WORK SESSION 1981, at 7:30 P.m. for further disucssion of community goals and the Hughes, Heiss Management report. Mrs. Rasmussen seconded. Unanimously carried. PAYROLL AND Mrs. Cannon moved Council approve the April payroll in the WARRANT DEMANDS amount of $251,143.84, and the April warrant demands in the amount of $513,294.94. Mrs. Rasmussen seconded. Unanimously carried. OPEN SPACE Mrs. Cannon moved for adoption of Ordinance No. 1499 entitled, DEDICATION AN ORDINANCE OF THE TOWN OF LOS GATOS ADDING SECTION 27-48 TO THE TOWN CODE REQUIRING DEDICATION OF OPEN SPACE. Mrs. Rasmussen seconded. Unanimously carried. AB-1995 KONNYU Mrs. Rasmussen moved Council accept staff recommendation and support Assembly Bill #1995, which would exempt cities which have population of less than 50,000 from the October 1, 1981 deadline for the adoption of a new housing element. Mrs. Cannon seconded. Unanimously carried. MOBILE/MFG It was consensus of Council to accept the informational report. HOMES ON R-1 LOTS ALAN SIMS - This item by request of her. Sims was continued to May 18,1981. FENCE POLICY STATEMENT Mr. Ventura moved Council consider the report and direct staff ON STREET to prepare a policy statement concerning procedures for ABANDONMENTS establishing land value in conjunction with street abandonments for consideration at a future meeting. Mrs. Rasmussen seconded. Unanimously carried. 7 495 May 4, 1981 Los Gatos, California RENTAL Cindy Rosson, Housing Specialist, spoke on the proposed REHABILITATION rental rehabilitation program. After some disucssion, Mrs. PROGRAM Cannon moved to approve the plan in concept and amend the guidelines of the rental rehabilitation program. Mr. Siemens seconded. Carried by two to one vote. Mrs. Rasmussen voting no and IL-. Ventura abstained. BUS STATION SITE Disucssion was held on the report from the Community Services and Development Commission on a proposed bus station location on So. Santa Cruz Avenue. Mrs. Rasmussen stated they should wait for the Downtown Study report before any action be taken, and ask consultants for a recommendation. Mr. Bill Quigley spoke on the study the Committee had made. Sue LaForge stated she felt the Committee should look at other sites and the merchants in the business area should be consulted. After further discussion, Mr. Ventura moved to approve the proposed concept as amended. Mr. Siemens seconded. Unanimously carried. RESOLUTION OF Mayor Siemens directed staff to prepare a Resolution commending COMMENDATION Bert Sporleder for his heroic rescue of a young boy from the Los Gatos Creek Channel. AJOURNMENT Mrs. Cannon moved meeting be adjourned at 12:25 a.m. Mrs. Rasmussen seconded. Unanimously carried. ATTEST: Rose E. Aldag Town Clerk