M 02-17-81
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.
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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.
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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,
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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.
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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
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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