M 03-14-81 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
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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.
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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.
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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
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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
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