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M 03-16-81March 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