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M 04-07-1980296 April 7, 198 0 Los Gatos, Californi a TOWN COUNCIL The Town Council of the Town of Los Gatos met in the Counci l Chambers of the Town Hall at 7 :40 p .m ., in regular session . ROLL CALL PRESENT : Ruth Cannon, Thomas J . Ferrito, Mardi Gualtieri , Peter W . Siemens and Mayor John B . Lochner . ABSENT : None . PLEDGE O F ALT,FGIANCE Given by all in attendanc e MINUTES Mrs . Gualtieri moved minutes of March 17, 1980 be approved a s submitted . Mrs . Cannon seconded . Unanimously carried . COMMUNICATIONS 1 . Letter from Linda Durant, of Berkeley Morris and Swor d team, requesting permission to dance in the Town Plaz a on May 11, 1980 at 11 :00 a .m . (this would be for approx - imately i hour, which includes procession in and out o f the Plaza). Mrs . Gualtieri moved permission be granted . Mr . Siemens seconded . Carried by vote of four ayes . Mr . Ferrito voting no . 2.Letter from Bob Tetzlaff, Los Gatos Bicycle Club President , requesting permission to hold their annual Cat's Hil l National Classic Bicycle Race on Sunday, May 11,198 0 between the time of 1 :00 p .m . until 5 :00 p .m . Thi s request includes closing some of the streets and als o permission to have a concession stand as they have don e in the past . Mr . Ferrito moved permission be grante d subject to Police approval . Mr . Siemens seconded'. Unanimously carried . 3.Letter from Chamber of Commerce requesting Council's approval to hold the Fiesta de Los Gatos in the Town Plaz a area on the weekend of August 23rd and 24th, 1980 . Als o requesting permission to close Montebello Way and a portio n of W .Main Street on each of those days .Mrs .Gualtier i moved permission be granted . Mr . Siemens seconded . Unanimously carried . 4.Letter from Robert A . & Rena Adams, spokespersons for Lo s Robles Way Homeowners, requesting continuance of the publi c hearing on the appeal of Tom Kuremsky subdivision (Item VI-E ) Mr . Kuremsky has already requested this be continued to - May 5, 1980 . Mrs . Cannon moved public hearing on appea l be continued to May 5, 1980, as requested . Mrs . Gualtier i seconded . Unanimously carried . 5.Letter from Ed Bellezza, member of the Cultural Resource s Commission requesting Council approval to allow them t o solicit sponsors for the Brown Bag concert series planne d for the summer and authorize Town Clerk to handle al l monies . Mrs . Gualtieri moved request be granted . Mr .: Ferrito seconded . Unanimously carried . 6.Memo from Jill Cody, Director of Community Programs, requestin g that Council grant permission for the Community Services an d Development Commission to write a follow-up letter to th e school board re the closing of Mirassou School . Mr . Ferrit o moved request be granted . Mrs . Gualtieri seconded . Unanimousl y carried . 7.Letter from RobertaJamison, Chairperson of Awards Couunittee , of the Santa Clara County Historical Heritage Commissio n stating the Historical Heritage Commission recently announce a the 1979 winners of its Award for Excellence in Histori c Resources Preservation and now announces that nomination s are open for the 1980 Award for Excellence in Histori c Resources Preservation and urging the Council to nominat e those projects and/or individuals they feel meet the Commis - sion Criteria . Mrs . Gualtieri moved this be referred t o Cultural Resource Commission and the Hisotric Preservatio n Commission . Mr . Siemens seconded . Unanimously carried . - 1 - COMMUNICATIONS S .: Letter from City of Norwalk, California urging Council t o (CONTINUED)send letters to their specific Senators and Congressma n urging that the Revenue Sharing for local governments b e retained . No action taken . 9.Letter from Santa Clara County Intergovernmental, r e ordinance on Item Pricing which has been adopted by Count y Board of Supervisors . Mr . Ferrito stated he would like t o see some of the reports from other cities re Item Pricing . 10.From Law Office of Tichinin & Mitchell, claim filed o n behalf of James O . Thompson,Rose Mary Thompson and Margare t Thompson . Mrs . Cannon moved Council give claimants notic e of the insufficiency of the claim as prescribed in Govern - ment Code sections 910 .8 and 915 .4, stating that the clai m is defective for failure to show the date the damage occurred , what was damaged, the location of the damage and the reaso n why the damage was injurious to the claimants . Mrs . Gualtieri seconded . Unanimously carried . 11.From Attorney John W . Davies, a claim for damages filed o n behalf of Margaret Mary Wright . Mrs . Gualtieri moved clai m be denied . Mrs . Cannon seconded . Unanimously carried . 12.Notice from Pacific Gas and Electric Company of applicatio n before the Public Utiltities Commission for authority amon g other things to implement a Conservation Financing Progra m and include a procedure for a Conservation Financing adjust - ment of PG&E's electric and gas rates . VERBA L COMMUNICATIONS Ted Petersen, from audience, stated he was representing Chambe r of Commerce . Jean Moore, 221 Vista del Monte, stated she would like to commen d Mayor Lochner and Mardi Gualtieri for their service to citizen s and community . QUITO ROAD NO .Mrs . Cannon moved Council accept staff recommendation on Quit o 2 ANNEXATION Road No . 2 reorganization - Annexation to Los Gatos and Dean - nexation from the City of Saratoga and Santa Clara Count y Library District . Mrs . Gualtieri seconded . Unanimously carried . LOS GATOS MUSEUM Mrs . Cannon moved for adoption of Resolution No . 1980-40 entitled , AIR CONDITIONING RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS APPROVIN G AND HEATING PLANS AND SPECIFICATION FOR HEATING AND AIR CONDITIONING INSTAL - LATION FOR THE LOS GATOS MUSEUM - PROJECT 240-RS . (bid openin g set for 3 :00 p .m . on April 30, 1980). Mrs . Gualtieri seconded . Unanimously carried. COMMENDATION Mrs . Cannon moved for adoption of Resolution No . 1980-41 entitled , A RESOLUTION COMMENDING EUGENE L . RAYE . Mrs . Gualtieri seconded . Unanimously carried . NOTICE OF Mrs . Cannon moved Council approve Notice of Completions an d COMPLETIONS Certificate of Acceptances as follows : 1.Project SS-218 (Shannon Road box culvert at Ross Creek ) 2.290 Saratoga Avenue ( GatewoodRealty Building ) 3.Los Gatos Downtown Neighborhood Center : a.Contracts No . 3-7 (O .E . Anderson & Sons, Inc .) b.Contract No . 8 (Shaw Interior Specialties, Inc .) c.Contract No . 9 (Acropolis Painting & Decorating ) d.Contract No . 10 (B .T .. Mancini Co .,Inc .) e, Contract No . 11 (Environmental System, Inc .) f . Contract No . 12 (Orvin Engineering Corporation ) Mrs . Gualtieri seconded . Unanimously carried . 0 . JOHNS LETTER Mrs . Cannon moved Council accept staff recommendations that al l OF COMPLAINT complaints noted in letter from O .L . Johns have been taken car e of and the owner's of the buildings have been notified to mak e necessary repairs . Mrs . Gualtieri seconded . Unanimously carried . 29 7 April 7, 198 0 Los Gatos, Californi a - 2 - 298 PLANNING REPOR T PAYROLL AN D WARRANT DEMAND S FOR MARC H SOFTBALL FIEL D IMPROVEMENT S ZONE CHANG E SORICH PROPERT Y APPEAL - REZONIN G NATIONAL AVENU E KAVANAUGH April 7, 1980 Los Gatos, Californi a Mrs . Cannon moved Council accept monthly Planning report . Mrs . Gualtieri seconded . Unanimously carried . Mrs . Cannon moved Council approve March, 1980 payroll in the amount of $201,944 .63 and warrant demands in the amount o f $321,349 .96 . Mrs . Gualtieri seconded . Unanimously carried . Mrs . Cannon moved for adoption of Resolution 1980-42 entitled , RESOLUTION APPROVING A CONTRACT FOR SOFTBALL FIELD IMPROVEMENTS , authorizing the Mayor to execute a contract with the Recreatio n Department . Mrs . Gualtieri seconded . Unanimously carried . Mayor Lochner stated this was the time and place duly publishe d for public hearing to consider Planning Commission's recommend - ation of zone change from HR-1 to HR-2Z, for property locate d at 15651 Kennedy Road . Stanford Atwood, Attorney representin g Mr . & Mrs . Sorich, stated Mr . & Mrs . Sorich wished to have th e property remain in the HR-1 zone and that Planning Commissio n did not give further review as Council had directed at thei r meeting of November 19, 1979 . Mr . Bradley Honholt, Civi l Engineer, spoke on surrounding properties and their zonin g designations and feel HR-1 zoning would be consistent wit h surrounding area . Also speaking for HR-1 zone were Gerry Soric h Murphy and Mr . Murphy . There being no one else wishing to spea k on this matter, Mrs . Gualtieri moved hearing be closed . Mr . Siemens seconded . Unanimously carried . After further discus - sion, Mrs . Cannon moved reading be waived for AN ORDINANCE O F THE TOWN OF LOS GATOS AMENDING THE ZONING ORDINANCE EFFECTING ZON E CHANGE NO .FROM HR-1 TO HR-2z . Mr . Siemens seconded . Unanimously carried . Clerk read title of ordinance . Mrs . Cannon moved Council uphold Planning Commission's recommendation a s zone change is consistent with the General Plan and the Los Gato s Hillside Specific Plan, and ordinance be introduced . Mr . Siemen s seconded . Unanimously carried . Mayor Lochner stated this was the time and place duly noted fo r continued public hearing on the appeal of Planning Commission's denial of zone change from R-1 :8,000 to "0" for 6-parcels o f land on National Avenue . Dan Gallagher, Attorney for th e applicants spoke on possibility of Ordinance being introduced bu t not adopted until conditions have been met . Egon Jensen, 18 2 Lester Lane, asked that some relief be given residents on Leste r Lane, if anymore commercial development is done on Nationa l Avenue . Chuck Weber,16163 Camino del Sol spoke on alternate I I (resident being built on lot G) also spoke on the closing o f Camino del Sol at National and opening it up to Los Gatos Boulevard . After furhter discussion and no one else wishing to speak o n the issue, Mr . Ferrito moved hearing be closed . Mr . Siemen s seconded . Unanimously carried . "Mrs . Cannon moved for introductio n of ordinance rezoning lots A through F with conditions as se t forth at the meeting of March 17, 1980, plus addition of alternat e II (building of residence on Lot G). Mr . Ferrito stated he woul d like to amend the motion with additional condition that th e applicant agree to fund up to $15,000 on channelization work tha t might be required by the Town . Mrs . Cannon stated she could no t accept amendment . Mrs . Gualtieri stated she had wished to secon d Mrs . Cannon motion . Mayor stated they were ready for new motion . Mrs . Cannon moved that Council accept the Ordinance rezoning A through F, with conditions as set forth at the meeting of March 17 , 1980, plus alternate II (building of residence on Lot G). Mrs . Gualtieri seconded . Carried by vote of three ayes . Mr . Lochne r and Mr . Siemens voting no . Mr . Siemens stated he had voted n o on motion because he felt it should be conditioned to at leas t some minimal amount of money for road and street improvements . Mr . Ferrito moved for reconsideration of motion to conside r requiring monetary conditions for improvement . Mr . Siemens seconde d Motion fails . Mrs . Gualtieri moved reading be waived for A N ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONING ORDINANC E EFFECTING ZONE CHANGE NO .FROM R-1 :8,000 TO "0". Mrs . Cannon seconded . Unanimously carried .Clerk rea d -3 - 29 9 April 7, 198 0 Los Gatos, Californi a APPEAL REZONING title . Mr . Siemens moved Council have staff study (1) reopenin g NATIONAL AVENUE of Camino del Sol at Los Gatos Boulevard and cul-de-sacing th e KAVANAUGH other end of street at National Avenue ; (2) modification o f (CONTINUED)what was already studied (the preventing of right turn fro m National Avenue onto Camino del Sol and and reallowing left tur n from Camino del Sol). This would prevent additional commercia l traffic from going down Lester Lane & Camino del Sol . Also t o be included in the report would be preliminary costs of an y further channelization . Mr . Ferrito seconded . So ordered . ZONE CHANGE Mayor Lochner stated this was the time and place duly publishe d BERRY SCHOOL for publichearing to consider the zone change from R-1 :8,00 0 to R-l :8,000-PS for Berry School site . Mrs . Dale Hill, from audience, spoke in favor of the zone change . No one else i n audience wished to speak on this issue,Mrs . Cannon moved hearing be closed,Mrs .Gualtieri seconded . Unanimously carried . Mr . Siemens moved Council make aNegative Declaration and make findings that the zone change is consistent with the Genera l Plan . Mrs . Cannon seconded ., Unanimously carried . Mr . Siemen s moved reading be waived for AN ORDINANCE OF THE TOWN OF LO S GATOS AMENDING THE ZONING ORDINANCE EFFECTING ZONE CHANGE NO . FROM R-1 :8,000 TO R-1 :8,000-PS . Mrs . Cannon seconded . Unanimously carried . Clerk read title . Mrs . Cannon move d Ordinance be introduced . Mrs . Gualtieri seconded . Unanimousl y carried . KUREMSKY APPEAL As requested by applicant, public hearing continued to May 5,1980 . LOS ROBLES WA Y PLAN LINE -Mayor Lochner stated this was the time and place duly publishe d POLLARD ROAD for public hearing to consider the amendment to the Officia l Plan Line for future public right-of-way of Pollard Road east o f Quito Road . There being no one in the audience wishing to spea k on this issue, Mrs . Gualtieri moved hearing be closed . Mr . Siemens seconded . Unanimously carried . Mr . Siemens moved Counci l make a Negative Declaration . Mrs . Cannon seconded ., Unanimousl y carried . Mrs . Cannon moved reading be waived for AN ORDINANC E OF THE TOWN OF LOS GATOS AMENDING ORDINANCE NO . 526 AS AMENDED , AMENDING THE OFFICIAL PLAN LINE FOR POLLARD ROAD . Mrs . Gualtier i seconded . Unanimously carried . Clerk read title . Mr . Siemen s moved Ordinance be introduced . Mrs . Cannon seconded, Unanimousl y carried . TELEPROMPTER Mayor Lochner stated this was the time and place duly publishe d RATE INCREASE for public hearing to consider TelePrompTer request for rat e increase . Egon Jensen, 182 Lester Lane, spoke on possibilit y of Channel 6 showing agendas for Planning Commission and Tow n Council . Jean Moore, 221 Vista del Monte, asked if senior citizen s rates would be the same . She was informed they would be th e same reduced rates . Mike Brocato, Manager of TelePrompTer , stated there was an error in the amount for multiple dwelling s and should read same as residential which is $9 .50 per mont h (that is second item on the ordinance). There being no one els e wishing to speak on this matter, Mrs . Cannon moved hearing b e closed .Mrs .Gualtieri seconded . Unanimously carried . Mrs . Gualtieri moved hearing be waived for ORDINANCE OF THE TOWN O F LOS GATOS GRANTING A FRANCHISE TO TELEPROMPTER, A CORPORATIO N TO OPERATE A CABLE ANTENNA TELEVISION SYSTEM IN THE TOWN . Mrs . Cannon seconded . Unanimously carried . Clerk read title . Mrs . Cannon moved Ordinance be introduced as amended . Mrs . Gualtier i seconded . Unanimously carried . RECESS Mayor Lochner declared a recess . Meeting reconvened at 10 :05 p .m . -4 - 300 April 7, 198 0 Los Gatos, Californi a ZONE AMENTMENT Mayor Lochner stated this was the time and place duly publishe d OFF-SITE PARKING for public hearing to consider zoning ordinance amendmen t REGULATIONS concerning off-site parking regulations fo r .new construction i n (BELLRINGER COURT) the downtown area (Bellringer Court). Mr . Dom Sallito, spoke i n opposition of the zoning, as it would help only one party . Philip Valmis, 143 University Avenue, stated he was in favor o f forming a parking district and had contacted other propert y owners who would also favor a parking district . Mr . George Tobin, stated the Town had acquired the SP right-of-way fo r purpose of using it for parking district for public not private , parking and if Council goes along with this they are grantin g special privileges . Frank DeMoss, Vice President of Matrix , spoke on behalf of Bellringer Court project . Also speaking i n opposition to the rezoning were Elmer Chapson and Keith Hawkes . Mr . Hawkes requested this hearing be continued so other propert y owners in area could be notified and attend ." Dennis Varni and Linda Barnett spoke in favor of rezoning . After further discussion and no one else in audience wishing to speak, Mrs . Gualtieri moved hearing be closed . Mr . Siemens seconded . Unanimously carried . Mr . Siemens moved ordinance be tabled a t this time . Mr . Ferrito seconded . Mrs . Gualtieri stated sh e thought Council should make a decision . Mr . Ferrito withdrew his second . Motion fails . Mr . Ferrito moved Council den y request for zoning ordinance amendment concerning off-sit e parking regulations for new construction in the downtown are a (Bellringer Court). Mr . Siemens seconded . Carried by roll cal l vote . Ayes - Mrs . Cannon, Mr . Ferrito, Mr . Siemens and Mayo r Lochner . Noes - Mrs . Gualtieri . COUNTY CITIZEN Mr . Ferrito stated he would like to recommend that Janette T . ADVISORY COMMITTEE Harrington be appointed to County Citizen Advisory Committee . Mrs . Gualtieri moved for appointment of Janette T . Harrington . Mr . Ferrito seconded . Unanimously carried . TAXI SERVICE Mrs . Gualtieri reported that progress is being made toward getti . taxi service in Town . COUNCIL Mrs . Cannon reported that she had attended her first meeting o f REPORTS sub-committee on Housing/Industry . Mr . Siemens reported he had attended League Transportation sub - committee . PUBLIC FACILITIES After some discussion, Mrs . Gualtieri moved this matter b e ZONE ORDINANCE continued-(no definite date). Mrs . Cannon seconded . Unanimousl y carried . RURAL SUPPLY Mrs . Cannon moved Council accept staff report and authorize th e HARDWARE - ZONING filing of a Civil action to require removal of the buildin g VIOLATION constructed without Town's approval and to require that the gate s to the parking area remain open when any of the businesses a t Number 1 Broadway are open . Mrs . Gualtieri seconded . Unanimousl y carried . COUNTY REFERRALS Mrs . Cannon moved Council accept staff recommendations on th e following : 12 .S78 .9 Skyline Blvd .Follette Time extension fo r 4-lot subdivision . Council deny extension request . 11S77 .9 Shannon Road Emma (Chiechi)Time extensio n and modification for 2-lot subdiv . Bd of Supers . 3-24-80 . Thei s action (1) approved the requested time extension, (2) denied th e requested modification of the conditions of approval . 12P66 .5 & 12P72 .7 Loma Prieta Mountain . Televisio n communications, Inc .Modifications of use permit for TV tower . P .C . 4/17/80 Mrs . Gualtieri seconded . Unanimously carried . -5- 30 1 April 7, 198 0 LOS'Gatos, Californi a VILLA HERMOSA Ted Petersen, representing Chamber of Commerce, stated th e DOWNTOWN Chamber feels the .Town should come up with more support , SIDEWALK possibly from Hotel-Motel Tax and Chamber requests that Counci l IMPROVEMENT direct Town staff to prepare a new set of cost figure s PROJECT representing the following : 1.Inclusion of crosswalk expense under the Town's shar e (as previously approved). 2.Eliminating sewer and water hookups as part of the projec t since not all properties are affected (these would be done o n an individual basis as need dicates). 3.Pro-rating of costs other than sidewalk construction t o businesses in target area not previously included such as , Lyndon Plaza, Habitat,etc .Mr . Ferrito moved staff be instructe d to prepare new cost figures, representing the change voted o n last meeting . That would be inclusion of crosswalk expens e under the Town's share ; the elimination of sewer and wate r hookups as opposed by the Chamber and pro-rating of the cost o f sidewalk construction of all businesses . Mr . Siemens seconded . Unanimously carried . Mrs . Cannon moved landscaping and irrigatio n also be included as requested by Chamber . Mrs . Gualtieri seconded . Carried by vote of four ayes, Mr . Siemens voting no . REZONING ALMOND Mr . Ferrito moved for adoption of Ordinance No . 1463 entitled , GROVE DISTRICT AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONIN G ORDINANCE EFFECTING ZONE CHANGE NO . 38 FROM R-l :8, RM5-12 , RM5-20-R AND C-2 TO R-1 :8-LHP, RM :5-12-LHP, RM :5-20-R-BHP AN D C-2-LHP (Almond Grove Historic District). Mrs . Cannon seconded . Unanimously carried . HOUSING Mr . Ferrito moved to accept staff recommendation for revisio n CONSERVATION of the Housing Conservation program guidelines . Mrs . Canno n PROGRAM seconded . Unanimously carried . GUIDELINE S BROADWAY EXTENSION Mr .Robert Warnick, Director of Public Works, referred to staf f report on Broadway Extension, as to additional right-of-wa y requirements needed and stated the estimate of construction cos t for the project would be $165,000 . Mr . George Tobin stated h e had met with property owner's in the area and in view of repai r of roadway and continuance of maintenance over the years by th e Town, the property owner's feel the Town should fund the projec t up to 75%. Discussion was held as to number of parcels whic h would be involved in the assessment district and total cost t o each property in said district . After further discussion, Mrs . Gualtieri moved that Council direct staff to proceed with th e forming of an assessment district with the Town paying 75% o f the cost . Mrs . Cannon seconded . Unanimously carried . WOODED VIEW Mr . Warnick reported that most of the slides in the area ar e DRIVE SLIDE superficial, and require only minor shaping and replanting o f REPAIRS the banks, but does not recommend that this work be done at th e present time . The Public Works Department proposes to d o work during the late summer months when hillside has dried a s much as possible . Then he will either recommend repairs b y contract,or by Town maintenance personnel as deemed appropriate . Mrs . Gualtieri moved staff report be accepted . Mrs . Canno n seconded . Unanimously carried . PENDING STATE Mrs . Cannon moved Council accept staff recommendation an d LEGISLATION oppose SB-1594 (M . Garcia) support SB-1352 (Marks); suppor t AB-3302 (Knox); oppose AB-2474 (Mellow); oppose AB-3017 (Naylor ) and SB-1868"(Maddy); oppos e .AB-2265 (Klein), AB-2320 (McCarthy), AB-2456 (Robins), AB-2674 (Boatright ), AB-2243 (Naylor), SB-165 6 (Foran) and AB-1960 (Vincencia) and support SB-1627 (Keene). Mr . Siemens seconded . Unanimously carried . 302 April 7, 198 0 Los Gatos, Californi a PARK DESIGN Mayor stated this is request of Council to authorize Tow n ENGINEERING Manager to select an engineering consulting firm to prepar e CONSULTANT plans and specifications for construction of the Worceste r and Rinconada Park site improvements . Mayor Lochner state d if there are no objections this request is approved . SMOKING Mr . Siemens moved for adoption of Ordinancé No . 1464 entitled , ORDINANCE ORDINANCE OF THE TOWN OF LOS GATOS REGULATING SMOKING . Mrs . Cannon seconded . Unanimously carried . STREET Mrs . Gualtieri moved Council accept staff report and approv e RESURFACING the following funding allocations and appropriations for thi s PROJECT 239-SS project : 1 .Gas tax funds (2106 ) (allocation of already-appropriated funds)$ 75,00 0 2 .Washed FAU funds (from General Fund ) (supplemental appropriation)132,00 0 3 :Other general fund mone y (supplemental appropriation)108,00 0 Total $315,000 *(Approximately $40,000 will be reimbursed by other agencies ) Mr . Siemens seconded . Unanimously carried . ADJOURN Mayor Lochner declared meeting adjourned at 1 :15 a .m ., Tuesday, April 8, 1980 . ATTEST : 'CF„_Lzz.&I/7-Rose E . Alda g Town Cler k