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M 05-05-1980May 5, 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, MarLyn J . Rasmussen, Peter W . Siemens , Brent N . Ventura and Mayor Thomas J . Ferrit o ABSENT : Non e PLEDGE O F ALLEGIANCE Given by all in attendanc e PRESENTATION Mayor Ferrito presented former Mayor John B . Lochner wit h Resolution of Commendation for his services to the community . Mayor stated he also had a Resolution of Commendation topresen t to Mrs . Gualtieri but as she is not in attendance tonight, i t will be sent to her . MINUTES Mr . Siemens asked that minutes of April 28, 1980 be correcte d as follows : Subject : INDUSTRY/HOUSING REPORT the last paragrap h to read "Mr . Siemens stated that as staff incorporates Council's recommendation,..." Mr . Siemens moved minutes be approved a s corrected . Mr . Ventura seconded . Unanimously carried . COMMUNICATIONS 1 .Letter from Thomas W . Kuremsky resigning from the Plannin g Commission . Mrs . Cannon moved to accept resignation wit h regret . Mr . Ventura seconded . Unanimously carried . 2 : Letter from Thomas W . Kuremsky requesting to abandon hi s appeal of decision of Planning Commission on his propose d 3-lot subdivision of Los Robles Way (Agenda item VIII A). Mrs . Cannon moved request be granted . Mrs . Rasmussen seconded . Unanimously carried . 3• Letter from Barbara Spector requesting the Council to continu e the public hearing on the Antique Restaurant until May 19,1980 . Mr . Ventura requested staff report on what activities hav e transpired before on this site . After further discussion , Mrs . Cannon moved request be granted . Mrs . Rasmussen seconded . Siemens moved to amend the motion to continue this hearing t o June 16,1980 .Mr . Ventura seconded the amended motion . Motio n carried . Mayor stated the appellant, Antique Restaurant an d interested persons in the audience tonight should be notifie d of the continuance . 4.Claim for damages from Attorney Bruce Tichinin, filed on behal f of James O . Thompson, et al . Attorney Hill stated the origina l claim was deficient and deficiencies have not been remedied . Mr . Siemens moved claim be denied : Mr . Ventura seconded . Unanimously carried . 5.Claim for damages from Attorney William H . Holsinger file d on behalf of Peter A . Murawsky . Mrs . Cannon moved claim b e denied . Mr . Siemens seconded . Unanimously carried . 6.Letter from JoAnn Disbrow, 135 Anne Way and Mary Jane Whiteford , 181 Anne Way, with petition signed by 128 persons requesting th e closing of Anne Way to through traffic between Union an d Leigh Avenue . Mr . Ventura moved this be referred to staff fo r report and be agendized for the June 2nd Council meeting . Mr . Siemens seconded . Unanimously carried . Letter from Edmund J . Raley, General Manager of E . A . Mass ,'Corp . bringing Council up to date on what measures have been take n at El Gato Penthouse Apartments re rent increases . (Referre d to Community Service & Development Commission ) Letter from Dodie Kelley, Director of Senior Activities, wit h complaint of rent increase of a Senior Citizen who lives at th e Penthouse Apartments . (Referred to Community Service & Development Commission ) 9.Letter from Phyllis Enfield, 200 Kimble Avenue, complaining o f unfair rent increase at the Penthouse Apartments . (Referred t o Community Service & Development Commission ) 10.Letter from Dorothy Cornelius, City Clerk of Cupertino , informing Council that the City of Cupertino voted an authoriza- tion to appropriate $150 .00 for the purpose of a defense fun d to assist the City of Tiburon in the Agins v . City of Tiburo n case on appeal to the United States Supreme Court . Mayo r Ferrito asked staff to check the minutes to see if Council ha s authorized any money for this case and if not, this should be 3 .3 314 May 5, 198 0 Los Gatos, Californi a agendized for next meeting . Letter from Transit District Board of Supervisors and a Resolution adopted by their Board, relating to the manufactur- ing of public transit buses by automobile corporations askin g for federal financial assistance, subsidies or loan guarantees , and they are urging the Town of Los Gatos to adopt a simila r resolution . Mrs . Rasmussen moved Council ask staff to prepar e similar Resolution . Mr . Siemens seconded . Unanimously carried . Letter from Dr . L . S . Woodworth, 110 Wood Road, referring to th e unsitely state of the property at 129 N . Santa Cruz Avenue an d asking that something be done about it . Council instructe d Mr . Hill to write to Mr . Woodworth informing him of the statu s of this property . Letter from Paula Sklan, President of Property Owners o f Los Gatos, informing Council of the progress of the voluntar y work their organization on rent control and mediation problem s is doing . VERBAL Mrs . Elsie H . Matt, 145 Via De Tesoros, stated she is the Presiden t COMMUNICATIONS of the Friends of the Los Gatos Memorial Library, a newly forme d organization . Mrs . Matt explained the organization and stated the y will be having a book sale on May 30th, from 9 :00a .m . to 4 :00 p .m ., and would like permission to maintain a refreshment booth at th e book sale . Mrs . Cannon moved request be granted . Mr . Siemen s seconded . Unanimously carried . Mike !Cain, 107 Wilder Avenue, spoke on problems caused by th e Chart House parking lot and asked Council if anything could be done . After further discussion, Mr . Ventura asked for staff report bac k at the May 12, Council meeting . Mr . Siemens moved Council discus s this issue at the May 12, Council meeting . Ms . Cannon seconded . Unanimously carried . LOS GATOS Mr . Warnick, Director of Public Works, stated 7 bids had bee n MUSEUM A/C received for the project, ranging from a low of $12,70':0, by Sout h AND HEARING Bay Mechanical Plumbing and Heating Contractors, toarhi_gh o f BIDAWARD $15,914 . The estimated cost for the work was $12,00 .0;,und fund s in the amount of $12,250 were appropriated in this year's approve d budget (Federal Revenue Sharing). Mrs . Rasmussen moved Counci l accept staff recommendation and authorize supplemental appropriatio n from Federal Revenue Sharing of $1,000 (for a total appropriation o f $13,250) to cover the estimated construction costs plus contingencie s and incidentals and award the contract to the low bidder, South Ba y Mechanical Plumbing and Heating Contractors, in the total estimate d cost of $12,700, and authorize the Mayor and Town Clerk to sign th e standard construction agreements on behalf of the Town . Mrs . Canno n seconded . Unanimously carried . CIVIC CENTER Mr . Warnick stated he had been instructed to investigate th e UNDERGROUND possibility of removing two telephone poles on High School Cour t UTILITY DIST .North of Church Street as a part of the proposed undergroundin g 1979-1 work . Both poles can be removed without any adverse effect t o PROJECT 236-UU either property and the cost to the Town for including the pol e removal in the project will be minimal ($500 +).Mrs . Canno n moved Council accept staff report and not revise the boundarie s of the utility district, but direct staff to have the poles removed . Mr . Siemens seconded . Unanimously carried . STOP SIGNS Mrs . Cannon moved for adoption of Resolution No . 1980-51 entitle d BICKNELL-A RESOLUTION DESIGNATING A FOUR-WAY VEHICULAR STOP AT THE INTERSEC - QUITO & SMITH TION OF BICKNELL ROAD WITH MONTCLAIR ROAD AND SMITH CREEK DRIVE . CREEK DRIVE Mr . Siemens seconded . Unanimously carried . PLANNING Mrs . Cannonmoved council accept Planning's monthly report . REPORT Mr . Siemens seconded . Unanimously carried . COMMUNICATION S (Continued)11 . 12 . 13 . -2 - May 5, 1980 31 5 Los Gatos, Californi a POLICE Mrs . Cannon moved Council accept the Police activity report fo r ACTIVITY the first quarter of 1980 . Mr . Siemens seconded . Unanimousl y REPORT carried . PUBLIC HEARING Mrs . Cannon moved for adoption of Resolution No . 1980-52 entitle d CONTINUANCES A RESOLUTION OF THE TOWN OF LOS GATOS ESTABLISHING A DEADLINE FO R REQUESTING PUBLIC HEARING CONTINUANCES . Mr . Siemens seconded . Unanimously carried . NOTICES OF Mrs . Cannon moved Notices of Completion and Certificate o f COMPLETION Acceptance be approved for the following : 1.Slide repairs, Broadway Extension (Soil Engineering Construction , Inc .) 2.Lyndon Project (General Development Company). Mr .. Siemens seconded . Unanimously carried . PAYROLL AND Mrs . Cannon moved Council approve April 1980 payroll in the amoun t WARRANT DEMANDS of $204,087 .74, and warrant demands in the amount of $190,653 .32 . FOR APRIL Mr . Siemens seconded . Unanimously carried . COMMENDATION Mrs . Cannon moved for adoption of Resolution No . 1980-53 entitled , A RESOLUTION COMMENDING TED PETERSEN . Mr . Siemens seconded . Unanimously carried . APPEAL 3-LOT As requested by appellant, this matter was withdrawn from the agenda . SUBDIVISIO N 17010 LO S ROBLES WA Y APPEAL As requested earlier in the meeting, this matter was continued t o ANTIQUE REST-June 16, and appellant, restaurant owner, Mrs . Lincoln an d AURANT, 50 Ms . Barnétt are to be notified by letter . UNIVERSITY AVE .. MAYOR'S Mayor Ferrito announced the following appointments : APPOINTMENTS Association of Bay Area Governments Brent Ventura, Representativ e MarLyn Rasmussen, Alternat e County Sanitation District No .4 County Water Conservatio n Advisory Commissio n County Transportatio n Policy Committe e Inter-City Counci l Inter-Governmental Counci l HCD/CAC Committe e Live Oak Nutrition Boar d Central Fire Distric t Board of Commissioners Thomas Ferrito, Representativ e Brent Ventura, Alternat e MarLyn Rasmussen, Representativ e Ruth Cannon, Alternat e Peter Siemens, Representativ e Brent Ventura, Alternat e Thomas Ferrito, Representativ e Peter Siemens, Alternat e Thomas Ferrito, Representativ e Peter Siemens, Alternat e Brent Ventura, Representativ e Ruth Cannon, Alternat e Ruth Cannon, Representativ e Peter Siemens, Alternat e Ruth Cannon,. Representativ e Marlyn Rasmussen, Alternat e PROPOSITION S 9 and 10 ICC Committee on Job/Housing/Ruth Cannon, Representativ e Transportation Imbalance MarLyn Rasmussen, Alternat e Mayor stated there is material before each Council member re th e two propositions and they will discuss Proposition 9,first-and see 316 May 5, 198 0 Los Gatos, Californi a PROPOSITIONS if anyone has any questions or comments . Mr . J . D . Vanderlaan , 9 and 10 17830 Bruce Avenue, stated he was opposed to Proposition 9 an d (Continued)10 . He feels Council should not take a position on either o f these propositions . Mr . Gordon Martin, 210 Rushmore Lane , stated he would like to speak in opposition of both propositio n 9 and 10 . Proposition 9 now benefits the wealthy in the Stat e and that 93% of our senior citizens would receive no reduction . It is estimated that some 55% of the savings of Proposition 9 would go to wealthiest 4% of the taxpayers . Proposition 10 oppose s all rent controls . Mr . Martin stated he wished to commend Counci l for considering taking action on these issues and believes it i s appropriate for Council to do so as it affects the citizens i n this community . Lucille Hogan, 105 Charter Oaks Circle, state d she does not believe Council should not take a stand on thes e issues nor try to sway the community as to how to vote . Rosalie Lincoln, 58 Alpine Avenue, stated she feels Council i s representative of the people of Los Gatos but feels people hav e the opportunity to go to the polls and vote themselves and Counci l should not get involved . Mr . Irving Blum, 135 Riviera Terrac e stated he just wanted the Council to be fair .. John Klemp , 78 Bentley, spoke for Proposition 10 . Mr . Ventura stated h e appreciates the opinion of those who urge Council to take no .stand , but, believes these propositions will have such a significan t impact on our community that it is necessary for Council to tak e a stand . Mr . Ventura opposes Proposition 9 on several grounds = most importantly because of the impact it will have on publi c education . He feels such opportunities should be available t o future use in our community . He does not believe in cutting bac k on tools our children need to be intelligent, contributing member s of our society . Mr . Ventura moved that Council take ,a stand an d oppose Proposition 9 . Mrs . Cannon seconded . Mr . Siemens state d he would support the motion with the additional reason that thi s Proposition would further transfer the taxing authority of th e citizens to Washington . Mrs . Rasmussen stated she would abstai n from voting on this motion because during her campaign she made he r own personal views aware to everybody in the forums and the news - paper and doesn't mind making her personal viewpointslown, but , she does feel the people want less government and less governmen t involved in their lives and certainly not to tell them how to vote . She also believes in sentence that came on ballot pamphlet, whic h states that Legislative propositions and citizen-sponsored initiative s are designed specifically to give you, the electorate, the opportunit y to influence the laws which regulate us all . Mr . Ferrito state d that he would vote in favor of motion as he feels we have not fel t the real impact of Proposition 13 yet and the schools will be mos t adversely affected by Proposition 9 and, as much as citizens migh t be involved in the governmental process, he feels it becomes ver y clear when your elected its Council persons responsibility to le t public know how we feel . Mrs . Cannon stated she feels much the sam e and feels Proposition 9 just makes the budgeting process, not onl y for the schools but for the Town, almost impossible . Motion carrie s by roll call vote of Ayes : Ruth Cannon, Peter W . Siemens, Brent N . Ventura and Mayor Ferrito . Noes : None . Abstained : MarLyn J . Rasmussen . PROPOSITION Mr . Ventura moved Council oppose Proposition 10 because of loss o f NO . 10 local control and the fraudulent and misrepresentation in which th e petition was circulated . Mr . Siemens seconded as he feels it limit s kind of control the local communities can adopt . Mrs . Canno n opposed the Proposition . Mrs . Rasmussen stated she would abstai n again on grounds that she believes it is the individuals right t o vote on each and every proposition . Mr . Ferrito stated he is i n favor of the motion as he feels this proposition would adversel y affect the senior housing, the landbanking program and could ver y well affect the below market housing program . Motion carries by rol l call vote of Ayes : Ruth Cannon, Peter W . Siemens, Brent N . Ventur a and Mayor Ferrito . Noes : None . Abstained : MarLyn J . Rasmussen . -4- May 5, 198 0 Los Gatos, California .31 7 REPORTS OF Mrs . Cannon reported on ICC Jobs/Housing and Transportatio n COUNCIL Imbalance meeting, and had copy of rules and regulations if an y Council members would care to see them . Mr . Siemens requested that Council and Planning packets be pu t in Library for citizens to review before the meetings . Mr . Ferrito reported on the IGC meeting . COUNTY Mr . Siemens moved Council accept staff recommendation of Count y REFERRALS referral : 121'66 .5 Loma Prieta Television Modification of us e 12P72 .7 Mountain Communications,permit fo r Inc .television towe r P .C . 4-17-8 0 Mrs . Cannon seconded . Unanimously carried . PLANNING Mr . Hill explained the ordinance, stating it delets the 4/5 votin g COMMISSION requirement for determinations, and substitutes that a majorit y APPEALS of Council vote is all that is necessary . Mrs . Rasmussen state d VOTING she had checked the Town code book and could not find anywhere a s REQUIREMENTS to what rules of order the Council operates with . If that is true , she feels it's time the Council has some rules, and moved tha t the Council adopt the Robert's Rules of Order . Mr . Hill state d Robert's Rules of Order are not the best choice for a legislativ e body . They are designed for the deliberation of other sorts o f bodies . The first rule of a legislative body is to make your ow n rules . After some discussion, Mr . Ferrite, asked for ,roll call vote . Ayes : Ruth Cannon and MarLyn J . Rasmussen . Noes : Peter W . Siemens , Brent N . Ventura and Mayor Ferrito . Motion fails . Sue LaForge , Executive Manager of Chamber of Commerce, requested continuance of this issue, to allow people in the community an opportunity to speak . After further discussion, Mr . Siemens moved reading be waived fo r ORDINANCE AMENDING THE ZONING ORDINANCE CONCERNING VOTING ON APPEALS . Mr . Ventura seconded . Unanimously carried . Clerk read title . Mr . Siemens moved Ordinance be introduced . Mr . Ventura seconded . Carried by roll call vote of Ayes : Peter W . Siemens, Brent N . Ventura , and Mayor Ferrito . Noes : Ruth Cannon and MarLyn Rasmussen . Mr . Siemens moved the adoption of Ordinance be agendized for May 12 , 1980 . Mr . Ventura seconded . Carried by vote of three ayes ; Mrs . Cannon and Mrs . Rasmussen voting no . Attorney Hill to repor t to Council if this issue can be heard and adopted at May 12, 198 0 meeting . Mayor stated if Attorney informs Council this cannot b e heard on May 12, then it will be on the May 19 meeting . BIKE LANES Mr . Warnick reported to Council that a post card survey had bee n ON made on "no parking" along Los Gatos Boulevard and 18 propert y LOS GATOS BLVD . owners objected to this . After some discussion, Mr . Ventur a moved this be brought back at the next regular meeting to allo w Council to inspect a larger scale map to show the full project . Mr . Siemens seconded . Unanimously carried . EMERGENCY Mrs . Cannon moved Council accept staff report and have tan chi p ACCESS seal put over existing asphalt surface between the two cul-de-sa c HARWOOD CT .bulbs . Mr . Ventura stated he would second that motion if it woul d AND include rolling curb . Mrs . Cannon stated her motion would includ e SANTA ROSA DR . that . Unanimously carried . C .B .Attorney Reedy, 101 Church Street, spoke against the complain t HANNEGAN'S re the non-conforming building expansion of C . B . Hannegan's a t 208 Bachman Avenue . He stated they have tried to follow al l compliances . Chris Benson, also spoke on behalf of the complain t of an enclosed storage room, stating he will take the roof of f the storage room and leave it open, if that is a problem . Speaking May 5,198 0 Los Gatos, Californi a C . B .against this project were Bob E . Lee and John Lee o f HANNEGAN'S 106 Massol Avenue . After further discussion, Mr . Siemen s moved Council direct staff to inform the owners that a conditional use permit is required and they should mak e application to the Planning Commission . Mr . Ventura seconded . Carried by vote of three ayes ; Mrs . Cannon and Mrs . Rasmusse n voting no . RECESS Mayor declared a five-minute recess . Meeting reconvened at 10 :40 p .m . Mr . Warnick stated his office will arrange for the inspection b y the mechanical engineer, and give Council a further report on thi s matter at a future date . Council accepted Mr . Warnick's report . Mrs . Cannon stated since the new Council majority voted to approv e low cost housing (high density, mostly non senior citizen housin g for the Town of Los Gatos) without a vote of the people as prescri- bed by State law, I move that the Town Attorney be instructed t o seek the opinion of the State Attorney General as to the legalit y of such action . Mrs . Rasmussen seconded . Carried by vote of fou r ayes . Mr . Ferrito voting no . PROPOSALS FOR Mrs . Rasmussen moved Council proceed with time schedule,a s DEVELOPERS recommended by staff,on the request for Proposals from developers . Mr . Siemens seconded . Unanimously carried . DEVELOPER Mayor Ferrito stated the Committee will be comprised of the followin g SELECTION people representing the below-listed groups : COMMITTEE Town Council Marlyn Rasmussen and Brent Ventur a APPOINTMENTS Planning Commission Lois Chapso n Community Service s & Development Comm .. and elderly Catherine Smith Handicapped & Paren t with small children Dennis Burrow Mrs . Cannon moved Jill Cody be given a letter by the Town requestin g the services of Sylvia Seman,of the Palo Alto Housing Corporation , toserve on the committee as the housing consultant .Jir ..Siemen s seconded . Unanimously carried . PARKING Mr . Ventura moved for adoption of Resolution No .1980-54 entitle d CITATIONS A RESOLUTION APPROVING AGREEMENT WITH COUNTY OF SANTA CLARA ADJUSTING PERCENTAGE DISTRIBUTION OF FINES AND FORFEITURES - PENA L CODE SECTION 1463 . Mr . Siemens seconded . Unanimously carried . KNOWLES DRIVE Mrs . Cannon moved to accept staff recommendation and approve th e ASSESSMENT negative declaration . Mr . Ventura seconded . Unanimously carried . Mrs . Cannon moved to approve an appropriation of $7,500 .00 fro m General Fund for appraisal work for the Knowles Drive Assessmen t District . Mr . Siemens seconded . Unanimously carried . PERS CONTRACT It was . consensus of Council this be continued to June 16, 1980 . AMENDMENT Mr . Ventura questioned the high fence installed at southwest corne r of Camino del Cerro and Los Gatos-Almaden Road . Mr . Warnick-state d letter has been sent to the developer but has no answer to date . ADJOURN Mr .Ventura moved meeting be adjoured at 11 :20 p .m .,to Monday,7 :30 p May 12, 1980 . Mr . Siemens seconded . Unanimously carried . ATTEST : . -6- NOISES OF A/CONDITIONE R AT NEIGHBOR - HOOD CENTE R LANDBANKIH G PROGRAM