Loading...
M 05-19-1980May 19,198 0 Los Gatos, C 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 . Siemen s and Mayor Thomas J . Ferrit o ABSENTI:'Brent N . Ventur a PLEDGE OF D ALLEGIANCE Given by all in attendance . MINUTES Mrs . Cannon moved minutes of May 12,1980 be approved a s submitted . Mrs . Rasmussen seconded . Unanimously carried . 1 . Letter from Gene Goldberg, Director of Los Gatos-Saratog a Recreation Department, stating that he believes confusio n will be caused between the name of the present Los Gato s Community Center and the new building called the Neighborhoo d Community Center and is suggesting the old building be . re-named the Los Gatos Recreation Center . Mrs . Rasmusse n moved suggestion be accepted and the building be re-name d the Los Gatos Recreation Center . Mrs . Cannon seconded . Unanimously carried . 2 Letter from James A .. Burt,16798 Potter Court,inquirin g about the legality of a neighbor constructing a permanen t parking place for a camping trailer and building of a permanent greenhouse . Mayor stated this would be referre d to staff'for investigation and report to Council, and Mr . Burt is to be informed of when this will be on the agenda again . 3 Letter from Marge Williams, President of Ming Quong Children's Center, thanking Council for waiving the fees for the use o f the Los Gatos Neighborhood Center during` the Strawberr y Festival in June . 4 . Letter from Katherine B . N . Sarina, Show Chairman of Lo s Gatos Art Association,requesting the use of the 'Town Plaz a Park on September 13 and 14 . Mrs . Rasmussen moved reques t be granted subject to Department approval . Mrs . Canno n seconded . Unanimously carried . 5• Letter from Chiquita Mottos, 211 Wilder Avenue, stating th e tree trimmers had ruined the trees in front of her house . Mrs . Cannon moved this be referred to Parks Department fo r report . Mr . Siemens seconded . Unanimously carried . 6 Memo from Town Attorney Preston Hill regarding contributio n to defense fund to assist the City of Tiburon in the Agin s v City of Tiburon case on appeal to the United States Suprem e Court . Mr . Hill's memo stated $500 .00 would be a typica l contribution for a Town the size of Los Gatos .Mr .Siemen s moved Council authorize payment of the $500 .00 as soon a s possible . Mrs . Rasmussen seconded . Carried by vote of fou rayes. Mr . Ventura abstained . Mr . Tobin,spoke against contribution . 7 .Revenue and Expenditure report for the month of April,1980 , from the office of the Town Clerk . Brent N .Ventura arrived at 7 :55 p .m . VERBAL Mr . Jacob S . Shapiro,15600 Camino del Cerro, stated he was her e COMMUNICATIONS to speak on agenda Item X-D and requested it be heard early i n the meeting as there were quite a few older people in attendanc e and not able to stay to the end of the meeting . Mr . Ventura move d that Agenda Item X-D be heard right after Item VI-E . Mrs,. Rasmusse nseconded. Unanimously carried . WRITTE N COMMUNICATIONS -1 - May 19,198 0 Los Gatos, C A BID AWAR D STREET LIGH T CONVERSIO N PHASE I I PROJ . 238-R S .BONNIE LANE NO .2 ANNEXATIO N HANDICAPPE D PARKING O N HIGH SCHOO L COUR T 601 DIVERSION . WORKER'S . COMPENSATIO N ADMINISTRATIO N MANUFACTURIN G OF BUSES FO R TRANSIT NEED S CAMINO DEL CERR O L .G .-ALMADE N FENC E CONSTRUCTIO N VACATION O F LAUREL AVENUE Mr . Warnick stated that the Town Clerk had received five bid s for the project, ranging from a high of $130,777 .00 to a low o f $90,034 .00 by Rosendin Electric . The Town Engineer's estimat e for the work was $96,000 .00 .Mrs . Cannon moved Council accep t staff recommendation and award the bid to Rosendin Electric i n the amount of $90,034 .00 . Mr . Siemens seconded . Unanimousl y carried . Mrs . Cannon moved Council accept staff recommendation tha t Bonnie Lane No . 2 Annexation be submitted to LAFCO . Mr . Ventur a seconded . Unanimously carried . Mrs . Cannon moved for the adoption of Resolution 1980-55 entitled , HANDICAPPED PARKING HIGH SCHOOL COURT . Mr . Ventura seconded . Unanimously carried . Mrs . Cannon moved Council accept staff report regardin g 601 Diversion . Mr . Ventura seconded . Unanimously carried . Mrs . Cannon moved for adoption of Resolution No .1980-56 entitled , A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS APPROVIN G AN AMENDMENT TO A SERVICE AGREEMENT WITH GATES, MCDONALD AN D COMPANY, and authorization for the Mayor to execute said agree- ment . Mr . Ventura seconded . Unanimously carried . Mrs . Cannon moved for adoption of Resolution No .1980-57 entitled ; A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS URGIN G THE FEDERAL GOVERNMENT TO ENCOURAGE THE CHRYSLER MOTOR CORPORATIO N TO UNDERTAKE THE MANUFACTURING OF BUSES FOR PUBLIC TRANSIT NEEDS . Mr . Ventura seconded . Unanimously carried . Mayor Ferrito stated this is not a public hearing but anyon e wishing to speak on this matter may do so at this time . Person s from the audience speaking regarding the dangerous situatio n caused by the construction of the fence and also of the speedin g problems in that area were : Stan Blodgett, Jacob S . Shapiro , George Tobin, K . Williams and Ed Stollary . Discussion was hel d regarding what could be done . immediately to alleviate some o f these problems . Mr . Warnick stated staff could or would ad d more barricades and request more police surveilance until th e fence is removed or set back . It was Council recommendation , after hearing all testimony, to adopt urgency Ordinance regulatin g heights of fences and lowering the speed limit . Mr . Siemens move d reading be waived for URGENCY ORDINANCE OF THE TOWN OF LOS GATO S REGULATING THE HEIGHT OF FENCES AND WALLS NEAR INTERSECTIONS . Mrs . Rasmussen seconded . Unanimously carried . Town Clerk rea dtitle.Mr : Siemens moved Urgency Ordinance No . 1469 be adopted . Mrs . Rasmussen seconded . Unanimously carried . Mrs . Cannon move d Ordinance No .1469 be introduced asa regular ordinance . Mr . Ventura seconded . Unanimously carried . Mr : Siemens move d reading be waived for URGENCY ORDINANCE OF THE TOWN OF LOS GATO S ESTABLISHING A 25 MILE PER HOUR SPEED LIMIT ON A PORTION O F LOS GATOS-ALMADEN ROAD .Mr . Ventura seconded . Unanimousl y carried .Town Attorney read title of ordinance (which establishe s the speed limit at 25 miles per hour on that 1000 foot portion o f Los Gatos-Almaden Road- which is within 500 feet of Camino del Cerro ) Mr . Siemens moved for adoption of Ordinance No . 1470 . Mr . Ventura .seconded . Unanimously carried . Mr . Siemens moved staf f implement recommendations 2 through 6 as designated in letter fro m Steinbock and Hofman, dated May 5, 1980 . Mrs . Cannon seconded . Unanimously carried . Mayor instructed Manager to notify an d advise the Police Department of the new speed limit establishe d and request strict enforcement . Mayor Ferrito stated this was the time and place duly publishe d for public hearing on the vacation of a portion of Laurel Avenue . = May 19, 198 0 Los . Gatos, CA. VACATION OF Lois Chapson,323 Pennsylvania Avenue, spoke on the issue and LAUREL AVENUE stated property owners have sighed a petition asking for th e (Continued)vacation . Discussion was held ;.with regard to necessar y easements needed by property owners involved . Mrs . Canno n moved this public hearing be continued to June 16, 1980 t o allow time for receiving more information . Mr . Ventura seconded . Unanimously carried . TANNING STUDIO Mayor Ferrito stated this was the time and place duly publishe d APPEAL for public hearing to consider the appeal of Planning Commission's denial of a conditional use permit to operate a tanning studi o at 477-B N . Santa Cruz Avenue . Shane Gibeson, applicant of thi s project, stated that his attorney,Mr .Rosenburg, was unable t o be in attendance tonight and requested this matter be continue d to the next meeting . Mrs . Cannon moved request be granted an d this be continued to June 2,1980 .Mr .Siemens seconded . Unanimously carried . OFFICE BUILDING Mayor Ferrito stated this was the time and place duly publishe d 340 UNIVERSITY for public hearing to consider the appeal of Planning Commission's AVENUE approval of an office building at 340 University Avenu e Mr . Robert Lee,106 Massol Avenue, stated he appealed this projec t due to congested traffic already at that intersection . Als o speaking against the project were Linda Barnett and Jo Bartlett . Mr . Dan Simons, owner of the property, spoke for the project an d stated he has done all he can to make this a good project but i s open for any .suggestions . After further discussion and no on e else in the audience wishing to speak, Mr . Ventura moved hearin g be closed . Mrs . Rasmussen seconded . Unanimously carried . Mrs . Rasmussen moved appeal be denied and adopt Resolutio n No .1980-58 entitled, A RESOLUTION MODIFYING A DECISION OF THE TOW N PLANNING COMMISSION with the added condition that the applican t install striping and raised traffic bars in University Avenue, i n order to prohibit left turns into and out of the property, and al l other conditions remain as determined by the Planning Commission . Mr . Ventura seconded . Mr . Siemens asked that motion be amende d to include "necessary signs," as deemed necessary by the Tow n Engineer . Amendment accepted . Unanimously carried . TOWN GENERAL Mayor Ferrito stated this was the time and place duly publishe d PLAN to consider various amendments to the Town General Plan . Plannin g Director Lee Bowman summarized amendments to General Plan an d Hillside Specific Plan as recommended by Planning Commission an d included in May 14, 1980. report from Planning Department . Speakin g on Amendment #4 regarding Alberto Way Basin, was Bruce Kelley , 17220 Pine Avenue . He asked that Council be consistent in th ezoning of the basin area and that Alberto Way be extended . H e also requested that Council instruct Planning staff to thoroughl y study traffic volume before any further development in the basi n area . Mr . T . Gonzales stated that he wanted no additional traffi c through Pine Avenue . Mr . Lambert, developer of a proposed develop- ment in the basin area, spoke against extending Alberto Way . Discussion was also held as to easements through Pine Avenue, an d traffic generated by additional development . Mayor Ferrito aske d for copy of report regarding traffic count from Engineering staff . Mrs . Cannon moved hearing be closed . Mr . Siemens seconded . Unanimously carried . Mayor stated motion not in order as hav e notcompleted the hearing on Hillside Specific Plan . Motio n rescinded . Mayor asked if anyone in audience wished to be heard .A gentleman representing Guadalupe College asked for clarificatio n regarding loop road . Pat Beadle requested that Council accep t Planning Commission recommendation . After further discussion , Mr . Ventura moved hearing be closed . Mr . Siemens seconded . Unanimously carried . Mayor stated there are two Resolutions t o consider : 1) amendments to the Land Use Plan of the General Pla n and 2) the Hillside Specific Plan . Discussion was held as t o number of Land Use amendments allowed in one year . Mr . Bowma n stated three amendments are allowed . Mr . Siemens moved fo r adoption of Resolution concerning Land Use Plan of the Genera l -3 - 30 5 May 19, 198 0 Los Gatos, CA 9503 0 TOWN GENERAL Plan . with the exceptions of Items C and D (Alberto Basin items ) PLAN and with the provision that these items be referred to Plannin g (Continued) Commission for further study of allocation of number of trip s per day . Motion died for lack of a second . Mr . Ventura move d public hearing be continued on this issue until June 16, 1980 , with staff report back to Council with information requeste d regarding allocation of trips per day in basin area . Mr . Siemen s seconded . Unanimously carried . HILLSIDE SPECIFIC Mr . Ventura moved hearing be closed regarding Los Gatos Hillsid e PLAN Specific Plan . Mrs . Rasmussen seconded . Unanimously carried . Mr . Ventura moved for adoption of Resolution No .1980-59 entitled , A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS CON- CERNING AMENDMENTS TO THE LOS GATOS HILLSIDE SPECIFIC PLAN . Mrs . Rasmussen seconded . Unanimously carried . RECESS Mayor Ferrito declared a recess . Meeting reconvened at 10 ;30 P .M . COUNCIL Mr . Siemens stated he had attended the Transportation Commissio n REPORTS meeting and discussion was held regarding increase of bus fares . Mr . Ventura stated he had attended the HCD meeting and also rep - resented the Town at the KQED auction . Mr . Ferrito stated tha t there is an opening on the Parking Advisory Commission and tha t people should be notified . Mrs . Rasmussen moved that the ;Cler k be authorized to advertise for applicants and that closing dat e for applicants be set for June 11, 1980 at 5 :00 P .M . and interviews be held on June 16, 1980 . Mrs . Cannon seconded . Unanimousl y carried . VOTING Mayor Ferrito stated this was not a public hearing but if anyon e REQUIREMENTS wished to speak on this subject, they may do so . Lewis Catalano ,ON APPEALS Art Snyder, George Tobin, Marlon Smith, Frank Treseder, Al Martinskis , Frank Howell and Jean Moore spoke against a change in votin g procedures . Others in the audience speaking on the issue were Chuck Weber, Robert Lee, Sam Laub, Dale Hill, Catherine Smith an d Jo Bartlett . After further discussion, Mr . Ventura moved fo r adoption of Ordinance No . 1471 entitled, ORDINANCE AMENDING TH E ZONING ORDINANCE CONCERNING VOTING ON APPEALS . Mr . Siemen s seconded . Carried by vote of three ayes . Mrs . Cannon and . Mrs . Rasmussen voting no . BIKE LANES Mrs . Rasmussen moved to approve, in concept, the proposal t o LOS GATOS BLVD .install bike lanes on Los Gatos Boulevard between Kennedy Roa d and Blossom Hill Road, and to direct staff to prepare precis e plans for implementation . Mr . Ventura seconded . Mr . Siemen s asked that motion be amended to allow more paving on east sid e of Los Gatos Boulevard in front of Van Meter School . Amendmen t accepted . Motion carried unanimously . CAMINO DEL SOL Discussion was held on alternatives presented by the Tow n TRAFFIC REPORT Engineering staff . After some discussion, Mrs . Cannon move d that Council accept Engineer's option #5 : The closing o f Camino del Sol at National Avenue, construct cul-de-sac, an d eliminate turn restriction at Los Gatos Boulevard and Camino del Sol . This is to be done in conjunction with development o n National Avenue . Mr . Ventura seconded . Unanimously carried . PLANNING It was consensus of Council this will be held for budget sessio nPRIORITIESstudies. COUNTY Mrs . Rasmussen moved Council accept staff recommendations on th eREFERRALSfollowing 282-27-41-78B Bayview Dr .Ric e Time Extension for single family dwelling . No comment .; 12S78 .8 Old Santa Cruz Hwy . Cassel Time extension for s-lot subdivision .No comment . May 19, 198 0 Los Gatos, C A COUNTY 703-26-41-79B-80RA Virdelle Dr .Sierra Paradise, Inc . REFERRALS Reversion to acreage . No comment . (Continued) C79-9-129 PDC 80-3-53 Roundtree Dr . Falcocchi a Zone change for two projects on land within West Valle y Corridor . Letter regarding Town position on Route 85 t o be sent to the City of San Jose . Mr . Ventura seconded . Unanimously carried . BLOSSOM HILL RD .Mr . Siemens moved Council approve, in concept, the propose d OLD BLOSSOM HILL changes to the project and direct staff to incorporate change s ROAD IMPROVEMENT into the final plan . Mrs . Cannon seconded . Unanimously carried . BROADWAY Mrs . Rasmussen moved Council accept the petition for the Broadwa y EXTENSION Extension assessment District and-direct staff to further investi- gate the possibility of performing the work on a voluntary basis ; report the results of the investigation to the Council as soon a s possible . Mrs . Cannon seconded . Unanimously carried . Mayo r directed staff to make preliminary spread so property owners kno w just where they stand . LANDBANKING Through her attorney, Mrs . Davis filed a written ., reques t PROGRAM to be heard on this matter . Her attorney, Barbara Sauer, appeare d and stated that Mrs . Davis opposed adoption of the resolution o f necessity, but offered no evidence . Mr . Siemens moved for adoptio n of Resolution No . 1980-60 entitled RESOLUTION OF NECESSITY 1635 1 LOS GATOS-ALMADEN ROAD . Mr . Ventura seconded . Unanimously carried . Mrs . Rasmussen moved Council accept staff recommendations o f HUD-requested changes to RFP and the adjusted time schedule fo r proposals from developer and authorize the submission of a n application for the Innovative Grant . Mr . Siemens seconded . Unanimously carried . WORCESTER AND Mrs . Rasmussen moved Council adopt Resolution No 1980-61 entitled , LA RINCONADA RESOLUTION AUTHORIZING ENGINEERING SERVICES AGREEMENT, and Mayo r PARKS be authorized to execute said agreement on behalf of the Town . SERVICE Mr . Ventura seconded . Unanimously carried . AGREEMEN T LIQUIDATED DAMAGES Mr . Siemens moved Council accept staff recommendations and tha t DOWNTOWN NEIGHBOR- there be no liquidated damages due from O .Anderson , HOOD CENTER Environmental Systems, Inc . and Ernest L . Beaudikofer and tha t PROJECT all should be paid the retention money being held by the Tow n Clerk . Mr . Ventura seconded . Unanimously carried . PENDING STATE Mrs . Rasmussen moved Council accept staff recommendation and oppos e LEGISLATION SB-1960 (Rains) which would require cities to permit factory-buil t and mobile homes to be located in single-family zones . This woul d be an unreasonable intrusion into local zoning authority : Mr . Siemens seconded . Unanimously carried . BUDGET SESSIONS It was consensus of Council that Wednesday, June 4,and Monday , June 9, be scheduled as budget study sessions . STUDY SESSION Mayor Ferrito stated this be placed on agenda .for June 16, 198 0 WITH PLANNING to consider meeting date for study session with Planning Commission . SALE OF Planning Director Lee Bowman stated it hasbeen suggested, as a DEVELOPMENT method of preserving open space, that the Town consider amendin g RIGHTS out Ordinance whereby development rights could be sold . Mr . Siemens moved staff be directed to prepare draft ordinance . Mrs . Cannon seconded . Unanimously carried . NOMINATION TO Mayor Ferrito referred to letter from Sandy Louthian, Chairman o f 1980 AWARD FOR the Cultural Resources Commission, nominating Mardi Gualtier i EXCELLENCE for the award . Mr . Ventura moved recommendation be accepted . Mr . Siemens seconded . Unanimously carried . ADJOURN Mrs . Cannon moved meeting be adjourned at 1 :15 A .M ., Tuesday , May 20, 1980 . Mr . Ventura seconded .Unanimously carried . ATTEST :v G Ro e E . Alda g Town Cler k -5 -