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M 08-05-1980362 5, 198 0 Los Gatos, Californi a TOWN UOUNCIL The Town Council of the Town of Los Gatos met in th e Council Chambers of the Town Hall at 8 :10 p .m ., i n continued regular session . ROLL CALL PRESENT : Mrs . Ruth Cannon, Mrs . MarLyn J . Rasmussen , Mr . Peter W . Siemens, iir . Brent N . Ventura and Mayor Thomas J . Ferrit o ABSENT : Non e PT,FDGE O F ALLEGIANCE Given by all in attendance . COUNT Y REFERRALS Mrs . Cannon moved Council accept staff report on count y referrals as follows : 1211-33-37-80Z-80S Morrill Road Loma Priet a School District Zone change request from RHS-20S t o Rl-5 acres and 3-lot subdivision Request County to deny . 1224-26-51-80B-80V Shelton Road Heenan Variance to reduce front and side yard to allow remodelin g of existing residence No comment . 993-30-52-80P-8 .0S Englewood Avenue Beadl e 3-lot subdivision Use permit denied by Bd . of Supervisor s 7/28/80 Board also asked County P .C . to initiate zone change from R-1 :8 to R-1 :20 . 11P68 .5 Lime Kiln Canyon Road Hogan Us e permit renewal for Hillsdale Quarry County P .C . renewe s for 5 yrs . subject to additional conditions . PP80-39 EIR for project to improve the sludg e handling system at the San Jose/Santa Clara Water Pollutio n Control Plant No comment . Mrs . Rasmussen seconded . Unanimously carried . MILLER GRADING Mr . Bowman, Planning Director, reported that staff ha dVIOLATIONnotified County of said violation and the County determine d the grading work is a violation and explained the appea l procedures to the owner Mr . Kenneth Miller . Mr . Siemen s moved staff send letter to County thanking them for thei r prompt action . Mr . Ventura seconded . Unanimously carried . REZONING LOS Mr . Siemens moved for adoption of Ordinance No . 1474 entitled ,ROBLES WAY AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONIN G ORDINANCE EFFECTING ZONE CHANGE NO . 43 FROM R-1 :10,000 TO R-1 :20,000 . Mr . Ventura seconded . Carried by vote of four ayes . Mrs . Rasmussen voting no . TRAFFIC REPORT Discussion was held re installation of a flashing lite bein gFISHER SCHOOL installed on Blossom Hill Road . Mr . Warnick stated he fel tCROSSWALK ON that is not the answer . It was consensus of Council t o BLOSSOM HILL continue this issue to September 2, 1980, meeting to allo wROADtime to contact Ms . Lester . So ordered . PREFERENTIAL It was consensus of Council to accept staff report an dRESIDENTIALauthorize the questionnaire as drafted by the Parking Advisor yPARKINGCommission to be sent out to residents in the area near th e Central Business District, to find out the residents reactio nto such a program . POLICIES &Mrs . Rasmussen moved Council accept staff recommendatio nPROCEDURESand approve the policy change regarding resident/non -ON USE OF resident use of the Downtown Neighborhood Center . Mr .' NEIGHBORHOOD Siemens seconded . Unanimously carried .CENTER - 1 - X6 3 August 5, 198 0 Los Gatos, Californi a PROPOSITION 13 Discussion was held on the legality of increasing busines s LLMITS ON license fees on establishment selling liquors . Mr . Ventur a INCREASED TAXES moved Town put on the November ballot a measure askin g "Should the Town of Los Gatos increase business license fee s on all retail establishments selling alcoholic beverages - for on-site consumption", for the purpose of applying sai d increase revenues for the increase cost of police and emer - gency services . Mrs . Cannon seconded . Under discussio n Attorney, Preston Hill, stated Council would have to stat e how much the tax is or else say an "unlimited amount" a s the Constitution states only the State can tax liquor . Mr . Ventura moved to amend motion to state "in an amoun t commensurate with the increased expenses due to the burde n faced by Police Emergency Services", and ask staff t o recommend amount that would be representative of the increas e burdens and cost to police services . Mrs . Cannon questione d the enforceability of this and stated she would withdra w her second . After further discussion it was consensus o f Council to research this matter further as to cost amount s needed and this be placed on the ballot at some later date . Have staff to report back as to cost of police services. Have staff to draft a Resolution for Council adoption whic h could be passed on to the League of California Cities an d this be reagendized at least two months before the deadlin e for placement on the next election ballot, also investigat e the possibility of levying a tax that would be upheld b y courts . TAXICAB RATE Mr . Ventura moved for adoption of Ordinance No .1475 entitled , INCREASE AN ORDINANCE AMENDING SECTION 29-44 OF THE LOS GATOS TOW N CODE RELATING TO THE REGULATION OF TAXI FARES . Mrs . Canno n seconded . Unanimously carried . POLICE Manager stated most of the police problems in said repor t PROBLEMS have been covered at previous meetings but there are a fe w that have not been discussed . On problem of cruising, Mrs . Cannon moved to accept staff recommendation and post th e Central Business District with "Cruising Prohibited" signs . Mr . Siemens seconded, with an amendment to motion that sign s state "Maximum Fine of $50 .00". Disucssion was held r e placing of signs . Chief Johnson stated he would be attendin g the CPOA's Law & Legislative Committee meeting next wee k and would propose this issue to them . Mrs . Cannon state d the signs could be placed at the 4 main entrances to down - town area, and not all over town . Vote on the motion wa s three ayes . Mr . Ventura and Mr . Ferrito voting no . Motio n carried . Mr . Siemens stated in Santa Cruz the signs poste d in area that says residential traffic only and would lik e staff report as to such posting proceedings . Staff aske d also to report on posting of the public parking lots wit h "FREE PUBLIC PARKING" signs . NOTICING Mayor stated people have complained of a lack of posting o f PROCEDURES notices of Planning and other procedures . Mr . Bowman state d the State law says Town should post on public utility poles . Mr . Stephens of the PG & E stated posting on their utilit y poles is unlawful so they tear the signs down . After som e discussion asked staff to research the laws re use o f utility poles . CONSULTANTS -Mayor Ferrito stated interviews of consultants to searc h SEARCH FOR for new Town Manager has been held and the firm of Hughes , TOWN MANAGER Heiss and Associates had been selected . Mrs . Cannon move d for adoption of Resolution No .1980-105 entitled, RESOLUTIO N OF THE TOWN OF LOS GATOS AUTHORIZING THE EXECUTION OF A N AGREEMENT BETWEEN THE TOWN AND HUGHES, HEISS & ASSOCIATE S ) and Mayor be authorized to execute said agreement . Mr . Siemens seconded . Unanimously carried . -2 - 36 4 August 5, 198 0 ios Gatos, Californi a MEMORANDUM OF Mrs . Cannon moved for adoption of Resolution No . 1980-10 6 UNDERSTANDING entitled, A RESOLUTION APPROVING A MEMORANDUM OF UNDERSTANDIN G (CORP . YARD)BETWEEN THE TOWN OF LOS GATOS AND LOCAL 101 ON THE AMERICA N FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES (CORPOR - ATION YARD UNIT). Mrs . Rasmussen seconded . Unanimousl y carried . CONSOLIDATION Mrs . Cannon moved for adoption of Resolution No . 1980-10 7 OF NOV . 4,1980 entitled, RESOLUTION OF THE TOWN OF LOS GATOS CALLING A ELECTION AND SPECIAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 4, 1980 , PLACING OF REQUESTING THE CONSOLIDATION OF SAID ELECTION WITH THE STAT E MEASURE GENERAL ELECTION TO BE HELD IN SANTA CLARA COUNTY ON NOVEMBE R 4, 1980 . (Submitting the following measure to the elector s of the Town : May the Town of Los Gatos levy an additiona l business license tax on all apartments of six (6) units o r more in the amount of $1 .00 per month per unit, to be col - lected in such manner and on such periodic basis as the Tow n Council determines . The purpose of this tax is to financ e the Rental Mediation Program). Mr . Siemens seconded . Carrie d by vote of four ayes . Mr . Ventura abstaining . PROCLAMATION .Mayor Ferrito stated he had received a request from Rainbo w the Clown askin g .for proclamation to designate "Nationa l Clown Week" from August 1st through August 7th . Mrs . Canno n moved request be granted and proclamation be prepared . Mrs . Rasmussen seconded . Unanimously carried . HISTORICAL Mayor Ferrito stated he had received a letter from the Inter - STREET NAMES governmental Council asking Council to support the concep t that historical street names be maintained . Mr . Siemen s moved staff to reply to IGC that we draw from our list o f historical names on file in Clerk's Office . Mrs . Cannon seconded . Unanimously carried . LEAGUE Mrs . Rasmussen stated the League of California Cities annua l CONFERENCE conference is being held October 19-22 and three Counci l OCTOBER 19-22 members are planning to attend which would not leave a quore m to conduct the regular October 20th Council meeting . Mrs . Rasmussen moved to change the October 20th meeting to Octobe r 27th, 1980 . Mrs . Cannon seconded . Unanimously carried . Mayor Ferrito stated he would like to commend Jill Cody fo r establishing the Energy Conservation Program . CRUISING Mayor Ferrito referred to letter received from Smith an d ORDINANCE Johnson, Attorney's re the constitutionally defective provis - ion of the Los Gatos Anti-Cruising Ordinance . Mrs . Rasmusse n moved letter be noted and filed . Mr . Hill instructed t o contact Mr . Smith, the ACLU representative . Mrs . Cannon seconded . Unanimously carried . DEVELOPER Discussion was held re selection and review of developer s SELECTION -for the HUD Housing Project, which is scheduled for Augus t HOUSING PROJECT 7, 1980 meeting . Mrs . Cannon moved Council to review only the top three developers as noted by the selection committee . Mr . Ventura seconded . Unanimously carried . Discussion wa s held re the possibility of a measure being put on the ballo t re the Federally Subsidized Housing Program . Mrs . Cannon moved that such a measure should be put on the ballot . Mrs . Rasmussen seconded . There was no vote on the motion and matter was deferred to the meeting of August 1, 1980 . STttEAMSIDE Mr . Ventura referred to Supervisor Wilson's request fo r CUIvIMiTTEE nominees for Los Gatos representation on the Streamsid e NOMINATION Committee and stated he would like to nominate Adu Bagley . It was consensus o f .Council that Ms . Bagley be nominated . -3 36 5 August 5, 198 0 Los Gatos, Californi a PLANNING Discussion was held re letter from Mr . A . Slutman regarding COMMISSIONERS his record of attendance to the Planning Commission meetings . ATTENDANCE After some discussion, Mr . Siemens moved Council and Mr . Slutman meet in executive session prior to the Septembe r 2nd, 1980 Council meeting to discuss this issue . Mr . Ventur a seconded . Carried by vote of three ayes . Mrs . Cannon an d Mrs . Rasmussen voting no . EXECUTIVE Mayor Ferrito called for an executive session meeting a t SESSION 10 :30 p .m . Council meeting reconvened at 11 :50 p .m . ADJOURNMENT Mrs . Rasmussen moved meeting be adjourned at 11 :52 p .m . t o 7 :30 p .m ., August 7, 1980 for the purpose of selecting a developer for the housing program . Mr . Ventura seconded . Unanimously carried . ATTEST : f 7d Ze E.. Alda gRos e Town Clerk