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M 12-02-198041 9 December 2, 198 0 Los Gatos, Californi a The Town Council of the Town of Los Gatos met in the Counci l Chambers of the Town Hall at 7 :30 p .m,in continued regula r session . PRESENT : MarLyn J . Rasmussen, Peter W . Siemens, Brent N . Ventura and Mayor Thomas J . Ferrito . ABSENT : Ruth Cannon . MINUTES Mr . Ventura moved minutes of November 17, 1980, meeting b e approved as submitted . Mrs . Rasmussen seconded . Unanimousl y carried . WRITTEN 1 . Letter from Senior Cordinating council requesting, a s COMMUNICATIONS outlined in the contract between their organization an d the Town of Los Gatos, an appointment of Council represent - ative to attend the Senior Coordinating meetings . Mayor Ferrito stated he would be attending the meetings an d instructed Manager to advise the organization . 2.Letter signed by John and Janis McCormack and Pam Hatc h opposing the zoning/prezoning of the Bonnie Lane Area an d requesting a postponement of this issue to allow them t o voice their opposition . Later-agenda item . 3.Letter from Charles E . Luckhardt, Jr ., Attorney representin g Ron Baker Chevrolet ; West Valley Dodge ; Los Gatos Chrysler - Plymouth, Moore Buick ; McHugh Lincoln-Mercury ; Paul Swanson , Inc .and Countryman Oldsmobile-Cadillac, Inc ., requestin g a hearing or re-hearing and reconsideration on Resolutio n establishing bike lanes on Los Gatos Blvd ., betwee n Blossom Hill Road and Kennedy Road . Staff advised this ha s been continued to December 15,1980 meeting . 4.Letter from Chamber of Commerce re the elimination of parkin g spaces to accomodate the bike lane and would be happy t o meet with representatives of the Town and the Auto dealer - ships to consider options for parking on Los Gatos Blvd . (Hold for next meeting). 5.Letter from Mimi Baca on behalf of the Western Federa l Savings and Loan Association, requesting the Counci l temporarily waive the current sign ordinance regulation s and allow them to place a professional designed canvas s banner on three flag poles in the Bank parking lot t o announce the upcomming Great Race to be held on January 11 , 1980 .Mrs .Rasmussen moved request be granted . Mr . Ventur a seconded . Mr . Perry stated the Sign Ordinance does no t allow this . Mr . Bowman stated no variance can be issue d and explained rules and regulations . Motion and second withdrawn . Staff to notify the Ms . Baca of the regulation s re signs . 6.Letter from Jan Henze, 121 Dardanelli Lane requesting permis - sion to operate a crafts and arts concession booth in the Town Plaza on December 6,1980 .Mrs . Rasmussen moved reques t be denied for lack of information . Mr . Siemens seconded . Unanimoulsy carried . 7.Notice from Pacific Gas and Electric Co . of applicatio n before the Public Utilities Commission to increase gas an d electric rates to carry out the Solar Financing Program . 8.Letter from Kiwanis-Rotary Art Committee, thanking the Tow n for the cooperation of its Cultural Commission in the 3r d annual Kiwanis-Rotary Art Contest . VERBAL Mrs . Enfantino, read from a political leaflet giving the platform s COMMUNICATIONS on which Mr . Ferrito and Mr . Siemens were for, when campaignin g for election, and she maintains they are not keeping their word . John Entoli, questioned Mayor as to the outcome of Mayor's meeting in which the Route 85 was discussed . Mayor stated h e would report on this later . TOWN COUNCI L ROLL CALL -1 - 420 December 2, 198 0 Los Gatos, Californi a VERBAL Todd Nisson, member of a brass quartet, asked Council t oCOMMUNICATIONSreconsider and reverse their previous action and allow th e(CONTINUED)quartet to play their music on the streets of Los Gatos durin g the Christmas season . Discussion was held and Mayor state d if this is allowed it would have to be-temporary and could b e revoked by the Police at any time . Mr . Ventura moved to gran t a temporary permit for the quartet to play along N . Sant a Cruz Avenue between Main Street and Saratoga Avenue from 4-9 p .m . from December 5th through December 31st, 1980, with th e stipulation that the quartet is aware that if any problems aris e the Police may revoke the permit . Mrs . Rasmussen seconded . Unanimously carried . Mr . Nisson was also informed to notif y Police when they would be performing . VILLA VASONA Mayor Ferrito reviewed this item stating the proposed developmen t612 W . PARR agreement is in the hands of the Town Attorney for further review .AVENUE DEVELOPER Mrs . Rasmussen stated she would like to bring up a particula rAGREEMENTconcern of hers re the agreement . She feels there is going t o be a conflict between the 65 year reversion and the law an dperpituity. She would like Council to consider rescinding thei r previous motion, ask for more information from the Town Attorne y and authorize Mr . Hays to consult with a specialist on thi s matter before we get into this . Mayor Ferrito stated his under - sta.-Ming-of the motion was tha the Council wanted Mr . Hays t o do some research and come back to Council and inform them if i t is proper and what form it should be in . Then Council woul d accept or reject the information . If Mr . Hays feels the nee dto consult with a specilaist the Council could authorize it .Mr . Hays stated he understood his directions and he-would com e back with the contract and some analysis as to what the alternative s are and why he thinks it is valid . APPEALSON EIR This was dealt with by adopting Resolution No . 1980-177 denying the appeals on December 1, 1980 . SUBDIVISION This was approved at the December 1, 1980 meeting .APPLICATION ZONE CHANGE Mayor stated the staff based on Council imput on this at th eORDINANCEMonday night meeting, made some modifications to Section 2 - paragraph 1 -by adding, "but the 16 one-bedroom units shall b e available to elderly and non-elderly on a first come firs t served basis". Section 5 - paragraph 14 - to read, "Thirt y eight units shall be for 'elderly only . The 16 one-bedroom units in the family area shall be available to elderly and non - elderly on a first come first served basis ." Section 5 - paragraph 12 - to read, "a minimum of 5% of the family unit s and 10% of the elderly units shall be designed for use by th e handicapped ." And add paragraph 16 under Section 5 whic h pertains to preference . Discussion was held on the feasibilit y of dropping a couple of family units to increase parking facilitie s and of utilizing spaces for compact cars . After further discus -sion, Mr . Ventura moved reading be waived for AN ORDINANCE O F THE TOWN OF LOS GATOS AMENDING THE ZONING ORDINANCE EFFECTIN G ZONE CHANGE NO .FROM RM :5-12 AND "0" TO RM :5-12-PD . Mr . Siemens seconded . Unanimously carried . Clerk read title . Mr . Ventura moved for introduction of the ordinance . Mr . Siemens seconded . Mrs . Rasmussen stated she could not support the motio n based on twelve years of personal experience living in governmen t subsidized housing, and does not believe that 38 units fo r senior citizens addresses the need for local senior citizens but , also does not believe Council is being consistent with it s development policies and does not feel Council is being consisten t in listening to small neighborhood groups and feels as Mr . Hay s stated earlier that we should really forget HUD . Mrs . Rasmusse n - 2 - 42 1 December 2,198 0 Los Gatos, Californi a ZONE CHANGE then stated she would like to put out for Council's consideratio n ORDINANCE the Town has 3 .7 million dollars surplus in the General Fun d (CONTINUED)and another l2 million sitting in other funds and submits Tow n should build our own project for senior citizens and for familie s of Los Gatos, that Council could control . Mr . Ventura then spok e on his reason for approving the zoning and referred to th e General Plan . Motion for introduction of said ordinance carrie d by vote of three ayes ..Mrs .Rasmussen voting no . ~e &-.vaone- ,..e ,&/5-/9a raa ~~ AGREEMENT TO Mayor Ferrito stated he would ask Council to defer action o n PURCHASE LAND this item because he is attempting to schedule a meeting wit h FROM COUNTY Suzanne Wilson from the Board of Supervisors to discuss, possibl e further reduction in the purchase price of the property from th e County . Matter to be put on the agenda when the Council consider s the Developer's Agreement . 1979 BUILDING Mayor Ferrito stated this was the time and place duly publishe d CODES for public hearing to consider the adoption by reference wit h modifications of the 1979 building codes . Mr . Frank Treseder , from audience, stated the International Conference of Buildin g Official's had adopted a Uniform Building Security Code but i t is not listed in the codes to be adopted by the Council an d asked that Council consider having the Security Code include d in their action . Captain Schuster, stated this Security Cod e had been discussed and feels we do need it . Due to lack o f information tonight,Mrs .Rasmussen moved the issue be continue d to December 15, 1980 .Mr . Siemens seconded . Unanimously carried . Mr . Siemens moved for adoption of Resolution No .1980-178 , entitled, HANDICAPPED PARKING - CIVIC CENTER PARKING LOT . Mr . Ventura seconded . Unanimously carried . Mr . Siemens moved for adoption of Resolution No .1980-17 9 entitled, HANDICAPPED PARKING - NEIGHBORHOOD CENTER PARKING LOT . Mr . Ventura seconded . Unanimously carried . Mr . Siemens moved to accept the report on burgulary suppressio n effort which consists of a strike force that is made up o f combined uniformed and non-uniformed patrol of selected residenta l areas within the Town which have experienced the highest rat e of burgulary . These areas are covered by foot patrol,. bicycle , mopeds and cars . Mr . Ventura seconded . Unanimously carried . Mr . Siemens stated the Police should be commended for thei r efforts . Mr. Siemens moved to accept report re the Sunday parking ba n placed on N . Santa Cruz Avenue from 2 :00 p .m . to 7 :00 p .m . Mr . Ventura seconded . Unanimously carried . Mr . Siemens moved for adoption of Resolution No .1980-18 0 entitled, A RESOLUTION APPROVING AGREEMENT FOR OMBUDSMAN PROGRAM . (The proposed agreement is for $12,710 .00,). Council to as k CSS to develop objectives and evaluation procedures for nex t year's program so that Council can evaluate future fundin g requests on the basis of performance data . Mr . Ventura seconded . Unanimously carried . MEDIATION Mr . Siemens moved for adoption of Resolution No .1980-181 PROCEDURES entitled, RESOLUTION IMPLEMENTING SECTION 24 .40 .030 OF ORDINANC E NO . 1477 BY AUTHORIZING THE MAYOR TO ISSUE SUBPENAS IN BLAN K FOR USE IN MEDIATION AND ARBITRATION HEARING, SUBJECT TO PRIO R WRITTEN APPROVAL BY THE TOWN ATTORNEY . Mr . Ventura seconded . Unanimously carried . MONTHLY Mr . Siemens moved Council accept the monthly Planning Report . PLANNING REPORT Mr . Ventura seconded . Unanimously carried . HANDICAPPE D PARKING - CIVI C CENTER PARKIN G .LO T NEIGHBORHOO D CENTER PARKIN G LO T BURGULAR Y SUPPRESSIO N PROGRAM BAN ON SUNDAY PARKING - N . SANTA CRU Z AVENU E OMBUDSMA N -PROGRAM 422 December 2, 198 0 Los Gatos, Californi a COUNTY Mr . Siemens moved Council accept staff recommendation on th eREFERRALSfollowing: 1224-26-51-80B-80V (R-2)Sheldon Road Heenan Variance to reduce front and side yard to allow remodeling o f existing residence Previous recommendation 8/4/80 No comment ., 1305-30-52-80Z Englewood Avenue Board of Supervisor s Rezone from R-1 :8,000 - cs to R-1 :20,000 - cs Support (Tow nP.C . hearing for change in prezoning from R-1 :8,000 to R-1 :20,00 0 is scheduled for 1/14/81 ) Mr . Ventura seconded . Unanimously carried . BONNIE LANE Letter was received from John and Janis McCormack requestin g REZONING this be postponed to allow for further testimony . Mrs . Rasmussen moved to withdraw the item from tonight's agenda and re-schedule i t for January 5, 1981 . Motion died for lack of second . Jani s McCormack, 16451 Bonnie Lane, spoke on her request for postponement - stating she had not been aware of previous hearings and notice s and she would like Council to review this rezoning proposa l further . Dave Ettinger, spoke for rezoning and presented letters from 3 property owner's who are in favor of the rezoning . Les Kisler, spoke for rezoning and presented 2 additional letter s from property owner's who also favor the rezoning . Mike Hatch, 16433 Peacock Lane, owner of property in the unincorp - orated area stated he sees no need for any change of zoning . Susan Kisler spoke in favor of rezoning . Richard Enrico, stated he had just purchased property in thi s area and agrees with the R-1 :20,000 zoning . Karen Ettinger, spoke for the rezoning and stated notices ha d gone to all property owner's in the area in July and some peopl e never responded until now . There had also been many neighborhoo dmeetings. After further discussion by Council, Mr . Siemens moved fo r adoption of Ordinance No . 1482 entitled, AN ORDINANCE OF TH E TOWN OF LOS GATOS AMENDING THE ZONING ORDINANCE EFFECTING ZON E CHANGE NO . 45 FROM R-1 :8,000 TO R-1 :20,000 . Mr . Ferrito seconded . Unanimously carried . ZONING Mr . Siemens moved for adoption of Ordinance No . 1483 entitled ,AMENDMENT -ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONING ORDINANC ECARETAKERSCONCERNING ADDITIONAL DWELLINGS AND CARETAKERS QUARTERS IN TH EUNITSHR ZONE . Mr . Ventura seconded . Unanimously carried . NOVEMBER Mr . Siemens moved for approval of November payroll in the amoun tPAYROLL AND of $250,099 .67 and the November warrant demands in the amount o fWARRANT DEMANDS $450,501 .37 . Mr . Ventura seconded . Unanimously carried . CAMINO DEL SOL Mrs . Rasmussen moved. to accept staff recommendation and approv eCUL-DE-SAC the concept plan and direct staff to prepare final plans an d specifications for the project . Mr . Siemens seconded . Unanimousl ycarried. BROADWAY Mrs . Rasmussen moved Council accept"staff recommendation an dEXTENSIONadopt Resolution No . 1980-182 entitled, A RESOLUTION AMENDIN GASSESSMENTRESOLUTION NO . 1980-120 ENTITLED, "A RESOLUTION OF INTENTION T ODISTRICTACQUIRE AND CONSTRUCT IMPROVEMENTS". Mr . Siemens seconded . Unanimously carried . Mrs . Rasmussen moved for adoption of Resolution No . 1980-18 3 entitled, A RESOLUTION OF PRELIMINARY APPROVAL OF ENGINEER'S REPORT . Mr . Siemens seconded . Unanimously carried . Mrs . Rasmussen moved for adoption of Resolution No . 1980-18 4 entitled, A RESOLUTION APPOINTING TIME AND PLACE OF HEARIN G PROTESTS IN RELATION TO PROPOSED ACQUISITIONS AND IMPROVEMENTS . Mr . Siemens seconded . Unanimously carried .- 4 - 42 3 December 2, 198 0 Los Gatos, Californi a BROADWAY Mrs . Rasmussen moved for adoption of Resolution No . 1980-18 5 EXTENSION entitled, A RESOLUTION CALLING FOR SEALED PROPOSALS AND FIXIN G ASSESSMENT LIQUIDATED DAMAGES FOR FAILURE TO COMPLETE THE WORK WITHIN TIM E DISTRICT SPECIFIED . Mr.. Siemens seconded . Unanimously carried . (CONTINUED ) LGPO RESERVE Mr . Hays, Town Attorney, spoke to Council on the proposed Urgenc y OFFICER PLAN Ordinance re Granting Peace Officers Powers to certain Reserv e Officers, stating this has come about because on January 1, 1981 , AB 3217 becomes law .The new legislation will increase th e training requirements for Level 1 Reserves and the law als o prohibits a Reserve Officer from performing Level 1 duties i f not so appointed before January 1, 1981 . This legislation wil l have a dramatic impact on the Town's Reserve Force, especiall y on the way the Town now deploys them in the Operations Division , as reported by Chief Johnson . Mr . Siemens moved reading b e waived for AN URGENCY ORDINANCE OF THE TOWN OF LOS GATOS GRANTIN G PEACE OFFICER POWER TO CERTAIN LOS GATOS POLICE RESERVE OFFICERS . Mrs . Rasmussen seconded . Unanimously carried . Clerk rea d title . Mr . Siemens moved for adoption of Ordinance No . 148 4 entitled, AN URGENCY ORDINANCE OF THE TOWN OF LOS GATOS GRANTIN G PEACE OFFICER POWER TO CERTAIN LOS GATOS POLICE RESERVE OFFICERS . Mrs . Rasmussen seconded . Unanimously carried . MEDIATION Discussion was held as to funding of the program by an additiona l ARBITRATION regulatory fee being collected in conjunction with the busines s PROGRAM FUNDING licenses and as fees will not be collected until some time i n January, 1981, a funding transfer would be necessary to cove r costs incurred by the program . Mr . Siemens moved fund transfe r be approved in the amount of $6,500 .00 and General Fund to b e fully reimbursed as monies come in . Mr . Ferrito seconded . Motion carried . Mrs . Rasmussen voting no and Mr . Ventura abstaine d from voting due to conflict of interest code . MEDIATOR Mr . Hays, Town Attorney, stated the contract with mediators ha d CONTRACT been approved at a previous meeting but now the mediators reques t the contract be amended to add a "Hold Harmless" clause . Mr . Siemens moved Council accept staff recommendation ana amend th e contract . Mrs . Rasmussen seconded . Unanimously carried . e,cit.LPGLao-k.)3z¢c ~~c,~[~C.e~nc 6Le / /9~~~~r e~x.~C r~~ ADJOURN Mrs . Rasmussen moved meeting be adjourned at 10 :45 p .m . Mr . Ventura seconded . Unanimously carried . Town Clerk &e.,e7 Rose E ..Aldag Mrs . Rasmussen moved for adoption of Resolution No . 1980-18 6 entitled, A RESOLUTION DESCRIBING PROPOSED BOUNDARIES O F ASSESSMENT DISTRICT, DIRECTING FILING OF BOUNDARY MAP AN D ASSESSMENT DIAGRAM AND THE RECORDATION OF NOTICE OF ASSESSMENT . Mr . Siemens seconded . Unanimously carried .