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M 12-15-1980424 December 15, 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 :35 p .m ., in regular session . ROLL CALL PRESENT : MarLyn J . Rasmussen, Peter W . Siemens, Brent N . Ventura and Mayor Thomas J . Ferrito . ABSENT : Ruth Canno n PT,F,DGE O F ALLEGIANCE Given by all in attendance . MINUTES Mrs . Rasmussen referred to minutes of December 2, 1980, askin g for clarification of action taken re the Mediation/Arbitratio n Program Funding . Manager stated his report on the short fal l mentioned would be discussed in 1981-82 budget . Mayor state d the only action taken was on the transfer of funds in th e amount as stated in minutes . Mr . Ventura referred to December 2, 1980, minutes, subject - MEDIATOR CONTRACT - to read, "Mr . Ventura abstained from voting". Mayor Ferrito referred to December 1, 1980, minutes - page 4 , subject - EIR APPEAL - Mayor stated there were three appellant s and minutes should reflect, "Appeals were denied", this shoul d also reflect in the December 2, 1980, minutes under this subject . Mr . Ventura asked for review of the December 1, 1980, minute s as feels some persons who had given testimony on the Vill a Vasona project were omitted ... Clerk review this request an d found the following names and their statements had bee n inadvertently omitted . Vickie Vansan, 16749 Golf Links Drive , stated she did not wish to get involved with more problems tha t would exist from this project but would agree to a total Senio r Citizen project . Elizabeth Enfantino, stated the Developer s should have come to the people in the area before the projec t was started . She stated this area is having problems wit h storm drainage and low water pressure now, and with mor e development it would be worse . Mr . Van Houten explained tha t an assessment district is in the process of being develope d and this would alleviate the storm drain problem . J . Harrington , 117 Fancher Court, representing the AAUW who are in support o f the project and urges Council to proceed . Bill Winters, 11 4 Calle Estoria, not opposed to low income housing but woul d like it to be in another area where you can afford to protec t yourself . Nancy Avoy, 8 Hollywood Avenue, spoke in suppor t of affordable housing for Seniors, but would not want to liv e where there are no children . Don Skinner,-16812 Potter Court , spoke against anymore growth . Member of the Mid-Peninsul a Coalition Housing, spoke on subsidized housing project i n other cities and how well they were being managed . Alfredo Garcia, Manager of San Tomas Gardens (a subsidized housin g project), spoke on behalf of his development . Kathy Kine, 9 0 Hollywood Avenue, spoke for the project and to open spac e areas, both for the elderly and families . Jane Salta, 156 6 Capri Drive, is concerned that EIR was not required and spok e against rezoning . Mayor Ferrito referred to page 1, of the December 2, 198 0 minutes - subject - VERBAL COMMUNICATIONS - re comments b y Mrs . Enfantino on his and Mr . Siemens campaign platforms . Mayor Ferrito asked that his comments be noted (His respons e was given during discussion of the Villa Vasona zone change). Mr . Siemens referred to December 2, 1980, minutes re introductio n of Amendment to the Zoning Ordinance re VILLA VASONA an d requested minutes to reflect a summary of each Council membe r reasons for their vote on said subject . Mayor Ferrito requested approval of minutes be held until nex t Council meeting and a summary of each Council members comment s on said rezoning be included . - 1 - 42 5 December 15, 198 0 Los Gatos, Californi a MINUTES SUMMARIES AS TO COUNCIL MEMBERS VOTING WERE AS FOLLOWS : (CONTINUED)Mrs . Rasmussen's reason for voting no on rezoning was reflecte d in the December 2, 1980 minutes . Mr . Ventura stated he had moved for the introduction of sai d ordinance and it was a most difficult decision . He had hear d from most of the neighbors . who objected to the project becaus e of traffic impact, density and expression who feels thi s project and residents would be a detriment to their neighbor - hood and referred to stated policies in the Town General Pla n against neighborhood concerns . The Town made a commitment to this sort of project in 1977 when Council first accepte d Federal Funds for landbanking . Mr . Ventura referred to an d read from the General Plan which commits the Town to thi s type of project and concluded the project is as much a Senio r Citizen Housing Project . as . it is a family one . Mr . Siemens voted for said introduction of ordinance as h e feels this is a good project and would not vote for it with - out the Los Gatos residents preference_ clause . The nee d is evident to supply affordable housing to Los Gatos resident s and feels Council has addressed the problems by requiring, i n the Developer agreement, that the Developer get rid of undesirables .. Mr . Ferrito responded to Mrs . Enfantino as to the campaig n statement she referred to stating in that campaign statemen t it stated very clearly hisdesire to provide for affordabl e housing for Senior Citizens and he expected any developmen t which occurred, in the future, in this town would have t o serve the needs of this community . Those needs are the need s Senior Citizen Housing, housing for people of low or moderat e income and housing for the handicapped . Those needs were pu t in the General Plan as Goals and Objectives . He supported th e motion because it is consistent with my campaign platform an d consistent with previous action of other Councils . WRITTEN 1 . Letter from Rey Wheeler,484 Woodland Avenue, stated h e COMMUNICATIONS is concerned by the fact that there is only one entrance / exit to the Mobile Home Park in which he resides and a fire breaking out would seal off this one exit for a number of occupants . Referred to staff for report and a copy of said report be sent to Mr . Wheeler . 2.Letter from Los Angeles Board of Supervisors, referrin g to frightening epidemic of fires and are urging citie s within California to pass local ordinance requiring fir e retardant roofing . Mayor Ferrito referred to staff repor t stating hillside areas of Town are designated as "Fir e Hazard Area" and present regulations require fire retardan t or special purpose roof covering . 3.Letter from Irving Bloom, Los Gatos Crossing Guard , requesting the Council's consideration of a payroll increas e for the crossing guards of Los Gatos . It was consensu s of Council to accept staff report that no action be . take n to change the salary at this time and a copy of the staf f report be mailed to Mr . Bloom . 4.Letter from Carol Conners, Legislative Advocate of the Lo s Gatos-Saratoga Board of Realtors with some suggested change s on the wording of the contract with Jack Sheehan, Develope r for the Villa Vasona project . Referred to Mr . Hays, Town Attorney, to be incorporated into said agreement . 5.Letter from James D . Lewis, 24095 Summit Wood Drive, thankin g Council for giving him the opportunity to address th e Council on his concerns for handicapped accessibility i n the Town . Council referred to staff report from Buildin g Official, Archie Watson, and asked that a copy of sai d report be mailed to Mr . Lewis . 426 December 15, 198 0 Los Gatos, California . WRITTEN 6 Letter from Wayne Moniz, Executive Producer, West Valley COMMUNICATIONS Film & Video, West Valley College, requesting permissio n (CONTINUED) to shoot a two minute sequence in downtown Los Gatos, a t the intersection of Main and University Avenue . Th e filming would occur between 7 :30 a .m . and 8 :30 a .m ., on Sunday, January 25, 1981 . No action taken due to lack o f information as to subject of the film . 7.Request from John Palmer, Health Educations Specialist , of the County of Santa Clara, stating the number on e cause of injury and death to children, five years of ag e and under, is automobile accidents, and are requestin g that Council proclaim the week of January 23rd throug h January 30th, 1981 as CHILD PASSENGER SAFETY WEEK in Lo s Gatos . Mrs . Rasmussen moved request be granted and pro - clamation be prepared . Mr . Ventura seconded . Unanimousl y carried . 8.Letter from Central Coast Counties Corporation, supportin g the Villa Vasona project . Note and file . 9.Letter from Dr . Huescher and Joan Smyth, opposing the Vill a Vasona project . Note and file . Mayor referred to letters he had received from Phili p Trautman, opposing the project and Elizabeth Walsh, supportin g the project . 10.Letter from-Historical Heritage Commission, requestin g Council to adopt the State Historic Building Code, whic h will contribute to the preservation of our Heritage resource s by facilitating their remodeling and restoration . Counci l referred to Building Official, Archie Watson's report whic h states the Los Gatos Town Zoning Ordinance provides fo r designation and listing of historical structures or area sinTown. Council asked for staff report from Mr . Watson r e adoption of the State Historical Building Code and requeste d input from Los Gatos Historic Preservation Society . Thi s report to be made at the convenience of Mr . Wat_aon to allo w time for review . 11.Letters were received from the American Lung Associatio n of Santa Clara and San Benito Counties, Mr . &MIT .Dom Salitto, John Muir Institute for Environmental Studies , Joan Conn and the Ctiizens For a Better Environment, opposin g the aerial spraying for control of the Mediterranean Frui t Fly . Mayor Ferrito referred also to a letter he received . Bonnie K . Parke, PhD ., opposing the spraying and a lette r from Stanford University expressing some concerns abou t the spraying as well . 12.Information from United States Department of Agricultur e about the cooperative Federal-State-County program t o control and eradicate the infestation of the Mediterranea n Fruit Fly in the Santa Clara Valley . Mr . Perry stated h e had talked with Agricultural Representatives and there i s to be a meeting next Monday, the 22nd, with Assemblyma n Thurman who will point out some of the problems with th e potential spraying program . This will be an informationa l meeting and the Department of Agriculture will be back t o the Town in late January or early February with a ne w status report . Mayor Ferrito, requested staff keep Counci l informed of any action re spraying . Council then can place i t on the agenda and take a position . 13.Letter from Attorney Charles E . Luckhardt, Jr ., representin g the car dealers on Los Gatos -Boulevard, requestin g continuance on item VIII-C, re Bike Lanes on Los Gato s Boulevard . (Request for continuance withdrawn). 14.Letter from Kosich Construction Company requesting agend a item VI-B, be continued to January 5, 1981 . Mr . Ventur a moved request be granted .Mrs .Rasmussen seconded . Unanimously carried . 15.Revenue and expenditure report for the month of November , 1980, from the Office of Town Clerk . -3- 42 7 WRITTEN Mr . Ventura referred to letter-received from Joan Kjemtrup o f COMMUNICATIONS 15950 Rochin Terrace, regarding situation on Blossom Hill Road . (CONTINUED)It concerns a pottery sale being conducted and an acciden t occuring there and request that staff respond to he r have been made to improve the traffic situation on Blossom Hil l Road and also have staff investigate the pottery sale . Mr . Bowman reported the pottery sale is in the unincorporate d island and the Town has no control over it . Mr . Van Houte n instructed to correspond with Mrs . Kjemtrup on the traffi c situation . Mrs . Rasmussen referred to Council communication from Bell a & Ida Krauss re rent mediation . Jill Cody, Director o f Community Programs gave verbal report . Loreta Eberhardt , from Information and Referral Service also spoke on this . Roland Rose,16945 Roberts Road, felt mediators did the bes t they could based on information they had . After furthe r discussion, Mrs . Rasmussen moved staff respond to Bella an d Ida Krauss . Mr . Siemens seconded . Carried by vote of thre e ayes . Mr . Ventura abstained . Harry Cohen, from audience, requested Council to investigat e the timing of the signals at Main and Santa Cruz .He feel s the timing now does not allow anyone to cross the stree t safely . Mr . Van Houten was instructed to check this and repor t back to Council at the next meeting . Bruce Bonham,16100 Escobar Avenue, leader for the 4H Wildca t Club in Los Gatos, whose meetings are held in the Downtow n Neighborhood Center . Now the club is hosting a meeting fo r other leaders in the County and would like it to be held a t the Neighborhood Center and are requesting a waiver of th e fees to do this . After further discussion, Mr . Ventura move d fees be waived for said function . Mrs . Rasmussen seconded . Carried by vote of three ayes . Mr . Siemens voting no . LOADING ZONE Mr . Ventura moved for adoption of Resolution No . 1980-187 LOS GATOS BOULEVARD entitled, "LOADING ZONE - LOS GATOS BOULEVARD", which establishe s a loading zone at Moore Buick on Los Gatos Boulevard . Mrs . Rasmussen seconded . Unanimously carried . ENGLEWOOD AVENUE Mr . Ventura moved Council accept staff report on filing o f #1 ANNEXATION Englewood Avenue No . 1 Annexation with LAFCO . Mrs . Rasmusse n seconded . Unanimously carried . ENERGY CONSERVATION Mr . Ventura moved to accept staff report on Energy Conservatio n GOALS AND Goals and Objectives and copy of said report be sent t o OBJECTIVES Planning Commission for review . Mrs . Rasmussen seconded . Unanimously carried . COUNTY REFERRALS Mr . Ventura moved to accept staff recommendations on th e following County referrals : 1305-26-52-SOV Sheldon Road Burgess Variance to reduce rear yard from 12' to 2' for porjected deck . No comment . 1307-26-42-SOB Summit Road Heilig Grading permi t No comment . 1259-34-43-80CC-SOB Soda Springs Road Leeson Single . family dwelling . Mrs . Rasmussen seconded . Unanimously carried . MASTER BICYCLE Mr . Ventura moved to accept staff report on the status o f PLAN implementation of the Master Bicycle Plan which was develope d in 1973 by the Town Bicycle Committee and approved by Counci l in May, 1973 . Mrs . Rasmussen seconded . Unanimously carried . December 15 ;198 0 Los Gatos, Californi a - 428 December 15, 198 0 Los Gatos, California ; LITTER GRANT Mr . Ventura moved for adoption of Resolution No . 1980-18 8 APPLICATION entitled, RESOLUTION OF THE TOWN COUNCIL, TOWN OF LOS GATO S APPROVING THE APPLICATION FOR GRANT FUNDS UNDER THE SOLI D WASTE MANAGEMENT ACT OF 1980, authorizing the Town Manage r to executive said agreements and applications . Mrs . Rasmussen seconded . Unanimously carried . REZONING 612 Mr . Ventura moved for adoption of Ordinance No . 1485 entitled , W . PARR AVENUE AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONIN G ORDINANCE EFFECTING ZONE CHANGE NO . 46 FROM RM :5-12 AN "0 " TO RM :5-12-PD . Mr . Ferrito seconded . Carried by vote o f three ayes . Mrs . Rasmussen voting no . APPEAL -Mayor Ferrito stated this was the time and place duly note d KOTWICKI 4LOT for the continued hearing on the appeal of Planning Commission's SUBDIVISION denial of a 4-lot subdivision at 16246 Burton Road . Mr . Frank BURTON ROAD T . Lewis, representing Mr .Kotwicki, spoke for the appeal . Bob Huckell and Planning Chairman, Richard Gaines, also spok e on this issue . Mrs . Rasmussen moved hearing be closed . Mr . Siemens seconded . Unanimously carried . Mrs . Rasmussen move d for adoption of Resolution No . 1980-189 entitled, A RESOLUTIO N REVERSING A DECISION OF THE TOWN PLANNING COMMISSION . (Thi s grants the appeal on the basis that the Planning Commissio n erred in not finding it consistent with the General Plan . Thi s motion also includes the conditions as set forth by the Plan - ning Commission). Mr . Siemens seconded . Carried by vote o f three ayes . Mr . Ventura abstained . KOSICH - ZONE This matter was continued to January 5th, 1981, as requeste d CHANGE 15347 under communications . NATIONAL AVENU E 1979 UNIFORM Mayor Ferrito stated this was the time and place duly note d BUILDING CODES for the continued hearing for the consideration of _adoptio n by reference, with modifications of the 1979 Editions of th e Uniform Building Code, Uniform Building Code Standards , Uniform Mechanical Code, Uniform Housing Code, Uniform Cod e for the Abatement of Dangerous Buildings, Uniform Plumbin g Code and 1981 Edition of National Electrical Code . Ther e being no in the audience wishing to speak on this issue, Mrs . Rasmussen moved hearing be closed . Mr . Siemens seconded . Unanimously carried . Mrs . Rasmussen moved reading be waive d for ORDINANCE OF TIIE TOWN OF LOS GATOS ADOPTING BY REFERENC E WITH MODIFICATIONS, OF 1979 EDITIONS OF UNIFORM BUILDING CODE , UNIFORM BUILDING CODE STANDARDS, UNIFORM MECHANICAL CODE , UNIFORM HOUSING CODE, UNIFORM CODE FOR THE ABATEMENT O F DANGEROUS BUILDINGS, UNIFORM PLUMBING CODE, AND 1981 EDITIO N OF THE NATIONAL ELECTRICAL CODE . Mr . Siemens seconded . Unanimously carried . Mrs . Rasmussen moved ordinance be introduced . Mr . Siemens seconded . Unanimously carried . RECESS Mayor declared a five minute recess . Meeting reconvened a t 9 :20 p .m . MEDITERRANEAN As announced earlier in the meeting, this will be taken up a t FRUIT FLY a later date awaiting report from the Department of Agriculture . TOWN ATTORNEY Manager Richard Perry, reviewed report form the firm of Hughes , POSITION Heiss & Associates, Inc . on their survey of alternatives fo r providing legal services to the Town of Los Gatos and thei r recommendations . Town Attorney, Walter Hays, spoke on hi s report re part-time vs . full-time legal services .-.He stated h e does feel the Town needs more services than just one-half da y per week and suggested that the Town continue contract wit h him on a one day per week basis and the hiring of a well traine d secretary paralegal to work part-time as needed . Mr . Ventur a moved in view of findings of the Hughes, Heiss report that wor k load in Los Gatos is not substantial to fill our full tim e -5 - December 15, 198 0 Los Gatos, Californi a TOWN ATTORNEY Attorney staff time and feels the Towns option is to stay wit h POSITION the part-time Attorney . Mr . Siemens seconded . Mayor Ferrit o (CONTINUED)restated the motion asking if maker of the motion meant t o continue with the part-time Counsel and to negoitiate with Mr . Hays, based on his report . Mr . Ventura stated yes and Mr . Siemens seconded . Motion carried by vote of three ayes . Mrs . Rasmussen voting no . LOS GATOS Mr . Luckhardt, Jr ., Attorney representing the local car dealer s BOULEVARD - BIKE on Los Gatos Boulevard, stated the car dealers wished to retai n LANES 242-SS the parking along Los Gatos Boulevard . Street parking is ver y important to car dealers and asked Council to consider al l aspects before deleting said parking .-Discussion was held o n Director of Public Works report listing the different alternate s and the feasibility of them . After further discussion, it wa s consensus of Council to use the inside south bound lane o f Los Gatos Boulevard from Blossom Hill Road to Roberts Road fo r parking and the bike lane . This . will require restriping . Mayor asked Mr . Luckhardt if his clients would be willing t o reimburse the Town for the expense of this restriping i f Council changes the plans on a trial basis and it does no t work .Mr .Luckhardt stated he could not speak for his client s until he had talked with them . After speaking with hi s clients, Mr . Luckhardt stated his clients from West Valle y Dodge, Chrysler and Baker Chevrolet would reimburse the Tow n up to $2,000 .00 provided they were notified of any change s and have the . opportunity to give imput . Council then directe d staff to make revisions of the plans and bring them back t o council at the January 5th, 1981, meeting and Mr . Luckhard t be notified of the meeting . LOS GATOS CREEK Mr . Van Houten made slide presentation of the proposed Lo s ROUTE 243-SS Gatos Creek Bike Route . Mr . Don Hebard, Chairman . of Campbel l Trails Committee, stated he was there to urge Council to mov e on the Los Gatos Creek Bike Route . Adu Bagley, Chairman o f the Los Gatos Trails Committee, spoke in favor of the propose d trail . After further discussion, Mr . Ventura moved Counci l make a negative declaration . Mr . Siemens seconded . Unanimousl y carried . Mr . Ventura moved for adoption of Resolution No . 1980-190 entitled, RESOLUTION OF THE TOWN COUNCIL OF THE TOW N OF LOS GATOS APPROVING PLANS AND SPECIFICATIONS FOR TH E INSTALLATION OF BICYCLE ROUTE FACILITIES ON THE LOS GATOS ' CREEK (PROJECT 243-SS), AND DIRECTING THE TOWN CLERK T O ADVERTISE FOR BIDS . Mr . Siemens seconded . Carried by vote o f three ayes . Mrs . Rasmussen voting no . 1981-82 BIKE It was consensus of Council that staff be directed to advis e PROJECT the County Transportation Agency that the Town does no t propose any T .D .A . Bike/Pedestrian Fund Construction in 1981-82 . TRANSIT ASSIST Mr . Ventura moved Council authorize the purchase of a secon d VEHICLE PURCHASE vehicle for the Transit program and approve plans an d specifications and authorize the call for bids . Mrs . Rasmusse n seconded . Carried by three ayes, Mr . Siemens voting no . IMPLEMENTATION Jill Cody, Director of Community Programs, presented Counci l OF BELOW MARKET with report on implementation of the Below Market Rate Programs . PRICE PROGRAM Stuart Rich, representative of the Community Housing Developmen t spoke on basic function of the Committee .. After furthe r discussion, Mr . Ventura moved for adoption of Resolution No . 1980-191 entitled, TOWN COUNCIL RESOLUTION SPECIFYING RULES , PROCEDURES AND CRITERIA FOR THE TOWN'S BELOW MARKET PRIC E PROGRAM . Mr . Ferrito seconded . Unanimously carried . Mr . Ventura moved for adoption of Resolution No . 1980-19 2 entitled, A RESOLUTION APPROVING CONTRACT WITH COMMUNIT Y HOUSING, and Mayor is authorized to execute said contract . Mrs . Rasmussen seconded . Unanimously carried . -'6 - 430 December 15,198 0 Los Gatos, Californi a IMPLEMENTATION OF Mr . Siemens moved to accept staff recommendation and appoin t BELOW MARKET a CSDC . Representative, Planning Director, Director o f PROGRAM PRICE Community Programs and Town Manager to the BMP Advisory Board . (CONTINUED Mrs . Rasmussen seconded . Unanimously carried . SUNDAY DOWNTOWN Captain Schuster, presented report to Council stating he ha d PARKING BAN met with the merchants and there were a majority who felt a need did exist for continuation of the parking ban to contro l the cruising element . The report took into consideration the signing of the area . It was consensus of Council to accep t report and asked that copy of letter being circulated by th e Chamber of Commerce be furnished to the Council . OTHER BUSINESS Mrs . Rasmussen spoke on concerns as to what is happening t o the Berry School playground equipment . Mr . Bowman to notify school of Council's concerns and also presented Council wit h copy of lease covering the premises located at 14855 Oka Road . Mr . Siemens spoke as to non compliance of the Smoking Ordinanc e in some restaurants and requested some notification of same . After further discussion, it was consensus of Council to hav e staff prepare a letter informing the various restaurants the y should conform and that there will be an inspection o n February 1,1981 .This letter is to be mailed to variou s restaurants along with their business license renewals . Mr . Ventura referred to car theft at the Margolis Law fir m and asked for staff . investigation on. this . Mayor Ferrito stated he would like to commend Richard Perr y and Mr . Hughes of Hughes, Heiss and Associates on excellen t job they have done for the Town . Mr . Siemens moved fo r adoption of Resolution No . 1980-193 entitled, A RESOLUTIO N COMMENDING HUGHES, HEISS & ASSOCIATES . Mr . Ventura seconded . Unanimously carried . d`s,/9,f/. Mr . Ventura moved to authorize staff to prepare a join t powers agreement with the Mid-Peninsula Open Space Distric t and obtain an appraisal of said property . Mr . Siemen s seconded . Unanimously carried . Mayor Ferrito referred to preparation of contract for Mr . Hays, Attorney and asked that the contract be prepared as pe r Mr . Hay's suggestions and bring back to Council for review . Mr . Siemens moved meeting be adjourned at 12 :05 a .m ., Tuesday , December 16,1980 .Mr . Ventura seconded . Unanimously carried . ATTEST : de/7-, Rose E . Alda g Town Cler k COMMENDATIO N NOVITIAT E PROPERT Y ACQUISITION ATTORNEY'S CONTRAC T ADJOURNtviE,NT