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M 02-04-198027 5 February 4, 198 0 Los Gatos, Californi a TOE'i COUNCIL The Town Council of the Town of Los Gatos met in the Counci l Chambers of the Town Hall at 8 .40 p .m .,in regular session . ROLL CALL PRESENT : Ruth Cannon, Thomas J . Ferrito,::Nardi Gualtieri , Peter W . Siemens and Mayor John B . Lochner . ABSENT None . PLEDGE O F ALLEGIANCE Given by all in attendanc e :tINUTES Mr . Ferrito moved minutes of January 21, 1980 be approved a s submitted . Mrs . Gualtieri seconded . Unanimously carried . COWUNICATIONS 1 . Lotter from Leonard and Eva Roberts, 16726 Shannon Road , requesting permission to move a small mobile home onto thei r lot at 16726 Shannon Road to live in while their home i s under construction .Mr . Ferrito moved to accept staf f recommendation to allow Mr . & Mrs . Roberts to live in a mobile home on their property subject to the mobile home being connected to the sewer or to the existing septic tan k if the sewer is not available in time and electrical an d plumbing permits be obtained for required temporary utilities . (This permission granted based on the unusual circumstance s and tree fact that tine annexation require :p ent was imposed on the Roberts by tie To,rn 's action . hh :rs . Cannon seconded . Unanimously carried . 2.Letter from iormau goods, 'ayor of City of Sout ._i Lake Tanoe , re tine To.an of Los g ates adoptin : a position to suppor t formation of a National Recreation at Laze Tahoe .Ix . Woods stated their City Council has not had a cuance to b e heard on this issue and urging the Los Gatos Council member s to reconsider their action .It was consensus of Counci l that they stand on their decision . 3.Letter from Lorraine D .;:Loge, re her appointment as studen t representative subject to her being a resident of the Tow n and asking Council to waive the resident requirement . (Later agenda item). 4.Letter from Gordon G . Martin, member of the rent contro l committee, suggesting that before the six month rent contro l evaluation comes about, the Council should have all rental units registered with the Town so that Council would hav e all the statistics which would provide Council with factua l information and reliable data base relative to the Town's rental housing market . 'After further discussion, !qr .Ferrit o moved rent relief committee be reactivated and direct ren t relief committee to generate a questionnaire to circulat e to apartment owner's association to develo p data, Counci l could need to assist in their determination later on . Mrs . Gualtieri seconder . Unanimously carried . Mr . Martin state d in order to carry out these instructions the committee woul d need some bind of small budget for stamps and miscellaneou s expenses .It was consensus of Council there would be n o allowance for expenses at this time . 5.Letter from Nelle Halley, President, Senior Coordinatin g Council of Los Gatos, requesting that there always be a Transit Advisor in . the Neighborhood Center .It was consensu s of Council they could not say there would always be a Transit advisor there, but for the time being there is one . 6.Letter from Nelle Hanley, President, Senior Coordinating Council of Los Gatos, requesting the waiving of the rent for office space in the new Neignfoorhood center for th e Senior Coordinatir Council .After some discussion, Mrs . Gualtieri moved to deny the request . Mr . Siemens seconded . Unanimously carried . 7, Letter from Gabriel Ann Ferris, 407 University Ave ., requesting Council to extend the rent freeze through 1980 . No actio n taken . 8 . Letter from Daniel Cruz, President of Pacific West Track Club , requesting Council's permission for the club to conduet th e Los Gatos Vasona Road Race in Los Gatos, on February 24,1980 . 276 Feuruary 4 .198 0 Los Gatos, Californi a COMVIUNICi1TI0ivS Mrs . Gualtieri moved request u .:G ranted subject to staf f (CONTINUED)approval . Mrs . Cannon seconded .Unanimously earried . 9.Letter from Inter City Council, re creating a subcommitte e on Jobs/Housing Task Force and asking Council to appoint a representative . Mayor Lochner stated Mrs .Cannon ha d volunteered so see would be the representative for the Town . Mrs . Gualtieri volunteered to act as alternate . 10.Town Treasurer's monthly report for December, 1979 . VERBAL Arch Young, of Arch and Eve hair Stylists, 50 ia .Santa Cru z COM UNICATI0 S Avenue, requested a parking permit, as he provides free trans- portation to senior citizens in Town and has received to many parking tickets . After discussion, Mrs . Gualtieri moved Counci l authorize Attorney to draft an amendment to the Torn .Ordinanc e re Parking and bring back to Council in one month . Mfrs . Cannon seconded .Unanimously carried . George Stoddard, from audience, spoke on shortage of renta l units in Los Gatos . Mary Alice 'nice,stated she would be happ y to serve on the rent relief committee and work with hr . Miarti n in gathering data on rental units . Mzr . David Clapp, 16680 Littlefield Lane, stated he wished t o bring to Council's attention the notice in the newspaper re a house in Campbell which would be given to any one free,if th e person would move it and Mr . Clapp recommended that possibly th e Town could move it onto the Town owned lot at Nicholson an d wilder . After further discussion, Mrs . Cannon moved this matte r be sent to Community Service and Development Coiunission fo r study . Mrs . Gualtieri moved for amendment to motion to includ e that the Manager pursue this with the Developer and find out th e time schedule . Mfrs . Cannon accepted the amendment . Mr . Ferrit o seconded . Unanimously carried . Sue LaForge,Executive Manager of the Chamber of 'Comm rte, state d she was at the meeting representing the Chamber of Commerce . Egon Jensen, 182 Lester Lane, spoke to Council re problems -wit h unleashed dogs in the parks . Hatter referred to Park Commissio n for review . Mayor Lochner referred to letter from Robert Cowan, on behal f of the Almond Grove Neighborhood Association, inquiring as t o the expansion of a non-conforming use of a proposed Irish Pu b at 208 Bachman Ave . After further discussion, Mr . Siemens moved this matter be referred to staff for report at the next Council meeting . Mr . Ferrito seconded . Unanimously carried . WEED ABATEMENT Mrs .Gualtieri moved for adoption of Resolution No .1980-2 0 entitled, A RESOLUTION DECLARING WEEDS A PUBLIC NUISANCE AN D PROVIDING FOR THEIR :BATE ENT . (Hearing set for March 3,1980). Mrs . Cannon seconded . Unanimously carried . ALTA VISTA Hrs . Gualtieri moved to accept staff report concerning th e SUBDIVISION status of the methods used to prevent through traffic throug h the Alta Vista Subdivision (the developer is installing barricade s using steel posts and chainlink fencing). Mrs . Cannon seconded . Unanimously carried . PLANNING MONTHLY Mrs . Gualtieri moved to accept staff report of the Februar y REPORT status of Planning Commission matters . Mrs . Cannon seconded . Unanimously carried . AUDITORS Mrs . Gualtieri moved to accept staff recommendation and retai n Arthur Young & Company as auditors for the fiscal year 1979--80 . (Total fee for said audit will not exceed S6,900). Mrs . Canno n seconded . Unanimously carried . BILLY JONES Mrs . Gualtieri moved for the adoption of Resolution No . 1980--2 1 RAILROAD .entitled, A RESOLUTION AUTHORIZING ADDENDUM TO LICENSE AGREEMEN T AGREEMENT and authorize the Mayor to execute said agreement on behalf o f the Town .Mrs .Cannon seconded . Unanimously carried . -2 - PAYROLL AN D WARRANT DEMAND S VACATION O F STORM DRAI N EASEMENT - TRAC T 589 6 ZONE CHANG E 15951 LOS GATO S BOULEVARD ZONING AIv NDgEEN T STOC K COOPERATIVE S APPEAL - ZONE CHANGE 1500 1 NATIONAL AVENU E APPEAL 44 UNI T CONDO 1702 0 WEDGEWOOD AVENUE 27 7 February 4, 198 0 Los Gatos, Californi a Mrs . Gual Teri moved Council approve January payroll in the amount of ..,1 747 .79 and January warrant demands in the amoun t of $198,021 .97 . Mrs . Cannon seconded . Unanimously carried . Mayor Lochner stated this was the time and place duly publishe d as public hearing on the vacation of storm drain easement withi n tract 5896 and asked if there was anyone in the audience wishin g to speak on this matter . There being no one wishing to speak , Mrs . Cannon moved hearing be closed . Mrs . Gualtieri seconded . Unanimously carried . Mrs . Gualtieri moved for adoption o f Resolution No . 1980-22 entitled, ORDER VACATING A PORTION O F PUBLIC STORM DRAIN EASEMENT WITH TRACT NO . 5896 . Mrs . Canno n seconded . Unanimously carried . Mayor Lochner stated this was the time and place duly publishe d as public hearing to consider Planning Commission's recommend- ation to rezone from CH and R-1 :8,000 to "0" for propert y located at 15951 Los Gatos Boulevard . Mr . William Hedley, arc h itect for the project, stated he was there to answer any questions . There being no one else wishing to speak ; B/Irs . Cannon move d hearing be closed . Mrs . Gualtieri seconded . Unanimously carried . Mrs . Cannon moved reading be waived for AN ORDINANCE OF TH E TOWN OF LOS GATOS .!MENDING THE ZONING ORDINANCE EFFECTING ZON E CHANGE NO . FROM CH AND R-1 :8,000 TO "0". Mr . Siemens seconded . Unanimously carried . Clerk read title . Mrs . Cannon move d ordinance be introduced and also make negative declaration . Mrs . Gualtieri seconded . Unanimously carried . Mayor Lochner stated this was the time and place duly publishe d as public hearing to consider Planning Commission's recommend - ation adding Stock Cooperatives to definition of residentia l condominiums . There being no one wishing to speak on thi s matter, Mr . Ferrito moved hearing be closed . Mr . Siemen s seconded . Unanimously carried . Mr . Ferrito moved reading b e waived for ORDINANCE OF THE TOWN OF LOS GATOS AMENDING ZONIN G ORDINANCE CONCERNING CONDOMINIUMS . Mr . Siemens seconded . Unanimously carried . Clerk read title . Cllr . Ferrito move d ordinance be introduced . Mrs . Cannon seconded . Unanimousl y carried . Mayor Lochner stated this was the time and place duly publishe d as public hearing to consider the appeal of Planning Commission's denial of zone change from R-1 :8,000 to "0" for property locate d at 15001 National Avenue . Mr . Phil Kavanaugh, appellan t requested hearing be continued, as he has another rezonin g application before the Planning Commission now and feels bot h matters could be heard at once . Chuck Webber, 16163 Camino de l Sol, spoke against the zone change and presented the Clerk wit h a petition signed by 34 residents in the area, urging Counci l to deny the application . After further discussion, Mrs . Canno n moved Council continue the hearing of the appeal until afte r Planning Commission has made a decision on the rezoning o f additional 5 lots on National Avenue . Mr . Ferrito seconded . Carried by vote of four ayes, Mayor Lochner voting no . When the hearing is rescheduled, Mr . Webber requested he be notified . Mayor Lochner stated this was the time and place duly publishe d as public hearing to consider the appeal of Planning Commission's approval of application for construction of a 44 unit condom - inium project, 17020 Vledgewood Ave . Mr . Shelley William s spoke on behalf of the appeal . Lawrence Mitchell, Attorney fo r Mr . Lampe spoke against the appeal stating the Council shoul d allow development and deny appeal as presented by Mr . Williams . Speaking against the development was Egon Jensen, George Stoddard . Jo Bartlett stated that possibly that portion of land in quest - ion could be considered open space . After further discussio n and no one else wishing to speak, Mr . Ferrito moved hearing b e closed . Mrs . Cannon seconded . Unanimously carried . Mrs . Cannon moved Council grant the appeal as Planning Commissio n failed to take into consideration the resolution establishin g traffic corridor as adopted by Council . Mrs Gualtieri seconde d - 3 - 8 APPEAL - 44 UNI T CONDO 1702 0 WEDGEWOOD AVENU E (CONTI'WED ) RECESS APPOINaENTS TO COMMISSION S PENDING STAT E LEGISLATIO N APPOINTMENT STUDENT PARK COMMISSIONE R COUNTY REFERRALS February 4, 198 0 Los Gatos, Californi a Motion, failed as Mr . Ferrito, Mr . Siemens and Mayor Lochne r voted no . Mr . Ferrito asked developer about the below marke t price units in the development and if they could all be put out - side the future .right-of-way . Developer stated this could b e done . Mr . Ferrito moved appeal be denied and Planning Commissio n decision be modified by adding condition #15 and all BI'I unit s be outside the future right-of-way that Planning Commissio n erred in not giving sufficient weight to the fact that construc - tionwithin the .future 85 right-of-way would cause the loss o f i of the BIM units in the project, and adopt Resolution No . 1980-23 entitled, A RESOLUTION MODIFYING A DECISION OF THE TOW N PLANNING COMMISSION . Mr . Siemens seconded . Carried by a vot e of four ayes .Mrs .Cannon voting no . Mr . Williams asked abou t procedure for referendum . Attorney stated this was not subjec t to referendum as it was an administrative procedure . Mayor Lochner declare d .a five minute recess . Meeting reconvene d at 10 :30 p .m . Mayor Lochner stated there was one seat vacant on the Cultura l Resources Commission and 2 vacancies on the Community Servic e and Development Commission and applicants had been interviewe d before the meeting . Nominations and voting were held and th e following applicants were appointed ; Edward D . Bellezza to th e Cultural Resources Commission to fill the unexpired term o f Caroline L . Thompson which expires July 1, 1981 . Appointment s to the Community Service and Development Commission were : Russell E . Louthian to serve until January 1, 1982 ; Catherin e Little to serve unitl January 1, 1981 and reappoint Catherin e N . Smith to serve unitl January 1, 1982 . Mrs . Gualtieri move d for adoption of Resolution No . 1980-25 entitled, RESOLUTIO N AMENDING THE MEMBERSHIP MID ORGANIZATION OF COMMUNITY SERVIC E AND DEVELOPMENT COMMISSION . (Change to state that only 1 membe r of the Commission shall reside within the Town's s phere o f influence). Mrs . Cannon seconded . Unanimously carried . Mrs . Gualtieri reported that at the last Transportation Commissio n meeting she received a handbook published by MTC on Regiona l Elderly and Handicapped plan and council members may Ivview this .Mrs . Gualtieri also reported on the workshop that teas „held between Monte Sereno, Saratoga and Los Gatos to discuss Boar d of Supervisors proposed rate increase for bus transportatio n after discussion it was Consensus of Council that fare shoul d be increased to 35 cents . Jill Cody reported on status of the proposed use of Esther Davi s property for landbanking purposes stating Mrs .Davis has agree d to allow an appraisal of the lan d Mr . Siemens moved Council support AB 1791 . Mr . Ferrito seconded . Unanimously carried . Mr . Siemens moved Council accept staff recommendation an d appoint Shannon Shigemoto to the Commission and letter be sen t to Lorraine Hoge re the denial of resident requirement . Mrs . Gualtieri seconded . Unanimoulsy carried . Mr . Ferrito moved Council approve staff recommendations a s follows : 957-25-41-79SP Call of the Wild Road McKee Limite d Time - Mobile home no comment . 160-26-46-78B Bear Creek Road Diblasi Extension o n building site approval no comment . 12S77 .22 Hebard Way Fitch Extension for 2-lo t subdivision no comment . 11S76 .7 Arnerich Road Morris Extension for 9-lo t subdivision no comment . 4 27 9 February 4, 198 0 Los Gatos, Californi a COUNTY REFERRALS 666-32-48-79CC-78B Blackberry Hill Road Bowma n (CONTINUED)Exemption from building moratorium for a single family dwellin g no comment . 12878 .1 Old Santa Cruz Highway Blocher extension fo r 2-lot subdivision no comment . 11377 .9 Shannon Road Emma extension of time and modifi - cation of condition of approval request County to deny th e requested time extension and modification . Mrs . Cannon seconded . Unanimously carried . HILLSIDE Counci l ,accepted report on hillside densities as presented fro m DEVELOPMENT the Planning Director . HANDICAPPED ACCESS Mrs . Gualtieri moved Council accept staff recommendation an d TO CIVIC CENTER direct the Architect to proceed with the design developmen t phase and submission of the project for architecture and sit e review by the Planning Commission . (This is selecting the ram p system over the wheelchair lift system). Mr . Siemens seconded . Unanimously carried . REZONING 750-770 Mrs . Cannon moved for adoption of Ordinance No .1456 entitled , POLLARD ROAD AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONIN G ORDINANCE EFFECTING ZONE CHANGE NO . 35 FROM R-1 :8,000 TO RM : 5-12 . Mrs . Gualtieri seconded . Unanimously carried . HILLSIDE Mrs . Cannon moved for adoption of Resolution No .1980-24 entitled , DEVELOPMENT RESOLUTION ADOPTING STANDARDS FOR THE REVIEW OF ARCHITECTURE STANDARDS AND SITE APPLICATIONS IN THE LOS GATOS HILLSIDE AREAS . Mrs . Gualtieri seconded . Unanimously carried . HCD CITIZENS Jill Cody, Director of Community Programs stated Paulette R . ADVISORY COIvMITTEE Anderson had resigned as Town's representative on the County's VACANCY HCD Citizen's Advisory Committee . Mir . Ferrito moved to accep t resignation with regret . Mir . Lochner seconded . Unanimously carried . Mrs . Gualtieri moved to use same procedure as befor e in selection of new appointee, having Mr . Ferrito revie w applications and make recommendation to Council . Mr . Lochner seconded . Unanimously carried . LITIGATE HIRSCH Mr . Ferrito moved Council authorize the Town Attorney t o 125 ',,7IEELER AVEdE initiate civil action . Mrs . Gualtieri seconded . Unanimousl y (BUILDING carried , VIOLATION ) OPERATION HOURS Mrs . Gualtieri moved Council accept staff recommendations o n LOS GATOS PARK operating hours for the Los Gatos Park System as follows : SYSTEM Mrs . Cannon seconded . Unanimously carried . Blossom Hill Park 7 ann . - 10 ;.p .m . 7 a .m . -9 p .m . Maywl5 . -- Oct .:15 ^l 5 Oct . 16- May 1 4 Tennis Court Hours 7 :30 a .m .- 10 p .m .May 15 - Oct . 1 5 7 :30 a .m . -9 p .m .Oct . 16 - May 1 4 Oak Meadow Par k Belgatos Par k Bachman Par k La Rinconada Par k Howes Playlo t Oak Hill Tot Lot 7 a .m . - Dark 8 a .m .Dar k 7 a .m . - Dar k 7 a .m . - Dar k 7 a .m . - Dar k 7 a .m . - Dar k 7 a .m . - Dark Walk-in Parking Lot LA RINCOULDA PARK Mrs .Robert Bryant, Park Superintendent, stated the Par k SITE Commission has worked . with residents with the Park service are a to insure the community needs were considered and met . Mr . Bryant explained the proposed amenities . Mrs . Gualtieri move d Council approve site plans as proposed . Mrs . Cannon seconded . Unanimously carried . -5 280 February 4, 196 0 Los Gatos, Californi a UNDERGROUND i:irs . Cannon moved for tale adotpion of Ordinance No . 1457 entitled ,UTILITY DISTRICT AN ORDINANCE OF THE TOWN OF LOS GATOS ESTABLISHING UNDERGROUN D1979-1 PROJECT UTILITY DISTRICT NO . 1979-1, PROJECT NO . 236-UU, IN THE CIVI C236-UU CENTER AREA . Mrs . Gualtieri seconded . Unanimously carried . Council instructed Mr . Warnick, Director of Public Works, t o investigate the possibility of including the undergrounuing o f utilities on the 2 poles at the end of High School Court . MID-YEAR Mrs . Cannon moved Council accept staff mid-year financial report .FINANCIAL Nrs . Gualtieri seconded . Unanimously carried .REPORT CLOSING OF Mr . Ferrito moved Council send a letter to school opposing th eMIRASSOUsudden closure of said school and ask them for reconsideration .SCHOOL Mr . Siemens sec tided . Unanimously carried . ADJOURN Mayor Lochner declared the meeting adjourned at 11 :35 p .m . ATTEST : 6