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M 02-19-1980281 . February 19, 198 0 Los Gatos, Californi a TOWN COUNCIL The Town Council of the Town of Los Gatos met in the Council Chamber s of the Town Hall at 7 :45 p .m ., in regular session . ROLL CALL PRESENT : Ruth Cannon, Thomas J . Ferrito, Mardi Gualtieri, Peter W . Siemens and Mayor John B . Lochner ABSENT : None PLEDGE O F ALLEGIANCE Given by all in attendance . MINUTES Mrs . Gualtieri moved minutes of February 4, 1980,be approved as submitted . Mrs . Cannon seconded . Unanimously carried . COMMUNICATIONS 1 . Letter from George Stoddard, 15901 Blossom Hill Road, disagreein g with Council's indecision on . matters at last Council meeting an d his reason for filing for nomination to the Town Council, bu t has been informed he . is not eligible as he was not registere d voter at the time he filed . 2.Letter from Councilwoman Mardi Gualtieri stating her reasons fo r her vote at the February 4, 1980 meeting on the subject of "Th e appeal from the Planning Commission's approval of application s for the construction of a 44 unit condominium at 17020 Wedge - wood Ave . 3.Letter from Joan Bergsund, Mayor of the City of Tiburon, r e Court decision on Agins Vs . City of Tiburon and asking fo r financial support from cities and counties re this litigation . Mrs . Gualtieri moved Council ask Attorney to investigate as t o money that is being looked for and report back to Council in 2 weeks . Mr . Siemens seconded . Unanimously carried . Mr . Ferrit o moved that Council, at this time, approve Attorney's request fo r Amiens participation in Agins vs . City of Tiburon . (This is ite m IX-B on the agenda). Mrs . Cannon seconded . Unanimously carried . 4.Letter from Stephen L . Millich, Attorney requesting the Town t o authorize Town Attorney Hill to appear and argue at the ora l arguments in San Francisco - Court of Appeal - re Court Consol - idation in the event Mr . Millich is unable to do so . Mr . Siemens moved request be granted . Mr . Ferrito seconded . Unanimousl y carried . 5.Letter from Marie Royce, commenting on the adoption of Smokin g Ordinance and questioned whether the Noodle Palace, Ednaray , Samba's and Magoo's are complying with the Ordinance . Mr . Ferrit o moved the four restaurants be notified that they are to compl y and have staff to followup and report-back .Mrs .Gualtier i seconded . (Further vote held until Attorney reviewed th e Ordinance later in the meeting .) 6.Letter from Dr . Norbert Gingold, 487 Wraight Ave ., complainin g of the non-enforcement of the Smoking Ordinance . 7.Summons from Attorney Anthony M . D'Anna, filed on behalf o f Raymond Cordero . Mr . Siemens moved this be referred to Attorne y for necessary action . Mrs . Gualtieri seconded . Unanimousl y carried . 8.Claim for damages for personal injuries filed by Attorney Gassett , Perry and Frank on behalf of Mike W . Zittle . Mrs . Gualtier i moved claim be denied . Mr . Siemens seconded . Unanimousl y carried . 9.Letter from Northern California Savings and Loan requestin g Council permission to allow them to celebrate their grand openin g on March 7th by having a chicken barbecue, This event would b e held in the parking lot of Jolly Market directly across th e street from the new office of Northern California Savings . Northern California Savings will pay for all costs of this event . Proceeds from the event to go to the Jaycees project . Mrs . Cannon moved request be granted . Mr . Siemens seconded . Unanimously carried . 10.Letter from Chamber of Commerce requesting permission to hol d their spring promotion sidewalk sales on March 28 and 29, 1980 , and designating areas to be used .Mr s . Gualtieri moved permis - sion be granted . Mrs . Cannon seconded . Unanimously carried . 11.Letter from ASSIST requesting the waiving of the rent for offic e space in the Neighborhood Center for the ASSIST Program . Jil l - 1 - 282 February 19, 198 0 Los Gatos, Californi a COMMUNICATIONS 11 . Cody explained to Council the approximate cost of this request . (CONTINUED)Mrs . Cannon stated a policy should be set that Council eithe r charges or does not charge and it is consensus of Council tha t rents are necessary to share maintenance of the new building . Mrs . Gualtieri moved that ASSIST be notified that Town wil l continue to provide them with the one desk in the new Cente r but if balance of the .ASSIST office moved into building ren t will be charged . Mrs . Cannon seconded . Unanimously carried . 12.Notice from Pacific Gas and Electric Company re applicatio n requesting authorization to revise its gas service tarif f effective February 17, 1980 . 13.Letter from Paula Sklan, Vice President of Western Banya n Corporation reporting on the proposals made by the Propert y Owner's of Los Gatos on the gathering of data for rent contro l review . 14.Letter from Thelma Andriese, re hazardous bicycle and traffi c situation on Winchester, Davos Avenue and Farley Road an d requesting staff to assess the situation . Mr . Ferrito move d matter be referred to staff with report back to Council at th e next meeting . Mr . Siemens moved motion be amended so repor t would include the study of the area at Van Meter School on Lo s Gatos Boulevard . Mr . Ferrito accepted amendment . Mr . Siemens seconded . Unanimously carried . 15.Letter from O .L . Johns, referring to three different building s that should be reviewed for possible building code violations . Mrs .Gualtieri moved this matter be referred to staff fo r further study . Mr . Ferrito seconded . Unanimously carried . 16.Revenue and Expenditure report for the month of January, 1980 , from office of Town Clerk . 17.Treasurer's monthly report for January, 1980 . VERBA L COMMUNICATIONS Tom Boyce, recent owner of property at 134 Wilder Avenue, wishes t o repair and preserve this home but because of a Historic Designatio n Zoning Overlay proposal in the Almond Grove District, he is unabl e to get necessary permits to bring this building up to code standar d and is asking Council to direct Planning Commission or"prope r officials to issue necessary permits . Mr . Carl Bumpass, architect , also spoke on this subject, Planning Director, Lee Bowman, referre d to section of the Town Zoning Ordinance which reflects th e procedures re Historic Designation . Mr . Ferrito stated Council ha d previously requested Planning to hold hearings and report back t o Council on March 3rd with recommendation . Mr . Bowman stated Plan - ning Commission has not held all hearings on this matter . Afte r further discussion, Mrs . Gualtieri moved Council set hearing fo r the Historic Designation Zoning Overlay proposal for March 17,1980 . Mr . Siemens seconded . Unanimously carried . Paula Sklan, from audience,reported on the Rental Property Owner s of Los Gatos, stating they had started preparation of a question - naire to circulate to rental property owners so they could obtai n data to help Council when the rent relief re-evaluation came bac k before the Council in six months . She also stated she would lik e the Community Service and Development Commission and mediation grou p work together with the landlords . Mrs . Sklan stated she would - report to Council on the progress about once a month . After furthe r discussion, Mrs . Cannon moved this be referred to Community Servic e and Development Commission for study on mediation . Mr . Ferrit o seconded . Mrs . Gualtieri suggested rent relief committee hav e work session with HCD . Mayor stated rent relief committee would b e disbanded :. Mr . Ferrito stated when he seconded the motion, he di d not realize the rental committee,which Council just reactivated las t meeting,was being disbanded . Mrs . Cannon stated that was no t included in the motion . Clerk restated motion "Mrs . Cannon move d this be referred to Community Service and Development Commissio n for study on mediation . Mr . Ferrito seconded . Carried by roll cal l vote of four ayes . Mrs . Gualtieri voted no . Mrs . Clapp, from audience, questioned the Historic Designatio n hearing that had been set previously . 2 28 3 February 19, 198 0 Los Gatos, Californi a VERBAL Ken 127 Mil.lrich, stated he would like to enforce the rul e COMMUNICATIONS of five minute time limit per subject . (CONTINUED ) RESURFACING Mrs . Cannon moved for the adoption of Resolution No . 1980-2 6 AGREEMENT entitled, RESOLUTION AUTHORIZING AGREEMENT BETWEEN CITY OF MONT E SERENO AND TOWN OF LOS GATOS RELATING TO RESURFACING OF STREETS . Mrs . Gualtieri seconded . Unanimously carried . Mrs . Cannon moved for the adoption of Resolution No . 1980-27 entitled, RESOLUTION AUTHORIZING AGREEMENT BETWEEN COUNTY OF SANT A CLARA AND TOWN OF LOS GATOS RELATING TO RESURFACING OF STREETS . Mrs . Gualtieri seconded . Unanimously carried . Mrs . Cannon moved for the adoption of. Resolution No . 1980-2 8 entitled, RESOLUTION AUTHORIZING AGREEMENT BETWEEN THE CITY OF SA N JOSE RELATING TO RESURFACING OF STREETS . Mrs . Gualtieri seconded . Unanimously carried . RESTRIPING Mrs . Cannon moved Council accept staff recommendation on th e MAIN STREET restriping of W . Main Street at N . Santa Cruz Avenue and authoriz e AT N . SANTA Town forces to implement the striping changes . Mrs . Gualtier i CRUZ AVENUE seconded . Unanimously carried . SHANNON ROAD Mrs . Cannon moved Council accept staff recommendation on Shanno n NO . 15 Road No . 15 annexation being submitted to LAFCO . Mrs . Gualtier i ANNEXATION seconded . Unanimously carried . NOTICE OF Mrs . Cannon moved Council approve Notice of Completion and Certifi - COMPT,ETION cote of Acceptance for Tract No .6579 -Thomas C . Lauer, Condominiums , National and DeSoto .Mrs .Gualtieri seconded . Unanimously carried . HUETTIG &Mr . Ferrito moved Council instruct the Town Attorney to procee d SCHROMM .i with litigation . Mrs . Gualtieri seconded . Motion carries by rol l ARBITRATION call vote of four ayes . Mrs . Cannon'voted no . AWARD RESOLUTION OF Mrs . Cannon moved for the adoption of Resolution No . 1980-2 9 COMMENDATION entitled, RESOLUTION COMMENDING GEORGE M . WOLFE . Mrs . Gualtier i seconded . Unanimously carried . DOWNTOWN Mrs . Cannon moved Council accept staff recommendation and establis h NEIGHBORHOOD Sunday, 3 :00 p .m ., March 23, 1980 as the date for the Center's CENTER - GRAND Grand Opening ceremony . Mrs . Gualtieri seconded . Unanimousl y OPENING carried . SIGN REGULATIONS Mayor Lochner stated this was the time and place duly published a s public hearing to consider Planning Commission's recommendatio n concerning sign regulations . There being no one in the audienc e wishing to speak on this matter, Mrs . Gualtieri moved hearing b e closed . Mr . Siemens seconded . Unanimously carried . Mrs . Cannon moved reading be waived for "ORDINANCE OF THE TOWN OF LOS GATO S AMENDING THE ZONING ORDINANCE CONCERING SIGNS". Mr . Siemens seconded . Unanimously carried . Clerk read title . Mrs . Cannon . moved Ordinance be introduced . Mr . Siemens seconded . Unanimousl y carried . CAMINO DEL SOL Mayor Lochner stated this was the time and place duly published a s -_ NO . 3 ANNNEXATION public hearing and anyone wishing to speak may do so at this time . Dr . Beebe 16201 Camino del Sol, stated he objected to the annexation . Town Engineer, Mr . Warnick, asked the Town Clerk if any writte n protests had been received . Town Clerk stated no written protest s had been received . There being no one else wishing to speak on thi s subject, Mr . Siemens moved hearing be closed . Mrs . Cannon seconded . Unanimously carried . After furhter discussion, Mrs . Gualtieri move d for adoption of Resolution No . 1980-30 entitled, A RESOLUTION MAKIN G A FINDING REGARDING THE VALUE OF WRITTEN PROTESTS FILED AND NO T WITHDRAWN AND ORDERING THE ANNEXATION OF CERTAIN UNINHABITE D TERRITORY DESIGNATED AS "CANIINO DEL SOL NO . 3" TO THE TOWN OF LO S GATOS .Mrs .Cannon seconded . Unanimously carried .- 84 February 19, 198 0 Los Gatos, Californi a TAXICAB RATE Mayor Lochner stated this was the time and place duly published a s INCREASE public hearing to consider a taxicab rate increase . There bein g no one in the audience wishing to speak on this subject, Mrs . Cannon moved hearing be closed . Mrs . Gualtieri seconded . Unanimousl y carried . After further discussion re the poor service received b y the taxicabs, Mrs . Gualtieri moved reques t.for increase be denied , Mr . Ferrito seconded . Motion carried by roll call vote of thre e ayes . Mrs . Cannon and Mr . Lochner voted no . Mrs . Gualtieri move d the taxicab companies be informed the reason for denial of increase . IUfr, Ferrito seconded . Mr . Ferrito moved letter be written statin g request was denied because of poor service and Council would b e willing to review in 6 months . Mr . Anderson of Alpha Cab Company spoke on behalf of cab service and stated if increase was denie d then there would be no taxi service in Los Gatos . TRANSPORTATION Mfrs . Gualtieri stated she had attended the Transportation Commission's COMMISSION meeting and they have been working to try and get some funds fo r cities along the Corridor for hardship cases . The commissio n requested Board of Supervisors to write to the Federal Highway Agenc y to ask if they would please free the funds so that some of the mone y could be used for hardship cases . Mayor Lochner stated he had a letter drafted to the West Valley Transportation Corridor as t o Council's action and ask that Council support a motion to refer thi s letter to Department of Transportation with copies to be sent t o legislators and also send copy with letter to the cities in Wes t Valley and County which border the Corridor asking for their suppor t and urging the State to consider this as hardship situation . Mrs . Gualtieri suggested letter to state that it was a split vote an d not unanimous where it says "Town felt it could not deny development". After further discussion it was ordered letter be prepared and sen t as stated . PUBLIC FACILITIES Mr . Ferrito moved Council direct staff to draft Ordinance establishin g ZONE a Public Facilities Zone and have Planning study all school sites . Mr . Siemens seconded . Carried by vote of four ayes . Mr . _Lochner voting no . COUNTY REFERRALS Mrs . Gualtieri referred to Saratoga referral C-196 Quito Road - Zone change from C-N to C-V to allow 24 multi-family units on lan d within Route 85 corridor, stating she would like to refer back t o letter to the Transportation Commission . Nrs . Gualtieri moved tha t Council should change the last paragraph of the letter to say "th e State should take immediate action - that-Caltrans expedite th e completion of this EIS so that allocated funds for the protection o f the corridor can be released by the Federal Highway immediately ." Also a copy of this letter be sent to Saratoga as the Town's commen t to their referral C-196, and accept staff recommendations on othe r referrals . Mrs . Cannon seconded .. Unanimously carried . LOS ROBLES WAY Mayor Lochner stated report should be noted and filed . REZONING C .B . HANNEGANS Mr . Bowman informed Council that this project is a non-conformin g 208 BACHMAN use and referred to sections of Town Zoning Ordinance . Counci l questioned parking requirements . Bert Millen, owner of the buildin g stated there was parking at the rear,of building and he spoke highl y of the project . Council questioned as to how many seats were in th e restaurant . It was stated 125 . Mr . Reedy, Attorney, for th e applicants stated they would see that a statement as to how man y seats would be given to Planning for the records . REZONING Mrs . Cannon moved Ordinance No . 1458 be adopted, AN ORDINANCE OF TH E 1595 1 -LOS GATOS TOWN OF LOS GATOS AMENDING THE ZONING ORDINANCE EFFECTING ZONE CHANG E BOULEVARD NO . 36 FROM CH AND R-1 :8,000 TO "0". Mr . Siemens seconded . Unanimously carried . ZONING AMiEN V1ENT Mr . Ferrito moved for adoption of Ordinance No . 1459 entitled , STOCK ORDINANCE OF THE TOWN OF LOS GATOS AMENDING ZONING ORDINANC E COOPERATIVES CONCERNING CONDOMINIUMS . Mrs . Cannon seconded . Unanimously carried . 4 28 5 February 19, 19$0 Los Gatos, Californi a REVERSIBLE TRAFFIC LANE S PALNNING STAFF TLUIE AMICUS PARTICIPATIO N AGINS vs CITY OF TIBURO N OAK I+W PARK USE FEE Mayor stated staff report on reversible tarffic lanes be accepted . Council accepted report . This was approved early in the agenda by following action . Mr . Ferrito moved request be granted . Mrs . Cannon seconded . Unanimousl y carried . Mr . J .D . Vanderlaan, from audience, spoke against thi s action . Mrs . Cannon moved staff recommendations on the fees for use of Oa k Meadow Park be accepted . Mr . Siemens . seconded . Unanimously carried . Mrs . Gualtieri left the meeting at 10 :10 p .m . Ardith Sams, Chairman of Park Commission, spoke on behalf of the ' project . Council questioned the proposed chain link fence an d possibility of installation of some bike racks . Joe Maloof, 11 6 Worcester Loop, presented petition signed by owners in the are a requesting this park be kept and maintained in its natural state . Also speaking on the plan proposals were Dr . Mel Carter, J .D . Vander - laan and Joey Benjamin . After further discussion, Mrs . Cannon moved that site plans alternate C be approved and instruct staff t o proceed with working plans . Motion to include minimal bike rack s and chip seal on pathways . Mr . Siemens seconded . Unanimousl y carried . Mrs . Cannon moved staff report be accepted . Mr . Siemens seconded . Unanimously carried . It was consensus of Council the matter of enforcement of Smokin g Ordinance be agendized for next meeting . Mayor Lochner declared meeting adjourned at 10 :45 p .m . Rose E . Aldag Town Cler k WORCESTER PARK SITE PLAN GANN & JARVI S 11 INITIATIVE S SMOKING ORDINANC E ADJOURN