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M 03-03-1980286 March 3, 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 : Ruth Cannon, Thomas J . Ferrite, Mardi Gualtieri , Peter W . Siemens and Mayor John B . Lochner . ABSENT : None . PLEDGE O F ALLEGIANCE Given by all in attendance . MINUTES Mrs . Gualtieri referred to error on page 3, subject - VERBA L COI Iiv1UNICATIONS should read "Ken Steffan, 127 Millrich, stated". Mrs . Gualtieri moved minutes be approved as amended . Mrs . Cannon seconded . Unanimously carried .. COMMUNICATIONS 1 . Report from Attorney Preston Hill, re Agins vs . Tiburon litigation . Mrs . Gualtieri-moved copy of this report be sen t to the local realtor board . Mrs . Cannon seconded . Unanimously carried . 2.Letter from R . Bruce Campbell, Manager of Rinconada Hill s Association requesting that Council enact an ordinance o r resolution pursuant to vehicle code section 21107 .7 . Manager stated this has been before Council in the past an d staff reports were prepared at that time . Copies of previou s reports plus additional comments will be sent to-Council fo r their next meeting . It was consensus of Council that lette r be sent to Rinconada Hills Association that no action take n tonight and will review report at next Council meeting . 3.Letter from Housing Action, with the response to the Industr y and Housing Management Task Force Report . Mayor Lochner stated they also have report from the manufacturing group and should consider all resources before moveing to suppor t any of these . No action to be taken until the subcommitte e has studied the reports . Letter to be sent to Rev . Largent e informing him of Council's decision . 4.Letter from Joseph S . Caruso, owner of Casa de Toes , requesting to address the Council re building violations . Mr . Caruso stated he is requésting a 120 day extension of time to allow him to complete all compliances, as he need s time to have plans prepared and also raise the money t o complete fire district requirements . After much discussion , Mrs . Gualtieri moved Council grant an extension of 30 day s on deadline for compliances, all to be complied with b y April 7, 1980 . Mr . Siemens seconded . Unanimously carried . 5.Letter from Los Gatos Athletic Association, Inc . requesting permission to stage a 10 kilometer run, known as the Mr . Charley's Great Chase . This would be held in conjunction with the West Valley-Masters Track Meet, at Los Gatos Hig h \School, on April 19, 1980 . Mrs . Gualtieri moved permissio n be granted subject to Police Department approval . Mrs . Cannon seconded . Unanimously carried . 6.Letter from June Combs Oberzil, Director of Live Oak Senio r Nutrition Program thanking the Town for implementing th e serviceable signs for the Nutrition Center . 7.Notice from Pacific Gas and Electric Company of applicatio n filed with Public Utilities Commission for increase o f Electric rates effective April 1, 1980 . 8.Letter from Harold & Jeanne Partridge, re cave-in of stree t at 117 Broadway extension and requesting help from the Tow n to have this road repaired so at least emergency vehicle s could get to homes in the area . Mr . George Tobin , representing Mr . & Mrs . Partridge and other owners in th e area, spoke on their behalf . Council questioned as to whethe r its Council jurisdiction as Broadway extension is privat eroad. There was discussion why Town has always repaired an d maintained since 1956, but now, will not repair . It wa s consensus of Council this should be held until later i n agenda to allow time for discussion . - 1 - March 3, 1980 Los Gatos, Californi a COMMUNICATIONS 9 .Letter from E . Ansnes, Local Study Chairman . of League o f (CONTINUED)Women Voters of Los Gatos-Saratoga,, wdt,han outline r e on a stiady of earplug school property in Lae Gatos and S4ratc .. Mir . Fe:rrito asked . to have Public Facilitie .s , n*e. ordinance pro red by,Planning and presented to C`ouncil the April 7th meeting . So ordered . Mrs . Gualtieri requeste d a letter be sent to Mrs .Ansnes as to Council's action . Rich Bergman, President of Los Gatos Jaycees, presented a cheek in the amount of $3,000 to Mayor Lochner, stating this is fo r the construction of a PAR course in Belgatos Park . Rich Bergman and Ron Denevi,of the Los Gatos Jaycees, state d they were before the Council tonight to request monetary hel p in constructing a lighted softball field on land just belo w Church Street . After further discussion, Mrs . Cannon moved thi s be referred to Park Commission, for report back to Council a t next meeting . Mrs . Gualtieri seconded . Unanimously carried . Randy Grimes, 121 Mas s -61 Avenue, spoke to Council re an evictio n notice he had received from his landlord ..Mr .Kellar . Mr . Grime s stated he felt he received this notice because he was active i n the rent relief committee . After further discussion, Mrs . Gualtieri moved Town Council send letter to Mr . Kellar indicating concern over his action and' asking that he not take action i f its based strictly on Mr . Grimes activity on Rent Control Comm- ittee . The letter be directed to ask specifically whether th e landlord thinks he ha s ,any grounds for the eviction . Mr . Siemen s seconded . Unanimously carried . Mr . Gordon Martin, 210 Rushmore Lane, spoke on rent increas e notice he had recieved and also other increases he had heard of . Arnold Joyal, representative of Los Gatos Property Owne r t s group , gave a progress report of the group . He stated they had a hot - line number of 395-7068 that any renter or landlord may call i f they have a problem and wish to inform Council that the grou p is moving in good faith . Mrs . Cannon moved Council accept staff recommendation and approv e a supplemental appropriation of $5,000 from the Housing an d Community Development funds to complete the grading and pavin g and the landscape project for the Downtown Neighborhood center . Mrs . Gualtieri seconded . Unanimously carried . Mrs . Cannon moved Council accept staff report on March statu s of Planning Commission matters . Mrs . Gualtieri seconded . Unanimously carried . Mrs . Cannon moved Council accept Police activity report for th e fourth quarter of 1979 and the 1979 annual review . Mrs . Gualtier i seconded . Unanimously carried . Mrs . Cannon moved Notice of Completion and Certificate o f Acceptance, for Karnan-Damron Company,16965 Roberts Roa d condominiums, be approved . Mrs . Gualtieri seconded . Unanimousl y carried . Mrs . Cannon moved February 1980 payroll in the amount o f $205,831 .60 and February 1980 warrant demands in the amount o f $227,947 .66 be approved . Mrs . Gualtieri seconded . Unanimousl y carried . Mayor John B . Lochner stated this was the time and place dul y published to consider the appeal of Planning Commission's denia l of time extension for 3-lot subdivision, 15780 Kennedy Road . Mr . Ted Dunbar, Attorney, representing Mr . Beck, stated time extension should be granted as requirements have almost al l been met ..-2 - VERBA L COMMUNICATIONS DOWNTOWN NEIGHBORHOO D CENTER SUPPLEMENTAL APPROPRIATIO N PLANNING MONTHLY REPORT POLICE ACTIVIT Y REPOR T NOTICE '0 F COMPLETIO N PAYROLL AN D WARRANT DEMAND S APPEAL - 3 LOT SUBDIVISION 15780 KENNED Y ROAD March 3, 198 0 Los Gatos, Californi a APPEAL -, 3 LOT Mr . Beck, owner of property, spoke on the project and stated h e SUBDIVISION was not notified re Mown zon ° and he hopes Council wil l 15780 KENNEDY'consider all ramif i.eation . Council questioned as to length of ROAD_time far preparation of ZIR . Therebeng no one else in th e ----audienee--wTie>hiawg to speak or this subject, Mr . Ferrito move d hearing be closed . Mrs . Gualtieri seconded . Unanimously carried . After further discussion, Mr . Ferrito moved Council adop t Resolution No . 1980-31 entitled, A RESOLUTION AFFIR .+II.NG A. DECISION OF THE TOWN PLANNING COVH SSION,which denies the appea l and upholds the Planning Commission decision with findings tha t property has been rezoned and current zoning would not allow th e proposed subdivision . Applicant had a valid tentative map fo r (2) one year periods and failed to record the map during tha t time .Mrs .Cannon seconded . Carried by vote of four ayes . Mrs . Gualtieri voting no . REZONING PULLEY Mayor Lochner stated this was the time and place duly publishe d PROPERTY - 150 to consider the change of zone from RC to HR-22 for propert y BROOK ACRES DRIVE located at 150 Brooke Acres Drive . Mr . Pulley stated he wa s present and would answer any questions . There being no one i n the audience wishing to speak on this subject, Mrs . Cannon move d hearing be closed . Mr . Ferrito seconded . Unanimously carried . IVtrs . Cannon moved reading be waived for AN ORDINANCE OF THE TOW N OF LOS GATOS AIYNDING THE ZONING ORDINANCE EFFECTING ZONE CHANG E NO .FROM RC TO HR-2i . Mr . Ferrito seconded . Unanimousl y carried . Mrs . Cannon moved ordinance be introduced . Mr . Siemen s seconded . Unanimously carried . WEED ABATEMENT Mayor Lochner stated this was the time and place duly publishe d to consider objections to the abatement of weeds . There bein g no one in the audience wishing to speak, Mr . Ferrito moved hearing be closed . Mfrs . Gualtieri seconded . Unanimously curried;.: Mrs . Cannon moved for adoption of Resolution No . 1980-32 entitled,A RESOLUTION OVERRULING .OBJECTIONS AND ORDERING ABATEMENT OF WEED S AS A PUBLIC NUISANCE . Mrs . Gualtieri seconded . Unanimously carried . BROADWAY Mayor Lochner stated this was the time to continue discussion o n EXTENSION ROAD the problem of the Broadway Extension Cave-in . Mlr . D rhara, 11 7 REPAIR Braodway, stated some sort of repairs should be made so emergenc y vehicles could serve the people in the area . Mr . Warnick, Director of Public Works, stated all information he has,indicate s that Broadway Extension is a private road . Speaking on question as to whether Broadway Extension is private or public road wer e I,ltr . Kuremsky, Mrs . Partridge, Mr . Strawn, Mrs . Finelli an d George Tobin . They stated that the Town resurfaced-the road , built a retaining wall and have maintained . that portion of Broad - way since at least 1956, so see no reason why the Town can't repair this damage now . Mrs . Cannon stated that if Town ha s done all that, then the Town is responsible and should reppi r this road and bring it up to the best standard they can . Mayo r suggested Town get a cost estimate on project then maybe it coul d be considered whether Town absorb the cost or whether it coul d possibly be joint project with people in the area . After furthe r discussion, Mr . Siemens moved staff be authorized to get soil s engineers estimates and also authorize staff to proceed wit h immediate emergency repairs so emergency vehicles can serve th e people . Mrs . Cannon seconded . Unanimously carried . Mr . tidarnic k to report to Council at the next meeting . COUNCIL REPORTS Mrs .Gualtieri reported on the Transportation Commission meeting . Mr . Lochner stated the next ICC meeting will be held on March 13 , 1980, and the speaker will be Mr . Don Benninghoven, Executiv e Director of League of California Cities, speaking on Jarvis II .Mrs . Gualtieri anounced that Los Gatos would probably be hos t city for the Transportation Commission Meeting in July, and the y would be looking over the Corridor . Mayor Lochner stated he ha s - 3 - 28 9 March 3, 198 0 Los Gatos, Californi a COUNCIL REPORTS received many calls re Taxi service being removed from Los Gato s (CONTINUED)and hoped Council would reconsider the action taken at the las t meeting .Mrs . Gualtieri spoke of poor service Town had receive d from the Taxi companies .Mrs .Cannon stated there is certainl y a need for the service .Mrs .Austin spoke on some sort o f private enterprises furnishing a service to different areas . Mr . Warren Bisbee, stated the requested taxi fare increase i s certainly justified and is no higher that other cab compan y rates in other cities across the country and he feels as Mrs . Cannon does, the Town should provide for emergency needs . Attorney Hill stated the major factor concerning private car s being used for services is getting the insurance so rider i s protected . RECESS Mayor Lochner declared a recess . Meeting reconvened at 10 :30 p .m . COUNTY REFERRALS Mr . Ferrito moved Council approve County referrals as follows : 740-27-41-79V-80B Bayview Dr .Vaughn Single famil y dwelling Na comment . 993-30-52-80P-SOS Englewood Ave .Beadle -c s conditional use permit for 3-lot subdivision . The Council shoul d request that the suspend processing of the County applicatio n until the result of the annexation is known . Mrs . Cannon seconded . Unanimously carried . VILLA HERMOSA Mr . Robert Warnick presented Project 235-SS preliminary repor t DOWNTOWN SIDE-on the Villa Hermosa Project . After further discussion on cos t WALK PROJECT estimate of the project, Mr . Ferrito moved Council approv e project in concept with the following financial changes : Transfe r from Town Share to Property Owners Share . Phase I Item 5 - Electric Service in amount of $ 7,600 .0 0 Item 6 - Landscaping 30,000 .0 0 Item 7 - Irrigation System .10,000 .00 Phase I I Item 5 -- Irrigation System $ 1,700 .00 Item 6 - Landscaping 6,500 .Q0 Total of $55,$00 .0 0 Mr . Siemens seconded . Mrs . Cannon moved for amendment to motion to add the followin g changes : Transfer from Property Owners Share to Town Shar e Phase I Crosswalks in amount of $56,000 .0 0 Phase II Crosswalks in amount of 14,000 .00 Total of $70,000 .0 0 Mrs . Gualtieri seconded: the . amendment . Vote on the amendmen t carried by vote of three ayes . Mr . Ferrito and Mr . Siemens voting no . Original motion carried unanimously . Mr . Te d Petersen and Sue LaForge spoke on behalf of the Chamber o f Commerce and at their request this will be agendized for furthe r disucasinn at the April_7th Council meeting . WINCHESTER Mr . Warrick spoke on staff- recommendation .. Mrs . Andriese ,BOULEVARD - DAVES 17446 El Rancho Avenue, spoke on lowering speed 3imit to 30mp hAVENUE-FAR.LEY ROAD -from Lark Avenue to Via Serena and installation of flashin gROADyellowlights in both directions on Winchester Boulevard at th e scho*lcrossing . Also speaking from the audience on Mrs . Andriese recommendations were the-school . crossing guard Mari a Cavrera and Mrs . Giordeno . After further discussion, Mrs . Gualtierimoved thematter of special en .forcements by Police b e referred to Chief Johnson for report a-6-,next meeting and Council . accept staff recommendations as follows : adopted Resolutio nNo.1980-33-entitled, BUS LOADING ZONE - WINCHESTER BOULEVAR D -4 290 WINCHESTER BOULEVARD_- DAVE S AVENUE - FARLE Y ROAD . (CONTINUED ) BIKE LANES NEA R VAN METER SCHOO L SIGN REGULATION S CSDC - MEDIATIO N STUDY SMOKIN G ORDINANC E ENFORCEMEN T ABAG AIR QUALIT Y ISSUE TOWN PARKIN G LO T ADJOURN March 3, 198 0 Los Gatos, Californi a lhttOaU'6 Ordinance entitled, AN ORDINANCE OF THE TOWN . OF LO S GATOS AMENDING SECTION 16-45 .2 OF THE LOS GATOS TOWN CODE FOR ESTABLISHING SPEED LIMITS ON CERTAIN STREETS ; direct staff t o contact affected schools regarding sharing of cost of installin g flashing yellow signal on Winchester Boulevard . Mr . Siemen sseconded. Carried by vote of four ayes . Mrs . Cannon voting no . Mrs, Cannon moved Council accept staff recommendation and direc tstaff to make .a post card survey of the opinions of the abuttin g property owners, and prepare a more precise plan for implement -ation . Mr . Siemens seconded . Unanimously carried . Mrs . Cannon moved for adoption of Ordinance No . 1960 entitled , ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONING ORDINANC ECONCERNING SIGNS . Mrs . Gualtieri seconded . Unanimously carried . Jill Cody, Director of Community Services, spoke on report r e mediation study as did Lela Austin .After some discussion ,Mrs . Gualtieri moved that former rent control committee member s be invited to work on new sub-committee of the Community Service s and Development Commission re the study of housing and mediatio nprogram. Mr . Siemens seconded . Unanimously carried . Discussion was held on the enforcement of the Smoking Ordinance , and Council instructed Attorney to draft an amendment to th e Smoking Ordinance to establish penalties or fines for no t enforcing the & eking Ordinance . Mr . Ferrito moved Council support the Air Qualtiy Managemen t Districts position .Mrs .Gualtieri seconded . Unanimousl y carried . Mr . Ferrito requested a copy of letter of support o fthis issue . Mayor Lochner stated he had received complaints re abuse on us e of the Civic Center Parking lot . Manager explained basi c problems is loss of employee parking lot when the new .Neighbor - hood Community Center was built . Manager to investigate as t o whether high school students are using the Civic Center Parkin glot. Mayor Lochner declared meeting adjourned at 1 :05 a .m ., tuésday , Mlarch 4, 1980 . ATTEST : Rose E . Alda g Town Clerk