M 01-19-81 438 January
19, 1981
Los
Gatos, California
TOWN COUNCIL The Town Council of the Town of Los Gatos met
in the Council
Chambers of the Town Hall at 7:40 p.m. in
regular session.
ROLL CALL PRESENT: Ruth Cannon, MarLyn J. Rasmussen,
Peter W. Siemens,
Brent N. Ventura, and Mayor Thomas J.
Ferrito.
ABSENT: None.
PLEDGE OF
ALLEGIANCE Given by all in attendance.
MINUTES Mrs. Rasmussen moved minutes of January 5, 1981
be approved
as submitted. Mrs. Cannon seconded.
Unanimously carried.
YOUTH ADVISORY Mayor Ferrito stated that on September 15, 1980
the Town Council
COMMISSION adopted Resolution No. 1980-136 establishing a
Youth Advisory
APPOINTMENTS Commission to consist of 2 adults, 3 high
school students, and
2 junior high school students. The closing
date for receiving
applications was January 14, 1981, and
interviews were held
tonight prior to the Council meeting. Mrs.
Rasmussen moved
for appointment of Terrence Daily and Charles
Drummond as
adult Commission members. Mr. Ventura
seconded. Unanimously
carried. Mrs. Rasmussen moved for appointment
of Colette
Craycroft and Julie Nunez as junior high school
members.
Mr. Ventura seconded. Unanimously carried.
Nominations and
voting were held for the 3 high school members
and the following
were appointed: Wendy Becker, Steven White, and
Rick Bhandari.
Mayor Ferrito stated he wished to thank all
students for their
interest.
WRITTEN 1. Leaflet from the League of Friends of the
Santa Clara
COMMUNICATIONS County Commission, on the Status of Women,
inviting Council
and other organizations to submit
nominations for the 1980
Women of Achievement Awards. No action.
2. Letter from 0. L. Johns, asking Council to
take proper
action so he can complete the construction
of his building
at 151 N. Santa Cruz Avenue. Referred to
Attorney for
response.
3. Letter from Harley and Agnes Thompson, 156
Massol Avenue,
protesting the assigned amount of
assessment to their
property in the Broadway Extension
Assessment District.
Later agenda item (IV-A).
4. Letter from Gene Westphalen, 311 Tait
Avenue, concerning
traffic counters placed on the roadway
adjacent to his
residence. (Director of Public Works
reported that staff
is updating traffic counts in that area due
to request from
the Almond Grove Neighborhood Association,
and staff will
prepare a biannual traffic volume map for
major streets.)
It was consensus of Council that
Engineering staff should
vary the days and also the months when
taking traffic
counts. After further discussion, it was
requested that
staff make some sort of analysis on this.
5. Communications from County of Sonoma, Board
of Supervisors,
re the health hazards posed to people
regarding PCB electric
capacitors owned by PG & E, plus a copy of
a Resolution as
adopted by their Board, asking for a
response from our
Council. Staff to check with Santa Clara
County to see
what position they have taken, and also to
write PG & E
inquiring as to storage of PCB capacitors.
Chief Johnson
stated he has a meeting scheduled with PG &
E representa-
tive to discuss clean up procedures of
transformers and
toxic properties of it, and he will be glad
to pass this
information along to Council.
6. Letter and report from Citizens For a
Better Environment,
informing Council of the human health
effects of spraying
and the economic impacts of the
Mediterranean fruit fly.
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439
January 19, 1981
Los
Gatos, California
WRITTEN Mayor Ferrito referred to letter from
Santa Clara County
COMMUNICATIONS Medical Society re Seminar to be held on
January 28, 1981
(CONTINUED) at 7:30 P.M., to discuss the medical
implications of the
proposed aerial spraying of malathion to
combat the fruit
fly problem in Santa Clara County.
7. Letter from California Farm Bureau
Federation, urging the
Council to go on record supporting the
eradication of the
Medfly. No action.
8. Letter from Ming Quong Children's Center,
requesting the
use of the Civic Center facilities for
their Strawberry
Festival to be held Saturday and Sunday,
June 6 and 7,
1981. They also request that fees for use
of the Community
Center be waived. Mrs. Rasmussen moved
request be granted,
and Town staff be authorized to work with
the organization.
Mr. Ventura seconded. Unanimously
carried.
9. Letter from Louis Norga, owner of an
apartment building in
Los Gatos, requesting exemption of fees
imposed by Town
Rental Mediation and Arbitration process.
Mr. Siemens
moved Council accept staff recommendation
and deny the
request for exemption, and that Council
direct Town Manager
to review the fiscal impact of amending
the Town Rental
Mediation and Arbitration ordinance to
provide for an
exemption for Section 8 units. Mr.
Ventura seconded.
Unanimously carried.
10. Revenue and expenditures reports for the
month of December,
1980, from office of Town Clerk.
11. Treasurer's monthly report for December,
1980.
VERBAL Joan Hunter, 108 Louise Court, member of the
Ambassador Girl
COMMUNICATIONS Scout Troop, stated that on behalf of the
Granny Scout Troop,
she was here to present the Town with a check
in the amount of
$74-29 for the purpose of purchasing a
shuffleboard for the
Neighborhood Center.
FREE PUBLIC Mrs. Cannon moved to accept staff
recommendation and authorize
PARKING SIGNS staff to purchase and install an additional
"Free Public
Parking" sign on Saratoga Avenue, west of
University.
Mr. Ventura seconded. Unanimously carried.
CAMINO DEL SOL Mrs. Cannon moved for adoption of Resolution
No. 1981-8 entitled
CUL-DE-SAC RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
LOS GATOS APPROV-
PROJECT 248-ss ING PLANS AND SPECIFICATIONS FOR THE
CONSTRUCTION OF STREET
IMPROVEMENTS TO CLOSE CAMINO DEL SOL AT
NATIONAL AVENUE (PROJECT
248-SS), and direct Town Clerk to advertise
for bids. (Bid
opening set for 3:00 p.m. on February 17,
1981.) Mr. Ventura
seconded. Unanimously carried.
BUS LOADING Mrs. Cannon moved for adoption of Resolution
No. 1981-9. estab-
ZONE REVISIONS lishing BUS LOADING ZONES. Mr. Ventura
seconded. Unanimously
carried.
ANCHOR/BOHNEN Manager Mora referred to staff report which
states that, prior
BOND RELEASE to annexation, this property was located In an
unincorporated
area, and there was a contract between the
County and the
developer, Gerald Anchor. Upon annexation,
the County assigned
this contract to the Town of Los Gatos. Under
the terms of the
contract, the developer deposited passbooks
totaling $89,100.00.
These passbooks are being held by the Town,
and staff is recom-
mending the partial release of funds of the
Faithful Performance
portion of these bonds. After some
discussion, Mrs. Cannon
moved to release 75% of the Faithful
Performance, and authorize
the Director of Public Works to issue a letter
to California
Savings and Loan Company, authorizing the
release of 75% or
$33,412-50 of the funds on deposit to Gerald
L. Anchor.
Mr. Ventura seconded. Unanimously carried.
2
440
January 19, 1981
Los
Gatos, California
LOS GATOS CREEK Mrs. Cannon moved for adoption of Resolution
No. 1981-10
BIKE/PEDESTRIAN entitled RESOLUTION AUTHORIZING JOINT USE OF
THE LOS GATOS
TRAIL AGREEMENT CREEK WITH SANTA CLARA VALLEY WATER DISTRICT,
and authorize
the Mayor to sign the agreement on behalf of
the Town.
Mr. Ventura seconded. Carried by vote of
four ayes.
Mrs. Rasmussen voting no.
REQUEST FOR Mrs. Cannon moved to accept staff report re
request for
CHANGE IN change in Building Code with regard to roof
drainage and
BUILDING CODE flat roofs, and that Building official will
follow up on
this at a later date. Mr. Ventura seconded.
Unanimously
carried.
COUNTY Mrs. Cannon moved to accept staff
recommendations of the fol-
REFERRALS lowing:
12S78.9 Skyline Blvd. Follette
Time extension
for 4-lot subdivision recommend denial
1321-27-4o-8]v Lindbergh Ave.
Apodaca Front and
rear yard variance for single family
dwelling no comment
993-30-52-80LA Englewood Ave.
Beadle Appeal of
lot line adjustment County P.C. hearing
1/15/81
12C75.1 Old Santa Cruz Hwy.
Gillette 5-lot
cluster subdivision ASA Committee 1/22/81
Mr. Ventura seconded. Unanimously carried.
MANAGER ICMA Mrs. Cannon moved for adoption of Resolution
No. 1981-11
DEFERRED entitled A RESOLUTION APPROVING THE
ESTABLISHMENT OF THE
COMPENSATION ICMA DEFERRED COMPENSATION PLAN AND
PARTICIPATION IN SAID
PLAN PLAN BY THE TOWN MANAGER, and authorize the
Mayor to execute
the appropriate documents. Mr. Ventura
seconded. @@Unanimously
carried.
DRIVEWAY ACCESS Mr. Simons withdrew his request for a
driveway access onto
SARATOGA AVENUE Saratoga Avenue.
REQUEST FOR Mr. Siemens moved to set a public hearing for
March 2, 1981,
STOP SIGNS to consider petitioner's request to place
stop signs on
WEDGEWOOD Wedgewood Avenue at Lora Drive, Mulberry
Drive, and LaRinconada
AVENUE Drive. Mr. Ventura seconded. Unanimously
carried.
BROADWAY Mayor Ferrito stated this was the time and
place duly published
EXTENSION 80-2, for public hearing for the Broadway Extension
80-2 Assessment
ASSESSMENT District. Speaking in protest against the
amount assigned to
DISTRICT their properties were Jean McNamara and
Harley Thompson.
Written protests were filed by Jean McNamara,
Harley Thompson,
and Mr. LaCasse. Mr. Harley Thompson spoke
on the possibility
of flooding of his property due to work on
this project.
D. Raymond of WTW, engineers for this
project, had not been
aware of this possibility but would certainly
Investigate.
Mr. Arthur Strawn, 115 Broadway, spoke for
the project.
There being no one else wishing to speak on
this project,
Mrs. Rasmussen moved hearing be closed. Mrs.
Cannon seconded.
Unanimously carried. Mrs. Cannon moved for
adoption of
Resolution No. 1981-12 entitled A RESOLUTION
OVERRULING PRO-
TESTS ON RESOLUTION OF INTENTION NO. 1980-
120, AS AMENDED
(as there were less than 50'/. of the area
affected by the
assessment district protesting the district).
Mr. Siemens
seconded. Unanimously carried. Mrs. Cannon
moved to retain
the contribution of the Town of Los Gatos at
75% of the
current bid. Mr. Ventura seconded.
Unanimously carried.
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441
January
19, 1981
Los
Gatos, California
BROADWAY Mrs. Rasmussen moved for adoption of
Resolution No. 1981-13
EXTENSION 80-2, entitled A RESOLUTION OF INTENTION TO MAKE
CHANGES AND MODI-
ASSESSMENT FICATIONS, BROADWAY EXTENSION ASSESSMENT
DISTRICT (hearing
DISTRICT on this will be February 17, 1981). Mrs.
Cannon seconded.
(CONTINUED) Carried by vote of three ayes. Mr. Ferrito and
Mr. Ventura
voting no. Mrs. Rasmussen moved Council
authorize Treasurer
to negotiate for sale of bonds and report to
Council on
February 17, 1981. Mr. Siemens seconded.
Unanimously
carried.
REASSESSMENT Discussion was held on possible changes in
the smoking ordi-
SMOKING nance in relation to the Neighborhood Center.
Jill Cody,
ORDINANCE Director of Community Programs, stated there
are provisions
for smoking in the back lobby of the Center,
so people do
not have to go outside to smoke. Necessary
signs are posted
and people have been made aware of the
availability of smoking
in the back lobby. On consensus motion, Mr.
Ventura moved to
propose an amendment to the smoking ordinance
under Section
17-6 (b), first sentence, to read "Smoking is
prohibited
during public meetings except in specific
seats designated
for smoking and in lobbies". Mrs. Rasmussen
seconded.
Motion fails. Mr. Siemens, Mrs. Cannon, and
Mayor Ferrito
voting no.
SENATE BILL 33 Mayor Ferrito referred to letter from the Bay
Area Air
RE: CLEAN AIR Quality Management District re SB 33
(inspection and Main-
ACT tenance on Motor Vehicles), requesting
Councills support for
SB 33 by adopting a Resolution. Mrs.
Rasmussen moved for
adoption of Resolution No. 1981-14 entitled A
RESOLUTION
SUPPORTING THE PROPOSED INSPECTION/MAINTENANCE
PROGRAM AS
ESTABLISHED IN SB 33. Mr. Siemens seconded.
Unanimously
carried.
PARK COMMISSION Shannon Shigemoto, student Park Commissioner
in 1980,
STUDENT stated interviews had been held by the
Interviewing Committee,
APPOINTMENTS and recommends appointments of Michael A.
Gallagher and
Pamela Sue Milstein as 1981 student Park
Commissioners.
Mrs. Rasmussen moved to accept Park
Commission's recom-
mendation, and appoint Michael A. Gallagher
and Pamela Sue
Milstein. Mr. Siemens seconded. Unanimously
carried.
COMMUNITY SER- Mayor Ferrito stated there are three vacancies
on the Community
VICES AND Services and Development Commission, and it is
appropriate
DEVELOPMENT to call for applications. Mrs. Cannon moved
Clerk be author-
COMMISSION ized to Notice the three vacancies in the
newspaper, and call
VACANCIES for applicants. Mrs. Rasmussen seconded.
Unanimously carried.
COUNCIL The date set for the Council training session
will be
TRAINING SESSION March 4, 1981, at 4:00 p.m.
Also wish to note there is a joint Park
Commission/Council
meeting to be held on February 23, 1981, at
7:00 p.m.
SURMONT DRIVE Mr. Van Houten, Public Works Director, spoke
to Council on
DRAINAGE complaints received from abutting property
owners to
PROBLEM Mr. Cosentino, and is recommending that Mr.
Cosentino construct
a lined ditch, or a redwood header board, to
permanently
establish positive drainage along the
northerly property line
into an existing storm drain at the northeast
corner of his
property. Albert Krysik, 159 Westhill Drive,
spoke on damages
to his property caused by the drainage
problem, and presented
a letter from Mr. Costouros, 163 Westhill
Drive, who was also
complaining of the drainage problems. Mr. Ed
McCall also
spoke on the problem. Mr. Cosentino stated he
had built the
necessary ditches that will take care of run
off, and feels
no further drainage is necessary. After
further discussion,
Mr. Ventura moved Mr. Cosentino comply with
the engineer's
request. Mr. Siemens seconded. Unanimously
carried.
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442 January
19, 1981
Los
Gatos, California
WEST VALLEY Manager David Mora stated Police Department has
been unable
FILMING to contact representatives from West Valley
College concerning
REQUEST the proposed filming to take place on January
25, 1981. If
staff is unsuccessful in contacting these
individuals, then
staff will withhold approval for the filming.
KNOWLES DRIVE Mr. Van Houten, Director of Public Works, spoke
on his report
ASSESSMENT and stated the 6ngineer's report for the
Knowles Drive
DISTRICT Assessment District is near completion and is
scheduled for
presentation to the Council on February 2,
1981.
MEDFLY Mr. Ventura moved Council accept staff report
and approve a
PROGRAM supplemental appropriation of $2,000 from the
General Fund
to Parks Department, Account 539, in order to
pay expendi-
tures on this program. (Separate accounting
will be kept
for later reimbursement by the State.,) Council
will inform
Senator Alquist and Assemblyman Konnyu that
Town fully supports
legislation to be introduced by Senator O'Keefe
and Assembly-
man Cortese to reimburse local government
efforts in the
eradication of the fruit fly. Mr. Siemens
seconded.
Unanimously carried.
REPEALING Town Manager referred to Section 2-16 of the
Town Code re
SECTION 2-16 the requirement of a corporate surety bond for
the Town
TOWN CODE Manager. Mr. Mora stated that the Town Manager
is not author-
ized to sign checks or warrants for the Town,
so a corporate
surety bond is not necessary, and recommends
that Section 2-16
be repealed. Mr. Ventura moved reading be
waived for AN
ORDINANCE OF THE TOWN OF LOS GATOS AMENDING
CHAPTER 2,
ARTICLE If OF THE TOWN CODE TO REPEAL SECTION
2-16 THEREOF.
Mr. Siemens seconded. Unanimously carried.
Mr. Ventura
moved ordinance be introduced. Mr. Siemens
seconded.
Unanimously carried.
Council adjourned to executive session at 11:10
p.m.
Meeting reconvened at 11:35 P.m.
TOWN ATTORNEY Mr. Ventura moved for adoption of Resolution
No. 1981-15
CONTRACT WITH entitled RESOLUTION APPROVING EMPLOYMENT
AGREEMENT BETWEEN
TOWN OF LOS GATOS TOWN OF LOS GATOS AND WALTER V. HAYS OF
HERRICK, LUNDGREN,
HAYS, SHAFFER & LANCEFIELD, A LEGAL
ASSOCIATION. Mr. Siemens,
seconded. Unanimously carried.
OTHER BUSINESS Mr. Ventura asked for Council permission to
work with the
Police Department in conjunction with the
Chamber of Commerce
to see if it is possible to get some sort of
program to work
with the merchants and try to curb the alarming
rise in
robberies in the community. If there are no
objections,
he stated, he would follow up on this.
Mrs. Rasmussen asked Council to direct staff to
check on
Sunnyvale's rental only zone and see what legal
problems they
have had, and also to check on the Santa
Barbara density bonus
incentive program. She would like to know how
that program
(for apartment rental zoning) is working and
what it involves.
She stated that she would also like the Manager
to research
whether a ceiling could be placed on
candidates' spending on
elections.
Mr. Siemens stated that a report on the
Guadalupe Corridor 85
would be sent to Council for review next month.
He also
stated he had met with Mr. Ventura and other
citizens regarding
the issue of locating a bus depot, and the
possibility of
locating it on Town property. He has discussed
this with
Staff at County Transportation, and they say
there is money
available for funding when you are integrating
public and
private transportation. Mr. Siemens will
pursue this further.
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443
January 19,
1981
Los Gatos,
California
ADJOURNMENT Mr. Ventura moved meeting be adjourned at 11:45
p.m.
Mr. Siemens seconded. Unanimously carried.
ATTEST:
Rose E. Aldag
Town Clerk