M 05-05-1980May 5, 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 :40 p .m ., in regular session .
ROLL CALL PRESENT : Ruth Cannon, MarLyn J . Rasmussen, Peter W . Siemens ,
Brent N . Ventura and Mayor Thomas J . Ferrit o
ABSENT : Non e
PLEDGE O F
ALLEGIANCE Given by all in attendanc e
PRESENTATION Mayor Ferrito presented former Mayor John B . Lochner wit h
Resolution of Commendation for his services to the community .
Mayor stated he also had a Resolution of Commendation topresen t
to Mrs . Gualtieri but as she is not in attendance tonight, i t
will be sent to her .
MINUTES Mr . Siemens asked that minutes of April 28, 1980 be correcte d
as follows : Subject : INDUSTRY/HOUSING REPORT the last paragrap h
to read "Mr . Siemens stated that as staff incorporates Council's
recommendation,..." Mr . Siemens moved minutes be approved a s
corrected . Mr . Ventura seconded . Unanimously carried .
COMMUNICATIONS 1 .Letter from Thomas W . Kuremsky resigning from the Plannin g
Commission . Mrs . Cannon moved to accept resignation wit h
regret . Mr . Ventura seconded . Unanimously carried .
2 : Letter from Thomas W . Kuremsky requesting to abandon hi s
appeal of decision of Planning Commission on his propose d
3-lot subdivision of Los Robles Way (Agenda item VIII A).
Mrs . Cannon moved request be granted . Mrs . Rasmussen seconded .
Unanimously carried .
3• Letter from Barbara Spector requesting the Council to continu e
the public hearing on the Antique Restaurant until May 19,1980 .
Mr . Ventura requested staff report on what activities hav e
transpired before on this site . After further discussion ,
Mrs . Cannon moved request be granted . Mrs . Rasmussen seconded .
Siemens moved to amend the motion to continue this hearing t o
June 16,1980 .Mr . Ventura seconded the amended motion . Motio n
carried . Mayor stated the appellant, Antique Restaurant an d
interested persons in the audience tonight should be notifie d
of the continuance .
4.Claim for damages from Attorney Bruce Tichinin, filed on behal f
of James O . Thompson, et al . Attorney Hill stated the origina l
claim was deficient and deficiencies have not been remedied .
Mr . Siemens moved claim be denied : Mr . Ventura seconded .
Unanimously carried .
5.Claim for damages from Attorney William H . Holsinger file d
on behalf of Peter A . Murawsky . Mrs . Cannon moved claim b e
denied . Mr . Siemens seconded . Unanimously carried .
6.Letter from JoAnn Disbrow, 135 Anne Way and Mary Jane Whiteford ,
181 Anne Way, with petition signed by 128 persons requesting th e
closing of Anne Way to through traffic between Union an d
Leigh Avenue . Mr . Ventura moved this be referred to staff fo r
report and be agendized for the June 2nd Council meeting .
Mr . Siemens seconded . Unanimously carried .
Letter from Edmund J . Raley, General Manager of E . A . Mass ,'Corp .
bringing Council up to date on what measures have been take n
at El Gato Penthouse Apartments re rent increases . (Referre d
to Community Service & Development Commission )
Letter from Dodie Kelley, Director of Senior Activities, wit h
complaint of rent increase of a Senior Citizen who lives at th e
Penthouse Apartments . (Referred to Community Service &
Development Commission )
9.Letter from Phyllis Enfield, 200 Kimble Avenue, complaining o f
unfair rent increase at the Penthouse Apartments . (Referred t o
Community Service & Development Commission )
10.Letter from Dorothy Cornelius, City Clerk of Cupertino ,
informing Council that the City of Cupertino voted an authoriza-
tion to appropriate $150 .00 for the purpose of a defense fun d
to assist the City of Tiburon in the Agins v . City of Tiburo n
case on appeal to the United States Supreme Court . Mayo r
Ferrito asked staff to check the minutes to see if Council ha s
authorized any money for this case and if not, this should be
3 .3
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May 5, 198 0
Los Gatos, Californi a
agendized for next meeting .
Letter from Transit District Board of Supervisors and a
Resolution adopted by their Board, relating to the manufactur-
ing of public transit buses by automobile corporations askin g
for federal financial assistance, subsidies or loan guarantees ,
and they are urging the Town of Los Gatos to adopt a simila r
resolution . Mrs . Rasmussen moved Council ask staff to prepar e
similar Resolution . Mr . Siemens seconded . Unanimously carried .
Letter from Dr . L . S . Woodworth, 110 Wood Road, referring to th e
unsitely state of the property at 129 N . Santa Cruz Avenue an d
asking that something be done about it . Council instructe d
Mr . Hill to write to Mr . Woodworth informing him of the statu s
of this property .
Letter from Paula Sklan, President of Property Owners o f
Los Gatos, informing Council of the progress of the voluntar y
work their organization on rent control and mediation problem s
is doing .
VERBAL Mrs . Elsie H . Matt, 145 Via De Tesoros, stated she is the Presiden t
COMMUNICATIONS of the Friends of the Los Gatos Memorial Library, a newly forme d
organization . Mrs . Matt explained the organization and stated the y
will be having a book sale on May 30th, from 9 :00a .m . to 4 :00 p .m .,
and would like permission to maintain a refreshment booth at th e
book sale . Mrs . Cannon moved request be granted . Mr . Siemen s
seconded . Unanimously carried .
Mike !Cain, 107 Wilder Avenue, spoke on problems caused by th e
Chart House parking lot and asked Council if anything could be done .
After further discussion, Mr . Ventura asked for staff report bac k
at the May 12, Council meeting . Mr . Siemens moved Council discus s
this issue at the May 12, Council meeting . Ms . Cannon seconded .
Unanimously carried .
LOS GATOS Mr . Warnick, Director of Public Works, stated 7 bids had bee n
MUSEUM A/C received for the project, ranging from a low of $12,70':0, by Sout h
AND HEARING Bay Mechanical Plumbing and Heating Contractors, toarhi_gh o f
BIDAWARD $15,914 . The estimated cost for the work was $12,00 .0;,und fund s
in the amount of $12,250 were appropriated in this year's approve d
budget (Federal Revenue Sharing). Mrs . Rasmussen moved Counci l
accept staff recommendation and authorize supplemental appropriatio n
from Federal Revenue Sharing of $1,000 (for a total appropriation o f
$13,250) to cover the estimated construction costs plus contingencie s
and incidentals and award the contract to the low bidder, South Ba y
Mechanical Plumbing and Heating Contractors, in the total estimate d
cost of $12,700, and authorize the Mayor and Town Clerk to sign th e
standard construction agreements on behalf of the Town . Mrs . Canno n
seconded . Unanimously carried .
CIVIC CENTER Mr . Warnick stated he had been instructed to investigate th e
UNDERGROUND possibility of removing two telephone poles on High School Cour t
UTILITY DIST .North of Church Street as a part of the proposed undergroundin g
1979-1 work . Both poles can be removed without any adverse effect t o
PROJECT 236-UU either property and the cost to the Town for including the pol e
removal in the project will be minimal ($500 +).Mrs . Canno n
moved Council accept staff report and not revise the boundarie s
of the utility district, but direct staff to have the poles removed .
Mr . Siemens seconded . Unanimously carried .
STOP SIGNS Mrs . Cannon moved for adoption of Resolution No . 1980-51 entitle d
BICKNELL-A RESOLUTION DESIGNATING A FOUR-WAY VEHICULAR STOP AT THE INTERSEC -
QUITO & SMITH TION OF BICKNELL ROAD WITH MONTCLAIR ROAD AND SMITH CREEK DRIVE .
CREEK DRIVE Mr . Siemens seconded . Unanimously carried .
PLANNING Mrs . Cannonmoved council accept Planning's monthly report .
REPORT Mr . Siemens seconded . Unanimously carried .
COMMUNICATION S
(Continued)11 .
12 .
13 .
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May 5, 1980 31 5
Los Gatos, Californi a
POLICE Mrs . Cannon moved Council accept the Police activity report fo r
ACTIVITY the first quarter of 1980 . Mr . Siemens seconded . Unanimousl y
REPORT carried .
PUBLIC HEARING Mrs . Cannon moved for adoption of Resolution No . 1980-52 entitle d
CONTINUANCES A RESOLUTION OF THE TOWN OF LOS GATOS ESTABLISHING A DEADLINE FO R
REQUESTING PUBLIC HEARING CONTINUANCES . Mr . Siemens seconded .
Unanimously carried .
NOTICES OF Mrs . Cannon moved Notices of Completion and Certificate o f
COMPLETION Acceptance be approved for the following :
1.Slide repairs, Broadway Extension (Soil Engineering Construction ,
Inc .)
2.Lyndon Project (General Development Company).
Mr .. Siemens seconded . Unanimously carried .
PAYROLL AND Mrs . Cannon moved Council approve April 1980 payroll in the amoun t
WARRANT DEMANDS of $204,087 .74, and warrant demands in the amount of $190,653 .32 .
FOR APRIL Mr . Siemens seconded . Unanimously carried .
COMMENDATION Mrs . Cannon moved for adoption of Resolution No . 1980-53 entitled ,
A RESOLUTION COMMENDING TED PETERSEN . Mr . Siemens seconded .
Unanimously carried .
APPEAL 3-LOT As requested by appellant, this matter was withdrawn from the agenda .
SUBDIVISIO N
17010 LO S
ROBLES WA Y
APPEAL As requested earlier in the meeting, this matter was continued t o
ANTIQUE REST-June 16, and appellant, restaurant owner, Mrs . Lincoln an d
AURANT, 50 Ms . Barnétt are to be notified by letter .
UNIVERSITY AVE ..
MAYOR'S Mayor Ferrito announced the following appointments :
APPOINTMENTS
Association of Bay Area Governments Brent Ventura, Representativ e
MarLyn Rasmussen, Alternat e
County Sanitation District No .4
County Water Conservatio n
Advisory Commissio n
County Transportatio n
Policy Committe e
Inter-City Counci l
Inter-Governmental Counci l
HCD/CAC Committe e
Live Oak Nutrition Boar d
Central Fire Distric t
Board of Commissioners
Thomas Ferrito, Representativ e
Brent Ventura, Alternat e
MarLyn Rasmussen, Representativ e
Ruth Cannon, Alternat e
Peter Siemens, Representativ e
Brent Ventura, Alternat e
Thomas Ferrito, Representativ e
Peter Siemens, Alternat e
Thomas Ferrito, Representativ e
Peter Siemens, Alternat e
Brent Ventura, Representativ e
Ruth Cannon, Alternat e
Ruth Cannon, Representativ e
Peter Siemens, Alternat e
Ruth Cannon,. Representativ e
Marlyn Rasmussen, Alternat e
PROPOSITION S
9 and 10
ICC Committee on Job/Housing/Ruth Cannon, Representativ e
Transportation Imbalance MarLyn Rasmussen, Alternat e
Mayor stated there is material before each Council member re th e
two propositions and they will discuss Proposition 9,first-and see
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May 5, 198 0
Los Gatos, Californi a
PROPOSITIONS if anyone has any questions or comments . Mr . J . D . Vanderlaan ,
9 and 10 17830 Bruce Avenue, stated he was opposed to Proposition 9 an d
(Continued)10 . He feels Council should not take a position on either o f
these propositions . Mr . Gordon Martin, 210 Rushmore Lane ,
stated he would like to speak in opposition of both propositio n
9 and 10 . Proposition 9 now benefits the wealthy in the Stat e
and that 93% of our senior citizens would receive no reduction .
It is estimated that some 55% of the savings of Proposition 9
would go to wealthiest 4% of the taxpayers . Proposition 10 oppose s
all rent controls . Mr . Martin stated he wished to commend Counci l
for considering taking action on these issues and believes it i s
appropriate for Council to do so as it affects the citizens i n
this community . Lucille Hogan, 105 Charter Oaks Circle, state d
she does not believe Council should not take a stand on thes e
issues nor try to sway the community as to how to vote .
Rosalie Lincoln, 58 Alpine Avenue, stated she feels Council i s
representative of the people of Los Gatos but feels people hav e
the opportunity to go to the polls and vote themselves and Counci l
should not get involved . Mr . Irving Blum, 135 Riviera Terrac e
stated he just wanted the Council to be fair .. John Klemp ,
78 Bentley, spoke for Proposition 10 . Mr . Ventura stated h e
appreciates the opinion of those who urge Council to take no .stand ,
but, believes these propositions will have such a significan t
impact on our community that it is necessary for Council to tak e
a stand . Mr . Ventura opposes Proposition 9 on several grounds =
most importantly because of the impact it will have on publi c
education . He feels such opportunities should be available t o
future use in our community . He does not believe in cutting bac k
on tools our children need to be intelligent, contributing member s
of our society . Mr . Ventura moved that Council take ,a stand an d
oppose Proposition 9 . Mrs . Cannon seconded . Mr . Siemens state d
he would support the motion with the additional reason that thi s
Proposition would further transfer the taxing authority of th e
citizens to Washington . Mrs . Rasmussen stated she would abstai n
from voting on this motion because during her campaign she made he r
own personal views aware to everybody in the forums and the news -
paper and doesn't mind making her personal viewpointslown, but ,
she does feel the people want less government and less governmen t
involved in their lives and certainly not to tell them how to vote .
She also believes in sentence that came on ballot pamphlet, whic h
states that Legislative propositions and citizen-sponsored initiative s
are designed specifically to give you, the electorate, the opportunit y
to influence the laws which regulate us all . Mr . Ferrito state d
that he would vote in favor of motion as he feels we have not fel t
the real impact of Proposition 13 yet and the schools will be mos t
adversely affected by Proposition 9 and, as much as citizens migh t
be involved in the governmental process, he feels it becomes ver y
clear when your elected its Council persons responsibility to le t
public know how we feel . Mrs . Cannon stated she feels much the sam e
and feels Proposition 9 just makes the budgeting process, not onl y
for the schools but for the Town, almost impossible . Motion carrie s
by roll call vote of Ayes : Ruth Cannon, Peter W . Siemens, Brent N .
Ventura and Mayor Ferrito . Noes : None . Abstained : MarLyn J .
Rasmussen .
PROPOSITION Mr . Ventura moved Council oppose Proposition 10 because of loss o f
NO . 10 local control and the fraudulent and misrepresentation in which th e
petition was circulated . Mr . Siemens seconded as he feels it limit s
kind of control the local communities can adopt . Mrs . Canno n
opposed the Proposition . Mrs . Rasmussen stated she would abstai n
again on grounds that she believes it is the individuals right t o
vote on each and every proposition . Mr . Ferrito stated he is i n
favor of the motion as he feels this proposition would adversel y
affect the senior housing, the landbanking program and could ver y
well affect the below market housing program . Motion carries by rol l
call vote of Ayes : Ruth Cannon, Peter W . Siemens, Brent N . Ventur a
and Mayor Ferrito . Noes : None . Abstained : MarLyn J . Rasmussen .
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May 5, 198 0
Los Gatos, California
.31 7
REPORTS OF Mrs . Cannon reported on ICC Jobs/Housing and Transportatio n
COUNCIL Imbalance meeting, and had copy of rules and regulations if an y
Council members would care to see them .
Mr . Siemens requested that Council and Planning packets be pu t
in Library for citizens to review before the meetings .
Mr . Ferrito reported on the IGC meeting .
COUNTY Mr . Siemens moved Council accept staff recommendation of Count y
REFERRALS referral :
121'66 .5 Loma Prieta Television Modification of us e
12P72 .7 Mountain Communications,permit fo r
Inc .television towe r
P .C . 4-17-8 0
Mrs . Cannon seconded . Unanimously carried .
PLANNING Mr . Hill explained the ordinance, stating it delets the 4/5 votin g
COMMISSION requirement for determinations, and substitutes that a majorit y
APPEALS of Council vote is all that is necessary . Mrs . Rasmussen state d
VOTING she had checked the Town code book and could not find anywhere a s
REQUIREMENTS to what rules of order the Council operates with . If that is true ,
she feels it's time the Council has some rules, and moved tha t
the Council adopt the Robert's Rules of Order . Mr . Hill state d
Robert's Rules of Order are not the best choice for a legislativ e
body . They are designed for the deliberation of other sorts o f
bodies . The first rule of a legislative body is to make your ow n
rules . After some discussion, Mr . Ferrite, asked for ,roll call vote .
Ayes : Ruth Cannon and MarLyn J . Rasmussen . Noes : Peter W . Siemens ,
Brent N . Ventura and Mayor Ferrito . Motion fails . Sue LaForge ,
Executive Manager of Chamber of Commerce, requested continuance of
this issue, to allow people in the community an opportunity to speak .
After further discussion, Mr . Siemens moved reading be waived fo r
ORDINANCE AMENDING THE ZONING ORDINANCE CONCERNING VOTING ON APPEALS .
Mr . Ventura seconded . Unanimously carried . Clerk read title .
Mr . Siemens moved Ordinance be introduced . Mr . Ventura seconded .
Carried by roll call vote of Ayes : Peter W . Siemens, Brent N . Ventura ,
and Mayor Ferrito . Noes : Ruth Cannon and MarLyn Rasmussen .
Mr . Siemens moved the adoption of Ordinance be agendized for May 12 ,
1980 . Mr . Ventura seconded . Carried by vote of three ayes ;
Mrs . Cannon and Mrs . Rasmussen voting no . Attorney Hill to repor t
to Council if this issue can be heard and adopted at May 12, 198 0
meeting . Mayor stated if Attorney informs Council this cannot b e
heard on May 12, then it will be on the May 19 meeting .
BIKE LANES Mr . Warnick reported to Council that a post card survey had bee n
ON made on "no parking" along Los Gatos Boulevard and 18 propert y
LOS GATOS BLVD . owners objected to this . After some discussion, Mr . Ventur a
moved this be brought back at the next regular meeting to allo w
Council to inspect a larger scale map to show the full project .
Mr . Siemens seconded . Unanimously carried .
EMERGENCY Mrs . Cannon moved Council accept staff report and have tan chi p
ACCESS seal put over existing asphalt surface between the two cul-de-sa c
HARWOOD CT .bulbs . Mr . Ventura stated he would second that motion if it woul d
AND include rolling curb . Mrs . Cannon stated her motion would includ e
SANTA ROSA DR . that . Unanimously carried .
C .B .Attorney Reedy, 101 Church Street, spoke against the complain t
HANNEGAN'S re the non-conforming building expansion of C . B . Hannegan's a t
208 Bachman Avenue . He stated they have tried to follow al l
compliances . Chris Benson, also spoke on behalf of the complain t
of an enclosed storage room, stating he will take the roof of f
the storage room and leave it open, if that is a problem . Speaking
May 5,198 0
Los Gatos, Californi a
C . B .against this project were Bob E . Lee and John Lee o f
HANNEGAN'S 106 Massol Avenue . After further discussion, Mr . Siemen s
moved Council direct staff to inform the owners that a
conditional use permit is required and they should mak e
application to the Planning Commission . Mr . Ventura seconded .
Carried by vote of three ayes ; Mrs . Cannon and Mrs . Rasmusse n
voting no .
RECESS Mayor declared a five-minute recess . Meeting reconvened at 10 :40 p .m .
Mr . Warnick stated his office will arrange for the inspection b y
the mechanical engineer, and give Council a further report on thi s
matter at a future date . Council accepted Mr . Warnick's report .
Mrs . Cannon stated since the new Council majority voted to approv e
low cost housing (high density, mostly non senior citizen housin g
for the Town of Los Gatos) without a vote of the people as prescri-
bed by State law, I move that the Town Attorney be instructed t o
seek the opinion of the State Attorney General as to the legalit y
of such action . Mrs . Rasmussen seconded . Carried by vote of fou r
ayes . Mr . Ferrito voting no .
PROPOSALS FOR Mrs . Rasmussen moved Council proceed with time schedule,a s
DEVELOPERS recommended by staff,on the request for Proposals from developers .
Mr . Siemens seconded . Unanimously carried .
DEVELOPER Mayor Ferrito stated the Committee will be comprised of the followin g
SELECTION people representing the below-listed groups :
COMMITTEE Town Council Marlyn Rasmussen and Brent Ventur a
APPOINTMENTS Planning Commission Lois Chapso n
Community Service s
& Development Comm ..
and elderly Catherine Smith
Handicapped & Paren t
with small children Dennis Burrow
Mrs . Cannon moved Jill Cody be given a letter by the Town requestin g
the services of Sylvia Seman,of the Palo Alto Housing Corporation ,
toserve on the committee as the housing consultant .Jir ..Siemen s
seconded . Unanimously carried .
PARKING Mr . Ventura moved for adoption of Resolution No .1980-54 entitle d
CITATIONS A RESOLUTION APPROVING AGREEMENT WITH COUNTY OF SANTA CLARA
ADJUSTING PERCENTAGE DISTRIBUTION OF FINES AND FORFEITURES - PENA L
CODE SECTION 1463 . Mr . Siemens seconded . Unanimously carried .
KNOWLES DRIVE Mrs . Cannon moved to accept staff recommendation and approve th e
ASSESSMENT negative declaration . Mr . Ventura seconded . Unanimously carried .
Mrs . Cannon moved to approve an appropriation of $7,500 .00 fro m
General Fund for appraisal work for the Knowles Drive Assessmen t
District . Mr . Siemens seconded . Unanimously carried .
PERS CONTRACT It was . consensus of Council this be continued to June 16, 1980 .
AMENDMENT
Mr . Ventura questioned the high fence installed at southwest corne r
of Camino del Cerro and Los Gatos-Almaden Road . Mr . Warnick-state d
letter has been sent to the developer but has no answer to date .
ADJOURN Mr .Ventura moved meeting be adjoured at 11 :20 p .m .,to Monday,7 :30 p
May 12, 1980 . Mr . Siemens seconded . Unanimously carried .
ATTEST :
. -6-
NOISES OF
A/CONDITIONE R
AT NEIGHBOR -
HOOD CENTE R
LANDBANKIH G
PROGRAM