M 11-03-198040 3
November 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 :30 p .m . in regular session .
ROLL CALL PRESENT : MarLyn J . Rasmussen, Peter W . Siemens, Brent N .
Ventura and Thomas J . Ferrito .
ABSENT : Ruth Canno n
PLEDGE O F
ALLEGIANCE Given by . all in attendance .
MINUTES Mr . Ventura stated the October 27, 1980 minutes -page 5 ,
subject - APPEAL - 14 W . MAIN STREET to read, "Mr . Ventura
stated he could not support application for the Use Permit o r
Architecture and Site Permit that would make office use . i n
the basement on this property conforming ."
Page b, subject - TOWN MEDIATION BOARD -to read, "Motio n
carried by vote of three ayes . Mrs . Cannon absent and Mr .
Ventura abstaining ."
Page 4,subject - VACATION OF LAUREL AVENUE on the vote o n
motion, Mr . Ventura wishes his reason for voting no to b e
stated as follows : "Mr . Ventura opposed motion as he feel s
it is the Council's duty to try and recoup for the Town ,
whatever the fair market value of that land is . It is no t
an option, but is a duty and mandatory ."
Mr . Ventura movea minutes be approved as corrected . Mr .
Siemens seconded . Unanimously carried .
WRITTEN 1 . Notice from Pacific Gas & Electric Co . of applicatio n
COMMUNICATIONS filed with Public Utility Commission of their request fo r
authorization under the Energy Cost Adjustment Clause t o
decrease its electric rates and charges related to energ y
costs .
2 . Notice from Pacific Gas & Electric Co . Of applicatio n
filed with Public Utility Commission of their request fo r
authorization for proposed changes in gas rate design .
3•Notice from_. Jane E ..Zils of application filed with Publi c
Utility Commission for interim authority to operate a
Passenger Stage Company, in order to provide home-to-wor k
bus service between Ben Lomond, and the Lockheed Missile s
and Space Company in Sunnyvale . No action taken .
/. Letter. from Barbara Arnold, Parade Chairman of San Jos e
Dance Theatre, requesting permission to have a concessio n
booth in the Town Plaza during the Christmas Parade ,
December 6, 1980 . Mrs . Rasmussen suggested Council se t
policy for future request and have Chamber coordinate a
list of all non-profit groups and submit to Council a t
one time . Mayor stated he feels Council should have th e
say . Mr . J . Panighetti, representing the Chamber o f
Commerce, stated he would take any suggestions back t o
the Chamber . After further discussion, Mayor Ferrit o
appointed Mr . Ventura and Mrs . Rasmussen as a committe e
to study this issue and return to Council with suggestions .
,Mrs .Rasmussen moved request be granted . Mr . Ventur a
seconded . Unanimously carried ..
5 . Letter from Ea Burke of the Los Gatos Athletic Club, statin g
they are sponsoring a 5 kilometer and 10 kilometer race .
This event to be held on December 14, 1980 at 9 :00 a .m .
and are requesting Council's approval for use of street s
as designated on the route map . Mayor Ferrito referre d
to Chief Johnson's report and change of route in one area .
Mrs . Rasmussen moved request be granted with route to b e
changed as recommended by Police Chief . Mr . Siemen s
seconded . Unanimously carried .
404.
November j, 198 0
Los Gatos, Californi a
WRITTEN 6 .
COMMUNICATION S
(CONTINUED)
7 .
8 .
Letter from Andrew Monteverde requesting Council's approva l
of appointment o f -Scott Pastrone to the West Valley Out -
reach Project Advisory Board for a one year term . Mr .
Siemens moved appointment be granted . Mr . Ventura seconded .
Unanimoulsy carried .
Letter from No on 8 Caanittee requesting Council's
endorsement in opposition to Proposition No . 8, pertainin g
to controlling any future development of our North Coasta l
Rivers . Note and file .
Treasurer's monthly report for the month of September, 1980 .
VERBAL Linda Barnett, 316 Los Gatos Boulevard, stated study session s
COMMUNICATIONS held jointly by the Planning Commission and Council are not .
taped and she feels the discussion held at those study session s
are very helpful in making a final decision on some matter s
and asked that the study sessions be taped . It was consensu s
of Council to tape the next study session as suggested .
BID AWARD - LOS Mrs . Rasmussen moved to accept staff recommendation and awar d
GATOS CREEK REPAIR contract to low bidder, Ground Stability Construction, Inc .,
PROJECT (SF 80-1) in the bid amount of $15,300 .00 and authorize Mayor and Cler k
to sign the standard construction agreements on behâlf-of the -
Town . Also, appropriate $17,000 from the Sanitary Sewer Fun d
to cover construction costs and contingencies . Mr . Ventur a
seconded . Unanimously carried .
BID AWARD -After general discussion on deletion of an item from the bi d
WORCESTER AND LA as reported by Acting Director of Public Works, Mr . Ventur a
RINCONADA PARK -moved bid be awarded to low bidder, Valley Crest Landscaping ;
PROJECT (241-PT)Inc . Authorize Mayor and Clerk to sign the contract on behal f
of the Town . Council to also allocate $180,000,. fromPark Tax
Override Fund and $70,000 from the General Fun d -Reserve t o
cover the project cost, plus contingencies . Mrs . Rasmusse n
seconded . Unanimously carried .
SENIOR.Mr . Ventura voiced his concerns resection 3 (b) _Guideline s
COORDINATING and questioned whether its proper or desirable to .have thos e
COUNCIL employed by SCC not to be able to encourage individual s
AGREEMENT political actions and feels that is within the scope of thei r
educational duties and functions of the Town . Mrs : Rasmusse n
stated she and Mr . Siemens had worked many hours on thi s
contract and it was a concern of a number of people who ha d
been involved with SCC in the past that they not use thei r
newsletter to promote a particular issue or particula r
candidate and that is now that came about . Mr . Hays, Town
Attorney, stated instead ofchanging the signed contract th e
possibility of sending along a cover letter stating Council's
concerns as to the political issue . This being agreeable t o
Council, Mr . Ventura moved for adoption of Resolution No .
1980-165 entitled,A RESOLUTION APPROVING AGREEMENT AND FIRS T
ADDENDUM THERETO BETWEEN TOWN OF LOS GATOS AND SENIO R
COORDINATING COUNCIL . Mrs . Rasmussen seconded . Unanimousl y
carried .
AGREEMENT FOR Mr . Ventura moved for adoption of Resolution No . 1980-16 6
ANALYSIS OF TOWN entitled, A RESOLUTION APPROVING AGREEMENT WITH HUGHES, HEIS S
ATTORNEY POSITION & ASSOCIATES PROVIDING FOR ANALYSIS uF TOWN ATTORNEY POSITION :
Mrs . Rasmussen seconded . Unanimously carried .
ADDENDUM TO Mr . Ventura moved for adoption of Resolution No . 1980-16 7
AGREEMENT FOR entitled, A RESOLUTION APPROVING ADDENDUM TO AN AGREEMEN T
ANALYSIS OF TOWN WITH HUGHES, HEISS & ASSOCIATES PROVIDING FOR AN ANALYSIS O F
ATTORNEY POSITION TOWN ATTORNEY POSITION . Mrs . Rasmussen seconded . Unanimousl y
carried .
40 5
November 3, 195 0
Los Gatos, California
ADDENDUM TO Mr . Ventura moved for adoption of Resolution No . 1950-165 ,
AGREEMENT WITH entitled, A RESOLUTION APPROVING ADDENDUM TO AGREEMENT WIT H
WALTER V . HAYS WALTER V .NAYS OF HERH.ICK, LUNDGREN, HAYS, SHAFFER &\
LANCEFIELD, A LEGAL ASSOCIATION . Mrs . Rasmussen seconded .
Unanimously carried .
NOTICE OF Mr . Ventura moved for approval of Notice of Completion an d
COMPLETIONS -Certificate of Acceptance on the following :
TRACTS 6418, 6242,1 . Tract 6418 - #1 Bayview Avenue (American Nationa l& 6053 Development Corporation )
2 Tract 6242 - Mozart Avenue (Building Trends, Inc .)
3 .Tract 6053 - Mozart Avenue and Oka Lane (Cal-Co m
Leasing & Development, Inc .)
Authorize Mayor to execute said Notices for each project .
Mrs . Rasmussen seconded . Unanimously carried .
EIR CONSULTANT Mr . Ventura moved for adoption of Resolution No . 1950-169
SERVICES EARTH entitled, A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN O F
METRICS, INC .LOS GATOS AUTHORIZING EXECUTION OF A CONTRACT FOR CONSULTAN T
SERVICES . Mrs . Rasmussen seconded . Unanimously carried .
MONTHLY Mr . Ventura moved the November Planning Report be accepte d
PLANNING REPORT with the suggestion of Mayor that all future reports sho w
dates as to when the different projects will be coming up .
Mrs . Rasmussen seconded . Unanimously carried .
PAYROLL AND Mr . Ventura moved for approval of the October payroll in th e
WARRANT DEMANDS amount of $257,243 .15 and the October warrant demands in th e
FOR OCTOBER amount of $340,521 .97 . Mrs . Rasmussen seconded . Unanimousl y
carried .
DAS APPEAL Mayor Ferrito stated this was the time and place duly note d
for the continued hearing on the appeal of Planning Commission's
denial of the 4-lot subdivision on Westhill Drive . Plannin g
Director, Lee Bowman, stated this appeal had been continue d
at the request of the applicant so that the results of th e
hearing• on the General Plan amendment for Surmont Drive woul d
be known . The Town Council adopted Resolution No . 1980-14 7
on October 6, 1980 which amends the General Plan by deletin g
Surmont Drive as a mountain collector . This change in th e
General Plan allows the possibility of alterEative stree t
patterns for the Das and Anderson properties . Since th e
possibility of alternate street patterns was not open to th e
Planning Commission at the time this application was heard ,
the Town Council may wish to remand the application to th e
Planning Commission and Development Review Committee fo r
consideration . Ivir . Saxe, representing Das stated they wer e
working on a new proposal and would like this to be sent bac k
to Planning and DRC . Richard Gaines, Planning Commissio n
Chairman, stated if this is sent back to Planning, it-shoul d
be a total package so it will save time .After furthe r
discussion, Mr . Ventura moved hearing be closed . Mrs . Rasmusse n
seconded . Unanimously carried . Mr . Ventura moved this appea l
be remanded back to Planning Commission and Development Revie w
Committee as recommended by staff . Mr . Siemens seconded .
Unanimously carried .
AMENDMENT OF Mayor Ferrito stated this was the time and place duly publishe d
ZONING ORDINANCE for public hearing to consider an amendment to the Zonin g
RE NOISE Ordinance relating to noise ordinance standards . There bein g
no one wishing to speak on this issue, Mr . Ventura moved hearin g
be closed . Mr . Siemens seconded . Unanimously carried . Mr .
Ventura moved reading be waived for ORDINANCE AMENDING TH E
ZONING ORDINANCE OF THE TOWN OF LOS GATOS TO REPEAL SECTIO N
3 .70 .010 RELATING TO NOISE STANDARDS . Mrs . Rasmussen seconded .
Unanimously carried . Clerk read title of ordinance . Mr . Siemens
moved ordinance be introduced . Mr . Ventura seconded . Unanimousl y
carried .-
3
406
November 3, 198 0
Los Gatos, Californi a
REPORT ON HIGHWA Y
1 7
DELL' ENTERPRISE S
KNOWLES DRIVE
DEDICATIO N
RESPONSES T O
COMPLAINTS R E
DOGS
INFORMATION &
REFERRA L
AGREEMEN T
NEIGHBORHOO D
CENTER AIDE S
FUNDIN G
RESCINDIN G
SPEED LIMI T
ORDINANCE
Mayor Ferrito stated this was the time and place duly note d
as public hearing to consider report on the closure o f
Highway 17, signing of Los Gatos Exits and report on Saratog a
Avenue interchange . Mr . Van Houten referred to his repor t
stating he had discussed the temporary closure and signing o f
the northbound Santa Cruz Avenue off-ramp and CalTrans is willin g
to cooperate on the temporary closure and will provide th e
necessary signing on Highway 17 if the Town will install th e
temporary closure devices . He spoke on preliminary plan fro m
CalTrans which shows two locations for temporary closur e
signs that indicate "Los Gatos Off Ramp Closed" and on e
additional sign indicating "CENTRAL LOS GATOS SECOND RIGHT".
These signs would be installed at no cost to the Town . The y
would be operated by the Los Gatos Police Officers . Chie f
Johnson explained the department position re operating th e
off ramp closure signs . After further discussion, Mr . Ventur a
moved hearing be closed . Mr . Siemens seconded . Unanimousl y
carried . Mrs . Rasmussen moved to accept the recommended actio n
as presented by Engineer and to include signing . Mr . Ventur a
seconded . Unanimously carried .
Acting Town Manager, Richard Perry, requested this be continue d
to get clarification from Bond Counsel before entering int o
an agreement . Neil ham, representative of Dell Enterprises ,
stated he was in agreement with request . Mrs . Rasmussen move d
request be granted and this be continued to November 17, 1980 .
Mr . Ventura seconded . Unanimously carried .
Staff presented report on citation re complaint of resident s
of Verona Court regarding a neighbor, allowing her dogs to bar k
excessively thereby disturbing the peace . And another complain t
about the zoning and health violations at100 ,Tait Avenue .
Councilman Ventura suggested that staff, when responding t o
said complaints, inform complaintants-that Council_Lad reviewe d
and .discussed these issues before referring them to,staff .for
investigation . Mrs . Rasmussen moved to note and file complaint s
and staff to follow up on said complaints in 90 to 120 days .
Mr . Siemens seconded . Unanimously carried .
Jill Cody, Director of Community Programs, presented Resolutio n
and Agreement between the Town and Information & Referra l
Service for the Provision of Landlord/Tenant services, statin g
there were some changes to be made in the agreement . SECTIO N
1, A-6 Annual Report, should read, ".annual report to b e
submitted no later than November 15, 1981". SECTION III, Time
of Performance should read, ".. the term is one year perio d
from November 1, i95O through October 31, 1981 . SECTION IV .
Compensation and Method of Payment, A, the last words of th e
first sentence to read, ".paragraph IV B ., and under IX
Termination - 2nd sentence to read "... terminate thi s
agreement upon 30 days written notice ...". Mr . Siemen s
moved agreement be approved as amended and adopt Resolutio n
No . 1980-170 entitled, RESOLUTION OF AGREEMENT BETWEEN TOW N
OF LOS GATOS AND SANTA CLARA COUNTY INFORMATION & REFERRA L
SERVICE, INC . FOR PROVISION OF LANDLORD/TENANT CONFLIC T
RESOLUTION SERVICE . Mrs . Rasmussen seconded . Unanimousl y
carried .
Mr . Siemens moved Council accept staff recommendation an d
make an appropriation of $1,450 .00 from the Community Program s
budget 28-XX-512 to General Town Administration 10-23-512 .
Mr . Ventura seconded . Unanimously carried .
Mr . Ventura moved for adoption of Ordinance No . 1479 entitled ,
AN ORDINANCE OF THE TOWN OF LOS GATOS REPEALING ORDINANCE NO .
1470 . Mr . Siemens seconded . Unanimously carried .
November 3, 198 0
Los Gatos, California
4 0
OOMMUNI(JATION RE
PLANTING OF TREES
- WALNUT AVENUE
ADJOURNMENT
Mr .Ventura referred to a communication received from Phylli s
- Seaborn, re planting of trees on Walnut Avenue . It wa s
consensus of Council this be referred to staff for study an d
report back to Council .
Mr . Ventura moved meeting be adjourned at 8 :55 p .m . t o
executive session Mr . Siemens seconded . Unanimously carried .
Meeting reconvened at 10 :00 p .m . and adjourned at 10 :02 p .m
ATTEST :