M 11-17-1980November 17, 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 : MarLyn J . Rasmussen, Peter W . Siemens, Brent N .
Ventura and Mayor Thomas J . Ferrito .
ABSENT : Ruth Cannon ..
PLEDGE O F
ALLEGIANCE Given by all in attendance .
MINUTES Mr . Ventura stated the November 3rd, 1980, minutes, page 4
subject - REPORT ON HIGHWAY 17 (the motion to accept th e
recommended action as presented by Town Engineer), shoul d
reflect that he seconded the motion with the clarificatio n
that the three signs indicating Monte Sereno and Saratog a
exits will now be designated as CENTRAL LOS GATOS DISTRICT .
Page 4, subject - INFORMATION AND REFERRAL AGREEMENT . Mr .
Ventura abstained on the vote to adopt Resolution No . 1980-170 .
Mr . Ventura moved minutes be approved as corrected . Mr .
Siemens seconded . Unanimously carried .
WRITTEN 1 . Letter from Sue N . Barrett, Principal of Louise Van Mete r
COMMUNICATIONS School, requesting the removal of the red line curb nex t
to the school on Nino Avenue to accomodate more parkin g
spaces . Acting Town Engineer stated this has been take n
care of . Council instructed Acting Town Engineer t o
respond to Ms . Barrett .
2 . Letter from Dan W . Yoder, 18500 Aquino Way, Saratoga ,
objecting to the new "NO PARKING 'LONE" on N . Santa Cruz
Avenue from 2 :00 p .m . to 7 :00 p .m ., on Sundays,. It was
consensus of Council this be referred to staff or response .
3 .
4 .
COUNCIL Mayor Ferrito referred to letter received from the Senio r
COMMUNICATIONS Coordinating Council supporting the HUD Project and asked tha t
this be held until the December 1st meeting when this projec t
will be discussed .
Mayor Ferrito referred to letter received from Lois Chapso n
re the problems of noise and pollution from trucks and equipmen t
from the Town Service Center . Letter referred to Acting Town
Engineer for a report to Council at a later date .
Mayor Ferrito referred to communication received from City o f
Cupertino, asking that each city appoint two representatives ,
one disabled and one able-bodied (preferably a Council Member).
These two would represent the Council in coordinating program s
throughout Santa Clara County . Council should give suggeste d
names to Mayor Ferrito .
Mayor Ferrito stated he had been advised by the Town Clerk tha t
the Council has established a Youth Advisory Commission . Th e
Commission is to consist of five students and two adults, an d
to date the Town has received only five applications (thre e
students and two adults). Mayor Ferrito stated he would lik e
to request the press to note in their publications the nee d
for more applications . Mrs . Rasmussen suggested that she an d
Mr . Ventura arrange to go to some of the Junior and Senio r
High School classes and inform the students of the Council's
need for interested students to participate in this Commission .
The Interim Town Manager was instructed to send letters to th e
schools and asking them to inform students of the Commissio n
openings .
Revenue and Expenditure reports for October,1980, from
the Office of Town Clerk .
Treasurer's report for the month of October,1980 .
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November 17, 198 0
Los Gatos, Californi a
VERBAL Mr . William R .Spendlove,from audience, requested Counci l
COMMUNICATIONS to prepare a Proclamation designating December 2nd throug h
December 7th as "Automotive Appreciation Week". Mrs . Rasmusse m
moved request be granted . Mr . Ventura seconded . Unanimousl y
carried ,
Russell Louthian, 129 Loma Alta Avenue, spoke to Counci l
regarding a new housing program the Community Services an d
Development Commission has been researching and that is th e
Joint Venture Home Ownership Program . He stated the Commissio n
would like to formalize this program and design a Town progra m
of assistance and spoke of some problems before formalizin g
said program . He also stated the Commission would be intereste d
in any suggestions from Council . It was consensus of Counci l
the concept was good and would like to see what could be worke d
out .
Dom Sallitto, from the audience spoke on the lack of telephon e
facilities in the Council Chambers lobby. He also requeste d
lights be installed in the phone booth located at the entranc e
of the library . Mayor Ferrite stated these requests will b e
looked into .
J . Lewis, 24095 Summit Wood RC, spoke on the lack of acces s
to different businesses in Los Gatos to the handicapped .
Naming the Noodle Palace and the new bank on Los Gatos Boulevard ,
located in New Town . Buidling Official,Archie Watson, reporte d
to Council that the Noodle Palace has been cited for lack o f
accessibility and knew of no other building in violation, bu t
he would investigate . Mr .Lewis also spoke on the lack of curb
cuts at the Old Town Parking Lot . After further discussion ,
it was consensus of Council that access committee should wor k
with staff on these problems .
BID AWARD Acting Town Manager referred to his report re current an d
future vehicles needs in the Police Department and recommende d
the following ;
1 . Approve the purchase of the two new patrol cars o n
the basis that while the total LGPD fleet size is adequate ,
the number of patrol units may be inadequate to meet pee k
patrol needs .
2 . Freeze the fleet size at 23 automobiles until a
utilization study is completed .
3 .Through a more efficient mix of the fleet, reduce th e
LGPD automobile size by . at least two unmarked vehicles . Thi s
would begin with elimination of one unmarked vehicle schedule d
and budgeted for replacement this fiscal year .
4 .Staff to conduct a Town wide vehicle utilization analysi s
between now and budget time which would include a review of :
a.Department's take-home policies .
b.Size of patrol cars and other vehicles .
c.Replacement schedules in light of increase d
capitalization costs .
d.Downtime (repair) information .
e.Opportunities to diminish the Town's total fleet .
5 . Town investigate and initiate a program to improve fue l
efficiency through the use of vacuum gauges and associated trainin g
for Town employees . Reference was made to the report fro m
Chief Johnson . After further discussion, Mrs . Rasmusse n
suggested only item number one of Acting Town Manager's repor t
be accepted, as new Town Manager will soon be aboard . Mr .
Siemens moved Council accept all recommendations and accep t
the low bid of West Valley Dodge in the amount of $18,134 6 8
and that the unexpended balances in capital expenditure account s
583-5 ($78 .32)and 583-6 ($68 .30)be transferred to capita l
account 583-9 to accomodate the bid price . Mr . Ventura seconded .
Unanimously carried ,
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November 17, 198 0
Los Gatos, Californi a
BID AWARD Mr . Ventura moved Council accept staff recommendation andDOWNTOWNaward the contract for this project to the low bidder, Ne wNEIGHBORHOODWest Construction, in the amount of $164,292 .00 and authoriz e
CENTER - PHASE II the Mayor and Clerk to sign the contract on behalf of th e
Town . Mrs . Rasmussen seconded . Unanimously carried .
BID AWARD CIVIC Mrs . Rasmussen moved Council accept staff recommendation an d
CENTER HANDICAPPED award the contract for the project to the low bidder, R .ACCESS - PROJECT Christensen Construction Co .,Inc .,in the amount of $58,970 .0 0
237-CT and authorize the Mayor and Clerk to sign said contract o n
behalf of the Town . Also, appropriate $62,000 .00 from th e
Construction Tax Fund to cover said contract . Mr . Siemen s
seconded . Unanimously carried .
CIVIC CENTER Mr . Ventura moved Council accept staff recommendation an dUNDERGROUNDapproveasupplemental appropriation in the amount of $15,076 .0 0UTILITY DISTRICT to cover additional cost of the project . Mr . Siemens seconded .Unanimously carried .
TRAFFIC SIGNALS Mr . Ventura moved Council accept staff recommendation an dMORE AVENUE -allocate $40,000 .00 from Section 2107 Gas Tax Fund (to cove rPOLLARD ROAD the Town's share of said project) and authorize the Clerk t oPROJECT 234-SS forward payment to the City of Campbell as per the cooperativ e
agreement . Mr . Siemens seconded . Unanimously carried .
FORBES MILL Mr . Ventura moved Council accept staff report on the complain t
(HOVER COMPLAINT) of Wade Hover re construction of the Forbes Mill Project . Mr .Siemens seconded . Unanimously carried .
NOTICE OF Mr . Ventura moved Council approve the Notice of Completion an dCOMPLETION TRACT Certificate of Acceptance for Tract No . 6514, Kennedy RoadNO. 6514 (Maslesa Development). Mr . Siemens seconded .Una imously carried .
PARKING CITATION Mr . Ventura moved for adoption of Resolution No . 1980-171PROGRAMentitled, RESOLUTION AUTHORIZING AGREEMENT WITH DATADOM SYSTEM S
CORPORATION, concerning the processing of parking violatio ncitations issued by the Los Gatos Police Department and th e
Mayor be authorized to sign said agreement . Mr . Siemensseconded. Unanimously carried .
COUNTY REFERRALS Mr . Ventura moved Council accept staff recommendations o n
County Referrals stating the projects are outside the Urba n
Service Area and also, accept Planning Director's report r e
San Jose Referral on their 1980 General Plan Annual Review .Mr . Siemens seconded . Unanimously carried .
ZONING ORDINANCE Mr . Ventura moved for adoption of Ordinance No . 1480 entitled ,AMENDMENT -ORDINANCE AMENDING THE ZONING ORDINANCE OF THE TOWN OF LO SDELETE NOISE GATOS TO REPEAL SECTION 3 .70 .010 RELATING TO NOISE STANDARDS .SECTION Mr . Siemens seconded . Unanimously carried .
REZONING Mr . Ventura moved for adoption of Ordinance No . 1481 entitled ,KAVANAUGH ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONING ORDINANC EPROPERTIES -EFFECTING ZONE CHANGE NO .44 FROM R-1 :8,000 to "0". (Thi sNATIONAL AND ordinance had been pending until all conditions were met). Mr .CAMINO DEL SOL Siemens seconded . Unanimously carried .
BONNIE LANE -Mayor Ferrito stated this was the time and place duly publishe dREZONINGfor the public hearing on the request for zone change fro mR-1 :8,000 to R-1 :20,000, for the Bonnie Lane area . Plannin g
Director, Lee Bowman, stated hearings had been heard at th e
Planning level and they are recommending the zone change . Mr .
Karl Bumpass, representing Mr . & Mrs . Hatch, spoke agains t
the rezoning and requested the Hatch's property be exclude d
from any rezoning . Mrs . Hatch also spoke against the rezoning ,and presented to the Clerk a letter from Bob Berg, who is als o
opposed to the rezoning . Speaking in support of the rezonin gwere Karen Ettinger and Mr . and Mrs . Kishler ?who stated the y
-
CARETAKERS UNIT S
ZONING ORDINANC E
AMENDMEN T
ROCHIN TERRAC E
NO .2
ANNEXATION
COUNCIL REPOR T
DELL ENTERPRISE S
KNOWLES DRIVE
DEDICATIO N
APPROVIN G
SUBDIVISIO N
TRACT 687 8
(LAMPE)
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November 17, 198 0
Los Gatos, Californi a
wished to keep this neighborhood rural and unique and als o
stated the rezoning is consistent with the General Plan .
After further discussion and no one else wishing to speak ,
Mr . Ventura moved hearing be closed . Mrs . Rasmussen seconded .
Unanimously carried . Mr . Ventura moved Council make th e
Negative Declaration . Mr . Ferrito seconded . Unanimousl y
carried . Mr . Siemens moved reading be waived for AN ORDINANC E
OF THE TOWN OF LOS GATOS AMENDING THE ZONING ORDINANC E
EFFECTING ZONE CHANGE FROM R-1 :8,000 TO R-1 :20,000 . Mr .
Ferrito seconded . Unanimously carried .Mrs .Rasmussen move d
request for zone change be approved with the exception of lot s
53 and 54 . Motion died for lack of second . Mr . Ventur a
moved Council accept Planning recommendation and the Ordinanc e
be introduced as proposed as it is consistent with the Tow n
General Plan .Mr .Ferrito seconded . Carried by vote of thre e
ayes . Mrs . Rasmussen voting no .
Mayor Ferrito stated this was the time and place duly publishe d
for the public hearing to consider Zoning Ordinance Amendmen t
s-80-7, deletion to references in the HR Zone relating t o
additional dwelling and addition of provisions for Caretaker s
Units as permitted if a conditional use permit is issued .
Planning Director, Lee Bowman, spoke on the recommendation s
of the Planning Commission . There being no one else wishin g
to speak on this issue,Mr .Siemens moved hearing be closed .
Mr . Ventura seconded Unanimously carried . Mr . Ventura move d
reading be waived for AN ORDINANCE OF THE TOWN OF LOS GATO S
AMENDING THE ZONING ORDINANCE CONCERNING ADDITIONAL DWELLING S
AND CARETAKES QUARTERS IN THE HR ZONE . Mr . Siemens seconded .
Unanimously carried . Mr . Ventura moved Ordinance be introduced .
Mr . Siemens seconded . Unanimously carried .
Mayor Ferrito stated this was the time and place duly publishe d
for the public hearing on RochinTerrace No . 2 Annexation .
There being no one wishing to speak on this issue, Mr . Ventur a
moved hearing be closed . Mr . Siemens seconded . Unanimousl y
carried . As .no written protests have been filed,Mrs ..
Rasmussen moved for the adoption of Resolution No . 1980-172 ,
entitled, A RESOLUTION APPROVING THE ANNEXATION OF CERTAI N
INHABITED TERRITORY DESIGNATED AS ROCHIN TERRACE NO . 2 TO TH E
TOWN OF LOS GATOS . Mr . Ventura seconded . Unanimously carried .
Mr . Ventura stated the HCD Council Committee met the firs t
week of the month and discussion was held on the 7th yea r
funding of the program . The committee voted to give highes t
priority to ongoing projects at that time . As the Town ha s
completed all their projects, there may be problems in gettin g
funding for new projects and Mr . Ventura wanted Council to b e
aware of this .
Acting Town Manager, Richard Perry, stated a request had bee n
received from Dell Enterprises, asking to withdraw this ite m
due to technical problems . It was consensus of Council t o
accept said request .
Acting Town Engineer, stated monies have been received for th e
easements and all is in order to adopt the necessary resolutions .
Mrs .. Rasmussen moved for adoption of Resolution No . 1980-17 3
entitled, RESOLUTION AUTHORIZING AGREEMENT WITH SOUTHER N
PACIFIC TRANSPORTATION COMPANY . Mr . Siemens seconded .
Unanimously carried .
Mrs . Rasmussen moved for adoption of Resolution No . 1980-17 4
entitled, RESOLUTION APPROVING AND ACCEPTING FINAL MAP O F
TRACT NO . 6$78 . Mr . Siemens seconded . Unanimously carried .
November 17, 198 0
Los Gatos, Californi a
VILLA VASONA LTD Acting Town Attorney, Mr . Hays, stated there has been negotiation s
DEVELOPMENT with the developers and now he had a draft agreement still i n
AGREEMENT the process of being revised and referred to some of the issue s
that he need directions from Council to finalize said agreement .
Primary issue is the 50 year clause, as the developer ha s
expressed concern over this 50 year provision and if the Tow n
and Mr . Sheehan, the developer, cannot agree on this provisio n
the Town Council may elect to grant the project to number 2 o r
3 on the list of developers . It has been spelled out in th e
agreement that the project will stay low-and-moderate incom e
housing forever . Discussion was held on standards in whic h
the property should be maintained . Mr . Siemens suggested the
Town standards be spelled out in the agreement . Mr . Hays
questioned if HUD would accept that . Council then discusse d
the payment of fees and the agreement calls for the develope r
to pay all escrow and closing cost fees . Mr . Siemens state d
one thing he would like to see in the agreement is the preferenc e
for Los Gatos residents to rent these low-income housing units .
Mr . Ventura asked about the limitations of transfer . Mr . Hay s
stated that had not been put into the agreement as yet . Mr .
Sheehan, spoke on the above changes, stating basically he agree s
with what has been said with the exception that when he wen t
into the development, he was under the impression that i t
would have the benefits of ownership and concerned re developmen t
reverting to the Town after fifty years . Mayor Ferrito questione d
as to whether all developers were aware of the 50 year provision .
After further discussion, Mrs . Rasmussen stated she woul d
like to study agreement before giving Mr . Hays further direction s
and moved this matter be continued to December 1st meeting an d
the agreement as discussed tonight be redrafted . Mr . Ventur a
seconded . Unanimously carried .
BLOSSOM HILL Acting Town Engineer stated he had contacted property owner s
ROAD PROJECT who had opposed this project when it was before the =Council a t
SS-201 the October 27, 1980 meeting, and each complaint has bee n
reviewed and spoke on the recommendations that are,;.before th e
Council tonight to go ahead with Plan C as shown on the poste d
map . Mr . Trejo, spoke against the proposed project an d
presented the Clerk with petition signed by 52 residents in th e
area opposing the Plan . Mr . Van Adams, 103 Mary Way, state d
he had been one of the property owner's that had proposed thi s
project for the safety of the people in the neighborhood .
Jack Parsons, 15880 Blossom Hill Road, spoke in opposition an d
referred to petition that was signed by 52 residents that i s
also opposed to said project . Ken Hornung,131 Mary Way ,
spoke on the many accidents that have occured in the Blosso m
Hill Road area and spoke in favor of a signal at Short an d
Blossom Hill Road . Mr . Bill Deffer, 15940 Blossom Hill Road ,
stated he has never been contacted, and if a signal wa s
installed it would take the frontage of his property . J .
Petroski, stated a traffic light installed at Blossom and Shor t
Road would not stop speeders, it would just cause more congestion .
Diane Carlson, 15830 Blossom Hill Road, spoke against the los s
of her property for widening and feels it will create mor e
traffic on Short and Shannon and she feels this should be se t
for a public hearing . Mr . Ventura inquired as to cost of sai d
project . Mr . Van Houten stated the cost of construction woul d
be $400,000 with County paying 25% of the cost . Mrs . Rasmusse n
moved to abandon the project . Mr . Ventura seconded, as h e
feels the project solves problems for one group but makes i t
worse for another group and from testimony heard tonight, h e
cannon support project . Motion fails with Mr . Siemens and Mr .
Ferrito voting no . After further discussion, Mayor Ferrit o
moved to refer back to staff for further study . Mr . Siemen s
seconded . Unanimously carried .
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November 17, 198 0
Los Gatos,California
41 3
Acting Town Engineer, Mr . Van Houten,presented plans an d
specifications for the Los Gatos Creek Bike Route .Mr .Fre d
Capp, 264 Las Miradas,spoke against the proposed project a s
it would necessitate cutting down some of the trees and woul d
also encourage houses being burglarized . Park Superintenden t
stated there would be no trees cut down . It was als o
questioned why the bike route could not be built on the othe r
side of the creek, and the width of the bike path was questioned .
It was felt that 8 foot was really not necessary . After
further discussion, Mr . Siemens moved to adopt the Negativ e
Declaration and adopt a resolution approving the Plans an d
Specifications and direct the Town Clerk to advertise for bids .
Mr . Ferrito seconded . Mrs . Rasmussen voted against the motion
as she is against the 8 foot path, the trail in its natura l
state is adequate and no need to spend that much money .Mr .
Ventura stated he would like to continue the matter for stud y
of placing the path on the other side of the creek and woul d
like to ask staff for cost of feasibility on this . Mr . Ferrit o
withdrew his second . Mayor Ferrito stated they will ask fo r
staff report on cost and feasibility of providing a trail o n
the other side of the creek. Mr .Ventura stated he would s o
move for continuance for staff report . Mr . Siemens seconded .
Motion carried by three ayes . Mrs . Rasmussen voting no .
SCHOOL CROSSING Mrs . Rasmussen moved to accept staff recommendation tha t
GUARD AT FISHER Council authorize the addition of one crossing guard positio n
SCHOOL in the Police Department and grant a supplementary appropriatio n
of $ 2,100 .00 to the Police Department to defray the estimate d
$1,800 .00 in salary for the remainder of the school year an d
$300 .00 for uniform and equipment items .This would assign a n
adult crossing guard at Blossom Hill Road and Roberts Road .
Mr . Ventura seconded . Unanimously carried .
1979 BUILDING Mr . Ventura moved for adoption of Resolution No . 1980-17 5
CODES entitled, A RESOLUTION CONCERNING CHANGES IN UNIFORM CODES --
HEALTH AND SAFETY CODE SECTION 17958 .7 . Mr . Ferrito seconded .
Unanimously carried . Mr . Siemens moved Clerk be authorized t o
set public hearing to consider the adoption of the 197 9
Building,Mechanical,Housing,,etc .codes .Mr . Ventura seconded .
Unanimously carried .
HILLSIDE Mr . Ventura spoke on the alternatives available to the Tow n
SUBDIVISION OPEN to preserve open space in the Hillsides and he feels the mos t
SPACE DEDICATION effective and reasonable way of approaching this, is to requir e
dedication of open space easements to public entities as a
condition of subdivision approval in the hillsides . It shoul d
be the policy of the Town to require these dedications of al l
hillside subdivisions . After further discussion, it wa s
consensus of Council for Mr . Ventura, Mr . Bowman and Mr . Hay s
to review this matter for a recommendation at a later date .
MEDIATORS Mrs . Rasmussen moved for adoption of Resolution No . 1980-17 6
CONTRACTS entitled, RESOLUTION APPROVING CONTRACT FOR MEDIATION SERVICE S
AND AUTHORIZING TOWN MANAGER TO EXECUTE SUCH CONTRACTS WIT H
QUALIFIED MEDIATORS . Mr . Siemens seconded . Motion carries ,
Mr . Ferrito and Mr, Ventura abstained .
ZONE CHANGE It was consensus of Council to accept Planning Director's
APPLICATION report on denial of zone change application Z-80-14 from R-1 :8,00 0
Z-80-14 to "0", 15347 National Avenue, Kosich Construction Company ,
ADJOURNMENT Mayor Ferrito declared the meeting adjourned at 12 :42 a .m .,
Tuesday,November 18, 1980 .
ATTEST :
PROJECT 243-S S
LOS GATOS CREEK -
BIKE ROUTE