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