M 02-01-198211 7
February 1, 198 2
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 : Ruth Cannon, Thomas J . Ferrito MarLyn J .
Rasmussen, Brent N . Ventura and Mayor Peter W .
Siemens .
ABSENT :None .
PLEDGE O F
ALLEGIANCE Given by all in attendance .
to the Council meeting, stating Council received informatio n
on the litigation of Villa Vasona ; Novitiate acquisition ;
Bandov property ; and O .L . Johns . Council also receive d
_; jnfprmation, re ,labgr negot tation,s with Group II Managemen t
,,Association and .AFS,CME,,;No. acti,pnAas taken .
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PRESENTATION Mayor Siemens presented William Stephens with a Resolution o f
Commendation for his service to the community and citizens o f
Los Gatos .
ITEMS Ii
The Town Manager reported on the Executive Session held prio r
SERVICE AWARDS Mayor Siemens presented Town Service Pins to the followin g
Town Employees :
PUBLIC WORKS DEPT . GeraldArgall 25 yrs .
PARKS DEPARTMENT Jim Sugai 20 yrs .
Ron Walter 15 yrs .
LIBRARY Margie Patterson 15 yrs .
Shirley Egan 15 yrs .
Jackie Spillane 5 yrs .
POLICE DEPARTMENT Wayne Saindon 10 yrs .
Robert Weber 10 yrs .
Charles Adams 10 yrs .
Robert Eger 10 yrs .
,Patricia Johnson 5 yrs .
„Mrs ; Rasmussen moved to,,add,ageoda :item 19(a), a request fro m
the Town Attorney ,to attend & League of California Citie s
Conference, continue item 18(a) and ex agenda items 18(b & c )
re-Med,iation Ord ;nances ;tojFebruary, 18, 1982 . Mr . Siemen s
seconded . Unanimously carried ..
COMMUNICATION Letter from O .L . Johns, 151 N . Santa Cruz Avenue, complain t
against Police Departments refusal to give equal protection ,
of the law . Mrs . Rasmussen moved this letter be referred t o
Town Attorney for response . Mrs . Cannon seconded .
Unanimously carried .
COUNCIL HEARING Mrs . Rasmussen moved to accept informational report as to th e
SCHEDULE schedule of Council hearings . Mrs . Cannon seconded .
Unanimously carried .
EXTRA AGENIDA F
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February 1, 198 2
Los Gatos, Californi a
PLANNING REPORT Mrs . Rasmussen moved to accept the informational Plannin g
report for February, 1982 . Mrs . Cannon seconded .
Unanimously carried .
PROCESSING FEES Mrs . Rasmussen moved for adoption of Resolution No . 1982-1 4
cANCE=LLACIONI D entitled, RESOLUTION ESTABLISHING A FEE SCHEDULE FO R
WILLIAMSON ACT PROCESSING PETITIONS REQUESTING CANCELLATION OF WILLIAMSO N
ACT CONTRACTS . (Fee for said processing set at $450 .00).
Mrs .Cannon seconded . Unanimously carried .
-Al JJ ;Lfl
JANUARY PAYROLL Mrs . Rasmussen moved for approval of the January payroll i n
& WARRANT the amount of $275,470 .71 and the January,1982 warran t
DEMANDS demands in the amount of $276,934 .89 .Mrs . Cannon seconded .
Unanimously carried .
CLAIM FOR Mrs . Rasmussen moved Council accept staff recommendation an d
DAMAGES authorize payment of Mr .Mitchell's claim for damanges in th e
(MITCHELL)amount of $963 .50 and authorize the Town to file in smal l
claims court against Pisano Construction . Mrs . Canno n
seconded . Unanimously carried .
FUND TRANSFER Mrs . Rasmussen moved Council accept staff recommendation an d
TO POLICE authorize the transfer of $600 .00 from the Community event s
BUDGET account (revenue sharing) to the Police Department Budget fo r
costs associated with the Christmas Parade . Mrs . Canno n
seconded . Unanimously carried .
TOWN ADVISORY Mrs . Rasmussen moved for adoption of Resolutions o f
COMMITTEE Commendation for each member of the Town Advisory Committe e
COMMENDAT4ONS 'as follows :
RESOLUTION NO . 1982-15 COMMENDING JACK AIELL O
RESOLUTION NO . 1982-16 COMMENDING JOANNE BENJAMI N
RESOLUTION NO . 1982-17 COMMENDING REX BURBAN K
.try RESOLUTION NO . 1982-18•COMMENDING JAN BURLAN D
RESOLUTION NO . 1982-19 COMMENDING HARRY CAMPBEL L
.21%'RESOLUTIONENO . 1982-20 COMMENDING ERIC CARLSO N
RESOLUTION NO . 1982-21 COMMENDING BUD CHRISTENSE N
RESOLUTION NO . 1982-22 COMMENDING MARION COSGROV E
RESOLUTION NO . 1982-23 COMMENDING MARILYN BAS S
'RESOLUTION NO . 1982-24 COMMENDING KATHY ANDERSO N
RESOLUTION NO . 1982-25 COMMENDING KAREN ETTINGE R
RESOLUTION NO . 1982-26 COMMENDING LEA F . FRE Y
RESOLUTION NO . 1982-27 COMMENDING ARGO GHERARD I
RESOLUTION NO . 1982-28 COMMENDING BOB HOLDIN G
RESOLUTION NO . 1982-29 COMMENDING JUDY HOWEL L
RESOLUTION NO . 1982-30 COMMENDING JOAN KJEMTRU P
RESOLUTION NO . 1982-31 COMMENDING KATHY MORGA N
RESOLUTION NO . 1982-32 COMMENDING DALE O'TOOL E
RESOLUTION NO . 1982-33 COMMENDING GENE RUGAN I
RESOLUTION NO . 1982-34 COMMENDING KEN STEFFE N
RESOLUTION NO . 1982-35 COMMENDING BOB TEMPLETO N
RESOLUTION NO . 1982-36 COMMENDING J . D . VANDERLAA N
RESOLUTION NO . 1982-37 COMMENDING MILDRED VOELKE R
RESOLUTION NO . 1982-38 COMMENDING FRED YOUN G
Mrs . Cannon seconded . Unanimously carried .
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February 1, 1982 .
Los Gatos, Californi a
WEED ABATEMENT -Mrs . Rasmussen moved for adoption of Resolution No . 1982-3 9
entitled, A RESOLUTION DECLARING WEEDS A PUBLIC NUISANCE AN D
PROVIDING FOR THEIR ABATEMENT . (Public hearing set for Marc h
1, 1982). Mrs . Cannon seconded . Unanimously carried .
NOTICE O F
COMPLETIO N
AGREEMEN T
CAL-TRAN S
MAINTENANCE . O F
FORBES MIL L
PEDESTRIA N
BRIDG E
MINUTES .
WRITTE N
COMMUNICATIONS
Mrs . Rasmussen moved Council approve the Certificate o f
Acceptance and Notice of Completion for Rosendin Electric ,
Inc ., for conversion of Street Lights to High Pressure Sodiu m
(Phase 2) Project 238-RS . Mayor to be authorized to sig n
said notice . Mrs . Cannon seconded . Unanimously carried .
Mrs . Rasmussen moved to accept staff recommendation and adop t
Resolution No . 1982-40 entitled, RESOLUTION AUTHORIZIN G
AGREEMENT FOR PEDESTRIAN BRIDGE OVER HIGHWAY 17, at Forbe s
,Mill and authorize mayor to sign agreement on behalf of th e
Town and direct Clerk to pay $8,500 .00, to the State for th e
painting and repairing the pedestrian bridge .Mrs .Canno n
seconded . Unanimously carried .
Mr .Ferrito moved minutes for Council meeting of January 18 ,
1982, be approved as submitted . Mr . Ventura seconded .
Unanimously carried .
Letter from Clifford Petersen requesting a waiver o r
reduction of fees for a development application on propert y
at 110 Wooded View Drive . Mrs . Rasmussen moved to accep t
staff recommendation and deny said request . Mr . Ventur a
seconded . Unanimously carried .
Letter from Rinconada Hills Association requesting th e
installation of additional street lights in their area .
After some discussion, Mr . Ferrito moved Council direct staf f
to correspond with the Rinconada Hills Association advisin g
them, the Town does not maintain or improve private propert y
at public expense . Mr . Ventura seconded . Unanimousl y
carried .
Letter from Pacific West Tract Club requesting permission t o
hold their 4th Annual Los Gatos-Vasona 10K Race to be hel d
Sunday, February 21, 1982, at 9 :00 a .m . Mr . Ventura moved t o
accept staff recommendation and grant the request . Mrs .
Rasmussen seconded . Unanimously carried .
Letter from Los Gatos Community Concert requesting th e
placing of a banner over N . Santa Cruz Avenue near Mai n
Street during their campaign week February 22nd through th e
26th, and request the Mayor to proclaim that week a s
COMMUNITY CONCERT WEEK . After some discussion, Mrs . Canno n
moved request to hang banner be denied and grant the reques t
for proclamation . Mr . Ventura seconded . Unanimousl y
carried .
Letter from Terrence Daily resigning from the Youth Advisor y
Commission effective January 29, 1982, and thanking Counci l
for his appointment to the Planning Commission . Mr . Ferrit o
moved Council accept said resignation with regret and direc t
staff to prepare a Resolution of Commendation . Mrs . Canno n
seconded . Unanimously carried . Clerk to advertise fo r
applicants to vacancy on Youth Advisory Commission .
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February 1, 198 2
Los Gatos, Californi a
TELEPROMPTER Mayor Siemens stated this was the time and place dul y
CABLE published for public hearing concerning services o f
TELEVISION TelePrompter Cable television . The Town Manager gave som e
SERVICE background on the reason for this hearing and Council's
instructions for him to enter into a contract with a fir m
providing for an examination of the cable system's qualit y
and performance . He informed Council that Hammett & Ediso n
of Burlingame was hired to undertake this technical audit .
Mr . Paul -Monaco, a principal of the firm, spoke to Counci l
giving a summary on problems of transmittal and feels th e
lack of clear pictures is due to lack of maintenance o f
equipment by TelePrompter and stated a complete report wil l
be furnished to Council members at a later date . Speaking o n
poor service being received now were : Mr . Thompson, 20 7
Vista de Sierro ; Ruth Tabor, 260 Old Adobe Road ; Arthu r
Elbon, 420 Alberto Way ; Walter Ward, Euclid Avenue ; Ego n
Jensen, 182 Lester Lane ; and Barbara Mason, Euclid Avenue .
There being no one else in the audience wishing to speak o n
this matter, Mrs . Cannon moved hearing be closed . Mrs .
Rasmussen seconded . Discussion was held as to when th e
Council would be receiving the full report, on the evaluatio n
of the system, from Hammett & Edison . Mrs . Cannon the n
withdrew her first motion and moved to continue the publi c
hearing to March 1, 1982 . Mr . Ventura seconded . Unanimousl y
carried . Mr . Ferrito moved Council direct staff to inquir e
of other Cable TV providers whether they would be intereste d
in having a franchise in the Town of Los Gatos . Mr . Ventur a
seconded . Unanimously . Mrs . Rasmussen moved Council direc t
staff to investigate other communities in the surroundin g
areas that own their own Cable TV system and report t o
Council as to the advantages and disadvantages . Mr . Siemen s
seconded . Unanimously carried . Report be back to Council b y
March 1, 1982 .
COUNTY Mayor Siemens stated this was the time and place Counci lREFERRALSwould discuss the County Referrals . Mr . Matteoni ,
representing Tandem Computer, stated Tandem Computers kha d
met with neighbors in the area and he believes th e
educational use is acceptable by them . Their main concern s
were the use not become commercial, fire protection and th e
commitment of Tandem to maintain van pooling to minimize an y
traffic impact . Mr . Matteoni presented Council with copie s
of letters from adjacent property owners . Mr . & Mrs . Rober t
Criswell, R .G . Sutton and Lloyd A . Olson, favoring th e
construction of the educational facility . Speaking i n
opposition of said proposal were Ed McDooley, representin g
the Lexington Hills Association, and Kurt Anslinger . Afte r
further discussion, Mrs . Cannon moved Council accept staf f
recommendation on the following Referrals :
989-24-49-80G Sherrys Way Andrade 1 yr .
extension on grading permit No comment .
1590-27-43-82B Brush Road Faust Single famil y
dwelling No comment .
1591-27-43-82B Brush Road Faust Single famil y
dwelling No comment .
12S77 .9 Call of the Wild Road Gies 3-lo t
subdiv .Town refuse to enter into an agreement on th e
basis that annexation or development of the property i s
immature .
L .
February 1, 198 2
Los Gatos, Californi a
COUNTY 312-26-47-81P Black Road Marcum Educationa l
REFERRALS Retreat (Tandem Computers)and that no approval . o r
(CONTINUED)intent to approv e :be, granted until a thorough study is mad e
of various problems noted in the application and the Town t o
receive all such studies prior to hearings by the County an d
that the Town be advised of all hearings . Mr . Ventura state d
he would second the motion if maker of motion would add ,
"Town expresses grave concern about the County varying fro m
its General Plan which does not permit this sort of use".
Mrs . Cannon statedshe would accept that as part of he r
motion . Motion unanimously carried .
RECESS Mayor declared a recess and meeting reconvened at 10 :00 p .m .
GREEN VALLEY Mayor Siemens stated this was the time and place dul y
DISPOSAL RATE published for public hearing to consider the request for rat e
INCREASE increase for the Green Valley Disposal Company . The Tow n
Manager referred to report regarding the request for th e
increase and stated this had been discussed and reviewed i n
conjunction with staff from Monte Sereno, Campbell an d
Saratoga . Mr . Bob Stevens, representing Green Valle y
Disposal, spoke on behalf of increase request . After furthe r
discussion and no one else in the audience wished to speak ,
Mrs . Rasmussen moved hearing be closed . Mrs . Canno n
seconded . Unanimously carried . Mrs . Rasmussen moved fo r
adoption of Resolution No . 1982-41 entitled, A RESOLUTIO N
APPROVING RATE INCREASES FOR THE GREEN VALLEY DISPOSA L
COMPANY . Mrs . Rasmussen seconded . Unanimously carried .
PEDI-CAB Discussion was held on the proposed ordinance before Counci l
REGULATIONS prohibiting the use of non-motor-driven vehicles to carr y
passengers for hire . It was consensus of Council that thi s
matter be referred to staff for further study on alternative s
and report be back to Council later in March .
MEDIATION These issues were continued to February 16, 1982, a s
ORDINANCE requested by the Tri-County Apartment Association .
AMENDMENT S
SURPLUS Mrs . Rasmussen moved Council accept staff recommendation an d
ATTORNEY'S donate the surplus 1st Edition of West's California Digest t o
LIBRARY the Law Library at the University of Santa Clara and the y
DISPOSAL will assume all costs of moving said books . Mrs . Canno n
seconded . Unanimously carried .
ATTORNEY'S Mr . Ventura moved Council grant request of Town Attorney t o
REQUEST TO attend a League of California Cities Seminar for Municipa l
ATTEND LCC Attorneys on March 5, 1982, and authorize the payment of th e
cost of registration which is $55 .00 . Mr . Ferrito seconded .
Unanimously carried .
MID-YEAR Town Manager referred to Mid-Year Budget report which he ha d
BUDGET REPORT distributed to Council tonight, stating this would b e
considered at the Council meeting of February 8, 1982 .
February 1, 198 2
Los Gatos,Californi a
COMMUNITY Town Manager reported that Council had authorized staff t o
ATTITUDE solicit proposals from five firms to conduct a communit y
SURVEY survey . Responses were received from two (2) firms and base d
on cost considerations, it is recommended that Corey ,
Canapary and Galanis be selected . (Their proposed cost wa s
$9,000, plus or minus ten percent). Mr . Art Snyder, 236 N .
Santa Cruz Avenue, questioned why Council did not solici t
local groups to do the survey . They would have done it wit h
less cost to the Town . It was stated the purpose of th e
whole survey is so the Town can provide best services to th e
Citizens in the most efficient manner . After furthe r
discussion, Mr . Ventura moved for adoption of Resolution No .
1982-42 entitled, A RESOLUTION AUTHORIZING TOWN MANAGER T O
NEGOTIATE AND EXECUTE AN AGREEMENT FOR TOWN COMMUNIT Y
ATTITUDE SURVEY TO BE PROVIDED BY COREY, CANAPARY AND GALANI S
and to transfer $10,000, to General Town Administration fro m
the General Fund Appropriated contingency to cover the cos t
: * of the study .Mr .+• Ferrito seconded Carried by a vote of
thrée .ayes . Mrs . Cannon and Mrs .'Rasmussen voting no .
OLD ORCHARD Mr . Bowman stated no additional information had been receive d
DEVELOPMENT so there is nothing to report .
TREE PLANTING Mr . Ventura moved to accept staff recommendation and tha t
PLAN - W . MAIN five new replacement trees be planted one of which he woul d
& VICTORY LANE like to be a conifer . Mrs . Rasmussen seconded . Unanimouls y
PARKING LOT carried .
TRANSFER OF Mrs . Rasmussen moved Council accept staff recommendation an d
FUNDS TO HCDA approve the transfer of $4,616 .67 from the current yea r
appropriated General Fund contingency to HCDA Fund #28 . Mr .
Ventura seconded . Carried by a vote of four ayes . Mr .
Ferrito voting no .
JUNE ADVISORY Staff presented the following Advisory Measure language fo r
ELECTION BALLOT the June ballot :
TEXT "Shall the regular Town municipal elections be consolidate d
with either :
General Statewide Elections held in November of eve nfnumbered years ?
Local School District Elections held in November of od d
numbered years?"
After some discussion it was noted that the first questio n
should read, "General Statewide and National Elections ..."
Mr . Ferrito moved to approve the wording as corrected . Mr .
Ventura seconded . Unanimously carried . This motion to als o
include that Council direct the Town Attorney to prepare a n
impartial analysis of the measure for incorporation into th e
ballot phamplet and direct Attorney to report back to Counci l
on pro's and con's of election ballot arguments . Unanimousl y
carried .
I 3
February 1, 198 2
Los Gatos, Californi a
STRAWBERRY Mr . Ventura moved Council accept staff recommendation an d
FESTIVAL grant the request of Ming Quong Childrens Center to hold th e
REQUEST "Strawberry Festival" at the Civic Center and Neighborhoo d
Center on Saturday and Sunday, June 5th and 6th, 1982, an d
waive the fees for the use of the Neighborhood Center . Mrs .
Cannon seconded . Carried by a vote of four ayes, Mrs .
Rasmussen abstained .
TDA ARTICLE Mr . Ventura moved Council accept staff recommendation an d
3 FUNDS authorize the Public Works Department to submit an addendu m
to the TDA proposal for the bicycle path along Los Gato s
Creek from Blossom Hill Road to the bridge at Roberts Roa d
and request funding for the project using $16,000 of th e
$19,000 available seventy (70%) per cent money, (Los Gatos '
share for the next three years). Mrs . Cannon seconded .
Unanimously carried .
UTILITY COMPANY Mr . Ferrito moved Council accept staff recommendation and (1 )
PARTICIPATION reject the proposal of the PG & E to charge the Knowles Driv e
IN ASSESSMENT and Broadway Extension Assessment District for utilit y
DISTRICT relocation work based on the amount of private participatio n
in each assessment ; (2) direct staff to advise PG & E that
the Town claims reimbursement of the entire amount o f
payments (paid under protest) for utility relocation work i n
the assessment districts . Mr . Ventura seconded . Unanimousl y
carried .
PS OR PUBLIC Mrs . Rasmussen moved Council note and file the report fro m
SCHOOL OVERLAY Planning Commission concerning the PS or Public Schoo l
ZONE Overlay Zone . Mr . Ventura seconded . Unanimously carried .
COUNTY COUNCIL Mr . Ferrito moved Council appoint Mrs . Nelle Hanley t o
ON AGING represent the Town of Los Gatos on the Santa Clara Count y
APPOINTMENT Council on Aging Board of Directors as recommended by th e
Senior Coordinating Council . Mrs . Hanley replaces Gertrud e
Knott . Mr . Ventura seconded . Unanimously carried .
ADJOURNMENT Mayor Siemens at 11 :10 p .m ., declared the meeting adjourne d
to 7 :30 p .m ., Monday, February 8, 1982 .
7