M 10-25-82TOWN COUNCIL MEETING
OCTOBER 25, 1982
TOWN COUNCIL
The Town Council of the Town of Los Gatos met in the Council Chambers of the Town
Hall at 7:35 p.m., in regular session.
ROLL CALL
PRESENT: Ruth Cannon, Thomas J. Ferrito, Marlyn J. Rasmussen, Peter W. Siemens
and Mayor Brent N. Ventura.
ABSENT: None
PLEDGE OF ALLEGIANCE
Given by all in attendance.
CLOSED SESSION REPORT
Mayor Ventura stated Council had met in closed session prior to the Council meeting
and discussed the following:
Council authorized the Planning Commission to proceed with the hearing on Toll House
Issue and authorized the Town Attorney to seek a stay on the permit, due to appeal of
the Supreme Court by the Save Downtown Los Gatos Committee. Vote on said action
was three to two.
Authorized the Town Attorney to initiate litigation regarding rent mediation Ordinance
against Kellar. Vote on this was five to zero.
Authorized the Town Attorney to prosecute in the Miller case. Carried by a vote of five
to zero.
Authorized the Town Attorney to enjoin the illegal bar operation at Upperty's. Carried
by a vote of five to zero.
Discussed O.L. Johns case, Cosentino case, Hannegan's and Villa Vasona.
APPOINTMENT CULTURAL RESOURCE COMMISSION
Jeanne Partridge and Mickie Benson were nominated for the vacancy on said
commission. Mickie Benson received the majority vote of Council. Mayor Ventura
congratulated Mickie Benson on her appointment to the Commission.
BID AWARD CYPRESS WAY SLIDE REPAIR
Mrs. Cannon moved to accept staff recommendation and award the bid for repairs to
Cypress Way project to Wattis Construction Company, in the amount of $27,416.30,
and appropriate $28,000.00, from the General Fund Appropriate Reserve (low bid plus
approximately 5% contingencies) for the work. Mr. Siemens seconded. Carried
unanimously.
BID AWARD POLICE PATROL VEHICLE
Mrs. Rasmussen moved to accept staff recommendation and award the bid for a new
1982 four door sedan for police patrol use to Ron Baker Chevrolet based on their bid of
$8,996.53. The low bidder on said vehicle did not meet the specifications. Mrs.
Cannon seconded. Carried by a vote of four ayes. Mr. Siemens voting no.
WRITTEN COMMUNICATIONS (for referral file)
Letter from PG&E giving notice that application had been filed with the Public Utilities
Commission requesting to decrease electric rates. Note and file.
Letter from the Community Services and Development Commission regarding the Child
Care Status Report. Information only. Note and file.
COUNTY REFERRALS
Mrs. Rasmussen moved to accept staff recommendation on the following:
1752-35-36-828 Loma Prieta Ablamis Single family dwelling No comment.
1671-27-43-82B-82G Brush Road JML Const. Grading permit for single family
dwelling No comment.
1374-30-52-81P Englewood Ave. Beadle -cs Use permit for single family dwelling
Town's appeal to supervisors continued from 10-5-82 to 1-11-83.
Mrs. Cannon seconded. Unanimously carried.
SCHEDULE OF HEARINGS
Information for Council.
ABC LICENSE 15200 LOS GATOS BOULEVARD
Planning Director, Lee Bowman, reported to Council that no approval if required from
his office for such license as the previous restaurant was licensed in the same manner
and had informed The Flames Coffee Shop that it is a nonconforming use and
application for approval of a Conditional Use Permit would be necessary to remove the
nonconforming status.
REROOFING SERVICE CENTER
Mrs. Rasmussen moved for adoption of Resolution No. 1982-188 entitled,
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS TO
APPROVE PLANS AND SPECIFICATIONS TO REROOF SERVICE CENTER
BUILDING. Mrs. Cannon seconded. Unanimously carried.
VILLA AVENUE STREET VACATION
Mrs. Rasmussen moved for adoption of Resolution No. 1982-189 entitled, A
RESOLUTION OF INTENTION TO VACATE EXCESS PORTION OF A PUBLIC
THOROUGHFARE (VILLA AVENUE) FOR PUBLIC ROAD PURPOSES; direct the
Town Clerk to advertise the notice of hearing; refer the matter to the Planning
Commission for determination that the proposed vacation is not contrary to the General
Plan; approve the staff recommendation concerning valuation and charge only the
$200.00 processing fee for vacation of the land. Mrs. Cannon seconded. Unanimously
carried.
ANDREWS STREET TRAFFIC DIVERTERS
Mrs. Rasmussen moved for adoption of Resolution No. 1982-190 entitled, A
RESOLUTION IMPLEMENTING THE SAN BENITO AVENUE AND ANDREWS
STREET TRAFFIC DIVERTER PLAN. Mrs. Cannon seconded. Unanimously carried.
TRAFFIC SIGNAL MAINTENANCE AGREEMENT
Mrs. Rasmussen moved for adoption of Resolution No. 1982-191, entitled, A
RESOLUTION APPROVING TRAFFIC SIGNAL MAINTENANCE REVISED
AGREEMENT, for maintenance of the Town's traffic signals and authorize the Mayor to
execute said agreement on behalf of the Town. Mrs. Cannon seconded. Unanimously
carried.
POLICE ACTIVITY REPORT
Mrs. Rasmussen moved Council accept the Police Activity Report for the third quarter of
1982. Mrs. Cannon seconded. Carried unanimously.
ANNEXATION AGREEMENT-MORRIS
Mrs. Rasmussen moved for adoption of Resolution No. 1982-192 entitled,
RESOLUTION AUTHORIZING THE EXECUTION OF AN ANNEXATION AGREEMENT
and authorize the Mayor to execute said agreement with MacLyn and Mildred Morris on
behalf of the Town. Mrs. Cannon seconded. Unanimously carried.
AMENDMENT OF FEDERAL REVENUE SHARING AGREEMENT WITH ART
DOCENTS
Mrs. Rasmussen moved for adoption of Resolution No. 1982-193 entitled, A
RESOLUTION AMENDING THE AGREEMENT FOR FY 1982-83 FEDERAL
REVENUE-SHARING FUNDS BETWEEN THE TOWN AND ART DOCENTS OF LOS
GATOS, INC. Mrs. Cannon seconded. Carried by a vote of four ayes. Mr. Ferrito
abstained.
MINUTES
The following corrections were made to the minutes of October 4th, 1982:
Page 6, subject, GENERAL PLAN AMENDMENT, item (b). Instead of no action taken
should read "Planning Commission recommended mixed uses and Council rejected
said recommendation". Item (c), instead of no action taken should read, "Planning
Commission recommended against making changes in the parking requirements and
Council concurred".
Page 6, subject, SAN BENITO AVENUE STREET DIVERTERS, "Mr. Siemens moved
to amend the motion to use wooden planter boxes as a diverter and increase the
supplemental appropriation from $1,500.00 to $2,500.00".
Page 7, subject, ELLENWOOD AVENUE BARRICADE. Second sentence should read,
"Authorize staff to do the additional work requested upon receipt of a payment by the
property owner's for the cost of materials".
Mrs. Rasmussen moved minutes of October 4, 1982 be approved as corrected. Mrs.
Cannon seconded. Unanimously carried.
WRITTEN COMMUNICATIONS (for action)
Letter from C.F. Weber regarding the Lark Avenue and Los Gatos Boulevard signals
and signs. The Town Manager stated that the yield sign facing southbound traffic on
Los Gatos Boulevard has been removed and that other changes are proper and will be
retained. Mr. Weber sill be so advised. After some discussion, Mayor Ventura asked
staff for a report back on this matter in four to six months.
Letter from Jim Lewis requesting additional HCDA funds for handicapped access on
school district property. Mr. Lewis referred to his letter and spoke on what the HCDS
funds could be used for. He spoke on the unaccessibility of various classrooms and
other facilities of the Los Gatos High School and that is why he is requesting these
funds. Michael Gallagher, Los Gatos High School student, also spoke as to the needs
for handicapped access to various school facilities. The Town Manager stated hearings
have been scheduled on November 1st and 15th, for uses of HCD Funds. Discussion
was held and Mr. Siemens moved staff to contact the School District, advising them of
the Town's concerns and the method in which the School District could apply for funds.
Town staff to furnish Council with priority list for the HCDA contingency at a later date.
Mrs. Rasmussen seconded. Carried unanimously.
FINANCIAL STATEMENT FOR SEPTEMBER
Mrs. Rasmussen moved Council accept financial statements for the month of
September, 1982 from the Office of Town Clerk. Mrs. Cannon seconded. Unanimously
carried.
SEPTEMBER TREASURER'S REPORT
Mrs. Rasmussen moved to accept the Town Treasurer's report for the month of
September, 1982. Mr. Ventura seconded. Carried unanimously.
DOWNTOWN SPECIFIC PLAN
Mayor Ventura stated this was the time and place duly noted for continued public
hearing to consider the Planning Commission's decision regarding amendments to the
maps of the land use portion of the Downtown Specific Plan, which is part of the
General Plan of the Town of Los Gatos and zone change consideration of
approximately 44 parcels in the Downtown area to bring the zone in conformance with
amendments to the adopted Downtown Specific Plan. No one in the audience wished
to speak on this issue. Mr. Siemens moved hearing be closed. Mrs. Cannon
seconded. Carried unanimously. Mr. Ferrito moved for adoption of Resolution No.
1982-197 entitled, RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS
GATOS AMENDING THE LOS GATOS DOWNTOWN SPECIFIC PLAN. Mr. Siemens
seconded. Carried unanimously. Mr. Ferrito moved reading be waived for AN
ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONING
ORDINANCE EFFECTING ZONE CHANGE NO. TO BRING THE ZONES IN
CONFORMENCE WITH THE ADOPTED DOWNTOWN SPECIFIC PLAN--PHASE 11.
Mrs. Rasmussen seconded. Unanimously carried. Mr. Ferrito moved Ordinance be
introduced. Mr. Siemens seconded. Carried unanimously. Staff to report back to
Council regarding the three assessments in Parking Assessment District 2-A.
APPEAL-GUM TREE LANE
Mayor Ventura stated this was the time and place duly noted for continued public
hearing on the Planning Commission's denial of tentative subdivision for the Angell
property located on Gum Tree Lane. Mrs. Patricia Ness, 15700 Gum Tree Lane and
Mrs. Quint , 15775 Gum Tree Lane, spoke in opposition to the subdivision and asked
the Council to uphold Planning Commission's action. No one else wished to speak on
this issue, Mrs. Rasmussen moved hearing be closed. Mr. Ventura seconded. Carried
unanimously. Mrs. Rasmussen moved Council deny the appeal with findings that the
findings of the Planning Commission were correct. Mr. Ferrito seconded. Unanimously
carried. The Town Attorney to prepare the necessary Resolution for presentation to the
Council at the next meeting.
STOP SIGNS-TAIT AVENUE
Mayor Ventura stated this was the time and place duly published for public hearing
concerning traffic regulations and installation of additional stop signs on Tait Avenue.
Gene
Westphalen, Bob Holden, Steven Zeintek, Bob Cownan and S. Lawrence all spoke in
favor of installation of additional stop signs. The Town Clerk read letter from Alice
Burrows opposing said sign installation. No one else wished to speak on this issue,
Mrs. Rasmussen moved hearing be closed. Mr. Ferrito seconded. Unanimously
carried. After further discussion, Mr. Ferrito moved staff be authorized to prepare
resolution designating the placement of stop signs at Almendra, Nicholson, Bean and
Bachman. Map be prepared of the area showing the signs and red curb corners for
better visibility. Mr. Ventura seconded. Unanimously carried.
APPEAL 133 N. SANTA CRUZ AVENUE HANDICAPPED ACCESS
Mayor Ventura stated this was the time and place duly published for public hearing to
consider the appeal of Building Official's decision requiring building modification for
handicapped access at 133 N. Santa Cruz Avenue. Roger Brunello, appellant, spoke in
opposition to the requirements as this added cost would be a hardship. Mr. Brunello
stated there was handicapped parking in the rear of the building and also provision for
handicapped entry through the rear of the building. Ken Albert, Architect for the project,
also spoke on the ability for the handicapped to have entry through the rear door. Jim
Lewis, also spoke on this issue. After further discussion, Mrs. Rasmussen moved
public hearing be closed. Mrs. Cannon seconded. Carried unanimously. Mayor
Ventura moved to deny the appeal and grant the appellant one year to comply with the
handicapped regulations. Mrs. Rasmussen seconded. Unanimously carried. The
Town Attorney to prepare necessary Resolution and present to Council at the next
meeting.
APPEAL-LOS GATOS DATSUN VOLVO
Mr. Ferrito moved for adoption of Resolution No. 1982-194 entitled, RESOLUTION
DENYING APPEAL AND AFFIRMING DECISION OF PLANNING COMMISSION AS
MODIFIED. Mr. Ventura seconded. Unanimously carried.
RECESS
Mayor Ventura declared a recess. Meeting reconvened at 10:20 p.m.
APPEAL 15861 WINCHESTER BOULEVARD McCLEVE
Continued to November 15, 1982, by request of appellant.
VILLA VASONA AGREEMENT
The Town Manager reported ont the total amount that the Town paid for land, for said
project and should be noted in Sec. B-7 of the Agreement for Disposition. Mrs.
Rasmussen moved for adoption of the amended Resolution No. 1982-195 entitled,
RESOLUTION AUTHORIZING MAYOR TO EXECUTE AGREEMENTS REGARDING
VILLA VASONA PROJECT. Mrs. Cannon seconded. Carried unanimously.
SUNDAY PARKING BAN-N. SANTA CRUZ AVENUE
Mayor Ventura moved to adopt Resolution No. 1982-196 entitled, PARKING
RESTRICTION NORTH SANTA CRUZ AVENUE (rescinds previous Resolution). Mrs.
Rasmussen seconded. Carried unanimously.
ZONING ORDINANCE AMENDMENT
Mayor Ventura moved for adoption of Ordinance No. 155 entitled, AN ORDINANCE OF
THE TOWN OF LOS GATOS AMENDING THE ZONING ORDINANCE ADDING NON-
PROFIT YOUTH GROUPS TO THE RC ZONE. Mr. Siemens seconded. Carried by a
vote of four ayes. Mrs. Rasmussen abstained.
ESTABLISHING PROCEDURES FOR APPEAL OF LDG. OFFICIALS DECISION
Mayor Ventura moved for adoption of Ordinance No. 1556 entitled, AN ORDINANCE
OF THE TOWN OF LOS GATOS AMENDING THE TOWN CODE CONCERNING THE
APPEAL OF BUILDING OFFICIAL ACTION. Mrs. Rasmussen seconded. Carried
unanimously.
INFORMATION AND REFERRAL MEDIATION CONTRACT RENEWAL
Mr. Siemens moved to accept staff recommendation and authorize the Town Manager
to negotiate an agreement with Information and Referral Services, Inc., to continue the
operation of the Los Gatos Rental Dispute Service. The terms of the agreement to be
from November 1, 1982 to June 30, 1983, to align the contract with the Town's fiscal
year. Mrs. Rasmussen seconded. Unanimously carried.
COSENTINO DRAINAGE PROBLEM
This matter was continued to November 1, 1982.
STUDENT MEMBER PARK COMMISSION
Mrs. Rasmussen moved to appoint Andrew J. Getzoff as the student member of the Los
Gatos Park Commission to fill the unexpired term of Marsha Ingleston. Mr. Siemens
seconded. Carried unanimously.
PROPOSITION 11
Mr. Siemens moved Council go on record in support of Proposition 11. Mayor Ventura
seconded. Carried by a vote of three ayes. Mrs. Cannon abstained and Mrs.
Rasmussen voting no.
PROPOSITION 13
Mr. Siemens moved Council go on record in support of Proposition 13. Mayor Ventura
seconded. Carried by a vote of four ayes. Mrs. Rasmussen voting no.
ADJOURNMENT
Mrs. Rasmussen moved meeting be adjourned at 10:55 p.m. Mr. Ferrito seconded.
Carried unanimously.