M 03-01-82TOWN COUNCIL MINUTES
MARCH 1, 1982
TOWN COUNCIL
The Town Council of the Town of Los Gatos met in the Council 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 OF ALLEGIANCE
Given by all in attendance.
EXECUTIVE SESSION REPORT
Mayor Siemens reported on the Executive Session held prior to the Council meeting
stating the following matters were discussed:
1. Labor relations and items related to up coming negotiations.
2. Directed Attorney as to a stipulation in Novitiate litigation. Vote was 4 to 1. Mrs.
Rasmussen voting no.
3. Pedro's litigation was discussed.
4. Discussed the Garcia litigation and authorized the Town Attorney to resume the
case.
5. Discussed the Los Gatos Mobile Home Park litigation and authorized a draft
stipulation. Unanimously carried.
6. Council denied the Howell claim.
7. Discussed the Toll House litigation, authorized the Attorney to determine the status
and possible Town action to speed the decision. Vote was 3 to 2. Mrs. Cannon and
Mrs. Rasmussen voting no.
8. Villa Vasona litigation was discussed and the stipulation of facts. Took no action.
EXTRA AGENDA ITEM
Mr. Ferrito moved to add item number 40, discussion regarding Senate Bill 33,
automobile inspection and maintenance. Mr. Ventura seconded. Unanimously carried.
CONSENT ITEM HELD
Mrs. Rasmussen moved item 7 be held. Mr. Ventura seconded. Unanimously carried.
Mayor Siemens moved to refer item 7 (approval of plans and specifications for
installation of bicycle racks and bicycle lockers in the central business district) back to
staff for consideration of deleting some of the bike lockers in order to obtain additional
racks. Mrs. Cannon seconded. Unanimously carried.
RECYCLING CENTER SERVICE
Mrs. Rasmussen moved to refer Ms. Jacobson's suggestion, (re extension of the
service to include a weekday), to staff for consideration in developing FY 1982-83
Recycling Center Budget. Mr. Ferrito seconded. Unanimously carried.
SENIOR CITIZENS HOUSING-PARR AVENUE
Mrs. Rasmussen moved to file and note that Mr. Gilbeau was provided a copy of the
RFP for Senior Housing. Mr. Ferrito seconded. Unanimously carried.
PUSH CARTS N. SANTA CRUZ AVE.
Mrs. Rasmussen moved to file and note that the Town Attorney was requested to work
with staff on the problem of push carts on N. Santa Cruz Avenue. Recommendations
on ordinance amendments to govern push carts will be presented to Council no later
than the meeting of April 5, 1982. Mr. Ferrito seconded. Unanimously carried.
SOUTH BAY COOPERATIVE LIBRARY SYSTEM
Mrs. Rasmussen moved to accept Resolution No. 1982-53 entitled, A RESOLUTION
OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS MEMORIAL LIBRARY TO
JOIN THE SOUTH BAY COOPERATIVE LIBRARY SYSTEM AND DESIGNATING A
REPRESENTATIVE OF SAID BOARD. Mr. Ferrito seconded. Unanimously carried.
Mrs. Rasmusssen moved to adopt Resolution no. 1982-54 entitled, A RESOLUTION OF
THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AUTHORIZING THE LOS
GATOS MEMORIAL LIBRARY TO PARTICIPATE IN CALIFORNIA LIBRARY
SERVICES ACT. Mr. Ferrito seconded. Unanimously carried. These resolutions will
complete the action necessary to join the South Bay Cooperative Library System,
approved by the Town Council on January 4, 1982, by Resolution 1982-8
PARK COMMISSION VACANCY
Mrs. Rasmussen moved to direct the Town Clerk to advertise the upcoming vacancy of
the Town's Park Commission and set interviews for the position for the regular meeting
of April 5, 1982. This is to fill the expiring term of Ardith Sams. Mr. Ferrito seconded.
Unanimously carried.
cOUNCIL HEARING SCHEDULE
Mrs. Rasmussen moved to note and file Council hearing schedule as presented by
Town Manager. Mr. Ferrito seconded. Unanimously carried.
SUPPLEMENTAL APPROPRIATION GENERAL TOWN ADMINISTRATION
Mrs. Rasmussen moved to approve a supplemental appropriation of $2,000.00, for
General Town Administration to cover the cost of preparing a list and mailing labels for
all residences in the Town and County Islands. Mr. Ferrito seconded. Unanimously
carried.
CLAIM DOE DAMAGES-MACLAUGHLAN & SUTTON
Mrs. Rasmussen moved that claim for damages filed on behalf of Beverly J.
MacLaughlin and Arthur Sutton be denied and referred to Town's insurance carrier. Mr.
Ferrito seconded. Unanimously carried.
CONTRACT-SANTA CLARA COUNTY KNOWLES DRIVE ASSESSMENT DISTRICT
Mrs. Rasmussen moved to adopt Resolution No. 1982-55 entitled, RESOLUTION
AUTHORIZING REVISED AGREEMENT WITH SANTA CLARA COUNTY (KNOWLES
DRIVE ASSESSMENT DISTRICT) and authorize the Mayor to sign agreement on
behalf of the Town. Mr. Ferrito seconded. Unanimously carried.
PAYROLL & WARRANT DEMANDS
Mrs. Rasmussen moved to approve the February, 1982 payroll in the amount of
$280,586.20 and February, 1982 warrant demands in the amount of $272,734.66. Mr.
Ferrito seconded. Unanimously carried.
TRACT 6926 VILLA FELICE
Mrs. Rasmussen moved to adopt Resolution No. 1982-56, entitled RESOLUTION
APPROVING AND ACCEPTING FINAL MAP OF TRACT NO. 6926, and authorize
execution of the contract for public improvements. Mr. Ferrito seconded. Unanimously
carried.
PLANNING REPORT
For information only, Planning Departments monthly report for March.
COMMUNITY SERVICES & DEVELOPMENT COMMISSION ELECTION
For information only, Community Services and Development Commission's new
officers.
PRESENTATIONS
Mayor Siemens presented Resolution of Appreciation to all members of the Town
Advisory Commission. Present to accept their Resolutions were:
Kathy Morgan (Chairperson), Lea F. Fry, Bob Holding (Vice-Chairperson), Judy Howell,
Gene Rugani, Joanne Benjamin, Rex Burbank, Eric Carlson, Bud Christensen, Marion
Cosgrove, J. D. Vanerlaan, and Mildred Voekler.
MINUTES
Mr. Ferrito moved minutes of Council meeting February 16, 1982, be approved as
submitted. Mrs. Cannon seconded. Carried by a vote of four ayes, Mrs. Rasmussen
abstaining.
WRITTEN COMMUNICATIONS
1. Letter from the Chamber of Commerce requesting to conduct an outdoor Spring
Antique Market, to be held May 22, 1982. Mrs. Rasmussen moved that Council
approve the Chamber's request with conditions. Mr. Ventura seconded. Unanimously
carried.
2. Letter received from William T. Quigley regarding his resignation from the
Community Services and Development Commission. Mr. Ventura moved to accept Mr.
Quigley's resignation with regret; direct staff to prepare a Resolution of Commendation;
and direct the Town Clerk to advertise the vacancy on the Commission. Mr. Ferrito
seconded. Unanimously carried.
3. Notices from Pacific Gas & Electric Company of rate changes. Mrs. Rasmussen
moved the Council oppose Application No. 82-02-10, on basic principals not necessary
in disagreement with Diablo, for rate increases and that Council conditionally support
Application No. 82-02-09 for rate decreases. Mr. Ventura seconded. Unanimously
carried, with Mrs. Cannon abstaining.
4. Notice of Application for Alcoholic Beverage License from the Alcoholic Beverage
Control Board for 14107-R Winchester Boulevard. This is an informational report from
the Manager.
5. Letter from the Chamber of Commerce requesting a Pilot Employee Parking
Program. Mrs. Rasmussen moved that Council endorse the concept of the car-pool
program. Council also direct the Town Attorney to prepare an ordinance amendment
that would provide for all-day parking of such car-pool vehicles in designated Town
parking lots and comment the Chamber for their action. Mr. Frank Howell, Chairman of
the Chamber Parking Committee, explained how car-pooling would work. Mrs. Cannon
seconded. Unanimously carried.
WEED ABATEMENT
Mayor Siemens stated this was the time and place duly published as public hearing.
There being no on who wished to speak on this issue, Mrs. Rasmussen moved public
hearing be closed. Mr. Ventura seconded. Unanimously carried. Mrs. Cannon moved
for adoption of Resolution No. 1982-57 entitled, A RESOLUTION OVERRULING
OBJECTIONS AND ORDERING ABATEMENT OF WEEDS AS A PUBLIC NUISANCE.
Mrs. Rasmussen seconded. Unanimously carried.
APPEAL-LONG'S DRUG STORE
Mayor Siemens stated this was the time and place duly published for public hearing.
Council has received a written request formally requesting that the appeal be
withdrawn. Mr. Ventura stated that due to possible conflict of interest he would
withdraw from voting on this issue. Mrs. Cannon moved request to withdraw the appeal
be granted. Mrs. Rasmussen seconded. Carried by a vote of four ayes. Mr. Ventura
did not vote.
TELEPROMPTER SERVICE
Mayor Siemens stated this was the time and place duly published for public hearing
regarding Teleprompter service in Los Gatos. Russell Louthian, member of the Cable
TV Advisory Committee, referred to report from the Committee to Council regarding the
possibility of a survey being conducted by Dr. Serena Wade (Professor) and her San
Jose State University students and Council provide input into the CATV survey. After
some discussion, Mr. Ferrito moved to approve the concept and provide input into the
survey. Mrs. Rasmussen seconded. Unanimously carried. Paul Monaco, representing
Hammett & Edison, summarized some of the problems of signals coming into the area
and referred to his companies Technical Audit of the Cable TV System. Mr. Paul
Morebeck, District Manager for TelePrompter, stated he was anxious to review said
report and also explained to Council that steps have already been taken to correct some
of the problems. After further discussion, Mrs. Rasmussen moved hearing be continued
to April 5, 1982, to allow time for review of said report by TelePrompter and Mayor to
the Hammett & Edison report and detail items to be discussed with TelePrompter, Inc.
Mr. Ferrito seconded. Unanimously carried. Mayor Siemens and Mr. Ferrito were
appointed to committee.
WESTERNER PRE-SCHOOL HEARING
Mrs. Storm, from the Westerner Pre-School, stated she knows the public hearing on
their appeal has been scheduled for March 15, 1982, and she would like to request that
it be held early in the evening as their will be parents with young children attending the
meeting. It as consensus of Council that hearing would be the first under public
hearings.
APPEALS ON ISSUES
Discussion was held regarding accepting more than one appeal on one issue. Clerk
directed to accept all appeals and the Attorney directed to report on legal requirements
as to the publication of additional appeals.
RENTAL MEDIATION PASS-THROUGH DEBT SERVICE
Discussion was held on report from Town Attorney re pass-through of debt service on
unsecured loan, Amendment to Rental Mediation Ordinance. Randy Grimes, spoke in
opposition of Attorney's report and objected to the ordinance amendment as written.
Mr. Grimes also gave some background as to why this issue is being discussed. After
further discussion, Mr. Ferrito moved Council request Town Attorney to give an analysis
on comparison of ordinance of other cities, their wording and interpretation. Mayor
Siemens seconded. Carried by a vote of three ayes. Mrs. Cannon and Mrs.
Rasmussen voting no. This issue will be discussed at the public hearing on March 15,
1982, along with other Rental Mediation Ordinance amendments.
JUNE ADVISORY ELECTION IMPARTIAL ANALYSIS
Town Attorney presented Council with a draft of the Analysis of Ballot Measure for the
June Advisory Election. Suggestions were made by Council members as to wording of
said draft and suggested the omission of all material below paragraph three.
CLAIM PROCEDURES
Mr. Ferrito moved to accept staff recommendation regarding the handling of claims
against the Town. Mr. Ventura seconded. Unanimously carried.
ZONING AND SUBDIVISION ORDINANCE AMENDMENT
Town Attorney presented the Council with an amendment of the Town Code and Zoning
Ordinance to conform with changes in State Law. Mr. Ventura moved reading be
waived for ORDINANCE AMENDING VARIOUS PROVISIONS OF THE TOWN CODE
AND ZONING ORDINANCE PERTAINING TO SUBDIVISIONS TO CONFORM WITH
AMENDMENTS TO STATE LAW. Mrs. Cannon seconded. Unanimously carried.
Clerk read title. Mr. Ventura moved ordinance be introduced. Mrs. Cannon seconded.
Unanimously carried.
RECESS
Mayor declared a recess. Meeting reconvened at 10:00 p.m.
PROPOSED SALE OF LAND BY COUNTY-VILLA VASONA
Mrs. Rasmussen moved discussion of County plans to sell land formerly planned for
Villa Vasona project be continued to April 5, 1982 meeting. Mrs. Cannon seconded.
Unanimously carried.
WINE APPRECIATION DAY
Jeff Fisher, Chairman of the Fiesta Committee spoke on the Wine Appreciation Day
request from the Chamber of Commerce. The Town Manager referred to staff report
and detailed conditions that should be set forth if Council approves. After further
discussion, Mrs. Rasmussen moved to accept staff recommendation and approve
subject to conditions as listed in staff report. Mrs. Cannon seconded. Carried by a vote
of three ayes. Mr. Ferrito and Mr. Ventura voted no.
SHOOTER SCOOTER RACE
Mr. Chris Benson, an owner of C.B. Hannegan's spoke on this event. The Town
Manager gave a report on the event and stated conditions have been set. Mr. Ventura
moved approval of said request to hold Shooter Scooter event subject to the conditions
set forth. Mrs. Rasmussen seconded. Carried by a vote of three ayes. Mayor Siemens
voting no. Mr. Ferrito was absent from the Council Chambers and did not vote on said
issue.
TOWN VOLUNTEER PROGRAM
Council received an informational report on this program and after some discussion,
Mrs. Rasmussen moved to refer this to Community Services and Development
Commission for review and recommendation. Mrs. Cannon seconded. Unanimously
carried.
NEIGHBORHOOD CENTER CARPETING
Mrs. Rasmussen moved to accept staff recommendation and approve supplemental
appropriation in the amount of $1,250.00 from Federal Revenue Sharing Funds for the
carpeting of the exercise/dance room at the Neighborhood Center. Mrs. Cannon
seconded. Unanimously carried.
CURB CUT PROJECT
Mr. Ventura moved to accept staff recommendation and approve a supplemental
appropriation in the amount of $1,050.00, from Revenue Sharing Fund to fund two
additional mid-block curb cuts (Wheel Chair Ramps-Phase 11), which were approved at
the Council meeting February 15, 1982. Mrs. Rasmussen seconded. Unanimously
carried.
STREET IMPROVEMENT CONTRACT-BOWEN (612 W. PARR AVENUE)
Mrs. Rasmussen moved to accept staff recommendation and deny Mr. Bowen's request
that the Town release him from the obligation described in his agreement with the Town
dated February 26, 1973, and staff be authorized to negotiate a settlement with Mr.
Bowen (which would be returned to Council for approval at a future date). Mr. Ventura
seconded. Unanimously carried.
BUS STATION SITE-S. SANTA CRUZ AVENUE
Discussion was held re the proposed site and various types of buildings proposed for
said site. Mr. Russ Louthian reported as to Community Services and Development
Commission's recommendation. After further discussion, Mr. Ventura moved to
authorize staff to proceed with preparation of Plans and Specifications for a portable
building. Plans to be brought back to Council in 60 to 90 days. Mrs. Rasmussen
seconded. Unanimously carried.
REGULATIONS-HEIGHT OF FENCES & WALLS
Mrs. Cannon moved for adoption of Ordinance No. 1525 entitled, ORDINANCE OF THE
TOWN OF LOS GATOS REGULATING THE HEIGHT OF FENCES, WALLS, HEDGES
AND SHRUBS NEAR INTERSECTIONS. Mr. Siemens seconded. Unanimously
carried.
INDUSTRIAL DEVELOPMENT BONDS
It was consensus of Council to refer this report to the Town Treasure for him to review
and report back to Council at a later date.
BUILDING MAINTENANCE POSITION
Mrs. Cannon moved for adoption of Resolution No. 1982-58 entitled, AN AMENDMENT
TO RESOLUTION NO. 1981-144: PUBLIC WORKS MAINTENANCE DEPARTMENT.
Mrs. Rasmussen seconded. Carried by a vote of four ayes. Mr. Ferrito abstained.
CONSTRUCTION
Discussion was held on the proposed ordinance changes and Mr. Ventura moved to
waive reading for AN ORDINANCE AMENDING SECTION 15-76 OF THE TOWN
CODE RELATING TO CONSTRUCTION TAX RATES. Mrs. Rasmussen seconded.
Unanimously carried. Discussion was held on text of the ordinance and it was
consensus of Council that taxes to be imposed would be as shown through June 30,
1983. Clerk read titled of Ordinance. Mr. Ventura moved Ordinance be introduced as
amended. Mrs. Rasmussen seconded. Unanimously carried.
CLERK AND TREASURER COMPENSATION
Mrs. Rasmussen moved to waive reading for ORDINANCE OF THE TOWN OF LOS
GATOS PRESCRIBING THE METHOD FOR DETERMINING THE COMPENSATION
OF THE TOWN CLERK AND TOWN TREASURER. Mrs. Cannon seconded.
Unanimously carried. Clerk read title of ordinance. Mrs. Rasmussen moved for
introduction of the ordinance. Mrs. Cannon seconded. Carried by a vote of four ayes.
Mr. Ventura voted no.
TOWN PLAZA IMPROVEMENTS
Council reviewed the conceptual plan for proposed improvement of the Town Plaza.
Mr. Ventura volunteered to act as liaison to work with Parks Department on said project.
Mr. Ferrito moved to support the conceptual plan. Mrs. Rasmussen seconded.
Unanimously carried.
182/83 CURB CUTS
Mrs. Cannon moved Council accept staff recommendation and designate $30,000.00, of
the Town's FY 82/83 Housing and Community Development Block Grant Funds for the
construction of curb cuts for the handicapped. Mrs. Rasmussen seconded.
Unanimously carried.
PARKING COMMITTEE COUNCIL APPOINTMENT
It was consensus of Council to appoint Mr. Ventura to the Parking Committee.
EX-AGENDA ITEM SB 33
Discussion was held as to Council's position on SB 33 (Auto inspection and
maintenance). Mr. Ferrito moved to reaffirm Town's support of SB 33. Mr. Ventura
seconded. Unanimously carried.
ADJOURNMENT
Mayor Siemens declared the meeting adjourned at 11:35 p.m.