M 09-20-82TOWN OF LOS GATOS
COUNCIL MEETING
SEPTEMBER 20, 1982
TOWN COUNCIL
The Town Council of the Town of Los Gatos met in the Council Chambers of the Town
Hall at 7:45 P.M., regular session.
ROLL CALL
PRESENT: Thomas J. Ferrito, Marlyn J. Rasmussen and Mayor Brent N. Ventura, Ruth
Cannon and Peter Siemens.
ABSENT: None.
PLEDGE OF ALLEGIANCE
Given by all in attendance.
PRESENTATION
Mayor Ventura presented keys to the Town for Scouts William A. Lowery (Troop 510
and Douglas W. Salmond (Troop 562). William A. Lowery accepted the keys.
EXECUTIVE
Mayor Ventura stated the following issues were discussed at Executive Session held
prior to Council meeting:
Discussed Villa Vasona litigation.
Authorized the Town Attorney to defend present and former Town Officials in the O.L.
Johns litigation.
Town Attorney to initiate action to stop illegal serving of alcohol at the Upperty
Restaurant.
Directed the Planning Commission institute proceedings under Town Code Section
5.30.130 of zoning Ordinance for revocation of permit for the Toll House Project and no
permits for the Toll House Project be processed by the Town pending Planning
Commission hearings. This was carried by a three to two vote.
Discussed potential litigations.
BID AWARD PROJECT 267-22
Mrs. Rasmussen moved to accept staff recommendation reject the bid of Dorsa Paving
Company and award the bid to Raisch Paving Company in the amount of $238,963.07
and authorize staff to issue a contract change order adding additional paving work to
utilize the available funds. Mr. Siemens seconded. Unanimously carried.
WRITTEN COMMUNICATIONS (FOR ACTION)
a. Letter from Pasteur and Teresa Yuen regarding Sunday parking ban on N. Santa
Cruz Avenue. Mr. Siemens moved this be referred to staff for a response detailing the
rationale of the parking prohibition. Mrs. Cannon seconded. Unanimously carried.
b. Letter from the Chamber of Commerce regarding ordinance prohibiting living in
vehicles. Mrs. Rasmussen moved Council direct the Town Attorney to draft an
ordinance prohibiting living in vehicles and this be presented to Council on October 12,
1982.
c. Letter from PG&E regarding gas rate adjustment. Note and file.
PUBLIC HEARING SCHEDULES
Information for Council members.
RESOLUTION OF APPRECIATION
Mr. Siemens moved for the adoption of Resolution No. 1982-167 entitled, A
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
COMMENDING POLICE LIEUTENANT O.E. MC GOWEN FOR EXEMPLARY
SERVICE TO THE TOWN. Mrs. Cannon seconded. Unanimously carried.
RESOLUTION OF COMMENDATION
Mr. Siemens moved for the adoption of Resolution No. 1982-168 entitled, A
RESOLUTION HONORING ALBERT B. SMITH ON THE OCCASION OF
PRESENTATION OF THE DISTINGUISHED EAGLE SCOUT AWARD, SEPTEMBER
25, 1982. Mrs. Cannon seconded. Unanimously carried.
ENERGY CONSERVATION LOAN FUNDS
Mr. Siemens moved for adoption of Resolution No. 1982-169 entitled, RESOLUTION
OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AUTHORIZING STAFF
TO APPLY TO THE CALIFORNIA ENERGY COMMISSION FOR ENERGY
CONSERVATION LOAN FUNDS. Mrs. Cannon seconded. Unanimously carried.
PLANS & SPECS PEDRO'S WHEELCHAIR ACCESS
Mr. Siemens moved to adopt Resolution No. 1982-170 entitled, RESOLUTION OF THE
TOWN COUNCIL OF THE TOWN OF LOS GATOS APPROVING PLANS AND
SPECIFICATIONS FOR ACCESS MODIFICATIONS AT PEDRO'S RESTAURANT-316
NORTH SANTA CRUZ AVENUE. Mrs. Cannon seconded. Unanimously carried.
EIR CONSULTANT CONTRACT
Mr. Siemens moved for adoption of Resolution No. 1982-171 entitled, RESOLUTION
AUTHORIZING AGREEMENT TO PREPARE A FOCUSED ENVIRONMENTAL
IMPACT REPORT and authorize the Mayor to execute the agreement with Kreines &
Kreines for completion of the proposed work. Mrs. Cannon seconded. Unanimously
carried.
HCD CITIZENS ADVISORY COMMITTEE
No action taken on this.
FLOOD CONTROL ZONE ADVISORY COMMITTEE
Mr. Siemens moved that the Town Council reappoint James Van Houten as the
representative of the Town, to the Central and North Central Flood Control Zone
Advisory Committees and appoint Lee Bowman as the alternate Town representative.
Mrs. Cannon seconded. Unanimously carried.
PERSONNEL BOARD RECOMMENDATION
Mr. Siemens moved to accept Personnel Board recommendation and findings that no
action be taken pursuant to the request of Alan Lazure to change his classification and
his salary range to that of Associate Planner. Mrs. Cannon seconded. Unanimously
carried.
SAN JOSE REFERRAL
Mr. Ferrito referred to San Jose referral T-81-1-06, Harwood Road, Old Orchard
Development Co., 3-lot subdivision and moved that Council direct staff to advise San
Jose that unless San Jose requires the Old Orchard Development Co. to annex to the
Town of Los Gatos, then the Town will not agree to any connection to Harwood Road
and request a staff report as to the Town's rights. Mrs. Cannon seconded.
Unanimously carried. Copy of said report be sent to San Jose Council member, Jim
Beall.
AMENDMENT TO STANDARD LIFE INSURANCE
Mr. Siemens moved Council authorize the Town Manager to execute a contract
amendment with Standard Life Insurance to provide for a life insurance program for
retired employees, at their own expense, under the condition that staff will be
investigating another carrier with life and disability when this said policy comes up for
renewal. Mrs. Rasmussen seconded. Unanimously carried.
CYPRESS WAY SLIDE REPAIR
The Director of Public Works explained construction of wall. After some discussion,
Mrs. Rasmussen moved for adoption of Resolution No. 1982-172 entitled,
RESOLUTION OF THE TOWN OF LOS GATOS APPROVING PLANS AND
SPECIFICATIONS FOR CYPRESS WAY SLIDE REPAIR. Mr. Siemens seconded.
Unanimously carried.
MINUTES
Mr. Siemens moved for approval of minutes of September 7, 1982, with the correction
on, RENT ARBITRATION AND RENT MEDIATION, page 2, as follows: Vote on Mr.
Ferrito's motion to hold public hearing was carried by a unanimous vote. Correct
spelling of Donni Grottes' name and vote on waiving the reading of the Arbitration
Ordinance was carried by a roll call vote of ayes; Mrs. Cannon, Mr Ferrito, Mrs.
Rasmussen and Mr. Siemens. Abstained; Mr. Ventura. Mrs. Rasmussen seconded.
Unanimously carried.
CHAMBER OF COMMERCE SIDEWALK SALE
Mrs. Rasmussen moved that request from the Chamber of Commerce relative to their
Fall Sidewalk Sale be approved. Mrs. Cannon seconded. Unanimously carried.
RESPONSE TIME TO FIRES
Mr. Knox, from the audience, spoke on the issue of structure fire at 214 Belvue Drive
and questioned the fire trucks being placed where they can respond most readily and
discussed the establishing of Fire Commission. Fire Chief Doug Sporleder spoke on
this issue. It was Council consensus that this be discussed at the next Mayor's
luncheon. No further action taken.
PHOTOGRAPHIC GUILD REQUEST
Mr. Jack Parsons of the Photographic Guild spoke on the request for fees on use of
Neighborhood Center being waived for November 12th, 13th and 14th, 1982. After
some discussion, Mrs. Rasmussen moved fees be waived as requested. Mr. Ventura
seconded. Unanimously carried.
AUGUST FINANCIAL REPORT
Mrs. Rasmussen moved Council accept the August Financial reports from the Office of
Town Clerk. Mr. Siemens seconded. Unanimously carried.
AUGUST TREASURE'S REPORT
Continued to next meeting.
BANDOV APPEAL
Mrs. Rasmussen moved this appeal be continued to November 1, 1982, meeting at the
request of applicant. Mr. Ferrito seconded. Unanimously carried.
MAGOO'S APPEAL
Discussion was held on this issue and as Planning Commission has not held their
hearing on this, Mrs. Rasmussen moved this be continued to November 1, 1982, if
appellant is agreeable. Mrs. Cannon seconded. Carried by a vote of four ayes. Mr.
Siemens voting no. (Appellant agreed to continuance).
ANGELL APPEAL GUM TREE LANE
Upon request of Appellant that this be continued, Mrs. Cannon moved for continuance
to October 25, 1982, due to full schedule of hearings on October 4, 1982. Motion to
include that residents in the area be notified. Mr. Ferrito seconded. Unanimously
carried.
HANNEGAN'S APPEAL HANDICAPPED ACCESS
Mayor Ventura stated this was the time and place published for public hearing to
consider the issue of a handicapped access being installed at Hannegan's. Chris
Benson, owner of Hannegan's presented Council with drawing showing handicapped
access ramp that has been installed. Mr. Jim Lewis spoke on this issue, stating the
ramp is acceptable for handicapped use. Mr. Watson, Building Official, stated the ramp
is useable. No one else wished to speak on this issue, Mr. Ferrito moved hearing be
closed. Mrs. Rasmussen seconded. Unanimously carried. Mr. Ferrito moved that
Council on the basis of Mr. Lewis' testimony that Council grant the appeal and motion is
conditional on actual construction that exists being acceptable to the Building Official
and asked that inspection be done within the next three (3) days. Mrs. Rasmussen
seconded. Unanimously carried. The Attorney was authorized to draft a resolution
granting the appeal and present to Council at the next meeting
RECESS
Mayor Ventura declared a recess. Meeting reconvened at 9:20 p.m.
AMENDMENT TO ARBITRATION RULES
Mr. Ferrito moved for adoption of Ordinance No. 1549 entitled, ORDINANCE
AMENDING SECTION 24.40.050 OF THE TOWN CODE TO REQUIRE ARBITRATION
UNDER THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION. Mr.
Siemens seconded. Carried by a vote of three ayes. Mrs. Rasmussen voting no.
Mayor Ventura abstained.
AMENDMENT TO RENT MEDIATION
Mr. Siemens moved for adoption of Ordinance No. 1550 entitled, ORDINANCE
AMENDMENT TO SECTION 24.10.025 OF THE TOWN CODE TO EXTEND THE
EXPIRATION DATE OF CHAPTER 24, (Extends ordinance to January 6, 1983). Mr.
Ferrito seconded. Carried by a vote of three ayes. Mrs. Rasmussen voting no and
Mayor Ventura abstained.
PUSHCARTS
Discussion was held on the regulations of pushcarts regarding fees required by
peddlers in Town. The Town Attorney, Mr. Hays, referred to the proposed draft of
Ordinance governing pushcarts incorporating suggestions of Council, Chamber of
Commerce and Council subcommittee. Discussion was on regulations of pushcarts and
setting certain rules and requirements. Speaking on the issue was Judy Howell of the
Chamber of Commerce, stating one of the things lacking in the ordinance was the
checking and control of people operating the pushcarts. Discussion was held on carts
being stationary and being 300 feet from any eating establishment. Ron Cohen spoke
on the issue stating the majority of people polled on this issue were in favor of having
pushcarts in the Town. Lane Reed and Bob Hamley also spoke on the issue. After
further discussion, Mrs. Cannon moved to ban pushcarts except at special
organizational events that are held in the Town. Mrs. Rasmussen seconded. Carried
by a vote of three ayes. Mr. Ventura and Mr. Ferrito voting no. The Town Attorney to
draft the necessary ordinance prohibiting pushcarts except at events as stated. This
ordinance to be presented to the subcommittee of Mrs. Rasmussen and Mayor Ventura
and report back to Council at a later date.
APPEAL MUSICH 15690 LOS GATOS BLVD.
Mr. Siemens moved Council adopt Resolution No. 1982-173, entitled RESOLUTION
GRANTING AN APPEAL FROM THE TOWN PLANNING COMMISSION. Mrs. Cannon
seconded. Carried by a vote of three ayes. Mr. Ferrito voting no. Mayor Ventura did
not vote on this issue.
VALLEY FAIR FOODS INC. APPEAL
Mr. Ferrito moved for adoption of Resolution No. 1982-174 entitled, RESOLUTION
DENYING APPEAL FROM TOWN PLANNING COMMISSION-15300 LOS GATOS
BOULEVARD, VALLEY FOOD FAIR, INC. Mrs. Rasmussen seconded. Unanimously
carried.
CRUISING ORDINANCE
Discussion was held on Cruising and related legislation. The Town Attorney presented
Council with a copy of AB-2579 along with two proposed ordinances. The first
ordinance would amend the Town Code to conform to the cruising legislation now
specifically authorized by the Vehicle Code as amended. The second ordinance
implements the additional authority to divert traffic provided in Vehicle Code 21101.2 as
amended, which give the Police Department one additional tool to control cruising and
traffic problems. After further discussion, Mrs. Rasmussen moved reading be waived
for ORDINANCE AMENDING CHAPTER 16, ARTICLE X OF THE TOWN CODE TO
DELETE THE FORMER CRUISING ORDINANCE AND SUBSTITUTE AN
ORDINANCE SPECIFICALLY ALLOWED BY SECTION 21100(k) OF THE
CALIFORNIA VEHICLE CODE. Mayor Ventura seconded. Unanimously carried. Clerk
read title. Mrs. Cannon moved ordinance be introduced. Mrs. Rasmussen seconded.
Unanimously carried.
Mr. Ferrito moved reading be waived for ORDINANCE ADDING SECTION 16-21.1 TO
THE TOWN CODE IMPLEMENTING THE AUTHORITY GRANTING BY CALIFORNIA
VEHICLE CODE SECTION 21101.2 TO DIVERT TRAFFIC UNDER CONGESTED
CONDITIONS. Mrs. Cannon seconded. Unanimously carried. Clerk read title, Mr.
Siemens moved Ordinance be introduced. Mr. Ferrito seconded. Unanimously carried.
Mr. Ferrito moved that Council request a report from the Police in mid July of 1983
indicating how many time cruising ordinance was used, how many times the ordinance
on diverting traffic was used and how many citations issued under each ordinance.
Mayor Ventura seconded. Unanimously carried.
CLAIM FOR DAMAGES
Mrs. Rasmussen moved Council accept staff recommendation and claim for damages
filed by State Farm Insurance (on behalf of Ed & Wimmer Lackey), claim filed on behalf
of Agostino Ruberto, Jr. and claim filed on behalf of Andrea Macer be denied. Mrs.
Cannon seconded. Unanimously carried.
KNOWLES DRIVE TRAFFIC NOISE
Mr. Robert Flynn, representing the Foothills of Los Gatos residents, spoke on their letter
to Council requesting Town participation in the construction of a sound wall to reduce
traffic noise from auto and truck traffic on Knowles Drive for those lots in the tract
bordering Knowles Drive. Discussion was held on this issue and no action was taken.
Mayor Ventura moved this be scheduled and considered in next years budget under the
Capital Improvement Program. Mr. Siemens seconded. Motion carried by a vote of
four ayes. Mrs. Rasmussen voting no.
YOUTH EMPLOYMENT PROGRAM
Mrs. Rasmussen moved to accept staff recommendation and establish policy for non
resident fees and staff to report back in three months. Mayor Ventura seconded.
Unanimously carried.
SHADY LANE EMBANKMENT PROBLEM
Mr. Siemens moved to accept staff recommendation and authorize staff to participate
with Mr. Hernandez in a limited bank stabilization project in exchange for a written
waiver of any future liability. Mrs. Rasmussen seconded. Unanimously carried.
SPEED LIMIT SARATOGA AVENUE
Mr. Siemens moved to oppose proposed changes of speed limit and advise the State of
said opposition, also request a follow up on the signing of Highway 17 and voice Town's
opposition to State having local cities pay for widening of State highway. Mr. Ferrito
seconded. Unanimously carried.
BROADWAY EXTENSION PARKING
Mrs. Cannon moved that Council reaffirm its prior decision to prohibit parking on
Broadway Extension. Mayor Ventura seconded. Carried by a vote of four ayes. Mr.
Siemens voting no.
SEWER LATERAL MAINTENANCE
Mrs. Cannon moved to accept staff recommendation and Council tentatively approve
alternate #2 as described (Town staff would check the main and clean or repair the
sewer lateral (in the public right-of-way), if there is a sewer clean-out (accessible ) in
front yard. If There is no accessible sewer clean-out staff would instruct the property
owner or tenant to call a plumber to install the clean-out and the Town would clean or
repair the lateral). Mayor Ventura seconded. Carried unanimously.
OAK KNOLL DRIVE ZONE CHANGE COLLISHAW
Mr. Ferrito moved for adoption of Ordinance No. 1551 entitled, AN ORDINANCE OF
THE TOWN OF LOS GATOS AMENDING THE ZONING ORDINANCE EFFECTING
ZONE CHANGE NO. 60 FROM HR-1 TO HR-1-PD. Mayor Ventura seconded. Carried
by a vote of four ayes. Mrs. Rasmussen abstained.
ZONE CHANGE 14700 OKA ROAD DENEVI
Mr. Ferrito moved for adoption of Ordinance No. 1552 entitled, AN ORDINANCE OF
THE TOWN OF LOS GATOS AMENDING THE ZONING ORDINANCE EFFECTING
ZONE CHANGE NO. 61 FROM R-1:8 TO R-1:8 PD. Mr. Siemens seconded. Carried
by a vote of three ayes, Mr. Ventura voting no and Mrs. Rasmussen abstained.
GREEN VALLEY MASTER FRANCHISE AGREEMENT
Discussion was held on a proposed master franchise agreement. Assistant Town
Manager, Nadine Levin, spoke on negotiations. No action taken.
CROSSWALK BLOSSOM HILL ROAD AT VASONA PARK
Discussion was held on the danger of said crosswalk across Blossom Hill Road and of
the possibility of a crosswalk going under the bridge. No action taken.
PCB TRANSFORMERS
The Town Manager reported on letter received from PG&E and the locations of PCB
transformers in Los Gatos and stated removal of said transformers should be completed
in 1983. PG&E to give quarterly follow-up reports.
Mrs. Cannon requested staff to check on complaint of brush growing and hanging over
the sidewalk on Saratoga Avenue at Los Gatos Boulevard.
ADJOURNMENT
Mayor declared the meeting adjourned at 11:20 p.m., to executive session and stated a
report on executive session will be given at the next meeting.