M 04-04-83TOWN OF LOS GATOS CALIFORNIA
TOWN COUNCIL/PARKING AUTHORITY AGENDA
APRIL 4, 1983
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. holding interviews of Consultants
ROLL CALL
PRESENT:Joanne Benjamin, Terrance J. Daily, Marlyn J. Rasmussen and
Mayor Brent N. Ventura.
ABSENT:Thomas J. Ferrito
PLEDGE OF ALLEGIANCE
Given by all in attendance.
CLOSED SESSION REPORT
Mayor Ventura stated prior to Council meeting, Council met in closed session and
discussed the following:
Toll House lawsuit; Downey Savings lawsuit; Personnel matter and Labor Relations
items.
EX-AGENDA ITEM
Mrs. Rasmussen moved the following items be added to the agenda as recommended
by staff.
21-A Report regarding sewer failure at Alta Vista Tract.
19-A Community Housing Developers Group Home, Zoning issues.
21-B Request from Stop Neighborhood Prison-request for use of Town Hall grounds to
hold a rally on April 23, 1983. Mrs. Benjamin seconded. Carried unanimously.
APPOINTMENTS-PARK COMMISSION
Mayor Ventura stated it has been noted there are two vacancies on the Park
Commission and Mrs. Laurette Kirkendall and Mr. Butts have applied for reappointment.
Mrs. Benjamin moved for the reappointment of Laurette Kirkendall and Paul Butts. Mrs.
Rasmussen seconded. Carried unanimously.
BID AWARD-TRAFFIC SIGNAL PROJECT 255-SS
The Town Manager reported on Council's request for staff to work with low bidder on
the project (Steiney & Company), to see if the Town could get an extension on the bid.
Staff has contacted Steiney & Company and they have agreed to an extension of the
bid to July 20, 1983. Mr. Van Houten, Director of Public Works, informed Council that
the Town has not, to date, received report from Caltrans, Mr. Daily questioned whether
Town could put up their own signs. The answer was no, the State has control on
Saratoga Avenue. After further discussion, Mrs. Rasmussen moved Council accept
staff recommendation. Mayor Ventura stated Mr. Ferrito had requested this issue be
delayed until next meeting. Mrs. Rasmussen's motion died for lack of second.
Discussion was held on how the Town could accomplish implementing alternate #4. Mr.
Van Houten stated the Town would not be able to implement left turn prohibition from
Saratoga Avenue. Mrs. Benjamin spoke on concerns regarding blocking off of
Montgomery and how this would hurt businesses in that area. Mrs. Benjamin moved
Council accept staff recommendation and award contract. Discussion was held on Mr.
Ferrito's request for continuance. Mrs. Benjamin withdrew her motion. Mrs.
Rasmussen moved bid award be continued for two weeks as requested by Mr. Ferrito.
Mr. Daily seconded. Carried unanimously.Carried unanimously. Discussion was held
regarding making any amendments without holding a public hearing. Mrs. Benjamin
moved public hearing be scheduled for May 2nd, 1983. Mr. Daily seconded. Carried
unanimously. Mrs. Rasmussen suggested that Council have a policy procedure,
whereas, when a council member will be absent from a meeting and wishes the agenda
item continued that this request be in writing to staff and other council members so it
could be noted prior to meeting. Larry Pegram, from audience, spoke in opposition of
deferring implementation of the traffic diversion which majority of community had agreed
upon two months ago.
BONNIE LANE ASSESSMENT
The Town Manager stated the Town had acquired all necessary rights-of-way at this
time. Mrs. Rasmussen moved Council adopt Resolution No. 1983-62 entitled,
RESOLUTION AWARDING THE BID FOR BONNIE LANE ASSESSMENT DISTRICT
PROJECT. Bid was awarded to Piazza Construction Company, Inc. Mr. Daily
seconded. Carried unanimously.
WRITTEN COMMUNICATIONS (REFERRAL/FILE)
a-c. Letters from Bob Kirkendall, J. Baxter Gardner and Joy Hulme regarding street
closures of Montgomery Street, Rose Avenue and San Benito Avenue. Mrs.
Rasmussen moved letter be sent to each of the above informing them of public hearing
scheduled for May 2nd, 1983, at which time these street closures will be discussed. Mr.
Daily seconded. Carried unanimously.
d. Petition requesting signal installation at the intersection of Los Gatos Boulevard
and Spencer Avenue. Mrs. Rasmussen moved this request be referred to staff for
analysis and report during budget hearings. Mr. Daily seconded. Carried unanimously.
e. Letter from West Valley Multi-Modal Task Force. Mrs. rasmussen moved Council
refer this to staff for report and recommendation for meeting of April 18, 1983. Mr. Daily
seconded. Carried unanimously.
f. Letter from Chamber of Commerce requesting Council consideration and approval
to hold the Fiesta de Los Gatos on August 27 and 28th, 1983. Mr. Daily asked that
serving of wine be limited to Oak Meadow Park and asked that that be added as #4
under preference of locations and also request Police report. Mrs. Rasmussen moved
this request be referred to staff for report and recommendation on April 18, 1983. Mr.
Daily seconded. Carried unanimously.
NOTICE OF COMPLETIONS
Mrs. Rasmussen moved for approval of Certificate of Acceptance and Notice of
Completion for the following:
Project 278-RS. Civic Center Restroom Modification, and Tract 7034, Corte de Los
Gatos at 15951 Los Gatos Blvd.
Mr. Daily seconded. Carried unanimously.
REVENUE SHARING APPLICATIONS
Mrs. Rasmussen moved to accept staff recommendation and refer all Federal Revenue
applications to the Advisory Committee for review and recommendation. Mr. Daily
seconded. Carried unanimously.
PLANNING REPORT
Mrs. Rasmussen moved Council accept Planning Department monthly report including
Planning Commission/Planning Department priorities April through June, 1983. Mr.
Daily seconded. Carried unanimously.
COUNTY REFERRALS
Mrs. Rasmussen moved Council accept staff recommendation on the following:
1865-30-45-83S 17915 Soda Springs Moga 3-lot Subd. No comment.
1374-30-52-81P 16400 Englewood Ave. Beadle Town appeal continued by Board of
Supervisors to 4/19/83.
Mr. Daily seconded. Carried unanimously.
TRAFFIC SIGNALS SANTA CRUZ/MAIN & UNIVERSITY/MAIN
Mayor Ventura moved Council approve the concept plans and direct staff to proceed
with final plans and specifications. Mrs. Benjamin seconded. Carried unanimously.
PROJECT 287-GF KENNEDY ROAD SIDEWALK
Mrs. Rasmussen moved Council approve the concept plans and direct staff to proceed
with final plans and specifications for Kennedy Road sidewalks. Mr. Daily seconded.
Carried unanimously.
STREET LIGHT CONVERSION PHASE 111 PROJECT 282
Mrs. Rasmussen moved for adoption of Resolution No. 1983-63 entitled, RESOLUTION
OF THE tOWN OF LOS GATOS APPROVING PLANS AND SPECIFICATIONS FOR
PROJECT NO. 282 (PHASE 111)-STREET LIGHT CONVERSION and authorize call
for bids for May 4, 1983. Mr. Daily seconded. Carried unanimously.
NOISE COMPLAINT BILLY JONES RAILROAD
Mrs. Rasmussen moved Council direct staff to advise Mrs. Caperton of corrective
measures being taken to minimize noise from Billy Jones Railroad. Mr. Daily seconded.
Carried unanimously.
HISTORIC DESIGNATION FOR 16660 CYPRESS WAY
Mrs. Rasmussen moved for adoption of Ordinance No. 1574 entitled, AN ORDINANCE
OF THE TOWN OF LOS GATOS DESIGNATING A STRUCTURE AS HISTORICALLY
AND CULTURALLY SIGNIFICANT (property at 16660 Cypress Way). Mr. Daily
seconded. Carried unanimously.
MINUTES
Mrs. Rasmussen moved minutes of March 21, 1983 be approved as corrected. Mr.
Daily seconded. Carried unanimously.
WRITTEN COMMUNICATIONS (FOR ACTION)
a. Report from staff re request from Mr. Ariew to modify conditions on revocable permit
for gate across Aztec Ridge Road. Mrs. Rasmussen moved that Council take no action
on this request. Mrs. Benjamin seconded. Carried by vote of three ayes. Mayor
Ventura voting no.
b. High tech National Bank's request for closure of Montebello Way on July 3, 1983.
Mrs. Rasmussen moved Council approve the request for use of Town Plaza and closure
of Montebello Way on July 3, 1983, subject to the following conditions as recommended
by staff: 1. Musical entertainment to meet all provisions of section 11.30.050 of the Los
Gatos noise Ordinance on daytime limits. Subject to the exceptions in section
11.30.060, in the daytime (between the hours 7:00 a.m. and 9:00 p.m.), no person shall
make a noise louder than 75 dba measured 25 feet from source. If a different limit is
specified in section 11.30.060, no person shall make a noise louder than that limit. 2.
No alcoholic beverage without further study and recommendation from the Police
Department. 3. Applicant contact the Police and Parks Departments to coordinate
general use of the Plaza and placement of displays and street barricades. 4. The Bank
to pay any extra-ordinary cost's incurred by the Town. Mr. Daily seconded. Carried
unanimously.
c. Request from Eureka Federal Savings to rent parking spaces in Town Parking Lot
between Bachman and Royce Street. Due to lack of parking in downtown area, Mrs.
Rasmussen moved request be denied.. Mr. Daily seconded. Carried unanimously.
Mayor Ventura and Vice Mayor Rasmussen to meet and discuss this issue with Mr.
Davids of Eureka Federal Savings.
d. Letter from Marilyn O'Toole resigning from the Town Personnel Board. Mrs.
Benjamin moved Council accept resignation with regret and Resolution of
Commendation be prepared for Council consideration at next meeting. Mr. Daily
seconded. Carried unanimously.
e. Request from Prometheus Development Company to extend date for completion of
improvements at Forbes Mill Condo's. Tom Fleischli, project manager of said
development, spoke re reasons for delays. Lee Bowman, Planning Director, spoke on
extensions that have already been granted and is recommending denial of request.
After further discussion Mrs. Rasmussen moved Council deny said request as outlined
in Mr. Bowman's report/ Mr. Daily seconded. Carried unanimously.
f. Letter from C. Burr Nissen resigning from the Cultural Resources Commission. Mrs.
Rasmussen moved Council accept resignation with regret and Resolution of
Commendation be prepared for Council consideration at next meeting. Mr. Ventura
seconded. Carried unanimously.
g. Letter from Los Gatos Meadow's requesting a street light be installed at S/W corner
of Wood Road and South Santa Cruz Avenue. Town Manager reported to Council that
reports re accidents at that intersection does not seem to warrant a light and cost for
installing a light would cost approximately $3,000.00. After discussion it was consensus
of Council to defer any action on this matter at this time and discuss the request under
the Capital Improvement Program at budget hearings.
h. Petition regarding public nuisance re Swanson Ford amplified business calls. Town
Manager stated Mr. Swanson had advised him this was a new system recently installed
and are attempting to bring the noise level down. Mayor Ventura stated he would be
glad to meet with Mr. Swanson and the neighbors in the area to see if this problem
could be resolved.
i. Letter from Lowell Voelker (Eagle Scout) requesting a waiver of sign application fee
for the purpose of making and installing an event sign to be placed on the Los Gatos
High School property. This will be done as an Eagle Scout Project. Mrs. Rasmussen
moved Council grant the request waiving the fees and comment Lowell Voelker for his
work. Mrs. Benjamin seconded. Carried unanimously.
MARCH PAYROLL
Mr, Daily moved for approval of March payroll. Mayor Ventura seconded. Carried
unanimously.
FEBRUARY TREASURER REPORT
Mrs. Rasmussen moved for approval of Treasurer's report for the month of February,
1983. Mr. Daily seconded. Carried unanimously.
VERBAL COMMUNICATIONS
Nancy Iverson, 17220 Phillips Avenue, spoke on fiscal responsibility for Democratic
process and social responsibility.
Cindy Williams, representing Explorer Preschool, 1302 Branham Lane, San Jose. Mrs.
Williams stated the Los Gatos Parent Preschool and Explorer Preschool are sponsoring
the Pickle Family Circus on May 14th and 15th, 1983 ad request Council permission to
have an "informal" parade of 50-75 children and parents on April 28th at 3:30 p.m. The
walk would start at Old Town parking lot. and proceed up Elm Street to N. Santa Cruz
Avenue, up Santa Cruz to Town Plaza. Mayor Ventura stated this would be referred to
staff for report to be presented at April 18, 1983 Council meeting.
RENTAL MEDIATION RE ARBITRATION
Town Attorney stated this was an Urgency Ordinance to provide for arbitration under
Town Regulations. Due to lack of full Council and the need for four-fifths vote on an
urgency ordinance Mrs. Rasmussen moved this item be continued to April 18th, 1983.
Mr. Daily seconded. Carried unanimously.
APPEAL DELI-49 E. MAIN STREET
Town Manager Mora referred to letter received from Mr. & Mrs. Kay which points out
that it is impossible to comply with condition 3b as added by Council on March 21, 1983.
93B STATES "a new light shall be installed at the top of the stairway, subject to
approval by the Town Engineer). It was reported to Council that the stairway referred to
does not belong to the property at 49. E. Main, but to the Forbes Mill Condo's.
Discussion was held on placing of a light on the side of the building at 49 E., Main.
After further discussion Mayor Ventura moved that condition 3b be changed to read "A
new light shall be installed on the side of the building midway between the front and
rear, subject to the approval of the Town Engineer". Mrs. Rasmussen seconded.
Carried unanimously. Mrs. Rasmussen moved for adoption of Resolution No. 1983-64
entitled, RESOLUTION DENYING APPEAL FROM PLANNING COMMISSION (49 East
Main Street - Kay). Mrs. Benjamin seconded. Carried by vote of three ayes. Mayor
Ventura voting no.
AMENDMENT VILLA VASONA DISPOSITION
Town Attorney referred to Resolution No. 1983-57 adopted at the March 21. 1983
meeting and the amendment to the Occupancy Preference System as suggested by Mr.
Daily. The Attorney stated HUD objected to said revision so before Council tonight is
revised document on the Occupancy Preference System as approved by HUD. Mrs.
Rasmussen moved for adoption of Resolution No. 1983-65 entitled, RESOLUTION
AUTHORIZING FURTHER AMENDMENTS TO AGREEMENT FOR DISPOSITION OF
PROPERTY DATED OCTOBER 27, 1982. Mrs Benjamin seconded. Carried by votes
of three ayes. Mr. Daily abstained.
COMMUNITY HOUSING DEVELOPERS GROUP HOME
Town Attorney referred to Community Developers recently purchasing a home on Los
Gatos Boulevard with the intention of using it to house eight senior citizens in a group
living arrangement using one kitchen. The question is whether this kind of arrangement
requires a use permit. After some discussion it was consensus of Council to refer this
issue to staff and Planning Commission.
REPORT ON BERRY SCHOOL SALE
Town Manager referred to reports received from the other Town departments, and
recommends no final action be taken tonight as School District has not set a minimum
bid. This will be done at their meeting of April 13, 1983. Mr. Mora stated Council might
wish to establish a joint committee of Council and School Board of Trustees to work
together on possible options. Speaking on the issue were Lee Walton, Gary Gilmore,
Richard abdaiah and Dr. Joseph Decker, President of Jewish Community Center. After
discussion on bidding procedures, restrictions of purchase under Naylor bill, it was
consensus of Council to refer this to staff for report on what School Board options are;
what are the different alternatives, how acquisition will effect our funds, a lease
purchase be investigated, and possibility of Town purchasing portion of land for open
space, and agendized this for April 18th, 1983.
ESTABLISHMENT OF NON-PROFIT CORPORATION CABLE TV
Mrs. Benjamin moved Council approve in concept the draft Articles of Incorporation and
instruct Town Attorney to draft final Articles of Incorporation for submission to the
Secretary of State; and authorize staff to negotiate and execute a Lease Agreement
with the Los Gatos Joint Union High School District for the provision of facilities for local
origination and community access for the cable television system. Mr. Daily seconded.
Carried unanimously.
SEWER FAILURE TRACT 6309 & 6532
Mrs. Rasmussen moved Council accept staff recommendation declaring the sewer
repair work as an emergency and authorize staff to repair the sewer without formal
bidding; and approve a fund transfer for sewer maintenance from General Fund
Contingency in the amount of $15,000. Mayor Ventura seconded. Carried
unanimously.
STOP NEIGHBORHOOD PRISONS RALLY
Mr. Daily moved Council grant request for a rally to be held on April 23, 1983, with
conditions as set forth in previous report. Mrs. Benjamin seconded. Carried
unanimously.
TOWN ATTORNEY CONSULTANT RECRUITMENT
Town Manager reported since last meeting Mr. Hays has indicated his reconsideration
of his resignation and has indicated that he would like to remain as Town Attorney, and
willingness to provide legal services to the Town under the parameters previously
established by Council. Mayor Ventura moved that due to lack of full Council the
selection of Consultant for Town Attorney recruitment be continued and reagendized for
April 18, 1983 and Mr. Hays directed to submit a proposal in writing to the Council. Mr.
Daily seconded. Carried by vote of three ayes. Mrs. Rasmussen voting no.
PREFERENTIAL PARKING FOR NON-RESIDENTS
Town Manager stated a request had been received from a nonresident owner in the
Almond Grove Area for the issuance of a preferential parking guest permit. Discussion
was held on the need for such a permit. Mrs. Rasmussen moved Council direct Town
Attorney to draft an amendment to the Preferential Parking Ordinance to allow for
issuance of one permit per non-resident owner, and present to Council for their
consideration. Mrs. Benjamin seconded. Carried unanimously.
GUADALUPE COLLEGE SIGHT
Town Manager reported that Little Hoover Commission's report had been received and
each Council member was provided with a copy of said report plus a draft analysis of
the report. Assemblyman Art Agnos introduced AB-2149 in the legislature after release
of the report and Mr. Agnos is proposing acquisition of the Guadalupe College site by
the State for a prison. Discussion was held re hiring of a lobbyist. The two firms in
contention for hiring are Ochoa, Barbosa & Sillas or Dennis Valentine of Valentine, Inc.
Mrs. Rasmussen moved Council hire the firm of Valentine Inc.. Motion dies for lack of
second. After further discussion Mr. Daily move for adoption of RESOLUTION NO.
1983-66 entitled A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A
CONTRACT FOR LOBBYIST SERVICES (hiring of Ochoa, Barbosa and Sillas). and
authorize a cap expenditure be set in the amount of $5,000.00. Mayor Ventura
seconded. Carried unanimously. Mr. Charles Bedolla, representative of Sisters of
Charity spoke on the issue of conflicting requirements of potential purchasers. He
wants to be advised of any conditions that Town would impose on property, so he can
advise any potential buyers. Town Manager stated concerns of Council had been set
forth in previous report and he would see that Mr. Bedolla received a copy of these.
Discussion was held on setting of Mayors committee meeting for April 10, 1983 at 7:00
p.m. in the Neighborhood Center.
ADJOURNMENT
Mayor Ventura declared the meeting adjourned at 10:40 p.m.
ATTEST:
Rose Aldag
Town Clerk