M 09-19-83September 19, 1983
TOWN COUNCIL
The Town Council of the Town of Los Gatos met in the Council Chambers of the Town
Hall at 9:15 p.m., in regular session. Meeting convened late due to interviews of 18
applicants for the two openings on the Planning Commission.
ROLL CALL
PRESENT: Joanne Benjamin, Terrence J. Daily, Thomas J. Ferrito and Mayor Brent
Ventura.
ABSENT None.
PLEDGE OF ALLEGIANCE
Given by all in attendance.
CLOSED SESSION
Mayor Ventura stated Council met in Closed Session prior to the Council meeting and
discussion the following:
Personnel matter
Denied the claim submitted by the Los Gatos Athletic Club and Mr. McCoomb. Vote on
this issue was two votes for denying and two abstained.
Discussed labor relations.
Discussed pending litigations on Novitiate, Toll House, Forbes Mill and County
Also discussed potential litigation.
ADDED AGENDA ITEMS
Mrs. Benjamin moved to add the following agenda items: 20A. Approval of minutes of
September 13, 1983 meeting. 19A. Adoption of Resolution approving amendment to
Town Manager's Contract. 38A. Adoption of Ordinance decreasing the regulatory fee
for Rental Mediation Program. 40. Notification of one vacancy on the Los Gatos
Community Cablevision Board. Mr. Ferrito seconded. Carried unanimously.
PRESENTATION
Mayor Ventura presented Dennis Burrow with Resolution of Commendation for his
services to the Community by serving on the Community Services and Development
Commission.
PLANNING COMMISSION APPOINTMENTS
Mayor Ventura stated nominations were open for the two vacancies on the Planning
Commission and explained the procedures. Nominated were: Gerald Ridley, Ann
Whyte, Catherine Smith, Richard Gaines, Timothy Coughlin, Terry Dowell, Susan
Grimes and Lester Attaway. Voting was held and receiving the majority of votes were
Catherine Smith and Gerald Ridley. Mayor Ventura thanked all applicants for their
interest in said positions and congratulated Catherine Smith and Gerald Ridley on their
appointments.
SARATOGA AVENUE IMPROVEMENTS PROJECT 283
Mrs. Benjamin moved to accept staff recommendation and award the contract for
Project 283, Saratoga Avenue widening, to Norman B. Houge, Inc. in the amount of
$185,804.70. Mr. Daily seconded. Carried unanimously. Discussion was held on
landscaping of this area. Staff to meet with Council and go over plans.
CYPRESS WAY, BLOSSOM HILL RD. AND VILLA AVENUE STORM SLIDE REPAIRS
Mr. Ferrito moved to accept staff recommendations and award the contract for Project
290, Cypress Way-Blossom hill and Villa Avenue Slide Repairs to Lew Jones
Construction Company in the amount of $222,440.00 and approve a supplemental
appropriation from the General Fund Appropriated Reserve in the amount of
$223,562.00. Mr. Daily seconded. Carried unanimously.
COMMUNICATIONS (referral/file)
a. Letter from Chamber of Commerce regarding review of Business License Tax for the
Town of Los Gatos. Mrs. Benjamin moved to refer this to Town Manager. Mr. Daily
seconded. Carried unanimously. Town Manager stated he has already met with the
subcommittee of the Chamber of Commerce concerning revisions in the business tax.
b. Letter from Lee Dimter regarding Police Department Information Policy. Mrs.
Benjamin moved to refer this correspondence to Town Manager and Chief of Police for
report back to Council on October 17, 1983. Mr. Daily seconded. Carried unanimously.
c. Letter from Attorney Ralph Dixon regarding problem parking at 20 Lyndon Avenue in
conjunction with business of Dan's Deli. Mrs. Benjamin moved this be referred to
Planning Director and Town Attorney for response. Mr. Daily seconded. Carried
unanimously.
d. Letter from Southhampton Co. regarding Solar Fair. Mrs. Benjamin moved this be
referred to Mayor for proclamation. Mr. Daily seconded. Carried unanimously.
e. Letter from Mid-Peninsula Support Network, enlisting Council's assistance in
commemoration the National Day of Unity Against Domestic Violence. Mrs. Benjamin
moved to refer this to the Mayor for a proclamation. Mr. Daily seconded. Carried
unanimously.
SCHEDULE OF PUBLIC HEARINGS
Council informational.
SHANNON ROAD NO. 17 ANNEXATION
Mr. Daily moved to continue this item to October 17, 1983 at request from property
owner. Mrs. Benjamin seconded. Carried unanimously.
NOTICE OF COMPLETION-COUNTRYMAN'S CADILLAC
Mayor Ventura questioned landscape agreement for this project. It was consensus of
Council this be continued to October 17, 1983 and staff to contact Countryman's
regarding street trees in parking strip.
REVOCABLE PERMIT FOR WALTER FRANCK
Mrs. Benjamin moved that Council authorize the Director of Public Works to issue and
record a revocable permit to Walter A. Franck and Joan B. Franck, for use of a portion
of public property in Parking Lot No. 3. Mr. Daily seconded. Carried unanimously.
USE OF FUNDS HIGHWAY 17 REPAIR
Mrs. Benjamin moved for adoption of Resolution No. 1983-187 entitled, A
RESOLUTION REDESIGNATING HIGHWAY 17 TO PERMIT BROADER USE OF
FEDERAL HIGHWAY FUNDS. Mr. Daily seconded. Carried unanimously.
PROJECT 291-REROOFING RECREATION BUILDING
Mrs. Benjamin moved for adoption of Resolution No. 1983-188 entitled, RESOLUTION
OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS APPROVING PLANS AND
SPECIFICATIONS FOR PROJECT 291-RECREATION BUILDING ROOFING, and
direct the Town Clerk to advertise for bids. Mr. Daily seconded. Carried unanimously.
COMMUNITY ENERGY AUTHORITY AB 1659
Report on AB 1659 for Council information.
FEDERAL ASSISTANCE STORM DAMAGE REPAIRS
Information report for Council.
SAN JOSE REFERRAL-MC BAIN
Mr. Ferrito questioned staff if Town could prohibit access of a San Jose development to
Los Gatos Road. The Town Attorney, Mr. Hays, stated if there is an alternative access
then the Town could deny access with lesser reasons for it. But feels the Town does
not have a legal right to deny access to a public street.
COUNTY PROPOSED REVISION OF THE GENERAL PLAN HILLSIDE
DEVELOPMENT
Mayor Ventura stated he feels the idea of acquiring the open space dedication is
probably, in the better long term interest of, what our goals are in our hillside areas than
the proposed County amendment. Mayor Ventura moved to notify the Board of
Supervisors that the Town Council opposes the proposed amendment to the General
Plan on basis of lack of open space dedication. Mr. Ferrito seconded. Carried
unanimously.
ZONING ORDINANCE AMENDMENT RE FRATERNAL ORGANIZATIONS
Mrs. Benjamin moved the adoption of said ordinance be continued to October 17, 1983.
Mr. Daily seconded. Carried unanimously.
ICMA RETIREMENT CORPORATION
Mrs. Benjamin moved for adoption of Resolution No. 1983-189 entitled, A
RESOLUTION ADOPTING THE ICMA DEFERRED COMPENSATION PLAN,
EXECUTING THE ICMA RETIREMENT TRUST AND ADOPTING A TRUST
AGREEMENT WITH ICMA RETIREMENT CORPORATION. Mr. Daily seconded.
Carried unanimously.
SENIOR GROUP HOME
Mrs. Benjamin moved to accept staff recommendation and suspend the Housing
Conservation Program requirements for the Senior Group Home and approve a
deferred rental rehabilitation loan for a maximum of $25,000.00 at a zero percent
interest rate. Mr. Daily seconded. Carried unanimously.
SUPPLEMENTAL APPROPRIATION PURCHASE OF BUS STATION BENCH
Mrs. Benjamin moved to approve supplemental appropriation of $500.00 from the
Federal Revenue Sharing Contingency for the acquisition of a bench to be installed at
the Bus Station at 145 N. Santa Cruz Avenue. Mr. Daily seconded with amendment to
motion to include the directing of staff to send letter of appreciation to Emerson Shaw
for his donation. It was noted that Mr. Emerson Shaw has already donated $25.00 to
this effort. Mrs. Benjamin accepted amendment. Carried unanimously.
SANTA CLARA COUNTY REVENUE AGREEMENT BOND (VILLA VASONA)
Mrs. Benjamin moved for adoption of Resolution No. 1983-191 entitled, A
RESOLUTION OF TOWN COUNCIL OF THE TOWN OF LOS GATOS AUTHORIZING
EXECUTION OF AN AGREEMENT and authorize the Mayor to enter into said
agreement with the County of Santa Clara and Jack Sheehan, Villa Vasona Ltd. Mr.
Daily seconded. Carried unanimously.
EMPLOYMENT AGREEMENT FOR TOWN MANAGER
Mrs. Benjamin moved for adoption of Resolution No. 1983-192 entitled, A
RESOLUTION APPROVING AMENDMENTS TO THE TOWN MANAGER
EMPLOYMENT AGREEMENT, TO BE EFFECTIVE JULY 1, 1983. Mr. Daily seconded.
Carried unanimously.
COMPARABLE WORTH STUDY
The Town Manager spoke on report presented to Council, stating report represents joint
work with staff, Town Employees Association and other employee bargaining units.
Jackie Spillane and Louise Meineke, members of Comparable Worth Committee;
Barbara Kendrich, President of TEA spoke on the issue stating salary discrepancies
which apply primarily to women's positions, the fact of unintentional sex discrimination is
the major finding of the study and recommendations to the Council is that Comparable
Worth study stands alone and is not to be used in any other negotiations. The
implementation of said report to begin by January 1984 and be completed within two
years. Bill Callahan and Dale Hill also spoke on this issue. Mayor Ventura stated, for
the record, that Council has become familiar with this document and knows the work
that has gone into it and is very pleased with the results. After further discussion, Mr.
Ferrito moved to approve the report of Comparable Worth Study; Council express its
commitment to implement, as soon as possible, the results of the study in accordance
with Town Employee compensation policies subject to Meyers-Millias-Brown Act and, in
addition, Council commits that no salary will be reduced. Mayor Ventura seconded.
Carried unanimously.
RECESS
Mayor Ventura declared a recess. Meeting reconvened at 10:30 p.m.
APPEAL-WESTERNER PRE-SCHOOL
Mayor Ventura stated this was the time and place duly noted for continued public
hearing on appeal of Planning Commission's decision on the placing of inadequate
additional conditions on Conditional Use Permit Application U-63-2A. Lee Bowman
reported that on April 5, 1982, Council had modified Planning Commission conditions
and those are the conditions being followed. Mrs. Maureen Heberling, 291 Hershner
Court, stated the school has not complied with rules as set forth by Council. Mrs.
Heberling also stated Police are not patrolling the area and cars are parking in the
Court. Tom Anderson, 275 Hershner Court, also spoke regarding parking of cars in the
court. Dan Gallagher, Attorney representing the Westerner Pre-School, stated there
has been no intensification of the school and owners are following all rules as set forth.
Cheryl Storm, owner of the Pre-School, spoke on how parents are informed of rules for
using Hershner Court and where they should park. Also speaking against the appeal
were Linda DeHart, Terry Tannemout, Mary Jo Greco, John Hulme and Lois Perry. No
one else wished to speak, Mrs. Benjamin moved hearing be closed. Mayor Ventura
seconded. Carried unanimously. After further discussion, Mrs. Benjamin moved to
deny the appeal and does not find Planning erred in their decision. Mr. Daily moved to
amend the motion and modify condition (2) to read, "prohibit any meeting being held
after 5:30 p.m. and limit these meetings to two a year. All staff meetings to be held in
building across the street". Mrs. Benjamin accepted amendment to the motion. Mr.
Daily seconded. Carried by a vote of three ayes. Mayor Ventura voting no. It was
consensus of Council to direct Police to have regular spot checking on Hershner Court
and report back regarding citations etc., in six weeks. The Town Attorney to draft
necessary resolution for denial of appeal and present for Council consideration at the
next regular meeting.
MINUTES-SEPTEMBER 6, 1983
Discussion was held on minutes of September 6, 1983. Corrections were made on the
vote regarding Rental Mediation fees and requested Clerk listen to tape regarding
Mayor's comments on Cable TV status report. Mrs. Benjamin moved to accept minutes
of September 6, 1983 as corrected. Mayor Ventura seconded. Carried unanimously..
MINUTES-SEPTEMBER 13, 1983
Mayor Ventura moved minutes of special called meeting of September 13, 1983 be
approved as submitted. Mrs. Benjamin seconded. Carried unanimously.
WRITTEN COMMUNICATIONS (for action)
a. Report on petition received from John Dahl et al regarding parking in the area of
Fisher Junior High School. Mrs. Benjamin moved to direct the Police Department to
continue enforcement of the existing regulations on Nino Avenue adjacent to Fisher
School and as suggested by Mayor Ventura direct staff to present follow-up report at the
first meeting in November. Mayor Ventura seconded. Carried unanimously. Mr. Dahl
presented a letter to Council stating the petitions concurred in the recommendation
contained in the staff report that the existing no parking signs be enforced.
b. Letter from the Photographic Guild requesting waiver of fees for the use of the
Neighborhood Center. Mr. Daily moved Council approve the Photographic Guild's
request and waive the fees for the use of the Neighborhood Center on November 4th
and 5th. Mrs. Benjamin seconded. Carried unanimously.
c. Letter from the Chamber of Commerce requesting permission to hold sidewalk sales
on November 4th and 5th, 1983. Mr. Daily moved Council grant the request subject to
the applicant being required to coordinate facility use with the Parks Department and
applicant be responsible for clean-up. Mrs. Benjamin seconded. Carried unanimously.
d. Letter from Arthur Hill requesting Council permission to have food booths at Oak
Meadow Park in conjunction with Nuclear Freeze Walkathon to be held October 1,
1983. Mrs. Benjamin moved for approval of the request, subject to conditions that may
be imposed by the Parks Department and final approval by the County Health
Department. Mr. Ferrito seconded. Carried unanimously.
e. P.
g.& E. application no 83-08-65. Mr. Daily moved Council oppose request. Mrs.
Benjamin seconded. Carried unanimously.
f. Resignation of Patti Wilson from the Cultural Resource Commission. Mr. Daily
moved to accept resignation with regret and direct staff to prepare appropriate
Resolution of Commendation. Clerk to advertise the vacancy. Mrs. Benjamin
seconded. Carried unanimously.
g. Application of Seasons Friendly Eating Place, 165 Saratoga Avenue, for alcoholic
beverage license. Staff informed Council they have advised the restaurant that
Planning is advising ABC that no license be issued and the processing of application be
stopped at this point.
h. Letter from City Selection Committee asking Council to consider nominating a
member of the Council to succeed Councilman W. Podgorsek as a member of LAFCO.
Mrs. Benjamin nominated Mr. Ferrito who declined the nomination due to lack of time to
dedicate to the position. Mr. Daily nominated Brent Ventura who accepted the
nomination. Council vote was unanimous for the nomination.
i. Request from the Santa Clara Valley Water District regarding reappointment of
representative to the Central and North Central Flood Control Zone Advisory
Committee. Mr. Daily moved for reappointment of James Van Houten as the
representative of the Town to the committee and Gary Wolfinger as his alternate.
Mayor Ventura seconded. Carried unanimously.
AUGUST WARRANT DEMANDS
Mr. Daily moved Council approve the warrant demands for the month of August, 1983.
Mrs. Benjamin seconded. Carried unanimously.
FINANCIAL STATEMENTS FOR AUGUST
Mrs. Benjamin moved Council accept the financial statements for August, 1983 from the
Town Clerk's Office. Mr. Daily seconded. Carried unanimously.
TREASURER'S REPORT-JULY AND AUGUST
Mrs. Benjamin moved to accept the Treasurer's report for the months of July and
August, 1983. Mr. Daily seconded. Carried unanimously.
SAN BENITO ANDREWS AND SARATOGA AVENUE DIVERTERS
Mr. Daily moved to accept staff recommendation and continue the hearing to November
7, 1983 to permit a minimum of 30 days trial period with the traffic signals at N. Santa
Cruz Avenue and Andrews Street operational. Mrs. Benjamin seconded. Carried
unanimously.
GENERAL PLAN AMENDMENT TO DOWNTOWN SPECIFIC PLAN
Mr. Daily moved this public hearing be continued to October 17, 1983. Mrs. Benjamin
seconded. Carried unanimously.
APPEAL-PLAN FOR DWELLING AT 232 MASSOL
Mayor Ventura stated this was the time and place duly published for public hearing to
consider the appeal of Planning Commission's decision on Architecture and Site
Application S-81-70A, denying the request for approval of plans to construct a two
family dwelling in the R-1D-LHP Zone (232 Massol Avenue). Lee Bowman reported on
Planning Commission's denial of request, as they felt the house is not in keeping with
the Almond Grove area. Mr. Patterson, owner and appellant, spoke for the appeal as
his proposed house was not much bigger than other houses that Planning has approved
in the last two years. He presented an additional plan showing how building is placed
on the lot and referred to Granny Flats proposal which it was his understanding that
Council was encouraging due to lack of housing for the elderly. Ann Valk, 240 Massol
Avenue, spoke in opposition of the building as she feels it takes up to much of the lot
but favors the secondary unit. Bella Goins, spoke in favor of the building. Lois
Chapson spoke on her concerns regarding paving of alleyways. No one else wished to
speak on this issue. Mrs. Benjamin moved hearing be closed and Mr. Daily seconded.
Carried unanimously. Discussion was held on possibility of Mr. Patterson going back to
Planning Commission with an alternative plan. Mr. Ferrito moved the appeal be denied
and Council refer this back to Planning Commission (without any additional fees) giving
Council concerns that (1) size of the house does violate the spirit of the LHP Zone (2) it
was not the intent of RID Zone to encourage large homes and secondary units. Mayor
Ventura seconded. Carried by a vote of three ayes. Mrs. Benjamin voting no. The
Town Attorney directed to prepare necessary resolution for Council consideration at the
next meeting.
GENERAL PLAN AMENDMENT & EIR REPORT
Mayor Ventura stated this was the time and place duly noted for public hearing on the
General Plan and EIR report. Russ Louthian, Chairman of the Community Services and
Development Commission, submitted the following recommendations:
Sec. 2.0 LAND USE ELEMENT. Bed and Breakfast Inns should be allowed in
residential zones.
Sec. 3.0 HOUSING ELEMENT. Section 3-6 should read, "The secondary units
remains rental only.
Sec. 12.0 ENERGY ELEMENT. CSDC felt that the "installation of basic energy
conservation measures", should be reinstated.
Sec. 13.0 COMMUNITY DESIGN ELEMENT. Their recommendation is to delegate the
entire element.
Lela Austin spoke on her concerns regarding need to legalize secondary units in hillside
area. Also speaking on the report was Lois Chapson. After some discussion, Mrs.
Benjamin moved this be continued to October 17, 1983. Mr. Daily seconded. Carried
unanimously.
VERBAL COMMUNICATIONS
Mr. Dan Overhouse, 120 Wooded View Drive, spoke on his concerns regarding slides in
that area and when that matter would be on the agenda. Council directed the Town
Attorney and Town Manager to meet with Mr. Overhouse on Wednesday, September
21, 1983. To discuss this matter.
BASS TASK FORCE REPORT
Gary Eller, 71 Broadway, spoke on report that has gone through Intergovernmental
Committee, stating this has been passed by Cities of Santa Clara, Gilroy, Monte
Sereno, Campbell, San Jose, Cupertino, Santa Clara Board of Supervisors and Los
Gatos Planning Commission, and urges the Town Council to accept or adopt in principal
the staff report. Mrs. Benjamin moved to accept staff report and as suggested by Mr.
Ferrito, the Town will continue their way of noticing and way of handling minor
applications and this report to be forwarded to IGC. Mr. Daily seconded. Carried
unanimously.
RENTAL MEDIATION ORDINANCE INTERPRETATION
Mayor Ventura moved this be referred back to the Rental Advisory Committee for
further study. Mrs. Benjamin seconded. Carried unanimously.
ORDINANCE PROHIBITING SLEEPING IN CARS
Mayor Ventura moved for adoption of Ordinance No. 1592 entitled, ORDINANCE
AMENDING CHAPTER 16 OF THE TOWN CODE TO PROHIBIT SLEEPING IN CARS.
Mrs. Benjamin seconded. Carried unanimously.
USE OF TOWN FACILITIES
It was consensus of Council to continue this to October 17, 1983.
REVISED PERSONNEL ORDINANCE
Mayor Ventura moved for the adoption of Ordinance No. 1593 entitled, AN
ORDINANCE OF THE TOWN OF LOS GATOS REPEALING ORDINANCE 828 AND
ADOPTING ORDINANCE NO. 1593 CREATING AND ESTABLISHING A CIVIL
SERVICE SYSTEM FOR THE TOWN. Mrs. Benjamin seconded. Carried unanimously.
JOB RESEARCH PROGRAM MODIFICATIONS
Mr. Daily moved to accept staff recommendation and approve the age eligibility for the
Job Search Program to be 26 to 54 years of age and approve a non-resident member
fee of $20.00 for Job Search Services. Mayor Ventura seconded. Carried
unanimously.
1983 NEEDS ASSESSMENT REPORT
Mr. Daily moved to refer the 1983 Needs Assessment report to the Community Services
and Development Commission for further study and report by January 1984. Mr. Ferrito
seconded. Carried unanimously.
VEHICLE LOAD LIMITATION ON CYPRESS WAY
Engineer reported the necessity of this urgency ordinance to allow heavy vehicles to
travel on this road while slide area is being repaired. Mayor Ventura moved reading be
waived for the Urgency Ordinance No. 1594. Mr. Daily seconded. Carried
unanimously. Town Clerk read title. Mayor Ventura moved for adoption of Ordinance
No. 1594 entitled, AN URGENCY ORDINANCE OF THE TOWN OF LOS GATOS
DELETING SECTION 16-97 PROHIBITING THE USE OF CERTAIN STREETS BY
ANY VEHICLE EXCEEDING A GROSS WEIGHT LIMIT OF FIVE TONS. Mrs.
Benjamin seconded. Carried unanimously.
ORDINANCE DECREASING TOWN MEDIATION FEES
Mr. Ferrito moved for adoption of Ordinance No. 1595 entitled, AN ORDINANCE OF
THE TOWN OF LOS GATOS AMENDING SECTION 14.60.010 OF THE TOWN CODE
TO DECREASE THE REGULATORY FEE FOR THE RENTAL MEDIATION
PROGRAM. Mr. Daily seconded. Carried by vote of three ayes. Mayor Ventura
abstained.
AB 998
The Town Manager stated bill AB 998 provides for a statute of limitations on General
Plan challenges and is before the Governor now awaiting this signature. Mr. Ferrito
moved Council write Governor Deukmejian urging him to veto AB 998. Mayor Ventura
seconded. Carried unanimously.
ADVERTISE FOR OPENINGS ON BOARD AND COMMISSION
Council directed the Town Clerk to advertise for an opening on the Los Gatos
Community Cablevision Board and also the opening on the Cultural Resource
Commission.
ADJOURNMENT
At 1:15 a.m., Tuesday, September 20, 1983, the Mayor declared the meeting adjourned
to 8:00 p.m., Monday September 26, 1983 for interviews of Council applicants.