M 08-15-83TOWN OF LOS GATOS
TOWN COUNCIL MEETING
AUGUST 15, 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.
ROLL CALL
PRESENT: Joanne Benjamin, Terrence J. Daily, Thomas J. Ferrito and Vice-Mayor
Marlyn J. Rasmussen.
ABSENT: Mayor Brent N. Ventura.
PLEDGE OF ALLEGIANCE
Given by all in attendance.
CLOSED SESSION
Vice-Mayor Rasmussen stated the following items were discussed during the closed
session:
1. Personnel and labor relations
2. Toll House
3. Council authorized the Town Attorney to retain Ellman, Burke and Cassidy as special
Counsel in litigation against the County.
ITEMS REMOVED FROM AGENDA
Item #20, Treasurer's report for June, 1983 removed from agenda.
Item #38, Mr. Ferrito moved to continue the discussion of reducing the Planing
Commission from nine to seven members to September 6th, accept applications until
noon September 14th and hold interviews for the Planning Commission on September
19th. Mr. Daily seconded. Carried unanimously.
Item #36, Mr. Steadman, 41426 Roberts Avenue, Fremont, requested the Montclair
Storm Drain Project 262-SD be continued to September 6th Council meeting. It was
consensus of Council to continue this item.
WRITTEN COMMUNICATIONS (referral/file)
a. Letter from Rebecca Morgan, Chairperson of the County Board of Supervisors,
requesting the Town adopt the countywide Building Application Simplification and
Standardization Task Force (Bass). Mr. Daily moved to refer this item to the Planning
Commission. Mrs. Benjamin seconded. Carried unanimously.
b. Letter from James D Lewis regarding the various Town Handicapped Access
Projects. Mr. Daily moved to refer this to staff for a report at the September 6, 1983
Council meeting. Mrs. Benjamin seconded. Carried unanimously.
c. Request from Richard Mattern and other residents in the area for a meeting with
Town staff regarding Cypress Way Road conditions. Mr. Daily moved to refer this to
staff for a report on September 6, 1983 in conjunction with a report on all roads
damaged this past winter. Mrs. Benjamin seconded. Carried unanimously.
d. Letter from the Church of Jesus Christ of Latter Day Saints requesting the Town to
proclaim Thanksgiving Week, November 20-26, as "National Family Week". Mr. Daily
moved to refer to the Mayor for a proclamation. Mrs. Benjamin seconded. Carried
unanimously.
e. Letter from Thomas Salciccia regarding tree and foliage removal from properties
located at 17100 Summit Way and 14990 Winchester Boulevard. Note and file.
SCHEDULE OF PUBLIC HEARINGS
Council informational item.
PLANNING DEPARTMENT MONTHLY REPORT
Council informational item.
RESOLUTION AUTHORIZING EXECUTION OF CONTRACT WITH T.U.R.N.
Mr. Daily moved to adopt Resolution No. 1983-158 entitled, A RESOLUTION
AUTHORIZING THE TOWN MANAGER TO NEGOTIATE AND EXECUTE A
CONTRACT WITH T.U.R.N. (TOWARD UTILITY RATE NORMALIZATION). Mrs.
Benjamin seconded. Carried unanimously.
PEDRO'S WHEELCHAIR ACCESS MODIFICATION
Mr. Daily moved to authorize the Mayor to execute and the Town Clerk to record a
Notice of Completion and Certificate of Acceptance for project located at 316 N. Santa
Cruz Avenue. Mrs. Benjamin seconded. Carried unanimously.
POLICE VEHICLE REPLACEMENT
Mr. Daily moved to adopt Resolution No. 1983-159 entitled, RESOLUTION OF THE
TOWN COUNCIL OF THE TOWN OF LOS GATOS APPROVING PLANS AND
SPECIFICATIONS FOR THE PURCHASE OF A 1982 OR LATER MODEL USED CAR
FOR POLICE INVESTIGATIONS USE, and authorize the Town Clerk to advertise for
bids for a used car from a rental agency. Mrs. Benjamin seconded. Carried
unanimously.
SENIOR HOUSING PROVISION AGREEMENT-221 LOS GATOS BOULEVARD
Mr. Daily moved to adopt, with amendments, Resolution No. 1983-160 entitled, A
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AND
AUTHORIZING THE MAYOR TO SIGN A HOUSING PROVISION AGREEMENT
BETWEEN THE TOWN AND COMMUNITY HOUSING DEVELOPERS FOR THE
PARTIAL ACQUISITION COSTS OF A SENIOR CITIZEN GROUP HOME LOCATED
AT 221 LOS GATOS BOULEVARD and authorize the Mayor to sign the Housing
Provision Agreement with Community Housing Developers. Mrs. Benjamin seconded.
Carried unanimously.
AMENDMENT TO POSITION CLASSIFICATION PLAN
Mr. Daily moved to adopt Resolution No. 1983-161 entitled, A RESOLUTION OF THE
TOWN COUNCIL OF THE TOWN OF LOS GATOS APPROVING AN AMENDMENT
OF TOWN'S POSITION CLASSIFICATION PLAN with the removal of Code Enforcer
Administrator classification. This item will be presented to Council with a report at the
September 6, 1983 Council meeting. Mrs. Benjamin seconded. Carried unanimously.
SETTING SALARIES FOR HOURLY EMPLOYEES FOR FY 1983-84
Mr. Daily moved to adopt Resolution No. 1983-162 entitled A RESOLUTION SETTING
SALARIES FOR HOURLY EMPLOYEES FOR FISCAL YEAR 1983-84. Mrs. Benjamin
seconded. Carried unanimously.
PARKING PROHIBITION-UNIVERSITY AVENUE
Mr. Daily moved to adopt Resolution No. 1983-163 entitled, PARKING PROHIBITION-
UNIVERSITY AVENUE. (No parking on West side of University Avenue South of Lark
Avenue). Mrs. Benjamin seconded. Carried unanimously.
SARATOGA AVENUE WIDENING-PROJECT 283
Mr. Daily moved to accept report and adopt Resolution No. 1983-164 entitled,
RESOLUTION APPROVING THE COOPERATIVE AGREEMENT WITH THE STATE
OF CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR THE WIDENING OF
SARATOGA AVENUE (HIGHWAY 9) BETWEEN MASSOL AVENUE AND NORTH
SANTA CRUZ AVENUE (PROJECT 283-GF). Mrs. Benjamin seconded. Carried
unanimously.
STREET LIGHT CONVERSION-PROJECT 282
Mr. Daily moved to accept staff recommendation and approve a supplemental
appropriation from the General Fund Appropriated Reserve in the amount of $8,000.00
for additional work required to complete Project 282, Street Light Conversion. Mrs.
Benjamin seconded. Carried unanimously.
INSTALLATION CROSSWALK-WINCHESTER BOULEVARD AND ALBRIGHT WAY
Mr. Daily moved to accept staff recommendation and decline to install a crosswalk
across Winchester Boulevard at Albright Way. Mrs. Benjamin seconded. Carried
unanimously.
TRAFFIC ENFORCEMENT
Mr. Daily moved Council accept staff report on traffic enforcement in the Loma Alta,
Vista del Monte, Harding and Englewood Avenue areas. Mrs. Benjamin seconded.
Carried unanimously.
MINUTES
Mrs. Benjamin moved minutes of August 1, 1983 be approved as submitted. Mr. Daily
seconded. Carried by a vote of three ayes. Vice-Mayor Rasmussen abstained.
WRITTEN COMMUNICATIONS (for action)
a. Letter from Dennis Burrow submitting his resignation from the Community Services
and Development Commission. Mrs. Benjamin moved to accept resignation with
regrets and staff to prepare a resolution of commendation. Clerk to advertise the
vacancy and set September 19, 1983 for interviews prior to the Council meeting. Mr.
Daily seconded. Carried unanimously.
b. Letter from Richard Gaines regarding California Energy Extension Service. Mr.
Ferrito moved to authorize the Mayor to provide a letter of support concerning the
proposal for the C.E.E.S. project. Mrs. Benjamin seconded. Carried unanimously.
c. Letter from Sam Farr, Member of the State Assembly, requesting a letter be sent
endorsing the placement of the Parklands Bond Act of 1984 on the June ballot. Mr.
Daily moved that Council authorize the Mayor to send a letter communicating the
Town's recommendation this be placed on the ballot. Mrs. Benjamin seconded. Carried
unanimously.
WARRANT DEMAND LIST JULY 1983
Mrs. Benjamin moved for the approval of Warrant Demand List for July 1983. Mr. Daily
seconded. Carried unanimously.
FINANCIAL STATEMENT JULY 1983
Mrs. Benjamin moved for approval of the financial Statement for July 1983. Mr. Daily
seconded. Carried unanimously.
TREASURER'S REPORT-JUNE 1983
Continued to September 6, 1983 Council meeting.
ABANDONMENT PORTION OF 275 SARATOGA AVENUE(MULVANY)
Vice-Mayor Rasmussen stated this was the time and place duly published for public
hearing to consider the request to vacate excess portion of a public thoroughfare,
There was no discussion by Council or members of the audience. Mr. Daily moved
hearing be closed. Mrs. Benjamin moved to adopt Resolution No. 1983-165 entitled,
ORDER VACATING EXCESS PORTION OF A PUBLIC THOROUGHFARE ALONG
(275 SARATOGA AVENUE) FOR PUBLIC ROAD PURPOSES. Mr. Daily seconded.
Carried unanimously.
BONNIE LANE ASSESSMENT DISTRICT
Vice-Mayor Rasmussen stated this was the time and place duly published for public
hearing to consider the adoption of Resolution ordering changes and modifications for
the Bonnie Lane Assessment District. Arlan Anderson, 16425 Bonnie Lane, spoke
against saving the hedge. Betty Anderson also spoke on this issue. After Council
questions and discussion, Mr. Daily moved to stripe no more that the length of the 20
foot wide portion of the roadway and return with a report on September 5, 1983 (public
hearing continued to the next meeting). Mrs. Benjamin seconded. Carried
unanimously.
GENERAL PLAN AMENDMENT GP-83-3 CONCERNING PARKING &
CIRCULATION
Vice-Mayor Rasmussen stated this was the time and place duly published for public
hearing to consider the General Plan Amendment GP-82-3, concerning amendments to
the text of the Downtown Specific Plan, which is part of the General Plan concerning
parking and circulation. George Tobin, 246 W. Main St.; Ted Shebs, 225 Saratoga
Avenue; Tom Baer Co-Chair of the Parking Committee; Robert Cowan, 222 Tait
Avenue; Frank Howell, Representing the Chamber of Commerce Parking Committee;
Teri Hope, business owner on W. Main Street; and Sue La Forge, President of the
Chamber of Commerce all spoke on finding a solution to the parking problem in the
downtown area and the financial burden of a parking district. Staff to contact the City of
Cupertino on how their transportation element relates to their General Plan. Mrs.
Benjamin moved to continue the public hearing to September 6, 1983. Mr. Ferrito
seconded. Carried unanimously.
APPEAL SOLAR HOT WATER HEATING-285 POLLARD ROAD
Vice-Mayor Rasmussen 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-81-42A denying the request for modification of conditions to require
solar hot water heating in the proposed professional building located at 825 Pollard
Road. There was no discussion by Council or members of the audience. Mrs.
Benjamin moved public hearing be closed. Mr. Daily seconded. Carried unanimously.
Mrs. Benjamin moved to deny the appeal and finds the Planning Commission did not err
in making its decision because no new evidence was submitted by Council. Mr. Daily
seconded. Carried unanimously. The Town Attorney to prepare a resolution for Council
consideration at the meeting of September 6, 1983.
APPEAL-SOLAR HOT WATER HEATING-14981 NATIONAL AVENUE
Vice-Mayor Rasmussen 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-81-34B, denying the request for modification of conditions to require
solar hot water heating in the proposed professional building located at 14981 National
Avenue. There was no discussion by Council or members of the audience. Mr. Daily
moved public hearing be closed. Mrs. Benjamin seconded. Carried unanimously. Mrs.
Benjamin moved to deny the appeal and finds the Planning Commission did not err in
making its decision because no new evidence was submitted to Council. Mr. Daily
seconded. Carried unanimously. The Town Attorney to prepare a resolution for Council
consideration at the meeting of September 6, 1983.
RECESS
Vise-Mayor Rasmussen declared a ten minute recess.
VERBAL COMMUNICATIONS
David Brewer, employee of Rolm Corporation, requesting permission to use the Los
Gatos Creek Bike and Running Trails for their Triathlon. This is to be presented at the
next Council meeting (September 6, 1983) with a report to staff.
Mr. Overhouse, Wooded View Drive, spoke on concern of his slide issue being delayed
from one Council meeting to the next. He withdrew his offer to help pay for the repairs
and will proceed on his own. Council delay due to not having a full Council.
CLAIM FOR DAMAGES-CHRISTOPHER B. STILLE
Mrs. Benjamin moved that the claim filed on behalf of Christopher B. Stille be denied.
Mr. Daily seconded. Carried unanimously.
CLAIMS FOR DAMAGES-ANN BERGMAN
Mr. Ferrito moved to accept staff recommendation and approve the claim in the sum of
$1,034.75 for Ann Bergman. The Town Attorney to report on possible recovery of costs
due to Bergman contractor's error. Mr. Daily seconded. Carried unanimously.
TOXIC CONTAINMENT BILL AB 1362
Mr. Ferrito moved for staff to report on the results of the legislative action of AB-1362 on
August 17, 1983. Mr. Daily seconded. Carried unanimously.
ANIMAL CONTROL
The Town Attorney spoke on his report and after discussion by Council Mr. Daily moved
to continue item until the Town has a full time Attorney. In the interim staff to prepare a
report on how much of a problem this really is. Mrs. Benjamin seconded. Carried
unanimously.
MOSQUITO ABATEMENT ORDINANCE
Mr. Ferrito moved reading be waived for ORDINANCE ADDING ARTICLE 111 TO
CHAPTER 22 OF THE TOWN CODE RELATING TO MOSQUITO ABATEMENT. Mrs.
Benjamin seconded. Carried unanimously. Deputy Clerk read title. Mr. Ferrito moved
Ordinance be introduced. Mrs. Benjamin seconded. Carried unanimously.
APPEAL DENIAL 110 CEDARCREST
Mrs. Benjamin moved to adopt Resolution No. 1983-166 entitled, RESOLUTION
DENYING APPEAL FROM DECISION OF BUILDING OFFICIAL. Mr. Daily seconded.
Carried unanimously.
RENTAL MEDIATION ORDINANCE
Mrs. Benjamin moved to adopt Ordinance No. 1588 entitled, ORDINANCE AMENDING
SECTION 24.20.055 OF THE TOWN CODE TO REDEFINE ARBITRATOR AND
ELIMINATE REFERENCE TO HEARING OFFICER. Mr. Daily seconded. Carried by a
vote of three ayes. Vice-Mayor Rasmussen abstained.
REVISED TOWN PERSONNEL ORDINANCE
Mr. Mora spoke on his report. Mr. Bud Griffiths, ASMA 101 Representative, requested
the Appeals Procedure be left as is. After discussion by Council Mr. Ferrito moved to
continue this item to September 6, 1983 for a vote by the full Council and staff to report
on the alternatives available to Council on the Personnel Board findings. Mr. Daily
seconded. Carried unanimously.
SPEED LIMIT KNOWLES DRIVE
Mrs. Benjamin moved to adopt Ordinance No. 1589 entitled AN ORDINANCE OF THE
TOWN OF LOS GATOS AMENDING SECTION 16-43.2 OF THE LOS GATOS TOWN
CODE FOR ESTABLISHING SPEED LIMITS ON CERTAIN STREETS. Mr. Daily
seconded. Carried unanimously.
ORDINANCE AMENDING CHAPTER 23 OF THE TOWN CODE -PURCHASING
Mr. Mora spoke on his report and there was discussion by Council and Mr. Griffiths of
ASME. Mrs. Benjamin moved to adopt Ordinance No. 1590 entitled, ORDINANCE
AMENDING SECTION 23.6 OF THE TOWN CODE TO INCREASE DOLLAR LEVEL
FOR FORMAL BID REQUIREMENTS. Mr. Daily seconded. Carried unanimously.
TOWN PERSONNEL RULES
Mr. Ferrito moved to adopt Resolution No. 1983-167 entitled A RESOLUTION OF THE
TOWN COUNCIL OF THE TOWN OF LOS GATOS APPROVING AND ADOPTING
REVISED TOWN PERSONNEL RULES. Mr. Daily seconded. Carried unanimously.
MONTCLAIR STORM DRAIN-PROJECT 262-SD
This item has been continued to the September 6, 1983 Council Meeting.
OAK MEADOW PARK PARKING FEES & CHARGES
Mr. Mora spoke on this issue. After discussion by Council, Vice-Mayor Rasmussen
moved to continue this item to the September 6, 1983 Council for a full Council. Mrs.
Benjamin seconded. Carried unanimously.
REDUCING PLANNING COMMISSION
Continued for discussion and vote by a full Council on September 6, 1983.
ELECTION OF DELEGATES FOR LCC ANNUAL MEETING
Vice-Mayor Rasmussen moved Mayor Ventura be the voting delegate and Mrs.
Benjamin be the voting alternate. Mr. Daily seconded. Carried unanimously.
EMERGENCY ACCESS ROADS
Continued to the September 6, 1983 Council Meeting.
SUPPORT SB-4
Mr. Ferrito stated that SB-4 provides that attorney fees, expert witness fees and other
reasonable costs could be provided to residential utility customers or their
representatives who intervene in a rate case before the Public Utilities Commission but
does not currently include local governments as an eligible representatives. Mr. Ferrito
moved to support in the efforts to amend SB-4 to include local government. Mrs.
Benjamin seconded. Carried unanimously.
IGC MEETING
Mr. Ferrito reported the Town requested from the IGC help in dealing with the County to
get on overall policy to pay for maintenance of County or County Transit bus stops.
SOFTBALL GAME
The Town Council and Planning Commission challenge the employees to a softball
game. Mr. Daily moved to herewith lay down a challenge that the Town Council and
Planning Commission combined shall field a softball team to play the Town employees
on Friday night September 9th. Winner to be treated to an evening of pizza and
refreshments after the game. Mr. Ferrito seconded. Unanimously carried.
ADJOURNMENT
Vice-Mayor Rasmussen moved the meeting be adjourned at 11:00 p.m. to an executive
session at 3:30 p.m. on Thursday August 18, 1983. Mr. Daily seconded. Carried
unanimously.