M 12-05-83TOWN COUNCIL MEETING
TOWN OF LOS GATOS, CALIFORNIA
DECEMBER 5, 1983
TOWN COUNCIL
The Town Council of the Town of Los Gatos met in the Council Chambers of the Town Hall at
7:40 p.m., in regular session.
ROLL CALL
PRESENT: Joanne Benjamin, Eric D. Carlson, Terrence J. Daily, Brent N. Ventura and Mayor
Thomas J. Ferrito.
ABSENT: None.
CLOSED SESSION REPORT
Mayor Ferrito reported that Council had met in Closed Session prior to the Council meeting and
discussed the following:
Labor relation issues
Personnel matters
Toll House litigation. This matter is settled. The Town and Toll House will each abandon their
appeals, execute mutual release and Town will pay $1,500.00 attorney fees award.
Discussed litigations of the Town vs. County and the City of San Jose issue.
PLEDGE OF ALLEGIANCE
Given by all in attendance.
ADDED AGENDA ITEMS
It was consensus of Council to add item 25, a Resolution opposing rate increases as proposed by
General Telephone Co. of California Mr. Ferrito informed Mr. Oliver this item would be formally
continued to December 12, 1983, to allow General Telephone to prepare for a report on this
issue.
Add item 12c, a letter from the Chamber of Commerce requesting permission to use the Civic
Center parking on December 10, 1983.
BID AWARD ROTARY MOWER
Robert Bryant, Director of Parks, Forestry and Maintenance Services, reported the Council had
approved specifications for a rotary mower and authorized the advertising for bids, with bid
opening to be November 30. 1983. No bids were received on that date and Mr. Bryant is
requesting authorization to readvertise for bids with bid opening date set for January 26, 1984.
Mr. Daily moved Council authorize the readvertisement for bids to be received on January 26,
1984. Mrs. Benjamin seconded. Carried unanimously.
COUNTY REFERRALS
Mr. Daily moved to accept staff recommendation on County Referrals as follows:
2013-30-48-83LA Aztec Ridge Dr. Hogan Lot line adjustment. Council to go on record
again expressing concern over the future of the property and the ridge and requesting the
continued cooperation of the County in the future to protect the ridgeline.
1393-29-41-31B-83LA Call of Wild Rd. Derylo Lot line No Comment.
2020-38-30-83P-83A Summit Road LDA Resubmittal No comment.
1865-30-45-83S (R-2) Soda Springs Rd. Noga Resubmittal No comment.
Mayor to send letter to Board of Supervisors regarding Aztec Ridge Drive referral. Mrs.
Benjamin seconded. Carried unanimously.
PLANNING REPORT DECEMBER
Mr. Daily moved to accept Planning Department/Planning Commission monthly report for
December, 1983. Mrs. Benjamin seconded. Carried unanimously.
SCHEDULE OF PUBLIC HEARINGS
Council information only.
KENNEDY ROAD SIDEWALK-PROJECT 287
Mr. Daily moved Council approve the Certificate of Acceptance and Notice of Completion for
Project 287, Kennedy Road Sidewalk; authorize the Mayor to execute said document and
approve a supplemental appropriation in the amount of $1,500.00 to complete said project. Mrs.
Benjamin seconded. Carried unanimously.
RESOLUTION OF APPRECIATION
Mr. Daily moved for adoption of Resolution No. 1983-236 entitled, A RESOLUTION
COMMENDING RUSSELL J. COONEY. Mr. Cooney has served on the Los Gatos Personnel
Board for five years. Mrs. Benjamin seconded. Carried unanimously.
TDA ARTICLE 3 FUNDS-BICYCLE & PEDESTRIAN FACILITIES
Mr. Daily moved to authorize staff to submit an application proposing to expend all available
population funds and the special merit funds approved in 1983, on the Forbes Mill to Roberts
Road Project with construction in 1985/86. Mrs. Benjamin seconded. Carried unanimously.
PROJECT 255-SS SIGNALS AT N. SANTA CRUZ AVE. & ANDREWS ST.
Mr. Daily moved to accept staff recommendation and approve the 4th progress payment to Steiny
and Company in the amount of $19,553.16, reserving funds in the amount of $900.00 for
liquidated damages (18 days at $50.00 per day). Mrs. Benjamin seconded. Carried
unanimously.
PREFERENTIAL PARKING REPORT
Mr. Daily moved Council accept staff updated report regarding the preferential parking program.
This report informed Council of the number of citations issued and various complaints received.
Mrs. Benjamin seconded. Carried unanimously.
FEE SCHEDULE FOR HAZARDOUS MATERIALS STORAGE
Mr. Daily moved to accept staff recommendation and authorize the Clerk to schedule a public
hearing for January 3, 1984, to consider a fee schedule regarding Storage of Hazardous
Materials. Mrs. Benjamin seconded. Carried unanimously.
MINUTES NOVEMBER 7, 1983
Mrs. Benjamin moved minutes of November 21, 1983, be approved as amended. Mr. Carlson
seconded. Carried unanimously.
MINUTES-NOVEMBER 28, 1983
Mrs. Benjamin moved minutes of November 28, 1983, be approved as corrected. Mr. Carlson
seconded. Carried unanimously.
COMMUNICATIONS (for action)
a. Letter from Mr. Dorbayan appealing the Building Officials requirement for installation of
handicap access to restroom facilities of the business located at 1470 Pollard Road. The Building
Official, Archie Watson, reported that in reviewing the letter of appeal it had been determined
that the requirement would definitely create an unreasonable hardship/ Therefore, the proposed
alteration would not require modifications to the restroom other than installation of grab bars.
Mr. Dorbayan has been notified of this decision. Mrs. Benjamin moved to accept staff
recommendation. Mr. Daily seconded. Carried unanimously.
b. Letter from Dr. Edward Azlant regarding zoning of property at 99-103 Los Gatos Boulevard.
The Planning Director, Lee Bowman, answered questions of Council regarding history on this
non-conforming use. Dr. Azlant spoke on the issue. It was noted that noted was given
previously that this property has been non-conforming since the early 1970's. After further
discussion, Mrs. Benjamin moved Council accept staff recommendation and note and file said
correspondence. Mr. Ventura seconded. Carried unanimously.
c. Letter from the Chamber of Commerce referring to the cancellation of the Christmas Parade
on December 3, 1983, and requesting Council permission to use the Civic Center parking lot on
December 10, 1983, to display the floats; have Santa Claus present to chat with youngsters;
having Christmas caroling and possibly the Los Gatos High School Pep Band to preform. Mr.
Daily moved to approve request with the condition this be coordinated with the Police
Department and any cost for services to be paid by the Chamber. Mrs. Benjamin seconded.
Carried unanimously.
NOVEMBER 1983 PAYROLL
Mr. Ventura moved for approval of the November, 1983, payroll. Mrs. Benjamin seconded.
Carried unanimously.
TRAFFIC DIVERTERS SAN BENITO/ANDREWS/SARATOGA AVENUE
Mayor Ferrito stated this was the time and place duly noted for public hearing to consider the
San Benito/Andrews/Saratoga area traffic improvements and traffic diverters. The Town
Manager gave a summary regarding progress on the project as did James Van Houten, Public
Works Director. Speaking on the issue were Sue Donnelly, Bea Marchetti, John Freeman, Mr.
Wichman, Lynn Williams, E. Marchetti, Kent Samin, Monte Sereno Councilperson Dorothy
Bamford, Gary Niva, Joseph P. James, Rose Zuccaro, Mr. Ruscigno, Mr. Lucivich, Rebecca
Fernandos, Sandy Simons, Suzanne Werner, Linda Evans, Ruth Cuteas, Gary Swanson, Marg
Otobie, Larry Pegram, L. Stafford, Andrew Dirken, John Bastia, Robert Witham, Dale
Chambers, Marysue Meyer, Dunckley Murray and Mike Desner. Speakers voiced their opinion,
some opposing and others favoring the diverters. Discussion was held on suggestions made by
the speakers. No one else wished to speak, Mr. Ventura moved hearing be closed. Mr. Daily
seconded. Carried unanimously. Mr. Ventura then moved that Council approve the following:
1. Remove present traffic diverters at San Benito Avenue and Andrews Street as soon as
construction work on Saratoga Avenue prevents left turns from Saratoga Avenue to San Benito
Avenue.
2. Install temporary barricades as follows:
a. On San Benito Avenue north of Saratoga Avenue.
b. On San Benito Avenue south of Olive Avenue.
c. Install stop signs on Andrews Street at every intersection west of Santa Cruz Avenue. This
plan be approved for a 90 Day trial contingent upon the following actions by the City of Monte
Sereno:
a. Implementation of a traffic diversion system at the intersection of Rose Avenue and Andrews
Street prohibiting right turns from Rose Avenue (north bound) to Andrews Street (east bound)
and prohibiting left turns from Andrews Street (west bound) to Rose Avenue (south bound).
b. Install stop signs on Andrews Street/Mays Avenue and Rose Avenue/Andrews Street.
c. Provide sufficient surveillance through the County Sheriff's Department to insure compliance
with stop sign and turning movement controls in Monte Sereno.
d. Move the power pole at the northeast corner of Rose Avenue and Saratoga Avenue and install
a right turn lane to facilitate right turns from Saratoga Avenue (west bound) to Rose Avenue
(north bound).
Mrs. Benjamin seconded. Carried unanimously.
RECESS
Mayor Ferrito declared a recess. Meeting reconvened at 10:35 p.m.
BLOSSOM HILL MANOR ANNEXATION NO. 3
Mayor Ferrito stated this was the time and place duly published for public hearing to consider
annexing 8 parcels of land in the Blossom Hill Manor area. The Clerk reported that no written
protests had been received. Mr. Gordon Swanson, 16331 Lilac Lane, stated he favors the
annexation as does the other 7 property owners. No one else wished to speak, Mr. Carlson
moved hearing be closed. Mrs. Benjamin seconded. Carried unanimously. Mr. Ventura moved
for adoption of Resolution No. 1983-237 entitled, A RESOLUTION MAKING A FINDING
REGARDING THE VALUE OF WRITTEN PROTESTS FILED AND NOT WITHDRAWN
AND ORDERING THE ANNEXATION OF CERTAIN INHABITED TERRITORY
DESIGNATED AS BLOSSOM HILL MANOR NO. 3 TO THE TOWN OF LOS GATOS. Mrs.
Benjamin seconded. Carried unanimously.
RENTAL MEDIATION REGULATIONS
Mr. Carlson moved for adoption of Resolution No. 1983-238 entitled, RESOLUTION
AMENDING THE LOS GATOS RENTAL MEDIATION REGULATION. Mrs. Benjamin
seconded. Carried by a vote of four ayes. Mr. Ventura abstained.
VERBAL COMMUNICATIONS
Marlene Rodman, representing Citizens to Protect Private Property Rights, 342 Bella Vista
Avenue, read a statement opposing price controls on private property in the Town of Los Gatos,
requesting Council to adopt an ordinance which would prohibit all price controls on all private
property in the Town of Los Gatos and place the ordinance on the June ballot for a decision of
the voters of Los Gatos.
HAZARDOUS MATERIALS STORAGE ORDINANCE
The Town Attorney referred to her report regarding the amendment of Chapter 35 of the Town
Code relating to the storage of Hazardous Materials. She stated most of the amendments are
required to bring our Ordinance into conformance with the Sher Bill (AB 1362) minimum
requirements for regulation of Hazardous Materials in underground storage tanks. Discussion
was held on this issue and Fire Chief Sporleder answered questions of Council regarding storage.
Mrs. Benjamin moved reading be waived for ORDINANCE AMENDING CHAPTER 35 OF
THE TOWN CODE RELATING TO THE STORAGE OF HAZARDOUS MATERIALS. Mr.
Ventura seconded. Carried unanimously. The Town Clerk read title. Mr. Ventura moved
Ordinance be introduced. Mrs. Benjamin seconded. Carried unanimously.
APPEAL-ROUND TABLE PIZZA 15732 LOS GATOS BOULEVARD
Mr. Jim Loney, owner of the Round Table Pizza, spoke to Council and requested reconsideration
of their decision on granting of the appeal. He stated they would be willing to reduce their seats
to 96, which would help the parking deficiency. Mr. Carlson stated Mr. Loney is lacking
evidence to allow for reconsideration. After further discussion, Mr. Daily moved for adoption of
Resolution No. 1983-239 entitled, RESOLUTION GRANTING APPEAL FROM PLANNING
COMMISSION DECISION (15732 Los Gatos Boulevard-Round Table Pizza, Inc.). Mayor
Ferrito seconded. Carried by a vote of three ayes. Mrs. Benjamin voting no. Mr. Ventura
abstained.
APPEAL-JOHN SCOTT 234 LOS GATOS BOULEVARD
Mr. Ventura moved for adoption of Resolution No. 1983-240 entitled, RESOLUTION
REFERRING TO PLANNING COMMISSION THE APPEAL FROM PLANNING
COMMISSION DECISION DENYING ARCHITECTURE AND SITE APPLICATION (234
LOS GATOS BOULEVARD-John Scott). Mrs. Benjamin seconded. Carried unanimously.
URGENCY ORDINANCE ON RENTAL MEDIATION & ARBITRATION ORDINANCE
Mrs. Benjamin moved for the adoption of Ordinance No. 1600 entitled, URGENCY
ORDINANCE AMENDING CHAPTER 24 IF THE TOWN CODE RELATING TO THE
RENTAL DISPUTE MEDIATION AND ARBITRATION ORDINANCE REQUIREMENTS
FOR A SUBSEQUENT NOTICE OF RENT INCREASE WITHIN A ONE-YEAR PERIOD.
Mr. Daily seconded. Carried by a vote of four ayes. Mr. Ventura abstained.
HEARST CABLEVISION CERTIFICATE OF IMPROVEMENTS
Mr. Monaco of Hammett & Edison, Inc., answered questions of Council on their report on the
assessment of the Hearst Certification of Improvements to the Los Gatos Cable Television
System and reports findings that Hearst is substantially in compliance with the sic-month
Certification of Compliance. Mr. Musselman of Hearst Cablevision then answered questions of
Council and stated they are still upgrading the system and relating information to the customers.
Discussion was held on outages and lack of information to customers and taking of complaints.
After further discussion, Mr. Ventura moved to accept the Hammett & Edison, Inc., report
finding that Hearst is substantially in compliance with the sic month Certification of
Improvements and staff be directed to notify Hearst of the concerns as specified in the report.
Mr. Ferrito seconded. Carried unanimously.
GOVERNOR'S TASK FORCE ON LOCAL GOVERNMENT FINANCE
Mr. Ventura moved Council endorse the concept of stabilizing local government revenue sources
as expressed in the Task Force Report and letters be sent to appropriate legislative offices of
Council's endorsement. Mrs. Benjamin seconded. Carried unanimously.
REPAIR OF PLANTER BOXES N. SANTA CRUZ AVENUE
Mrs. Benjamin moved to accept staff recommendation to repair twelve planter boxes and replace
three planter boxes in the downtown area, (Option A) of staff report. Mr. Ventura seconded.
Carried unanimously.
STANDARD FOR SELF-SERVICE GAS STATION
Mr. Carlson moved for adoption of Resolution No. 1983-241 entitled, RESOLUTION
ADOPTING STANDARDS FOR SELF-SERVICE GAS STATIONS. Mrs. Benjamin seconded.
Carried unanimously.
RATE INCREASES FOR GENERAL TELEPHONE CO.
Continued to December 12, 1983.
ADJOURNMENT
At 12:05, a.m., Mrs. Benjamin moved meeting be adjourned to 7:30 p.m., Monday, December
12, 1983. Mr. Daily seconded. Carried unanimously.