M 05-16-83TOWN OF LOS GATOS
COUNCIL MEETING
MAY 16, 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, Terrence Daily, Thomas J. Ferrito, Marlyn J.
Rasmussen and Mayor Brent N. Ventura. ABSENT: None
PLEDGE OF ALLEGIANCE
Given by all in attendance.
CLOSED SESSION REPORT
Mayor Ventura stated no closed session was held prior to the Council meeting
ADDED AGENDA ITEMS
Mr. Ferrito moved to add agenda item 26 a-Rental Mediation amendment. Mrs.
Benjamin seconded. Carried unanimously.
REMOVAL OF AGENDA ITEM
Mrs. Benjamin moved item 22 c-D. Dudley claim, be removed from the agenda. Mr.
Daily seconded. Carried unanimously.
BID AWARD STREET LIGHT CONVERSION PROJECT 282
Town Engineer reported bid opening had been held on May 4, 1983 for project 282-
Street Light Conversion. Seven bids were received ranging from $74,699 to $259,230.
These bids included base bid plus Alternate A and Alternate B. After some discussion
Mr. Daily moved Council accept staff recommendation and award the contract to
Simmons Construction Company, Inc. in the amount of $59,986.20 for base bid, plus
alternate A, and authorize supplemental appropriation from General Fund Reserves of
$13,000.00 Mrs. Rasmussen seconded. Carried unanimously.
WRITTEN COMMUNICATIONS (referral/file
a. Application of GTE re Expansion of Service Area for its Los Gatos Paging System.
Mr. Daily moved this be noted and filed. Mrs. Rasmussen seconded. Carried
unanimously.
b. Los Gatos Heritage Preservation Society re Council appointed Landmarks Advisory
Committee. Mr. Daily moved this be referred to Attorney for preparation of a draft
ordinance.
COMMENDATION POLICE EXPLORER POST 504
Mr. Daily moved for adoption of Resolution No. 1983-89 entitled, A RESOLUTION OF
THE TOWN COUNCIL OF THE TOWN OF LOS GATOS COMMENDING POLICE
EXPLORER POST 504 AND ADVISOR OFFICER EUGENE L. STROM FOR
EXEMPLARY SERVICE TO THE TOWN. Mrs. Rasmussen seconded. Carried
unanimously.
PROJECT 283-GF SARATOGA AVENUE IMPROVEMENTS
Mrs. Rasmussen moved for adoption of Resolution No. 1983-90 entitled, RESOLUTION
OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS APPROVING PLANS AND
SPECIFICATIONS FOR PROJECT 283 GF--SARATOGA AVENUE IMPROVEMENTS,
and authorize the Town Clerk to call for bids to be received by 3:p.m., on June 9, 1983.
Mayor Ventura seconded. Carried by vote of four ayes. Mrs. Benjamin voting no.
PROJECT 265 GF SIGNAL MODIFICATION SANTA CRUZ/MAIN/UNIVERSITY
AVE.
Mr. Daily moved for adoption of Resolution No. 1983-91 entitled, RESOLUTION OF
THE TOWN COUNCIL OF THE TOWN OF LOS GATOS APPROVING PLANS AND
SPECIFICATIONS FOR PROJECT 265 GF -- TRAFFIC SIGNAL MODIFICATIONS AT
WEST MAIN STREET/SANTA CRUZ AVENUE AND WEST MAIN
STREET/UNIVERSITY AVENUE, and authorize Clerk to advertise for bids to be
received by June 8, 1983 at 3:30 p.m. Mrs. Rasmussen seconded. Carried
unanimously.
WOODED VIEW DRIVE-SOILS REPORT
Mr. Daily moved to direct staff to review the soils report and report back to Council on
June 6, 1983. Mrs. Rasmussen seconded. Carried unanimously.
DISPOSITION OF TOWN OWNED LOT (ALBERT DR. & CALFHILL CT.)
Mrs. Rasmussen moved to accept staff recommendation and the Town owned parcel at
corner of Albert Drive and Calfhill Court be retained by the Town. Mrs. Benjamin
seconded. Carried unanimously.
NOTICE OF COMPLETIONS
Mr. Daily moved for Council approval of Certificate of Acceptance and Notice of
Completion on the following:
a. Ross Creek Storm Drain-Project 281 (Sanco Pipelines).
b. Tract 7123, Birchwood Partners.
c. Meadow Gold Demolition-Project 286-GF (Ferma Corp.).
Mrs. Rasmussen seconded. Carried unanimously.
BONNIE LANE ASSESSMENT DISTRICT
Mr. Daily moved for adoption of Resolution No. 1983-92 entitled, A RESOLUTION
ORDERING REDUCTION OF CERTAIN ASSESSMENTS AND REVISION IN COST
ESTIMATES, (Bonnie Lane Assessment District). Mrs. Rasmussen seconded. Carried
unanimously. Mr. Daily moved for adoption of Resolution No. 1983-93 entitled, A
RESOLUTION DETERMINING UNPAID ASSESSMENTS AND PROVIDING FOR
ISSUANCE OF BONDS. (Bonnie Lane Assessment District). Mrs. Rasmussen
seconded. Carried unanimously. Mr. Daily moved for adoption of Resolution No. 1983-
94 entitled A RESOLUTION AWARDING SALE OF BONDS. (Awarded to M. L. Stern &
Co., Inc. as recommended by Town Treasurer). Mrs. Rasmussen seconded. Carried
unanimously.
NATIONAL PUBLIC WORKS WEEK
Mr. Daily moved for adoption of Resolution no. 1983-95 entitled, A RESOLUTION OF
THE TOWN OF LOS GATOS PROCLAIMING NATIONAL PUBLIC WORKS WEEK
MAY 22 THROUGH 28, 1983. Mrs. Rasmussen seconded. Carried unanimously.
HANDICAPPED ACCESS MODIFICATION--LOS GATOS HIGH SCHOOL
Mr. Daily moved for adoption of Resolution No. 1983-96 entitled, A RESOLUTION
APPROVING AGREEMENT WITH THE LOS GATOS JOINT UNION HIGH SCHOOL
DISTRICT. Mrs. Rasmussen seconded. Carried unanimously.
SCHEDULE OF PUBLIC HEARINGS
Council information on future public hearings scheduled.
USE OF PISTOL RANGE=DE ANZA COLLEGE
Mr. Daily moved to accept staff recommendation and adopt Resolution No. 1983-97
entitled, RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT FOR THE USE
OF DE ANZA COLLEGE FIREARMS RANGE. Town Manager be authorized to
execute agreement on behalf of the Town of Los Gatos. Mrs. Rasmussen seconded.
Carried unanimously.
ANNUAL STREET REPORT
Mr. Daily moved for adoption of Resolution 1983-98 entitled A RESOLUTION
APPROVING CONTRACT BETWEEN THE TOWN OF LOS GATOS AND THE OFFICE
OF THE STATE CONTROLLER FOR SERVICES TO PREPARE THE ANNUAL
STREET AND ROAD REPORT. Town Manager authorized to sign said agreement on
behalf of the Town of Los Gatos. Mrs. Rasmussen seconded. Carried unanimously.
MINUTES
Me. Ferrito moved minutes of May 2nd, 1983 be approved as submitted. Mrs. Benjamin
seconded. Carried unanimously.
WRITTEN COMMUNICATIONS (action)
a. Letter from Los Gatos High School requesting the closure of East Main Street
between Fiesta Way and Jackson Street on June 17, 1983 during graduation
ceremonies. Mr. Ferrito moved request be granted. Mrs. Rasmussen seconded.
Carried unanimously.
b. Letter from Community Housing Developers requesting waiver of fees on application
for conditional Use Permit for conversion of family home to senior citizen boarding home
at 221 Los Gatos Blvd. Mrs. Rasmussen moved request be granted. Mr. Daily
seconded. Carried unanimously.
c. Chamber of Commerce request for use of Oak Meadow Park for the Fiesta wine
tasting on Saturday August 27, 1983. Mrs. Rasmussen moved request be granted
subject to the following conditions:
1...No sale of entry tickets at Oak Meadow Park or in the vicinity of the park.
2...Saturday (August 27) ticket sales be limited to Chamber booth at Fiesta.
3...No more than 130 cases of wine.
4...No wine pouring after 7:45 p.m.
5...Chamber to reimburse Town for security provided by Los Gatos Police Department.
6...Level of security to be determined by Chief of Police; and
7...Chamber to reimburse Town for any Town costs of supporting the event. Mrs.
Benjamin seconded. Carried by vote of 3 ayes. Mr. Ferrito voted no for the following
reasons: 1) We should not be using public parks for this purpose; 2) should have a
continuation of the limit to local advertising only, and 3) concerned that there is not a
limitation on the number of drinks a person may buy. Leaving this to the discretion of a
bartender or an officer is not adequate. Mr. Daily abstained on advise of the Town
Attorney.
d. Los Gatos Boy Scout Troop 562 request for use of Town Plaza and Civic Center for
booths at Christmas Parade of December 3, 1983. Mrs. Rasmussen moved request be
granted and applicant be responsible for cleanliness of areas to be used. Mrs.
Benjamin seconded. Carried unanimously.
e. Letter from Keith Banner requesting refund of $500.00 filing fee for an Architecture
and Site Application. Planning Director Lee Bowman stated there were no costs
incurred by the Town and recommends the refund. Mrs. Benjamin moved request for
refund be granted. Mr. Daily seconded. Carried unanimously.
f. PG&E notice of rate increase application No 82-04-12. Mrs. Rasmussen moved
Council oppose the proposed electric rate increase application. Mr. Ferrito seconded.
Carried unanimously.
g. Request for revocable permit to construct a retaining wall in public right-of-way at
16150 Kennedy Road (McHugh). Mayor Ventura moved Council grant revocable permit
to James S. & Paula McHugh for exclusive use of a portion of the public right-of-way
along Kennedy Road (16150) Los Gatos, with added conditions-that landscaping be
required as per direction of Superintendent of Parks and Forestry. Mrs. Benjamin
seconded. Carried unanimously.
APRIL-FINANCIAL REPORT
Mrs. Rasmussen move to accept the April financial report from the office of Town Clerk.
Mr. Daily seconded. Carried unanimously.
APRIL WARRANT DEMANDS
Mayor Ventura moved for approval of warrant demands for April, 1983 in the amount of
$429,370.09. Mrs. Benjamin seconded. Carried unanimously.
TRANSIT HUB REPORT
Mayor Ventura stated this was the time and place duly published for public hearing re
permanent bus station site in the Town of Los Gatos. Planning Director Lee Bowman
reported to Council on the report from the Bus Station Committee. Speaking on the
issue was Russ Louthian, Robert Rice, Chairman of the Park Commission, Richard
Nicora, Mike Phillips, Eric Brandenburg, Dorothy Emerson, John Spitters, Tom Baer, G.
Mc George, Al Friesen, John Nerness, Claudia Denker, Bob Hamilton, Candy
Blackwood, Ed Russo, Aldon Johnson, and Harryette Shuell. The concerns discussed
were the routing of buses through the residential areas and down various narrow streets
and designation of where buses could layover. After further discussion and no one else
wishing to speak on the issue Mr. Ferrito moved hearing be closed. Mrs. Benjamin
seconded. Carried unanimously. After further discussion Mr. Ferrito moved to table this
report and direct staff to report on the temporary bus station operation in January (this
report should include the usage of the bus station and demographics of people using
the buses). Also, direct staff to work with County Transit to explore layovers being at
either the Town owned lot at Lark and Winchester or at the Berry School site and report
back in one month. Mr. Daily seconded. Carried by a vote of 4 ayes. Mrs. Rasmussen
abstained.
POSTERS YOUTH ADVISORY COMMITTEE
Mr. Hays reported on possible trademark infringement of the proposed posters. After
further discussion Mrs. Rasmussen moved to note and file report. Mr. Ferrito seconded.
Carried unanimously.
RECESS
Mayor Ventura declared a recess. Meeting reconvened at 10:10 p.m.
CLAIM FOR DAMAGES
Mrs. Rasmussen moved Council accept staff recommendation and claims for damages
filed on behalf of Deborah Moore and Donald G. Jerome be denied Mayor Ventura
seconded. Carried unanimously. The claim re C. Dudley was removed from the
agenda earlier in the meeting.
APPEAL SWANSON ISUZU
Mr. Ferrito moved for adoption of Resolution No. 1983-99 entitled, RESOLUTION
DENYING APPEAL FROM PLANNING COMMISSION. (15367 Los Gatos Boulevard-
Swanson Isuzu). Mayor Ventura seconded. Carried by a vote of three ayes. Mr. Daily
abstained and Mrs. Benjamin was absent at the time.
APPEAL-THE FLAMES COFFEE SHOP
Mayor Ventura moved for adoption of Resolution No. 1983-100 entitled, RESOLUTION
DENYING APPEAL FROM DECISION OF BUILDING OFFICIAL (15200 Los Gatos
Boulevard-The Flames Coffee Shop). Mrs. Rasmussen seconded. Carried by a vote of
four ayes. Mrs. Benjamin was absent at the time.
ORDINANCE REGULATING PUSHCARTS
Town Attorney reported that Pushcart Ordinance had been introduced at the last
Council meeting and since that time has prepared an Urgency Ordinance for adoption
so that it will become effective immediately based on the following facts:
The Strawberry Festival is imminent, and unless this ordinance is in effect prior to the
festival, there is a serious risk that the festival will attract a large number of pushcarts
which, not being subject to any regulation, will cause traffic and health problems for the
Town. Mr. Ferrito moved reading be waived on the Urgency Ordinance Regulating
Pushcarts. Mr. Daily seconded. Carried unanimously. Clerk read title. Mr. Daily
moved for adoption of Ordinance 1577 entitled URGENCY ORDINANCE ADDING
CHAPTER 19 A TO THE TOWN CODE REGULATING PUSHCARTS. Mayor Ventura
seconded. Carried by a vote of four ayes. Mrs. Rasmussen abstained.
SIDEWALK SALES REGULATIONS
Mr. Ferrito moved for adoption of Ordinance No. 1578 entitled, ORDINANCE
AMENDING SECTION 26-7 OF THE TOWN CODE AND ADDING SECTION 26-7.1 TO
ALLOW SIDEWALK SALES UNDER CERTAIN CONDITIONS. Mrs. Benjamin
seconded. Carried unanimously.
RENTAL MEDIATION AMENDMENT
Town Attorney reported on recommendation from the Rent Advisory Committee and
presented proposed ordinance including the three recommendations 1) to increase
ordinance overage to complexes of two (2) or more units; 2) to require landlords, on
request, to give the apartment numbers of all tenants receiving increase notices for the
same month as the tenant making the request; and 3) to delay new owner rent
increases until the 12 month rent increase anniversary date of the tenants. Harryette
Shuell of Information and referral Service also requested the addition of a new section
re any person sho has signed a binding contract to purchase rental units prior to July 6,
1983 may raise rents once within 30 days of taking title. After further discussion on this
issue Mr. Ferrito moved to waive the reading of proposed ordinance. Mr. Daily
seconded. Carried unanimously. Town Clerk read title. Mr. Ferrito moved for
introduction of ORDINANCE AMENDING CHAPTER 24 OF THE TOWN CODE AS
RECOMMENDED BY RENT ADVISORY COMMITTEE with amendments as stated
above. Mr. Daily seconded. Carried by three ayes. Mrs. Rasmussen voting no. Mayor
Ventura abstained.
CAPITAL IMPROVEMENT PROGRAM
Mrs. Rasmussen moved for adoption of the amended Capital Improvement program;
accept the Planning Commission report; accept report on Lark Avenue pedestrian traffic
and request a follow up report. Mrs. Benjamin seconded. Carried unanimously.
HERNANDEZ AVENUE STORM DRAIN PROJECT 280-SD
Mayor Ventura moved for adoption of Resolution No. 1983-101 entitled, RESOLUTION
OF THE COUNCIL OF THE TOWN OF LOS GATOS APPROVING PLANS AND
SPECIFICATIONS FOR PROJECT 280-SD -- HERNANDEZ AVENUE STORM DRAIN,
authorize the advertising for bids, subject to the following: Staff work with the Carters'
and Petersons' to locate the line in a manner acceptable to them; avoiding Carters;
flower bed area and minimize disruption to all tree roots. Mrs. Benjamin seconded.
Carried unanimously.
SEAL COATING EXTENSION OF CONTRACT WITH COUNTY
Mrs. Rasmussen moved for adoption of Resolution No. 1983-102 entitled,
RESOLUTION AUTHORIZING EXTENSION OF SEAL COATING CONTRACT WITH
COUNTY OF SANTA CLARA. Mrs. Benjamin seconded. Carried unanimously.
ASPHALT PATCHING UNIT
Mrs. Rasmussen moved for adoption of Resolution No. 1983-103 entitled,
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS TO
APPROVE SPECIFICATIONS FOR THE PURCHASE OF ONE ASPHALT PATCHING
UNIT and authorize the Clerk to advertise for bids. Mayor ventura seconded. Carried
unanimously.
CYPRESS WAY VEHICLE LOAD LIMIT
Mrs. Rasmussen moved reading be waived for Urgency Ordinance of the Town of Los
Gatos adding section 16-97 prohibiting the use of certain streets by any vehicle
exceeding a gross weight limit of five tons. Mr. Daily seconded. Carried unanimously.
Town Clerk read title. Mrs. Rasmussen moved for adoption of Ordinance No. 1579
entitles, URGENCY ORDINANCE OF THE TOWN OF LOS GATOS ADDING SECTION
16-97 PROHIBITING THE USE OF CERTAIN STREETS BY ANY VEHICLE
EXCEEDING A GROSS WEIGHT LIMIT OF FIVE TONS. Mr. Ferrito seconded.
Carried unanimously.
FUND TRANSFER FOR CRIMINALISTIC LABORATORY SERVICES
Mr. Daily moved Council approve a Fund Transfer to cover 1982-83 costs for
Laboratory of Criminalistics Services. Mrs. Rasmussen seconded. Carried
unanimously.
COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
Mr. Ferrito moved to accept staff report and approve a decrease of $10,000.00 from the
CDBG funding grants. Break down would be $7,500 from the 83/84 Community
Handicapped Access Projects and $2,500 from the Los Gatos Housing Conservation
Program. Mrs. Benjamin seconded. Carried unanimously.
MAILBOX INSTALLATION HIGH STREET
Mayor Ventura moved for authorization of encroachment permit for the cluster boxes
subject to the following conditions to be applied to as a policy for future applications. 1)
That 100% of the affected people indicate they are in favor of cluster boxes and 2) that
staff work with the neighborhood and people involved to design a proper screening for
the boxes. Mrs. Benjamin seconded. Motion fails as Mr. Daily, Mr. Ferrito and Mrs.
Rasmussen voted no. After Further discussion Mrs. Rasmussen moved that Mayor
Ventura and Mrs. Benjamin continue to work with staff and people involved, trying to
alleviate any problems re mailboxes on High Street. Also inform the people that Council
is not setting any policy and are not approving the mailbox grouping as presented by the
Post Office. The people on High Street can go ahead and make changes without an
Encroachment Permit and Council would not object. But when the mail boxes become
a problem, they will be regulated. Mr. Daily seconded. Carried unanimously.
GUADALUPE COLLEGE
Town Manager stated that no additional information has been received. Mayor Ventura
and Mrs. Benjamin will be attending meeting in Sacramento on Wednesday, May 18,
1983 if necessary.
BERRY SCHOOL SALE
Town Manager reported it was his understanding that the Jewish Community Center
and School are meeting to review a final agreement and within a week or ten days the
District will be calling a special meeting to take formal action on the JCC offer.
ADJOURNMENT
Mayor Ventura declared the meeting adjourned at 11:10 p.m.