M 09-07-93TOWN OF LOS GATOS
CALIFORNIA
TOWN COUNCIL/PARKING AUTHORITY
September 7, 1993
Minutes
TOWN COUNCIL
The Town Council/Parking Authority of the Town of Los Gatos met in the Council Chambers
of the Town Hall, 110 East Main Street, at 7:35 p.m., Tuesday, September 7, 1993 in
regular session.
ROLL CALL
Present:Randy Attaway, Linda Lubeck, Patrick O'Laughlin
and Mayor Joanne Benjamin.
Absent:Steven Blanton.
PLEDGE OF ALLEGIANCE
Given by all in attendance.
CLOSED SESSION
Jim Jackson, Interim Town Attorney, reported that Council had met in Closed Session prior
to this evening's meeting pursuant to Government Code Section 54957.6 to discuss Labor
Relations. Council discussed AFSCME negotiations. Issues have not been presented to
AFSCME at this time and negotiations may not take place in the press or publicly. Council
instructed staff in certain positions to take in presentations to AFSCME and requested
additional information on certain items.
PERSONNEL BOARD/APPOINTMENT
Mayor Benjamin announced that two applications had been received from Sheldon Blickman
and Pat Moore for one vacancy on the Personnel Board. Voting was held and Mr. Blickman
was appointed to term to expire September 1, 1998.
REDEVELOPMENT ADVISORY COMMITTEE/APPOINTMENT
Mayor Benjamin announced that one application had been received from Ellen Graff for one
vacancy on the Redevelopment Advisory Committee. Voting was held and Mrs. Graff was
reappointed to term expiring August 1, 1997.
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NEIGHBORHOOD REPAIR/RESOLUTION 1993-129 (01.42)
9317A-PROJECT/SEISMIC UPGRADE/GARDEN CITY CONSTRUCTION
9317B-PROJECT/REROOFING/BRYANT ORGANIZATION, INC.
Motion by Mr. Attaway, seconded by Mr. O'Laughlin, that Council adopt Resolution 1993-
129 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH GARDEN CITY CONSTRUCTION, INC. FOR
THE CONSTRUCTION OF PROJECT 9317A - NEIGHBORHOOD CENTER SEISMIC
UPGRADE AND BRYANT ORGANIZATION, INC. FOR THE CONSTRUCTION OF
PROJECT 9317B -NEIGHBORHOOD CENTER REROOF. Carried by a vote of 4 ayes. Mr.
Blanton absent.
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DIGITAL LOGGING RECORDING SYSTEM/DICTAPHONE COMPANY
ALAMEDA'S PURCHASE ORDER/RESOLUTION 1993-130 (02.28)
Motion by Mr. Attaway, seconded by Mr. O'Laughlin, that Council adopt Resolution 1993-
129 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN
MANAGER TO EXECUTE AN AGREEMENT WITH DICTAPHONE FOR THE PURCHASE
OF A MULTI-CHANNEL, DIGITAL LOGGING RECORDING SYSTEM THROUGH THE
COUNTY OF ALAMEDA'S PURCHASE ORDER #146-0-9966-00. Carried by a vote of 4
ayes. Mr. Blanton absent.
SCHEDULE OF PUBLIC HEARINGS (03.01)
Informational report regarding currently scheduled public hearings was received and filed.
COUNTY REFERRALS (04.47)
Motion by Mr. Attaway, seconded by Mrs. Lubeck, that Council approve the
recommended action concerning County Referrals:
Referral #Location Applicant Request
Recommendation
5639 16595 Englewood Ave.Schloh Building Site
Approval
4724 14180 Shannon Road Crites Grading Abatement
Approval
Carried by a vote of 4 ayes. Mr. Blanton absent.
PLANNING COMMISSION/PLANNING DEPARTMENT MONTHLY STATUS REPORT (05.47)
Accepted the monthly status report from the Planning Commission and Planning
Department.
COUNCIL CALENDAR OF MEETINGS (06.10)
Informational item presenting future Town Meetings for Council and other Town Boards and
Commissions was received and filed with the comment that the General Plan Committee
was noted on the incorrect dates and these dates would be corrected to Thursdays.
PAYROLL/RATIFICATION/JUNE 1993 (07.V)
Motion by Mr. Attaway, seconded by Mrs. Lubeck, that Council ratify the accompanying
check registers for payroll of July 4, 1993 through July 17, 1993 in the amount of
$248,387.23 paid on July 23, 1993. Carried by a vote of 4 ayes. Mr. Blanton absent.
ACCOUNTS PAYABLE/RATIFICATION/JUNE 1993 (08.V)
Motion by Mr. Attaway, seconded by Mrs. Lubeck, that Council ratify accompanying
check registers for accounts payable invoices in the amount of $672,001.52 paid on July 15,
16, and 23, 1993. Carried by a vote of 4 ayes. Mr. Blanton absent.
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COMMENDATION/SENATOR/REBECCA Q. MORGAN (09.43)
Motion by Mr. Attaway, seconded by Mrs. Lubeck, that Council approve commendation
for Senator Rebecca Q. Morgan. Carried by a vote of 4 ayes. Mr. Blanton absent.
AMICUS BRIEF/CITY OF ALHAMBRA V. IKEMOTO/LOS ANGELES SUPERIOR COURT
STATE DIVERSION OF PROPERTY TAX (10.01)
Motion by Mr. Attaway, seconded by Mrs. Lubeck, that Council authorize the Town to join
in the Amicus Brief being filed in City of Alhambra v. Ikemoto challenging the State's ability to
divert property taxes due cities and redevelopment agencies to fund the State's obligation to
the school districts. Carried by a vote of 4 ayes. Mr. Blanton absent.
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CLAIM REJECTION/EDNA J. MASON (11.01)
Motion by Mr. Attaway, seconded by Mrs. Lubeck, that Council reject the claim of Edna
J. Mason filed August 4, 1993 with the Town Clerk. Carried by a vote of 4 ayes. Mr.
Blanton absent.
TRAILS AND BIKEWAYS COMMITTEE/APPLICATIONS FOR VACANCIES (12.20)
Motion by Mr. Attaway, seconded by Mrs. Lubeck, that Council instruct Clerk to advertise
for applications to fill Trails and Bikeways Committee vacancies. Carried by a vote of 4
ayes. Mr. Blanton absent.
DEFERRED COMPENSATION FUND (13.10)
Motion by Mr. Attaway, seconded by Mrs. Lubeck, that Council accept report on Town
deferred compensation fund. Carried by a vote of 4 ayes. Mr. Blanton absent.
OPERATION RESCUE/CITIES OF REFUGE/POLICE DEPARTMENT COSTS (14.09)
Motion by Mr. Attaway, seconded by Mrs. Lubeck, that Council accept information report
on Operation Rescue "Cities of Refuge" demonstration and Police Department costs.
Carried by a vote of 4 ayes. Mr. Blanton absent.
ANIMAL CONTROL SERVICES/MAINTENANCE (15.28)
Informational report informing Council of Animal Control Services status was received and
filed.
9212 PROJECT/WINCHESTER BLVD/RETAINING WALL/CHANGE ORDER (16.35)
Motion by Mr. Attaway, seconded by Mrs. Lubeck, that Council approve contract order in
the amount of $10,703.50 to Progressive Pacific Construction Company for Project 9212 -
Winchester Boulevard Retaining Wall. Carried by a vote of 4 ayes. Mr. Blanton absent.
PERSONAL COMPUTERS/HP VECTRA 386/33NI CPU'S (17.28)
Motion by Mr. Attaway, seconded by Mrs. Lubeck, that Council appropriate $5,220.84
from Permit Tracking/GIS Project Contingency fund (3420-77000 - Project 100 GTRCK -
77650) for the purchase of three (3) - HP VECTRA 386/33NI CPU'S with monitors and
approve assignment of 3 new PC's to Director of Building and Engineering Services, Building
Inspection Department Inspectors corporate use and the Engineering Inspectors corporate
use. Carried by a vote of 4 ayes. Mr. Blanton absent.
FRANK AVE 16790/COMPLETION NOTICE (18A.09)
Motion by Mr. Attaway, seconded by Mrs. Lubeck, that Council authorize the Manager to
execute and the Town Clerk to record a Certificate of Acceptance and Notice of Completion
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for 16790 Frank Ave. Carried by a vote of 4 ayes. Mr. Blanton absent.
MASSOL AVE 305 & 315/BACHMAN 338/COMPLETION NOTICE (18B.09)
Motion by Mr. Attaway, seconded by Mrs. Lubeck, that Council authorize the Manager to
execute and the Town Clerk to record a Certificate of Acceptance and Notice of Completion
for 305 and 315 Massol Avenue and 338 Bachman Avenue. Carried by a vote of 4 ayes.
Mr. Blanton absent.
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SANTA CRUZ AVE N 575/COMPLETION NOTICE (18C.09)
Motion by Mr. Attaway, seconded by Mrs. Lubeck, that Council authorize the Manager to
execute and the Town Clerk to record a Certificate of Acceptance and Notice of Completion
for 575 North Santa Cruz Avenue. Carried by a vote of 4 ayes. Mr. Blanton absent.
UNIVERSITY AVE 634/COMPLETION NOTICE (18D.09)
Motion by Mr. Attaway, seconded by Mrs. Lubeck, that Council authorize the Manager to
execute and the Town Clerk to record a Certificate of Acceptance and Notice of Completion
for 634 University Avenue. Carried by a vote of 4 ayes. Mr. Blanton absent.
HEWLETT PACKARD/COMPUTER SYSTEM SUPPORT/RESOLUTION 1993-131 (19.28)
Motion by Mr. Attaway, seconded by Mrs. Lubeck, that Council adopt Resolution 1993-
131 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN
MANAGER TO PURCHASE PERSONALIZED SYSTEM SUPPORT FROM HEWLETT
PACKARD FOR SUPPORT OF TOWN COMPUTER SYSTEM. Carried by a vote of 4 ayes.
Mr. Blanton absent.
TRAFFIC SAFETY PROGRAM GRANT/RESOLUTION 1993-132 (20.09)
Motion by Mr. Attaway, seconded by Mrs. Lubeck, that Council adopt Resolution 1993-
132 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN
MANAGER TO SUBMIT A PROPOSAL TO THE OFFICE OF TRAFFIC SAFETY FOR A
TRAFFIC SAFETY PROGRAM GRANT. Carried by a vote of 4 ayes. Mr. Blanton absent.
ALBRIGHT WAY 101/LOS GATOS BUSINESS PARK/FITNESS CENTER/ORDINANCE 1955
(21.09)
Motion by Mr. Attaway, seconded by Mrs. Lubeck, that Council adopt Ordinance 1955
entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING ORDINANCE NO.
1247 RELATING TO PERMITTED USES EFFECTING ZONE CHANGE NO. 135 FROM CM
AND R-M: 5-12 TO CM-PD, which was introduced at the Town Council meeting of August
2, 1993. Carried by a vote of 4 ayes. Mr. Blanton absent.
PARK COMMISSION/STUDENT COMMISSIONERS TERMS/ORDINANCE 1956 (22.20)
Motion by Mr. Attaway, seconded by Mrs. Lubeck, that Council adopt Ordinance 1956
entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING SECTION
19.20.010(C) OF ARTICLE II OF CHAPTER 19 OF THE TOWN CODE TO CHANGE THE
TERM OF OFFICE FOR STUDENT PARK COMMISSIONERS, which was introduced at the
Town Council meeting of August 2, 1993. Carried by a vote of 4 ayes. Mr. Blanton absent.
HEARINGS
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SANTA CRUZ AVE N 130G/BREWING COMPANY/HOURS OF OPERATION/HEARING
(23.09)
Mayor Benjamin announced that this was the time and place duly noted to consider appeal
of Planning commission decision to deny a request for permission to extend evening hours
of operation for an existing restaurant and bar on property in the C-02 zone, Conditional Use
Permit Application U-77-224E. Property Located at 130-G N. Santa Cruz Ave. Property
owner, Vargo Properties. Applicant, Los Gatos Brewing Company.
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HEARINGS CONTINUED
SANTA CRUZ AVE CONT.
There was no one from the audience to speak to this issue.
Motion by Mrs. Lubeck, seconded by Mr. Attaway, that Council continue this item to
November 15, 1993. Carried by a vote of 4 ayes. Mr. Blanton absent.
USED VEHICLE SALES/CH ZONE AMENDMENT/CONDITIONAL USE PERMIT (24.46)
Mayor Benjamin announced that this was the time and place duly noted to consider
introduction of ordinance to amend the Town Code to permit the sale of used vehicles as a
permitted use in the CH zone upon approval of a conditional use permit, Zoning Ordinance
Amendment A-93-7. Applicant, Town of Los Gatos.
The following people from the audience addressed this issue:
Mary True, True Associates, 410 S. 14th St., San Jose, asked for conditional use permits
allowing sale of used cars.
Jim Mc Hugh, Lincoln Mercury of Los Gatos, is not in favor of used car lots.
John Moore, Moore Buick-Pontiac-GMC Trucks of los Gatos, was not in favor of proposal.
Robert Swanson, Pres., Swanson Ford, explained the difference of franchised used car
sales and independent used car sales.
Ted Stevens, Los Gatos Acura, not in favor of used car sales
Mike Knundson, Albert Court, asked that application be denied.
No one else from the audience addressed this issue.
Motion by Mr. Attaway, seconded by Mr. O'Laughlin, that Council close the public
hearing. Carried by a vote of 4 ayes. Mr. Blanton absent.
Motion by Mr. Attaway, seconded by Mr. O'Laughlin, that Council deny the Zoning
Application A-93-7, to amend the Town Code permitting sale of used vehicles as a permitted
use in the CH zone upon approval of a conditional use permit. Carried by a vote of 4 ayes.
Mr. Blanton absent.
ROBERTS ROAD 17020/FISHER JR HIGH/GTE MOBILNET/APPEAL (25.09)
Mayor Benjamin stated that this was the time and place duly noted for public hearing to
consider appeal of a Planning Commission decision to deny a request for permission to
install a cellular transceiver facility to include a 35-foot high free standing monopole tower
and an approximately 200 square foot structure to house electronic equipment on a site
adjacent to highway 17 in the R-1:8000 Zone. Conditional Use Permit Application U-92-2.
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Environmental Impact Report EIR-92-1. Property located at 17020 Roberts Road. Property
Owner: Los Gatos Union School District (Fisher Junior High School). Applicant: GTE
Mobilnet of California.
Mr. O'Laughlin stated that he would not be participating in this hearing due to the possible
appearance of a conflict of interest.
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HEARINGS CONTINUED
ROBERTS ROAD/MOBILNET CONT.
The following people addressed Council concerning this issue:
Peggy O'Laughlin, Matteoni, Saxe & Nanda, representing GTE Mobilenet, requested a
continuance so as to have four Councilmembers present.
Mark Wagner, 100 Albert Crt., is not in favor of a continuance.
Motion by Mr. Attaway, seconded by Mrs. Lubeck, to continue this item to October 4,
1993. Carried by a vote of two ayes. Mr. Blanton absent. Mr. O'Laughlin abstained due to a
possible appearance of a conflict of interest. Mrs. Benjamin voted no stating that the matter
had been continued for too long and the reason for continuing to have four voting
Councilmembers present was not guaranteed for the next meeting. Carried by a vote of 4
ayes. Mr. Blanton absent.
Carl Cooper, 15288 Via Pinto, Monte Sereno, is against the continuance and protests the
installation of the mobilnet facility.
Bernard Wagner, 18400 Overlook Rd., opposes the proposal for safety reasons.
Joan Henricks, President of the Home and School Club for Fisher Jr. High, spoke in
opposition to the project, made mention of a signed petition by parents, and that she would
continue to get signatures from parents before the next hearing of this issue.
Mark Wagner, 100 Albert Crt., opposes the project and requested Council's denial of
proposal.
Mike Knudson, Albert Crt., would like the project denied.
Charles Bennett, representing Environmental Science Associates, would like to address
the Council on this issue but will wait until the next meeting.
No one else from the audience addressed Council on this issue.
MINUTES OF AUGUST 9, 1993 (26.V)
Motion by Mrs. Lubeck, seconded by Mr. Attaway, that Council approve the Minutes of
August 9, 1993 as submitted. Carried by a vote of 3 ayes. Mr. Blanton absent. Mr.
O'Laughlin abstained.
ENCROACHMENT REGULATIONS/PUBLIC RIGHT-OF-WAY/LIABILITY EXPOSURE (27.46)
Motion by Mr. Attaway, seconded by Mrs. Lubeck, that Council waive the reading of the
Draft Ordinance. Carried by a vote of 4 ayes. Mr. Blanton absent. The Town Clerk read
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the Title of the Draft Ordinance.
Motion by Mr. Attaway, seconded by Mrs. Lubeck, that Council introduce the Draft
ordinance entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING ARTICLE
III OF CHAPTER 23 REGULATING ENCROACHMENTS IN PUBLIC RIGHT-OF-WAYS
AND PUBLIC WAYS. Carried by a vote of 4 ayes. Mr. Blanton absent.
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LEAGUE OF CALIFORNIA CITIES/VOTING DELEGATE/ANNUAL CONFERENCE (28.20)
Council consensus that Mayor Benjamin be the designated voting delegate and Mrs.
Lubeck the alternate for this year's Annual League Conference to be held October 16
through October 19, 1993 in San Francisco.
MEETING SCHEDULE/TOWN COUNCIL/1993-94 (29.10)
Motion by Mrs. Lubeck, seconded by Mr. Attaway, that Council adopt the revised Meeting
Schedule for 1993-94 Fiscal year. Carried by a vote of 4 ayes. Mr. Blanton absent.
COUNCIL COMMITTEE REPORTS (30.20)
Mayor Benjamin reported on the Congestion Management Agency and the prioritizing of
budget items, specifically the Vasona Corridor project and the approximate two year wait
before it is begun.
Mr. Attaway reported on Community Housing Development and the CDBG funding with
hopes of Los Gatos receiving $200,000 as compared to the $150,000 allocated at this time.
Mrs. Benjamin reported that KCAT had worked out an agreement with South Bay Cable so
that CSPAN would appear on Channel 6.
Mrs. Benjamin reported on animal control as discussed at the West Valley Mayors and
Managers meeting.
ADJOURNMENT
Motion by Mr. Attaway, seconded by Mrs. Lubeck, to adjourn this evening's meeting at
9:02 p.m. Carried by a vote of 4 ayes. Mr. Blanton was absent.
ATTEST:
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Marian V. Cosgrove
Town Clerk
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