M 03-15-93TOWN OF LOS GATOS
CALIFORNIA
TOWN COUNCIL/PARKING AUTHORITY
March 15, 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 7:42 p.m., Monday, March 15, 1993, in regular
session.
ROLL CALL
Present:Randy Attaway, Steven Blanton, Linda Lubeck,
Patrick O'Laughlin and Mayor Joanne Benjamin.
Absent:None.
PLEDGE OF ALLEGIANCE
Given by all in attendance.
CLOSED SESSION (00.10)
Jim Jackson, Interim Town Attorney, announced that Council will meet in Closed Session
immediately following this evening's meeting pursuant to Government Code Section
54956.9(a), regarding Pending Litigation to discuss Toll House Bankruptcy Claim; Los
Gatos Lodge Bankruptcy Claim; and EEOC Claim of Eugene Strom.
Pursuant to Government Code Section 54957 to discuss a Personnel issue. Council will
consider the selection of a new Town Attorney. The review of resumes and process of
selection for the appointment will be discussed.
A Special Meeting will be held March 18, 1993. Closed Session will be held at 8pm for the
purpose of considering and making decision related to Town Attorney recruitment.
Special Meeting will continue to 9pm for a walk through of the Neighborhood Center/Civic
Center relating to the Structural Evaluation Report. (Project 9302)
Mayor Benjamin also announced Council's noticed meeting at 6:30pm this evening to tour
the "Open Doors" project on Parr Ave, which is run by Mid Peninsula Housing.
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PARK COMMISSION/APPOINTMENTS/EASTER/BOMBERGER (000.20)
Mayor Benjamin announced that two applications had been received for two vacancies on
the Park Commission from Michael Bomberger and Kimberly Easter. Voting was held and
Mr. Bomberger was reappointed and Ms Easter was appointed to terms expiring April 1,
1997.
PRESENTATION/COMMENDATION/ELROY SMITH/COMMUNITY SERVICES (XX.20)
Mayor Benjamin presented a Town Commendation to Elroy Smith for his years of service on
the Community Services Commission. Mr. Smith received his recognition and thanked
Council.
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PRESENTATIONS/AMERICAN WITH DISABILITIES ACT/SUB-COMMITTEE (XXX.20)
Mayor Benjamin presented commendations from the Town to the members of the Americans
with Disabilities Act Sub-Committee. The following people received this recognition from the
Town: Dean Cormany, Sandy Decker, Karl Dinger, Tom Dodge, David Flick, Warren
Jacobsen, Jim Lewis, C. Edward Meserve, Jewel Peyton, Sharon Turzo, Terry Stimpson and
Mary Jane Whiteford.
SCHEDULE OF PUBLIC HEARINGS (01.01)
Informational report regarding currently scheduled public hearings was received and filed.
PAYROLL/RATIFICATION/FEBRUARY 1993 (02.V)
Motion by Mr. Blanton, seconded by Mr. O'Laughlin, that Council ratify the accompanying
check registers for payroll of February 14 through February 27, 1993 in the amount of
$220,898.50, paid on March 5, 1993. Carried unanimously.
ACCOUNTS PAYABLE/RATIFICATION/FEBRUARY 1993 (03.V)
Motion by Mr. Blanton, seconded by Mr. O'Laughlin, that Council ratify accompanying
check registers for accounts payable invoices in the amount of $166,863.99 paid on March
5, 1993. Carried unanimously.
MID-YEAR/BUDGET REPORT/NONPOINT SOURCE (04.06)
Motion by Mr. Blanton, seconded by Mr. O'Laughlin, that Council accept the mid-year
budget report con the cooperative effort between the West Valley Sanitation District and the
Town. Carried unanimously.
CLAIM/DON & NANCY JEROME (06A.01)
Motion by Mr. Blanton, seconded by Mr. O'Laughlin, that Council reject the claim of Don
and Nancy Jerome filed February 9, 1993 with the Town Clerk. Carried unanimously.
CLAIM/LEO KESSELMAN (06B.01)
Motion by Mr. Blanton, seconded by Mr. O'Laughlin, that Council reject the claim of Leo
Kesselman filed February 18, 1993 with the Town Clerk. Carried unanimously.
CLAIM/JAMES C. HENDERSON (06C.01)
Motion by Mr. Blanton, seconded by Mr. O'Laughlin, that Council reject the claim of
James C. Henderson filed January 29, 1993 with the Town Clerk. Carried unanimously.
CLAIM/JACQUELINE N. WILLIAMS (06D.01)
Motion by Mr. Blanton, seconded by Mr. O'Laughlin, that Council reject the claim of
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Jacqueline N. Williams filed January 29, 1993 with the Town Clerk. Carried unanimously.
INTERIM TOWN ATTORNEY/JAMES JACKSON/AGREEMENT/RESOLUTION 1993-32
(07.10)
Motion by Mr. Blanton, seconded by Mr. O'Laughlin, that Council adopt Resolution 1993-
32 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN
MANAGER TO EXECUTE AN AMENDED AGREEMENT WITH JAMES P. JACKSON FOR
INTERIM TOWN ATTORNEY SERVICES. Carried unanimously.
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ELEMENTARY EDUCATION FOUNDATION/TEN YEAR SERVICE/RESOLUTION 1993-33
(08.43)
Motion by Mr. Blanton, seconded by Mr. O'Laughlin, that Council adopt Resolution 1993-
33 entitled, RESOLUTION OF THE TOWN OF LOS GATOS COMMENDING THE LOS
GATOS ELEMENTARY EDUCATION FOUNDATION ON TEN YEARS OF SERVICE.
Carried unanimously.
STORM DRAIN PROJECTS/9309,WHEELER & YOSEMITE/9312, BAYVIEW & MAIN
9315, COLLEGE & GIBERSON/9316, BELCREST/RESOLUTION 1993-34 (09.37)
Motion by Mr. Blanton, seconded by Mr. O'Laughlin, that Council adopt Resolution 1993-
34 entitled, RESOLUTION OF THE TOWN OF LOS GATOS APPROVING
SPECIFICATIONS FOR THE FOLLOWING STORM DRAINAGE PROJECTS: 9309
(WHEELER AVENUE - YOSEMITE WAY); 9312 (BAYVIEW AVENUE AT MAIN); 9315
(COLLEGE AVENUE AT LOWER GIBERSON ROAD); AND 9316 (BELCREST DRIVE).
Carried unanimously.
NEW YORK AVE 4/A PLACE FOR TEENS/WATER SERVICE/RESOLUTION 1993-35 (10.44)
FIRE HYDRANT EASEMENT/RESOLUTION 1993-36
Motion by Mr. Blanton, seconded by Mr. O'Laughlin, that Council adopt Resolution 1993-
35 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN
MANAGER TO EXECUTE AN AGREEMENT WITH SAN JOSE WATER COMPANY FOR
WATER SERVICE AND A HYDRANT AT 4 NEW YORK AVENUE. Carried unanimously.
Motion by Mr. Blanton, seconded by Mr. O'Laughlin, that Council adopt Resolution 1993-
36 entitled, RESOLUTION OF THE TOWN OF LOS GATOS GRANTING FIRE HYDRANT
EASEMENT FOR SAN JOSE WATER COMPANY AT 4 NEW YORK AVENUE. Carried
unanimously.
LOS GATOS BUSINESS IMPROVEMENT DISTRICT/LEASE/RESOLUTION 1993-37 (11.43)
Motion by Mr. Blanton, seconded by Mr. O'Laughlin, that Council adopt Resolution 1993-
37 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN
MANAGER TO EXECUTE A LEASE AGREEMENT BY AND BETWEEN THE TOWN AND
THE LOS GATOS BUSINESS IMPROVEMENT DISTRICT FOR FY 1992-93. Carried
unanimously.
MAIN ST E 220/SIAM THAI CUISINE/ABC LICENSE/RESOLUTION 1993-38 (12.09)
Motion by Mr. Blanton, seconded by Mr. O'Laughlin, that Council adopt Resolution 1993-
38 entitled, RESOLUTION OF THE TOWN OF LOS GATOS APPROVING AN APPEAL OF
A DECISION OF THE PLANNING COMMISSION - COUNCIL ACTION EXTENDS THE
HOURS OF SERVING BEER AND WINE INSIDE THE RESTAURANT AND DENIES THE
REQUEST TO SERVE BEER AND WINE IN THE OUTDOOR SEATING AREA ON
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PROPERTY IN THE C-1 ZONE, CONDITIONAL USE PERMIT APPLICATION U-83-27C,
which incorporates the findings and decision of the Council at its meeting of March 1, 1993.
Carried by a vote of 4 ayes. Mrs. Lubeck voted no for reasons given in previous record.
LOS GATOS BUSINESS IMPROVEMENT DISTRICT/BID/ORDINANCE 1933 (13.43)
Motion by Mr. Blanton, seconded by Mr. O'Laughlin, that Council adopt Ordinance 1933
entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING ORDINANCE 1876
ESTABLISHING THE DOWNTOWN LOS GATOS BUSINESS IMPROVEMENT DISTRICT,
which was introduced at the Town Council meeting of March 1, 1993. Carried unanimously.
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VERBAL COMMUNICATIONS
Ridgeline Construction
Jo Bartlett, 166 Oak Hill Way, questioned the massive building on Aztec Ridge which
reaches above the ridge line and is over 12,000 sq. ft. Staff explained the process used to
appeal to the County regarding this structure.
Disabled Commission
Speaker, addressed the need for establishing a Commission on the Disabled to address the
issues of disability awareness, issues on ADA, and possible arbitration issues on the ADA.
HEARINGS
STRATEGIC PLAN/FY1993-98/HEARING (14.10)
Mayor Benjamin stated that this was the time and place duly noted for public hearing to
consider approving the Strategic Plan for 1993 through 1998.
The following people from the audience spoke to this issue:
Judy Howell, 16793 Farley Road, spoke regarding concern for the Park Commission goals
and prioritizing of the Plan, and requested Council's cooperation with the Silicon Valley Joint
Venture Group.
Anne Lamborn, 7 Monroe Court, requested further consideration within the Plan
addressing Public Art.
No one else from the audience addressed this issue.
Motion by Mr. Blanton, seconded by Mr. Attaway, that Council close this public hearing.
Carried unanimously.
Motion by Mr. Blanton, seconded by Mr. Attaway, that Council adopt the Los Gatos
Strategic Plan with the following amendments: Encourage intergovernmental coverage of
services; Improve use of consultants, contractors and interns; Identify funding for future
parking facilities; Support the non-profit organizations in Los Gatos and their programs that
benefit our Town residents. Carried unanimously.
COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING/RESOLUTION 1993-39 (15.19)
Mayor Benjamin stated that this was the time and place duly noted for public hearing to
consider proposals for the Nineteenth Year Community Development Block Grant Funds for
fiscal year 1993-94.
The following people from the audience spoke to this issue:
Mary Alice Blice, 484 Woodland Ave., Community Services representative, explained the
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process used by Community Services for evaluating agency applications and the
Commission's funding recommendations. She also spoke in favor of funding Economic &
Social Opportunities, stating however that the Commission recommended no funding.
Christine Pfendt and Mark Weiner, 168 Carlton and 511½ N. Santa Cruz, Community
Services representatives explained why the Commission chose not to fund ESO. The
Town's Housing Rehabilitation Projects and Housing Rehab Loans already refurbish
dwellings within Los Gatos therefore the Economic & Social Opportunities program should
not be funded.
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HEARINGS CONTINUED
COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING/CONT.
Speakers continued:
Kia Currie, Emergency Housing Consortium representative, P.O. Box 2346, San Jose,
spoke of the wall heaters needed for housing project.
Lita Friedlander, Live Oak Adult Day Services, 19 High School Crt., asked for continued
support from the Town.
Mildred Howard, Economic and Social Opportunities, explained the need of the people for
the smaller repairs which are handled by this agency, such as faucet washers, handrails and
ramps. She explained the expense of liability insurance and worker's compensation for
volunteers, and requested continued support from Council.
Debra Kasperian, Second Harvest representative, updated Council on agency's
accomplishments and thanked Council for its support.
Donna Cooper, Ombudsman program representative, explained program and its services to
the frail elderly and mentally disabled.
Jim Lewis, 156 Vista Del Monte, spoke of the availability of funding from CDBG for
retrofitting the Town facilities for accessibility for persons with disabilities.
No one else from the audience addressed this issue.
Motion by Mr. Attaway, seconded by Mr. Blanton, that Council close this public hearing.
Carried unanimously.
Motion by Mr. Attaway, seconded by Mr. Blanton, that Council adopt Resolution 1993-39
entitled, RESOLUTION OF THE TOWN OF LOS GATOS ALLOCATING COMMUNITY
DEVELOPMENT BLOCK GRANT FUNDS TO THE TOWN OF LOS GATOS FOR FISCAL
YEAR 1993-94.
WEDGEWOOD MANOR/ZONING ORDINANCE AMENDMENT/A-92-10/HEARING (16.46)
Mayor Benjamin stated that this was the time and place duly noted for public hearing to
consider introducing ordinance amending Section 29.10.260 of the Town Code to permit the
reconstruction of nonconforming multiple-family dwelling units in zones where reconstruction
is currently not permitted, Zoning Ordinance Amendment A-92-10. [This matter will not have
a significant impact on the environment and is, therefore, exempt from the requirement of the
California Environmental Quality Act.] Applicant, Town of Los Gatos. (Continued from
3/1/93)
The following person from the audience spoke to this issue:
Jefferey Barnett, 1740 Technology Drive, #250, San Jose, representing Wedgewood
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Manor, spoke regarding the project for moderate income housing for seniors.
No one else from the audience addressed this issue.
Motion by Mrs. Lubeck, seconded by Mr. Blanton, that Council close this public hearing.
Carried unanimously.
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HEARINGS CONTINUED
WEDGEWOOD MANOR/ZONING ORDINANCE AMENDMENT/CONT.
Motion by Mrs. Lubeck, seconded by Mr. Blanton, that Council find that the amendment is
not subject to the California Environmental Quality Act since it's a change in administrative
procedure that could not possibly have a significant effect on the environment. Carried
unanimously.
Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council find that the amendment
is consistent with the General Plan. Carried unanimously.
The Town Clerk read the Title of the Draft Ordinance.
Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council waive the reading of the
Draft Ordinance. Carried unanimously.
Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council introduce Draft Ordinance
entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONING
ORDINANCE SECTION 29.10.260 CONCERNING THE RECONSTRUCTION OF
NONCONFORMING MULTIPLE-FAMILY DWELLING UNITS. Carried unanimously.
HISTORIC DESIGNATION/ZONING ORDINANCE AMENDMENT/A-92-11/HEARING (17.46)
Mayor Benjamin stated that this was the time and place duly noted for public hearing to
consider introducing ordinance amending Section 29.10.020 of the Town Code changing the
qualification date of an historic structure from prior to 1917 to prior to 1941, Zoning
Ordinance Amendment A-92-11. [This matter will not have a significant impact on the
environment and is, therefore, exempt from the requirement of the California Environmental
Quality Act.] Applicant, Town of Los Gatos. (Continued from 3/1/93)
No one from the audience addressed this issue.
Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council close this public hearing.
Carried unanimously.
Motion by Mr. Blanton, seconded by Mr. Attaway, that Council continue this item for
further staff consideration and Council discussion on April 5, 1993. Carried unanimously.
MINUTES OF MARCH 1, 1993 (18.V)
Motion by Mr. Blanton, seconded by Mr. Attaway, to approve the Minutes of March 1,
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1993 as amended on page 6 with spelling correction of the word "drought". Carried
unanimously.
TREASURER'S REPORT/JANUARY 1993 (19.V)
Informational report submitted by the Treasurer to the Council for the month of January
1993, received and filed.
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PLANNED DEVELOPMENT APPLICATION/Z-91-1
SUBDIVISION APPLICATION/M-87-3A/SHADY LANE (05.09)
Jim Jackson, Interim Town Attorney, explained to Council that this report needs to be
accepted and filed by Council before the time for filing an appeal begins to run. An appeal
has already been filed but other appeals may also be filed after tonight. A public hearing,
generated by the appeal already filed, will be held on April 19, 1993.
Consensus Motion by Council, to receive and file report from Planning Commission, of
minutes and actions taken on Planned Development Application Z-91-1 and Subdivision
Application M-87-3A. Carried unanimously.
9302 PROJECT/CIVIC CENTER/NEIGHBORHOOD CENTER/EVALUATION/REPAIR (20.35)
Mayor Benjamin stated that this was the time and place duly noted to consider acceptance of
structural evaluation report for Civic Center and Neighborhood Center for upgrade and
repair.
Motion by Mr. Attaway, seconded by Mrs. Lubeck, that Council accept the Boley report
itemizing the needed repairs and repair costs for both the Civic Center and the
Neighborhood Center buildings with the understanding that staff will continue to work on it
and there will be further changes to come before Council. Carried unanimously.
Mayor Benjamin stated that Council would provide direction on priorities for public buildings
and equipment upgrades after the walk through scheduled for March 18, 1993.
Motion by Mr. Attaway, seconded by Mr. Blanton, that Council approve $63,000 for
Project 9321 - California Energy Commission Grant, Energy Conservation Project from
Account No. 4473-85020 contingent on the Town receiving an Energy Commission grant in
this same amount. Carried unanimously.
Motion by Mrs. Lubeck, seconded by Mr. O'Laughlin, that Council approve $8,000 for
Project 9318 Civic Center Air Balance Study from Account No. 4473-85020. Carried by a
vote of 4 ayes. Mr. Blanton voted no stating that he would prefer to act on this after the walk
through has been held.
Motion by Mrs. Lubeck, seconded by Mr. O'Laughlin, that Council disencumber balance
on P.O. No. 93089, return $25,740 to fund balance and appropriate $8,000 for Project 9318 -
Civic Center Air Balance Study. Carried by a vote of 4 ayes. Mr. Blanton voted no for
reason stated in previous motion.
Mayor Benjamin announced that this item will be adjourned to the walk through scheduled
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for March 18, 1993.
PUBLIC URINATION/DEFECATION/TOWN CODE AMENDMENT (21.46)
Mayor Benjamin stated that this was the time and place duly noted to consider introducing
ordinance amending Chapter 18 of the Town Code by adding Section 18.80.010, Public
Urination or Defecation.
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TOWN CODE AMENDMENT CONT.
The Town Clerk read the Title of the Draft Ordinance.
Motion by Mrs. Lubeck, seconded by Mr. Attaway, that Council waive the reading of the
Draft Ordinance.
Motion by Mrs. Lubeck, seconded by Mr. Blanton, that Council introduce Draft Ordinance
entitled, ORDINANCE OF THE TOWN OF LOS GATOS ADDING ARTICLE VII, SECTIONS
18.80.010 AND 18.80.020 TO CHAPTER 18 OF THE TOWN CODE PROHIBITING
PUBLIC URINATION OF DEFECATION. Carried unanimously.
MAIN ST W 131/RANKIN BUILDING/ARCHITECTURAL DETAILING (22.09)
Mayor Benjamin stated that this was the time and place duly noted to consider a request to
delete architectural detailing previously required for an earthquake damaged historic
commercial building in the C-2-LHP zone; ES-90-23C; 131 W. Main St; David Wilson,
owner.
The following person addressed this issue:
John Lien, 196 College Ave., architect for the project, addressed the fact that he had been
unable to find a satisfactory product for the exterior decorations on the building. He
requested that Council consider the project complete at this time.
No one else spoke regarding this issue.
Motion by Mr. Attaway, seconded by Mrs. Lubeck, that Council approve Earthquake
Architecture and Site Application ES-90-23C. Carried unanimously.
COUNCIL COMMITTEES (23.10)
Mr. O'Laughlin addressed the Vasona Corridor and the need of Council and public to bring
input to the prioritizing of this project. The Vasona Corridor Committee if committed to this
project being first on the priority list.
Mayor Benjamin spoke regarding a planned workshop on the Compensation and Evaluation
of Department Heads that the Santa Clara County Cities Association is agendizing, and
requested Council to sign up for the event.
ADJOURNMENT
Mayor Benjamin adjourned this evening's meeting at 9:29 to Closed Session immediately
following, and to Closed Session at 8pm, and a walk through of the Civic Center at 9pm,
March 18, 1993.
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ATTEST:
Marian V. Cosgrove
Town Clerk
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