M 01-19-93TOWN OF LOS GATOS
CALIFORNIA
TOWN COUNCIL/PARKING AUTHORITY
January 19, 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 8:10 p.m., Tuesday, January 19, 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)
David Knapp, Town Manager, reported that Council had met in Closed Session prior to this
evening's meeting pursuant to Government Code Section 54956.9(a), Council met to discuss
Pending Litigation regarding Wilfred Carstens v. Town of Los Gatos.
Pursuant to Government Code Section 54957 to discuss a Personnel issue. Council
considered the selection of a new Town Attorney.
PLANNING COMMISSION/COMPOSITION/APPOINTMENTS/ORDINANCE 1928 (24.20)
Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council adopt Ordinance 1928
entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING SECTION 20.20.015
OF THE TOWN CODE SETTING THE COMPOSITION, APPOINTMENT, AND TERMS OF
OFFICE FOR MEMBERS OF THE PLANNING COMMISSION, which was introduced at the
Town Council meeting of January 4, 1993. Carried by a vote of 4 ayes. Mayor Benjamin
voted no for reasons stated in previous record.
COMMUNITY SERVICES/APPOINTMENT/JEFFREY JOHNS (00.20)
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Mayor Benjamin announced that two applications had been received for one vacancy on the
Community Services Commission from Dresden Erickson and Jeffrey Johns. Voting was
held and Mr. Johns was appointed to a term expiring January 1, 1994.
GENERAL PLAN COMMITTEE/APPOINTMENT/ERIC CARLSON (00.20)
Mayor Benjamin announced that three applications had been received for one vacancy on
the General Plan Committee from Eric Carlson, Peter Hertan and Jay Ross. Voting was held
and Eric Carlson was appointed to a term expiring August 1, 1995.
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PLANNING COMMISSION/APPOINTMENT/DIANE ROBERTS (00.20)
Mayor Benjamin announced that six applications had been received for one vacancy on the
Planning Commission from Kenneth Bort, Patricia Ernstrom, Peter Hertan, Alrie Middlebrook,
Diane Roberts and Mimi Whitney-Haft. Voting was held and Diane Roberts was appointed
to a term to expire 1/31/97.
TRAILS COMMITTEE/APPOINT'S/KENNETH BORT/DAVID MC KAY
DALE PHELPS/SHELDON SMITH (00.20)
Mayor Benjamin announced that four applications had been received for four vacancies on
the Trails Committee from David Mc Kay, Dale Phelps, Sheldon Smith and Kenneth Bort.
Voting was held and Mr. Mc Kay, Mr. Phelps, Mr. Smith and Mr. Bort were appointed to
terms expiring January 31, 1997.
REDEVELOPMENT ADVISORY COMMITTEE/APPOINTMENT/MIMI WHITNEY-HAFT
(00.20)
Mayor Benjamin announced that two applications had been received for vacancy on the
Redevelopment Advisory Committee from Kenneth Bort and Mimi Whitney-Haft. Ms.
Whitney-Haft was appointed to term expiring August 1, 1993.
9319 PROJECT/REFORESTATION/DOWNTOWN PHASE II/RESOLUTION 1993-10 (01.35)
Motion by Mrs. Lubeck, seconded by Mr. Attaway, that Council award contract to G.I.
Hopkins with lowest bid of $17,700. Carried unanimously.
Motion by Mrs. Lubeck, seconded by Mr. Attaway, that Council adopt Resolution 1993-10
entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH G.I. HOPKINS FOR THE CONSTRUCTION OF
PROJECT 9313 DOWNTOWN REFORESTATION PHASE II. Carried unanimously.
SCHEDULE OF PUBLIC HEARINGS (02.01)
Informational report regarding currently scheduled public hearings was received and filed.
PAYROLL/RATIFICATION/JANUARY 1993 (03.V)
Motion by Mr. Blanton, seconded by Mr. Attaway, that Council ratify the accompanying
check registers for payroll of December 20 through January 8, 1993 in the amount of
$220,480.02 paid on January 8, 1993. Carried unanimously.
ACCOUNTS PAYABLE/RATIFICATION/JANUARY 1993 (04.V)
Motion by Mr. Blanton, seconded by Mr. Attaway, that Council ratify accompanying check
registers for accounts payable invoices in the amount of $431,027.25 paid on December 31,
1992, and January 10, 1993. Carried unanimously.
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CONGESTION MANAGEMENT AGENCY/CANDIDATE PROJECTS FOR 1994 (06.38)
Motion by Mr. Blanton, seconded by Mr. Attaway, that Council accept report updating
submittal to County Congestion Management Agency on project nomination for 1995
STP/CMAQ and 1994 RTIP. Carried unanimously.
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BUDGET/IMPACT ON TOWN/STATE'S 1993-94 BUDGET (07.06)
Motion by Mr. Blanton, seconded by Mr. Attaway, that Council accept report on impact of
the State's budget on Town's fiscal year 1993-94 budget. Carried unanimously.
PLAYGROUND EQUIPMENT/PARK PROJECTS/BUDGET TRANSFER (08.25)
Motion by Mr. Blanton, seconded by Mr. Attaway, that Council authorize budget transfers
between park projects increasing Live Oak Manor Project (475 PPKLM) from $28,750 to
$45,300; reducing Blossom Hill Park Project (475 PPKBH) from $112,700 to $67,989;
increasing Bachman Park Project (475 PPKBN) from $32,200 to $60,361; authorize
issuance of Purchase Orders in the amount of $9,350 to DM Concrete Construction for play
area retaining walls at Bachman Park; and authorize the reduction of Purchase Order 93035
to Ross Recreation Equipment Company from $173,650 to $140,000. Carried
unanimously.
PARKING CITATIONS/ADMINISTRATIVE SERVICES/REQUEST FOR PROPOSAL (11.38)
Motion by Mr. Blanton, seconded by Mr. Attaway, that Council authorize Town Manger to
distribute request for proposals (RFP) for parking citation administrative services. Carried
unanimously.
8805 PROJECT/PARKING ASSESSMENT DISTRICT/LOT 4/GARAGE/GRAYS LANE 20
COMPLETION NOTICE (12.35)
Motion by Mr. Blanton, seconded by Mr. Attaway, that Council authorize the Mayor to
execute and the Town Clerk to record a Certificate of Acceptance and Notice of Completion
for Project 8805 - Parking Assessment District Lot 4, Garage at 20 Grays Lane. Carried
unanimously.
TRAILS COMMITTEE/APPOINTMENTS/FROM PLANNING AND PARK COMMISSIONS
(13.20)
Motion by Mr. Blanton, seconded by Mr. Attaway, that Council affirm Planning and Park
Commission appointments of Allen Rudolph and Judith Howell to Trails Committee.
Carried unanimously.
PARKING COMMISSION/COMMENDATION/BUD CRISTENSEN/RESOLUTION 1993-11
(15.20)
Motion by Mr. Blanton, seconded by Mr. Attaway, that Council adopt Resolution 1993-11
entitled, RESOLUTION OF THE TOWN OF LOS GATOS COMMENDING MR. DEAL
"BUD" CHRISTENSEN FOR HIS SERVICES ON THE PARKING COMMISSION. Carried
unanimously.
POLICE OFFICER'S ASSOC/POA/MEMORANDUM OF UNDERSTANDING/MOU
RESOLUTION 1993-12 (17.10)
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Motion by Mr. Blanton, seconded by Mr. Attaway, that Council adopt Resolution 1993-12
entitled, RESOLUTION OF THE TOWN OF LOS GATOS APPROVING MEMORANDUM
OF UNDERSTANDING (MOU) BETWEEN THE TOWN OF LOS GATOS AND POLICE
OFFICERS' ASSOCIATION (POA). Carried unanimously.
URBAN SERVICE AREA BOUNDARY/WOOD ROAD ADDITION/RESOLUTION 1993-13
(18.47)
Motion by Mr. Blanton, seconded by Mr. Attaway, that Council adopt Resolution 1993-13
entitled, RESOLUTION OF THE TOWN OF LOS GATOS RECOMMENDING
MODIFICATION OF THE URBAN SERVICE AREA BOUNDARY OF THE TOWN OF LOS
GATOS WITHIN THE COUNTY OF SANTA CLARA, which includes a portion of the Wood
Road area. Carried unanimously.
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FEDERAL MANDATES/IMPOSED ON STATE AND LOCAL GOVERNMENT
TERMINATION REQUEST/RESOLUTION 1993-14 (19.17)
Motion by Mr. Blanton, seconded by Mr. Attaway, that Council adopt Resolution 1993-14
entitled, RESOLUTION OF THE TOWN OF LOS GATOS SUPPORTING AN END TO
UNFUNDED FEDERAL MANDATES ON LOCAL AND STATE GOVERNMENT. Carried
unanimously.
POLLARD ROAD 815/NATIONAL MEDICAL ENTERPRISES
MEDICAL FACILITY CONSTRUCTION/RESOLUTION 1993-15 (20.09)
Motion by Mr. Blanton, seconded by Mr. Attaway, that Council adopt Resolution 1993-15
entitled, RESOLUTION OF THE TOWN OF LOS GATOS DENYING AN APPEAL OF A
DECISION OF THE PLANNING COMMISSION APPROVING A REQUEST FOR
APPROVAL OF PLANS TO CONSTRUCT A 58,515 SQ. FT. MEDICAL OFFICE FACILITY
IN THE "O" ZONE, ARCHITECTURE AND SITE APPLICATION S-90-9A AND
NEGATIVE DECLARATION ND-90-9, which incorporates the Town Council's findings and
decision of its meeting of January 4, 1993. Carried unanimously.
LOS GATOS BOULEVARD 15902-16000/HANDICAPPED ACCESS/RESOLUTION 1993-16
(22.09)
Motion by Mr. Blanton, seconded by Mr. Attaway, that Council adopt Resolution 1993-16
entitled, RESOLUTION OF THE TOWN OF LOS GATOS DENYING AN APPEAL OF A
DECISION OF THE PLANNING COMMISSION APPROVING A REQUEST FOR
MODIFICATION TO A CONDITION OF APPROVAL OF THE PREVIOUS APPROVAL
GRANTED FOR A SHOPPING CENTER RECONSTRUCTION IN THE C-1 ZONE; THE
REQUESTED MODIFICATION IS TO RELOCATE A PEDESTRIAN WALKWAY;
ARCHITECTURE AND SITE APPLICATION S-91-68A, which incorporates the Town
Council's findings and decision of its meeting of January 4, 1993. Carried unanimously.
LOS GATOS BLVD 15367/PLANT NURSERY OPERATION/DUFURS LANDSCAPE
RESOLUTION 1993-17 (23.09)
Motion by Mr. Blanton, seconded by Mr. Attaway, that Council adopt Resolution 1993-17
entitled, RESOLUTION OF THE TOWN OF LOS GATOS DENYING AN APPEAL OF A
DECISION OF THE PLANNING COMMISSION APPROVING A REQUEST FOR
PERMISSION TO ESTABLISH A RETAIL PLANT NURSERY ON PROPERTY IN THE CH
ZONE, CONDITIONAL USE PERMIT APPLICATION U-81-7B, which incorporates the
Town Council's findings and decision of its meeting of January 4, 1993. Carried
unanimously.
BUSINESS LICENSES/MISCELLANEOUS BUSINESS REGULATIONS/ORDINANCE 1929
(25.05)
Motion by Mr. Blanton, seconded by Mr. Attaway, that Council adopt Ordinance 1929
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entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING BUSINESS LICENSE
FEES, which was introduced at the Town Council meeting of January 4, 1993. Carried
unanimously.
HEARINGS
DOWNTOWN LOS GATOS BUSINESS IMPROVEMENT DISTRICT/RE-ESTABLISHMENT
(26.43)
Mayor Benjamin stated that this was the time and place duly noted for public hearing to
consider re-establishment and amendments to the Downtown Business Improvement District
and establishing assessments.
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HEARINGS CONTINUED
BUSINESS IMPROVEMENT DIST. CONT.
Staff explained that due to a change in State law which became effective January 1, 1993,
requiring a minimum 45 day notification period for any increase in license fees, it was
necessary to reschedule the public hearing on this matter to March 1, 1993.
Motion by Mr. Blanton, seconded by Mr. Attaway, that Council confirm that a public
hearing is set for March 1, 1993. Carried unanimously.
UNDERGROUND UTILITY DISTRICT 9301/MAIN TO ELM/CALLE DE LOS GATOS (27.24)
RESOLUTION 1993-18
Mayor Benjamin stated that this was the time and place duly noted for public hearing to
consider establishing an Underground Utility District 9301 using Utility Underground funds or
California Public Utilities Commission Rule 20A monies.
There was no one from the audience to address Council on this subject.
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 adopt Resolution 1993-18
entitled, RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
ESTABLISHING UNDERGROUND UTILITY DISTRICT 9301. Carried unanimously.
Motion by Mr. Blanton, seconded by Mr. Attaway, that Council approve the policy which
allows undergrounding of service laterals using Utility Underground funds or California Public
Utilities Commission (CPUC) Rule 20A monies as appropriate. Carried unanimously.
CODE COMPLIANCE/QUARTERLY REPORT (05.47)
Informational report from the Code Compliance Officer regarding abatement of code
violations was received and filed.
Motion by Mr. Attaway, seconded by Mr. O'Laughlin, to send a commendation from
Council to the Code Compliance Officer, Christine Arruiza, on an excellent job of code
compliance enforcement alleviating need for legal recourse. Carried unanimously.
MAINTENANCE/TOWN PROPERTY/CAPITAL IMPROVEMENT FUND (09.06)
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Motion by Mrs. Lubeck, seconded by Mr. Attaway, that Council authorize a $15,000
budget in the Construction Tax - Capital Improvement Fund (4473-35060) for maintenance
of all Town owned property, and staff to return to Council with report regarding reassessment
of the Relocation Plan. Carried unanimously.
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BUSINESS IMPROVEMENT DISTRICT/CHECK DISBURSEMENT (10.43)
Informational report on the handling of Downtown Los Gatos Business Improvement District
(BID) funds was received and filed. Joe Hargett, President of the Downtown Business
Improvement District, assured Council that the BID would bring the monthly check
disbursements forward to Council for ratification at the time of their monthly report.
DESIGN AUTHORITY/DIRECTOR OF BUILDING & ENGINEERING SERVICES
RESOLUTION 1993-19 (14.10)
Motion by Mr. Attaway, seconded by Mr. Blanton, that Council adopt Resolution 1993-19
entitled, RESOLUTION OF THE TOWN OF LOS GATOS CONFERRING AUTHORITY ON
THE DIRECTOR OF BUILDING AND ENGINEERING SERVICES PURSUANT TO
GOVERNMENT CODE SECTION 830.6 TO APPROVE THE PLAN OR DESIGN OF THE
CONSTRUCTION OF, OR IMPROVEMENT TO PUBLIC PROPERTY, of the Town of Los
Gatos which cost less than $4,000 (amendment). Carried unanimously.
BUS TERMINAL/TOWN PROPERTY/SANTA CRUZ AVE S 145/LEASE AGREEMENT
RESOLUTION 1993-20 (16.38)
Motion by Mr. Attaway, seconded by Mrs. Lubeck, that Council adopt Resolution 1993-20
entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN
MANAGER TO EXECUTE A LEASE AGREEMENT WITH RONALD L. SCHIVO TO
OPERATE A BUS TERMINAL ON TOWN PROPERTY AT 145 SOUTH SANTA CRUZ
AVENUE, with the amendment that the words "without the prior consent of Lessor to a
commissioned agent" under Section 9 of the Lease Agreement be deleted. Carried
unanimously.
POLLARD ROAD 815/NATIONAL MEDICAL ENTERPRISES/MEDICAL FACILITY
RESOLUTION 1993-21 (21.09)
Motion by Mrs. Lubeck, seconded by Mr. Attaway, that Council adopt Resolution 1993-21
entitled, RESOLUTION OF THE TOWN OF LOS GATOS DENYING AN APPEAL OF A
DECISION OF THE PLANNING COMMISSION APPROVING A REQUEST FOR
APPROVAL OF A MASTER SITE PLAN FOR THE COMMUNITY HOSPITAL AND
REHABILITATION CENTER ON PROPERTY IN THE "O" ZONE, CONDITIONAL USE
PERMIT APPLICATION U-74-18E AND NEGATIVE DECLARATION ND-92-1, which
incorporates the Town Council's findings and decision of its meeting of January 4, 1993 and
includes the following amendments: on page 2, under Resolved, Section A (1), the word
"that" be removed on the first line and on the third line the last word "and" be removed.
Carried unanimously.
MINUTES OF JANUARY 4, 1993 (28.V)
Mayor Benjamin requested clarification of verbal comments on page 6, under Community
Hospital. Corrections to read as follows: Joseph James Enfantino, is concerned about his
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property and wishes to be assured that the underlying zone on his property is not affected by
Master Site Plan of the Hospital and requested assurances that the Master Plan confirm the
current zoning on his property until such time as the hospital purchases that property; Coros
Tavari, does not want Dardenelli Lane to become a cul-de-sac at any time. There was also
a spelling correction of Mike Silva's name on page 10.
Motion by Mr. Blanton, seconded by Mrs. Lubeck, to approve the Minutes of January 4,
1993 as amended. Carried unanimously.
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TREASURER'S REPORT/NOVEMBER 1993 (29.V)
Informational report submitted by the Treasurer to the Council for the month of November
1993, received and filed.
SANTA CRUZ AVE N/BETWEEN BLOSSOM HILL AND ANDREWS/NONCONFORMING
USES
ZONE CHANGE/COMMERCIAL-INDUSTRIAL TO NEIGHBORHOOD COMMERCIAL (30.46)
Motion by Mayor Benjamin, seconded by Mrs. Lubeck, that Council find that the Zoning
Ordinance Amendment is consistent with the General Plan and Downtown Specific Plan.
Carried by a vote of 4 ayes. Mr. Blanton voted no in the interest of clarity within zoned
districts.
The Town Clerk read the Title of the Draft Ordinance.
Motion by Mrs. Lubeck, seconded by Mr. Attaway, to waive the reading. Carried
unanimously.
Motion by Mrs. Lubeck, seconded by Mr. Attaway, that Council introduce Draft Ordinance
entitled, ORDINANCE OF THE TOWN OF LOS GATOS TO ALLOW EXISTING USES TO
REMAIN CONFORMING THAT WOULD OTHERWISE BE NONCONFORMING DUE TO
A CHANGE IN ZONING FROM LM (COMMERCIAL-INDUSTRIAL) TO C-1
(NEIGHBORHOOD COMMERCIAL). Carried by a vote of 4 ayes. Mr. Blanton voted no for
reason stated previously.
ROOF INSTALLATION/HAZARDOUS FIRE AREA/SAFETY ISSUES/TOWN CODE (31.13)
The Town Clerk read the Title of the Draft Ordinance.
Motion by Mrs. Lubeck, seconded by Mr. Attaway, to waive the reading. Carried
unanimously.
Motion by Mrs. Lubeck, seconded by Mr. Attaway, that Council introduce Draft Ordinance
entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE PROVISION
REGULATING THE PRACTICE OF ROOFING. Carried unanimously.
DEVELOPMENT PROCESS STREAMLINING COMMITTEE (32.20)
Informational report to Council addressing issues to improve the Development Review and
permit issuance process. Mrs. Lubeck applauded the staff's work on this issue. The report
was received and filed.
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COMMENDATIONS/PROCLAMATIONS/COUNCIL POLICY (33.43)
Motion by Mrs. Lubeck, seconded by Mr. Attaway, to approve the Council Policy
statement concerning issuance of commendations and proclamations. Carried unanimously.
Mrs. Lubeck requested clarification of policy regarding written presentations to newspapers
from individual Councilmembers which do not necessarily reflect the consensus or action of
Council. Committee and staff will bring back a report to Council addressing the various
opinions on this subject.
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COUNCIL SCHEDULE/WORKSHOP MEETING/COUNCIL GOALS 1993-94 (34.10)
Consensus motion that Council schedule a Council Workshop to discuss goals and
objectives which will be held at the Berry Farm building on Miles Ave, February 20, 1993.
The meeting will be published, posted and noticed for the public and Mayor Benjamin
directed Council to bring forward any issues they wish to discuss.
ADJOURNMENT
Motion by Mr. Attaway, seconded by Mrs. Lubeck, to adjourn this evening's meeting at
8:55 p.m. Carried unanimously.
ATTEST:
Marian V. Cosgrove
Town Clerk
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