M 11-15-93 2TOWN OF LOS GATOS
CALIFORNIA
TOWN COUNCIL/PARKING AUTHORITY
November 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 7:37 p.m., Monday, November 15, 1993, in
regular session.
ROLL CALL
Present:Randy Attaway, Steven Blanton, Linda Lubeck,
Patrick O'Laughlin and Mayor Benjamin.
Absent:None.
PLEDGE OF ALLEGIANCE
Given by all in attendance.
MAYOR'S STATEMENT
Mayor Benjamin thanked Council, Family and Staff for support given during her term of office
as Mayor. She praised the formulation of the Strategic Plan, the Parking Lot 4 completion,
and the completion of the Maria's Berry Farm project. She thanked the many town
volunteers on the committees and commissions, noting the work on the Trails Committee
and the Friends of the Library. She commented on all segments of the community working
together, and communicating with one another on the care of our community, and she
stressed the need for compatible growth and preservation of quality of life to maintain Los
Gatos' reputation as being the Gem of the Valley.
APPOINTMENT OF MAYOR/RANDY ATTAWAY (00.10)
Motion by Mayor Benjamin, seconded by Mr. Blanton, that Randy Attaway be elected as
Mayor for the 1993-94 year. Carried unanimously.
MAYOR'S PRESENTATION
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Mayor Attaway expressed thanks to retiring Mayor Joanne Benjamin and presented her with
flowers from the Council. He then presented his goals for this year, emphasizing balance of
all segments of Town government, with quality of life, and pride of community.
APPOINTMENT OF VICE MAYOR/PATRICK O'LAUGHLIN (000.10)
Motion by Mayor Attaway, seconded by Mrs. Lubeck, that Patrick O'Laughlin be elected
as Vice Mayor for the 1993-94 year. Carried unanimously.
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CLOSED SESSION
Larry Anderson, Town Attorney, reported that Council had met in Closed Session prior to this
evening's meeting pursuant to Government Code Section 54956.9(a) to discuss Pending
Litigation regarding City of Cupertino, et al. v. City of San Jose, et al., Santa Clara County
Superior Court Case No. 723220 (Landfill Litigation). The Town has joined with 11 other
communities in Santa Clara County in bringing a law suit against the City of San Jose
concerning land fill taxes that the City of San Jose imposed. Council authorized the Town of
Los Gatos to join in the appeal of the decision of the San Mateo Superior Court to the
appellate district.
Pursuant to Government Code Section 54956.9(a), Council met to discuss Pending Litigation
regarding Shelton v. Vick's Pipeline/Town of Los Gatos, Santa Clara County Superior Court
Case No. 721435 (Personal Injury). Council authorized an interim settlement which will be
presented to the plaintiff and co defendants attorneys in the coming weeks and if that
settlement is reached it will be made public.
Pursuant to Government Code Section 54956.9(c), Council met to discuss Initiation of
Litigation regarding Grading Violation at 101 Capistrano Place (Mezzetta). Council
authorized initiation of litigation in Superior Court to bring enforcement action to abate
violations.
Pursuant to Government Code Section 54957.6, Council met to discuss Labor Relations
regarding the Police Officer's Association Negotiations on New Memorandum of
Understanding. Council discussed with Mark Linder, Labor Negotiator, the upcoming
negotiations with the Police Officers Association.
COMMUNITY SERVICES COMMISSIONER/APPOINTMENT/MEI HSIEH (01.20)
Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, that Council affirm Mei Hsieh as
Student Community Services Commissioner. Carried unanimously.
9325 PROJECT/TREE PRUNING/ARBOR CARE/RESOLUTION 1993-164 (02.35)
Motion by Mrs. Lubeck, seconded by Mrs. Benjamin, that Council adopt Resolution 1993-
164 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH ARBOR CARE FOR THE CONSTRUCTION OF
PROJECT 9325 -TREE PRUNING. Carried unanimously.
SCHEDULE OF PUBLIC HEARINGS (03.01)
Informational report regarding currently scheduled public hearings was received and filed.
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PAYROLL/RATIFICATION/OCTOBER 1993 (04.V)
Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council ratify the accompanying
check registers for payroll of October 10 through October 23, 1993, in the amount of
$195,564.48 paid on October 29, 1993. Carried unanimously.
ACCOUNTS PAYABLE/RATIFICATION/OCTOBER 1993 (05.V)
Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council ratify accompanying
check registers for accounts payable invoices in the amount of $433,178.89 paid on October
29, and November 5, 1993. Carried unanimously.
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SKATEBOARDING/IN-LINE SKATING/ROLLER SKATING (06.46)
Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council accept status report on
ordinance regulating skateboarding, in-line skating and roller skating. Carried unanimously.
FUNDING CRITERIA/NONPROFIT AGENCIES/RESOLUTION 1988-130 (08.19)
Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council affirm Resolution 1988-
130 entitled RESOLUTION ESTABLISHING GUIDELINES FOR FUNDING OF NON-
PROFITS. Carried unanimously.
9324 PROJECT/TRAFFIC SIGNAL/NATIONAL & L.G. BLVD/RESOLUTION 1993-165 (09.35)
Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council adopt Resolution 1993-
165 entitled, RESOLUTION OF THE TOWN OF LOS GATOS APPROVING PLANS AND
SPECIFICATIONS AND AUTHORIZING THE ADVERTISEMENT FOR PROJECT 9324
LOS GATOS-ALMADEN ROAD AND NATIONAL AVENUE TRAFFIC SIGNAL
INSTALLATION. Carried unanimously.
AFFIRMATION OF ORDINANCE 1877 AND ORDINANCE 1880/RESOLUTION 1993-166
(10.43)
Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council adopt Resolution 1993-
166 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AFFIRMING REPEAL OF
SECTION 17-7 UNDER ORDINANCE NUMBER 1880 AS IT EXISTED PRIOR TO
ADOPTION OF ORDINANCE NUMBER 1877. Carried unanimously.
SAN BENITO AVE 615/FLOOR AREA RATION/RESOLUTION 1993-167 (11.09)
Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council adopt Resolution 1993-
167 entitled, RESOLUTION OF THE TOWN OF LOS GATOS GRANTING APPEAL OF A
PLANNING COMMISSION DENIAL OF A REQUEST TO EXCEED THE ALLOWABLE
FLOOR AREA RATIO FOR AN EXISTING TWO-STORY RESIDENCE AND TO ADD
ADDITIONAL FLOOR AREA TO THE SECOND FLOOR ON PROPERTY IN THE R-
01:8,000 ZONE ARCHITECTURE AND SITE APPLICATION S-93-19, which incorporates
the findings and decision of the Town Council at its meeting of November 1, 1993. Carried
unanimously.
BUSINESS IMPROVEMENT DISTRICT/RENEW & REDEFINE/RESOLUTION 1993-168 (12.43)
Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council adopt Resolution 1993-
168 entitled, RESOLUTION OF THE TOWN OF LOS GATOS TO RENEW AND REDEFINE
THE BUSINESS IMPROVEMENT AREA KNOWN AS THE DOWNTOWN LOS GATOS
BUSINESS IMPROVEMENT DISTRICT AND TO LEVY AND COLLECT ASSESSMENT FOR
FISCAL YEAR 1994 AND AMENDING ORDINANCE 1876, OR IN THE ALTERNATIVE
TO REPEAL THE BUSINESS IMPROVEMENT DISTRICT CREDIT ON BUSINESS LICENSE
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TAXES PROVIDED BY TOWN CODE SECTION 14.20.120. Carried unanimously.
24 HOUR BUSINESSES/CONDITIONAL USE PERMITS/ORDINANCE 1961 (13.46)
Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council adopt Ordinance 1961
entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE CONDITIONAL
USE PERMIT TABLE OF THE ZONING REGULATIONS REQUIRING 24 HOUR
BUSINESSES TO OBTAIN CONDITIONAL USE PERMITS, which was introduced at the
Town Council meeting of November 1, 1993. Carried by a vote of 4 ayes. Mrs. Lubeck
voted no for reasons stated in previous record.
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BUILDING REGULATIONS/STATE OF CALIFORNIA AMENDMENTS/ORDINANCE 1962
(15.13)
Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council adopt Ordinance 1962
entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING ARTICLES III
THROUGH V AND VIII THROUGH X OF CHAPTER 6 OF THE TOWN OF LOS GATOS
TOWN CODE RELATING TO BUILDING REGULATIONS AND TO ADOPT THE 1991
BUILDING REGULATIONS AND TO ADOPT THE 1991 BUILDING STANDARD
REGULATIONS WITH 1991 STATE OF CALIFORNIA AMENDMENTS, which was
introduced at the Council meeting of June 15, 1992. Carried unanimously.
HEARINGS
SIGNS/SPECIAL EVENTS/ORDINANCE AMENDMENT/HEARING (16.46)
Mayor Attaway stated that this was the time and place duly noted for public hearing to
consider introducing ordinance amending the Town Code to modify regulations for display of
signs on private property for activities under a special events permit. Zoning Ordinance
Amendment A-92-5A.
The following people from the audience spoke to this issue:
Suzanne Rayfield, 16800 Cypress Way, Boardmember of Chamber of Commerce,
addressed the work done by the committee regarding the sign ordinance and requested
some changes to the staff report.
John Spaur, representing the Chamber of Commerce, agreed with the committee report
and mentioned possible banner locations.
Al Dannell, representing the Chamber of Commerce, Government Relations Committee,
spoke in favor of the staff report and the committee's work and asked that the final ordinance
be fair to all those that may use it for special events.
No one else from the audience addressed this issue.
Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council close this public hearing.
Carried unanimously.
Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council approve Items 4, 5, 7
and 9 as they were suggested by the Chamber of Commerce and shown in the staff report.
Carried unanimously.
Motion by Mrs. Benjamin, seconded by Mr. O'Laughlin, that Council approve Item 1 as it
was suggested by the Chamber of Commerce and shown in the staff report, and which
eliminates the need for Item 8. Carried unanimously.
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Motion by Mrs. Lubeck, seconded by Mrs. Benjamin, that Council direct staff to notify and
work with community organizations which have held special events or events and have a
need to use display signs on their property or a need to display in a prominent location in the
Town, with Councilmember Lubeck serving as Council liaison to the committee; and to
return with report addressing which intersections would be best for central signage; how to
control proliferating signage; increasing the number of official display locations; and
methods to regulate the quality, size, and placement of the banners. Carried unanimously.
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HEARINGS CONTINUED
SIGNS/SPECIAL EVENTS CONT.
Motion by Mrs. Benjamin, seconded by Mr. O'Laughlin, to reopen this public hearing and
to continue this item to January 18, 1994, for report to return from staff. Carried
unanimously. Carried unanimously.
LOS GATOS BREWING COMPANY/SANTA CRUZ AVE N 130-G/APPEAL (17.09)
Mayor Attaway stated that this was the time and place duly noted for public hearing to
consider appeal of a Planning Commission decision denying a request for permission to
extend evening operating hours for a restaurant and bar on property in the C-2 Zone.
Conditional Use Permit Application U-77-24E. Property Located at 130-G N. Santa Cruz
Ave. Property Owner, Vargo Properties. Applicant, Los Gatos Brewing Company.
No one from the audience addressed this issue.
Motion by Mrs. Benjamin, seconded by Mr. O'Laughlin, that Council continue this matter
to January 4, 1994. Carried unanimously.
TREASURER'S REPORT/SEPTEMBER 1993
Informational report submitted by the Treasurer to the Council for the month of September
30, 1993 was received and filed.
LANDSCAPING AND LIGHTING DISTRICT 1/HILLBROOK BENEFIT ZONE/ANNEX
OPEN SPACE MAINTENANCE DISTRICT 1/RESOLUTION 1993-169 (20.04)
Mayor Attaway stated that this was the time and place duly noted to consider resolution
initiating proceedings to annex the Hillbrook Area into Landscaping and Lighting District 1,
designate it as Hillbrook Benefit Zone, and establish a policy on capital replacement and
credit for preexisting funds in Open Space Maintenance District 1.
The following people from the audience spoke to this issue:
Charles Steele, 141 Fairmead Lane, spoke regarding the fairness of assessments regarding
the different maintenance districts and suggested that they be handled in similar and
equatable manners.
Everett Eiselen, 112 Hillbrook Drive, stated that the majority of the people he had spoken to
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in the district did not wish to return the open space to the water district, feeling that it would
not be maintained as well as the Town has maintained it.
Joe Cusick, 163 Eastridge Drive, originally supported the concept of open space district
when it was first formed and supports the concept now. He is fully in support of the staff
report and the present proposal to reinstitute the fee schedule.
No one else from the audience addressed this issue.
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LANDSCAPING AND LIGHTING DISTRICT 1 CONT.
Motion by Mrs. Benjamin, seconded by Mr. O'Laughlin, that Council adopt Resolution
1993-169 entitled, RESOLUTION OF THE TOWN OF LOS GATOS INITIATING
PROCEEDINGS TO ANNEX THE HILLBROOK BENEFIT ZONE, AND ESTABLISH A
POLICY ON CAPITAL REPLACEMENT AND CREDIT FOR PREEXISTING FUNDS IN
OPEN SPACE MAINTENANCE DISTRICT NO.1. Carried unanimously.
Motion by Mrs. Lubeck, seconded by Mr. O'Laughlin, that Council direct preparation of an
engineer's report relating to costs and fees for the next fiscal year. Carried unanimously.
RENT ADVISORY COMMITTEE/RENT MEDIATION PROG/RESOLUTION 1993-170 (21.16)
Bill Krause, Woodland Ave, Los Gatos, spoke for the Rent Advisory Committee, supporting
the RAC's recommendations. He suggested that billing landlords for more than one year,
with a one month notice, would cause the landlords financial hardship due to cash flow.
Motion by Mrs. Lubeck, seconded by Mr. O'Laughlin, that Council adopt Resolution 1993-
170 entitled, RESOLUTION OF THE TOWN OF LOS GATOS INCREASING REGULATORY
FEES FOR THE RENT MEDIATION PROGRAM, in accordance with Town Code Section
14.80.245. Carried unanimously.
Motion by Mrs. Lubeck, seconded by Mr. O'Laughlin, that Council approve a non-interest
bearing loan from the General Fund to the Rent Mediation Fund through FY 1995-96 not to
exceed $16,000, with the caveat that Council review the billing cycle during the next budget
considerations. Carried unanimously.
Motion by Mrs. Lubeck, seconded by Mr. O'Laughlin, that Council direct staff to prepare
proposed ordinance revisions to charge fee to two-unit properties. Carried unanimously.
FIRE SAFETY/HILLSIDE FIRE HAZARDS/CENTRAL AVE 161 (07.13)
Jo Bartlett, 166 Oak Hill Way, asked that Council direct attention to fire safety in the
hillsides, specifically taking into consideration weed and brush control, water supply and
pressure, and additional hydrant location. The suggestion to approach San Jose Water Co.
for an additional assessment to pay for emergency water supply for potential fire threat in the
hills.
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Motion by Mrs. Benjamin, seconded by Mr. O'Laughlin, that Council direct staff to contact
San Jose Water Company asking for upgrading of water supplies and hydrant outlets in the
hillsides to accommodate the residential growth in these areas, and protect against the
possibility of aggressive hillside fires. And that Council accept and file status report from
Central Fire District regarding water pressure, hydrant location, access, brush cutting and
materials stored in garage related to fire at 161 Central Ave. Carried unanimously.
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DEVELOPMENT REVIEW COMMITTEE/LAND USE PERMITS/ORDINANCE 1963 (14.46)
Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, that Council adopt Ordinance 1963
entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE TOWN CODE
TO PROVIDE AUTHORIZATION TO THE DEVELOPMENT REVIEW COMMITTEE TO BE
THE DECIDING BODY FOR DETERMINING CERTAIN LAND USE PERMITS, which was
introduced at the Town Council meeting of November 1, 1993, and which will include
clarification of the last sentence in Sec. 24.10.020, "The Town Council is the advisory
agency for vesting tentative maps." Carried unanimously.
ROUTE 85/TOWN STREETS/LANDSCAPING (22.39)
Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, that Council approve final Route 85
Landscape Plans for freeway right-of-way as recommended by the Route 85 Landscape
Committee. Carried unanimously.
Council consensus to continue working with the Traffic Authority and CalTrans, and the
Oka Road/Mozart Neighborhood, to establish low maintenance landscaping in that area.
ALCOHOLIC BEVERAGE POLICY/LATE NIGHT SERVICE (23.42)
Motion by Mr. Blanton, seconded by Mr. O'Laughlin, that Council establish a committee
to review the matter of alcohol in the downtown area, composed of restaurant owners and
representatives from the police department and other members of the community, and to
also review the possibility of looking at gross receipts as one determinant of identifying a
restaurant or bar. Carried by a vote of 4 ayes. Mr. Attaway voted no.
Motion by Mr. O'Laughlin, seconded by Mrs. Lubeck, that Council adopt Resolution
entitled, RESOLUTION OF THE TOWN OF LOS GATOS REGULATING THE SALE OF
ALCOHOLIC BEVERAGES DOWNTOWN, which Council considered November 1, 1993,
and which modified the Alcoholic Beverage Policy for the Downtown, and specifically states:
sale of hard liquor with meals in restaurants may be permitted; the morning hour restriction
is changed to allow alcoholic beverages served with meals to begin at 10 a.m. rather than 11
a.m., this change accommodates restaurants serving brunch; a definition of meal is
established; and alcoholic beverage service outdoors is regulated. To be reopened for
discussion in January. Motion failed by a vote of 2 ayes and 3 nays. Mrs. Benjamin, Mr.
Blanton and Mayor Attaway voted no.
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Larry Anderson, Town Attorney, stated that staff would be bringing back an ordinance in
mid February, to become effective 30 days later, with the suspension and revocation
procedure of use permit that code compliance may use in enforcing this policy.
Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council continue this item until
the committee report is returned to Council. Carried by a vote of 4 ayes. Mr. O'Laughlin
voted no.
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LOS GATOS-SARATOGA ROAD/NAME CHANGE OF SARATOGA AVE (24.01)
Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, that Council authorize staff to
prepare a Resolution of Intent to change the name of Saratoga Avenue to Los Gatos-
Saratoga Road for public hearing and Council action. Carried unanimously.
PARKING LOT IV/ENGINEERING SERVICES/8805 PROJECT (25.35)
Motion by MRs. Benjamin, seconded by Mrs. Lubeck, that Council accept the report of
the first year of operation. Carried unanimously.
Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, that Council authorize and
additional $11,625.80 payment to Brian Kangas Foulk for architectural and engineering
services. Carried unanimously.
MINUTES OF NOVEMBER 1, 1993 (18.V)
Motion by Mrs. Lubeck, seconded by Mrs Benjamin, that Council approve the Minutes of
November 1, 1993 as submitted. Carried unanimously.
ADJOURNMENT
Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council adjourn this evening's
meeting at 9:47 p.m. Carried unanimously.
ATTEST:
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Marian V. Cosgrove
Town Clerk
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