M 03-01-93TOWN OF LOS GATOS
CALIFORNIA
TOWN COUNCIL/PARKING AUTHORITY
March 1, 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 7:32 p.m., Monday, March 1, 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
James Jackson, Interim Town Attorney, reported that Council had met in Closed Session
prior to this evening's meeting pursuant to Government Code Section 54957 to discuss
Personnel item regarding Town Attorney Selection. Applications have been received and
will be reviewed in Closed Session March 18th. Interviews will be held March 27th and 28th.
PRESENTATION/JACK LUCAS/SCC TRAFFIC AUTHORITY (00.43)
Jack Lucas, Los Gatos Representative, and member of the Santa Clara County Traffic
Authority, spoke to Council regarding his support and commitment to the West Valley Cities'
interests while serving as a member of the Traffic Authority. He left the phone number and
address of the Authority's field office for questions from Council or public: 983 N. University,
399-CARS.
COMMENDATIONS/WAYNE SAINDON/MICHAEL LA ROCCA/TOWN EMPLOYEES (000.43)
Mayor Benjamin presented commendations to Captain Wayne Saindon and Director of
Parks, Forestry & Maintenance, Michael La Rocca, for their years of service as employees of
the Town. Both Mr. Saindon and Mr. La Rocca thanked Council for the recognition.
COMMUNITY SERVICES/COMMENDATION/ELROY SMITH (01.20)
Mayor Benjamin announced a commendation for Elroy Smith for his service on the
Community Services Commission.
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SCHEDULE OF PUBLIC HEARINGS (01.01)
Informational report regarding currently scheduled public hearings was received and filed.
COUNTY REFERRALS (02.47)
Motion by Mr. Blanton, seconded by Mr. O'Laughlin, that Council approve the
recommended action concerning County Referrals:
Referral #Location Applicant Request
Recommendation
b.Projects Inside Urban Service Area:
5516 15180 Blackberry Hill Rd.Harrell Variance Approval
Carried unanimously.
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PLANNING COMMISSION/PLANNING DEPARTMENT MONTHLY STATUS REPORT (03.47)
Informational report regarding activity of Planning Commission and Department was
received and filed.
COUNCIL CALENDAR OF MEETINGS (04.10)
Informational item presenting future Town Meetings for Council and other Town Boards and
Commissions was received and filed.
PAYROLL/RATIFICATION/FEBRUARY 1993 (05.V)
Motion by Mr. Blanton, seconded by Mr. O'Laughlin, that Council ratify the accompanying
check registers for payroll of January 31 through February 13, 1993 in the amount of
$213,507.18 paid on February 19, 1993. Carried unanimously.
ACCOUNTS PAYABLE/RATIFICATION/FEBRUARY 1993 (06.V)
Motion by Mr. Blanton, seconded by Mr. O'Laughlin, that Council ratify accompanying
check registers for accounts payable invoices in the amount of $753,786.24 paid on
February 12, 19 and 26, 1993. Carried unanimously.
CLAIM REJECTION/KATYE JACKSON (07.01)
Motion by Mr. Blanton, seconded by Mr. O'Laughlin, that Council reject the claim of Katye
Jackson filed January 20, with the Town Clerk. Carried unanimously.
WOOD ROAD/URBAN SERVICE AREA/APPLICATION/LAFCO REPORT (09.09)
Motion by Mr. Blanton, seconded by Mr. O'Laughlin, that Council accept recommendation
from LAFCO staff to delete a parcel from the proposed Wood Road Urban Service Area
Expansion. Carried unanimously.
FEDERAL MANDATE RELIEF ACT OF 1993/HR 140/REQUEST SUPPORT/MINETA (10.17)
Motion by Mr. Blanton, seconded by Mr. O'Laughlin, that Council authorize Mayor to
forward letter to Congressman Mineta requesting that he co-sponsor the Federal Mandate
Relief Act of 1993. (HR 140). Carried unanimously.
9303 PROJECT "A" & "B"/COMPLETION NOTICE/TREE PRUNING/TREE REMOVAL
(11.35)
Motion by Mr. Blanton, seconded by Mr. O'Laughlin, that Council approve Certificate of
Acceptance and Notice of Completion and authorize the Town Manager to execute and the
Town Clerk to record a Certificate of Acceptance and Notice of Completion for Project 9303
"A" and "B" - Tree Pruning and Removals. Carried unanimously.
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STATION WAY/RENAMING/CALLE DE LOS GATOS/RESOLUTION 1993-31 (12.02)
Motion by Mr. Blanton, seconded by Mr. O'Laughlin, that Council adopt Resolution 1993-
31 entitled, RESOLUTION OF THE TOWN OF LOS GATOS TO NAME "CALLE DE LOS
GATOS" "STATION WAY" FROM WEST MAIN STREET TO ANDREWS STREET.
Carried unanimously.
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BONDS REQUIRED/TOWN OFFICIALS
CLERK/TREASURER/MANAGER/FINANCE/ORDINANCE 1932 (13.10)
Motion by Mr. Blanton, seconded by Mr. O'Laughlin, that Council adopt Ordinance 1932
entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING CHAPTER 2,
SECTION 2.30.015, OF THE TOWN CODE RELATING TO THE BONDS REQUIRED OF
CERTAIN TOWN OFFICIALS. Carried unanimously.
HEARING
TRAFFIC IMPACT MITIGATION FEES/HEARING (14.39)
Mayor Benjamin stated that this was the time and place duly noted for public hearing to
consider adoption of resolution revising Town-Wide Traffic Impact Mitigation Fees.
There was no one from the audience to address this issue.
Motion by Mr. Attaway, seconded by Mrs. Lubeck, to continue this public hearing to April
5, 1993. Carried unanimously.
BUSINESS IMPROVEMENT DISTRICT/BID/DOWNTOWN LOS GATOS/HEARING (15.43)
Mayor Benjamin stated that this was the time and place duly noted for public hearing to
consider introducing ordinance amending Ordinance 1876, Sections 1.100 - Purpose and
Findings; 1.015 -Definitions; 1.020 - Establishment of District Boundaries and Benefit Zone;
1.025 - Establishment of Benefit Assessment; and 1.030 - Purpose and Use of Benefit
Assessments; to confirm and appoint the 1993 BID Advisory Board; and to increase
Neighborhood Center Rent Budget and Increase Community Grants for Payment of Advisory
Committee Office Rent at the Neighborhood Center Through June 1993.
The following person from the audience spoke to this issue:
Joe Hargett, representing the Downtown Association, 95 Church Street, spoke in favor of
staff's recommendations and ordinance and amendments, and requested Council's support
of the program presented this evening.
No one else from the audience addressed this issue.
Motion by Mrs. Lubeck, seconded by Mr. Attaway, to close the public hearing. Carried
unanimously.
Council requested staff to return with policy for accounting for rental of the Neighborhood
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Center rooms to non-profits allowing Town to use cost accounting while agencies receive in
kind assistance from the Town.
The Deputy 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. Carried unanimously.
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HEARINGS CONTINUED
BUSINESS IMPROVEMENT DISTRICT CONT.
Motion by Mrs. Lubeck, seconded by Mr. Attaway, that Council introduce Draft Ordinance
entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING ORDINANCE 1876
ESTABLISHING THE DOWNTOWN LOS GATOS BUSINESS IMPROVEMENT DISTRICT.
Carried unanimously.
Motion by Mr. Attaway, seconded by Mrs. Lubeck, that Council confirm and appoint the
1993 BID Advisory Board members elected by the membership. Carried unanimously.
Motion by Mrs. Lubeck, seconded by Mr. Attaway, that Council increase Neighborhood
Center rental income $400 and increase community grants by $400 for payment of Advisory
Committee office rent at the Neighborhood Center through June 1993. Carried
unanimously.
SIAM THAI CUISINE RESTAURANT/ABC LICENSE/APPEAL
Mayor Benjamin stated that this was the time and place duly noted for public hearing to
consider an appeal of a decision of the Planning Commission in granting approval to modify
a condition of approval of a previous application to extend the hours of serving beer and
wine with meals and to serve beer and wine in the outdoor seating area on property in the C-
1 zone. Conditional Use Permit U-83-27C. Property Location: 220 East Main Street, Siam
Thai Cuisine Restaurant. Property Owner: Eva Ogilvie. Appellant: Tod R. Likins,
Superintendent, Saratoga Los Gatos Joint Union High School District & Ted Simonson,
Principal, Los Gatos High School.
The following people from the audience spoke to this issue:
Jay Vlasak, Assistant Principal of LG High, 885 Old Mill Pond Road, spoke against the
extended alcohol use at this restaurant due to the close proximity to the school.
Ed Burke, 285 East Main Street, owner of the Los Gatos Athletic Club, was in favor of the
improved appearance of the restaurant and felt that the beer and wine served with the meals
would not adversely affect the area.
Wisit Vongampai, owner of Siam Thai Cuisine restaurant, requested Council approve his
request for extended hours in which to serve alcohol with meals at his restaurant.
Diane Ogilvie, property owner, explained the situation at this restaurant location over the
past fifteen years and remarked that alcohol consumption has always been at a minimum.
No one else from the audience addressed this issue.
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Motion by Mr. Attaway, seconded by Mr. Blanton, that Council close the public hearing.
Carried unanimously.
Motion by Mr. Blanton, seconded by Mr. O'Laughlin, that Council find that Planning
Commission erred in not considering the ease of access from the exterior of the restaurant
with regard to passing alcohol to minors and that consistently the Town has requested a
barrier between the restaurant and the sidewalk if there is sale of alcoholic beverages, and
that this restaurant does meet the requirements for serving alcohol with meals in the
downtown area.
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HEARINGS CONTINUED
SIAM THAI CUISINE RESTAURANT CONT.
That Council grant the appeal and revise the conditions to allow alcohol to be served inside
the restaurant, with meals, during the hours of 11am to 10pm, and that the three conditions
relating to full meal service, review of conditional use compliance, and the need for private
patrolling of the issue be added to the Conditional Use Permit. Carried by a vote of 4 ayes.
Mrs. Lubeck voted no stating that consistency in treating all restaurants in Town should be
observed.
ZONING ORDINANCE AMENDMENT/A-92-10/HEARING (17.46)
Mayor Benjamin stated that this was the time and place duly noted for public hearing to
consider an amendment to 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.
No one from the audience addressed this issue.
Motion by Mr. Blanton, seconded by Mr. O'Laughlin, that Council continue this item to
March 15, 1993. Carried unanimously.
ZONING ORDINANCE AMENDMENT/A-92-11/HEARING (18.46)
Mayor Benjamin stated that this was the time and place duly noted for public hearing to
consider an amendment to 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
Applicant: Town of Los Gatos.
No one from the audience addressed this issue.
Motion by Mr. Blanton, seconded by Mr. O'Laughlin, that Council continue this item to
March 15, 1993. Carried unanimously.
MINUTES OF FEBRUARY 16, 1993 (19.V)
Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council approve the Minutes of
February 16, 1993 as submitted. Carried unanimously.
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Los Gatos, California
SIGNS/HIGHWAY 17 (08.38)
Consensus motion that Council direct staff to prepare a letter to Caltrans incorporating the
following issues: install new freeway signs directing motorists to Downtown Los Gatos;
change signs identifying "East Los Gatos" to "Los Gatos Boulevard"; review and develop
new sign program in anticipation of Route 85. Carried unanimously.
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Los Gatos, California
COUNCIL REPORTS (20.10)
Mayor Benjamin brought up the FAR guidelines and the possible need to review the creation
of basements in existing homes and basements in new homes to keep the size of the homes
down. Council felt that the present guidelines were sufficient at this time.
Mr. Blanton reported that Santa Clara County Water Commission has declared the drought
officially over and that measures are being taken to conserve and store the water we now
have. Council requests that the Water District do more strategic long term planning in
preparation for any further water shortage.
ADJOURNMENT
Mayor Benjamin adjourned this evening's meeting at 9:05 p.m.
ATTEST:
MarLyn Rasmussen
Senior Deputy Clerk
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