M 04-18-94TOWN OF LOS GATOS
CALIFORNIA
TOWN COUNCIL/PARKING AUTHORITY
April 18, 1994
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 7:33 p.m., Monday, April 18, 1994, in regular session.
ROLL CALL
Present:Joanne Benjamin, Steven Blanton, Linda Lubeck,
Patrick O'Laughlin and Mayor Attaway.
Absent:None.
PLEDGE OF ALLEGIANCE
Given by all in attendance.
CLOSED SESSION
Larry Anderson, Town Attorney, stated 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
Rouse v. Town of Los Gatos, Santa Clara County Superior Court Case No. 718904. This is a trip and
fall accident occurring in Town which the Council gave instructions pertaining to the Attorney's
settlement authority. Final settlement, if any, will be made public.
Pursuant to Government Code Section 54957.6, to Conference with Labor Negotiator regarding the
Town Employees' Association. Instructions were given to negotiator concerning those negotiations.
HISTORIC PRESERVATION COMMITTEE/APPOINTMENT/GREG SEIDENBERG (00.20)
Mayor Attaway announced that one application had been received for one vacancy on the Historic
Preservation Committee from Greg Seidenberg. Voting was held and Mr. Seidenberg was appointed
to term expiring August 1, 1996.
TREE CITY U.S.A./CALIFORNIA DEPT OF FORESTRY/PRESENTATION (000.43)
Mayor Attaway introduced Doug Manella of the California Department of Forestry representing the
National Arbor Day Foundation, who presented the Town with the Tree City U.S.A. award.
COUNCIL COMMITTEE REPORT/MAYOR ATTAWAY/WORLD CUP/BRAZILIAN TEAM
Mayor Attaway spoke of the warm welcome by the Mayor of Rio de Janeiro and of his pleasant
reception as the Mayor of Los Gatos whose Town was hosting the World Cup Brazilian Team. He was
presented with a World Cup Sculpture from Rio de Janeiro, by Caesar Maia, to the Town of Los
Gatos, and he made that presentation to Council.
SCHEDULE OF PUBLIC HEARINGS (01.01)
Informational report regarding currently scheduled public hearings was received and filed.
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CODE COMPLIANCE/QUARTERLY REPORT (02.47)
Informational report from the Code Compliance Officer regarding abatement of code violations was
received and filed.
PAYROLL RATIFICATION/MARCH 1994 (03.V)
Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council ratify the check register for the
payroll of March 13 through March 26, 1994 paid on April 1, 1994 in the amount of $209,401.55.
Carried unanimously.
ACCOUNTS PAYABLE/RATIFICATION/APRIL 1994 (04.V)
Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council ratify the accompanying check
registers for accounts payable invoices paid on April 1 and April 8, 1994 in the amount of
$274,736.55. Carried unanimously.
MINUTES OF APRIL 4, 1994 (05.V)
Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council approve the Minutes of April 4,
1994 as submitted. Carried unanimously.
VEHICLE REPLACEMENT POLICY/AMENDED (06.28)
Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council accept and file report on amended
vehicle replacement policy. Carried unanimously.
HOUSING REPORT/IMPLEMENTATION/HOUSING ELEMENT (07.46)
Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council accept and file annual housing
report on the progress in implementing the Housing Element. Carried unanimously.
CLAIM REJECTION/RUTH BRISTOL (08.01)
Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council reject claim of Ruth Bristol filed
April 4, 1994 with the Town Clerk. Carried unanimously.
CLAIM ACCEPTANCE FOR FILING/KIM THOMPSON (09.01)
Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council authorize Town Attorney to accept
late claim of Kim Thompson for personal injuries occurring on August 26, 1993 for filling. Carried
unanimously.
AMICUS/SCS TRANSPORTATION AUTHORITY/GUARDINO (10.01)
Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council authorize the Town Attorney to
include the Town of Los Gatos as an amicus curiae in the case of Santa Clara County Local
Transportation Authority vs. Guardino pending before the California Supreme Court, at no cost to the
Town. Carried unanimously.
STORM DRAIN/BLOSSOM HILL/9323 PROJECT/BUDGET INCREASE (11.35)
Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council approve the following budget
increases: Increase P.O. #94160 by $5,805 ($109,700 to $115,505) from Storm Basin #1 fund balance
account; and Increase P.O. #94160CNT to $26,495 ($0 to $26,945) from Storm Basin #1 fund balance
account. Carried unanimously.
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FIRE HAZARD/WATER SUPPLY/HILLSIDES (12.37)
Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council accept and file report regarding
fire hazard concerns and water supply to the hillside communities. Carried unanimously.
MOBILE COMMAND POST/REFURBISHING/POLICE DEPARTMENT (13.09)
Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council authorize the Town Manager to
increase the capital purchase budget in the equipment replacement fund by $4,200.00 in 2201-77000;
transfer $500.00 from 100-26510 to the Equipment Replacement Fund; and authorize expenditure of
revenue from 201-36101 for the refurbishing of a mobile command post by the Department of
Corrections. Carried unanimously.
LOS GATOS BOULEVARD WIDENING/9307 PROJECT/RESOLUTION 1994-59 (14.35)
Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council adopt Resolution 1994-59
entitled, RESOLUTION OF THE TOWN OF LOS GATOS APPROVING PLANS AND
SPECIFICATIONS FOR PROJECT 9307 - LOS GATOS BOULEVARD WIDENING. Carried
unanimously.
PERMIT PARKING/SOUTHERN PACIFIC RIGHT-OF-WAY/ORDINANCE 1974 (16.42)
Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council adopt Ordinance 1974 entitled,
ORDINANCE OF THE TOWN OF LOS GATOS PROVIDING THAT THE REPEAL OF
SECTION 15.40.155 OF THE CODE OF ORDINANCES, TOWN OF LOS GATOS AND
DECLARING SAME TO BE NULL AND VOID AND OF NO EFFECT, which was introduced at
the Town Council meeting of April 4, 1994. Carried unanimously.
VERBAL COMMUNICATIONS:
Public Safety:
Joe Pozinski, 350 Los Gatos Blvd., representing the Los Gatos Disaster Response Team, a group of
sixty volunteers whose purpose is to assist the Town in emergency situations, requested that Council
consider public safety as a number one priority during budget considerations.
HEARINGS
SIGNS/SPECIAL EVENTS/REGULATIONS/ORDINANCE INTRODUCTION/HEARING (17.46)
Mayor Attaway stated that this was the time and place duly noted for public hearing to consider
introducing an ordinance amending the Town Code to modify regulations for display of temporary
signs in conjunction with events and special events; zoning ordinance amendment A-92-5A. This
matter will not have a significant impact on the environment, and is therefore exempt from the
requirements of the California Environmental Quality Act. Applicant, Town of Los Gatos.
The following person from the audience spoke to this issue:
Susan Rayfield, 16500 Cypress Way, representing the Chamber of Commerce, approved the Draft
Ordinance and its attempt to address what the committee was trying to accomplish in placing the
banners at various locations.
No one else from the audience addressed this issue.
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HEARINGS CONTINUED
SIGNS/SPECIAL EVENTS CONT.
Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council continue this item to May 2, 1994
for staff to reassess the following issues: The use of three signs to be placed, 1) at the site of the
event, 2) in the downtown area, 3) in another geographical location in Town, and none to be within
500 ft. of the same intersection; any legal obstacles which may not permit Council's goals;
clarification of Council's previous motion. Carried unanimously.
ALCOHOLIC BEVERAGE POLICY/RETROACTIVE/ORDINANCE INTRO/HEARING (18.43)
Mayor Attaway stated that this was the time and place duly noted for public hearing to consider
introducing an ordinance amending the Town Code establishing an administrative procedure
authorizing the Town Manager to take enforcement action against establishments in violation of the
alcoholic beverage policy and making provisions of serving alcoholic beverages: Zoning Ordinance
Amendment A-92-2. This matter will not have a significant impact on the environment, and is
categorically exempt from the requirements of the California Environmental Quality Act. Applicant,
Town of Los Gatos.
No one from the audience addressed this issue.
Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council close the public hearing. Carried
unanimously.
The Town Clerk read the title to the Draft Ordinance.
Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council waive the reading of the Draft
Ordinance. Carried unanimously.
Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council introduce Draft Ordinance
entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE TOWN CODE
SECTIONS 29.10.225 AND 29.20.310 AND ADDING SECTION 29.20.318 TO PROVIDE A
PROCEDURE SERVING ALCOHOLIC BEVERAGES IN CASES WHERE USE PERMIT
CONDITION OR ALCOHOLIC BEVERAGE POLICY IS VIOLATED, directing the Town
Clerk to publish a summary of the Ordinance. Carried unanimously.
PARKING FACILITIES/DOWNTOWN AREA/HEARING/RESOLUTION 1994-60 (19.42)
Mayor Attaway stated that this was the time and place duly noted for public hearing to consider
adopting resolution amending the Downtown Specific Plan to establish a priority for construction of
future public parking facilities in the Downtown Area. Downtown specific Plan amendment DSP-93-
1. No significant environmental impacts have been identified as a result of this project. A Negative
Declaration is recommended and an Environmental Impact Report will not be required. Applicant,
Town of Los Gatos.
No one from the audience addressed this issue.
Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council close the public hearing. Carried
unanimously.
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HEARINGS CONTINUED
PARKING FACILITIES CONT.
Motion by Mrs. Lubeck, seconded by Mr. O'Laughlin, that Council make the Negative Declaration
and find that the proposed amendment in the order of Parking Lots 2, 1, 13, 8, 11 & 12 is internally
consistent with the Downtown Specific Plan, General Plan and Downtown Redevelopment Plan and
that Council adopt Resolution 1994-60 entitled, RESOLUTION OF THE TOWN OF LOS GATOS
ADOPTING AMENDMENTS TO THE DOWNTOWN SPECIFIC PLAN TO ESTABLISH A
PRIORITY FOR CONSTRUCTION OF FUTURE PARKING FACILITIES IN THE
DOWNTOWN AREA, with the following priority for construction: Lots 2, 1, 13, 8, 11/12. Carried
unanimously.
HILLBROOK BENEFIT ZONE/LANDSCAPE & LIGHTING DISTRICT #1/HEARING (20.04)
Mayor Attaway stated that this was the time and place duly noted for public hearing to consider
creation and annexation of Hillbrook Benefit Zone to Landscape & Lighting District #1.
The following people from the audience spoke to this issue:
Everett Eiselen, 112 Hillbrook Drive, spoke in favor of the organization as proposed.
Charles Steele, 141 Fairmead Lane, spoke regarding the liability issue asking that homeowners
liability be limited to the maintenance of the park and he felt that this was an unfair assessment.
No one else from the audience addressed this issue.
Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, that Council close the public hearing and
announce the second public hearing on creation and annexation of Hillbrook Benefit Zone to
Landscaping & Lighting District #1 will be held on May 2, 1994, and that the ordinance to be adopted
at that time reflect the appropriate language addressing the homeowners' liability. Carried
unanimously.
ACCESSIBILITY STANDARDS/CONFORM TO STATE HOUSING/RESOLUTION 1994-61
(21.19)
Jim Lewis, 156 Vista Del Monte, addressed several issues in the report that had been agreed upon in
committee and asked that the changes not be made tonight until there is an opportunity for further
input from the disabled community.
Motion by Mr. Blanton, seconded by Mr. O'Laughlin, that Council adopt Resolution 1994-61
entitled, RESOLUTION OF THE TOWN OF LOS GATOS AMENDING CURRENT
RESIDENTIAL ACCESSIBILITY STANDARDS TO MORE CLOSELY CONFORM TO
STATE HOUSING AND COMMUNITY DEVELOPMENT STANDARDS, with the following
change: Item 3; Exhibit A; Accessibility Standards; to read, "Primary entrance shall have a 36-inch
wide door including a 5-foot by 5-foot level landing no more than 1" out of plane with the immediate
interior floor level, 18-inch clearance at interior strike edge. Carried unanimously.
NONPOINT SOURCE/STORM WATER MANAGEMENT/ASSESSMENTS (22.37)
Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council approve the proposed 1994-95
Storm Water Management Program (Nonpoint Source) proposed budget and assessment fee increase.
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Carried unanimously.
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RESIDENTIAL DENSITY/POLLARD RD/ROUTE 85/GENERAL PLAN AMENDMENT (23.46)
Eileen Goodwin, representing SCC Traffic Authority, thanked Town for its cooperation and requested
a General Plan Amendment for property located on Pollard Road adjacent to Route 85 to be zoned
high density from single family since it is bordered by other multi-family developments.
Motion by Mrs. Lubeck, seconded by Mrs. Benjamin, that Council direct the Planning Department
to initiate a General Plan amendment from Low Density Residential to Medium Density Residential
for the Traffic Authority property located on Pollard Road adjacent to Route 85. No work shall begin
until the Traffic Authority pays the fees required for preparing the environmental assessment. Carried
unanimously.
MASSAGE STUDIOS/LICENSED MEDICAL PRACTITIONERS/ORDINANCE INTRO (25.05)
The Town Clerk read the title of the Draft Ordinance.
Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, that Council waive the reading of the Draft
Ordinance. Carried unanimously.
Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, that Council introduce Draft Ordinance
entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE DEFINITION OF
SEX STUDIO CONTAINED IN TOWN CODE SECTION 29.10.020 TO CLARIFY
EXCEPTION FOR MASSAGE PRACTICE LICENSED MEDICAL PRACTITIONERS AND
ATHLETIC TRAINERS. Carried unanimously.
DOWNTOWN RESTAURANTS/TOWN POLICY (25.47)
Council consensus that Council direct staff to consider the following issues raised and discussed:
That staff make a strong recommendation to all restaurant applicants of 25 seats or more to go before
the Conceptual Development Advisory Committee; The projects contribute to the overall benefit of
the community; That projects make a significant contribution to the area; That projects contribute to
the pedestrian orientated downtown; That proliferation of nail boutiques and fast food take out should
be reviewed and controlled; That mixed retail should be encouraged. Carried unanimously.
VOLUNTEERS/WORKERS' COMPENSATION COVERAGE/RESOLUTION 1994-62 (15.10)
Motion by Mr. O'Laughlin, seconded by Mr. Blanton, that Council adopt Resolution 1994-62
entitled, RESOLUTION OF THE TOWN OF LOS GATOS AFFIRMING THAT PERSONS
WHO PERFORM VOLUNTARY SERVICE WITHOUT PAY FOR THE TOWN OF LOS
GATOS SHALL BE DEEMED AN EMPLOYEE OF THE TOWN FOR PURPOSES OF THE
STATE WORKERS' COMPENSATION LAWS. Carried unanimously.
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COUNCIL COMMITTEE REPORTS (26.10)
Mrs. Lubeck noted report from ABAG concerning the Proposed Platform on Restructuring
Government and requested that Council give her any concerns or suggestions they may have so she
can take them to the next meeting.
Mrs. Benjamin reported on the activities of the Santa Clara Cities Association and asked for
Council's suggestions on topics for workshops to be sponsored by the association in the future. She
also reported on County's plans to form a Library Assessment District with a $33 parcel fee.
Mayor Attaway reported further on the trip to Rio de Janeiro in preparation of the Brazilian team
being in Los Gatos during their World Cup tour of the United States. He talked of the hospitality and
warm welcome he received. The World Cup event has agreed to having a kids event at the Santa
Clara Stadium after practice and recognize forty children at a time to meet the team members at which
time the children will receive certificates, gift packets, autographs and a photo session with the team.
ADJOURNMENT
Motion by Mrs. Benjamin, seconded by Mr. Blanton, that this evening's meeting be adjourned at
9:50 p.m. Carried unanimously.
ATTEST:
Marian V. Cosgrove
Town Clerk
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