M 09-06-94TOWN OF LOS GATOS
CALIFORNIA
TOWN COUNCIL/PARKING AUTHORITY
September 6, 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 7:40 p.m., Tuesday, September 6, 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 54957, to discuss a Personnel Issue which is and
remains confidential and will be under discussion again.
REDEVELOPMENT ADVISORY COMMITTEE/ARTS COMMITTEE/COMMENDATIONS
DON WORN/DON WOLF/CURTIS WALTON (XX.20)
Mayor Attaway presented Commendations to Curtis Walton for his service on the Arts Commission
and to Don Worn and Don Wolf for their service to the Town while serving on the Redevelopment
Advisory Committee. Mr. Worn was present to receive his Commendation and thanked the Town for
the opportunity to serve.
TOWN EMPLOYEES/COMMENDATIONS FOR YEARS OF SERVICE TO THE TOWN (000.42)
Mayor Attaway presented Commendations for years of service to the Town to the following
employees: Robert Schuster, 30 yrs; Donald Ross, 25 yrs; Duino Giordano, 25 yrs; Elizabeth Ross,
20 yrs; John Pernick, 20 yrs; Tony Harding, 20 yrs; Lupe Rodriguez, 20 yrs; Tim Burns, 20 yrs;
Gregory Baba, 15 yrs; Larry Strom, 15 yrs; Judith Snyder, 15 yrs; Jeffrey Miller, 15 yrs; David
Moody, 15 yrs; and Bonnie Eckert, 15 yrs. The honored employees received their commendations at
the podium from the Mayor.
ARTS COMMISSION/APPOINTMENT/WILLIAM FUJII (00.20)
Mayor Attaway announced that there was one application from William Fujii for three vacancies on
the Arts Commission. Council voted on the application and Mr. Fujii was appointed to a term
expiring July 1, 1997.
BOARD OF APPEALS/APPOINTMENTS/MICHAEL GRABILL/JOHN LIEN (000.20)
Mayor Attaway announced that there were three applications from Michael Grabill, William
Hirschman and John Lien. Voting was held and Michael Grabill and John Lien were appointed to a
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term expiring January 1, 1995.
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PERSONNEL BOARD/APPOINTMENT/RUSS COONEY (XXX.20)
Mayor Attaway announced that there was one application from Russ Cooney for the one vacancy on
the Personnel Board. Voting was held and Mr. Cooney was reappointed to serve for term ending
January 1, 1999.
SANTA CLARA COUNTY MANUFACTURING GROUP/PRESENTATION
REALITIES OF AFFORDABLE HOUSING (00.42)
Carl Guardino and Don Wolf of the Santa Clara County Manufacturing Group, and the Housing
Action Coalition, presented information regarding affordable housing. They stated the need for
housing and methods of financing and distributed literature for the record. Issues of increased traffic,
impact on public services, undesirable community elements, decreased property values and increased
crime were issues discussed and factually dispelled.
SCHEDULE OF PUBLIC HEARINGS (01.01)
Informational report regarding currently scheduled public hearings was received and filed.
COUNTY REFERRALS (02.47)
Motion by Mrs. Benjamin, seconded by Mr. O'Laughlin, that Council approve the following staff
recommendations on County Referrals.
REFERRAL #LOCATION APPLICANT REQUEST RECOMMENDATION
5853 16594 Topping Way Bradley Variance/Special Permit
Approval
5814 South side of Bear Creek Hong Kong Realty EIR None at this time
at Highway 17
Carried unanimously.
COUNCIL CALENDAR OF MEETINGS (03.10)
Informational item presenting future Town Meetings for Council and other Town Boards and
Commissions was received and filed.
PLANNING COMMISSION/PLANNING DEPARTMENT MONTHLY STATUS REPORT (04.47)
Informational report regarding activity of Planning Commission and Department was received and
filed.
PAYROLL RATIFICATION/JULY-AUGUST 1994 (05.V)
Motion by Mrs. Benjamin, seconded by Mr. O'Laughlin, that Council ratify the check register for the
payroll of July 17 through July 30, 1994 paid on August 5, 1994, and July 31 through August 12, 1994
paid on August 19, 1994 in the amount of $422,366.96. Carried unanimously.
ACCOUNTS PAYABLE/RATIFICATION/AUGUST 1994 (06.V)
Motion by Mrs. Benjamin, seconded by Mr. O'Laughlin, that Council ratify the accompanying check
registers for accounts payable invoices paid on July 29, August 2, 5, 12, 19 and 26, 1994 in the total
amount of $967,083.50. Carried unanimously.
AMICUS/KNOTT V. STATE (07.01)
Motion by Mrs. Benjamin, seconded by Mr. O'Laughlin, that Council approve amicus participation
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in Knott v. State, Supreme Court #589053, at no cost to the Town. Carried unanimously.
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A PLACE FOR TEENS/STATUS REPORT (08.44)
Motion by Mrs. Benjamin, seconded by Mr. O'Laughlin, that Council accept report regarding A
Place for Teens construction progress for filing. Carried unanimously.
NATURAL GAS/DISTRIBUTION CENTER/CORPORATION YARD (09.44)
Motion by Mrs. Benjamin, seconded by Mr. O'Laughlin, that Council accept report designating
Service Center facility for compressed natural gas distribution. Carried unanimously.
HISTORIC PRESERVATION/UNLAWFUL DEMOLITIONS (11.15)
Motion by Mrs. Benjamin, seconded by Mr. O'Laughlin, that Council accept informational report for
filing. Carried unanimously.
DEFERRED COMPENSATION/ICMA RETIREMENT CORP/RESOLUTION 1994-134 (12.10)
Motion by Mrs. Benjamin, seconded by Mr. O'Laughlin, that Council adopt Resolution 1994-134
entitled, RESOLUTION OF THE TOWN OF LOS GATOS AMENDING TOWN'S DEFERRED
COMPENSATION PLAN TO INCLUDE ICMA RETIREMENT CORPORATION. Carried
unanimously.
LOS GATOS BOULEVARD/VISION PLAN/PUBLIC FORUMS (13.47)
Motion by Mrs. Benjamin, seconded by Mr. O'Laughlin, that Council approve expenditure of
$15,000 for the planning, advertising, and materials for two public participation forums to be held
October 27 and November 12, 1994. Carried unanimously.
9328 PROJECT/LOS GATOS CREEK TRAIL/RESOLUTION 1994-127 (14.35)
Motion by Mrs. Benjamin, seconded by Mr. O'Laughlin, that Council adopt Resolution 1994-127
entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN
MANAGER TO EXECUTE FIRST AMENDMENT TO AGREEMENT WITH COUNTY OF
SANTA CLARA FOR PARK PROJECT (LOS GATOS CREEK TRAIL). Carried unanimously.
9426 PROJECT/TREE LIGHTING/LOS GATOS ELECTRIC/RESOLUTION 1994-128 (15.35)
Motion by Mrs. Benjamin, seconded by Mr. O'Laughlin, that Council adopt Resolution 1994-128
entitled, RESOLUTION OF THE TOWN OF LOS GATOS TO AUTHORIZE TOWN
MANAGER TO ADOPT RESOLUTION TO EXECUTE AN AGREEMENT WITH LOS
GATOS ELECTRIC TO COMPLETE PROJECT 9426 (DOWNTOWN TREE LIGHTING
RENOVATION). Carried unanimously.
ASPHALT PAVER/NEGOTIATE PURCHASE (16.28)
This item was removed from the agenda.
8805 PROJECT/PARKING LOT 4/GEOMATRIX/REMEDIATION PROJECT
DESTRUCTION OF 13 MONITORING WELLS/RESOLUTION 1994-129 (17.35)
Motion by Mrs. Benjamin, seconded by Mr. O'Laughlin, that Council adopt Resolution 1994-129
entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN
MANAGER TO EXECUTE AN AMENDMENT TO AGREEMENT WITH GEOMATRIX FOR
PARKING LOT 4 REMEDIATION PROJECT MANAGEMENT TO ALLOW FOR THE
DESTRUCTION OF 13 MONITORING WELLS IN AND IN THE VICINITY OF THE
PARKING LOT. Carried unanimously.
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CONSOLIDATED STORM DRAINS/PROJECTS 9309, 9312, 9315, 9316
COMPLETION NOTICE/RESOLUTION 1994-130 (18.35)
Motion by Mrs. Benjamin, seconded by Mr. O'Laughlin, that Council adopt Resolution 1994-130
entitled, RESOLUTION OF THE TOWN OF LOS GATOS ACCEPTING WORK OF PFISTER
EXCAVATING, INC. ON PROJECT 9309, 9312, 9315, AND 9316 - CONSOLIDATED STORM
DRAINS AND AUTHORIZING THE TOWN MANAGER TO EXECUTE CERTIFICATE OF
ACCEPTANCE AND NOTICE OF COMPLETION FOR RECORDING BY TOWN CLERK.
Carried unanimously.
9321 PROJECT/ENERGY CONSERVATION MODIFICATIONS/RESOLUTION 1994-131 (19.35)
Motion by Mrs. Benjamin, seconded by Mr. O'Laughlin, that Council adopt Resolution 1994-131
entitled, RESOLUTION OF THE TOWN OF LOS GATOS APPROVING PLANS AND
SPECIFICATIONS AND AUTHORIZING THE ADVERTISEMENT FOR PROJECT 9321 -
ENERGY CONSERVATION MODIFICATIONS. Carried unanimously.
WOOD ROAD #1/ANNEXATION/RESOLUTION 1994-132 (20.04)
Motion by Mrs. Benjamin, seconded by Mr. O'Laughlin, that Council adopt Resolution 1994-132
entitled, RESOLUTION OF THE TOWN OF LOS GATOS ORDERING THE ANNEXATION
OF CERTAIN UNINHABITED TERRITORY DESIGNATED AS WOOD ROAD #1 TO THE
TOWN OF LOS GATOS. Carried unanimously.
ROOFING MATERIALS/INSTALLATION/ORDINANCE 1988 (21.46)
Motion by Mrs. Benjamin, seconded by Mr. O'Laughlin, that Council adopt Ordinance 1988 entitled,
ORDINANCE OF THE TOWN OF LOS GATOS AFFIRMING FINDINGS OF LOCAL
NECESSITY TO REGULATE ROOFING MATERIALS AND INSTALLATIONS. Carried
unanimously.
VERBAL COMMUNICATIONS
Below Market Price Housing:
Jamie Willmes, 342 Deerwood Crt., Mountain View, spoke of problems selling her BMP unit.
Gregg Ann Herrern, 535 Lasser St., Real Estate Agent for Abigail Co., Los Altos, expressed her
concerns in the management of sales within the BMP program.
Entertainment Ordinance:
Charles Sauers, 1884 Foxworthy, San Jose, requested Council's consideration of the Drummer's
Group to play at The Crow coffee house. Lee Bowman, Planning Director, stated that this subject is
on the Planning Commission agenda for September 14, 1994.
HEARINGS
VEHICLE REPAIR/RESIDENTIAL LOTS/ORDINANCE CONSIDERATION (22.47)
Mayor Attaway stated that this was the time and place duly noted for public hearing to consider
introducing ordinance amending Section 29.10.020 and adding Section 29.40.038 of the Town Code to
add definition of categories of vehicle repair and add restrictions concerning the repair of vehicles on
residential lots. This matter will not have a significant impact on the environment and is therefore
exempt from the requirements of the California Environmental Quality Act. Zoning Ordinance
Amendment A-94-3. Applicant: Town of Los Gatos.
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HEARINGS CONTINUED
VEHICLE REPAIR CONT.
Mr. Blanton excused himself from the podium and noted that he would not be participating in the
decision of this item due to a conflict of interest.
The following people from the audience addressed this item:
Bill Quigley, 103 Belridge Drive, submitted a proposal for the writing of the new vehicle repair
ordinance. He read the proposal into the record.
Jose Mass, 213 Gregg Drive, an antique car hobbyist, asked that concerns for the people who repair
automobiles at home as a hobby and not as a profession be given consideration to pursue their hobby
without undue restrictions.
No one else from the audience spoke to this issue.
Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, to continue this item to October 3, 1994.
Carried by a vote of 4 ayes. Mr. Blanton absent.
ACCESSIBILITY COMPLAINT POLICY (10.28)
Jim Lewis, 156 Vista del Monte, spoke of the informative report and the dedicated work being done
by Building Services.
John Lien, 196 College Ave, agreed that the process for addressing accessibility complaints was
working well.
Carl Cilker, 1631 Willow Street, San Jose, supported the comments previously made.
Scott Baker, Building Services Director, noted that the Appeals Board would be meeting September
24, 1994, at 9 a.m. in Room 214 of the Neighborhood Center to convene a meeting of the ADA
Subcommittee.
Motion by Mrs. Lubeck, seconded by Mr. O'Laughlin, that Council accept and file report on
accessibility complaint process. Carried unanimously.
LANDSCAPE MAINTENANCE/ROUTE 85/RESOLUTION 1994-133 (23.40)
Motion by Mrs. Benjamin, seconded by Mr. Blanton,that Council adopt Resolution 1994-133
entitled, RESOLUTION OF THE TOWN OF LOS GATOS TO AUTHORIZE TOWN
MANAGER TO ADOPT RESOLUTION TO EXECUTE AN AGREEMENT WITH SANTA
CLARA COUNTY TRAFFIC AUTHORITY TO ADMINISTER ROUTE 85 LANDSCAPING
ON TOWN STREETS. Carried unanimously.
PARKING REQUIREMENTS DOWNTOWN/REQUESTS FOR ADDITIONAL SEATING (24.40)
Jack Holmes, 6349 Cripple Hill Drive, San Jose, owner of the Crow Coffeehouse, 442 Elm St., asked
for consideration to increase seating in his establishment.
Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, that Mr. Holmes return to the Business
Community to reach a consensus from that community on how the seating and parking ratio be
handled. That Mr. Block return to the Parking Commission to look at his problem regarding little
parking for his building and obtain a recommendation from the Parking Commission. Carried
unanimously.
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ROUTE 85 CELEBRATION/FUNDING THE EVENT (25.40)
Motion by Mrs. Benjamin, seconded by Mr. O'Laughlin, that Council authorize the transfer of
$4,000 from Account 1010-52000(Council Fringe Benefits) to 4010-60005(Project Celebrate) for the
opening of Route 85 Celebration. Carried unanimously.
CONGESTION MANAGEMENT AGENCY CITIZENS ADVISORY COMMITTEE (26.20)
Council consensus to nominate Brent Ventura for the Congestion Management Agency Citizens
Advisory Committee assuming he is willing to accept the position, and encourage any other citizen
who is interested, to apply before September 16, 1994. Carried unanimously.
COUNCIL COMMITTEES
Mayor Attaway noted that the, Joint General Plan Meeting with Saratoga, Monte Sereno, and Los
Gatos between Councils and Planning Commissions, will be held Monday, September 12, 1994, at 7
p.m., with the County and its Planning Department on the County's revised General Plan. This
meeting will be held in the conference room at the Saratoga City Hall. The meeting will be posted in
Los Gatos so that the public knows that Council will be attending this meeting in Saratoga. Decisions
will not be made at this presentation and so it cannot be a violation of the Brown Act.
ADJOURNMENT
Motion by Mrs. Benjamin, seconded by Mr. Blanton, that this evening's meeting be adjourned at
9:44 p.m. Carried unanimously.
ATTEST:
Marian V. Cosgrove
Town Clerk
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