M 03-06-95TOWN OF LOS GATOS
CALIFORNIA
TOWN COUNCIL/PARKING AUTHORITY
March 6, 1995
Minutes
TOWN COUNCIL
The Town Council/Parking Authority of the Town of Los Gatos met in the Council Chambers
of the Town Hall, 1 10 East Main Street, at 7:37 p.m., Monday, March 6, 1995, in regular
session.
ROLL CALL
Present:Randy Attaway, Joanne Benjamin, Steven Blanton,
Linda Lubeck and Mayor Patrick O'Laughlin.
Absent: None.
PLEDGE OF ALLEGIANCE
Given by all in attendance.
COMMUNITY SERVICES COMMISSION/PAUL DU BOIS/APPOINTMENT (00.20)
Mayor O'Laughlin announced that one application had been received from Paul DuBois for
one vacancy on the Community Services Commission. Voting was held and Paul DuBois
was appointed to a term ending January 1, 1998.
LORD MAYOR OF DUBLIN/JOHN GORMLEY
CITY MANAGER OF DUBLIN/FRANK FEELY/PRESENTATIONS FROM IRELAND (000.20)
Mayor O'Laughlin introduced The Lord Mayor of Dublin, John Gormley and his wife Penny
Stewart, and the City Manager of Dublin, Frank Feely and Councilwoman Mary Freehill. Mayor
O'Laughlin presented Proclamations to both the Lord Mayor and the City Manager and Mr.
Gormley and Mr. Feely greeted our community and welcomed everyone who would care to enjoy
visiting their country, Ireland. They expressed pleasure in being able to visit Los Gatos and enjoy
our community's hospitality and commented on our democratic process.
CLOSED SESSION
Larry Anderson, Town Attorney, reported that Council had met in Closed Session following
the February 21, 1995 meeting to continue discussion of the Town Manager's employment
contract pursuant to Government Code Section 54957, and continued that discussion to this
evening's Closed Session.
Pursuant to Government Code Section 54956.9(a), Pending Litigation, pertaining to
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Mohamed Poonia, Trustee v. Town of Los Gatos, Adversary Proceeding 94-5524-ASW,
which is a Bankruptcy Action regarding Los Gatos Lodge, Inc., Case 92-57143-ASW. This
item concerns past due transient occupancy tax collection. Instruction from Council was
received by the Attorney on how to proceed in this matter.
Pursuant to Government Code Section 54957 to discuss Town Employment Contract. The
Town Manager's contract was discussed and will continue to the following meeting for
conclusion, and Item 15 on this evening's agenda will be removed and be continued to the
March 20, 1995 agenda.
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SCHEDULE OF PUBLIC HEARINGS (01.01)
Informational report regarding currently scheduled public hearings was received and filed.
PLANNING COMMISSION/PLANNING DEPARTMENT MONTHLY STATUS REPORT (02.47)
Informational report regarding activity of Planning Commission and Department was
received and filed.
COUNCIL CALENDAR OF MEETINGS (03.10)
Informational item presenting future Town Meetings for Council and other Town Boards and
Commissions was received and filed.
PAYROLL RATIFICATION/FEBRUARY 1995 (04.V)
Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council ratify the check register for
the payroll of January 29 through February 11, 1995 paid on February 17, 1995 in the
amount of $211,571.28. Carried unanimously.
ACCOUNTS PAYABLE/RATIFICATION/JANUARY 1995 (05.V)
Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council ratify the accompanying
check registers for accounts payable invoices paid on February 17 and 24, 1995 in the
amount of $421,426.23. Carried unanimously.
MINUTES OF FEBRUARY 21,1995 (06.V)
Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council approve the Minutes of
February 21, 1995 as submitted. Carried unanimously.
PARR AVENUE/MEETING WITH/CAMPBELL & LOS GATOS (07.09)
Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council accept the report regarding
a meeting of City of Campbell staff and Town staff with residents of Parr Avenue. Carried
unanimously.
CLAIM REJECTION/RICHARD SERRATO (08A.01)
Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council reject the claim of Richard
Serrato for alleged personal injuries occurring on October 1, 1994. Carried unanimously.
CLAIM REJECTION/DENISE HENLINE (08B.01)
Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council reject the claim of Denise
Henline for alleged property loss occurring on January 26, 1995. Carried unanimously.
AMICUS BRIEF/CITIZENS FOR A BETTER ENVIRONMENT/UNION OIL (09.01)
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Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council authorize the Town
Attorney to include the Town of Los Gatos as an amicus curiae in the case of Citizens for a
Better Environment v. Union Oil Co. of California, Ninth Circuit Court of Appeals, case 95-
15139, at no cost to the Town. Carried unanimously.
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LASER JET PRINTERS/PURCHASE (10.28)
Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council authorize Town Manager to
execute purchase order of $14,500 with Computer Biz and authorize budget transfers from
the Equipment Replacement Fund and various department accounts for the purchase of 2
HP Laser Jet 4 Plus Printers and 4 HP Laser Jet 4M Plus printers and accessory trays for a
total cost of $14,500 and services of $770 for the new printers to be brought on-line with the
Town's network. Carried unanimously.
NATURAL GAS CONVERSION KITS/EQUIPMENT PURCHASE/RESOLUTION 1995-31
(11.28) Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council adopt Resolution
1995-31 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING TOWN
MANAGER TO EXECUTE AGREEMENT WITH CARDINAL AUTOMOTIVE FOR PURCHASE
AND INSTALLATION OF NATURAL GAS CONVERSION KITS. Carried unanimously.
LIBRARY CIRCULATION DESK/SECURITY SYSTEM (12.44)
Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council approve transfer of $21,516
from account 4473-R77005-473CLCPT to account 4473-77611 ($12,000) -to purchase a
new security system and to account 4473-77610 ($9,516) to purchase a new circulation
desk. Carried unanimously.
ECONOMIC DEVELOPMENT/JOINT VENTURE:SILICON VALLEY/RESO 1995-32 (13.05)
Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council adopt Resolution 1995-32
entitled, RESOLUTION OF THE TOWN OF LOS GATOS SUPPORTING A REGIONAL
ECONOMIC DEVELOPMENT STRATEGY AND COMMENDING THE EFFORTS OF THE
ECONOMIC DEVELOPMENT TEAM OF JOINT VENTURE: SILICON VALLEY. Carried
unanimously.
LIBRARY MATERIALS/SELECTION POLICY (14.44)
Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council adopt the Library materials
selection policy. Carried unanimously.
TOWN MANAGER/LETTER OF AGREEMENT (15.10)
This item was removed from the agenda as noted in the Closed Session report.
SANTA CRUZ AVE N 335/APPEAL DENIAL/RESTAURANT/RESOLUTION 1995-33 (16.09)
Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council adopt Resolution 1995-33
entitled, RESOLUTION OF THE TOWN OF LOS GATOS REPORTING DENIAL OF APPEAL
OF PLANNING COMMISSION DECISION TO DENY A REQUEST TO ESTABLISH A
RESTAURANT WITHIN AN EXISTING BUILDING, TO HAVE OUTDOOR SEATING,
AND THE SALE OF BEER AND WINE IN THE C-2 ZONE; CONDITIONAL USE PERMIT
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APPLICATION U-94-76. PROPERTY LOCATED AT 225 N. SANTA CRUZ AVE.
PROPERTY OWNER. DORETHEA WOODS REVOCABLE TRUST. APPLICANT, PETER
COOPERSTEIN, and adding a sentence regarding the absence of a loading zone to the end
of paragraph nine. Carried by a vote of 4 ayes. Mayor O'Laughlin abstained.
Noted by Council was the desk item and Mr. Attaway requested that the tapes of the hearing
be sent to the applicant's attorney.
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PUBLIC WORKS INSPECTION/CAMPBELL CITY CONTRACT/RESOLUTION 1995-34 (17.28)
Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council adopt Resolution 1995-34
entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE MANAGER TO
ENTER INTO AN AGREEMENT PROVIDING CONTRACT PUBLIC WORKS INSPECTION FOR
THE CITY OF CAMPBELL. Carried unanimously.
NEWSRACK REGULATIONS/PUBLIC RIGHT-OF-WAY/ORDINANCE 1995 (18.05)
Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council adopt Ordinance 1995
entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING CHAPTER 23 OF THE
TOWN CODE REGULATING NEWSRACKS LOCATED ON OR PROJECTING INTO THE
PUBLIC RIGHT-OF-WAY. Carried unanimously.
PLANNING COMMISSION DECISIONS/REVIEW STANDARD/ORDINANCE 1996 (19.46)
Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council adopt Ordinance 1996
entitled,
ORDINANCE OF THE TOWN OF LOS GATOS AMENDING SECTIONS 29.20.295 AND
29.20.300 OF THE TOWN CODE TO REVISE THE STANDARD OF REVIEW TO BE USED
BY THE TOWN COUNCIL ON APPEALS OF PLANNING COMMISSION
DETERMINATIONS. Carried unanimously.
HEARINGS
BELLA VISTA AVE 337/SINGLE-FAMILY RESIDENTIAL/APPEAL (20.09)
Mayor O'Laughlin stated that this was the time and place duly noted for public hearing to
consider an appeal of a Planning Commission decision to deny a request for a General Plan
amendment to modify the vehicular traffic trip allocation from the Alberto Way Basin Area
and a Zone Change from R-1:8000 (Single-family residential, 8,000 sq. ft. minimum lot size)
to RM:5-12-PD (multiple-family residential, 5-12 dwelling units per net acre-planned
development) to permit the construction of eight detached single-family residential structures
on approximately 1.4 acres of property. Negative Declaration Application ND-92-1. General
Plan Amendment Application GP-92-6. Zone Change Application Z-92-6. Applicant, Bella
Vista Gardens, Richard Belding, Paragon Design Group. Appellant, Gary Mountain.
Property Located at 337 Bella Vista Ave.
The following person spoke to this issue regarding a continuance for several weeks for
technical reasons:
Paul Derania, Counsel for the Bella Vista Partnership, addressed three issue: should the
appeal be granted or denied; should a refund be given; should the denial be with or without
prejudice.
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The following people spoke against this development. The majority of the speakers were
residents and owners of units in the Pueblo de Los Gatos development.
Richard Belding, 420 Alberto Way #32, spoke for the Homeowners Association,
Sam Polverino, 420 Alberto Way #13,
David Jones, 420 Alberto Way #52,
N.J. Carlson, 443 Alberto Way #224 B, Los Gatos Commons representative,
Rick Melzig, 340 Bella Vista Ave.,
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HEARING CONTINUED
BELLA VISTA AVE 337 CONT.
Speakers continued:
Stephenie Olson, 420 Alberto Way,
Robert Robles, 420 Alberto Way #47,
Marsha DeLong, 420 Alberto Way #27,
Jane Bishop, 134 Lu Ray Drive, owner of unit #41 of Pueblo de Los Gatos
Willard Sorensen, 420 Alberto Way #19,
Concerns mentioned were: denial of the application; noted decision of the homeowners in
1992; do not want the condominium driveway used for access to the proposed development
due to safety issues; the vehicular trip allocations from the Alberto Way basin area needs
additional review; the 18' wide driveway, bounded by cement block walls, to the proposed
site was designed for a single family residence not a multi-family development; concerns
stated regarding the length of time the project will be tied up in litigation before Council will -
take action on it; water supply in event of fire emergency was noted in regards to the
increase of multi-family residents. No one else from the audience addressed this issue.
Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council continue this item for
two weeks to March 20, 1995, and invite the public and applicant to attend, at which time a
decision will be made. Carried unanimously.
SMOKING ORDINANCE/SUGGESTED AMENDMENT (21.46)
Mayor O'Laughlin stated that this was the time and place duly noted for Council to consider
report on proposal to amend the Smoking Ordinance.
Mr. Anderson, Town Attorney, noted that the State Law, AB13, preempted most local control
over smoking. The State took most of the strong elements of local smoking laws and
adopted them as state law. No city can allow less smoking control than state law. This is an
employment protection issue, not a consumer protection issue. The Health and Safety Code
of the State of California is now the law which our code enforcement officer is upholding.
Bars and taverns were left open until January 1, 1997. Smoking outside was also left open.
The following people from the audience spoke against amending the Town's present
Smoking Ordinance:
Patricia Lynn Gordon, 210 Rushmore Lane #8, works at the Last Call, and is a non-
smoker. She submitted petitions to Council.
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Robert Jacobs, 323 Geary St #611, San Francisco, 94102, Director of the Northern
California Tavern and Restaurant Association.
Kathryn Sprague, 14685 Oka Road, asked for the opportunity to have a few locations she
can go to that allow smoking.
Kristin Jordan, 236 N. Santa Cruz Ave. #236, noted that workers in bars would even be
willing to sign a document stating that they are aware of the dangers associated with working
in a smoke filled environment.
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SMOKING ORDINANCE CONT.
Speakers continued:
James Di Benedetto, 102 S. Santa Cruz Ave.,/# 1 Broadway, spoke of the impact on
business for the six stand alone bars in Los Gatos.
Steve Anzalone, 16381 E. La Chiquita, Los Gatos/141k N. Santa Cruz Ave., representing
The Black Watch, submitted 37 pages of signed petitions for the record.
Andrew Palmisano, 702 More Ave., speaking as a non smoker, noted that there were non -
smoking bars and restaurants he could frequent and that he would not go to the smoking
facilities but felt that they should be allowed their smoking status for those people who did
choose to smoke and had no other location to go now that nearly every facility has been
made smoke free.
The following person from the audience spoke in favor of the Ordinance amendment:
Dr. David Weissman, 15431 Francis Oaks Way, spoke of the petition presented to Council
in March of 1994 signed by over 100 physicians requesting a complete smoking ban in the
Town of Los Gatos. Asked that Council complete the process that it began four years ago.
No one else from the audience addressed this issue.
Council Comments:
Mr. Attaway was not in favor of making this issue a public hearing, noting he was not a
smoker, and stating he did not consider smokers second class citizens. He supported the
original ordinance and is proud of how well it is working. There is now a freedom of choice
for all as to where they go, and government has provided some safe choices for smokers
and non-smokers alike.
Mr. Blanton spoke for the citizens that had signed the petition asking for a revision in the
Smoking Ordinance. Noted that the arguments heard tonight were the same heard in 1991
and the ordinance that was passed then has worked well for everyone. He stated that there
was enough interest on both sides of the issue to warrant a hearing on the subject.
Mayor O'Laughlin felt that this was a community issue generating a great deal of interest and
warranted a public hearing.
Mrs. Benjamin was not in favor stating that by the time our ordinance could take affect and
be enforced under the limited resources available, the state law will be in affect and take
precedence and affect all businesses equally. Work places, public places and restaurants
are a concern because everyone frequents them, and everyone including children are
affected. If the state law does not pass in two years than the Town can reconsider the issue.
Would prefer to expend resources on prevention of young people taking up smoking then on
those people who are established smokers. These comments were seconded by Mrs.
Lubeck.
Motion by Mr. Blanton, seconded by Mayor O'Laughlin, to set a public hearing on
amendments to the Smoking Ordinance. Mrs. Benjamin, Mrs. Lubeck and Mr. Attaway voted
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no. Motion failed with 2 ayes and 3 noes.
PARKING/DOWNTOWN GARAGE/WILLIAM BACCHI/$200,000 CONTRIBUTION (22.42)
Mr. Linder, Assistant Town Manager, explained that Mr. Bacchi had made a presentation of
$200,000. Mr. Linder presented to Council various ways they could accept this contribution
toward additional downtown parking without the Town using any of its general fund.
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PARKING CONTINUED
The contribution is a conditional grant which would be attached to a mutually beneficial
agreement addressing how the Town would receive and expend the grant.
Consensus of Council that an agreement be made with Mr. Bacchi delineating the terms of
the grant; that staff do a financial analysis of a parking structure project; that a report on in-
lieu fees be done to see how much could be raised with that method; that no expenditure be
made on plans and studies until Council considers the feasibility of the report July 17, 1995.
The following people from the audience spoke to this issue:
William Bacchi, 236 N. Santa Cruz Ave., Suite #105, Eureka Bldg., spoke of the resources
and personal commitment he will donate to the parking improvement project. He noted that
two neighboring property owners had pledged their personal property to this project which is
of a value far greater than his monetary contribution.
Rex Morton, 51 University Ave., Suite I, Parking Commission Chair, spoke of a new
parking structure and the approximately 4.5 million it would cost. He spoke of the different
needs of employees and customers in regards to parking. He dedicated the time of the
Parking Commission to work on the feasibility study, community organization and attainment
of such a project. Meetings of twice a month or more were suggested if Council concurs on
the advisability of pursuing this concept. A date of July 17, 1995 was suggested as a date to
report back to Council with a feasibility report and suggested implementation schedule. He
spoke of Lot 2 being the one lot with the most potential for an economically viable number of
parking spaces.
Theodore Hebert, 114 Dardanelli #20, Parking Commissioner, spoke of the in-lieu fee
program, the funds already available in that program and the willingness of the Parking
Commission to dedicate themselves to assisting and implementing the processes necessary
to initiate a program which has the potential of being successful. A project establishing a
sufficient number of attractive and conveniently accessible locations would be considered a
profitable and successful undertaking for our community.
Kristin Jordan, 236 N. Santa Cruz Ave., an employee of the "The Proccessing
Department", spoke as the Chamber representative of the need of small businesses for
adequate parking in the downtown area. She noted the six parking tickets she had received
last month and alluded to the fact that she could handle that cost if she could be assured of
additional forthcoming parking accommodations.
No one else from the audience addressed this issue.
Council consensus: Thanked Mr. Bacchi for his generous offer. Agreed that one of the
Town's primary needs is additional parking. Noted that the grant offered tonight is only 5%
of the total cost for the suggested facility. Council requested a secure financial proposal
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which would include others who will commit themselves generously to the support of this
proposal at their own level of financial ability. Requested that the Parking Commission work
with supporters in the community and define the financial commitment that they will have so
as to proceed with the suggested facility. Asked that in-lieu fees be studied and itemized as
a portion of the over all financing. To investigate the refinancing of the current parking
assessment district or the formation of a new assessment district to facilitate parking in the
Downtown Area. To return to Council with a viable economic plan to finance an improved
parking district by July 17, 1995.
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COMMITTEE REPORTS
Town Plaza Blue Ribbon Committee:
Mayor O'Laughlin noted that Norbett Witt and Anne White had been nominated for the Blue
Ribbon Town Plaza Committee. Other nominations from Council should be submitted to the
Mayor.
ADJOURNMENT
Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, that this evening's meeting be
adjourned at 9:37 p.m. Carried unanimously.
ATTEST:
Marian V. Cosgrove
Town Clerk
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