M 03-20-95TOWN OF LOS GATOS
CALIFORNIA
TOWN COUNCIL/PARKING AUTHORITY
March 20, 1995
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, March 20, 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.
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 54957 to discuss Town Employment
Contract. The Town Manager's contract was discussed and appears as an item on this evening's
agenda.
BOARD OF APPEALS/APPOINTMENT (00.20)
Mayor O'Laughlin announced that two applications had been received from Shawn Arnold and Warren
Jacobsen for one vacancy on the Board of Appeals. Mr. Arnold withdrew his application before the
meeting. Voting was held and Warren Jacobsen was reappointed to a term ending January 1, 1997.
PARK COMMISSION/APPOINTMENTS (000.20)
Mayor O'Laughlin announced that three applications had been received from Judith Howell, April
Maiten and Des Wytmans for two vacancies on the Park Commission. Voting was held and Judith
Howell and Des Wytmans were appointed to terms ending April 1, 1999.
CALIFORNIA ENERGY COMMISSION/PRESENTATION (XXX.26)
"OUTSTANDING ENERGY ACHIEVEMENT IN LOCAL GOVERNMENT"/AWARD
Mayor O'Laughlin introduced Scott Matthews, Division Chief and Brad Meister, Project Manager of
the California Energy Commission who presented the "Outstanding Energy Achievement Award in
Local Government" to the Town of Los Gatos. Mayor O'Laughlin received the award and thanked the
Energy Commission for the honor.
Scott Baker, Director of Building and Engineering Services, presented a check for $23,700 from
P.G.& E. for a rebate on the energy conservation program that the Town has implemented.
SCHEDULE OF PUBLIC HEARINGS (01.01)
Informational report regarding currently scheduled public hearings was received and filed.
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COUNTY REFERRALS (02.46)
Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, recommendation on County referral as
follows: Project Outside the Urban Service Area; Referral #3690; 18500 Lime Kiln Canyon Road;
Applicant, West Coast Aggregates; Request modification; Staff recommends approval of one request
and denial of one request. Carried unanimously.
PAYROLL RATIFICATION/FEBRUARY 1995 (03.V)
Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, that Council ratify the check register for the
payroll of February 12 through February 25, 1995 paid on March 3, 1995 in the amount of
$209,524.10. Carried unanimously.
ACCOUNTS PAYABLE/RATIFICATION/MARCH 1995 (04.V)
Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, that Council ratify the accompanying check
registers for accounts payable invoices paid on March 3 and 10, 1995 in the amount of $306,324.63.
Carried unanimously.
MINUTES OF MARCH 6, 1995 (05.V)
Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, that Council approve the Minutes of March 6,
1995 as submitted. Carried unanimously.
TREASURER'S REPORT (06.V)
Informational report of Town's investment activities through the month of January 1995 was received
and filed.
SKATEBOARDING/IN-LINE SKATING/ROLLER SKATING (07.46)
Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, that Council accept the status report on
ordinance regulating skateboarding, in-line skating and roller skating. Carried unanimously.
TREE CITY U.S.A./15TH YEAR/AWARD (09.26)
Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, that Council accept report regarding the
designation of Los Gatos as "Tree City U.S.A." by the Department of Forestry for the 15th
consecutive year and setting April 3, 1995 as the date to accept this award. Carried unanimously.
CLAIM REJECTION/BLACKWELL BROTHERS DEVELOPMENT (10.01)
Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, that Council reject the claim of Blackwell
Brothers Development, Blackwell Homes, Time Blackwell, Greg Blackwell, and Greg Blackwell for
indemnity for lawsuit brought by John and Dianne Lien. Carried unanimously.
BUDGET TRANSFERS/CONTRACT/PLAN CHECK SERVICES (11.06)
Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, that Council approve Building and
Engineering Department transfer of $9,000. $3,500 from account 3430-52000 and $5,500 from
account 3430-51107 to account 3430-61004 for contract plan check services. Carried unanimously.
AMICUS BRIEF/DESHETRES V. SGT. STEEN/U.S. COURT OF APPEALS (12.01)
Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, that Council approve amicus participation in
Deshetres v. Sgt. Steen, U.S. Court of Appeals for the Ninth Circuit 94-16912, at no cost to the Town.
Carried unanimously.
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TREE PRUNING/BID AWARD/9432 PROJECT/RESOLUTION 1995-35 (13.35)
Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, that Council adopt Resolution 1995-35
entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING TOWN
MANAGER TO EXECUTE AN AGREEMENT WITH ARBOR CARE TO COMPLETE
PROJECT 9432 - TREE PRUNING AND REMOVAL. Carried unanimously.
ENERGY CONSERVATION MODIFICATIONS/GENERAL LIGHTING SERVICES
9321 PROJECT/RESOLUTION 1995-36 (14.35)
Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, that Council adopt Resolution 1995-36
entitled, RESOLUTION OF THE TOWN OF LOS GATOS ACCEPTING WORK OF
GENERAL LIGHTING SERVICES PROJECT 9321 - ENERGY CONSERVATION
MODIFICATIONS AND AUTHORIZING THE TOWN MANAGER TO EXECUTE
CERTIFICATE OF ACCEPTANCE AND NOTICE OF COMPLETION FOR RECORDING
BY TOWN CLERK. Carried unanimously.
TELECOMMUNICATIONS/SANTA CLARA COUNTY/RESOLUTION 1995-37 (16.29)
Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, that Council adopt Resolution 1995-37
entitled, RESOLUTION OF THE TOWN OF LOS GATOS APPROVING AND ENDORSING
SANTA CLARA COUNTY JOINT TELECOMMUNICATIONS GROUP POSITION PAPER:
PENDING FEDERAL TELECOMMUNICATIONS LEGISLATION. Carried unanimously.
NEWSRACK REGULATIONS/PUBLIC RIGHT-OF-WAY/ORDINANCE 1995 (17.05)
Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, that Council re-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, which was introduced on February 21, 1995, with public comment
received at that time, and was adopted by Council March 6, 1995. Carried unanimously.
PLANNING COMMISSION DECISIONS/REVIEW STANDARD/ORDINANCE 1996 (18.47)
Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, that Council re-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, which was introduced on February 21, 1995, with public comment received at
that time, and was adopted by Council March 6, 1995. Carried unanimously.
VERBAL COMMUNICATION
Highway 17 Rail Study:
Jo Bartlett, 166 Oak Hill Way, asked about the Highway 17 Rail Study, noting that it had been
studied before and that that committee had reached the same conclusions. They had suggested
improvements but recommended against any major expensive project.
The Health Place:
Caroline Clevehammer, 1 Washington Square, San Jose, representing the Health Place, thanked
Council for budget consideration for the frail and elderly that this service provides for. She noted
overall funding cuts and the need for the Town's continued support.
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HEARINGS
BELLA VISTA AVE 337/SINGLE-FAMILY RESIDENTIAL/APPEAL (19.09)
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 R-M: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 people from the audience spoke to this issue.
Paul Derania, Counsel for the Bella Vista Partnership, and Gary Mountain, addressed three issues:
should the denial be with or without prejudice; should the denial be more a procedural matter than a
substantive one; should a refund of fees be granted or should the fees be remain on the books and be
applied to any fees required should the project resume in the future.
Larry Anderson, Town Attorney, stated that the project could be refiled ninety-one days from this
hearing without prejudice.
Rick Melzig, 340 Bella Vista Ave., neighbor to the project, read a letter into the record and submitted
the letter delineating reasons for the Council to deny the project.
Richard Belding, 420 Alberto Way #32, spoke for the Homeowners Association, and asked that
Council uphold the Planning Commission's decision and deny the application.
No one else from the audience addressed this issue.
Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council close the public hearing. Carried
unanimously.
Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, that Council uphold the Planning
Commission's decision and deny the application without prejudice due to lack of progress on the
project, and citing findings as delineated in the staff report. Carried unanimously.
Council Consensus that staff investigate the cost of processing this application and return to Council
April 17, 1995 with a report determining whether a portion no greater than 40% of the application fee
will be returned; and Council determined that it would not hold application fee to such time as the
project may resume.
COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING/RESOLUTION 1995-38 (20.19)
Mayor O'Laughlin stated that this was the time and place duly noted for public hearing to consider
adopting resolution allocating Fiscal Year 1995-96 Community Development Block Grant Funds to
the Town.
Presentation by Regina Falkner, Community Services Director, giving a summary of the funding
process and the roll the Community Services Commission plays in reviewing the applications .
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HEARINGS CONTINUED
COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING CONT:
Jack Neal, Chairman of the Evaluations Subcommittee for the Community Services Commission.
Spoke of the review of the agency applications which were submitted for grant allocations. The
committee suggested funding the same agencies as last year on a pro rata basis considering the
reduction in grant monies the Town receives. In anticipation of receipt of additional funding the grant
would be divided among the agencies.
The following people from the audience spoke to this issue:
Jo Bartlett, 166 Oak Hill Way, spoke of the need for affordable housing in Town and of the possible
locations for this housing. She mentioned that Open Doors has money to allocate.
Judy Nesbaum, Emergency Housing Consortium, 440 N. 1st St., San Jose, spoke of the funding
received from the County and other municipalities.
Caroline Clevehammer, 1 Washington Square, San Jose, spoke regarding the Health Place, supported
by the San Jose State University Foundation.
Leta Freidlander, Live Oak Adult Day Care Services, asked for additional funding for Community
Services' human services programing. Spoke of the overall reductions in funding and the need for the
Town's continued support.
Donna Dominico, Catholic Charities Ombudsman Program, spoke for the 1,386 Senior Citizens in
rest homes in Los Gatos.
Jean Naperson, Second Harvest Food Bank, 750 Curtner Ave., San Jose, spoke of the food
distributed to needy families in Los Gatos.
Jim Lewis, 156 Vista Del Monte, spoke regarding the ADA allocations, the requirements of the law,
and the need for additional funding to implement ADA requirements.
No one else from the audience addressed this issue.
Motion by Mr. Attaway, seconded by Mrs. Benjamin, that Council close the public hearing. Carried
unanimously.
Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, that Council adopt Resolution 1995-38
entitled, RESOLUTION OF THE TOWN OF LOS GATOS ALLOCATING COMMUNITY
DEVELOPMENT BLOCK GRANT FUNDS TO THE TOWN OF LOS GATOS FOR FISCAL
YEAR 1995-96, in accordance with the Community Services Commission's recommendations.
Carried unanimously.
A PLACE FOR TEENS (21.42)
Council accepted and filed report on A Place For Teens which addressed the Teens' full compliance
with insurance requirements. Mr. Blanton asked about the feasibility of relinquishing this property to
the High School due to liability considerations. Other Councilmembers noted that the building and
property are valuable assets to the Town.
Dru Barth, 18237 Constitution Ave., Monte Sereno, thanked Council for its continued support and
noted the full insurance coverage now held by A Place for Teens.
BIG BOX RETAIL/ORDINANCE AMENDMENT (22.46)
Council accepted and filed report that Council should not initiate a Zoning Ordinance Amendment to
require a Conditional Use Permit for "Big Box Retail" establishments.
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FALSE ALARM PROCEDURES/ORDINANCE INTRODUCTION (23.46/09)
The 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.
Motion by Mrs. Lubeck, seconded by Mr. Attaway, that Council introduce Draft Ordinance entitled,
ORDINANCE OF THE TOWN OF LOS GATOS AMENDING SECTIONS 14.50.090 AND
14.50.105 TO ENHANCE THE APPEAL PROCEDURES FOR FALSE ALARMS. Carried
unanimously.
FARMER'S MARKET REGULATIONS/ORDINANCE INTRODUCTION (24.46/05)
The Town Clerk read the Title of the Draft Ordinance.
Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council waive the reading of the Draft
Ordinance. Carried unanimously.
Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council introduce Draft Ordinance entitled,
ORDINANCE OF THE TOWN OF LOS GATOS AMENDING SECTION 14.100.020(d) OF
THE TOWN CODE REGULATING SPECIAL EVENT PERMITS. Carried unanimously.
RESIDENCY REQUIREMENTS/BOARDS & COMMISSIONS/ORDINANCE INTRO (25.46/20)
Council discussed the need of requiring applicants for boards and commissions to be registered voters
in the Town. Mr. Blanton was the only councilmember to feel strongly about this being a civic duty
which should be expected of applicants participating in their local government.
The Town Clerk read the Title of the Draft Ordinance.
Motion by Mrs. Lubeck, seconded by Mrs. Benjamin, that Council waive the reading of the Draft
Ordinance. Carried unanimously.
Motion by Mrs. Lubeck, seconded by Mrs. Benjamin, that Council introduce Draft Ordinance,
received as the amended desk item and entitled, ORDINANCE OF THE TOWN OF LOS GATOS
AMENDING SECTIONS 2.40.010, 2.40.015 AND 2.40.020 OF THE TOWN CODE TO
ESTABLISH COUNCIL AUTHORITY TO REQUIRE RESIDENCY IN TOWN FOR
MEMBERS OF TOWN BOARDS AND COMMISSIONS. It was also noted that a resolution will
follow the adoption of this Ordinance. Carried unanimously.
TOWN MANAGER/LETTER OF AGREEMENT/RESOLUTION 1995-39 (15.10)
The following person from the audience spoke to this issue:
Andrew Palmisano, 702 More Ave., spoke regarding the cost to the taxpayers for increased salaries
and to his objection of the consideration of a utility tax.
Council Comments:
Mayor O'Laughlin summarized Council's support and appreciation of the manager's performance and
leadership during a time of limited resources and severe financial constraints.
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TOWN MANAGER CONT.
Motion by Mrs. Lubeck, seconded by Mayor O'Laughlin, that Council adopt Resolution 1995-39
entitled, RESOLUTION OF THE TOWN OF LOS GATOS AMENDING LETTER OF
AGREEMENT BETWEEN THE TOWN OF LOS GATOS AND TOWN MANAGER. Carried
unanimously.
MID-YEAR BUDGET REPORT (08.06)
Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council accept the Mid-Year Budget Report
FY 1994-95, authorizing certain budget adjustments including Transfer from Accrued Compensated
Absences and Transfer from PERS but not allowing for Transfer from the Reserve for Economic
Uncertainty. Expenditure reductions proposed by the Town Manager, including a hiring freeze,
further restrictions on overtime, travel, training, materials and equipment purchase should be used
before the reserve for Economic Uncertainty. Carried unanimously.
COUNCIL COMMITTEE REPORTS (26.10)
Joanne Benjamin spoke of the Santa Clara County Citizens Association that met with Tom Campbell
regarding the Housing Bill. This bill addresses affordable housing and the transferring of funds from
one community to another community that is prepared to do affordable housing. The ABAG figures
would also be revised downward. This would be done to try to assist with the jobs-housing imbalance
and additional traffic that exists in some communities.
ADJOURNMENT
Motion by Mr. Blanton, seconded by Mrs. Benjamin, that this evening's meeting be adjourned at
9:52 p.m. Carried unanimously.
ATTEST:
Marian V. Cosgrove
Town Clerk
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