M 11-06-95TOWN OF LOS GATOS
CALIFORNIA
TOWN COUNCIL/PARKING AUTHORITY
November 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, 110 East Main Street, at 7:35 p.m., Monday, November 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.
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 54956.9(c) (Initiation of Litigation) to
discuss a request to authorize litigation for breach of contract by Brian Johst. Council instructed
attorney on its concerns.
Pursuant to Government Code Section 54956.9(b) (1) (Anticipated Litigation - One Potential Case)
after conference with Town Attorney, Council gave instructions on its concerns.
TOWN EMPLOYEES/YEARS OF SERVICE/COMMENDATIONS (ZZ.44)
Mayor O'Laughlin presented commendations to Ron Dunn for twenty years of service; Ken Berry for
fifteen years of service; and Tom Jarvis for fifteen years of service. The recipients of the
commendations thanked the Town for the privilege and honor of being able to earn these
commendations of dedicated service to the community.
SCHEDULE OF PUBLIC HEARINGS (01.01)
Informational report regarding currently scheduled public hearings 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/OCTOBER 1995 (05.V)
Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council ratify the accompanying check
registers for payrolls of September 24 through October 7, 1995, paid on October 13, 1995 and October
8 through October 21, 1995, paid on October 27, 1995, in the amount of $558,274.34. Carried
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unanimously.
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ACCOUNTS PAYABLE/RATIFICATION/OCTOBER 1995 (06.V)
Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council ratify the accompanying check
registers for accounts payable invoices paid on October 13, 20 and 27, 1995 in the amount of
$668,345.82. Carried unanimously.
CODE COMPLIANCE/QUARTERLY REPORT (07.47)
Informational report from the Code Compliance Officer regarding abatement of code violations was
received and filed.
MINUTES OF OCTOBER 16, 1995 (08.V)
Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council approve the Minutes of October 16,
1995 as submitted. Carried unanimously.
AMICUS BRIEF/CITY OF SAN JOSE/COMMISSION ON STATE MANDATE (09.01)
Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council authorize amicus participation in
City of San Jose vs. State of California, Commission on State Mandates, et al., Sixth District Court of
Appeal, at no cost to the Town. Carried unanimously.
ANIMAL WASTE/DISPOSAL SYSTEM/DISPOSA-SCOOP (10.28)
Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council accept $500 donation from Ed and
Christine Jesser for purchase of disposa-scoop animal waste disposal system. Carried unanimously.
CABLE TELEVISION TRANSFER/LEGAL SERVICES/RESOLUTION 1995-144 (12.25)
Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council adopt Resolution 1995-144 entitled,
RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER
TO ENTER INTO A CONTRACT WITH DUNCAN, WEINBERG, MILLER, AND
PEMBROKE FOR LEGAL ADVICE AND COUNSEL RELATING TO A PROPOSED
TRANSFER OF A CABLE TELEVISION FRANCHISE FROM BRENMOR CABLE
PARTNERS, L.P. DBA SOUTH BAY CABLEVISION TO TCI OF CLEVELAND,
INCORPORATED. Carried unanimously.
WEED ABATEMENT/PUBLIC NUISANCE/RESOLUTION 1995-145 (13.27)
Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council adopt Resolution 1995-145 entitled,
RESOLUTION OF THE TOWN OF LOS GATOS DECLARING WEEDS A PUBLIC
NUISANCE AND PROVIDING FOR THEIR ABATEMENT. Carried unanimously.
9511 PROJECT/REROOFING LIBRARY & SERVICE CENTER/RESOLUTION 1995-146 (14.35)
Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council adopt Resolution 1995-146 entitled,
RESOLUTION OF THE TOWN OF LOS GATOS ACCEPTING WORK OF PACIFIC
WEATHERSHIELD, INC - PROJECT 9511 - REROOFING OF CIVIC CENTER LIBRARY,
SERVICE CENTER, AND VEHICLE MAINTENANCE BUILDING AND AUTHORIZING
THE TOWN MANAGER TO EXECUTE CERTIFICATE OF ACCEPTANCE AND NOTICE
OF COMPLETION FOR RECORDING BY TOWN CLERK. Carried unanimously.
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COST CLAIMING SERVICES/DAVID GRIFFITH/RESOLUTION 1995-147 (15.13)
Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council adopt Resolution 1995-147 entitled,
RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER
TO EXECUTE AN AGREEMENT WITH DAVID M. GRIFFITH & ASSOCIATES, LTD
(DMG) TO PROVIDE STATE MANDATED COST CLAIMING SERVICES FOR THE 1995-
96 FISCAL YEAR. Carried unanimously.
AUDITING SERVICES/MAZE & ASSOCIATES/RESOLUTION 1995-148 (16.04)
Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council adopt Resolution 1995-148 entitled,
RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER
TO EXECUTE CHANGE ORDER NO. 1 FOR THE AGREEMENT WITH MAZE AND
ASSOCIATES DATED JULY 21, 1995, TO PROVIDE AUDITING SERVICES FOR FISCAL
YEARS 1994-95 AND 1995-96. Carried unanimously.
TOWN MANAGER/LETTER OF AGREEMENT/RESOLUTION 1995-149 (17.149)
Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council adopt Resolution 1995-149 entitled,
RESOLUTION OF THE TOWN OF LOS GATOS AMENDING LETTER OF AGREEMENT
BETWEEN THE TOWN OF LOS GATOS AND TOWN MANAGER. Carried unanimously.
ALLEN RUDOLPH/SERVICE COMMENDATION/RESOLUTION 1995-150 (18.20)
Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council adopt Resolution 1995-150 entitled,
RESOLUTION OF THE TOWN OF LOS GATOS COMMENDING ALLEN RUDOLPH FOR
HIS SERVICE AS A MEMBER OF THE PLANNING COMMISSION OF THE TOWN OF
LOS GATOS. Carried unanimously.
DISPATCH SOFTWARE/HP PRINTER/OCS TECH/POLICE/RESOLUTION 1995-151 (19.09)
Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council adopt Resolution 1995-151 entitled,
RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER
TO EXECUTE CHANGE ORDER 3 FOR THE AGREEMENT WITH OCS
TECHNOLOGIES, INC. FOR POLICE DEPARTMENT COMPUTER AIDED DISPATCH
(CAD) SOFTWARE AND AUTHORIZING THE SUBSTITUTION OF A HEWLETT
PACKARD LINE PRINTER FOR REDUNDANT SOFTWARE. Carried unanimously.
WHEELER AVE 129/RESIDENTIAL APPEAL/RESOLUTION 1995-152 (20.09)
Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council adopt Resolution 1995-152 entitled,
RESOLUTION OF THE TOWN OF LOS GATOS DENYING APPEAL OF PLANNING
COMMISSION DECISION APPROVING PLANS TO DEMOLISH AN EXISTING SINGLE
FAMILY RESIDENCE AND AN UNLAWFUL SECONDARY DWELLING UNIT AND TO
CONSTRUCT A NEW SINGLE FAMILY RESIDENCE ON PROPERTY IN THE R-1:8000
ZONE. ARCHITECTURE AND SITE APPLICATION S-95-28. Carried unanimously.
SMALL CLAIMS REPRESENTATIVE OF TOWN/RESOLUTION 1995-153 (21.01)
Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council adopt Resolution 1995-153 entitled,
RESOLUTION OF THE TOWN OF LOS GATOS APPOINTING FOUR CORPORATION
REPRESENTATIVES TO THE LOS GATOS SMALL CLAIMS COURT OF SANTA CLARA
COUNTY FOR THE TOWN OF LOS GATOS. Carried unanimously.
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HANDBILL PROHIBITION/ON VEHICLES/ORDINANCE 2004 (22.46)
Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council adopt Ordinance 2004 entitled,
ORDINANCE OF THE TOWN OF LOS GATOS AMENDING SECTION 18.10.010 TO
PROHIBIT PLACEMENT OF HANDBILLS AND OTHER WRITINGS ON VEHICLES,
which was introduced by the Council at its meeting on October 16, 1995. Carried unanimously.
BELLA VISTA WAY 371/RESIDENTIAL DEVELOPMENT/ORDINANCE 2005 (23.09)
Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council adopt Ordinance 2005 entitled,
ORDINANCE OF THE TOWN OF LOS GATOS AMENDING ORDINANCE 1279 RELATING
TO THE DEVELOPMENT OF THE PROPERTY LOCATED AT 371 BELLA VISTA WAY,
which was introduced by the Council at its meeting on October 16, 1995. Carried unanimously.
HAZARDOUS WASTE FACILITIES/DEFINED/REGULATED/ORDINANCE 2006 (24.07)
Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council adopt Ordinance 2006 entitled,
ORDINANCE OF THE TOWN OF LOS GATOS AMENDING SECTIONS 29.10.020, 29.20.185
AND 29.20.190 OF THE TOWN CODE TO DEFINE AND REGULATE HAZARDOUS WASTE
FACILITIES, which was introduced by the Council at its meeting on October 16, 1995. Carried
unanimously.
HEARING
LOS GATOS BOULEVARD 15553/D'AMICO TIRE SERVICE/PAINT BOOTH (25.09)
Mayor O'Laughlin stated that this was the time and place duly noted for public hearing to consider
appeal of Planning Commission decision approving a request to operate automobile related services
including retail tire sales and service, body work, general automotive repair, and automobile painting
and detailing within an existing automobile service facility in the CH zone. This appeal is to permit
additional time for the removal of an existing paint booth. Property located at 15553 Los Gatos
Boulevard. Appellant: D'Amico Tire Service Company, Incorporated.
The following people from the audience spoke to this issue:
Jim D'Amico, 11070 Mt. Hamilton Road, San Jose, owner of the automotive center, had agreed to the
closing of the spray booth, but asked for additional time to close the existing business for relocation
purposes.
Ron Chinitz, 15560 Benedict Lane, lives behind the building and would like the business abated
immediately.
Joe Doody, 15544 Benedict Lane, asked for a speedy closure to the spray paint business.
Troy Jaramillo, 15589 Benedict Lane, asked for a speedy resolution.
Eric McKenna, 15573 Benedict Lane, opposed the spray paint operation.
Maria Etha, worker at 15553 Los Gatos Blvd., spoke of the care taken to mitigate the paint fume
problem and the diligence in looking for another location to move to.
Maurice Sharetta, spoke of urgently looking for a new location for his business.
No one else from the audience addressed this issue.
Motion by Mr. Blanton, seconded by Mrs. Benjamin, to close the public hearing. Carried
unanimously.
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HEARING CONTINUED
LOS GATOS BOULEVARD 15553/D'AMICO TIRE SERVICE/PAINT BOOTH/CONT.
Motion by Mr. Blanton, seconded by Mr. O'Laughlin, that Council modify the Planning Commission
decision and require the spray paint business to cease its operations by January 30, 1996. Carried
unanimously.
LOS GATOS BOULEVARD 15166/OFFICE DEPOT LOCATION (26.09)
Mayor O'Laughlin stated that this was the time and place duly noted to consider modifying approved
plans to demolish an existing commercial structure and to construct an approximately 28,000 sq. ft.
retail store in the CH zone. Modification to include new street address monument and alternate
exterior design treatments. Property located at 15166 Los Gatos Boulevard. Property Owner: Charles
Charmichael/Office Depot.
The following people from the audience spoke to this issue:
Virginia Fanelli, 10052 Pasadena Ave, Cupertino, consultant for the project, spoke of the requests
from Council to bring back additional renderings showing three different exterior treatments using a
variety of horizontal elements, window motifs, an arbor effect, and color variations.
Dale Evans, Los Gatos Boulevard Alliance representative, brought up scale and relationship to
neighboring buildings.
Larry Paulding, 297 Carlton Way, spoke of the support for the project from the adjacent residential
neighborhood.
Leonard Pacheco, Planning Commissioner, 50 Hernandez Ave., addressed the design elements of the
project and suggested focusing on simplicity.
Elizabeth Smith, spoke for the Boulevard Alliance, and reminded Council of the charette designs and
the need to keep the new projects within the concepts of beautification for the Boulevard.
No one else from the audience addressed this issue.
Council consensus to have a simple design with two rows of banding which circle the building and
appear on the North and West elevations. That the color be a muted white block named W-1, white
block with grey aggregate. That Council approves the project in concept and will allow the
demolition permit so that the Bay Area Quality Management District will be able to start looking at
the project.
COUNTY REFERRAL (02.47)
Referral #: 5814 Location: South Side of Bear Creek Road
Applicant: Denevi Request: Draft EIR Review
Recommendation: Neutral
The following people from the audience spoke to this issue:
Mary Lyle Rempel, lives in the mountains, and spoke of the water quality of Lexington Reservoir.
Pete Denevi, property owner, spoke graphically about the proposed project and the many mitigating
measures that would be used.
No one else from the audience addressed this issue.
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COUNTY REFERRAL CONT.
Council Comments: Mrs. Lubeck feels that a golf course is managed open space and that the venue
for hearing this subject is at the County. Mr. Blanton agrees with the goal course managed open space
if the land can not be purchased as park land, but would like Council to take an opinion on the
proposal. Mrs. Benjamin would like to view the property and have additional information before she
make any declarative comments. She is very interested in seeing a comprehensive specific plan for
the Lexington Hills to show how many homes could be expected in that vicinity over time. She would
not like to make any comments on golf courses until she sees what will be neighboring the project and
the impact that might have on the roads and services. She requests that the County do a Master Plan
for the area. Her feeling is that the golf course will be growth indusive. Mr. O'Laughlin also spoke
for a comprehensive plan of the area which would delineate strict guidelines for development. He
suggested dedicating some of the land to open space. Mr. Attaway would like more information but
until that time he thinks the Council should remain neutral.
Motion by Mrs. Lubeck, seconded by Mr. O'Laughlin, that Council accept the report for filing,
keeping a neutral position, and forward the minutes with discussion and concerns to the County.
Carried unanimously.
PLANNING COMMISSION/PLANNING DEPARTMENT MONTHLY STATUS REPORT (03.47)
Motion by Mrs. Lubeck, seconded by Mr. Attaway, to accept and file informational report regarding
activity of Planning Commission and Department. Carried unanimously.
WASTE REDUCTION IN RESTAURANTS (11.07)
Motion by Mrs. Benjamin, seconded by Mr. Attaway, to encourage social consciousness among the
business owners of downtown restaurants; to take care of the grease traps and sewer problems; to be
cognizant of the waste products in our streets due to take out food containers. Carried unanimously.
COUNCIL MEETING SCHEDULE/1995-96 (27.10)
Motion by Mrs. Lubeck, seconded by Mr. O'Laughlin, that Council approve revised Town Council
Meeting Schedule for 1995-96 fiscal year scheduling study session on November 27, 1995 to discuss
land use decision in the face of the new fiscal realities, to be held at 5:30 p.m. Carried unanimously.
COUNCIL COMMITTEES (28.20)
Mr. Blanton reported that he would be resigning from the Solid Waste Commission due to a conflict of
schedules. He reported that the Vasona Corridor project would need matching funds from the
neighboring cities in order to keep a prioritized position for completion. Mrs. Lubeck noted that
ABAG General Council meeting was coming up and she will be unable to attend. Mr. Attaway
reported that West Valley Sanitation had a litigation problem involving a sewer line in Los Gatos and
was discussing taking the maintenance of the lines from Los Gatos. Town needs to send a detailed
report to the District and hold discussions with them. Mrs. Benjamin reported on the League of
California Cities vote on radar cameras in police vehicles.
ADJOURNMENT
Motion by Mr. Blanton, seconded by Mrs. Lubeck, that this evening's meeting be adjourned at 10:20
p.m. Carried unanimously.
ATTEST:Marian V. Cosgrove, Town Clerk
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