Item 22 Staff Report Consider Introducing Ordinance Amending Section 29.10.020 and Adding Section 29.40.038 of the Town Code to: Add Definitions of Categories of Vehicle Repair, Add Restrictions Concerning the Repair of Vehicles on Residential Lots.`17
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
DATE: September 1, 1994
TO: MAYOR AND TOWN COUNCI
FROM: TOWN MANAGER
SUBJECT:
COUNCIL AGENDA
DATE: 9/6/94
ITEM NO. 9‘6,..
CONSIDER INTRODUCING ORDINANCE AMENDING SECTION 29.10.020 AND
ADDING SECTION 29.40.038 OF THE TOWN CODE TO:
1. ADD DEFINITION OF CATEGORIES OF VEHICLE REPAIR
2. 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.
RECOMMENDATION:
Receive public testimony and continue the public hearing to October 3, 1994 to allow preparation of any
changes to the present draft amendment based on further public testimony.
DISCUSSION:
Refer to previous staff reports dated July 13, 1994 for the July 18th agenda and June 30, 1994 for the July
5th agenda.
PREPARED BY:
LEE E. BOWMAN 1—
PLANNING DIRECTOR
LEB:mb 9/1/94 3:35 pm
N:DEV\CNCLRPTS\vehicles.9-6 File #
ATTACHMENTS:
DISTRIBUTION:
7. Letter dated August 30, 1994 addressed to Councilmembers Lubeck and
O'Laughlin from T. L. Donahue.
John Santomauro, 705 Blossom Hill Road, Los Gatos, CA 95032
James Powell, 207 Oakwood Way, Los Gatos, CA 95032
Randall Reedy, 19 N. Santa Cruz Avenue, Los Gatos, CA 95030
Reviewed by: Attorney Clerk Finance Treasurer
COUNCIL ACTION/ACTION DIRECTED TO:
L9b/J ./4 ub: kid
NO.742 P001
Randy Attaway
Los Gatos Town Council
(408) 354-8431
FAX is 3 pages including this cover page.
1 of 3
ATTACHMENT 7
08/31/94 06:03 NO.742 P002
30 August 94
Councilwoman Linda Lubeck
Councilman Patrick O'Laughlin
cc:
Mayor Randy Attaway
Councilwoman Joamme Benjamin
Councilman Stephen Blanton
Dear Councdpersoos Lubeck and O'Laughlin:
I want to express my extreme disappointment that my neighbor, Ms. She Maloney,
was allowed to read her slanderous us attempt at character assassination of my wife, Cathy
Cristy, into the public record during the July 18th hearing on the proposed automotive
repair ordinance. Having attended with some of my supportive ive neighbors all the public
hearings on this issue to date, we were cautioned early on that this was not a fbrwn to
express differences between neighbors, and that statements should be relevant to the issue.
In addition, we were told that any issues that were not brought up at the initial planning
commission hearing could not be introduced at a later time. Not only was Ms. Maloney's
statement totally irrelevant to the issue, it was flawed on several matters of fact. To the
best aim recollection, Ms. Maloney's statement was the first time that Mr. James
Powell's name was mentioned in the public record. Ms. Maloney seemed to be reaming on
the false assumption that the hearing was specifically aimed at some action against Mr.
Powell While *tines of the property he rents and from which he and his employee
operate his illegal business were introduced, no mention was ever made specifically of Mr.
Powell prior to Ms. Maloney's statement The injustice was compounded when my wife's
very brief emotional outburst at being relentlessly slandered was related by the Town Clerk
as "a shouting match" to a reporter, a characterization that subsequently appeared in print
in the Los Gatos Weekly Times.
I trust that steps will be taken so that this cherish name-calling, in violation of stated Town
policy, will not be allowed to be repeated Without dignifying Ms. Maloney's statement,
let me again state that she is mistaken an several matters of fact. She has never discussed
this issue with anyone in my household and barely knows me or my wife. As for her
petition, I don't know how you can petition to have an illegal business in your
neighborhood Several of the des to that petition have a vested interest in having
access to a mechanic who conveniently operates nights and wends.
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OB/31/94 05:03 N0.742 P003
There is no "vendetta" and none of this changes the fact that Mr. Powell, whom one Town
official characterized as "slimy", has repeatedly tried to mislead Town officials for the last
I8 months about the nature of his act ivi ies. Mr. Powell continues to violate existing
zoning restrictions (having an employee, storing vehicles on the street, various
environmental violations) by running his for -profit auto repair business using the services
of his resident employee, Kevin Smith. The pictures that Ms. Maloney submitted of the
property at 207 Oak Wood Way are not a true reflection of the past or current state of the
property. There is one vehicle under repair in the back, numerous pieces of equipment and
supplies and a boat for engine work puked in the driveway today. I urge you to chive by
the property and observe for yourselL For some time, this bum has been Mr. Powell's
and his employee's sole means of support, as it continues to be. Before the Town
threatened his business, Mr. Powell maintained a business hcense and a California Bureau
of Automotive Repair Certificate issued to his residential address,
Since we won't be able to attend the next scheduled hearing on the automotive repair
orchnance on September 6th, please accept the following statement of our position: We
urge passage of an ordinance that can be used to enforce existing prohibitions against
commeariat auto repair in residential zones. The entire issue here, for us, is enforcement —
the zoning regulations already are established to prevent such incompatible land uses.
According to the Town Attorney, the problems is that the existing regulations contain
loopholes so large that he is unwilling to enforce them. We are not opposed to automotive
related hobbies. However, calling a commercial venture a hobby does not change its
nature and does not lessen the impact of traffic, noise and environmental stress.
In addition, I believe that the incident with Ms. Maloney demonstrates the need for
objective measures of what is prohibited activity, ones that do not require neighborhood
homeowners to be investigators or policemen A prohibition age the repair of vehicles
and auger automotive parts like engines and transmissions not owned by the resident
should be relatively easy to verify and not subject to questions about whether money
changed hands.
If I can provide any additional won or you wish to discuss any of the issues here,
please call me at (408) 744-1400.
T. L Donahue
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September 6, 1994
• Los Gatos, California
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.
TC: D6: M M090694
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September 6, 1994
Los Gatos, California
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 Moss, 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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