M 10-24-83TOWN OF LOS GATOS
TOWN COUNCIL MEETING
OCTOBER 24, 1983
TOWN COUNCIL
The Town Council of the Town of Los Gatos met in the Council Chambers of the Town Hall at
7:17 p.m., in continued regular session.
ROLL CALL
PRESENT: Joanne Benjamin, Eric Carlson, Terrence J. Daily, Thomas J. Ferrito and ABSENT
Mayor Brent N. Ventura
USE OF TOWN FACILITIES
Discussion was held regarding use of Town property by various organizations. It was suggested
Council may want to set up some procedures and guidelines for giving approval of requests for
use of Town property. The Town Attorney to review and report to Council at a later date on
possible regulations.
APPEAL-232 MASSOL AVENUE-PATTERSON
Mr. Daily moved for adoption of Resolution No. 1983-215 entitled, RESOLUTION DENYING
APPEAL FROM PLANNING COMMISSION (232 Massol Avenue, Ernest Patterson). Mr.
Ferrito seconded. Carried by vote of tow ayes. Mrs. Benjamin voted no. Mr. Carlson abstained.
APPEAL WESTERNER PRE-SCHOOL
Mrs. Benjamin moved for adoption of Resolution No. 1983-216 entitled, RESOLUTION
MODIFYING DECISION OF PLANNING COMMISSION AND OTHERWISE DENYING
APPEAL (219 Los Gatos-Almaden Blvd., Westerner Pre-School). Mr. Daily seconded. Carried
by a vote of three ayes. Mr. Carlson abstained.
CLAIM FOR DAMAGE
Mrs. Benjamin moved to accept staff recommendation and claim for damages filed on behalf of
Ralph D. Stoddard, be denied. Mr. Carlson seconded. Carried unanimously.
Mrs. Benjamin moved to accept staff recommendation and claim for damages filed on behalf of
the Industrial Indemnity Co. (regarding Barnhart accident), be denied. Mr. Carlson seconded.
Carried unanimously.
Mrs. Benjamin moved to accept staff recommendation and claim for damages filed on behalf of
Patricia O'Hanneson, be denied. Mr. Daily asked to amend motion to request a report from the
Town Attorney and staff for discussion in Executive Session. Mrs. Benjamin accepted the
amendment. Mr. Daily seconded. Carried unanimously.
ZONING ORDINANCE AMENDMENT-RULES FOR CLUBS, LODGES, HALLS &
FRATERNAL ORGANIZATION
Lee Bowman, Planning Director, gave a summary on activity of the continuation of this
ordinance. He stated this ordinance was introduced on June 20, 1983, and adoption of said
ordinance was continued as Council thought an amendment to the -ps zone (Public School
Overlay) might be substituted for this ordinance. Now it has been determined that amending the
-ps zone would not solve the problem addressed by this ordinance and would, in fact, create new
problems. After further discussion, Mrs. Benjamin moved for the adoption of Ordinance No.
1596 entitled, ORDINANCE AMENDING THE ZONING ORDINANCE AMENDING THE
RULES FOR CLUBS, LODGES, HALLS AND FRATERNAL ORGANIZATIONS. Mr. Daily
seconded. Carried unanimously.
BUSINESS LICENSE TAX AMENDMENT
Mr. Mora, Town Manager, presented report to Town Council regarding necessity for increase of
business license tax, due to cut in State sub-ventions at this time and feels these monies will not
be reinstated. Therefore, to keep up the Town's service levels there is a need to increase business
licenses. He reported there has been no increase in said fees since 1978 and he has met with
representatives of the Chamber regarding some specific recommendations and referred to five
specific changes being proposed.
1. A revision of gross receipts on retail sales to provide a minimum tax of $50.00 and a
maximum tax tied to a percentage of gross receipts from retail sales.
2. The base fee for Professionals would be raised from the current $70.00 to $100.00.
3. A revision of gross receipts for Manufacturing be amended to provide a minimum payment of
$10.00 rather than the current $50.00. The top of the schedule would be amended so that a
percentage would be paid of the total receipts.
4. The Town would actively enforce all provisions of the Business Tax Ordinance by utilizing
existing resources to perform audits of organizations where there is some question of the
payment made and follow-up of other categories of businesses using resources such as the
Chamber of Commerce, professional associations and similar resources.
5. Provide a business license surcharge for food serving and liquor serving establishments in the
CBD. The recommended surcharge is 50%.
It was noted that the Chamber of Commerce does not feel that recommendation No. 5 is
warranted. The Town Manager stated what he is requesting is a conceptual approval of the
designated five changes to the Ordinance could be drafted. After further discussion on this issue,
Mr. Carlson moved to approve in concept with No. 5 issue being restricted for only those
establishments serving liquor. This would exclude those serving food only, bakeries, etc. Mrs.
Benjamin seconded with amendment to the motion to include that in alcohol serving
establishments, surcharges may be pro-rated according to number of seats. Mr. Carlson accepted
amendment and wanted to add to his motion that should make sure manufacture's and
professionals are paying their fair share in terms of their contributions to services. Mrs.
Benjamin accepted the amendment. Barbara Withelder, 408 N. Santa Cruz Avenue, spoke in
opposition of the surcharge tax. Vote on the motion was carried by three ayes. Mr. Ferrito
abstained and wishes minutes to reflect his reason. Mr. Ferrito stated, as a professional with an
office in Los Gatos, he would be affected by the proposed fee schedule and therefore he felt it
appropriate to abstain..
APPOINTMENTS-RENT ADVISORY COMMITTEE
Mr. Daily moved to accept staff recommendation and approve the current process used by the
Rent Advisory Committee in choosing representatives by allowing the owners and tenants to
recruit new members. Mr. Carlson seconded. Carried unanimously.
CUSTODIAL FEES NEIGHBORHOOD CENTER
Mrs. Benjamin moved to accept staff report and recommendation to approve the use of an
outside maintenance firm to clean the Neighborhood Center on "as needed" basis. Instigate a
$50.00 non-refundable private party fee and a $10.00 non-refundable non-profit agency fee
(when use fees are charged). These amounts to be withheld from the security deposit. Mr.
Carlson seconded. Carried unanimously.
HEARST CABLEVISION 6 MONTH CERTIFICATE OF IMPROVEMENTS
Mrs. Benjamin moved for the adoption of Resolution No. 1983-217 entitled, A RESOLUTION
AUTHORIZING THE TOWN MANAGER TO NEGOTIATE AND EXECUTE A LETTER
AGREEMENT WITH PAUL MONACO OF HAMMETT & EDISON, INC. (to provide an
assessment of Hearst Cablevision Certificate of improvement). The cost of audit to be borne by
Hearst Cablevision. Mr. Carlson seconded. Carried unanimously.
PERIPHERAL CANAL ISSUE
The Town Manager informed Council this is additional information they had requested from the
Santa Clara Valley Water District, regarding Water Policy issue. No action taken.
CEQA GUIDELINES
Less Bowman spoke on changes of State guidelines and need for change in Town's procedures to
bring Town to date. After some discussion, Mrs. Benjamin moved for adoption of Resolution
No. 1983-218 entitled, RESOLUTION ADOPTING ENVIRONMENTAL REVIEW
PROCEDURES. Mr. Carlson seconded. Carried unanimously.
LOS GATOS HERITAGE PRESERVATION SOCIETY
Vice-Mayor Ferrito stated the Los Gatos Heritage Preservation Society requested an amendment
to the Landmark and Preservation Overlay Zoning Ordinance to establish a commission to
review potential historic landmarks and Planning Commission has recommended this.
Discussion was held on whether there is need for such a commission. After further discussion,
Mr. Carlson moved that Planning should establish a sub-committee which could include one or
two Planning Commissioners and several members of the public to give input to the commission.
But, can see no need for establishing a new commission. Mrs. Benjamin seconded. Carried by
three ayes. Mr. Daily voting no.
SMOKE DETECTOR ORDINANCE
Speaking on the need for requiring the installation of smoke detectors in homes were Cathy
Klein, 90 Hollywood Avenue and Carol Connors, of the Saratoga-Los Gatos Board of Realtors.
After further discussion, Mr. Carlson moved that Council refer the proposed Smoke detector
Ordinance requiring the installation and maintenance of smoke detectors in all single family
dwellings, mobilehomes, multiple-family dwellings and every sleeping room in a residential care
home, hotel or lodging house to the Town Attorney, the Chief Building Inspector, the Planning
Director and Central Fire District for final review. Mrs. Benjamin seconded. Carried
unanimously.
HARWOOD ROAD SIDEWALK IMPROVEMENTS
Mr. Carlson referred to communication he had received from Mr. Rex Burbank requesting that
Council pursue the matter of installation of sidewalks from Belridge to Belvale on the east side
of Harwood and from Gemini to Blossom Hill Road and requested this be considered in the
capital budget.
CONTINUATION OF AGENDA ITEMS
Due to previous scheduled joint meeting with the Parks Commission it was consensus of Council
to continue the remaining agenda items to November 7, 1983. They are as follows:
Traffic Striping modifications of Blossom Hill Road and Cherryblossom Lane.
Emergency Access Roads
Saratoga Avenue Landscaping
Moody Gulch Logging
ADJOURNMENT
Mrs. Benjamin moved meeting be adjourned at 8:15 p.m. to a joint study session of the Town
Council and the Parks Commission to be held in the Neighborhood Center. Mr. Carlson
seconded. Carried unanimously.