M 02-19-91TOWN OF LOS GATOS
CALIFORNIA
TOWN COUNCIL/PARKING AUTHORITY
February 19, 1991
Minutes
TOWN COUNCIL
The Town Council/Parking Authority of the Town of Los Gatos met in the Council Chambers
of the Town Hall, 100 East Main Street, at 7:44 p.m., Tuesday, February 19, 1991, in regular
session.
ROLL CALL
Present:Randy Attaway, Joanne Benjamin,
and Mayor Brent N. Ventura.
Absent:Steven Blanton and Eric D. Carlson.
PLEDGE OF ALLEGIANCE
Given by all in attendance.
MOMENT OF SILENCE
Mayor Ventura asked that those in the audience give a moment of silence in recognition of
our service men, women and civilians in the middle east at this time of crisis.
PRESENTATION
Mayor Ventura accepted a presentation of the American Flag to the Town from Lorraine
Hulme and Bea Marchetti representing the Los Gatos Republican Women, Federated. Mrs.
Marchetti made the presentation to the Town Clerk's Office were it will be displayed in the
reception area.
CLOSED SESSION
Natalie West, Acting Town Attorney, reported that Council will meet in Closed Session
following this evening's meeting pursuant to Government Code Section 54956.9(a) to
discuss Pending Litigation regarding Kang Ming Ho vs. Town of Los Gatos et al.
9004 PROJECT/FORBES MILL/EARTHQUAKE DAMAGE/FEMA/CONTRACT
Motion by Mrs. Benjamin, seconded by Mr. Attaway, that the Council award contract for
work to low bidder, Progressive Pacific, in total estimated amount of $19,485.00, and
authorize Town Manager to sign contract on behalf of the Town, noting that project has
qualified for FEMA and OES reimbursement. Carried by a vote of 3 ayes. Mr. Blanton and
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Mr. Carlson absent.
SCHEDULE OF PUBLIC HEARINGS
Informational report regarding currently scheduled public hearings was received and filed.
PAYROLL/RATIFICATION/FEBRUARY 1991
Motion by Mrs. Benjamin, seconded by Mr. Attaway, that Council ratify the accompanying
check registers for payroll of January 20 through February 2, 1991 in the amount of
$215,340.91 paid on February 8, 1991. Carried by a vote of 3 ayes. Mr. Blanton and Mr.
Carlson absent.
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ACCOUNTS PAYABLE/RATIFICATION/FEBRUARY 1991
Motion by Mrs. Benjamin, seconded by Mr. Attaway, that Council ratify accompanying
check registers for accounts payable invoices in the amount of $152,480.14 paid on
February 8, 1991. Carried by a vote of 3 ayes. Mr. Blanton and Mr. Carlson absent.
FAMILY FUN RUN/EDUCATION FOUNDATION/MAY 5, 1991
Motion by Mrs. Benjamin, seconded by Mr. Attaway, that Council approve the request by
the Los Gatos Elementary Foundation to hold a 10-Kilometer Race and 2-mile Fun Run/Walk
on Sunday May 5, 1991, subject to conditions listed in staff report. Carried by a vote of 3
ayes. Mr. Blanton and Mr. Carlson absent.
POSTING/TOWN NOTICES/LOCATIONS
Informational item regarding the posting of Town's Public Notices in a fourth un-official
location was received and filed.
MASSOL COURT/RENAMED FROM MASSOL EXTENSION/RESOLUTION 1991-26
Motion by Mrs. Benjamin, seconded by Mr. Attaway, that Council adopt Resolution 1991-
26 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE NAME
"MASSOL COURT" ASSIGNED TO THE AREA NOW REFERRED TO AS MASSOL
EXTENSION. Carried by a vote of 3 ayes. Mr. Blanton and Mr. Carlson absent.
NATIONAL AVE 15347/FINAL MAP/TRACT 8396/RESOLUTION 1991-27
Motion by Mrs. Benjamin, seconded by Mr. Attaway, that Council adopt Resolution 1991-
27 entitled, RESOLUTION OF THE TOWN OF LOS GATOS APPROVING AND
ACCEPTING FINAL MAP OF TRACT 8396, and authorizing execution of the contract for
public improvements. Carried by a vote of 3 ayes. Mr. Blanton and Mr. Carlson absent.
FAIR LABOR STANDARDS ACT/WORK PERIODS/RESOLUTION 1991-28
Motion by Mrs. Benjamin, seconded by Mr. Attaway, that Council adopt Resolution 1991-
28 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AMENDING RESOLUTION
1986-52 DECLARING WORK PERIODS UNDER THE FEDERAL FAIR LABOR
STANDARDS ACT. Carried by a vote of 3 ayes. Mr. Blanton and Mr. Carlson absent.
SPACE DANCE FOR PEACE/FRIENDS OF ART/ART SCULPTURE/RESOLUTION 1991-29
Motion by Mrs. Benjamin, seconded by Mr. Attaway, that Council adopt Resolution 1991-
29 entitled, RESOLUTION OF THE TOWN OF LOS GATOS ENDORSING FRIENDS OF
THE ARTS FUNDRAISING CAMPAIGN FOR PURCHASE OF "A SPACE DANCE FOR
PEACE IV" ART SCULPTURE, by artist Paul Goreniuc. Carried by a vote of 3 ayes. Mr.
Blanton and Mr. Carlson absent.
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CHRISTINE FISCHER/COMMENDATION/SERVICE/RESOLUTION 1991-30
Motion by Mrs. Benjamin, seconded by Mr. Attaway, that Council adopt Resolution 1991-
30 entitled, RESOLUTION OF THE TOWN OF LOS GATOS COMMENDING CHRISTINE
L. FISCHER FOR EXEMPLARY SERVICE TO THE TOWN. Carried by a vote of 3 ayes. Mr.
Blanton and Mr. Carlson absent.
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ABAG/CLAIMS PLAN CORP/$3,000 MAX/REPEAL RESO 1987-180/RESOLUTION 1991-31
Motion by Mrs. Benjamin, seconded by Mr. Attaway, that Council adopt Resolution 1991-
31 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING TOWN
ATTORNEY AND THE ABAG PLAN CORPORATION TO SETTLE TORT CLAIMS NOT
EXCEEDING THE SUM OF $3,000 AND REPEAL RESOLUTION 1987-180. Carried by a
vote of 3 ayes. Mr. Blanton and Mr. Carlson absent.
ORDINANCE 1815/ZONING ORDINANCE AMENDMENT/HISTORIC DISTRICT
DEVELOPMENT REVIEW COMMITTEE/APPLICATION FEES
Natalie West, Town Attorney, stated that this item will be continued to March 4, 1991 due
to the lack of a quorum caused by the abstention of a Councilmember stating possible
conflict of interest.
SANTA CRUZ AVE N 27/LOS GATOS BLVD 15466/CHAMPS ELYSEES/EBRAHEMI
RESTAURANT RELOCATION/EARTHQUAKE DAMAGE/RESOLUTION 1991-32
Motion by Mrs. Benjamin, seconded by Mr. Attaway, that Council adopt Resolution 1991-
32 entitled, RESOLUTION OF THE TOWN OF LOS GATOS GRANTING CONDITIONAL
USE PERMIT EU-90-13 TO RELOCATE A RESTAURANT WHICH WAS DISPLACED BY
THE EARTHQUAKE FROM 27 N. SANTA CRUZ AVENUE TO THE CH ZONE LOCATED
AT 15466 LOS GATOS BOULEVARD. (PAUL EBRAHEMI) Carried by a vote of 2 ayes.
Mayor Ventura abstained due to previous absence. Mr. Blanton and Mr. Carlson absent.
SANTA CRUZ AVE N 15-15½/OLD ALLIGATOR GRILL/WATSON/RESOLUTION 1991-33
RESTAURANT RELOCATION/EARTHQUAKE DAMAGE/FARWELL
Motion by Mrs. Benjamin, seconded by Mr. Attaway, that Council adopt Resolution 1991-
33 entitled, RESOLUTION OF THE TOWN OF LOS GATOS GRANTING CONDITIONAL
USE PERMIT EU-77-24C REQUESTING PERMISSION TO EXTEND THE HOURS OF
OPERATION FOR A RESTAURANT DISPLACED BY THE EARTHQUAKE ON PROPERTY
IN THE C-2 ZONE. (JOHN WATSON) Carried by a vote of 2 ayes. Mayor Ventura
abstained due to previous absence. Mr. Blanton and Mr. Carlson absent.
HEARINGS
LIVE ENTERTAINMENT/ZONING ORDINANCE A-90-10/HEARING
Mayor Ventura stated that this was the time and place duly noted for public hearing to
consider approval of zoning ordinance A-90-10 permitting dancing and/or live entertainment
in various zones with a conditional use permit.
Motion by Mr. Attaway, seconded by Mrs. Benjamin, that Council continue this item to
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March 18, 1991. Carried by a vote of 3 ayes. Mr. Blanton and Mr. Carlson absent.
CAMINO DEL CERRO 15945/GUESS ESTATE/EARTHQUAKE DEMOLITION
Mayor Ventura stated that this was the time and place duly noted for public hearing to
consider appeal of Planning Directors decision to deny demolition permit for home damaged
by earthquake. Property: 15945 Camino Del Cerro. Appellant: Evan Judd, Attorney for
Mabel Guess Estate.
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CAMINO DEL CERRO CONT.
Motion by Mrs. Benjamin, seconded by Mr. Attaway, that Council close the public
hearing. Carried by a vote of 3 ayes. Mr. Blanton and Mr. Carlson absent.
Motion by Mrs. Benjamin, seconded by Mr. Attaway, that Council deny the appeal as
requested by appellant since the property has been sold and the new owner has requested
this appeal be dropped. Carried by a vote of 3 ayes. Mr. Blanton and Mr. Carlson absent.
NORTH SANTA CRUZ AVE 227/GRIFFITHS/APPEAL
Mayor Ventura stated that this was the time and place duly noted for public hearing to
consider appeal of the Director of Building Services decision to require primary entrance
accessibility features at 227 North Santa Cruz Ave. Appellant: James Griffiths.
The following people from the audience spoke to this issue:
James Griffiths, 121 Massol, requested Council's consideration of his project and approval
to have exception to the handicapped accessibility requirements. Mr. Griffiths submitted
drawings and photographs for the record.
Jim Lewis, 156 Vista Del Monte, spoke for the need of proper handicapped access for the
project.
Motion by Mr. Attaway, seconded by Mrs. Benjamin, to close the public hearing. Carried
by a vote of 3 ayes. Mr. Blanton and Mr. Carlson absent.
Motion by Mrs. Benjamin, seconded by Mr. Attaway, to reconsider the previous motion.
Carried by a vote of 3 ayes. Mr. Blanton and Mr. Carlson absent.
Motion by Mrs. Benjamin, seconded by Mr. Attaway, that Council continue this item to
March 18, 1991. Carried by a vote of 3 ayes. Mr. Blanton and Mr. Carlson absent.
BUDGET/1990-91/MID-YEAR
Motion by Mr. Ventura, seconded by Mrs. Benjamin, that Council approve the increase in
expenditures for Redevelopment in the amount of $6,000 as requested of Planning and
Microfiche in the amount of $10,5000 as requested of Building, Engineering and Planning
and to approve the expected revenue estimates as shown in attachment "A" of the staff
report. Carried by a vote of 3 ayes. Mr. Blanton and Mr. Carlson absent.
MARIA'S BERRY FARM/WATER TOWER/RELOCATION/RESTORATION
Informational item regarding the possible option of the Town's receiving funds from the
Traffic Authority for restoration of the Berry Farm project was received and filed. Mr.
Attaway made a statement for the record that Council should keep within its budget on this
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item and that the Historical Preservation Society should be diligently soliciting grant money
for this project.
LOS GATOS BLVD 15698/LONG'S PHARMACY
Long's Pharmacy request to reconsider Council's decision of February 6, 1990. Mrs.
Benjamin had relayed her opinion to the manager and Mr. Ventura had abstained from
discussion due to a possible conflict of interest. No action was taken and the report was
received and filed.
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MINUTES OF FEBRUARY 4, 1991
Mayor Ventura requested that the Minutes of February 4, 1991 be continued to March 4,
1991.
MINUTES OF FEBRUARY 11, 1991
Motion by Mr. Attaway, seconded by Mrs. Benjamin, that Council approve the Minutes of
February 11, 1991 as amended. Carried by a vote of 3 ayes. Mr. Blanton and Mr. Carlson
absent.
CODE ENFORCEMENT/REFERRALS TO TOWN ATTORNEY
Informational report submitted by the Attorney regarding Town Code Violations and steps to
ensure code enforcement was received and filed.
A SPACE FOR TEENS/NEW YORK AVE/CONSTRUCTION PROPOSAL
Informational report regarding consideration for funding to build a 2,000 square foot structure
at New York Ave. was received and filed and Mayor Ventura requested that this item and its
continuing development return to Council in two weeks.
RECYCLING ADVISORY BOARD/COUNCIL APPOINTMENT
Motion by Mrs. Benjamin, seconded by Mr. Ventura, that Council appoint Mr. Carlson and
Mr. Attaway to the Recycling Advisory Board established by the Community Services
Commission. Carried by a vote of 3 ayes. Mr. Blanton and Mr. Carlson absent.
URBAN FORESTRY TASK FORCE/SANTA CLARA COUNTY/APPOINTMENT
Mayor Ventura stated that this item would be continued to March 4, 1991 for further
information from staff.
SANTA CLARA COUNTY CITIES/COMMITTEE REPORT
Mayor Ventura reported on the Santa Clara County Cities' meeting February 14, 1991, and
the suggestion that town should file a letter of protest with the County regarding the booking
fees and property tax collection in order to protect Town's future legal position in regards to
these fees. Senator Maddy's bill will greatly expand the County's authority to collect fees for
numerous other services. Council consensus to agendize this legislation in order for
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Council to take an official position on it.
CONGESTION MANAGEMENT/COMMITTEE REPORT
Mrs. Benjamin reported that the Congestion Management Agency had chosen Wednesday,
March 27, 1991, at Campbell City Hall Council Chambers, for the study session for all five
cities to meet with their Councilmembers and Managers.
SAN BENITO 645/HUSAIN/BUSINESS LICENSE PENALTY/APPEAL/HEARING
Mayor Ventura stated that this was the time and place duly noted for public hearing to
consider an appeal by licensee regarding penalty fees imposed upon business licence.
Business Property: 645 San Benito Ave., Los Gatos. Owner: Ishrat Husain.
There was no one in the audience to address this issue.
Council consensus to continue this item to March 4, 1991 in order to contact the appellant
regarding his notification.
ADJOURNMENT
Motion by Mayor Ventura, seconded by Mr. Attaway, to adjourn this meeting at 8:44 p.m.
Natalie West, Acting Town Attorney, explained that Council would adjourn at this time and
convene in regular session of the Redevelopment Agency. At the time of adjournment of the
Redevelopment Agency, Council will meet in Closed Session pursuant to Government Code
Section 54956.9(a) to discuss Pending Litigation regarding Kang Ming Ho vs. Town of Los
Gatos et al.
ATTEST:
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Marian V. Cosgrove
Town Clerk
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