M 12-16-91TOWN OF LOS GATOS
CALIFORNIA
TOWN COUNCIL/PARKING AUTHORITY
December 16, 1991
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 7:34 p.m., Monday, December 16, 1991, in
regular session.
ROLL CALL
Present:Randy Attaway, Joanne Benjamin (arrived at 9:00 p.m.), Steven Blanton,
Brent N. Ventura and Mayor Eric D. Carlson.
Absent:None.
PLEDGE OF ALLEGIANCE
Given by all in attendance.
YOUTH COMMISSION/APPOINTMENT/PATRICIA ERNSTROM
Mayor Carlson announced that one application had been received from Patricia Ernstrom for
the opening on the Youth Commission for an adult member. Motion by consensus to appoint
Ms Ernstrom to a term to expire June 30, 1992.
SCHEDULE OF PUBLIC HEARINGS
Informational report regarding currently scheduled public hearings was received and filed.
PAYROLL/RATIFICATION/NOVEMBER 1991
Motion by Mr. Blanton, seconded by Mr. Attaway, that Council ratify the accompanying
check registers for payroll of November 10 through 23, 1991 and vacation cash out paid on
December 6, 1991 in the amount of $244,377.61 paid on November 27 and December 6,
1991. Carried by 4 ayes. Mrs. Benjamin absent.
ACCOUNTS PAYABLE/RATIFICATION/NOVEMBER 1991
Motion by Mr. Blanton, seconded by Mr. Attaway, that Council ratify accompanying
check registers for accounts payable invoices in the amount of $400,062.66 paid on
November 27, December 6 and 13, 1991. Carried by 4 ayes. Mrs. Benjamin absent.
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CODE ENFORCEMENT/REFERRALS TO TOWN ATTORNEY
Informational item received and filed.
AB939/CONFORMANCE TO REQUIREMENTS/SOLID WASTE PROGRAM
Motion by Mr. Blanton, seconded by Mr. Attaway, that Council accept status report
regarding conformance with AB 939 requirements. Carried by 4 ayes. Mrs. Benjamin
absent.
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SANTA CRUZ AVE S 200/COMPLETION NOTICE
Motion by Mr. Blanton, seconded by Mr. Attaway, that Council authorize the Mayor to
execute and the Town Clerk to record a Certificate of Acceptance and Notice of Completion
for 200 South Santa Cruz Ave. Carried by 4 ayes. Mrs. Benjamin absent.
COLLEGE AVE 155/COMPLETION NOTICE
Motion by Mr. Blanton, seconded by Mr. Attaway, that Council authorize the Mayor to
execute and the Town Clerk to record a Certificate of acceptance and Notice of Completion
for 155 College Ave. Carried by 4 ayes. Mrs. Benjamin absent.
SANTA CRUZ AVE 664/FOUNTAIN COURT/POLICE TRAINING/RESOLUTION 1991-271
Motion by Mr. Blanton, seconded by Mr. Attaway, that Council adopt Resolution 1991-
271 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN
MANAGER TO EXECUTE AN AGREEMENT WITH LOUISE DRONKERT FOR USE OF
PROPERTY AT 664 N. SANTA CRUZ AVENUE FOR POLICE TRAINING. Carried by 4
ayes. Mrs. Benjamin absent.
HOUSEHOLD HAZARDOUS WASTE/MOU/COUNTY/AGREEMENT/RESOLUTION 1991-272
Motion by Mr. Blanton, seconded by Mr. Attaway, that Council adopt Resolution 1991-
272 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN
MANAGER TO EXECUTE A MEMORANDUM OF UNDERSTANDING AND FIRST
AGREEMENT AMENDMENT WITH THE COUNTY OF SANTA CLARA FOR
PARTICIPATION IN A HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM.
Carried by 4 ayes. Mrs. Benjamin absent.
POA/POLICE OFFICERS' ASSOCIATION/MOU/RESOLUTION 1991-273
Motion by Mr. Blanton, seconded by Mr. Attaway, that Council adopt Resolution 1991-
273 entitled, RESOLUTION OF THE TOWN OF LOS GATOS APPROVING
MEMORANDUM OF UNDERSTANDING BETWEEN THE TOWN OF LOS GATOS AND
POLICE OFFICERS' ASSOCIATION (POA). Carried by 4 ayes. Mrs. Benjamin absent.
CENTRAL COURT 5/CUNNINGHAM/APPEAL/RESOLUTION 1991-274
Motion by Mr. Blanton, seconded by Mr. Attaway, that Council adopt Resolution 1991-
274 entitled, RESOLUTION OF THE TOWN OF LOS GATOS GRANTING THE APPEAL OF
THE PLANNING COMMISSION DECISION APPROVING A REQUEST TO APPROVE
PLANS FOR THE CONSTRUCTION OF A SINGLE-FAMILY RESIDENCE IN THE R-
1:10,000 ZONE ARCHITECTURE AND SITE APPLICATION S-91-60, which incorporates
the Council findings and decision at its meeting of December 2, 1991. Carried by 4 ayes.
Mrs. Benjamin absent.
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SANTA CRUZ AVE N 41/LOS GATOS THEATER/CORMACK/RESOLUTION 1991-275
Motion by Mr. Blanton, seconded by Mr. Attaway, that Council adopt Resolution 1991-
275 entitled, RESOLUTION OF THE TOWN OF LOS GATOS APPROVING PLANS FOR A
MINOR MODIFICATION TO THE EXTERIOR OF AN EXISTING THEATER TO PERMIT
AN EXTERIOR DOOR TO THE SECOND FLOOR ON PROPERTY IN THE C-2-LHP ZONE,
ARCHITECTURE AND SITE APPLICATION ES-91-41A, which incorporates the Council
findings and decision at its meeting of December 2, 1991. Carried by 4 ayes. Mrs. Benjamin
absent.
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HEARINGS
SANTA CRUZ AVE N. 21/(CRALL'S)/ANDALE TAQUERIA/RESTAURANT APPLICATION
Mayor Carlson stated that this was the time and place duly noted for public hearing to
consider a request for approval to open and operate a restaurant which includes the serving
of wine and beer with meals, to buy into the Parking Assessment District and the
construction of additional square footage to an earthquake damaged historic commercial
building in the in the C-2 LHP zone, Conditional Use Permit Application EU-91-9A and
Architecture and Site Application ES-91-74. Property located at 21 North Santa Cruz
Avenue. Property owner, The Crall Estate. Applicant, Andale Taqueria.
The following people from the audience spoke to this issue:
Luis Sanchez, owner Andale Taqueria, 6 N. Santa Cruz, explained the expense of the
project and asked for additional time in which to pay the parking in lieu fees, understanding
the payment before occupancy requirement.
Tom Hisata, architect for applicant, 265 Lytton Ave., Palo Alto, gave details concerning
project.
Mr. Ventura, asked the owner if he understood and agreed that they would not be able to
occupy the premesis until they had paid the parking fees and the traffic impact fees.
Mr. Sanchez, the owner, answered that he fully understood the requirement."
No one else from the audience addressed this issue.
Motion by Mr. Ventura, seconded by Mr. Attaway, that Council close the public hearing.
Carried by 4 ayes. Mrs. Benjamin absent.
Motion by Mr. Ventura, seconded by Mr. Attaway, that Council make the findings recited
in the staff report as required by Section 5.20.210 of the Zoning Ordinance for the granting of
a Conditional Use Permit. Carried by 4 ayes. Mrs. Benjamin absent.
Motion by Mr. Ventura, seconded by Mr. Attaway, that Council make the findings recited
in the staff report as required by Section 4.86.180(2) of the Zoning Ordinance for approval of
work within an historic district. Carried by 4 ayes. Mrs. Benjamin absent.
Motion by Mr. Ventura, seconded by Mr. Attaway, that Council approve Conditional Use
Permit EU-81-68 and Architecture and Site Application ES-91-74 as recommended by the
Earthquake Restoration Committee, subject to the conditions included in the Conclusion
section of the staff report, and with the stipulation that parking in lieu fees and traffic impact
fees be payable any time prior to certification of occupancy. Carried by 4 ayes. Mrs.
Benjamin absent.
Mr. Attaway and Mr. Ventura stated that normally there is reluctance to allow tandem parking
or extension of fee payment schedules, but due to the unusual circumstances, and in order
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to allow this building to be refurbished there is a need to extend the time for in lieu fee
payments.
UNIVERSITY AVE 237/EARTHQUAKE DAMAGE/HERNANDEZ/HEARING
Mayor Carlson stated that this was the time and place duly noted for public hearing to
consider an appeal of a decision of the Earthquake Restoration Committee denying the front
porch reconfiguration of an earthquake damaged single family residence and the shape of a
window in the proposed detached two car garage located in the R-1D LHP zone,
Architecture and Site Application ES-91-49. Property located at 237 University Avenue.
Property Owner, Mike and Dave Hernandez.
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HEARINGS CONTINUED
UNIVERSITY AVE CONT.
The following people from the audience spoke to this issue:
Mike Hernandez, 237 University Avenue, applicant, asked for consideration of new project
plans.
Gary Schloh, 213 Bean Avenue, architect for applicant, explained the details of the project
and the need for the new porch design.
No one else from the audience addressed this issue.
Motion by Mr. Blanton, seconded by Mr. Ventura, that Council close the public hearing.
Carried by 4 ayes. Mrs. Benjamin absent.
Motion by Mr. Ventura, seconded by Mr. Attaway, that Council uphold the Los Gatos
Earthquake Restoration Committee's decision in approving the application subject to the
redesigning of the front porch. Carried by 3 ayes. Mr. Blanton voted no stating that a
circular porch is inconsistent with the historic design. Mrs. Benjamin absent.
Motion by Mr. Ventura, seconded by Mr. Attaway, that Council deny the request of the
applicant to approve the redesigning of the window above the detached garage. Carried by
3 ayes. Mr. Blanton voted no. Mrs. Benjamin absent.
Motion by Mr. Blanton, seconded by Mr. Ventura, that the roof over the bay window be
flat. Mr. Attaway and Mr. Carlson vote no. Motion does not carry.
Motion by Mr. Attaway, seconded by Mr. Carlson, to approve a sloped roof over the bay
window. Carried by a vote of 3 ayes. Mr. Blanton voted no.
PARKING/ZONING ORDINANCE AMENDMENT/A-91-3A/HEARING
Mayor Carlson stated that this was the time and place duly noted for public hearing to
consider an amendment to the Town Zoning Ordinance to replace a paragraph inadvertently
deleted from a recent amendment to Section 3.50.050 regulating the duration of
nonconforming uses (Parking), Zoning Ordinance Amendment A-91-3A.
No one from the audience addressed this issue.
Motion by Mr. Attaway, seconded by Mr. Ventura, that Council close the public hearing.
Carried by 4 ayes. Mrs. Benjamin absent.
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Motion by Mr. Attaway, seconded by Mr. Blanton, that Council find that the Zoning
Ordinance Amendment is consistent with the General Plan. Carried by 4 ayes. Mrs.
Benjamin absent.
Motion by Mr. Attaway, seconded by Mr. Ventura, that Council waive the reading of the
Draft Ordinance. Carried by 4 ayes. Mrs. Benjamin absent. The Town Clerk read the Title
of the Draft Ordinance.
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HEARINGS CONTINUED
PARKING CONT.
Motion by Mr. Attaway, seconded by Mr. Ventura, that Council introduce Draft Ordinance
entitled, ORDINANCE OF THE TOWN OF LOS GATOS MODIFYING REGULATIONS FOR
NONCONFORMING USES ALLOWING PROPERTIES WHICH ARE NONCONFORMING
AS TO PARKING TO CONTINUE OPERATING WITH RESTRICTIONS. Carried by 4 ayes.
Mrs. Benjamin absent.
GENERAL PLAN AMEND/HISTORIC PRESERVATION/GP-91-2/RESOLUTION 1991-276
Mayor Carlson stated that this was the time and place duly noted for public hearing to
consider an amendment to the General Plan's Conservation and Historic Preservation
Element changing the qualification date of an historic structure from prior to 1917 to prior to
1941, General Plan Amendment GP-91-2.
No one from the audience addressed this issue.
Motion by Mr. Ventura, seconded by Mr. Attaway, that Council close the public hearing.
Carried by 4 ayes. Mrs. Benjamin absent.
Motion by Mr. Ventura, seconded by Mr. Attaway, that Council find that the General Plan
Amendment to the Conservation and Historic Preservation Element is internally consistent
with the General Plan. Carried by 4 ayes. Mrs. Benjamin absent.
Motion by Mr. Ventura, seconded by Mr. Attaway, that Council adopt Resolution 1991-
276 entitled, RESOLUTION OF THE TOWN OF LOS GATOS CONCERNING
AMENDMENTS TO THE CONSERVATION AND HISTORIC PRESERVATION ELEMENT
OF THE GENERAL PLAN CHANGING THE QUALIFICATION DATE OF AN HISTORIC
STRUCTURE.
Carried by 4 ayes. Mrs. Benjamin absent.
ORDINANCE AMENDMENTS/A-91-8/HD-80-1A/HD-84-2A/HD-86-1B
Motion by Mr. Ventura, seconded by Mr. Attaway, that Council appoint committee of one,
Mr. Ventura, to work with Planning Commission and Historic Preservation Committee on
clarifying these ordinance amendments and continue the introduction of the following
proposed ordinance amendments to January 21, 1992. Carried by 4 ayes. Mrs. Benjamin
absent.
Introduction of ordinance amending the Town Zoning Ordinance with respect to reports
required for the demolition of structures in an Historic District Overlay Zone, A-91-8;
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Introduction of ordinance amending the Almond Grove Historic District - Historic Designation
Application HD-80-1A;
Introduction of ordinance amending the Almond Grove Historic District - Historic Designation
Application HD-80-2A;
Introduction of ordinance amending the University/Edelen Historic District Designation
Application HD-86-1B.
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CONTAMINATED PUBLIC PROPERTY/PUBLIC NUISANCE
Kate Anderton, Town Attorney, stated that this ordinance will declare that public property
contaminated with certain identified materials and chemicals in fact constitutes a public
nuisance. Those companies identified as possible and probable contaminators are PG&E
and ConAgra whose activities historically have led to the conditions requiring remediation.
Motion by Mr. Attaway, seconded by Mr. Blanton, that Council waive the reading of the
Draft Ordinance. Carried by a vote of 4 ayes. Mrs. Benjamin absent. The Town Clerk read
the Title of the Draft Ordinance.
Motion by Mr. Attaway, seconded by Mr. Blanton, that Council introduce Draft Ordinance
entitled, ORDINANCE OF THE TOWN OF LOS GATOS DECLARING CONTAMINATED
PUBLIC PROPERTY A PUBLIC NUISANCE. Carried by a vote of 4 ayes. Mrs. Benjamin
absent.
LIBRARY STAFF/LEADERSHIP DEVELOPMENT/DALE WATSON & ASSOCIATES
Mayor Carlson stated that this was the time and place duly noted to consider entering into a
contract with Dale Watson & Associates, Inc. for leadership development training of senior
library staff.
This item was voted on and approved during the consent calendar. Motion by Mr. Blanton,
seconded by Mr. Attaway that Council follow the recommended action. Carried by a vote of
4 ayes. Mrs. Benjamin absent. Ms Egan requested reconsideration at which time Mr.
Ventura moved and Mr. Blanton seconded to reconsider this item after the public hearings.
Carried by a vote of 4 ayes. Mrs. Benjamin absent.
The following people from the audience spoke to this issue:
Shirley Egan, requested reconsideration of this item due to the expense and suggested
other avenues to expend the funds for the Library.
No one else from the audience addressed this issue.
Motion by Mr. Ventura, seconded by Mr. Attaway, that Council take no action on this
item, and reagendize this matter to a closed session meeting. Carried by 4 ayes. Mrs.
Benjamin absent.
LOS GATOS BLVD 234/VACATION/PUBLIC RIGHT-OF-WAY/RESOLUTION 1991-277
Motion by Mr. Ventura, seconded by Mr. Attaway, that Council adopt Resolution 1991-
277 entitled, RESOLUTION OF THE TOWN OF LOS GATOS ORDERING THE VACATION
OF A SIX-FOOT WIDE STRIP OF PUBLIC RIGHT-OF-WAY ALONG 234 LOS GATOS
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BOULEVARD, and to refer this item to Parks, Forestry and Maintenance to investigate the
use of street trees along this frontage property. Carried by 4 ayes. Mrs. Benjamin absent.
SOLID WASTE MANAGEMENT/W.VALLEY CITIES/AGREEMENT/RESOLUTION 1991-278
Motion by Mr. Ventura, seconded by Mr. Carlson, to amend the proposed resolution in
order to include a Citizens Rate Review Advisory Committee of a minimum of 4 persons.
Motion failed. Mr. Ventura and Mr. Carlson voted yes. Mr. Attaway and Mr. Blanton voted
no. Mrs. Benjamin absent.
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SOLID WASTE CONT.
Motion by Mr. Attaway, seconded by Mr. Blanton, that Council adopt Resolution 1991-
278 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING EXECUTION
OF AN AMENDMENT TO THE AGREEMENT WITH THE CITY OF CAMPBELL, CITY OF
MONTE SERENO, AND CITY OF SARATOGA FOR THE PROVISION OF SOLID WASTE
MANAGEMENT SERVICES, and the Mayor write a letter of request that other communities
consider the proposal of an advisory rate review committee, and that there is follow up at the
West Valley Mayors' meeting so as to get the item on the agenda. Carried by 4 ayes. Mrs.
Benjamin absent.
APPROVAL OF MINUTES/DECEMBER 2, 1991
Mr. Ventura requested a correction to page 5, under Santa Cruz Ave, a motion by Mr.
Attaway, the reference to a "10-inch wide tile band" should be replaced by the word
"wainscoting"
Motion by Mr. Ventura, seconded by Mr. Attaway, that Council approve the Minutes of
December 2, 1991 as amended. Carried by a vote of 4 ayes. Mrs. Benjamin absent.
CODIFICATION OF ORDINANCES/TOWN CODE/ORDINANCE INTRODUCTION
Motion by Mr. Blanton, seconded by Mr. Attaway, that Council waive the reading of the
proposed ordinance adopting a revision and recodification of the ordinances of the Town of
Los Gatos entitled "The Code of the Town of Los Gatos". Carried by 4 ayes. Mrs. Benjamin
absent. The Town Clerk read the title of the proposed ordinance.
Motion by Mr. Blanton, seconded by Mr. Attaway, to introduce the proposed ordinance.
Carried by a vote of 4 ayes. Mrs. Benjamin absent.
AUTO DEALERS/SPECIAL EVENTS/DRAFT ZONING ORDINANCE CONSIDERATION
Motion by Mr. Blanton, seconded by Mr. Attaway, to refer the draft ordinance
amendments to the Planning Commission for public hearing and recommendations with
report due back to the Town Council by February 3, 1992. Carried by a vote of 4 ayes. Mrs.
Benjamin absent.
COMPUTER SYSTEM/ACQUISITION/HARDWARE &
SOFTWARE/INSTALLATION/TRAINING
Mayor Carlson stated that he would be abstaining from this item due to a potential conflict of
interest.
Mr. Ventura questioned the staff about the source of the funds pursuant to these actions and
how the expenditure of these funds are justified given other needs in the community. David
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Knapp, Town Manager, stated that the funding will come from the equipment replacement
fund. He believes this system to be necessary in order for the Town to be able to manage its
financial resources with reliable financial information.
Mr. Ventura asked the staff for an estimate of the amount of time it will take to complete the
installation of systems to other departments that are overdue. Brian Jones, Information
Systems Coordinator, stated that based on the current situation he does not see these
systems being looked at for at least one year. Mr. Ventura asked if the price range for those
systems is estimated to be lower, the same, or higher in the next year. Mr. Jones estimated
between $250,000 and $300,000 for either of the systems.
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COMPUTER SYSTEM CONT.
Mr. Attaway asked the staff what vehicle they have that allows them to negotiate this
contract versus going out for public bid. David Knapp, Town Manager, stated that it was an
open bid, and the Town has the ability to do that because they are designing a system for
the Town's specific individualized needs.
Motion by Mr. Ventura, seconded by Mr. Attaway, that Council authorize the Town
Manager to negotiate a contract with Hewlet-Packard Inc. and Pentamation Inc. for an
administrative computer system and associated services, (not including a specialized police,
library, or geobase system) and to bring the negotiated contract back to the Council for
approval. Carried by a vote of 3 ayes. Mayor Carlson abstained. Mrs. Benjamin absent.
PRIVATE IMPROVEMENTS IN PUBLIC RIGHT-OF-WAY/INTRODUCTION OF ORDINANCE
Kate Anderton, Town Attorney, stated that there was an error in the agenda, it listed the
proposed ordinance as an urgency ordinance when in fact it should be a regular ordinance.
Mr. Blanton asked the staff to give some examples of things built in the public right-of-way
that the proposed ordinance will deal with. Scott Baker, Director of Building and Engineering
Services, stated that things such as lampposts, mailboxes, benches, and retaining walls.
Mayor Carlson asked the staff why aesthetic improvements are ruled out. Scott Baker stated
that this was for safety reasons. He stated that aesthetic improvements could be made if the
Council finds community benefit from these improvements, and the Town could require a
hold harmless agreement and provision of indemnification.
Motion by Mr. Attaway, seconded by Mr. Ventura, that Council continue this item to the
meeting of January 6, 1992. Carried by a vote of 4 ayes. Mrs. Benjamin absent.
BOARD OF APPEALS/BUILDING DEPARTMENT/RESOLUTION 1991-279
Mayor Carlson asked Scott Baker, Director of Building and Engineering Services, if the
recommended size of 5 members is the required size. Mr. Baker stated that it is not the
required size, but is the normal size of a board of appeals.
Motion by Mr. Attaway, seconded by Mr. Blanton, to adopt Resolution 1991-279 entitled,
RESOLUTION OF THE TOWN OF LOS GATOS TO FORMALLY ESTABLISH TERMS AND
CONDITIONS FOR BOARD OF APPEALS AN INTERPRETIVE BOARD TO THE
DIRECTOR OF BUILDING SERVICES. Carried by a vote of 3 ayes. Mr. Ventura voted no.
Mrs. Benjamin absent.
COUNTY REFERRALS
Motion by Mr. Ventura, seconded by Mr. Attaway, that Council approve the
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recommended action appealing the County Board of Supervisors, and have the Mayor and
Town Manager write a letter addressing the issue, and have Mr. Ventura act as a Committee
of one to call the Board of Supervisors before the hearing concerning County Referrals:
Status of Previous Referrals/Appeals:
REFERRAL #LOCATION APPLICANT REQUEST RECOMMENDATION
2913-30-49-91V South end of Tourney Road DePalma Variance
Town to file appeal
Carried by a vote of 4 ayes. Mrs. Benjamin absent.
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UNIVERSITY AVE 50/COMEDY CLUB/OLD TOWN THEATER/HEARING
Mayor Carlson stated that this was the time and place duly noted for public hearing to
consider an appeal of a Planning Commission decision to approve a request for permission
to operate a comedy club in the Old Town Theater and to permit the sale of alcoholic
beverages for consumption on the premises in the C-2-LHP zone, Conditional Use Permit
Application U-91-19. Property Owner, Dover Mobile Estates. Applicant, Trevor Griffiths.
Appellant, Barbara Spector. (Mrs. Benjamin arrived at 9:00 p.m.)
The following people from the audience were opposed to this issue:
Dianne Moody, 122 University Avenue, read the letter submitted by the Spectors (and
submitted as part of record), agreeing fully with its comments.
Dan McFadden, 123 University, stated the needs of the residential community that
surrounds the Old Town Theater, and asked Council to consider those needs when making
its decision.
Dr. Robert Oats, 128 University, is in opposition due to the potential for additional late night
noise.
Kathy Morgan, 142 Wheeler Ave., supports the need for concern in addressing the
problems facing the historical residential neighborhood adjacent to Old Town and Santa
Cruz business districts, and to consider a desirable use for the theater in light of public
convenience and welfare.
Sharon Tedford, 122½ University, is upset about the garbage and noise in this
neighborhood at present, and would like mediation before further impact is to be made.
Mark Walkowski, 68 Miles, does not wish to see entertainment centers in Los Gatos or
near his home.
Tom Baer, 76 Oak Grove, spoke of the history of the area in question and the concerns of
previous Council and Commission supporting both the residential neighborhood and
business community concerns.
John Voss, 234 Edelen, spoke regarding the preferential parking district and the need for
enforcement.
The following were in support of this issue:
Trever Griffiths, 22130 Miller Ridge Road, applicant, stated that he believes that the
Planning Commission not err in its 8 to 1 vote to approve the proposal. He stated that he
does not believe that the Comedy Club will be a problem for the neighborhood because of
the type of operation and the conditions that can be imposed upon the conditional use
permit.
Bev Politzer, 22130 Miller Ridge Road, co-applicant, did not feel the alternative
suggestions from Council could accommodate the needs of their proposed business.
Jennifer Leslie, 34 Los Gatos Boulevard, is in favor of an entertainment center for
recreational purposes opening in Los Gatos, feeling that bars and restaurants are limiting
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and theater type entertainment would be welcome.
Marty Brezel, 14685 Oka Rd. #62, supported the positive environment of a well run
comedy club and its benefit to the Town as a local means of entertainment.
Rich Schulman, Property Manager of Old Town, pointed out the mitigation measures
already taken to alleviate the problems of the impacts on the neighborhood due to business.
Paul Griffiths, 904 Teakwood Crt., supported the comedy club as a viable business
enterprise for this particular location.
No one else from the audience addressed this issue.
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COMEDY CLUB CONT.
Motion by Mr. Blanton, seconded by Mr. Ventura, that Council close the public hearing.
Carried unanimously.
Mr. Ventura stated that the comedy club would not be a compatible use at Old Town, and
that the Planning Commission had erred by not recognizing the Town's alcohol policy, the
impact on the residential neighborhood, the alteration of an historical resource, and the
change of the theater use.
Mr. Carlson agreed with the impact on the neighborhood, the problem with parking and the
need to adhere to the alcohol policy but felt it would be perfectly advisable to remodel the
theater. The parking will be alleviated when the new parking structure is complete and the
alcohol policy may be modified at a later date, but if it is it should be modified for everyone or
at least specify the specific exceptions.
Mr. Blanton feels that a comedy club would be very useful to the town adding vitality to the
downtown district, but at this time the parking situation and impact on the residential area
would be too great.
Mrs. Benjamin feels that its very important to balance the quality of life in the neighborhood
against the needs of the business community. She was willing to look at some alternatives
but these were not viable for the proposed business; such as a two drink minimum; just
serving beer and wine; limiting the lateness of the last show; and saving the historic flavor
of the theater. Also stating that ther could be a Comedy Club in Town in a more appropriate
location."
Motion by Mr. Ventura, seconded by Mr. Blanton, to grant the appeal finding that the
Planning Commission had erred by not citing the impact on the neighborhood; had not
considered the Town alcohol policy as stated in a recent resolution; and had not considered
the Old Town Theater as an historical community resource. Carried unanimously.
Motion by Mr. Attaway, seconded by Mr. Blanton, that Council request staff to readdress
the Town's alcohol policy to permit a comedy club and perhaps other exceptions to the
current policy including location of service. These exceptions would have to clearly not
impact a residential neighborhood but could be considered along Los Gatos Boulevard and
the new transportation corridor. This motion to include the directive that every application
involving alcohol service be given a copy of the Town's alcohol policy. Carried
unanimously.
ADJOURNMENT
Motion by Mr. Attaway, seconded by Mr. Blanton, to adjourn the meeting at 10:48 p.m.
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Carried unanimously.
ATTEST:
Marian V. Cosgrove
Town Clerk
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