M 09-21-92TOWN OF LOS GATOS
CALIFORNIA
TOWN COUNCIL/PARKING AUTHORITY
September 21, 1992
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, September 21, 1992, in
regular session.
ROLL CALL
Present:Randy Attaway, Steven Blanton,
Brent N. Ventura and Mayor Eric D. Carlson.
Absent:Joanne Benjamin,
PLEDGE OF ALLEGIANCE
Given by all in attendance.
CLOSED SESSION (00.11)
Katherine Anderton, Town Attorney, reported that Council had met in Closed Session prior to
this evening's meeting pursuant to Government Code Section 54956.9(a) to discuss and
receive status reports on Pending Litigation regarding Town v. Zaloumis, et al.,
Midpenninsula Regional Open Space District v. Town of Los Gatos, and claim regarding the
Town's moratorium on the debt service provisions of the mobile home ordinance. The
hearing on the summary judgement motion in the Midpenninsula Open Space District v. the
Town is scheduled for tomorrow.
GENERAL PLAN COMMITTEE/PRESENTATION/STEVEN RICE (000.43)
Mayor Carlson presented a Commendation from the General Plan Committee to Steven M.
Rice for his service on the committee this year. Mr. Rice came forward for the presentation.
TREE PRUNING & REMOVAL/ARBOR CARE/CORPORATE & COMMERCIAL SERVICES
BID AWARD/RESOLUTION 1992-170 (01.28)
Motion by Mr. Ventura, seconded by Mr. Attaway, that Council adopt Resolution 1992-
170 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH ARBOR CARE AND CORPORATE
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COMMERCIAL SERVICES INC. FOR THE CONSTRUCTION OF PROJECT 9303 - TREE
PRUNING AND REMOVAL. Carried by a vote of 4 ayes. Mrs. Benjamin absent.
MICROFICHE READER-PRINTER/TRINITY MICROGRAPHICS/BID AWARD
RESOLUTION 1992-171 (02.28)
Motion by Mr. Ventura, seconded by Mr. Attaway, that Council adopt Resolution 1992-
171 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE
PURCHASE OF ONE MICROFICHE READER-PRINTER FROM TRINITY
MICROGRAPHICS, INC. Carried by a vote of 4 ayes. Mrs. Benjamin absent.
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CONSULTING SERVICES/CULVERT STORM DRAINS/RESOLUTION 1992-172
PROJECTS 9309, 9310, 9311 & 9312/BSI CONSULTANTS (03.28)
Motion by Mr. Ventura, seconded by Mr. Attaway, that Council adopt Resolution 1992-
172 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN
MANAGER TO EXECUTE AN AGREEMENT WITH B.S.I. CONSULTANTS, INC., FOR
CONSULTATION SERVICES PROJECT 9309 - WHEELER AVENUE/YOSEMITE BOX
CULVERT STORM DRAIN, PROJECT 9310 - SANTA CRUZ AVENUE STORM DRAIN,
PROJECT 9311 - UNIVERSITY AVENUE STORM DRAIN, PROJECT 9312 - BAYVIEW
AVENUE STORM DRAIN. Carried by a vote of 4 ayes. Mrs. Benjamin absent.
SCHEDULE OF PUBLIC HEARINGS (04.01)
Informational report regarding currently scheduled public hearings was received and filed.
PAYROLL/RATIFICATION/AUGUST 1992 (05.V)
Motion by Mr. Blanton, seconded by Mr. Attaway, that Council ratify the accompanying
check registers for payroll of August 16 through August 29, 1992 in the amount of
$211,879.49 paid on September 4, 1992. Carried by a vote of 4 ayes. Mrs. Benjamin
absent.
ACCOUNTS PAYABLE/RATIFICATION/SEPTEMBER 1992 (06.V)
Motion by Mr. Blanton, seconded by Mr. Attaway, that Council ratify accompanying check
registers for accounts payable invoices in the amount of $891,505.24 paid on September 4
and September 11, 1992. Carried by a vote of 4 ayes. Mrs. Benjamin absent.
CODE ENFORCEMENT/REFERRALS TO TOWN ATTORNEY (07.49)
Informational item received and filed.
TRANSPORTATION AGENCY/TRANSIT SERVICE CHARGES/SCC (08.38)
Motion by Mr. Blanton, seconded by Mr. Attaway, that Council approve letter to Santa
Clara County Transportation Agency responding to proposed transit service changes and
recommending against the reduction of service to downtown Los Gatos, specifically the
following; On Line 27 service should not be eliminated to IBM since we have people in Town
who work out there and use this bus line; On Line 27 peak hour service should be retained
since that is the time most riders use the service; On Line 60 the same peak hour service
should be retained since that is the time of highest use; Other times could be discontinued
as suggested on other bus lines. Carried by a vote of 4 ayes. Mrs. Benjamin absent.
RETIREMENT BENEFIT/2% AT 55/PERS/RESOLUTION 1992-173 (09.10)
Motion by Mr. Blanton, seconded by Mr. Attaway, that Council adopt Resolution 1992-
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173 entitled, RESOLUTION OF THE TOWN OF LOS GATOS TO APPROVE AN
AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE
PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND TOWN COUNCIL OF THE TOWN OF
LOS GATOS TO PROVIDE FOR A 2% AT 55 RETIREMENT BENEFIT. Carried by a vote
of 4 ayes. Mrs. Benjamin absent.
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STRUCTURAL AND MAINTENANCE STUDY/9302 PROJECT/CIVIC CENTER
NEIGHBORHOOD CENTER/RESOLUTION 1992-174 (10.44)
Motion by Mr. Blanton, seconded by Mr. Attaway, that Council adopt Resolution 1992-
174 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN
MANAGER TO EXECUTE AN AGREEMENT WITH BOLEY CONSULTING ENGINEERS
FOR CONSULTATION SERVICES - PROJECT 9302 - STRUCTURAL AND
MAINTENANCE STUDY CIVIC CENTER AND NEIGHBORHOOD CENTER COMPLEXES.
Carried by a vote of 4 ayes. Mrs. Benjamin absent.
TRAILS COMMITTEE/MEMBERSHIP/RESOLUTION 1992-175 (11.27)
Motion by Mr. Blanton, seconded by Mr. Attaway, that Council adopt Resolution 1992-
175 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AMENDING RESOLUTION
1992-132 INCREASING THE NUMBER OF COMMUNITY MEMBERS ON THE TRAILS
COMMITTEE. Carried by a vote of 4 ayes. Mrs. Benjamin absent.
WORKER'S COMPENSATION/HOSPITAL SERVICES/RESOLUTION 1992-176
LOS GATOS COMMUNITY HOSPITAL (12.12)
Motion by Mr. Blanton, seconded by Mr. Attaway, that Council adopt Resolution 1992-
176 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN
MANAGER TO SIGN AN AGREEMENT WITH COMMUNITY HOSPITAL OF LOS GATOS
FOR WORKER'S COMPENSATION HOSPITAL SERVICES. Carried by a vote of 4 ayes.
Mrs. Benjamin absent.
LOMA STREET 2/ANNEXATION/RESOLUTION 1992-177 (13.04)
Motion by Mr. Blanton, seconded by Mr. Attaway, that Council adopt Resolution 1992-
177 entitled, RESOLUTION OF THE TOWN OF LOS GATOS ORDERING THE
ANNEXATION OF CERTAIN UNINHABITED TERRITORY DESIGNATED AS LOMA
STREET NO. 2 TO THE TOWN OF LOS GATOS. Carried by a vote of 4 ayes. Mrs.
Benjamin absent.
ARTS COMMISSION/TRACEY INDRA-STEPHENS/RESOLUTION 1992-178 (14.43)
Motion by Mr. Blanton, seconded by Mr. Attaway, that Council adopt Resolution 1992-
178 entitled, RESOLUTION OF THE TOWN OF LOS GATOS COMMENDING TRACEY
INDRA-STEPHENS OF THE LOS GATOS ARTS COMMISSION. Carried by a vote of 4
ayes. Mrs. Benjamin absent.
HEARINGS
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MOBILE HOME/RENT INCREASES/TOWN CODE AMENDMENTS/HEARING (16.16)
Mayor Carlson stated that this was the time and place duly noted for public hearing to
consider possible amendments to the Town Code to revise criteria for evaluating the
reasonableness of rent increases to mobile home spaces.
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HEARINGS CONTINUED
MOBILE HOME RENT CONTROL CONT.
The following people from the audience spoke to this issue:
Jerry Mirassou, 8519 Delahye Circle, Sacramento, explained the procedure used in
arriving at the committee's proposals.
Bill Kraus, 484 Woodland Ave. #17, delineated the proposal with figures that the committee
had worked on.
Mayor Carlson, presented a synopsis of proposed alternative 3 as recommended by the
subcommittee as follows; rent increases may be adjusted without appeal and would be
approved over the CPI of the previous 12 months capped at 6.5%; appeal of this action
would necessitate a NOI calculation using 1985 as a base year; burden of proof would be
with park owner to prove that the increase did not create a NOI increased beyond the CPI
rate; debt service has to be incorporated in the calculation and is not an added on element;
regarding vacancy control, average space rental could not be increased more than the
average space of all spaces in both parks or by $25, which ever is greater.
Jack Cole, 14685 Oka Road, #53, stated his objections to alternative 3 dealing with straight
CPI. 70% of CPI or 5% of current rent, which ever is less, is more favorable to the speaker,
and the taking of averages from each individual park.
Jack Jones, 484 Woodland Ave., #45, favors alternative #3, and noted that there has been
recent improvement in LG Mobile Home Park.
Dorie Ousley, 484 Woodland Ave., #12, does not want to see any increases in rent.
Jourdan Clish, 14685 Oka Road, #52, favors alternative 2.
Catherine Lynch, 14685 Oka Road, #55, does not want to see any increases.
Jon Chandler, 110 Olive Street, supports alternative 3.
Susan Fish, 16070 Greenridge Terrace, Rent Advisory Committee Member, supports
alternative #3, as an answer to everyone's concerns stating that a great deal of thought and
work went into the proposal.
No one else from the audience addressed this issue.
Motion by Mr. Attaway, seconded by Mr. Blanton, to close the public hearing. Carried by
a vote of 4 ayes. Mrs. Benjamin absent.
Motion by Mr. Ventura, seconded by Mr. Carlson, to take the caps in alternative 2, (for
base rent control) 70% of CPI or 5% of current rent, which ever is less, subject to a NOI
review in alternative 3 (for vacancy control). Would like to see a fair review of annual
adjustments. Not supported by Mr. Blanton and Mr. Attaway stating need for latitude to park
owners and the advantage to tenants in option 3 which does not allow pass through of debt
service when the park is sold. Motion failed with 2 ayes and 2 nays. Mrs. Benjamin absent.
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Motion by Mr. Blanton, seconded by Mr. Attaway, that Council adopt alternative 3 as
presented by the Rent Control Ordinance Sub-Committee with straight CPI or 5% cap, which
ever is less, before the trigger for NOI, and to include the rationale for adopting this Mobile
Home Park Ordinance from the statement in the Milpitas Ordinance. Carried by a vote of 3
ayes. Mr. Ventura voted no. Mrs. Benjamin absent.
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HEARINGS CONTINUED
BROADWAY 130/SEWER CARE/MITSUNAGA/APPEAL/HEARING (18.09)
Mayor Carlson stated that this was the time and place duly noted for public hearing to
consider an appeal of a decision of the Planning Commission to approve an application to
demolish and reconstruct a portion of a lower level floor and to relocate the demolished
square footage to a new upper level for a single-family residence with two attached
secondary dwelling units located in the R-1D-LHP zone. Architecture and Site Application S-
92-18. Property located at 130 Broadway. Property owner Irving and Evelyn Mitsunaga.
Appellant Dennis Kazubowski, Attorney for J.Thomas George.
The following people from the audience spoke to this issue:
Mr. Ventura, excused himself from this issue due to a possible conflict of interest.
Dennis Kazubowski, 2001 Gateway Place, #401, San Jose, Attorney for the Appellant,
spoke of possible sewer failure and the impact the improvements will have on the existing
line. He requested sewer improvements before permits are issued for remodeling of home.
Fels Steinbeck, 1 Almaden Blvd., #200, San Jose, stated that this is the wrong forum for the
issue that Mr. George is raising.
Katherine Anderton, stated that the Planning Director has noted the range of appropriate
considerations in connection with the Planning Commission's approval. The sewer line is
not a variable subject to consideration by the Commission under the approval sought by the
applicants.
Evelyn Mitsunaga, 130 Broadway, addressed her responsibility for maintenance of the
sewer line.
No one else from the audience addressed this issue.
Motion by Mr. Blanton, seconded by Mr. Attaway, to close the public hearing. Carried by
a vote of 3 ayes. Mr. Ventura abstained. Mrs. Benjamin absent.
Motion by Mr. Attaway, seconded by Mr. Blanton, that Council uphold the Planning
Commission's decision in approving Architecture and Site Application S-92-18, subject to no
conditions and for the following reasons; no fixture load is being added; condition of existing
line is not an item of concern under our existing code; the Town has other avenues of
remedy for sewer lines. Carried by a vote of 3 ayes. Mr. Ventura abstained. Mrs. Benjamin
absent.
SANTA CRUZ AVE N 553/MC ELROY/APPEAL/HEARING (17.09)
Mayor Carlson stated that this was the time and place duly noted for public hearing to
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consider an appeal of a decision of the Planning commission in Denying a Building Permit
for Tenant Improvements and retrofit work on a nonconforming building in the LM Zone.
Property located at 553 N. Santa Cruz Avenue. Property owner Hercule Goulart. Appellant
Terry McElroy.
The following people from the audience spoke to this issue:
Terry McElroy, 380 Bella Vista Ave., stated that policy change cannot be made by Planning
Commission so is appealing to Council. Also that this particular building site will not be
actually developed for 50 years and the upgrade is maintenance not intensification of use.
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HEARINGS CONTINUED
SANTA CRUZ AVE CONT.
Ed Goulart, 162 Los Astas Drive, explained the history of the building at this location and
the attempts to upgrade the parking needs.
Mayor Carlson, asked specific questions regarding the store front with two entrances which
appeared to be the major issue.
No one else from the audience addressed this issue.
Motion by Mr. Ventura, seconded by Mr. Attaway, to close the public hearing. Carried by
a vote of 4 ayes. Mrs. Benjamin absent.
Motion by Mr. Blanton, to find that the Planning Commission erred in that they did not
consider the historical significance of the building and that in fact intensification herein is not
in the area of additional square footage. Motion failed due to lack of second.
Motion by Mr. Attaway, seconded by Mr. Ventura, to uphold the Planning Commission's
decision and deny a building permit to complete certain improvements to a nonconforming
building, and in fact the situation is such there that if this building upgrade makes for a more
successful business a traffic and parking problem will be created in the neighborhood, and
the fairness to all those who complied to the rules and who yet need to comply will be
jeopardized. Carried by a vote of 4 ayes. Mrs. Benjamin absent.
MAIN STREET W 131/LE BOULANGER/RANKIN BUILDING/LIEN/APPEAL
RESOLUTION 1992-179 (15.09)
The following person from the audience spoke regarding this subject:
John Lien, 156 College Ave., requested clarification of Council's decision on the traffic
mitigation fee that was considered refundable at first but was reassessed as payable at time
of occupancy due to fairness of all others who are assessed this fee.
No one else from the audience addressed this issue.
Motion by Mr. Blanton, seconded by Mr. Attaway, that Council adopt Resolution 1992-
179 entitled, RESOLUTION OF THE TOWN OF LOS GATOS GRANTING APPEAL OF A
DECISION OF THE PLANNING COMMISSION TO APPROVE A REQUEST FOR THE
OPERATION OF A RESTAURANT WITHIN THE RANKIN BLOCK BUILDING IN THE C-
2-LHP ZONE, CONDITIONAL USE PERMIT U-92-5. Carried by a vote of 4 ayes. Mrs.
Benjamin absent.
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CONFLICT OF INTEREST/AMENDMENTS TO TOWN CODE (19.18)
Staff requested removal of this item from the agenda.
MINUTES OF SEPTEMBER 8, 1992 (20.V)
Motion by Mr. Attaway, seconded by Mr. Blanton, to approve the Minutes of September
8, 1992 as submitted. Carried by a vote of 4 ayes. Mrs. Benjamin absent.
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TREASURER'S REPORT/JULY 1992
Informational report submitted by the Treasurer to the Council for the month of July 1992,
received and filed.
ROBERTS ROAD 17020/GTE MOBILNET/EIR/RESOLUTION 1992-180 (22.09)
Mayor Carlson stated that this was the time and place duly noted to consider preparation of
environmental impact report for a proposed GTE mobilnet cellular facility at 17020 Roberts
Road.
The following people from the audience spoke to this issue:
Rich Craig, GTE Mobilnet of California representative, referenced scientific studies done on
this issue and requested use of these studies by the consultant chosen by the Town.
Peggy O'Laughlin, representing GTE Mobilnet, asked that present literature on the subject
be reviewed during the consultant's work on the EIR.
Dr. Peter Polson, 18985 Tuttle Ave., Cupertino, specifically addressed the literature tasks
included in the contract, stating that any review undertaken should relate to the most current
up to date standard in the industry, the IEEE Standard C95.1, that was released in April of
this year.
Carl Cooper, 15288 Via Pinto, Monte Sereno, asked for continuance so as to have time for
adequate public review of the proposed contract just received at opening of this evening's
meeting.
Mark Portman, 18200 Idlewild Road, questioned the use of the proposed medical
consultants in this report and asked for further public in put on this matter.
Lee Bowman, Town's Planning Director, stated that there is a time line associated with the
completion of the EIR which is required by February 4, 1993. The contract will take a
minimum of eleven weeks, not including turn around time for staff and public hearings.
No one else from the audience addressed this issue.
Motion by Mr. Attaway, to continue for two weeks and have staff (and interested public)
delineate specific information involving literature review and the costs associated with the
various identifiable environmental concerns which will be studied and the criteria to be used
for establishing the conclusions. Motion withdrawn by maker due to time elements involved.
Motion by Mr. Blanton, seconded by Mr. Attaway, that Council adopt Resolution 1992-
180 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING TOWN
MANAGER TO SIGN CONTRACT FOR PREPARATION OF ENVIRONMENTAL IMPACT
REPORT FOR A PROPOSED GTE MOBILNET CELLULAR FACILITY AT 17020 ROBERTS
ROAD, which approves the contract with ESA for the expanded scope referring to ESA the
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two IEEE standards submitted to staff tonight which are to be reflected in the completed EIR.
Carried by a vote of 4 ayes. Mrs. Benjamin absent.
Motion by Mr. Ventura, second by Mr. Attaway, that regarding the choice of medical
consultants, staff contact ESA, and if it appears that we don't have the time to review other
authorities within the next two weeks, that Council approve Dr. Bushberg as its choice.
Carried by a vote of 4 ayes. Mrs. Benjamin absent.
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BUS LAYOVER/CIVIC CENTER/SANTA CRUZ S (23.38)
The following person from the audience spoke regarding this subject:
Mike Hogan, 55 Church St., supports the bus layover being located at the South Santa
Cruz location.
No one else from the audience addressed this issue.
Motion by Mr. Blanton, seconded by Mr. Ventura, that Council approve establishing a bus
layover on South Santa Cruz Avenue near the bus depot and eliminate the Civic Center
layover. The option to include access to right-of-way through Montebello and Post Office
employee parking area then looping to lay over on Santa Cruz south of the Post Office. To
go on unfunded capital improvement program list, and the proposal subject to funds
allocated within the Redevelopment Agency's financial ability to fund CIPs within the
project's boundaries. Carried by a vote of 4 ayes. Mrs. Benjamin absent.
TRANSIENT OCCUPANCY TAX/TOWN CODE AMENDMENT/ORDINANCE 1913 (24.05)
Motion by Mr. Blanton, seconded by Mr. Ventura, to 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. Blanton, seconded by Mr. Attaway, that Council introduce and adopt
Urgency Ordinance 1913 entitled, URGENCY ORDINANCE OF THE TOWN OF LOS
GATOS AMENDING ARTICLE III OF CHAPTER 25 OF THE TOWN CODE REGARDING
TRANSIENT OCCUPANCY TAX, which includes the reasons for urgency as stated in the
accompanying report. Carried by a vote of 4 ayes. Mrs. Benjamin absent.
CLASSIC AMERICAN THEATRE/CAT/ALTERNATIVE LOCATION (24A.23)
The following people from the audience spoke to this issue:
James Higgin, Associate Producer for CAT, originally requesting assistance from the Town
in obtaining alternate location for putting on production in month of October and November
due to an overbooking problem with Old Town's Theatre, but changed the opening date to
February instead. Request is now for approval of alternate location for use as prop
assemblage and fundraising location.
Patty Kane, CAT representative, thanked Councilmembers for their support and made
presentations. Requested use of vacant Nissan Volvo site for rehearsals, set assemblage,
and fundraising.
No one else from the audience addressed this issue.
Mayor Carlson directed staff to assist applicants in assessing uses permitted in building in
question.
ADJOURNMENT
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Motion by Mr. Attaway, seconded by Mr. Blanton, to adjourn this evening's meeting at
10:36pm.
Carried by a vote of 4 ayes. Mrs. Benjamin absent.
ATTEST:
Marian V. Cosgrove, Town Clerk
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