M 08-17-92TOWN OF LOS GATOS
CALIFORNIA
TOWN COUNCIL/PARKING AUTHORITY
August 17, 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 7:48 p.m., Monday, August 17, 1992, in regular
session.
ROLL CALL
Present:Joanne Benjamin, Steven Blanton,
Brent N. Ventura and Mayor Eric D. Carlson.
Absent:Randy Attaway.
PLEDGE OF ALLEGIANCE
Given by all in attendance.
PERSONNEL BOARD/APPOINTMENTS/RUSS COONEY/RICHARD KARNAN (00.20)
Mayor Carlson announced that three applications from Russell Cooney, Linda Erikson and
Richard Karnan had been received for two vacancies on the Personnel Board. Voting was
held and Russ Cooney was reappointed to a term to expire September 1, 1994, and Richard
Karnan was appointed to a term to expire September 1, 1997.
CLOSED SESSION
Kate 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), Pending Litigation, to
discuss the following items:
Town of Los Gatos vs PG&E/Beatrice/ConAgra. At the last case management conference
on August 11, 1992, no trial date had been set but the conference was continued to
September 15, 1992 at which time a trial date may be set.
Town of Los Gatos vs Haley Appraisal and Town of Los Gatos vs Zaloumis, et al. The
status of these two cases in their preliminary stages was reported to Council.
County of Santa Clara vs All Persons interested in the Matter of the Approval and
Confirmation of a Settlement Agreement Among the State Board of Equalization, et al.
Council consented to the settlement that had been reached in this class action case and
instructed that no further appearances be made in this matter.
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De Bono vs Town of Los Gatos. The status of the case in which arbitration award has been
reached was reported to Council.
Babineau vs Town of Los Gatos. It was reported that this case is going to trial at the end of
September and the matters associated with initiation of that trial.
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CLOSED SESSION CONT.
Mid Peninsula Regional Open Space District vs Town of Los Gatos. Status was reported
including the fact that there is a case management conference scheduled tomorrow morning
in Superior Court in San Jose.
Pursuant to Government Code Section 54956.9(c), Council met to discuss Initiation of
Litigation regarding Unpaid Transient Occupancy Tax and the Los Gatos Boulevard Overlay.
The status of initiation of litigation was discussed and efforts explored to avoid the initiation
of formalities through some possible informal resolution.
SCHEDULE OF PUBLIC HEARINGS (01.01)
Informational report regarding currently scheduled public hearings was received and filed.
COUNTY REFERRALS (02.47)
Motion by Mr. Ventura, seconded by Mrs. Benjamin,that Council approve the
recommended action concerning County Referrals:
REFERRAL #LOCATION APPLICANT REQUEST
RECOMMENDATION
Projects Outside the Urban Service Area:
1423 14926 Diduca Way McNabb Grading/Design Approval
with
Review five
conditions
5131 14805 Sky Lane Lindy Building Site Approval
with
Design Review ten conditions
Carried by a vote of 4 ayes. Mr. Attaway absent.
PLANNING COMMISSION/PLANNING DEPARTMENT MONTHLY STATUS REPORT (03.47)
Informational report regarding activity of Planning Commission and Department was
received and filed.
COUNCIL CALENDAR OF MEETINGS (04.10)
Informational item presenting future Town Meetings for Council and other Town Boards and
Commissions was received and filed.
PAYROLL/RATIFICATION/JULY 1992 (05.V)
Motion by Mr. Ventura, seconded by Mrs. Benjamin, that Council ratify the accompanying
check registers for payroll of July 5 through July 18 and July 19 through August 1, 1992 in
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the amount of $451,805.88 paid on July 24 and August 7, 1992. Carried by a vote of 4
ayes. Mr. Attaway absent.
ACCOUNTS PAYABLE/RATIFICATION/JULY 1992 (06.V)
Motion by Mr. Ventura, seconded by Mrs. Benjamin, that Council ratify accompanying
check registers for accounts payable invoices in the amount of $1,110,890.01 paid on July
24, 31 and August 7, & 14, 1992. Carried by a vote of 4 ayes. Mr. Attaway absent.
CODE ENFORCEMENT/REFERRALS TO TOWN ATTORNEY (07.47)
Informational item received and filed.
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CLAIM REJECTION/CHRISTINE FEINSTEIN (08A.01)
Motion by Mr. Ventura, seconded by Mrs. Benjamin, that Council reject the claim of
Christine Feinstein filed July 8, 1992 with the Town Clerk. Carried by a vote of 4 ayes. Mr.
Attaway absent.
CLAIM REJECTION/LEO MANIGLIA (08B.01)
Motion by Mr. Ventura, seconded by Mrs. Benjamin, that Council reject the claim of Leo
Maniglia filed July 9, 1992 with the Town Clerk. Carried by a vote of 4 ayes. Mr. Attaway
absent.
CLAIM REJECTION/VICKI LUNDY (08C.01)
Motion by Mr. Ventura, seconded by Mrs. Benjamin, that Council reject the claim of Vicki
Lundy filed July 10, 1992 with the Town Clerk. Carried by a vote of 4 ayes. Mr. Attaway
absent.
FUND TRANSFER/MANAGER'S OFFICE/VACATION RELIEF/BUDGET (10.06)
Motion by Mr. Ventura, seconded by Mrs. Benjamin, that Council approve transfer of
$1,500 from Account 2010-60010 (Materials and Supplies) to Account 2010-51300 (Salaries)
and $132 from Account 2010-60010 (Materials and Supplies) to Account 2010-5200 (Fringe)
to provide vacation relief in Town Manager's Office. Carried by a vote of 4 ayes. Mr.
Attaway absent.
REGIONAL GOVERNANCE/ABAG'S POSITION (12.17)
Motion by Mr. Ventura, seconded by Mrs. Benjamin, that Council direct staff to prepare a
letter to be signed by the Mayor addressing the following issues:
1. Municipalities should not lose any land use, regulatory or finance decision authority.
2. The area covered by the regional agency should be large enough to represent a true
regional
area.
3. There must be a reduction in bureaucracy (elimination of two or more existing regional
agencies resulting in streamlined procedures.)
4. Small cities should have equal status with large cities and counties. Representation
could
be based on the Federal bi-cameral model.
5. Municipalities should be able to appoint their own representatives or representatives
should
be elected directly by the citizens. The appointments should not be made by the governor
or the legislature.
Carried by a vote of 4 ayes. Mr. Attaway absent.
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NONPOINT SOURCE/PERSONNEL/STORM DRAIN STENCILING (13.37)
Motion by Mr. Ventura, seconded by Mrs. Benjamin, that Council increase the budget for
non-point-source fee by $62,110 (account 400-48503); increase the budget for salaries by
$16,875 (account 4400-51100); increase the budget for benefits by $5,125 (account 4400-
52000); reduce the budget for materials by $19,890 (account 4400-60500); and authorize
staff to recruit volunteers for the storm drain stenciling project. Carried by a vote of 4 ayes.
Mr. Attaway absent.
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HISTORIC PRESERVATION COMMITTEE/PATRICIA ANDERSON
RESOLUTION 1992-149 (15.20)
Motion by Mr. Ventura, seconded by Mrs. Benjamin, that Council adopt Resolution 1992-
149 entitled, RESOLUTION OF THE TOWN OF LOS GATOS COMMENDING PATRICIA
ANDERSON FOR HER SERVICE AS A MEMBER OF THE HISTORIC PRESERVATION
COMMITTEE. Carried by a vote of 4 ayes. Mr. Attaway absent.
COMMENDATION FOR YEARS OF SERVICE/JEAN KRCIK/RESOLUTION 1992-150 (16.43)
Motion by Mr. Ventura, seconded by Mrs. Benjamin, that Council adopt Resolution 1992-
150 entitled, RESOLUTION OF THE TOWN OF LOS GATOS COMMENDING JEAN
KRCIK FOR 20 YEARS OF PUBLIC SERVICE TO THE TOWN OF LOS GATOS. Carried by
a vote of 4 ayes. Mr. Attaway absent.
TOWN ATTORNEY/AGREEMENT WITH TOWN/RESOLUTION 1992-151 (17.10)
Motion by Mr. Ventura, seconded by Mrs. Benjamin, that Council adopt Resolution 1992-
151 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AMENDING LETTER OF
AGREEMENT BETWEEN THE TOWN OF LOS GATOS AND TOWN ATTORNEY. Carried
by a vote of 4 ayes. Mr. Attaway absent.
SCHOOL'S OPEN-DRIVE CAREFULLY/RESOLUTION 1992-152 (18.43)
Motion by Mr. Ventura, seconded by Mrs. Benjamin, that Council adopt Resolution 1992-
152 entitled, RESOLUTION OF THE TOWN OF LOS GATOS PROCLAIMING THE
MONTH OF SEPTEMBER AS "SCHOOL'S OPEN-DRIVE CAREFULLY" MONTH. Carried
by a vote of 4 ayes. Mr. Attaway absent.
CLASSIFICATION PLAN/FOR YEAR 1992-93/RESOLUTION 1992-153 (19.10)
Motion by Mr. Ventura, seconded by Mrs. Benjamin, that Council adopt Resolution 1992-
153 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AMENDING POSITION AND
CLASSIFICATION PLAN FOR FISCAL YEAR 1992-93 EFFECTIVE JULY 1, 1992
THROUGH JUNE 30, 1993. Carried by a vote of 4 ayes. Mr. Attaway absent.
EMPLOYEE ASSISTANCE PROGRAM/PERSONAL PERFORMANCE CONSULTANTS OF
CALIFORNIA/RESOLUTION 1992-154 (20.10)
Motion by Mr. Ventura, seconded by Mrs. Benjamin, that Council adopt Resolution 1992-
154 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN
MANAGER TO SIGN AN AGREEMENT WITH PERSONAL PERFORMANCE
CONSULTANTS OF CALIFORNIA, INC. Carried by a vote of 4 ayes. Mr. Attaway absent.
NATIONAL SHOOTING CLUB/POLICE DEPARTMENT/RESOLUTION 1992-155 (21.07)
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Motion by Mr. Ventura, seconded by Mrs. Benjamin, that Council adopt Resolution 1992-
155 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN
MANAGER TO EXECUTE AN AGREEMENT WITH NATIONAL SHOOTING CLUB FOR
THE USE OF THEIR FIREARMS RANGE. Carried by a vote of 4 ayes. Mr. Attaway absent.
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NEIGHBORHOOD CENTER/TRANSPORTATION AGENCY/RESOLUTION 1992-156 (22.44)
Motion by Mr. Ventura, seconded by Mrs. Benjamin, that Council adopt Resolution 1992-
156 entitled, RESOLUTION OF THE TOWN OF LOS GATOS REGARDING USE OF
NEIGHBORHOOD CENTER BY SANTA CLARA COUNTY TRANSPORTATION AGENCY.
Carried by a vote of 4 ayes. Mr. Attaway absent.
PLANNING COMMISSION/TERMS & COMPOSITION/ORDINANCE 1910 (23.20)
Motion by Mr. Ventura, seconded by Mrs. Benjamin, that Council adopt Ordinance 1910
entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING SECTION 20.20.015
OF THE TOWN CODE SETTING THE COMPOSITION, APPOINTMENT, AND TERMS OF
OFFICE FOR MEMBERS OF THE PLANNING COMMISSION, which was introduced at the
Town Council meeting of July 20, 1992. Carried by a vote of 4 ayes. Mr. Attaway absent.
TOWN FIRE CODE 1991/ORDINANCE 1911 (24.13)
Motion by Mr. Ventura, seconded by Mrs. Benjamin, that Council adopt Ordinance 1911
entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING, RESCINDING AND
ADDING SECTIONS TO CHAPTER 9 OF THE TOWN OF LOS GATOS TOWN CODE
RELATING TO FIRE PREVENTION AND PROTECTION REGULATIONS AND ADOPTING
THE 1991 UNIFORM FIRE CODE WITH 1991 STATE OF CALIFORNIA AMENDMENTS,
which was introduced at the Town Council meeting of July 10, 1992. Carried by a vote of 4
ayes. Mr. Attaway absent.
VERBAL COMMUNICATIONS
WATER SEEPAGE ON PROPERTY
Susan Fish, 16070 Greenridge Terrace, updated Council on events relating to water
seepage on her property, and appealed to Council for help in solving this problem. Council
concluded that staff could work on this issue and referred the item to the Town Manager for
further review and assignment.
HEARING
COMMERCIAL & RESIDENTIAL DESIGN GUIDELINES (25.47)
Mayor Carlson stated that this was the time and place duly noted for public hearing to
consider adoption of resolution approving commercial and residential design guidelines as
recommended by Planning Commission.
No one from the audience addressed this issue.
Motion by Mr. Ventura, seconded by Mrs. Benjamin, that Council close the public
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hearing. Carried by a vote of 4 ayes. Mr. Attaway absent.
Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council approve in concept the
guidelines as submitted this evening, and redirect the subcommittee and staff to work out the
inconsistencies. The conceptual document may be used by the public with the word draft
marked on it. Carried by a vote of 4 ayes. Mr. Attaway absent.
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MINUTES OF JULY 6, 1992 (26A.V)
Motion by Mr. Blanton, seconded by Mrs. Benjamin that Council approve the Minutes of
July 6, 1992 as submitted with corrections. Carried by a vote of 4 ayes. Mr. Attaway
absent.
MINUTES OF JULY 20, 1992 (26B.V)
Motion by Mr. Blanton, seconded by Mrs. Benjamin that Council approve the Minutes of
July 20, 1992 as submitted. Carried by a vote of 4 ayes. Mr. Attaway absent.
TREASURER'S REPORT/JUNE 1992 (27.V)
Informational report submitted by the Treasurer to the Council for the month of June 1992,
received and filed.
RENT CONTROL/PASS TROUGH OF DEBT SERVICE/URGENCY ORDINANCE 1912 (28.16)
Mayor Carlson stated that this was the time and place duly noted to consider introducing and
adopting amendment to urgency ordinance preventing rent increases attributable to
increased costs of debt service.
Motion by Mr. Ventura, seconded by Mrs. Benjamin, to waive the reading of the amended
ordinance. Carried by a vote of 4 ayes. Mr. Attaway absent. The Town Clerk read the Title
of the Ordinance.
Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council introduce and adopt
amendment to Urgency Ordinance 1912 entitled, URGENCY ORDINANCE OF THE TOWN
OF LOS GATOS TO AMEND ORDINANCE 1906 SUSPENDING PROVISIONS OF
SECTION 14.80.315 OF THE TOWN CODE REGARDING RENT INCREASES TO PASS
THROUGH INCREASED DEBT SERVICE, in Mobile Home Parks to December 2, 1992.
Carried by a vote of 4 ayes. Mr. Attaway absent.
ROOFING MATERIALS/HAZARDOUS FIRE AREA (29.13)
Town Attorney suggested that those Councilmembers who do live in the fire zone not
participate in the discussion.
Consensus of Council to reset the public hearing and consider Class "A" only in the fire
hazard area and consider a prohibition on certain types of tile or metal recovers.
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BILLY JONES WILDCAT RAILROAD CAROUSEL BUILDING/OAK MEADOW PARK
PERMIT FEES/FUND TRANSFERS (30.44)
Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council authorize transfer of
$854 from the unrestricted reserve to Planning and Building Department revenue accounts
to cover permit fees required for addition of storage area to the Billy Jones Wildcat Railroad
Carousel Building at Oak Meadow Park. Carried by a vote of 4 ayes. Mr. Attaway absent.
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SALE OF TOWN PROPERTY/817 WEST I STREET, BENICIA/RESOLUTION 1992-157
(30A.44)
Town Attorney, Kate Anderton, expressed the opinion that Council must make the finding
that the need for the action associated with this agenda item arose after that posting of the
completed agenda. The change in circumstances arose today and the need for action
occurred after the posting of the agenda on Friday. This late addition to the agenda
authorizes the Town Manager to execute necessary documents to convey title to a property
owned by the Town's deferred compensation plan in Benicia. Due to transition of
management of the deferred compensation plan the custodian, Cupertino National Bank,
transferred title today to the Town. Sale of the property was authorized during the time the
bank, as custodian, held title and the bank was authorized to execute the documents. Action
tonight simply transfers authority to execute documents.
Motion by Mr. Ventura, seconded by Mrs. Benjamin, that due to action which occurred
today, Council makes the findings consistent with the opinion of the Town Attorney in
consideration of authorizing Town Manager to execute documents necessary for the sale of
town property located at 817 West I Street, Benicia. Carried by a vote of 4 ayes. Mr.
Attaway absent.
Motion by Mr. Ventura, seconded by Mrs. Benjamin, that Council adopt Resolution 1992-
157 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN
MANAGER TO EXECUTE DOCUMENTS NECESSARY FOR SALE OF TOWN PROPERTY
AT 817 WEST I STREET BENICIA, CALIFORNIA. Carried by a vote of 4 ayes. Mr.
Attaway absent.
RENT INCREASES/MOBILE HOMES/TOWN CODE AMENDMENTS (31.16)
Mayor Carlson stated that this was the time and place duly noted for public hearing to
consider possible revisions to Town Code Section 14.80 Division 4 to revise criteria for
evaluating reasonableness of rent increases to mobile homes.
The following people from the audience spoke to this issue:
Regina Falkner, Community Services Director, gave a synopsis of the subcommittee
meeting and conclusions reached. Further discussion suggested that there be separate
ordinances to deal with apartments vs mobile units in regard to the increase of rents.
Jack Cole, 14685 Oka Road, #53, asked that the report be sent to the rent advisory
committee, and would appreciate receiving the agenda earlier. He asked that the draft
ordinance contain the following items: 1. the amount of annual rent increase (present 5%
excessive); 2. the net operating index used; 3. vacancy control (is not reflected in the
current ordinance); 4. debt service.
John Kunis, 14685 Oka Road, spoke for the elderly people living at the mobile park and
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asked for some further controls.
Katherine Lynch, 14685 Oka Road, asked for more immediate action from Council and
favored control for rent increases.
Jourdan Clish, 14685 Oka Road, #52, stated his approval of the subcommittee's work and
the focus on specific issues; he does not favor the conclusion on debt service; would prefer
to see the NOI approach; would also like to consider a separate ordinance for mobile
homes.
Jerry Mirassou, 8519 Delahye Circle, Sacramento, Co-owner of Bonnie View Mobile Park,
appreciated the work done on this issue over many years, and asked for consideration for
park owners who voluntarily provide subsidies for low income renters in their park.
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RENT INCREASES/MOBILE HOME PARKS/CONT.
Bill Kraus, 484 Woodland Ave, #17, asked for sub-committee to consider an annual
proactive service reduction review process which may require rent reductions when
decrease in service has been documented.
No one else from the audience addressed this issue.
Consensus of Council to have the subcommittee continue to deal with the following issues:
rent increase threshold; debt service issue; separate ordinance that contains a service
review when rent increase is requested (which may trigger a rent decrease); consideration
to those owners that give subsidies to low income renters; stronger urgency ordinance
freezing rents until determination on draft ordinance has been made; vacancy control needs
continued work which may take more time than the other issues. Hearing to consider the
draft ordinance to be set for September 21, 1992.
Staff reported that there will be a Rent Advisory Committee/Subcommittee meeting
September 2, 1992, at 2:30 p.m. at the Los Gatos Mobile Home Park. After an hour the
meeting will progress to the Bonnie View Mobile Home Park and conclude business in the
recreation room. Council also encouraged those that wish to communicate with Council to
contact members anonymously by letter or phone if there is a perceived problem with direct
contact.
SAN FRANCISCO GIANTS/TRANSFER TO FLORIDA/RESOLUTION 1992-158 (32.17)
Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council adopt Resolution 1992-
158 entitled, RESOLUTION OF THE TOWN OF LOS GATOS REQUESTING THE
COMMISSIONER OF BASEBALL TO DENY THE TRANSFER OF THE SAN FRANCISCO
GIANTS TO FLORIDA UNTIL ADEQUATE TIME HAS BEEN PROVIDED FOR A LOCAL
BAY AREA INVESTOR TO MAKE AN OFFER. Carried by a vote of 4 ayes. Mr. Attaway
absent.
LEAGUE OF CALIFORNIA CITIES/ANNUAL CONFERENCE/VOTING DELEGATE (33.10)
Motion by Mr. Blanton, seconded by Mr. Carlson, that Council appoint Mr. Ventura to act
as voting delegate, Mrs. Benjamin to act as the alternate, and to inquire of Mr. Attaway as to
whether he would like to attend the Annual League of California Cities Conference to be held
October 10 through October 13, 1992 in Los Angeles. Carried by a vote of 4 ayes. Mr.
Attaway absent.
PARKING/LOT 4/8805 PROJECT/UTILITY UNDERGROUNDING FUNDS/BUDGET (09.06)
Motion by Mr. Ventura, seconded by Mr. Blanton, that Council approve transfer of
$150,976 from utility undergrounding funds (Account 473-99472) to Parking Lot 4 project
(Account 472-4947) and increase Parking Lot 4 construction budget (Account 472-8550)
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from $2.5 million to $2,650,976. Carried by a vote of 4 ayes. Mr. Attaway absent.
UTILITY UNDERGROUNDING/CIP/UNIVERSITY AVE (14.24)
Motion by Mr. Ventura, seconded by Mr. Blanton, that Council approve the Capital
Improvement Program (CIP) project for undergrounding of University Avenue utilities (in two
phases) for fiscal years 1993-94 and 1994-95, and approve the policy which allows for the
undergrounding of service laterals using Utility Underground funds or Rule 20A monies as
appropriate. Carried by a vote of 4 ayes. Mr. Attaway absent.
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SMART CORRIDOR/FREEWAY 17/TRANSPORTATION (11.38)
Informational report regarding participation in the Smart Corridor Program so as to reduce
congestion and use the transportation system cost effectively. Council discussed this item
and pointed out the potential for abuse to Los Gatos streets and the need for caution as the
program progresses.
ADJOURNMENT
Motion by Mr. Blanton, seconded by Mrs. Benjamin that Council adjourn this evening's
meeting at 9:13 p.m. Carried by a vote of 4 ayes. Mr. Attaway absent.
ATTEST:
Camille McGrail
Deputy Town Clerk
Marian V. Cosgrove
Town Clerk
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