M 11-16-92TOWN OF LOS GATOS
CALIFORNIA
TOWN COUNCIL/PARKING AUTHORITY
November 16, 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 7:34 p.m., Monday, November 16, 1992, in
regular session.
ROLL CALL
Present:Randy Attaway, Joanne Benjamin, Steven Blanton,
Brent N. Ventura and Mayor Eric D. Carlson.
Absent:None.
PLEDGE OF ALLEGIANCE
Given by all in attendance.
CLOSED SESSION (00.10)
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 Pending
Litigation: Report regarding Town v. PG&E, et al is delayed until next Closed Session; A
Status report was given on Town V. Haley; Status report was given on Town v. Cupertino
National Bank, et al; Status report was given on the bankruptcy action concerning Los
Gatos Lodge, Inc, Debtor.
Pursuant to Government Code Section 54956.9(c), Council met to discuss Institution of
Litigation regarding Contract Administration - Street Overlay Council authorized settlement
and resolution related to Los Gatos Boulevard overlay crack problems that will ensure
upkeep and maintenance of that street surface for the next four years.
Pursuant to Government Code Section 54957, Council met to discuss a Personnel matter
regarding Town Attorney's assignment to work in Washington D.C. for newly elected
Congressional Representative in the First District of California. Anticipated departure of
Attorney will be end of 1992. Council discussed the possibility of hiring an interim attorney
until a new full time Town Attorney can be selected.
Pursuant to Government Code Section 54957.6, Council met to discuss Labor Relations
regarding pending negotiations.
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PARKING LOT 4/ANNOUNCEMENT OF GRAND OPENING
Mayor Carlson announced the celebration of the opening of the downtown parking lot #4
which occurred today after a lengthy effort.
PARK COMMISSION/COMMENDATIONS/JOSHUA GRAFTON/AIMEE LOEWENSTERN
Mayor Carlson presented commendations to Joshua Grafton and Aimee Elizabeth
Loewenstern for their service on the Park Commission. The students were present to
receive their awards from the Mayor and Park Commissioner Judy Howell.
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HYDROSTATIC MOWER/WEST STAR/BID AWARD (01.28)
Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council award bid to West Star
Distributing for the purchase of a 1993, 16 foot hydrostatic drive mower for a net bid of
$59,422.13. Carried unanimously.
REGENERATIVE AIR SWEEPER/GCS EQUIPMENT/BID AWARD (02.28)
Motion by Mr. Ventura, seconded by Mr. Attaway, that Council award bid to GCS
Equipment Company for the purchase of a 1993 regenerative air sweeper with twin gutter
brooms and dual steering for net bid of $55,257.52. Carried unanimously.
PAYROLL/RATIFICATION/OCTOBER 1992 (04.V)
Motion by Mr. Blanton, seconded by Mr. Ventura, that Council ratify the accompanying
check registers for payroll of October 11 through October 24 in the amount of $209,379.20
paid on October 30, 1992. Carried unanimously.
ACCOUNTS PAYABLE/RATIFICATION/NOVEMBER 1992 (05.V)
Motion by Mr. Blanton, seconded by Mr. Ventura, that Council ratify accompanying check
registers for accounts payable invoices in the amount of $918,292.35 paid on October 30,
November 4 and 6, 1992. Carried unanimously.
QUARTERLY REVENUE REPORT (06.06)
Staff removed this item from the agenda due to a computer problem. It will return to Council
December 7, 1992.
CODE ENFORCEMENT/REFERRALS TO TOWN ATTORNEY (07.47)
Informational item received and filed.
AMICUS BRIEF/ROBERTS/CITY OF PALMDALE (08.01)
Motion by Mr. Blanton, seconded by Mr. Ventura, that Council authorize participation as
amicus in the appeal of Roberts v. City of Palmdale to the California Supreme Court.
Carried unanimously.
MARIA'S BERRY FARM/COMPLETION NOTICE/9213 PROJECT (9A.44)
Motion by Mr. Blanton, seconded by Mr. Ventura, that Council authorize the Mayor to
execute and the Town Clerk to record a Certificate of Acceptance and Notice of Completion
for Project 9213 - Restoration of Maria's Berry Farm. Carried unanimously.
CAMINO DEL CERRO 15945/COMPLETION NOTICE (9B.08)
Motion by Mr. Blanton, seconded by Mr. Ventura, that Council authorize the Mayor to
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execute and the Town Clerk to record a Certificate of Acceptance and Notice of completion
for 15945 Camino Del Cerro. Carried unanimously.
LARK & WINCHESTER/TOWN LOT/CRIPPLED CHILDREN'S SOCIETY (10.23)
Motion by Mr. Blanton, seconded by Mr. Ventura, that Council approve request for
temporary use of the vacant Town owned lot located at the corner of Lark Avenue and
Winchester Boulevard, subject to staff recommendations. Carried unanimously.
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TOWN ENGINEER/TOWN MANAGER/RESPONSIBILITIES/RESOLUTION 1992-201 (11.10)
Motion by Mr. Blanton, seconded by Mr. Ventura, that Council adopt Resolution 1992-
201 entitled, RESOLUTION OF THE TOWN OF LOS GATOS APPOINTING THE TOWN
MANAGER TO ACT AS TOWN ENGINEER FOR THE PURPOSE OF PERFORMING THE
RESPONSIBILITIES SET FORTH IN TOWN CODE SECTION 2.30.025(D). Carried
unanimously.
BRENT N. VENTURA/SERVICE/COMMENDATION/RESOLUTION 1992-202 (14A.43)
Motion by Mr. Blanton, seconded by Mr. Ventura, that Council adopt Resolution 1992-
202 entitled, RESOLUTION OF THE TOWN OF LOS GATOS COMMENDING BRENT N.
VENTURA FOR HIS SERVICE AS A MEMBER OF THE TOWN COUNCIL OF THE TOWN
OF LOS GATOS. Carried by a vote of 4 ayes. Mr. Ventura abstained.
ERIC D. CARLSON/SERVICE/COMMENDATION/RESOLUTION 1992-203 (14B.43)
Motion by Mr. Blanton, seconded by Mr. Ventura, that Council adopt Resolution 1992-
203 entitled, RESOLUTION OF THE TOWN OF LOS GATOS COMMENDING ERIC D.
CARLSON FOR HIS SERVICE AS A MEMBER OF THE TOWN COUNCIL OF THE TOWN
OF LOS GATOS. Carried by a vote of 4 ayes. Mr. Carlson abstained.
JOAN E. SCHREINER/SERVICE/COMMENDATION/RESOLUTION 1992-204 (15.43)
Motion by Mr. Blanton, seconded by Mr. Ventura, that Council adopt Resolution 1992-
204 entitled, RESOLUTION OF THE TOWN OF LOS GATOS COMMENDING JOAN E.
SCHREINER FOR HER SERVICE TO THE TOWN OF LOS GATOS AS TOWN TREASURER.
Carried unanimously.
DEAN CORMANY/COMMUNITY SERVICES/COMMENDATION/RESOLUTION 1992-205
(16.20)
Motion by Mr. Blanton, seconded by Mr. Ventura, that Council adopt Resolution 1992-
205 entitled, RESOLUTION OF THE TOWN OF LOS GATOS COMMENDING DEAN
CORMANY OF THE COMMUNITY SERVICES COMMISSION. Carried unanimously.
TRAFFIC SIGNAL/MORE & POLLARD/AGREEMENT/RESOLUTION 1992-206 (17.40)
Motion by Mr. Blanton, seconded by Mr. Ventura, that Council adopt Resolution 1992-
206 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING POLLARD
ROAD/MORE AVENUE TRAFFIC SIGNAL MAINTENANCE AGREEMENT. Carried
unanimously.
MEYER & REEVES/AGREEMENT/CIVIL LIABILITY EXPOSURE (18.07)
Staff removed this item from the agenda.
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TRACT 8280/VASONA HILLS/SUBDIVISION/AD VALOREM/ASSESSMENT RATE
OPEN SPACE MAINTENANCE DISTRICT/RESOLUTION 1992-207 (21.31)
Motion by Mr. Blanton, seconded by Mr. Ventura, that Council adopt Resolution 1992-
207 entitled, RESOLUTION OF THE TOWN OF LOS GATOS FIXING AND
ESTABLISHING BOUNDARIES AND DECLARING FORMATION OF AN OPEN SPACE
MAINTENANCE ASSESSMENT DISTRICT WITHIN THE BOUNDS OF TRACT 8280,
VASONA HILLS SUBDIVISION, LOCATED AT 300 BLOSSOM HILL ROAD. Carried
unanimously.
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TOURNEY ROAD #5/ANNEXATION/RESOLUTION 1992-208 (22.04)
Motion by Mr. Blanton, seconded by Mr. Ventura, that Council adopt Resolution 1992-
208 entitled, RESOLUTION OF THE TOWN OF LOS GATOS ORDERING THE
ANNEXATION OF CERTAIN UNINHABITED TERRITORY DESIGNATED AS TOURNEY
ROAD #5 TO THE TOWN OF LOS GATOS. Carried unanimously.
PLANNED DEVELOPMENT/EIR/BLOSSOM & SHANNON/RESOLUTION 1992-209
SHADY LANE/SHORT ROAD/SUBDIVISION/ENVIRONMENTAL IMPACT REPORT (23.09)
Motion by Mr. Blanton, seconded by Mr. Ventura, that Council adopt Resolution 1992-
209 entitled, RESOLUTION OF THE TOWN OF LOS GATOS CERTIFYING THE
ENVIRONMENTAL IMPACT REPORT FOR A PROPOSED ZONE CHANGE AND
SUBDIVISION APPLICATION TO DIVIDE 94.7 ACRES OF HILLSIDE LAND INTO 27
SINGLE FAMILY LOTS AND A PLANNED DEVELOPMENT WITH PERMANENT OPEN
SPACE AND PUBLIC TRAILS, which incorporates findings and decisions of the Town
Council meeting of November 2, 1992. Carried by a vote of 3 ayes. Mr. Ventura and Mr.
Attaway voted no for reasons stated in previous record.
PINE AVE 17161/NIELSEN/APPEAL/RESOLUTION 1992-210 (24.09)
Motion by Mr. Blanton, seconded by Mr. Ventura, that Council adopt Resolution 1992-
210 entitled, RESOLUTION OF THE TOWN OF LOS GATOS DENYING AN APPEAL OF A
DECISION OF THE PLANNING COMMISSION TO DENY A REQUEST TO MODIFY
PREVIOUS APPROVALS GRANTED FOR THE CONSTRUCTION OF A SINGLE-FAMILY
RESIDENCE IN THE R-1:8000 ZONE, ARCHITECTURE AND SITE APPLICATION S-81-
35A, which incorporates findings and decisions of the Town Council meeting of November 2,
1992. Carried by a vote of 3 ayes. Mrs. Benjamin and Mr. Blanton voted no for reasons
stated in previous record.
PUBLIC EMPLOYEES' RETIREMENT SYSTEM/PERS/2% AT 55/ORDINANCE 1923 (25.10)
Motion by Mr. Blanton, seconded by Mr. Ventura, that Council adopt Ordinance 1923
entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING CONTRACT
BETWEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES'
RETIREMENT SYSTEM AND THE TOWN OF LOS GATOS TO PROVIDE FOR A 2% AT
55 RETIREMENT BENEFIT, which was introduced at the Council meeting of November 2,
1992. Carried unanimously.
WATER EFFICIENT LANDSCAPING/ORDINANCE 1924 (26.37)
Motion by Mr. Blanton, seconded by Mr. Ventura, that Council adopt Ordinance 1924
entitled, ORDINANCE OF THE TOWN OF LOS GATOS ESTABLISHING REQUIREMENTS
FOR WATER EFFICIENT LANDSCAPING, which was introduced at the Council meeting of
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November 2, 1992. Carried unanimously.
VERBAL COMMUNICATIONS
Dave Weissman and his family came forward to thank Council for their help over the years
and bid farewell to Mr. Ventura and Mayor Carlson.
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HEARINGS
UNION AVE 15521/DOWNING CENTER/TACO BELL/APPEAL/HEARING (27.09)
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 deny a request for approval
of plans for exterior modifications to include a drive through window and permission to
operate a Taco Bell restaurant in the Downing Center on property in the C-1 zone at 15521
Union Avenue, Architecture and Site Application S-92-14 and Conditional Use Permit
Application U-92-11. Property Owner, Arthur Downing et al. Applicant, Gardiner Hammond.
The following people from the audience spoke in favor of this issue:
They expressed the opinion that it would be a corporate run facility with quality food and
control of litter and noise would be addressed, they will work with the community, address
issues as they arise and attempt to be a good neighbor in the community:
Gardiner Hammond, 1149 Chestnut Street, Menlo Park, Representative of Taco Bell Corp.
Arthur Downing, 15551 Union Ave, Owner of Downing Shopping Center.
Ed Lacina, 200 Danville Drive., resident.
Susan Daugherty, 15565 Union Ave., merchant.
Richard Busse, 100 Anne Way, resident.
Terri Provenza, 15559 Union Ave., merchant.
Carol Musser, representing the Chamber of Commerce, spoke in support of this proposal.
The following people from the audience spoke against this issue:
The issues mentioned by the following speakers were traffic, noise, trash, aesthetics and the
loss of quality of life in the neighborhoods surrounding this fast food drive through proposal:
Larry Quezada, 14950 Heather Drive.
Frank Arroyo, 119 Anne Way.
Charles Edward Franks, 101 Anne Way.
Ron Edmondson, 203 Barbara Drive.
Dean Geannacopulos, 233 Thomas Drive.
Jim Rogers, 201 Howes Drive.
Andy Richards, 4951 Paseo Olivos Way, San Jose.
Donald Branzuela, 212 Union Ave.
Larry Fava, 245 Thomas Drive.
Maureen Heberling, 291 Hershner Court.
Bo Conrad, 185 Howes Drive.
Brad Sanfilippo, 15920 Cherry Blossom Lane.
Rodney O'Shea, 244 Union Ave.
Elizabeth Parrott San Juan, 14981 Heather Drive
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No one else from the audience addressed this issue.
Motion by Mr. Attaway, seconded by Mr. Blanton, that Council close the public hearing.
Carried unanimously.
Motion by Mr. Attaway to give this issue a two week continuance for Town to do a more
scientific survey. Motion died for lack of a second.
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HEARINGS CONTINUED
UNION AVE 15521/DOWNING CENTER/TACO BELL CONT.
Motion by Mr. Ventura, seconded by Mr. Attaway, that Council deny the drive through
part of the project due traffic and air quality concerns. Carried unanimously.
Motion by Mr. Ventura, seconded by Mrs. Benjamin, to deny the appeal due to the
generation of traffic, noise and neighborhood impact. Motion failed by a vote of 2 ayes to 3
nos. Mr. Blanton voted no stating that this application could be conditioned to address the
issues raised by the neighbors. Mr. Attaway voted no stating that the corporate run facilities
have less problems than the franchises. Mr. Carlson voted no in order to place another
motion on the table.
Motion by Mr. Blanton, seconded by Mr. Attaway, to refer this item back to the Planning
Commission with the idea of eliminating the fast food nature of the restaurant and address
the concerns which were raised by the neighbors this evening. Carried unanimously.
Mrs. Benjamin stated for the audience that a restaurant is still being considered for this
location but the fast food nature has been eliminated. Council is asking for neighbors input
regarding design of restaurant in that area. There will be at least two more public hearings
concerning this proposal.
BLOSSOM HILL ROAD 615/APARTMENT CONVERSION TO CONDOS/APPEAL/HEARING
(28.09)
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 deny a request for approval
to convert 54 apartment units to condominiums on property in the RM:5-12 zone, Conditional
Use Permit Application U-75-3A and Zone Change Application Z-92-5. Property located at
615 Blossom Hill Road. Property Owner, Steve Dilbeck.
The following people from the audience spoke to this issue:
Frank Borges, 4363 Parker Hill Road, of Frank Borges and Associates, spoke in favor of
the project and explained the history of this proposal.
Michael Ellsworth, 615 Blossom Hill Road, tenant, would enjoy this opportunity.
No one else from the audience addressed this issue.
Motion by Mr. Ventura, seconded by Mr. Blanton, that Council close this public hearing.
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Carried unanimously.
Motion by Mr. Ventura, seconded by Mr. Attaway, that Council uphold the Planning
commission's decision and deny Conditional Use Permit Application U-75-3A and Zone
Change Application Z-92-5 so as to protect the affordable rental housing within Town and
continue the present demographics as they are reflected in Town policy at this time. Carried
unanimously.
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HEARINGS CONTINUED
BUSINESS IMPROVEMENT DISTRICT/REESTABLISHMENT/1992-93/HEARING (29.43)
Mayor Carlson stated that this was the time and place duly noted for public hearing to
consider reestablishing the Business Improvement Area known as "The Downtown Los
Gatos Business Improvement District" and amending the boundaries and assessments.
Mr. Ventura, removed himself from the podium due to a possible conflict of interest as
stated in previous record.
Mr. Linder, Assistant Town Manager, stated that the following petitions had been submitted
to disestablish the BID: $58,175.00 signed petitions to disestablish before the staff report
was written; additional petitions before this evening's meeting totaling $4,300.00; Total
petitions to disestablish now $62,475.00; Petitions rescinding previous signature to
disestablish received before this meeting $6, 200.00; Giving final total of $56,275.00 or
42.7% of the total potential district votes.
Mayor Carlson opened the hearing on the disestablishment of the Business Improvement
District. The law prescribes that if 50% of the votes are against the BID then Council must
disestablish.
The following people from the audience spoke to this issue:
Against the BID:
Michael Silva, P.O.Box 1599, S. Santa Cruz Ave., representing the No BID Committee,
questioned the count of the petitions that had been submitted for disestablishment of the
BID. Questioned the base and the method of calculating the percentage for continuance of
the BID. Spoke about the 313 petitions submitted disapproving of BID.
Elena Mariano, 236 N. Santa Cruz Ave., #102D, asked to disband.
Michael Stevens, 7-11 owner at 280 E. Main St., asked to disband.
Steven Wood, 236 N. Santa Cruz, #108, spoke against the district.
Scott Wagner, 465 N. Santa Cruz Ave., against the BID.
Paul Tumason, 291 E. Main Street, not in favor of district.
Jerome Kotoske, 246 Saratoga Ave., wishes disbandenment.
Dennis Nunes, 22-B S. Santa Cruz Ave., asked for end to BID
Ardith Sams, 522 Newville Drive, spoke against the BID and in support of the Chamber of
Commerce.
Terry Easton, 1161 Cherry Street, of San Carlos, gave background of the BID in his city
and work on disestablishment.
David Haslett, S. Santa Cruz, finds no benefit from the BID
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Marilee Hart, business owner, resented not having a choice in participating in BID.
Preston Hill, Main Street office, asked for clarification of law regarding BID and answers to
several questions regarding the statue and method of establishment.
Valerie Quinnan, 23 W. Main St., against the BID.
Ted Romero, 108 N. Santa Cruz, against the district.
Jerry Pena, 20 S. Santa Cruz Ave., #106, spoke against.
Romeo Gasparin, 465 N. Santa Cruz, spoke against.
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HEARINGS CONTINUED
BUSINESS IMPROVEMENT DISTRICT CONT.
Supports BID:
Joe Hargett, Downtown Association, P.O.Box 291, relayed the history of the formation of
the BID after the '89 Earthquake and the direction of positive Town renovation and
regeneration with merchants and government working together as a municipal community.
Sandra Eddy, 210 N. Santa Cruz Ave., spoke in support of program and merchants
cooperating in a joint effort.
Eli Hruska, 51 University Ave. spoke in support.
Charles Spencer, 81 W. Main St., in favor.
Marie Hochman, 50 University Ave., supported the BID
Shirley Henderson, 6 University Ave., supports the business district.
Parker Stokes, 15085 E. Zayante Rd., supports district and spoke to the amount of work
done in speaking to all concerned business members.
Gloria LeBlanc, 240 Montclair Rd., supports the cooperative nature of the BID.
Loren McRoberts, 818 Cherrystone Drive, representing the Real Estate Board expressed
support the BID.
Paul Dorsa, 140 W. Main St., stated the openness of the BID meetings.
Carol Musser, representing the Chamber of Commerce, stated full support of the BID.
Terri Hope, business owner, supports the district.
Tom Chang, 46 East Main Street, in full support of BID.
Larry Arzie, N. Santa Cruz, after reconsideration is in full support.
Seb Harmajian, Gallery on N. Santa Cruz, favors the cooperative nature of the BID.
Don Wolfe, 105 N. Santa Cruz, supports BID.
No one else from the audience addressed this issue.
Motion by Mr. Attaway, seconded by Mr. Blanton, to close the public hearing on the
disestablishment of the BID. Carried by a vote of 4 ayes. Mr. Ventura abstained.
Assistant Manager, Mark Linder, presented the final totals regarding the disestablishment
of the BID as follows: Petitions received were 42.7% of $131,575.00 total taken of the BID
as of October 21, 1992 as directed by Council after the last meeting concerning this issue.
Kate Anderton, Town Attorney, stated that Council could move forward with
disestablishment; convene a public hearing on the options of a BID; or not disestablish and
continue as it stands.
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The question was raised by the Mayor as to whether a motion for disestablishment would be
made. Councilmembers did not choose to disestablish at this time.
Mr. Blanton had questions regarding BID Board compliance to the Brown act, Public
Records Act, Purchasing procedures, and the Political Reform Act. Mrs. Anderton
responded that it would be appropriate for the Board to abide by all these legal requirements
and for the Town to amend its Conflict of Interest Code to include the BID Board.
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HEARINGS CONTINUED
BUSINESS IMPROVEMENT DISTRICT CONT.
Mayor Carlson, Mr. Attaway and Mrs. Benjamin spoke of reestablishment and cooperation
among downtown merchants. The following are some thoughts and suggestions: current
board to hold its own pre-meeting and make suggestions to the Council as to what should be
done; to put on hold the BID assessment and just have the district use the Town license
fees of $55,000 dollars so as not to charge members more than those not participating in
BID; Town and business community to work together; BID and NO BID to communicate at
meeting and voice concerns; work in a positive direction so that everyone has their say in
reestablishment of bid; after meeting, BID to bring results to Council with recommendations;
notify all in the bid district of town wide meeting; submit proposal on how to reestablish on a
more voluntary basis; BID may become just an umbrella for something entirely different
which fits more appropriately in our Town; reestablishment will be the only topic of the pre-
meeting, and Town will help with the notification.
Mrs. Anderton stated that having adopted the Resolution of Intention to assess the annual
levy, which is the action which must be taken every year if the choice is to levy an
assessment for the following fiscal year, at the last meeting and setting tonight for the public
hearing on that Resolution of Intention, the options of Council at this point are to either: 1)
open the public hearing and continue it to a date in the future within 30 days, or; 2) to begin
anew the process of adopting a Resolution of Intent to set assessment and hold public
hearing.
Motion by Mr. Blanton, seconded by Mr. Attaway, that Council reschedule to January 19,
1992 as the time for the public hearing on reestablishment of the BID, and set the meeting of
January 4, 1992 for the Resolution of Intention to form the BID and hold the hearing. Carried
by a vote of 4 ayes. Mr. Ventura abstained.
PAST MIDNIGHT
Motion by Mr. Ventura, seconded by Mr. Attaway, that Council continue this evening's
meeting past midnight. Carried unanimously.
GREENRIDGE TERRACE 16070/APPEAL DECISION OF SCC HEALTH OFFICER (30.09)
Mayor Carlson stated that this was the time and place duly noted for public hearing to
consider Duane and Susan Fish Appeal of Santa Clara County Health Officer's decision
concerning a possible health hazard at 16070 Greenridge Terrace.
The following people from the audience spoke to this issue:
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Susan Fish, 16070 Greenridge Terrace, presented information regarding the appeal
concerning water seepage on the property.
Ruth Guevara, 16245 Greenridge Terrace, gave information regarding their septic tank and
property.
No one else from the audience addressed this issue.
Motion by Mr. Ventura, seconded by Mr. Attaway, that Council close this public hearing.
Carried unanimously.
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HEARINGS CONTINUED
GREENRIDGE TERRACE CONT.
Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council uphold the
determination of the Health Officer of Santa Clara County and deny the appeal. Carried
unanimously.
Motion by Mr. Ventura, seconded by Mr. Blanton, that Council address a letter to the
Regional Water Quality Board, to investigate the Fish's property once more in an attempt to
locate and identify the problem and cause. Carried unanimously.
Motion by Mrs. Benjamin, seconded by Mr. Carlson, to review the Town Code regarding
this issue and correct the anomaly found there. Carried unanimously.
MINUTES OF NOVEMBER 2, 1992 (31.V)
Consensus of Council to continue this item to December 7, 1992. Carried unanimously.
CALLE DE LOS GATOS/PARKING/LOT 4/8805 PROJECT
SOUTHERN PACIFIC RIGHT-OF-WAY/STREET NAMING (32.35)
Mayor Carlson stated that this was the time and place duly noted to consider approving
"Calle De Los Gatos" as the street name for the Southern Pacific Right-of-Way from Main
Street to Andrews Street.
Motion by Mrs. Benjamin, seconded by Mr. Attaway, that Council find that Calle De Los
Gatos is a more fitting name than those found on the "Historic Street name List" and that
Council approve Calle De Los Gatos as the name for the former Southern Pacific Right-of-
Way from Main Street to Andrews Street. Carried unanimously.
WEDGEWOOD AVE/ABANDONMENT (33.08)
Council consensus to continue this item to the December 7, 1992 Council meeting so as to
clarify several issues that have been raised. Carried unanimously.
BACHMAN PARK/PLAYGROUND EQUIPMENT (34.25)
Council consensus to accept report regarding installation of playground equipment at
Bachman Park. Carried unanimously.
SCHEDULE OF PUBLIC HEARINGS (03.01)
Informational report regarding currently scheduled public hearings was received and filed.
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Motion by Mrs. Benjamin, seconded by Mr. Attaway, that Council cancel the regular
meeting of December 21, 1992 due to lack of business and public hearings and move the
normally scheduled interviews and appointments to boards and commissions to January 4,
1992. Carried unanimously.
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SANTA CRUZ AVE S 142/VACATION/RIGHT-OF-WAY/RESOLUTION 1992-211 (12.08)
Motion by Mr. Ventura, seconded by Mr. Attaway, that Council adopt Resolution 1992-
211 entitled, RESOLUTION OF THE TOWN OF LOS GATOS ORDERING THE VACATION
OF EXCESS PUBLIC STREET RIGHT-OF-WAY AT 142 S. SANTA CRUZ AVENUE.
Carried unanimously.
ROBERTS ROAD 17020/CELLULAR TRANSCEIVER FACILITY/RESOLUTION 1992-212
ENVIRONMENTAL SCIENCE ASSOCIATES (13.09)
Motion by Mrs. Benjamin, seconded by Mr. Ventura, that Council adopt Resolution 1992-
212 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING TOWN
MANAGER TO EXECUTE AMENDED AGREEMENT WITH ESA, INC. AMENDING
INDEMNIFICATION REQUIREMENTS FOR PREPARATION OF AN EIR FOR
CONSTRUCTION OF A CELLULAR TRANSCEIVER FACILITY AT 17020 ROBERTS ROAD.
Carried unanimously.
SCHOOL RESOURCE OFFICER PROGRAM GRANT/RESOLUTION 1992-213 (19.07)
Motion by Mr. Ventura, seconded by Mrs. Benjamin, that Council adopt Resolution 1992-
213 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN
MANAGER TO SUBMIT A PROPOSAL TO THE OFFICE OF CRIMINAL JUSTICE
PLANNING FOR A SCHOOL RESOURCE OFFICER PROGRAM GRANT. Carried
unanimously.
EQUITY SHARING AGREEMENT/TODD/RESOLUTION 1992-214 (20.01)
Mayor Carlson asked staff to return with a draft Council Policy articulating the circumstances
and criteria for the Council's future consideration of Town assistance with staff housing
costs.
Motion by Mr. Attaway, seconded by Mr. Ventura, that Council adopt Resolution 1992-
214 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN
MANAGER TO SIGN AN EQUITY SHARING AGREEMENT WITH THE CHIEF OF
POLICE, LARRY J. TODD, the agreement having the following amendment in the last
sentence of paragraph 4. "The Town acknowledges and agrees that some of Todds'
contribution may be made in the form of a bank loan secured by a first deed of trust on the
Property up to an amount approved by the Town Council." Carried by a vote of 4 ayes. Mr.
Blanton voted no. His statement for the record is that this agreement is a loan and not a gift,
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Los Gatos, California
and has the obligation to repay the Town full percentage of equity growth at time of sale, but
he wants further assurance that the Town will receive its full principle back in the event of
loss rather than gain in real estate equity.
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November 16, 1992
Los Gatos, California
MAYOR AND VICE MAYOR ELECTIONS (36.10)
Motion by Mr. Attaway, seconded by Mr. Ventura, that Council elect Joanne Benjamin
Mayor for the year 1993. Carried by a vote of 4 ayes. Mrs. Benjamin abstained.
Motion by Mr. Blanton, seconded by Mr. Carlson, that Council elect Randy Attaway Vice
Mayor for the year 1993. Carried by a vote of 4 ayes. Mr. Attaway abstained.
ADJOURNMENT
Motion by Mr. Carlson, seconded by Mr. Attaway, that Council adjourn this evening's
meeting at 12:45 p.m. to Closed Session regarding Personnel, November 23, 1992 at 7:00
p.m. Carried unanimously.
ATTEST:
Marian V. Cosgrove
Town Clerk
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