M 02-03-92TOWN OF LOS GATOS
CALIFORNIA
TOWN COUNCIL/PARKING AUTHORITY
February 3, 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 7:36 p.m., Monday, February 3, 1992 in regular
session.
ROLL CALL
Present:Randy Attaway, Joanne Benjamin, Steven Blanton, and
Mayor Eric D. Carlson.
Absent:Brent N. Ventura.
PLEDGE OF ALLEGIANCE
Given by all in attendance.
SCHEDULE OF PUBLIC HEARINGS(01.01)
Informational report regarding currently scheduled public hearings was received and filed.
COUNTY REFERRALS(02.47)
Motion by Mr. Blanton, seconded by Mr. Attaway, that Council approve the
recommended action concerning County Referrals:
REFERRAL #LOCATION APPLICANT REQUEST RECOMMENDATION
A:Projects Outside Urban Service Area:
1334-27-44-92V 19953 Wright Dr.Miller Variance Protect existing trees
B:Projects Inside Urban Service Area:
4255-30-50-91B 17651 Tourney Rd.Crain Building Site Approval - No Comment
C:Status of Previous Referrals/Appeals:
1913-30-49-91V South end of Tourney Rd Depalma Variance None
Carried by a vote of 4 ayes. Mr. Ventura 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/JANUARY 1992 (05.V)
Motion by Mr. Blanton, seconded by Mr. Attaway, that Council ratify the accompanying
check registers for payroll of January 5 through January 18, 1992 and Uniform Allowance in
the amount of $225,753.66 paid on January 17 and 24, 1992. Carried by a vote of 4 ayes.
Mr. Ventura absent.
February 3, 1992
Los Gatos, California
ACCOUNTS PAYABLE/RATIFICATION/JANUARY 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 $319,221.23 paid on January 16, 24
and 31, 1992. Carried by a vote of 4 ayes. Mr. Ventura absent.
AUDIT/FINANCIAL STATEMENTS/1989-90/1990-91 (07.06&V)
Motion by Mr. Blanton, seconded by Mr. Attaway, that Council accept financial
statements for fiscal years 1989-90 and 1990-91 prepared by the accounting firm of Pannell
Kerr & Forster. Carried by a vote of 4 ayes. Mr. Ventura absent.
PARK COMMISSION/STUDENT APPOINTMENTS (09.20)
Motion by Mr. Blanton, seconded by Mr. Attaway, that Council affirm the Student Park
Commissioner appointments for Joshua Grafton and Aimee Elizabeth Lowenstern. Carried
by a vote of 4 ayes. Mr. Ventura absent.
WATER RATES/SAN JOSE WATER COMPANY(10.37)
Informational item reporting that a general rate increase for San Jose Water Company was
granted by the California Public Utilities Commission (PUC) on December 4, 1991 was
received and filed.
SCHOLASTIC CLASSIC/SIXTH Annual/FAMILY FUN RUN(11.23)
Informational item reporting request to hold sixth annual Scholastic Classic 10 Kilometer and
two mile Family Fun Run/Walk on May 3, 1992 was received and filed.
STRAWBERRY FESTIVAL/32ND ANNUAL/EASTFIELD MING QUONG (12.23)
Informational item reporting request of Eastfield Ming Quong Children's Society to use the
Civic Center for the 32nd Annual Strawberry Festival on June 6th & 7th 1992 was received
and filed.
AUCTION/SURPLUS EQUIPMENT AND MATERIALS/PFM (13.28)
Motion by Mr. Blanton, seconded by Mr. Attaway, that Council authorize staff to dispose
of surplus equipment and materials. Carried by a vote of 3 ayes. Mrs. Benjamin abstained.
Mr. Ventura absent.
AMICUS BRIEF/SACRAMENTO COUNTY BOARD OF SUPERVISORS Vs SACRAMENTO
LOCAL AGENCY FORMATION COMMISSION (015.01)
Motion by Mr. Blanton, seconded by Mr. Attaway, that Council authorize participation in
the above referenced case at no cost to the Town. Carried by a vote of 4 ayes. Mr. Ventura
absent.
REVENUE AND TAXATION/LEAGUE OF CALIFORNIA CITIES/REPORT (16.05)
Motion by Mr. Blanton, seconded by Mr. Attaway, that Council accept informational report
from Mike Abkin, Planning Commissioner, on the League of California Cities Revenue and
Taxation Policy Committee. Carried by a vote of 4 ayes. Mr. Ventura absent.
February 3, 1992
Los Gatos, California
9212 PROJECT/RETAINING WALL/WINCHESTER BLVD/TRAFFIC AUTHORITY/SCC (18.35)
RESOLUTION 1992-11
Motion by Mr. Blanton, seconded by Mr. Attaway, that Council adopt Resolution 1992-11
entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE EXECUTION
OF AN AGREEMENT WITH THE SANTA CLARA COUNTY TRAFFIC AUTHORITY FOR
THE ADMINISTRATION OF THE WINCHESTER BOULEVARD RETAINING WALL.
Carried by a vote of 4 ayes. Mr. Ventura absent.
NEIGHBORHOOD CENTER/LEASE AGREEMENTS/1992-93/RESOLUTION 1992-12 (19.44)
Motion by Mr. Blanton, seconded by Mr. Attaway, that Council adopt Resolution 1992-12
entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE
RATIFICATION OF THE LEASE AGREEMENTS BETWEEN THE TOWN AND THE
NEIGHBORHOOD CENTER TENANTS AND AUTHORIZING THE TOWN MANAGER TO
EXECUTE LEASE AGREEMENTS WITH TENANTS FOR FY 1992-93. Carried by a vote of
4 ayes. Mr. Ventura absent.
LOS GATOS CREEK TRAIL/HABITAT CONSERVATION FUND GRANT(20.27) WILDLIFE
PROTECTION ACT OF 1990/RESOLUTION 1992-13.
Motion by Mr. Blanton, seconded by Mr. Attaway, that Council adopt Resolution 1992-13
entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN
MANAGER TO APPLY FOR GRANT FUNDS FROM THE HABITAT CONSERVATION
FUND GRANT PROGRAM UNDER THE CALIFORNIA WILDLIFE PROTECTION ACT OF
1990 FOR THE LOS GATOS CREEK TRAIL Carried by a vote of 4 ayes. Mr. Ventura
absent.
SANTA CRUZ AVE N 337/LEXINGTON HOUSE/CHIMBLIS/RESTAURANT USE PERMIT
RESOLUTION 1992-14 (21.09)
Motion by Mr. Blanton, seconded by Mr. Attaway, that Council adopt Resolution 1992-14
entitled, RESOLUTION OF THE TOWN OF LOS GATOS DENYING AN APPEAL OF AND
MODIFYING CONDITIONS OF A DECISION OF THE PLANNING COMMISSION
APPROVING A REQUEST TO DEMOLISH AN UNLAWFULLY CONSTRUCTED
ADDITION TO A RESTAURANT, TO CONSTRUCT A NEW ADDITION AND TO
OPERATE THE RESTAURANT WITH OUTDOOR SEATING ON PROPERTY IN THE C-2
ZONE, which incorporates the Council findings and decision at its meeting of January 21,
1992. Carried by a vote of 4 ayes. Mr. Ventura absent.
WEEDS/A PUBLIC NUISANCE/ABATEMENT PROCEDURES/RESOLUTION 1992-15 (22.27)
Motion by Mr. Blanton, seconded by Mr. Attaway, that Council adopt Resolution 1992-15
entitled, RESOLUTION OF THE TOWN OF LOS GATOS DECLARING WEEDS A PUBLIC
NUISANCE AND PROVIDING FOR THEIR ABATEMENT, and setting March 2, 1991 as a
public hearing date for this annual program. Carried by a vote of 4 ayes. Mr. Ventura
absent.
HISTORIC STRUCTURES/DEMOLITION REQUIREMENTS/ORDINANCE 1887 (23.46)
Motion by Mr. Blanton, seconded by Mr. Attaway, that Council adopt Ordinance 1887
entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONING
ORDINANCE CONCERNING THE REQUIREMENT FOR STRUCTURAL REPORTS FOR
DEMOLITION OF AN HISTORIC STRUCTURE, which incorporates the Council findings and
decision at its meeting of January 21, 1992. Carried by a vote of 4 ayes. Mr. Ventura
absent.
February 3, 1992
Los Gatos, California
HEARINGS
TERESITA WAY 101/MC CANDLESS/APPEAL PC APPROVAL/HEARING (24.09)
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 plans for the construction
of a single-family residence on property in the HR-1 zone. Architecture and Site Application
S-90-49. Property is located at 101 Teresita Way. Property owner, Greg McCandless.
Appellant, Paula and James McHugh.
The following people from the audience spoke to this issue:
Paula McHugh, 16150 Kennedy Road, stated that she understands that the bulk and scale
have been reduced, but she still has a concern with the mass and square footage on this
steep, problematic lot.
Greg McCandless, 525 Middlefield, #18, Menlo Park, presented an explanation of his
project and submitted a black and white rendering of the proposed home for the record. This
new plan he feels has substantially reduced size and mass; is sensitive to visual impact; and
feels that the new plan offers some very creative solutions to the neighbors concerns.
Tom Whitford, architect for applicant, 130 S. Sunnyvale Ave., Sunnyvale, commented on
the changes involved in reducing the size and mass of the project in order to adhere to the
directions of the Planning Commission and requests of the neighbors.
Phyllis Weber, 16140 Kennedy Road, reaffirmed the neighbors concerns regarding visibility
of this project, appreciated the new design and the attempt to limit size and mass with a
more compatible design, but does not feel that the efforts have sufficiently mitigated the
problems. No one else from the audience addressed this issue.
Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council close this public
hearing. Carried by a vote of 4 ayes. Mr. Ventura absent.
Motion by Mr. Attaway, that Council uphold the Planning Commission's decision. Motion
dies for the lack of a second.
Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council finds that the Planning
Commission has not erred but would request that the item be returned to the Planning
Commission to look one more time at the height, mass, steep hillside, neighborhood setting,
lot peculiarities, and particularly the height of the left elevation. The following points were
part of the motion: try to bring down the left elevation which appears too tall; have the
rendering done in the context of a photograph of the hillside lot. Carried by 3 ayes. Mr.
Attaway voted no. Mr. Ventura absent.
SIGN ORDINANCE/SPECIAL PROMOTIONAL EVENTS/AUTO DEALERS/HEARING (25.46)
Mayor Carlson stated that this was the time and place duly noted for public hearing to
consider amendments to the Town Zoning Ordinance to permit modification to and the
addition of new provisions concerning special/promotional events for automobile dealers.
Application, Zoning Ordinance Amendment A-91-9. Applicant, Town of Los Gatos.
February 3, 1992
Los Gatos, California
HEARINGS CONTINUED
SIGN ORDINANCE CONT.
Kate Anderton, Town Attorney, stated that Council would need to make the finding
addressing the unique qualities of the auto dealer business consistent with input from the
auto dealers. Findings of this sort could be attacked, although the courts have been
generous in accepting the legislative determination of a Council in finding that there are
particular circumstances connected with a business such as this that would justify treating
them in this fashion. Action this evening would not preclude the possibility of holding another
hearing regarding this issue as it relates to other business in Town.
The following people from the audience addressed this issue:
Todd Lemons, 140 Fairlawn Ct., representative of Gourmet Giraffe, located in Los Gatos
Village, supports the proposal before Council this evening, but asked that the proposal be
expanded to include all businesses in the car dealership zone especially since the area is a
non-pedestrian area or considered a dry-by zone requiring more aggressive techniques than
the downtown zone.
Andy Duran, 236 Carlester Drive, resident of the area does not want to see a carnival
atmosphere imposed on his neighborhood due to businesses using untasteful advertising.
Jeffrey Reed, 120 Oak Rim Way, spoke in favor of the proposed amendment to the sign
ordinance as it relates to auto dealers.
John Moore, Moore-Buick-Pontiac, Los Gatos, asked for support of the proposed
amendment to the sign ordinance relating to auto dealers before Council this evening.
Bonny Lemons, owner of Gourmet Giraffe, spoke in favor of the proposed amendment as it
relates to the auto dealers addressing the need to catch the eye of the drive by potential
buyer. The need for an attention getter seemed obvious to her.
No one else from the audience addressed this issue.
Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council close the public hearing.
Carried by a vote of 4 ayes. Mr. Ventura absent.
Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council find that the Zoning
Ordinance Amendment is consistent with the General Plan, whereas the traditional methods
for sales promotions for the sale of automobiles has included flags, pennants, balloons,
outdoor entertainment, food booths and other carnival types of activities otherwise prohibited
by this Ordinance. Auto dealers unable to use these promotional devices are at a
competitive disadvantage which threatens their ability to operate viable businesses. The
Council finds that it is in the public's interest to have financially stable automobile sales and
service businesses located within the Town to reduce the length of trips by Town residents
desiring these services thereby contributing to higher air quality. Carried by a vote of 4 ayes.
Mr. Ventura absent.
Mrs. Benjamin clarified intent: After this ordinance is introduced Council would review other
directions in which to review this ordinance and Town policy regarding signs. This ordinance
is to be reviewed after one year so that neighbors can review the impact.
Motion by Mrs. Benjamin, seconded by Mr. Blanton, to waive the reading. The Town
Clerk read the Title of the Draft Ordinance. Carried by a vote of 4 ayes. Mr. Ventura absent.
February 3, 1992
Los Gatos, California
HEARINGS CONTINUED
SIGN ORDINANCE CONT.
Mr. Carlson stated for the record that this ordinance was introduced to help with the present
economic situation in Town and was not to be considered a permanent measure. That
residents would have a chance to review the policy for a year and have a hearing on the
subject at which time if the problems are not resolved Mr. Carlson would not be supporting
the policy again.
Motion by Mrs. Benjamin, seconded by Mr. Attaway, that Council introduce Draft
Ordinance entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE
ZONING ORDINANCE TO PERMIT NEW PROVISIONS CONCERNING
SPECIAL/PROMOTIONAL EVENTS FOR AUTOMOBILE DEALERS. 2
Motion by Mrs. Benjamin, seconded by Mr. Attaway, that a hearing be set by the
Planning Commission to look at special promotions for other businesses in Town and review
the policy regarding signage for shopping centers along Los Gatos Boulevard and to involve
the Chamber of Commerce in these discussions before it goes to the Planning Commission
for a hearing. Carried by a vote of 4 ayes. Mr. Ventura
UNIVERSITY AVE 50/COMEDY CLUB/OLD TOWN THEATER/GRIFFITHS/REFUND (17.09)
Mayor Carlson stated that this was the time and place duly noted to consider request for fee
refund from Trevor Griffiths and Bev Politzer regarding Comedy Club application at 50
University Avenue.
The following people spoke regarding this issue:
Trevor Griffiths, 22130 Miller Ridge, Los Gatos, stated his lack of knowledge regarding the
Town's policy relating to liquor licenses being approved in Town causes him to be able to
request a refund of applications fees.
Bev Politzer, 22130 Miller Ridge, Los Gatos, stated that at no time before their application
was a written policy given to them.
No one else from the audience spoke to the Council regarding this item.
Motion by Mr. Blanton, to reject the staff report and return the fees to the applicants for
the Comedy Club project in Old Town, stating that Town policy should be distributed in
writing before fees are accepted. Motion died for lack of a second.
Mr. Benjamin commented that there is never an approval attached to an application when
filed, and the alcohol issue was known from the beginning. Fees for applications are cost
recovery for the time needed to process these projects. Mr. Attaway stated that he had been
receptive to service of beer and wine at the theater and therefore did not feel that Council
had completely denied the project of a Comedy Club, just the use of the alcohol licence. Mr.
Carlson restated the Town's policy of refunding applications fees at the DRC review level,
this policy being clearly written on the application forms for the sole purpose of offering
applicants a method of review and consideration before the fees are expended.
February 3, 1992
Los Gatos, California
HEARINGS CONTINUED
UNIVERSITY AVE COMEDY CLUB CONT.
Motion by Mrs. Benjamin, seconded by Mr. Attaway, that Council deny the request for
refund of application fees for 50 University Avenue (The Comedy Club) by Trevor Griffiths
and Bev Politzer. Carried by a vote of 3 ayes. Mr. Blanton voted no. Mr. Ventura absent.
MINUTES OF JANUARY 21, 1992(26.V)
Request by Mr. Carlson to reflect that all decisions on discussions on page 7, Guadalupe
College be reflected as consensus motions by Council.
Motion by Mrs. Benjamin, seconded by Mr. Attaway, that Council approve the Minutes of
January 21, 1992 as amended. Carried by a vote of 4 ayes. Mr. Ventura absent.
INVESTMENT POLICY/TREASURER'S REPORT (27.05)
Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council approve the revised
investment policy, as submitted by the Town Treasurer, pertaining to investment of idle funds
which increases the maximum maturity to five years rather than the previous two years and
includes investments in high-rated medium-term corporate notes and includes the following
amendments by Council: investments of over 2 years in duration shall remain at a 20%
maximum of the portfolio but corporate notes will amount to no more than 10% rather than
15% suggested in the report, "Item 8. Medium term Corporate Notes, Appendix A of the
Treasurer's Investment Policy dated January 21, 1992" and within the same reference the
investments rated at "A: shall be changed to "triple A". Carried by a vote of 4 ayes. Mr.
Ventura absent.
TREASURER'S REPORT (28.V)
Informational report submitted by the Treasurer to the Council for the month of July, 1990,
received and filed.
HAZARDOUS MATERIALS/STORAGE/ORDINANCE INTRODUCTION (29.46)
Motion by Mr. Attaway, seconded by Mrs. Benjamin, that Council waive the reading of
the draft ordinance. Carried by a vote of 4 ayes. Mr. Ventura absent. The Town Clerk read
the Title of the Draft Ordinance.
Motion by Mr. Attaway, seconded by Mrs. Benjamin, to introduce the Draft Ordinance
entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING AND ADDING
CERTAIN SECTIONS OF RECODIFIED CHAPTER 13 OF THE TOWN CODE RELATING
TO THE STORAGE OF HAZARDOUS MATERIALS CLARIFYING DEFINITIONS,
GRANTING THE ENFORCING OFFICER AUTHORITY TO ISSUE ORDERS AND
ESTABLISHING REVIEW OF SUCH ORDER. Carried by a vote of 4 ayes. Mr. Ventura
absent.
HAZARDOUS MATERIALS/STORAGE/URGENCY ORDINANCE 1888 (29.46)
Motion by Mr. Attaway, seconded by Mrs. Benjamin, that Council waive the reading of
the Draft Urgency Ordinance. Carried by a vote of 4 ayes. Mr. Ventura absent. The Town
Clerk read the Title of the Draft Ordinance.
February 3, 1992
Los Gatos, California
HAZARDOUS MATERIALS ORD. CONT.
Motion by Mr. Attaway, seconded by Mrs. Benjamin, to introduce and adopt Draft
Urgency Ordinance 1888 entitled, URGENCY ORDINANCE OF THE TOWN OF LOS
GATOS AMENDING AND ADDING CERTAIN SECTIONS OR RECODIFIED CHAPTER 13
OF THE TOWN CODE RELATING TO THE STORAGE OF HAZARDOUS MATERIALS
CLARIFYING DEFINITIONS, GRANTING THE ENFORCING OFFICER AUTHORITY TO
ISSUE ORDERS AND ESTABLISHING REVIEW OF SUCH ORDERS. Carried by a vote of 4
ayes. Mr. Ventura absent.
INFORMATION SYSTEMS/HEWLETT-PACKARD/PENTAMATION/NETWORK LINKAGE
(30.28)
Motion by Mr. Attaway, seconded by Mr. Blanton, that Council continue this item to
February 18, 1992. Carried by 3 ayes. Mr. Carlson abstained for reasons stated in previous
record. Mr. Ventura absent.
FAIRVIEW PLAZA PARK/VICTOR BOOHER MEMORIAL/PARK COMMISSION (31.25)
Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council approve Park
commission recommendation on placement of memorial plaque honoring Victor Booher in
Fairview Plaza Park. Carried by a vote of 4 ayes. Mr. Ventura absent
COUNCIL MEETING SCHEDULE/REVISED 1992 (32.10)
Motion by Mr. Attaway, seconded by Mrs. Benjamin, that Council approve the revised
1991-92 Town Council Meeting Schedule. Carried by a vote of 4 ayes. Mr. Ventura absent.
BUDGET REPORT/MID-YEAR/1991-92 (08.06)
Motion by consensus that Council approve the revised 1991-92 revenue estimates and
department budgets as shown in the staff report, with correction to page 4, under Summary
Comments, line 4 of the staff report, "on-time payment" should be changed to read "one-
time payment". Carried by a vote of 4 ayes. Mr. Ventura absent.
SOLID WASTE MANAGEMENT/LOCAL ENFORCEMENT AGENCY/SANTA CLARA COUNTY
(14.07)
Motion by consensus that Council authorize the Town Manager to sign and forward the
attached letter of intent to designate the County of Santa Clara as the Town's Solid Waste
Management Local Enforcement Agency (LEA). Carried by a vote of 4 ayes. Mr. Ventura
absent.
ADJOURNMENT
Motion by Mr. Blanton, seconded by Mr. Attaway, that Council adjourn this evening's
meeting at 9:42 p.m. Carried by a vote of 4 ayes. Mr. Ventura absent.
ATTEST:
Marian V. Cosgrove
Town Clerk