M 10-04-93TOWN OF LOS GATOS
CALIFORNIA
TOWN COUNCIL/PARKING AUTHORITY
October 4, 1993
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 7:32 p.m., Monday, October 4, 1993, in regular session.
ROLL CALL
Present:Randy Attaway, Steven Blanton, Linda Lubeck,
Patrick O'Laughlin and Mayor Benjamin.
Absent:None.
PLEDGE OF ALLEGIANCE
Given by all in attendance.
CLOSED SESSION
Larry Anderson, Town Attorney, announced that pursuant to Government Code Section 54956.9(b),
Council met to discuss Threat of Litigation regarding Eureka Bank/Parking Lot #2. This concerns a
demand upon the Town from Eureka Bank involving property rights and the strategies to be
considered in handling this demand.
Pursuant to Government Code Section 54957, Council met to continue discussion regarding Town
Manager Evaluation under Personnel. The action considered by Council is affirmed in Item #12 on
this evening's agenda.
Pursuant to Government Code Section 54957.6, Council met to discuss Labor Relations regarding
AFSCME Negotiations. Council instructed Town's negotiator on further strategies to pursue.
COMMUNITY SERVICES COMMISSION APPOINTMENTS/ADELE LAWRENCE
CHRISTINE PFENDT (00.20)
Mayor Benjamin announced that three applications had been received from Adele Lawrence, Henry
Neal and Christine Pfendt. Interviews were held and Adele Lawrence and Christine Pfendt were
appointed to serve terms expiring January 1, 1998. Mr. Henry's application will be held until Council
can interview him at a future meeting.
PARK COMMISSION/APPOINTMENTS/JAMIE MULLER/JASON BARCLAY (01.20)
Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council affirm Student Park Commissioner
appointments for Jamie Mueller and Jason Barclay for terms ending September 30, 1994. Carried
unanimously.
COMMUNITY SERVICES COMMISSION/COMMENDATION/ROSEANN FISHER (000.20)
Mayor Benjamin presented Roseann Fisher a Commendation from the Town for her years of service
on the Community Services Commission. Mrs. Fisher was present to accept the commendation and
thank the Town for the honor.
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CUSTODIAL SERVICES/SUPERIOR BUILDING SERVICES/RESOLUTION 1993-139 (02.28)
Motion by Mr. Attaway, seconded by Mrs. Lubeck, that Council award bid for contractual custodial
service to low bidder Superior Building Services, net bid of $5,194.00 per month and that Council
adopt Resolution 1993-139 entitled, RESOLUTION OF THE TOWN OF LOS GATOS
AUTHORIZING TOWN MANAGER TO ENTER INTO AGREEMENT WITH SUPERIOR
BUILDING SERVICES FOR TOWN MAINTAINED FACILITIES. Carried unanimously.
COMPUTER SYSTEMS/OCS TECHNOLOGIES/HEWLETT PACKARD/WOLFE COMPUTER
SILTON-BOOKMAN SYSTEMS/POLICE DEPARTMENT (03.28)
Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council continue this item to October 11,
1993 at which time the following questions can be answered: numbers in the report and agreement
match; what items are being warranted; what does the maintenance agreement cover; what does a
majority mean; and to bring this information back in a form agreement. Carried unanimously.
SCHEDULE OF PUBLIC HEARINGS (04.01)
Informational report regarding currently scheduled public hearings was received and filed.
PLANNING COMMISSION/PLANNING DEPARTMENT MONTHLY STATUS REPORT (05.47)
Informational report regarding activity of Planning Commission and Department was received and
filed.
COUNCIL CALENDAR OF MEETINGS (06.10)
Informational item presenting future Town Meetings for Council and other Town Boards and
Commissions was received and filed.
PAYROLL/RATIFICATION/SEPTEMBER 1993 (07.V)
Motion by Mr. Blanton, seconded by Mr. Attaway, that Council ratify the accompanying check
registers for payroll of August 29 through September 11, 1993 in the amount of $217,922.37 paid on
September 17, 1993. Carried unanimously.
ACCOUNTS PAYABLE/RATIFICATION/SEPTEMBER 1993 (08.V)
Motion by Mr. Blanton, seconded by Mr. Attaway, that Council ratify accompanying check registers
for accounts payable invoices in the amount of $322,009.52 paid on September 17 and 24, 1993.
Carried unanimously.
TRANSIT ASSIST/BUDGET FY 1993-94/PART IIIGRANT
SANTA CLARA COUNTY TRANSIT DISTRICT (09.19)
Motion by Mr. Blanton, seconded by Mr. Attaway, that Council amend the Community Services
Department's Transit District (SCCTD) as delineated in the staff report. Carried unanimously.
CLAIM/REJECTION/NILA FARR (10.01)
Motion by Mr. Blanton, seconded by Mr. Attaway, that Council reject the claim of Nila A. Farr for
alleged property damage occurring on September 6, 1993 and filed with the Town Clerk. Carried
unanimously.
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CABLEVISION/SOUTH BAY CABLE/CUSTOMER SERVICE STANDARDS (11.24)
Motion by Mr. Blanton, seconded by Mr. Attaway, that Council authorize Town Manager to join with
other municipalities to develop South Bay Cablevision customer service standards. Carried
unanimously.
TOWN MANAGER/LETTER OF AGREEMENT/RESOLUTION 1993-140 (12.10)
Motion by Mr. Blanton, seconded by Mr. Attaway, that Council adopt Resolution 1993-140 entitled,
RESOLUTION OF THE TOWN OF LOS GATOS AMENDING LETTER OF AGREEMENT
BETWEEN THE TOWN OF LOS GATOS AND TOWN MANAGER. Carried unanimously.
AFSCME LOCAL 101/MOU/MEMORANDUM OF UNDERSTANDING (13.10)
Consensus of Council to pull this item from the agenda with the intention of considering it again on
October 11, 1993.
COMPUTERS/DIGITAL IMAGE CAPTURE AND RETRIEVAL SYSTEM/TFP, INC. (14.28)
This item was pulled from the agenda.
BAY AREA EMPLOYMENT RELATIONS CONSORTIUM/LEGAL TRAINING AND
CONSULTING
LIEBERT, CASSIDY & FRIERSON/RESOLUTION 1993-141 (15.10)
Motion by Mr. Blanton, seconded by Mr. Attaway, that Council adopt Resolution 1993-141 entitled,
RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER
TO SIGN AN AGREEMENT WITH LIEBERT, CASSIDY & FRIERSON, BAY AREA
EMPLOYMENT RELATIONS CONSORTIUM, FOR SPECIAL SERVICES RELATING TO
LEGAL TRAINING AND CONSULTING. Carried unanimously.
CROSSING GUARDS/LOS GATOS ELEMENTARY SCHOOLS/RESOLUTION 1993-142 (16.09)
Motion by Mr. Blanton, seconded by Mr. Attaway, that Council adopt Resolution 1993-142 entitled,
RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER
TO EXECUTE AN AGREEMENT WITH LOS GATOS UNION SCHOOL DISTRICT FOR
CROSSING GUARD SERVICES. Carried unanimously.
SHADY LANE/SHORT ROAD/SHANNON AND BLOSSOM HILL/PLANNED DEVELOPMENT/
WESTFALL ENGINEERS/MATTEONI/RESOLUTION 1993-143 (17.09)
Motion by Mr. Blanton, seconded by Mr. Attaway, that Council adopt Resolution 1993-143 entitled,
RESOLUTION OF THE TOWN OF LOS GATOS REMANDING TO THE PLANNING
COMMISSION A DENIAL OF A REQUEST FOR A ZONE CHANGE FROM HR-2-1/2 TO
HR-2-1/2-PD, AND APPROVAL OF A SUBDIVISION APPLICATION TO DIVIDE 94.7
ACRES OF HILLSIDE LAND INTO 27 SINGLE-FAMILY LOTS AS A PLANNED
DEVELOPMENT WITH PERMANENT OPEN SPACE AND PUBLIC TRAILS, ZONE
CHANGE APPLICATION Z-91-1 AND SUBDIVISION APPLICATION M-87-3A, which
incorporates the Town Council's findings and decision on Planning Commission error at the meeting
of September 20, 1993. Carried unanimously.
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PERFORMANCE STANDARDS/SETBACKS/IMPROVEMENTS/REQUIREMENTS
ZONE CHANGE #81/ORDINANCE 1957 (18.46)
Motion by Mr. Blanton, seconded by Mr. Attaway, that Council adopt Ordinance 1957 entitled,
ORDINANCE OF THE TOWN OF LOS GATOS AMENDING ORDINANCE 1865 RELATING
TO THE PERFORMANCE STANDARDS, SETBACK AND IMPROVEMENT
REQUIREMENTS AFFECTING ZONE CHANGE #81 FROM O, R-1:8000 & RM:5-20 TO R-
1:8000-PD, which was introduced at the Town Council meeting of September 20, 1993. Carried
unanimously.
INFORMAL/BID PROCESS/ORDINANCE 1958 (19.46)
Motion by Mr. Blanton, seconded by Mr. Attaway, that Council adopt Ordinance 1958 entitled,
ORDINANCE OF THE TOWN OF LOS GATOS AMENDING CODE OF THE TOWN OF
LOS GATOS SECTION 2.50.130 ESTABLISHING AN INFORMAL BID PROCESS, which was
introduced at the Town Council meeting of September 20, 1993, and which appeared before Council
in its correct form as a desk item. Carried unanimously.
HEARINGS
SIGNS/SPECIAL EVENTS PERMIT/AMENDMENT A-92-5A/HEARING (20.46)
Mayor Benjamin stated that this was the time and place duly noted for public hearing to consider
introducing ordinance amending the Town Code to modify regulations for display of signs on private
property for activities under a special events permit. Zoning Ordinance Amendment A-92-5A.
Applicant: Town of Los Gatos.
There was no one in the audience to address this issue.
Motion by Mrs. Lubeck, seconded by Mr. Blanton, that Council continue this item to November 15,
1993. Carried unanimously.
MOBILNET/GTE/FISHER SCHOOL/ROBERTS RD 17020/APPEAL/HEARING (21.09)
Mayor Benjamin stated that this was the time and place duly noted for public hearing to consider
appeal of the Planning Commission denial of Conditional Use Permit Application U-92-2 and EIR 92-
2-1 requesting permission to install a cellular transceiver facility to include a 35 foot high freestanding
monopole tower and an approximately 200 square foot structure to house electronic equipment at
17020 Roberts Road. Appellant: Peggy O'Laughlin for GTE Mobilnet.
Mr. Bowman, Planning Director, explained that the appellant has asked that Council consider the EIR
tonight and not the project itself, and requested that the EIR be certified. He stated that under CEQA
regulation 15090 Council is to determine if the final EIR has been completed in accordance with
CEQUA. This determination involves a four part set of issues: 1) Is the data presented in the EIR
adequate? 2) Are the responses to the public comment adequate? 3) Given the data, the public
comment and the responses to the comment, are the conclusions regarding possible significant
environmental impacts complete and accurate? 4) Given the data, the public comment, the responses
to the comment, and the possible significant impact, are the proposed mitigation measures adequate?
Certification of the EIR does not obligate Council to approve the project. The EIR simply gives
information to help determine whether a project should be approved.
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HEARINGS CONTINUED
MOBILNET CONT.
Mr. O'Laughlin, excused himself from the podium explaining that due to a possible perception of a
conflict of interest he would abstain from the issue as he had done previously.
Mr. Blanton acknowledged that he has listened to the tapes regarding this issue.
The following people from the audience addressed this issue:
Peggy O'Laughlin, of Matteoni, Saxe & Nanda, representing GTE Mobilnet, spoke regarding the
certification of the EIR, and the conditional use permit for the project. She asked that Council act on
the EIR this evening, finding it complete and certifying it. She also mentioned that the school district
and GTE were reevaluating the use of the school property.
Mike Brandy, 423 Sherman Drive, Scotts Valley, business manager for Los Gatos Elementary School
District, spoke of the increasing needs and growth of the district since inception of the lease with GTE
in 1990 and the District's possible need for the land now under lease to GTE. He requested a 30 day
continuance so as to work out the details of the lease with GTE and not have GTE in litigation with
the Town which would cause the property to be tied up for some time to come.
Charles Bennet, with Environmental Science Associates, hired by the Town to prepare the EIR.
Spoke regarding the environmental impacts associated with this type of project and the presentation of
all known and applicable information.
Don Justinson, Grandview, Missouri, discussed the non-ionizing radiation field from the tower and
the cumulative impact of ionizing radiation.
It was noted that approximately 15 people were in the audience to speak against this proposal.
The following people addressed their concerns regarding the project and requested that Council not
approve the EIR as complete for the GTE Mobilnet station's proposed location:
Mark Wagner, 100 Albert Court, Los Gatos
Mark Whitman, of Corta Medera, previous resident of Los Gatos
Rod Hampton, 16736 Shannon Road, Los Gatos
Mike Knudsen, 121 Albert Court, Los Gatos
Murray Tondow, 18400 Overlook Road, #69, Los Gatos
Bernard Waggoner, resident
Dr. Peter Polson, 18985 Tuggle Ave., Cupertino, responded to technical comments brought up by
Council and previous speakers.
Peggy O'Laughlin, representing GTE, gave concluding statements for acceptance and certification of
the EIR before Council this evening as approved and complete.
Motion by Mr. Attaway, seconded by Mr. Blanton, that Council close the public hearing. Carried by
a vote of 4 ayes. Mr. O'Laughlin abstained.
Council Comments:
Mr. Anderson noted that a supplemental EIR could be requested if there was a change in the
requested location for the station, but under the circumstances the document, responses, comments,
public testimony and conclusions reached in the document must be deemed adequate by the Council if
it is to accept the report this evening.
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HEARINGS CONTINUED
MOBILNET CONT.
Council Comments Cont:
Mr. Blanton would prefer to have answers regarding the longitudinal studies and additional literature
addressing this issue before he accepts the report as complete.
Mrs. Lubeck feels that there are two totally separate issues to consider. One is the certification of the
EIR as complete. The other is Council's decision as to whether to ever grant a conditional use permit
for this site, or any site, each of the sites being site specific and individual policy decisions as all
conditional use permits are.
Motion by Mrs. Lubeck, seconded by Mr. Attaway, that Council find that the Planning Commission
erred regarding the EIR; that Council certify the EIR; that Council find that this document meets all
the guidelines of CEQA.
Council Comments on this motion:
Mr. Attaway voted on this motion because he felt the EIR was as complete as possible for this present
time. He was voting only on the completeness of the EIR and no other issues that had been raised.
Mr. Blanton felt that the absence of longitudinal study as it effects school site as opposed to
wilderness site was reason to consider report incomplete. As these reports become available an
addendum to the EIR may be deemed complete at a later date.
Mayor Benjamin would not be in favor of additional work on the EIR since she considers the
location inappropriate for the project, noting that there are locations which would be more aesthetic
and less densely populated. She does not feel that the data is adequate nor the conclusions drawn
from that data.
Vote of the Motion: Mr. Attaway and Mrs. Lubeck voted yes. Mr. Blanton and Mayor Benjamin
voted no. Mr. O'Laughlin abstained. Motion did not carry.
Mr. Anderson, Town Attorney, noted that if Council cannot certify the EIR then the application
cannot proceed until such time as the EIR is certified. The current status would be that the Planning
Commission decision would stand, and this item will not be continued for thirty days.
Mrs. Lubeck noted again for the record that there was sufficient information to warrant certification
of a complete EIR and felt that there was no danger to children given the complete report.
Mr. Attaway again confirmed his opinion of completeness of the EIR but would not conclude that this
completeness proved the safeness of the project.
SECONDARY DWELLING UNITS/ANNEXATION/A-93-9/ORD.INTRO./HEARING (22.16)
Mayor Benjamin stated that this was the time and place duly noted for public hearing to consider
introducing ordinance amending the Town Code to allow unlawful secondary dwelling units in the
county that existed on June 1, 1983 to obtain secondary dwelling unit permits upon annexation,
zoning ordinance amendment A-93-9.
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HEARINGS CONTINUED
SECONDARY DWELLING UNITS CONT.
The following people addressed this issue:
Robert Boschert, 16310 Shannon Road, asked Council to consider his request.
No one else addressed this issue.
Motion by Mrs. Lubeck, seconded by Mr. Blanton, that Council close the public hearing. Carried
unanimously.
Motion by Mrs. Lubeck, seconded by Mr. Blanton, that Council find the proposed amendment to the
Town Code is consistent with the General Plan. Carried unanimously.
The Town Clerk read the title of the draft ordinance.
Motion by Mrs. Lubeck, seconded by Mr. Blanton, that Council waive the reading of the draft
ordinance. Carried unanimously.
Motion by Mrs. Lubeck, seconded by Mr. Blanton, that Council introduce Draft Ordinance entitled,
ORDINANCE OF THE TOWN OF LOS GATOS AMENDING SECTION 29.10.310 OF THE
TOWN CODE REGULATING SECONDARY DWELLING UNITS ANNEXED INTO TOWN.
Carried unanimously.
24 HOUR BUSINESS/USE PERMIT/TOWN CODE AMENDMENT (23.46)
Mayor Benjamin stated that this was the time and place duly noted for public hearing to consider
introducing ordinance amending the Town Code to require any business that remains open for 24
hours a day or that is open between the hours of 2 a.m. and 6 a.m. to have an approved conditional use
permit. Zoning Ordinance Amendment A-93-10. Applicant: Town of Los Gatos.
The following people from the audience spoke to this issue:
Thomas Parrish, 1200 High Ridge Lane, Santa Barbara, representing Kinko's, was not in favor of
this ordinance and felt his company had expressed themselves openly to the Planning Commission at
the time of their application.
Dan Roggers, 575 N. Santa Cruz Ave., Manager of Kinko's, expressed the company's cooperation
during the planning process and would prefer that the ordinance not be passed.
Shirley Henderson, 264 Los Gatos Blvd., is not in favor of the additional fee required to process the
conditional use permit for the 24 hour application.
No one else from the audience addressed this issue.
Motion by Mr. Attaway, seconded by Mr. O'Laughlin, to close the public hearing. Carried by a vote
of 4 yes. Mayor Benjamin voted no because she felt that it was appropriate to leave the hearing open
until such time as some of the issues be worked out.
Motion by Mr. Attaway, seconded by Mr. O'Laughlin, that Council reopen this public hearing.
Carried by a vote of 4 ayes. Mrs. Lubeck voted no.
Motion by Mr. Attaway, seconded by Mr. Blanton, that Council continue this issue to November 1,
1993. Carried by a vote of 4 ayes. Mrs. Lubeck voted no.
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TRACT 6118/HAPPY ACRES ROAD/EASEMENT/PEDESTRIAN-EQUESTRIAN TRAIL (24.32)
Motion by Mr. Attaway, seconded by Mr. O'Laughlin, that Council adopt Resolution 1993-
entitled, RESOLUTION OF THE TOWN OF LOS GATOS ORDERING THE VACATION OF
EXCESS PEDESTRIAN-EQUESTRIAN EASEMENT IN TRACT 6118 ALONG HAPPY
ACRES ROAD. Carried unanimously.
OPEN SPACE DEDICATIONS/DEVELOPMENT PROJECTS/EASEMENTS (25.27)
Motion by Mr. Attaway, seconded by Mr. Blanton, that Council establish a policy that all open space
dedications for development projects be by easement and that the existing lighting and maintenance
districts be combined. Carried unanimously.
NEWSRACKS/DOWNTOWN (26.05)
Speakers from the audience:
Barbara Toren, 15933 Orange Blossom, Executive Director of the Business Improvement District,
spoke of the development of guidelines regarding the orderly placement of street furniture within the
public right-of-way which include newspaper racks.
Shirley Henderson, Beautification Chairperson for BID, encourages the speedy adoption of the
ordinance, stating that the merchants and vendors would like to see the rack improvements by
November for the holiday shopping time.
Informational report regarding regulation of newsracks in the Central Business District was received
and filed.
UNDERGROUND UTILITY DISTRICTS/ESTABLISHED BY RESOLUTION (27.24)
The Town Clerk read the title of the draft ordinance
Motion by Mr. Attaway, seconded by Mr. O'Laughlin, that Council waive the reading of the draft
ordinance. Carried unanimously.
Motion by Mr. Attaway, seconded by Mr. O'Laughlin, that Council introduce Draft Ordinance
entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING CODE OF THE TOWN
OF LOS GATOS SECTIONS 27.40.010 THROUGH 27.40.055 TO ESTABLISH
UNDERGROUND UTILITY DISTRICTS BY RESOLUTION. Carried unanimously.
DOGS/LEASH LAW/OAK MANOR PARK/ANIMAL CONTROL (28.47)
Council accepted informational report from Park Commission on dogs off-leash within Live Oak
Manor Park. Report was received and filed.
ADJOURNMENT
Motion by Mrs. Lubeck, seconded by Mr. Attaway, that at 10:46 this evening Council would
continue this meeting to October 11, 1993 at 7:30 p.m. Carried unanimously.
ATTEST:
Marian V. Cosgrove
Town Clerk
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