M 12-06-93TOWN OF LOS GATOS
CALIFORNIA
TOWN COUNCIL/PARKING AUTHORITY
December 6, 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 7:35 p.m., Monday, December 6, 1993, in regular session.
ROLL CALL
Present:Joanne Benjamin, Steven Blanton, Linda Lubeck,
Patrick O'Laughlin and Mayor Attaway.
Absent:None.
PLEDGE OF ALLEGIANCE
Given by all in attendance.
CLOSED SESSION
Larry Anderson, Town Attorney, pursuant to Government Code Section 54957.6, Council met to
discuss Labor Relations regarding negotiations with the POA which are ongoing, and received a report
from the Town's negotiator on the progress of the negotiations.
PICKUP TRUCK/MISSION VALLEY FORD/RESOLUTION 1993-171 (01.28)
Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council adopt Resolution 1993-171 entitled,
RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING TOWN MANAGER TO
ENTER INTO AGREEMENT WITH MISSION VALLEY FORD TRUCK SALES, INC. FOR
PURCHASE OF ONE (1) NEW 1994 FLEETSIDE PICKUP. Carried unanimously.
PARKING CONTROL VEHICLES/ANDERSON CHEVROLET/RESOLUTION 1993-172 (02.28)
Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council adopt Resolution 1993-172 entitled,
RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING TOWN MANAGER TO
EXECUTE AN AGREEMENT WITH ANDERSON CHEVROLET OF LOS GATOS FOR THE
PURCHASE OF TWO (2) PARKING CONTROL VEHICLES PURSUANT TO TOWN CODE
SECTION 20.50.130(2). Carried unanimously.
Motion by Mrs. Lubeck, seconded by Mr. O'Laughlin, that the extended warranty be purchased for
the new vehicles. Carried by a vote of 4 ayes. Mr. Blanton voted no feeling that the warranty would
not pay for itself.
COUNTY REFERRALS (04.47)
Motion by Mrs. Benjamin, seconded by Mr. O'Laughlin, that Council approve the recommended
action concerning County Referrals:
Projects Inside Urban Service Area:
Referral # Location Applicant Request
Recommendation
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3688 14677 Shannon Road Trolan Design Review
Approval
Carried unanimously.
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PLANNING COMMISSION/PLANNING DEPARTMENT MONTHLY STATUS REPORT (05.47)
Informational report regarding monthly activity of Planning Commission and Planning 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/NOVEMBER 1993 (07.V)
Motion by Mrs. Benjamin, seconded by Mr. O'Laughlin, that Council ratify the accompanying check
registers for payrolls of October 24 through November 6, 1993 and November 7 through November
20, 1993 in the amount of $429,846.94 paid on November 12 and 24, 1993. Carried unanimously.
ACCOUNTS PAYABLE/RATIFICATION/NOVEMBER 1993 (08.V)
Motion by Mrs. Benjamin, seconded by Mr. O'Laughlin, that Council ratify accompanying check
registers for accounts payable invoices in the amount of $589,015.07 paid on November 12, 19, and
24, 1993. Carried unanimously.
COMMUNITY GRANT AGREEMENTS/RULES-REGULATIONS/RESOLUTION 1993-173 (09.19)
Motion by Mrs. Benjamin, seconded by Mr. O'Laughlin, that Council adopt Resolution 1993-173
entitled, RESOLUTION OF THE TOWN OF LOS GATOS ADOPTING RULES AND
REGULATIONS GOVERNING COMMUNITY GRANTS AND ADOPTING A STANDARD
FORM OF COMMUNITY GRANT AGREEMENT, noting change to Exhibit A as before Council
in accompanying desk item. Carried unanimously.
HOUSING CONSERVATION PROGRAM LOAN (10.19)
Motion by Mrs. Benjamin, seconded by Mr. O'Laughlin, that Council approve the Loan Review
Committee's recommendation to grant a $63,000 Housing Conservation Program loan. Carried
unanimously.
OFFICE OF TOWN ATTORNEY/ACCOUNT TRANSFERS (12.06)
Motion by Mrs. Benjamin, seconded by Mr. O'Laughlin, that Council authorize the Town Attorney's
Office to transfer funds within the department's budget as delineated in the staff report. Carried
unanimously
FAX MACHINE/PROJECTOR/DATASHOW/POLICE DEPT (13.28)
Motion by Mrs. Benjamin, seconded by Mr. O'Laughlin, that Council authorize appropriation of
$6,144.27 from the Police Department Computer System Project Contingency Fund (2201-77006-
201R-XTR-77000 for the purchase of plain paper fax machine #C3509A, Color DataShow for
projector #512C and 3m9550 overhead projector. Carried unanimously.
AMICUS BRIEF/HENSLER V. CITY OF GLENDALE (14.01)
Motion by Mrs. Benjamin, seconded by Mr. O'Laughlin, that council authorize the Town to join in
the Amicus Brief being filed in Hensler v. City of Glendale. Carried unanimously.
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BELOW MARKET PRICE UNIT/DEED RESTRICTION AMEND/RESOLUTION 1993-174 (17.19)
Motion by Mrs. Benjamin, seconded by Mr. O'Laughlin, that Council adopt Resolution 1993-174
entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE MAYOR TO
SIGN A DEED RESTRICTION AMENDMENT EXTENDING THE TOWN'S FIRST RIGHT
OF REFUSAL TO PURCHASE A BELOW MARKET PRICE UNIT. Carried unanimously.
LOS GATOS CREEK TRAIL/COUNTY AGREEMENT/RESOLUTION 1993-175 (18.26)
Motion by Mrs. Benjamin, seconded by Mr. O'Laughlin, that Council adopt Resolution 1993-175
entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN
MANAGER TO EXECUTE AN AGREEMENT WITH COUNTY OF SANTA CLARA PARKS
DEPARTMENT TO RECEIVE $152,000 FOR LOS GATOS CREEK TRAIL. Carried
unanimously.
LOS GATOS-SARATOGA ROAD/ROAD NAME CHANGE FROM SARATOGA AVE
RESOLUTION 1993-176 (19.01)
Motion by Mrs. Benjamin, seconded by Mr. O'Laughlin, that Council adopt Resolution 1993-176
entitled, RESOLUTION OF THE TOWN OF LOS GATOS TO CHANGE THE NAME OF
SARATOGA AVENUE TO LOS GATOS-SARATOGA ROAD. Carried unanimously.
NASA AMES RESEARCH CENTER/WIND TUNNELS/RESOLUTION 1993-177 (20.17)
Motion by Mrs. Benjamin, seconded by Mr. O'Laughlin, that Council adopt Resolution 1993-177
entitled, RESOLUTION OF THE TOWN OF LOS GATOS SUPPORTING NASA AMES
RESEARCH CENTER AS THE LOCATION FOR PLANNED NEW NASA WIND TUNNELS.
Carried unanimously.
PARKING COMMISSION/COMMENDATION/FRANK HOWELL/RESOLUTION 1993-178
(21.20)
Motion by Mrs. Benjamin, seconded by Mr. O'Laughlin, that Council adopt Resolution 1993-178
entitled, RESOLUTION OF THE TOWN OF LOS GATOS COMMENDING MR. FRANK
HOWELL FOR HIS SERVICES ON THE PARKING COMMISSION. Carried unanimously.
VERBAL COMMUNICATIONS:
Homeless Issues
John Hernandez, Homeless in Los Gatos, mentioned an editorial section of the San Jose Mercury
News of December 3, 1993 commenting on the homeless in Los Gatos, asked for concern and
consideration from the Town and volunteered to help with the situation.
Message Therapy
Al Perry, 64 Mullen Ave, Hands on 4 Health, addressed Zoning Ord. 29.10.020, asked for time and
thought to be given to this profession and requested the ordinance be modified, he especially
addressed language in code and need for portions to be updated to include therapeutic massage.
Motion by Mrs. Benjamin, seconded by Mr. Blanton, that staff work out more appropriate language
for the present ordinance. Carried unanimously.
Larry Petulla, 15277 Via Pinto, spoke in opposition to major changes in ordinance and volunteered
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to be on committee to discuss possible modifications.
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HEARINGS
WEED ABATEMENT ORDERED/RESOLUTION 1993-179/HEARING (22.27)
Mayor Attaway stated that this was the time and place duly noted for public hearing to consider
adoption of resolution overruling objections and ordering abatement of weeds.
The following person from the audience spoke regarding this subject:
Jo Bartlett, 166 Oak Hill Way, spoke to this issue and the need to clear brush on the hillsides.
No one else from the audience addressed this issue.
Motion by Mrs. Benjamin, seconded by Mr. Blanton, to close this public hearing. Carried
unanimously.
Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council adopt Resolution 1993-179
entitled, RESOLUTION OF THE TOWN OF LOS GATOS OVERRULING OBJECTIONS
AND ORDERING ABATEMENT OF WEEDS AS A PUBLIC NUISANCE. Carried
unanimously.
LOS GATOS BOULEVARD #13/ANNEXATION/RESOLUTION 1993-180/HEARING (23.04)
Mayor Attaway stated that this was the time and place duly noted for public hearing to consider
protests and consider adopting resolution ordering the annexation of uninhabited territory to the Town
of Los Gatos known as Los Gatos Boulevard #13.
The following person from the audience spoke regarding this subject:
Tony Fiorentino, 237 Loma Alta Ave, owner of 16725 Shannon, spoke in opposition to this
annexation.
No one else from the audience addressed this issue.
Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, to close the public hearing. Carried
unanimously.
Motion by Mrs. Lubeck, seconded by Mr. O'Laughlin, that Council adopt Resolution 1993-180
entitled, RESOLUTION OF THE TOWN OF LOS GATOS ORDERING ANNEXATION OF
CERTAIN UNINHABITED TERRITORY DESIGNATED AS LOS GATOS BOULEVARD #13
TO THE TOWN OF LOS GATOS, making the finding that there is less than a 50% protest as
required. Carried by a vote of 4 ayes. Mayor Attaway voted no indicating he would rather see
voluntary annexation.
BID/DOWNTOWN LOS GATOS BUSINESS IMPROVEMENT DISTRICT/HEARING (24.43)
Mayor Attaway stated that this was the time and place duly noted to consider the Downtown Los
Gatos Business Improvement District renewal and proposed repeal of the Business Improvement
District tax credit.
Mark Linder, Assistant Manager, explained the current position of the BID, the alternatives open to
Council and Business District and explained that he could return with additional information per
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Council direction at the next hearing.
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HEARINGS CONTINUED
BUSINESS DISTRICT CONT.
Motion by Mr. Blanton, seconded by Mr. O'Laughlin, that Council move the continuance of this
public hearing to Tuesday, January 18, 1994. Carried unanimously.
The following people from the audience spoke to this issue:
Joe Hargett, spoke and reserved the right to speak again at the January 18, 1994 meeting. He spoke
of consensus and favors Alternative 2.
Sandy Eddy, 210 N. Santa Cruz Ave., representing Marketing Committee of the BID, spoke of the
positive results from the public relations campaign.
Shirley Henderson, 98 W. Main, Antiquarium, serving on the Downtown Beautification Committee,
submitted plans of the downtown streetscape improvement the committee has been working on.
Alrie Middlebrook, 140 Wissahickon Ave., Community Representative to the Downtown
Beautification Committee and volunteer coordinator, spoke of the involvement and positive nature of
this group of people.
Steve Friedman, 59 Victory Lane, reported on the California Downtown Association meeting held in
September of 1993 and spoke of the League of California Cities request to hold their Revitalization
and Redevelopment Conference in Los Gatos April 27-30, 1993.
Rex Morton, 51 University Ave., spoke in favor of the cooperative attitudes of staff and business
community.
Merrilee Hart, 11 University Ave., spoke in favor of proposal 2.
No one else from the audience addressed this issue.
Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council continue this hearing to January
18, 1994; staff to report on the reasons for keeping the BID and its geographic boundaries in
existence; and methods of fully funding the Downtown Association/BID out of business licence tax
rather than using additional funds from Redevelopment. Carried unanimously.
PUBLIC SAFETY SERVICES/PROP 172 ALLOCATION/SALES TAX REVENUES (16.06)
Mayor Attaway stated that this was the time and place duly noted to consider report on allocation of
Proposition 172 Sales Tax revenues to public safety services.
The following people from the audience spoke to this issue:
Tim Morgan, representing Police Officers Association, spoke to the public safety issues in Town and
the need for additional services.
Rizpah Lindstrom, 800 Blossom Hill Rd., representing The Terraces, spoke for additional safety and
security at The Terraces and the implementation of a Crime Prevention Program.
Carol Musser, Loma Alta, spoke in support of preventative safety programs.
Renee DiDuca Patton, 326 Bella Vista Ave., Los Gatos-Saratoga High School District School Board,
supported the use of 172 funds for public safety programs.
Ted Simonson, 220 Highland Terrace, Principal of Los Gatos High School, supported the use of 172
funds for public safety programs.
No one else from the audience addressed this issue.
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HEARINGS CONTINUED
PUBLIC SAFETY CONT.
Motion by Mrs. Benjamin, seconded by Mr. O'Laughlin, that Council abide by the narrow view of
Prop 172, which would be that the money generated from that sales tax would go to law enforcement
in the traditional sense. Carried by a vote of 4 ayes. Mayor Attaway voted no.
Motion by Mrs. Benjamin, seconded by Mr. O'Laughlin, that staff return with a report prioritizing
the three programs, including the cost for each one of those programs, and the time that the money is
expected to be generated, allowing Council to fund one program at a time as the money comes in.
Carried unanimously.
MINUTES OF NOVEMBER 15, 1993 (25.V)
Motion by Mrs. Benjamin, seconded by Mr. O'Laughlin, that Council approve the Minutes of
November 15, 1993 as submitted. Carried unanimously.
BRUSH ABATEMENT PROGRAM (26.27)
Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council direct staff to notice residents
located in the Fire Hazard Area and return to Council on January 3, 1994 with a resolution and an
agreement authorizing the Central Fire District to establish and enforce the "Brush Abatement
Program." Carried unanimously.
TAXICAB REGULATIONS/TOWN CODE AMENDMENT/ORDINANCE INTRODUCTION
(27.46)
Mayor Attaway stated that this was the time and place duly noted to consider introducing an ordinance
amending Town Code sections regulating taxicab operators to allow reciprocal taxi certificates.
The Town Clerk read the title of the draft ordinance.
Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, to waive the reading of the draft ordinance.
Carried unanimously.
Motion by Mrs. Lubeck, seconded by Mrs. Benjamin, that Council introduce Draft Ordinance
entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING TOWN CODE
SECTIONS 28.20.025, 28.20.155 AND 28.20.255 REGULATING TAXICAB OPERATORS TO
ALLOW RECIPROCAL TAXI CERTIFICATES, as shown in the desk item before Council this
evening. Carried unanimously.
SCHEDULE OF PUBLIC HEARINGS (03.01)
Informational report regarding currently scheduled public hearings was received and filed with the
correction of the removal of the January 4, 1994 hearing being scheduled on January 18, 1994 regular
meeting.
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CERRO VISTA DRIVE 16000/REFUND/BUILDING PERMIT FEE (11.09)
Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council deny the request for refund of
General Plan Update and Permit Tracking Fees paid with the building permit issued for 16000 Cerro
Vista Drive. Carried unanimously.
VOLUNTEER PROGRAMS/RECOGNITION (15.20)
Informational report regarding the Town's Volunteer Program was received and filed with suggestions
that as many volunteers throughout the Town be recognized within this program, including all
Commissions, Committees and Board, Service Clubs, BID and Chamber and all others that have
contributed to the support of municipal services.
COUNCIL MEETING SCHEDULE/1993-94 (28.10)
Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council approve the revised Town Council
Meeting Schedule for 1993-94 Fiscal Year, deleting January 4, 1994 meeting. Carried unanimously.
AGENDA FORMAT/RESOLUTION 1993-181 (29.10)
Motion by Mrs. Lubeck, seconded by Mr. O'Laughlin, that Council adopt Resolution 1993-181
entitled, RESOLUTION OF THE TOWN OF LOS GATOS AMENDING TOWN COUNCIL
AGENDA FORMAT AND RULES; placing Bid Awards under the heading of Other Business;
adding to Item E, "If there are 2 votes in favor of an issue being placed on an agenda, that issue will
appear on a future agenda."; the word "will" shall be changed to "may" in the second sentence of Item
I. Carried unanimously.
COMMITTEE APPOINTMENTS (30.10)
Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, that Council accept the Council Committee
appointments. Carried unanimously.
COMMITTEE REPORTS (31.10)
Mrs. Benjamin reported that she would need Council input on the consolidation of the Transportation
Agency and the Congestion Management Agency so that she would be able to vote with Council
direction.
ADJOURNMENT
Motion by Mrs. Lubeck, seconded by Mrs. Benjamin, that this evening's meeting be adjourned at
10:47 p.m. Carried unanimously.
ATTEST:
Marian V. Cosgrove
Town Clerk
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