M 02-22-94TOWN OF LOS GATOS
CALIFORNIA
TOWN COUNCIL/PARKING AUTHORITY
February 22, 1994
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., Tuesday, February 22, 1994, 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, stated 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 regarding
Town of Los Gatos v. VMS, et al. Santa Clara County Superior Court Case No. 647201. This
concerns the collection of parking revenue that was previously lost. Council authorized expenditure
of up to $250 to do an asset search concerning Mr. Green against whom the Town has a judgement in
excess of $15,000, and that we will share that expense with the City of Saratoga which also has a
judgement against Mr. Green.
Pursuant to Government Code Section 54956.9(a), Council met to discuss Pending Litigation
regarding Carstens v. Town of Los Gatos. Santa Clara County Superior Court Case No. 726732,
which is a certificate of compliance case presently on trial and which should be disposed of tomorrow.
RENT ADVISORY COMMITTEE/APPOINTMENTS/KRAUS/MIRASSOU (00.20)
Mayor Attaway announced that two applications had been received for two vacancies on the Rent
Advisory Committee from William Kraus and Clovis Mirassou. Voting was held and Mr. Kraus and
Mr. Mirassou were reappointed to terms expiring March 1, 1997.
PRESENTATION/EPA NON-POINT SOURCE AWARD (000.07)
Roger James, representing the Santa Clara Valley Water District, spoke of the Santa Clara Valley Non-
Point Source Pollution Control Program and the 15 participating agencies which are the 13 North
Valley Cities, the County and the District, participating in an awards ceremony last fall in Anaheim
given by the Federal Environmental Protection Agency where nation wide awards were presented to
those public agencies and industries throughout the country for their implementation of commendable
programs for pollution control of the waters of the United States. At that particular conference of the
Water Environment Federation there were about 15,000 people in attendance. The Santa Clara Valley
program received the first place award for the Storm Water Program and Lockheed in Sunnyvale also
received a first place award.
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PRESENTATION/EPA NON-POINT SOURCE CONT.
In this Valley we received both National Awards for Storm Water Control Programs. The Regional
Quality Control Board has ordered new programs in the Valley within the next five years to identify
and control sources of pollution in the storm water. Copper, coming from brake linings and
particularly from foreign made cars, is an example of an identified source. This type of information
will be integrated with other environmental and solid waste disposal programs to develop control
strategies. After speaking Mr. James presented a plaque to the Mayor commending the Town on its
efforts.
SCHEDULE OF PUBLIC HEARINGS (01.01)
Informational report regarding currently scheduled public hearings was received and filed.
COUNTY REFERRALS (02.47)
Motion by Mrs. Benjamin, seconded by Mr. O'Laughlin, that Council forward a recommendation for
approval subject to no conditions to the County of Santa Clara on the following Project Outside Urban
Service Area: Referral #5725; Location, 14850 La Rinconada Drive; Applicant, Maino; Request,
Building Site; Recommendation, Approval. Carried unanimously.
ACCOUNTS PAYABLE/RATIFICATION/FEBRUARY 1994 (03.V)
Motion by Mrs. Benjamin, seconded by Mr. O'Laughlin, that Council ratify the accompanying check
registers for accounts payable invoices paid on February 4 and February 11, 1994 in the amount of
$358,391.47. Carried unanimously.
PAYROLL RATIFICATION (04.V)
Motion by Mrs. Benjamin, seconded by Mr. O'Laughlin, that Council ratify the check register for the
payroll of January 16 through January 29, 1994 paid on February 4, 1994 in the amount of
$211,574.76. Carried unanimously.
MINUTES OF FEBRUARY 7, 1994 (05.V)
Motion by Mrs. Benjamin, seconded by Mr. O'Laughlin, that Council approve the Minutes of
February 7, 1994 as submitted. Carried unanimously.
TRAFFIC SIGNS/PAVEMENT MARKINGS/INSTALLATION (06.OF)
Motion by Mrs. Benjamin, seconded by Mr. O'Laughlin, that Council accept and file informational
report regarding traffic signage and markings. Carried unanimously.
COMPUTER SYSTEM/POLICE DEPT/VALCOM/NETSYS COMP. CENTER (07.28)
Motion by Mrs. Benjamin, seconded by Mr. O'Laughlin, that Council authorize the Town Manager
to accept proposal from Valcom/Netsys Computer Center for the purchase of hardware, system
software components, and maintenance for the Police Department computer system. Carried
unanimously.
DISADVANTAGED BUSINESS ENTERPRISES(DBE)PROGRAM/RESOLUTION 1994-28 (08.43)
Motion by Mrs. Benjamin, seconded by Mr. O'Laughlin, that Council adopt Resolution 1994-28
entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN
MANAGER TO IMPLEMENT A DISADVANTAGED BUSINESS ENTERPRISES (DBE)
PROGRAM. Carried unanimously.
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BUSINESS IMPROVEMENT DISTRICT/BID/ORDINANCE 1969 (10.43)
Motion by Mrs. Benjamin, seconded by Mr. O'Laughlin, that Council adopt Ordinance 1969 entitled,
ORDINANCE OF THE TOWN OF LOS GATOS AMENDING ORDINANCES 1876 AND 1933
GOVERNING THE DOWNTOWN LOS GATOS BUSINESS IMPROVEMENT DISTRICT.
Carried unanimously.
BUSINESS LICENSE TAX CREDIT/BID/ORDINANCE 1970 (11.43)
Motion by Mrs. Benjamin, seconded by Mr. O'Laughlin, that Council adopt Ordinance 1970
entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING TOWN CODE
SECTION 144.20.120 REGARDING THE BUSINESSES WITHIN A PARKING AND
BUSINESS IMPROVEMENT AREA. Carried unanimously.
VERBAL COMMUNICATIONS:
Smoking Ordinance Amendments:
David Weissman, 15431 Francis Oaks Way, asked that Council reagendize the Smoking Ordinance so
as to strengthen the requirements and bring it up to County standards. He presented a petition signed
by over 100 local health care workers asking this issue be addressed and submitted a recent article on
the impact to businesses, a study of employee liability and Santa Clara's ordinance and enforcement
code.
Roger Kennedy, 140 Via de Tesoros, chairman of the Tobacco Control Coalition of SCC, encouraged
Council to move forward on the adoption of stronger regulations regarding smoking in public places.
Steve Jackson, 15984 Grandview Ave., Monte Sereno, supports the statements of the last two
speakers and mentioned data recently released showing the effect of secondary smoke on the unborn
child.
Council consensus that staff report to Council on the Smoking Ordinance for Council to determine if
there should be a change in the Town Ordinance. Staff to work with the speakers, the Chamber of
Commerce and other interested parties. The upcoming state ballot initiative will be addressed and
Council may opt to indicate its position on this proposal and take certain action depending on possible
time frame of the initiative.
Cable TV/Spice Channel:
Bob Hamilton, 368 Bella Vista, asked Council's help on getting the Cable company to scramble the
Spice Channel audio and video or eliminate it from basic service. Mrs. Benjamin asked that Jim
Benjamin's proposal for a citizens' committee to deal with this and other issues involving cable be
examined.
La Rinconada Country Club/Wedgewood Rd:
Bob Hamilton, 368 Bella Vista, questioned the La Rinconada Golf Course using the Wedgewood
Ave. access road for deliveries; the number of trucks involved; the safety issue of children trying to
walk to school with this additional traffic; the inability of the golf course road to handle two way
traffic; the run off of water from the golf course into the drainage ditch; the unfenced drainage ditch;
safety of school kids regarding this attractive nuisance. Council consensus was to address this issue in
a staff report.
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February 22, 1994
Los Gatos, California
HEARINGS
ALCOHOLIC BEVERAGE POLICY/TOWNWIDE/RESOLUTION 1994-29/HEARING (12.43)
Mayor Attaway stated that this was the time and place duly noted for public hearing to consider
adopting resolution modifying the downtown alcoholic beverage policy and expanding policy Town-
wide.
The following people from the audience spoke to this issue:
Dan McFadden, 123 University Ave., spoke of balance of interests and was satisfied with the revised
policy and compromises that had been made.
Barbara Spector, 121 Edelen Ave., was not in favor of the change in policy. She spoke of the current
balance that is found in her neighborhood and the fear that any changes in policy would cause
additional impact to her residential area.
Scott Broomfield, 115 University, supported the change in the Town wide alcohol policy but stated
that he would not appreciate seeing changes in that policy as time goes by.
No one else from the audience addressed this issue.
Motion by Mr. O'Laughlin, seconded by Mr. Blanton, to close the public hearing. Carried
unanimously.
Motion by Mr. Blanton, seconded by Mr. O'Laughlin, that Council adopt Resolution 1994-29
entitled, RESOLUTION OF THE TOWN OF LOS GATOS REGULATING THE SALE OF
ALCOHOLIC BEVERAGES, which modifies the Alcoholic Beverage Policy. Carried by a vote of
four ayes. Mrs. Benjamin voted no stating that entertainment and the increased hours will generated
calls from the residential neighborhoods impacted by the increased activity.
Council consensus to direct staff to initiate a Town Code amendment establishing an administrative
procedure to enforce conditions relating to the Alcoholic Beverage Policy and making the provisions
of the Alcoholic Beverage Policy retroactive. Mr. Anderson noted that the Town Manager's decision
will be enforceable during the appeal period.
Mayor Attaway thanked the restaurant owners and citizens committee for their time and valuable input
into this process.
SANTA CRUZ AVE N 130-G/LOS GATOS BREWING COMPANY/OPERATING HOURS (13.09)
Mayor Attaway stated that this was the time and place duly noted for public hearing to consider appeal
of Planning Commission decision to deny a request for permission to extend evening hours of
operation for an existing restaurant and bar on property in the C-2 zone. Conditional Use Permit
Application U-77-24E. Property located at 130-G North Santa Cruz Avenue. Property Owner: Vargo
Properties. Applicant/Appellant: Los Gatos Brewing Company.
The following people from the audience spoke to this issue:
John Hopkins, 136 Tait, attorney representing the Los Gatos Brewing Company, asked for the
requested extension of hours.
Ron Lykins, 119 University, approved of the committee's work and the policy amendments.
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HEARINGS CONTINUED
LOS GATOS BREWING COMPANY CONT.
Speakers continued:
Scott Broomfield, 115 University, supports the longer hours on weekends but shorter hours during the
week.
Laila Montgomery, 209 University, approved the policy change but not the request for Thursday
night hours.
Joan Perry, 119 University and 315 University, opposed to the change in the alcohol beverage policy
and does not want to see longer hours.
Dan McFadden, 123 University, spoke of the late night noise and parking lot noise.
John Hopkins, withdrew the request for extension of Thursday night hours and accepted the Friday
and Saturday extensions.
No one else from the audience addressed this issue.
Motion by Mr. O'Laughlin, seconded by Mrs. Benjamin, to close the public hearing. Carried
unanimously.
Motion by Mrs. Lubeck, seconded by Mr. O'Laughlin, to grant the appeal subject to the conditions
listed in the staff report of January 3, 1994 including hours of 11am-11pm Monday through Thursday,
Friday 11am-1am, Saturday 10am-1am and Sunday 10am-11pm, with the addition of 8B) Non-
uniformed security will be required Friday and Saturday evenings between the hours of 11pm and
1:15am and the effectiveness of this action will be reviewed in one year; and finding that the Planning
Commission had erred because they did not have the new policy before them at the time, including the
following findings: that late night service will not adversely impact the adjacent residential
neighborhoods as the business has already demonstrated the ability to be a good neighbor; the
business does not have a history of complaints; the business clearly benefits the community by being
a good neighbor and sets an example for others as to how a good restaurant should operate in town;
the adjacent neighbors most affected by this establishment have testified that they are in favor of the
change in hours to one on Friday and Saturday. Carried unanimously.
ANIMAL CONTROL SERVICES/FEES:RESOLUTION 1994-30/WEST VALLEY CITIES:
RESOLUTION 1994-31/HUMANE SOCIETY:RESOLUTION 1994-32/TOWN CODE CHAPTER 4
AMENDMENT:ORDINANCE 1971/HEARING (14.48)
Mayor Attaway stated that this was the time and place duly noted for public hearing to consider
animal control services, fees and agreements.
The following person spoke to this item:
Mary Kay Osborn, 17051 Wild Way, requested enforcement of cat licencing.
No one else from the audience addressed this item.
Motion by Mr. Blanton, seconded by Mrs. Lubeck, to close the public hearing. Carried unanimously.
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HEARINGS CONTINUED
ANIMAL CONTROL CONT.
Motion by Mrs. Lubeck, seconded by Mr. Blanton, that Council adopt Ordinance 1971 entitled,
ORDINANCE OF THE TOWN OF LOS GATOS REPEALING CHAPTER 4-ANIMALS AND
FOWL AND ENACTING A NEW CHAPTER 4-ANIMALS, which was introduced at the Town
Council meeting of February 7, 1994. Carried by a vote of 4 ayes. Mrs. Benjamin voted no, stating
that enforcement for compliance to section 4.40.025 should be addressed and solutions identified by
the 5 West Valley Cities.
Motion by Mrs. Lubeck, seconded by Mr. O'Laughlin, that Council adopt Resolution 1993-30
entitled, RESOLUTION OF THE TOWN OF LOS GATOS AMENDING CERTAIN FEES,
RATES AND CHARGES. Carried by a vote of 4 ayes. Mrs. Benjamin voted no as previously noted.
Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council adopt Resolution 1993-31 entitled,
RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE MAYOR TO SIGN
AGREEMENT WITH THE FIVE WEST VALLEY CITIES TO PROVIDE ANIMAL
SERVICES TO THE WEST VALLEY CITIES. Carried by a vote of 4 ayes. Mrs. Benjamin voted
no for reasons previously stated.
Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council adopt Resolution 1993-32 entitled,
RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER
TO SIGN AGREEMENT WITH THE HUMANE SOCIETY OF SANTA CLARA VALLEY
FOR PROVIDING ANIMAL CONTROL SERVICES TO THE FIVE WEST VALLEY CITIES
UPON EXECUTION OF AGREEMENT WITH FIVE WEST VALLEY CITIES. Carried
unanimously.
POLICE OFFICERS/STAFFING (15.09)
Motion by Mrs. Lubeck, seconded by Mr. O'Laughlin, that Council authorize two additional police
officers. Carried unanimously.
MIXED USE/DEVELOPMENT STANDARDS/RESOLUTION 1994-33 (16.46)
Motion by Mrs. Benjamin, seconded by Mr. O'Laughlin, that Council adopt Resolution 1994-33
entitled, RESOLUTION OF THE TOWN OF LOS GATOS ESTABLISHING DEVELOPMENT
STANDARDS FOR MIXED USE PROJECTS, noting that the Council is adopting these guidelines
for anyone who wants to look at mixed use but they have no automatic right to approval of any
projects down the road. All projects will still be required to complete the Planning Processes and
must be compatible with their surrounding neighborhood. Carried unanimously.
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Los Gatos, California
HILLBROOK BENEFIT ZONE/LANDSCAPING & LIGHTING DIST 1/ENGINEER'S REPORT
OPEN SPACE DISTRICT 1 DISSOLUTION:RESOLUTION 1994-34/ORDINANCE INTRO
RESOLUTION OF INTENTION TO CREATE AND ANNEX 1994-35 (17.04)
Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, that Council accept the Engineer's report on
Fiscal Year 1994-95 on maintenance cost. Carried unanimously.
Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, that Council adopt Resolution 1994-34
entitled, RESOLUTION OF THE TOWN OF LOS GATOS OF INTENTION TO ADOPT AN
ORDINANCE DISSOLVING OPEN SPACE MAINTENANCE DISTRICT #1. Carried
unanimously.
Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, that Council adopt Resolution 1994-35
entitled, RESOLUTION OF THE TOWN OF LOS GATOS OF INTENTION TO CREATE
AND ANNEX HILLBROOK BENEFIT AREA INTO LANDSCAPING AND LIGHTING
DISTRICT #1, DESIGNATE IT AS HILLBROOK BENEFIT ZONE, AND ESTABLISH A
POLICY ON CAPITAL REPLACEMENT AND CREDIT FOR EXISTING FUNDS IN OPEN
SPACE MAINTENANCE DISTRICT #1. Carried unanimously.
The Town Clerk read the Title of the Draft Ordinance.
Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, that Council waive the reading of the Draft
Ordinance. Carried unanimously.
Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, that Council introduce Draft Ordinance
entitled, ORDINANCE OF THE TOWN OF LOS GATOS DISSOLVING TOWN OF LOS
GATOS OPEN SPACE MAINTENANCE DISTRICT 1 ON CONDITION THAT A
LANDSCAPING AND LIGHTING DISTRICT BENEFIT ZONE BE ESTABLISHED AND
THAT CERTAIN USES BE MADE WITH THE FUNDS REMAINING IN THE OPEN SPACE
MAINTENANCE DISTRICT #1 ACCOUNT. Carried unanimously.
WORD PERFECT 4.0A/PURCHASE & INSTALLATION (18.28)
Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, that Council purchase the Word Perfect Office
4.0A software and documentation from Software Spectrum with the lowest responsible bid of $4,257;
and purchase the installation, training, and support services from P.C. Optimizers with the lowest
responsible bid of $4,775 and establish contingencies of +/-20%. Carried unanimously.
BROADWAY 71/SECOND STORY ADDITION/S-93-33/RESOLUTION 1994-36 (09.09)
Motion by Mrs. Lubeck, seconded by Mr. O'Laughlin, that Council adopt Resolution 1994-36
entitled, RESOLUTION OF THE TOWN OF LOS GATOS GRANTING AN APPEAL OF
PLANNING COMMISSION DENIAL OF AN APPLICATION TO ADD A SECOND STORY
AND EXCEED THE FLOOR AREA RATIO ON PROPERTY IN THE R-1D-LHP ZONE,
ARCHITECTURE AND SITE APPLICATION S-93-33, which incorporates the findings and
decision of the Town Council at its meeting of February 7, 1994, and will also drop the words, "and
currently is used as a below-market-rate unit" in the 8th Whereas. Carried unanimously.
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Los Gatos, California
ROUTE 85/GRAND OPENING CELEBRATION (19.39)
Mrs. Lubeck gave a report on the proceedings for the Route 85 opening celebrations. The plans thus
far for Saturday the 15th of October, 1994, are for various communities to conduct their own
festivities. Athletic events may take place on the 16th, but plans were not well established at this
point. Traffic Authority was to contact the Santa Clara County Community Foundation and the United
Way to see if those organizations would coordinate an athletic event. Wednesday the 19th VIP
recognitions are scheduled. Staff to write letter to Jack Lucas stating that Los Gatos would conduct
their own celebration on Saturday and would like to receive as little impact as possible from the
Sunday athletic events.
SANTA CLARA COUNTY CITIES ASSOC (20.20/40)
Mrs. Benjamin reported that the plans for next year Joint Venture of Silicon Valley include
contributions from the local municipalities and a request of $5,000 from Los Gatos.
CMA merger of Transportation Agency will be coming up in a bill establishing the merger, and an
urgency bill to change the election date to November. There was also information regarding the
current financial standings.
ADJOURNMENT
Motion by Mrs. Lubeck, seconded by Mrs. Benjamin, that this evening's meeting be adjourned at
10:58 p.m. Carried unanimously.
ATTEST:
Marian V. Cosgrove
Town Clerk
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