M 05-02-94TOWN OF LOS GATOS
CALIFORNIA
TOWN COUNCIL/PARKING AUTHORITY
May 2, 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., Monday, May 2, 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
Mayor Attaway stated that Council did not meet in Closed Session this evening.
SCHEDULE OF PUBLIC HEARINGS (01.01)
Informational report regarding currently scheduled public hearings was received and filed.
MINUTES OF APRIL 18, 1994 (02A.V)
Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council approve the Minutes of April 18,
1994 as submitted. Carried unanimously.
MINUTES OF APRIL 25, 1994 (02B.V)
Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council approve the Minutes of April 25,
1994 as submitted. Carried unanimously.
TREASURER'S REPORT (03.V)
Informational report submitted by the Treasurer to the Council as of July 30, 1994, was received and
filed.
COUNTY REFERRALS (04.47)
Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council approve the recommended action
concerning County Referral on the following item: Referral Number 5763; Location at the South end
of Tourney road; Applicant is Bridgeman/DePalma; Request of Lot Line Adjustment and Variance;
Staff Recommends Approval. Carried unanimously.
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)
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Informational item presenting future Town Meetings for Council and other Town Boards and
Commissions was received and filed.
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PAYROLL/RATIFICATION/APRIL 1994 (07.V)
Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council ratify the accompanying check
register for payroll of March 27 through April 9, 1994 paid on April 15, 1994 in the amount of
$206,606.40. Carried unanimously.
TRAILS AND BIKEWAYS COMMITTEE/ADVERTISE FOR VACANCIES (09.20)
Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council accept report from Trails and
Bikeways Committee, determine vacancy exists, and instruct Clerk to advertise for applications to fill
vacancy. Carried unanimously.
9323 PROJECT/OAK MEADOW PARK/REST ROOM RENOVATION (10.35)
Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council approve contingency increase for
Project 9323 Oak Meadow Park rest room renovation by $2,000. Carried unanimously.
TRANSIT ASSIST PROGRAM/OPERATING BUDGET (11.06)
Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council amend the Community Services
Department's Transit Assist program FY 1993-94 Operating budget by transferring funds from full-
time employees account to insurance account. Carried unanimously.
ART COMMISSION/ART COUNCIL OF SANTA CLARA COUNTY/GRANT (12.20)
Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council amend the Arts Commission's
1993-94 budget to incorporate Arts Council of Santa Clara County 1994 grant of $1622. Carried
unanimously.
COMMUNITY FORUMS/COUNCIL PARTICIPATION (13.10)
Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council accept report on participation in
Community Forums. Carried unanimously. (Council also requested staff consideration of vacation
schedules and councilmember's available calendar time.)
MOBILEHOME RENTAL/TENANT-LANDLORD DISPUTES/ORDINANCE 1973 (15.19)
Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council re-adopt Ordinance 1973 entitled,
ORDINANCE OF THE TOWN OF LOS GATOS AMENDING ARTICLE 14.85 REGARDING
MOBILEHOME RENTAL AND OTHER TENANT/LANDLORD DISPUTES, which was
introduced at the Town Council meeting of March 7, 1994. Carried unanimously.
OFFICE USE/GROUND FLOOR/A-92-3A/ORDINANCE 1975 (16.46)
Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council adopt Ordinance 1975 entitled,
ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONING ORDINANCE
OF THE TOWN CODE TO PERMIT GROUND FLOOR OFFICE USES ON STREETS,
ALLEYWAYS OR PARKING LOTS WHERE THEY ARE PRESENTLY NOT ALLOWED,
which was introduced at the Town Council meeting of April 4, 1994. Carried unanimously.
ALCOHOLIC BEVERAGE POLICY/RETROACTIVE/ORDINANCE 1976 (17.43)
Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council adopt Ordinance 1976 entitled,
ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE TOWN CODE SECTIONS
29.10.225 AND 29.20.310 AND ADDING SECTION 29.20.318 TO PROVIDE A PROCEDURE
SERVING ALCOHOLIC BEVERAGES IN CASES WHERE USE PERMIT CONDITION OR
ALCOHOLIC BEVERAGE POLICY IS VIOLATED, which was introduced at the Town Council
meeting of April 18, 1994. Carried unanimously.
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MASSAGE STUDIOS/LICENSED MEDICAL PRACTITIONERS/ORDINANCE 1977 (18.05)
Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council adopt Ordinance 1977 entitled,
ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE DEFINITION OF SEX
STUDIO CONTAINED IN TOWN CODE SECTION 29.10.020 TO CLARIFY EXCEPTION
FOR MASSAGE PRACTICE LICENSED MEDICAL PRACTITIONERS AND ATHLETIC
TRAINERS, which was introduced at the Town Council meeting of April 18, 1994. Carried
unanimously.
VERBAL COMMUNICATIONS:
Hillside Water Supply-
Richard Pardini, representing San Jose Water Co., spoke of water supply, specifically for the
hillsides and under emergency conditions.
Jo Bartlett, 166 Oak Hill Way, asked for assistance on Oak Hill and Central to eliminate weeds and
supply sufficient water to control potential fires in the area.
HEARINGS CONTINUED
SIGNS/SPECIAL EVENTS/REGULATIONS/ORDINANCE INTRODUCTION/HEARING (19.46)
Mayor Attaway stated that this was the time and place duly noted for public hearing to consider
introducing an ordinance amending the Town Code to modify regulations for display of temporary
signs in conjunction with events and special events; zoning ordinance amendment A-92-5A. This
matter will not have a significant impact on the environment, and is therefore exempt from the
requirements of the California Environmental Quality Act. Applicant, Town of Los Gatos.
No one from the audience addressed this issue.
Motion by Mrs. Benjamin, seconded by Mr. O'Laughlin, that Council close the public hearing.
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 on the Draft
Ordinance. Carried unanimously.
Motion by Mrs. Lubeck, seconded by Mrs. Benjamin, that Council introduce Ordinance entitled,
ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE TOWN CODE TO
MODIFY REGULATIONS FOR DISPLAY OF TEMPORARY SIGNS IN CONJUNCTION
WITH EVENTS AND SPECIAL EVENTS. Carried unanimously.
LANDSCAPE AND LIGHTING DISTRICT #1/HILLBROOK BENEFIT ZONE
ORDINANCE 1978/RESOLUTION 1994-63/HEARING (20.04)
Mayor Attaway stated that this was the time and place duly noted for public hearing to consider
dissolution of Open Space District #1 and annexation of Hillbrook Benefit Zone into Landscape and
Lighting District #1.
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HEARINGS CONTINUED
HILLBROOK BENEFIT ZONE CONT.
The following person addressed Council on this subject:
Everett Eiselen, 112 Hillbrook Dr., spoke in favor of the formation of the benefit zone and mentioned
Town's responsibility for liability in regards to the district.
No one else from the audience spoke on this issue.
Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, that Council close the public hearing.
Carried unanimously.
Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council adopt Ordinance 1978 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, which was introduced at the meeting of February 22, 1994. Carried
unanimously.
Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council adopt Resolution 1994-63
entitled, RESOLUTION OF THE TOWN OF LOS GATOS ANNEXING THE HILLBROOK
AREA INTO LANDSCAPING & LIGHTING DISTRICT #1, DESIGNATING IT AS
HILLBROOK BENEFIT ZONE, AND ESTABLISHING A POLICY ON CAPITAL
REPLACEMENT AND CREDIT FOR PREEXISTING FUNDS IN OPEN SPACE
MAINTENANCE DISTRICT #1. Carried unanimously.
MASSOL AVE 218/SECONDARY UNIT/HUTCHINS/APPEAL (21.09)
Mayor Attaway stated that this was the time and place duly noted for public hearing to consider an
appeal of a decision of the Planning Commission upholding a decision of the Planning Director in
denying a building permit application to expand the floor area of a lawful secondary dwelling unit on
property in the R-1D-LHP zone. Architecture and Site Application S-94-9. Property located at 218
Massol Ave. Property owner, Hutchins Family Partnership, L.P.
The following person addressed this issue:
Brian Hutchins, property owner, spoke regarding the project and asked Council to consider the
request for a remodel of a secondary unit.
There was no one else from the audience to address this subject.
Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council close the public hearing. Carried
unanimously.
Motion by Mr. O'Laughlin, seconded by Mrs. Benjamin, that Council uphold the Planning
Commission's decision denying the appeal for the following reasons: an extension on this unit could
lead to difficulties with other secondary dwelling applications under the present ordinance; neighbors
were promised that the units would not be allowed to expand; the fire wall was caused by the use at
the time and was grandfathered in as what was currently in existence. Carried by a vote of 4 ayes.
Mrs. Lubeck voted no because she did not feel this was a clear case in regards to the spirit and intent
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of the law.
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TRANSPORTATION DEMAND MANAGEMENT/ORD INTRO (22.40)
The Town Clerk read the Title of the Draft Ordinance.
Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council waive the reading of the Draft
Ordinance. Carried unanimously.
Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council introduce Draft Ordinance
entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING ARTICLE VIII OF
CHAPTER 15 OF THE TOWN CODE RELATING TO TRANSPORTATION DEMAND
MANAGEMENT. Carried unanimously.
LIBRARY SERVICE/COUNTY LIBRARY DISTRICT/PARCEL TAX (23.45)
Consensus motion that Council accept and file report on proposal concerning reciprocal library
service with the County Library District.
ARTS COMMISSION/STUDY SESSION (24.20)
Consensus motion that Council reagendize the Study Session with the Arts Commission to May 9,
1994.
ACCOUNTS PAYABLE/RATIFICATION/APRIL 1994 (08.V)
Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council ratify accompanying check register
for accounts payable invoices in the amount of $427,619.01, paid on April 15 and April 22, 1994.
Carried unanimously.
SMOKING ORDINANCE/PREEMPTION OF LOCAL AUTHORITY (14.42)
Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council adopt Resolution 1994- entitled,
RESOLUTION OF THE TOWN OF LOS GATOS ENCOURAGING RESIDENTS NOT TO
SUPPORT THE PHILIP MORRIS STATEWIDE SMOKING INITIATIVE. Carried
unanimously.
COUNCIL COMMITTEE REPORTS:
SANTA CRUZ-LOS GATOS RAIL PROJECT JOINT POLICY BOARD (25.42)
Lee Bowman, Planning Director, reported on the last meeting and noted that the next meeting would
be May 6, 1994. Council was opposed to any downtown streets and parking facilities being used for
the rail lines. Council was fully in support of light rail in the established transportation corridors
within Los Gatos. Highway 17 would be supported by Council as an access way for the light rail
particularly if convenient access to the downtown was made available. The neighborhood meeting
planned for June has been moved to an evening meeting, May 19, 1994 at the Neighborhood Center.
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ABAG GENERAL ASSEMBLY/RESTRUCTURING GOVERNMENT (25.21)
Linda Lubeck reported on the committee on streamlining government and the work in progress on
restructuring.
ROUTE 85 GRAND OPENING (25.38)
Linda Lubeck reported that the next meeting for the Route 85 Opening would be held on May 19,
1994, at 5:00 P.M.
WORLD CUP USA'94 BRAZILIAN TEAM HOST COMMITTEE (25.20)
Randy Attaway spoke of the work under way and the development of a reception area at Old Town.
Pat O'Laughlin reported on the meeting with the restaurants and cafe owners. Their plans are to
support the other sub-committees work and place an insert in Portuguese within their menu. They
also talked of a diner's guide to Los Gatos and he reminded everyone that the first contingent of the
team will be arriving May 26, 1994.
ADJOURNMENT
Motion by Mr. Blanton, seconded by Mrs. Benjamin, that this evening's meeting be adjourned at
9:25 p.m. Carried unanimously.
ATTEST:
Marian V. Cosgrove
Town Clerk
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