M 07-05-94TOWN OF LOS GATOS
CALIFORNIA
TOWN COUNCIL/PARKING AUTHORITY
July 5, 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 7:32 p.m., Tuesday, July 5, 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 the Council had not met in closed session this evening.
SCHEDULE OF PUBLIC HEARINGS (01.01)
Informational report regarding currently scheduled public hearings was received and filed.
PLANNING COMMISSION/PLANNING DEPARTMENT MONTHLY STATUS (02.47)
Informational report regarding the monthly status of the Planning Commission and Planning
Department was received and filed.
COUNCIL CALENDAR OF MEETINGS (03.10)
Informational report on Council meetings and Boards and Commission meetings was received and
filed.
PAYROLL RATIFICATION/JUNE 1994 (04.V)
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Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, that Council ratify the check register for the
payroll of June 5, 1994 through June 18, 1994 paid on June 24, 1994 in the amount of $345,242.48.
Carried unanimously.
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ACCOUNTS PAYABLE/RATIFICATION/JUNE 1994 (05.V)
Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, that Council ratify the accompanying check
registers for accounts payable invoices paid on June 24, 1994 the amount of $341,686.51. Carried
unanimously.
TOWN COUNCIL MINUTES/JUNE 27, 1994 (06.V)
Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, that Council adopt the minutes of June 27,
1994. Carried unanimously.
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CLAIM REJECTION/JOHN LIEN (07A.01)
Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, that Council reject the claim of John Lien
for alleged injuries occurring on January 5, 1994, and filed June 28, 1994 with the Town Clerk.
Carried unanimously.
CLAIM REJECTION/DIANE LIEN (07B.01)
Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, that Council reject the claim of Diane Lien
for alleged loss of consortium from alleged incident on January 5, 1994 to John Lien, her spouse,
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aand filed June 28, 1994 with the Town Clerk. Carried unanimously.
GENERAL MUNICIPAL ELECTION/REGISTRAR OF VOTERS/CONSOLIDATION
PROCEDURES/LEVY COST OF STATEMENTS/FILING FEES/NOTICE OF
ELECTION/RESOLUTION 1994-96 (08.22)
Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, that Council adopt Resolution 1994-96
entitled, RESOLUTION ORDERING AND CALLING A GENERAL MUNICIPAL
ELECTION TO BE HELD IN THE TOWN OF LOS GATOS ON NOVEMBER 8, 1994;
REQUESTING THE SERVICES OF THE REGISTRAR OF VOTERS; REQUESTING
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aCONSOLIDATION OF ELECTIONS AND SPECIFYING CERTAIN PROCEDURES FOR
THE CONSOLIDATED ELECTION; DETERMINING TO LEVY THE COST OF
CANDIDATES' STATEMENTS' REQUIRING PAYMENT OF CANDIDATES' FILING
FEES; AND PROVIDING FOR GIVING NOTICE OF ELECTIONS. Carried unanimously.
AGREEMENT/FOOTHILL AIR CONDITIONING & HEATING
POLICE DEPARTMENT COMPUTER ROOM/RESOLUTION 1994-97 (09.28)
Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, that Council adopt Resolution 1994-97
entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN
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aMANAGER TO EXECUTE AN AGREEMENT WITH FOOTHILL AIR CONDITIONING
AND HEATING, INC. TO FURNISH AND INSTALL A DEDICATED AIR CONDITIONING
UNIT IN THE POLICE DEPARTMENT COMPUTER ROOM. Carried unanimously.
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BELGATOS LANE 307/TASSO & SOULAS PATTAS/RESOLUTION 1994-99 (11.09)
Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, that Council adopt Resolution 1994-99
entitled RESOLUTION OF THE TOWN OF LOS GATOS DENYING APPEAL OF A
DECISION OF THE PLANNING COMMISSION TO UPHOLD A DECISION OF THE
DEVELOPMENT REVIEW COMMITTEE TO DENY A TWO-LOT SUBDIVISION OF A
10.6 ACRE PARCEL AND RELOCATION OF AN OPEN SPACE EASEMENT IN THE HR
2-1/2 ZONE; NEGATIVE DECLARATION ND-93-6 AND SUBDIVISION APPLICATION
M-93-2. PROPERTY ADDRESS: 307 BELGATOS LANE/PROPERTY
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aOWNERS/APPELLANTS: TASSO AND SOULAS PATTAS. Carried unanimously.
HISTORIC DISTRICTS/FILING FEES/ORDINANCE 1981 (12.15)
Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, that Council adopt Ordinance 1981 entitled
ORDINANCE OF THE TOWN OF LOS GATOS REPEALING TOWN CODE SECTION
29.80.320 REGARDING FILING FEES IN HISTORIC DISTRICTS. Carried unanimously.
PERMIT PARKING/SOUTHERN PACIFIC RIGHT-OF-WAY/ORDINANCE 1982 (13.38)
Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, that Council adopt Ordinance 1982 entitled
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aORDINANCE OF THE TOWN OF LOS GATOS REPEALING SECTION 15.40.160
THROUGH 15.40.200 OF THE TOWN CODE REGARDING PERMIT PARKING IN THE
SOUTHERN PACIFIC RIGHT-OF-WAY. Carried unanimously
BUSINESS LICENSE/SMALL CONTRACTORS WITH TOWN EXEMPT/ORDINANCE 1983
(14.05)
Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, that Council adopt Ordinance 1983 entitled
ORDINANCE OF THE TOWN OF LOS GATOS AMENDING ARTICLE II OF CHAPTER
14 TO EXEMPT BUSINESSES WHOSE ONLY INCOME IN TOWN DERIVES FROM
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aCONTRACTS WITH THE TOWN FOR SMALL AMOUNTS. Carried unanimously.
HEARINGS
VEHICLE REPAIR/RESIDENTIAL LOTS/ORDINANCE INTRODUCTION (15.46)
Mayor Attaway stated that this was the time and place duly noted for public hearing to consider
introducing Ordinance amending section 29.10.020 and adding section 29.50.048 of the Town Code
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ato add definition of categories of vehicle repair and to add restrictions concerning the repair of
vehicles on residential lots. This matter will not have a significant impact on the environment and
is, therefore, exempt from the requirements of the California Environmental Quality Act. Zoning
Ordinance amendment A-94-3. Applicant: Town of Los Gatos.
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aHEARINGS CONTINUED
VEHICLE REPAIR CONT.
Mr. Blanton stated that because of family history pertaining to this matter he would excuse himself
from the proceedings.
Mrs. Lubeck questioned the amount of time involved in investigating these complaints and the
current laws which govern the matter.
Mr. O'Laughlin felt that the definition in the proposed Ordinance would eliminate the situation of
trying to make a determination between a business and a hobby.
Mrs. Benjamin inquired as to contact with other cities and their regulations regarding this matter.
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aMr. Bowman responded that several ordinances had been brought to staffs attention which they felt
would address these concerns.
Mrs. Lubeck voiced some concern over the language of the purposed Ordinance.
The following people spoke in favor of the Ordinance:
Michael Jones, Attorney, 19 N. Santa Cruz Avenue representing Terry Donahue and Kathy Christy
who have been affected by vehicle repairs in their neighborhood. They are not only concerned with
the repairing of vehicles but also the increased traffic of truck which deliver parts for the vehicles
and the storage of any toxic or hazardous waste resulting from the repairs.
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Motion by Mrs. Benjamin, seconded by Mr. O'Laughlin to close the public hearing.
Carried 4 ayes, one absent.
Mrs Lubeck indicated her concern regarding the definition of "hobbyist" and the length of time
allocated for repairs as well as the definition which indicates that the repair shall be performed only
on a vehicle that is entirely inside a fully enclosed building.
Mr. O'Laughlin feels the Ordinance is a very good proposal and long over due.
Mrs. Benjamin would like to solve the problem for the neighbors and our staff. However she
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awould like to be sure that the Town is solving the problem and that this Ordinance covers all the
concerns which have been voiced.
Mayor Attaway also feels the Ordinance is a very good one but has some concerns regarding the
number of hour allocated to the repair work. He does not want to rush into passing the Ordinance if
it can be refined to accommodate everyone's concerns.
Mr. O'Laughlin indicated that he could continue to support the Ordinance if it was refined to make
enforcement easier but that he was not interested in diluting the Ordinance in any significant way.
Motion by Mrs Lubeck, seconded by Mr. O'Laughlin, to continue this matter to the Council
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aagenda of July 18, 1994. Carried four ayes, one absent. Mrs. Lubeck will meet with Staff to
develop alternate suggestions.
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HEARINGS CONTINUED
WEST PARR AVENUE/EAST OF VALE AVENUE/CLOSING/SIX MONTH TEST (16.38)
Mayor Randy Attaway stated that this was the time and place duly noted for public hearing to
consider closing West Parr Avenue east of Vale Avenue for a six month test period.
Town Manager, David Knapp, indicated that the City of Campbell had asked that this matter be
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acontinued to July 18, 1994 and that Campbell had requested that no action be taken on this matter
this evening.
The following people spoke against the closing of West Parr Avenue on a trial basis.
John Hanna, Attorney: 525 University Avenue, Palo Alto representing one of the Los Gatos
property owners.
Nat Dardanelli, 400 Dardanelli Lane
Terry Green, 135 Vinyard Court
Truman Gates, Los Gatos/Saratoga Community Hospital, 815 Pollard Ave.
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aChris Hunt, speaking for J. Cyril Johnson Investment Corporation.
Jesse Pu, Assistant Engineer, City of Campbell indicated that they had received the Town Council
report today and they would like to have some time to review the report before making any
comments. He asked for a continuance of the matter.
Motion by Mr. Blanton, seconded by Mrs. Benjamin to continue this matter to August 1, 1994.
Carried unanimously.
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aMr. O'Laughlin suggested that Mayor Attaway meet with the city officials and staff of the City of
Campbell to further discuss and understand this matter and maybe find a solution that Los Gatos
would support.
Mayor Attaway excused himself from the Chair and requested that Vice Mayor O'Laughlin
chair the remainder of the July 5, 1994 Town Council/Redevelopment meeting.
PEDESTRIAN/BICYCLE/OVERCROSSING/HIGHWAY 17/EAST MOZART AVE
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aRESOLUTION 1994-98 (10.22)
Carol Anne Webber, Chair of the Trails and Bikeways Committee indicated that she had some
questions to ask on behalf of Sheldon Smith, acting chair for the bicycle advisory group who was
out of town at this time.
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aPEDESTRIAN OVERCROSSING CONT.
Vice Mayor O'Laughlin pointed out that this resolution was only to urge Santa Clara County
Traffic Authority to construct a pedestrian/bicycle overcrossing of State Highway 17 at East Mozart
Avenue and that funding and design issues are not before the Los Gatos Council.
Mrs. Benjamin suggested that the Trails and Bikeways Committee attend the Traffic
Authority meetings and give their input regarding this matter.
Mrs. Lubeck feels that although the Town has no control over the project, the Resolution is strong
enough to let the Traffic Authority know how the Town feels.
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aMotion by Mrs. Benjamin, seconded by Mrs. Lubeck, to adopt Resolution 1994-98 entitled
RESOLUTION OF THE TOWN OF LOS GATOS URGING THE SANTA CLARA COUNTY
TRAFFIC AUTHORITY TO PLAN, DEVELOP, AND CONSTRUCT A PEDESTRIAN
N/BICYCLE OVERCROSSING OF STATE HIGHWAY 17 AT EAST MOZART AVENUE
and to direct Staff to take care of the environmental issue, the funding issue and to express to the
Traffic Authority our concerns about completing the project as soon as possible and our desire to
work with them. Carried by a vote of 4 Ayes. Mr. Attaway absent.
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a9307 PROJECT/LOS GATOS BLVD/MADONNA CONST/RESOLUTION 1994-100 (17.35)
Mrs. Benjamin asked why the bids came in so much higher than we had expected. Mr. Bowman
replied that the excavation, amount of base rock required, and the cost of the asphalt were all
factors.
Mr. Blanton asked if we had checked the credentials of Madonna Construction Company.
Mr. Bowman replied that the Traffic Authority had no problem with them during construction of
Highway 85 and that we had checked on the company to the best of our ability.
Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, to award the contract for Project 9307 - Los
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aGatos Boulevard widening to Madonna Construction company with the lowest responsible bid of
$481,388. Carried by a vote of 4 Ayes. Mr. Attaway absent.
Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, to adopt Resolution 1994- 100 entitled
RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE EXECUTION OF
AN AGREEMENT WITH MADONNA CONSTRUCTION COMPANY FOR PROJECT 9307
- LOS GATOS BOULEVARD WIDENING. Carried by a vote of 4 ayes. Mr. Attaway absent.
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aMotion by Mrs. Benjamin, seconded by Mrs. Lubeck, to increase the project budget by $26,298
and authorize transfer of $26,298.00 from deposit account for Deferred Traffic Mitigation 100-
26710 to gas tax fund 480-48952. Carried by a vote of 4 ayes. Mr. Attaway absent.
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COUNCIL COMMITTEE REPORTS (18.10)
Mrs. Lubeck reported on the Route 85 celebration and stated that all of the Communities had agreed
to leave at least the shoulder and the slow lane of the southern most portion of the freeway,
extending from Cupertino to San Jose, open and accessible to anyone wishing to go from one end of
the new freeway to the other. Also, since the communities of Los Gatos and San Jose were going to
overlap, San Jose will move more toward Camden Avenue so as not to infringe on Los Gatos's
celebration. Mrs. Lubeck also stated that the tunnel tours would not be possible and that there were
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aa lot of logistics to still be worked out.
Council Meeting Schedule was discussed.
Motion by Mr. O'Laughlin, seconded by Mrs. Lubeck, to cancel the August 15, 1994 and the
September 18, 1994, Town Council meetings. The August meeting for lack of a quorum due to
scheduled summer vacations, and the September meeting also for lack of a quorum due to three
councilmembers visiting the Town's Sister City in Ireland. Carried by a vote of 4 ayes. Mr.
Attaway absent.
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aMotion by Mr. Blanton, seconded by Mrs. Benjamin, that this evening's meeting be adjourned at
9:45 p.m. Carried by a vote of 4 ayes. Mr. Attaway absent.
ATTEST:
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MarLyn J. Rasmussen
Senior Deputy Clerk
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