M 10-03-94TOWN OF LOS GATOS
CALIFORNIA
TOWN COUNCIL/PARKING AUTHORITY
October 3, 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., Monday, October 3, 1994, in regular session.
ROLL CALL
Present:Joanne Benjamin, Linda Lubeck,
Patrick O'Laughlin and Mayor Attaway.
Absent:Steven Blanton.
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
Carstens v. Town of Los Gatos in Santa Clara County Superior Court, Case 726732, concerning a
certificate of compliance action by the Council. Council has been provided a current update on the
process and directed Counsel concerning the handling of the case.
Pursuant to Government Code Section 54956.9(a), Council met to discuss Pending Litigation
regarding McNelly v. Town of Los Gatos in Santa Clara Superior Court, Case 729007, concerning the
Los Gatos Mobil Home Park. Council was updated on the current status of the case and how it is
being handled.
Pursuant to Government Code Section 54956.9(b), Council met to discuss Litigation Imminent After
Claim, concerning a claim of Anita Gryska in behalf of her mother who suffered an injury in a transit
assist accident. Council was updated on the claim settlement by Transit Assist and the City of
Saratoga on behalf of the Town.
Pursuant to Government Code Section 54957, Council met to discuss a Confidential Personnel item
regarding an Industrial Disability application of Police Officer Timothy Burns. He was seeking
retirement approval from the Town based on industrial disability under PRS Law. Council approved
that application on a vote of 4 ayes, 1 absence.
PARK COMMISSION/APPOINTMENTS/BROOKS BRODRICK/MARY MACKLEY (01.20)
Mayor Attaway announced the confirmation of appointments to the Park Commission of two student
members, Brooks Brodrick and Mary Mackley. Motion by Mrs. Benjamin, seconded by Mrs.
Lubeck to affirm the appointments of Ms Brodrick and Ms Mackley to the Park Commission for terms
to expire September 1995. Carried by a vote of 4 ayes. Mr. Blanton was absent.
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PRESENTATIONS:
AMERICAN INSTITUTE OF CERTIFIED PLANNERS/BUD LORTZ/KIRK HEINRICHS (000.42)
Mayor Attaway presented commendations from the Town to Senior Planner, Bud Lortz and Planner II,
Kirk Heinrichs for their outstanding accomplishment in receiving their certification from the
American Institute of Certified Planners. Both Mr. Lortz and Mr. Heinrichs were present to receive
their commendations from the Mayor and thanked the Town for this opportunity.
WORLD CUP/BRAZILIAN SOCCER TEAM/LAURIE CALLOWAY/ANTONIO LANNES (XX.23)
Mayor Attaway recognized the outstanding contributions of two Los Gatos residents who contributed
to the welcoming of the Brazilian World Cup Team to our Town. Laurie Calloway, of the 1970's San
Jose Earthquakes, and presently of the Black Hawks, representative and liaison to the World Cup
organizing committee, and Antonio Lannes, who was instrumental in forming a communications link
with the Brazilian Soccer Confederation and assisting in the cross cultural exchange, were the
recipients of the commendations. Both gentlemen were present to receive their commendations and
thanked the Town for its cooperation and generosity during the time of this event.
HOUSING AND COMMUNITY DEVELOPMENT CITIZENS ADVISORY/JO BARTLETT
(XXX.20)
Mayor Attaway presented a commendation from the Town to Jo Bartlett for her many years of
dedicated service to the Town while serving on the Housing and Community Development Citizens
Advisory Committee since 1979. Ms Bartlett has worked for seniors and low income families in
helping establish affordable housing at Open Doors and Villa Vasona among other Town projects. Jo
Bartlett accepted her commendation and expressed her gratitude for the opportunity to serve our Town
in this participatory democracy.
SISTER CITY/LISTOWEL/IRELAND (00.20)
Mayor Attaway displayed the exchange gifts from our Sister City in Ireland. There was a crystal bowl
from Waterford, Ireland, and a plaque from the City of Listowel, made by one of the Councilpersons
and presented to Los Gatos during our Councilmember's visit last month.
SCHEDULE OF PUBLIC HEARINGS (02.01)
Informational report regarding currently scheduled public hearings was received and filed.
COUNTY REFERRALS (03.47)
Motion by Mrs. Lubeck, seconded by Mrs. Benjamin, that Council approve the recommended action
concerning County Referrals:
# LOCATION APPLICANT REQUEST RECOMMENDATION
5866 15870 Orange Blossom Seid Variance Approval
Carried by a vote of 4 ayes. Mr. Blanton was absent.
PLANNING COMMISSION/PLANNING DEPARTMENT MONTHLY STATUS REPORT (04.47)
Informational report regarding activity of Planning Commission and Department was received and
filed.
TREASURER'S REPORT (05.V)
Informational report submitted by the Treasurer to the Council as of July 31, 1994, was received and
filed.
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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/AUGUST-SEPTEMBER 1994 (07.V)
Motion by Mrs. Lubeck, seconded by Mrs. Benjamin, that Council ratify the check registers for the
payrolls of August 14 through August 27, 1994 paid on September 2, 1994 and August 28 through
September 10, 1994 paid on September 16, 1994 in the amount of $430,434.37. Carried by a vote of
4 ayes. Mr. Blanton was absent.
ACCOUNTS PAYABLE/RATIFICATION/SEPTEMBER 1994 (08.V)
Motion by Mrs. Lubeck, seconded by Mrs. Benjamin, that Council ratify the accompanying check
registers for accounts payable invoices paid on September 2, 9, 16, 19 and 23, 1994 in the amount of
$678,827.04. Carried by a vote of 4 ayes. Mr. Blanton was absent.
MINUTES OF JUNE 6, 1994 (09A.V)
Motion by Mrs. Lubeck, seconded by Mrs. Benjamin, that Council approve the Minutes of June 6,
1994 as submitted. Carried by a vote of 4 ayes. Mr. Blanton was absent.
MINUTES OF JUNE 13, 1994 (09B.V)
Motion by Mrs. Lubeck, seconded by Mrs. Benjamin, that Council approve the Minutes of June 13,
1994 as submitted. Carried by a vote of 4 ayes. Mr. Blanton was absent.
MINUTES OF JUNE 27, 1994 (09C.V)
Motion by Mrs. Lubeck, seconded by Mrs. Benjamin, that Council approve the Minutes of June 27,
1994 as submitted. Carried by a vote of 4 ayes. Mr. Blanton was absent.
MINUTES OF JULY 5, 1994 (09D.V)
Motion by Mrs. Lubeck, seconded by Mrs. Benjamin, that Council approve the Minutes of July 5,
1994 as submitted. Carried by a vote of 4 ayes. Mr. Blanton was absent.
MINUTES OF JULY 18, 1994 (09E.V)
Motion by Mrs. Lubeck, seconded by Mrs. Benjamin, that Council approve the Minutes of July 18,
1994 as submitted. Carried by a vote of 4 ayes. Mr. Blanton was absent.
MINUTES OF AUGUST 1, 1994 (09F.V)
Motion by Mrs. Lubeck, seconded by Mrs. Benjamin, that Council approve the Minutes of August 1,
1994 as submitted. Carried by a vote of 4 ayes. Mr. Blanton was absent.
MINUTES OF AUGUST 22, 1994 (09G.V)
Motion by Mrs. Lubeck, seconded by Mrs. Benjamin, that Council approve the Minutes of August
22, 1994 as submitted. Carried by a vote of 4 ayes. Mr. Blanton was absent.
MINUTES OF SEPTEMBER 6, 1994 (09H.V)
Motion by Mrs. Lubeck, seconded by Mrs. Benjamin, that Council approve the Minutes of
September 6, 1994 as submitted. Carried by a vote of 4 ayes. Mr. Blanton was absent.
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BOARD OF APPEALS/APPOINTMENTS (11.20)
Motion by Mrs. Lubeck, seconded by Mrs. Benjamin, that Council accept report correcting Council
appointment of Board of Appeals Building Regulations member. Carried by a vote of 4 ayes. Mr.
Blanton was absent.
HENNING COURT 122/BELOW MARKET PRICE HOUSING/BMP/RESALE (12.19)
Motion by Mrs. Lubeck, seconded by Mrs. Benjamin, that Council accept and file informational
report regarding BMP unit. Carried by a vote of 4 ayes. Mr. Blanton was absent.
INFORMATION AND REFERRAL SERVICES/RENT MEDIATION/ANNUAL REPORT (13.16)
Motion by Mrs. Lubeck, seconded by Mrs. Benjamin, that Council accept and file annual report
from Information and Referral Services regarding the rent mediation program. Carried by a vote of 4
ayes. Mr. Blanton was absent.
GENERAL PLAN COMMITTEE/ERIC CARLSON/RESIGNATION (14.20)
Motion by Mrs. Lubeck, seconded by Mrs. Benjamin, that Council accept the resignation of Eric D.
Carlson from the General Plan Committee and authorize the Town Clerk to advertise a vacancy on the
General Plan Committee and schedule interviews with the Town Council for the vacancy. Carried by
a vote of 4 ayes. Mr. Blanton was absent.
ASSOCIATION OF BAY AREA GOVERNMENTS/ABAG/STATE CONSTITUTION (15.17)
Motion by Mrs. Lubeck, seconded by Mrs. Benjamin, that Council accept report on Association of
Bay Area Government's draft recommended revisions to the California State Constitution. Carried by
a vote of 4 ayes. Mr. Blanton was absent.
DUMP TRUCK/MISSION VALLEY FORD/BID AWARD/RESOLUTION 1994-137 (16.28)
Motion by Mrs. Lubeck, seconded by Mrs. Benjamin, that Council adopt Resolution 1994-137
entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING TOWN
MANAGER TO EXECUTE AGREEMENT WITH MISSION VALLEY FORD TRUCK
SALES, FOR PURCHASE OF ONE NEW 1995 CAB CHASSIS WITH DUMP BODY. Carried
by a vote of 4 ayes. Mr. Blanton was absent.
LOS GATOS CREEK TRAIL/COUNTY AGREEMENT #1/RESOLUTION 1994-138 (17A.24)
Motion by Mrs. Lubeck, seconded by Mrs. Benjamin, that Council adopt Resolution 1994-138
entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN
MANAGER TO SIGN FIRST AMENDMENT TO AGREEMENT #1 WITH THE COUNTY OF
SANTA CLARA FOR PARK PROJECT (LOS GATOS CREEK TRAIL). Carried by a vote of 4
ayes. Mr. Blanton was absent.
LOS GATOS CREEK TRAIL/COUNTY AGREEMENT #2/RESOLUTION 1994-139 (17B.24)
Motion by Mrs. Lubeck, seconded by Mrs. Benjamin, that Council adopt Resolution 1994-139
entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN
MANAGER TO SIGN FIRST AMENDMENT TO AGREEMENT #2 WITH THE COUNTY OF
SANTA CLARA FOR PARK PROJECT (LOS GATOS CREEK TRAIL). Carried by a vote of 4
ayes. Mr. Blanton was absent.
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LOS GATOS CREEK TRAIL/WATER DISTRICT/RESOLUTION 1994-140 (17C.24)
Motion by Mrs. Lubeck, seconded by Mrs. Benjamin, that Council adopt Resolution 1994-140
entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN
MANAGER TO SIGN A JOINT USE AGREEMENT WITH THE COUNTY OF SANTA
CLARA ADDING PROJECT 9328 (LOS GATOS CREEK TRAIL) TO THE EXISTING
AREAS OF JOINT USE RIGHT-OF-WAY. Carried by a vote of 4 ayes. Mr. Blanton was absent.
MANAGEMENT INFORMATION SYSTEM/SUPPORT SYSTEM/RESOLUTION 1994-141 (18.28)
Motion by Mrs. Lubeck, seconded by Mrs. Benjamin, that Council adopt Resolution 1994-141
entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN
MANAGER TO PURCHASE MANAGEMENT INFORMATION SYSTEM SUPPORT
SERVICES FROM HEWLETT-PACKARD. Carried by a vote of 4 ayes. Mr. Blanton was absent.
CROSSING GUARDS/LG UNION SCHOOL DIST/RESOLUTION 1994-142 (19.09)
Motion by Mrs. Lubeck, seconded by Mrs. Benjamin, that Council adopt Resolution 1994-142
entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN
MANAGER TO EXECUTE FIRST AMENDMENT TO AGREEMENT WITH LOS GATOS
UNION SCHOOL DISTRICT FOR CROSSING GUARD SERVICES. Carried by a vote of 4
ayes. Mr. Blanton was absent.
PROP 188/OPPOSED/PHILLIP MORRIS TOBACCO COMPANY/RESOLUTION 1994-143 (20.42)
Motion by Mrs. Lubeck, seconded by Mrs. Benjamin, that Council adopt Resolution 1994-143
entitled, RESOLUTION OF THE TOWN OF LOS GATOS OPPOSING PROPOSITION 188
STATEWIDE SMOKING INITIATIVE. Carried by a vote of 4 ayes. Mr. Blanton was absent.
9423 PROJECT/TREE PRUNING/RESOLUTION 1994-144 (21.35)
Motion by Mrs. Lubeck, seconded by Mrs. Benjamin, that Council adopt Resolution 1994-144
entitled, RESOLUTION OF THE TOWN OF LOS GATOS APPROVING PLANS AND
SPECIFICATIONS FOR PROJECT 9423, TREE PRUNING. Carried by a vote of 4 ayes. Mr.
Blanton was absent.
DISASTER AND RECOVERY ORGANIZATION/POLICE/RESOLUTION 1994-145 (22.09)
Motion by Mrs. Lubeck, seconded by Mrs. Benjamin, that Council adopt Resolution 1994-145
entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN
MANAGER TO EXECUTE INTERIM AGREEMENT WITH COUNTY OF SANTA CLARA
ADOPTING THE SANTA CLARA COUNTY OPERATIONAL AREA DISASTER AND
RECOVERY ORGANIZATION. Carried by a vote of 4 ayes. Mr. Blanton was absent.
SOUTH BAY CLEAN CITIES COALITION/MOU/RESOLUTION 1994-146 (23.24)
Motion by Mrs. Lubeck, seconded by Mrs. Benjamin, that Council adopt Resolution 1994-146
entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING TOWN
MANAGER TO EXECUTE A NON-BINDING MEMORANDUM OF UNDERSTANDING
(MOU) TO OPERATE AS A SOUTH BAY CITIES COALITION. Carried by a vote of 4 ayes.
Mr. Blanton was absent.
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VERBAL COMMUNICATIONS:
BLOSSOM HILL TRAFFIC SAFETY:
Steve Warner, 16605 Oleander, parent concerned about traffic safety on Blossom Hill Road in front
of Elementary School asked Council's consideration on correcting the intersection.
HEARINGS
VEHICLE REPAIR/RESIDENTIAL LOTS/ORDINANCE CONSIDERATION (24.47)
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 29.40.038 of the Town Code to
add definition of categories of vehicle repair and 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.
The following people from the audience spoke to this issue:
Bill Quigley, 103 Belridge Drive, spoke of enforcement of the new ordinance.
Joe Mass, 214 Gregg Drive, spoke against commercial repairs at homes but supported hobbyists who
refurbish cars and residents that do repairs on their own vehicles.
Paul Graham, 16426 Peacock Lane, is against ordinance. He purchased his home with the view of
being able to repair his own personal vehicles.
Randy Reedy, 19 N. Santa Cruz Ave., endorses alternative #1 of the draft ordinance.
John Willy, 106 Massol, collector of old cars, likes to be able to repair his cars as he sees fit.
No one else from the audience addressed this issue.
Motion by Mrs. Benjamin, seconded by Mr. O'Laughlin, to close the public hearing. Carried by a
vote of 4 ayes. Mr. Blanton was absent.
Mrs. Lubeck suggested the following changes to Alternative 1 in the staff report. That Section III
regarding the distinction between major and minor be removed. That Section IV(b) be removed and
replaced with Alternative 2, Section II(d) "It is unlawful for any person to operate...../ ......not owned
by the occupant of the lot for more than two times in any 12 month period." Section IV(d) to be
deleted and Section IV(f) to be replaced by Section II(e) of Alternative 2 for definition of visibility.
Motion by Mrs. Lubeck, seconded by Mr. O'Laughlin, that Council find the draft ordinance
amendment Alternative 1, is consistent with Section 2.4, Policy #9 of the General Plan Land Use
Element. Carried by a vote of 4 ayes. Mr. Blanton was absent.
Larry Anderson, Town Attorney, stated that this item will return to Council on the Consent Calendar
with a clean ordinance to be introduced on October 17th.
15½ N SANTA CRUZ AVE/RESTAURANT/OUTDOOR BAR/APPEAL (25.09)
Mayor Attaway stated that this was the time and place duly noted for public hearing to consider appeal
of Planning Commission decision to deny request to modify existing approvals granted to operate a
restaurant to allow a separate bar and outdoor dining on property in the C-2 zone. Conditional Use
Permit Application U-94-12. Property location: 15½ N. Santa Cruz Ave. Property Owner:
Bacigalupi Family. Applicant: Mark Hacker.
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HEARINGS CONTINUED
SANTA CRUZ AVE CONT.
Speakers:
Randy Reedy, 19 N. Santa Cruz Ave., representing the applicant and owners requested a continuance
to October 17, 1994 so as to have the full Council present for the presentation.
Motion by Mr. O'Laughlin, seconded by Mrs. Benjamin, to continue this item to October 17, 1994.
Carried by a vote of 4 ayes. Mr. Blanton was absent.
664 N SANTA CRUZ AVE/APARTMENT COMPLEX/R&M PROPERTIES/APPEAL (26.09)
Mayor Attaway stated that this was the time and place duly noted for public hearing to consider appeal
of Planning Commission decision to deny request to maintain an eight unit apartment complex in the
C-1 zone. Conditional Use Permit Application U-94-4. Property located at 644 N. Santa Cruz Ave.
Property Owner: R & M Properties.
Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, to continue this item to November 7, 1994.
Carried by a vote of 4 ayes. Mr. Blanton was absent.
WEED ABATEMENT/ASSESSMENTS/BLOSSOM HILL ROAD 15940/DEFFER (10.27)
Mayor Attaway stated that this was the time and place duly noted to consider and confirm report and
assessment on abatement of weeds within Los Gatos, at 15940 Blossom Hill Road; Owner, William
Deffer.
The following person addressed this issue:
William Deffer, 15940 Blossom Hill Rd., requested that Council not assess his property at this time
due to extenuating circumstances.
No one else from the audience addressed this item.
Motion by Mrs. Lubeck, seconded by Mr. O'Laughlin, that Council accept report regarding weed
abatement and affirm the assessment at 15940 Blossom Hill Road. Carried by a vote of 4 ayes. Mr.
Blanton was absent.
WEST PARR AVE/TRAFFIC STUDY/CAMPBELL REQUEST (27.39)
Jeanette Watson, Mayor of Campbell, requested that Council address the traffic mitigation method of
stop signs on Parr within the next three months.
Motion by Mrs. Benjamin, seconded by Mr. O'Laughlin, that staff of both Campbell and Los Gatos
compile a traffic report after Highway 85 opens and once that report is prepared to plan a meeting in
January between Campbell and Los Gatos Council, at which time interested residents may give their
input in creating a solution. Carried unanimously.
FORBES MILL FOOTBRIDGE/MURAL PAINTING/TRAILS AND BIKEWAYS (28.23)
Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, that Council approve the idea in concept of a
mural to be painted by community groups and whose care will be sponsored by the community and
which will decorate the Forbes Mill footbridge. Carol Ann Weber will coordinate and plan for this
project. Carried by a vote of 4 ayes. Mr. Blanton was absent.
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FORBES MILL FOOTBRIDGE CONT.
Carol Ann Weber, Chair of the Trails and Bikeways Committee, addressed the idea of the mural and
the concept of community support for it. She suggested that a letter be written asking if the Arts
Committee would be willing to help with the project.
CONFLICT OF INTEREST CODE/POLITICAL REFORM ACT/ORDINANCE INTRO (29.18)
Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, that Council accept report on accuracy and
currency of Town Conflict of Interest Code pursuant to Political Reform Act. Carried by a vote of 4
ayes. Mr. Blanton was absent.
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 by a vote of 4 ayes. Mr. Blanton was absent.
Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, that Council introduce Draft Ordinance
entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING SECTION 2.30.610 OF
THE TOWN CONFLICT OF INTEREST CODE. Carried by a vote of 4 ayes. Mr. Blanton was
absent.
GRADING ORDINANCE AMENDMENT/STORM WATER POLLUTION CONTROL (30.37)
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 by a vote of 4 ayes. Mr. Blanton was absent.
Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, that Council introduce Draft Ordinance
entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE GRADING
ORDINANCE (CHAPTER 12) AND THE STORM WATER POLLUTION CONTROL CODE
(ARTICLE III OF CHAPTER 22) TO EXPLICITLY PROVIDE FOR ADMINISTRATIVE
AND ENFORCEMENT INSPECTIONS. Carried by a vote of 4 ayes. Mr. Blanton was absent.
BUSINESS LICENSES/BUSINESS REGULATIONS/LICENSE TAXES (31.05)
Consensus of Council to continue this item to October 17, 1994 for further report regarding the fee
structure and time for discussions with contractors.
COUNCIL COMMITTEE REPORTS/HIGHWAY 85/CELEBRATION/GRAND OPENING (32.40)
Linda Lubeck reported on the progress of plans for the Freeway Party to be held on October 15, 1994.
She is now looking for participants in the dunk tank event.
ADJOURNMENT
Motion by Mrs. Benjamin, seconded by Mr. O'Laughlin, that this evening's meeting be adjourned at
9:43 p.m. Carried unanimously.
ATTEST: Marian V. Cosgrove, Town Clerk
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