M 10-17-94TOWN OF LOS GATOS
CALIFORNIA
TOWN COUNCIL/PARKING AUTHORITY
October 17, 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 7:33 p.m., Monday, October 17, 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 announced that there was no Closed Session held this evening.
SCHEDULE OF PUBLIC HEARINGS (01.01)
Informational report regarding currently scheduled public hearings was received and filed.
PAYROLL RATIFICATION/SEPTEMBER 1994 (02.V)
Motion by Mr. Blanton, seconded by Mr. O'Laughlin, that Council ratify the check register for the
payroll of September 11 through September 24, 1994 paid on September 30, 1994 in the amount of
$206,483.61. Carried unanimously.
ACCOUNTS PAYABLE/RATIFICATION/SEPTEMBER 1994 (03.V)
Motion by Mr. Blanton, seconded by Mr. O'Laughlin, that Council ratify the accompanying check
registers for accounts payable invoices paid on September 30 and October 7, 1994 in the amount of
$261,313.37. Carried unanimously.
TREASURER'S REPORT/AUGUST 1994 (04.V)
Informational report submitted by the Treasurer to the Council as of August 31, 1994, was received
and filed.
MINUTES OF OCTOBER 3, 1994 (05.V)
Motion by Mr. Blanton, seconded by Mr. O'Laughlin, that Council approve the Minutes of October
3, 1994 as submitted. Carried unanimously.
CIVIC CENTER/SIGNS (06.44)
Motion by Mr. Blanton, seconded by Mr. O'Laughlin, that Council adopt budget for Phase I of Civic
Center signs 4473-85020-473CSIGN-86028 - $6,000 and reduce 4472-85515-472LLOT4-85515
(Remediation and Mitigation) budget from $57,590 to $51,590. Carried unanimously.
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NATIONAL AVE 15400/TRAFFIC IMPACT/MITIGATION FEES (08.40)
Luke Stamis, 6118 Oak Forest Way, San Jose, Planning Consultant with Ruth & Going, representing
Barry Swenson, asked for a continuance so as to have time to review the new traffic mitigation fees.
Motion by Mr. Blanton, seconded by Mr. O'Laughlin, that Council continue this item to November 7,
1994. Carried unanimously.
FEDERAL MANDATE ACCOUNTABILITY AND REFORM ACT
NATIONAL UNFUNDED MANDATE WEEK/OCTOBER 24-30 (09.17)
Motion by Mr. Blanton, seconded by Mr. O'Laughlin, that Council authorize the Mayor to sign
letters to our congressional delegation requesting relief from future unfunded federal mandates and
proclaim the week of October 24-30, 1994 as National Unfunded Mandates Week. Carried
unanimously.
9321 PROJECT/ENERGY CONSERVATION MODIFICATIONS/RESOLUTION 1994-147 (10.44)
Motion by Mr. Blanton, seconded by Mr. O'Laughlin, that Council award contract to General
Lighting Service with the lowest responsible bid of $118,439.08, and establishing a contingency of
+20%. Carried unanimously.
Motion by Mr. Blanton, seconded by Mr. O'Laughlin, that Council adopt Resolution 1994-147
entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH GENERAL LIGHTING SERVICE FOR
PROJECT 9321 ENERGY CONSERVATION MODIFICATIONS. Carried unanimously.
BUSINESS LICENSES/BUSINESS REGULATIONS/LICENSE TAXES (11.05)
Motion by Mr. Blanton, seconded by Mr. O'Laughlin, that Council continue this item to November 7,
1994 for further information regarding the fee structure and additional time for discussions with
contractors. Carried unanimously.
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM/CBDG FUNDS
RESOLUTION 1994-148 (12.06)
Motion by Mr. Blanton, seconded by Mr. O'Laughlin, that Council adopt Resolution 1994-148
entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN
MANAGER TO EXECUTE AN AGREEMENT BETWEEN THE COUNTY OF SANTA
CLARA AND THE TOWN OF LOS GATOS TO PARTICIPATE IN THE URBAN COUNTY
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FOR FISCAL YEAR 1994-95.
Carried unanimously.
CONFLICT OF INTEREST CODE/ORDINANCE 1989 (13.18)
Motion by Mr. Blanton, seconded by Mr. O'Laughlin, that Council adopt Ordinance 1989 entitled,
ORDINANCE OF THE TOWN OF LOS GATOS AMENDING SECTION 2.30.610 OF THE
TOWN CONFLICT OF INTEREST CODE, which was introduced at the Town Council meeting of
October 3, 1994. Carried unanimously.
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STORM WATER POLLUTION CONTROL/ORDINANCE 1990 (14.37)
Motion by Mr. Blanton, seconded by Mr. O'Laughlin, that Council adopt Ordinance 1990 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. which was introduced at the Town Council meeting of October
3, 1994. Carried unanimously.
PRESENTATION/WHOLE FOODS/5% SHARE DAY/LIBRARY GIFT (00.42)
Mayor Attaway introduced Lizette Finelli, representative of Whole Foods Market. Ms Finelli was
pleased to present a check to the Library from the 5% Share Day recently held at Whole Foods. She
said the Market was delighted to contribute to our community
VERBAL COMMUNICATION:
Belgatos Park;
Debbie Gary, 329 Westhill, spoke of the work done by the Friends of Belgatos Park, the Park
Commission, the Trails and Bikeways Committee, local Service Clubs and local Boy Scout Troops,
and requested Council put the subject of funding the refurbishing of Belgatos Park Playground on the
November 7, 1994 Council Agenda. Council agreed to this request.
HEARINGS
15½ N SANTA CRUZ AVE/RESTAURANT/OUTDOOR BAR/APPEAL (15.09)
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.
The following people from the audience spoke to this issue:
Mark Hacker, 14298 Sumner Drive, Saratoga, requested consideration of his business plan as it
relates to present Council policy regarding alcohol service and outdoor dining.
Mayor Attaway, spoke for the record at this time, stating that Mr. Hacker should be extremely careful
and diligent in upholding the needs of the residential neighborhood in relation to the noise which the
outdoor dinning will generate. He must be aware that his financial investment in the exterior seating
area will be at risk if the neighborhood finds the noise a problem in the evening hours.
Randy Reedy, 19 N. Santa Cruz Ave., representing the applicant and owners requested careful
consideration of the business plan and project. He noted the historic significance of the building and
the number of years it has been a restaurant which served alcohol with meals. He committed the
applicant to a review of the operating conditions in six months.
V. F. VanDalsem, 18831 Blythswood Drive, read the addendum to the lease agreement with the tenant
into the record. This addendum addressed changes in the floor plan or food preparation areas and the
ability of the lessor to consider and agree to any sale or transfer over 50% or more of the business.
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HEARINGS CONTINUED
15½ N SANTA CRUZ AVE/RESTAURANT/CONT.
Ed Burke, spoke for the project, and the dedication of the Bacigalupi family in renovating the La
Canada building after the earthquake.
Bruce Sumter, Village Inn Motel manager on W. Main, was concerned about the noise and
commotion that Mt. Charlie's causes to his business and clientele.
Jodi Fong, 963 Apollo St., San Jose, spoke in favor of the project.
No one else from the audience addressed this issue.
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 determine that the appeal of
the Planning Commission's decision be granted and the application be approved; that Council find the
Planning Commission erred in that the Alcohol Policy on separate bars is discretionary with this
Council; that the La Canada building has been and continues to be historically maintained as the
flagship of the Downtown; that the restaurant use has continued historically in this location; that the
restaurant application is not a "new" application in the historic sense; that this business will not
maintain a stand alone bar; that the business owner and property owners have agreed to an
amendment to the lease agreement; that this use is mutually compatible with surrounding uses and is
appropriate because it is a concept of a high quality restaurant establishment in an historic landmark
building that is surrounded by other compatible commercial uses in the downtown area; that the
proposed use is desirable to the public convenience and necessity again because it is a thoroughly
professional and competent business plan and a design team will take an historic building which is
refurbished on the outside and restore it equally on the inside; the proposed use will not impair the
integrity and character of the zone but will enhance the character and integrity of the zone because it
completes the restoration of the building; that the proposed use will not be detrimental to the public
health safety or general welfare; that the conditions to the satisfaction of the Planning Director and
Chief of Police spell out the safe guards for that welfare; that the proposed use is in harmony with the
various elements of the General Plan and the purposes of the zoning code; and that the following
conditions will be placed upon this business: the business will agree to a review one year from now;
a limit of twelve seats will be found in the bar area; and further, architecture and site approval must
be obtained which will address the issue of handicapped access and/or historic requirements prior to
any exterior changes and prior to the use of outside seating; the lease agreement amendment will be
continued. The three findings for the service of alcohol past 10 P.M. were also stated by the maker of
the motion as follows: (1) late night serving will not adversely affect the adjacent residential
neighborhoods since it is situated on a commercial street which backs up to a parking lot, and under
the approval of the Planning Director and the Chief of Police and the stipulations of our noise
ordinance the residential neighborhoods are protected; (2) the applicant does not have a history of
complaints or non compliance with local ordinances or policies; (3) the applicant has demonstrated a
clear benefit to the community by completing the extensive restoration of our single most important
historic building downtown; it is a clear benefit to our community to have that building restored to its
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HEARINGS CONTINUED
15½ N SANTA CRUZ AVE/RESTAURANT/CONT.
Motion continued:
former splendor both inside and outside and to have a viable commercial use on the second floor of
that building. This motion includes the conditions which were proposed by the DRC in the Planning
Commission report. This motion is modified to set the maximum number of seats for the total
establishment at 120; maximum of 20 seats in the bar area; maximum of 32 seats in the outdoor
dining area; balance of seats to be in the indoor dining area, and the total not to exceed 120 seats.
Carried unanimously.
Mr. O'Laughlin asked that staff review the process by which the Planning Commission must be
found in error if the Council reverses the Commission's decision. He noted that Council has discretion
to change policy but that the Planning Commission is appointed and not elected and does not have the
option of changing Council policy.
FINANCIAL FUTURE OF TOWN/COMMUNITY FORUMS (16.06)
Mayor Attaway stated that this was the time and place duly noted for public hearing to consider report
on Community Forums on Town's financial future.
David Knapp, Town Manager, gave a presentation of the findings from the forums which were held
during the last few months. The financial standing of our Town was presented and the options for
funding the present service level were reviewed.
The following people from the audience spoke to this issue:
Ed Burke, Los Gatos Athletic Club, 200 E. Main St., stated that a Utility Tax would place an unfair
burden on his business due to his yearly $76,000 PG&E bill.
Sheldon Smith, 14225 Lora Drive, #79, corrected a statement in the report, and stressed a cultural
revenue maker. The Town would generate it's own funding in a Sister City cross cultural event.
Offered his time to discuss this concept with Council.
Dorothy Shattuck, 116 Town Terrace #3, suggested cutting expenditures. Asked that the Arts and
downtown lighting be cut. Does not want to see revenues raised but expenditures cut. Keep small
government and let business take over the services.
Chris Wiley, 544 University Ave., spoke of the work that volunteers have done in the Town, and the
many projects underway due to the efforts of community volunteers.
Ron Denevi, 16414 Englewood Ave, spoke of the high ($80,000 yearly) PG&E bill and does not
support the financial option of a utility tax.
Bill Bilkiewicz, 170 Lester Lane, talked of the unfairness of the parcel tax.
Gorden Jones, 429 Herschner Drive, thanked Council for the patrol at the Leigh High School area
and the corner convenience store.
David Eggley, 15883 Camino del Cerro, supports the utility users tax for two years, while we develop
other sources of revenue, and supported the use of volunteers.
Ed Rather, 204 Los Gatos Boulevard, suggested turning old car lots into hotel sites. He lives on the
corner of Stacia Street and spoke of making improvements.
There were no other speakers from the audience.
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HEARINGS CONTINUED
FINANCIAL FUTURE OF TOWN CONT.
Motion by Mrs. Lubeck, seconded by Mrs. Benjamin, to close the public hearing. Carried
unanimously.
Council Comments:
Mr. Blanton asked for further review on expenditure reduction, department restructuring, and
facilitation of the improvement and refurbishing of the business and residential areas of Town. Mrs.
Benjamin requested information concerning grants and volunteer programs as methods for reducing
expenditures, working with other municipalities on economies of scale and working on legislation to
reverse the trend of federal and state unfunded mandates. Mayor Attaway asked for ways to
encourage private investment in the Town's financial substructure. Mrs. Lubeck asked for specific
analysis of utility revenues as they affect businesses and residences, and how these revenues could be
capped, controlled, limited and utilized for specifically delineated reasons, such as repair and upkeep
of the Town's infrastructure. Mr. O'Laughlin spoke of a focused economic strategy enveloping the
85/17 locale, Los Gatos Boulevard, Downtown and the outlying economic centers. He suggested
formation of a new committee or focus group comprised of Council and staff that would aggressively
encourage a variety of economic growth. He suggested communicating within appropriate venues that
Los Gatos is a Town open to enterprise and investment in its future and high quality of life. Clearly
articulating our position on business, and quality of life would no doubt be the most far reaching
action we could take.
Council consensus to request that staff bring back report on items "a-f" addressing specific thoughts
and comments that Council has presented.
PEDESTRIAN SAFETY/BLOSSOM HILL SCHOOL (07.40)
The following people addressed this issue:
Steven Werner, 16605 Oleander Ave, spoke to solutions of the traffic safety issues involving the
Blossom Hill School area such as: flashing yellow light in both directions; placement of traffic dots;
safety barriers to keep traffic from jumping the curb.
Herb Swanson, 16368 Lavender Lane, supports the traffic mitigation, especially the barrier guard rail
at the corner.
Bruce Roberts, 16140 Escobar, supports traffic mitigation methods for the area by Blossom Hill
School.
Randy Detula, 120 Camelia Terrace, spoke of water barriers; pedestrian walkovers; and traffic
mitigation.
Laura Perone, 15960 Stephanie Lane, spoke of the speed on this road.
David Eggley, 15883 Camino del Cerro, noted the correct posting of the speed limit.
Motion by Mrs. Lubeck, seconded by Mrs. Benjamin, that Council accept recommended action
concerning signs in the staff report which will install school area signs, pavement messages and
double thickness crosswalks. Carried unanimously.
Mr. Blanton will work with the Blossom Hill Home and School Club and residents to formulate traffic
safety solutions which will return to the Mayor for placement on Council Agenda.
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VEHICLE REPAIR/RESIDENTIAL LOTS/ORDINANCE CONSIDERATION (17.47)
Mayor Attaway stated that this was the time and place duly noted for Council 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.
Mr. Blanton noted for the record a conflict of interest and removed himself from the dias.
The following people from the audience spoke to this issue:
Bill Quigley, 103 Belridge Drive, spoke of enforcement of the new ordinance and the major and
minor parts of the ordinance which have been removed from the previous draft.
David Eggley, 15883 Camino del Cerro, asked for clarification of the time frame for working on
vehicles, and of the major and minor definitions.
Randy Detula, 120 Camelia Terrace, asked that he be able to continue working on his and his family's
cars at his or their homes and does not approve of this ordinance.
Speaker, Los Gatos Boulevard, does not feel that this ordinance is needed.
No one else from the audience addressed this issue.
Motion by Mrs. Lubeck, seconded by Mr. O'Laughlin, that Council introduce Draft Ordinance
entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING SECTION 29.10.030
AND ADDING SECTION 29.40.038 OF THE TOWN CODE REGULATING VEHICLE
REPAIR IN RESIDENTIAL ZONES, which is the proposal before Council including the desk item
changes. Carried by a vote of 4 ayes. Mr. Blanton absent.
Motion by Mrs. Lubeck, seconded by Mr. O'Laughlin, to introduce the Draft Ordinance and that
Council find the ordinance amendment is consistent with Section 2.4, Policy #9 of the General Plan
Land Use Element. Carried by a vote of 4 ayes. Mr. Blanton absent.
The Town Clerk read the Title of the Draft Ordinance.
Motion by Mrs. Lubeck, seconded by Mrs. Benjamin, that Council waive the reading of the Draft
Ordinance. Carried by a vote of 4 ayes. Mr. Blanton absent.
VOTING DELEGATE & ALTERNATE/LEAGUE OF CALIFORNIA CITIES (18.10)
Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, that Vice Mayor O'Laughlin be the voting
delegate at the League of California Cities and Mrs. Lubeck be the alternate. Carried unanimously.
ADJOURNMENT
Motion by Mrs. Lubeck, seconded by Mrs. Benjamin, that this evening's meeting be adjourned at
11:14 p.m. Carried unanimously.
ATTEST:
Marian V. Cosgrove, Town Clerk
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