M 06-27-94TOWN OF LOS GATOS
CALIFORNIA
TOWN COUNCIL/PARKING AUTHORITY
June 27, 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 8:05 p.m., Monday, June 27, 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 54957.6, Conference with Labor Negotiator, to discuss
Town Employees Association, Confidential Employees and Management Employees. Negotiator
reported to Council and received instruction regarding Confidential and Management Employees and
will present the proposed TEA MOU on the agenda tonight.
COUNCIL ON AGING/JEWEL PEYTON/APPOINTMENT (00.20)
Mayor Attaway announced that one application has been received from Jewel Peyton for the vacancy
on the Council on Aging. Voting was held and Mrs. Peyton was reappointed to the Council for a term
to expire July 1, 1997.
LIBRARY BOARD/JOHN HOUSLEY/KATHRYN CUSIK/APPOINTMENTS (000.20)
Mayor Attaway announced that three applications had been received from John Housley, Sheldon
Blickman and Kathryn Cusik for 2 vacancies on the Library Board. Voting was held and Mr. Housley
and Ms Cusik were appointed to the Library Board for terms to expire July 1, 1997.
PARKING COMMISSION/THEODORE HEBERT/APPOINTMENT (XX.20)
Mayor Attaway announced that one application had been received from Theodore Hebert for one
vacancy on the Parking Commission. Voting was held and Mr. Hebert was appointed to the
Commission for a term to expire January 1, 1995.
SCHEDULE OF PUBLIC HEARINGS (01.01)
Informational report regarding currently scheduled public hearings was received and filed.
TC:D6:MM062794
June 27, 1994
Los Gatos, California
PAYROLL RATIFICATION/MAY 1994 (02.V)
Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council ratify the check register for the
payroll of May 22 through June 4, 1994 paid on June 10, 1994 in the amount of $223,103.76. Carried
unanimously.
ACCOUNTS PAYABLE/RATIFICATION/JUNE 1994 (03.V)
Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council ratify the accompanying check
registers for accounts payable invoices paid on June 6, June 10, and June 17, 1994 in the amount of
$648,735.23. Carried unanimously.
TREASURER'S REPORT (04.V)
Informational report submitted by the Treasurer to the Council as of April 30, 1994, was received and
filed.
HOUSING ELEMENT/SENATE BILL 1839 (05.17)
Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council accept informational report
regarding Housing Element Reformation, Senate Bill 1839. Carried unanimously.
AMICUS BRIEF/LAGUNA HILLS VS ORANGE COUNTY (06A.01)
Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council authorize the Town Attorney to
include the Town of Los Gatos as an amicus curiae in the case of City of Laguna Hills vs County of
Orange, currently on appeal to the Fourth District Court of Appeal, Orange County Superior Court
Case #71-73-38, at no cost to the Town. Carried unanimously.
AMICUS BRIEF/TOBE ET AL VS CITY OF SANTA ANA (06B.01)
Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council authorize the Town Attorney to
include the Town of Los Gatos as an amicus curiae in the case of Archie Tobe et al vs. City of Santa
Ana et al, currently on appeal to the Fourth Appellate District, Case #G-014257 and #G-014536, at no
cost to the Town. Carried unanimously.
CLAIM REJECTION/MUNIUNMEE HENDRIX (07A.01)
Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council reject the claim of Muniunmee
Hendrix for alleged damages occurring on February 19, 1994, and filed May 19, 1994 with the Town
Clerk. Carried unanimously.
CLAIM REJECTION/YOGURT DELIGHT (07B.01)
Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council reject the claim of Yogurt Delight
for cross-claim in regards to a personal injury claim occurring on March 15, 1994, and filed on June 3,
1994. Carried unanimously.
TC:D6:MM062794
June 27, 1994
Los Gatos, California
REDEVELOPMENT AGENCY LOAN/TRAFFIC AUTHORITY SURPLUS PROPERTY (08.49)
Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council approve concept of Town loan to
Redevelopment Agency for acquisition of surplus Traffic Authority property. Carried by a vote of 4
ayes. Mrs. Benjamin voted no for reasons stated in previous record.
REDEVELOPMENT ADVISORY COMMITTEE/RESOLUTION 1994-84 (09.49)
Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council adopt Resolution 1994-84
entitled, RESOLUTION OF THE TOWN OF LOS GATOS RESCINDING RESOLUTION
1994-18 AND DISSOLVING THE REDEVELOPMENT ADVISORY COMMITTEE. Carried
unanimously.
LOS GATOS CREEK TRAIL/9328 PROJECT/RESOLUTION 1994-85 (10.35)
Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council adopt Resolution 1994-85
entitled, RESOLUTION OF THE TOWN OF LOS GATOS REJECTING BIDS RECEIVED
ON PROJECT 9328 WITHOUT PREJUDICE, AMENDING PLANS AND SPECIFICATIONS
OF PROJECT 9328, AND AUTHORIZING READVERTISEMENT OF PROJECT FOR BID.
Carried unanimously.
USED OIL/CURBSIDE COLLECTION/COUNTY GRANT/RESOLUTION 1994-83 (11.07)
Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council adopt Resolution 1994-83
entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING SANTA CLARA
COUNTY'S APPLICATION FOR FY 1994-95 USED OIL CURBSIDE COLLECTION
PROMOTION GRANT, to fund an information and education program. Carried unanimously.
TORT CLAIMS RESOLUTION/TOWN ATTORNEY/RESOLUTION 1994-87 (13.10)
Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council adopt Resolution 1994-87
entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN
ATTORNEY TO ALLOW COMPROMISE OR SETTLE TORT CLAIMS AND REPEALING
RESOLUTION 1994-9. Carried unanimously.
ENVIRONMENTAL SCIENCE ASSOCIATES/GEIER AND GEIER CONSULTING
LSA ASSOCIATES/INITIAL STUDY SERVICES/RESOLUTION 1994-88 (14.28)
Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council adopt Resolution 1994-88
entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE
EXECUTION OF AGREEMENTS FOR ENVIRONMENTAL INITIAL STUDIES. Carried
unanimously.
TOWN EMPLOYEES ASSOCIATION/MOU/RESOLUTION 1994-89 (15.10)
Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council adopt Resolution 1994-89
entitled, RESOLUTION OF THE TOWN OF LOS GATOS APPROVING MEMORANDUM
OF UNDERSTANDING BETWEEN THE TOWN OF LOS GATOS AND TOWN
EMPLOYEES ASSOCIATION (TEA). Carried unanimously.
TC:D6:MM062794
June 27, 1994
Los Gatos, California
KNOWLES DR 555/NATIONAL MEDICAL ENTERPRISES/RESOLUTION 1994-90 (16.09)
Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council adopt Resolution 1994-90
entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN
MANAGER TO SIGN THE CONTRACT FOR LAND DEVELOPMENT RELATED
OBLIGATIONS AT KNOWLES DRIVE AND DARDANELLI LANE. Carried unanimously.
BLACKWELL DRIVE BENEFIT ZONE/LANDSCAPING AND LIGHTING DISTRICT NO.1
PROPOSED ASSESSMENTS/RESOLUTION 1994-92 (18.04)
Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council adopt Resolution 1994-92
entitled, RESOLUTION OF THE TOWN OF LOS GATOS OF ITS INTENTION TO LEVY
AND COLLECT ASSESSMENTS FOR FISCAL YEAR 1994-1995 IN LANDSCAPING AND
LIGHTING ASSESSMENT DISTRICT NO. 1 -- BLACKWELL DRIVE BENEFIT ZONE,
AND SET PUBLIC HEARING CONSIDERING THE PROPOSED ASSESSMENTS. Carried
unanimously.
GEMINI COURT/LANDSCAPING AND LIGHTING DISTRICT NO.2
PROPOSED ASSESSMENTS/RESOLUTION 1994-93 (19.04)
Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council adopt Resolution 1994-93
entitled, RESOLUTION OF THE TOWN OF LOS GATOS OF ITS INTENTION TO LEVY
AND COLLECT ASSESSMENTS FOR FISCAL YEAR 1994-1995 IN LANDSCAPING AND
LIGHTING ASSESSMENT DISTRICT NO. 2 -- GEMINI COURT AND SET PUBLIC
HEARING CONSIDERING THE PROPOSED ASSESSMENTS. Carried unanimously.
FARLEY ROAD 17530-17540/WOOD SIDING APPEAL/RESOLUTION 1994-94 (20.09)
Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council adopt Resolution 1994-94
entitled, RESOLUTION OF THE TOWN OF LOS GATOS GRANTING APPEAL OF
PLANNING COMMISSION DECISION TO DENY REQUEST TO MODIFY A CONDITION
OF APPROVAL GRANTED FOR THE CONSTRUCTION OF A DUPLEX TO PERMIT A
REDUCTION IN THE AMOUNT OF WOOD SIDING REQUIRED ON PROPERTY IN THE
"O" ZONE ARCHITECTURAL & SITE APPLICATION S-92-13A. Carried unanimously.
MASSOL COURT 1/TREE PROTECTION/RESOLUTION 1994-95 (21.09)
Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council adopt Resolution 1994-95
entitled, RESOLUTION OF THE TOWN OF LOS GATOS GRANTING APPEAL OF
PLANNING COMMISSION DECISION TO DENY APPEAL OF DECISION OF THE TOWN
PLANNING DIRECTOR TO DENY THE REMOVAL OF A PROTECTED TREE LOCATED
IN THE R-1D ZONE, ARCHITECTURAL & SITE APPLICATION S-93-34. Carried
unanimously.
ROAD IMPACT FEES/HEAVY VEHICLES (22.46)
This item was removed from the agenda.
TC:D6:MM062794
June 27, 1994
Los Gatos, California
VERBAL COMMUNICATIONS
Brazilian Host Committee:
Barbra Toren, 15933 Orange Blossom, thanked staff for their exceptional support in controlling the
Brazilian guests to our Town and delineated the support given by maintenance and safety services.
Emerald Hathaway, 174 Villa Ave, thanked staff for support of the Music in the Park program during
the very busy weekends with our Brazilian guests.
Hillside fire hazard:
Jo Bartlett, 166 Oak Hill Way, spoke of the fire hazard on Central Ave. and requested help with the
problem from the Town.
HEARINGS
BELGATOS LANE 307/APPEAL (23.09)
Mayor Attaway stated that this was the time and place duly noted for public hearing to consider appeal
of a decision of the Planning Commission in denying a two lot subdivision of a 10.67 acre parcel and
relocation of an open space easement on property in the HR-2½ zone. Negative Declaration ND-93-6.
Subdivision Application, M-93-6. Property located at 307 Belgatos Lane. Property Owners, Tasso
and Soula Pattas.
The following people addressed this issue:
Tasso Pattas, 2687 Westbury Dr., San Jose, owner of property at 307 Belgatos, requested
consideration of his proposal from Council.
John Clarke, 2650 Borregas Dr., Aptos, Civil Engineer for property owner, spoke of the engineering
possibilities.
Rob Wilson, 1503 Bottle Brush, San Jose, gave reports on the histrionics of the site and its geologic
stability.
Nancy Liden, 291 Belvue Dr., asked Council to uphold the open space hillside plan.
Susan Blanchard, 287 Belvue Drive, asked that the land use plan be followed.
Susan Tisinger, 278 Belvue Drive, does not want to see a change in the land use plans.
No one else from the audience addressed this subject.
Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council close the public hearing. Carried
unanimously.
Motion by Mr. O'Laughlin, seconded by Mrs. Lubeck, that Council uphold the Planning
Commission's decision and deny the application. Carried by a vote of 4 ayes. Mr. Blanton voted no
stating that he would like to see the project return to the DRC for further consideration.
TC:D6:MM062794
June 27, 1994
Los Gatos, California
BELVUE DR 100 & HARWOOD/ENCROACHMENT PERMIT/RESOLUTION 1994-91 (17.09)
Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, that Council adopt Resolution 1994-91
entitled, RESOLUTION OF THE TOWN OF LOS GATOS APPROVING THE REQUEST
FOR REVOCABLE ENCROACHMENT PERMIT IN THE PUBLIC RIGHT-OF-WAY
FRONTING HARWOOD ROAD AT BELVUE DRIVE (100 BELVUE DRIVE-MILLERICK)
AND AUTHORIZING DIRECTOR OF BUILDING AND ENGINEERING SERVICE TO SIGN
PERMIT. Carried unanimously.
OPERATING BUDGET 1994-95/RESOLUTION 1994-86 (12.06)
The following people spoke to this item:
Edith Smith, 15941 Linda Ave., presented a proposal regarding the Los Gatos Museum and requested
funding for the year.
Emerald Hathaway-Lohr, 174 Villa Ave., requested support for Music in the Plaza program. The
funds were originally requested for budget to pay musicians.
Cynthia Rostankowski, 333 Johnson Ave., spoke in support of the Museum proposal and Music in
the Plaza program.
No one else from the audience addressed this subject.
Motion by Mrs. Lubeck, seconded by Mr. O'Laughlin, that Council adopt Resolution 1994-86
entitled, RESOLUTION OF THE TOWN OF LOS GATOS APPROVING FISCAL YEAR 1994-
95 OPERATING BUDGET. Carried unanimously.
FILING FEES/HISTORIC DISTRICTS/ORDINANCE INTRODUCTION (24.15)
The Town Clerk read the Title of the Draft Ordinance.
Motion by Mrs. Lubeck, seconded by Mrs. Benjamin, to waive the reading of the Draft Ordinance.
Carried unanimously.
Motion by Mrs. Lubeck, seconded by Mrs. Benjamin, that Council introduce Draft Ordinance
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 INTRO (25.42)
The Town Clerk read the Title of the Draft Ordinance.
Motion by Mrs. Lubeck, seconded by Mrs. Benjamin, to waive the reading of the Draft Ordinance.
Carried unanimously.
Motion by Mrs. Lubeck, seconded by Mrs. Benjamin, that Council introduce Draft Ordinance
entitled, ORDINANCE 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.
TC:D6:MM062794
June 27, 1994
Los Gatos, California
BUSINESS LICENSES/SMALL BUSINESS CONTRACTS WITH TOWN (26.05)
The Town Clerk read the Title of the Draft Ordinance.
Motion by Mrs. Lubeck, seconded by Mrs. Benjamin, to waive the reading of the Draft Ordinance.
Carried unanimously.
Motion by Mrs. Lubeck, seconded by Mrs. Benjamin, that Council introduce Draft Ordinance
entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING ARTICLE II OF
CHAPTER 14 TO EXEMPT BUSINESSES WHOSE ONLY INCOME IN TOWN DERIVES
FROM CONTRACTS WITH THE TOWN FOR SMALL AMOUNTS. Carried unanimously.
Emerald Hathaway spoke regarding the business licenses required of musicians contracting with the
Town for one performance.
COUNCIL COMMITTEE REPORTS (27.10)
Mrs. Lubeck spoke regarding the participation of the Traffic Authority in the Highway 85 Opening
Celebration as planned by Los Gatos. The following ideas have been discussed in committee: opening
celebration at 10 in the morning of October 15; picnic area; bike and hike area; children section;
non-profit faire and food booths; display of new cars; tunnel tours; CASA display; music by picnic
area; no alcohol allowed.
ADJOURNMENT
Motion by Mr. Blanton, seconded by Mrs. Benjamin, that this evening's meeting be adjourned at
10:11 p.m. Carried unanimously.
ATTEST:
Marian V. Cosgrove
Town Clerk
TC:D6:MM062794