Los Gatos Town Council Minutes 3/6/95
TOWN OF LOS GATOS
CALIFORNIA
TOWN COUNCIL/PARKING AUTHORITY
March 6, 1995
Minutes
TOWN COUNCIL
The Town Council/Parking Authority of the Town of Los Gatos met in
the Council Chambers of the Town Hall, 1 10 East Main Street, at 7:37 p.m.,
Monday, March 6, 1995, in regular session.
ROLL CALL
Present: Randy Attaway, Joanne Benjamin, Steven Blanton,
Linda Lubeck and Mayor Patrick O'Laughlin.
Absent: None.
PLEDGE OF ALLEGIANCE
Given by all in attendance.
COMMUNITY SERVICES COMMISSION/PAUL DU BOIS/APPOINTMENT
(00.20)
Mayor O'Laughlin announced that one application had been received
from Paul DuBois for one vacancy on the Community Services Commission.
Voting was held and Paul DuBois was appointed to a term ending January 1,
1998.
LORD MAYOR OF DUBLIN/JOHN GORMLEY
CITY MANAGER OF DUBLIN/FRANK FEELY/PRESENTATIONS FROM
IRELAND (000.20)
Mayor O'Laughlin introduced The Lord Mayor of Dublin, John Gormley and his
wife Penny Stewart, and the City Manager of Dublin, Frank Feely and
Councilwoman Mary Freehill. Mayor O'Laughlin presented Proclamations to
both the Lord Mayor and the City Manager and Mr. Gormley and Mr. Feely
greeted our community and welcomed everyone who would care to enjoy
visiting their country, Ireland. They expressed pleasure in being able to
visit Los Gatos and enjoy our community's hospitality and commented on our
democratic process.
CLOSED SESSION
Larry Anderson, Town Attorney, reported that Council had met in
Closed Session following the February 21, 1995 meeting to continue
discussion of the Town Manager's employment contract pursuant to Government
Code Section 54957, and continued that discussion to this evening's Closed
Session.
Pursuant to Government Code Section 54956.9(a), Pending Litigation,
pertaining to Mohamed Poonia, Trustee v. Town of Los Gatos, Adversary
Proceeding 94-5524-ASW, which is a Bankruptcy Action regarding Los Gatos
Lodge, Inc., Case 92-57143-ASW. This item concerns past due transient
occupancy tax collection. Instruction from Council was received by the
Attorney on how to proceed in this matter.
Pursuant to Government Code Section 54957 to discuss Town
Employment Contract. The Town Manager's contract was discussed and will
continue to the following meeting for conclusion, and Item 15 on this
evening's agenda will be removed and be continued to the March 20, 1995
agenda.
SCHEDULE OF PUBLIC HEARINGS (01.01)
Informational report regarding currently scheduled public hearings
was received and filed.
PLANNING COMMISSION/PLANNING DEPARTMENT MONTHLY
STATUS REPORT (02.47)
Informational report regarding activity of Planning Commission and
Department was received and filed.
COUNCIL CALENDAR OF MEETINGS (03.10)
Informational item presenting future Town Meetings for Council and
other Town Boards and Commissions was received and filed.
PAYROLL RATIFICATION/FEBRUARY 1995 (04.V)
Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council
ratify the check register for the payroll of January 29 through February
11, 1995 paid on February 17, 1995 in the amount of $211,571.28. Carried
unanimously.
ACCOUNTS PAYABLE/RATIFICATION/JANUARY 1995 (05.V)
Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council
ratify the accompanying check registers for accounts payable invoices paid
on February 17 and 24, 1995 in the amount of $421,426.23. Carried
unanimously.
MINUTES OF FEBRUARY 21,1995 (06.V)
Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council
approve the Minutes of February 21, 1995 as submitted. Carried
unanimously.
PARR AVENUE/MEETING WITH/CAMPBELL & LOS GATOS (07.09)
Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council
accept the report regarding a meeting of City of Campbell staff and Town
staff with residents of Parr Avenue. Carried unanimously.
CLAIM REJECTION/RICHARD SERRATO (08A.01)
Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council
reject the claim of Richard Serrato for alleged personal injuries occurring
on October 1, 1994. Carried unanimously.
CLAIM REJECTION/DENISE HENLINE (08B.01)
Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council reject the
claim of Denise Henline for alleged property loss occurring on
January 26, 1995. Carried unanimously.
AMICUS BRIEF/CITIZENS FOR A BETTER ENVIRONMENT/UNION OIL
(09.01)
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 Citizens for a Better Environment v. Union Oil Co. of
California, Ninth Circuit Court of Appeals, case 95-15139, at no cost to
the Town. Carried unanimously.
LASER JET PRINTERS/PURCHASE (10.28)
Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council
authorize Town Manager to execute purchase order of $14,500 with Computer
Biz and authorize budget transfers from the Equipment Replacement Fund and
various department accounts for the purchase of 2 HP Laser Jet 4 Plus
Printers and 4 HP Laser Jet 4M Plus printers and accessory trays for a
total cost of $14,500 and services of $770 for the new printers to be
brought on-line with the Town's network. Carried unanimously.
NATURAL GAS CONVERSION KITS/EQUIPMENT
PURCHASE/RESOLUTION 1995-31 (11.28) Motion by Mrs. Benjamin, seconded by Mr.
Blanton, that Council adopt Resolution 1995-31 entitled, RESOLUTION OF THE TOWN
OF LOS GATOS AUTHORIZING TOWN MANAGER TO EXECUTE AGREEMENT WITH
CARDINAL AUTOMOTIVE FOR PURCHASE AND INSTALLATION OF NATURAL GAS CONVERSION
KITS. Carried unanimously.
LIBRARY CIRCULATION DESK/SECURITY SYSTEM (12.44)
Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council
approve transfer of $21,516 from account 4473-R77005-473CLCPT to account
4473-77611 ($12,000) -to purchase a new security system and to account
4473-77610 ($9,516) to purchase a new circulation desk. Carried
unanimously.
ECONOMIC DEVELOPMENT/JOINT VENTURE:SILICON VALLEY/RESO
1995-32 (13.05)
Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council
adopt Resolution 1995-32 entitled, RESOLUTION OF THE TOWN OF LOS
GATOS
SUPPORTING A REGIONAL ECONOMIC DEVELOPMENT STRATEGY
AND COMMENDING THE
EFFORTS OF THE ECONOMIC DEVELOPMENT TEAM OF JOINT
VENTURE: SILICON VALLEY.
Carried unanimously.
LIBRARY MATERIALS/SELECTION POLICY (14.44)
Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council
adopt the Library materials selection policy. Carried unanimously.
TOWN MANAGER/LETTER OF AGREEMENT (15.10)
This item was removed from the agenda as noted in the Closed
Session report.
SANTA CRUZ AVE N 335/APPEAL DENIAL/RESTAURANT/RESOLUTION
1995-33 (16.09)
Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council
adopt Resolution 1995-33 entitled, RESOLUTION OF THE TOWN OF LOS
GATOS
REPORTING DENIAL OF APPEAL OF PLANNING COMMISSION DECISION TO DENY A
REQUEST TO ESTABLISH A RESTAURANT WITHIN AN EXISTING BUILDING, TO HAVE
OUTDOOR SEATING, AND THE SALE OF BEER AND WINE IN THE C-2 ZONE; CONDITIONAL
USE PERMIT APPLICATION U-94-76. PROPERTY LOCATED AT 225 N.SANTA CRUZ AVE.
PROPERTY OWNER. DORETHEA WOODS REVOCABLE TRUST. APPLICANT, PETER
COOPERSTEIN, and adding a sentence regarding the absence of a loading zone
to the end of paragraph nine. Carried by a vote of 4 ayes. Mayor
O'Laughlin abstained.
Noted by Council was the desk item and Mr. Attaway requested that
the tapes of the hearing be sent to the applicant's attorney.PUBLIC WORKS
INSPECTION/CAMPBELL CITY CONTRACT/RESOLUTION 1995-34 (17.28)
Motion by
Mrs. Benjamin, seconded by Mr. Blanton, that Council adopt Resolution
1995-34 entitled, RESOLUTION OF THE TOWN OF LOS GATOS
AUTHORIZING THE
MANAGER TO ENTER INTO AN AGREEMENT PROVIDING CONTRACT
PUBLIC WORKS
INSPECTION FOR THE CITY OF CAMPBELL. Carried unanimously.
NEWSRACK REGULATIONS/PUBLIC RIGHT-OF-WAY/ORDINANCE 1995
(18.05)
Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council
adopt Ordinance 1995 entitled, ORDINANCE OF THE TOWN OF LOS GATOS
AMENDING
CHAPTER 23 OF THE TOWN CODE REGULATING NEWSRACKS
LOCATED ON OR PROJECTING
INTO THE PUBLIC RIGHT-OF-WAY. Carried unanimously.
PLANNING COMMISSION DECISIONS/REVIEW
STANDARD/ORDINANCE 1996 (19.46)
Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council
adopt Ordinance 1996 entitled,
ORDINANCE OF THE TOWN OF LOS GATOS AMENDING SECTIONS 29.20.295 AND
29.20.300 OF THE TOWN CODE TO REVISE THE STANDARD OF REVIEW TO BE USED BY
THE TOWN COUNCIL ON APPEALS OF PLANNING COMMISSION DETERMINATIONS. Carried
unanimously.
HEARINGS
BELLA VISTA AVE 337/SINGLE-FAMILY RESIDENTIAL/APPEAL (20.09)
Mayor O'Laughlin stated that this was the time and place duly noted
for public hearing to consider an appeal of a Planning Commission decision
to deny a request for a General Plan amendment to modify the vehicular
traffic trip allocation from the Alberto Way Basin Area and a Zone Change
from R-1:8000 (Single-family residential, 8,000 sq. ft. minimum lot size)
to RM:5-12-PD (multiple- family residential, 5-12 dwelling units per net
acre-planned development) to permit the construction of eight detached
single-family residential structures on approximately 1.4 acres of
property. Negative Declaration Application ND-92-1. General Plan
Amendment Application GP-92-6. Zone Change Application Z-92-6. Applicant,
Bella Vista Gardens, Richard Belding, Paragon Design Group. Appellant,
Gary Mountain. Property Located at 337 Bella Vista Ave.
The following person spoke to this issue regarding a continuance
for several weeks for technical reasons:
Paul Derania, Counsel for the Bella Vista Partnership, addressed
three issue: should the appeal be granted or denied; should a refund be
given; should the denial be with or without prejudice.
The following people spoke against this development. The majority
of the speakers were residents and owners of units in the Pueblo de Los
Gatos development.
Richard Belding, 420 Alberto Way #32, spoke for the Homeowners
Association,
Sam Polverino, 420 Alberto Way #13,
David Jones, 420 Alberto Way #52,
N.J. Carlson, 443 Alberto Way #224 B, Los Gatos Commons representative,
Rick Melzig, 340 Bella Vista Ave.,
HEARING CONTINUED
BELLA VISTA AVE 337 CONT.
Speakers continued:
Stephenie Olson, 420 Alberto Way,
Robert Robles, 420 Alberto Way #47,
Marsha DeLong, 420 Alberto Way #27,
Jane Bishop, 134 Lu Ray Drive, owner of unit #41 of Pueblo de Los Gatos
Willard Sorensen, 420 Alberto Way #19,
Concerns mentioned were: denial of the application; noted decision
of the homeowners in 1992; do not want the condominium driveway used for
access to the proposed development due to safety issues; the vehicular trip
allocations from the Alberto Way basin area needs additional review; the
18' wide driveway, bounded by cement block walls, to the proposed site was
designed for a single family residence not a multi-family development;
concerns stated regarding the length of time the project will be tied up in
litigation before Council will -take action on it; water supply in event of
fire emergency was noted in regards to the increase of multi-family
residents. No one else from the audience addressed this issue.
Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council
continue this item for two weeks to March 20, 1995, and invite the public
and applicant to attend, at which time a decision will be made. Carried
unanimously.
SMOKING ORDINANCE/SUGGESTED AMENDMENT (21.46)
Mayor O'Laughlin stated that this was the time and place duly noted
for Council to consider report on proposal to amend the Smoking Ordinance.
Mr. Anderson, Town Attorney, noted that the State Law, AB13, preempted
most local control over smoking. The State took most of the
strong elements of local smoking laws and adopted them as state law. No
city can allow less smoking control than state law. This is an employment
protection issue, not a consumer protection issue. The Health and Safety
Code of the State of California is now the law which our code enforcement
officer is upholding. Bars and taverns were left open until January 1,
1997. Smoking outside was also left open.
The following people from the audience spoke against amending the
Town's present Smoking Ordinance:
Patricia Lynn Gordon, 210 Rushmore Lane #8, works at the Last Call,
and is a non-smoker. She submitted petitions to Council.
Robert Jacobs, 323 Geary St #611, San Francisco, 94102, Director of
the Northern California Tavern and Restaurant Association.
Kathryn Sprague, 14685 Oka Road, asked for the opportunity to have
a few locations she can go to that allow smoking.
Kristin Jordan, 236 N. Santa Cruz Ave. #236, noted that workers in
bars would even be willing to sign a document stating that they are aware
of the dangers associated with working in a smoke filled environment.
SMOKING ORDINANCE CONT.
Speakers continued:
James Di Benedetto, 102 S. Santa Cruz Ave.,/# 1 Broadway, spoke of
the impact on business for the six stand alone bars in Los Gatos.
Steve Anzalone, 16381 E. La Chiquita, Los Gatos/141k N. Santa Cruz
Ave., representing The Black Watch, submitted 37 pages of signed petitions
for the record.
Andrew Palmisano, 702 More Ave., speaking as a non smoker, noted
that there were nonsmoking bars and restaurants he could frequent and that
he would not go to the smoking facilities but felt that they should be
allowed their smoking status for those people who did choose to smoke and
had no other location to go now that nearly every facility has been made
smoke free.
The following person from the audience spoke in favor of the
Ordinance amendment:
Dr. David Weissman, 15431 Francis Oaks Way, spoke of the petition
presented to Council in March of 1994 signed by over 100 physicians
requesting a complete smoking ban in the Town of Los Gatos. Asked that
Council complete the process that it began four years ago.
No one else from the audience addressed this issue.
Council Comments:
Mr. Attaway was not in favor of making this issue a public hearing,
noting he was not a smoker, and stating he did not consider smokers second
class citizens. He supported the original ordinance and is proud of how
well it is working. There is now a freedom of choice for all as to where
they go, and government has provided some safe choices for smokers and
non-smokers alike.
Mr. Blanton spoke for the citizens that had signed the petition
asking for a revision in the Smoking Ordinance. Noted that the arguments
heard tonight were the same heard in 1991 and the ordinance that was passed
then has worked well for everyone. He stated that there was enough
interest on both sides of the issue to warrant a hearing on the subject.
Mayor O'Laughlin felt that this was a community issue generating a
great deal of interest and warranted a public hearing.
Mrs. Benjamin was not in favor stating that by the time our
ordinance could take affect and be enforced under the limited resources
available, the state law will be in affect and take precedence and affect
all businesses equally. Work places, public places and restaurants are a
concern because everyone frequents them, and everyone including children
are affected. If the state law does not pass in two years than the Town
can reconsider the issue. Would prefer to expend resources on prevention
of young people taking up smoking then on those people who are established
smokers. These comments were seconded by Mrs. Lubeck.
Motion by Mr. Blanton, seconded by Mayor O'Laughlin, to set a
public hearing on amendments to the Smoking Ordinance. Mrs. Benjamin, Mrs.
Lubeck and Mr. Attaway voted no. Motion failed with 2 ayes and 3 noes.
PARKING/DOWNTOWN GARAGE/WILLIAM BACCHI/$200,000
CONTRIBUTION (22.42)
Mr. Linder, Assistant Town Manager, explained that Mr. Bacchi had
made a presentation of $200,000. Mr. Linder presented to Council various
ways they could accept this contribution toward additional downtown parking
without the Town using any of its general fund.
PARKING CONTINUED
The contribution is a conditional grant which would be attached to a mutually
beneficial agreement addressing how the Town would receive and expend the
grant.
Consensus of Council that an agreement be made with Mr. Bacchi delineating
the terms of the grant; that staff do a financial analysis of a parking structure
project; that a report on in-lieu fees be done to see how much could be raised with
that method; that no expenditure be made on plans and studies until Council
considers the feasibility of the report July 17, 1995.
The following people from the audience spoke to this issue:
William Bacchi, 236 N. Santa Cruz Ave., Suite #105, Eureka Bldg., spoke of
the resources and personal commitment he will donate to the parking improvement
project. He noted that two neighboring property owners had pledged their
personal property to this project which is of a value far greater than his monetary
contribution.
Rex Morton, 51 University Ave., Suite I, Parking Commission Chair, spoke of
a new parking structure and the approximately 4.5 million it would cost. He spoke
of the different needs of employees and customers in regards to parking. He
dedicated the time of the Parking Commission to work on the feasibility study,
community organization and attainment of such a project. Meetings of twice a
month or more were suggested if Council concurs on the advisability of pursuing
this concept. A date of July 17, 1995 was suggested as a date to report back to
Council with a feasibility report and suggested implementation schedule. He spoke
of Lot 2 being the one lot with the most potential for an economically viable
number of parking spaces.
Theodore Hebert, 114 Dardanelli #20, Parking Commissioner, spoke of the
in-lieu fee program, the funds already available in that program and the willingness
of the Parking Commission to dedicate themselves to assisting and implementing
the processes necessary to initiate a program which has the potential of being
successful. A project establishing a sufficient number of attractive and
conveniently accessible locations would be considered a profitable and successful
undertaking for our community.
Kristin Jordan, 236 N. Santa Cruz Ave., an employee of the "The Proccessing
Department", spoke as the Chamber representative of the need of small businesses
for adequate parking in the downtown area. She noted the six parking tickets she
had received last month and alluded to the fact that she could handle that cost if
she could be assured of additional forthcoming parking accommodations.
No one else from the audience addressed this issue.
Council consensus: Thanked Mr. Bacchi for his generous offer. Agreed that
one of the Town's primary needs is additional parking. Noted that the grant
offered tonight is only 5% of the total cost for the suggested facility. Council
requested a secure financial proposal which would include others who will commit
themselves generously to the support of this proposal at their own level of financial
ability. Requested that the Parking Commission work with supporters in the
community and define the financial commitment that they will have so as to
proceed with the suggested facility. Asked that in-lieu fees be studied and itemized
as a portion of the over all financing. To investigate the refinancing of the current
parking assessment district or the formation of a new assessment district to
facilitate parking in the Downtown Area. To return to Council with a viable
economic plan to finance an improved parking district by July 17, 1995.
COMMITTEE REPORTS
Town Plaza Blue Ribbon Committee:
Mayor O'Laughlin noted that Norbett Witt and Anne White had been
nominated for the Blue Ribbon Town Plaza Committee. Other nominations from
Council should be submitted to the Mayor.
ADJOURNMENT
Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, that this evening's
meeting be adjourned at 9:37 p.m. Carried unanimously.
ATTEST:
Marian V. Cosgrove
Town Clerk
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