M 04-06-92TOWN OF LOS GATOS
CALIFORNIA
TOWN COUNCIL/PARKING AUTHORITY
April 6, 1992
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 7:43 p.m., Monday, April 6, 1992, in regular
session.
ROLL CALL
Present:Randy Attaway, Joanne Benjamin, Steven Blanton,
and Brent N. Ventura
Absent:Mayor Eric D. Carlson.
PLEDGE OF ALLEGIANCE
Given by all in attendance.
YEARS OF SERVICE/COMMENDATION/JOHN JENNINGS
Vice Mayor Benjamin commended Officer John Jennings for his 20 years of service to the
Town with the Los Gatos Police Department. Officer Jennings thanked the Council for this
award.
CABLE TELEVISION/PRESENTATION/JOHN FLAHERTY
Mr. John Flaherty from Congressman Norm Maneta's office made a presentation regarding
cable
television rates, and explained the current proposed legislation.
EQUIPMENT/VEHICLES/PURCHASE/BID AWARD/PFM (01.28)
Motion by Mr. Blanton, seconded by Mr. Attaway, that Council authorize the purchase of
two 1992 vehicles, a compact Station Wagon and a Fleetside Pickup from Capitol Ford for
net bid of $27,480.47, and the purchase of two 1992 vehicles, a 4WD Fleetside Pickup and a
Cab Chassis/Flatbed Dump Body from Mission Valley Ford net bid of $40,775.69. Carried
by a vote of 4 ayes. Mayor Carlson absent.
9213 PROJECT/MARIA'S BERRY FARM/RESTORATION/BID AWARD/PFM (02.35)
Motion by Mr. Blanton, seconded by Mr. Attaway, that Council award contract to the low
bidder BCS Construction in the total estimated amount of $225,925.00 and authorize the
TC:D3:MM040692
Town Manager to sign the contract on behalf of the Town. Carried by a vote of 4 ayes.
Mayor Carlson absent.
AUDITING SERVICES/MAZE & ASSOC/RESOLUTION 1992-52 (03.06)
Motion by Mr. Attaway, seconded by Mr. Blanton, that Council adopt Resolution 1992-52
entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN
MANAGER TO SIGN A CONTRACT WITH MAZE & ASSOCIATES TO PROVIDE
AUDITING SERVICES FOR FISCAL YEARS 1991-92, 1992-93 AND 1993-94. Carried by
a vote of 4 ayes. Mayor Carlson absent.
SCHEDULE OF PUBLIC HEARINGS (04.01)
Informational report regarding currently scheduled public hearings was received and filed.
TC:D3:MM040692
April 6, 1992
Los Gatos, California
PLANNING COMMISSION/PLANNING DEPARTMENT MONTHLY STATUS REPORT (05.47)
Informational report regarding activity of Planning Commission and Department was
received and filed.
COUNCIL CALENDAR OF MEETINGS (06.01)
Informational item presenting future Town Meetings for Council and other Town Boards and
Commissions was received and filed.
PAYROLL/RATIFICATION/MARCH 1992 (07.V)
Motion by Mr. Blanton, seconded by Mr. Ventura, that Council ratify the accompanying
check registers for payroll of March 1 through March 14, 1992 in the amount of $209,686.76
paid on March 20, 1992. Carried by a vote of 4 ayes. Mayor Carlson absent.
ACCOUNTS PAYABLE/RATIFICATION/MARCH 1992 (08.V)
Motion by Mr. Blanton, seconded by Mr. Ventura, that Council ratify accompanying check
registers for accounts payable invoices in the amount of $421,417.48 paid on March 13, 20
and 27 1992. Carried by a vote of 4 ayes. Mayor Carlson absent.
CABLE/TELEVISION REGULATION/CONSUMER PROTECTION ACT 1992 (09.24)
Council heard oral presentation regarding "Cable Television Consumer Protection Act of
1992," Senate Bill 12 from the Office of Congressional Representative Norman Mineta.
Chief of Staff, John Flaherty, addressed Council earlier in the meeting.
CAT'S HILL BICYCLE RACE/18TH ANNUAL/MAY 9, 1992 (10.23)
Informational item in response to request from Race Director to conduct the 18th Annual
Cat's Hill Bicycle Race, Saturday, May 9, 1992, starting at 12:00 noon was received and
filed.
PASTA COOK-OFF/RACE/MUSCULAR DYSTROPHY/MAY 30, 1992 (11.23)
Informational item in response to request from Race Director to conduct the 5th Annual
Pasta Cook-Off and foot race, Saturday, May 30, 1992, starting at 6:00 a.m. was received
and filed.
LOS GATOS CREEK TRAIL/PLANS/MILES & OLD TOWN FOOT BRIDGE (12.27)
Motion by Mr. Blanton, seconded by Mr. Ventura, that Council approve final plans
including alternate bids for Los Gatos Creek Trail between Miles Avenue and Old Town Foot
Bridge. Carried by a vote of 4 ayes. Mayor Carlson absent.
GREENBELT ALLIANCE/MID-STATE/TOLL ROAD/OPPOSITION (13.27)
Motion by Mr. Blanton, seconded by Mr. Ventura, that Council direct staff to prepare a
TC:D3:MM040692
April 6, 1992
Los Gatos, California
letter to the Santa Clara Cities Association and the Metropolitan Transportation Commission
for the Mayor's signature stating the Council's opposition to the Mid-State Toll Road. Carried
by a vote of 4 ayes. Mayor Carlson absent.
TANNER PROPOSAL/HAZARDOUS MATERIALS ADVISORY COMMITTEE (14.07)
Motion by Mr. Blanton, seconded by Mr. Ventura, that Council direct staff to prepare a
letter for the Mayor's signature indicating the Council's opposition to the continued existence
of the Tanner Committee. Carried by a vote of 4 ayes. Mayor Carlson absent.
TC:D3:MM040692
April 6, 1992
Los Gatos, California
9201 PROJECT/STREET RESURFACING/ANNUAL/FINAL PAYMENT (15.35)
Motion by Mr. Blanton, seconded by Mr. Ventura, that Council authorize staff to make a
final payment of $4,054.85 to Jennings Contracting, Inc. for Project 9201 - Annual Street
Resurfacing. Carried by a vote of 4 ayes. Mayor Carlson absent.
YEARS OF SERVICE/COMMENDATION/BARBARA KARLAN/RESOLUTION 1992-53 (16.43)
Motion by Mr. Blanton, seconded by Mr. Ventura, that Council adopt Resolution 1992-53
entitled, RESOLUTION OF THE TOWN OF LOS GATOS COMMENDING BARBARA
KARLAN FOR HER YEARS OF PUBLIC SERVICE TO THE TOWN OF LOS GATOS.
Carried by a vote of 4 ayes. Mayor Carlson absent.
9212 PROJECT/WINCHESTER BLVD/RETAINING WALL/RESOLUTION 1992-54 (18.35)
Motion by Mr. Blanton, seconded by Mr. Ventura, that Council adopt Resolution 1992-54
entitled, RESOLUTION OF THE TOWN OF LOS GATOS APPROVING PLANS AND
SPECIFICATIONS FOR PROJECT 9212 WINCHESTER BOULEVARD RETAINING WALL .
Carried by a vote of 4 ayes. Mayor Carlson absent.
PARKING/OPERA HOUSE/MAIN ST 140/RESOLUTION 1992-55 (19.38)
Motion by Mr. Blanton, seconded by Mr. Ventura, that Council adopt Resolution 1992-55
entitled, RESOLUTION OF THE TOWN OF LOS GATOS APPROVING RESTRICTED
PARKING AREA 140 WEST MAIN STREET (OPERA HOUSE). Carried by a vote of 4
ayes. Mayor Carlson absent.
8805 PROJECT/LOT 4/GEOMATRIX CONSULTANTS/REMEDIATION (20.35)
Motion by Mr. Blanton, seconded by Mr. Ventura, that Council accept the April 3, 1992
Report of Investigation submitted by Geomatrix. Carried by a vote of 4 ayes. Mayor Carlson
absent.
TREE PLANTING/SMALL BUSINESS ADMINISTRATION/RESOLUTION 1992-56 (21.27)
Motion by Mr. Blanton, seconded by Mr. Ventura, that Council adopt Resolution 1992-56
entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN
MANAGER TO EXECUTE AN AGREEMENT BETWEEN THE CALIFORNIA DEPARTMENT
OF FORESTRY AND FIRE PROTECTION AND THE TOWN OF LOS GATOS REGARDING
THE DISTRIBUTION OF GRANT FUNDS UNDER THE SMALL BUSINESS
ADMINISTRATION TREE PLANTING PROGRAM. Carried by a vote of 4 ayes. Mayor
Carlson absent.
OFFICE ZONE/ONE AND TWO FAMILY DWELLINGS/A-92-1/ORDINANCE 1896 (23.46)
Motion by Mr. Blanton, seconded by Mr. Ventura, that Council adopt Ordinance 1896
TC:D3:MM040692
April 6, 1992
Los Gatos, California
entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONING
ORDINANCE CONCERNING THE CATEGORIES OF RESIDENTIAL USES PERMITTED IN
VARIOUS ZONES WITH A CONDITIONAL USE PERMIT, which was introduced on March
16, 1992. Carried by a vote of 4 ayes. Mayor Carlson absent.
TC:D3:MM040692
April 6, 1992
Los Gatos, California
STOLEN PROPERTY/DISPOSAL OF/ORDINANCE 1897 (24.07)
Motion by Mr. Blanton, seconded by Mr. Ventura, that Council adopt Ordinance 1897
entitled, ORDINANCE OF THE TOWN OF LOS GATOS ADDING ARTICLE II OF
CHAPTER 21 OF THE TOWN CODE REGULATING DISPOSAL OF LOST AND
UNCLAIMED PROPERTY, AND UNCLAIMED STOLEN OR EMBEZZLED PROPERTY,
which was introduced on March 16, 1992. Carried by a vote of 4 ayes. Mayor Carlson
absent.
HEARINGS
FEES, RATES AND CHARGES/GOODS AND SERVICES/RESOLUTION 1992-57 (26.05)
Vice-Mayor Benjamin stated that this was the time and place duly noted for public hearing to
consider adoption of resolution amending fees, rates and charges for goods and services
provided by General Administration and to introduce an ordinance establishing a filing fee to
be paid by candidates for elected offices of the Town of Los Gatos.
No one from the audience addressed this issue.
Motion by Mr. Blanton, seconded by Mr. Ventura, that Council close the public hearing.
Carried by a vote of 4 ayes. Mayor Carlson absent.
Motion by Mr. Attaway, seconded by Mr. Blanton, that Council adopt Resolution 1992-
57 entitled, RESOLUTION OF THE TOWN OF LOS GATOS CONTINUING FEES, RATES
AND CHARGES FOR BUILDING COMMUNITY SERVICES, ENGINEERING, GENERAL
ADMINISTRATION SERVICES, LIBRARY, PARKS, FORESTRY AND MAINTENANCE
PLANNING, AND POLICE AND AMENDING CERTAIN FEES FOR GENERAL
ADMINISTRATION SERVICES AND REPEALING PREVIOUS RESOLUTION. Carried by a vote
of 3 ayes. Mr. Ventura voted no feeling that rates should be lower for copies of information to the
public. Mayor Carlson absent.
Motion by Mr. Blanton, seconded by Mr. Attaway, that Council waive the reading of the
draft ordinance. The Town Clerk read the title of the draft ordinance. Carried by a vote of 3
ayes. Mr. Ventura abstained. Mayor Carlson absent.
Motion by Mr. Blanton, seconded by Mr. Attaway, that Council introduce Draft Ordinance
entitled, ORDINANCE OF THE TOWN OF LOS GATOS ESTABLISHING A FILING FEE
FOR CANDIDATES FOR THE ELECTED OFFICES OF THE TOWN OF LOS GATOS.
Carried by a vote of 3 ayes. Mr. Ventura abstained. Mayor Carlson absent.
TC:D3:MM040692
April 6, 1992
Los Gatos, California
SANTA CRUZ AVE N 575/APPEAL/LA MANCHA DEVELOPMENT (27.09)
Vice-Mayor Benjamin stated that this was the time and place duly noted for public hearing to
consider an appeal of a decision of the Planning Commission to deny a request for approval
of plans to construct a 5,100 sq. ft. commercial building on .37 acres of property in the LM
zone, Negative Declaration ND-91-9 and Architecture and Site Application S-91-47.
Property located at 575 N. Santa Cruz Avenue. Property owner/Appellant, LaMancha
Development Co. Applicant, Jerry Kler & Associates.
TC:D3:MM040692
April 6, 1992
Los Gatos, California
HEARINGS CONTINUED
SANTA CRUZ AVE CONT.
The following people from the audience spoke to this issue:
Jerry Kler, architect for the project, requested Council send this project back to the Planning
Commission with thoughts and guidance on the proposal asking for specifics and narrower
constraints.
No one else from the audience addressed this issue.
Motion by Mr. Blanton, seconded by Mr. Attaway, that Council close the public hearing.
Carried by a vote of 4 ayes. Mayor Carlson absent.
Mr. Attaway, made the following statements regarding design of project in this area: do
not have widows down to street level and use of planter boxes to create interest.
Mr. Blanton, requested staff continue to work on a flow chart for applicants in order to
assist developers through the application process and to take exit interviews from applicants
having gone through the process.
Mr. Ventura, feels that the design tasks should continue to be entrusted to the Planning
Commission with some direction from Council; continued pedestrian retail shopping
atmosphere in the north portion of N. Santa Cruz Ave.; compliment the retail shopping of
Sarah Center; this project should set a tone and become a model for the immediate
community; keeping the height down coordinating with adjacent buildings; materials
considered such as wood to soften the effects of stucco and metal framing; landscaping use
of sycamore trees for a shady shopping atmosphere; large size evergreens in the parking
area to buffer the residential neighborhood.
Vice Mayor Benjamin, would like to see a softening measure used close to the side walk
such as planter boxes.
Motion by Mr. Ventura, seconded by Mr. Blanton, to deny the appeal, modifying the
Planning Commission's decision in part, and to refer back to staff for further review of the
plans to be followed by Planning Commission's review of the reevaluated application. The
application not to return to DRC. Motion reconsidered by maker and second.
Kate Anderton, Town Attorney, stated that Council could not deny the appeal and modify
conditions but could affirm, modify or reverse the Planning Commission's decision, and at a
later date change or set policy statement in ordinance for consistency regarding; 1)
conditionally approve the appeal based on the Planning Commission's satisfaction; 2) defer
action on appeal and seek further advise from the Planning Commission on specific issues;
3) modify the decision of the Planning Commission and return to the Planning Commission
TC:D3:MM040692
April 6, 1992
Los Gatos, California
for further consideration.
Motion by Mr. Ventura, seconded by Mr. Blanton, that Council grant the appeal and find
that the Planning Commission erred in denying the project due to constraints not necessarily
under their control. It is Council's intent that this project should have further consideration
and that the Commission's decision should be modified and the project should be referred
back to staff for review of code compliance and submit to Planning Commission for final
design approval. Carried by a vote of 4 ayes. Mayor Carlson absent.
TC:D3:MM040692
April 6, 1992
Los Gatos, California
ROUTE 85 CORRIDOR/GENERAL PLAN AMENDMENTS (25.47)
Informational report regarding the General Plan Committee's meeting with Ted Kreines,
Planning Consultant, regarding General Plan Amendments for the area along the Route 85
Corridor was received and filed.
The following people from the audience spoke to this issue:
Mary Louise Flynn, 209 Nob Hill Way, spoke regarding increasing traffic and congestion in
the Town and along the new freeway, and disagreed with the General Plan study as it was
presented.
Mike Abkin, 122 El Olivar, Planning Commissioner, spoke regarding the General Plan
Committee proposals.
No one else from the audience addressed this issue.
Mr. Ventura addressing the General Plan proposal stated that he would not be in favor of
the densities proposed unless mass transit becomes a reality in the areas under review.
Without mass transit he would only support single family homes. Offices would not be
supported unless they are very close to a mass transit station. Shopping center on Los
Gatos Blvd should consist of business that does not jeopardize the improving and
redevelopment of downtown business community.
Mr. Bowman, Planning Director, explained that the General Plan Committee's policy has
consistently been that the intensification will be directly tied to the capacity of the area to
carry the additional traffic.
Consensus motion by Mr. Attaway that Council agree to leave the area southwest of
Lark as it is today with no increased development but minor changes acceptable.
KNOWLES DR 555/NME HOSPITAL/MEDICAL OFFICE (22.09)
Vice-Mayor Benjamin stated that this was the time and place duly noted to consider an
appeal of a decision of the Planning Commission denying a request for approval of plans to
construct a 59,864 sq. ft. medical office facility in the "O" zone. Architecture and Site
Application S-90-9A and Negative Declaration ND-90-9. Property is located at 555 Knowles
Drive. Property owner, NME Hospitals. Applicant, Bob Elmore, Elmore Design Group.
The following person from the audience spoke regarding this subject:
Truman Gates, 815 Pollard Rd., asked Council to give the hospital proposal similar
treatment as that the La Manacha development received this evening.
No one else from the audience addressed this issue.
Motion by Mr. Blanton, seconded by Mr. Ventura, that Council reconsider decision to
TC:D3:MM040692
April 6, 1992
Los Gatos, California
deny appeal of the Planning Commission denial of a request for approval of plans to
construct a 59,864 sq. ft. medical office facility in the "O" zone in motion of March 16, 1992.
Carried by a vote of 4 ayes. Mayor Carlson absent.
Motion by Mr. Blanton, seconded by Mr. Ventura, that Council grant the appeal in part
and modify the decision of the Planning Commission finding that the Planning Commission
erred in that they did not have new information stating that the applicant was willing to
incorporate wording stating that intensity of use would not increase in the next five years;
incorporating
TC:D3:MM040692
April 6, 1992
Los Gatos, California
KNOWLES DRIVE CONT.
Planning Commission concerns relative to intensity of use; and would be willing to redesign
the building to meet the needs of the community; height, mass and materials should be
readdressed; siting of the building to also be addressed. This project to return to staff and
DRC without additional fees, and after approval and report from staff the project will return to
the Planning Commission. Carried by a vote of 4 ayes. Mayor Carlson absent.
EMERGENCY PLAN/MULTI HAZARD FUNCTIONAL PLAN/RESOLUTION 1992-58 (17.13)
Motion by Mr. Attaway, seconded by Mr. Blanton, that Council adopt Resolution 1992-58
entitled, RESOLUTION OF THE TOWN OF LOS GATOS ADOPTING THE TOWN OF LOS
GATOS BASIC EMERGENCY PLAN. Carried by a vote of 4 ayes. Mayor Carlson absent.
MINUTES OF NOVEMBER 12, 1991 (28.V)
Motion by Mr. Attaway, seconded by Mr. Blanton, that Council approve the Minutes of
November 12, 1991 as submitted. Carried by a vote of 3 ayes. Mr. Ventura abstained.
Mayor Carlson absent.
MINUTES OF MARCH 9, 1992
Motion by Mr. Blanton, seconded by Mr. Attaway, that Council approve the Minutes of
March 9, 1992 as submitted. Carried by a vote of 3 ayes. Mr. Ventura abstained. Mayor
Carlson absent.
MINUTES OF MARCH 16, 1992
Motion by Mr. Ventura, seconded by Mr. Attaway, that Council approve the Minutes of
March 16, 1992 as submitted. Carried by a vote of 4 ayes. Mayor Carlson absent.
MINUTES OF MARCH 23, 1992
Motion by Mr. Ventura, seconded by Mr. Attaway, that Council approve the Minutes of
March 23, 1992 as submitted. Carried by a vote of 4 ayes. Mayor Carlson absent.
TREASURER'S REPORT/FEBRUARY 1992 (29.V)
Informational report submitted by the Treasurer to the Council for the month of February
1992 was received and filed.
FIRE PREVENTION/FIRE SAFETY/FIRE HAZARD AREAS (30.44)
Mayor Carlson stated that this was the time and place duly noted to consider report of fire
prevention and safety measures for the Town of Los Gatos.
The following people from the audience spoke regarding this subject:
Gary Nickle, 5388 Willow Lake Ct., Byron Ca., spoke regarding steel roofing materials and
TC:D3:MM040692
April 6, 1992
Los Gatos, California
the need for safety considerations when applying a new roof.
Tom Gremore, 135 Green Hill Way, was concerned about the type of roof and the type of
fire associated with the different roof coverings.
Mr. Gremore, 161 Central Avenue, roofing contractor asked that the cost of the new roofs
be considered by Council since so many elderly need new roofs and will be unable to pay on
their fixed income.
TC:D3:MM040692
April 6, 1992
Los Gatos, California
FIRE SAFETY CONT.
Robert Burns, 1667 Springer, Mtn. View, Fire Protection Consultant, Committee for Fire
Safe Roofing, discussed the cost of the roofing materials.
Doug Sporleder, Fire Chief of Central Fire District, 420 Alberto Way #4, explained the fire
safety boundaries for the Town and the reasons for their choice.
No one else from the audience addressed this issue.
Mrs. Benjamin would prefer to wait for state legislation and then cooperate with the west
valley cities. Home owners should be given the opportunity to discuss their options at a
public hearing.
Motion by consensus, that Council schedule a public hearing to consider Council approval
of the expanded "Hazardous Fire Areas" as provided by the Central Fire District, and require
new roof coverings in hazardous fire areas to be Class A minimum and required new roof
covering in all remaining areas to be Class C or better.
SECONDARY DWELLING UNITS/ACCESSORY LIVING QUARTERS/REQUIRED YARDS
ZONING ORDINANCE AMENDMENT (31.46)
Mayor Carlson stated that this was the time and place duly noted to consider Planning
Commission recommendation for introduction of ordinance amending the Town Code to
modify the required yards for accessory structure other than secondary dwelling units and
accessory living quarters.
The following person from the audience spoke to this issue:
Walt Korber, 17110 Crescent Drive, stated confusion relating to Council action of March
16, 1992 in regards to setback requirements in the hillside zone. He requested
reconsideration of Council's action.
No one else from the audience addressed this issue.
Motion by Mr. Blanton, seconded by Mr. Ventura, to reconsider the previous action taken
by Council on March 16, 1992, and to schedule another public hearing for May 4, 1992.
Carried by a vote of 3 ayes. Mr. Attaway voted no stating the original intent of this ordinance
to cover the downtown area. Mayor Carlson absent.
COUNCIL COMMITTEE REPORT/CONGESTION MANAGEMENT AGENCY
TRANSPORTATION ADVISORY COMMISSION
Mr. Ventura reported that CMA is proposing to take over the decision making and review
process for the transportation planning in Santa Clara County. CMA has been set up to give
absolute control to San Jose and Santa Clara County and not much strength to the smaller
cities. Council must keep abreast of CMA's actions and plans so as to have some strength
in being able to act and plan with current information. The TAC (technical advisory
committee) with a member from every city, and so far CMA has taken all recommendations
from the TAC which does have a single representative from all cities involved. The present
process for the Transportation Commission relies solely on the city engineers of the various
cities. The CMA is comprised of planners and engineers and has the duty to relate all
transportation projects to land use considerations.
TC:D3:MM040692
April 6, 1992
Los Gatos, California
ADJOURNMENT
Vice-Mayor Benjamin adjourned this evening's meeting at 11:05 p.m.
ATTEST:
Marian V. Cosgrove
Town Clerk
TC:D3:MM040692