M 02-07-94TOWN OF LOS GATOS
CALIFORNIA
TOWN COUNCIL/PARKING AUTHORITY
February 7, 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 7:53 p.m., Monday, February 7, 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 stated that Council had not met in Closed Session prior to this evening's meeting.
PRESENTATION/CENTRAL FIRE DISTRICT (00.43)
Fire Chief Douglas Sporleder, 14700 Winchester Blvd., of Central Fire District, presented the Central
Fire Districts Yearbooks to Council and thanked Town for its cooperative spirit.
PLANNING COMMISSION/SANDY DECKER/LEONARD PACHECO
ALLEN RUDOLPH/APPOINTMENTS (000.20)
Mayor Attaway announced that six applications had been received for three vacancies on the Planning
Commission from Sandy Decker, Robert Delgado, Arlie Middlebrook, Leonard Pacheco, Allen
Rudolph and Carol Ann Weber. Voting was held and Mrs. Decker and Mr. Rudolph were appointed to
terms expiring January 31, 1998. Mr. Pacheco was appointed to term expiring January 31, 1997.
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 monthly activity of Planning Commission and Planning 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.
MINUTES OF JANUARY 18, 1994 (04.V)
Motion by Mrs. Benjamin, seconded by Mr. O'Laughlin, that Council approve the Minutes of
January 18, 1994 as submitted. Carried unanimously.
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PAYROLL/RATIFICATION/JANUARY 1994 (05.V)
Motion by Mrs. Benjamin, seconded by Mr. O'Laughlin, that Council ratify the accompanying check
registers for payrolls of January 2 through January 15, 1994 in the amount of $290,263.96 paid on
January 21, 1994 as corrected in the desk item. Carried unanimously.
ACCOUNTS PAYABLE/RATIFICATION/JANUARY 1994 (06.V)
Motion by Mrs. Benjamin, seconded by Mr. O'Laughlin, that Council ratify accompanying check
registers for accounts payable invoices in the amount of $480,019.54 paid on January 12, 14, 21, and
28, 1994. Carried unanimously.
TREASURER'S REPORT (07.V)
Informational report submitted by the Treasurer to the Council as of December 31, 1993 was received
and filed.
BUDGET REPORT/MID-YEAR/1993-94 (08.06)
Motion by Mrs. Benjamin, seconded by Mr. O'Laughlin, that Council accept mid-year budget report
for the year 1993-1994 including revenue and expenditure revisions. Carried unanimously.
CLAIM REJECTION/LA CANADA BUILDING/INJURY (09.01)
Motion by Mrs. Benjamin, seconded by Mr. O'Laughlin, that Council reject claim of La Canada
Building filed on January 13, 1994 with the Town Clerk. Carried unanimously.
FURNITURE PURCHASES/CRI OFFICE PAVILION/FUND TRANSFER (12.06)
Motion by Mrs. Benjamin, seconded by Mr. O'Laughlin, that Council authorize the Town Manager
to accept CRI Office Pavilion's bid for modular furniture and make the appropriate fund transfers.
Carried unanimously.
FLOOD CONTROL ZONE ADVISORY/SANTA CLARA VALLEY WATER COMMISSION (13.20)
Motion by Mrs. Benjamin, seconded by Mr. O'Laughlin, that Council nominate Trish Duarte, Sr.
Engineering Technician, as Representative; Chris Gjerde, Assistant Engineer, as Alternate No. 1; and
Scott Baker, Director of Building and Engineering Services, as Alternate No. 2 to the Central and
North Central Flood Control Zone Advisory Committees. Carried unanimously.
BRUSH ABATEMENT PROGRAM/CENTRAL FIRE DISTRICT (15.28)
Motion by Mrs. Benjamin, seconded by Mr. O'Laughlin, that Council continue this item until such
time as the Central fire District responds to the proposed agreement and reduce or justify Santa Clara
County's 65% overhead charge. Carried unanimously.
GENERAL PLAN COMMITTEE/TERMS OF OFFICE/RESOLUTION 1994-15 (16A.20)
Motion by Mrs. Benjamin, seconded by Mr. O'Laughlin, that Council adopt Resolution 1994-15
entitled, RESOLUTION OF THE TOWN OF LOS GATOS TO AMEND THE TERMS OF
OFFICE OF THE GENERAL PLAN COMMITTEE AS AN ADVISORY BODY OF THE
PLANNING COMMISSION. Carried unanimously.
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HISTORIC PRESERVATION COMMITTEE/TERMS OF OFFICE/RESOLUTION 1994-16
(16B.20)
Motion by Mrs. Benjamin, seconded by Mr. O'Laughlin, that Council adopt Resolution 1994-16
entitled, RESOLUTION OF THE TOWN OF LOS GATOS TO AMEND THE TERMS OF
OFFICE AND DUTIES OF THE HISTORIC PRESERVATION COMMITTEE AS AN
ADVISORY BODY TO THE PLANNING COMMISSION. Carried unanimously.
CONCEPTUAL DEVELOPMENT ADVISORY COMMITTEE/RESOLUTION 1994-17 (16C.20)
Motion by Mrs. Benjamin, seconded by Mr. O'Laughlin, that Council adopt Resolution 1994-17
entitled, RESOLUTION OF THE TOWN OF LOS GATOS TO AMEND THE TERMS OF
OFFICE OF THE CONCEPTUAL DEVELOPMENT ADVISORY COMMITTEE AS AN
ADVISORY BODY OF THE PLANNING COMMISSION. Carried unanimously.
REDEVELOPMENT ADVISORY COMMITTEE/TERMS/RESOLUTION 1994-18 (16D.20)
Motion by Mrs. Benjamin, seconded by Mr. O'Laughlin, that Council adopt Resolution 1994-18
entitled, RESOLUTION OF THE TOWN OF LOS GATOS TO AMEND THE TERMS OF
OFFICE OF THE REDEVELOPMENT ADVISORY COMMITTEE AS AN ADVISORY BODY
OF THE PLANNING COMMISSION. Carried unanimously.
BROADWAY 93/HISTORIC HOME/DEMOLITION/BRANDHORST/RESOLUTION 1994-19
(17.09)
Motion by Mrs. Benjamin, seconded by Mr. O'Laughlin, that Council adopt Resolution 1994-19
entitled, RESOLUTION OF THE TOWN OF LOS GATOS GRANTING APPEAL OF
PLANNING COMMISSION APPROVAL OF A MODIFICATION TO A PREVIOUSLY
APPROVED APPLICATION FOR AN ADDITION TO A SINGLE FAMILY RESIDENCE
WHICH WAS DEMOLISHED WITHOUT APPROVAL ON PROPERTY ZONED R-1D-LHP,
S-85-63B, which incorporates the findings and decision of the Town Council meeting of January 18,
1994. Carried by a vote of four ayes. Mr. Blanton voted no for reasons stated in previous record.
PRIVATE ENCROACHMENTS/LIABILITY EXPOSURE/ORDINANCE 1968 (18.46)
Motion by Mrs. Benjamin, seconded by Mr. O'Laughlin, that Council adopt Ordinance 1968 entitled,
ORDINANCE OF THE TOWN OF LOS GATOS AMENDING ARTICLE III OF CHAPTER 23
REGULATING ENCROACHMENTS IN PUBLIC RIGHT-OF-WAYS AND PUBLIC WAYS,
which was introduced at the Town Council meeting of January 18, 1994. Further reading was waived
at that time. Carried unanimously.
VERBAL COMMUNICATIONS
Downtown Parking:
William Meyer, 15 Oak Hill Way, submitted a report on downtown parking to Council and asked that
the Town proceed with an additional parking garage, suggesting alternative funding methods for
construction.
Political Candidate:
Charles Moore, 4845 Felter Rd., Milpitas, representing Transit Advocates Group, requested time to
present himself as a candidate for County Supervisor, District I.
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HEARINGS
LOS GATOS-SARATOGA RD/SARATOGA AVE NAME CHANGE/RESOLUTION 1994-20 (19.01)
Mayor Attaway stated that this was the time and place duly noted for public hearing to consider
adopting resolution changing the name of Saratoga Ave to Los Gatos-Saratoga Road.
The following people from the audience spoke to this issue:
Gerome Katowski, business on Saratoga Ave., in favor of name change.
John Hernandez, no address, in favor of name clarification of Highway #9.
Eric Warner, 14897 Los Gatos-Almaden Rd and 320 Saratoga Ave., finds the name change an
expensive burden in changing stationary and other business forms.
Joe Hargett, 95 Church St., finds that the designation of east Los Gatos is very confusing such as the
address of East Main St. He feels that his business is part of the downtown and not part of some
geographic eastern location. He's in favor of abolishing the East Los Gatos exit on the freeway.
Elizabeth Smith, Monte Sereno, representing the Cornerstone Shopping Center, asked Council to
consider ways of not segregating the Town geographically and to eliminate the east designation.
No one else from the audience addressed this issue.
Motion by Mrs. Benjamin, seconded by Mr. O'Laughlin, that Council close this public hearing.
Carried unanimously.
Motion by Mr. Blanton, seconded by Mr. O'Laughlin, that Council adopt Resolution 1994-20
entitled, RESOLUTION OF THE TOWN OF LOS GATOS CHANGING THE NAME OF
SARATOGA AVENUE TO LOS GATOS-SARATOGA ROAD. Carried unanimously.
ANNEXATION/NORTHEAST #20/HEARING/RESOLUTION 1994-21 (20.04)
Mayor Attaway stated that this was the time and place duly noted for public hearing to consider
protests and consider adopting resolution ordering the annexation of uninhabited territory to the Town
of Los Gatos known as Northeast #20.
No one from the audience addressed this issue.
Motion by Mr. O'Laughlin, seconded by Mrs. Benjamin, that Council close this public hearing.
Carried unanimously.
Motion by Mrs. Lubeck, seconded by Mr. O'Laughlin, that Council adopt Resolution 1994-21
entitled, RESOLUTION OF THE TOWN OF LOS GATOS ORDERING THE ANNEXATION
OF CERTAIN UNINHABITED TERRITORY DESIGNATED AS NORTHEAST #20 TO THE
TOWN OF LOS GATOS, which makes the finding that the value of protests filed and not withdrawn
are less than 50 percent of the assessed value of land within the affected territory and orders the
change of organization. Carried unanimously.
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HEARINGS CONTINUED
BROADWAY 71/ADDITION TO RESIDENCE/S-93-33/APPEAL/HEARING (21.09)
Mayor Attaway stated that this was the time and place duly noted for public hearing to consider appeal
of Planning Commission decision to deny application to add a second story and exceed the allowable
floor area ration on property in the R-1D-LHP zone. Architecture and Site Application S-93-33.
Property located at 71 Broadway. Property Owner, Gary Ehlert. Applicant, E. Gary Schloh.
The following people from the audience spoke to this issue:
Gary Ehlert, 71 Broadway, spoke for his project explaining the neighborhood compatibility, and his
work with the neighbors and Town's requirements during design of his project.
Catherine Ehlert, 71 Broadway, explained the process that was taken in presenting their project to
the Town for approval, and feel that they have followed the rules.
Gary Schloh, 213 Bean Ave., architect of project, explained the technicalities of the project and how
it relates to the lot and the streetscape.
Mike Wasserman, 68 Broadway, lives across the street from the project, and was in favor of the plans
and asked Council to consider approval.
Peter Carter, 45 Broadway, spoke in favor of the project.
Gary Ehlert, submitted petitions from residents and neighbors along with his presentation for the
record.
No one else from the audience addressed this issue.
Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council close this public hearing. Carried
unanimously.
Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council determine that the Planning
Commission erred by not considering: the diversity of architecture and use on this street; that the
design theme, sense of scale, exterior materials and details of the project are consistent with the
Downtown Specific Plan, Residential Development Standards, and Historic Zone; that this particular
application was in harmony and compatibility with the surrounding homes on Broadway; that the
height of the house did not impact, obstruct the view, nor cause hardship on the neighbor; that the
majority of the neighborhood believe this to be a good project; that the streetscape is harmonious and
compatible to the surrounding neighborhood; that the plan does not add bedrooms but extends the
kitchen for a dinning area which will not intensify the use; that this modest addition is not obtrusive;
that FAR is a guideline not a rule; that FAR should be addressed on a case by case basis; that FAR
causes penalty to affordable housing; that there is a secondary unit to be preserved for affordable
housing; that the square footage of the secondary unit should not have been counted in the FAR; that
the competing social issues of the secondary unit in a developed neighborhood were unaddressed;
that FAR could be exceeded in this particular application because of the unique topography of the lot;
that the historic footage of the residence may allow exceeding the FAR; and therefore Council makes
a decision to moderate the FAR in this case and grant the application which adds to affordable housing
and blends compatibly with the neighborhood. Carried by a vote of 4 ayes. Mr. Attaway voted no,
stating that the FAR guidelines should be adhered to and that this application had exceeded the
formula.
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HEARINGS CONTINUED
BROADWAY CONT:
Mr. O'Laughlin requested that Council and Planning Commission review the issues of FAR, including
cellars or basements (and the distinction between both) and secondary units in the formula, during
their upcoming joint meeting and for a report to come back to Council with possible revisions.
BID/DOWNTOWN LOS GATOS BUSINESS IMPROVEMENT DISTRICT/BID (22a.43)
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 unanimously.
Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, that Council introduce Draft Ordinance
entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING ORDINANCES 1876
AND 1933 GOVERNING THE DOWNTOWN LOS GATOS BUSINESS IMPROVEMENT
DISTRICT. Carried unanimously.
BUSINESS LICENCE TAX CREDIT/TOWN CODE AMENDMENT/BID (22b.43)
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 unanimously.
Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, that Council introduce Draft Ordinance
entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING TOWN CODE
SECTION 14.20.120 REGARDING THE BUSINESS LICENSE TAX CREDIT FOR
BUSINESSES WITHIN A PARKING & BUSINESS IMPROVEMENT AREA. Carried
unanimously.
ROBERTS ROAD (WEST)/TRAFFIC DIVERSION (23.38)
Motion by Mrs. Benjamin, seconded by Mr. O'Laughlin, that Council direct staff to install stop signs
and stop bars at both approaches to the Roberts Road bridge, and restripe the Roberts Road bridge to
accommodate pedestrians and bicyclists. The elimination of the stop signs on University Avenue at
Roberts Road will return to Council for consideration in six months. Carried unanimously.
PARK COMMISSION/DEVELOPMENT OF NEW PARKS/FUNDING MECHANISMS (24.25)
Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, that Council direct the Park Commission to
assess the need for additional parks and recreation facilities and report back to Council with its
findings. Carried unanimously.
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ANIMAL CONTROL SERVICES/RESOLUTION 1994-22/ (25.47)
Mayor Attaway stated that this was the time and place duly noted to consider animal control services
to the town.
Motion by Mrs. Lubeck, seconded by Mr. O'Laughlin, that Council adopt Resolution 1994-22
entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN
MANAGER TO SIGN AGREEMENTS WITH CENTRAL ANIMAL HOSPITAL TO
PROVIDE ANIMAL CONTROL SERVICES TO THE FIVE WEST VALLEY CITIES UPON
EXECUTION OF AGREEMENT WITH FIVE WEST VALLEY CITIES. Carried by a vote of
four ayes. Mrs. Benjamin voted no stating that she feels that this regulation will be unenforceable
because cats are a difficult animal to control. Some owners will license but most will not, and she
feels Town should concentrate on dead animal pick up. Mr. Knapp, Town Manager, stated that a
rabies shot will be given with the license and may provide an incentive to comply.
The Town Clerk read the Title of the Draft Ordinance.
Motion by Mrs. Lubeck, seconded by Mr. O'Laughlin, that Council waive the reading of the Draft
Ordinance. Carried by a vote of four ayes. Mrs. Benjamin voted no.
Motion by Mrs. Lubeck, seconded by Mr. O'Laughlin, that Council introduce Draft Ordinance
entitled, ORDINANCE OF THE TOWN OF LOS GATOS REPEALING CHAPTER 4-
ANIMALS AND FOWL AND ENACTING A NEW CHAPTER 4-ANIMALS. Carried by a vote
of four ayes. Mrs. Benjamin voted no.
Mayor Attaway instructed the Town Clerk to Notice Public Hearing amending fee schedule related to
Animal Control Services for February 22, 1994.
Motion by Mrs. Lubeck, seconded by Mr. O'Laughlin, that Council authorize reducing Vehicle
Maintenance Expense for all General Fund Programs by 7 1/2% and increase budget for Contract
Service by $8,050.00 in account #6010-61004. Carried by a vote of four ayes. Mrs. Benjamin voted
no.
OAK MEADOW PK/RESTROOM RENOVATION/9323 PROJECT/RESOLUTION 1994-23 (26.35)
Motion by Mrs. Lubeck, seconded by Mrs. Benjamin, that Council adopt Resolution 1994-23
entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH D. J. CONSTRUCTION FOR PROJECT 9323 -
OAK MEADOW PARK REST ROOM RENOVATION. Carried unanimously.
SIGNAL INSTALLATION/NATIONAL AVE/9324 PROJECT/RESOLUTION 1994-24 (27.35)
Motion by Mrs. Lubeck, seconded by Mr. O'Laughlin, that Council adopt Resolution 1994-23
entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH PACIFIC ELECTRIC COMPANY FOR
PROJECT 9324 - LOS GATOS ALMADEN ROAD AND NATIONAL AVENUE TRAFFIC
SIGNAL INSTALLATION. Carried unanimously.
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STORM DRAIN/BLOSSOM HILL/9326 PROJECT/RESOLUTION 1994-25 (28.35)
Motion by Mrs. Lubeck, seconded by Mr. O'Laughlin, that Council adopt Resolution 1994-25
entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH CIMARRON CONSTRUCTION FOR PROJECT
9326 - BLOSSOM HILL STORM DRAIN. Carried unanimously.
LOS GATOS CREEK TRAIL/9328 PROJECT/RESOLUTION 1994-26 (29.35)
Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, that Council adopt Resolution 1994-26
entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN
MANAGER TO EXECUTE AN AGREEMENT WITH CIVIL ENGINEERING ASSOCIATES
FOR ENGINEERING AND DESIGN SERVICES FOR PROJECT 9328 - LOS GATOS CREEK
TRAIL. Carried unanimously.
SCHOOL PARCEL TAX/COUNCIL ENDORSEMENT/RESOLUTION 1994-27 (30.43)
Motion by Mrs. Benjamin, seconded by Mr. O'Laughlin, that Council adopt Resolution 1994-27
entitled, RESOLUTION OF THE TOWN OF LOS GATOS ENDORSING SCHOOL PARCEL
TAX BALLOT ISSUE. Carried unanimously.
Steve Glickman, 145 Maricopa Drive, Los Gatos School Board, spoke in support of the School
Parcel Tax.
FLOOD HAZARD MAPS/FEMA MAPS/FLOOD INSURANCE (10.37)
Motion by Mrs. Lubeck, seconded by Mrs. Benjamin, that Council request an amendment to the
FEMA maps and transfer $8,106 from the Reserve for Economic Uncertainty Account 100-36510 to
Account 3150-61004. Carried unanimously.
Council commented that it would save on Town resources to have the Town pay for this map change,
rather than to assess and collect from the property owners.
POLICE OFFICERS/HIRING (11.09)
Council consensus was to have staff return this item to Council in two weeks with the following issues
addressed: projections for next year's budget; cuts within the departments; savings within the Police
Department's current year budget if officers or the CSO interns are not hired; sources of revenue and
expenditures; justification of not being in the normal budget cycle. Comment that Council is very
supportive of the Police Department but is looking at the total budget for the Town.
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GAZEBO/CUPOLA/LYNDON CARRIAGE HOUSE/TOWN PLAZA (14.24)
The following people from the audience addressed this issue:
Bill York, 203 Palmer Drive, Chair of the Park Commission introduced Ardith Sams.
Ardith Sams, 522 Newville Drive, spoke of the Park Commission and the Los Gatos Community
Foundation's work related to the gazebo project.
Jack Christensen, architect for project, addressed the size of the gazebo in relation to the plaza. The
present fountain is about the size of the proposed gazebo.
Arlie Middlebrook, asked for Council's acceptance of report so that the committee could go forward
to request the grant.
Barbra Toren, 159339 Blossom, asked that Council go forward with the grant for the gazebo with the
understanding that it could be modified latter and possibly placed at Oak Meadow.
Leonard Pacheco, 50 Hernandez Ave., requested that the design pass through the Historic
Committee, as it would be an historical element in the downtown.
No one else addressed Council on this issue.
Motion by Mrs. Lubeck, seconded by Mr. O'Laughlin, that Council accept report for filing. Carried
unanimously.
COMMITTEE REPORTS (31.10)
Mrs. Lubeck will be attending meetings concerning celebrations for the opening of Route 85. Four
proposals for races or walks are on the agenda. Council consensus is that Sunday would be the best
day for a race or walk and that each community would be in charge of its own celebrations.
ADJOURNMENT
Motion by Mr. Blanton, seconded by Mrs. Benjamin, that this evening's meeting be adjourned at
10:55 p.m. Carried unanimously.
ATTEST:
Marian V. Cosgrove
Town Clerk
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