M 09-18-95 JTTOWN OF LOS GATOS
CALIFORNIA
JOINT TOWN COUNCIL/PARKING AUTHORITY
REDEVELOPMENT AGENCY
September 18, 1995
Minutes
TOWN COUNCIL/REDEVELOPMENT AGENCY
The Town Council/Parking Authority and Redevelopment Agency of the Town of Los Gatos met in
the Council Chambers of the Town Hall, 110 East Main Street, at 7:40 p.m., Monday, September 18,
1995, in a joint regular session.
ROLL CALL
Present:Randy Attaway, Joanne Benjamin, Steven Blanton,
Linda Lubeck and Mayor Patrick O'Laughlin.
Absent:None.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was given by all in attendance.
CLOSED SESSION
Larry Anderson, Town Attorney, announced that Council had met in Closed Session pursuant to
Government Code Section 54957, Council met to discuss a Personnel matter regarding the Annual
Performance Evaluation for the Town Attorney. This item will be continued to October 2, 1995.
ARTS COMMISSION/APPOINTMENTS (00.20)
Mayor O'Laughlin announced that the appointments for the Arts Commission would be continued to
October 2, 1995.
SCHEDULE OF PUBLIC HEARINGS (01.01)
Informational report regarding currently scheduled public hearings was received and filed.
PAYROLL RATIFICATION/AUGUST-SEPTEMBER 1995 (02.V)
Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council ratify the check register for the
payroll of August 13 through August 26, 1995 paid on September 1, 1995, and for payroll of August
27 through September 9, 1995 paid on September 15, 1995 in the gross amount of $555,176.92.
Carried unanimously.
ACCOUNTS PAYABLE/RATIFICATION/AUGUST 1995 (03.V)
Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council ratify the accompanying check
registers for accounts payable invoices paid on September 1, 8, and 15, 1995 in the amount of
$673,808.09. Carried unanimously.
MINUTES OF SEPTEMBER 5, 1995 (04A.V)
Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council approve the Minutes of the joint
Town Council and Redevelopment Agency regular meeting of September 5, 1995 as submitted.
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Carried unanimously.
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MINUTES OF SEPTEMBER 11, 1995 (04B.V)
Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council approve the Minutes of the Study
Session with the Parking Commission on September 11, 1995 as submitted. Carried unanimously.
TREASURER'S REPORT (05.V)
Informational report submitted by the Treasurer to the Council as of July 31, 1995, was received and
filed.
AMICUS BRIEF/HANSEN BROTHERS/NEVADA COUNTY (06.01)
Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council authorize amicus participation in
Hansen Brothers Enterprises vs. Board of Supervisors of Nevada County, et al, Supreme Court, at no
cost to the Town. Carried unanimously.
ENCROACHMENTS/PUBLIC RIGHT-OF-WAYS/ORDINANCE 2003 (07.46)
Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council adopt Ordinance 2003 entitled,
ORDINANCE OF THE TOWN OF LOS GATOS AMENDING CHAPTER 23 TO
CONSOLIDATE ENCROACHMENT PERMIT REQUIREMENTS FOR WORK AND
INSTALLATIONS IN THE PUBLIC RIGHT-OF-WAY AND PUBLIC PROPERTY, which was
introduced by Town Council September 5, 1995. Carried unanimously.
ANIMAL CONTROL SERVICES/SERVICE STATISTICS (08.44)
Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council accept report on field service
statistics for animal control services for filing. Carried unanimously.
TRAFFIC AUTHORITY/SANTA CLARA COUNTY/STRATEGIC PLAN (09.38)
Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council accept report about Santa Clara
County Traffic Authority 1995 Strategic Plan. Carried unanimously.
DATA PROCESSING SYSTEM FOR TOWN (10.28)
Informational report regarding Town's data processing system was received and filed.
FLEET MANAGEMENT SYSTEM/EQUIPMENT PURCHASE/RESOLUTION 1995-128 (11.28)
Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council adopt Resolution 1995-128
entitled, RESOLUTION OF THE TOWN OF LOS GATOS TO AUTHORIZE TOWN
MANAGER TO EXECUTE AGREEMENT WITH PROTOTYPE INCORPORATED FOR
PURCHASE OF A PC BASE FLEET MANAGEMENT INFORMATION SYSTEMS, including
information noted in the desk item. Carried unanimously.
9310 PROJECT/STORM DRAIN/NORTH SANTA CRUZ/RESOLUTION 1995-129 (12.37)
Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council adopt Resolution 1995-129
entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH CELTIC CONSTRUCTION FOR THE
CONSTRUCTION OF PROJECT 9310 NORTH SANTA CRUZ AVENUE STORM DRAIN
MAIN EXTENSION, as delineated in the staff report. Carried unanimously.
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UNIVERSITY AVE 104/PATIO COVER APPEAL/RESOLUTION 1995-130 (13.09)
Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council adopt Resolution 1995-130
entitled, RESOLUTION OF THE TOWN OF LOS GATOS GRANTING AN APPEAL OF A
PLANNING COMMISSION DECISION UPHOLDING A DECISION OF THE PLANNING
DIRECTOR THAT AN ARCHITECTURE AND SITE APPLICATION IS REQUIRED TO
RECONSTRUCT A PATIO COVER ON PROPERTY ZONED C-2 LHP, including the desk item
that noted that the Planning Director and the Planning Commission strictly applied the zoning code to
the situation as they are expected to do so. Carried unanimously.
9514 PROJECT/TREE PRUNING AND REMOVAL/RESOLUTION 1995-131 (14.28)
Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council adopt Resolution 1995-131
entitled, RESOLUTION OF THE TOWN OF LOS GATOS APPROVING PLANS AND
SPECIFICATIONS ON FILE IN THE TOWN CLERK'S OFFICE FOR PROJECT 9514 TREE
PRUNING AND REMOVAL. Carried unanimously.
HAZARDOUS MATERIALS ADVISORY COMMITTEE/RESOLUTION 1995-132 (15.07)
Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council adopt Resolution 1995-132
entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN
MANAGER TO EXECUTE THE FIRST AMENDMENT TO THE MEMORANDUM OF
UNDERSTANDING BETWEEN THE COUNTY OF SANTA CLARA AND THE TOWN OF
LOS GATOS CONCERNING SANTA CLARA COUNTY HAZARDOUS MATERIALS
ADVISORY COMMITTEE. Carried unanimously.
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM/RESOLUTION 1995-133 (16.19)
Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council adopt Resolution 1995-133
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 1995-96.
Carried unanimously.
LOMA ALTA 220/TREE REMOVAL/RESOLUTION 1995-134 (17.09)
Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council adopt Resolution 1995-134
entitled, RESOLUTION OF THE TOWN OF LOS GATOS DENYING APPEAL OF
PLANNING COMMISSION DECISION TO DENY AN APPEAL OF A DECISION OF THE
PLANNING DIRECTOR DENYING AN APPLICATION TO REMOVE ONE CEDAR TREE
ON PROPERTY IN THE R-1:8000 ZONE TREE REMOVAL PERMIT T-95-89. Carried
unanimously.
9511 PROJECT/REROOFING/CIVIC CENTER LIBRARY
VEHICLE MAINTENANCE BUILDING/PACIFIC WEATHERSHIELD (17A.28)
Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council approve fund transfers, increase in
contingency funds and approve change order authorizing Town manager to enter into an agreement
with Pacific Weathershield, Incorporated or sub-contractor Ciarra Construction, Inc. Carried
unanimously.
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REDEVELOPMENT AGENCY/JOINT MEETING WITH TOWN COUNCIL:
ACCOUNTS PAYABLE RATIFICATION/SEPTEMBER 1995 (R1.V)
Motion by Mrs. Benjamin, seconded by Mr. Blanton, that the Agency ratify the accompanying check
register in the amount of $22,657.19 for accounts payable invoices paid on September 1, and 8,1995.
Carried unanimously.
PAYROLL RATIFICATION/AUGUST & SEPTEMBER 1995 (R2.V)
Motion by Mrs. Benjamin, seconded by Mr. Blanton, that the Agency ratify the check registers in the
amount of $9,567.05 for payroll of August 13 through August 26, 1995 paid on September 1, 1995,
and for payroll of August 27 through September 9, 1995 paid on September 15, 1995. Carried
unanimously.
MINUTES OF SEPTEMBER 5, 1995 (R3.V)
Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council approve the Minutes of the joint
Town Council and Redevelopment Agency regular meeting of September 5, 1995 as submitted.
Carried unanimously.
VERBAL COMMUNICATIONS
Jo Bartlett, 166 Oak Hill Way, spoke on transit assist and the problems our elderly residents who use
this service are having with the service since the new provider has taken over. Staff will provide a
report for Council October 2nd.
TOWN COUNCIL PUBLIC HEARINGS:
HAZARDOUS WASTE FACILITIES/ORDINANCE/HEARING (18.07)
Mayor O'Laughlin stated that this was the time and place duly noted for public hearing to consider an
amendment to the Town Code to require consistency between Town land use decisions and the Santa
Clara County Hazardous Waste Management Plan (Zoning Ordinance amendment A-95-1). This
matter will not have a significant impact on the environment, and is, therefore, exempt from the
requirements of the California Environmental Quality Act. Applicant: Town of Los Gatos.
There was no one from the audience to address this issue.
Motion by Mrs. Benjamin, seconded by Mr. Attaway, to continue this item to October 16, 1995.
Carried unanimously.
BELLA VISTA AVE 371/PLANNED DEVELOPMENT/ORDINANCE INTRO/HEARING (19.09)
Mayor O'Laughlin stated that this was the time and place duly noted for public hearing to consider a
request for adoption of an official development plan to modify an existing planned development to
permit the construction of 30 market rate residential structures and 6 below market structures on
approximately 3.5 acres fronting on Alberto Way in the R-M:5-12-PD (Access from Alberto Way.) If
no significant environmental impacts are identified as a result of this project, a Negative Declaration
will be recommended and an environmental impact report will not be required. Negative Declaration
Application ND-94-6. Zone Change Application Z-94-4. Property located at 371 Bella Vista Avenue.
Property Owner: Ted Maggi. Applicant: Landmark Development Corporation.
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BELLA VISTA AVE HEARING CONTINUED
The following people from the audience spoke to this issue:
Rodger Griffin, representing Landmark Development Company, spoke in support of the project and
noted the mitigation measures incorporated in the plan.
Larry Guy, representing Landmark Development Company, supported the mitigation measures and
noted the cooperative steps taken to be compatible with the neighborhood.
Kelly Marchbank, 380 Bella Vista, spoke of traffic impacts.
Alice Griffin, 439 Alberto Way, #204A, noted parking problems.
Leo Cunningham, 400 Bella Vista Ave., spoke against project and pedestrian access.
Robert White, 439 Alberto Way, #109, addressed the additional traffic and safety issues.
Rick Melzig, 340 Bella Vista Ave., spoke of a public benefit and requested the undergrounding of
utility lines.
Marcia Jensen, 400 Bella Vista Ave., spoke of pick up and drop off points on Bella Vista and the
safety issues.
Evelyn Courtney, 439 Alberto Way, #207A, spoke of the speed of traffic on Alberto and opposed the
additional traffic.
Tim Coughlin, 320 Bella Vista, was in favor of the pedestrian access and appreciated the
improvement over what is in use now.
No one else from the audience addressed this issue.
Motion by Mr. Attaway, seconded by Mr. Blanton, to close the Public Hearing. Carried unanimously.
Motion by Mrs. Lubeck, seconded by Mr Blanton, that Council make the Negative Declaration with
the following findings: finding that the zone change is consistent with the General Plan, in relation to
density, and land use, (being one of the least dense planned developments in the area), and addresses
the housing element, and the need for housing, by supplying appropriate BMP units. The units will be
reduced from six to five with the requirement that at least one BMP unit be a 3 bedroom unit which
adds to the affordable housing; there is a finding of community benefit with the additional BMP units,
because of thet need of our community for moderately priced housing; findings as required by
Section 29.10.09030(e) of the Town Code for the demolition of a single-family residence, subject to
the performance standards identified as part of the Planned Development Ordinance whereby we do
not loose any housing stock in town; finding that the relocation of the easement is consistent with the
General Plan; and adopt the Mitigation Monitoring Plan which is Exhibit E of Attachment 8,
mitigating all the negative impacts as part of the Negative Declaration. Carried unanimously.
The Town Clerk read the Title of the Draft Ordinance.
Motion by Mr. Blanton, seconded by Mrs. Lubeck to waive the reading of the Draft Ordinance.
Carried unanimously.
Motion by Mrs. Lubeck, seconded by Mr. Blanton, that Council introduce Draft Ordinance entitled,
ORDINANCE OF THE TOWN OF LOS GATOS AMENDING ORDINANCE 1279 RELATING
TO THE DEVELOPMENT OF THE PROPERTY LOCATED AT 371 BELLA VISTA WAY,
changing item 26 on page 5 to read 34 units instead of 35; item 2 on page 1 to read five BMP units
instead of six, with at least one BMP unit with three bedrooms; specifically prohibiting parking on the
emergency access road in item 14 on page 3. Carried unanimously.
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JOINT TOWN COUNCIL AND AGENCY BUSINESS:
ADOPT A BENCH PROGRAM/DOWNTOWN BEAUTIFICATION
RESOLUTION 1995-135/RESOLUTION 1995-6RD (20.49)
The following people from the audience spoke to this issue:
Barbara Toren, Downtown Business Association, spoke of the problems with budgeting for the
bench program.
Rick Melzig, 340 Bella Vista Ave., spoke of the need for upkeep and maintenance in the budget
allocations.
Shirley Henderson, downtown merchant, addressed the need for clean sidewalks.
No one else from the audience addressed this issue.
Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, that Council adopt Resolution 1995-135
entitled, RESOLUTION OF THE TOWN OF LOS GATOS JOINTLY WITH THE
REDEVELOPMENT AGENCY ESTABLISHING THE ADOPT-A-BENCH PROGRAM,
extending the deadline for removing of private benches from Town right-of-way to March 1, 1996,
staff to be consulted on implementation of program and budget to be discussed October 16, 1995.
Carried unanimously.
Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, that the Agency adopt Resolution 1995-6RD
entitled, RESOLUTION OF THE REDEVELOPMENT AGENCY AND THE TOWN OF LOS
GATOS JOINTLY ESTABLISHING THE ADOPT-A-BENCH PROGRAM, extending the
deadline for removing of private benches from Town right-of-way to March 1, 1996, staff to be
consulted on implementation of program and budget to be discussed October 16, 1995. Carried
unanimously.
COUNCIL COMMITTEES (21.10)
There was no report from Council this evening.
ENDING FAMILY VIOLENCE/DOMESTIC VIOLENCE CONFERENCE (22.09)
Consensus of Council that Joanne Benjamin and representatives from the Police Department attend
this County conference.
ADJOURNMENT
Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council adjourn this evening's meeting at
9:58 p.m. Carried unanimously.
ATTEST:
Marian V. Cosgrove
Town Clerk
Secretary to the Redevelopment Agency
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