M 04-15-96 JTTOWN OF LOS GATOS
CALIFORNIA
JOINT TOWN COUNCIL/REDEVELOPMENT AGENCY
April 15, 1996
Minutes
TOWN COUNCIL/REDEVELOPMENT AGENCY
The Town Council/Redevelopment Agency of the Town of Los Gatos met in the Council Chambers of
the Town Hall, 110 East Main Street, at 7:47 p.m., Monday, April 15, 1996, in regular session.
ROLL CALL
Present:Steven Blanton, Linda Lubeck, Patrick O'Laughlin,
and Mayor/Chairman Randy Attaway.
Absent:Joanne Benjamin.
PLEDGE OF ALLEGIANCE
Given by all in attendance.
CLOSED SESSION
Mayor Attaway announced that there had been no closed session meeting prior to this evening's
meeting.
HOUSING & COMMUNITY PROGRAM/APPOINTMENT/DIANE WERP (XX.20)
Mayor Attaway announced that one application from Diane Werp had been received for one vacancy
on the Housing & Community Program Citizens Advisory Committee. Voting was held and Mrs.
Werp was appointed to serve on this county committee.
LIBRARY BOARD/APPOINTMENT/DALE HILL (XXX.20)
Mayor Attaway announced that two applications from Peter Hendrickson and Dale Hill had been
received for one vacancy on the Library Board. Voting was held and Mrs. Hill was appointed to serve
for term expiring July 1, 1998.
NEWSRACK COMMITTEE/APPOINTMENTS (ZZ.20)
Mayor Attaway announced that three applications from Tom Lilledahl, Erik Jacoby and Gary Rader
had been received for one vacancy on the Newsrack Committee. Voting was held and due to a tie
vote, this item will be continued to May 6, 1996 when a full Council will be present.
PARKING COMMISSION/APPOINTMENTS (00.20)
Mayor Attaway announced that three applications had been received from Kathleen Gallo, Michael
McCambridge, and Alfred Melzig for one vacancy on the Parking Commission. Voting was held and
due to a tie vote this item will be continued to May 6, 1996 when a full Council will be present.
RENT ADVISORY COMMITTEE/APPOINTMENTS/ERRICO/MEDDOWS (000.20)
Mayor Attaway announced that two applications had been received from William Errico and Lisa
Meddows for two vacancies on the Rent Advisory Committee. Voting was held and Ms Meddows and
Mr. Errico were reappointed for terms expiring March 1, 1999.
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TREE CITY U.S.A. AWARD (ZZZ.42)
David Wachtel, State of California, Department of Forestry & Fire Protection, presented the 16th
Annual Tree City U.S.A. Award to the Town of Los Gatos from the Department of Forestry and the
National Arbor Day Foundation. Mayor Attaway accepted the award in behalf of the Town.
VOLUNTEERS IN POLICING/DISASTER AID RESPONSE TEAM/RESERVE POLICE
OFFICERS
Mayor Attaway announced that the Volunteers in Policing, the Disaster Aid Response Team and the
Reserve Police Officers Association had Presentations to make to Police Chief Larry Todd, and to the
Mayor. Announcements were made concerning the Police Recognition Dinner to be held May 17,
1996 and the Police Rummage Sale to be held April 27, 1996.
DARE PROGRAM/PRESENTATION (YYY.09)
Mayor Attaway introduced Emerson Shaw who had personally donated children's learning books to
the Dare to say No to Drugs Program. His donation was gratefully accepted. Police Chief Larry Todd
thanked all the volunteers in policing for their ongoing contributions to this community. He also
noted the upcoming Haunted Forest Halloween Event which was such a success last year, and
reminded every one of the Explorer Scouts car wash to be held in conjunction with the rummage sale
next weekend.
CENTRAL FIRE PROTECTION DISTRICT/DONATION TO TOWN
Mayor Attaway introduced Chief Doug Sporleder, who made a donation to the Town from the Central
Fire District of a utility vehicle for use by the DART Team. The Mayor thanked Mr. Sporleder for this
contribution.
PARK COMMISSION/COMMENDATIONS/EMMA VARGO/PAMELA MCKELL (YY.20)
Mayor Attaway presented commendations from the Town to Emma Vargo and Pamela McKell for
their years of service on the Park Commission. Ms Vargo had served for 16 years and Ms McKell for
8 years, and the Mayor thanked them on behalf of the Town for their dedicated service to the
community. Both ladies expressed their thanks for the opportunity to serve their community while
being on this commission.
SCHEDULE OF PUBLIC HEARINGS (01.01)
Informational report regarding currently scheduled public hearings was received and filed.
PAYROLL RATIFICATION/MARCH 1996 (02.V)
Motion by Mrs. Lubeck, seconded by Mr. O'Laughlin, that Council ratify the check register for the
payroll of February 25 through March 9, 1996 paid on March 15, 1996, and payroll of March 10
through March 23, 1996 paid on March 29, 1996, in the amount of $582,363.00. Carried by a vote of
4 ayes. Mrs. Benjamin was absent.
ACCOUNTS PAYABLE/RATIFICATION/MARCH-APRIL 1996 (03.V)
Motion by Mrs. Lubeck, seconded by Mr. O'Laughlin, that Council ratify the accompanying check
registers for accounts payable invoices paid on March 29 and April 5, 1996 in the amount of
$326,091.00. Carried by a vote of 4 ayes. Mrs. Benjamin was absent.
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MINUTES OF APRIL 1, 1996 (04.V)
Motion by Mrs. Lubeck, seconded by Mr. O'Laughlin, that Council approve the Minutes of April 1,
1996 as submitted. Carried by a vote of 4 ayes. Mrs. Benjamin was absent.
TREASURER'S REPORT/JANUARY 1996 (05.V)
Motion by Mrs. Lubeck,t seconded by Mr. O'Laughlin, that Council accept Treasurer's Report as of
January 31, 1996. Carried by a vote of 4 ayes. Mrs. Benjamin was absent.
STORM WATER MANAGEMENT/NONPOINT SOURCE/1996-97 BUDGET (06.37)
Motion by Mrs. Lubeck, seconded by Mr. O'Laughlin, that Council approve the 1996-97 Storm
Water Management Program (Nonpoint Source) Budget. Carried by a vote of 4 ayes. Mrs. Benjamin
was absent.
HOUSING PROGRAMS/COMMUNITY SERVICES (07.19)
Motion by Mrs. Lubeck, seconded by Mr. O'Laughlin, that Council accept the report on the status of
the Town Housing Programs. Carried by a vote of 4 ayes. Mrs. Benjamin was absent.
ART SELECTION PANEL/ARTS COMMISSION (08.20)
Motion by Mrs. Lubeck, seconded by Mr. O'Laughlin, that Council accept the Arts Commission's
recommendation to appoint Brian Carleton, Marian Clayden, Dr. Fawn Powers, Leon Kaplan and
Leonard Pacheco to the Art Selection Panel. Carried by a vote of 4 ayes. Mrs. Benjamin was absent.
CLAIM REJECTION/ALAN SIMS (09A.01)
Motion by Mrs. Lubeck, seconded by Mr. O'Laughlin, that Council deny claim of Alan Sims for
alleged property damage occurring on December 12, 1995. Carried by a vote of 4 ayes. Mrs.
Benjamin was absent.
CLAIM REJECTION/ALAN & PERRI GOLDBERG (09B.01)
Motion by Mrs. Lubeck, seconded by Mr. O'Laughlin, that Council deny claim of Alan and Perri
Goldberg for indemnity for lawsuit brought by Kim Niederman. Carried by a vote of 4 ayes. Mrs.
Benjamin was absent.
DONATIONS TO THE TOWN/ACCEPTED (10.09)
Motion by Mrs. Lubeck, seconded by Mr. O'Laughlin, that Council accept pick-up truck donated by
Central Fire District; crime prevention and DARE materials donated by police volunteer
organizations; crime preventions literature donated by Emerson Shaw. Carried by a vote of 4 ayes.
Mrs. Benjamin was absent.
DONOR PROGRAM/PARK BENCH/TRESEDER FAMILY DONATION (11.28)
Motion by Mrs. Lubeck, seconded by Mr. O'Laughlin, that Council accept donor program proposal
for public facilities and accept the Treseder Family donation of bench to be placed in the Civic Center
Plaza. Carried by a vote of 4 ayes. Mrs. Benjamin was absent.
COUNCIL AGENDA/APRIL 22, 1996 (12.10)
Motion by Mrs. Lubeck, seconded by Mr. O'Laughlin, Council accept April 22, 1996 Council
Meeting Agenda as presented in desk item. Carried by 4 ayes. Mrs. Benjamin was absent.
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HAUNTED FOREST/CRIME PREVENTION EVENT/HALLOWEEN/RESOLUTION 1996-40
(13.23)
Motion by Mrs. Lubeck, seconded by Mr. O'Laughlin, that Council accept report on Haunted Forest
Crime Prevention Event and adopt Resolution 1996-40 entitled RESOLUTION OF THE TOWN OF
LOS GATOS APPROVING EXTENSION OF THE RENTAL AGREEMENT WITH THE
CHRYSLER REALTY CORPORATION. Carried by a vote of 4 ayes. Mrs. Benjamin was absent.
COMPLETION NOTICE/LOS GATOS-ALMADEN ROAD 16035-16055/RESO 1996-41 (15.09)
Motion by Mrs. Lubeck, seconded by Mr. O'Laughlin, that Council adopt Resolution 1996-41
entitled, RESOLUTION OF THE TOWN OF LOS GATOS ACCEPTING WORK OF
RAMIRIZ LOUIS, DEVELOPER, (J & R HOMES) TRACT 8615 (16035 & 16055 LOS
GATOS ALMADEN ROAD) AND AUTHORIZING THE TOWN MANAGER TO EXECUTE
CERTIFICATE OF ACCEPTANCE AND NOTICE OF COMPLETION FOR RECORDING
BY TOWN CLERK. Carried by a vote of 4 ayes. Mrs. Benjamin was absent.
COMPLETION NOTICE/LOS GATOS ESTATES/TRACT 8612/RESOLUTION 1996-42 (16.09)
Motion by Mrs. Lubeck, seconded by Mr. O'Laughlin, that Council adopt Resolution 1996-42
entitled, RESOLUTION OF THE TOWN OF LOS GATOS ACCEPTING WORK OF
WILLIAM HIRSCHMAN, DEVELOPER, TRACT 8612 - (LOS GATOS ESTATES, INC.) AND
AUTHORIZING THE TOWN MANAGER TO EXECUTE CERTIFICATE OF ACCEPTANCE
AND NOTICE OF COMPLETION FOR RECORDING BY TOWN CLERK. Carried by a vote
of 4 ayes. Mrs. Benjamin was absent.
KENNEDY MEADOWS BENEFIT ZONE/TRACT 8612/RESOLUTION 1996-43
LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT #1 (17.43)
Motion by Mrs. Lubeck, seconded by Mr. O'Laughlin, that Council adopt Resolution 1996-43
entitled, RESOLUTION OF THE TOWN OF LOS GATOS OF ITS INTENTION TO ANNEX
TRACT 8612 TO LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT #1 AND
DESIGNATE IT AS KENNEDY MEADOWS BENEFIT ZONE. Carried by a vote of 4 ayes.
Mrs. Benjamin was absent.
ROBERTS ROAD 17050/RESIDENTIAL DEVELOPMENT/RESOLUTION 1996-44 (18A.09)
Motion by Mrs. Lubeck, seconded by Mr. O'Laughlin, that Council adopt Resolution 1996-44
entitled, RESOLUTION OF THE TOWN OF LOS GATOS GRANTING AN APPEAL OF A
PLANNING COMMISSION DECISION TO DENY A REQUEST FOR APPROVAL OF A
PLANNED DEVELOPMENT APPLICATION TO CHANGE AN EXISTING ZONE ON 1.3
ACRES OF PROPERTY FROM R-1:8000 (SINGLE FAMILY RESIDENTIAL) TO R-M:5-
12:PD (MULTIPLE FAMILY RESIDENTIAL, 5-12 DWELLING UNITS PER NET ACRE,
PLANNED DEVELOPMENT), TO DEMOLISH AN EXISTING SINGLE FAMILY
RESIDENCE, AND TO CONSTRUCT NEW SINGLE FAMILY RESIDENCES AS SPECIFIED
IN THE ACCOMPANYING PLANNED DEVELOPMENT ORDINANCE. NEGATIVE
DECLARATION APPLICATION ND-94-5. ZONE CHANGE APPLICATION Z-94-3. Carried
by a vote of 4 ayes. Mrs. Benjamin was absent.
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ROBERTS ROAD 17050/RESIDENTIAL DEVELOPMENT/ORDINANCE 2014 (18B.09)
Motion by Mrs. Lubeck, seconded by Mr. O'Laughlin, that Council adopt Ordinance 2014 entitled,
ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE TOWN CODE
EFFECTING A ZONE CHANGE FROM R-1:8000 TO RM:5-12-PD FOR PROPERTY AT
17050 ROBERTS ROAD. Carried by a vote of 4 ayes. Mrs. Benjamin was absent.
LOS GATOS CREEK TRAIL BRIDGE/LARK AVE/9517 PROJECT (14.35)
Motion by Mrs. Lubeck, seconded by Mr. O'Laughlin, that Council continue this item to May 6,
1996. Carried by a vote of 4 ayes. Mrs. Benjamin was absent.
REDEVELOPMENT AGENCY PORTION OF MEETING
ACCOUNTS PAYABLE/RATIFICATION/MARCH 1996 (01.V)
Motion by Mrs. Lubeck, seconded by Mr. O'Laughlin, that Council ratify the accompanying check
register in the amount of $40.70 for accounts payable invoice paid on March 26, 1996. Carried by a
vote of 4 ayes. Mrs. Benjamin was absent.
PAYROLL RATIFICATION/MARCH 1996 (02.V)
Motion by Mrs. Lubeck, seconded by Mr. O'Laughlin, that the Agency ratify the check register in the
amount of $4,972.51 for the payroll of February 25 through March 9, 1996, paid on March 15, 1996
and payroll of March 10 through March 23, 1996 paid on March 29, 1996. Carried by a vote of 4
ayes. Mrs. Benjamin was absent.
AGENCY MINUTES OF APRIL 1, 1996 (03.V)
Motion by Mrs. Lubeck, seconded by Mr. O'Laughlin, that the Agency Minutes of April 1, 1996, be
approved as submitted. Carried by a vote of 4 ayes. Mrs. Benjamin was absent.
JOINT TOWN COUNCIL/REDEVELOPMENT AGENCY PUBLIC HEARING
STREETSCAPE/DOWNTOWN CENTRAL BUSINESS DISTRICT/MAIN ST TO
N SANTA CRUZ AND LOS GATOS-SARATOGA ROAD INTERSECTION (19.49)
Mayor/Chairman Attaway stated that this was the time and place duly noted for public hearing for
Agency to consider adopting resolution approving the Central Business District Streetscape and
Improvement Guidelines and consider adopting resolution authorizing Paul Rodrigues to proceed with
Part B of contract for planning and design services (plans, specifications and estimates for planters
and seating areas) and for Council to consider resolution approving the Central Business District
Streetscape and Improvement Guidelines.
The following people from the audience spoke to this issue:
Paul Rodriguez, Landscape Architect, 100 Locust St., Santa Cruz, presented the streetscape
conceptualization and explained the fluidity of the design, how it can be approached incrementally
and assessed while being incorporated into the present composition of the downtown, taking into
account the impacts on traffic, parking and the residential neighborhoods.
Bill York, 203 Palmer Drive, prefers the wood planter boxes rather than the brick proposal. He noted
the need to repair the infrastructure before doing the surface beautification.
Harold Smith, 60 Roberts Road, requested comfort stations in the downtown plan.
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STREETSCAPE PUBLIC HEARING CONT:
Speakers continued:
Dennis Varni, 130 North Santa Cruz Ave., requested the closure of Grays Lane in the Streetscape
Plan with the addition of park benches and lighting in that area making it a pedestrian plaza. Mr.
Varni offered to purchase the property and put in the improvements for the benefit of the Town.
Rick Melzig, 340 Bella Vista Ave., is opposed to more barriers to the North-South traffic flow.
Opposed the stop signs on University and the narrowing of S. Santa Cruz at the Town Plaza. He also
noted the need to commit to a maintenance plan to assure the upkeep of any newly implemented
beautification elements.
Warren Bisbee, 18400 Overlook Road, representing the Lions Club, spoke of the club's pledge of
continued support for the downtown beautification projects. He mentioned the club's present project
of bringing electricity to the plaza so as to supply a light source to the park trees.
Terri Hope, 212 Bella Vista Ave., is opposed to losing the parking space in front of her establishment.
Each space has a monetary value to her business and she is not willing to forego that space for a
pedestrian way.
Sue Farwell, 121 Laurel Ave., is not in favor of the design of the planter box on the intersection of
University and Main. She favors keeping all possible parking spaces and not hindering the flow of
traffic with objects protruding into the street. She feels that pedestrians are more at risk with foliage
obstructing the driver's view and noted that the trees tended to cover the architectural styles of the
buildings downtown and would like to see smaller trees.
Shirley Henderson, 98 West Main, spoke to the need of widening the University Main corner (which
is very narrow) so that the buses would be able to make the turn without bumping into the pedestrians
waiting on the corner to cross the street.
John Lochner, 150 Creffield Heights, encouraged the Council to continue its work toward enhancing
the downtown and requested additional drinking fountain locations. He also asked that Village Lane
be included in the downtown plan.
Peri Frantz, 16345 Englewood, would like the Streetscape Plan to include Old Town and that block
of University and to be particularly sensitive to the Old Town Theater.
Megan Davidson, 228 Carlester Drive, strongly favors the establishment of a cultural center in Los
Gatos and feels that the streetscape effort ignores a more basic need in our community for the
recognition of the arts. She asks that the Old Town Theater be a central focus and socializing element
in the development of the downtown center of our community.
Thelma Spaziani, 204 Willow Hill, addressed the accessibility on the streets for the handicapped.
She requested that level and even cuts be made that won't take the average citizen by surprise.
Deborah Gabris, 381 Johnson Ave., asked if parking would be eliminated with the median addition
on S. Santa Cruz. She also asked that the right hand turn be kept on Santa Cruz. It eliminates a great
deal of the traffic backup at the red lights.
Maggie Creighton, P.O.Box 1030, L.G., lives on Massol, spoke of the new trash receptacles and
asked if they could be maintained on a more regular schedule. She would like to see a 50% increase
in pick up service.
Gary Schloh, 213 Bean Ave., asked for additional upkeep and care for the downtown planters.
Bill Frantz, 16345 Englewood, enquired about the lighting and water fountains.
Frank Jones, 112 Belhaven Drive, asked that this streescape plan be viewed as a living plan and that
it be reviewed on an ongoing basis. He would like to see the plan be kept at the Library so the public
can conveniently access and view its progress. He also asked that parking accessibility be a prime
element in the streetscape plan.
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STREETSCAPE PUBLIC HEARING CONT:
Speakers continued:
Chris Benson, 208 Bachman, spoke of the need for maintenance downtown such as clean sidewalks,
trash removal, planter box upkeep and shrubbery renewal.
No one else from the audience addressed this issue.
Motion by Mr. O'Laughlin, seconded by Mrs. Lubeck, to close the public hearing. Carried by a
vote of 4 ayes. Mrs. Benjamin was absent.
Council Consensus:
1)Use brick for the benches as it is easier to maintain and repair.
2)Grays Lane closure can be considered in the future but for now Council will stick to the
current plan.
3)Comfort stations should be considered as part of the parking structures, may be feasible in the
Town Plaza, and staff should investigate the costs.
4)Parking in front of the Coffee Roasting Company may be considered at a later date but for now
the plan will remain as is.
5)Additional drinking fountains will be added.
6)Village Lane should at least incorporate the lighting features of the plan.
7)Old Town will be required to use the landscaping and lighting plan of the streetscape design,
keeping in mind the different needs in the different locations.
8)A cultural center is not a part of the present scheme.
9)The right hand turn removals should be deleted from the plans.
10)A rail on the planter boxes may be used.
11)Parking and traffic patterns to be addressed as part of this plan
12)Maintenance of all elements of the plan is essential. A method for sufficient ongoing
maintenance must be considered.
Linda Lubeck comments:
Consider the probability of a four way stop at Bachman.
Consider the buses stopping in the traffic lane for the short time they would have to stop.
Lee Bowman comments:
Consider a stop sign at Main and College.
Noted that the Loyd Turner Plan included a one way couplet with University and Santa Cruz Ave.
DOWNTOWN STREETSCAPE AND IMPROVEMENTS/RESOLUTION 1996-3RD (19A.49)
Motion by Mr. O'Laughlin, seconded by Mrs. Lubeck, that the Agency adopt Resolution 1996-3RD
entitled, RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE TOWN OF LOS
GATOS APPROVING THE CENTRAL BUSINESS DISTRICT STREETSCAPE AND
IMPROVEMENT GUIDELINES. Carried by a vote of 4 ayes. Mrs. Benjamin was absent.
DOWNTOWN STREETSCAPE/RODRIGUES DESIGN SERVICES/RESO 1996-4RD (19B.49)
Motion by Mrs. Lubeck, seconded by Mr. O'Laughlin, that the Agency adopt Resolution 1996-4RD
entitled, RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE TOWN OF LOS
GATOS AUTHORIZING PAUL RODRIGUES TO PROCEED WITH PART B OF
CONTRACT FOR PLANNING AND DESIGN SERVICES (PLAN, SPECIFICATIONS &
ESTIMATES FOR PLANTERS AND SEATING AREAS). Carried by a vote of 4 ayes. Mrs.
Benjamin was absent.
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STREETSCAPE PUBLIC HEARING CONT:
DOWNTOWN STREETSCAPE AND IMPROVEMENTS/RESOLUTION 1996-45 (19A.49TC)
Motion by Mr. O'Laughlin, seconded by Mrs. Lubeck, that Council adopt Resolution 1996-45
entitled, RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
APPROVING THE CENTRAL BUSINESS DISTRICT STREETSCAPE AND
IMPROVEMENT GUIDELINES. Carried by a vote of 4 ayes. Mrs. Benjamin was absent.
REDEVELOPMENT AGENCY ADJOURNMENT
Motion by Mrs. Lubeck, seconded by Mr. O'Laughlin, that the Agency adjourn this evening's
meeting at 10:25 P.M. Carried by a vote of 4 ayes. Mrs. Benjamin was absent.
STRATEGIC PLAN OF THE TOWN OF LOS GATOS 1996-2001/HEARING (20.10)
No one from the audience addressed this issue.
Motion by Mrs. Lubeck, seconded by Mr. O'Laughlin, to close the public hearing. Carried by a vote
of 4 ayes. Mrs. Benjamin was absent.
Motion by Mrs. Lubeck, seconded by Mr. O'Laughlin, that Council adopt the Strategic Plan for July
1, 1996 to June 30, 2001 with the following amendments: Page 6 under Social and Economic Health,
the 6th item to read, "Attempt to provide essential services dropped by State and County"; Page 7
under Environment, the 4th line to read, "Encourage donations of Public Art"; Page 7 under
Infrastructure, the 3rd and 4th items to become one and read, "Develop funding for building one more
downtown parking facility"; Page 8 under Facilities, to read, "Build new library if funding source
materializes"; Page 9 under Social and Economic Health, the 11th line to read, "Keep pressure on for
Vasona light rail if funding materializes; Page 11 under Facilities, item 8 clarified to read, "Improve
the Council Chamber's graphics display areas". Carried by a vote of 4 ayes. Mrs. Benjamin was
absent.
SANTA ROSA HEIGHTS BENEFIT ZONE/LANDSCAPING & LIGHTING DISTRICT #1
ORDINANCE 2015/RESOLUTION 1996-46/SECOND PUBLIC HEARING (21.14)
Mayor Attaway stated that this was the time and place duly noted for public hearing to consider
creation and annexation of Santa Rosa Heights Benefit Zone into Landscaping & Lighting District #1.
No one from the audience addressed this issue.
Motion by Mr. Blanton, seconded by Mrs. Lubeck, to close the public hearing. Carried by a vote of
4 ayes. Mrs. Benjamin was absent.
Motion by Mrs. Lubeck, seconded by Mr. O'Laughlin, that Council adopt Ordinance 2015 entitled,
ORDINANCE OF THE TOWN OF LOS GATOS DISSOLVING TOWN OF LOS GATOS
OPEN SPACE MAINTENANCE DISTRICT #2 ON CONDITION THAT A LANDSCAPING &
LIGHTING DISTRICT BENEFIT ZONE BE ESTABLISHED AND THAT CERTAIN USES
BE MADE WITH THE FUNDS REMAINING IN THE OPEN SPACE MAINTENANCE
DISTRICT #2 ACCOUNT, which was introduced at the Town Council meeting of February 20,
1996. Carried by a vote of 4 ayes. Mrs. Benjamin was absent.
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SANTA ROSA HEIGHTS HEARING CONT.
Motion by Mrs. Lubeck, seconded by Mr. O'Laughlin, that Council adopt Resolution 1996-46
entitled, RESOLUTION OF THE TOWN OF LOS GATOS ANNEXING SANTA ROSA
HEIGHTS OPEN SPACE AREA INTO LANDSCAPING & LIGHTING DISTRICT #1,
DESIGNATING IT SANTA ROSA HEIGHTS BENEFIT ZONE, AND ESTABLISHING
CAPITAL RESERVE AND CREDIT FUND FOR PREEXISTING FUNDS IN OPEN SPACE
MAINTENANCE DISTRICT #2, and adopting fiscal year 1996-1997 assessment. Carried by a
vote of 4 ayes. Mrs. Benjamin was absent.
BACHMAN AVE 208/C.B. HANNEGAN'S/OUTDOOR FIREPLACE/REQUEST/HEARING (22.09)
Mayor Attaway stated that this was the time and place duly noted to consider request for a
modification to an existing Conditional Use Permit to allow an outdoor freestanding fireplace and a
revised plan for a retractable awning on property in the C-2 LHP Zone. Conditional Use Permit
Application U-95-6. Property located at 208 Bachman Avenue. Property Owner: Bert Millen.
Applicant: Hannegan's Restaurant. Appellants: Chris Benson and John Hannegan.
The following person addressed Council:
Chris Benson, 208 Bachman, co-owner of C.B. Hannegan's, explained the project and its
modifications.
Leslie Dill, 220 Wilder, called Mr. O'Laughlin, and asked that the glass panels remain as a noise
buffer and would like to see plants growing along the wall and beams.
No one else from the audience addressed this issue.
Motion by Mr. Blanton, seconded by Mr. O'Laughlin, to close the public hearing. Carried by a vote
of 4 ayes. Mrs. Benjamin was absent.
Consensus of Council:
1)Fireplace. The fireplace will not be used for any purpose except as a decorative feature, which
would be lighted by gas, and never be used for cooking or heating purposes. The chimney has been
lowered to meet requirements of Central Fire Protection District.
2)Exiting requirements. Central Fire Protection District has determined that only one exit from
the outdoor dining area is required so long as the outside dining area contains 37 seats or less. The
existing exiting door from the patio to the dining area meets the exit requirement.
3)Service Bar. The applicant has agreed to use the service bar as a waiter station for employees
which is acceptable to the DRC. This will not become a secondary bar.
4)Historic building. There is nothing historical remaining to this building. Therefore the awning
will not jeopardize the architectural integrity of structure.
5)Noise issues. The glass panels are presently dimming the noise from the patio. The
positioning of the awning and glass may alter during hot summer nights and the noise issue will have
to be addressed again. In six to nine months this issue will revisit Council and a review of noise
complaints and mitigation methods will be addressed.
6)Metal support beams. It was suggested to paint the beams dark green and during the review in
six to nine months, the esthetics of the metal beams may be reviewed on a complaint basis. Other
options for mitigating their impact can be discussed if the neighborhood has found them offensive.
Mayor Attaway was strongly in favor of covering the beams with a wood finish.
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HANNEGAN'S PATIO COVER CONT.
Motion by Mr. O'Laughlin, seconded by Mrs. Lubeck, that Council approve the modification to the
Conditional Use Permit as constructed (the fireplace, retractable awning with addition of the front
awning detail, and the glass panels) with the following actions:
1.The following findings as required by Section 29.20.300 of the Town Code for reversing the
Planning Commission's decision denying the application:
a. There was new information submitted to the Council during the appeal which was not
readily or reasonably available for submission to the Commission. This was identified during
the numerous meetings before the DRC in an attempt to resolve the following issues:
specifically, the fireplace; the exiting requirements; and the service bar.
b. This is an issue and policy over which the Commission did not have the discretion to
modify or address, but which is vested in the Council for modification or decision. It is the
Council's prerogative to determine if this is an intensification of use or not. Council decided it
is not, and the exterior alteration is of a minor nature.
2.The following findings as required by Section 29.20.190 of the Town Code for granting a
Conditional Use Permit:
a. The proposed uses of the property are essential or desired for public convenience or
welfare, as Hannegan's is something of an institution in the Town of Los Gatos and it is
desireable for that business to continue to exist at that location.
b. The proposed uses will not impair the integrity or character of the zone as the business has
been in existence for a long time and the competitive market warrants an upgrading of the
facility.
c. The proposed use will not be detrimental to the public health, safety or general welfare.
d. The proposed use is in harmony with the objectives and elements of the General Plan for
purposes of this chapter.
3.The following findings as required by Section IV.B.2 of the Redevelopment Plan for the
Central Los Gatos Redevelopment Project that it meets the use set forth in the Town's General Plan.
a. To insure consistency with the Town's General Plan the use must fit within the Central
Business District, which states that the designation in the Town's center is intended to
encourage the continued development of a strong core of community oriented commercial
goods and services, which is the nature of this business.
4.To approve the Conditional Use Permit U-95-6 subject to conditions in Attachment 5 of the
staff report, which includes eight conditions new or modified (1,3,10 through 14 & 20) and are noted
with an asterisk in front of the number, adding a further condition that Council has a report from the
Planning Director as to complaints or comments on the conditional use to come back to Council in six
months, October 21, 1996.
5.Referred to the Town Attorney for the appropriate resolution.
6.Item #12 in the conditions to be modified to allow artistic etchings.
Carried by a vote of 4 ayes. Mrs. Benjamin was absent. Mayor Attaway reiterated his position of
having the metal beams covered with wood.
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April 15, 1996
Los Gatos, California
LOS GATOS BLVD 16268/COMMERCIAL USE OF BUILDING/APPEAL (23.09)
Mayor Attaway stated that this was the time and place duly noted for public hearing to consider appeal
of Planning commission's decision to approve the request to add a sunroom, gazebo and
retail/restaurant use on property in the C-1 Zone located at 16268 Los Gatos Boulevard. Conditional
Use Permit Application U-94-7. Architecture and Site Application S-76-57A. Property Owners:
Chen and Winnie Ng.
The following people from the audience spoke to this issue:
Marlon Smith, 125 Lansberry Court, spoke of the encumbrances the proposed project will place upon
on the parking easement he currently has access to.
Chen Ng, 21599 Tyr Lane, San Jose, asked that his proposal be approved with the gazebo and
landscaping. He stated he conformed to the requirements set by the Town.
Winnie Ng, owner, explained the planned uses and asked for Council's consideration.
No one else from the audience addressed this issue.
Motion by Mrs. Lubeck, seconded by Mr. Blanton, to close the public hearing. Carried by a vote of
4 ayes. Mrs. Benjamin was absent.
Motion by Mr. Attaway, to grant the appeal and to approve the application in part subject to the
condition of limited hours of operation from 6 A.M. to 10 P.M. and allowing the gazebo only as an
architectural element with no use of retail or display. Motion died for lack of second.
Motion by Mrs. Lubeck, seconded by Mr. O'Laughlin, to grant the appeal, and deny the application.
Carried by a vote of 3 ayes. Mayor Attaway voted no because he felt that the Council's message was
unclear to the applicants at the previous hearing. Mrs. Benjamin absent.
Council Findings included error and abuse regarding the restaurant use which this Council is not in
favor of; new information regarding the Los Gatos Boulevard Plan; the items delineated to applicant
for further evaluation were not addressed: a) hours of operation; b)easement rights resolved; c)
specific usage defined; and policy discretion is up to Council prerogative.
PAST MIDNIGHT
Motion by Mrs. Lubeck, seconded by Mr. O'Laughlin, that Council continue the meeting past
midnight. Carried by a vote of 4 ayes. Mrs. Benjamin was absent.
AFFORDABLE HOUSING POOL/REHABILITATION LOAN PROGRAM/TRANSFER (24.19)
Motion by Mr. O'Laughlin, seconded by Mrs. Lubeck, that Council authorize transfer of Community
Development Block Grant Funds from the Rehabilitation Loan Program to the Affordable Housing
Pool. Carried by a vote of 4 ayes. Mrs. Benjamin was absent.
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April 15, 1996
Los Gatos, California
HOUSING CONSERVATION PROGRAM GUIDELINES/RESOLUTION 1996-47 (25.19)
Motion by Mrs. Lubeck, seconded by Mr. O'Laughlin, that Council adopt Resolution 1996- entitled,
RESOLUTION OF THE TOWN OF LOS GATOS APPROVING REVISED HOUSING
CONSERVATION PROGRAM GUIDELINES INCLUDING A NEW SAFETY GRANT
COMPONENT. Carried by a vote of 4 ayes. Mrs. Benjamin was absent.
ANNUAL SIDEWALK RECONSTRUCTION PROGRAM/9605 PROJECT (26.28)
Motion by Mr. O'Laughlin, seconded by Mr. Blanton, that Council continue this item to May 6,
1996. Carried by a vote of 4 ayes. Mrs. Benjamin was absent.
THIRD QUARTER BUDGET REPORT 1995-1996 (27.06)
Motion by Mr. O'Laughlin, seconded by Mr. Blanton, that Council continue this item to May 6,
1996. Carried by a vote of 4 ayes. Mrs. Benjamin was absent.
COUNCIL REPORTS
There were no Council reports to be given this evening.
ADJOURNMENT
Motion by Mr. Blanton, seconded by Mrs. Lubeck, that this evening's meeting be adjourned at 12:25
a.m. Carried by a vote of 4 ayes. Mrs. Benjamin was absent.
ATTEST:
Marian V. Cosgrove
Town Clerk/Secretary to the Redevelopment Agency
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