M 04-01-96TOWN OF LOS GATOS
CALIFORNIA
TOWN COUNCIL/PARKING AUTHORITY
April 1, 1996
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 1, 1996, in regular session.
ROLL CALL
Present:Joanne Benjamin, Steven Blanton, Linda Lubeck,
Patrick O'Laughlin and Mayor Randy Attaway.
Absent:None.
PLEDGE OF ALLEGIANCE
Given by all in attendance.
CLOSED SESSION
Larry Anderson, Town Attorney, reported that Council had met in Closed Session prior to this
evening's meeting pursuant to Government Code Section 54957.6 to Conference with Labor
Negotiator for the Town, Jim Piper, Assistant Town Manager and Personnel Officer regarding Town
Employees' Association (TEA). Items concerning the Meyers Milas Brown Act were discussed and
Council gave instructions to the negotiator concerning this matter.
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.
ACCOUNTS PAYABLE/RATIFICATION/MARCH 1996 (04.V)
Motion by Mr. Blanton, seconded by Mr. O'Laughlin, that Council ratify the accompanying check
registers for accounts payable invoices paid on March 15 and March 22, 1996 in the amount of
$375,799.32. Carried unanimously.
MINUTES OF MARCH 18, 1996 (05A.V)
Motion by Mr. Blanton, seconded by Mr. O'Laughlin, that Council approve the Minutes of March 18,
1996 as submitted. Carried unanimously.
MINUTES/JOINT COUNCIL-REDEVELOPMENT/MARCH 18, 1996 (05B.V)
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Motion by Mr. Blanton, seconded by Mr. O'Laughlin, that Council approve the Joint
Council/Redevelopment Minutes of March 18, 1996 as submitted. Carried unanimously.
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CLAIM REJECTION/GEORGE POPE (06.01)
Motion by Mr. Blanton, seconded by Mr. O'Laughlin, that Council deny claim of George Pope for
alleged personal injuries occurring on December 29, 1995. Carried unanimously.
MUSIC IN THE PLAZA (08.20)
Motion by Mr. Blanton, seconded by Mr. O'Laughlin, that Council approve Music in the Plaza
Guidelines, the Music in the Plaza Budget, and the solicitation of donations to cover project costs and
amend Community Services Department 1995-96 Budget. Carried unanimously.
AMICUS BRIEF/SOUZA V. CITY OF ANTIOCH (09.01)
Motion by Mr. Blanton, seconded by Mr. O'Laughlin, that Council authorize amicus participation in
Souza v. City of Antioch, Court of Appeal, at no cost to the Town. Carried unanimously.
BOARD OF APPEALS/TERMS OF OFFICE/RESOLUTION 1996-31 (11.20)
Motion by Mr. Blanton, seconded by Mr. O'Laughlin, that Council adopt Resolution 1996-31
entitled, RESOLUTION OF THE TOWN OF LOS GATOS AMENDING RESOLUTION 1991-
279 ESTABLISHING THE BOARD OF APPEALS TO CLARIFY THE TERM OF OFFICE.
Carried unanimously.
GENERAL PLAN COMMITTEE/MEMBERSHIP CLARIFICATION/RESOLUTION 1996-32
(12.20)
Motion by Mr. Blanton, seconded by Mr. O'Laughlin, that Council adopt Resolution 1996-32
entitled, RESOLUTION OF THE TOWN OF LOS GATOS AMENDING THE RESOLUTION
1994-15 REGARDING THE GENERAL PLAN COMMITTEE. Carried unanimously.
KENNEDY MEADOWS/BENEFIT ZONE/LANDSCAPE AND LIGHTING ASSESSMENT
ENGINEER'S REPORT/RESOLUTION 1996-33 (13.14)
Motion by Mr. Blanton, seconded by Mr. O'Laughlin, that Council adopt Resolution 1996-33
entitled, RESOLUTION OF THE TOWN OF LOS GATOS INITIATING PROCEEDINGS
FOR THE FORMATION OF KENNEDY MEADOWS BENEFIT ZONE TO LANDSCAPE
AND LIGHTING DISTRICT #1, DESIGNATING THE ENGINEER OF WORK AND
DIRECTING THE FILING OF AN ANNUAL REPORT. Carried unanimously.
TOURNEY ROAD #6/ANNEXATION/RESOLUTION 1996-34 (14.14)
Motion by Mr. Blanton, seconded by Mr. O'Laughlin, that Council adopt Resolution 1996-34
entitled, RESOLUTION OF THE TOWN OF LOS GATOS ORDERING THE ANNEXATION
OF CERTAIN UNINHABITED TERRITORY DESIGNATED AS TOURNEY ROAD #6 TO
THE TOWN OF LOS GATOS. Carried unanimously.
TREE PRUNING/DAVEY TREE/9514 PROJECT/RESOLUTION 1996-35 (15.35)
Motion by Mr. Blanton, seconded by Mr. O'Laughlin, that Council adopt Resolution 1996-35
entitled, RESOLUTION OF THE TOWN OF LOS GATOS ACCEPTING WORK OF DAVEY
TREE EXPERT COMPANY ON PROJECT 9514 - TREE PRUNING - AND AUTHORIZING
THE TOWN MANAGER TO EXECUTE CERTIFICATE OF ACCEPTANCE AND NOTICE
OF COMPLETION FOR RECORDING BY TOWN CLERK. Carried unanimously.
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COMMUNITY SERVICES COMMISSION/ENABLING RESOLUTION 1996-36 (17A.20)
Motion by Mr. Blanton, seconded by Mr. O'Laughlin, that Council adopt Resolution 1996-36
entitled, RESOLUTION OF THE TOWN OF LOS GATOS AMENDING THE COMMUNITY
SERVICES COMMISSION ENABLING RESOLUTION. Carried unanimously.
ARTS COMMISSION/ENABLING RESOLUTION 1996-37 (17B.20)
Motion by Mr. Blanton, seconded by Mr. O'Laughlin, that Council adopt Resolution 1996-37
entitled, RESOLUTION OF THE TOWN OF LOS GATOS REVISING THE TOWN OF LOS
GATOS ARTS COMMISSION ENABLING RESOLUTION 1988-214. Carried unanimously.
VERBAL COMMUNICATIONS
Measure "C" comments:
Carol Ann Weber, 189 Ivy Hill Way, read a letter she had submitted to the Los Gatos Weekly Times
asking for investigation of her interpretation of the Mayor's actions in regards to Measure "C" and her
position on the Trails Committee.
Egon Jensen, 182 Lester Lane, addressed citizen's rights to speak and be heard and to participate in
their government.
Frank Jones, 112 Bellhaven Drive, spoke of the Council ignoring the will of its constituents
regarding raising taxes.
Richard Weber, 189 Ivy Hill Way, spoke in support of his wife's position.
Nancy Lewellyn, 1680 Cypress Way, questioned the Mayor about the accusations expressed in Ms
Weber's letter.
No one else from the audience came forward to speak during verbal communication.
HEARINGS
ROBERTS ROAD 17050/RESIDENTIAL DEVELOPMENT/APPEAL (18.09)
Mayor Attaway stated that this was the time and place duly noted for public hearing to consider appeal
of a decision of the Planning Commission denying a request for approval of a Planned Development
application to change the 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 9 new single family
residences. 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. Property
located at 17050 Roberts Road. Zone Change Application Z-94-3. Negative Declaration Application
ND-94-5. Property Owners: Marjorie Neal, Frank Nickson and Janice Ramatici. Applicant: Santa
Clara Development Co. Appellant: Mark Robson, Santa Clara Development.
The following people from the audience spoke to this issue:
Mark Robson, 1978 The Alameda, San Jose, representing Santa Clara Development Co., explained
the design elements of the new plan which had been reviewed by the DRC.
No one else from the audience addressed this issue.
Motion by Mr. Blanton, seconded by Mrs. Benjamin, to close the public hearing. Carried
unanimously.
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HEARINGS CONTINUED
ROBERTS ROAD 17050 CONTINUED
Motion by Mrs. Lubeck, seconded by Mrs. Benjamin, that Council reverse the Planning
Commission's decision, finding that there was new information that was submitted to the Council
during the appeal process February 5, 1996 and that this information was not readily and reasonably
available for submission to the Planning Commission, and that the applicant has met all the
requirements in the new plan which was discussed at the February 5th meeting and that Council grant
the appeal. Carried by a vote of 4 ayes. Mr. O'Laughlin voted no for reasons stated in previous
record, stating that the site was inappropriate for this project.
Motion by Mrs. Lubeck, seconded by Mrs. Benjamin, that Council make the Negative Declaration;
find the zone change is consistent with the General Plan, specifically with the Land Use Element in
that the area is designated in the Land Use Element as Medium Density Housing; the designation
specifically addresses areas such as this where lower density, multiple residential and more traditional
single family can exist in harmony; it is consistent with the Housing Element helping to meet the
goals providing a wide range of housing as well as encouraging the housing for families with children
right near schools and parks; that there is a finding of community benefit as required by the Town's
Traffic Policy and In-Fill Project Policy that it fills a niche of housing for families near parks and
schools, and helps to maintain and repair a retaining wall that is necessary for providing safety for
pedestrian facilities on Blossom Hill Road; the traffic that will occur from this project will not
adversely affect the corner of Blossom Hill and Roberts Road or other streets in the immediate
vicinity; including the findings for demolition of a single family home that the demolition does not
effect the housing stock since it adds six more houses; and the Historic Preservation Commission
concurs that the demolition is not historically or architecturally significant. Carried by a vote of 4
ayes. Mr. O'Laughlin voted no for reasons stated in previous record.
The Town Clerk read the Title of the Draft Ordinance.
Motion by Mrs. Lubeck, seconded by Mrs. Benjamin, that Council waive the reading of the Draft
Ordinance. Carried by a vote of 4 ayes. Mr. O'Laughlin voted no for reasons stated in previous
record.
Motion by Mrs. Lubeck, seconded by Mrs. Benjamin, that Council introduce Draft Ordinance
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. Mr. O'Laughlin voted no for reasons stated
in previous record.
COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS/PUBLIC SERVICE AGENCIES
(19A.06)
The following people from the audience spoke to this issue:
Regina Falkner, Community Services Director, told of the establishment of CDBG funds in 1974
which carried three primary objectives: 1) Control of Blight; 2) Meet Urgent Need; 3) Address
Needs of Los and Moderate Income Households. The Town is reimbursed for all program related
expenses. The Town receives a $190,000 federal grant this year.
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HEARINGS CONTINUED
COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS/PUBLIC SERVICE AGENCIES
CONT:
Speakers continued:
Jack Neal, 126 College Ave., Vice Chair of Community Services Commission, spoke of the many
requests for funding and the decision of the Commission to award the funds to those agencies the
Town has previously supported and to make budget reductions equally among the recipients.
Donna DiMinico, Director of the Long Term Care Ombudsman Program of Catholic Charities, 2625
Zanker Road, San Jose. Thanked Council for its support and related facts concerning the services that
the agency had provided in Los Gatos this year.
Leta Friedlander, Director of Live Oak Adult Day Services, 19 High School Court, Los Gatos.
Spoke of the 277 residents that were served by this program last year, and thanked Council for the
continuing support.
Lisa Rauch, representing The Health Place, in the Neighborhood Center. She spoke of the visiting
nurse home visitation service in our community, and thanked Council for its continued support.
Jean Mathisen, representing Second Harvest Food Bank, Operation Brown Bag Program, 750
Curtner Ave., San Jose. Serves only the extremely low income people in our community who find
lack of appropriate food a severe health problem.
No one else from the audience addressed this issue.
Motion by Mr. O'Laughlin, seconded by Mrs. Benjamin, that Council approve the recommendation
by the Community Services Commission regarding the allocation of Community Block Grant Funds
to be allocated to Public Service Agencies. Carried unanimously.
COMMUNITY DEVELOPMENT BLOCK GRANTS/HOUSING/RESOLUTION 1996-38 (19B.06)
The following people from the audience spoke to this issue:
Jack Neal, 126 College Ave., Vice Chair of Community Services Commission, spoke of the
delegations of funds to the housing agencies.
Council comments:
Joanne Benjamin, asked why there were additional loans this year. Requested a housing stock survey
of all BMP units addressing the square footage and family size in the units; what other types and kind
of housing are needed; what size is in demand; what locations are preferable. What type of housing
loans are there; how many years are the loans for; are the people who acquired the loans still the
recipients of the benefits of the loan.
Regina Falkner, Community Services Director, explained how the program works; what kind of
applications are required; what the eligibility formula is; but stated that these loans were not tracked
as to the applicant's circumstances at this time.
Linda Lubeck, spoke of the funds that have been allocated over time and which are now being used
within this program. She wanted a more detailed analysis of each program; the funds within that
program; the funds available for new loans to be made; and the amount of loans in use and their
payoff dates so as to determine the moneys available over time for making new loans.
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COMMUNITY DEVELOPMENT BLOCK GRANTS/HOUSING/CONT:
Speakers continued:
Elizabeth Auton, representing Emergency Housing Consortium, San Jose, providing shelter and
transitional housing and permanent supportive housing. Served 14 Los Gatans last year.
No one else from the audience addressed this issue.
Motion by Mrs. Lubeck, seconded by Mrs. Benjamin, to close the public hearing. Carried
unanimously.
Motion by Mrs. Lubeck, seconded by Mr. O'Laughlin, that Council adopt Resolution 1996-38
entitled, RESOLUTION OF THE TOWN OF LOS GATOS ALLOCATING COMMUNITY
DEVELOPMENT BLOCK GRANT FUNDS TO THE TOWN OF LOS GATOS FOR FISCAL
YEAR 1996-97, according to the Community Service Commission's recommendations with the
ability of Council to adjust the amounts when they have reviewed additional information which has
been requested of staff. Carried unanimously.
AFFORDABLE HOUSING/HOUSING REHABILITATION PROGRAM/CDBG (07.19)
Motion by Mr. Blanton, seconded by Mrs. Benjamin, to continue this item to April 15, 1996.
Carried unanimously.
HOUSING CONSERVATION PROGRAM/SAFETY GRANT/RESOLUTION 1996-38 (16.19)
Motion by Mr. Blanton, seconded by Mrs. Benjamin, to continue this item to April 15, 1996.
Carried unanimously.
CONCEALED WEAPONS PERMITS/MANDATORY ISSUANCE/RESOLUTION 1996-39 (20.09)
Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council adopt Resolution 1996-39 entitled,
RESOLUTION OF THE TOWN OF LOS GATOS URGING THE CALIFORNIA STATE
SENATE, AND IN PARTICULAR THE SENATE CRIMINAL PROCEDURE COMMITTEE,
TO OPPOSE AB 638 (MANDATORY ISSUANCE OF CONCEALED WEAPONS PERMITS).
Carried unanimously.
OPEN SPACE MAINTENANCE/HOME OWNERS ASSOCIATIONS (10.14)
Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, that Council accept the report on homeowners
associations, open space maintenance, and future prospects. Carried unanimously.
COUNCIL COMMITTEE REPORTS (21.20)
Mrs. Benjamin reported on the Santa Clara County Cities Association and a report distributed by Pat
Dandow, of San Jose, which spoke of Towns and Cities contracting for services. She asked that a
copy be distributed to the other Council members.
ADJOURNMENT
Motion by Mr. Blanton, seconded by Mrs. Benjamin, that this evening's meeting be adjourned at
9:24 p.m. Carried unanimously.
ATTEST:Marian V. Cosgrove, Town
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Clerk
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