M 06-03-96TOWN OF LOS GATOS
CALIFORNIA
TOWN COUNCIL/PARKING AUTHORITY
June 3, 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 7:32 p.m., Monday, June 3, 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 54956.9(a), to discuss Pending Litigation
against the Town regarding Green Valley v. Town of Los Gatos, et al., Superior Court Case Number
CV751534. There was no report at this time.
Pursuant to Government Code Section 54956.9(a), to discuss Pending Litigation against the Town
regarding Guadalupe Rubbish Disposal Co. v. Town of Los Gatos, et al., Superior Court Case Number
CV752691. Council was advised of scheduled mediation next week, and gave instruction as to
Town's position in this matter.
SCHEDULE OF PUBLIC HEARINGS (01.01)
Informational report regarding currently scheduled public hearings was received and filed.
COUNTY REFERRALS (02.47)
Motion by Mrs. Lubeck, seconded by Mrs. Benjamin, that Council approve the recommended action
concerning County Referrals: Referral # 6303: Location 15100 Fawndale Road: Applicant
Goldberg: Request Building Site and Design Review: Recommendation Approval. Carried
unanimously.
PLANNING COMMISSION/PLANNING DEPARTMENT MONTHLY STATUS REPORT (03.47)
Informational report regarding activity of Planning Commission and Department was received and
filed.
COUNCIL CALENDAR OF MEETINGS (04.10)
Informational item presenting future Town Meetings for Council and other Town Boards and
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Commissions was received and filed.
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June 3, 1996
Los Gatos, California
PAYROLL RATIFICATION/MAY 1996 (05.V)
Motion by Mrs. Lubeck, seconded by Mrs. Benjamin, that Council ratify the check register for the
payroll of May 5 through May 18, 1996 paid on May 24, 1996 in the amount of $331,194.38. Carried
unanimously.
ACCOUNTS PAYABLE/RATIFICATION/MAY 1996 (06.V)
Motion by Mrs. Lubeck, seconded by Mrs. Benjamin, that Council ratify the accompanying check
registers for accounts payable invoices paid on May 17 and May 24, 1996 in the amount of
$358,699.93. Carried unanimously.
MINUTES OF MAY 13, 1996 (07A.V)
Motion by Mrs. Lubeck, seconded by Mrs. Benjamin, that Council approve the Minutes of May 13,
1996 as submitted. Carried unanimously.
MINUTES OF MAY 20, 1996 (07B.V)
Motion by Mrs. Lubeck, seconded by Mrs. Benjamin, that Council approve the Minutes of May 20,
1996 as submitted. Carried unanimously.
MINUTES OF MAY 29, 1996 (07C.V)
Motion by Mrs. Lubeck, seconded by Mrs. Benjamin, that Council approve the Minutes of May 29,
1996 as submitted. Carried unanimously.
AMICUS BRIEF/NUNEZ VS CITY OF SAN DIEGO (08.01)
Motion by Mrs. Lubeck, seconded by Mrs. Benjamin, that Council authorize the Town to participate
as an amicus in Nunez vs City of San Diego pending before the United States Ninth Circuit Court of
Appeals. Carried unanimously.
VASONA HEIGHTS BENEFIT ZONE/LANDSCAPE & LIGHTING DISTRICT #1 (09A.14)
Motion by Mrs. Lubeck, seconded by Mrs. Benjamin, that Council continue this item to June 17,
1996. Carried unanimously.
HEARINGS
FEES/RATES/CHARGES/TOWN SERVICES/RESOLUTION 1996-67/HEARING (10.05)
Mayor Attaway stated that this was the time and place duly noted for public hearing to consider
adopting resolution continuing certain departmental fees, rates and charges, and amending certain
fees, rates and charges.
No one from the audience addressed this issue.
Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council close the public hearing. Carried
unanimously.
Motion by Mrs. Benjamin, seconded by Mr. O'Laughlin, that Council adopt Resolution 1996-67
entitled,RESOLUTION OF THE TOWN OF LOS GATOS ADOPTING CERTAIN FEES,
RATES AND CHARGES, as delineated in the staff report and the accompanying desk item. Carried
unanimously.
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June 3, 1996
Los Gatos, California
BRUSH ABATEMENT/RESOLUTION 1996-68/HEARING (11.23)
Mayor Attaway stated that this was the time and place duly noted for public hearing to consider
adopting resolution overruling objections and ordering abatement of brush as a public nuisance.
No one from the audience addressed this issue.
Motion by Mrs. Lubeck, seconded by Mr. O'Laughlin, that Council close the public hearing.
Carried unanimously.
Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, that Council adopt Resolution 1996-68
entitled,RESOLUTION OF THE TOWN OF LOS GATOS OVERRULING OBJECTIONS AND
ORDERING ABATEMENT OF BRUSH AS A PUBLIC NUISANCE. Carried unanimously.
CAPITAL IMPROVEMENT PROGRAM/RESOLUTION 1996-69 (09.06)
Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, to make the following adjustments to the CIP
as presented in the staff report: Expenditures for improvements to Town owned properties on Villa
Avenue; Rental income from the Town owned properties on Villa Avenue. Carried by a vote of 4
ayes. Mr. Blanton voted no stating possible liability factors.
Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, that Council adopt Resolution 1996-69
entitled, RESOLUTION OF THE TOWN OF LOS GATOS APPROVING 1996-01 CAPITAL
IMPROVEMENT PROGRAM, including the plaza deck roof repair. Carried unanimously.
DOWNTOWN ASSOCIATION/LOS GATOS CATS FESTIVAL/SEPTEMBER 22, 1996 (13.20)
Mayor Attaway stated that this was the time and place duly noted to consider Downtown Association
request to close North Santa Cruz Avenue for one day (September 22, 1996) for the Los Gatos Cats
Festival.
The following people from the audience spoke to this issue:
Barbra Toren, Orange Blossom, spoke of the plans and organization already underway and asked for
Council's support. She noted the extra concern of the Downtown Association in regard to mitigation
of impacts to establishments who are open on Sundays, by considerate booth placement and in
monitoring waste pick up.
Ted Romero, 100 La Paz Ave., Campbell, owner of the House of Brass, noted the severity of impact
on his store due to the restriction of foot traffic and the smoke that entered his store due to cooking
right in front of his door. He also noted the need for better garbage pick up.
No one else from the audience addressed this issue.
Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council approve the concept of the closure
of North Santa Cruz Avenue for Los Gatos Cats Festival to be held September 22, 1996, with the
explicit recommendation that staff work out all conditions and proposals with the Downtown
Association prior to the event. Carried unanimously.
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June 3, 1996
Los Gatos, California
LOS GATOS BOULEVARD 15780/COMMERCIAL/OFFICE/APPEAL (20.09)
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 plans to convert an
existing single family residence to commercial/office use on property in the CH zone. Property
located at 15780 Los Gatos Boulevard. Architecture and Site Application S-95-46. Property Owner:
John Tripp. Appellant: John Tripp.
The following people from the audience spoke to this issue:
John Tripp, 15171 Karl Ave., stated that his building had not been used for a residence and asked that
his plans be considered for the commercial zoning on the property. Feels that this project would have
less impact on the neighborhood that building a new commercial building, that this project will
upgrade the area and keep the residential appearance.
Laura Nachison, 115 Ann Arbor Drive, supported the proposal for the residential conversion.
Jennifer Liscom, 16592 Camellia Terrace, opposed the conversion and adding a commercial parking
lot in a residential neighborhood where children play.
Daniel Maxfield, 16636 Farley Road, feels that parking and traffic are too great a problem for this
project and the impact to the residential neighborhood has not been considered.
No one else from the audience addressed this issue.
Motion by Mr. Blanton, seconded by Mr. O'Laughlin, to close the public hearing. Carried
unanimously.
Motion by Mrs. Lubeck, seconded by Mr. Attaway, that Council grant the appeal making the
following findings: The property is zoned commercial; The project maintains the residential
appearance of the property; An additional five cars can park on site and off the street; Landscaping
will improve the appearance of the corner; That residential amenities are not inherent at this location;
The conversion will satisfy all housing goals and policies as set forth in the general plan; Traffic will
not adversely effect the residential neighborhood. Motion failed with 2 ayes. Mrs. Benjamin, Mr.
Blanton and Mr. O'Laughlin voted no stating the project impacted the neighborhood and that there
was an option to build a new project with parking access from Los Gatos Boulevard.
Motion by Mrs. Benjamin, seconded by Mr. O'Laughlin, that Council uphold the Planning
Commission decision and deny Architectural & Site Application S-95-46. Carried by a vote of 3 ayes.
Mrs. Lubeck and Mayor Attaway voted no.
COUNCIL COMMITTEE REPORTS
There were no Council Committee reports this evening.
ADJOURNMENT
Motion by Mr. Blanton, seconded by Mrs. Benjamin, that this evening's meeting be adjourned at
8:53 p.m. Carried unanimously.
ATTEST:
Marian V. Cosgrove
Town Clerk
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