M 09-16-96TOWN OF LOS GATOS
CALIFORNIA
TOWN COUNCIL/PARKING AUTHORITY
September 16, 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, September 16, 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(b), a Pending Claim
Regarding Relocation Assistance for Mark Mander at 56 Villa Avenue. This item was
discussed and the Town Manager received instructions from Council on this matter.
Pursuant to Government Code Section 54957 concerning Personnel. This is in regards to
the Annual Performance Evaluation of the Town Manager and the Town Attorney which was
completed, and there is no further report at this time.
ARTS COMMISSION/APPOINTMENT/CHAR HUMMEL (00.20)
Mayor Attaway announced that three applications from Wemer Baracker, Char Hummel, and
Roco Proushani had been received for one vacancy on the Arts Commission. Voting was
held and Char Hummel was appointed to term ending July 1, 1998.
COMMUNITY SERVICES COMMISSION/APPOINTMENT (XXX.20)
Mayor Attaway announced that no applications had been received for one vacancy on the
Community Services Commission. This position will be readvertised.
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GENERAL PLAN COMMITTEE/APPOINTMENT/STEVE BOERSMA (000.20)
Mayor Attaway announced that one application from Steve Boersma had been received for
two vacancies on the General Plan Committee. Voting was held and Steve Boersma was
appointed to term ending September 1, 2000.
HISTORIC PRESERVATION COMMITTEE/APPOINTMENT/SUSAN BURNETT (XX.20)
Mayor Attaway announced that two applications from Susan Burnett and Dave Flick had
been received for one vacancy on the Historic Preservation Committee. Voting was held
and Susan Burnett was appointed to term ending August 1, 2000.
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PERSONNEL BOARD/APPOINTMENT (YY.20)
Mayor Attaway announced that no applications had been received for one vacancy on the
Personnel Board. This position will be readvertised.
TRAILS & BIKEWAYS COMMITTEE/APPOINTMENT (YYY.20)
Mayor Attaway announced that no applications had been received for one vacancy on the
Trails & Bikeways Committee. This position will be readvertised.
ISSUES TODAY/THE COMMUNITY TELEVISION FORUM/PRESENTATION TO
COUNCILMEMBER STEVEN BLANTON FROM FRANK JEWETT (ZZ.10)
Mayor Attaway introduced Frank Jewett, Executive Producer of "Issues Today" - the
Community Television Forum, who made the presentation to Councilmember Steven Blanton
for his work as an Ambassador of Los Gatos telling of the amenities of this town on the
public broadcast station.
SCHEDULE OF PUBLIC HEARINGS (01.01)
Informational report regarding currently scheduled public hearings was received and filed.
COUNTY REFERRALS (02.47)
Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council approve the recommended
action concerning County Referrals:
REFERRAL LOCATION APPLICANT REQUEST RECOMMENDATION
# 6263 14075 Americh Rd Pearson Variance Approval
# 5307 16148 Cypress Way Olson Design Review
Approval w/ 1 condition
# 6304 South side of Hong Kong Realty DEIR None at this time
Bear Creek Rd
at Highway 17 Carried unanimously.
PLANNING COMMISSION/PLANNING DEPARTMENT MONTHLY STATUS (03.47)
Informational report regarding activity of Planning Conu-nission 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
Commissions was received and filed.
PAYROLL RATIFICATION/AUGUST 1996 (05.V)
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Motion by Mrs. Benjamin, seconded by Mr. O'Laughlin, that Council ratify the check register
for the payroll of August 1 1 through August 24, 1996 paid on August 30, 1996 in the amount
of $292,221.42. Carried unanimously.
ACCOUNTS PAYABLE/RATIFICATION/AUGUST-SEPTEMBER 1996 (06.V)
Motion by Mrs. Benjamin, seconded by Mr. O'Laughlin, that Council ratify the accompanying
check registers for accounts payable invoices paid on August 23, August 30, and September
6, 1996 in the amount of $390,780.25. Carried unanimously.
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MINUTES OF SEPTEMBER 3,1996 (07.V)
Motion by Mrs. Benjamin, seconded by Mr. O'Laughlin, that Council approve the Minutes of
September 3, 1996 as submitted. Carried unanimously.
TREASURER'S REPORT (08.V)
Informational report submitted by the Treasurer to the Council as of June 30, 1996, was
received and filed.
TOWN CONFLICT OF INTEREST CODE (09.08)
Motion by Mrs. Benjamin, seconded by Mr. O'Laughlin, that Council approve report that
Town Conflict of Interest Code (Government Code 87306.5) is current. Carried
unanimously.
PUB CRAWL/REQUEST FOR SPECIAL PERMIT (11.23)
Motion by Mrs. Benjamin, seconded by Mr. O'Laughlin, that this item be dropped from the
agenda, as requested by Jennifer Orme who had requested the permit. Carried
unanimously.
PROJECT 9616/STREET RESURFACING CAPE SEAL/RESOLUTION 1996-114 (12B.35)
Motion by Mrs. Benjamin, seconded by Mr. O'Laughlin, that Council adopt Resolution 1996-
114 entitled, RESOLUTION OF THE TOWN OF LOS GATOS REJECTING BID RECEIVED
ON PROJECT 9616 STREET RESURFACING CAPE SEAL PROGRAM AND
AUTHORIZING READVERTISEMENT OF PROJECT FOR BID. Carried unanimously.
SOUTHBAY CABLEVISION/OVERCHARGE RESTITUTION/RESOLUTION 1996-115 (13.29)
Motion by Mrs. Benjamin, seconded by Mr. O'Laughlin, that Council adopt Resolution 1996-
115 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING AND
DIRECTING THE TOWN MANAGER TO EXECUTE DOCUMENTS NECESSARY FOR THE
TOWN TO RECEIVE FUNDS AS A RESULT OF THE STIPULATED FINAL JUDGEMENT
IN CASE CV753054 (PEOPLE VS. BRENMORE CABLE PARTNERS, L.P.); AND
AGREEING TO THE PERCENTAGE DISTRIBUTION FORMULA ESTABLISHED BY THE
SANTA CLARA COUNTY DISTRICT ATTORNEY'S OFFICE; AND FURTHER AGREEING
TO USE ALL SUCH RECEIPTS FOR ENHANCING PUBLIC, EDUCATIONAL, AND
GOVERNMENT CABLE-RELATED ACCESS AND USE. Carried unanimously.
J.W. LYNDON CUPOLA/RESTORATION/NEGOTIATE BID/RESOLUTION 1996-116 (15.44)
Motion by Mrs. Benjamin, seconded by Mr. O'Laughlin, that Council adopt Resolution 1996-
116 entitled, RESOLUTION OF THE TOWN OF LOS GATOS DETERMINING THAT THE
SERVICES TO RESTORE THE J.W. LYNDON CUPOLA ARE UNIOUE AND SPECIALIZED,
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AND DIRECT STAFF TO SEEK A NEGOTIATED BID FOR THE SERVICES. Carried
unanimously.
TREE PRUNING/PROJECT 9610/STORM DAMAGE CLEANUP/RESOLUTION 1996-117
(16.35)
Motion by Mrs. Benjamin, seconded by Mr. O'Laughlin, that Council adopt Resolution 1996-
117 entitled, RESOLUTION OF THE TOWN OF LOS GATOS APPROVING PLANS AND
SPECIFICATION ON FILE IN THE TOWN CLERK'S OFFICE FOR PROJECT 9610 TREE
PRUNING AND REMOVAL. Carried unanimously.
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OKA ROAD 14490-14494/COMPLETION NOTICE/RESOLUTION 1996-118 (17.09)
Motion by Mrs. Benjamin, seconded by Mr. O'Laughlin, that Council adopt Resolution 1996-
118 entitled, RESOLUTION OF THE TOWN OF LOS GATOS ACCEPTING WORK OF DALE
M. DRUMM, DEVELOPER, (DMD DEVELOPMENT) 14490 AND 14494 OKA ROAD
AND AUTHORIZING THE TOWN MANAGER TO EXECUTE CERTIFICATE OF
ACCEPTANCE AND NOTICE OF COMPLETION FOR RECORDING BY TOWN CLERK.
Carried unanimously.
TERRENO DE FLORES LANE 14960/MULTIPLE FAMILY/ORDINANCE 2019 (18.09)
Motion by Mrs. Benjamin, seconded by Mr. O'Laughlin, that Council adopt Ordinance 2019
entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONING MAP
#127 FROM R-1:8 TO RM:5-20 FOR THE PROPERTY LOCATED AT 14960 TERRENO DE
FLORES LANE. Carried unanimously.
MISDEMEANOR PROSECUTION IN CERTAIN INSTANCES/ORDINANCE 2020 (20.46)
Motion by Mrs. Benjamin, seconded by Mr. O'Laughlin, that Council adopt Ordinance 2020
entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING CHAPTERS 1 AND 2
OF THE TOWN CODE TO IMPROVE AND CLARIFY TOWN PROCEDURES AND ALLOW
MISDEMEANOR PROSECUTION IN CERTAIN INSTANCES. Carried unanimously.
HEARINGS
HICKS ROAD 17101/CHALLENGER SCHOOL/APPEAL DENIAL/HEARING (22.09)
Mayor Attaway stated that this was the time and place duly noted for public hearing to
consider appeal of a Planning Commission decision denying an Architecture and Site
Application and a Conditional Use Permit Application for the construction and operation of a
private elementary school on approximately 44.6 acres of property and a lot line adjustment
to make a minor adjustment to an existing property line between two adjacent properties
currently in the unincorporated area but prezoned HR-5. Project Application PRJ-96-35.
Negative Declaration Application ND-96-5. Property Location: 17101 Hicks Road. Property
Owner: Kring 1995 Ranch Unitrust. Applicant/Appellant: Dustin Baker (Challenger Schools).
The following people from the audience spoke to this issue:
John Lien, 196 College Ave., Architect for the proposal, made presentation concerning
ownership of property which is now Challenger School; hours of operation for the school end
at 3:30 p.m.; he showed the "invisibility" of the project from the road and neighboring
properties thereby not affecting the rural view of the area; he noted the potential for change
of the rural area with the construction of large homes on the property; noted that 91% of the
property would have no development; a submittal was noted for the record.
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Christopher Kinzel, 4637 Chabot Drive, Suite 214, Pleasanton, TJKM Transportation
Consultants, spoke of the traffic safety on Hicks Road and the below capacity traffic volumes
anticipated with the operation of this school and the church expansion. He submitted
information for the record.
Dr. Terry Mo, Professor of Political Sciences at Stanford University, spoke of the overriding
benefit to the community with the promotion of a quality private educational facility for this
area.
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HEARINGS CONTINUED
HICKS ROAD 17101/CHALLENGER SCHOOL/CONT.
Speakers continued:
Barbara Baker, 571 W. 9320 South Sandy, Utah, Founder of Challenger, spoke of the basic
philosophy of the Challenger Schools, the history of its founding and the desire to establish a
new facility in a location which has been carefully researched and reviewed for safety,
accessibility and benefits compatible to users and neighbors.
Dustin Baker, Vice President of Challenger Schools, 17 1 01 Hicks Road, spoke of the
extended day care offered by the schools which runs from 7 a.m. to 6 p.m.
Mike Ailouny, 17311 Hicks Road, neighbor to the property, spoke of his new home and the
impact the school would have on his property values; impact on the traffic flow; impact on the
emergency safety issues of fire, and earthquake. He submitted letters for the record.
Elizabeth Elam, 14915 Shannon Road, resident of the area for 50 years, spoke in favor of
the project and for good education. She felt it was a benefit and asset to the area.
Jill MacAfee, 1893 Orange Grove Drive, parent at Challenger, spoke of the exceptionally
safe traffic conditions associated with this school. She noted the care and concern in the
drop off and pick up procedures. She also specified the respect of the neighbors for the
school in their neighborhood.
Barry Miller, 101 Almond Court, supported a school on this site rather than additional
homes. He bikes this area three or four time a week and would rather see a school than a
cluster of huge homes.
Richard Newman, 14045 Shannon Road, a resident of 75 years in this location spoke in
100% support of a school on this site.
Lisa Vermont, 152 Belcrest Drive, spoke in favor of the proposal as a Los Gatos resident in
need of educational options for her children.
Herb Weinman, 14475 Shannon Road, spoke against the project stressing the fire hazard
and floods; and the location in the valley which will hold the noise of school activities and
reverberate it off the hillside walls.
Hazel Burke, 16767 Hicks Road (Burke Road), feels that the location chosen for the school
is in the wrong place; the school needs a good ingress and egress; it will cause traffic jams
in this location; the postman will not deliver on Hicks due to the safety issue of traffic.
Janet Beales, 2125 Oak Grove Road, Suite 120, Walnut Creek, representing the Reason
Foundation, spoke regarding the increase in property values due to the location of good
schools. Schools are a top priority in choosing a place to live.
Chan Desaigoudar, 490 Santa Rosa Drive, supports the new school and noted that rural
areas are in need of schools and mixed activities, not just new homes.
Karen Sepahmansour, 14090 Shannon Road, asked about the widening of Hicks Road
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which would be 28 feet on the frontage of this property. She was interested in the safety
issues and the tax services that the neighbors might have to pay.
Georgia Van Zanten, 256 University, supports the school; thinks it's a good use; does not
want to see that property divided up with residential lots; approves the widening of Hicks;
noted that the taxes on the school property would be paid by the school.
Ray Elam, 14915 Shannon Road, supports the school project on that site rather than many
residential units.
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HEARINGS CONTINUED
HICKS ROAD 17101/CHALLENGER SCHOOL/CONT.
Speakers continued:
Priscilla Albright, 14550 Shannon Road, objects to the school in that location due to winter
floodings; safety issue with children stranded periodically due to flooding; noted the traffic
safety issues, near misses and unreported accidents.
Joe Fuhrig, 8020 H Mountain View Drive, Pleasanton, spoke in favor of the school and how
the community and property values improve when a quality school is in the vicinity.
Lynn Kennedy, P.O. Box 2143, Los Gatos, spoke of the many problems plaguing the
residents of the area as they attempt to access Hicks Road from the feeder roads and
driveways.
Pamela Lin Young, 16747 Hicks Road, spoke of the traffic impacts on Hicks, and the safety
concerns trying to get in and out of her driveway.
Pam Ashford, 17103 Hicks Road, representing Rosebank Equestrian Center, spoke in
support of the school. A school automatically entails traffic speed signs, traffic patrol
officers, and speeding tickets in a school zone thus slowing down traffic. Rural flavor of the
environment and continued rustic use of the land is supported by a riding stable in this
location which has been there for twenty years and the owner hopes to be able to keep it
there for many more years.
Padro Bracho, 17501 Hicks Road, supports the school; supports the plans for road
improvements; supports the flooding and drainage mitigation plans; supports the traffic
controls that are planned.
Joan Laird, 16981 Cypress Way, supports the school and the traffic mitigation methods that
have been planned for and used at their present operating facilities. These procedures are
to be used at the new facility including additional means to help with the traffic situation in
the area.
Michael Burke, 16769 Hicks Road, spoke about the zoning issues and land use in this rural
area zoned H-R. The General Plan allows for 3 1/2 people per acre and the school use far
exceeds this making the proposal inconsistent to the General Plan.
David Friedman, 3806 Williams Road, Professor of Economics at Stanford and Santa Clara
addressed the issue of special interest politics and impact on a rural area.
Steve Trolan, 14677 Shannon Road, noted that the Challenger proposal was not consistent
with the General Plan and the Hillside Specific Plan as found by the Planning Commission.
Challenger is a regional school, not a neighborhood school or conu-nunity school but a
private business. He spoke of safety, traffic and congested use of Hicks Road, noting
pedestrians, equestrians and cyclists on this narrow rural road. He noted the General Plan
and Hillside Specific and requested Challenger look for another location for its school.
Asked that Council uphold Town zoning plans.
Les Workman, 105 Auzerais Court, spoke about change and new ideas and not following
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status quo. He supports the school and recommends approval of the plan. He lives within
5,000 feet of the proposal.
Nancy Workman, 105 Auzerais Court, fully supported her husbands statement.
Pamela Rollins-Nazemi, 15250 Blackberry Hill Road, spoke in support of the school
proposal and supported Joanne Laird's comments on the traffic mitigation methods offered
by this project and Mr. Miller's observance that a school would be far less of an impact to the
rural environment than huge homes on the lots.
Karen Sim, 15946 Carlton Avenue, speaking for her husband also, supported Challenger
School having failed to find suitable schools for her children.
Steve Laughton, 14690 Shannon Road, did not support school in this location.
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HEARINGS CONTINUED
HICKS ROAD 17101/CHALLENGER SCHOOL/CONT.
Speakers continued:
Lois Huang, 110 Del Carlo Court, spoke regarding land use issue; quality education for
children; quality facility with quality program neighboring residential properties; spoke of
architectural design being harmonious with its location; noted extensive landscaping making
a visually beautiful site; spoke of business taxes being paid and road improvements to the
area.
Richard Zimmerman, 16731 Hicks Road, his driveway is 100 yds down Hicks from the
traffic signal. He would like to see a different timing mechanism at the Camden-Hicks traffic
signal to afford traffic moving off Hicks faster. He is in favor of the Challenger School due to
the benefits it would give to the community. He feels the improvements and traffic mitigation
methods offered by the school would be a benefit to the area.
Bob Jih, 106 Madera Court, representing the Alta Vista Home Owners Association, opposes
the proposed project. He asked if the Town itself had a need for a new school. He asked if
the impact of the number of people using the facility was considered. He asked that the
future be considered regarding the possible users of the school facility in later years.
Beverly Weinman, 14475 Shannon Road, spoke of the small valley and the 2,500 trips a
day generated by this school. Traffic, pollution, noise and excessive use were mentioned.
The impact to wild life, the flooding and the power outages that occur in this area were
noted.
John Sittner, 1560 Tomahawk Drive, business representative for Challenger, noted the
difficulty in finding an appropriate site in Santa Clara County for a school location. Schools
are allowed in many zones so that there can be flexibility to balance all the different interest
in a neighborhood. He noted that the majority of traffic associated with the school will flow
from Camden and not impact the rural area in the opposite direction.
Maryam Saeidi, 1645 Ixias Court, as a direct neighbor to Hicks Road she supports the
school location.
George Chen, 500 Roxbury Lane, supported the project and noted the changing
environment and the fact that this area is no longer a rural farm community. He spoke of the
large 7,000 square foot homes, the fast race cars and four wheel drive utility trucks, and the
immediate location of freeways to this site. He noted that Northern California, Vermont and
other places with farms farmhouses were rural but no longer were Shannon and Hicks rural
in his estimation. The orchards and farms were gone and never coming back.
Hellen Pasterino, 17501 Hicks Road, a twelve year resident of Hicks, spoke of the
subdivisions that have gone in since she has lived there and the rural atmosphere has
certainly diminished. On three sides of the parcel for the proposal are 7,000 square foot
homes on two or three acres which are small parcels of land for such large homes. Her
choice for what would go in that area would not be more houses for they take away from the
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rural area due to the smaller lots. She does not want to see a golf course, but if she could
chose she would like to see a school on that property. Knows that the zoning will change as
the encroachment of more homes occurs.
Fred Hashtpari, 271 Old Adobe Road, supported the school. He noted that this area is no
longer noted for its orchards and dried fruit because of the many subdivisions and
development of homes, he stated that the area is now noted for silicon chips and technology.
He feels the school would be a good addition in this area.
Rick Neely, 259 Prince Street, spoke in favor of the proposal. He noted that plans are
evolutionary and that a school can be one of the highest community benefit uses to cause
alteration of a town plan.
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HEARINGS CONTINUED
HICKS ROAD 17101/CHALLENGER SCHOOL/CONT.
Speakers continued:
John Lien, 196 College, Applicant, made his closing statements. Noted that 99.9% of the
generated traffic will travel out to Camden Avenue arterial and not impact Shannon Road.
There are no plans for future expansion; it would be counter productive for the school to be
any larger than it is; and the school will accept a condition that states that no further
expansion of the school use will ever take place on this property. Town staff did determined
that this project can be approved at this location and would be in compliance with all Town
codes and ordinances. He noted that this proposal presented a use that would benefit many
segments of society for years to come.
No one else from the audience addressed this issue.
Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council close the public hearing.
Carried unanimously.
Motion by Mr. Blanton, that the Planning Commission erred by not giving enough weight
to the community benefit of a school in that location as compared to the other uses which
that property will be used for; that the Commission did not have the latitude in terms of the
conditional use process in providing for a school at that location. He was willing to make the
findings if there was a second to his motion. Motion died for lack of a second.
Motion by Mr. O'Laughlin, seconded by Mrs. Lubeck, that Council uphold the Planning
Commission decision and deny the appeal. (Council Comments: Mr. O'Laughlin noted this
was a land use issue only, and the Challenger School facility proposed for this location
caused a significant impact to the area, with the large enrollment of students. Mrs. Lubeck
walked the area and feels that the rural environment that exists there should be protected for
as long as possible. Mrs. Benjamin did not think that was the appropriate location for a
school and noted that there were other locations in Los Gatos that might serve the purpose
more appropriately. Mr. Attaway agreed that this is the wrong location for that proposal, and
recalled that the DRC had addressed these concerns earlier.) Carried by a vote of 4 ayes.
Mr. Blanton voted no.
COUNCIL RECESS
Mayor Attaway called a ten minute recess at 10:10 p.m. The meeting resumed at 10:20 p.m.
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LOS GATOS-SARATOGA ROAD 275/SNACK SHOPS IN SERVICE BAYS/APPEAL (22.09)
CHEVRON STATION/ALCOHOL SALES
Mayor Attaway stated that this was the time and place duly noted for public hearing to
consider appeal of a Planning Commission decision to deny a minor architecture and site
application for the exterior remodel of an existing automobile station and expansion of
existing snack shop into a service bay on property in the C-2 Zone; Property located at 275
Los Gatos-Saratoga Road. Appellant: Chevron, U.S.A. Property Owner: Chevron, U.S.A.
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LOS GATOS-SARATOGA ROAD 275/SNACK SHOPS IN SERVICE BAYS/CONT.
The following person from the audience spoke to this issue:
Tom DeLuca, UNICAL, 76 Broadway, Sacramento, spoke of the corporate policy of not
selling alcohol at service station locations. He noted his company's policy to cooperate with
the con-tmunities they are located in as far as helping to prepare use permits which regulate
the sale of beer and wine at gas stations, and which can state that beer and wine is not
going to be sold at these locations, and Los Gatos Town Council has that same option within
a conditional use permit. He agreed to Council referring this item back to the Planning
Commission for further review, but requested that Council send some direction to the
Commission for working on the zoning ordinance amendment.
No one else from the audience addressed this issue.
Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, that Council close the public
hearing. Carried unanimously.
Motion by Mrs. Benjamin, seconded by Mr. Blanton, to return this application to the
Planning Commission, and request the Commission hold hearing on October 9, 1996, in
concert with public hearing on possible zoning ordinance amendment regarding service
station and convenience stores; that Council have sensitivity toward changing market studies
and business needs and be prepared to offer some flexibility; that this Council and future
Councils not be pressured in regards to allowing alcohol sales within close proximity to
people who are driving and stopping at a gasoline stations for service and convenience
shopping. Carried unanimously.
WILLIAMSON BILL OPEN SPACE AGREEMENT/JAMSHIDI PROPERTY/SMITS APPEAL
SINGLE FAMILY RESIDENCE IN UNINCORPORATED AREA (23.09)
Mayor Attaway noted that he had not heard the tapes of the previous meeting and would
therefore excuse himself from participating on this item.
Vice Mayor Benjamin stated that this was the time and place duly noted for public hearing to
consider appeal of decision of the Planning Commission to approve plans for the
construction of a single family residence on property located in the unincorporated area,
under a Williamson Bill Open Space Agreement and prezoned RC. Architecture and Site
Application S-95-90. Property Owner: Parichehr Jamshidi. Applicant: Maurice Camargo,
AIA. Appellant: Josine Eikelenboom Smits.
The following people from the audience spoke to this issue:
Josine Smits, 15280 Shannon Road, explained the condition of the hillside prior to any
development on the upper slopes, and then showed pictures and diagrams of the major
erosion issues attacking the slopes and gullies since cuts and roads have been put in on
upper level. She spoke of mitigation measures and an agreement that is close to
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acceptance and which all parties have tentatively agreed to. She also asked that Council
consider the placement of the water tanks in the requested conditions asking that sufficient
visual screening by the use of trees be a required condition.
Bill Heiss, 950 So. Bascom Ave., San Jose, Civil Engineer for the project, noted that the
parties have reached an agreement and the owners have every intention of proceeding
along the lines of that agreement. The County will be holding another public hearing at
which time the issue of appropriate screening would be considered.
No one else from the audience addressed this issue.
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WILLIAMSON BILL OPEN SPACE AGREEMENT.CONT.
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 grant the appeal and
uphold the Planning Commission's approval of Architecture and Site Application S-95-90,
and approve the second revised agreement of conditions regarding drainage and peer
review; also within the resolution the County process for requiring sufficient screening for the
water towers will be outlined. Carried by a vote of 4 ayes. Mr. Attaway abstained.
ECONOMIC HEALTH/PRIVATE PUBLIC PARTNERSHIP (10.06)
Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council accept the report on
economic health, and go forward with an RFP providing that avenues for public private
partnership be arranged and negotiated. Carried unanimously.
HUMANE SOCIETY OF SANTA CLARA VALLEY/RESOLUTION 1996-119 (14.28)
ANIMAL CONTROL SERVICES/WEST VALLEY PET SHELTER
Marjorie Lewis, 15950 Viewfield Road, West Valley Pet Shelter, spoke of the work the
shelter had been doing in providing quality care for the animals falling within this program.
Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, that Council adopt Resolution 1996-
119 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN
MANAGER TO EXECUTE AGREEMENT WITH THE HUMANE SOCIETY OF SANTA
CLARA VALLEY FOR ANIMAL CONTROL SERVICES TO THE FIVE WEST VALLEY
CITIES. Carried unanimously.
RESTAURANT USE/DOWNTOWN AREA/ORDINANCE 2021 (19.46)
Motion by Mr. Attaway, seconded by Mrs. Lubeck, that Council adopt Ordinance 2021
entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING CHAPTER 29 TO
PROVIDE A MORE COMPREHENSIVE REVIEW OF ADDITIONAL RESTAURANT USE IN
THE DOWNTOWN AREA. Carried unanimously.
LEAGUE OF CALIFORNIA CITIES/TOWN'S VOTING DELEGATE (24.10)
Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council appoint Mayor Attaway
the official voting delegate at the League of California Cities Annual Conference to be held
October 13 through October 15, 1996 in Anaheim. Carried unanimously.
COUNCIL REPORTS (25.10)
Mayor Attaway announced that there were no Council Reports to discuss this evening.
ADJOURNMENT
Motion by Mrs. Lubeck, seconded by Mrs. Benjamin, that this evening's meeting be
adjourned at 11:35 p.m. Carried unanimously.
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September 16, 1996
Los Gatos, California
ATTEST:
Marian V. Cosgrove
Town Clerk
TC:D8:MM091696