M 10-21-96TOWN OF LOS GATOS
CALIFORNIA
TOWN COUNCIL/PARKING AUTHORITY
October 21, 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 7:31 p.m., Monday, October 21, 1996, in regular session.
ROLL CALL
Present:Joanne Benjamin, Steven Blanton, Linda Lubeck,
and Mayor Randy Attaway.
Absent:Patrick O'Laughlin.
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) (Pending Litigation) regarding
Application of Larry Strom, WCAB #940025. This is a Worker's Compensation matter concerning a
retired police officer. Council instructed Town Attorney as how to proceed with hearing and possible
negotiation of settlement with the officer.
PRESENTATIONS/STUDENT PARKS COMMISSIONER (XX.44)
Mayor Attaway presented Service Awards to the Student Commissioners for their year of service to
the Town while serving on the Parks Commission. Mike Mettee and Mindy Roberts were both present
for this recognition by the Mayor of their 1995-96 term as commissioners.
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 # Location Applicant Request
Recommendation
3811 14100 Arnerich Walsh Building Site/Design Review
Approval/no conditions
Carried by a vote of 4 ayes. Mr. O'Laughlin absent.
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CODE COMPLIANCE/QUARTERLY REPORT (03.47)
Informational report from the Code Compliance Officer regarding abatement of code violations was
received and filed.
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PAYROLL RATIFICATION/SEPTEMBER-OCTOBER 1996 (04.V)
Motion by Mrs. Lubeck, seconded by Mrs. Benjamin, that Council ratify the check register for the
payroll of September 22 through October 5, 1996, paid on October 11, 1996, in the amount of
$301,341.29. Carried by a vote of 4 ayes. Mr. O'Laughlin absent.
ACCOUNTS PAYABLE/RATIFICATION/SEPTEMBER-OCTOBER 1996 (05.V)
Motion by Mrs. Lubeck, seconded by Mrs. Benjamin, that Council ratify the accompanying check
registers for accounts payable invoices paid on September 26, September 27, October 4, and October
11, 1996, in the amount of $749,523.25. Carried by a vote of 4 ayes. Mr. O'Laughlin absent.
MINUTES OF OCTOBER 7, 1996 (06.V)
Motion by Mrs. Lubeck, seconded by Mrs. Benjamin, that Council continue this item to November
4, 1996. Carried by a vote of 4 ayes. Mr. O'Laughlin absent.
COMMUNICATIONS MEETINGS REPORT (07.10)
Motion by Mrs. Lubeck, seconded by Mrs. Benjamin, that Council accept report on a series of
communication meetings. Carried by a vote of 4 ayes. Mr. O'Laughlin absent.
BACHMAN AVE 208/C.B. HANNEGAN'S RESTAURANT/FIREPLACE & AWNING (08.09)
Motion by Mrs. Lubeck, seconded by Mrs. Benjamin, that Council accept status report on approval
of 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. Carried
by a vote of 4 ayes. Mr. O'Laughlin absent.
9605B PROJECT/DISABLED ACCESS RAMP/BID AWARD/RESOLUTION 1996-127 (09.35)
Motion by Mrs. Lubeck, seconded by Mrs. Benjamin, that Council adopt Resolution 1996-127
entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH J.J.R. CONSTRUCTION FOR THE
CONSTRUCTION OF PROJECT 9605B, DISABLED ACCESS RAMP CONSTRUCTION.
Carried by a vote of 4 ayes. Mr. O'Laughlin absent.
PERMIT PARKING/DOWNTOWN PARKING LOT 9/RESOLUTION 1996-128 (10.42)
Motion by Mrs. Lubeck, seconded by Mrs. Benjamin, that Council adopt Resolution 1996-128
entitled, RESOLUTION OF THE TOWN OF LOS GATOS ESTABLISHING PERMIT
PARKING ON MUNICIPAL LOT #9. Carried by a vote of 4 ayes. Mr. O'Laughlin absent.
CUSTODIAL SERVICES/BID AWARD/RESOLUTION 1996-129 (12.28)
Motion by Mrs. Lubeck, seconded by Mrs. Benjamin, that Council adopt Resolution 1996-129
entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN
MANAGER TO EXECUTE AN AGREEMENT WITH SUPERIOR BUILDING SERVICES
FOR CONTRACTUAL CUSTODIAL SERVICES. Carried by a vote of 4 ayes. Mr. O'Laughlin
absent.
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SANTA CRUZ AVENUE N 7-9/RESTAURANT USE PROPOSAL (13.09)
Motion by Mrs. Lubeck, seconded by Mrs. Benjamin, that this item be continued to November 4,
1996. Carried by a vote of 4 ayes. Mr. O'Laughlin absent.
WINCHESTER BLVD 14731/RESIDENTIAL SUBDIVISION/RESOLUTION 1996-129 (14.09)
Motion by Mrs. Lubeck, seconded by Mrs. Benjamin, that Council adopt Resolution 1996-129
entitled, RESOLUTION OF THE TOWN OF LOS GATOS GRANTING AN APPEAL OF A
PLANNING COMMISSION DECISION TO DENY A REQUEST TO DEMOLISH A SINGLE
FAMILY RESIDENCE AND ONE SECONDARY DWELLING UNIT ON 3.67 ACRES IN THE
R-1:12,000 ZONE; PROJECT APPLICATION PRJ-96-36; NEGATIVE DECLARATION
APPLICATION ND-96-4. Carried by a vote of 4 ayes. Mr. O'Laughlin absent.
SANTA CRUZ AVENUE N 664/DEVELOPMENT APPLICATION/ORDINANCE 2022 (16.09)
Motion by Mrs. Lubeck, seconded by Mrs. Benjamin, that Council adopt Ordinance 2022 entitled,
ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONING MAP #126
FROM C-1 TO LM FOR A PORTION OF THE PROPERTY LOCATED AT 664 N. SANTA
CRUZ AVENUE. Carried by a vote of 4 ayes. Mr. O'Laughlin absent.
VERBAL COMMUNICATIONS
Johnson Avenue Traffic Problems:
Sharon Litvinoff, 212 Johnson Ave., spoke of traffic problems on this road. Requested safety bumps
or stop signs on the street. Council asked staff to place this concern on the agenda of November 18,
1996.
HEARING
LOS GATOS BOULEVARD 16212/AUTO DEALERSHIP/APPEAL (17.09)
Mayor Attaway stated that this was the time and place duly noted for public hearing to consider an
appeal of a decision of the Planning Commission denying a request for Architecture and Site approval
and a Conditional Use Permit to demolish existing commercial buildings and to construct a new auto
dealership building on property in the CH Zone. Project Application PRJ-96-96. Property Location:
16212 Los Gatos Boulevard. Property Owner: Maxim Investments, Inc. Applicant: Michael McKay.
The following people from the audience spoke to this issue:
Bill Herschman, Maxim Investments, 1190 Saratoga Ave., San Jose, President, Maxim Investments,
spoke in support of the project. He noted the ingress-egress issue and how the driveways are designed
as far from the intersection as possible. Exit movements would be directed to cause minimum impact
at the intersection. He spoke of the mitigation measures implemented to reduce the impacts on the
residential neighborhood.
John Anderson, 225 Coleridge Ave., Palo Alto, spoke of the revenue base for the Town with this
expansion and the need for a storage bay for the dealership's truck sales. Traffic will be controlled,
lighting and noise impacts will be minimized.
Bernard Greenfield, 226 Forrester Road, spoke in favor of the proposal.
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HEARINGS CONTINUED
LOS GATOS BOULEVARD 16212/AUTO DEALERSHIP CONT.
Speakers Continued:
Jim Rees, 16710 Magneson Loop, spoke against the intensification of the current intersection, and
asked that other options be considered. Spoke of the impacts of light, noise, and traffic.
Dave Williams, 103-A Fairview Plaza, approves the auto dealership on that site. He feels the existing
use is appropriate and should be viewed in light of the needs of the whole Town.
Norman Plischke, 16770 Magneson Loop, spoke of the problems associated with car dealers as
neighbors to the residents; the noise, and early hours. The alarms go off periodically and there is no
buffer for the light coming from this property.
Sharon Gise, 16720 Magneson Loop, spoke of the additional traffic and the bad intersection; there
are no dealerships in that area. She spoke of office buildings and light commercial on this location.
Monica Forster Plischke, 16770 Magneson Loop, spoke of improvements to homes and maintenance
of the neighborhood. Asked denial of this proposal.
Sharon Brunner Turzo, 16689 Magneson Loop, opposed the project, and asked for a different use
that would be compatible to the neighborhood. She noted extra traffic and commercial parking in the
Magneson neighborhood.
Nordean Felix, 136 Towne Terrace, #7, spoke in support of the proposal, and noted that the location
of the proposed new building should give expanded viewing area to the intersection.
Bill Center, Box 623, Lotus, CA, Property Owner, spoke of the development of the neighborhood and
the gas station that was on the site at one time. He spoke of the many proposed plans that were
brought to the Planning Department but which were not acceptable because of the traffic generation.
Even mixed use with residential was considered to generate substantial traffic impacts.
John Moore, 15500 Los Gatos Boulevard, spoke of the dealerships in the area. There will be no
service, no parts sales, no delivery of trucks by trailer. Trucks will be driven over from the other site.
The vehicle washing will be kept under control. Car dealerships do not generate as much traffic as
other uses.
Bill Moore, 17871 Andrews Street, representing the Water Co., spoke of property management and
urged the project move forward. He spoke of the ability to control the lighting concerns.
Robert Swanson, 16005 Los Gatos Boulevard, spoke in support of this proposal and the
appropriateness of developing now.
Elizabeth Smith, representing the Boulevard Community Alliance, was enthusiastic about
development and the beautification of the boulevard, but she spoke against this proposal of a car
dealership at this end of the boulevard and in this particular location.
Jim McHugh, 15400 Los Gatos Boulevard, spoke of the participation of the car dealers in their
community. He supports the truck dealership at this location.
Lynn Dougherty, 16678 Magneson Loop, spoke of other alternatives for this property such as retail
strip or mixed use of residential and retail.
Wardo Christianson, resident of Magneson Loop, asked for a more interesting architectural concept
for this proposed building.
Gail Brady, 16387 Englewood Ave., asked how these proposals come forward to be developed and
how Council gets to consider them.
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HEARINGS CONTINUED
LOS GATOS BOULEVARD 16212/AUTO DEALERSHIP CONT.
Speakers Continued:
Terri Hope, 212 Bella Vista, is in favor of this proposal and would like to be able to purchase
commercial vehicles in Town for use in her Los Gatos business.
Mike Melt, lives up the mountain, approves the project.
Michelle Rees, 16710 Magneson Loop, requested a beautiful structure on this site and not just a
square business building.
John Anderson, Applicant, thanked people who came down in support of this project this evening,
and spoke of the 120 people who signed petitions in favor of the proposal.
Audrey Freeman, 140 Magneson Terrace, spoke of increased traffic and parking on Magneson Loop.
She would like to keep these impacts to a minimum.
No one else from the audience addressed this issue.
Motion by Mrs. Benjamin, seconded by Mr. Blanton, to close the public hearing. Carried by a vote
of 4 ayes. Mr. O'Laughlin absent.
Motion by Mrs. Lubeck, seconded by Mr. Attaway, to grant the appeal to approve the Architecture
and Site Application to demolish and to construct, including conditions in staff report.
Council Comments:
Mrs. Lubeck, has been working on the Los Gatos Boulevard Plan for two years and thinks this
proposal fits the concept; she feels that traffic has been considered/parking has been
considered/lighting must be addressed more fully and conditions written addressing the mitigation of
impacts on the neighbors/parking on the loop must be reviewed/the 2,200 sq. ft. building with glass
and architectural elements is attractive. The site has the best use and the best design to be in keeping
with the Boulevard Plan.
Mrs. Benjamin is not sure the architectural design of the building is the best for the location. Housing
at the site would not be good/sloped roofs take away views. The use does meet the General Plan.
There is no other use less traffic generating, but the architecture of the building does not seem the best
for the neighboring styles on the Boulevard or the residential areas.
Mr. Attaway did not want retail at this site nor a mixed use retail with residential upstairs. It has a
previous use of auto dealership which generates much less traffic. He requested a traffic study to
show the best ingress and egress for the site. He asked that staff return to Council with a one year
review of the conditions. That Council approve in concept and send back to Planning Commission to
work out the details of ingress and egress; to study the architecture for a more appropriate design for
the neighborhoods and to establish landscaping plan to act as a buffer for the residents. The lighting
issues and parking issues should also be addressed.
Mr. Blanton will not support this application/he feels the boulevard plan should be supported.
Mrs. Lubeck noted that three Councilmembers could work with the proposal conceptually and
condition the use permit to gain a workable solution. She asked that Town Attorney and
Councilmembers note specific additional conditions that are to be returned to the Planning
Commission.
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HEARINGS CONTINUED
LOS GATOS BOULEVARD 16212/AUTO DEALERSHIP CONT.
Motion Continued:
Conditions:
1) Architecture should be more in keeping with the Boulevard and Residential neighborhoods.
2) Traffic study be done to determine best ingress and egress for the project and to determine the least
impact to the Shannon intersection.
3) Signage be determined for mitigating parking and test driving in and through the Magneson
neighborhood.
4) Noise and activity on site to be limited: a) no parts sales; b) no mechanical service; c) no vehicle
deliveries; d) no paging system; e) power washing hours limited; f) lighting mitigation plan
incorporated.
Amended Motion by Mrs. Lubeck, seconded by Mr. Attaway, that Council grant the appeal in part
and return the project to the Planning Commission with all of Council's comments concerning the
conditions and with the findings that Council was given new information; that the Planning
Commission erred in its interpretation of the Boulevard Plan; that the proposal is in keeping with the
General Plan and meets the requirements of the General Plan. Carried by a vote of 3 ayes. Mr.
O'Laughlin absent. Mr. Blanton voted no.
Mr. Bowman, Planning Director, noted that this item will be re-noticed by mail and publication to the
neighborhood and interested parties when it comes back to the Planning Commission for public
hearing.
COUNCIL RECESS
Mayor Attaway announced a five minute recess at 10:05 p.m. Meeting was called back to order at
10:10 p.m.
BROADWAY 80/RESIDENTIAL REMODEL/RECONSIDERATION/RESOLUTION 1996-131
(15.09)
Mayor Attaway stated that this was the time and place duly noted to consider adoption of resolution
granting appeal of a Planning Commission decision to approve a minor architecture and site
application to demolish a secondary dwelling unit and to incorporate the floor area in the existing
residence on property in the R-1D:LHP Zone. Project Application PRJ-96-67. Property Location: 80
Broadway. Property Owner: Allen and Lena Henderson. Appellant: Paul Biber and Carol Ferro.
The following person from the audience spoke to this issue:
Allen Henderson, 115 Broadway, spoke concerning his request to reconsider appeal of his residential
project. He felt his project was reasonable and because he had been out of town at the time of the
hearing he had not been given ample opportunity to address the concerns of the neighbors.
No one else from the audience addressed this issue.
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BROADWAY 80/RESIDENTIAL REMODEL/RESOLUTION 1996-131/CONT.
Motion by Mrs. Lubeck, seconded by Mr. Blanton, that Council adopt Resolution 1996-131 entitled,
RESOLUTION OF THE TOWN OF LOS GATOS GRANTING APPEAL OF PLANNING
COMMISSION DECISION TO APPROVE AN APPEAL OF THE PLANNING COMMISSION
DECISION TO APPROVE A MINOR ARCHITECTURE AND SITE APPLICATION TO
DEMOLISH A SECONDARY DWELLING AND TO INCORPORATE THE FLOOR AREA IN
THE EXISTING RESIDENCE ON PROPERTY IN THE R-1D:LHP ZONE; PROJECT
APPLICATION PRJ-96-67. Carried by a vote of 3 ayes. Mr. O'Laughlin absent. Mr. Attaway
voted no for reasons noted in previous record.
PERFORMANCE AUDITS FOR THE TOWN (18.06)
The following people from the audience spoke to this issue:
Mike Mount, 24421 Loma Prieta, David Griffith and Associates, explained the management studies
as they relate to cost reductions and revenue opportunities.
Frank Jones, 112 Belhaven Drive, believes that staff can identify areas of efficiency and savings
within the organization themselves.
No one else from the audience addressed this issue.
Motion by Mr. Blanton, seconded by Mrs. Benjamin, to accept and file report on performance audits.
Carried by a vote of 4 ayes. Mr. O'Laughlin absent.
HOUSING CONSERVATION PROGRAM/RESOLUTION 1996-132 (11.19)
Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, that Council adopt Resolution 1996-132
entitled, RESOLUTION OF THE TOWN OF LOS GATOS AMENDING HOUSING
CONSERVATION PROGRAM GUIDELINES ADOPTED BY RESOLUTION 1996-97.
Carried by a vote of 4 ayes. Mr. O'Laughlin absent.
Mayor Attaway requested staff to bring a report back to Council to consider possible methods of
screening future loan arrangements whereby recipients of loans who find themselves with more
income then when they started the loan program would have the obligation to pay back the loan at that
time.
NAMING TOWN OWNED PUBLIC FACILITIES/RESOLUTION 1996-133A (19.44)
Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, that Council adopt Resolution 1996-133
entitled, RESOLUTION OF THE TOWN OF LOS GATOS ESTABLISHING TOWN COUNCIL
POLICY ON NAMING TOWN-OWNED PUBLIC FACILITIES. Carried by a vote of 3 ayes.
Mr. O'Laughlin absent. Mr. Blanton voted no.
COUNCIL COMMITTEE REPORTS
Joanne Benjamin reported on the Cities Association and the fact that Pat Danville had information on
truancy that she wanted other cities to be aware of and which Mrs. Benjamin has with her to distribute
to Council.
ADJOURNMENT
Motion by Mr. Blanton, seconded by Mrs. Benjamin, that this evening's meeting be adjourned at
11:08 p.m. Carried by a vote of 4 ayes. Mr. O'Laughlin absent.
ATTEST:
Marian V. Cosgrove
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Los Gatos, California
Town Clerk
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