M 12-16-96TOWN OF LOS GATOS
CALIFORNIA
TOWN COUNCIL/PARKING AUTHORITY
December 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 7:03 p.m., Monday, December 16, 1996, in regular session.
PRESENTATION BY TOWN ATTORNEY
Larry Anderson, Town Attorney, gave a presentation to Council on the Impacts of Initiatives Approved
in the November Election. He noted the confusion caused by Proposition 218 which concerns city
wide assessment districts.
ROLL CALL
Present:Randy Attaway, Steven Blanton, Jan Hutchins,
and Vice Mayor Linda Lubeck,
Absent:Joanne Benjamin
PLEDGE OF ALLEGIANCE
Given by all in attendance.
CLOSED SESSION
Vice Mayor Lubeck noted that Council had not met in Closed Session this evening.
BOARD OF APPEALS (00.20)
Vice Mayor Lubeck noted that this item would be readvertised due to a lack of applications.
COMMUNITY SERVICES COMMISSION (000.20)
Vice Mayor Lubeck announced that four applications had been received for four vacancies on the
Community Services Commission from Gary Ehlert, Jack Neal, Annette Seaborn and Sara Werp.
Voting was held and Mr. Ehlert, Mr. Neal, Ms Seaborn and Ms Werp were appointed to terms to expire
1/1/2000.
GENERAL PLAN COMMITTEE (XX.20)
Vice Mayor Lubeck noted that this item would be readvertised due to a lack of applications.
PARKING COMMISSION (XXX.20)
Vice Mayor Lubeck announced that two applications had been received for two vacancies on the
Parking Commission from Kurt Lemons and Steve Zientek. Voting was held and Mr. Lemons, and
Mr. Zientek were appointed to terms to expire 1/1/2001.
PERSONNEL BOARD (YY.20)
Vice Mayor Lubeck noted that this item would be readvertised due to a lack of applications.
TRAILS & BIKEWAYS COMMITTEE (YYY.20)
Vice Mayor Lubeck announced that three applications had been received for one vacancy on the Trails
and Bikeways Committee from Nick Goddard, Peter Fournier and Joe Young. Voting was held and
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Mr. Young was appointed to term to expire 1/31/2001.
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December 16, 1996
Los Gatos, California
ARTS COMMISSION/COMMENDATION/DALE CHAMBERS (YYY.20)
Vice Mayor Lubeck presented a Commendation from the Town to Dale Chambers for his time and
service to the Town while serving on the Arts Commission. Mr. Chambers was present to receive his
commendation and thanked the Town for the opportunity to have served. He presented a poster of last
years performances autographed by the performers to Ms Lubeck.
SCHEDULE OF PUBLIC HEARINGS (01.01)
Informational report regarding currently scheduled public hearings was received and filed.
PAYROLL RATIFICATION/NOVEMBER 1996 (02.V)
Motion by Mr. Attaway, seconded by Mr. Blanton, that Council ratify the check register for the
payroll of November 17 through November 30, 1996, paid on December 6, 1996, in the amount of
$357,850.15. Carried by a vote of 4 ayes. Mrs. Benjamin absent.
ACCOUNTS PAYABLE/RATIFICATION/DECEMBER 1996 (03.V)
Motion by Mr. Attaway, seconded by Mr. Blanton, that Council ratify the accompanying check
registers for accounts payable invoices paid on December 6, 1996 in the amount of $332,579.20.
Carried by a vote of 4 ayes. Mrs. Benjamin absent.
MINUTES OF DECEMBER 2, 1996 (04A.V)
Motion by Mr. Attaway, seconded by Mr. Blanton, that Council approve the Minutes of December 2,
1996 as submitted. Carried by a vote of 4 ayes. Mrs. Benjamin absent.
MINUTES OF DECEMBER 9, 1996 (04B.V)
Motion by Mr. Attaway, seconded by Mr. Blanton, that Council approve the Minutes of December 9,
1996 as submitted. Carried by a vote of 4 ayes. Mrs. Benjamin absent.
RENT MEDIATION PROGRAM (05.19)
Motion by Mr. Attaway, seconded by Mr. Blanton, that Council accept Rent Mediation Program
Fiscal Year 1995-96 Report and adjust 1996-97 program budget to cover costs of increased mediations
and arbitrations. Carried by a vote of 4 ayes. Mrs. Benjamin absent.
HOUSING CONSERVATION PROGRAM/LOAN EVALUATIONS (06.19)
Motion by Mr. Attaway, seconded by Mr. Blanton, that Council accept report on periodic Housing
Conservation Program (HCP) loan evaluations. Carried by a vote of 4 ayes. Mrs. Benjamin absent.
ARTS COMMISSION/MASTER PLAN/RESOLUTION 1996-156 (07.20)
Motion by Mr. Attaway, seconded by Mr. Blanton, that Council adopt Resolution 1996-156 entitled,
RESOLUTION OF THE TOWN OF LOS GATOS ADOPTING THE ARTS COMMISSION
MASTER PLAN. Carried by a vote of 4 ayes. Mrs. Benjamin absent.
MUSIC IN THE PLAZA/GUIDELINES/DONATIONS/RESOLUTION 1996-157 (08.20)
Motion by Mr. Attaway, seconded by Mr. Blanton, that Council adopt Resolution 1996-157 entitled,
RESOLUTION OF THE TOWN OF LOS GATOS ADOPTING MUSIC IN THE PLAZA
GUIDELINES. Carried by a vote of 4 ayes. Mrs. Benjamin absent.
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Los Gatos, California
INTERIM TOWN ATTORNEY/NATALIE WEST/RESOLUTION 1996-158 (09.10)
Motion by Mr. Attaway, seconded by Mr. Blanton, that Council adopt Resolution 1996-158 entitled,
RESOLUTION OF THE TOWN OF LOS GATOS APPOINTING NATALIE WEST AS
INTERIM TOWN ATTORNEY AND AUTHORIZING THE TOWN MANAGER TO
EXECUTE AN AGREEMENT WITH NATALIE WEST FOR SERVICES AS INTERIM
TOWN ATTORNEY. Carried by a vote of 4 ayes. Mrs. Benjamin absent.
TOWN ATTORNEY/COMMENDATION/LARRY ANDERSON/RESOLUTION 1996-159 (10.10)
Motion by Mr. Attaway, seconded by Mr. Blanton, that Council adopt Resolution 1996-159 entitled,
RESOLUTION OF THE TOWN OF LOS GATOS COMMENDING LARRY E. ANDERSON
FOR TOWN ATTORNEY SERVICES. Carried by a vote of 4 ayes. Mrs. Benjamin absent.
REDEVELOPMENT AGENCY/ANNUAL REPORT 95-96/RESOLUTION 1996-160 (11.49)
Motion by Mr. Attaway, seconded by Mr. Blanton, that Council adopt Resolution 1996-160 entitled,
RESOLUTION OF THE TOWN OF LOS GATOS ACCEPTING THE 1995-96 ANNUAL
REPORT FOR THE LOS GATOS REDEVELOPMENT AGENCY. Carried by a vote of 4 ayes.
Mrs. Benjamin absent.
UNIVERSITY AVENUE 50/OLD TOWN SHOPPING COMPLEX/ORDINANCE 2025
ZONE CHANGE APPLICATION FROM C-2-LHP TO C-2:PD-LHP (12.09)
Motion by Mr. Attaway, seconded by Mr. Blanton, that Council adopt Ordinance 2025 entitled,
ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONING ORDINANCE
EFFECTING A ZONE CHANGE FROM C-2 LHP TO C-2 PD LHP AT 50 UNIVERSITY
AVENUE. Carried by a vote of 4 ayes. Mrs. Benjamin absent.
HEARINGS
WEED ABATEMENT/OVERRULING OBJECTIONS/RESOLUTION 1996-161 (13.25)
Vice Mayor Lubeck stated that this was the time and place duly noted for public hearing to consider
adopting resolution overruling objections and ordering abatement of weeds.
The following people from the audience spoke to this issue:
Carl Schneider, Assistant County Fire Marshal, addressed the increase in fees and explained how the
weed abatement service operates.
C. Crowell, 204 Carlester Drive, asked why he has been on the list for 10 years and has not been able
to get his name removed.
Mary Keith Osborn, 17051 Wilde Way, has a half acre of natural California grasses and does not
want to have this rare stand of grass disked by accident.
Bill Mason, 56 Oak Grove Ave, spoke of a well cared for lot, and asked why this lot appeared on the
list.
Sydney Pollard, 698 Bicknell Road, asked why one side of the road and not the other had received
letters concerning the weed abatement.
Lee McLaughlin, 15626 Francis Oaks Way, questioned the cost of this program.
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HEARINGS CONTINUED
WEED ABATEMENT/OVERRULING OBJECTIONS CONT.
George Smith, 15425 Shannon Road, spoke of several lots he owns and noted that over a period of
thirty five years he has kept the weeds down and asked why this program is suddenly telling him he
has problem weeds.
Wendell Sander, 112 Harwood Court, asked about clearing weeds over easements.
Peter Scharick, 349 Los Gatos Boulevard, asked how to be removed from list.
Tom, 147 Cleland, spoke of the need for further notification by the contractor who is entering and
working on an individual's property. The notice should delineate what work is to be done and how
many hours it will take to do it.
Jim McIlvain, 15331 Francis Oaks Way, asked for further clarification of the program.
No one else from the audience addressed this issue.
Motion by Mr. Attaway, seconded by Mr. Blanton, that Council close the public hearing. Carried by
a vote of 4 ayes. Mrs. Benjamin absent.
Council Consensus that the County try to notify the residents more fully concerning when contractors
will enter their property and an estimate as to the work these contractors will do. The Mayor will
bring this concern to the Santa Clara County Cities Association and request that other cities also ask
the County for more clarification regarding noticing and individual estimates.
Motion by Mr. Attaway, seconded by Mr. Blanton, that Council adopt Resolution 1996-161 entitled,
RESOLUTION OF THE TOWN OF LOS GATOS OVERRULING OBJECTIONS AND
ORDERING ABATEMENT OF WEEDS AS A PUBLIC NUISANCE. Carried by a vote of 4
ayes. Mrs. Benjamin absent.
LOMA ALTA AVE 123/DEMOLITION FOR RESIDENCE/MCELROY APPEAL (14.09)
Vice Mayor Lubeck stated that this was the time and place duly noted for public hearing to consider
appeal of a Planning Commission decision denying a request for architecture and site approval to
demolish a pre-1941 residence and to construct a new two story single family residence on property
zoned R-1:8. Project Application PRJ-96-75. Property Location: 123 Loma Alta Ave. Property
Owners/Appellants: Terry and Victoria McElroy.
The following person from the audience spoke to this issue:
Terry McElroy, 123 Loma Alta Ave, asked for a continuance so that the appeal could be heard by a
full Council.
No one else from the audience addressed this issue.
Motion by Mr. Attaway, seconded by Mr. Hutchins, to continue this appeal to January 6, 1997.
Carried by a vote of 4 ayes. Mrs. Benjamin absent.
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HEARINGS CONTINUED
MORE AVE 300/PACIFIC BELL MOBILE SERVICES/APPEAL (15.09)
Vice Mayor Lubeck stated that this was the time and place duly noted for public hearing to consider
appeal of a Planning Commission decision denying a request for approval of a conditional use permit
for installation of a personal communications services (PCS) wireless utility facility with a monopole
on property in the R-1:20 Zone. Property Location: 400 More Avenue. Property Owner: San Jose
Water Works. Applicant: Pacific Bell Mobile Services. Appellant: Amy L. Stanton/Pacific Bell
Mobile Services.
The following people from the audience spoke to this issue:
Amy Stanton, Pacific Bell Mobile Services, 844 Dubuque Ave., San Francisco. Spoke of design and
camouflaging techniques. Submitted a desk item.
Terry Green, 135 Vinyard Court, disapproved of any additional poles being added to the landscape.
Marguerite Frederick, 205 Chippendale Crt., does not want additional poles.
Gary Remmen, 324 Casitas Bulevar, disapproves of additional poles or any other equipment. He is
disturbed by a diesel generator at that site.
Jack Cheney, 315 Montclair Road, asked that additional poles not be added. All utilities in the
development are undergrounded and these monopoles defeat what the planned development has
accomplished. Submitted a desk item.
No one else from the audience addressed this issue.
Motion by Mr. Hutchins, seconded by Mr. Blanton, that Council close the public hearing. Carried
by a vote of 4 ayes. Mrs. Benjamin absent.
Motion by Mr. Attaway, seconded by Mr. Hutchins, that Council send this item back to the Planning
Commission to look for a higher level of enhancement and to look for an alternative site. Carried by
a vote of 4 ayes. Mrs. Benjamin absent.
MILES AVE PROPERTY/REZONE CONSIDERATIONS (16.09)
Vice Mayor Lubeck stated that this was the time and place duly noted to consider Mr. Smith's request
for the Town to initiate General Plan and Downtown Specific Plan amendment and a Zone Change for
properties on Miles Avenue.
The following person from the audience spoke to this issue:
Gene Smith, 15481 Blackberry Hill Road, asked many questions concerning the possibility of
rezoning the property for possible development. Originally he planned to build five residential units
and then thought of using it for mini-storage.
No one else from the audience addressed this issue.
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MILES AVE PROPERTY/REZONE/CONT.
Council Consensus that Council should not initiate a zone change. LM zone should not come into
that area. Mini storage could be possible now but not later if this area were to start to go residential.
Town would like to move the corporation yard and see the area become residential. Single family and
duplex could go to the DRC for approval and need a conditional use permit, and could be approved
without going to the Planning Commission.
Motion by Mr. Attaway, seconded by Mr. Blanton, that the Town does not initiate a General Plan and
Downtown Specific Plan Amendment and Zone Change for property on Miles Avenue. Carried by a
vote of 4 ayes. Mrs. Benjamin absent.
COUNCIL COMMITTEE APPOINTMENTS/JANUARY 1997 (17.10)
Council Consensus to approve Council Committee Appointments effective January 1997.
COUNCIL COMMITTEE REPORTS (18.10)
Vice Mayor Lubeck noted that there were no Council Committee reports at this time.
ADJOURNMENT
Motion by Mr. Blanton, seconded by Mr. Hutchins, that this evening's meeting be adjourned at 10:19
p.m. Carried by a vote of 4 ayes. Mrs. Benjamin absent.
ATTEST:
Marian V. Cosgrove
Town Clerk
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