M 10-20-97TOWN OF LOS GATOS
CALIFORNIA
TOWN COUNCIL/PARKING AUTHORITY
October 20, 1997
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 7:35 p.m., Monday, October 20,
1997, in regular session.
ROLL CALL
Present:Randy Attaway, Steven Blanton, Jan Hutchins,
Linda Lubeck and Mayor Joanne Benjamin.
Absent:None.
PLEDGE OF ALLEGIANCE
Given by all in attendance.
CLOSED SESSION
Town Attorney, Orry Korb, announced that prior to this evening's meeting Council met in
Closed Session pursuant to Government Code Section 54956.9(b) (Threatened Litigation),
regarding two cases: Claims of MarLyn Rasmussen and Lisa-Maria Bottoni. This meeting
will continue after the close of this evening's regular meeting.
COMMUNITY SERVICES COMMISSION/STUDENT APPOINTMENT (00.20)
Mayor Benjamin announced that one application had been received from Kelly Castaneda
for an opening on the Community Services Commission for student members. Voting was
held and Ms Castaneda was appointed to serve term expiring September 30, 1998.
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.
PAYROLL RATIFICATION/SEPTEMBER 1997 (03.V)
Motion by Mr. Blanton, seconded by Mr. Attaway, that Council ratify the check register
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for the payroll of September 7, 1997 through September 20, 1997, paid on September 26,
1997, in the amount of $314,172.21. Carried unanimously.
ACCOUNTS PAYABLE/RATIFICATION/SEPTEMBER-OCTOBER 1997 (04.V)
Motion by Mr. Blanton, seconded by Mr. Attaway, that Council ratify the accompanying
check registers for accounts payable invoices paid on September 25, October 3, and
October 10, 1997 in the amount of $401,494.32. Carried unanimously.
MINUTES OF OCTOBER 6, 1997/STUDY SESSION (05A.V)
Motion by Mr. Blanton, seconded by Mr. Attaway, that Council approve the Study
Session on the Community Grant Program Minutes of October 6, 1997 as submitted.
Carried unanimously.
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MINUTES OF OCTOBER 6, 1997 (05B.V)
Motion by Mr. Blanton, seconded by Mr. Attaway, that Council approve the Town
Council Minutes of October 6, 1997 as submitted. Carried unanimously.
TREASURER'S REPORT (06.V)
Informational report submitted by the Treasurer to the Council as of August 31, 1997, was
received and filed.
BIANNUAL STREET RESURFACING/PROJECT 9615/BUDGET ADJUSTMENTS (09.35)
Motion by Mr. Blanton, seconded by Mr. Attaway, that Council increase 97/98 project
budget 480S9615-85035 by $125,000 from account 4480-85300. Carried unanimously.
DISABLED ACCESS RAMP/PROJECT 9605B/RESOLUTION 1997-114 (10.28)
Motion by Mr. Blanton, seconded by Mr. Attaway, that Council adopt Resolution 1997-
114 entitled, RESOLUTION OF THE TOWN OF LOS GATOS ACCEPTING WORK OF
J.J.R. CONSTRUCTION PROJECT 9605B - DISABLED ACCESS RAMP
CONSTRUCTION AND AUTHORIZING THE TOWN MANAGER TO EXECUTE
CERTIFICATE OF ACCEPTANCE AND NOTICE OF COMPLETION FOR RECORDING BY
THE TOWN CLERK. Carried unanimously.
ANIMAL LICENSING AGREEMENT/HUMANE SOCIETY/RESOLUTION 1997-115 (11.44)
Motion by Mr. Blanton, seconded by Mr. Attaway, that Council adopt Resolution 1997-
115 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN
MANAGER TO EXECUTE ANIMAL LICENSING AGREEMENT AMONG THE HUMANE
SOCIETY OF SANTA CLARA VALLEY, THE CITY OF MILPITAS, THE CITY OF SANTA
CLARA, THE CITY OF SAN JOSE, THE CITY OF CAMPBELL, THE TOWN OF LOS
GATOS, THE CITY OF MONTE SERENO, AND THE CITY OF SARATOGA. Carried
unanimously.
U.C. REGENTS PROPERTY/SUMMERHILL HOMES/14734 BLOSSOM HILL ROAD (12.09)
ENVIRONMENTAL IMPACT REPORT/DAVID J. POWERS/RESOLUTION 1997-116
Motion by Mr. Blanton, seconded by Mr. Attaway, that Council adopt Resolution 1997-
116 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING
AGREEMENT TO PREPARE AN ENVIRONMENTAL IMPACT REPORT FOR PROPOSED
CONSTRUCTION AT 14734 BLOSSOM HILL ROAD. Carried unanimously.
REORGANIZATION/LOMA STREET 3/ANNEXATION/RESOLUTION 1997-117 (13.14)
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Motion by Mr. Blanton, seconded by Mr. Attaway, that Council adopt Resolution 1997-
117 entitled, RESOLUTION OF THE TOWN OF LOS GATOS ORDERING THE
REORGANIZATION OF CERTAIN UNINHABITED TERRITORY DESIGNATED AS
LOMA STREET 3 TO THE TOWN OF LOS GATOS. Carried unanimously.
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634 N. SANTA CRUZ DEMOLITION/OFFICE BUILDINGS/RESOLUTION 1997-118 (14.09)
Motion by Mr. Blanton, seconded by Mr. Attaway, that Council adopt Resolution
1997-118 entitled, RESOLUTION OF THE TOWN OF LOS GATOS GRANTING APPEAL OF
A DECISION OF THE PLANNING COMMISSION DENYING AN APPLICATION TO
DEMOLISH A PRE-1941 RESIDENCE, AND DENYING APPEAL OF DECISION OF THE
PLANNING COMMISSION DENYING AN ARCHITECTURAL AND SITE APPLICATION,
AND REMANDING TO THE PLANNING COMMISSION FOR FURTHER CONSIDERATION
THAT ARCHITECTURAL AND SITE APPLICATION TO CONSTRUCT A NEW RETAIL AND
OFFICE BUILDING ON PROPERTY ZONED C-1. PROJECT APPLICATION PRJ-97-040,
which confirms the Council action of October 6, 1997. Carried unanimously. (This item was
reconsidered at the end of the meeting.)
GROUND FLOOR OFFICE USE/VICTORY LANE & MAIN STREET/ORDINANCE 2035
(15.46)
Motion by Mr. Blanton, seconded by Mr. Attaway, that Council adopt Ordinance 2035
entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING ZONING
ORDINANCE OF THE TOWN CODE TO PERMIT GROUND FLOOR OFFICE USES ON
PORTIONS OF MAIN STREET WHERE THEY ARE PRESENTLY NOT ALLOWED, which
was introduced at the Council meeting of October 6, 1997. Carried unanimously.
CAPRI DRIVE 14115/RESIDENTIAL ZONE CHANGE/ORDINANCE 2036 (16.09)
Motion by Mr. Blanton, seconded by Mr. Attaway, that Council adopt Ordinance 2036
entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONING MAP
#112 FROM RD TO RM:5-12 FOR THE PROPERTY LOCATED AT 14115 CAPRI DRIVE,
which was introduced at the Council meeting of October 6, 1997. Carried unanimously.
HEARINGS
UNIVERSITY AVENUE 742/LUMBERYARD DEMOLITION/APPEAL (17.09)
RESEARCH AND DEVELOPMENT/OFFICE BUILDING
ORDINANCE INTRODUCTION/RESOLUTION 1997-118
Mayor Benjamin announced that this was the time and place so noted for Council to
consider Planning Commission recommendation to approve a Planned Development to
change the Zoning Designation from LM to LM-PD to allow the demolition of an existing
LumberYard and construction of a 61,000 square foot Research and Development/Office
Building; A) Development Application DEV-97-003; B) Negative Declaration ND-97-0008.
No significant environmental impacts have been identified as a result of this project and a
Negative Declaration is recommended. Property Owner: Donald & Margaret Fitzgerald.
The following people addressed Council concerning this issue:
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Birk McCandless, McCandless Companies, 3945 Freedom Circle, #640, Santa Clara,
explained the project and his flexibility between the acceptance of either design that has
been presented and the willingness to remove the cupola if requested.
Nicole Perpessy, 23415 Sky View Terrace, asked questions about the project.
Steve Sund, Project Manager, 3945 Freedom Circle, #640, Santa Clara, addressed the
architectural aspects of the project.
No one else from the audience addressed this issue.
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HEARINGS CONTINUED
UNIVERSITY AVENUE 742/LUMBERYARD DEMOLITION/CONT.
Motion by Mr. Blanton, seconded by Mr. Hutchinson, that Council close this public
hearing. Carried unanimously.
Motion by Mr. Attaway, seconded by Mr. Blanton, that Council make the Negative
Declaration and find that the Zone Change is consistent with the General Plan as follows:
The proposed zone change is consistent with the General Plan because large scale R&D
and office uses are allowed in the LM Zone and these uses are consistent with the Light
Industrial designation of the General Plan. The zone change is also consistent with the
Commercial Specific Plan Committee Report which encourages planned development for
industrial uses of major facilities at this location. Carried unanimously.
The Town Clerk read the Title of the Draft Ordinance.
Motion by Attaway, seconded by Mr. Blanton, to waive the reading of the Draft
Ordinance. Carried unanimously.
Motion by Mr. Attaway, seconded by Mr. Blanton, that Council introduce Draft
Ordinance entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE
TOWN CODE EFFECTING A ZONE CHANGE FROM LM TO LM-PD FOR PROPERTY AT
742 UNIVERSITY AVENUE. Carried unanimously.
Motion by Mr. Attaway, seconded by Mr. Blanton, that Council adopt Resolution 1997-
118 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE
MAYOR TO SIGN A QUITCLAIM DEED FOR RIGHT-OF-WAY EASEMENT AT 742
UNIVERSITY AVENUE. Carried unanimously.
Motion by Mrs. Lubeck, seconded by Mr. Blanton, that the first plan submitted for this
project was preferred by Council and that Council would rather see pavers of any color
used for the driveway and parking, rather than black top. Carried unanimously.
WOODED VIEW DRIVE 135/SINGLE FAMILY RESIDENCE/APPEAL (18.09)
Mayor Benjamin stated that this was the time and place duly noted for public hearing to
consider appeal of a decision of the Planning Commission denying an Architecture and Site
application to construct a new single family residence in the HR-1 Zone. Project
Application PRJ-97-050. Property Location: 135 Wooded View Drive. Property
Owner/Appellant: Rostam Sootoodeh-Koo.
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Mr. Blanton asked for information regarding grading on the lot. Mr. Bowman replied that
minimal grading is endorsed on lots in our hillsides and that a smaller structure or different
style could minimize the requisite grading.
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HEARINGS CONTINUED
WOODED VIEW DRIVE 135/CONT.
The following people from the audience spoke to this issue:
Hooman Sotoodeh, 1416 Maysun Court, Campbell, spoke in support of his project
showing diagrams, overlays and photographs. He noted the mitigation methods to shield
the structure from the neighbors. He noted that it was a two story structure which stepped
up the hill. He spoke of the attempts to reduce the cut and fill requirements of the project.
Hamid Panahi, 2155 S. Bascom #202, Campbell, spoke of the design elements in the
plan and the difficulty of lowering the height without moving more soil.
Wayne Choi, 120 Happy Acres Road, opposes the project due to its size on a very steep
hill, and the possibility of a mud slide due to the necessary grading for the project. He
objects to the style and size in a neighborhood of homes half the size.
Gary Elliot, 105 Happy Acres Road, is opposed to the size of the structure at the chosen
location. He feels there are other designs that could be adapted to this lot that would
lessen the impact as to mass and scale.
Katherine Shore, 245 Los Gatos Boulevard, addressed the size of the project and felt that
a smaller design would be more appropriate.
No one else from the audience addressed this issue.
Motion by Mr. Attaway, seconded by Mr. Blanton, to close the public hearing. Carried
unanimously.
Council Comments:
Mr. Attaway noted that although the lot is steeper than would be allowed today, it is a legal
lot and an appropriate house can still be built there. He feels that this project is too large.
Mr. Blanton believes that Council has discretion over the grading policy and that the
neighbor's concerns could still be addressed.
Mrs. Lubeck noted the scale and massing and how that would not blend into the present
character of the neighborhood.
Mrs. Benjamin felt that the over all plan was far to large for the narrow steep lot.
Motion by Mr. Attaway, seconded by Mr. Lubeck, that Council uphold the Planning
Commission's decision and deny the Architecture and Site Application PRJ-97-050.
Carried by a vote of 4 ayes. Mr. Blanton voted no.
RECONSIDERATION OF ITEM 14/634 NORTH SANTA CRUZ AVE (14.09)
Council Consensus: Mayor Benjamin requested reconsideration of Item 14 which was
agreed to unanimously by Council.
LARK AND WINCHESTER/TOWN PROPERTY/MAINTENANCE (07.44)
Mayor Benjamin noted that Council would consider maintenance of Town property at Lark
Avenue and Winchester Boulevard.
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Council Comments:
Mrs. Benjamin feels that the asset should be utilized. Heavy landscaping causes problems
monitoring the activities at this location to the satisfaction of the neighborhood.
Mr. Blanton is inclined to sell the property if the interest of the neighborhood leans toward
that option. He is only interested in pursuing the park option if it's first thoroughly studied
and can be proved appropriate at this location.
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LARK AND WINCHESTER/TOWN PROPERTY/MAINTENANCE/CONT.
Council Comments continued:
Mrs. Lubeck has wanted the Town to sell this lot for some time. She does not think a park
could function well on that corner, and this area is not an entranceway to Los Gatos so a
Gateway seems inappropriate there.
Mr. Attaway would like the perimeter landscaped and used as it has been over time; the
other option would be to sell. He asked for community input on these alternatives before
staff devotes time and resources to formulating a direction. He does not think a park is
practical. Outreach should be done now while the subject is fresh in the neighborhood's
mind.
Mr. Hutchins first believed it would be a decorative asset for entering the Town from the
Lark Avenue freeway exit. He does not think it should be a park.
Council Consensus:
That a park will not work at this location.
That the sale of the lot seems most appropriate.
That some limited perimeter landscaping be done to enhance the lot if sale is not imminent.
That first community input be solicited concerning the use of this lot.
That this is an asset of the whole Town and community input on its use should be sought.
BELOW MARKET PRICE HOUSING/PALMER DRIVE 203/RESOLUTION 1997-120 (08.19)
Mayor Benjamin stated that this was the time and place duly noted to consider the resale of
a BMP unit.
Council Consensus:
*Be very clear about selling to Los Gatos residents and employees who have lived,
worked and attended schools here.
*Devise points for the number of years in Town.
*Look at the whole program and see how it can benefit the people of Los Gatos.
*Put the subject on the agenda for the January Workshop.
Motion by Mrs. Lubeck, seconded by Mr. Hutchins, that council approve purchase of
Below Market Price housing Unit at 203 Palmer at $143,200; authorize budget adjustments
in the fiscal impact related to both the purchase of a fixed asset and the resale of that asset
at a loss not-to-exceed $38,305; and that Council adopt Resolution 1997-120 entitled,
RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER
TO EXECUTE Documents REQUIRED TO PURCHASE AND SELL A BELOW MARKET
PRICE HOUSING UNIT AT 203 PALMER DRIVE, and that a priority be set to search for
Los Gatos residents who could benefit from this program and the purchase of this unit.
Carried unanimously.
634 N. SANTA CRUZ DEMOLITION/OFFICE BUILDINGS/RESOLUTION 1997-118 (14.09)
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Mayor Benjamin had requested reconsideration of Item 14 which was agreed to
unanimously by Council.
Proposal for Mitigation of Demolition of Pre-1941 Structure:
At the meeting of October 6, 1997, Mrs. Benjamin had asked that certain historic elements
of the structure be recorded in writing, photograph or actuality, and be made available for
others' information and use, preferably but not necessarily, at the project site. This was not
included in the resolution and she asked Council to add the following section at this time:
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634 N. SANTA CRUZ DEMOLITION/OFFICE BUILDINGS
Proposal for Mitigation of Demolition of Pre-1941 Structure Continued:
"The demolition permit is approved conditioned on the applicant following all of the
recommendations for demolition, salvage and documentation contained in Conclusion and
Recommendation #4 of the Report (which is already defined in the resolution as the
Historical and Architectural Evaluation of 634 N. Santa Cruz Ave.), that a placard be placed
in a conspicuous place on or in the replacement structure regarding the historic nature of
the residence, that a display be placed in the lobby of the replacement structure with
artifacts from the residence, and that the location, appearance and contents of the placard
and the display be subject to the Town's approval."
After discussion Mrs. Benjamin changed her motion to the following:
Motion by Mrs. Benjamin, seconded by Mr. Hutchins, that a photograph and plaque
relating to the history of the structure be placed by the contractor. Motion failed by 2 ayes
to 3 nays.
Council Discussion: That Council consider this subject at a future date and address these
issues. When buildings are being demolished that the contractor be responsible for
preserving part of the history of the site by creating a display of pictures, written history,
artifacts and a plaque. That a brochure be developed listing these historic elements of the
Town. That we consciously attempt to preserve the history of these sites. That we attempt
to weave the fabric of history at the locations we are allowing the demolitions.
Motion by Mrs. Lubeck, seconded by Mr. Blanton, that Council adopt Resolution
1997-118 entitled, RESOLUTION OF THE TOWN OF LOS GATOS GRANTING APPEAL OF
A DECISION OF THE PLANNING COMMISSION DENYING AN APPLICATION TO
DEMOLISH A PRE-1941 RESIDENCE, AND DENYING APPEAL OF DECISION OF THE
PLANNING COMMISSION DENYING AN ARCHITECTURAL AND SITE APPLICATION,
AND REMANDING TO THE PLANNING COMMISSION FOR FURTHER CONSIDERATION
THAT ARCHITECTURAL AND SITE APPLICATION TO CONSTRUCT A NEW RETAIL AND
OFFICE BUILDING ON PROPERTY ZONED C-1. PROJECT APPLICATION PRJ-97-040,
which confirms the Council action of October 6, 1997. Carried unanimously. Mrs. Benjamin
requested that the Clerk change her no vote, which addressed the mitigation proposal, to a
yes, in support of the project.
COUNCIL MEETING SCHEDULE/1997-98 AMENDMENT (19.10)
Motion by Mrs. Lubeck, seconded by Mr. Attaway, to amend Town
Council/Redevelopment Agency Meeting Schedule for 1997-98 Fiscal year cancelling the
October 27, 1997 study session previously set to discuss the equipment replacement
policy. Carried unanimously.
COUNCIL REPORTS (20.10)
Jan Hutchins reported on the Vasona Light Rail Corridor meeting. Staff recommendation
was to accept the less expensive configuration in downtown San Jose and that strong
lobbying is continuing on both sides of the issue.
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ADJOURNMENT
Motion by Mr. Blanton, seconded by Mr. Hutchins, that this evening's meeting be
adjourned at 9:32 p.m. Carried unanimously.
CLOSED SESSION
Orry Korb, Town Attorney, announced at 10:25 p.m. that Closed Session had been
continued following the Council meeting, and that no action was taken.
ATTEST:Marian V. Cosgrove, Town Clerk
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