M 11-02-92TOWN OF LOS GATOS
CALIFORNIA
TOWN COUNCIL/PARKING AUTHORITY
NOVEMBER 2, 1992
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, November 2, 1992, in regular
session.
ROLL CALL
Present:Randy Attaway, Joanne Benjamin, Steven Blanton,
Brent N. Ventura and Mayor Eric D. Carlson.
Absent:None.
PLEDGE OF ALLEGIANCE
Given by all in attendance.
CLOSED SESSION (00.10)
Katherine Anderton, 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 regarding Haley Appraisal, et al, and Zaloumis, et al and received a status report
on both cases. In Babineau v. Town of Los Gatos the Council was informed of potential
settlement of the matter. In MidPeninsula Regional Open Space District v. Town of Los
Gatos some details of settlement proposals were discussed.
Pursuant to Government Code Section 54957, Personnel, Council discussed Housing
Assistance Personnel issue which will be continued in Closed Session after this evening's
meeting.
TOWN EMPLOYEES/YEARS OF SERVICE/COMMENDATIONS (000.43)
ART ROY
Mayor Carlson presented Town Employee, Art Roy, with a commendation and Key to the
Town for his dedicated and committed thirty year service to our Town in the Police
Department. Mr. Roy expressed his thanks for this recognition of his outstanding service.
NEIL HAWKINS
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Mayor Carlson presented a Town commendation to Neil Hawkins for his fifteen year service
on the Los Gatos Reserve Program. Mr. Hawkins thanked the Town for this recognition.
MOBILE HOME COUNCIL COMMITTEE/COMMENDATIONS/KRAUS/MIRASSOU (XX.43)
Mayor Carlson presented commendations for outstanding service on the Mobile Home
Council Committee to two members who devoted much time and energy to this project and
the resulting ordinance. Mr. William Kraus and Mr. Gerald Mirassou received their
commendations from the Mayor and expressed their thanks to the Town.
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SCHEDULE OF PUBLIC HEARINGS (01.01)
Informational report regarding currently scheduled public hearings was received and filed.
COUNTY REFERRALS (02.47)
Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council approve the
recommended action concerning County Referrals:
Referral # Location Applicant Request
Recommendation
Projects Outside Urban Service Area:
3766 16904 Sheldon Rd.Hartman Design Review Approval
Status of Previous Referrals/Appeals:
2913 Tourney Rd.DePalma Design Review N/A
Grading Permit & Modification
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
Commissions was received and filed.
PAYROLL/RATIFICATION/OCTOBER 1992 (05.V)
Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council ratify the accompanying
check registers for payroll of September 27 through October 10, 1992 in the amount of
$217,923.26 paid on October 16, 1992. Carried unanimously.
ACCOUNTS PAYABLE/RATIFICATION/OCTOBER 1992 (06.V)
Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council ratify accompanying
check registers for accounts payable invoices in the amount of $467,654.85 paid on October
16, 22 and 23, 1992. Carried unanimously.
RETIREMENT FUNDS RELEASED/GARY WOLFINGER (07.02)
Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council authorize the release of
Mr. Wolfinger's retirement fund at his request. Carried unanimously.
GIS/GEOGRAPHIC INFORMATION SYSTEM/PERMIT TRACKING SYSTEM/RFP (10.28)
Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council approve issuance of
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Request for Proposal relating to a Geographic Information and Permit Tracking System.
Carried unanimously.
GEMINI COURT/TRACT 8439/COMPLETION NOTICE (11.33)
Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council authorize the Mayor to
execute and the Town Clerk to record a Certificate of Acceptance and Notice of Completion
for Tract 8439 - Gemini Court. Carried unanimously.
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PARK COMMISSION/APPOINTMENTS/BRIAN STANNARD/EDWARD WU (13.20)
Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council affirm Student Park
Commissioner appointments for Brian Stannard and Edward Wu. Carried unanimously.
JOSHUA GRAFTON/PARK COMMISSION/COMMENDATION/RESOLUTION 1992-197
(14A.20)
Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council adopt Resolution 1992-
197 entitled, RESOLUTION OF THE TOWN OF LOS GATOS COMMENDING JOSHUA
GRAFTON. Carried unanimously.
AIMEE ELIZABETH LOEWENSTERN/PARK COMMISSION/COMMENDATION
RESOLUTION 1992-198 (14B.20)
Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council adopt Resolution 1992-
198 entitled, RESOLUTION OF THE TOWN OF LOS GATOS COMMENDING AIMEE
ELIZABETH LOEWENSTERN. Carried unanimously.
WEED ABATEMENT PROGRAM/PUBLIC NUISANCE DECLARATION
RESOLUTION 1992-199 (15.27)
Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council adopt Resolution 1992-
199 entitled, RESOLUTION OF THE TOWN OF LOS GATOS DECLARING WEEDS A
PUBLIC NUISANCE AND PROVIDING FOR THEIR ABATEMENT. Carried unanimously.
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM/RESOLUTION 1992-200 (16.19)
Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council adopt Resolution 1992-
200 entitled, RESOLUTION OF THE TOWN OF LOS GATOS APPROVING COMMUNITY
DEVELOPMENT BLOCK GRANT CONTRACT BETWEEN THE COUNTY OF SANTA
CLARA AND THE TOWN OF LOS GATOS FOR FISCAL YEAR 1992-93 AND
AUTHORIZING EXECUTION OF AGREEMENT. Carried unanimously.
PROMOTIONAL EVENTS/AUTOMOBILE DEALERS/ORDINANCE 1922 (18.46)
Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council adopt Ordinance 1922
entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONING
ORDINANCE TO PERMIT NEW PROVISIONS CONCERNING SPECIAL/PROMOTIONAL
EVENTS FOR AUTOMOBILE DEALERS, which was introduced at the Council meeting of
October 19, 1992. Carried unanimously.
HEARINGS
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TRAFFIC IMPACT MITIGATION FEES/HEARING (19.46)
Mayor Carlson stated that this was the time and place duly noted for public hearing to
consider adoption of resolution revising Town-Wide Traffic Impact Mitigation Fees.
There was no one from the audience to address this issue.
Mr. Ventura spoke for the record concerning the need to augment the traffic mitigation fund
so as to improve critical intersections and divert traffic from residential neighborhoods. New
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HEARINGS CONTINUED
TRAFFIC IMPACT MITIGATION FEES CONT.
developments, which will be adding to existing traffic problems, must be asked to pay the
costs necessary for mitigating the impacts their projects will impose upon the established
neighborhoods and community. Proposed fees for small retail businesses should be
reduced. Large developments, particularly office buildings and shopping centers and other
businesses with high peak hour traffic should pay higher fees than those proposed.
Motion by Mr. Blanton, seconded by Mrs. Benjamin, to continue this public hearing to
February 1, 1993. Carried unanimously.
NINO AVE/PREFERENTIAL PARKING/SOCCER FIELD USE IMPACT
MITIGATION MEASURES/HEARING (20.42)
Mayor Carlson stated that this was the time and place duly noted for public hearing to
consider preferential parking at Nino, Mitchell, George, Albert and Roberts Roads.
The following people from the audience spoke to this issue:
Fred Klepinger, 500 Nino, spoke regarding the need for parking control in this area during
the soccer impact times.
Brian Floyd, 109 Hilow, addressed the safety issues involved in parents dropping off
children and driving away to find parking in another area.
Charlotte Inman, 16345 Los Gatos Blvd., would like signs and traffic director rather than
preferential parking.
Chris Eagen, 15955 Stephanie Lane, is in favor of street parking, not preferential, because
that would lead to children having to cross major arteries like Los Gatos Blvd. to get to the
games.
Mark Wagner, 100 Albert Crt., is in favor of instituting a parking district for the Nino/Albert
area.
Ira Holtman, 920 Cherrystone Drive, would like to see access to street parking remain,
stating that preferential parking may institute further requests at other well used recreation
areas.
Ned Zuparko, 15443 Corinne Drive, spoke of the 1,500 children served by the soccer
league and the use of the other school sites for other sports events. These sites are all
widely used and there is not room to move games from one to another. The league has
already agreed to eliminate the Sunday games but this makes Saturdays more heavily used.
Jim Barth, 18237 Constitution Ave., M.S., asked that public parking remain as is.
Pat Jones, 520 Nino Ave., asked again for preferential parking on Nino.
Paul Zebb, 25977 Highland Drive, does not want to limit parking and restrict the ability of
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the children to participate in the soccer league.
Edward Nino, 16345 Los Gatos Blvd. #51, does not feel that Calvary Baptist Church is
feasible for parking due to the danger involved in that many children crossing Los Gatos
Blvd.
No one else from the audience addressed this issue.
Motion by Mr. Blanton, seconded by Mr. Attaway, that Council close the public hearing.
Carried unanimously.
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HEARINGS CONTINUED
NINO AVE/PREFERENTIAL PARKING CONT.
Mr. Blanton spoke in favor of a parking director being on site to direct traffic to appropriate
parking sites.
Mr. Attaway did not feel that preferential parking was the solution, but that the athletic
leagues should police themselves in providing direction to available parking out side the Nino
Ave. neighborhood.
Mrs. Benjamin favored the staff report and asked that a sub committee be formed, upon
which she would serve, along with representatives from the School District, the Leagues, the
neighboring districts, the Recreation Department and the Nino Ave. residents. She
commended the parent involvement in the league events and suggested the use of flexible
scheduling.
Mr. Ventura spoke in favor of preferential parking and the need for this particularly
impacted area to be granted some relief immediately.
Mayor Carlson suggested traffic direction to available parking and supported the need for a
sub-committee.
Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council form a subcommittee
composed of Mr. Blanton and Mrs. Benjamin to work with the school district, neighborhood
groups that have been before Council, and the Athletic League to work out a solution to this
problem, and to not try preferential parking until this alternative has been investigated.
Carried by a vote of 4 ayes. Mr. Ventura voted no for reasons stated previously.
PINE AVE 17161/NIELSEN/APPEAL/HEARING (21.09)
Mayor Carlson stated that this was the time and place duly noted for public hearing to
consider appeal of a decision of the Planning Commission to deny a request to modify
previous approvals granted for the construction of a single-family residence in the R-1:8000
zone. Architecture and Site Application S-91-35A. Property located at 17161 Pine Avenue.
Property owner/Appellant, Jim Nielsen.
The following people from the audience spoke to this issue:
Jim Nielsen, 17161 Pine Ave., asked Council to grant appeal to keep the attic storage area
that had been created in his home due to a design change in eliminating a cathedral ceiling.
James Jones, 17151 Pine Ave., spoke in favor of the project and the approval of the
neighborhood for the change in interior design. This change does not add space that would
lend impact to the neighborhood.
No one else from the audience addressed this issue.
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Motion by Mr. Blanton, seconded by Mr. Ventura, to close the public hearing. Carried
unanimously.
Motion by Mr. Blanton, seconded by Mrs. Benjamin, to overturn the Planning
Commission decision finding that it erred in not considering that this modification does not
change the scale, mass and exterior appearance of the building , nor does it add to intensity
of use. Additionally the neighbors are in favor of the modification and do not feel impacted
by it.
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HEARINGS CONTINUED
PINE AVE CONT.
Motion failed by a vote of 3 no votes and 2 ayes. Mr. Attaway, Mr. Ventura and Mayor
Carlson voting no. Mr. Attaway could make exceptions on size, scale and mass but could
not approve going over the FAR guidelines. Mr. Ventura could not support the motion due to
the major effort put into establishing the FAR guidelines and not wanting to establish a
precedent for loop holes in the formula. Mayor Carlson agreed with the previous speakers
that FAR was an absolute maximum and the leeway could be established in lowering the
FAR but not in going over the FAR, "usable floor space."
Motion by Mr. Attaway, seconded by Mr. Ventura, to uphold the Planning Commission's
decision and deny Architecture and Site Application S-91-35A. Carried by a vote of 3 ayes.
Mr. Blanton and Mrs. Benjamin voting no.
MINUTES OF OCTOBER 19, 1992 (22.V)
The Clerk will be making an amendment to pages 10 and 11 by adding a comma after the
word "availability" in the last sentence of the motions and ordinances of the 4 Historic
Districts.
Motion by Mr. Ventura, seconded by Mr. Attaway, to approve the Minutes of October 19,
1992 as submitted. Carried unanimously.
TREASURER'S REPORT/SEPTEMBER 1992 (23.V)
Informational report submitted by the Treasurer to the Council for the month of September
1992 was received and filed.
RETIREMENT BENEFITS/PERS/2% AT 55/ORDINANCE INTRODUCTION (24.10)
Motion by Mrs. Benjamin, seconded by Mr. Ventura, that Council waive the reading of the
Draft Ordinance. Carried unanimously. The Town Clerk read the Title of the Draft
Ordinance.
Motion by Mrs. Benjamin, seconded by Mr. Ventura, that Council introduce Draft
Ordinance entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING
CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC
EMPLOYEES' RETIREMENT SYSTEM AND THE TOWN OF LOS GATOS TO PROVIDE
FOR A 2% AT 55 RETIREMENT BENEFIT. Carried unanimously.
WATER EFFICIENT/LANDSCAPE/ORDINANCE INTRODUCTION (25.37)
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Motion by Mr. Attaway, seconded by Mayor Carlson, that Council find that the draft
ordinance is consistent with the Ordinance of the Town declaring the existence of a condition
of water shortage and providing for mandatory reductions in and specified prohibitions of
water use. Carried unanimously.
Motion by Mr. Attaway, seconded by Mayor Carlson, that Council waive the reading of
the Draft Ordinance. Carried unanimously. The Town Clerk read the Title of the Draft
Ordinance.
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WATER EFFICIENT LANDSCAPING CONT.
Motion by Mr. Ventura, seconded by Mr. Carlson, that Council introduce Draft Ordinance
entitled, ORDINANCE OF THE TOWN OF LOS GATOS ESTABLISHING REQUIREMENTS
FOR WATER EFFICIENT LANDSCAPING. Carried unanimously.
BID LISTS/COUNCIL POLICY (26.10)
Motion by Mr. Attaway, seconded by Mr. Blanton, that staff will annually conduct a
revision of the departments bid lists and delete any bidders found unacceptable and contact
any additional companies staff believes should be added to its bid lists. Carried
unanimously.
DEAD ANIMAL/PICK-UP PROGRAM/MAINTENANCE (08.28)
Due to Santa Clara County budget cuts, animal control services have been reduced and
Santa Clara County Animal Control will no longer pick-up dead animals outside its
jurisdiction. Leaving the dead animals on our streets is not acceptable and the Town will
need to provide for this service. West Valley Sanitation District has suggested picking up the
dead animals in conjunction with providing street sweeping in the District. This would be
funded by putting the cost on annual tax assessment bills. Mrs. Benjamin requested
direction from Council so as to have a report to the Sanitation District when she next attends
the District meeting.
Motion by Mr. Blanton, seconded by Mayor Carlson, that Council authorize the
expenditure of $12,000 for the dead animal pick up program. Staff to return to Council with
suggestions for funding other than from the Economic Reserve for Uncertainty. Carried
unanimously.
Motion by Mr. Ventura, seconded by Mayor Carlson, that Mrs. Benjamin discuss the
possibilities with the Sanitation District of establishing a nexus to allow animal pickup,
including looking for alternative agencies to provide this service. Carried by a vote of 3 ayes.
Mr. Attaway and Mr. Blanton voted no stating that within reason maintenance and
emergency services should remain within our own community, for when given away these
services become much more costly to run by outside agencies, and the Town loses control
over the service quality.
PARKING/LOT 4/GRAND OPENING/8805 PROJECT (09.35)
Motion by Mr. Blanton, seconded by Mr. Attaway, that Council authorize expenditures of
up to $7,000 for Parking Lot 4 Grand Opening. Carried by a vote of 4 ayes. Mrs. Benjamin
voted no stating that the expenditure seemed excessive at this time. Mayor Carlson voted in
the affirmative but noted for the record that the BID and Chamber should have funded the
marketing program.
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CALLE DE LOS GATOS/PARKING/LOT 4/8805 PROJECT
SOUTHERN PACIFIC RIGHT-OF-WAY/STREET NAMING (12.35)
Motion by Mr. Blanton, seconded by Mr. Attaway, that Council approve the name Calle
De Los Gatos as the street name for the former Southern Pacific right-of-way from Main
Street to Andrews and keeping the name of Industrial Way from Andrews to Blossom Hill
Road. Failed by a vote of 3 nos to 2 ayes. Mrs. Benjamin, Mr. Ventura and Mayor Carlson
asking for more participation by the business community regarding this issue and clarification
of Town's historic street naming policy.
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CALLE DE LOS GATOS CONT.
Motion by Mrs. Benjamin to continue this item for 2 weeks and ask for input from
Chamber of Commerce returning to Council with recommendation. Motion died for lack of
second.
Motion by Mr. Blanton, seconded by Mrs. Benjamin, that the business community along
the right-of-way be contacted by mail for their input on the question of naming this parking
area between Main and Andrews and staff return to Council with report of survey November
16, 1992. Carried unanimously.
PLANNED DEVELOPMENT/SHORT ROAD/BLOSSOM AND SHANNON/RESOLUTION
SHADY LANE/SUBDIVISION/ENVIRONMENTAL IMPACT REPORT/EIR (17.09)
Mr. Attaway requested that the words in Section B., Second Paragraph, under "Resolved" be
reconsidered and reworded. They read as follows: "....the project appears to have the
potential for many significant environmental effects which may not be reduced to an
acceptable level even by conditioning the project on performance of the mitigation measures
identified in the EIR;...". Mr. Attaway did not suggest new words at this time but would like to
bring this item back in two weeks for further input on this section.
Motion by Mrs. Benjamin, seconded by Mayor Carlson, that Council adopt the proposed
Resolution. Motion failed with 2 ayes and 3 nos.
Mayor Carlson stated that by consensus, Council will continue this item to November 16,
1992 at which time the language Mr. Attaway mentioned will be considered.
ADJOURNMENT
Motion by Mr. Ventura, seconded by Mr. Attaway, that at 9:46 p.m. Council adjourn this
meeting to Closed Session as announced at the opening of this evening's meeting. Carried
unanimously.
ATTEST:
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Marian V. Cosgrove
Town Clerk
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