M 04-20-92TOWN OF LOS GATOS
CALIFORNIA
TOWN COUNCIL/PARKING AUTHORITY
April 20, 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 7:39 p.m., Monday, April 20, 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.
TRAFFIC AUTHORITY/MEASURE "A" STRATEGIC PLAN/PRESENTATION (00.44)
Will Kempton, Executive Director of Santa Clara County Traffic Authority presented the
update and strategic plan assumptions for Measure "A". Mayor Carlson requested staff
prepare a commendation from the Town to Will Kempton for his time and efforts devoted to
this project.
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 accept the City and
County referrals as follows:
REFERRAL #LOCATION APPLICANT REQUEST REC.
Projects Inside Urban Service Area:
5228-34-51-92DR 14963 Kennedy Rd Pucci Design Review
Approval
Projects Located in Other Cities:
EIR-91-02 Campbell City of Campbell EIR None
Carried unanimously.
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PAYROLL/RATIFICATION/MARCH 1992 (03.V)
Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council ratify the accompanying
check registers for payroll of March 15 through March 28, 1992 in the amount of
$203,314.59 paid on April 3, 1992. Carried unanimously.
ACCOUNTS PAYABLE/RATIFICATION/MARCH 1992 (04.V)
Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council ratify accompanying
check registers for accounts payable invoices in the amount of $343,189.82 paid on April 3
and April 10, 1992. Carried unanimously.
CODE ENFORCEMENT/REFERRALS TO TOWN ATTORNEY (05.47)
Informational item received and filed.
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CODE COMPLIANCE/QUARTERLY REPORT (06.47)
Informational report from the Code Compliance Officer regarding abatement of code
violations was received and filed.
CLAIM REJECTION/JILL SCHWINN (07.01)
Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council reject the claim of Jill
Schwinn filed March 6, 1992 with the Town Clerk. Carried unanimously.
CIGARETTE TAX/AB 3213/LETTER OF OPPOSITION (09.05)
Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council authorize the Mayor to
forward a letter to Senator Morgan opposing Assembly Bill 3213. Carried unanimously.
SOLID WASTE MANAGEMENT/HOUSEHOLD HAZARDOUS WASTE
SOURCE REDUCTION/RECYCLING ELEMENT (10.07)
Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council authorize staff to
distribute state mandated solid waste management and household hazardous waste plans
as the draft Source Reduction and Recycling Element and draft Household Hazardous
Waste Element. Carried unanimously.
WORKER'S COMPENSATION PROGRAM/ADMINISTRATION PROPOSALS (11.10)
Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council authorize staff to solicit
proposals for Worker's Compensation Insurance Administration. Carried unanimously.
A PLACE FOR TEENS/SHAZAM '92 (12.23)
Informational report regarding fund raising event called Shazam '92, on Sunday, August 1,
1992 on the front lawn at Los Gatos High School.
SIDEWALK SALES 1992/CHAMBER OF COMMERCE (13.23)
Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council grant the Chamber's
request subject to the following: food booths shall comply with Santa Clara County Health
Department requirements; there shall be no sale or consumption of alcoholic beverages;
amplified music shall not exceed the noise levels contained in the noise ordinance; and the
dates of the remaining two scheduled sidewalk sales shall be submitted to staff by May 1,
1992. Carried unanimously.
PROPERTY TAX REVENUES/SPECIAL DISTRICTS/AB 3214/RESOLUTION 1992-59 (14.05)
Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council adopt Resolution 1992-
59 entitled, RESOLUTION OF THE TOWN OF LOS GATOS OPPOSING ASSEMBLY
BILL 3214 AND THE GOVERNOR'S PROPOSAL TO SHIFT PROPERTY TAX REVENUES
AWAY FROM THE ENTERPRISE ACTIVITIES OF SPECIAL DISTRICTS. Carried
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unanimously.
LIBRARY/CLASSIFICATION PLAN/AMENDMENT/RESOLUTION 1992-60 (15.44)
Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council adopt Resolution 1992-
60 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AMENDING THE POSITION
AND CLASSIFICATION PLAN. Carried unanimously.
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8805 PROJECT/PARKING/LOT 4/GEOMATRIX/AGREEMENT/RESOLUTION 1992-61
(16.35)
Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council adopt Resolution 1992-
61 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING TOWN
MANAGER TO AMEND THE CONTRACT WITH GEOMATRIX CONSULTANTS,
INCORPORATED FOR CONSULTING SERVICES FOR PARKING LOT 4. Carried
unanimously.
COWELL ROAD #4/ANNEXATION/RESOLUTION 1992-62 (19.04)
Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council adopt Resolution 1992-
62 entitled, RESOLUTION OF THE TOWN OF LOS GATOS APPROVING THE
ANNEXATION OF CERTAIN UNINHABITED TERRITORY DESIGNATED AS COWELL
ROAD #4 TO THE TOWN OF LOS GATOS. Carried unanimously.
TOWN PROPERTY/BENICIA, CA/REAL ESTATE SALE/RESOLUTION 1992-63 (20.44)
Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council adopt Resolution 1992-
63 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING CUPERTINO
NATIONAL BANK TO EXECUTE DOCUMENTS NECESSARY FOR SALE OF TOWN
PROPERTY AT 817 I STREET, BENICIA CALIFORNIA, amended to include the figures of
$172,500 to $175,000 as suggested sale price. Carried unanimously.
KNOWLES DR 555/NME HOSPITALS/MEDICAL OFFICES/RESOLUTION 1992-64 (22.09)
Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council adopt Resolution 1992-
64 entitled, RESOLUTION OF THE TOWN OF LOS GATOS MODIFYING DECISION OF
THE PLANNING COMMISSION DENYING A REQUEST FOR APPROVAL OF PLANS TO
CONSTRUCT A 59,864 SQ. FT. MEDICAL OFFICE FACILITY IN THE "O" ZONE,
ARCHITECTURE AND SITE APPLICATION S-90-9A AND NEGATIVE DECLARATION
ND-90-9, which incorporates Council's decision and findings made on April 6, 1992.
Carried by a vote of 4 ayes. Mayor Carlson abstained.
FILING FEE/ELECTED OFFICES/ORDINANCE 1898 (23.22)
Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council adopt Ordinance 1898
entitled, ORDINANCE OF THE TOWN OF LOS GATOS ESTABLISHING A FILING FEE TO
BE PAID BY CANDIDATES FOR THE ELECTED OFFICES OF THE TOWN OF LOS GATOS,
which was introduced at the meeting of April 6, 1992. Carried by a vote of 3 ayes. Mayor
Carlson and Mr. Ventura abstained.
HEARINGS
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ROBERTS RD 17020/FISHER JUNIOR HIGH/GTE MOBILNET/WAGNER/APPEAL (24.09)
Mayor Carlson stated that this was the time and place duly noted for public hearing to
consider an appeal of a decision of the Planning Commission approving a request for
permission to install a cellular transceiver facility to include a 35-foot high free standing
monopole and an approximately 200 sq. ft. emergency generator structure on a site adjacent
to Highway 17 in the R-1:8000 zone. Conditional Use Permit Application U-92-2. Property
located at 17020 Roberts Road. Property owner, Los Gatos Union School District (Fisher
Junior High School). Applicant, GTE Mobilnet of California. Appellant, Mark G. Wagner.
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HEARINGS CONTINUED
ROBERTS ROAD CONT.
Motion by Mr. Attaway, seconded by Mrs. Benjamin, that Council remand this application
to the Planning Commission for public hearing and action after initial study and
environmental review is completed by staff. Carried unanimously.
Staff commented that the hearing can be as early as June or as late as September, and that
all information submitted to Council up to now will remain part of the record.
ZONING ORDINANCE AMENDMENT/A-92-3/OFFICE USE/HEARING (25.47)
Mayor Carlson stated that this was the time and place duly noted for public hearing to
consider an amendment to the Town Code to prohibit office uses on the ground floor of
buildings along streets in the Central Business District. Zoning Ordinance Amendment A-92-
3. Applicant, Town of Los Gatos.
No one from the audience addressed this issue.
Motion by Mr. Ventura, seconded by Mrs. Benjamin, that Council close the public
hearing. Carried unanimously.
Motion by Mr. Attaway, seconded by Mr. Blanton, that draft resolution be amended to
allow office activities along alleyways, and if present office use is discontinued and retail
commenced, office use shall not be permitted to resume at a later time in that location.
Motion failed to carry with 2 ayes. Mrs. Benjamin, Mr. Ventura and Mayor Carlson voted no
stating that the Commercial Specific Committee had studied this item and the Committee's
proposal incorporating a financial study should be tried first to see if it is successful. This
study had shown that office leasing drives rents up eliminating the viability of retail rental.
The Town's objective is to have residential service and retail businesses on ground floor to
generate a shopping area convenient for pedestrians, and still allow for office use on second
floor to insure cost effectiveness of the building.
Motion by Mr. Ventura, seconded by Mrs. Benjamin, that Council find that the Zoning
Ordinance Amendment is consistent with the General Plan and Downtown Specific Plan.
Carried by a vote of 3 ayes. Mr. Attaway and Mr. Blanton voted no.
Motion by Mr. Ventura, seconded by Mrs. Benjamin, that Council waive the reading of the
draft ordinance. The Town Clerk read the title of the draft ordinance. Carried unanimously.
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Motion by Mr. Ventura, seconded by Mrs. Benjamin, that Council introduce Draft
Ordinance entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE
ZONING ORDINANCE OF THE TOWN CODE CONCERNING APPEALS PROHIBITING
OFFICE USES ON THE GROUND FLOOR ALONG STREETS IN THE CENTRAL BUSINESS
DISTRICT. Carried by a vote of 3 ayes. Mr. Attaway and Mr. Blanton voted no feeling alleys
could allow office and the 180 consecutive day condition for discontinued office use was too
restrictive.
ZONING ORDINANCE AMENDMENT CONT.
Mr. Ventura stated for the record that this is a novel approach and if it does not work as
intended then reconsideration would be in order, but it is important enough, and could have
long term benefits, to put in place and see if it works in practice.
SANTA CRUZ AVE N 575/LA MANCHA/KLER & ASSOC/RESOLUTION 1992-65 (21.09)
Motion by Mrs. Benjamin, seconded by Mr. Ventura, that Council adopt Resolution 1992-
65 entitled, RESOLUTION OF THE TOWN OF LOS GATOS MODIFYING A DECISION OF
THE PLANNING COMMISSION TO DENY A REQUEST FOR APPROVAL OF PLANS TO
CONSTRUCT A 5,100 SQ. FT. COMMERCIAL BUILDING ON .37 ACRES OF PROPERTY
IN THE LM ZONE. NEGATIVE DECLARATION ND-91-9 AND ARCHITECTURE AND
SITE APPLICATION S-91-47, which incorporates Council's decision and findings made on
April 6, 1992 and includes the following amendments: "That the Town Council granted the
appeal in part, and modified the decision of the Planning Commission in part,
finding that the Planning Commission erred in denying the project due to
constraints not necessarily under its control, remanding the project to the Commission
for review and decision on a project re-design to focus on creating a roof line consistent with
the height and design of adjacent structures, to consider using wood or other alternative
materials for exterior siding in order to soften the appearance but to avoid using
metal window frames and door frames if possible, developing a design consistent with
the Town's historic heritage, and ensuring that a tree comparable in growth rate and size to
an evergreen be planted in the rear parking area as a screen for the residential neighbors."
Carried by a vote of 4 ayes. Mayor Carlson abstained.
The following person from the audience addressed this issue:
Lenard Lane, representing La Mancha developments, asked Council to reconsider the
Resolution on the agenda this evening and to make amendments which he felt had been
explicit in Council's determination at its previous meeting.
No one else from the audience addressed this issue.
ROUTE 85/LANDSCAPING DESIGN (08.38)
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Motion by Mr. Ventura, seconded by Mrs. Benjamin, that Council approve the Route 85
conceptual landscaping design and that Councilmember Ventura and staff represent the
Town in discussions with the Traffic Authority to further work out the details of the
landscaping plan as it effects Los Gatos. Carried unanimously.
Joel Maniachi, Deputy Director for the Traffic Authority, spoke regarding the monitoring of
the area where the detention pond exists stating the need to develop a percolation pond
under direction of the water district and the non-probability of the area becoming a soccer
field or other recreational facility.
MINUTES OF APRIL 6, 1992 (26.V)
Motion by Mrs. Benjamin, seconded by Mr. Attaway,that Council approve the Minutes of
April 6, 1992 as submitted. Carried by a vote of 4 ayes. Mayor Carlson abstained.
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RESIDENTIAL DESIGN GUIDELINES (27.47)
Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council have staff distribute the
Design Guidelines for review by the Board of Realtors, Chamber of Commerce, residential
developers, and architects who have done business with the Town in the last 12 months,
and request comments to be returned in writing by June 15, 1992, at which time verbal input
will also be received by Council. Clarify language regarding conformity within historic
districts and have the sub-committee work on this clarification. This item continued to June
15, 1992 for further consideration. Carried unanimously.
Motion by Mr. Attaway, seconded by Mrs. Benjamin, that the Historic Preservation
Committee immediately begin consideration of historic designation districts reflecting a
variety of styles consistent with the architectural styles identified and defined in the Town's
historic districts study. Carried unanimously.
DEVELOPMENT REVIEW COMMITTEE/APPEALS/ORDINANCE INTRODUCTION (28.46)
Motion by Mrs. Benjamin, seconded by Mr. Attaway, that Council waive the reading of the
draft ordinance. The Town Clerk read the title of the draft ordinance. Carried unanimously.
Motion by Mrs. Benjamin, seconded by Mr. Attaway, that Council introduce Draft
Ordinance entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE
ZONING ORDINANCE OF THE TOWN CODE CONCERNING APPEALS FROM
DECISIONS BY THE DEVELOPMENT REVIEW COMMITTEE. Carried unanimously.
STORM WATER MANAGEMENT PROGRAM/WEST VALLEY SANITATION
DISTRICT/RESOLUTION 1992-66 (29.37)
Motion by Mr. Attaway, seconded by Mr. Ventura, that Council direct Mrs. Benjamin to
meet with the Director of the Sanitation District, regarding Town views on this issue. Carried
unanimously.
Motion by Mr. Attaway, seconded by Mr. Ventura, that Council adopt Resolution 1992-66
entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH WEST VALLEY SANITATION DISTRICT FOR
THE STORM WATER MANAGEMENT PROGRAM, with the amendment that the Town
would review the management of the program yearly. Carried by a vote of 4 ayes. Mr.
Blanton voted no stating that the fee is an increase which the public should have the
opportunity to speak to and that the contract should be structured for annual review by the
Town.
Motion by consensus, that Council direct Mr. Blanton to meet with Assemblyman
Quakenbush regarding Town views on this issue.
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The following people spoke regarding this issue:
Bob Montonye, representing the Chamber of Commerce, requested fees not be open
ended, that the meetings be locally held and that this agreement be subject to an annual
review.
Mrs. Benjamin stated that it was a set fee and the meetings are noted and agendized and
held locally on Camden and Dell Ave.
Jeff Johns, Executive Officer the Los Gatos-Saratoga Board of Realtors, suggested
contract be changed to remove the automatic renewal allowing the District to contact the
Town annually for recommitment to the program.
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APPEALS/REMAND TO PLANNING COMMISSION/ZONING ORDINANCE/A-92-4 (30.46)
Motion by Mr. Ventura, seconded by Mr. Attaway, that Council waive the reading of the
draft ordinance. The Town Clerk read the title of the draft ordinance. Carried unanimously.
Motion by Mr. Ventura, seconded by Mr. Attaway, that Council introduce Draft Ordinance
entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING SECTIONS
29.20.295 AND 29.20.300 TO ALLOW THE COUNCIL TO REMAND APPEALED
APPLICATIONS TO THE PLANNING COMMISSION AND CLARIFY WHEN FINDINGS
OF ERROR ARE REQUIRED. Carried unanimously.
SANTA CLARA COUNTY'S PARK/CHARTER AMENDMENT/RESOLUTION 1992-67 (17.25)
Motion by Mr. Blanton, seconded by Mr. Ventura, that Council adopt Resolution 1992-67
entitled, RESOLUTION OF THE TOWN OF LOS GATOS IN SUPPORT OF BALLOT
MEASURE OF JUNE, 1992 ELECTION TO EXTEND SANTA CLARA COUNTY'S PARK
CHARTER AMENDMENT. Carried unanimously.
Consensus motion by Mr. Blanton that staff write to County Parks requesting notification
of proposed projects to be done with in the boundaries of the Town. That staff notify County
of Town's discontent over lack of notification and opportunity to address proposals. Carried
unanimously.
Mr. Ventura, addressed the problems within the operation of the county park at Vasona
and conflicts between Town's Oak Meadow Park and asked staff to do an analysis of this
situation with in the next ninety days to cover at study session with Parks Commission.
WEST VALLEY OPEN DOORS CORPORATION/MID-PENINSULA HOUSING/PARR AVE
RESOLUTION 1992-68 (18.19)
Motion by Mr. Ventura, seconded by Mr. Attaway, that Council adopt Resolution 1992-68
entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN
MANAGER TO EXECUTE A SUBORDINATION AGREEMENT AND AGREEMENT TO
SUBORDINATE IN FAVOR OF PROJECT LENDERS FOR THE BENEFIT OF THE OPEN
DOORS ASSOCIATES AFFORDABLE HOUSING DEVELOPMENT ON WEST PARR
AVENUE. Carried by a vote of 4 ayes. Mr. Blanton voted no.(quote Council all comments)
Mr. Blanton stated his concern with the subordinated CDBG funds and felt obligated to
require a more secure position for the taxpayer's funds, finding this sudden change in
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circumstances effecting the loan unexceptable.
Mr. Ventura reaffirmed the Council's commitment to affordable housing in Los Gatos and
reminded Council of its waiver of fees to encourage this project and grant of County funds to
the project so as to acquire this housing prioritized for Los Gatos residents. The first
proposal did not return CDBG funds whereas this proposal should return the funds for future
housing use.
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WEST VALLEY OPEN DOORS CONT.
Mr. Attaway is in support of the project and funding, but stated his objection to being
pressured at the last moment to enter this subordination agreement.
Mr. Carlson is also concerned with this evening's action but confirmed the excellent record
of accomplishment attributed to Mid-Peninsula Housing Coalition and noted that the sixty
four units gained in low income housing for the Town with this project is well worth the
Town's commitment of CDBG funds.
Mrs. Benjamin noted points well taken by each Councilmember, but in weighing the benefit
to the community she felt the project is still well worth the Council's commitment.
ADJOURNMENT
Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council adjourn this evening's
meeting at 9:42 p.m. to Closed Session immediately following Redevelopment Agency
Meeting. Carried unanimously.
ATTEST:
Kim Kolerus
Deputy Town Clerk
Marian V. Cosgrove
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Town Clerk
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