M 12-07-93TOWN OF LOS GATOS
CALIFORNIA
TOWN COUNCIL/PARKING AUTHORITY
December 7, 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 7:32 p.m., Monday, December 7, 1992, in regular
session.
PLEDGE OF ALLEGIANCE
Given by all in attendance.
ROLL CALL
Present:Randy Attaway, Steven Blanton, Eric Carlson,
Brent Ventura and Mayor Joanne Benjamin.
Absent:None.
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 the following:
Town v. PG&E, et al. Town has settled litigation against PG&E and Beatrice Co. This
litigation arose out of the contamination of the Town's property which has been developed
for Parking Lot 4. The case was settled for payment to the Town of $720,000. In addition, in
the context of this litigation the Town was able to define more specifically the contaminants
that were present on the lot, ultimately to the Town's benefit, saving between $800,000 and
$1,000,000.
Town v. Haley Appraisal. Town announced settlement of this litigation. This litigation was
commenced in connection with the Town's deferred compensation plan. Town recovered
$40,000 against the appraiser. There are remaining aspects of litigation against other
defendants whom the Town believes may have also been involved in this matter and have
responsibilities for it.
Town v. Zaloumis, et al. Also related to the deferred comp. plan. There was discussion of a
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settlement proposal which may be successful as against another defendant. Details will be
announced in the future.
Pursuant to Government Code Section 54957 regarding a Personnel, Council reports the
announcement of an interim Town Attorney whose responsibilities will begin on January 2,
1993. Jim Jackson will take this position until a permanent Town Attorney can be selected.
Mr. Jackson was the City Attorney for Sacramento for 23 years, and held a variety of other
public posts before that time. It is a real honor to the Town to welcome him in this interim
status.
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UNION AVE 15521/DOWNING CENTER/TACO BELL/APPEAL/RESOLUTION 1992-215
(01.09)
Motion by Mr. Carlson, seconded by Mr. Attaway, that Council adopt Resolution 1992-215
entitled, RESOLUTION OF THE TOWN OF LOS GATOS REMANDING TO THE
PLANNING COMMISSION A REQUEST FOR APPROVAL OF PLANS FOR EXTERIOR
MODIFICATIONS TO INCLUDE A DRIVE THROUGH WINDOW AND PERMISSION TO
OPERATE A TACO BELL RESTAURANT IN THE DOWNING CENTER ON PROPERTY IN
THE C-1 ZONE AT 15521 UNION AVENUE, ARCHITECTURE AND SITE APPLICATION
S-92-14 AND CONDITIONAL USE PERMIT APPLICATION U-92-11, which incorporates
findings and decisions by the Town Council at its meeting of November 16, 1992. Carried
unanimously.
BLOSSOM HILL ROAD 615/APARTMENT CONVERSION TO CONDOS/APPEAL DENIAL
RESOLUTION 1992-216 (02.09)
Motion by Mr. Carlson, seconded by Mr. Attaway, that Council adopt Resolution 1992-216
entitled, RESOLUTION OF THE TOWN OF LOS GATOS APPROVING A DECISION OF
THE PLANNING COMMISSION DENYING A REQUEST FOR APPROVAL TO CONVERT
54 APARTMENT UNITS TO CONDOMINIUMS ON PROPERTY IN THE RM:5-12 ZONE,
CONDITIONAL USE PERMIT APPLICATION U-75-3A AND ZONE CHANGE
APPLICATION Z-92-5, which incorporates findings and decisions by the Town Council at
its meeting of November 16, 1992.
ELECTION RESULTS/CERTIFICATION/GENERAL MUNICIPAL ELECTION
RESOLUTION 1992-217 (04.22)
Motion by Mr. Carlson, seconded by Mr. Attaway, that Council adopt Resolution 1992-217
entitled, RESOLUTION OF THE TOWN OF LOS GATOS CERTIFYING ELECTION
RESULTS FOR THE NOVEMBER 3, 1992 GENERAL MUNICIPAL ELECTION. Carried
unanimously.
TOWN ATTORNEY/INTERIM SERVICES/CONTRACT/RESOLUTION 1992-218 (05.10)
Motion by Mr. Carlson, seconded by Mr. Attaway, that Council adopt Resolution 1992-218
entitled, RESOLUTION OF THE TOWN OF LOS GATOS APPROVING THE AGREEMENT
WITH JIM JACKSON FOR REPRESENTING THE TOWN AS INTERIM TOWN
ATTORNEY. Carried unanimously.
TOWN ATTORNEY/KATHERINE ANDERTON/COMMENDATION
RESOLUTION 1992-219 (06.10)
Motion by Mr. Carlson, seconded by Mr. Attaway, that Council adopt Resolution 1992-219
entitled, RESOLUTION OF THE TOWN OF LOS GATOS COMMENDING KATHERINE
ANDERTON FOR SERVICE TO THE TOWN OF LOS GATOS AS TOWN ATTORNEY.
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Carried unanimously.
GREENRIDGE TERRACE 16070/APPEAL DECISION OF SCC HEALTH OFFICER
RESOLUTION 1992-220 (03.09)
Mayor Benjamin stated that this was the time and place duly noted to consider denial of
appeal of Santa Clara County Health Officer's decision concerning a possible health hazard
at 16070 Greenridge Terrace.
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GREENRIDGE TERRACE CONT.
The following person from the audience spoke regarding this issue:
Sue Fish, 16070 Greenridge Terrace, reasserted the need for Council's help in dealing with
this issue as it pertains to the Health Officer's decision.
No one else from the audience addressed this topic.
Motion by Mr. Carlson, seconded by Mr. Attaway, that Council adopt Resolution 1992-220
entitled, RESOLUTION OF THE TOWN OF LOS GATOS DENYING AN APPEAL OF A
DECISION OF THE HEALTH OFFICER OF SANTA CLARA COUNTY IN INTERPRETING
THE REQUIREMENTS OF TOWN CODE SECTIONS 22.20.025, 22.20.040, 22,20,045
AND 22.30.050 RELATED TO PRIVATE SEWAGE DISPOSAL SYSTEMS AND DENYING
APPELLANTS' REQUEST FOR REHEARING, which incorporates findings and decisions by
the Town Council at its meeting of November 16, 1992. Carried by a vote of 4 ayes. Mr.
Ventura voted no feeling that the neighborhood concerns regarding this situation had not
been considered.
NATIONAL AVE 15400/OFFICE BUILDING/RESOLUTION 1992-221 (06A.09)
Mayor Benjamin stated that this was the time and place duly noted to consider the adoption
of a resolution correcting clerical error in Resolution 1991-88 denying appeal of Planning
Commission approval of Architecture and Site Application S-67-58A requesting approval for
the construction of a new medical and general office building at 15400 National Ave.
The following people addressed Council concerning this issue:
Norm Matteoni, 1740 Technology Drive, San Jose, Attorney for the project, spoke for the
development and the costs anticipated by the developers during the previous discussions
with the Town.
Barry Swenson, 701 N. 1st St., San Jose, asked Council to reconsider the need for a traffic
light at that location, and stated his preference and reasons for not installing a light.
Luke Stamos, representing Ruth and Going, Inc., stated that he had been unaware of these
costs until they had been brought forth for this evenings meeting.
There was no one else to address Council on this issue.
Statements by Council:
Mr. Carlson recalled his disapproval of this project except for the fact that the project would
generate the installation of the traffic light. He stated his recollection of the traffic signal
being a requirement for getting approval for the project.
Mrs. Benjamin recalled discussion regarding the driveways and was of the opinion that a
traffic light was not necessary at that location.
Mr. Ventura recalled the clear definition of a traffic signal before Council that evening in the
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minutes of the Planning Commission's decisions. He stated the need to reclarify the
previous decision of Council and Planning Commission, and explained that as the project
proceeds the arguments for or against a light in that location can be readdressed.
Mr. Attaway agreed that the requirement for the traffic light was clearly defined in the
Planning Commission's decisions.
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NATIONAL AVE. CONT.
Motion by Mr. Carlson, seconded by Mr. Ventura, that Council adopt Resolution 1992-221
entitled, RESOLUTION OF THE TOWN OF LOS GATOS CORRECTING CLERICAL ERROR
IN RESOLUTION 1991-88 DENYING APPEAL OF PLANNING COMMISSION
APPROVAL OF ARCHITECTURE AND SITE APPLICATION S-67-58A REQUESTING
APPROVAL FOR THE CONSTRUCTION OF A NEW MEDICAL AND GENERAL OFFICE
BUILDING. Carried unanimously.
MINUTES OF NOVEMBER 2, 1992 (07A.V)
Motion by Mr. Blanton, seconded by Mr. Carlson, that Council approve the Minutes of
November 2, 1992 as submitted. Carried unanimously.
MINUTES OF NOVEMBER 16, 1992 (07B.V)
Motion by Mr. Blanton, seconded by Mr. Carlson, that Council approve the Minutes of
November 16, 1992 as submitted. Carried unanimously.
HOUSING ASSISTANCE/MANAGEMENT PERSONNEL (08.10)
Council considered adopting a housing assistance policy for key Town employees.
Statements from Council:
Mr. Carlson had requested discussion of this subject and a proposal for a Town Policy. He
felt that the Town should address the need for such a policy and the delineation of the
possible options that the Town could be comfortable with. His feeling is that in these hard
economic times, the money that can be saved by employing skilled and competent
managers far outweighs the small costs associated with housing assistance.
Mr. Blanton requested further discussion and consideration of this subject and asked that
very clearly defined criteria be described within the policy if Council decided to adopt one.
Mr. Attaway would prefer to leave this subject open for negotiation with the individual
parties that may be hired by the Town in management positions.
Mrs. Benjamin preferred to keep the options on this issue open to Council discretion and
not have a set policy that would assume assistance for every managerial appointment.
The following people from the audience addressed the Council:
Sibyl Titus, 88 Prospect Ave., broker with Cornish and Carey, spoke against the Town
adopting a housing assistance policy for management staff.
Judy Wallace, 68 Ellenwood Ave., owner of the Cotton Works downtown, spoke against the
allocation of funds for housing assistance and requested Town spend more money on the
downtown area trash receptacles
Richard Gaines, 340 Johnson Ave., disagreed with the proposed policy and felt that the
salaries offered and our location were enough to attract good employees.
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Alice Hansen, 17611 Foster Rd., spoke on the individual need of this policy as it regards
the police chief at this time. Her evaluation of the community involvement of the police
department under the direction of the present chief supported the proposal for this
individual's housing assistance.
Jo Bartlett, 166 Oak Hill Way, agrees with the housing assistance concept but felt that the
individual contract could have been handled differently by Council.
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HOUSING ASSISTANCE CONT.
Speakers continued:
Sam Yablonsky, 132 Tait Ave., disagrees with a housing assistance policy and feels that
salaries should be made adequate enough to pay for a home in Town.
Kathy Morgan, 142 Wheeler, spoke in favor of housing assistance as a recruitment factor
needed to bring in competent management staff for the Town.
No one else from the audience addressed Council on this subject.
Motion by Mr. Carlson, seconded by Mr. Ventura, that Council adopt a policy for providing
housing assistance to no more than five department head employees at any one time; that
the options shall be only loan options; that the total amount shall be no more than 5% of
Town's investment funds. Mr. Carlson and Mr. Ventura withdrew their motion and second
due to lack of support.
HOUSING ASSISTANCE/CHIEF OF POLICE/LARRY TODD/RESOLUTION 1992-222 (09.10)
Mayor Carlson stated that this was the time and place duly noted to consider adopting a
resolution authorizing Town Manager to execute a loan agreement with the Chief of Police,
Larry J. Todd, for housing assistance.
The following people from the audience addressed the Council on this issue:
Paul Rossen, 17681 Foster Road, inquired about the insurance policy on the life of the
police chief in relation to the repayment of the loan.
Steve Rice, 54 Alpine Ave., commented on the tax liability of the insurance policy upon
collection by beneficiary.
Ted Simonson, 220 Highland Terrace, spoke regarding the need to maintain the ambiance
of the Town, which includes the Town employees living and participating in the life and
activity of the Town, which necessitates living in the Town. He also expressed his desire to
see the present chief extended the loan so that he might be able to live in Town.
Carol Musser, 232 Loma Alta, spoke in support of the loan to the present police chief, and
felt that the investment by the Town in this form of loan was a sound business investment.
No one else from the audience spoke regarding this issue.
Motion by Mr. Carlson, seconded by Mr. Ventura, that Council adopt Resolution 1992-222
entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN
MANAGER TO EXECUTE A LOAN AGREEMENT WITH THE CHIEF OF POLICE, LARRY
J. TODD, FOR HOUSING ASSISTANCE, with the amendment that the insurance be
provided by the employee. Carried by a vote of 4 ayes. Mr. Blanton voted no stating that
this issue should have the opportunity to be noticed and addressed in a public forum.
OATH OF OFFICE/INTRODUCTION/TOWN CLERK/MARIAN V. COSGROVE
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Mayor Joanne Benjamin introduced and Deputy Clerk, MarLyn Rasmussen administered the
Oath of Office to the Elected Town Clerk, Marian V. Cosgrove, for term to expire November
1996.
OATH OF OFFICE/INTRODUCTION/TOWN TREASURER/GEOFFREY LAMB
Mayor Joanne Benjamin introduced and Town Clerk, Marian Cosgrove administered the
Oath of Office to the Elected Town Treasurer, Geoffrey Lamb, for term to expire November
1996.
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OATH OF OFFICE/INTRODUCTION/TOWN COUNCILMEMBERS
LINDA LUBECK/PATRICK O'LAUGHLIN
Mayor Joanne Benjamin introduced and Town Clerk, Marian Cosgrove administered the
Oath of Office to the Elected Councilmembers, Linda Lubeck and Patrick O'Laughlin, for
terms to expire November 1996.
ROLL CALL
Present:Randy Attaway, Steven Blanton, Linda Lubeck,
Patrick O'Laughlin and Mayor Joanne Benjamin.
Absent:None.
COMPUTER PURCHASE/WOLF COMPUTER/RESOLUTION 1992-223 (10.28)
Motion by Mr. Attaway, seconded by Mr. Blanton, that Council adopt Resolution 1992-
223 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN
MANAGER TO RELEASE TWO VENDORS FROM BID RESPONSE AND PURCHASE
THREE PERSONAL COMPUTERS AND THREE DISPLAYS FROM WOLF COMPUTER IN
AN AMOUNT NOT TO EXCEED $14,500. Carried unanimously.
SCHEDULE OF PUBLIC HEARINGS (11.01)
Informational report regarding currently scheduled public hearings was received and filed.
COUNTY REFERRALS (12.47)
Motion by Mr. Attaway, seconded by Mr. Blanton, recommended action concerning
County Referrals:
Projects Outside Urban Service Area:
Referral #Location Applicant Request
Recommendation
1886 18951 Bear Creek Rd.Anderson Variance Approval
Special Permit
Carried unanimously.
PLANNING COMMISSION/PLANNING DEPARTMENT MONTHLY STATUS REPORT (13.47)
Informational report regarding activity of Planning Commission and Department was
received and filed.
COUNCIL CALENDAR OF MEETINGS (14.10)
Informational item presenting future Town Meetings for Council and other Town Boards and
Commissions was received and filed.
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SCHEDULE OF COUNCIL MEETINGS/REVISED (15.10)
Motion by Mr. Attaway, seconded by Mr. Blanton, that Council approve the Revised
Town Council Meeting Schedule for 1992-93 Fiscal Year. Carried unanimously.
PAYROLL/RATIFICATION/OCTOBER-NOVEMBER 1992 (16.V)
Motion by Mr. Attaway, seconded by Mr. Blanton, that Council ratify the accompanying
check registers for payroll of October 25 through November 7, 1992 in the amount of
$453,163.38 paid on November 25, 1992. Carried unanimously.
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ACCOUNTS PAYABLE/RATIFICATION/NOVEMBER 1992 (17.V)
Motion by Mr. Attaway, seconded by Mr. Blanton, that Council ratify accompanying check
registers for accounts payable invoices in the amount of $1,245,305.45 paid on November
12, 13, 20 and 25, 1992. Carried unanimously.
QUARTERLY BUDGET REPORT/1992-93 (18.06)
Motion by Mr. Attaway, seconded by Mr. Blanton, that the quarterly revenue report for
the period of July 1 through September 30, 1992 be accepted and filed. Carried
unanimously.
9301 PROJECT/ANNUAL STREET RESURFACING/COMPLETION NOTICE (19.35)
Motion by Mr. Attaway, seconded by Mr. Blanton, that Council approve the Certificate of
Acceptance and Notice of Completion for Project 9301-Annual Street Resurfacing; approve
increase in budget by $10,270 for Account No. 4480-85300 to be funded from Gas Tax Fund
balance; and increase Purchase Order No. 93017 with Graham Construction from $200,122
to $210,392. Carried unanimously.
CLAIM REJECTION/DENISE SHUEY (20A.01)
Motion by Mr. Attaway, seconded by Mr. Blanton, that Council reject the claim of Denise
Shuey filed with the Town Clerk on October 29, 1992. Carried unanimously.
CLAIM REJECTION/JUDITH KELLEY (20B.01)
Motion by Mr. Attaway, seconded by Mr. Blanton, that Council reject the claim of Judith
Kelley filed with the Town Clerk on October 29, 1992. Carried unanimously.
CUSTODIAL SERVICES/CONTINUED/RESOLUTION 1992-224 (22.28)
Motion by Mr. Attaway, seconded by Mr. Blanton, that Council approve the continuation
of interim custodial services, and adopt Resolution 1992-224 entitled, RESOLUTION OF
THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO EXECUTE AN
AGREEMENT FOR CONTRACTUAL CUSTODIAL SERVICES. Carried unanimously.
CIVIL LIABILITY/MAYER & REEVES/POLICE DEPARMENT/RESOLUTION 1992-225 (23.07)
Motion by Mr. Attaway, seconded by Mr. Blanton, that Council adopt Resolution 1992-
225 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN
MANAGER TO EXECUTE AN AGREEMENT WITH LAW OFFICERS OF MAYER AND
REEVES TO REVIEW THE POLICE DEPARTMENTS CIVIL LIABILITY EXPOSURE.
Carried unanimously.
MRI SERVICES/RESOLUTION 1992-226 (25.12)
Motion by Mr. Attaway, seconded by Mr. Blanton, that Council adopt Resolution 1992-
226 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN
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MANAGER TO SIGN AN AGREEMENT WITH LOS GATOS MRI FOR WORKERS'
COMPENSATION MRI SERVICES. Carried unanimously.
UNDERGROUND SERVICE ALERT/U.S.A./RESOLUTION 1992-227 (26.28)
Motion by Mr. Attaway, seconded by Mr. Blanton, that Council adopt Resolution 1992-
227 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN
MANAGER TO ENTER INTO AN AGREEMENT FOR MEMBERSHIP IN (U.S.A.)
UNDERGROUNDING SERVICE ALERT. Carried unanimously.
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VERBAL COMMUNICATIONS
Street Name Change/Station Way
Phil Brouwer, owner of Accent on Rugs, 10 Station Way, spoke of the historic nature of the
name Station Way for the old Southern Pacific Right-of-Way. He is not in favor of the new
proposal Calle De Los Gatos.
Robert Brouwer, owner of building at 160 West Main Street, added additional information
regarding the historic nature of the naming of Station Way. He also pointed out that the
name Station Way is used in the descriptive maps of the Downtown Historic District.
Midpeninsula Open Space District
Pete Siemens, 69 Ellenwood Ave., welcomed the new Council members and introduced
himself as the new representative for the Open Space District from Ward I. Requested a
letter of resolution from the Council regarding open space property giving access to the
Sierra Azule tract from the Lexington site. Brought forth the suggestion that Town work on
the ISTEA funds that may be available for trail widening along the freeway right-of-ways.
HEARINGS
WINCHESTER BLVD/NORTH OF BLOSSOM HILL/GENERAL PLAN AMENDMENT GP-92-4/
ZONE CHANGE Z-92-4/NEGATIVE DECLARATION ND-92-2/PUBLIC HEARING (28.46)
Mayor Benjamin stated that this was the time and place duly noted for public hearing to
consider zone change designation of properties on Winchester Blvd. north of Blossom Hill
Rd. and south of Pleasant View from Office Profession to Medium Density residential 5-12
units per acre.
The following people from the audience spoke to this issue:
Jim Zanardi, 1641 S. Kennedy, owner of property within the area proposed for zone
change, representing the following people: Paul Harosama, owner of Green Thumb
Nursery; The Mattiuz Family, owners of three parcels on Winchester Blvd.; spoke regarding
traffic on this road not being conducive to residential living; mix of residential, professional
offices and light industrial does not lead to a residential neighborhood community; and feels
that the Town will be downgrading the area.
Martin Dermer, 255 Marchmont Drive, suggested that the first five lots going north from
Farley be designated office and the rest of the lots to Pleasant View be designated
residential.
Frank Rosso, 15860 Winchester, also representing Miss Blanch Cicero of 15670
Winchester Blvd., strongly oppose the proposed zone change from professional offices to
residential.
Art Dias, Bruce Ave., opposes the change as a 30 year resident of this area.
No one else from the audience addressed this issue.
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Motion by Mr. Attaway, seconded by Mr. Blanton, that Council close the public hearing.
Carried unanimously.
Motion by Mr. Attaway, seconded by Mr. O'Laughlin, to not adopt the proposed General
Plan Amendment for the following reasons: residential atmosphere cannot be recreated in
this area; professionals prefer not to rent space surrounded by apartments; neighborhood
protection is absent at night with adjoining darkened office buildings; commercial use
contiguous with residential use is always tends to create problems; traffic is non conducive
to residential safety; Carried unanimously.
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HEARINGS CONTINUED
WINCHESTER BLVD. CONT.
Mrs. Lubeck requested that staff review rezoning the last two parcels closest to Pleasant
View R:1-8 and including the apartments across from Bruce Ave. in the adjacent residential
zone.
N SANTA CRUZ AVE/N OF ANDREWS/S OF BLOSSOM HILL/GENERAL PLAN
AMENDMENT GP-92-5/DOWNTOWN SPECIFIC PLAN AMENDMENT DSP-92-1/ZONE
CHANGE Z-92-3/NEGATIVE DECLARATION ND-92-2/RESOLUTION 1992-228 (29.46)
Mayor Benjamin stated that this was the time and place duly noted for public hearing to
consider amendment to Land Use Element of the General Plan and Downtown Specific Plan;
zoning change designation of properties on N. Santa Cruz Ave. north of Andrew Street and
south of Blossom Hill Road from Service Commercial to Neighborhood Commercial.
The following people from the audience spoke to this issue:
Ed Stahl, 110 Twin Oaks, agrees with the C-1 zone for this area, and feels that market
forces should control the development which would give the area a good mix of businesses.
Richard Gaines, 340 Johnson Ave., feels that the present zones should remain as they are
until the whole General Plan is reviewed and studied at one time.
John Heindall, 646 N. Santa Cruz, is in favor of the neighborhood commercial zone
change.
No one else from the audience addressed this issue.
Motion by Mr. Attaway, seconded by Mr. Blanton, to close the public hearing. Carried
unanimously.
Motion by Mr. Attaway, seconded by Mr. O'Laughlin, that Council find that the General
Plan Amendment and Downtown Specific Plan Amendments are internally consistent with
the General Plan.
Motion by Mr. Attaway, seconded by Mr. O'Laughlin, that Council adopt Resolution
1992-228 entitled, RESOLUTION OF THE TOWN OF LOS GATOS RECOMMENDING
AMENDMENTS TO THE GENERAL PLAN AND DOWNTOWN SPECIFIC PLAN TO
CARRY OUT THE IMPLEMENTATION MEASURES FOR AREAS 8 & 9 OF THE
COMMERCIAL SPECIFIC PLAN COMMITTEE'S FINAL REPORT. Carried unanimously.
Motion by Mr. Blanton, seconded by Mr. Attaway, to waive the reading of the Draft
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Ordinance. Carried unanimously. The Town Clerk read the Title of the Draft Ordinance.
Motion by Mr. Attaway, seconded by Mrs. Lubeck, that Council introduce Draft
Ordinance entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE
ZONING MAPS NO. 126 & 139 FROM LM TO C-1 FOR SPECIFIC PROPERTIES
LOCATED ALONG NORTH SANTA CRUZ AVENUE SOUTH OF BLOSSOM HILL ROAD
AND NORTH OF ANDREWS STREET. Carried unanimously.
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HEARINGS CONTINUED
NORTH SANTA CRUZ CONT.
The next motions occurred after the hearing following them.
Motion by Mr. Blanton, seconded by Mr. Attaway, that Council reconsider the previous
motion. Carried unanimously.
Motion by Mr. Blanton, seconded by Mr. Attaway, that Council amend the resolution
previously adopted by deleting the following sentence from the Neighborhood Commercial
section: "To maintain a strong tax base and further the goals of pedestrian orientation,
ground floor commercial space with street frontage should be reserved for retail uses in the
Downtown area." Carried unanimously.
OFFICE SPACE ON FIRST FLOOR PROHIBITED/C-1 ZONE/DOWNTOWN SPECIFIC PLAN
AMENDMENT DSP-92-2/TOWN CODE AMENDMENT A-92-7/NEGATIVE DECLARATION
ND-92-2/PUBLIC HEARING (30.46)
Mayor Benjamin stated that this was the time and place duly noted for public hearing to
consider amendment to Downtown Specific Plan and zoning regulations in the C-1 zone that
would prohibit new professional office uses on the first floor of commercial space with
business street frontage.
The following person from the audience spoke regarding this subject:
Milt Nicholas, 629 N. Santa Cruz Ave., not in favor of prohibition of office space due to the
none pedestrian nature of this area which is not conducive to first floor retail sales.
No one else from the audience addressed this issue.
Motion by Mr. Blanton, seconded by Mr. Attaway, to close the public hearing. Carried
unanimously.
Motion by Mr. Blanton, seconded by Mr. Attaway, that Council consider not totally
prohibiting office space on the ground floor in the C-1 Zone, but to limit the office space by a
numerical formula according to a floor area ratio which would provide flexibility for property
owners and would provide a further mix to the businesses in the area. The pedestrian
nature of this area could possibly be developed at a future time after thought for general
economic stability has been reviewed. Carried unanimously.
WEEDS DECLARED A NUISANCE/PUBLIC HEARING/RESOLUTION 1992-229 (31.27)
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Mayor Benjamin stated that this was the time and place duly noted for public hearing to
consider the declaration of weeds being a nuisance.
There was no one from the audience to address this issue.
Motion by Mr. Attaway, seconded by Mr. Blanton, to close this public hearing. Carried
unanimously.
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HEARINGS CONTINUED
WEEDS CONTINUED
Motion by Mrs. Lubeck, seconded by Mr. O'Laughlin, that Council adopt Resolution 1992-
229 entitled, RESOLUTION OF THE TOWN OF LOS GATOS OVERRULING OBJECTIONS
AND ORDERING ABATEMENT OF WEEDS AS A PUBLIC NUISANCE. Carried
unanimously.
OVERLOOK ROAD 18507/DRIVEWAY LOCATION/SORIA/APPEAL (32.09)
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 approving a request for approval
of plans to construct a new single-family residence on property in the R-1:12,000 zone,
Architecture and Site Application S-90-47A. Property located at 18507 Overlook Road.
Property owner, Ed Burke. Appellant, William J. Soria.
The following people from the audience spoke to this issue:
Lou Dorcich, Architect for the project, described the history of the project and asked for
Council's consideration.
Ed Burke, 16717 La Mirado Road, explained his plans and project and how they had
communicated the plans to the neighbor.
No one else from the audience addressed this issue.
Motion by Mr. O'Laughlin, seconded by Mrs. Lubeck, to continue with the hearing in
consideration of the time that has already been devoted to this project. Carried by a vote of
4 ayes. Mr. Attaway voted no stating that he felt the appellant should be given a chance to
present his views to Council.
Motion by Mr. Attaway, seconded by Mr. Blanton, to close this public hearing. Carried
unanimously.
Motion by Mr. Blanton, seconded by Mr. O'Laughlin, that Council uphold the Planning
Commission's decision in approving the application to construct a single-family residence.
Carried unanimously.
TREASURER'S REPORT
Informational report submitted by the Treasurer to the Council for the month of October
1992, was received and filed.
WEDGEWOOD AVE/ABANDONMENT (34.08)
Motion by Mr. Attaway, seconded by Mr. Blanton, that Council direct staff to start process
December 7, 1992
Los Gatos, California
to vacate that portion of Wedgewood Avenue between the Southern Pacific Transportation
Company right-of-way and the Route 85 right-of-way. Carried unanimously.
Motion by Mr. Attaway, seconded by Mrs. Lubeck, that Council refer this matter to the
Planning Commission for a finding of consistency with the General Plan. Carried
unanimously.
December 7, 1992
Los Gatos, California
BUSINESS LICENSES & REGULATIONS/TOWN CODE AMENDMENTS (35.05)
Motion by Mr. Blanton, seconded by Mr. Attaway, to waive the reading of the Draft
Ordinance. Carried unanimously. The Town Clerk read the Title of the Draft Ordinance.
Motion by Mr. Attaway, seconded by Mr. Blanton, that Council introduce Draft Ordinance
entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING BUSINESS LICENSE
FEES. Carried unanimously.
PLANNING COMMISSION/SIZE/TERMS OF OFFICE/APPOINTMENTS (36.20)
Mayor Benjamin stated that this was the time and place duly noted to consider introduction
of ordinance amending section 20.20.015 of the Town Code setting the composition,
appointment, and terms of office for members of the Planning Commission.
Discussion revolved around setting the membership at five or seven; the possibility of
drawing lots for the seats; inquiring of the commission as to any who may be anticipating
resigning; reducing the Commission to seven but allowing it to remain at eight until the time
of next resignation; allow the Commission to reduce itself by attrition and not make
appointments until such time as it reaches seven, this concept to be accomplished by a
consensus vote of Council that seven will be the appropriate number to adopt when it can be
accomplished in an agreeable manner. Town Attorney pointed out that the Council has no
obligation to fill a vacancy on a commission and that resolution could be made by Council to
establish a seven member board at such time as attrition in the current commission takes
place.
Consensus of Council to return this item for further consideration at the January 4, 1992
meeting. Carried unanimously.
Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council will conceptually establish
the Planning Commission at seven members and request staff to inquire of the present
members if there are any who may be planning on resigning in the near future. Carried
unanimously.
CONFLICT OF INTEREST CODE/BUSINESS IMPROVEMENT DISTRICT ADDED (37.18)
Motion by Mrs. Lubeck, seconded by Mr. Attaway, to waive the reading of the Draft
Ordinance. Carried unanimously. The Town Clerk read the Title of the Draft Ordinance.
Motion by Mr. Blanton, seconded by Mr. Attaway, that Council introduce Draft Ordinance
entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING DIVISION 4,
SECTION 2.30.6010 RELATING TO CONFLICT OF INTEREST CODE. Carried
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unanimously.
HEALTH OFFICER'S DECISIONS/TOWN CODE AMENDMENT (38.46)
Motion by Mr. Blanton, seconded by Mrs. Lubeck, to waive the reading of the Draft
Ordinance. Carried unanimously. The Town Clerk read the Title of the Draft Ordinance.
Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council introduce Draft Ordinance
entitled, ORDINANCE OF THE TOWN OF LOS GATOS DELETING CODE OF THE TOWN
OF LOS GATOS SECTION 22.20.050, APPEAL OF THE HEALTH OFFICER. Carried
unanimously.
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Los Gatos, California
9314 PROJECT/BLOSSOM HILL STORM DRAIN/RESOLUTION 1992-230 (21.37)
Motion by Mr. Attaway, seconded by Mr. O'Laughlin, that Council approve transfer of
$100,000 to design and construct Blossom Hill storm drain from FY 93-94 to FY 92-93.
Carried unanimously.
Motion by Mr. Attaway, seconded by Mr. O'Laughlin, that Council approve increase in
budget for Blossom Hill Storm Drain from $100,000 to $204,000. Carried unanimously.
Motion by Mr. Attaway, seconded by Mr. O'Laughlin, that Council adopt Resolution
1992-230 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH BSI CONSULTANTS, INC. FOR THE DESIGN
OF PROJECT 9314 - BLOSSOM HILL STORM DRAIN. Carried unanimously.
CAREER CRIMINAL APPREHENSION PROGRAM/GRANT/RESOLUTION 1992-231 (24.07)
Motion by Mr. Attaway, seconded by Mr. Blanton, that Council adopt Resolution 1992-
231 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN
MANAGER TO SUBMIT A PROPOSAL TO THE OFFICE OF CRIMINAL JUSTICE
PLANNING FOR A CAREER CRIMINAL APPREHENSION PROGRAM GRANT. Carried
unanimously.
9313 PROJECT/REFORESTATION PHASE II/DOWNTOWN/RESOLUTION 1992-232 (27.27)
Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council adopt Resolution 1992-
232 entitled, RESOLUTION OF THE TOWN OF LOS GATOS APPROVING
SPECIFICATIONS FOR DOWNTOWN REFORESTATION PHASE II PROJECT 9313, and
deleting 5 - 15 gallon Redwood Trees in the Plaza and adding 2 London Planes which were
left off making it 19 - 15 gallon London Plane Trees. Carried unanimously.
ADJOURNMENT
Motion by Mr. Attaway, seconded by Mr. Blanton, that Council adjourn this evening's
meeting at 11:26 p.m. Carried unanimously.
ATTEST:
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December 7, 1992
Los Gatos, California
Marian V. Cosgrove
Town Clerk
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