M 04-04-94TOWN OF LOS GATOS
CALIFORNIA
TOWN COUNCIL/PARKING AUTHORITY
April 4, 1994
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 7:46 p.m., Monday, April 4, 1994, in regular session.
ROLL CALL
Present:Joanne Benjamin, Steven Blanton, Linda Lubeck,
Patrick O'Laughlin and Mayor Attaway.
Absent:None.
PLEDGE OF ALLEGIANCE
Given by all in attendance.
CLOSED SESSION
Larry Anderson, Town Attorney, stated 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
Mc Nelly v. Town of Los Gatos, Santa Clara County Superior Court Case No. 729007. Case
concerning mobilehome rents and development of property at the corner of Saratoga Ave and
Highway 17. Case is in mediation with Justice Scott presiding. Negotiating and mediation strategies
were discussed with Council.
Pursuant to Government Code Section 54956.9(b)(2)(C), to discuss Threatened Litigation regarding
Claim of John Lien. Letter was received from Attorney, Barbara Spector, dated March 4, 1994,
indicating possibility of filing claim against the Town. Ramifications of filed claim and insurance
issues were discussed.
SCHEDULE OF PUBLIC HEARINGS (01.01)
Informational report regarding currently scheduled public hearings was received and filed.
COUNTY REFERRALS (02.47)
Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council approve staff recommendation on
County referral as follows:
Referral #Location Applicant Request
Recommendation
5516 15180 Blackberry Hill Rd. Harrell Design Review
Approval
Carried unanimously.
PLANNING COMMISSION/PLANNING DEPARTMENT MONTHLY STATUS REPORT (03.47)
Informational report regarding monthly activity of Planning Commission and Planning Department
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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.
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PAYROLL/RATIFICATION/MARCH 1994 (05.V)
Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council ratify the accompanying check
registers for payrolls of February 27 through March 12, 1994 in the amount of $279,776.87 paid on
March 18, 1994. Carried unanimously.
ACCOUNTS PAYABLE/RATIFICATION/MARCH 1994 (06.V)
Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council ratify accompanying check
registers for accounts payable invoices in the amount of $387,262.06 paid on March 16, 18 and 25,
1994. Carried unanimously.
MINUTES OF MARCH 21, 1994 (07A.V)
Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council approve the Minutes of March 21,
1994 as submitted. Carried unanimously.
MINUTES OF MARCH 28, 1994 (07B.V)
Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council approve the Minutes of March 28,
1994 as submitted. Carried unanimously.
PARK COMMISSION/TRAILS & BIKEWAYS COMMITTEE/APPOINTMENTS (08.20)
Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council affirm Planning and Park
Commission appointments to Trails and Bikeways Committee of Marcia Jensen, Lee Chase, Sandy
Decker, Jamie Mueller and Jason Barclay. Carried unanimously.
SISTER CITY/LIAOYANG/CHINA/ESTABLISHED (09.20)
Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council establish a Sister City relationship
with Liaoyang, China. Carried unanimously.
CREEK TRAIL/CORRIDOR AND DESIGN (10.25)
Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council accept and file report on Los
Gatos Creek Trail corridor and design considerations. Carried unanimously.
COMPUTER SYSTEMS/POLICE DEPT/SOUND AND SIGNAL INC (11.28)
Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council authorize the Town Manager to
accept bid from Sound and Signal Inc. for modification of the Centracom II Console in Police
Department Communications Center to accommodate Computer Aided Dispatch (CAD) System using
Police Department Computer System Project Contingency Fund. Carried unanimously.
BAY AREA AIR QUALITY MANAGEMENT DISTRICT/RESOLUTION 1994-52
SOUTH BAY CLEAN CITIES COALITION/TADLOCK GROUP CONSULTANTS (13..07)
Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council adopt Resolution 1994-52
entitled, RESOLUTION OF THE TOWN OF LOS GATOS TO AUTHORIZE TOWN
MANAGER TO ADOPT RESOLUTION TO EXECUTE AN AGREEMENT WITH THE
TADLOCK GROUP, CONSULTANTS TO THE SOUTH BAY CLEAN CITIES COALITION,
TO SUBMIT ON BEHALF OF THE TOWN A PROPOSAL TO BAY AREA AIR QUALITY
MANAGEMENT DISTRICT FOR AB 434 FUNDING. Carried unanimously.
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DEFERRED COMPENSATION PLAN/GREAT WESTERN BANK/RESOLUTION 1994-53 (14.12)
Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council adopt Resolution 1994-53
entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN
MANAGER TO SIGN A CONTRACT WITH GREAT WESTERN FOR ADMINISTRATION
OF TOWN DEFERRED COMPENSATION PLAN. Carried unanimously.
PREFERENTIAL PARKING DISTRICT/BACHMAN AVE/RESOLUTION 1994-54 (15.42)
Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council adopt Resolution 1994-54
entitled, RESOLUTION OF THE TOWN OF LOS GATOS AMENDING RESOLUTION 1992-
128 REMOVING 211 AND 221 BACHMAN AVENUE FROM THE PREFERENTIAL
PARKING DISTRICT. Carried unanimously.
MOBILEHOME RENTAL/TENANT-LANDLORD DISPUTES/ORDINANCE 1973 (17.16)
Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council adopt Ordinance 1973 entitled,
ORDINANCE OF THE TOWN OF LOS GATOS AMENDING ARTICLE 14.85 REGARDING
MOBILEHOME RENTAL AND OTHER TENANT/LANDLORD DISPUTES, which was
introduced at the Town Council meeting of March 7, 1994. Carried unanimously.
VERBAL COMMUNICATIONS:
Jo Bartlett, 166 Oak Hill Way, spoke regarding the fire hazard in the hills and the need for more
water pressure in the fire hydrants. Town Manager , Dave Knapp, responded that staff would check
on the issues raised and report to Council at the next meeting.
Mimi Whitney, 15075 Garden Hill Drive, spoke regarding a traffic sign in disrepair identifying a
cul-de-sac that does not have the access that speeding cars are looking for. She requested a more
visible sign located soon enough to warn drivers of the dead end.
HEARINGS
TRAFFIC MITIGATION FEES/REVISED PLAN/HEARING/RESOLUTION 1994-55 (18.46)
Mayor Attaway stated that this was the time and place duly noted for public hearing to consider
adopting a resolution revising town-wide traffic impact mitigation fees.
There was no one from the audience to speak on this issue.
Motion by Mrs. Benjamin, seconded by Mr. O'Laughlin, that Council close this public hearing.
Carried unanimously.
Motion by Mrs. Lubeck, seconded by Mr. O'Laughlin, that Council adopt Resolution 1994-55
entitled, RESOLUTION OF THE TOWN OF LOS GATOS AMENDING TRAFFIC IMPACT
MITIGATION FEES AND RESCINDING RESOLUTIONS 1990-144 AND 1993-134, with the
following additions: 1) exempt new secondary units of 600 sq. ft or less; 2) walk in impulse shops
such as yogurt shops, juice bars, donut shops etc.. will be considered to be specialty retail for purposes
of the traffic mitigation fee. Carried unanimously.
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HEARINGS CONTINUED
OFFICE USE/GROUND FLOOR/A-92-3A/ORDINANCE INTRO/HEARING (19.46)
Mayor Attaway stated that this was the time and place duly noted for public hearing to consider
introduction of an ordinance to amend Section 29.60.320(4) of the Town Code to permit ground floor
office uses on streets, alleyways or parking lots where they are presently not allowed. This matter will
not have a significant impact on the environment, and is therefore exempt from the requirements of
the California Environmental Quality Act. Zoning Ordinance Amendment A-92-3A. Applicant: Bret
Hancock.
There was no one to speak on this item from the audience.
Motion by Mrs. Benjamin, seconded by Mr. Blanton, to close the public hearing. Carried
unanimously.
The Town Clerk read the title to the Draft Ordinance.
Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, to waive the reading of the Draft Ordinance.
Carried unanimously.
Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, that Council introduce Draft Ordinance
entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONING
ORDINANCE OF THE TOWN CODE TO PERMIT GROUND FLOOR OFFICE USES ON
STREETS, ALLEYWAYS OR PARKING LOTS WHERE THEY ARE PRESENTLY NOT
ALLOWED, with findings that the amendment is consistent with the General Plan and the
Downtown Specific Plan. Carried unanimously.
GENERAL PLAN AMENDMENT/ROUTE 85/RESOLUTION 1994-56/HEARING (20.46)
Mayor Attaway stated that this was the time and place duly noted for public hearing to consider
adoption of a resolution amending the General Plan regarding land use policy for future development
of property in the area along Route 85 generally bounded by Lark Avenue, National Avenue, Capri
Drive, Winchester Boulevard and the northern Town limits. Other amendments are proposed to
incorporate environmental mitigation measures and ensure the General Plan is internally consistent
and these amendments would apply throughout Los Gatos. An Environmental Impact Report has been
prepared in compliance with the California Environmental Quality Act and will also be considered.
Mrs. Lubeck requested some corrections to the amendments from last meeting as follows: Exhibit A
to Attachment 1, in Sub-Area 3.3, the Central Core, on page 5-6, Policies 5.13, policy #3 should read,
"Development projects shall incorporate design features to buffer dwelling units from the visual and
noise impacts of Highway 17 and Highway 85."; Sub-Area 3.3, the Central Core, page 5-6, Policies
5.13, policy #1 should read, "Development shall be designed to take advantage of the amenities
offered by Los Gatos Creek and shall provide maximum access to the creek and Vasona Light Rail.";
Sub-Area 3.3, the Central Core, page 5-6, Implementation 5.14, policy #4 should delete a word in the
third line to read, "....along the east side of Los Gatos Creek from Lark Avenue to the northern Town
limits. These connections......."; Sub-Area 3.3, Central Core, Exhibit C, that the two properties on the
south east corner of the area which are used for church parking should remain zoned as medium
density residential and not office. Office had been designated at the last meeting but the maker of that
motion would like to change that designation at this time.
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HEARINGS CONTINUED
GENERAL PLAN AMENDMENT CONT.
The following people from the audience spoke to this issue:
Catherine Hoffman, 105 Garden Hill Dr., mentioned the following items in the proposed plan: Sub-
Area 3.3 Central Core, Policies 5.13, should have an item which is missing from the first draft
identifying the low density residential (the residential density has been shown on the corresponding
map for that area); Sub-Area 4.1 West of Los Gatos Blvd, Implementation 5.16, Item #3 complement
all existing businesses in the Town; Need a definition of "Destination Retail" in the amendment;
Add a limit to the amount of retail in Sub-Area 4.1 instead of relaying on traffic capacity; Allow
residential in Sub-Area 4.1, or revisit the question; Clarify that 5.4 Goals, Item #2, refers to Sub-Area
3.1; Clarify regarding 5.5 Policies, Item #8 mixed uses--Do all these uses apply to Sub-Area 4.1?
Mr. Bowman, Planning Director, defined "Destination Retail" as retail specific which people would
identify and choose for a specific purpose. Downtown is destination retail for many people. Los
Gatos Blvd. is destination retail specifically for cars. Regional retail would be something with a Bay
Area attraction.
Jo Bartlett, 166 Oak Hill Way, spoke regarding affordable housing, about 900 sq. ft., in these areas
and specifically in the 4.1 Sub-Area. Council pointed out that the 4.2 Sub-Area, immediately across
the street, allows for medium density housing.
Sheldon Smith, 14225 Lora Drive,#79, suggested a mixed integrated community in the 4.1 area,
where people who live there may not have to drive to work but could work right in their own
neighborhood which might reduce the traffic on Los Gatos Blvd. He spoke for Leslie Dill, and noted
that she preferred Planned Development in the 3.3 Sub-Area.
Kyle Lanza, 15276 Karl Ave., is concerned about the graffiti on the freeway walls and would like to
see development without walls. Council referred to Town's Design Standards and the possibility that a
conventional sound wall will not be used in the 4.1 area. Staff explained that sound walls are
mandated next to residential development, but other uses do not require these barriers.
Jim Cantore, 4036 Cranford Circle, San Jose, representing the Ponderosa Homeowner's Assoc.,
spoke of peak hour traffic and referred to traffic studies for the 4.1 area. He would like the area
referred to as a neighborhood retail center which would include some residential, and open space
elements.
Anne Kucklick, 116 Las Astas Dr., would like to see low density housing in the 3.3 Sub-Area.
No one else from the audience addressed this issue.
Mrs. Lubeck, suggested that Sub-Area 4.1 West of Los Gatos Blvd, Implementation 5.16, Item #3
read, "Evaluate proposed uses to ensure they complement existing businesses and serve the needs of
Town residents."
Motion by Mrs. Lubeck, seconded by Mr. O'Laughlin, that Council incorporate the following
changes in the General Plan amendments: Exhibit A to Attachment 1, in Sub-Area 3.3, the Central
Core, on page 5-6, Policies 5.13, policy #3 should read, "Development projects shall incorporate
design features to buffer dwelling units from the visual and noise impacts of Highway 17 and
Highway 85."; Sub-Area 3.3, the Central Core, page 5-6, Policies 5.13, policy #1 should
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HEARINGS CONTINUED
GENERAL PLAN AMENDMENT CONT.
Motion by Mrs. Lubeck continued:
read, "Development shall be designed to take advantage of the amenities offered by Los Gatos Creek
and shall provide maximum access to the creek and Vasona Light Rail."; Sub-Area 3.3, the Central
Core, page 5-6, Implementation 5.14, policy #4 should delete a word in the third line to read, "....along
the east side of Los Gatos Creek from Lark Avenue to the northern Town limits. These
connections......."; Sub-Area 4.1 West of Los Gatos Blvd, Implementation 5.16, Item #3 read,
"Evaluate proposed uses to ensure they complement all existing businesses and serve the needs of
Town residents." Sub-Area 3.3, Central Core, Exhibit C, that the two properties on the south east
corner of the area which are used for church parking should remain zoned as medium density
residential and not office. Office had been designated at the last meeting but the maker of that motion
would like to change that designation at this time. Carried unanimously.
Motion by Mr. Blanton, seconded by Mr. O'Laughlin, regarding Sub-Area 4.1, West of Los Gatos
Blvd, 5.15 Policies, adding Item #8 to read, "Any development occurring in this sub- area shall be
consistent with the general scale and character of the Town as a whole." Motion failed with 2 ayes.
Mrs. Benjamin, Mrs. Lubeck and Mayor Attaway voted no, stating that this policy should be reviewed
by staff.
Motion by Mrs. Lubeck, seconded by Mrs. Benjamin, that Council concurs that it is Town policy
that it is incumbent on the applicant to demonstrate how the development fits within the character and
scale of the Town. Staff should report back to Council whether this policy is already in written Town
policy and if not propose where it should be written. Carried unanimously.
Motion by Mrs. Lubeck, seconded by Mr. O'Laughlin, that Council find the General Plan
Amendment GP-92-2, including the changes made in the previous motion, is internally consistent with
the General Plan, and that Council adopt Resolution 1994-56 entitled, RESOLUTION OF THE
TOWN OF LOS GATOS ADOPTING AMENDMENTS TO THE GENERAL PLAN FOR THE
AREA ALONG ROUTE 85 AND RESCINDING COUNCIL RESOLUTION 1991-124, including
the changes made in the previous motion. Carried by a vote of 4 ayes on areas 3.1 an 4.2, Mr.
Blanton voting no on the two specific sub-areas of 3.1 and 4.2, due to the designation of high density
housing in those areas. The rest of the General Plan Amendment, GP-92-2, carried unanimously.
OHLONE COURT 131/133/TEMPORARY OCCUPANCY (21.09)
John Harding, 159 College Ave., requested Council's consideration in regards to renting the property
at 131 and 133 Ohlone Crt.,
Motion by Mr. O'Laughlin, seconded by Mrs. Lubeck, that Council refer this item to staff who will
meet with the applicant and Mayor for discussion of this issue and report back to Council. Carried
unanimously.
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PERMIT PARKING/SOUTHERN PACIFIC RIGHT-OF-WAY/ORDINANCE INTRO (22.42)
The Town Clerk read the title of the Draft Ordinance.
Motion by Mrs. Lubeck, seconded by Mrs. Benjamin, that Council waive the reading of the Draft
Ordinance. Carried unanimously.
Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council introduce Draft Ordinance entitled,
ORDINANCE OF THE TOWN OF LOS GATOS PROVIDING THAT THE REPEAL OF
SECTION 15.40.155 OF THE CODE OF ORDINANCES, TOWN OF LOS GATOS AND
DECLARING SAME TO BE NULL AND VOID AND OF NO EFFECT. Carried unanimously.
NO PARKING CURB/LOS GATOS-ALMADEN/ROSS CREEK (23.09)
The following people from the audience spoke to this issue:
Tom Easley, 15630 Los Gatos-Almaden Road, requested removal of the red curb.
Dorothy James, 101 Ross Creek Crt., spoke of the need for a red curb in the present location.
No one else from the audience addressed this issue.
Motion by Mr. O'Laughlin, seconded by Mr. Blanton, that Council deny the request to remove the
no parking area on Los Gatos-Almaden Road at Ross Creek Court. Carried unanimously.
DEVELOPMENT FEES/PROJECT ELIMINATION/REFUNDS (24.35)
Motion by Mrs. Lubeck, seconded by Mrs. Benjamin, that Council direct the Planning Commission
to initiate a General Plan amendment to delete the requirement for medians in Winchester and
University Ave. Carried unanimously.
Motion by Mrs. Lubeck, seconded by Mr. O'Laughlin, that Council declare that the Town will not be
installing a traffic signal at University and Lark Ave; Authorize the Town Manager to process refunds
totalling $12,320.00 from account #100-26900 to the three developers who contributed to the
Lark/University signal project; Authorize the Town Manager, after the General Plan amendment is
adopted by Council, to process refunds totaling $74,003.02 from account#100-26900 and approx.
$9,000 in interest from account #1111-80000 to the nine developers who contributed to the Winchester
Blvd. and University Ave. median projects. Carried unanimously.
AGENDA FORMAT/COUNCIL RULES/RESOLUTION 1994-57 (25.10)
Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council adopt Resolution 1994-57
entitled, RESOLUTION OF THE TOWN OF LOS GATOS AMENDING TOWN COUNCIL
AGENDA FORMAT AND RULES. Carried unanimously.
COUNCIL COMMITTEE APPOINTMENTS (26.10)
Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, to accept the amended Council Committee
Appointments and have only two representatives at the General Plan Committee. Carried
unanimously.
COUNCIL COMMITTEE REPORTS (27.10)
Mrs. Lubeck reported on the Route 85 Opening. United Way has declined to run any sporting event
for the opening.
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COUNCIL COMMITTEE REPORTS CONT
Mayor Attaway reported on the World Cup Event, and the Brazilian Host Committee. There is now a
concerted effort to organize everyone's efforts in having a pleasant and welcoming Town. Singers,
dancers and actors will come to Los Gatos under a host center. The Town must maintain control of
the events. The Mayor will be spending a week in Rio meeting with officials, the Mayor and the
President of the Brazilian Soccer Federation. He is paying his own fare and expenses.
SMOKING REGULATIONS/RESOLUTION 1994-58 (12.42)
Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council adopt Resolution 1994-58
entitled, RESOLUTION OF THE TOWN OF LOS GATOS OPPOSING STATE
LEGISLATION THAT WOULD PREEMPT LOCAL AUTHORITY TO REGULATE
SMOKING IN PUBLIC PLACES. Carried unanimously.
ACCESSIBILITY STANDARDS/HOUSING-COMMUNITY DEVELOPMENT STANDARDS
(16.23)
Motion by Mr. Blanton, seconded by Mrs. Benjamin, to continue this item to April 18, 1994.
Carried unanimously.
AIR QUALITY MANAGEMENT/ITEM 13 CONTINUED (13.07)
Mrs. Benjamin brought up the issue of the Lark-Winchester site being used as a fueling station and
maintenance yard. This issue will be placed on the April 18, 1994 agenda for Council discussion.
ADJOURNMENT
Motion by Mr. Blanton, seconded by Mrs. Benjamin, that this evening's meeting be adjourned at
10:28 p.m. Carried unanimously.
ATTEST:
Marian V. Cosgrove
Town Clerk
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