M 11-04-96TOWN OF LOS GATOS
CALIFORNIA
TOWN COUNCIL/PARKING AUTHORITY
November 4, 1996
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 7:33 p.m., Monday, November 4, 1996, in regular session.
ROLL CALL
Present:Joanne Benjamin, Steven Blanton, Linda Lubeck,
Patrick O'Laughlin (arrived at 7:37 p.m.), and Mayor Randy Attaway.
Absent:None.
PLEDGE OF ALLEGIANCE
Given by all in attendance.
CLOSED SESSION
Mayor Attaway noted that Closed Session had not been held this evening.
SCHEDULE OF PUBLIC HEARINGS (01.01)
Informational report regarding currently scheduled public hearings was received and filed.
PLANNING COMMISSION/PLANNING DEPARTMENT MONTHLY STATUS REPORT (02.47)
Informational report regarding activity of Planning Commission and Department was received and
filed.
COUNCIL CALENDAR OF MEETINGS (03.10)
Informational item presenting future Town Meetings for Council and other Town Boards and
Commissions was received and filed.
PAYROLL RATIFICATION/OCTOBER 1996 (04.V)
Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council ratify the check register for the
payroll of October 6 through October 19, 1996, paid on October 25, 1996, in the amount of
$285,612.72. Carried by a vote of 4 ayes. Mr. O'Laughlin absent.
ACCOUNTS PAYABLE/RATIFICATION/OCTOBER 1996 (05.V)
Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council ratify the accompanying check
registers for accounts payable invoices paid on October 18 and October 25, 1996 in the amount of
$592,992.33. Carried by a vote of 4 ayes. Mr. O'Laughlin absent.
MINUTES OF OCTOBER 7, 1996 (06A.V)
Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council approve the Minutes of October
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7, 1996 as submitted. Carried by a vote of 4 ayes. Mr. O'Laughlin absent.
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MINUTES OF OCTOBER 21, 1996 (06B.V)
Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council approve the Minutes of October
21, 1996 as submitted. Carried by a vote of 4 ayes. Mr. O'Laughlin absent.
TREASURER'S REPORT (07.V)
Informational report submitted by the Treasurer to the Council as of August 31, 1996, was received
and filed.
HILLSIDE PRESERVATION STRATEGIES/WEST VALLEY HILLSIDES (08.47)
Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council accept recommended West Valley
Hillsides Joint Planning Review Preservation Strategies. Carried by a vote of 4 ayes. Mr. O'Laughlin
absent.
COST CLAIMING SERVICES/DAVID M. GRIFFITH/RESOLUTION 1996-133 (10.06)
Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council adopt Resolution 1996-133
entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN
MANAGER TO EXECUTE AN AGREEMENT WITH DAVID M. GRIFFITH &
ASSOCIATES, LTD. (DMG) TO PROVIDE STATE MANDATED COST CLAIMING
SERVICES FOR THE 1996-97 FISCAL YEAR. Carried by a vote of 4 ayes. Mr. O'Laughlin
absent.
EMPLOYMENT RELATIONS CONSORTIUM/TRAINING AND CONSULTING (11.14)
LEIBERT, CASSIDY & FRIERSON/RESOLUTION 1996-134
Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council adopt Resolution 1996-134
entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING TOWN
MANAGER TO EXECUTE AGREEMENT WITH LEIBERT, CASSIDY & FRIERSON, BAY
AREA EMPLOYMENT RELATIONS CONSORTIUM, FOR SPECIAL SERVICES
RELATING TO LEGAL TRAINING AND CONSULTING. Carried by a vote of 4 ayes. Mr.
O'Laughlin absent.
9610 PROJECT/TREE PRUNING AND REMOVAL/RESOLUTION 1996-135 (12.35)
PROFESSIONAL TREE CARE COMPANY
Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council adopt Resolution 1996-135
entitled, RESOLUTION OF THE TOWN OF LOS GATOS TO AUTHORIZE TOWN
MANAGER TO EXECUTE AN AGREEMENT WITH THE PROFESSIONAL TREE CARE
COMPANY TO COMPLETE 9610 TREE PRUNING AND REMOVAL. Carried by a vote of 4
ayes. Mr. O'Laughlin absent.
SHANNON RD 16070/HASTINGS DEV/COMPLETION NOTICE/RESOLUTION 1996-136 (13.09)
Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council adopt Resolution 1996-136
entitled, RESOLUTION OF THE TOWN OF LOS GATOS ACCEPTING WORK OF
HASTINGS DEVELOPMENT INC., 16070 SHANNON ROAD, AND AUTHORIZING THE
TOWN MANAGER TO EXECUTE CERTIFICATE OF ACCEPTANCE AND NOTICE OF
COMPLETION FOR RECORDING BY TOWN CLERK. Carried by a vote of 4 ayes. Mr.
O'Laughlin absent.
STREET MAINTENANCE/FUND TRANSFERS/RESOLUTION 1996-137 (14.28)
Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council adopt Resolution 1996-137
entitled, RESOLUTION OF THE TOWN OF LOS GATOS TRANSFERRING $125,000 FROM
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ROAD IMPACT FUND FOR STREET REPAIRS. Carried by a vote of 4 ayes. Mr. O'Laughlin
absent.
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SANTA CRUZ AVE N.7-9/RESTAURANT USE DOWNTOWN/RESOLUTION 1996-138 (15.09)
LA CANADA BUILDING/CW GOURMET, INC./ALCOHOL SERVICE
Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council adopt Resolution 1996-138
entitled, RESOLUTION OF THE TOWN OF LOS GATOS GRANTING IN PART AN APPEAL
OF A PLANNING COMMISSION DECISION TO DENY A MODIFICATION OF A
CONDITIONAL USE PERMIT TO SERVE BEER AND WINE WITH MEALS AND TO
EXPAND RESTAURANT SEATING ON PROPERTY LOCATED IN THE C-2 LP ZONE
WITH CONDITIONS AND DENYING AN APPEAL OF A COMMISSION DECISION TO
DENY MODIFICATION TO EXPAND AN EXISTING RESTAURANT INTO RETAIL
SPACE; PROJECT APPLICATION PRJ-96-83. Carried by a vote of 4 ayes. Mr. O'Laughlin
absent.
LOS GATOS BOULEVARD 16212/AUTO DEALERSHIP/RESOLUTION 1996-139 (16.09)
Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council adopt Resolution 1996-139
entitled, RESOLUTION OF THE TOWN OF LOS GATOS GRANTING AN APPEAL OF A
PLANNING COMMISSION DECISION TO DENY A REQUEST FOR ARCHITECTURE
AND SITE APPROVAL AND A CONDITIONAL USE PERMIT TO DEMOLISH EXISTING
COMMERCIAL BUILDINGS AND TO CONSTRUCT A NEW AUTO DEALERSHIP
BUILDING ON PROPERTY IN THE CH ZONE, AND RETURN THE APPLICATION TO
THE PLANNING COMMISSION FOR ACTION CONSISTENT WITH THE RESOLUTION,
PROJECT APPLICATION PRJ-96-96. Carried by a vote of 4 ayes. Mr. O'Laughlin absent.
HEARINGS
PARKING IN-LIEU FEES/BUILDINGS NORTH OF LOS GATOS SARATOGA ROAD (17.46)
Mayor Attaway stated that this was the time and place duly noted for public hearing to consider
amending Town Code Chapter 29, Division 5. "Nonconforming Buildings, Lots and Uses" to allow
payment of fees in-lieu of providing the required parking for nonconforming properties in the
downtown, north of Los Gatos Saratoga Road. It has been determined that this Town Code
Amendment 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-96-3.
Applicant: Town of Los Gatos.
Council Consensus that staff refer the letter from David Cayton to the Planning Commission for
review of the required parking ratios for automobile services.
Mr. Blanton asked that the subject of in-lieu parking fees be addressed at the upcoming Council
Workshop.
The following person from the audience spoke to this issue:
Peggy O'Laughlin, representing Walgreen's, expressed agreement with the Zoning Ordinance
Amendment and the Parking In-Lieu Fees for the North of Los Gatos Saratoga Road area. But she
expressed concern over the proposed fees which although modified are still quite high. Smaller
businesses in the area expressed concern that these large fees for parking attached to any improvement
of their buildings seems prohibitive, and will restrict refurbishing plans.
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No one else from the audience addressed this issue.
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HEARINGS CONTINUED
PARKING IN-LIEU FEES/BUILDINGS NORTH OF LOS GATOS SARATOGA ROAD/CONT.
Motion by Mr. Blanton, seconded by Mrs. Benjamin, to close the public hearing. Carried by a vote
of 4 ayes. Mr. O'Laughlin abstained for reasons noted in previous record.
Motion by Mrs. Benjamin, seconded by Mr. Blanton, to continue this item to November 18, 1996 for
the following reasons: To add a pre-amble to the ordinance allowing for mitigation of insignificant
parking spaces by use of an in-lieu parking fee allowing businesses to make certain improvements to
their property; Two components to this fee are 1) A component for maintenance of the parking spaces,
2) A component to reimburse the Town for prior cost of building the parking spaces, and these funds
to go specifically for capital improvement (such as additional lighting) in this parking lot. To be noted
that historically the other parking lots in the downtown have been paid for by the property owners and
the park and ride lot was not. Carried by a vote of 4 ayes. Mr. O'Laughlin abstained.
Mr. Anderson, Town Attorney, noted that the item would be returned to Council under Other
Business to introduce the ordinance with the preamble.
AUTOMOTIVE SERVICE STATIONS/CONVENIENCE STORE EXPANSION (18.46)
SALE OF BEER AND WINE/ORDINANCE INTRODUCTION
Mayor Attaway stated that this was the time and place duly noted for public hearing to consider
amending Chapter 29 of the Town Code to: 1) allow interior floor space at a service station to be used
for the sale of non-automotive items, such as groceries and other convenience items (the allowed floor
space would be designated in a conditional use permit or architecture and site approval;) 2) allow the
sale of beer and wine at a service station as a separate conditional use permit if detailed findings
regarding the public convenience and welfare could be made for the specific site under consideration
and would require a specific set of conditions if such an approval were to be made. It has been
determined that this Town Code Amendment 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-96-4. Applicant: Town of Los Gatos.
Mr. Blanton requested that this item be renoticed for the November 18, 1996 meeting.
The following person from the audience spoke to this issue:
Linda Callhan, 10 Almaden Boulevard, San Jose, representing Chevron, noted that there had been
sufficient notice regarding this item in the paper and there is no legal requirement for a display ad.
She pointed out to Council that the Planning Commission had voted 6/0 in favor of the code
amendments.
No one else from the audience addressed this issue.
Motion by Mr. Blanton, seconded by Mrs. Benjamin, to close the public hearing. Carried
unanimously.
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HEARINGS CONTINUED
AUTOMOTIVE SERVICE STATIONS/CONVENIENCE STORE EXPANSION/CONT.
Motion by Mrs. Benjamin, seconded by Mrs. Lubeck: that the first paragraph in the draft ordinance
be dropped; that the next paragraph would add the words "non-vehicle related" to the following,
"...would allow limited non-vehicle related sales under a conditional use permit..."; and that the word
"However," would be removed from the third paragraph. Carried by a vote of 4 ayes. Mr. Attaway
voted no for reasons stated in previous record.
The Town Clerk read the Title of 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 CODE
REGARDING MARKET USE AND BEER AND WINE SALES, with corrections as noted above
and with the stipulation of republication for the meeting of November 18, 1996. Carried by a vote of
3 Ayes. Mr. Attaway voted no for reasons noted in previous record. Mr. Blanton voted no due to
publication noticing concerns.
Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, to continue this item to November 18, 1996.
Carried unanimously.
LOS GATOS-SARATOGA ROAD 275/SNACK SHOPS IN SERVICE BAYS/APPEAL (19.09)
CHEVRON STATION/ALCOHOL SALES
Mayor Attaway stated that this was the time and place duly noted for public hearing to consider
Planning Commission recommendation to grant appeal of a Planning Commission decision denying a
minor Architecture and Site Application for the exterior remodel of an existing automobile service
station and expansion of existing snack shop into a service bay on property in the C-2 Zone. This
matter was referred by the Town Council to the Planning Commission for further consideration.
Property location: 275 Los Gatos-Saratoga Road. Appellant: Richard D. Miller/Chevron, U.S.A.
Property Owner: Chevron, U.S.A.
The following person from the audience spoke to this issue:
Richard Miller, 6001 Bollinger Canyon Road, San Ramon, representing Chevron U.S.A., asked for
Council approval of the proposal.
No one else from the audience addressed this issue.
Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, to close the public hearing. Carried
unanimously.
Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, to continue this item to November 18, 1996;
and pending the adoption of Zoning Ordinance Amendment A-96-4 allowing this type of expansion,
the item will appear with "Other Business" on the Agenda to be acted upon by Council. Carried
unanimously.
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UNIVERSITY AVENUE NEAR OAK MEADOW PARK/GENERAL PLAN AMENDMENT
LIGHT INDUSTRIAL TO SERVICE COMMERCIAL (20.46)
Mayor Attaway stated that this was the time and place duly noted for consideration of General Plan
Amendment for Properties on University Avenue near Oak Meadow Park (GP-96-6) from Light
Industrial to Service Commercial
Bill Cooper, 16056 Greenwood Road, Monte Sereno, noted that this is a Zoning issue rather than a
General Plan issue. Service Commercial is not the correct zoning for the area but perhaps Controlled
Manufacturing is.
Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, to continue this item to the December 9, 1996
Study Session and to add the subject to the January Workshop. Council to decide after further
consideration, and property owner's input regarding the future of this area, whether to refer the subject
to the Planning Commission. Carried unanimously.
POLLARD ROAD LANDSCAPING/PROJECT 473CH185/RESOLUTION 1996-140 (21.35)
Motion by Mrs. Lubeck, seconded by Mr. O'Laughlin, that Council adopt Resolution 1996-140
entitled, RESOLUTION OF THE TOWN OF LOS GATOS APPROVING PLANS AND
SPECIFICATION FOR PROJECT 473CH185 - PHASE II, POLLARD ROAD
LANDSCAPING. Carried unanimously.
BLOSSOM HILL ROAD 14975/SUBDIVISION/APPEAL FEE REFUND (22.09)
Mayor Attaway stated that this was the time and place duly noted to consider request for refund of fee
for filing appeal regarding Planning Commission decision approving eight lot subdivision at 14975
Blossom Hill Road. Project Application PRJ-96-42 & ND-96-7. Appellant: Jim Iwashita.
The following person from the audience spoke to this issue:
Jim Iwashita, 15928 Union Avenue, told of being unable to express his concerns at the Planning
Commission hearing and requested a return of his appeal fee.
No one else from the audience addressed this issue.
Council Consensus that staff make a transcription of that portion of the tape when the hearing was
closed so that Council may be able to make a judgment as to whether Mr. Iwashita had an opportunity
to speak that evening.
Motion by Mrs. Benjamin, seconded by Mr. O'Laughlin, to continue this item to December 2, 1996.
Carried unanimously.
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ACCESSORY DWELLING UNITS/PLANNING POLICIES (09.47)
Motion by Mayor Attaway, seconded by Mrs. Lubeck, that this item be continued to December 2,
1996, at which time the rationale for this proposal can be explained more fully to Council. Mr.
Attaway noted the goal of restricting the increase of secondary units, but not necessarily restricting
additional accessory buildings. Carried unanimously.
TOWN COUNCIL SCHEDULE/STUDY SESSION/HOUSING ELEMENT REVIEW (23.10)
Motion by Mrs. Lubeck, seconded by Mrs. Benjamin, that Council amend Town Council Meeting
Schedule for 1996-97 Fiscal Year adding the December 9, 1996 Council Study Session. Carried
unanimously.
COUNCIL COMMITTEE REPORTS (24.10)
There were no additional Council Committee Reports.
ADJOURNMENT
Motion by Mr. Blanton, seconded by Mrs. Benjamin, that this evening's meeting be adjourned at
9:03 p.m. Carried unanimously.
ATTEST:
Marian V. Cosgrove
Town Clerk
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