M 01-06-97TOWN OF LOS GATOS
CALIFORNIA
TOWN COUNCIL/PARKING AUTHORITY
January 6, 1997
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, January 6, 1997, in regular session.
ROLL CALL
Present:Randy Attaway, Steven Blanton, Jan Hutchins,
Linda Lubeck, and Mayor Joanne Benjamin.
Absent:None.
PLEDGE OF ALLEGIANCE
Given by all in attendance.
CLOSED SESSION
Mayor Benjamin noted that Closed Session had not been held this evening.
HISTORY CLUB/PROCLAMATION FROM TOWN TO CLUB (00.44)
Mayor Benjamin presented a Town Proclamation to representatives of the History Club for its 100
years of active service in the Town. Those accepting the commendation thanked the Mayor for the
honor and pledged the club's continued service to the community.
MAYOR'S ACKNOWLEDGEMENT OF APPRECIATION TO STAFF (000.44)
Mayor Benjamin read a letter from Sheldon Smith, Chairman of the Trails and Bikeways Committee
telling of a conversation he had had with Debbie Turpin, Santa Clara County Parks Planner, regarding
the cost of the Lark Ave. Bridge. She said that Campbell's bridge was costing twice as much as the
Los Gatos bridge because Los Gatos had constructed in the most cost effective manner possible and
had done everything it possibly could to reduce the costs.
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. Lubeck, that Council approve the recommended action
concerning County Referrals:
NUMBER LOCATION APPLICANT REQUEST
RECOMMENDATION
6064 14531 Arnerich Rd Hooshang Design Review
Approval/4 Conditions
Carried unanimously.
TC:D9:MM010697
PLANNING COMMISSION/PLANNING DEPARTMENT MONTHLY STATUS REPORT (03.47)
Informational report regarding activity of Planning Commission and Department was received and
filed.
TC:D9:MM010697
January 6, 1997
Los Gatos, California
COUNCIL CALENDAR OF MEETINGS (04.10)
Informational item presenting future Town Meetings for Council and other Town Boards and
Commissions was received as a desk item and filed.
PAYROLL RATIFICATION/DECEMBER 1996 (05.V)
Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council ratify the check register for the
payroll of December 1 through December 14, 1996, paid on December 20, 1996, in the amount of
$337,633.90. Carried unanimously.
ACCOUNTS PAYABLE/RATIFICATION/DECEMBER 1996 (06.V)
Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council ratify the accompanying check
registers for accounts payable invoices paid on December 13 and December 20, 1996 in the amount of
$442,470.64. Carried unanimously.
MINUTES OF DECEMBER 16, 1996 (07.V)
Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council approve the Minutes of December
16, 1996 as submitted. Carried by a vote of 4 ayes. Mrs. Benjamin abstained.
TREASURER'S REPORT (08.V)
Informational report submitted by the Treasurer to the Council as of October 31, 1996, was received
and filed.
CLAIM DENIAL/JEFFREY ALLEN THOMPSON (09.01)
Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council deny the claim of Jeffrey Allen
Thompson for alleged personal injuries occurring on July 6, 1996. Carried unanimously.
SANTA CLARA VALLEY WATER COMMISSION/COUNCIL APPOINTMENTS
FLOOD CONTROL ZONE ADVISORY COMMITTEE/STAFF APPOINTMENTS (10.20)
Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council nominate Trish Duarte, Sr.
Engineering Technician, as Representative; Chris Gjerde, Associate Civil Engineer, as Alternate #1;
and Scott R. Baker, Director of Building and Engineering Services, as Alternate #2 to the Central and
North Central Flood Control Zone Advisory Committees. The actual appointments are made by the
District Board of Directors. And (as per the desk item) that Council nominate Vice Mayor Linda
Lubeck as Representative, and Council Member Jan Hutchins as Alternate, representing the Town on
the Santa Clara Valley Water Commission. Town Council approved these appointments on December
16, 1996. Carried unanimously.
WINCHESTER BOULEVARD 14731/FINAL MAP/TRACT 8911/RESOLUTION 1997-1 (11.09)
Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council adopt Resolution 1997-1 entitled,
RESOLUTION OF THE TOWN OF LOS GATOS APPROVING FINAL MAP OF TRACT
8911, ACCEPTING THE DEDICATIONS AND AUTHORIZING THE MAYOR TO SIGN THE
CONTRACT. Carried unanimously.
BLOSSOM HILL ROAD 14975/FINAL MAP/TRACT 8899/RESOLUTION 1997-2 (12.09)
Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council adopt Resolution 1997-2 entitled,
RESOLUTION OF THE TOWN OF LOS GATOS APPROVING FINAL MAP OF TRACT
8899, ACCEPTING THE DEDICATIONS AND AUTHORIZING THE MAYOR TO SIGN THE
CONTRACT. Carried unanimously.
TC:D9:MM010697
January 6, 1997
Los Gatos, California
ROBERTS ROAD 17050/FINAL MAP/TRACT 8910/RESOLUTION 1997-3 (13.09)
Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council adopt Resolution 1997-3 entitled,
RESOLUTION OF THE TOWN OF LOS GATOS APPROVING FINAL MAP OF TRACT
8910, ACCEPTING THE DEDICATIONS AND AUTHORIZING THE MAYOR TO SIGN THE
CONTRACT. Carried unanimously.
VERBAL COMMUNICATIONS
Downtown Parking Issues
Rex Morton, 51 University, Ste. I, Chairman of the Parking Commission. Spoke of the opportunity
to join with the underground parking lot that Old Town will be building. This lot will cost half the
normal cost to the town if it is built at the same time Old Town is constructing its lot. He spoke of the
possibility of obtaining 105 parking spaces by November of this year.
HEARINGS
LOMA ALTA AVE 123/DEMOLITION FOR RESIDENCE/MCELROY APPEAL (14.09)
Mayor Benjamin stated that this was the time and place duly noted for public hearing to consider
appeal of a Planning Commission decision denying a request for architecture and site approval to
demolish a pre-1941 residence and to construct a new two story single family residence on property
zoned R-1:8. Project Application PRJ-96-75. Property Location: 123 Loma Alta Ave. Property
Owners/Appellants: Terry and Victoria McElroy.
The following person from the audience spoke to this issue:
Terry McElroy, 123 Loma Alta Ave, gave a very thorough review of his project and compared the
home with many others in the neighborhood. He spoke of some minor architectural changes; One
was the casings around the front windows; the shutters and light fixtures on the balcony; removal of
the balcony and the addition of planter boxes.
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 Mrs. Lubeck, seconded by Mr. Hutchins, that Council grant the appeal and overturn the
Planning Commission, and approve Project Application PRJ-96-75 with the recommended conditions
found in Attachment 1 of the staff report, with the changes submitted this evening which are: remove
the casing around the front window and replace with shutters; remove the balcony and light fixtures
on the second story front facade. There was new information submitted this evening concerning the
front of the building. There was error on the part of the Planning Commission by not considering the
neighborhood as a whole; Council makes the findings in Code 29.20 for Architecture and Site and
demolition as made by the Planning Commission. Carried by a vote of 3 ayes. Mrs. Benjamin voted
no because she felt that the process for hearing and appeal was circumvented. Mr. Attaway voted no
for the same reason.
TC:D9:MM010697
January 6, 1997
Los Gatos, California
HEARINGS CONTINUED
SANTA CRUZ AVENUE S 22/LOS GATOS PASTAIO/RETAIL FOOD STORE/HEARING (15.09)
Mayor Benjamin stated that this was the time and place duly noted for public hearing to consider
appeal of Planning Commission decision denying a Conditional Use Permit request to operate a retail
food store and restaurant with outdoor seating on property zoned C-2. Property located at: 22 S.
Santa Cruz Avenue, Suite A. Property Owner: Pacific Properties. Applicant: Los Gatos Pastaio,
Incorporated. Appellants: John J. Ardizzone & Richard R. Ardizzone, Los Gatos Pastaio,
Incorporated.
The following people from the audience spoke to this issue:
Margaret Abrahams, 1188 Clarke Way, representing Los Gatos Pastaio, reaffirmed the willingness to
work with Council on defining a use permit for a retail food store in this location.
Larry Arzie, 32 N. Santa Cruz Ave., asked that the precise conditions be read to the audience, and
then stipulated that additional restrictions should be added.
No one else from the audience addressed this issue.
Motion by Mr. Blanton, seconded by Mr. Hutchins, to close the public hearing. Carried
unanimously.
Motion by Mr. Attaway, seconded by Mr. Hutchins, to uphold the Planning Commissions decision
and deny Project Application PRJ-96-97. Carried by a vote of 3 ayes. Mrs. Lubeck and Mr. Blanton
voted no, feeling that this use could be conditioned to work.
SANTA CRUZ AVE N 112½/RESIDENTIAL TO RETAIL CONVERSION/HEARING (16.09)
Mayor Benjamin stated that this was the time and place duly noted for public hearing to consider
appeal of Planning Commission decision denying a request for Architecture and Site approval to
convert an apartment to retail use on property zoned C-2. Project Application PRJ-96-113. Property
Location: 112½ North Santa Cruz Avenue. Property Owner.Appellants: Elton and Maria Armstrong.
The following people from the audience spoke to this issue:
Elton Armstrong, owner of the property, asked for a retail conversion permit for an apartment that
does not have parking access since the new parking lot was built. If he can not have the retail
conversion, he requested the driveway be aligned so that parking could occur on his property.
No one else from the audience addressed this issue.
Motion by Mr. Blanton, seconded by Mrs. Lubeck, to close the public hearing. Carried
unanimously.
TC:D9:MM010697
January 6, 1997
Los Gatos, California
HEARINGS CONTINUED
SANTA CRUZ AVE N 112½/RESIDENTIAL TO RETAIL CONVERSION CONT.
Motion by Mrs. Lubeck, seconded by Mr. Hutchins, to grant the appeal on Project Application 96-
113, an Architecture and Site Approval for the conversion of an apartment to retail use on property
zoned C-2 with the following findings from Code 29.20.155: This is an issue which the Planning
Commission did not have the discretion to act; Special consideration in review of residential
conversions; Amenities such as adiquate light, air, privacy, open space, peace and quiet necessary for
suitable living environment are not provided; Safety issue of crossing through a public parking lot
and sidewalk to reach the parking area for the apartment; This does not provide for adequate access to
the residence; It is located in the center of the busiest section of downtown which is not conducive to
peace and quiet; This proposed conversion meets all the housing goals and plans as set forth in the
General Plan; This unit has not been used for a residence for over seven years; This will not cause
additional traffic problems but will eliminate a potential safety issue. Determinations of Code
29.21.55A (1-3). The original character of the building will not be compromised; Landscaping is not
a question due to the present landscaping downtown and the location of this unit on the second floor.
Carried by a vote of 4 ayes. Mr. Attaway voted no.
LAW ENFORCEMENT BLOCK GRANT FUNDS/POLICE VEHICLE/RESOLUTION 1997-4
(17.09)
Mayor Benjamin stated that this was the time and place duly noted for public hearing to consider use
of Local Law Enforcement Block Grant Funds to purchase an unmarked police vehicle for use by the
officer assigned to the Santa Clara County Specialized Enforcement Team. (SCCSET)
Motion by Mr. Hutchins, seconded by Mr. Attaway, to close the public hearing. Carried
unanimously.
Motion by Mr. Attaway, seconded by Mr. Blanton,that Council adopt Resolution 1997-4 entitled,
RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE USE OF LOCAL
LAW ENFORCEMENT BLOCK GRANT FUNDS FOR THE PURCHASE OF AN
UNMARKED POLICE VEHICLE FOR USE BY THE OFFICER ASSIGNED TO THE SANTA
CLARA COUNTY SPECIALIZED ENFORCEMENT TEAM. Carried by a vote of 4 ayes. Mrs.
Lubeck voted no.
COMPRESSED NATURAL GAS FUELING STATION/LARK AVE & WINCHESTER (18.28)
Mayor Benjamin stated that this was the time and place duly noted to consider using Town property at
Lark Avenue and Winchester for compressed natural gas fueling station.
Council Comments: Town is looking into selling compressed natural gas to other public entities; It
may be possible in the future to allow private citizens to purchase this alternative fuel; Talking about
one or two pump fueling site with all equipment remaining on the fire station site, which would allow
for park like landscaping and easy ingress and egress solutions; No on site supervision but pumps
operated by a card lock system and any security issues handled by fire department next door; Explore
existing service stations as locations for distribution of fuel before using Winchester lot; Shell on Los
Gatos Saratoga Rd. was not possible, but Union 76 Station on Garden Hill Lane & Los Gatos Blvd.
may be a possibility with upcoming improvements; BP Station on Lark and Los Gatos Blvd. was also
suggested; A decision is needed by August 1997 so as to receive federal funds from congestion
management of $225,000.
TC:D9:MM010697
January 6, 1997
Los Gatos, California
UNIVERSITY AVENUE 742/RIDING COMPANY/REQUEST FOR $20,000 REFUND (19.09)
Mayor Benjamin stated that this was the time and place duly noted to consider request of Riding
Company for refund of $20,000 in planning application fees paid in connection with General Plan GP-
95-1. Zone Change Application Z-95-3. Negative Declaration Application ND-95-6. Planned
Development Application for 742 University Avenue.
The following people from the audience spoke to this issue:
Ken Riding, 1 Almaden Blvd., Suite 705, spoke of the reasons for requesting a refund of his
application fees.
No one else from the audience addressed this issue.
Motion by Mr. Attaway, seconded by Mr. Hutchins, to continue this item to January 21, 1997 when it
will return with a resolution to be reviewed by Council. Resolution to contain a refund with properly
calculated numbers that are legally acceptable according to ordinance. Carried unanimously.
WELCOME TO NATALIE WEST
Mayor Benjamin welcomed Interim Town Attorney, Natalie West, who will be serving the Town until
a permanent Town Attorney can be hired to replace outgoing Attorney, Larry Anderson.
DOWNTOWN PARKING IMPROVEMENT PLAN/PAID PARKING (20.38)
Mayor Benjamin stated that this was the time and place duly noted to consider soliciting requests for
proposals regarding the Downtown Parking Improvement Plan establishing paid parking.
The following people from the audience spoke to this issue:
Steve Xanthic, 106 Tait Ave., asked that the residential districts be protected, and to extend the hours
of the residential parking areas to 24 hours.
Lagon Peck, 128 Tait Ave., does not want paid parking downtown nor preferential parking in the
residential areas.
Gael Gilbert, 243 Bachman, has no place to park and is concerned about the impact of business
parking in the residential area.
Patrick Clayton, 120 Carlton Ave., #4, spoke as a minimum wage employee who would not be able
to afford the paid parking downtown.
Ken Cynosure, 155 Tait Ave., spoke of funding options for additional parking spaces, such as bonds
or higher license fees.
Bill Wader, 179 Stadia, speaking as a business owner he noted that paid parking is expensive for the
business owners, the employees and the shoppers who open themselves to the probability of getting a
parking ticket.
John Meatless, Jr., 336 F Village Lane, a business owner, does not feel that paid parking is worth it
for his business. He estimates that parking will cost him $40,000 in ten years time.
Shirley Henderson, 98 West Main, spoke concerning the need for parking.
Brian Haythornewhite, 125 Massol Ave., spoke as an employee who could not afford to pay for
parking while he is working at a low paying job downtown.
Mike McCambridge, 112 University, was concerned about other options to acquire parking
downtown, such as bond issues.
Margaret Smith, 40 N. Santa Cruz and 135 Tait Ave., owner of Domus, viewed parking as a business
owner and a resident. She did not approve of the gated parking lot concept. She has difficulty
supplying parking for 38 employees now and it will be more difficult if the employees have to
purchase their parking.
TC:D9:MM010697
January 6, 1997
Los Gatos, California
DOWNTOWN PARKING IMPROVEMENT PLAN CONT.
Kurt Lemons, 54 N. Santa Cruz Ave., Upstream Flyfishing, spoke of the parking assessments already
paid by property owners downtown and does not feel that the business owners should be assessed
again with paid parking areas.
Paul Shepherd, 135 Tait, asked for an analysis of the RFP process; what is the criteria for judging
the improvements to the lots? where is the revenue to be spent?
Judy Wallace, 68 Ellenwood Ave., asked for more sensitivity in the way people are being noticed and
included in the process of determining their parking needs.
Dorothy Hammershay, representing East Field Ming Quong Service League, and Village House
volunteer, spoke of the need of the employees and guests at the restaurant to find economical parking.
Anthony Leto, 347 Massol Ave., #505, owner-partner of Domus, asked that Old Town Parking be
established and working before other parking options be put in practice. He noted that the merchants
would be meeting to discuss the whole parking issue and would volunteer to address the developer
(who has a vested interest in the success of the project) and ask for assistance in terms of loans or a
clear revenue source to proceed immediately with the project while long range funding options are
worked out.
Jim Creighton, 142 Tait Avenue, spoke of the traffic issues involved in this parking proposal. Would
like to see the concerned residents and business owners work together on this issue.
Rex Morton, 51 University Ave., Ste. I, asked for funding for the second level at the Old Town
parking lot. This will generate 105 spaces in the downtown and could be completed by November
21st.
Bob Campergill, does not want gates for the paid parking. He asked for other options to be
considered.
Don Tyler, 231 Massol, asked for cost benefit studies; analysis concerning the returns on the dollars
spent; and the turn over and use of the parking spaces now in existence.
Ed Stahl, 110 Twin Oaks, Travel Advisors, spoke of the 105 spaces in the downtown that will be 1/2
the price due to the construction at Old Town at this time.
Larry Arzie, The Porch owner, spoke of an additional assessment, and reevaluation of the business
license fees. He asked for more input from business owners and residents on this issue.
No one else from the audience addressed this issue.
Mayor Benjamin asked Jan Hutchins to attend meetings with citizens concerned with raising funds to
build 105 spaces at the Old Town parking lot. The next meeting is to occur on January 16th at 6:30
p.m. followed by a regular Council meeting January 21st at 7:30 p.m. Rex Morton will contact the
people who spoke tonight. If in two weeks there is evidence of the people being able to work together
on getting contributions and identifying a viable revenue source, Council may be able to move
forward in partnership with Old Town on their parking facility. The San Jose Mercury News and the
Los Gatos Weekly were asked to print a story concerning this issue.
TOWN COUNCIL MEETING SCHEDULE FOR 1996-97 (21.10)
Council consensus to approve the amended Town Council Meeting Schedule for 1996-97 Fiscal Year
rescheduling January 11, 1997 Council meeting to Saturday, February 8, 1997, at 9:30 a.m. Carried
unanimously.
ADJOURNMENT
Motion by Mr. Hutchins, seconded by Mr. Attaway, that this evening's meeting be adjourned at 11:31
p.m. Carried unanimously.
ATTEST:Marian V. Cosgrove, Town Clerk
TC:D9:MM010697