M 12-01-97TOWN OF LOS GATOS, CALIFORNIA
REGULAR JOINT MEETING OF THE
TOWN COUNCIL/PARKING AUTHORITY
REDEVELOPMENT AGENCY
DECEMBER 1, 1997, MINUTES
TOWN COUNCIL/PARKING AUTHORITY/REDEVELOPMENT AGENCY
The Town Council/Parking Authority/Redevelopment Agency 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, December 1,
1997, in joint regular session.
ROLL CALL
Present:Randy Attaway, Joanne Benjamin, Steven Blanton
Jan Hutchins and Mayor/Chairman Linda Lubeck.
Absent:None.
PLEDGE OF ALLEGIANCE
Given by all in attendance.
CLOSED SESSION
Town Attorney, Orry Korb, announced that prior to this evening's meeting, Council had met in
Closed Session pursuant to Government Code Section 54956.9(a) (Pending Litigation) to discuss
Matthew Frisby v. Town of Los Gatos, Workers Compensation Appeals Board, Case SJO 0191310.
Council gave direction this issue, but no action was taken.
Pursuant to Government Code Section 54957, Personnel Issue, to discuss Town Attorney Evaluation.
No action was taken.
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 approve the recommended
action concerning County Referrals:
NUMBER LOCATION APPLICANT REQUEST
RECOMMENDATION
6676 14090 Shannon Sepahmansour Design Review/Grading Approval/3
Conditions
Building Site
Carried unanimously.
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-NOVEMBER 1997 (04.V)
Motion by Mr. Blanton, seconded by Mrs. Benjamin that Council ratify the check register for the
payroll of October 19, 1997 through November 1, 1997, paid on November 7, 1997, in the amount of
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$329,267.76. Carried unanimously.
ACCOUNTS PAYABLE/RATIFICATION/NOVEMBER 1997 (05.V)
Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council ratify the accompanying check
registers for accounts payable invoices paid on November 14 and November 21, 1997 in the amount
of $905,407.30. Carried unanimously.
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TOWN COUNCIL/REDEVELOPMENT AGENCY Minutes of December 1, 1997
Los Gatos, California
MINUTES OF NOVEMBER 17, 1997 (06.V)
Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council approve the Minutes of
November 17, 1997 as submitted. Carried unanimously.
TREASURER'S REPORT (07.V)
Informational report submitted by the Treasurer to the Council as of October 31, 1997, was received
and filed.
RENTAL DISPUTE RESOLUTION PROGRAM/REQUEST FOR PROPOSALS (08.19)
Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council authorize the Community
Services Director to distribute the attached request for proposals for management of the Town's
Rental Dispute Resolution Program. Carried unanimously.
DOWNTOWN STREET LIGHTING/ELM STREET (09.40)
Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council accept report regarding street
lights on Elm Street and other Downtown streets to install four sets of two street lights and install
pedestrian style street lights at Elm Street, Grays Lane, Royce Street, and Bachman Avenue with the
upcoming Phase III Streetscape Project. Carried unanimously.
OKA ROAD 14700/SWIM & RACQUET CLUB/RESOLUTION 1997-133 (10.09)
Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council adopt Resolution 1997-133
entitled, RESOLUTION OF THE TOWN OF LOS GATOS ACCEPTING WORK OF
DEVCON CONSTRUCTION, INC., 14700 OKA ROAD, AND AUTHORIZING THE TOWN
MANAGER TO EXECUTE CERTIFICATE OF ACCEPTANCE AND NOTICE OF
COMPLETION FOR RECORDING BY TOWN CLERK. Carried unanimously.
9721 PROJECT/TREE PRUNING AND REMOVAL/RESOLUTION 1997-134 (11.35)
Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council adopt Resolution 1997-134
entitled, RESOLUTION OF THE TOWN OF LOS GATOS APPROVING SPECIFICATIONS,
AND AUTHORIZE THE ADVERTISEMENT FOR PROJECT 9721 - TREE PRUNING AND
REMOVAL. Carried unanimously.
LOS GATOS BLVD 16190/OFFICE RESIDENTIAL USE/RESOLUTION 1997-135 (12.09)
Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council adopt Resolution 1997-135
entitled, RESOLUTION OF THE TOWN OF LOS GATOS DENYING APPEAL OF A
PLANNING COMMISSION DECISION APPROVING ARCHITECTURE AND SITE AND
CONDITIONAL USE PERMIT APPLICATIONS TO CONSTRUCT A NEW MIXED USE
BUILDING CONTAINING OFFICE AND RESIDENTIAL USES ON PROPERTY ZONED
"O" OFFICE. Carried by a vote of three ayes. Mr. Attaway and Mrs. Benjamin voted no for
reasons listed in prior record.
CURFEW ORDINANCE/AMENDING TOWN CODE SECTION 18/ORDINANCE 2038 (13.09)
Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council adopt Ordinance 2038 entitled,
ORDINANCE OF THE TOWN OF LOS GATOS AMENDING CHAPTER 18, DIVISION 2 -
CURFEW, which was introduced at the Council meeting of November 17, 1997. Carried
unanimously.
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TOWN COUNCIL/REDEVELOPMENT AGENCY Minutes of December 1, 1997
Los Gatos, California
HEARINGS
LARK AVE 16673/PLANNED DEVELOPMENT/24 RESIDENTIAL UNITS (14.09)
Mayor Lubeck stated that this was the time and place duly noted for public hearing to consider
request for approval of a Planned Development application to change the zone from R-1:8 to RM:5-
12 PD to construct 24 residential units. Development Application DEV-96-4. Negative Declaration
Application ND-96-15. No significant environmental impacts have been identified as a result of this
project and a Negative Declaration is recommended. Property Location: 16673 Lark Avenue.
Property Owner: Yuki Farms. Applicant: Cupertino Development Corporation.
The following people from the audience spoke to this issue:
Larry Guy, 109 Altura Vista, representing Cupertino Development Corporation, explained the plans
and history of the project and discussed density and site design.
Rodger Griffin, Paragon Design, representing Cupertino Development, gave additional background
on design and architectural elements, and told of the process relating the project to the surrounding
neighborhoods.
Carol LaMarre, 204 Charter Oaks Circle, President of the Charter Oaks Homeowners Association,
reported that the Charter Oaks neighborhood favored this project.
Sheldon Smith, 14225 Laura Drive, spoke regarding the Trails and Bikes Committee goal to access
the pedestrian footbridge crossing the creek.
No one else from the audience addressed this issue.
Motion by Mr. Hutchins, seconded by Mrs. Benjamin, to close the public hearing. Carried
unanimously.
Motion by Mr. Hutchins, seconded by Mr. Blanton, that Council make the Negative Declaration;
find that the zone change is consistent with the General Plan as density can occur although this
density is as little as can be expected on this site; findings of improvement and availability which
address the Town's Traffic Policy and Development Policy for In-Fill Projects; finding as required
by Section 29.10.09030(e) of the Town Code, that the demolition of the single-family residence is
subject to the performance standards identified as part of the Planned Development Ordinance;
adopt the Mitigation Monitoring Plan; findings by reference of the Planning Commission Minutes;
and including the submitted overlay variation (a desk item of this evening) and not the original in the
staff report. Carried by a vote of three ayes. Mr. Attaway and Mrs. Benjamin voted no due to the
height and mass so visible from the street.
Consensus of Council to refer this item back to the Planning Commission for review and return it to
Council on January 20, 1997.
LOS GATOS BOULEVARD PLAN AND DESIGN STANDARDS/DECISIONS (15.47)
Mayor Lubeck stated that this was the time and place duly noted for public hearing to consider the
recommendations of the General Plan Committee, Architectural Standards Committee, and Planning
Commission for the Los Gatos Boulevard Plan and Design Standards. Negative Declaration ND-96-
21. Initiated by: Town of Los Gatos.
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TOWN COUNCIL/REDEVELOPMENT AGENCY Minutes of December 1, 1997
Los Gatos, California
LOS GATOS BOULEVARD PLAN AND DESIGN STANDARDS/HEARINGS CONTINUED
The following people from the audience spoke to this issue:
Doug Smith, 127 Wheeler Ave, a professional biker who prefers bike lanes for safety reasons
Michael Young, 17601 Foster Road, asked for striped bike lanes for safety.
David Hembry, 201 Marchmont Drive, requested marked bike lanes on Los Gatos Blvd.
Brian Parker, 16475 Ferris Ave., asked for marked lanes for safety.
Craig Steen, 132 Whitney Ave., spoke for the protection of bikers.
Gladwyn d'Souza, 140 Whitney Ave., spoke for striping on Los Gatos Blvd.
Don Wolf, 15400 Winchester Blvd., #36, asked for striped lanes on the Boulevard.
Greg Presedo-Floyd, 420 Hershner Way, asked for the security of marked bike lanes.
Lucille Weidman, 215 Carlester Drive, noted that a bike lane on Los Gatos Boulevard would not
link to any other bike lane for some time to come. The San Jose and Campbell Lanes do not come
this far.
Jim McHugh, 16150 Kennedy Road, believes that any form of encouragement to bicyclists to travel
on Los Gatos Boulevard is unsafe. He does not want the traffic lanes narrowed.
Marcia Wire, 15533 Kavin Lane, Monte Sereno, asked for marked bike lanes.
Sheldon Smith, 14225 Lora Drive, #79, does not approve of invisible bike lanes.
Elizabeth Smith, 17551 Vineland Ave, Monte Sereno, asked for a pedestrian friendly environment
for Los Gatos Boulevard which will include thoughtful accommodations for bicyclists.
John Moore, 15500 Los Gatos Blvd., does not think bike lanes on Los Gatos Boulevard would be
safe due to the many business driveways on that street.
Bill Hirschman, 1540 Parkmoor Ave, San Jose, asked for adoption of the Boulevard Plan and all the
numerous issues it encompasses.
Audrey Christiansen, Magneson Loop, cyclist who desires bike lanes.
No one else from the audience addressed this issue.
Motion by Mr. Attaway, seconded by Mrs. Benjamin, to close the public hearing. Carried
unanimously.
Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council approve the Los Gatos
Boulevard Plan and Design Standards but without the bike lanes and lane widths. Carried
unanimously.
Motion by Mr. Hutchins, seconded by Mr. Attaway, to include 11 foot traffic lanes, and wider but
unmarked bicycle lanes, and to bring the results of this action back to Council with a report in one
year. Carried by a vote of three ayes. Mr. Blanton and Mrs. Benjamin voted no considering the
proposal unsafe.
Motion by Mr. Hutchins, seconded by Mr. Attaway, that Council make the Negative Declaration
concerning the Los Gatos Boulevard Plan and Design Standards, but eliminates reduced lane widths
and widened bicycle lanes. Carried unanimously.
Motion by Mr. Hutchins, seconded by Mr. Attaway, that Council make the Negative Declaration
which include 11 foot traffic lanes, and wider but unmarked bicycle lanes, and to bring the results of
this action back to Council with a report in one year. Carried by a vote of three ayes. Mr. Blanton
and Mrs. Benjamin voted no considering the proposal unsafe.
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TOWN COUNCIL/REDEVELOPMENT AGENCY Minutes of December 1, 1997
Los Gatos, California
HEARINGS CONTINUED
SANTA ROSA DRIVE 550/SINGLE FAMILY RESIDENCE/APPEAL (16.09)
Mayor Lubeck stated that this was the time and place duly noted for public hearing to consider
appeal of the Planning Commission's decision to deny an appeal of an Architecture and Site approval
to construct a new single family residence in the HR-1 Zone. Project Application PRJ-97-119.
Property Location: 550 Santa Rosa Drive. Property Owner: Maryam Rahimian. Applicant:
Mahshid Akhavan. Appellant: Michael Burke.
The following people from the audience spoke to this issue:
Michael Burke, 16769 Hicks Road, spoke of safety issues, fire in the hillsides and the necessity of
having an alternative access route from his property.
Mahshid Akhavan, 11631 Seven Springs Drive, Cupertino, architect for the project, spoke of water
control concerning erosion issues. She noted that there was no legal easement granted over the
property for the Burke's.
No one else from the audience addressed this issue.
Motion by Mrs. Benjamin, seconded by Mr. Attaway, to close the public hearing. Carried
unanimously.
Council Consensus to request a report from staff and Central Fire, because Council believes these
concerns have merit and so Council is attempting to give appropriate direction to staff to study the
issue and return with an agenda item in the future.
Motion by Mr. Hutchins, seconded by Mr. Attaway, that Council uphold the Planning
Commission's decision and deny the requested appeals. Carried unanimously.
OLIVE STREET 133/ESTABLISH LOADING ZONE (17.09)
Pam Petersen, 133 Olive Street, spoke regarding her request to remove the red zone which was
placed in front of her home this year.
Motion by Mrs. Benjamin, seconded by Mr. Blanton, after discussion Council denied request to
establish a loading zone at 133 Olive Street. Carried unanimously.
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TOWN COUNCIL/REDEVELOPMENT AGENCY Minutes of December 1, 1997
Los Gatos, California
VALLEY FOUNDATION GRANT/LIBRARY COORDINATOR/RESOLUTION 1997-137 (18.20)
Mayor Lubeck stated that this was the time and place duly noted to consider accepting Valley
Foundation Grant; appropriating matching funds from the Friends for a Library Volunteer
Coordinator; establishing a project budget; and adopt resolution amending the position and
Classification Plan in include a Volunteer Coordinator position.
Motion by Mr. Attaway, seconded by Mr. Hutchins, that Council adopt Resolution 1997-137
entitled, RESOLUTION OF THE TOWN OF LOS GATOS AMENDING THE POSITION
AND CLASSIFICATION PLAN TO ADD THE HOURLY POSITION OF VOLUNTEER
COORDINATOR, CLASSIFICATION 9040 AND SALARY RANGE 9908. Carried
unanimously.
COUNCIL COMMITTEE REPORTS
Reminder of the December Meeting for the Cities Association Thursday, Dec. 11th at 6 p.m. Dinner
at the Hayes Mansion for Council Members and Staff.
ADJOURNMENT
Motion by Mr. Hutchins, seconded by Mr. Blanton, that this evening's meeting be adjourned at
11:32 p.m. Carried by a vote of 4 ayes. Mr. Attaway absent.
ATTEST:
Marian V. Cosgrove
Town Clerk
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