M 04-20-98TOWN OF LOS GATOS
CALIFORNIA
TOWN COUNCIL/PARKING AUTHORITY
JOINT REDEVELOPMENT AGENCY
April 20, 1998/Minutes
TOWN COUNCIL
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 7:32 p.m., Monday, April 20, 1998, 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
Orry Korb, Town Attorney, reported that Council had met in Closed Session prior to this evening's
meeting pursuant to Government Code Section 54957.6, to Conference with Labor Negotiator. Town
Negotiator (Lead): James W. Piper, Assistant Town Manager/Personnel Officer/Associations: Town
Employees Association (TEA)/Confidential Unit/American Federation of State, County and
Municipal Employees (AFSCME). No action was taken at the meeting.
PRESENTATION/TREE CITY U.S.A./NATIONAL ARBOR DAY FOUNDATION (00.28)
Mayor Lubeck introduced Dave Watell, of the State of California Department of Forestry, acting for
the National Arbor Day Foundation, who presented the Town of Los Gatos with its 18th Annual "Tree
City U.S.A." Award. Mrs. Lubeck thanked Mr. Watell for this honor.
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. Hutchins, that Council approve the recommended action
concerning County Referrals:
NUMBER LOCATION APPLICANT REQUEST
RECOMMENDATION
5648 150 Wood Road Crough Time Extension
Approval/One Condition
Carried unanimously.
PLANNING COMMISSION/PLANNING DEPARTMENT MONTHLY STATUS REPORT (03.47)
Informational report regarding activity of Planning Commission and Department was received and
filed.
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CODE COMPLIANCE/QUARTERLY REPORT (04.47)
Informational report from the Code Compliance Officer regarding abatement of code violations was
received and filed.
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RATIFICATION OF PAYROLL/MARCH 1998 (05.V)
Motion by Mrs. Benjamin, seconded by Mr. Hutchins, that Council ratify the check registers for the
payrolls of March 8 through March 21, 1998 paid on March 27, 1998 in the amount of $324,386.88.
Carried unanimously.
ACCOUNTS PAYABLE/RATIFICATION/MARCH-APRIL 1998 (06.V)
Motion by Mrs. Benjamin, seconded by Mr. Hutchins, that Council ratify the accompanying check
registers for accounts payable invoices paid on March 27, April 3 and April 10, 1998 in the amount of
$511,250.74. Carried unanimously.
MINUTES OF APRIL 6, 1998 (07A.V)
Motion by Mrs. Benjamin, seconded by Mr. Hutchins, that Council approve the Minutes of April 6,
1998 as corrected on page six. The center of the motion reads as follows, "Deny this application and
do not move it anywhere else." This should be corrected to the following, " Council does not feel it
has the ability to request denial of this application because it has no other site to recommend." Carried
unanimously.
MINUTES OF APRIL 13, 1998 (07B.V)
Motion by Mrs. Benjamin, seconded by Mr. Hutchins, that Council approve the Joint Town Council/
Redevelopment Agency Minutes of April 13, 1998 as submitted. Carried unanimously.
UNION AVE & BLOSSOM HILL RD/STORM DRAIN PIPE/GREENBRIAR CO (08.37)
Motion by Mrs. Benjamin, seconded by Mr. Hutchins, that Council rebudget $60,910 from fund
461-36000 for storm drainage improvements - Greenbriar Saratoga Road Company. Carried
unanimously.
FAIRVIEW PLAZA 95/COMMUNITY HOUSING DEVELOPERS/RESOLUTION 1998-35 (09.09)
Motion by Mrs. Benjamin, seconded by Mr. Hutchins, that Council adopt Resolution 1998-35
entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN
MANAGER TO EXECUTE DOCUMENTS REQUIRED TO RESTRUCTURE AN
ACQUISITION LOAN TO COMMUNITY HOUSING DEVELOPERS FOR THE 95
FAIRVIEW PLAZA FOURPLEX. Carried unanimously.
TREE CITY U.S.A./TOWN OF LOS GATOS/18TH YEAR AWARD (11.23)
Motion by Mrs. Benjamin, seconded by Mr. Hutchins, that Council accept designating the Town of
Los Gatos "Tree City U.S.A." Carried unanimously.
GENERAL PLAN TASK FORCE II/APPOINTMENTS/RESOLUTION 1998-36 (12.20)
Motion by Mrs. Benjamin, seconded by Mr. Hutchins, that Council adopt Resolution 1998-36
entitled, RESOLUTION OF THE TOWN OF LOS GATOS ESTABLISHING THE 30
MEMBER GENERAL PLAN TASK FORCE II AS AN ADVISORY BODY TO THE TOWN
COUNCIL. Carried unanimously.
ANNEXATION/BLOSSOM HILL 21/BLOSSOM HILL 14734/RESOLUTION 1998-37 (13.14)
Motion by Mrs. Benjamin, seconded by Mr. Hutchins, that Council adopt Resolution 1998-37
entitled, RESOLUTION OF THE TOWN OF LOS GATOS ORDERING THE
REORGANIZATION OF CERTAIN UNINHABITED TERRITORY DESIGNATED AS
BLOSSOM HILL ROAD 21 TO THE TOWN OF LOS GATOS. Carried unanimously.
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PROJECT 9515/TRAFFIC SIGNAL UPGRADES/RESOLUTION 1998-38 (14.35)
Motion by Mrs. Benjamin, seconded by Mr. Hutchins, that Council adopt Resolution 1998-38
entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH GAB CONSTRUCTION OF PROJECT 9515
FEDERAL PROJECT CML-5067 (002) TRAFFIC SIGNAL CONTROLLER UPGRADES.
Carried unanimously.
KENNEDY MEADOWS/LANDSCAPING & LIGHTING ZONE/RESOLUTION 1998-39 (15.28)
Motion by Mrs. Benjamin, seconded by Mr. Hutchins, that Council adopt Resolution 1998-39
entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN
MANAGER TO ENTER INTO AN AGREEMENT WITH H.T. HARVEY & ASSOCIATES,
ECOLOGICAL CONSULTANTS, FOR MITIGATION MONITORING SERVICES FOR A
CONTRACT AMOUNT OF $5,970. Carried unanimously.
LANDSCAPING AND LIGHTING ZONES/DISTRICTS 1 AND 2/RESOLUTION 1998-40 (16.28)
Motion by Mrs. Benjamin, seconded by Mr. Hutchins, that Council adopt Resolution 1998-40
entitled, RESOLUTION OF THE TOWN OF LOS GATOS ORDERING THE DISTRICT
ENGINEER TO PREPARE AND FILE AN ANNUAL REPORT IN ACCORDANCE WITH
STREETS & HIGHWAYS CODE 22565 AND FOLLOWING REGARDING LANDSCAPING
& LIGHTING DISTRICT ASSESSMENT #1: BLACKWELL DRIVE BENEFIT ZONE;
HILLBROOK BENEFIT ZONE; KENNEDY MEADOWS BENEFIT ZONE; SANTA ROSA
HEIGHTS BENEFIT ZONE; VASONA HEIGHTS BENEFIT ZONE; AND LANDSCAPING
AND LIGHTING ASSESSMENT DISTRICT #2: GEMINI COURT BENEFIT ZONE OF THE
TOWN OF LOS GATOS. Carried unanimously.
OAK MEADOW PARK/RETAINING WALL/RESOLUTION 1998-41 (17.35)
Motion by Mrs. Benjamin, seconded by Mr. Hutchins, that Council adopt Resolution 1998-41
entitled, RESOLUTION OF THE TOWN OF LOS GATOS REBUDGETING AND
ACCELERATING THE OAK MEADOW PARK RETAINING WALL PROJECT FOUND IN
THE 1997 CAPITAL IMPROVEMENT PROGRAM ESTABLISHING A $123,000
EXPENDITURE BUDGET FROM FUND BALANCE (STORM BASIN #2). Carried
unanimously.
LIBRARY RESTROOMS/PROJECT 9708/RESOLUTION 1998-42 (18.35)
BLOSSOM HILL PARK FACILITIES/PROJECT 9801/ADA ACCESSIBILITY UPGRADES
Motion by Mrs. Benjamin, seconded by Mr. Hutchins, that Council adopt Resolution 1998-42
entitled, RESOLUTION OF THE TOWN OF LOS GATOS APPROVING PLANS AND
SPECIFICATIONS FOR AMERICANS WITH DISABILITIES ACT (ADA) ACCESSIBILITY
UPGRADES OF LIBRARY RESTROOMS AND BLOSSOM HILL PARK FACILITIES.
Carried unanimously.
PASSENGER VAN PURCHASE/RESOLUTION 1998-43 (19.28)
Motion by Mrs. Benjamin, seconded by Mr. Hutchins, that Council adopt Resolution 1998-43
entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN
MANAGER TO EXECUTE AGREEMENT FOR THE PURCHASE OF ONE 1998 15
PASSENGER VAN THROUGH THE STATE OF CALIFORNIA DEPARTMENT OF
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GENERAL SERVICES. Carried unanimously.
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COMMUNICATIONS EQUIPMENT/POLICE DEPARTMENT/RESOLUTION 1998-44 (20.09)
Motion by Mrs. Benjamin, seconded by Mr. Hutchins, that Council adopt Resolution 1998-44
entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN
MANAGER TO EXECUTE AGREEMENT WITH MOTOROLA FOR THE PURCHASE OF
COMMUNICATION EQUIPMENT. Carried unanimously.
PARKING CITATIONS/ENFORCEMENT TECHNOLOGIES/RESOLUTION 1998-45 (21.09)
Motion by Mrs. Benjamin, seconded by Mr. Hutchins, that Council adopt Resolution 1998-45
entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN
MANAGER TO EXECUTE A THREE YEAR AGREEMENT AND FUTURE ANNUAL
EXTENSION FOR UP TO TWO YEARS WITH ENFORCEMENT TECHNOLOGIES TO
PROCESS PARKING CITATIONS. Carried unanimously.
LOS GATOS CHAMBER OF COMMERCE FOR 1997-98 SERVICES/RESOLUTION 1998-46
(22.20)
Motion by Mrs. Benjamin, seconded by Mr. Hutchins, that Council adopt Resolution 1998-46
entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN
MANAGER TO EXECUTE AN AGREEMENT AMENDMENT WITH THE LOS GATOS
CHAMBER OF COMMERCE FOR FISCAL YEAR 1997/98 SERVICES. Carried unanimously.
HEARINGS
TOWN OF LOS GATOS STRATEGIC PLAN 1998-2003/HEARING (23.10)
Mayor Lubeck announced that this was the time and place so noted for public hearing to consider the
Town of Los Gatos Strategic Plan for July 1, 1998 to June 30, 2003.
There was no one from the audience to speak to this subject.
Mr. Blanton noted for the record that the statement on page 8, to build a new public library when
funding materializes, could cause some conflict when competition for funding occurs between
building a new parking structure, funding road improvements and constructing a library. He believes
that Council should prioritize these projects, and note the difference in the strategic plan so readers do
not make false assumptions concerning the items addressed in the plan.
Motion by Mr. Hutchins, seconded by Mrs. Benjamin, to close the public hearing. Carried
unanimously.
Motion by Mr. Hutchins, seconded by Mrs. Benjamin, that Council adopt the 1998-2003 Strategic
Plan for Los Gatos with the corrections made in the desk item received this evening. Carried
unanimously.
SECONDARY DWELLING UNITS/TRANSFERS/DEMOLITIONS/CONVERSIONS/REMOVALS
ZONING ORDINANCE AMENDMENT/A-98-001/INTRODUCTION/HEARING (24.46)
Mayor Lubeck announced that this was the time and place so noted for public hearing to consider
amending the Town Code to allow the demolition, conversion, or removal of approved secondary
dwelling units and the transfer of secondary dwelling unit development rights, Zoning Ordinance
Amendment A-98-001. This matter will not have a significant impact on the environment, and is,
therefore, exempt from the requirement of the California Environmental Quality Act. Applicant:
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Town of Los Gatos.
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HEARINGS CONTINUED
SECONDARY DWELLING UNITS/TRANSFERS/DEMOLITIONS/CONVERSIONS/CONT.
Lee Bowman, Planning Director, explained the two alternate Ordinances before Council this evening.
One creates a pool of secondary units and the other eliminates the possibility of adding any secondary
dwellings. A conditional use permit would be needed, and each application would be on a case by
case basis.
One person from the audience addressed this issue:
Larry Perlstein, 334 Los Gatos Boulevard, asked for Alternative #1. He thinks not many people will
ask to eliminate their secondary dwelling, but many will overburden staff by asking for a unit from the
pool.
Motion by Mr. Hutchins, seconded by Mr. Blanton, to close the public hearing. Carried
unanimously.
Motion by Mr. Attaway, seconded by Mrs. Benjamin, that Council adopt Alternative Number
One which eliminates the choices for secondary dwellings. Motion failed by 2 ayes to 3 noes.
Mr. Attaway believes that people who buy into certain residential neighborhoods purchase with certain
expectations and do not expect to find a rental built next door. Mrs. Benjamin believes that
neighborhoods should remain consistent. Mr. Hutchins would like to find a way to preserve a certain
type of unique housing in Los Gatos if it meets with the approval of its neighbors.
Motion by Mr. Blanton, seconded by Mr. Hutchins, that Council adopt Alternative Number Two
which allows for Secondary Dwelling exchange. Carried by a vote of three ayes. Mr. Attaway and
Mrs. Benjamin voted no because they believe this proposal does not protect existing neighborhoods.
Mr. Blanton noted for the record that he believes this option does include sufficient protection for
existing neighborhoods.
The Town Clerk read the Title of the Proposed Ordinance.
Motion by Mr. Hutchins, seconded by Mr. Blanton, that Council waive the reading of the Proposed
Ordinance. Carried unanimously.
Motion by Mr. Blanton, seconded by Mr. Hutchins, that Council introduce Proposed Ordinance
entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONING
ORDINANCE OF THE TOWN CODE TO ALLOW THE DEMOLITION, CONVERSION, OR
REMOVAL OF APPROVED SECONDARY DWELLING UNITS AND THE TRANSFER OF
SECONDARY DWELLING UNIT DEVELOPMENT RIGHTS, and make the finding that Zoning
Ordinance Amendment A-98-1 is consistent with the General Plan. Carried by a vote of 3 ayes. Mr.
Attaway and Mrs. Benjamin voted no for reasons noted in prior record.
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HEARINGS CONTINUED
MAIN STREET W. 223/PRJ-97-162/MIXED USE OFFICE-RESIDENTIAL/APPEAL (25.09)
Mayor Lubeck announced that this was the time and place so noted for public hearing to consider an
appeal of the Planning Commission decision to make a Negative Declaration concerning the
environmental impacts and approve a Conditional Use Permit to construct a new mixed use building
containing office and residential uses with alternating parking use, and denial of a variance to reduce
the rear yard setback and increase allowable fence height on property zoned C-2. No significant
environmental impacts were identified as a result of this project and Negative Declaration was
adopted. Property address: 223 W. Main Street. Project Application PRJ-97-162. Negative
Declaration ND-97-012. Variance Application V-97-5. Property Owner/Applicant: Susan Farwell.
Appellants: Glen E. Thompson (Willow Street Pizza) and Leonard Crosby (Park View Village
Association.)
Mayor Lubeck stated for the record that she had met with the Town Attorney and determined that she
did not have a conflict of interest.
Mr. Hutchins recused himself from the meeting due to a perceived conflict of interest some may
believe he has.
Mr. Attaway has never voted for a mixed use project and will not change his objections concerning the
mix of residential and business at this time; Mrs. Benjamin believes that mixed use leads to problems
from complaints of the residents to the Council as they encounter problems from the business
community.
The following people from the audience spoke to this issue:
Glenn Thompson, General Partner in Willow Street Woodfire Pizza, asked that an EIR be done and
that construction not be allowed on the present parking lot.
Leonard Crosby, with Park View Associates, addressed valet parking and noted that no one is
interested in leasing their property for parking during the daytime.
Andy Faber, 10 Almaden Blvd., explained his concerns regarding the parking problem at Lyndon
Plaza.
Sue Farwell, 121 Laurel Ave., presented her project, explained the mixed use, and spoke to the
willingness to reserve parking spaces for her tenants.
Michael McKay, MaKay & Associates, Architect for the project, explained the project to Council as
he went over the wall display that all could see.
Kent Mitchell, 550 Hamilton Ave., Palo Alto, Attorney for Applicant, noted that the parking
arrangements had never been alluded to as permanent, and the lease made that clear.
Harvey Sackett, 16015 Short Road, spoke of the increased traffic downtown and the need for
additional parking.
Shirley Henderson, owner of Antiquarium Antiques, two blocks from Willow Street Pizza, she does
not believe that the parking limitations are going to greatly affect the success of Willow Street's
business.
Suzanne Bohan, 14850 Oka Road, noted the parking problems downtown and asked that Old Town
construction be completed before additional building be allowed.
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HEARINGS CONTINUED
MAIN STREET W. 223/PRJ-97-162/MIXED USE OFFICE-RESIDENTIAL/CONT.
Speakers continued:
Ken Cannizzaro, 155 Tait Ave., he believes that the construction and upgrading of downtown are not
the problem but that the town should concentrate on establishing more parking downtown.
Chris Benson, 28 Bachman Ave., stated that people found his business even without the needed on
site parking and with other active businesses nearby. He believes that the town should supply
additional parking.
Larry Arzie, 18000 Overlook Road, spoke in favor of the proposed project and asked for Council's
approval.
Bob Allen, 1765 Blanchard Drive, spoke in favor of the project.
Bill Bacchi, 236 North Santa Cruz, was disappointed in the confrontation over this project when a
commitment to building more parking would answer the problems for many businesses in town.
Ernie Boitano, 127 Alpine, spoke in favor of the proposal and its concern for establishing on site
parking.
Brett Houston, 1720 Zinnia, San Jose, supported the proposal, when visiting Los Gatos he admits to
confronting congested conditions but will tolerate those conditions because of the enjoyment derived
from visiting our Town.
Jeff Forster, 18080 Arlee Drive, Monte Sereno, spoke of the parking crisis in Los Gatos.
Glenn Thompson, 28 Longfellow Road, Mill Valley, General Partner in Willow Street Woodfire
Pizza, spoke of loosing fifty available parking spots due to this proposed project. He spoke of the
possible deterioration of the Lyndon Plaza building due to loss of parking.
Andy Faber, 10 Almaden Blvd., asked that staff work with Lyndon Plaza concerning short term
parking issues if the proposed project is approved.
No one else from the audience addressed this issue.
Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council close the public hearing. Carried
unanimously.
Council Comments:
Joanne Benjamin spoke of parking issues. 1) There should be a short term plan and a long term plan.
2) Set up a schedule for devising a plan for parking in the downtown. 3) Council to receive report
with alternatives. 4) That a hearing be set. 5) That Council act on this plan before Old Town is
completed.
Steve Blanton spoke to allowing temporary valet parking in specific lots, proceeding with a parking
plan and denying the appeals.
Randy Attaway favored a long term plan and a short term plan addressing the parking issue. Council
needs to act immediately with the residents and business community to speed up the process. He
reiterated his aversion to mixed use as far as approval of the proposed project.
Linda Lubeck asked that four parking spaces be dedicated to the residential units. She saw no need
for an EIR concerning the project.
Joanne Benjamin asked that the Parking Commission consider a plan at their next meeting and
present the proposal to Council May 18, 1998.
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HEARINGS CONTINUED
MAIN STREET W. 223/PRJ-97-162/MIXED USE OFFICE-RESIDENTIAL/CONT.
Council Consensus to schedule a joint session with the Parking Commission to look at short term
long term plans for parking structure with in a month. (A feasibility study will be done for a long term
plan for a parking structure, and a report back in a month for short term options for parking
downtown. The Parking Commission will meet May 7th and the next Council meeting will be May
18th.)
Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council uphold the Planning
Commission's decision and deny the two appeals. Carried by a vote of 4 ayes. Mr. Attaway voted no
for reasons noted in this record.
NOTED FOR THE RECORD
Mr. Hutchins rejoined the Council at 9:28 p.m.
HERNANDEZ AVE 55/DESIGNATE LANDMARK HISTORIC PRESERVATION OVERLAY
(26.09)
Mayor Lubeck announced that this was the time and place so noted for public hearing to consider
appeal of a decision from the Planning Commission to initiate proceedings to designate a site with a
Landmark Historic Preservation overlay zone. Property address: 55 Hernandez Avenue. Applicant:
Town of Los Gatos. Appellant: Willie and Helen Mayor Cadiente.
Mayor Lubeck noted that a request for continuance was made by the appellant.
The following people from the audience spoke to this issue:
Leslie Dill, 220 Wilder Ave, spoke of a house of importance to the whole town and which was in need
of immediate protection.
Jim Lyon, 239 Johnson Ave., was surprised to discover that this home had not been designated a
Landmark Home or have a LHP designation. Extensive modifications now in progress are what are in
question now. The historic protection in place does not disallow the current activities.
Fellow Stearns, 37 Peralta, spoke for preservation and integrity of the building, and read a letter from
the following people.
Anne & Preston Hill, 33 Peralta, their letter spoke for preservation of the home and asked that it not
be turned into a board and care home.
Michael Schradle, 35 Palm Avenue, concerned for the welfare of this landmark home. Spoke to the
deterioration of this house since its renovation, and the present remodeling in progress without proper
permits.
Juny Wallace, 68 Ellenwood Ave., noted that she did not want this lovely old home turned into a
boarding house.
JoAnn Shank, 324 Pennsylvania Ave., wants the home to be protected historically and asked Council
to vote against the appeal.
Susan Burnett, 85 Ellenwood, there has been a pattern of delays concerning this matter which should
be recognized.
No one else from the audience addressed this issue.
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HEARINGS CONTINUED
HERNANDEZ AVE 55/DESIGNATE LANDMARK HISTORIC PRESERVATION
OVERLAY/CONT.
Motion by Mrs. Benjamin, seconded by Mr. Blanton, to close the public hearing. Carried
unanimously.
Motion by Mr. Hutchins, seconded by Mr. Attaway, that Council uphold the Planning Commission's
decision to initiate proceedings to designate the site as a Landmark Historic Preservation Overlay
Zone with the understanding that the appellant will have ample opportunity to present his case before
a designation is actually enacted. Carried unanimously.
SIGN REPLACEMENT CENTRAL BUSINESS DISTRICT/RESOLUTION 1998-47 (10.47)
Rick Tharp and Patrick Keller, 50 University Ave., presented plan for signage downtown. The
crown logo for downtown signage to be discussed and refined during further discussion. Mr. Tharp
presented some designs for consideration. The posts for the signs should be considered for
beautification also.
Council comments: New street name signs to go throughout the town so you can readily identify Los
Gatos by its signs; Consider pipes other than galvanized; Each Historic District could have its own
identification on the crown element; The incorporated date, the cats and :Gem of the Foothills" can be
considered as elements of the design. Mr. Tharp should return with figures on the cost of other than
galvanized pipe and submit an estimate along with sign company estimates.
Motion by Mr. Hutchins, seconded by Mrs. Benjamin, that Council adopt Resolution 1998-47
entitled, RESOLUTION OF THE TOWN OF LOS GATOS ADOPTING THE CENTRAL
BUSINESS DISTRICT SIGN REPLACEMENT PROGRAM FOR SIGNS LOCATED IN THE
RIGHT-OF-WAY, with additional consideration concerning poles and crown logo. Carried
unanimously.
RENT DISPUTE RESOLUTION PROGRAM/RESOLUTION 1998-48 (27.19)
RENTAL AND OTHER TENANT-LANDLORD DISPUTES/ORDINANCE INTRODUCTION
The Town Clerk read the Title of the Proposed Ordinance.
Motion by Mr. Blanton, seconded by Mrs. Benjamin, to waive the reading of the Proposed
Ordinance.
Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council introduce Proposed Ordinance
entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE LOS GATOS
TOWN CODE ARTICLE VIII, RENTAL AND OTHER TENANT/LANDLORD DISPUTES
(SECTIONS 14.80.045, 14.80.010 & 14.80.315). Carried unanimously.
Motion by Mr. Attaway, seconded by Mr. Blanton,that Council adopt Resolution 1998-48 entitled,
RESOLUTION OF THE TOWN OF LOS GATOS ADOPTING REVISED RENTAL DISPUTE
RESOLUTION REGULATIONS AND RESCINDING RESOLUTION 1989-210. Carried
unanimously.
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PG&E SUBSTATION/FACILITATION PROCESS/TOWN PARTICIPATION (29.09)
Mayor Lubeck noted that this was the time and place so noticed to considered Town Participation in
the PG&E sub-station facilitation process.
The following people from the audience spoke to this issue:
Jim Creighton, Creighton & Creighton, 142 Tait, Los Gatos, spoke of being assigned as neutral
facilitator by PG&E, and being accepted by Mr. Power and the Town of Los Gatos. Asked that one
Councilmember be assigned to act as liaison to the process. He spoke of neighborhood representation
and the method of choosing the participants.
William Burns, 140 Newell Ave., asked for information on the process of Mr. Creighton's selection
and for an extension of time so that the neighbors would feel a part of the selection process.
Ann Burns, 140 Newell Ave., reiterated concerns of feeling left out of the selection process for the
facilitator and not hearing about this selection except through a neighbor's notice.
Rick Potter, 144 Newell Ave., spoke of the Town's noticing methods and his need to share
information with his neighbors.
No one else from the audience addressed this issue.
Council consensus to ask the CPUC the following:
*Exactly when does the 60 days begin to run?
*What was their intent regarding the manner of appointment of the facilitator?
*Do the neighborhoods have veto power concerning the facilitator?
*Does the CPUC have any intention of how the process of the facilitation is to proceed?
*Mrs. Lubeck will be the representative from the Council to support the facilitation process not
to advocate for any specific site.
GENERAL PLAN COMMITTEE/MEMBERSHIP CONSIDERATION (28.20)
Council considered membership of the General Plan Committee.
Motion by Mr. Hutchins, seconded by Mrs. Benjamin, to open the vacancy to a citizen in general and
to reformulate the membership to include two citizens in general and one business person. Carried by
a vote of 4 ayes. Mrs. Lubeck voted no.
COUNCIL COMMITTEE REPORTS
Linda Lubeck noted that she had attended an ABAG meeting and has literature to disperse to Council
concerning General Growth in the Bay Area
ADJOURNMENT
Mayor Lubeck adjourned this evening's meeting at 11:24 p.m.
ATTEST:
Marian V. Cosgrove
Town Clerk
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