M 05-18-98TOWN OF LOS GATOS
CALIFORNIA
TOWN COUNCIL/PARKING AUTHORITY
JOINT REDEVELOPMENT AGENCY
May 18, 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 7:31 p.m., Monday, May 18, 1998, in
joint regular session.
ROLL CALL
Present:Randy Attaway, Steven Blanton, Jan Hutchins
and Mayor/Chairman Linda Lubeck.
Absent:Joanne Benjamin.
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)/Management Group/American Federation of State, County and
Municipal Employees (AFSCME). Council gave direction to the negotiator but no action was taken at
the meeting.
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.
RATIFICATION OF PAYROLL/APRIL-MAY 1998 (03.V)
Motion by Mr. Attaway, seconded by Mr. Hutchins, that Council ratify the check registers for the
payrolls of April 5 through April 18, 1998 and April 19 through May 2, 1998 paid on May 8, 1998 in
the amount of $659,959.04. Carried by a vote of 4 ayes. Mrs. Benjamin absent.
ACCOUNTS PAYABLE/RATIFICATION/MAY 1998 (04.V)
Motion by Mr. Attaway, seconded by Mr. Hutchins, that Council ratify the accompanying check
registers for accounts payable invoices paid on May 1, and May 8, 1998 in the amount of
$414,154.22. Carried unanimously. Carried by a vote of 4 ayes. Mrs. Benjamin absent.
MINUTES OF MAY 4, 1998 (05.V)
Motion by Mr. Attaway, seconded by Mr. Hutchins, that Council approve the Joint Town
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Council/Redevelopment Agency Minutes of May 4, 1998 as submitted. Carried by a vote of 4 ayes.
Mrs. Benjamin absent.
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Town Council Minutes May 18, 1998
Redevelopment Agency Los Gatos, California
AMICUS BRIEF/SAN BERNADINO EMPLOYEES/VS CITY OF FONTANA (06.01)
Motion by Mr. Attaway, seconded by Mr. Hutchins, that Council authorize Town Attorney to include
the Town of Los Gatos as an amicus curiae in the case of San Bernadino Public Employees Assn. v.
City of Fontana, Division Two, Fourth Appellate District, at no cost to Town. Carried unanimously.
Carried by a vote of 4 ayes. Mrs. Benjamin absent.
COMBINING ZONING DISTRICT DELETION FROM COUNTY ZONING ORDINANCE (08.47)
Motion by Mr. Attaway, seconded by Mr. Hutchins, that Council concur with the County of Santa
Clara's recommendation to delete the "-cs" Combining Zoning District from the County's Zoning
Ordinance. Carried by a vote of 4 ayes. Mrs. Benjamin absent.
BAY AREA AIR QUALITY MANAGEMENT DISTRICT/RETURN OF GRANT FUNDS (09.28)
Motion by Mr. Attaway, seconded by Mr. Hutchins, that Council authorize return of Bay Area Air
Quality District grant monies from equipment replacement fund account 201-45025 in the amount of
$162, 580, authorize budget adjustments in fiscal impact and close the project. Carried by a vote of 4
ayes. Mrs. Benjamin absent.
COMPLETION NOTICE/GREENBRIAR/TRACT 8899/RESOLUTION 1998-62 (10.09)
Motion by Mr. Attaway, seconded by Mr. Hutchins, that Council adopt Resolution 1998-62 entitled,
RESOLUTION OF THE TOWN OF LOS GATOS ACCEPTING WORK OF GREENBRIAR
SARATOGA ROAD COMPANY, TRACT 8899, THE BELLGROVE SUBDIVISION, 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. Mrs. Benjamin absent.
KNOWLES & CAPRI/TRAFFIC SIGNAL INSTALLATION/RESOLUTION 1998-63 (11.BX)
Motion by Mr. Attaway, seconded by Mr. Hutchins, that Council adopt Resolution 1998-63 entitled,
RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING ADJUSTMENT TO 1998-
2003 CAPITAL IMPROVEMENT PROGRAM ALLOWING KNOWLES DRIVE AND CAPRI
DRIVE TRAFFIC SIGNAL INSTALLATION PROJECT TO BEGIN IN 1997-98 FISCAL
YEAR. Carried by a vote of 4 ayes. Mrs. Benjamin absent.
OAK MEADOW PARK WALL/SANTA CLARA COUNTY PARKS/RESOLUTION 1998-64 (12.23)
Motion by Mr. Attaway, seconded by Mr. Hutchins, that Council adopt Resolution 1998-64 entitled,
RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER
TO ENTER INTO A COOPERATIVE AGREEMENT WITH THE SANTA CLARA COUNTY
PARKS DEPARTMENT FOR THE RESTORATION OF THE OAK MEADOW PARK
GABION WALL. Carried by a vote of 4 ayes. Mrs. Benjamin absent.
RENTAL DISPUTE RESOLUTION SERVICES/SANTA CLARA BAR ASSOC. (13.19)
This item was removed from the agenda because staff had not finalize the agreement.
SOLID WASTE DIVERSION/AB 939/SANTA CLARA COUNTY/RESOLUTION 1998-65 (14.08)
Motion by Mr. Attaway, seconded by Mr. Hutchins, that Council adopt Resolution 1998-65 entitled,
RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER
TO EXECUTE AN AMENDMENT TO THE AGREEMENT WITH THE COUNTY OF SANTA
CLARA FOR THE CONTINUED COLLECTION OF THE COUNTYWIDE AB 939
IMPLEMENTATION FEE. Carried by a vote of 4 ayes. Mrs. Benjamin absent.
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BRUSH DECLARED A PUBLIC NUISANCE/RESOLUTION 1998-66 (15.28)
Motion by Mr. Attaway, seconded by Mr. Hutchins, that Council adopt Resolution 1998-66 entitled,
RESOLUTION OF THE TOWN OF LOS GATOS DECLARING BRUSH A PUBLIC
NUISANCE AND PROVIDING FOR ABATEMENT. Carried by a vote of 4 ayes. Mrs. Benjamin
absent.
PROSPECT AVE 175/RESIDENTIAL/TREE REMOVAL/RESOLUTION 1998-67 (16.09)
Motion by Mr. Attaway, seconded by Mr. Hutchins, that Council adopt Resolution 1998-67 entitled,
RESOLUTION OF THE TOWN OF LOS GATOS GRANTING AN APPEAL OF A PLANNING
COMMISSION DECISION UPHOLDING THE PLANNING DIRECTOR'S DECISION
DENYING A TREE REMOVAL PERMIT AS PART OF A MINOR RESIDENTIAL
DEVELOPMENT APPLICATION FOR THE CONSTRUCTION OF A NEW 241.5 SQ. FT
ACCESSORY STORAGE BUILDING WITH REDUCED SETBACKS. Carried by a vote of 4
ayes. Mrs. Benjamin absent.
VILLAGE LANE 320/VILLAGE HOUSE/CONDITIONAL USE PERMIT
RESTAURANT & OUTDOOR SEATING/RESOLUTION 1998-68 (17.09)
Motion by Mr. Attaway, seconded by Mr. Hutchins, that Council adopt Resolution 1998-68 entitled,
RESOLUTION OF THE TOWN OF LOS GATOS DENYING AN APPEAL OF A PLANNING
COMMISSION DECISION APPROVING A CONDITIONAL USE PERMIT TO OPERATE A
NEW RESTAURANT WITH OUTDOOR SEATING AND THE SERVICE OF BEER AND
WINE AT THE SITE OF AN EXISTING UNLAWFUL RESTAURANT (VILLAGE HOUSE)
ON PROPERTY ZONED C-2. Carried by a vote of 4 ayes. Mrs. Benjamin absent.
PARKING IN-LIEU PROGRAM/NORTH OF ANDREWS/ORDINANCE 2043 (18.46)
Motion by Mr. Attaway, seconded by Mr. Hutchins, that Council adopt Ordinance 2043 entitled,
ORDINANCE OF THE TOWN OF LOS GATOS AMENDING CHAPTER 29, DIVISION 5,
ARTICLE I, TO EXTEND THE NONCONFORMING PARKING IN-LIEU PROGRAM TO
INCLUDE EXISTING NONCONFORMING PROPERTIES, THAT FRONT NORTH SANTA
CRUZ AVENUE, AND ARE LOCATED BETWEEN ANDREWS STREET AND ASHLER
AVENUE, which was introduced at the Council meeting of May 4, 1998. Carried by a vote of 4 ayes.
Mrs. Benjamin absent.
HEARINGS
TOWN FEES, RATES AND CHARGES/AMENDED/HEARING/RESOLUTION 1998-69 (19.05)
Mayor Lubeck stated that this was the time and place duly noted for public hearing to consider
adopting resolution continuing certain departmental fees, rates and charges; amending certain fees,
rates and charges, and adding certain fees, rates and charges.
The following people from the audience spoke to this issue:
Carrie Perlstein, 334 Los Gatos Boulevard, spoke in favor of not having demolition fees for a non
inhabitable secondary unit.
No one else from the audience addressed this issue.
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HEARINGS CONTINUED
TOWN FEES, RATES AND CHARGES/CONT.
Motion by Mr. Attaway, seconded by Mr. Blanton, to close the public hearing. Carried by a vote of 4
ayes. Mrs. Benjamin absent.
Motion by Mr. Attaway, seconded by Mr. Hutchins, that Council adopt Resolution 1998-69 entitled,
RESOLUTION OF THE TOWN OF LOS GATOS CONTINUING CERTAIN
DEPARTMENTAL SERVICE FEES, RATES AND CHARGES; AND ADDING CERTAIN
FEES, RATES AND CHARGES. Carried by a vote of 4 ayes. Mrs. Benjamin absent.
Council Consensus to bring back the subject of fees for demolition proceedings. Specifically fees
concerning demolition of secondary units to be discussed during the next Town Fee Schedule Study.
MOBILE HOME PARK CONVERSION/HEARING/ORDINANCE INTRODUCTION (20.46)
Mayor Lubeck stated that this was the time and place duly noted for public hearing to consider
amending the Town Code regarding Mobile Home Park Conversion, Section 29.20.820 "Findings
Upon Consideration of Application" and Section 29.20.805 "Definitions," to implement Housing
Element Section 3.5.10 of the General Plan, Zoning Code Amendment A-98-03. Applicant: Town of
Los Gatos.
The following people from the audience spoke to this issue:
Jack Jones, 484 Woodland Ave. #45, Los Gatos Mobile Home Park, supports the continued operation
of the Park.
Martha Hoffman, 484 Woodland Ave. #72, Mobile Home Park resident would like some protection
for her home.
Stephen Carlson, 484 Woodland Ave. #66, was in favor of the amendment and in support for of the
residents of the Park.
Paula Alves, 484 Woodland Ave. #47, tenant needs to keep a place to live at same cost as she is now
paying. She asked for specifics and clarity in the ordinance.
Victoria Recktenwald, 484 Woodland #25, supply housing at same value, and be more clear in the
wording of the ordinance.
Marilyn Bowley, 484 Woodland Ave. #51, asked what a low income unit is defined as?
Daniel Hingle, 484 Woodland Ave., lives at the park and is a lifetime Los Gatos resident. He asked
what the rights of a tenant are?
Rick Florendo, 484 Woodland Ave., long time resident of Los Gatos would appreciate Council's
support of this neighborhood.
Geoff Lamb, 58 Chester Street, spoke for the surrounding neighborhood and noted the impact a large
residential complex would have on those streets.
Gerald Mirassou, 8709 Los Encantos Circle, Elk Grove, co-owner of Bonnie View Mobile Home
Park, 14685 Oka Road, is not in favor of these amendments, and noted for the record and for his
tenants that he has no intention of converting his Park.
Thomas Furr, 484 Woodland Ave. #14, resident who is concerned about this process.
Brian Kulman, 59 Chester Street, is not in favor of high density housing in this neighborhood.
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HEARINGS CONTINUED
MOBILE HOME PARK CONVERSION/HEARING CONT.
Speakers continued:
Woman Speaker, resident of the park spoke of community support from her neighbors.
Pete Arena, 62 Chester Street, not in favor as homeowner in area.
Leisa Morton, 484 Woodland Ave. #16, Mobile Home Park, spoke of the neighborhood where people
have lived for over twenty years.
No one else from the audience addressed this issue.
Motion by Mr. Attaway, seconded by Mr. Hutchins, to close the public hearing. Carried by a vote of
4 ayes. Mrs. Benjamin absent.
Council considered a variety of options and decided to begin again for clarity and understanding of the
issues involved.
Motion by Mr. Blanton, seconded by Mr. Hutchins to reject the ordinance before Council. Carried by
a vote of 4 ayes. Mrs. Benjamin absent.
Council Consensus to send this item to the General Plan Committee and to the Rent Advisory
Committee for their study and reports. Mayor Lubeck will meet with owners and tenants to discuss
the process and concerns, such as: 1) What does conversion really mean and how does that affect me?
2)What is the mechanism for raising rents? 3) What mechanism is used for closure? The Rent
Advisory Committee will report to the General Plan Committee. Committees and staff will work on
this for a few months to craft an ordinance which recognizes concerns of owners tenants and
neighborhoods and looks at the issues comprehensively. Some considerations of BMP units should be
discussed. Definitions will be clarified.
LOS GATOS BLVD 15575/HIGHWAY COMMERCIAL/ORDINANCE INTRODUCTION (21.46)
Mayor Lubeck stated that this was the time and place duly noted for public hearing to consider a
request for approval of a zone change from R-1:8 (Single Family Residential, Minimum Lot Size
8,000 Sq. Ft.) to CH (Restricted Highway Commercial.) No significant environmental impacts have
been identified as a result of this project, and a negative declaration is recommended. Development
Application DEV-98-001. Negative Declaration ND-98-001. Property Location: 15575 Los Gatos
Boulevard. Applicant: Sam Maliniak. Property Owner: Lexmar Development Co.
No one from the audience addressed this issue.
Motion by Mr. Attaway, seconded by Mr. Hutchins, to close the public hearing. Carried by a vote of
4 ayes. Mrs. Benjamin absent.
Motion by Mr. Attaway, seconded by Mr. Blanton, that Council make the Negative Declaration and
find the amendment is consistent with the General Plan and Los Gatos Boulevard Plan. Carried by a
vote of 4 ayes. Mrs. Benjamin absent.
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Redevelopment Agency Los Gatos, California
LOS GATOS BLVD 15575/HIGHWAY COMMERCIAL CONT.
The Town Clerk read the Title of the Proposed Ordinance.
Motion by Mr. Attaway, seconded by Mr. Hutchins, that the Council waive the reading of the
Proposed Ordinance. Carried by a vote of 4 ayes. Mrs. Benjamin absent.
Motion by Mr. Attaway, seconded by Mr. Hutchins, that Council introduce Proposed Ordinance
entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONING MAP
#127 FROM R-1:8 TO CH FOR THE PROPERTY LOCATED AT 15575 LOS GATOS
BOULEVARD. Carried by a vote of 4 ayes. Mrs. Benjamin absent.
PROJECT 9811/SEWER IMPROVEMENTS/PLANS & SPECS/RESOLUTION 1998-70 (22.35)
Motion by Mr. Attaway, seconded by Mr. Hutchins, that Council adopt Resolution 1998-70 entitled,
RESOLUTION OF THE TOWN OF LOS GATOS APPROVING PLANS AND
SPECIFICATIONS FOR PROJECT 9811 - SEWER IMPROVEMENTS. Carried by a vote of 4
ayes. Mrs. Benjamin absent.
SHORT TERM PARKING ALTERNATIVES IN THE DOWNTOWN (23.40)
Council considered Parking Commission recommendations for short term parking alternatives in the
Downtown noting the following issues and adding to them:
●Attendant valet parking: Was not successful last year when offered to the public in general but
it may be useful in private lots. Presently the policy is for the Town to be the lead in valet parking.
Council may revisit this subject so that valet parking could be initiated privately first. This would take
an ordinance amendment. Statistics showing how many private parking spaces fall in the private
category in the downtown area, and other related and corresponding information was requested?
Owners of these properties to be asked if they even want to consider valet parking in their lots.
●Provide parking at the Peerless/Greyhound Bus Depot: Consensus to pursue this lot if it does
not cost too much. Striping can happen right away. Mr. Baker said that less than $6,000 would be
needed to fix this lot.
●Paid Parking: Mrs. Benjamin and Mr. Attaway are not in favor. Mr. Blanton noted that he
would consider this option in Town lots and to specifically designate the returns to pay for an
additional lot. Mrs. Lubeck sees this option as part of a long term solution and not part of the
consideration of short term alternatives under the agenda discussion.
●Ride sharing/bus use: No practical plan has emerged.
●Improve the Park and Ride Lot: Council consensus was yes, and it is in budget.
●Change parking time limits: Only by having a master plan which would address large parking
zones. The plan would have to have the input of the affected businesses and neighbors.
●Improve signs: Council consensus was yes, and a plan has already been initiated.
●Develop a employee incentive parking program: Council consensus to encourage this concept.
●Provide diagonal parking on south Santa Cruz, south of Broadway: Council consensus to
work on this idea, and have staff return with report.
●Increase parking on Miles Avenue, south of the creek: Employee parking on Miles Ave. could
be encouraged to make use of the 45 spaces available, but customer parking should be limited due to
the impact on the Edelen neighborhood.
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Town Council Minutes May 18, 1998
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SHORT TERM PARKING ALTERNATIVES CONT.
●Look at the 30 minute parking restrictions on the spaces next to the Plaza and across from
Willow Street Pizza.
The following people from the audience spoke to this issue:
Sue Farwell, 121 Laurel Ave., spoke against stacking equipment for safety and liability reasons.
Andy Faver, 10 Almaden Boulevard, San Jose, representing Lyndon Plaza, asked that they be allowed
to continue limited valet parking in the Lyndon Plaza lot on a interim basis.
Bill Bacci, 236 N. Santa Cruz, asked Council to take action on long term parking immediately.
ENVIRONMENTAL REVIEW PROCESS UPDATE (07.47)
Motion by Mr. Hutchins, seconded by Mr. Attaway, that Council accept staff report regarding update
of Town's Environmental Review Process, with the following comments: Interested parties should
receive a notice about this subject appearing on the June 1, 1998 Council Agenda; The consultant
selection process will incorporate a Council member and a Planing Commissioner to help make the
process more public; There should be a sunset date to st the time for review and renegotiation of
contract; This is a step towards streamlining the Environmental Review Process, which in many cities
is done by staff; The Initial Study consultant will also be able to do an EIR if needed. Carried by a
vote of 4 ayes. Mrs. Benjamin absent.
COUNCIL COMMITTEE REPORTS
Linda Lubeck reported on the facilitation meetings between neighborhoods and CPUC & PG&E. She
noted that three meetings have been held for organizational and technical considerations. Makeup of
the committee has been modified, and discussions concerning undergrounding are taking place.
ADJOURNMENT
Mayor Lubeck adjourned this evening's meeting at 9:53 p.m.
ATTEST:
Marian V. Cosgrove
Town Clerk
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