M 10-19-98TOWN OF LOS GATOS
CALIFORNIA
TOWN COUNCIL/PARKING AUTHORITY
JOINT REDEVELOPMENT AGENCY
October 19, 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 7:33 p.m., Monday, October 19, 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
Mayor Lubeck announced that Closed Session had not been held this evening.
PRESENTATIONS/MUSIC IN THE PLAZA SPONSORS (00.20)
Mayor Lubeck made presentations to the sponsors of the Annual Music in the Plaza Events which are
presented free to the public. The following sponsors were noted and the chairman of the Arts
Commission commented on the fine performances and thanked the Town and sponsors for their
continued support for this program: Andale Taqueria, Toll House Hotel, McHugh Lincoln-Mercury of
Los Gatos, Bill Gould Design, Courtside Club, Willow Street Wood-Fired Pizza, Domus, Kelly's
Coffee & Fudge Factory, Anderson-Behel Imports, Valeriano's Ristorante, Washington Mutual Bank,
The Rotary Club of Los Gatos, John Tice, Smythe European/Smythe Volvo.
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 from the Planning Commission/Planning Department regarding monthly status
was received and filed.
RATIFICATION OF PAYROLL/SEPTEMBER-OCTOBER 1998 (03.V)
Motion by Mrs. Benjamin, seconded by Mr. Attaway, that Council ratify the check registers for the
payroll of September 20 through October 3, 1998 paid on October 9, 1998, in the amount of
$367,581.64. Carried unanimously.
ACCOUNTS PAYABLE/RATIFICATION/OCTOBER 1998 (04.V)
Motion by Mrs. Benjamin, seconded by Mr. Attaway, that Council ratify the accompanying check
registers for accounts payable invoices paid on October 2 and October 9, 1998 in the amount of
$319,771.29. Carried unanimously.
MINUTES OF SEPTEMBER 28, 1998 (05A.V)
Motion by Mrs. Benjamin, seconded by Mr. Attaway, that Council approve the Minutes of the joint
meeting with the Planning Commission on September 28, 1998 as submitted. Carried unanimously.
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Town Council Minutes October 19, 1998
Redevelopment Agency Los Gatos, California
MINUTES OF OCTOBER 5, 1998 (05B.V)
Motion by Mrs. Benjamin, seconded by Mr. Attaway, that Council approve the Minutes of October
5, 1998 as corrected on page 7: 1) Mr. Hutchins' statement, "If the item was to return to the General
Plan Committee for consideration he questioned if the larger issues would be addressed and not just
the word definitions." 2) Mr. Hutchins' vote on the second motion, "Mr. Hutchins voted no because it
seemed too site specific to agree to." Carried unanimously.
CLAIM REJECTION/JENNIFER RODRIGUEZ (06.01)
Motion by Mrs. Benjamin, seconded by Mr. Attaway, to reject claim of Jennifer Rodriguez for
alleged false arrest occurring on March 10, 1998, filed with the Town Clerk on September 10, 1998.
Carried unanimously.
BUS STOP AT 208 EAST MAIN (07.40)
Motion by Mrs. Benjamin, seconded by Mr. Attaway, to accept report requesting a bus stop at 208
East Main. Carried unanimously.
DEPARTMENT OF PARKS AND PUBLIC WORKS/POSITION CLASSIFICATIONS (09.10)
Motion by Mrs. Benjamin, seconded by Mr. Attaway, that Council authorize reclassification of
Engineering Technician to Junior Civil Engineer funded with salary and benefit savings; and
authorize transfer of Junior Civil Engineer, salary ($51,700) and benefits ($18,100), from 5040
(Inspection) to 5030 (Engineering); and authorize increase in Engineering budget for purchases of
two (2) computers (5030-77000) in the amount of $9,500 funded from benefit savings (5030-52000).
Carried unanimously.
LOS GATOS CREEK TRAIL RENOVATION/PROJECT 9926/RESOLUTION 1998-165 (10.35)
Motion by Mrs. Benjamin, seconded by Mr. Attaway, that Council adopt Resolution 1998-165
entitled, RESOLUTION OF THE TOWN OF LOS GATOS APPROVING PLANS AND
SPECIFICATION FOR PROJECT 9926 - LOS GATOS CREEK TRAIL RENOVATION AND
AUTHORIZE THE TOWN MANAGER TO EXECUTE AN AGREEMENT WITH RE-NEW
SEALERS INC. IN THE AMOUNT OF $33,979. Carried unanimously.
LOS GATOS CHAMBER OF COMMERCE/1998-99 SERVICES/RESOLUTION 1998-166 (11.19)
Motion by Mrs. Benjamin, seconded by Mr. Attaway, that Council adopt Resolution 1998-166
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 1998/99 SERVICES. Carried unanimously.
COMMERCIAL MIXED PAPER/RECYCLING PROGRAM/RESOLUTION 1998-167 (12.14)
Motion by Mrs. Benjamin, seconded by Mr. Attaway, that Council adopt Resolution 1998-167
entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN
MANAGER TO EXECUTE THE AGREEMENT WITH GREEN VALLEY DISPOSAL
COMPANY FOR A SIX MONTH COMMERCIAL RECYCLING PILOT PROGRAM. Carried
unanimously.
EDELEN PARKING DISTRICT/COMMERCIAL PROPERTIES/RESOLUTION 1998-168 (13.39)
Motion by Mrs. Benjamin, seconded by Mr. Attaway, that Council adopt Resolution 1998-168
entitled, RESOLUTION OF THE TOWN OF LOS GATOS AMENDING RESOLUTION 1992-
128 PROHIBITING PARKING EXCEPT BY PERMIT ON EDELEN AVENUE, MILES
AVENUE, MULLEN AVENUE, BENTLEY AVENUE, UNIVERSITY AVENUE. Carried
unanimously.
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Redevelopment Agency Los Gatos, California
TOWN'S HISTORIC STREET NAME LIST AMENDED/AYALA COURT/HEINTZ COURT (14.01)
RAMOHS WAY/REGENT DRIVE/REGENT COURT/RESOLUTION 1998-169
Motion by Mrs. Benjamin, seconded by Mr. Attaway, that Council adopt Resolution 1998-169
entitled, RESOLUTION OF THE TOWN OF LOS GATOS APPROVING REQUEST TO ADD
AYALA COURT, HEINTZ COURT, RAMOHS WAY, REGENT DRIVE, AND REGENT
COURT TO THE TOWN OF LOS GATOS OFFICIAL HISTORIC STREET NAME LIST.
Carried unanimously.
LOS GATOS BOULEVARD 15737/RESIDENTIAL TO COMMERCIAL/ORDINANCE 2052 (15.09)
Motion by Mrs. Benjamin, seconded by Mr. Attaway, that Council adopt Ordinance 2052 entitled,
ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONING ORDINANCE
EFFECTING A ZONE CHANGE FROM R-1:8 (SINGLE FAMILY RESIDENTIAL) TO CH
(RESTRICTED HIGHWAY COMMERCIAL) AT 15737 LOS GATOS BOULEVARD. Carried
unanimously.
CONFLICT OF INTEREST CODE/DESIGNATED POSITIONS/ORDINANCE 2053 (16.02)
Motion by Mrs. Benjamin, seconded by Mr. Attaway, that Council adopt Ordinance 2053 entitled,
ORDINANCE OF THE TOWN OF LOS GATOS AMENDING TOWN CONFLICT OF
INTEREST CODE (DIVISION 6 OF ARTICLE III OF CHAPTER 4) TO UPDATE
DESIGNATED POSITIONS. Carried unanimously.
HEARINGS
ZONING MAP READOPTED/ZONING ORDINANCE INTRODUCED/HEARING (17.47)
Mayor Lubeck stated that this was the time and place duly noted for public hearing to consider
amending the Town Zoning Ordinance to readopt the existing zoning map of the Town. Zoning Code
Amendment A-98-05. Applicant: Town of Los Gatos.
There was no one from the audience to speak to this issue.
Motion by Mr. Attaway, seconded by Mr. Hutchins, to close the public hearing. Carried
unanimously.
Motion by Mrs. Benjamin, seconded by Mr. Hutchins, that Council find that the Zoning Ordinance
Amendment A-98-005 is consistent with the General Plan, Downtown Specific Plan, and Hillside
Specific Plan. Carried unanimously.
Motion by Mrs. Benjamin, seconded by Mr. Attaway, to waive the reading of the Proposed
Ordinance. Carried unanimously.
The Town Clerk read the Title of the Proposed Ordinance.
Motion by Mrs. Benjamin, seconded by Mr. Attaway, that Council introduce Proposed Ordinance
entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONING
ORDINANCE TO READOPT THE ZONING MAP. Carried unanimously.
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Redevelopment Agency Los Gatos, California
HEARINGS CONTINUED
PENNSYLVANIA AVENUE 8/APPEAL OF RESIDENTIAL REMODEL (18.09)
Mayor Lubeck stated that this was the time and place duly noted for public hearing to consider appeal
of the decision of the Planning Commission denying a Minor Residential Development Application to
construct a second story addition to a pre 1941 single family residence on property zoned R-1D.
Project Application PRJ-98-030. Property Location: 8 Pennsylvania Avenue. Property Owner: Paul
Dufresne. Appellant: Leslie A. G. Dill.
The following people from the audience spoke to this issue:
Paul Dufresne, 132 Euclid Ave., spoke of his expanding family and the need for additional living
space to accommodate them.
Leslie Dill, 61 C Victory Lane, architect for the project, spoke of the history of the house and the need
to preserve the interior as well as the exterior of the home. She noted that this design had the least
impact on the house and still was compatible to the neighborhood.
Louis Crain, 16 Pennsylvania, neighbor to the project, spoke of height, mass, scale and increased
square footage, and was not in favor of the present design.
Jim Lyon, 239 Johnson Ave, representing the Historic Preservation Committee, spoke of the design
being functional in the preservation of the original structure and favored the project.
Chris Thomas, 40 Bayview, submitted a letter from the Dolens who support the needs of the Crains
and their effort to maintain the character of the neighborhood.
Frank Mockey, 34 Bayview, asked that a single story bungalow look be maintained in the
neighborhood and that the addition occur in the rear.
Dave Thomas, 40 Bayview, believes the design causes the home to appear too large.
Michael Foster, 28 Pennsylvania, asked that another design be used so that the size will appear the
same as the structure that is there now.
JoAnne Shank, 324 Pennsylvania, believes it is an outstanding design and it will add value to the
whole neighborhood.
Bill Challas, 140 Oakmont Way, noted that as an appraiser, the neighbors view will not affect the
value of their home in this neighborhood but that the remodeled home under consideration would add
considerable value as proposed. A neighbors' addition increased their square footage to 2,900.
Leslie Dill, architect, closed by noting that this renovation took the whole house into consideration in
trying to maintain its historical heritage.
No one else from the audience addressed this issue.
Motion by Mr. Hutchins, seconded by Mrs. Benjamin, to close the public hearing. Carried
unanimously.
Council's Comments before the vote on the motion:
Mr. Attaway mentioned compatibility with the neighborhood. Does it compliment the neighborhood?
Will it change the nature of the neighborhood by encouraging a second story to be added to a beautiful
cottage. He did not think that the Planning Commision had erred in its decision.
Mr. Hutchins believes that the community has interests in maintaining a cottage community and that
second stories to match the size of their neighbors is not desirable and a median should be explored.
Maintaining the small town charm and ambiance is defined as not allowing homes be as large as
possible but in trying to find ways to keep them as small as possible while still meeting the needs of
the owner of the homes.
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Town Council Minutes October 19, 1998
Redevelopment Agency Los Gatos, California
HEARINGS CONTINUED
PENNSYLVANIA AVENUE 8/APPEAL OF RESIDENTIAL REMODEL (18.09)
Council's Comments before the vote on the motion (continued):
Mr. Blanton did like the design and could see it developed in another neighborhood but not at this
location. He supported the idea of returning the project to the Planning Commission for further
considerations.
Mrs. Benjamin was very impressed with the design of this project. The Historical Committee did an
excellent job of reviewing the plans. She cannot support a straight denial. She believes there are
possibilities to make this project work for both the Crains and the Dufresnes by reducing the second
story and making it look like a complete project and not an add on. With the talents of the architect
she would send it back to the Planning Commission and not deny. She would like to see a
neighborhood work together on a solution and that is why she suggested the project stay in the
process.
Mrs. Lubeck read a portion of the Town's design guideline, "To maintain a proportionate distribution
of single story and two story housing stock in Los Gatos, property owners and designers are
encouraged to strongly consider single story designs as viable development alternatives."
Motion by Mr. Hutchins, seconded by Mr. Attaway, to uphold the Planning Commission's decision
and deny the appeal. Carried by a vote of 3 ayes. Mr. Blanton and Mrs. Benjamin voted no.
VERBAL COMMUNICATIONS
Domestic Violence Issues:
Mayor Suzanne Jackson from Monte Sereno addressed the Council as a Commissioner on the Santa
Clara County Domestic Violence Council and The Violence Prevention Council of Santa Clara
County. She presented brochures and information on this subject and spoke of the programs
developed in the valley. She asked that each Councilmember send a letter of support and attend the
presentations.
ONE-DAY BUSINESS LICENSE REQUIREMENT CONSIDERED (19.05)
Delores Simone, 248 Old Adobe Road, member of St. Mary's parish, requested consideration of
removing the one day business license for vendors working at a non-profit community function.
Motion by Mrs. Benjamin, seconded by Mr. Blanton, that this subject be presented to the Chamber
of Commerce, and that through the Chamber more input be garnered from the businesses that are
impacted from these special events. That a written report be returned to Council showing the number
of businesses in favor or in opposition to the one-day license. Carried unanimously.
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Redevelopment Agency Los Gatos, California
PLANNING COMMISSION/PUBLIC HEARING PROCESS (20.20)
Council considered a policy which would have commissioners refrain from meeting with applicants
outside the public meeting process.
Council Consensus was to draft a formal policy for the Planning Commission that says: the
Commission should refrain from meeting with applicants and interested parties outside the public
process (defined as a properly noticed meeting); that the Council still encourage them to visit the site,
but discourage speaking to people while at the site; if Planning Commissioners do talk to someone
they must disclose it in the public meeting; and encourage the Planning Commission at their
discretion (should they feel the need to do so to further the public process) to have study sessions with
the applicant, the public, and the entire planning commission, to work on discussion points concerning
an application, and that this should happen only at the discretion of a simple majority of the planning
commission.
NEIGHBORHOOD TRAFFIC CALMING PROGRAM (21.39)
Council considered the report on neighborhood traffic calming program and provided some positive
comments for staff.
ANNEXATION OF FERRIS AND LOMA PROPERTY (22.11)
Council considered the report and asked that staff explore the possibility of annexing property in the
vicinity of the intersection of Ferris Avenue and Loma Street. The consensus was that at least a group
of four lots should be annexed at one time.
TRAFFIC SIGNAL VIDEO VEHICLE DETECTION SYSTEM (08.28)
Motion by Mrs. Benjamin, seconded by Mr. Hutchins, that Council authorize an increase in the
street resurfacing program by $124,730 to include video vehicle detection system funded from prior
year road impact fees, and authorize a budget of $22,940 for video vehicle detection system at Los
Gatos Boulevard and Nino Avenue funded from prior year road impact fees. Carried unanimously.
ADJOURNMENT
Mayor Lubeck adjourned this evening's meeting at 10:03 P.M.
ATTEST:
Marian V. Cosgrove
Town Clerk
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