M 11-02-98TOWN OF LOS GATOS
CALIFORNIA
TOWN COUNCIL/PARKING AUTHORITY
JOINT REDEVELOPMENT AGENCY
November 2, 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 7:43 p.m., Monday, November 2, 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
Town Attorney, Orry Korb, announced that Council had met in Closed Session this evening pursuant
to Government Code Section 54957.6, (Conference with Labor Negotiator). Town Negotiator (Lead):
James W. Piper, Assistant Town Manager/Personnel Officer and Association: Police Officers'
Association. No final action was taken.
Pursuant to Government Code Section 54957.6, Council met to discuss Labor Relations regarding
Public Employee Performance Evaluation concerning Town Attorney. No final action was taken.
Pursuant to Government Code Section 54956.9(a), Council met to (Conference with Legal Counsel -
Anticipated Litigation) regarding Norman E. McFate, et al. United States Bankruptcy Court -
Northern District - Action 92-57303-M. No final action was taken.
Pursuant to Government Code Section 54956.9(b), Council met to (Conference with Legal Counsel -
Anticipated Litigation) regarding significant exposure to litigation - One case. There exist facts and
circumstances that might result in litigation against the Town but which the Town believes are not yet
known to the potential plaintiffs. No final 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 Mrs. Benjamin, seconded by Mr. Hutchins, that Council accept the report concerning
County Referrals:
NUMBER LOCATION APPLICANT REQUEST
RECOMMENDATION
7199 16625 Englewood Ave.Grap/Marquez Building Site
Approval/No Conditions
TC:D10:MM110298
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.
TC:D10:MM110298
Town Council Minutes November 2, 1998
Redevelopment Agency Los Gatos, California
RATIFICATION OF PAYROLL/OCTOBER 1998 (04.V)
Motion by Mrs. Benjamin, seconded by Mr. Hutchins, that Council ratify the check registers for the
payroll of October 4 through October 17, 1998 paid on October 23, 1998, in the amount of
$578,630.35. Carried unanimously.
ACCOUNTS PAYABLE/RATIFICATION/SEPTEMBER 1998 (05.V)
Motion by Mrs. Benjamin, seconded by Mr. Hutchins, that Council ratify the accompanying check
registers for accounts payable invoices paid on October 16 and October 23, 1998 in the amount of
$430,307.09. Carried unanimously.
MINUTES OF OCTOBER 19, 1998 (06.V)
Motion by Mrs. Benjamin, seconded by Mr. Hutchins, that Council approve the Minutes of October
19, 1998 as submitted. Carried unanimously.
OAK MEADOW PARK/GABION WALL PROJECT (08.35)
Motion by Mrs. Benjamin, seconded by Mr. Hutchins, that Council authorize increase for the Santa
Clara County Parks Department restoration of the Oak Meadow Park Gabion Wall Project from
$60,032 to $70,032; and approve revised plans and specification increasing the height of the gabion
wall; and authorize an increase of $2,290 in Storm Basin #2, funded from fund balance (462-36000)
for this project. Carried unanimously.
ANNEXATION/PEACOCK LANE #1/16433 PEACOCK LANE/RESOLUTION 1998-170 (09.14)
Motion by Mrs. Benjamin, seconded by Mr. Hutchins, that Council adopt Resolution 1998- entitled,
RESOLUTION OF THE TOWN OF LOS GATOS ORDERING THE REORGANIZATION OF
CERTAIN UNINHABITED TERRITORY DESIGNATED AS PEACOCK LANE #1 TO THE
TOWN OF LOS GATOS. Carried unanimously.
POLICE OFFICERS' ASSOCIATION/MOU/RESOLUTION 1998-171 (10A.10)
Motion by Mrs. Benjamin, seconded by Mr. Hutchins, that Council adopt Resolution 1998-171
entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN
MANAGER TO EXECUTE THE MEMORANDUM OF UNDERSTANDING BETWEEN THE
TOWN OF LOS GATOS AND LOS GATOS POLICE OFFICERS' ASSOCIATION. Carried
unanimously.
POLICE SERGEANTS/MANAGEMENT COMPENSATION/RESOLUTION 1998-172 (10B.10)
Motion by Mrs. Benjamin, seconded by Mr. Hutchins, that Council adopt Resolution 1998-172
entitled, RESOLUTION OF THE TOWN OF LOS GATOS AMENDING APPENDIX A OF THE
MANAGEMENT COMPENSATION PLAN FOR FISCAL YEAR 1998-99. Carried
unanimously.
POLICE DEPARTMENT/TEMPORARY EMPLOYEES/RESOLUTION 1998-173 (10C.10)
Motion by Mrs. Benjamin, seconded by Mr. Hutchins, that Council adopt Resolution 1998-173
entitled, RESOLUTION OF THE TOWN OF LOS GATOS AMENDING
TEMPORARY/HOURLY COMPENSATION FOR FISCAL YEAR 1998-99. Carried
unanimously.
TC:D10:MM110298
Town Council Minutes November 2, 1998
Redevelopment Agency Los Gatos, California
POLICE SERGEANTS/POLICE OFFICERS/IRS/RESOLUTION 1998-174 (10D.10)
Motion by Mrs. Benjamin, seconded by Mr. Hutchins, that Council adopt Resolution 1998-174
entitled, RESOLUTION OF THE TOWN OF LOS GATOS IMPLEMENTING THE
PROVISIONS OF SECTION 414(h)(2) OF THE INTERNAL REVENUE CODE FOR POLICE
OFFICERS AND POLICE SERGEANTS. Carried unanimously.
POLICE DEPARTMENT SALARIES AND BENEFITS (10E.10)
Motion by Mrs. Benjamin, seconded by Mr. Hutchins, that Council authorize the transfer of $70,350
from reserve for salary adjustments (111-51757) to police department salaries (4010-51100), increase
police department salaries (4010-51100) by $156,020, and decrease police department benefits (4010-
52000 by $85,670. Carried unanimously.
WEEDS DECLARED A NUISANCE/RESOLUTION 1998-175 (11.28)
Motion by Mrs. Benjamin, seconded by Mr. Hutchins, that Council adopt Resolution 1998-175
entitled, RESOLUTION OF THE TOWN OF LOS GATOS DECLARING WEEDS A PUBLIC
NUISANCE AND PROVIDING FOR THEIR ABATEMENT. Carried unanimously.
PROJECT 9622 - BLOSSOM HILL SIGNAL IMPROVEMENTS/RESOLUTION 1998-176
PROJECT 9701 - NINO AVE & LOS GATOS BLVD/TRAFFIC SIGNAL INSTALLATION
PROJECT 9720 - UNION AT BLOSSOM HILL SIGNAL IMPROVEMENTS (12.35)
Motion by Mrs. Benjamin, seconded by Mr. Hutchins, that Council adopt Resolution 1998-176
entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH BROWN AND FESLER, INC. FOR THE
CONSTRUCTION OF PROJECT 9622 - BLOSSOM HILL SIGNAL IMPROVEMENTS;
PROJECT 9701 - TRAFFIC SIGNAL INSTALLATION - NINO AVENUE AND LOS GATOS
BOULEVARD; PROJECT 9720 -UNION AT BLOSSOM HILL ROAD SIGNAL
IMPROVEMENTS; and authorizing a program budget of $275,000 in General Fund Appropriated
Reserve and establishing three program budgets. Carried unanimously.
PROJECT 9712 - LOS GATOS CREEK TRAIL/RETAINING WALL/RESOLUTION 1998-177
(13.35)
Motion by Mrs. Benjamin, seconded by Mr. Hutchins, that Council adopt Resolution 1998-177
entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH GEORGE BIANCHI CONSTRUCTION
COMPANY, INC. IN THE AMOUNT OF $74,796 FOR THE CONSTRUCTION OF PROJECT
9712 - LOS GATOS CREEK TRAIL RETAINING WALL. Carried unanimously.
PROJECT 9802 - SIDEWALK RECONSTRUCTION PROGRAM/RESOLUTION 1998-178 (14.35)
Motion by Mrs. Benjamin, seconded by Mr. Hutchins, that Council adopt Resolution 1998-178
entitled, RESOLUTION OF THE TOWN OF LOS GATOS ACCEPTING WORK OF GEORGE
BIANCHI CONSTRUCTION, INC. PROJECT 9802 - SIDEWALK RECONSTRUCTION
PROGRAM AND AUTHORIZING THE TOWN MANAGER TO EXECUTE CERTIFICATE
OF ACCEPTANCE AND NOTICE OF COMPLETION FOR RECORDING BY THE TOWN
CLERK. Carried unanimously.
TC:D10:MM110298
Town Council Minutes November 2, 1998
Redevelopment Agency Los Gatos, California
PENNSYLVANIA AVENUE 8/RESIDENTIAL REMODEL/RESOLUTION 1998-179 (15.09)
Motion by Mrs. Benjamin, seconded by Mr. Hutchins, that Council adopt Resolution 1998- entitled,
RESOLUTION OF THE TOWN OF LOS GATOS DENYING AN APPEAL OF A PLANNING
COMMISSION DECISION DENYING A MINOR RESIDENTIAL DEVELOPMENT
APPLICATION TO CONSTRUCT A SECOND STORY ADDITION TO A PRE-1941 SINGLE
FAMILY RESIDENCE ON PROPERTY ZONED R-1D, confirming Council action on October 19,
1998. Carried unanimously.
ZONING MAP OF THE TOWN/READOPTED BY ORDINANCE 2054 (16.46)
Motion by Mrs. Benjamin, seconded by Mr. Hutchins, that Council adopt Ordinance 2054 entitled,
ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONING ORDINANCE
TO READOPT THE ZONING MAP, which was introduced by Council October 19, 1998. Carried
unanimously.
VERBAL COMMUNICATIONS:
Rent Increases in Town:
John Bandain, 20 E. Main, El Gato Penthouse, spoke of rent increases at the apartment and asked
that the Town Ordinance be reviewed and enforced.
COMMUNITY HOUSING DEVELOPERS/MILES AVENUE/RESOLUTION 1998-180 (04.09)
The following people from the audience spoke to this issue:
Bill Zavlaris, 3710 Macbeth Drive, San Jose, speaking for Community Housing Developers, asked
for Council's support of the project at 71 Miles Ave.
Betty Feldheym, Chair of Subcommittee for Affordable Housing, Los Gatos Unitarian Fellowship
Responsibility Committee, asked for Council to support this project.
Bonnie Bamburg, 10710 Ridgeview Avenue, spoke for Community Housing Developers in support
of the proposal.
No one else from the audience addressed this issue.
Motion by Mr. Hutchins, seconded by Mr. Blanton, that the Council adopt Resolution 1998-180
entitled, RESOLUTION OF THE TOWN OF LOS GATOS DECLARING 351.72 SQUARE
FEET OF PARCEL #529-05-049 AS SURPLUS TOWN OWNED LAND (resolution action taken
by Council only); and refer dedication request to Planning Commission for consideration in
accordance with Government Code Section 65402 et. seq.; and have the Agency buy the property
from the Town for $5,276.00; and grant the property to Community Housing Developers; and grant
$425,000.00 to Community Housing Developers and direct staff to prepare grant documents. Carried
by a vote of 3 ayes. Mrs. Benjamin voted no because she feels that this is an inappropriate location
for housing between the corporation yard and the power station. Mr. Attaway voted no because the
affordable housing is being placed in a less than desirable location. Mr. Blanton noted this location is
a matter of choice for the town as well as for the occupants and some people will find it a very
acceptable location.
TC:D10:MM110298
Town Council Minutes November 2, 1998
Redevelopment Agency Los Gatos, California
DOWNTOWN PARKING ISSUES CONSIDERED (20.40)
Council considered downtown parking issues and the merchants' requests for valet parking.
The following people from the audience spoke to this issue:
Kent Cooper, 718 University Ave. #217, Chairman of the Board of the Chamber of Commerce,
introduced the downtown merchants and asked that they stand if in support of additional parking in
the downtown area.
Maggie Creighton, 142 Tait, she asked that the process for a new parking lot be shortened and the
activities for the completion begin right away. She asked that the planning and approval process be
shortened. She noted the support of the residents in the Almond Grove district.
Myron Brody, 29003 Miller Cutoff, spoke of Willow St. Pizza and the parking issue in that part of
Town and asked for the beginning of construction of Lot 13 and other lots. He mentioned using valet
parking as an interim solution until the lots are built.
Larry Arzie, 18000 Overlook Rd., asked that valet parking be used with a great deal of consideration
from Council weighing the pros and cons carefully. He noted that paid parking would be a viable
consideration at this time.
Steve Skelton, 1395 Medallion Dr., San Jose, of Data ID Systems, spoke of the downtown parking
issues and particularly the problem at Lyndon Plaza.
Paul Dorsa, 15785 Shannon Road, 140 West Main St., Opera House, he talked of the greater number
of spaces available when valet parking is used; the safety of the lots because of the presence of the
valets.
Janice Benjamin, 211 Alexander Ave., she spoke of alternatives such as shuttles from outlying
parking locations, and better signs to identify the already existing parking.
Ginger Rowe, 16400 Englewood, Time Out Clothing, spoke of the lighting downtown and the need
for additional lights for parking areas.
Bob Higgins, 207 Belmont, spoke of the parking problems in the Edelen parking district.
Kurt Lemons, 54 N. Santa Cruz Ave., spoke of the impact of the successful businesses in Old Town
on the downtown parking. He noted that more employees should be willing to walk a few blocks to
their places of business.
No one else from the audience addressed this issue.
Council consensus:
Council consensus for staff to review the following options and return to Council with a report on
January 4th or 19th, 1999.
1) Valet parking at the old bus depot lot.
2) Valet parking on the sub grade of the Old Town parking lot.
3) Valet parking on sub level of Lot 4.
4) Valet parking on Miles Ave. and at Balzer Field parking lot.
5) Additional lighting on Miles at Balzer Field.
6) Investigate possible improvements of the bus depot lot.
7) Consider a lease arrangement for the bus depot lot.
LAND CLEARING IN THE HILLSIDE ZONE (19.28)
The following people from the audience spoke to this issue:
David Weissman, 15431 Francis Oaks Way, spoke of the need to protect the open space and hillsides
against unnecessary grading and possible erosion. He submitted a memo for the record
Diane McLaughlin, 15626 Francis Oaks Way, thanked Council for attending to this matter so quickly.
She asked for continued support on the ordinance.
TC:D10:MM110298
Town Council Minutes November 2, 1998
Redevelopment Agency Los Gatos, California
LAND CLEARING IN THE HILLSIDE ZONE CONT.
Mike Burke, 16769 Hicks Road, spoke of hillside protection. He talked of environmental and land
use issues.
No one else from the audience addressed this issue.
Council accepted and considered report.
Staff noted that soil erosion was being monitored and that the Town was working with the Regional
Quality Control Board and the Urban Runoff Pollution Protection Standards.
RISK MANAGEMENT POLICIES AND PROCEDURES (18.14)
Council Consensus:
Council reviewed staff report establishing risk management policies for the Town. Mayor Lubeck
requested some additions as follows: Section I, That the committee consult with other department
heads, all of who have a responsibility for insuring that the policies are followed within their own
departments; Section II, That private sector practices be reviewed also; Section III, That the town
manager solicit input from the committee considering what the appropriate policies should be and then
implement the procedures; Section IV, That after the audit is accomplished and the committee has
reviewed it that there be some sort of annual report; and overall that the policies be ordered for better
flow of activities. This report should return to Council November 16, 1998.
GENERAL PLAN COMMITTEE/MARKET STUDY/NORTH 40 SPECIFIC PLAN (21.47)
Motion by Mr. Attaway, seconded by Mr. Blanton, to accept the staff recommendations to update
1991 Final Market Study and Business Development Strategy for North 40 Specific Plan area.
Carried with 4 ayes. Mr. Hutchins voted no as he did not feel comfortable with the process.
PLANNING COMMISSION/POLICIES AND PROCEDURE/ADDRESSING APPLICANTS (22.47)
The following people from the audience spoke to this issue:
Gary Schloh, 213 Bean Ave., enjoys an interchange between the Planning Commission, Council,
Neighbors and clients.
Lee Quintana, 5 Palm Ave., prefers identifying a method for open feed back early in the planning
procedure.
No one else from the audience addressed this issue.
Council Consensus to return to Council with the following changes for consideration:
1) That there be a uniform policy for the Planning Commission.
2) That an avenue for informal feedback with the Planning Commission be made available before
meeting formally with the Commission.
3) That impromptu meeting with the applicant should not result in punitive measures.
4) That disclosure of any contact with applicant be expected.
5) That Planning Commissioners be expected to attend DRC meetings to hear the open discussions
prior to being heard at the Commission.
6) That Section 13.2 of the Planning Commission Policies and Procedures be rewritten to allow
public meetings prior to DRC action.
7) That the potential exists for a study session to be held with the Planning Commission once the
DRC application is filed and it appears that there should be a neighborhood meeting.
8) That the DRC be used as an information gathering situation for the Planning Commission.
TC:D10:MM110298
Town Council Minutes November 2, 1998
Redevelopment Agency Los Gatos, California
FERRIS AVENUE #7/ANNEXATION/REORGANIZATION/RESOLUTION 1998-181 (23.14)
The following person from the audience spoke to this issue:
Joel Linholm, 16801 Loma Street, asked about costs and savings of the annexation.
No one else from the audience addressed this issue.
Motion by Mr. Hutchins, seconded by Mrs. Benjamin, that Council adopt Resolution 1998-181
entitled, RESOLUTION OF THE TOWN OF LOS GATOS INITIATING PROCEEDING FOR
THE REORGANIZATION OF CERTAIN INHABITED TERRITORY DESIGNATED AS
FERRIS AVENUE #6 TO THE TOWN OF LOS GATOS. Carried by a vote of 4 ayes. Mr.
Attaway voted no.
BUDGET REPORT/YEAR END 1997-98 (07.05)
Motion by Mrs. Benjamin, seconded by Mr. Hutchins, that Council accept the 1997-98 Year-end
report and authorize budget adjustments outlined in the report. Carried unanimously.
COUNCIL COMMITTEE REPORTS
Jan Hutchins reported his personal experience regarding the excellent response of the Central Fire
District.
ADJOURNMENT
Mayor Lubeck adjourned this evening's meeting at 10:40 P.M.
ATTEST:
Marian V. Cosgrove
Town Clerk
TC:D10:MM110298