M 12-07-98 TOWN OF LOS GATOS
CALIFORNIA
TOWN COUNCIL/PARKING AUTHORITY
JOINT REDEVELOPMENT AGENCY
December 7, 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 7:34 p.m., Monday, December 7, 1998,
in joint regular session.
ROLL CALL
Present:Randy Attaway, Joanne Benjamin, Steven Blanton,
Linda Lubeck, and Mayor/Chairman Jan Hutchins.
Absent:None.
PLEDGE OF ALLEGIANCE
Given by all in attendance.
SCHEDULE OF PUBLIC HEARINGS (01.01)
Informational report regarding currently scheduled public hearings was received and filed.
COUNCIL CALENDAR OF MEETINGS (02.10)
Informational item presenting future Town Meetings for Council and other Town Boards and
Commissions was received and filed.
RATIFICATION OF PAYROLL/NOVEMBER 1998 (03.V)
Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, that Council ratify the check registers for the
payroll of November 1 through November 14, 1998 paid on November 20, 1998, in the amount of
$396,125.36. Carried unanimously.
ACCOUNTS PAYABLE/RATIFICATION/NOVEMBER 1998 (04.V)
Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, that Council ratify the accompanying check
registers for accounts payable invoices paid on November 13 and November 20, 1998 in the amount
of $618,862.87. Carried unanimously.
MINUTES OF NOVEMBER 16, 1998 (05A.V)
Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, that Council approve the Minutes of
November 16, 1998 as submitted. Carried unanimously.
MINUTES OF SPECIAL CALLED MEETING NOVEMBER 23, 1998 (05B.V)
Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, that Council approve the Minutes of Special
Called Meeting of November 23, 1998 as submitted. Carried unanimously.
STUDENT PARKS COMMISSIONER/APPOINTMENT/TIM DAUBER (06.28)
Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, that Council affirm Student Parks
Commissioner Appointment for Tim Dauber. Carried unanimously.
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Town Council Minutes December 7, 1998
Redevelopment Agency Los Gatos, California
AMICUS BRIEF/BERNARD LONG VS CITY OF RIALTO (07.01)
Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, that Council authorize the Town Attorney to
include the Town of Los Gatos as an amicus curiae in the case of Bernard Long, et al vs City of Rialto,
et al, Fourth District Court of Appeal Case No. Fourth Civil E022019. Carried unanimously.
NINO COURT 130/PLANNED DEVELOPMENT/DENIAL (08.09)
Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, that Council accept report from Planning
Commission recommending denial of Planned Development Application DEV-98-003, Project
Application PRJ-98-103 and Negative Declaration ND-98-0004. Carried unanimously.
COMMITMENT FOR SILICON VALLEY 2010/REGIONAL PLAN/RESOLUTION 1998-188
(09.10)
Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, that Council adopt Resolution 1998-188
entitled, RESOLUTION OF THE TOWN OF LOS GATOS APPROVING COMMITMENT OF
SILICON VALLEY 2010: A REGIONAL FRAMEWORK FOR GROWING TOGETHER.
Carried unanimously.
ROBIE LANE #2/ANNEXATION/RESOLUTION 1998-189 (10.14)
Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, that Council adopt Resolution 1998-189
entitled, RESOLUTION OF THE TOWN OF LOS GATOS ORDERING THE
REORGANIZATION OF CERTAIN UNINHABITED TERRITORY DESIGNATED AS ROBIE
LANE #2 TO THE TOWN OF LOS GATOS. Carried unanimously.
TRAFFIC VIDEO DETECTION EQUIPMENT/SYNCHRONEX/RESOLUTION 1998-190 (11.28)
Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, that Council adopt Resolution 1998-190
entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING TOWN
MANAGER TO EXECUTE AGREEMENT WITH SYNCHRONEX IN THE AMOUNT OF
$123,188.50 FOR THE PURCHASE OF VIDEO DETECTION EQUIPMENT. Carried
unanimously.
HAZARDOUS WASTE REMOVAL SERVICES/41 MILES AVENUE/RESOLUTION 1998-191
(13.44)
Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, that Council adopt Resolution 1998-191
entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN
MANAGER TO ENTER INTO AN AGREEMENT WITH APPLIED REMEDIATION
COMPANY IN THE AMOUNT OF $29,975.00 TO PROVIDE HAZARDOUS WASTE
REMOVAL SERVICES. Carried unanimously.
PROJECT 9927/TREE PRUNING & REMOVAL/RESOLUTION 1998-192 (14.28)
Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, that Council adopt Resolution 1998-192
entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING TOWN
MANAGER TO EXECUTE AN AGREEMENT WITH CORPORATE AND COMMERCIAL
SERVICES, INC. FOR PROJECT 9927 - TREE PRUNING AND REMOVAL IN AN AMOUNT
NOT TO EXCEED $45,940. Carried unanimously.
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Town Council Minutes December 7, 1998
Redevelopment Agency Los Gatos, California
MARKET STUDY AND BUSINESS PLAN IN NORTH FORTY/RESOLUTION 1998-193 (15A.46)
Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, that Council adopt Resolution 1998-193
entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN
MANAGER TO EXECUTE AN AGREEMENT WITH ECONOMIC RESEARCH
ASSOCIATES FOR CONSULTING SERVICES TO UPDATE THE MARKET STUDY AND
BUSINESS DEVELOPMENT STRATEGY REPORT FOR THE NORTH FORTY SPECIFIC
PLAN AREA. Carried unanimously.
GENERAL & SPECIFIC PLAN ENVIRONMENTAL REVIEW/RESOLUTION 1998-194 (15B.46)
Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, that Council adopt Resolution 1998-194
entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN
MANAGER TO EXECUTE AN AMENDED AGREEMENT WITH ROBERT BEIN,
WILLIAM FROST AND ASSOCIATES FOR CONSULTING SERVICES TO FACILITATE
GENERAL PLAN TASK FORCE II, COLLECT TECHNICAL DATA, PREPARE GENERAL
PLAN UPDATE AND NORTH FORTY SPECIFIC PLAN, AND PREPARE SEPARATE
ENVIRONMENTAL REVIEWS FOR THE GENERAL PLAN UPDATE AND NORTH FORTY
SPECIFIC PLAN. Carried unanimously.
FINAL MAP/TRACT 9122/14734 BLOSSOM HILL ROAD/RESOLUTION 1998-195 (16A.09)
Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, that Council adopt Resolution 1998-195
entitled, RESOLUTION OF THE TOWN OF LOS GATOS APPROVING FINAL MAP OF
TRACT 9122 ACCEPTING THE DEDICATIONS AND AUTHORIZING THE MAYOR TO
SIGN THE CONTRACT. Carried unanimously.
WILLIAMSON ACT/CANCELLATION OF CONTRACTS/RESOLUTION 1998-196
TRACT 9122/14734 BLOSSOM HILL ROAD/APN'S 527-19-003,004,007 (16B.09)
Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, that Council adopt Resolution 1998-196
entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE MAYOR TO
EXECUTE A CERTIFICATE OF CANCELLATION OF WILLIAMSON ACT LAND
CONSERVATION CONTRACTS FOR PROPERTY AT 14734 BLOSSOM HILL ROAD,
SANTA CLARA ASSESSOR PARCEL NUMBERS: 527-19-003, 527-19-004, AND 527-19-007.
Carried unanimously.
UNIVERSITY AVENUE 130/PLANNED DEVELOPMENT/RESOLUTION 1998-197 (17.09)
Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, that Council adopt Resolution 1998-197
entitled, RESOLUTION OF THE TOWN OF LOS GATOS GRANTING AN APPEAL OF A
PLANNING COMMISSION DECISION DENYING A REQUEST FOR APPROVAL OF A
PLANNED DEVELOPMENT APPLICATION TO CHANGE THE ZONE FROM RM:5-12
LHP TO RM:5-12 PD LPH TO DEMOLISH AN EXISTING SINGLE FAMILY RESIDENCE,
AND CONSTRUCT 30 RESIDENTIAL UNITS, as show in the desk item of this evening and
which confirms Council's action on November 16, 1998. Carried unanimously.
CERTIFICATION OF GENERAL MUNICIPAL ELECTION/RESOLUTION 1998-198 (18.03)
Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, that Council adopt Resolution 1998-198
entitled, RESOLUTION OF THE TOWN OF LOS GATOS DECLARING ELECTION
RESULTS OF THE GENERAL MUNICIPAL ELECTION OF NOVEMBER 3, 1998. Carried
unanimously.
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Town Council Minutes December 7, 1998
Redevelopment Agency Los Gatos, California
SWEARING IN OF NEW COUNCIL MEMBERS
The Town Clerk, Marian Cosgrove, introduced the newly elected councilmembers, Randy Attaway,
Steven Blanton, and Joe Pirzynski. Mr. Attaway, Mr. Blanton and Mr. Pirzynski took the Oath of
Office and were presented with their Certificate of Election which confirms their term in office until
the year 2002.
ROLL CALL (of new Council)
Present:Randy Attaway, Steven Blanton, Linda Lubeck
Joe Pirzynski and Mayor/Chairman Jan Hutchins.
Absent:None.
CLOSED SESSION
Town Attorney, Orry Korb, announced that Council had met in Closed Session this evening pursuant
to Government Code Section 54957, Council met to discuss Public Employee Performance Evaluation
concerning Town Attorney. No final action was taken.
PRESENTATION/JOANNE BENJAMIN/RETIRING COUNCILMEMBER
Mayor Hutchins stated that this was the time and place duly noted for presentations to the Town's
retiring Councilmember, Joanne Benjamin. Mrs. Benjamin has served the Town on many boards and
commissions in the last eighteen years and has been a Councilmember for sixteen consecutive years,
serving as Mayor for four of those years. Mr. Hutchins presented a framed commendation from the
Town, and a Town plaque. He introduced Santa Clara County Supervisor Don Gage who presented a
framed commendation to Mrs. Benjamin from the County for her years of service on county boards
and commissions while serving as a Los Gatos Councilmember.
Mrs. Benjamin graciously accepted her commendations and expressed her pleasure in having served
the Town and thanked all of the staff, constituents and her family for their support during this period
of her community service.
VERBAL COMMUNICATIONS
Bike Lanes on Los Gatos Boulevard:
Sheldon Smith, 14225 Lora Drive, asked for a report regarding the progress of the study concerning
the narrower car lanes and wider curb lanes on Los Gatos Boulevard. Asked for the time frame of the
study and was told that the project was in the CIP and should be contracted for by early next spring.
Calvary Baptist Church Expansion:
Dorothy Lowe, 16346 Robie Lane, spoke regarding the violation of the conditional use permit by the
Baptist Church, and concerns about an annexation procedure. Staff will investigate and submit a
report to Council as to the procedure and as to the compliance of the church to the requirements of the
Town. The Mayor will write a letter to the church if a violation has occurred.
James Lowe, 16346 Robie Lane, questioned the actions of the Town regarding the demolition of the
house on Robie Lane.
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Town Council Minutes December 7, 1998
Redevelopment Agency Los Gatos, California
VERBAL COMMUNICATIONS CONTINUED
Downtown Parking Issue:
Bert Millen, 301 North Santa Cruz Ave, spoke regarding parking issues in the downtown and read a
letter from Jerry Hicks, a property owner downtown. The letter expressed the need for parking lot 2 to
be built and offered to pay the appropriate assessments.
Kent Cooper, 718 University Ave, Ste 217, Chairman of the Board of the Los Gatos Chamber of
Commerce, asked that the Chamber of Commerce be sent a draft copy of the parking report that is
being worked on for the January 4, 1999 meeting. The Watry Report will highlight most of the earlier
reports and should be available December 30, 1998 for Council and constituent review.
Bill Bacchi , 236 North Santa Cruz Ave, Ste 105, asked that Lot 2 be given consideration for
construction first since it gives the most relief to residents and businesses in the downtown area and
has been discussed and focused on by the downtown community for many years.
HEARINGS
ORDERING ABATEMENT OF WEEDS/RESOLUTION 1998-199/HEARING (19.28)
Mayor Hutchins stated that this was the time and place duly noted for public hearing to consider
adopting resolution overruling objections and ordering the abatement of weeds.
No one from the audience addressed this issue.
Motion by Mr. Attaway, seconded by Mrs. Lubeck, to close the public hearing. Carried
unanimously.
Motion by Mr. Attaway, seconded by Mr. Pirzynski, that Council adopt Resolution 1998-199
entitled, RESOLUTION OF THE TOWN OF LOS GATOS OVERRULING OBJECTIONS
AND ORDERING ABATEMENT OF WEEDS AS A PUBLIC NUISANCE. Carried
unanimously.
Mr. Attaway also noted that the letters and brochures made available to the public this year was an
example of improved public outreach by the Santa Clara County Fire Marshal's Office.
FERRIS AVENUE #6/REVISED ANNEXATION AREA/HEARING (20.14)
Mayor Hutchins stated that this was the time and place duly noted for public hearing to consider
protests concerning the reorganization of inhabited territory known as Ferris Avenue #6 to the Town of
Los Gatos.
No one from the audience addressed this issue.
Motion by Mrs. Lubeck, seconded by Mr. Pirzynski, to remand the annexation back to staff to
expand the territory to be included in the reorganization; to schedule adoption of the resolution
initiating proceeding for the revised annexation at the December 21, 1998 Town Council meeting;
and to set Tuesday, January 19, 1999 as the date for the public hearing for the revised annexation area.
Carried unanimously.
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Town Council Minutes December 7, 1998
Redevelopment Agency Los Gatos, California
COUNCIL REPORTS
Mrs. Lubeck reminded Council of the annual Christmas dinner held by the Cities Association at the
Hayes Mansion, Thursday, at 6:30 p.m.
AUTO PURCHASE/TWO USED VEHICLES/RESOLUTION 1998-200 (12.09)
Motion by Mr. Attaway, seconded by Mrs. Lubeck, that Council adopt Resolution 1998-200 entitled,
RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER
TO EXECUTE AN AGREEMENT WITH HERTZ CORPORATION, CAR SALES TO
PURCHASE TWO USED VEHICLES. Carried unanimously.
ADJOURNMENT
Mayor Hutchins adjourned this evening's meeting at 8:50 P.M.
ATTEST:
Marian V. Cosgrove
Town Clerk
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