M 07-20-98TOWN OF LOS GATOS
CALIFORNIA
TOWN COUNCIL/PARKING AUTHORITY
JOINT REDEVELOPMENT AGENCY
July 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 7:35 p.m., Monday, July 20, 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
Town Attorney, Orry Korb, announced that Council had met in Closed Session pursuant to
Government Code Section 54957 to discuss Public Employee Performance Evaluation. Discussion
was initiated regarding the Town Manager. No final action was taken at this time.
HISTORIC PRESERVATION COMMISSION/APPOINTMENT (00.20)
Mayor Lubeck announced that one application had been received from James Lyon for one vacancy
on the Historic Preservation Commission. Voting was held and Mr. Lyon was reappointed to the
Commission for a term expiring August 1, 2002.
REDEVELOPMENT ADVISORY COMMITTEE/APPOINTMENT (XX.20)
Mayor Lubeck announced that one application had been received from Randal Mackely for one
vacancy on the Historic Preservation Commission. Voting was held and Mr. Mackely was reappointed
to the Committee for a term expiring August 1, 2002.
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.
CODE COMPLIANCE/QUARTERLY REPORT (03.47)
Informational report from the Code Compliance Officer regarding abatement of code violations was
received and filed.
RATIFICATION OF PAYROLL/JUNE 1998 (04.V)
Motion by Mr. Hutchins, seconded by Mr. Attaway, that Council ratify the check registers for the
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payrolls of June 14 through June 27, 1998, paid on July 2, 1998 in the amount of $325,304.06.
Carried by a vote of 4 ayes. Mrs. Benjamin absent.
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Town Council Minutes July 20, 1998
Redevelopment Agency Los Gatos, California
ACCOUNTS PAYABLE/RATIFICATION/JULY 1998 (05.V)
Motion by Mr. Hutchins, seconded by Mr. Attaway, that Council ratify the accompanying check
registers for accounts payable invoices paid on July 2 and June 10, 1998 in the amount of
$546,837.11. Carried by a vote of 4 ayes. Mrs. Benjamin absent.
TREASURER'S REPORT (07.V)
Informational report submitted by the Treasurer to the Council as of May 31, 1998, was received and
filed.
COMPUTER EQUIPMENT DONATIONS (08.28)
Motion by Mr. Hutchins, seconded by Mr. Attaway, that Council authorize the donation of used
computer equipment as outlined in the staff reports of July 6th and 20th. Carried by a vote of 4 ayes.
Mrs. Benjamin absent.
CAPITAL IMPROVEMENT PROJECTS/CARRY FORWARD (09.35)
Motion by Mr. Hutchins, seconded by Mr. Attaway, that Council authorize the carry forward of
Capital Improvement Projects originally budgeted in 1997-98 to fiscal year 1998-99. Carried by a
vote of 4 ayes. Mrs. Benjamin absent.
MOBILEHOME PARK CONVERSION IMPACT REPORT/RESOLUTION 1998-112 (11.19)
Motion by Mr. Hutchins, seconded by Mr. Attaway, that Council adopt Resolution 1998-112 entitled,
RESOLUTION OF THE TOWN OF LOS GATOS RATIFYING THE TOWN MANAGER'S
SIGNING OF THE AGREEMENT FOR THE PREPARATION OF A MOBILEHOME PARK
CONVERSION IMPACT REPORT FOR THE LOS GATOS MOBILHOME PARK AT 484
WOODLAND AVENUE. Carried by a vote of 4 ayes. Mrs. Benjamin absent.
NEIGHBORHOOD CENTER/FEES RATES & CHARGES/RESOLUTION 1998-113 (13.05)
Motion by Mr. Hutchins, seconded by Mr. Attaway, that Council adopt Resolution 1998-113 entitled,
RESOLUTION OF THE TOWN OF LOS GATOS AMENDING CERTAIN FEES, RATES AND
CHARGES FOR THE NEIGHBORHOOD CENTER. Carried by a vote of 4 ayes. Mrs.
Benjamin absent.
LOCAL LAW ENFORCEMENT BLOCK GRANT/RESOLUTION 1998-114 (14.09)
Motion by Mr. Hutchins, seconded by Mr. Attaway, that Council adopt Resolution 1998-114 entitled,
RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER
TO FILE AN APPLICATION TO THE BUREAU OF JUSTICE ASSISTANCE FOR A LOCAL
LAW ENFORCEMENT BLOCK GRANT. Carried by a vote of 4 ayes. Mrs. Benjamin absent.
COMMUNICATIONS CENTER/EQUIPMENT & CARPETING/BUDGET REVISION (15.09)
Motion by Mr. Hutchins, seconded by Mr. Attaway, that Council approve revision of budget for
Project 2201-7743-201RCOMM for purchase and installation of new communications equipment and
the purchase and installation of carpeting for the Communications Center. This decreases FY1997-98
Acct 2201-77431 $10,620/Transfers $2,580 from Acct 4020-61169 to Acct 2201-77431/Increases
FY1998-99 Acct 2201-77431 by $13,200. Carried by a vote of 4 ayes. Mrs. Benjamin absent.
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Town Council Minutes July 20, 1998
Redevelopment Agency Los Gatos, California
LOS GATOS BOULEVARD 16330/CALVARY BAPTIST CHURCH (16.09)
CONSTRUCTION OF NEW BUILDINGS AND PARKING EXPANSION/RESOLUTION 1998-115
Motion by Mr. Hutchins, seconded by Mr. Attaway, that Council adopt Resolution 1998-115 entitled,
RESOLUTION OF THE TOWN OF LOS GATOS DENYING AN APPEAL OF A PLANNING
COMMISSION DECISION APPROVING AN ARCHITECTURE AND SITE APPLICATION
FOR THE DEMOLITION OF AN EXISTING EDUCATION AND RESIDENTIAL BUILDING,
CONSTRUCTION OF A NEW EDUCATION, MINISTRY AND MULTI-PURPOSE
GYMNASIUM BUILDING, REMODELING EXISTING FACILITIES, AND EXPANSION OF
THE PARKING LOT ON PROPERTY IN THE R-1:8 ZONE. Carried by a vote of 4 ayes. Mrs.
Benjamin absent.
BLOSSOM HILL ROAD 14734/SUMMERHILL HOMES/HILLSIDE PLANNED DEVELOPMENT
OPEN SPACE AND TRAILS/ORDINANCE 2047 EFFECTING ZONE CHANGE (17(1).09)
Motion by Mr. Hutchins, seconded by Mr. Attaway, that Council adopt Ordinance 2047 entitled,
ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONING ORDINANCE
EFFECTING A ZONE CHANGE FROM RC TO HR-1:PD AT 14734 BLOSSOM HILL ROAD,
which was introduced at the Council meeting of July 6, 1998. Carried by a vote of 4 ayes. Mrs.
Benjamin absent.
BLOSSOM HILL ROAD 14734/SUMMERHILL HOMES/HILLSIDE PLANNED DEVELOPMENT
STATEMENT OF OVERRIDING CONSIDERATIONS/RESOLUTION 1998-116 (17(3).09)
Motion by Mr. Hutchins, seconded by Mr. Attaway, that Council adopt Resolution 1998-116 entitled,
RESOLUTION OF THE TOWN OF LOS GATOS MAKING FINDINGS AND STATEMENT
OF OVERRIDING CONSIDERATIONS AS REQUIRED BY THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT. Carried by a vote of 4 ayes. Mrs. Benjamin absent.
BLOSSOM HILL ROAD 14734/SUMMERHILL HOMES/HILLSIDE PLANNED DEVELOPMENT
OPENSPACE MAINTENANCE AGREEMENT/RESOLUTION 1998-117 (17(4).09)
Motion by Mr. Hutchins, seconded by Mr. Attaway, that Council adopt Resolution 1998-117 entitled,
RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER
TO EXECUTE THE OPEN SPACE MAINTENANCE AGREEMENT BETWEEN THE TOWN
OF LOS GATOS AND SUMMERHILL HOMES. Carried by a vote of 4 ayes. Mrs. Benjamin
absent.
HEARINGS
SANTA CRUZ AVE N 518/MIXED USE/RESIDENTIAL & RETAIL/APPEAL (18.09)
Mayor Lubeck stated that this was the time and place duly noted for public hearing to consider appeal
of a Planning Commission decision denying a request for a Conditional Use Permit and Architecture
and Site application to demolish a pre-1941 building and construct a new mixed-use building
containing retail and residential uses on property zoned C-1. No significant environmental impacts
have been identified as a result of this project and a Negative Declaration has been recommended.
Property Location: 518 N. Santa Cruz Avenue. Applicant/Property Owner: Kenneth M. Blackwell,
Inc. Appellant: Greg Blackwell.
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Town Council Minutes July 20, 1998
Redevelopment Agency Los Gatos, California
HEARINGS CONTINUED
SANTA CRUZ AVE N 518/MIXED USE/RESIDENTIAL & RETAIL/APPEAL CONT.
The following people from the audience spoke to this issue:
Ken Blackwell, 15738 Oakmont Court, spoke of creating successful retail space on Santa Cruz Ave.,
he believed the Commission erred in assigning inflexibility to the project. He noted that those
involved with the project were willing to make changes suggested by the Commission. The other area
the Commission erred was by suggesting four alternative concepts. He asked for a decision on the
concept that the architect can work with. His suggestions are: 1) That the building be in back and the
parking up front; 2) A long and narrow front to back with the building on one side and parking on the
other side; 3) Building in front with drive to the rear parking from Santa Cruz to the back; 4) That
the building be at the front of the property with parking at the rear with no vehicular access from
Santa Cruz, with a side to side property line concept for construction, and pedestrian access down one
side of the property connecting Santa Cruz sidewalk to the rear parking lot. He asked to return to
Planning Commission for architectural changes.
Chris Spaulding, 801 Camelia Street, Berkeley, Architect for the project, noted that the project
believed it should keep the store fronts on Santa Cruz and not create a strip center down one side with
parking in front of the stores. He noted the porches on the second story which give open areas to the
residents and create elements to brake up the mass of the building. He asked to return to Planning to
work on the details of a design and for a direction from Council concerning which alternative should
be pursued.
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 Comments: Mr. Attaway stated that architectural review and siting should take place at
CDAC and our process should not be circumvented and he could not .
Mr. Blanton would return the project to Planning with direction to consider the lot line to lot line
concept. To use some elements of historic replication within the architectural elements, and he noted
the vision of extending the downtown into this portion of Santa Cruz Avenue.
Mr. Hutchins believes that Council could make a decision on the future of the streetscape in this
section of Town. That the preferred siting would be from lot line to lot line with retail in the front and
parking in the rear. That there would be a pedestrian access only from the front of the building to the
rear and that the project should return to Planning with these comments noted.
Mrs. Lubeck requested signage and direction to help shoppers find the parking to this building, and
that the pedestrian walkway not appear to be a tunnel. She agrees that mass and scale will need to be
addressed satisfactorily before the Planning Commission
Motion by Mr. Blanton, seconded by Mr. Hutchins, to grant the appeal and remand back to Planning
Commission finding that this is a policy over which the Commission did not have discretion to modify
or address, with general direction from Council that the overall concept of lot line to lot line with a
pedestrian access but no vehicular access from Santa Cruz, and that any vehicular access would occur
from the rear. Site and architecture decisions will be made with appropriate parties. Carried with 3
ayes. Mrs. Benjamin absent. Mr. Attaway voted no.
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Town Council Minutes July 20, 1998
Redevelopment Agency Los Gatos, California
WINCHESTER BOULEVARD 15670/APPLICATION FEE REFUND (19.09)
Motion by Mr. Blanton, seconded by Mr. Hutchins, to deny request from Pier Antoniucci for a full
refund of application fees. Carried by a vote of 3 ayes. Mrs. Benjamin absent. Mr. Attaway voted no
with a request to staff to do more to inform applicants of the complexities of their situation.
HABITAT FOR HUMANITY/PURCHASE OF PROPERTY/TITLE REPORT (12.49)
Council Comments: Appraisal and Title Report on the property is advisable but conceptual decisions
should not be made until the neighborhood is noticed.
Motion by Mr. Blanton to approve the recommended actions in A, B & C. Motion died for lack of a
second.
Motion by Mr. Attaway, seconded by Mr. Blanton, to approve B & C, expenditure of up to $2,000
for appraisal and title report from RDA Accounts 4440-61019 and 4440-61023 and to approve public
hearing process expanded to notice all of Bella Vista, Charles and Bella Vista Court. Carried by a
vote of 3 ayes. Mrs. Benjamin absent. Mr. Hutchins abstained. Mr. Blanton noted for the record that
he believed there would be sufficient public hearings for all neighbors to be included in the process.
MINUTES OF JULY 6, 1998 (06.V)
Motion by Mr. Blanton, seconded by Mr. Attaway, that Council approve the Minutes of July 6, 1998
with the following amendments: On page 10, Mr. Hutchins noted that the final motion for Calvary
Baptist Church should reflect that he was not satisfied with the design of the building and the final
Site and Architecture; On page 9, Council noted that the comments of Gail Brady should be recorded
as her own comments and suggestions of items to be reflected in the CUP. Carried by a vote of 4
ayes. Mrs. Benjamin absent.
LOS GATOS HISTORY CLUB/UNLAWFUL SIGN PICK-UP FEES (10.47)
Motion by Mr. Attaway, seconded by Mr. Blanton, to grant the request from the Los Gatos History
Club for waiver of unlawful sign pick-up fees. Carried by a vote of 3 ayes. Mrs. Benjamin absent.
Mr. Hutchins did not want to establish a precedent concerning nonpayment of fees and voted no.
COUNCIL COMMITTEE REPORTS
Linda Lubeck announced that the last PG&E Facilitated Meeting was held and a report should be
forthcoming by Friday at which time a copy will be forwarded.
ADJOURNMENT
Motion by Mr. Hutchins, seconded by Mr. Blanton, to adjourn this evenings meeting at 8:43 p.m.
and proceed with the Study Session concerning the General Plan Update Community Survey. Carried
by a vote of 4 ayes. Mrs. Benjamin absent.
ATTEST:
Marian V. Cosgrove
Town Clerk