M 11-16-98TOWN OF LOS GATOS
CALIFORNIA
TOWN COUNCIL/PARKING AUTHORITY
JOINT REDEVELOPMENT AGENCY
November 16, 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, November 16,
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 54956.9(a), (Conference with Legal Counsel - Existing Litigation)
regarding Malcolm McNelly, et al. vs Town of Los Gatos, Santa Clara County Superior Court, Case
#729007. No reportable action was taken.
Pursuant to Government Code Section 54956.9(a), (Conference with Legal Counsel - Existing
Litigation) regarding John Evans, et al. vs David Breidenthal, et al., Santa Clara County Superior
Court, Case #773849. No reportable action was taken.
APPOINTMENT OF MAYOR/JAN HUTCHINS
Mayor Lubeck announced that this was the time for Council to appoint this year's mayor. Mrs.
Lubeck nominated Jan Hutchins as the next mayor, seconded by Mrs. Benjamin and carried
unanimously.
APPOINTMENT OF VICE-MAYOR/STEVE BLANTON
Mayor Hutchins noted that it was now time for Council to appoint this year's Vice-Mayor. Mr.
Hutchins nominated Steve Blanton as the next vice-mayor, seconded by Mrs. Benjamin and carried
unanimously.
COMMUNITY SERVICES COMMISSION/APPOINTMENT
Mayor Hutchins announced that one application was received from Sarah McAleer for one opening on
the Community Services Commission for a student representative. Voting was held and Ms McAleer
was appointed to a term ending October 1, 1999.
PRESENTATIONS/INTERNATIONAL CITY/COUNTY MANAGEMENT ASSOC (00.20)
Mayor Hutchins made a presentation from the International City/County Management Association to
our Assistant Town Manager, James W. Piper, to recognize his twenty-five years of public service.
Mr. Piper thanked the Mayor and noted his appreciation of having been able to work with Town
Manager, David Knapp, for many years.
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SCHEDULE OF PUBLIC HEARINGS (01.01)
Informational report regarding currently scheduled public hearings was received and filed.
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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/OCTOBER-NOVEMBER 1998 (03.V)
Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council ratify the check registers for the
payroll of October 18 through November 1, 1998 paid on November 6, 1998, in the amount of
$361,617.70. Carried unanimously.
ACCOUNTS PAYABLE/RATIFICATION/OCTOBER-NOVEMBER 1998 (04.V)
Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council ratify the accompanying check
registers for accounts payable invoices paid on October 30 and November 6, 1998 in the amount of
$347,940.73. Carried unanimously.
TREASURER'S REPORT/SEPTEMBER 1998 (05.V)
Treasurer's report for the month ended September 30, 1998 was received and filed.
MINUTES OF OCTOBER 10, 1998 STUDY SESSION (06A.V)
Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council approve the Minutes of the
Parking Feasibility Study Session on October 10, 1998 as submitted. Carried unanimously.
MINUTES OF NOVEMBER 2, 1998 (06B.V)
Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council approve the Minutes of November
2, 1998 as submitted. Carried unanimously.
STREET SWEEPING STUDY (07.28)
Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council authorize carry forward of
$6,280.00 from non point source originally budgeted in 1997-98 to Fiscal Year 1998-99 for a street
sweeping study. Carried unanimously.
PROJECT 9515/TRAFFIC SIGNAL CONTROLLER UPGRADES
FEDERAL PROJECT CML 5067(002)/BUDGET CARRY FORWARD (08.35)
Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council authorize carry forward of
program budget (4480-85346) for $65,420.00 for traffic signal controller upgrades project. Carried
unanimously.
PROJECT 9933/LA RINCONADA PARK PLAYGROUND/RESOLUTION 1998-182 (09.35)
Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council adopt Resolution 1998-182
entitled, RESOLUTION OF THE TOWN OF LOS GATOS APPROVING PLANS AND
SPECIFICATIONS ON FILE IN THE TOWN CLERK'S OFFICE FOR PROJECT 9933 - LA
RINCONADA PARK PLAYGROUND RENOVATION, and authorize carry forward of $85,000 to
account 4475-85718 and establish Project 9933. Carried unanimously.
PROJECT 9806/OAKHILL PLAYGROUND RENOVATION/RESOLUTION 1998-183 (10.35)
Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council adopt Resolution 1998-183
entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN
MANAGER TO DECREASE ACCOUNT 4475-86716 PROJECT 9806 - OAKHILL
PLAYGROUND RENOVATION AND INCREASE ACCOUNT 4475-85717 TO REPLACE
THE AIRPLANE RIDER AT HOWES PARK PLAYGROUND. Carried unanimously.
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FIRST QUARTER FISCAL REPORT 1998-99/RESOLUTION 1998-184 (11.06)
Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council adopt Resolution 1998-184
entitled, RESOLUTION OF THE TOWN OF LOS GATOS AMENDING THE POSITION AND
CLASSIFICATION PLAN TO CHANGE THE COMPENSATION FOR THE POLICE
TRAINEE POSITION, AMENDING THE PLAN CONCERNING THE COMPENSATION OF
THE ACCOUNT TECHNICIAN POSITION, AND DELETING CERTAIN
CLASSIFICATIONS WHICH ARE NO LONGER USED FROM THE TEMPORARY RANGE/
STEP TABLE. Carried unanimously.
VERBAL COMMUNICATIONS
Speed on University Avenue:
Janice Benjamin, 211 Alexander, Indian Store at Old Town, spoke of the speed of cars on University
and requested placement of traffic speed signs of ten miles per hour between Main Street and Royce.
Shirley Henderson, the Antiquarium, asked that County Transit be notified to have their buses slow
down on the corner of Main and University for the safety of the pedestrians in the crosswalks.
HEARINGS
JOINT TOWN COUNCIL AND REDEVELOPMENT AGENCY PUBLIC HEARING
HABITAT FOR HUMANITY/SURPLUS LAND/22 CHARLES ST/RESOLUTION 1998-185 (12.09)
Mayor and Chairman Hutchins stated that this was the time and place duly noted for public hearing to
consider working with Habitat for Humanity and recording land (APN 529-22-028) donated to the
Town by the California Department of Highway at $5,183.64; adopting resolution declaring parcel
(APN 529-22-028) as surplus Town land; referring dedication request to Planning Commission for
consideration in accordance with Government Code Section 65402 et.seq; approving land sale (APN
529-22-028) to Silicon Valley Habitat for Humanity and authorize related budget adjustments;
authorizing grant not to exceed $310,000 to Silicon Valley Habitat for Humanity from Redevelopment
Agency Housing Set Aside (4440-72118); and directing staff to prepare documents for Council and
Agency approval.
The following people from the audience spoke to this issue:
Wynell Waldo, President of the Board of Directors of Silicon Valley Habitat for Humanity a division
of Habitat for Humanity International represented in 65 countries and close to building its 100,000th
house, explained the program, financing and construction of the homes.
Alastair and Peggy Dallas, Community Services Commissioner, and General Plan Task Force
member, presented plans showing a possible design for the project and spoke of other possibilities.
Susan Mueller, 135 Charles St, asked that Los Gatos residents or employees be given first
opportunity to apply for this home.
Tim Coughlin, 320 Bella Vista, asked for details on how the home would fit on this lot and requested
the opportunity to inspect the plans and make suggestions or comments. He asked what would happen
to the parcel is the plans were not approve?
Staff response to question: The actions on this item will become null if the process does not result in
an approved home, except for the reimbursement of the Architecture and Site fees from the grant to
the Habitat.
Julie Bruno, Bella Vista, asked how the unit would be kept from becoming a rental and asked if
consideration of improving the lot for a small neighborhood park had been considered.
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Redevelopment Agency Los Gatos, California
HEARINGS CONTINUED
CONTINUED JOINT HEARING
HABITAT FOR HUMANITY/SURPLUS LAND/CHARLES ST/RESOLUTION 1998-185/CONT.
Speakers continued:
Wynell Waldo,noted that this unit is only for owner occupation and it will revert to Habitat if it is
used otherwise. A covered carport is suggested so that a garage will not be used for living space.
Anna Watkins, Wheller, expressed her enthusiasm for this project in her neighborhood.
Knowlton Shore, 247 Los Gatos Boulevard, asked for very careful consideration of the intensive
traffic on Bella Vista and Charles in the morning for school arrival and afternoon when school is
dismissed.
No one else from the audience addressed this issue.
Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council and Agency close the public
hearing. Carried unanimously.
Motion by Mr. Attaway, seconded by Mrs. Benjamin, that Council record land (APN 529-22-028)
donated to the Town by the California Department of Highways at $5,183.64. Carried unanimously.
Motion by Mr. Attaway, seconded by Mrs. Benjamin, that Council adopt Resolution 1998-185
entitled, RESOLUTION OF THE TOWN OF LOS GATOS DECLARING 22 CHARLES
STREET (APN 529-22-028) AS SURPLUS TOWN OWNED LAND. Carried unanimously.
Motion by Mr. Attaway, seconded by Mrs. Benjamin, that Council refer dedication request to
Planning Commission for consideration in accordance with Government Code Section 65402 et. seq.
Carried unanimously.
Motion by Mr. Attaway, seconded by Mrs. Benjamin, that Council approve the land sale of APN
529-22-028 to Silicon Valley Habitat for Humanity and authorize related budget adjustments. Carried
unanimously.
Motion by Mr. Attaway, seconded by Mrs. Benjamin, that the Agency authorize grant, not to exceed
$310,000 to Silicon Valley Habitat for Humanity from Redevelopment Agency Housing Set Aside
(4440-72118). Carried unanimously.
Motion by Mr. Attaway, seconded by Mrs. Benjamin, that the Council and Agency direct staff to
prepare documents for Council and Agency approval; and that employees and residents of the Town
be given first priority in the opportunity to participate in this program as the requirements are
specified in the Town's BMP stipulations. Carried unanimously.
TOWN COUNCIL HEARING
UNIVERSITY AVENUE 330/PLANNED DEVELOPMENT/ZONE CHANGE/HEARING (13.09)
Mayor Hutchins 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 approval of a Planned Development
Application to change the zone from RM:5-12 LHP to RM:5-12 PD LHP to demolish an existing pre-
1941 single family residence, remodel an existing single family residence,
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HEARING CONTINUED
UNIVERSITY AVENUE 330/PLANNED DEVELOPMENT/ZONE CHANGE/Continued
and construct 30 residential units. Development Application DEV-97-005. Negative Declaration
Application ND-97-14. No significant environmental impacts have been identified as a result of this
project and a Negative Declaration has been recommended. Property location: 330 University
Avenue. Property Owner: Estate of Zona Mae Boyer. Applicant: Bill Hirschman/Maxim
Investments. Hearing requested by applicant
The following people from the audience spoke to this issue:
Bill Hirschman, 1540 Parkmoor Ave, San Jose, asked that the architect be permitted to speak first and
then he gave a presentation of the proposed improvements for traffic and parking at the corner of
University and Highway 9.
Ken Milmeyer, McLarand Vasquez Partners, 695 Town Center Drive, Ste 300, Costa Mesa, gave an
overview of the project and explained the plans.
Ira Spector, 121 Edelen Ave, spoke against the project due to traffic.
Richard Minert, 255 University Ave, spoke of the lack of style and asked that this particular project
be denied.
Ann Maloney, 117 Edelen, asked for slower traffic and not this project with impact on traffic.
Maggie Creighton, 142 Tait, asked for more consideration of the project and more thought on what
would fit. She asked Council to think of ways his project could unify the community and mitigate the
traffic problem. She asked that the neighborhood look for issues to help this procedure.
Helen Gillespie, 130 Edelen, asked that the Planning Commissions decision be upheld, and noting the
impacts this neighborhood has been recently subjected to.
Carolyn Moniz, 593 Vasona Ave, finds the proposal pleasing and asked that the project be approved.
Barbara Spector, 121 Edelen, asked for denial.
John Krop, 246 Edelen, spoke of the overburdened traffic system and requested denial.
Randi Chen, 118 Edelen, did not approve of the project.
Dave Williams, 103 Fairview Plaza, spoke of the need for more affordable housing in Los Gatos and
his hope of finding a home of the quality and in the price range that these units would fall.
Tim Murphy, 129 Edelen, asked that a Town traffic study be done before any project in this area be
considered.
Stacy Stewart, 213 Edelen, asked for a different project.
Bernie Greenfield, 226 Forrester Road, supported the proposal and from experience knows that the
applicant would construct a superior project.
Sue Farwell, 121 Laurel Ave, believes it a good project and supported the proposal.
Geoff Lamb, 58 Chester, spoke of the Mobile Home Park conversion, the Old Town rehab, the Miles
Ave. complex and this proposal and noted the impact these will have on the University and Highway 9
intersection and the impact on the existing small residential neighborhoods adjacent to these
proposals.
Paul Bruno, 200 Bella Vista, asked what the specific community benefits were and did not think the
lane widening on University was sufficient.
Bill Hirschman, wrapped up his presentation and answered Council's questions.
No one else from the audience addressed this issue.
Motion by Mr. Attaway, seconded by Mr. Blanton, to close the public hearing. Carried
unanimously.
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Redevelopment Agency Los Gatos, California
UNIVERSITY AVENUE 330/PLANNED DEVELOPMENT/ZONE CHANGE/Hearing Continued
Council Comments:
Ensure a unique development compatible with the neighborhood
Promote a grand compromise and consensus
Come to agreement on design
Establish the neighborhood compatibility as regards look and feel of design
Unit 5 does not fit the topography gracefully, units should be designed to take advantage of the
topography
Cut and fill should be eliminated
Basic safety issue with ingress and egress
Which neighborhood are we trying to replicate? The apartments or the houses or both?
What about six victorian apartments with twenty-two smaller units?
Operational traffic study for the community is a must
Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, to return this project to the Planning
Commission to discuss all aspects of the project; to establish a meeting with the intent to build
consensus between neighborhood, Planning Commission and builder; to look at all of the problems,
all of the issues, and have the neighborhood and builder resolve the problems and come to some
consensus. This meeting will be a study session properly noticed for the Brown Act.
RISK MANAGEMENT POLICIES AND PROCEDURES/RESOLUTION 1998-186 (14.14)
Motion by Mrs. Lubeck, seconded by Mr. Blanton, that Council adopt Resolution 1998-186 entitled,
RESOLUTION OF THE TOWN OF LOS GATOS ESTABLISHING RISK MANAGEMENT
POLICIES AND PROCEDURES, and including the following amendment to Exhibit A, Section I,
First Sentence: "The Town Manager, Town Attorney, Department Heads and/or their designees shall
act as the Town's Risk Management Committee." Carried unanimously.
PLANNING COMMISSION POLICIES AND PROCEDURES/RESOLUTION 1998-187 (15.47)
Mayor Hutchins stated that this was the time and place duly noted to consider accepting proposed
policy prohibiting Planning Commissioners from meeting with applicants and other interested parties
outside the public hearing process and adopting resolution approving Planning Commission policies
and procedures.
The following people from the audience spoke to this issue:
Jim Creighton, 142 Tait Ave, the principle of openness and visibility must be maintained but not at
the expense of practicality. Mechanisms should be established by which the Planning Commission
can openly and visibly discuss with applicants. Council must structure ways for this openness of
communications can occur.
Richard Stowers, 17179 Crescent Drive, appreciates the open communications in this community
that has been demonstrated historically by the Council and Planning Commission. The Town
representatives have consistently shown integrity and dedication and have not imposed any special
interests on the community.
Richard Minert, 255 University, spoke of the expense of architectural plans and the time involved
between client and architect and noted that the additive of a preliminary public study session might
prove helpful.
Bill Hirschman, 1540 Parkmoor Ave, San Jose, asked that a guide be made for the use of these
proposed meetings, that they be used sparingly but when developers feel a need for discussion with
the Commission and others affected by the project.
PLANNING COMMISSION POLICIES AND PROCEDURES/CONT.
Speakers continued:
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Maggie Creighton, 142 Tait Ave, spoke of flushing out issues, submitting alternatives, developing
scenarios, choosing options, creating consensus. Establish forums where public and planners get
together and problem solve. Always invite the public so meetings represent all interested parties.
Gary Schloh, has always felt free to discuss with neighbors and commissioners the different aspects
of his projects.
No one else from the audience addressed this issue.
Motion by Mrs. Benjamin, seconded by Mr. Attaway, that Council accept proposed policy
prohibiting Planning Commissioners from meeting with applicants and other interested parties outside
the public hearing process. This policy is Option 2 in the staff report with the following correction to
the last sentence in Section 4.2, "Study sessions may be used as a means to facilitating informal
communication." That sentence will be inserted after the second sentence in Section 4.2 which ends
with the word "remand." Carried unanimously.
Motion by Mr. Attaway, seconded by Mrs. Lubeck, that Council adopt Resolution 1998-187 entitled,
RESOLUTION OF THE TOWN OF LOS GATOS APPROVING PLANNING COMMISSION
POLICIES AND PROCEDURES, which will include Option 2 in the staff report with the correction
noted in the previous motion. Carried unanimously.
DOWNTOWN OPERATIONAL TRAFFIC STUDY/SCOPE OF WORK (16.40)
Motion by Mrs. Lubeck, seconded by Mr. Attaway, to approve the full scope of work in the staff
report for the downtown operational traffic study prepared by Town Traffic Engineer, Mark Wessel.
Carried unanimously.
DOWNTOWN PARKING ISSUES (17.39)
Mayor Hutchins stated that this was the time and place duly noted to consider Chamber of Commerce
volunteer Business Action Plan; Parking Commission short term parking solutions; Valet Parking
requests from Lyndon Plaza and Old Town.
The following people from the audience spoke to this issue:
Rex Morton, 51 University Ave, asked Council to support the Chamber's proposal and for
cooperation between the residential and business neighborhoods.
Kent Cooper, 718 University Ave, Ste 217, Cooper & Company, spoke in support of the Chamber's
proposal and noted that many others had attended in support but had to leave the meeting earlier.
Maggie Creighton, 142 Tait, asked for clarity regarding the proposal, such as: Articles in the Weekly
to let more people know about it; Where are the people going to park? Where are the designated
areas? Why were those areas identified? What was the rationale? How long will these areas be
targeted for overflow parking? What are the specifics of the parking structures proposed? Have the
impacted neighborhoods been assessed of those specifics? The neighborhoods must be kept abreast of
the preparations for long term parking solutions. The Neighborhood Captains and Block Captains
need to be better prepared on what is occurring and what the expectations are and they need to discuss
this with their neighbors and return this information to the Chamber so that the Chamber can garner
the appropriate support from the residential neighborhoods.
Kurt Lemons, 54 N. Santa Cruz, addressed the Chamber's parking program and explained how the
business owners were instructed to inform their personnel of parking etiquette in the residential
neighborhoods.
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DOWNTOWN PARKING ISSUES CONT.
Speakers continued:
Sherri Lewis, Executive Director of the Chamber of Commerce, noted that the Town was to mail a
cover letter, with the plan attached, and listing the contact people (the block captains of both the
residential and business community,) to about 800 people in the residential neighborhoods explaining
the proposed neighborhood holiday parking program. She asked for Council's support in the full
partnership of the program.
Bob Peebles, 207 Edelen Ave, he spoke of lighting the bike trail as an alternative way for people to
access the downtown after parking on Miles.
Janice Benjamin, 211 Alexander, The Indian Store, asked about establishing a shuttle service to the
outlying parking lots.
Michael Cahen, California Cafe, 385 Bella Vista, spoke in favor of valet parking in Town.
Glen Thompson, 20 S. Santa Cruz, Willow Street Pizza, spoke in favor of valet parking, and
suggested different options for trial of this system throughout the Town.
No one else from the audience addressed this issue.
Council Consensus for approval of the Chamber of Commerce Volunteer Business Action Plan with
the following considerations:
1) Captains for the business community go out during this coming week and explain to the
neighborhoods what is going on. 2) This explanation will occur before the Town sends out a letter.
3) This procedure should work for a positive result rather that a reactionary result by sending out a
letter first. 4) During this time a Chamber member, Council member, and member of staff will work
on the wording of the letter so that it carries the correct tone inviting cooperation of all parties.
Motion by Mrs. Benjamin, seconded by Mr. Attaway, that valet parking be permitted in Old Town
parking lot, or any other private lot in the downtown area. Carried unanimously.
Motion by Mrs. Benjamin, seconded by Mr. Blanton, that staff return on December 7, 1998 with a
lease agreement which would permit the old bus depot lot to be used with valet parking. Carried
unanimously.
Council Consensus that due to insurance issues, valet parking on public lots should be held off until
the business community, and the Town staff consider the implications of such a program. It can be
considered again on December the 7th.
SUMMERHILL HOMES/FINAL MAP/ENCROACHMENT ISSUE (18.09)
Motion by Mrs. Lubeck, seconded by Mr. Attaway, that Council approve SummerHill Homes'
request to approve process for adopting final map while SummerHill Homes eliminates an
encroachment on 88 acres (originally estimated to be 85 acres) of open space on Tract 9122 (14734
Blossom Hill Road.) Carried unanimously.
Council Reports
Joanne Benjamin reminded Council that on Thursday, December 10, 1998, the Christmas Party at the
Hayes Mansion will be held by the Santa Clara County Cities Association. Be sure to put it on your
calendars.
Mrs. Benjamin also complimented outgoing Mayor Lubeck for a fine year in office.
ADJOURNMENT
Mayor Hutchins adjourned this evening's meeting at 11:44 P.M.
ATTEST:Marian V. Cosgrove, Town
Clerk
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