M 10-04-99TOWN OF LOS GATOS
CALIFORNIA
TOWN COUNCIL/PARKING AUTHORITY
JOINT REDEVELOPMENT AGENCY
October 4, 1999/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
7:30 p.m., Monday, October 4, 1999, in joint regular session.
ROLL CALL
Present:Randy Attaway, Steven Blanton, Linda Lubeck,
Joe Pirzynski, and Mayor/Chairman Jan Hutchins.
Absent:None
PLEDGE OF ALLEGIANCE
Given by all in attendance.
CLOSED SESSION
Town Attorney, Orry Korb, announced that Council had met in Closed Session
prior to this evening's meeting pursuant to Government Code Section 54957,
regarding Public Employee Performance Evaluation (Town Manager). No action
was taken.
Pursuant to Government Code Section 54957.6, Council met to discuss Labor
Relations. Town Negotiator (Lead): Gary Rogers, Personnel Manager;
Employee, Town Manager and Town. No action was taken.
COMMENDATION/TIM DAUBER/STUDENT PARKS COMMISSIONER (00.10)
Mayor Hutchins announced a Commendation from the Town of Los Gatos to Tim
Dauber, a Student Parks Commissioner, for his term of service on the
Commission.
SCHEDULE OF PUBLIC HEARINGS (01.01)
Informational report regarding currently scheduled public hearings was received
and filed.
COUNTY REFERRALS (02.47)
Motion by Mr. Pirzynski, seconded by Mr. Attaway, that Council accept the
report concerning County Referrals:
NUMBER LOCATION APPLICANT REQUEST
RECOMMENDATION
7277 16299 Cowell Road Coleman Design Review
Approval/No Conditions
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.
RATIFICATION OF PAYROLL/SEPTEMBER 1999 (04.V)
Motion by Mr. Pirzynski, seconded by Mr. Attaway, that Council ratify the
check registers for the payroll of September 5 through September 18, 1999 paid
on September 24, 1999 in the amount of $374,712.49. Carried unanimously.
ACCOUNTS PAYABLE/RATIFICATION/SEPTEMBER 1999 (05.V)
Motion by Mr. Pirzynski, seconded by Mr. Attaway, that Council ratify the
accompanying check registers for accounts payable invoices paid on September
17, and September 24, 1999, in the amount of $2,261,807.04. Carried
unanimously.
MINUTES OF SEPTEMBER 20, 1999 (06.V)
Motion by Mr. Pirzynski, seconded by Mr. Attaway, that Council approve the
Minutes of September 20, 1999 Town Council/Redevelopment Agency Meeting
with the following correction on page 5 regarding Edelen Parking District under
Council Consensus should read: "... but the issue can return to Council after Old
Town is completed and Council has had time to access its effect on the area."
Carried unanimously.
COMMENDATION/ALISTAIR DALLAS/PUBLISHED BOOK/RESOLUTION 1999-150
(08.44)
Motion by Mr. Pirzynski, seconded by Mr. Attaway, that Council adopt
Resolution 1999-150 entitled, RESOLUTION OF THE TOWN OF LOS GATOS
COMMENDING ALISTAIR DALLAS FOR HIS BOOK ON THE TOWN OF LOS
GATOS. Carried unanimously.
HEARINGS
WOODED VIEW DRIVE 250/RESIDENTIAL HILLSIDE/APPEAL (10.09)
Mayor Hutchins stated that this was the time and place duly noted to consider
appeal of a request for Architecture and Site approval to construct a new single
family residence and a Conditional Use Permit to construct an accessory living
quarter on property zoned HR-2 1/2. Project Application: PRJ-99-100.
Conditional Use Permit: U-99-2. Property Location: 250 Wooded View Drive (Lot
2). Property Owner: Lori Holland. Applicant: T.H.I.S. Design.
The following people from the audience spoke to this issue:
Tony Jeans, P.O. Box 1518, Los Gatos, outlined the history of the project, the
concerns of the Planning Commission and his and his client's attempt to meet
those concerns.
Lori Holland, 17390 Pleasant View Drive, Monte Sereno, spoke of the work and
effort she and her architect have gone to in order to meet all the requests and
rules of the Town and the Planning Commission.
David Brightenthal, 210 Wooded View, a neighbor of the proposed project,
spoke in complete favor of this project and would like to see its completion.
No one else from the audience addressed this issue.
Motion by Mr. Attaway, seconded by Mr. Pirzynski, to close the public
hearing. Carried unanimously.
Motion by Mr. Attaway, seconded by Mr. Hutchins, to uphold the appeal and
overturn the Planning Commission's decision; to lower the house 18"; to move
the house back 5'; to allow a second floor; to make the findings as required by
Section 29.20.190 of the Town Code; that the proposed use of the property is
essential and desireable to the public and community welfare; that the use will
not impair the integrity and character of the zone; that the proposed use will not
be detrimental to public health, safety and general welfare; that the proposed
uses of the property are in harmony with the various elements or objectives of
the General Plan and its
HEARINGS CONTINUED
WOODED VIEW DRIVE 250/RESIDENTIAL HILLSIDE/CONT.
Motion by Mr. Attaway continued:
purpose in this chapter; that as required in Section 15303 in the State
Environmental Guidelines as adopted by the Town this project is categorically
exempt; that it is within the Council's purview to look at the overall picture of
what is on this particular site and to make this particular decision; that the
Planning Commission did not have the discretion to modify Town policy and
guidelines; that only Council has the authority to overrule these policies; and
that this is subject to the conditions of approval as shown in Exhibit "G" of Item
"5" in the staff report of October 4, 1999. Carried by a vote of 4 ayes. Mr.
Pirzynski voted no for the following reasons: the project is too large for the site,
can be viewed from the valley floor, and intrudes upon the community viewscape.
MOBILE HOME PARK CONVERSION/WOODLAND AVENUE 484/HEARING
(25.09)
Mayor Hutchins stated that this was the time and place duly noted to consider
request for approval of a Mobile Home Park Conversion Permit on property
zoned RMH. Development Application DEV-97-007. Applicant: Green Valley
Corporation. Property Owner: Malcolm and Margaret McNelly.
Town Attorney, Orry Korb, gave an update on the mediation concerning this item
which has not been concluded yet. Mr. Korb suggested continuing this matter to
November 1, 1999 for an update on the mediation arbitration or a report on the
conclusion of the matter.
Doug McNelley, owner of Los Gatos Mobile Home Park, spoke about the opened
ended approach of this arbitration procedure. The players are not clear about
the meeting times that are open for all to meet and confer. There is no set time
to come to an agreement or an opportunity provided to decide if we can come to
an agreement on our own.
Motion by Mr. Pirzynski, seconded by Mrs. Lubeck, to return this item to
Council October 18, 1999, to review the mediators that are available with flexible
hours that could accommodate the players in this process and to review the
current arbitrator's schedule through the month of December to see if he will be
flexible enough to continue this project. Carried unanimously.
BLOSSOM HILL MANOR #8/ANNEXATION/HEARING (12.14)
Mayor Hutchins stated that this was the time and place duly noted to consider
protests concerning the reorganization of inhabited territory to the Town of Los
Gatos know as Blossom Hill Manor #8.
The following people from the audience spoke to this issue:
Glen Kelley, 15694 Longwood Drive, asked when the results would be in
concerning the votes received. Staff noted that the report would be ready by
November 1, 1999.
Cindy Steele, 16299 Lilac Lane, read a statement that she did not agree with the
format of the written protest forms, with the statements on them, and with all the
inconsistencies in them.
Henry Chaeff, 15670 Linda Ave, spoke against annexation.
Ken Geiser, 15661 Loma Vista Ave, asked questions about voter registration
lists and purging of lists.
HEARINGS CONTINUED
BLOSSOM HILL MANOR #8/ANNEXATION/CONT.
Speakers Continued:
Rhodie Firth, 15905 Orange Blossom Lane, in favor of annexation. Would like
to vote on officials, use of the library, and have some control of the remodeling in
her neighborhood. She likes The Manor and the way it was built and wants to
become a citizen of Los Gatos.
Rodney Juncker, 15850 Orange Blossom Lane, questioned the business
licence tax in Town which does not exist in the County. People are actively
moving toward home occupations due to wide spread internet access and asked
how the Town was addressing that fact.
Joe Carrol, 15811 Cherry Blossom, asked that there be a vote before you take
us. I want my house remodeled before I come into the Town. My house does
not conform to the Town's requirements and I would like to be grandfathered in.
Mike Pierce, 16622 Farley Road, noted that he was opposed to having curbs
and gutters.
Blossom Puckett, 16522 Farley Road, she noted that this was the 5th
annexation try by the Town. She asked to be left alone, or at least go to a vote.
No one else from the audience addressed this issue.
Town Attorney, Orry Korb, announced that all protests against the annexation of
Blossom Hill #8 must be filed with the Town Clerk for acceptance, before the
close of this hearing.
Motion by Mr. Attaway, seconded by Mr. Blanton, to close the public hearing.
Carried unanimously.
Motion by Mrs. Lubeck, seconded by Mr. Pirzynski, to set November 1, 1999
as the date to adopt a resolution making a finding of the value of protests filed
and not withdrawn, and take the appropriate action. Carried unanimously.
BLOSSOM HILL MANOR #7/ANNEXATION/HEARING (12.14)
Mayor Hutchins stated that this was the time and place duly noted to consider
protests concerning the reorganization of inhabited territory to the Town of Los
Gatos know as Blossom Hill Manor #7.
The following people from the audience spoke to this issue:
Mark Duffy, 16505 Apple Blossom Lane, asked if Council would address the
likely hood of each one of these annexation areas going to a vote.
John Burnick, 15558 Linda, asked that the latest voter registration list be used
for counting the protests rather than the one from September 7, 1999.
No one else from the audience addressed this issue.
Town Attorney, Orry Korb, announced that all protests against the annexation of
Blossom Hill #8 must be filed with the Town Clerk for acceptance, before the
close of this hearing.
Motion by Mr. Attaway, seconded by Mrs. Lubeck, to close the public hearing.
Carried unanimously.
Motion by Mrs. Lubeck, seconded by Mr. Pirzynski, to set November 1, 1999
as the date to adopt a resolution making a finding of the value of protests filed
and not withdrawn, and take the appropriate action. Carried unanimously.
HEARINGS CONTINUED
CAMINO DEL CERRO #10/ANNEXATION/HEARING (12.14)
Mayor Hutchins stated that this was the time and place duly noted to consider
protests concerning the reorganization of inhabited territory to the Town of Los
Gatos know as Camino del Cerro #10.
No one from the audience addressed this issue.
Town Attorney, Orry Korb, announced that all protests against the annexation of
Camino del Cerro #10 must be filed with the Town Clerk for acceptance, before
the close of this hearing.
Motion by Mr. Pirzynski, seconded by Mr. Blanton, to close the public
hearing. Carried unanimously.
Motion by Mrs. Lubeck, seconded by Mr. Pirzynski, to set November 1, 1999
as the date to adopt a resolution making a finding of the value of protests filed
and not withdrawn, and take the appropriate action. Carried unanimously.
COUNCIL BREAK
Mayor Hutchins called an intermission at 9:10 p.m. Mayor Hutchins reopened
the Meeting at 9:15 p.m.
TRASH & RECYCLING RECEPTACLES/STATION WAY/PARKING LOT (07.40)
Mayor Hutchins stated that this was the time and place duly noted to consider
accepting report regarding the Main/Elm Parking Lot aka Station Way and Lot 5,
improvements related to trash and recycling receptacles.
Regina Falkner, Community Services Director, outlined the comments and
direction from prior meetings held with participating businesses on this lot.
The following person from the audience spoke to this issue:
Larry Arzie, 18000 Overlook Road, The Porch, a business located on the
Station Way parking lot, made the following comments: He is a proponent of Old
Town sharing its trash compactor; he would like options for the merchants on
how they are to pay for this service; asked for community input as to how the lot
will be designed; asked if the plan for the lot included mandatory participation in
the trash compactor and noted that the businesses on the lot need their own
trash receptacles close to their establishments; he asked what the savings
would be to Old Town after the 5 year amortization of payments, and asked if the
contributing businesses would also benefit from these savings. Will the rates be
reduced? Will the Town run the billing for use of the compactor? If participants
pull out from the agreement will the others be charged more? The estimate of
cost is 20 to 100 dollars a month assuming everyone on the lot participates. How
much time, effort and cleanup is entailed for moving the garbage across the lot to
the compactor? What is that cost? What about damage to automobiles in the lot
as the garbage is moved across the lot? He noted the additional cost of
insurance to the businesses in order to participate in the use of the compactor.
Asked for more committee meetings to design an attractive parking lot and
answer some of these concerns.
No one else from the audience addressed this issue.
TRASH & RECYCLING RECEPTACLES/STATION WAY/PARKING LOT/CONT.
Town Staff would consider a trash enclosure at either end of the parking lot, but
that is not a present option. The Town's desire is to increase the amount of
parking in the lot. Additional trash enclosures would cause the loss of additional
parking spaces. The license agreement has been prepared by Old Town. At the
end of each calendar year, Old Town will provide a statement to each of the
businesses informing them what the expenses have been for the year. Exhibit
"B" in tonight's report is an estimate of those charges. If recycling has been done
well by participants the rates will go down. It will be up to the businesses using
the compactor to monitor the five year amortization as it appears in their annual
statement and to make sure that Old Town is no longer charging for the
enclosure at the end of the specified time.
Council Consensus to accept the report regarding the Main/Elm Lot
improvements related to trash and recycling receptacles and request staff to
return with report addressing availability of solid waste management funds
available for supporting this type of project such as the AB949 funds.
CHAMBER OF COMMERCE/AGREEMENT WITH TOWN/RESOLUTION 1999-151
(09.19)
Mayor Hutchins stated that this was the time and place duly noted to consider
adopting resolution authorizing the Town Manager to execute a Third
Amendment to Agreement for Community Services by and between the Town of
Los Gatos and the Town of Los Gatos Chamber of Commerce for Fiscal Year
1999-00.
Motion by Mr. Attaway, seconded by Mrs. Lubeck, that Council adopt
Resolution 1999-151 entitled, RESOLUTION OF THE TOWN OF LOS GATOS
AUTHORIZING THE TOWN MANAGER TO EXECUTE A THIRD
AMENDMENT TO AGREEMENT FOR COMMUNITY SERVICES BY AND
BETWEEN THE TOWN OF LOS GATOS AND THE TOWN OF LOS GATOS
CHAMBER OF COMMERCE FOR FISCAL YEAR 1999-2000. Carried
unanimously.
DOWNTOWN PARKING IMPROVEMENT PLAN (15.40)
Council considered various downtown parking issues and made several
decisions by consensus.
The following people from the audience spoke to this issue:
Dianne McNutt, 25 Jackson Street, representing the Chamber of Commerce,
spoke of the efforts of the Chamber and updated Council on the items that have
been worked on. She addressed the Miles Avenue improvements and staff
noted that the trail access would be too expensive to light and that there already
was sufficient lighting on Miles. The steepness of Miles to navigate at night was
discussed. Changing the time limits in the parking lots was discussed and the
Chamber would prefer to have lot 7 remain an all day parking lot. She noted the
Park and Ride lot in the north end; Miles Ave. in the middle; and Lot 7 in the
South end of Town for employee parking. If lot 7 is removed from all day parking
there should be alternatives for employees such as all day permits. She spoke of
employee recruitment and the need for available employee parking in order to
retain those employees.
Terri Hope, 212 Bella Vista, owner of Los Gatos Coffee Roasting Company
near Lot 7. Miles Ave. Lot is 1/2 mile from Main Street. Her employees would be
walking in the rain, cold and dark instead of just around the corner. Some of her
employees are minors and she is concerned for their safety. There is a man
power crisis in Los Gatos and she has had to cut her hours fourteen hours a
week because she cannot staff her store. She asked questions specifically
regarding the times and dates these new parking hours would be in effect. Why
can't the public park on public streets, specifically University Avenue. Many
employees are also residents of Town. She asked for restricted parking on
Sundays.
DOWNTOWN PARKING IMPROVEMENT PLAN/RESOLUTION 1999-152 CONT.
Speakers continued:
Scott Lisaby, employee of the Coffee Roasting Company, spoke of the walk to
the Miles Ave. parking lot and the concerns he had regarding safety for
unescorted women, and the lack of sidewalks on that steep street.
Shirley Henderson, Antiquarium, noted that all the merchants on Main Street,
near Lot 7, want unlimited parking at that lot left for their employees.
Larry Arzie, The Porch, noted the Park Ave. parking for employees and asked
that it be left open for their benefit.
Bill Bacci, 236 North Santa Cruz Ave, urged public parking on a public street,
specifically University Ave.
David Terrace, Coffee Roasting Co., asked for parking permits for employees.
No one else from the audience addressed this issue.
Council Consensus that University and Edelen preferential parking would
remain as is for the present time.
Motion by Mr. Blanton, seconded by Mr. Pirzynski, that Council adopt
Resolution 1999-1952 entitled, RESOLUTION OF THE TOWN OF LOS GATOS
CHANGING TIME LIMITS ON MUNICIPAL PARKING LOTS 1, 2, 3, 4, 5,
AND 6 FROM UNLIMITED TO 3 HOUR PARKING DURING THE DAY FOR A
TRIAL PERIOD FROM NOVEMBER 1999 THROUGH JANUARY 3RD, 2000.
This motion includes the following amendments to the resolution: The third
Whereas to read, "Whereas, it is the intention of the Town Council of the Town of
Los Gatos to change the time limits on Municipal Parking Lots 1, 2, 3, 4, 5, and 6
from unlimited to 3 hour parking during the day for a trial period from November
1999 through January 3rd, 2000." The fourth Whereas to read, "Whereas, it is
the intention of the Town Council of the Town of Los Gatos to apply this time limit
between the hours of 9:00 A.M. to 9:00 P.M." Carried by a vote of 3 ayes. Mr.
Attaway and Mayor Hutchins voted no due to no full acceptance of the business
community on this proposal and the unanswered question as to where the
employees of lower lot 4 unlimited parking would go upon displacement.
Council Consensus that any valet parking on municipal lots must be provided by
Town's contractor assuring adherence to Town's requirements.
Consideration of Restriping Plan for Lot 6, Station Way:
Larry Arzie, Los Gatos Porch, spoke agaist the restriping plan at this time. He
noted the loss of loading zones which would interfere with the use of the three
gained parking stalls. He asked that there be no more disruption to this lot and
its merchants until well after this holiday season.
Paul Curtis, Planning Director, explained the plan and its rational, but also noted
that it had to proceed immediately if it was to meet Council's requirements to be
in place and operational before the start of this year's holiday season. Without
agreement on this Phase I of the parking lot it would be appropriate to simply
move on to Phase II.
Motion by Mrs. Lubeck, seconded by Mr. Attaway, to approve the Parking Lot
5, Station Way, restriping plan. Carried unanimously.
LYNDON CUPOLA/LOS GATOS COMMUNITY FOUNDATION (16.44)
Mayor Hutchins stated that this was the time and place duly noted to consider
Los Gatos Community Foundation request for a ruling regarding the future of the
Lyndon Cupola.
Mr. Pirzynski recused himself from this item because he serves on the
Foundation Board.
Paul DuBois, 121 Altura Vista, President of the Los Gatos Community
Foundation, spoke in support of the cupola being placed on a park bandstand
and asked that Council commit to supporting the Foundation's plans for the
cupola by agreeing that the structure remain in the park and that the Foundation
can begin doing planning and engineering work on the bandstand for the cupola.
Council Consensus that the cupola retain its present status with the Town and
its location at Oak Meadow Park until the Foundation raises sufficient funds to
place it on a new bandstand in the park.
FIRE TRUCK/OAK MEADOW PARK (17.30)
Mayor Hutchins stated that this was the time and place duly noted to consider
request from Parks Commission request to remove the fire truck at Oak Meadow
Park.
Council Consensus: That the Town needs its historic playground equipment for
the children of Los Gatos; and that staff investigate the options available for
opening up the fire truck again as a piece of playground equipment in the park;
and to also ask the attorney to review liability options regarding the use of this
playground equipment in the public park; and to report back to Council.
ADJOURNMENT
Mayor Hutchins adjourned this evening's meeting at 11:15 p.m.
ATTEST:
Marian V. Cosgrove
Town Clerk