M 05-03-99TOWN OF LOS GATOS
CALIFORNIA
TOWN COUNCIL/PARKING AUTHORITY
JOINT REDEVELOPMENT AGENCY
May 3, 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
7:35 p.m., Monday, May 3, 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
There was no Closed Session Meeting held this evening.
PRESENTATION/MUNICIPAL CLERKS WEEK
Mayor Hutchins presented a commendation to the Town Clerk from the Town of
Los Gatos recognizing Municipal Clerks Week throughout the world during the
week of May 2 through May 8, 1999. Mrs. Cosgrove thanked the Mayor and
accepted the presentation for the Town Clerk's Office.
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/APRIL 1999 (03.V)
Motion by Mr. Pirzynski, seconded by Mr. Blanton, that Council ratify the
check registers for the payroll of April 4 through April 17, 1999 paid on April 23,
1999, in the amount of $362,283.88. Carried unanimously.
ACCOUNTS PAYABLE/RATIFICATION/APRIL 1999 (04.V)
Motion by Mr. Pirzynski, seconded by Mr. Blanton, that Council ratify the
accompanying check registers for accounts payable invoices paid on April 16,
and April 23, 1999, in the amount of $277,379.31. Carried unanimously.
MINUTES OF APRIL 12, 1999 (05A.V)
Motion by Mr. Pirzynski, seconded by Mr. Blanton, that Council approve the
Minutes of April 12, 1999 Joint Redevelopment/Town Council Meeting as
submitted. Carried unanimously.
MINUTES OF APRIL 19, 1999 (05B.V)
Motion by Mr. Pirzynski, seconded by Mr. Blanton, that Council approve the
Minutes of April 19, 1999 Town Council Meeting as submitted. Carried
unanimously.
AMICUS BRIEF/CIRCLE K RANCH VS. BOARD OF SUPER. SANTA BARBARA
COUNTY (06.01)
Motion by Mr. Pirzynski, seconded by Mr. Blanton, that Council authorize
participation to join amicus brief in Circle K Ranch Corp. vs. Board of Supervisors
of Santa Barbara County, Second District Court of Appeal, Division Six,
B124996, at no cost to the Town. Carried unanimously.
STORM WATER MANAGEMENT PROGRAM WORK PLAN FOR 1999-2000 (07.28)
WEST VALLEY SANITATION DISTRICT AND TOWN AGREEMENT
Motion by Mr. Pirzynski, seconded by Mr. Blanton, that Council approve
1999-2000 Storm Water Management Program work plan for the Town of Los
Gatos and the West Valley Sanitation District. Carried unanimously.
MULTICAPTURE WORKSTATION/NT-BASED/PRINTRAK INTERNATION INC.
(08.09)
Motion by Mr. Pirzynski, seconded by Mr. Blanton, to continue this item to
May 17, 1999 as recommended by staff. Carried unanimously.
OAK MEADOW PARK/GABION WALL/PROJECT 9901/RESOLUTION 1999-47
(09.35)
Motion by Mr. Pirzynski, seconded by Mr. Blanton, that Council adopt
Resolution 1999-47 entitled, RESOLUTION OF THE TOWN OF LOS GATOS
ACCEPTING WORK OF SANTA CLARA COUNTY PARKS DEPARTMENT -
BUGLER CONSTRUCTION PROJECT 9901 - OAK MEADOW PARK GABION
WALL AND AUTHORIZING THE TOWN MANAGER TO EXECUTE
CERTIFICATE OF ACCEPTANCE AND NOTICE OF COMPLETION FOR
RECORDING BY THE TOWN CLERK, authorizing increase of $2,218 for
additional services in change orders three ($1,600) and four ($528), and
authorizing increase in expenditure budget in fund 462 from $35,590 to $36,080,
funded from fund balance. Carried unanimously.
LANDSCAPING AND LIGHTING ASSESSMENT DISTRICTS/RESOLUTION 1999-48
(10.28)
BENEFIT DISTRICT 1: BLACKWELL DRIVE/HILLBROOK/KENNEDY
MEADOWS/SANTA ROSA HEIGHTS/VASONA HEIGHTS AND BENEFIT DISTRICT
2: GEMINI COURT
Motion by Mr. Pirzynski, seconded by Mr. Blanton, that Council adopt
Resolution 1999-48 entitled, RESOLUTION OF THE TOWN OF LOS GATOS
ORDERING THE DISTRICT ENGINEER TO PREPARE AND FILE AN ANNUAL
REPORT IN ACCORDANCE WITH STREETS & HIGHWAYS CODE 22565
AND FOLLOWING REGARDING LANDSCAPING & LIGHTING DISTRICT
ASSESSMENT #1: BLACKWELL DRIVE BENEFIT ZONE - HILLBROOK
BENEFIT ZONE - KENNEDY MEADOWS BENEFIT ZONE - SANTA ROSA
HEIGHTS BENEFITS ZONE - VASONA HEIGHTS BENEFIT ZONE; AND
LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT #2: GEMINI
COURT BENEFIT ZONE OF THE TOWN OF LOS GATOS. Carried
unanimously.
PROJECT 9927/TREE PRUNING AND REMOVAL/RESOLUTION 1999-49 (11.35)
Motion by Mr. Pirzynski, seconded by Mr. Blanton, that Council adopt
Resolution 1999-49 entitled, RESOLUTION OF THE TOWN OF LOS GATOS
ACCEPTING WORK OF CORPORATE AND COMMERCIAL SERVICES, INC.
FOR PROJECT 9927 - TREE PRUNING AND REMOVAL AND AUTHORIZE
THE TOWN MANAGER TO EXECUTE CERTIFICATE OF ACCEPTANCE AND
NOTICE OF COMPLETION FOR RECORDING BY TOWN CLERK. Carried
unanimously.
PROJECT 9935/SEISMIC RETROFIT/TWO BRIDGE STRUCTURES (12.35)
FUTURE FEDERAL AND STATE AID PROJECTS/RESOLUTION 1999-50
Motion by Mr. Pirzynski, seconded by Mr. Blanton, that Council adopt
Resolution 1999-50 entitled, RESOLUTION OF THE TOWN OF LOS GATOS
AUTHORIZING THE TOWN MANAGER, OR HIS DESIGNATED
REPRESENTATIVE, TO EXECUTE PROGRAM SUPPLEMENTS WITH THE
STATE OF CALIFORNIA FOR FEDERAL AID PROJECTS. Carried
unanimously.
VALET PARKING IN THE DOWNTOWN/PRIVATE LOTS/ORDINANCE 2061 (15.47)
Motion by Mr. Pirzynski, seconded by Mr. Blanton, that Council adopt
Ordinance 2061 entitled, ORDINANCE OF THE TOWN OF LOS GATOS
AMENDING TOWN CODE CHAPTER 29 -ARTICLE I - DIVISION 4 -
PARKING - TO ALLOW VALET PARKING ON PRIVATE LOTS IN THE
DOWNTOWN PARKING ASSESSMENT DISTRICT; AND CHAPTER 29 -
ARTICLE II - DIVISION 7 - ASSIGNMENT OF DUTIES - TO MODIFY DUTIES
FOR REVIEW OF PARKING LOT PERMITS FOR VALET PARKING ON
PRIVATE LOTS. Carried unanimously.
VERBAL COMMUNICATIONS
Homeless Shelter:
Rosemary Bittmann, 108 Villa Ave, asked Council to establish showers and
rest rooms in the downtown for the homeless. Council responded that this had
been investigated and the Town donates to established agencies that aid the
homeless in programs that shelter and help find employment and housing.
Political Signs:
Donna Courtright, 16381 E. La Chaquita, asked Council to reconsider its
decision concerning her assessment for illegally placed political signs. Council
asked that this item be agendized for May 24, 1999.
Elaine Hocher, P.O. Box 3, Saratoga, spoke in support of a more considerate
Town sign policy.
HEARINGS
CERRO VISTA DRIVE 16060/NEW RESIDENTIAL PRJ-98-041/APPEAL (16.09)
Mayor Hutchins stated that this was the time and place duly noted for public
hearing to consider appeal of the decision of the Planning Commission approving
an Architecture and Site application to construct a new single family residence on
property in the HR-1 zone. Project Application: PRJ-98-041. Property Location:
16060 Cerro Vista Drive. Property Owner: Blasius & Kristina Brezoczky.
Applicant: R.C. Foust. Appellant: Bob Rice.
The following people from the audience spoke to this issue:
Robert Rice, 150 Wooded View Drive, noted that he had been the appellant for
the Planning Commission but the appellant for the appeal before Council tonight
is Gary and Caroline Small.
Gary Small, 16000 Cerro Vista Drive, spoke of the impact on his home, the
mass and scale of the project, land slippage, the damage to a large existing oak
tree and the need for additional landscape screening between the proposed
project and his home.
HEARINGS CONTINUED
CERRO VISTA DRIVE 16060/NEW RESIDENTIAL CONTINUED
Speakers Continued:
Blasius Brezoczky, 6836 Eldridge Drive, San Jose, spoke of working with the
neighbors on his designs over the years, and in reducing square footage, height
and mass. He removed windows on the Small's side.
Robert Rice, 150 Wooded View Drive, noted that the Smalls did not participate
in earlier discussions. The Smalls first raised objections at the last Planning
Commission Meeting.
Carolyn Small, 16000 Cerra Vista, spoke of where her bedroom and windows
were located in relation to the proposed project and her entertainment area. She
claimed the house moved from one side of the property to the other and now
severely impacts her home. She asked that the project's impact be shared by
the whole neighborhood and not only affect the Smalls
Thomas Brezoczky, owner's son, lives in Willow Glen, and asked for approval
of the project.
Marge Rice, 150 Wooded View Drive, noted Planning Commission's approval
and explained how all the neighbors are impacted still by the house and feel that
they do share in the impacts.
Gary Small, 16000 Cerro Vista, would like a better solution to the problem. He
feels he is taking the total impact of the project. He would like 48" redwoods
planted rather than 24" ones to shield his entertaining area from the new project.
Mr. Bowman, Planning Director, noted that there may be more environmental
damage done by trying to plant the larger tree.
Mr. Small noted that the trees can be placed by hand digging and there wouldn't
be any damage done by machinery.
No one else from the audience addressed this issue.
Motion by Mr. Attaway, seconded by Mr. Blanton, to close the public hearing.
Carried unanimously.
Motion by Mr. Attaway, seconded by Mr. Blanton, to uphold the Planning
Commission's decision and approve the applicant's request to construct a new
single family residence subject to the conditions recommended by the
Development Review Committee and Planning Commission; to direct the town
arborist to approve the largest sized trees which would not cause undo
environmental impact in that location; and that the town arborist visit the site at
the time of framing so that there will be minimum impact to the existing oak tree
by the house and decking structures. Carried unanimously.
WOODLAND AVENUE 484/MOBILE HOME PARK CONVERSION PERMIT (17.09)
Mayor Hutchins stated that this was the time and place duly noted for public
hearing to consider request for approval of a Mobile Home park Conversion
Permit on property zoned RMH. Property location: 484 Woodland Avenue.
Development Application: DEV-97-007. Applicant: Green Valley Corporation.
Property Owner: Malcolm and Margaret McNelly.
The following people from the audience spoke to this issue:
Thomas Kerr, 3807 Pasadena Avenue, Suite 100, Sacramento, consultant for
report on park closure, spoke regarding his report on the process.
HEARINGS CONTINUED
WOODLAND AVENUE 484/MOBILE HOME PARK/CONTINUED
Speakers Continued:
Frederik Jacobsen, P.O. Box 6190, San Mateo, Attorney representing the
McNelly family, spoke of the history of the closure of the park. He spoke of the
application to close the park and doesn't believe there is a need to study any
thing else regarding the issue.
Jack Jones, 484 Woodland Ave, #45, listed five points he wanted to readdress:
1) Rental deposit reimbursement; 2) Waive the 30 day notice if tenants must
leave; 3) Endorsement letter by J.R. Pillips; 4) Six months stay for the renters
as well as with the coach owners; 5) Equality status for renters as well as
owners.
Anna Huynh, 54 Chester, asked for a copy of the Kerr report.
Bill Krause, 484 Woodland Ave, #17, noted a letter in the packet which was
endorsed by 35 families and said that some families didn't believe the letter went
far enough. He stated that the letter presented a fair package for reimbursement,
and he believes the letter should be added to the report. He stated that the
report is incomplete without the letter.
Vikki Recktenwald, 484 Woodland Ave, #25, suggested that the Town look for
legal precedence in legislation concerning apartments becoming condos. She
asked that the rents being raised periodically on anniversary dates be addressed.
As an impact report the effect of closure on renters and property owners should
be addressed because there is a substantial financial impact on all concerned.
No one else from the audience addressed this issue.
Motion by Mr. Attaway, seconded by Mr. Blanton, to close the public hearing.
Carried unanimously.
Motion by Mr. Attaway, seconded by Mr. Hutchins, to reopen and continue
the public hearing to June 21, 1999. Carried unanimously.
Council Consensus for the expanded report to cover the following items:
1)Some form of nexus for Council to form its conclusions
2)Study of comparable park closures to see how owners were compensated
3)Methodology for determining the compensation
4)Court challenges associated with certain procedures
5)Have renters been compensated in the past during park closures
6)Precedence for compensation to renters that were renting prior to the
notice of closure
7)Look for comparable cases in California or other states that meet our
circumstances
8)What are the legal implications associated with procedures others have
followed
9)Look for most secure legal position for the Town by comparing other park
closures to our circumstances
10)"Notice of Closure" is the notice given to the Town by the owner's filing of
an application for closure
OLD BLOSSOM HILL ROAD 101/RESIDENTIAL APPEAL (14.09)
Mayor Hutchins stated that this was the time and place duly noted for adopting
resolution granting an appeal of a decision of the Planning Commission
approving an Architecture and Site Application to construct a new residence on
property zoned R-1:8. Project Application: PRJ-98-165. Property Location: 101
Old Blossom Hill Road. Property Owner/Appellant: Paul H. and Michelle A. Izor.
The following people from the audience spoke to this issue:
Paul Izor, 128 Nina Court, spoke again about the excessive dedication of
property the Town has required and which does not allow him to situate his home
comfortably on his lot. He is even more disconcerted now that 90% of his lot is
entailed rather than the original 51%. He still asks for modification of the
dedications or modification of the condition. He feels that the resolution is not fair
or legal.
Campbell, 16000 Blossom Hill Road, asked that Council approve the project.
Suresh Panikar, 16059 Blossom Hill Road, spoke of the upgraded
neighborhood and the need for this unkempt lot to be improved and occupied by
a home.
Charles Kim, 200 Old Blossom Hill, would like the ugly lot improved with a
home.
No one else from the audience addressed this issue.
Suggestion for Council Consensus that the Town Attorney make certain
textural corrections to the Proposed Resolution and that this proposal be
remanded to the Planning Commission rather than to the Design Review
Committee; the reason that this is returning to the Planning Commission is to
protect public funds at the time of future purchase of this property for street
improvements; and to see that the proposal conforms to normal set backs. If it
is demonstrated that normal set backs will be an undo burden and the set backs
need to be reduced then other conditions could be placed such as landscaping
all the public right-of-ways and areas around the house that were not considered
for landscaping in the original proposal.
Actual Council Consensus that the Town Attorney make certain textural
corrections to the Proposed Resolution and the corrected resolution return to
Council May 17, 1999.
OLD ADOBE ROAD 174/TREE DAMAGE TO DRIVEWAY (18.09)
The following people from the audience spoke to this issue:
Virginia Cherf, 174 Old Adobe Road, spoke of the damage to her property by a
Town owned liquid amber tree, and asked for recompense from the Town of
$6,785 for the cost of the driveway repair.
Terry Chapman, 201 Mistletoe Road, gave the chronology of the damage the
tree caused and the attempts of he and his neighbor to have it removed.
No one else from the audience addressed this issue.
Council Consensus to return this item to Closed Session for discussion.
UNIVERSITY AVENUE 50/OLD TOWN MODIFICATIONS/RESOLUTION 1999-51
(13.09)
Motion by Mr. Blanton, seconded by Mr. Attaway, that Council adopt
Resolution 1999-51 entitled, RESOLUTION OF THE TOWN OF LOS GATOS
GRANTING IN PART AN APPEAL OF A PLANNING COMMISSION
DECISION TO APPROVE MODIFICATION TO ARCHITECTURAL AND SITE
APPROVAL OF THE WEST ELEVATION OF A COMMERCIAL BUILDING
ZONED C-2:PD:LHP, removing Item 2 on Page 3 to be reconsidered May 17,
1999, and renumbering Item 3 to be now Item 2. Carried unanimously.
Council Consensus that Item 31 in Exhibit A of Resolution 1999-51 will be
included in the conditions: The color of Building E will be reviewed nine months
after final occupancy and the owner may or may not be required to repaint the
building after the project has been reviewed as a totally completed project by
Council.
TOWN COUNCIL MEETING SCHEDULE (19.10)
Council Consensus to amend Town Council Meeting Schedule for Fiscal Year
1998-1999 scheduling a study session on May 10, 1999, at 6:00 P.M., to discuss
design of parking lot options.
NATIONAL GUARD ARMORY/SHELTER PROGRAM/TIME EXTENSION (20.19)
Council Consensus to approve letter to Governor Davis requesting extension of
the National Guard Armory Shelter Program.
COUNCIL COMMITTEE REPORTS
Mrs. Lubeck reported on the quarterly meeting of the Water Commission, which
is an advisory commission to the Water District, and spoke of the letter sent
jointly by the local municipalities to CALFED expressing their opinions regarding
water quality, water supply, and the eco system in a balanced program. She
asked staff to review the letter and to have it brought before Council for approval.
Mr. Pirzynski representing the Mayor at an event at Eastfield-Ming Quong's
Campbell Campus in a symposium on emergency preparedness. He will be
speaking after Jim Cunneen and along with other community presenters and
various agencies.
Mr. Hutchins reported that due to the Humane Society's cut back in services it
will now cost the various municipalities about the same as it costs now but the up
front costs for a new regional site and facility will cost a minimum of fourteen
million dollars.
Mr. Attaway spoke on the Bay Area Air Quality District, and the need to
encourage the use of alternative fueled vehicles. There is $6 million set aside for
alternative fueled vehicles that no one has applied for yet. He asked that staff
consider its options and look for viable alternatives whereby Los Gatos could
apply for some of these funds.
ADJOURNMENT
Mayor Hutchins adjourned this evening's meeting at 10:07 P.M.
ATTEST:
Marian V. Cosgrove
Town Clerk