M 02-22-00TOWN OF LOS GATOS
CALIFORNIA
TOWN COUNCIL/PARKING AUTHORITY
JOINT REDEVELOPMENT AGENCY
February 22, 2000/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.,
Tuesday, February 22, 2000, in joint regular session.
ROLL CALL
Present:Jan Hutchins , Linda Lubeck, Joe Pirzynski,
and Mayor/Chairman Steve Blanton.
Absent:Randy Attaway
PLEDGE OF ALLEGIANCE
Given by all in attendance.
CLOSED SESSION
Town Attorney, Orry Korb, reported that Council had met in Closed Session prior to this
evening’s meeting pursuant to Government Code Section 54957.6 to discuss Labor
Negotiations. Lead Town Negotiator: James Piper, Assistant Town Manager/Personnel
Officer regarding Employee Organization: Town Employees’ Association (TEA).
Council gave direction. There was no reportable action taken.
PRESENTATIONS
Mayor Blanton presented a Commendation from the Town to Scott Baker for his eleven
years of service with the Town as the Public Works Director. Mr. Baker was present to
receive his commendation and thanked the Town for the opportunity to have served.
Mayor Blanton presented a Commendation from the Town to Jack Neal for his years of
service to the Town as Community Services Commissioner. Mr. Neal was present to
receive his commendation and thanked the Town for the opportunity to have served.
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 Mrs. Lubeck, that Council accept the report
concerning County Referrals:
NUMBER LOCATION APPLICATION REQUEST
RECOMMENDATION
7649 16450 Shannon Road Sanders Building Site Approval Approval/No
Conditions
Carried by a vote of 4 ayes. Mr. Attaway absent.
PLANNING COMMISSION/PLANNING DEPARTMENT MONTHLY STATUS REPORT
(03.46)
Informational report regarding activity of Planning Commission and Department was
received and filed.
RATIFICATION OF PAYROLL/JANUARY-FEBRUARY 2000 (04.V)
Motion by Mr. Pirzynski, seconded by Mrs. Lubeck, that Council ratify the check
registers for the payrolls of January 9,2000 through January 22, 2000, paid on January
28, 2000, and January 23, 2000 through February 5, 2000, paid on February 11, 2000, in
the amount of $756,155.66. Carried by a vote of 4 ayes. Mr. Attaway absent.
ACCOUNTS PAYABLE/RATIFICATION/JANUARY-FEBRUARY 2000 (05.V)
Motion by Mr. Pirzynski, seconded by Mrs. Lubeck, that Council ratify the
accompanying check registers for accounts payable invoices paid on January 28, 2000,
February 4, 2000 and February 11, 2000 in the amount of $511,917.19. Carried by a vote
of 4 ayes. Mr. Attaway absent.
MINUTES OF JANUARY 31, 2000 (06A.V)
Motion by Mr. Pirzynski, seconded by Mrs. Lubeck, that Council approve the Minutes
of January 31, 2000 Town Council/Redevelopment Agency Meeting as submitted.
Carried by a vote of 4 ayes. Mr. Attaway absent.
MINUTES OF FEBRUARY 7, 2000 (06B.V)
Motion by Mr. Pirzynski, seconded by Mrs. Lubeck, that the Agency approve the
Minutes of February 7, 2000 as submitted. Carried by a vote of 4 ayes. Mr. Attaway
absent.
LIBRARY PLANNING PROCESS (07.44)
Motion by Mr. Pirzynski, seconded by Mrs. Lubeck, that Council accept and file new
library planning process. Carried by a vote of 4 ayes. Mr. Attaway absent.
COMMENDATION/KATHY MORGAN/PLANNING COMMISSION/RESOLU 2000-12
(08.20)
Motion by Mr. Pirzynski, seconded by Mrs. Lubeck, that Council adopt Resolution
2000-12 entitled, RESOLUTION OF THE TOWN OF LOS GATOS
COMMENDING KATHRYN MORGAN FOR HER SERVICE TO THE TOWN AS
A MEMBER OF THE PLANNING COMMISSION. Carried by a vote of 4 ayes.
Mr. Attaway absent.
METROPOLITAN TRANSPORTATION COMMISSION/LOS GATOS CREEK TRAIL
(09.28)
TRANSPORTATION DEVELOPMENT ACT FUNDING/RESOLUTION 2000-13
Motion by Mr. Pirzynski, seconded by Mrs. Lubeck, that Council adopt Resolution
2000-13 entitled, RESOLUTION OF THE TOWN OF LOS GATOS
AUTHORIZING THE TOWN MANAGER TO EXECUTE AND FILE AN
APPLICATION WITH THE METROPOLITAN TRANSPORTATION
COMMISSION FOR ALLOCATION OF TRANSPORTATION DEVELOPMENT
ACT, ARTICLE 3 FUNDING FOR LOS GATOS CREEK TRAIL SAFETY
UPGRADES FOR FISCAL YEAR 2000/2001. Carried by a vote of 4 ayes. Mr.
Attaway absent.
RIGHT -OF-WAY CERTIFICATIONS/STATE AND FEDERAL FUNDS/RESOLU 2000-14
(10.28)
Motion by Mr. Pirzynski, seconded by Mrs. Lubeck, that Council adopt Resolution
2000-14 entitled, RESOLUTION OF THE TOWN OF LOS GATOS
AUTHORIZING THE TOWN MANAGER TO SIGN RIGHT-OF-WAY
CERTIFICATIONS IN CONNECTION WITH STATE AND FEDERALLY
FUNDED ROAD PROJECTS. Carried by a vote of 4 ayes. Mr. Attaway absent.
ANNEXATION/SKY LANE 14725/SKY LANE #3/RESOLUTION 2000-15 (11.14)
Motion by Mr. Pirzynski, seconded by Mrs. Lubeck, that Council adopt Resolution
2000-15 entitled, RESOLUTION OF THE TOWN OF LOS GATOS ORDERING
THE REORGANIZATION OF CERTAIN UNINHABITED TERRITORY
DESIGNATED AS SKY LANE #3 TO THE TOWN OF LOS GATOS. Carried by
a vote of 4 ayes. Mr. Attaway absent.
POLLARD ROAD LANDSCAPING/PROJECT 9936/RESOLUTION 2000-16 (12.35)
Motion by Mr. Pirzynski, seconded by Mrs. Lubeck, that Council adopt Resolution
2000-16 entitled, RESOLUTION OF THE TOWN OF LOS GATOS ACCEPTING
WORK OF DIABLO LANDSCAPING, INC. - PROJECT 9936 - POLLARD
ROAD LANDSCAPING - AND AUTHORIZING THE TOWN MANAGER TO
EXECUTE CERTIFICATE OF ACCEPTANCE AND NOTICE OF COMPLETION
FOR RECORDING BY TOWN CLERK. Carried by a vote of 4 ayes. Mr. Attaway
absent.
AUDITING SERVICES FY 1999-2000 AND 2000-2001/MAZE & ASSOC./RESOLU 2000-
17 (13.28)
Motion by Mr. Pirzynski, seconded by Mrs. Lubeck, that Council adopt Resolution
2000-17 entitled, RESOLUTION OF THE TOWN OF LOS GATOS
AUTHORIZING THE TOWN MANAGER TO EXECUTE AN EXTENDED
CONTRACT WITH MAZE & ASSOCIATES TO PROVIDE AUDITING
SERVICES FOR FISCAL YEARS 1999-2000 AND 2000-2001. Carried by a
vote of 4 ayes. Mr. Attaway absent.
DOWNTOWN BEAUTIFICATION PLAN (14.44)
Motion by Mr. Pirzynski, seconded by Mrs. Lubeck, that Council approve the redesign
concept for Santa Cruz Avenue and Bachman Avenue Intersection. Carried by a vote of
4 ayes. Mr. Attaway absent.
MINUTES OF JANUARY 18, 2000 (15A.V)
Motion by Mr. Pirzynski, seconded by Mrs. Lubeck, that Council approve the Joint
Council/Agency Minutes of January 18, 2000 as submitted. Carried by a vote of 4 ayes.
Mr. Attaway absent.
MINUTES OF JANUARY 31, 2000 (15B.V)
Motion by Mr. Pirzynski, seconded by Mrs. Lubeck, that Council approve the Joint
Council/Agency Study Session Minutes of January 31, 2000 as submitted. Carried by a
vote of 4 ayes. Mr. Attaway absent.
HEARINGS
MOBILE HOME PARK CONVERSION/WOODLAND AVENUE 484/HEARING
(16.09)
Mayor Blanton 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. Development Application DEV-97-007.
Applicant: Green Valley Corporation. Property Owner: Malcolm and Margaret
McNelly.
(Continued on next page)
HEARINGS CONTINUED
MOBILE HOME PARK CONVERSION/WOODLAND AVENUE 484/CONTINUED
(18.09)
Speakers for this item:
The following people from the audience addressed this issue:
Jim Grant, 14685 Oka Road, asked Council for fairness in setting the value on
the coaches and in setting relocation compensation, especially in value per
square foot. He asked that zoning for Mobile Home Park always remain as such.
Doug McNelly, 5476 San Felipe Road, San Jose, spoke of the mediation
meetings and asked that all participants be treated fairly, landowners, coach
owners and renters..
Lorraine Hoge, 14685 Oka Road #58, asked that their park be considered also.
That both parks in Los Gatos have similar programs if closure is to be
considered.
Jack Cole, 14685 Oka Road #53, asked for consideration of the residents of the
park.
Gerry Mirassou, 607 Galen Drive, asked that the owners of the Mobile Home
Parks also be considered fairly in the negotiations and deliberations.
Mike Abkin, 102 El Olivar, asked that the Mobile Home Parks remain zoned for
that use.
Dave Daily, Bonnie View Park resident, asked for fair consideration.
Martha Hoffman, 484 Woodland Avenue #72, asked for fair market value for
her home.
Michelle, 14680 Oka Road #34, Bonnie View Park, spoke of her home and
desire to remain in this location and hopes Council will consider the residents’
concerns in their deliberations.
Bill Krause, 484 Woodland Avenue #17, gave information concerning arbitration
and asked how this arbitration would protect the home owners. Submitted
materials for the record.
Thomas Furr, 484 Woodland Avenue #14, asked for fair consideration as this
process moves forward.
Dale Wilkingson, 484 Woodland #9, asked for fair market value in the process
of this park closure.
Carl Turner, 484 Woodland Avenue #15, supported fair market value with this
closure.
Mel Beckter, 484 Woodland Avenue #34, submitted materials for the record
concerning fair market value of the coaches.
Doug McNelly, 5476 San Felipe Road, gave a summary of his thoughts and
reaffirmed his desire to close the park.
No one else from the audience addressed the issue.
Motion by Mrs. Lubeck, seconded by Mr. Hutchins, to close the Public Hearing
and move the decision making to March 6, 2000, so that Council would have the
opportunity to review all of the submittals that were received tonight. Carried by
a vote of 4 ayes. Mr. Attaway absent.
CHESTER 49/SECOND STORY ADDITION/APPEAL (17.09)
Mayor Blanton stated that this was the time and place duly noted for public hearing to
consider an appeal of the decision of the Planning Commission denying a Architecture
and Site Application to add a second story addition and to exceed the allowable Floor
Area Ratio on property zoned R-1D. Architecture and Site Application S-99-17.
Property Location: 49 Chester Street. Property Owner/Applicant/Appellant: Sandra
Foster.
The following person from the audience spoke to this issue:
Julia Akita, 494 Wraight, asked that Council consider the approval of the neighbors and
allow the upgrade of this neighborhood.
No one else from the audience addressed this issue.
HEARINGS CONTINUED
CHESTER 49/SECOND STORY ADDITION/APPEAL/CONT.
Motion by Mr. Pirzynski, seconded by Mr. Hutchins, to continue this item to March 6,
2000 at the request of the applicant. Carried by a vote of 4 ayes. Mr. Attaway
absent.
CHESTER STREET 41/RESIDENTIAL REMODEL/APPEAL (18.09)
Mayor Blanton stated that this was the time and place duly noted for public
hearing to consider an appeal of the decision of the Planning Commission denying the
request to add a second story addition on property zoned R-1D. Minor Residential
Development Application MR-99-14. Property Location: 41 Chester Street. Property
Owner/Appellant: Daryl Monk. Applicant: E. Gary Schloh, AIA.
The following people from the audience addressed this issue:
Daryl Monk, 41 Chester, explained about his small house and requested the approval for
his second story on this small lot. He felt that the design complimented the
neighborhood and the large mature trees softened the effect.
Gary Schloh, 213 Bean Avenue, architect for the project noted that this plan would blend
well with the existing neighborhood. He spoke of a neighborhood in transition and the
need to address the changes with care and concern.
Bert Millen, 301 S. Santa Cruz, spoke of other upgrades in Los Gatos and how nice the
neighborhoods were looking.
Julia Akita, 494 Wraight, supported the project and liked the design.
Jeff Lamb, 58 Chester, spoke of consistency in approving building permits and not being
arbitrary in approving or denying an application. Spoke of fairly enforced rules.
Bruce Kabral, 491 Woodland, supports the project. Spoke of hiring good architects and
requiring good design for the neighborhood.
Kavin Crane, 54 Chester, the very small homes in this neighborhood are too small and
the owners need the ability to be able to expand some way. A modest second story seems
most appropriate. Asked for consistent guidelines.
Katrina Kabral, 491 Woodland Avenue, supported the proposal. Asked for second
stories in this neighborhood so that a yard would be left for children to play in.
No one else from the audience address the issue.
Motion by Mr. Hutchins, seconded by Mr. Pirzynski, to close the public hearing.
Carried by a vote of 4 ayes. Mr. Attaway absent.
Motion by Mr. Hutchins, seconded by Mr. Blanton, to overturn the Planning
Commission’s decision due to error and to grant the appeal, finding that this home is
compatible to its neighborhood and is of good design; that it is a modest home with a
modest remodel and is in keeping with the evolving neighborhood; and that Council has
an opportunity to allow this neighborhood to evolve and progress with thoughtful design
and planning. The application will be remanded to Planning Commission for a variance
for the driveway and return to Council with a resolution of decision. Carried by a vote of
3 ayes. Mr. Attaway absent. Mrs. Lubeck voted no believing that the scale and mass of
this house did not blend with the neighborhood and she believes the house should be
shorter.
DOWNTOWN PARKING IMPROVEMENT PLAN (19.40)
Council consensus to have staff return with further information on the cost of the two
lots. What are the least expensive lots the Town can afford, doing one level at grade and
two below; and one level at grade and one below and one above? Which lot can the
Town afford to build right now? Just exactly how much is the Town willing to spend and
what can be purchased for that?
Speakers from the audience:
Larry Arzie, asked for one level at grade and one level below at Lot 2.
Rex Morton, would like to leave the two levels below and one at grade.
Mr. Pirzynski asked for estimates for three levels at Lot 2. Mr. Hutchins would like some
estimates of two level lots or a level above at Lot 6. What will two garages look like
with a budget of twelve million? Where will the financing come from?
SANTA CLARA BAR ASSOCIATION/REIMBURSEMENT/RENTAL DISPUTES (20.19)
Chris Burdick of the Santa Clara Bar Association requested reimbursement for the Pent
House Arbitration Project. She described the total costs of $13,300, noted that the
company would subtract $3,300 and requested a payment of $10,000. Council noted that
the 20 cases in arbitration, at the rate of $250 a case that the Association estimated, would
only amount to $5,000.
Council Consensus for staff to investigate the numbers and facts, compose a contract,
and return to Council for approval.
COUNCIL MEETING SCHEDULE (21.10)
Council Consensus to hold the public hearing at the regularly scheduled meeting of
February 28, 2000, and continue the hearing to March 27, 2000 if necessary, at which
time the Parking Commission and staff will have an opportunity to return to Council with
a report concerning the information deliberated at the public hearing..
ADJOURNMENT
Motion by Mr. Pirzynski, seconded by Mr. Hutchins, to adjourn this evening's meeting
at 10:27 p.m. Carried by a vote of 4 ayes. Mr. Attaway absent.
ATTEST:
Marian V. Cosgrove
Town Clerk