M 11-01-99TOWN OF LOS GATOS
CALIFORNIA
TOWN COUNCIL/PARKING AUTHORITY
JOINT REDEVELOPMENT AGENCY
November 1, 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, November 1, 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
Mayor Hutchins announced that Closed Session was not held this evening.
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. Blanton, that Council accept the
report concerning County Referrals:
NUMBER LOCATION APPLICANT REQUEST
RECOMMENDATION
6350 Shannon Road Anderson Time Extension Approval/3
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/OCTOBER 1999 (04.V)
Motion by Mr. Pirzynski, seconded by Mr. Blanton, that Council ratify the
check registers for the payroll of October 3 through October 16, 1999 paid on
October 22, 1999 in the amount of $381,890.29. Carried unanimously.
ACCOUNTS PAYABLE/RATIFICATION/OCTOBER 1999 (05.V)
Motion by Mr. Pirzynski, seconded by Mr. Blanton, that Council ratify the
accompanying check registers for accounts payable invoices paid on October 15,
and October 22, 1999, in the amount of $410,228.53. Carried unanimously.
TRAFFIC SIGNAL/KNOWLES & CAPRI/PROJECT 9916/RESOLUTION 1999-159
(08.35)
Motion by Mr. Pirzynski, seconded by Mr. Blanton, that Council adopt
Resolution 1999-159 entitled, RESOLUTION OF THE TOWN OF LOS GATOS
ACCEPTING WORK OF ROSENDIN ELECTRIC INC. - PROJECT 9916 -
SIGNAL AT KNOWLES AND CAPRI AND AUTHORIZING THE TOWN
MANAGER TO EXECUTE CERTIFICATE OF ACCEPTANCE AND NOTICE OF
COMPLETION FOR RECORDING BY TOWN CLERK. Carried unanimously.
BLOSSOM HILL MANOR #8/ANNEXATION/RESOLUTION 1999-160 (09.14)
Motion by Mr. Pirzynski, seconded by Mr. Blanton, that Council adopt
Resolution 1999-160 entitled, RESOLUTION OF THE TOWN OF LOS GATOS
MAKING FINDINGS ON THE VALUE OF WRITTEN PROTESTS FILED AND
NOT WITHDRAWN IN CERTAIN INHABITED TERRITORY DESIGNATED AS
BLOSSOM HILL MANOR #8 AND APPROVING ITS ANNEXATION TO THE
TOWN OF LOS GATOS, SUBJECT TO CONFIRMATION OF THE VOTERS AT
THE MARCH 7, 1999 PRIMARY ELECTION. Carried unanimously.
BLOSSOM HILL MANOR #7/ANNEXATION/RESOLUTION 1999-161 (10.14)
Motion by Mr. Pirzynski, seconded by Mr. Blanton, that Council adopt
Resolution 1999-161 entitled, RESOLUTION OF THE TOWN OF LOS GATOS
MAKING FINDINGS ON THE VALUE OF WRITTEN PROTESTS FILED AND
NOT WITHDRAWN IN CERTAIN INHABITED TERRITORY DESIGNATED AS
BLOSSOM HILL MANOR #7 AND APPROVING ITS ANNEXATION TO THE
TOWN OF LOS GATOS, SUBJECT TO CONFIRMATION OF THE VOTERS AT
THE MARCH 7, 1999 PRIMARY ELECTION. Carried unanimously.
CAMINO DEL CERRO #10/ANNEXATION/RESOLUTION 1999-162 (11.14)
Motion by Mr. Pirzynski, seconded by Mr. Blanton, that Council adopt
Resolution 1999-162 entitled, RESOLUTION OF THE TOWN OF LOS GATOS
MAKING FINDINGS ON THE VALUE OF WRITTEN PROTESTS FILED AND
NOT WITHDRAWN IN CERTAIN INHABITED TERRITORY DESIGNATED AS
CAMINO DEL CERRO #10 AND APPROVING ITS ANNEXATION TO THE
TOWN OF LOS GATOS, SUBJECT TO CONFIRMATION OF THE VOTERS AT
THE MARCH 7, 1999 PRIMARY ELECTION. Carried unanimously.
PEACOCK LANE #2/ANNEXATION/RESOLUTION 1999-163 (12.14)
Motion by Mr. Pirzynski, seconded by Mr. Blanton, that Council adopt
Resolution 1999-163 entitled, RESOLUTION OF THE TOWN OF LOS GATOS
MAKING A FINDING ON THE VALUE OF WRITTEN PROTESTS FILED AND
NOT WITHDRAWN AND TERMINATING THE ANNEXATION OF CERTAIN
INHABITED TERRITORY DESIGNATED AS PEACOCK LANE #2 TO THE
TOWN OF LOS GATOS. Carried unanimously.
SHANNON ROAD #20/ANNEXATION/RESOLUTION 1999-164 (13.14)
Motion by Mr. Pirzynski, seconded by Mr. Blanton, that Council adopt
Resolution 1999-164 entitled,RESOLUTION OF THE TOWN OF LOS GATOS
MAKING A FINDING ON THE VALUE OF WRITTEN PROTESTS FILED AND
NOT WITHDRAWN AND TERMINATING THE ANNEXATION OF CERTAIN
INHABITED TERRITORY DESIGNATED AS SHANNON ROAD #20 TO THE
TOWN OF LOS GATOS. Carried unanimously.
MARCHMONT DRIVE #1/ANNEXATION/RESOLUTION 1999-165 (14.14)
Motion by Mr. Pirzynski, seconded by Mr. Blanton, that Council adopt
Resolution 1999-165 entitled,RESOLUTION OF THE TOWN OF LOS GATOS
MAKING FINDINGS ON THE VALUE OF WRITTEN PROTESTS FILED AND
NOT WITHDRAWN IN CERTAIN INHABITED TERRITORY DESIGNATED AS
MARCHMONT DRIVE #1 AND APPROVING ITS ANNEXATION TO THE
TOWN OF LOS GATOS, SUBJECT TO CONFIRMATION OF THE VOTERS AT
THE MARCH 7, 1999 PRIMARY ELECTION. Carried unanimously.
ROBIE LANE #3/ANNEXATION/RESOLUTION 1999-166 (15.14)
Motion by Mr. Pirzynski, seconded by Mr. Blanton, that Council adopt
Resolution 1999-166 entitled, RESOLUTION OF THE TOWN OF LOS GATOS
MAKING FINDINGS ON THE VALUE OF WRITTEN PROTESTS FILED AND
NOT WITHDRAWN IN CERTAIN INHABITED TERRITORY DESIGNATED AS
ROBIE LANE #3 AND APPROVING ITS ANNEXATION TO THE TOWN OF
LOS GATOS, SUBJECT TO CONFIRMATION OF THE VOTERS AT THE
MARCH 7, 1999 PRIMARY ELECTION. Carried unanimously.
BOARDS AND COMMISSIONS/PUBLIC MEETINGS CONDUCT/RESOLUTION
1999-167 (16.20)
Motion by Mr. Pirzynski, seconded by Mr. Blanton, that Council adopt
Resolution 1999-167 entitled, RESOLUTION OF THE TOWN OF LOS GATOS
DELEGATING TO THE MAYOR OR DESIGNEE THE AUTHORITY TO
COUNSEL MEMBERS OF SUBORDINATE BOARDS AND COMMISSIONS
REGARDING PROPER CONDUCT IN PUBLIC MEETINGS. Carried
unanimously.
HAZARDOUS VEGETATION ABATEMENT (WEEDS)/RESOLUTION 1999-168
(17.28)
Motion by Mr. Pirzynski, seconded by Mr. Blanton, that Council adopt
Resolution 1999-168 entitled, RESOLUTION OF THE TOWN OF LOS GATOS
DECLARING HAZARDOUS VEGETATION (WEEDS) A PUBLIC NUISANCE
AND PROVIDING FOR THEIR ABATEMENT. Carried unanimously.
COLLEGE AVENUE 65/HILLSIDE RESIDENCE/RESOLUTION 1999-169 (18.09)
Motion by Mr. Pirzynski, seconded by Mr. Blanton, that Council adopt
Resolution 1999-169 entitled, RESOLUTION OF THE TOWN OF LOS GATOS
DENYING AN APPEAL OF A DECISION FROM THE PLANNING
COMMISSION DENYING AN ARCHITECTURE AND SITE APPLICATION TO
CONSTRUCT A NEW SINGLE FAMILY RESIDENCE ON A
NONCONFORMING PARCEL ZONED R-1D. Carried unanimously.
VERBAL COMMUNICATION
Friends of the Library:
Rita Baum, 135 El Pinar, President of the Friends of Los Gatos Public Library
and member of the Library Board, spoke of the Library's needs to be able to offer
sufficient service to the community. She asked Council to consider the possibility
of the State acquiring 350 million in bonds for public libraries next year which
would allow our community to contribute 35% and the state the other 65% for a
new library facility in Los Gatos. Council thanked Ms Baum for her presentation.
HEARINGS
LA RINCONADA #6/ANNEXATION/HEARING (19.14)
Mayor Hutchins stated that this was the time and place duly noted for public
hearing to consider protests concerning the reorganization of inhabited territory
to the Town of Los Gatos know as La Rinconada #6.
Lee Bowman, Planning Consultant, explained that 63% of the registered voters
had protested and the annexation procedures will be terminated.
HEARINGS CONTINUED
LA RINCONADA #6/ANNEXATION/CONT.
Orry Korb, Town Attorney, announced that all protests against the annexation of
La Rinconada #6 must be filed with the Town Clerk for acceptance, before the
close of this hearing.
Motion by Mr. Blanton, seconded by Mr. Attaway, to close the public hearing.
Carried unanimously.
Motion by Mr. Attaway, seconded by Mr. Blanton, 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.
LOS GATOS-SARATOGA ROAD 275/CHEVRON/APPEAL (20.09)
Mayor Hutchins stated that this was the time and place duly noted for public
hearing to consider an appeal of the Planning Commission's decision denying an
Architecture and Site approval and a Conditional Use Permit to demolish a
service station and construct a 24 hour convenience mart with gas station and a
Variance application to project into the requires setbacks on property zoned C-2.
Project Application PRJ-99-034. Variance Application V-99-002. Negative
Declaration ND-99-004. Property Location: 275 Los Gatos- Saratoga Road.
Property Owner: Eugene and Dorothy Mulvany. Applicant: Timothy Bowen, RHL
Design Group, Inc. (Chevron).
The following people from the audience spoke to this issue:
Hank Travelini, 6001 Bollinger Canyon Road, San Ramon, representing
Chevron, explained the history of the application and the work that has been
done addressing issues with the neighborhood. He noted that the service to be
offered will reduce traffic trips throughout Los Gatos by offering more than one
service at this location.
Kathy Hewitt, 245 Alexander Ave, homeowner in Almond Grove opposed the
proposal, and submitted a hand out for the meeting.
Tim Fondirmer, 302 Almendra Ave, opposed the proposal.
Peter Horan, 54 Ellenwood Ave, also speaking for Bill and Sally Ragen at 209
Belmont, opposed the proposal.
Bob Tack, 329 Bachman, opposed the proposal.
William Kaschub, 320 Massol Ave, opposed the proposal.
Carol Sara Brahamm 151 Hernandez Ave, opposed the proposal.
Paul Bantista, 310 Almendra Ave, opposed the proposal.
Pete Siemens, 69 Ellenwood Ave, opposed the proposal.
Lynn Bartz, 314 Almendra Ave, opposed the proposal.
William Slattery, 314 Almendra Ave, opposed the proposal.
Tedi Uhromcgih, 50 Ellenwood Ave, opposed the proposal.
Hank Travelini, answered questions raised in discussion and summarized his
presentation.
No one else from the audience addressed this issue.
Motion by Mr. Attaway, seconded by Mr. Pirzynski, to close the public
hearing. Carried unanimously.
HEARINGS CONTINUED
LOS GATOS-SARATOGA ROAD 275/CHEVRON/CONT.
Motion by Mr. Pirzynski, seconded by Mr. Blanton, to uphold the Planning
Commission and deny the appeal. Carried unanimously.
Mr. Attaway noted for the record that he has consistently held to the belief that
service stations throughout the town should not be changed into convenience
stores thereby losing the character and charm of Los Gatos.
Mayor Hutchins asked staff about the problems at this intersection between
Massol and Highway 9 and asked if Chevron could work with CalTrans on
engineering a safer intersection at this location.
LOMA STREET 16761/RESIDENTIAL WORKSHOP/FAR REQUIREMENTS/APPEAL
(21.09)
Mayor Hutchins stated that this was the time and place duly noted for public
hearing to consider and appeal of the Planning Commission's decision denying
an Architecture and Site Application to exceed the allowed FAR by permitting an
existing detached structure (workshop/studio) to remain on property zoned R-1:8.
Project Application PRJ-99-83. Property Location: 16761 Loma Street. Property
Owner: Liz Silva. Applicant: Pat and Kim Dallas.
The following people from the audience spoke to this issue:
Brad Tomy, 46 Pleasant Street, representing the home owner, gave an
overview of the project and why the FAR is compatible with the surrounding
neighborhood.
Liz Silva, 149 Monte Villa Crt, Campbell, asked that the project be approved.
No one else from the audience addressed this issue.
Motion by Mr. Pirzynski, seconded by Mr. Attaway, to close the public
hearing. Carried unanimously.
Motion by Mr. Blanton, seconded by Mr. Hutchins, to grant the appeal,
overturn the Planning Commission decision as this is a policy over which the
Commission does not have discretion to modify but which the Council does; and
approve this project with the assurance that a deed restriction will be filed on the
property stipulating that this building will not be turned into a rental unit.
UNIVERSITY AVENUE 229/RESIDENTIAL SECOND STORY/SETBACKS/APPEAL
(22.09)
Mayor Hutchins 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 Minor Residential Development application to construct a second story
addition and Minor Architecture and Site application to project into the required
setbacks on a nonconforming lot zoned R-1D LHP. PRJ-98-107. Property
Location: 229 University Avenue. Property Owner/Applicant/Appellant: Gregory
Ryan Cronin.
HEARINGS CONTINUED
UNIVERSITY AVENUE 229/RESIDENTIAL SECOND STORY/CONT.
The following people from the audience spoke to this issue:
Ryan Cronin, 229 University Ave, spoke of his plans for a small addition to a
small home.
Leslie Dill, 110-C n. Santa Cruz Ave, spoke of the nature and history of
demolitions in historic districts.
No one else from the audience addressed this issue.
Council Consensus to continue this public hearing to November 22, 1999 at
which time Council can review a report on the upcoming changes to the
demolition ordinance and formulate a decision based on what may be a new
demolition policy.
LA RINCONADA #6/ANNEXATION/RESOLUTION 1999-170 (23.14)
Speaker to the issue:
Brent Ventura, Clara Street, spoke in favor of annexation to the Town and
asked what other options were available to himself and immediate neighbors who
would like to annex. He was advised to discuss his options with staff.
Motion by Mrs. Lubeck, seconded by Mr. Blanton, that Council adopt
Resolution 1999-170 entitled, RESOLUTION OF THE TOWN OF LOS GATOS
MAKING A FINDING ON THE VALUE OF WRITTEN PROTESTS FILED AND
NOT WITHDRAWN AND TERMINATING THE ANNEXATION OF CERTAIN
INHABITED TERRITORY DESIGNATED AS LA RINCONADA #6 TO THE
TOWN OF LOS GATOS. Carried unanimously.
CONSOLIDATED ANNEXATION WITH PRIMARY ELECTION/RESOLUTION 1999-
171 (24.04)
Motion by Mrs. Lubeck, seconded by Mr. Blanton, that Council adopt
Resolution 1999-171 entitled, RESOLUTION OF THE TOWN OF LOS GATOS
ORDERING AND CALLING FOR THE ANNEXATION CONFIRMATION
ELECTIONS TO BE HELD ON MARCH 7, 2000; REQUESTING SANTA
CLARA COUNTY BOARD OF SUPERVISORS TO AUTHORIZE REGISTRAR OF
VOTERS TO PROVIDE ELECTION SERVICES FOR MARCH 7, 2000 PRIMARY
ELECTION; REQUESTING CONSOLIDATION OF ELECTIONS AND
SPECIFYING CERTAIN PROCEDURES OF THE CONSOLIDATED ELECTION;
AND PROVIDING FOR GIVING NOTICE OF ELECTION FOR THE PURPOSE
OF ANNEXATION OF THE AREAS KNOWN AS BLOSSOM HILL MANOR #8,
BLOSSOM HILL MANOR #7, CAMINO DEL CERRO #10, ROBIE LANE #3
AND MARCHMONT DRIVE #1 TO THE TOWN OF LOS GATOS. Carried
unanimously.
DOWNTOWN PARKING IMPROVEMENT PLAN (25.40)
A) Council Consensus to authorize use of Town logo by Chamber of
Commerce on holiday parking map.
B) Council Consensus to accept and file report from Chamber of Commerce.
C) Consider providing downtown employee shuttle services during the holidays.
DOWNTOWN PARKING IMPROVEMENT PLAN/SHUTTLE SERVICE (25.40)
Continued Item:
C) Consider providing downtown employee shuttle services during the holidays.
Mr. Attaway asked that clear measures be taken to keep detailed records of the
valet parking and shuttle service this year so as to have facts to evaluate the
need and prudence of the Town assisting with these services at another time if it
is a reasonable program and there is a concrete need validated in the future. He
also pointed out that this program at this time is a partnership and the Town and
the business community are each carrying half of the burden.
The following people from the audience spoke to this issue:
Lawrence Maki, 31 University Ave, general manager of Steamer's Restaurant,
spoke of the problems downtown employees have been having finding sufficient
and safe parking. Spoke of the safety concerns with the Miles Ave. parking for
employees with late evening hours.
Mercedes Dickensen, 21523 Helen Way, employee at Chico Fashions at Old
Town, noted the difficulty in moving vehicles in the limited parking spaces when
clients have to be served at the same time your car needs to be moved. She
would like to see more input from the retailers regarding the parking policies.
Jamie Dias DeLaquesta, employee Sur La Table, noted her $25 parking ticket
received because she was not able to leave her customer during the time she
needed to move her car. She noted that it is getting dark at 5 o'clock now and
the shuttle should begin before 7 at night.
Tim Flynn, 5093 Tiberan, works at the California Cafe, is in favor of the shuttle
service and would like to see the hours of operation extended to the times that
the employees would most need and use the service.
Diane McNutt, 27 Jackson Street, representing the Chamber of Commerce,
spoke of the directional map for identifying employee parking in the downtown
areas. The Chamber will be distributing them this week. She noted that the
employee limousine service will be attractive to those who use it, and will offer
some flexibility as the needs and use demand.
Scott Judd, 496 S. 15th St, San Jose, California Cafe, noted that 40 employees
would be getting off at the same time at his restaurant, and one shuttle would not
be able to accommodate them if they expected to be picked up all at the same
time.
Heather Hewitt, 135 Riviers Drive, Timbuktu Station, Old Town, asked if
thought had been taken of older employees that might have trouble walking to
and along Miles Ave.
Marianne Henneman, 738 Jorn Crt, San Jose, Chico Fashions, noted that the
walk took her 20 minutes.
Ginger Rowe, 108 N. Santa Cruz, Time Out Clothing, spoke of the monetary
award she gives to her employees for parking in employee parking areas.
Lynn Bartz, 314 Almendra Ave, opposed the proposal.
Kerry Yepiz, 26 Dittos Lane, Sur La Table, asked for cooperation among
employees in utilizing employee parking areas.
Logan D'Arcey, 23 University Ave, Sur La Table, spoke of safety issues in
regards to parking downtown and the possibility of parking on Miles.
No one else from the audience addressed this issue.
Council Consensus, to provide downtown employee shuttle services during the
holidays and that staff will return to Council December 6, 1999 with a report on
the success of the program and budget requirements for its continuance
throughout the holiday season.
CLEANING OF DOWNTOWN SIDEWALKS (26.28)
Motion by Mrs. Lubeck, seconded by Mr. Pirzynski, to provide mechanical
cleaning of downtown sidewalks before the holiday season to supplement the
"Sunrise Sidewalk Sweep" scheduled for November 6, 1999.
Council Consensus to have staff report on the potential for long term downtown
maintenance schedule to address sidewalks, trash receptacles, benches, and
graffiti.
BLOSSOM HILL ROAD AND UNION AVENUE INTERSECTION (27.40)
Council accepted report on the right turn red light northbound on Union from
westbound Blossom Hill which changed the timing light slightly to allow people to
leave their driveway and not keep others sitting in the right hand turn forever.
Report filed.
MINUTES OF NOVEMBER 1, 1999 (06.V)
Council Consensus to approve the Minutes of November 1, 1999 with
amendment to page 4 under Council Comment. Mrs. Lubeck asked that her
points concerning this item be added for the record as follows: "Mrs. Lubeck
stated for the record that this should be a two step process, and that the traffic
concerns should be mitigated to the neighbors' satisfaction before the school
issues are considered." Under the motion to continue on page 5: "Mrs. Lubeck
stated for the record that the public hearing was still open for discussion and
decision on all aspects of the proposal."
TRAFFIC CALMING/TRAFFIC STUDY/LIVE OAK MANOR (07.40)
Council Consensus to accept and file report on traffic calming issues/traffic
study for Live Oak Manor neighborhood which spoke of painting the street ad not
putting up a stop sign yet. Council would like staff to monitor this traffic calming
action and send communication to Ms Daspars.
ADJOURNMENT
Mayor Hutchins adjourned this evening's meeting at 10:35 p.m.
ATTEST:
Marian V. Cosgrove
Town Clerk