M 10-18-99TOWN OF LOS GATOS
CALIFORNIA
TOWN COUNCIL/PARKING AUTHORITY
JOINT REDEVELOPMENT AGENCY
October 18, 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 18, 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 noted that Closed Session had not been held this evening.
COMMENDATION/ALASTAIR DALLAS/HISTORIC LOS GATOS (00.10)
Mayor Hutchins announced a Commendation from the Town of Los Gatos to
Alastair Dallas for his outstanding publication on the architecture of the Town of
Los Gatos. He announced Mr. Dallas' website as "www.losgatosobserved.com",
which is the title of the publication.
COMMENDATIONS/1999 MUSIC IN THE PLAZA/MAJOR SPONSORS (000.20)
Mayor Hutchins announced Commendations from the Town of Los Gatos to the
Major Sponsors of the 1999 Music in the Plaza Annual Program. The following
sponsors were recognized: Alain Pinel Realtors; Andale Taqueria; Bill Gould
Design; Bob Lewis Volkswagen; CB Hannegan's; Los Gatos Lending
Connection; Courtside Club; Domus Rotary Club of Los Gatos; Smythe Volvo;
Toll House Hotel; Virtual Gallery of Los Gatos; Washington Mutual; and John
Tice. Werner Baracker and Elke Groves, representing the Arts Commission,
spoke of the successful program and thanked the sponsors for their support.
SCHEDULE OF PUBLIC HEARINGS (01.01)
Informational report regarding currently scheduled public hearings was received
and filed.
PLANNING COMMISSION/PLANNING DEPARTMENT MONTHLY STATUS
REPORT (02.47)
Informational report regarding activity of Planning Commission and Department
was received and filed.
CODE COMPLIANCE/QUARTERLY REPORT (03.47)
Informational report from the Code Compliance Officer regarding abatement of
code violations was received and filed.
RATIFICATION OF PAYROLL/SEPTEMBER-OCTOBER 1999 (04.V)
Motion by Mr. Pirzynski, seconded by Mr. Attaway, that Council ratify the
check registers for the payroll of September 19 through October 2, 1999, paid on
October 8, 1999, in the amount of $372,675.89. Carried unanimously.
ACCOUNTS PAYABLE/RATIFICATION/OCTOBER 1999 (05.V)
Motion by Mr. Pirzynski, seconded by Mr. Attaway, that Council ratify the
accompanying check registers for accounts payable invoices paid on October 1,
and October 8, 1999, in the amount of $245,280.78. Carried unanimously.
MINUTES OF OCTOBER 4, 1999 (06.V)
Motion by Mr. Pirzynski, seconded by Mr. Attaway, that Council approve the
Minutes of October 4, 1999 Town Council/Redevelopment Agency Meeting with
a correction on page 8 regarding The Lyndon Cupola which should reflect that
Mr. Pirzynski had recused himself on that item. Carried unanimously.
TREASURER'S REPORT (07.V)
Informational report submitted by the Treasurer to the Council for the month
ended August 31, 1999, was received and filed.
AFFIRMING STUDENT PARKS COMMISSIONER APPOINTMENT (08.20)
Motion by Mr. Pirzynski, seconded by Mr. Attaway, that Council affirm the
Student Parks Commissioner Appointment for Michael Tuffley. Carried
unanimously.
HEATING/VENTILATION/AIR CONDITIONING EQUIPMENT/(HVAC) (10.28)
ENVIRONMENTAL SYSTEMS INC/RESOLUTION 1999-153
Motion by Mr. Pirzynski, seconded by Mr. Attaway, that Council adopt
Resolution 1999-153 entitled, RESOLUTION OF THE TOWN OF LOS GATOS
AUTHORIZING THE TOWN MANAGER TO EXECUTE AN AGREEMENT
WITH ENVIRONMENTAL SYSTEMS INC. FOR CONTRACTUAL HVAC
SERVICES, awarding them the bid as the lowest responsible bidder. Carried
unanimously.
TREE PRUNING & REMOVAL/PROJECT 0019/RESOLUTION 1999-154 (11.35)
Motion by Mr. Pirzynski, seconded by Mr. Attaway, that Council adopt
Resolution 1999-154 entitled, RESOLUTION OF THE TOWN OF LOS GATOS
APPROVING SPECIFICATIONS FOR PROJECT 0019 - TREE PRUNING AND
REMOVAL. Carried unanimously.
FINAL MAP/TRACT 9127/BLOSSOM HILL ROAD 14734/RESOLUTION 1999-155
(12.09)
Motion by Mr. Pirzynski, seconded by Mr. Attaway, that Council adopt
Resolution 1999-155 entitled, RESOLUTION OF THE TOWN OF LOS GATOS
APPROVING FINAL MAP OF TRACT 9127 - ACCEPTING THE DEDICATIONS
AND AUTHORIZING THE TOWN MANAGER TO SIGN THE CONTRACT,
noting the revised recommendation in this evening's desk item. Carried
unanimously.
WOODED VIEW DRIVE 250/RESIDENTIAL HILLSIDE/RESOLUTION 1999-156
(13.09)
Motion by Mr. Pirzynski, seconded by Mr. Attaway, that Council adopt
Resolution 1999-156 entitled, RESOLUTION OF THE TOWN OF LOS GATOS
GRANTING 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, using the revised resolution in
this evening's desk item. Carried by a vote of 4 ayes. Mr. Pirzynski voted no for
reasons stated in previous record.
TOWN MANAGER/LETTER OF AGREEMENT/RESOLUTION 1999-157 (14.10)
Motion by Mr. Pirzynski, seconded by Mr. Attaway, that Council adopt
Resolution 1999-157 entitled, RESOLUTION OF THE TOWN OF LOS GATOS
AMENDING LETTER OF AGREEMENT BETWEEN THE TOWN OF LOS
GATOS AND TOWN MANAGER AND AUTHORIZING MAYOR TO EXECUTE
AGREEMENT ON BEHALF OF THE TOWN OF LOS GATOS. Carried
unanimously.
HEARINGS
MOBILE HOME PARK CONVERSION/WOODLAND AVENUE 484/HEARING
(15.09)
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, noted that David Finch and the parties involved have
agreed to flexible scheduling and have set Saturday, October 30, 1999, at 1:30
p.m. as the next mediation meeting. This meeting will establish other meeting
times within the next two weeks and a progress report on the mediation
conferencing should be available by November 22, 1999.
Council consensus to continue this item to November 22, 1999 for a progress
report.
FERRIS AVENUE 16548/MONTESSORI SCHOOL/FAITH LUTHERAN
CHURCH/APPEAL (16.09)
Mayor Hutchins stated that this was the time and place duly noted for public
hearing to consider appeal of the Planning Commission decision denying a
request for modification to a Conditional Use Permit to operate a Montessori
Scholl in conjunction with an existing church on properties zoned R-1:8 and
prezoned R-1:8. Project Application PRJ-99-082. Property Location: 16548
Ferris Avenue. Property Owner: Faith Lutheran Church. Applicant: Mariposa
Montessori. Appellant: Joanne Varni (President Mariposa Montessori).
The following people from the audience spoke to this issue:
Joanne Varni, 16566 Topping Way, asked for a use permit and approval for the
school. She spoke of the Casa Maria and Hillbrook pre-school closures, noting
that the Hillbrook school closure reduced traffic in this same neighborhood. She
spoke of the overcrowded pre-schools in Los Gatos, and noted that the Mariposa
school would give priority registration to local neighbors and Los Gatos residents.
She listed the traffic safety issues that the school would encourage and enforce:
A mandatory car pool plan; Mariposa school stickers for the cars so neighbors
can track irresponsible drivers; Participation in a specified Town established
traffic route.
Walt Keirans, 16573 Ferris Ave, opposed the proposal due to traffic impacts.
Asked for a traffic study that could be done outside the limited boundaries of
requirements for a study which the Town has.
Mark Hawkins, 16890 Spencer Ave, opposed due to traffic and safety. He
spoke of his son being hit by a car in this neighborhood. Submitted a petition
from the neighborhood addressing the traffic concerns.
HEARINGS CONTINUED
FERRIS AVENUE 16548/MONTESSORI SCHOOL/FAITH LUTHERAN
CHURCH/CONT.
Speakers continued:
Cornelia Pendleton, 100 Andre Court, spoke of the ideal location and facility for
the Mariposa Pre-school.
Rocky Meramonte, 16905 Spencer Ave, opposed the proposal due to traffic
concerns.
Glen Shore, Council President of the Faith Lutheran Church, 245 Los Gatos
Boulevard, spoke of the community benefit of the school and the willingness of
the church to share their facilities with the children. He noted that the church
would cooperate in any way with traffic regulations and safety mitigations for both
the children and the neighborhood.
Kristen Brackett, 15785 El Gato Lane, as a member of the school she spoke of
the safety and traffic control issues the school deals with presently, and which
the school would continue to enforce in any new location. She spoke of street
closures, one way streets and making streets narrower.
John Christensen, 129 Central Ave, supported the school in this location and
asked that Council find solutions to the traffic issues.
Cindy Acker, 1178 Park Ave, Alameda, current Director of Mariposa School,
former Director of Casa Maria, past President of California Child Care
Association and Vice President of the National Child Care Association. While
serving on the Governor's Task Force for Child Care, she helped identify Santa
Clara County as one county having insufficient qualified child care to offer its
residents. She noted that between 20% and 40% of the parents in Los Gatos are
unable to get their children into a qualified pre-school which cause the children to
be placed in unlicensed facilities. She asked to speak for those under six years
old who do not have a voice and who need a safe and secure place to grow and
develop. She asked that Council help in finding a solution for the safety of the
neighborhood and the safety and protection of the children of Los Gatos.
Bev Christensen, 129 Central Ave, spoke in support of the school.
Jay Viner, 5323 Keene Drive, supported the proposal.
Vicki Wagner, 15790 Loma Vista Ave, spoke of the parents of children in the
pre-school working with the neighbors and adhering to the traffic safety policies
which the school would institute; of the school having traffic monitors on duty
during pick up and drop off times; and that staff would initiate communications
with parents regarding traffic safety and adherence to the rules.
No one else from the audience addressed this issue.
Motion by Mr. Attaway, seconded by Mr. Blanton, to close the public hearing.
Carried unanimously.
Council Comments: That Council offer services to improve the quality of life for
all its citizens which include pre-schoolers' needs and neighborhood issues. That
Council consider expending funds to mitigate or eliminate traffic safety impacts to
the neighborhood, and consider facilitating the establishment of safe & secure
care for young children in the community. That Council engage a traffic
consultant to review the neighborhood environment and propose concrete
options which can be implemented like speed bumps, street narrowing, physical
barriers and street signs, all of which are aimed at eliminating the cut through
problem.
HEARINGS CONTINUED
FERRIS AVENUE 16548/MONTESSORI SCHOOL/FAITH LUTHERAN
CHURCH/CONT.
Council Consensus: To engage consultant to study traffic safety issues in this
area; to consult with neighbors, church and school; to identify the concerned
parties' needs; and to help neighbors, church, school and Town arrive at
compatible and concrete traffic calming solutions.
Motion by Mrs. Lubeck, seconded by Mr. Attaway, to continue this item to
January 3, 1999. Carried unanimously.
PEACOCK LANE #2/ANNEXATION/HEARING (17.14)
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 Peacock Lane #2.
The following person from the audience spoke to this issue:
Paul Grams, 16426 Peacock Lane, noted that all of his neighbors had submitted
protest forms, and he asked what the outcome would be. Staff noted that the
number of protests filed was 94% of the registered voters in the territory.
No one else from the audience addressed this issue.
Town Attorney, Orry Korb, announced that all protests against the annexation of
Peacock Lane #2 must be filed with the Town Clerk for acceptance, before the
close of this hearing.
Motion by Mr. Attaway, seconded by Mr. Pirzynski, 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.
SHANNON ROAD #20/ANNEXATION/HEARING (18.14)
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 Shannon Road #20.
The following person from the audience spoke to this issue:
John Turner, 16392 Shady View, spoke in favor of annexation to the Town.
No one else from the audience addressed this issue.
Town Attorney, Orry Korb, announced that all protests against the annexation of
Shannon Road #20 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.
HEARINGS CONTINUED
SHANNON ROAD #20/ANNEXATION/CONT.
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.
MARCHMONT DRIVE #1/ANNEXATION/HEARING (19.14)
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 Marchmont Drive #1.
No one from the audience addressed this issue.
Town Attorney, Orry Korb, announced that all protests against the annexation of
Marchmont Drive #1 must be filed with the Town Clerk for acceptance, before the
close of this hearing.
Motion by Mrs. Lubeck, seconded by Mr. Pirzynski, 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.
ROBIE LANE #3/ANNEXATION/HEARING (20.14)
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 Robie Lane #3.
No one from the audience addressed this issue.
Town Attorney, Orry Korb, announced that all protests against the annexation of
Robie Lane #3 must be filed with the Town Clerk for acceptance, before the
close of this hearing.
Motion by Mrs. Lubeck, seconded by Mr. Pirzynski, to close the public
hearing. Carried unanimously.
Motion by Mrs. Lubeck, seconded by Mr. Hutchins, 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.
ITEMS TO BE HEARD OUT OF ORDER
Mayor Hutchins received consensus of Council to hear Items 21, 22 23 and 24
out of order so that all interested parties will have an opportunity to be in
attendance.
FIRE PREVENTION AND PROTECTION/LOS GATOS TOWN CODE CHAPTER 9
INTRODUCTION OF ORDINANCE/RESOLUTION 1999-158 (24.46)
Motion by Mr. Attaway, seconded by Mr. Pirzynski, that Council introduce
Proposed Ordinance entitled, ORDINANCE OF THE TOWN OF LOS GATOS
ADOPTING A NEW CHAPTER 9 OF THE TOWN CODE REGARDING FIRE
PREVENTION AND PROTECTION WHICH INCLUDES PROVISIONS FROM
THE UNIFORM FIRE CODE, 1998 EDITION. Carried unanimously.
The Town Clerk read the Title of the Proposed Ordinance.
Motion by Mr. Pirzynski, seconded by Mrs. Lubeck, to waive the reading of
the Proposed Ordinance.
The Town Clerk will publish a notice and summary of the Proposed ordinance
twice in the Weekly Times before the public hearing on November 22, 1999.
Motion by Mr. Attaway, seconded by Mr. Pirzynski, that Council adopt
Resolution 1999-158 entitled, RESOLUTION OF THE TOWN OF LOS GATOS
MAKING CERTAIN FINDINGS WITH RESPECT TO AMENDMENT OF
CHAPTER 9 OF THE TOWN CODE. Carried unanimously.
DOWNTOWN PARKING IMPROVEMENTS/GORDON H. CHONG (22.40)
Mayor Hutchins stated that this was the time and place duly noted to consider
report and presentation from Gordon H. Chong and Associates; to consider
report and schedule of action items regarding parking improvements, financial
participation options, pay parking, Miles Avenue parking, and downtown parking
maps and signs; and to provide direction to staff as appropriate.
Presentation by Gordon H. Chong & Assoc. of design options for two
structures at Parking Lot 2 and Parking Lot 6.
The following people from the audience spoke to this issue:
Larry Arzie, Los Gatos Porch, 32 N. Santa Cruz, asked for consideration of
public restroom facilities and for the elimination of elevator tower on parking
structure.
Suazanne Frazer, 16 Lyndon Ave, 104 Alta Heights, spoke of costs associated
with the parking structures that owners would be assessed and the need to
understand and be aware of these costs before the construction is initiated. She
asked for some consideration as to noise and vibration due to tenants needs and
the ability to have tenants in her building during the time of construction. The
question of insurance and any loss associated with the construction was raised.
She asked if she could view a parking structure in the bay area that has
landscaping above ground.
Diane Carlson, 15830 Blossom Hill Road, spoke against going above ground
next to the school. She asked that the structure be below and at grade in this
location.
Rex Morton, 51 University Avenue, spoke of ramps from Bachman and Royce
into Lot 2 and the use of the private property for from 40 to 60 more parking
spaces.
Nina Alvarez, 100 Twin Oaks Drive, asked that Lot 2 not overlook St. Mary's
School, and that an open feeling be kept for that lot. She asked for below and at
grade for the structure.
DOWNTOWN PARKING IMPROVEMENTS/GORDON H. CHONG/CONT.
Speakers continued:
Suzanne Muller, 135 Charles Street, she asked for three levels. If there can't
be two levels down and one level at grade, please have one level down, one at
grade and one above with an atrium and plant materials to soften the look.
Todd Johnson, 85 College, spoke of the very well designed three story parking
structure in downtown San Mateo.
No one else from the audience addressed this issue.
Council consensus to meet with the consultants at 6 p.m., prior to the November
1, 1999 meeting to discuss alternative designs for the two lots, including ramps
from Bachman and adjustment for property lines on lot 6.
Discussion of Valet Parking on municipal lots during holiday season.
The following people from the audience spoke to this issue:
Diane McNutt, 27 Jackson Street, representing the Chamber of Commerce,
saw this program as a shared responsibility between the Town and Chamber.
Margaret Smith, 40 N. Santa Cruz, owner of Domus, noted that valet parking
gives a message to residents to remain at home and shop. She asked to share
in the expense and felt that when the garages were built there would no longer
be a need for valet parking.
No one else from the audience addressed this issue.
Council consensus to share 50/50 with the Chamber of Commerce on the
expenses of valet parking on municipal lots. The proposal calls for $9,700 which
will be shared by Town and merchants, and the service will be concluded when
that amount has been reached.
COLLEGE AVENUE 65/RESIDENTIAL/APPEAL (21.09)
Mayor Hutchins stated that this was the time and place duly noted for public
hearing to consider appeal of the decision of the Development Review
Committee denying a Architecture and Site application to construct a new single
family residence on a nonconforming parcel zoned R-1D. Project Application
PRJ-99-050. Property Location: 65 College Avenue. Property Owner: Lee
Qualls. Applicant/Appellant: Todd and Marlene Johnson.
The following people from the audience spoke to this issue:
John Lien, 196 College Ave, asked for more square footage in the proposed
project than is allowed in the new FAR figures for hillside homes. He submitted
drawings of the site to explain his position.
Chris Farmer, 59 College Ave, opposed the project and noted neighborhood
fault line.
Chris Bevis, 81 College Ave, opposed the project and submitted photographs of
the location of the proposed project.
Gail Nishimura, 81 College Ave, opposed the project.
Todd Johnson, 85 College Ave, applicant asked that his project be approved.
No one else from the audience addressed this issue.
Motion by Mr. Blanton, seconded by Mr. Attaway, to close the public hearing.
Carried unanimously.
Motion by Mr. Pirzynski, seconded by Mr. Blanton, to uphold the Planning
Commission's decision and deny the appeal. Carried unanimously.
BLOSSOM HILL ROAD 15900/AMEND HOME OCCUPATION PERMIT
REQUIREMENTS (23.09)
Mayor Hutchins stated that this was the time and place duly noted to consider
Joanne Brice's request to amend Home Occupation Permit requirements.
Council asked that staff research ways to legalize the operation of the existing 29
year old business, which has operated in this home for that length of time, and to
find a way to legalize the use when this property becomes annexed to the Town.
The following people from the audience spoke to this issue:
Joanne Brice, 15900 Blossom Hill Road, spoke of her home and business which
has been in the same location for 29 years. She explained how her business
began and that she had called the county so as to do follow the correct process
when she opened the business. She came forward with this request when she
realized she might be annexed to the Town. She spoke of safety and
environmental compliance.
Paul Hummel, student at the school, asked if the rules to allow this business
could have the same type of provisions as easements on building codes.
No one else from the audience addressed this issue.
Motion by Mr. Attaway, seconded by Mrs. Lubeck, to continue this item to a
future agenda so that the Town Attorney can research options for allowing this
business use in this home location when this property is annexed to the Town,
and to review options that may let the business continue with a new owner.
Carried unanimously.
FISCAL YEAR 1998-1999 YEAR END REPORT (09.05)
Motion by Mrs. Lubeck, seconded by Mr. Pirzynski, to accept the Fiscal Year
1998-99 Year End Report and authorize the budget adjustments outlined in the
report except for three items. When the financials are complete the suggestion is
for the Finance Committee to review all of the Town's reserves in general and
make some recommendations to Council as to whether we have the right amount
of reserves; where the reserves should be held; and should some of these items
be in reserves. 1) Designated for Contingency @ 1% of Operating Budget; 2)
Designated for Capital Improvements; 3) and Santa Cruz Ave Traffic Circle.
Maker of the motion and second removed the Santa Cruz Traffic Circle for further
review by the Council at the next meeting, and to return to Council with a report
after the financials are complete and the other two items can be reviewed.
Carried unanimously.
ADJOURNMENT
Mayor Hutchins adjourned this evening's meeting at 11:05 p.m.
ATTEST:
Marian V. Cosgrove
Town Clerk