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M 06-21-99TOWN OF LOS GATOS CALIFORNIA TOWN COUNCIL/PARKING AUTHORITY JOINT REDEVELOPMENT AGENCY June 21, 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, June 21, 1999, in joint regular session. ROLL CALL Present:Steven Blanton, Linda Lubeck, Joe Pirzynski, and Mayor/Chairman Jan Hutchins. Absent:Randy Attaway, 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 Attorney). No action was taken. Pursuant to Government Code Section 54957.6, Council met to discuss Labor Relations. Town Negotiator (Lead): Gary Rogers, Personnel Manager and Association/Employees: Town Manager, Town Attorney. There was no action taken at this time. ARCHITECTURAL STANDARDS COMMITTEE/APPOINTMENT/PEGGY DALLAS (XXY.20) Mayor Hutchins announced that one application had been received from Peggy Dallas for one vacancy on the Architectural Standards Committee. Voting was held and Ms Dallas was appointed to a term expiring 7/1/2002. ARTS COMMISSION/APPOINTMENTS/GROVES/HAYDEN/SCHLOH/TOMASI- DUBOIS (000.20) Mayor Hutchins announced that five applications had been received from Elke Groves, Thea Hayden, Marlene Miller, Erna Schloh and Mary Tomasi-Dubois for five vacancies on the Arts Commission. Ms Groves, and Ms Tomasi-Dubois were reappointed to terms expiring 7/1/2002, and Ms Hayden and Ms Schloh were appointed to terms expiring 7/1/2000. Ms. Miller was not present for the interview and will be advised as to Council's next interview schedule. BOARD OF APPEALS/APPOINTMENT/TOM KANE (XX.20) Mayor Hutchins announced that one application had been received from Tom Kane for the two vacancies on the Board of Appeals. Voting was held and Mr. Kane was appointed to a term expiring 1/1/2001. LIBRARY BOARD/APPOINTMENTS/RITA BAUM/MARY KING (XXX.20) Mayor Hutchins announced that two applications had been received from Rita Baum and Mary King for one vacancy on the Library Board. Voting was held and Ms Baum and Ms King were reappointed for terms expiring July 1, 2002. PARKING COMMISSION/APPOINTMENT (XYY.20) Mayor Hutchins announced that no applications had been received for one vacancy on the Parking Commission. This vacancy will be readvertised. PARKS COMMISSION/APPOINTMENTS/RICHARD KONRAD/ALAN ORR (YXX.20) Mayor Hutchins announced that three applications had been received from Richard Konrad, Chris Miller and Alan Orr for three vacancies on the Parks Commission. Voting was held and Mr. Konrad and Mr. Orr were appointed to terms to expire April 1, 2003. Ms Miller was not present for the interview and will be advised as to Council's next interview schedule for openings on this commission. PARKS COMMISSION/STUDENT COMMISSIONER APPOINTMENT (YXX.20) Mayor Hutchins announced that no applications had been received for one vacancy on the Parks Commission. This vacancy will be readvertised. REDEVELOPMENT ADVISORY COMMITTEE/APPOINTMENT (YYY.20) Mayor Hutchins announced that no applications had been received for one vacancy on the Redevelopment Advisory Committee. This vacancy will be readvertised. PRESENTATION TO STEVE TEDESCO/SAN JOSE CHAMBER OF COMMERCE (XYX.44) Mayor Hutchins presented a commendation from the Town of Los Gatos to San Jose Silicon Valley Chamber of Commerce and CEO Steve Tedesco. Mr. Tedesco thanked the Mayor and noted some points of interest and working relationships between the Town's and San Jose's Chambers of Commerce. SCHEDULE OF PUBLIC HEARINGS (01.01) Informational report regarding currently scheduled public hearings was received and filed. PLANNING COMMISSION/PLANNING DEPARTMENT MONTHLY STATUS REPORT (03.47) Informational report regarding activity of Planning Commission and Department was received and filed. RATIFICATION OF PAYROLL/MAY-JUNE 1999 (04.V) Motion by Mrs. Lubeck, seconded by Mr. Pirzynski, that Council ratify the check registers for the payroll of May 16 through May 29, 1999 paid on June 3, 1999, in the amount of $408,561.01. Carried by a vote of 4 ayes. Mr. Attaway absent. ACCOUNTS PAYABLE/RATIFICATION/MAY-JUNE 1999 (05.V) Motion by Mrs. Lubeck, seconded by Mr. Pirzynski, that Council ratify the accompanying check registers for accounts payable invoices paid on May 28 and June 4, 1999, in the amount of $755,093.40. Carried by a vote of 4 ayes. Mr. Attaway absent. TREASURER'S REPORT (06.V) Informational report submitted by the Treasurer to the Council for the month ended April 30, 1999, was received and filed. MINUTES OF JUNE 7, 1999 (07.V) Motion by Mrs. Lubeck, seconded by Mr. Pirzynski, that Council approve the Minutes of June 7, 1999 Joint Redevelopment/Town Council Meeting as submitted. Carried by a vote of 4 ayes. Mr. Attaway absent. MINUTES OF MAY 24, 1999 (BUDGET HEARING)/JOINT AGENCY-COUNCIL (03B- 24.V) Motion by Mrs. Lubeck, seconded by Mr. Pirzynski, that the Council approve the Minutes of May 24, 1999 (Joint Agency/Council Budget Hearing) as submitted. Carried by a vote of 4 ayes. Mr. Attaway absent. SANTA CLARA COUNTY/MEASURE "A" BASE CASE/RESOLUTION 1999-80 (09.40) VASONA LIGHT RAIL/ROUTE 17 CONGESTION RELIEF/PAVEMENT PROGRAM Motion by Mrs. Lubeck, seconded by Mr. Pirzynski, that Council adopt Resolution 1999-80 entitled, RESOLUTION OF THE TOWN OF LOS GATOS REQUESTING ADEQUATE FUNDING FOR VASONA LIGHT RAIL, ROUTE 17 CONGESTION RELIEF AND ACCELERATED PAVEMENT MANAGEMENT. Carried by a vote of 4 ayes. Mr. Attaway absent. OPERATING BUDGET FOR 1999-2000/RESOLUTION 1999-81 (10.05) POSITION AND CLASSIFICATION PLAN Motion by Mrs. Lubeck, seconded by Mr. Pirzynski, that Council adopt Resolution 1999-81 entitled, RESOLUTION OF THE TOWN OF LOS GATOS APPROVING FISCAL YEAR 1999-2000 OPERATING BUDGET WITH THE SCHEDULE OF FUND BALANCE AND TOWN POSITION CLASSIFICATION. This item to return to Council when all are in attendance to review the grant to A Place for Teens. Carried by a vote of 4 ayes. Mr. Attaway absent. GANN APPROPRIATIONS LIMIT FOR 1999-2000/RESOLUTION 1999-82 (11.05) Motion by Mrs. Lubeck, seconded by Mr. Pirzynski, that Council adopt Resolution 1999-82 entitled, RESOLUTION OF THE TOWN OF LOS GATOS ESTABLISHING THE 1999-2000 FISCAL YEAR APPROPRIATION LIMIT FOR THE TOWN OF LOS GATOS. Carried by a vote of 4 ayes. Mr. Attaway absent. RECEIVER INSTALLATION/CONTROLLER UPGRADE/RESOLUTION 1999-83 (12.35) Motion by Mrs. Lubeck, seconded by Mr. Pirzynski, that Council adopt Resolution 1999-83 entitled, RESOLUTION OF THE TOWN OF LOS GATOS ACCEPTING WORK OF GEORGE A. BRILLA CONSTRUCTION, INC. - PROJECT 9515 - FEDERAL PROJECT # CML-5067(002) WWV RECEIVER INSTALLATIONS AND CONTROLLER UPGRADES 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. HOUSING AND COMMUNITY DEVELOPMENT ACT/RESOLUTION 1999-84 (13.19) Motion by Mrs. Lubeck, seconded by Mr. Pirzynski, that Council adopt Resolution 1999-84 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO EXECUTE AN AGREEMENT WITH THE COUNTY OF SANTA CLARA, "JOINT EXERCISE OF POWERS AGREEMENT TO UNDERTAKE OR ASSIST IN THE UNDERTAKING OF ESSENTIAL ACTIVITIES PURSUANT TO TITLE I OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974, AS AMENDED, FOR THE PERIOD OF OCTOBER 1, 1999 TO SEPTEMBER 30, 2002." Carried, vote of 4 ayes. Mr. Attaway absent. DISABILITY DETERMINATION BY TOWN MANAGER/RESOLUTION 1999-85 (14.10) Motion by Mrs. Lubeck, seconded by Mr. Pirzynski, that Council adopt Resolution 1999-85 entitled, RESOLUTION OF THE TOWN OF LOS GATOS DELEGATING TO THE TOWN MANAGER THE AUTHORITY TO MAKE DETERMINATIONS UNDER SECTION 21152 (C), GOVERNMENT CODE, ON BEHALF OF THE TOWN, OF DISABILITIES AND WHETHER SUCH DISABILITY IS INDUSTRIAL AND TO CERTIFY SUCH DETERMINATIONS AND ALL OTHER INFORMATION TO THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM. Carried by a vote of 4 ayes. Mr. Attaway absent. JOHNSON AVE 320-324/RESIDENTIAL LOT SPLIT/RESOLUTION 1999-86 (15.09) Motion by Mrs. Lubeck, seconded by Mr. Pirzynski, that Council adopt Resolution 1999-86 entitled, RESOLUTION OF THE TOWN OF LOS GATOS GRANTING AN APPEAL OF A PLANNING COMMISSION DECISION DENYING A TWO LOT SUBDIVISION ON PROPERTY ZONED R-1:8 AND REMANDING THE APPLICATION. Carried by a vote of 4 ayes. Mr. Attaway absent. MUSIC IN THE PLAZA/AUTHORIZING DONATIONS/RESOLUTION 1999-87 (16.22) JOE SHARINO BAND/TERRY SUMMA ORCHESTRA/COUNTY ARTS GRANT Motion by Mrs. Lubeck, seconded by Mr. Pirzynski, that Council adopt Resolution 1999-87 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO EXECUTE A GRANT AGREEMENT WITH THE ARTS COUNCIL OF SANTA CLARA COUNTY. Carried by a vote of 4 ayes. Mr. Attaway absent. LOS GATOS BOULEVARD 16185/COMMERCIAL BUILDING/RESOLUTION 1999-88 (17.09) Motion by Mrs. Lubeck, seconded by Mr. Pirzynski, that Council adopt Resolution 1999-88 entitled, RESOLUTION OF THE TOWN OF LOS GATOS GRANTING AN APPEAL OF A PLANNING COMMISSION DECISION DENYING AN ARCHITECTURE AND SITE APPLICATION TO DEMOLISH A PRE-1941 RESIDENCE AND TO CONSTRUCT A NEW COMMERCIAL BUILDING ON PROPERTY ZONED CH AND REMANDING THE APPLICATION. Carried by a vote of 4 ayes. Mr. Attaway absent. BLOSSOM HILL ROAD 14734/SUMMERHILL/PRJ-98-210/RESOLUTION 1999-89 (18.09) Motion by Mrs. Lubeck, seconded by Mr. Pirzynski, that Council adopt Resolution 1999-89 entitled, RESOLUTION OF THE TOWN OF LOS GATOS DENYING AN APPEAL OF A PLANNING COMMISSION DECISION APPROVING AN ARCHITECTURE AND SITE APPLICATION TO CONSTRUCT A SINGLE FAMILY HOME ON PROPERTY ZONED HR-1:PD. Carried by a vote of 4 ayes. Mr. Attaway absent. ZONING CODE AMENDMENT A-98-04/ORDINANCE 2062 (19.47) HEIGHT & GRADE DEFINED/FENCES, HEDGES & WALLS Motion by Mrs. Lubeck, seconded by Mr. Pirzynski, that Council adopt Ordinance 2062 entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING TOWN CODE SECTION 29.10.020 (DEFINITIONS FOR FINISHED FLOOR, FINISHED GRADE, NATURAL GRADE, AND HEIGHT,) SECTION 29.10.090 (HEIGHT RESTRICTION, EXCEPTIONS;) AND SECTION 29.40.030 (FENCES, HEDGES AND WALLS,) which was introduced at the Council meeting of June 7, 1999. Carried by a vote of 4 ayes. Mr. Attaway absent. SENATE BILL 402 (BURTON)/OPPOSITION TO/RESOLUTION 1999-90 (20.09) Motion by Mrs. Lubeck, seconded by Mr. Pirzynski, that Council adopt Resolution 1999-90 entitled, RESOLUTION OF THE TOWN OF LOS GATOS OPPOSING SENATE BILL 402 (BURTON). Carried by a vote of 4 ayes. Mr. Attaway absent. LAW ENFORCEMENT/CONSULTING SERVICES/ARGO INC/RESOLUTION 1999-91 (21.10) Motion by Mrs. Lubeck, seconded by Mr. Pirzynski, that Council adopt Resolution 1999-91 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO EXECUTE AN AGREEMENT WITH ARGO, INCORPORATED TO PROVIDE CONSULTING SERVICES IN AN EFFORT TO IDENTIFY PROBLEMS ASSOCIATED WITH THE DELIVERY OF LAW ENFORCEMENT SERVICES AND TO FIND SOLUTIONS TO RESOLVE THOSE PROBLEMS. Carried by a vote of 4 ayes. Mr. Attaway absent. COUNCIL ON AGING/CASE MANAGEMENT SERVICES (22.19) Motion by Mrs. Lubeck, seconded by Mr. Pirzynski, that Council authorize the mayor to sign and forward a letter to Council on Aging of Santa Clara County, Inc. (COA) regarding case management services. Carried by a vote of 4 ayes. Mr. Attaway absent. LOS GATOS BLVD/MEDIAN LANDSCAPE/PRJ 9931/RESOLUTION 1999-92 (23.35) Motion by Mrs. Lubeck, seconded by Mr. Pirzynski, that Council adopt Resolution 1999-92 entitled, RESOLUTION OF THE TOWN OF LOS GATOS ACCEPTING WORK OF DIABLO LANDSCAPING, INC. FOR PROJECT 9931 - LOS GATOS BOULEVARD MEDIAN LANDSCAPING - AND AUTHORIZING THE TOWN MANAGER TO EXECUTE CERTIFICATE OF ACCEPTANCE AND NOTICE OF COMPLETION FOR RECORDING BY THE TOWN CLERK. Carried by a vote of 4 ayes. Mr. Attaway absent. SIDEWALK/CURB & GUTTER/REPAIR/PROJECT 9909/RESOLUTION 1999-93 (25.35) Motion by Mrs. Lubeck, seconded by Mr. Pirzynski, that Council adopt Resolution 1999-93 entitled, RESOLUTION OF THE TOWN COUNCIL/REDEVELOPMENT AGENCY OF THE TOWN OF LOS GATOS ACCEPTING WORK OF GEORGE BIANCHI CONSTRUCTION, INC. - PROJECT 9909 - ANNUAL SIDEWALK, CURB AND GUTTER RECONSTRUCTION AND AUTHORIZING THE TOWN MANAGER/EXECUTIVE DIRECTOR TO EXECUTE CERTIFICATE OF ACCEPTANCE AND NOTICE OF COMPLETION FOR RECORDING BY THE TOWN CLERK/SECRETARY. Carried by a vote of 4 ayes. Mr. Attaway absent. VERBAL COMMUNICATION Annexation of Englewood Area: Gregg Moss, 16788 Littlefield Lane, spoke of the problems that the Englewood neighborhood has with cut through traffic. He asked that Council take immediate action on the problem and noted that this would go a long way in encouraging the residents to vote in favor of annexation which the County is supporting at this time. Union Avenue Sidewalk Project: Susanne Belshe, 108 Lausen Court, asked for Council's aid in getting sidewalks installed on Union Ave. She noted the number of pedestrians that use this section of road, young children that walk to school, and mothers pushing strollers on the way to the shopping plaza. Mayor Hutchins asked that staff return with a report for the July 19th meeting, and that the speaker work on organizing community support for the proposal. HEARINGS Mayor Hutchins opened Item #26 for public hearing at this point. Due to some concerns it was addressed and concluded after Item #27 was heard. In order to keep the subject together for clarity, Item #26 will appear in the minutes after Item #27. END OF VERDE COURT/PUBLIC HEARING (27.09) Mayor Hutchins stated that this was the time and place duly noted for public hearing to consider request for approval of a Zone Change from RD (Residential Duplex) to R-1:8 (SinHP LaserJet Series IIHPLASEII.PRSrty Owner: Milton F. Samis Applicant: Pinn Brothers Construction. The following person from the audience spoke to this issue: Greg Pinn, Pinn Brothers Construction, 1475 Saratoga Ave, San Jose, spoke of the plans for the subdivision and the support of the neighborhood for this project. No one else from the audience addressed this issue. Motion by Mr.Blanton, seconded by Mr. Pirzynski, to close the public hearing. Carried by a vote of 4 ayes. Mr. Attaway absent. Motion by Mr. Pirzynski, seconded by Mr. Blanton, that Council make the Negative Declaration for Project Application PRJ-98-245 as noted in Exhibit C of Attachment A of the staff report. Carried by a vote of 4 ayes. Mr. Attaway absent. The Town Clerk read the title of the Proposed Ordinance. Motion by Mr. Pirzynski, seconded by Mr. Blanton, to waive the reading of the Proposed Ordinance. Carried by a vote of 4 ayes. Mr. Attaway absent. Motion by Mr. Blanton, seconded by Mr. Hutchins, that Council introduce Proposed Ordinance entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONING MAP FROM RD TO R-18:8 FOR 3,100 SQUARE FEET OF PROPERTY LOCATED AT THE END OF VERDE COURT. Included in this motion are the findings put forward by Mr. Pirzynski: that Council find that the Planning Commission's findings are consistent with the General Plan, as noted in Exhibit A; that the General Plan elements have been consistently followed; that the Town's infill policy is fulfilled; that the project improves circulation and contributes to neighborhood unity by eliminating a dead end street; that the project is designed in context with the neighborhood and surrounding zone; that comparable size, space and garage placements have been met; that the community benefit and traffic policy is in the turn around and emergency access replacing the dead end street. Carried by a vote of 3 ayes. Mr. Attaway absent. Mrs. Lubeck did not agree with the zone change due to other single story duplexes adjacent to this property. She feels duplexes would be more compatible to the neighborhood. MARIPOSA 66/RESIDENTIAL HOME/APPEAL (26.09) Consider an appeal of a Planning Commission decision to approve an Architecture and Site application to demolish a single family residence and to construct a new single family residence on property zoned R-1:8. Project Application: PRJ-98-119. Property Location: 66 Mariposa. Court. Property Owner\Applicant: Richard and Pamela Katz. Appellant: Tim Macierz. HEARINGS CONTINUED MARIPOSA 66/RESIDENTIAL HOME/CONT. The following people from the audience spoke to this issue: Tim Macierz, appellant, 65 Mariposa Ave, asked for a full Council to here this item. Richard Katz, applicant, 2164 Booksin, asked that the procedure move forward and that a decision be made tonight. Chris McKell, 31 Mariposa, asked for a vote of the people in attendance. John Seller, 107 Lester Lane, believes the proposal should be approved and moved along. Ted Cribari, 29 Mariposa, spoke in favor of the proposed size and scale. Council considered continuing this item for two weeks, or until a full Council was represented. Mr. Macierz went home due to that decision. Gladys Lowenstein, Mariposa, an improvement to the neighborhood. Janet Eastman, 27 Mariposa, a long term resident supports the proposal. Steve Johnson, 14796 Gulf Links, spoke in support of Council making a decision tonight. Ken Blumenfeld, 150 Happy Acres Road, would like the project to move forward. Rick Florendo, 484 Woodland, #16, supports project. John Eichinger, 60 Mariposa, spoke in support. Anthony Badoni, 73 Mariposa, reported to Council that Mr. Macierz will be back to the meeting shortly so that the hearing can resume. Mayor Hutchins stopped the public hearing at this point and moved on to hear Item 27, after which he moved back to this hearing and continued it. Motion by Mayor Hutchins, seconded by Mr. Blanton, that Council does not continue this item but hears it tonight. Tied vote with 2 ayes. Mr. Attaway absent. Mrs. Lubeck and Mr. Pirzynski voted no. Due to lack of decision hearing continues. Speakers continued: Don McKeller, 31 Mariposa, approves the project. Chris Benson, 69 Mariposa, inquired about mass, scale and compatibility. Tim Macierz, appellant, 65 Mariposa Ave, asked for a full Council to hear this item, but proceeded with his presentation of slides of the neighborhood. Richard Katz, 66 Mariposa, spoke of his complete redesign and of the support of the neighborhood for the new design. Anthony Badoni, 73 Mariposa, supported the project. Pete Miller, Mariposa, supported proposal and the thought that has gone into it. Mary Pickett, 644 San Benito Ave., supports the project. Ted Cribari, 29 Mariposa, submitted a petition in support of the project. Mr. Katz, applicant, finished up his presentation to Council No one else from the audience addressed this issue. Motion by Mr. Pirzynski, seconded by Mr. Blanton, to close the public hearing. Carried by a vote of 4 ayes. Mr. Attaway absent. HEARINGS CONTINUED MARIPOSA 66/RESIDENTIAL HOME/CONT. Motion by Mr. Blanton, seconded by Mr. Pirzynski, to uphold the Planning Commission decision and deny the requested appeal. Carried by a vote of 3 ayes. Mr. Attaway absent. Mrs Lubeck voted no speaking of mass, and scale as it relates to the neighborhood and the guidelines for Architecture and Site. UNIVERSITY AVENUE 50/OLD TOWN MODIFICATIONS/APPEAL (28.09) 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 to approve modifications to the west elevation of a commercial building on property zoned C- 2:PD:LHP. Property location: 50 University Avenue (new building). Project Application PRJ-99-001. Property owner/applicant: SRI Old Town LLC. Appellant: Stacy J. Stewart (continued from 3/15/99 and 4/5/99) The following people from the audience spoke to this issue: Jack Heineman, 18504 Vivernon Way, Only, Maryland, asked for consensus on the following items: 1) Awnings are fine over the Gap. 2) Rick Tharp presented the concepts for the new arch for the west elevation. It will have trumpet vines and be a living arch in the Spanish-Tuscan style. 3)Landscaping architect, Jack Griffith, spoke of the progress made and the need to have the Parks Department's approval for the final elements. 4)Lee Swager, explained the progress with the plans for Elm Street; the lighting concepts for the walkways are bright, attractive and address the safety concerns; spoke of the moveable plant containers and how the proposal is to come before the Planning Commission; Rex Morton, 51 University, spoke concerning the parking spaces on the North side of Elm. Dick Karnan, 51 University, asked that parking remain on the north side of Elm. Council consensus that there not be a bulb out added to Elm Street. No one else from the audience addressed this issue. Motion by Mr. Blanton, seconded by Mr. Pirzynski, to close the public hearing. Carried by a vote of 4 ayes. Mr. Attaway absent. Motion by Mr. Blanton, seconded by Mr. Pirzynski, to uphold the Planning Commission's decision and approve the Architecture and Site Application to modify the west elevation incorporating the modifications made and discussed during these continued hearings for this item. Carried by a vote of 4 ayes. Mr. Attaway absent. MOBILE HOME PARK CONVERSION/WOODLAND AVENUE 484/HEARING (29.09) 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 from 5/3/99) HEARINGS CONTINUED MOBILE HOME PARK CONVERSION/WOODLAND AVENUE 484/CONT. The following people from the audience spoke to this issue: Bill Krause, 484 Woodland Ave, #17, spoke of in place comparative value of the coach requested by the tenants having found it difficult to find that value within 100 miles of Los Gatos. Vikki Ricktenwald, 484 Woodland Ave, #25, noted that in the last hearing on the mobile home issue the notation that no one else spoke should be clarified to address the 25 to 30 people who attended in support of the tenants but who did not come forward to address Council. She spoke of the cost of mobile homes, the cost of procuring a mobile home space, and the unavailability of locations in this valley for placing a mobile home unit. Jim During, 484 Woodland Ave, asked about determination of value. Gerri Mirasou, Bonnie View Mobile Home Park, 14685 Oka Road, asked who was to receive the value of the land upon the sale; the mobile home park owner or the tenant? Dorri Ouzie, 484 Woodland Ave, #12, spoke of the desirability of living in Los Gatos. Jack Jones, 484 Woodland Ave, #45, spoke of property taxes that tenants have to pay. David Wilkinson, 484 Woodland Ave, #44, Clovis Mirrasou, spoke of his investment in Mobile Home Park which has absorbed his life's savings. He spoke of the age of the coaches in Los Gatos due to the rent control ordinance. Debbra Cabbri, 381 Johnson Ave, has an interest in the park, spoke of investments in mobile homes, and the value of location. There is a definite value to living in Los Gatos. Lee Bowman, Planning Director, spoke of the larger picture beyond the narrow view of closure. The final project to be developed on this property is to afford a percentage of the replacement housing for those coaches that will be leaving. Will this new housing resource be able to accommodate the housing needs of those who are now in mobile home park? Mayor Hutchins, spoke of conflicting interests: the Town's interest in protecting housing stock; the owner's needs in protecting his property values; the renter's needs in protecting their homes; and the difficulty in ensuring that all parties interests are met. Gerri Mirrasou, suggested that the Town make some contribution toward the relocation costs to make it fair for both owner and tenant. Speaker, spoke of 17 owners of coaches that ask for fair treatment. No one else from the audience addressed this issue. Motion by Mr. Blanton, seconded by Mr. Pirzynski, to close the public hearing on four of the five findings. Carried by a vote of 4 ayes. Mr. Attaway absent. Motion by Mr. Pirzynski, seconded by Mr. Blanton, to make the following findings for a mobile home park conversion permit: 1)There will not exist at the time of the conversion, closure, or cessation of use, sufficient mobile home space availability within the Town and/or within the area surveyed in the impact study to accommodate the mobile homes to be displaced. 2)The age, type, condition, and style of mobile homes within the park are such that the mobile homes are not able to be moved and accepted into other parks within the area surveyed in the impact study. HEARINGS CONTINUED MOBILE HOME PARK CONVERSION/WOODLAND AVENUE 484/CONT. Mr. Pirzynski's motion continued: 3)The mobile home owner cannot relocate to a comparable mobile home park within the impact study area as per testimony and report. 4)All reports and notices required by law have been properly prepared and properly served. Carried by a vote of 4 ayes. Mr. Attaway absent. Motion by Mrs. Lubeck, seconded by Mr. Hutchins, to continue to the meeting of August 2, 1999, the determination of what constitutes reasonable costs of relocation. (This will include data on comparable such as purchase price, financing options and down payment required.) Carried by a vote of 4 ayes. Mr. Attaway absent. TOP OF THE HILL 15299/RESIDENTIAL HOME/APPEAL (30.09) Consider an appeal of the decision of the Planning Commission denying two building permits to construct a new single family residence with an accessory structure on property zoned HR-5. Building Permits: B-98-000373 & B-98- 000388. Property Location: 15299 Top of the Hill Rd. Property Owner\ Appellant: Dr. Jamshidi. Applicant: Maurice Camargo. The following people from the audience spoke to this issue: Mark Fredkin, 99 Almaden Blvd, #100, San Jose, explained the history of the project and how the one permit failed to be filed in a timely manner. He asked Council to consider a creative solution to this problem. Maurice Camargo, 3953 Yolo Drive, San Jose, spoke of the on going work that has occurred in preparing for this project. He told of restructuring the water tanks and upgrading the landscaping for screening. No one else from the audience addressed this issue. Motion by Mrs. Lubeck, seconded by Mr. Blanton, to close the Public Hearing. Carried by a vote of 4 ayes. Mr. Attaway absent. Motion by Mrs Lubeck, seconded by Mr. Pirzynski, that having considered the appeal of the decision of the Planning Commission, that Council grant the appeal with the finding that this was an issue of policy which the Planning Commission did not have jurisdiction over, and it is up to the Council to interpret its own rules as to what constitutes substantial construction under Town Code 29.20.335, and that Council make the finding that work did occur and was based on validly issued building permits, issued by the county, and that therefore the architecture and site application was vested. The project will have its permits pulled and foundation in the ground within six months. Carried by a vote of 4 ayes. Mr. Attaway absent. BLACKWELL DRIVE BENEFIT ZONE/LAND & LIGHT #1/RESOLUTION 1999-94 (31.28) Mayor Hutchins stated that this was the time and place duly noted for public hearing to consider protests and adopt resolution confirming the diagram and assessments, and levying and authorizing collection of assessment for fiscal year 1999-2000 for Landscaping and Lighting Assessment District #1 - Blackwell Drive Benefit Zone, and to direct the Clerk to submit a certified copy of the resolution and assessment to the Santa Clara County Tax Collector. HEARINGS CONTINUED BLACKWELL DRIVE BENEFIT ZONE/CONT. No one from the audience addressed this issue. Motion by Mrs. Lubeck, seconded by Mr. Pirzynski, to close the public hearing. Carried by a vote of 4 ayes. Mr. Attaway absent. Motion by Mrs. Lubeck, seconded by Mr. Pirzynski, that Council adopt Resolution 1999-94 entitled, RESOLUTION OF THE TOWN OF LOS GATOS CONFIRMING DIAGRAM AND ASSESSMENT, AND LEVYING AND AUTHORIZING COLLECTION OF ASSESSMENTS FOR LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT #1 - BLACKWELL DRIVE BENEFIT ZONE FOR FISCAL YEAR 1999-2000. Carried by a vote of 4 ayes. Mr. Attaway absent. KENNEDY MEADOWS BENEFIT ZONE/LAND & LIGHT #1/RESOLUTION 1999-95 (32.28) Mayor Hutchins stated that this was the time and place duly noted for public hearing to consider protests and adopt resolution confirming the diagram and assessments, and levying and authorizing collection of assessment for fiscal year 1999-2000 for Landscaping and Lighting Assessment District #1 - Kennedy Meadows Benefit Zone, and to direct the Clerk to submit a certified copy of the resolution and assessment to the Santa Clara County Tax Collector. No one from the audience addressed this issue. Motion by Mrs. Lubeck, seconded by Mr. Pirzynski, to close the public hearing. Carried by a vote of 4 ayes. Mr. Attaway absent. Motion by Mrs. Lubeck, seconded by Mr. Pirzynski, that Council adopt Resolution 1999-95 entitled, RESOLUTION OF THE TOWN OF LOS GATOS CONFIRMING DIAGRAM AND ASSESSMENT, AND LEVYING AND AUTHORIZING COLLECTION OF ASSESSMENTS FOR LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT #1 - KENNEDY MEADOWS BENEFIT ZONE FOR FISCAL YEAR 1999-2000. Carried by a vote of 4 ayes. Mr. Attaway absent. GEMINI COURT BENEFIT ZONE/LAND & LIGHT #2/RESOLUTION 1999-96 (33.28) Mayor Hutchins stated that this was the time and place duly noted for public hearing to consider protests and adopt resolution confirming the diagram and assessments, and levying and authorizing collection of assessment for fiscal year 1999-2000 for Landscaping and Lighting Assessment District #2 - Gemini Court Benefit Zone, and to direct the Clerk to submit a certified copy of the resolution and assessment to the Santa Clara County Tax Collector. No one from the audience addressed this issue. Motion by Mr. Pirzynski, seconded by Mrs. Lubeck, to close the public hearing. Carried by a vote of 4 ayes. Mr. Attaway absent. HEARINGS CONTINUED GEMINI COURT BENEFIT ZONE/CONT. Motion by Mr. Pirzynski, seconded by Mrs. Lubeck, that Council adopt Resolution 1999-96 entitled, RESOLUTION OF THE TOWN OF LOS GATOS CONFIRMING DIAGRAM AND ASSESSMENT, AND LEVYING AND AUTHORIZING COLLECTION OF ASSESSMENTS FOR LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT #2 - GEMINI COURT BENEFIT ZONE FOR FISCAL YEAR 1999-2000. Carried by a vote of 4 ayes. Mr. Attaway absent. VASONA HEIGHTS BENEFIT ZONE/LAND & LIGHT #1/RESOLUTION 1999-97 (34.28) Mayor Hutchins stated that this was the time and place duly noted for public hearing to consider protests and adopt resolution confirming the diagram and assessments, and levying and authorizing collection of assessment for fiscal year 1999-2000 for Landscaping and Lighting Assessment District #1 - Vasona Heights Benefit Zone, and to direct the Clerk to submit a certified copy of the resolution and assessment to the Santa Clara County Tax Collector. No one from the audience addressed this issue. Motion by Mr. Pirzynski, seconded by Mrs. Lubeck, to close the public hearing. Carried by a vote of 4 ayes. Mr. Attaway absent. Motion by Mr. Pirzynski, seconded by Mrs. Lubeck, that Council adopt Resolution 1999-97 entitled, RESOLUTION OF THE TOWN OF LOS GATOS CONFIRMING DIAGRAM AND ASSESSMENT, AND LEVYING AND AUTHORIZING COLLECTION OF ASSESSMENTS FOR LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT #1 - VASONA HEIGHTS BENEFIT ZONE FOR FISCAL YEAR 1999-2000. Carried by a vote of 4 ayes. Mr. Attaway absent. SANTA ROSA HEIGHTS BENEFIT ZONE/LAND & LIGHT #1/RESOLUTION 1999-98 (35.28) Mayor Hutchins stated that this was the time and place duly noted for public hearing to consider protests and adopt resolution confirming the diagram and assessments, and levying and authorizing collection of assessment for fiscal year 1999-2000 for Landscaping and Lighting Assessment District #1 - Santa Rosa Heights Benefit Zone, and to direct the Clerk to submit a certified copy of the resolution and assessment to the Santa Clara County Tax Collector. No one from the audience addressed this issue. Motion by Mr. Pirzynski, seconded by Mrs. Lubeck, to close the public hearing. Carried by a vote of 4 ayes. Mr. Attaway absent. Motion by Mr. Pirzynski, seconded by Mrs. Lubeck, that Council adopt Resolution 1999-98 entitled, RESOLUTION OF THE TOWN OF LOS GATOS CONFIRMING DIAGRAM AND ASSESSMENT, AND LEVYING AND AUTHORIZING COLLECTION OF ASSESSMENTS FOR LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT #1 - SANTA ROSA HEIGHTS BENEFIT ZONE FOR FISCAL YEAR 1999-2000. Carried by a vote of 4 ayes. Mr. Attaway absent. HEARINGS CONTINUED HILLBROOK BENEFIT ZONE/LAND & LIGHT #1/RESOLUTION 1999-99 (36.28) Mayor Hutchins stated that this was the time and place duly noted for public hearing to consider protests and adopt resolution confirming the diagram and assessments, and levying and authorizing collection of assessment for fiscal year 1999-2000 for Landscaping and Lighting Assessment District #1 - Hillbrook Benefit Zone, and to direct the Clerk to submit a certified copy of the resolution and assessment to the Santa Clara County Tax Collector. No one from the audience addressed this issue. Motion by Mr. Pirzynski, seconded by Mrs. Lubeck, to close the public hearing. Carried by a vote of 4 ayes. Mr. Attaway absent. Motion by Mr. Pirzynski, seconded by Mrs. Lubeck, that Council adopt Resolution 1999-99 entitled, RESOLUTION OF THE TOWN OF LOS GATOS CONFIRMING DIAGRAM AND ASSESSMENT, AND LEVYING AND AUTHORIZING COLLECTION OF ASSESSMENTS FOR LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT #1 - HILLBROOK BENEFIT ZONE FOR FISCAL YEAR 1999-2000. Carried by a vote of 4 ayes. Mr. Attaway absent. PAST MIDNIGHT Motion by Mr. Pirzynski, seconded by Mrs. Lubeck, to continue the meeting past midnight. Carried by a vote of 3 ayes. Mr. Attaway absent. Mr. Hutchins voted no. ENGLEWOOD AVENUE TRAFFIC ISSUES (08.40) Gregg Moss, 16788 Littlefield Lane, spoke regarding the traffic problems on Englewood and questioned the County's report on traffic in this area. This report has been accepted by Council and he questions Council's interest in this problem when the report says there is no problem. He spoke of his own report compiled during hours that children and senior citizens are walking on these streets. Motion by Mr. Blanton, seconded by Mrs. Lubeck, to direct staff to conduct a Town study of the traffic conditions in the Englewood area, and/or to obtain Santa Clara County's complete traffic report regarding traffic in this neighborhood. Whether Town has the opportunity to analyze the County's study or to conduct its own it will not spend over $2,500 on studying this subject. Council needs to consider comparative data before making any decisions. Carried by a vote of 4 ayes. Mr. Attaway absent. UNIVERSITY AVENUE 565/CAMPO DI BOCCE/USE PERMIT MODIFICATION (37.09) Motion by Mrs. Lubeck, seconded by Mr. Blanton, to continue this item one month to July 19, 1999 for the owners to work out the details to the modification request. Carried by a vote of 4 ayes. Mr. Attaway absent. COUNCIL MEETING CALENDAR/NORTH FORTY DISCUSSION (02.10) JOINT SESSION WITH PLANNING COMMISSION & COUNCIL Motion by Mrs. Lubeck, seconded by Mr. Blanton, to continue to review the dates for this joint session. At this time at least one councilmember will not be able to attend on the dates which were proposed for the meeting. It was decided to pursue July 20th as an option with August 4th as a backup. Carried by a vote of 4 ayes. Mr. Attaway absent. ADJOURNMENT Mayor Hutchins adjourned this evening's meeting at 12:33 a.m. ATTEST: Marian V. Cosgrove Town Clerk