M 09-07-99TOWN OF LOS GATOS
CALIFORNIA
TOWN COUNCIL/PARKING AUTHORITY
JOINT REDEVELOPMENT AGENCY
September 7, 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., Tuesday, September 7, 1999, in joint regular session.
ROLL CALL
Present:Randy Attaway (Arrived at the meeting at 10:13 p.m. in time for the
continued Council/Agency Closed Session), Steven Blanton, Linda Lubeck, Joe
Pirzynski,
and Chairman/Mayor Jan Hutchins.
Absent:None
PLEDGE OF ALLEGIANCE
Given by all in attendance.
CLOSED SESSION
Mayor Hutchins announced that Closed Session, which was scheduled prior to
this evening's meeting, has been continued to after the public meeting is
concluded later tonight.
ARTS COMMISSION/APPOINTMENT/TERRI HOPE (000.20)
Mayor Hutchins announced that one application had been received from Terri
Hope for the one vacancy on the Arts Commission. Voting was held and Ms
Hope was appointed to a term expiring July 1, 2002.
BOARD OF APPEALS/APPOINTMENT (XX.20)
Mayor Hutchins announced that no applications had been received for the one
vacancy on the Board of Appeals. This vacancy will be readvertised.
HISTORIC PRESERVATION COMMITTEE/APPOINTMENT/CAROLYN KLINGLER
(000.20)
Mayor Hutchins announced that one application had been received from Carolyn
Klingler for the one vacancy on the Historic Preservation Committee. Voting was
held and Ms Klingler was appointed to term expiring August 1, 2003.
PARKING COMMISSION/APPOINTMENT/RICHARD ANDERSON (XYY.20)
Mayor Hutchins announced that one application had been received from Richard
Anderson for one vacancy on the Parking Commission. Voting was held and Mr.
Anderson was appointed to a term expiring January 1, 2003.
PERSONNEL BOARD/APPOINTMENTS/ROBERT DELGADO/EDWARD MATCHAK
(XYX.20)
Mayor Hutchins announced that two applications had been received from Robert
Delgado and Edward Matchak for two vacancies on the Personnel Board. Voting
was held and Mr. Delgado and Mr. Matchak were appointed to terms expiring
September 1, 2004.
PRESENTATIONS FROM THE TOWN TO ITS EMPLOYEES FOR YEARS OF SERVICE
(00.44)
Mayor Hutchins presented Commendations to two Town Employees for their
years of service. He thanked Kenneth Berry for his 21 years with the Town and
Ronald Dunn for his 25 years of continued service to the Town. Both recipients
came forward to receive their commendations.
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.
COUNCIL CALENDAR OF MEETINGS (04.47)
Informational item presenting future Town Meetings for Council and other Town
Boards and Commissions was received and filed.
RATIFICATION OF PAYROLL/JULY-AUGUST 1999 (05.V)
Motion by Mr. Blanton, seconded by Mr. Pirzynski, that Council ratify the
check registers for the payrolls of July 11 through July 24, 1999 paid on July 30,
1999; July 25 through August 7, 1999 paid on August 13, 1999; and August 8
through August 21, 1999 paid on August 27, 1999 in the amount of
$1,177,863.90. Carried by a vote of 4 ayes. Mr. Attaway absent.
ACCOUNTS PAYABLE/RATIFICATION/JULY-AUGUST 1999 (06.V)
Motion by Mr. Blanton, seconded by Mr. Pirzynski, that Council ratify the
accompanying check registers for accounts payable invoices paid on July 23,
July 30, August 6, August 13, August 20 and August 27, 1999, in the amount of
$1,624,329.33. Carried by a vote of 4 ayes. Mr. Attaway absent.
MINUTES OF AUGUST 2, 1999 (07.V)
Motion by Mr. Blanton, seconded by Mr. Pirzynski, that Council approve the
Minutes of August 2, 1999 Town Council/Redevelopment Agency Meeting as
submitted. Carried by a vote of 4 ayes. Mr. Attaway absent.
ANNUAL REPORT/FY 1998-1999 (08.05)
Motion by Mr. Blanton, seconded by Mr. Pirzynski, that Council accept and
file Annual Report for Fiscal Year 1998-1999. Carried by a vote of 4 ayes. Mr.
Attaway absent.
SCORCHER T-A/B.F.GOODRICH TIRES/RESOLUTION 1999-127 (09.09)
Motion by Mr. Blanton, seconded by Mr. Pirzynski, that Council adopt
Resolution 1999-127 entitled, RESOLUTION OF THE TOWN OF LOS GATOS
OPPOSING THE MARKETING OF A NEW LINE OF TIRES BY B.F.
GOODRICH TIRES CALLED THE "SCORCHER T/A." Carried by a vote of 4
ayes. Mr. Attaway absent.
LIBRARY YOUTH SERVICES AND TECHNOLOGY GRANT (10.44)
Motion by Mr. Blanton, seconded by Mr. Pirzynski, to authorize the Town
Manager to accept Library Services and Technology Act (LSTA) Grant of
$10,000 for Youth Services Materials. Carried by a vote of 4 ayes. Mr. Attaway
absent.
LOS GATOS CREEK TRAIL/PRJ 9926/RESOLUTION 1999-128 (11.35)
Motion by Mr. Blanton, seconded by Mr. Pirzynski, that Council adopt
Resolution 1999-128 entitled, RESOLUTION OF THE TOWN OF LOS GATOS
ACCEPTING WORK OF RE-NEW SEALERS, INC. PROJECT 9926 - LOS
GATOS CREEK TRAIL RENOVATION 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.
PLAZA PARK LIGHTING/PRJ 9930/RESOLUTIONS 1999-129 (12.35)
Motion by Mr. Blanton, seconded by Mr. Pirzynski, that Council adopt
Resolution 1999-129 entitled, RESOLUTION OF THE TOWN OF LOS GATOS
ACCEPTING WORK OF GIACALONE ELECTRICAL SERVICES, INC. -
PROJECT 9930 - PARK LIGHTING 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.
MECHANICAL-ELECTRICAL FACILITIES UPGRADES/RESOLUTION 1999-130
(13.28)
Motion by Mr. Blanton, seconded by Mr. Pirzynski, that Council adopt
Resolution 1999-130 entitled, RESOLUTION OF THE TOWN OF LOS GATOS
AUTHORIZING THE TOWN MANAGER TO ENTER INTO AN AGREEMENT
FOR $58,304 WITH D.Y.M.E., INC. TO PROVIDE PROJECT 9939
MECHANICAL AND ELECTRICAL UPGRADES OF TOWN FACILITIES.
Carried by a vote of 4 ayes. Mr. Attaway absent.
HAZARDOUS VEGETATION (WEEDS) ABATEMENT/RESOLUTION 1999-131
(15.28)
Motion by Mr. Blanton, seconded by Mr. Pirzynski, that Council adopt
Resolution 1999-131 entitled, RESOLUTION OF THE TOWN OF LOS GATOS
AUTHORIZING THE TOWN MANAGER TO EXECUTE FIFTH AMENDMENT
TO AGREEMENT WITH THE SANTA CLARA COUNTY FIRE MARSHAL
INCREASING FEES FOR THE ABATEMENT OF HAZARDOUS VEGETATION
(WEEDS). Carried by a vote of 4 ayes. Mr. Attaway absent.
AMICUS BRIEF/KATHLEEN R. VS. CITY OF LIVERMORE (16.01)
Motion by Mr. Blanton, seconded by Mr. Pirzynski, to authorize the Town
Attorney to join the Town of Los Gatos in the Amicus Curiae Brief in Kathleen R.
vs. City of Livermore, Court of Appeal, First District, Division 4. Carried by a
vote of 4 ayes. Mr. Attaway absent.
AMICUS BRIEF/HEADLANDS RESERVE VS. CITY OF DANA POINT (17.01)
Motion by Mr. Blanton, seconded by Mr. Pirzynski, to authorize the Town
Attorney to join the Town of Los Gatos in the Amicus Curiae Brief in Headlands
Reserve LLP vs. City of Dana Point, Court of Appeal, Fourth District, Division 3;
Case # 4th Civil G024366. Carried by a vote of 4 ayes. Mr. Attaway absent.
AMICUS BRIEF/EAST BAY ASIAN LOCAL VS. STATE OF CALIFORNIA (18.01)
Motion by Mr. Blanton, seconded by Mr. Pirzynski, to authorize the Town
Attorney to join the Town of Los Gatos in the Amicus Curiae Brief in East Bay
Asian Local Development Corporation, Et Al. vs. State of California, California
Supreme Court; Case # S077396. Carried by a vote of 4 ayes. Mr. Attaway
absent.
BLOSSOM HILL ROAD 615/PLACER OAKS/ZONE CHANGE/RESOLUTION 1999-
132 (19.09)
Motion by Mr. Blanton, seconded by Mr. Pirzynski, that Council adopt
Resolution 1999-132 entitled, RESOLUTION OF THE TOWN OF LOS GATOS
REMANDING A GENERAL PLAN AMENDMENT TO CHANGE THE LAND
USE DESIGNATION FROM LOW DENSITY RESIDENTIAL TO MEDIUM
FAMILY RESIDENTIAL, AND A PLANNED DEVELOPMENT TO CHANGE
THE ZONING DESIGNATION FROM R-1:8 AND RM:5-12 TO RM:5-12:PD
TO CONSTRUCT 56 APARTMENTS UNITS. Carried by a vote of 4 ayes. Mr.
Attaway absent.
VERBAL COMMUNICATIONS
North 40 Weekly Article:
Shirley Hendersen, 98 W. Main, Antequarium, thanked Linda Lubeck for her
article concerning the North 40 section of Los Gatos Boulevard and for her
explanation of the planning and thought that has gone into establishing a plan for
that area.
Larry Arzie, 18000 Overlook Road, also noted the excellent article and asked
that a specific plan for the North 40 be adopted soon.
Wildlife Center of Silicon Valley:
Freddy Howell, Wild Bird Center, 792 Blossom Hill Road, asked that Council
reconsider its prior action concerning funding for the Wildlife Center and place
this subject on the next agenda for further consideration. Council Consensus to
place this issue on the September 20, 1999 agenda.
HEARINGS
LOS GATOS-SARATOGA ROAD 275/CHEVRON/APPEAL (21.09)
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).
No one from the audience addressed this issue.
Motion by Mrs. Lubeck, seconded by Mr. Pirzynski, to continue this item to
November 1, 1999 per the applicant's request. Carried by a vote of 4 ayes. Mr.
Attaway absent.
BLOSSOM HILL ROAD 14734/SKY LANE 14725/PLANNED
DEVELOPMENT/HEARING (22.09)
Consider a request to modify a Planned Development zoned HR-1:PD to allow a
Lot Line Adjustment and Rezoning of approximately 3,000 square feet of open
space from HR-1:PD to HR-5 to retain an existing single family residence
encroaching into the designated open space. An Environmental Impact Report
was previously prepared for this project. Development Application DEV-99-003.
Development Application DEV-99-004. Lot Line Application M-99-004. Property
Location: 14734 Blossom Hill Road/14725 Sky Lane. Property Owner:
SummerHill Blossom Ltd./Edward & Grace Nino Trust. Applicant: SummerHill
Homes/Edward & Grace Nino Trust.
HEARINGS CONTINUED
BLOSSOM HILL ROAD 14734/SKY LANE 14725/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.
Mr. Hutchins made the following findings: that this project is consistent with
the previously adopted EIR, Statement of Overriding Considerations, and the
Mitigation Monitoring Plan previously prepared for the project, because there is
no significant change to the development, it just changes the lot line slightly; and
that the Zone Change is consistent with the General Plan and Hillside Specific
Plan, because there's no physical change other than the existing fence and the
project maintains existing structures. Carried by a vote of 4 ayes. Mr. Attaway
absent.
The Town Clerk read the Title to the Proposed Ordinance.
Motion by Mr. Pirzynski, seconded by Mrs. Lubeck, to waive the reading of
the Proposed Ordinance. Carried by a vote of 4 ayes. Mr. Attaway absent.
Motion by Mr. Hutchins, seconded by Mrs. Lubeck, that Council introduce
Proposed Ordinance entitled, ORDINANCE OF THE TOWN OF LOS GATOS
AMENDING THE BOUNDARIES AND PERFORMANCE STANDARDS OF
ORDINANCE 2047, EFFECTING A ZONE CHANGE FROM RC TO HR-1:PD AT
14734 BLOSSOM HILL ROAD; AND REZONING OF APPROXIMATELY
3,000 SQUARE FEET FROM HR-1:PD TO HR-5 AT 14725 SKY LANE.
Carried by a vote of 4 ayes. Mr. Attaway absent.
LAW ENFORCEMENT SERVICES FUNDS (SLESF)/RESOLUTION 1999-133 (23.09)
Consider request to use supplemental law enforcement services funds (SLESF)
granted to the town to provide continued funding for one (1) police officer to
remain assigned to the Santa Clara County specialized enforcement team; and
consider adoption of resolution authorizing the use of supplemental local law
enforcement funds (SLESF) to continue funding one (1) full-time police officer
assigned to the Santa Clara County Specialized Enforcement Team (SCCSET).
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 1999-133 entitled, RESOLUTION OF THE TOWN OF LOS GATOS
AUTHORIZING THE EXPENDITURE OF FUNDS FROM THE SUPPLEMENTAL
LAW ENFORCEMENT SERVICES FUND FOR THE CONTINUATION OF
FUNDING OF ONE POLICE OFFICER ASSIGNED TO THE SANTA CLARA
COUNTY SPECIALIZED ENFORCEMENT TEAM. Carried by a vote of 4 ayes.
Mr. Attaway absent.
HEARINGS CONTINUED
GLEN RIDGE AVENUE 133/RESIDENTIAL REMODEL/APPEAL (20.09)
Mayor Hutchins stated that this was the time and place duly noted for public
hearing to consider appeal of the decision of the Planning Commission denying a
request for Architecture and Site approval to exceed the FAR for a pre-1941
single family residence on property zoned R-1:8. Project Application PRJ-98-
250. Property Location: 133 Glen Ridge Avenue. Property Owner\Applicant\
Appellant: Larry J. and Karin Willard. (Continued from 7/6/99 and 8/2/99.)
No one from the audience spoke to 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, to uphold the Planning
Commission's decision and deny the application to exceed the FAR for PRJ-98-
250 at 133 Glen Ridge Avenue. Carried by a vote of 4 ayes. Mr. Attaway
absent.
COUNTY REFERRALS (02.47)
Marc Whyte, 16376 Camellia Terrace, spoke to Council about his project and
asked Council to take the time to review his concerns and consider approval of a
variance.
Motion by Mrs. Lubeck, seconded by Mr. Pirzynski, that Council continue this
item to September 20, 1999 in order to do some research on the proposal:
NUMBER LOCATION APPLICANT REQUEST
RECOMMENDATION
7513 16376 Camellia Terrace Marc Whyte Variance Denial
Carried by a vote of 4 ayes. Mr. Attaway absent.
INITIATING ANNEXATION PROCEEDINGS/SETTING PUBLIC HEARINGS
DESIGNATED AREAS TO THE TOWN OF LOS GATOS (14A-B-C-D-E-F-G-H.14)
Mayor Hutchins stated that this was the time and place duly noted to consider
adopting resolutions initiating proceedings and setting public hearing dates for
pocket annexations for designated areas to the Town of Los Gatos.
The following people from the audience spoke to this issue:
Roger Goldthwaite, 16477 Hilow Road, would like this item dropped from the
agenda and no longer considered. Does not want to have the hearings. Wants
to maintain his County status. The issue has arisen several times before and
been voted down.
Gunther Greszik, 15654 Blossom Hill Road, spoke against the proceedings.
Thomas McGlashen, 5041 Wilma Way, San Jose, spoke for his mother Irene
McGlashen, 15910 Cherry Blossom, against annexation and the continuation of
the proceedings.
Donald Housman, 16369 Hilow Road, spoke against annexation.
Donna Geary, 16341 Hilow Road, spoke concerning the large turn out of voters
against annexation during the last election concerning this matter. She noted the
great amount of work the County and Town must go through to do this and the
work the residents must do to opposed the annexation. She asked that Council
discontinue the process.
Christian Evensen, 16030 Escobar Ave., spoke against annexation.
INITIATING ANNEXATION PROCEEDINGS CONT.
Speakers continued:
Delores Evensen, 16030 Escobar Ave., spoke against annexation and noted
that this would be a particular hardship on renters in these pockets, giving
reasons as to how they would be impacted during these proceedings.
Don Wheadon, County representative, gave the County's reasons for initiating
these proceedings for annexation at this time. He noted that the pockets would
receive more service from the Town because of proximity, and he spoke about
cost effectiveness for the County in not having to service pockets which are
scattered and difficult to serve.
No one else from the audience addressed this issue.
Council discussed the concerns and proceeded to adopt the following
resolutions concerning the designated areas to be annexed to the Town of Los
Gatos.
BLOSSOM HILL MANOR #8/ANNEXATION/RESOLUTION 1999-134 (14A.14)
Motion by Mrs. Lubeck, seconded by Mr. Pirzynski, that Council adopt
Resolution 1999-134 entitled, RESOLUTION OF THE TOWN OF LOS GATOS
INITIATING PROCEEDING FOR THE ANNEXATION OF CERTAIN
INHABITED TERRITORY DESIGNATED AS BLOSSOM HILL MANOR #8 TO
THE TOWN OF LOS GATOS. Carried by a vote of 4 ayes. Mr. Attaway absent.
BLOSSOM HILL MANOR #7/ANNEXATION/RESOLUTION 1999-135 (14B.14)
Motion by Mrs. Lubeck, seconded by Mr. Pirzynski, that Council adopt
Resolution 1999-135 entitled, RESOLUTION OF THE TOWN OF LOS GATOS
INITIATING PROCEEDING FOR THE ANNEXATION OF CERTAIN
INHABITED TERRITORY DESIGNATED AS BLOSSOM HILL MANOR #7 TO
THE TOWN OF LOS GATOS. Carried by a vote of 4 ayes. Mr. Attaway absent.
CAMINO DEL CERRO #10/ANNEXATION/RESOLUTION 1999-136 (14C.14)
Motion by Mrs. Lubeck, seconded by Mr. Pirzynski, that Council adopt
Resolution 1999-136 entitled, RESOLUTION OF THE TOWN OF LOS GATOS
INITIATING PROCEEDING FOR THE ANNEXATION OF CERTAIN
INHABITED TERRITORY DESIGNATED AS CAMINO DEL CERRO #10 TO
THE TOWN OF LOS GATOS. Carried by a vote of 4 ayes. Mr. Attaway absent.
PEACOCK LANE #2/ANNEXATION/RESOLUTION 1999-137 (14D.14)
Motion by Mrs. Lubeck, seconded by Mr. Pirzynski, that Council adopt
Resolution 1999-137 entitled, RESOLUTION OF THE TOWN OF LOS GATOS
INITIATING PROCEEDING FOR THE ANNEXATION OF CERTAIN
INHABITED TERRITORY DESIGNATED AS PEACOCK LANE #2 TO THE
TOWN OF LOS GATOS. Carried by a vote of 4 ayes. Mr. Attaway absent.
SHANNON ROAD #20/ANNEXATION/RESOLUTION 1999-138 (14E.14)
Motion by Mrs. Lubeck, seconded by Mr. Pirzynski, that Council adopt
Resolution 1999-138 entitled, RESOLUTION OF THE TOWN OF LOS GATOS
INITIATING PROCEEDING FOR THE ANNEXATION OF CERTAIN
INHABITED TERRITORY DESIGNATED AS SHANNON ROAD #20 TO THE
TOWN OF LOS GATOS. Carried by a vote of 4 ayes. Mr. Attaway absent.
INITIATING ANNEXATION PROCEEDINGS CONT.
MARCHMONT DRIVE #1/ANNEXATION/RESOLUTION 1999-139 (14F.14)
Motion by Mrs. Lubeck, seconded by Mr. Pirzynski, that Council adopt
Resolution 1999-139 entitled, RESOLUTION OF THE TOWN OF LOS GATOS
INITIATING PROCEEDING FOR THE ANNEXATION OF CERTAIN
INHABITED TERRITORY DESIGNATED AS MARCHMONT DRIVE #1 TO THE
TOWN OF LOS GATOS. Carried by a vote of 4 ayes. Mr. Attaway absent.
ROBIE LANE #3/ANNEXATION/RESOLUTION 1999-140 (14G.14)
Motion by Mrs. Lubeck, seconded by Mr. Pirzynski, that Council adopt
Resolution 1999-140 entitled, RESOLUTION OF THE TOWN OF LOS GATOS
INITIATING PROCEEDING FOR THE ANNEXATION OF CERTAIN
INHABITED TERRITORY DESIGNATED AS ROBIE LANE #3 TO THE TOWN
OF LOS GATOS. Carried by a vote of 4 ayes. Mr. Attaway absent.
LA RINCONADA #6/ANNEXATION/RESOLUTION 1999-141 (14H.14)
Motion by Mrs. Lubeck, seconded by Mr. Pirzynski, that Council adopt
Resolution 1999-141 entitled, RESOLUTION OF THE TOWN OF LOS GATOS
INITIATING PROCEEDING FOR THE ANNEXATION OF CERTAIN
INHABITED TERRITORY DESIGNATED AS LA RINCONADA #6 TO THE
TOWN OF LOS GATOS. Carried by a vote of 4 ayes. Mr. Attaway absent.
PARKING STRUCTURES/LOTS 2 & 13/CONCEPTUAL DESIGNS (24.40)
Gordon H. Chong & Partners, Architects for the project, made presentation to
Council. Jeff Adams, and Sam Nunes, associates with the company, presented
key information and presented issues for Council's consideration.
Council Consensus to accept and file report on schedule of meetings regarding
conceptual design of parking structures on Municipal Parking Lots 2 and 13 and
to allow the Parking Commission to determine the best date to hold a study
session for the public regarding these options. The dates chosen were
Saturdays, October 9th or October 16th, 1999.
UNIVERSITY 565-573/SANTA CRUZ N 536/CAMPO DI BOCCE/RESOLUTION
1999-142 (25.09)
Mayor Hutchins stated that this was the time and place duly noted to consider
decision of the Planning Commission denying a request to modify an existing use
permit concerning the number of inside and outside seats and the hours of
operation and approval of a Variance to increase the number of seats permitted
by providing off-site parking for property located in the LM zone. Also an appeal
of the decision of the Planning Commission denying a request for a Conditional
Use Permits for alternate use of parking for Campo di Bocce on properties zoned
LM and C-1. Project Application PRJ-97-059 (modification to Conditional Use
Permit.) Variance Application V-97-003. Project Applications PRJ-98-248 &
PRJ-98-249 (CUP for alternate parking.) Property Owners: Campo di Bocce of
Los Gatos, LLC.,Green Valley Disposal/Joe Zanardi and OD Technology/Lowell
Noble. Applicant: Tom Albanese/Campo di Bocce.
UNIVERSITY 565-573/SANTA CRUZ N 536/CAMPO DI BOCCE/RESOLUTION
1999-142/CONT.
Motion by Mrs. Lubeck, seconded by Mr. Blanton, that Council adopt
Resolution 1999-142 entitled, RESOLUTION OF THE TOWN OF LOS GATOS
GRANTING IN PART AN APPEAL OF A PLANNING COMMISSION
DECISION TO DENY MODIFICATION OF A CONDITIONAL USE PERMIT
CONCERNING OUTSIDE SEATS AND HOURS OF OPERATION AND A
VARIANCE TO INCREASE THE NUMBER OF SEATS PERMITTED BY
PROVIDING OFF-SITE PARKING OF A PROPERTY LOCATED IN THE LN
ZONE; AND GRANTING APPEAL OF DECISION OF THE PLANNING
COMMISSION DENYING CONDITIONAL USE PERMITS FOR ALTERNATIVE
USE OF PARKING FOR CAMPO DI BOCCE ON PROPERTIES ZONED LM
AND C-1. Carried by a vote of 4 ayes. Mr. Attaway absent.
PLANNING COMMISSION/MEETINGS WITH APPLICANTS/PUBLIC HEARINGS
(26.20)
Council consensus to acknowledge that this policy is to control more of the
technical items being discussed and to keep the public meetings focused on the
overall larger decisions. That Council direct the Town Attorney to prepare a
resolution amending the current policy.
PARKING STRUCTURE FUNDING/PUBLIC OPINION SURVEY REPORT (27.40)
Council consensus to accept and file the Public Opinion Survey report regarding
parking garage funding.
GENERAL PLAN UPDATE/PUBLIC INPUT (28.47)
Council consensus to accept and file the report on ways to obtain public input
on the General Plan Update. A grass roots neighborhood meeting is best if the
intention is to gather public input and participation. Community wide meetings
tend to be too big for full participation.
RENTAL DISPUTE PROGRAM/RESOLUTION 1999-143/ORDINANCE
INTRODUCTION (29.44)
The Town Clerk read the Title of the Proposed Ordinance.
Motion by Mrs. Lubeck, seconded by Mr. Pirzynski, to waive the reading of the
Proposed Ordinance. Carried by a vote of 4 ayes. Mr. Attaway absent.
Motion by Mrs. Lubeck, seconded by Mr. Pirzynski, that Council introduce
Proposed Ordinance entitled, ORDINANCE OF THE TOWN OF LOS GATOS
AMENDING THE LOS GATOS TOWN CODE - CHAPTER 14.80, RENTAL
AND OTHER TENANT/LANDLORD DISPUTES (SECTIONS 14.80.045 -
14.80.240.) Carried by a vote of 4 ayes. Mr. Attaway absent.
Motion by Mrs. Lubeck, seconded by Mr. Pirzynski, that Council adopt
Resolution 1999-143 entitled, RESOLUTION OF THE TOWN OF LOS GATOS
ADOPTING REVISED RENTAL DISPUTE RESOLUTION REGULATIONS AND
RESCINDING RESOLUTION 1998-48, RESOLUTION OF THE TOWN
COUNCIL OF THE TOWN OF LOS GATOS ADOPTING REVISED RENTAL
DISPUTE RESOLUTION REGULATIONS AND RESCINDING RESOLUTION
1989-210. Carried by a vote of 4 ayes. Mr. Attaway absent.
FANTASY OF LIGHTS/ARTS COMMISSION REQUEST (30.20)
Mayor Hutchins stated that this was the time and place duly noted to consider
David Breidenthal's request for the Town to co-sponsor a "Fantasy of Lights"
event.
The following people from the audience spoke to this issue:
David Breidenthal, P.O. Box 514, Los Gatos, spoke of the many service clubs
in Los Gatos that have participated in the consideration of this event with the Arts
Commission. He noted the Lions, Rotary, Chamber of Commerce, Los Gatos
Community Foundation, Recreation Department, Town staff and many others.
He noted that the Arts Commission has been working on this project as a means
of raising funds for possible projects it has considered. He asked that the
Council sponsor the Arts Commission as a co-sponsor in the Fantasy of Lights
program which will be held in the County Park this year. The Arts Commission
has requested that Council simply endorse the project if the County is willing to
provide 10% of the proceeds to the Town.
Tamara Shear, County Parks and Recreation Department, spoke of the County
resources that have already been committed to this project. She noted that the
County did want support from the Town and would be working with local service
clubs to help put on the event. These groups would hopefully be reimbursed for
their time and efforts by some agreed upon system between the County and the
organizations.
Gloria LeBlanc, Community Foundation, 240 Montclair Road, explained that the
County could not pay the service organizations directly and that a vehicle must
be identified by which to reimburse and distribute funds to the Arts Commission
and service organizations. Now that the Town is going to have the Festival of
Lights held within its boundaries, it seems appropriate for the Town to define a
way for some of the proceeds to remain in the community. The County can not
pay charities or service organizations, but the County should be able to pay the
Town of Los Gatos, who in turn should be able to reimburse its Commission and
others.
Shirley Henderson, spoke against the use of signs all over Town for this event.
No one else from the audience addressed this issue.
Council consensus to accept and file request for the Town to co-sponsor a
"Fantasy of Lights" event. If a way can be found for the County to contribute
funds to the Town for the Arts Commission, the Town will gladly accept them.
DIAGONAL PARKING/OLD TOWN/UNIVERSITY AVE 50 (31.09.40)
Larry Arzie and Shirley Henderson spoke about the need for Old Town to provide
parking areas for loading. They noted that these areas should not have to share
with regular customer parking.
Council consensus that the loading zones in front of 21-29 University Ave
remain loading only until after 4 p.m. on week days when it will become diagonal
parking for customers. Weekends will also be all day diagonal parking for
customers.
LEAGUE OF CALIFORNIA CITIES/ANNUAL CONFERENCE/VOTING DELEGATE
(32.10)
Council consensus that Steve Blanton be the voting delegate and Linda Lubeck
be the alternate at the League of California Cities Annual Conference to be held
on October 10-12, 1999 in San Jose.
COUNCIL COMMITTEE REPORTS (33.10)
Joe Pirzynski, reported on Trail and Bikeways Committee. He spoke about the
visit to the Hicks-Shannon site to observe the proposed trails. The committee will
be meeting again Thursday, September 9, 1999 to consider a recommendation.
ADJOURNMENT
Mayor Hutchins adjourned this evening's meeting at 10:13 p.m. to Closed
Session. At the conclusion of Closed Session, Attorney Korb will return to the
Council Chambers to make the report.
CLOSED SESSION
Town Attorney, Orry Korb, announced the Closed Session Report at 11:10 p.m.,
Tuesday, September 7, 1999.
Mr. Korb noted that Council had met in Closed Session after this evening's
regular scheduled council meeting pursuant to Government Code Section 54957,
regarding Public Employee Performance Evaluation (Town Attorney and Town
Manager), and no action was taken;
Pursuant to Government Code Section 54957.6, Council met to discuss Labor
Relations. Town Negotiator (Lead): Gary Rogers, Personnel Manager;
Employees, Town Manager and Town Attorney, and no action was taken;
And pursuant to Government Code Section 54956.9(c), regarding Anticipated
Litigation, Council Conferenced with Legal Counsel and voted 5-0 to authorize
the Town Attorney to conditionally initiate litigation against AT&T and/or TCI
regarding potential violation of a Franchise Assumption Agreement between TCI
and the Town of Los Gatos.
ADJOURNMENT
Attorney Korb adjourned the meeting at 11:13 p.m.
ATTEST:
Marian V. Cosgrove
Town Clerk