M 03-06-00TOWN OF LOS GATOS
CALIFORNIA
TOWN COUNCIL/PARKING AUTHORITY
JOINT REDEVELOPMENT AGENCY
March 6, 2000/Minutes
TOWN COUNCIL
The Town Council/Parking Authority/Redevelopment Agency of the Town of Los Gatos
met in the Council Chambers of the Town Hall, 110 East Main Street, at 7:30 p.m.,
Monday, March 6, 2000, in joint regular session.
ROLL CALL
Present:Randy Attaway, Jan Hutchins, Linda Lubeck,
Joe Pirzynski and Mayor/Chairman Steve Blanton.
Absent:None
PLEDGE OF ALLEGIANCE
Given by all in attendance.
CLOSED SESSION
Town Attorney, Orry Korb, reported that Council had met in Closed Session prior to this evening’s
meeting pursuant to Government Code Section 54957.6 to discuss Labor Negotiations. Lead Town
Negotiator: James Piper, Assistant Town Manager/Personnel Officer regarding Employee
Organization: Town Employees’ Association (TEA). Council gave direction. There was no
reportable action taken.
SCHEDULE OF PUBLIC HEARINGS (01.01)
Informational report regarding currently scheduled public hearings was received and filed.
COUNCIL CALENDAR OF MEETINGS (02.10)
Informational item presenting future Town Meetings for Council and other Town Boards
and Commissions was received and filed as it appeared in the desk item this evening.
RATIFICATION OF PAYROLL/FEBRUARY 2000 (03.V)
Motion by Mr. Hutchins, seconded by Mrs. Lubeck, that Council ratify the check
registers for the payrolls of February 6, 2000 through February 19, 2000, paid on February
25, 2000 in the amount of $382,221.44. Carried unanimously.
ACCOUNTS PAYABLE/RATIFICATION/FEBRUARY 2000 (04.V)
Motion by Mr. Hutchins, seconded by Mrs. Lubeck, that Council ratify the
accompanying check registers for accounts payable invoices paid on February 18, 2000,
and February 25, 2000 in the amount of $407,218.09. Carried unanimously.
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MINUTES OF FEBRUARY 22, 2000 (05A.V)
Motion by Mr. Hutchins, seconded by Mrs. Lubeck, that Council approve the Minutes of
the February 22, 2000 Town Council/Redevelopment Agency Meeting as submitted.
Carried by a vote of 4 ayes. Mr. Attaway abstained.
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MINUTES WITH JOINT PARKING COMMISSION FEBRUARY 28, 2000 (05B.V)
Motion by Mr. Hutchins, seconded by Mrs. Lubeck, that Council approve the Minutes of
February 28, 2000 Town Council/Redevelopment Agency Meeting/and Joint Parking
Commission as submitted. Carried unanimously.
CHESTER STREET 41/RESIDENTIAL REMODEL/RESOLUTION 2000-18 (07.09)
Motion by Mr. Hutchins, seconded by Mrs. Lubeck, that Council adopt Resolution
2000-18 entitled, RESOLUTION OF THE TOWN OF LOS GATOS GRANTING IN PART
AND REMANDING AN APPEAL OF A DECISION FROM THE PLANNING
COMMISSION DENYING THE REQUEST TO ADD A SECOND STORY ADDITION ON
PROPERTY ZONED R-1D. Carried by a vote of 4 ayes. Mr. Attaway abstained.
VERBAL COMMUNICATIONS
Hillside Plan:
David Weissman, 15431 Francis Oaks Way, spoke about hillside protection against
hillside development and asked if he could be included in the formulation of the report that
will appear on the April 3, 2000 agenda. Council concluded that he would have the same
opportunity as all interested parties in participating in the open and public meetings on this
subject.
Mobile Home Parks:
Jack Cole, 14685-53 Oka Road, asked that all references to mobile homes as “coaches”
be stricken from town reports regarding the mobile home park issue. Council requested
that staff be sensitive to this issue.
Planning Issues:
J. Ray Davis, resident spoke in general about town planning issues.
Music in the Plaza:
John Tice, 570 University Ave, spoke about continued support for the Music in the Plaza
program, and the possibility of expanding the program.
HEARINGS
MOBILE HOME PARK CONVERSION/WOODLAND AVENUE 484/HEARING (08.09)
Mayor Blanton stated that this was the time and place duly noted for public hearing to
consider request for approval of a Mobile Home Park Conversion Permit, and relocation
benefits issues, on property zoned RMH. Development Application DEV-97-007.
Applicant: Green Valley Corporation. Property Owner: Malcolm and Margaret McNelly.
The following people addressed council although the hearing portion of the item had been
closed at the February 22, 2000 meeting.
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Jack Cole, 14685-53 Oka Road, Bonnie View Mobile Home Park.
Nancy Burbank, 108 Belcrest Drive, League of Women Voters.
Betty Feldheym, 20184 Franklin Ave, Interfaith Council on Religion, Race, Economic and
Social Justice Housing Committee.
Martha Hoffman, 484 Woodland Ave, #72, Los Gatos Mobile Home Park.
Bill Krause, 484 Woodland Ave, #17, Los Gatos Mobile Home Park.
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HEARINGS CONTINUED
MOBILE HOME PARK CONVERSION/WOODLAND AVENUE 484/CONT.
Speakers Continued:
Doug McNelly, 5476 San Felipe Road, Los Gatos Mobile Home Park owner.
There were no others from the audience to address Council on this issue.
Motion by Mr. Pirzynski, seconded by Mrs. Lubeck, that Council find the adjusted in
place value as the appropriate determination for the relocation benefits issue.
(Discussion:
Mrs. Lubeck having studied this issue she has concluded that relocation of coaches
within a reasonable distance is not possible; Council needs to determine methodology to
be prepared for “if” the park closes there will be a system in place to proceed upon;
Adjusted in place value is a term which suggests fair market value should be the method
use to set relocation benefits.
Mr. Attaway believes the unadjusted value in place is fair since all parties involved have
been aware of this issue for fifteen years. He thinks the figures half way between adjusted
and unadjusted values would determine a more equitable figure for all parties involved.
Mr. Hutchins agrees with the halfway between value determination.
Mr. Blanton concurs with the midway determination and believes the value is somewhere
in between the two extremes.
Mr. Pirzynski noted that the park has been allowed to deteriorate in anticipation of
closure and there fore the in place value is far less than it could have been.
Mrs. Lubeck noted that the zoning for Mobile Home Park is still in place and there is no
plan for Council to change that zoning at this time, and it should be noted that rezoning is
very difficult to acquire in Los Gatos.)
Motion failed 3 to 2. Mr. Pirzynski and Mrs. Lubeck voted aye. Mr. Attaway, Mr.
Hutchins and Mr. Blanton voted no.
Motion by Mr. Hutchins, seconded by Mr. Attaway, that the fair market value be
established between 50 and 85% of the adjusted in place value at the time of closure.
(Council to ultimately revisit the final number from within that range.)
Discussion:
Mr. Hutchins asked that staff return to Council with a report under Other Business to
determine the exact figure based in the range under today’s circumstance. He asked for
columns to address several options of determination.
Mrs. Lubeck noted that the adjusted and unadjusted values would change over time since
they are based on Kelly Blue Book. Both values must be considered together at the time
the determination is made.
Mr. Hutchins amended his motion to accept staff’s definition and move forward with Mr.
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Attaway’s approval.
Mr. Blanton asked for additional information in a staff report which would compare some
options and Mrs. Lubeck agreed
Mr. Pirzynski asked if the 85% was off the table and only the 50% remained. That was
affirmed.
Motion failed 3 to 2. Mr. Hutchins and Mr. Attaway voted aye. Mr. Blanton, Mrs. Lubeck
and Mr. Pirzynski voted no.
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HEARINGS CONTINUED
MOBILE HOME PARK CONVERSION/WOODLAND AVENUE 484/CONT.
Motion by Mr. Blanton, seconded by Mr. Hutchins, that the fair market value be
established between 50 and 85% of the adjusted in place value at the time of closure,
(Council to ultimately revisit the final number from within that range.) and staff to return to
Council with additional figures and comparisons. Carried by a vote of 4 ayes. Mr.
Pirzynski voted no.
CHESTER 49/SECOND STORY ADDITION/APPEAL (09.09)
Mayor Blanton stated that this was the time and place duly noted for public hearing to consider an
appeal of the decision of the Planning Commission denying a Architecture and Site Application to
add a second story addition and to exceed the allowable Floor Area Ratio on property zoned R-1D.
Architecture and Site Application S-99-17. Property Location: 49 Chester Street. Property Owner/
Applicant/Appellant: Sandra Foster.
The following people addressed the Council concerning this issue:
Sandra Foster, 49 Chester, requested that her new plan be approved and be allowed to
extend over the FAR requirements since the change in floor size would in no way affect
the outside footprint and dimensions of the structure.
Ray Davis, Town resident, asked that Council consider the request of the applicant.
Julie Akina, 494 Wraight Ave, supported the proposal and asked Council to approve this
application and improvement to her neighborhood.
Bahjat Alaadel, 128 University Ave, supported the plan and asked for approval.
Kevin Crane, 54 Chester, supported the proposal.
Zoe Segnitz, 14811 Karl Ave, Monte Sereno, asked that the plans be approved.
Bobbie Cochrane, 52 Chester St, neighbor of the proposed project for approval of the
plans.
Craig Tetschlag, 50 Chester St, asked that this improvement be allowed in his
neighborhood, as he lives across the street and he completely supports this proposal.
Gina Delovenzi, 491Bird Ave, supported the project.
No one else from the audience addressed this issue.
Motion by Mr. Hutchins, seconded by Mr. Attaway, to close the public hearing. Carried
unanimously.
Motion by Mr. Hutchins, seconded by Mr. Attaway, to overturn the Planning
Commission’s decision due to error; and based on the new information received, to
remand the project to the Design Review Committee (DRC) for modification and redesign
consistent with Town policies; and to note that the change in the plans have met with
universal neighborhood approval and are therefore compatible. There will be no second
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set of fees for this process. Carried unanimously.
Mrs. Lubeck spoke to the record regarding findings concerning FAR. She noted that
floor area ratio is intended to serve as a guideline. Public hearings on the subject of floor
area ratio established why it is a guideline. The considerations that must be made to
exceed this policy are delineated in the zoning ordinance, and staff and Planning
Commission should relate this design to those sections speaking to mass and scale.
Applicant must convince staff and Planning Commission that the outward design is
compatible with the neighborhood and that this compatible design in essence hides the
floor area that is in question.
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ANNEXATION PROCESS/STATUS REPORT (10.14)
Mayor Blanton stated that this was the time and place duly noted to consider the status report on the
annexation proceedings and to give direction concerning future annexation policies.
Council consensus to not exercise it’s authority under Assembly Bill 1555, and to not proceed with
the annexation of any remaining county islands that comprise less than 75 acres.
Council consensus to work with the individuals in one particular location who have requested
annexation and to pursue annexation of individual pockets as prior policy allowed. Staff to work
with
County on reducing its fees for annexation of pockets to municipalities.
COUNCIL MEETING SCHEDULE (11.10)
Mayor Blanton noted that the March 13, 2000 meeting will be held as a study session with
the Parking Commission rather than as a regular meeting. That way there can be free
discussion regarding multiple options of pay for parking programs. The meeting will be
held at 7 P.M.
MID-YEAR BUDGET REPORT FOR 1999-00/RESOLUTION 2000-19 (06.05)
Motion by Mrs. Lubeck, seconded by Mr. Attaway, to accept and file the mid-year
budget report, and that Council adopt Resolution 2000-19 entitled, RESOLUTION OF THE
TOWN OF LOS GATOS AMENDING EMPLOYEE COMPENSATION. Carried
unanimously.
Motion by Mrs. Lubeck, seconded by Mr. Attaway, that a portion of Item 2, Budget
Adjustments, be authorized, but that the six projects listed on page 6, and consideration of
the parks & maintenance worker be continued for two weeks for Council’s opportunity to
review and discuss and factor in next year’s budget and salary negotiations. Carried
unanimously.
COUNCIL COMMITTEE REPORTS (12.10)
Mr. Blanton noted that the overhead slides make presentations clearer for the audience
and that staff should encourage applicants to make their presentations with slides.
Mr. Pirzynski attended the Santa Clara County Transportation Authority Community
Orientated Design Enhancements Program which is the organization that is working on the
light rail elements within the various communities. Being the last station on the line should
offer us some experience with working with VTA before it arrives, and becoming part of
this committee should produce benefits for Los Gatos.
Mr. Attaway noted that Jim Bell has said that VTA will be coming to Los Gatos in order to
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work on widening the approach ramps to Highway 17 at Highway 85 and Highway 9. This
will all be presented in the light of safety concerns.
Mayor Blanton requested that staff look into a new sound system for the Council
Chambers.
ADJOURNMENT
Motion by Mr. Pirzynski, seconded by Mr. Attaway, to adjourn this evening's meeting at
9:55 p.m. Carried unanimously.
ATTEST:Marian V. Cosgrove, Town Clerk
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