M 03-20-00TOWN OF LOS GATOS
CALIFORNIA
TOWN COUNCIL/PARKING AUTHORITY
JOINT REDEVELOPMENT AGENCY
March 20, 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 20, 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, announced that Closed Session had not been held this evening.
ARTS COMMISSION/APPOINTMENT (XX.20)
Mayor Blanton announced that no applications had been received for the one opening on
the Arts Commission. This vacancy will be readvertised.
BOARD OF APPEALS/APPOINTMENTS/TOM DODGE/ED MESERVE (YY.20)
Mayor Blanton announced that two applications had been received from Tom Dodge and
C. Edward Meserve for the three vacancies on the Board of Appeals. Voting was held and
Mr. Dodge and Mr. Meserve were appointed to terms expiring 01/01/02.
COMMUNITY SERVICES COMMISSION/APPOINTMENT/DOUGLAS PENNER (00.20)
Mayor Blanton announced that one application had been received from Douglas Penner
for one opening for a student member on the Community Services Commission. Voting
was held and Mr. Penner was appointed to term expiring 09/30/00.
GENERAL PLAN COMMITTEE/APPOINTMENT/PEGGY MARCUCCI (XY.20)
Mayor Blanton announced that two applications had been received from Chris Miller and
Peggy Marcucci for one opening on the General Plan Committee. Voting was held and Ms
Marcucci was appointed to term expiring 01/01/04.
PARKING COMMISSION/APPOINTMENT (XX.20)
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Redevelopment Agency Los Gatos, California
Mayor Blanton announced that no applications had been received for the one opening on
the Parking Commission. This vacancy will be readvertised.
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PARKS COMMISSION/APPOINTMENTS/DEBBIE GARY/APRIL MAITEN (YX.20)
Mayor Blanton announced that three applications had been received from Debbie Gary,
April Maiten and Chris Miller for two openings on the Parks Commission. Voting was held
and Ms Gary and Ms Maiten were appointed to terms expiring 04/01/04.
RENT ADVISORY COMMITTEE/APPOINTMENTS/KRAUS/MIRASSOU (XY.20)
Mayor Blanton announced that two applications had been received from William Kraus and
Gerry Mirassou for two openings on the Rent Advisory Committee. Voting was held and
Mr. Kraus and Mr. Mirassou were appointed to terms expiring 03/01/03.
SCHEDULE OF PUBLIC HEARINGS (01.01)
Informational report regarding currently scheduled public hearings was received and filed.
COUNTY REFERRALS (02.47)
Motion by Mr. Pirzynski, seconded by Mr. Hutchins, that Council accept report on County
Referrals:
NUMBER LOCATION APPLICATION REQUEST RECOMMENDATION
7697 14610 Clearview Drive Korns Special Permitl Approval/One Condition
Carried unanimously.
PLANNING COMMISSION/PLANNING DEPARTMENT MONTHLY STATUS REPORT (03.46)
Informational report regarding activity of Planning Commission and Department was received and
filed.
RATIFICATION OF PAYROLL/FEBRUARY-MARCH 2000 (04.V)
Motion by Mr. Pirzynski, seconded by Mr. Hutchins, that Council ratify the check register for the
payroll of February 26, 2000 through March 4, 2000, paid on March 10, 2000, in the amount of
$377,636.99. Carried unanimously.
ACCOUNTS PAYABLE/RATIFICATION/MARCH 2000 (05.V)
Motion by Mr. Pirzynski, seconded by Mr. Hutchins, that Council ratify the accompanying check
registers for accounts payable invoices paid on March 3, 2000, and March 10, 2000 in the amount
of $387,076.95. Carried unanimously.
MINUTES OF MARCH 6, 2000 (06.V)
Motion by Mr. Pirzynski, seconded by Mr. Hutchins, that Council approve the Minutes of March
6, 2000 Town Council/Redevelopment Agency Meeting as submitted. Carried unanimously.
TREASURER’S REPORT (07.V)
Informational report submitted by the Treasurer to the Council for the month ended
January 31, 2000 was received and filed.
AMICUS BRIEF/APARTMENT ASSOC OF LOS ANGELES/CITY OF LOS ANGELES (08.10)
Motion by Mr. Pirzynski, seconded by Mr. Hutchins, that Council authorize the Town Attorney
to join the Town of Los Gatos in the amicus curiae brief in the case of Apartment
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Association of Los Angeles County vs. City of Los Angeles, Supreme Court Docket
So82645, at no cost to the Town. Carried unanimously.
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MID-YEAR BUDGET REPORT/CONTINUED ITEMS (09.05)
Motion by Mr. Pirzynski, seconded by Mr. Hutchins, that Council authorize budget
adjustments for certain items presented in the mid-year budget report that were continued
to the March 20, 2000, Town Council meeting. Carried unanimously.
TRAFFIC CALMING POLICIES/ALL-WAY STOP SIGNS AT OLD TOWN (10.40)
Motion by Mr. Pirzynski, seconded by Mr. Hutchins, that Council authorize the retention of
all-way stop signs at University and Elm Street (Old Town) and the implementation of the
Town’s Traffic Calming Policy. Carried unanimously.
JUVENILE ACCOUNTABILITY INCENTIVE BLOCK GRANT/RESOLUTION 2000-20 (11.09)
Motion by Mr. Pirzynski, seconded by Mr. Hutchins, that Council adopt Resolution 2000-20
entitled, RESOLUTION OF THE TOWN OF LOS GATOS WAIVING RIGHT TO
JUVENILE ACCOUNTABILITY INCENTIVE BLOCK GRANT PROGRAM SUBGRANT
AWARD, AND AUTHORIZING THE FUNDS TO BE EXPENDED BY THE COUNTY OF
SANTA CLARA. Carried unanimously.
DISADVANTAGED BUSINESS ENTERPRISES/ PROGRAM/RESOLUTION 2000-21 (12A.47)
Motion by Mr. Pirzynski, seconded by Mr. Hutchins, that Council adopt Resolution 2000-21
entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN
MANAGER TO CONTINUE THE DISADVANTAGED BUSINESS ENTERPRISES (DBE)
PROGRAM, FROM SEPTEMBER 1, 1998 TO AUGUST 31, 1999. Carried unanimously.
DISADVANTAGED BUSINESS ENTERPRISES/ PROGRAM/RESOLUTION 2000-22 (12B.47)
Motion by Mr. Pirzynski, seconded by Mr. Hutchins, that Council adopt Resolution 2000-22
entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN
MANAGER TO CONTINUE THE DISADVANTAGED BUSINESS ENTERPRISES (DBE)
PROGRAM, FROM SEPTEMBER 1, 1999 TO AUGUST 31, 2000. Carried unanimously.
DISADVANTAGED BUSINESS ENTERPRISES/ PROGRAM/RESOLUTION 2000-23 (12C.47)
Motion by Mr. Pirzynski, seconded by Mr. Hutchins, that Council adopt Resolution 2000-23
entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN
MANAGER TO CONTINUE THE DISADVANTAGED BUSINESS ENTERPRISES (DBE)
PROGRAM, FROM SEPTEMBER 1, 2000 TO AUGUST 31, 2001. Carried unanimously.
CABLEVISION ASSUMPTION/TCI TO AT&T/RESOLUTION 2000-24 (14.47)
Motion by Mr. Pirzynski, seconded by Mr. Hutchins, that Council adopt Resolution 2000-24
entitled, RESOLUTION OF THE TOWN OF LOS GATOS APPROVING AMENDMENT
TO FRANCHISE ASSUMPTION AGREEMENT WITH TCI CABLEVISION OF
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CALIFORNIA, INC., dba AT&T CABLE SERVICES AND AUTHORIZING TOWN
MANAGER TO EXECUTE THE AMENDMENT. Carried unanimously.
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CHESTER STREET 49/RESIDENTIAL REMODEL/RESOLUTION 2000-25 (15.09)
Motion by Mr. Hutchins, seconded by Mr. Hutchins, that Council adopt Resolution 2000-
25 entitled, RESOLUTION OF THE TOWN OF LOS GATOS REMANDING AN APPEAL
OF A DECISION OF THE PLANNING COMMISSION DENYING AN ARCHITECTURE
AND SITE APPLICATION TO ADD A SECOND STORY ADDITION AND TO EXCEED
THE ALLOWABLE FLOOR AREA RATIO ON PROPERTY ZONED R-1D. Carried
unanimously.
MINUTES OF FEBRUARY 26, 2000 (16A.V)
Motion by Mr. Pirzynski, seconded by Mr. Hutchins, that Council approve the Joint
Council/Agency Study Session Minutes with the Boards and Commissions of February 26, 2000 as
submitted. Carried unanimously.
MINUTES OF MARCH 13, 2000 (16B.V)
Motion by Mr. Pirzynski, seconded by Mr. Hutchins, that Council approve the Joint
Council/Agency Study Session Minutes for Paid Parking of March 13, 2000 as submitted. Carried
unanimously.
VERBAL COMMUNICATION
Ray Davis, resident, spoke generally about council activities.
HEARING
LARK AVENUE 16500/CLASSIC CAR WASH/RETAIL SALES/APPEAL (17.09)
Consider an appeal of the decision of the Planning Commission denying a request for the sale of
wine for off site consumption at Classic Car Wash on property zoned CH. Conditional Use Permit
U-99-12. Property Location: 16500 Lark Avenue. Property Owner/Appellant: Frank Dorsa.
Applicant: Lark Avenue Car Wash.
The following people from the audience addressed this issue:
Frank and Marilyn Dorsa, owners of Lark Ave Car Wash. Frank spoke of the history of the car
wash at this location and the quality of the business that they run. Marilyn spoke of their upscale
gift shop and asked that a high quality gift wine be permitted for sale in the gift shop.
Bert George, 13090 La Vista Drive, Joseph George Distributer, spoke of the distinctive quality of
the wines which his company distributes.
Ray Davis, resident, opposed the proposal.
No one else from the audience spoke to this issue.
Comments by Paul Curtis, Planning Director:
The car wash does not have a conditional use permit for a convenience store at this location. They
have a use permit for a car wash. If they wanted a permit for a convenience mart instead of the
boutique they would have to apply for one. The gift shop is not considered a mini-mart by the
planning department.
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Motion by Mr. Attaway, seconded by Mr. Pirzynski, to close the public hearing. Carried
unanimously.
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HEARING CONTINUED
LARK AVENUE 16500/CLASSIC CAR WASH/CONT.
Council Comments:
Mr. Attaway spoke against mini-marts located at gas stations. He noted that the applicants of this
item were willing to place restrictions on their application, such as not selling cork pulling devices;
only selling wine in corked bottles; no jugged wines or bottles with twist tops; and the wine items
must be displayed in a manner that augments the gift shop atmosphere. Only premium wines may
be stocked. Customers for this gift item must also have purchased a car wash.
Mr. Pirzynski pointed out that town code speaks against alcohol sales and gasoline sales taking
place on the same premises at the same time.
Motion by Mr. Pirzynski, seconded by Mr. Hutchins, to uphold the Planning Commission’s
decision. Motion failed by a vote of 2 ayes to 3 nays.
Mrs. Lubeck reaffirmed that the gift shop was not a convenience mart; that the town code
delineated conditions associated with a gasoline service station and mini-mart selling alcohol; and
that this application was a car wash which sometimes sold gas as people cued to wait for their car
wash and also offered a boutique for waiting customers using the car wash. She included the
condition of non-refrigerated wine. If the owners ever wanted to turn the boutique into a
convenience store they would have to submit a new conditional use application at which point they
would be turned down.
Motion by Mrs. Lubeck, seconded by Mr. Attaway, to grant the appeal and overturn the Planning
Commission, finding that the issue deals with town policy which the Commission did not have the
discretion or the authority to modify; That this zoning issue is vested with Council and is within its
boundary of discretion and authority; That the use be allowed and the findings for the conditional
use permit be as follows: This is a proposed use that is desirable to the public convenience; That it
serves to sell something that is not currently available in this community; That it will not impair the
integrity or character of the zone; That it will not be detrimental to the public health, safety or
general welfare; That it is a proposed use of the property in harmony with the various elements of
the General Plan; That there are no findings that are required under Town Code, Section,
29.20.197; That there are considerations which are taken into account such as: this is not a
convenience mart; this is to go with a boutique store; this is a different use than was contemplated
in code 29.20.197. That the conditions of approval in Exhibit B of the Staff Report be adopted,
including that the wine not be refrigerated; there be no sale of cork pulling devices; only premium
wine to be merchandised ancillary to the other items sold in the boutique; and that the sale area be
as shown in the submitted diagram, an area which is no bigger than 8'X10' located anywhere within
the boutique. Carried by a vote of 3 ayes. Mr.Hutchins and Mr. Pirzynski voted no.
MOBILE HOME PARK CONVERSION/WOODLAND AVENUE 484 (18.09)
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 on property zoned RMH.
Development Application DEV-97-007. Applicant: Green Valley Corporation. Property Owner:
Malcolm and Margaret McNelly.
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MOBILE HOME PARK CONVERSION/WOODLAND AVENUE 484/CONTINUED (18.09)
Speakers for this item:
The following people from the audience addressed this issue:
Bill Krause, 484 Woodland Avenue #17, 191 Kimble, gave information concerning fair
mobile home value alternatives.
Doug McNelly, 5476 San Felipe Road, San Jose, spoke of his concerns regarding the
valuation of the mobile homes and attaching land value to them.
Dorie Olsley, 484 Woodland Avenue #12, asked for fair market value for her home.
Martha Hoffman, 484 Woodland Avenue #72, asked for fair market value for her home.
Jack Cole, 14685 Oka Road #53, asked for consideration of the residents of the parks.
Mark Hansen, 130 Kipling Ave, Benlomond, spoke of the history of the park purchase and the long
term intent to close which the residents have been aware of.
Jim Dorri, mobile home owner, asked for fair consideration..
No one else from the audience addressed the issue.
Motion by Mr. Pirzynski, seconded by Mrs. Lubeck, to approve the application with the
replacement value of the mobile homes set at the adjusted in place value. Carried by a vote of 3
ayes. Mr. Attaway and Mr. Blanton voted no.
VALET PARKING/SOUTH SANTA CRUZ AVE (13.40)
Mayor Blanton stated that this was the time and place duly noted to consider if Town should
enter into an agreement for exclusive use of the property at 141 South Santa Cruz Avenue for valet
parking for Lyndon Plaza and to consider receiving requests for proposals from management
compies.
Town Manager, David Knapp, asked if Council is comfortable in continuing to lease property for
parking at the old Greyhound bus stop, which was a previously an underused parking location in the
downtown. He noted that valet parking was established for holiday parking and construction
impacts, and that valet parking had allowed more than the normal number of vehicles to be parked
at this location; and he asked Council to consider opening the licensing process to other businesses
who are requesting to submit proposals to manage parking at this location.
Council Consensus to continue valet parking at this particular location; to open the process and
accept proposals; and to maximize this parking resource.
COUNCIL REPORTS (19.10)
Mrs. Lubeck reported that the West Valley Solid Waste JPA held its meeting last week to review rate
structure, and for the third year in a row, garbage rates in Los Gatos will not rise.
ADJOURNMENT
Motion by Mr. Attaway, seconded by Mrs. Lubeck, to adjourn this evening's meeting at 9:20 p.m.
Carried unanimously.
ATTEST:Marian V. Cosgrove
Town Clerk
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