M 09-05-00TOWN OF LOS GATOS
CALIFORNIA
TOWN COUNCIL/PARKING AUTHORITY
JOINT REDEVELOPMENT AGENCY
September 5, 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., Tuesday, September 5,
2000, in joint regular session.
ROLL CALL
Present:Randy Attaway, Jan Hutchins, Linda Lubeck,
Joe Pirzynski and Chairman/Mayor 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 to discuss Public Employee Appointment in
regards to Town Manager. No reportable action taken.
Pursuant to Government Code Section 54957.6, (Conference with Labor Negotiator).
Town Negotiator (Lead): James W. Piper, Assistant Town Manager/Personnel Officer and
Employee Organization: Police Officers' Association, (POA). Council gave direction to
Town Negotiator but no final actions were taken tonight.
Pursuant to Government Code Section 54957.6, (Conference with Labor Negotiator).
Town Negotiator (Lead): James W. Piper, Assistant Town Manager/Personnel Officer and
Employee Organization: American Federation of State, County and Municipal Employees
Local #101, (AFSCME). Council gave direction to Town Negotiator but no final actions
were taken tonight.
COMMENDATION/TOWN EMPLOYEES/YEARS OF SERVICE (00.28)
Mayor Blanton announced that he was pleased to present commendations from the Town to
Employees for their years of service. Kevin J. Gray and Warren “Bud” Lortz were present to
receive their commendations from the Mayor. The other employees were honored but were not
present:
25 Years 20 Years 15 Years
Fred Cross Bruce Baker Timothy Boyer
Ralph Orozco Tom Jarvis William Breechen
Jim Schoenborn Steve Moore Kevin J. Gray
Steve Regan Warren “Bud” Lortz
Frank Salcido
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Stephen Smith
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Town Council Minutes September 5, 2000
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Mark Wormley
SANTA CLARA COUNTY CITIES ASSOC/2000 BOCCI BALL TOURNAMENT AWARD (YY.28)
Mayor Blanton introduced Ralph Faravelli, President and Mary Kate Franci, Executive Director of
the Santa Clara County Cities Association. Mr. Faravelli and Ms Franci presented the Third Annual
Bocci Ball Tournament Award to the Year 2000 Winner, The Town of Los Gatos. Mayor Blanton
was pleased to accept the award for the Town and announced the Town’s intention of keeping this
award by continuing to win all future bocci ball tournaments.
GOVERNMENT FINANCE OFFICERS ASSOC/DISTINGUISHED BUDGET AWARD (XX.28)
Mayor Blanton presented the Government Finance Officers Association Distinguished Budget
Presentation Award to Sharline Jackson-Ringgold, Supervising Accountant.
SCHEDULE OF PUBLIC HEARINGS (01.28)
Informational report regarding currently scheduled public hearings was received and filed.
PLANNING COMMISSION/PLANNING DEPARTMENT MONTHLY STATUS REPORT (02.38)
Informational report regarding activity of Planning Commission and Department was
received and filed.
COUNCIL CALENDAR OF MEETINGS/SEPTEMBER-OCTOBER 2000 (03.28)
Informational item presenting future Town Meetings for Council and other Town Boards
and Commissions for September and October 2000, was received and filed.
RATIFICATION OF PAYROLL/JULY-AUGUST 2000 (04.V)
Motion by Mr. Hutchins, seconded by Mr. Pirzynski, that Council ratify the check registers for the
payroll of July 23, 2000 through August 5, 2000 paid on August 11, 2000 and August 6, 2000
through August 19, 2000 paid on August 25, 2000 in the amount of $833,225.13. Carried
unanimously.
ACCOUNTS PAYABLE/RATIFICATION/AUGUST 2000 (05.V)
Motion by Mr. Hutchins, seconded by Mr. Pirzynski, that Council ratify the accompanying check
registers for accounts payable invoices paid on August 4, 2000, August 11, 2000, August 18, 2000
and August 25, 2000 in the amount of $1,332,949.63. Carried unanimously.
MINUTES OF AUGUST 7, 2000 (06.V)
Motion by Mr. Hutchins, seconded by Mr. Pirzynski, that Council approve the Joint Town
Council/Redevelopment Agency Minutes of August 7, 2000, as submitted. Carried unanimously.
ANNUAL REPORT/FY 1999-00 (07.09)
Motion by Mr. Hutchins, seconded by Mr. Pirzynski, that Council accept the Fiscal Year 1999-00
Annual Report. Carried unanimously.
GRAFFITI REMOVAL/UNION PACIFIC RAILROAD BRIDGE/HIGHWAY 85 (08.41)
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Motion by Mr. Hutchins, seconded by Mr. Pirzynski, to accept and file informational report on the
status of graffiti removal from the Union Pacific Railroad bridge over Highway 85. Carried
unanimously.
VIDEO CAMERA/RECORDER/PATROL CAR/ABAG (09.36)
Motion by Mr. Hutchins, seconded by Mr. Pirzynski, that Council authorize the Town Manager to
accept donation by Association of Bay Area Governments for one patrol car video camera/recorder
for the Town of Los Gatos. Carried unanimously.
VILLA MONTALVO CONCERT SERIES/VASONA PARK (10.33)
Motion by Mr. Hutchins, seconded by Mr. Pirzynski, that Council accept report on the Villa
Montalvo Concert Series to be held at Vasona Park in September 2000. Carried unanimously.
FIRE TRUCK CELEBRATION/OAK MEADOW PARK (11.33)
Motion by Mr. Hutchins, seconded by Mr. Pirzynski, that Council accept report informing the
Town Council about the fire truck celebration at Oak Meadow Park on September 9, 2000. Carried
unanimously.
SKATEBOARD PARK PROPOSAL (12.33)
Motion by Mr. Hutchins, seconded by Mr. Pirzynski, that Council support the Parks Commission’s
request to appear at the September 18th Town Council meeting with the Skateboard Park
Subcommittee to present their recommendations for developing a skateboard park in Los Gatos.
Carried unanimously.
ZERO EMISSION VEHICLE PROGRAM/RESOLUTION 2000-104 (13.41)
Motion by Mr. Hutchins, seconded by Mr. Pirzynski, that Council adopt Resolution 2000-104
entitled, RESOLUTION OF THE TOWN OF LOS GATOS SUPPORTING CALIFORNIA’S
ZERO EMISSION VEHICLE PROGRAM. Carried unanimously.
MUSIC IN THE PLAZA/SCC ARTS COUNCIL/GRANT /RESOLUTION 2000-105 (14.13)
Motion by Mr. Hutchins, seconded by Mr. Pirzynski, that Council adopt Resolution 2000-105
entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE INTERIM
TOWN MANAGER TO EXECUTE A GRANT AGREEMENT WITH THE ARTS COUNCIL
OF SANTA CLARA COUNTY. Carried unanimously.
CROSSING GUARD SERVICES/ALL CITY MANAGEMENT/RESOLUTION 2000-106 (15.36)
Motion by Mr. Hutchins, seconded by Mr. Pirzynski, that Council adopt Resolution 2000-106
entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN
MANAGER TO RATIFY THE AGREEMENT WITH ALL CITY MANAGEMENT
SERVICES, INC., TO PROVIDE SCHOOL CROSSING GUARD SERVICES FOR THE
TOWN. Carried unanimously.
MINUTES OF CLOSED SESSIONS/ORDINANCE 2072 (16.29)
Motion by Mr. Hutchins, seconded by Mr. Pirzynski, that Council adopt Ordinance 2072 entitled,
ORDINANCE OF THE TOWN OF LOS GATOS AUTHORIZING THE INTERIM TOWN
MANAGER TO EXECUTE A GRANT AGREEMENT WITH THE ARTS COUNCIL OF
SANTA CLARA COUNTY. Carried unanimously.
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MINUTES OF AUGUST 28, 2000 (17B.V)
Motion by Mr. Hutchins, seconded by Mr. Pirzynski, that Council approve the Joint Town
Council/Redevelopment Agency Minutes of August 28, 2000, as submitted. Carried
unanimously.
SIDEWALK, CURB & GUTTER/PROJECT 00-01/RESOLUTION 2000-107 (18.24)
Motion by Mr. Hutchins, seconded by Mr. Pirzynski, that Council adopt Resolution 2000-107
entitled, RESOLUTION OF THE TOWN OF LOS GATOS ACCEPTING WORK OF J.J.R.
CONSTRUCTION, INC. (PROJECT 00-01) ANNUAL SIDEWALK, CURB AND GUTTER
RECONSTRUCTION AND AUTHORIZING THE TOWN MANAGER TO EXECUTE
CERTIFICATE OF ACCEPTANCE AND NOTICE OF COMPLETION FOR RECORDING
BY THE TOWN CLERK. Carried unanimously.
VERBAL COMMUNICATIONS
130 Nina Court Appeal:
Willis Flood, 131 Pinta Court, spoke of the progress of the Nina Court review. He noted a
submitted list of neighbors’ concerns and requests. He spoke of the developer not participating in
the meeting and of hiring a law firm to represent the neighborhood.
Ray Davis, resident, spoke about the General Plan and the Nina Court appeal.
PUBLIC HEARINGS
WEDGEWOOD AVENUE (LOT 1)/SUBDIVISION APPLICATION/APPEAL (20.15)
Mayor Blanton announced that this was the time and place so noted for public hearing to consider
an appeal of the Planning Commission decision approving a request to construct a new single
family residence and a detached garage which exceeds 450 square feet in area and to relocate a lot
line on property zoned R-1:8. Architecture and Site Approval S-99-20. Subdivision Application
M-99-11. Property Location: Wedgewood Avenue (Lot 1). Property Owner: Union Bank of
California, Trustee et al. Applicant: Stern & Champion Homebuilders Appellant: Dori Fontaine.
The following people from the audience addressed this item: (Both Item 16 & Item 17 were
discussed together.)
Dori Fontaine, 120 Calle el Padre, La Rinconada Neighborhood Assoc, asked to preserve the
character of the neighborhood, asked that size and scale be considered, wildlife and drainage be
reviewed, traffic and its related issue of safety be addressed with a traffic study, initial study be
required as other projects nearby had been required, large oaks not be removed, legal access to the
lots be questioned, creation of landlocked corridor lot not be allowed.
Steve Stern, 19 LeRoy Way, Portola Valley, with Stern and Champion Homebuilders, Sunnyvale,
spoke regarding the frontage of the property and the legality and conformance of the two lots. He
provided a chart showing the square footage of the neighboring homes.
Donn Waters, 131 Calle el Padre, spoke of flooding some years ago that filled the Canal. He noted
it was not natural flooding but a manmade accident. He asked for compatibility of size and
appearance of the new homes so as to blend with the neighborhood.
Ray Davis, resident, spoke of the process being used to review this appeal.
Don Cordero, 123 Calle Marguerita, La Rinconada Neighborhood Assoc, spoke of the Vasona
Canal that runs along Wedgewood. It is a 15 to 20 foot ditch, and in some locations the Canal has
just been covered over and is not used which leads him to believe the Water District is not
maintaining nor using this Canal as a resource. This ditch on a restricted curve in the road, and the
limited access to the property in question, raises issues of safety for both the property owners and
traffic at that location. He asked that this issue be addressed before approval.
Wanita Cordero, 123 Calle Marguerita, spoke of wildlife protection in the area. People have
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spotted many species in this area and she asked for preservation of the trees on the property.
PUBLIC HEARINGS CONTINUED
WEDGEWOOD AVENUE (LOT 1)/SUBDIVISION APPLICATION/CONT.
Mike Abkin, 122 El Olivar, spoke in support of the appellants and addressed points in the
General Plan which he believes have been overlooked.
Luis Hernandez, 180 Calle Marguerita, La Rinconada Neighborhood Assoc, he spoke of the fence
on his property and spoke of trying to review the plans and not being able to have access to them.
He spoke of not having questions answered when he addressed policy issues; he noted the
confusion to the lay person who needed clarification on some of these issues.
Dori Fontaine, spoke again regarding the wildlife in the area, the request for neighborhood
compatibility in the design and the size of the homes. Asked again for an initial study.
Steve Stern, explained that these are certified lots in public record; that the frontage widths were
designed by the engineer after the lot line split; that all the homes built on this street in the last ten
years are larger homes which this project fits into.No one else from the audience addressed this
Item.
Motion by Mr. Attaway, seconded by Mr. Pirzynski, to close the public hearing. Carried
unanimously.
Motion By Mr. Hutchins, seconded by Mr. Attaway, to uphold the Planning Commission’s
decision noting that these are two legal lots; that people do live well with shared driveways; that the
shared driveway makes access safer; that the neighborhood has changed and these plans blend with
the new homes and the older homes; that the improvements to the neighborhood make the homes
more liveable. Motion fails with 2 ayes to 3 noes.
Motion by Mrs. Lubeck, seconded by Mr. Pirzynski, that Council finds that the Planning
Commission erred with regard to compatibility of design to the neighborhood and grants the appeal
in part with respect to the Architecture & Site applications on both Lot 1 & Lot 2, and remands
those applications back to Planning Commission with the following comments: [these designs are
not compatible homes to the street or neighborhood; the square footage is 500 to 800 square feet
larger than what would be considered compatible; a smaller home would address riparian impact,
tree preservation, maintenance of rural character, issues of design; stucco defeats the rural
atmosphere of the neighborhood; consider use of different external materials; these plans do not
conform to the guidelines found in the new General Plan; this is a neighborhood in transition of
only four houses; mass, scale, square footage, and the design are not in keeping with this
neighborhood; two story homes that look like farmhouses might better reflect the nature of this
neighborhood; one shared driveway is preferred; archeological stipulations shall be included in the
requirements; applicant to work with County Water District on treatment of the channel.] and
further: to deny the appeal in part with regards to the lot line adjustment between the properties as
per the Planning Commission’s prior decision. Carried unanimously.
WEDGEWOOD AVENUE (LOT 2)/SUBDIVISION APPLICATION (21.15)
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Mayor Blanton announced that this was the time and place so noted for public hearing to consider
an appeal of the Planning Commission decision approving a request to construct a new single
family residence and a detached garage which exceeds 450 square feet in area on property zoned R-
1:8. Architecture and Site Approval S-99-21. Property Location: Wedgewood Avenue (Lot 2).
Property Owner: Union Bank of California, Trustee et al. Applicant: Stern & Champion
Homebuilders. Appellant: Dori Fontaine.
This item and the prior one were heard as one item at this meeting , and the statements for both
Items 20 & 21 are the same. Please see the motions and comments on the prior item.
HOUSING TRUST FUND OF SANTA CLARA COUNTY/AFFORDABLE HOUSING (19.39)
Carl Guardino, Board Member of the Housing Trust of Santa Clara County, working for the
Silicon Valley Manufacturing Group, asked that the Town of Los Gatos join with other private and
public sector partners in a unique venture to help tackle the housing crisis that working families and
residents face. The Housing Trust was formed by more than seventy community partners. If the
trust could raise 20 million dollars in a two year cycle, it would be capable of leveraging 200
million in private development funds. With that funding 5 thousand families can be helped: in the
first time home buyers assistance; affordable rental homes; and homeless shelters and assistance.
Since most of the funding is in the form of loans, those 5 thousand families pay back those funds so
that others in the future can be helped. This creates a permanent, ongoing source of funds.
Fourteen months into the program the Trust has raised 12 million toward its goal, and there is
confidence that the commitment can be met by the end of 16 months. The anticipation is that the
program can be instituted within the year. He requested full support from the Town with a $250,000
contribution, which with matching funds from HTF can be leveraged to 5 million to fund a project.
He confirmed that Los Gatos had requested participation in the program and that the project be built
within its own community.
Council consensus that staff return with a report identifying the housing projects and programs
currently earmarked for funding from the Town’s $750,000 Redevelopment Set Aside fund, and
report to Council with a tentative agreement with the Housing Trust Fund on the portion of that fund
that can be contributed to the HTF. Mr. Guardino agreed to matching whatever amount the Town
is able to contribute from the Set Aside Fund.
Bud Lortz was recognized by Community Development Director, Paul Curtis, as the Town
employee who suggested maximizing the Town’s contribution to this project and the method in
which to accomplish the most with the contributed funds for the Town and its residents.
HEARING
BROADWAY 69/DEMOLITION AND RECONSTRUCTION/RESIDENTIAL/APPEAL (22.15)
Mayor Blanton announced that this was the time and place so noted for public hearing to consider
an appeal of the decision of the Planning Commission approving a request to demolish a main
structure which includes a secondary dwelling unit and to construct a new single family residence
on property zoned R-1D:LHP. Architecture and Site Application S-00-15. Property Location: 69
Broadway. Property Owner/Applicant: David and Laurie Zicovich. Appellant: Gary Ehlert.
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The following people from the audience addressed this issue:
Gary Ehlert, 71 Broadway, spoke of the loss of his view from his home due to the design and
placement of this proposed project. He noted 80 Broadway where the view was saved. He spoke of
8 Pennsylvania which was redesigned to save the neighbor’s view. He spoke of the General Plan
which expresses the need to preserve existing views for neighbors.
David Zicovich, 69 Broadway, spoke of the time and effort involved in designing this project to
meet the needs of all of the neighborhood. He noted that they had offered to move the house back
to 29 feet.
Ray Davis, resident, spoke of the equity people have in their existing view.
HEARING CONTINUED
BROADWAY 69/DEMOLITION AND RECONSTRUCTION
Speakers continued:
Dave Flick, 130 Stacia Street, spoke of the problem with this lot, noting that the further back the
home is placed the higher it goes due to the slope of the lot.
Mike Abkin, 122 El Olivar, spoke of the need to preserve housing in Los Gatos and asked what was
going to happen to the secondary unit that now exists on the lot.
Gary Ehlert reasserted the desire to preserve his view.
David Zicovich had no more to add.
No one else from the audience addressed this issue.
Motion by Mr. Attaway, seconded by Mr. Hutchins, to close the public hearing. Carried
unanimously.
Motion by Mr. Pirzynski, seconded by Mr. Hutchins, that Council grant the appeal and remand
based on new information received tonight from the applicant’s testimony that he would be willing
to fully demolish the existing secondary unit and remove the south porch so that the proposed
structure could be sited differently than as currently approved. That Planning Commission look at
siting further back and further south on the property while giving consideration to the views of
neighboring properties. That the design is excellent and compatible to the neighborhood but the
mass and scale of the home would be more compatible with the neighborhood if it was set back
further on the lot. Carried by a vote of 4 ayes. Mr. Attaway voted no believing that the design
should be readdressed because moving the building back five feet is not going to take care of the
massive wall on the appellant’s side or offer an appropriate view.
ROUTE 85/WINCHESTER BOULEVARD/FULL OVERPASS INTERCHANGE (23.41)
Motion by Mr. Pirzynski, seconded by Mrs. Lubeck, to accept staff recommendation that no
changes be made to the Route 85 Highway/Winchester Boulevard Interchange. Carried
unanimously.
CHECK SIGNING/BANK ACCOUNT SIGNATORY/FINANCE DIRECTOR/ORDINANCE
ACCOUNTS PAYABLE DISTRIBUTION/DAILY DEPOSITS/FINANCE DEPARTMENT
HUMAN RESOURCES RESPONSIBLE FOR PAYROLL CHECKS (24.29)
Motion by Mr. Hutchins, seconded by Mr. Pirzynski, to waive the reading of the Proposed
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Ordinance. Carried unanimously.
The Town Clerk read the Title of the Proposed Ordinance.
Motion by Mr. Attaway, seconded by Mr. Hutchins, that Council introduce the Proposed
Ordinance entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING SECTION
2.30.025 REGARDING DELEGATION OF CERTAIN DUTIES. Carried unanimously.
BUSINESS LICENSE CODE/COMMERCIAL PROPERTY OWNER (25.30)
Staff comments: This report explains a broader interpretation of the business license code applying
it to commercial property owners. This broader context was discussed with the Town Attorney and
deemed
BUSINESS LICENSE CODE/COMMERCIAL PROPERTY OWNER CONT.
a legally permissible context. Some businesses supported the tax while others did not. It was
brought before Council to make the decision to either continue the application of this broader
definition of the business license code to commercial property owners or to reconsider it.
Mr. Attaway has trouble believing commercial property owners need a business license, comparing
it to renting out a room in ones house.
Mrs. Lubeck commends staff for making sure everyone is paying their business license, such as
professions, trades, occupations and every kind of calling carried on for profit or livelihood
including the business of renting or leasing apartments. She spoke of the types of enterprises that
were subject to self employment income taxes and their relation to those businesses subject to
business license taxes. The Town Code that was originally drafted addressed the renting or leasing
of apartments but did not itemize commercial rentals.
Mr. Pirzynski asked , “What if government found it could collect taxes and decided not to in a
particular case?” In this particular issue Council can say, “In this moment in time this is not
someplace we want to go.” He noted that this issue should have been brought before Council for
consideration and decision before it was implemented. He would prefer to hear about issues and
actions before the community turns to him for answers on items he hasn’t heard about yet.
Mr. Blanton, believes this is a policy area that Council has control over. He does not approve the
action taken and would suggest that the funds be returned.
Town Attorney Korb asked to bring back a recommendation that Council take this stand by
exemption rather than straight interpretation of this language. The Attorney views the language as
being inclusive rather than exclusive so as to have as broad a field as possible. There may be other
situations where Council may not feel the same way, and Council may not be very clear from this
type of interpretation that it is inclusive in some situations and exclusive in other situations. I may
come back with a recommendation that this particular opinion be actually made in the form of an
exemption that is specifically adopted by ordinance.
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Mrs. Lubeck asked that if Mr. Korb proceeds in this manner that as many exemptions as possible be
identified now, and be included in the proposed ordinance. She asked that contractors and daily
contact of visiting clients be exempt.
Mr. Blanton questioned the loss of resources to a city after going through all the tracking and follow
up necessary to prorate and bill the activities of transient businesses.
COUNCIL REPORTS (26.28)
Mayor Blanton reported on the Mayor’s Meeting of August 23, 2000 and noted the discussion
regarding County Referrals. In the past staff and representatives would go down to the meetings
and regester the Town’s concerns but the County would routinely ignore the Town and do as they
wished. It was decided that the Town would take a more pro-active and aggressive stance. The
Planning Commission and the Town Council will take action to present to the County on the issues.
He reported on the progress of the Planning Commission in streamlining its activities and noted
that the Chair would be writing reports on the Commission’s progress.
Mr. Pirzynski announced that he would not be in attendance at the League of California Cities
Conference as the alternate and hoped the Mayor would be able to attend.
The study session of September 11, 2000 will begin at 7:00 p.m.
ADJOURNMENT
Motion by Mr. Hutchins, seconded by Mrs. Lubeck, to adjourn this evening's meeting at 10:08
p.m.. Carried unanimously.
ATTEST:
Marian V. Cosgrove
Town Clerk
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