M 01-07-02TOWN OF LOS GATOS
CALIFORNIA
TOWN COUNCIL/PARKING AUTHORITY
JOINT REDEVELOPMENT AGENCY
January 7, 2002/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 7:00 p.m., Monday, January 7,
2002, in joint regular session.
ROLL CALL
Present:Steven Blanton, Sandy Decker, Steve Glickman,
Joe Pirzynski, and Mayor/Chairman Randy Attaway
Absent:None.
PLEDGE OF ALLEGIANCE
Given by all in attendance.
NEW EMPLOYEE
Mr. Curtis, Director of Parks and Public Works introduced the new Town Engineer Kevin Rohani
CLOSED SESSION
There was no closed session to report.
INTERVIEW/BOARDS, COMMISSIONS AND COMMITTEES
Sol Carson and Barbara Mortkowitz were appointed to the Arts Selection Panel; Toni Blackstock
and Kristen Dryden were appointed to the Community Services Commission; and, Council
requested that the interviews for the Arts Commission be rescheduled so that Ms. McCabe could
be present for her interview.
SCHEDULE OF PUBLIC HEARINGS (01.28)
Motion by Mr. Blanton, seconded by Mrs. Decker, to accept and file informational report
regarding currently scheduled public hearings. Carried unanimously.
MEETING CALENDARS FOR JANUARY, 2002 AND FEBRUARY, 2002 (02.00)
Motion by Mr. Blanton, seconded by Mrs. Decker, to accept and file the meeting
calendar for January, 2002 and February, 2002.Carried unanimously.
RATIFICATION OF ACCOUNTS PAYABLE FOR DECEMBER 2001. (03.V)
Motion by Mr. Blanton, seconded by Mrs. Decker, that Council ratify the
accompanying check registers for accounts payable invoices paid on December 14,
2001, December 21, 2001, and December 28, 2001 in the amount of $2,267,874.96.
Carried unanimously.
TREASURERS REPORT (04.)
Motion by Mr. Blanton, seconded by Mrs. Decker, that Council consider, accept and file
the Treasurers Report for November, 2001 Carried unanimously.
Town Council Minutes January 7, 2002
Redevelopment Agency Los Gatos, California
RATIFICATION OF PAYROLL/DECEMBER, 2001 (07.V)
Motion by Mr. Blanton, seconded by Mrs. Decker, that Council ratify the check registers for the
payroll of November 25, 2001 through December 8, 2001, paid on December 14, 2001 in the
amount of $607,342.20 and December 9, 2001 through December 22, 2001, paid on December
28, 2001 in the amount of $537,210.39.
RETAINING WALL REPLACEMENT/PROJECTS/RESOLUTION 2002-1. (08.00)
Motion by Mr. Blanton, seconded by Mrs. Decker, that Council adopt Resolution 2002-1
entitled, RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
APPROVING THE PLANS AND SPECIFICATIONS FOR CAPITAL PROJECT 0210
RETAINING WALL REPLACEMENT AT KIMBLE AVENUE, CLELAND AVENUE,
OAKHILL WAY/GROVE STREET, OAK MEADOW PARK, AND THE VILLA AVENUE/
PAGEANT WAY INTERSECTION AND AUTHORIZING STAFF TO ADVERTISE THE
PROJECT FOR BIDS. Carried unanimously.
SUMMERHILL OPEN SPACE MAINTENANCE DISTRICT/TRACT 9127 /
RESOLUTION 2002-1 (09.00)
Motion by Mr. Blanton, seconded by Mrs. Decker, that Council adopt Resolution 2002-2
entitled, RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
ACCEPTING TRACT 9127 SUMMERHILL HOMES OPEN SPACE MAINTENANCE
DISTRICT ONLY AND AUTHORIZING THE TOWN MANAGER TO EXECUTE
CERTIFICATE OF ACCEPTANCE AND NOTICE OF COMPLETION FOR
RECORDING BY THE TOWN CLERK. Carried unanimously.
SUPPLEMENTAL MILITARY LEAVE BENEFIT/RESOLUTION 2002-3 (10.00)
Motion by Mr. Blanton, seconded by Mrs. Decker, that Council adopt Resolution 2002-3
entitled, RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
AUTHORIZING THE PROVISION OF A SUPPLEMENTAL MILITARY LEAVE
BENEFIT THROUGH DECEMBER 31, 2002 FOR EMPLOYEES CALLED TO ACTIVE
DUTY AS A RESULT OF THE SEPTEMBER 11, 2001 TERRORIST ATTACKS. Carried
unanimously.
SUPPORT EXISTING TOWN CODE AND PERSONNEL RULES/VETERANS’ PREFERENCE
SYSTEM/RESOLUTION 2002-4 (11.00)
Motion by Mr. Blanton, seconded by Mrs. Decker, that Council adopt Resolution 2002-4
entitled, RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
SUPPORTING THE EXISTING TOWN CODE AND PERSONNEL RULES IN LIEU OF
ESTABLISHING A VETERANS’ PREFERENCE SYSTEM, PURSUANT TO
GOVERNMENT CODE SECTION 50088. Carried unanimously.
RATIFY ACCOUNTS PAYABLE FOR DECEMBER 2001/REDEVELOPMENT AGENCY (12.00)
Motion by Mr. Blanton, seconded by Mrs. Decker to ratify the Redevelopment Agency check
register for invoices paid on December 14, 2001, December 21, 2001, and December 28, 2001 in
the amount of $675,778.44. Carried unanimously.
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MINUTES OF DECEMBER 17, 2001/REDEVELOPMENT AGENCY (13.00)
Motion by Mr. Blanton, seconded by Mrs. Decker to ratify the Minutes of the Redevelopment
Agency for December 17, 2001. Carried unanimously.
VERBAL COMMUNICATIONS (00.28)
Ray Davis, resident, stated that he was delighted that Los Gatos Boulevard and Blossom Hill
were being cleaned up. He presented an article from the San Francisco Chronicle regarding the
dangers associated with eucalyptus trees and stated that the Town’s current policy, regarding the
eucalyptus tree, should be removed. Mr. Davis stated he was delighted to see the appointment of
the Town Engineer, Mr. Rohani.
HEARINGS
VILLA AVENUE 162/APPEAL (14.15)
Mayor Attaway announced that this was the time and place so noted to consider an appeal of the
decision of the Planning Commission approving construction of a new single family residence on
property zoned R-1D with conditions. Architecture and site application S-01-75. Property
location: 162 Villa Avenue. Property owner: Westhills Investment Inc. Applicant/Appellant:
James Rogers.
James Rogers, 20115 Orchard Meadow Drive, Saratoga, applicant, explained the history of the
property, the number of re-designs that have occurred, and the constraints of the property. He
stated that the current design allows for a back yard and the necessary bedroom space for his four
children. Mr. Rogers explained that the design meets all setback requirements, height regulations,
FAR requirements; has minimal grading, minimal retaining walls, minimal hardscape; and, the
only reason the design was not approved was due to the fact that he has placed the garage to the
front of the property. Mr. Rogers stated that emulating the small, 1000 foot bungalows in the area
will not work with today’s living needs or his four children, and placing the garage to the rear of
the property will eliminate 60% of the rear yard. Mr. Rogers feels that the current garage location
has eliminated mass from the streetscape and the landscaping will also contribute to the project
being a nice addition to Villa Avenue.
Ray Davis, resident, supports the Planning Commissions decision and feels the Town has a right
to request conformance with the Town’s public documents.
Motion by Mr. Blanton, seconded by Mrs. Decker to close the public hearing. Carried
unanimously.
Council Comments
Mrs. Decker clarified that there have been no modifications to the design in the last ten months.
Mr. Glickman asked if the only difference between the applicants request and what has been
approved is the garage location.
Mr. Pirzynski asked if the picture of the residence to the east depicted the accurate, current
status, relating to the footprint of that property.
Mr. Blanton feels that the Planning Commission has not erred and it was the desire of the
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Commission to create an ambience of an old fashion town which would be in keeping with
locating the garage in the rear.
HEARINGS CONTINUED
VILLA AVENUE 162 CONT.
Motion by Mr. Pirzynski, seconded by Mr. Blanton, to uphold the decision of the Planning
Commission and deny the appeal. Carried unanimously.
NORTH SANTA CRUZ AVENUE 217/SALE OF BEER AND WINE WITH MEALS (15.15)
Mayor Attaway announced that this was the time and place so noted to consider request for
approval to modify a conditional use permit to allow the sale of beer and wine with meals on
property zoned C-2. Conditional use permit U-01-18. Property location: 217 North Santa Cruz
Avenue. Property owner: Rugani Family Partnership. Applicant: Young K. Kim.
Speakers for the issue:
Randy Reedy, 19 N. Santa Cruz Avenue, representing the applicant, stated that they have
reviewed the reports from the Planning Commission and agree with the findings in both reports.
Mr. Reedy explained that this establishment would comply as a “fine dining” restaurant as
defined in Town code and would include a Tatami Room to formal Japanese standards. He
explained the traditions of a Tatami Room and the unique dining experience associated with it.
Mr. Reedy stated that the application complies with all regulations associated with the service of
alcohol and there will be no increased need for Town services nor any parking or traffic issues;
and, they are able to meet all conditions imposed. He stated that the applicant has a great deal of
experience in the restaurant business and there have been no complaints. Mr. Reedy stated that
no separate bar area was proposed and all alcohol would be served in conjunction with meals. He
stated that the Town should encourage businesses and let the market decided whether or not they
will be successful. He reiterated that the Planning Commission was able to make the findings for
the CUP and the application complied with both the new and the old alcohol policy.
Motion by Mr. Glickman, seconded by Mr. Blanton to close the public hearing. Carried
unanimously.
Motion by Mr. Blanton, seconded by Mr. Glickman to approve 217 North Santa Cruz Avenue,
CUP U-01-18.
Council Comments:
Mr. Blanton does not believe the Town should base policy on a dooms day scenario. He stated
that the application is recommended for approval and the key issue is that it will be a “fine
dining” establishment. Mr. Blanton feels that denying the ability to serve wine and beer in
moderation will place the applicant at a serious competitive disadvantage.
Mrs. Decker will not support the motion because she believes that it is clear that this Council and
the Town are strongly discouraging new applications for additional alcohol uses. She believes
there is a saturation of restaurant use and prefers that the current use remain in place. Mrs.
Decker does not believe the proposed use of this property is essential or desirable nor does she
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feel it is in harmony with the General Plan.
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HEARINGS CONTINUED
NORTH SANTA CRUZ AVENUE 217/SALE OF BEER AND WINE WITH MEALS/CONT.
Mr. Pirzynski does not feel the arguments have overcome the position the Town has taken
regarding alcohol and he believes the Council has made it clear that the downtown has reach a
point of balance of uses. He believes the Council sets policy; and, this situation is unique in that
it will signal where the Town wants to go regarding our alcohol policy. Mr. Pirzynski stated that
prior applications of this sort were for an extension of alcohol use and not for new alcohol use. He
feels the Council needs to continue to explore the area of “fine dining” to give greater depth to the
definition. Mr. Pirzynski feels that although we need to still maintain the viability of our
commercial centers there is language that says we need to continue to strongly discourage new
applications relating to alcohol and therefore he can not see this application fitting with the
property in question.
Mayor Attaway will not support the motion. Mr. Attaway stated that he did not think the
location should have supported a restaurant in the beginning. However, he believes that the
current use meets a certain need of the community. Mr. Attaway explained that he does not want
to set a precedent and feels this restaurant should remain a fast food restaurant or something of
similar nature.
Motion fails 2-3. Mrs. Decker, Mr. Pirzynski and Mayor Attaway voting no.
Motion by Mrs. Decker, seconded by Mr. Pirzynski to deny 217 North Santa Cruz Avenue, CUP
U-01-18. Carried 3-2. Mr. Blanton and Mr. Glickman voting no.
MINUTES OF DECEMBER 17, 2001 (05.V)
Ray Davis, resident, stated that he has reviewed the minutes and he was gratified that his
comments are reported almost verbatim. Mr. Davis stated that he would present a check for fifty
dollars at the next meeting relating to his comments at the previous meeting.
Motion by Mr. Pirzynski, seconded by Mrs. Decker that Council approve the Minutes of
December 17, 2001 as submitted. Carried unanimously.
COUNTY REFERRALS (06.00)
Ray Davis, resident, stated that he has looked at the plans for #8014 Wagner Road and feels this
is a wonderful opportunity to be proactive. Mr. Davis feels that these plans are exactly what Los
Gatos is looking for on the ridge top. One story, elegant, hillside home, with a relaxed roof which
is totally compatible with Los Gatos’ General Plan and Hillside Specific Plan. Mr. Davis would
like to see a condition which says no further subdividing can occur on this property and feels the
tennis court should be lighted with down lighting and required to be off at a certain time each
evening.
Council comments:
Mrs. Decker concurs with the Staff comments and feels it is important to reiterate to the County
what our standards are. Mrs. Decker would not like to tamper with the policy prohibiting lighting
of the tennis courts in the hillsides.
Mayor Attaway clarified that Town policy prohibits lighted tennis courts in the Hillsides.
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Motion by Mr. Pirzynski, seconded by Mrs. Decker, that Council accept staff recommendation
on County Referrals. Carried unanimously.
ARCHITECTURAL CONSULTANT/CANNON DESIGN GROUP (16.00)
Mr. Lortz gave an overview of the process, the selected consultants credentials, and the Town’s
need for the services to be provided. He explained how the consultants would assist the Town in
the technical design review process and relieve the Planning Commission of the responsibility of
functioning as a design review commission which would allow the Commission to focus on
higher level planning issues such as refinement to the Town’s design standards as well as General
Plan implementation.
Council comments:
Mr. Glickman clarified that the intent was to move the architectural portion of the oversight
process to the Consultant as opposed to adding another step in the process. He feels that the Town
has to be very clear on what they are doing and that the process has teeth to it. Mr. Glickman
would like to see the language strengthened regarding the role of the Commission and the role of
the Consultants.
Mr. Pirzynski clarified that the three months limit was not firm and could be extended if the
Town does not have enough projects over the next three months to evaluate the process
adequately. He wants to be certain that this is not just another level to contend with. Mr.
Pirzynski feels that the Council has to make certain that they are directing to move the
architectural component to the staff liaison position with the Planning Commission acting in the
appellant roll.
Mrs. Decker is concerned that Hillside and Commercial projects will have already been through
the architectural process prior to appearing before the Planning Commission and therefore the
Commission will only address zoning and General Plan issues. Mrs. Decker is concerned about
how to mitigate other issues which may relate to design matters. She would also like to see some
percentage allotted to the two Consultants so that any absences would be at a minimum. Mrs.
Decker would also like to see the time frame left open for a six month review.
Mayor Attaway wants to be certain that both the Planning Commission and the Consultants
understand their roles. He is concerned about the language in the last paragraph of the resolution
and wants to be sure that the Planning Commission has the ability to make changes should the
circumstances require it.
Mr. Blanton suggested that Staff readdress the concerns that have been raised.
Larry Cannon, Cannon Design Group, 180 Harbor Drive, Sausalito, Consultant, reviewed his
qualifications and credentials. He stated that he is comfortable with the full range of
responsibilities as well as the philosophy and goals of the Town. Mr. Cannon explained that he
plans to spend as much time as possible in the Los Gatos community to acquaint himself with the
Town’s image, character, and goals.
Ray Davis, resident, does not feel that the Planning Commission has seen this and thinks this is
being dumped on them. Mr. Davis feels this is a tool to control the Planning Commission.
Motion by Mayor Attaway, seconded by Mrs. Decker to modify by deleting the last paragraph
and adopt Resolution 2002-5 entitled; RESOLUTION OF THE TOWN COUNCIL OF THE
TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO EXECUTE
AGREEMENTS WITH CANNON DESIGN GROUP AS THE PRIMARY AND MARK
SREBNIK ARCHITECT-AIA, AS THE SECONDARY (BACK-UP) FOR SERVICES AS
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ARCHITECTURAL CONSULTANTS TO THE TOWN. Carried unanimously.
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ARCHITECTURAL CONSULTANT/CANNON DESIGN GROUP/CONT.
Staff to return with a separate Resolution outlining the specific roles and responsibilities of the
Planning Commission and the Architectural Consultants.
SHAKESPEARE IN THE PARK (17.00)
Speakers in favor:
Mary Tomasi-Dubois, 121 Altura Vista, stated that it has been the goal of Friends of Los Gatos
Community Theater to bring live theater back to Los Gatos. She explained that there is a spiritual
need that art fulfills for a community and maintaining the character of Los Gatos should include
live theater. Ms. Tomasi-Dubois explained the process the group has been through and the
response they have received.
Bruce De Les Dernier, 5893 Hillview Avenue, San Jose, Artistic Director for the Theater group,
gave an overview of his artistic group and their credentials. He explained that Los Gatos is an
ideal venue and Oak Meadow Park, with the proposed Bandstand and Gazebo, an excellent
location for this type of art.
Richard Konrad,86 Fairview Plaza, representing the Parks Commission, stated that the
Commission found this to be an excellent use of Oak Meadow Park and have determined that this
will not be an invasive use of the park.
Paul Dubois, 121 Altura Vista, representing the Los Gatos Community Foundation stated that the
Foundation had found that there was a great interest in bringing live Shakespeare to Los Gatos.
He explained the Foundation’s role as an “umbrella” organization for the Theater group and stated
that additional benefit will come from outreach into local schools and family programs that will
be presented. Mr. Dubois reiterated that the marrying of the theater and the bandstand are
something that Los Gatos can be very proud of.
Ray Davis, resident, stated that this is a “win-win” situation. He spoke of a similar theater in
Orinda which was very popular and stated that this looked like a terrific deal for Los Gatos.
RECESS
Mayor Attaway called a recess at 8:45 p.m. to allow Council to view the stage replica which has
been erected in the foyer. Meeting resumed at 8:55 p.m.
Council comments:
Mayor Attaway stated that this will clearly be an asset and something that Los Gatos can be very
proud of. He is pleased with the time and effort that has been expended and the professional
results.
Mr. Pirzynski feels this is an extraordinary way to continue the process of evolving more
community events which allow the entire Town to come together and experience things of a
cultural nature.
Mr. Glickman thanked everyone for their effort and feels the Town will derive enormous benefit
from the productions as we revisit our classical education.
Mrs. Decker stated that the project is very exciting and she looks forward to purchasing her
tickets.
Motion by Mayor Attaway, seconded by Mr. Pirzynski to approve the Parks Commission
recommendation to proceed with the Shakespeare in the Park Program and to direct staff to
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continue with the Special Event process. Carried unanimously.
COUNCIL MATTERS (18.28)
There were no Council matters this evening.
MANAGER MATTERS (20.28)
Council retreat Saturday, January 26, 2002:
Consensus to hold the retreat at the Toll House Hotel. Council was asked to schedule a full day
until the agenda was finalized.
ADJOURNMENT
Mayor Attaway closed this evening’s meeting a 9:00 p.m.
ATTEST:
MarLyn J. Rasmussen
Senior Deputy Town Clerk
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