M 12-02-02TOWN OF LOS GATOS
CALIFORNIA
TOWN COUNCIL/PARKING AUTHORITY
JOINT REDEVELOPMENT AGENCY
December 2, 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, December
2, 2002, in joint regular session.
MAYOR’S STATEMENT (XX.28)
Mayor Decker welcomed the Council and audience and explained how she would like the tone of
the Town meeting s to proceed during the year. She spoke of a community that has been able to
display respect for one another, to deliberate the business of the Town in an informed manner, and
to accept and act upon the decisions made at public and open meetings. She noted that all of our
residents deserve our respect and the respect of each other. She asked for and said she expects
that the visitors to these Council Chambers will recognize and uphold these principles of respect
and courtesy for one another. The Mayor noted that disruptive behavior would not be tolerated,
nor allowed to interfere with these community meetings held in the spirit of cooperative and
interactive government. She reaffirmed her desire to encourage respect and dignity within these
chambers.
ROLL CALL
Present:Randy Attaway, Steve Blanton, Steve Glickman,
Joe Pirzynski, and Mayor/Chairman Sandy Decker.
Absent:None.
PLEDGE OF ALLEGIANCE
Given by all in attendance.
CLOSED SESSION (XX.28)
Town Attorney, Orry Korb, reported that Council had not met in Closed Session prior to this
evening’s meeting.
CERTIFICATION/MUNICIPAL ELECTION/NOVEMBER 5, 2002/RESOLUTION 2002-182
(01.03)
Motion by Mr. Blanton, seconded by Mr. Attaway, that Council adopt Resolution 2002-182
entitled, RESOLUTION OF THE TOWN OF LOS GATOS DECLARING ELECTION
RESULTS OF THE GENERAL MUNICIPAL ELECTION OF NOVEMBER 5, 2002.
Carried unanimously.
PRESENTATIONS/RANDY ATTAWAY/STEVE BLANTON (00.28)
Mayor Decker presented Town Commendations to both Mr. Attaway and Mr. Blanton for their
twelve years of service to the Town as they served their community as active Council members.
She read the commendations noting the many boards and commissions on which these Council
members served during these years. Both Mr. Attaway and Mr. Blanton thanked the Town for the
commendations and for the honor and the opportunity to have served in this manner.
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Town Council Minutes December 2, 2002
Redevelopment Agency Los Gatos, California
OATHS OF OFFICE/CERTIFICATES OF ELECTION/NEW COUNCIL MEMBERS (XX.12)
The Town Clerk presented the Certificates of Election to the new Council members who were
elected November 5, 2002. Following the presentation Dianne McNutt, Joe Pirzynski and Mike
Wasserman were given their Oaths of Office by the Clerk. They then took their seats as Council
members.
ROLL CALL/REORGANIZED COUNCIL
Present:Steve Glickman, Diane McNutt, Joe Pirzynski,
Mike Wasserman and Mayor/Chairman Sandy Decker.
Absent:None.
CERTIFICATION/MUNICIPAL ELECTION (01.03)
Speaker, Ray Davis, noted that the figures for the election were the ones given the week before.
(The desk item for this report had the latest figures from the registrar which were faxed to the
Town this evening. The Mayor noted that desk items have been placed in the lobby for all those
who would like to review them before the Council meetings.)
SCHEDULE OF PUBLIC HEARINGS (02.28)
Motion by Mr. Pirzynski, seconded by Mr. Glickman, to accept and file informational report
regarding currently scheduled public hearings. Carried unanimously.
COUNCIL CALENDAR OF MEETINGS (03.28)
Motion by Mr. Pirzynski, seconded by Mr. Glickman, that Council accept the December 2002
and January 2003 Town’s Calendar of Meetings. Carried unanimously.
RATIFICATION OF PAYROLL/OCTOBER-NOVEMBER 2002 (04.V)
Motion by Mr. Pirzynski, seconded by Mr. Glickman, that Council ratify the check registers for
the payroll of October 27, 2002 through November 9, 2002, paid on November 15, 2002, in the
amount of $559,412.83. Carried unanimously.
ACCOUNTS PAYABLE/RATIFICATION/NOVEMBER 2002 (05.V)
Motion by Mr. Pirzynski, seconded by Mr. Glickman, that Council ratify the accompanying
check registers for accounts payable invoices paid on November 15, 2002 and November 22,
2002 in the amount of $1,407,461.34. Carried unanimously.
MINUTES OF NOVEMBER 18, 2002 (07.V)
Motion by Mr. Pirzynski, seconded by Mr. Glickman, that Council approve the Minutes of
November 18, 2002, Joint Council/Redevelopment Agency Meeting as corrected. Mr. Glickman
noted that on page 3 he had served on the “Los Gatos Union School Board.” Carried
unanimously.
WEEDS/ABATEMENT OF HAZARDOUS VEGETATION/RESOLUTION 2002-183 (10.33)
Motion by Mr. Pirzynski, seconded by Mr. Glickman, that Council adopt Resolution 2002-183
entitled, RESOLUTION OF TOWN OF LOS GATOS DECLARING HAZARDOUS
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Town Council Minutes December 2, 2002
Redevelopment Agency Los Gatos, California
VEGETATION (WEEDS) A PUBLIC NUISANCE AND PROVIDING FOR THEIR
ABATEMENT. Carried unanimously.
FARLEY RD/AUGUSTINE AVE/SUMMARY VACATION/RESOLUTION 2002-184 (11.35)
Motion by Mr. Pirzynski, seconded by Mr. Glickman, that Council adopt Resolution 2002-184
entitled, RESOLUTION OF TOWN OF LOS GATOS VACATING PUBLIC RIGHT-OF-
WAY AND RESERVING A PUBLIC SERVICE EASEMENT ON AUGUSTINE AVENUE
PURSUANT TO DIVISION 9, PART 3, CHAPTER 4 OF THE CALIFORNIA STATE
STREETS AND HIGHWAYS CODE FOR SUMMARY VACATION. Carried unanimously.
VERBAL COMMUNICATIONS (XX.28)
New Microphones and VTA Funding for Light Rail
Ray Davis noted that the microphones were working very well and that he could hear discussions
clearly in the audience. He also spoke of the lack of resources that the VTA is experiencing and
that there will be insufficient funds to bring the Light Rail to Los Gatos.
PUBLIC HEARING
WOODLAND AVENUE 484/MOBILE HOME PARK CONVERSION (14.15)
Mayor Decker stated that this was the time and place duly noted for public hearing to consider a
recommendation for denial of the Planning Commission’s decision to finalize a Mobile Home
Park Conversion Permit and to change the zoning designation from RMH to RM:5-12:PD to
construct townhomes. The recommendation is for denial without prejudice due to lack of
progress. Development Application DEV-97-007. Development Application DEV-97-008.
Property Location: 484 Woodland Avenue. Property Owner: Malcolm and Margaret McNelly.
Applicant: Green Valley Corporation.
Staff report, Bud Lortz, Director of Community Development, spoke of the five years of study
and consideration that have gone into this proposal for Mobile Home Park Conversion. He
reported that the owners and applicants have now decided to refurbish the Mobile Home Park and
continue its operation and have submitted a letter withdrawing the original development
application. They will be working with the State Department of Housing and Community
Development since Mobile Home Parks are regulated through that department. This Park will
continue to maintain the affordable housing stock in Los Gatos.
WILDER AVENUE 131/TREE REMOVAL REQUEST/APPEAL (15.15)
Mayor Decker stated that this was the time and place duly noted for public hearing to consider an
appeal of Planning Commission decision relating to a Tree Removal Permit TC-02-199. Property
Location: 131 Wilder Avenue. Appellant: Gary Zelasko.
The following people from the audience addressed this issue:
Gary Zelasko, believes that this tree presents a danger to his family. He noted arborists’ reports
and the need to remove this tree from his property. He spoke of the many other trees that will still
be present on the site.
Ray Davis, spoke about distribution of desk items for the public. (Mayor Decker noted that desk
items have been left on the table in the foyer for public review before the Council convenes). He
also asked when there would be a new and updated tree ordinance initiated.
No one else from the audience addressed this issue.
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Town Council Minutes December 2, 2002
Redevelopment Agency Los Gatos, California
WILDER AVENUE 131/TREE REMOVAL REQUEST/CONT.
Motion by Mr. Glickman, to uphold the appeal and grant the tree removal permit, due to
possible safety issues. Motion died due to lack of a second.
Motion by Mr. Pirzynski, seconded by Ms McNutt, to uphold the Planning Commission’s
decision and deny the appeal of the tree removal permit. Carried by 4 ayes. Mr. Glickman voted
no.
TREASURER’S REPORT (06.02)
Speaker, Ray Davis, asked that the Treasurer be the sole person responsible for the Town’s
investments and that this duty not be shared with a hired consultant.
Council Consensus that Council accept and file informational report submitted by the Treasurer
to the Council for the month ended October 31, 2002.
COUNCIL MEETING SCHEDULE/FISCAL YEAR 2002-2003 (08.28)
Speaker, Ray Davis, asked that the Town hold some New England styled Town meetings
Council Consensus to amend the Town Council Meeting Schedule for 2002-2003, updating it
with previously held Council meetings, and adding Special Closed Session on December 10th,
Study Session on December 16th, 2002 and Council Retreat on January 10 and 11, 2003.
PARKING LOT LEASE/VERIZON, CA, INC/RESOLUTION 2002-185 (09.34)
Ray Davis spoke in favor of placing the Skateboard Park on the Verizon Lot and the Bus Depot
Lot, noting that these locations are central to downtown and should be considered in the selection
process.
Council Consensus that Council adopt Resolution 2002-185 entitled, RESOLUTION OF THE
TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO NEGOTIATE
AND EXECUTE THE FIRST AMENDMENT TO THE AGREEMENT FOR PARKING
LEASE BETWEEN THE TOWN OF LOS GATOS AND VERIZON CALIFORNIA, INC.
Carried unanimously.
DOWNTOWN STREETSCAPE/PHASE 2/DOWNTOWN GATEWAYS/DESIGN (16.31)
Mayor Decker noted that staff reports would be given regarding the Santa Cruz Avenue
Streetscape Project and the Downtown Gateways, and time would be given for Council
discussion and public input to determine direction for staff concerning design and project
development.
Director of Public Works, John Curtis, spoke of the timing between CalTrans’ input, the design
phase, acceptance of bids and actual construction. The next phase of the streetscape would
continue in the spring.
Council Comments:
There was some discussion concerning the drainage at the Bank of America, and the bulb out at
Almendra which may constrict through traffic. Drainage may be moved to University where
there is sufficient piping. Engineers will examine the alternatives.
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Town Council Minutes December 2, 2002
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Greg Stowers, asked that business owners be considered during Phase 2 and that some marketing
strategies be allowed to offset the impacts of construction on some businesses.
Margaret Smith, noted that construction continued after October 1st although it was supposed to
stop at that time. She asked that construction cease close to Easter and again close to July 4 th.
She asked for parking hand outs and dates that construction would be on hold, to give to patrons
so they will know when to return for shopping.
DOWNTOWN STREETSCAPE/PHASE 2/DOWNTOWN GATEWAYS/CONT.
Chris Miller, biker, asked that an easier access route be placed by Main Street for trail users to be
able to get on and off the trail downtown.
Council comments regarding the Gateways: 1) Designs need input from staff and public; 2)
Funding available 2003-2005; 3) Discussion work shops will be needed; 4) Practicality and
beauty should work together; 5) Define the purpose of a gateway or of several different
gateways; 6) Welcoming and practical gateways but not in a “Hollywood” style; 7) Small town
ambiance encouraged; 8) Round abouts to be explored with input from Police Department and
traffic safety issues addressed; 9) Use caution before changing intersections that might lead to
stacking instead of easing traffic congestion. Council agreed to develop a working group to
provide input to staff throughout the process.
FARMERS’ MARKET LOCATION (17.37)
Mayor Decker noted that staff report would be given regarding the relocation of the Farmers’
Market. Marty Woodworth, with Community Development, spoke of the needs of the market and
the public. He noted the need of the newly installed Town Plaza to mature at that site before it is
ready for heavy use. The grass needs to establish itself.
Speakers:
Margaret Smith supported the market returning to the Plaza. Her business was affected by the
move and is looking forward to the return. She does not mind sharing her bathroom facilities as
it brings shoppers to her establishment.
Melanie Defe, representing the Farmers’ Market, supports the return to the Town Plaza and also
supports the use of porta potties to ease the burden on the surrounding businesses.
Terri Hope of the LG Roasting Co, asked for porta potties as her establishment bares a heavy use
of bathroom facilities since she is so close to the activities. She noted that the trash receptacles
were also very heavily used in that vicinity and she would prefer that the Market remain at the
Civic Center.
Council Consensus to return the Farmers’ Market to the Town Plaza by February 2, 2003, noting
that it is a contributor to the community, extends energy through East Main, and is appropriate on
Montebello Way.
COUNCIL MATTERS (18.28)
Mr. Glickman announced that on December 7th, there would be a collection and drop off point
for gifts for the needy at 257 Longridge Road. This is being sponsored by Sacred Heart Church.
Mrs. Decker reminded everyone of the Christmas Tree Lighting in the Town Plaza this Friday
night.
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Town Council Minutes December 2, 2002
Redevelopment Agency Los Gatos, California
MANAGER MATTERS (19.28)
Mrs. Figone noted that the street tree lights would be on tonight for the Holiday Season.
ADJOURNMENT
Mayor Decker closed this evening’s meeting at 10:03 p.m.
ATTEST
Marian V. Cosgrove
Town Clerk
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