M 10-21-02TOWN OF LOS GATOS
CALIFORNIA
TOWN COUNCIL/PARKING AUTHORITY
JOINT REDEVELOPMENT AGENCY
October 21, 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, October 21,
2002, in joint special, study session and 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.
CLOSED SESSION (XX.28)
Town Attorney, Orry Korb, reported that Council had met in Closed Session this evening pursuant
to Government Code Section 54957, Public Employee Performance Evaluation, in reference to
the Town Manager. No final action was taken.
Town Attorney, Orry Korb, reported that Council had met in Closed Session on October 14,
2002, at 5:00 p.m., in the Town Council Chambers, 110 E. Main St., Los Gatos, pursuant to
Government Code Section 54957, Public Employee Performance Evaluation, in reference to the
Town Attorney. No final action was taken.
COMMENDATION/BUSINESS RECOGNITION/LOS GATOS EUROPEAN (XX.28)
Mayor Attaway presented the Business Recognition commendation from the Town of Los Gatos
to Scott Davis and Jim Amodeo for their outstanding and exceptional service to the residents of
our community in the operations of their business, Los Gatos European.
COMMENDATIONS/MUSIC IN THE PLAZA/COMMUNITY PROGRAM (XX.28)
Mayor Attaway presented commendations from the Town in praise of the Music in the Plaza
program. These were given to those businesses that have done so much for our community with
contributions and volunteer work in support of this music concert each summer. They are as
follows: Yoga Center of Los Gatos; Bob Lewis Volkswagen; eBay Foundation; Los Gatos Weekly
Times; Bill Gould Design; Rotary Club of Los Gatos; Washington Mutual; Alain Pinel Realtors;
Landworks, Inc; Courtside Club; Toll House Hotel; Baughman Financial; Community Hospital of
Los Gatos; Steamer’s Grillhouse; Los Gatos Coffee Roasting Company; The Garden Inn Hotel;
The Addison-Penzak Jewish Community Center of Silicon Valley; Wells Fargo; Cheryl Ward
Kitchen Design; Ward Design Build; Andale’ Taqueria; and Gil and Sandy Decker.
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Town Council Minutes October 21, 2002
Redevelopment Agency Los Gatos, California
SCHEDULE OF PUBLIC HEARINGS (01.28)
Motion by Mr. Glickman, seconded by Mr. Blanton, to accept and file informational report
regarding currently scheduled public hearings. Carried unanimously.
PLANNING COMMISSION/PLANNING DEPARTMENT MONTHLY STATUS REPORT (02.38)
Motion by Mr. Glickman, seconded by Mr. Blanton, to accept and file informational report
regarding activity of Planning Commission and Department. Carried unanimously.
CODE COMPLIANCE/QUARTERLY REPORT (03.38)
Motion by Mr. Glickman, seconded by Mr. Blanton, to accept and file informational report from
the Code Compliance Officer for July through September 2002 regarding abatement of code
violations. Carried unanimously.
RATIFICATION OF PAYROLL/SEPTEMBER-OCTOBER 2002 (04.V)
Motion by Mr. Glickman, seconded by Mr. Blanton, that Council ratify the check registers for
the payroll of September 15, 2002 through September 28, 2002, paid on October 4, 2002, in the
amount of $561,415.20. Carried unanimously.
ACCOUNTS PAYABLE/RATIFICATION/OCTOBER 2002 (05.V)
Motion by Mr. Glickman, seconded by Mr. Blanton, that Council ratify the accompanying
check registers for accounts payable invoices paid on October 4, 2002, and October 11, 2002 in
the amount of $763,953.65. Carried unanimously.
FRIENDS OF LOS GATOS LIBRARY/TRUST FUND/VALLEY FOUNDATION (07.33)
Motion by Mr. Glickman, seconded by Mr. Blanton, that Council accept donation of $23,000 to
the Library Trust Fund from the Friends of Los Gatos Library, obtained through a grant from the
Valley Foundation for the purchase of materials and equipment for customers with visual
impairment, and authorize budget adjustment in the amount of $23,000 to FY 2002/03 budget -
Program 7710 - Library Trust Fund. Carried unanimously.
WOOD ROAD 110/EPISCOPAL HOMES FOUNDATION/RESOLUTION 2002-163 (08.15)
Motion by Mr. Glickman, seconded by Mr. Blanton, that Council adopt Resolution 2002-163
entitled, RESOLUTION OF THE TOWN OF LOS GATOS DENYING AN APPEAL OF A
PLANNING COMMISSION DECISION DENYING A GRADING PERMIT TO
CONSTRUCT NEW PARKING SPACES, RETAINING WALLS AND EMERGENCY
ACCESS ROAD IMPROVEMENTS ON PROPERTY ZONED RPD (THE MEADOWS.)
Carried unanimously.
KENNEDY ROAD 15310/UNDERGROUND WATER STORAGE/RESOLUTION 2002-164
(09.15)
Motion by Mr. Glickman, seconded by Mr. Blanton, that Council adopt Resolution 2002-164
entitled, RESOLUTION OF THE TOWN OF LOS GATOS GRANTING AN APPEAL OF A
DECISION OF THE PLANNING COMMISSION APPROVING CONSTRUCTION OF
AN UNDERGROUND CONCRETE RESERVOIR ON PROPERTY ZONED HR-2 ½ , S-
01-57; ND-01-0015; Property Owner: Green Eyes. Carried unanimously.
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Town Council Minutes October 21, 2002
Redevelopment Agency Los Gatos, California
UNIVERSITY AVE 50/THE WINE CELLAR RESTAURANT/RESOLUTION 2002-165 (10.15)
Motion by Mr. Glickman, seconded by Mr. Blanton, that Council adopt Resolution 2002-165
entitled, RESOLUTION OF THE TOWN OF LOS GATOS APPROVING A REQUEST TO
MODIFY AN EXISTING CONDITIONAL USE PERMIT TO INCREASE THE HOURS
OF OPERATION FOR AN EXISTING RESTAURANT ON PROPERTY ZONED C-
1:LHP:PD. Carried unanimously.
FIRE PREVENTION & PROTECTION/TOWN CODE CHAPTER 9/ORDINANCE 2105 (11.37)
Motion by Mr. Glickman, seconded by Mr. Blanton, that Council adopt Ordinance 2105 entitled,
ORDINANCE OF THE TOWN OF LOS GATOS ADOPTING A NEW CHAPTER 9 OF
THE TOWN CODE REGARDING FIRE PREVENTION AND PROTECTION
(INCLUDES PROVISIONS FROM THE UNIFORM FIRE CODE 2000 AND 2001
EDITION), which was introduced on October 7, 2002. Carried unanimously.
TOWN CONFLICT OF INTEREST CODE/CHAPTER 20/DIVISION 4/ORDINANCE 2106
(12.01)
Motion by Mr. Glickman, seconded by Mr. Blanton, that Council adopt Ordinance 2106 entitled,
ORDINANCE OF THE TOWN OF LOS GATOS AMENDING TOWN CONFLICT OF
INTEREST CODE (DIVISION 4 OF ARTICLE III OF CHAPTER 2) TO UPDATE
DESIGNATED POSITIONS, which was introduced October 7, 2002. Carried unanimously.
DOWNTOWN STREET BEAUTIFICATION IMPROVEMENTS/PROJECT 0233
BFK ENGINEERS/DESIGN AGREEMENT/RESOLUTION 2002-166 & 2002-27RD (13.24)
Motion by Mr. Glickman, seconded by Mr. Blanton, that Council adopt Resolution 2002-166 &
2002-27RD entitled, RESOLUTION OF THE TOWN COUNCIL/REDEVELOPMENT
AGENCY OF THE TOWN OF LOS GATOS APPROVING AN AGREEMENT FOR
PROFESSIONAL SERVICES WITH BKF ENGINEERS IN CONNECTION WITH THE
DESIGN OF THE DOWNTOWN STREET BEAUTIFICATION AND IMPROVEMENT
PROJECT 0233. Carried unanimously.
VERBAL COMMUNICATIONS (XX.28)
Telephone Pole Removal on Wedgewood:
Carla Dougher spoke of the telephone utility pole problem in her neighborhood. She noted the
30 to 60 day request which has not been responded to and then spoke of the October 11 th deadline
which also has not been adhered to. Town Manager, Mrs. Figone, will see that PG&E and
PacBell are contacted again and will ask that they contact Ms Dougher themselves about the
resolution of this situation.
Ray Davis supported Ms Dougher’s position and requested immediate assistance regarding the
issue.
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Town Council Minutes October 21, 2002
Redevelopment Agency Los Gatos, California
HEARINGS
ALBERT COURT 113/SECOND STORY RESIDENTIAL/APPEAL (16.15)
Mayor Attaway stated that this was the time and place duly noted for public hearing to consider
an appeal of the decision of the Planning Commission approving construction of a second story
addition on property zoned R-1:8. Minor Residential Development Application MR-02-3.
Property Location: 113 Albert Court. Property Owner: Ronnie and Jane Kon.
Applicant/Appellant: Charles Brown.
The following people from the audience addressed this issue:
Jane Kon, Owner, spoke of her neighborhood supporting this proposal for new addition. She
noted that it was within the FAR and that the design was tasteful and covered the second story.
Charles Brown, Applicant and Architect, praised the Planning Department and spoke on the
notion of uniformity and compatibility of the new homes within the neighborhood.
Pam Imsen, supported the proposal and spoke of the attractiveness of the project. She believed
that it would blend well with the neighborhood.
Jill MacAfee, approved the new remodel of the home and believed it would benefit the
neighborhood.
Jane Kon, also submitted a letter from her neighbor, Cindy Cameau, who supported the
improvements to the Kon’s home.
There was no one else from the audience to addresses this issue.
Motion by Mr. Blanton, seconded by Mr. Glickman, to close the hearing. Carried unanimously.
Motion by Mrs. Decker, seconded by Mr. Glickman, to grant the appeal on grounds of Planning
Commission’s error in interpretation of the General Plan, thereby supporting the redesign, and
finding it compatible by allowing needed improvements to neighborhoods. Motion failed with 2
ayes. Mr. Blanton, Mr. Pirzynski and Mr. Attaway voted no.
Motion by Mr. Blanton, seconded by Mr. Pirzynski, to uphold the Planning Commission’s
decision and deny the appeal. Carried by a vote of three ayes. Mrs. Decker and Mr. Glickman
voted no.
WOODLAND AVENUE 484/MOBILE HOME PARK CONVERSION (17.15)
Mayor Attaway 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.
Mr. Davis requested a tally of accumulated traffic counts be kept incorporating all new
development.
Motion by Mrs. Decker, seconded by Mr. Glickman to close the hearing. Carried unanimously.
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Town Council Minutes October 21, 2002
Redevelopment Agency Los Gatos, California
Motion by Mrs. Decker, seconded by Mr. Glickman, to continue this hearing to December 2,
2002. Carried unanimously.
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Town Council Minutes October 21, 2002
Redevelopment Agency Los Gatos, California
HEARINGS CONTINUED
TABLE OF CONDITIONAL USES, SEC.29.20.185/FINDINGS & DECISIONS, SEC.29.20.190
(18.37)
DEFINITIONS, SEC. 29.10.020/ZONE CODE AMENDMENTS/ORDINANCE INTRODUCTION
Mayor Attaway stated that this was the time and place duly noted for public hearing to consider
amending: “Table of Conditional Uses,” Town Code Section 29.20.185; “Findings and
Decisions,” Town Code Section 29.20.190; and “Definitions,” Town Code Section 29.10.020. It
has been determined that this project could not have a significant impact on the environment;
therefore, the project is not subject to the California Environmental Quality Act (Section 15061
(b)(3)). Application: A-02-1. Applicant: Town of Los Gatos.
The following people from the audience addressed this issue:
Ray Davis raised the issue of the moratorium on permits for cellular antennae and requested
Council’s support on initiating a strong policy.
Jim Derryberry spoke for the Chamber of Commerce regarding definition of formula stores. He
noted the diversity in the downtown and how this definition will affect existing businesses. He
asked that the Chamber be in partnership with the Town to help support this diversity.
Donn Byrne, addressed the fact that the limits placed on use of one’s property places very
decided economic limits on the property owner.
No one else from the audience addressed this issue.
Motion by Mr. Glickman, seconded by Mrs. Decker, to close the public hearing. Carried
unanimously.
Mr. Glickman requested that Item C, Section 4, on Page 3, concerning Nursery School and Day
Care, be deleted, and that Item H, Section 9, on Page 6, concerning Vinyards and Orchards also
be removed from requiring a CUP. There was no Council consensus for this request.
Motion by Mrs. Decker, seconded by Mr. Pirzynski, to accept the Planning Commission’s
recommendation and approve the Zoning Code Amendment reflected as Attachment 2 of the
report. Carried by a vote of 4 ayes. Mr. Glickman voted no.
Mrs Decker made the required findings as reflected in Attachment 1 of the report.
The Town Clerk read the Title of the Proposed Ordinance.
Motion by Mrs. Decker, seconded by Mr.Pirzynski, that Council waive the reading of the
Proposed Ordinance. Carried by a vote of 4 ayes. Mr. Glickman voted no.
Motion by Mrs. Decker, seconded by Mr. Pirzynski, that Council introduce Proposed Ordinance
entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONING
ORDINANCE OF THE TOWN CODE REGARDING SECTIONS 29.10.020, 29.20.185,
AND 29.20.190. Carried by a vote of 4 ayes. Mr. Glickman voted no.
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Town Council Minutes October 21, 2002
Redevelopment Agency Los Gatos, California
MINUTES OF OCTOBER 7, 2002 (06.V)
Ray Davis pulled this item from consent and spoke to the issue of his comments not being
addressed in the minutes to his satisfaction, but on this particular occasion he was satisfied.
Motion by Mr. Glickman, seconded by Mr. Blanton, that Council approve the Minutes of
October 7, 2002, Joint Council/Redevelopment Agency Meeting as submitted. Carried
unanimously.
FIRST QUARTER BUDGET PERFORMANCE & STATUS REPORT (19.09)
Town Finance Director, Steve Conway, gave an overview of the status of the Town’s financial
condition as of the end of the first quarter of the fiscal year for Council’s consideration.
Motion by Mr. Glickman, seconded by Mr. Pirzynski, to accept the 2002-2003 first quarter
budget performance and status report and authorize budget reserve utilization as recommended in
the attached first quarter budget performance report. Carried unanimously.
CAPITAL IMPROVEMENT PROGRAM/QUARTERLY STATUS REPORT (20.09)
Town/Agency Public Works Director, John Curtis, gave an overview of the status of the
Town’s/Agency’s Capital Improvement Program at the end of the first quarter of Fiscal Year
2002-2003.
Ray Davis questioned the 15 million designated for road repair and asked when this work would
be completed. He asked that the Town charge Park Fees on all new construction to go toward a
Park Fund for the construction and upkeep of the Skateboard Park. He asked that the Skateboard
Park be built at the old Bus Depot Lot. He also applauded the installation of the new audio visual
equipment in the Council Chambers.
Motion by Mr. Glickman, seconded by Mr. Blanton, to accept the quarterly status report on the
Town’s/Agency’s Capital Improvement program. Carried unanimously.
ARCHITECTURAL STANDARDS/CELLAR & ATTIC POLICIES/RESOLUTION 2002-167
(21.37)
Mayor Attaway stated that this was the time and place duly noted to consider adopting resolution
establishing Cellar and Attic Policies.
Bud Lortz, Planning Director, noted that the Cellar Policy would be changed from 3 feet above
grade to 4 feet above grade and the Attic Policy would be modified from 7 feet measured down to
4½ feet to the Uniform Building Code of 7½ feet measured down to 5 feet.
Ray Davis disapproved in the change to the permitted size of attic space believing that it will
encourage the utilization of illegal living space.
Gary Schloh, Architect, spoke of homes on level sites not presenting a problem but of those on
hillsides that do not adhere to the requirements consistently. He noted that the 4 foot policy
would be far easier to work with giving light and accessability to the living space.
Motion by Mr. Glickman, seconded by Mr. Pirzynski, that Council adopt Resolution 2002-167
entitled, RESOLUTION OF THE TOWN OF LOS GATOS ADOPTING
ARCHITECTURAL POLICIES FOR CELLAR AND ATTIC CONSTRUCTION. Carried
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Town Council Minutes October 21, 2002
Redevelopment Agency Los Gatos, California
unanimously.
COUNCIL MATTERS (22.28)
Mrs. Decker spoke of Pat Dando, City Council Member in San Jose, who is a recent victim of a
stroke. She was brought, by accident, to Good Samaritan Hospital that has a twenty-four hour
stroke victim team on call. Because of her experience she is posing legislation requiring
emergency vehicles and ambulance crews to be supplied with information and direction to those
specific hospitals that have 24 hour teams on call to treat this type of emergency.
Mr. Glickman believes that the ambulance services know where the various types of trauma
services are located. He thinks we need only reconfirm a policy already in place.
Mr. Pirzynski noted that legislation only requires that the emergency vehicles transport the
victims to the nearest hospital unless it is decided that the patient is a trauma victim, and strokes
are not considered a trauma.
MANAGER MATTERS (23.28)
Mrs. Figone, Town Manager, spoke of the Animal Control Facility and meetings with other JPA
participants in this program. The City Manager’s are having the fiscal analysis done which
includes comparisons with other facilities including the technical aspects of building such a
complex which is to provide very specific care and services. This work is well underway and the
analysis is forthcoming but in order to ensure coverage of all aspects the team is requesting a
completion date toward the end of December. This will be requested at the next board meeting at
which Mrs. Decker and Mr. Glickman will be present.
ADJOURNMENT
Mayor Attaway closed this evening’s meeting at 9:36 p.m.
ATTEST:
Marian V. Cosgrove
Town Clerk
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