M 02-19-02TOWN OF LOS GATOS
CALIFORNIA
TOWN COUNCIL/PARKING AUTHORITY
JOINT REDEVELOPMENT AGENCY
February 19, 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 7:04 p.m., Tuesday, February
19, 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.
CLOSED SESSION (XX.28)
Town Attorney, Orry Korb, reported that Council had met in Closed Session prior to this
evening’s meeting pursuant to Government Code Section 54956.8(a), regarding Real Property
Negotiations concerning Property at 17 and 25 Fiesta Way. Negotiating Parties: Town of Los
Gatos and Rich and Bethany Pfaff (17 Fiesta Way) and Robert Broenen, Daniela Salvadori, Rick
and Bethany Pfaff (25 Fiesta Way). Price and terms of payment under negotiation. Council gave
direction. No final action was taken.
SCHEDULE OF PUBLIC HEARINGS (01.28)
Motion by Mr. Glickman, seconded by Mr. Pirzynski, 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. Pirzynski, to accept and file informational
report regarding Planning Commission and Community Development Monthly status report.
RATIFICATION OF PAYROLL/JANUARY-FEBRUARY 2002 (03.V)
Motion by Mr. Glickman, seconded by Mr. Pirzynski, that Council ratify the check
registers for the payroll of January 20, 2002 through February 2, 2002, paid on February
8, 2002 in the amount of $503,802.12. Carried unanimously.
ACCOUNTS PAYABLE/RATIFICATION/FEBRUARY 2002 (04.V)
Motion by Mr. Glickman, seconded by Mr. Pirzynski, that Council ratify the
accompanying check registers for accounts payable invoices paid on February 1, 2002, and
February 8, 2002 in the amount of $1,452,779.14. Carried unanimously.
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MINUTES OF FEBRUARY 4, 2002 (05.V)
Motion by Mr. Glickman, seconded by Mr. Pirzynski, that Council approve the Minutes of
February 4, 2002 Town Council/Redevelopment Agency Meeting as submitted. Carried
unanimously.
PLANNING COMMISSION APPLICANTS/INTERVIEW PROCESS (06.12)
Motion by Mr. Glickman, seconded by Mr. Pirzynski, that Council accept report on
orientation and interview process for Planning Commissioner applicants. Carried unanimously.
DISADVANTAGED BUSINESS ENTERPRISE (DBE) RESOLUTION 2002-14 (07.23)
Motion by Mr. Glickman, seconded by Mr. Pirzynski, that Council adopt Resolution
2002-14 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING
DISADVANTAGED BUSINESS ENTERPRISE (DBE) PARTICIPATION FOR USE ON
U.S. DEPARTMENT OF TRANSPORTATION FUNDED PROJECTS . Carried
unanimously.
TREE PRUNING AND REMOVAL/PROJECT 0226/RESOLUTION 2002-15 (08.24)
Motion by Mr. Glickman, seconded by Mr. Pirzynski, that Council adopt Resolution
2002-15 entitled, RESOLUTION OF THE TOWN OF LOS GATOS APPROVING THE
SPECIFICATIONS FOR CAPITAL PROJECT 0226 TREE PRUNING AND REMOVAL
AND AUTHORIZING STAFF TO ADVERTISE THE PROJECT FOR BIDS. Carried
unanimously.
CURB-GUTTER-SIDEWALK RECONSTRUCTION/PROJECT 0203/RESO 2002-16 (09.24)
Motion by Mr. Glickman, seconded by Mr. Pirzynski, that Council adopt Resolution
2002-16 entitled, RESOLUTION OF THE TOWN OF LOS GATOS ACCEPTING WORK
OF J.J.R.CONSTRUCTION, INC. FOR PROJECT 0203 CURB, GUTTER, AND
SIDEWALK RECONSTRUCTION AND AUTHORIZING THE TOWN MANAGER TO
EXECUTE CERTIFICATE OF ACCEPTANCE OF WORK AND NOTICE OF
COMPLETION FOR RECORDING BY THE TOWN CLERK ; Approve Change Order in
connection with Project 2003; and authorize Budget Amendment as recommended in the Fiscal
Impact Section. Carried unanimously.
LOS GATOS BOULEVARD 15047/ZONING MAP AMENDMENT/ORDINANCE 2094 (10.15)
Motion by Mr. Glickman, seconded by Mr. Pirzynski, that Council adopt Ordinance 2094
entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONING
MAP FROM RC TO CH FOR PROPERTY LOCATED AT 15047 LOS GATOS
BOULEVARD, which was introduced at the Council meeting of February 4, 2002. Carried
unanimously.
VERBAL COMMUNICATIONS (XX.28)
Juvenile Apprehension:
William Stewart, III, PO Box 1951, Los Gatos, CA, spoke regarding Police Department actions
concerning his son who was found in possession of a spray paint can which he did not know was
illegal. Mr. Stewart requested resolutions dropping his son’s charges and giving notice to the
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High School of the rights of minors to consent to search. He believes that the police department
is not cooperating with him and is causing him to devote a great deal of his time to this issue.
VERBAL COMMUNICATIONS CONT. (XX.28)
General Plan Amendment:
Ray Davis, resident, spoke of the great number of increased car trips due to the Sobrato proposal
on Winchester Boulevard, and the change to the character of the Town by allowing this project.
He spoke of the increase in traffic coming through Town.
HEARINGS
CYPRESS AVENUE 16840/HILLSIDE RESIDENTIAL/APPEAL (15.15)
Mayor Attaway announced that this was the time and place so noted for public hearing to
consider an appeal of a decision of the Planning Commission denying a grading permit, a
swimming pool, new landscaping and retaining walls on property zoned HR-1. Conditional Use
Permit U-01-3. Architecture and Site Application S-01-50. Property Location: 16840 Cypress
Way. Property Owner/Applicant/Appellant: Ali Amidy.
Mr. Lortz, Director of Community Development, noted that the Planning Commission was
forced to take action on this project due to time limits under the permit streamlining act and
therefore denied the project. Mr. Lortz spoke of the Planning Commission’s conclusion that the
project was inconsistent with the Hillside Standards and that the Commission noted a number of
concerns with regard to geotechnical and hydrologic issues, particularly drainage and tree
concerns. He noted that the project is feasible according to the geotechnical expert who was
hired by the town at the applicant’s expense, and spoke of the proposed construction elements to
be studied as the project moves forward. The town engineer has reviewed the file in depth and is
prepared to answer any technical questions Council may have.
Mr. Korb, Town Attorney, noted that additional technical review would take place at three
separate occasions as the project proceeds.
Mr. Pirzynski spoke of two pool failures on that hillside and asked what had caused those
failures.
Mayor Attaway suggested that the pool element of the proposal be more thoroughly reviewed.
The following people from the audience addressed this item:
Eric Haiman, Attorney for the applicant, representing Atwood, Haiman and Westerburg, noted
that Mr. Amidy was present at the opening of the hearing. He spoke of the permit streamlining
act and the application itself. He spoke of the geotechnical report and the compliance of the
applicant to all suggestions of that report.
Nancy Llewellyn, 16880 Cypress Way, spoke of inappropriate lot for building a pool on this
hillside and asked for denial of proposal.
Stephen Imrie, 16700 Cypress Way, spoke against the project due to traffic increase during the
construction and spoke regarding safety to an old oak tree in the vicinity.
John De Santis, 16860 Cypress Way, spoke of the hillside slope and slope stability in relation to
practicality of building a pool on this site. He spoke of the insufficiency of the geotechnical
report.
Ray Davis, resident, spoke of the geotechnical review of the project and of the de novo status of
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the project.
Ralph Meni, 16880 Cypress Way, spoke against the proposal and the pool.
Mary Llewellyn-Saunders, 2716 Granville Ave., Los Angeles, spoke of retaining walls and clay
soil which do not lead to a safe location for a swimming pool.
HEARINGS CONTINUED
CYPRESS AVENUE 16840/RESIDENTIAL/CONTINUED
Speakers continued:
Phil Couchee, 16900 Cypress Way, spoke of the water runoff in the hills and the unstable
hillside. He spoke against this particular project on the hillside.
Betty Rayfield, 16800 Cypress Way, spoke of the mud and water on her property and in her
basement. She spoke of the failed pool on her lot. She does not favor this project.
Sue Imrie, 16706 Cypress Way, spoke of the wet and swampy land on this road. She spoke of
earth movement and a failed pool just six months after it was put in. She also spoke of trees that
are dying due to poor drainage on the hillside.
Cindy De Santis, 16860 Cypress Way, spoke of the water runoff from the proposed project; that
the construction driveway is insufficient to build the project; and that the water runoff from the
property is being redirected to other people’s property.
Eric Maiman, Attorney, spoke of appropriate drainage systems that the developer will be placing
on his property. He spoke of the location of the pool on the flat surface of this property.
No one else from the audience addressed this issue.
Motion by Mrs. Decker, seconded by Mr. Glickman, to close the public hearing. Carried
unanimously.
Council Comments:
Mrs. Decker spoke of eight elements to be addressed when building a project such as this in the
hillsides: Soils and Geology; Drainage, Swales and Creeks; Topography including Natural
Features; Existing Vegetation; Views from the Site; Views from other Properties to the Site;
Design Relationships with the Adjoining Parcels and other Development. She spoke of looking
for the best design on this very fragile hillside.
Motion by Mr. Glickman, seconded by Mrs. Decker, to remand this proposal to the Planning
Commission with the caveat to get the engineering report to the best level possible to ensure that
the project is safe and feasible; to not allow anything but the very best of construction elements
including the swimming pool and water runoff; and that the Hillside Standards be readily
applied.
Mr. Blanton believes that Planning Commission acted reasonably and discussed the Hillside
Standards, he also does not believe that Cypress is an appropriate location for this project.
Mr. Pirzynski spoke of the history of instability on Cypress and the present evidence of road and
drainage swale failure due to subterranean aquatic features.
Mayor Attaway believes that anything can be engineered to work but the real issue seems to be
lack of conformance to the Hillside Standards.
Motion failed by a vote of 2 ayes. Mr. Blanton, Mr. Pirzynski and Mr. Attaway voting no.
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Motion by Mr. Pirzynski, seconded by Mr. Blanton, to uphold the Planning Commission and
deny the appeal. Carried unanimously.
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SKY LANE 14725/RIGHT-OF-WAY VACATION/RESOLUTION 2002-17/HEARING (16.15)
Mayor Attaway announced that this was the time and place so noted for public hearing to
consider a summary vacation of a right of way for ingress and egress over property located at
14725 Sky Lane, Parcel No. 537-27-02.
No one from the audience addressed this item.
Motion by Mr. Blanton, seconded by Mr. Pirzynski, to close the public hearing. Carried
unanimously.
Motion by Mr. Glickman, seconded by Mrs. Decker, that Council adopt Resolution 2002-17
entitled, RESOLUTION OF THE TOWN OF LOS GATOS APPROVING SUMMARY
VACATION OF RIGHT OF WAY FOR INGRESS AND EGRESS OVER PROPERTY
LOCATED AT 14725 SKY LANE, ASSESSOR’S PARCEL # 537-27-02. Carried
unanimously.
WINCHESTER BOULEVARD 14300-14350/ZONE CHANGE/ORDINANCE 2095 (11.15)
Mr. Davis, resident, spoke of the prior public hearing noting the proposed General Plan
Amendment. He reminded Council that they had made a determination that the proposal was
consistent with the General Plan and that the GPA was therefore unnecessary. He believes
Council’s action is in error.
Motion by Mr. Pirzynski, seconded by Mr. Glickman, that Council adopt Ordinance 2095
entitled, AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONING
ORDINANCE EFFECTING A ZONE CHANGE FROM CM TO CM:PD AT 14300-14350
WINCHESTER BOULEVARD, which was introduced at the Council meeting of February 4,
2002. Carried unanimously.
TRAFFIC CALMING POLICY REPORT (17.41)
Mayor Attaway announced that this was the time and place so noted to consider accepting report
on the revised traffic calming policy
John Curtis, Director of Parks and Public Works, gave an overview of the revised traffic calming
policy and the history leading up to those revisions.
Marc Jensen, 120 Oak Rim Way #1, thanked Council for its continued interest in the traffic
issues of the neighborhoods of Los Gatos. He approved of the revised policy but asked that some
additional thought go into the policy concerning pedestrians, such as sidewalks for children going
to school, the needs of the elderly and disabled and bicycle accommodations. Including a
pedestrian plan would mesh with Safe Routes to School grant applications and would work with
the VTA multi model development guidelines. The Town could then leverage off VTA for
funding of these types of plans by possibly getting the engineering portion paid for.
Ray Davis, resident, spoke of the increased traffic impacts on Winchester due to the Sobrato
project.
Motion by Mr. Glickman, seconded by Mr. Blanton, that Council accept staff report on revised
Traffic Calming Policy and include additional language briefly referencing pedestrian issues.
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Carried unanimously.
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CABLE TELEVISION/FRANCHISE RENEWAL/RESOLUTION 2002-18 (18.35)
Mayor Attaway announced that this was the time and place so noted to consider report of cable
franchise renewal negotiation process and adopting a resolution authorizing the Town Manager to
enter into and execute a contract for cable television franchise renewal consulting services with
Miller and Van Eaton.
Ray Davis, resident, spoke regarding the time line for implementation of cable installation and
TV filming of the Council and Planning Commission meetings.
Motion by Mr. Blanton, seconded by Mr. Glickman, to receive and file report on cable television
franchise renewal negotiation process. Carried unanimously.
(This motion took place after Item 19 was heard.)
Motion by Mr. Pirzynski, seconded by Mrs. Decker, that Council adopt Resolution 2002-18
entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN
MANAGER TO EXECUTE A CONTRACT/AGREEMENT WITH MILLER AND VAN
EATON FOR CABLE FRANCHISE RENEWAL CONSULTING SERVICES. Carried
unanimously.
MID-YEAR BUDGET PERFORMANCE & STATUS REPORT/RESOLUTION 2002-19
(19.09&29)
Steve Conway, Finance Director, gave summary report of the mid-year budget performance
status from July through December 2001.
Motion by Mr. Glickman, seconded by Mrs. Decker, that Council accept FY2001/2002 mid-year
budget performance status report. Carried unanimously.
Motion by Mr. Glickman, seconded by Mrs. Decker, that Council authorize budget adjustments
as recommended in the attached mid-year budget performance report. Carried unanimously.
Motion by Mr. Glickman, seconded by Mrs. Decker, that Council adopt Resolution 2002-19
entitled, RESOLUTION OF THE TOWN OF LOS GATOS AMENDING THE POSITION
AND CLASSIFICATION PLAN ADDING FINANCE PROJECT COORDINATOR AND
DELETING BUSINESS LICENSE ADMINISTRATOR. Carried unanimously.
COUNCIL MATTERS (20.28)
Mr. Glickman spoke of a presentation to the Trails and Bikeways Committee by the VTA
discussing available funding for projects. It was noted that other jurisdictions are presently
receiving funds from this agency and that our Town may want to consider presenting proposals
also. He asked staff’s cooperation in pursuing that resource for our proposed projects such as the
trail around Vasona Park.
Mr. Blanton reminded Council that Legislative Days are scheduled for April 2 nd & 3rd. He asked
Council members to keep these dates on their calendars so that Los Gatos can have a strong
showing in Sacramento. He acknowledged Jenny Haruyama’s contributions in this area, and
spoke about AB680 which would reapportion municipalities’ sales tax revenues. He also noted
the August 2002 Mayors and Council Members Meeting in Monterey.
ADJOURNMENT
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Mayor Attaway closed this evening’s meeting at 9:42 p.m.
ATTEST: Marian V. Cosgrove, Town Clerk
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