M 11-04-02TOWN OF LOS GATOS
CALIFORNIA
TOWN COUNCIL/PARKING AUTHORITY
JOINT REDEVELOPMENT AGENCY
November 4, 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, November
4, 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 prior to this
evening’s meeting, pursuant to Government Code Section 54957, regarding Public Employee
Performance Evaluation concerning the Town Manager. There was no reportable action taken.
PRESENTATION/BUSINESS RECOGNITION/ANTIQUARIUM (00.28)
Steve Blanton thanked Shirley Henderson for all her years of community involvement and her
outstanding business in the downtown. He noted her continued efforts on the downtown
beautification program and presented a resolution of commendation from the Town.
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.
COUNCIL CALENDAR OF MEETINGS (02.28)
Motion by Mr. Glickman, seconded by Mr. Blanton, that Council accept the November and
December 2002 Town’s Calendar of Meetings. Carried unanimously.
RATIFICATION OF PAYROLL/SEPTEMBER-OCTOBER 2002 (03.V)
Motion by Mr. Glickman, seconded by Mr. Blanton, that Council ratify the check registers for
the payroll of September 29, 2002 through October 12, 2002, paid on October 18, 2002, in the
amount of $558,785.74. Carried unanimously.
ACCOUNTS PAYABLE/RATIFICATION/OCTOBER 2002 (04.V)
Motion by Mr. Glickman, seconded by Mr. Blanton, that Council ratify the accompanying
check registers for accounts payable invoices paid on October 18, 2002 and October 25, 2002 in
the amount of $797,903.04. Carried unanimously.
N:\CLK\Council Minutes\2002\M11-04-02.wpd
Town Council Minutes November 4, 2002
Redevelopment Agency Los Gatos, California
TREASURER’S REPORT (05.02)
Motion by Mr. Glickman, seconded by Mr. Blanton, that Council accept and file informational
report submitted by the Treasurer to the Council for the months ended August 31, 2002 and
September 30, 2002. Carried unanimously.
MINUTES OF OCTOBER 21, 2002 (06.V)
Motion by Mr. Glickman, seconded by Mr. Blanton, that Council approve the Minutes of
October 21, 2002, Joint Council/Redevelopment Agency Meeting as submitted. Carried
unanimously.
DOWNTOWN & LOS GATOS BOULEVARD BANNER PROGRAM (07.31)
Motion by Mr. Glickman, seconded by Mr. Blanton, that Council approve the proposed
Downtown and Los Gatos Boulevard Banner Program. Carried unanimously.
AMICUS BRIEF/SAN JOSE CHRISTIAN COLLEGE VS CITY OF MORGAN HILL (09.28)
Motion by Mr. Glickman, seconded by Mr. Blanton, that Council authorize the Town Attorney
to include the Town of los Gatos as an amicus curiae in the case of San Jose Christian College vs.
the City of Morgan Hill, Ninth Circuit Court of Appeals, case 02-15693, at no cost to the Town.
Carried unanimously.
HOUSING AND EMERGENCY SHELTER TRUST FUND ACT/RESOLUTION 2002-168 (10.39)
Motion by Mr. Glickman, seconded by Mr. Blanton, that Council adopt Resolution 2002-168
entitled, RESOLUTION OF TOWN OF LOS GATOS SUPPORTING PROPOSITION 46,
THE HOUSING AND EMERGENCY SHELTER TRUST FUND ACT OF 2002. Carried
unanimously.
SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUNDS/RESOLUTION 2002-169 (11.36)
Motion by Mr. Glickman, seconded by Mr. Blanton, that Council adopt Resolution 2002-169
entitled, RESOLUTION OF TOWN OF LOS GATOS AUTHORIZING THE CONTINUED
EXPENDITURE OF FUNDS FROM THE SUPPLEMENTAL LAW ENFORCEMENT
SERVICES FUND (SLESF) FOR TWO ADDITIONAL POLICE OFFICERS TO BE
ASSIGNED AS A MOTORCYCLE TRAFFIC OFFICER AND A SCHOOL RESOURCE
OFFICER. Carried unanimously.
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) RESOLUTION 2002-170 (12.39)
Motion by Mr. Glickman, seconded by Mr. Blanton, that Council adopt Resolution 2002-170
entitled, RESOLUTION OF TOWN OF LOS GATOS AUTHORIZING THE TOWN
MANAGER TO EXECUTE THE FISCAL YEAR 2002-2003 COMMUNITY
DEVELOPMENT BLOCK GRANT CITY-COUNTY CONTRACT BETWEEN THE
COUNTY OF SANTA CLARA AND THE TOWN OF LOS GATOS AND DELEGATING
AUTHORITY TO EXECUTE CONTRACTS FOR FY 2003/04 AND FY 2004/05. Carried
unanimously.
ANNEXATION/SHANNON ROAD #21/16689-16695-16707 & 16717/RESOLUTION 2002-171
(13.26)
Motion by Mr. Glickman, seconded by Mr. Blanton, that Council adopt Resolution 2002-171
N:\CLK\Council Minutes\2002\M11-04-02.wpd
2
Town Council Minutes November 4, 2002
Redevelopment Agency Los Gatos, California
entitled, RESOLUTION OF TOWN OF LOS GATOS ORDERING THE
REORGANIZATION OF CERTAIN UNINHABITED TERRITORY DESIGNATED AS
SHANNON ROAD #21 (APN’S: 523-06-001, -044, -043 AND -004) TO THE TOWN OF
LOS GATOS. Carried unanimously.
N:\CLK\Council Minutes\2002\M11-04-02.wpd
3
Town Council Minutes November 4, 2002
Redevelopment Agency Los Gatos, California
PEDESTRIAN SAFETY PROGRAM GRANT/SPEED RADAR BOARD PROJECT (14.41)
CALIFORNIA DEPT OF TRANSPORTATION/BLOSSOM HILL/RESOLUTION 2002-172
Motion by Mr. Glickman, seconded by Mr. Blanton, that Council adopt Resolution 2002-172
entitled, RESOLUTION OF TOWN OF LOS GATOS AUTHORIZING THE TOWN
MANAGER TO EXECUTE ALL MASTER AGREEMENTS, PROGRAM SUPPLEMENT
AGREEMENTS, FUND TRANSFER AGREEMENTS, ANY AMENDMENTS THERETO
WITH THE CALIFORNIA DEPARTMENT OF TRANSPORTATION CONCERNING
THE PEDESTRIAN SAFETY PROGRAM GRANT FOR THE BLOSSOM HILL ROAD
SIDEWALK AND SPEED RADAR BOARD PROJECT. Carried unanimously.
ALBERT COURT 113/SECOND STORY/APPEAL DENIAL/RESOLUTION 2002-173 (15.15)
Motion by Mr. Glickman, seconded by Mr. Blanton, that Council adopt Resolution 2002-173
entitled, RESOLUTION OF TOWN OF LOS GATOS DENYING AN APPEAL OF A
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.) Carried unanimously.
TABLE OF CONDITIONAL USES, SEC.29.20.185/FINDINGS & DECISIONS, SEC.29.20.190
(16.38)
DEFINITIONS, SEC. 29.10.020/ZONE CODE AMENDMENTS/ORDINANCE 2107
Motion by Mr. Glickman, seconded by Mr. Blanton, that Council adopt Proposed Ordinance
2107 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 for reasons
noted in prior record.
PROJECT 0108/SANTA CRUZ AVE/STREETSCAPE & SIDEWALK PROJECTS (17.24)
Motion by Mr. Glickman, seconded by Mr. Blanton, that Council/Agency approve Contract
Change Order #1 in the amount of $126,289.00 with no change in total budget and also approve
Contract Change Order #2 in the amount of $86,033.00 with no change in total budget. Carried
unanimously.
PROJECT 0108/SANTA CRUZ AVE/STREETSCAPE & SIDEWALK/RESO 2002-174 (18.24)
Motion by Mr. Glickman, seconded by Mr. Blanton, that Council/Agency adopt Resolution
2002-174 entitled, RESOLUTION OF THE TOWN COUNCIL/REDEVELOPMENT
AGENCY OF THE TOWN OF LOS GATOS ACCEPTING WORK OF CB
CONSTRUCTION FOR PROJECT 0108 - NORTH SANTA CRUZ AVENUE
STREETSCAPE PROJECT - PHASE I - (SIDEWALK PROJECT) AND AUTHORIZING
THE TOWN MANAGER/EXECUTIVE DIRECTOR TO EXECUTE CERTIFICATE OF
ACCEPTANCE AND NOTICE OF COMPLETION FOR RECORDING BY THE TOWN
CLERK/SECRETARY. Carried unanimously.
VERBAL COMMUNICATIONS (XX.28)
Wedgewood Neighborhood Concerns:
Carla Dougher spoke in appreciation of the Los Gatos Home Tour that was held this past
weekend. She also addressed the utility poles in her neighborhood and thanked staff for working
with the company concerning the issues involved in removing the poles. She expressed her hope
that staff would continue to work with the utility company to remove the remaining poles.
Police Department Policies:
William Stewart spoke about his son being stopped and searched by the police department again.
N:\CLK\Council Minutes\2002\M11-04-02.wpd
4
Town Council Minutes November 4, 2002
Redevelopment Agency Los Gatos, California
He took offence with the process used.
Los Gatos Community Concert:
June Sythe, President of the Los Gatos Community Concert thanked the Town for helping to
secure grant for continuation of the program. She noted that the Concert was established in the
50s and is one of the last to still be functioning along with Santa Rosa and Modesto. She asked
for continued support and interest in this community cultural event.
VERBAL COMMUNICATIONS CONT.
General Comments on Local Government:
Ray Davis addressed Mr. Stewart and suggested that he talk to Police Chief Seaman about the
situation involving his son. He addressed the election that will be held tomorrow and the new
council members that will be elected. He also supported the actions taken by the town to address
the needs of the Wedgewood neighborhood regarding the utility poles.
Election and Code Compliance:
Jack Lucas spoke of political signs which were inappropriately displayed in Los Gatos and
applauded Code Compliance for quickly taking care of this problem and he noted another
neighborhood problem involving Code Compliance issues which was attended to in a timely
manner.
PUBLIC HEARING
HILLTOP DRIVE 104/SWIMMING POOL & DECK/APPEAL (21.15)
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 denying construction of a swimming pool
and deck on property zoned HR-2½. Minor Residential Development Application MR-02-29.
Property Location: 104 Hilltop Drive. Property Owner: Brendan Eich. Applicant: Elaine Shaw.
Appellant: Jean K. McCown.
The following people from the audience spoke to this item:
Jean McCown , land use attorney in Palo Alto, representing Mr. Eich, addressed the zoning and
the appropriate use of the property, and how the design team has worked to minimize the grading
and protect the oak trees.
Brendan Eich He asked that Council have consistent guidelines for hillside construction.
Elaine Shaw & Annie Cochran, spoke together as the architectural team and explained how the
proposal would fit on the property. They addressed the appropriate design for the slope and its
minimum impact to the site.
Ray Davis spoke against the proposal and asked for a soils report.
Brendan Eich submitted a geotechnical soils report that spoke to the stability of the hillside.
No one else from the audience addressed this item.
Motion by Mrs. Decker, seconded by Mr. Glickman, to close the hearing. Carried
unanimously.
Motion by Mr. Glickman, seconded by Mrs. Decker to uphold the Planning Commission’s
decision and deny the appeal. Carried unanimously.
COUNCIL MEETING SCHEDULE/FISCAL YEAR 2002-2003 (08.28)
Ray Davis asked why the housing element was given a special meeting and why the reason for
this was not stated on the agenda.
N:\CLK\Council Minutes\2002\M11-04-02.wpd
5
Town Council Minutes November 4, 2002
Redevelopment Agency Los Gatos, California
Motion by Mr. Blanton, seconded by Mrs. Decker, that Council amend Fiscal Year 2002-2003
Town Council Meeting Schedule adding a special Council/Agency Meeting for November
12,2002. Carried unanimously. (Mayor Attaway requested that the Council Retreat and the State
of the Town Address meetings be placed on the agenda.)
COMMUNITY BENEFIT POLICY/TOWN OF LOS GATOS/RESOLUTION 2002-175 (22.41)
Ray Davis spoke against any softening of the traffic policy and the strengthening of the
community benefit requirements addressed in this report.
Motion by Mr. Blanton, seconded by Mr. Pirzynski, that Council adopt Resolution 2002-175
entitled, RESOLUTION OF THE TOWN OF LOS GATOS ADOPTING THE TOWN’S
COMMUNITY BENEFIT POLICY APPLICABLE TO LAND USE APPLICATIONS.
Carried by a vote of 4 ayes. Mr. Glickman voted no.
N:\CLK\Council Minutes\2002\M11-04-02.wpd
6
Town Council Minutes November 4, 2002
Redevelopment Agency Los Gatos, California
PUBLIC HEARING CONTINUED
WEST VALLEY SANITATION DISTRICT/AGREEMENT EXTENSION (23.40)
Robert Reid, Executive Director of West Valley Sanitation District, spoke of the upgrades in the
district and how the system in Los Gatos can be upgraded uniformly throughout the community.
He spoke of cleaning out the sewers and what needs to be done over the next year and a half. He
noted the EPA requirements and how the district is prepared to review and implement them. The
district needs time to analyze the new laws before presenting its agreement package to the Town.
Motion by Mr. Glickman, seconded by Mrs. Decker, that Council authorize the Town Manager
to negotiate and execute an extension to the current agreement with West Valley Sanitation
District to June 30, 2004. Carried unanimously.
VASONA CORRIDOR/LIGHT RAIL TO LOS GATOS/RESOLUTION 2002-176 (24.31)
Bud Lortz, Director of Community Development, spoke of the corridor coming into Los Gatos
and asked that the report be forwarded to the VTA Board so that the Board knows what the Town
has accomplished and why the light rail to Los Gatos should be a part of the VTA Program. He
emphasized that unless the Board knows that the Town supports this program it will focus the
program’s resources in other directions.
Ray Davis asked that the policy statement not be sent to the VTA until after the new council has
been seated. He does not approve of the increased traffic generation due to the Sobrato project
and the proposed VTA extension into Los Gatos.
Motion by Mr. Glickman, seconded by Mr. Blanton, that Council adopt Resolution 2002-176
entitled, RESOLUTION OF TOWN OF LOS GATOS SUPPORTING THE VASONA TO
VASONA JUNCTION CANDIDATE CORRIDOR AND LIGHT RAIL EXTENSION TO
LOS GATOS, and ask staff to forward the report with a letter from the Mayor to the Chair of the
Valley Transportation Authority Board. Carried unanimously.
BELOW MARKET PRICE HOUSING/FORECLOSURE PROCESS/RESOLUTION 2002-177
(25.39)
Motion by Mr. Blanton, seconded by Mr. Pirzynski, that Council adopt Resolution 2002-177
entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN
MANAGER TO EXECUTE PURCHASE AGREEMENTS FOR BELOW MARKET
PRICE HOUSING PROGRAM UNITS IN FORECLOSURE AND/OR BANKRUPTCY
PROCEEDINGS AND AUTHORIZING RELATED BUDGET ADJUSTMENTS. Carried
unanimously.
COUNCIL MATTERS (26.28)
Mr. Glickman spoke of the new sub-committee formed by the Santa Clara County Cities Assoc.
to explore legislative initiatives concerning redevelopment housing plans using funds for projects
not within the jurisdiction of the town. He spoke of limiting the use of the funds to specific time
periods, also using the funds for specific projects, and the third use would involve options for
increased flexibility. He would like to recommend the first two options to the committee and the
Assoc.
Mr. Attaway noted that Council elections would take place tomorrow and he wished all of the
Council candidates well in their endeavors.
MANAGER MATTERS (27.28)
Mrs. Figone reminded Council and audience that November 12, 2002 will be a regular meeting,
kept as short as possible, to be able to hear and study the Town’s Housing Policy.
ADJOURNMENT
N:\CLK\Council Minutes\2002\M11-04-02.wpd
Town Council Minutes November 4, 2002
Redevelopment Agency Los Gatos, California
Mayor Attaway closed this evening’s meeting at 8:55 p.m.
ATTEST
Marian V. Cosgrove, Town Clerk
N:\CLK\Council Minutes\2002\M11-04-02.wpd