M 10-07-02TOWN OF LOS GATOS
CALIFORNIA
TOWN COUNCIL/PARKING AUTHORITY
JOINT REDEVELOPMENT AGENCY
October 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, October 7,
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 Manager, Debra Figone, reported that Council had not met in Closed Session this evening.
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 October and
November, 2002 Town’s Calendar of Meetings. Carried unanimously.
RATIFICATION OF PAYROLL/SEPTEMBER 2002 (03.V)
Motion by Mr. Glickman, seconded by Mr. Blanton, that Council ratify the check registers for
the payroll of September 1, 2002 through September 14, 2002, paid on September 20, 2002, in the
amount of $556,803.32. Carried unanimously.
ACCOUNTS PAYABLE/RATIFICATION/SEPTEMBER 2002 (04.V)
Motion by Mr. Glickman, seconded by Mr. Blanton, that Council ratify the accompanying
check registers for accounts payable invoices paid on September 13, 2002, September 20, 2002,
and September 27, 2002 in the amount of $1,429,247.07. Carried unanimously.
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 month ended July 31, 2002. Carried
unanimously.
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ANNUAL REPORT FOR FISCAL YEAR 2001-2002 (07.09)
Motion by Mr. Glickman, seconded by Mr. Blanton, that Council accept and file the Fiscal Year
2001-2002 Annual Report. Carried unanimously.
VIDEO PRODUCTION SYSTEM/COUNCIL CHAMBERS/RESOLUTION 2002-154 (08.12)
Motion by Mr. Glickman, seconded by Mr. Blanton, that Council adopt Resolution 2002-154
entitled, RESOLUTION OF THE TOWN OF LOS GATOS APPROVING AN
AMENDMENT TO AN AGREEMENT WITH THE WATERFORD GROUP TO PROVIDE
AUDIO AND VIDEO DESIGN AND INSTALLATION SERVICES, and authorize a budget
adjustment of $30,000 to upgrade existing audio/visual presentation equipment in the Town
Council Chambers and accepting a desk item report noting required core drilling work which will
add to the existing anticipated costs. Carried unanimously.
GRIFFITH PLACE 105/RESIDENTIAL APPEAL/RESOLUTION 2002-155 (09.15)
Motion by Mr. Glickman, seconded by Mr. Blanton, that Council adopt Resolution 2002-155
entitled, RESOLUTION OF THE TOWN OF LOS GATOS DENYING AN APPEAL OF A
DECISION OF THE PLANNING COMMISSION APPROVING CONSTRUCTION OF A
SECOND STORY ADDITION TO PROPERTY ZONED R-1:8. Carried by a vote of 4 ayes.
Mrs. Decker voted no for reasons noted in prior record.
BUNGALOW TERRACE/TRACT 9225/RESOLUTION 2002-156 (10.15&26)
ROBERTS ROAD EAST 16935 & 16939
Motion by Mr. Glickman, seconded by Mr. Blanton, that Council adopt Resolution 2002-156
entitled, RESOLUTION OF THE TOWN OF LOS GATOS ACCEPTING WORK OF DE
MATTEI CONSTRUCTION, INC. AND AUTHORIZING THE ASSISTANT TOWN
MANAGER TO EXECUTE THE CERTIFICATE OF ACCEPTANCE AND NOTICE OF
COMPLETION FOR RECORDING BY THE TOWN CLERK. Carried unanimously.
RETAINING WALL REPLACEMENTS/PROJECT 0210/RESOLUTION 2002-157 (11.24)
Motion by Mr. Glickman, seconded by Mr. Blanton, that Council adopt Resolution 2002-157
entitled, RESOLUTION OF THE TOWN OF LOS GATOS ACCEPTING WORK OF
CASEY CONSTRUCTION COMPANY FOR PROJECT 0210 - RETAINING WALL
REPLACEMENT PROGRAM - AND AUTHORIZING THE TOWN MANAGER TO
EXECUTE CERTIFICATE OF ACCEPTANCE AND NOTICE OF COMPLETION FOR
RECORDING BY TOWN CLERK. Carried unanimously.
GEOLOGY-GEOTECHNICAL/PEER REVIEW/GEOMATRIX/RESOLUTION 2002-158
(12A.37)
Motion by Mr. Glickman, seconded by Mr. Blanton, that Council adopt Resolution 2002-158
entitled, RESOLUTION OF THE TOWN OF LOS GATOS APPROVING AN
AGREEMENT FOR PROFESSIONAL CONSULTANT SERVICES WITH GEOMATRIX
CONSULTANTS INC. FOR GEOLOGY AND GEOTECHNICAL PEER REVIEW FOR
PRIVATE DEVELOPMENT PROJECTS. Carried unanimously.
GEOLOGY-GEOTECHNICAL/PEER REVIEW/CSA, INC/RESOLUTION 2002-159 (12B.37)
Motion by Mr. Glickman, seconded by Mr. Blanton, that Council adopt Resolution 2002-159
entitled, RESOLUTION OF THE TOWN OF LOS GATOS APPROVING AN
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AGREEMENT FOR PROFESSIONAL CONSULTANT SERVICES WITH CSA, INC.
FOR GEOLOGY AND GEOTECHNICAL PEER REVIEW FOR PRIVATE
DEVELOPMENT PROJECTS. Carried unanimously.
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DOWNTOWN STREET BEAUTIFICATION AND IMPROVEMENTS/PROJECT 0233 (13.24)
Consideration of resolution authorizing the Town Manager/Executive Director to execute a
professional services agreement with BKF Engineers to perform design engineering services in
connection with the Downtown Street Beautification and Improvement Project for an amount not
to exceed $203, 673 was removed from the tonight’s agenda and will be considered at a future
time.
VERBAL COMMUNICATIONS (XX.28)
General Comment:
Ray Davis noted that he had not brought his walking stick to the meeting this evening. He also
spoke of attending the opening of the town plaza and having a confrontation with the town’s
planning director. He also asked that the town’s hillside standards be reviewed further.
HEARINGS
WOOD ROAD 11O/GRADING AND PARKING/THE MEADOWS/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 denying a grading permit to construct new
parking spaces, retaining walls and emergency access road improvements on property zoned
RPD. Architecture and Site Application S-02-21. Property Location: 110 Wood Road. Property
Owner/Applicant: Episcopal Homes Foundation. Appellant: Erik Smith.
The following people spoke to the issue:
Tom Williams, Asst. Planning Director, spoke of the requested nineteen parking places along the
fire access road. The Planning Department reiterated the requirement to amend the original
planned development in order to make improvements and supply additional parking at The
Meadows.
Laurence Pratt, President of the Episcopal Homes Foundation, requested additional parking for
aiding the seniors in an effort to provide the best possible service to the residents. He noted that
the facility had worked cooperatively with the Town over the years and asked for continued
support from Council and staff.
John Janger, Attorney for the Episcopal Homes Foundation, noted that issues had been raised
that had never been raised before and requested additional time to address those concerns. He
gave the history of the original plan and how the requested amendment is consistent with that
plan. He spoke of minor variations which are under Council’s purview for approval. He spoke of
staff’s report differing from the original discussions and reports. In prior reports the road had
never been defined as part of building use. The only reason given for it was in a1965 report
about a fire road, and the sole reason for denial is the emergency access consideration. This road
will be enhanced with the addition to the complex and improvements to the road.
Katherine Heckart, in charge of parking at Los Gatos Meadows, spoke of the many delivery
vans, emergency vehicles, and the need for additional handicapped access spaces.
Nicholas Starry, resident of The Meadows, noted that the residents have parked cars on this road
for over thirty years. He also wondered why the emergency access road goes uphill into the fire
zone. He asked that Council approve the upgrade.
Author Charette, representing The Meadows Residents Association, asked Council to approve
and support this project.
Ray Davis, requested that the Planning Commission decision be upheld. He spoke of other
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developers being able to make use of fire access roads in future development of the hillsides, if a
precedent is set at this time allowing upgrades and use. He noted the following: A planned
development should be cohesive unto itself; Do not open it up again; Allowing additional
parking will cause additional traffic.
WOOD ROAD 11O/GRADING AND PARKING/THE MEADOWS/CONT.
Katherine Heckart spoke again of the 25 existing employee parking spaces, and the need to find
accommodations for 100 employees. Shuttle services are now offered to bring them up and
down the hill from Town’s public parking spaces. The Meadows also rents spaces in the Toll
House. Employees cannot park in the residents’ spaces.
No one else from the audience addressed the issue.
HEARINGS CONTINUED
Motion by Mrs. Decker, seconded by Mr. Blanton, to close the public hearing. Carried
unanimously.
Council Consensus to request that The Meadows work toward a Planned Development
amendment and mitigating measures. PDs are established to relax certain standards. If the PD is
readdressed then new needs must be dealt with, with new regulations. The Town wants to help
with the parking issues but requests that The Meadows work out the details through the Town
processes.
Motion by Mr. Pirzynski, seconded by Mrs. Decker, that Council uphold the Planning
Commission decision and deny the Architecture and Site Application S-02-21 because the
application is not consistent with the Zoning Ordinance. Carried unanimously.
KENNEDY ROAD 15310/UNDERGROUND WATER STORAGE TANK/APPEAL (17.15)
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 an underground
concrete reservoir on property zoned HR-2 ½. No significant environmental impacts have been
identified as a result of this project and a Negative Declaration is recommended. Architecture and
Site Application S-01-57. Negative Declaration ND-01-0015. Property Location: 15310
Kennedy Road. Property Owner: Green Eyes LLC. Applicant: Power Engineering Contractors,
Inc. Appellant: Andrew Faber, Esq.
The following people from the audience addressed this issue:
Jolie Huston, with Berliner and Cohn, spoke of an underground storage tank which saves ground
water and will fill a large existing hole. She asked to have a four inch service since the San Jose
water condition is not feasible. The 1.5 million gallon tank size will be completely buried in the
knoll. It will be able to trap the water at high peek run off times and fill the tank to be used on
site. The Fire Department has requested 675 gallons on site. 900 thousand gallons have been
trucked up over several years.
Bruce Barton, noted that the problem can be solved in an attractive way; it will also reduced
wear and tear on the road by eliminating the truck deliveries; it will save water; it will increase
value of area because of water storage in the neighborhood.
Susie Kass, noted that water in the community increases her safety. She also noted that water
towers are not attractive and this solution is very attractive and solves the problem.
Donna McCurrie, lives off Kennedy Road and would like to see measures implemented to get
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the huge water trucks off the road. She noted that they were a safety hazard, and the whole
neighborhood would be safer without them. She said the proposal was environmentally friendly
by catching the run off water.
Ray Davis, noted that tanks like these would provide water for future subdivisions. He said the
subdivision has already taken place and that the lot line adjustment circles the property. It should
be noted and adhered to.
KENNEDY ROAD 15310/UNDERGROUND WATER STORAGE TANK/CONT.
Speakers continued:
Mrs. Richardson asked about a condition of approval that would preclude any future subdivision
of the property.
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Jolie Huston concluded by answering questions.
No one else from the audience addressed this issue.
Motion by Mr. Pirzynski, seconded by Mr. Glickman, to close the public hearing. Carried
unanimously.
HEARINGS CONTINUED
Motion by Mr. Attaway, seconded by Mr. Glickman, to grant the appeal finding that Council had
discretion over policy which the Commission did not have the ability to modify or address; that
this is a very beautiful piece of property ; that sixty acres have been donated to the Mid Peninsula
Open Space District; that the application will decrease traffic on the roadway by eliminating
water truck deliveries; that the property is conditioned with a deed restriction to prohibit further
development; that there will be active hillside protection and repair with no unnecessary grading,
and which will result in an environmentally sensitive water conservation shed; that this
extraordinary fire suppression plan exhibits sensitivity to the environment by concealing the tank;
that this plan is an aid and resource benefitting the whole neighborhood. This application is
approved as originally designed with a 1.5 million gallon tank which will be totally buried and
concealed and will have a four inch water service main and be connected to a fire hydrant. The
requirement to obtain a San Jose Water connection will be removed. Carried unanimously.
UNIVERSITY AVENUE 50 - SUITE 180/THE WINE CELLAR/RESTAURANT/APPEAL (18.15)
Mayor Attaway stated that this was the time and place duly noted for public hearing to consider a
request for approval to modify an existing conditional use permit to increase the hours of
operation for an existing restaurant on property zoned C-2:LHP:PD. Conditional Use Permit
Application U-02-11. Property Owner: Federal Realty. Applicant: Steve & Julie Hauck/Wine
Cellar Restaurant.
The Following people addressed this issue:
Tom Williams, Asst. Planning Director, spoke of the alcohol policy which restricts service after
10 p.m. The applicants are requesting an extension to 2 p.m. for seven days a week.
Steve & Julie Hauk, applicants, operate the Wine Cellar Restaurant and are requesting the same
hours that Steamers and California Café have been allowed.
Jeff Dillon, frequents the facility and requested the additional hours to enhance the dinning
experience for the regular clientele.
No one else from the audience addressed this issue.
Motion by Mr. Glickman, seconded by Mr. Pirzynski, to close the public hearing. Carried
unanimously.
Motion by Mr. Glickman, seconded by Mr. Blanton, that Council approve the application
making the required findings and considerations as reflected in Attachment 1 of the staff report
and subject to the conditions as addressed in Attachment 2 of the report. Carried unanimously.
UNIVERSITY AVENUE 50 - SUITE 180/THE WINE CELLAR/CONT.
Council Consensus to ask the owners to furnish a security guard between the hours of 10 to 2 so
as to be able to control any unwanted activity at this site, and to cooperate with the other
restaurants in the area to provide security during the later hours. This is a unanimous suggestion
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from Council but not an imposed requirement.
ANNEXATION/HICKS ROAD #4/REORGANIZATION/RESOLUTION 2002-162 (19.26)
Mayor Attaway stated that this was the time and place duly noted for public hearing to consider
protests concerning the reorganization of uninhabited territory to the Town of Los Gatos known
as Hicks Road #4.
The following people from the audience addressed this issue:
Katja Kamanger, of Greenbrier Homes, noted that this was a Town directed annexation to help
consolidate municipal service areas and to eliminate county islands.
HEARINGS CONTINUED
Speakers Continued
Ray Davis requested further information about the annexation process, specifically when the
cities initiate the process and when the counties begin the proceedings. He also spoke of increased
development and traffic safety issues on Shannon Road and Hicks Road.
No one else from the audience addressed this issue.
Motion by Mr. Blanton, seconded by Mr. Glickman, to close the public hearing. Carried
unanimously.
Motion by Mr. Pirzynski, seconded by Mr. Glickman, that Council adopt Resolution 2002-162
entitled, RESOLUTION OF THE TOWN OF LOS GATOS MAKING FINDINGS ON THE
VALUE OF WRITTEN PROTESTS FILED AND NOT WITHDRAWN IN CERTAIN
UNINHABITED TERRITORY DESIGNATED AS HICKS ROAD #4 AND APPROVING
ITS ANNEXATION TO THE TOWN OF LOS GATOS. Carried unanimously.
LOCAL LAW ENFORCEMENT BLOCK GRANT/RESOLUTION 2002-160 (20.36)
BUREAU OF JUSTICE GRANT/COMMUNITY EMERGENCY RESPONSE TEAM/HEARING
Mayor Attaway stated that this was the time and place duly noted for public hearing to consider
adopting resolution authorizing the Town Manager to accept $9,394 awarded by the Bureau of
Justice Assistance for Local Law Enforcement Block Grant and authorizing the use of those funds
to purchase analyst’s notebook software, tactical vests and materials and supplies for Community
Emergency Response Team.
There was no one from the audience to address this issue.
Motion by Mr. Blanton, seconded by Mrs. Decker, to close the public hearing. Carried
unanimously.
Motion by Mr. Pirzynski, seconded by Mrs. Decker, that Council adopt Resolution 2002-160
entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN
MANAGER TO ACCEPT $9,394 AWARDED BY THE BUREAU OF JUSTICE
ASSISTANCE FOR LOCAL LAW ENFORCEMENT BLOCK GRANT AND ADOPT
RESOLUTION AUTHORIZING THE USE OF THOSE FUNDS TO PURCHASE
ANALYST’S NOTEBOOK SOFTWARE, TACTICAL VESTS AND MATERIALS AND
SUPPLIES FOR THE COMMUNITY EMERGENCY RESPONSE TEAM. Carried
unanimously.
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MINUTES OF SEPTEMBER 16, 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.
Motion by Mr. Pirzynski, seconded by Mr. Blanton, that Council approve the Minutes of
September 16, 2002, Joint Council/Redevelopment Agency Meeting as submitted. Carried
unanimously.
FIRE PREVENTION & PROTECTION/TOWN CODE/CHAPTER 9/AMENDMENT (21.37)
ORDINANCE INTRODUCTION/RESOLUTION 2002-161
Ray Davis spoke to the issue of deletion of the fire code and requested information regarding the
process of amendment and deletion of portions of the Town Code.
Motion by Mr. Blanton, seconded by Mr. Glickman, that Council adopt Resolution 2002-161
entitled, RESOLUTION OF THE TOWN OF LOS GATOS MAKING CERTAIN
FINDINGS WITH RESPECT TO THE AMENDMENT OF CHAPTER 9 OF THE TOWN
CODE. Carried unanimously.
The Town Clerk read the Title of the Proposed Ordinance.
Motion by Mr. Blanton, seconded by Mr. Glickman, that Council waive the reading of the
Proposed Ordinance. Carried unanimously.
Motion by Mr. Blanton, seconded by Mr. Glickman, that Council introduce Proposed Ordinance
entitled, ORDINANCE OF THE TOWN OF LOS GATOS ADOPTING A NEW CHAPTER
9 OF THE TOWN CODE REGARDING FIRE PREVENTION AND PROTECTION
WHICH INCLUDES PROVISIONS FROM THE UNIFORM FIRE CODE 2000 AND 2001
EDITIONS. Carried unanimously.
TOWN CONFLICT OF INTEREST CODE/DIVISION 4/ARTICLE III/CHAPTER 20 (22.01)
Mayor Attaway stated that this was the time and place duly noted to consider introduction of
ordinance amending Town Conflict of Interest Code (Division 4 of Article 111 of Chapter 20) to
update positions.
The Town Clerk read the Title of the Proposed Ordinance.
Motion by Mr. Blanton, seconded by Mrs. Decker, that Council waive the reading of the
Proposed Ordinance. Carried unanimously.
Motion by Mr. Blanton, seconded by Mrs. Decker, that Council introduce Proposed Ordinance
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. Carried unanimously.
COUNCIL MATTERS (23.28)
Mr. Pirzynski gave an update of the Skate Park Sub-Committee. He spoke of the sites which the
committee reviewed and of the Blossom Hill site which seemed most feasible for an interim
skateboard park. After input from Blossom Hill neighborhood, tennis players and skateboarders,
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the subcommittee agreed to remove the Blossom Hill site from any consideration for a skate park
facility and discontinue looking for any other interim site, as it would divert resources from
establishing a permanent site.
The committee concluded that they had completed their assignment and at this time would
appreciate being given the opportunity to continue pursuing a permanent site. Staff plans to
move ahead with the work needed for the land negotiations and the issues that need be considered
for the implementation of a permanent facility.
The following speakers from the audience addressed this issue:
Marcia Wright, spoke against any skateboarding park being built in town due to health and
safety concerns.
Ray Davis, asked that plans for building a permanent skate park in Vasona be stopped. He says
facts state that these parks are not being used enough to warrant their expense.
COUNCIL MATTERS CONTINUED
Council consensus to discontinue search for an interim site, to dissolve the present ad hoc
committee, and to reconvene a new committee in a few months. This Council is committed to
finding a skateboard park and has established a budget item of $180,000.00 toward such a facility.
Staff is working on land negotiations between the Town and County. Council stated that staff
time and Town resources should not be expended to pursue a permanent skate park until Town is
sure there will be a land swap taking place.
Mr. Glickman spoke of high school testing scores and of Los Gatos High School placing third
statewide. Leigh High School placed sixth county wide.
Mayor Attaway asked how well Jenny Haruyama was getting along with her family emergency
and asked that a gift be sent in support with Council’s well wishes.
MANAGER MATTERS (24.28)
Ms Figone, Town Manager, spoke of our activities with the League of California Cities, and
spoke of the positive information coming from the conference. Mr. Attaway noted that Mrs.
Decker had been asked to be serve as vice chair on the League’s Peninsula Division.
ADJOURNMENT
Mayor Attaway closed this evening’s meeting at 9:26 p.m.
ATTEST:
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Marian V. Cosgrove
Town Clerk
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