M 05-06-02TOWN OF LOS GATOS
CALIFORNIA
TOWN COUNCIL/PARKING AUTHORITY
JOINT REDEVELOPMENT AGENCY
May 6, 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 6:02 p.m., Monday, May 6,
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)
Mayor Attaway announced that Council had not met in Closed Session this evening.
REDEVELOPMENT AGENCY FINANCING PLAN/RESOLUTION 2002-68 (01.27)
Marty Woodworth, Town’s Redevelopment Agency Manager, reported on Redevelopment
Agency Financing, and after Council discussion the Council/Agency took the following actions to
initiate the process to issue tax exempt bond financing for the Los Gatos Redevelopment Agency:
Speakers from the audience:
Trudy McCulloch, Los Gatos High School Principal, spoke about the poor condition of the
school pool at this time and the need for building a new one.
Ed LaVeque, representing the Valley Foundation/Swimming Pool Committee, spoke of the work
being done to raise funds for the new community aquatic center at the high school.
Don Callahan, representing the Los Gatos Community Foundation, supported the work done by
the Valley Foundation and noted the commitment that had been made by the Los Gatos
Foundation and asked that Council support these fund raising efforts.
Ray Davis, resident, asked Council to support this community project.
There were no other speakers from the audience.
Motion by Mr. Glickman, seconded by Mrs. Decker, to authorize staff and the Town’s
consultants to prepare documents for the issuance of Certificates of Participation (COP’s) netting
approximately $9 million for redevelopment projects. Carried unanimously.
Motion by Mr. Glickman, seconded by Mrs. Decker, to authorize bonds proceeds to be
expended on those projects listed in Attachment 2 of the staff report within the next three years, and as
may be later amended by the Council/Agency. Carried unanimously.
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Town Council Minutes May 6, 2002
Redevelopment Agency Los Gatos, California
REDEVELOPMENT AGENCY FINANCING PLAN CONT.
Motion by Mr. Glickman, seconded by Mrs. Decker, to authorize staff and the Town’s Financial
Consultants to analyze the refinancing of the 1992 COP’s for Parking Lot #4 as part of the issuance, and
if the analysis shows financial benefit to the Agency, that refinancing documents be prepared. Carried
unanimously.
Motion by Mr. Glickman, seconded by Mrs. Decker, to authorize the Town Manager/Executive
Director to enter into an agreement with Jones Hall, (Bond Counsel) in an amount not to exceed $60,000
to be paid for from bond proceeds. Carried unanimously.
Motion by Mr. Glickman, seconded by Mrs. Decker, that Council adopt Resolution 2002-68
entitled, RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
DECLARING INTENTION TO REIMBURSE EXPENDITURES FROM THE PROCEEDS OF
OBLIGATIONS TO BE ISSUED BY THE TOWN AND DIRECTING CERTAIN ACTIONS.
Carried unanimously.
LOS GATOS HIGH SCHOOL POOL:
Council/Agency consensus to agree to providing partial funding ($300,000) for the
reconstruction of the Los Gatos High School Pool for the community’s benefit in concept only
until agreements are finalized and brought back to Council. Staff to study and evaluate what the
Town can afford within a contract. Town to take a strong move toward finding a way in which to
accomplish this funding that will benefit and enhance both entities. Carried unanimously.
LOS GATOS REDEVELOPMENT AGENCY/BUDGET FOR 2002-07/HEARING (02.09&27)
Marty Woodworth, Town’s Redevelopment Agency Manager, gave an overview of the proposed
budget noting: The anticipated revenues of the Agency; The proposed expenditures of the
Agency; The proposed indebtedness to be incurred by the Agency; The work program for the
coming year; and an explanation of the previous year’s achievements.
Motion by Mrs. Decker, seconded by Mr. Blanton, to close the public hearing. Carried
unanimously.
Council/Agency consensus to accept the staff report and recommendations concerning the
Preliminary 2002-07 Los Gatos Redevelopment Agency Budget
Debra Figone, Town Manager, noted that the final budget would return to the Council and
Agency in June for adoption.
CAPITAL IMPROVEMENT PROGRAM FOR 2002-07 (CIP) (03.09)
John Curtis gave an overview of the proposed Capital Improvement Program budget.
Speakers from the audience:
Ray Davis, resident, spoke in support of televised programming of council meetings remaining in
the CIP.
Marc Jensen, thanked Council for supporting paved sidewalks and pedestrian improvements at
crosswalks.
No one else from the audience addressed this issue.
CAPITAL IMPROVEMENT PROGRAM FOR 2002-07 (CIP)/CONT.
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Motion by Mr. Glickman, seconded by Mrs. Decker, to close the public hearing. Carried
unanimously.
Council/Agency consensus to accept the staff report and recommendations concerning the
Preliminary 2002-07 Capital Improvement Program Budget.
Debra Figone, Town Manager, noted that the final budget would return to the Council and
Agency in June for adoption.
INTRODUCTIONS
Town Manager, Debra Figone introduced the Town’s new Assistant Manager Pamela Jacobs, and
Community Development Director, Bud Lortz, introduced the new Planning Assistant Tom
Williams.
SCHEDULE OF PUBLIC HEARINGS (04.28)
Motion by Mr. Glickman, seconded by Mr. Blanton, to accept and file informational
report regarding currently scheduled public hearings. Carried unanimously.
RATIFICATION OF PAYROLL/APRIL 2002 (05.V)
Motion by Mr. Glickman, seconded by Mr. Blanton, that Council ratify the check registers
for the payroll of March 31, 2002 through April 13, 2002, paid on April 19, 2002 in the amount of
$505,425.42. Carried unanimously.
ACCOUNTS PAYABLE/RATIFICATION/APRIL 2002 (06.V)
Motion by Mr. Glickman, seconded by Mr. Blanton, that Council ratify the accompanying
check registers for accounts payable invoices paid on April 12, 2002, April 19, 2002 and April 26,
2002 in the amount of $600,850.79. Carried unanimously.
MINUTES OF APRIL 15, 2002 (07.V)
Motion by Mr. Glickman, seconded by Mr. Blanton, that Council approve the Minutes of
April 15, 2002, Town Council/Redevelopment Agency Meeting with the following correction:
On page 6, under the Pennsylvania Ave. Item the vote on the motion should be, (Carried by a
vote of 3 ayes. Mr. Pirzynski voted no due to the mass and scale in relation to the neighboring
homes, and due to the removal of the tree. Mrs. Decker abstained.) Carried unanimously.
TREASURER’S REPORT (08.02)
Informational reports submitted by the Treasurer to the Council for the month ended March 31,
2002 was received and filed.
TOWN COUNCIL MEETING SCHEDULE/FOR YEAR 2001-2002/AMENDED (09.28)
Motion by Mr. Glickman, seconded by Mr. Blanton, to amend Fiscal Year 2001-2002 Town
Council Meeting Schedule adding a Special Council/Agency Meeting for May 14, 2002 to
provide direction on the Downtown Streetscape project. Carried unanimously.
COUNCIL CALENDAR OF MEETINGS (10.28)
Informational item presenting future Town Meetings for Council and other Town Boards and
Commissions was received and filed.
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SANTA CLARA VALLEY WATER DISTRICT/CENTRAL-NORTH CENTRAL
FLOOD CONTROL ADVISORY COMMITTEE/APPOINTMENTS (12.12)
Motion by Mr. Glickman, seconded by Mr. Blanton, that Council amend Council
Committee Appointment Roster to include the Santa Clara Valley Water District Central/North
Central Flood Control Advisory Committee appointments. Carried unanimously.
AMICUS BRIEF/METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA, ET
AL/
VS/SUPERIOR COURT OF CALIFORNIA/DEWAYNE CARGILL, ET AL (13.28)
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 Metropolitan Water
District of Southern California, et al vs. Superior Court of California (Dewayne Cargill, et. al, real
party in interest), Supreme Court, Second Appellate District, Division One, case numbers
B148446 and B148451, at no cost to the Town. Carried unanimously.
ANNEXATIONS/CLERICAL CORRECTIONS TO RESOLUTIONS (14.14)
Motion by Mr. Glickman, seconded by Mr. Blanton, to approve correction of the following
resolutions:
Resolution 2001-57 (Blossom Hill Road #22)
Resolution 2001-58 (Linda Avenue #2)
Resolution 2001-94 (Blossom Hill Manor #9)
Resolution 2002-06 (Blossom Hill Manor #10)
Resolution 1998-189 (Robie Lane #2)
Carried unanimously.
ART PANELS ON FENCE/PLAZA PARK/RENOVATION SITE (15.33)
Motion by Mr. Glickman, seconded by Mr. Blanton, that Council approve the Arts
Commission’s request to install art panels on the fence at the Plaza Park renovation site. Carried
unanimously.
STEPHANIE LANE #2/ANNEXATION/15981 STEPHANIE LANE/RESOLUTION 2002-56
(16.14)
Motion by Mr. Glickman, seconded by Mr. Blanton, that Council adopt Resolution 2002-56
entitled, RESOLUTION OF THE TOWN OF LOS GATOS ORDERING THE
REORGANIZATION OF CERTAIN UNINHABITED TERRITORY DESIGNATED AS
STEPHANIE LANE#2 (APN: 523-26-003) TO THE TOWN OF LOS GATOS. Carried
unanimously.
ZERO EMISSION VEHICLE PURCHASE/AIR POLLUTION/RESOLUTION 2002-62 (17.23)
Motion by Mr. Glickman, seconded by Mr. Blanton, that Council adopt Resolution 2002-62
entitled, RESOLUTION OF THE TOWN OF LOS GATOS SUPPORTING THE
PURCHASE OF ULTRA-LOW AND ZERO EMISSION VEHICLES FOR NON-
EMERGENCY OPERATIONS TO REDUCE AIR POLLUTION AND IMPROVE PUBLIC
HEALTH. Carried unanimously.
JUVENILE ACCOUNTABILITY INCENTIVE BLOCK GRANT (JAIBG) PROGRAM
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SUBGRANT AWARD/RESOLUTION 2002-57 (18.36)
Motion by Mr. Glickman, seconded by Mr. Blanton, that Council adopt Resolution 2002-
57 entitled, RESOLUTION OF THE TOWN OF LOS GATOS WAIVING RIGHT TO
JUVENILE ACCOUNTABILITY INCENTIVE BLOCK GRANT PROGRAM SUBGRANT
AWARD, AUTHORIZING THE FUNDS TO BE EXPENDED BY THE COUNTY OF
SANTA CLARA, AND AUTHORIZING THE TOWN MANAGER TO EXECUTE SAID
WAIVER FOR SUBGRNAT AWARD FOR FUTURE YEARS. Carried unanimously.
NATIONAL PUBLIC WORKS WEEK/MAY 19-25, 2002/RESOLUTION 2002-58 (19.23)
Motion by Mr. Glickman, seconded by Mr. Blanton, that Council adopt Resolution 2002-58
entitled, RESOLUTION OF THE TOWN OF LOS GATOS PROCLAIMING THE WEEK
OF MAY 19-25, 2002 AS NATIONAL PUBLIC WORKS WEEK. Carried unanimously.
PROJECT 0106/STREET REPAIR/RESURFACING/RESOLUTION 2002-59 (20.25)
PHILLIPS ROAD/CYPRESS WAY/HIGH STREET
Motion by Mr. Glickman, seconded by Mr. Blanton, that Council adopt Resolution 2002-59
entitled, RESOLUTION OF THE TOWN OF LOS GATOS APPROVING THE PLANS
AND SPECIFICATIONS FOR PROJECT 0106 - STREET REPAIR AND RESURFACING
ON PHILLIPS ROAD, CYPRESS WAY, AND HIGH STREET AND AUTHORIZING
STAFF TO ADVERTISE THE PROJECT FOR BIDS. Carried unanimously.
PROJECT 0213/ADA UPGRADES FOR PUBLIC FACILITIES/RESOLUTION 2002-60 (21.25)
Motion by Mr. Glickman, seconded by Mr. Blanton, that Council adopt Resolution 2002-60
entitled, RESOLUTION OF THE TOWN OF LOS GATOS APPROVING THE PLANS
AND SPECIFICATIONS FOR PROJECT 0213 - ADA UPGRADES FOR PUBLIC
FACILITIES AND AUTHORIZING STAFF TO ADVERTISE THE PROJECT FOR BIDS.
Carried unanimously.
PROJECT 0210/RETAINING WALL REPLACEMENTS/RESOLUTION 2002-61 (22.25)
Motion by Mr. Glickman, seconded by Mr. Blanton, that Council adopt Resolution 2002-61
entitled, RESOLUTION OF THE TOWN OF LOS GATOS AWARDING A
CONSTRUCTION CONTRACT WITH CASEY CONSTRUCTION COMPANY FOR
PROJECT 0210 - RETAINING WALL REPLACEMENTS. Carried unanimously.
PROJECT 0205/ELECTRICAL WORK/OAK MEADOW PARK/RESOLUTION 2002-63 (23.25)
Motion by Mr. Glickman, seconded by Mr. Blanton, that Council adopt Resolution 2002-63
entitled, RESOLUTION OF THE TOWN OF LOS GATOS AWARDING A
CONSTRUCTION CONTRACT TO CUPERTINO ELECTRIC, INC. FOR PROJECT
0205 - OAK MEADOW PARK ELECTRICAL IMPROVEMENTS. Carried unanimously.
TRANSPORTATION DEVELOPMENT ACT (TDA) ARTICLE 3 FUNDING
RESOLUTION 2002-64 & 2002-11RD (27.42)
Motion by Mr. Glickman, seconded by Mr. Blanton, that Council adopt Resolution 2002-64 &
2002-11RD entitled, RESOLUTION OF THE TOWN COUNCIL/REDEVELOPMENT
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Town Council Minutes May 6, 2002
Redevelopment Agency Los Gatos, California
AGENCY OF THE TOWN OF LOS GATOS AUTHORIZING TOWN
MANAGER/EXECUTIVE DIRECTOR TO APPLY FOR TDA GRANT FUNDING.
Carried unanimously.
SAFE ROUTES TO SCHOOLS GRANT FUNDS/RESOLUTION 2002-65 & 2002-12RD (28.41)
Motion by Mr. Glickman, seconded by Mr. Blanton, that Council adopt Resolution 2002-65 &
2002-12RD entitled, RESOLUTION OF THE TOWN COUNCIL/REDEVELOPMENT
AGENCY OF THE TOWN OF LOS GATOS AUTHORIZING TOWN
MANAGER/EXECUTIVE DIRECTOR TO APPLY FOR GRANT FUNDS CONCERNING
SAFE ROUTES TO SCHOOLS. Carried unanimously.
VERBAL COMMUNICATIONS (XX.28)
General Comments:
Ray Davis, resident, spoke again about the Sobrato project. He noted his letter in the newspaper
and contended that Council had not followed the General Plan when it approved said project.
HEARINGS
PROJECT 0227/WINCHESTER BLVD/DAVES AVE/INTERSECTION IMPROVEMENTS
RESOLUTION 2002-66 (29.25)
Mayor Attaway announced that this was the time and place so noted to hold the public hearing to
consider Winchester Boulevard/Daves Avenue intersection improvements.
John Curtis, Public Works Director, gave an overview of the concerns and the
mitigation designs that were in the staff report for this evening.
The following people from the audience addressed this issue:
Doug McNeil supported the plans and signals suggested. He beleives that the speed
on the street is the most important problem to address. He noted that 70% of the tickets
given are in the north bound lanes.
Mark Brodsky, spoke of the problems with the south bound lanes and asked for ways
to confine the lanes to slow down the traffic.
Mark Jensen noted that the carrying capacity of Winchester could actually be greater if
the speed of the traffic was reduced.
Barbara Nesbit supported the traffic light and the design with the bulb out which would
reduce the speed and help with pedestrian safety.
Martin Dermer property owner by the intersection believes the traffic light will cause
customers to have difficulties with ingress and egress to his property.
Philip Levine asked that a north bound lane be eliminated for safety reasons.
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Town Council Minutes May 6, 2002
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Ray Davis spoke of traffic caused by development on Winchester and asked for safety
measures at the intersection.
John Tice asked that the alternate arterials be reviewed as participating in the impacts
on Winchester.
Jack Lucas thanked Council for the time and effort given to this issue and requested
medians on Winchester.
No one else from the audience addressed this item.
Motion by Mr. Glickman, seconded by Mr. Blanton, to close the public hearing.
Carried unanimously.
Motion by Mr. Glickman, seconded by Mr. Pirzynski, to accept report on the concept
design for the Winchester Boulevard/Daves Avenue intersection improvements and that
Council adopt Resolution 2002-66 entitled, RESOLUTION OF THE TOWN OF LOS GATOS
APPROVING AN AGREEMENT FOR PROFESSIONAL SERVICES WITH NOLTE
ASSOCIATES, INC. IN CONNECTION WITH THE DESIGN OF PROJECT 0227 -
WINCHESTER BOULEVARD/DAVES AVENUE INTERSECTION IMPROVEMENTS.
Carried unanimously.
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Town Council Minutes May 6, 2002
Redevelopment Agency Los Gatos, California
PROJECT 0227/WINCHESTER BLVD/DAVES AVE/INTERSECTION IMPROVEMENTS
CONT.
Council consensus to address the safety issues of the Town’s arterial streets next year
and to form a priority list to address the issues that arise including other options and
considerations for Winchester. There is a need to move ahead quickly with the
Winchester improvements identified and approved at this time, and it is noted that staff has
established a consistent speed limit of 25 mph in the blocks between Blossom Hill and Pleasant
View.
SHADY LANE 15769/SINGLE FAMILY RESIDENCE/APPEAL (30.15)
Mayor Attaway announced that this was the time and place so noted to hold the public hearing to
consider an appeal of the decision of the Planning Commission approving the construction of a
new single family residence 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-01-70. Negative Declaration ND-01-10. Property Location:
15769 Shady Lane. Property Owner: Shawn Hailey. Applicant: Kim Hailey. Appellant: Andy
Eshkar.
The following people from the audience addressed this issue:
Andy Eshkar appellant, opposed the use of this site for the project and submitted a
petition against the proposal. He showed a power point presentation to Council and will
submit the photos to the Planning Department.
Tracey Hailey applicant, submitted petition from immediate neighbors who were
comfortable with the project. Explained that the landscaping will cover the house in five
years and that this house will be less noticeable than other homes on the road.
Susan Katz read a letter that had been submitted by David Weissman.
Jan Hailey current property owner spoke of the history of studies to build on these sites
and noted the two homes under discussion.
Shawn Hailey spoke of the sound pollution reduction that will accompany this proposal.
Ray Davis spoke against the proposal and the handling of the application by Town staff.
Mr. Eshkar asked for a smaller, more modest house be designed for the alternative site.
No one else from the audience addressed this issue.
Motion by Mr. Glickman, seconded by Mrs. Decker, to close the public hearing.
Carried unanimously.
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Town Council Minutes May 6, 2002
Redevelopment Agency Los Gatos, California
Motion by Mr. Blanton, seconded by Mr. Glickman, to deny the appeal. Motion failed
with 2 ayes. Mr. Pirzynski, Mr. Attaway and Mrs. Decker voted no because of the home
being on the ridgeline.
Motion by Mr. Pirzynski, seconded by Mrs. Decker, to remand to Planning
Commission because the Commission did not ask for a review of the possibility of
building on the alternative site, and this application will be moved along as quickly as
possible.
Council comments: that the present site is too visible on the ridgeline; that the owner
explore the possibility of building on the other blue oak grove site; that the community
has a say about the visibility of ridgelines; Council would like to know if the second site
is a viable site.
Motion carries unanimously.
PENNSYLVANIA AVENUE 315/SINGLE FAMILY RESIDENCE/APPEAL (24.15)
Mayor Attaway announced that this was the time and place so noted to adopt resolution denying
an appeal of a decision of the Planning Commission approving a request to construct a new
single-family residence on property zoned R-1:8. Architecture and Site Application: S-00-123.
Property Location: 315 Pennsylvania Avenue. Property Owner/Applicant: Mike Grabill.
Appellant: Elmer Chapson.
Mrs. Decker recused herself, because her home is within 500 feet of the subject property.
The following people from the audience addressed this issue:
Lois Chapson noted that the house was too large for the lot. It is to be a three story home that
will be larger than others in the neighborhood.
Elmer Chapson, spoke against the size and style of this proposal and its inability to fit into the
historical neighborhood..
Michael Grabill, spoke of additional fees he has had to pay and asked why this was happening at
this time.
No one else from the audience addressed this issue.
Motion by Mr. Glickman, seconded by Mr. Blanton, that Council adopt Resolution 2002-67
entitled, RESOLUTION OF THE TOWN OF LOS GATOS DENYING AN APPEAL OF A
DECISION OF THE PLANNING COMMISSION APPROVING A REQUEST TO
CONSTRUCT A NEW SINGLE-FAMILY RESIDENCE ON PROPERTY ZONED R-1:8 .
Carried by a vote of 3 ayes. Mr. Pirzynski voted no due to the mass and scale in relation to the
neighboring homes, and due to the removal of the tree. Mrs. Decker abstained.
CALLE MARGUERITA 300/PLANNED DEVELOPMENT/REPORT (11.15)
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Town Council Minutes May 6, 2002
Redevelopment Agency Los Gatos, California
Ray Davis resident, spoke on remands that should be completely opened for new review and
considerations.
Motion by Mr. Blanton, seconded by Mrs. Decker, that Council accept report in the form of
meeting minutes from the Planning Commission regarding a Planned Development at 300 Calle
Marguerita. Carried unanimously.
COUNCIL MATTERS (31.28)
Mr. Attaway asked that Council be given the opportunity to review the amount of concrete in the
Town Plaza reconstruction project. Staff will review the project with Council.
Mr. Glickman asked if Council Members could take one paid for guest to events that they are
expected to attend as the Town representative. Staff will explore options.
MANAGER MATTERS (32.28)
There was no report from the Manager this evening.
ADJOURNMENT
Mayor Attaway closed this evening’s meeting at 9:58 p.m.
ATTEST:
Marian V. Cosgrove
Town Clerk
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