M 10-06-03TOWN OF LOS GATOS
CALIFORNIA
TOWN COUNCIL/PARKING AUTHORITY
JOINT REDEVELOPMENT AGENCY
October 6, 2003/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 6, 2003,
in joint regular session.
ROLL CALL
Present:Steve Glickman, Diane McNutt, Joe Pirzynski,
Mike Wasserman and Mayor/Chairman Sandy Decker.
Absent:None.
PLEDGE OF ALLEGIANCE
Given by all in attendance.
CLOSED SESSION (XX.28)
Town Attorney, Orry Korb, reported that Council had not met in Closed Session this evening.
PRESENTATION/ST. LUKE’S CHURCH/BUSINESS RECOGNITION (00.12)
Council Member McNutt introduced Father Breuer, Mrs. Elenor Alameda and Mother Morrison of
St. Luke’s Episcopal Church who were present to receive the Town’s Commendation to their church
and its parishioners for the exceptional work in our community, offering food and comfort to the
homeless, making the community welcome in the use of their parking lot and community room, and
offering concerts throughout the year for the pleasure of our residents and visitors. Father Breuer
accepted the commendation for his church and thanked the Town for this recognition.
MAYOR’S STATEMENT (XX.28)
Mayor Decker welcomed the Council and audience and explained how she would like the tone of
the Town meetings to proceed during the year. She spoke of a community that has been able to
display respect for one another, to deliberate the business of the Town in an informed manner, and
to accept and act upon the decisions made at public and open meetings. She noted that all of our
residents deserve our respect and the respect of each other. She asked for and said she expects that
the visitors to these Council Chambers will recognize and uphold these principles of respect and
courtesy for one another. The Mayor noted that disruptive behavior would not be tolerated, nor
allowed to interfere with these community meetings held in the spirit of cooperative and interactive
government. She reaffirmed her desire to encourage respect and dignity within these chambers.
SCHEDULE OF PUBLIC HEARINGS (01.28)
Motion by Mr. Glickman, seconded by Mr. Pirzynski, that Council accept and file informational
report regarding currently scheduled public hearings. Carried unanimously.
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Town Council Minutes October 6, 2003
Redevelopment Agency Los Gatos, California
COUNCIL CALENDAR OF MEETINGS (02.28)
Motion by Mr. Glickman, seconded by Mr. Pirzynski, that Council accept the October and
November 2003, Town’s Calendar of Meetings. Carried unanimously.
RATIFICATION OF PAYROLL/SEPTEMBER 2003 (03.V)
Motion by Mr. Glickman, seconded by Mr. Pirzynski, that Council ratify the check register for
payroll of August 31, 2003 through September 13, 2003 paid on September 19, 2003 in the amount
of $537,292.29. Carried unanimously.
ACCOUNTS PAYABLE/RATIFICATION/SEPTEMBER 2003 (04.V)
Motion by Mr. Glickman, seconded by Mr. Pirzynski, that Council ratify the accompanying check
registers for accounts payable invoices paid on September 12, 2003 and September 19, 2003 in the
amount of $705,492.18. Carried unanimously.
MINUTES OF SEPTEMBER 15, 2003 (05.V)
Motion by Mr. Glickman, seconded by Mr. Pirzynski, that Council approve the Minutes of
September 15, 2003, Joint Town Council/Redevelopment Agency Meeting as submitted Carried
unanimously.
ANIMAL CONTROL/SVACA/JOINT POWERS AGREEMENT/RESOLUTION 2003-113 (06.36)
Motion by Mr. Glickman, seconded by Mr. Pirzynski, that Council adopt Resolution 2003-113
entitled, RESOLUTION OF THE TOWN OF LOS GATOS APPROVING A SECOND
RESTATED AND AMENDED JOINT POWERS AGREEMENT CREATING THE SILICON
VALLEY ANIMAL CONTROL AUTHORITY. Carried unanimously.
TRANSPORTATION AUTHORITY/VTA/COMMUNITY DESIGN/RESOLUTION 2003-114 (07.41)
Motion by Mr. Glickman, seconded by Mr. Pirzynski, that Council adopt Resolution 2003-114
entitled, RESOLUTION OF THE TOWN OF LOS GATOS ENDORSING VTA’S
COMMUNITY DESIGN AND TRANSPORTATION PROGRAM AND ITS MANUAL OF
BEST PRACTICES FOR INTERGRATING TRANSPORTATION AND LAND USE, as
presented in the desk item before Council this evening. Carried unanimously.
CUSTODIAL SERVICES AWARDED/PROJ: 0410/RESOLUTION 2003-115 (08A&B.24)
A.Motion by Mr. Glickman, seconded by Mr. Pirzynski, that Council terminate custodial
services agreement with Star Time Building Maintenance. Carried unanimously.
B.Motion by Mr. Glickman, seconded by Mr. Pirzynski, that Council adopt Resolution 2003-
115 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AWARDING A CONTRACT TO
SANTA CLARA VALLEY CORPORATION FOR PROJ: 0410 - CUSTODIAL SERVICES
CONTRACT, as the second lowest responsible bidder on the project and awarding a contract in the
amount of $67,040.00. Carried unanimously.
VERBAL COMMUNICATIONS (XX.28)
School Trafic Safety Issues:
Ray Davis addressed the lack of sufficient traffic speed signs in the school zone areas and asked
that the issue be addressed by staff. He requested that the radar signs that are present in the Daves
and Fisher crossing areas be placed at the Van Meter and Blossom Hill school zones also.
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PUBLIC HEARINGS
WEDGEWOOD AVENUE 17251/CARPORT CANOPIES/APPEAL (11.15)
Mayor Decker stated that this was the time and place duly noted for public hearing to consider an
appeal of the decision of the Planning Commission to deny a variance request to legalize two
canopy carports within the front setback and to reduce the required vehicle back up area on property
zoned R-1:8. Variance Application V-02-002. Property Location: 17251 Wedgewood Avenue.
Property Owner/Applicant-Appellant: Mark J. Medalie.
The following people from the audience addressed this issue:
Mark and Linda Medalie spoke of the canopies he has erected to protect his family, residence and
cars from the golf balls that fall on a regular basis on his property. He requested a variance for
safety reasons for himself and family. He noted that the condition of errant golf balls does not occur
to the same degree in other locations on this street, and his special circumstances are that the balls
are hitting his property due to the location of his home. He believes that his property is unique and
not comparable to any other property in Los Gatos.
Ray Davis spoke of safety to pedestrians and children walking to school past the driving range.
No one else from the audience addressed this item.
Mayor Decker closed the hearing
Motion by Mr. Wasserman, seconded by Ms McNutt (for purpose of discussion), to deny Planning
Commission’s decision and grant variance application due to the unique aspects of this particular
property in relation to the neighboring golf course. Failed by a vote of four noes. Mr. Wasserman
voted yes.
Council Comments: The length of town process concerning this issue has been sufficient to
carefully consider all relevant issues; Town policy has been clear regarding temporary carports; All
issues and alternatives have been studied by staff, Planning Commission and Council; There are
legal alternatives which Mr. Medalie is encouraged to pursue.
Motion by Mr. Glickman, seconded by Mr. Pirzynski, to uphold the Planning Commission’s
decision and deny variance application V-02-2. Carried by a vote of 4 ayes. Mr. Wasserman voted
no.
MAIN STREET E 210/LOS GATOS HOTEL/ALCOHOL SERVICE/APPEAL (12.15)
Mayor Decker stated that this was the time and place duly noted for public hearing to consider a
request to modify restaurant hours of operation, requirements for special events, operation of spa
and to allow retail sales on property zoned C-1:PD. Conditional Use Permit U-03-1. APN 529-34-
068. Property Location: 210 E. Main Street. Property Owner: Pinn Brothers Construction.
Applicant: Greg Pinn.
Greg Pinn, Applicant, presented his request for extended hours of operation, public patronage of
spa and additional hours for service of alcohol in the restaurant facilities.
Phil Ferrar, General Manager, explained the operations and the willingness to work closely with
the Town concerning notification of events which would likely cause additional traffic and parking
concerns.
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Town Council Minutes October 6, 2003
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PUBLIC HEARINGS CONTINUED
MAIN STREET E 210/LOS GATOS HOTEL/ALCOHOL SERVICE/CONT.
Motion by Mr. Glickman, seconded by Ms McNutt, that Council make the Required Findings in
Attachment 1 of the report and approve Conditional Use Permit U-03-1 subject to the Conditions of
Approval in Attachment 2 of the report requesting approval to modify hours of operation,
requirements for special events, operation of spa and to allow retail sales on property zoned C-1:PD.
This motion includes the following amendment to the Conditions of
Approval. Condition 7 is amended to read as follows: “EVENTS. The
developer/property owner/facility operators shall consult with the Police
Department at least 14 days prior to any proposed event to ensure that
adequate on-site parking, traffic control, and/or security resources are
provided by the hotel/restaurant and available during proposed event. If
warranted by the Police Department, the facility operator shall provide, at the
facility operator’s cost, the necessary uniformed traffic control or security
officers deemed necessary for the proposed event.” Carried
unanimously.
MAIN STREET E. 32\THE FRENCH CELLAR\WINE TASTING\HEARING (13.15)
Mayor Decker stated that this was the time and place duly noted for public hearing to consider a
request to modify a permit to allow wine tasting with existing retail wine sales on property zoned C-
2. Conditional Use Permit U-03-11. Property Location: 32 E. Main Street. Applicant: The French
Cellar, Inc. Property Owner: Dave Flick.
Shirley Henderson spoke in support of the proposal.
Mayor Decker closed the public hearing.
Motion by Ms McNutt, seconded by Mr. Pirzynski, that Council make the Required Findings in
Attachment 1 of the report and approve Conditional Use Permit U-03-11 subject to the Conditions
of Approval in Attachment 2 of the report requesting approval to modify a permit to allow wine
tasting with an existing retail wine sales on property zoned C-2. (This motion includes the ability
to have wine appreciation discussions involving the history and background of the various wines
that are available for tasting and sale.)Carried unanimously.
PERSONAL SERVICE BUSINESS/GROUND FLOOR/URGENCY ORDINANCE 2118 (14.38)
Mayor Decker stated that this was the time and place duly noted for public hearing to consider
adopting an urgency ordinance extending moratorium on personal services businesses located on
ground floor in the C-2 Central Business District Commercial Zone.
Bud Lortz, Director of Community Development, introduced the item and spoke of the
development of the regulations needed for consideration and review of these types of businesses.
He estimates the work will take from three to four months to complete.
Ms McNutt asked for some specific information concerning the number of locations; whether the
services were found in prime retail space; the total square footage of retail space in downtown; the
total square footage now being used by personal services businesses; how much sales tax is lost by
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having the service businesses in the prime retail locations; and what is the mix that tends to draw in
shoppers to stay and spend money in town.
PUBLIC HEARINGS CONTINUED
PERSONAL SERVICE BUSINESS/GROUND FLOOR/URGENCY ORDINANCE 2118/CONT.
Bud Lortz noted that staff can compile information and return to Council with a report that can be
considered and evaluated to see if the downtown business mix is optimum. He also explained that
those who anticipate putting in applications after the final policies are in place can offer their input
in the planning process.
Mr. Pirzynski believes that the business community itself should look at the economic vitality
issues. He also spoke of having the controls in place first, perhaps with a CUP, which might
alleviate much of the problem.
The following people from the audience addressed this issue:
Prema Hudes spoke of her desire to expand her business in the downtown. She would like to open
“Cloud Nine” at the Garden Inn.
Sallie Robbins-Druian supported the proposed ordinance.
Shirley Henderson spoke of the 69 salons in the downtown central business district. She believes
that retail on the ground floor is necessary for the Town’s financial health.
There were no further speakers from the audience.
Mayor Decker closed the public hearing.
The Town Clerk read the Title of the Proposed Urgency Ordinance.
Motion by Mr. Glickman, seconded by Mr. Pirzynski, to waive the reading of the Proposed
Urgency Ordinance. Carried unanimously.
Motion by Mr. Glickman, seconded by Mr. Pirzynski, that Council introduce and adopt Urgency
Ordinance 2118 entitled, INTERIM URGENCY ORDINANCE OF THE TOWN OF LOS
GATOS EXTENDING MORATORIUM ON PERSONAL SERVICE BUSINESSES
LOCATED ON THE GROUND FLOOR IN THE C2 CENTRAL BUSINESS DISTRICT
COMMERCIAL ZONE, including two changes on Page 4, Item H, to read, “....an over
concentration of Personal Service Businesses that can take over existing retail may reduce the
attractiveness of the central business district to retail consumers and to new retail businesses alike,
and ultimately may limit the ability of the central....” Carried by a vote of four ayes. Ms. McNutt
voted no, believing that the review of personal services business in the downtown, does not warrant
an urgency ordinance.
RECESS CALLED
Mayor Decker called a recess at 9:02 PM.
The meeting was called back to order at 9:10 PM.
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PUBLIC HEARINGS CONTINUED
AMENDMENT TO THE DOWNTOWN REDEVELOPMENT AGENCY (15.27)
RESOLUTIONS 2003-116 & 2003-26RD/ORDINANCE INTRODUCTION
Mayor Decker stated that this was the time and place duly noted for public hearing to consider (A)
adopting concurrent resolution making findings and approvals required by CEQA in connection
with the Negative Declaration prepared for the adoption of the amendment to the Redevelopment
Plan and (B) introducing proposed ordinance to amend the Redevelopment Plan for the Central Los
Gatos Redevelopment Project Area.
Orry Korb, Town Attorney, explained that four Council Members live within the Conflict of
Interest Zone and would have to draw lots to determine who would remain to make a decision on
this item and who would have to leave the room. Vice Mayor Glickman would preside. Mayor
Decker and Council Member McNutt drew the cards requiring them to leave the room during the
discussion.
The following people from the audience addressed this issue:
Charles Reed representing the homeowners in the development between Alberto Way and Bella
Vista asked that this area be included in the single family residential designation so as not to fall
under possible eminent domain proceedings.
Edward Rhodes spoke of his past experience with eminent domain proceedings. He was
concerned about property on Industrial Way.
Ben Fernandez spoke of his residential property on University Avenue which is zoned
commercial. He wanted to know if he would fall under possible eminent domain proceedings.
There were no further speakers from the audience.
Vice Mayor Glickman closed the public hearing.
Orry Korb, explained the eminent domain process and noted that it was very unlikely that any of
the speakers’ properties would fall under those proceedings. The Redevelopment Agency has not
made use of emminent domain in 12 years and has no plans to do so now. If it was to be used it
would act as a financial aid in helping owners deal with blighted property within the project area.
Motion by Mr. Wasserman, seconded by Mr. Pirzynski, that Council adopt Resolutions 2003-116
& 2003-26RD entitled, CONCURRENT RESOLUTION OF THE TOWN COUNCIL AND
REDEVELOPMENT AGENCY OF THE TOWN OF LOS GATOS MAKING FINDINGS
AND APPROVALS REQUIRED BY THE CALIFORNIA ENVIRONMENTAL QUALITY
ACT IN CONNECTION WITH THE NEGATIVE DECLARATION PREPARED FOR THE
ADOPTION OF THE AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE
CENTRAL LOS GATOS REDEVELOPMENT PROJECT AREA. Carried by a vote of 3
ayes. Ms McNutt and Mrs. Decker abstained due to conflict of interest.
The Town Clerk read the Title of the Proposed Urgency Ordinance.
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Motion by Mr. Wasserman, seconded by Mr. Pirzynski, to waive the reading of the Proposed
Ordinance. Carried by a vote of 3 ayes. Ms McNutt and Mrs. Decker abstained due to conflict of
interest.
PUBLIC HEARINGS CONTINUED
AMENDMENT TO THE DOWNTOWN REDEVELOPMENT AGENCY/CONT.
RESOLUTIONS 2003-116 & 2003-26RD/ORDINANCE INTRODUCTION
Motion by Mr. Wasserman, seconded by Mr. Pirzynski, that Council introduce Proposed
Ordinance entitled, ORDINANCE OF THE TOWN OF LOS GATOS APPROVING AND
ADOPTING THE SECOND AMENDMENT TO THE REDEVELOPMENT PLAN FOR
THE CENTRAL LOS GATOS REDEVELOPMENT PROJECT AREA, AND MAKING
CERTAIN FINDINGS PURSUANT TO THE COMMUNITY REDEVELOPMENT LAW OF
THE STATE OF CALIFORNIA. Carried by a vote of 3 ayes. Ms McNutt and Mrs. Decker
abstained due to conflict of interest.
OTHER BUSINESS
MUSIC IN THE PARK/CONCERT SERIES/CIVIC CENTER LAWN (16.33)
Mayor Decker stated that this was the time and place duly noted to consider approving the
recommendation of the Arts Commission to hold the Music in the Park concert series at the Civic
Center lawn.
The following people from the audience addressed this issue:
Teri Hope, Chair of the Arts Commission, and Chair of Music in the Park Committee, spoke of
trying to be as fiscally responsible as they could for the event. This year and last, the contributions
to the event and the sponsors’ generosity, have demonstrated the support that the new location has
received.
Sallie Robbins-Druian spoke in support of this location emphasizing the support from the Arts
Commission, citizens, visitors and merchants who benefit from the use of these facilities.
John Tice disputed the Arts Commissions report. He asked for another survey to review the study.
He also asked Council to consider at least six family concerts to be held at the plaza and to have the
groups that pull larger crowds hold their shows at the Civic Center.
No one else from the audience addressed this issue.
Motion by Mr. Pirzynski, seconded by Mr. Wasserman, to approve the recommendation of the
Arts Commission to hold the Music in the Park concert series at the Civic Center lawn. Carried
unanimously.
SECOND DWELLING UNIT/BELOW MARKET PRICE/RESOLUTION 2003-117 (17.37)
Mayor Decker stated that this was the time and place duly noted to consider adopting resolution
revising the Below Market Price Housing Program Guidelines for Second Units.
Motion by Mrs. Decker, seconded by Mr.Glickman, that Council adopt Resolution 2003-117
entitled, RESOLUTION OF THE TOWN OF LOS GATOS ADOPTING REVISED BELOW
MARKET PRICE HOUSING PROGRAM GUIDELINES FOR SECOND UNITS, and
authorizing budget adjustment in the amount of $250,000 from BMP funds and $250,000 from
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RDA Low and Moderate Housing Funds providing FY 03/04 appropriations for proposed loan
program. Carried unanimously.
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ENGINEERING & TRAFFIC SURVEY/ESTABLISHING SPEED LIMITS/ORDINANCE (17A.41)
John Curtis, Director of Public Works, gave the staff report on this item explaining how the traffic
study survey data has remained consistent with our current speed signs throughout Town. He
addressed amendments in the Desk Item before Council concerning speed limits between Los
Gatos-Saratoga Road to Knowles Drive along North Santa Cruz Ave-Winchester Blvd.
Motion by Mr. Glickman, seconded by Mr. Wasserman, that Council approve the amendments to
the Proposed Ordinance which appear before Council in the Desk Item addressing a 25 mph speed
zone from Los Gatos-Saratoga Road to Vineland Ave. along Santa Cruz Ave and Winchester Blvd
and the other amendment is a 35 mph speed zone from Vineland Ave. to Knowles Drive along
Winchester Blvd. These revisions will return to the Ordinance will return to Council for approval
on October 20, 2003.
COUNCIL MATTERS (18.28)
There were no issues presented from Council this evening.
MANAGER MATTERS (19.28)
Holiday Banner Program:
Marty Woodworth, Redevelopment Agency Manager, updated Council on the Town Banner
Program and asked Council to choose the color and style that they favored. Council decided on red
background with white stars and lettering with green outlining, and green to replace the brown
areas so as to brighten up the banners as much as possible. Mr. Woodworth also explained the
positioning of the banners in the downtown and on the boulevard. He will return to Rick Tharp
with the requests and believes the banners can be completed in two weeks time.
Alive and Loving Life Update:
Scott Seaman, Chief of Police, updated Council on the plans and activities for the fall months
involving the community working on this significant issue in a creative and effective way. Recent
projects and groups are Cops and Kids, Passions for Music, Under 21 Club, Freshman Skills &
Parent Skills. The music group was responsible for a successful series of concerts during the
summer.
Sandy Decker, Mayor and Council Member, announced that she had been asked to remain on the
Core Four of the leadership team of the Alive and Loving Life activities. She asked for Council
consensus in allowing her to continue serving next year on this community activity.
ADJOURNMENT
Mayor Decker closed this evening’s meeting at 10:50 p.m.
ATTEST:
Marian V. Cosgrove
Town Clerk
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