M 09-15-03TOWN OF LOS GATOS
CALIFORNIA
TOWN COUNCIL/PARKING AUTHORITY
JOINT REDEVELOPMENT AGENCY
September 15, 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 7:03 p.m., Monday, September 15,
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.
PERSONNEL BOARD/CRISTINA PIASECKI/APPOINTMENT (00.12)
Mayor Decker announced that two applications had been received from Cecelia Bass and Cristina
Piasecki for one vacancy on the Personnel Board. Voting was held and Ms. Piasecki was appointed
to a term expiring September 1, 2006.
ANNOUNCEMENTS
Mayor Decker asked the community to support “The All Alumni Reunion Weekend” to be held
September 20th, when the New Millennium Foundation will host the silent and live auction fund
raiser at the Opera House.
MUSIC IN THE PLAZA COMMENDATIONS (00.28)
Mayor Decker presented Town Commendations to the contributors to this summer’s Music in the
Plaza Concert Series. The following businesses were thanked for their support and funding. Those
with a star next to their name had a representative present and were able to receive congratulations
and thanks from the Mayor.
The following businesses were honored:
*Akeena Solar (Barry Cinnamon)
Alain Pinel Realtors
Andale' Taqueria
Bob Lewis Volkswagen
Community Hospital of Los Gatos
*Courtside Club (Lisa Graf)
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Town Council Minutes September 15, 2003
Redevelopment Agency Los Gatos, California
MUSIC IN THE PLAZA COMMENDATIONS CONTINUED (00.28)
The following businesses were honored: (cont.)
Crimson Restaurant
Gil and Sandy Decker
eBay Foundation
*Garden Inn Hotel (Tom Chang)
*Hotel Los Gatos (Gentleman)
*Los Gatos Auto Dealers (John Moore)
*Los Gatos Coffee Roasting Company (Teri Hope)
Los Gatos Weekly-Times
Lucchesi Communications
Mountain Meadows
Steamer's Grillhouse
Tangles Salon
The Rotary Club of Los Gatos
*Victoria Capital, Inc. (Mike Kent)
Washington Mutual Bank
Wells Fargo
Whole Foods Market - Los Gatos
*Yoga Center of Los Gatos (Jan Hutchins)
*Los Gatos Arts Commission (Elke Groves)
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. Pirzynski, seconded by Mr. Glickman, that Council accept and file informational
report regarding currently scheduled public hearings. Carried unanimously.
RATIFICATION OF PAYROLL/AUGUST-SEPTEMBER 2003 (02.V)
Motion by Mr. Pirzynski, seconded by Mr. Glickman, that Council ratify the check register for
payroll of August 17, 2003 through August 30, 2003 paid on September 5, 2003 in the amount of
$554,567.38. Carried unanimously.
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Town Council Minutes September 15, 2003
Redevelopment Agency Los Gatos, California
ACCOUNTS PAYABLE/RATIFICATION/AUGUST-SEPTEMBER 2003 (03.V)
Motion by Mr. Pirzynski, seconded by Mr. Glickman, that Council ratify the accompanying check
registers for accounts payable invoices paid on August 29, 2003 and September 5, 2003 in the
amount of $486,439.98. Carried unanimously.
MINUTES OF SEPTEMBER 2, 2003 (04.V)
Motion by Mr. Pirzynski, seconded by Mr. Glickman, that Council approve the Minutes of
September 2, 2003, Regular Joint Town Council/Redevelopment Agency Meeting corrected as
follows: Page 8, under Silicon Valley Animal Control, the last sentence should read, “In the mean
time the Humane Society is still covering sheltering and SVACA is handling field services.”
Carried unanimously.
SANTA CLARA COUNTY CIVIL GRAND JURY REPORTS (5A&B.09)
A. Motion by Mr. Pirzynski, seconded by Mr. Glickman, that Council approve response to
Santa Clara County Civil Grand Jury report - review of audits and financial reports. Carried unanimously.
B.Motion by Mr. Pirzynski, seconded by Mr. Glickman, that Council approve response to
Santa Clara County Civil Grand Jury report regarding listing of special districts, joint powers agencies,
designated non-profit corporations and other governmental entities. Carried unanimously.
SMITH RANCH COURT/HISTORIC STREET NAME (06.V)
Motion by Mr. Pirzynski, seconded by Mr. Glickman, that Council approve request to add the
historic name “Smith Ranch Court” to the Town’s Official Street Naming List. Carried
unanimously.
TOWN COUNCIL/REDEVELOPMENT/MEETING SCHEDULE FY 2003-2004 (07.28)
Motion by Mr. Pirzynski, seconded by Mr. Glickman, that Council amend Town
Council/Redevelopment Agency Meeting Schedule for 2003-2004 Fiscal Year. Carried
unanimously.
COMMUNITY SERVICES COMMISSION/APPOINTMENT/STUDENT COMMISSIONER
(08B.12)
Motion by Mr. Pirzynski, seconded by Mr. Glickman, that Council accept Community Services
Commission recommendation to reinstate Jennifer Werner as Student Community Services
Commissioner. Carried unanimously.
RETAINING WALL REPLACEMENT/PROJ:0210A/RESOLUTION 2003-110 (09.15)
Motion by Mr. Pirzynski, seconded by Mr. Glickman, that Council adopt Resolution 2003-110
entitled, RESOLUTION OF THE TOWN OF LOS GATOS AWARDING A CONSTRUCTION
CONTRACT IN THE AMOUNT OF $224,511.00 WITH CASEY CONSTRUCTION
COMPANY FOR PROJECT 0210A RETAINING WALL REPLACEMENTS, and authorizing
staff to issue change orders as necessary to the construction contract up to an amount of $30,000.
Carried unanimously.
TOPPING WAY #2/ANNEXATION/TOPPING WAY 16495/RESOLUTION 2003-111 (10.26)
Motion by Mr. Pirzynski, seconded by Mr. Glickman, that Council adopt Resolution 2003-111
entitled, RESOLUTION OF THE TOWN OF LOS GATOS ORDERING THE
REORGANIZATION OF CERTAIN UNINHABITED TERRITORY DESIGNATED AS
TOPPING WAY #2 (APN:532-09-001) TO THE TOWN OF LOS GATOS. Carried
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Town Council Minutes September 15, 2003
Redevelopment Agency Los Gatos, California
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.
Recycle Bins in the Parks:
Don Cordero, spoke of collecting trash for recycling at the local parks and requested placement of
recycling bins in the parks so that this activity can be more aggressively carried out.
Music in the Plaza:
John Tice spoke of the public hearing being held on Wednesday, September 17th in the Council
Chambers at 4 p.m. to discuss the location of the summer music series. He believes there is
considerable support to bring the events back to the Town Plaza and that the business community
will find it difficult to attend this hearing at 4 p.m. He asked why a survey was not taken at the Jazz
in the Plazz event and requested an evening meeting for those that had difficulty attending an
afternoon meeting.
Council Member McNutt noted that there would be a report brought back to Council after the
Wednesday meeting and at that time Council and the public could discuss and consider the
information at a regular 7 p.m. Council meeting where the business owners could be present.
PUBLIC HEARINGS
There were no public hearings held this evening.
PARKS COMMISSION/APPOINTMENTS/STUDENT COMMISSIONERS (08A.12)
Council Member Glickman asked the new student commissioners to come forward to be
interviewed. He questioned them about their reasons for applying for the positions. Both Ms Starr
and Mr. Lee responded to questions about their interests in serving on this commission.
Motion by Mr. Glickman, seconded by Mr. Wasserman, that Council accept Parks Commission
recommendation to reinstate Andrew Lee and appoint Chelsea Starr as Student Parks
Commissioners. Carried unanimously.
MONTEBELLO PARKING LOT/PROJ:0336B/RESOLUTIONS 2003-112 & 2003-25RD (11.24&34)
Ray Davis came forward to ask if the Montebello Lot is the old Greyhound bus lot property. Staff
responded that this parking lot was in a different location and that the Greyhound lot is the South
Side Lot.
Motion by Mr. Glickman, seconded by Mr. Pirzynski, that Council/Agency adopt Resolutions
2003-112 & 2003-25RD entitled, RESOLUTION OF THE TOWN COUNCIL &
REDEVELOPMENT AGENCY OF THE TOWN OF LOS GATOS APPROVING THE
PLANS AND SPECIFICATIONS FOR PROJECT 0336B - MONTEBELLO LOT
IMPROVEMENTS AND AUTHORIZING STAFF TO ADVERTISE THE PROJECT FOR
BIDS. Carried unanimously.
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Town Council Minutes September 15, 2003
Redevelopment Agency Los Gatos, California
OTHER BUSINESS
SECOND DWELLING UNITS/ORDINANCE 2115/TOWN CODE AMENDMENTS (14.31)
Mayor Decker stated that this was the time and place duly noted to consider adopting ordinance
amending the Town Code Division 7, Sections 29.10.305 through 29.10.320, Section 29.10.320 and
Section 29.20.185(8)a, regarding Second Dwelling Units. (Continued from August 4 & September
2, 2003.)
Town Attorney, Orry Korb, gave the staff report on this item noting the issue of language requiring
that all second units be made affordable on a mandatory basis. That language was found in section
29.10.320 on page 3 of the proposed ordinance. Pursuant to Council’s instructions that language
was deleted from the proposed ordinance and replaced with the following: [Page 3 of 7; Section
29.10.320; “New Second Dwelling Units”; (a) Incentive Program: Any second dwelling unit
developed under an incentive program established by resolution of the Town Council shall be
made affordable to eligible applicants pursuant to the requirements of the incentive program.]
This language allows for Council to, at a future date, adopt by resolution any incentive programs
that Council may elect to incorporate. Any such incentive program would go into effect the
moment a resolution is adopted. The Ordinance does not dictate the form of any such program. It
is staff’s intent to bring to Council an incentive program along the lines that was outlined for
Council at the last meeting. That incentive program would in essence provide for the Town to fund
to some extent the development of second units in exchange for the property owner agreeing to a
deed restriction mandating an affordable housing requirement on the second unit. If Council adopts
the ordinance as presented, the ordinance will not become effective for a period of thirty days from
tonight. Staff plans to bring a resolution forward to Council within that thirty day period of time. If
Council finds the program described in the resolution to be satisfactory it may adopt the resolution
which will put the second unit incentive program into effect.
Motion by Mr. Wasserman, seconded by Mr. Pirzynski, to adopt Ordinance 2115 entitled,
ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE TOWN CODE
DIVISION 7, SECTIONS 29.10.305 THROUGH 29.10.320, SECTION 29.10.320, AND
SECTION 29.20.185(8)a REGARDING SECOND DWELLING UNITS, which was introduced
by Council June 16, 2003. Carried unanimously.
ADOPT--A--PLANTER PROGRAM (15.33)
Director of Public Works, John Curtis, gave the staff report on this item explaining how the program
was established and how it would be beneficial to the downtown beautification efforts. The
Beautification Committee, supported by the Chamber of Commerce, developed the idea for this
program which has since moved to the Parks Commission for implementation. There are 28
planters on Santa Cruz Avenue eligible for adoption by businesses, service groups or families on a
first come basis. Each adopted planter would have a small plaque on the fence indicating who or
which group was caring for the planter at that time. It would be possible to have the care givers
assigned on a rotating basis to give everyone a chance to participate. The Town will retain
responsibility for quality control of the planters, while at the same time promoting creativity and
commitment on the part of the “adoptees.”
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Town Council Minutes September 15, 2003
Redevelopment Agency Los Gatos, California
OTHER BUSINESS
ADOPT--A--PLANTER PROGRAM CONT. (15.33)
Motion by Mr. Pirzynski, seconded by Mr. Wasserman, that Council accept report and approve the
Adopt-a-Planter Program as proposed in the report. Carried unanimously.
ENGINEERING AND TRAFFIC SURVEY 2003/ESTABLISHING SPEED LIMITS (16.41)
Director of Public Works, John Curtis, 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 also
noted that these speed studies were needed to help law enforcement when traffic tickets are disputed
in court and that the Town can use radar enforcement on the surveyed streets.
The following people from the audience addressed this issue:
Ray Davis addressed traffic on South Santa Cruz Avenue where the cars exit the freeway. He
expressed concern with the diagonal parking alongside the Post Office which causes sight
difficulties as drivers exit Montebello Way and attempt to see the oncoming traffic from the
freeway. He also asked why there was no mention of a school zone in the report.
John Curtis, Director of Public Works, reported that there was additional back up information that
augments this survey. He spoke of a gateway that is being planned for the Wood Road area that will
help slow traffic and announce entrance into Town.
Doug McNeal spoke of the Winchester and Daves intersection area and displayed a chart showing
the peak zones of speed at this location. He requested more specific monitoring of the traffic and
aggressive enforcement of the 25mph speed signs.
No one else from the audience addressed this subject.
Motion by Mr. Glickman, seconded by Ms McNutt, that Council accept the 2003 Engineering and
Traffic Survey for the Town of Los Gatos. Carried unanimously.
The Town Clerk read the Title of the Proposed Ordinance.
Motion by Mr. Glickman, seconded by Mr. Pirzynski, that Council waive the reading of the
Proposed Ordinance. Carried unanimously.
Motion by Mr. Glickman, seconded by Ms McNutt, that Council introduce Proposed Ordinance
entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING SECTION 15-30.235
OF THE LOS GATOS TOWN CODE FOR ESTABLISHING SPEED LIMITS ON CERTAIN
STREETS. Carried unanimously.
OTHER BUSINESS
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Town Council Minutes September 15, 2003
Redevelopment Agency Los Gatos, California
STREETSCAPE PROJECT/PHASE III (17.31)
Director of Public Works, John Curtis, gave the staff report for both Council and Agency on this
item explaining that Phase I and Phase II were nearly complete and that we are about to embark
upon Phase III. He spoke of the completion of the first phase with the sidewalk and pavement areas
between Bachman and Grays Lane. The second phase completed the sidewalks from Bachman to
Highway 9. Both projects complete all of the sidewalks from Main to Highway 9. The irrigation
system for the street trees and planters and the electrical for the street lights and holiday lights are
being placed underground should be completed in the month of October. Main Street between
Santa Cruz and College is a portion of the project that still needs its sidewalks paved, and
undergrounding of irrigation and electrical. The portion of Main Street from College to Stacia is a
street reconstruction project which will be placed on hold until school is out and other projects in
this area are completed and out of the way. It is anticipated that this whole Main Street area will be
placed in work plans for completion in the 2005 construction year.
Council/Agency Comments:
To notify all interested and affected parties as the plans and work progresses.
To cause as little impact between the projects and the school traffic as possible.
Motion by Mr. Glickman, seconded by Mr. Pirzynski, that Council/Agency accept report on the
updated Streetscape Project and request that staff return to Council October 20, 2003 with report
and recommendations on a new schedule for completing Phase III of the Streetscape Project.
Carried unanimously.
LIBRARY REPORT ON THE TOWN HISTORY PROJECT (18.32)
Peggy Conaway, Town Librarian, reported on the History of Los Gatos Project which is now well
underway. Her presentation consisted of photos and memorabilia of historical interest. She also
reported on Sanborn Young, a conservative state senator from 1925-1938, and his wife Ruth
Comfort Mitchell-Young, a local Los Gatos author and play write, who wrote the novel “Of Human
Kindness,” which was in answer to John Steinbeck’s “Grapes of Wrath.” Ms Conaway also
reported that requests have gone out to the community asking for photos, letters or information from
the 1800's through the 1960's that develop the history of historic Los Gatos. She noted that the
information can be scanned and the originals returned to their owners as soon as possible.
Chris Miller, from the audience, spoke to this item. Spoke of the resources that schools may have
and offered his assistance with the project.
Motion by Mr. Glickman, seconded by Mr. Pirzynski, that Council accept informational report on
the Town History Project. Carried unanimously.
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Town Council Minutes September 15, 2003
Redevelopment Agency Los Gatos, California
COUNCIL MATTERS (19.28)
Main Street Improvements:
Mr. Wasserman requested information concerning spending deadlines on bond funding,
specifically for the reconstruction and improvements on Main Street. Mr. Korb, Town Attorney,
noted that the types of bonds issued and the limitations placed upon those by agreement must be
considered. Ms Figone, Town Manager, confirmed that the bond holder would be formally
informed if a need to extend was determined. Mr. Pirzynski & Mr. Glickman would prefer to see
this project reach completion as soon as possible so that the impacts to the neighborhood are not just
pushed further downstream. They would prefer to the extension mechanism only in an emergency
situation.
MANAGER MATTERS (20.28)
Holiday Banner Program:
Ms Figone, Town Manager, updated Council on the Town Banner Program, noting that it was time
to determine a Holiday banner to be placed downtown and on the boulevard. The cost would be
approximately $10,000 and would not take long to be installed.
Silicon Valley Animal Control Authority:
Ms Figone, Town Manager, noted that the City of Sunnyvale has left the JPA and the Cupertino
City Council has a report before them this evening recommending its pulling out of the joint powers
agency also. Town staff will need to evaluate the decisions of these cities and report to Council on
the redistribution of costs among the remaining cities, and the impacts to Los Gatos in relation to
these changes. There will be a study session held Thursday, September 25, 2003, to consider the
alternatives.
Town Council Neighborhood Meeting:
Mayor Decker noted that Council would hold its second neighborhood meeting at the Los Gatos
Community Hospital at 7 p.m., Thursday, September 25, 2003.
Habitat for Humanity:
Mayor Decker reminded everyone of the Habitat for Humanity dedication to take place this
Saturday, September 20, 2003.
ADJOURNMENT
Mayor Decker closed this evening’s meeting at 8:41 p.m.
ATTEST:
Marian V. Cosgrove
Town Clerk
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