M 08-16-04TOWN OF LOS GATOS
CALIFORNIA
TOWN COUNCIL/PARKING AUTHORITY
JOINT REDEVELOPMENT AGENCY
AUGUST 16, 2004 / MINUTES
Los Gatos Civic Center
110 E. Main Street
Los Gatos, CA 95030
TIME ITEM ACTION ON ITEM
7:00
PM
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, August 16, 2004, in a
joint regular session.
7:01
PM
ROLL CALL Present:Sandy Decker, Diane McNutt, Joe Pirzynski, Mike
Wasserman and Mayor/Chairman Glickman.
Absent:None
7:02
PM
PLEDGE OF
ALLEGIANCE
The audience was invited to participate in the Pledge of Allegiance.
7:03
PM
CLOSED SESSION Town Attorney, Orry Korb, reported that Council had met in Closed
Session prior to this evening’s meeting pursuant to Government Code
Section 54957.6 regarding Conference with Labor Negotiator
concerning Labor Negotiations between Town Negotiator and
Confidential Employees. Council gave direction. There was no final
action taken.
Pursuant to Government Code Section 54957 regarding Public
Employee Performance Evaluation, Town Attorney. Council gave
direction. There was no final action taken.
7:04
PM
PRESENTATION PRESENTATION
COMMENDATION
SHAKESPEARE
FESTIVAL
Mayor Glickman presented a Commendation from the Town to Mark
Pickens for the efforts of the Festival Theatre Ensemble in producing
the Los Gatos Shakespeare Festival. Mr. Pickens was present to
receive the commendation and thanked the Town for the opportunity
to have held this summer production.
7:07 CONSENT ITEMS CONSENT ITEMS
ITEM 1
PAYROLL
RATIFICATION FOR
JULY 2004
Motion by Mrs. Decker, seconded by Mr. Wasserman, that Council
ratify the check register for payroll of July 18, 2004 through July 31,
2004 paid on August 6, 2004 in the amount of $530,875.15. Carried
unanimously. (01.V)
ITEM 2
ACCOUNTS PAYABLE
FOR JULY - AUGUST
Motion by Mrs. Decker, seconded by Mr. Wasserman, that Council
ratify the check register for accounts payable invoices paid on July 30,
2004 and August 6, 2004 in the amount of $1,124,964.03. Carried
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2004 unanimously. (02.V)
ITEM 3A
AMICUS BRIEF
STATE BOARD OF
EQUALIZATION
Motion by Mrs. Decker, seconded by Mr. Wasserman, that Council
authorize joining the amicus brief of the City of Brisbane, et al, in
support of the petition of the City of Santa Monica before the State
Board of Equalization, Case #255567, at no cost to the Town. Carried
unanimously. (03A. 28)
ITEM 3B
AMICUS BRIEF
EMERGENCY RADIO
AUTHORITY
Motion by Mrs. Decker, seconded by Mr. Wasserman, that Council
authorize request for amicus participation in support of petition for
review in Zack, et al vs Marin Emergency Radio Authority before the
California Supreme Court , Case #S125094, at no cost to the Town.
Carried unanimously. (03B.28)
ITEM 4A
CIVIL GRAND
JURY REPORT
EVIDENCE ROOMS
Motion by Mrs. Decker, seconded by Mr. Wasserman, that Council
approve response to Santa Clara County Civil Grand Jury report -
inquiry into Police evidence rooms in Santa Clara County. Carried
unanimously. (04A.28)
ITEM 4B
CIVIL GRAND
JURY REPORT
FINANCIAL AUDIT
Motion by Mrs. Decker, seconded by Mr. Wasserman, that Council
accept and file report that this item was removed from agenda due to
word processing failure and will return to Council September 7, 2004.
Carried unanimously. (04B.28)
ITEM 5
BELOW MARKET
PRICE HOUSING
DEED
RESTRICTIONS
Resolution 2004-102
Motion by Mrs. Decker, seconded by Mr. Wasserman, that Council
adopt Resolution 2004-102 entitled, RESOLUTION OF TOWN OF
LOS GATOS ADOPTING A BELOW MARKET PRICE
HOUSING PROGRAM DEED RESTRICTION AGREEMENT
FOR OWNER-OCCUPIED UNITS AND RESCINDING
RESOLUTION 1988-80. Carried unanimously. (05.37)
Councilmember Decker praised staff for the work that was done on
the program and for the excellent report.
7:07 CONSENT ITEMS CONSENT ITEMS CONTINUED
ITEM 6
STREET
RESURFACING
PROJECT
FEDERAL FUNDING
Resolution 2004-103
Motion by Mrs. Decker, seconded by Mr. Wasserman, that Council
adopt Resolution 2004-103 entitled, RESOLUTION OF TOWN OF
LOS GATOS AUTHORIZING THE FILING OF AN
APPLICATION FOR FEDERAL SURFACE
TRANSPORTATION FUNDING FOR THE NORTH LOS
GATOS STREET RESURFACING PROJECT AND
COMMITTING THE NECESSARY NON-FEDERAL MATCH
FOR THE PROJECTS AND STATING THE ASSURANCE OF
THE TOWN OF LOS GATOS TO COMPLETE THE PROJECT.
Carried unanimously. (06.24)
ITEM 7
FEHR & PEER
ENGINEERING
SERVICES
VASONA LOOP
TRAIL
Motion by Mrs. Decker, seconded by Mr. Wasserman, that Council
adopt Resolution 2004-104 entitled, RESOLUTION OF TOWN OF
LOS GATOS AUTHORIZING THE TOWN MANAGER TO
EXECUTE A PROFESSIONAL CONSULTANT SERVICES
AGREEMENT WITH FEHR AND PEERS ASSOCIATES, INC.
TO PERFORM TRAFFIC ENGINEERING CONSULTANT
SERVICES IN THE TOWN OF LOS GATOS ON AN ON-CALL
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Resolution 2004-104 BASIS. Carried unanimously. (07.37)
ITEM 8
PROJECT 0440
LOMA ALTA CURB
GUTTER SIDEWALK
Resolution 2004-105
Motion by Mrs. Decker, seconded by Mr. Wasserman, that Council
adopt Resolution 2004-105 entitled, RESOLUTION OF TOWN OF
LOS GATOS ACCEPTING WORK OF C.B. CONSTRUCTION
COMPANY FOR PROJECT 0440 - LOMA ALTA CURB,
GUTTER, AND SIDEWALK CONSTRUCTION AND
AUTHORIZING THE TOWN MANAGER TO EXECUTE
CERTIFICATE OF ACCEPTANCE AND NOTICE OF
COMPLETION FOR RECORDING BY TOWN CLERK.
Carried unanimously. (05.24)
ITEM 9
Resolution 2004-106
CENTER TO CENTER
PROGRAM
AGREEMENT WITH
LOCAL AGENCIES
Motion by Mrs. Decker, seconded by Mr. Wasserman, that Council
adopt Resolution 2004-106 entitled, RESOLUTION OF TOWN OF
LOS GATOS AUTHORIZING THE TOWN MANAGER TO
EXECUTE A MEMORANDUM OF UNDERSTANDING FOR
THE SAN FRANCISCO BAY AREA INTERIM CENTER-TO-
CENTER PROGRAM, INCLUDING ATTACHMENT 2,
POLICY FOR THE EXCHANGE OF REAL-TIME TRAFFIC
DATA AND REAL-TIME VIDEO WITH THE CALIFORNIA
DEPARTMENT OF TRANSPORTATION (CALTRANS), LOCAL
CITIES, COUNTIES TRANSPORTATION COMMISSIONS
REFERRED TO HEREIN AS “PARTIES”. Carried unanimously.
(09.41)
7:07 CONSENT ITEMS CONSENT ITEMS CONTINUED
ITEM 10
LILAC LANE 16370
RESIDENTIAL
SECOND STORY
APPEAL
Resolution 2004-107
Motion by Mrs. Decker, seconded by Mr. Wasserman, that Council
adopt Resolution 2004-107 entitled, RESOLUTION OF TOWN OF
LOS GATOS GRANTING AN APPEAL OF A PLANNING
COMMISSION DECISION DENYING A REQUEST TO
CONSTRUCT A SECOND STORY ADDITION ON PROPERTY
ZONED R-1:8. APN: 523-13-027. MR-04-25. PROPETY
LOCATION 16370 LILAC LANE. OWNERS, APPLICANTS,
APELLANTS: WESLEY AND DEBBIE LEONG. Carried
unanimously. (10.15)
ITEM 11 (11.15)
SAN BENITO 642
SECOND STORY
APPEAL
Resolution 2004-108
Motion by Mrs. Decker, seconded by Mr. Wasserman, that Council
adopt Resolution 2004-108 entitled, RESOLUTION OF THE
TOWN OF LOS GATOS DENYING AN APPEAL OF A
PLANNING COMMISSION DECISION APPROVING
CONSTRUCTION OF A SECOND STORY ADDITION TO A
PRE-1941 RESIDENCE ON PROPERTY ZONED R-1D.
ARCHITECTURE AND SITE APPLICATION S-04-21.
PROPETY LOCATION: 642 SAN BENITO AVENUE. OWNER/
APPLICANT: THOMAS SCHAUB. APPELLANT: JULIE
LIVINGSTON. Carried unanimously.
REDEVELOPMENT REDEVELOPMENT AGENCY
ITEM 12
ACCOUNTS PAYABLE
FOR JULY-AUGUST
Motion by Mrs. Decker, seconded by Mr. Wasserman, that the
Agencyl ratify the check register for accounts payable invoices paid
on July 30, 2004 and August 6, 2004 in the amount of $467,599.53.
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2004 Carried unanimously. (12.V)
7:07 COUNCIL/AGENCY TOWN COUNCIL/REDEVELOPMENT AGENCY
ITEM 13
MINUTES
AUGUST 2, 2004
Motion by Mrs. Decker, seconded by Mr. Wasserman, that the Town
Council/Redevelopment Agency approve the Minutes of the Joint
Regular Meeting of August 2, 2004 as submitted. Carried
unanimously. (13.V)
7:08
PM
COMMUNICATIONS VERBAL COMMUNICATIONS
SPEAKER Ray Davis spoke of the presentations made by Mayor Glickman at the
July 4th celebrations to the local service people serving their country at
this time. Mr. Davis believes the presentations should have been
handled in a different manner.
7:12 PUBLIC HEARING PUBLIC HEARING
7:12
PM
ITEM 14
CLEARVIEW DRIVE
LA RINCONADA
COUNTRY CLUB
COMMERCIAL
APPEAL
EXPANSION PLANS
LA RINCONADA COUNTRY CLUB/CLEARVIEW DRIVE
COMMERCIAL APPEAL/EXPANSION PLANS (14.15)
Mayor Glickman stated that this was the time and place duly noted
for public hearing to consider an appeal of a Planning Commission
decision approving a request to expand membership, provide outside
seating for the restaurant and snack shop and to demolish an existing
pro-shop, to add onto and construct new outbuildings, expand and
upgrade landscaping and parking facilities and to remodel and add
onto an existing club house (La Rinconada Country Club) on
properties zoned R-1:20 and RC and prezoned R-1:12. Architecture
and Site Application S-04-026. Conditional Use Permit U-04-009.
Property Location: 14595 Clearview Drive. Property Owner: La
Rinconada Property. Applicant: Kenneth Rodrigues & Partners, Inc.
Appellant: Chris DeLaOssa.
7:18
PM
ITEM 14
STAFF REPORTS
Bud Lortz, Community Development Director, gave an overview of
the Country Club’s request for improvements and modernization, and
also their plans for roadway widening and upgrades. He spoke of
appropriate traffic control for the service vehicles, membership and
visitors. He also spoke of the neighbors’ concerns about flooding on
Wedgewood and how the project includes measures to address that
specific concern.
ITEM 14
14595
CLEARVIEW DRIVE
SPEAKERS
SPEAKERS FOR 14595 CLEARVIEW DRIVE
(LA RINCONADA COUNTRY CLUB)
Chris DeLaOssa, Appellant, spoke on the issues of the conditional
use permits and the traffic patterns. He also referred to the General
Plan and the Strategic Plan and noted the neighborhood collector
streets and the impacts of increased traffic in the neighborhoods.
Jim Rubitz, representing the Country Club, spoke of deliveries to the
club through the service entrance on Wedgewood. He noted that there
were only about 25 service vehicles a day for normal deliveries.
Tom Weeks spoke on the conditional use permit and truck traffic. He
also spoke on the members entrance and on the blind curves on
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TIME ITEM ACTION ON ITEM
Wedgewood Drive. He asked that all traffic be eliminated from use of
the Wedgewood Gate.
Ray Davis asked for a new traffic study and new CUP. He believes
the proposals should go back through the Planning Commission.
PUBLIC HEARING PUBLIC HEARING CONTINUED
7:19
PM
ITEM 14
14595
CLEARVIEW DRIVE
SPEAKERS
SPEAKERS FOR 14595 CLEARVIEW DRIVE
(LA RINCONADA COUNTRY CLUB)
Mark Medalie spoke of the use of the Country Club access road on
Wedgewood. He believes the service road is too narrow for the trucks
that will be using it, although staff explained that the delivery trucks
that are allowed to use it are the appropriate size and weight for the
road. He does not want the trucks exiting on Wedgewood because of
the visibility issues and speed of the traffic on that road. He also
spoke of joggers, pedestrians and bikers trying to use Wedgewood.
Staff suggested that the 25 vehicles exiting the club each day were not
the cause of excess speed and increased traffic on Wedgewood, and
they suggested that the neighborhood work with traffic engineering on
traffic calming measures for the whole of the Wedgewood
neighborhood.
Jan Maddox spoke of speed on Wedgewood and the many thousands
of cars that use the road daily. She noted the high speeds and lack of
obeying the posted signs. She asked for more police presence to help
slow down the traffic.
Bob Korns asked for assurances that the gateway on Wedgewood
would be controled for a limited number of daily uses.
Barbara Kettman spoke of traffic and construction and the hours that
the trucks would be allowed to use the gate. She suggested hours that
were associated with less traffic on Wedgewood.
Barbara Lea believes that the access road off Wedgewood is too
narrow for truck traffic and asked if the two other access roads could
be used.
Cheryl Hirsa spoke of the traffic on Wedgewood and the traffic study
done July 2004. She noted 3,282 cars per day on this street and only
31 deliveries up the club access road.
Carla Dougher asked that the Wedgewood neighborhood be
considered for traffic calming measures, sidewalks and wheelchair
accessability.
John Aitkens would like to see the traffic issues and impacts shared
by the people who live around the Country Club. He would like street
lights, street trees to catch the impact of stray balls and sidewalks to
meander through the creatively placed trees.
Darcy Matthewson spoke of the noise from the trucks and asked that
they be limited to certain hours of the day and no more than 5 a day.
Linda Reynolds spoke on the problems with the traffic on
Wedgewood and the protection of the trees which also block the view.
PUBLIC HEARING PUBLIC HEARING CONTINUED
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TIME ITEM ACTION ON ITEM
8:13
PM
ITEM 14
14595
CLEARVIEW DRIVE
SPEAKERS
SPEAKERS FOR 14595 CLEARVIEW DRIVE
(LA RINCONADA COUNTRY CLUB) CONTINUED
Jan McClintock spoke of the speeders on Wedgewood. She asked if
La Rinconada would still make the planned improvements on
Wedgewood.
John McRostie spoke on the traffic on Clearview and La Rinconada
as well as on Wedgewood.
Isabel Guira spoke of the impacts from the large trucks, the safety
issues of the sharp curves on Wedgewood and the need for a new
traffic study.
Mateo Goa spoke of the very steep access off Winchester on to La
Rinconada Drive and the difficulty for trucks to enter that way.
Clearview also has a very tight turn for entrance. He believes the
safest access is through Wedgewood.
Chris DeLaOssa spoke of having full access to trails, parks, shopping
and of beautifying the Wedgewood neighborhood.
Ken Rodrigues summarized the plans for the Wedgewood access
road. The sidewalks, trees and street lights will make the Wedgewood
neighborhood safer. He spoke of traffic signage, and of staging the
construction trucks to wait in the driveway rather than out on
Wedgewood.
9:20 HEARING CLOSED Mayor Glickman closed the public hearing.
ITEM 14
MOTION AND
FINDINGS
LA RINCONADA
COUNTRY CLUB
Motion by Mr. Wasserman, seconded by Mr. Pirzynski, that Council
uphold the Planning Commission’s decision and approve Architecture
and Site Application S-04-026 and Conditional Use Permit U-04-009
subject to conditions listed in Attachments 2 and 3 of this report and
this motion includes the following findings made by Mr. Pirzynski: As
found in Attachment 1: (a) As required by Section 29.20.190 of the
Town Code for granting a Conditional Use Permit listed in 1through 4
of the staff report; (b) As required by Section 15303 of the State
Environmental Guidelines as adopted by the Town that this project is
Categorically Exempt; and (c) As required by Section 29.20.150 of the
Town Code for Architecture and Site applications, one through nine.
Carried unanimously. (14.15)
PUBLIC HEARING PUBLIC HEARING CONTINUED
9:25
PM
ITEM 14
COUNCIL
COMMENTS AND
CONSIDERATIONS
14595
CLEARVIEW DRIVE
COUNCIL COMMENTS/14595 CLEARVIEW DRIVE
(LA RINCONADA COUNTRY CLUB) CONTINUED
Council Comments:
* 3,000 cars a day travel along Wedgewood Ave; 1% of that traffic is
going in at the Club; 80% of that amount enters the Club at
Clearview
* Construction noise will be going on for a limited amount of time
* Staff review of traffic counts on Wedgewood after six months to
compare service entrance traffic volumes.
* Project builds 1500 feet of sidewalks on Wedgewood
* Drainage improvements will be addressed on Wedgewood
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TIME ITEM ACTION ON ITEM
9:50
PM
MAYOR CALLS FOR
THE QUESTION
Council carried the motion unanimously
9:50
PM
MAYOR CALLS
RECESS
Mayor Glickman called a ten minute recess.
OTHER BUSINESS OTHER BUSINESS
10:00P
M
ITEM 15
SKATEBOARD PARK
SKATEBOARD PARK AT MILES AVENUE
Mayor Glickman stated that this was the time and place duly noted
for Council’s consideration of design alternatives for a skateboard
park to be located at the Town-owned parking lot on Miles Ave.
(15.33)
10:18
PM
STAFF REPORT AND
CONSULTANT
REPORTS
SKATEBOARD PARK AT MILES AVENUE
Staff Report:
Pamela Jacobs presented a staff report on the suitability of the Miles
avenue location and the process undertaken to engage stakeholders in
the design.
Bruce Playle spoke on the progress of the plans for developing a
skateboard park in Town and the estimated costs for the skatepark.
ITEM 15
SPEAKERS FOR
SKATEBOARD PARK
SKATEBOARD PARK AT MILES AVENUE
Speakers:
Chris Miller spoke regarding parking, safety issues and community
funding.
Kevin Peth skateboarder spoke enthusiastically for a concrete facility.
Joanne Peth spoke on sponsorship and forming a committee for fund
raising.
OTHER BUSINESS OTHER BUSINESS CONTINUED
11:04
PM
ITEM 15
SPEAKERS FOR
SKATEBOARD PARK
CONT.
SKATEBOARD PARK AT MILES AVENUE CONT.
Speakers Continued:
Serena Eichelburger discussed fencing, skateparks in the area, on-
site parking, above ground concrete parks and getting the community
involved.
11:15
PM
ITEM 15
COUNCIL
COMMENTS
SKATEBOARD PARK
SKATEBOARD PARK AT MILES AVENUE
Council Comments:
* Focus on community involvement
* Mobilize fundraising activities
* Create working groups from those who have encouraged and spoken
out for this proposal
* Council asked the community to step forward and volunteer
* Mention was made that the Town has contributed land, and resources
to seed this project and now requires the community to move it
forward.
* Council consensus was for a concrete park, a fence and on site
parking.
OTHER BUSINESS OTHER BUSINESS CONTINUED
11:26 ITEM 16 BOARDS, COMMITTEES AND COMMISSIONS
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TIME ITEM ACTION ON ITEM
ITEM 16A
ORDINANCE
TERMS OF OFFICE
RECOMMENDATION:
That Council introduce an ordinance amending Town Code Chapter 2,
Article III, Section 2.30.930(b); and Chapter 20, Article II, Section
20.20.015; regarding the terms of office of appointees to the Personnel
Board and Planning Commission, in order to standardize said terms as
seen in attachment 1. (Neither the ordinance nor the title were read
into the record.) (16A.12)
ITEM 16B
HISTORIC
PRESERVATION
Resolution 2004-109
Motion by Mr. Glickman, seconded by Mrs. Decker, that Council
adopt Resolution 2004-109 entitled, RESOLUTION OF TOWN OF
LOS GATOS TO AMEND THE TERMS OF OFFICE AND
DUTIES OF THE HISTORIC PRESERVATION COMMITTEE
AND RECINDING RESOLUTION 1994-16. Carried unanimously.
(16B.12)
ITEM 16C
PARKING
AUTHORITY
Resolution 2004-110
Motion by Mr. Glickman, seconded by Mrs. Decker, that Council
adopt Resolution 2004-110 entitled, RESOLUTION OF TOWN OF
LOS GATOS DETERMINING THE NEED FOR A PARKING
AUTHORITY; DECLARING THE TOWN COUNCIL TO BE
THE PARKING AUTHORITY; ESTABLISHING THE
TRANSPORTATION AND PARKING COMMISSION; AND
RESCINDING RESOLUTION 2002-135. Carried unanimously.
(16C.12)
ITEM 17
GRAND JURY
REPORT - VTA
SANTA CLARA COUNTY CIVIL GRAND JURY REPORT
VALLEY TRANSPORTATION AUTHORITY
Motion by Mrs. Decker, seconded by Mr. Wasserman, to continue
this item to September 7, 2004 due to the late hour of this evening's
meeting. Carried unanimously. (17.28)
11:30
PM
ITEM 18
COUNCIL MATTERS
COUNCIL MATTERS: (18.28)
There was no report this evening.
11:31
PM
ITEM 19
MANAGER MATTERS
MANAGER’S MATTERS: (19.28)
There was no report this evening.
11:32
PM
ADJOURNMENT Mayor Glickman adjourned this evening’s meeting at 11:32 PM
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Town Council Minutes August 16, 2004
Redevelopment Agency Los Gatos, California
ATTEST:
Marian V. Cosgrove
Town Clerk
Secretary to the Redevelopment Agency
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