M 03-15-04TOWN OF LOS GATOS
CALIFORNIA
TOWN COUNCIL/PARKING AUTHORITY
JOINT REDEVELOPMENT AGENCY
MARCH 15, 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, March 15, 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 Labor Negotiations. Town Negotiator:
Gary Rogers, Human Resources Director. Employee Organizations:
Town Employees’ Association (TEA); AFSCME; Confidential Unit;
Management; and Police Officers Assoc. Council gave direction to
Town’s negotiator and there was no further reportable action taken.
Pursuant to Government Code Section 54956.8 regarding Conference
with Real Property Negotiator concerning property at Knowles
Avenue negotiating price and terms of payment between Town of Los
Gatos and County of Santa Clara. Council gave direction to Town’s
negotiator. There was no reportable action taken.
Also reported that Council met pursuant to Government Code Section
54956.9[a] regarding Conference with Legal Counsel concerning
Existing Litigation. City of Cerritos et al. vs State Board of
Equalization. Direction was given to Town Attorney with a
unanimous vote from Council to become a party to the case.
PRESENTATION Mayor Glickman presented a Commendation of Recognition to the
Jazz Purr Chorus Group from Los Gatos High School. They
performed some of their work for the audience which they will also
present in New York next month. The audience applauded their efforts
and the Mayor wished them well in their future endeavors.
7:04 CONSENT ITEMS CONSENT ITEMS
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TIME ITEM ACTION ON ITEM
PM
ITEM 1
SCHEDULE OF
PUBLIC HEARINGS
Motion by Mrs. Decker, seconded by Mr. Wasserman, that Council
accept and file informational report regarding currently scheduled
public hearings. Carried unanimously. (01.28)
ITEM 2
PAYROLL
RATIFICATION FOR
FEBRUARY 2004
Motion by Mrs. Decker, seconded by Mr. Wasserman, that Council
ratify the check register for payroll of February 15, 2004 through
February 28, 2004 paid on March 5, 2004 in the amount of
$544,896.40. Carried unanimously. (02.V)
ITEM 3
ACCOUNTS PAYABLE
RATIFICATION
Motion by Mrs. Decker, seconded by Mr. Wasserman, that Council
ratify the check register for accounts payable invoices paid on
February 27, 2004 and March 5, 2004 in the amount of $451,223.96.
Carried unanimously. (03.V)
ITEM 4
TREASURER’S
REPORT
Motion by Mrs. Decker, seconded by Mr. Wasserman, to accept
Treasurer’s report for month ending January 31, 2004. Carried
unanimously. (04.02)
ITEM 5
CABLE TELEVISION
FRANCHISE WITH
COMCAST CORP.
Resolution 2004-26
Motion by Mrs. Decker, seconded by Mr. Wasserman, that Council
adopt Resolution 2004-26 entitled, RESOLUTION OF TOWN OF
LOS GATOS APPROVING AN AMENDMENT EXTENDING
THE CABLE TELEVISION FRANCHISE AGREEMENT WITH
COMCAST CORPORATION FROM MARCH 31, 2004 TO
MARCH 31, 2005. Carried unanimously. (05.35)
ITEM 6
DISADVANTAGED
BUSINESS
ENTERPRISE
(DBE) FUNDING
Resolution 2004-27
Motion by Mrs. Decker, seconded by Mr. Wasserman, that Council
adopt Resolution 2004-27 entitled, RESOLUTION OF TOWN OF
LOS GATOS AUTHORIZING DISADVANTAGED BUSINESS
ENTERPRISE (DBE) PARTICIPATION FOR USE ON U.S.
DEPARTMENT OF TRANSPORTATION FUNDED PROJECTS
FOR FISCAL YEAR 2003-2004. Carried unanimously. (06.24)
ITEM 7
PROJECT 0409A
PARKING LOT 4
REPAIRS
RAINBOW WATER-
PROOFING
Resolution 2004-28
Motion by Mrs. Decker, seconded by Mr. Wasserman, that Council
adopt Resolution 2004-28 entitled, RESOLUTION OF THE TOWN
OF LOS GATOS AWARDING A CONSTRUCTION CONTRACT
WITH RAINBOW WATERPROOFING FOR PROJECT 0409A -
PARKING GARAGE #4 REPAIRS AND REHABILITATION -IN
THE AMOUNT OF $120,727.65 AND AUTHORIZING CHANGE
ORDERS UP TO $20,000. Carried unanimously. (07.24)
ITEM 8
PROJECT 0207
INFRASTRUCTURE
ASSET MANAGE’T
CARTEGRAPH
SYSTEMS, INC.
Motion by Mrs. Decker, seconded by Mr. Wasserman, that Council
adopt Resolution 2004-29 entitled, RESOLUTION OF THE TOWN
OF LOS GATOS APPROVING AN AGREEMENT WITH
CARTEGRAPH SYSTEMS, INC. FOR SOTWARE, SUPPORT,
AND IMPLEMENTATION RESOURCES FOR THE TOWN
WIDE INFRASTRUCTURE ASSET MANAGEMENT -
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TIME ITEM ACTION ON ITEM
Resolution 2004-29
PROJECT 0207. Carried unanimously. (08.24)
ITEM 9
BLOSSOM HILL
MANOR #11 ANNEX
CONSENT ITEM
This item has been pulled and will be heard after Item 16.
ITEM 10
ENGLEWOOD #5
ANNEXATION
Resolution 2004-30
Motion by Mrs. Decker, seconded by Mr. Wasserman, that Council
adopt Resolution 2004-30 entitled, RESOLUTION OF TOWN OF
LOS GATOS ORDERING THE REORGANIZATION OF
CERTAIN UNINHABITED TERRITORY DESIGNATED AS
ENGLEWOOD AVENUE #5 [APN: 532-05-015] (16471
ENGLEWOD AVENUE) TO THE TOWN OF LOS GATOS.
Carried unanimously. (10.26)
ITEM 11
HICKS ROAD 17101
GREENBRIAR
CONSENT ITEM
This item has been pulled and will be heard after Item 16.
ITEM 12
ORDINANCE
RENTALS
LANDLORD AND
TENANT DISPUTES
Ordinance 2128
Motion by Mrs. Decker, seconded by Mr. Wasserman, that Council
adopt Ordinance 2128 entitled, ORDINANCE OF THE TOWN OF
LOS GATOS AMENDING THE LOS GATOS TOWN CODE,
CHAPTER 14, ARTICLE VII, RENTAL AND OTHER
LANDLORD/TENANT DISPUTES, which was introduced at the
Council meeting of March 1, 2004. Carried unanimously. (12.39)
7:04 REDEVELOPMENT REDEVELOPMENT AGENCY AGENDA
ITEM 13
ACCOUNTS PAYABLE
RATIFICATION
Motion by Mrs. Decker, seconded by Mr. Wasserman, that the
Agency ratify the check register for accounts payable invoices paid on
February 27, 2004 and March 5, 2004 in the amount of $30,100.00.
Carried unanimously. (13.V)
7:04 COUNCIL/AGENCY TOWN COUNCIL/REDEVELOPMENT AGENCY
ITEM 14
MINUTES
MARCH 1, 2004
Motion by Mrs. Decker, seconded by Mr. Wasserman, that the Town
Council/Redevelopment Agency approve the Minutes of the Joint
Regular Meeting March 1, 2004 as submitted. Carried unanimously.
(14.V)
ITEM 15
ANNUAL FINANCIAL
REPORT
Motion by Mrs. Decker, seconded by Mr. Wasserman, that the Town
Council/Redevelopment Agency accept the 2002-2003 Comprehensive
Annual Financial Report (CAFR) and Memorandum on Internal
Control Structure. Carried unanimously.
(15.V)
7:14 COMMUNICATIONS VERBAL COMMUNICATIONS
7:14 SPEAKER Paul Dubois spoke of cost savings possibilities within municipal
operations. He focused on false alarm responses from the police
department and suggested keeping the current fees and practices in
addressing them. He also noted that he was not in favor of the Town
implementing a police impound yard and addressed costs associated
with that service.
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7:18 SPEAKER Ray Davis noted that he would not pledge allegiance to the flag in
these chambers in protest to his arrest for initiating disruptive behavior
in the Civic Center. He reminded Council that they could collect Park
Dedication Fees on each new development if they so chose; and spoke
again concerning Safe Routes to School programs in Los Gatos,
especially at the Shannon Road-Los Gatos Boulevard location.
PUBLIC HEARING PUBLIC HEARING - APPEAL
7:20
PM
ITEM 16
15047 LOS GATOS
BOULEVARD
MEDICAL OFFICE
LOS GATOS BOULEVARD 15047/MEDICAL OFFICE SPACE
Mayor Glickman announced that this was the time and place duly
noticed for holding a public hearing to consider an appeal of the
decision of the Planning Commission denying a request to demolish a
single family residence and consider a request for approval of a
Planned Development to change the zone from CH to CH:PD to
construct a two-story office building. No significant environmental
impacts have been identified as a result of this project, and a Mitigated
Negative Declaration is recommended. Planned Development
Application PD-04-2, Negative Declaration ND-04-1, Architecture
and Site Application S-04-05. APN 424-07-087. Property Location:
15047 Los Gatos Boulevard. Property Owner/Appellant: Josco
Properties. Applicant: John Lien, Architect. (16.15)
7:21 STAFF REPORT Bud Lortz, Director of Community Development, reported on the
history of this application and the work that has been done with staff,
applicants and community. He explained the parking ratios between
doctors’ offices and retail space, and also the different requirements
for the different types of businesses and their clientele.
ITEM 16
SPEAKERS
SPEAKERS ON ITEM 16 – LOS GATOS BOULEVARD 15047
MEDICAL OFFICE BUILDING
7:30 APPLICANT/
APPELLANT
John Lien, representing Doctor Joan Oloff, spoke of the history of the
project and the various design elements involved.
APPELLANT Brad Krouskup, representing the applicant, spoke of the design of the
building to house and support the work of some very talented
physicians. He noted that this building, and others similar to it, will
bring economic stability to the area which in turn will encourage the
growth of retail shops over time.
7:44 SPEAKER Paul Dubois believes the Council should uphold the appeal. He spoke
of the Planning Commission needing four members to make a
decision. They found the design was excellent and believed they
should have been able to consider the application for its architectural
value. He noted that there was no attraction for retail in this area at
this time and that Council should begin to set precedents and policies
for how it is going to proceed with this segment of our Town.
ITEM 16
SPEAKERS
CONTINUED
SPEAKERS ON ITEM 16 – LOS GATOS BOULEVARD 15047
MEDICAL OFFICE BUILDING
PUBLIC HEARING-APPEAL
7:48 SPEAKER Rob Naber, owner of Physical Therapy of Los Gatos, noted that he
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TIME ITEM ACTION ON ITEM
would like to keep his growing practice in Los Gatos and be able to
offer additional services to the community.
7:50 “Matthew Mingrone, facial reconstruction physician, spoke of his
growing practice and the need for additional work space to offer his
services to the community from a professional facility.
7:52 “Peter Abaci, MD, pain management practitioner, spoke of a facility
that is able to integrate various pain management practices. He noted
that there are no current accommodations available for this type of
service, and he affirmed that he was looking forward to being able to
work in the 10,000 square foot center.
7:53 “John Massey, MD, offering special services for chronic disabilities,
spoke of integrating services with psychlogists and physical therapists
to meet the needs of over 100 new patients a month calling for
appointments.
7:56 “Joan Oloff, representing JOSCO, spoke about her colleagues with
pride. She is very pleased to be working with such talented
individuals, and noted that they had been hand picked for this location
and that they all worked through problems with care and
encouragement. She then noted that the synergy developed by
bringing clients to this facility for healing would also develop a need
for other services in this vicinity and on the boulevard.
7:59 “Ray Davis asked that retail be supported in this building and that this
type of business be encouraged on the boulevard. He also asked that
soccer fields be encouraged for this area.
8:02 “Bill Hirschman noted that this was a well designed and appropriate
building for this area. He spoke to the fact that this section of Town
was, is now, and will continue to be a mixture of retail, office, and
service businesses. He asked that Council allow the market place to
decide when retail is economically feasible in the North 40. He
suggested designing sufficient parking at this time to accommodate
retail in the future.
ITEM 16
SPEAKERS
CONTINUED
SPEAKERS ON ITEM 16 – LOS GATOS BOULEVARD 15047
MEDICAL OFFICE BUILDING
PUBLIC HEARING-APPEAL
8:09 “Michael Kane, MD spoke in support and for allowing retail in the
future.
8:12 “Joseph Gemignami spoke in favor of the project and the upgrading of
that particular area and believes it is a betterment for the Town.
8:13 APPLICANT Brad Krouskup reaffirmed the plans for the project; noted that the
proposal provided for the community good; spoke of the many
excellent physicians prepared to bring care to our Town; and spoke of
the evolutionary nature of planning.
8:15
PM
ITEM 16 CLOSED PUBLIC HEARING
Mayor Glickman closed the public hearing.
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TIME ITEM ACTION ON ITEM
8:15
PM
1ST
MOTION
Motion by Mr. Wasserman, seconded by Mrs. Decker, that Council
grant the appeal.
Council Comments and Discussion:
* This site is good for doctors’ offices as it is close to Good Samaritan
Hospital and close to the other physicians offices in the area.
* Nominal retail can be portion of the general office functions.
* If a physician leaves his office space then retail can move in.
* There can be a natural filling of retail in vacated space.
* As this area develops there will also be a developing need for retail.
* Council should resurrect the Boulevard Plan and prepare a more
specific plan.
----Traffic needs to be addressed.
----Impacts of uses need to be defined
----Planning needs to have complete parameters to work within to
formulate answers to the many questions that have risen.
----Retail will eventually settle in the area.
----A North 40 Specific Plan needs to be developed.
----An advisory committee may be formed to develop this plan.
MOTION
AMENDMENT
Mr. Glickman asked for a minor condition: That retail space be
mandated if the medical uses ceases to remain in this facility.
This was not acceptable to the maker and seconder of the motion.
ITEM 16
CONTINUED
ITEM 16 – LOS GATOS BOULEVARD 15047
MEDICAL OFFICE BUILDING
PUBLIC HEARING-APPEAL
1ST MOTION
TABLED
Mr. Wasserman, maker of the motion, tabled the motion on the floor
in order to attend to other items that must come before the final
motion.
.
ITEM 16
NEGATIVE DEC.
Motion by Mr. Wasserman, seconded by Mrs. Decker, that Council
make the Negative Declaration as appears in Exhibit 1 of Attachment
6 of this evening’s staff report to Council. Carried unanimously.
ITEM 16
MITIGATION
MONITORING PLAN
Motion by Mr. Wasserman, seconded by Mrs. Decker, that Council
adopt the Mitigation Monitoring Plan as appears in Attachment 2 of
this evening’s staff report to Council. Carried unanimously.
8:43
PM
ITEM 16
A&S: S-04-5
PD: PD-04-2
REQUIRED
FINDINGS
Motion by Mr. Wasserman, seconded by Mr. Glickman, that Council
approve Architecture and Site application S-04-5 and Planned
Development application PD-04-2 and make the required findings as
appears in Attachment 1 of this evening’s staff report to Council.
Carried unanimously.
Findings by Mr. Pirzynski:
* As required in architecture and site approval by the Town Code for
demolition of a residence Council has considered the maintenance of
Town’s housing stock; preservation of historic structures; property
owner’s desire to maintain the structure; and economic utility of the
building.
* As required by the Town’s Infill Policy for Community Benefit
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TIME ITEM ACTION ON ITEM
Council has considered that the project will contribute to further
appropriate development of the neighborhood with improved
circulation, elimination of blighted area, increased architectural unity,
and improvement in the existing quality of life. The infill project
blends well with the established plans for this area with its excellent
design and adherences to all appropriate Architecture and Site
requirements. The applicant has clearly demonstrated the
requirement for excellence of design, and the project demonstrates a
strong community benefit which is part of the public record.
* Traffic Policy is addressed in that the benefits of the project have
been identified and they clearly outweigh the impacts as Council
prepares to approve the project also finding consistency with Town’s
General Plan.
ITEM 16
CONTINUED
ITEM 16 – LOS GATOS BOULEVARD 15047
MEDICAL OFFICE BUILDING
PUBLIC HEARING-APPEAL
8:43 READING OF TITLE Town Clerk read the Title of the Proposed Ordinance.
8:46 WAIVER OF
READING
Motion by Mr. Wasserman, seconded by Mrs. Decker, to waive the
reading of the Proposed Ordinance. Carried unanimously.
8:47
PM
1ST
MOTION
FINALIZED
ITEM 16
Motion by Mr. Wasserman, seconded by Mrs. Decker, that Council
introduce the Proposed Ordinance entitled, ORDINANCE OF THE
TOWN OF LOS GATOS AMENDING THE ZONING
ORDINANCE EFFECTING A ZONE CHANGE FROM CH TO
CH:PD AT 15047 LOS GATOS BOULEVARD, with the findings
which were just articulated and are part of the record; and with
Paragraph 6 of the ordinance, revised to read, “Retail and /or
restaurant uses are permitted on the ground floor that fronts on to Los
Gatos Boulevard. This condition supercedes the Floor Plans of the
Official Development Plan.” Carried unanimously.
CONSENT ITEMS PULLED CONSENT ITEMS
8:55
PM
CONSENT ITEM 9
BLOSSOM HILL #11
ANNEXATION
CONSENT ITEM CONTINUED
Item 9 was pulled from the consent calendar.
ITEM 9
STAFF
PRESENTATION
BLOSSOM HILL MANOR #11 ANNEXATION
ELECTION DATES TO BE CONSIDERED
Mayor Glickman announced that this was the time and place so noted
to consider the adoption of resolution making findings concerning the
value of written protests filed and not withdrawn and ordering the
reorganization of the territory known as Blossom Hill #11 and setting
an election concurrent with the November 2004 General Election.
Council questioned the advisability of the November election and
asked that staff review the options for an earlier election and report
back to Council. Comparable costs for both types of election are to be
addressed.
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CONSENT ITEM 9
CONTINUED
BLOSSOM HILL MANOR #11 ANNEXATION
ELECTION DATES TO BE CONSIDERED
SPEAKERS The following people from the audience addressed this issue:
These speakers from the Blossom Hill #11 Annexation area requested
an earlier election date and a mailed ballot:
* Larry Gerston
* Carol Gruetzner
This speaker from the Blossom Hill #11 Annexation area requested
that the question be placed on the Consolidated Municipal General
Election in November:
* Cindy Steele
9:15
PM
MOTION ITEM 9
BLOSSOM HILL #11
ANNEXATION
ELECTION DATES FOR BLOSSOM HILL MANOR #11
Council consensus to have staff review the alternatives for an earlier
mailed ballot election. (09.03)
CONSENT ITEM PULLED CONSENT ITEM
9:17 ITEM 11
HILLSIDE
STANDARDS
SPEAKER
HICKS ROAD 17101–PLANNED DEVELOPMENT
HILLSIDE STANDARDS–GREENBRIER
Speaker Ray Davis spoke of maintaining the Hillside Standards and
spoke of the height, bulk and mass. He also referred to the garages
that can be placed in the basement. He asked Council to reconsider its
decision.
9:21 ITEM 11
MOTION
GREENBRIER
Motion by Mr. Pirzynski, seconded by Mrs. Decker, that Council
adopt Resolution 2004-32 entitled, RESOLUTION OF TOWN OF
LOS GATOS GRANTING IN PART AND DENYING IN PART
APPEALS OF A PLANNIING COMMISSION DECISION
APPROVING 13 NEW SINGLE FAMILY RESIDENCES
WITHIN AN APPROVED PLANNED DEVELOPMENT ON
PROPERTY ZONED HR-5:PD, which is reflected in this evening’s
desk item before Council and which contains the adaptation of Item E-
4 asnoted by staff. Carried unanimously. (11.15)
9:22
PM
ITEM 17
COUNCIL MATTERS
ITEM 17–COUNCIL MATTERS (17.28)
Councilmember McNutt and Council Member Decker addressed
Council policies and the updated draft that staff will be bringing
forward on a future agenda. She also asked specifically about active
campaigning on Town property. Are there restrictions within so many
feet, for instance at the Farmer’s Market or during the summer concert
series? Town has a policy on when to take down political signs, and
does Council wish to establish guidelines on when to put up political
signs? Should Council Members endorse political candidates and if so
can they do this publically? Council Consensus to pursue these
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TIME ITEM ACTION ON ITEM
questions and present a report to Council on a future agenda
Councilmember Pirzynski announced the approval and unanimous
vote of the Santa Clara County Cities’ Association for the endorsement
of the Citipac Initiative.
Councilmember Pirzynski inquired about the policy for pulled items
and asked if they could be heard before the public hearings. Attorney
Korb said he would look into this and report back to Council.
Councilmember Decker spoke of two weekend events that took
place. One was a performance by the Los Gatos Jazz Purr, the other
was an event for the Under 21 Club on Saturday from 7pm to 10pm at
the Los Gatos Bar and Grill.
9:34
PM
ITEM 18
MANAGER MATTERS
There were no Manager Matters presented this evening. (18.28)
9:34
PM
ADJOURNMENT Mayor Glickman adjourned this evening’s meeting at 9:34 PM
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Town Council Minutes March 15, 2004
Redevelopment Agency Los Gatos, California
ATTEST:
Marian V. Cosgrove
Town Clerk
Secretary to the Redevelopment Agency
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