M 10-02-00TOWN OF LOS GATOS
CALIFORNIA
TOWN COUNCIL/PARKING AUTHORITY
JOINT REDEVELOPMENT AGENCY
October 2, 2000/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 7:45 p.m., Monday, October 2, 2000,
in joint regular session.
ROLL CALL
Present:Randy Attaway, Jan Hutchins, Linda Lubeck,
Joe Pirzynski and Mayor/Chairman Steve Blanton.
Absent:None.
PLEDGE OF ALLEGIANCE
Given by all in attendance.
CLOSED SESSION
Town Attorney, Orry Korb, announced that Council had met in Closed Session this evening
pursuant to Government Code Section 54956.9(b), Confernece with Legal Counsel - Anticipated
Litigation regarding claim of Meryl Dando-Gordon. Council gave direction on how to conduct
negotiations.
Pursuant to Government Code Section 54957, Public Employee Appointment, regarding
appointment of Town Manager. Direction was given to consultant.
Pursuant to Government Code Section 54957, Public Employee Performance Evaluation, regarding
evaluation of Town Attorney. No action was taken.
Pursuant to Government Code Section 54957.6, (Conference with Labor Negotiator). Town
Negotiator (Lead): Rick Bolanos, Whitmore, Johnson & Bolanos and Employee Organization:
Police Officers' Association. Council gave direction to Negotiator but no final actions were taken
tonight.
Pursuant to Government Code Section 54957.6, (Conference with Lober Negotiator). Town
Negotiator: Gary Rogers, Personnel Manager: Employee: Town Attroney. No action was taken.
ARTS COMMISSION/APPOINTMENTS (000.20)
Mayor Blanton announced that there were two vacancies on the Arts Commission and no
applications. The openings will be re-advertised for interviews in November.
BOARD OF APPEALS/APPOINTMENT (XX.20)
Mayor Blanton announced that no applications had been received for the one vacancy on the Board
of Appeals. This opening will be re-advertised for interviews in November.
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COMMUNITY SERVICES COMMISSION/STUDENT MEMBERS (00.20)
Mayor Blanton announced that no applications had been received for two student
vacancies on the Community Services Commission. The openings will be re-advertised for
interviews in November.
GENERAL PLAN COMMITTEE/APPOINTMENT (XXX.20)
Mayor Blanton announced that no applications had been received for one vacancy on the
General Plan Committee. This opening will be re-advertised for interviews in November.
NEWS RACK COMMITTEE/APPOINTMENT (XX.20)
Mayor Blanton announced that no applications had been received for the one vacancy on the News
Rack Committee. This opening will be re-advertised for interviews in November.
PARKS COMMISSION/STUDENT MEMBERS (00.20)
Mayor Blanton announced that no applications had been received for two student
vacancies on the Parks Commission. The openings will be re-advertised for interviews in
November.
HISTORIC PRESERVATION COMMISSION/APPOINTMENT (00.20)
Mayor Blanton announced that one application had been received from Susan Burnett for
one vacancy on the Historic Preservation Commission. Voting was held and Ms Burnett
was reappointed to the Commission for a term expiring August 1, 2004.
REDEVELOPMENT ADVISORY COMMITTEE/APPOINTMENT (XX.20)
Mayor Blanton announced that one application had been received from Morris Trevithick
for one vacancy on the Redevelopment Advisory Committee. Voting was held and Mr.
Trevithick was reappointed to the Committee for a term expiring August 1, 2004.
TRAILS & BIKEWAYS COMMITTEE/APPOINTMENT (YY.20)
Mayor Blanton announced that two applications from Kevin Dillon and Marc Jensen had been
received for one vacancy on the Trails & Bikeways Co mmittee. Voting was held and Mr. Jensen
was appointed to a term expiring in January 31, 2003.
PRESENTATIONS/MUSIC IN THE PLAZA SPONSORS (00.20)
Mayor Blanton made presentations to the sponsors of the Annual Music in the Plaza Events which
are presented free to the public. The following sponsors were noted and the Mayor commented on
the fine performances and thanked the sponsors for their continued support for this program:
Andale Taqueria, Toll House Hotel, Bill Gould Design, Willow Street Wood-Fired Pizza, Domus,
Washington Mutual Bank, The Rotary Club of Los Gatos, Alain Pinel Realtors, Bob Lewis
Volkswagen, C.B. Hannegan’s, Four Green Fields, Community Hospital of Los Gatos, Los Gatos
Coffee Roasting Company, Oakville Grocery, Pizza My Heart, and The Rose Collection.
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SCHEDULE OF PUBLIC HEARINGS (01.01)
Informational report regarding currently scheduled public hearings was received and filed.
COUNCIL CALENDAR OF MEETINGS/OCTOBER-NOVEMBER 2000 (02.10)
Informational item presenting future Town Meetings for Council and other Town Boards
and Commissions for October-November 2000, was received and filed.
RATIFICATION OF PAYROLL/SEPTEMBER 2000 (03.V)
Motion by Mr. Pirzynski, seconded by Mr. Attaway, that Council ratify the check registers for the
payroll of September 3 through September 16, 2000 paid on September 22, 2000, in the amount of
$455,736.18. Carried unanimously.
ACCOUNTS PAYABLE/RATIFICATION/SEPTEMBER 2000 (04.V)
Motion by Mr. Pirzynski, seconded by Mr. Attaway, that Council ratify the accompanying check
registers for accounts payable invoices paid on September 15 and September 22, 2000 in the
amount of $305,635.67. Carried unanimously.
MINUTES OF SEPTEMBER 11, 2000 (05A.V)
Motion by Mr. Pirzynski, seconded by Mr. Attaway, that Council approve the Minutes of
September 11, 2000 as submitted. Carried unanimously.
MINUTES OF SEPTEMBER 18, 2000 (05B.V)
Motion by Mr. Pirzynski, seconded by Mr. Attaway, that Council approve the Minutes of
September 18, 2000 as submitted. Carried unanimously.
CALIFORNIA LAW ENFORCEMENT EQUIPMENT PROGRAM/CLEEP (06.36)
Motion by Mr. Pirzynski, seconded by Mr. Attaway, that Council authorize the Town Manager to
accept funds from the State of California allocated to the Town of Los Gatos and the share allocated
to the City of Monte Sereno and authorize an increase in the Police Department budget in the
amount of $211,726 to purchase automated external defibrillators (AED’S), and mobile data
computers and related software for use in each police patrol vehicle. Carried unanimously.
TOWN INTERNET CONNECTION (07.42)
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Motion by Mr. Pirzynski, seconded by Mr. Attaway, that Council accept report on status of the
Town Internet Connection. Carried unanimously.
SHANNON ROAD 14411/EQUESTRIAN FACILITY/RESOLUTION 2000-116 (08.15)
Motion by Mr. Pirzynski, seconded by Mr. Attaway, that Council adopt Resolution 2000-116
entitled, RESOLUTION OF THE TOWN OF LOS GATOS GRANTING THE APPEAL OF A
PLANNING COMMISSION DECISION APPROVING A REQUEST TO DEMOLISH A
PRE-1941 RESIDENCE AND TO CONSTRUCT A NEW RESIDENCE AND A
CARETAKERS UNIT FOR A HORSE BOARDING AND TRAINING FACILITY ON
PROPERTY ZONED HR-5. Carried unanimously.
VERBAL COMMUNICATIONS
Winchester-Daves Ave Traffic Safety:
Erin Garner Barry Lane, Monte Sereno, spoke of the safety issues involved at the Daves Ave-
Winchester crossing, during 8am and 2:30pm student pedestrian crossing times. At this time there
is no crossing guard at the intersection and the parents are standing there to try to slow down the
traffic.
Doug McNeil, 17413 Pleasant View Ave, asked that Council consider a Safe Routes to School
Program, and also to note the increased approved construction on University which has added
traffic to this intersection. Council asked for a report back on the overall issue and some immediate
mitigation measures taken to ease the problem.
Panels and Antennas on Roofs:
Ray Davis resident, spoke of the proliferation of panels and antennas on office building roofs.
Retaining Wall at Highway 9 and Los Gatos Blvd:
Tony Jeans, 170 Stacia St., spoke of the lack of public process in putting up this wall and that he
and maybe others would have participated in the planning of a river rock wall. Mayor Blanton
requested a report back to Council on the process and the possibility of replacing the wall.
HEARINGS
WOODED VIEW 280/RESIDENTIAL CONSTRUCTION/APPEAL (10.15)
Mayor Blanton 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 approve construction of a new single family
residence on property zoned HR-2 ½. Architecture and Site Application S-99-39. Property
Location: 280 Wooded View Drive. Property Location: 280 Wooded View Drive. Property Owner:
John and Sherri Leroy. Applicant: Mark Tersini - KT Properties. Appellant: Terry Szewczyk.
The following people from the audienace addressed this issue:
Jolie Houston, with Berliner Cohen, representing the owners, spoke of the time taken to
incorporate mitigating elements to meet the neighbors’ concerns.
Terry Szewczyk, Civil Engineer for the project, spoke of the reduced retaining wall, extensive
landscaping, and privacy screening elements.
Richard Foust, Architect for the project, spoke of the attempts to accomodate the neighbors’ needs.
Robert Aviles, Architect for Mr. Hackett, spoke of the request to change the orientation of the home
to be away from the neighbors and redesign the house to addresses the privacy issues.
Charles Hackett, 15400 Suview Drive, spoke of the impact this new and very large structure will
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have on his home and his privacy, and asked that it be situated lower and more centrally on the
property.
Michael Fletcher, 1743 Sweetbrier Drive, San Jose, and owner of property 290 Wooded View
Drive adjacent to the property in question, spoke in support of the proposal and for approval.
Ray Davis resident, opposed the project.
Cheri LeRoy, 280 Wooded View, spoke of the concessions and accommodation that she and her
husband have agreed to with the help of their architect and engineer.
Tony Jeans, 170 Statia Street, was very much in favor of the present siting and would not like any
of the other proposals used because of the impacts the home would have on the street.
Paul McLellan, 235 Forrester Road, would not like the home placed lower on the property because
it will come back to back with his house and a great deal of shrubbery would have to be removed.
HEARINGS CONTINUED
WOODED VIEW 280/RESIDENTIAL CONSTRUCTION/CONT.
Speakers Continued:
Mark Tersini, KT Properties, spoke supporting the project. Spoke of providing privacy for Mr.
Hackett’s property.
No one else from the audience addressed this issue.
Motion by Mr. Attaway, seconded by Mr. Pirzynski, to close the public hearing. Carried
unanimously.
Motion by Mr. Pirzynski, seconded by Mrs. Lubeck, to uphold the Planning Commission and deny
the appeal. Motion failed 2 to 3.
Motion by Mr. Attaway, seconded by Mr. Blanton, to send the project back to the Planning
Commission for a redesign addressing the design and site, that the soils report be readdressed for
accuracy, but the site is not to be way down the hill. It is within the Council’s prerogative to ask for
a modification and a compromise between the neighbors, and the adjustments should be minor ones.
Carried by a vote of 3 ayes. Mr. Pirzynski and Mrs. Lubeck voted no.
SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUNDS/RESOLUTION 2000-118 (11.36)
Mayor Blanton stated that this was the time and place duly noted for Public Hearing to consider
Supplemental Law Enforcement Services Funds (SLESF).
There were no speakers from the audience to address this issue.
Motion by Mr. Attaway, seconded by Mr. Pirzynski, to close the public hearing. Carried
unanimously.
Motion by Mr. Attaway, seconded by Mr. Pirzynski, that Council adopt Resolution 2000-118
entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE
EXPENDITURE OF FUNDS FROM THE SUPPLEMENTAL LAW ENFORCEMENT
SERVICES FUND FOR AN ADDITIONAL POLICE OFFICER TO BE ASSIGNED AS A
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MOTORCYCLE TRAFFIC OFFICER AND AUTHORIZE THE ACCEPTANCE AND USE
OF SLESF FUNDS FROM THE CITY OF MONTE SERENO TO PROVIDE FUNDING
FOR AN ADDITIONAL POLICE OFFICER TO BE ASSIGNED AS A SCHOOL
RESOURCE OFFICER; and authorize an increase in the Police Department budget revenue of
$200,000 and an equal expense in salary, benefits and materials; and an increase in expenditure of
$20,500 from the equipment replacement fund for the purchase of one motorcycle and associated
emergency equipment. Carried unanimously.
Council consensus to review this issue six months after implementation of the program focusing on
how the program has benefitted at risk kids.
NINA COURT 130/SUBDIVISION/FAMILY RESIDENTIAL/RESOLUTION 2000-117 (09.15)
The following people from the audience addressed this issue:
Mr. Flood, 131 Pinta Court, asked for reconsideration of this issue and readdressed the problem
with double frontage lots.
Ray Davis, resident, spoke of the drainage on Causey Lane.
Skip Spiering, Dividend Homes, asked that the resolution be adopted as it is presented to Council
this evening.
No one else addressed this issue.
Motion by Mr. Attaway, seconded by Mrs. Lubeck, that Council adopt Resolution 2000-117,
entitled RESOLUTION OF THE TOWN OF LOS GATOS GRANTING AND REMANDING
AN APPEAL OF A PLANNING COMMISSION DECISION DENYING A REQUEST TO
SUBDIVIDE A RESIDENTIAL PARCEL INTO FOUR LOTS AND TO DEMOLISH A PRE-
1941 SINGLE FAMILY RESIDENCE ON PROPERTY ZONED R-1:1O. Carried unanimously.
DOWNTOWN HOLIDAY PARKING PROGRAM/JOINT REDEVELOPMENT (12.34)
Assistant Town Manager/Executive Director, Jim Piper, gave an overview of the 17 items that will
be implemented in the Downtown Holiday Parking Program this year. The expectation is that the
delineated items will be in place by the first of November for the upcoming holiday season.
The following people spoke to the issue:
Jennifer Marcoux, Manager at Los Gatos Theater, spoke against the shuttle explaining why it did
not work for their employees last year. Asked for more literature and signs to direct customers to the
available parking.
Margaret Smith, 135 Tait, owner of Domus, questioned shuttle and valet service and asked for
specific statistics to quantify the use and determine if the service is a success especially since so
much of tax payers money is being used for it. She also asked if the Community Services Officers
could come by with their cars and take employees to Miles Ave. Would that be more cost effective
and safer for the women employees? Would $50 thousand given to the CSO’S make more sense?
Paul Shepherd, 135 Tait, get the parking done now! Get the garage built!
Tom Boyce, 134 Wilder Ave, get program going now. Do not make Almond Grove an overflow
parking lot. Put two hour parking on Wilder and Tait, except for those with residential permits.
Phil Micciche, St. Mary’s representative, suggested making Almond Grove District 2 hour parking
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which would move the full term parkers toward the valet and shuttle services, and the Miles Ave.
lot. He asked that the classifications of employee and customer parking be changed to short term
and long term parking.
Bill Errico, 236 University Ave, he spoke of greatly increased traffic on University, the
intensification of speeding, the confusion of construction vehicles due to four large projects in the
vicinity, and the narrowness of University (40 feet) compared to North Santa Cruz (45 feet). With
the narrower street it is impossible to back out of the residential driveways and see past parked cars
up and down University. The safety issue is the main concern for those living on this street. Mayor
Blanton requested that the issues of stop signs, crosswalk markings and more informative signage
on University be addressed at the meeting of October 16th.
DOWNTOWN HOLIDAY PARKING PROGRAM CONT.
Speakers continued:
John Tice, 570 University, suggested some incentives for using the shuttle service like a covered
location to wait in until the van comes by. The weather will be turning wet and cold and folks will
not want to wait in that on Miles. Coffee available on the corp yard porch?
Sherwood Sullivan, 103 University Ave, no parking on University but he will attend the 16th
meeting to discuss it further.
No one else from the audience spoke to the issue.
Council/Agency consensus to accept the status report on the downtown holiday parking program .
Motion by Mr. Attaway, seconded by Mrs. Lubeck, that Council/Agency authorize the transfer of
$226,000 from the General Fund reserve for parking to the downtown parking program with the
stipulation that all contracts return to Council for review first and that the budget is not a goal but an
amount to negotiate with. Carried unanimously.
Motion by Mr. Attaway, seconded by Mr. Hutchins, that Council/Agency authorize the Town
Manager to negotiate contracts for valet parking services and shuttle services during the holiday
period not to exceed a combined cost of $125,000. This item to return to Council October 16 th to be
considered after hearing the audience’s concerns and comments, and noting that the budget is not a
goal but an amount to negotiate with. The shuttle service supplier will remain flexible and be
evaluated continually as regards use, time of use, frequency of use, employee, employer and
customer use, and the ability to encourage use of any and all clients. Carried by a vote of 4 ayes.
Mr. Blanton voted no on the issue of the shuttle only.
PAVING OF PARKING LOT 1 AND LOT 2/JOINT REDEVELOP/RESOLUTION 2000-119 (13.34)
Motion by Mrs. Lubeck, seconded by Mr. Hutchins, that Council/Agency adopt Resolution 2000-
119, entitled RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN
MANAGER/EXECUTIVE DIRECTOR TO EXECUTE A CONTRACT EXTENSION WITH
PAVEX CONSTRUCTION FOR AN AMOUNT NOT TO EXCEED $215,000 FOR THE
RESURFACING OF PARKING LOTS 1 AND 2. Carried unanimously.
CHAMBER OF COMMERCE/GROUND FLOOR OFFICE/DOWNTOWN (14.38)
Dianne McNutt, representing the Chamber of Commerce, spoke of the Planning Commission’s
lengthy motion approving the Chamber use in the C2 zone.
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Motion by Mrs. Lubeck, seconded by Mr. Attaway, that the Chamber of Commerce be considered
a retail and service use, determining that this operation is distinguished from any other type of office
desiring to do business in the C2 zone, and that this interpretation is exclusive to the Los Gatos
Chamber of Commerce; and that somewhere in the future the Planning Commission will amend the
Zoning Ordinance to identify the Los Gatos Chamber of Commerce as a unique type of business that
should be allowed anywhere within the downtown. Carried unanimously.
RULES OF CONDUCT/ TOWN MEETINGS/CODE AMENDMENT/COUNCIL POLICY (15.28)
Mayor Blanton stated that this was the time and place duly noted to consider introducing an
ordinance for the purpose of adding language to the Town Code prohibiting willful interruptions of
meetings of the Town Council and other boards and commissions.
Council Comments:
Council needs a clear policy and a clear set of rules as to how the process of public participation at a
Council meeting is to take place. Where do the speaker cards get turned in? Where do I go to
present myself to Council? Where do I submit my items for the record and for Council review,
during the meeting? What is the process and procedure to speak before Council? What is the
process for making use of equipment in the chamber? These rules should be in a resolution that can
be modified more easily and which is flexible and easily tailored to current procedural changes.
The ordinance can say, “Not following reasonable direction of the Chair regarding the rule after
being warned to do so would be an additional disruption of the meeting.” This would pull in all the
rules you wish to adopt in the future. The key to the ordinance is to identify conduct and state that
conduct that violates the ordinance is that which occurs or continues to occur after a warning has
been issued to cease. It responds to the specific situation that is occurring in a specific meeting.
The following people spoke to the issue:
Ray Davis, resident, expressed his opposition to this code amendment and Council policies.
Margaret Smith, 135 Tait, encouraged Council to set a policy for decorum at Council meetings
which would allow respect for the procedures, the Council and the audience.
Dianne McNutt, 27 Jackson, spoke of compiling code of conduct manuals for other municipalities
which address the model of behavior for the Council, Commissioners, and the public. These guides
offer procedures, for all of the people involved in local government, to better understand the
procedures, attitudes and respect that they should have for one another while conducting their
business.
John Tice, 570 University, asked what caused this ordinance to be proposed, what specific event?
Council noted that it was not due to a specific event, but it was time that a policy of procedures be
adopted by Council.
No one else from the audience addressed this subject.
Consensus of Council to return this item to Council with an amendment that would include any
violations of the rules adopted by Council.
COUNCIL COMMITTEE REPORTS
Mr. Hutchins mentioned downtown parking in Santa Barbara wherein the first 75 minutes is free,
and the cost is $1 and hour thereafter. He felt it was very comfortable for the patron to make use of
the system and to comply.
ADJOURNMENT
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Mayor Blanton adjourned this evening’s meeting at 11:28 P.M.
ATTEST:
Marian V. Cosgrove
Town Clerk
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