M 12-04-00TOWN OF LOS GATOS
CALIFORNIA
TOWN COUNCIL/PARKING AUTHORITY
JOINT REDEVELOPMENT AGENCY
December 4, 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 7:30 p.m., Monday, December
4, 2000, in joint regular session.
ROLL CALL
Present:Randy Attaway, Steven Blanton, Jan Hutchins,
Linda Lubeck, and Chairman/Mayor Joe Pirzynski.
Absent:None
PLEDGE OF ALLEGIANCE
Given by all in attendance.
CLOSED SESSION
Town Attorney, Orry Korb, announced that Council had met in Closed Session prior to
this evening's meeting pursuant to Government Code Section 54956.9 Concerning
Pending Litigation regarding Lani Sigala vs. Town of Los Gatos in Santa Clara County
Superior Court, Action CV786996. Direction was given to Attorney with no reportable
action taken.
Pursuant to Government Code Section 54957.6, regarding Conference with Labor
Negotiator. Town Negotiator (Lead): Rick Bolanos, Leibert, Cassidy & Whitmore.
Employee Organizations: Police Officers’ Association (POA). Town Negotiator: Gary
Rogers, Human Resources Manager. Council discussed and final action will occur on
tonight’s agenda as Item #7.
CERTIFICATION/MUNICIPAL ELECTION/NOVEMBER 7, 2000/RESOLUTION 2000-146
(00.03)
Motion by Mr. Blanton, seconded by Mr. Attaway, that Council adopt Resolution 2000-
146 entitled, RESOLUTION OF THE TOWN OF LOS GATOS CERTIFYING THE
NOVEMBER 7, 2000 LOS GATOS GENERAL MUNICIPAL ELECTION AND
DECLARING THE ELECTION RESULTS. Carried unanimously.
FAREWELL STATEMENTS FROM DEPARTING COUNCILMEMBERS (00.20)
Mayor Pirzynski announced that Mrs. Lubeck and Mr. Hutchins terms were over and
thanked them for their service to the Town. Mrs. Lubeck and Mr. Hutchins took a
moment to speak.
Mrs. Lubeck thanked the Town for the opportunity and the honor to have served on the
Council. She spoke of the business of the Town and the need for participants in these
business procedures to conduct themselves with civility and decorum. She felt that over
the years the differences and concerns of individuals within these proceedings have
been expressed on the most part with respect for one another and the system. She
noted recent inappropriate behavior taking place in the Council Chambers and the
demeanor of the party acting so. She suggested that its possible to be righteously
indignant without being rude, and to be able to frame issues and define opinions and still
remain civil to participants in the process. She thanked her friends and family for their
continued support as she served the Town these past eight years.
FAREWELL STATEMENTS CONTINUED
Jan Hutchins who had made his statement at an earlier reception this evening asked
that everyone remember that a little love goes a long way.
OATH OF OFFICE FOR TOWN CLERK/MARIAN COSGROVE (00.03)
Mayor Pirzynski announced that the Oath of Office would be taken by the elected Town
Clerk, Marian Cosgrove, administered by the Senior Deputy Clerk, MarLyn Rasmussen.
Mrs. Rasmussen presented the Certificate of Election to Mrs. Cosgrove.
OATH OF OFFICE FOR COUNCIL MEMBER/SANDY DECKER (00.03)
Mayor Pirzynski announced that the Oath of Office would be taken by elected Council
Member Sandy Decker, administered by the Town Clerk, Marian Cosgrove. Mrs.
Cosgrove presented the Certificate of Election to Mrs. Decker.
OATH OF OFFICE FOR COUNCIL MEMBER/STEVE GLICKMAN (00.03)
Mayor Pirzynski announced that the Oath of Office would be taken by elected Council
Member Steve Glickman, administered by the Town Clerk, Marian Cosgrove. Mrs.
Cosgrove presented the Certificate of Election to Mr. Glickman.
OATH OF OFFICE FOR TOWN TREASURER/LINDA LUBECK (00.03)
Mayor Pirzynski announced that the Oath of Office would be taken by elected Town
Treasurer Linda Lubeck, administered by the Town Clerk, Marian Cosgrove. Mrs.
Cosgrove presented the Certificate of Election to Mrs. Lubeck.
ROLL CALL/REORGANIZED COUNCIL
Present:Randy Attaway, Steven Blanton, Sandy Decker,
Steve Glickman and Mayor/Chairmen Joe Pirzynski.
Absent:None.
WELCOME TO NEW COUNCILMEMBERS
Mayor Pirzynski welcomed the incoming Councilmembers and looked forward to working
with them on the issues that will be confronting the Town. Both new members of
Council expressed their pleasure in working together for the good of the Town.
COUNCIL CALENDAR OF MEETINGS (01.28)
Informational report noting the agendized meetings for Council and other Town Boards
and Commissions for December 2000 and January 2001, was received and filed.
RATIFICATION OF PAYROLL/OCTOBER-NOVEMBER (02..V)
Motion by Mr. Blanton, seconded by Mrs. Decker, that Council ratify the check registers for the
payroll of October 29, 2000 through November 11, 2000 paid on November 17, 2000 in the
amount of $477,192.84. Carried unanimously.
ACCOUNTS PAYABLE/RATIFICATION/NOVEMBER 2000 (03.V)
Motion by Mr. Blanton, seconded by Mrs. Decker, that Council ratify the accompanying check
registers for accounts payable invoices paid on November 17, 2000 in the amount of $284,541.89.
Carried unanimously.
TAPES FOR THE BLIND/ACCEPTANCE OF $1,000 DONATION (06.32)
Motion by Mr. Blanton, seconded by Mrs. Decker, that Council accept donation of $1,000 from
Kamille M. Mason 1993 Trust for its designated purpose. Authorize Town Manager to sign
document and take such actions necessary to facilitate Council’s intent. Carried unanimously.
MOU/LOS GATOS POLICE OFFICERS ASSOCIATION/RESOLUTION 2000-140 (07A.29)
Motion by Mr. Blanton, seconded by Mrs. Decker, that Council adopt Resolution 2000-140
entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN
MANAGER TO EXECUTE THE MEMORANDUM OF UNDERSTANDING BETWEEN
THE TOWN OF LOS GATOS AND LOS GATOS POLICE OFFICERS ASSOCIATION.
Carried unanimously.
MANAGEMENT COMPENSATION/POLICE SERGEANTS/RESOLUTION 2000-141(07B.29)
Motion by Mr. Blanton, seconded by Mrs. Decker, that Council adopt Resolution 2000-141
entitled, RESOLUTION OF THE TOWN OF LOS GATOS AMENDING APPENDIX A & B
OF THE MANAGEMENT COMPENSATION PLAN FOR FISCAL YEAR 2000-2001 FOR
POLICE SERGEANTS. Carried unanimously.
PRE-TAX PAYROLL DEDUCTION SERVICE CREDITS/RESOLUTION 2000-142 (08.29)
Motion by Mr. Blanton, seconded by Mrs. Decker, that Council adopt Resolution 2000-142
entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN
MANAGER TO EXECUTE THE MEMORANDUM OF UNDERSTANDING BETWEEN
THE TOWN OF LOS GATOS AND LOS GATOS POLICE OFFICERS ASSOCIATION.
Carried unanimously.
ANNUAL STREET RESURFACING /PROJECT 9804/RESOLUTION 2000-143 (09A.24)
Motion by Mr. Blanton, seconded by Mrs. Decker, that Council adopt Resolution 2000-143
entitled, RESOLUTION OF THE TOWN OF LOS GATOS ACCEPTING WORK OF
PAVEX CONSTRUCTION COMPANY - PROJECT 9804 - ANNUAL STREET
RESURFACING PROGRAM AND AUTHORIZING THE MANAGER TO EXECUTE
CERTIFICATE OF ACCEPTANCE AND NOTICE OF COMPLETION FOR
RECORDING BY THE TOWN CLERK. Carried unanimously.
ANNUAL STREET RESURFACING /PROJECT 9804/PARKING LOTS 1 & 2 (09B.24)
Motion by Mr. Blanton, seconded by Mrs. Decker, that Council authorize expenditure of
$27,836 for additional work performed by Pavex Construction Company in connection with the
resurfacing of Parking Lots 1 & 2 to be funded from the General Fund Appropriated Reserve
(GFAR) Parking Designation. Carried unanimously.
TRAILS & BIKEWAYS APPOINTMENT/MARK JENSEN/RESOLUTION 2000-144 (10.12)
Motion by Mr. Blanton, seconded by Mrs. Decker, that Council adopt Resolution 2000-144
entitled, RESOLUTION OF THE TOWN OF LOS GATOS APPOINTING MARK
JENSEN TO THE SANTA CLARA VALLEY TRANSPORTATION AUTHORITY
COUNTYWIDE - BICYCLE ADVISORY COMMITTEE. Carried unanimously.
CONFLICT OF INTEREST CODE/ORDINANCE 2076 (11.01)
Motion by Mr. Blanton, seconded by Mrs. Decker, that Council adopt Ordinance 2076 entitled,
ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE TOWN CONFLICT
OF INTEREST CODE (DIVISION 6 OF ARTICLE III OF CHAPTER 4) TO UPDATE
DESIGNATED POSITIONS. Carried unanimously.
TOWN ZONING MAP/RE-ADOPTING/ORDINANCE 2077 (12.37)
Motion by Mr. Blanton, seconded by Mrs. Decker, that Council adopt Ordinance 2077 entitled,
ORDINANCE OF THE TOWN OF LOS GATOS RE-ADOPTING THE TOWN ZONING
MAP. Carried unanimously.
VERBAL COMMUNICATIONS (00.28)
Fantasy of Lights/Holiday Program:
Steve Lopes, 200 Creffield Heights, representing the Silicon Valley Parks Foundation, spoke of
the outstanding display at Vasona Park and encouraged everyone’s attendance.
General Comments on Government:
Speaker Davis, gave his views on local government.
HEARINGS
WOODED VIEW DRIVE 285/NEW RESIDENTIAL CONSTRUCTION/APPEAL (13.15)
Mayor Pirzynski announced that this was the time and place so noted for public hearing to
consider an appeal of the decision of the Planning Commission approving a request to construct a
new single family residence on property zoned HR-2 ½. Architecture and Site Application S-99-
13. Property Location: 285 Wooded View Drive. Property Owner/Applicant/Appellant: Vino
Malhotra.
The following people from the audience addressed this subject:
Jim Eller, 303 Almaden Blvd, #500, San Jose, explained that the owners now asked to withdraw
their appeal so that they could move forward with their approved proposal. They asked for the
removal of the deed restriction on their property.
Neema Malhotra, 285 Wooded View Drive, owner explained desire to move forward on the
project and accept the deed restriction.
Vino Malhotra, 285 Wooded View Drive, showed slides of the topography and spoke of the
neighborhood support for this proposal.
Robert Aviles, architect for the project, of Robert Aviles Design, 4833 Soquel Drive, Soquel,
spoke of the work involved with the project and the need to remove one tree.
Kirk Armstrong, 175 Wooded View Drive, spoke of the impact on the rare oak trees on the
property and asked for specific measures to be used for their protection.
HEARINGS CONTINUED
WOODED VIEW DRIVE 285/CONT.
Speakers continued:
David Breidenthal, 210 Wooded View Drive, supports the proposal and asked for Council’s
approval.
Bernadette Chadwick, 220 Wooded View Drive, spoke of the size and mass of home, and asked
that trees 38 and 39 be preserved for screening from her home.
Curt Chadwick, 220 Wooded View Drive, asked for screening and consideration of the proposed
roof line which he would prefer to peak rather than be truncated. Asked that home be moved ten
feet to the east which would save tree 38.
Marge Rice, 150 Wooded View Drive, asked that the oak trees on the property receive a great
deal of consideration.
Ray Davis, resident, spoke of the size of the house being inappropriate for the hillside.
Ronald Haas, 241 Plaza La Posada, spoke against the deed restriction, and noted that specific
regulations addressing everyone’s use would be more appropriate.
Rene Duenas, 15 Stacia Street, spoke of preliminary considerations of the hillside property when
the Town could have delineated the need to save certain trees before this type of problem
developed.
Sanjay Thukral, 417 N. Santa Cruz, asked that the proposal be approved and the deed restriction
be removed.
Nash Kunkle, 86 Alice Ave., supports the proposal and the removal of the deed restriction.
No one else from the audience spoke to this item.
Motion by Mr. Blanton, seconded by Mr. Attaway, to close the public hearing. Carried
unanimously.
Motion by Mr. Attaway, seconded by Mr. Pirzynski, to remove the deed restriction, but to also
continue this public hearing to a date certain, so Council will have an opportunity to see where
the story poles will be placed and which trees are designated for removal. (Maker of the motion
withdrew the portion of the motion regarding removal of the deed restriction.) Carried
unanimously.
Motion by Mr. Blanton, seconded by Mr. Glickman, to continue this item to January 2, 2001.
Carried unanimously.
HAZARDOUS VEGETATION/WEED ABATEMENT/RESOLUTION 2000-145/ HEARING
(14.33)
Mayor Pirzynski announced that this was the time and place so noted for public hearing to
consider adoption of resolution overruling objections and ordering abatement of hazardous
vegetation (weeds).
Town Council Minutes December 4, 2000
Redevelopment Agency Los Gatos, California
There was no one from the audience to address this issue.
Motion by Mr. Blanton, seconded by Mr. Attaway, to close the public hearing. Carried
unanimously.
Motion by Mr. Blanton, seconded by Mr. Glickman, that Council adopt Resolution 2000-145
entitled, RESOLUTION OF THE TOWN OF LOS GATOS OVERRULING OBJECTIONS
AND ORDERING ABATEMENT OF HAZARDOUS VEGETATION (WEEDS) AS A
PUBLIC NUISANCE. Carried unanimously.
HEARINGS CONTINUED
BLOSSOM HILL ROAD 615/PLACER OAKS DRIVE/GENERAL PLAN AMENDMENT (15.15)
Mayor Pirzynski announced that this was the time and place so noted for public hearing to
consider a request to approve a General Plan Amendment to change the land use designation from
Low Density Residential to Medium Family Residential, and a Planned Development to change
the zoning designation from R-1:8 and RM:5-12 to RM:5-12:PD to construct 49 apartment units.
No significant environmental impacts have been identified as a result of this project and a
Negative Declaration is recommended. Development Application DEV-99-001. Negative
Declaration ND-98-0013. Property Location: 615 Blossom Hill Road and Placer Oaks Drive.
Property Owners: Live Oak Apartments, Bill Errico and Wayne Leposavic. Applicant:
Cupertino Development Corporation.
The following people from the audience addressed this issue:
Roger Griffin, 405 Alberto Way, of Paragon Design Group, asked that this item be continued in
respect to those neighbors who did not have an opportunity to be present this evening because of
confusion in the neighborhood notices.
William Longsdale, 503 Blossom Hill Road, spoke of the configuration of driveways and the
traffic conditions on Blossom Hill Road. His ability to exit his driveway is difficult now and
would be very problematic with the construction of another adjacent driveway.
Mary Hoover, 509 Blossom Hill Rd, spoke of increased traffic, ability to exit their property
safely.
Ray Davis, resident, spoke of his displeasure concerning the processes used in relation to this
item.
David Wagner, 15788 Izorah Way, spoke of single family homes adjacent to apartments; of the
increase of traffic in his neighborhood; of safety issues concerning his children crossing the
streets; of the lack of adequate parking on site and the ability of residents to park in his
overcrowded neighborhood and access the project by foot down the fire lane. He spoke of the
impact to himself and his neighborhood.
No one else form the audience addressed this issue.
Motion by Mr. Blanton, seconded by Mr. Attaway, to continue the public hearing to February
20, 2001. Carried unanimously.
MARCHMONT DRIVE 300/HILLBROOK SCHOOL MASTER PLAN/APPEAL (16.15)
Mayor Pirzynski announced that this was the time and place so noted for public hearing to
consider appeal of the decision of the Planning Commission to approve a Conditional Use Permit
for a Master Plan of Hillbrook School and to approve an Architecture and Site application to
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Town Council Minutes December 4, 2000
Redevelopment Agency Los Gatos, California
demolish an existing classroom building and to construct a new classroom building adjacent to
the old building on property zoned HR-1. Project Application PRJ-99-062 (Conditional Use
Permit). Project Application PRJ-99-063 (Architecture and Site). Property Location: 300
Marchmont Drive. Property Owner/Applicant: Hillbrook School. Appellants: Martin D.
Dermer and Michael W. Taylor.
Ray Davis, spoke of records from 1965 that addressed the traffic on Marchmont.
Motion by Mr. Attaway, seconded by Mr. Blanton, to continue this item to December 18, 2000.
Carried unanimously.
MINUTES OF NOVEMBER 20, 2000 (04.V)
Speaker Davis asked that his comments appear in the action only minutes.
Motion by Mr. Attaway, seconded by Mr. Blanton, that Council approve the Joint Town Council/Redevelopment Agency Minutes of November 20, 2000, as appears in tonight’s desk item.
Carried unanimously.
FIRE PREVENTION POLICY/HILLSIDE DEVELOPMENT STANDARDS/REPORT (05.33)
Speaker Davis complained about Town’s Fire Prevention Policy.
Motion by Mr. Attaway, seconded by Mr. Blanton, that Council accept status-update on HillsideDevelopment/Fire Prevention Policy. Carried unanimously.
PERSONNEL REGULATIONS/TOWN CODE AMENDMENTS/ORDINANCE INTRO (17.29)
The Town Clerk read the Title of the Proposed Ordinance.
Motion by Mr. Blanton, seconded by Mr. Attaway, to waive the reading of the ProposedOrdinance. Carried unanimously.
Motion by Mr. Blanton, seconded by Mr. Attaway, that Council introduce the ProposedOrdinance entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE
LOS GATOS TOWN CODE, CHAPTER 2, ARTICLE III, DIVISION 6, PERSONNEL
REGULATIONS. Carried unanimously.
GEOTECHNICAL PROJECT CONSULTANT/REQUEST FOR QUALIFICATIONS (18.38)
Ray Davis asked that this service be implemented fully.
Motion by Mr. Attaway, seconded by Mrs. Decker, that Council direct staff to prepare a Requestfor Qualifications (RFQ) that will be sent to prospective geotechnical consultants. Carried
unanimously.
TOWN COUNCIL MEETING SCHEDULE FOR 2000-2001 (19.28)
Motion by Mr. Blanton, seconded by Mr. Attaway, that Council amend Town Council MeetingSchedule for 2000-2001 Fiscal Year, canceling January 2, 2001 Council Meeting and adding
January 8, 2000, regular Council Meeting. Carried unanimously.
SCHEDULE OF PUBLIC HEARINGS (20.28)
Motion by Mr. Blanton, seconded by Mr. Attaway, that Council accept the schedule of public
hearings with the following changes and additions:
January 8, 2001 Pollard Road 1492 & 1440; Nina Court 130; Suview Drive 15350; Wooded View Drive 285.
January 16, 2001 College Avenue 65; Kensington Way; University Avenue 75; Pollard Road 1300.
February 5, 2001 Francis Oaks Way 15451; Francis Oaks Way 15491; Greenridge Drive 16084.
February 20, 2001 Blossom Hill Road & Placer Oaks Drive. Carried unanimously.
COUNCIL COMMITTEE REPORTS (21.28)
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Town Council Minutes December 4, 2000
Redevelopment Agency Los Gatos, California
Mayor Pirzynski acknowledged the receipt of Council members’ requests for committee and
commission appointments. Decisions will be made on December 18, 2000.
ADJOURNMENT
Motion by Mr. Blanton, seconded by Mr. Attaway, to adjourn this evening's meeting at10:33p.m. Carried unanimously.
ATTEST:Marian V. Cosgrove, Town Clerk
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