M 11-20-00TOWN OF LOS GATOS
CALIFORNIA
TOWN COUNCIL/PARKING AUTHORITY
JOINT REDEVELOPMENT AGENCY
November 20, 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 7:31 p.m., Monday, November
20, 2000, in joint regular session.
ROLL CALL
Present:Randy Attaway, Steve 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(b) Concerning
Claims of Geico Direct and David Thompson. Direction was given. There was no
reportable action taken.
Pursuant to Government Code Section 54957, regarding Public Employee Performance
Evaluation (Town Attorney). Council completed the evaluation, no final action was
taken.
Pursuant to Government Code Section 54957.6, Council met to discuss Labor Relations.
Town Negotiator: Gary Rogers, Personnel Manager; Employee: Town Attorney.
Council completed this subject, and it will appear as Item #10 on the agenda tonight.
Pursuant to Government Code Section 54957.6, Council met to discuss Labor Retations.
Town Negotiator (Lead): Rick Bolanos, Leibert, Cassidy & Whitmore. Employee
Organizations: Police Officers' Association (POA). Council gave direction to Negotiator.
No reportable action was taken.
ARTS COMMISSION/APPOINTMENTS (000.20)
Mayor Blanton announced that no applications had been received for the two vacancies
on the Arts Commission. These vacancies will be re-advertised.
BOARD OF APPEALS/APPOINTMENT/MARK MILLEN (XX.20)
Mayor Blanton announced that one application had been received from Mark Millen for
the one vacancy on the Board of Appeals. Voting was held and Mr. Millen was appointed
to a term ending 1/1/02.
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COMMUNITY SERVICES COMMISSION/APPOINTMENT/ALISTAIR DAVIS (YYY.20)
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Town Council Minutes November 20, 2000
Redevelopment Agency Los Gatos, California
Mayor Blanton announced that one application had been received from Alastair Dallas
for the three vacancies on the Community Services Commission. Voting was held and
Mr. Dallas was appointed to a term ending 1/1/04.
COMMUNITY SERVICES COMMISSION/STUDENT MEMBER/WILL CALHOUN (YYY.20)
Mayor Blanton announced that two applications had been received from Will Calhoun
and Christopher Wencel for the two student member vacancies on the Community
Services Commission. Voting was held and Mr. Calhoun was appointed to a term
ending 9/30/01.
GENERAL PLAN COMMITTEE/APPOINTMENT/MARK WEINER (XXX.20)
Mayor Blanton announced that three applications had been received from Linda Lubeck,
Mark Millen and Mark Weiner for the one citizen’s vacancy on the General Plan
Committee. Voting was held and Mr. Weiner was appointed to a term ending 1/1/04.
HISTORIC PRESERVATION COMMITTEE/APPOINTMENT/KELLY BLOUGH (000.20)
Mayor Blanton announced that one application had been received from Kelly Blough for
the one vacancy on the Historic Preservation Committee. Voting was held and Ms
Blough was appointed to term ending 8/1/02.
NEWSRACK COMMITTEE/APPOINTMENT (YYX.20)
Mayor Blanton announced that no applications had been received for one vacancy on
the Newsrack Committee. This vacancy will be re-advertised.
PARKING COMMISSION/APPOINTMENT/KURT LEMONS (XYY.20)
Mayor Blanton announced that one application had been received from Kurt Lemons for
one vacancy on the Parking Commission. Voting was held and Mr. Lemons was
appointed to term ending 1/1 /05.
DEBRA J. FIGONE/TOWN MANAGER/INTRODUCTION (XX.V)
Mayor Blanton introduced the new Town Manager, Debra Figone. Ms Figone thanked Council
for the appointment and looks forward to working for the Town. Mr. Davis, resident, lent his
voice to the welcome of the Manager.
APPOINTMENT OF MAYOR/FY 2001/JOE PIRZYNSKI
Mayor Blanton announced that this was the time for Council to appoint the Mayor for the
year 2001. Mr. Blanton nominated Joe Pirzynski as the next Mayor, seconded by Mrs.
Lubeck, and carried unanimously. Mr. Pirzynski took his seat as the new Town Mayor.
APPOINTMENT OF VICE-MAYOR/FY 2001/RANDY ATTAWAY
Mayor Pirzynski noted that it was now time for Council to appoint the Vice-Mayor for the
year 2001. Mr. Pirzynski nominated Randy Attaway as the next vice-mayor, seconded
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by Mr. Hutchins, and carried unanimously.
RECEPTION FOR MAYOR AND VICE-MAYOR
Mayor Pirzynski announced that a reception would be held at this time to welcome the new
Mayor and Vice Mayor, along with the new Town Manager,and to thank the retiring Mayor. A
twenty minute recess was held for the Chamber of Commerce to host this reception.
SCHEDULE OF PUBLIC HEARINGS (01.28)
Informational report regarding currently scheduled public hearings was received and filed.
PLANNING COMMISSION/PLANNING DEPARTMENT MONTHLY STATUS REPORT (02.38)
Informational report regarding activity of Planning Commission and Department was received
and filed.
RATIFICATION OF PAYROLL/OCTOBER 2000 (03.V)
Motion by Mr. Blanton, seconded by Mr. Hutchins, that Council ratify the check registers for the
payroll of October 15, 2000 through October 28, 2000 paid on November 3, 2000 in the amount
of $422,066.18. Carried unanimously.
ACCOUNTS PAYABLE/RATIFICATION/NOVEMBER 2000 (04.V)
Motion by Mr. Blanton, seconded by Mr. Hutchins, that Council ratify the accompanying check
registers for accounts payable invoices paid on November 3, 2000, and November 10, 2000 in
the amount of $593,370.27. Carried unanimously.
AMICUS BRIEF/PEOPLE VS. BAU A MOOC (06.28)
Motion by Mr. Blanton, seconded by Mr. Hutchins, that Council authorize the Town
Attorney to include the Town of Los Gatos as an amicus curiae in the case of People vs.
Bau A Mooc, California Supreme Court, Action S090666, at no cost to the Town.
Carried unanimously.
AMICUS BRIEF/YOUNG VS. CITY OF SIMI VALLEY (07.28)
Motion by Mr. Blanton, seconded by Mr. Hutchins, that Council authorize the Town
Attorney to include the Town of Los Gatos as an amicus curiae in the case of Young vs.
City of Simi Valley, California Supreme Court, at no cost to the Town. Carried
unanimously.
BRIDGE OVER HIGHWAY 85/GRAFFITI REMOVAL/UNION PACIFIC RAILROAD (08.36)
Motion by Mr. Blanton, seconded by Mr. Hutchins, that Council receive and file informational
report on painting over the graffiti on the Union Pacific Railroad bridge over Highway 85.
Carried unanimously.
DONATED VEHICLE ACCEPTANCE/DARE PROGRAM/PONTIAC TRANS AM (09.36)
Motion by Mr. Blanton, seconded by Mr. Hutchins, that Council accept donation from the Los
Gatos Police Foundation for a 1993 Pontiac Trans Am for use as a School Resource Officer
(SRO)/Drug Awareness Resistance Education (DARE) vehicle. Carried unanimously.
TREE PRUNING AND REMOVAL/PRJ-01-04/RESOLUTION 2000-135 (11.24)
Motion by Mr. Blanton, seconded by Mr. Hutchins, that Council adopt Resolution 2000-135
entitled, RESOLUTION OF THE TOWN OF LOS GATOS APPROVING
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SPECIFICATIONS FOR PROJECT 104 - TREE PRUNING AND REMOVAL AND
AUTHORIZING THE TOWN CLERK TO ADVERTISE FOR BIDS. Carried unanimously.
BELMONT 215/RESIDENTIAL/S-00-53/RESOLUTION 2000-136 (12.15)
Motion by Mr. Blanton, seconded by Mr. Hutchins, that Council adopt Resolution 2000-136
entitled, RESOLUTION OF THE TOWN OF LOS GATOS GRANTING APPEAL OF A
PLANNING COMMISSION DECISION TO APPROVE UNLAWFUL DEMOLITION
AND THE RECONSTRUCTION OF A SINGLE FAMILY RESIDENCE WITH A
SECOND STORY WHICH PROJECT INTO THE REQUIRED SETBACKS AND THE
ADDITION TO A DETACHED GARAGE WHICH EXCEEDS 450 SQUARE FEET IN
AREA ON A NONCONFORMING PROPERTY ZONED R-1:8. Carried unanimously.
MOBILE HOME RENTAL/TENANT LANDLORD DISPUTES/ORDINANCE 2075 (15.39)
Motion by Mr. Blanton, seconded by Mr. Hutchins, that Council adopt Ordinance 2075 entitled,
ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE LOS GATOS TOWN
CODE CHAPTER14, ARTICLE VIII V, MOBILE HOME RENTAL AND OTHER
TENANT/LANLORD DISPUTES. Carried unanimously.
VERBAL COMMUNICATIONS
Downtown Beautification:
Shirley Henderson, 98 W. Main St., representing the Beautification Committee of the Chamber
of Commerce, spoke of the El Monte Hill project of irrigation, weeding, and planting, to make the
east end of Main St. a more attractive entrance to the downtown.
Holiday Parking Program:
Dianne McNutt, 27 Jackson Street, representing the Chamber of Commerce, reported on the
success of the program providing convenient parking options to those driving to town.
Employees are finding parking as well as visitors and residents. She took the time to thank the
Mayor and the Town for the support and cooperation on enabling this program.
General Comments on Town Government:
Ray Davis, resident, submitted a resolution from the City of Orinda regarding their city policies,
and asked our Council to adopt similar ones addressing appeals.
HEARINGS
WOODED VIEW DRIVE 285/NEW RESIDENTIAL CONSTRUCTION/APPEAL (16.15)
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.
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Director of Community Development, Paul Curtis, announced that the noticing on this
item had been faulty, and staff was recommending a continuance to December 4, 2000.
The following people from the audience addressed this issue:
Mr. Davis, spoke to this issue and upholding the ideals of the Hillside Specific Plan.
Bernadette Chadwick, 220 Wooded View Drive, invited Council to view the
neighborhood and the homes nestled into the hillside lots. She asked that the
architecture, size and location of the home be carefully reconsidered.
No one else spoke to this subject.
Motion by Mrs. Lubeck, seconded by Mr. Hutchins, to continue this item to December
4, 2000. Carried unanimously.
HEARINGS CONTINUED
TOWN ZONING ORDINANCE AMENDMENT A-00-02/ZONING MAP HEARING (17.37)
Mayor Pirzynski announced that this was the time and place so noted for public hearing
to consider amending the Town Zoning Ordinance to re-adopt the existing zoning map of the
Town, Zoning Code. Amendment A-00-02. Applicant: Town of Los Gatos.
No one from the audience addressed this issue.
Motion by Mr. Blanton, seconded by Mr. Attaway, to close the hearing. Carried unanimously.
The Town Clerk read the Title of the Proposed Ordinance.
Motion by Mr. Blanton, seconded by Mr. Hutchins, to waive the reading of the Proposed
Ordinance. Carried unanimously.
Motion by Mr. Blanton, seconded by Mr. Hutchins, that Council introduce the Proposed
Ordinance entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE
TOWN CODE EFFECTING ZONE CHANGE AND RE-ADOPTING THE TOWN
ZONING MAP. Carried unanimously.
KENSINGTON WAY/WIRELESS COMMUNICATION FACILITY/APPEAL (18.15)
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 install a
wireless communication facility mounted on an existing PG&E tower in conjunction with a
recently approved Sprint installation, on property zoned R-1:8. Conditional Use Permit U-00-17.
Property Location: Kensington Way. Property Owner: PG&E. Applicant: General Dynamics
for Verizon. Appellant: Mary Jane Whiteford.
Director of Community Development, Paul Curtis, announced that the noticing on this
item had been faulty, and staff was recommending a continuance to January 16, 2001.
Motion by Mr. Blanton, seconded by Mr. Hutchins, to continue this item to January
16, 2001. Carried unanimously.
MINUTES OF NOVEMBER 6, 2000 (05.V)
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Mr. Davis, resident, asked for extended minutes. Council reconfirmed from prior testimony that
its minutes are action only.
Motion by Mr. Attaway, seconded by Mrs. Lubeck, that Council approve the Joint Town
Council/Redevelopment Agency Minutes of November 6, 2000, as submitted. Carried
unanimously.
TOWN ATTORNEY AGREEMENT WITH THE TOWN/RESOLUTION 2000-137 (10.29)
Mr. Davis, resident, noted that there was no termination clause in the agreement, and
asked why. Council noted that this was an amendment, and the agreement has all the
appropriate language.
Motion by Mrs. Lubeck, seconded by Mr. Attaaway, that Council adopt Resolution
2000-137 entitled, RESOLUTION OF THE TOWN OF LOS GATOS RESCINDING
RESOLUTION 2000-134 REGARDING AGREEMENT WITH THE TOWN ATTORNEY,
AND AMENDING AGREEMENT BETWEEN THE TOWN OF LOS GATOS AND
TOWN ATTORNEY AND AUTHORIZING THE MAYOR TO SIGN AMENDMENT ON
BEHALF OF THE TOWN OF LOS GATOS. Carried unanimously.
EDELEN AVENUE 209/RESIDENTIAL REMODEL/RESOLUTION 2000-138 (13.15)
Mr. Peebles, 209 Edelen Ave., asked for reconsideration of his proposal since he had
missed one of the planning meetings.
Council comments were that they believed their decisions from the prior meeting were
appropriate, and that Mr. Peebles should have asked for a continuance at the planning
level if he was to be absent.
Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council adopt Resolution 2000-
138 entitled, RESOLUTION OF THE TOWN OF LOS GATOS DENYING APPEAL OF A
PLANNING COMMISSION DECISION DENYING A REQUEST TO DEMOLISH AN
EXISTING SINGLE FAMILY RESIDENCE AND TO CONSTRUCT A NEW RESIDENCE
WHICH EXCEEDS THE FAR AND TO REDUCE THE NUMBER OF REQUIRED
PARKING SPACES FOR PROPERTY LOCATED IN THE R-1D:LHP ZONE. Carried
unanimously.
ROBERTS ROAD 17017/RESIDENTIAL SUBDIVISION/RESOLUTION 2000-139 (14.15)
Mr. Davis, resident, questioned the wording in the report and title of the resolution.
Town Attorney explained the reasons behind the wording and actions that Council may
take.
Motion by Mr. Attaway, seconded by Mrs. Lubeck, that Council adopt Resolution 2000-
139 entitled, RESOLUTION OF THE TOWN OF LOS GATOS GRANTING AND
REMANDING AN APPEAL OF A PLANNING COMMISSION DECISION DENYING A
REQUEST TO SUBDIVIDE A PARCEL INTO FOUR LOTS AND TO DEMOLISH A
SINGLE FAMILY RESIDENCE AND CONSTRUCT FOUR RESIDENTIAL TOWN
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HOMES ON PROPERTY ZONED RM:5-12. Carried unanimously.
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GRAND JURY REPORT/CONDITIONAL USE PERMIT ENFORCEMENT PROCESS (19.38)
Town Attorney, Orry Korb, explained the history of this report, its outcome, and methods
of addressing specified issues.
Ray Davis, resident, spoke to the need to enforce town use permits.
Motion by Mr. Attaway, seconded by Mrs. Lubeck, to approve the Town’s response
to the Santa Clara County Grand Jury Request for Information on Conditional Use
Permit Process. Carried unanimously.
CONFLICT OF INTEREST CODE/DESIGNATING POSITIONS/ORDINANCE AMEND (20.01)
Ray Davis, resident, spoke to this issue, and asked that consultants to the Town, hired on a
regular basis, be included by name in the conflict of interest code.
Motion by Mrs. Lubeck, seconded by Mr. Blanton, to waive the reading of the Proposed
Ordinance. Carried unanimously.
The Town Clerk read the Title of the Proposed Ordinance.
CONFLICT OF INTEREST CODE CONTINUED
Motion by Mrs. Lubeck, seconded by Mr. Attaway, that Council introduce the Proposed
Ordinance 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, as they appear in the desk item. Carried
unanimously.
CHILDREN’S HOSPITAL/NORTH 40 SPECIFIC PLAN (21.36)
Dr. Fox, 211 Glen Ridge Ave., thanked Council for its concern and encouragement.
The task force will be disbanded but the participants will continue helping on other
phases of the proposal. The first phase will be for a children’s urgent care facility.
Community Development Director, Paul Curtis, noted that the current zoning on the
North 40 site does provide for medical facilities. The General Plan and zoning for the
North 40 also indicates that any large scale development would have to go through a
planned development and would be subject to review by the Planning Commission and
Town Council. The draft North 40 Specific Plan had been considered by the Planning
Commission and by the Town Council. Council did not adopt it and it is now a high
priority for completion this year. Until the Specific Plan is adopted, any plans for
development will be considered one at a time, and the Los Gatos Boulevard Plan
standards can be used to evaluate them.
Council consensus to accept and file informational report on the children’s hospital.
TOLL HOUSE HOTEL/RENOVATION/140 S. SANTA CRUZ AVE. (22.15)
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Mayor Pirzynski noted that this was the time and place so noted to consider report about required
improvements for the Toll House Hotel renovation.
Staff explained the modifications to the S. Santa Cruz Avenue beautification plans which the Toll
House is responsible for. The changes are insignificant and meet the intent of the original
approval by Council. There are 3 changes. The first is in the planter island in front of the hotel.
It is smaller in size because of drainage concerns and to compromise for reduction in size some
additional street furniture will be added to keep a plaza like conformity. The second change
removes the cross walk between Wood and Broadway. Traffic conditions do not permit that to be
a safe cross walk. The third change narrows the corner of Broadway with planter islands to
reduce the distance of the crosswalk on this wide street. There will also be additional
modification on the Broadway-Montebello corner. These improvements should happen
simultaneously to ensure compatibility and consistency of plans. The applicant is willing to
contribute the equivalent costs of those improvements to the Town and Agency, so that the
improvements can be done during the Town Plaza renovation project. The applicant is requesting
temporary acceptance and occupancy permits due to the completion of the hotel’s renovation.
They will be granted a final certificate of completion when all the street improvements are
complete by June 30, 2001.
Motion by Mr. Attaway, seconded by Mr. Hutchins, that having considered the report, Agency
authorized the recommended action listed in the staff report on tonight’s agenda. Carried
unanimously.
COUNCIL COMMITTEE REPORTS
Mrs. Lubeck shared that she had written to the Mayor of Orinda and had received a letter in
response, speaking of a Los Gatos citizen who regularly attends the Orinda meetings and
comments on how lovely the community of Los Gatos is and how well the Town is doing.
Mr. Attaway spoke of the West Valley Sanitation District reorganization meeting he had attended
and noted the dramatic changes and improvements that will be made. He feels that the level of
expectations for the WVSD has been raised this year.
Mayor Pirzynski asked that Council submit its requests for Council Committee assignments and
make suggestions for the incoming Council members also.
ADJOURNMENT
Motion by Mr. Blanton, seconded by Mr. Attaway, to adjourn this evening's meeting at 9:53p.m.
Carried unanimously.
ATTEST:
Marian V. Cosgrove
Town Clerk
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