M 11-06-00TOWN OF LOS GATOS
CALIFORNIA
TOWN COUNCIL/PARKING AUTHORITY
JOINT REDEVELOPMENT AGENCY
November 6, 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 7:33 p.m.,
Monday, November 6, 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 prior to this
evening's meeting pursuant to Government Code Section 54957, regarding Public
Employee Performance Evaluation (Town Attorney). Council completed the evaluation.
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 #18 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.
LIBRARY DIRECTOR/INTRODUCTION/PEGGY CONAWAY (000.20)
Mayor Blanton introduced the new Library Director, Peggy Conway who was present to
officially greet the audience and Town Council.
PRESENTATION/QUARZ/POLICE DOG/OFFICER SAM WONNELL (XX.20)
Mayor Blanton presented First Place Award from the Witmer Tyson Imports - 17th Annual
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Police Dog Trial - 1st Place Search. Police Officer Wonnell and Canine Quarz were
present to receive their award.
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Town Council Minutes November 6, 2000
Redevelopment Agency Los Gatos, California
SCHEDULE OF PUBLIC HEARINGS (01.28)
Informational report regarding currently scheduled public hearings was received and filed.
COUNCIL CALENDAR OF MEETINGS (02.28)
Informational report noting the agendized meetings for Council and other Town Boards
and Commissions for November and December, 2000, was received and filed.
RATIFICATION OF PAYROLL/OCTOBER 2000 (03.V)
Motion by Mrs. Lubeck, seconded by Mr. Hutchins, that Council ratify the check
registers for the payroll of October 1 through October 14, 2000 paid on October 20, 2000,
in the amount of $418,181.46. Carried unanimously.
ACCOUNTS PAYABLE/RATIFICATION/OCTOBER 2000 (04.V)
Motion by Mrs. Lubeck, seconded by Mr. Hutchins, that Council ratify the accompanying
check registers for accounts payable invoices paid on October 13, October 20, and
October 27, 2000, in the amount of $1,028,856.40. Carried unanimously.
MINUTES OF JUNE 30, 2000 (05A.V)
Motion by Mrs. Lubeck, seconded by Mr. Hutchins, that Council approve the Minutes of
June 30, 2000 Joint Redevelopment/Town Council Meeting, Special Called Meeting as
submitted. Carried unanimously.
MINUTES OF SEPTEMBER 30, 2000 (05B.V)
Motion by Mrs. Lubeck, seconded by Mr. Hutchins, that Council approve the Minutes of
September 30, 2000 Joint Redevelopment/Town Council Meeting, Special Called Meeting
as submitted. Carried unanimously.
TREASURER'S REPORT (06.02)
Motion by Mrs. Lubeck, seconded by Mr. Hutchins, that Council accept the Treasurer's
report for the month ended September 30, 2000. Carried unanimously.
CODE COMPLIANCE QUARTERLY REPORT (07.38)
Motion by Mrs. Lubeck, seconded by Mr. Hutchins, that Council accept and file the
Code Compliance Quarterly Report for July through September 2000. Carried
unanimously.
HILLSIDE DEVELOPMENT STANDARDS UPDATE/RFP FOR PROPOSAL (08.37)
Motion by Mrs. Lubeck, seconded by Mr. Hutchins, that Council accept draft Request
for Proposal (RFP) for Hillside Development Standards update. Carried unanimously.
CHILDREN’S HOSPITAL/TASK FORCE (10.12)
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Council Consensus to grant Dr. Fox’s request to re-agendize this item to November 20,
2000 in order to discuss the continuation of the Children’s Hospital Task Force. Mayor
Blanton asked that this subject appear under Other Business on that agenda.
STUDENT PARKS COMMISSIONER/APPOINTMENTS (11.12)
Motion by Mrs. Lubeck, seconded by Mr. Hutchins, that Council affirm Student Parks
Commissioner Appointments for Michael Tuffley and Lisa Hwang. Carried unanimously.
AMICUS BRIEF/CORNETTE VS. DEPARTMENT OF TRANSPORTATION (13.28)
Motion by Mrs Lubeck, 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 Cornette vs.
Department of Transportation, California Supreme Court, Action S089010. Carried
unanimously.
DOWNTOWN HOLIDAY PARKING PILOT PROGRAM/STATUS REPORT (14.34)
Motion by Mrs. Lubeck, seconded by Mr. Hutchins, that Council accept status report on
Downtown Holiday Parking program. Carried unanimously.
ADMINISTRATIVE ANALYST/CONFIDENTIAL EMPLOYEE/RESOLUTION 2000-128 (15.29)
Motion by Mrs. Lubeck, seconded by Mr. Hutchins, that Council adopt Resolution 2000-
128 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AMENDING THE
POSITION AND CLASSIFICATION PLAN, ADDING ADMINISTRATIVE ANALYST AS
A CONFIDENTIAL EMPLOYEE CLASSIFICATION AND DELETING IT AS A TEA
CLASSIFICATION. Carried unanimously.
HAZARDOUS VEGETATION ABATEMENT (WEEEDS)/RESOLUTION 2000-129 (16.33)
Motion by Mrs. Lubeck, seconded by Mr. Hutchins, that Council adopt Resolution 2000-
129 entitled, RESOLUTION OF THE TOWN OF LOS GATOS DECLARING HAZARDOUS
VEGETATION (WEEDS) A PUBLIC NUISANCE AND PROVIDING FOR THEIR
ABATEMENT. Carried unanimously.
FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA)/TECHNICAL COMMUNITY
PROJECT/SANTA CLARA VALLEY WATER DISTRICT/RESOLUTION 2000-130 (17.40)
Motion by Mrs. Lubeck, seconded by Mr. Hutchins, that Council adopt Resolution 2000-
130 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE
TOWN MANAGER TO EXECUTE MEMORANDUM OF AGREEMENT WITH FEMA TO
PARTICIPATE IN COOPERATING TECHNICAL COMMUNITY PROJECT. Carried
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unanimously.
BELOW MARKET PRICE HOUSING/PROGRAM GUIDELINES/RESOLUTION 2000-131
(19.39)
Motion by Mrs. Lubeck, seconded by Mr. Hutchins, that Council adopt Resolution 2000-
131 entitled, RESOLUTION OF THE TOWN OF LOS GATOS ADOPTING REVISED
BELOW MARKET PRICE HOUSING PROGRAM GUIDELINES. Carried unanimously.
FRANCIS OAKS WAY 15500/SINGLE FAMILY CONSTRUCTION/RESOLUTION 2000-132
(20.15)
Motion by Mrs. Lubeck, seconded by Mr. Hutchins, that Council adopt Resolution 2000-
132 entitled, RESOLUTION OF THE TOWN OF LOS GATOS GRANTING AN APPEAL
OF A DECISION FROM THE PLANNING COMMISSION DENYING AN
ARCHITECTURE AND SITE APPLICATION TO CONSTRUCT A NEW SINGLE FAMILY
RESIDENCE ON PROPERTY ZONED HR-2 1/2. Carried unanimously.
WILLFUL INTERRUPTIONS OF MEETINGS/RULES FOR CONDUCT/ORDINANCE 2074
(21.12)
Motion by Mrs. Lubeck, seconded by Mr. Hutchins, that Council adopt Ordinance 2074
entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING IN ITS ENTIRETY
SECTION 2.20.020 TO ADDRESS WILLFUL INTERRUPTIONS OF MEETINGS AND
RULES FOR CONDUCT. Carried unanimously.
CAPITAL IMPROVEMENT PROGRAM/QUARTERLY REPORT (22.09)
Motion by Mrs Lubeck, seconded by Mr. Hutchins, that Council accept and file
informational report on the quarterly status of the Capital Improvement Program. Carried
unanimously.
VERBAL COMMUNICATIONS
General Town Review:
Ray Davis, resident, gave a general review of the Town Council and spoke
concerning Item 21.
SAFE ROUTES TO SCHOOL GRANT/RESOLUTION 2000-133 (23.41)
The following people made a presentation regarding Safe Routes to School:
Barbara Nesbit, spoke in support of traffic control for Daves Ave.safety.
Ray Davis, resident spoke about ladder striping for the painted crosswalk.
Erin Garner, 15936 Barry Lane, Monte Sereno, spoke in support of Safe routes to School
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Grant.
Doug and Sherri McNeil, 17413 Pleasant View Ave, showed graphs and traffic patterns
at the Daves, Farley, Winchester intersection.
Marc Jensen, 120 Oak Rim Way, #1, supported the grant application for Safe Routes to
School.
Philip Levine, 15813 Poppy Lane, spoke in support of traffic safety at Daves and
Winchester.
No one else from the audience addressed this issue.
Motion by Mr. Pirzynski, seconded by Mr. Hutchins, that Council adopt Resolution
2000-133 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE
TOWN MANAGER TO SUBMIT THE ATTACHED APPLICATION FOR A SAFE ROUTES
TO SCHOOL GRANT TO DEVELOP AND IMPLEMENT A TRAFFIC CALMING/SPEED
REDUCTION PLAN FOR WINCHESTER BOULEVARD IN THE VICINITY OF DAVES
AVENUE. Carried unanimously.
PUBLIC HEARINGS
MURAL PROJECT/LOS GATOS MAIN STREET BRIDGE (24.28)
Mayor Blanton announced that this was the time and place so noted for public hearing to
consider approving the Arts Commission recommendation to proceed with the Los Gatos
Main Street Bridge mural project.
The following person spoke on the issue:
Mary Tomasi-DuBois, Chairman of the Arts Commission, presented a rendering of the
proposed project. The project will be worked on by the artist and school children and will
be a depiction of the area before recent settlement. It will be located by Forbes Mill and
add to the charm of the museum.
PUBLIC HEARINGS CONT.
MURAL PROJECT/LOS GATOS MAIN STREET BRIDGE/CONT.
Motion by Mr. Pirzynski, seconded by Mr. Attaway, to close the public hearing. Carried
unanimously.
Motion by Mr. Attaway, seconded by Mr. Hutchins, to approve the Arts Commission
recommendation to proceed with the Los Gatos Main Street Bridge mural project by artist
Carol Ann Huboi-Werry. Carried unanimously.
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BELMONT 215/RESIDENTIAL/S-00-53/APPEAL (25.15)
Mayor Blanton announced that this was the time and place so noted for public hearing to consider
an appeal of the decision of the Planning Commission to approve an unlawful demolition and the
reconstruction of a single family residence with a second story which projects 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. Architecture and Site Application S-00-53. Property
Location: 215 Belmont. Property Owner\Appellant: Don and Dana Langley. Applicant: E. Gary
Schloh.
Mr. Attaway will be abstaining due to a possible appearance of a conflict of interest on this matter.
The following people spoke to this issue:
Don Langley, 215 Belmont, agreed to the requirements of the fireplace location, the privacy wall
around the light well and all other conditions.
Eric Raff, 211 Belmont Ave., asked that the project be returned to what Historic Preservation
approved; and that the balcony be reduced in size to provide more privacy.
Russ Anderson, 210 University Ave., architect for the project, spoke of the approved plans that
were circulated in the neighborhood for suggestions and approval.
Leslie Dill, 110 N. Santa Cruz Ave., spoke of the Historic Preservation needs of the neighborhood
and the design approvals which spoke to those needs.
Ray Davis, resident, opposed the project and the process of accepting the plans.
Phil Miccichi, 220 Alexander Ave, asked that it be approved so the house can be finished.
No one else spoke to the issue.
Motion by Mr. Pirzynski, seconded by Mrs. Lubeck, to close the public hearing. Carried
by a vote of 4 ayes. Mr. Attaway abstained.
Motion by Mrs. Lubeck, seconded by Mr. Hutchins, to grant the appeal with the fireplace
remaining where it is; all other conditions to remain the same; the light well to have a
privacy wall or landscape screening; and the balcony to be centered between the doors, 4
½ feet deep and ½ the width of the building. (Consensus that the Town has a need for
the preservation of its historic housing stock, and will continue to reinforce its rules on
historic demolitions.) Carried by a vote of 4 ayes. Mr. Attaway abstained.
HEARINGS CONTINUED
EDELEN AVENUE 209/RESIDENTIAL REMODEL/APPEAL (26.15)
Mayor Blanton announced that this was the time and place so noted for public hearing to consider
an 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.
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Architecture and Site Application S-99-15 Variance Application V-00-4. Property Location:
209 Edelen Avenue. Property Owner/Applicant/Appellant: Robert and Patricia Peebles.
The following people from the audience addressed this issue:
Robert Peebles, 209 Edelen Ave., explained the history of the project and requested
Council’s approval. He submitted a petion from the neighbors in favor of the proposal.
John Krop, 246 Edelen Ave., spoke against oversized homes in this district.
Jacqui Wilson, 239 Edelen Ave., asked that Council uphold its height limits.
No one else addressed this item.
Motion by Mr. Attaway, seconded by Mr. Pirzynski, to close the public hearing. Carried
unanimously.
Motion by Mr. Attaway, seconded by Mr. Pirzynski, to uphold the Planning
Commission’s decision and deny the Architecture & Site & Variance applications, having
found no error. Carried unanimously.
Consensus to bring back report on the definition of a “cellar”, the idea being to encourage
people to go down vs. building up.
ROBERTS ROAD 17017/RESIDENTIAL SUBDIVISION/APPEAL (27.15)
Mayor Blanton announced that this was the time and place so noted for public hearing to consider
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
townhomes on property zoned RM:5-12. Subdivision Application M-00-3. Conditional
Use Permit U-00-14. Architecture and Site Applications S-00-28 through S-00-31.
Property Location: 17017 Roberts Road. Property Owner/Applicant/Appellant: Mr. and
Mrs. Khalid A. Mawla.
The following people from the audience addressed this issue:
Khalid Mawla, 17017 Roberts Road, explained the process in his development plans,
having been asked to provide apartments, then townhouses, then three homes. He asked
that Council consider the current proposal as adequate for the site and compatible to the
townhouses across the street and further up Roberts Road. He spoke of landscaping and
the 36 mature oak and pine trees that the 4 units will be nestled in.
Erin-Leigh Henderson, 16925 Roberts Road, spoke in support of the project, and
opposed any kind of apartment building adjacent to her property. She submitted a letter
from a neighbor in support.
Dana Henderson, 16925 Roberts Road, spoke in support of the proposal. He
complained of the lack of noticing to the residents of Roberts Road concerning this project.
He asked for a completion of the projects on Roberts Road so as to have safe sidewalks
for residents and school children to walk on. He spoke of the car dealerships using this
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road for test drives and the traffic generated by the auto repair shop, and favors a means
to get the sidewalks completed.
HEARINGS CONTINUED
ROBERTS ROAD 17017/RESIDENTIAL SUBDIVISION CONT.
Speakers continued:
Michael Clingerman, 16926 Roberts Road, spoke in support of the proposal and the
unifying nature of the project with the other existing development on the street.
Ray Davis, resident, opposed the proposal and asked for reduction.
Ted Mawla, 17017 Roberts Road., noted that the sudden denial by Planning Commission
may have been due to the time that was running out on the streamlining act, and their
belief that they would not have time to add their thoughts and concerns to improving the
project. He believes that there are procedures to extend that process. He asked that they
be allowed to continue to work on the project, especially in light of the neighborhood
support.
Natra Mawla, 17017 Roberts Road, spoke of the neighbors’ approval of the project and
presented a petition of approval from the residents
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No one else from the audience addressed the subject.
Council comments:
The issues perceived were hardscape, intensity, appearance from the street and layout on
the lot. Apartments or four townhouses with common walls, of a more compact size with
more common open space area for the development were commented on.
Motion by Mr. Attaway, seconded by Mr. Pirzynski, to close the public hearing. Carried
unanimously.
Motion by Mr. Attaway, seconded by Mr. Pirzynski, to uphold the Planning Commission
decision . The maker and second rescinded their motion.
Staff noted that complete notification for this project had been sent to property owners,
occupants on Roberts Road and absentee landlords. There was also signage placed on
the property with an invitation to call the Planning Department if people had questions.
Motion by Mr. Attaway, seconded by Mr. Pirzynski, to grant the appeal and remand to
the Planning Commission with the following reasons for doing so: a policy concern
regarding the timing for processing a Map Act application and the appeal process provides
Council the opportunity to allow the Commission the additional time necessary to process
the application. There was no mistake on the part of the Commission regarding their
concerns and all the issues still remain on the table including the hardscape; the use
intensification; design elements that need to be readdressed; significance of this corner;
the traffic impacts; community benefits to be addressed; and a review of a narrower
footprint. Carried unanimously.
MINUTES OF OCTOBER 16, 2000 (05C.V)
Ray Davis, resident, requested additional input on speaker’s comments.
Council reconfirmed that its minutes are action only.
Motion by Mr. Attaway, seconded by Mr. Pirzynski, that Council approve the Minutes of
October 16, 2000 Joint Redevelopment/Town Council Meeting as submitted. Carried
unanimously.
CERTIFICATES OF COMPLIANCE/ISSUING PROCEDURE (09.38)
Terry Szewczyk, TS/Civil Engineer, 90 N. 1 st Street, San Jose, spoke of compliance and
lot line adjustments, and a current proposal at 16639 Shannon Rd. he is working on. He
asked that Council slow down this procedure so as to get additional input on the subject
from people who use this procedure. He asked what the procedure was, and what his
rights were concerning this subject. He asked what appeal rights he would be allowed,
and what would cause his application to sit on someone’s desk for nine months. (The
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issue of peer review and geo-technical study was raised by staff.)
Council consensus having considered the report Council requested that staff move along
on this issue and the issues connected with it as quickly as possible. Council requests
more specific information and analysis of the situation and proposals for addressing this
issue and its associated concerns. Staff was asked not to delay but to clarify the issues for
Council’s consideration and decision.
FIRST QUARTER BUDGET REPORT FY2000-01 (12.09)
Council comments:
That Town take an aggressive stance to provide services that the Town has needed for
many years. That time frames be plotted through conclusion, scheduling and prioritizing
success of the projects. That Council schedule a study session to review and discuss
these projects with the aim of assuring success and completion of the projects. That
Town expediently request bids for the street repair proposal for this year; allowing work to
begin in the spring of 2001; preparing for sufficient notification to the community as the
work proceeds; building a successful work flow and logical progression of this year’s
project; allowing for sufficient traffic circulation during the construction activity.
Motion by Mrs. Lubeck, seconded by Mr. Hutchins, that Council accept the 2000-01 first
quarter budget report, and authorize budget adjustments in the general fund as stipulated
in this report. Carried unanimously.
TOWN ATTORNEY AGREEMENT WITH THE TOWN/RESOLUTION 2000-134 (18.29)
Motion by Mrs. Lubeck, seconded by Mr. Hutchins, that Council adopt Resolution
2000-134 entitled, RESOLUTION OF THE TOWN OF LOS GATOS 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, as the revised amendment appeared before Council this evening in Desk
Item 18. Carried unanimously.
PLANNING COMMISSION PROCEDURES TO EXPEDITE MEETING PROCESS (28.12)
Informational item for Council to consider the Planning Commission procedures to
expedite the meeting process.
Ray Davis, resident, noted that applicants could return through the planning process with
the same application if the Council denied without prejudice.
TOLL HOUSE HOTEL RENOVATION/PUBLIC IMPROVEMENTS (29.15)
This item has been pulled from this agenda and will be considered at the November 20,
2000 Council meeting.
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TOWN CLERK/AGREEMENT OF COMPENSATION WITH THE TOWN (30.29)
This item has been pulled from this agenda and will be considered at the November 20,
2000 Council meeting.
MOBILE HOME RENTAL/TENANT LANDLORD DISPUTES/ORDINANCE INTRO (31.39)
The following person spoke on this issue:
Gerry Mirassou, 14685 Oka Road, co-owner of Bonnie View Mobile Home Park, spoke
of the work done by the Rental Advisory Committee this last year. He spoke of
compromise and amendments, including those of the owners of the parks, the owners of
the mobile homes and the tenant residents.
The Town Clerk read the Title of the Proposed Ordinance.
Motion by Mr. Attaway, seconded by Mr. Pirzynski, to waive the reading of the
Proposed Ordinance. Carried unanimously.
Motion by Mr. Attaway, seconded by Mr. Pirzynski, that Council introduce the Proposed
Ordinance entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE LOS
GATOS TOWN CODE, CHAPTER 14, ARTICLE VIII.V., MOBILE HOME RENTAL AND
OTHER TENANT/LANDLORD DISPUTES (SECTION 14.85.025). Carried by a vote of 4
ayes. Mr. Blanton abstained.
CAPITAL IMPROVEMENT FINANCING STRATEGIES/JOINT REPORT (32.09.V)
Council Comments:
Council requested a study session be set to discuss the proposed CIP goals. The study
session to be set at 6 p.m. on a night that there is no closed session agendized. That
funding of these projects be discussed, including long term debt financing. That staff offer
timing sequences for carrying out these projects to completion , and also show the
feasibility of funding the proposals within a reasonable period of time.
Council consensus to accept and file report on Redevelopment Agency and Town capital
improvement financing strategies.
COUNCIL REPORTS
Jan Hutchins noted the Museum Historic Home Tour, and that 8Pennsylvania Ave. was on
the tour. He felt that the Planning Commission and the Council had done well in holding to
the commitment of retaining the historic elements and charm of this home and that the
result was an absolute gem.
Mayor’s Meeting
Mayor Blanton noted items to discuss at the Council Workshop which had to do with Item
28 on tonight’s agenda concerning Planning Commission meetings and procedures.
ADJOURNMENT
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Motion by Mr. Attaway, seconded by Mr. Hutchins, to adjourn this evening’s meeting at
11:23 p.m. Carried unanimously.
ATTEST:Marian V. Cosgrove
Town Clerk
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