M 12-16-02TOWN OF LOS GATOS
CALIFORNIA
TOWN COUNCIL/PARKING AUTHORITY
JOINT REDEVELOPMENT AGENCY
December 16, 2002/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 7:53 p.m., Monday, December
16 2002, in joint regular session.
ROLL CALL
Present:Steve Glickman, Diane McNutt, Joe Pirzynski,
Mike Wasserman and Mayor/Chairman Sandy Decker.
Absent:None.
PLEDGE OF ALLEGIANCE
Given by all in attendance.
CLOSED SESSION (XX.28)
Town Attorney, Orry Korb, reported that Council had met in Closed Session prior to this
evening’s meeting pursuant to Government Code Section 54956.9[a], Pending Litigation,
regarding John Jennings vs. the Town of Los Gatos. Council discussed this item and there was no
reportable action taken.
Pursuant to Government Code Section 54956.8, Property Negotiation, regarding the Southeast
portion of Vasona Park with discussions between Town of Los Gatos and Santa Clara County
concerning the price and terms of payment. There was no reportable action taken.
Also reported was the Closed Session meeting of December 10th.
Pursuant to Government Code Section 54957.6, Labor Negotiation, regarding Management -
Police Sergeants and Management Compensation Plan negotiated with Gary Rogers, Human
Resources Director. There was no reportable action taken.
Pursuant to Government Code Section 54957, Performance Evaluation, regarding Town
Manager’s Evaluation. There was no reportable action taken.
PLANNING COMMISSION/APPOINTMENTS (00.12)
Mayor Decker announced that four applications had been received from Barry Bakken, Philip
Micciche, David Mortaz and Lee Quintana for the two vacancies on the Planning Commission.
Voting was held and Mr. Micciche and Ms. Quintana were appointed to terms ending 1/31/07.
Speaker to the Planning Commission Appointments:
Ray Davis spoke of the need to control the property rights of all applicants who have the duty to
prove that they are in harmony and consistent with all public documents and governing bodies.
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Town Council Minutes December 16, 2002
Redevelopment Agency Los Gatos, California
COMMUNITY SERVICES COMMISSION/APPOINTMENTS (00.12)
Mayor Decker announced that four applications had been received from Barry Bakken, Jocelyn
DeGrance Graham, Annette Seaborn and Mary Joanne Zientek for the four vacancies on the
Community Services Commission. Voting was held and Mr. Bakken, Ms. Seaborn and Ms.
Zientek were appointed to terms ending 1/01/06. Ms. DeGrance Graham will be interviewed by
Council January 6, 2003.
COMMUNITY SERVICES COMMISSION/STUDENT APPOINTMENTS (00.12)
Mayor Decker announced that three applications had been received from Andrew Lee,
Christopher Wencel and Jennifer Werner for the two vacancies on the Community Services
Commission. Voting was held and Mr. Wencel and Ms. Werner were appointed to terms ending
9/30/03.
GENERAL PLAN COMMITTEE/APPOINTMENTS (00.12)
Mayor Decker announced that three applications had been received from James Bacigalupi, Barry
Bakken and Mark Sqarlato for the two vacancies on the General Plan Committee. Voting was
held and Mr. Bacigalupi and Mr. Sqarlato were appointed to terms ending 1/1/07 and 1/1/04
respectively.
PARKS COMMISSION/STUDENT APPOINTMENTS (00.12)
Mayor Decker announced that no applications had been received for the one vacancy on the Parks
Commission. This vacancy will be re-advertised.
PERSONNEL BOARD/APPOINTMENTS (00.12)
Mayor Decker announced that no applications had been received for the one vacancy on the
Personnel Board. This vacancy will be re-advertised.
BUSINESS COMMENDATION/CILKER FAMILY RECOGNITION (00.28)
Mayor Decker presented Town Commendations to both Mr. Bill Cilker and Mrs. Beth Cilker
Smith of Cilker Orchards for their family’s work in the Town since 1868 when their forefather
had come to the area and established a farming enterprise. The family is still a strong business
influence in Los Gatos and on Los Gatos Boulevard, especially represented at the Corner Stone
Shopping Center. Both family members were present to receive their commendation and express
their appreciation and their continued commitment to our town.
MAYOR’S STATEMENT (XX.28)
Mayor Decker welcomed the Council and audience and explained how she would like the tone of
the Town meeting s to proceed during the year. She spoke of a community that has been able to
display respect for one another, to deliberate the business of the Town in an informed manner, and
to accept and act upon the decisions made at public and open meetings. She noted that all of our
residents deserve our respect and the respect of each other. She asked for and said she expects
that the visitors to these Council Chambers will recognize and uphold these principles of respect
and courtesy for one another. The Mayor noted that disruptive behavior would not be tolerated,
nor allowed to interfere with these community meetings held in the spirit of cooperative and
interactive government. She reaffirmed her desire to encourage respect and dignity within these
chambers.
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Town Council Minutes December 16, 2002
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SCHEDULE OF PUBLIC HEARINGS (01.28)
Motion by Mr. Pirzynski, seconded by Mr. Glickman, to accept and file informational report
regarding currently scheduled public hearings. Carried unanimously.
PLANNING COMMISSION/PLANNING DEPARTMENT MONTHLY STATUS REPORT (02.38)
Motion by Mr. Pirzynski, seconded by Mr. Glickman, to accept and file informational report
regarding activity of Planning Commission and Department. Carried unanimously.
RATIFICATION OF PAYROLL/NOVEMBER 2002 (03.V)
Motion by Mr. Pirzynski, seconded by Mr. Glickman, that Council ratify the check registers for
the payroll of November 10, 2002 through November 23, 2002, paid on November 27, 2002, in
the amount of $581,904.51. Carried unanimously.
ACCOUNTS PAYABLE/RATIFICATION/NOVEMBER-DECEMBER 2002 (04.V)
Motion by Mr. Pirzynski, seconded by Mr. Glickman, that Council ratify the accompanying
check registers for accounts payable invoices paid on November 27, 2002 and December 6, 2002
in the amount of $598,806.60. Carried unanimously.
COUNCIL COMMITTEE APPOINTMENTS (06.12)
Motion by Mr. Pirzynski, seconded by Mr. Glickman, that Council adopt Council Committee
Appointments effective January 2003. Carried unanimously.
CALIFORNIA LAW ENFORCEMENT EQUIPMENT/CLEEP/RESOLUTION 2002-192 (07.36)
Motion by Mr. Pirzynski, seconded by Mr. Glickman, that Council adopt Resolution 2002-192
entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING 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 TO AUTHORIZE AN INCREASE IN THE OPERATING
GRANTS FUND IN THE AMOUNT OF $35,378.00. Carried unanimously.
MANAGEMENT COMPENSATION/POLICE SERGEANTS/RESOLUTION 2002-188 (08.29)
Motion by Mr. Pirzynski, seconded by Mr. Glickman, that Council adopt Resolution 2002-188
entitled, RESOLUTION OF THE TOWN OF LOS GATOS AMENDING THE FISCAL
YEAR 2002-2003 MANAGEMENT COMPENSATION PLAN TO ADJUST
COMPENSATION FOR POLICE SERGEANTS. Carried unanimously.
POLLARD ROAD 1300/TRACT #9360/COMPLETION NOTICE/RESOLUTION 2002-186
(10.25)
Motion by Mr. Pirzynski, seconded by Mr. Glickman, that Council adopt Resolution 2002-186
entitled, RESOLUTION OF THE TOWN OF LOS GATOS ACCEPTING WORK OF
SANTA CLARA DEVELOPMENT COMPANY AND AUTHORIZING THE TOWN
MANAGER TO EXECUTE CERTIFICATE OF ACCEPTANCE AND NOTICE OF
COMPLETION FOR RECORDING BY THE TOWN CLERK. Carried unanimously.
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Town Council Minutes December 16, 2002
Redevelopment Agency Los Gatos, California
ROOFING TOWN FACILITIES/PROJECT 0339/COMPLETION NOTICE/RESO 2002-187
(11.25)
Motion by Mr. Pirzynski, seconded by Mr. Glickman, that Council adopt Resolution 2002-187
entitled, RESOLUTION OF THE TOWN OF LOS GATOS ACCEPTING WORK OF
CALIFORNIA ROOFING COMPANY FOR PROJECT 0339 - RE-ROOFING OF TOWN
FACILITIES AND AUTHORIZING THE TOWN MANAGER TO EXECUTE
CERTIFICATE OF ACCEPTANCE AND NOTICE OF COMPLETION FOR
RECORDING BY THE TOWN CLERK. Carried unanimously.
VERBAL COMMUNICATIONS (XX.28)
Wedgewood Neighborhood
Ray Davis believes the problems in this area have not been addressed sufficiently. He asked that
the line of sight issue regarding the driveway turn outs and the curves on the road be addressed by
the town’s engineering department.
PUBLIC HEARING
SANTA CRUZ AVENUE N 206/RESTAURANT ALCOHOL LICENCE/APPEAL (15.15)
Mayor Decker stated that this was the time and place duly noted for public hearing to consider a
request for modification of a Conditional Use Permit for a restaurant to have full liquor service
with a separate bar. Conditional Use Permit U-02-14. Property Location: 206 N. Santa Cruz
Avenue. Property Owner: Sophi Rao. Applicant: Dean Devincenzi.
The following people from the audience addressed this issue:
Dean Devincenzi, spoke of the reasons for asking for this license for a full service restaurant. He
asked for approval of a complete full bar to serve a high end steak house. He noted that there is
no other restaurant in town serving this style food.
Larry Campagna spoke in support of the proposal and noted how well the present establishment
has conducted its business and supported the expectations of its clients and town.
Revel Warkov spoke in support and is looking forward to the steak house. He noted their well
run sports bar which is a finely run family establishment.
Mike Andrache praised their current operation and noted how well run it is. He is sure that the
new enterprise will offer the same superb service.
No one else from the audience addressed this issue.
Council Comments:
Conditions of approval are modified to clarify that alcohol service in the bar area need not
accompany meal service and that the hours of operation shall be until 10 p.m.
Questions and requests on the Conditions:
Condition #5, “Alcohol beverage will not be permitted after 10 p.m. Sunday through Thursday,
except for Holidays and evenings before Holidays” be addressed so the statement is clear.
Condition #5 and #4 are very much the same in regards to hours of service which will be until 10
p.m.
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Town Council Minutes December 16, 2002
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SANTA CRUZ AVENUE N 206/RESTAURANT ALCOHOL LICENCE/HEARING CONTINUED
Condition #10 says the bar will allow a drink but there will be no TV. A drink without food can
only be had at the small bar. One cannot have a drink in the lobby.
Condition #7 limits the use of the private dinning area or booth section between 5 and 6 p.m.
because of the parking numbers. Standing in bar is allowed at this hour, but not sitting.
Continued Comments:
That Planning Commission work with the architectural review with the applicant considering
excellence in design, rhythm and fabric which comply with the design guidelines of the central
business district.
Motion by Mr. Glickman, seconded by Mrs. McNutt, to approve a request for modification of a
Conditional Use Permit for a restaurant to have full liquor service with a separate bar with
conditions indicated in Attachment #8. Condition #5 will delete “Holidays” and “shall not be
permitted after 11 p.m.” and add (“except for Fridays and Saturdays and evenings before
Holidays when alcohol service shall cease at 11 p.m.”) and Condition #11 will have a modified
first sentence concluding with “except in the bar area defined in condition #10.” (Alcoholic
beverages may only be served with meals and are permitted for inside and outside seating except
in the bar area, where alcoholic beverages can be served without meals.) Carried unanimously.
COUNCIL RECESS
Mayor Decker requested a five minute recess.
MINUTES OF DECEMBER 2, 2002 (05.V)
Council member Mrs. McNutt noted that her first name is spelled with one “n” as in “Diane,” she
also requested that the Wilder Ave. tree removal request should reflect that Mr. Zelasko spoke of
his own perception of the danger of the tree rather than as a verified fact. Council member
Pirzynski asked that a correction be made under the Downtown Streetscape on page 4, speaking
about the bulb out on Almendra constricting left hand turns which should read that the bulb out
would constrict the flow of through traffic.
Motion by Mr. Pirzynski, seconded by Mr. Wasserman, that Council approve the Minutes of
December 2, 2002, Joint Council/Redevelopment Agency Meeting as corrected. Carried
unanimously.
WILDER AVENUE 131/TREE REMOVAL REQUEST/RESOLUTION 2002-189 (09.15)
Speaker, Ray Davis, asked when the new tree removal ordinance would be ready for adoption.
He asked that safety be considered when preserving trees.
Motion by Mr. Pirzynski, seconded by Mr. Glickman, that Council adopt Resolution 2002-189
entitled, RESOLUTION OF TOWN OF LOS GATOS DENYING AN APPEAL OF A
DECISION OF THE PLANNING COMMISSION DENYING A TREE REMOVAL
PERMIT ON PROPERTY ZONED R-1D-LHP. Carried unanimously.
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Town Council Minutes December 16, 2002
Redevelopment Agency Los Gatos, California
LOS GATOS REDEVELOPMENT AGENCY/ANNUAL REPORT/RESOLUTION 2002-190
(14.27)
Speaker, Ray Davis, asked about funding for advertising of the general business community of
Los Gatos. He noted that the funds were from the Redevelopment Agency but questioned the
appropriate use of public funds in this manner. He also spoke of the funding of the new banner
program and its appropriateness given the upcoming budget limitations.
Motion by Mr. Pirzynski, seconded by Mrs. McNutt, that Council adopt Resolution 2002-190
entitled, RESOLUTION OF THE TOWN OF LOS GATOS APPROVING THE 2001-2002
ANNUAL REPORT FOR THE LOS GATOS REDEVELOPMENT AGENCY. Carried
unanimously.
COMMISSIONS, COMMITTEES AND BOARDS/ATTENDANCE REQUIREMENTS (16.12)
Motion by Mr. Wasserman, seconded by Mr. Glickman, that the guidelines used regarding
absences be uniformly applicable for all Boards, Committees and Commissions. Motion failed
with 3 noes and 2 ayes.
Council Consensus to continue this item, bringing it forward to the Boards and Commissions for
further dialogue and then reporting to the Council/Commission Retreat in April so as to have the
full input from the various Boards and Commissions on the considerations at that time.
WRAIGHT AVENUE/TRAFFIC CALMING PROPOSAL (17.41)
Mayor Decker noted that this was the time and place so noted to consider a proposal for the
Wraight Avenue Traffic Calming proposal and to make suitable budget adjustments for the
project.
Speakers from the audience:
Martha Hoffman, Mobile Home resident spoke to the change in the intersection and asked that
the residents of the park be heard about their issues concerning the traffic.
Joyce Byers, also handed in a letter, and addressed the traffic issue.
Melville Bechler, supported the need to address the traffic concerns of the mobile home residents.
Kullar Jit Singh Bhuller, noted that the park’s residents must be considered before changes are
made.
David Wilkinson, asked that the park’s residents’ needs be considered.
Patricia Kaufmann/Pittroff, spoke of the need to use the neighborhood roads rather than
pushing the park’s residents out into Highway 9.
Ray Davis spoke of the traffic issues caused by intensification of land use.
Jeff Major, working with Barry Swenson Builders, spoke of permanent changes to the traffic
circulation pattern in this neighborhood.
Bill Krause asked for a show of hands for those residents that would like to keep access to the
use of Wraight to be able to go shopping in that direction. The proposed measures cut the mobile
home residents from the neighborhood. They would like to be part of the neighborhood, part of
the traffic calming methods and part of the voting for these proposals.
Mayor Decker closed the public comments.
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Town Council Minutes December 16, 2002
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WRAIGHT AVENUE/TRAFFIC CALMING PROPOSAL/CONT.
Council Consensus to have staff continue to review and evolve this issue and bring back at a
future date. Return the issue to the neighborhood, both the Wraight Ave. and Mobile Home Park,
and expand the information base including all land owners’ issues. Use further study to
determine the traffic needs and impacts, addressing the turns on and off of Highway 9 and access
in and out of the Park. Take all conditions into consideration and design for the considered needs
including pedestrian access and safety. Cal Trans must also be contacted and worked with on the
design issues. Item continued until new report is ready to come to Council.
SILICON VALLEY ANIMAL CONTROL JPA/SVACA/RESOLUTION 2002-191 (18.33)
Motion by Mr. Glickman, seconded by Mrs. Decker, that Council adopt Resolution 2002-191
entitled, RESOLUTION OF THE TOWN OF LOS GATOS APPROVING AN
AMENDMENT OF THE JOINT POWERS AGREEMENT OF THE SILICON VALLEY
ANIMAL CONTROL AUTHORITY BOARD OF DIRECTORS REGARDING THE
EXTENSION OF DEADLINES APPLICABLE TO NOTICE OF WITHDRAWAL FROM
JPA AND TO ADJUST REFERENCES IN THE JPA REGARDING PREPARATION AND
NOTICE OF THE FY 2003-2004 BUDGET. Carried unanimously.
COUNCIL MATTERS (19.28)
Mrs. Decker reported that the High School was looking at the alcohol abuse by the youth of our
town and has scheduled meetings with the community and our police chief to establish some
guidelines and programs. She requested the support of Council as these programs move forward.
This issue will be agendized for the Council retreat.
Request made by Council member McNutt that the acronyms in the reports be spelled out for all
those who might not be familiar with the abbreviated titles.
MANAGER MATTERS (20.28)
Thanked Council for its patience in dealing with the Wraight Ave. traffic calming issues.
ADJOURNMENT
Mayor Decker closed this evening’s meeting at 10:58 p.m.
ATTEST
Marian V. Cosgrove
Town Clerk
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