M 05-20-02TOWN OF LOS GATOS
CALIFORNIA
TOWN COUNCIL/PARKING AUTHORITY
JOINT REDEVELOPMENT AGENCY
May 20, 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 6:05 p.m., Monday, May 20,
2002, in joint special session.
ROLL CALL
Present:Steven Blanton, Sandy Decker, Steve Glickman,
Joe Pirzynski, and Mayor/Chairman Randy Attaway.
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 pursuant to
Government Code Section 54957.6 regarding Labor Negotiations to discuss Town Employees’
Association with Town Negotiator Gary Rogers, Human Resources Director. Council gave
direction and there was no reportable action taken.
Pursuant to Government Code Section 54957.6 regarding Labor Negotiations to discuss Police
Chief with Town Negotiator Gary Rogers, Human Resources Director. Council gave direction
and there was no reportable action taken.
Pursuant to Government Code Section 54956.9(a) concerning Pending Litigation regarding
Cynthia Coahran vs. Town of Los Gatos. Council gave direction and there was no reportable
action taken.
Pursuant to Government Code Section 54957 regarding Public Employee Performance Evaluation
concerning Clerk Administrator Performance Review. Council initiated process. There was no
reportable action taken.
APPOINTMENT/PLANNING COMMISSION/JOANNE TALESFORE (XX.12)
Mayor Attaway announced that one application had been received from Joanne Talesfore. Voting
was held and Joanne Talesfore was appointed to term ending 1/31/04.
SCHEDULE OF PUBLIC HEARINGS (01.28)
Motion by Mr. Glickman, seconded by Mr. Pirzynski, to accept and file informational
report regarding currently scheduled public hearings. Carried unanimously.
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Town Council Minutes May 20, 2002
Redevelopment Agency Los Gatos, California
PLANNING COMMISSION/COMMUNITY DEVELOPMENT DEPT/MONTHLY REPORT
(02.31)
Motion by Mr. Glickman, seconded by Mr. Pirzynski, to accept and file informational
item regarding Planning Commission and Community Development Department monthly status
report. Carried unanimously.
RATIFICATION OF PAYROLL/APRIL 2002 (03.V)
Motion by Mr. Glickman, seconded by Mr. Pirzynski, that Council ratify the check
registers for the payroll of April 14, 2002 through April 27, 2002, paid on May 3, 2002 in the
amount of $505,545.94. Carried unanimously.
ACCOUNTS PAYABLE/RATIFICATION/MAY 2002 (04.V)
Motion by Mr. Glickman, seconded by Mr. Pirzynski, that Council ratify the
accompanying check registers for accounts payable invoices paid on May 3, 2002 and May 10,
2002 in the amount of $722,546.19. Carried unanimously.
MINUTES OF MAY 14, 2002 (05B.V)
Motion by Mr. Glickman, seconded by Mr. Pirzynski, that Council approve the special
session Minutes of May 14, 2002 as submitted. Carried unanimously.
SMITH CREEK DRIVE/SOUTH END/EMERGENCY VEHICLE ACCESS EASEMENT (06.15)
Motion by Mr. Glickman, seconded by Mr. Pirzynski, that Council grant Emergency
Vehicle Access Easement over a one foot strip of Town Property at the southerly end of Smith
Creek Road. Carried unanimously. (This item was readdressed after Public Hearings.)
STORM WATER MANAGEMENT/SANITATION DISTRICT FEES (07.40)
Motion by Mr. Glickman, seconded by Mr. Pirzynski, that Council approve the FY 3003-
2003 Storm Water Managemnet Budget, and authorize the West Valley Sanitation District to
collect program related fees on behalf of the Town. Carried unanimously.
ART LOAN RECEIPT/ARTIST MARILYN KUKSHT/RESOLUTION 2002-71 (08.28)
Motion by Mr. Glickman, seconded by Mr. Pirzynski, that Council adopt Resolution
2002-71 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE
TOWN MANAGER TO EXECUTE A LOAN RECEIPT WITH MARILYN KUKSHT FOR
THE ARTWORK “PORTALS AND PASSAGES. Carried unanimously.
FIESTA WAY 17 & 25/BUDGET ADJUSTMENT/RESOLUTION 2002-72 (09.15)
Motion by Mr. Glickman, seconded by Mr. Pirzynski, that Council adopt Resolution
2002-72 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING
GENERAL FUND BUDGET ADJUSTMENT FROM RESERVES FOR DEBT SERVICE
A ND CIVIC CENTER IMPROVEMENTS FOR PURCHASE OF PROPERTIES AT 17
AND 25 FIESTA WAY. Carried unanimously.
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HAZARDOUS VEGETATION (BRUSH) ABATEMENT/RESOLUTION 2002-73 (11.33)
Motion by Mr. Glickman, seconded by Mr. Pirzynski, that Council adopt Resolution
2002-73 entitled, RESOLUTION OF THE TOWN OF LOS GATOS DECLARING
HAZARDOUS VEGETATION (BRUSH) A PUBLIC NUISANCE AND PROVIDING FOR
ABATEMENT. Carried unanimously.
LOS GATOS POLICE FOUNDATION DONATION/1999 GMC SUBURBAN
DISASTER RESPONSE TEAM (DART)
LOS GATOS POLICE FOUNDATION DONATION/1998 FORD COBRA
SCHOOL RESOURCE - DRUG AWARENESS RESISTANCE EDUCATION (DARE)
AUTHORIZING AUCTION OF TWO PREVIOUSLY DONATED VEHICLES
PROCEEDS TO BE USED FOR UTILITY COMMAND TRAILER FOR (DART)
RESOLUTION 2002-74 (12.36)
Motion by Mr. Glickman, seconded by Mr. Pirzynski, that Council adopt Resolution 2002-
74 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING LOS
GATOS POLICE FOUNDATION DONATION OF A 1999 GMC SUBURBAN FOR THE
DART TEAM AND A 1998 FORD COBRA FOR THE DARE OFFICER, AUCTION
PROCEEDS OF PREVIOUSLY DONATED VEHICLES TO BE USED FOR PURCHASE
OF UTILITY COMMAND TRAILER FOR DART. Carried unanimously.
VERBAL COMMUNICATIONS (XX.28)
Chinese religious activities:
Chun Lee, representing Falun Gong, requested a resolution from the Town condemning the
persecution of the members of Falun Gong in China. Council requested additional information
from staff.
General Comments:
Ray Davis, resident, objected to a Council Member’s living arrangements and commented once
again on Council not following its General Plan and violating that Plan when approving the
Sobrato project.
HEARING
TOWN OPERATING BUDGET FOR THE YEAR 2002-2003 (15.09)
Mayor Attaway announced that this was the time and place so noted for public hearing to consider
proposed 2002-2003 Operating Budget.
Finance Director, Steve Conway, gave an overview of the Town’s proposed budget. Community
Services Director, Regina Falkner, spoke of waste management and the ability to improve and
continue community services. Police Chief, Larry Todd, spoke of the parking control program
and the parking control officers that have been defunded for this year. Community Development
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Director, Bud Lortz, spoke of the defunding of positions in his office. Library Director, Peggy
Conaway, spoke of the new programs and activities in the Library.
HEARINGS CONTINUED
TOWN OPERATING BUDGET FOR THE YEAR 2002-2003 CONT. (15.09)
The following people spoke from the audience:
Lea Frey, representing the Los Gatos Community Concerts, spoke of keeping the adult costs low
again this year. Town grants have helped to keep the prices down. The program offers four
concerts for $50. The organization appreciates the Town’s grants over the years and she spoke of
the many elderly who are able to attend the Sunday shows since they will not go out at night.
Denise Leffers, Teen Counseling Center, spoke of the grants helping the teens who are counseled
at the center. The Center is supplying 12% more service than last year.
Ray Davis, spoke of the right to speak at government meetings and addressed the grants that will
help the environment.
Ben Ringerman, spoke in support of the Town, the good budget the clean town, the little amount
of crime, and thanked the Council for its fine work.
No one else from the audience addressed this subject.
Motion by Mrs. Decker, seconded by Mr. Glickman, to close the public hearing. Carried
unanimously.
Motion by Mr. Pirzynski, seconded by Mr. Blanton, to approve the proposed budget and to move
forward in preparing the final budget. Carried unanimously.
COMMENDATION/REX MORTON/PARKING COMMISSION (XX.28)
Mayor Attaway presented a Commendation from the Town to Rex Morton for his 18 years of
service on the Parking Commission. Mr. Morton was present to receive his commendation. He
thanked Council and the Town for the opportunity to have served Los Gatos.in this capacity
during these years. He is pleased to see the steps taken to proceed with and implement the new
Parking Management Program.
TOWN FEES/RATES/CHARGES/FY 2002-2003/RESOLUTION 2002-75 (16.09)
Mayor Attaway announced that this was the time and place so noted for public hearing to consider
adopting resolution continuing certain departmental fees, rates and charges and amending certain
fees, rates and charges.
Director of Finance, Steve Conway, gave an overview of the changes and the policies behind the
fees. He explained the use of the CPI for regulating fees, noting that this year there was a 7%
raise, and said these figures will be monitored each year. Community Development Director, Bud
Lortz, spoke of cost recovery used for building inspectors’ review of projects causing increase in
those fees.
Ray Davis, resident, spoke in general about reviewing town government. Spoke about the $50
appeal fee that was fair for the residents to present their cases. Complained about the new appeal
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fee going to $250 for residents and $1,000 for commercial appeals.
Motion by Mr. Pirzynski, seconded by Mr. Glickman, to close the public hearing. Carried
unanimously.
HEARINGS CONTINUED
TOWN FEES/RATES/CHARGES/FY 2002-2003/RESOLUTION 2002-75
Motion by Mr. Glickman, seconded by Mr. Pirzynski, that Council adopt Resolution 2002-75
entitled, RESOLUTION OF THE TOWN OF LOS GATOS ADOPTING CONTINUING
DEPARTMENTAL FEES, RATES AND CHARGES, AND AMENDING CERT AIN FEES,
RATES AND CHARGES. Carried unanimously.
MINUTES OF MAY 6, 2002 (05A.V)
Ray Davis, resident, asked that his comments be amplified in the minutes.
Motion by Mr. Glickman, seconded by Mr. Pirzynski, that Council approve the Minutes of May
6, 2002, Town Council Meeting with the following correction. Page 7, Council Consensus,
(....and it is noted that staff has established a consistent speed limit of 25 mph in the blocks
between Blossom Hill and Pleasant View.) Carried unanimously.
SHADY LANE 15769/SINGLE FAMILY RESIDENCE/RESOLUTION 2002-77 (30.15)
Mayor Attaway announced that this was the time and place so noted to consider adopting a
resolution granting an appeal of the decision of the Planning Commission approving the
construction of a new single family residence on property zoned HR-2 ½. No significant
environmental impacts have been identified as a result of this project and a Negative Declaration
is recommended. Architecture and Site Application S-01-70. Negative Declaration ND-01-10.
Property Location: 15769 Shady Lane. Property Owner: Shawn Hailey. Applicant: Kim Hailey.
Appellant: Andy Eshkar.
Ray Davis, resident, asked Council to reconsider the whole project as a de nova application.
Motion by Mr. Blanton, seconded by Mr. Glickman, that Council adopt Resolution
2002-77 entitled, RESOLUTION OF THE TOWN OF LOS GATOS GRANTING AN
APPEAL OF A PLANNING COMMISSION DECISION APPROVING THE
CONSTRUC TION OF A NEW SINGLE FAMILY RESIDENCE ON PROPERTY ZONED
HR-2½. NO SIGNIFICANT ENVIRONMENTAL IMPACTS HAVE BEEN IDENTIFIED
AS A RESULT OF THIS PROJECT AND A NEGATIVE DECLARATION IS
RECOMMENDED. Carried unanimously.
SMITH CREEK DRIVE/SOUTH END/EMERGENCY VEHICLE ACCESS EASEMENT (06.15)
Mayor Attaway announced that this was the time and place so noted to reconsider an earlier
decision this evening granting an Emergency Vehicle Access Easement over a one (1) foot strip of
town property at the southerly end of Smith Creek Drive.
Council Consensus to hear the speakers from the audience concerning this item which Council
had approved earlier in the meeting under the consent items.
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Mayor Attaway announced that this item had been approved on the consent calendar but people
present at this time were asking to be heard because the notice that was sent to them told them to
be present at 7 p.m. and they are present now, at the noticed time, to be heard.
John Curtis, Director of Public Works, explained that this easement will be gated and is for
emergency access only.
SMITH CREEK DRIVE/SOUTH END/EMERGENCY VEHICLE ACCESS EASEMENT CONT.
The following people from the audience addressed this issue:
Tom Jakaby, area resident, spoke of their only notice being a notice that was sent this weekend.
Judith Rosenheim, lives by the cul-de-sac where the gate is being proposed. She does not want
an ugly object near to her home which would degrade the beauty of her environment. She believes
a gate is not needed if a road is not built over the easement.
Sandy Bell, resident of Smith Creek, she also lives at the end of the court near the proposed gate.
She expressed her concern about the one notice which was received as a flyer on her door and
which asked residents to be present to discuss the proposed locked gate at the end of their street at
7 o’clock tonight. She does not want to see any metal chain link fence or gate on their street as
their neighborhood does not have any fencing like that in the area.
Ray Davis, resident, asked that the residents of this road be given a public hearing on the issue.
John Curtis, noted that this is a high priority item for the city of Monte Sereno and that city
would loose an emergency preparedness grant if not passed. He noted that staff would work with
the neighborhood to plan for a more esthetically pleasing gate that would allow only emergency
service vehicles access.
Council comments:
Council asked if a gate was truly necessary and if so, could the gate be placed on the development
end of the access road rather than on the Smith Creek end. Council also asked if it could approve
the easement without a gate at this time and then work with Monte Sereno over the esthetic issues.
Council also asked that the Fire Marshal be included in any discussions and decisions over a
native road vs. a paved road.
Motion by Mr. Blanton, seconded by Mr. Glickman, to reconsider the prior approval of Item 6
and to continue action on the item until the next meeting of the Council Carried unanimously.
DOWNTOWN STREETSCAPE IMPROVEMENTS/NORTH SANTA CRUZ AVENUE (17.25)
PROJECT 0108/BEAN TO BACHMAN INTERSECTIONS/RESOLUTION 2002-76
Mr. Curtis, Public Works Director, spoke of the 2 intersections and the need to approve the
specifications so bids can be opened June 12, 2002.
Speakers:
Ray Davis, resident, spoke of the number of traffic trips generated by the Sobrato project that will
be traveling through the beautified downtown.
Greg Stowers, Chairman of the Chamber of Commerce, spoke about continued work by the
Town in communicating with the merchants while undertaking the pilot project in the downtown.
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Motion by Mr. Pirzynski, seconded by Mrs. Decker, that Council adopt Resolution 2002-76
entitled, RESOLUTION OF THE TOWN COUNCIL/REDEVELOPMENT AGENCY OF
THE TOWN OF LOS GATOS APPROVING THE PLANS AND SPECIFICATIONS FOR
PROJECT 0108 – NORTH SAN TA CRUZ AVENUE STREETSCAPE IMPROVEMENTS -
PHASE 2 - (BEAN TO BACHMAN INTERSECTIONS) AND AUTHORIZING STAFF
TO ADVERTISE THE PROJECT FOR BIDS. Carried unanimously.
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ECONOMIC VITALITY PROGRAM (18.37)
Marty Woodworth, Redevelopment Manager, gave an overview of the program and plans for the
business community and attention to residential needs.
Council Comments that this plan allows us to be aware of the trends and the ability of the Town
to address these trends and work with them. The use of the General Plan allows Town to enhance
business dialogue and to take a pro-active stance in making the Plan a reality.
Motion by Mr. Pirzynski, seconded by Mrs. Decker, that Council approve the program, direct
staff to notice a Council public hearing to solicit additional input and to hold community meetings
prior to bringing the program document back to Council for approval. Carried unanimously.
TOWN NEWSLETTER DESIGN (19.39)
Town Manager, Debra Figone, addressed the proposed Town newsletter and noted the
community‘s and Commissions’ input in designing and working on this concept.
Motion by Mr. Glickman, seconded by Mr. Pirzynski, that Council accept the proposed design
of the Town newsletter. Carried unanimously.
TOWN PLAZA DESIGN/PROJECT 0107/STREET TREES/FIRE BELL LOCATION (20.25)
John Curtis, Public Works Director, noted that there were two items to be discussed regrading
the downtown beautification program, street trees and fire bell.
STREET TREE LOCATIONS
Presentation was made by staff explaining the possible positions of the trees and their sizes and
compatiblility with the park.
Council Comments:
That the design with less concrete was much more to Council’s liking. Council reviewed the tree
types and decided that the London Plane met most of Council’s issues and requirements.
FIRE BELL LOCATION
Speakers from the audience:
John Spaur, supports the bell tower remaining in this space, and noted that grass can surround it
rather than concrete. He spoke of the simplicity of the mechanism. Mrs. Decker asked that the
mechanism be diagramed so that others can maintain it over time. Mr. Pirzynski suggested that
the tower may be relocated to the Civic Center and handled under an historic study of the Town.
John Lochner, spoke of the lack of historic items in Town other than homes consisting only of
Forbes Mill and the Fire Bell. He also noted the agreement with the owner requiring the bell to
be located in a prominent location in Town.
Shirley Henderson, asked that the Tower be relocated to the Civic Center for the purpose of
having more room for people to use the plaza park.
Mike Wasserman, spoke of the center of downtown and the oldest historic item in Town being
the old Fire Bell. Visitors to the downtown and the park may only see the bell when they visit the
downtown park center.
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TOWN PLAZA DESIGN/PROJECT 0107/STREET TREES/FIRE BELL LOCATION CONT.
(20.25)
Speakers Continued:
Richard Fox, spoke of the history of the downtown and the history of the town being centered at
the plaza park. He asked that the bell not be removed from the park location but that the new bus
shelter be replaced with an historic looking bus shelter that could incorporate the bell in it.
Gene Fisher, supports leaving the bell where it is.
Richard Konrad, Chairman of the Parks Commission, says the bell has never worked and the
maintenance department should take the responsibility to make it work. The bell is historic but
the tower is too modern.
Bob Rice, Parks Commissioner, supports the tower and the bell in the Town Plaza.
Tom Stanton, spoke of the volunteer firemen in Town, and that these men have consistently
supported the Town and worked hard at having this bell located prominently.
Doug Sporleder, spoke of prominence for the bell, and noted the many people who have helped
save the bell and locate the bell. He is concerned about loss of the bell and its parts and does not
want to see it stored where it will be forgotten.
Tim Musselman, President of the Lions Club, spoke of the support that the Lions have given to
the bell over time. He stated that he would not support the tower to be hidden in Oak Meadow
Park but stated that it should remain in a central and prominent location in the historic downtown.
Council consensus to approve the proposed Town Plaza design plan with revisions reflecting
Town Council’s direction from May 14, 2002 Town Council meeting.
Council Comments:
Fifteen years ago the view of the Town Plaza Park was different than it is today. That for the
current park design the bell should be moved, and several locations were mentioned. The Civic
Center would be ideal location to place a permanent piece of artistic sculpture which could be a
replacement for sculptures which have been placed on the Civic Center lawn. The design of the
sculpture is more in keeping with the modern facade of the Civic Center buildings. Oak Meadow
Park may also be a better location because of the ability to keep the bell ringing in an area close to
where the Billy Jones whistle is used. It’s a bell and should be used and rung regularly and the
mechanism should be on display to be seen and enjoyed. It should have an appropriate home
where it can do what it was built to do and maintenance of it should be a priority of the Town so
that it can be enjoyed in what ever location it is placed. Council found that it was a high priority
to keep this bell and the grace and elegance of the bell and structure would look lovely placed at
the Civic Center as at least a temporary solution until another option becomes apparent or leave it
at the center as the best location. The Parks Commission should be involved in the discussions
along with the Historical Preservation Committee. One Council Member asked to keep it well
maintained in the downtown and to build around it and see if after construction the Plaza might
still be a viable location.
Motion by Mrs. Decker, seconded by Mr. Glickman, to relocate the bell tower expeditiously and
as quickly as possible so as to allow it to be operational, and for the community to be able to
access it and benefit from its possibilities. Carried by a vote of 4ayes. Mr Pirzynski voted no
believing that the structure should remain in the park until there is further study.
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COUNCIL MATTERS (21.28)
Mr. Glickman addressed the concerns of Chun Lee, representing Falun Gong. Mr. Glickman
has been a member of Amnesty International for many years. He suggested that Council approach
this issue with great caution.
Mrs. Decker spoke of six state legislators who did not see the State’s fiscal problems arising.
She asked our community to contact their legislators and let them know that our Town and other
cities are working hard on keeping afloat. These funds are not under the cities control and can be
taken away at any time
MANAGER MATTERS (22.28)
There was no report from the Manager this evening.
ADJOURNMENT
Mayor Attaway closed this evening’s meeting at 10:14 p.m.
ATTEST:
Marian V. Cosgrove
Town Clerk
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