M 03-03-03TOWN OF LOS GATOS
CALIFORNIA
TOWN COUNCIL/PARKING AUTHORITY
JOINT REDEVELOPMENT AGENCY
March 3, 2003/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 7:04 p.m., Monday, March 3,
2003, 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 54957 regarding Public Employee
Performance Evaluation. Title: Town Attorney. There was no reportable action taken.
BUSINESS COMMENDATION/SWEENEY, MASON, WILSON & BOSOMWORTH (00.28)
Council Member Wasserman presented Town Commendation to the Law Firm of Sweeney,
Mason, Wilson, & Bosomworth. He noted the contributions of time and services that this firm
has donated to the community over the years. Mr. Wasserman enumerated a number of their
services and presented the commendation to the partners. Mr. Sweeney and Mr. Mason were
present to accept their commendation from the Town and expressed gratitude for being able to
participate in these activities for their community.
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.
COUNCIL CALENDAR OF MEETINGS (02.28)
Motion by Mr. Glickman, seconded by Mr. Pirzynski, that Council accept the March 2003, and
April 2003, Town’s Calendar of Meetings. Carried unanimously.
RATIFICATION OF PAYROLL/FEBRUARY 2003 (03.V)
Motion by Mr. Glickman, seconded by Mr. Pirzynski, that Council ratify the check register for
the payroll of February 2, 2003 through February 15, 2003, paid on February 21, 2003, in the
amount of $533,089.59. Carried unanimously.
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ACCOUNTS PAYABLE/RATIFICATION/FEBRUARY 2003 (04.V)
Motion by Mr. Glickman, seconded by Mr. Pirzynski, that Council ratify the accompanying
check registers for accounts payable invoices paid on February 14, 2003, and February 21, 2003
in the amount of $459,892.58. Carried unanimously.
TREASURER’S REPORT (06.02)
Motion by Mr. Glickman, seconded by Mr. Pirzynski, that Council accept and file informational
report submitted by the Treasurer to the Council for the months ended December 31, 2002 and
January 31, 2003. Carried unanimously.
CODE COMPLIANCE/QUARTERLY REPORT (07.38)
Motion by Mr. Glickman, seconded by Mr. Pirzynski, to accept and file informational report
from the Code Compliance Officer for October through December 2002 regarding abatement of
code violations. Carried unanimously.
PROJECT 0201/BLOSSOM HILL SIDEWALK CONSTRUCTION/RESOLUTION 2003-20
(08.24)
Motion by Mr. Glickman, seconded by Mr. Pirzynski, that Council adopt Resolution 2003-20
entitled, RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
APPROVING THE PLANS AND SPECIFICATIONS FOR PROJECT 0201 - BLOSSOM
HILL ROAD SIDEWALK CONSTRUCTION AND AUTHORIZING STAFF TO
ADVERTISE THE PROJECT FOR BIDS. Carried unanimously.
FLOODPLAIN MANAGEMENT/TOWN CODE SECTION 29.90.010/ORDINANCE 2109 (10.40)
Motion by Mr. Glickman, seconded by Mr. Pirzynski, that Council adopt Ordinance 2109
entitled, ORDINANCE OF THE TOWN OF LOS GATOS APPROVING THE NEW
FLOODPLAIN MANAGEMENT STANDARDS, REPEALING ORDINANCE 1763 AND
AMENDING ARTICLE IX OF CHAPTER 29 OF THE TOWN CODE, which was
introduced at the Council meeting of February 18, 2003. Carried by a vote of 4 ayes. Mr.
Glickman voted no for reason noted in prior record.
FARLEY ROAD 16920/AMENDING ZONING MAP/ORDINANCE 2110 (11.15)
Motion by Mr. Glickman , seconded by Mr. Pirzynski, that Council adopt Ordinance 2110
entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE TOWN CODE
EFFECTING A ZONE CHANGE FROM R-1:8:LHP TO R-1:8 FOR PROPERTY
LOCATED AT 16920 FARLEY ROAD/APN:529-14-014 (M-02-2/Z-02-1). Carried
unanimously.
MAYOR’S STATEMENT (XX.28)
Mayor Decker welcomed the Council and audience and explained how she would like the tone of
the Town meetings 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
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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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VERBAL COMMUNICATIONS (XX.28)
General Comments on Town Government:
Ray Davis spoke in support of televised meetings for public forums concerning land use issues
within the community neighborhoods, but requested that the audience be given more information.
He noted that Council and Planning Commission had the sole responsibility for making land use
decisions and he believes that the Redevelopment Manager is acting outside his authority. Mayor
Decker clarified that the Redevelopment Manager is working entirely within his authority.
Museums of Los Gatos:
Laura Bajuk spoke of a recent fundraiser, “Touch My HeART” held at the Tait Museum. The
silent auction, raffle and live auction benefitted the Town’s museums raising $13,000. Ms Bajuk
presented a “Thank You” commendation to the Mayor.
Community Partnership Meetings/Youth and Alcohol:
Chloe Wilder, student at Los Gatos High School, representing the teen group “Alive and Loving
Life” spoke about the upcoming workshop to discuss teen issues in Los Gatos. She mentioned
the tragic auto accident involving the death of Eric Quasada which caused the issue of “Drinking
and Driving”to be focused upon. She spoke of open communications between teens and the
community, and arriving at solutions and consensus on how to proceed with programs which will
address the identified issues within Los Gatos.
Corie Fiebiger also spoke to the upcoming Community Workshop.
Andrea Schneider speaking for “Alive and Loving Life Initiative,” is the Town Facilitator for
the upcoming Community Workshop. She spoke of adult leadership in the community and the
need for that leadership to continue as ongoing support.
Music in the Plaza:
John Tice spoke of the initiation of the Music in the Plaza program. He spoke of raising funds
for the fledgling program and the many contributers who expected it to return to its original
location. He noted the supplemental additions to the plaza, with new lighting, new staging ability,
and the augmented sound amplification that is now in the plaza. He would like to see it moved
back to the plaza where it began.
Skateboard Park:
Elizabeth Ross mother of son who participated in the skateboarding event on Sunday. She
thanked Council for continuing its focus on establishing a skateboard park in Town.
Zachary Ross thanked staff and Chief Seaman for setting up the skateboarding program for
March 2, 2003. He expressed his enthusiasm for being able to participate in the event.
PUBLIC HEARING
WEDGEWOOD AVENUE 17251/CARPORT CANOPIES/APPEAL (16.15)
Mayor Decker stated that this was the time and place duly noted for public hearing to consider an
appeal of the decision of the Planning Commission to deny a variance request to legalize two
canopy carports within the front setback and to reduce the required vehicle back up area on
property zoned R-1:8. Variance Application V-02-002. Property Location: 17251 Wedgewood
Avenue. Property Owner/Applicant-Appellant: Mark J. Medalie.
The following people from the audience addressed this issue:
Mark and Linda Medalie spoke of the canopies he has erected to protect his family, residence
and cars from the golf balls that fall on a regular basis on his property. He requested a variance
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for safety reasons for himself and family. He noted that the condition of errant golf balls does not
occur to the same degree in other locations on this street, and his special circumstances are that
the balls are hitting his property due to the location of his home. He showed the number of balls
that have landed on his property within a month’s period of time, and also over a year or two.
PUBLIC HEARINGS
WEDGEWOOD AVENUE 17251/CARPORT CANOPIES/APPEAL/CONTINUED (16.15)
Speakers continued:
Milae Weiser spoke of her children visiting their grandparents and feeling safer when they got in
and out of the car with the canopy protecting them from stray golf balls. She is not in favor of
installation of ugly netting cutting down on the aesthetics of the views even though it may
provide some additional safety.
John Aitken asked for the reasonable solution of making an acception to the variance. He does
not want a large net blocking views in the neighborhood.
Ray Davis spoke of land use approved in 1927 for a golf course. He spoke of golf balls flying at
school children walking by and cars driving by on the public street. He asked that the golf
course be issued an updated use permit, noting that use permits are fully revocable for good
cause. He believes that the present land use has outlived its use on that public road.
Yale Medalie, father of Mark, asked that the canopies be allowed to remain at this location to
protect from golf balls shot from the driving range. He noted that his son’s cars and garage have
been pitted by the golf balls.
Jim Rubnitz speaking for the La Rinconada Golf Club, spoke of the mitigating measures that
have been taken to alleviate the problem in the past month. He noted that the club has been
responsive to its neighbors, and he mentioned that having a club in the center of a populated area
is a resource for that community.
Gary Brink lives across the street from the golf club and does not want to see a fence or
landscaping blocking his view. He would like to see the car ports to remain/does not see it as a
safety problem
Edward Mathewson lives near the driving course and would like to see the carport covers
remain. He is out of range of the golf balls but asked that Medalie be able to keep the covers. He
believes that Medalie’s answer to his property protection is in harmony with the neighborhood
and a minimalist approach to the problem.
Haze Clark spoke in support of the canopies as an answer to the golf ball problem.
Stuart Rovin spoke in support of the use of canopies to protect against the golf balls. He noted
that this house has the greatest problem as it is directly in line with the driving range.
Recommends that the variance be granted.
Mark Medalie, spoke of thirteen balls found this weekend. He asked that the driving range not
be shut down and that a large net not be put up, but noted that the only way to protect his property
was to revoke the use permit for the driving range or issue a variance for his canopies.
No one else from the audience addressed this item.
Mayor Decker closed the hearing
Council Comments:
Mr. Korb noted that each application for a variance must be considered on its own merits.
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Concern for setting practical precedent can always be considered when granting an application.
Mr. Glickman asked for more information regarding the approximately 50 illegal canopies that
have been installed in Los Gatos.
Mr. Lortz spoke of the report that the Planning Commission will be reviewing concerning La
Rinconada Country Club’s conditional use permit for the Club’s driving range. He noted that the
review would take into consideration improvement for reducing the number of errant balls. The
Commission would like to hear from both golf professionals and neighbors while considering this
subject.
PUBLIC HEARINGS
WEDGEWOOD AVENUE 17251/CARPORT CANOPIES/APPEAL/CONTINUED (16.15)
Council Comments Cont:
Mr. Wasserman noted that the neighbors were very aware of the errant golf balls but were
unanimous in not wanting a safety net interfering with their open views. Methods and solutions
to minimize the danger may be answers to the problem but the neighborhood wants complete
review and consultation on those mitigating resolutions. He would support an evaluation of the
preventative measures taken by the Golf Course before making a decision on this appeal.
Ms McNutt spoke in favor of a variance but would defer it until the conditional use review takes
place, and would allow the canopies to remain until the study is complete.
Mr. Glickman defers the decision until further study. The safety of the Town’s citizens is the
Council’s chief concern and he noted that the measures needed to promote that safety should be
the Commission’s and Council’s first priority.
Mrs. Decker spoke of the history of the Medalie’s canopies. Spoke of the condition that exists
between the Medalie’s property and the Golf Course and the need for a study and identification of
solutions between the Town, Golf Course and Neighborhood.
Mr. Pirzynski spoke of reviewing the Planning Commission’s decision and continuing the study
of the problem between the Wedgewood neighborhood and the Golf Course and the larger issue
of the use of canopies throughout the Town. He spoke in favor of modifications to the driving
range to reduce the potential of errant golf balls. He did not support overturning the Planning
Commission’s decision.
Motion by Mr. Wasserman, seconded by Mr. Glickman, to continue this appeal, and allow the
canopy carports to remain until the Planning Commission studies the variance and all questions
are answered concerning the errant golf balls. That a Planning Commission meeting be held with
La Rinconada Golf Course and all issues be resolved. A follow up report will return to Council
on October 6, 2003. Carried unanimously.
MINUTES OF FEBRUARY 18, 2003 (05.V)
Ray Davis asked that the minutes reflect the issue of the small traffic islands holding traffic
signals at the intersection of Blossom Hill and Los Gatos Boulevard. He noted that many times
young children wait at those islands for the traffic signals to change. He finds them an unsafe
location for children to wait since it places them so close to the moving traffic.
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Motion by Mr. Glickman, seconded by Mr. Pirzynski, that Council approve the Minutes of
February 18, 2003, Regular Joint Town Council/Redevelopment Agency Meeting as submitted.
Carried unanimously.
UNIVERSITY AVENUE 248/RESIDENTIAL ADDITION/FAR/RESOLUTION 2003-21 (09.15)
Ray Davis spoke of the new information that had come forward and that he believes the
ordinance did not reflect that information properly nor did the ordinance reflect what the majority
of the supporting Council had determined.
Mr. Pirzynski and Mr. Glickman confirmed that the attorney had conformed the ordinance to
the majority opinion of Council and had achieved an appropriate approximation of Council’s
intent.
Motion by Mr. Glickman, seconded by Mr. Pirzynski, that Council adopt Resolution 2003-21
entitled, RESOLUTION OF TOWN OF LOS GATOS REMANDING AN APPEAL OF A
DECISION OF THE PLANNING COMMISSION DENYING CONSTRUCTION OF A
FIRST AND SECOND STORY ADDITION WHICH EXCEEDS THE ALLOWABLE
FLOOR AREA RATIO ON PROPERTY ZONED R-1D:1HP. Carried by a vote of 3 ayes.
Mrs. Decker and Mr. Wasserman voted no for reasons noted in prior record.
PROJECT 0215/OLIVE ZONE/PARKING SIGNS/RESOLUTIONS 2003-22 & 2003-3RD (12.24)
Ray Davis said that the Olive Zone did not give enough time for visitors to visit the Civic
Center. That people need more that an hour and a half to conduct their business and browse in the
Library.
Motion by Mr. Pirzynski, seconded by Mr. Wasserman, that Council/Agency adopt Resolutions
2003-22 and 2003-3RD entitled, RESOLUTION OF THE TOWN
COUNCIL/REDEVELOPMENT AGENCY OF THE TOWN OF LOS GATOS
ACCEPTING WORK OF CHRISP COMPANY FOR PROJECT 0215 - DOWNTOWN
PARKING SIGN PROJECT (OLIVE ZONE 1) AND AUTHORIZING THE TOWN
MANAGER/EXECUTIVE DIRECTOR TO EXECUTE CERTIFICATE OF
ACCEPTANCE AND NOTICE OF COMPLETION FOR RECORDING BY THE TOWN
CLERK/SECRETARY. Carried unanimously.
CIVIC CENTER/LIBRARY MASTER PLANNING PROJECT/RESOLUTION 2003-23 (16.32)
Mayor Decker stated that this was the time and place duly noted: To consider adopting
resolution authorizing the Town Manager to amend the professional services as part of the Civic
Center Master Plan Project; and To authorize a budget adjustment increasing the Civic
Center/Library Master Planning Project by $35,000.
The following people spoke to Council regarding the engineering services needed to provide
structural analysis of the current Civic Center buildings.
Pamela Jacobs, Assistant Town Manager, spoke of the preliminary analysis of the existing
conditions of the Civic Center completed last January. This provided an initial awareness of the
issues that affect the continued use, renovation, and expansion of these facilities. At that time
Council expressed interest in having further information regarding the structural condition,
particularly of the Town Hall Facility. A further structural engineering analysis would be used to
assess the costs of renovating or expanding the Civic Center or to continue current uses. The
Neighborhood Center would also be reviewed if necessary due to its use as the emergency
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services center, which is considered an essential service.
Kathleen Dylan, of Biggs-Cardoza, explained that if analysis is done now regarding upgrades
according to the current California Building Code it should still hold in five years with minor
adjustments.
Debra Figone, Town Manager, spoke of completing the master plan and then moving forward to
determine the funding mechanisms for proceeding. She noted that the community and Council
would need to be comfortable with the identified financial vehicles to be used in proceeding with
the Civic Center Master Plan, or any portion of same, before any work actually commenced. She
spoke of the necessity for community input and support before the financial avenues are
identified.
Mr. Glickman and Mr. Pirzynski advised caution concerning financial commitments at this
time due to the downturn in the valley’s financial outlook.
Pamela Anderson-Brule spoke to the following issues: That the Civic Center Master Plan act as
a guide for a long period of time; The delivery of services and the way the Town operates in
order to perform the identified services; Operational solutions identified and weighed against
physical solutions in the performance of those services; Look at the present structures and
analyze the way the space is utilized on a daily basis at this time; What might the use of the
buildings be in the future and what might be the changes in services offered by the Town;
Decisions regarding the location of emergency services for the Town and the deployment of
police services within the Town by analyzing current conditions and future possibilities.
CIVIC CENTER/LIBRARY MASTER PLANNING/RESOLUTION 2003-23/CONT. (16.32)
Speakers continued:
Ms McNutt supported the continued study in analyzing the current structures and identifying the
structural needs, the service needs, and the proposed solutions. She spoke of prioritizing the
issues and addressing those that need immediate attention. She also emphasized the possibility of
just addressing the operational changes and using present day resources to implement rational
adjustments to the Town’s services. She supported all information that can be generated to help
determine those services that offer the most value to our community.
Mr. Wasserman spoke of two major choices which were to construct new facilities or retrofit the
present structures. He asked if we should start with the retrofit study to help determine whether
there was a need to construct new, and also to determine which option would be most cost
effective.
Ms Anderson-Brule noted that during the initiation of this study Council consensus was to move
forward with the concepts of developing the service plan needs, understanding operational issues,
and then determining what level of structural analysis needed to be done. Structural analysis of
existing structures was determined to be valuable at this time.
Mr. Pirzynski asked where we were in the process of having a completed Civic Center Master
Plan. He asked for some additional time to evaluate where we were in the process and to
reconsider the additional funding in light of current budget constraints. He stated his viewpoint
regarding additional funding for this study.
Ms Jacobs noted that the project is close to completion of the Master Plan, and that the plan has
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several components: The Operational Plan; The Space Programing; and Two Design Concepts,
which will become finalized into one. The Site Options and Master Plan Concepts are the costlier
phases which involve maps and plans.
Mr. Glickman spoke of the Town’s position being in a better and clearer position for funding the
whole project when the study first began. He would like additional time to reevaluate the project
during these hard fiscal times.
Ms Anderson-Brule spoke of phasing strategies for the project, and related this to economic
cycles, noting that it is important to be poised and ready to move forward during strong economic
times. This Master Plan is a long term planning tool which will be available at the appropriate
time to bring forward and implement.
Ms McNutt believes that no matter what the economy the Town will always need a functioning
facility that offers services to its community. She cannot imagine a new facility but assumes the
Town will need to rehabilitate its present buildings. She supports the gathering of information to
identify the needs and functions of the present facilities and that plans will be made from those
studies to proceed in an informed manner. She also suggests asking the public to comment on
whether the Town should complete the Plan.
Mr. Pirzynski would prefer to look at the revisions in April, after the current studies and analysis
have been incorporated into the plan. He noted that review and reestablishment of direction may
be in order at that time before the engineering studies are begun. Suggested not approving
additional funding at this time but waiting until April to see what information we have gathered
and how it will be been analyzed.
Ray Davis, speaker, supports structural engineering studies first before other work is done, and
he also spoke against slowing down the process this evening without public comment. He asked
that any additional funds be expended toward traffic safety improvements.
No one else from the audience addressed this item.
CIVIC CENTER/LIBRARY MASTER PLANNING/RESOLUTION 2003-23/CONT. (16.32)
Motion by Mayor Decker, seconded by Ms McNutt, that Council adopt Resolution 2003-23
entitled, RESOLUTION OF TOWN OF LOS GATOS AUTHORIZING THE TOWN
MANAGER TO AMEND THE PROFESSIONAL SERVICES AGREEMENT WITH
ANDERSON BRULE ARCHITECTS TO PROVIDE STRUCTURAL ENGINEERING
SERVICES AS PART OF THE CIVIC CENTER/LIBRARY MASTER PLAN PROJECT
AND AUTHORIZING A BUDGET ADJUSTMENT INCREASING THE CIVIC CENTER/
LIBRARY MASTER PLANNING PROJECT BY $35,000. Carried by a vote of 3 ayes. Mr.
Glickman, and Mr. Pirzynski, voted no for reasons noted above.
COUNCIL MATTERS (17.28)
YOUTH AND ALCOHOL/COMMUNITY PARTNERSHIP
Report was presented by staff to Council concerning a community partnership, youth and alcohol
workshop, scheduled for Saturday, March 8, 2003.
Chief Seaman gave an update on the progress of the committee and spoke of the event that will
be taking place this Saturday. He noted that the workshop would allow for participants to discuss
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the issues with one another and formulate plans and activities for the future. He spoke of the
facilitated group discussions that will take place after the initial formulation of the topics for the
day, and he also noted the core of volunteers and facilitators who will be participating. He
expects broad participation from the community and at 5 p.m. a barbeque will be in place to serve
the participants. Ideas and projects should surface from this event and hopefully volunteers will
be identified to begin work on these subjects and projects related to creating a safe environment
for our youth.
Ray Davis approved of the meeting that is to be held this Saturday and he reaffirmed his interest
in traffic safety issues in various locations of Los Gatos.
Council Member Glickman thanked the Chief for the wonderful skateboard park activity that
took place this last weekend at the Civic Center.
Council Member Wasserman noted the number of topics to be presented at this workshop and
believes that there will be many people attending to work on these issues. He noted the motto
“Passion to be Alive and Loving Life.”
Lexington Reservoir/SCValley Water District:
Council Member McNutt spoke of the upcoming meeting to be held on March 13, 2003, in the
Los Gatos Neighborhood Center to discuss repair of Leniham Dam at Lexington Reservoir.
ADJOURNMENT
Mayor Decker closed this evening’s meeting at 10:58 p.m.
ATTEST:
Marian V. Cosgrove
Town Clerk
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