M 11-03-03TOWN OF LOS GATOS
CALIFORNIA
TOWN COUNCIL/PARKING AUTHORITY
JOINT REDEVELOPMENT AGENCY
November 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, November 3,
2003, in joint regular session.
MAYOR’S ANNOUNCEMENT
Mayor Decker commented on the Study Session and the consideration of the Town Budget for the
coming years. She noted that it is the Town’s intention to continue the Reservoir Road Hearing to
the December 1, 2003 regular Council meeting. She also spoke in appreciation of the local firemen
who volunteered to aid in the containment of the Southern California wildfires.
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 not met in Closed Session this evening.
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 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.
SCHEDULE OF PUBLIC HEARINGS (01.28)
Motion by Mr. Pirzynski, seconded by Mr. Glickman, that Council accept and file informational
report regarding currently scheduled public hearings. Carried unanimously.
COUNCIL CALENDAR OF MEETINGS (02.28)
Motion by Mr. Pirzynski, seconded by Mr. Glickman, that Council accept the November and
December, 2003, Town’s Calendar of Meetings. Carried unanimously.
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Town Council Minutes November 3, 2003
Redevelopment Agency Los Gatos, California
RATIFICATION OF PAYROLL/SEPTEMBER-OCTOBER 2003 (03.V)
Motion by Mr. Pirzynski, seconded by Mr. Glickman, that Council ratify the check register for
payroll of September 28, 2003 through October 11, 2003 paid on October 17, 2003 in the amount of
$550,378.67. Carried unanimously.
ACCOUNTS PAYABLE/RATIFICATION/OCTOBER 2003 (04.V)
Motion by Mr. Pirzynski, seconded by Mr. Glickman, that Council ratify the accompanying check
registers for accounts payable invoices paid on October 10, 2003 and October 17, 2003 in the
amount of $374,637.79. Carried unanimously.
MINUTES OF OCTOBER 6, 2003 (05A.V)
Motion by Mr. Pirzynski, seconded by Mr. Glickman, that Council approve the Minutes of
October 6, 2003, Joint Town Council/Redevelopment Agency Meeting as submitted Carried
unanimously.
MINUTES OF OCTOBER 20, 2003 (05B.V)
Motion by Mr. Pirzynski, seconded by Mr. Glickman, that Council approve the Minutes of
October 20, 2003, Joint Town Council/Redevelopment Agency Meeting as submitted Carried
unanimously.
THINK CENTER/COMPUTER WORKSTATION/GRANT TO LIBRARY/FROM IBM (06.42)
Motion by Mr. Pirzynski, seconded by Mr. Glickman, that Council accept the computer
workstation grant from IBM corporation to the Los Gatos Public Library. Carried unanimously.
COMMUNITY SERVICES COMMISSION/MEMBERSHIP/RESOLUTION 2003-133 (07.12)
Motion by Mr. Pirzynski, seconded by Mr. Glickman, that Council accept the Community
Services Commission (CSC) recommendation to reduce the number of CSC adult commissioners
from nine (9) to seven (7), and adopt Resolution 2003-132 entitled, RESOLUTION OF THE
TOWN OF LOS GATOS AMENDING THE COMMUNITY SERVICES COMMISSION
ENABLING RESOLUTION. Carried unanimously.
LIBRARY SELF-CHECK/JOINT POWERS AGREEMENT/RESOLUTION 2003-126 (08.32)
Motion by Mr. Pirzynski, seconded by Mr. Glickman, that Council adopt Resolution 2003-126
entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING BUDGET
EXPENDITURE OF $27,000 FROM MANAGER’S PRODUCTIVITY CONTINGENCY
FUND FOR PURCHASE OF SELF CHECK SOFTWARE, EQUIPMENT AND SERVICES
FROM “CHECKPOINT SYSTEMS, INC.” Carried unanimously.
BULLETPROOF VESTS/DEPARTMENT OF JUSTICE GRANT/RESOLUTION 2003-127 (09.36)
Motion by Mr. Pirzynski, seconded by Mr. Glickman, that Council adopt Resolution 2003-127
entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN
MANAGER TO ACCEPT GRANT FUNDS FROM THE UNITED STATES DEPARTMENT
OF JUSTICE TO PURCHASE BULLETPROOF VESTS THROUGH THE BULLETPROOF
VEST PARTNERSHIP PROGRAM, and authorize 2003/2004 fiscal year budget increase in grant
funding in the amount of $6,660.04. Carried unanimously.
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Town Council Minutes November 3, 2003
Redevelopment Agency Los Gatos, California
TRAFFIC SAFETY/SEAT BELT GRANT FUNDS/RESOLUTION 2003-128 (10.36)
Motion by Mr. Pirzynski, seconded by Mr. Glickman, that Council adopt Resolution 2003-128
entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN
MANAGER TO ACCEPT GRANT FUNDS FROM STATE OF CALIFORNIA OFFICE OF
TRAFFIC SAFETY FOR THE PURPOSE OF PARTICIPATING IN THE CALIFORNIA
SEAT BELT COMPLIANCE CAMPAIGN, and authorize 2003/2004 fiscal year budget increase
in grant funding in the amount of $8,089. Carried unanimously.
“LOT AREA”/AMENDMENT OF TOWN CODE DEFINITION/ORDINANCE 2121 (11.38)
Motion by Mr. Pirzynski, seconded by Mr. Glickman, that Council adopt Ordinance 2121
entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING TOWN CODE
SECTION 29.10.020 (DEFINITION OF “LOT AREA”), which was introduced at the Council
meeting of October 20, 2003. Carried unanimously.
PROJECT 0217/STREET REPAIR & RESURFACING/RESOLUTIONS 2003-129 & 2003-28RD
(12.24)
.Motion by Mr. Pirzynski, seconded by Mr. Glickman, that Council/Agency adopt Resolutions
2003-129 & 2003-28RD entitled, RESOLUTION OF THE TOWN COUNCIL AND
REDEVELOPMENT AGENCY OF THE TOWN OF LOS GATOS ACCEPTING WORK OF
SILICON VALLEY PAVING, INC. FOR PROJECT 0217 - FY 2002-2003 STREET REPAIR AND
RESURFACING PROGRAM AND AUTHORIZING THE TOWN MANAGER/EXECUTIVE
DIRECTOR TO EXECUTE CERTIFICATE OF ACCEPTANCE AND NOTICE OF
COMPLETION FOR RECORDING BY THE TOWN CLERK/AGENCY SECRETARY. Carried
unanimously.
VERBAL COMMUNICATIONS (XX.28)
Traffic Safety on Blossom Hill at Short:
Paul Izor spoke of his safety concerns when retrieving his mail on Blossom Hill Road. He
introduced the Postmaster who also supported the facts that the traffic is unsafe for the postal
workers to deliver at that location. Mayor Decker asked Mr. Izor to speak with Public Works
Director, John Curtis, regarding solutions to this situation.
Golf Balls and Car Canopies on Wedgewood:
Mark Medalie spoke of his ongoing concerns with the use permit for the golf club and the stray
balls arriving on his property. He noted the safety issues and neighbors’ concerns. He also spoke of
a past Council suggesting that he pay the fees for his variance request before the Town reviewed his
application and that he could request a waiver of these fees when the issue was closed. Mayor
Decker asked that he speak with the Director of Community Development, Bud Lortz, concerning
his request.
School Traffic Safety Issues:
Ray Davis addressed the lack of sufficient traffic speed signs in the school zone areas and asked
that the issue be addressed by staff. He requested that the radar signs that are present in the Daves
and Fisher crossing areas be placed at the Van Meter and Blossom Hill school zones also.
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Town Council Minutes November 3, 2003
Redevelopment Agency Los Gatos, California
LOS GATOS RESIDENT SATISFACTION SURVEY/COMMUNITY SERVICES (15.39)
Pamela Jacobs introduced Brian Godbe of Godbe Research Associates who presented data on the
survey that was done and gave explanations of the methods used and the information compiled.
Brian Godbe noted that the survey results revealed a high level of satisfaction with the quality of
life in Los Gatos and with the Town services. With the continuing budget constraints he suggested
continued communication with the community to measure satisfaction and keep voters informed
about the fiscal challenges the Town is facing.
Ray Davis, spoke regarding the format of the survey, and of his dissatisfaction with the Town
services. He asked for specific action on making the streets safer for children going to school, and
that this subject appear on future surveys.
Council Consensus to accept and file report on Town of Los Gatos Residential Satisfaction Survey.
PUBLIC HEARINGS
BLOSSOM HILL ROAD 615/FIRE ACCESS ROAD/CUPERTINO DEVELOPMENT (16.15)
Mayor Decker stated that this was the time and place duly noted for public hearing to consider a
Planning Commission recommendation to approve a modification to the official development plan
for an approved Planned Development to eliminate an emergency access fire road on property
zoned RM:5-12:PD. Planned Development Application PD-04-1. APNS 529-16-026, 042, 073 &
529-14-012. Property Location: 615 Blossom Hill Road. Property Owner/Applicant: Cupertino
Development.
The following people from the audience addressed this issue:
Roger Griffin, representing Paragon Design Group, explained the reasoning and gave the
assurances regarding the request for abandonment of the fire access road/ and the use of this access
as a pedestrian trail with gates restricting any vehicular access.
Richard Ryan, resident of the area, asked for reassurances that additional traffic would not be
accessing his neighborhood or using it for a parking lot. Mayor Decker explained that he could
bring any future concerns he might see to the Director of Community Development for resolution.
There were no other speakers from the audience.
Mayor Decker closed the public hearing.
The Town Clerk read the Title of the Proposed Ordinance.
Motion by Mr. Glickman, seconded by Mr. Pirzynski, to waive the reading of the Proposed
Ordinance. Carried unanimously.
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Town Council Minutes November 3, 2003
Redevelopment Agency Los Gatos, California
PUBLIC HEARINGS CONTINUED
BLOSSOM HILL ROAD 615/FIRE ACCESS ROAD/CUPERTINO DEVELOPMENT/CONT.
(16.15)
Motion by Mr. Glickman, seconded by Mrs. Decker, that Council find that the zone change is
consistent with the General Plan as shown in Attachment I of this evening’s Council Report, and
that Council introduce the modification to the Planned Development Ordinance (Attachment 2)
entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING ORDINANCE 2081
RELATING TO MODIFICATIONS TO A PERFORMANCE STANDARD AND SITE PLAN
TO ELIMINATE AN EMERGENCY ACCESS FIRE ROAD EFFECTING A ZONE
CHANGE FROM R-1:8 AND RM:5-12 TO RM:5-12 PD FOR PROPERTY AT 517
BLOSSOM HILL ROAD, 615 BLOSSOM HILL ROAD AND PARCELS BORDERING
PLACER OAKS DRIVE. Carried unanimously.
SANTA CRUZ AVENUE 217/BEER & WINE/RESTAURANT CUP MODIFICATION (17.15)
Mayor Decker stated that this was the time and place duly noted for public hearing to consider
recommendation of Planning Commission for approval to modify a conditional use permit to serve
beer and wine with meals for an existing restaurant on property zoned C-2. APN 510-17-091.
Conditional Use Permit U-04-2. Property Location: 217-A No. Santa Cruz Ave. Property Owner:
Rugani Family Partnership. Applicant: Visit Taveethamcarden.
The following people from the audience addressed this subject.
Randy Reedy, Attorney for the Applicant, spoke of the quality restaurant that was to open in this
location and asked that Council grant the request.
No one else from the audience addressed this issue.
Mayor Decker closed the public hearing.
Motion by Ms McNutt, seconded by Mr. Glickman, to approve the request for the modification of
the conditional use permit for a restaurant to sell beer and wine with meals with three changes to the
conditions of approval as follows: 1) Section 1. The word “Thai” will be eliminated from this
section; 2) Section 2. Six of the thirty two seats can be located outside at the discretion of the
owner; 3) The hours of operation in Sections 3 & 4 shall coincide. (10:00 am to 10:00 pm Sunday
through Thursday, and 10:00 am to 12:00 am Friday & Saturday.) Carried unanimously.
HOUSING ELEMENT/GENERAL PLAN AMENDMENT/RESOLUTION 2003-130 (18.38)
Mayor Decker stated that this was the time and place duly noted for public hearing to consider
recommendation of Planning Commission to amend the General Plan to update the Housing
Element to meet State Department of Housing & Community Development requirements for
certification. General Plan Amendment GP-04-1. Applicant: Town of Los Gatos.
Bud Lortz, Director of Community Development, spoke of minor modifications to the General
Plan and some changes to the technical appendix that satisfy the State’s interest in the Town’s
housing program. The State has indicated that once the changes are made they will certify the
Town’s Housing Element. These amendments have been to both the Planning Commission and the
General Plan Committee who have supported the changes.
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Town Council Minutes November 3, 2003
Redevelopment Agency Los Gatos, California
PUBLIC HEARINGS CONTINUED
HOUSING ELEMENT/GENERAL PLAN AMENDMENT/RESOLUTION 2003-130/CONT. (18.38)
There was no one from the audience to address this issue.
Mayor Decker closed the public hearing.
Motion by Mr. Pirzynski, seconded by Mr. Wasserman, that Council find that the Housing Element
update is internally consistent with the General Plan. Carried unanimously.
Motion by Mr. Pirzynski, seconded by Mrs. Decker, that Council adopt Resolution 2003-130
entitled, RESOLUTION OF THE TOWN OF LOS GATOS AMENDING THE GENERAL PLAN
HOUSING ELEMENT AND THE TECHNICAL APPENDIX. Carried unanimously.
SUPPLEMENTAL LAW ENFORCEMENT SERVICES (SLESF)/RESOLUTION 2003-131 (19.36)
Motion by Mr. Pirzynski, seconded by Mr. Glickman, that Council adopt Resolution 2003-131
entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE CONTINUED
USE OF SUPPLEMENTAL LOCAL LAW ENFORCEMENT FUNDS (SLESF) TO PROVIDE
FUNDING FOR ONE (1) FULL-TIME POLICE OFFICER ASSIGNED AS A MOTORCYCLE
TRAFFIC OFFICER AND ONE (1) FULL-TIME SCHOOL POLICE OFFICER ASSIGNED AS A
SCHOOL RESOURCE OFFICER. Carried unanimously.
ANIMAL CONTROL/SVACA/JOINT POWERS AGREEMENT (20.36)
Mayor Decker stated that this was the time and place duly noted to consider and accept the staff
report and provide direction on alternative service delivery models for animal control.
Alana Forrest, Police Captain, outlined some alternative service delivery models for Council’s
consideration. She spoke of three options: 1) Continued participation within the JPA for field
services and shelter; 2) Enter into contract negotiation with the City of San Jose for field and shelter
services; 3) Provide our own field services and contract with San Jose for shelter services.
Stan Bogosian, Council Member from Saratoga, representing the Board of SVACA, spoke in
support of the JPA and asked for Council’s continued help and commitment to this project.
Jane Kennedy, Council Member from Campbell, spoke in support of the SVACA activities and the
work and planning that has gone into this proposal. She spoke of continued commitment from the
participating cities needed to keep the costs down as the program develops. She spoke of the
ongoing work that has been accomplished so far.
Aldyth Parle, Council Member from Santa Clara, spoke in support of continued success for the
Animal Shelter. She asked for Council’s ongoing support and continued participation.
Jon Cicirelli, Deputy Director for the City of San Jose, clarified the animal services offered by the
City and the various costs for those services. He noted that Los Gatos could purchase from several
assorted options according to its needs and resources and also have the ability to augment or down
grade those services according to contract and current budget concerns. He spoke strongly of their
commitment to customer service and their ability to provide the custom service requested by the
Town.
Deborah Biggs, Executive Director of SVACA, thanked the Town for all its efforts with the JPA
over the last 2½ years as the field services were implemented.
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Town Council Minutes November 3, 2003
Redevelopment Agency Los Gatos, California
ANIMAL CONTROL/SVACA/JOINT POWERS AGREEMENT/CONT.
Council Comments:
Council considered the years of work with SVACA and the good field service that has been
provided. They also spoke of the economic times forcing different considerations and the need to
continue contract negotiations with the City of San Jose to provide animal services which can be
tailored to the Town’s individual budget requirements. A report on these negotiations will return to
Council by December 15, 2003 and may include further information and service proposals from
SVACA at that time.
Motion by Mr. Glickman, seconded by Mr. Pirzynski, to accept the report and authorize staff to
proceed with contract negotiations with the City of San Jose. Carried unanimously.
ADMINISTRATIVE CITATION/ADMINISTRATIVE REMEDIES PROCESS (21.37)
Mayor Decker stated that this was the time and place duly noted to consider a policy discussion
regarding whether to establish an administrative citation and administrative remedies process.
Orry Korb, Town Attorney, gave an overview of the report and related issues, including
information concerning cost recovery and additional administrative burdens and expenses.
Council Consensus was given to go forward on the work for these procedures, after Council had
held some discussion on whether to establish an administrative citation and administrative remedies
process, and how the process would be administered.
COUNCIL MATTERS (22.28)
Mayor Deckerdrew attention to a letter from Paul Dubois asking that additional review be given to
our recently amended Tree Ordinance and newly adopted Hillside Standards in light of the recent
and devastating fires in Southern California.
MANAGER MATTERS (23.28)
Alive and Loving Life Update:
Scott Seaman, Chief of Police, invited Council on November 15th, between 1:00 pm and 5:00 pm to
the Town Plaza for a planned celebration for the first part of the school year for the spirits and
efforts of the Alive and Loving Life group. This event will be centered around music. There will be
four bands scheduled to play, food will be available, there will be fun activities planned and time for
kids and cops to interact. There will be a climbing wall, radio controlled race cars and a tattoo
booth.
WiFi in the Plaza was announced for November 12 th at 10:00 am. People are asked to bring their
lap tops to the Plaza and try out the new service that is being offered.
ADJOURNMENT
Mayor Decker closed this evening’s meeting at 10:20 p.m.
ATTEST:
Marian V. Cosgrove
Town Clerk
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