M 09-02-03TOWN OF LOS GATOS
CALIFORNIA
TOWN COUNCIL/PARKING AUTHORITY
JOINT REDEVELOPMENT AGENCY
September 2, 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 7:00 p.m., Tuesday, September 2,
2003, in joint regular session.
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.
ANNOUNCEMENTS
Mayor Decker announced the dedication of the bandstand at Oak Meadow Park September 6, 2003.
Councilmember Pirzynski announced the Screen on the Green September 12, 2003.
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 pursuant to
Government Code Section 54956.9(b)(3)(D) regarding threatened litigation concerning existing
facts and circumstances that are found in a statement made by Jeff Dennison during the meeting of
the Town Council on June 16, 2003 that “the Town is opening itself up to significant, costly and
long litigation...” should it adopt a Second Unit Ordinance in the form then under discussion.
Council discussed the issue but no final actions were taken.
BUSINESS COMMENDATION/MOUNTAIN MIKE’S PIZZA/JIM JOHNSON (00.28)
Council Member Wasserman presented Town Commendation to Jim and Paula Johnson of
Mountain Mike’s Pizza, and spoke of the years the propriorters and this business have served our
community. Mr. and Mrs. Johnson were present to receive their commendation and express their
appreciation and their continued commitment to Los Gatos.
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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 September and
October 2003, Town’s Calendar of Meetings. Carried unanimously.
RATIFICATION OF PAYROLL/AUGUST 2003 (03.V)
Motion by Mr. Pirzynski, seconded by Mr. Glickman, that Council ratify the check register for
payroll of August 3, 2003 through August 16, 2003 paid on August 22, 2003 in the amount of
$570,105.39. Carried unanimously.
ACCOUNTS PAYABLE/RATIFICATION/AUGUST 2003 (04.V)
Motion by Mr. Pirzynski, seconded by Mr. Glickman, that Council ratify the accompanying check
registers for accounts payable invoices paid on August 15, 2003 and August 22, 2003 in the amount
of $1,178,277.51. Carried unanimously.
TREASURER’S REPORT (05.02)
Motion by Mr. Pirzynski, seconded by Mr. Glickman, that Council accept and file informational
reports submitted by the Treasurer to the Council for the months ended June 30, 2003 and July 31,
2003. Carried unanimously.
MINUTES OF AUGUST 18, 2003 (06.V)
Motion by Mr. Pirzynski, seconded by Mr. Glickman, that Council approve the Minutes of August
18, 2003, Regular Joint Town Council/Redevelopment Agency Meeting as amended with this
evening’s desk item. Carried unanimously.
TOWN POSITIONS/FOR YEAR 2003/LEAGUE OF CALIFORNIA CITIES RESOLUTIONS
(07.28)
Motion by Mr. Pirzynski, seconded by Mr. Glickman, that Council approve recommended Town
positions for two (2) resolutions to be considered at the League of California Cities (LOCC) Annual
Conference on September 7-10, 2003. Carried unanimously.
SANTA CRUZ AVE N 330/RESTAURANT HOURS/RESOLUTION 2003-98 (09.15)
Motion by Mr. Pirzynski, seconded by Mr. Glickman, that Council adopt Resolution 2003-98
entitled, RESOLUTION OF THE TOWN OF LOS GATOS APPROVING REQUEST TO
MODIFY A CONDITIONAL USE PERMIT TO INCREASE THE HOURS OF OPERATION
AND TO MODIFY TERMS OF SERVICE OF ALCOHOLIC BEVERAGES FOR A
RESTAURANT ON PROPERTY ZONED C-2. Carried unanimously.
PROJ: 0201/BLOSSOM HILL RD/SIDEWALK CONSTRUCTION/RESOLUTION 2003-106 (10.24)
Motion by Mr. Pirzynski, seconded by Mr. Glickman, that Council adopt Resolution 2003-106
entitled, RESOLUTION OF THE TOWN OF LOS GATOS ACCEPTING WORK OF
GOLDEN BAY CONSTRUCTION COMPANY FOR PROJECT 0201 - BLOSSOM HILL
ROAD SIDEWALK CONSTRUCTION AND AUTHORIZING THE TOWN MANAGER TO
EXECUTE CERTIFICATE OF ACCEPTANCE AND NOTICE OF COMPLETION FOR
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RECORDING BY THE TOWN CLERK. Carried unanimously.
SAFE NEIGHBORHOOD PARKS, CLEAN WATER, CLEAN AIR AND COASTAL PROTECTION
BOND ACT OF 2002/PER CAPITA GRANT PROGRAM/RESOLUTION 2003-107 (11A.33)
Motion by Mr. Pirzynski, seconded by Mr. Glickman, that Council adopt Resolution 2001-107
entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN
MANAGER TO APPLY FOR GRANT FUNDS FOR THE PER CAPITA GRANT
PROGRAM UNDER THE SAFE NEIGHBORHOOD PARKS, CLEAN WATER , CLEAN
AIR AND COASTAL PROTECTION BOND ACT OF 2002. Carried unanimously.
SAFE NEIGHBORHOOD PARKS, CLEAN WATER, CLEAN AIR AND COASTAL PROTECTION
BOND ACT OF 2002/ROBERTI-Z’BERG-HARRIS GRANT/RESOLUTION 2001-108 (11B.33)
Motion by Mr. Pirzynski, seconded by Mr. Glickman, that Council adopt Resolution 2001-108
entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN
MANAGER TO APPLY FOR GRANT FUNDS FOR THE ROBERTI Z’BERG-HARRIS
BLOCK GRANT PROGRAM UNDER THE CALIFORNIA SAFE NEIGHBORHOOD
PARKS, CLEAN WATER, CLEAN AIR AND COASTAL PROTECTION BOND ACT OF
2002. Carried unanimously.
AMENDMENT OF TOWN CODE/INDEMNIFICATION OF TOWN/ORDINANCE 2116 (12.37)
Motion by Mr. Pirzynski, seconded by Mr. Glickman, to adopt Ordinance 2116 entitled,
ORDINANCE OF THE TOWN OF LOS GATOS AMENDING CHAPTER 1 OF THE
MUNICIPAL CODE AND ADDING SECTION 1.10.115 REQUIRING THAT APPLICANTS
DEFEND AND INDEMNIFY THE TOWN IN LEGAL CHALLENGES TO THE ISSUANCE
OF PERMITS, LICENSES, ENTITLEMENTS OR APPROVALS. Carried by a vote of 4 ayes.
Ms McNutt voted no as reflected in prior record.
VERBAL COMMUNICATIONS (XX.28)
Grading on Shady Lane:
Ray Davis spoke of grading activities taking place on Shady Lane at this time and the damage to
the hillside and the ridgeline. He also addressed the lack of sufficient traffic speed signs in the
school zone areas and asked that the issue be addressed by staff.
Solar Panels and Screening:
Barry Cinnamon, President of Akeena Solar, asked for approval of one of his screening options
that he has installed for review and consideration on University.
William Maston, spoke concerning photo voltaic cells and the use of solar panels as an
architectural element.
Los Gatos High School Theater Project:
Joanne Rodgers spoke concerning the theater renovation and the use of this facility as a
community resource for our Town. She requested a grant from the Town of eighty-five thousand
dollars a year for four years to help meet the necessary funding goal for this project.
Ray Alsworth spoke of the Community Concert Series and supported the efforts to rehabilitate the
school theater so as to offer a better venue for future productions.
Kendall Bartlett, high school student, spoke in support of the theater project and asked Council for
their support.
Dick King spoke in support of the fund raising activities that are in progress for the rehabilitation of
the high school theater.
Diana Pleasant, thanked Council for all of the support that has been given to this project so far.
She requested a meeting with Council to explore the benefits that this project will bring to the
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community and to consider further avenues of assistance the Town could offer to the ongoing
efforts.
Music in the Plaza:
John Tice spoke of holding a public hearing on the location of the summer music series. He
believes there is considerable support to bring the events back to the Town Plaza.
PUBLIC HEARINGS
There were no public hearings held this evening.
INFORMATION TECHNOLOGY STRATEGIC PLAN (08.42)
Pamela Jacobs, Assistant Town Manager, explained that staff was seeking Council’s acceptance of
the IT Plan as a framework for decision-making related to technological enhancements for the
Town. She also noted that the advances in technology and changing community needs and
expectations require that the Town continually assess opportunities to improve the way it uses
technology to provide and improve services to the community and to establish a framework for
making technological investment decisions.
Council Questions and Ms Jacobs response:
The investments in technology and training are eventually offset by long term savings as online
services become more readily available to the public. Before a full redesign of the web site would
be implemented, an on-line permitting service could be offered to the public. Acceptance of credit
cards for payments are being evaluated to augment the e-permitting process. A call center for
customer inquiry and follow up is a module in the asset management system which is in this year’s
budget. The call center would be offered as an enhancement to the personal service already offered
to the public and received at the counter, rather than as a replacement for personal service. When
tracking by individuals and forming a comprehensive picture of each customer, we will address the
privacy issues involved and who has access and how. The use of a wireless infrastructure was also
discussed, and the desire to keep broadcasting available for Council and Commission meetings. A
disaster recovery system is in place, and a written plan will be completed. Significant
improvements have been made to our website this year. Training of staff should be fundamental in
the implementation of any new technology program.
Motion by Mr. Glickman, seconded by Ms McNutt, that Council accept Information Technology
Strategic Plan for the Town of Los Gatos . Carried unanimously.
OTHER BUSINESS
LEADERSHIP LOS GATOS/STATUS REPORT (16.28)
Chris Miller, praised the program having been through it in 2001-02. He suggested heightened
recruitment efforts to encourage more participants.
Motion by Mr. Pirzynski, seconded by Ms McNutt, that Council accept report regarding the state
of the 2002-03 Leadership Los Gatos program. Carried unanimously.
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PERSONAL SERVICE BUSINESS/GROUND FLOOR/URGENCY ORDINANCE 2117 (17.38)
Bud Lortz, Director of Community Development, introduced the item and spoke of the history of
personal service businesses listing those in the downtown area and asked Council to consider this
matter and how these services in the downtown might be regulated. Mayor Decker then asked for
comments from the audience.
The following people from the audience addressed the Council on this issue:
Jennifer Taroni spoke of her retail store which offered personal services at the Opera House. She
noted the high end retail that will be displayed in her windows.
Sallie Robbins-Druian does not support personal services that affect her business. Asked that they
be permitted on the second story only so as not to negatively impact existing businesses in Los
Gatos.
OTHER BUSINESS CONTINUED
PERSONAL SERVICE BUSINESS/GROUND FLOOR/URGENCY ORDINANCE 2117/CONT.
Speakers continued:
Don Callahan noted that the customers to these businesses tend to come to Town to be pampered
and beautified and then they shop and lunch before going home.
Angela Smith spoke of her partner who was already in business in Los Gatos and how they had
their application and permits in the process, merchandise already purchased and lease signed.
Mike Kinderman located on University Ave, spoke of the benefits of this business to the Town.
Carol Hamilton spoke of the history of her building in trying to meet the requests of the Town, and
noted that her present tenants were looking forward to opening very soon.
Sharman Bacigalupi spoke of the many boutiques that had previously been at the location she is
planning to open in, and that she had begun this permit process back in July.
Larry Cohan spoke of fairness and being up front on all decisions to be made.
Linda Lubeck asked that this ordinance not be adopted. Rather, the Town should consider
regulations of this type judiciously and slowly and that the legislation be worked out with additional
study and consideration.
Josh Bacigalupi asked that the business market regulate itself and that Council not micro manage.
Marlene Rodman supported free enterprise and everyone’s right to operate a business and asked
that Council not impose restrictions.
Harry Max noted that his concerns about allowing projects in the pipeline to proceed had been met
by the comments he had heard and by those stated by Council.
Mike Taroni noted that they had signed their lease and made their retail purchases but had not yet
received their building permit.
Laura Moore spoke of living in Los Gatos for twenty years and was in favor of the Council
looking at the current mix of businesses and making adjustments.
At this point Councilmembers Decker, Glickman and Pirzynski noted that Council did not want to
be unfair or cause problems with business arrangements that were already in progress or renege on
permits that have already been applied for although they felt that it may be time for an urgency
ordinance to be implemented.
Speakers continued:
Shirley Henderson noted that there were too many hair salons in Town and that Los Gatos had
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become a destination point for hair, nails and food. She asked Council to restrict personal service
businesses and to also take into account the amount of parking needed to support these services.
Sue Farwell asked that more thought be given to this issue since an urgency ordinance should be
used for safety or health concerns. She suggested four or five months to consider the subject before
passing an ordinance.
No one else from the audience addressed this subject.
Council Comments:
Mr. Glickman believes there is a potential for a problem and there may be cause for harm due to
the nature of the impact that these businesses might have. He supported the ordinance if the hold
was on new applications but not on any that have already started their process.
Ms McNutt does not want anyone affected that has already made an investment in their new
business. She spoke of people coming to Town to enjoy the total Los Gatos experience which
included tanning, yoga, nails, hair, spa, lunch and shopping. She spoke about watching this issue
closely and being cautious but did not believe that an urgency ordinance was needed at this time.
Mr. Wasserman felt that he needed more information before he could make a decision. The issue
of retail vs office or personal service needed to be spelled out in more detail for him, but he thinks
that those people who came to the Town’s building department and were told they could move
forward should be allowed to proceed.
OTHER BUSINESS CONTINUED
PERSONAL SERVICE BUSINESS/GROUND FLOOR/URGENCY ORDINANCE 2117/CONT.
Council Comments continued:
Mrs. Decker spoke to the Town’s vitality being hampered by a proliferation of this type of personal
service business. She would like to see more retail on the first floor.
Mr. Pirzynski would like a more enhanced definition of who is in the pipeline and who has been
told they can move forward with committed resources and signed leases. He would also like more
information about the total mix of businesses in the downtown to make an informed decision. He
would pass an urgency ordinance to keep others offering these services on hold until decisions can
be made on how to proceed.
Motion by Ms McNutt, seconded by Mr. Glickman, that Council introduce and adopt Urgency
Ordinance entitled, URGENCY ORDINANCE OF THE TOWN OF LOS GATOS
PROHIBITING THE APPROVAL OF APPLICATIONS FOR PERSONAL SERVICE
BUSINESSES LOCATED ON THE GROUND FLOOR IN THE C2 CENTRAL BUSINESS
DISTRICT COMMERCIAL ZONE, which will put a moratorium on personal services businesses
for a short period of time while we look at this situation and which will keep in the pipeline any
business that currently has paper work already on file or by Friday, September 5, 2003 comes into
Town Hall and files an application of intent to have a personal services business in the C2 District.
Motion failed with a vote of 3 Noes and 2 Ayes.
Motion by Mr. Glickman, seconded by Mr. Pirzynski, that Council introduce and adopt Urgency
Ordinance 2117 entitled, URGENCY ORDINANCE OF THE TOWN OF LOS GATOS
PROHIBITING THE APPROVAL OF APPLICATIONS FOR PERSONAL SERVICE
BUSINESSES LOCATED ON THE GROUND FLOOR IN THE C2 CENTRAL BUSINESS
DISTRICT COMMERCIAL ZONE, and that the applicant has either presented an application by
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August 29, 2003 or has signed a lease for the rental of a space to operate a personal business by that
same date. Carried by a vote of four ayes. Ms. McNutt voted no.
RECESS CALLED AT 9:50
Mayor Decker reconvened the meeting at 9:55 p.m.
PERSONAL SERVICE BUSINESS/GROUND FLOOR/URGENCY ORDINANCE 2117/CONT.
Mayor Decker noted that some additional motions needed to be made on this item.
The Town Clerk read the Title of Urgency Ordinance 2117.
Motion by Mrs. Decker, seconded by Mr. Glickman, to waive the reading of Urgency Ordinance
2117. Carried unanimously.
ADVANCED PLANNING WORK PROGRAM/FISCAL YEARS 2003-2004 AND 2004-2005 (18.38)
Bud Lortz, Director of the Community Development, explained the work plan and its coordinating
elements. He spoke of the research, study, generation of reports and regulations and then the
presentation to Council through the public review process. Those projects included in the work plan
over the next two years are the Hillside Development Standards and Guidelines; the Housing
Element Certification needed from the State; the development of Commercial Design Guidelines;
Personal Services Businesses; the North Forty Specific Plan; and the Residential Design Guidelines
for pre-1941 structures and Residential Design Guidelines for residential and two family dwellings.
OTHER BUSINESS CONTINUED
ADVANCED PLANNING WORK PROGRAM/FISCAL YEARS 2003-2004 AND 2004-2005
Council Comments:
Council suggested that certain of the issues discussed under Commercial Design Guidelines be
included in the Residential Guidelines study also, specifically architectural compatibility when
integrating some of the new solar technologies. There was also discussion about coordinating
procedures so that applicants can have all of the information and procedures explained at one time.
That a customer might be able to receive a package of materials which could also be coordinated
with Public Works and explain as many procedures as possible throughout the various departments
the applicant may need to access.
Motion by Mr. Glickman, seconded by Ms McNutt, that Council approve the proposed advanced
planning project priorities as set forth in the Advanced Planning Work Program for Fiscal Year
2003-2004 and Fiscal Year 2004-2005. Carried unanimously.
SECOND DWELLING UNIT ORDINANCE/PUBLIC HEARING (19A & B.38)
Mayor Decker stated that this was the time and place duly noted to consider: A) adopting ordinance
amending the Town Code Division 7, Sections 29.10.305 through 29.10.320, Section 29.10.320 and
Section 29.20.185(8)a, regarding Second Dwelling Units (Introduced on 6/16/03); and B) adopting
resolution adopting revised Below Market Price Housing Program Guidelines.
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Bud Lortz, Director of Community Development, spoke of the research done on the issues related
to the mandatory affordability provision contained in the proposed second unit ordinance. He noted
an alternative approach would be to provide financial incentives for income and rent restricted
second units. This could be accomplished through the Town’s below market price program by
creating an additional program for second units that is voluntary on the part of the property owner.
The BMP funds and the Redevelopment 20% set-a-side can then be used to provide low or no
interest loans for producing affordable housing through this second unit program
The following people from the audience addressed this item:
Natalie Cardenas, representing Silicon Valley & Santa Clara County Association of Realtors and
the Non Profit Trade Association for the realtor community in Los Gatos, appreciated what the Director of
Community Development had to say about the proposed changes to the ordinance and the work that will be
done with the BMP policies. She liked the way staff had worked outside the box and presented its
proposals. She will be interested in seeing the final ordinance and resolution.
Don Callahan thanked Council for the work it was doing and asked for another month to study and
work on the issue.
Phil Rhodes, applauded the direction that Council was going and noted that only the new units
would be affected.
John Jenkins asked if the restrictions that would be placed on the new secondary unit would run
with the property when sold. He was informed by staff that that issue would be addressed in the
next report.
Linda Asbury supported the direction that Council had taken on this community issue.
No one else from the audience addressed this item.
Motion by Mr. Wasserman, seconded by Mr. Glickman, to amend the proposed ordinance and
direct staff to bring back an ordinance with modifications eliminating the affordability clause, and
adding an incentive program brought forward by staff on September 15, 2003 and that the amended
BMP resolution return to Council on October 6, 2003. Carried unanimously.
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SILICON VALLEY ANIMAL CONTROL AUTHORITY/JPA/RESOLUTION 2003-109 (20.33)
Debra Figone, Town Manager, spoke of the technical amendments to the already Council approved
JPA. This is due in part to the withdrawal of Sunnyvale from the authority.
Mr. Glickman explained how the voting structure had changed. Santa Clara having two members
with two votes each has a total of four votes. The other participating cities have only one vote each
for a grand total of nine votes. If we stay committed to participating in the cost of the shelter it
appears that it will be built in Santa Clara. We will have the opportunity to review the budget for
construction and for operations and to determine if this proposal will meet our needs. In the mean
time the Humane Society is still covering sheltering, and SVACA is handling the field services.
MEETING PAST 11:00 P.M.
Motion by Mr. Pirzynski, seconded by Mr. Glickman, to extend this meeting past 11:00 p.m.
Carried unanimously.
SILICON VALLEY ANIMAL CONTROL CONTINUED
Motion by Mr. Glickman, seconded by Mr. Pirzynski, that Council adopt Resolution 2003-109
entitled, RESOLUTION APPROVING A SECOND RESTATED AND AMENDED JOINT
POWERS AGREEMENT CREATING THE SILICON VALLEY ANIMAL CONTROL
AUTHORITY. Carried unanimously.
COUNCIL MATTERS (21.28)
There were no Council Matters to report this evening.
MANAGER MATTERS (22.28)
Debra Figone, Town Manager, spoke regarding the East Main Street area paving project. She
noted that staff was still evaluating whether Main St. should be paved this year. They were also
gathering input from the merchants this week and looking at other competing projects such as
Reservoir Road, the High School construction project, the condition of the pavement on Main St.,
and the timing associated with the other projects downtown. Staff is concerned about appropriate
sequencing and mitigating impacts and will return to Council with an update on September 15 th
concerning the downtown streetscape project and schedules.
ADJOURNMENT
Mayor Decker closed this evening’s meeting at 11:14 p.m.
ATTEST:
Marian V. Cosgrove
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Town Clerk
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