M 03-17-03TOWN OF LOS GATOS
CALIFORNIA
TOWN COUNCIL/PARKING AUTHORITY
JOINT REDEVELOPMENT AGENCY
March 17, 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 17,
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 pursuant to
Government Code Section 54957.6 regarding Labor Negotiations to discuss Town Employees’
Association; AFSCME; Confidential Unit; and Management Benefits 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 (b) regarding Anticipated Litigation to discuss
significant exposure to litigation (one potential case). Direction was given by Council. No final
action was taken.
Pursuant to Government Code Section 54957 regarding Public Employee Performance Evaluation
to discuss Town Attorney on March 10, 2003. Council’s considerations are reflected in Item 8
on tonight’s agenda.
COMMUNITY SERVICES COMMISSION/APPOINTMENT (00.12)
Mayor Decker announced that one application had been received from John Hogan for the one
vacancy on the Community Services Commission. Council consensus to continue this item to
April 21, 2003 for Mr. Hogan to have the opportunity to be interviewed by Council.
PARKS COMMISSION/APPOINTMENTS (00.12)
Mayor Decker announced that five applications had been received from Dave Dockter, Steven
Graham, Brenda Hammond, Marty Katz and Richard Konrad for the two vacancies on the Parks
Commission. Voting was held and Mr. Graham and Mr. Konrad were appointed to terms ending
04/01/07.
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Town Council Minutes March 17, 2003
Redevelopment Agency Los Gatos, California
PERSONNEL BOARD/APPOINTMENT (00.12)
Mayor Decker announced that one application had been received from Michael Baroni for the
one vacancy on the Personnel Board. Voting was held and Mr. Baroni was appointed to a term
ending 09/01/06.
RENT ADVISORY COMMISSION/APPOINTMENTS (00.12)
Mayor Decker announced that three applications had been received from John Bourgeois,
William Kraus and Gerry Mirassou for the two vacancies on the Rent Advisory Commission.
Voting was held and Mr. Mirassou and Mr. Kraus were reappointed to terms ending 03/01/06.
SCHEDULE OF PUBLIC HEARINGS (01.28)
Motion by Mr. Pirzynski, seconded by Ms McNutt, to accept and file informational report
regarding currently scheduled public hearings. Carried unanimously.
COUNTY REFERRALS (02.31)
Motion by Mr. Pirzynski, seconded by Ms McNutt, that Council accept the report concerning
County Referrals:
NUMBER LOCATION APPLICATION REQUEST RECOMMENDATION
8617 16456 Camellia Terrace Zerella Design Review Approval/Two Conditions
Carried unanimously.
PLANNING COMMISSION/COMMUNITY DEVELOPMENT DEPT/MONTHLY REPORT
(03.31)
Motion by Mr. Pirzynski, seconded by Ms McNutt, to accept and file informational item
regarding Planning Commission and Community Development Department monthly status report.
Carried unanimously.
RATIFICATION OF PAYROLL/FEBRUARY-MARCH 2003 (04.V)
Motion by Mr. Pirzynski, seconded by Ms McNutt, that Council ratify the check register for the
payroll of February 16, 2003 through March 1, 2003, paid on March 7, 2003, in the amount of
$538,509.54. Carried unanimously.
ACCOUNTS PAYABLE/RATIFICATION/FEBRUARY-MARCH 2003 (05.V)
Motion by Mr. Pirzynski, seconded by Ms McNutt, that Council ratify the accompanying check
registers for accounts payable invoices paid on February 28, 2003, and March 7, 2003 in the
amount of $857,516.82. Carried unanimously.
PARKS COMMISSION APPOINTMENT (07.12)
Motion by Mr. Pirzynski, seconded by Ms McNutt, that Council accept Parks Commission
recommendation to appoint Andrew Lee as a Student Park Commissioner. Carried unanimously.
PROJECT 0211/LOS GATOS CREEK BRIDGE/SEISMIC RETRO/RESOLUTION 2003-25
(09.24)
Motion by Mr. Pirzynski, seconded by Ms McNutt, that Council adopt Resolution 2003-20
entitled, RESOLUTION OF THE TOWN OF LOS GATOS APPROVING THE PLANS
AND SPECIFICATIONS FOR PROJECT 0211 - LOS GATOS CREEK BRIDGE SEISMIC
RETROFIT - AND AUTHORIZING STAFF TO ADVERTISE THE PROJECT FOR BIDS.
Carried unanimously.
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PROJ 0233A/STORM DRAIN/NORTH SANTA CRUZ/RESOLUTIONS 2003-26 & 2003-4RD
(10.24)
Motion by Mr. Pirzynski, seconded by Ms McNutt, that Council/Agency adopt Resolutions
2003-26 & 2003-4RD entitled, RESOLUTION OF THE TOWN
COUNCIL/REDEVELOPMENT AGENCY OF THE TOWN OF LOS GATOS AWARDING
A CONSTRUCTION CONTRACT TO CASEY CONSTRUCTION COMPANY FOR
PROJECT 0233A - STORM DRAIN IMPROVEMENTS NORTH SANTA CRUZ AVENUE,
as lowest responsible bidder; awarding construction contract in the amount of $420,638; and
authorizing future change order up to an amount of $50,000. Carried unanimously.
PROJ 0233/DOWNTOWN STREETSCAPE/RESOLUTIONS 2003-27 & 2003-5RD (11.24)
Motion by Mr. Pirzynski, seconded by Ms McNutt, that Council/Agency adopt Resolutions
2003-27 & 2003-5RD entitled, RESOLUTION OF THE TOWN
COUNCIL/REDEVELOPMENT AGENCY OF THE TOWN OF LOS GATOS
APPROVING THE PLANS AND SPECIFICATIONS FOR PROJECT 0233 -
DOWNTOWN STREETSCAPE IMPROVEMENTS AND AUTHORIZING STAFF TO
ADVERTISE THE PROJECT FOR BIDS, and authorize purchase of long-lead items for the
project. Carried unanimously.
PROJ 0233/NORTH SANTA CRUZ STREETSCAPE/RESOLUTIONS 2003-28 & 2003-6RD
(12.24)
Motion by Mr. Pirzynski, seconded by Ms McNutt, that Council/Agency adopt Resolution
2003-28 & 2003-6RD entitled, RESOLUTION OF THE TOWN
COUNCIL/REDEVELOPMENT AGENCY OF THE TOWN OF LOS GATOS
AUTHORIZING THE TOWN MANAGER/EXECUTIVE DIRECTOR TO EXECUTE AN
AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH BKF
ENGINEERS TO PROVIDE CONSTRUCTION SUPPORT SERVICES FOR THE
NORTH SANTA CRUZ AVENUE STREETSCAPE PROJECT, not to exceed $125,070.
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
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.
VERBAL COMMUNICATIONS (XX.28)
West Valley-Mission Community College District:
Jack Lucas greeted Council and announced that he was the newly elected trustee for the
Community College District which included Saratoga, Monte Sereno, Cupertino, Campbell and
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Los Gatos. He wanted Council to know that he was available if there were any issues or concerns
to discuss with him regarding the district.
VERBAL COMMUNICATIONS CONT.
Los Gatos High School Budget Issues:
Mathew Herrick, Los Gatos High School student, spoke of the drastic budget cuts proposed by
the State this year. He asked for Council’s support and help in facing this issue. The Mayor
suggested working together in speaking with Joe Semitian and in working on the State’s actions
concerning its budgetary issues.
Telecommunications Ordinance:
Lucille Weidman, spoke of her continued interest in the formulation of a telecommunications
ordinance and inquired as to why the community concerned about this issue had not been asked to
participate in the formulation of the draft ordinance addressing the issue. She asked that the
Urgency Ordinance be extended, and Mayor Decker asked that staff review Ms Weidman’s
request.
Los Gatos High School Theatre:
Diane Pleasant spoke of the rehabilitation of the Prentis Brown High School Auditorium, of the
possible loss of the orchestra pit and the fly space above. She asked for Council’s assistance in
preserving this community resource.
La Rinconada Golf Course:
Ray Davis spoke of the driving range and the safety issues involved. He noted that he had
reviewed the county land use permit issued in 1964 and had found no mention of a driving range.
PUBLIC HEARING
LOS GATOS BOULEVARD 15047/ZONE CHANGE/RC TO CH/HEARING (15.15)
Mayor Decker stated that this was the time and place duly noted for public hearing to consider a
request for approval of a zone change for approximately 3,250 square feet of property. APN 424-
07-087 & 089. Zone Change Application Z-02-02. Property Location: 15047 Los Gatos Blvd
and 16426 Bennett Way. Property Owner: Tom Yuki. Applicant: Craig Hulse et al.
The following people from the audience addressed this issue:
Ray Davis asked that the plans be in harmony with the Boulevard Plan and General Plan.
Kathleen Sigal spoke of increased traffic and her concerns about the widening of Los Gatos
Boulevard before any additional development is allowed.
No one else from the audience addressed this issue.
Mayor Decker closed the public hearing.
Motion by Mrs. Decker, seconded by Mr. Glickman, that Council accept the report in the form
of meeting minutes from the Planning Commission recommending approval of a Zone Change
from RC to CH at 15047 Los Gatos Boulevard. Carried unanimously.
The Town Clerk read the Title of the Proposed Ordinance.
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Motion by Mrs. Decker, seconded by Mr. Glickman, that Council waive the reading of the
Proposed Ordinance. Carried unanimously.
PUBLIC HEARING CONTINUED
LOS GATOS BOULEVARD 15047/ZONE CHANGE/RC TO CH/HEARING CONT. (15.15)
Motion by Mrs. Decker, seconded by Mr. Glickman, that Council introduce the Proposed
Ordinance entitled, ORDINANCE OF THE TOWN OF LOS GATOS APPROVING A
ZONE CHANGE FOR APPROXIMATELY 3,250 SQUARE FEET OF PROPERTY FROM
RC TO CH AND FINDING THAT THIS ACTION IS CONSISTENT WITH THE
GENERAL PLAN. APPLICATION Z-02-02. APN 424-07-087 & 089. Carried
unanimously.
MINUTES OF MARCH 3, 2003 (06A.V)
Ray Davis asked that the minutes continue to accurately reflect the issues he is addressing.
Motion by Mr. Pirzynski, seconded by Mr. Wasserman, that Council approve the Minutes of
March 3, 2003, Regular Joint Town Council/Redevelopment Agency Meeting as submitted.
Carried unanimously.
MINUTES OF MARCH 10, 2003 (06B.V)
Motion by Mr. Pirzynski, seconded by Mr. Wasserman, that Council approve the Minutes of
March 10, 2003 Town Council/Redevelopment Agency Meeting as submitted. Carried
unanimously.
TOWN ATTORNEY/AGREEMENT WITH TOWN/RESOLUTION 2003-24 (08.29)
Ray Davis spoke against the town attorney’s salary increase and expressed his opinion
concerning the Town being in violation of an order of the Superior Court regarding enforcement
of conditional use permits. The Town Attorney responded that no such court order exists.
Approximately two years ago the Santa Clara Civil Grand Jury conducted an investigation
resulting in several recommendations concerning the Town’s system of code enforcement. The
Town responded to the recommendations and the matter is now closed.
Motion by Mr. Pirzynski, seconded by Mr. Wasserman, that Council adopt Resolution 2003-24
entitled, RESOLUTION OF THE TOWN OF LOS GATOS AMENDING AGREEMENT
BETWEEN THE TOWN OF LOS GATOS AND TOWN ATTORNEY AND
AUTHORIZING THE MAYOR TO SIGN AMENDMENT ON BEHALF OF THE TOWN.
Carried unanimously.
HISTORIC FIRE BELL/PERMANENT LOCATION (16.31)
Mayor Decker stated that this was the time and place duly noted to consider and discuss
recommendation from the Historic Preservation Committee for a permanent location for the
Town’s historic fire bell and the funding options that are available.
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Al Slutman, President of the Museums of Los Gatos, spoke in support of the recommendations
of the Historic Preservation Committee to place the Fire Bell in the new tower at the Historic Fire
Station on Tait Avenue which is now the Art Museum of Los Gatos.
HISTORIC FIRE BELL/PERMANENT LOCATION CONT.
Council Consensus to work toward placing the bell tower at the Tait Ave. Museum; to use a
solenoid bell chiming mechanism; and to have staff consider funding sources along with other
prioritized town projects.
DOWNTOWN PARKING MANAGEMENT PLAN (17.34)
After discussion there was Council Consensus of four members to accept Option 4: Proceed as
planned with the development of the Verizon and Bus Depot lots; Implement the remaining zones
one by one with a period of time between each implementation for evaluation and transition; and
to include an employee permit program as each zone is implemented.
Ms McNutt preferred Option 2: Proceed as planned with the development of the Verizon and
Bus Depot lots only to create additional capacity; This alternative would delay the
implementation of the five remaining zones to a future date and would continue parking
enforcement under the current system; and could include a modified employee permit program.
ANIMAL CONTROL/JOINT POWERS AGREEMENT (18.33)
Council Consensus to authorize the Town Manager to communicate Town Council position
regarding continued participation in the Joint Powers Agreement for animal control for fiscal year
2003-2004 and to modify that agreement so that there will be no commitment to a capital project
in this fiscal year.
COUNCIL MATTERS (19.28)
USA PATRIOT ACT/PROTECTION OF CIVIL RIGHTS/RESOLUTION 2003-29 (19.28)
Ray Davis asked that this resolution be brought to the people of Los Gatos for their thoughts,
perhaps on the Town’s website, and to allow some time for response from our citizens.
Motion by Mr. Glickman, seconded by Mr Pirzynski, that Council adopt Resolution 2003-29
entitled, RESOLUTION OF THE TOWN OF LOS GATOS RELATING TO THE USA
PATRIOT ACT AND THE PROTECTION OF CIVIL RIGHTS AND LIBERTIES OF LOS
GATANS, with the following amendments: Delete the 5 th recital on the bottom of the 1 st page;
Modify the 6th recital on the second page by removing the six bullets and by changing the words
“these acts” to “such acts.”
Lexington Dam
Mayor Decker reported on the progress with the Lexington Dam and the fact that it would have
water in it for most of this year
MANAGER MATTERS (20.28)
There was no report tonight.
ADJOURNMENT
Mayor Decker closed this evening’s meeting at 9:58 p.m.
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Town Council Minutes March 17, 2003
Redevelopment Agency Los Gatos, California
ATTEST:Marian V. Cosgrove
Town Clerk
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