M 08-18-03TOWN OF LOS GATOS
CALIFORNIA
TOWN COUNCIL/PARKING AUTHORITY
JOINT REDEVELOPMENT AGENCY
August 18, 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 7:03 p.m., Monday, August 18, 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.
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) regarding anticipated litigation concerning significant
exposure to litigation pursuant to one potential case. Council gave direction. There was no
reportable action taken.
ART SELECTION PANEL OPENING (00.12)
Mayor Decker announced that no applications had been received for one opening on the Art
Selection Panel. The Clerk will re-advertise this position.
HISTORIC PRESERVATION COMMITTEE/APPOINTMENT/LEN PACHECO (00.12)
Mayor Decker announced that one application from Len Pacheco had been received for the one
vacancy on the Historic Preservation Committee. Voting was held and Mr. Pacheco was re-
appointed to a term expiring 8/1/07.
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Town Council Minutes August 18, 2003
Redevelopment Agency Los Gatos, California
PERSONNEL BOARD/OPENINGS (00.12)
Mayor Decker announced that two applications had been received from Cecelia Bass and Cristina
Piasecki for one vacancy on the Personnel Board. Due to a scheduling conflict, this opening will be
re-agendized for September 15, 2003.
ARTS COMMISSION COMMENDATIONS (00.28)
Mayor Decker announced that there were two Town Commendations for Carla Dougher and David
Breidenthal for their years of dedicated service on the Arts Commission. They were not present to
receive their commendations which will be delivered to them.
SCHEDULE OF PUBLIC HEARINGS (01.28)
Motion by Mr. Glickman, seconded by Mr. Pirzynski, that Council accept and file informational
report regarding currently scheduled public hearings. Carried unanimously.
RATIFICATION OF PAYROLL/JULY-AUGUST 2003 (02.V)
Motion by Mr. Glickman, seconded by Mr. Pirzynski, that Council ratify the check register for
payroll of July 20, 2003 through August 2, 2003 paid on August 8, 2003 in the amount of
$562,013.72. Carried unanimously.
ACCOUNTS PAYABLE/RATIFICATION/AUGUST 2003 (03.V)
Motion by Mr. Glickman, seconded by Mr. Pirzynski, that Council ratify the accompanying check
registers for accounts payable invoices paid on August 1, 2003 and August 8, 2003 in the amount of
$968,062.43. Carried unanimously.
MINUTES OF AUGUST 4, 2003 (04.V)
Motion by Mr. Glickman, seconded by Mr. Pirzynski, that Council approve the Minutes of August
4, 2003, Regular Joint Town Council/Redevelopment Agency Meeting as submitted. Carried
unanimously.
SANTA CLARA COUNTY GRAND JURY/COMPUTER SYSTEMS DISASTER RECOVERY
(05.41)
Motion by Mr. Glickman, seconded by Mr. Pirzynski, that Council approve response to Santa
Clara County Grand Jury Request for Information on Computer Information Systems Disaster
Recovery Plans. Carried unanimously.
UNIVERSITY AVENUE 605/SOLAR PANELS/RESOLUTION 2003-97 (06.15)
Motion by Mr. Glickman, seconded by Mr. Pirzynski, that Council adopt Resolution 2003-97
entitled, RESOLUTION OF THE TOWN OF LOS GATOS DENYING AN APPEAL OF A
DECISION OF THE PLANNING COMMISSION DENYING A REQUEST TO MODIFY
THE EXTERIOR OF A COMMERCIAL BUILDING BY INSTALLING UNSCREENED
SOLAR PANELS ON A LOT ZONED LM. Carried unanimously.
Mr. Wasserman thanked the Attorney for the resolution that noted the Town’s various development
policies which harmonize with the Town’s practices and policies intended to preserve its
architectural quality, small town charm, historic character, and which also strongly support the use
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of energy conservation and alternative energy technologies.
PROJECT 0410/STAR TIME CUSTODIAL SERVICE/RESOLUTION 2003-99 (08.24)
Motion by Mr. Glickman, seconded by Mr. Pirzynski, that Council/Agency adopt Resolution
2003-99 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AWARDING A
CONTRACT TO STAR TIME BUILDING MAINTENANCE FOR PROJECT 0410 -
CUSTODIAL SERVICES CONTRACT IN THE AMOUNT OF $95,983.20. Carried
unanimously.
OAK MEADOW PARK/SHADE TRELLIS/PICNIC AREA/RESOLUTION 2003-100 (09.33)
Motion by Mr. Glickman, seconded by Mr. Pirzynski, that Council adopt Resolution 2003-100
entitled, RESOLUTION OF THE TOWN OF LOS GATOS TO ACCEPT THE GRANT OF
ROTARY INTERNATION ASSISTANCE PROGRAM TO ASSIST IN THE DESIGN AND
INSTALLATION OF A SUNSHADE TRELLIS STRUCTURE AT OAK MEADOW PARK IN
THE AMOUNT OF $1,000. Carried unanimously.
WATERSHED RESOURCES PROTECTION GUIDELINES/RESOLUTION 2003-101 (10.44)
Motion by Mr. Glickman, seconded by Mr. Pirzynski, that Council adopt Resolution 2003-101
entitled, RESOLUTION OF THE TOWN OF LOS GATOS IN SUPPORT OF THE SANTA
CLARA VALLEY WATER RESOURCES PROTECTION COLLABORATIVE
MEMORANDUM OF CONSENSUS FOR MUTUAL COOPERATION TO JOINTLY
DEVELOP AND IMPLEMENT WATER AND WATERSHED RESOURCES PROTECTION
MEASURES, GUIDELINES AND STANDARDS IN SANTA CLARA COUNTY. Carried
unanimously.
PROJECT 0210A/RETAINING WALL REPLACEMENT/RESOLUTION 2003-102 (11.24)
Motion by Mr. Glickman, seconded by Mr. Pirzynski, that Council/Agency adopt Resolution
2003-102 entitled, RESOLUTION OF THE TOWN OF LOS GATOS APPROVING THE
PLANS AND SPECIFICATIONS FOR CAPITAL PROJECT 0210A - RETAINING WALL
REPLACEMENT AND AUTHORIZING STAFF TO ADVERTISE THE PROJECT FOR
BIDS. Carried unanimously.
REDEVELOPMENT PROJECT AREA AMENDMENT/RESOLUTIONS 2003-103 & 21RD (12.25)
Motion by Mr. Glickman, seconded by Mr. Pirzynski, that Council/Agency adopt Resolutions
2003-103 & 2003-21RD entitled, RESOLUTION OF THE TOWN
COUNCIL/REDEVELOPMENT AGENCY OF THE TOWN OF LOS GATOS
AUTHORIZING A JOINT PUBLIC HEARING TO CONSIDER ADOPTION OF THE
PROPOSED AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE CENTRAL
LOS GATOS REDEVELOPMENT PROJECT AREA. Carried unanimously.
PROJECT 0233B/SANTA CRUZ AVE/ELECTRICAL WORK/RESOS 2003-104 & 2003-22RD
(13A.24)
Motion by Mr. Glickman, seconded by Mr. Pirzynski, that Council/Agency adopt Resolutions
2003-104 & 2003-22RD entitled, RESOLUTION OF THE TOWN
COUNCIL/REDEVELOPMENT AGENCY OF THE TOWN OF LOS GATOS
AUTHORIZING STAFF TO NEGOTIATE A CONTRACT FOR PROJECT 0233B - SANTA
CRUZ AVENUE ELECTRICAL IMPROVEMENTS. Carried unanimously.
PROJECT 0233B/SANTA CRUZ AVENUE/ELECTRICAL IMPROVEMENTS
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CONSTRUCTION CONTRACT/CUPERTINO ELECTRIC/RESOS 2003-105 & 2003-23RD
(13B.24)
Motion by Mr. Glickman, seconded by Mr. Pirzynski, that Council/Agency adopt Resolutions
2003-105 & 2003-23RD entitled, RESOLUTION OF THE TOWN
COUNCIL/REDEVELOPMENT AGENCY OF THE TOWN OF LOS GATOS AWARDING A
CONSTRUCTION CONTRACT TO CUPERTINO ELECTRIC COMPANY IN THE
AMOUNT OF $199,700.97 FOR PROJECT 0233B - SANTA CRUZ AVENUE ELECTRICAL
IMPROVEMENTS, and authorizing staff to execute future change orders as necessary up to an
amount of $30,000. Carried unanimously.
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.
PUBLIC HEARINGS
RESERVOIR ROAD/REMOVAL OF RESERVOIR/SAN JOSE WATER/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 denying an application to remove the existing
reservoir and facilities and a four lot subdivision on property zoned R-1:20. No significant
environmental impacts have been identified as a result of this project and a Mitigated Negative
Declaration is recommended. APN 529-31-041. Architecture and Site Application S-01-77.
Subdivision Application M-01-13. Negative Declaration ND-01-11. Property Location: Reservoir
Road. Property Owner - Applicant -Appellant: San Jose Water Company.
The following people from the audience addressed this issue:
Richard Pardini, speaking for San Jose Water Co, gave an overview of the proposal speaking of
grading, landscaping, tree sensitivity, safety of the road, and fire protection. He spoke of the
increased water pressure to be made available on the line and of the sewer line which will be
relocated. He also referred to the safety measures that will be put in place during the construction
of the project.
Norm Matteoni, Attorney for the project, spoke of reclamation of the property and of the suitability
of four lots at this site. He spoke of the time and effort that will be expanded to make this site
environmentally sensitive and compatible with the neighborhood.
Dennis McEvoy asked that Council reject the proposal and instead remove the reservoir and return
the original ravine. He suggested a design of his own and submitted the numbers to support his
proposal.
Dee Hospodor, neighborhood resident requested denial. Asked for a less disruptive plan. Asked
that the reservoir be removed and less change to the existing topography be allowed.
James Sodenberg, resident asked for denial and asked for compromise with little earth removal and
original topography followed.
Susan Kankel, resident asked for denial and a less disruptive plan. She asked that the character of
the neighborhood be reflected in any approved design.
Anthony Lesso, asked for total rejection. Spoke of amount of fill, polution issues due to residue
left over, and that College is a very well traveled road, with many pedestrians and cyclists using it
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all day long. He asked for mitigation to be placed to alleviate the traffic impacts.
Suzanne Cochran spoke of the numbers of trucks that will be traveling on this road during this
construction. She spoke of the businesses that will also be impacted by the 1,400 trucks for the
project. She noted several intersections and the High School impacts. She asked for no more than
four lots and notification to all those who would be impacted.
Clark Cochran, neighbor asked for the appeal to be rejected. He asked that the reservoir be
removed and that the fill be at bare minimum with just three or four homes to be built.
Kim Worsencroft, asked that the proposal be denied and and that the reservoir be removed. She
asked that there be less impact to the neighborhood.
Ray Davis, spoke of peer review lacking in the plan development. He wanted to know what the
land study was as far as slides and safety go.
Dotti Bonner, spoke against the proposal and spoke of the safety of this road especially with large
trucks traveling on it as the project is developed.
Art Bonner, spoke against this project. He asked that the reservoir be removed and that the sewer
line issues be reviewed. Traffic issues and safety are large problems.
HEARING CONTINUED
RESERVOIR ROAD/REMOVAL OF RESERVOIR/SAN JOSE WATER/CONT.
Speakers continued:
Shirley Henderson, business owner and resident on Los Gatos Boulevard. Spoke of the great
impact of the project trucks on our new paving, the High School, and the corner of Los Gatos
Boulevard and Highway 9.
Kent Westerberg with Atwood, Haiman & Westerberg, Attorneys, asked Council for denial. He
believes that there is no strong community benefit and submitted a letter delineating his objections
to the proposal.
Michael Thompson, owner of Southern Kitchen, feels that the traffic conjestion will drive away his
customers. Asked that project not last more than 8 days.
Norm Matteoni, rebutted the comments from the audience. He spoke again of rerouting of the
sewer line that the video equipment could not pass through.
Ray Hashimoto, representing HMH Inc, spoke of 8 days of fill operation requiring 620 trucks and
trailer, noting also the demolition of the reservoir which would take 3 days and 140 truck loads.
No one else from the audience addressed this subject.
Council Comments:
Traffic: Council asked for specifics on the impacts of the number of trucks that would be needed to
remove the reservoir. They also asked for itemization of the impacts for removing 4,000 cubic
yards compared to 8,000 cubic yards. Council would like an outline of the directions the trucks
would run, the times they would travel, the specific number of days to be traveled and the
mitigation methods for this heavy impact on the roads, neighborhoods traveled and staging
operations. The residential, business and school neighborhoods to be impacted need to be specified.
Also the methods of repairing the traveled streets need to be specified.
Council asked that the reservoir be removed first and then the site be reviewed for a proposal at that
point. The proponents of the current proposal do not feel that they are able to separate the reservoir
removal from the whole proposal but were willing to discuss an alternative method of dealing with
the sewer line. They are also willing to run tests of the site for toxic wastes before the removal
takes place.
Motion by Diane McNutt, seconded by Steve Glickman, to continue this public hearing to
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November 17, 2003, so that additional testing concerning possible toxins can be made, and that
answers regarding construction traffic and the re-engineering of the sewer line in question can be
obtained. Carried unanimously.
RECESS CALLED AT 9:50
Mayor Decker reconvened the meeting at 9:55 p.m.
SANTA CRUZ AVENUE N. 330/RESTAURANT CUP/ALCOHOL SERVICE (07.15)
Council Consensus to return the draft resolution and/or the conditions of approval on September 2,
2003, to include the addressing of compatible exterior design for lighting, for signage, for attractive
furniture and outside barrier treatment to be discussed during the architecture review.
OLD TOWN/SPECIAL EVENTS PERMIT (17.36&10)
Council & Staff Comments:
The report discussed the event series that are being planned at the Old Town ampitheater. It was
also noted that there have been no complaints regarding the teens holding their musical concerts at
this location. There will be further outreach to the neighbhood in this vicinity to let them know of
the activities planned. The size and output of the speakers will be moderated and parents will be
acting as supervisors for the events. The activities will be concluded by 10 p.m. and the owners and
managers of Old Town were thanked for their help in hosting the teen’s activities. Council spoke
highly of the young people who have worked to put on these shows.
OLD TOWN/SPECIAL EVENTS PERMIT CONTINUED
The following people spoke to this item:
Chris Miller spoke highly of the teen event. He asked for expansion of this type of activity at Old
Town.
Ray Davis asked that more information on special events be noted for the public.
Mr. Padilla enjoyed the teen event with his daughters and is looking forward to doing more at the
ampitheater for the whole community.
Lisa Hauck with the wine cellar restaurant was present to support the planned event calendar.
Motion by Mr. Glickman, seconded by Mr. Wasserman, to approve the issuance of a special event
permit for Old Town series of activities. Carried by a vote of 4 ayes. Ms McNutt abstained.
GATEWAY DESIGN WORKING GROUP FORMATION (18.27)
Marty Woodworth gave an overview of the idea for the formation of this program and explained
who might be asked to serve on this group activity.
Ms McNutt asked that no additional funds be spent on “Welcome to Los Gatos” signs in the
downtown and noted that the Gateway Design Working Group should focus on designing “end
caps” (design features) for the downtown rather than Gateways into Town.
Motion by Ms McNutt, seconded by Mr. Glickman, to move forward on this proposal and approve
the design group of eleven people. Carried unanimously.
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ECONOMIC VITALITY ROUNDTABLE FORMATION (19.27)
Marty Woodworth spoke of the formation of the Economic Vitality Roundtable and how the
Chamber’s Business Forum is taking on the activities of the roundtable at this time.
Ms McNutt asked that Council not abandon this activity yet. She asked that more be done to get
individuals to participate. Businesses need more time to get involved in the mission that was set out
for this advisory group. The roundtable was envisioned as a group of representative businesses that
would meet and then conference with Council giving insight and ideas on what may be needed to
help and encourage the economic health of our community. She spoke of Council being proactive
in locating and identifying leadership in the business community to serve this advisory roll. She
also asked that the roundtable be held once or twice a year with full community notification on the
issues to be discussed, and that notes be taken and reviewed with Council for further consideration.
Council 1) directed staff to attend and participate in business forums sponsored by the Chamber of
Commerce and to report information back to Council; 2) directed staff to facilitate quarterly Council
Study Sessions at which the Council could receive input on specific economic vitality issues and
discuss issues and actions.
Debra Figone, Town Manager, noted that staff would continue the ongoing partnership with the
Chamber of Commerce and continue planning for workshops and avenues of participation.
Ray Davis spoke against this activity and does not want to see an Economic Vitality Program
implemented in Los Gatos.
AMENDMENT OF TOWN CODE/INDEMNIFICATION OF TOWN/ORDINANCE (20.37)
Ray Davis asked why there was a need for this proposed amendment. He asked that the Town
Code remain the way it is and face responsibility for liabilities as they now stand.
Motion by Mr. Glickman, seconded by Mr. Wasserman, to Waive the Reading of the Draft
Ordinance. Carried unanimously.
The Town Clerk read the Title of the Draft Ordinance.
Motion by Mr. Glickman, seconded by Mr. Wasserman, to Introduce Draft Ordinance 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.
MEETING PAST 11:00 P.M.
Motion by Mr. Pirzynski, seconded by Mr. Wasserman, to extend this meeting past 11:00 p.m.
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Carried unanimously.
VTA/ROUTE 85 & ROUTE 17 CONNECTOR RAMP AT LARK(OKA RD NEIGHBORHOOD)
(21.15)
Council Consensus to request that the Valley Transportation Authority remove the proposed
connector ramp between Route 85 and Route 17 from their plans. This location of freeway has not
been the cause of undue accidents and the neighborhood that would be impacted by the noise and
inconvenience is adamantly opposed to this proposal. They requested that Council work on having
the project removed from the project list.
MANAGER MATTERS (22.28)
The Manager did not give a report this evening.
ADJOURNMENT
Mayor Decker closed this evening’s meeting at 11:13 p.m.
ATTEST:
Marian V. Cosgrove
Town Clerk
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