M 05-03-04TOWN OF LOS GATOS
CALIFORNIA
TOWN COUNCIL/PARKING AUTHORITY
JOINT REDEVELOPMENT AGENCY
MAY 3, 2004 / MINUTES
Los Gatos Civic Center
110 E. Main Street
Los Gatos, CA 95030
TIME ITEM ACTION ON ITEM
7:00
PM
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., Monday, May 3, 2004, in a joint
regular session.
7:01 ROLL CALL Present:Sandy Decker, Diane McNutt, Joe Pirzynski, Mike
Wasserman and Mayor/Chairman Glickman.
Absent:None
7:02 PLEDGE OF
ALLEGIANCE
The audience was invited to participate in the Pledge of Allegiance.
7:03 CLOSED SESSION Town Attorney, Orry Korb, reported that Council had met in Closed
Session prior to this evening’s meeting pursuant to Government Code
Section 54957.6 regarding Conference with Labor Negotiator. Town
Negotiator Debra Figone, Town Manager, for Management
Compensation Plan. Council gave direction. There was no reportable
action taken.
Pursuant to Government Code Section 54956.8 regarding Conference
with Real Property Negotiator. Negotiating Parties: Town of Los
Gatos and County of Santa Clara concerning Price and Terms of
Payment for Knowles Avenue Property. Council gave direction.
There was no reportable action taken.
7:04 PROCLAMATION PROCLAMATION
NATIONAL PUBLIC
WORKS WEEK
MAY 16-22, 2004
Mayor Glickman presented a Proclamation from the Town to the
Public Works Department honoring the Public Works Employees of
our Town as part of National Public Works Week. John Curtis, Public
Works Director was present to receive the Proclamation from the
Town and noted the dedicated work of our own Public Works
Department.
7:04
PM
COMMENDATIONS COMMENDATIONS
COMMUNITY
SERVICES
COMMISSION
Mayor Glickman presented Commendations to Alastair Dallas and
Kevin Kelly given from the Town of Los Gatos for their years of
service on the Community Services Commission. Both Mr. Dallas and
Mr. Kelly were present to receive their commendations and express
appreciation for having been able to serve the Town in this manner
over the years.
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TIME ITEM ACTION ON ITEM
7:07
PM
CONSENT ITEMS CONSENT ITEMS
ITEM 1
SCHEDULE OF
PUBLIC HEARINGS
Motion by Mrs. Decker, seconded by Ms McNutt, that Council
accept and file informational report regarding currently scheduled
public hearings. Carried unanimously. (01.28)
ITEM 2
PAYROLL
RATIFICATION FOR
MARCH
Motion by Mrs. Decker, seconded by Ms McNutt, that Council ratify
the check register for payroll of March 28, 2004 through April 10,
2004 paid on April 16, 2004 in the amount of $550,589.39. Carried
unanimously. (02.V)
ITEM 3
ACCOUNTS PAYABLE
RATIFICATION
FOR APRIL
Motion by Mrs. Decker, seconded by Ms McNutt, that Council ratify
the check register for accounts payable invoices paid on April 9, 2004
and April 16, 2004 in the amount of $384,843.59. Carried
unanimously. (03.V)
ITEM 4
TREASURER’S
REPORTS FOR
FEBRUARY-MARCH
Motion by Mrs. Decker, seconded by Ms McNutt, that Council
accept Treasurer’s reports for the months of February and March 2004,
as well as two revised pages for January 2004. Carried unanimously.
(04.02)
ITEM 5
HIGH-SPEED RAIL
SYSTEM INTO
SAN FRANCISCO
Resolution 2004-58
Motion by Mrs. Decker, seconded by Ms McNutt, that Council adopt
Resolution 2004-58 entitled, RESOLUTION OF THE TOWN OF
LOS GATOS SUPPORTING THE CALIFORNIA HIGH-SPEED
RAIL AUTHORITY’S CONCLUSION TO USE ONE OF THE
TWO SOUTHERN ALIGNMENTS INTO THE SAN
FRANCISCO BAY AREA FOR THE STATE’S PROPOSED
HIGH-SPEED RAIL SYSTEM. Carried unanimously. (05.28)
ITEM 6 - PULLED
COUNCIL CODE OF
CONDUCT POLICY
PULLED ITEM
To be heard after the Consent Calendar Item 15.
7:07
PM
ITEM 7
COMMUNITY
SERVICES
COMMISSION
Resolution 2004-60
Motion by Mrs. Decker, seconded by Ms McNutt, that Council adopt
Resolution 2004-60 entitled, RESOLUTION OF THE TOWN OF
LOS GATOS RESCINDING RESOLUTION 2003-133 AND
AMENDING THE COMMUNITY SERVICES COMMISSION
ENABLING RESOLUTION. Carried unanimously. (07.12)
ITEM 8 - PULLED
ISABELLE COURT
(130 NINA COURT)
PULLED ITEM
To be heard after the Consent Calendar Item 15.
ITEM 9
HAZARDOUS
VEGETATION
ABATEMENT
Resolution 2004-62
Motion by Mrs. Decker, seconded by Ms McNutt, that Council adopt
Resolution 2004-62 entitled, RESOLUTION OF THE TOWN OF
LOS GATOS DECLARING HAZARDOUS VEGETATION
(BRUSH) A PUBLIC NUISANCE AND PROVIDING FOR
ABATEMENT, and setting June 21, 2004 as a public hearing to hear
protests on this annual program. Carried unanimously. (09.28)
ITEM 10 Motion by Mrs. Decker, seconded by Ms McNutt, that Council adopt
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TIME ITEM ACTION ON ITEM
PARKING ON
CERTAIN PARCELS
ON WINCHESTER
BOULEVARD
Ordinance 2131
Ordinance 2131 entitled, ORDINANCE OF THE TOWN OF LOS
GATOS AMENDING TOWN CODE SECTION 29.20.185
(TABLE OF CONDITIONAL USES), allowing parking on certain
parcels on Winchester Boulevard, and which was introduced at the
Council meeting of April 19, 2004. Carried unanimously. (10.37)
ITEM 11 - PULLED
SOBRATO &
NETFLIX
AGREEMENT
PULLED ITEM
To be heard after the Consent Calendar Item 15.
COUNCIL/AGENCY TOWN COUNCIL/REDEVELOPMENT AGENCY
ITEM 12 - PULLED
ADA PARKING LOT
PULLED ITEM
To be heard after the Consent Calendar Item 15.
ITEM 13
SOUTH SIDE
PARKING LOT
IMPROVEMENT
Resolutions 2004-65 &
2004-07RD
Motion by Mrs. Decker, seconded by Ms McNutt, that
Council/Agency adopt Resolutions 2004-65 & 2004-07RD entitled,
RESOLUTION OF THE TOWN
COUNCIL/REDEVELOPMENT AGENCY OF THE TOWN OF
LOS GATOS ACCEPTING WORK OF DURAN AND
VENABLES, INC. FOR PROJECT 0336A - SOUTH SIDE
PARKING LOT IMPROVEMENTS - 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. (13.24)
COUNCIL/AGENCY
CONT.
TOWN COUNCIL/REDEVELOPMENT AGENCY
CONTINUED
ITEM 14A
MINUTES
APRIL 19, 2004
Motion by Mrs. Decker, seconded by Ms McNutt, that the Town
Council/Redevelopment Agency approve the Minutes of the Joint
Regular Meeting of April 19, 2004 as submitted. Carried
unanimously. (14A.V)
ITEM 14B
MINUTES
APRIL 23, 2004
Motion by Mrs. Decker, seconded by Ms McNutt, that the Town
Council/Redevelopment Agency approve the Minutes of the Joint
Special Meeting of April 23, 2004 as submitted. Carried
unanimously. (14B.V)
REDEVELOPMENT REDEVELOPMENT AGENCY
ITEM 15
ACCOUNTS PAYABLE
RATIFICATION
Motion by Mrs. Decker, seconded by Ms McNutt, that the Agency
ratify the check register for accounts payable invoices paid on April 9,
2004 and April 16, 2004 in the amount of $150.00. Carried
unanimously. (15.V)
7:10
PM
PULLED ITEMS PULLED ITEMS 6-8-11-12 FROM CONSENT CALENDAR
7:10
PM
ITEM 6 - PULLED
SPEAKER
COUNCIL CODE OF CONDUCT POLICY
Ray Davis questioned the Council’s Code of Conduct Policy and its
standards and guidelines for public service.
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TIME ITEM ACTION ON ITEM
COUNCIL CODE OF
CONDUCT POLICY
Resolution 2004-59
Council answered speaking of prior Council meeting discussions on
this subject as the draft policy was being formulated and also quoted
the summary and purpose of this policy as follows: The provisions of
this policy reflect a commitment by Council Members to the people
they serve and to each other, and more importantly, a desire to seek
what is good for the community.
Motion by Ms McNutt, seconded by Mr. Pirzynski, that Council
adopt Resolution 2004-59 entitled, RESOLUTION OF THE TOWN
OF LOS GATOS ESTABLISHING A COUNCIL CODE OF
CONDUCT POLICY. Carried unanimously. (06.12)
PULLED ITEMS PULLED ITEMS 6-8-11-12 FROM CONSENT CALENDAR
ITEM 8 - PULLED ISABELLE COURT (130 NINA COURT)
PULLED ITEM
7:15
PM
ITEM 8
SPEAKER
ISABELLE COURT
(130 NINA COURT)
COMPLETION
ISABELLE COURT (130 NINA COURT)
Ray Davis spoke of Causey Lane drainage system upgrades by the
developer, and his disagreement in the use of required permits as a
method to require these improvements.
Council and Staff answered that five years of work went into this
project and that as a condition of approval the Causey Lane drainage
system had to be improved to accept the additional discharge of storm
water that this project would generate.
ITEM 8
Resolution 2004-61
ISABELLE COURT (130 NINA COURT)–MOTION
Motion by Ms McNutt, seconded by Mr. Pirzynski, that Council
adopt Resolution 2004-61 entitled, RESOLUTION OF THE TOWN
OF LOS GATOS ACCEPTING WORK OF DIVIDEND HOMES,
INC., AT ISABELLE COURT (130 NINA COURT) AND
AUTHORIZING THE TOWN MANAGER TO EXECUTE
CERTIFICATE OF ACCEPTANCE AND NOTICE OF
COMPLETION FOR RECORDING BY TOWN CLERK.
Carried unanimously. (08.15)
7:20
PM
ITEM 11A
14300-14350
WINCHESTER
SALES TAX NETFLIX
Resolution 2004-63
14300-14350 WINCHESTER AVE/SALES TAX/NETFLIX 11A
SOBRATO/PLANNED DEVELOPMENT
Staff and Council agreed that the wording in the Proposed Ordinance
strengthened the Town’s position for having continued control in the
future over the stated use of this building.
Motion by Mr. Pirzynski, seconded by Ms McNutt, that Council
adopt Resolution 2004-63 entitled, RESOLUTION OF THE TOWN
OF LOS GATOS APPROVING AND AUTHORIZING THE
TOWN MANAGER TO EXECUTE A SALES TAX
AGREEMENT WITH NETFLIX, INC. Carried unanimously.
(11A.15)
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TIME ITEM ACTION ON ITEM
7:20
PM
ITEM 11B
SPEAKER
14300-14350
WINCHESTER
PLANNED
DEVELOPMENT
Ordinance 2130
14300-14350 WINCHESTER AVE/SALES TAX/NETFLIX 11B
SOBRATO/PLANNED DEVELOPMENT
Ray Davis spoke of Netflix, and establishing its sales tax revenue
stream within Los Gatos. He believes that is the only issue to be
addressed in allowing the addition of forty thousand square feet to this
proposed planned development amendment.
Mrs. Decker spoke of a home grown corporation, Netflix, that had a
need for an additional 40,000 square feet of space that Los Gatos at
this time could not provide. Los Gatos does not want to lose this
corporation and has negotiated a corporate headquarters sized building
in the Sobrato development. She believes these negotiations were for
only Netflix and does not want to see this project built unless there is a
guarantee that this corporation is going to be the one that actually
maintains this office space. She does not see that type of language in
the Proposed Ordinance. Mr. Wasserman agreed.
Motion by Mr. Pirzynski, seconded by Ms McNutt, that Council
adopt Ordinance 2130 entitled, ORDINANCE OF THE TOWN OF
LOS GATOS AMENDING ORDINANCE 2126 CONCERNING
THE PLANNED DEVELOPMENT AT 14300-14350
WINCHESTER BOULEVARD which was introduced at the
Council meeting of April 23, 2004. Carried by a vote of 3 ayes. Mr.
Wasserman abstained and Mrs. Decker voted no for reasons noted in
prior record and those noted above. (11B.15)
COUNCIL/AGENCY TOWN COUNCIL/REDEVELOPMENT AGENCY/CONSENT
7:53
PM
ITEM 12
PRJ:0409B ADA
IMPROVEMENTS
PARKING LOTS
1-2-3 & 6
Resolution 2004-64
Resolution 2004-06RD
PROJECT 0409B/ADA IMPROVEMENTS
Mrs. Decker spoke of working on the ADA projects in Los Gatos over
the years and asked the Director of Public Works if the Town had met
all of the State’s and Federal Agencies’ requirements regarding these
projects. Mr. Curtis affirmed that all the current standards have been
met and the Town would meet the requirements for certification.
Motion by Mr. Wasserman, seconded by Ms McNutt, that Council
adopt Resolutions 2004-64 & 2004-06RD entitled, RESOLUTION
OF THE TOWN COUNCIL/REDEVELOPMENT AGENCY OF
THE TOWN OF LOS GATOS ACCEPTING WORK OF
DURAN AND VENABLES, INC. FOR PROJECT 04-09B - ADA
IMPROVEMENTS TO PARKING LOTS 1, 2, 3 AND 6, 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. (12.24)
7:57
PM
VERBAL
COMMUNICATION
VERBAL COMMUNICATION
Ray Davis spoke of his arrest and disorderly conduct charges. He
believes that he was mistreated by the Police Department.
Town Attorney Korb explained Mr. Davis’ arrest for disorderly
conduct within the Civic Center last year where he had a verbal
altercation with a Town employee at the Planning Desk and which was
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TIME ITEM ACTION ON ITEM
witnessed by staff and the public who were in the office at the time.
7:26 PUBLIC HEARING PUBLIC HEARING/PERSONAL SERVICE
8:03
PM
ITEM 16
PERSONAL
SERVICES IN
CENTRAL BUSINESS
DISTRICT
PERSONAL SERVICE REGULATIONS IN THE DOWNTOWN
CENTRAL BUSINESS DISTRICT
Mayor Glickman announced that this was the time and place duly
noticed for holding a public hearing to consider amending the Town
Code to modify the personal service regulations for businesses in the
C-2 Zone. It has been determined that this project could not have a
significant impact on the environment, therefore the project is not
subject to the California Environmental Quality Act [Section 15061
(b)(3)]. (16.38)
8:08
PM
STAFF AND COUNCIL
COMMENTS
Bud Lortz, Director of Community Development, spoke concerning
the history of vacant commercial building space in the downtown. He
noted the many changes over the years as types of businesses
proliferated and then died out entirely. He also spoke of Council
regulations to try to moderate proliferation of specific types of
businesses on the occasions those businesses seemed to be posing
stronger impacts on the environment.
Council asked questions about the second floor office uses; the
exempted properties; saturation levels; use of conditional use permits;
change of ownership; negative impacts for businesses in the pedestrian
retail shopping area; parking issues; and the administration and
oversight of these regulations.
8:48
PM
SPEAKER Tom Connelly representing property on Village Lane owned by John
Lochner, spoke of the negative aspects of the conditional use permits
and asked that Village Lane be included in the exempted properties.
8:53
PM
SPEAKER Sallie Robbins-Druian asked for some modifications to the Proposed
Ordinance before Council.
8:56
PM
SPEAKER Shirley Henderson spoke of maintaining balance in the downtown
and then stressed the parking issues which are exacerbated by a
proliferation of personal service businesses.
8:58
PM
ITEM 16
CONTINUED
PUBLIC HEARING
PERSONAL SERVICE REGULATIONS IN THE DOWNTOWN
CENTRAL BUSINESS DISTRICT CONTINUED
CLOSED HEARING Mayor Glickman closed the public hearing.
8:59
PM
ITEM 16
COUNCIL
COMMENTS
Council Comments:
* Staff to watch for ways to keep balance of uses in the CBD
* Consider conditional use permits on a case by case basis
* Consider ways to address the issue of balance of uses if there is no
use permit required
* Ordinance will lift moratorium and allow for the issuance of use
permits instead
9:10 MOTION Motion by Mrs. Decker, seconded by Mr. Pirzynski, that Council
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TIME ITEM ACTION ON ITEM
PM introduce the Proposed Ordinance entitled, ORDINANCE OF THE
TOWN OF LOS GATOS AMENDING THE ZONING
ORDINANCE OF THE TOWN CODE ESTABLISHING
PERSONAL SERVICE BUSINESS REGULATIONS IN
SECTIONS 29.10.020, 29.20.185, 29.20.190 AND 29.60.320, with
no exemptions for Village Lane. Carried by a vote of 3 ayes. Ms
McNutt and Mr. Glickman voted no. (16.38)
9:17
PM
READING OF THE
ORDINANCE TITLE
The Town Clerk Read the Title of the Proposed Ordinance.
9:18
PM
ITEM 16
READING OF
ORDINANCE
WAIVED
Motion by Mrs. Decker, seconded by Mr. Pirzynski, that Council
waive the reading of the Proposed Ordinance. Carried unanimously.
9:19
PM
MOTION CALLED
FOR A SECOND TIME
FOR ITEM 16
PERSONAL SERVICE REGULATIONS IN THE DOWNTOWN
CENTRAL BUSINESS DISTRICT–MOTION FOR ITEM 16
Motion by Mrs. Decker, seconded by Mr. Pirzynski, that Council
make the finding that the Zoning Code Amendment is consistent with
the General Plan; and that Council introduce the Proposed Ordinance
entitled, ORDINANCE OF THE TOWN OF LOS GATOS
AMENDING THE ZONING ORDINANCE OF THE TOWN
CODE ESTABLISHING PERSONAL SERVICE BUSINESS
REGULATIONS IN SECTIONS 29.10.020, 29.20.185, 29.20.190
AND 29.60.320, with no exemptions for Village Lane. Carried by a
vote of 3 ayes. Ms McNutt and Mr. Glickman voted no. (16.38)
9:25
PM
ITEM 17
HAUNTED FOREST
HAUNTED FOREST EVENT IN OAK MEADOW PARK
OUTSIDE ORGANIZATION/SPECIAL EVENT PERMIT
9:27
PM
INTRODUCTION OF
ITEM 17
Mayor Glickman announced that this was the time and place so noted
to consider direction regarding the Haunted Forest event and authorize
processing of a special events permit for this function by an outside
organization at Oak Meadow Park. (17.36)
9:28
PM
COUNCIL
COMMENTS AND
DIRECTION
Council Comments:
* What is the cost to the Town?
* What is the community benefit?
* Are there local organizations who would care to run this function?
* Having answered these questions Council agreed that Mr. Bryon
Patterson should be congratulated for coming forward to save this
event.
9:36
PM
COUNCIL
CONSENSUS
ITEM 17
Consensus of Council to thank Mr. Patterson for providing services to
continue this event at Oak Meadow Park, and authorize processing of
a special events permit for holding this function for our community.
9:37
PM
ITEM 18
BANNER PROGRAM
TOWN BANNER PROGRAM–ITEM 18
Terri Hope spoke for the committee working with the banners. She
spoke of colors, size, placement and costs. Council’s questions were
answered and Council gave consensus to:
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9:54
PM
COUNCIL
CONSIDERATION
* Accept Arts Commission recommendation for the “Music in the
Park” banner design.
* Accept Arts Commission recommendation for “Celebrating the Arts”
banner design.
* Authorize the Town Manager to accept a donation of $2,500 from
the Los Gatos Art Cat Project Committee to the Town of Los Gatos for
streetlight banner design, production and installation. (18.31)
9:55
PM
ITEM 19
DOWNTOWN
PARKING
DOWNTOWN PARKING MANAGEMENT PROGRAM
Mayor Glickman announced that this was the time and place so noted
to consider and accept the status report on the Downtown Parking
Management Plan and to provide direction to staff for further
implementation. (19.36)
10:03
PM
DOWNTOWN
PARKING
COUNCIL
COMMENTS
ITEM 19
Council comments and consensus:
* Signage should be consistent and uniform
* Employee parking should be noted by signs
* Timed zones should be more uniform to prevent confusion
* The garages were addressed concerning employee parking
* Valet services to be considered as we prepare for the holiday season
* Shuttle service links to be considered.
10:18
PM
ITEM 20
COUNCIL MATTERS
STREET NAMING POLICY TO POLICY COMMITTEE
Mayor Glickman spoke concerning the development of a street
naming policy by the Council Policy Committee. (20.V)
10:20
PM
COUNCIL
COMMENTS
STREET NAMING
POLICIES
Council considerations and consensus:
* Clarification in a written policy would be helpful
* Bring forward to Council after some work on the issue
* Ms McNutt and Mrs Decker volunteered to pursue the subject and
report back to Council
10:33
PM
ITEM 21
MANAGER MATTERS
HIGHWAY 9 AND MASSOL INTERSECTION
TRAFFIC SAFETY ISSUES AND IMPROVEMENTS
John Curtis, Director of Public Works, gave a verbal report on the
meetings, issues and work being done at this intersection. He noted
the upcoming meetings to be held with Monte Sereno, Saratoga and
the VTA concerning the long range proposals for this section of road.
He also spoke of the immediate traffic safety projects that can be
implemented now.
Council consensus to proceed with the long range planning with all
concerned parties and attend to the immediate needs for a safe
crossing zone. (21.41)
10:40
PM
ADJOURNMENT Mayor Glickman adjourned this evening’s meeting at 10:40 PM
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Town Council Minutes May 3, 2004
Redevelopment Agency Los Gatos, California
ATTEST:
Marian V. Cosgrove
Town Clerk
Secretary to the Redevelopment Agency
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