M11-03-081
MINUTES OF THE TOWN COUNCIL/PARKING
AUTHORITY/REDEVELOPMENT AGENCY
NOVEMBER 3, 2008
The Town Council of the Town of Los Gatos conducted a Regular Meeting on
Monday, November 3, 2008 at 7:00 P.M.
TOWN COUNCIL/PARKING AUTHORITY/REDEVELOPMENT AGENCY
MEETING CALLED TO ORDER
ROLL CALL
Present: Mayor Barbara Spector, Vice Mayor Mike Wasserman, Council
Member Steve Glickman, Council Member Diane McNutt, and Council
Member Joe Pirzynski.
Absent: None.
PLEDGE OF ALLEGIANCE - LED BY FUTURE LEADER
Summer Vance, Sidney Santich, and Emily Clark Tek Trek Science Camp
attendees led the Pledge of Allegiance. The audience was invited to participate.
CLOSED SESSION REPORT
There is no Closed Session scheduled for this meeting.
Mr. Korb, Town Attorney stated that there was no Closed Session.
TOWN COUNCIL
CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION)
1. Accept Treasurer’s report for August and September, 2008
2. 15300 Kennedy Road adopt resolution to serve a notice of non-
renewal on a .33 acre portion of land under a Williamson Act contract
with the Town. Property Location: 15300 Kennedy Road. File #WA-08-
001 APN 537-15-023. Property owners/applicants: Frederick and Maud
Hulley. RESOLUTION 2008-118
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Consent Items – Continued
3. Adopt resolution authorizing the Town Manager to negotiate and
execute an agreement with Peelle Technologies for services to
provide a Town Wide Document Imaging and Management System.
RESOLUTION 2008-119
4. Adopt resolution setting date for consideration of reorganization of an
uninhabited area designated as Englewood Avenue No. 7,
approximately 67 acres located at 16551 Englewood Avenue (APN:
532-07-021) File # AN08-04. RESOLUTION 2008-120
5. Adopt a resolution adopting revised Below Market Price Housing
Program Guidelines and rescinding Resolution 2005-117.
RESOLUTION 2008-121
6. Adopt resolution denying appeal and upholding Planning Commission
decision approving a request to demolish a single family residence
and to construct a new residence on property zoned R-1:8. APN 409-
15-021 Architecture and Site Application S-07-188. Property location:
14329 Mulberry Drive. Property owner/applicant: Hallmark Community
Services. Appellant: Dennis Chambers. RESOLUTION 2008-122
TOWN COUNCIL/REDEVELOPMENT AGENCY
7. Approve Council/Agency minutes of October 20, 2008.
8. PPW Job No. 07-22 - Police Operations Building Facility Project 821-
2401 Adopt resolution approving plans and specifications for the
Police Operations Building Facility Project and authorize staff to
advertise the project for bid. RESOLUTION 2008-123
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Consent Items – Continued
Mr. Davis pulled Consent Items #7 and 8.
Mayor Barbara Spector stated that the pulled Consent Items would be heard
after Other Business.
MOTION: Motion by Council Member Diane McNutt to approve
Consent Items #1-6.
Seconded by Council Member Steve Glickman.
VOTE: Motion passed unanimously.
VERBAL COMMUNICATIONS
Mr. Knowles
Commented against a mailer that was sent to Town residents by Steve
Glickman.
Commented on his own volunteer time given to community projects and
encouraged the community to get involved with volunteer projects in
Town.
Mr. Davis
Commended Mayor Barbara Spector for her great job as Mayor in 2008.
Commended Michael Kane for a great job on the Planning Commission.
Commented that Mr. De Santis has moved forward with bull dozers on his
property.
Mr. Silva
Commented about volunteering in the community and encouraged the
community to get involved in volunteering.
Mr. Spilsbury
Commented about volunteering in the community and suggested that the
community get involved with volunteering.
Ms. Padivani
Commented on volunteering her time with the Community Foundation and
Jazz in the Plazz.
Suggested that the community get involved in volunteering with projects in
Town.
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Verbal Communications - Continued
Ms. Smith
Commented on giving back to the community and is surprised to see her
picture in the mailer that Steve Glickman sent out to various residents.
Mr. Leonardis
Commented on his volunteer time and encouraged the community to
volunteer.
Ms. Little
Commented on her volunteer time and the joy of giving back to the
community.
Suggested that the community get involved with volunteer opportunities in
Town.
Ms. Murphy
Commented on her volunteer time and encouraged the community to get
involved with volunteering in Town.
Mr. Stonesifer
Commented on his volunteer time to the community and the Arts
Commission.
Commented that Steve Glickman was out of line and his views should not
represent the Council as a whole.
Requested that the Council address the issue.
Mr. Arzie
Commented on the Town’s Code of Conduct and that Steve Glickman
has violated the Town Code.
Commented that Steve Glickman did not clarify that he was speaking as
an individual and his actions as a Council Member were out of line.
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Verbal Communications - Continued
Ms. Decker
Commented on her volunteer time to various events in the community.
Suggested that the community get involved with volunteering in Town.
Mr. Burke
Commented that Steve Glickman was out of line and used photos in his
mailer without the consent of the individuals.
Questioned if the Town could be liable for the mailer and suggested that
the Town Attorney look into immediate damage control.
Ms. Hope
Commended the Town’s commissioners and the Council for their hours of
service as volunteers in the community.
Ms. Currie
Commented that the flier was inappropriate and does not set a good
example for the youth in the community.
Questioned why Steve Glickman mailed such a piece against many
individuals in the community.
Ms. Talesfore
Commented against the mailer that Steve Glickman sent to Town
residents.
Encouraged the community to get involved in volunteering with Town
projects.
Closed Verbal Communications
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PUBLIC HEARINGS
9. Consider a request for approval to modify the hours of operation for
an existing bocce ball facility (Campo di Bocce) on property zoned
LM. Conditional Use Permit Application U-08-008 APN: 529-07-096.
Property location: 565 University Avenue. Property Owner: Campo
di Bocce, Los Gatos LLC Applicant: Campo di Bocce, Los Gatos
LLC/Tom Albanese.
Staff report made by Bud Lortz, Director of Community Development.
Council Comments
Questioned the current hours of alcohol service at the restaurant.
Commented on the hours of operation during the weekend.
Requested clarification on the hours of alcohol services during the
holidays as listed under Condition #3.
Questioned if the applicant has solutions to the on-street parking
concerns.
Questioned if the applicant has had any neighborhood meetings.
Open Public Hearing
Mr. Albanese, Applicant
Commented on the current hours of operation for the restaurant.
Commented that the complaint hotline is in service and that they have had
neighborhood meetings.
NOTE: There was no one from the public to speak on Item #9.
Council Comments
Questioned if the applicant has held neighborhood meetings to discussed
options to decrease the on-street parking concerns.
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Public Hearing #9 – Continued
Mr. Albanese
Commented that they have continued to address on-street parking
concerns at their employee meetings.
Commented on the frequency of the neighborhood meetings.
Commented that the complaint hotline has worked and that they had
addressed a neighborhood complaint and resolved the problem.
Closed Public Hearing
MOTION: Motion by Council Member Joe Pirzynski to approve the
modification the hours of operation for an existing bocce ball
facility (Campo di Bocce) on property zoned LM. Conditional
Use Permit Application U-08-008 APN: 529-07-096.
Property location: 565 University Avenue. Property Owner:
Campo di Bocce, Los Gatos LLC Applicant: Campo di
Bocce, Los Gatos LLC/Tom Albanese and to approve the
CUP application with the required findings in Attachment 1 of
the staff report and the Conditions of Approval in Attachment
2 of the staff report and to include the amended conditions in
Attachment 2 which include Item #14, neighborhood meeting
requirement, Item #15, the complaint hotline, and #16, the
year review process.
Seconded by Council Member Steve Glickman.
Council Discussion
Requested that the maker of the motion add the clarification on
Condition #3 - that on holidays and on evenings before holidays alcohol
service would terminate no later than 11:00 p.m.
The maker of the motion and the seconder agreed to the amendment.
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Public Hearing Item #9 – Continued
AMENDED MOTION: Amended Motion by Council Member Joe
Pirzynski to approve the modification of the hours of
operation for an existing bocce ball facility (Campo di
Bocce) on property zoned LM. Conditional Use
Permit Application U-08-008 APN: 529-07-096.
Property location: 565 University Avenue. Property
Owner: Campo di Bocce, Los Gatos LLC Applicant:
Campo di Bocce, Los Gatos LLC/Tom Albanese and
to approve the CUP application with the required
findings in Attachment 1 of the staff report and the
Conditions of Approval in Attachment 2 of the staff
report and to include the amended conditions in
Attachment 2 which include Item #14, neighborhood
meeting requirement, Item #15, the complaint hotline,
and #16, the year review process.
Amended motion to include:
Clarification on Condition #3 - that on holidays and on
evenings before holidays alcohol service would
terminate no later than 11:00 p.m.
Seconded by Council Member Steve Glickman.
VOTE: Motion passed unanimously.
OTHER BUSINESS
10. Consider adoption of a resolution adopting the draft Music in the Park
Guidelines and Rescinding Resolution 2003-138.
RESOLUTION 2008- 124
Staff report made by Regina Falkner, Director of Community Services
Department.
Council Comments
Requested clarification on the definition of a "signature event" for the Arts
Commission.
Questioned the plan to limit attendance to the Music in the Parks events.
Requested the clarification on the coordination of logistics for the events.
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Other Business Item #10 – Continued
Ms. Falkner
Clarified that there is a large amount of time spent on the Music in the
Park project and the Arts Commission would like to make the Music in the
Park their main priority.
Clarified that the event has reached the capacity of the Civic Center Lawn.
Commented that limiting the advertising locally to attract Town residents is
an option that has been discussed by the Arts Commission.
Suggested clarification on distinguishing Town staff responsibilities and
Arts Commission responsibilities.
Mr. Larson, Town Manager
Clarified that there were two specific ideas discussed by the Arts
Commission relating the "signature event." One idea was to invite artistic
groups of all styles and cultural origins to be featured at various Music in
the Park concerts. The other was to use excess funds raised by Music in
the Park to augment the Arts grant program to support artistic
opportunities in the broader community beyond music and performing arts.
Open Public Comments
Mr. Knowles
Commented on leveraging the Music in the Park to benefit other arts in
Town.
Commented on the diversity of music suggested for the concerts.
Commented that he is impressed with the resolution and the draft
guidelines for Music in the Park.
Council Comments
Suggested that the Arts Commission may want to form a "Friends of the
Music in the Park" group to help with the burden of details and logistics to
put on the event.
Expressed concerns about the wording in the guidelines referring to a
"cultural event" and would like to see the policy wording under Section A,
Bullet 2, remain in the guidelines.
Mr. Davis
Expressed concerns about sitting close to the loud speakers and that the
excessive noise level may damage children's ears.
Suggested that the health, safety and welfare of the community comes
first and the Town needs to address the issue relating to excessive noise
amplified from the speakers.
Closed Public Comments
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Other Business Item #10 – Continued
Mr. Larson, Town Manager
Commented that the issue of the sound system was discussed and
suggestions were made to improve the sound system for the 2009 events.
Commented that the Arts Commission discussed a variety of possible
solutions that can be worked on for future events.
MOTION: Motion by Vice Mayor Mike Wasserman to adopt a
resolution adopting the draft Music in the Park Guidelines
and Rescinding Resolution 2003-138.
Seconded by Council Member Joe Pirzynski.
Council Discussion
Requested that the statement under Section "A", Bullet #2 which states:
"Exhibit a variety of styles and a diversity of cultural origins .”
The Maker of the Motion and the seconder did not agree to the
suggestion.
MOTION: Motion by Council Member Steve Glickman requesting
that the statement under Section "A", Bullet #2 which states:
"Exhibit a variety of styles and a diversity of cultural origins.”
Motion failed due to lack of second.
Council Discussion
Commented that the revision of language to the guidelines does not reflect
a statement by Council to stand against diversity.
Commended the Arts Commission and staff for their time and
suggestions on the revisions of the Music in the Park Guidelines.
VOTE: Motion carried 4/1. Council Member Steve Glickman
voted no.
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Other Business - Continued
11. Introduce Ordinance of the Town of Los Gatos pursuant to California
Government Code Section 36510 delegating authority to appoint the
Town Clerk and Town Treasurer and amending the Town Code by
repealing sections 1.10.120 and 2.30.035 regarding the elected Town
Clerk and Town Treasurer and appointed Clerk Administrator.
Staff report made by Orry Korb, Town Attorney.
Council Comments
Requested clarification on election responsibilities.
Questioned if the Town Clerk position should be appointed by Council for
purposes of "checks and balances."
Mr. Korb, Town Attorney
Clarified the process between an appointed clerk position through the
manager verses an appointed clerk position through the Council.
Commented on the election process and Council’s authority to delegate
the responsibilities prior to an election.
Clarified that the Town consolidates its elections with the County of Santa
Clara and that the Clerk works hand in hand with the Registrar of Voters
during the election process.
Commented that the County Registrar of Voters gives the Town all
necessary materials to ensure that matters are placed on the ballot
properly and that candidates have the materials they need.
Mr. Larson, Town Manager
Commented on the professionalism of the Clerk position.
Open/Close Public Comment
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Other Business Item #11 – Continued
Mayor Barbara Spector directed Jackie Rose, Clerk Administrator to read the
title of the ordinance.
MOTION: Motion by Council Member Joe Pirzynski to wave the
reading of the reading of the ordinance.
Seconded by Council Member Steve Glickman.
VOTE: Motion passed unanimously.
MOTION: Motion by Council Member Joe Pirzynski to introduce an
ordinance of the Town of Los Gatos pursuant to California
Government Code Section 36510 delegating authority to
appoint the Town Clerk and Town Treasurer and amending
the Town Code by repealing sections 1.10.120 and 2.30.035
regarding the elected Town Clerk and Town Treasurer and
appointed Clerk Administrator.
Seconded by Council Member Steve Glickman.
VOTE: Motion passed unanimously.
Mayor Barbara Spector directed Jackie Rose, Clerk Administrator to advertise
the introduction of the ordinance.
PULLED CONSENT ITEMS
7. Approve Council/Agency minutes of October 20, 2008.
Mr. Davis
Commended the Clerk Administrator for the great job on the minutes.
MOTION: Motion by Council Member Diane McNutt to approve
Council/Agency minutes of October 20, 2008.
Seconded by Vice Mayor Mike Wasserman.
VOTE: Motion passed unanimously.
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Pulled Consent Items - Continued
8. PPW Job No. 07-22 - Police Operations Building Facility Project 821-
2401 Adopt resolution approving plans and specifications for the
Police Operations Building Facility Project and authorize staff to
advertise the project for bid. RESOLUTION 2008-123
Mr. Davis
Commented about the glare from the lights at the proposed Police
Operations Building and suggested that some kind of re-design be done to
resolve the glare.
Commented that neighborhood input may be necessary to resolve issues
related to police vehicles coming and going 24 hours a day.
MOTION: Motion by Vice Mayor Mike Wasserman to adopt
resolution approving plans and specifications for the Police
Operations Building Facility Project and authorize staff to
advertise the project for bid.
Seconded by Council Member Joe Pirzynski.
Council Comments
Commented that the Town should spend funds to move the entire Police
Department to Los Gatos Boulevard and expand the Library into the
current police building.
VOTE: Motion passed unanimously.
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COUNCIL/TOWN MANAGER REPORTS
12. Council Matters
Mayor Barbara Spector
Commented about the partnership between the Town and the Red Cross
to provide first aid training to the community.
Commented on the partnership between the Town of Los Gatos and P.G.
& E. to join the Climate Smart program.
Commented that as part of the program P.G. & E. will give the Town
$5,000 for LED lights for the downtown street trees and for the lights
across the Main Street Bridge. The funds will be administered by the
Community Foundation since they have taken the lead on changing the
Town’s holiday lights to LED.
Commended Orry Korb, Pamela Jacob, and Patsy Garcia for their
years of service with the Town of Los Gatos.
Council Member Joe Pirzynski
Commented against the brochure that was sent out by Steve
Glickman.
Commented that the actions by Steve Glickman were not represented
by the other Council Members.
Council Member Steve Glickman
Clarified his opinions about the contents of the mailer.
Commented that he was not speaking about the volunteers in the Town.
Commented that the criticism was aimed towards a social club in Town
that has weighed in on political matters.
Commented on recommendations made by County Waste Recycling
Committee on the use of plastic bags.
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13. Manager Matters
Greg Larson, Town Manager
Commented on the Town’s success of "Second Chance" week.
Commended a father/daughter team that spent over 3 hours sorting all the
good that were dropped off for the drive.
Commented on the number of Vote by Mail ballots received in the Clerk
Department.
Commended Pamela Jacobs, Orry Korb, and Patsy Garcia for their
years of service to the Town, with special commendation to Patsy Garcia
for 35 years of service to the Town, and a number of Town Managers and
Town Councils.
ADJOURNMENT
Attest:
/s/Jackie D. Rose, Clerk Administrator