M01-20-091
MINUTES OF THE TOWN COUNCIL/PARKING
AUTHORITY/REDEVELOPMENT AGENCY
JANUARY 20, 2009
The Town Council of the Town of Los Gatos conducted a Regular Meeting on
Tuesday, January 20, 2009 at 7:00 P.M.
TOWN COUNCIL/PARKING AUTHORITY/REDEVELOPMENT AGENCY
MEETING CALLED TO ORDER
ROLL CALL
Present: Mayor Mike Wasserman, Vice Mayor Diane McNutt,
Council Member Joe Pirzynski, Council Member Steve Rice,
Council Member Barbara Spector
Absent: None.
PLEDGE OF ALLEGIANCE
The Los Gatos High School Football Team and Butch Cattalico led the
Pledge of Allegiance. The audience was invited to participate.
Mr. Cattalico thanked the Town for the recognition and the team for their time,
sacrifice, and effort which resulted in another great season.
CLOSED SESSION REPORT
PUBLIC EMPLOYEE PERFORMANCE EVALUATION
(Government Code Section 54957)
Title: Town Manager
Mr. Korb stated that direction was given and no action was taken.
CONFERENCE WITH LABOR NEGOTIATOR
(Government Code Section 54957.6)
Agency Negotiator: Rumi Portillo, Human Resources Director
Unrepresented Employee: Town Manager
Mr. Korb stated that direction was given and no action was taken.
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PRESENTATIONS
Proclamation
American Red Cross - National Blood Donor Month
Mayor Mike Wasserman proclaimed the month of January, 2009 as National
Blood Donor Month.
Ms. Kassel and Ms. Rohner accepted the proclamation on behalf of the
American Red Cross.
COUNCIL/TOWN MANAGER REPORTS
Council Matters
There were no Council Matters for this meeting.
Manager Matters
Mr. Larson
Commented that Los Gatos Community Hospital has announced that they
will be closing the hospital on April 10, 2009.
Commented that staff has been meeting with all parties to ensure
sufficient communication to the community about resources available
during the transition, and to minimize the length of the closure.
TOWN COUNCIL
CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION)
1. Ratify payroll for the month of December 2008
2. Ratify accounts payable for December 2008
3. Accept staff report on evaluation of Town Code Ordinance 2155 and
regulatory permit process regarding the regulation of massage
therapy establishments and massage therapy practitioners.
4. Adopt resolution approving a request to modifying an existing
Conditional Use Permit to allow the service of beer and wine with
meals (Aldo’s Deli) on Property Zoned C-1 and to approve outdoor
seating( two seats); APN 529-07-094. Conditional Use Permit: U-08-15;
Property Location: 440 N. Santa Cruz Avenue (Aldo’s Deli) Property
Owner: Los Gatos Shopping Center LLC; Applicant: Barbara
Lonsbury. RESOLUTION 2009-001
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Consent Items – Continued
5. Adopt resolution amending Town Council Agenda Format and Rules.
RESOLUTION 2009-002
6. Adopt resolution amending the agreement between the Town of Los
Gatos and the Town Attorney and authorizing the Mayor to sign the
amendment. RESOLUTION 2009-003
7. Adopt resolution authorizing the Town Manager to execute an
agreement with the County Of Santa Clara relating to the goals and
objectives of The DNA Fingerprint, Unsolved Crime And Innocence
Protection Act (Prop 69). RESOLUTION 2009-004
8. Project A09-16 - Tree Pruning and Removal
a. Adopt resolution declaring Trugreen Landcare to be the lowest
responsible bidder on the project and awarding a tree pruning and
removal contract in the amount of $44,440.05. RESOLUTION 2009-005
b. Authorize staff to issue change orders to the agreement up to an
amount of $35,000 Award FY 08/09 Tree Pruning Contract.
REDEVELOPMENT AGENCY
9. Ratify accounts payable for December 2008
TOWN COUNCIL/REDEVELOPMENT AGENCY
10. Approve Council/Agency minutes of December 15, 2008.
MOTION: Motion by Council Member Joe Pirzynski to approve
Consent Items #1-10.
Seconded by Council Member Steve Rice.
VOTE: Motion passed unanimously.
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VERBAL COMMUNICATIONS
Mr. Davis
Commented that $6 million was not enough money for the 13.5 acres at
Vasona Park which the Town sold to Santa Clara County.
Commented that Santa Clara County could afford more than $6 million.
Ms. Fern
Commented that she is the director of the 211 program provided by the
United Way of Silicon Valley.
Commented about basic needs met by the 211 call center.
Thanked the Town for its continued partnership and referrals to the 211
program.
Closed Verbal Communications
Mayor Mike Wasserman
Commented that the property value of the Town owned property at
Vasona Park was assessed numerous times by professional appraisers
and that Council determined that the cost was appropriate .
Commented that the funds from the sale of the property have been set
aside for future park uses.
Mayor Mike Wasserman stated that Item #11 would be heard after Item #13.
TOWN COUNCIL - PUBLIC HEARINGS
12. Adopt resolution authorizing the continued use of Supplemental Local
Law Enforcement Services Funds (SLESF) to provide funding for two
(2) full-time police officers assigned as motorcycle traffic officers.
RESOLUTION 2009-006
Open/Close Public Hearing
MOTION: Motion by Council Member Joe Pirzynski to adopt
resolution authorizing the continued use of Supplemental
Local Law Enforcement Services Funds (SLESF) to provide
funding for two (2) full-time police officers assigned as
motorcycle traffic officers.
Seconded by Council Member Barbara Spector.
VOTE: Motion passed unanimously.
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Public Hearings – Continued
13. Consider a request for approval of a Planned Development
amendment to allow accessory structures. APN 567-24-010 through
023. Property location: Shannon Valley Ranch (Shannon Oaks Lane
and Mountain Laurel Lane). Property owner/applicant: Kevin C.
Thompson & GHC Shannon Valley Ranch. File# PD-08-003.
Staff report made by Bud Lortz, Director of Community Development.
Council Comments
Requested clarification on which paragraphs would be amended as part of
the Planned Development.
Questioned how the Development Review process will be done.
Mr. Lortz
Clarified that the wording in condition #9 refers to accessory structures as
stated in the Desk Item.
Clarified the Development Review Committee’s process for reviewing
applications.
Open Public Hearing
Mr. Thompson
Commented about the prior amendments to the Planned Development at
Shannon Valley Ranch.
Would like to see the ordinance amended to allow accessory structures on
the lots.
Mr. Stanley, Developer
Commented that they are not looking to overturn the Planned
Development, but to clearly address the consistency for the entire
development.
Mr. Davis
Commented about the gist of the prior public hearings relating to the
development of Shannon Valley Ranch.
Commented that the discussions were to keep the structures to a
minimum at that location.
Commented that there is a need to regulate accessory structures.
Commented that he agrees with the Planning Commission’s
recommendations.
Closed Public Hearing
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Public Hearing Item #13 – Continued
Council Discussion
Commented that the direction of prior public hearings for Shannon Valley
Ranch was to create "best practices" for development in the Shannon
Valley area.
Commented that the components of accessory structures were not
addressed in the Planned Development.
Commented that the proposed application is in keeping with t he current
Planned Development.
Commented that the Hillside Standards and Guidelines are designed to
protect the hillsides and are appropriate for this planned development
amendment.
MOTION: Motion by Council Member Joe Pirzynski to uphold the
Planning Commission’s recommendation and approve
Planned Development Application PD-08-03 and to include:
Amendment to condition #9 which reads:
Accessory Structures. Accessory structures
are allowed provided they are in compliance
with the Hillside Development Standards &
Guidelines, and shall be reviewed and
processed in accordance with those standards
and guidelines.
Make the required findings (Attachment 1) and
approve the application subject to the
conditions included in the Planned
Development Ordinance (Attachment2)
Seconded by Vice Mayor Diane McNutt.
Council Discussion
Commented that the Hillside Standards and Guidelines have specific
limitations on what can be built and the hillsides are well protected by the
language in the guidelines.
Questioned if grading permits would be required for any of the other lots.
Questioned the number of accessory structures permitted per lot.
Mr. Lortz
Clarified that the grading ordinance is a complex document.
Commented that a majority of the lots are built out and would only be
allowed one more structure.
VOTE: Motion passed unanimously.
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Public Hearings – Continued
Direct Jackie Rose, Clerk Administrator to read the title of the ordinance.
MOTION: Motion by Council Member Joe Pirzynski to move to
waive the reading of the ordinance.
Seconded by Council Member Diane McNutt
VOTE: Motion passed unanimously.
MOTION: Motion by Council Member Joe Pirzynski to move to
introduce the ordinance to effectuate Planned Development
PD-07-01.
Seconded by Council Member Diane McNutt.
VOTE: Motion passed unanimously.
PUBLIC HEARINGS
11. Hazardous Vegetation - Weeds Adopt resolution ordering abatement
of hazardous vegetation (weeds). RESOLUTION 2009-007
Open/Close Public Hearing
MOTION: Motion by Vice Mayor Diane McNutt to adopt resolution
ordering abatement of hazardous vegetation (weeds).
Seconded by Council Member Joe Pirzynski.
VOTE: Motion passed unanimously.
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OTHER BUSINESS
14. New Los Gatos Library Project.
a. Review final conceptual design for new library
b. Authorize Town Manager to negotiate and execute agreement with
Noll & Tam Architects in an amount not to exceed $1,766,735.00 for
schematic design through construction administration services for
the new Los Gatos Library.
Staff report made by Pamela Jacobs, Assistant Town Manager.
Noll and Tam Architects presented a power point presentation on the final
conceptual design.
Council Comments
Questioned the side view lines between the service floor and teen center.
Questioned if there is a public restroom located on the first floor other than
in the children’s area.
Commented that it would be an improvement to have restrooms near the
periodical area.
Expressed concerns about closing out the views of Pageant Ground.
Commented that the west elevation has few windows.
Requested clarification on the size of the restrooms in the children’s area.
Mr. Noll
Commented that they could refine the plans to include a second restroom
located near the periodicals.
Commented that the windows on the west elevation are very large.
Open Public Comments
Mr. Davis
Commented that the architects have not mentioned re-designing lights for
the parking lots.
Commented that public safety should be a concern.
Commented that the new Library should be warm and inviting.
Questioned if the proposed conceptual design steps into the hillside.
Questioned if the proposed design has outdoor seating.
Closed Public Comments
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Public Hearing Item #14 – Continued
Council Discussion
Thanked the friends of the Library for their continued support to help fund
the new library.
MOTION: Motion by Council Member Joe Pirzynski to adopt the
new Los Gatos Library Project as follows:
a. Review final conceptual design for new library
b. Authorize Town Manager to negotiate and execute
agreement with Noll & Tam Architects in an amount
not to exceed $1,766,735.00 for schematic design
through construction administration services for the
new Los Gatos Library.
Seconded by Council Member Barbara Spector.
VOTE: Motion passed unanimously.
ADJOURNMENT
Attest:
/s/ Jackie D. Rose, Clerk Administrator