M02-02-091
MINUTES OF THE TOWN COUNCIL/PARKING
AUTHORITY/REDEVELOPMENT AGENCY
FEBRUARY 2, 2009
The Town Council of the Town of Los Gatos conducted a Special Meeting on
Monday, February 2, 2009 at 5:00 p.m. to conduct Board, Commission, and
Committee interviews.
BOARDS/COMMISSION/COMMITTEES INTERVIEWS
Planning Commission (1 vacancy, 7 applicants)
General Plan Committee (1 vacancy, 5 applicants)
Community Services Commission (2 vacancies, 4 applicants)
Historic Preservation Committee (1 vacancy, 2 applicants)
Michelle Thiebaud, applicant for the Community Services Commission, was
unable to attend the interviews.
Mayor Mike Wasserman postponed the appointments to the Community
Services Commission until the meeting of February 17, 2009.
Ms. Thiebaud will be interviewed prior to the February 17, 2009 Town Council
meeting.
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/COMMENDATION - Los Gatos Kiwanis
Mayor Mike Wasserman introduced the Los Gatos Kiwanis Club and invited
them to sing prior to the Pledge of Allegiance.
The Los Gatos Kiwanis Club sang "God Bless America" and led the Pledge of
Allegiance. The audience was invited to participate.
Mayor Mike Wasserman presented a commendation to the Kiwanis for their
contributions to the community.
2
"STATE OF THE TOWN ADDRESS"
Mayor Mike Wasserman gave the "State of the Town" address which included
comments on "where we were,” "where we are now" and "where we are going."
PRESENTATION
Medal of Valor - Officers Bryan Paul and Joe Romeo
Chief Scott Seaman presented the Medal of Valor to Brian Paul and Joe
Romeo for going beyond the call of duty in rescuing residents whose car had
rolled down a steep hill.
Mayor Mike Wasserman called for a brief recess at 7:40 p. m. Meeting
resumed at 7:46 p. m.
TOWN COUNCIL
COUNCIL/TOWN MANAGER REPORTS
COUNCIL MATTERS
Council Member Barbara Spector
Thanked Hobie's restaurant for using environmental material for their
takeout products.
Council Member Steve Rice
Questioned why Eucalyptus trees are listed as a protected species under
our tree ordinance.
Requested agreement from one other Council member to have the
ordinance reviewed and agendized for a future Council meeting.
Mayor Mike Wasserman agreed and requested that the item be
agendized for a future meeting.
MANAGER MATTERS
There were no manager matters reported at this meeting.
CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION)
1. Accept Treasurer’s Reports for November and December 2008.
2. Approve Council minutes of January 27, 2009.
3. Adopt resolution amending agreement between the Town of Los
Gatos and the Town Manager and authorizing the Mayor to sign the
amendment. RESOLUTION 2009-008
3
Consent Items – Continued
4. Adopt resolution authorizing the Town Manager to execute an
agreement with the City of Campbell to provide court liaison services
for the Town of Los Gatos/Monte Sereno Police Department and to
authorize the Town Manager to execute future amendments to the
agreement. RESOLUTION 2009-009
5. Adopt resolution authorizing the Town Manager to negotiate and
execute agreements to revise the employee dental plan and change
providers for the life, accident and disability insurance plans.
RESOLUTION 2009-010
6. Proposition 1B Local Streets and Roads Funds Application for FY
2008-09
a. Adopt a resolution authorizing application for Proposition 1B Local
Streets and Roads Funds for FY 2008/09. RESOLUTION 2009-011
b. Upon confirmation of State approval, authorize budget adjustment for
FY 2008/09 - 2012/13 Capital Improvement Program to appropriate
Proposition 1B Funds to the Curb, Gutter, and Sidewalk Replacement
Account 411-813-9921.
7. Adopt ordinance 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. ORDINANCE 2172
TOWN COUNCIL/REDEVELOPMENT AGENCY
8. Approve Council/Agency minutes of January 20, 2009.
Mr. Davis pulled Consent Items #1, #3, #6.
Mayor Mike Wasserman stated that the Pulled Consent Items would be heard
after Other Business.
MOTION: Motion by Council Member Steve Rice to approve
Consent Items #2, #4, #5, #7 and #8.
Seconded by Council Member Barbara Spector.
VOTE: Motion passed unanimously.
4
VERBAL COMMUNICATIONS
Mr. Davis
Stated that he did not agree with Mayor’s Comments during the January
20, 2009 Council meeting regarding the $6 million sale of the Vasona
property to Santa Clara County.
Commented that the Mayor should not have commented on the subject
and that he violated the Brown Act.
Ms. Stone
Commented that Round Up pesticide was sprayed along Los Gatos Creek
Trail.
Suggested that the Town use a non-toxic measure in lieu of pesticides.
Closed Verbal Communication
Todd Capurso, Director of Parks and Public Works
Commented that the Town does apply pre and post emergents in
compliance with the State regulations in undeveloped or minimally
developed areas.
Commented that the Town will continue to research alternative uses for
certain areas.
Mr. Korb, Town Attorney
Commented that Mayor Mike Wasserman did not violate the Brown Act and that
he is entitled to comment under Verbal Communications.
BOARDS/COMMISSION/COMMITTEES APPOINTMENTS
Planning Commission (1 vacancy, 7 applicants)
Charles Erekson was appointed to the Planning Commission.
General Plan Committee (1 vacancy, 5 applicants)
Chuck Sloan was appointed to the General Plan Committee.
Community Services Commission (2 vacancies, 4 applicants)
Appointments will be made at the February 17, 2009 Town Council
Meeting.
Historic Preservation Committee (1 vacancy, 2 applicants)
John Almash was appointed to the Historic Preservation Committee.
5
OTHER BUSINESS
9. Introduce an ordinance establishing Wild Land-Urban Interface Fire
Area.
Staff report made by Anthony Ghiossi, Senior Building Inspector.
Council Comments
Questioned the definition of new structures.
Questioned if objects and vegetation would need to be removed from the
perimeter of a structure.
Questioned if the defensible space requirement would include grading the
hillside.
Questioned if it is a conflict of interest to vote on the ordinance if a Council
member or members live within the Urban Interface Fireland area.
Mr. Ghiossi
Clarified that there is a 30 to 70 foot defensible space requirement.
Commented that the requirement speaks to clearing debris not grading the
hillside.
Mr. Larson
Clarified that the application of the ordinance does not negate the
existence of the grading ordinance and other land use requirements.
Council Member Steve Rice, Vice Mayor Diane McNutt and Mayor Mike
Wasserman stated that they own property in the high risk area.
Mr. Korb
Commented that all three Council members would probably fall under the
"general context" meaning that the impact of this decision on each Council
member would be no different than the public generally, but since there is
no analysis to determine the number of households affected by the
ordinance it would be best to draw straws to determine which Council
member will remain seated for a majority vote.
Mayor Mike Wasserman and Council Member Steve Rice drew the short
straws and recused themselves from this item.
Vice Mayor Diane McNutt chaired the meeting
Open Public Comments
Mr. Davis
Commented about fire on the ridges, mountains and hillsides.
Commented that the residents of Orinda formed their own fire district.
6
Other Business Item #9 – Continued
Closed Public Comments
Mayor Mike Wasserman directed Jackie Rose, Clerk Administrator, to read the
title of the ordinance.
MOTION: Motion by Council Member Joe Pirzynski to waive the
reading of the ordinance.
Seconded by Council Member Barbara Spector.
VOTE: Motion passed unanimously.
MOTION: Motion by Council Member Joe Pirzynski to introduce the
ordinance to effectuate the Town Code amendment and
instruct the Clerk Administrator to publish a summary and
notice no more than five days prior to adoption.
Seconded by Council Member Barbara Spector.
VOTE: Motion passed unanimously.
10. Review, affirm and provide direction to staff on Los Gatos Boulevard
Plan.
Staff report made by Bud Lortz, Director of Community Development.
Open Public Comments
Mr. Dare
Commented on the development of Los Gatos Boulevard.
Suggested that buildings be designed with a setback from the road.
Commented on his preference for mixed use including housing for the Los
Gatos Boulevard Plan.
Suggested considering the ability to have some community-serving retail,
neighborhood-serving retail, and some larger types of uses along Los
Gatos Boulevard.
Commented that he would like to have clarity on setbacks in the Los
Gatos Boulevard Plan.
Commented that the 15-foot setback should not be required for the side of
Los Gatos Boulevard with views of the hills.
7
Other Business Item #10 – Continued
Council Comments
Questioned the current setback requirement for the Los Gatos Boulevard
Plan.
Questioned if Mr. Dare has a plan to demolish the Ford dealership located
at Los Gatos Boulevard and Gateway Drive.
Questioned if they are planning to do any grading at the site.
Requested clarification about mixed use under the current zoning
regulations.
Questioned if community and neighborhood-serving retail would be
possible under the current Los Gatos Boulevard Plan.
Mr. Lortz
Clarified that the current setback requirement for Los Gatos Boulevard is
15 feet.
Commented that mixed use would be possible under a Planned
Development application or Conditional Use Permit.
Commented that all auto dealership replacement projects would require a
Planned Development application.
Mr. Davis
Commented that zoning is a privilege and that developers should have no
property rights.
Commented that a good example of a design on Los Gatos Boulevard is
the new building at Lark Avenue and Los Gatos Boulevard .
Commented that the direction should come from the community when
designing the Los Gatos Boulevard plan.
Mr. Larson, Town Manager
Commended Mr. Lortz on his years of leadership, service to the Town of
Los Gatos, including the original drafting of the Los Gatos Boulevard Plan
and the re-analysis of the plan.
Commented that Mr. Dare is a significant property owner on the
Boulevard and that staff believes that the proposed recommendations will
address some of the issues raised by Mr. Dare.
Commented that staff’s recommended action is to re-affirm the Los Gatos
Boulevard Plan and to let staff come back to Council with specific
recommendations in all five areas stated in the staff report.
Closed Public Comments
8
Other Business Item #10 – Continued
Council Discussion
Commented that the Los Gatos Boulevard would never become a Stevens
Creek Boulevard or the El Camino.
Commented that the Town is at a crucial point in its history, and the vision
of the Los Gatos Boulevard plan should not be abandoned.
Would like to see staff come back to Council with the projected
possibilities for the streetscape, a focus on lane variations, and pedestrian
friendly walkways.
MOTION: Motion by Council Member Joe Pirzynski to re-affirm the
Los Gatos Boulevard Plan and provide direction on the
following issues:
Preservation of specific scenic vista
opportunities;
Provision and maintenance of enhanced public
improvements and streetscape;
Protection of long-term retail, office and other
commercial opportunities at key intersections
and on large parcels;
Desirable variations in building heights,
massing, setbacks, and parking; and
Limited mixed use housing opportunities to
encourage other Los Gatos Boulevard Plan
goals and strategies.
Seconded by Vice Mayor Diane McNutt.
VOTE: Motion passed unanimously.
9
Other Business Item #10 – Continued
Council Discussion
Discussion on recommendation #1
Would like to have vista opportunities along Los Gatos Boulevard and not
at specific scenic vista locations.
Commented that the north side of Los Gatos Boulevard does not offer as
much of a view of the hills and should have a potential for greater building
heights.
Would like to see a definition of a scenic vista.
Questioned if there was discussion about the preservation of existing
trees.
Commented about the loss of views when they built the structure at
Blossom Hill Road and Los Gatos Boulevard.
Would like to take a look at providing preservation of vistas and to allow
certain architecture that would complement the vistas along the
Boulevard.
Discussion on recommendation #2
Commented that the streetscape of the Los Gatos Boulevard Plan should
be pedestrian friendly.
Questioned if there are any plans to complete the Los Gatos Boulevard
north of Lark Avenue.
Mr. Lortz
Commented that this would be an excellent opportunity to engage in a
discussion with the property owners north of Lark Avenue as part of the
Los Gatos Boulevard Plan.
Council Discussion
Questioned if the Los Gatos Boulevard Plan would include north of Lark
Avenue to Shannon Road.
Would like to see a 4 lane road from Gateway Drive to Blossom Hill Road.
Commented on the different uses with a 4 lane and 6 lane roads along the
stretch.
Questioned if Council could set boundaries for the Los Gatos Boul evard
Plan.
Questioned the idea of forming improvement districts along the Boulevard.
Questioned how auto dealership use is addressed in the Los Gatos
Boulevard Plan.
10
Other Business Item #10 – Continued
Council Discussion – Continued
Commented that the current plan goes from 85 at the north to Spencer
Avenue to the south.
Would like to see more clearly defined pedestrian friendly intersections.
Suggested using the intersection at Los Gatos Boulevard and Blossom Hill
Road as a model.
Discussion on Recommendation #3 and #5
Questioned if a small percentage of housing is acceptable in the plan.
Commented that the Los Gatos Boulevard growth should fill gaps in retail
and mixed use that are not currently provided in the community.
Would like to see a sales tax leakage study done for the area.
Commented that the housing element should target areas that would
provide housing stock that is needed in Los Gatos.
Commented on the opportunity to add community-serving retail and
restaurants that would complement the downtown area.
Would like to see long term land use for the Los Gatos Boulevard .
Questioned the current zoning regulation for the area.
Commented on the residential components located adjacent to Los Gatos
Boulevard.
Commented that the Los Gatos Boulevard Plan should welcome the
neighborhoods.
Questioned how to create community centers that are welcoming and
inviting to the public.
Discussion on Recommendation #4
Commented that the variation in heights is a plus for Los Gatos Boulevard.
Would like to see architecture that is unique, creative and functional.
Questioned the general height of a one story building.
Would like to see staff come back with recommendations on height
requirements and current building heights on Los Gatos Boulevard.
Commented on different parking solutions to create a pedestrian friendly
design.
Consensus given to the direction provided by Council for the Los Gatos
Boulevard Plan.
11
PULLED CONSENT ITEMS
1. Accept Treasurer’s Reports for November and December 2008.
3. Adopt resolution amending agreement between the Town of Los
Gatos and the Town Manager and authorizing the Mayor to sign the
amendment. RESOLUTION 2009-008
6. Proposition 1B Local Streets and Roads Funds Application for FY
2008-09
a. Adopt a resolution authorizing application for Proposition 1B Local
Streets and Roads Funds for FY 2008/09. RESOLUTION 2009-011
b. Upon confirmation of State approval, authorize budget adjustment for
FY 2008/09 - 2012/13 Capital Improvement Program to appropriate
Proposition 1B Funds to the Curb, Gutter, and Sidewalk Replacement
Account 411-813-9921.
Mr. Davis
Commented about the use of the $6 million from the sale of the Vasona
property.
Commented that the Treasurer’s Report did not mention that the $6 million
from the sale was ear marked for sports uses.
Commented that the contract for the Town Manager should be part of the
public record and not a Consent Item.
Commended Mr. Larson for a job well done.
MOTION: Motion by Council Member Steve Rice to approve
Consent Items #1, #3, and #6.
Seconded by Council Member Joe Pirzynski.
VOTE: Motion passed unanimously.
ADJOURNMENT
Attest:
/s/ Jackie D. Rose, Clerk Administrator