M10-20-08
1
MINUTES OF THE TOWN COUNCIL/PARKING
AUTHORITY/REDEVELOPMENT AGENCY
OCTOBER 20, 2008
The Town Council of the Town of Los Gatos conducted a Regular Meeting on
Monday, October 20, 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
Kirsten and Kaitlyn Cook, students from Blossom Hill School, led the Pledge of
Allegiance. The audience was invited to participate.
CLOSED SESSION REPORT
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Government Code Section 54956.9[a])
(One Case) Moreno, et al., v. Town of Los Gatos, et al. USDC Case No. C 04 -
01617 JF
Mr. Korb stated that direction was given and no action was taken.
CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
(Government Code Section 54956.9[b])
(One Case) Santa Clara County Property Tax Administration Claim
Mr. Korb stated that direction was given and no action was taken.
2
Closed Session – Continued
CONFERENCE WITH LABOR NEGOTIATOR
(Government Code Section 54957.6)
Town Negotiator (Lead): Rumi Portillo, Human Resources Director Employee
Organizations: Police Officers’ Association Confidential Town Employees’
Association Management AFSCME
Mr. Korb stated that direction was given and no action was taken.
PRESENTATIONS
Commendations
Kirsten Ashleigh Cook and Kaitlyn Loren Cook - Safe Routes to
Schools
Mayor Barbara Spector presented Kirstin and Kaitlyn Cook with
commendations for their support, leadership role, and participation in the Safe
Routes to School /Blossom Hill Sidewalk project.
Leena Iyar, Community Services Commission (Student)
Yiran Zhang, Community Services Commission (Student)
Madeline Kervorkian, Parks Commission (Student)
Mayor Barbara Spector presented Leena Iyar with a commendation for her
volunteer time as a student member to the Community Services Commission and
recognized Yiran Zhang and Madeline Kervorkian (not present) for their
volunteer time as student commissioners.
Community/Business Recognition
Andrew Fanelli - Owner of All-pro Tae Kwon Do
Council Member Steve Glickman commended Andrew Finelli for his
dedication to youth in the community as a teacher of Tae Kwon Do.
Mr. Finelli thanked the Town and the community for their support.
Mayor Barbara Spector noted that Lyon Management, applicant for 347 Massol
Avenue, requested that Item #12 be continued to December 1, 2008.
3
TOWN COUNCIL
CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION)
1. Ratify payroll for September 2008.
2. Ratify accounts payable for September 2008.
3. Los Gatos/Monte Sereno Police Foundation Donation.
a. Adopt resolution authorizing the Town Manager to accept a donation
from the Los Gatos/Monte Sereno Police Foundation in the amount of
$48,800 for equipment, resources and training.
RESOLUTION 2008-113
b. Authorize a FY 2008-09 budget adjustment increasing General Fund
Police Department Donation Revenues and the General Fund Police
Department Foundation Donations Project expenditures in the amount
of $48,000.
4. Adopt resolution approving an update to the Management
Compensation Plan and authorizing the Town Manager to execute the
necessary documents to implement the updates.
RESOLUTION 2008-114
5. Adopt resolution granting approval to modify an existing Conditional
Use Permit to allow full liquor service with modified hours of
operation on property zoned C-2. Conditional Use Permit U-08-010.
Property location: 330 N. Santa Cruz Avenue. Property owner:
Meldimar LLC. Applicant: Richard Cole/M.S.D. Restaurant Co. LLC.
RESOLUTION 2008-115
4
Consent Items - Continued
6. Update and merge the pre-1941 Design Guidelines and the Residential
Development Standards for all single family and two family dwellings
in all zones except the resource conservation and hillside residential
zones.
a. Adopt ordinance amending Almond Grove Historic District Ordinance
consistent with design guidelines. ORDINANCE 2165
b. Adopt ordinance amending Broadway Historic District Ordinance
consistent with design guidelines. ORDINANCE 2166
c. Adopt ordinance amending Fairview Plaza Historic District Ordinance
consistent with design guidelines. ORDINANCE 2167
d. Adopt ordinance amending University/Edelen Historic District
Ordinance consistent with design guidelines. ORDINANCE 2168
e. Adopt ordinance amending zoning code regarding the duties of the
Historic Preservation Committee and the procedure for minor historic
projects. ORDINANCE 2169
7. PPW Job No. A09-009 - Equipment purchase of a Park Structure at
Live Oak Manor Park (411-831-3802)
a. Adopt resolution authorizing the Town Manager to execute an
agreement with Ross Recreation Equipment Company, Inc. for the
replacement purchase and installation of a park structure at Live Oak
Manor Park in the amount of $51,147. RESOLUTION 2008-116
b. Authorize a budget adjustment providing $51,147 in new
appropriations for the Live Oak Manor Playground Vandalism Repair
and Replacement project consisting of revenue budget adjustment of
$46,147 from the ABAG Insurance Claim Reimbursement and $5,000
from the General Fund Reserve for Future Capital Improvements.
5
Consent Items – Continued
8. PPW Job No. 06-03 - Street Resurfacing of Hillside Streets - Surface
Transportation Improvement Program (STIP) - Project 421-811-0001.
a. Adopt resolution declaring Granite Rock Company to be the lowest
responsible bidder on the project and award a construction contract
in the amount of $311,200. RESOLUTION 2008-117
b. Authorize staff to execute future change orders to the construction
contract as necessary up to an amount of $30,000.
c. Authorize a budget adjustment from the Annual Street Resurfacing
Program of $40,636 to be appropriated to this project.
REDEVELOPMENT AGENCY
9. Ratify accounts payable for September 2008.
TOWN COUNCIL/REDEVELOPMENT AGENCY
10. Approve Council/Agency minutes of October 6, 2008.
Mr. Davis pulled Consent Items #7 and #10.
Mayor Barbara Spector stated that the pulled Consent Items would be heard
after Other Business.
MOTION: Motion by Vice Mayor Mike Wasserman to approve
Consent Items #1-6 and #8, 9, and 11.
Seconded by Council Member Joe Pirzynski.
VOTE: Consent Items #1-4, #6 and #8, 9 and #11 passed
unanimously.
Consent Item #5 carried 4/1. Council Member Steve
Glickman voted no.
6
VERBAL COMMUNICATIONS
Mr. Guardino
Invited the community and Council to join the Silicon Valley/Applied
Materials annual Thanksgiving Turkey Trot Run/Walk and invited the
Mayor to join the Mayors Cup Challenge.
Mr. Davis
Commended staff on the new boiler for Town Hall.
Commended Mr. Capurso, Director of Parks and Public Works, for
removing the wood chip pile near Courtside Fitness Center.
Closed Verbal Communications
PUBLIC HEARINGS
11. Consider an appeal of a 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.
Staff report made by Bud Lortz, Director of Community Development.
Council Comments
Requested clarification on the fence height proposed by one of the
adjacent neighbors.
Questioned if a seven or eight foot fence is common for a neighborhood.
Mr. Lortz
Clarified that there was an agreement between the applicant and the
neighbor regarding fence height and staff was awaiting a decision from the
adjacent neighbor.
Clarified that it is not unusual for a property owner to request a fence that
is over six feet and both affected property owners must agree with the
requested fence height.
7
Public Hearing Item #11 – Continued
Open Public Hearing
Mr. Chambers, Appellant
Commented that the Planning Commission overlooked important facts
about safety issues related to parking at the location and along Mulberry
Drive.
Commented that all bedrooms have doors leading to outside and that the
windows are five feet high and the six foot fence does not address privacy
concerns.
Commented that the windows are five foot high and does not address
privacy with the six foot fence.
Requested that the doors from the bedrooms be eliminated.
Requested eliminating the windows that are in view of his property.
Requested that the foundation and ceiling be lowered to bring down the
height of the windows.
Ms. Richer, Applicant
Commented that the designs are within the allowed requirements of the
Town.
Commented that they have worked closely with the neighbors and the
Development Review Committee.
Ms. Xalung
Commented that the house will look like any other home and will fit in with
the community.
Ms. McCann
Commented that they are the owners of the home and will work to make
this a community project and that the project would be done right.
Commented they will continue to work with the neighbors to address their
concerns.
Council Comments
Requested clarification on the privacy issues with the adjacent neighbors.
Questioned how many windows have a direct view of the appellant's
property.
Ms. Richer
Commented that the home has to comply with strict State Fire Codes.
Commented that the applicant is willing to work with the adjacent
neighbors to eliminate privacy issues.
Commented that about 15% of the windows are in the view line of the
neighbor’s property.
8
Public Hearing Item #11 – Continued
Mr. Guy
Expressed concerns about the people who would be living at the
home and that there are issues with evacuation if there was an
emergency.
Commented on the legal process to make the site livable.
Questioned the parking issues at the location and along Mulberry Drive.
Mr. Dodds
Commented that they have built over sixty homes for disabled residents
who are being relocated from Agnews Hospital.
Commented about the emergency evacuation plans required by the State
for the project.
Council Comments
Questioned the staffing situation for the proposed home.
Ms. Richer
Explained that there would be two full time staff at the home 24 hours a
day.
Mr. Da Quino
Commented that Mulberry Drive is a narrow drive and parking is a
problem.
Commented that the applicants have not presented a parking plan for the
location.
Expressed concerns about safety issues without a parking plan in place.
Council Comments
Clarified that the Town does not have jurisdiction over the traffic issues.
Ms. Richer, Applicant
Clarified that there would be suitable parking at the location.
Commented that they are sensitive about the parking issues and are
willing to work with the neighbors to achieve solutions.
Commented that the State has strict occupancy codes for these types of
homes.
Commented that they feel that the home will blend with the community.
9
Public Hearing Item #11 - Continued
Mr. Chambers, Appellant
Commented about safety issues along Mulberry Drive with vehicles
entering and leaving the location.
Council Comments
Questioned if Mr. Chambers would be willing to have the applicant widen
the driveway.
Mr. Chambers
Commented that he is not willing to negotiate a shared driveway with the
applicant.
Closed Public Hearing
Council Discussion
Requested clarification about the fire safety and evacuation plans for the
proposed home.
Questioned if the doors and windows in bedrooms four and five could be
relocated.
Mr. Lortz
Commented that a shared driveway is not acceptable to the appellant.
Commented that they may be able to relocate the windows off the south
location.
Council Discussion
Questioned if the eight foot fence height is acceptable to the applicant.
Questioned if the fire safety issues would be addressed during the
Architecture and Site process.
Commented that the windows look into the garage and backyard and not
directly into the neighbor’s home.
Would like to see the property owner and adjacent owners work together
to achieve solutions.
10
Public Hearing Item #11 - Continued
Mr. Lortz
Suggested wording to indicate that the windows and doors be relocated to
the satisfaction of the Community Development Director.
MOTION: Motion by Council Member Joe Pirzynski to uphold the
decision of the Planning Commission to approve 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.
Seconded by Council Member Steve Glickman.
Council Discussion
Questioned if the motion included wording requesting that the neighbors
work with the applicant.
Requested changing the language on Condition #10 to read "up to eight
feet in height" to give flexibility to the applicant.
The maker of the motion agreed to amend the motion to add the revised
wording from the staff report to Condition #10.
The seconder of the motion agreed.
AMENDED MOTION: Amended Motion by Council Member Joe
Pirzynski to uphold the decision of the Planning
Commission to approve 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.
Amendment to include the revised wording under
Condition #10:
Fencing along the front, rear, and side property line
may be six feet in height with one foot of lattice with a
total height of seven feet or to a total height of eight
feet to be determined by the property owners in
agreement with the Director of Community
Development.
VOTE: Motion passed unanimously.
11
OTHER BUSINESS
12. 347 Massol Avenue Adopt Planned Development Ordinance making a
zone change from RM:5-12 to RM:12-20:PD for a fifty-six lot residential
subdivision to convert the existing apartments to condominiums at
347 Massol Avenue (APN 510-14-004) (Bay Tree Apartments)
(continued from 8/18/08) APPLICANT REQUESTS CONTINUANCE TO
12/1/08
Council Member Steve Glickman recused himself due to the location of his
residence.
Mr. Larson, Town Manager
Commented that staff is continuing to work with the applicant to address
concerns raised by the Council and surrounding neighbors.
Clarified that Lyon Management, applicant for Bay Tree apartments had
requested a continuance on the item to December 1, 2008.
Open Public Comments
Mr. Davis
Commented that deferred maintenance killed the condo conversion
business.
Suggested that a building inspection should be done by a third party and
should be required by an ordinance.
Closed Public Comments
MOTION: Motion by Council Member Diane McNutt to continue the
adoption of the Planned Development Ordinance making a
zone change from RM:5-12 to RM:12-20:PD for a fifty-six lot
residential subdivision to convert the existing apartments to
condominiums at 347 Massol Avenue (APN 510-14-004)
(Bay Tree Apartments) to December 1, 2008.
Seconded by Council Member Joe Pirzynski.
VOTE: Motion carried 4/0. Council Member Steve Glickman
recused himself due to the location of his residence.
12
PULLED CONSENT ITEMS
7. PPW Job No. A09-009 - Equipment purchase of a Park Structure at Live
Oak Manor Park (411-831-3802) RESOLUTION 2008-116
a. Adopt resolution authorizing the Town Manager to execute an
agreement with Ross Recreation Equipment Company, Inc. for the
replacement purchase and installation of a park structure at Live Oak
Manor Park in the amount of $51,147.
b. Authorize a budget adjustment providing $51,147 in new
appropriations for the Live Oak Manor Playground Vandalism Repair
and Replacement project consisting of revenue budget adjustment of
$46,147 from the ABAG Insurance Claim Reimbursement and $5,000
from the General Fund Reserve for Future Capital Improvements.
Mr. Davis
Expressed concerns about replacing the tot lot under the electrical wires
at Live Oak Manor Park.
Suggested that the Town contact P.G. & E. to discuss alternative solutions
for the high voltage wiring.
Mr. Larson, Town Manager
Commented that the tot lot is a replacement of the structure that was
previously destroyed in a fire and the replacement structures have been
reviewed by the Parks Commission.
Council Comments
Commented that the electromagnetic field studies have determined that
the high voltage wires are not a hazard to the public.
Commented that studies done about eight years ago at Live Oak Manor
Park concluded that the high voltage wires were not a hazard to the
public.
MOTION: Motion by Council Member Joe Pirzynski to approve
Consent Item #7.
Seconded by Council Member Steve Glickman.
VOTE: Motion passed unanimously.
13
Pulled Consent Items - Continued
10. Approve Council/Agency minutes of October 6, 2008.
Mr. Davis
Commented that his statements under Verbal Communications in the
October 6, 2008 minutes about Sara Cole and the hazards around the
Blossom Hill dirt lot were not accurate.
Suggested that the Town pave the dirt area and make the area a safe
parking zone for Blossom Hill Park.
MOTION: Motion by Council Member Joe Pirzynski to approve
Consent Item #10.
Seconded by Vice Mayor Mike Wasserman.
VOTE: Motion passed unanimously.
COUNCIL/TOWN MANAGER REPORTS
13. Council Matters
Council Member Steve Glickman
Commented about issues relating to the Arts Commission a nd the Brown
Act.
Expressed concerns regarding potential changes to the Music in the Park
guidelines.
14. Manager Matters
Mr. Larson
Commented that Bud Lortz, Director of Community Development will be
moving to the position of Deputy Town Manager and the Town will be
recruiting for a new Director of Community Development.
Commended Alana Forest and Jenny Haruyama on their temporary
rotation of positions within the Town.
14
Manager Matters – Continued
Mr. Larson – continued
Commented that Friday, October 24, 2008, is the last day to submit
applications to any Boards, Commissions, and Committees.
Commented that Saturday, November 1, 2008 will be the first community
input process for the update of the General Plan and will be held from 9:30
to 12:00 at Fisher Middle School.
Commented that there will be a study session on the new Library
conceptual design prior to the November 3, 2008 Town Council meeting.
Commented that on Thursday, November 13, 2008 , the Town will be
conducting a community meeting on the new Library conceptual design
process.
ADJOURNMENT
Attest:
/s/Jackie D. Rose, Clerk Administrator