M08-06-071
MINUTES OF THE TOWN COUNCIL/PARKING
AUTHORITY/REDEVELOPMENT AGENCY
AUGUST 6, 2007
The Town Council of the Town of Los Gatos conducted a Regular Meeting on
Monday, August 6, 2007 at 7:00 P.M.
TOWN COUNCIL/PARKING AUTHORITY/ REDEVELOPMENT AGENCY
MEETING CALLED TO ORDER
ROLL CALL
Present: Mayor Joe Pirzynski, Vice Mayor Barbara Spector, Council Member
Steve Glickman, Council Member Diane McNutt, and Council Member Mike
Wasserman.
Absent: None.
PLEDGE OF ALLEGIANCE - LED BY FUTURE LEADER
Pilar Svensen led the Pledge of Allegiance. The audience was invited to
participate.
CLOSED SESSION REPORT
CONFERENCE WITH LEGAL COUNSEL – PENDING LITIGATION
(Government Code Section 54956.9[a])
William Langer v The Town of Los Gatos
Mr. Korb stated that direction was given and no action was taken.
CONFERENCE WITH REAL PROPERTY NEGOTIATOR
(Government Code Section 54956.8)
Property: Vasona Property
Negotiating parties: Town of Los Gatos (Negotiator: Pamela Jacobs,
Interim Town Manager)
County of Santa Clara (Negotiator: Pete Kutras, County Executive)
Under negotiation: Price and terms of payment
Mr. Korb stated that direction was given and no action was taken.
PUBLIC EMPLOYEE PERFORMANCE EVALUATION
(Government Code Section 54957)
Title: Interim Town Manager & Special Advisor to Town Council
Mr. Korb stated that direction was given and no action was taken.
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ANNOUNCEMENTS
Town of Los Gatos 120 Year Anniversary
Mayor Pirzynski
Announced the Town’s 120th anniversary.
Reflected on 120 years of history in the Town of Los Gatos.
Execution of Climate Protection Agreement
Mayor Joe Pirzynski
Stated that he signed U.S. Conference of Mayors Protection Agreement
on behalf of the Town.
TOWN COUNCIL
CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION)
1. Ratify payroll for the months of:
a. June 2007
b. July 2007
2. Ratify Accounts payable for the month of June 2007
3. Approve Halloween Costume Cat-Walk proposal and identify a
funding source not to exceed $1,000
4. Accept report on Town Manager approved actions during Council
recess
5. Approve Council Study Session minutes of June 18, 2007
6. Appoint Mayor Joe Pirzynski as the primary voting delegate and Vice
Mayor Barbara Spector, Pamela Jacobs, Interim Town Manager and
Jenny Haruyama, Administrative Programs Manager as the alternate
voting delegates for the League of California Cities Annual
Conference scheduled for September 5-8, 2007 in Sacramento,
California
7. Adopt resolution approving the Management Compensation Plan for
Fiscal Year 2007/08.
RESOLUTION 2007-092
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Consent Items – Continued
8. Adopt resolution approving the Town of Los Gatos to authorize
investment of monies in the Local Agency Investment Fund
RESOLUTION 2007-093
9. Adopt resolution granting an appeal of a Planning Commission
decision denying modification of an approved Architecture & Site
application relating to grading and landscape improvements on
property zoned HR-2 ½. Architecture and Site Application S-06-066.
APN 537-24-013 Property Location: 15350 Suview Drive Property
Owner/Applicant/Appellant: Charles Hackett
RESOLUTION 2007-094
10. Adopt resolution approving a request for approval to modify an
existing Conditional Use Permit to allow service of beer and wine with
meals (Main Street Burgers) on property zoned C-2. Property
location: 20 S. Santa Cruz Avenue, Suite 200 File #U-07-142 Property
owner: John Feece, Sierra Management Applicant: Ed Rathmann
RESOLUTION 2007-095
11. Improved Radio Frequency Identification Self-Service
a. Authorize the Interim Town Manager to negotiate and execute an
agreement with "3M" for the purchase of one Radio Frequency
Identification Security and Self- Check Software System and
equipment for the Library Department in an amount not to exceed
$131,180
b. Authorize FY 2007/08 budget adjustment in the amount of $16,180
establishing a transfer of appropriations from the Town’s
Management Information Systems (MIS) Fund to the Town’s General
Fund Appropriated Reserves (GFAR) Capital Projects Fund, bringing
total authorized project appropriations to $131,180 for the RFID
Project
12. PPW Job No. 04-68 - Federal Project BRLO-5067 (012) - Replacement
of Roberts Road Bridge at Roberts Road over Los Gatos Creek, 0.10
Miles South of Blossom Hill Road). Adopt resolution authorizing
Interim Town Manager to execute a Program Supplement Agreement
and a revised Master Agreement with the State of California
Department of Transportation
RESOLUTION 2007-096
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Consent Items – Continued
13. Abatement of Hazardous Vegetation (Weeds)
a. Consider the report of the County Agricultural Commissioner’s Office
that all identified properties achieved voluntary compliance with
regard to the abatement of hazardous vegetation for the 2007-2008
season
b. Take no further action
14. Abatement of Hazardous Vegetation (Brush)
a. Consider the report of the County Agricultural Commissioner’s Office
that all identified properties achieved voluntary compliance with
regard to the abatement of hazardous vegetation for the 2007-2008
season
b. Take no further action
15. Adopt resolution authorizing the Interim Town Manager to negotiate
and execute an agreement with Attevo, Inc. to enhance the
Community Development Department Permit Tracking System
RESOLUTION 2007-097
REDEVELOPMENT AGENCY
16. Ratify Accounts Payable for the month of June 2007
TOWN COUNCIL/REDEVELOPMENT AGENCY
17. Approve Council/Agency minutes of June 18, 2007
18. Adopt resolution authorizing the Interim Town Manager to execute
contract with Ross Drulis Cusenbery Architects to prepare
construction drawings for the Police services building at 15900 Los
Gatos Boulevard
RESOLUTION 2007-098
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Consent Items – Continued
Consent Item #17 was pulled by Mr. Davis.
Mayor Joe Pirzynski stated that pulled Consent Item #17 will be heard after
Other Business this evening.
MOTION: Motion by Council Member Steve Glickman to approve
Consent Items #1-16 and Consent Item #18
Seconded by Council Member Diane McNutt.
VOTE: Consent Items #1-8, #11-16, and #18 carried 5/0.
Consent Item #9 Carried 4/0 - Council Member Barbara
Spector recused herself due to her association with the
Hackett Family.
Consent Item #10 carried 4/0 - Council Member Mike
Wasserman recused himself due to the location of his
residence.
VERBAL COMMUNICATIONS
Mr. Davis
Questioned if Mr. Kutras was present at the Closed Session discussion
about the Vasona property.
Commented on language in the Vasona lease agreement between the
County and the Town regarding park improvements which would become
Town property.
Closed Verbal Communications
PUBLIC HEARINGS
19. Consider a request to change zoning from CH to CH:PD, merge lots,
and construct a new commercial building on properties zoned CH. No
significant environmental impacts have been identified as a result of
this project and a Mitigated Negative Declaration is recommended.
APNS: 424-17-038 and 041 Planned Development Application PD-06-
05 Negative Declaration ND-07-09. Property location: 15200 Los Gatos
Boulevard. Property owner: John Aiassa/Westwood Company-
Hamlin, LLC Applicant: Hwai Chen & Kenneth Rodrigues/Kenneth
Rodrigues and Partners
Staff report made by Bud Lortz, Director of Community Development.
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Public Hearing #19 – Continued
Council Comments
Questioned if the lighting issues would be reviewed in more detail during
the Architecture and Site process.
Clarified that the light fixture design would eliminate light spilling into the
neighbors’ yards.
Clarification on the amount of seating stated in staff report.
Questioned the location of the trash receptacles and if they would be
located near the neighbors’ fence lines.
Inquired about traffic flow impacts at the Lark Avenue/Los Gatos
Boulevard intersection.
Questioned if there would be street access to Los Gatos Boulevard for
the proposed restaurant and retail stores.
Questioned if each retail unit would have pedestrian access from Los
Gatos Boulevard.
Questioned if the Conditional Use Permit for the retail stores would define
hours of operation.
Suggested that hours of operation should be the same as other
retail/restaurants on Los Gatos Boulevard.
Clarified that the Planning Commission approved 99 seats for a proposed
restaurant at that location.
Clarification that concerns raised by the Planning Commission would be
monitored by the Commission.
Questioned if there would be less parking if a turn-around zone was added
to the proposed project.
Questioned how applicant will mitigate noise issues raised by the resident.
Open Public Hearing
Mr. Rodrigues, Applicant/Architect
Commented that they have worked with staff, Plann ing Commission and
the neighborhood to develop the proposed design.
Commented that the Town’s height requirement is very specific and
requested 6” flexibility as they approach the construction stage.
Commented that the proposed design height is below what is required in
the current Boulevard guidelines.
Requested that Council allow applicant to move forward with the
Architecture and Site review process.
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Public Hearing #19 – Continued
Council Comments
Questioned the importance of the 6" height extension.
Questioned if lowering the height would make a difference to the visibility
of the hillsides.
Clarified the location of the building and the view line of the hillside .
Questioned the location and design of the trash receptacles.
Mr. Fisher
Commented that Los Gatos is special primarily due to its neighborhoods.
Expressed support for the proposed project.
Commented that Council should monitor hours of operation for service
deliveries and after hours clean-up.
Commented that he would like to see the construction end between 5:00
or 6:00 p.m.
Would like to be shielded from the lights and noise which would be
generated from a restaurant.
Mr. Bawden
Commented that he supports the project.
Commented that he is concerned about the type of restaurant with late
hours, music, noise, and after hours cleaning.
Suggested negotiating time limits for garbage pick-up, deliveries and
cleaning during the evening.
Mr. Davis
Questioned if Council Member Diane McNutt received a donation from
Ken Rodrigues/KRP Architects.
Questioned if a late hour restaurant would impact quality of life for the
neighborhood.
Ms. Quintana
Commented that the proposed Planned Development applicati on does not
fully address the type of restaurant, hours of operation and oth er issues
relating to land use.
Questioned whether or not the architectural drawings or the foot print are
part of the Planned Development.
Mr. Lortz
Commented that the development plans are conceptual in nature. The
final building footprint and building design will be determined during the
Architectural and Site approval process.
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Public Hearing Item #19 – Continued
Council Comments
Clarified that the design and location of the dumpster will remain at the
location stated on the proposed plans.
Ken Rodrigues, Applicant
Requested that Council approve the Planned Development so they could
move forward with the Architecture and Site application process.
Council Comments
Questioned applicant about the type of patrons the restaurant would
serve.
Inquired whether the hours of operation and construction are a part of the
Planned Development application or the Architecture and Site application.
Clarified whether staff could add the applicant’s request for 6" flexibility to
the Planned Development.
Mr. Rodrigues, Applicant
Clarified that the intended restaurant space is pedestrian-oriented and will
attract residents from the neighborhood as well as other areas.
Commented that the neighbors are proud of the design.
John Aiassa
Commented that the proposed building is pedestrian-oriented.
Mr Lortz
Clarified about the functional issues related to the entrances of the
proposed building.
Recommended that all windows facing Los Gatos Boulevard should be
functional display windows.
Recommended that all businesses with a tenant space fronting Los Gatos
Boulevard will have pedestrian doors with the exception of financial
institutions.
Proposed the following revisions to Condition #4: Should access to the
northerly driveway be terminated, the property owner shall immediately
implement the alternate master plan shown on sheet A-8 of the
development plans and reduce the number of restaurant seats as required
by code based on available parking.
Commented that the Town currently does not allow any new
entertainment, and that an entertainment ordinance will be considered by
Council in the future.
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Public Hearing Item #19 – Continued
Mr. Korb
Clarified that the hours of operation would be addressed during the
Architecture and Site application process.
Stated that hours of construction could only be changed by amending the
existing ordinance.
Closed Public Hearing
Council Discussion
Questioned if staff could modify the Planned Development to allow the 6"
height flexibility if required by construction.
MOTION: Motion by Vice Mayor Barbara Spector to uphold the
Planning Commission’s recommendation and approve the
Planned Development Application PD-06-05 Motion to
include:
The Architecture and Site Application process
expedited to the Planning Commission.
Amendments to the Planned Development to include:
All windows facing Los Gatos Boulevard shall be
functional display windows.
All businesses with a tenant space fronting Los
Gatos Boulevard shall have functional and
operational pedestrian doors with the exception of
financial institutions
In regards to Condition #4, the language is revised
to read: Should access to the northerly driveway
be terminated, the property owner shall
immediately implement the alternate master plan
shown on sheet A-8 of the development plans and
reduce the number of restaurant seats as required
by code based on available parking.
Up to 6" height may be added for technical design
reasons as may be determined during the
Architecture and Site process and recommended
by the Director of Community Development.
Seconded by Council Member Diane McNutt.
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Public Hearing Item #19 – Continued
Council Discussion
Commented on the guidelines of the Architecture and Site process and
stated that the items addressed under this process are much broader.
Commented that the Architecture and Site process will address problems
including lighting, dumpsters, and the property access.
Suggested that the Architecture and Site process be expedited.
Commented regarding the 360 degree visibility for the store fronts.
Commented that there was a clear expectation from the Planning
Commission that the Architecture and Site process go directly to the
Commission, and that the process of allowing applicants to go to the
Development Review Committee for Architecture and Site applications
when the Planned Development stage provides significant architectural
detail will continue.
Asked the maker of the motion if the plans submitted in the Council packet
could guide the Architecture and Site process.
VOTE: Motion passed unanimously.
MOTION: Motion by Vice Mayor Barbara Spector to make the
Negative Declaration (Attachment #4 of the staff report)
Seconded by Council Member Diane McNutt.
VOTE: Motion passed unanimously.
MOTION: Motion by Vice Mayor Barbara Spector to adopt the
Mitigation Monitoring Program (Attachment #2 in the staff
report)
Seconded by Council Member Diane McNutt.
VOTE: Motion passed unanimously.
MOTION: Motion by Vice Mayor Barbara Spector to make the
required findings (Attachment #1 of the staff report) and to
approve subject to the conditions included in the Planned
Development Ordinance (Attachment #3 of the staff report)
Seconded by Council Member Mike Wasserman.
VOTE: Motion passed unanimously.
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Public Hearing Item #19 – Continued
Mayor Joe Pirzynski directed Jackie Rose, Clerk Administrator, to read the title
of the ordinance.
MOTION: Motion by Council Member Steve Glickman to waive the
reading of the ordinance.
Seconded by Council Member Mike Wasserman.
VOTE: Motion passed unanimously.
MOTION: Motion by Council Member Mike Wasserman to introduce
the ordinance to effectuate Planned Development PD-06-05.
Seconded by Council Member Steve Glickman.
VOTE: Motion passed unanimously.
OTHER BUSINESS
20. Approve the work plan for parks, open space and trails inventory
Staff report made by Bud Lortz, Director of Community Development.
Council Comments
Questioned the cost and need to use a new consultant, and if the Town
could utilize the 2004 assessment report to save money.
Mr. Lortz
Clarified that the open space, trails, and private uses were not part of the
2004 assessment.
Council Comments
Inquired whether the assessment would include where the Town
stands with recreational needs in comparison to other communities.
Suggested shared use of the Teen Center and the high school swimming
pool.
Suggested gathering information so discussion could be held to
possibly operate the Teen Center as a Town service.
Suggested that the assessment include facilities with indoor and outdoor
recreational uses and what public and private facilities have to offer.
Expressed concerns about the cost for the inventory.
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Other Business Item #20 – Continued
Council Comments - Continued
Commented that as a community our intent should be to provide more
recreational facilities.
Discussed current resources available to the Town as it relates to playing
fields.
Mr. Lortz
Clarified that the work plan will provide an inventory of private and public
recreation facilities, parks, open space and trails.
Suggested obtaining background information from other cities related to
recreational uses, and that information would be available for review upon
request.
Council Comments
Questioned including facilities that charge a fee for usage.
Commented on the uniqueness of Los Gatos and that the survey should
not include other communities.
Commented that other cities provide recreation services.
Stated that the Town has a partnership with the Recreation Department
and the Teen Center.
Requested that the inventory include available recreational use facilities
and fields in Town.
Open and Close Public Comment
Council Discussion
MOTION: Motion by Mayor Joe Pirzynski to approve the work plan
for parks, open space and trails inventory.
Seconded by Council Member Steve Glickman.
VOTE: Motion passed unanimously.
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PULLED CONSENT ITEM #17
Approve Council/Agency minutes of June 18, 2007
Mr. Davis
Commented that the June 18, 2007 minutes did not adequately reflect his
comments about a $20,000 donation from Sobrato Properties.
Requested that the Town impose a lower speed limit at Massol Avenue
and Highway 9.
Council Discussion
Suggested that it would be helpful if the minutes could better summarize
Council statements indicating the Council Member’s position on a
particular issue.
MOTION: Motion by Council Member Diane McNutt to approve
Council/Agency minutes of June 18, 2007 with the change
forwarded in the desk item.
Seconded by Vice Mayor Barbara Spector.
VOTE: Motion passed unanimously.
COUNCIL/TOWN MANAGER REPORTS
21. Council Matters
Mayor Joe Pirzynski
Announced that the Town Council in the Neighborhood Meeting will be
held at Shir Hadash on August 27, 2007.
Topics for discussion will include:
General Plan Update
Library Development Project
Los Gatos Prepared
Council Member Mike Wasserman
Clarified that the street sweeping services will no longer be scheduled for
Monte Sereno, and suggested that the resources be shifted to downtown
maintenance.
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22. Manager Matters
Orry Korb, Town Attorney
Spoke about the disclosure of the Closed Session related to the Vasona
property.
Commented that the Brown Act requires Council to disclose the names of
the negotiating party, but does not allow the negotiating party in closed
session. Therefore Mr. Kutras could not legally be present during the
closed session.
Stated that the Verizon building keys have been delivered to the Town and
the transaction is complete.
ADJOURNMENT
Attest:
Jackie D. Rose, Clerk Administrator