M04-20-091
MINUTES OF THE TOWN COUNCIL/PARKING
AUTHORITY/REDEVELOPMENT AGENCY
APRIL 20, 2009
The Town Council of the Town of Los Gatos conducted a Regular Meeting on
Monday, April 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/COMMENDATION
Los Gatos Students to Students Team Leaders
Mayor Mike Wasserman said a few words in honor of Dennis McMillan,
an active Students to Students member, who passed away last month.
Mayor Mike Wasserman presented the Students to Students members
with a commendation for their contributions to the youth in the Town and
Los Gatos High School.
The Los Gatos High School Students to Students Team led the Pledge
of Allegiance. The Audience was invited to participate.
Nancy Offer, Los Gatos High teacher and adult team member thanked the
Council and the Town of Los Gatos for all their support and presented the
Council with wristbands and lanyards on behalf of the Students to Students
Program.
2
PRESENTATION
Proclamations
Paint Our Town Purple/Los Gatos Relay for Life Day
Mayor Mike Wasserman
Commented that Relay for Life is celebrating 25 years and proclaimed May
3, 2009 as Relay for Life/Paint our Town Purple Day and July 18, 2009 as
Los Gatos Relay for Life Day.
Melissa Ta, Barbara Waittly, Lynda Sutton, and Dawn Niederman,
volunteers from Relay for Life/Paint the Town Purple were present to accept
the proclamation.
Ms. Ta thanked the Council and the community for all their support.
National Volunteer Month
Mayor Mike Wasserman proclaimed the week of April 19, 2009 as National
Volunteer week.
Regina Falkner, Director of Community Services accepted the
proclamation on behalf of the Town.
COUNCIL/TOWN MANAGER REPORTS
Council Matters
There were no Council Matters this evening.
Manager Matters
Greg Larson, Town Manager
Commented that the Town will be celebrating their 29th year as Tree City
USA by holding a tree planting ceremony at La Rinconada Park on Friday,
April 24, 2009 at 10:00 a.m.
Commented that as part of Keep Los Gatos Beautiful month the Town will
be sponsoring an Eco Friendly Festival on the front lawn of the Civic Center
on Thursday, April 30, 2009 at 6:00 p.m.
Commented that the Town will be hosting a comprehensive all day long,
General Plan Update Forum at the Neighborhood Center on Saturday, May
2, 2009.
Commented that the Town's nominee for Good Samaritan of the Year has
been accepted. Jim Baily who saved the life of Erica Rix has been chosen
as the Good Samaritan of the Year as part of the Red Cross Heroes Award
and that the award will be presented in May, 2009.
3
TOWN COUNCIL
CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION)
1. Ratify payroll for the month of March 2009.
2. Ratify accounts payable for the month of March 2009.
3. Adopt resolution approving the revised Town of Los Gatos Emergency
Operations Plan. RESOLUTION 2009-035
4. Adopt a resolution authorizing the Town Manager to execute the
agency agreement for Countywide AB939 implementation fee and the
agency agreement for Countywide Household Hazardous Waste
Collection Program. RESOLUTION 2009-036
REDEVELOPMENT AGENCY
5. Ratify accounts payable for the month of March 2009.
TOWN COUNCIL/REDEVELOPMENT AGENCY
6. Approve Council/Agency minutes of April 6, 2009.
Mr. Davis pulled Consent Item #6.
Vice Mayor Diane McNutt pulled Consent Item #3
Mayor Mike Wasserman stated that the pulled Consent Items would be heard
prior to Verbal Communications.
MOTION: Motion by Council Member Steve Rice to approve Consent
Items #1, #2, #4, and #5.
Seconded by Council Member Joe Pirzynski.
VOTE: Motion passed unanimously.
4
PULLED CONSENT ITEMS
3. Adopt resolution approving the revised Town of Los Gatos Emergency
Operations Plan. RESOLUTION 2009-035
Vice Mayor Diane McNutt
Questioned if there is a map that shows the impact areas if Lexington Dam
were to fail.
Questioned if the Town has a detailed evacuation plan for the hillsides
which would include escape routes for roads that may have one way in and
out.
Questioned how the CERT volunteers are activated in an emergency.
Captain Alana Forrest
Clarified that there is a "call out" procedure for the CERT members.
Commented that CERT members are self-regulated and that part of their
training includes calling themselves to respond when there is any natural
disaster.
Commented about the "rapid notify" system that is organized through the
police department.
Clarified that the Town has been given two dam inundation maps, one from
ABAG and one from San Jose Water District.
Commented that the police department is in the process of evaluating these
two maps and requesting an updated report for more current information.
Commented that the updated information will be included in the EOC Plan
as an appendix.
Clarified that the police department is working on a more defined evacuation
plan for the Town and surrounding hillsides which would be included as an
appendix.
Vice Mayor Diane McNutt
Suggested that when the flood map becomes available that it be posted on
the Town’s website.
Suggested that the completed evacuation plan for the Town and
surrounding hillsides be presented at various community outreach meetings.
Mr. Larson
Clarified that the referral from Council Member Pirzynski regarding the
CERT program updates will be brought forward in August, 2009.
5
Pulled Consent Item #3 - Continued
Council Comments
Commented that the General Plan Advisory Committee was presented with
background information that included a flood map.
Suggested an on-going orientation for Council of what would happen in a
real emergency given the fact that the assignments of the EOC are very
specific and depend upon where the individuals are at the time of an
emergency.
Questioned what would happen if designated staff were unavailable, given
the fact that a majority of the individuals reside over Highway 17 or outside
the Town.
MOTION: Motion by Council Member Joe Pirzynski to approve
Consent Item #3.
Seconded by Council Member Barbara Spector.
VOTE: Motion passed unanimously.
6. Approve Council/Agency minutes of April 6, 2009
Mr. Davis
Commented that his statement under Verbal Communications at the April 6,
2009 Town Council meeting about land use fees and homeowner
associations was incorrect.
Stated that there are no homeowners associations in Los Gatos and that
Saratoga has thirteen.
MOTION: Motion by Council Member Barbara Spector to approve
Consent Item #6.
Seconded by Council Member Steve Rice.
VOTE: Motion passed unanimously.
6
VERBAL COMMUNICATIONS
Mr. Lucas, Board of Director West Valley/ Mission College
Introduced two new trustees and the new Chancellor to the West
Valley/Mission College Board of Trustees.
John Hendrickson, Chancellor, Adrienne Grey, Trustee, and Chad
Walsh, Trustee thanked the Council and the Town for their support.
Ms. Musallam, Silicon Valley Independent Living Center
Commented about the services provided by the Silicon Valley Independent
Living Center.
Invited the community to visit the center to find out more about their
programs.
Mr. Thompson
Commented about the Chinese Classical Theatre and invited Council and
the community to the events which will be held on May 15, 16, and 17,
2009.
Mr. Dubois
Commended Council and staff for their efforts to help resolve the issues
with the abandon construction project at 300 Calle Marguerita and the
placement of a crosswalk at Pollard Road by Jack Fisher Park.
Mr. Davis
Commended Steve Regan, Parks and Public Works Maintenance
Superintendent, for replacing lights that were out at the Shannon Road
intersection.
Commented that the Redevelopment Agency plan precludes the Town from
using Redevelopment Agency Funds to build a new Library.
Closed Verbal Communications
Mr. Davis received his first warning for disrupting the meeting.
Mr. Korb
Clarified that the Redevelopment Agency Project Area Plan does provide for
the construction of public facilities including facilities in the Redevelopment
Agency area and does provide for Library uses as well.
7
TOWN COUNCIL
Mayor Mike Wasserman stated that Other Business would be heard prior to the
Public Hearing.
OTHER BUSINESS
8. Adopt resolution of the Town Council of the Town of Los Gatos
adopting a records retention schedule, and rescinding resolutions
1984-196, 1985-169, 1988-159, 1994-65, 1990-22 and 2007-075.
RESOLUTION 2009-037
Staff report made by Alana Forr est, Captain Los Gatos-Monte Sereno Police
Department.
Council Comments
Questioned when the public would lose the ability to get a full transcript of a
meeting.
Would like to retain the video or audio of meetings as a permanent record.
Commented that there is a benefit of being able to go back to a video of a
meeting to get the full tone of the meeting verses reading the verbatim
minutes.
Suggested that digital video recordings of the meetings are kept permanent.
Suggested an external hard drive or outside back up of the digital
recordings.
Commented that there are occasions where projects go on for more than
four years and digital recordings are an easy way to obtain the information.
Captain Forrest
Clarified that the audio and video would be retained for four years and that
the written minutes are the permanent records.
Mr. Korb
Clarified the State’s requirements for audio and video destruction.
Clarified the two types of minutes that come out of Planning Commission
meetings.
Mr. Larson
Clarified that the Town does have an automatic back-up schedule for all
Town servers and data bases, and that staff will verify that it includes the
on-line digital recordings of the meetings.
Commented that there are concerns about staff work load impacts and
suggested that an option may be that the records are maintained in the
Clerk Department for 6 years on site as a managed resource, then sent to
the Library where they would be available to the public.
8
Other Business Item #8 - Continued
Open/Closed Public Comments
MOTION: Motion by Council Member Barbara Spector to adopt
resolution of the Town Council of the Town of Los Gatos
adopting a records retention schedule, and rescinding
resolutions 1984-196, 1985-169, 1988-159, 1994-65, 1990-22
and 2007-075 with the modifications to include the permanent
storage of video recordings of the Planning Commission and
Town Council meetings which the Clerk Department will retain
for 6 years and then they may be stored at the Town Library.
Seconded by Council Member Joe Pirzynski.
VOTE: Motion passed unanimously.
PUBLIC HEARINGS
7. Consider a request to demolish a convalescent facility and three pre -
1941 single family residences and approval of a Planned Development
to change the zone from R-1D:LHP to R-1D:LHP:PD & RM:5-12:PD to
construct 19 new residences and renovate the historic Thrash House
(total of 20 units). On property zoned R-1D:LHP. APN 529-22-044
Property location: 371 Los Gatos Boulevard. Property owner: Thrash
House Investors. Applicant: Santa Clara Development Company File
#PD-07-143 & ND-07-145.
Council Member Joe Pirzynski recused himself from Item #7 due to the location
of his residence.
Staff report made by Suzanne Davis, Associate Planner.
Council Comments
Questioned if the garages and studios were included in the FAR
calculations.
Questioned if there were suggestions or recommendations from the
Historical Preservation Committee meetings.
Ms. Davis
Commented that the cellars and garages were a separate FAR calculation.
9
Public Hearing Item #7 – Continued
Open Public Hearing
Marc Robson, Applicant
Commented on the size and condition of the structures that are to be
demolished.
Commented that the development will restore the original lot patterns from
the 1900’s.
Commented that the detached garages blend with the existing
neighborhood.
Commented on the restoration of the Thrash House.
Commented on the benefits of a new neighborhood to the surrounding
areas.
Council Comments
Questioned the applicant’s ideas for the on-street parking along Caldwell
Avenue.
Questioned if there were thoughts to make the proposed street parallel to
Filmer Avenue.
Questioned what units would have the additional studios added.
Questioned the amount of buildings verses the amount of land for the
proposed project.
Mr. Robson
Commented that the street would be widened on Caldwell Avenue along the
development.
Clarified that would be traffic issues with a public access onto Los Gatos
Boulevard.
Commented that they are on the low end of the density for the proposed
homes.
Commented that the first design for the project started with about 30 homes.
Commented that there is open space between each of the lots and along
the detached garages.
Commented that the designs are appropriate with the neighborhood.
Council Comments
Questioned if the alternative to remove one home from the proposed plan is
acceptable to the applicant.
Questioned the impervious and pervious surfaces at the location.
Mr. Robson
Clarified that there are more open spaces and the pervious and impervious
surfaces than the current structure.
10
Public Hearing Item # 7 – Continued
Mr. Korb
Questioned when the applicant could provide a new site plan which would
include one less home.
Mr. Boitano
Commented on supporting the proposed project.
Mr. Davis
Commented that the traffic along Los Gatos Boulevard is already congested
without adding traffic from the new development.
Commented about the dollar bill and that people only care about their
property values.
Mr. Caruso
Commented on supporting the proposed project.
Stated that the proposed project adds beauty and is compatible with the
surrounding neighborhood.
Commented about the green architecture and sustainable designs.
Mr. Noon
Commented on supporting the proposed project.
Mr. Zimmerman
Expressed concerns about traffic especially during school hours.
Commented that the neighbors would be exiting onto Caldwell Avenue and
suggested a right turn only onto Los Gatos Boulevard at t he location by the
Thrash House.
Commented that a second exit would be approp riate for emergencies.
Mr. Du Charme
Commented on supporting the proposed project.
Dr. Berkowitz
Expressed concerns about traffic and suggested a right turn onto Los Gatos
Boulevard from a second exit.
Commented on supporting the proposed project.
Mr. McMorrow
Commented on supporting the proposed project.
Ms. Heaton
Commented on supporting the proposed project.
11
Public Hearing Item #7 – Continued
Mr. Robson, Applicant
Commented on his involvement in Los Gatos and the history of acquiring
the Thrash House site.
Commented on the need to improve the existing location.
Commented on the community support for the proposed project.
Council Comments
Questioned the issue of adding a right turn lane onto Los Gatos Boulevard .
Questioned if a traffic solution could be studied for Los Gatos Boulevard.
Mr. Robson
Clarified that the traffic issues are associated with the high school in the
morning and during lunch time.
Mr. Agood, TJKM Traffic Engineers
Clarified that there would be more conflicting traffic if a right turn only lane
was added by the Thrash House onto Los Gatos Boulevard.
Commented that the current traffic count would be less with the
proposed development than the estimated traffic count when the
convalescent home was operating.
Recommended that there be no entrance from Los Gatos Boulevard as it
would cause more traffic impacts.
Mr. Larson
Clarified that the high school area along Los Gatos Boulevard down to Main
Street is broadly defined as an area that has many traffic impacts and is not
currently scheduled for a comprehensive traffic review in the current 5 year
Capital Improvement Project plan.
Commented that staff is dealing with streets immediately adjacent to the Los
Gatos High School and if any action is taken on those streets then there
would be that bump-out effect to the streets farther beyond and that may
lead to a comprehensive traffic study.
Closed Public Hearing
12
Public Hearing Item #7 – Continued
Council Discussion
Questioned if there could be restrictions so the "granny units" could not be
used as rental units.
Questioned how the restriction would be enforced.
Ms. Davis
Clarified that the studio units could be restricted through approval of the
Planned Development application by adding the restriction to the Conditions
of Approval.
Commented that it would be enforceable under Town Code.
Mr. Larson
Commented that the restriction would be an issue that staff will have to look
at since there are a number of options that the different jurisdictions have
used.
MOTION: Sense of the motion by Mayor Mike Wasserman Mayor
Mike Wasserman to request to demolish a convalescent
facility and three pre-1941 single family residences and
approval of a Planned Development to change the zone from
R-1D:LHP to R-1D:LHP:PD & RM:5-12:PD to construct 18
new residences and renovate the historic Thrash House (total
of 19 units). On property zoned R-1D:LHP. APN 529-22-044
Property location: 371 Los Gatos Boulevard. Property owner:
Thrash House Investors. Applicant: Santa Clara Planned
Development File #PD-07-143 & ND-07-145PD-07-145 and to
allow units 13 and 16 to have studio units with kitchens and
bathrooms and a change to the conditions of approval to
restrict the studios from becoming rental units.
Seconded by Vice Mayor Diane McNutt.
Mr. Korb
Clarified that if Council is inclined towards the motion with the option
currently presented which is different then the proposed Planned
Development ordinance, staff will have to come back with a revised
ordinance before it can be introduced.
Commented that a modification to the Conditions of Approval and a new site
plan would need to be submitted.
13
Public Hearing Item #7 – Continued
Council Discussion
Suggested allowing fully functional kitchens in the secondary units.
Commented supporting the motion as long as the studio units were not
considered at rental units.
Commented on supporting a wide variety of housing types in a
neighborhood.
Commented on concerns about the density and intensity of the project.
Commented that the open space is reduced with larger homes on the lots
and that they require deviations from the Town’s setback allowance.
Commented that none of the proposed homes meet the .4 FAR requirement
that the Town’s ordinance mandates except for the Thrash house.
Commented that the Planned Development application should be used for
projects that increase the open space.
Would like to see the project go back to staff to reconfigure a design so that
there are smaller homes on each lot or to have fewer lots which would
create open space.
Commented that there is an increase of about 40,000 square feet of open
space and pervious ground with 19 homes than what currently exists.
Clarified that the amount of property taxes that the Town receives from a
home is about 15%.
Commented that the development should comply with the spirit of the
Planned Development Guidelines.
Mr. Korb
Suggested calling for a vote on the sense of the motion, then a second
motion would need to be made to continue the introduction of the ordinance
for final decision to a date that would provide sufficient time for the applicant
to provide the site map necessary to complete the ordinance.
Council Discussion
Complemented the applicant for the design and keeping with the original
Sanborn tract.
Commended the Planning Commission for their efforts on the project.
Commented that a traffic study to be done to determine traffic issues along
Los Gatos Boulevard would be beneficial in the near future.
VOTE: Motion carried 4/1. Council Member Barbara Spector
voted no.
14
Public Hearing Item #7 - Continued
MOTION: Motion by Mayor Mike Wasserman to continue the item
for final decision on May 4, 2009.
Seconded by Vice Mayor Diane McNutt.
VOTE: Motion passed unanimously.
ADJOURNMENT
Attest:
/s/ Jackie D. Rose, Clerk Administrator