M12-15-081
MINUTES OF THE TOWN COUNCIL/PARKING
AUTHORITY/REDEVELOPMENT AGENCY
DECEMBER 15, 2008
The Town Council of the Town of Los Gatos conducted a Regular Meeting on
Monday, December 15, 2008 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 - LED BY LOS GATOS HIGH SCHOOL JAZZ
PURR
Alexis Richie, Haley Humphries, Kajsa Nelson, Sara Biron, Stewart
Robinson, Ian McAdams, Jan Van Bruggen, Parissa Koo, Jordan Littleford,
and Christabelle, Los Gatos High School Jazz Purr, led the Pledge of
Allegiance. The Audience was invited to participate.
CLOSED SESSION REPORT
PUBLIC EMPLOYEE PERFORMANCE EVALUATION
(Government Code Section 54957)
Title: Town Attorney
Mr. Korb, Town Attorney stated that direction was given and no action was
taken.
CONFERENCE WITH LABOR NEGOTIATOR
(Government Code section 54957.6)
Agency Negotiator: Rumi Portillo Unrepresented Employee: Town
Attorney
Mr. Korb, Town Attorney stated that direction was given and no action was
taken.
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TOWN COUNCIL
COUNCIL/TOWN MANAGER REPORTS
Council Matters
Council Member Joe Pirzynski
Presented Council with an update on the VTA Policy Advisory Committee
meeting which included a review of funding for the Highway 9 bicycle lane
project.
Manager Matters
Mr. Larson, Town Manager
Commented on VTA’s review of possible funding for the bicycle pedestrian
passages along Highway 9 and that the Town is continuing to advocate for
the Vasona light rail extension.
Commended Tim Boyer, Parks and Public Works Superintendent, Millie
Sperath, Parks and Public Works Administrative Assistant, Tara Lang,
Customer Service Representative, on their retirement and service to the
community, and Fletcher Parsons, Associate Engineer, on his service to
the community.
Commented about the train derailment at Winchester Boulevard and
commended Parks and Public Works and the Police Department for th eir
efforts and quick response.
Commented about the Main Street Bridge lights and thanked the
Community Foundation and P.G. & E. for their support.
Commented about Town Hall work furloughs during the holidays and the
hours that Town Hall services will be closed.
CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION)
1. Ratify payroll for November 2008.
2. Ratify accounts payable for November 2008.
3. Accept Treasurer’s Report for October 2008.
4. Adopt Council Committee Appointments effective January, 2009.
5. Accept donation from Yamagami’s Nursery for 100 "Silicon Valley
Diamond" Roses and approve the placement of a 4" x 7" plaque.
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Consent Items – Continued
6. Designation of Fiscal Year 2007/08 Budget Savings and Associated
Fiscal Year 2008/09 Budget Transfers.
a. Approve designation of Fiscal Year 2007/08 General Fund revenue
and expenditure budget savings in accordance with Council reserve
policies.
b. Authorize budgeted transfers in Fiscal Year 2008/09 from General
Fund Designated Reserves as provided for in the Town Fiscal 2008/09
Operating and Capital budget.
7. Adopt resolution updating the employer pickup pre-tax payroll
deduction plan for service credit purchases. RESOLUTION 2008-134
8. Massol Avenue Permanent Installation of Traffic Calming Devices.
Accept report on the permanent installation of traffic calming devices
for Massol Avenue Neighborhood.
9. PPW Job No. 08-14 - Town Plaza Fountain Filtration System 411-831-
4201. Adopt resolution approving plans and specifications for the
Town Plaza Fountain Filtration System Upgrade.
RESOLUTION 2008-135
10. PPW Job 06-03 - Federal Project STPL -5067(013) Street Resurfacing
of Hillside Streets [Surface Transportation Improvement Program
(STIP)] - College Avenue/Prospect Avenue/Kennedy Road Adopt
resolution authorizing the Town Manager to execute a Program
Supplement Agreement under the Master Agreement with the State of
California Department Transportation. RESOLUTION 2008-136
11. Street Repair & Resurfacing Project 411-811-9901 (Surface and Base
Repair, Manhole, and Valve Adjustment to Grade Project - PPW Job
No. 07-21 Adopt resolution accepting work of Joseph J. Albanese and
authorizing the Town Manager to execute Certificate of Acceptance
and Notice of Completion for recording by the Clerk Administrator.
RESOLUTION 2008-137
12. PPW Job No. 07-04 - Fiscal Year 2007-08 Annual Street Repair and
Resurfacing Project 411-811-9901 Adopt resolution accepting work of
G. Bortolotto & Company and authorizing the Town Manager to
execute Certificate of Acceptance and Notice of Completion for
recording by the Clerk Administrator. RESOLUTION 2008-138
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Consent Items – Continued
13. Tract No. 9428 - Terreno de Flores (14880 Los Gatos Blvd) Adopt
resolution accepting work of Cupertino Development Corporation,
and authorizing the Town Manager to execute a Certificate of
Acceptance and Notice of Completion for recording by the Town Clerk
Administrator. RESOLUTION 2008-139
REDEVELOPMENT AGENCY
14. Ratify accounts payable for November 2008.
TOWN COUNCIL/REDEVELOPMENT AGENCY
15. Approve Council/Agency minutes of:
a. December 1, 2008
b. December 8, 2008
16. Consider adopting resolution approving the 2007/08 Annual Report
for the Los Gatos Redevelopment Agency. RESOLUTION 2008-140
Mr. Davis pulled Consent Items #9.
Mayor Mike Wasserman stated that Consent Item #9 would be heard next on
the agenda.
MOTION: Motion by Vice Mayor Diane McNutt to approve Consent
Items #1-8 and #10-16.
Seconded by Council Member Barbara Spector.
VOTE: Motion passed unanimously.
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Consent Items - Continued
PULLED CONSENT ITEM #9
9. PPW Job No. 08-14 - Town Plaza Fountain Filtration System 411-831-4201
Adopt resolution approving plans and specifications for the Town Plaza
Fountain Filtration System Upgrade. RESOLUTION 2008-135
Mr. Davis
Commented that the ultra violet system proposed for the Town Plaza
Fountain does not eliminate cryptosporidium and that cryptosporidium
can only be eliminated with sand filters.
Suggested that the Town invest in sand filters and not ultra violet filtration.
Mr. Davis received his first warning for disrupting the meeting.
MOTION: Motion by Council Member Joe Pirzynski to approve
Consent Item #9.
Seconded by Council Member Steve Rice.
VOTE: Motion passed unanimously.
VERBAL COMMUNICATIONS
Mr. Davis
Commented against the parking issues along Blossom Hill Road at
Baggerly Field.
Commented that Monte Sereno is willing to put up $100,000 to help build
a parking lot along Blossom Hill Road at Baggerly Field.
Commented about Council Member Steve Rice’s literature relating to
economic vitality and keeping a balanced budget.
Mr. Dallas
Commented on the subject of keeping Los Gatos beautiful.
Requested that the Town Council help to rid the community of unwanted
newspapers and asked to uphold the Town Code section 18.10.010.
Requested that the community visit www.keeplosgatosbeautiful.org.
Mr. Larson, Town Manager
Presented awards to Mayor Mike Wasserman and Council Member
Barbara Spector for their Holiday Parade entries on behalf of the Los
Gatos-Saratoga Recreation Department and the Los Gatos Lions.
Closed Verbal Communications
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OTHER BUSINESS
TOWN COUNCIL
17. 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 and 10/20/08) ORDINANCE 2171
Staff report made by Bud Lortz, Director of Community Development.
Council Comments
Questioned if modifications to the Below Market Program (BMP) would
require a Public Hearing.
Questioned if approval of the proposed ordinance would allow for
modifications to the Below Market Program which was adopted by the
Town.
Mr. Lortz
Clarified that the zoning ordinance would not be effectuated unless the
amendments occur to the Below Market Program adopted by the Town.
Mr. Korb
Clarified that the proposed ordinance does not change the requirements
for the Below Market regulations.
Commented that both the Below Market Guidelines and ordinance have
the same introductory language that requires that the Below Market Units
must be provided at the time of the subdivision application or at the time of
the sale of property.
Commented that if Council were to approve the language of the proposed
ordinance then the developer would be obligated at the time of conversion
to allow the "special circumstances seniors" to hold over as tenants in the
market rate units and not the below market units as our Below Market
Ordinance states.
Mr. Larson
Clarified the process alternatives for the special circumstance seniors.
Clarified the process alternatives for amendments to the Below Market
Program (BMP) Guidelines.
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Other Business Item #17 – Continued
Public Comments
Mr. Raymond
Questioned if the assistance program would be available to all residents.
Questioned if the Town would consider other parking solutions than towing
if the vehicle is parked in one location for more than 72 hours.
Questioned if all apartments would be renovated or just the vacant units.
Questioned the buy-in program offered by the management.
Council Comments
Questioned if Mr. Raymond has posed his questions to Town staff and
the applicant.
Ms. De Mos
Stated that she would rather remain at the Bay Tree Apartments as a
renter.
Commented against the treatment by Lyon Management and the prior
construction inconveniences.
Suggested to appoint a liaison to help the senior tenants who remain at
Bay Tree Apartments.
Questioned if all tenants are covered by the assistance program.
Mr. Bohm
Commented that the Below Market Program Guidelines should be in place
and followed by Lyon Development.
Suggested that compensation be available to all tenants.
Suggested to place the item on hold to setup relocation guidelines.
Mr. Mendez
Commented about the parking issues and that the proposed project relies
on too much tandem parking, marginal driveways and diagonal parking
spaces.
Suggested that there should be more landscaping between the proposed
parking spaces.
Mr. Kaschub
Commented against the design of the project.
Commented that they received little information from the Town.
Commented that he still does not know the number of units propo sed for
the conversion project.
Commented against the term "practical affectability" and feels that the
BMP units should be supplied by the developer.
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Other Business Item #17 – Continued
Mr. Houde
Commented against the condo conversion project.
Would like to see a "best practice" policy for future condo conversions in
Town and the surrounding communities.
Commented that parking is still a problem for the proposed project.
Mr. Cole
Commented about the history of the property.
Commented about the opportunity to live in Los Gatos as a first-time home
buyer if the proposed project was approved.
Commented that the proposed project addresses parking issues and
increases parking spaces at the location.
Council Comments
Questioned if the current tenants have been informed about the relocation
assistance program.
Questioned if the special circumstance senior program is agreeable to
Mr. Cole.
Questioned if the Special Circumstance Seniors would be required to
relocate.
Questioned if all tenants have parking spaces at this time.
Questioned if the applicant understands the risk to modify the BMP
Guidelines.
Questioned the enforceability of CC&R’s relating to parking issues at the
location.
Questioned if Lyon Management has provisions for the tenants who would
be directly impacted during the renovation process.
Questioned the resident relocation package for seniors with special needs.
Questioned the applicant’s response to violations of CC&R’s relating to
parking.
Questioned if relocation assistance would be offered to everyone and if
renters would be able to purchase their unit.
Questioned if all units would be renovated.
Questioned when the residence relocation assistance program would
begin.
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Other Business Item #17 – Continued
Mr. Cole - Continued
Clarified that Lyon Management has had a resident meeting and gave out
packages and contact information.
Commented that they are agreeable to the special circumstance senior
program.
Commented that he would like to persue the BMP Guidelines as soon as
possible.
Clarified that the special circumstance seniors would not be required to
relocate.
Commented that he is not aware of any tenant that does not have a
parking space.
Commented that they are willing to take the risk to modify the BMP
Guidelines.
Commented that he does not have any problem with enforcing CC & R’s
and that it has worked at their other locations.
Commented for the record that Lyon Management would relocate a tenant
during the renovations, if the renovation directly affects them.
Commented that they have a relocation coordinator to assist seniors with
special needs.
Commented that they would work with the Town’s enforcement and work
with the homeowners to avoid long term parking on Massol Avenue .
Commented that all of the long term tenants would be able to keep and
purchase their units or be eligible for the relocation assistance program.
Commented that rents would be subject to rent control and the five
seniors’ rent would be limited to the CPI increases.
Clarified that the relocation assistance program would start when the
notices are given.
Mr. Korb
Clarified that the Town would not be enforcing the CC & R’s relating to
parking at the location and that enforcement would be the responsibility of
the management company or homeowners association.
Ms. Kaschub
Commented that there continues to be parking issues on Massol Avenue.
Questioned why the Town would not take responsibility to ensure that the
tenants of the condo conversion park on their property.
Commented on the residential parking program for the Almond Grove.
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Other Business Item # 17 – Continued
Mr. Larson, Town Manager
Clarified that there is no action tonight regarding changes to the Almond
Grove parking program.
Commented that the parking assistance plan will address parking
for tenants at the location.
Mr. Forbes
Commented on current parking issues at the location.
Commented that the Town should create a model ordinance for condo
conversions.
Mr. Carter
Commented on supporting the condo conversion project.
Commented that parking will be better than it currently is at the location.
Commented about the lack of condo housing in Town.
Mr. Davis
Commented against the public hearing process for this item.
Commented that he has spent 40 years in the condo conversion field and
feels that the business failed because of deferred maintenance problems.
Closed Public Comments
Mr. Larson, Town Manager
Clarified that the Public Hearing for 347 Massol Avenue was closed at a
prior Town Council meeting.
Council Discussion
Questioned the Town’s process for parking enforcement along Massol
Avenue.
Questioned the ADA parking allowances for the proposed project.
Questioned parking restrictions in the Parking Management Plan and the
CC&R process.
Mr. Lortz
Commented that ADA does not require parking allowances in condo
conversions.
Clarified that the Town could allow for parking requirements through the
CC&R process.
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Other Business Item #17 – Continued
Mr. Korb
Stated that the Town would require an agreement with the management
company that would enforce the residence assistance program and all of
the covenant components.
Council Discussion
Questioned how the process alternatives would be presented to Council
and what would be the timeframe for the presentation.
Requested clarification under Attachment#21 regarding the process to
amend the Below Market Program Guidelines.
Questioned if the current ordinance would need to be amended and be
brought back to Council for approval in January, 2009.
Questioned the process to add the CC&R’s to the proposed ordinance.
Questioned if wording could be added to the motion to reflect that the
CC&R’s shall include language clearly stating that the owners of two
bedroom units are permitted a maximum of two vehicles and one units are
permitted to a maximum of one vehicle and the deed restriction shall be
required for all units.
Mr. Lortz
Clarified that the Council would receive the information as an informational
item or as Other Business on a future agenda.
Mr. Korb
Clarified that the language that he has previously proposed would
authorize the Town Manager to approve the agreement and that the final
language would return to Council.
Clarified that the language in 8a and 8b would be part of the approvals
that the Director of Community Development would be requiring.
Clarified that changing the wording in the ordinance would require a new
Public Hearing.
Clarified that general wording to give direction to staff to ensure issues be
addressed would allow Council to approve the ordinance.
Suggested that Council may give direction to staff to bring back plans and
approve ordinance wording as it currently stands.
Requested clarification on approving the proposed ordinance without
amendments.
Mr. Larson
Clarified that the process to add parking restrictions to the ordinance is
located in part 8a and 8b in the proposed ordinance.
Commented that Council may provide additional direction to staff about
what they would like to see in the CC&R and the deed restriction.
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Other Business Item #17 – Continued
MOTION: Motion by Council Member Joe Pirzynski to adopt
a 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) and to direct staff to:
Include option #2 of Attachment 21 to approve
the relocation assistance program.
Add the Title 24 relating to the double paned
window requirement.
Require a deed restriction with the CC&R’s
regarding the number of vehicles as indicated
on Attachment 21.
Bring forward the prepared amendments to the
Below Market Program Guidelines as
references under the Below Market Program
bullets in Attachment 21 which include:
o Allow the 5 units who are "special
circumstance seniors" to live at Bay
Tree as owners or tenants.
o Grant the "special circumstance seniors"
who reside within the project extra
ranking points to help them qualify to
purchase Bay Tree Below Market
Program units.
o Direct staff to prepare amendments to
the Below Market Program Guidelines
and or ordinance that will allow the 5
units who are "special circumstance
seniors" to live at Bay Tree as tenants
and require the applicant to delay the
sale of any of the 5 units occupied by
these tenants until they voluntarily
vacate their units. The rent will be fixed
at the rate the tenant is currently paying
with an annual increase consistent with
the cost of living. When the units are
voluntarily vacated they will become part
of the Below Market Program.
Seconded by Vice Mayor Diane McNutt.
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Other Business Item #17 – Continued
Council Discussion
Requested clarification on the items that would be brought back to Council
or through the public process.
Questioned when the Santa Clara Housing Authority would monitor the
relocation process.
Encouraged the applicant to put together a clear and comprehensive
document that would explain the process and when the tenants could
expect any changes.
Requested clarification on the motion relating to the Below Market
Program amendments.
Mr. Lortz
Clarified that the Architecture and Site would be considered by the
Planning Commission.
Commented that the tentative map could be determined by the
Development Review Committee in a noticed Public Hearing.
Clarified that the ordinance amendments to the Below Market
Program and the Below Market Program Guidelines would be reviewed by
the Community Services Commission, the Planning Commission, and the
Town Council.
Clarified that the applicant would first notify the tenants and upon adoption
of the Compliance Memorandum, the Santa Clara Housing Authority
would begin monitoring the relocation process.
Clarified that the Below Market Program amendments which were
included as part of the Desk Item (Attachment 21) and the direction given
by Council will be reviewed by staff then brought back to Council for
approval.
Council Discussion
Commented that the amendments seem to be inconsistent with the
language under Condition 3 in the current ordinance.
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Other Business Item #17 – Continued
Mr. Korb
Clarified that the language as proposed in the current Condition 3
anticipates what happens when the Below Market Program units become
available.
Commented that the issue is that the applicant would like to defer the sale
of the Below Market Program units to allow the tenants to remain in the
units. By directing staff to bring forward amendments to the Town's Below
Market program regulations, Council would have to ultimate opportunity to
change the regulations to allow the requirement to be deferred. When the
units become available the current requirements would take effect.
Clarified that the following items would need to occur as part of the
motion:
o Staff would bring forward the proposed amendments to the
Below Market Program Guidelines.
o Commented that the amendments would not be specific to this
project, but specific to condo conversions.
o Commented that these amendments could be brought forward
after review by the Community Services Commission and the
Planning Commission.
o Commented that the balance of the requirements could be
defined under an agreement between the applicant and the
Town.
Council Discussion
Clarified that the amendments to the BMP requirements are in the current
motion.
Commented that the focus of the ordinance is to protect the seniors
involved in the process.
Clarified that the amendment to the BMP guidelines is a parallel process.
VOTE: Motion passed unanimously.
Mayor Mike Wasserman called for a 5 minute recess at 8:30 p.m. Meeting
resumed at 8:35 p.m.
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TOWN COUNCIL/REDEVELOPMENT AGENCY
18. PPW Job No. 07-22 - Los Gatos/Monte Sereno Police Department
Building Facility Project 821-2401.
a. Adopt resolution declaring Santa Clara Valley Corporation DBA
Swenson Development and Construction Inc. to be the lowest
responsible bidder on the project and award a construction contract
in the amount of $3,061,000. RESOLUTION 2008-141
b. Authorize staff to execute future change orders to the construction
contract as necessary up to an amount of $306,000
c. Authorize budget adjustment in the amount of $375,000 from the
General Fund designated reserve for police operations building.
Staff report made by Todd Capurso, Director of Parks and Public Works.
Council Comments
Questioned how the designated EOC space could double as a community
space.
Chief Scott Seaman
Clarified that the EOC space will be used as a place for staff to meet with
the community and not as a space available for community use in general.
Open/Close Public Comment
MOTION: Motion by Council Member Joe Pirzynski to adopt PPW
Job No. 07-22 - Los Gatos/Monte Sereno Police Department
Building Facility Project 821-2401.
a. Adopt resolution declaring Santa Clara Valley
Corporation DBA Swenson Development and Construction
Inc. to be the lowest responsible bidder on the project and
award a construction contract in the amount of $3,061,000.
b. Authorize staff to execute future change orders to the
construction contract as necessary up to an amount of
$306,000.
c. Authorize budget adjustment in the amount of $375,000
from the General Fund designated reserve for police
operations building.
Seconded by Council Member Steve Rice.
VOTE: Motion passed unanimously.
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PUBLIC HEARINGS - TOWN COUNCIL
19. Consider a request to modify a Conditional Use Permit to allow beer
and wine service and outdoor seating on property zoned C-1. APN
529-07-094. File #U-08-015 Property Location: 440 N. Santa Cruz
Avenue (Aldo’s Deli) Property Owner: Los Gatos Shopping Center
LLC; Applicant: Barbara Lonsbury. RESOLUTION 2008-142
Staff report made by Bud Lortz, Director of Community Development.
Council Comments
Questioned the maximum number of seating for the establishment and
suggested wording to read a maximum of 2 of the 22 seats be placed
outdoors.
Open/Close Public Hearing
MOTION: Motion by Council Member Barbara Spector to make the
required findings (Attachment 1) and to approve the
modification of a Conditional Use Permit to allow beer and
wine service and outdoor seating on property zoned C-1.
APN 529-07-094. File #U-08-015 Property Location: 440 N.
Santa Cruz Avenue (Aldo’s Deli) Property Owner: Los Gatos
Shopping Center LLC; Applicant: Barbara Lonsbury.
Motion to include modification to Condition #2 as Follows:
A maximum of 2 of the 22 seats be placed outdoors.
Seconded by Vice Mayor Diane McNutt.
VOTE: Motion passed unanimously.
ADJOURNMENT
Attest:
/s/Jackie D. Rose, Clerk Administrator