10 Staff Report - Parking Authority Redevelopment Agency MinutesDRAFT Council/Agency Meeting 8103109
Item # 10
MINUTES OF THE TOWN COUNCIL/PARKING
AUTHORITYIREDEVELOPMENT AGENCY
JUNE 15, 2009
The Town Council of the Town of Los Gatos conducted a Regular Meeting on
Monday, June 15, 2009 at 7:00 P.M.
Special Meeting - Closed Session began at 5:30 p.m.
TOWN COUNCIL/PARKING AUTHORITYIREDEVELOPM ENT AGENCY
MEETING CALLED TO ORDER - 7:00 p.m.
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
Pledge/Commendation - Los Gatos High School Swim Team
• Mayor Mike Wasserman presented a commendation to the Los Gatos
Relay Swim Team for their Central Coast Section (CCS) championship
and dedication to their sport.
• The Los Gatos Relay Swim Team led the Pledge of Allegiance. The
audience was invited to participate.
PRESENTATION
Commendation Los Gatos Rowing Club
• Mayor Mike Wasserman presented a commendation to the Los Gatos
Rowing Team and commented that the Los Gatos Rowing Team has
been an outstanding organization of the community both on and off the
water for 30 years.
• Commended the coaches for providing a safe environment to instruct
young athletes on sport and life lessons.
Mayor Mike Wasserman recognized the newly appointed student
commissioners.
Mayor Mike Wasserman
• Announced the passing of Officer Quarz, the Los Gatos-Monte Sereno
Police Dog and commented that Officer Quarz was a great asset to the
community.
CLOSED SESSION REPORT
CONFERENCE WITH LABOR NEGOTIATOR
(Government Code Section 54957.6)
Town Negotiators (Lead): Rumi Portillo, Human Resources Director
Greg Larson, Town Manager Employee
Organizations: American Federation of State, County and
Municipal Employees (AFSCME)
Police Officers' Association (POA)
Town Employees Association (TEA)
Confidential Employees
Management Employees
Mr. Korb stated that direction was given and no action was taken.
CONFERENCE WITH REAL PROPERTY NEGOTIATOR
Government Code Section 54956.8
Property: 930 University Avenue
(APN 424-31-064; Verizon Property)
Negotiating parties: Town of Los Gatos
(Negotiator: Bud Lortz, Deputy Town Manager) 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: Town Manager
Mr. Korb stated that direction was given and no action was taken.
2
COUNCIL/TOWN MANAGER REPORTS
Council Matters
Council Member Joe Pirzynski
• Commented on the condition of the sod at Town Plaza Park and
suggested that the Certificate of Acceptance and Notice of Completion be
held until the issue is resolved.
Mr. Larson
• Commented that the Town is retaining the 10% set aside for this project.
• Commented that the contractor is continuing to work on improvements to
recover the sod to the greatest extent possible.
• Commented that staff and the contractor agreed that the Town needs to
get through the busy summer season and look into a permanent solution
in the fall.
• Commented that the gypsum treatment has made a modest difference to
the sod at the park.
Manager Matters
Mr. Larson
• Commented that the Town has received a "Certificate of Appreciation"
from the Association of Bay Area Governments (ABAG) recognizing the
Town as the "Most Improved City" and that comes with a financial award
for the Town to be used for other risk management purposes.
• Commented on the Second Saturday event which the Town is
coordinating with the Chamber of Commerce to promote business in the
downtown.
• Commented that the San Jose Mercury News, in their June 28th edition,
has announced that the Town of Los Gatos has been voted as the "Best
Downtown of Silicon Valley" for the 6th year in a row.
• Commented that the Los Gatos Creek Trail has been voted as the "Best
Walking Trail," the "Best Mountain Biking Trail," the "Best Place for
Jogging," and the "Best Place to Walk your Dog."
CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION)
1. Ratify payroll for the month of May 2009
2. Ratify accounts payable for the month of May 2009
3. Accept Investment Report for April 2009
4. Adopt a resolution authorizing participation in the California
Employer's Retiree Benefit Trust (CERBT) through an agreement of
election and establishing authorized representatives of the Town to
CERBT to request employer disbursements from the other post
employment prefunding plan. RESOLUTION 2009-072
5. Adopt resolution approving an amendment to the Memorandum of
Understanding between the Town of Los Gatos and the Los Gatos
Police Officers' Association for the period July 1, 2009 through June
30, 2012 and authorizing the Town Manager to execute the
amendment. RESOLUTION 2009-069
6. Appoint members and alternates to the Los Gatos Youth Commission,
Community Services Commission, and Parks Commission.
7. Approve the 2009 CounciI/Commission Retreat Issue Matrix.
8. Adopt a resolution authorizing the Town Manager to amend an
agreement with Design, Community and Environment to include
revisions to the North 40 Specific Plan and provide for consistency
with the General Plan. RESOLUTION 2009-070
9. Adopt resolution approving the reorganization of territory designated
as Blossom Hill Road No. 23, approximately .31 acres located at 15700
Blossom Hill Road (APN: 527-08-019); File # AN09-02.
RESOLUTION 2009-071
10. Adopt ordinance approving a zone change from CH to CH:PD for a
two story commercial building with underground parking. Planned
Development Application PD-07-146. Negative Declaration ND-08-06.
Property Location: 15400 Los Gatos Boulevard (APN 424-15-045).
Property Owner: SHP Newark LLC. Applicant: Kenneth Rodrigues &
Partners. ORDINANCE 2175
4
Consent Items - Continued
11. PPW Job No. 09-03 -Pollard Road Lighted Crosswalk Project 411-812-
0104
a. Adopt resolution accepting the work of Republic Intelligent
Transportation Services, Inc., and authorizing the Town Manager to
execute a certificate of Acceptance and Notice of Completion for
recording by the Clerk Administrator. RESOLUTION 2009-068
b. Authorize transfer of $670 from Curb, Gutter and Sidewalk
Replacement Program to this project.
12. PPW Job No. 09-05 - FY 2008109 CDBG Funded ADA Improvements
Adopt a resolution accepting the work of CB Construction Company
and authorizing the Town Manager to execute a Certificate of
acceptance and Notice of Completion for recording by the Clerk
Administrator. RESOLUTION 2009-073
13. Landscape Maintenance Services for Landscape and Lighting
Districts Adopt resolution authorizing the Town Manager to execute
an amendment to the contract agreement with Landscape
Management Services to extend the contract for one more year to
perform landscape maintenance services for two Landscape and
Lighting Districts in the Town of Los Gatos in an amount not to
exceed $24,234. RESOLUTION 2009-074
14. Project A09-16-FY 2008-09- Tree Pruning and Removal Project Adopt
resolution accepting the work of TruGreen Landcare and authorizing
the Town Manager to execute a Certificate of Acceptance and Notice
of Completion for recording by the Clerk Administrator.
RESOLUTION 2009-075
15. PPW Job No. 00-11 - Contractual Custodial Services Project Adopt
resolution approving plans and specifications for the Contractual
Custodial Services Project and authorize staff to advertise the project
for bid. RESOLUTION 2009-076
16. PPW Job No. A08-011 Signal and Street Light Maintenance Contract
Adopt a resolution authorizing the Town Manager to execute an
amendment to the contract agreement for a period of one year with
Republic Intelligent Transportation Services, Incorporated to provide
signal and street light maintenance services in the Town of Los
Gatos. RESOLUTION 2009-077
Consent Items - Continued
17. PPW Project No. 09-10B - Fiscal Year 2009-10 Street Repair and
Resurfacing Program 411-811-9901 Adopt a resolution approving
plans and specifications for the Fiscal Year 2009110 Street Repair and
Resurfacing Program base repair and dig out and authorize staff to
advertise the project for bid. RESOLUTION 2009-078
18. Equipment Retrofit and Installation Adopt resolution authorizing the
Town Manager to execute an agreement with Emissions Retrofit
Group for the purchase and installation of five diesel particulate filters
in an amount not to. exceed $82,325. RESOLUTION 2009-079
REDEVELOPMENT AGENCY
19. Ratify accounts payable for May 2009
TOWN COUNCILIREDEVELOPMENT AGENCY
20. Approve CouncillAgency minutes of June 1, 2009
20. a. Approve appointment of Council Member Diane McNutt to the
Board of Directors of the Housing Trust of Santa Clara County.
21. PPW Job No. 09-06 - Los Gatos Library Project 411.281-2501 Adopt a
resolution authorizing the Town Manager/Executive Director to
execute a professional services agreement with Swinerton
Management & Consulting, Incorporated to provide construction
management services in an amount not to exceed $347,598.
RESOLUTION 2009-080
Mr. Davis pulled Consent Item #3, #10, #20, and #21.
Mayor Mike Wasserman stated that the pulled Consent Items would be heard
after Other Business.
MOTION: Motion by Council Member Joe Pirzynski to approve
Consent Items #1, #2, #4-9, #11-19, and #22.
Seconded by Council Member Barbara Spector.
VOTE: Motion passed unanimously.
6
VERBAL COMMUNICATIONS
Mr. Davis
• Commented that the crosswalk on N. Santa Cruz Avenue in front of
Walgreen's is a safety hazard and he would like to have a "bulb out"
installed there.
• Stated that there should be a crosswalk on George Street since that street
is close to Fisher Middle School and used by many students.
• Commented about the corruption at the City of Monte Sereno.
Mr. Kaschub
Commented that Bay Tree Apartments is being painted and he is very
opposed to the color.
Suggested that Council or staff approach the developer to request that the
painting be put on hold until a discussion takes place.
Mr. Larson
• Commented that Town staff was aware of the neighbors concerns
regarding the color of the paint and that staff has reviewed the permit and
found that the color of the structure is not a regulated item.
• Commented that staff is willing to contact the developer to see if any
accommodations can be made given concerns raised by the
neighborhood.
Mr. Waters
Commented that the petition gathers are presenting misleading
information to the public relating to the Capital Expenditure Pubic
Oversight Act.
Presented a You-Tube video showing a petition gatherer presenting
misleading information.
Requested that the Town help to' resolve the matter.
Close Verbal Communications
7
TOWN COUNCIL
PUBLIC HEARINGS
22. Adopt resolution overruling objections and ordering hazardous
vegetation abatement (brush) RESOLUTION 2009-081
Staff report made by Todd Capurso, Director of Parks and Public Works.
Open/Close Public Hearing
MOTION: Motion by Council Member Joe Pirzynski to adopt
resolution overruling objections and ordering hazardous
vegetation abatement (brush)
Seconded by Council Member Barbara Spector.
VOTE: Motion passed unanimously.
Mayor Mike Wasserman requested a 2 minute recess. Meeting resumed at 7:40
p.m.
Mr. Larson
Commented that there have been many reports of misleading campaign
behavior and untruth in the solicitation of signatures.
Commented that campaign matters can be criminally investigated by the
District Attorney's Office and that any evidence of such activity should be
reported to the police department who coordinates the Town's efforts with
the District Attorney's Office.
23. Consider an appeal of a Planning Commission decision denying the
construction of a single family residence on vacant property zoned
HR-2%:PD. APN 537-33-003. Architecture and Site Application S-08-
087. Property Location: 20105 Foster Road. Property Owner: Michael
& Sharon Hsing. Applicant/Appellant: Bill Chiocchi.
RESOLUTION 2009-084
Staff report made by Suzanne Davis, Associate Planner
Public Hearing Item #23 - Continued
Open Public Hearing
Mr. Hsing, Applicant
• Commented that he believes that his proposed home would not be visible
from the hillside or neighboring properties.
Mr. Sakai, Architect
• Commented that the proposed home is less than 25% visible from all
platforms.
• Commented that the home has pitched roofs and is well designed.
• Commented that the suggestion from Cannon Design was added to the
plans.
• Commented that the home has many green features.
• Commented that the proposed plan fits the Architecture and Site
requirements.
Mr. Chiocchi
• Thanked Council and staff for their work on the proposed project.
• Presented a Power Point presentation on the visibility of the proposed
home from Town.
Mr. Cross
• Commented against the proposed project and that trees should not be
used as a screen.
• Expressed concerns regarding the height of the proposed home.
• Expressed concerns about privacy on the west side of his home.
Mr. Davis
• Commented against the proposed project.
• Commented on saving the mountain from monster homes.
• Commented that the architecture should blend with Mother Nature.
• Commented that the Planning Commission denied the project.
Mr. Brady
• Expressed concerns about the proposed project and commented that the
large windows that open to his home would intrude on their privacy.
• Would like to see the same standards that were applied to their project be
applied to Mr. Hsing's proposed project.
Council Comments
• Questioned if Mr. Brady would explain his thoughts relating to the visibility
of his home verses the proposed visibility of Mr. Hsing's home.
9
Public Hearing Item #23 - Continued
Mr. Brady
• Commented that he is concerned about looking at a structure that is 30
feet higher than his home.
Council Comments
• Questioned if Mr. Brady had planned for a larger home.
Mr. Brady
• Explained why his project evolved into the single story home.
Council Comments
• Clarified that there were different height requirements for Mr. Brady's
home due to visibility from the platforms around Town.
Mr. McCarty
• Clarified that the Planned Development was originally approved in 2001
before the Hillside Standards and Guidelines were adopted in 2004.
• Commented that when the Hillside Standards and Guidelines were
adopted it was determined that five of the six lots would be subject to the
guidelines.
• Requested that Council confirm the measures listed in the guidelines and
ensure that there is a method for determining whether a home is visible
and that the methods should be applicable to all property owners.
Mr. Chiocchi, Applicant
• Continued his Power Point presentation on the visibility of the proposed
project from the Town platforms.
• Requested that Council approve the proposed project.
Mr. Williams
• Commented that the process that was followed by the Planning
Commission was legally suspect and did not rise to the level of being a
legal proceeding.
• Commented that the findings that were made and the evidence supporting
the findings are lacking substance and subject to challenge under Civil
Code 1094.5.
• Commented that he feels that the appeal should be granted.
+ Commented that he has submitted a letter stating other reasons that the
appeal should be granted.
• Commented that there was no advanced notice given to the applicant that
there would be new view points that were going to be identified and that
the photos were not mentioned in the staff report and were presented for
the first time at the hearing.
10
Public Hearing Item #23 - Continued
Council Comments
• Questioned if the packet presented to Council from Mr. Williams is new
information.
Mr. Korb
• Clarified that the information was submitted for the first time and was not
submitted in advance.
• Recommended that the application be continued to review the information
presented, if Council's inclination would be to consider the information as
evidence.
Council Comments
Asked the applicant if the information which was provided to Council is a
restatement of information or if there is something new that Council would
need to consider.
Mr. Williams
Clarified that the information is a restatement of information that they have
already seen and that the content may be presented in a serial order.
Commented that the summary of the letter and packet is to be on the
record to state that their position that the Planning Commission failed to
comply with the law and that the reasons are set out in the letter.
Council Comments
• Questioned if the greenery submitted in the photos provided in the Power
Point presentation is located on another property.
• Commented that in the Hillside Standards and Guidelines there is one
standard that states that "landscape screening is not an alternative to
reducing building height or selecting a less visible site."
• Commented that vegetation as screening is not appropriate to determine if
a home should be one story or two story.
• Requested that the applicant address the issue of vegetation as
screening.
Mr. Williams
Clarified that the specific standard that is in question relates to
landscaping that the applicant would be adding to the parcel.
Clarified that the specific standard that he feels confused the Planning
Commission speaks of trees and whether trees or vegetation would be
removed by construction and feels that you could not rely on trees that are
going to be torn down during construction.
Commented that the applicant is allowed to rely on off-site trees and
vegetation to be part of a screen for the home.
11
Public Hearing Item #23 - continued
Council Comments
• Commented that the standard for using trees and vegetation as a screen
states that the trees must be located on the site.
• Questioned if Mr. Sakai could clarify the statement relating to mitigating to
the greatest extent possible.
• Questioned if the second story portion could be moved to reduce visibility
from Mr. Brady's property.
• Questioned if the applicant is willing to screen the west portion of the
proposed home.
Mr. Sakai
• Clarified the phase "greatest extent possible" and commented that the
applicant is willing to use landscape to screen the west side of the home.
• Commented that Mr. Hsing does not want to build a basement or single
story home.
• Commented that they did mitigate by pushing the home towards Foster
Road to the greatest extent possible.
• Clarified that they are willing to move the second story located on the west
portion of the proposed home.
Closed Public Hearing
Council Discussion
• Questioned if the trees and vegetation located on a neighboring site could
be considered as screening for the home.
Mr. Larson
Commented that the specific guidelines relating to screening, trees, and
vegetation do not specify on-site property verses off-site property.
Commented that staff's practice is to discount any screening when relating
to 25% visibility.
Mr. Korb
• Clarified that interpretations have been presented by both sides and that
Council is allowed to make a final decision on a appropriate interpretation.
12
Public Hearing Item #23 - Continued
Council Discussion
• Commented that the only concern from the Planning Commission motion
on April 22, 2009 was the visibility of the home.
• Commented that the first action would be to determine if the Planning
Commission was appropriate in their decision, in error or dealt with issues
beyond their scope.
• Commented that the issue before Council is policy and how Council may
interpret the policy.
• Commented that the view shed should include.the treescapes as a logical
interpretation.
• Expressed concerns about neighborhood compatibility.
• Suggested that the project be sent back to Planning Commission with
direction from Council.
• Commented that the Hillside Guidelines and Standards have some
definitions that need clarification.
• Expressed concerns about visibility and that the trees should be included
as part of the view shed.
• Requested clarification on viewing platforms.
• Questioned if the application is incomplete and if it should be continued or
remanded back to the Planning Commission.
• Suggested presenting a clear direction to the Planning Commission if the
application is remanded.
• Commented that the 18 foot height limit is may not be applicable, but
neighborhood compatibility would be.
• Commented that the trees are protected by Town ordinance.
• Commented that the home is within the required square footage of the
Hillside Standards and Guidelines.
• Commented that the proposed home has not been mitigated to the
greatest extent.
Mr. Korb
• Clarified that staff has pointed out that the application is incomplete and
was carried forward because of the dispute over the height issue.
• Commented that the Planning Commission made a decision based solely
on the height issue.
• Commented that if Council disagrees with the policy call made by the
Planning Commission regarding the height issue, then they could reverse
the decision based on the policy interpretation and remand the application
back to the Planning Commission.
• Commented that the record does not have any discussion regarding view
impacts, privacy impacts, or neighborhood impacts.
13
Public Hearing Item #23 - Continued
Council Discussion
Commented that one of the roles would be to clarify for the Planning
Commission, the parameters for this site such as screening, the 18 foot
height requirement, and if two story homes are allowed on the site.
Commented on the purpose of the view platforms and requested
suggestions on recommended viewing platforms other than the ones listed
in the document.
Mr. Korb
• Clarified that there are two options identified for reversing/remanding the
decision.
• The policy question regards visibility and whether the visibility
determination can or should not include the existing trees.
• The new information, since the Planning Commission's decision was
ultimately based on the view of the house from locations other than the
specifically identified viewing platforms.
• Commented that evidence was presented for the first time during this
meeting which involved refuting the visibility of the 25% or more of the
proposed structure from those other platforms.
• Clarified that new information under Council's rules require remanding the
application back to the Planning Commission.
Council Discussion
• Commented that the Hillside Guidelines and Standards very clearly state
the height requirements that are appropriate.
• Commented that the proposed project is not a ridgeline home and has a
flat pad which was created in relation to the demolition of the prior
structure.
• Commented that the applicant did not change the contour of the land
since it had been graded during the construction of the previous
Guadalupe College many years back.
• Commented that the trees whether they are on-site or off-site should be
considered as screening.
• Commented that the home is less than 6,400 square feet and is under the
25% visibility, but is still visible from Los Gatos Boulevard.
• Expressed concerns that the home has not been mitigated to the fullest
extent possible.
• Expressed concerns about the second story portion on the west end of the
proposed home and would like to see this portion mitigated to address the
privacy concerns and the visibility issues.
14
Public Hearing Item #23 Continued
MOTION: Motion by Vice Mayor Diane McNutt to grant an appeal of
a Planning Commission decision denying the construction of
a single family residence on vacant property zoned HR-
21/2:PD. APN 537-33-003. Architecture and Site Application
S-08-087. Property Location: 20105 Foster Road. Property
Owner: Michael & Sharon Hsing. Applicant/Appellant: Bill
Chiocchi on the basis of both a policy decision and that new
information has been presented, specifically the analysis of
the percentage of viewable space in the home, but because
the application is incomplete and the Council has concerns
about compatibility with the neighbors the application will be
remanded back to the Planning Commission for further
consideration and finalization.
Seconded by Council Member Steve Rice.
Mr. Larson
• Clarified that the motion is interpreted to indicate that the application will
not go back to the Planning Commission until it is complete with the
grading and drainage plan as well as the landscape design plan.
Council Discussion
The Maker of the Motion concurred that the clarification as stated by Mr.
Larson is correct and should be included as part of the motion.
AMENDED
MOTION: Motion by Vice Mayor Diane McNutt amended to add the
indication that the application will not go back to the Planning
Commission until it is complete with the grading and
drainage plan as well as the landscape design plan.
Seconded by Council Member Steve Rice.
Council Discussion
Suggested that the applicant work with staff to address neighborhood
compatibility issues.
Expressed concerns about the policy relating to the "Constraints, Analysis,
and Site" Section of the Hillside Standards and Guidelines and that the
interpretation of this section relates to trees that are located on one's own
property.
15
Public Hearing Item #23 - Continued
Council Discussion -Continued
Commented that a property owner has more control over pruning and tree
removal with trees that are located on their property.
Requested that the Maker of the Motion amend the motion to
accommodate the fact that the Council will get a chance to weigh in on the
interpretation relating to the issue of the use of tree screens that exist
currently on the site as so defined by the attorney to buffer the visibility of
the home whether a second story home is allowed on this property and
address the 18 foot limit as proposed.
The Maker of the Motion clarified that the motion contains the
.acknowledgement that this property does qualify for a home as currently
presented, as a home taller than 18 feet because it is not on a significant
ridgeline, it is not more than 25% visible.
The Maker of the Motion clarified that visibility as written in the Hillside
Standards and Guidelines does take into account vegetation and trees
that exist on both the subject property and the surrounding properties, but
does not include, as it states, vegetation or trees that would be harmed
or eliminated during construction.
The Maker of the Motion clarified that the viewing platforms that are
appropriate for analyzing visibility for this property are the four traditional
viewing platforms and that she would be open to considering Glenridge
Avenue as another viewing platform for this property.
The Seconder of the Motion agreed to the clarifications.
Mr. Korb
Clarified that the motion as originally stated included the Planning
Commission consider the impacts of the proposed structure regarding
neighborhood compatibility.
Question if the motion also included the issue of privacy raised by the
neighbors.
Council Discussion
The Maker of the Motion clarified that the original motion did include both
the neighborhood compatibility and privacy issues as raised by the
neighbors.
The Seconder of the motion agreed to the clarifications as stated above.
VOTE; Motion passed 419, Council Member Barbara Spector voted no.
16
OTHER BUSINESS
24. Review of and direction regarding the tree removal permit process
and adoption of a resolution approving the revised Master Tree List.
RESOLUTION 2009-082
Staff report made by Todd Capurso, Director of Parks and Public Works.
Council Comments
• Questioned what portions of Los Gatos are located within the Wildlife
Urban Interface Fire Area.
Mr. Capurso
• Commented that the hazardous vegetation zone areas in the Wildlife
Urban Interface Fire Area are typically hillside properties,
Council Comments
Commented on eucalyptus trees and how they provide shade and act as a
barrier to noise.
Questioned if there is a balance between removing a tree and the benefits
the tree provides.
Mr. Capurso
Commented that Santa Clara County Fire has specific guidelines that
recommend a clearance zone around all properties and makes the
determination of which types of trees must be removed in order to prevent
the trees from igniting.
Open Public Comments
Mr. Davis
• Commented that there is no emphasis on California native plants in the
Master Tree List.
• Supports the recommendation regarding eucalyptus and pines.
• Commented that California native plants are extremely drought resistant.
• Commented that there is a high fire danger with eucalyptus and pines
when located on side yards of homes.
Closed Public Comments
17
Other Business Item #24 - Continued
Council Discussion
• Expressed concerns that the Wildlife Urban Interface Fire Area covers a
large portion of Los Gatos.
• Commented that a major part of the Town's trees are pines and
eucalyptus.
• Questioned if there are recommended trees as part of the Master Tree
List.
• Commented that proper care for these types of trees can make them
somewhat fire safe.
• Commented on supporting the Master Tree List.
• Commented that Eucalyptus trees are a fire hazard and are not safe trees.
• Suggested adding a phrase that states that the Master Tree List does not
apply to private properties.
• Expressed concerns about the idea of making a Eucalyptus within 30 feet
of a home fire safe.
• Commented that Eucalyptus are a fire hazard and tend to burn hotter than
most trees.
• Commented that vegetation clearance and tree trimming around a home is
very important.
• Would like to see the Master Tree List applied elsewhere in Town.
Mr. Capurso
• Clarified that the option of having a recommended tree list has not been
approached at this time.
• Clarified that the intent for the Master Tree List was to provide clarification
that its use is for Town right-of-ways, parks and other public areas.
• Commented that there have been a variety of native species added back
onto the Master Tree List.
MOTION: Motion by Mayor Mike Wasserman to adopt a resolution
approving the revised Master Tree List.
Seconded by Council Member Barbara Spector.
VOTED: Motion passed unanimously.
is
Other Business Item #24 - Continued
Council Discussion
• Suggested that staff review the tree removal permit process with direction
from Council to include a study of the number of Pines and Eucalyptus
trees in Town.
MOTION: Motion by Council Member Steve Rice to direct staff to
review the tree removal permit process and to include a
study of the numbers of Pines and Eucalyptus in Town.
Seconded by Council Member Barbara Spector.
VOTE: Motion passed unanimously.
25. Proposed Ballot Measures Imposing Limits on Capital Expenditures
and Terms of Office.
a. Direct staff regarding preparation and distribution of informational
materials; and,
b. Adopt resolution opposing the proposed ballot measure(s)
Staff report made by Greg Larson, Town Manager.
Council Comments
• Questioned the format for the fact sheet.
• Questioned how it would differ from the facts listed on the Town website.
Open Public Comments
Mr. Davis
• Commented that people should have the chance to vote on any issue
brought forward as a measure.
• Commented that he supports a measure regarding term limits.
• Commented that money from the Redevelopment Agency should not be
used to build a Library.
• Commented that he feels that the Town is "robbing Peter to pay Paul."
Closed Public Comments
Mr. Davis received his first warning for disrupting the meeting.
19
Other Business Item #25 - Continued
Council Discussion
• Commented that an informed voter is important.
• Commented that the public has the right to hear all information about
measures.
• Expressed concerns about fact sheets relating to term limits for Council
Members.
• Commented that election cost facts are important information for the
public to receive.
• Commented that factual information about the proposed Capital
Expenditure Public Oversight Act measure would be a public benefit.
• Commented that fact sheets regarding term limits would be self serving
and should not be displayed on the Town's website.
• Commented that Council is not comfortable with the resolution as written.
• Supports direction to staff to acquire more information about the facts
relating to the proposed Capital Expenditure Public Oversight Act and
election costs.
MOTION: Motion by Mayor Mike Wasserman to approve:
a. Direct staff regarding preparation and distribution of
informational materials; and,
b. Adopt resolution opposing the proposed ballot
measure(s)
Motion did not receive a second.
Mr. Larson
• Clarified that the interpretation for staff would be to drop the language
regarding the term limits given consensus from Council and to review
the language to include the relevant information about the proposed
Capital Expenditure Public Oversight Act and election costs in the Library
FAQ.
• Clarified that more factual information would be added to the website and
fact sheet as it comes available.
Council Discussion
• Would like to see the current FAA's updated on the Library and on the
Town's websites.
• Requested clarification about providing information on the term limits
measure.
• Clarified that Council Consensus was that there would be no information
provided relating to term limits.
• Commented that staff currently provides information to the public and that
information may be found on the Town's website.
• Would like to see the FAQ sheet relating to information about the
proposed Capital Expenditure Public Oversight Act, be updated as new
information becomes available.
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Other Business Item #24 - Continued
Mr. Larson
• Clarified that best practices from other jurisdictions would be for Council to
direct staff to prepare information, once a ballot measure has been
submitted, and then that information would be provided back to Council.
• Commented on the variables relating to the submission of petitions that
may take place within the next few months.
• Commented that once petitions are submitted, staff would have more
information to provide to Council and to the public.
AMENDED
MOTION: Mayor Mike Wasserman revised the motion:
To direct staff to conduct the research necessary to provide
additional public information on the impact of the capital
finance measure should it appear on a future ballot before
the registered voters of Los Gatos.
Motion did not receive a second and was lost.
Mr. Korb
Stated that the information in the FAA's is public information and that
Council is not prohibited in sending out that information.
Council Discussion
• Requested feedback from staff regarding information that could be sent
out on the list serve.
• Commented that staff has and will continue to provide information as it
becomes evident.
• Questioned the purpose in moving to direct staff to provide information
that they are currently providing.
• Requested clarification about the proposed term limit measure and its
applicability to seated Council Members.
Mr. Korb
• Clarified that he has not been directed to do a complete analysis of the
proposed measures.
• Commented that the language of the term limits measure as currently
drafted, does not say anything specific regarding retroactivity.
• Commented that it is not clear in the language of that measure that it is
intended to apply to terms already served.
• Commented that it does contain a statement that is unclear and
prospective in effect, meaning that anybody who runs for a third term, after
the measure is adopted, is acting against the will of the people.
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Other Business Item #25 - Continued
Mr. Larson
• Clarified that if there is no action tonight, then staff will continue under the
existing direction of updating the FAQ periodically based on the discussion
and consensus and the questions that have been raised during Council
meetings.
• Commented that staff will provide facts to questions that have been in
dispute as part of that FAA's.
MOTION: Motion by Mayor Mike Wasserman to disseminate the
FAA's that are on the website relating to the proposed
measures on the Town's list serve with a simple message
and a link to the FAQ sheet.
Motion did not require second and was lost.
Council Discussion
• Questioned if it is common practice to send links to sections of the website
on What's New notifications.
Mr. Larson
Clarified that is not a common practice to provide the links to sections of
the website, but that staff would explore options for providing information
more directly through What's New.
Council Discussion
Commented that Council should avoid advocating for or against
something that may or may not be on the ballot.
Suggested waiting to see if any of the proposed measures end up on the
ballot before advocating for or against them.
PULLED CONSENT ITEMS
10. Adopt ordinance approving a zone change from CH to CH: PD for a two
story commercial building with underground parking. Planned
Development Application PD-07-146. Negative Declaration ND-08-06.
Property Location: 15400 Los Gatos Boulevard (APN 424-15-045). Property
Owner: SHP Newark LLC. Applicant: Kenneth Rodrigues & Partners.
ORDINANCE 2175
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Pulled Consent Item #10 - Continued
Council Member Barbara Spector
• Expressed concerns about moving forward with the proposed project
before a traffic study is done.
• Indicated that she would like to see a traffic study done by August, 2009.
• Suggested conducting a thorough traffic analysis along the Boulevard
prior to approving any projects.
Mr. Larson
• Commented that resources and staff time may not allow for a thorough
traffic analysis by August, 2009.
• Commented that staff has taken a look at the traffic study which was done
as part of the General Plan update in 2000 and is now able to provide
more thorough information regarding traffic impacts along Los Gatos
Boulevard.
• Commented that staff will be conducting a new environmental review and
traffic study as part of the 2010 General Plan update.
Council Discussion
• Commented that the 2000 traffic study which is part of the General plan
was a thorough study for traffic impacts along Los Gatos Boulevard.
• Commented that there is not enough information regarding traffic impacts
along Los Gatos Boulevard.
Mr. Davis
• Expressed concerns about the left turn queue and that the project intends
to increase the traffic by 2000 visits per day.
• Suggested a longer queue to accommodate the increase in traffic.
• Commented about setbacks for the proposed project.
MOTION: Motion by Council Member Steve Rice to approve
Consent Item #10 with the correction to #4 of the ordinance.
The correct version should read:
4. HEIGHT: The height of the structure shall not exceed 18
feet.
Seconded by Council Member Joe Pirzynski.
VOTE: Motion passed 411. Council Member Barbara Spector
voted no.
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PULLED CONSENT ITEMS #3, 20 and 21
3. Accept Investment Report for April 2009
20. Approve Council/Agency minutes of June 1, 2009
21. PPW Job No. 09-06 - Los Gatos Library Project 411-281-2501 Adopt a
resolution authorizing the Town ManagerlExecutive Director to execute a
professional services agreement with Swinerton Management &
Consulting, Incorporated to provide construction management services in
an amount not to exceed $347,598. RESOLUTION 2009-080
Mr. Davis
Item #3
Commented that the cash flow as indicated in the Town's Investment
Portfolio increased to approximately $84 million.
Commented that he feels that the Town has plenty of money.
Item #20
• Stated that his comments during the verbal communications portion of the
June 3, 2009 Town Council meeting were incorrect.
Item #21
Commented that Redevelopment Agency (RDA) funds are the prime
source for the Library project and that using the RDA funds are prohibited.
Commented that the Town is robbing Peter to pay Paul.
Stated that he promises to go to the Grand Jury.
Mr. Larson
Clarified that the $8 million increase shown in the investment report is due
to $6 million received from Santa Clara County for the property sale at
Vasona, and $2 million is largely designated to capital and economic
reserves.
MOTION: Motion by Council Member Joe Pirzynski to approve
Consent Items #3, #20, and #21.
Seconded by Council Member Steve Rice.
VOTE: Motion passed unanimously.
ADJOURNMENT
Attest:
Jackie D. Rose, Clerk Administrator
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