Attachment 8 Feb 2 MinutesTOWN OF LOS GATOS
CALIFORNIA
TOWN COUNCIL /PARKING AUTHORITY
STUDY SESSION OVERVIEW AND UPDATE ON
CABLE TV FRANCHISE RENEWAL
February 2, 2004 /Minutes
TOWN COUNCIL
The Town Council /Parking Authority/Redevelopment Agency of the Town of Los Gatos
met in the Council Chambers of the Town Hall, 110 East Main Street, at 5:15 p.m.,
Monday, February 2, 2004, in study session.
ROLL CALL
Present: Council: Sandy Decker, Diane McNutt, Joe Pirzynski,
Mike Wasserman and Mayor /Chairman Steve Glickman
Staff; Community Development Director, Bud Lortz;
Town Attorney, Orry Korb; Public Works Director, John Curtis;
Community Services Director, Regina Falkner; Police Chief,
Scott Seaman; Library Director, Peggy Conaway; Finance Director,
Steve Conway, Assistant Town Manager, Pamela Jacobs; Town
Manager, Debra Figone.
VERBAL COMMUNICATIONS
There was no one in the audience to address Council this evening.
STUDY SESSION ON CABLE TV FRANCHISE RENEWAL
Staff noted that this meeting was to discuss the franchise renewal activities with Council
as they relate to the negotiation process.
• Renewal outcomes negotiated by other communities were reviewed
• The consultant addressed legal issues relating to the existing KCAT board structure
• Council considered forming an ad hoc subcommittee to provide policy guidance and
address policy - related issues that may arise during the negotiation process
s Next steps associated with the renewal process were discussed
ADJOURNMENT
Mayor Glickman adjourned this session at 6:00 p.m.
ATTEST:
Debra J. Fi one
Town Manager and Deputy Town Clerk
ATTACHMENT 8
TOWN OF LOS GATOS
CALIFORNIA
TOWN COUNCIL/PARKING AUTHORITY
JOINT REDEVELOPMENT AGENCY
FEBRUARY 2, 2004 / MINUTES
Los Gatos Civic Center
110 E. Main Street
Los Gatos, CA 95030
'TIME
ITEM
= ACTION ON ITEM
7:33
'TOWN COUNCIL
The Town Council/Parking Authority /Redevelopment Agency of the
PM
Town of Los Gatos met in the Council Chambers of the Town Hall, 110
East Main Street, at 7:33 p.m., Monday, February 2, 2004, in a joint
regular session.
7:34
PM
ROLL CALL
Present: Sandy Decker, Diane McNutt, Joe Pirzynski, Mike
Wasserman and Mayor /Chairman Glickman.
Absent: None
7:34
PLEDGE OF
The audience was invited to participate in the Pledge of Allegiance.
PM
ALLEGIANCE
7:35
CLOSED SESSION
Town Attorney, Orry Korb, reported that Council had not met in Closed
PM
Session prior to this evening's meeting.
APPOINTMENTS
BOARDS - COMMISSIONS - COMMITTEES
BOARD OF
Mayor Glickman announced that one application for the BuildingBoard
APPEALS
of Appeals had been received from Tom Dodge for the one advertised
vacancy. Voting was held and Mr. Dodge was reappointed to the Board
for a term ending 01 /O1 /06.
COMMUNITY
Mayor Glickman announced that one application had been received
SERVICES
from Jessica Scheiner for the three openings on the Community
ServicesCormnission. Voting was held and Ms Scheiner was appointed
to a term ending 01/01/07.
PLANNING
Mayor Glickman announced that six applications had been received
COMMISSION
from Gary Ball, James Doss, Howell Thomas, Thomas O'Donnell,
Chuck Sloan and Joanne Talesfore for the two vacancies on the
Planning Commission. Voting was held and Ms Talesfore and Mr.
O'Donnell were appointed to terms ending 01/01/07.
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Town Council Minutes
Redevelopment Agency
February 2, 2004
Los Gatos, California
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E
ITEM
ACTION ON ITEM
F
APPOINTMENTS
BOARDS - COMMISSIONS - COMMITTEES CONTINUED
TRANSPORTATION
Mayor Glickman announced that two applications were received from
L11
& PARKING
Howell Thomas and Tim Boyd for the one opening on the
I
Transportation and Parking Commission. Voting was held and Mr.
Boyd was appointed to term ending 01/01/08.
7:39
PRESENTATIONS
PRESENTATIONS
PM
7:39
BUSINESS
Council Member Wasserman presented a Commendation fi-ont the
PM
RECOGNITION
Town to Adrienne Kerwin of "Adrienne's" for the demonstration of
community service that this business has shown. Ms Kerwin was
"ADRIENNE'S"
present to receive the commendation and thanked the Town for the
opportunities to serve and noted her commitment to continue her service
to the Town in the years to come.
7:43
COMMENDATION
Mayor Glickman presented a Commendation from the Town to
PM
PARK COMMISSION
Gladwyn D'Souza for his year of service on the Transportation and
Parking Commission. Mr. D'Souza was present to accept and thanked
the Town for the opportunity to have served on this commission.
7:46
CONSENT ITEMS
CONSENT ITEMS
PM
ITEM I
Motion by Mrs. Decker, seconded by Ms McNutt, that Council accept
and file informational report regarding currently scheduled public
SCHEDULE OF
hearings. Carried unanimously. (01.28)
PUBLIC HEARINGS
ITEM 2
Motion by Mrs. Decker, seconded by Ms McNutt, that Council ratify
the check register for payrol I ofDecember 21, 2003 through January 17,
PAYROLL
2004 paid on January 23,2004 in the amount of $1,068,509.43. Carried
RATIFICATION FOR
unanimously. (02.V)
NOVEMBER AND
DECEMBER 2003
ITEM 3
Motion by Mrs. Decker, seconded by Ms McNutt, that Council ratify
the check register for accounts payable invoices paid on January 16,
ACCOUNTS
2004 and January 23, 2004 in the amount of $726,953.29. Carried
PAYABLE
unanimously. (03.V)
RATIFICATION FOR
NOVEMBER
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Town Council Minutes
Redevelopment Agency
February 2, 2004
Los Gatos, California
TIME
ITEM
ACTION ON ITEM
7:46
CONSENT ITEMS
CONSENT ITEMS CONTINUED
ITEM 4
Motion by Mrs. Decker, seconded by Ms McNutt, to accept
COMMUNITY
recommendation from Community Services Commission Chair and
SERVICES
Vice Chair to appoint Rachel Berkowitz as student Community Services
COMMISSION
Commissioner. Carried unanimously. (04.12)
APPOINTMENT
ITEM 5
Motion by Mrs. Decker, seconded by Ms McNutt, that Council adopt
Resolution 2004 -I1 entitled, RESOLUTION OF TOWN OF LOS
PROJECT 0409
GATOS APPROVING THE PLANS AND SPECIFICATIONS
FOR CAPITAL PROJECT 0409A - PARKING GARAGE LOT 4 -
PARKING LOT 4
REPAIRS AND REHABILITATION AND AUTHORIZING
REPAIRS AND
STAFF TO ADVERTISE THE PROJECT FOR BIDS. Carried
REHABILITATION
unanimously. (05.24)
Resolution 2004 -11
ITEM 6
This item has been pulled and will be heard after Item 11.
14300 -14350
WINCHESTER
❑
COUNCIL /AGENCY
TOWN COUNCIL /REDEVELOPMENT AGENCY
ITEM 7
Motion by Mrs. Decker, seconded by Ms McNutt, that the Town
Council/Redevelopment Agency approve the Minutes of the Joint
MINUTES
Regular Meeting January 20, 2004 as submitted. Carried unanimously.
JANUARY 20, 2004
(07.V)
ITEM 8
Motion by Mrs. Decker, seconded by Ms McNutt, that Council
approve the continued use of speed humps on Johnson Avenue as a
JOHNSON AVENUE
permanent traffic calming measure. Carried unanimously. (08.41)
TRAFFIC CALMING
ITEM 9
This item has been pulled and will be heard after Item 11.
SAFE ROUTES
TO SCHOOLS
=1REDEVELOP
REDEVELOPMENT AGENCY AGENDA
ITEM 10
Motion by Mrs. Decker, seconded by Ms McNutt, that the Agency
ACCOUNTS
ratify the check register for accounts payable invoices paid on January
PAYABLE
16, 2004 and January 23, 2004 in the amount of $271,841.98. Carried
RATIFICATION
unanimously. 10.V
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Town Council Minutes
Redevelopment Agency
February 2, 2004
Los Gatos, California
TIME
ITEM
ILCOMMUNICATIONS
ACTION ON ITEM
7:46
VERBAL COMMUNICATIONS
7:46
SPEAKER
Ray Davis spoke of safe routes to schools for children and noted the
Los Gatos Boulevard and Shannon Road pedestrian crossing. He also
asked that Council establish a Park Dedication Fund with Development
Impact Fees from new construction in Town.
7:51
SPEAKER
Chuck Novillo spoke of the fence line on his property and his difficulty
working with the City of Monte Sereno regarding his property line and
water runoff from his neighbor's pool.
F-11
OTHER BUSINESS
OTHER BUSINESS
7:54
ITEM 12
HILLSIDE DEVELOPMENT & GUIDELINES (12.38)
PM
HILLSIDE
Mayor Glickman announced that this was the time and place so noted
DEVELOPMENT &
to receive public input and consider the adoption of resolution for the
GUIDELINES
Hillside Development Standards & Guidelines.
STAFF REPORT
Bud Lortz, Director of Community Development, reported on the past
two years of efforts by staff, committees and the community regarding
these proposed polices for the hillsides and noted that he was available
to Council regarding any questions they might have. He also reported
on Mr. McCarthy's request regarding floor area of single family homes
in the hillside standards not applying to his project being a planned
development that was approved prior to the adoption of the guidelines
but which had not yet applied for architecture and site approval.
7:25
ITEM 12 SPEAKERS
SPEAKERS ON ITEM 12 — HILLSIDE STANDARDS
7:58
SPEAKER
Ray Davis spoke of too much development in the hillsides.
8:01
Joe McCarthy asked that his planned development be grand- fathered
in. He has been working under the old hillside guidelines and would
like to complete his project under the regulations he began with. He
spoke of the removal of the huge eyesore that had stood on the property
in the past, a facility that was in some places six to seven stories high.
He requested that the size and mass of the demolition be considered
when the footprint of his project is submitted. He noted the 160,000
square foot convent removal and the demolition of the four story, 6,500
square foot facility on the promontory of the property that have been
removed from the visual impact from the valley floor.
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Town Council Minutes
Redevelopment Agency
February 2, 2004
Los Gatos, California
TIME
ITEM
ACTION ON ITEM
ITEM 12 SPEAKERS
SPEAKERS ON ITEM 12 - HILLSIDE STANDARDS CONT.
8:04
Tom O'Donnell, speaking for the McCarthy proposal, asked for
fairness or at least the recognition of being in the pipeline at this time.
He asked that each house be evaluated location by location and on its
own merits.
8:21
David Weissman spoke against the proposal and asked that the new
Hillside guidelines be followed.
Dr. Heidi Evers who lives on Foster Road was very pleased with the
McCarthy plans and all the work that has been promised by Mr.
McCarthy and completed so far.
8:26
Peggy Dallas asked that the Hillside Standards be approved. She has
worked on General Plans I & D and believes that the McCarthy proposal
can follow the standards successfully.
8:28
Suzanne Cochran spoke of the work that has gone into the Hillside
Standards and asked that upcoming applications follow those
guidelines. She believes the request from McCarthy leaves too much
open to speculation at this time.
8:33
Art Bonner supported the Hillside Plan and requested that Council not
grant exceptions to those standards.
8:36
ITEM 12
Mayor Glickman closed the public comment section of the Council's
CLOSED PUBLIC
business.
COMMENTS
MOTION
Motion by Mrs. Decker, sconded by Mr. Wasserman, that Council
adopt Resolution 2004 -12 entitled, RESOLUTION OF TOWN OF
LOS GATOS ADOPTING HILLSIDE DEVELOPMENT
STANDARDS & GUIDELINES (Attachment 14). (12.38)
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Town Council Minutes
Redevelopment Agency
February 2, 2004
Los Gatos, California
TIME
ITEM
ACTION ON ITEM
ITEM 12
HILLSIDE STANDARDS & GUIDELINES - CONTINUED
HILLSIDE
ITEM 12
STANDARDS
COUNCIL
Mrs Decker noted that the demolition of the prior institution on this
DISCUSSION
site, and the community's focus on the Los Gatos foothills, accent the
beauty of this location which has become the central focal point as one
approaches Los Gatos on the freeway. The adoption of the guidelines
allow the McCarthy project to go forward and use these standards the
way they were proposed and intended, which is to minimize the impact
of building in our hillsides.
Mr. Wasserman believes that the proposed hillside standards allow for
6,000 square feet but also permit under - grounding of living space which
permits additional square footage. The restrictive element for him is
the 25% or 1,500 square feet of visibility from the valley floor. He
believes that creativity and uniqueness of design can help meld the
structure to the hillsides and mitigate impacts to the view shed.
Mr. Pirzynski asked that ways to protect the beauty of the hillsides for
the whole Town and ways to develop architectural styles that make use
of the contours of the land be pursued. He believes there are
appropriate architectural designs which will be able to follow the
hillside guidelines and create beautiful, compatible and comfortable
homes. He spoke of the protection of the view shed and the use of
creative ways to gain additional square footage.
Mrs. McNutt spoke of fairness to Mr. McCarthy and his project and
the need to support the hillside standards and guidelines.
Mr. Glickman spoke with staff and determined that sufficiently large
plantings and carefully landscaped site might be able to cover enough
of a structure to render it only 25% visible and possibly allow flexibility
in square footage. The assumption being that over the years the trees
will continue to mature and further shield the home from view. This
mechanism can meet the hillside standards and still balance fairness
with the guidelines.
8:55
MOTION CARRIED
Mayor Glickman called the question. Carried unanimously.
PM
ERECESS
CALLiW—]l
Mayor Glickman called a five minute recesss.
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Town Council Minutes
Redevelopment Agency
February 2, 2004
Los Gatos, California
TIME
-7
ITEM
ACTION ON ITEM
9:01
ITEM 11
15220 KENNEDY ROAD - SOLAR PANEL USE
Mayor Glickman announced that this was the time and place duly
15220 KENNEDY
noticed for holding a public hearing to consider an appeal of the
ROAD
decision of the Planning Commission to approve a grading permit for
landscaping improvements and to install solar panels on property zoned
SOLAR PANEL USE
HR -2 %2. No significant environmental impacts have been identified as
a result of this project and a Mitigated Negative Declaration was
approved. APN 537 -15 -004. Architecture and Site Application S -01-
98. Negative Declaration ND -04 -3. Property Location: 15220
Kennedy Road. Property Owner/Applicant/Appellant: Jim Deichstetter
STAFF
Bud Lortz, Director of Community Development, gave an overview
and history of this project and the Town's policies concerning solar
panel installation.
SPEAKERS
SPEAKERS FOR ITEM 11 - 15220 KENNEDY ROAD
APPLICANT
Jim Deichstetter spoke of an energy audit that was suggested and the
need for the panels to be at a 30 degree angle for maximum efficiency.
He noted different locations and the problems with visibility and
impacts to neighbors. He also spoke of the need to remove trees if
certain locations were chosen. The environmental need to reduce the
amount of carbon dioxide in the atmosphere and the means to supply his
own clean energy source were the reasons he chose to pursue solar
panels.
9:27
Dave Weissman, spoke in support of solar energy panels but also
encouraged a smaller installation with thought to the environment and
the neighborhood.
9:30
Kurt Newick spoke in support of the Sierra Club and as Chair of the
Global Warming Energy Committee. He addressed cost effective solar
installations, solar friendly permitting policies and the need to address
global warming issues with cost effective solutions to the use of
expensive fossil fuels.
9:33
Glen Minyard designer of the proposed solar system. He spoke of
situating the panels in full sunlight during the hours of 8am to 4pm to
produce optimum power. He designed this project to minimize the size
of the array, shield the panels from the neighbors and the road and to
also make it economical and productive. He also noted that solar panels
have warrantees of twenty to twenty five years of 90% power output.
niCLOSED
HEARING
[Miayor Glickman closed the public hearing.
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Town Council Minutes
Redevelopment Agency
February 2, 2004
Los Gatos, California
TI)\9E
ITEM
ACTION ON ITEM
ITEM 11 Continued
15220 KENNEDY ROAD - SOLAR PANEL USE
1-1
CONTINUED
9:50
ITEM 11
COUNCIL COMMENTS AND CONSENSUS
COUNCIL
Council discussed the leach field placement, the perimeter fencing and
COMMENTS
landscaping, the solar panel arrays, and specifically how to minimize
SOLAR PANELS
impacts to the hillsides. Council consensus was to limit the array to
only the family's and site's needs and requirements.
9:56
MOTION
Motion by Ms McNutt, seconded by Mr. Pirzynski, to uphold the
ITEM 11
Planning Commission's decision and approve Architecture and Site
SOLAR PANELS
Application S -01 -98 with conditions.
9:57
ITEM 11
15220 KENNEDY ROAD /SOLAR PANELS
SOLAR PANELS
COMMENTS ON CONDITIONS:
*the solar panel application that was brought forth was approved by the
COMMENTS ON
Planning Commission
CONDITIONS
*the application had conditions and provided some options that the
applicant didn't care to follow but could still pursue if he chose to
*conservation and cutting back on the energy that is used, should be a
number one priority, then there wouldn't be a need for such a huge array
of solar panels on the hillside
*the leach field area shall not be irrigated – applicant would like red
fescue planted in that location –red fescue is a grass that is tolerant of
drought conditions and does not need irrigation and can replicate the
natural setting of the hillside
*the leach field area shall not be planted with ornamental landscaping
*parameter fencing of 3/4's of the property has pre- existing fencing and
only the southern boundary is being considered for conditions
*no fencing is to be installed later on southern boundary that would
prohibit the migration of animals
*no more than 2,500 square feet of solar panels to be installed
*before impacting the hillsides with this number of panels it would be
appropriate for the applicant to try to diminish his own energy
consumption and use the products to do so that are already available on
the market
*condition 4 is to be followed, which limits the applicant to that power
necessary to meet either the CEC or the home's needs, whichever is less
*the Town does purport itself to be solar friendly
*Resolution to return with appropriate language for Council's review
]0:26
MOTION CARRIED
Mayor Glickman called the question. Carried by a vote of 3 ayes.
Mrs. Decker and Mr. Pirzynski voted no, having requested a
method to restrict the number of panels allowable in the hillsides.
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Town Council Minutes
Redevelopment Agency
February 2, 2004
Los Gatos, California
TIME
ITEM
ACTION ON ITEM
RECESS CALLED
Mayor Glickman called a five minute recess.
10:34
ITEM 6
ITEM 6 - 14300 -14350 WINCHESTER BLVDISOBRATO
14300 -1450
CONSENT ITEM THAT HAD BEEN PULLED
WINCHESTER
Speaker:
BOULEVARD
Ray Davis asked that Council Member Joe Pirzynski make a motion for
SOBRATO
reconsideration on the Sobrato development application. He asked that
a Park Dedication Ordinance be passed during the rehearing and that
SPEAKER
mitigation fees of approximately one million one hundred and fifteen
thousand dollars for park dedication be required of the Sobrato
development.
Motion by Mr. Pirzynski, seconded by Ms McNutt, that Council adopt
MOTION
Ordinance 2126 entitled, ORDINANCE OF THE TOWN OF LOS
GATOS AMENDING THE PLANNED DEVELOPMENT AT
14300 -14350 WINCHESTER BOULEVARD IORDINANCE 20911,
ORDINANCE 2126
Carried by a vote of 3 ayes. Council Members Decker and Wasserman
voted no for reasons noted in prior record. (06.15)
10:41
ITEM 9
ITEM 9 - SAFE ROUTES TO SCHOOLS GRANT
CONSENT ITEM THAT HAD BEEN PULLED
Speakers:
SPEAKERS
Ray Davis spoke to the crosswalks at the schools in Los Gatos. He
believes that there is more to be done by the Town to make these
crosswalks safe for children on the way to school. He particularly noted
the Blossom Hill School, the Van Meter school, and Fisher School.
Chris Miller approved of the direction of the report and believes that
the Town is actively pursuing the options available to address these
concerns.
Motion by Mr. Wasserman, seconded by Mrs. Decker, that Council
SAFE ROUTES TO
adopt Resolutions 2004 -13 & 2004 -02RD entitled, RESOLUTION OF
SCHOOL
TOWN COUNCIL AND REDEVELOPMENT AGENCY OFTHE
TOWN OF LOS GATOS AUTHORIZING TOWN MANAGER -
EXECUTIVE DIRECTOR TO APPLY FOR GRANT FUNDS
RESOLUTIONS
CONCERNING SAFE ROUTES TO SCHOOLS. Carried
2004 -13 & 2004 -02RD
unanimously. (10.15)
10:46
ITEM 13
ITEM 13 - COMMERCIAL DESIGN GUIDELINES
COMMERCIAL
DESIGN
Motion by Mr. Pirzynski, seconded by Mr. Wasserman, to accept the
GUIDELINES
Scope of Work and budget for preparation of Commercial Design
Guidelines. Carried unanimously. (13.38)
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