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2011062012 - Town Council Meetin Minutes of June 6, 2011DRAFT Council/Agency Meeting 06/20/11 Item # ,a MINUTES OF THE TOWN COUNCIL/PARKING AUTHORITY/REDEVELOPMENT AGENCY MEETING JUNE 6, 2011 The Town Council of the Town of Los Gatos conducted a Regular Meeting on Monday, June 6, 2011 at 7:00.P.M. TOWN COUNCIL/PARKING AUTHORITY/REDEVELOPMENT AGENCY MEETING CALLED TO ORDER AT 7:00 P.M. ROLL CALL Present: Mayor Joe Pirzynski, Vice Mayor Steve Rice, Council Member Steven Leonard's, Council Member Diane McNutt, and Council Member Barbara Spector. Absent: None. PLEDGE OF ALLEGIANCE Rachel An, Blossom Hill Elementary school led the Pledge of Allegiance. The audience was invited to participate: PRESENTATIONS 2011 Youth Friendly Business of the Year - Los Gatos Roasting Company Mayor Joe Pirzynski, Chief Scott Seaman, and Nicky Robinson, Youth Commission Chair, presented the Youth Friendly Business of the Year award to the Los Gatos Coffee Roasting Company. Teri Hope, Los Gatos Coffee Roasting Company, accepted the award and thanked the Youth Commission and the community for their support. Outgoing Student Commissioners - Jacob Hershberger and Nicky Robinson - Mayor Joe Pirzynski and Chief Scott Seaman presented commendations to the outgoing Youth Commissioners. CLOSED SESSION REPORT - There was no Closed Session scheduled for this meeting. TOWN COUNCIL COUNCIL/TOWN MANAGER REPORTS Council Matters - There were no Council Matters for this meeting. Manager Matters Mr, Larson Commented that the Music in the Park series will begin on June 19, 2011 and Jazz in the Plazz will begin on June 22, 2011. Commented that the Town is currently seeking applications for the Planning Commission and for the General Plan Committee. The deadline to submit applications is Friday, July 22, 2011. Did You Know?? Mr. Larson - Introduced the newly appointed Santa Clara County Fire Chief Kenneth Kehmna. - Chief Kehmna thanked Council and the community for their support. CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION) 1. Adopt resolution establishing the FY 2011 /2012 GANN appropriations limit for the Town of Los Gatos. RESOLUTION 2011-037 2. Approve minutes from May 25, 2011 Special Joint Town Council/Planning Commission Study Session. 3. Appoint members and alternates to the Los Gatos Youth Commission, Community Services Commission, and Parks Commission as recommended by the Ad Hoc Council Sub -Committee. 4. PPW Job No. 10-08 - FY 2010/11 Curb, Gutter, and Sidewalk Replacement Project 411-813-9921 a. Authorize the Town Manager to execute a construction contract with Nor -Cal Concrete Company in an amount not to exceed $223,072 b. Authorize staff to execute future change orders to the construction contract as necessary in an amount not to exceed $25,000 Consent Items #1-7 - Continued TOWN COUNCIL/REDEVELOPMENT AGENCY 5. Approve Council/Agency minutes of May 16, 2011 6. Approve Town Council/Redevelopment Agency Meeting Schedule for 2011-2012 Fiscal Year. 7. Adopt resolutions approving the Town and Redevelopment Agency's Fiscal Year 2011/12 Operating Budget, Capital Improvement Program for Fiscal Years 2011/12- 2015/16, Carry -Forward Appropriations, and other approved adjustments and minor corrections. RESOLUTION 2011-038 and RESOLUTION 2011-039 MOTION: Motion by Council Member Barbara Spector to approve Consent Items #1-7. Seconded by Council Member Diane McNutt. VOTE: Motion passed unanimously. Mayor Joe Pirzynski introduced the new Youth Commissioners and Parks Commissioner. VERBAL COMMUNICATIONS Mr. Knowles - Commented on supporting Los Gatos Music and Arts and the Los Gatos Police Foundation and thanked Teri Hope for all her dedication and support with these foundations. Ms. Buschini - Commented about her accident where she tripped over a tree grate on Los Gatos Boulevard and suggested that the Town fill in the hole around the tree grate to prevent the possibility of a future accident. Ms. Outler Expressed concerns about the proposed pedestrian bridge at the Creekside Sports Park. Suggested including all of the park neighbors in future community meetings involving the Creekside Sports Park. Verbal Communications — Continued Mr. Larson - Commented that the Town is just now launching discussions and community meetings regarding the sports park. Closed Verbal Communications TOWN COUNCIL PUBLIC HEARINGS 8. Consider a request to expand an existing restaurant (Main Street Burgers) into a space currently occupied by a separate restaurant (Cold Stone Creamery) on property zoned C-2. APN 510-45-075. Conditional Use Permit U-11-001. Property Location: 20 S. Santa Cruz Avenue, Suites #200 & 201. Property Owner: Portfolio Management Co. Applicant: Ed Rathmann. RESOLUTION 2011-040 Staff report made by Jennifer Savage, Associate Planner. Open Public Hearing Mr. Rathmann and Mr. Thompson, Applicants Commented that the Planning Commission supports the proposed expansion. Mr. Knowles - Commented on supporting the proposed project. Closed Public Hearing MOTION: Motion by Council Member Barbara Spector to approve the expansion of an existing restaurant (Main Street Burgers) into a space currently occupied by a separate restaurant (Cold Stone Creamery) on property zoned C-2. APN 510-45-075. Conditional Use Permit U-11-001. Property Location: 20 S. Santa Cruz Avenue, Suites #200 & 201. Property Owner: Portfolio Management Co. Applicant: Ed Rathmann. Seconded by Council Member Diane McNutt. VOTE: Motion passed unanimously. Page 4 Public Hearings — Continued 9. Reconsider a request to expand an existing restaurant (Gardino's) to add seating, full alcoholic beverage service, and modify hours of operation on property zoned C-2. APN 510-44-030. Conditional Use Permit Application U-10-023. Property location: 49-51 N. Santa Cruz Avenue. Property owner: Jennifer White. Applicant: Pete Jillo RESOLUTION 2011-041 Council Member Barbara Spector recused from Item #9 due to the fact that her law firm has represented a participant in the hearing. Staff report made by Jennifer Savage, Associate Planner. Open Public Hearing Mr. Carter, Applicant Commented that Mr. Jillo has requested a Conditional Use Permit that would only provide additional seating. No kitchen would be added, and the space could be reverted back to retail in the future. Commented that Guardino's may not be able to retain their viability without the expansion. Requested that Council approve the proposed application. Commented that Guardino's has been a local business for over 17 years as well as an affordable "mom and pop" business in the downtown area. Commented that Guardino's has reduced the size of their counter space and does not feel that an operational agreement would be needed. Council Comments - Questioned if the applicant agrees to the proposed 30% reduction to the length of the counter space. Questioned if the Town is legally protected without an operational agreement. - Questioned if Mr. Jillo is set on placing the benches at a certain location. Questioned if the applicant would be able to move forward with the application and improvements as staff is finalizing the Conditional Use Permit and operational agreement. Mr. Carter Clarified that their only concern would be if the counter space was further reduced, causing the refrigeration unit to become visible. Clarified that the applicants reduced the counter space by 30% and reduced the seating to seven seats at the counter. Page 5 Public Hearing Item #9 — Continued Mr. Jillo - Commented that he is flexible with staff's recommendation for the location of the benches and the recommended 30% reduction to the counter length. Ms. Propp Commented that there is strong language in the Conditional Use Permit and the resolution, however, the operational agreement does allow for additional protection and would address site specific issues that may come up. Commented that the timing to finalize an operational agreement could be within 30 days. Mr. Larson - Commented that the Conditional Use Permit does supply minimum protection by involving the property owner and that any change of ownership would require a new Conditional Use Permit. - Clarified that the applicant would t?e permitted to move forward with the expansion and the expanded certificate of occupancy would be issued once all documents have been finalized. Mr. Knowles Commented that the applicant has agreed to reduce the counter seating from seven to five, but would request that the reduction to the counter length remain at the recommended 30% reduction to accommodate the refrigeration needs. Requested that Council approve the proposed project. Mr. Greenfield - Commented on supporting the proposed project. Mr. Herrera - Commented on supporting the proposed project. Mr. Hossenlopp - Commented on supporting the proposed project. Mr. Normandin Commented on supporting the proposed project. Mr. Abela - Commented on supporting the proposed project. Rev. Bernal - Commented on supporting the proposed project. Page 6 Public Hearing Item #9 — Continued Mr. Price - Commented on supporting the proposed project. Mr. Campbell - Commented on supporting the proposed project. Mr. Buxton - Commented on supporting the proposed project. Mr. Bellezza - Commented on supporting the proposed project. Ms. Gutierrez - Commented on supporting the proposed project. Ms. Smith - Commented on supporting the proposed project. Mr. Munz - Commented on supporting the proposed project. Ms. Pugliese - Commented on supporting the proposed project. Ms. Hutchinson - Commented on supporting the proposed project. Mr. Lonsdale - Commented on supporting the proposed project. Mr. Boitano - Commented on supporting the proposed project. Mr. Jillo, Applicant Thanked the community for their support. Closed Public Hearing 7 Public Hearing Item #9 — Continued Council Comments Questioned if staff would consider the recommended seven seats for the proposed project. Requested discussing the counter space and the number of seats separately. Questioned the significance of an operational agreement. Mr. Larson Commented that regardless if there were seven seats or five seats, the total occupancy is 45 seats for the establishment. Clarified that the operating agreement would provide an agreement with the owner. Commented that the operational agreement could be completed within 30 days. Mr. Larson Commented on the revised Conditions of Approval under Exhibit A of Attachment 2: Items #1 and #6, wherever dates are submitted for reference by the development plans which were submitted on February 25, 2011, those would be changed to the most revised plan date of May 25, 2011. Item #7 — Number of seats is up to the Council discretion of either staffs recommendation of five or the applicant's request of seven or the original request of ten. Item #8 - Changed for the record to read: The food service counter shall be no larger than shown on the development plans, noted as received by the Town on May 25, 2011. All other language would be struck from that Condition. Page 2: Item #20 - Reads as follows: (issuance of building permits or) Prior to the initiation of any operational changes permitted under this approval. Item #21 - Regarding the property owner: The property owner shall sign, agree, and submit to the operational agreement prior to commencement of use. The property owner shall submit in writing the agreement and commitment to the Conditional Use Permit prior to commencement of use. Community Benefit: Community benefit would be simplified to read: The applicant has offered the following community benefit to offset traffic impacts created by the proposed project. Two public benches to be placed in the downtown area to the satisfaction of the Director of Parks and Public Works. P age 8 Public Hearing Item #9 -. Continued MOTION: Motion by Vice Mayor Steve Rice to expand an existing restaurant (Gardino's) to add seating, full alcoholic beverage service, and modify hours of operation on property zoned C- 2. APN 510-44-030. Conditional Use Permit Application U- 10-023. Property location: 49-51 N. Santa Cruz Avenue. Adopt resolution in Attachment 2 with the modified Conditions of Approval as stated above by Mr. Larson and with the recommended 30 % reduction to the counter space and up to seven seats at that counter. Seconded by Council Member Diane McNutt. VOTE: Motion passed unanimously. Mayor Joe Pirzynski called for a recess at 8:22 p.m. Meeting resumed at 8:30 p.m. 10. Planned Development PD-07-145; and Negative Declaration ND-0-148. Property Location: 16005 Los Gatos Boulevard. Property Owner: CHL Ventures, LP. Applicant: Kenneth Rodrigues & Partners a. Consider approval of a planned development to change the zone from CH to Ch:PD, for a mixed use development consisting of retail and office commercial space, townhomes, and single family residences. APNS 529-16-025 and 053 b. Consider adoption of the Mitigated Negative Declaration and Mitigation Monitoring Plan Staff report made by Heather Bradley, Contract Planner. Council Comments Requested clarification regarding the next steps. Requested clarification about the "net benefit" costs. Questioned the contribution cost for the Los Gatos Boulevard and Blossom Hill Road intersection improvements. Questioned if the footprint and height are what is being considered as part of the Planned Development. Questioned how vehicles exit the proposed parking lot to go northbound on Los Gatos Boulevard. Questioned if a vehicle could cross over to the far left turn lane on Los Gatos Boulevard to make a left turn onto eastbound Blossom Hill Road. e 9 Public Hearing Item #10 — Continued Council. Comments — Continued Questioned if staff has had discussions with the superintendent of the schools regarding the increased number of students. Questioned the determination of the traffic impacts and if the North 40 plan was included in that study. Ms. Bradley - Clarified that the applicant would be paying approximately $65,000 to install full improvements at the Los Gatos Boulevard and Blossom Hill Road intersection. Mr. Larson Clarified that the community benefit has been calculated by the Director of Parks and Public Works and Community Development at $24,000 which is the $60,000 minus the $36,000 fair share. Ms. Bradley Clarified that specific plans would be reviewed during the Architecture and Site process and that the residents would be notified when that process will take place. Clarified that the footprint and height would be considered as part of the Planned Development process. Clarified that there is a right out only onto Los Gatos Boulevard and vehicles would have to move into the far left turn lane to make a U-turn at Magnesson Loop or make a right turn onto Placer Oaks from the propose Placer Oaks exit, then left at Oak Rim Way, then Left at Blossom Hill Road. Clarified that the school district was in agreement with the formula and that the formula is the same formula used to calculate students per household in the General Plan. Mr. Capurso • - Clarified that there is no restriction to cross over to the far left lane to turn eastbound onto Blossom Hill Road. - Clarified that a striping scheme to create an island effect would prohibit any type of crossover move. Ms. Baily - Clarified that the traffic study did not include the North 40 plan. Open Public Hearing Ken Rodrigues, Applicant - Commented about the differences between the original proposed project and the current proposed project. g e 10 Public Hearing Item #10 — Continued Mr. Dare, Applicant - Commented that the old story poles have been removed and the height has been reduced and new story poles were erected. Commented about the high quality retail proposed for the project. Council Comments Requested clarification if there is a benefit from not being able to turn into the property at the first access point from Los Gatos Boulevard. Questioned if some sort of diverter could be used to discourage traffic from entering Placer Oaks. Questioned if there would be exiting permitted at the south access point and if there would be enough space to make a left turn onto Blossom Hill Road. Expressed concerns about traffic issues currently along Los Gatos Boulevard. Questioned how much of the traffic improvements would be addressed during the Architecture and Site process. Mr. Rodrigues - Clarified that the Planning Commission was concerned that a diverter would not allow any traffic to enter Placer Oaks neighborhood. - Clarified that the Planning Commission suggested that the residential access be limited to reduce traffic entering and exiting onto Placer Oaks. - Commented about the idea of a U-turn on Blossom Hill Road. - Commented that the left turn lane on Blossom Hill Road would solve a lot of the traffic issues. - Commented that the applicants would like to work with staff to solve the traffic issues both on Los Gatos Boulevard and Blossom Hill Road. Mr. Larson - Clarified that there is not a firm engineering estimate,_ but the improvements to the Los Gatos Boulevard/Blossom Hill Road intersection would be a significant improvement. Total improvements for the other intersection improvement projects would be much more than $150,000. - Clarified that the $150,000 is projected for the two intersection improvements before Council as part of the Planned Development. Ms. Brown Expressed concerns about the view sheds looking to the east hills. Suggested "hip roofing" to reduce the height of the structures. Suggested changing the orientation of the homes along Blossom Hill Road for a better view shed. Suggested a lower scaled breezeway at the front of the proposed project. 11 Public Hearing Item #10 — Continued Ms. Yazdi - Expressed concerns about the height of the structures. - Expressed concerns about the noise and traffic associated with the proposed project. Mr. Shepardson - Expressed concerns about the lack of story poles at the location. - Expressed concerns about children close to the intersection at Blossom Hill Road and Los Gatos Boulevard. Council Comments - Questioned if Mr. Shepardson was concerned about the proposed project being adjacent to his property. Mr. Shepardson - Clarified that he feels that the community should have full disclosure and feels that the story poles would have provided disclosure relating to the mass, scale, and height of the proposed project. Ms. Averkiou - Expressed concerns about the traffic issues associated with the proposed project. - Expressed concerns about not being able to make a left turn onto Los Gatos Boulevard and would like to see a design that would allow the left turn onto Los Gatos Boulevard. Ms. McDaniel Expressed concerns that the Placer Oaks neighborhood would be adversely impacted by the proposed project. Commented about the petition opposing the project which was submitted by the neighbors. Mr. Greene Expressed concerns about the traffic and safety impacts to the Placer Oaks neighborhood. Would like to see the project be sent back to the Planning Commission to address traffic and safety. Ms. Hunter - Expressed concerns about the traffic issues along Los Gatos Boulevard. - Would like to see traffic issues addressed before Council approves the proposed project. P 12 Public Hearing Item #10 — Continued Ms. Adams - Expressed concerns that the residential development may impact the local schools. - Expressed concerns about the increased traffic during the school hours. Mr. Nedom - Suggested that the Town consider future impacts from other projects along Los Gatos Boulevard. - Would like to see more retail/office space and less residential development. Expressed concerns that the residential development may further impact the local schools. Ms. Bryant - Commented on supporting the proposed project. - Commented that the traffic was greater when the Swanson Ford business was in operation. Mr. Gallmeister - Expressed concerns about the impacts to the local schools. Mr. Rodrigues, Applicant Commented that they have properly notified the community and have received community support for the proposed project. Commented that they are working with staff to address traffic impacts and safety issues at the intersections. Mr. Dare, Applicant Commented that they are planning dedication areas and medians along Los Gatos Boulevard and Blossom Hill Road to mitigate the traffic. Commented that they have included an additional Below Market Priced unit to the proposed plans. Closed Public Hearing Council Comments Questioned if there was consideration to add a light and crosswalk at Oak Rim Way. Commented that a red curb along Blossom Hill Road at Oak Rim Way may provide a clearer sight line for vehicles entering Blossom Hill Road from Oak Rim Way. Requested clarification relating to the proposed view shed corridors. Questioned past traffic use associated with the Swanson Ford business. Questioned if the applicant would address the concerns about lack of sunlight and the width of the corridors between the homes. Questioned privacy issues and placement of windows. Questioned the setbacks and if the proposed units would block view sheds and sunlight. 13 Public Hearing Item #10 — Continued Council Comments — Continued Questioned if the formula for calculating how many students per household was accurate and approved by the school district. Would like to have seen the story poles up a week earlier so the community could evaluate the mass and scale of the project. Suggested that the applicant be very attentive to the traffic issues associated with the proposed project as well as the surrounding neighborhoods. Questioned the time frame to complete the project. Commented that the Architecture and Site process should address neighborhood issues. Mr. Capurso Clarified that a light and crosswalk at Oak Rim Way has not been considered or evaluated at this point. Clarified that staff could look at the possibility of a merge lane for entering Blossom Hill. Road, however, that would require a right-of-way study to determine if there would be enough room along that portion of the road. Mr. Rodrigues and Mr. Dare Clarified that the units have been turned slightly to add view shed corridors for the Placer Oaks community. Clarified that there would be limited shadows cast from the proposed homes since the units are only 26 feet high. Clarified that they can address privacy issues with landscape and window placement. Clarified that the school district had agreed on the formula placed in the General Plan and feels that it should be accurate. Commented that the proposed project does not block views of the east foothills. Clarified that they will be working immediately with the neighborhood and hopes to complete the project in about 2 years. MOTION: Motion by Council Member Diane McNutt to accept the Planning Commission' s findings and recommendations in the form of meeting minutes (Attachment 3), uphold the Planning Commission' s recommendation to adopt the Mitigated Negative Declaration (Attachment 3), adopt findings supporting the zone change (Attachment 9), approve the application subject to the performance standards included in the Planned Development Ordinance, and to introduce the ordinance of the Town of Los Gatos effecting the zone change from CH to CH:PD (Attachment 10.) Seconded by Vice Mayor Steve Rice. PasE e 14 Public Hearing Item #10 — Continued VOTE: Motion passed unanimously. Mayor Joe Pirzynski directed Jackie Rose, Clerk Administrator to read the title of the ordinance. MOTION: Motion by Council Member Diane McNutt to waive the reading of the ordinance. Seconded by Vice Mayor Steve Rice. VOTE: Motion passed unanimously. OTHER BUSINESS - There was no Other Business scheduled for this meeting. ADJOURNMENT Attest: Jackie D. Rose, Clerk Administrator Page 15 THIS PAGE INTENTIONALLY LEFT BLANK