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M11-07-2011P a g e 1 Council/Agency Meeting 11/21/11 Item #5 MINUTES OF THE TOWN COUNCIL/PARKING AUTHORITY/REDEVELOPMENT AGENCY MEETING NOVEMBER 7, 2011 The Town Council of the Town of Los Gatos conducted a Regular Meeting on Monday, November 7, 2011 at 7:00 P.M. TOWN COUNCIL/PARKING AUTHORITY/REDEVELOPMENT AGENCY CLOSED SESSION BEGAN AT 6:00 P.M. MEETING CALLED TO ORDER AT 7:00 P.M. ROLL CALL Present: Mayor Joe Pirzynski, Vice Mayor Steve Rice, Council Member Steven Leonardis, Council Member Diane McNutt, and Council Member Barbara Spector. Absent: None. PLEDGE OF ALLEGIANCE The Library Happy Helpers led the Pledge of Allegiance. The audience was invited to participate. The Happy Helpers presented a check to the Friends of the Library for the new library. Mayor Joe Pirzynski complimented the Happy Helpers for their community service. PRESENTATIONS Mayor Joe Pirzynski presented commendations to Marianne Hamilton and Valerie Hopkins for their many years of volunteer work on Music in the Park. Ed San Juan from the Los Gatos United Soccer League presented a donation in the amount of $100,000 to the Town of Los Gatos for the Creekside Sports Park. Mayor Joe Pirzynski stated that former Los Gatos Mayor Steve Glickman passed away after fighting cancer. The Town will honor him at the November 21, 2011 Town Council meeting. Mayor Joe Pirzynski commented that Dave Flick unexpectedly passed away at the age of 53. A slide show of Mr. Flick’s commercial and residential design work was shown to the audience, which included members of Mr. Flick's family. P a g e 2 CLOSED SESSION REPORT Judith Propp, Town Attorney Commented that Council took no reportable action on the closed session items. TOWN COUNCIL REPORTS COUNCIL/TOWN MANAGER REPORTS TOWN COUNCIL MATTERS Mayor Joe Pirzynski - Commented that the Diane McNutt received the President’s Award from the Los Gatos Community Foundation at the CATtilion Gala on November 5, 2011. TOWN MANAGER MATTERS Greg Larson, Town Manager - Commented that the application deadline is December 8, 2011 for the Transportation and Parking Commission, the Parks Commission, and the Building Board of Appeals. - Commented that Civic Center offices will be closed Friday, November 11, 2011 for an unpaid furlough day. Did You Know?? Scott Seaman, Police Chief - Summarized various emergency preparedness efforts: 1. Establish emergency plans and drill preparation in local schools 2. Equip four neighborhoods with command centers 3. Designate evacuation routes 4. Create a community outreach database 5. Conduct CERT classes to educate the public about personal preparedness CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION) 1. Los Gatos Creekside Sports Park a. Accept donation from the Los Gatos United Soccer League in the amount of $100,000 for improvements associated with the Los Gatos Creekside Sports Park Project. b. Authorize GFAR fund budget adjustment recognizing an increase in FY 2011/12 donation revenues of $100,000 and authorize a $100,000 expenditure appropriation increase to the Los Gatos Creekside Sports Park Project #411-831- 4402. P a g e 3 Consent Items - Continued 2. Approve the Memorandum of Understanding between the Town of Los Gatos and the American Federal of State, County and Municipal Employees (AFSCME) Local 101, retroactive to September 1, 2011 and extending through June 30, 2013 and authorize the Town Manager to execute the memorandum. 3. Planned Development Application PD-11-003. Project Location: 15055 & 15075 Los Gatos Boulevard. Property Owner/Applicant: William Hirschman & Elizabeth Dodson Adopt an Ordinance to amend a Planned Development to convert existing structures into commercial condominiums and allow uses permitted in the CH Zone on property zoned CH:PD. APN 424-07-096. 4. Recreational Use Along Los Gatos Creek. Authorize the Town Manager to execute an amendment to a lease agreement with the Santa Clara Valley Water District. 5. PPW Job No. 11-25 Contractual Custodial Services for Town Facilities Approve plans and specifications for contractual custodial services for Town facilities and authorize staff to advertise the project for bid. 6. PPW Job No. 11-22 Los Gatos Adult Recreation Center Siding Project 411-821- 2501 Authorize the Town Manager to amend the construction agreement with Bogard Construction in the amount of $9,999.74 . 7. PPW Job No. 09-06 Los Gatos Library Project Outdoor Lighting 411-821-2501. a. Authorize the Town Manager to execute a construction contract with Republic ITS in an amount not to exceed $91,500 b. Authorize staff to execute future change orders to the construction contract as necessary in an amount not to exceed $9,000 TOWN COUNCIL/REDEVELOPMENT AGENCY 8. Approve Council/Agency minutes of: a. October 17, 2011 b. October 24, 2011 Special Meeting MOTION: Motion by Council Member Barbara Spector to approve Consent Items #1-8. Seconded by Vice Mayor Steve Rice. VOTE: Motion passed unanimously. P a g e 4 VERBAL COMMUNICATIONS (Up to three minutes may be allotted to each speaker to address matters that are not on tonight’s agenda.) Ms. Rachfort - Commented that Energy Upgrade California, a non-profit organization that helps residents make energy efficient choices for their homes, will make presentations in Los Gatos. PUBLIC HEARINGS 9. Introduction of an ordinance for Planned Development Application PD-11-001 and Negative Declaration ND-11-005 Project Location: 800 Blossom Hill Road. Property Owner: American Baptist Homes of the West (ABHOW). Applicant: Dan Schneider. a. Consider an amendment to a Planned Development to construct a new Memory Services and Assisted Living Facility. APN 523-005-001 b. Consider adoption of Mitigated Negative Declaration and Mitigation Monitoring Plan Suzanne Davis, Senior Planner, presented the staff report. Mr. Schneider, Applicant - Commented that the General Plan supports the proposed project and urged the Town Council to approve the proposed project. Open/Closed the Public Hearing MOTION: Motion by Council Member Barbara Spector to accept the Planning Commission’s findings and recommendations in the form of meeting minutes (Attachment 6). Seconded by Vice Mayor Steve Rice. VOTE: Motion passed unanimously. MOTION: Motion by Council Member Barbara Spector to adopt the Mitigated Negative Declaration and the Mitigation Monitoring Plan (Attachment 2) Seconded by Vice Mayor Steve Rice. VOTE: Motion passed unanimously. P a g e 5 Public Hearing Item #9 - Continued MOTION: Motion by Council Member Barbara Spector to adopt findings supporting the zone change (Attachment 3) and to approve the application subject the performance standards included in the Planned Development Ordinance and introduce the ordinance of the Town of Los Gatos effecting the zone change from RM:12 - 20:PD to RM:12-20:PD (Attachment 4). Seconded by Vice Mayor Steve Rice. VOTE: Motion passed unanimously. 10. Introduction of an Ordinance for Planned Development Application PD -11-004. Project Locations: 15400 Los Gatos Boulevard. Property Owner/Applicant: SHP Newark, LLC. Consider a request for approval to modify the existing Planned Development Ordinance to remove the requirement that 8,500 square feet of the ground floor space must be retail or restaurant on property zoned CH:PD. APN 424-15-045. Joel Paulson, Senior Planner, presented the staff report. Council Comments - Questioned whether there was a mandate in any of the planning documents at the time of Council’s decision in 2009 to require retail or restaurant space. - Questioned the reasons that the Council in 2009 required a certain square footage be designated for restaurant or retail. Mr. Paulson - Clarified that there was no mandate in the planning documents, but that there was a lot of discussion about retail and that the vision for the Boulevard is for it to become a pedestrian-friendly destination with restaurants and retail locations. Mr. Dare, Applicant - Commented that the Planned Development amendment is a policy decision. - Commented that the applicant is not requesting a ch ange to the physical structure. - Commented that a prospective single tenant wants to occupy the entire space. Council Comments - Questioned whether the proposed modification being requested is that the 8,500 square foot for restaurant or retail requirement be removed if a single tenant is able to move in, but that in the future the requirement be reinstated if no single tenant occupies the entire building. P a g e 6 Public Hearing Item #10– Continued Mr. Dare - Clarified that the 8,500 square feet requirement for restaurant and retail would be reinstated once any single tenant moves out. Ms. Despars - Expressed concerns about the proposed modification. Mr. Fagot - Expressed concerns about the proposed modification. Council Comments - Questioned whether the weeds near Carlton Drive are being abated. - Questioned the timeline for the proposed project. Mr. Dare - Commented that there is a five foot public right-of way on Carlton. - Commented that it will take about seven months to break ground. Mr. Larson - Commented that the graffiti on the fence that faces Carlton is the property owner’s responsibility. Closed Public Hearing Council Discussion - Commented that the economic environment has been challenging and that the amendment would get this property moving forward instead of stagnating. - Commented that the proposed modification keeps the door open for restaurant and retail space in the future. - Commented that approximately 31,000 square feet is already approved for medical or dental office space. - Commented that there are many types of businesses that can occupy retail space, so a restaurant may not necessarily occupy the space. MOTION: Motion by Council Member Diane McNutt to accept the report of the Planning Commission's recommendation in the f orm of meeting minutes (Attachment 3). Seconded by Council Member Barbara Spector. VOTE: Motion passed unanimously. P a g e 7 Public Hearing Item #10– Continued MOTION: Motion by Council Member Diane McNutt to accept the report of the Planning Commission's recommendation in the form of meeting minutes (Attachment 3). Seconded by Council Member Barbara Spector. VOTE: Motion passed unanimously. Council Discussion - Commented that land use documents such as the General Plan, the Los Gatos Boulevard Plan and various zoning ordinances do not mandate that a certain amount of square footage be reserved for restaurant or retail; therefore, this modification is a natural evolution of the project from its original approval. - Commented that good land use decisions take into account a variety of opportunities for use. MOTION: Motion by Council Member Diane McNutt to waive the reading of the zone change ordinance; to make the required findings supporting a zone change amendment; and to introduce the Ordinance to effectuate the zone change and to approve the application subject to the additional requirements in Attachment 6. Seconded by Council Member Barbara Spector. VOTE: Motion passed unanimously. OTHER BUSINESS There was no other business for this meeting. ADJOURNMENT The meeting adjourned at 8:20 p.m. in memory of Los Gatos resident and business owner, Dave Flick. Attest: /s/Mazarin A. Vakharia Clerk Administrator P a g e 8