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M05-02-05TOWN OF LOS GATOS Council/Agency Meeting CALIFORNIA Date: 05/16/2005 TOWN COUNCIL/PARKING AUTHORITY JOINT REDEVELOPMENT AGENCY Item#_________ MAY 2, 2005/MINUTES Los Gatos Civic Center 110 E. Main Street Los Gatos, CA 95030 TIME ITEM ACTION ON ITEM 7:00 PM TOWN COUNCIL The Town Council/Parking Authority/Redevelopment Agency of the Town of Los Gatos met in the Council Chambers of the Town of Hall, 110 East Main Street, at 7:00 PM, May 2, 2005, in a joint regular session. 7:01 PM ROLL CALL Present: Steve Glickman, Diane McNutt, Joe Pirzynski, Barbara Spector, and Mayor/Chairman Mike Wasserman Absent: None 7:02 PM PLEDGE OF ALLEGIANCE The audience was invited to participate in the Pledge of Allegiance. 7:03 PM CLOSED SESSION No closed session to report. 7:04 PM COMMENDATION Community/Business Recognition Nick Baggarly, Executive Director (LONGITUDE) Expedition Leader – Drive Around the World Organization. Mayor Wasserman presented the commendation to Mr. Baggarly at tonight’s meeting. Mr. Baggarly thanked all who where involved with the expedition and commented that the funds raised went to support the Parkinson’s Disease Research Foundation. 7:08 PM CONSENT ITEMS #1-13 CONSENT ITEMS TOWN COUNCIL 1. Accept Schedule of Public Hearings. (1-28) 2. Ratify Payroll for the period of March 27 – April 9, 2005 paid on April 15, 2005. (2-V) 3. Ratify accounts payable for April, 2005. (3-V) 4. Accept treasurer’s report of February and March, 2005. (4-2) 5. Approve Council Study Session minutes of April 18, 2005. Town Council Minutes May 16, 2005 Redevelopment Agency Los Gatos, California 3/25/2019 1:11 PM Page 2 of 11 E:\uploadedFiles\d4ade5f12b93c12191acdf19b7f7d67-1c6bcaecb5e5ede\p1d6r0onkn1p8f16cue2aaim11dg16.doc #1-13 Continued 6. Adopt a resolution to create a Bicycle Advisory Committee comprised of one member of the Transportation and Parking Commission, Parks Commission, and Youth Commission. (6-12) RESOLUTION 2005-039 7. Hazardous Vegetation (Brush) (7-33) a. Adopt resolution declaring hazardous vegetation (brush) a public nuisance and providing for their abatement. RESOLUTION 2005-040 b. Set June 20, 2005 as a public hearing on this annual program. 8. Project 0426 – Fiscal Year 2004/05 – Retaining Wall Replacement (8-24) Adopt resolution approving plans and specifications for the Retaining Wall Replacement Program and authorizing staff to advertise the project for bids. RESOLUTION 2005-041 9. Project 0439 – Fiscal Year 2004/05 – CDBG Funded ADA Improvements (9-39) Adopt resolution approving plans and specifications for ADA crosswalk improvements and authorizing staff to advertise the project for bids. RESOLUTION 2005-042 10. Adopt ordinance of the Town of Los Gatos amending Division 1 of Article III of Chapter 2 of the Los Gatos Town Code (Section 2.30.020) to designate the Mayor or Vice-Mayor to approve payroll or attendance records of all Council-appointed employees and elected officials of the Town Council. ORDINANCE 2142 (10-29) 11. Adopt an ordinance amending Town Code Section 29.20.200 (Conditional Use Modification). ORDINANCE 2143 (11-37) REDEVELOPMENT AGENCY 12. Ratify accounts payable for April, 2005. (12-V) Motion by Mr. Glickman to approve Consent Items #1-12. Seconded by Mr. Pirzynski. 7:09 PM MAYOR CALLED THE QUESTION Items #1-10, and 12 carried unanimously. Item #11 carried 4/1. Mrs. Spector voting no. CONSENT ITEMS # 1-13 TOWN COUNCIL/REDEVELOPMENT AGENCY Town Council Minutes May 16, 2005 Redevelopment Agency Los Gatos, California 3/25/2019 1:11 PM Page 3 of 11 E:\uploadedFiles\d4ade5f12b93c12191acdf19b7f7d67-1c6bcaecb5e5ede\p1d6r0onkn1p8f16cue2aaim11dg16.doc Continued PULLED ITEM# 13 13. Approve Council/Agency minutes of April 18, 2005 Mr. Davis Commented against action only minutes and submitted minutes from the City of Monte Sereno as an example of what he would like. Motion by Mr. Pirzynski to approve Consent Item #13. Seconded by Mr. Glickman. 7:13 PM MAYOR CALLED THE QUESTION Carried unanimously. 7:14 PM VERBAL COMMUNICATION VERBAL COMMUNICATION Continued Mr. Davis Commented on being removed from the April 18, 2005 Town Council Meeting. Commented that trees along Shannon Road are too close to the road and would like to see money put into making Shannon Road a safer route to avoid traffic accidents such as the recent one that killed a Los Gatos teen. Mayor Wasserman Responded that Mr. Davis was asked to leave because he violated Town Code relating to conduct at public meetings. Mr. Seaman, Chief of Police Commented that the investigation concluded that the accident was caused by speed. Mr. Caras Asked how he could get involved to generate business in Los Gatos and to his shop. Mrs. Cosgrove Commented on the certification of records and accessibility to review and certify the documents. Commented on the duties of the Elected Town Clerk. Suggested making all records for the Elected Clerk available at Council Meetings for her review. Mr. Korb, Town Attorney Repeated that all the material requested by the Elected Clerk is available at Town Hall for her review. Mr. Medalie Updated Council on the golf balls falling on his property on Town Council Minutes May 16, 2005 Redevelopment Agency Los Gatos, California 3/25/2019 1:11 PM Page 4 of 11 E:\uploadedFiles\d4ade5f12b93c12191acdf19b7f7d67-1c6bcaecb5e5ede\p1d6r0onkn1p8f16cue2aaim11dg16.doc Wedgewood Drive. Commented on the absence of required signs at La Rinconada Driving Range. Asked for support from Council to ensure La Rinconada follows through with their obligations. Ms. Reynolds Commented on the sidewalk progress on Wedgewood Drive. Questioned the communication between the immediate neighbors and the Town and asked how they could get more involved with the design process of the sidewalks in their area. 7:30 PM CLOSED VERBAL COMMUNICATION 7:31 PM OTHER BUSINESS ITEM #14 UPDATE AND DIRECTION ON THE ROBERTS ROAD BRIDGE CLOSING. TOWN COUNCIL ITEM #14 Review updated report on the Roberts Road Bridge closing and provide direction on the available options (14-33) a. Adopt resolution closing Roberts Road Bridge to vehicular traffic, or RESOLUTION 2005-043 b. Repair and rehabilitate the existing structure, or c. Replace the existing structure. Staff report made by John Curtis. 7:43 PM COUNCIL COMMENT Clarification regarding the cost between repairing Roberts Road Bridge and replacing the bridge. Questioned if the Town would have control of design if the bridge was to be replaced. Clarification on the improvements for the sight distance problem regarding the existing bridge verses a new bridge. Clarification on the 12-ton limit for the bridge and safety issues regarding the load limit. Commented on preserving the history of the bridge. Questioned if Cal Trans will have funds available to replace the bridge in future years. Questioned pedestrian traffic and the time frame relating to option #1. Questioned if complete removal of the bridge was an option. 7:57 PM OPEN PUBLIC COMMENT Ms. Lamborn Commented that Roberts Road is very narrow and she would like to see it remain closed to vehicles. Town Council Minutes May 16, 2005 Redevelopment Agency Los Gatos, California 3/25/2019 1:11 PM Page 5 of 11 E:\uploadedFiles\d4ade5f12b93c12191acdf19b7f7d67-1c6bcaecb5e5ede\p1d6r0onkn1p8f16cue2aaim11dg16.doc Ms. Jordan Commented that the existing bridge could be open to vehicles and light truck traffic with minimal impact to the structure. Would like to see the money spent to build a new bridge while Cal Trans has funds available for the project. Questioned if the issues regarding the bridge are seismic issues or foundation issues. Ms. Decker Commented on the history of Los Gatos and the Roberts Road Bridge. Mr. Jeans Suggested installing a height pole to control and deter the larger load traffic. Ms. Barela Supports the replacement of the bridge. Mr. Smedt Supports the replacement of the bridge. Ms. Gavin Commented that the Ohlone Court neighbors would like to see the bridge re-opened. Stated that on busy park days it is very difficult to get in and out of the neighborhood. Mr. Littman Supports the replacement of the bridge. Mr. Davis Commented on the engineer study done on the bridge and supports the replacement of the bridge. 8:18 PM CLOSE PUBLIC COMMENT 8:19 PM COUNCIL DISCUSSION Clarification regarding option #3 relating to the physical requirements imposed by Cal Trans for the project. Questioned the number of lanes if bridge is replaced Commented on the historic value of the Roberts Road Bridge and Town Council Minutes May 16, 2005 Redevelopment Agency Los Gatos, California 3/25/2019 1:11 PM Page 6 of 11 E:\uploadedFiles\d4ade5f12b93c12191acdf19b7f7d67-1c6bcaecb5e5ede\p1d6r0onkn1p8f16cue2aaim11dg16.doc would like to see the bridge restored rather than lose the history. Suggested funding from historic preservation grants to restore the bridge. Clarification on Cal Trans “one time only” funding for the bridge. Commented that the Town will always have options available if changes need to be made. Suggested beautification ideas if the bridge is to remain closed. Motion by Mrs. McNutt to adopt resolution closing Roberts Road Bridge to vehicular traffic. Seconded by Mrs. Spector. 8:47 PM MAYOR CALLED THE QUESTION Carried 3/2. Mr. Glickman and Mr. Wasserman voting no. 8:48 PM BREAK Meeting resumed at 8:54 pm. 8:54 PM PUBLIC HEARING ITEM #15 CONSIDER AN APPEAL OF A PLANNING COMMISSION DECISION 107 DRYSDALE DRIVE ITEM #15 (15-15) Consider an appeal of a Planning Commission decision denying approval to construct a single family residence on property zoned HR-1. No significant environmental impacts have been identified and a Negative declaration is recommended. Architecture and site application S-05-016. Negative Declaration: ND-05-05. Property location: 107 Drysdale Drive. Property owner/applicant/appellant: Howell & McNeil Development, LLC. Staff report made by Bud Lortz. 8:57 PM COUNCIL COMMENT Questioned the grading issues if the house was reduced in length. Requested clarification regarding the Planning Commission decision. Clarification regarding the “Least Restrictive Development Area.” Commented on the three dimensional model which presented a better overview of the project. Questioned stepping the home down the hill. 9:02 PM ITEM #15 Continued APPLICANT/ Chris Spaulding, Architect Stated that moving or stepping the home more would block the neighbors view. Commented that they wanted to stay within the Hillside Guidelines. Town Council Minutes May 16, 2005 Redevelopment Agency Los Gatos, California 3/25/2019 1:11 PM Page 7 of 11 E:\uploadedFiles\d4ade5f12b93c12191acdf19b7f7d67-1c6bcaecb5e5ede\p1d6r0onkn1p8f16cue2aaim11dg16.doc APPELLANT PRESENTATION Moving the home to the east would make the project more visible to the neighbors and Shannon Road. Commented that a vehicle turn-around would exceed the retaining wall limits, but the neighbors and owner of the property would like to add the turn around. Commented on adding more trees to hide the home. Stated that the roof line has some articulation in current design. 9:11 PM OPEN PUBLIC COMMENT Larry Turner Commented on vehicle parking during construction. Would like to see the roof blend into the environment. Supports request to add a vehicle turn around. Commented on water protection in case of fires. Dr. Pham Commented on the proposed home blocking his view. Commented on proposed landslides in case of an earthquake. Sterling Hou Supports the turn around on the property. Commented on grading and blending the home with the environment. Would like to send the design back to Planning Commission. Lynn Waters Commented that the home would be one of the largest homes in this hillside area. Commented on the roof lines impairing the neighbors view. Asked if the home could blend more into the environment. Mr. Davis Commented on the story poles and the view of the home from a down slope perspective. 9:30 PM CLOSE PUBLIC COMMENT 9:32 PM ITEM #15 Continued APPLICANT/ APPELLANT CONCLUSION Mr. Spalding, Architect Explained the similarity of the home to others in the neighborhood that follow the contours of the topography. Town Council Minutes May 16, 2005 Redevelopment Agency Los Gatos, California 3/25/2019 1:11 PM Page 8 of 11 E:\uploadedFiles\d4ade5f12b93c12191acdf19b7f7d67-1c6bcaecb5e5ede\p1d6r0onkn1p8f16cue2aaim11dg16.doc 9:33 PM COUNCIL DISCUSSION Discussed the conditions suggested by staff which would include: 1. Add a vehicle turn around on the property. 2. Soften flat wall on the north end of home by breaking it up to match the design on the south end. 3. Provide increased articulation in the roof. Suggested sending the project back to Planning Commission. Commented on the mutual water district and the needs of the neighbors. Suggested that staff engage in dialogue with neighbors and San Jose Water to resolve concerns. Commented that breaking up the roof line would be more consistent with the Hillside Plan. Clarification on the cut and fill issues. Commented that the roof did appear to have articulation. Motion by Mr. Wasserman to grant appeal of the Planning Commission decision denying approval to construct a single family residence on property zoned HR-1. No significant environmental impacts have been identified and a Negative declaration is recommended. Architecture and site application S- 05-016. Negative Declaration: ND-05-05. With the findings that new information was submitted to the Council during the appeal process that was not readily and reasonably available for submission to the Commission, and that said information has a minimal effect on the application. Conditions to include: 1. Add a vehicle turn around on the property. 2. Soften north end of home by breaking up the north and west elevations of home to match the design on the south end. 3. Approval of exceptions as necessary to allow additional grading to reduce the mass of the home. Seconded by Mr. Glickman. 10:09 PM MAYOR CALLED THE QUESTION Carried 4/1. Mrs Spector voting no. 10:12 PM ITEM #16 CONSIDER AN APPEAL OF A PLANNING COMMISSION DECISION ITEM #16 (16-15) Consider an appeal of a Planning Commission decision denying a request to construct a second story addition to a single family residence that will result in a home that exceeds the floor area ration on property zoned HR-21/2. APN: 527-55-036. Architecture and Site Application: S-05-017. Property location: 310 Santa Rosa Drive. Property owner/appellant: John Versgrove. Town Council Minutes May 16, 2005 Redevelopment Agency Los Gatos, California 3/25/2019 1:11 PM Page 9 of 11 E:\uploadedFiles\d4ade5f12b93c12191acdf19b7f7d67-1c6bcaecb5e5ede\p1d6r0onkn1p8f16cue2aaim11dg16.doc 310 SANTA ROSA DRIVE Staff report made by Bud Lortz. 10:16 PM COUNCIL COMMENT Clarification on the Planning Commission concerns regarding outline and the increased roof line of the home. Questioned if the balcony was removed would that reduce square footage. Clarification on minimum building codes regarding ventilation, egress, and light factors. 10:21 PM APPLICANT/ APPELLANT PRESENTATION Tony Jeans, Architect Commented on exceeding the Floor Area Ratio (FAR). Commented on stone and slate verses stucco or wood for the exterior. Stated that the courtyard can not be seen. Questioned when it would be appropriate to exceed 6,000 square feet. Commented on the attic space being converted to living space, and asked for consideration since the additional space is not visible. 10:42 PM OPEN/CLOSE PUBLIC COMMENT No one spoke to this item. 10:43 PM APPLICANT/ APPELLANT CONCLUSION Tony Jeans, Architect Requested Council give Planning Commission guidance if they returned the application to Planning Commission. 10:44 PM COUNCIL DISCUSSION ITEM #16 Continued COUNCIL DISCUSSION Questioned 26 square foot addition downstairs. Commented on the exterior materials proposed, and asked for clarification on the changes that have been requested by owner. Discussed the Hillside Guidelines and ramifications of exceeding the square footage limits. Questioned policies relating to remodeling pre-existing, large homes. Suggested exploring additional options to accomplish the applicant’s goals. Questioned if applicant would meet requirements if square footage was reduced. Questioned if applicant would be amenable to the use of stone or slate instead of stucco. Commented that square footage should be more in line with the neighboring homes. Discussed if re-design should be made at the Planning Commission level. Town Council Minutes May 16, 2005 Redevelopment Agency Los Gatos, California 3/25/2019 1:11 PM Page 10 of 11 E:\uploadedFiles\d4ade5f12b93c12191acdf19b7f7d67-1c6bcaecb5e5ede\p1d6r0onkn1p8f16cue2aaim11dg16.doc Motion by Mrs. McNutt to uphold the Planning Commissions decision. Seconded by Mr. Pirzynski. 10:58 PM MAYOR CALLED THE QUESTION Motion failed 2/3. Mrs. Spector, Mr. Glickman and Mr. Wasserman voting no. 10:59 PM MAYOR ASKED FOR MOTION TO EXTEND MEETING Motion by Mr. Wasserman to extend meeting past 11:00 PM. Seconded by Mr. Glickman. 11:01 PM MAYOR CALLED THE QUESTION Carried unanimously. 11:15 PM Motion by Mr. Glickman to grant appeal of the Planning Commissions decision denying a request to construct a second story addition to a single family residence that will result in a home that exceeds the floor area ration on property zoned HR-21/2. APN: 527-55-036. Architecture and Site Application: S-05-017. With the finding that an issue or policy over which the Commission did not have discretion to modify or address, but which is vested in the Council for modification or decision, applicant to make the changes as recommended by additional conditions: 1. Applicant will be required to do all suggestions offered in visible mass table. 2. Applicant will be limited to minimum building code requirements for egress, ventilation, and light. 3. Building requirements include stone and slate. 4. Total floor area shall not exceed 7500 square feet. Seconded by Mr. Wasserman. 11:24 PM MAYOR CALLED THE QUESTION Carried 3/2. Mr. Pirzynski and Mrs. McNutt voting no. 11:25 PM ITEM #17 COUNCIL MATTERS ITEM #17 (17-28) Mr. Wasserman announced the “community unity” website. 11:26 PM ITEM #18 MANAGER MATTERS ITEM #18 (18-12) None. 11:27 PM MEETING ADJOURNED Town Council Minutes May 16, 2005 Redevelopment Agency Los Gatos, California 3/25/2019 1:11 PM Page 11 of 11 E:\uploadedFiles\d4ade5f12b93c12191acdf19b7f7d67-1c6bcaecb5e5ede\p1d6r0onkn1p8f16cue2aaim11dg16.doc Submitted by: Attest: Jackie D. Rose, Deputy Clerk MarLyn J. Rasmussen, Clerk Administrator Secretary to the Redevelopment Agency