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M10-02-061 MINUTES OF THE TOWN COUNCIL/PARKING AUTHORITY/REDEVELOPMENT AGENCY OCTOBER 2, 2006 The Town Council of the Town of Los Gatos conducted a Regular Meeting on Monday, October 2, 2006 at 7:00 P.M. MEETING CALLED TO ORDER ROLL CALL Present: Council Member Steve Glickman, Vice Mayor Joe Pirzynski, Council Member Barbara Spector, Council Member Mike Wasserman, and Mayor Diane McNutt. Absent: None. PLEDGE OF ALLEGIANCE - LED BY FUTURE LEADER Michael Guglielmo - 5th Grader from Alta Vista Elementary School, led the Pledge of Allegiance. The audience was invited to participate. CLOSED SESSION REPORT PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Government Code Section 54957) Title: Town Attorney Mr. Korb stated that direction was given and no action was taken. PRESENTATIONS/COMMENDATIONS MarLyn Rasmussen, retired Clerk Administrator, received a commendation from Mayor McNutt for serving the Town of Los Gatos as an Employee and Former Elected Official. Ms. Rasmussen commented on her years serving the Town of Los Gatos. 2 CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION) 1. Adopt resolution setting date (October 16, 2006) for consideration of reorganization of uninhabited area designated "Topping Way No. 4", approximately 0.633 acres located at 16622 Topping Way (APN: 532- 09-021). RESOLUTION 2006-107 2. PPW Job No. 0622 Civic Center Building Leak Repairs and Waterproofing Project 400- 0703 a.Adopt resolution accepting work of Taurus Roof Services, Inc, DBA Waterproofing Associates and authorizing the Town Manager to execute Certificate of Acceptance and Notice of Completion for recording by the Clerk Administrator. RESOLUTION 2006-108 b. Authorize budget adjustment of $3,732 to increase budget for Project 400-0703 to$113,732 c. Authorize budget transfer of $3,732 from Building Maintenance Fund Balance to Project 400-0703. 3. Adopt an ordinance of the Town of Los Gatos amending Town Code, Chapter 2, Article V, updating Section 2.50.131 concerning informal bid procedures on Public Works, and amending Town Code, Chapter 2, Article V, updating Section 2.50.140 concerning notice of formal bid procedure on Public Works. ORDINANCE 2151 TOWN COUNCIL/REDEVELOPMENT AGENCY 4. Approve Council/Agency minutes of September 18, 2006 MOTION: Motion by Council Member Steve Glickman to approve Consent Items #1-4. Seconded by Vice Mayor Joe Pirzynski. VOTE:Motion passed unanimously. 3 VERBAL COMMUNICATIONS Ms. Bernstein Commented regarding the P.G.& E. Company cutting down trees and leaving the wood in her backyard. Asked for help with her problem relating to the trees. Mr. Davis Commented against the proposed DeSantis home on Kennedy Road. Commented that the there are no story poles to represent the home. Mr. Jensen Commented regarding the public hearing with Last Call. Suggested a policy using a point system to reflect disturbance calls received by the Police Department, with cost recovery for police services required after a threshold is reached. Mr. Pirzynski asked to have the issue relating to point systems agendized for discussion at a future meeting. Mr. Wasserman agreed. Mr. Burke Commented on gas powered leaf blowers being used during Spare the Air days. Would the Town to get the word out to the community for Town wide participation during Spare the Air days. Closed Verbal Communication 4 PUBLIC HEARINGS 5. Consider a request to change a zone from RM: 5-12 to RM: 5 -12: PD for a seven lot residential subdivision and approval to demolish a single family residence and a 3-unit apartment building built prior to 1941. No significant environmental impacts have been identified as a result of this project and a Mitigated Negative Declaration is recommended. Planned Development Application PD-05-01, Architecture and Site Application S-05-015, Negative Declaration ND- 05-03 APN 529-16-021 and 045. Property location: 17005 and 17017 Roberts Road. Property owner: Khurram Iqbal Applicant: Donna and Louie Leu (continued from 9/18/06). Staff report made by Randy Tsuda, Assistant Director of Community Development OPEN PUBLIC HEARING Laura Worthington Forbes Commented regarding the agreement with the neighbors of the adjacent property relating to the transfer of ownership of a 3 foot path to allow access to the neighbors’ backyards. Commented regarding shortening the hammerhead turnaround between lots 5 and 6. Commented on relocating the two guest parking spaces. Commented on re-spacing lots 3, 4, 5 and 6 to add more open space. Commented regarding option “E” which would change the front of lots 1 and 2 to enhance the views. Commented on the comparison of the fence designs. Would like Council approval of option "D.” Council Comments Commented on the applicant’s generosity in granting a 3 foot easement to the neighboring homes. Clarification regarding a common area for options "D" and "E.” Clarification regarding the site plan "E" and the common open spaces. Clarification regarding a letter from the applicants dated September 25, 2006. 5 Item #5 Public Hearing Continued Mr. Davis Commented that he would like to see more open space as part of the design of the proposed project. Mr. Scott Commented on supporting the proposed development. Mr. Burke Commented on setting expectations for open space and design. Would like to see a better design along Blossom Hill Road. Commented against the use of sound walls and solid fencing. Asked to send proposed project back for redesign. Ms. Webb Commented on supporting the agreement with the applicant regarding the access path for the neighboring homes. Ms. Shan Commented on supporting the agreement with the applicant regarding the access path for the neighboring homes. Ms. Worthington-Forbes Commented that the sound wall will look more like a decorative fence. Commented regarding the condition of the property prior to their purchase. CLOSED PUBLIC HEARING Council Discussion Mr. Glickman asked for consensus to move forward with option "D.” No consensus at this time. Clarification from staff relating to the requirements of sound walls. Commented that in order to mitigate the noise levels a sound wall would be required. Commented on the design requirements for the proposed project. Commented regarding the reduction of the number of units. Questioned the issue of density pertaining to the homes. Questioned the appropriate amount of homes for the property, and would like to see the number of units reduced. Commended the applicant and the neighbors for resolving the issue relating to the easement. 6 Item #5 Public Hearing Council Discussion Continued Commented on the Town’s criteria for a planned development. Commented on the lack of open space relating to plan "D.” Commented regarding the Planning Commission’s 7-0 vote and would like to see the applicant address the Planning Commission’s concerns. Commented that the density of these homes does not promote good design. Commented regarding the General Plan's land use for single family homes. Commented regarding the Town’s Residential Standards. MOTION: Motion by Council Member Steve Glickman to make the negative declaration, make the required findings (Item #11, attachment 1 of the September 18, 2006 meeting) and to adopt the mitigation Monitoring Plan. Seconded by Council Member Mike Wasserman. VOTE:Vice Mayor Joe Pirzynski and Council Member Barbara Spector voted no. The other Council Members voted yes. Motion passed. MOTION: Motion by Council Member Steve Glickman to wave the reading of the Planned Development Ordinance. Seconded by Council Member Mike Wasserman. VOTE: Vice Mayor Joe Pirzynski and Council Member Barbara Spector voted no. The other Council Members voted yes. Motion passed. MOTION: Motion by Council Member Steve Glickman to introduce ordinance with the following changes to include: Attachment 14 of the September 28, 2006 staff report from Planning Commission. Add #17 to ordinance stating proposal reflected in exhibit A of letter dated September 23, 3006 (Attachment 13) must be finalized in a matter satisfactory to the Town Attorney. Seconded by Council Member Mike Wasserman. Vote: Vice Mayor Joe Pirzynski and Council Member Barbara Spector voted no. The other Council Members voted yes. Motion passed. 7 OTHER BUSINESS 6. Los Gatos Prepared Presentation on Earthquake Preparedness Mayor Diane McNutt proclaimed the month of October as Los Gatos Prepared month, and invited the community to participate in an evening of community preparedness on October 17, 2006. Staff report made by Chief Scott Seaman, Los Gatos-Monte Sereno Police Department. Presentation made by Sergeant Kerry Harris, Los Gatos-Monte Sereno Police Department. Commented regarding earthquake disaster kits. Commented on basic medicine and a good first aid kit along with shoes, protective equipment, a radio, family documents, cash, credit cards, and tools. Commented on checking one’s home for heavy items. Commented on identifying safety locations and exit routes. Commented on family education and communication. Council Comments Questioned the use of cell phones in a disaster. Asked Mr. Harris to give an update relating to the CERT Program. Commented regarding the October 17, 2006 Los Gatos Prepared night, and stated more information could be obtained at www.losgatosprepared.com. Opened Public Comment Ms. West Commented on her experience with the CERT training course she had recently completed. Mr. Seaman introduced Jim Yokes, Santa Clara County Fire Department. He has joined staff and CERT to help plan the emergency preparedness plans for the Town. Closed Public Comment 8 COUNCIL/TOWN MANAGER REPORTS 7. Council Matters Mrs. Spector Updated Council and the community regarding environmental challenges and has looked to Sustainable Silicon Valley (SSV) for resources relating to the issue. Requested to agendize a report and discussion from Sustainable Silicon Valley (SSV) relating to steps which could be taken at the local level. Mr. Wasserman and Mr. Pirzynski supported the issue. Mrs. McNutt Suggested timing the report with the Council Retreat. 8. Manager Matters None this evening. ADJOURNMENT Attest: Jackie D. Rose, Deputy Clerk