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M01-16-07 1 MINUTES OF THE TOWN COUNCIL/PARKING AUTHORITY/REDEVELOPMENT AGENCY JANUARY 16, 2007 The Town Council of the Town of Los Gatos conducted a Regular Meeting on Tuesday, January 16, 2007 at 7:00 P.M. TOWN COUNCIL/PARKING AUTHORITY/ REDEVELOPMENT AGENCY MEETING CALLED TO ORDER ROLL CALL Present: Mayor Joe Pirzynski, Vice Mayor Barbara Spector, Council Member Steve Glickman, Council Member Diane McNutt, and Council Member Mike Wasserman. Absent: None. PLEDGE OF ALLEGIANCE - LED BY FUTURE LEADER Christina Chiocchi, 6th grader from Fisher Middle School led the Pledge of Allegiance. The audience was invited to participate. CLOSED SESSION REPORT CONFERENCE WITH LABOR NEGOTIATOR (Government Code Section 54957.6) Town Negotiator (Lead): Rumi Portillo, Human Resources Director Employee Organization: Town Employees’ Association (TEA) Mr. Korb stated that direction was given and no action was taken. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION (Government Code Section 54956.9[b]) Threat of Closure of Olde Drive Mr. Korb stated that direction was given and no action was taken. 2 PRESENTATIONS Commendations for Outgoing Board/Commission/Committee Members. Ms. Machado, Ms. Scheiner, Mr. DuCharme, Mr. Cartmill, Ms. Jones, and Mr. Errico were not available to attend this evening’s meeting to receive commendations for their dedicated service to the Town of Los Gatos. Mayor Joe Pirzynski presented commendations to Ms. White, Ms. Entin, Ms. Huber, Ms. Lane, Ms. Piasecki, for their years of dedicated service to the Town of Los Gatos. Mayor Joe Pirzynski presented special commendations to Kathryn Cusick, Library Board, and Lee Quintana, Planning Commission, for their many years of dedicated service to the Town of Los Gatos. TOWN COUNCIL Mayor Joe Pirzynski welcomed Bud Lortz, Community Development Director, back to work. CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION) 1. Accept Staff Recommendations on County Referrals a. Projects Outside Urban Service Area: None b. Projects Inside Urban Service Area: 15791 Loma Vista Avenue c. Status of Previous Applications: None 2. Ratify payroll for the month of December 2006 3. Ratify accounts payable for the month of December 2006 4. Accept Treasurer’s Report for November and December 2006 5. Authorize the Town Manager to accept a $2,500 grant form Pacific Gas and Electric Company to the Town of Los Gatos to be used to support the Community Unity Effort in Los Gatos 6. Adopt resolution authorizing the Town Manager to negotiate and execute an amendment to an agreement with KCAT 15 to cablecast Planning Commission meetings for an additional amount not to exceed $20,000. RESOLUTION 2007-001 3 Consent Items Continued 7. Adopt resolution authorizing the Town Manager to enter into an agreement with the City of Campbell Police Department to formalize the creation of a regionalized special weapons and tactics (SWAT) and hostage negotiations team (HNT) and to authorize staff to execute future amendments and agreements. RESOLUTION 2007-002 8. Adopt resolution amending agreement between the Town of Los Gatos and the Town Attorney and authorizing the Mayor to sign amendment on behalf of the Town of Los Gatos. RESOLUTION 2007-003 9. Adopt resolution amending agreement between the Town of Los Gatos and the Town Manager and authorizing the Mayor to sign amendment on behalf of the Town of Los Gatos. RESOLUTION 2007-004 10. Adopt resolution granting an appeal of a Planning Commission decision denying a request to operate a restaurant in conjunction with retail sales (Powell’s Sweet Shoppe) on property zoned C-2. Conditional Use Permit U-07-4. APN 510-44-032. Property location: 35 N. Santa Cruz Avenue. Property owner: Richie Asset Management Co. Applicant/appellant: Knott Family Restaurant/Neil Knott RESOLUTION 2007-005 11. 16961 Placer Oaks - Property owner: Howell and McNeil Development. Applicant/appellant: Greg Howell a. Adopt resolution granting an appeal of the Planning Commission decision to grant an appeal denying a two lot subdivision (lot line adjustment) on property zoned R-1:8. Subdivision Application M-06- 01. b. Adopt resolution granting an appeal of the Planning Commission decision to grant an appeal denying demolition of a single family residence and construction of two new residences on property zoned R-1:8. Architecture and Site Application S-06- 016 (Lot #1); Architecture and Site Application S-06-17 (Lot #2) 4 Consent Items Continued 12. Project (410-0601) - PPW Job No.05-09 - Award of Construction Contract for College Avenue Walkway Repair and Resurfacing a. Adopt resolution declaring Duran and Venables, Incorporated to be the lowest responsible bidder on the project and awarding a construction contract in the amount of $48,882 RESOLUTION 2007-006 b. Authorize staff to issue change orders to the construction contract up to an amount of $ 5,000 13. Project 410-0724 (PPW Job No. 03-55) Award of Construction Contract for Oak Meadow Park Restroom Facility Repairs a. Adopt resolution declaring Alliance Roofing Company to be the lowest responsible bidder on the project and awarding a construction contract in the amount of $21,195. RESOLUTION 2007-007 b. Authorize staff to issue change orders to the construction contract up to an amount of $3,000 14. Project (0608) - PPW Job No. 04-60 Balzer Field Restroom Remodel and Expansion a. Adopt resolution approving plans and specifications for the Balzer Field Restroom Remodel and Expansion project and authorize staff to advertise the project for bid. RESOLUTION 2007-008 b. Authorize budget revenue adjustments as follows for the Balzer Field Restroom Remodel and Expansion project (0608): (1) $11,174 in state proposition 12 park bond funds (2) $6,900 from reserve for future year’s capital projects fund (3) Up to $6,926 from operating program budgets 5050 and 3140 for staff labor and equipment c. Authorize project budget expenditure adjustment of $25,000 for the Balzer Field Restroom Remodel and Expansion project (410-0608) 5 Consent Items Continued REDEVELOPMENT AGENCY 15. Ratify accounts payable for December 2006 TOWN COUNCIL/REDEVELOPMENT AGENCY 16. Approve Council/Agency minutes of December 18, 2006 Consent Item #11 was pulled by Ms. Greene MOTION: Motion by Council Member Steve Glickman to approve Consent Items #1-10, and #12-16. Seconded by Vice Mayor Barbara Spector. VOTE: Consent Items #1-7, #9, #10 and #12-16 passed unanimously. Consent Item #8 passed 4/1 with Council Member Steve Glickman voting no. Mayor Joe Pirzynski commented on the process regarding the pulled Consent Item #11. Mr. Korb clarified the process relating to pulled Consent Item #11. PULLED CONSENT ITEMS 11. 16961 Placer Oaks - Property owner: Howell and McNeil Development. Applicant/appellant: Greg Howell a. Adopt resolution granting an appeal of the Planning Commission decision to grant an appeal denying a two lot subdivision (lot line adjustment) on property zoned R-1:8. Subdivision Application M-06- 01. b. Adopt resolution granting an appeal of the Planning Commission decision to grant an appeal denying demolition of a single family residence and construction of two new residences on property zoned R-1:8. Architecture and Site Application S-06- 016 (Lot #1); Architecture and Site Application S-06-17 (Lot #2). 6 Pulled Consent Item #11 Continued Ms. Greene  Requested reconsideration of the decision made at the December 18, 2006 Town Council meeting relating to 16961 Placer Oaks. Mayor Joe Pirzynski  Asked if there was Council support to reagendize Item # 11.  Council Member Spector showed support to reagendize the item. Mr. Davis was given a first warning for disrupting the meeting. Mr. Greene  Commented regarding reconsideration of the decision made by Council at the December 18, 2006 Town Council meeting. Ms. North  Requested that the developers of 16961 Placer Oaks be responsible for trimming the tree roots to her fence line to avoid further problems in her backyard. Mr. Argello  Commented on supporting the request for reconsideration of the Council decision made at the December 18, 2006 Town Council meeting. Mr. Davis  Commented regarding his freedom to speak.  Commented regarding the previous decision made by Council relating to this item. Mayor Joe Pirzynski asked if any Council Members were interested in re- agendizing Item #11. Council Member Spector and Council Member Wasserman showed support to reagendize Item #11. Council Comments  Commented regarding new facts relating to 16961 Placer Oaks which are significant to allow reconsideration.  Commented regarding the height of the single story home. Mr. Korb clarified the process to reagendize Item #11. Consensus by two Council Members to request that staff reagendize Item #11 16961 Placer Oaks. Staff will schedule this issue as the calendar permits. 7 VERBAL COMMUNICATIONS Mr. Dallas  Commented regarding the new Los Gatos Observer available online. Mr. Davis  Commented regarding his views relating to honesty and integrity. Closed Verbal Communication. PUBLIC HEARINGS 17. Abatement of Hazardous Vegetation (Weeds) Adopt resolution ordering abatement of hazardous vegetation (weeds) RESOLUTION 2007-009 Staff report made by Mr. Rohani, Interim Parks and Public Works Director Open/Close Public Hearing MOTION: Motion by Vice Mayor Barbara Spector to adopt resolution ordering abatement of hazardous vegetation (weeds). Seconded by Council Member Steve Glickman. VOTE: Motion passed unanimously. 18. Consider an appeal of a Planning Commission decision denying modification of an approved Architecture & Site application relating to grading and landscape improvements on property zoned HR-2½. APN 537-24-013. Architecture and Site Application S-06-066 Property location: 15350 Suview Drive. Property owner/applicant/appellant: Charles Hackett (continued from 10/16/2006) Council Member Spector recused from Item #18 due to her acquaintance with the Hackett family and any perceived conflict of interest. Staff report made by Mr. Lortz, Director of Community Development. Open Public Hearing. Mr. Killian, Attorney for the applicant/appellant  Commented that they are in agreement regarding the statements within the staff report. 8 Public Hearing Continued – Item #18 Mr. Bedouin, Landscape architect.  Commented regarding the quality of the finished product.  Commented regarding the Hillside Standards relating to the stucco fences.  Commented on supporting the widening of the proposed driveway.  Commented regarding shrubs to absorb water and prevent erosion.  Commented regarding the proposed pergola, and stated that the neighbors are in support of the pergola.  Commented regarding the change relating to the wall shift to reduce erosion. Mr. Bondonno  Commented regarding the concerns of the retaining wall channeling water onto the private road.  Commented regarding his neighbor’s view shed. Mr. Gorovitz  Expressed concern regarding lack of permit approval.  Commented that the Town’s procedures should have been followed.  Commented regarding the differing levels of retaining walls along his property.  Commented regarding the pergola which blocks his view shed. Mr. Felix  Commented regarding the stucco fence which borders his property.  Commented on supporting the proposed project. Mr. Davis  Commented regarding the definition of a retaining wall versus a fence.  Commented that rules must apply to all applicants.  Commented regarding view shed issues in relation to descriptions from the General Plan. Mr. Killian, Attorney for the Applicant/appellant  Commented regarding the view shed from the pergola.  Commented regarding the neighbors privacy issues and stated that they support the pergola.  Commented that the fence was approved sometime ago and should not be an issue before Council this evening.  Suggested sending back to the Planning Commission only issues that need more review. 9 Closed Public Hearing Council Discussion  Questioned which of the neighbor’s views are impacted by the pergola.  Questioned concerns relating to drainage and storm water run-off from the project.  Clarification regarding a retaining wall versus a fence.  Commented on the process to grant an appeal.  Suggested that new information has come forward to support granting the appeal.  Clarification regarding the drainage concerns and requested that staff look into the issue.  Clarification regarding rules and regulations relating to construction without a permit. Mr. Rohani, Interim Director of Parks and Public Works  Commented regarding the view shed issues with the pergola and vegetation which blocks the views of the valley. MOTION: Motion by Council Member Diane McNutt to grant an appeal of a Planning Commission decision denying modification of an approved Architecture & Site application relating to grading and landscape improvements on property located at 15350 Suview Drive, and to return modifications to the Planning Commission for review. Seconded by Council Member Steve Glickman. Mr. Korb clarified the process for rules relating to construction without permits. Council Discussion – Continued  Commented on addressing the issues at the Planning Commission level.  Commented regarding the issue relating to the Hillside Standards and the pergola.  Questioned the direct view of the pergola from the neighbor's home. VOTE: Motion passed 4/0. Council Member Barbara Spector recused. Council Member Barbara Spector returned to her seat. 10 Public Hearings Continued 19. Consider an appeal of a Planning Commission decision denying a request to construct an addition that exceeds the allowable floor area ratio on property zoned R-1:8. APN 523-12-039. Architecture and Site Application S-02-33. Property Location: 980 Cherrystone Drive. Property owner/appellant: Joan Hinkin Staff report made by Mr. Lortz, Director of Community Development. Open Public Hearing Ms. Hinkin, Appellant  Commented on addressing the water damage issues with her home.  Commented regarding the neighbor’s concerns relating to a two-story fence.  Commented regarding the larger size homes in the neighborhood.  Commented regarding the rumors relating to opening an adult care facility at the home.  Commented regarding the goals for the proposed application relating to alternative energy.  Commented that she would like to accommodate her large family when they visit. Council Comments  Questioned the flood issues relating to her current home.  Questioned the General Plan and neighborhood compatibility.  Commented regarding the proposed FAR verses the FAR of other homes in the neighborhood.  Would like to hear why the applicant’s proposed application exceeds the FAR guidelines. Ms. Schwartz  Commented regarding the square footage of their home.  Would like to see the current application sent back for re-design. Mr. Davis  Commented regarding permitting applications which exceed the FAR guidelines. Mr. Reinhold  Commented regarding the impact of views from their backyard. 11 Public Hearing Item #19 Continued Ms. Hinkin, Applicant  Questioned why the FAR guidelines were reduced in Los Gatos.  Commented on compromising with the neighbors.  Commented on privacy values relating to the neighboring backyards. Closed Public Hearing Council Discussion  Commented on concerns relating to the square footage of the cellar.  Commented regarding the total square footage of the proposed home. MOTION: Motion by Council Member Diane McNutt to uphold an appeal of a Planning Commission decision denying a request to construct an addition that exceeds the allowable floor area ratio on property zoned R-1:8. APN 523-12-039. Architecture and Site Application S-02-33. Property Location: 980 Cherrystone Drive. Property owner/appellant: Joan Hinkin Seconded by Council Member Mike Wasserman. Council Discussion – Continued  Commented on concerns regarding the application exceeding the FAR.  Commented on neighborhood compatibility.  Commented that there has been no desire to reduce significantly the square footage by the applicant.  Suggested that applicant revisit the plans to reduce the mass of the home.  Commented that the mass cannot be justified within the neighborhood.  Commented that the intent of the basement policy was to reduce the mass. VOTE: Motion passed unanimously. OTHER BUSINESS None this evening. 12 COUNCIL/TOWN MANAGER REPORTS 20. Council Matters Jewish Community Center Health Fair - Saturday, February 3-Wednesday, February 7  Commented regarding the focus on emergency preparedness issues at the Jewish Community Center Health fair. Consensus to help promote the Jewish Community Center Health Fair. Mayor Joe Pirzynski  Commented regarding the San Jose Water Company logging issues and asked for clarification relating to the Town’s jurisdiction.  Commented on issues which have come forward relating to the potential for landslides and fire.  Requested that Council Member Diane McNutt and Mayor Joe Pirzynski continue to monitor the issues relating to the logging.  Commented that studies are being conducted and documentation is coming forward to inform the Council’s position. Council Comments  Clarified that the documents that are coming forward are being monitored by several agencies.  Questioned a case from Santa Cruz County which gave the county rights to impose logging restrictions.  Commented regarding consultant reports relating to environmental impacts.  Suggested that staff engage in directing any new information to Council.  Consensus was given to direct staff to compose a letter to San Jose Water and Neighbors Against Irresponsible Logging (NAIL) relating to the logging issues. Ms. Figone clarified that Geier and Geier has been retained as the environmental forestry consultant for the Town. Mayor Joe Pirzynski  Mayor Joe Pirzynski suggested that Council Member Mike Wasserman, appointee to the Santa Clara Valley Water Commission keep the Council abreast on issues relating to the logging. 13 Council Matters Continued Mr. Glickman  Commented regarding the Council retreats and suggested that the retreats be held in the Council Chambers where the meetings are televised. Mr. Wasserman  Commented on the process relating to the annual Council retreat.  Reminded the audience that the retreat is open to the public and that no action is taken during the meeting. Council Member McNutt  Commented on the fund raising events relating to the fire at the Los Gatos High School Girls Softball shed.  Requested that staff work with the softball team to assist with the fundraiser. Mr. Wasserman  Commented regarding the fire at the Field Hockey shed a few months ago.  Would like to see the Town and community help the softball team in any way they can. 21. Manager Matters Ms. Figone, Town Manager  Clarified that consensus was given to direct staff to compose a letter to San Jose Water and Neighbors Against Irresponsible Logging (NAIL) relating to the logging issues. ADJOURNMENT Attest: Jackie D. Rose, Clerk Administrator