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M05-05-081 MINUTES OF THE TOWN COUNCIL/PARKING AUTHORITY/REDEVELOPMENT AGENCY MAY 5, 2008 The Town Council of the Town of Los Gatos conducted a Regular Meeting on Monday, May 5, 2008 at 7:00 P.M. TOWN COUNCIL/PARKING AUTHORITY/REDEVELOPMENT AGENCY MEETING CALLED TO ORDER - 7:00 P.M. ROLL CALL Present: Mayor Barbara Spector, Vice Mayor Mike Wasserman, Council Member Steve Glickman, Council Member Diane McNutt, and Council Member Joe Pirzynski. Absent: None. PLEDGE OF ALLEGIANCE - LED BY FUTURE LEADER Brownie Troop 1274 led the Pledge of Allegiance. The audience was invited to participate. CLOSED SESSION REPORT CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Government Code Section 54956.9[a]) Gaseway vs. Town of Los Gatos Orry Korb, Town Attorney stated that direction was given and no action was taken. PRESENTATIONS Proclamations Humane Society Silicon Valley - "Los Perros Day"  Mayor Barbara Spector proclaimed May 17th as "Los Perros Day" and presented Ms. Bennenger from the Humane Society, with a proclamation for “Los Perros Day.”  Ms. Bennenger thanked the community for the proclamation and commended Los Gatos for being a pet friendly Town. 2 Presentations – Continued National Public Works Week Mayor Barbara Spector presented Kevin Rohani, Interim Parks and Public Works Director with a proclamation on behalf of the Town of Los Gatos for National Public Works Week. Mr. Rohani  Thanked the Council and community for their support and invited staff, Council, and the community to attend the Parks and Public Works Open House on May 22, 2008. TOWN COUNCIL CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION) 1. Adopt resolution modifying an existing Conditional Use Permit to expand an existing quality restaurant (Café Marcella) with full liquor service into the adjoining tenant space currently occupied by a retail wine shop on property zoned C-2. Property location: 364-368 Village Lane. File U-08-003. Property owner: Joan Franck, Franck Family Trust Applicant: Global Grape L.P. RESOLUTION 2008-047 2. PPW Job No. 08-09 Tree Pruning and Removal Project Adopt resolution accepting work of Trugreen Landcare and authorizing the Town Manager to execute Certificate of Acceptance and Notice of Completion for recording by the Clerk Administrator. RESOLUTION 2008-048 3. Adopt resolution: a. Opposing Proposition 98, the California Property Owners and Farmland Protection Act (CPOFPA); and RESOLUTION 2008-049 b. Supporting Proposition 99, the Homeowner Protection Act (HPA). RESOLUTION 2008-050 4. Hazardous Vegetation Abatement (Brush) a. Adopt resolution declaring hazardous vegetation (brush) a public nuisance and providing for their abatement. RESOLUTION 2008-051 b. Set June 16, 2008 as a public hearing to hear protests on this annual program. 3 Consent Items – Continued 5. 115 N. Santa Cruz Avenue and 112 Wilder Avenue General Plan Amendment Application GP-07-01 Zone Change Application Z-07-001 Architecture and Site Application S-07-019 Conditional Use Permit Application U-07-020 Variance Application V-07-01 Negative Declaration ND-07-10. a. Adopt ordinance amending the Zoning Ordinance effecting a zone change from R-1D:LHP to C-2:LHP. ORDINANCE 2161 b. Adopt resolution denying appeals and upholding the Planning Commission’s decision to approve a General Plan Amendment, Zone Change, Conditional Use Permit, Subdivision, Variance and a portion of an Architecture and Site Application. RESOLUTION 2008-052 6. Adopt ordinance approving amendment to contract between the Board of Administration California Public Employees’ Retirement System and the Town Council of the Town Of Los Gatos. ORDINANCE 2160 TOWN COUNCIL/REDEVELOPMENT AGENCY 7. Adopt a resolution authorizing the Town Manager to increase the contract amount with Ross Drulis and Cusenbery by $42,000 to prepare construction drawings for the police operations building at 15900 Los Gatos Boulevard. RESOLUTION 2008-053 8. Approve Council/Agency minutes of April 21, 2008. Mr. Davis pulled Consent Item# 8 Mayor Barbara Spector stated that Consent Item #8 will be heard after Other [[Business. MOTION: Motion by Council Member Diane McNutt to approve Consent Items #1-7. Seconded by Vice Mayor Mike Wasserman. VOTE: Motion passed unanimously. 4 VERBAL COMMUNICATIONS Ms. Weidhaas  Commented that Rolfing should be exempt from the Massage Ordinance.  Requested that she be refunded for permits and that her fingerprint appointment be cancelled. Mr. Davis  Commended Mayor Barbara Spector for being a heroine in Town.  Questioned the $1.9 million designated for parking funds and suggested that it be used to build a parking lot at Baggerly Field. Mr. Larson, Town Manager  Clarified that staff received the letter about Rolfing from Ms. Weidhaas and that an evaluation process for the Massage Ordinance will be brought to Council in June 2008.  Clarified that the $1.9 million has been set aside for downtown parking and will be discussed by Council at the May 19, 2008 budget meeting. Closed Verbal Communications PUBLIC HEARINGS Mr. Davis received a warning from Mayor Barbara Spector for disrupting the meeting. REDEVELOPMENT AGENCY 9. Consider and adopt resolution approving the Redevelopment Agency midterm review of the Five Year Implementation Plan and Affordable Housing Production Plan for the Central Los Gatos Redevelopment Project for the period of July 1, 2004 to June 30, 2009. RESOLUTION 2008-054 Staff report made by Bud Lortz, Director of Community Development and Greg Larson, Town Manager. 5 Public Hearing Item #9 – Continued Council Comments  Questioned the use of redevelopment funds to support the Library project.  Questioned if the allocation of the redevelopment funds would impact any ongoing projects. Mr. Lortz  Clarified the use of redevelopment funds for the Library project and stated that there would be no impacts to ongoing projects. Open/Closed Public Hearing MOTION: Motion by Council Member Joe Pirzynski to adopt resolution approving the Redevelopment Agency midterm review of the Five Year Implementation Plan and Affordable Housing Production Plan for the Central Los Gatos Redevelopment Project for the period of July 1, 2004 to June 30, 2009. Seconded by Vice Mayor Mike Wasserman. Council Discussion  Requested additional information regarding information about the amount of redevelopment funds that would be used to support the Library project. Motion passed unanimously. TOWN COUNCIL 10. Open and hold public hearing to consider whether to introduce a Planned Development Ordinance to construct a new residence, pool, tennis court and accessory structures on property zoned HR-22. No significant environmental impacts have been identified as a result of this project and a Mitigated Negative Declaration has been recommended. Planned Development Application PD-06-03. Negative Declaration ND-07-04. APNS 537-29-007 & 008. Property location: Kennedy Road @ Forrester Road. Property owner: Acorn Trust Applicant: Rob DeSantis (continued from 2/5/07 and 4/2/07) Staff report made by Bud Lortz, Director of Community Development. 6 Public Hearing Item #10 – Continued Council Comments  Questioned if the DeSantis property could be sub-divided into two lots. Mr. Korb  Clarified that there was a prior sub-division of the property.  Commented about the process for slope density and requirements for sub- divisions on slopes and hillsides. Council Comments  Questioned if staff recommended the height for the proposed home and whether it includes the cellar.  Questioned if the grading summary in the staff report excludes the cellar.  Questioned on the calculation of truck loads for 7,560 cubic feet of off- haul. Mr. Lortz  Commented that staff had asked the applicant to comply with the 25 foot height requirement.  Commented that if the height was reduced the architectural integrity would be impacted.  Commented that the grading does not include the cellar.  Commented that there is about 10 yards of off-haul per dump truck. Open Public Hearing Mr. DeSantis, Applicant  Commented that he would give up his right to sub-divide the property pending the approval of the proposed project.  Commented that there are fifteen larger homes in the immediate area.  Commented that no variances are requested.  Commented that the reduced grading and Least Restricted Development Area (LRDA) was improved to 90% compliance.  Commented that his neighbors are against a sub-division at the location.  Commented on the project’s green architecture and use of solar technology. 7 Public Hearing Item #10 – Continued Andy Faber, Architectural Attorney  Commented that CEQA requirements have been met as part of the Mitigated Negative Declaration. Council Comments  Questioned the height of the proposed project.  Questioned if the applicant would be willing to reduce the size of the home or eliminate the tennis courts or art studio. Mr. DeSantis  Commented that the Hillside Guidelines allows for exceptions.  Expressed concerns about eliminating the tennis court and/or art studio for then it would not be his family home.  Commented on preserving the core elements of the project. Mr. Donnelly  Commented about the importance of adhering to the Hillside Standards and Guidelines. Mr. Haughton  Commented that the proposed project should meet all requirements in the Hillside Standards and Guidelines. Mr. Feinberg  Commented on the time and money the DeSantis family has spent on this project.  Commented that the Town should enforce the adopted Hillside Standards and Guidelines for all projects. Mr. Crites  Commented that the ordinance for the proposed project is discriminatory because it grants benefits that are unavailable to other property owners.  Questioned if a planned development is appropriate for the property. 8 Public Hearing Item #10 – Continued Ms. Hill  Commented against the proposed project. Mr. Decker  Commented about the General Plan and the Hillside Standards and Guidelines.  Commented that the proposed project violates the General Plan. Mr. Faraone  Commented that he is a neighbor of the DeSantis Family and supports the proposed project. Mr. Ardizzone  Commented that reduced density meets the Town Hillside Standards and Guidelines.  Commented that a concept with reduced density would be to everyone's benefit. Mr. Morley  Commented in support of the proposed project. Ms. Quintana  Commented about the environmental documents associated with the proposed project.  Commented that a sub-division is not possible based on the Town Zoning Code.  Commented that the Hillside Specific Plan calls for a minimum of 2.4 acres for sub-divisions. Mr. Berger  Commented that he is a neighbor of the DeSantis Family and supports the proposed project.  Commented that he would not like to see a sub-division at the location. Ms. Dallas  Commented that she was part of the development of the Hillside Standards and Guidelines and the General Plan development process.  Commented that the application is a good example of how the Hillside Standards and Guidelines works. 9 Public Hearing Item #10 - Continued Ms. Weber  Commented on supporting the proposed project.  Commented against the idea of a sub-division at the location. Ms. Morgan  Commented on the excessive amount of grading at the location. Mr. Silva  Commented that the bags of rocks submitted to each Council Member represents an idea of how much off-haul is associated with the proposed project. Ms. Decker  Commented about the time it took to develop the Hillside Standards and Guidelines, General Plan and the Hillside Specific Plan.  Commented that the documents were designed to protect the hillsides and the proposed project destroys the hillside. Mr. Mador  Stated that his firm was retained by Ms. Quintana and Ms. Decker to review the DeSantis project.  Commented that the project as currently designed should not be approved. Mr. Davis  Commented against the proposed project and states that the proposed project reduces the mountain. Ms. Currie  Commented on the amount of grading at the site.  Commented on grading comparisons for other developments in Town. Mr. Elliott  Commented that they are neighbors of the DeSantis Family and support the proposed project.  Commented that this is a unique project that will benefit Los Gatos. Mr. Vlasic  Suggested that the proposed project meets the Town’s requirements.  Commented that the design of the home should fit the site , and the site should not be tailored to fit the home. 10 Public Hearing Item #10 - Continued Mr. Weissman  Commented against the grading and off -haul for the proposed project.  Commented on the amount of dump trucks that would be using Town roads. Mr. Quintana  Commented against the proposed project.  Commented that the project is too massive and violates the Hillside Standards and Guidelines. Ms. Dreger  Commented that if the project is approved it would set precedence for other large projects in Town.  Commented that the ambiance of the Town would be lost if the proposed project is approved. Mr. Guardino  Commented on supporting the proposed project.  Commended the applicant for building green and stated that the proposed project exceeds the rating scale for Build it Green. Mr. Siemens  Commented that the Mid Peninsula Open Space District staff is concerned that this project sets precedence for other projects in the area.  Commented that people want to see the hillsides protected. Mayor Barbara Spector called for a recess at 8:52 p.m. Meeting resumed at 8:56 p.m. Mr. DiSantis, Applicant  Requested that Ms. Dallas continue her comments about the Hillside Standards and Guidelines and proposed project. Mr. Matteoni  Clarified that the lots are sub-dividable.  Clarified the density and lot patterns along Forrester Avenue.  Commented that there were several large developments on the hillsides that did not require planned developments.  Suggested using the same monitoring plan for the trucks carrying off -haul as the Town did for the Reservoir Road project. Mr. De Santis  Commented on the aspects of the project that were portrayed negatively. 11 Public Hearing Item #10 – Continued Closed Public Hearing Council Discussion  Commented on preferring a single family home over a sub-division.  Commented that the neighbors were in support of the project and that their support should hold some weight in the matter.  Commented that the property has had previous grading.  Commented on the deviations in height, development outside the Least Restricted Development Area (LRDA), Amount of Floor Area Ratio (FAR), and the cuts and fill associated with the proposed project.  Commented that there should be compelling reasons to allow the deviations to the Hillside Standards and Guidelines.  Commented that the issue should not include the discussion of sub- division.  Commented that the facts presented did not constitute a compelling reason for deviating from the Town's standards. MOTION: Motion by Council Member Joe Pirzynski to make the Negative Declaration. Seconded by Council Member Diane McNutt. VOTE: Motion passed 3/2. Mayor Barbara Spector and Vice Mayor Mike Wasserman voted no. MOTION: Motion by Council Member Joe Pirzynski to adopt the Mitigated Monitoring Program as stated in Attachment 27. Seconded by Council Member Diane McNutt. VOTE: Motion passed 3/2. Mayor Barbara Spector and Vice Mayor Mike Wasserman voted no. 12 Public Hearing Item #10 – Continued Council Discussion  Commented that the findings in the motion pertain to the Hillside Specific Plan and that the motion should reflect that the project is not considered consistent with the Hillside Standards and Guidelines.  The maker of the motion amended motion to include the findings on pages 3 and 4 of the Staff Report that relate to the Hillside Standards and Guidelines.  Mayor Barbara Spector stated for the record that she would like to include page 2 of the staff report and the conditions that reflect the 7,560 cubic yards of fill, the 15,500 feet outside the LRDA, and the 15,000+ square feet of building. MOTION: Motion by Council Member Joe Pirzynski to make the findings as stated in Attachment 28 with amendments to include:  The findings on pages 3 and 4 of the staff report that relate to the Hillside Standards and Guidelines. Seconded by Council Member Diane McNutt. VOTE: Motion passed 3/2. Mayor Barbara Spector and Vice Mayor Mike Wasserman voted no. MOTION: Motion by Council Member Joe Pirzynski to approve the conditions in the Planned Development Ordinance as stated in Attachment 29 with an amendment to condition #1 in the ordinance stating that the Architecture and Site go to the Planning Commission instead of the Development Review Committee. Seconded by Council Member Diane McNutt. Council Discussion  Suggested that the motion be amended to have the condition in the ordinance relating to the Architecture and Site go to the Planning Commission instead of the Development Review Committee. Mr. Korb  Clarified for the record that the motion is to approve the conditions in the ordinance and not the ordinance which would be approved when introduced. VOTE: Motion passed 4/1. Mayor Barbara Spector voted no. 13 Public Hearing Item #10 - Continued Mayor Barbara Spector Directed Jackie Rose, Clerk Administrator to read the title of the ordinance. MOTION: Motion by Council Member Joe Pirzynski to waive the reading of the ordinance. Seconded by Council Member Diane McNutt. VOTE: Motion passed unanimously. MOTION: Motion by Council Member Joe Pirzynski to introduce a Planned Development Ordinance to construct a new residence, pool, tennis court and accessory structures on property zoned HR-22. No significant environmental impacts have been identified as a result of this project and a Mitigated Negative Declaration has been recommended. Planned Development Application PD-06-03. Negative Declaration ND-07-04. APNS 537-29-007 & 008. Property location: Kennedy Road @ Forrester Road. Property owner: Acorn Trust Applicant: Rob DeSantis. Seconded by Council Member Diane McNutt. VOTE: Motion passed 3/2. Mayor Barbara Spector and Vice Mayor Mike Wasserman voted no. 14 OTHER BUSINESS 11. Consider supporting the continuation of past practices for the appointment of West Valley City representatives to the Santa Clara Valley Transportation Authority. Staff report made by Greg Larson, Town Manager Council Comments  Commented on the issue of altering the West Valley city groupings within the Valley Transportation Authority.  Suggested that the Town prepare a letter opposing the modification to include Los Altos Hills as part of the West Valley grouping. MOTION: Motion by Council Member Steve Glickman to direct staff to prepare a letter to Valley Transportation Authority (VTA) opposing the inclusion of Los Altos Hills as part of the West Valley grouping. Seconded by Council Member Joe Pirzynski. VOTE: Motion passed unanimously. PULLED CONSENT ITEMS 8. Approve Council/Agency minutes of April 21, 2008. Mr. Davis  Commented that his statements regarding Baggerly Field, Town-owned property at Vasona Park, and the recreation survey were not accurately reflected in the minutes of April 21, 2008. MOTION: Motion by Council Member Joe Pirzynski to approve the Council/Agency meeting minutes of April 21, 2008. Seconded by Vice Mayor Mike Wasserman. VOTE: Motion passed unanimously. 15 COUNCIL/TOWN MANAGER REPORTS 12. Council Matters Council Member Steve Glickman  Commented about the West Valley Collections and Recycling Board meeting which discussed rates and hard to serve areas.  Commented that as of July 2008 all service areas will pay the same rate. Mayor Barbara Spector  Asked Council Member Joe Pirzynski if he would like to attend the Santa Clara Cities Association meeting on Thursday, May 8, 2008 to represent the Town.  Council Member Joe Pirzynski stated that he would be out of Town on that date.  Council Member Steve Glickman offered to attend the meeting to represent the Town. 13. Manager Matters Greg Larson, Town Manager  Updated the Council about the General Plan Update Advisory Committee recruitment activities.  Reminded the residents of the Town of Los Gatos that they are welcome to apply to the General Plan Update Committee.  Thanked the Clerk Department staff for their extraordinary hours and dedication to the service of the community. ADJOURNMENT Attest: /s/Jackie D. Rose, Clerk Administrator