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M10-20-08 1 MINUTES OF THE TOWN COUNCIL/PARKING AUTHORITY/REDEVELOPMENT AGENCY OCTOBER 20, 2008 The Town Council of the Town of Los Gatos conducted a Regular Meeting on Monday, October 20, 2008 at 7:00 P.M. TOWN COUNCIL/PARKING AUTHORITY/REDEVELOPMENT AGENCY MEETING CALLED TO ORDER 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 Kirsten and Kaitlyn Cook, students from Blossom Hill School, 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]) (One Case) Moreno, et al., v. Town of Los Gatos, et al. USDC Case No. C 04 - 01617 JF Mr. Korb stated that direction was given and no action was taken. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION (Government Code Section 54956.9[b]) (One Case) Santa Clara County Property Tax Administration Claim Mr. Korb stated that direction was given and no action was taken. 2 Closed Session – Continued CONFERENCE WITH LABOR NEGOTIATOR (Government Code Section 54957.6) Town Negotiator (Lead): Rumi Portillo, Human Resources Director Employee Organizations: Police Officers’ Association Confidential Town Employees’ Association Management AFSCME Mr. Korb stated that direction was given and no action was taken. PRESENTATIONS Commendations  Kirsten Ashleigh Cook and Kaitlyn Loren Cook - Safe Routes to Schools Mayor Barbara Spector presented Kirstin and Kaitlyn Cook with commendations for their support, leadership role, and participation in the Safe Routes to School /Blossom Hill Sidewalk project.  Leena Iyar, Community Services Commission (Student)  Yiran Zhang, Community Services Commission (Student)  Madeline Kervorkian, Parks Commission (Student) Mayor Barbara Spector presented Leena Iyar with a commendation for her volunteer time as a student member to the Community Services Commission and recognized Yiran Zhang and Madeline Kervorkian (not present) for their volunteer time as student commissioners. Community/Business Recognition Andrew Fanelli - Owner of All-pro Tae Kwon Do Council Member Steve Glickman commended Andrew Finelli for his dedication to youth in the community as a teacher of Tae Kwon Do. Mr. Finelli thanked the Town and the community for their support. Mayor Barbara Spector noted that Lyon Management, applicant for 347 Massol Avenue, requested that Item #12 be continued to December 1, 2008. 3 TOWN COUNCIL CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION) 1. Ratify payroll for September 2008. 2. Ratify accounts payable for September 2008. 3. Los Gatos/Monte Sereno Police Foundation Donation. a. Adopt resolution authorizing the Town Manager to accept a donation from the Los Gatos/Monte Sereno Police Foundation in the amount of $48,800 for equipment, resources and training. RESOLUTION 2008-113 b. Authorize a FY 2008-09 budget adjustment increasing General Fund Police Department Donation Revenues and the General Fund Police Department Foundation Donations Project expenditures in the amount of $48,000. 4. Adopt resolution approving an update to the Management Compensation Plan and authorizing the Town Manager to execute the necessary documents to implement the updates. RESOLUTION 2008-114 5. Adopt resolution granting approval to modify an existing Conditional Use Permit to allow full liquor service with modified hours of operation on property zoned C-2. Conditional Use Permit U-08-010. Property location: 330 N. Santa Cruz Avenue. Property owner: Meldimar LLC. Applicant: Richard Cole/M.S.D. Restaurant Co. LLC. RESOLUTION 2008-115 4 Consent Items - Continued 6. Update and merge the pre-1941 Design Guidelines and the Residential Development Standards for all single family and two family dwellings in all zones except the resource conservation and hillside residential zones. a. Adopt ordinance amending Almond Grove Historic District Ordinance consistent with design guidelines. ORDINANCE 2165 b. Adopt ordinance amending Broadway Historic District Ordinance consistent with design guidelines. ORDINANCE 2166 c. Adopt ordinance amending Fairview Plaza Historic District Ordinance consistent with design guidelines. ORDINANCE 2167 d. Adopt ordinance amending University/Edelen Historic District Ordinance consistent with design guidelines. ORDINANCE 2168 e. Adopt ordinance amending zoning code regarding the duties of the Historic Preservation Committee and the procedure for minor historic projects. ORDINANCE 2169 7. PPW Job No. A09-009 - Equipment purchase of a Park Structure at Live Oak Manor Park (411-831-3802) a. Adopt resolution authorizing the Town Manager to execute an agreement with Ross Recreation Equipment Company, Inc. for the replacement purchase and installation of a park structure at Live Oak Manor Park in the amount of $51,147. RESOLUTION 2008-116 b. Authorize a budget adjustment providing $51,147 in new appropriations for the Live Oak Manor Playground Vandalism Repair and Replacement project consisting of revenue budget adjustment of $46,147 from the ABAG Insurance Claim Reimbursement and $5,000 from the General Fund Reserve for Future Capital Improvements. 5 Consent Items – Continued 8. PPW Job No. 06-03 - Street Resurfacing of Hillside Streets - Surface Transportation Improvement Program (STIP) - Project 421-811-0001. a. Adopt resolution declaring Granite Rock Company to be the lowest responsible bidder on the project and award a construction contract in the amount of $311,200. RESOLUTION 2008-117 b. Authorize staff to execute future change orders to the construction contract as necessary up to an amount of $30,000. c. Authorize a budget adjustment from the Annual Street Resurfacing Program of $40,636 to be appropriated to this project. REDEVELOPMENT AGENCY 9. Ratify accounts payable for September 2008. TOWN COUNCIL/REDEVELOPMENT AGENCY 10. Approve Council/Agency minutes of October 6, 2008. Mr. Davis pulled Consent Items #7 and #10. Mayor Barbara Spector stated that the pulled Consent Items would be heard after Other Business. MOTION: Motion by Vice Mayor Mike Wasserman to approve Consent Items #1-6 and #8, 9, and 11. Seconded by Council Member Joe Pirzynski. VOTE: Consent Items #1-4, #6 and #8, 9 and #11 passed unanimously. Consent Item #5 carried 4/1. Council Member Steve Glickman voted no. 6 VERBAL COMMUNICATIONS Mr. Guardino  Invited the community and Council to join the Silicon Valley/Applied Materials annual Thanksgiving Turkey Trot Run/Walk and invited the Mayor to join the Mayors Cup Challenge. Mr. Davis  Commended staff on the new boiler for Town Hall. Commended Mr. Capurso, Director of Parks and Public Works, for removing the wood chip pile near Courtside Fitness Center. Closed Verbal Communications PUBLIC HEARINGS 11. Consider an appeal of a Planning Commission decision approving a request to demolish a single family residence and to construct a new residence on property zoned R-1:8. APN 409-15-021 Architecture and Site Application S-07-188. Property location: 14329 Mulberry Drive. Property owner/applicant: Hallmark Community Services. Appellant: Dennis Chambers. Staff report made by Bud Lortz, Director of Community Development. Council Comments  Requested clarification on the fence height proposed by one of the adjacent neighbors.  Questioned if a seven or eight foot fence is common for a neighborhood. Mr. Lortz  Clarified that there was an agreement between the applicant and the neighbor regarding fence height and staff was awaiting a decision from the adjacent neighbor.  Clarified that it is not unusual for a property owner to request a fence that is over six feet and both affected property owners must agree with the requested fence height. 7 Public Hearing Item #11 – Continued Open Public Hearing Mr. Chambers, Appellant  Commented that the Planning Commission overlooked important facts about safety issues related to parking at the location and along Mulberry Drive.  Commented that all bedrooms have doors leading to outside and that the windows are five feet high and the six foot fence does not address privacy concerns.  Commented that the windows are five foot high and does not address privacy with the six foot fence.  Requested that the doors from the bedrooms be eliminated.  Requested eliminating the windows that are in view of his property.  Requested that the foundation and ceiling be lowered to bring down the height of the windows. Ms. Richer, Applicant  Commented that the designs are within the allowed requirements of the Town.  Commented that they have worked closely with the neighbors and the Development Review Committee. Ms. Xalung  Commented that the house will look like any other home and will fit in with the community. Ms. McCann  Commented that they are the owners of the home and will work to make this a community project and that the project would be done right.  Commented they will continue to work with the neighbors to address their concerns. Council Comments  Requested clarification on the privacy issues with the adjacent neighbors.  Questioned how many windows have a direct view of the appellant's property. Ms. Richer  Commented that the home has to comply with strict State Fire Codes.  Commented that the applicant is willing to work with the adjacent neighbors to eliminate privacy issues.  Commented that about 15% of the windows are in the view line of the neighbor’s property. 8 Public Hearing Item #11 – Continued Mr. Guy  Expressed concerns about the people who would be living at the home and that there are issues with evacuation if there was an emergency.  Commented on the legal process to make the site livable.  Questioned the parking issues at the location and along Mulberry Drive. Mr. Dodds  Commented that they have built over sixty homes for disabled residents who are being relocated from Agnews Hospital.  Commented about the emergency evacuation plans required by the State for the project. Council Comments  Questioned the staffing situation for the proposed home. Ms. Richer  Explained that there would be two full time staff at the home 24 hours a day. Mr. Da Quino  Commented that Mulberry Drive is a narrow drive and parking is a problem.  Commented that the applicants have not presented a parking plan for the location.  Expressed concerns about safety issues without a parking plan in place. Council Comments  Clarified that the Town does not have jurisdiction over the traffic issues. Ms. Richer, Applicant  Clarified that there would be suitable parking at the location.  Commented that they are sensitive about the parking issues and are willing to work with the neighbors to achieve solutions.  Commented that the State has strict occupancy codes for these types of homes.  Commented that they feel that the home will blend with the community. 9 Public Hearing Item #11 - Continued Mr. Chambers, Appellant  Commented about safety issues along Mulberry Drive with vehicles entering and leaving the location. Council Comments  Questioned if Mr. Chambers would be willing to have the applicant widen the driveway. Mr. Chambers  Commented that he is not willing to negotiate a shared driveway with the applicant. Closed Public Hearing Council Discussion  Requested clarification about the fire safety and evacuation plans for the proposed home.  Questioned if the doors and windows in bedrooms four and five could be relocated. Mr. Lortz  Commented that a shared driveway is not acceptable to the appellant.  Commented that they may be able to relocate the windows off the south location. Council Discussion  Questioned if the eight foot fence height is acceptable to the applicant.  Questioned if the fire safety issues would be addressed during the Architecture and Site process.  Commented that the windows look into the garage and backyard and not directly into the neighbor’s home.  Would like to see the property owner and adjacent owners work together to achieve solutions. 10 Public Hearing Item #11 - Continued Mr. Lortz  Suggested wording to indicate that the windows and doors be relocated to the satisfaction of the Community Development Director. MOTION: Motion by Council Member Joe Pirzynski to uphold the decision of the Planning Commission to approve a request to demolish a single family residence and to construct a new residence on property zoned R-1:8. APN 409-15-021 Architecture and Site Application S-07-188. Property location: 14329 Mulberry Drive. Property owner/applicant: Hallmark Community Services. Appellant: Dennis Chambers. Seconded by Council Member Steve Glickman. Council Discussion  Questioned if the motion included wording requesting that the neighbors work with the applicant.  Requested changing the language on Condition #10 to read "up to eight feet in height" to give flexibility to the applicant.  The maker of the motion agreed to amend the motion to add the revised wording from the staff report to Condition #10.  The seconder of the motion agreed. AMENDED MOTION: Amended Motion by Council Member Joe Pirzynski to uphold the decision of the Planning Commission to approve a request to demolish a single family residence and to construct a new residence on property zoned R-1:8. APN 409-15-021 Architecture and Site Application S-07-188. Property location: 14329 Mulberry Drive. Property owner/applicant: Hallmark Community Services. Appellant: Dennis Chambers. Amendment to include the revised wording under Condition #10: Fencing along the front, rear, and side property line may be six feet in height with one foot of lattice with a total height of seven feet or to a total height of eight feet to be determined by the property owners in agreement with the Director of Community Development. VOTE: Motion passed unanimously. 11 OTHER BUSINESS 12. 347 Massol Avenue Adopt Planned Development Ordinance making a zone change from RM:5-12 to RM:12-20:PD for a fifty-six lot residential subdivision to convert the existing apartments to condominiums at 347 Massol Avenue (APN 510-14-004) (Bay Tree Apartments) (continued from 8/18/08) APPLICANT REQUESTS CONTINUANCE TO 12/1/08 Council Member Steve Glickman recused himself due to the location of his residence. Mr. Larson, Town Manager  Commented that staff is continuing to work with the applicant to address concerns raised by the Council and surrounding neighbors.  Clarified that Lyon Management, applicant for Bay Tree apartments had requested a continuance on the item to December 1, 2008. Open Public Comments Mr. Davis  Commented that deferred maintenance killed the condo conversion business.  Suggested that a building inspection should be done by a third party and should be required by an ordinance. Closed Public Comments MOTION: Motion by Council Member Diane McNutt to continue the adoption of the Planned Development Ordinance making a zone change from RM:5-12 to RM:12-20:PD for a fifty-six lot residential subdivision to convert the existing apartments to condominiums at 347 Massol Avenue (APN 510-14-004) (Bay Tree Apartments) to December 1, 2008. Seconded by Council Member Joe Pirzynski. VOTE: Motion carried 4/0. Council Member Steve Glickman recused himself due to the location of his residence. 12 PULLED CONSENT ITEMS 7. PPW Job No. A09-009 - Equipment purchase of a Park Structure at Live Oak Manor Park (411-831-3802) RESOLUTION 2008-116 a. Adopt resolution authorizing the Town Manager to execute an agreement with Ross Recreation Equipment Company, Inc. for the replacement purchase and installation of a park structure at Live Oak Manor Park in the amount of $51,147. b. Authorize a budget adjustment providing $51,147 in new appropriations for the Live Oak Manor Playground Vandalism Repair and Replacement project consisting of revenue budget adjustment of $46,147 from the ABAG Insurance Claim Reimbursement and $5,000 from the General Fund Reserve for Future Capital Improvements. Mr. Davis  Expressed concerns about replacing the tot lot under the electrical wires at Live Oak Manor Park.  Suggested that the Town contact P.G. & E. to discuss alternative solutions for the high voltage wiring. Mr. Larson, Town Manager  Commented that the tot lot is a replacement of the structure that was previously destroyed in a fire and the replacement structures have been reviewed by the Parks Commission. Council Comments  Commented that the electromagnetic field studies have determined that the high voltage wires are not a hazard to the public.  Commented that studies done about eight years ago at Live Oak Manor Park concluded that the high voltage wires were not a hazard to the public. MOTION: Motion by Council Member Joe Pirzynski to approve Consent Item #7. Seconded by Council Member Steve Glickman. VOTE: Motion passed unanimously. 13 Pulled Consent Items - Continued 10. Approve Council/Agency minutes of October 6, 2008. Mr. Davis  Commented that his statements under Verbal Communications in the October 6, 2008 minutes about Sara Cole and the hazards around the Blossom Hill dirt lot were not accurate.  Suggested that the Town pave the dirt area and make the area a safe parking zone for Blossom Hill Park. MOTION: Motion by Council Member Joe Pirzynski to approve Consent Item #10. Seconded by Vice Mayor Mike Wasserman. VOTE: Motion passed unanimously. COUNCIL/TOWN MANAGER REPORTS 13. Council Matters Council Member Steve Glickman  Commented about issues relating to the Arts Commission a nd the Brown Act.  Expressed concerns regarding potential changes to the Music in the Park guidelines. 14. Manager Matters Mr. Larson  Commented that Bud Lortz, Director of Community Development will be moving to the position of Deputy Town Manager and the Town will be recruiting for a new Director of Community Development.  Commended Alana Forest and Jenny Haruyama on their temporary rotation of positions within the Town. 14 Manager Matters – Continued Mr. Larson – continued  Commented that Friday, October 24, 2008, is the last day to submit applications to any Boards, Commissions, and Committees.  Commented that Saturday, November 1, 2008 will be the first community input process for the update of the General Plan and will be held from 9:30 to 12:00 at Fisher Middle School.  Commented that there will be a study session on the new Library conceptual design prior to the November 3, 2008 Town Council meeting.  Commented that on Thursday, November 13, 2008 , the Town will be conducting a community meeting on the new Library conceptual design process. ADJOURNMENT Attest: /s/Jackie D. Rose, Clerk Administrator