16 Parking Authority/Redevelopment Agency MinutesDRAFT Council/Agency Meeting 01/16/07
ITEM #
Ho.
MINUTES OF THE TOWN COUNCIL/PARKING
AUTHORITY/REDEVELOPMENT AGENCY
DECEMBER 18, 2006
The Town Council of the Town of Los Gatos conducted a Regular Meeting on
Monday, December 18, 2006 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
Gregory Cox, 8th grader from Hillbrook School, led the Pledge of Allegiance.
The audience was invited to participate.
CLOSED SESSION REPORT
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Government Code Section 54956.9fa1)
Dougher v. Town (DUI Cost Recovery) Litigation
Mr. Korb stated that direction was given and no action was taken.
BOARDS/COMMISSION/COMMITTEES APPOINTMENTS
Arts Commission (4 vacancies, 5 applicants)
The following applicants were appointed to the Arts Commission
• Patricia Guiley
• Marianne Hamilton
• Valerie Hopkins
• Alison Storz
BOARDS/COMMISSION/COMMITTEES APPOINTMENTS - Continued
Arts Selection Panel (1 vacancies, 1 applicant)
The following applicant was appointed to the Art Selection Panel
• Victor Nemechek
Community Services Commission (4 vacancies, 4 applicants)
The following applicants were appointed to the Community Services Commission
• Barbara Cardillo
• Christine Currie
Nancy Marcus
Barry Waitte
General Plan Committee (1 vacancy,1 applicant)
The following applicant was appointed to the General Plan Committee.
• Margaret Smith
Historic Preservation Committee (1 vacancy, 4 applicants)
The following applicant was appointed to the Historic Preservation Committee
• Robert Cowan
Library Board (2 vacancies, 2 applicants)
The following applicants were appointed to the Library Board
• Deborah Behrman
• Lyn Dougherty
Parks Commission (3 vacancies, 5 applicants)
The following applicants were appointed to the Parks Commission
• Jim Handy
• Louise Kirkbride'
• Richard Konrad
Personnel Board (3 vacancies, 1 applicant)
The following applicant was appointed to the Personnel Board.
• Edward Matchak
Council directed staff to re-advertise the two (2) vacant positions on the
Personnel Board.
BOARDS/COMMISSION/COMMITTEES APPOINTMENTS - Continued
Planning Commission (2 vacancies, 7 applicants)
The following applicants were appointed to the Planning Commission
• Philip Micciche
• Marico Sayoc
Rent Advisory Committee (2 vacancieS, i applicant)
The following applicant was appointed to the Rent Advisory Board,
• Susan Fish
Council directed staff to re-advertise the one (1) vacant position on the Rent
Advisory Board.
Transportation and Parking Commission (3 vacancies, 4 applicants)
The following applicants were appointed to the Transportation and Parking
Commission
• Richard Anderson
• Collette Lynner
• Erik Wilhelmsen
PRESENTATIONS
Commendation
Retirement of John Curtis, Director of Public Works
Mayor Joe Pirzynski presented John Curtis with a commendation for all his
contributions to the community as the Parks and Public Works Director. Mr.
Curtis will be retiring in December, 2007.
Mr. Curtis thanked Council and staff for.all their support though out his years as
director.
PRESENTATIONS - Continued
Presentation
Silicon Valley Leadership Group - Sustainable Silicon Valley
Sally Tomlinson, Executive Director
Margaret Bruce, Environmental Program Director
Ms. Bruce made a presentation regarding the environment and energy efficiency
in Silicon Valley.
Council Comment
Questioned if Ms. Bruce could provide suggestions to approve
efficiencies within the Town.
TOWN COUNCIL
CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION).
1. Ratify payroll for the month of November, 2006
2. Ratify accounts payable for the month of November, 2006
3. Accept Treasurer's Report for the month of October, 2006
4. Adopt Council Committee Appointments effective January, 2007
5. Accept Parks Commission recommendation to appoint Jimmy Zhang
as Student Parks Commission
6. Adopt resolution appointing Kevin Rohani, Town Engineer, as
representative to the Santa Clara Valley Transportation Authority
Technical Advisory Committee (TAC) RESOLUTION 2006-123
7. Adopt resolution approving the Final Map for Tract No. 9888, (235
West Main Street) RESOLUTION 2006-124
8. Ross Creek Joint Use Agreement Adopt resolution authorizing the
Town Manager to execute a joint use agreement with the Santa Clara
Valley Water District for portions of Ross Creek from Blossom Hill
Road to Blossom Hill Park. RESOLUTION 2006-125
CONSENT ITEMS - Continued
9. Project (07-12) - PPW Job No.06-11 - Blossom Hill Road Sidewalk
Construction - (University Avenue to Roberts Road) .
a. Adopt resolution declaring Robert A. Bothman to be the lowest
responsible bidder on the project and awarding a construction
contract in the amount of $153,120 RESOLUTION 2006-126
from $117
get-adjustmentof-$36,1-20-to-increase-project budget
to 153,120
c. Authorize transfer of $21,441 from Street Restriping Program (0710) to
Blossom Hill Road Sidewalk Project (0712)
d. Authorize transfer of $14,649 from Curb, Gutter and Sidewalk Program
(0349) to the Blossom Hill Road Sidewalk Project (0712)
10. Project 0710 (PPW Job No. 06-05) -Annual Street Restriping FY 2006-
07
a. Adopt resolution declaring Chrisp Company to be the lowest
responsible bidder on the project and awarding a construction
contract in the amount of $ 23,559. RESOLUTION 2006-127
b. Authorize staff to execute future change orders to the construction
contract as necessary up to an amount of $5,000
11. Project 400-0702 - (PPW Job No. 06-34) - Telephone System Upgrade
Adopt resolution authorizing Town Manger to negotiate an agreement
with Verizon Business for the purchase and installation of the
telephone system upgrade in the amount of $34,284.99
RESOLUTION 2006-128
REDEVELOPMENT AGENCY
12. Ratify accounts payable for the month of November 2006
CONSENT ITEMS - Continued
TOWN COUNCIUREDEVELOPMENT AGENCY
13. Approve Council/Agency minutes of:
a. November 28, 2006
b. December 4, 2006
Mr. Glickman pulled Consent Item #4 and #13
Mr. Davis pulled Consent Item #9
Mayor Joe Pirzynski stated that pulled Consent Items would be heard after
Other Business on this evening's agenda.
MOTION: Motion by Council Member Steve Glickman to approve Consent
Items #1-3, #5-8, and #10-12.
Seconded by Vice Mayor Barbara Spector.
VOTE: Motion passed unanimously.
VERBAL COMMUNICATIONS
Ms. Robbins-Druian
• Commented that she would like to see a controlled balance of
similar businesses on Main Street.
• Commented that she feels the Town needs more retail and less
personal service businesses on Main Street.
• Commented regarding the lack of parking in the downtown area.
• Commented regarding public noticing for Conditional Use Permit
applications to all neighboring businesses.
Mr. Davis
• Commented regarding the appointments to the Planning
Commission.
• Commented regarding the DeSantis project which was appealed to
the Town Council.
Verbal Communications - Continued
Mr. Fox
Mr. Arzie
Commented regarding cigarette smoking and requested
that Council consider adopting an anti smoking ordinance for Los
Gatos.
Commented regarding the loss of retail space to other uses.
Ms. Babalis
the Downtown area.
Requested that Council give the Planning Commission clear
guidelines relating to Conditional Use Applications in the downtown
area.
• Commented regarding the progress to open Roberts Road Bridge.
• Requested that staff contact her relating to complaints arising
from the festival of lights traffic.
PUBLIC HEARINGS
14. Consider an appeal of a Planning Commission decision denying
request for modification of a Conditional Use Permit relating to
operation of a restaurant in conjunction with retail sales on property
zoned C-2. Property location: 35 N. Santa Cruz Avenue. Property
owner: Richie Asset Management Co. Applicant/appellant: Neil P.
Knott
Staff report made by Randy Tsuda, Assistant Director of Community
Development.
Council Comments
Questioned item #3 of the staff report relating to a frozen dessert
case at the location.
Questioned the Town's ordinance relating to the definition of a
restau rant.
Clarification on evaluating the Town's policies relating to definitions
and restrictions for restaurants.
quested that C-ouncil-review the-ordinance-and-consider-a -
ishine clause relating to a certain .professional service building in
Public Hearing #14 - Continued
Open Public Hearing
Mr. Knott, Applicant/Appellant
• Commented regarding his reasons for the appeal.
• Commented that he feels his shop is a part of the community.
Mr, I vvinclell, Attorney fnr Applicant
Commented regarding the Planning Commission hearing relating to
the application for a Conditional Use Permit.
• Commented regarding policy concerns relating to the,Conditional
Use permit required for Powell's Sweet Shoppe.
Commented on Mr. Knott's vision for opening the store.
Open Public Hearing
Mr. Schimmels
Commented on supporting the application for Powell's Sweet
Shoppe.
Mr. Janvier
• Commented. against granting a Conditional Use Permit for Powell's
Sweet Shoppe.
• Would like to see only pre-packaged gelato at this location.
Mr Arzie
Commented regarding parking mitigation plans in the downtown
area.
Suggested scheduling a review of ordinance, public noticing, and
definition of a chain store.
Ms. Azizi
Commented on supporting the application for Powell's Sweet
Shoppe.
Mr. Cribari
Commented on supporting the application for Powell's Sweet
Shoppe.
Commented that he feels Powell's Sweet.Shoppe is a benefit to the
community.
Public Hearing #14 - Continued
Mr. Burke
• Commented regarding franchises in relation to Powell's Sweet
Shoppe.
• Commented that he feels this application should fall under the
formula retail ordinance.
• Commented on granting a temporary exception to the application
for Powell's Sweet Shoppe.
Mrs. Knott
• Commented on her family's visions relating to Powell's Sweet
Shoppe.
• Commented on supporting the application for Powell's Sweet
Shoppe.
Ms. Kim
• Commented regarding her family's yogurt business located in the
downtown area.
• Commented that their business has lost money since Powell's
Sweet Shoppe has opened, and suggested ideas to co-exist in the
downtown.
Ms. Quintana
• Commented that she never believed that Mr. Knott's had willingly
deceived the Town by not obtaining a Conditional Use Permit.
• Commented as a Planning Commissioner, that she was aware that
the gelato case was in the plans and that she was also aware that
there was some misunderstanding between packaged and scooped
gelato.
Mrs. Decker
• Commented that Powell's Sweet Shoppe exemplifies the policies of
the General Plan.
• Suggested evaluating the Town's policies relating to definitions and
restrictions for restaurants.
• Commented on the balance of fine dining and retail in the
downtown area.
• Commented on supporting the application for restaurant and retail
at Powell's Sweet Shoppe.
Mr. Davis
Commented regarding the Planning Commissions decision relating
to Powell's Sweet Shoppe.
Commented regarding restrictions in the Town Code regarding
recommendations by the Planning Director.
Public Hearing #14 - Continued
Ms. Babalis
• Commented on supporting the application for Powell's Sweet
Shoppe.
Mr. Knott, Appellant
• Commented regarding the community support for Powell's Sweet
Shoppe•
Mr. Korb
• Clarified staff's recommendation relating to the staff report
concerning Powell's Sweet Shoppe.
• Clarification regarding Mr. Davis's statement, there is no restrictions
in the Town Code relating to staff recommendations.
Close Public Hearing
Council Discussion
Questioned if Council had the option of granting a temporary
exception relating to the application for the gelato case.
Questioned restrictions of the Conditional Use Permit relating to 35
N. Santa Cruz Avenue.
Mr. Korb clarified that there is no provision for temporary exceptions.
MOTION: Motion by Council Member Mike Wasserman to grant the appeal
from the Planning Commission and make the required findings
(attachment 2 of the staff report) and approve Conditional Use
Permit U-07-4, subject to conditions (attachments #3 in the staff
report), on the basis that new information was provided that was
not readily available for the Planning Commission. Since this
information is minor and has minimal effect on the application, the
matter does not need to be returned to the Planning Commission.
Seconded by Council Member Steve Glickman.
Council Comments
Suggested revisiting the definition relating to restaurant use
ordinances and policies.
Commented regarding facts that came forward after the Planning
Commission hearing.
Questioned if the Conditional Use Permit could be restricted to
retail use only or provide an expiration date.
Public Hearing - Item #14 Council Comments Continued
• Commented regarding finding #2 in the staff report relating to
proposed use of the property is desirable to the public convenience
and welfare.
• Commented regarding Town policies relating restaurant use.
• Commented that the Conditional Use Permit be limited enough
so that another business would not be able to open a restaurant at
that location.
VOTE_Motion passed unanimous
Mayor Pirzynski called for a recess at 8:55 p.m.
15. Appeal-of a Planning Commission decision denying request for
construction of a two story single family home. Property location:
16961 Placer Oaks Road. Property owner: Howell and McNeil
Development. Applicant(appellant: Greg Howell
Staff report made by Randy Tsuda, Assistant Director of Community
Development.
Council Comments
• Clarification regarding the direction from the June 28, 2006
Planning Commission Meeting to the Developmental Review
Committee and applicant relating to the reduction in size of the
proposed project.
• Questioned addressing the size proposals at the second Planning
Commission meeting.
• Questioned the 2,900 square foot home and the size of homes in
the neighborhood.
Open Public Hearing
Greg Howell, applicant/appellant
• Commented regarding the lot line adjustment for the proposed
project.
• Commented that he feels the two proposed homes fit well with the
neighborhood.
• Commented on fulfilling all requirements asked by the Planning
Commission.
• Commented regarding the definition of a neighborhood and what is
considered compatibility.
Public Hearing - Item #15 Continued
Council Comments
• Clarification regarding a cellar or partial cellar.
• Questioned if a partial cellar would widen the proposed setback..
Mr. Spalding, Architect
• Clarified that a partial cellar would raise the proposed home by one
to two feet.
• Commented that with the position of the oak tree any cellar would
J_____ widen the design
Mr. Greene
• Commented regarding the different types of homes in the
neighborhood.
• Commented regarding the Town's General plan relating to the
proposed project.
Mrs. Greene
• Commented on the impacts the proposed project would have on
her home.
• Commented regarding the square footage of the proposed homes,
and the trees which have to be removed.
• Commented that a solid wall will be her view.
• Commented on direction given to the developers from a May, 2006
Planning Commission meeting.
Council Comment
• Questioned if a reduction in square footage would make a
difference.
Mrs. Greene
• Suggested building a courtyard or high windows.
• Would like to see a more creative approach in design.
• Suggested upholding the Planning Commission decision.
Ms. North
• Commented regarding the preservation of the redwood trees.
• Requested that the developer prune the redwood trees on the
property.
Public Hearing - Item #15 Continued
Mr: Jewel
• Requested preserving all the trees on the property.
Mrs. Jewell
• Does not support the proposed project with the current design.
. Reni 1ested nresserviinrr all the trees on the nronerty
y 11 y „ r. r- I. Y.
Mr. Davis
• Commented regarding the size of the proposed homes'in relation to
the neighbor's home.
• Commented on the Town Architect's findings presented in the staff
report.
Ms. Currie
• Commented that she feels the design for the home does not fit with
the lot size.
Mr. Howell, Applicant/Appellant
• Clarified regarding Mr. Davis' comments relating to the Town
Architect's findings.
• Commented regarding the neighbor's concerns relating to the lack
of windows on the north side.
Council Comments
• Questioned at what point in time the neighbors disagreed.
• Commented regarding addressing issues relating landscaping.
• Questioned the compatibility issue relating to the June 27, 2006
Planning Commission meeting.
• Questioned if developers were given direction relating to square
footage.
• Questioned preference of a single story or two story home.
Mr. and Mrs. Greene
• Commented regarding ideas for landscape and privacy.
• Suggested that the developers provide the landscape as part of the
project.
Closed Public Hearing
Public Hearing - Item #15 Continued
Council Discussion
• Commented regarding the FAR-issues relating to the proposed
homes.
• Commented regarding neighborhood compatibility.
• Questioned if there was a Planning Commission error.
• Commented regarding the proposed definition of a neighborhood.
Commented .Ji the disagreements b L.e+ between the neighbors
regarding e neighbors
and the applicants.
Commented-regarding the-square-footage-of--the-two-story-homes-in----
the neighborhood.
• Commented that the project complies with all requirements.
MOTION: Motion by Council Member Diane McNutt to approve the lot line
adjustment on the basis that these are two legal lots.
Seconded by Council Member Steve Glickman.
VOTE: . Motion passed unanimously.
MOTION: Motion by Council Member Diane McNutt to uphold the appeal of
the Planning Commission decision to include the findings in
attachment #2 relating to errors in the part of the Planning
commission decision and to include conditional landscaping to be
done by the applicant.
Seconded by Council Member Steve Glickman.
Council Discussion
• Questioned if applicant would be willing to do some additional
landscaping.
• Commented regarding the definition of neighborhood compatibility.
• Commented regarding compatibility relating to FAR, Setback, and
height.
• Commented regarding the overall square footage relating to other
homes in the neighborhood.
• Questioned if the home is too large for the neighborhood.
• Suggested discussing compatibility with the Planning Commission.
• Questioned the use of averaging FAR in the neighborhood.
Public Hearing - Item #15 Continued
Mrs. Spector will not be supporting the motion and commented for the record
that she feels that the Planning Commission did not error.
VOTE: Vice Mayor Barbara Spector voted no. The other Council
Members voted yes. Motion passed.
OTHER BUSINESS
is evening.
PULLED CONSENT ITEMS
4. Adopt Council Committee Appointments effective January, 2007
Mr. Glickman
Suggested if the Youth Commission needs direction Council could
meet with the commission on a more frequent basis.
Mayor Pirzynski
• Clarified that the role for Vice Mayor and Mayor as representatives
would be to advise the Youth Commission.
Mrs. Figone
Clarified that the role of a periodic check-in with Youth Commission
is a carry over from request by Council from last year.
MOTION: Motion by Council Member Steve Glickman Adopt Council
Committee Appointments effective January, 2007
Seconded by Council Member Diane McNutt.
VOTE: - Motion passed unanimously.
13. Approve Council/Agency minutes of:
a. November 28, 2006 Staff Report
b. December 4, 2006
Mr. Glickman
Requested that the minutes have more dialog relating to the
different positions and key points offered by Council and the public.
Pulled Consent Items - Continued
Mayor Pirzynski
• Suggested that he meet with the Town Manager regarding
variations to action only minutes.
MOTION: Motion by Council Member Steve Glickman to approve
Council/Agency minutes of:
a. November 28, 2nnF;
b. December 4, 2006
Seconded by Vice Mayor Barbara Spector.
VOTE: Motion passed unanimously.
9. Project (07-12) - PPW Job No.06-11 - Blossom Hill Road Sidewalk
Construction - (University Avenue to Roberts Road)
a. Adopt resolution declaring Robert A. Bothman to be the lowest
responsible bidder on the project and awarding a construction
contract in the amount of $153,120
b. Authorize budget adjustment of $36,120 to increase project budget
from $117,000 to 153,120
c. Authorize transfer of $21,441 from Street Re striping Program (0710)
to Blossom Hill Road Sidewalk Project (0712)
d. Authorize transfer of $14,649 from Curb, Gutter and Sidewalk Program
. (0349) to the Blossom Hill Road Sidewalk Project (0712)
Mr. Davis
• Questioned the start of the construction project for sidewalks.along
Blossom Hill Road.
• Commented regarding safe routes to school.
MOTION: Motion by Vice Mayor Barbara Spector to approve Consent Item
#9 Project (07-12) - PPW Job No.06-11 - Blossom Hill Road
Sidewalk Construction - (University Avenue to Roberts Road).
Seconded by Council Member Steve Glickman.
VOTE: Motion passed unanimously
COUNCIL/TOWN MANAGER REPORTS
16. Council Matters
Vice Mayor Spector
• Commented on bringing Sustainable Silicon Valley back for
discussion.
• Requested Manager to agendize the matter.
nMeM by "9ayor Jve Pir~yla "I
Seco.
17. Manager Matters
Ms. Figone
• Announced that Kevin Rohani will fill in as Interim Director of Parks
and Public Works.
ADJOURNMENT
Attest:
Jackie D. Rose, Clerk Administrator