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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