09 Staff Report - Parking Authority/Redevelopment Agency MinutesDRAFT Council/Agency Meeting 05/07/07
Item #
MINUTES OF THE TOWN COUNCIL/PARKING
AUTHORITY/REDEVELOPMENT AGENCY
APRIL 16, 2007
The Town Council of the Town of Los Gatos conducted a Regular Meeting on
Monday, April 16, 2007 at 7:00 P.M.
TOWN COUNCIL/PARKING AUTHORITY/ REDEVELOPMENT AGENCY
BOARD/COMMISSION/COMMITTEE INTERVIEWS
Interviews were held for the following Boards, Commissions, and Committees.
Personnel Board
■ Robert Fabela
■ MarLyn Rasmussen
Rent Advisory Committee
■ Pam Allison
Board, Commission, and Committee appointments will be held at the Town
Council meeting on May 7, 2008.
MEETING CALLED TO ORDER - 7:00 P.M.
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
Melissa Lico, North Valley Baptist School led the Pledge of Allegiance. The
audience was invited to participate.
Mayor Joe Pirzynski
Requested that the community join Council in a moment of silence to remember
the victims of Virginia Tech University.
CLOSED SESSION REPORT
None this evening.
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PRESENTATIONS
Proclamation
American Cancer Society - Relay for Life
Ms. Walky
■ Made a presentation regarding American Cancer Society and the Relay
for Life event.
Commented regarding the various programs offered by the American
Cancer Society.
Ms. Riley
■ Made a presentation regarding her personal experience with cancer and
the upcoming Relay for Life event to raise money for the American Cancer
Society.
Mayor Joe Pirzynski presented a commendation to the American Cancer
Society for the events and volunteer services provided to the community.
TOWN COUNCIL
CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION)
1. Approve amended Town Council/Redevelopment Agency Meeting
Schedule for 2006-2007 Fiscal Year.
2. Adopt resolution for National Arbor Day Proclamation and Annual
Observance. RESOLUTION 2007-036
3. Adopt resolution setting date (May 7, 2007) for consideration of
reorganization of uninhabited area designated "Robie Lane No. 4",
approximately 1.72 acres located at 16310, 16322, 16334 and 16346
Robie Lane (APN: 532-06-031, 030, 029 and 028).
RESOLUTION 2007-037
4. Approve a contract with Ross Drulis Cusenberry Architects to
conduct an architectural feasibility study for a police services
building at 15900 Los Gatos Boulevard.
a. Authorize the Town Manager to amend an agreement with Ross Drulis
Cusenbery.
b. Authorize budget adjustment in the amount of $153,000 for the due
diligence analysis for the potential Police services building funded by
allocating funds described in the fiscal impact section.
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Consent Items - Continued
5. Landscape and Lighting Assessment Districts No. 1 & 2
a. Adopt resolution preliminarily approving the Engineer's Report for
Fiscal Year 2007-2008. RESOLUTION 2007-038
b. Adopt Resolution of Intention to Order the Levy and Collection of
Assessments for Landscape and Lighting No. 1 - Blackwell Drive
Benefit Zone. RESOLUTION 2007-039
c. Adopt Resolution of Intention to Order the Levy and Collection of
Assessments for Landscape and Lighting No. 1 - Kennedy Meadows
Benefit Zone. RESOLUTION 2007-040
d. Adopt Resolution of Intention to Order the Levy and Collection of
Assessments for Landscape and Lighting No. 1 - Santa Rosa Heights
Benefit Zone. RESOLUTION 2007-041
e. Adopt Resolution of Intention to Order the Levy and Collection of
Assessments for Landscape and Lighting No. 1 - Vasona Heights
Benefit Zone. RESOLUTION 2007-042
f. Adopt Resolution of Intention to Order the Levy and Collection of
Assessments for Landscape and Lighting No. 1 - Hillbrook Drive
Benefit Zone. RESOLUTION 2007-043
g. Adopt Resolution of Intention to Order the Levy and Collection of
Assessments for Landscape and Lighting No. 2 - Gemini Court Benefit
Zone. RESOLUTION 2007-044
6. PPW Job No. (07-13) - Tait Museum Roof Replacement Project adopt
resolution approving plans and specifications for the Tait Museum
roof replacement project and authorize staff to advertise the project
for bid. RESOLUTION 2007-045
7. PPW Job No. (06-09) - Project 0706 - FY 06-07 CDBG Funded ADA
Improvements Adopt resolution approving plans and specification of
the Recreation Department ADA Restroom Project and authorize staff
to advertise the project for bid. RESOLUTION 2007-046
8. PPW Job No. (07-14) - Project 0406 - Villa Avenue Retaining Wall
Replacement Project Adopt resolution approving plans and
specification of the Villa Avenue retaining wall replacement project
and authorize staff to advertise the project for bid.
RESOLUTION 2007-047
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Consent Items - Continued
TOWN COUNCIL/REDEVELOPMENT AGENCY
9. Approve Council/Agency minutes of April 2, 2007.
MOTION: Motion by Council Member Steve Glickman to approve Consent
Items #1-9.
Seconded by Vice Mayor Barbara Spector.
VOTE: Motion passed unanimously.
VERBAL COMMUNICATIONS
Mr. Silva
■ Would like to see guidelines and standards in place to keep the soil in
Town as part of being a green city.
■ Commented on the impact to Town roads when many semi trucks are
required to export the soil.
Mr. Davis
■ Would like to see the Town post signs prohibiting children in diapers from
using the fountain at Town Plaza.
■ Commented that he feels that there is a conflict of interest regarding his
interpretation of a statement made by Council Member McNutt during the
DeSantis public hearing at a prior Council meeting.
Council Member McNutt
■ Read a verbatim of her statement from a previous meeting relating to the
DeSantis public hearing.
Mr. Davis received a first warning for disturbing the meeting.
Ms. Deloumi
■ Commented regarding the sale of the Town's property to Vasona and
suggested that the money be used for active recreation-related projects in
the Town.
■ Commented regarding funding for A Place for Teens, soccer fields and the
skate park.
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Verbal Communication - Continued
Mr. Byron
■ Commented regarding a discussion during the Council Policy Committee
meeting relating to the size of plaques for donors.
■ Commented that small sized plaques limit funding possibilities from large
organizations.
Council Member McNutt
■ Clarification that the Council Policy Committee is currently discussing this
policy and that a recommended policy will be brought forward for Council
discussion and community comment.
■ May 21, 2007 is the target date for the recommended policy to return to
Council for discussion.
PUBLIC HEARINGS
10. Consider an appeal of a Planning Commission decision denying a
request to construct a new single-family residence on property zoned
R-1:20. APN 529-31-041. Architecture and Site Application 5-07-21.
Property location: Reservoir Road (Lot 3). Property owner: Mark Von
Kaenel & Dianne Robinson. Applicant/appellant: Tony Jeans, T.H.I.S.
Design. RESOLUTION 2007-048
Staff report made by Randy Tsuda, Assist Director of Community Development.
Council Comments
■ Questioned requirements regarding landscaping around the pool and the
building envelope.
■ Clarification regarding the intent of the previous Council ruling relating to
the building envelope.
■ Questioned the purpose of building envelopes.
■ Questioned if the ancillary structures such as pools and tennis courts are
included as part of the Least Restricted Development Area (LRDA).
■ Clarification whether the Planning Commission should be guided by
Council discussion or whether they should be obligated to look only at the
written outcome of the discussion and Resolution that Council adopted.
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Public Hearing Item #10 - Continued
Open Public Hearing
Mr. Jeans, Appellant
■ Commented regarding the technical issues relating to the proposed
project.
■ Commented on the Planning Commission meeting regarding the proposed
project.
■ Commented that he felt that the Planning Commission could not
determine Council's intention relating to the building envelope.
■ Commented regarding the reduction in square footage of the home.
• Commented on the reductions to the driveways and that the garages
are no longer facing the street.
■ Commented regarding the change in the footprint of the home to avoid
removal of more trees.
■ Commented on reducing the grading on the property.
■ Requested that Council approve the project and also clarify the rules
relating to the building envelope.
■ Requested allowance of a tree removal permit prior to the building permit.
■ Commented regarding the interpretation of Council's decision relating to
the prior approval of the subdivision and building envelope.
Council Comments
■ Questioned the amount of dirt to be exported from the proposed project.
■ Questioned if it would be a possibility to reduce the export and place the
soil back on the site.
Question if it would be possible to reduce the parking bay.
Mr. Jeans
■ Commented that they could reduce the amount of export of soil and would
work with staff to do so.
■ Commented regarding the reduction of the parking bay.
■ Commented that the proposed parking bay will be invisible with the
appropriate landscape design.
Ms. Kankel
■ Commented that the design protects the trees and the design is a nice
plan.
■ Commented that she is a neighbor and supports the proposed project.
Mr. Davis
■ Commented that the home is in compliance with the General Plan.
■ Commented that he feels that the roof on one side of the proposed project
could be reduced.
■ Commented regarding the foundation relating to the proposed home.
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Public Hearing Item #10 - Continued
Ms. Quintana
■ Clarification regarding the definition of the mitigation relating to
demolishing and preservation of the rock wall.
■ Commented regarding the negative declaration relating to the impacts of
removing the rock wall.
Mayor Joe Pirzynski
• Clarified regarding the wording in the Negative Declaration relating to the
rock wall.
■ Clarified regarding preservation and the re-use of the rock walls and
stairways which was incorporated into the proposed project.
Mr. Jeans, Appellant
■ Clarified the foundation design relating to the proposed project.
■ Commented that they are replacing the rock walls with sturdier walls which
will be built with rocks from the property.
Closed Public Hearing
Council Discussion
■ Clarification regarding the various landscaping options around the parking
bay.
■ Questioned the required setbacks relating to trees.
■ Questioned working with applicant to reduce the export of soil.
■ Questioned the possibility of an addition to the Conditions of Approval to
add the tree removal permit with no further impacts to the environment
and trees.
■ Commented on complying with the resolutions and ordinances relating to
the proposed project.
■ Commented that the proposed project follows the Hillside Standards and
Guidelines.
■ Commented that the house and pool follow the LRDA Guidelines.
■ Commented regarding the language relating to the rock wall.
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Public Hearing Item #10 - Continued
MOTION: Motion by Council Member Diane McNutt to grant the appeal of a
Planning Commission decision denying a request to construct a
new single-family residence on property zoned R-1:20. APN 529-
31-041. Architecture and Site Application S-07-21. Property
location: Reservoir Road (Lot 3). Property owner: Mark Von
Kaenel & Dianne Robinson. Applicant/appellant: Tony Jeans,
T.H.I.S. Design.
The basis for granting the appeal includes:
■ Policy interpretation by Council and not error on the part of
the Planning Commission.
The Required findings include:
■ The project is categorically exempt pursuant to Section
15303 of the State Environmental Guidelines as adopted by
the Town.
■ The exception to the Hillside Development Standards and
Guidelines is justified.
■ The project is in compliance with the Hillside Standards and
Guidelines.
Motion to include:
■ An addition to the Conditional Use Permit to approve a tree
removal permit prior to issuing the building permit.
Seconded by Council Member Steve Glickman.
Council Discussion
■ Commented regarding a condition of approval relating to the rock wall.
■ Commented regarding the building envelope relating to the proposed
project.
• Commented that the removal of dirt complies with the Hillside Standards
and Guidelines.
■ Would like to see staff work with the applicant to reduce removal of dirt.
■ Commented that Council clarified the provisions relating to the Planning
Commission discussion.
■ Commented regarding the footprint of the proposed home and the rock
wall.
VOTE: Motion passed unanimously.
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Public Hearing Item #11 - Continued
11. Consider a request to modify a Conditional Use Permit for a
restaurant with alcohol service (Viva Primavera) to expand the hours
of operation, modify the outdoor patio dinning area, expand to an
adjacent tenant space (formerly High Tech Burrito), expand to full
liquor for Viva A Go-Go and allow service of alcohol in the outdoor
seating area for Viva A Go-Go, and expand approved entertainment on
property zoned C-1. APN 523-01-012 and 013. Conditional Use Permit
U-07-006. Property location: 15960 and 15970 Los Gatos Boulevard.
Property owner: Colg, LP. Applicant: Viva Primavera, LLC.
RESOLUTION 2007-049
Staff report made by Randy Tsuda, Assistant Director of Community
Development.
Council Comments
■ Clarification relating to current entertainment use at the establishment.
■ Clarification regarding occasional incidental music as part of a proposed
Conditional Use Permit.
■ Questioned if the Town has any high turn over restaurants with
entertainment.
■ Clarification regarding future businesses at that location.
■ Questioned if the Viva A Go-Go side of the business would be locked in to
the 16 seats as the current modification allows.
• Questioned if the alcohol permit would run with the land or the business.
■ Clarification if the Conditional Use Permit covers the business as one
establishment.
■ Clarification if the existing Conditional Use Permit allows entertainment.
• Clarification if the establishments are two separate establishments.
• Clarification if the application is to create a new establishment or
modifying the existing use permit.
■ Commented regarding the exceptional record with alcohol service at the
restaurant.
■ Questioned if a new Conditional Use Permit would be required if there was
an abuse of alcohol.
■ Commented regarding a full liquor license with entertainment.
■ Questioned if there would be full liquor on both sides of the wall.
Staff Comments
Mr. Tsuda
■ Clarified the provisions relating to Conditional Use Permit
modifications.
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Public Hearing Item #11 - Continued
Council Comments
■ Questioned the intent relating to the to-go process for Viva A Go-Go.
• Clarification regarding the alcohol impact for Viva A Go-Go.
■ Clarification regarding the expansion of the current establishment.
■ Questioned if a business could ask for a special event permit to extend
hours for an occasion.
■ Clarification if language could be added to specify certain hours of
operation.
■ Questioned if an alcohol license could be limited to just Viva and not to
Viva A Go-Go.
Ms. Figone
■ Clarified the use of the Special Event Permit process.
Open Public Hearing
Mr. Hansen and Mr. Jacob, Applicants
■ Commented that they are considering the establishment as one business.
■ Commented regarding the intention for the Viva A Go-Go part of the
establishment.
■ Commented that there have been no complaints from the neighbors or the
police department.
■ Commented regarding Viva's restaurant policies dealing with alcohol.
■ Commented regarding the purchase of food with alcohol beverages.
• Commented regarding the current number of seats available for the
restaurant.
Mr. Everly
■ Commented on supporting the application for Viva A Go-Go.
Mr. Gerston
■ Commented on supporting the application for Viva A Go-Go.
■ Commented that the establishment is a quality restaurant.
■ Would like to see the music continue at the restaurant.
Mr. Hansen and Mr. Jacob, Applicants
• Commented that Viva and Viva A Go-Go are considered as one high
quality restaurant.
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Public Hearing Item #11 - Continued
Council Comments
■ Questioned if Viva A Go-Go would be considered as an extension of the
current restaurant.
■ Questioned if the applicant would accept limiting the extended hours of
operation.
■ Commented that the hours of operation should not impact the
neighborhood.
Closed Public Hearing
Council Discussion
■ Commented that there are no traffic impacts relating to the application.
■ Commented that the restaurant is considered a high quality establishment.
■ Recommended that staff work with applicant to determine which national
holidays would accommodate the extended hours.
■ Commented that the liquor license would be considered as an expansion
of the current white table cloth, high quality restaurant.
■ Questioned the use of the Viva A Go-Go portion of the restaurant.
■ Clarification regarding the Town's ordinance relating to quality restaurants
and high turn over restaurants.
■ Requested clarification regarding the operation of the Viva A Go-Go
portion of the restaurant in terms of services they will offer.
■ Clarification regarding the restaurant's take-out operation.
■ Commented regarding the entertainment issues and stated that the
restaurant does not currently have entertainment in their Conditional Use
Permit.
■ Commented that the Conditional Use Permit goes with the land.
■ Commented on consistency with all establishments in Town relating to
music and alcohol.
■ Clarification regarding the use of non-amplified music.
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Public Hearing Item #11 - Continued
MOTION: Motion by Council Member Diane McNutt approve a Conditional
Use Permit for a restaurant with alcohol service (Viva Primavera) to
expand the hours of operation, modify the outdoor patio dinning
area, expand to an adjacent tenant space (formerly High Tech
Burrito), expand to full liquor for Viva A Go-Go and allow service of
alcohol in the outdoor seating area for Viva A Go-Go, and expand
approved entertainment on property zoned C-1. APN 523-01-012
and 013. Conditional Use Permit U-07-006. Property location:
15960 and 15970 Los Gatos Boulevard. Property owner: Colg, LP.
Applicant: Viva Primavera, LLC.
Motion to include the required findings:
■ The proposed uses of the property are essential or desirable
to the public convenience or welfare; and
■ The proposed uses will not impair the integrity and character
of the zone; and
■ The proposed uses would not be detrimental to public
health, safety or general welfare; and
■ The proposed uses of the property are in harmony with the
various elements or objectives of the General Plan and the
purposes of the Town Code.
As required by the Town's Alcohol Policy:
• Late night service will not adversely impact adjacent
residential neighborhoods;
■ The applicant does not have a history of complaints and
non-compliance with local ordinances or the Alcohol
Beverage Policy; and
• The applicant demonstrates a clear benefit to the
community.
Motion also to include
■ The modified Conditions of Approval as stated in the
staff report; and
■ Modify the extended hours of operation to read 6:30
p.m. - 1:00 a.m. for 6 holidays throughout the year.
Seconded by Council Member Steve Glickman.
Council Discussion
• Council Member Glickman asked the maker of the motion if the
Conditions of Approval could designate the holidays.
• Council Member Spector suggested removing the "other live music"
phrase from the Conditional Use Permit.
• The Maker of the motion declined regarding the requests.
• Council Member Spector stated she would not be supporting the motion
as it stands.
VOTE: Motion passed 4/1. Vice Mayor Barbara Spector voting no.
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OTHER BUSINESS
None this evening.
COUNCIUTOWN MANAGER REPORTS
12. Council Matters
Mayor Joe Pirzynski
■ Commented regarding the status of the upcoming Neighborhood meetings
which will update the community regarding emergency preparedness, the
Civic Center Master Plan and General Plan.
Council Member Glickman
■ Commented regarding an excellent Commission Retreat which was held
on April 14, 2007.
13. Manager Matters
None this evening.
ADJOURNMENT
Attest:
Jackie D. Rose, Clerk Administrator
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