Loading...
05 Staff Report - Parking Authority/Redevelopment Agency MinutesDRAFT Council/Agency Meeting 08/20/07 Item # MINUTES OF THE TOWN COUNCIUPARKING AUTHORITY/REDEVELOPMENT AGENCY AUGUST 6, 2007 The Town Council of the Town of Los Gatos conducted a Regular Meeting on Monday, August 6, 2007 at 7:00 P.M. TOWN COUNCIUPARKING 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 Pillar Svensen led the Pledge of Allegiance. The audience was invited to participate. CLOSED SESSION REPORT CONFERENCE WITH LEGAL COUNSEL - PENDING LITIGATION (Government Code Section 54956.9fal) William Langer v The Town of Los Gatos Mr. Korb stated that direction was given and no action was taken. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Government Code Section 54956.8) Property: Vasona Property Negotiating parties: Town of Los Gatos (Negotiator: Pamela Jacobs, Interim Town Manager) County of Santa Clara (Negotiator: Pete Kutras, County Executive) Under negotiation: Price and terms of payment Mr. Korb stated that direction was given and no action was taken. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Government Code Section 54957) Title: Interim Town Manager & Special Advisor to Town Council Mr. Korb stated that direction was given and no action was taken. ANNOUNCEMENTS Town of Los Gatos 120 Year Anniversary Mayor Pirzynski ■ Announced the Town's 120th anniversary. ■ Reflected on 120 years of history in the Town of Los Gatos. Execution of Climate Protection Agreement Mayor Joe Pirzynski ■ Stated that he signed U.S. Conference of Mayors Protection Agreement on behalf of the Town. TOWN COUNCIL CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION) 1. Ratify payroll for the months of: a. June 2007 b. July 2007 2. Ratify Accounts payable for the month of June 2007 3. Approve Halloween Costume Cat-Walk proposal and identify a funding source not to exceed $1,000 4. Accept report on Town Manager approved actions during Council recess 5. Approve Council Study Session minutes of June 18, 2007 6. Appoint Mayor Joe Pirzynski as the primary voting delegate and Vice Mayor Barbara Spector, Pamela Jacobs, Interim Town Manager and Jenny Haruyama, Administrative Programs Manager as the alternate voting delegates for the League of California Cities Annual Conference scheduled for September 5-8, 2007 in Sacramento, California 7. Adopt resolution approving the Management Compensation Plan for Fiscal Year 2007/08. RESOLUTION 2007-092 2 Consent Items - Continued 8. Adopt resolution approving the Town of Los Gatos to authorize investment of monies in the Local Agency Investment Fund RESOLUTION 2007-093 9. Adopt resolution granting an appeal of a Planning Commission decision denying modification of an approved Architecture & Site application relating to grading and landscape improvements on property zoned HR-2'/2. Architecture and Site Application S-06-066. APN 537-24-013 Property Location: 15350 Suview Drive Property Owner/Applicant/Appellant: Charles Hackett RESOLUTION 2007-094 10. Adopt resolution approving a request for approval to modify an existing Conditional Use Permit to allow service of beer and wine with meals (Main Street Burgers) on property zoned C-2. Property location: 20 S. Santa Cruz Avenue, Suite 200 File #U-07-142 Property owner: John Feece, Sierra Management Applicant: Ed Rathmann RESOLUTION 2007-095 11. Improved Radio Frequency Identification Self-Service a. Authorize the Interim Town Manager to negotiate and execute an agreement with "W" for the purchase of one Radio Frequency Identification Security and Self- Check Software System and equipment for the Library Department in an amount not to exceed $131,180 b. Authorize FY 2007/08 budget adjustment in the amount of $16,180 establishing a transfer of appropriations from the Town's Management Information Systems (MIS) Fund to the Town's General Fund Appropriated Reserves (GFAR) Capital Projects Fund, bringing total authorized project appropriations to $131,180 for the RFID Project 12. PPW Job No. 04-68 - Federal Project BRLO-5067 (012) - Replacement of Roberts Road Bridge at Roberts Road over Los Gatos Creek, 0.10 Miles South of Blossom Hill Road). Adopt resolution authorizing Interim Town Manager to execute a Program Supplement Agreement and a revised Master Agreement with the State of California Department of Transportation RESOLUTION 2007-096 Consent Items - Continued 13. Abatement of Hazardous Vegetation (Weeds) a. Consider the report of the County Agricultural Commissioner's Office that all identified properties achieved voluntary compliance with regard to the abatement of hazardous vegetation for the 2007-2008 season b. Take no further action 14. Abatement of Hazardous Vegetation (Brush) a. Consider the report of the County Agricultural Commissioner's Office that all identified properties achieved voluntary compliance with regard to the abatement of hazardous vegetation for the 2007-2008 season b. Take no further action 15. Adopt resolution authorizing the Interim Town Manager to negotiate and execute an agreement with Attevo, Inc. to enhance the Community Development Department Permit Tracking System RESOLUTION 2007-097 REDEVELOPMENT AGENCY 16. Ratify Accounts Payable for the month of June 2007 TOWN COUNCIUREDEVELOPMENT AGENCY 17. Approve Council/Agency minutes of June 18, 2007 18. Adopt resolution authorizing the Interim Town Manager to execute contract with Ross Drulis Cusenbery Architects to prepare construction drawings for the Police services building at 15900 Los Gatos Boulevard RESOLUTION 2007-098 4 Consent Items - Continued Consent Item #17 was pulled by Mr. Davis. Mayor Joe Pirzynski stated that pulled Consent Item #17 will be heard after Other Business this evening. MOTION: Motion by Council Member Steve Glickman to approve Consent Items #1-16 and Consent Item #18 Seconded by Council Member Diane McNutt. VOTE: Consent Items #1-8, #11-16, and #18 carried 5/0. Consent Item #9 Carried 4/0 - Council Member Barbara Spector recused herself due to her association with the Hackett Family. Consent Item #10 carried 4/0 - Council Member Mike Wasserman recused himself due to the location of his residence. VERBAL COMMUNICATIONS Mr. Davis • Questioned if Mr. Kutras was present at the Closed Session discussion about the Vasona property. • Commented on language in the Vasona lease agreement between the County and the Town regarding park improvements which would become Town property. Closed Verbal Communications PUBLIC HEARINGS 19. Consider a request to change zoning from CH to CH:PD, merge lots, and construct a new commercial building on properties zoned CH. No significant environmental impacts have been identified as a result of this project and a Mitigated Negative Declaration is recommended. APNS: 424-17-038 and 041 Planned Development Application PD-06- 05 Negative Declaration ND-07-09. Property location: 15200 Los Gatos Boulevard. Property owner: John Aiassa/Westwood Company- Hamlin, LLC Applicant: Hwai Chen & Kenneth Rodrigues/Kenneth Rodrigues and Partners Staff report made by Bud Lortz, Director of Community Development. Public Hearing #19 - Continued Council Comments • Questioned if the lighting issues would be reviewed in more detail during the Architecture and Site process. • Clarified that the light fixture design would eliminate light spilling into the neighbors' yards. • Clarification on the amount of seating stated in staff report. • Questioned the location of the trash receptacles and if they would be located near the neighbors' fence lines. • Inquired about traffic flow impacts at the Lark Avenue/Los Gatos Boulevard intersection. • Questioned if there would be street access to Los Gatos Boulevard for the proposed restaurant and retail stores. • Questioned if each retail unit would have pedestrian access from Los Gatos Boulevard. • Questioned if the Conditional Use Permit for the retail stores would define hours of operation. • Suggested that hours of operation should be the same as other retail/restaurants on Los Gatos Boulevard. • Clarified that the Planning Commission approved 99 seats for a proposed restaurant at that location. • Clarification that concerns raised by the Planning Commission would be monitored by the Commission. • Questioned if there would be less parking if a turn-around zone was added to the proposed project. • Questioned how applicant will mitigate noise issues raised by the resident. Open Public Hearing Mr. Rodrigues, Applicant/Architect • Commented that they have worked with staff, Planning Commission and the neighborhood to develop the proposed design. • Commented that the Town's height requirement is very specific and requested 6" flexibility as they approach the construction stage. • Commented that the proposed design height is below what is required in the current Boulevard guidelines. • Requested that Council allow applicant to move forward with the Architecture and Site review process. 6 Public Hearing #19 - Continued Council Comments • Questioned the importance of the 6" height extension. • Questioned if lowering the height would make a difference to the visibility of the hillsides. • Clarified the location of the building and the view line of the hillside. • Questioned the location and design of the trash receptacles. Mr. Fisher • Commented that Los Gatos is special primarily due to its neighborhoods. • Expressed support for the proposed project. • Commented that Council should monitor hours of operation for service deliveries and after hours clean-up. • Commented that he would like to see the construction end between 5:00 or 6:00 p.m. • Would like to be shielded from the lights and noise which would be generated from a restaurant. Mr. Bawden • Commented that he supports the project. • Commented that he is concerned about the type of restaurant with late hours, music, noise, and after hours cleaning. • Suggested negotiating time limits for garbage pick-up, deliveries and cleaning during the evening. Mr. Davis • Questioned if Council Member Diane McNutt received a donation from Ken Rodrigues/KRP Architects. • Questioned if a late hour restaurant would impact quality of life for the neighborhood. Ms. Quintana • Commented that the proposed Planned Development application does not fully address the type of restaurant, hours of operation and other issues relating to land use. • Questioned whether or not the architectural drawings or the foot print are part of the Planned Development. Mr. Lortz • Commented that the development plans are conceptual in nature. The final building footprint and building design will be determined during the Architectural and Site approval process. 7 Public Hearing Item #19 - Continued Council Comments • Clarified that the design and location of the dumpster will remain at the location stated on the proposed plans. Ken Rodrigues, Applicant • Requested that Council approve the Planned Development so they could move forward with the Architecture and Site application process. Council Comments Questioned applicant about the type of patrons the restaurant would serve. • Inquired whether the hours of operation and construction are a part of the Planned Development application or the Architecture and Site application. • Clarified whether staff could add the applicant's request for 6" flexibility to the Planned Development. Mr. Rodrigues, Applicant • Clarified that the intended restaurant space is pedestrian-oriented and will attract residents from the neighborhood as well as other areas. • Commented that the neighbors are proud of the design. John Aiassa Commented that the proposed building is pedestrian-oriented. Mr Lortz • Clarified about the functional issues related to the entrances of the proposed building. • Recommended that all windows facing Los Gatos Boulevard should be functional display windows. • Recommended that all businesses with a tenant space fronting Los Gatos Boulevard will have pedestrian doors with the exception of financial institutions. • Proposed the following revisions to Condition #4: Should access to the northerly driveway be terminated, the property owner shall immediately implement the alternate master plan shown on sheet A-8 of the development plans and reduce the number of restaurant seats as required by code based on available parking. • Commented that the Town currently does not allow any new entertainment, and that an entertainment ordinance will be considered by Council in the future. 8 Public Hearing Item #19 - Continued Mr. Korb • Clarified that the hours of operation would be addressed during the Architecture and Site application process. • Stated that hours of construction could only be changed by amending the existing ordinance. Closed Public Hearing Council Discussion • Questioned if staff could modify the Planned Development to allow the 6" height flexibility if required by construction. MOTION: Motion by Vice Mayor Barbara Spector to uphold the Planning Commission's recommendation and approve the Planned Development Application PD-06-05 Motion to include: • The Architecture and Site Application process expedited to the Planning Commission. Amendments to the Planned Development to include: • All windows facing Los Gatos Boulevard shall be functional display windows. • All businesses with a tenant space fronting Los Gatos Boulevard shall have functional and operational pedestrian doors with the exception of financial institutions • In regards to Condition #4, the language is revised to read: Should access to the northerly driveway be terminated, the property owner shall immediately implement the alternate master plan shown on sheet A-8 of the development plans and reduce the number of restaurant seats as required by code based on available parking. • Up to 6" height may be added for technical design reasons as may be determined during the Architecture and Site process and recommended by the Director of Community Development. Seconded by Council Member Diane McNutt. 9 Public Hearing Item #19 - Continued Council Discussion • Commented on the guidelines of the Architecture and Site process and stated that the items addressed under this process are much broader. • Commented that the Architecture and Site process will address problems including lighting, dumpsters, and the property access. • Suggested that the Architecture and Site process be expedited. • Commented regarding the 360 degree visibility for the store fronts. • Commented that there was a clear expectation from the Planning Commission that the Architecture and Site process go directly to the Commission, and that the process of allowing applicants to go to the Development Review Committee for Architecture and Site applications when the Planned Development stage provides significant architectural detail will continue. • Asked the maker of the motion if the plans submitted in the Council packet could guide the Architecture and Site process. VOTE: Motion passed unanimously. MOTION: Motion by Vice Mayor Barbara Spector to make the Negative Declaration (Attachment #4 of the staff report) Seconded by Council Member Diane McNutt. VOTE: Motion passed unanimously. MOTION: Motion by Vice Mayor Barbara Spector to adopt the Mitigation Monitoring Program (Attachment #2 in the staff report) Seconded by Council Member Diane McNutt. VOTE: Motion passed unanimously. MOTION: Motion by Vice Mayor Barbara Spector to make the required findings (Attachment #1 of the staff report) and to approve subject to the conditions included in the Planned Development Ordinance (Attachment #3 of the staff report) Seconded by Council Member Mike Wasserman. VOTE: Motion passed unanimously. 10 Public Hearing Item #19 - Continued Mayor Joe Pirzynski directed Jackie Rose, Clerk Administrator, to read the title of the ordinance. MOTION: Motion by Council Member Steve Glickman to waive the reading of the ordinance. Seconded by Council Member Mike Wasserman. VOTE: Motion passed unanimously. MOTION: Motion by Council Member Mike Wasserman to introduce the ordinance to effectuate Planned Development PD-06-05. Seconded by Council Member Steve Glickman. VOTE: Motion passed unanimously. OTHER BUSINESS 20. Approve the work plan for parks, open space and trails inventory Staff report made by Bud Lortz, Director of Community Development. Council Comments • Questioned the cost and need to use a new consultant, and if the Town could utilize the 2004 assessment report to save money. Mr. Lortz Clarified that the open space, trails, and private uses were not part of the 2004 assessment. Council Comments • Inquired whether the assessment would include where the Town stands with recreational needs in comparison to other communities. • Suggested shared use of the Teen Center and the high school swimming pool. • Suggested gathering information so discussion could be held to possibly operate the Teen Center as a Town service. • Suggested that the assessment include facilities with indoor and outdoor recreational uses and what public and private facilities have to offer. • Expressed concerns about the cost for the inventory. 11 Other Business Item #20 - Continued Council Comments - Continued • Commented that as a community our intent should be to provide more recreational facilities. • Discussed current resources available to the Town as it relates to playing fields. Mr. Lortz • Clarified that the work plan will provide an inventory of private and public recreation facilities, parks, open space and trails. • Suggested obtaining background information from other cities related to recreational uses, and that information would be available for review upon request. Council Comments • Questioned including facilities that charge a fee for usage. • Commented on the uniqueness of Los Gatos and that the survey should not include other communities. • Commented that other cities provide recreation services. • Stated that the Town has a partnership with the Recreation Department and the Teen Center. • Requested that the inventory include available recreational use facilities and fields in Town. Open and Close Public Comment Council Discussion MOTION: Motion by Mayor Joe Pirzynski to approve the work plan for parks, open space and trails inventory. Seconded by Council Member Steve Glickman. VOTE: Motion passed unanimously. 12 PULLED CONSENT ITEM #17 Approve Council/Agency minutes of June 18, 2007 Mr. Davis • Commented that the June 18, 2007 minutes did not adequately reflect his comments about a $20,000 donation from Sobrato Properties. • Requested that the Town impose a lower speed limit at Massol Avenue and Highway 9. Council Discussion • Suggested that it would be helpful if the minutes could better summarize Council statements indicating the Council Member's position on a particular issue. MOTION: Motion by Council Member Diane McNutt to approve Council/Agency minutes of June 18, 2007 with the change forwarded in the desk item. Seconded by Vice Mayor Barbara Spector. VOTE: Motion passed unanimously. COUNCIL/TOWN MANAGER REPORTS 21. Council Matters Mayor Joe Pirzynski • Announced that the Town Council in the Neighborhood Meeting will be held at Shir Hadash on August 27, 2007. • Topics for discussion will include: • General Plan Update • Library Development Project • Los Gatos Prepared Council Member Mike Wasserman • Clarified that the street sweeping services will no longer be scheduled for Monte Sereno, and suggested that the resources be shifted to downtown maintenance. 13 22. Manager Matters Orry Korb, Town Attorney • Spoke about the disclosure of the Closed Session related to the Vasona property. • Commented that the Brown Act requires Council to disclose the names of the negotiating party, but does not allow the negotiating party in closed session. Therefore Mr. Kutras could not legally be present during the closed session. • Stated that the Verizon building keys have been delivered to the Town and the transaction is complete. ADJOURNMENT Attest: Jackie D. Rose, Clerk Administrator 14