12 Staff Report - Parking Authority/Redevelopment AgencyDRAFT Council/Agency Meeting 01/22/08
Item #
MINUTES OF THE TOWN COUNCIL/PARKING
AUTHORITY/REDEVELOPMENT AGENCY
DECEMBER 17, 2007
The Town Council of the Town of Los Gatos conducted a Regular Meeting on
Monday, December 17, 2007 at 7:00 P.M.
TOWN COUNCIUPARKING AUTHORITY/REDEVELOPMENT AGENCY
MEETING CALLED TO ORDER
ROLL CALL
Present: Mayor Barbara Spector, Vice Mayor Mike Wasserman, Council
Member Steve Glickman, Council Member Joe Pirzynski, and Council Member
Diane McNutt.
Absent: None.
PLEDGE OF ALLEGIANCE - LED BY FUTURE LEADER
Mayor Barbara Spector led the Pledge of Allegiance. The Audience was invited
to participate.
BOARDS/COMMISSION/COMMITTEES APPOINTMENTS
• Architectural Standards Committee (1 vacancy; 1 applicant)
• Arts Commission (5 vacancies; 6 applicants)
• Arts Selection Panel (2 vacancies; 1 applicant)
• Building Board of Appeals (3 vacancies; 3 applicants)
• Community Services Commission (4 vacancies; 5 applicants)
• General Plan (1 vacancy; 1 applicant
• Historic Preservation Committee (1 vacancy; 4 applicants)
• Library Board (1 vacancy; 3 applicants)
• Parks Commission (3 vacancies; 8 applicants)
• Personnel Board (1 applicant; 1 applicant)
• Planning Commission (2 vacancies; 5 applicants
• Transportation and Parking (3 vacancies; 2 applicants)
PRESENTATION
Commendation Police Canines
Mayor Barbara Spector presented Corporal Erin Lunsford and Eddie, and
Sergeant Sam Wonnell and Quarz with a commendation for their excellent
performance as Canine Officers for the Los Gatos-Monte Sereno Police
Department.
Mayor Barbara Spector
• Commented on the acceptance of an $8,000 donation from Society Dog to
support the purchase and training of a police dog for the Los Gatos-Monte
Sereno Police Department.
• Thanked the Society Dog organization for the donation and support in the
community.
TOWN COUNCIL
CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION)
1. Ratify payroll for the month of November, 2007.
2. Ratify accounts payable for November, 2007.
3. Approve Council minutes of November 7, 2007 Town Council/Planning
Commission Retreat.
4. PPW Job No. 07-04 - Fiscal Year 2007-08 Annual Street Repair and
Resurfacing Project 400-0352 Adopt resolution approving plans and
specifications for the annual street repair and resurfacing project and
authorize staff to advertise the project for bid. RESOLUTION 2007-128
5. Adopt resolution authorizing the Interim Town Manager to execute a
second amendment to the agreement between the Town of Los Gatos
and the City of Campbell until June 30, 2009 to increase the fee for
underground utility locating services from $65.00 to $75.00/per USA
inspection. Resolution 2007-129
6. Adopt resolution authorizing the Interim Town Manager to execute a
second amendment to the Professional Consultant Services
Agreement with Harris & Associates to extend the agreement until
June 30, 2008 for providing engineering support services.
RESOLUTION 2007-130
Consent Items - Continued
TOWN COUNCIUREDEVELOPMENT AGENCY
15. Approve Council/Agency minutes of December 3, 2007.
16. Consider adopting resolution approving the 2006/07 Annual Report
for the Los Gatos Redevelopment Agency. RESOLUTION 2007-136
Council Member McNutt recused from Consent Item #4 due to the fact that she
resides within 500 feet of the project.
Mr. Davis pulled Consent Item #3.
Mayor Barbara Spector stated that the pulled Consent Item #3 would be heard
after the Public Hearing this evening.
MOTION: Motion by Council Member Steve Glickman to approve
Consent Items #1, #2 and #4-16.
Seconded by Vice Mayor Mike Wasserman.
VOTE: Motion passed unanimously for Consent Items #1, #2
and #5-16.
Consent Item #4 carried 4/0. Council Member Diane
McNutt recused due the fact that she resides within 500 feet
of the project.
CLOSED SESSION REPORT
Mr. Korb stated that Council did not meet in Closed Session this evening.
VERBAL COMMUNICATIONS
Mr. Knopf
• Commented that a prior Town survey recommended converting the vacant
land on Miles Avenue to a parking lot, which was later implemented.
• Commented that the community uses the Miles Avenue.parking Lot.
• Commented that he is against converting the parking lot to a skate park.
Verbal Communication - Continued
Mr. Decker
• Commented against Measure D.
• Commented on the concept of a skate park that was previously proposed
to the community.
• Commented on privately funded programs that benefit the community.
• Commented on the lack of parking in the downtown area.
• Commented that Measure D is a poor use of public funds.
Closed Verbal Communications
Mayor Barbara Spector
• Commented on the public hearing process for this evening.
• Called for a brief recess at 7:51 p.m.
• Meeting resumed at 8:00 p.m.
PUBLIC HEARINGS
17. Consider a request for approval to change the zone from R-1:8 to R-
1:8:PD for a seven lot subdivision, for a lot line adjustment between
two parcels zoned R-1:8 and approval to demolish a single family
residence. No significant environmental impacts have been identified
as a result of this project and a Mitigated Negative Declaration is
recommended. APNS 523-25-020 and 036. Planned Development
Application PD-05-02, Architecture and Site Application S-06-050 and
Negative Declaration ND-07-07. Property location: 15881 Linda
Avenue and 15950 Stephenie Lane. Owners: Jennifer Den Daas and
Dan Blue. Applicant: Linda Court Partners
Staff report made by Bud Lortz, Director of Community Development.
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Public Hearing Item #17 - Continued
Mr. Guzzetti, Applicant
• Commented that the proposed Planned Development was passed by the
Planning Commission on October 10, 2007.
• Commented about the Architectural and Site review process.
• Commented that the Planning Commission had five architectural issues
relating to the proposed Planned Development.
• Commented that the applicants agreed to sufficient vegetation screening,
a retaining wall, and a 6 foot fence between the house on lot 1 and the
easterly property line.
• Commented that the applicants agreed to recess the garage doors on lots
1 and 2 and have re-designed those plans.
• Commented that the applicants agreed to relocate the bio-swale outside
the drip line of the existing riparian trees and that their civil engineer will
be completing the re-design.
• Commented that the applicant thinks the condition to limit the impervious
surface in the rear yards of lots 1 through 4 is unfair.
• Commented that all agencies have had no concerns with the property
lines as proposed.
• Commented about residential zoning guidelines.
Mr. Davis
• Commented about a statement by Mr. Lortz at the Planning Commission
stating that the riparian corridor of Ross Creek was not addressed
properly.
• Stated that the West Valley Water District turned over land use by creeks
and streams to the Town and questioned if the Town has addressed the
riparian corridor at Ross Creek.
Mr. Orion spoke on behalf of Ms. Orion, Mr. Ownberg, Ms. Swanson, Mr.
Dunlap, Mr. and Ms. Rossmassler, Mr. and Ms. Lambert, Mr. Yanez-pastor
• Commented that there is no flood plain and riparian corridor buffer.
• Commented about the Guidelines and Standards for Land Use Near
Streams.
• Commented that he feels that the stream would be hidden and would like
to see designs that do not have homes backed up to the creek or stream.
• Commented that they do not support the proposed project.
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Public Hearing Item #17 - Continued
Mr. McElroy, Applicant
• Commented that he would agree to change the boundary line if the project
would be approved.
• Commented that the creek would be less traveled if only one family has
access to the creek.
• Commented that he feels that the Homeowners Association should be
responsible for maintaining the creek and the creek accesses.
Council Comments
• Questioned the amount of travel along the creek if the homes were facing
the creek instead of backing up to the creek.
• Questioned the open path proposed along the creek.
• Questioned the view of the garden wall from the neighbors across the
street.
• Questioned moving the road down by the creek.
Mr. McElroy
• Commented that the location of the street is limited due to technical
reasons and is needed for public access.
Mayor Barbara Spector
• Closed the public hearing
• Requested staff comment about the environmental and technical issues
raised by the public.
Mayor Barbara Spector
• Called for a recess at 9:17 p.m.
• Meeting resumed at 9:27 p.m.
Mr. Korb
• Clarified the California Environmental Quality Act requirements and how it
applies to the project.
• Commented about the fair argument review when a project is challenged
under CEQA guidelines.
• Commented that substantial evidence is required to support a fair
argument review.
• Clarified the type of reports that qualify for CEQA and a fair argument
review request.
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Public Hearing Item #17 - Continued
Council Discussion
• Questioned what amount of public use is appropriate along the riparian
corridor.
• Commented about locations of fences on the proposed project.
• Questioned if the property line should go along the proposed garden wall.
• Clarification about public access along Ross Creek.
• Questioned if public access to the creek would harm the ecology.
Mr. Geier, Consultant
• Commented about the reports on the riparian resources.
• Commented that they had identified a buffer zone to protect the riparian
zone.
Commented that the Fish and Game along with other agencies agreed
that impacts could be mitigated.
Council Discussion
• Questioned if the footprint of the homes encroaches on any of the riparian
corridor.
• Questioned if the riparian zone would be wide enough for public walks and
whether it would harm Ross Creek.
Mr. Geier
• Commented that the reports discourage public access.
Mr. Wood, Consultant
• Commented on the concept of placing roadways adjacent to waterways.
• Commented that public access would enhance natural resource
awareness and encourage clean-up along Ross Creek.
Council Discussion
• Questioned if Mr. Wood would share his opinions about flooding along
Ross Creek.
• Questioned if there were concerns about the fair argument review
process.
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Public Hearing Item #17 - Continued
Mr. Korb
• Commented that Council should determine whether reports are based
on opinions supported by facts or erroneous information, which in that
case should be disregarded.
• Commented that Council has an obligation to act if they feel that the
opinions are supported by fact.
• Commented that the Joman Report reached its conclusion about the
location of the 100 year flood/high water mark using a methodology
different from Town staff, the water district and FEMA.
• Commented that all of the agencies involved have computed a study
on Ross Creek, indicating the 100 year flood issue, and have similar
conclusions.
• Commented that the difference in the reports is where the top of the
bank should be determined along Ross Creek.
• Commented that the Town has guidelines that would address where
the top of the bank is located.
Mayor Barbara Spector asked for suggestions on the next steps
regarding the motion process.
Mr. Korb suggested that Council may start with a motion about the CEQA
question.
MOTION: Motion by Council Member Steve Glickman that further
study is not required for the proposed project.
Seconded by Council Member Joe Pirzynski.
Council Discussion
Questioned the flood scenario in the Joman Report and asked which lot
setback is not sufficient.
Mr. Lortz
• Clarified that lot #3 would be the only lot impacted.
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Public Hearing Item #17 - Continued
Council Discussion
• Commented that the Planning Commission had two elements in its motion
that were not part of the proposed Planned Development.
• Commented that one element involved impervious surfaces and should be
included in Council's motion.
• Requested that the motion indicate that the amount of impervious surface
in the backyards of the houses facing the creek be limited to only what is
required for pedestrian circulation.
• Commented that by adding the garden wall, there would be no need for
restrictions on impervious surfaces.
• Requested that staff clarify the recommendation to restrict impervious
surfaces.
Mr. Lortz
• Clarified recommendations made by the Planning Commission relating to
impervious surface restrictions.
Council Discussion
• Questioned if the issue of impervious surfaces would include swimming
pools.
• Suggested that the motion be modified to include the issue of impervious
surface run off into the creek, which would be addressed by staff.
• Commented that the maker of the motion and the seconder of the motion
agreed to the suggested wording.
MOTION: Motion by Council Member Steve Glickman to approve
ordinance as stated in Attachment #23.
Motion was modified to include:
• Staff to determine mitigation measures to significantly
reduce impervious surface run off from backyards of
homes that face the creek.
Seconded by Council Member Joe Pirzynski.
Mr. Korb Suggested that Council table the motion to approve ordinance until all
other motions are called.
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Public Hearing Item #17 - Continued
Mr. Korb advised Council that they may vote on the tabled motion related to
approval of the planned development ordinance.
Council Discussion
• Motion made by Council Member Steve Glickman to approve the
planned development ordinance (Attachment #23) with amendments
regarding impervious surfaces was reiterated at this time.
• Commented that the Planning Commission minutes indicate that the
Architecture and Site application would return to the Planning
Commission.
VOTE: Motion carried 4/1. Mayor Barbara Spector voted no.
MOTION: Motion by Council Member Steve Glickman to introduce
ordinance to effectuate Planned Development Application
PD-04-5 and the zone change as listed in Attachment #23 of
the staff report.
Seconded by Council Member Joe Pirzynski.
VOTE: Motion passed unanimously.
MOTION: Motion by Council Member Steve Glickman to approve
the Architecture and Site application subject to conditions
listed in Attachment #22 of the staff report.
Seconded by Council Member Joe Pirzynski.
VOTE: Motion carried 4/1. Mayor Barbara Spector voted no.
Mr. Korb
• Clarified the process to introduce and adopt the ordinance for the Planned
Development located at Linda Avenue.
• Commented that the ordinance will be brought back for adoption at a
future Council meeting.
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19. Manager Matters
Pamela Jacobs, Interim Town Manager
• Announced that the Town has purchased a ford escape hybrid which joins
the Town's large fleet of green vehicles.
• Commented that the Northern California Solar Energy Association recently
presented the Town of Los Gatos with a second place award for the
number of solar applications granted for a medium size city.
• Thanked Council and staff for their support during her term as Interim
Town Manager.
• Thanked Patsy Garcia for her assistance and support during her term as
the Interim Town Manager.
ADJOURNMENT
Attest:
Jackie D. Rose, Clerk Administrator
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