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08 Staff Report - Parking Authority/ Redevelopment Agency MinutesDRAFT CotmcillAgency Meeting 5!4109 Item # MINUTES OF THE TOWN COUNCIL/PARKING AUTHORITY/REDEVELOPMENT AGENCY APRIL 20, 2009 The Town Council of the Town of Los Gatos conducted a Regular Meeting on Monday, April 20, 2009 at 7:00 P.M. TOWN COUNCILIPARKING AUTHORITY/REDEVELOPMENT AGENCY MEETING CALLED TO ORDER ROLL CALL Present: Mayor Mike Wasserman, Vice Mayor Diane McNutt Council Member Joe Pirzynski, Council Member Steve Rice, Council Member Barbara Spector Absent: None. PLEDGE OF ALLEGIANCE/COMMENDATION Los Gatos Students to Students Team Leaders • Mayor Mike Wasserman said a few words in honor of Dennis McMillan, an active Student to Students member, who passed away last month. • Mayor Mike Wasserman presented the Students to Students members with a commendation for their contributions to the youth in the Town and Los Gatos High School. • The Los Gatos High School Students to Students Team led the Pledge of Allegiance. The Audience was invited to participate. • Nancy Offer, Los Gatos High teacher and adult team member thanked the Council and the Town of Los Gatos for all their support and.presented the Council with wristbands and.lanyards on behalf of the Students to Students Program. PRESENTATION Proclamations Paint Our Town Purple/Los Gatos Relay for Life Day Mayor Mike Wasserman • Commented that Relay for Life is celebrating 25 years and proclaimed May 3, 2009 as Relay for Life/Paint our Town Purple Day and July 18, 2009 as Los Gatos Relay for Life Day. • Melissa Ta, Barbara Waittly, Lynda Sutton, and Dawn Niederman, volunteers from Relay for Life/Paint the Town Purple, were present to accept the proclamation. • Ms. Ta thanked the Council and the community for all their support. National Volunteer Month • Mayor Mike Wasserman proclaimed the week of April 19, 2009 as National Volunteer week. Regina Falkner, Director of Community Services accepted the proclamation on behalf of the Town. COUNCILITOWN MANAGER REPORTS Council Matters There were no Council Matters this evening. Manager Matters Greg Larson, Town Manager • Commented that the Town will be celebrating its 29th year as Tree City USA by holding a tree planting ceremony at La Rinconada Park on Friday, April 24, 2009 at 10:00 a.m. • Commented that as part of Keep Los Gatos Beautiful month the Town will be sponsoring an Eco Friendly Festival on the front lawn of the Civic Center on Thursday, April 30, 2009 at 6:00 p.m. • Commented that the Town will be hosting a comprehensive all day long, General Plan Update Forum at the Neighborhood Center on Saturday, May 2, 2009. • Commented that the Town's nominee for Good Samaritan of the Year has been accepted. Jim Baily who saved the life of Erica Rix has been chosen as the Good Samaritan of the Year as part of the Red Cross Heroes Award and that the award will be presented in May, 2009. 2 TOWN COUNCIL CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION) 1. Ratify payroll for the month of March 2009. 2. Ratify accounts payable for the month of March 2009. 3. Adopt resolution approving the revised Town of Los Gatos Emergency Operations Plan. RESOLUTION 2009-035 4. Adopt a resolution authorizing the Town Manager to execute the agency agreement for Countywide AB939 implementation fee and the agency agreement for Countywide Household Hazardous Waste Collection Program. RESOLUTION 2009-036 REDEVELOPMENT AGENCY 5. Ratify accounts payable for the month of March 2009. TOWN COUNCIL/REDEVELOPMENT AGENCY 6. Approve Council/Agency minutes of April 6, 2009. Mr. Davis pulled Consent Item #6. Vice Mayor Diane McNutt pulled Consent Item #3 Mayor Mike Wasserman stated that the pulled Consent Items would be heard prior to Verbal Communications. MOTION: Motion by Council Member Steve Rice to approve Consent Items #1, #2, #4, and #5. Seconded by Council Member Joe Pirzynski. VOTE: Motion passed unanimously. PULLED CONSENT ITEMS 3. Adopt resolution approving the revised Town of Los Gatos Emergency Operations Plan. RESOLUTION 2009-035 Vice Mayor Diane McNutt • Questioned if there is a map that shows the impacted areas if Lexington Dam were to fail. • Questioned if the Town has a detailed evacuation plan for the hillsides which would include escape routes for roads that may have only one way in and out. • Questioned how the CERT volunteers are activated in an emergency. Captain Alan Forrest • Clarified that there is a "call out" procedure for CERT members, that CERT members are self-regulated, and that part of their training includes calling themselves to respond when there is any natural disaster. • Commented about the "rapid notify" system that is organized through the police department. • Clarified that the Town has been given two dam inundation maps, one from ABAG and one from San Jose Water District and that the police department is in the process of evaluating these two maps and has requested an updated report for more current information. • Commented that the updated information will be included in the EOC Plan as an appendix. • Clarified that the police department is working on a more defined evacuation plan for the Town and surrounding hillsides which would be included as an appendix. Vice Mayor Diane McNutt • Suggested that when the flood map becomes available that it be posted on the Town's website. • Suggested that the completed evacuation plan for the Town and surrounding hillsides be presented at various community outreach meetings. Mr. Larson Clarified that the referral from Council Member Pirzynski regarding the CERT program updates will be brought forward in August, 2009. 4 Pulled Consent Item #3 - Continued Council Comments Commented that the General Plan Advisory Committee was presented with background information that included a flood map. Suggested an ongoing orientation for Council of what would happen in a real emergency given the fact that the assignments of the EOC are very specific and depend upon where the individuals are at the time of an emergency. Questioned what would happen if designated staff were unavailable, given the fact that a majority of the individuals reside over Highway 17 or outside the Town. Captain Alana Forrest • Clarified that each position in the EOC has several back-up personnel who could respond. MOTION: Motion by Council Member Joe Pirzynski to approve Consent Item #3. Seconded by Council Member Barbara Spector. VOTE: Motion passed unanimously. 6. Approve Council/Agency minutes of April 6, 2009 Mr. Davis Commented that his statement under Verbal Communications at the April 6, 2009 Town Council meeting about land use fees and homeowner associations was incorrect. Stated that there are no homeowners associations in Los Gatos and that Saratoga has thirteen. MOTION. Motion by Council Member Barbara Spector to approve Consent Item #6. Seconded by Council Member Steve Rice. VOTE: Motion passed unanimously. VERBAL COMMUNICATIONS Mr. Lucas, Board of Director West Valley/ Mission College • Introduced two new trustees and the new Chancellor to the West Valley/Mission College Board of Trustees. • John Hendrickson, Chancellor, Adrienne Grey, Trustee, and Chad . Walsh, Trustee thanked the Council and the Town for their support. Ms. Musallam, Silicon Valley Independent Living Center • Commented about the services provided by the Silicon Valley Independent Living Center. • Invited the community to visit the center to find out more about their programs. Mr. Thompson • Commented about the Chinese Classical Theatre and invited Council and the community to the events which will be held on May 15, 16, and 17, 2009. Mr. Dubois • Commended Council and staff for their efforts to help resolve the issues with the abandoned construction project at 300 Calle Marguerita and the placement of a crosswalk at Pollard Road by Jack Fisher Park. Mr. Davis Commended Steve Regan, Parks and Public Works Maintenance Superintendent, for replacing lights that were out at the Shannon Road intersection. Commented that the Redevelopment Agency plan precludes the Town from using Redevelopment Agency Funds to build a new Library. Closed Verbal Communications Mr. Davis received his first warning for disrupting the meeting. Mr. Korb • Clarified that the Redevelopment Agency Project Area Plan does provide for the construction of public facilities in the Redevelopment Agency area and does provide for Library uses as well. 6 TOWN COUNCIL Mayor Mike Wasserman stated that Other Business would be heard prior to the Public Hearing. OTHER BUSINESS 8. Adopt resolution of the Town Council of the Town of Los Gatos adopting a records retention schedule, and rescinding resolutions 1984-196, 1985-169, 1988-159, 1994-65, 1990-22 and 2007-075. RESOLUTION 2009-037 Staff report made by Alana Forest, Captain Los Gatos-Monte Serena Police Department. Council Comments • Questioned when the public would lose the ability to get a full transcript of a meeting. • Would like to retain the video or audio of meetings as a permanent record. • Commented that there is a benefit of being able to go back to a video of a meeting to get the full tone of the meeting verses reading the verbatim minutes. • Suggested an external hard drive or outside back up of the digital recordings. • Commented that there are occasions where projects go on for more than four years and digital recordings are an easy way to obtain the information. Captain Forrest • Clarified that the audio and video would be retained for four years and that the written minutes are the permanent records. Mr. Korb • Clarified the State's requirements for audio and video destruction. • Clarified the two types of minutes that come out of Planning Commission meetings. Mr. Larson • Clarified that the Town does have an automatic back-up schedule for all Town servers and data bases, and that staff will verify that it includes the on-line digital recordings of the meetings. • Commented that there are concerns about staff work load impacts and suggested that an option may be that the records are maintained in the Clerk Department for six years on site as a managed resource, then sent to the Library where they would be available to the public. Other Business Item #8 - Continued Open/Closed Public Comments MOTION: Motion by Council Member Barbara Spector to adopt resolution of the Town Council of the Town of Los Gatos adopting a records retention schedule, and rescinding resolutions 1984-196, 1985-169, 1988-159, 1994-65, 1990-22 and 2007075 with the modifications to include the permanent storage of video recordings of the Planning Commission and Town Council meetings which the Clerk Department will retain for six years and then they may be stored at the Town Library. Seconded by Council Member Joe Pirzynski. VOTE: Motion passed unanimously. PUBLIC HEARINGS 7. Consider a request to demolish a convalescent facility and three pre- 1941 single family residences and approval of a Planned Development to change the zone from R-1D:LHP to R-1D:LHP:PD & RM:5-12:PD to construct 19 new residences and renovate the historic Thrash House (total of 20 units). On property zoned R-1D:LHP. APN 529-22-044 Property location: 371 Los Gatos Boulevard. Property owner: Thrash House Investors. Applicant: Santa Clara Development Company File #PD-07-143 & ND-07-145. Council Member Joe Pirzynski recused himself from Item #7 due to the location of his residence. Staff report made by Suzanne Davis, Associate Planner. Council Comments • Questioned if the garages and studios were included in the FAR calculations. • Questioned if there were suggestions or recommendations from the Historical Preservation Committee meetings. Ms. Davis Commented that the cellars and garages were a separate FAR calculation. 8 Public Hearing Item #7 - Continued Open Public Hearing Marc Robson, Applicant • Commented on the size and condition of the structures that are to be demolished. • Commented that the development will restore the original lot patterns from the 1900's. • Commented that the detached garages blend with the existing neighborhood. • Commented on the restoration of the Thrash House. • Commented on the benefits of a new neighborhood to the surrounding . areas. Council Comments • Questioned the applicant's ideas for the on-street parking along Caldwell Avenue. • Questioned if there were thoughts to make the proposed street parallel to Filmer Avenue. • Questioned what units would have the additional studios. • Questioned the amount o~buildings verses the amount of land for the proposed project. Mr. Robson • Commented that the street would be widened on Caldwell Avenue along the development. • Clarified there would be traffic issues with a public access onto Los Gatos Boulevard. • Commented that they are on the low end of the density for the proposed homes. • Commented that the first design for the project started with about 30 homes. • Commented that there is open space between each of the lots and along the detached garages. • Commented that the designs are compatible with the neighborhood. Council Comments • Questioned if the alternative to remove one home from the proposed plan is acceptable to the applicant. • Questioned the impervious and pervious surfaces at the location. Mr. Robson • Clarified that there are more open spaces and pervious surfaces than the current structure. 9 Public Hearing Item # 7 Continued Mr. Korb • Questioned when the applicant could provide a new site plan which would include one less home. Mr. Boitano • Commented on supporting the proposed project. Mr. Davis • Commented that the traffic along Los Gatos Boulevard is already congested without adding traffic from the new development. • Commented that people only care about their property values. Mr. Caruso • Commented on supporting the proposed project. • Stated that the proposed project adds beauty and is compatible with the surrounding neighborhood. • Commented about the green architecture and sustainable designs. Mr. Noon • Commented on supporting the proposed project. Mr. Zimmerman • Expressed concerns about traffic especially during school hours. • Commented that the neighbors would be exiting onto Caldwell Avenue and suggested a right turn only onto Los Gatos Boulevard at the location by the Thrash House. • Commented that a second exit would be appropriate for emergencies. Mr. Du Charme • Commented on supporting the proposed project. Dr. Berkowitz • Expressed concerns about traffic and suggested a right turn onto Los Gatos Boulevard from a second exit. • Commented on supporting the proposed project. Mr. McMorrow . • Commented on supporting the proposed project. Ms. Heaton • Commented on supporting the proposed project. 10 Public Hearing Item #7 - Continued Mr. Robson, Applicant • Commented on his involvement in Los Gatos and the history of acquiring the Thrash House site. • Commented on the need to improve the existing site. • Commented on the community support for the proposed project. Council Comments • Questioned the issue of adding a right turn lane onto Los Gatos Boulevard. • Questioned if a traffic solution could be studied for Los Gatos Boulevard. Mr. Robson • Clarified that the traffic issues are associated with the high school in the morning and during lunch time. Mr. Agood, TJKM Traffic Engineers • Clarified that there would be more conflicting traffic if a right turn only lane was added by the Thrash House onto Los Gatos Boulevard. • Commented that the current traffic count would be less with the proposed development than the estimated traffic count when the convalescent home was operating. • Recommended that there be no entrance from Los Gatos Boulevard as it would cause more traffic impacts. Mr. Larson Clarified that the high school area along Los Gatos Boulevard down to Main Street is broadly defined as an area that has many traffic impacts and is not currently scheduled for a comprehensive traffic review in the current five- year Capital Improvement Project plan. Commented that staff is dealing with streets immediately adjacent to the Los Gatos High School and if any action is taken on those streets then there would be impacts to the streets farther beyond and that may lead to a need for a comprehensive traffic study. Closed Public Hearing 11 Public Hearing Item #7 - Continued Council Discussion • Questioned if there could be restrictions so the "granny units" could not be used as rental units. • Questioned how the restriction would be enforced. Ms. Davis Clarified that the studio units could be restricted through approval of the Planned Development application by adding the restriction to the Conditions of Approval. Commented that it would be enforceable under Town Code. Mr. Larson • Commented that the restriction would be an issue that staff will have to look at since there are a number of options that different jurisdictions have used. MOTION: Sense of the motion by Mayor Mike Wasserman Mayor Mike Wasserman to request to demolish a convalescent facility and three pre-1941 single family residences and approval of a Planned Development to change the zone from R-ID:LHP to R-ID:LHP:PD & RM:5-12:PD to construct 18 new residences and renovate the historic Thrash House (total of 19 units). On property zoned R-1 D:LHIR APN 529-22-044 Property location: 371 Los Gatos Boulevard. Property owner; Thrash House Investors. Applicant: Santa Clara Planned Development File #PD-07-143 & ND-07-145PD-07-145 and to allow units 13 and 16 to have studio units with kitchens and bathrooms and a change to the conditions of approval to restrict the studios from becoming rental units. Seconded by Vice Mayor Diane McNutt. Mr. Korb Clarified that if Council is inclined towards the motion with the option currently presented which is different then the proposed Planned Development ordinance, staff will have to come back with a revised ordinance before it can be introduced. . Commented that a modification to the Conditions of Approval and a new site plan would need to be submitted. 12 Public Hearing Item #7 - Continued Council Discussion • Suggested allowing fully functional kitchens in the secondary units. • Commented supporting the motion as long as the studio units were not considered as rental units. • Commented on supporting a wide variety of housing types in a neighborhood. • Commented on concerns about the density and intensity of the project. • Commented that the open space is reduced with larger homes on the lots and that they require deviations from the Town's setback allowance. • Commented that none of the proposed homes, except for the Thrash house, meet the .4 FAR requirements that the Town's ordinance mandates. • Commented that the Planned Development application should be used for projects that increase the open space. • Would like to see the project go back to staff to reconfigure a design so that there are smaller homes on each lot or to have fewer lots which would create open space. • Commented that there is an increase of about 40,000 square feet of open space and pervious ground with 19 homes than what currently exists. • Clarified that the amount of property taxes that the Town receives from a home is about 15%. • Commented that the development should comply with the spirit of the Planned Development Guidelines. Mr. Korb • Suggested calling for a vote on the sense of the motion, then a second motion would need to be made to continue the introduction of the ordinance for final decision to a date that would provide sufficient time for the applicant to provide the site map necessary to complete the ordinance. Council Discussion • Complemented the applicant for the design and keeping with the original Sanborn tract. • Commended the Planning Commission for their efforts on the project. • Commented that a traffic study to determine traffic issues along Los Gatos Boulevard would be beneficial in the near future. VOTE; Motion carried 411. Council Member Barbara Spector voted no. 13 Public Hearing Item #7 - Continued MOTION; Motion by Mayor Mike Wasserman to continue the item for final decision on May 4, 2009. Seconded by Vice Mayor Diane McNutt. VOTE: Motion passed unanimously. ADJOURNMENT Attest: Jackie D. Rose, Clerk Administrator 14 2009 BUSINESS TAX AND LICENSING BUSINES LICENSE RENEWALS FOR ALL BUSINESSES INCLUDING HOME-BASED BUSINESSES Business license taxes were due January 2, 2009. As a courtesy, reminder notices were mailed in December 2008. Per Town Code Section 14.10.075, a forth 25% late penalty was assessed May 2, 2009. Current penalties are at 100% of the license tax. A business which fails to renew or disclose that it no longer operates within Town limits will be forwarded to a collection agency. For more information, please contact the Finance Department at (408) 354-6835. /s/ Jackie D. Rose Clerk Administrator Pub LG 5/6/09