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04 Staff Report - Parking Authority Redevelopment Agency MinutesDRAFT Council/Agency Meeting 9121109 Item: MINUTES OF THE TOWN COUNCILIPARKING AUTHORITY/REDEVELOPMENT AGENCY SEPTEMBER 8, 2009 The Town Council of the Town of Los Gatos conducted a Regular Meeting on Tuesday, September 8, 2009 at 7:00 P.M. CLOSED SESSION BEGAN AT 6:15 P.M. TOWN COUNCILIPARKING AUTHORITYIREDEVELOPMENT 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 Beautification Committee & Adopt-A-Planter Members • Mayor Mike Wasserman presented a commendation to the Los Gatos Beautification Committee and the Adopt-A-Planter members for their community support with the planter program on North Santa Cruz Avenue. • Ms. Dinga thanked the Town, the community and acknowledged Shirley Henderson for starting the Adopt-A-Planter program in Town. • The Beautification Committee and the Adopt-A-Planter members led the Pledge of Allegiance. The audience was invited to participate. CLOSED SESSION REPORT CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Government Code Section 54956.8) Property: 20 Dittos Lane (Assessor Parcel Number 529-29-034) Negotiating parties: Town of Los Gatos Negotiator: Bud Lorfz, Deputy Town Manager Under Negotiation: Price and terms of payment Mr. Korb stated that direction was given and no final action was taken. TOWN COUNCIL COUNCIL/TOWN MANAGER REPORTS Council Matters There were no Council Matters scheduled for this meeting. Manager Matters Mr. Larson • Commented that the MSNBC Today Show aired the 1 year profile for Erica Rix, the young girl whose hand was injured in a car accident and the Good Samaritan and the Los Gatos-Monte Sereno Police Department who responded quickly to save her life. • Commented that Erica Rix is gaining some mobility in her hand, fingers and wrist. • Commented that the renovation at Town Plaza has begun and that the area between the redwood trees will have flagstone and the landscaping contractor who laid the sod last spring will be replacing the sod at no cost to the Town and will maintain the new sod for six weeks. • Commented that the grass area of Town Plaza Park will be closed for several weeks to allow the sod to take root and strengthen before the rainy season. • Announced the slurry seal project which was approved by Council at a prior meeting will be starting on all the major streets in Town, beginning with Los Gatos Boulevard on September 14th. • Commented that the slurry seal project will require some road closures from 9:00 p.m. to 6:00 a.m. and that the public can access information on the project from the Town's website. • Invited the public to attend the Town's next Second Saturdays event which will be held on Saturday, September 12, 2009. CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION) Adopt resolution approving the reorganization of territory designated as West Parr Avenue Right-of-Way, approximately 1.40 acres located on West Parr Avenue between Capri Drive and Pollard Road; File #AN09-04. RESOLUTION 2009-083 2. Adopt ordinance amending Town Code, by repealing Chapter 23, Article I, Section 23,10.035 -"Ball Playing in Streets" ORDINANCE 2176 2 Consent Items - Continued 3. PPW Job No. 09-17 - Storm Drain Rehabilitation Project 461-816-0408 a. Adopt resolution declaring PIPENOLOGY to be the lowest responsible bidder on the project and award a construction contract in an amount not to exceed $45,890.00. RESOLUTION 2009-084 b. Authorize staff to execute future change orders to the construction contract as necessary in an amount up to $5,000. TOWN COUNCILIREDEVELOPMENT AGENCY 4. Approve Council/Agency minutes of August 17, 2009 MOTION: Motion by Council Member Joe Pirzynski to approve Consent Items #1-4. Seconded by Council Member Steve Rice. VOTE: Motion passed unanimously. VERBAL COMMUNICATIONS Mr. Davis • Commended Todd Capurso, Director of Parks and Public Works, and his staff for placing a new crosswalk at George Street near Fisher Middle School and for painting the crosswalks in front of Los Gatos High School. • Commended Parks and Public Works on the new and improved design of Reservoir Road. • Expressed concerns about harmful dust coming from a cement factory in the hills above Cupertino. Mr. Davis received a warning for disrupting the meeting by continuing to speak after his time expired. Closed Verbal Communications Mayor Mike Wasserman • Invited the community to attend the Town Council Meeting on September 21, 2009 to celebrate Los Gatos Values Youth and Project Cornerstone. • Stated that Other Business would be heard before the Public Hearing. 3 TOWN COUNCIL OTHER BUSINESS 6. Introduce ordinance amending Section 2,30.295(1) of the Los Gatos Town Code regarding the general powers and duties of the Town Manager granting enforcement flexibility during recognized periods of national, regional, and local economic adversity. Staff report made by Jessica von Borck, Economic Vitality Manager. Council Comments • Questioned how businesses in Town would be informed of the possibility of flexibility or would it be narrowed to the downtown or specific promotions. • Questioned if the ordinance only relates to retail establishments. • Questioned how staff has presented the signs and music during this summer's Second Saturdays events with the current ordinance in effect. • Requested clarification on what is necessary for the six month ordinance to be extended. Ms. von Borck • Clarified that flexible enforcement should be a Town wide effort and starting with a specific event such as the Second Saturdays would allow staff to monitor the effects of flexible enforcement. • Clarified that the Chamber of Commerce and the Visitors Bureau worked with businesses downtown on promoting the overall program (Second Saturdays program) and balloons and signs which are prohibited by the Town's current ordinances were allowed for the events as a way to create a consistent theme along North Santa Cruz Avenue and to entice people into the stores. • Commented that prior to the event the Town had partnered with the Chamber of Commerce to identify specific locations in the downtown area where the amplified sound would not adversely impact the neighborhoods. • Commented that staff monitored the success of each event as well as any complaints about noise. • Clarified that the Town had received no complaints relating to amplified music or the event in general. • Clarified that the use of amplified music, signage, and balloons was previously presented to Council for the Second Saturdays event. • Commented on supporting the six month ordinance which would allow evaluation of the Second Saturdays event and the holiday shopping season. • Clarified that the Town Manager would have the authority to trigger the events that would allow flexibility. 4 Other business Item #6 Continued Mr. Larson Clarified that the next three months will be focused on Second Saturdays and the holiday shopping season. Commented that the goal is to strengthen Los Gatos as an economic business resource in the valley and to support the Town and its businesses. Mr. Korb Clarified that the six month ordinance has a self terminating provision and could only be modified by the adoption of another ordinance. Mr. Larson Commented that staff would be returning with an evaluation from the fall and holiday shopping season in February or March 2010. Bringing forward an evaluation in February or March 2010 would allow time to consider a new ordinance. Clarified that the Economic Vitality Manager had discussions with the Chamber of Commerce and that the Town is pursuing the Second Saturdays event and the holiday shopping season as the events for Fall 2009. Ms. von Borck Clarified that it is her role as the Economic Vitality Manager to get the word out to all businesses and that she is partnering with the Chamber of Commerce and the Visitors Bureau to reach out to the businesses and the community. Open Public Comments Ms. Anderson Commented that the businesses and the Chamber of Commerce support the Second Saturdays program and they would love to see the program continue. Thanked the Town for its support to help promote the downtown businesses. Commented that the business owners have thanked the Town and Chamber of Commerce for allowing the flexibility and for supporting the local businesses. Closed Public Comments 5 Other Business Item #6 - Continued Council Discussion • Commented on supporting the alternate ordinance attached to the desk item. • Expressed concern about the lack of definitions within the ordinance. • Questioned if the same considerations could be accomplished without having to amend an ordinance. • Commented that the codes were put into place to reflect the values of the community. • Expressed concerns about other businesses that are not in the downtown area and how they would be informed and able to participate in future events. • Would like to see a process that would allow the flexibility at events without having to adopt or amend an ordinance. • Questioned the process to address noise complaints if they were to arise. • Questioned if the new ordinance was adopted, would staff evaluate the process and determine if fine tuning may be needed to existing current ordinances. Mr. Korb Clarified that the Town Manager would get discretion to deal with enforcement if the ordinance is adopted. Commented that the only way to affect a law is by adopting law. Commented that -he would like to see an ordinance adopted to grant some level of authority rather than see the Town Manager exercising unbridled authority by approving programs that are not in compliance with Town Codes. Mayor Mike Wasserman directed Jackie Rose, Clerk Administrator to waive the reading of the ordinance. MOTION: Motion by Vice Mayor Diane McNutt to waive the reading of the ordinance. Seconded by Council Member Joe Pirzynski. VOTE: Motion passed unanimously. 6 Other Business Item #6 - Continued MOTION: Motion by Vice Mayor Diane McNutt to introduce ordinance granting the Town Manager temporary discretion regarding enforcement of business related provisions of the Town Code. Seconded by Council Member Joe Pirzynski. VOTE: Motion passed unanimously. Mayor Mike Wasserman directed Jackie Rose, Clerk Administrator to publish the ordinance. Mr. Larson • Commented that staff has clearly heard Council concerns and this ordinance will allow staff to set some standards in advance for events like Second Saturdays and the holiday shopping season. • Commented that staff will be very judicious on the flexibility and will report back to Council in early 2010. • Reminded Council that they have the option of requesting an item be agendized if questions arise relating to how the ordinance is being pursued. PUBLIC HEARINGS 5. Consider an appeal of a Planning Commission decision denying a request for a two lot subdivision on property zoned HR-2%. No significant environmental; impacts have been identified as a result of this project and a Mitigated Negative Declaration is recommended. APN 527-11-005, Subdivision Application M-06-4, Negative Declaration ND-06-4. Property location: 15500 Francis Oaks Way. Property owner: Mike and Ann Moffat. Applicant/Appellant: Tony Jeans. Staff report made by Suzanne Davis, Associate Planner. 7 Public Hearings Item #5 - Continued Council Comments • Questioned how many properties in Town are land-locked and require an easement for access. • Requested clarification on the photos in the staff report, which were submitted by Dr. Weissman, showing a creek running through the property. • Questioned if water coming through the property would be an issue. • Questioned when the drainage system was installed and who installed the system. Ms. Davis • Clarified that there are a couple of dozen properties on the hillsides in Town that require an easement for access. • Clarified that there is a drainage system which was put in place to serve the Highlands Development and Mr. Moffat's property. Because of the drainage system water is handled differently than it was in the early 1990's when the photo submitted by Dr. Weissman was taken. • Clarified that the drainage system was installed in 2008 by the developer of the Highlands Development. • Commented that the applicant did a small extension to the culvert that was recently inspected and permitted by the Town. Open Public Hearing Mr. Jeans, ApplicantfAppellant • Commented that the proposed project area is not a riparian area and with the installation of the culvert directing the water from the property, restoring the riparian area is not applicable. • Commented that the proposed sites are approximately three acre lots-and that Council directed at least 2.5 acre lots for the subdivision. • Commented that the proposed site has a slope average of 5% at the house location and a setback from the street of at least 150 feet at Shady Lane. • Commented that there is no impact to any trees and that there is a quarter acre of flat useable yard for homeowners to enjoy. • Commented that the proposed lots will not require any grading. • Commented that the proposed site is fully supported by most of the neighbors on Francis Way. • Expressed concerns about the Planning Commission's policy decision for the proposed project and feels that they did not structure a motion correctly. Public Hearing Item #5 - Continued Council Comments • Questioned how the flat parcel on the Moffat's lot compares to the Highlands lots. Mr. Jeans • Clarified that the lot is flatter than most properties in the Highlands subdivision. Mr. Harwin • Commented against supporting the proposed project. • Commented that the 24 inch pipe granted in the easement for drainage will not support a major-storm. Mayor Mike Wasserman • Questioned how Mr. Harwin feels about the size of the lots. Mr. Harwin • Commented that he does not have an objection to the size of the lot, but feels that the buildable area is a "postage stamp size piece of dirt." Dr. Weissman • Commented against the proposed project. • Commented that the 200 foot culvert extension was done without inspections or permits. • Commented that illegal grading done in 1998 changed.the drainage in the area and stated that the water area in the photo that he presented to Council was entirely above the present culvert. • Commented that he supports the Planning Commission's decision. • Commented that he would like to see the applicant remove the 200 foot culvert and restore the riparian corridor. Council Comments • . Questioned if the water flow depicted in the photo that was given to Council would be the same today even though there is the culvert. • Questioned if Dr. Weissman feels that the 3.1 acre lot is compatible with the neighborhood and appropriate with the other lot sizes in the area. 9 Public Hearing Item #5 Continued Dr. Weissman • Clarified that the topography of the hillside has changed due to illegal grading done in 1998 and that he feels that the river of water would still be there today if the topography had not been changed. • Commented that it is like other lots in the neighborhood, but given the Hillside Standards and Guidelines, the over arching concern is that just because the numbers are there does not mean that the site is suitable for development. Ms. Quintana • Commented against the size of the lots for the proposed subdivision and questioned the correct formula for measuring the slope density of the lots. Mr. Davis • Commented against supporting the proposed project and stated that he feels that the Moffats are bad actors. • Commented that the riparian corridor was lost and the flow of water changed due to illegal grading in 1998. • Commented that the proposed project should be evaluated using the Town's Guidelines and Standards for Land Use near Streams. Mr. Jeans, ApplicantlAppellant • Commented that there were no utilities or sewer system until the Highlands project was approved. • Commented that the water flow in the area is minimal and is mostly run-off from the streets within the Highlands project. • Commented that every property in the Highlands has easements to access Blossom Hill Road. • Clarified that the lot is suitable to build a home. Closed Public Hearing 10 Public Hearing Item #5 - Continued Council Discussions • Questioned if the average lot size for the parcels meets the Hillside Specific Plan's guidelines and is there an option for the proposed project as a Planned Development. • Expressed concerns about the configuration of the MoffaVs property. • Directed staff to take some time to analyze the lot size requirements for the Hillside Standards and Guidelines and determine if the proposed lots would fall under these guidelines. • Expressed concerns about the basis for the Planning Commission's decision to deny the project. • Commented that the reason for denial was based on findings "C" and "D" as required by the Subdivision Map Act. • Commented that the Planning Commission referred to the findings regarding suitability subjective and that the Planning Commission found that the site was not suitable for the proposed subdivision. • Questioned if the Planning Commission did not feel comfortable with the access to the property, and if they felt that the proposed site was not suitable for a single family home. • Commented that the site visit of the property presented a different perspective than any diagram or map provides. • Expressed concerns about the culvert that was extended without permits. • Questioned if access off Shady Lane would be required as a condition. Ms. Davis • Clarified that the average lot size was based on the slope density formula in the Town Code. • Clarified that the Hillside Specific Plan has a density range for the area. . • Commented that she has never seen a planned development done for a subdivision with the exception of Highlands which was 19 lots, and the Greenbriar proposal which was 14 lots. • Clarified the conditions of approval for the proposed project. Mr. Larson • Commented that the culvert has gone through the permitting process and was approved by the Engineering Department and that the owners were required to pay fines and permit fees prior to receiving the permit. • Clarified that the Hillside Design Guidelines specify that this project is in a sub area that is the 2.5 to 10 unit per acre density, so the proposed subdivision does meet that specification.. • Commented that the slope density calculation average from the Zoning Code is 3.5 and the proposed lot size is 3.98. • Clarified that the slope density calculations are not based on individual lot sizes. I1 Public Hearing Item #5 - Continued MOTION: Motion by Council Member Steve Rice to reverse the Planning Commission decision denying a request for a two lot subdivision on property zoned HR-2112 on the basis that the commission erred in its discretion and with the findings in Attachment 2 of the Staff Report and to modify the Conditions of Approval in Attachment 3 to add the scenic easement and to add a condition that requires access to the property in Shady Lane. Seconded by Council Member Joe Pirzynski. Council Discussion • Requested that the Maker of the Motion expand on his reasons for the findings that the Planning Commission erred. • The Maker of the Motion stated that he could not find adequate justification supporting the Planning Commission's findings "C", "D", or "E" as required by the Subdivision Map Act. • Questioned if there was a policy issue that affected the Planning Commission's decision. VOTE: Motion passed unanimously. Mr. Korb • Clarified that he will be bringing back a resolution with the conditions as approved by Council. • Clarified that CEQA evaluations are based on the current conditions and not what has happened in the past and that he will be bringing back a resolution referencing the CEQA report to make sure that it is clear in the record. MOTION: Motion by Council Member Steve Rice to approve negative declaration and the mitigation monitoring plan. Seconded by Council Member Barbara Spector. VOTE: Motion passed unanimously. Mayor Mike Wasserman called for a recess at 8:15 p.m. Meeting resumed at 8:20 p.m. 12 TOWN COUNCIUREDEVELOPMENT AGENCY 7. Approve request of Prime Contractor to Substitute Plumbing Subcontractor on Police Operations Building Project. Staff report made by Orry Korb, Town Attorney. Todd Capurso, Director of Parks and Public Works commented on the logistics for the hearing. Kevin Rohani, Town Engineer/Project Manager was present to answer questions. Mr. Cameron, Swenson Development • Commented that the contractor was behind schedule. • Commented that letters were mailed to Robert Rodriguez in April, June and August, 2009 requesting an action plan and no action plan was received. • Commented that out of 11 inspections on the project only two were passed. • Commented that drains were not placed in the correct areas and that Swenson Development has had to remove and replace the drains. • Commented that the hot and cold water line failed inspection and has not been completed thereafter. • Commented that the majority of the work should have been completed by June 19, 2009. • Requested that a new subcontractor replace Robert Rodriguez so the project can continue and be completed on time. • Commented that invoices have not been submitted on time and payroll reports were deficient. • Commented that Robert Rodriguez owes his suppliers and Swenson Development has been paying them directly. Robert Rodriguez, Plumbing Contractor • Played cell phone messages from Swenson Development regarding his payments, job performance, and alleged harassment from Swenson Development. • Commented that the project is 80% to 90% complete and that he should be allowed to finish. • Expressed concerns that Swenson Development is holding $48,000.00 of his money. • Commented that in 32 years he has never left a job uncompleted. • Commented that the flooring is not down so he can not complete the fixtures. • Expressed concerns that the gas line was welded incorrectly and should be replaced. 13 Public Hearing Item #7 - Continued Council Comments • Requested clarification on the failed inspections and incomplete work by Mr. Rodriguez. Mr. Cameron, Swenson Development • Clarified that Mr. Rodriguez had not completed a majority of the jobs and that Swenson Development would complete the jobs or redo them after a failed inspection to keep the project going. • Commented on the business practices of Mr. Rodriguez since April, 2009. • Commented that Mr. Rodriguez has not completed his projects and has continued to fail inspections costing Swenson Development funds and labor as they have had to complete the projects. Mr. Rodriguez • Commented that he has completed 80% by July, 2009. • Commented on his practices throughout the project. • Commented on how he keeps the records for his company and the project. • Commented about back charges by Swenson Development to his company. • Commented that Swenson Development is unreasonable. • Commented that Swenson Development is doing unsuitable work. • Commented that Swenson Development is micro managing his company. Mayor Mike Wasserman • Asked Mr. Rodriguez to explain why he has not met his obligations. Mr. Rodriguez • Stated that he has met his obligations and that his work is 80% to 90% complete and requested that he have the chance to finish the job and get paid. Mr. Rohani, Town Engineer/Project Manager • Commented that Town staff has had numerous meetings and conversations with Mr. Rodriguez about completing his jobs and he has continually not delivered or fulfilled the conditions of his contract. • Commented that staff's recommendation would be to hire anew sub contractor to complete the job. 14 Public Hearing Item #7 - Continued Mr. Little, Harris Management • Commented that Swenson Development has showed signs of trouble with Mr. Rodriguez from the beginning and Swenson Development has had to complete Mr. Rodriguez's failed projects to keep the project moving and on time. • Commented that there are areas that do not meet code and the quality of the project from the plumbing standpoint is not good. Mr. Hart, Building Inspector • Commented that the quality of work and his attendance are not acceptable. • Commented that he supports the recommendations of Mr. Little, Mr. Rohani, and Swenson Development. • Clarified that a new subcontractor can bring all the plumbing problems at the job up to grade and still stay on time. Council Comments • Questioned if the plumbing at the facility is adequate for the building. • Requested some sort of assuance that the plumbing component for the building will be at a par when the project is complete. Mr. Harding • Clarified that they can repair these problems above standard and complete the project on time. Mr. O'Hara, Project Manager, Swenson Development • Commented that Mr. Rodriguez was a lot more reliable at the beginning of the project. Mr. Larson • Clarified that staff recommends that the prime contractor substitute the plumbing contractor on grounds #3 and #7 of the Public Contracts Code, Section 4107, based on the testimony heard at this meeting. Council Discussion • Requested clarification on #9 under the Ground for Substituting of Subcontractor (Public Contracts Code Section 4107.) 15 Public Hearing Item #7 Continued Mr. Larson • Clarified that responsibility in the rewarding process has specific definition that was not included in the recommendation and that staff felt grounds #3 and #7 were sufficient. Mr. Rodriguez • Clarified that the problem with the leaking pipeline at the job site could be fixed and that he has not had the chance to repair it yet. • Commented that he feels that he competent and can finish the job. • Commented that he has issues with Swenson Development's pay schedules. • Questioned how he completed 80% to 90% of the project if he is incompetent. • Commented that he has deliberately not completed the work as leverage against Swenson Development, but feels that he has the skills and the tools to complete the job if given the chance. Council Discussions • Requested clarification from Mr. Rodriguez as to why he has not completed the work. Mr. Rodriguez • Commented that he is competent and should be given the chance to complete the job. Closed Public Comments MOTION: Motion by Council Member Joe Pirzynski to approve request of Prime Contractor to Substitute Plumbing Subcontractor on Police Operations Building Project on the basis of Code Section 4107, Items #3 and #7. Seconded by Council Member Steve Rice. 16 Public Hearing Item #7 - Continued Council Discussions Commented on supporting the motion on the basis of testimony received stating that Mr. Rodriguez missed deadlines, caused delays, failed inspections, had failures to appear, uncompleted projects, and the most distressing is his admission that he deliberately failed to perform work on time in order to leverage payment. Expressed concerns about the quality of work on a public building with the use of public funds. Commented that professionalism and high quality is expected by Council, staff and the community and would like to see the project finished with that in mind. VOTE: Motion passed unanimously. ADJOURNMENT Attest: Jackie D. Rose, Clerk Administrator 17