07 Staff Report - Parking Authority Redevelopment Agency MinutesDRAFT Council/Agency Meeting
Item #
MINUTES OF THE TOWN COUNCIL/PARKING
AUTHORITY/REDEVELOPMENT AGENCY
OCTOBER 5, 2009
The Town Council of the Town of Los Gatos conducted a Regular Meeting on
Monday, October 5, 2009 at 7:00 P.M.
CLOSED SESSION BEGAN AT 5:30 P.M.
TOWN COUNCILIPARKING AUTHORITYIREDEVELOPMENT AGENCY
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
Youth Park "Citizens of the Year"
• Jakob Jolley, Ubah Dimbil, Molley Macierz, Grace Peterson, and
LaurenJean Rice, Youth Citizens of the Year led the Pledge of
Allegiance. The audience was invited to participate.
• Mayor Mike Wasserman introduced Boy Scout Troop 539. The Troop
was attending the meeting for a Scout project.
PRESENTATIONS
Commendations
Harley Crock, Los Gatos-Saratoga Community Education & Recreation
• Mayor Mike Wasserman presented Harley Crock with a commendation
for his service to Los Gatos-Saratoga Recreation and to the community.
• Mr. Crock thanked the Town and the community for all their support.
Nick Johnson, Eagle Scout
• Mayor Mike Wasserman presented a commendation to Nick Johnson
for his service to the Town and to the Boy Scouts of America.
• Mr. Johnson completed a project which he designed and built 12
emergency backboards for the CERT program for the Town of Los Gatos
to earn his Eagle Scout award.
• Mr, Johnson thanked the Town Council and community for their support.
Proclamation - Los Gatos Prepared
• Mayor Mike Wasserman presented a proclamation to Sergeant Kerry
Harris proclaiming the month of October as Los Gatos Prepared Month.
• Commented that the Town of Los Gatos is preparing for the 20 year
anniversary of the Loma Prieta Earthquake and urged all residents to be
prepared.
CLOSED SESSION REPORT
CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Government Code Section 54_956.8)
Property: 123 and 208 E. Main Street
Negotiating Parties: Town of Los Gatos (Negotiator: Regina Falkner,
Community Services Director)
Los Gatos-Saratoga Community Education &
Recreation District (Negotiator: Steve Rauwolf,
Director)
Under Negotiation: Price and terms of payment
Mr. Korb stated that direction was given and no final action was taken.
Property: 17 Fiesta Way
Negotiating Parties: Town of Los Gatos (Negotiator: Pamela Jacobs,
Assistant Town Manager) currently unknown
potential purchasers 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 for this meeting.
2
Council/Manager Reports - Continued
Manager Matters
Mr. Larson
• Commented that the Town is recruiting applicants to fill seats on the
Town's Boards and Commissions. The deadline to submit applications is
October 16, 2009.
• Commended Town staff, Los Gatos Recreation Department, Fisher Middle
School, and Billy Jones Railroad for the success of the Town's annual
Screen on the Green event.
• Commented that there were 120 homes participating in the Town's annual
garage sale. Second Chance Week starts this week and on Saturday,
October 10, 2009, residents are encouraged to drop off goods to be used
by families which are in need over the winter months. Items will be
donated to seven non-profits and they are requesting warm outer wear for
men, women, and children, blankets and towels, ladies professional attire,
eye glasses, sun glasses, and new toiletries to provide to those in need in
the broader Los Gatos community.
• Thanked the sponsors, residents, and visitors who participated in the
Town wide garage sale.
• Commented that the slurry seal project was delayed due to weather and to
finish the project, the Town scheduled work over the weekend which did
cause some traffic delays.
• Thanked the community for being patient and commended the Police
Department for providing extra traffic control during the project.
• Commented that the Town will not have to do another slurry seal project
for two years.
• Commented that Bud Lortz, Deputy Town Manager, has announced his
retirement from the Town of Los Gatos. Mr. Lortz has contributed over
20 years to the Town of Los Gatos, the Community Development
Department, and the Redevelopment Agency.
3
CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION)
1. Adopt ordinance revising Town Code Section 14.110.015 regarding
the passage of Senate Bill 731 which regulates massage therapy
practitioners and therapists. ORDINANCE 2177
2. Accept Fiscal Year 2008-09 Annual Report.
TOWN COUNCIL/REDEVELOPMENT AGENCY
3. PPW Job No. 07-16 - Parking Lot 6 Reconstruction Adopt resolution
approving plans and specifications for the Parking Lot 6
reconstruction project and authorize staff to advertise the project for
bid. RESOLUTION 2009.107
4. Approval of Special Gift Opportunities List to be used by the Friends
of the Los Gatos Library in the Capital Campaign for the new Los
Gatos Library.
5. Approve Council/Agency minutes of September 21, 2009.
Mr. Davis pulled Consent Item #5.
Mayor Mike Wasserman requested that Mr. Davis speak on the pulled consent
Item prior to Council's motion to approve the Consent Item Calendar.
Mr. Davis
Commented that his public comments for Item #6 of the October 5, 2009
Town Council meeting did not reflect his correct statement.
Commented that he said that he took objection to Mr. Larson's comment
about the fact that the kids of Los Gatos would have continued use of the
13 acres of Vasona property. He felt that there were approximately 8 out
of the 13 acres that were buildable for sports use for the Town to utilize
and that once the County purchased the land the passive use policy would
restrict sports use on the property.
MOTION: Motion by Council Member Joe Pirzynski to approve
Consent Items # 1-5.
Seconded by Council Member Barbara Spector.
VOTE: Motion passed unanimously.
4
VERBAL COMMUNICATIONS
Mr. Davis
Commented that the naming of the mountain in Los Gatos should reflect
the natural beauty of the Town and suggested calling the Mountain "Monte
del Sal" to reflect that natural beauty of the sun rising over the mountain.
Expressed concerns that Mayor Mike Wasserman cuts speakers off from
the podium.
Expressed concerns about the proposed North 40 Plan and that he does
not like the policies set by the Town.
Mr. Reichwein
Commended the Town for purchasing land to build a sports use facility
and requested that the Town build a skate park at the proposed site.
Suggested that the Town hold classes at the sports facility to teach kids to
build ramps and skate parks and that he is willing to build a skate park at
the facility.
Dr. Ronen
• Stated that he has applied for a business license and has experienced
difficult challenges with the classification of his business and parking for
that classification.
Ms. Rooney, Director of Community Development
• Commented that staff did meet with Dr. Ronen and had explained to him
that the space that he has rented has insufficient parking for a chiropractic
business.
• Commented that six spaces are required by Town policy for the amount
of space rented by Dr. Ronen.
Closed Verbal Communications
OTHER BUSINESS - TOWN COUNCIL
6. Adopt an Interim Ordinance of the Town of Los Gatos imposing as an
urgency measure a moratorium on the approval, commencement,
establishment, or operation of medical marijuana dispensaries.
Staff report made by Greg Larson, Town Manager.
Open/Closed Public Comments
MOTION: Motion by Council Member Joe Pirzynski to adopt an
Interim Ordinance of the Town of Los Gatos imposing as an
urgency measure a moratorium on the approval,
commencement, establishment, or operation of medical
marijuana dispensaries.
Seconded by Council Member Steve Rice.
Council Discussions
• Requested information as to what the League of California Cities and
other jurisdictions might be doing to address the issue.
• Commented that the League of California Cities may have input that would
be applicable to all jurisdictions.
• Commented on seeking the views from the League of California Cities as
well as reflecting the values of the community.
• Suggested that the 480 cities in California are very diverse and that the
Town should drive the issue primarily by local community interest.
VOTE: Motion passed unanimously.
PUBLIC HEARINGS - TOWN COUNCILIREDEVELOPMENT AGENCY
7. Introduction of an ordinance amending Town Code Chapter 29,
Division 6, Sections 29.10.3000 through 29.10.3040 Housing
Assistance Program and adoption of the resolution repealing
resolution 2008-121 and approving the revised BMP Guidelines
(continued from 9121109) RESOLUTION 2009-108
Staff report made by Wendie Rooney, Director of Community Development.
6
Public Hearing Item #7 - Continued
Council Comments
• Requested clarification on the Planning Commission's recommendation to
change the in-lieu fee.
• Questioned the qualifications for a first time buyer and if Santa Cruz
County is one of the nine bay area counties.
• Questioned the reality to incorporate BMP housing within a hillside
development.
• Questioned why the Community Services Commission thought two years
would be fair as the BMP requirement.
Ms. Rooney
• Commented that the Planning Commission felt that you could integrate a
BMP unit into a hillside development, but their major concern was that
hillside developments tend to have larger lots and larger homes which
may make it economically infeasible to develop a BMP unit into that type
of hillside development.
• Clarified that Santa Cruz County is one of the bay area counties in the
BMP Guidelines.
• Clarified that there should be some type of concession for people affected
by condo conversions and the Community Services Commission thought
that the two year time frame would be sufficient.
Open/Closed Public Hearing
Council Discussions
• Questioned how an applicant would demonstrate that a site is infeasible
for BMP units.
• Questioned if the same solution was discussed regarding small residential
projects with 5 to 9 units.
• Commented that the General Plan Committee had expressed that they
would like to have BMP units scattered throughout the Town rather
than funding the in-lieu fee account.
• Commented that it was General Plan's recommendation to eliminate the
in-lieu fee for the smaller projects with 5 to 9 units and that staff has
researched why the Town might need an in-lieu fee fund.
• Commented on supporting building a BMP unit verses the in-lieu fee.
• Commented that it would be to the Town's benefit to produce BMP units
and that the in-lieu fee would be a last option.
• Requested clarification on the consistency of the General Plan Committee
and the Planning Commission's recommendation for BMP units.
• Commented that the goal is to create BMP units throughout the
community.
7
Public Hearing Item #7 - Continued
Ms. Rooney
• Commented that the Planning Commission was looking at a tiered
process for hillside residential, because in hillside residential the overall
intent is to keep the density lower and that an applicant should be able to
demonstrate why a BMP should not be constructed on site.
Mayor Mike Wasserman directed Jackie Rose, Clerk Administrator to read the
title of the ordinance.
MOTION: Motion by Council Member Steve Rice to waive the
reading of the ordinance.
Seconded by Council Member Joe Pirzynski.
VOTE: Motion passed unanimously.
MOTION: Motion by Mayor Mike Wasserman to introduce an
ordinance amending Town Code Chapter 29, Division 6,
Sections 29.10.3000 through 29.10.3040 Housing
Assistance Program with the change to apply the current
rule proposed for hillside residential to small residential
projects with 5 to 9 units.
Seconded by Council Member Steve Rice.
Council Discussions
• Expressed concerns that there is an inconsistency in fairness across the
board if the motion was only relating to smaller projects with 5 to 9 units.
• Commented that the rules have not changed for larger developments and
that the change would only mean that the smaller projects would have to
follow the same guidelines.
• Expressed concerns that the goal, as part of the General Plan, was to
scatter BMP units across Town and feels that the motion does not reflect
that recommendation.
• Suggested maintaining the Planning Commission's recommendation and
to move forward with the language that accommodates the elimination of
the in-lieu fee for the 5 to 9 units.
• Commented that the motion leaves room for BMP units to be proposed at
another site if the current development is not reasonable.
• Commented that the statement relating to the phrase "if the on-site option
is infeasible" is a pretty clear direction to future Planning Commissioners.
• Commented that it would be the responsibility of the applicant to
prove that the BMP unit would not be feasible on site.
8
Public Hearing Item #7 - Continued
Mr. Korb
• Clarified that the challenge may arise when trying to phase projects in a
manner that ensures development of an off-site BMP unit and regulates
that the BMP unit gets built.
VOTE: Motion passed 312. Vice Mayor Diane McNutt and Council
Member Barbara Spector voted no.
Mayor Mike Wasserman directed Jackie Rose, Clerk Administrator to publish
the ordinance.
MOTION: Motion by Council Member Joe Pirzynski to approve the
resolution repealing Resolution 2008-121 and approving the
revised BMP Program Guidelines in staff report as
Attachment 1.
Seconded by Council Member Steve Rice.
VOTE: Motion passed 312. Vice Mayor Diane McNutt and Council
Member Barbara Spector voted no.
PUBLIC HEARINGS - TOWN COUNCIL
8. Consider a request for a zone change from CM to CM:PD for a three-
story self storage building. No significant environmental impacts
have been identified as a result of this project and a Mitigated
Negative Declaration is recommended. APN 424-31-031. Planned
Development Application PD-08-001 - Negative Declaration ND-08-05
Property Location: 930 University Avenue Property Owner: Extra
Space of Los Gatos, LLC Applicant: Extra Space Storage.
Staff report made by Joel Paulson, Associate Planner.
Council Comments
• Questioned if there is a document showing which trees are being removed
along the University Avenue side of the site.
• Questioned if any thought was given to a community benefit for traffic
mitigation along University Avenue or the intersection of University
Avenue and Lark Avenue.
• Questioned if the Oaks that are on the site would be removed.
• Questioned the community benefit for LED lights and requested
clarification on the traffic impact fee and the traffic and transportation
mitigation under performance standard #32.
9
Public Hearing Item #S - Continued
Mr. Paulson
• Clarified that there are five trees slated to be removed and that the Town
arborist had indicated that the Eucalyptus trees were a hazard.
• Commented that the Walnut tree is not on the endangered tree list.
• Clarified that the Oaks will not be removed from the site.
• Clarified that staff did not persue any community benefit for traffic issues.
• Clarified that the Town consultant has recommended that the
developer pay a percentage of the traffic signal fees for a signal at Lark
Avenue and University Avenue.
Mr. Korb
• Clarified that the applicant is already paying traffic mitigation fees per the
requirements by Town policies and the applicant is offering the LED
lighting as a community benefit.
Open Public Hearing
Mr. Wyckoff, Applicant
• Commented that the proposed building has 360 degree architecture.
• Commented that the buffer from the trees shields most of the unit and
property.
• Requested the zone change from controlled manufacturing to controlled
manufacturing, Planned Development.
• Clarified the purpose for the caretaker's quarters.
• Commented that the current public right-of-way is 65 feet and requested a
reduction from that setback which would be comparable to the existing
neighbors.
• Commented that the trees slated for removal have health issues and are a
hazard, but they are willing to leave any trees that Council recommends.
• Commented that the Pine trees would need to be removed or pruned to
avoid a hazard.
• Commented that a community benefit comparable to the cost for LED
lighting at the site could be used for any other benefit that the Council
would suggest.
• Commented on the low vehicle trip rate for the proposed project.
• Commented that the size of the facility is economically suitable for the use
and the height is lower than the surrounding buildings.
• Commented that the site is buffered from the community trail and fits in
well with the neighbors.
10
Public Hearing Item #8 - Continued
Council Comments
• Questioned if all of the staging and construction for the proposed building
would be done on site.
• Questioned if the applicant would be willing to offer the community benefit
to assist the Town with needs for the sport facility site.
• Questioned when Council would need to determine what the community
benefit would be used for at the proposed sports facility site.
Mr. Wyckoff
• Clarified that they will be doing all construction and staging on site.
• Clarified that they are willing to donate the community benefit to use for
the sports facility site.
• Commented that the community benefit could be donated and used at the
discretion of the Town.
Mr. Larson
• Recommended that Condition #6 be expanded to reflect the offering of the
applicant, but to provide an alternative at the Town's discretion for the
receipt of the equivalent value to be applied to a traffic site or other
improvement for the sports facility adjacent to the applicant's property.
Mr. Davis
• Commented that the idea for neighborhood compatibility and community
benefit is a great idea.
• Questioned if the setback is sufficient enough on the side adjacent to the
sports facility.
• Commented that the traffic studies were discussed during the first
Planning Commission meeting, but never discussed again.
• Commented that there are 200 car trips a day listed in the current traffic
study done on the proposed project.
• Expressed concerns that the study was not in the Council's staff report.
Mr. Larson
Clarified that the Planning Commission at its first hearing did not send
back to staff any further consideration of the traffic analysis. They viewed
that the work had been completed at the first Planning Commission
hearing. All that was returned to the Planning Commission for the second
hearing were the issues that had been continued.
Commented that Council has the staff reports from the first and second
Planning Commission meeting including the full traffic analysis.
11
Public Hearing Item #8 - Continued
Mr. Wyckoff
• Commented that if they utilize the front setback it would allow further
setbacks on the creek side and sports facility side.
• Commented on the parking uses for the proposed property and the
neighboring sites.
• Commented that they are required to have 14 spaces, but usually only
four or five cars are at the facility at any given time.
Closed Public Hearing
Council Discussions
• Questioned the reason for the large Floor Area Ratio (FAR) for the
proposed site.
• Questioned if there was any discussion during Planning Commission
relating to the Floor Area Ratio (FAR) issue.
• Questioned the limitations on the property given the Planned Development
if the owners were to sell the property at a later time.
• Questioned if the applicant understands the requirements associated
with the Planned Development for the property.
Mr. Wyckoff
+ Clarified that the proposed project does have a higher Floor Area Ratio
(FAR) and the primary reason for that is because of the parking
requirements. Also the proposed project has less intensive use, less
vehicle trips, and low impacts to the neighbors.
• Commented that the facility is a local facility and that they have other
locations within a three mile radius.
• Commented that the modeling for the proposed project was designed
using the current zoning policies of the Town.
Mr. Paulson
Clarified that the Floor Area Ratio (FAR) issues were discussed with staff
and that staff had provided information to the Planning Commission
regarding why they felt that for this project the height, mass, and scale
were appropriate given the site's characteristics.
Clarified that there are health issues with the Ash and Walnut trees
located on the property.
12
Public Hearing Item #8 - Continued
Mr. Korb
Clarified that when you place a Planned Development on a property it
creates an alternative land use zone. The limitations are the uses allowed
by the Planned Development.
Commented that the Planned Development use for the proposed site is
extremely limited and allows a storage use with a caretaker unit.
Commented that any subsequent user would need to seek an amendment
to the Planned Development application in order to change the use.
MOTION: Motion by Council Member Joe Pirzynski to make the
Mitigated Negative Declaration as stated in Attachment 1.
Seconded by Vice Mayor Diane McNutt.
VOTE: Motion passed unanimously.
MOTION: Motion by Council Member Joe Pirzynski to approve
Mitigated Monitoring Plan as indicated in Exhibit 15 of
Attachment 2.
Seconded by Vice Mayor Diane McNutt.
VOTE: Motion passed unanimously.
MOTION: Motion by Council Member Joe Pirzynski to waive the
reading of the ordinance.
Seconded by Vice Mayor Diane McNutt.
VOTE: Motion passed unanimously.
Mayor Mike Wasserman directed Jackie Rose, Clerk Administrator to read the
title of the ordinance.
MOTION: Motion by Council Member Joe Pirzynski to make the
required findings for the zone change (Exhibit 2 of
Attachment 2) and approve the application subject to the
conditions included in the Planned Development Ordinance
(Exhibit 18 of Attachment 2) with Condition #6 amended to
read: Alternately, at the discretion of the Town, the applicant
will provide $40,000 for on-site or off-site access or other
improvements for the proposed adjacent public recreation
facility as determined by the Town.
Seconded by Vice Mayor Diane McNutt.
VOTE: Motion passed unanimously.
13
Public Hearing Item #8 - Continued
MOTION: Motion by Council Member Joe Pirzynski to introduce a
zone change from CM to CM:PD for a three-story self
storage building. No significant environmental impacts have
been identified as a result of this project and a Mitigated
Negative Declaration is recommended. APN 424-31-031.
Planned Development Application PD-08-001 - Negative
Declaration ND-08-05 Property Location: 930 University
Avenue Property Owner. Extra Space of Los Gatos, LLC
Applicant: Extra Space Storage.
Seconded by Vice Mayor Diane McNutt.
VOTE: Motion passed unanimously.
Mayor Mike Wasserman to direct Jackie Rose, Clerk Administrator to publish
ordinance.
9. Consider an appeal of a Planning Commission decision denying
Architecture and Site Application S-04-64 and the Mitigated Negative
Declaration ND-07147 on property zoned R-1:20. APN 529-37-042
Property location: 26 Alpine Avenue Property
ownerlapplicantlappellant: Holiday Drive, LLC.
Vice Mayor Diane McNutt and Council Member Steve Rice recused
themselves from Item #9 due to the location of their residence.
Staff report made by Sandy Baily, Interim Assistant Planning Director.
Council Comments
• Requested clarification on the process to remand the application back to
the Planning Commission.
Mr. Korb
• Clarified that it would be appropriate given the appeal, that the applicant
would like the opportunity to revise the project in an effort to obtain
Planning Commission approval which would be new information and that
would be a basis to reverse the decision and remand it back to the
Planning Commission.
14
Public Hearing Item #9 - Continued
Open Public Hearing
Mr. Barnes, Applicant
• Requested that the issue be remanded back to the Planning Commission.
• Commented that he would like to work with staff and the Planning
Commission to obtain Planning Commission approval.
Closed Public Hearing
MOTION: Motion by Council Member Barbara Spector to move that
the Planning Commission decision be modified relative to
the appeal and return the item back to the Planning
Commission because of new information received by
Council. The new information as stated below and in
Attachment 13 which was provided as a Desk Item as well
as the applicant's testimony.
New Information:
1. The project can be modified as the Planning
Commission requested to reduce the mass of the
right elevation; and
2. Applicant would like the opportunity to work with
staff and the Planning Commission to obtain Planning
Commission approval.
Seconded by Council Member Joe Pirzynski.
VOTE: Motion passed unanimously.
ADJOURNMENT
Attest:
Jackie D. Rose, Clerk Administrator
15