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M08-15-11P a g e 1 Council/Agency Meeting 9/6/11 Item # 7a MINUTES OF THE TOWN COUNCIL/PARKING AUTHORITY/REDEVELOPMENT AGENCY MEETING AUGUST 15, 2011 The Town Council of the Town of Los Gatos conducted a Regular Meeting on Monday, August 15, 2011 at 7:00 P.M. TOWN COUNCIL/PARKING AUTHORITY/REDEVELOPMENT AGENCY CLOSED SESSION BEGINS AT 6:15 P.M. MEETING CALLED TO ORDER AT 7:00 P.M. ROLL CALL Present: Mayor Joe Pirzynski, Vice Mayor Steve Rice, Council Member Steven Leonardis, Council Member Diane McNutt, and Council Member Barbara Spector. Absent: None. PLEDGE OF ALLEGIANCE Saxon Ratcliff from Fisher Middle School led the Pledge of Allegiance. The audience was invited to participate. PRESENTATIONS Commendation - Visitor’s Bureau Volunteers. Mayor Joe Pirzynski presented the members of the Visitors Bureau Volunteers with a commendation for their efforts promoting Los Gatos. CLOSED SESSION REPORT PUBLIC EMPLOYEE PERFORMANCE EVALUATION [Government Code Section 54957(b)(1)] - Title: Town Attorney CONFERENCE WITH LABOR NEGOTIATOR (Government Code Section 54957.6) - Agency Negotiator: Rumi Portillo, Human Resources Director - Unrepresented Employee: Town Attorney Judith Propp, Town Attorney, stated that no reportable action was taken. P a g e 2 TOWN COUNCIL COUNCIL/TOWN MANAGER REPORTS Council Matters - Council Member Leonardis and Council Member Spector asked that a discussion of the story pole policy be placed on a future agenda. Manager Matters Greg Larson, Town Manager - Commented that on August 13th and 14th, 2011, the Kiwanis Club organized and sponsored Fiesta des Artes, which Town staff and volunteers made a success. - Commented that The Chamber of Commerce will host Girls Night Out on August 18, 2011. - Commented that Sgt. Dave Fishback retired after a nearly 30 year career in law enforcement and over 20 years with the Town of Los Gatos. Did You Know?? Jonathan Knowles - Commented that the Los Gatos-Monte Sereno Police Foundation is a community supported charitable entity supporting the Police Department. - Commented that the organization hosts the annual Taste of Los Gatos event. - More information is available at www.lgmspolicefoundation.org. CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION) 1. Appoint Mayor Joe Pirzynski as the primary voting delegate and Vice Mayor Steve Rice as the alternate voting delegate for the League of California Cities Annual Conference scheduled for September 21- 23, 2011. 2. Adopt a resolution authorizing continued participation in the State Abandoned Vehicle Abatement program 2011-055 3. 90-160 Albright Way and 14600 Winchester Boulevard a. Adopt an ordinance rescinding Ordinances 1247, 1366, and 1955 and amending the zoning ordinance effecting a zone change from CM:PD to CM:PD at 90 - 160 Albright Way and 14600 Winchester Boulevard. APNS: 424-31-053, 054, 063, 424-32-038, 045, 049, 054, 059, 060, 063. Planned Development PD-10-005; and Mitigated Negative Declaration ND-11-004. Project location: 90 - 160 Albright Way and 14600 Winchester Boulevard. Property Owner: LG Business Park, LLC. Applicant: John R. Shenk. ORDINANCE 2199 b. Adopt ordinance approving a Development Agreement between the Town of Los Gatos and Los Gatos Business Park, LLC. ORDINANCE 2200 P a g e 3 Consent Items – Continued 4. Adopt an ordinance adding Article XII to Chapter 14 entitled "Medical Marijuana Dispensaries" to the Code of the Town of Los Gatos prohibiting establishment and operations of medical marijuana dispensaries within the Town. ORDINANCE 2198 5. Adopt resolution making determinations and approving the reorganization of territory designated Englewood Avenue No. 6, approximately .42 acres located at 16583 Englewood Avenue (APN: 532-07-098); File #AN11-001. RESOLUTION 2011-056 6. PPW Job No. 11-03 University Avenue Guardrail Replacement Project. Approve plans and specifications for the University Avenue Guardrail Replacement project and authorize staff to advertise the project for bids. 7. Belwood Gateway Traffic Calming Proposal. Accept report on temporary installation of traffic calming devices for the Belwood Gateway neighborhood. 8. PPW Job No. 09-06 Los Gatos Library Project Furniture Acquisition 411-825- 2501 Authorize the Town Manager to execute a purchase agreement with One Work Place L. Ferrari LLC in an amount not to exceed $83,976.45. 9. Project A11-02 - Tree Pruning and Removal Project a. Authorize the Town Manager to execute a contract with West Coast Arborists, Inc., for the purpose of tree pruning and removal in an amount not to exceed $100,000. b. Authorize the Town Manager to execute an amendment to the contract in an amount of $30,000 if additional funding becomes available during FY 2011/12. REDEVELOPMENT AGENCY 10. Withdraw the current Planned Development Application for 20 Dittos Lane. TOWN COUNCIL/REDEVELOPMENT AGENCY 11. Approve Council/Agency minutes of August 1, 2011. Ms. Quintana pulled Item #3 from the Consent calendar. MOTION: Motion by Vice Mayor Steve Rice to approve Consent Items #1 through 11, exclusive of Item #3. Seconded by Council Member Barbara Spector. VOTE: Motion passed unanimously. P a g e 4 VERBAL COMMUNICATIONS (Up to three minutes may be allotted to each speaker to address matters that are not on the agenda.) Ms. Outler - Commented that she is opposed to the proposed sports park. Ms. Mason - Commented that she is opposed to the proposed pedestrian bridge across the Los Gatos Creek Trail. Mr. Brownell - Commented that he is opposed to the proposed pedestrian bridge across the Los Gatos Creek Trail. Ms. Dreher - Commented that she is opposed to the proposed pedestrian bridge across the Los Gatos Creek Trail. Mr. Larson - Commented that the environmental document for the project is available for public review. - Commented that the Planning Commission and Town Council will consider the project. - Commented that no final decisions have been made regarding sidewalks, bike lanes, parking, etc. - Commented that the public may contact Todd Capurso, Director of Parks and Public Works, for more information. - Clarified that the Council did not approve a budget that included a 5% pay cut for Town employees. Mr. Bankston - Commented that he is opposed to the proposed sports park. Mr. Larson - Commented that the need for a soccer field has been documented. - Commented that there is no Town debt being issued for the sports park. - Clarified that County funds from the sale of land in Vasona Park wi ll be used for the sports park. - Commented that maintenance fees will be borne by the park users and not by the Town’s General Fund. Mr. Miller - Commented that the Parks and Public Works Department maintains Bachman Park very well. P a g e 5 Consent Item #3 Continued Mayor Joe Pirzynski asked for comments on pulled Consent Item #3 3. 90-160 Albright Way and 14600 Winchester Boulevard a. Adopt an ordinance rescinding Ordinances 1247, 1366, and 1955 and amending the zoning ordinance effecting a zone change from CM:PD to CM:PD at 90 - 160 Albright Way and 14600 Winchester Boulevard. APNS: 424-31-053, 054, 063, 424- 32-038, 045, 049, 054, 059, 060, 063. Planned Developmen t PD-10-005; and Mitigated Negative Declaration ND-11-004. Project location: 90 -160 Albright Way and 14600 Winchester Boulevard. Property Owner: LG Business Park, LLC. Applicant: John R. Shenk. ORDINANCE 2199 b. Adopt ordinance approving a Development Agreement between the Town of Los Gatos and Los Gatos Business Park, LLC. ORDINANCE 2200 Public Comments Mr. Shepardson - Commented that visual impact indicators could have been used to consider height issues for the proposed project. - Commented that the project approval should be reconsidered. Mayor Joe Pirzynski described the policy requirements for a motion for reconsideration. Mr. Anderson - Expressed concerns about the project. Ms. Quintana - Expressed concerns about the project. - Commented that the project approval should be reconsidered. Mr. Van Nada - Commented that the Los Gatos Community Alliance does not support the project. Mr. Larson - Commented that all required notification and documentation was provided to the public in accordance with the law. P a g e 6 Consent Item #3 Continued Council Comments - Commented on exhibits A17(a) and A17(b). - Commented that plan sets with enhanced architectural elements will be presented to the Planning Commission at its August 24, 2011 meeting. - Requested clarification about the relationship between the General Plan and the project. Wendie Rooney, Director of Community Development - Clarified that the exhibits A17(a) and A17(b) are from an earlier plan set and are for modeling purposes. - Commented that the setbacks, the placement of the parking structure, and the placement of the building have been updated since the development of Exhibits A17(a) and A17(b). - Clarified that the General Plan must be viewed as a whole and that the project is consistent with the General Plan. MOTION: Motion by Vice Mayor Steve Rice to adopt an ordinance rescinding Ordinances 1247, 1366, and 1955 and amending the zoning ordinance effecting a zone change from CM:PD to CM:PD at 90 - 160 Albright Way and 14600 Winchester Boulevard. APNS: 424-31-053, 054, 063, 424-32-038, 045, 049, 054, 059, 060, 063. Planned Development PD-10-005; and Mitigated Negative Declaration ND-11-004 and to adopt an ordinance approving a Development Agreement between the Town of Los Gatos and Los Gatos Business Park, LLC. Seconded by Council Member Diane McNutt. VOTE: Motion passed 3/2. Council Member Steven Leonardis and Council Member Barbara Spector voted nay. 12. Requesting approval to operate a restaurant (Pizza Simpatico) with indoor and outdoor seating, beer and wine service, and modified hours of operation in a space currently occupied by an existing delicatessen, wine bar, and specialty retail u se (Los Gatos Gourmet) on property zoned C-2:LHP. Conditional Use Permit U-11- 006 APN 529-01-025. Project Location: 91, 101, and 109 W. Main Street. Property Owner: Sue Farwell, Applicant: Lisa Rhorer. Jennifer Savage, Associate Planner, presented the staff report. P a g e 7 Public Hearing – Item #12 Continued Council Comments - Questioned whether future tenants would be required to have a mix of restaurant, wine bar, and retail uses. - Questioned the need for a door between the proposed business and Los Gatos Coffee Roasting Company. - Questioned whether there is one Conditional Use Permit. - Questioned whether the type of community benefit proposed is appropriate. - Questioned whether food service is required based on the current language of the Conditional Use Permit. - Questioned whether a creative method could be formulated to ensure that the restaurant aspect of this project does not later exclude other uses and that retail use is preserved. Ms. Savage - Commented that an intensification of use or new use would require a new application to modify the Conditional Use Permit. - Clarified that the proposed door would provide for a synergy between the two business establishments. - Clarified that there is one Conditional Use Permit with two different sets of conditions. - Commented that for past projects, the community benefit has been for traffic mitigation or public improvements. - Clarified that the proposed community benefit is not related to traffic mitigation, but the community benefit policy does not require it to be. - Clarified that other projects with similar language in the Conditional Use Permit had expansions without permanent cooking facilities. - Commented that the Conditions of Approval (Exhibit B) defines the description of the use. - Clarified that Council could specify that a certain percentage of the square footage be required for a particular use. Council Comments - Questioned what would be the staff’s recommendation for community benefit, if a traffic study were done. Ms. Savage - Clarified that staff is still amenable to the installation of a speed sign at Wood Road. P a g e 8 Public Hearing – Item #12 Continued Open Public Hearing Lisa Rhorer, Applicant - Described what products, foods, and wine events Pizza Simpatico plans to offer. - Commented that the business will close its patio at 8 p.m. - Commented that the business will not have a full liquor license, but will only offer beer and wine. Pasquale Romano, Applicant - Commented that integrated retail is a business model being embraced by many businesses. Sue Farwell, Owner - Commented that she supports the proposed project. Council Comments - Questioned the history of the use of the building. - Questioned whether the applicant is concerned with the alcohol use language regarding the definition of a “meal.” - Questioned why the outdoor space should be part of the restaurant space. - Questioned the nexus between the proposed community benefit and traffic impacts. - Commented that the proposed community benefit only offers a discount to a small segment of the community, namely high school students. - Questioned whether the applicant would be amendable to constraints on the percentage of square foot for retail versus other uses. Ms. Farwell - Clarified that the space was once zoned for full restaurant use. Ms. Rhorer - Clarified that the business will sell small plates, which will be substantial enough for a meal. - Clarified that the outdoor space has potential for beautification. - Clarified that a community benefit related to traffic is not needed because the applicant believes only pedestrian traffic will be impacted. Council Comments - Questioned whether commercial kitchen equipment, if installed, could be removed. P a g e 9 Public Hearing – Item #12 Continued Ms. Farwell - Clarified that kitchen equipment can be easily removed. Mr. Larson - Commented that if Council pursued the option of designating that a certain percentage of revenue be from retail, then staff would need to audit financial statements. - Commented that staff would support the retail aspect of the business being in the front of business to preserve the look and feel of street frontage. Council Comments, Continued - Questioned how the applicant would beautify the outdoor space. - Questioned how significant the outdoor space is to the applicant. Ms. Rhorer - Commented that she is flexible with the outdoor seating component. Mr. Romano - Commented that the retail aspect of the project will be supported by the food service. Ms. Hope - Commented that she supports the proposed project. Mr. Sheehy - Commented that he supports the proposed project. Ms. Booth - Commented that she supports the proposed project. Ms. Bryant and Mr. Bryant - Commented that they support the proposed project. Mr. O’Brien - Expressed concern about the proposed project. Mr. MacNab - Commented that he supports the proposed project. Mr. Anderson - Commented that he supports the proposed project. P a g e 10 Public Hearing - Item #12 Continued Ms. LeMahieu - Expressed concerns about the proposed project. - Commented that, as a neighbor of the proposed business, an 8 p.m. closure of the outdoor patio would be acceptable. Mr. Kleis - Commented that he supports the proposed project. Mr. Santoro - Expressed concern about the proposed project. Ms. Kroll - Commented that she supports the proposed project. Ms. Rhorer - Clarified that vertical merchandising should be taken into consideration if a certain percentage of square footage is designated for retail use. - Commented that she sent out a letter to 178 local residents and businesses inviting them to discuss potential issues, but received no response. - Commented that the garbage compactor located in the rear would not belong to the business. Council Comments - Questioned whether there is a specific location in the establishme nt for the wine tasting events. - Questioned the significance of the six burner stove for the type of business being proposed. - Questioned whether the applicant is amenable to executing an operating agreement. Ms. Rhorer - Explained that the wine tasting events would likely occur toward the rear of the building. - Clarified that the six burner stove allows for the offering of more food service. Mr. Romano - Commented that an operating agreement may impact the owners’ ability to sell the business. Closed Public Hearing P a g e 11 Public Hearing - Item #12 Continued Council Comments - Questioned the parking situation for the proposed project. Ms. Savage - Commented that there are several parking credits within the parking assessment district to accommodate the increased number of seats. Council Comments - Commented that because this is a "hybrid business," the language of the Conditional Use Permit, as currently written, does not prevent this business from becoming a full restaurant. - Commented that the issues that need clarification include meal service versus food service; identification of the community benefit; whether outdoor seating is essential; and preservation of the retail space. - Commented that the proposed project is not that different from what is currently being used. - Commented that 8 p.m. closure of the patio is reasonable. - Commented that outdoor seating is an issue that can be decided later. - Commented that Planning Commission approved the project. - Commented that staff recommended a soft denial, and their concerns have not been addressed. - Commented that the language of the conditions of approval do not reflect the priority of preserving retail. - Commented that the community benefit has not been clearly defined. - Commented that the issue of hours of operation needs to be addressed. - Commented that the outdoor seating area is not desirable because it will come at a great cost to the applicant and neighbors. MOTION: Motion by Council Member Barbara Spector to continue the project to the Town Council meeting on September 19, 2011 to provide staff and the applicant time to clarify the following items: Item #7 - meal service versus food service Item #16 - define the community benefit Item #22 - remove the outdoor seating Item #4 of the Conditional Use Permit - quantify the retail Consider maintaining use as retail given mobility of restaurant equipment Seconded by Council Member Diane McNutt. VOTE: Motion passed unanimously. P a g e 12 Public Hearing - Item #12 Continued Council Comments - Commented that the use be described as a specialty food marketplace with wine tasting and cafe. - Commented that staff should examine second whereas of the conditional use permit and define those terms better, with percentages. The mayor requested a recess at 10:00 p.m. The meeting resumed at 10:05 p.m. OTHER BUSINESS 13. North 40 Specific Plan Monthly Update Wendie Rooney, Community Development Director, presented the staff report. Council Comments - Questioned staff’s intention regarding lack of attendance at meetings. - Commented that the North Forty Advisory Committee was going to come to a consensus and make recommendations to the Planning Commission and the Town Council. - Commented that proposals should be considered at the committee level, instead of bringing everything to Council. - Commented that the process should continue and updates to Council should continue. - Commented that Council can make changes to recommendations. - Commented that consensus on uses on the North Forty has not yet been directly posed to the Committee. Ms. Rooney - Commented that staff has contacted members with more than one absence. - Commented that staff offered to meet with members and brief them on what they missed. - Commented that staff supports Council’s policy for dismissing members who miss more than three meetings. REDEVELOPMENT AGENCY 14. Adopt resolution approving and adopting the Enforceable Obligation Payment schedule as required under AB1X26. RESOLUTION 2011-057 P a g e 13 Public Hearing - Item #14 Continued Ms. Propp - Commented that despite a recent California Supreme Court ruling, the Redevelopment Agency is still required to report its enforceable obligation payment schedule. MOTION: Motion by Vice Mayor Steve Rice to adopt resolution approving and adopting the Enforceable Obligation Payment schedule as required under AB1X26. Seconded by Council Member Diane McNutt. VOTE: Motion passed unanimously. ADJOURNMENT Attest: /s/Mazarin A. Vakharia Clerk Administrator