M02-05-07
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MINUTES OF THE TOWN COUNCIL/PARKING
AUTHORITY/REDEVELOPMENT AGENCY
FEBRUARY 5, 2007
The Town Council of the Town of Los Gatos conducted a Regular Meeting on
Monday, February 5, 2007 at 7:30 P.M.
TOWN COUNCIL/PARKING AUTHORITY/ REDEVELOPMENT AGENCY
Due to technical difficulties, the start of the Council meeting through
the consent calendar is not available via video.
MEETING CALLED TO ORDER
ROLL CALL
Present: Mayor Joe Pirzynski, Vice Mayor Barbara Spector, Council Member
Steve Glickman, Council Member Diane McNutt, and Council Member Mike
Wasserman.
Absent: None.
PLEDGE OF ALLEGIANCE - LED BY FUTURE LEADER
The Pledge of Allegiance was lead by Joey Piazza, President of the student
body at Blossom Hill Elementary School, and Nick Piazza, Treasurer of the
student body at Blossom Hill Elementary School. The audience was invited to
participate.
CLOSED SESSION REPORT
CONFERENCE WITH REAL PROPERTY NEGOTIATOR
(Government Code Section 54956.8)
Property: 15900 Los Gatos Boulevard (Verizon)
Negotiating parties: Town of Los Gatos (Negotiator: Debra Figone, Town
Manager)
Owner’s Representative, Jeff Hardy, CB Richard Ellis
Under negotiation: Price and terms of payment
Mr. Korb stated that direction given and no action was taken.
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TOWN COUNCIL
CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION)
1. Adopt resolution granting appeal of a Planning Commission decision
denying modification of an approved Architecture & Site application
relating to grading and landscape improvements on property zoned
HR-2½. APN 537-24-013 and remanding application back to Planning
Commission for review. Architecture and Site Application S-06-066.
Property location: 15350 Suview Drive. Property
owner/applicant/appellant: Charles Hackett RESOLUTION 2007-012
2. Adopt resolution upholding Planning Commission decision denying a
request to construct an addition that exceeds the allowable floor area
ratio on property zoned R-1:8. APN 523-12-039. Architecture and Site
Application S-02-33. Property Location: 980 Cherrystone Drive.
Property owner/appellant: Joan Hinkin. RESOLUTION 2007-013
3. Project 0112 - (PPW Job No. 01-12) - Quito Road Bridge
Replacements Adopt resolution authorizing the Town Manager to
execute a new Cooperative Agreement with the City of Saratoga and
the Santa Clara Valley Water District for the Quito Road Bridge
Replacement. RESOLUTION 2007-014
4. Project (0715) - (PPW Job No. 05-16) Award of Construction Contract
for Oak Meadow Park Retaining Wall Replacement.
a. Ad opt Resolution declaring Casey Construction, Inc. to be the lowest
responsible bidder on the project and awarding a construction
contract in the amount of $45,460. RESOLUTION 2007-015
b. Authorize staff to issue change orders to the construction contract up
to an amount of $5,000.
c. Authorize budget revenue adjustment of $10,460 in State Proposition
12 Park Bond Funds for Project 410-0715.
d. Authorize budget expenditure adjustment of $10,460 in State
Proposition 12 Park Bond Funds for Project 410-0715.
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Consent Items – Continued
5. Tract No. 9521 - 14561 Winchester Boulevard Adopt resolution
accepting work of Classics at Vasona Ranch. L.P., and authorizing the
Town Manager to execute Certificate of Acceptance and Notice
of Completion for recording by the Clerk Administrator.
RESOLUTION 2007-016
6. Adopt resolution approving the Memorandum of Understanding
between the Town of Los Gatos and the Town Employees’
Association for the period November 1, 2006 through November 1,
2008 and authorize the Town Manager to execute the Memorandum of
Understanding. RESOLUTION 2007-017
7. Adopt resolution approving compensation for Confidential and
Temp/Hourly employees. RESOLUTION 2007-018
TOWN COUNCIL/REDEVELOPMENT AGENCY
8. Approve Council/Agency minutes of January 16, 2007.
MOTION: Motion by Council Member Steve Glickman to approve Consent
Items #1-8.
Seconded by Council Member Barbara Spector.
VOTE: Motion passed unanimously.
Council Member Barbara Spector abstained from Consent Item
#1.
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VERBAL COMMUNICATIONS
Mr. Byron
Commented regarding fund raising issues for the proposed skate park.
Questioned the role of the Youth Commission in fund raising.
Mrs. Figone
Clarified that the Council Policy Committee is reviewing a policy relating to
fundraising for the Town’s boards, commissions, and committees.
Commented regarding the upcoming Youth Commission forum to support
the skate park.
Commented regarding the policy on fund raising and reminded the Council
that they had asked that the community raise the remaining funds relating
to the skate park, and that the Youth Commission as advisory to the
Council would not fall under that category.
Council Comments
Commented on any commission attempting to raise funds as a
commission.
Commented that individuals could certainly raise funds as an individual of
the community, and not representing a commission.
Commented that unless this issue was agendized, Council would prefer to
wait until Policy Committee completes the fund raising policy for all
commissions.
Mr. Imrie
Commented regarding guidelines set for 16840 Cypress Way and that
some of the guidelines have not been followed.
Mr. Davis
Commented on the two public hearings before Council this evening.
Commented he feels there were violations of the Brown Act during the
meeting tonight.
Ms. Deloumi
Commented regarding the Skate Park Committee's fund raising goals.
Requested assistance from the community to help achieve these funding
goals.
Ms. Sayoc
Updated the Council and community on a project that the local League of
Women Voters is sponsoring to promote after school events for the youth
in the community.
Closed Verbal Communication
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PUBLIC HEARINGS
9. Adopt resolution authorizing the continued use of Supplemental Local
Law Enforcement Services Funds (SLESF) to provide funding for one
(1) full-time police officer assigned as a motorcycle traffic officer and
one (1) full-time police officer assigned as a school resource officer.
RESOLUTION 2007-019
Staff report made by Chief Scott Seaman, Los Gatos-Monte Sereno Police
Department.
Open/Close Public Hearing
MOTION: Motion by Council Member Mike Wasserman resolution
authorizing the continued use of Supplemental Local Law
Enforcement Services Funds (SLESF) to provide funding for one
(1) full-time police officer assigned as a motorcycle traffic officer
and one (1) full-time police officer assigned as a school resource
officer.
Seconded by Council Member Steve Glickman.
VOTE: Motion passed unanimously.
10. Consider a request for approval of a Planned Development to
construct a new residence, pool, tennis court and accessory
structures on property zoned HR-22. No significant environmental
impacts have been identified as a result of this project and a Mitigated
Negative Declaration has been recommended. Planned Development
Application PD-06-03. Negative Declaration ND-07-04. APNS 537-29-
007 & 008. Property location: Kennedy Road @ Forrester Road.
Property owner: Acorn Trust Applicant: Rob DeSantis
Staff report made by Bud Lortz, Director of Community Development.
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Public Hearings Continued – Item #10
Council Comments
Clarification regarding the Negative Declaration and the Environmental
Report relating to the two lots.
Clarification regarding the Planning Commission concerns relating to the
grading issues.
Clarification regarding the amount of buildable lots that would be allowable
on the property.
Clarification relating to the Hillside Design Guidelines and the proposed
project.
Clarification regarding the allowance of a 10,000 square foot home on the
property.
Clarification regarding site disturbance relating to off-hauling of dirt.
Commented regarding the reduction of off-haul and identifying the least
amount of impact to the hillside.
Clarification regarding the footprint of the proposed Planned Development.
Clarification regarding the value of designating the project as a Planned
Development.
Clarification on the restrictions involved with approving the project as a
Planned Development.
Open Public Hearing
Mr. DeSantis, Applicant
Commented regarding the proposed design.
Commented regarding the environmental im pacts, design changes,
evolved design, and reduction in grading.
Commented on the visibility impacts from the site if the off-haul of dirt was
not permitted.
Commented regarding the support from the neighbors.
Commented regarding the proposed home and compliance with the
Hillside Guidelines.
Mr. Landry, Architect
Commented regarding the site studies for the proposed project.
Commented regarding the varied roof line.
Commented regarding the accessory structures.
Commented regarding the reduction in the square footage in the proposed
plan.
Commented regarding the options relating to grading and the off-
hauling of dirt.
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Public Hearings Continued – Item #10
Mr. Landry, Architect - Continued
Commented that the proposed project conforms to the Town’s standards
and guidelines.
Mr. De Santis, Applicant
Commented regarding the proposed project and the green architecture.
Mr. Berger
Commented on supporting the proposed project.
Mr. Zubrycky
Commented on the environmental concerns and preserving the wildlife.
Commented regarding the views from his home.
Commented on supporting the proposed project.
Mr. Davis
Commented regarding the construction of massive homes in the
community.
Commented regarding community values.
Mr. Hancock
Commented on supporting the proposed project.
Commented regarding concerns to the neighbor’s views if the dirt was
moved to the top of the property.
Suggested that the trucks which would be off-hauling the dirt from the
property not go up Kennedy Road due to the tight turns and road
conditions.
Suggested that the trucks be diverted down Kennedy Road to Los Gatos
Boulevard.
Ms. Weber
Commented on supporting the proposed project.
Ms. Currie
Commented regarding the Hillside Specific Plan.
Commented regarding the off-haul of dirt and the amount of trucks which
would be traveling on Kennedy Road.
Mr. Guardino
Commented supporting the proposed project.
Mr. Morley
Commented on supporting the proposed project.
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Public Hearings Continued – Item #10
Mr. Ardizzoni
Questioned the practices of building large homes in the community.
Mr. Raasch
Commented on supporting the proposed project.
Ms. Quintana
Commented that the project is still in the evolving stages.
Suggested that the proposed project be sent back to staff or the Planning
Commission for more study.
Commented regarding the grading issues relating to the proposed project.
Commented regarding the topography if the dirt was to remain on the
property.
Mr. DeSantis, Applicant
Commented on supporting the proposed project.
Commented on the reductions made to square footage of the home.
Council Comments
Clarification regarding option #2 in the staff report relating to the off-haul of
dirt.
Commented on relocation of dirt through the Architectural and Site Plan.
Commented regarding the square footage of the home in relation to the
two lots.
Commented on the Hillside Guidelines relating to the proposed project.
Questioned several issues which exceed the Hillside Guidelines.
Questioned the Least Restrictive Development Area (LRDA) and the cut
and fill requirements.
Commented on the construction of slopes which exceed the 30% grading
policy.
Clarification regarding the Floor Area Ratio (FAR) of the proposed project.
Questioned the open space easement.
Questioned if there were any alternatives besides grading into the slopes
for the cabana, tennis courts, and pool.
Closed Public Hearing
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Public Hearings Continued – Item #10
Council Discussion
MOTION: Motion by Council Member Mike Wasserman to approve of PD
application with the conditions to direct staff to minimize
encroachment into the LRDA of the proposed project, with the zero
off haul option, and have staff bring back a final map.
Seconded by Council Member Steve Glickman.
This motion was rescinded by Council Member Mike Wasserman.
Council Comments
Commented on concerns relating to environmental impacts on the
property.
MOTION: Motion by Council Member Diane McNutt to continue matter with
direction given to staff to:
Limit the quantity of off-haul to less than 8,000 square feet.
Reduce encroachment into the (LRDA).
Reduce house size to be less than 10,000 square feet.
Return to Council on April 2, 2007.
Seconded by Mayor Joe Pirzynski.
Council Discussion
Commented regarding community values in Town.
Commented regarding environmental preservation.
Commented regarding directions relating to reductions to size of home ,
reduction to the LRDA encroachment, and grading.
VOTE: Motion passed 4/1. Council Member Barbara Spector voting no.
MAYOR CALLED FOR A RECESS.
MEETING RESUMED AT 9:50 PM
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OTHER BUSINESS
11. 16961 Placer Oaks Road
a. Determine whether to reconsider decisions granting an appeal of
Planning Commission decision granting an appeal denying a two-lot
subdivision (lot line adjustment) Subdivision Application m-06-01 and
denying demolition of a single family residence and construction of
two new residences: Architecture and Site Applications: S-06-016 (Lot
#1) and S-06-017 (Lot #2) As Appropriate:
b. Adopt resolution granting an appeal of a Planning Commission
decision granting an appeal denying a two lot subdivision (lot line
adjustment); Subdivision Application: M-06-01 RESOLUTION 2007-011
c. Adopt resolution granting an appeal of a Planning Commission
decision granting an appeal denying demolition of a single family
residence and construction of two new residences; Architecture and
Site application: S-06-016 (Lot #1); Architecture and Site Application:
S-06-017 (Lot #2) RESOLUTION 2007-010
Staff report made by Bud Lortz, Director of Community Development.
Council Comments
Council commended staff for their work on this project.
Questioned if there were any new modifications from applicant.
Commented that the applicant was proposing the overall height of the
second story home to be reduced by 18 inches.
Mayor Joe Pirzynski
Questioned if Council is still interested in reconsidering the decision.
Commented on the options to finalize a decision this evening.
Mr. Korb
Clarified the options before Council this evening.
Open Public Comment
Mr. Williams
Commented regarding the lack of light and views relating to the proposed
second story home.
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Other Business Continued – Item #11
Mr. Laurencio
Commented on supporting the proposed project.
Commented that he feels the proposed project is a benefit to the
neighborhood.
Mrs. Greene
Commented regarding her request to reconsider the decision.
Commented regarding her opposition to the proposed project.
Commented on submitting a petition against cutting down 11 trees to build
the proposed homes.
Mr. Greene
Commented on supporting the reconsideration because he feels that the
proposed project would change the character of the neighborhood.
Requested that the proposed project be sent back to the Planning
Commission.
Ms. Jewell
Commented on supporting the reconsideration.
Concerned about the proposed project relating to compatibility of the
home in relation to the size of the lot.
Commented regarding the loss of the trees on the property.
Ms. North
Commented regarding the pruning of the redwood trees on her property
line.
Mr. Ryvola
Commented regarding the loss of trees relating to the proposed project.
Would like to see a smaller home on the property.
Mr. Wagner
Commented on supporting the request for reconsideration.
Commented regarding the loss of light from the proposed second story
home.
Ms. Laslow
Commented on supporting the request for reconsideration.
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Other Business Continued – Item #11
Ms. Erickson
Commented on supporting the request for reconsideration.
Mr. Howell
Requested that Council support the decision made at the December 18,
2007 Town Council meeting.
Commented that the trees being removed are not native to the area and
some are considered shrubs.
Commented that the replacement trees will provide natural privacy for the
neighbors.
Commented that the proposed project meets all the Town’s guidelines.
Mr. Davis
Commented that he feels that the infill policy applies to this proposed
project.
Closed Public Comment
Council Discussion
Commented regarding compatibility with other homes in the
neighborhood.
Commented that the proposed project comply with the FAR guidelines.
Commented that the height reduction satisfies the height requirements for
the proposed project.
Commented regarding use of the trees as a natural privacy.
Commented that the proposed project complies with the Town's guidelines
and rules.
Commented that the numbers for FAR and height are only part of the
Town’s guidelines.
Commented on neighborhood compatibility, mass and bulk relating to the
proposed project.
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Other Business Continued – Item #11
MOTION: Motion by Council Member Diane McNutt
a. Adopt resolution granting an appeal of the Planning commission
decision granting an appeal denying a two lot subdivision
application: M-06-01.
b. Adopt a resolution granting an appeal of the Planning commission
decision granting an appeal denying demolition of a single family
residence and construction of two new residences; Architecture and
Site application S-06-016 (Lot#1) and Architecture and Site
application S-06-017 (Lot#2)
with conditions of approval to modification to submit height
reduction.
Seconded by Council Member Steve Glickman.
Council Discussion
Commented regarding the issue of reconsideration of the proposed
project.
Commented that there was no error by the Planning Commission.
Commented that there were no new facts presented before Council this
evening.
Commented on concerns regarding the vaulted ceilings.
Commented regarding the reduction of the roof pitch.
Commented on the views from the neighbor's backyards.
VOTE: Part B. Motion passed unanimously.
Part C. Motion passed 4/1. Council Member Barbara Spector
voting no.
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COUNCIL/TOWN MANAGER REPORTS
12. Council Matters
Council Member Steve Glickman
Requested to agendize a discussion regarding the roles for the Youth
Commission.
Suggested inviting the Youth Commission to attend a Council Meeting to
engage in discussion regarding their interests and to give them some
guidance.
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Council Matters - Continued
Council Comments
Commented that the fund raising policy for all commissions is a work in
progress and a report will be brought to Council after the March, 2007
Council Policy Committee meeting.
Suggested that a discussion would be more valuable after the committee
report was brought to Council.
Commented that a commissioner can fund raise as an individual no t
representing the Youth Commission.
Commented that Council will have a retreat with the Youth Commission
and all commissions in April.
Mrs. Figone
Commented on the Youth Commission’s desire to host a skate park forum
and her guidance on how the forum could be designed without direct fund
raising by the Youth Commission.
Commented that the Council Policy Committee is addressing the issues
relating to fund raising involvement.
No Council consensus to agendize Council Member Steve Glickman's request
at this time.
13. Manager Matters
None this evening.
ADJOURNMENT
Attest:
Jackie D. Rose, Clerk Administrator