MinutesDRAFT Council /Agency Meeting 4116112
Item #
MINUTES OF THE TOWN COUNCIL /PARKING AUTHORITY /REDEVELOPMENT
AGENCY MEETING
APRIL 2, 2012
The Town Council of the Town of Los Gatos conducted a Regular Meeting on Tuesday,
April 2, 2012 at 7:00 P.M.
CLOSED SESSION
PUBLIC EMPLOYEE ANNUAL PERFORMANCE EVALUATION [Government Code
Section 54957(b)(1)] Title: Town Attorney
CONFERENCE WITH LABOR NEGOTIATOR (Government Code Section 54957.6)
To meet with Town Negotiators listed below in closed session pursuant to Government
Code §54957.6 regarding negotiations with the Employee Organizations listed below:
Town Negotiators (Lead): Rumi Portillo, Human Resources Director
Employee Organization: Town Employees? Association (TEA)
MEETING CALLED TO ORDER - 7:00 P.M.
ROLL CALL
Present: Mayor Steve Rice, Vice Mayor Barbara Spector, Council Member Steven
Leonardis, Council Member Diane McNutt, and Council Member Joe Pirzynski.
Absent: None
PLEDGE OF ALLEGIANCE
PRESENTATIONS
Proclamation Los Gatos Poetry Month - Parthenia Hicks, Los Gatos Poet Laureate
Poetry Month Student Readings - Mason Babb, Elaine Hsieh, and Diangelo Reyes
West Valley Mission Community College District Bond
- Lori Gaskin and Adrienne Grey presented bond information.
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CLOSED SESSION REPORT
Judith Propp, Town Attorney, reported that Council met in Closed Session and took no
reportable action.
TOWN COUNCIL
COUNCIL /TOWN MANAGER REPORTS
Council Matters
Manager Matters
Greg Larson, Town Manager
- Commented that the first Oversight Board meeting will be April 4, 2012 at 1:30 in
the Council Chambers.
- Commented that the Youth Commission applications are due on May 9, 2012.
- Commented that the community meetings for the off -leash dog issue will be on April
25, May 9, and May 25, 2012.
- Commented that the Town is working with police, fire, and PG &E to investigate the
explosion that occurred in the Belwood neighborhood.
Did You Know ??
Parthenia Hicks, Los Gatos Poet Laureate
- Commented on local events to celebrate Los Gatos Poetry Month.
CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION)
1. Approve Council minutes of March 19, 2012
o Lee Quintana pulled Consent Item #1
2. PPW Job No. 12 -01 Pageant Ground Renovation Project 411- 825 -2501 Approve
plans and specifications for Pageant Grounds Renovation project and authorize
staff to advertise the project for bids.
o Council Member Joe Pirzynski pulled Consent Item #2.
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VERBAL COMMUNICATIONS
Ms. Elliot
- Expressed concern about operations at Hillbrook School.
PUBLIC HEARINGS
3. Architecture and Site applications S -06 -046 and S- 06 -64; Lot Line Adjustment
application M- 06 -09; Variance Application V -11 -001; and Negative Declaration
applications ND -08 -002 and ND -08 -003. Property Location: 339 and 341 Bella
Vista Avenue. Property Owner /Applicant: Dan Ross and Jake Peters. Appellant:
Dan Ross. Consider appeal of Planning Commission decisions denying a request
for a lot line adjustment, variance for reduced driveway length and construction of
two single - family residences on property zoned R -1:8. APNS 529 -23 -015 and 529-
23 -016.
Suzanne Avila, Senior Planner, presented the staff report.
Dan Ross, Appellant
- Commented that Council should approve the proposed project even though the
Planning Commission denied it.
- Commented on issues regarding the proposed project such as square footage,
traffic concerns, and variances.
- Commented that there is new information regarding changes to the architecture and
site, setback issues, and to reduce the square footage.
- Requested members of the public who support the proposed project to stand.
Opened the Public Hearing
Mr. Straight
- Expressed concern about the proposed project.
Mr. Stulkski
- Expressed concern about the proposed project.
Ms. Badame
- Expressed concern about the proposed project.
Mr. Tillman
- Expressed concern about the proposed project.
Ms. Johnson
- Expressed concern about the proposed project.
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Council Agenda Item #3 — continued
Mr. Coughlin
- Expressed concern about the proposed project.
Ms. Harris
- Expressed concern about the proposed project.
Mr. Schweickert
- Expressed concern about the proposed project.
Mr. Mcrae
- Expressed concern about the proposed project.
Ms. Quintana
- Expressed concern about the proposed project.
Mr. Wu
- Expressed concern about the proposed project.
Ms. Leishman
- Expressed concern about the proposed project.
Ms. Jensen
- Expressed support for the proposed project.
Mr. DiNapoli
- Expressed concern about the proposed project.
Ms. Chin
- Expressed concern about the proposed project.
Mr. Corral
- Expressed concern about the proposed project.
Mr. Adams
- Expressed concern about the proposed project.
Mr. Allen
- Expressed concern about the proposed project.
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Council Agenda Item #3 — continued
Mr. Ross
- Commented that the site is challenging.
- Commented that he did not intend to ignore the Planning Commission, but he
lacked clear direction.
- Commented on traffic safety in the area of the proposed project and explained that
the project will widen the road.
- Commented that there is a legal lot line adjustment option and that Town staff
recommended two smaller sites.
- Commented that the primary tree and others would be saved.
- Commented that the floor to area ratio is compatible with other homes in the
neighborhood.
- Commented that no neighbors have contacted him regarding the proposed project.
Council Members stated their disclosures.
Closed the Public Hearing
Council Discussion
- Questioned how conducive the lots are to construction.
- Questioned the role of precedent and how past granting of exceptions affects the
proposed project.
- Commented that there are major constraints generated by proximity to the street.
- Commented that the most recent application was from about 10 years ago.
- Questioned how the slope of the property is determined.
- Questioned whether any Town land will be transferred to the appellant.
Mr. Larson
- Commented that there are two legal lots that do have allowable square footage to
be built on them.
- Commented that decisions are made independently of other decisions based on the
individual characteristics of the property.
Ms. Propp
- Commented that the lots were legally subdivided and that it is within Council's
discretion to grant or deny the lot line adjustment.
- Commented that what matters is what is in place at the time the application is
made; therefore, exceptions made in the past are not necessarily decisive.
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Council Agenda Item #3 — continued
Ms. Avila
- Commented that she does not know the average slope, which is typically provided
by the applicant and then may be verified by consultants.
- Commented that there will be no land transfer.
- Commented that the property owner could file a new application at any time.
MOTION: Motion by Council Member Joe Pirzynski to deny the appeal and
uphold the Planning Commission's decision.
Seconded by Council Member Steven Leonardis
The following discussion occurred prior to the vote:
- Commented that there are significant limits on Council action because this is an
appeal, and there is no error in this case.
- Commented that, at some point in the future, there will likely be buildings on the
property and neighbors need to be prepared for that.
- Commented that the Planning Commission passed a specific motion regarding the
lot line adjustment, greater deviation on the rear setback, architecture and site
application, floor to area ratio, bulk and mass, and variance.
- Questioned the property owner's options going forward, if this project were denied.
Ms. Avila
- Commented that the property owner could file a new application at any time.
Mr. Larson
- Commented that there are a number of ways fees could be calculated and the
motion maker could include fees as part of the motion.
AMENDED MOTION: Motion by Council Member Joe Pirzynski to deny the
appeal and uphold the Planning Commission's decision and
for the appellant to pay full time and materials up to normal
fees on any future application filed by the appellant for the
project site.
Seconded by Council Member Steven Leonardis
VOTE: Motion passed unanimously.
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Mayor Rice requested a recess at 9:00 p.m. The meeting resumed at 9:06 p.m.
Pulled Consent Items
1. Approve Council Minutes of March 19, 2012.
Ms. Propp
- Commented that the Town Manager searched for Ms. Quintana, who pulled the
consent item, but did not locate her.
MOTION: Motion by Council Member Steven Leonardis to approve
Consent Item #1.
Seconded by Council Member Joe Pirzynski
VOTE: Motion passed unanimously.
2. PPW Job No. 12 -01 Pageant Ground Renovation Project 411 - 825 -2501 Approve
plans and specifications for Pageant Grounds Renovation project and authorize
staff to advertise the project for bids
Christy Wolter, Parks and Facilities Superintendent, presented the staff report.
Council Discussion
- Commented that the stamped concrete patio caused concern about the project
because of the need to preserve the historical park -like atmosphere for special
events.
- Commented that the view from the library would be best if there is vegetation.
- Commented that artificial turf should be considered and evaluated.
- Commented that more than one set of plans and specifications is not necessary
and that the process should be to provide information on the pros and cons of
artificial turf and other options.
Ms. Wolter
- Commented that there are other vegetation options to preserve the park -like feel of
the area.
Mr. Larson
- Questioned whether Council wanted different sets of plans and specifications for
various options such as artificial turf or whether Council requested more information
on options and a list of pros and cons.
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Council Agenda Item #3 — continued
MOTION: Motion by Council Member Joe Pirzynski to return PPW Job No.
12 -01 Pageant Ground Renovation Project 411 - 825 -2501 to staff
for further evaluation and return to Council with revised proposals,
particularly focusing on the issue of the patio area.
Seconded by Council Member Steven Leonardis
VOTE: Motion passed unanimously.
OTHER BUSINESS
There was no other business for this meeting.
ADJOURNMENT
The meeting adjourned at 9:26 p.m.
Attest:
Mazarin A. Vakharia
Clerk Administrator
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