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2011020701b - Special meeting of 01/31/2011Council /Agency Meeting: 02/07/11 Item # , q MINUTES OF THE TOWN COUNCIL /PARKING AUTHORITY /REDEVELOPMENT AGENCY SPECIAL MEETING JANUARY 31, 2011 The Town Council of the Town of Los Gatos conducted a Regular Meeting on Monday, January 31, 2011 at 5:30 P.M. TOWN COUNCIL/PARKING AUTHORITY /REDEVELOPMENT AGENCY CLOSED SESSION BEGINS AT 5:30 P.M. STUDY SESSION CALLED TO ORDER AT 5:40 P.M. BOARDS /COMMISSION /COMMITTEES INTERVIEWS • Arts and Culture Commission (2 vacancies, 3 applicants) • Community Services Commission (3 vacancies, 3 applicants) • General Plan Committee (1 vacancy, 1 applicant) • Library Board (1 vacancy, 2 applicants) • Parks Commission (2 vacancies, 6 applicants) • Transportation and Parking (2 vacancies, 2 applicants) MEETING CALLED TO ORDER - 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. CLOSED SESSION REPORT PUBLIC EMPLOYEE PERFORMANCE EVALUATION (ANNUAL) Government Code Section 54957 (b)(1) Title: Town Manager CONFERENCE WITH LABOR NEGOTIATOR (Government Code Section 54957.6) Agency Negotiator: Rumi Portillo, Human Resources Director Unrepresented Employee: Town Manager Ms. Propp, Town Attorney, stated that direction was given and no reportable action was taken. Page 1 BOARDS /COMMISSION /COMMITTEES APPOINTMENTS Arts and Culture Commission (2 vacancies, 3 applicants) Dennise Carter was appointed and Jonathan Knowles was re- appointed to the Arts and Culture Commission. Community Services Commission (3 vacancies, 3 applicants) • Michele Boudreau and Judy Glickman were appointed and Susan Gomez was re- appointed to the Community Services Commission. General Plan Committee (1 vacancy, 1 applicant) • Marisa Miller was appointed to the General Plan Committee. Library Board (1 vacancy, 2 applicants) • No applicants were appointed to the Library board. • Mayor Joe Pirzynski requested that the Town Clerk Administrator re- advertise the vacancy. Parks Commission (2 vacancies, 6 applicants) • Jon Lambert and Karen Deloumi were appointed to the Parks Commission. Transportation and Parking (2 vacancies, 2 applicants) Nick Goddard and Leonard 'Butch" Lumby were appointed to the Transportation and Parking Commission. Mayor Joe Pirzynski requested consensus to appoint David Stonesifer as the Arts Professional to the Arts and Culture Commission. • Consensus was given for the appointment. Council Discussions • Requested that staff clarify whether or not Council should allow incumbents and new applicants to be voted on if they do not attend the interview process and the second is to clarify the enabling resolutions where it states that a commissioner may keep their seat until a successor is appointed. • Commented that it seems confusing to have that kind of language in the enabling resolutions. Mr. Larson Clarified that staff will bring forward recommendations prior to the next interview /appointment process. TOWN COUNCIL VERBAL COMMUNICATIONS • Open /Closed Verbal Communications Page 2 PUBLIC HEARINGS 1. Consider an appeal of a Planning Commission decision denying a request to construct a single - family residence on a vacant parcel created by a three -lot subdivision on property zoned R -1:8. APN 527 -42 -008. File #s- 09- 33Architecture and Site Application S- 09 -33. Property location: 15928 Union Avenue - Parcel 2. Property Owner: 217 O'Connor LLC. Applicant/appellant: Tony Jeans, T.H.I.S. Design. Project Planner: Suzanne Davis. Staff report made by Suzanne Davis, Senior Planner. Open Public Hearing Tony Jeans, Applicant • Commented that Lot #2 has been redesigned and the mass has been reduced to less than 22 feet. • Commented that the balcony has been moved to address Ms. Lynott's privacy concerns. • Commented that he reduced the mass by redistributing a portion of the second story. • Expressed that he reduced the height by three inches by using a smaller floor joist. • Commented that Council had requested that he reduce the height, increase the side setback, and decrease the mass. He feels that he has complied with all three requests. Council Comments Requested clarification on the methodology used to lower the proposed home. Questioned if there is a grade change between the homes and if Mr. Magnano's home is lower than the proposed home on Lot #2. Questioned if Mr. Jeans has entertained the idea of adding a cellar. Mr. Jeans • Clarified that there is a about a foot difference between the grades of the homes. • Clarified that a basement was considered, but the soil testing determined a heavy clay layer and too much water run -off. • Commented that many of the homes in the neighborhood have sump pumps. Mr. Beusing Commented against the proposed project and requested that Council uphold the Planning Commission's decision to deny appeal. Page 3 Public Hearing Item #1 - Continued Mr. Mangano • Expressed concern that there is an increase of mass with the new design of the home on Lot #2. • Commented against the proposed project and requested that Council uphold the Planning Commission's decision to deny appeal. Mr. Schwarz • Commented against the proposed project and requested that Council uphold the Planning Commission's decision to deny appeal. Mr. Mitchell • Commented against the proposed project and requested that Council uphold the Planning Commission's decision to deny appeal. Ms. Lynott • Commented that the home will block her views and her privacy. • Commented against the proposed project and requested that Council uphold the Planning Commission's decision to deny appeal. Mr. Jeans • Commented that the new design has the balcony facing the south and does not impact any neighbors. • Commented that the proposed home is consistent with other homes in the neighborhood. • Commented that the proposed home conforms to Town Codes. • Commented that the volume of the home is significantly smaller. • Commented that the height was decreased and the side setbacks were increased. • Commented that they have addressed the mass in a way that is compatible with the neighborhood and significantly less than the bulk and mass that Council objected to originally. Council Comments Questioned if staff had any problem with the technical deduction of the proposed home. Ms. Davis Clarified that it is a minor change, but staff would like to work with the Consulting Architect to make sure that the technical change is done in an appropriate manner. Closed Public. Hearing Page 4 Public Hearing Item #1 — Continued Council Discussions • Expressed concerns about neighborhood compatibility and which surrounding neighborhoods should be used to determine compatibility. • Commented about the neighbors' concerns relating to a Planned Development. • Expressed concerns about the community benefit. • Commented that the Residential Guidelines did help when trying to define a neighborhood. • Clarified that Panorama Way should not solely be used when determining neighborhood compatibility. • Expressed concerns about the overall mass of the proposed home on Lot #2. • Commented that neighborhood compatibility should include all of the homes in the area. • Commented that lowering the mass is different than reducing the mass. Mass should be viewed not only up but also from the sides and lower areas of the home. • Expressed concerns that the mass was not reduced with the revised plans. • Would like to see the project go back to the Planning Commission to address the issues. • Suggested that the Planning Commission, when it comes to neighborhood compatibility, look at all the documents that apply, take the facts from the public, and apply them to the Town's Codes. • Clarified that mass is not the same as square footage. Mass is considered as the visual impact. MOTION: Motion by Council Member Barbara Spector to remand the Architecture and Site application back to the Planning Commission with specific direction that the Planning Commission be mindful of the resolution that was adopted by the Council in August 2010 and also be mindful when determining neighborhood compatibility consistent with the Residential Guidelines. Direct staff to bring forward a new resolution with the direction given by Council during the discussion. Seconded by Vice Mayor Steve Rice. Council Discussions Questioned if a new resolution would be necessary and would it need to come back to Council for approval. Expressed concerns about the increase in square footage for the proposed project. P?ge 5 Public Hearing Item #1 — Continued Ms. Propp Clarified that Council could direct staff to bring forward a new resolution and remand the appeal. VOTE: Motion passed 312. Mayor Joe Pirzynski and Council Member Diane McNutt voted no. OTHER BUSINESS There is no Other Business scheduled for this meeting. ADJOURNMENT Attest: Jackie D. Rose, Clerk Administrator Page 6