M08-01-05DRAFT TOWN OF LOS GATOS Council/Agency Meeting
CALIFORNIA Date: 08/15/2005
TOWN COUNCIL/PARKING AUTHORITY
JOINT REDEVELOPMENT AGENCY Item#_________
August 1, 2005/MINUTES
Los Gatos Civic Center
110 E. Main Street
Los Gatos, CA 95030
TIME ITEM ACTION ON ITEM
7:00 PM TOWN COUNCIL The Town Council/Parking Authority/Redevelopment Agency of the Town
of Los Gatos met in the Council Chambers of the Town of Hall,
110 East Main Street, at 7:00 PM, August 1, 2005, in a joint regular
session.
7:01 PM ROLL CALL Present: Steve Glickman, Diane McNutt, Joe Pirzynski, Barbara Spector,
and Mayor/Chairman Mike Wasserman
Absent: None
7:02 PM PLEDGE OF
ALLEGIANCE
The audience was invited to participate in the Pledge of Allegiance.
7:03 PM CLOSED SESSION CONFERENCE WITH REAL PROPERTY NEGOTIATOR
(Government Code Section 54956.8)
Property: Town of Los Gatos Wastewater System Assets
Negotiating Parties: Town of Los Gatos (Negotiator: Orry Korb, Town
Attorney)
West Valley Sanitation District (Negotiator: Robert
Reid, General Manager)
Under Negotiation: Price and terms of payment.
PUBLIC EMPLOYEE PERFORMANCE EVALUTAION
(Government Code Section 54957)
Title: Town Attorney
Mr. Korb stated that no action was taken.
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7:03 PM COMMENDATIONS Commendation
Mayor Wasserman presented commendations to:
Niosha Dance Academy (American Cancer Society Relay for
Life)
North Santa Cruz Avenue Street Repaving Project
1. Duran and Venables, Incorporated (Contractor)
2. Project Team
3. Peter Martyn, Cat-Struction Walk Kids Challenge
Winner
Mayor Wasserman thanked Duran and Venables and staff who were
involved in the five day completion of the repaving of N. Santa Cruz
Avenue. He also presented a certificate and “Cat-struction Mascot” to Peter
Martyn for winning the Cat-struction Walk Kids Challenge.
7:12 PM CONSENT ITEMS
#1-6
ITEM #5 PULLED
TOWN COUNCIL
1. Accept Schedule of Public Hearings. (1-28)
2. Accept report on Town Manager approved actions during Council
recess. (2-12)
3. Adopt resolution modifying a Conditional Use Permit for a restaurant
(Sushi E!) to allow the service of beer and wine with meals on
property zoned C-1. Conditional Use Permit U-05-014 APN: 407-
33-021 Location: 1458 Pollard Road Property owner: Rinconada
Hill Investment Company Applicant: Yoon Nyoun Kim.
RESOLUTION 2005-082 (3-15)
4. Adopt resolution authorizing Town Manager to execute agreement
between the Town of Los Gatos and the City of Monte Sereno for the
2005 Joint Street Resurfacing Project.
RESOLUTION 2005-083 (4-24)
TOWN COUNCIL/REDEVELOPMENT
6. Project 04-13 – Santa Cruz Avenue Resurfacing (6-24)
Adopt resolution accepting work of Duran and Venables,
Incorporated and authorizing the Town Manager/Executive Director
to execute Certificate of Acceptance and Notice of Completion for
recording by the Clerk Administrator/Secretary of the Redevelopment
Agency. RESOLUTION 2005-084 2005-12RD
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CONSENT ITEMS
#1-6
Continued
Motion by Mrs. McNutt to approve Consent Items #1-4 and #6.
Seconded by Mr. Pirzynski.
7:14 PM MAYOR CALLED
THE QUESTION
Carried unanimously.
7:15 PM CONSENT ITEMS
#1-6
Continued
PULLED ITEM #5
PULLED ITEM # 5
Mr. Davis
Commented that he felt that action only minutes do not
provide enough information to the reader.
Submitted minutes from the City of Campbell.
Motion by Mrs. McNutt to approve Consent Item #5.
Seconded by Mr. Pirzynski.
7:18 PM MAYOR CALLED
THE QUESTION
Carried unanimously.
7:19 PM VERBAL
COMMUNICATION
VERBAL
Jay Tuttle
Presented commendation and United States flag which flew over
the Capital to Chief Scott Seaman for his outstanding support to
the Los Gatos-Monte Sereno Police Pipe and Drums Team for
their participation at the Washington D.C Police week memorial
Services.
Tab Morales
Commented on requesting Town Council to support a moratorium
on the death penalty.
Jane Hills
Commented on requesting Town Council to support a moratorium
on the death penalty.
Ruth Silver Taubbe
Commented on requesting Town Council to support a moratorium
on the death penalty.
Terry McCaffrey
Commented on requesting Town Council to support a moratorium
on the death penalty.
Rosemary Everett
Commented on requesting Town Council to support a moratorium
on the death penalty.
Renate Frick
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COMMUNICATION
Continued
Commented on requesting Town Council to support a moratorium
on the death penalty.
June Gwartney
Commented on the meeting held by the Parks Commission and
Pacific, Gas and Electric regarding the Pinehurst Avenue proposal
to build a community garden.
Commented that trees would have to be taken down and that the
neighbors opposed the idea of a community garden.
Would like to know where the issue stands and how the
neighborhood can get involved to clean-up the area.
Mr. Davis
Commented on a memorandum from the Town Manager relating
to possible reduction and term limits for the Planning
Commission.
Marian Cosgrove
Commented on notification of certification of records and the
Elected Clerk position.
Mayor Wasserman asked for Council interest in agendizing the moratorium
issue.
Interest was expressed by Mr. Glickman and Mrs. McNutt to place the issue
on a future Council Agenda.
7:44 PM CLOSE VERBAL
COMMUNICATION
MAYOR CALLED
FOR A RECESS
Meeting resumed at 7:48 PM.
7:48 PM PUBLIC HEARINGS
ITEM # 7
ABATEMENT OF
HAZARDOUS
VEGETATION
(BRUSH)
TOWN COUNCIL
ITEM # 7 (7-33)
Abatement of Hazardous Vegetation (Brush).
a. Conduct public hearing to consider the report of the County
Agricultural Commissioner’s Office (available in the Clerk
Department) on the abatement of hazardous vegetation (brush) for
the 2004-2005 season.
b. Take no further action.
Staff report made by John Curtis.
7:49 PM COUNCIL
COMMENT
None at this time.
7:50 PM ITEM #7
Continued
Mr. Davis
Commented on the 150 foot clearance around homes for added
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OPEN PUBLIC
HEARING
prevention of fire.
Commented that the Town of Los Gatos has done nothing to
regulate the 150 foot clearance for fire protection.
7:53 PM CLOSE PUBLIC
HEARING
7:54 PM COUNCIL
DISCUSSION
Commented that 100% percent of the residents have complied
with the abatement.
7:55 PM ITEM # 8
ABATEMENT OF
HAZARDOUS
VEGETATION
(WEEDS)
ITEM # 8 (8-33)
Abatement of Hazardous Vegetation (Weeds)
a. Conduct public hearing to consider the report of the County
Agricultural Commissioner’s Office (available in the Clerk
Department) on the abatement of hazardous vegetation (brush) for
the 2004-2005 season.
b. Adopt resolution approving said report (available in the Clerk
Department). RESOLUTION 2005-085
Staff report made by John Curtis.
7:56 PM COUNCIL
COMMENT
None at this time.
7:57 PM OPEN PUBLIC
HEARING
None at this time.
7:57 PM CLOSE PUBLIC
HEARING
7:58 PM COUNCIL
DISCUSSION
Motion by Mrs. Spector to approve report and adopt the resolution.
Seconded by Mr. Pirzynski.
7:59 PM MAYOR CALLED
THE QUESTION
Carried Unanimously.
8:00 PM PUBLIC HEARINGS
Continued
ITEM # 9 (9-15)
Consider an appeal of the decision of the Planning Commission to approve a
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ITEM # 9
16942 MITCHELL
AVENUE
request to construct a second story addition to a single family residence on
property zoned RM: 5-12. APN: 529-18-014. Property location: 16942
Mitchell Avenue. Property owner/applicant/appellant: Doug Braga.
Staff report made by Bud Lortz.
8:01 PM COUNCIL
COMMENT
Questioned clarification of square footage of homes in the
neighborhood.
Clarification from the applicant regarding the three conditions
requested by the Planning Commission.
Questioned mitigation relating to the addition of privacy for the
window.
Clarification on the current bedrooms in the home and proposed
use of the additional area.
Questioned applicant about providing 360 exterior materials for
the proposed plan.
8:05 PM OPEN PUBLIC
HEARING
APPLICANT/
APPELLANT/
OWNER
Mr. and Mrs. Braga
Commented on the FAR of homes in the neighborhood.
Commented on being the third largest home on the street.
Would like to have additional space for growing family.
Commented that their proposed project is within all requirements
for FAR, height, and compatible with the neighborhood.
Commented that they are willing to work with staff on the 360
degree exterior siding.
Commented on the landscaping to shield the window.
Chrystal Wendt, Architect
Commented on using 50% of the footprint on the second floor.
8:15 PM Chris Shelley
Commented on the mixed siding and different elevations.
Commented on the diverse mass and scale for the proposed home.
Clarification on what is a neighborhood.
Commented on the project meeting all the written requirements.
PUBLIC HEARING
Continued
Thomas Engelmann
Stated that the neighbors to the rear should have the right to
privacy.
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ITEM #9
16942 MITCHELL
AVENUE
PUBLIC HEARING
Continued
Would like to see the design approved as proposed by the
Planning Commission.
David Breidenthal
Commented on the condition of the garage, and would like to see
it upgraded to Town standards.
Supports the Planning Commission decision.
Robert Beatty
Supports the proposed project.
Linda Caplinger
Commented on the FAR of the homes in the neighborhood.
Questioned what the Town considers a neighborhood.
Questioned the discrepancy of square footage records from the
County.
Commented that privacy should not be an issue given the lot line
distance separating the neighbors.
Ms. Yamamoto
Supports the proposed plans for the home.
Ms. Toombes
Supports the proposed plans for the home.
Ms. Beers
Supports the proposed plans for the home.
Mr. Peterson
Supports the proposed plans for the home.
Mr. Schaub
Supports the proposed plans for the home.
Mr. Davis
Commented on “due process” relating to the Planning
Commission’s decision.
Commented that there are no Planning Commissioners at the
meeting to comment on their decision.
Mayor Wasserman
Commented that all Council Members have the verbatim minutes
from the Planning Commission meeting, and therefore the
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ITEM #9
16942 MITCHELL
AVENUE
Planning Commission’s views are well represented.
8:40 PM PUBLIC HEARING
Continued
ITEM #9
APPLICANT/
APPELLANT/
OWNER
Chrystal Wendt
Commented on the amount of neighbors in favor of the project.
Commented that the proposed plans for the home may not have
the largest square footage in the neighborhood.
Mr. Braga
Stated that the project falls within all the Town’s design
guidelines.
Stated that the project would include bringing the attached garage
into compliance with the Town code.
Would like to see clarification on the definition of a
neighborhood.
8:45 PM CLOSE PUBLIC
HEAING
8:45 PM COUNCIL
DISCUSSION
PUBLIC HEARING
ITEM #9
Continued
Commented on the minutes from the Planning Commission
meeting, and for clarification on any new information presented at
tonight’s meeting.
Commented on the FAR of the duplex in the neighborhood.
Questioned the applicant’s willingness to complying with the 360
degree exterior.
Clarification regarding the status of the garage.
Questioned if improvement to the roof of the garage would be an
option.
Clarification on the Planning Commission’s conditions for
approval.
Size, bulk, mass and height of proposed addition,
maximum 2,528 square feet.
Consistency of exterior materials, 360 degree
architecture.
Reconfigure second story window.
Commented on solutions regarding the privacy of the window.
Questioned if the applicant would be willing to work with staff on
the proposed plans.
Commented on design elements rather than a tree screen as
privacy for the window.
Commented on reducing the square footage.
Commented that new information relating to the square footage
had come forward.
Suggested eliminating a cantilever to reduce mass and scale.
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COUNCIL
DISCUSSION
Motion by Mr. Glickman to uphold the Planning Commission decision
with changes to include 360 degree exterior wrap, the use of trees as
screening, look at mass and scale, but not to degree that Planning
Commission has suggested; and, possible reduction of FAR.
Seconded by Mrs. McNutt.
Questioned solution for mass and scale reduction.
Applicant is willing to work with staff, would like to keep the
square footage.
Suggested possible reduction of square footage by 10%.
Discussed whether or not enough new information has been
presented to Council to remand to Planning Commission.
Discussed whether or not the square footage of the duplex in the
neighborhood should be considered in compatibility analysis.
9:22 PM MAYOR CALLED
THE QUESTION
4/1 Mr. Glickman voting yes.
9:23 PM COUNCIL
DISCUSSION
Motion by Mr. Pirzynski to modify the Planning Commission decision and
to remand the project back to the Planning Commission with
recommendations to include the duplex and it’s FAR at 16203 George
Avenue as part of the neighborhood. Require 360 degree siding materials,
and address the privacy issue.
Seconded by Mr. Wasserman.
9:25 PM COUNCIL
DISCUSSION
Discussed resolving the matter at Council level.
Commented on following the appeal process.
Clarification on the Planning Commission appeal process.
Commented on 16203 George St relating to square footage not
FAR.
9:31 PM MAYOR CALLED
THE QUESTION
4/1 Mr. Pirzynski voting yes.
9:32 PM PUBLIC HEARING
ITEM #9
Continued
COUNCIL
Motion by Mr. Wasserman to grant the appeal of the Planning Commission
on the grounds that this is not the largest home in the neighborhood, and
there is no written policy for Planning Commission to determine what
constitutes a neighborhood. Conditions to include:
Exterior finishing materials 360 degrees around home.
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DISCUSSION Square footage as proposed at 2,954 square feet.
The height and setbacks being under the Town’s guidelines.
Work with Director of Community Development to mitigate any
privacy issues.
Directors report to be presented to Planning Commission as
information.
Added conditions to reduce left and right mass and scale to satisfaction of
Community Development Director:
1. Step back the side of second floor, and or,
2. Adding architectural techniques to reduce mass and scale, and
or,
3. 10% floor area reduction.
Seconded by Mr. Glickman.
9:50 PM MAYOR CALLED
THE QUESTION
3/2 Mr. Pirzynski and Mrs. Spector voting no.
9:51 PM MAYOR CALLED
FOR A RECESS
Meeting resumed at 9:57 PM.
PUBLIC HEARINGS
Continued
ITEM #10
42 AND 44 ELM
STREET
ITEM #10
Consider a request to modify a Conditional Use Permit to expand an existing
restaurant, add additional seats and for an alternating use of parking on
property zoned C-2. APN: 529-03-035, Property location: 42 and 44 Elm
Street. Property owner: Michael T. Cobler. Applicant: Nicholas Difu.
Staff report made by Bud Lortz.
10:02 PM COUNCIL
COMMENT
Questioned lease of the children’s salon.
Questioned phantom parking spaces.
Clarification on the amount of “quality dining” restaurants in the
downtown area.
Commented on the loss of ground floor retail space.
10:09 PM OPEN PUBLIC
HEARING
ITEM #10
Continued
Nicholas Difu
Commented that more seating would be needed to achieve the
restaurant style.
Commented on maintaining a “small town” restaurant.
Commented on his ideas for a quality restaurant.
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APPLICANT
42 AND 44 ELM
STREET
10:15 PM PUBLIC HEARING
ITEM #10
Continued
Ms. O’Gorman
Commented on the ambiance of Café Rouge.
Does not support the expansion of the restaurant.
Gini Bellawala
Commented on not supporting the expansion of the restaurant.
Commented on the “small town and small business” friendliness.
Would like to see the salon remain next to Café Rouge.
Jeff Wark
Does not support the expansion of the restaurant.
Would like to see Café Rouge remain as it is today.
Farhad
Stated that he has nothing to do with the application.
Does not support the expansion of the restaurant.
Dan Shaw
Commented on supporting the expansion of the restaurant.
Mr. Arzie
Commented on the use of the Central Business District & Town
policy.
PUBLIC HEARING
Continued
APPLICANT
Nicholas Difu
Thanked Council for taking the time to hear this item.
Questioned if the Elm Street location would be a possible location
for a larger type restaurant in the future.
CLOSE PUBLIC
HEARING
ITEM #10
Continued
COUNCIL
DISCUSSION
Commented on preserving the space for potential retail
establishments.
Commented on the quality of Mr. Difu’s work.
Stated that the Town has limited retail space and retail spaces
need to be protected.
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Questioned if the salon portion of the building is a viable retail
space.
Clarification on findings for a conditional use permit for this
location and the objectives of the General Plan.
Motion by Mrs. McNutt to deny the application for a request to expand an
existing restaurant at 42-44 Elm Street, and preserve that space for potential
retail space in the future and encourage the applicant to look for another
location elsewhere in Los Gatos.
Seconded by Mr. Pirzynski.
MAYOR CALLED
THE QUESTION
4/1 Mr. Glickman voting no.
Mrs. Spector recused from Item #11 regarding 50 University Avenue
due to the fact that she resides within 500 feet of the establishment.
10:37 PM OTHER BUSINESS
ITEM #11
50 UNIVERSITY
AVENUE,
SUITE 180
THE WINE CELLAR
ITEM #11 (11-37)
Consider a request to modify a Conditional Use Permit for a restaurant to
legalize the increase in the number of seats, to modify the type of allowed
entertainment and to increase the days when entertainment is available on
property zoned C-2:PD:LHP. Conditional Use Permit: U-03-7 APN: 529-
02-044 Location: 50 University Avenue, Suite 180 Property Owner: Federal
Reality Applicant Steve Hauck (Wine Cellar).
(continued from 6/20/05)
Staff report made by Bud Lortz.
10:44 PM COUNCIL
COMMENTS
Commented on compliance with the Alcohol Policy.
Clarification on the restriction on number of private parties and
allowing amplified music for private parties only.
Clarification on hours of operation which the applicant requested
verses the Town’s Alcohol Policy.
Clarification on use of amplified music.
10:49 PM ITEM #11
Continued
OPEN PUBLIC
COMMENT
Mr. Arzie
Commented on saturating the Central Business District with high
use operations.
Ms. Warner
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11:04 PM
50 UNIVERSITY
AVENUE
SUITE 180
THE WINE CELLAR
ITEM #11
Continued
PUBLIC COMMENT
50 UNIVERSITY
Commented on Town policy relating to alcoholic beverages and
the standards for entertainment. Questioned if standards have
been adopted.
Mrs. Decker
Commented on the process problem and definition of the Alcohol
Beverage Policy.
Commented on the requirements for the entertainment portion of
the Alcohol Beverage Policy.
Mr. Voss
Questioned the parking problems associated with late night
establishments.
Does not support the request for modification of the Wine Cellar.
Mr. Spector
Commented on the Alcohol Beverage Policy and how it relates to
the Wine Cellar.
Questioned if adopting any of the options tonight would require
reconsidering the Alcohol Beverage Policy, which would require
a full public hearing.
Mrs. Spector
Spoke as a resident and neighbor regarding the Alcohol Beverage
Policy pertaining to entertainment.
Commented on Council adopting standards which would address
issues such as live entertainment and night clubs or choosing not
to adopt standards to deter late night establishments in Town.
Commented regarding the noise from customers leaving late night
establishments.
Commented against adhoc exceptions which fail to give direction
to owners and neighbors.
Mrs. Spector left the Council Chambers.
Ms. Morgan
Commented on the impacts of favoring one application relating to
the Alcohol Beverage Policy.
Would like to see standards established within the Alcohol
Beverage Policy for all business to follow regarding live
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AVENUE
SUITE 180
THE WINE CELLAR
entertainment.
Mr. Slutman
Commented on the Alcohol Beverage Policy.
Ms. Stewart
Commented regarding impacts on the neighborhood pertaining to
the night clubs.
Mr. Davis
Commented on the crowds leaving the late night establishments.
CLOSE PUBLIC
COMMENT
11:15 PM COUNCIL
DISCUSSION
Motion by Mr. Pirzynski to accept conditions of approval as stated in
Alternative #5, on pages 1 and 2, of the August 1, 2005 staff report granting
approval to modify a Conditional Use Permit located at 50 University
Avenue.
Seconded by Mr. Wasserman.
Commented on having an Alcohol Beverage standards Policy.
Commented on the potential for a night club situation.
11:22 PM MAYOR CALLED
THE QUESTION
3/1/1 Mr. Glickman voting no. Mrs. Spector recused.
11:23 PM ITEM #11
Continued
50 UNIVERSITY
AVENUE
SUITE 180
THE WINE
CELLAR
Steve Hauck , Wine Cellar,
Approached the podium to ask the Mayor when he could speak to
this issue.
Mr. Wasserman granted Mr. Hauck 2 minutes to speak.
Mr. Korb, Town Attorney, clarified for the record, that it was stated that
the public hearing was closed, and it was clarified that there was no special
speaking opportunities for the applicants. Council asked for any persons who
wished to speak to the application during the item.
ITEM #11
Continued
50 UNIVERSITY
AVENUE
SUITE 180
Steve Hauck, Applicant, Wine Cellar
Commented on live music at the establishment.
Commented on the establishment having live music for the last 40
years with no complaints.
Would like to have seen the items voted on in three separate
issues.
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Mrs. Spector took her seat in the Council Chambers.
11:26 PM ITEM #12
COUNCIL
MATTERS
ITEM #12
Mr. Glickman
Re-raised an issue regarding leaf blowers, and asked for Council
interest in agendizing the issue for future discussion
Interest was expressed by one additional Council Member to
place the issue on a future agenda.
Motion by Mr. Wasserman to extend the meeting past 11:30 PM.
Seconded by Mr. Pirzynski. Carried unanimously.
Commented on the unique evening Friday night when the N.
Santa Cruz Avenue was closed to traffic, but open to public
access.
Suggested considering closing the street again sometime in the
future.
11:37 PM ITEM #13
MANAGER
MATTERS
ITEM #13
None.
11:38 PM MEETING
ADJOURNED
Submitted by: Attest:
Jackie D. Rose, Deputy Clerk MarLyn J. Rasmussen, Clerk Administrator
Secretary to the Redevelopment Agency