M05-02-05TOWN OF LOS GATOS Council/Agency Meeting
CALIFORNIA Date: 05/16/2005
TOWN COUNCIL/PARKING AUTHORITY
JOINT REDEVELOPMENT AGENCY Item#_________
MAY 2, 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, May 2, 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 No closed session to report.
7:04 PM COMMENDATION Community/Business Recognition
Nick Baggarly, Executive Director (LONGITUDE) Expedition
Leader – Drive Around the World Organization.
Mayor Wasserman presented the commendation to Mr. Baggarly at
tonight’s meeting. Mr. Baggarly thanked all who where involved with the
expedition and commented that the funds raised went to support the
Parkinson’s Disease Research Foundation.
7:08 PM CONSENT ITEMS
#1-13
CONSENT ITEMS
TOWN COUNCIL
1. Accept Schedule of Public Hearings. (1-28)
2. Ratify Payroll for the period of March 27 – April 9, 2005 paid on
April 15, 2005. (2-V)
3. Ratify accounts payable for April, 2005. (3-V)
4. Accept treasurer’s report of February and March, 2005. (4-2)
5. Approve Council Study Session minutes of April 18, 2005.
Town Council Minutes May 16, 2005
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#1-13
Continued 6. Adopt a resolution to create a Bicycle Advisory Committee
comprised of one member of the Transportation and Parking
Commission, Parks Commission, and Youth Commission. (6-12)
RESOLUTION 2005-039
7. Hazardous Vegetation (Brush) (7-33)
a. Adopt resolution declaring hazardous vegetation (brush) a
public nuisance and providing for their abatement.
RESOLUTION 2005-040
b. Set June 20, 2005 as a public hearing on this annual
program.
8. Project 0426 – Fiscal Year 2004/05 – Retaining Wall Replacement
(8-24)
Adopt resolution approving plans and specifications for the
Retaining Wall Replacement Program and authorizing staff to
advertise the project for bids. RESOLUTION 2005-041
9. Project 0439 – Fiscal Year 2004/05 – CDBG Funded ADA
Improvements (9-39)
Adopt resolution approving plans and specifications for ADA
crosswalk improvements and authorizing staff to advertise the
project for bids. RESOLUTION 2005-042
10. Adopt ordinance of the Town of Los Gatos amending Division 1 of
Article III of Chapter 2 of the Los Gatos Town Code (Section
2.30.020) to designate the Mayor or Vice-Mayor to approve payroll
or attendance records of all Council-appointed employees and
elected officials of the Town Council. ORDINANCE 2142 (10-29)
11. Adopt an ordinance amending Town Code Section 29.20.200
(Conditional Use Modification). ORDINANCE 2143 (11-37)
REDEVELOPMENT AGENCY
12. Ratify accounts payable for April, 2005. (12-V)
Motion by Mr. Glickman to approve Consent Items #1-12.
Seconded by Mr. Pirzynski.
7:09 PM MAYOR CALLED
THE QUESTION
Items #1-10, and 12 carried unanimously. Item #11 carried 4/1. Mrs.
Spector voting no.
CONSENT ITEMS
# 1-13
TOWN COUNCIL/REDEVELOPMENT AGENCY
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Continued
PULLED ITEM# 13
13. Approve Council/Agency minutes of April 18, 2005
Mr. Davis
Commented against action only minutes and submitted minutes from
the City of Monte Sereno as an example of what he would like.
Motion by Mr. Pirzynski to approve Consent Item #13.
Seconded by Mr. Glickman.
7:13 PM MAYOR CALLED
THE QUESTION
Carried unanimously.
7:14 PM VERBAL
COMMUNICATION
VERBAL
COMMUNICATION
Continued
Mr. Davis
Commented on being removed from the April 18, 2005 Town
Council Meeting.
Commented that trees along Shannon Road are too close to the road
and would like to see money put into making Shannon Road a safer
route to avoid traffic accidents such as the recent one that killed a Los
Gatos teen.
Mayor Wasserman
Responded that Mr. Davis was asked to leave because he violated
Town Code relating to conduct at public meetings.
Mr. Seaman, Chief of Police
Commented that the investigation concluded that the accident was
caused by speed.
Mr. Caras
Asked how he could get involved to generate business in Los Gatos
and to his shop.
Mrs. Cosgrove
Commented on the certification of records and accessibility to review
and certify the documents.
Commented on the duties of the Elected Town Clerk.
Suggested making all records for the Elected Clerk available at
Council Meetings for her review.
Mr. Korb, Town Attorney
Repeated that all the material requested by the Elected Clerk is
available at Town Hall for her review.
Mr. Medalie
Updated Council on the golf balls falling on his property on
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Wedgewood Drive.
Commented on the absence of required signs at La Rinconada
Driving Range.
Asked for support from Council to ensure La Rinconada follows
through with their obligations.
Ms. Reynolds
Commented on the sidewalk progress on Wedgewood Drive.
Questioned the communication between the immediate neighbors and
the Town and asked how they could get more involved with the
design process of the sidewalks in their area.
7:30 PM CLOSED VERBAL
COMMUNICATION
7:31 PM OTHER BUSINESS
ITEM #14
UPDATE AND
DIRECTION ON
THE ROBERTS
ROAD BRIDGE
CLOSING.
TOWN COUNCIL
ITEM #14
Review updated report on the Roberts Road Bridge closing and provide
direction on the available options (14-33)
a. Adopt resolution closing Roberts Road Bridge to vehicular traffic, or
RESOLUTION 2005-043
b. Repair and rehabilitate the existing structure, or
c. Replace the existing structure.
Staff report made by John Curtis.
7:43 PM COUNCIL
COMMENT
Clarification regarding the cost between repairing Roberts Road
Bridge and replacing the bridge.
Questioned if the Town would have control of design if the bridge
was to be replaced.
Clarification on the improvements for the sight distance problem
regarding the existing bridge verses a new bridge.
Clarification on the 12-ton limit for the bridge and safety issues
regarding the load limit.
Commented on preserving the history of the bridge.
Questioned if Cal Trans will have funds available to replace the
bridge in future years.
Questioned pedestrian traffic and the time frame relating to option #1.
Questioned if complete removal of the bridge was an option.
7:57 PM OPEN PUBLIC
COMMENT
Ms. Lamborn
Commented that Roberts Road is very narrow and she would like to
see it remain closed to vehicles.
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Ms. Jordan
Commented that the existing bridge could be open to vehicles and
light truck traffic with minimal impact to the structure.
Would like to see the money spent to build a new bridge while Cal
Trans has funds available for the project.
Questioned if the issues regarding the bridge are seismic issues or
foundation issues.
Ms. Decker
Commented on the history of Los Gatos and the Roberts Road
Bridge.
Mr. Jeans
Suggested installing a height pole to control and deter the larger load
traffic.
Ms. Barela
Supports the replacement of the bridge.
Mr. Smedt
Supports the replacement of the bridge.
Ms. Gavin
Commented that the Ohlone Court neighbors would like to see the
bridge re-opened.
Stated that on busy park days it is very difficult to get in and out of
the neighborhood.
Mr. Littman
Supports the replacement of the bridge.
Mr. Davis
Commented on the engineer study done on the bridge and supports
the replacement of the bridge.
8:18 PM CLOSE PUBLIC
COMMENT
8:19 PM COUNCIL
DISCUSSION
Clarification regarding option #3 relating to the physical requirements
imposed by Cal Trans for the project.
Questioned the number of lanes if bridge is replaced
Commented on the historic value of the Roberts Road Bridge and
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would like to see the bridge restored rather than lose the history.
Suggested funding from historic preservation grants to restore the
bridge.
Clarification on Cal Trans “one time only” funding for the bridge.
Commented that the Town will always have options available if
changes need to be made.
Suggested beautification ideas if the bridge is to remain closed.
Motion by Mrs. McNutt to adopt resolution closing Roberts Road Bridge to
vehicular traffic.
Seconded by Mrs. Spector.
8:47 PM MAYOR CALLED
THE QUESTION
Carried 3/2. Mr. Glickman and Mr. Wasserman voting no.
8:48 PM BREAK Meeting resumed at 8:54 pm.
8:54 PM PUBLIC HEARING
ITEM #15
CONSIDER AN
APPEAL OF A
PLANNING
COMMISSION
DECISION
107 DRYSDALE
DRIVE
ITEM #15 (15-15)
Consider an appeal of a Planning Commission decision denying approval to
construct a single family residence on property zoned HR-1. No significant
environmental impacts have been identified and a Negative declaration is
recommended. Architecture and site application S-05-016. Negative
Declaration: ND-05-05. Property location: 107 Drysdale Drive. Property
owner/applicant/appellant: Howell & McNeil Development, LLC.
Staff report made by Bud Lortz.
8:57 PM COUNCIL
COMMENT
Questioned the grading issues if the house was reduced in length.
Requested clarification regarding the Planning Commission decision.
Clarification regarding the “Least Restrictive Development Area.”
Commented on the three dimensional model which presented a better
overview of the project.
Questioned stepping the home down the hill.
9:02 PM ITEM #15
Continued
APPLICANT/
Chris Spaulding, Architect
Stated that moving or stepping the home more would block the
neighbors view.
Commented that they wanted to stay within the Hillside Guidelines.
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APPELLANT
PRESENTATION
Moving the home to the east would make the project more visible to
the neighbors and Shannon Road.
Commented that a vehicle turn-around would exceed the retaining
wall limits, but the neighbors and owner of the property would like to
add the turn around.
Commented on adding more trees to hide the home.
Stated that the roof line has some articulation in current design.
9:11 PM OPEN PUBLIC
COMMENT
Larry Turner
Commented on vehicle parking during construction.
Would like to see the roof blend into the environment.
Supports request to add a vehicle turn around.
Commented on water protection in case of fires.
Dr. Pham
Commented on the proposed home blocking his view.
Commented on proposed landslides in case of an earthquake.
Sterling Hou
Supports the turn around on the property.
Commented on grading and blending the home with the environment.
Would like to send the design back to Planning Commission.
Lynn Waters
Commented that the home would be one of the largest homes in this
hillside area.
Commented on the roof lines impairing the neighbors view.
Asked if the home could blend more into the environment.
Mr. Davis
Commented on the story poles and the view of the home from a down
slope perspective.
9:30 PM CLOSE PUBLIC
COMMENT
9:32 PM ITEM #15
Continued
APPLICANT/
APPELLANT
CONCLUSION
Mr. Spalding, Architect
Explained the similarity of the home to others in the neighborhood
that follow the contours of the topography.
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9:33 PM COUNCIL
DISCUSSION
Discussed the conditions suggested by staff which would include:
1. Add a vehicle turn around on the property.
2. Soften flat wall on the north end of home by breaking it up to
match the design on the south end.
3. Provide increased articulation in the roof.
Suggested sending the project back to Planning Commission.
Commented on the mutual water district and the needs of the
neighbors.
Suggested that staff engage in dialogue with neighbors and San Jose
Water to resolve concerns.
Commented that breaking up the roof line would be more consistent
with the Hillside Plan.
Clarification on the cut and fill issues.
Commented that the roof did appear to have articulation.
Motion by Mr. Wasserman to grant appeal of the Planning Commission
decision denying approval to construct a single family residence on property
zoned HR-1. No significant environmental impacts have been identified and
a Negative declaration is recommended. Architecture and site application S-
05-016. Negative Declaration: ND-05-05. With the findings that new
information was submitted to the Council during the appeal process that was
not readily and reasonably available for submission to the Commission, and
that said information has a minimal effect on the application. Conditions to
include:
1. Add a vehicle turn around on the property.
2. Soften north end of home by breaking up the north and west
elevations of home to match the design on the south end.
3. Approval of exceptions as necessary to allow additional
grading to reduce the mass of the home.
Seconded by Mr. Glickman.
10:09 PM MAYOR CALLED
THE QUESTION
Carried 4/1. Mrs Spector voting no.
10:12 PM ITEM #16
CONSIDER AN
APPEAL OF A
PLANNING
COMMISSION
DECISION
ITEM #16 (16-15)
Consider an appeal of a Planning Commission decision denying a request to
construct a second story addition to a single family residence that will result
in a home that exceeds the floor area ration on property zoned HR-21/2.
APN: 527-55-036. Architecture and Site Application: S-05-017. Property
location: 310 Santa Rosa Drive. Property owner/appellant: John Versgrove.
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310 SANTA ROSA
DRIVE Staff report made by Bud Lortz.
10:16 PM COUNCIL
COMMENT
Clarification on the Planning Commission concerns regarding outline
and the increased roof line of the home.
Questioned if the balcony was removed would that reduce square
footage.
Clarification on minimum building codes regarding ventilation,
egress, and light factors.
10:21 PM APPLICANT/
APPELLANT
PRESENTATION
Tony Jeans, Architect
Commented on exceeding the Floor Area Ratio (FAR).
Commented on stone and slate verses stucco or wood for the exterior.
Stated that the courtyard can not be seen.
Questioned when it would be appropriate to exceed 6,000 square feet.
Commented on the attic space being converted to living space, and
asked for consideration since the additional space is not visible.
10:42 PM OPEN/CLOSE
PUBLIC COMMENT
No one spoke to this item.
10:43 PM APPLICANT/
APPELLANT
CONCLUSION
Tony Jeans, Architect
Requested Council give Planning Commission guidance if they
returned the application to Planning Commission.
10:44 PM COUNCIL
DISCUSSION
ITEM #16
Continued
COUNCIL
DISCUSSION
Questioned 26 square foot addition downstairs.
Commented on the exterior materials proposed, and asked for
clarification on the changes that have been requested by owner.
Discussed the Hillside Guidelines and ramifications of exceeding the
square footage limits.
Questioned policies relating to remodeling pre-existing, large homes.
Suggested exploring additional options to accomplish the applicant’s
goals.
Questioned if applicant would meet requirements if square footage
was reduced.
Questioned if applicant would be amenable to the use of stone or slate
instead of stucco.
Commented that square footage should be more in line with the
neighboring homes.
Discussed if re-design should be made at the Planning Commission
level.
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Motion by Mrs. McNutt to uphold the Planning Commissions decision.
Seconded by Mr. Pirzynski.
10:58 PM MAYOR CALLED
THE QUESTION
Motion failed 2/3. Mrs. Spector, Mr. Glickman and Mr. Wasserman
voting no.
10:59 PM MAYOR ASKED
FOR MOTION TO
EXTEND MEETING
Motion by Mr. Wasserman to extend meeting past 11:00 PM.
Seconded by Mr. Glickman.
11:01 PM MAYOR CALLED
THE QUESTION
Carried unanimously.
11:15 PM Motion by Mr. Glickman to grant appeal of the Planning Commissions
decision denying a request to construct a second story addition to a single
family residence that will result in a home that exceeds the floor area ration
on property zoned HR-21/2. APN: 527-55-036. Architecture and Site
Application: S-05-017. With the finding that an issue or policy over which
the Commission did not have discretion to modify or address, but which is
vested in the Council for modification or decision, applicant to make the
changes as recommended by additional conditions:
1. Applicant will be required to do all suggestions offered in visible
mass table.
2. Applicant will be limited to minimum building code requirements
for egress, ventilation, and light.
3. Building requirements include stone and slate.
4. Total floor area shall not exceed 7500 square feet.
Seconded by Mr. Wasserman.
11:24 PM MAYOR CALLED
THE QUESTION
Carried 3/2. Mr. Pirzynski and Mrs. McNutt voting no.
11:25 PM ITEM #17
COUNCIL
MATTERS
ITEM #17 (17-28)
Mr. Wasserman announced the “community unity” website.
11:26 PM ITEM #18
MANAGER
MATTERS
ITEM #18 (18-12)
None.
11:27 PM MEETING
ADJOURNED
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Submitted by: Attest:
Jackie D. Rose, Deputy Clerk MarLyn J. Rasmussen, Clerk Administrator
Secretary to the Redevelopment Agency