M08-15-05DRAFT TOWN OF LOS GATOS Council/Agency Meeting
CALIFORNIA Date: 09/06/2005
TOWN COUNCIL/PARKING AUTHORITY
JOINT REDEVELOPMENT AGENCY Item#_________
August 15, 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 15, 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.
Mr. Korb stated that no action was taken.
7:04 PM COMMENDATIONS Commendation
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Mayor Wasserman presented commendations to:
Megan Riley, Parks Commission, Student Member
Sam Richards, Parks Commission, Student Member
Megan Riley was present to accept her commendation for the services and
time she has given to the Parks Commission.
7:06 PM CONSENT ITEMS
#1-14
ITEM # 12 and #14
PULLED
CONSENT ITEMS
TOWN COUNCIL
1. Ratify payroll for months of: (1-V)
a. June 2005
b. July 2005
2. Ratify accounts payable for months of: (2-V)
a. June 2005
b. July 2005
3. Accept Treasurer’s Report for fourth quarter 2004/05 (April-June)
(3-2)
4. Appoint Student Commissioners (4-12)
a. Accept Parks Commission recommendation to appoint
Emily Machado and Paige White as Parks Commission:
Student Member.
b. Accept Community Services Commission recommendation
to appoint Leila Vaez-Iravani and Elanah Entin as
Community Service Commission: Student Members.
5. Approve response to Santa Clara County Civil Grand Jury Final
Report – Tasers – Training and Tracking. (5-28)
6. Adopt resolution accepting Investment Policy dated August 9, 2005.
RESOLUTION 2005-86 (6-2)
7. Adopt resolution authorizing Town Manager to execute agreement
with Public Dialogue Consortium to provide
facilitation/communication consultant services not to exceed $20,000.
RESOLUTION 2005-87 (7-29)
8. Adopt resolution authorizing the Town Manager to execute a
memorandum of understanding between the Town of Los Gatos and
the City of San Jose as administrator of the San Jose Silicon Valley
Workforce investment Board. RESOLUTION 2005-88 (8-29)
9. Adopt resolution in support of the guidelines and standards and the
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#1-14
Continued
2005-2006 Implementation Program of the Water resources
Protection Collaborative for the planning and permit regulation for
the protection of water resources within the Santa Clara Valley Water
District. RESOLUTION 2005-89 (9-40)
10. Adopt resolution granting an appeal of the decision of the Planning
Commission to approve a 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.
RESOLUTION 2005-90 (10-15)
11. Adopt resolution denying 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. Property
location: 42/44/Elm Street. Property owner: Michael T Cobler.
Applicant: Nicholas A. Difu. RESOLUTION 2005-91 (11-15)
REDEVELOPMENT AGENCY
13. Ratify accounts payable for months of: (13-V)
a. June 2005
b. July 2005
Motion by Mr. Glickman to approve Consent Items #1-11 and #13.
Seconded by Mr. Pirzynski.
7:09 PM MAYOR CALLED
THE QUESTION
Consent Items #1-9, #11 and #13: Carried unanimously.
Consent Item #10: 3/2 Mrs. Spector and Mr. Pirzynski voting no.
7:11 PM OPEN VERBAL
COMMUNICATION
VERBAL
COMMUNICATION
Mr. Schiendler
Commented that he felt his name was misused in the local paper
noting a lawsuit between the City of Monte Sereno and his
neighbor. He commented that he has no involvement with the
lawsuit, and can not understand why his name is found in the
police files.
Commented on law enforcement code of ethics.
Mr. Davis
Commented on “fast tracking” relating to the Building
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Continued Department in San Francisco.
Commented on the land use process for the Town of Los Gatos.
He stated that the public should be more involved with the land
use process.
Mr. Pirzynski commented and clarified that the Development Review
Committee operates well with staff, Council and volunteers and stated that
Mr. Davis’s remarks are unfounded.
7:21 PM CLOSE VERBAL
COMMUNICATION
7:22 PM PUBLIC HEARINGS
ITEM # 15
AMEND TOWN
CODE
FORMULA RETAIL
BUSINESS
TOWN COUNCIL
ITEM # 15 (15-37)
Introduction of an ordinance amending the Town Code Section 29.10.020
regarding the definition of formula retail business. It has been determined
that this project could not have a significant impact on the environment,
therefore, the project is not subject to the California Environmental Quality
Act (Section 15061 (b)(3)). Zoning Code Amendment A-05-02. Applicant:
Town of Los Gatos.
Staff report made by Bud Lortz.
COUNCIL
COMMENT
None.
7:26 PM OPEN/CLOSE
PUBLIC HEARING
DIRECT CLERK
ADMINSITRATOR
TO READ THE
TITLE
Mr. Wasserman directed the Clerk Administrator to read the title of the
ordinance.
COUNCIL
DISCUSSION
Motion by Mrs. McNutt to wave the reading of the ordinance.
Seconded by Mrs. Spector.
MAYOR CALLED
THE QUESTION
Carried unanimously.
ITEM #15
Continued
Motion by Mrs. McNutt to accept the Planning Commission minutes
regarding the zoning code amendment.
Seconded by Mr. Pirzynski.
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COUNCIL
DISCUSSION
MAYOR CALLED
THE QUESTION
Carried unanimously.
COUNCIL
DISCUSSION
Continued
Motion by Mrs. McNutt to introduce the ordinance to approve the
amendments to section 29.10.020 regarding the definition of Formula Retail
Business.
Seconded by Mr. Glickman.
MAYOR CALLED
THE QUESTION
Carried unanimously.
7:28 PM ITEM # 16
AMEND TOWN
CODE TO ADOPT
NATIONAL
ELECTRICAL
CODE
ITEM # 16 (16-37)
Introduction of ordinance amending Chapter 6 of the Town of Los Gatos
Municipal Code, adopting the 2002 National Electrical Code with 2004
California amendments deleting outdated amendments and adopting minor
corrections. Applicant: Town of Los Gatos.
Staff report made by Bud Lortz.
COUNCIL
COMMENT
None.
OPEN/CLOSE
PUBLIC HEARING
DIRECT CLERK
ADMINSITRATOR
TO READ THE
TITLE
Mr. Wasserman directed the Clerk Administrator to read the title of the
ordinance.
COUNCIL
DISCUSSION
Motion by Mr. Pirzynski to wave the reading.
Seconded by Mrs. Spector.
MAYOR CALLED
THE QUESTION
Carried Unanimously.
ITEM #16
Continued
COUNCIL
DISCUSSION
Motion by Mr. Pirzynski to introduce the ordinance to approve the
amendments to Town Code Chapter 6 and adopt the 2002 National Electrical
Code with California amendments.
Seconded by Mr. Glickman.
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MAYOR CALLED
THE QUESTION
Carried unanimously.
7:30 PM OTHER BUSINESS
ITEM #17
ALTERNATIVES TO
THE STRUCTURE
OF THE
PLANNING
COMMISSION
ITEM #17 (17-37)
Consideration of alternatives to the structure of the Planning
Commission and provide direction before making next regular
appointments to the Commission.
Staff report made by Bud Lortz.
COUNCIL
COMMENTS
None.
7:31 PM OPEN PUBLIC
COMMENT
Mr. Davis
Commented that he felt that the staff report left out Planning
Commission recommendations relating to possible reductions to
the size of the Planning Commission and possible reduction to the
term limits.
Mr. Slutman
Commented on the diversity with 7 members and would like to
see this remain for the Planning Commission.
Commented on lack of quorum if commission were reduced to 5
members
Commented that he feels, as a former Commissioner, that a larger
commission would allow broader representation.
Commented that less is not always best and he would like to see
the 4 year term limit remain in order to have continuity and a
reasonable learning curve.
7:38 PM CLOSE PUBLIC
COMMENT
7:38 PM ITEM #17
Continued
ALTERNATIVES TO
THE STRUCTURE
OF THE
Clarified that Council did ask for feedback from the Planning
Commission relating to structural changes, and had listened to the
meeting on FTR.
Commented on concerns relating to the drop in property values in
the Town.
Concerned that the planning process might be perceived as too
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PLANNING
COMMISSION
COUNCIL
DISCUSSION
ITEM #17
Continued
ALTERNATIVES TO
THE STRUCTURE OF
THE
PLANNING
cumbersome.
Commented that responsibility lies with the Council and
suggested closely monitoring and reviewing the Planning
Commission and process.
Would like to see allocation of funds for more training and
development of the Planning Commission members.
Suggested that the application process for Planning Commission
should include completion of the Leadership Los Gatos program,
knowledge of the General Plan, Hillside Plan, Commercial
Guidelines; and, attendance at several Planning Commission
meetings.
Commented on orientation being provided for perspective
Planning Commissioners before applicants are interviewed.
Suggested that the Council Policy Committee could develop
options for training which may increase recruitment and also help
the current commissioners.
Would like to see the commission remain at 7 members and 4
year terms.
Commented on diversity with a 7 member commission.
Commented that the best training tool is “on the job experience,”
and suggested that Council Members and commissioners who
have this knowledge should make themselves available to assist
and educate new members.
Commented on the importance of annual reviews and attendance.
Commented that continued training and materials should be
readily available.
Direct staff to develop a methodology relating to behavioral
issues and performance reviews.
Council would like to have this be a high priority for the Council
Policy Committee.
Cautioned that all Boards, Commissions, and Committees should
be treated equally.
Recommendations:
Refer to Policy Committee to begin process for some
methodology to allow Council to give input to individual
Planning Commissioners relating to their behavior and
performance, which allows growth and development. Process
would be brought back to Council for discussion and final
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COMMISSION
COUNCIL
DISCUSSION
approval.
Consensus to keep the Planning Commission at 7 members and a 4 year
term limit.
8:05 PM ITEM #18
COUNTY
ANNEXATION
PROCESS
ITEM #18
Provide direction to staff regarding proceeding with the County island
annexation process.
Staff report made by Pamela Jacobs.
8:10 PM COUNCIL
COMMENT
Commented on involuntary annexations, and would not support
the move if neighborhoods did not want to be annexed.
Would like to see outreach to these communities for consensus to
be annexed.
Commented on the County agreement to improve the streets of
these County areas, and the need to align building fees and
development standards with the Town’s fees and standards.
Clarification on the August 31, 2005 meeting with the County.
Questioned the type of outreach and asked to have any County
commitments listed as part of the outreach.
8:15 PM OPEN PUBLIC
COMMENT
ITEM #18
Continued
COUNTY
ANNEXATION
PROCESS
Mr. Davis
Commented on the County’s proposal to use Chip Seal to fix the
streets verses Cape Seal. Mr. Davis would like to see Cape Seal
which he thinks is a better option.
Mr. Davis was given his third warning for disrupting the meeting and was
asked to leave the Chambers.
Ms. Gruetzner
Commented on the annexation process and recommended to start
the process as soon as possible.
Questioned if Blossom Hill Manor could be split into two areas
which might then qualify for this new annexation opportunity.
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PUBLIC COMMENT
8:24 PM CLOSE PUBLIC
COMMENT
8:25 PM COUNCIL
DISCUSSION
Clarified that Blossom Hill Manor can not be split, but must be
annexed as a whole.
Commented on the Town’s Public Works Department working
with the County regarding the type of material used to repair the
streets.
Commented on being opposed to annexing pockets that are not
interested in being annexed.
Commented on the benefits the home owners would enjoy if they
annexed into the Town.
Commented on extensive outreach to the residents within the
County pockets, and following up with an informal vote or poll to
find out if residents would like to be annexed.
Commented on the Blossom Hill Manor annexation process and
what can be learned from that experience.
Would like to see County take the lead and initiate an out reach
process to inform the County pockets of the benefits to be
annexed.
Would like to see a policy decision which would align the
County’s development standards.
Commented on the short time frame relating to this streamlined
annexation process.
Consensus was given to wait for the County’s affirmation of their
willingness to adopt development standards for the unincorporated islands
that mirror Los Gatos’ development standard. Staff would then proceed with
the outreach process.
8:40 PM ITEM #19
COUNCIL
MATTERS
ITEM #19
None.
8:41 PM ITEM #20
MANAGER
MATTERS
ITEM #20
None.
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8:41 PM CONSENT ITEMS
Continued
PULLED ITEMS #12
AND #14
ITEM #14
TOWN COUNCIL/REDEVELOPMENT
14. Approve Council/Agency minutes of August 1, 2005. (14-V)
COUNCIL
COMMENT
None
OPEN/CLOSE
PUBLIC COMMENT
Mr. Davis was not present to speak to Item #14.
8:42 PM COUNCIL
DISCUSSION
Mr. Pirzynski requested that the minutes of August 1, 2005 be
amended to reflect that Mr. Glickman and Mrs. McNutt had
requested that the moratorium on the death penalty be agendized
at a future meeting.
Motion by Mr. Glickman to approve Consent Item #14.
Seconded by Mr. Pirzynski.
MAYOR CALLED
THE QUESTION
Carried unanimously.
8:42 PM CONSENT ITEMS
Continued
PULLED ITEMS #12
AND #14
Mrs. Spector recused from Item #12 regarding 50 University Avenue
due to the fact that she resides within 500 feet of the establishment
8:43 PM ITEM #12
Continued
50 UNIVERSITY
AVENUE
WINE CELLAR
ITEM #12
12. Adopt resolution approving a request to modify a Conditional Use
Permit for a restaurant to increase the number of seats and denying a
request to increase allowed entertainment. Conditional Use Permit
U-03-7. Property location: 50 University Avenue, Suite 180.
Property owner: Federal Reality. Applicant Steve Hauck.
RESOLUTION 2005-92 (12-15)
Staff report made by Bud Lortz.
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8:44 PM COUNCIL
COMMENT
Clarified reasons for giving the applicant the opportunity to
speak.
Clarification on the nature of the process regarding the land use
application.
Commented on the number of seats approved aligning with
number of seats currently in use.
Clarification from Town Attorney on the process if changes were
to be made tonight.
8:53 PM OPEN PUBLIC
COMMENT
ITEM #12
Continued
50 UNIVERSITY
AVENUE
WINE CELLAR
PUBLIC COMMENT
Mr. Fields
Supports the proposed request for the Wine Cellar.
Ms. Houston, Attorney, Berlinger, Cohen,
Requested that the item be brought back on a future agenda and
that the applicant be given the opportunity to work with staff.
Reiterated that the applicant has learned and heard the Town’s
concerns regarding the application, and are willing to work with
staff.
Mr. Drew
Supports the proposed request for the Wine Cellar.
Ms. Strong, General Manager, California Café
Supports the proposed request for the Wine Cellar and would like
to have the same opportunity for live entertainment at California
Café in the future.
Mr. Gibson
Supports the proposed request for the Wine Cellar.
Mr. Hauck, Applicant
Commented on the vision of the Council, and would like to ask
for reconsideration and the opportunity to work with staff to come
to some agreement.
Mr. McIlvain
Supports the proposed request for the Wine Cellar.
Suggested developing conditions to meet everyone’s needs.
Commented that it is time to develop an Entertainment Policy.
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9:09 PM CLOSE PUBLIC
COMMENT
9:09 PM COUNCIL
DISCUSSION
Mr. Glickman commented on Mr. Hauck’s statement, and asked
if other Council Members would be willing to reconsider this
application.
Mentioned entertainers and instruments which do not require
amplification.
Stated that a Conditional Use Permit runs with the land.
Commented that it is time for Council to take a look at an
Entertainment Policy.
Commented on creating policies that would emphasize an
appropriate mixed use for the downtown area.
Commented on developing a precise policy before granting live
entertainment with alcohol in the downtown area.
Council requested staff to move forward with a work plan to look
at a policy relating to entertainment and alcohol use in the
downtown area.
Motion by Mr. Pirzynski to adopt resolution approving a request to modify
a Conditional Use Permit for a restaurant to increase the number of seating
and denying a request to increase allowed entertainment.
Seconded by Mr. Glickman.
9:25 PM MAYOR CALLED
THE QUESTION
4/1 Mrs Spector recused.
9:27 PM MEETING
ADJOURNED
Submitted by: Attest:
Jackie D. Rose, Deputy Clerk MarLyn J. Rasmussen, Clerk Administrator
Secretary to the Redevelopment Agency