M04-03-06DRAFT Council Agency Meeting April 17, 2006
Item #
TOWN OF LOS GATOS, CALIFORNIA
TOWN COUNCIL/PARKING AUTHORITY
JOINT REDEVELOPMENT AGENCY
April 3, 2006/MINUTES
Los Gatos Civic Center
110 E. Main Street
Los Gatos, CA 95030
TIME ITEM ACTION ON ITEM
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,
April 3, 2006, in a joint regular session.
7:00 PM ROLL CALL Present: Steve Glickman, Joe Pirzynski, Barbara
Spector, Mike Wasserman, and Mayor/Chairman
Diane McNutt.
Absent: None
7:01 PM PLEDGE OF
ALLEGIANCE
Audrey Barber, Van Meter School led the pledge
of allegiance. The audience was invited to
participate.
CLOSED SESSION None.
7:03 PM COMMENDATIONS Commendation
Paul Gradeel, President - Los Gatos
Lions Club
Mr. Wasserman presented Mr. Gradeel,
President, Los Gatos Lions Club with a
commendation in appreciation for their continued
projects in the community.
7:06 PM CONSENT ITEMS
#1-6
ITEM #6a
WAS PULLED AND
HEARD AFTER OTHER
BUSINESS
CONSENT ITEMS
TOWN COUNCIL
1. Accept schedule of public hearings.(1-28)
2. Adopt resolution declaring April as “Voter
Education Month” (2-3)
3. Project No. 05-06 – Award of Construction
Contract for Los Gatos Trail Bridge Deck
Replacement. (3-24)
a. Adopt resolution declaring Anderson
Pacific Engineering to be the lowest
responsible bidder on the project and
awarding a construction contract in
the amount of $53,500.
RESOLUTION 2006-027
b. Authorize staff to issue change orders
to the contract up to an amount of
$5,000.
4. Landscape and Lighting Assessment
Town Council Minutes April 3, 2006
Redevelopment Agency Los Gatos, California
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#1-6
Continued
ITEM # 6a
WAS PULLED AND
HEARD AFTER OTHER
BUSINESS
Districts No. 1 &2 (4-26)
RESOLUTION 2006-028
Adopt resolution describing improvements
and directing preparation of Engineer’s
Report for Fiscal Year 2006/07.
5. Adopt resolution authorizing the transfer of
Community Development Block Grant
(CDBG) funds and related budget
adjustments, and rescinding Resolution
2005-012. (5-39)
RESOLUTION 2006- 029
TOWN COUNCIL/REDEVELOPMENT
6. Approve Council/Agency Minutes of:
b. March 20, 2006 (Joint Session)
Motion by Mr. Glickman to approve Consent
Items #1-5, and 6b.
Seconded by Mrs. Spector.
7:06 PM MAYOR CALLED THE
QUESTION
Carried unanimously.
7:07 PM OPEN VERBAL
COMMUNICATION
Mr. Song
Commented on the concentration camps
in China.
Asked for Council’s consideration to pass
a resolution regarding the concentration
camps.
Mr. Davis
Commented on DiCinzo’s cartoon in the
Los Gatos Weekly.
Commented that he felt the company sign
in front of Netflix Corporation is too small.
Questioned why American Apparel was
not on tonight’s agenda.
Ms. Lee
Commented on the concentration camps
in China.
Asked for Council’s consideration to pass
a resolution regarding the concentration
camps.
7:19 PM CLOSED VERBAL
COMMUNICATION
7:19 PM PUBLIC HEARINGS Mr. Davis received his first warning for disruption
of the meeting (yelling from the audience).
Town Council Minutes April 3, 2006
Redevelopment Agency Los Gatos, California
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7:19 PM PUBLIC HEARINGS
ITEM #7
15350 WINCHESTER
BOULEVARD
ITEM #7 (9-36)
Consider an appeal of a Planning Commission
decision approving a minor Planned Development
amendment to add one additional lot as permitted
by the approved Planned Development, approval
of the subdivision for the additional lot, approval to
construct a single family residence on the new lot
and approval to install a temporary sales
trailer/model home office for property zoned
RM: 5-12:PD. APNs 424-29-024 through 026.
Planned Development Applications PD-06-2,
Subdivision Application S-06-2, Architecture and
Site Applications S-06-12. Property location:
15350 Winchester Boulevard. Property
owner/applicant: Santa Clara Development Co.
Appellant: Stephanie Carroll
(Continued from 3/20/06)
Staff report made by Bud Lortz.
7:23 PM PUBLIC HEARINGS
ITEM #7
15350 WINCHESTER
BOULEVARD
COUNCIL COMMENT
Clarification regarding an agreement
made between the owners and the
appellant.
7:24 PM OPEN PUBLIC HEARING Mr. Liljegren, Appellant
Commented on the reductions to the bulk
and mass of the home, and stated that the
story poles reflect the reductions.
Commented on a value loss in his home if
the proposed plan is approved.
Commented on the view loss from
different angles of his home.
Commented that he will be economically
hurt from the effects of the proposed plan.
Ms. Carroll, Appellant
Stated that she felt there would be a
significant impact to Mr. Liljegren’s home.
Commented that she felt there was a lack
of knowledge as to what was going to be
built on the lot at the time of the sale of the
easement.
Commented on the positive changes
made to the proposed plan.
PUBLIC HEARINGS
ITEM #7
Continued
Council Comments
Clarification from applicant as to what he
feels should be built on the property.
Town Council Minutes April 3, 2006
Redevelopment Agency Los Gatos, California
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15350 WINCHESTER
BOULEVARD
Questioned a similar structure previously
built on another lot within the subdivision.
Clarification on assumptions of a value
loss for the appellant’s property.
Questioned the effects of the tree
screening required for proposed plan.
Clarification on the possibility of any
physical changes that could be done to
the structure.
Mr. Robson, Santa Clara
Development/Applicant
Commented on the continued changes
made to the proposed plan.
Commented that a majority of the
neighborhood consists of two-story
homes.
Mr. Davis
Stated that he felt he was not being
treated with respect during tonight’s
meeting.
Commented regarding the use of a
parking lot for another home.
No further comments from applicants.
Mr. Liljegren
Commented regarding moving the back
wall towards easement to limit loss of
backyard space.
Commented on negotiating an economic
balance with the developers, and
suggested maybe bringing in an arbitrator
to mediate.
Ms. Carroll
Clarified that the lot was never intended
for a permanent parking lot.
8:02 PM CLOSED PUBLIC
HEARING
8:02 PM PUBLIC HEARINGS
ITEM #7
Continued
Motion by Mrs. Spector to uphold the Planning
Commission’s decision to approve Planned
Development Application PD-06-2, Subdivision
Town Council Minutes April 3, 2006
Redevelopment Agency Los Gatos, California
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15350 WINCHESTER
BOULEVARD
COUNCIL DISCUSSION
Application M-06-2 and Architecture and Site
Application S-06-12 and add modifications to the
ordinance to include:
1.Add a statement to Section II of the
Ordinance Amendment as Item #7
(Attachment 3)
Modification to the approved horizontal
Control Plan of Ordinance 2141, to allow a
reduction of the side setback for lot 33 to
accommodate a property line shift
between Lots 33 and 34.
2. Add the following condition to the
Subdivision Application (Attachment 4)
Property Line Modification. The property
line may be shifted between Lots 33 and
34 to accommodate the relocation of the
proposed house on Lot 34.
3.Add the following condition to the
Architecture and Site Application
(Attachment 5)
Setback. The side setback from the west
property line shall be a minimum of 12
feet.
Seconded by Mr. Glickman.
Council Comments
Commented that the applicant made no
further suggestions as to changes that
could be made to the proposed plan.
Commented that any financial
compensation must be made between the
owner and developer and the Town has
no jurisdiction over the issue.
8:08 PM MAYOR CALLED THE
QUESTION
Carried unanimously.
8:08 PM Mr. Korb clarified for the record that Mr Davis
received his fist warning for violation of Town
Code Section 2.20.020, relating to disruption of a
meeting (yelling from the audience).
Mr. Davis repeated the violation by yelling from
the audience, disrupting the meeting and was
asked to leave the Chambers.
8:10 PM PUBLIC HEARINGS
ITEM# 8
COMMUNITY
DEVELOPMENT BLOCK
ITEM #8 (8-39)
Consider the allocation of Community
Development Block Grant Funds for FY 2006/07
a. Refer allocation of FY 2006/07 General Fund
Grants to the FY 2006/07 Operating Budget.
Town Council Minutes April 3, 2006
Redevelopment Agency Los Gatos, California
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GRANT FUNDS (CDBG)b. Adopt resolution allocating FY 2006/07
Community Development Block Grant
(CDBG) funds. RESOLUTION 2006-030
Staff report made by Regina Falkner and Ms.
Scheiner.
8:13 PM COUNCIL COMMENT Questioned the option of funding
Cupertino Community Center if the Town
had more funding available.
Clarification regarding consideration to
consolidate funding to fewer organizations
and grant larger amounts of funds to those
organizations.
8:16 PM OPEN PUBLIC HEARING Ms. Nakano-Matsumoto, Cupertino Community
Services
Commented on serving the West Valley
Communities for over 30 years.
Commented on their services of providing
basic needs to the community.
Council Comments
Questioned amounts received from other
cities.
Clarification on the value of receiving
smaller amounts of funding from more
agencies.
Questioned partnerships with other non-
profits which are currently on the Town’s
list to receive funding.
Ms. Sandoval, Cupertino Community Services
Commented on the appreciation for
considering Cupertino Community
Services application for funding needs.
Commented on volunteer positions at the
service center.
Commented on the assistance programs
available through Cupertino Community
Services.
Asked for support and partnership for
future funding ventures.
Thanked staff and Council for their
support.
Ms. Ferm, Cupertino Community Services
Commented on the services Cupertino
Community Services provides to the Los
Gatos community.
Thanked staff and Council for their
support.
Town Council Minutes April 3, 2006
Redevelopment Agency Los Gatos, California
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Mr. Cordle, Catholic Charities, Ombudsman
Program
Commented on the need for funding to
maintain the ombudsman program.
Commented on the services the program
provides to the community.
Thanked staff and Council for their
support.
8:32 PM COUNCIL DISCUSSION Motion by Mr. Wasserman to adopt resolution
allocating FY 2006/07 Community Development
Block Grant (CDBG) funds and to increase funds
from the Town Budget to include:
A Place for Teens - $2,500.00
Art docents of Los Gatos - $500.00
Cupertino Community Services -
$2,000.00
Seconded by Mrs. Spector.
8:43 PM MAYOR CALLED THE
QUESTION
Carried unanimously.
8:44 PM PUBLIC HEARINGS
ITEM #9
54 CHESTER STREET
Mrs. Spector recused to avoid appearance of
bias..
8:44 PM PUBLIC HEARINGS
ITEM #9
54 CHESTER STREET
ITEM # 9
Consider an appeal of a Planning Commission
decision denying demolition of a pre-1941
residence, construction of a new single family
residence and accessory structure with reduced
setbacks and request for an interpretation of the
cellar policy on property zoned R-1D. APN: 529-
08-008. Architecture and Site Application: S-05-
031. Property location: 54 Chester Street.
Property owner/appellant: Anna Huynh and Kevin
Crane.
Staff report made by Bud Lortz.
8:49 PM PUBLIC HEARINGS
ITEM #9
54 CHESTER STREET
COUNCIL COMMENT
Clarification regarding the FAR for
surrounding parcels.
Clarification regarding the cellar policy
relating to the footprint of the home.
Clarification regarding difference between
a patio area and deck area.
Town Council Minutes April 3, 2006
Redevelopment Agency Los Gatos, California
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8:51 PM OPEN PUBLIC HEARING Mr. Crane, Applicant/Appellant
Commented that the bulk and mass of the
home are within the Town’s guidelines.
Commented that the second story height
is less than surrounding homes in the
neighborhood.
Commented that the visibility of the home
is kept to a minimum.
Commented that the detached garage
reduces mass, but forces the cellar to
extend past the footprint of the home.
Commented that the slope of the lot will
not permit the proposed plans to conform
to the Cellar Policy.
Asked for additional FAR or allowance of
the cellar be granted as proposed in the
current plans.
Mr. Schloh
Commented on the design of the home
relating to mass and bulk.
Commented on the different elevations of
the home.
Council Comments
Questioned if other options are available
for the garage design.
Questioned if a wall under the deck would
be present if the cellar did not exist.
Mr. Crane, Applicant/Appellant
Commented that the cellar is important to
the design.
Commented on attaching the garage as
an option.
Commented on livable space in the cellar
with the proposed plans verses mass, bulk
and FAR.
Mr. Schloh
Clarification on a foundation wall verses a
cellar wall.
9:27 PM PUBLIC HEARINGS
ITEM #9
Continued
54 CHESTER STREET
CLOSED PUBLIC
HEARING
9:28 PM COUNCIL DISCUSSION Suggested that design options for a patio
area would complement the back of the
home.
Town Council Minutes April 3, 2006
Redevelopment Agency Los Gatos, California
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Commented on the importance of
maintaining the language of the Cellar
Policy.
COUNCIL DISCUSSION Would like to see cellar be contained
within the footprint of the proposed home.
Motion by Mr. Pirzynski to grant the appeal of the
Planning Commission decision denying demolition
of a pre-1941 residence, construction of a new
single family residence and accessory structure
with reduced setbacks, and denying appeal for the
extended cellar.
Findings for granting the appeal are:
There was error or abuse of discretion on
the part of the Planning Commission.
Seconded by Mr. Glickman.
9:40 PM MAYOR CALLED THE
QUESTION
4/0 Mrs. Spector recused from this Item.
9:40 PM MAYOR CALLED FOR A
RECESS
Meeting resumed at 9:50 PM.
PUBLIC HEARINGS
ITEM #10
615 BLOSSOM HILL
ROAD
ITEM #10
Consider an appeal of a Planning Commission
decision approving a time extension to April 13,
2006 for a project for a project to construct 49
apartment units and a recreational building on
property zoned RM:5-12:PD. APNS: 529-16-026,
073, and 529-14-012. Architecture and Site
Application S-06-036. Property location: 615
Blossom Hill Road. Property owner: Steven
Dilbeck and Cupertino Development Corporation.
Applicant/appellant: Cupertino Development
Corporation.
Staff report made by Bud Lortz.
PUBLIC HEARINGS
ITEM #10
Continued
615 BLOSSOM HILL
ROAD
COUNCIL COMMENT
Clarification regarding noise levels, and
asked if a noise study could be
mandatory.
Questioned if the noise levels could have
changed since the first study had been
initiated.
9:53 PM OPEN PUBLIC HEARING Mr. Griffin, Paragon Design, Appellant
Asked Council for consideration regarding
the extension request.
Commented on the financial aspects
pertaining to rental rates and that the
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Redevelopment Agency Los Gatos, California
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economy has not recovered enough to
move forward with the project at this time.
10:00 PM CLOSED PUBLIC
HEARING
10:00 PM COUNCIL DISCUSSION Clarification on Town Code relating to time
extensions.
Mr. Korb stated the specific language for time
extensions.
Motion by Mrs. Spector to grant the appeal of a
Planning Commission decision approving a time
extension for 12 months for the project located at
615 Blossom Hill Road.
Seconded by Mr. Wasserman.
Findings for granting the appeal are:
There was error or abuse of discretion on
the part of the Planning Commission.
Consensus to give 2 extensions of 1 year each
as a general policy.
10:09 PM MAYOR CALLED THE
QUESTION
Carried unanimously.
10:10 PM PUBLIC HEARINGS
ITEM #11
303 N. SANTA CRUZ
AVE.
ITEM #11
Consider a request to modify a conditional Use
Permit for a restaurant/bakery (La Maisson Du
Croissant), to increase the number of seats, hours
of operation and to serve beer and wine for a new
restaurant (James Randall), on property zoned C-
2. Conditional Use Permit U-06-013. APN: 510-
14-048. Property location: 303 N. Santa Cruz
Avenue. Property owner: Bert Millen. Applicant:
Brenda Hammond.
Staff report made by Bud Lortz.
10:12 PM PUBLIC HEARINGS
ITEM #11
303 N. SANTA CRUZ
AVE.
COUNCIL COMMENT
None.
10:13 PM OPEN PUBLIC HEARING Ms. Hammond, Applicant
Commented that beer and wine sales will
have a positive effect on her business and
the she has received much support for her
planned restaurant.
Council Comments
Clarification regarding suggestions listed
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Redevelopment Agency Los Gatos, California
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in the staff report for barriers for outdoor
seating
Stated that beer and wine are permitted
only with meals and does not include
appetizers.
Commented that if a different type of
restaurant were to take over the
Conditional Use Permit would need to be
modified, and alcohol may not be allowed.
10:17 PM CLOSED PUBLIC
COMMENT
10:17 PM COUNCIL DISCUSSION Motion by Mr. Pirzynski to approve request to
modify an existing Conditional Use Permit for a
restaurant/Bakery (La Maisson Du Croissant) to
increase the number of seating, hours of
operation, and to serve beer and wine for a new
restaurant (James Randall). Motion to include
amendment to Condition #5, attachment #2:
OUTDOOR SEATING: A physical
delineation Comparable to attachment 6
shall be installed and shall be a minimum
of 3 feet high. But no higher than 4 feet for
outdoor seating on the portion of the
sidewalk on private property, to the
satisfaction of the Community
Development director, Chief of Police, and
Director of Parks and Public Works.
Seconded by Mr. Glickman.
10:19 PM MAYOR CALLED THE
QUESTION
Carried unanimously.
PUBLIC HEARINGS
ITEM #11
Continued
303 N. SANTA CRUZ
AVE.
COUNCIL DISCUSSION
Motion by Mr. Pirzynski to approve the
application, and make the required finds, and add
attachment #2.
Findings for approval are:
1. The proposed uses of the property are
essential or desirable to the public
convenience or welfare; and
2. The proposed uses will not impair the
integrity and character of the zone; and
3. The proposed uses would not be
detrimental to public health, safety or
general welfare; and
4. The proposed uses of the property are in
harmony with the various elements or
objectives of the General Plan and the
purposes of the Town Code.
That the work proposed is consistent with
the Redevelopment Plan for the Central
Los Gatos Redevelopment Project Area.
As required by section 15301 of the State
Environmental Guidelines as adopted by
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the Town that this project is exempt.
Seconded by Mr. Glickman.
10:20 PM MAYOR CALLED THE
QUESTION
Carried unanimously.
10:20 PM OTHER BUSINESS None.
10:21 PM CONSENT ITEMS #1-6
PULLED ITEM #6a
TOWN COUNCIL/REDEVELOPMENT AGENCY
6. Approve Council/Agency Minutes of:
a. March 20, 2006 (Study Session)
Motion by Mr. Pirzynski to approve Consent Item
#6a.
Seconded by Mr. Glickman.
10:21 PM MAYOR CALLED THE
QUESTION
Carried unanimously.
10:21 PM ITEM #12
COUNCIL MATTERS
ITEM #12
Request by Mr. Pirzynski to place an item on the
agenda for discussion regarding violation of
Council Code of Conduct Policy by Mr. Glickman.
Supported by Mr. Wasserman.
Request by Mr. Glickman to place an item on the
agenda for discussion regarding violation of
Council Code of Conduct Policy by Mr. Pirzynski.
Mr. Glickman explained his request concerned a
remark made by Mr. Pirzynski at the Council
retreat on January 27, 2006.
There was no Council consensus to act on this
request.
10:31 PM ITEM #13
MANAGER MATTERS
ITEM #13
None.
10:31 PM MEETING ADJOURNED
Submitted by: ATTEST:
Jackie D. Rose, Deputy Clerk MarLyn Rasmussen, Clerk Administrator