M04-17-06
TOWN OF LOS GATOS, CALIFORNIA
TOWN COUNCIL/PARKING AUTHORITY
JOINT REDEVELOPMENT AGENCY
April 17, 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 17, 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
Matt and Joey Bergandi, Lyle, Clay and Clifford
Hibbitts, and Kyle Kavorkian, Los Gatos Little
League led the pledge of allegiance. The
audience was invited to participate.
7:03 PM CLOSED SESSION None.
7:04 PM COMMENDATIONS AND
PRESENTATIONS
Commendation
Reeta Banerjee, Youth Commission
Mrs. McNutt presented Ms. Banerjee with a
commendation in appreciation for her appointment
to the National League of Cities Council on Youth.
Stories of Service Program
Mrs. McNutt presented Peter and Janet
Radonich, Lavada and Stan Peterson, Marsha
Parham, Chris Shelton, and Dean Joy with a
commendation in honor of National Volunteer
Month and their contributions in preserving history
through the Stories of Service Program.
Presentation
Ken Kelly, Lyndon Hotel Painting
Mrs. Spector thanked Mr. Kelly for the donation of
an oil painting done by Laurna Merriell presented
to the Town of Los Gatos by Ken and Linda Kelly.
7:25 PM CONSENT ITEMS
#1-14
TOWN COUNCIL
1. Accept schedule of public hearings.(1-28)
Town Council Minutes April 17, 2006
Redevelopment Agency Los Gatos, California
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ITEM #7
WAS PULLED BY
MEMBER OF THE
PUBLIC AND HEARD
AFTER OTHER
BUSINESS
CONSENT ITEMS
#1-14
2. Ratify payroll for the month of March,
2006 (2-V)
3. Ratify accounts payable for the month of
March, 2006. (3-V)
4. Adopt resolution authorizing the Town
Manager to accept the donation of an oil
painting by artist Laurna Merriell of the
Lyndon Hotel donated by John and Jane
Kelly. RESOLUTION 2006- 031 (4-32)
5. Adopt resolution upholding 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. APN’s: 424-29-024 through 026.
Planned Development Application PD-06-
2. Architecture and Site Application S-06-
12. Property location: 15350 Winchester
Boulevard. Property owner/applicant:
Santa Clara Development Company.
Appellant: Stephanie Carroll. (5-15)
RESOLUTION 2006-032
6. Adopt resolution of the Town Council of
the Town of Los Gatos granting in part
and denying in part an appeal of a
decision of the Planning Commission
denying demolition of a pre-1941
residence, construction of a new single
family residence and accessory structure
with reduced setbacks and deny the
extended cellar on property zoned R-1D.
APN: 529-08-008. Property
owner/appellant: Anna Huynh and Kevin
Crane. RESOLUTION 2006- 033 (6-15)
8. Adopt resolution granting an appeal of a
Planning Commission decision approving
a time extension to April 13, 2006 for a
Town Council Minutes April 17, 2006
Redevelopment Agency Los Gatos, California
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Continued
ITEM #7
WAS PULLED BY
MEMBER OF THE
PUBLIC AND HEARD
AFTER OTHER
BUSINESS
CONSENT ITEMS
project to construct 49 apartment units
and a recreational building on property
zoned RM:5-12PD. APN: 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.
RESOLUTION 2006-035 (8-15)
9. Landscape and Lighting Assessment
Districts 1 and 2 (9-26)
a. Adopt resolution preliminarily
approving the Engineer’s Report for
Fiscal Year 2006-2007.
RESOLUTION 2006-039
b. Adopt resolution of intention to order
the levy and collection of
assessments for Landscape and
Lighting District No. 1 – Blackwell
Drive Benefit Zone.
RESOLUTION 2006-040
c. Adopt resolution of intention to order
the levy and collection of
assessments for Landscape and
Lighting District No. 1 – Kennedy
Meadows Benefit Zone.
RESOLUTION 2006-041
d. Adopt resolution of intention to order
the levy and collection of
assessments for Landscape and
Lighting District No. 1 – Santa Rosa
Heights Benefit Zone. RESOLUTION
2006-042
e. Adopt resolution of intention to order
the levy and collection of
assessments for Landscape and
Lighting District No. 1 – Vasona
Heights Benefit Zone. RESOLUTION
2006-043
f. Adopt resolution of intention to order
the levy and collection of
assessments for Landscape and
Lighting District No. 1 – Hillbrook
Drive Benefit Zone.
RESOLUTION 2006-044
g.Adopt resolution of intention to order
the levy and collection of
assessments for Landscape and
Lighting District No. 2 – Gemini Court
Benefit Zone. RESOLUTION 2006-045
10. Adopt resolution for National Arbor Day
proclamation and annual observance.
Town Council Minutes April 17, 2006
Redevelopment Agency Los Gatos, California
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#1-14
Continued
RESOLUTION 2006- 036 (10-33)
11. Approve correction of resolution 2006-009
(Arnerich Road No. 1 Annexation).
(11-26) RESOLUTION 2006-037
12. Adopt resolution setting date (May1, 2006)
for consideration of reorganization of
uninhabited area designated “Mireval
Road No.3, approximately 15.4 acres
located at the end of Mireval Road (APN:
532-25-027). RESOLUTION 2006-038
(12-26)
REDEVELOPMENT AGENCY
13. Ratify accounts payable for the month of
March, 2006. (13-V)
TOWN COUNCIL/REDEVELOPMENT
14. Approve Council/Agency Minutes of April
3, 2006. (14-V)
Motion by Mr. Glickman to approve Consent
Items #1-6, and #8-14.
Seconded by Mr. Pirzynski.
7:26 PM MAYOR CALLED THE
QUESTION
Consent Items #1-5, and #8-14 carried
unanimously. Consent Item #6 carried 4/1 Mrs.
Spector abstained.
7:26 PM OPEN VERBAL
COMMUNICATION
Mr. Davis
Questioned when American Apparel will
be placed on the agenda.
Commented on the Mayor responding to
his behavior during the April 3, 2006 Town
Council Meeting.
7:30 PM CLOSED VERBAL
COMMUNICATION
7:30 PM PUBLIC HEARINGS
ITEM #15
ITEM #15 (15-36)
Zoning Code Amendments A-06-01 through A-06-
Town Council Minutes April 17, 2006
Redevelopment Agency Los Gatos, California
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ZONE CODE
AMENDMENTS A-06-01
THROUGH A-06-11
11 (Note: primarily housekeeping items(15-36)
Public hearing to consider introduction of
ordinance amending sections of the Town Code
addressing:
References to Planning Director.
Requirements for Certificates of Use and
Occupancy/Second Dwelling
Units/Appeals from decisions of the
Planning Director.
Parking exemption clarification for historic
districts and parking lot and dimension
modifications to meet National Polution
Discharge Elimination System
Requirements.
Minor residential development application
procedures and approvals required for
Architecture and Site Application.
Projections allowed into yards, convert
Town Policies into Town Code
requirements relating to detached
accessory structure exemptions, and
detached garage exemption.
Title clarification and height exception for
wireless telecommunication facilities
Salvaging/Recycling requirements for
demolitions.
Appeal withdrawals, noticing procedures
for minor residential projects and
clarification of appeal fees.
Conditional Use Permit requirement for
new office buildings and findings for
denial.
Convert Town Policies into Town Code
requirements relating to definitions of
attic/cellar/basement.
Spelling and Grammar corrections.
Staff report made by Bud Lortz.
7:33 PM PUBLIC HEARINGS
ITEM #15
ZONE CODE
AMENDMENTS A-06-01
THROUGH A-06-11
COUNCIL COMMENT
PUBLIC HEARINGS
Clarification regarding 29.40.070 and
29.50.055, projections allowed into yards.
Clarification regarding current status of
zoning for amendment A-06-09,
Conditional Use Permit requirement for
new office buildings, and impact of
proposed changes.
Clarification on Section 29.20.060 under
sub section 1. would like the phrase to
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ITEM #15
Continued
ZONE CODE
AMENDMENTS A-06-01
THROUGH A-06-11
COUNCIL COMMENT
read:
1. Before occupancy of any new
building or commencement of any
activity when architecture and site
approval or a conditional use
permit is required. (Excluding
single family, two family or second
dwelling units).
Questioned changing the zoning
requirements for new office development.
Questioned if there has been discussion
from General Plan Committee or Planning
Commission regarding Conditional Use
Permits to be expanded to office
development.
Clarification on changes to the traditional
findings for approval of a Conditional Use
Permit.
Clarification on the intent regarding the
change of noticing procedures and the
appeal process for minor residential
projects.
7:43 PM OPEN/CLOSE PUBLIC
HEARING
7:43 PM PUBLIC HEARINGS
ITEM #15
Continued
ZONE CODE
AMENDMENTS A-06-01
THROUGH A-06-11
COUNCIL DISCUSSION
Motion by Mr. Pirzynski to accept report in the
form of meeting minutes from the Planning
Commission regarding the Town Code
amendments.
Seconded by Mrs. Spector.
7:44 PM MAYOR CALLED THE
QUESTION
Carried unanimously.
7:44 PM Clerk Administrator was directed to read the title
of the ordinance.
7:46 PM Motion by Mr. Wasserman to wave the reading of
the ordinance.
Seconded by Pirzynski.
7:46 PM MAYOR CALLED THE
QUESTION
Carried unanimously.
7:47 PM PUBLIC HEARINGS
ITEM #15
Continued
Motion by Mr. Pirzynski to make the required
finding that the proposed Town Code amendments
are consistent with the General Plan and its
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ZONE CODE
AMENDMENTS A-06-01
THROUGH A-06-11
COUNCIL DISCUSSION
elements.
Seconded by Mr. Wasserman
7:47 PM MAYOR CALLED FOR
THE QUESTION
3/2 Mr. Glickman and Mrs. Spector voting no.
7:48 PM Questioned if proposed Town Code
amendment A-06-09 sub-section C-1
could be removed from the amendment
process.
Concerns regarding adding approval
processes to the Planning Commission.
Motion by Mr. Wasserman to introduce the
ordinance to effectuate the Town Code
amendments with
The exception to remove A-06-09 sub-
section (C) which reads:
1. The proposed use will result in a
significant loss of current or potential
revenue to the Town.
And to renumber ordinance accordingly.
Seconded by Mrs. Spector.
7:54 PM MAYOR CALLED THE
QUESTION
4/1 Mr. Glickman voting no.
7:55 PM OTHER BUSINESS
ITEM #16
CONSIDERATION OF
RESOLUTION
EXPRESSING SUPPORT
FOR
AUTO DEALERSHIPS
ITEM #16
Auto Dealers (follow up to 3/20/06 Council Study
Session) (16-36)
Consideration of a resolution expressing support
for automobile dealerships and review of action
items from the automobile dealerships study
session.
Staff report made by Bud Lortz.
8:06 PM COUNCIL COMMENT
OTHER BUSINESS
Continued
Questioned the noticing process relating
to the 29 parcels on Los Gatos Boulevard
which are over 40,000 square feet.
Clarification regarding the resolution
applying to all such properties including
the Swanson property.
Questioned if the proposed resolution
would require a Planned Development
application.
Commented on Council’s decisions
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Redevelopment Agency Los Gatos, California
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ITEM #16
CONSIDERATION OF
RESOLUTION
EXPRESSING SUPPORT
FOR
AUTO DEALERSHIPS
COUNCIL COMMENT
regarding land use issues relating to Los
Gatos.
Clarification regarding the operational use
of the words “review carefully” as stated in
the proposed resolution.
Commented on a streamlined process for
the Architecture and Site Application.
Commented that the proposed resolution
is benign and, if passed, discussion could
move forward regarding the nine action
items contained in the staff report.
8:22 PM OPEN PUBLIC
COMMENT
OTHER BUSINESS
Continued
Mr. Moore
Commented on traffic issues raised by
staff, and the need for traffic to attract
automobile sales.
Suggested retail options for Los Gatos
Boulevard.
Commented against supporting the
proposed resolution.
Mr. Robert Swanson
Commented on the different automobile
dealership franchises, and stated that they
have no interest at this time in locating to
Los Gatos.
Commented against supporting the
proposed resolution.
Council Comments
Questioned which of the three “resolves”
was of concern to Mr. Swanson.
Clarification regarding the importance of
traffic flow and having dealerships in a
close proximity.
Clarification relating to the 10-mile rule.
Ms. Bowen
Commented against supporting the
proposed resolution.
Stated that she feels that the resolution
intervenes between property owners and
tenants.
Mrs. Swanson
Commented against supporting the
proposed resolution.
Commented on the Swanson’s property
rights and the delays associated with the
proposed resolution.
Mrs. Swanson Continued
Commented on the lack of interest from
other auto dealerships relocating to Los
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ITEM #16
CONSIDERATION OF
RESOLUTION
EXPRESSING SUPPORT
FOR
AUTO DEALERSHIPS
PUBLIC COMMENT
OTHER BUSINESS
Continued
Gatos Boulevard in the near future.
Commented the proposed resolution
would force auto dealerships to prove their
insolvency if they have to close their
doors.
Asked for clarification regarding the nine
action items identified in the staff report.
Council Comments
Clarification from Mrs. Swanson regarding
the three “resolves” in the proposed
resolution.
Mr. Hickey
Commented against supporting the
proposed resolution.
Mr. Lewis
Commented against supporting the
proposed resolution.
Commented how the manufacturers
control the dealerships and the locations
for dealerships.
Commented on market surveys with the
automobile dealership industry which are
routinely done by the manufacturers.
Mrs. McHugh
Commented against supporting the
proposed resolution.
Suggested that the Town use incentive
plans and work with the existing
dealerships to keep them in Town.
Council Comments
Asked Mrs. McHugh for ideas relating to
incentive plans.
Asked for clarification regarding her ideas
relating to the nine action items.
Commented that the action items should
not take 4 to 6 months to accomplish.
Mr. Skow
Commented against supporting the
proposed resolution.
Commented against supporting the nine
action items.
Commented against land use changes
and Planned Development requirements
relating to auto dealership properties.
Mr. Skow Continued
Commented that the Town’s review
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ITEM #16
CONSIDERATION OF
RESOLUTION
EXPRESSING SUPPORT
FOR
AUTO DEALERSHIPS
PUBLIC COMMENT
process is adequate, and asked why the
Town would need the resolution.
Council Comments
Clarification on supporting Planned
Development requirements for all
properties that are currently dealerships.
Mr. Doyle
Commented against supporting the
proposed resolution.
Ms. Fenton
Commented against supporting the
proposed resolution.
Ms. Jones
Commented against supporting the
proposed resolution.
Commented on encouraging and
supporting the dealerships that are
currently in Los Gatos.
Commented that many dealerships rely on
their used car sales, and suggested that
dialogue with the dealerships and studies
should be done before the Town would
allow stand alone used car dealerships.
Council Comments
Questioned if Ms. Jones would be willing
to provide dealer input in an ongoing
dialogue.
Clarification regarding her support relating
to the nine action items listed in the staff
report.
Questioned pursuing used car dealerships
as stand alone dealerships.
Mr. Pau
Commented against supporting the
proposed resolution.
Mr. Moulds
Commented against supporting the
proposed resolution.
Mr. Hirschmann
Commented against supporting the
proposed resolution.
Questioned the intent of the proposed
resolution.
Council Comments
Questioned if Mr. Hirschmann had an
opinion as far as requirements for Planned
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OTHER BUSINESS
Continued
ITEM #16
CONSIDERATION OF
RESOLUTION
EXPRESSING SUPPORT
FOR
AUTO DEALERSHIPS
PUBLIC COMMENT
Development applications for the 29
parcels with 40,000 square feet or more.
Mr. Wolf
Commented against supporting the
proposed resolution.
Commented against any restrictions for
property rights.
Mr. Claxton
Commented against supporting the
proposed resolution.
Ms. Culker Smith
Clarification for incentives to only car
dealerships.
Clarification why incentives are being
talked about now.
Will the community have input on the
incentives and design changes on Los
Gatos Boulevard.
Mr. Stansbury
Commented on looking to retail for Los
Gatos Boulevard.
Commented against supporting the
proposed resolution.
Mr. Smith
Commented against supporting the
proposed resolution.
Suggested a study group formed of
businesses along Los Gatos Boulevard to
gather input for redevelopment of the
area.
Commented that the guidelines and
ordinances are fine and do not need any
resolution.
Mr. Matteoni
Commented against supporting the
proposed resolution.
Mr. Davis
Supports the proposed resolution.
9:53 PM CLOSE PUBLIC
COMMENT
9:53 PM OTHER BUSINESS
Continued
ITEM #16
Commented that staff could be directed to
look into any of the nine action items listed
in the staff report without having to adopt
the resolution.
Commented against supporting the
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CONSIDERATION OF
RESOLUTION
EXPRESSING SUPPORT
FOR
AUTO DEALERSHIPS
COUNCIL DISCUSSION
proposed resolution.
Clarification regarding a development
agreement with Mr. Pau relating to the
Swanson property.
Commented that property rights must be
considered in the context of broader
community needs.
Commented on community input relating
to the Los Gatos Boulevard Community
Design Plan.
Would like to give direction to the planning
process.
Commented on the benefits of open
communication with the auto dealerships.
Commented on the balance between the
neighborhoods and the dealerships.
Commented on the benefits of using the
Planned Development process.
Commented on the community’s fear of
property values going down if these
changes were made.
Commented on the variation in facts and
assumptions that market studies may
generate.
Commented about concern with requiring
fiscal impact information.
Commented on the need for more
information on the development
agreement process.
Requested information on the
consequences and benefits of requiring
Planned Development applications.
Consensus to follow up with:
Staff review the nine action items for
any follow-up
10:28 PM CONSENT ITEMS #1-14
PULLED ITEM #7
ITEM # 7
7. Adopt resolution granting a request to
modify a Conditional Use Permit for a
restaurant/bakery (La Maisson Du
Croissant), to increase the number of
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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.
RESOLUTION 2006- 034 (7-15)
Mr. Arzie
Commented regarding another restaurant
increasing size, and beer and wine sales
with the restaurant.
Asked Council to give direction to the
Planning Commission regarding beer and
wine licenses.
Motion by Mr. Glickman
Seconded by Mr. Pirzynski
10:34 PM MAYOR CALLED THE
QUESTION
Carried unanimously.
10:34 PM ITEM #12
COUNCIL MATTERS
ITEM #12
Mrs. Spector
Thanked the Planning Commission for
their good work leading to the five public
hearings at the April 3, 2006 Council
meeting.
Mr. Glickman
Noted the upcomming Wednesday, April
19, 2006, Special Meeting.
10:36 PM ITEM #13
MANAGER MATTERS
ITEM #13
None.
10:36 PM MEETING ADJOURNED
Submitted by: ATTEST:
Jackie D. Rose, Deputy Clerk MarLyn Rasmussen, Clerk Administrator