M05-05-081
MINUTES OF THE TOWN COUNCIL/PARKING
AUTHORITY/REDEVELOPMENT AGENCY
MAY 5, 2008
The Town Council of the Town of Los Gatos conducted a Regular Meeting on
Monday, May 5, 2008 at 7:00 P.M.
TOWN COUNCIL/PARKING AUTHORITY/REDEVELOPMENT AGENCY
MEETING CALLED TO ORDER - 7:00 P.M.
ROLL CALL
Present: Mayor Barbara Spector, Vice Mayor Mike Wasserman, Council
Member Steve Glickman, Council Member Diane McNutt, and Council Member
Joe Pirzynski.
Absent: None.
PLEDGE OF ALLEGIANCE - LED BY FUTURE LEADER
Brownie Troop 1274 led the Pledge of Allegiance. The audience was invited to
participate.
CLOSED SESSION REPORT
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Government Code Section 54956.9[a])
Gaseway vs. Town of Los Gatos
Orry Korb, Town Attorney stated that direction was given and no action was
taken.
PRESENTATIONS
Proclamations
Humane Society Silicon Valley - "Los Perros Day"
Mayor Barbara Spector proclaimed May 17th as "Los Perros Day" and
presented Ms. Bennenger from the Humane Society, with a proclamation
for “Los Perros Day.”
Ms. Bennenger thanked the community for the proclamation and
commended Los Gatos for being a pet friendly Town.
2
Presentations – Continued
National Public Works Week
Mayor Barbara Spector presented Kevin Rohani, Interim Parks and Public
Works Director with a proclamation on behalf of the Town of Los Gatos for
National Public Works Week.
Mr. Rohani
Thanked the Council and community for their support and invited staff,
Council, and the community to attend the Parks and Public Works Open
House on May 22, 2008.
TOWN COUNCIL
CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION)
1. Adopt resolution modifying an existing Conditional Use Permit to
expand an existing quality restaurant (Café Marcella) with full liquor
service into the adjoining tenant space currently occupied by a retail
wine shop on property zoned C-2. Property location: 364-368 Village
Lane. File U-08-003. Property owner: Joan Franck, Franck Family
Trust Applicant: Global Grape L.P. RESOLUTION 2008-047
2. PPW Job No. 08-09 Tree Pruning and Removal Project Adopt
resolution accepting work of Trugreen Landcare and authorizing the
Town Manager to execute Certificate of Acceptance and Notice of
Completion for recording by the Clerk Administrator. RESOLUTION
2008-048
3. Adopt resolution:
a. Opposing Proposition 98, the California Property Owners and
Farmland Protection Act (CPOFPA); and
RESOLUTION 2008-049
b. Supporting Proposition 99, the Homeowner Protection Act (HPA).
RESOLUTION 2008-050
4. Hazardous Vegetation Abatement (Brush)
a. Adopt resolution declaring hazardous vegetation (brush) a public
nuisance and providing for their abatement. RESOLUTION 2008-051
b. Set June 16, 2008 as a public hearing to hear protests on this annual
program.
3
Consent Items – Continued
5. 115 N. Santa Cruz Avenue and 112 Wilder Avenue General Plan
Amendment Application GP-07-01 Zone Change Application Z-07-001
Architecture and Site Application S-07-019 Conditional Use Permit
Application U-07-020 Variance Application V-07-01 Negative
Declaration ND-07-10.
a. Adopt ordinance amending the Zoning Ordinance effecting a zone
change from R-1D:LHP to C-2:LHP. ORDINANCE 2161
b. Adopt resolution denying appeals and upholding the Planning
Commission’s decision to approve a General Plan Amendment, Zone
Change, Conditional Use Permit, Subdivision, Variance and a portion
of an Architecture and Site Application. RESOLUTION 2008-052
6. Adopt ordinance approving amendment to contract between the
Board of Administration California Public Employees’ Retirement
System and the Town Council of the Town Of Los Gatos. ORDINANCE
2160
TOWN COUNCIL/REDEVELOPMENT AGENCY
7. Adopt a resolution authorizing the Town Manager to increase the
contract amount with Ross Drulis and Cusenbery by $42,000 to
prepare construction drawings for the police operations building at
15900 Los Gatos Boulevard. RESOLUTION 2008-053
8. Approve Council/Agency minutes of April 21, 2008.
Mr. Davis pulled Consent Item# 8
Mayor Barbara Spector stated that Consent Item #8 will be heard after Other
[[Business.
MOTION: Motion by Council Member Diane McNutt to approve
Consent Items #1-7.
Seconded by Vice Mayor Mike Wasserman.
VOTE: Motion passed unanimously.
4
VERBAL COMMUNICATIONS
Ms. Weidhaas
Commented that Rolfing should be exempt from the Massage Ordinance.
Requested that she be refunded for permits and that her fingerprint
appointment be cancelled.
Mr. Davis
Commended Mayor Barbara Spector for being a heroine in Town.
Questioned the $1.9 million designated for parking funds and
suggested that it be used to build a parking lot at Baggerly Field.
Mr. Larson, Town Manager
Clarified that staff received the letter about Rolfing from Ms. Weidhaas
and that an evaluation process for the Massage Ordinance will be brought
to Council in June 2008.
Clarified that the $1.9 million has been set aside for downtown parking
and will be discussed by Council at the May 19, 2008 budget meeting.
Closed Verbal Communications
PUBLIC HEARINGS
Mr. Davis received a warning from Mayor Barbara Spector for disrupting the
meeting.
REDEVELOPMENT AGENCY
9. Consider and adopt resolution approving the Redevelopment Agency
midterm review of the Five Year Implementation Plan and Affordable
Housing Production Plan for the Central Los Gatos Redevelopment
Project for the period of July 1, 2004 to June 30, 2009. RESOLUTION
2008-054
Staff report made by Bud Lortz, Director of Community Development and Greg
Larson, Town Manager.
5
Public Hearing Item #9 – Continued
Council Comments
Questioned the use of redevelopment funds to support the Library project.
Questioned if the allocation of the redevelopment funds would impact any
ongoing projects.
Mr. Lortz
Clarified the use of redevelopment funds for the Library project and stated
that there would be no impacts to ongoing projects.
Open/Closed Public Hearing
MOTION: Motion by Council Member Joe Pirzynski to adopt
resolution approving the Redevelopment Agency midterm
review of the Five Year Implementation Plan and Affordable
Housing Production Plan for the Central Los Gatos
Redevelopment Project for the period of July 1, 2004 to June
30, 2009.
Seconded by Vice Mayor Mike Wasserman.
Council Discussion
Requested additional information regarding information about the amount
of redevelopment funds that would be used to support the Library project.
Motion passed unanimously.
TOWN COUNCIL
10. Open and hold public hearing to consider whether to introduce a
Planned Development Ordinance to construct a new residence, pool,
tennis court and accessory structures on property zoned HR-22. No
significant environmental impacts have been identified as a result of
this project and a Mitigated Negative Declaration has been
recommended. Planned Development Application PD-06-03. Negative
Declaration ND-07-04. APNS 537-29-007 & 008. Property location:
Kennedy Road @ Forrester Road. Property owner: Acorn Trust
Applicant: Rob DeSantis (continued from 2/5/07 and 4/2/07)
Staff report made by Bud Lortz, Director of Community Development.
6
Public Hearing Item #10 – Continued
Council Comments
Questioned if the DeSantis property could be sub-divided into two lots.
Mr. Korb
Clarified that there was a prior sub-division of the property.
Commented about the process for slope density and requirements for sub-
divisions on slopes and hillsides.
Council Comments
Questioned if staff recommended the height for the proposed home and
whether it includes the cellar.
Questioned if the grading summary in the staff report excludes the cellar.
Questioned on the calculation of truck loads for 7,560 cubic feet of off-
haul.
Mr. Lortz
Commented that staff had asked the applicant to comply with the 25 foot
height requirement.
Commented that if the height was reduced the architectural integrity would
be impacted.
Commented that the grading does not include the cellar.
Commented that there is about 10 yards of off-haul per dump truck.
Open Public Hearing
Mr. DeSantis, Applicant
Commented that he would give up his right to sub-divide the property
pending the approval of the proposed project.
Commented that there are fifteen larger homes in the immediate area.
Commented that no variances are requested.
Commented that the reduced grading and Least Restricted Development
Area (LRDA) was improved to 90% compliance.
Commented that his neighbors are against a sub-division at the location.
Commented on the project’s green architecture and use of solar
technology.
7
Public Hearing Item #10 – Continued
Andy Faber, Architectural Attorney
Commented that CEQA requirements have been met as part of the
Mitigated Negative Declaration.
Council Comments
Questioned the height of the proposed project.
Questioned if the applicant would be willing to reduce the size of the home
or eliminate the tennis courts or art studio.
Mr. DeSantis
Commented that the Hillside Guidelines allows for exceptions.
Expressed concerns about eliminating the tennis court and/or art studio for
then it would not be his family home.
Commented on preserving the core elements of the project.
Mr. Donnelly
Commented about the importance of adhering to the Hillside Standards
and Guidelines.
Mr. Haughton
Commented that the proposed project should meet all requirements in the
Hillside Standards and Guidelines.
Mr. Feinberg
Commented on the time and money the DeSantis family has spent on this
project.
Commented that the Town should enforce the adopted Hillside Standards
and Guidelines for all projects.
Mr. Crites
Commented that the ordinance for the proposed project is discriminatory
because it grants benefits that are unavailable to other property owners.
Questioned if a planned development is appropriate for the property.
8
Public Hearing Item #10 – Continued
Ms. Hill
Commented against the proposed project.
Mr. Decker
Commented about the General Plan and the Hillside Standards
and Guidelines.
Commented that the proposed project violates the General Plan.
Mr. Faraone
Commented that he is a neighbor of the DeSantis Family and supports the
proposed project.
Mr. Ardizzone
Commented that reduced density meets the Town Hillside Standards and
Guidelines.
Commented that a concept with reduced density would be to everyone's
benefit.
Mr. Morley
Commented in support of the proposed project.
Ms. Quintana
Commented about the environmental documents associated with the
proposed project.
Commented that a sub-division is not possible based on the Town Zoning
Code.
Commented that the Hillside Specific Plan calls for a minimum of 2.4
acres for sub-divisions.
Mr. Berger
Commented that he is a neighbor of the DeSantis Family and supports the
proposed project.
Commented that he would not like to see a sub-division at the location.
Ms. Dallas
Commented that she was part of the development of the Hillside
Standards and Guidelines and the General Plan development process.
Commented that the application is a good example of how the Hillside
Standards and Guidelines works.
9
Public Hearing Item #10 - Continued
Ms. Weber
Commented on supporting the proposed project.
Commented against the idea of a sub-division at the location.
Ms. Morgan
Commented on the excessive amount of grading at the location.
Mr. Silva
Commented that the bags of rocks submitted to each Council Member
represents an idea of how much off-haul is associated with the proposed
project.
Ms. Decker
Commented about the time it took to develop the Hillside Standards and
Guidelines, General Plan and the Hillside Specific Plan.
Commented that the documents were designed to protect the hillsides and
the proposed project destroys the hillside.
Mr. Mador
Stated that his firm was retained by Ms. Quintana and Ms. Decker to
review the DeSantis project.
Commented that the project as currently designed should not be
approved.
Mr. Davis
Commented against the proposed project and states that the proposed
project reduces the mountain.
Ms. Currie
Commented on the amount of grading at the site.
Commented on grading comparisons for other developments in Town.
Mr. Elliott
Commented that they are neighbors of the DeSantis Family and support
the proposed project.
Commented that this is a unique project that will benefit Los Gatos.
Mr. Vlasic
Suggested that the proposed project meets the Town’s requirements.
Commented that the design of the home should fit the site , and the site
should not be tailored to fit the home.
10
Public Hearing Item #10 - Continued
Mr. Weissman
Commented against the grading and off -haul for the proposed project.
Commented on the amount of dump trucks that would be using Town
roads.
Mr. Quintana
Commented against the proposed project.
Commented that the project is too massive and violates the Hillside
Standards and Guidelines.
Ms. Dreger
Commented that if the project is approved it would set precedence for
other large projects in Town.
Commented that the ambiance of the Town would be lost
if the proposed project is approved.
Mr. Guardino
Commented on supporting the proposed project.
Commended the applicant for building green and stated that the proposed
project exceeds the rating scale for Build it Green.
Mr. Siemens
Commented that the Mid Peninsula Open Space District staff is concerned
that this project sets precedence for other projects in the area.
Commented that people want to see the hillsides protected.
Mayor Barbara Spector called for a recess at 8:52 p.m. Meeting resumed at
8:56 p.m.
Mr. DiSantis, Applicant
Requested that Ms. Dallas continue her comments about the Hillside
Standards and Guidelines and proposed project.
Mr. Matteoni
Clarified that the lots are sub-dividable.
Clarified the density and lot patterns along Forrester Avenue.
Commented that there were several large developments on the hillsides
that did not require planned developments.
Suggested using the same monitoring plan for the trucks carrying off -haul
as the Town did for the Reservoir Road project.
Mr. De Santis
Commented on the aspects of the project that were portrayed negatively.
11
Public Hearing Item #10 – Continued
Closed Public Hearing
Council Discussion
Commented on preferring a single family home over a sub-division.
Commented that the neighbors were in support of the project and that
their support should hold some weight in the matter.
Commented that the property has had previous grading.
Commented on the deviations in height, development outside the Least
Restricted Development Area (LRDA), Amount of Floor Area Ratio (FAR),
and the cuts and fill associated with the proposed project.
Commented that there should be compelling reasons to allow the
deviations to the Hillside Standards and Guidelines.
Commented that the issue should not include the discussion of sub-
division.
Commented that the facts presented did not constitute a compelling
reason for deviating from the Town's standards.
MOTION: Motion by Council Member Joe Pirzynski to make the
Negative Declaration.
Seconded by Council Member Diane McNutt.
VOTE: Motion passed 3/2. Mayor Barbara Spector and Vice
Mayor Mike Wasserman voted no.
MOTION: Motion by Council Member Joe Pirzynski to adopt the
Mitigated Monitoring Program as stated in Attachment 27.
Seconded by Council Member Diane McNutt.
VOTE: Motion passed 3/2. Mayor Barbara Spector and Vice
Mayor Mike Wasserman voted no.
12
Public Hearing Item #10 – Continued
Council Discussion
Commented that the findings in the motion pertain to the Hillside Specific
Plan and that the motion should reflect that the project is not considered
consistent with the Hillside Standards and Guidelines.
The maker of the motion amended motion to include the findings on
pages 3 and 4 of the Staff Report that relate to the Hillside Standards and
Guidelines.
Mayor Barbara Spector stated for the record that she would like to
include page 2 of the staff report and the conditions that reflect the 7,560
cubic yards of fill, the 15,500 feet outside the LRDA, and the 15,000+
square feet of building.
MOTION: Motion by Council Member Joe Pirzynski to make the
findings as stated in Attachment 28 with amendments to
include:
The findings on pages 3 and 4 of the staff report that
relate to the Hillside Standards and Guidelines.
Seconded by Council Member Diane McNutt.
VOTE: Motion passed 3/2. Mayor Barbara Spector and Vice
Mayor Mike Wasserman voted no.
MOTION: Motion by Council Member Joe Pirzynski to approve
the conditions in the Planned Development Ordinance as
stated in Attachment 29 with an amendment to condition
#1 in the ordinance stating that the Architecture and Site go
to the Planning Commission instead of the Development
Review Committee.
Seconded by Council Member Diane McNutt.
Council Discussion
Suggested that the motion be amended to have the condition in the
ordinance relating to the Architecture and Site go to the Planning
Commission instead of the Development Review Committee.
Mr. Korb
Clarified for the record that the motion is to approve the conditions in the
ordinance and not the ordinance which would be approved when
introduced.
VOTE: Motion passed 4/1. Mayor Barbara Spector voted no.
13
Public Hearing Item #10 - Continued
Mayor Barbara Spector Directed Jackie Rose, Clerk Administrator to read the
title of the ordinance.
MOTION: Motion by Council Member Joe Pirzynski to waive the
reading of the ordinance.
Seconded by Council Member Diane McNutt.
VOTE: Motion passed unanimously.
MOTION: Motion by Council Member Joe Pirzynski to introduce a
Planned Development Ordinance to construct a new
residence, pool, tennis court and accessory structures on
property zoned HR-22. No significant environmental impacts
have been identified as a result of this project and a
Mitigated Negative Declaration has been recommended.
Planned Development Application PD-06-03. Negative
Declaration ND-07-04. APNS 537-29-007 & 008. Property
location: Kennedy Road @ Forrester Road. Property owner:
Acorn Trust Applicant: Rob DeSantis.
Seconded by Council Member Diane McNutt.
VOTE: Motion passed 3/2. Mayor Barbara Spector and Vice
Mayor Mike Wasserman voted no.
14
OTHER BUSINESS
11. Consider supporting the continuation of past practices for the
appointment of West Valley City representatives to the Santa Clara
Valley Transportation Authority.
Staff report made by Greg Larson, Town Manager
Council Comments
Commented on the issue of altering the West Valley city groupings within
the Valley Transportation Authority.
Suggested that the Town prepare a letter opposing the modification to
include Los Altos Hills as part of the West Valley grouping.
MOTION: Motion by Council Member Steve Glickman to direct staff
to prepare a letter to Valley Transportation Authority (VTA)
opposing the inclusion of Los Altos Hills as part of the West
Valley grouping.
Seconded by Council Member Joe Pirzynski.
VOTE: Motion passed unanimously.
PULLED CONSENT ITEMS
8. Approve Council/Agency minutes of April 21, 2008.
Mr. Davis
Commented that his statements regarding Baggerly Field, Town-owned
property at Vasona Park, and the recreation survey were not accurately
reflected in the minutes of April 21, 2008.
MOTION: Motion by Council Member Joe Pirzynski to approve the
Council/Agency meeting minutes of April 21, 2008.
Seconded by Vice Mayor Mike Wasserman.
VOTE: Motion passed unanimously.
15
COUNCIL/TOWN MANAGER REPORTS
12. Council Matters
Council Member Steve Glickman
Commented about the West Valley Collections and Recycling Board
meeting which discussed rates and hard to serve areas.
Commented that as of July 2008 all service areas will pay the same rate.
Mayor Barbara Spector
Asked Council Member Joe Pirzynski if he would like to attend the
Santa Clara Cities Association meeting on Thursday, May 8, 2008 to
represent the Town.
Council Member Joe Pirzynski stated that he would be out of Town on
that date.
Council Member Steve Glickman offered to attend the meeting to
represent the Town.
13. Manager Matters
Greg Larson, Town Manager
Updated the Council about the General Plan Update Advisory Committee
recruitment activities.
Reminded the residents of the Town of Los Gatos that they are welcome
to apply to the General Plan Update Committee.
Thanked the Clerk Department staff for their extraordinary hours and
dedication to the service of the community.
ADJOURNMENT
Attest:
/s/Jackie D. Rose, Clerk Administrator