08 Staff Report - Minutes Parking Authority Joint Redevelopment AgencyDRAFT Council Agency Meeting May 1, 2006
Item #
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
Matt and Joey Bergandi, Lyle, Clay and
ALLEGIANCE
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
Commendation
AND
Reeta Banerjee, Youth Commission
PRESENTATIONS
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.
Town Council Minutes
Redevelopment Agency
April 17, 2006
Los Gatos, California
7:25 PM il CONSENT ITEMS
#1-14
ITEM #7
WAS PULLED BY
MEMBER OF THE
PUBLIC AND HEARD
AFTER OTHER
BUSINESS
TOWN COUNCIL
1. Accept schedule of public hearings- (1 -28)
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-1 D.
APN: 529-08-008. Property
owner/appellant: Anna Huynh and Kevin
Crane. RESOLUTION 2006- 033 (6-15)
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Town Council Minutes
Redevelopment Agency
April 17, 2006
Los Gatos, California
CONSENT ITEMS
#1-14
Continued
ITEM #7
WAS PULLED BY
MEMBER OF THE
PUBLIC AND HEARD
AFTER OTHER
BUSINESS
Adopt resolution granting an appeal of a
Planning Commission decision approving
a time extension to April 13, 2006 for a
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)
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
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Town Council Minutes
Redevelopment Agency
April 17, 2006
Los Gatos, California
CONSENT ITEMS
10. Adopt resolution for National Arbor Day
#1-14
proclamation and annual observance.
RESOLUTION 2006- 036 (10-33)
Continued
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
Consent Items #1-5, and #8-14 carried
QUESTION
unanimously. Consent Item #6 carried 4/1
Mrs. Spector abstained.
7:26 PM
OPEN VERBAL
Mr. Davis
COMMUNICATION
. 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
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Town Council Minutes
Redevelopment Agency
April 17, 2006
Los Gatos, California
7:30 PM
PUBLIC HEARINGS
ITEM #15 (15-36)
ITEM #15
Zoning Code Amendments A-06-01 through A-
06-11 (Note: primarily housekeeping items(15-36)
ZONE CODE
Public hearing to consider introduction of
AMENDMENTS A-06-01
ordinance amending sections of the Town Code
THROUGH A-06-11
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
Clarification regarding 29.40.070 and
ITEM #15
29.50.055, projections allowed into yards.
• Clarification regarding current status of
ZONE CODE
zoning for amendment A-06-09,
AMENDMENTS A-06-01
Conditional Use Permit requirement for
THROUGH A-06-11
new office buildings, and impact of
proposed changes.
COUNCIL COMMENT
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Town Council Minutes
Redevelopment Agency
April 17, 2006
Los Gatos„California
PUBLIC HEARINGS
Clarification on Section 29.20.060 under
ITEM #15
sub section 1. would like the phrase to
Continued
read:
1. Before occupancy of any new
ZONE CODE
building or commencement of
AMENDMENTS A-06-01
any activity when architecture
THROUGH A-06-11
and site approval or a conditional
use permit is required. (Excluding
COUNCIL COMMENT
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.
Motion by Mr. Pirzynski to accept report in the
ITEM #15
form of meeting minutes from the Planning
Continued
Commission regarding the Town Code
amendments.
ZONE CODE
Seconded by Mrs. Spector.
AMENDMENTS A-06-01
THROUGH A-06-11
COUNCIL DISCUSSION
7:44 PM
MAYOR CALLED THE
Carried unanimously.
QUESTION
11
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
Carried unanimously.
QUESTION
11
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Town Council Minutes
Redevelopment Agency
April 17, 2006
Los Gatos, California
7:47 PM
PUBLIC HEARINGS
Motion by Mr. Pirzynski to make the required
ITEM #15
finding that the proposed Town Code
Continued
amendments are consistent with the General
Plan and its elements.
ZONE CODE
Seconded by Mr. Wasserman
AMENDMENTS A-06-01
THROUGH A-06-11
COUNCIL DISCUSSION
7:47 PM
MAYOR CALLED FOR
3/2 Mr. Glickman and Mrs. Spector voting no.
THE QUESTION
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
4/1 Mr., Glickman voting no.
QUESTION
7:55 PM
OTHER BUSINESS
ITEM #16
Auto Dealers (follow up to 3/20/06 Council Study
ITEM #16
Session (16-36)
Consideration of a resolution expressing support
CONSIDERATION OF
for automobile dealerships and review of action
RESOLUTION
items from the automobile dealerships study
EXPRESSING
session.
SUPPORT FOR
AUTO DEALERSHIPS
Staff report made by Bud Lortz.
8:06 PM
COUNCIL COMMENT
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.
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Town Council Minutes
Redevelopment Agency
April 17, 2006
Los Gatos, California
OTHER BUSINESS
Continued
ITEM #16
CONSIDERATION OF
RESOLUTION
EXPRESSING
SUPPORT FOR
AUTO DEALERSHIPS
COUNCIL COMMENT
• Questioned if the proposed resolution
would require a Planned Development
application.
Commented on Council's decisions
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
Mr. Moore
COMMENT
• 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.
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Town Council Minutes
Redevelopment Agency
April 17, 2006
Los Gatos, California
OTHER BUSINESS
Mrs. Swanson Continued
Continued
• Commented on the lack of interest from
other auto dealerships relocating to Los
ITEM #16
Gatos Boulevard in the near future.
• Commented the proposed resolution
CONSIDERATION OF
would force auto dealerships to prove
RESOLUTION
their insolvency if they have to close their
EXPRESSING
doors-
SUPPORT FOR
• Asked for clarification regarding the nine
AUTO DEALERSHIPS
action items identified in the staff report.
PUBLIC COMMENT
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.
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Town Council Minutes
Redevelopment Agency
April 17, 2006
Los Gatos, California
OTHER BUSINESS
Mr. Skow Continued
Continued
Commented that the Town's review
process is adequate, and asked why the
ITEM #16
Town would need the resolution.
CONSIDERATION OF
Council Comments
RESOLUTION
Clarification on supporting Planned
EXPRESSING
Development requirements for all
SUPPORT FOR
properties that are currently dealerships.
AUTO DEALERSHIPS
Mr. Doyle
PUBLIC COMMENT . 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
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Town Council Minutes
Redevelopment Agency
April 17, 2006
Los Gatos, California
resolution.
Council Comments
OTHER BUSINESS
Questioned if Mr. Hirschmann had an
Continued
opinion as far as requirements for
Planned Development applications for
ITEM #16
the 29 parcels with 40,000 square feet or
more.
CONSIDERATION OF
RESOLUTION
Mr. Wolf
EXPRESSING
Commented against supporting the
SUPPORT FOR
proposed resolution.
AUTO DEALERSHIPS
Commented against any restrictions for
property rights.
PUBLIC COMMENT
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
F
I
COMMENT
- _ i
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Town Council Minutes
Redevelopment Agency
April 17, 2006
Los Gatos, California
9:53 PM OTHER BUSINESS
1111 Continued
ITEM #16
CONSIDERATION OF
RESOLUTION
EXPRESSING
SUPPORT FOR
AUTO DEALERSHIPS
COUNCIL DISCUSSION
• 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
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
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Town Council Minutes
Redevelopment Agency
April-117,2006
Los Gatos, California
10:28 PM
CONSENT ITEMS #1-14
ITEM # 7
7. Adopt resolution granting a request to
PULLED ITEM #7
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.
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
Carried unanimously.
QUESTION
10:34 PM
ITEM #12
ITEM #17
Mrs. Spector
COUNCIL MATTERS
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
ITEM #18
MANAGER MATTERS
None.
10:36 PM
MEETING ADJOURNED
Submitted by:
Jackie D. Rose, Deputy Clerk
ATTEST:
Marlyn Rasmussen, Clerk Administrator
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