M04-18-05DRAFT TOWN OF LOS GATOS Council/Agency Meeting
CALIFORNIA Date: 05/2/2005
TOWN COUNCIL/PARKING AUTHORITY
JOINT REDEVELOPMENT AGENCY Item#_________
APRIL 18, 2005/MINUTES
Los Gatos Civic Center
110 E. Main Street
Los Gatos, CA 95030
TIME ITEM ACTION ON ITEM
7:03 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, April 18, 2005, in a joint regular session.
7:04 PM ROLL CALL Present: Steve Glickman, Diane McNutt, Joe Pirzynski, Barbara Spector,
and Mayor/Chairman Mike Wasserman
Absent: None
7:04 PM PLEDGE OF
ALLEGIANCE
The audience was invited to participate in the Pledge of Allegiance.
7:05 PM CLOSED SESSION
CLOSED SESSION
Continued
CONFERENCE WITH REAL PROPERTY NEGOTIATOR
(Government Code Section 54956.8)
Property: Vasona Park Property
Negotiating Parties: Town of Los Gatos (Negotiator: Debra Figone,
Town Manager)
County of Santa Clara (Negotiator: Pete Kutras,
County Executive)
Under Negotiation: Price and terms of payment
Property: 375 Knowles Avenue
Negotiating Parties: Town of Los Gatos (Negotiator: Debra Figone,
Town Manager)
County of Santa Clara (Negotiator: Pete Kutras,
County Executive)
Under Negotiation: Price and terms of payment
Property: Yuki Property (APN 424 08 074)
Negotiating Parties: Town of Los Gatos (Negotiator: Debra Figone,
Town Manager)
Yuki Property (Negotiator: Tom Yuki)
Under negotiation: Price and terms of payment
CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED
LITIGATION
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(Government Code Section 54956.9 B)
Claim of Jose M. Carrasco
Direction was given during Closed Session. No action was taken.
7:06 PM COMMENDATION Community/Business Recognition
Jim Kooper, University Avenue Barber Shop.
Mr. Glickman presented the commendation to Mr. Kooper for his many
years of service at the University Avenue Barber Shop.
7:10 PM CONSENT ITEMS
#1-11
CONSENT ITEMS
#1-11
Continued
TOWN COUNCIL
1. Accept Schedule of Public Hearings. (1-28)
2. Accept staff recommendation on County Referrals (3-37)
a. Projects outside urban service area: None
b. Projects inside urban service area: 15647 Linda Avenue.
c. Status of previous applications: None.
3. Ratify Payroll for the period of March 13 – March 26, 2005 paid on
April 1, 2005. (3-V)
4. Ratify accounts payable for April, 2005. (4-V)
5. Approve Council Study Session Minutes of April 4, 2005.
6. Adopt resolution approving amendment with Cannon Design Group
to add consulting services in the development of Residential Design
Guidelines and to extend term of agreement; approving a project
budget of $60,000. (6-37) RESOLUTION 2005-027
7. Adopt a resolution for National Arbor Day proclamation and annual
observance. ( 7-28) RESOLUTION 2005-028
8. Equipment Purchase (8-42)
Adopt a resolution authorizing Town Manager to execute an
agreement with the Trane Company for the purchase of Civic
Center chiller replacement in the amount of $56,677.53 from
Account 6695-84553. RESOLUTION 2005-029
9. Landscape and Lighting Assessment Districts No. 1 & 2. (4-26)
a. Adopt resolution preliminarily approving the Engineer’s
Report for Fiscal Year 2005-2006.
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RESOLUTION 2005-030
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
2005-031
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
2005-032
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. RESOLTUION
2005-033
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 2005-034
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
2005-035
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 2005-036
REDEVELOPMENT AGENCY
10. Ratify accounts payable for April, 2005. (10-V)
Motion by Mr. Glickman to approve Consent Items #1-10.
Seconded by Mr. Pirzynski.
7:11 PM MAYOR CALLED
THE QUESTION
Carried unanimously.
7:12 PM CONSENT ITEMS
# 1-11
Continued
TOWN COUNCIL/REDEVELOPMENT AGENCY
11. Approve Council/Agency minutes of April 4, 2005
Town Council Minutes April 18, 2005
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PULLED ITEM #11
Mr. Davis commented that he does not like action only minutes and that they
do not provide the verbatim of the meeting.
Motion by Mr. Pirzynski to approve Consent Item #11.
Seconded by Mr. Glickman.
7:14 PM MAYOR CALLED
THE QUESTION
Carried unanimously.
7:15 PM VERBAL
COMMUNICATION
Mr. Davis
Commented on the lack of safe school routes along Oak Meadow
Drive and Blossom Hill Road, and the inadequate mandate to a
retaining wall at that location to improve the route.
7:18 PM CLOSED VERBAL
COMMUNICATION
7:19 PM MAYOR ASKED FOR
CONSENSUS TO
MOVE ITEM #13.
Consensus was given to move Item #13 to be heard before the Public
Hearing at tonight’s meeting.
7:20 PM OTHER BUSINESS
ITEM #13
HOUSING TRUST
OF SANTA CLARA
COUNTY
TOWN COUNCIL/REDEVELOPMENT
ITEM #13
Housing Trust of Santa Clara County (13-37)
a. Consider contribution of $100,000 for three years ($300,000 total
contribution) for Phase III Housing Trust Funding and Operations
Strategy.
b. Consider directing staff to place extension to existing agreement
between Housing Trust and Town of Los Gatos and Phase III
Housing Trust funding and Operations Strategy contribution
agreement on a future Town Council agenda for consideration.
Staff report made by Bud Lortz
Mr. Guardino, President and CEO of Silicon Valley Leadership, spoke
on the Housing Trust goals.
ITEM #13
Continued
COUNCIL
COMMENT
Questioned the $250,000 previously put in by the Town and how that
has been spent.
Asked staff for ideas on how to spend the money already allocated to
the funds to increase the inventory of affordable housing.
Questioned the balance on the CDBG report relating to affordable
housing.
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HOUSING TRUST
OF SANTA CLARA
COUNTY
Commented on moving forward with the extension with a pro-active
stance to spend the money for affordable housing projects.
Questioned if fund money would have impact on any Redevelopment
Agency funding for affordable housing.
Questioned due date for spending excess surplus of Redevelopment
Agency housing funds.
Direction was to place Phase III contributions and extension to the existing
agreement between the Housing Trust and the Town of Los Gatos on future
agenda.
7:35 PM MAYOR ASKED
FOR CONSENSUS
Consensus was given by show of hands.
7:36 PM PUBLIC HEARING
ITEM #12
DISCUSS AND
CONSIDER:
Commercial Design
Guidelines,
conditional use
modification,
modification of land
use, minor
architectural
modifications to
commercial buildings.
ITEM #12
Discuss and consider adoption of the following: (12-37)
a. Commercial Design Guidelines.
b. Town Code amendment regarding conditional use modification.
c. Policy on modification of land use.
d. Policy on minor architectural modifications to commercial
buildings. File #A-05-01. Applicant: Town of Los Gatos.
Staff report made by Bud Lortz.
7:43 PM COUNCIL
COMMENT
ITEM #12
Continued
COUNCIL
COMMENT
Questioned what was determined appropriate when identifying Los
Gatos buildings.
Questioned the revision regarding colors. Suggested using words
such as saturation and tints rather than pastels and colors.
Questioned the examples of material adverse impact and substantial
departure and who would be making the decision for the policy.
Clarification on labeling photos in the Commercial Design Guideline.
Suggested changes:
a. Page 7; adding a bullet to support economic vitality.
b. Suggested omitting addresses through out the document and
eliminating first paragraph of introductory statement on page
48, relating to description of auto dealerships, to create a
more timeless document.
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c. Page 14 (d); to read Strong building colors that are for
branding or advertising purposes may not be approved.
d. Page 21; change wording to “one of several economic focal
points”.
e. Page 57; verify statement recognizing standard of letter
height.
f. Page 21; statement in paragraph two should read west not
east.
g. All photos should have captions for clarity.
h. Would like to see something to encourage corner entries.
Suggested that Mr. Pacheco’s comments be folded into Commercial
Guidelines as recommended by staff.
Commented on keeping an open mind to variety of color.
Would like to see historical destinations in captions.
Questioned if intent is to have a working document or a timeless
document.
Suggested that the Commercial Guidelines come back to Council as a
business item with a list of all Council suggested changes.
8:10 PM OPEN/CLOSE
PUBLIC COMMENT
8:12 PM COUNCIL
DISCUSSION
Motion by Mr. Glickman to make the required finding that the Zoning
Code Amendment is consistent with the General Plan.
Seconded by Mr. Pirzynski.
8:13 PM MAYOR CALLED
THE QUESTION
Carried 4/1. Mrs. Spector voting no.
8:14 PM Motion by Mr. Glickman to wave the reading of the ordinance.
Seconded by Mrs. McNutt.
8:15 PM ITEM #12
Continued
COUNCIL
DISCUSSION
MAYOR CALLED
THE QUESTION
Carried unanimously.
8:16 PM Mayor directed Clerk Administrator to read the title, and publish
ordinance.
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8:17 PM Motion by Mr. Glickman to introduce the ordinance to effectuate Zoning
Code Amendment A-05-01.
Seconded by Mrs. McNutt.
8:18 PM Commented that the proposed amendment reduces the number
instances which are considered intensification of use and leaves open
the changes of use that will result in an increase of five or more peak
hour trips.
Questioned the base for modification used to determine vehicle trips.
Commented that traffic guidelines are ambiguous.
Would like to see Intensification Use examples to remain in the
ordinance to give the most concrete and specific direction, if the
decisions are to be made by staff and the Development Review
Committee.
Commented on the checks and balances regarding responsibilities of
the Planning Commission and Development Review Committee and
how we can ensure the effective role of each body to serve the
community.
8:24 PM MAYOR CALLED
THE QUESTION
Carried 4/1. Mrs. Spector voting no.
8:25 PM Motion by Mr. Glickman to adopt the resolution adopting the policy on
Conditional Use modification.
Seconded by Mrs. McNutt.
RESOLUTION 2005-037
8:26 PM MAYOR CALLED
THE QUESTION
Carried unanimously.
8:27 PM ITEM #12
Continued
COUNCIL
DISCUSSION
Motion by Mr. Glickman to adopt the resolution approving the policy on
Minor Alterations to Commercial Buildings.
Seconded by Mrs. McNutt.
RESOLUTION 2005-038
8:28 PM Commented that the Council Policy does not give enough direction.
Commented that the variable in the methodology and the
foundational numbers that are used for peak hour trips are not
specific enough.
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MAYOR CALLED
THE QUESTION
Carried 4/1. Mrs. Spector voting no.
8:30 PM DIRECTION GIVEN
ON COMMERCIAL
DESIGN
GUIDELINES
Direction was given to continue the Commercial Design Guidelines. Staff
will make changes discussed at tonight’s meeting and bring back to Council
for discussion and decision regarding specific changes that will be included.
8:31 PM Mayor Wasserman acknowledged the American Government Class from
Saratoga High School and thanked them for coming to the Town Council
Meeting.
8:32 PM OTHER BUSINESS
Continued
ITEM #14
SOLID WASTE
COLLECTION
RATE
ADJUSTMENT
TOWN COUNCIL
ITEM #14 (14-40)
Council discussion and direction to representative regarding proposed solid
waste collection rate adjustment by West Valley Solid Waste Management
Authority.
Staff report made by Regina Falkner.
8:35 PM COUNCIL
COMMENT
Commented on paying a minimum rate increase yearly or choosing to
set a higher rate increase and put the excess into a fund for rate
stabilization.
8:38 PM OPEN/CLOSE
PUBLIC COMMENT
8:39 PM ITEM #14
Continued
COUNCIL
DISCUSSION
Commented that supporting the 5% rate increase will allow continued
maintenance of our streets such as the street sweeper, steam cleaning
the sidewalks, and storm drain clearing.
Commented on supporting the rate increase.
8:41 PM Motion by Mr. Pirzynski to authorize its West Valley Solid Waste
Management Authority Board Representative, Council Member Steve
Glickman to approve proposed solid waste collection rate adjustment.
Seconded by Mrs. McNutt.
8:41 PM MAYOR CALLED Carried unanimously.
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THE QUESTION
8:42 PM ITEM #15
NORTH FORTY
SCOPE OF WORK
ITEM #15
North Forty Scope of Work. (15-37)
Discuss and provide direction on scope of work for the North 40 Specific
Plan.
Staff report made by Bud Lortz.
8:50 PM COUNCIL
COMMENT
Questioned if the owner of the property has intentions to make
property available in the near future.
Questioned the proposed plan regarding the roads, infrastructure and
comparison to the General Plan.
Questioned the appropriate time to develop the Specific Plan.
8:57 PM OPEN PUBLIC
COMMENT
Joanne Rodger, Former General Plan Task Force Committee member.
Commented that the Specific Plan should be updated to what the
community might want at this time.
Commented that this may not be the right time to spend money on a
plan since the property owner is not ready to sell.
Mary-Lyle Rempel
Asked if the Town of Los Gatos and the property owner have shared
ideas and visions for the North Forty.
9:04 PM CLOSE PUBLIC
COMMENT
9:04 PM ITEM #15
Continued
COUNCIL
DISCUSSION
Commented on the Specific Plan regarding housing and would like to
see possibility to take the Specific Plan in steps work to make it
compatible with the General Plan.
Commented on the area as a gateway to the community.
Commented that about 85% of the Specific Plan is good and would
like to see the land use updated, including the possibilities for
recreational use.
Would like to see General Plan Committee take a look at the Specific
Plan process regarding the infrastructure, design standards, and land
use.
9:25 PM MAYOR ASKED
FOR CONSENSUS
Consensus was given for the Specific Plan to be given to the General Plan
Committee for updates which would provide a plan for drainage, sewers,
access, maximum future flexibility, and land use. Staff will report back to
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Council.
9:30 PM ITEM #16
INTRODUCE
ORDINANCE
AMENDING
APPROVAL OF
PAYROLL AND
ATTENDANCE
RECORDS OF ALL
COUNCIL-
APPOINTED
EMPLOYEES AND
TOWN COUNCIL.
ITEM #16 (16-36)
Introduce ordinance of the Town of Los Gatos amending Division 1 of
Article III of Chapter 2 of the Los Gatos Town Code (Section 2.30.020) to
designate the Mayor or Vice-Mayor to approve payroll or attendance records
of all Council-appointed employees and the Town Council.
Staff report made by Orry Korb.
9:32 PM COUNCIL
COMMENT
None.
9:33 PM OPEN PUBLIC
COMMENT
Marian Cosgrove, Elected Clerk
Commented on her salary, certification of records, and her past and
present duties as the Elected Clerk.
9:36 PM CLOSED PUBLIC
COMMENT
9:37 PM ITEM #16
Continued
COUNCIL
DISCUSSION
Suggested for Section 1 part (B) to strike out “Town Clerk” in the
second sentence. Strike out “the Town council” and replace with
“other elected officials of the Town of Los Gatos” in the third
sentence.
9:44 PM Mayor directed Clerk Administrator to read the title.
9:46 PM Motion by Mrs. McNutt to wave the reading of the text of the proposed
ordinance.
Seconded by Mr. Pirzynski.
9:47 PM Motion by Mrs. McNutt to introduce the ordinance and read with changes.
Seconded by Mr. Pirzynski.
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9:48 PM MAYOR CALLED
THE QUESTION
Carried unanimously.
Mayor directed Clerk Administrator to publish the ordinance.
9:49 PM ITEM #17
COUNCIL
MATTERS
ITEM #17 (17-28)
Mr. Glickman
Commented on the retreat with the Boards and Commissions
regarding the enabling resolution for the Youth Commission
Mr. Wasserman
Commented on the Youth Commission Interview Committee, noting
that he and Council Member Spector will serve on that ad-hoc
commission.
9:50 PM ITEM #18
MANAGER
MATTERS
ITEM #18
Continued
MANAGERS
MATTERS
ITEM #18 (18-12)
Update on Boards and Commission
Direct Clerk Administrator to advertise for one vacancy on the
General Plan Committee (business owner/manager); one vacancy on
the Transportation and Parking Commission; and one vacancy on the
Community Services Commission.
Staff report made by Debra Figone.
Verbal update on proposed concert in Oak Meadow Park – June 2005. (18-
39)
Mr. Curtis spoke on the success of the Gypsy Kings Concert which Villa
Montalvo hosted last summer.
Questioned the anticipated attendance for the concert.
Questioned any issues raised last year that could be addressed for this
year.
Direction was given to proceed with the Special Event Permit.
9:57 PM MEETING
ADJOURNED
Submitted by: Attest:
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Jackie D. Rose, Deputy Clerk MarLyn J. Rasmussen, Clerk Administrator
Secretary to the Redevelopment Agency