M06-05-06 Council Agency Meeting June 19, 2006
TOWN OF LOS GATOS, CALIFORNIA
TOWN COUNCIL/PARKING AUTHORITY
JOINT REDEVELOPMENT AGENCY
June 5, 2006/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,
June 5, 2006, in a joint regular session.
7:03 PM ROLL CALL Present: Steve Glickman, Joe Pirzynski, Barbara
Spector, Mike Wasserman, and Mayor/Chairman
Diane McNutt.
Absent: None
7:03 PM PLEDGE OF
ALLEGIANCE
The incoming and outgoing members of the
Town of Los Gatos Youth Commission led the
pledge of allegiance. The audience was invited to
participate.
7:07 PM CLOSED SESSION None.
7:08 PM PRESENTATION
PRESENTATION
Continued
Commendations
Ben Lopes, Santa Clara County Fire
Department
Mr. Pirzynski presented Mr. Lopes with a
commendation for his many contributions to the
Town and the Santa Clara County Fire
department.
Janusz Liberkowski, American Inventor
Winner
Mrs. Spector presented Mr. Liberkowski with a
commendation for his achievement in designing
the ultimate baby car seat and winning the title of
American Inventor.
Outgoing Youth Commissioners
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Redevelopment Agency Los Gatos, California
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David Frazer
Lissa Zimmer
Jason Risoen
Katherine Stuart
Forest Gallien
Jacqueline Kemp
Sherine Rahimi
Katie Saunders
Mr. Wasserman presented the outgoing Youth
Commissioners with commendations for their
volunteer time on the commission and many
projects they worked on for the community and
youth.
7:24 PM CONSENT ITEMS
#1-12
ITEM # 8 and #12C
WAS PULLED BY A
MEMBER OF THE
PUBLIC AND HEARD
FOLLOWING OTHER
BUSINESS
CONSENT ITEMS
TOWN COUNCIL
1. Accept schedule of public hearings.(1-28)
2. General Municipal Election (2-3)
Adopt resolution of the Town of Los
Gatos. RESOLUTION 2006-057
a. Appointing the Clerk Administrator as
the Town’s Election Official and
ordering and calling a General
Municipal Election to be held in the
Town of Los Gatos on November 7,
2006.
b. Requesting Santa Clara County Board
of Supervisors to authorize Registrar
of voters to provide election services.
c. Requesting consolidation of general
state election with Los Gatos
municipal election and specifying
certain procedures for the
consolidated election.
d. Determine to levy low cost candidates’
statements.
e. Requiring payment of candidates’
filing fees; and providing for giving
notice of election for the purpose of
electing three Council Members.
3. Los Gatos Youth Commission. (3-12)
Ratify appointments of members and
alternates to the Los Gatos Youth
Commission as recommended by the Ad
Hoc Council Sub-Committee.
4. Approve action items from April 22, 2006
Council/Commission Retreat issue matrix.
(4-12)
5. Approve Storm Water Management
Budget, and authorize the West Valley
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Redevelopment Agency Los Gatos, California
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#1-12
Continued
Sanitation District to collect program
related fees on behalf of the Town. (5-41)
6. Adopt resolution authorizing the Town
Manager to execute the “Agency
Agreement for Countywide AB939
Implementation Fee” and the “Agency
Agreement for Countywide Household
Hazardous Waste Collection Program”.
RESOLUTION 2006-058 (6-40)
7. Project No. 05-02 – FY 2005-06 Curb,
Gutter, and Sidewalk Repair and
Replacement (7-24)
Adopt resolution accepting work of JJR
Construction, Incorporated and
authorizing the Town Manager to execute
Certificate of Acceptance and Notice of
Completion for recording by the Clerk
Administrator. RESOLUTION 2006-059
9. Project No. 06-22 – Civic Center Building
Leak Repairs and Waterproofing (9-24)
Adopt resolution approving plans and
specifications for the Civic Center Building
Repairs and Waterproofing and
authorizing staff to advertise the project
for bids. RESOLUTION 2006-061
10. Project 06-30 – Tree Pruning and
Removal (10-33)
a. Adopt resolution declaring Trugreen
Land Care to be the lowest
responsible bidder on the project and
awarding a tree pruning and removal
contract in the amount of $30,950.
RESOLUTION 2006-062
b. Authorize staff to issue change orders
to the construction contract up to an
amount of $10,000.
TOWN COUNCIL/REDEVELOPMENT
11. Approve Council/Agency Minutes of
a. Special Meeting of April 22, 2006
b. May 1, 2006
Motion by Mr. Glickman to approve Consent
Items #1-#7, and #9-11.
Seconded by Mr. Wasserman
7:30 PM MAYOR CALLED THE
QUESTION
Carried unanimously.
7:30 PM INTRODUCTIONS New Youth Commission Members and Alternates.
Town Council Minutes June 5, 2006
Redevelopment Agency Los Gatos, California
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Recommended Members:
Zach Hershberger
Nicky Robinson
Bronwyn Stone
Peter Hadar
Stanford Stickney
Olivia Colliver
Jordan Kahler
Liz Mellema
Reeta Banerjee
Ashley Yuki
Recommended Alternates:
Kelsey Hall
Lindsay Trone
Susan Kahng
Jason Louie
Rachel Carson
Mayor McNutt introduced the incoming
Youth Commissioners and alternates and
welcomed them to the commission.
7:35 PM OPEN VERBAL
COMMUNICATION
Mr. Davis
Commented regarding the lack of
sidewalks located along Blossom Hill
Road between Roberts Road and
University Avenue.
Commented regarding the American
Apparel appeal.
7:38 PM CLOSED VERBAL
COMMUNICATION
7:38 PM PUBLIC HEARINGS
ITEM #13
91, 101 and 109 WEST
MAIN STREET
ITEM #13 (13-9)
Consider a request to modify a Conditional Use to
change the hours of operation, allow special
events, deli, off-site beer and wine sales, and wine
tasting on property zoned C-2. Conditional Use
Permit U-06-12. APN: 529-01-025. Property
location: 91, 101, and 109 W. Main Street.
Property owner: Sue Farwell. Applicant Teri Hope.
Staff report made by Bud Lortz.
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Redevelopment Agency Los Gatos, California
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7:40 PM PUBLIC HEARINGS
ITEM #13
91, 101 and 109 WEST
MAIN STREET
COUNCIL COMMENT
Questioned the use of an expiration date
as part of the Conditional Use Permit.
Questioned if an annual report could be
brought back to Council relating to the
terms of the Conditional Use Permit.
Questioned if and when a fee would be
required if expiration dates and reports
where to be included as part of the
Conditional Use Permit.
Questioned if beer and wine service for
this application would come under the use
of the Town’s Alcohol Policy.
7:45 PM OPEN PUBLIC HEARING Teri Hope, Applicant
Commented on keeping pace with the
economy.
Would like to consolidate all the existing
Conditional Use Permits for her business
to fall under one Conditional Use Permit
and bring them up to date.
Commented that her customers would like
to see the added services and products in
her business.
Commented on the events that go on at
her business.
Commented on coffee houses in Europe
which offer some of the same services as
proposed in the application before Council
tonight.
Fawn Skyles, co-applicant
Commented on serving and selling wine
from the local wineries.
Commented on her background in
specialty groceries and wine knowledge.
Ms. Lindsay
Commented that the local wineries
support the proposed application.
Ms. Hansen
Commented on supporting the proposed
application.
Mr. O’Brien
Commented on supporting the proposed
application.
Mr. Ashton
Commented on supporting the proposed
application.
Town Council Minutes June 5, 2006
Redevelopment Agency Los Gatos, California
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ITEM #13
Continued
91, 101 and 109 WEST
MAIN STREET
PUBLIC HEARING
Mr. Farwell
Commented on supporting the proposed
application.
Commented against the expiration on a
Conditional Use Permit.
Mr. Jenkins
Commented on supporting the proposed
application.
Mr. Williams
Commented on supporting the proposed
application.
Supports the 21 and under events at the
Coffee Roasting Company.
Teri Hope, Applicant
Asked that Council consider her
application request.
Council Comments
Questioned the number of events per year
for individuals under 21.
Questioned adding an expiration date to
the Conditional Use Permit.
8:12 PM CLOSE PUBLIC
HEARING
8:12 PM COUNCIL DISCUSSION Asked for staff suggestions on how to
condition the approval to be pro active.
Commented on the difficultly of bringing a
Conditional Use Permit up for review.
Commented on the use of the Town’s
Code Enforcement Officer to help with any
violation of a Conditional Use Permit.
Motion by Mr. Wasserman to approve the
conditions, findings, and include the contents of
the June 1, 2006 letter from Teri Hope which was
included in the staff report.
Seconded by Mr. Glickman
8:22 PM MAYOR CALLED THE
QUESTION
Carried unanimously.
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Redevelopment Agency Los Gatos, California
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8:22 PM PUBLIC HEARINGS
ITEM #14
17101 HICKS ROAD
ITEM #14
Consider a request for approval to an approved
Planned Development to modify the grading for
lots 6 through 11 (287, 289, 291, 293, 297 & 299
Mountain Laurel Lane) on property zoned HR-
5:PD. APNS: 537-18-001, 567-23-042 and 567-
24-008. Planned Development Application PD-06-
04. Project address: 17101 Hicks Road. Property
owner/applicant: GHC Shannon Valley Ranch,
LLC
Staff report made by Bud Lortz.
8:29 PM COUNCIL COMMENT Questioned the Planning Commission’s
issues relating to the Hillside Standards
and Guidelines.
Questioned the scope of interpretation by
the Planning Commission.
Clarification regarding the scope of
grading and the artificial slopes in the
proposed grading plan.
Questioned the grading process if done by
the individual property owners.
Clarification on the use of the area beyond
the proposed retaining walls.
8:35 PM OPEN PUBLIC HEARING
PUBLIC HEARINGS
Mr. Patrick Costanzo Jr., Greenbriar Homes
Commented that the grading is not a
natural grade, but occurred during site
preparation.
Suggested placing a deed restriction on
each property to not allow any other
retaining wall on the property.
Commented on the consistency and
uniformity of the proposed retaining walls.
Commented on the proper drainage for
each proposed retaining wall.
Commented regarding lot 6 and the
double wall issue. Commented that the
materials used on the walls match the
homes.
Council Comments
Clarification regarding the drainage
required for the proposed retaining walls.
Clarification regarding grating of the
artificial slope.
Mr. Davis
Commented regarding the detail for
proper drainage with the retaining walls.
Commented regarding the materials used
for the retaining walls.
Town Council Minutes June 5, 2006
Redevelopment Agency Los Gatos, California
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ITEM #14
Continued
17101 HICKS ROAD
PUBLIC HEARING
Mr. Patrick Costanzo Jr., Greenbriar Homes
Commented that Greenbriar Homes has
committed to stucco as the material for the
proposed retaining walls.
Commented on the types of drainage and
retaining walls proposed for the project.
Commented on the benefits if the retaining
walls were all uniform and conformed to
the guidelines.
Asked for no more restrictions regarding
the landscaping, and to let the
homeowners fall under the Hillside
Guidelines for future grating applications
to their property.
Council Comments
Questioned the landscaping required
along the hillside
Commented regarding the desire to
prevent manicured foliage along the
hillside.
Clarification on comments to amend
Planned Development to say that the
landscaping should be natural.
Questioned the reasons for a change in
the approval of the original Planned
Development.
8:50 PM CLOSE PUBLIC
HEARING
8:50 PM COUNCIL DISCUSSION Questioned the “no more grading” as
stated in the condition amending the
Planned Development Ordinance.
Commented on concerns with future
homeowners grading the slope behind the
proposed retaining walls.
Commented that the retaining wall request
violates the Hillside Standards and
Guidelines.
Commented on the Planning
Commission’s dialogue relating to the
proposed retaining wall project.
Commented that this is a minor
adjustment to the Hillside Standards and
Guidelines that would have a benefit.
9:12 PM Direct Clerk Administrator to Read the Title of the
ordinance.
Town Council Minutes June 5, 2006
Redevelopment Agency Los Gatos, California
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9:13 PM PUBLIC HEARINGS
ITEM #14
Continued
17101 HICKS ROAD
COUNCIL DISCUSSION
Motion by Mr. Glickman to wave the reading.
Seconded by Mr. Wasserman
9:13 PM MAYOR CALLED THE
QUESTION
Carried 4/1 Mrs. Spector voting no.
9:14 PM COUNCIL DISCUSSION Motion by Mr. Glickman to introduce the
ordinance to effectuate Planned Development PD-
06-04 with condition to amend Planned
Development as follows:
Grading and/or earth disturbance of any
kind is prohibited upslope of the retaining
walls on Lots 6 through Lots 11 as shown
on Exhibit D of the Planned Development
Ordinance. Planting of native species is
permitted upslope of the retaining walls
within the landscape zones unless
otherwise approved by the Town. A deed
restriction shall be recorded on each lot
reciting this condition. This condition shall
be effectuated upon construction of the
retaining walls.
Seconded by Mr. Pirzynski.
9:14 PM MAYOR CALLED THE
QUESTION
Carried 4/1 Mrs. Spector voting no.
9:14 PM PUBLIC HEARING
Continued
ITEM #15
LANDSCAPE AND
LIGHTING
ITEM #15
Landscape and Lighting Assessment District No. 1
& 2 (15-26)
a. Adopt resolution confirming the diagram
and assessments, and levying and
authorizing collection of assessments for
Landscape and Lighting Assessment
District No. 1-Blackwell Drive Benefit
Zone. RESOLUTION 2006-064
b. Adopt resolution confirming the diagram
and assessments, and levying and
authorizing collection of assessments for
Landscape and Lighting Assessment
District No. 1 Kennedy Meadows Benefit
Zone. RESOLUTION 2006-065
c. Adopt resolution confirming the diagram
and assessments, and levying and
authorizing collection of assessments for
Landscape and Lighting Assessment
District No. 1-Santa Rosa Heights Benefit
Zone. RESOLUTION 2006-066
Town Council Minutes June 5, 2006
Redevelopment Agency Los Gatos, California
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PUBLIC HEARING
Continued
ITEM #15
LANDSCAPE AND
LIGHTING
d. Adopt resolution confirming the diagram
and assessments, and levying and
authorizing collection of assessments for
Landscape and Lighting Assessment
District No. 1-Vasona Heights Benefit
Zone. RESOLUTION 2006-067
e. Adopt resolution confirming the diagram
and assessments, and levying and
authorizing collection of assessments for
Landscape and Lighting Assessment
District No. 1-Hillbrook Drive Benefit Zone.
RESOLUTION 2006-068
f. Adopt resolution confirming the diagram
and assessments, and levying and
authorizing collection of assessments for
Landscape and Lighting Assessment
District No. 2 – Gemini Court Benefit
Zone. RESOLUTION 2006-069
Staff report made by Kevin Rohani.
9:15 PM COUNCIL COMMENT None.
9:15 PM OPEN/CLOSE PUBLIC
HEARING
9:16 PM COUNCIL DISCUSSION Motion by Mr. Glickman to adopt all resolutions
indicated in the staff report pertaining to the
Landscape and Lighting Assessment District.
Seconded by Mr. Pirzynski
9:16 PM MAYOR CALLED THE
QUESTION
Carried unanimously.
9:17 PM OTHER BUSINESS None.
9:17 PM PULLED CONSENT
ITEMS #8 and #12C
PULLED CONSENT
ITEM #8
Project No. 05-18 – 25 Fiesta Way Annex ADA
Improvements
a. Adopt resolution accepting work of GKI
Construction and authorizing the Town
Manager to execute Certificate of
Acceptance and Notice of Completion for
recording by the Clerk Administrator of the
Town of Los Gatos.
RESOLUTION 2006-060
b. Authorize budget adjustment of $11,200
to project account 400-0615
c. Authorize transfer of $11,200 from
Building and Maintenance Fund (6695) to
account 400-0615.
ITEM #12
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Redevelopment Agency Los Gatos, California
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ITEMS #8 and #12C
Continued
Award of Construction Con tact for Main Street
Resurfacing and Streetscape and Los Gatos
Almaden Road Resurfacing (12-24)
a. Adopt resolution declaring Joseph J.
Albanese, Incorporated to be the lowest
responsible bidder on the project and
awarding a construction contract in the
amount of $1,559,550.00
RESOLUTIONS 2006-063 and 2006-6RD
b. Authorize staff to issue change orders to
the contract as necessary up to an
amount of $100,000,00.
ITEM #12 Continued
c. Authorize budget adjustments interfund
transfers and intra-project transfers as
detailed in the financial impact section of
this report to be incorporated into the FY
2006/07-11 Capital improvement Plan to
be presented for final approval by Town
Council/Members of Redevelopment
Agency on June 19, 2006.
Mr. Davis pulled Consent Items #8 and #12, but
was not present to speak.
Motion by Mrs. Spector to approve Consent
Items #8 and #12.
Seconded by Mr. Glickman.
9:17 PM MAYOR CALLED THE
QUESTION
Carried unanimously.
9:18 PM ITEM #16
COUNCIL MATTERS
ITEM #16
None
9:18 PM ITEM #17
MANAGER MATTERS
ITEM #17
None.
9:18 PM MEETING ADJOURNED
Submitted by: ATTEST:
Jackie Rose, Deputy Clerk MarLyn Rasmussen, Clerk Administrator