M06-19-06 Council Agency Meeting August 7, 2006
TOWN OF LOS GATOS, CALIFORNIA
TOWN COUNCIL/PARKING AUTHORITY
JOINT REDEVELOPMENT AGENCY
June 19, 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 19, 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
Wes Heeter, Hillbrook School led the pledge of
allegiance. The audience was invited to
participate.
7:04 PM CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL –
EXISTING LITIGATION
(Government Code Section 54956.9[a]
Town vs. Capri Associates LLC, Santa Clara
County Superior Court Case No. 1-05-CV-055584
Mr. Korb stated that direction was given and no
action was taken.
CONFERENCE WITH LABOR NEGOTIATOR
(Government Code Section 54957.6)
Recommended COLA for all unrepresented
classes
Town Negotiator (Lead): Debra Figone, Town
Manager
Employee Organizations: Management
Confidential Unit
Part-time/temporary
personnel.
Mr. Korb stated that direction was given and no
action was taken.
7:05 PM BOARD/COMMISSION/C
OMMITTEE
Arts Commission Appointment
Town Council Minutes June 19, 2006
Redevelopment Agency Los Gatos, California
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APOINTMENT Penelope O’Neill
Ms. O’Neill was appointed to the Arts Commission
by a 5/0 vote by Council.
7:06 PM CONSENT ITEMS
#1-18
ITEM # 13 BY A
MEMBER OF THE
COUNCIL and #17
WAS PULLED BY A
MEMBER OF THE
PUBLIC BOTH WERE
HEARD FOLLOWING
OTHER BUSINESS
CONSENT ITEMS
#1-18
continued
TOWN COUNCIL
1. Ratify payroll for the month of May 2006
(1-V)
2. Ratify accounts payable for May 2006
(2-V)
3. Accept Treasurer’s Report for April 2006.
(3-2)
4. Approve minutes of June 5, 2006 Special
Council Meeting (4-V)
5. Signal and Street Light Maintenance.
Adopt resolution authorizing Town
Manager to execute a contract
amendment with Republic Electric to
provide signal and street light
maintenance services in the Town of Los
Gatos. RESOLUTION 2006- 070 (5-41)
6. Adopt resolution opposing AB2987 and
endorsing League of California Cities
Telecommunications reform principles.
RESOLUTION 2006-071 (6-12)
7. Adopt resolution modifying 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.
RESOLUTION 2006-072 (7-15)
7A. Adopt an ordinance of the Town of Los
Gatos amending Planned Development
PD-99-02. Relative to grading and
repealing Ordinance 2097 for the
Shannon Valley Ranch Project at
Shannon and Hicks Roads. (Previously
addressed as 17101 Hicks Road and
14045 Shannon Road).
ORDINANCE 2097
8. Project 05-06 – Los Gatos Creek Trail
Bridge Repair Project. (8-24)
Adopt resolution accepting work of
Anderson Pacific Engineering and
Town Council Minutes June 19, 2006
Redevelopment Agency Los Gatos, California
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CONSENT ITEMS
#1-18
Continued
authorizing the Town Manager to execute
Certificate of Acceptance and Notice of
Completion for recording by the Clerk
Administrator. RESOLUTION 2006-073
9. Agreement for Construction Inspection
Services (9-24)
Adopt resolution authorizing the Town
Manager to execute an agreement
between the Town of Los Gatos and the
City of Campbell for construction
inspection services on a temporary basis.
RESOLUTION 2006-074
10. Adopt resolution authorizing Town
Manager to execute into an agreement
between the Santa Clara County Central
Fire Protection District, the cities of
Campbell and Saratoga, and the Town of
Los Gatos to provide storm water
protection services.
RESOLUTION 2006- 075 (10-40)
11. Adopt resolution appointing Bruce Entin,
Transportation and Parking
Commissioner, as representative to the
Santa Clara Valley Transportation
Authority Countywide Bicycle and
Pedestrian Advisory Committee (BPAC).
RESOLUTION 2006-076 (11-12)
12. Adopt resolution authorizing Town
Manager to execute an amendment to the
professional services agreement with
Innovative Claims Solutions, Incorporated
to extend the contract for three years to
perform compensation claims
administration.
RESOLUTION 2006- 077 (12-6)
REDEVELOPMENT
14. Ratify accounts payable for May 2006 (14-
V)
TOWN COUNCIL/REDEVELOPMENT AGENCY
15. Approve Council/Agency minutes of June
5, 2006 (15-V)
Town Council Minutes June 19, 2006
Redevelopment Agency Los Gatos, California
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16. Approve Town Council/Redevelopment
Agency Meeting Schedule for 2006-2007.
(16-12)
18. Project 05-22 – Parking Lot 5 Repair and
Resurfacing (18-24)
Adopt resolution accepting work of Joseph
J. Albanese and authorizing the Town
Manager/Executive Director to execute
Certificate of Acceptance and Notice of
Completion for recording by the Clerk
Administrator/Secretary of the
Redevelopment Agency.
RESOLUTION 2006-078 and 2006-7RD
Motion by Mr. Pirzynski to approve Consent
Items #1 – 12, #14 – 16, and #18.
Seconded by Mr. Glickman
7:08 PM MAYOR CALLED THE
QUESTION
Consent Items #1- 7, #8-12, #14 – 16, and
#18Carried unanimously.
Consent Item #7A carried 4/1 with Mrs. Spector
Voting no.
7:08 PM OPEN VERBAL
COMMUNICATION
Mr. Neilsen
Requested input regarding the
replacement of a superintendent for the
Los Gatos High School District.
Mr. Davis
Commented on the American Apparel
appeal.
Questioned the timeframe for the project
to install sidewalks along Blossom Hill
Road between Roberts Road and
University Avenue.
7:14 PM CLOSED VERBAL
COMMUNICATION
7:14 PM PUBLIC HEARINGS
ITEM #19
ABATEMENT OF
HAZARDOUS
VEGETATION (BRUSH)
ITEM #19 (19-33)
Abatement Of Hazardous Vegetation (Brush)
Adopt resolution overruling objections and
ordering hazardous vegetation abatement (brush).
RESOLUTION 2006-079
Staff report made by John Curtis.
7:16 PM COUNCIL COMMENT None.
Town Council Minutes June 19, 2006
Redevelopment Agency Los Gatos, California
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7:16 PM OPEN/CLOSE PUBLIC
HEARING
7:17 PM PUBLIC HEARINGS
ITEM #19
Continued
ABATEMENT OF
HAZARDOUS
VEGETATION (BRUSH)
COUNCIL DISCUSSION
Motion by Mr. Pirzynski to adopt resolution to
overrule objections and ordering hazardous
vegetation abatement (brush).
Seconded by Mrs. Spector.
7:17 PM MAYOR CALLED THE
QUESTION
Carried unanimously.
7:18 PM PUBLIC HEARINGS
ITEM #20
107 COLORADO COURT
ITEM #20
Consider a Planning Commission decision
denying approval to construct a new single family
residence on property zoned HR-2 ½.
Architecture and Site Application S-06-022. APN:
527-56-033. Property location: 107 Colorado
Court. Property owner/Applicant/Appellant:
Stewart and Colette Fahmy.
Staff report made by Bud Lortz.
7:18 PM COUNCIL COMMENT Mr. Fahmy was not present at this time. Mayor
McNutt continued this Item to follow the Pulled
Consent Items.
7:19 PM OTHER BUSINESS None.
7:20 PM CONSENT ITEMS
Continued
PULLED ITEM #13
CONSENT ITEMS
Continued
PULLED ITEM #13
ITEM #13
13. Civic Center Master Plan
a. Authorize Town Manager to negotiate
and execute an agreement with
Anderson-Brule Architects in an
amount not to exceed the remaining
balance plus an additional $20,000 for
a term ending June 30, 2007 to
complete the Civic Center/Library
Master Plan.
b. Authorize budget adjustment in the
amount of $20,000 from the General
Fund Manager’s Contingency account
increasing the budget by $20,000 in
the Town’s Civic Center Master Plan
Project #400-0202.
Council Comments
Suggested that cost estimates for four
options be provided before continuing,
and costs for property owners if bonds are
issued.
Town Council Minutes June 19, 2006
Redevelopment Agency Los Gatos, California
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Commented that the purpose of the
master plan is to understand how to
enhance the Civic Center to better serve
the community at a cost that is appropriate
and reasonable.
Commented that we are not at the end of
the process.
Commented that needs assessments
through public input have informed the
space program estimates.
Commented that more information is
needed to have more accurate costs.
Mrs. Figone
Clarified that the master plan will not be a
commitment to fund either new
construction or remodeling, rather it is a
prudent plan to meet the needs of the
community and to offer the community
choices over the course of time.
Clarified that preliminary cost estimates
will be provided for a preferred option
reflecting community and council input,
which may need to be scaled or phased.
Mr. Davis
Questioned if a demographic study could
be done before moving forward with the
project.
Motion by Mrs. Spector to approve Consent Item
#13.
Seconded by Mr. Pirzynski.
7:39 PM MAYOR CALLED THE
QUESTION
Carried 4/1 with Mr. Glickman voting no.
7:40 PM PULLED ITEM #17
CONSENT ITEMS
Continued
PULLED ITEM #17
ITEM #17
17. Adopt resolution approving the Town and
Redevelopment Agency’s Fiscal Year
2006-2007 Operating Budget, Capital
Improvement Plan for Fiscal Years
2006/07 – 2010/11, carry-forward
appropriations, and other approved
adjustments and minor corrections.
RESOLUTION 2006- 080 (17-9)
RESOLUTION 2006-8RD
Mr. Davis
Commented regarding the lack of
sidewalks along Blossom Hill Road.
Questioned when the project would be
scheduled and the timeframe for
completion.
Town Council Minutes June 19, 2006
Redevelopment Agency Los Gatos, California
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Mr. Rohani commented that design for the
sidewalk project on Blossom Hill Road is
scheduled for Fall 2006 and should be completed
by Spring 2007.
Motion by Mr. Glickman to approve Consent Item
#17.
Seconded by Mr. Pirzynski.
7:43 PM MAYOR CALLED THE
QUESTION
Carried unanimously.
7:45 PM PUBLIC HEARINGS
ITEM #20
Continued
107 COLORADO COURT
OPEN PUBLIC HEARING
PUBLIC HEARINGS
ITEM #20
Continued
107 COLORADO COURT
PUBLIC HEARING
Mr. Fahmy, Applicant/Appellant
Commented that the Hillside Standards
and Guidelines should not apply to this
project.
Commented on the lack of direction from
the Development Review Committee and
the Planning Commission.
Council Comment
Commented that the Hillside Standards
and Guidelines apply town wide and not
just to his home.
Clarification from the applicant as to why
the FAR and Height for the proposed
home both exceed the Hillside Standards
and Guidelines.
Clarification on the language in the
Hillside Standards and Guidelines relating
to allowance for exceptions.
Ms. Goldstein
Commented regarding the term “spot
zoning.”
Commented regarding the loss of 16 trees
located on the property.
Commented on the size of the proposed
home.
Commented that the applicant made no
efforts to work with the neighbors.
Supports the Planning Commission
decision, and would like to see the home
stay within the Town’s Hillside Standards
and Guidelines.
Mr. Davis
Commented on the size of the home and
the slope of the hillside.
Supports the Planning Commission
decision, and would like to see the home
stay within the Town’s Hillside Standards
Town Council Minutes June 19, 2006
Redevelopment Agency Los Gatos, California
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and Guidelines.
Ms. Davis
Commented that the applicant made no
effort to work with the neighbors.
Supports the Planning Commission
decision, and would like to see the home
stay within the Town’s Hillside Standards
and Guidelines.
Mr. Fahmy
Commented on the large homes in his
neighborhood.
Commented on his previous meeting with
the Planning Commission.
Asked for some consideration on the
variances for the proposed home.
8:16 PM CLOSED PUBLIC
HEARING
8:16 PM COUNCIL DISCUSSION Motion by Mr. Pirzynski to uphold the Planning
Commission’s decision to deny Architecture and
Site Application S-06-22.
Seconded by Mr. Glickman.
Commented that reverse spot zoning does
not apply and that the Hillside Standards
should apply in this case.
Commented that the request for exception
to the Hillside Standards was not justified.
Commented that the plans exceed so
many guidelines that they should start
over rather than sending it back to the
Planning Commission with direction
8:24 PM MAYOR CALLED THE
QUESTION
Carried unanimously.
8:25 PM ITEM #21
COUNCIL MATTERS
COUNCIL MATTERS
Continued
ITEM #21
Mr. Wasserman
Commented that KCAT will be airing the
Historic Documentary Los Gatos “Then
and Now.”
Mr. Pirzynski
Invited the community to attend the
Town’s annual 4th of July celebration being
held at the Civic Center.
Town Council Minutes June 19, 2006
Redevelopment Agency Los Gatos, California
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8:27 PM ITEM #22
MANAGER MATTERS
ITEM #22
None.
8:27 PM MEETING ADJOURNED
Submitted by: ATTEST:
Jackie Rose, Deputy Clerk MarLyn Rasmussen, Clerk Administrator