M01-17-06.DRAFTTOWN OF LOS GATOS
CALIFORNIA
TOWN COUNCIL/PARKING AUTHORITY
JOINT REDEVELOPMENT AGENCY
January 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, January 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
ALLEGIANCE
Jack, Daisy and Will Fordyce, St. Mary’s School, led the pledge of
allegiance. The audience was invited to participate.
7:02 PM CLOSED SESSION PUBLIC EMPLOYEE PERFORMANCE EVALUATION
(Government Code Section 54957)
Title: Town Manager
Mr. Korb stated that direction was given and no action was taken.
7:03 PM MEMORIAL Presented by Ms. Spector, remembering Joan Schreiner, former Town
Treasurer, author, and active community member.
7:06 PM COMMENDATIONS Commendations
Arts Commission – Elke Groves, Teri Hope, Marcia Tjader.
Art Selection Panel – Carrie Brunner.
Building Board of Appeals – Edward Meserve.
Community Services – Barry Bakken, Kimberly Smith
(Student).
General Plan – Mark Sgarlato.
Planning Commission – Michael Burke.
Mayor McNutt presented commendations to these commissioners for
volunteering their time to the community.
7:13 PM CONSENT ITEMS TOWN COUNCIL
Town Council Minutes January 17, 2006
Redevelopment Agency Los Gatos, California
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#1-15
ITEM #1,9, and 10
WERE PULLED
AND HEARD
AFTER OTHER
BUSINESS
CONSENT ITEMS
2. Ratify payroll for the month of December, 2005. (2-V)
3. Ratify accounts payable for December, 2005. (3-V)
4. Approve Council Study Session minutes of December 19, 2005.
(4-V)
5. Accept donation of up to two drinking fountains from the Rotary
Club of Los Gatos for placement in two Los Gatos parks. (5-33)
6. Proposed Financial/Human Resources Software Information System
Upgrade (6-42)
a. Authorize Town Manager to negotiate and enter into an
agreement with Sungard Pentamation to upgrade the Town’s
Financial/Human Resources Software Information System.
b. Authorize budget adjustment for the Sungard Pentamation
upgrade project in the amount of $400,000 from available set
aside funds in the Town’s Management Information System
(MIS) Services Fund.
7. Adopt a resolution authorizing Disadvantaged Business Enterprise
(DBE) participation for use on Department of Transportation funded
projects for Fiscal Year 2005-06. (7-23)
RESOLUTION 2006- 001
8. Adopt resolution authorizing the Town Manager to sign the second
amendment to the agreement providing for implementation of the
Santa Clara Valley Urban Runoff Pollution Prevention Program
(SCVURPPP). (8-40) RESOLUTION 2006-002
11. Award of Contract for Project 04—64 – Installation of equipment for
the Chiller/cooling Tower Replacement Improvements. (11-15)
a. Adopt resolution declaring Therma Corporation to be the lowest
responsible bidder on the project and awarding a construction
contract in the amount of $311,123.00. RESOLUTION 2006-
005
b. Authorize staff to issue change orders to the construction
contract up to an amount of $30,000.
c. Authorize budget adjustment in the amount of $152,647 from
Building Maintenance Fund Balance 695-36000 to account
6695-84553.
12. Mountain Laurel Lane (Tract No. 9505 – Shannon Valley Ranch) –
Town Council Minutes January 17, 2006
Redevelopment Agency Los Gatos, California
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#1-15
Continued
ITEM #1,9 and 10
WERE PULLED
AND HEARD
AFTER OTHER
BUSINESS
Easement Abandonment and Dedication. (13-25)
a. Adopt resolution ordering the summary vacation of a portion of
excess public service easement and trail easement at 290
Mountain Laurel Lane (Lot ).
RESOLUTION 2006- 006
b. Accept dedication of public service and trail easement at 290
Mountain Laurel Lane (Lot 5).
c. Accept dedication of trail easement at 290 Mountain Laurel Lane
(Lot5).
d. Accept dedication of public service easement and trail easement
at 299 Mountain Laurel Lane (Lot 6).
e. Accept dedication of public service and trail easement at the end
of Mountain Laurel Lane (Lot 14).
f. Adopt resolution granting an easement to include a gas line in
the existing private water line easement in parcel C of Tract No.
9505. RESOLUTION 2006-007
REDEVELOPMENT AGENCY
13. Ratify accounts payable for December, 2005. (13-V)
TOWN COUNCIL/REDEVELOPMENT AGENCY
14. Approve Council/Agency minutes of December 19, 2005. (14-V)
15. Accept the 2004/05 Comprehensive Financial Report (CAFR) and
Management Letter. (15-9)
Motion by Mr. Glickman to approve Consent Items #2-8, and #11-15.
Seconded by Mr. Wasserman
7:14 PM MAYOR CALLED
THE QUESTION
Carried unanimously.
7:15 PM VERBAL
COMMUNICATION
Mr. Davis
Complimented his barber
Commented on the lack of sidewalk on Blossom Hill Road
Marian Cosgrove
Commented regarding FPPC Form 700
Commented regarding gift she is returning
7:19 PM CLOSED VERBAL
COMMUNICATION
7:20 PM PUBLIC HEARINGS ITEM #16
Town Council Minutes January 17, 2006
Redevelopment Agency Los Gatos, California
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ITEM #16
APPEAL
AMERICAN
APPAREL
Consider an appeal of Planning Commission decision denying a formula
retail store (American Apparel) on property zoned C-2. Conditional Use
Permit U-06-006. APN: 510-44-034. Property Location: 25 N. Santa Cruz
Avenue. Property Owner: Santa Cruz Real, LLC. Applicant/Appellant:
Tacee Webb
Staff report made by Bud Lortz.
7:28 PM COUNCIL
DISCUSSION
Asked for clarification on the number of existing formula
stores that have gone through the approval process
7:30 PM PUBLIC HEARING Tacee Webb, Applicant/Appellant
American Apparel is a diverse retailer
Enables local citizens to purchase American-made,
sweatshop-free clothing
Environmentally responsible company
High quality products, employment opportunities, wide
variety of goods and services
Contributes revenues from sales tax; increases sales tax
from neighboring stores
Increase diversity of shopping
Supports local community events and arts
Has proactive recycling programs and sustainable harvested
cotton products
Is a destination retailer
Will adapt look and feel of store to be in keeping with the
look and feel of Town
7:42 PM COUNCIL
COMMENT
Request for clarification on sales tax figures presented by
applicant/appellant
Commented regarding variations in vacancy rates at different
times of year
Commented regarding intensity of formula retail within two
block area south of Grays Lane
Questioned image of existing American Apparel stores
7:55 PM OPEN PUBLIC Ms. Whitnee Baker
Town Council Minutes January 17, 2006
Redevelopment Agency Los Gatos, California
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HEARING
ITEM #16
Continued
AMERICAN
APPAREL
ITEM #16
Commented in support of American Apparel business
practices and quality of clothing
Mr. Lemons
Commented on difficult business climate and competition for
leases.
Commented against an increase in formula retail
Mr. Carl Kahler
Commented on difficulty of finding men’s wear in Town and
in support of American Apparel
Mr. Farhadi
Commented against American Apparel
Commented on the responsibility of Council to preserve
downtown for young people
Commented that formula retail stores are for increased
capital to corporations and not for the community
Ms. Yuki
Commented on the approval of Talbot’s in Old Town
Commented on the concentration of formula stores in Old
Town
Commented that American Apparel would provide more
variety for youth
Mr. Giovannotto, owner of 25 N. Santa Cruz Avenue
Commented on size of space, length of time of vacancy, lack
of interest for occupancy other than from restaurant
Mr. Pacheco
Commented on changes in the last 25 years when he was on
the Planning Commission considering approval of a fast food
restaurant chain
Commented against an increase in formula retail and on need
for balance of retail that serves the public
Mr. Caras
Commented on supporting American Apparel as adding to
diversity and the downtown experience
Commented on the lack of certain types of merchandise that
are not available in Los Gatos
Mr. C.T. Harris
Commented against American Apparel and that there are
enough formula stores in downtown
Mr. Gordon Kahler
Commented in support of American Apparel as a store for
the youth of Los Gatos
Mr. Daniel Harris
Commented against American Apparel in the downtown
Mr. Gascon
Town Council Minutes January 17, 2006
Redevelopment Agency Los Gatos, California
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Continued
AMERICAN
APPAREL
ITEM #16
Commented against American Apparel in Los Gatos
Ms. Maureen Baker
Commented in support of American Apparel and what they
say they will do in Los Gatos
Mr. Dawson
Commented in support of American Apparel as every store is
unique and in keeping with the community standards
Commented on manufacturing processes of other formula
retail stores in Town
Mr. Brasier
Commented on the affordability of American Apparel and
that the best location is in the downtown
Mr. Klopp
Commented that he would carry American Apparel goods if
the retailer cannot open in Los Gatos
Ms. Judith Kemp
Commented in support of American Apparel
Ms. Hope
Commented against American Apparel in the downtown
Ms. Mellema
Commented in support of American Apparel to provide
affordable clothing for youth
Mr. Arzie
Commented in support of upholding the Planning
Commission decision
Mr. McCandless
Commented on the difficulty of local businesses being
sustainable
Commented in support of American Apparel with a focus on
the mix of tenants rather than size of tenants
Mr. Smart
Commented on availability of studies to support concern
about the increase in formula retail stores in downtown
Mr. Davis
Commented on the positive appearance and presentation of
the youth who presented.
Commented against an increase in formula retail
Ms. Jacqui Kemp
Commented on the difficulty she has encountered in working
with the Town in creating events for teens due the
Conditional Use Permit process and that another approach
may work better
Tacee Webb, Applicant/Appellant
Town Council Minutes January 17, 2006
Redevelopment Agency Los Gatos, California
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Continued
AMERICAN
APPAREL
Commented on Formula Retail Policy and Conditional Use
Permit process for exceptions
Commented on input from citizens as a statement of need for
this store
Commented on a need for a policy change to distinguish
among sizes and business models of formula stores
Commented on store in Tempe, Arizona and relationship
with landlord and community
9:08 PM CLOSE PUBLIC
HEARING
9:08 PM COUNCIL
DISCUSSION
Motion by Mr. Pirzynski to uphold Planning Commission’s decision and
deny approval on CUP U-06-006
Seconded by Ms. Spector
Expressed appreciation of the presentations made by the
youth and reconfirmed support for the youth of the
community
Commented on competition for commercial rental leases
Commented on language of General Plan regarding diversity
of goods and services
Commented on density concentration of formula stores in
different areas of downtown
Commented on policy decisions based on specific locations
and density concentration of formula stores
9:53 PM MAYOR CALLED
THE QUESTION
Carried 3-1-1, Mr. Glickman dissenting, Mr. Wasserman abstaining.
9:54 PM MAYOR CALLED
FOR A RECESS
Meeting resumed at 10:02 PM
10:02 PM PUBLIC HEARINGS
ITEM #17
14880-14890
LOS GATOS BLVD.
PUBLIC HEARINGS
ITEM #17
(continued
14880-14890
ITEM #17
Consider a request to approve an amendment to an approved Planned
Development to allow an office building and seven apartments to be
condominiums on property zoned CH:PD. APN: 424-10-079. Planned
Development Application: PD-06-01. Property Location: 14880-14890
Los Gatos Boulevard. Property Owner/Applicant: Cupertino Development
Corporation.
Staff report made by Bud Lortz.
Town Council Minutes January 17, 2006
Redevelopment Agency Los Gatos, California
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LOS GATOS BLVD
8:45 PM OPEN PUBLIC
HEARING
ITEM #17
14880-14890
LOS GATOS BLVD.
Cupertino Development, represented by Roger Griffin of Paragon
Design, Applicant
Commented on soft commercial and apartment rental market
Commented on demand for medical suite ownership
Proposed conversion of seven apartments on site to condos
with no increase in building size or square footage
Homes available at affordable levels
BMP unit to have applicability for teacher ownership
8:54 PM COUNCIL
COMMENT
None
9:02 PM PUBLIC HEARING Mr. Miller
Expressed appreciation for teacher housing benefit
10:10 PM CLOSE PUBLIC
HEARING
Direct Clerk Administrator to read the title of the ordinance
10:10 PM COUNCIL
DISCUSSION
Motion by Mr. Pirzynksi to waive the reading of the ordinance
Seconded by Mr. Glickman
9:25 PM MAYOR CALLED
THE QUESTION
Carried Unanimously.
9:25 PM Motion by Mr. Pirzynski to introduce ordinance
Second by Mr. Glickman
12:12 PM MAYOR CALLED
THE QUESTION
Carried unanimously
10:12 PM PUBLIC HEARINGS
ITEM #18
ARNERICH ROAD
NO. 1
ITEM #18
Consider protests concerning the reorganization of inhabited territory to the
Town of Los Gatos known as Arnerich Road No. 1
Staff report made by John Curtis.
Town Council Minutes January 17, 2006
Redevelopment Agency Los Gatos, California
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10:15 PM COUNCIL
COMMENT
Clarification that all residents have petitioned for annexation.
10:16 PM OPEN PUBLIC
HEARING
Mr. Kokinos
Commented on concerns about the impact of the annexation
on his property outside the annexation area.
Mr. Barth
Commented on value of being part of Los Gatos
10:23 PM CLOSE PUBLIC
HEARING
10:23 PM COUNCIL
DISCUSSION
Requested clarification on process
Clarified that this meeting was to consider protests, verbal
and written and that there would be no action tonight
Resolution will be presented at February 6, 2006 Council
meeting
10:26 PM PUBLIC HEARINGS
ITEM # 19
HAZARDOUS
VEGETATION
(WEEDS)
ITEM #19
Adopt resolution ordering abatement of hazardous vegetation (weeds).
RESOLUTION 2006-008
Staff report made by John Curtis.
10:29 PM COUNCIL
COMMENT
Questioned ability to modify deadline to allow for dryer soil
10:31 PM OPEN/CLOSE
PUBLIC HEARING
Mary Keith Osborn
Asked that her native grass garden be removed from the
weed abatement list
10:35 PM COUNCIL
DISCUSSION
Motion by Mr. Glickman to adopt resolution. Seconded by Mr.
Wasserman
10::35 PM MAYOR CALLED
THE QUESTION
Carried Unanimously.
9:36 PM OTHER BUSINESS
ITEM #20
WEST VALLEY
SOLID WASTE
MANAGEMENT
ITEM# 20
Informational report on West Valley Solid Waste Management Authority
Board process for collection contract procurement.
Staff report made by Regina Falkner
10:38 PM COUNCIL 15 year contract for use of same landfill
Town Council Minutes January 17, 2006
Redevelopment Agency Los Gatos, California
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DISCUSSION Green Valley is not in competition for non-response to some
detail questions.
Request of Council to review for input to JPA
Recycled items will no longer need to be separated
10:42 PM CONSENT ITEMS
#1-15
Continued
PULLED ITEM # 1
ITEM # 1
Accept Staff recommendations on County Referrals. (1-37)
a. Projects outside Urban Service Area: None.
b. Projects inside Urban Service Area: 14924 Diduca Way.
c. Status of previous applications: None.
10:42 PM COUNCIL
DISCUSSION
Motion by Mr. Glickman to approve Consent Item #1
Seconded by Ms. Spector
10:42 PM MAYOR CALLED
THE QUESTION
Carried unanimously.
10:43 PM CONSENT ITEMS
#1-15
Continued
PULLED ITEM # 9
ITEM #9
Adopt resolution denying an appeal of the Planning Commission
decision approving a second story addition on property zoned R-1:8.
APN: 529-15-097. 16750 Farley Road. Architectural & Site
Application: S-05-063. Property owner: Glen and Melissa Wagner.
Applicant: David Britt. Appellant: William R. Shellooe. (9-15)
RESOLUTION 2006-003
10:43 PM COUNCIL
DISCUSSION
Motion by Mr. Glickman to approve Consent Item #9
Seconded by Mr. Wasserman
10:43 PM MAYOR CALLED
THE QUESTION
Carried unanimously.
10:43 PM CONSENT ITEMS
#1-15
Continued
PULLED ITEM # 10
ITEM # 10
Shady Lane (10-15)
a. Adopt resolution approving a request for approval of a
zone change from HR-2 ½ to HR-2 ½ PD to subdivide
66.2 acres into 19 lots. This project may have a significant
impact on the environment and an Environmental Impact
Report (EIR) has been prepared. Property location:
Terminus of Shady Lane, File# PD-04-31 EIR-04-1.
Property owner: Highlands of Los Gatos, LLC. Applicant:
Sandy Harris.
RESOLUTION 2006-004
Town Council Minutes January 17, 2006
Redevelopment Agency Los Gatos, California
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b. Adopt ordinance amending the Town Code effecting a
zone change from HR-2 ½ to HR-2 ½ PD for property
located at the Terminus of Shady Lane (APNs 527-12-
001, 527-09-001 & 004). ORDINANCE 2147
10:43 PM COUNCIL
DISCUSSION
Commented on change in school district from San Jose
Union to Los Gatos to eliminate the need for children to
cross Blossom Hill Road
Commented that the issue of school district has no bearing
on approval of project
10:57 PM PUBLIC COMMENT Mr. Harris
Has submitted an application with the County School Board
to be redistricted into Los Gatos School District
Commented that the decision rests solely with County
School Board, and Board seems receptive to request
Expects decision to be made by March 1. Will appeal to the
State if necessary
Noted that responsibility for Blossom Hill Road is shared
with San Jose
10:58 PM COUNCIL
DISCUSSION
Commented on difficulty of modifying Blossom Hill Road
Motion by Mr. Glickman to approve Consent Item #10a and 10b
Seconded by Mr. Pirzynski
10:58 PM MAYOR CALLED
THE QUESTION
Motion carried 4-1, Ms Spector dissenting.
11:06 PM ITEM #21
COUNCIL
MATTERS
ITEM #21
Request for Study Session
Request of staff for a study session to address issues
regarding formula retail that were raised earlier in tonight’s
meeting
Request for study session to include discussion on
commercial rent control
Commented on the need for public input
Commented on need to address intensity of formula retail
in the downtown area
Commented on need for conversation not tied to a specific
application
Town Council Minutes January 17, 2006
Redevelopment Agency Los Gatos, California
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Commented on limiting scope of study session
Study Session set for February 21
Request for Town Attorney to present legal framework
11:17 PM ITEM #22
MANAGER
MATTERS
ITEM #22
None.
11:17 PM MEETING
ADJOURNED
Submitted by: Attest:
Bobbi Fries, Deputy Clerk MarLyn J. Rasmussen, Clerk Administrator
Secretary to the Redevelopment Agency