07 Minutes - Parking Authority Joint Redevelopment AgencyDRAFT TOWN 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
Council/Agency Meeting
Date: 02/06/2006
Item#' 7
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
Jack, Daisy and Will Fordyce, St. Mary's School, led the pledge of
ALLEGIANCE
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.
Town Council Minutes January 17, 2006
Redevelopment Agency Los Gatos, California
7:13 PM II CONSENT ITEMS I TOWN COUNCIL
2. Ratify payroll for the month of December, 2005. (2-V)
3. Ratify accounts payable for December, 2005. (3-V)
ITEM #1,9, and 10
WERE PULLED 4. Approve Council Study Session minutes of December 19, 2005.
AND HEARD (4-V)
AFTER OTHER
BUSINESS 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 Svstem II
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 Proiect 04-64 - Installation of eauinment
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.
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Town Council Minutes
Redevelopment Agency
. January 17, 2006
Los Gatos, California
CONSENT ITEMS
12. Mountain Laurel Lane (Tract No. 9505 - Shannon Valley Ranch)
#1-15
Easement Abandonment and Dedication. (13-25)
Continued
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 (Lots).
ITEM 41,9 and 10
d. Accept dedication of public service easement and trail easement
WERE PULLED
at 299 Mountain Laurel Lane (Lot 6).
AND HEARD
e. Accept dedication of public service and trail easement at the end
AFTER OTHER
of Mountain Laurel Lane (Lot 14).
BUSINESS
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
Carried unanimously.
THE QUESTION
7:15 PM
VERBAL
Mr. Davis
COMMUNICATION
• 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
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Town Council Minutes
Redevelopment Agency
January 17, 2006
Los Gatos, California
7:20 PM
PUBLIC
ITEM #16
HEARINGS
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
ITEM 416
Cruz Avenue. Property Owner: Santa Cruz Real, LLC.
Applicant/Appellant: Tacee Webb
APPEAL
AMERICAN
APPAREL
Staff report made by Bud Lortz.
7:28 PM
COUNCIL
• Asked for clarification on the number of existing formula
DISCUSSION
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
• Request for clarification on sales tax figures presented by
COMMENT
applicant/appellant
• Commented regarding variations in vacancy rates at
different times of year
• Commented regarding intensity of formula retail within two
A
block area south of Grays Lane
ll
• Questioned image of existing American Apparel stores
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Town Council Minutes
Redevelopment Agency
January 17, 2006
Los Gatos, California
7:55 PM
OPEN PUBLIC
Ms. Whitnee Baker
HEARING
• Commented in support of American Apparel business
practices and quality of clothing
ITEM 916
Mr. Lemons
Continued
• Commented on difficult business climate and competition
for leases.
• Commented against an increase in formula retail
Mr. Carl Kahler
AMERICAN
. Commented on difficulty of finding men's wear in Town
APPAREL
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
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Town Council Minutes
Redevelopment Agency
January 17, 2006
Los Gatos, California
ITEM 916
Mr. Gascon
Continued
•
Commented against American Apparel in Los Gatos
Ms. Maureen Baker
AMERICAN
•
Commented in support of American Apparel and what they
APPAREL
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
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Town Council Minutes
Redevelopment Agency
January 17, 2006
Los Gatos, California
ITEM #16
Tacee Webb, Applicant/Appellant
Continued
• Commented on Formula Retail Policy and Conditional Use
Permit process for exceptions
AMERICAN
• Commented on input from citizens as a statement of need
APPAREL
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
Motion by Mr. Pirzynski to uphold Planning Commission's decision and-
DISCUSSION
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
Carried 3-1-1, Mr. Glickman dissenting, Mr. Wasserman abstaining.
THE QUESTION
9:54 PM
MAYOR CALLED
Meeting resumed at 10:02 PM
FOR A RECESS
10:02 PM
PUBLIC
ITEM #17
HEARINGS
Consider a request to approve an amendment to an approved Planned
Development to allow an office building and seven apartments to be
ITEM #17
condominiums on property zoned CHYD. APN: 424-10-079. Planned
Development Application: PD-06-01. Property Location: 14880-14890
14880-14890
Los Gatos Boulevard. Property Owner/Applicant: Cupertino
LOS GATOS BLVD.
Development Corporation.
PUBLIC
HEARINGS
Staff report made by Bud Lortz.
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Town Council Minutes
Redevelopment Agency
January 17, 2006
Los Gatos, California
ITEM #17
(continued
14880-14890
LOS GATOS BLVD
8:45 PM
OPEN PUBLIC
Cupertino Development, represented by Roger Griffin of Paragon
HEARING
Design, Applicant
• Commented on soft commercial and apartment rental
market
ITEM #17
• Commented on demand for medical suite ownership
• Proposed conversion of seven apartments on site to condos
14880-14890
with no increase in building size or square footage
LOS GATOS BLVD.
. Homes available at affordable levels
• BMP unit to have applicability for teacher ownership
8:54 PM
COUNCIL
None
COMMENT
9:02 PM
PUBLIC HEARING
Mr. Miller
• Expressed appreciation for teacher housing benefit
10:10 PM
CLOSE PUBLIC
Direct Clerk Administrator to read the title of the ordinance
HEARING
10:10 PM
COUNCIL
Motion by Mr. Pirzynksi to waive the reading of the ordinance
DISCUSSION
Seconded by Mr. Glickman
9:25 PM
MAYOR CALLED
Carried Unanimously.
THE QUESTION
9:25 PM
Motion by Mr. Pirzynski to introduce ordinance
Second by Mr. Glickman
12:12 PM
MAYOR CALLED
Carried unanimously
THE QUESTION
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Town Council Minutes
Redevelopment Agency
January 17, 2006
Los Gatos, California
10:12 PM
PUBLIC
ITEM 918
HEARINGS
Consider protests concerning the reorganization of inhabited territory to
the Town of Los Gatos known as Arnerich Road No. 1
ITEM #18
Staff report made by John Curtis..
ARNERICH ROAD
NO. 1
10:15 PM
COUNCIL
• Clarification that all residents have petitioned for
COMMENT
annexation.
10:16 PM
OPEN PUBLIC
Mr. Kokinos
HEARING
• 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
• Requested clarification on process
DISCUSSION
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
ITEM #19
HEARINGS
Adopt resolution ordering abatement of hazardous vegetation (weeds).
RESOLUTION 2006-008
ITEM # 19
HAZARDOUS
Staff report made by John Curtis.
VEGETATION
(WEEDS)
10:29 PM
COUNCIL
• Questioned ability to modify deadline to allow for dryer soil
1
COMMENT
~
10:31 PM
OPEN/CLOSE
Mary Keith Osborn
PUBLIC HEARING
• Asked that her native grass garden be removed from the
weed abatement list
10:35 PM
COUNCIL
Motion by Mr. Glickman to adopt resolution. Seconded by Mr.
DISCUSSION
Wasserman
10::35 PM
MAYOR CALLED
Carried Unanimously.
THE QUESTION
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Town Council Minutes
Redevelopment Agency
January 17, 2006
Los Gatos, California
9:36 PM
OTHER BUSINESS
ITEM# 20
Informational report on West Valley Solid Waste Management Authority
ITEM #20
Board process for collection contract procurement.
WEST VALLEY
SOLID WASTE
MANAGEMENT
Staff report made by Regina Falkner
10:38 PM
COUNCIL
• 15 year contract for use of same landfill
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
ITEM # 1
#1-15
Accept Staff recommendations on County Referrals. (1-37)
Continued
a. Projects outside Urban Service Area: None.
b. Projects inside Urban Service Area: 14924 Diduca Way.
PULLED ITEM # 1
c. Status of previous applications: None.
10:42 PM
COUNCIL
Motion by Mr. Glickman to approve Consent Item 41
DISCUSSION
Seconded by Ms. Spector
10:42 PM
MAYOR CALLED
Carried unanimously.
THE QUESTION
10:43 PM
CONSENT ITEMS
ITEM #9
#1-15
Adopt resolution denying an appeal of the Planning Commission
Continued
decision approving a second story addition on property zoned R-1:8.
APN: 529-15-097. 16750 Farley Road. Architectural & Site
Application: 5-05-063. Property owner: Glen and Melissa Wagner.
PULLED ITEM # 9
Applicant: David Britt. Appellant: William R. Shellooe. (9-15)
RESOLUTION 2006-003
10:43 PM
COUNCIL
Motion by Mr. Glickman to approve Consent Item #9
DISCUSSION
Seconded by Mr. Wasserman
10:43 PM
MAYOR CALLED
Carried unanimously.
THE QUESTION
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Town Council Minutes
Redevelopment Agency
January 17, 2006
Los Gatos, California
10:43 PM
CONSENT ITEMS
ITEM # 10
#1-15
Shady Lane (10-15)
Continued
a. Adopt resolution approving a request for approval of a
zone change from HR-2 1/2 to HR-2 1/2 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:
PULLED ITEM # 10
Terminus of Shady Lane, File# PD-04-31 EIR-04-1.
Property owner: Highlands of Los Gatos, LLC. Applicant:
Sandy Harris.
RESOLUTION 2006-004
b. Adopt ordinance amending the Town Code effecting a
zone change from HR-2 1/2 to HR-2 1/2 PD for property
located at the Terminus of Shady Lane (APNs 527-12-
001, 527-09-001 & 004). ORDINANCE 2147
10:43 PM
COUNCIL
• Commented on change in school district from San Jose
DISCUSSION
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
Mr. Harris
COMMENT
• 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
• Commented on difficulty of modifying Blossom Hill Road
DISCUSSION
Motion by Mr. Glickman to approve Consent Item #10a and 10b
Seconded by Mr. Pirzynski
10:58 PM
MAYOR CALLED
Motion carried 4-1, Ms Spector, dissenting.
THE QUESTION
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Town Council Minutes
Redevelopment Agency
January 17, 2006
Los Gatos, California
11:06 PM
ITEM 421
ITEM #21
Request for Study Session
COUNCIL
• Request of staff for a study session to address issues
MATTERS
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
• 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
ITEM #22
None.
MANAGER
MATTERS
11:17 PM
MEETING
ADJOURNED
Submitted by:
Bobbi Fries, Deputy Clerk
Attest:
MarLyn J. Rasmussen, Clerk Administrator
Secretary to the Redevelopment Agency
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