M08-21-06MINUTES OF THE TOWN COUNCIL/PARKING
AUTHORITY/REDEVELOPMENT AGENCY
AUGUST 21, 2006
The City Council of the Town of Los Gatos conducted a Regular Meeting on
Monday, August 21, 2006 at 7:00 PM
MEETING CALLED TO ORDER
ROLL CALL
Present: Council Member Steve Glickman, Vice Mayor Joe Pirzynski, Council
Member Barbara Spector, Council Member Mike Wasserman, and Mayor Diane
McNutt.
Absent: None.
PLEDGE OF ALLEGIANCE
Kelsey Krandle, Blossom Hill Elementary School led the Pledge of allegiance.
The audience was invited to participate.
CLOSED SESSION REPORT
CONFERENCE WITH LABOR NEGOTIATOR
(Government Code Section 54957.6)
Town Negotiator (Lead): Rumi Portillo, Human Resources Director
Employee Organization: Town Employees Association (TEA)
Orry Korb, Town Attorney, stated that direction was given and no action was
taken.
CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
(Government Code Section 54956.9[b])
Threat of Closure of Olde Drive
Orry Korb, Town Attorney, stated that direction was given and no action was
taken.
CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
(Government Code Section 54956.9[b])
Threat of Closure of Olde Drive
Orry Korb, Town Attorney, stated that direction was given and no action was
taken.
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MAIN STREET PRESENTATION
Mayor Diane McNutt
Thanked Joseph J. Albanese Construction, Los Gatos-Monte Sereno VIP
ambassadors, and staff for the great job during the Main Street
Resurfacing project.
PRESENTATIONS
Mayor Diane McNutt
Presented a commendation to Marc Jensen, Transportation & Parking
Commissioner for his outstanding volunteer service to the Town of Los
Gatos.
Council Member Mike Wasserman
Presented Mike Loya and The Venue, with the Community/Business
Recognition for all the wonderful contributions he has made to the
community and to youth through the Venue (A Place for Teens).
Mr. Loya thanked the Council and community for all their support.
Council Member Steve Glickman thanked Mr. Loya for all the time
services he has dedicated to The Venue.
Status Report on Town-to-Town Katrina Consortium Proclamation
Mayor Diane McNutt
Presented a proclamation regarding the City of Pascagoula, the Town’s
adopted city, and proclaimed August 27, 2006 as “Pascagoula Day."
Mr. Henderson, Los Gatos-Katrina Consortium gave an update on the
Consortium, Town and community support and volunteer work relating to
helping Pascagoula. He commented on Pascagoula’s progress since
Hurricane Katrina.
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TOWN COUNCIL
CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION)
1. Ratify payroll for the months of June and July 2006
2. Ratify accounts payable for the months of:
a. June, 2006
b.July, 2006
3. Approve upgrades to Community Development Department Permit
Tracking System
a. Authorize the Town Manager to enter into agreements with Accela,
Inc. and Attevo, Inc. to upgrade the Community Development
Departments Permit Tracking System
b. Authorize current year budget adjustment for the Accela automation
upgrade of $294, 297.00, including a 10% contingency
4. Appoint Diane McNutt, Mayor, as the primary voting delegate and
Debra Figone, Town Manager and Jenny Haruyama, Administrative
Programs manager as alternate voting delegates for the League of
California Cities Annual Conference scheduled for September 6-9,
2006 in San Diego, California (continued from 8/7/06)
5. Adopt resolution establishing the Fiscal year 2006/07 Gann
Appropriation limit for the Town of Los Gatos.
RESOLUTION 2006-091
6. Adopt resolution upholding 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 (continued from 2/6,
2/21, and 3/6/06)
7. Adopt resolution granting in part and denying in part a request to
modify a conditional use permit to increase the seating, allow
special events, and wine bar with retail wine sale on property zoned
C-2. Conditional Use Permit U-06-20 APN 529-03-035. Property
location: 42 Elm Street. Property owner: Michael Cobler. Applicant:
Belghis and Farhad Proushani
RESOLUTION 2006-092
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Consent Items (Continued)
8. PPW Job No. 03-40 Various Trails, Pathways, and Parks Asphalt
Surface Improvements
Adopt resolution to reject bids for the various trails, pathways, and
parks asphalt surfaces improvements.
RESOLUTION 2006-093
9. Project 04-64 Installation of Equipment for the Civic Center
Chiller/Cooling Tower Replacement Adopt resolution accepting work
of Therma Corporation and authorizing the Town Manager to execute
a Certificate of Acceptance and Notice of Completion for recording by
the Clerk Administrator.
RESOLUTION 2006-094
10. Knowles Drive Railroad Crossing Improvement
a. Amend Capital Improvement Program Budget to advance PPW Job
No. 06-15, Knowles Drive Railroad Crossing Improvement Project
from the Planned project timeline of Fiscal Year 2009/10 to the current
Fiscal Year 2006/07
b. Authorize budget revenue adjustment of $22,700 received from
community donations to the Knowles Drive Railroad Crossing
Improvement Project
c. Authorize budget expenditure adjustment of $22,700 for the Knowles
Drive Railroad Crossing Improvement Project
REDEVELOPMENT AGENCY
11. Ratify accounts payable for the months of:
a. June, 2006
b. July, 2006
Item #6 and Item #12 were pulled and will be heard after Other Business.
Orry Korb, Town Attorney, stated Item # 6 has no action tonight. This Item will
continue in Closed Session and return to Council at a future date
MOTION: Motion by Council Member Steve Glickman to approve Consent
Items #1-5, and Items #7-11. Seconded by Vice Mayor Joe
Pirzynski.
VOTE: Motion passed unanimously.
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VERBAL COMMUNICATIONS
Mr. Davis
Commented on the time frame for construction of sidewalks along
Blossom Hill Road.
Commented regarding the 13 acres at Vasona Park which the Town
currently owns.
PUBLIC HEARINGS
13. Consider an appeal of a Planning Commission decision regarding
modifications or revocation of Conditional Use Permit U-94-44
(Goguen?s Last Call) for the operation of a bar on property zoned C-
2. APN 529-07-046. Property location: 408 N. Santa Cruz Avenue.
Property owner: Los Gatos Shopping Center, LLC. Appellant: Cynthia
Goguen
Staff report made by Bud Lortz, Director of community Development. Mayor
Diane McNutt opened the public hearing.
Mayor Diane McNutt commented on request to continue the public hearing until
September 5, 2006.
Mr. Korb stated that the request to continue was made by the appellant.
Mr. Davis
Commented on supporting the Planning Commission’s decision.
Commented on the land use issues relating to drinking establishments.
Mayor Diane McNutt closed the public hearing.
MOTION: Motion by Council Member Barbara Spector to continue the
public hearing regarding 408 N. Santa Cruz Avenue. Property
owner: Los Gatos Shopping Center, LLC. Appellant: Cynthia
Goguen until the September 5, 2006 Town Council
Meeting. Seconded by Council Member Steve Glickman.
VOTE:Motion passed unanimously.
OTHER BUSINESS
None this evening.
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CONSENT ITEMS (Continued)
6. Adopt resolution upholding 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 (continued from 2/6,
2/21, and 3/6/06)
Staff report made by Orry Korb, Town Attorney. Mr. Korb stated Item # 6 has no
action to be taken tonight. Item #6 will be continued in closed session and will
return to Council at a future date.
Mr. Davis
Commented regarding “Due Process” related to the American Apparel
resolution.
Questioned when public information would be available regarding
American Apparel.
TOWN COUNCIL/REDEVELOPMENT AGENCY
12. Approve Council/Agency minutes of August 7, 2006
Mr. Davis
Commented regarding the change in the format of the minutes.
Mr. Korb stated that the matter regarding American Apparel will continue in
Closed Session until further notice.
MOTION: Motion by Council Member Steve Glickman to approve
Council/Agency minutes of August 7, 2006. Seconded by Council
Member Mike Wasserman.
VOTE:Motion passed unanimously.
COUNCIL/TOWN MANAGER REPORTS
14. Council Matters None this evening
15. Manager Matters None this evening
ADJOURNMENT