08 Staff Report - Parking Authority/Redevelopment Agency MinutesDRAFT Council/Agency Meeting 05/5/08
Item # 3
MINUTES OF THE TOWN COUNCIL/PARKING
AUTHORITY/REDEVELOPMENT AGENCY
APRIL 21, 2008
The Town Council of the Town of Los Gatos conducted a Regular Meeting on
Monday, April 21, 2008 at 7:00 P.M.
TOWN COUNCIL/PARKING AUTHORITY/REDEVELOPMENT AGENCY
MEETING CALLED TO ORDER
ROLL CALL
Present: Mayor Barbara Spector, Vice Mayor Mike Wasserman, Council
Member Steve Glickman, Council Member Diane McNutt, and Council Member
Joe Pirzynski.
Absent: None.
PLEDGE OF ALLEGIANCE - LED BY FUTURE LEADER
Jackson Denney 8th grade student from Hillbrook School led the Pledge of
Allegiance. The audience was invited to participate.
CLOSED SESSION REPORT
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Government Code Section 54956.9fa1)
Briski v. Town of Los Gatos
Mr. Korb, Town Attorney stated that direction was given and no action was
taken.
CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
(Government Code Section 54956.9[bl) (One Case)
Santa Clara County Property Tax Administration Claim
Mr. Korb, Town Attorney
• Stated that Council voted unanimously to file a claim with the County of
Santa Clara concerning the administrative Property Tax Collection fees
collected by the County in Fiscal Year 2006/07.
TOWN COUNCIL
CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION)
1. Ratify payroll for the month of March 2008.
2. Ratify accounts payable for March, 2008.
3. Storm Water Management Budget Approve the FY 2008109 Storm
Water Management Budget and authorize the West Valley Sanitation
District to collect program related fees on behalf of the Town.
4. Adopt resolution authorizing the Town Manager to accept a donation
from the Los Gatos Police Foundation in the amount of $9,800 for
a compact radio transmitter and receiver, an undercover laptop
computer and software. RESOLUTION 2008-032
5. PPW Job No. A08-010 - Equipment Purchase
a. Adopt resolution authorizing the Town Manager to execute an
agreement with O.C. McDonald Company, Inc. for the removal and
replacement purchase of a boiler for the Civic Center in the amount of
$47,800 in account 633-83901. RESOLUTION 2008-033
b. Authorize a budget adjustment in the amount of $15,500 for the
removal and replacement of the boiler from the Manager's
Productivity and Contingency Fund.
c. Authorize a transfer of $15;500 from the Manager's Productivity and
Contingency Fund to Account 633-83901.
6. PPW Job No. 08-07 Bachman Park Irrigation Project (421-831-3101)
Adopt resolution accepting work of B&B Landscape Contractors and
authorizing the Town Manager to execute Certificate of Acceptance
and Notice of Completion for recording by the Clerk Administrator.
RESOLUTION 2008034
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Consent Items - Continued
7. PPW Job No. 06-08A - Retaining Wall Construction Along Los Gatos
Creek Trail Project 411-815-0301. RESOLUTION 2008-035
a. Adopt resolution declaring Casey Construction to be the lowest
responsible bidder on the project and award a construction contract
in the amount of $51,950.
b. Authorize staff to execute future change orders to the construction
contract as necessary up to an amount of $5,000.
c. Authorize a budget adjustment in the amount of $11,950 for the
retaining wall construction along Los Gatos Creek Trail Project 411-
815-0301.
d. Authorize transfer of $11,950 from Project 411-815-9930 retaining wall
repair and replacement project to Project 411-815-0301.
8. Landscape and Lighting Assessment Districts No. 1 & 2
a. Adopt resolution preliminarily approving the Engineer's report for
Fiscal Year 2008-09. RESOLUTION 2008-036
b. Adopt resolution of intention to order the levy and collection of
assessments for Landscape and Lighting No. 1- Blackwell Drive
Benefit Zone. RESOLUTION 2008-037
c. Adopt resolution of intention to order the levy and collection of
assessments for Landscape and Lighting District No. 1- Kennedy
Meadows Benefit Zone. RESOLUTION 2008-038
d. Adopt resolution of intention to order the levy and collection of
assessments for Landscape and Lighting District No. 1- Santa Rosa
Heights Benefit Zone. RESOLUTION 2008-039
e. Adopt resolution of intention to order the levy and collection of
assessments for Landscape and Lighting District No. 1- Vasona
Heights Benefit Zone. RESOLUTION 2008-040
f. Adopt resolution of intention to order the levy and collection of
assessments for Landscape and Lighting District No. 1- Hillbrook
Drive Benefit Zone. RESOLUTION 2008-041
g. Adopt resolution of intention to order the levy and collection of
assessments for Landscape and Lighting District No. 2- Gemini Court
Benefit Zone. RESOLUTION 2008-042
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Consent Items - Continued
9. PPW Job No. A08-014 - Plaza Fountain Filtration System Upgrade
Project Adopt resolution authorizing the Town Manager to execute a
professional services agreement with CMS Collaborative to provide
design services for a filtration system in an amount not to exceed
$34,500.00 funded from the Manager's Contingency Fund.
RESOLUTION 2008-043
10. PPW Job No. 06-09- FY 2006-07 CDBG Funded ADA Improvement
Project 421-821-2601 Adopt resolution accepting work of Santa Clara
Valley Corporation and authorizing the Town Manager to execute
certificate of acceptance and notice of completion for recording by
the Clerk Administrator. RESOLUTION 2008-044
11. Adopt resolution making determinations and approving the
reorganization of territory designated Topping Way No. 5 containing
approximately .66 acres located at 16538 Topping Way (APN: 532-09-
027) File #AN08-01. RESOLUTION 2008-045
REDEVELOPMENT AGENCY
12. Ratify accounts payable for March, 2008.
TOWN COUNCIUREDEVELOPMENT AGENCY
13. Approve Council/Agency minutes of April 7, 2008.
Mr. Davis pulled Consent Items #9 and #13.
Mayor Barbara Spector stated that the Consent Items would be heard after
Other Business.
MOTION: Motion by Vice Mayor Mike Wasserman to approve
Consent Items #1-8 and #10-12.
Seconded by Council Member Steve Glickman.
VOTE: Motion passed unanimously.
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VERBAL COMMUNICATIONS
Mr. Viale
• Commented about the parking problem on Alpine Avenue.
• Commented that the parking situation creates a public safety issue.
Mr. Larson, Town Manager
• Stated that in response to the parking situation on Alpine Avenue, staff
increased parking enforcement, spoke with high school officials and
business in the area, will evaluate this issue in the context of the various
parking programs and will be heard by the Transportation and Parking
Commission in June.
• Commented that student and business activities and extensive
construction projects in the neighborhood are contributing to the increased
parking along Alpine Avenue.
Council Comments
• Commented that the construction on Jackson Avenue has pushed parking
onto Alpine Avenue.
• Questioned if temporary speed bumps or traffic measures could be
explored.
• Commented that there is a fair amount of construction along Alpine
Avenue which may also contribute to the increase of vehicles on that
street.
Mr. Davis
• Commented that there is no protection against flying balls at the bleachers
along the side of Balzer Field.
• Questioned why the 13.5 acres at Vasona Park was not listed in the
recreation survey discussed at the Council Retreat.
Mr. Carroll
• Requested an update about the Town-owned property at Vasona Park
and asked for the issue to be agendized.
• Commented that Santa Rosa has a new youth sports complex which was
build on 6 acres of land.
Mr. Wilson
• Commented that the Town needs a sports facility for the youth.
• Suggested that the Town-owned property at Vasona Park be used for
sports fields.
• Suggested that the issue be discussed at an open meeting.
Verbal Communications - Continued
Mr. Bawden
• Commented on the need for sports fields in Los Gatos.
• Suggested that the Council discuss the issue of the Town-owned property
at Vasona Park for sports fields at a public meeting.
Mr. Knopf
• Stated that the bleachers at Balzer field are enjoyed by many parents and
are not a hazard.
• Commented that Little League has spent over $5,000 in improvements to
the area.
Mr. Roley
• Commented against the sale of the Town-owned land at Vasona Park and
that Council consider other options.
Mr. Larson
• Clarified that the balance of Town reserves are in restricted or dedicated
reserves.
• Commented that Balzer Field is in compliance with the Little League
National standards.
• Commented that Vasona Park has been a key element for economic
development and quality of life for the community.
• Commented that under the Brown Act, property negotiations are held with
Council in Closed Session. Any formal action related to the Town-owned
property at Vasona Park would occur at a public meeting.
Council Comments
• Questioned when the next public discussion would occur about the Town-
owned land at Vasona Park.
• Commented that new turf was put down at Oak Meadow Park for soccer
usage at no cost to the league.
Mr. Larson
• Stated that per Council direction the issue would be brought back for
public discussion.
Closed Verbal Communication
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PUBLIC HEARINGS
14. Consider a request for approval to modify an existing Conditional Use
Permit to expand an existing quality restaurant (Cafe Marcella) with
full liquor service into the adjoining tenant space currently occupied
by a retail wine shop on property zoned C-2. Property location: 364-
368 Village Lane. File U-08-003. Property owner: Joan Franck,
Franck Family Trust Applicant: Global Grape L.P.
Staff report made by Bud Lortz, Director of Community Development.
Council Comments
• Questioned the process for Conditional Use Permit violations.
• Questioned how the extension of hours relates to a community benefit.
• Questioned if green business practices constitute a community benefit.
• Questioned the process to recognize green business practices for a
restaurant.
• Questioned the definition of a wine bar.
Mr. Lortz
• Clarified the proposed application and alcohol service with food verses a
stand alone bar.
• Commented that a Conditional Use Permit may be reviewed or revised
through a public hearing process.
• Commented that the applicant indicated that they will be operating as a
green business.
• Commented that the application is for a restaurant that serves alcohol with
meals only.
Open Public Hearing
Don Durante, Applicant
• Commented on the type and location of the restaurant he is proposing to
open.
• Commented that food is his first priority at the establishment.
• Commented on the green benefits at the proposed location.
• Commented that he would like to provide a nice atmosphere to dine and
have a drink at a later hour than most restaurants in Town.
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Public Hearing Item #14 - Continued
Council Comments
• Requested clarification about the green benefit the applicant is providing.
• Questioned if the promotion of green practices fulfills the community
benefit portion of the application.
• Questioned why the applicant would like to extend the hours of operation
at the restaurant.
Mr. Durante
• Explained the need to extend the hours past 10:00 at night.
• Commented that he wanted to have the community enjoy great food and a
glass of wine later in the evening.
• Commented on the green products used in remodeling of the restaurant.
Council Comments
• Asked if the applicant understood the Alcohol Policy and late night food
service in a non-bar atmosphere.
• Commented that the proposed permit requires food service with alcohol.
• Questioned if the current Conditional Use Permit for Cafe Marcella
requires food with alcohol service.
Closed Public Hearing
Council Discussion
• Questioned the difference between a benefit to the community and a
community benefit.
• Questioned how being a green business relates to the hours of operation.
• Suggested that the condition of approval be modified to eliminate the
requirement for membership in the Bay Area Green Business Program.
• Commented on the importance of keeping a one year review process as
part of the Conditions of Approval.
MOTION: Motion by Council Member Diane McNutt to modify an
existing Conditional Use Permit to expand an existing quality
restaurant (Cafe Marcella) with full liquor service into the
adjoining tenant space currently occupied by a retail wine
shop on property zoned C-2. Property location: 364-368
Village Lane. File U-08-003. Property owner: Joan Franck,
Franck Family Trust Applicant: Global Grape L.P and to:
• make the required finding (Attachment 1)
• Eliminate Condition #10 with the exception of the one
year review process.
Seconded by Vice Mayor Mike Wasserman.
Public Hearing Item 414 - Continued
Council Member Joe Pirzynski
• Retracted his second to the motion since he did not agree with the
wording in the motion eliminating the green business program.
Council Member Wasserman
• Seconded the motion and asked the maker of the motion if she would
retract the elimination of Condition #10.
Council Member Diane McNutt
Agreed to keep Condition #10 as stated in the Conditions of Approval.
Council Discussion
• Concerned about the applicant's understanding of the current alcohol
policy.
• Questioned if inspections would occur to make sure that the Alcohol Policy
is enforced.
• Requested clarification from the maker of the motion about the promotion
of green benefits.
• Commented about the conditions of approval related to reviewing the
application after one year.
• Commented that the downtown restaurants who serve alcohol with meals
are very diligent about the policy and alcohol service.
Mayor Barbara Spector
• Stated for the record that under Conditions of Approval, Condition #6
reads:
Alcohol service: The services of alcoholic beverages are permitted only
with meals. A meal is defined as a combination of food items selected
from a menu (breakfast, lunch, or dinner). Appetizers such as popcorn,
nachos, pretzels, potato skins, relish trays, etc (hot or cold) are not meals.
VOTE: Motion passed unanimously.
Mr. Larson
• Commented that staff will review the Conditional Use Permit in one
year which would include #6:
• Clarified the process for monitoring the Conditional Use Permit.
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OTHER BUSINESS
15. Adopt resolution establishing a Solicitation and Donation Policy.
RESOLUTON 2008-046
Staff report made by Jenny Haruyama, Administrative Programs Manager
Council Comments
• Commented that the policy may be too restrictive for other commissions.
Ms. Haruyama
• Clarified that the issue would be at Council discretion and approval.
Council Comments
• Suggested that staff explore language that would be less restrictive.
Mr. Korb
• Clarified Council direction from prior meetings.
Mr. Larson
• Suggested that if a commission identifies a need to engage in targeted
solicitation, it would be added to the donation needs list for Council
consideration during the budget process.
Open/Close Public Comment
Council Discussion
• Requested clarification about the two policy language options related to
the naming of facilities.
MOTION: Motion by Council Member Diane McNutt to adopt
resolution establishing a Solicitation and Donation Policy
(Attachment )
Seconded by Council Member Joe Pirzynski.
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Other Business Item #15 - Continued
Council Discussion
• Commented that Music in the Park should be funded by the Town and not
with funds solicited by the Arts Commission.
• Commented that naming of a facility should be based on historic value or
service to the Town.
• Clarified that the wording "special circumstances" allows Council the
flexibility when defining a historic value or service to the Town.
VOTE: Motion passed 411 with Mayor Barbara Spector voting
no.
PULLED CONSENT ITEMS
9. PPW Job No. A08-014 - Plaza Fountain Filtration System Upgrade
Project Adopt resolution authorizing the Town Manager to execute a
professional services agreement with CMS Collaborative to provide design
services for a filtration system in an amount not to exceed $34,500.00
funded from the Manager's Contingency Fund. RESOLUTION 2008-043
Mr. Davis
Commented about the cost to add a filtration system to the Plaza
Fountain.
Suggested that the Town use sand filters to eliminate the risk of
cryptosporidium in the public fountain and that ultra violet light will not
work to eliminate the cryptosporidium.
Commented that regulatory signs to discourage babies wearing diapers in
the fountain should be added to the area around the Plaza.
Mr. Larson
• Clarified the filtration system is in addition to the current filtration system at
the Plaza and that the Town has been working with the Santa Clara
County Health Department to ensure that the Town is in compliance with
all applicable rules and regulations for the safe operation of the fountain.
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Pulled Consent Items - Continued
Council Comments
• Questioned if the use of signs around the Plaza fountain would be an
added benefit.
• Requested that staff look into signage around the Plaza fountain.
Mr. Larson
• Clarified that there was prior discussion regarding the use of signs at
Town Plaza which has been implemented.
• Advised that staff will revisit the issues to determine if a change to the
system is warranted.
MOTION: Motion by Council Member Joe Pirzynski to approve
Consent Item #9.
Seconded by Council Member Steve Glickman.
VOTE: Motion passed unanimously.
13. Approve Council/Agency minutes of April T, 2008.
Council Discussion
• Requested a correction to the date for Get your Green On Day.
• Requested a correction to the spelling of Mr. Sedgwick and Mr. Lien.
MOTION: Motion by Vice Mayor Mike Wasserman to approve
Consent Item #13 with corrections.
Seconded by Council Member Joe Pirzynski.
VOTE: Motion passed unanimously.
COUNCILITOWN MANAGER REPORTS
16. Council Matters
Council Member Steve Glickman
• Requested to agendize the restructuring of the Valley Transportation
Authority (VTA) for discussion.
• Commented that the outcome of Council's discussion could be sent to the
VTA Board via a letter.
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Council Matters - Continued
Mr. Larson
• Commented that staff could agendize the matter for discussion at the next
meeting.
• Commented that there has been a statement issued by Mayor Sandoval of
Cupertino representing the West Valley organizations requesting that the
status quo for the West Valley cities not be affected.
Council Member Pirzynski
Affirmed Council Member Glickman's request to agendize the matter.
Mayor Barbara Spector
• Congratulated the Green Leaf Committee on the "Get your Green On"
event.
Council Member Joe Pirzynski
• Commented on the Beautification Committee's clean-up day on North
Santa Cruz Avenue.
• Thanked the volunteers for their support.
17. Manager Matters
Mr. Larson
• Commented that that Town received a copy of a letter from Deputy District
Attorney Stephen Lowney addressed to Steve Leonardis regarding a
complaint filed against Town staff for alleged violations of the Elections
Code about the release of petitions.
• Commented that the letter stated that "after examining the relevant
documents and interviewing all percipient witnesses, this office has
concluded that Election Code section 18650 was not violated."
• Commented that this closes the matter regarding the complaint against
the Clerk Administrator's actions.
ADJOURNMENT
Attest:
Jackie D. Rose, Clerk Administrator
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