M06-21-101
MINUTES OF THE TOWN COUNCIL/PARKING AUTHORITY/REDEVELOPMENT
AGENCY JUNE 21, 2010
The Town Council of the Town of Los Gatos conducted a Special Meeting on Monday,
June 21, 2010 at 6:15 P.M. to facilitate Board, Commission, and Committee interviews.
BOARD/COMMISSION/COMMITTEE INTERVIEWS
Arts and Culture Commission (One vacancy; One application)
Ed Bellezza
General Plan Committee (One vacancy; One application)
Todd Jarvis
Parks Commission (One vacancy; Two applicants)
Sandy Gordon
Melanie Hanssen
Transportation and Parking Commission (Two vacancies; One applicant)
Melanie Hanssen
ADJOURNMENT AT 6:45 P.M.
The Town Council of the Town of Los Gatos conducted a Regular Meeting on Monday,
June 21, 2010 at 7:00 P.M.
MEETING CALLED TO ORDER
ROLL CALL
Present: Mayor Diane McNutt, Vice Mayor Joe Pirzynski, Council Member Steve Rice,
Council Member Barbara Spector, and Council Member Mike Wasserman.
Absent: None.
PLEDGE OF ALLEGIANCE
Emma Fallside, Daves Avenue Elementary School led the Pledge of Allegiance. The
audience was invited to participate.
2
PRESENTATIONS
Proclamation
Mayor Diane McNutt proclaimed July 10, 2010 as the 100th anniversary of the
Oak Meadow Park Carousel as W.E. Bill Mason Carousel Day.
John Lochner accepted the proclamation on behalf of Oak Meadow Park
Carousel and the Billy Jones Wildcat Railroad.
Mr. Lochner thanked the Town and the community for their support.
BOARDS/COMMISSION/COMMITTEES APPOINTMENTS
Arts and Culture Commission (One vacancy; One application)
No applicants were appointed to the Arts Commission.
General Plan Committee (One vacancy; One application)
Todd Jarvis was appointed by a 5/0 vote to the General Plan Committee.
Parks Commission (One vacancy; Two applications)
Sandy Gordon was re-appointed by 5/0 vote to the Parks Commission.
Transportation and Parking Commission (Two vacancies; One application)
Melanie Hanssen was appointed by a 5/0 vote to the Transportation and Parking
Commission.
CLOSED SESSION REPORT
PUBLIC EMPLOYEE APPOINTMENT
(Government Code Section 54957)
Title: Town Attorney
Mr. Martello stated that a Closed Session was held on June 15, 2010 and that direction
was given and no reportable action was taken.
3
TOWN COUNCIL
COUNCIL/TOWN MANAGER REPORTS
Council Matters
There were no Council Matters for this meeting.
Manager Matters
Mr. Larson
Commented that the Music in the Park summer music series started on June 20,
2010.
Commented that he did a ride-along with one of the Police Patrol Officers on
Saturday night to observe the night life in Los Gatos and that he was pleased to
say that there has been a positive change in the late night calls to the downtown
area because of the proactive efforts of our Police Department working with our
local businesses and their customers.
Presented Council and the community with an overview of the Town’s New
Library groundbreaking ceremony which was held on June 21, 2010.
Commended Pamela Jacobs, Assistant Town Manager for her leadership role
with the project.
Did You Know...?
Gwen Cross, Community Services Officer
Presented information on the Los Gatos-Monte Sereno Police Department
Vacation Home Check program.
Commented that more information can be obtained by visiting the Town’s
website at WWW.losgatosca.gov or calling the Los Gatos-Monte Sereno Police
Department.
CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION)
1. Safeway Project Easements Authorize Town Manager to approve
modifications, abandonment, and acceptance of new public easement in
conformance with the approved Planned Development Ordinance 2186 (470
North Santa Cruz Avenue - Safeway Project)
2. PPW Job No. 09-20 - Prospect Avenue Resurfacing Project 421-812-
0108. Authorize the Town Manager to execute Certificate of Acceptance and
Notice of Completion accepting work of G. Bortolotto & Company Inc., and
for recording by the Clerk Administrator.
4
Consent Items – Continued
3. PPW Job. No. 09-10C- FY 2009/10 Street Repair and Resurfacing Reject
bids for FY 2009/10 Street Repair and resurfacing project and authorize staff
to rebid the project.
4. PPW Job No. 10-12 - Proposition 1B Funded Curb, Gutter, and Sidewalk
Repair and Replacement Project 411-813-0209.
a. Authorize the Town Manager to execute a construction contract with
RP Engineering Construction Company in an amount not to exceed
$344,954.
b. Authorize staff to execute future change orders to the construction
contract as necessary in an amount not to exceed $92,046.
5. PPW job No. A10-010 Tree Pruning and Removal Project - Authorize the
Town Manager to execute an amendment to the Tree Pruning and Removal
Project Contract with TruGreen Landcare for the period of one year in an
amount not to exceed $100,000.
6. Adopt resolution approving an Amendment to the Memorandum of
Understanding between the Town of Los Gatos and the American Federation
of State, County and Municipal Employees (AFSCME) Local 101, extending
the existing Memorandum of Understanding through January 3, 2011 with
no change in salaries, terms or conditions. RESOLUTION 2010- 072
7. Adopt resolution authorizing the Town Manager to execute a contract with
Innovative Claims Solutions, Incorporated to provide workers’
compensation third party administrative services. RESOLUTION 2010-073
8. State-Legislated Safe Routes to School, Blossom Hill Road Sidewalk and
Bicycle Lane Project. Adopt resolution authorizing the Town Manager to
apply for grand funds for state-legislated safe routes to school program.
RESOLUTION 2010-074
5
Consent Items – Continued
REDEVELOPMENT AGENCY
9. Consider adopting a resolution authorizing the Executive Director to
execute an agreement between the Redevelopment Agency and the Housing
Trust of Santa Clara County providing contributions to the Housing Trust of
Santa Clara County. RESOLUTION 2010-075
TOWN COUNCIL/REDEVELOPMENT AGENCY
10. Approve Council/Agency minutes of June 7, 2010
11. PPW Job No. 07-16 - Parking Lot 6 Reconstruction Project. Authorize the
Town Manager to execute Certificate of Acceptance and Notice of
Completion accepting the work of Galeb Paving Inc., and for recording by
the Clerk Administrator.
12. PPW Job No. 07-16A - Parking Lot 6 Soil Treatment and Disposal 411-817-
0702 Authorize the Town Manager to execute Certificate of Acceptance and
Notice of Completion accepting the work of Galeb Paving Inc., and for
recording by the Clerk Administrator.
13. Project 09-06 - Los Gatos Library Project 411-821-2501. Adopt resolution
approving the parcel map for 100 Villa Avenue (Los Gatos Library).
RESOLUTION 2010-076
Mayor Diane McNutt recused from Consent Item #9 due to the fact that she sits on the
Board for the Housing Trust of Santa Clara County.
MOTION: Motion by Council Member Barbara Spector to approve
Consent Items #1-13.
Seconded by Vice Mayor Joe Pirzynski.
VOTE: Consent Items #1-8 and #10-12 Motion passed unanimously.
Consent Item #9 passed 4/0. Mayor Diane McNutt recused (see
above statement).
6
VERBAL COMMUNICATIONS
Mr. Hogan
Commented on the successful launch of Teen Force which is a new non-profit
program designed to develop youth through work skills training and on-the-job
work experience.
Commented that the organization has worked closely with the Youth Commission
and has had great support from Town staff and A Place for Teens.
Closed Verbal Communications
TOWN COUNCIL
PUBLIC HEARINGS
14. Abatement of Hazardous Vegetation (Brush). Overrule objections and order
hazardous vegetation abatement (brush).
Staff report made by Todd Capruso, Director of Parks and Public Works.
Open/Closed Public Hearing
MOTION: Motion by Vice Mayor Joe Pirzynski to overrule objections and
order hazardous vegetation abatement (brush).
Seconded by Council Member Mike Wasserman.
VOTE: Motion passed unanimously.
15. Landscaping and Lighting Assessment Districts 1 & 2
a. Adopt resolution confirming the diagram and assessments,
and levying and authorizing collection of assessments for
Landscape and Lighting No. 1 - Blackwell Drive Benefit Zone.
RESOLUTION 2010-077
b. Adopt resolution confirming the diagram and assessments,
and levying and authorizing collection of assessments for
Landscape and Lighting District No. 1 - Kennedy Meadows
Benefit Zone. RESOLUTION 2010-078
c. Adopt resolution confirming the diagram and assessments,
and levying and authorizing collection of assessments for
Landscape and Lighting District No. 1 - Santa Rosa Heights
Benefit Zone. RESOLUTION 2010-079
7
Public Hearing Item #15 – Continued
d. Adopt resolution confirming the diagram and assessments, and
levying and authorizing collection of assessments for Landscape
and Lighting District No. 1 - Vasona Heights Benefit Zone.
RESOLUTION 2010-080
f. Adopt resolution confirming the diagram and assessments, and
levying and authorizing collection of assessments for Landscape
and Lighting District No. 2 - Gemini Court Benefit Zone.
RESOLUTION 2010-081
Staff report made by Todd Capurso, Director of Parks and Public Works.
Open/Closed Public Hearing
MOTION: Motion by Council Member Barbara Spector to adopt
resolutions confirming the diagrams and assessments, and levying
and authorizing collection of assessments for Landscaping and
Lighting Assessment Districts 1 & 2 which include Blackwell Drive
Benefit Zone, Kennedy Meadows Benefit Zone, Santa Rosa
Heights Benefit Zone, Vasona Heights Benefit Zone, Hillbrook
Drive Benefit Zone, and Gemini Court Benefit Zone.
Seconded by Vice Mayor Joe Pirzynski.
VOTE: Motion passed unanimously.
16. Conditional Use Permit U-10-005. Project Location: 320 Village Lane.
Property Owner: Barca Partners/David Kinch. Applicant: Sunnyhills
Studio/Amy Nunes Consider a request for approval to modify a Conditional
Use Permit to operate an existing restaurant (Manresa Restaurant) with full
alcoholic beverage service on property zoned C-2. APN 529-04-048
Staff report made by Jennifer Savage, Associate Planner.
Council Comments
Requested clarification on the sale of beer and wine for off-site consumption.
Requested clarification about the third new condition which states no new retai l is
allowed at the restaurant.
Commented about the concern and the intent of the new condition.
8
Public Hearing Item #16 – Continued
Ms. Savage
Clarified that the Alcohol Beverage License does allow for the sale of beer and
wine for off-site consumption without meal service.
Clarified that the third new condition was added to help distinguish that the
structure/establishment should not be used as a liquor store or a store that sells
alcoholic beverages.
Commented that it further limits off-site alcoholic beverage sales to someone
who wants to bring home an unfinished bottle of wine after dinner or purchase a
bottle that they liked at dinner.
Mr. Larson
Clarified that the most common example is when you go to a restaurant and
orders a meal and a bottle of wine, but you do not finish the bottle, this permit
allows for you to take that bottle home with you. The license still requires a
complete meal service and the establishment cannot be used as a package store
or liquor store.
Commented that the license is the same for every restaurant which has a full
alcohol permit.
Clarified that there can be no space devoted to the retail sales of alcohol
beverages for off premises use.
Mr. Martello
Recommended rephrasing the last sentence to avoid any further confusion.
Suggested rephrasing the last condition to read "no retail space is allowed within
the restaurant for the sale of beer and wine, however, the sale of beer and wine
for off-site consumption is allowed consistent with the license.”
Council Comments
Suggested that staff work on some recommended wording which Council may
include in the motion.
Open Public Hearing
Jeff Bareilles, Applicant
Requested that Council approve the application for Manresa Restaurant and that
he was available to answer any questions.
Mr. Snow
Commented on supporting the proposed Conditional Use Permit for Manresa
Restaurant.
9
Public Hearing Item #16 – Continued
Closed Public Hearing
Mr. Larson
Clarified that the license that the restaurant currently has allows the same limited
off-site sales of beer and wine. The only difference between the current license
and the proposed license is the allowance of hard alcohol sales during meal
service.
Mr. Martello
Recommended that Council may drop the condition or include the alternative
wording as part of the motion which may read: "no retail space is allowed within
the restaurant provided that the sale of beer and wine to restaurant patrons
which may be consumed off-site is allowed consistent with their Alcohol
Beverage Control (ABC) license for restaurant use.”
MOTION: Motion by Vice Mayor Joe Pirzynski to adopt the findings
supporting the Conditional Use Permit modification (Attachment 1).
Seconded by Council Member Steve Rice.
VOTE: Motion passed unanimously.
MOTION: Motion by Vice Mayor Joe Pirzynski to approve the application
subject to the recommended conditions of approval (Attachment 2)
with the inclusion of the Desk Item and the following wording: "no
retail space is allowed within the restaurant provided th at the sale
of beer and wine to restaurant patrons which may be consumed off -
site is allowed consistent with their ABC license for restaurant use.”
Seconded by Council Member Steve Rice.
VOTE: Motion passed unanimously.
OTHER BUSINESS
There was no Other Business scheduled for this meeting.
ADJOURNMENT
Attest:
10
____________________________
Jackie D. Rose, Clerk Administrator