M06-20-05TOWN OF LOS GATOS Council/Agency Meeting
CALIFORNIA Date: 08/01/2005
TOWN COUNCIL/PARKING AUTHORITY
JOINT REDEVELOPMENT AGENCY Item#_________
June 20, 2005/MINUTES
Los Gatos Civic Center
110 E. Main Street
Los Gatos, CA 95030
TIME ITEM ACTION ON ITEM
5:00 PM INTERVIEWS FOR
BOARDS,
COMMISSIONS,
AND COMMITTEES
General Plan Committee, one business owner or manager.
Applicants:
Patti Rice
Margaret Smith (interviewed on June 6, 2005)
7:00 PM 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, June 20, 2005, in a joint regular session.
7:01 PM ROLL CALL Present: Steve Glickman, Diane McNutt, Joe Pirzynski, Barbara Spector,
and Mayor/Chairman Mike Wasserman
Absent: None
7:02 PM PLEDGE OF
ALLEGIANCE
The audience was invited to participate in the Pledge of Allegiance.
7:03 PM CLOSED SESSION
CLOSED SESSION
CONFERENCE WITH LEGAL COUNSEL – PENDING LITIGATION
(Government Code Section 54956.9[a]
Worker’s Compensation Claim – Timothy Morgan v. Town of Los Gatos
CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED
LITIGATION
(Government Code Section 54956.8)
15310 Kennedy Road – Potential violation of open space easement
(Mid Peninsula Open Space District)
CONFERENCE WITH REAL PROPERTY NEGOTIATOR
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Continued (Government Code Section 54956.8)
Property: Town of Los Gatos Wastewater System Assets
Negotiating Parties: Town of Los Gatos (Negotiator: Orry Korb, Town
Attorney)
West Valley Sanitation District (Negotiator: Robert
Reid, General Manager)
Under Negotiation: Price and terms of payment.
PUBLIC EMPLOYEE PERFORMANCE EVALUTAION
(Government Code Section 54957)
Title: Town Attorney
Mr. Korb stated that no action was taken.
7:03 PM PRESENTATIONS Commendation
Mary Ann Parks, Superintendent, Los Gatos School District
Mayor Wasserman presented a commendation to Mary Ann Parks for her
services to the Los Gatos School District and the Los Gatos community.
Volunteer Recognition
Joann Milburn
Mayor Wasserman presented a commendation to Joann Milburn for her
volunteer work and the Frist Humanitarian Award which she received.
7:10 PM BOARD,
COMMISSION, AND
COMMITTEE
APPOINTMENTS
Appointments were made to the following Boards, Commissions, and
Committees:
Community Services Commission
Barbara Cardillo
General Plan Committee
Margaret Smith
Transportation and Parking Commission
Bruce Entin
7:12 PM CONSENT ITEMS TOWN COUNCIL
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#1-23
CONSENT ITEMS
1. Accept Schedule of Public Hearings. (1-28)
2. Ratify payroll for the month of May 2005. (2-V)
3. Ratify accounts payable for May 2005. (3-V)
4. Approve the Fiscal Year 2005-2006 Storm Water Management
Budget, and authorize West Valley Sanitation District to collect
related fees on behalf of the Town. (4-40)
5. Approve Town Council Meeting Schedule for Fiscal Year
2005-2006. (5-12)
6. Adopt a resolution authorizing the Town Manager to execute an
amendment to the Professional Services Agreement with Innovative
Claims Solutions, Incorporated to extend contract for one year to
perform worker’s compensation claims administration.
RESOLUTION 2005-65 (6-29)
7. Adopt resolution regarding conversion of Town owned residential
properties to office use for Town facilities.
RESOLUTION 2005-67 (7-32)
8. Adopt a resolution approving a second continuation agreement with
the West Valley Sanitation District of Santa Clara County.
RESOLUTION 2005-66 (8-40)
9. Adopt resolution authorizing the Town Manager to apply for Safe
Route to School Grants Funding with the City of Campbell.
RESOLUTION 2005-68 (9-33)
10. Adopt resolution authorizing Town Manager to enter into an
agreement with Linehart Petersen Powers and Associates (LP2A)
for building permit plan check and inspection consultant.
RESOLUTION 2005-69 (10-V)
11. Equipment Purchase
Adopt resolution authorizing Town Manager to execute an
agreement with Joseph H. Schauf Company, Incorporated for the
purchase of the cooling Tower in the amount of $22,560.00 from
account 6695-84553 RESOLUTION 2005-70 (11-27)
12. Project 04-26 – Fiscal Year 04-05 – Retaining Wall Replacement
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#1-23
Continued
CONSENT ITEMS
a. Adopt resolution declaring Anderson Pacific Engineering
Construction, Incorporated to be the lowest bidder on the
project and awarding a construction contract in the amount of
$244,595.00. RESOLUTION 2005-81 (12-15)
b. Authorizing staff to issue changes order to the construction
contract up to an amount of $4,000.00.
13. Award of Construction Contract for Project 04-39 – Fiscal Year 04-
05 – CDBG Funded ADA Improvements. (13-15)
a. Adopt resolution declaring J.J.R. Construction, Incorporated
to be the lowest responsible bidder on the project and
awarding a construction contract in the amount of
$24,975.00; additionally authorizing contingency of $800.00.
RESOLUTION 2005-80
b. Authorize $6,200.00 budget adjustment from the remaining
CDBG funded ADA Improvement project 410-0539 (ADA
Library doors) bringing the total appropriations for the
project 410-0539 from $20,000.00 to $26,000.00 contingent
upon the County of Santa Clara authorizing the transfer of
left over funds from CDBG ADA completed projects (ADA-
Library doors). If County disallows, authorize $6,200.00
budget adjustment from funds available in the Towns Curb,
Gutter and Sidewalk project 03-49.
14. Geology and Geotechnical Peer Review for Private Development
Projects (14-37)
Adopt resolution authorizing the Town Manager to execute a
second amendment to the Professional Services Agreement with
Geomatrix Consultants, Incorporated to extend the contract for
two more years to perform Geology and Geotechnical Peer
Review for private development projects.
RESOLUTION 2005-71
15. Amendment to Agreement for Traffic Consultant Services (15-41)
Adopt resolution authorizing the Town Manager to execute an
amendment to the Professional Services Agreement with TJKM
Transportation Consultants to extend the agreement for two years
to perform traffic consultant services in the Town of Los Gatos on
an on-call basis. RESOLUTION 2005-72
16. Adopt resolution authorizing the Town Manager to execute an
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#1-23
Continued
amendment to the Professional Services Agreement with Fehr and
Peers Associate, Incorporated to extend the agreement for two years
to perform traffic engineering Consultant services in the Town of
Los Gatos on an on-call basis.
RESOLUTION 2005-73 (16-41)
17. Main Street Resurfacing Project (17-41)
Adopt resolution authorizing the filing of an application for Federal
Surface Transportation (STP) Program funding and committing the
necessary on-federal match for the project and stating the assurance
of the Town of Los Gatos to complete the project. RESOLUTION
2005-74
18. Adopt resolution authorizing Town Manager to execute an
agreement between Town of Los Gatos and the City of Monte
Sereno for road maintenance and public works services.
RESOLUTION 2005-75 (18-41)
REDEVELOPMENT AGENCY
19. Ratify accounts payable for May 2005 (19-V)
20. Adopt 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 for the Phase III Campaign and
authorizing a budget adjustment for the Fiscal Year 2005/06 budget
in the amount of $100,000.00
RESOLUTION 2005-9RD (20-27)
TOWN COUNCIL/REDEVELOPMENT AGENCY
21. Mr. Davis requested this item be removed from the consent
calendar.
22. Project 04-13 North Santa Cruz Avenue Resurfacing – Fourth
amendment to the Agreement with BKF Engineers. (22-41)
Adopt resolution authorizing Town Manager/Executive Director to
execute a fourth amendment to the Professional Services
Agreement with BKF Engineers to provide construction support
services in the amount not to exceed $23,854.00.
RESOLUTION 2005-76 2005-10RD
23. Project 04-38 – Way finding Sign Project (23-27)
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Adopt resolution accepting work of Chrisp Company and
authorizing the town Manager/Executive Director to execute
certificate of acceptance and Notice of Completion for recording by
the Clerk Administrator/Secretary of the Redevelopment Agency.
RESOLUTION 2005-77 2005-11RD
Motion by Mrs. McNutt to approve Consent Items #1-20, #22 and #23.
Seconded by Mr. Glickman.
7:14 PM MAYOR CALLED
THE QUESTION
Carried unanimously.
7:15 PM CONSENT ITEMS
#1-23
Continued
PULLED ITEM #21
PULLED ITEM # 21
21. Approve Council/Agency minutes of June 6, 2005. (21-V)
Mr. Davis
Commented that action only minutes do not capture the information
he feels should be available to the public.
Mr. Davis submitted minutes from the City of Saratoga.
Commented on the safety of Shannon and Hicks Road and his
suggestions relating to Shannon Valley Ranch Development.
Motion by Mr. Pirzynski to approve Consent Item #21.
Seconded by Mr. Glickman.
7:18 PM MAYOR CALLED
THE QUESTION
Carried unanimously.
7:19 PM VERBAL
COMMUNICATION
VERBAL
Mr. Davis
Commented on the missing sidewalks near Oak Meadow Park, and
asked for sidewalks on Blossom Hill to be included in the budget.
Commented on the signs posted to indicate that the sidewalk ends.
Commented on the progress of the Highway 9 safety group.
Suggested that the public be brought into the process before any
plans are finalized.
Ms. Lowe
Commented on the Conditional Use Permit for the Calvary Baptist
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COMMUNICATION
Continued
church relating to loading of buses.
Stated that there have been numerous violations regarding the
loading and unloading of buses, and asked who has the authority to
wave a Conditional Use Permit for even one event.
Commented on a courtesy call regarding the loading and unloading
of 6 buses on a certain occasion. She feels this is in violation of the
church’s Conditional Use Permit, and asked staff to look into the
matter.
Mr. Wright, Mayor, City of Monte Sereno
Gracefully handed over the Bay Area Cities Association plaque
which was awarded to the Town of Los Gatos for winning the 2005
Annual Bocce tournament.
7:29 PM CLOSED VERBAL
COMMUNICATION
7:30 PM PUBLIC HEARING
ITEM #24
ABATEMENT OF
HAZARDOUS
VEGETATION
(BRUSH)
TOWN COUNCIL
ITEM # 24 (24-33)
Abatement of Hazardous Vegetation (Brush).
Adopt resolution overruling objections and ordering hazardous vegetation
abatement (brush). RESOLUTION 2005-78
Staff report made by John Curtis.
7:31 PM COUNCIL
COMMENT
No comments at this time.
7:31 PM OPEN PUBLIC
HEARING
Mr. Davis
Asked if the Town has any documents relating to fire protection
other than through Santa Clara County Fire.
Suggested adopting an ordinance for fire protection.
Commented on the hazard of Coyote brush during the dry seasons.
Commented on a clearing greater than 30 feet for the hillside
homes.
Ms. Chase, Santa Clara County Fire Official
Commented that the 30 feet clearing is the minimum footage and is
based on individual sites.
7:37 PM ITEM #24
Continued
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CLOSE PUBLIC
HEARING
7:37 PM COUNCIL
DISCUSSION
Motion by Mrs. Spector overruling objections and ordering hazardous
vegetation abatement (brush).
Seconded by Mr. Pirzynski.
7:38 PM MAYOR CALLED
THE QUESTION
Carried unanimously.
7:39 PM ITEM #25
1458 POLLARD
ROAD
ITEM #25 (25-15)
Consider a request to modify a Conditional Use Permit for a restaurant
(Sushi E!) to allow the service of beer and wine with meals on property
zoned C-1. Conditional Use Permit: U-05-014 APN: 407-33-021 Location:
1458 Pollard Road Property Owner: Rinconada Hill Investment Co.
Applicant: Yoon Nyoun Kim.
Staff report made by Bud Lortz.
7:40 PM COUNCIL
COMMENT
Questioned definition of a high turnover restaurant.
Questioned if the time of closure could be extended till 10:00 PM.
7:41 PM OPEN PUBLIC
HEARING
Applicant
Jay Kim
Commented that the hours of business would remain the same for
his restaurant.
7:42 PM CLOSE PUBLIC
HEARING
7:43 PM COUNCIL
DISCUSSION
Motion by Mr. Glickman to make the required findings (attachment 1),
approve the application subject to conditions (attachment2) and extending
the hours of operation from 9:30 PM to 10:00 PM.
7:44 PM MAYOR CALLED
THE QUESTION
Carried Unanimously.
7:44 PM PUBLIC HEARING
ITEM #26
Council Member Spector recused from Item #26 as she lives within a 500
foot radius of the subject property.
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50 UNIVERSITY
AVENUE, STE. 180
PUBLIC HEARING
ITEM #26
50 UNIVERSITY
AVENUE, STE. 180
ITEM #26 (26-15)
Consider a request to modify a Conditional Use Permit for a restaurant to
legalize the increase in the number of seats, to modify the type of allowed
entertainment and to increase the days when entertainment is available on
property zoned C-2:PD:LHP. Conditional Use Permit: U-03-7 APN: 529-
02-044 Location: 50 University Avenue, Suite 180 Property Owner: Federal
Reality Applicant Steve Hauck (Wine Cellar).
Staff report made by Bud Lortz.
7:48 PM COUNCIL
COMMENT
Clarification regarding the degree of control the Town would have
maintaining a dining establishment, if the business were to change
hands.
Clarification on mechanisms the Town could use in case of parking
problems.
Questioned history of the Wine Cellar and their previous
Conditional Use Permits.
Questioned the type of entertainment that would be provided.
Clarification regarding enforcement of the decibels levels for the
amplified music.
Clarification regarding decibel levels allowed for this type of
establishment.
Questioned a test period for this Conditional Use Permit.
7:58 PM OPEN PUBLIC
HEARING
Steve and Julie Hauck, Applicant
Commented on the staff report regarding the previous Conditional
Use Permit.
Stated that the restaurant has had no previous complaints.
Stated that they will agree to any review as part of the Conditional
Use Permit.
Stated that dinner service is their primary business.
Explained their interpretation of the amplified music and decibel
levels.
Commented that the establishment is located underground,
therefore the sound is more contained.
Commented on the conditions regarding hours of operation
ITEM #26
Continued
Chris Verna
Supports the wine Cellar Application.
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PUBLIC HEARING
50 UNIVERSITY
AVENUE, STE. 180
CLOSE PUBLIC
HEAING
Andy Baugh
Supports the Wine Cellar Application.
Eric Drew
Supports the Wine Cellar Application.
Randi Chen
Supports the seating requested for the Wine Cellar.
Questioned the hours of operation for the dance floor and music.
Questioned imposing conditions and how they would be enforced.
Mr. Davis
Stated that California Law stipulates every person is entitled to the
quiet enjoyment of their property.
Supports dancing at the Wine Cellar.
Steve and Julie Hauck, Applicant
Commented that they would like the freedom to have music and
dancing, but this activity would not be happening every night.
Stated that they accept any reasonable conditions which would keep
the Wine Cellar in good standing with the Town.
8:28 PM COUNCIL
DISCUSSION
ITEM #26
Continued
Questioned if decibel measurements have been taken outside at the
property line.
Questioned the location or staging for the musicians, and the
location of the exits in the restaurant.
Clarification regarding the area to be used as a dance floor.
Commented on the concerns of a Conditional Use Permit running
with the property.
Questioned what conditions could be added to ensure that the
restaurant will remain a “quality dining” establishment.
Commented on preservation and safeguarding the community when
granting a Conditional Use Permit.
Questioned if applicant would agree to an annual reviews; outside
doors to remain closed; amplification of music regarding decimal
levels at the property line; outside dining with no music; option of
leaving the wall between the seating to separate the dance floor;
and, restrictions on hours of operation.
Questioned a condition of approval which would require the
applicant to purchase a noise meter.
Commented on meals served with the entertainment.
Commented on stand alone bars verses restaurants.
Stated that there were too many changes to the conditions for the
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COUNCIL
DISCUSSION
50 UNIVERSITY
AVENUE, STE. 180
Council to consider at tonight’s meeting.
Commented on providing the dance floor for those who would like
to reserve the restaurant for private parties.
Questioned if the intent was to change the nature of a “quality
dining” establishment by creating a seven night a week
entertainment venue or, is it focused on special events, such as a
party which would include dancing and live entertainment.
Commented on setting a precedent for competitors to request
amplified music and dancing.
Commented on the Town’s desire to maintain the character of the
downtown and discourage service of alcohol with no food.
Commented regarding concerns about the hours of operation, and
suggested limiting hours to preserve a “quality dining” venue.
Attempted to clarify applicant’s desired hours of operation.
Commented on enhancing the Wine Cellar as a “quality dining”
establishment and discouraging it from becoming night club.
Questioned if staff could designate a certain amount of days per
year for dancing and entertainment.
Motion by Mr. Glickman to approve application and make the required
findings (attachment 1), and approve application subject to modified
conditions (attachment 2) with changes as follows:
Condition #5 - meals are to be served till the closing hour, and
hours of operation to include:
1. Sunday thru Thursday till midnight
2. Friday and Saturday till 1:00 AM
Condition #7 – no outdoor entertainment, amplified musical
entertainment is only permitted indoors.
Condition #8 – Drop first two sentences and begin after noise.
Pursuant to the noise ordinance, the exterior noise level shall be no
louder than as follows, measure from property line:
1. 1PM to 10 PM – 56 decibels
2. 10PM to 6AM – 51 decibels
3. 6AM to 1PM – 52 decibels
Condition #9 – Use of the dance floor will be limited to the hours
from 10PM to closing.
Condition #12 – Log should be an automated system if available.
Seconded by Mr. Wasserman.
9:20 PM ITEM #26
Continued
COUNCIL
Questioned if applicant would find this motion acceptable.
Questioned condition #9 and flexibility to accommodate private
parties.
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DISCUSSION
50 UNIVERSITY
AVENUE, STE. 180
Commented on keeping the dancing to the same hours as the
amplified music with restriction on days of use.
Would like to review condition and put a time limit on Conditional
Use Permit.
Commented on modifying condition #9 to limit dance floor to a
certain number of days per year.
Suggested coming up with a use that would not require policing or
monitoring.
Suggested alternative language for condition #9 regarding the dance
floor which would include a 1PM to closing.
Maker of the Motion amended hours of operation to include:
1. Monday thru Thursday 11:00 AM to 12:00 AM
2. Friday 11:00 AM to 1:00 AM
3. Saturday 9:30 AM to 1:00 AM
4. Sunday 9:30 AM to 12:00 PM
Would like to see limited restrictions for the dance floor.
Commented on adding a sunset date to the Conditional Use Permit.
Clarification on the special event process offered through the Los
Gatos-Monte Sereno Police Department.
Questioned if Council could give direction to staff for evaluation
and have the evaluation returned to Council at a later date.
Reviewed Motion:
Item #10 – Dance floor 1:00 PM to 10:00 PM
Hours of operation to remain the same.
Motion withdrawn.
Direction from Council:
Council consensus to allow music and dancing with limitations.
Would like to see conditions that would maintain the integrity of a
“quality dining” establishment.
Staff to develop recommendations, from Council discussion this
evening, and the matter to be continued to August 1, 2005.
9:56 PM RECESS Meeting resumed at 10:01 PM.
10:02 PM OTHER BUSINESS
ITEM #27
ITEM #27 (27-37)
Adopt Commercial Design Guidelines (from 4/18/05).
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COMMERCIAL
DESIGN
GUIDELINES
RESOLUTION 2005-79
Staff report made by Bud Lortz.
10:04 PM COUNCIL
COMMENTS
No Council comments at this time.
10:05 PM OPEN/CLOSE
PUBLIC COMMENT
No one spoke to this item.
10:05 PM COUNCIL
DISCUSSION
Motion by Mr. Glickman to approve Commercial Design Guidelines with
changes as suggested in Council Report.
Seconded by Mr. Pirzynski.
Commented that the purpose of pictures is to give clarity and
examples of the buildings.
Commented that the guidelines should not have address references
without a photo.
Commented that the text for historic references should remain.
Commented that color provisions are appropriate.
Stated that the awning guidelines are acceptable.
Stated that the auto dealership guidelines are acceptable.
10:15 PM MAYOR CALLED
THE QUESTION
Carried unanimously.
10:16 PM ITEM #28
APPROVAL OF
SUMMARY NOTES
AND ACTION
ITEM #28
Approval of summary notes and action items for Town Council – Planning
Commission Retreat of April 27, 2005, and consideration of structural
changes to the composition of the Planning Commission.
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ITEMS FROM
TOWN COUNCIL –
PLANNING
COMMISSION
RETREAT Staff report made by Bud Lortz.
10:18 PM COUNCIL
COMMENT
Commented that item #1 should reflect “majority consensus” and
item #2 should reflect “Council majority consensus.”
Clarification on Architect’s report.
Motion by Mr. Pirzynski to approve the summary notes with changes to #1
and #2 to reflect “majority consensus.”
Seconded by Mr. Glickman.
10:22 PM MAYOR CALLED
THE QUESTION
Carried unanimously.
10:23 PM ITEM #28
Continued
COUNCIL
COMMENT
Questioned Council consensus to reduce the Planning Commission
from 7 members to 5 members.
Questioned support for reducing terms of office from 4 years to 2
years.
Would like input from the Planning Commission, and to explore the
issue more closely.
Commented on a training program as a tool for a quality 4 year
term.
Suggested keeping a 4 year term to enable commissioners to learn
and practice all the information and guidelines required of the
Planning Commission.
Council Direction:
Keep the Planning Commission at 7 members.
Explore term limit with input from current Planning
Commissioners.
Explore an internship or shadowing program as well as a training
program for new members.
Suggested revisiting the absentee policy for the Planning
Commission.
Commented on emulating the Council’s attendance record.
10:47 PM ITEM #28
Continued
ACTION ITEMS
FROM TOWN
Mr. Davis
Commented on the land use process in California and in Los Gatos.
Commented on a memorandum from the Town Manager’s Office
relating to the Planning Commission Retreat.
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COUNCIL –
PLANNING
COMMISSION
RETREAT
PUBLIC COMMENT
10:51 PM ITEM #29
COUNCIL
MATTERS
ITEM #29
COUNCIL MATTERS
Mr. Glickman
Suggested that a staff liaison from the Youth Commission
periodically check with Council to ensure the success of the
Commission.
Mr. Wasserman
Commented on the Bocce trophy returning to the Town of Los
Gatos.
10:54 PM ITEM #30
MANAGER
MATTERS
DISCUSSION OF
GUIDING
PRINCIPLES AND
OPTIONS FOR
SETTING SERVICE
PRIORITIES
ITEM #30 (30-28)
MANAGER MATTERS
Discussion of guiding principles and options for setting service priorities.
Staff report made by Debra Figone.
10:58 PM COUNCIL
COMMENT
ITEM #30
Continued
DISCUSSION OF
GUIDING
PRINCIPLES AND
Commented on the structure of step #1 and would like to see the
issues explored and set priorities among Council before establishing
focus groups.
Commented on formal and informal focus groups, and asked about
time and expense for these groups.
Commended staff on the practices over the past 5 years to plan
ahead for the budget and continued services to the public.
Council direction:
Proceed with staff work and inventory for the services at the level
that staff feels appropriate and helpful.
Return to Council with project as further development occurs.
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OPTIONS FOR
SETTING SERVICE
PRIORITIES
COUNCIL
COMMENT
11:07 PM MEETING
ADJOURNED
Submitted by: Attest:
Jackie D. Rose, Deputy Clerk MarLyn J. Rasmussen, Clerk Administrator
Secretary to the Redevelopment Agency