M08-07-06MINUTES OF THE TOWN COUNCIL/PARKING
AUTHORITY/REDEVELOPMENT AGENCY
AUGUST 7, 2006
The City Council of the Town of Los Gatos conducted a Regular Meeting on
Monday, August 7, 2006 at 7:00 PM
CALL MEETING TO ORDER
Roll Call
Present:
Council Member Steve Glickman,
Vice Mayor Joe Pirzynski
Council Member Barbara Spector
Council Member Mike Wasserman
Mayor Diane McNutt
PLEDGE OF ALLEGIANCE
American Cancer Society relay for Life - Renee Leilani and Spencer Bogart
commented on the relay for life program being held at Vasona Park on Saturday,
August 12, 2006.
CLOSED SESSION REPORT
Conference with Legal Counsel - Existing Litigation
(Government Code Section 54956.9[a])
Workers' Compensation Case - Horace Pete Settlement
Orry Korb, Town Attorney, stated direction was given and no action was taken.
Conference with Legal Counsel - Anticipated Litigation
(Government Code Section 54956.9[b])
Threat of litigation regarding Town Council decision denying a formula
retail store (American Apparel) - Conditional Use Permit No. U-06-006
Orry Korb, Town Attorney, stated direction was given and no action was taken.
PRESENTATION
Proclamation 100 Year Celebration - Children’s Library Services
Mayor Diane McNutt commented on the history of the Library in the Town of Los
Gatos. A commendation was presented to Peggy Conaway, Library Director on
behalf of the 100 year celebration.
Tim Mulligan, Manager - Santa Clara County Vector Control,
West Nile Virus Eradication Program
Mr. Mulligan updated the Council and public on the resources regarding the
West Nile Virus in the Santa Clara County. He also commented on the latest
methods of controlling the virus.
CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION)
1. Accept Treasurer’s Reports for May and June, 2006 (1-2)
2. Approve Council Minutes of June 19, 2006 Study Session (2-V)
3. Accept report on Town Manager approved actions during Council
recess
(3-28)
4. Adopt resolution accepting the donation of an El Camino Real bell
from the California Bell Company and the installation of the bell from
Eagle Scout Brian Freund.
Resolution 2006-081 (4-28)
5. Appoint Debra Figone, Town Manager, as the primary voting delegate
and Jenny Haruyama, Administrative Programs Manager, as the
alternate voting delegate for the League of California Cities Annual
Conference scheduled for September 6-9, 2006 in San Diego,
California. (5-12)
6. Adopt resolution approving the Final Map for Tract No. 9834 (14880
Los Gatos Boulevard)
Resolution 2006-082 (6-24)
7. Project 06-31 - Award of HVAC Maintenance Contract Adopt
resolution declaring Therma Corporation to be the lowest responsible
bidder on the project and awarding the contract in the amount of
$22,020.00 per year plus CPI increases in years 2 and 3.
Resolution 2006-083 (7-24)
Consent Items (Continued)
8. Project 06-32 - Award of Custodial Contract Adopt resolution
declaring Santa Clara Valley Corporation to be the lowest responsible
bidder on the project and awarding the contract in the amount of
$111,564.
Resolution 2006-084 (8-24)
9. PPW Project #06-07 - Curb, Gutter, and Sidewalk Replacement for
Fiscal Year 2006-07
Resolution 2006-085 (9-24)
a. Adopt resolution approving plans and specifications for curb, gutter,
and sidewalk repair and replacement and authorize staff to advertise
the project for bids
b. Authorize budget adjustment to transfer $1,840 from Project 0349 to
the N. Santa Cruz Avenue/Roberts Road Crosswalk Improvement
Project 0713
10. Confidential and Temporary/Hourly Employees
Resolution 2006-086 & 2006-089 (10-29)
a. Adopt resolution approving Confidential Compensation Plan and
Salary Schedule
b. Adopt resolution approving the Temporary/Hourly Employee Salary
Schedule
11. Adopt resolution approving the Fiscal Year 2006-07 Management
Compensation Plan.
Resolution 2006-087 (11-29)
12. Adopt resolution denying an appeal of a Planning Commission
decision denying approval to construct a new single family
residence. APN 527-56-033. Architecture and Site Application S-06-
022. Property Location: 107 Colorado Court. Property
Owner/Applicant: Stewart and Colette Fahmy
Resolution 2006-088 (12-15)
CONSENT ITEMS (Continued)
TOWN COUNCIL/REDEVELOPMENT AGENCY
13. Approve Council/Agency minutes of June 19, 2006
MOTION: Motion by Mayor Diane McNutt approve Consent Items #1-4, 6-13
with Reference to amended resolution on Item #12. Item # 5 was
postponed until next meeting.
Seconded by Vice Mayor Joe Pirzynski.
VOTE: Motion passed unanimously.
VERBAL COMMUNICATIONS
Mr. Davis
Commented on the City of San Jose's proposed "due process" document.
Commented regarding the July 4th celebration held by the Town of Los
Gatos.
Commented regarding 13 acres at Vasona Park which the Town currently
owns and leases to the County of Santa Clara.
Mr. Korb
Stated that the transaction regarding the 13 acres is still in negotiations
and will go to Council for public hearing if there is action to be taken.
Commented regarding Mr. Davis’s statement relating to due process and
stated that the City of San Jose is a Charter City.
Mr. Brodsky
Commented regarding a letter to Council asking for joint cooperation with
the City of Monte Sereno regarding Winchester Boulevard. He would like
to meet to work out details to make Winchester a better road.
PUBLIC HEARINGS
14. Abatement of Hazardous Vegetation (Weeds)
Resolution 2006-090 (14-33)
a. Conduct public hearing to consider the report of the County
Agricultural Commissioner’s Office (available in the Clerk
Department) on the abatement of hazardous vegetation (weeds) for
the 2005-2006 season
b. Adopt resolution approving said report (available in the Clerk
Department)
Staff report made by John Curtis, Director of Parks and Public works.
Mayor Diane McNutt opened the public hearing. No one spoke to the agenda
item. Mayor Diane McNutt closed the public hearing.
PUBLIC HEARINGS (Item #14 Continued)
Council Discussion
MOTION: Motion by Council Member Barbara Spector to adopt resolution
approving report on the abatement of hazardous vegetation
(Weeds). Seconded by Council Member Steve Glickman.
VOTE: Motion passed unanimously.
15. Abatement of Hazardous Vegetation (Brush)
a. Conduct public hearing to consider the report of the County
Agricultural Commissioner’s Office that all identified properties
achieved voluntary compliance with regard to the abatement of
hazardous vegetation for the 2005-2006 season
b. Take no further action
Staff report made by John Curtis, Director of Parks and Public Works. Mayor
Diane McNutt opened the public hearing. No one spoke to the agenda item.
Mayor Diane McNutt closed public hearing.
Council Discussion
There was consensus from Council to take no further action.
16. Consider a request for 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
Staff report made by Bud Lortz, Director of Community Development.
Council Comments
Questioned the number of seats versus the parking required.
Questioned regarding the current loading area located along the sidewalk
at Cafe Rouge.
Clarification regarding violations and enforcement of a conditional use
permit.
Clarification regarding the lack of parking spaces and the current
ordinance pertaining to parking.
Clarification on modifying the current Parking Ordinance.
PUBLIC HEARINGS (Item #16 Continued)
Mayor Diane McNutt opened the public hearing.
Public Comments
Mr. Proushani (Applicant) Commented about the following issues:
Café Rouge’s past code violations.
Council Comments
Clarification regarding applicants request for wine service during special
events.
Clarification regarding a Conditional Use Permit running with the land.
Clarification regarding the occupancy rates of downtown businesses.
Clarification relating to other businesses Conditional Use Permits.
Requested from applicant, a proposal regarding the times of the year
when the restaurant and neighboring shops are the busiest.
Clarification regarding special events without liquor or entertainment.
Questioned Planning Commissions requirement regarding the divider
between the street and restaurant.
Questioned addressing the alcohol policy regarding future Condtional Use
Permits.
Questioned if Council could draft restrictions to grant certain conditions for
the use permit.
Clarification on the seating currently in the restaurant.
Clarification regarding Cafe Rouge’s business plan.
Commented regarding parking within the district.
Public Comments
Mr. Brodsky
Commented on supporting the proposed Conditional Use Permit.
Commented on keeping the a quaint restaurant in business and asked to
work on the parking situation.
Mr. Updyke
Commented on supporting the proposed condtional Use Permit.
Mr. Proushani (applicant)
Suggested giving them a trial use permit, which would be reviewed after
one year and could be extended.
Mayor Diane McNutt closed public hearing.
PUBLIC HEARINGS (Item #16 Continued)
Council discussion
Clarification regarding the current parking ordinance.
Clarification regarding Councils options to change the code regarding parking.
Questioned the criteria for granting a variance.
Mr. Korb
Commented on the options relating to parking requirements for the Conditional
Use Permit.
Clarified the criteria for granting a variance.
Motion by Vice Mayor Joe Pirzynski adopt the Planning Commission’s
recommendation to approve the Conditional Use Permit located at 42 Elm Street.
seconded by Council Member Barbara Spector.
Council Discussion
Commented on the Town’s current Alcohol Policy.
Commented regarding the Town’s current Parking Policy.
Suggested Council to consider modification to serve wine with or without food.
Questioned if staff could draft conditions for wine service with or without food.
Motion by Council Member Steve Glickman to table Item #16 until staff could
draft conditions to serve wine with or without food. Motion failed due to lack of
second.
Mayor Diane McNutt called for a vote relating to the first motion.
Motion passed unanimously.
OTHER BUSINESS
17. Council discussion and authorization regarding West Valley Solid
Waste Management Authority Board process for setting rates
effective March 1, 2007
Staff report made by Regina Falkner, Director of Community Services.
Presentation made by Marva Sheehan, Senior Associate, Hilton, Farnkopf, and
Hobson.
Council Comments
Commented on the proposed rates for garbage service.
Supports the proposal made by West Valley Solid Waste Management Authority
Board.
Public Comment
No one spoke to this agenda item.
Council Discussion
Direction was to Council Member Steve Glickman to share Council comments
about the rate proposal with West Valley Solid Waste Management Authority
Board.
COUNCIL/TOWN MANAGER REPORTS
18. Council Matters
Council Member Barbara Spector
commented that she would like to bring a proposal forward for
Council discussion and consideration on sustainable energy.
19. Manager Matters Los Gatos Prepared, A Community Self-Sufficiency
Campaign, Concept Paper
Staff report made by Debra Figone, Town Manager.
Council Comments
Commented that the target date for this program is October 17, 2006.
Commented on the Town becoming more prepared for disasters.
Commented on supporting the program.
Commented on the community/Town preparing for diseasters by becoming self
sufficient.
Thanked all the CERT volunteers for their continued support in programs that
help the community prepare for disasters.
ADJOURNMENT