M05-21-071
MINUTES OF THE TOWN COUNCIL/PARKING
AUTHORITY/REDEVELOPMENT AGENCY
MAY 21, 2007
The Town Council of the Town of Los Gatos conducted a Regular Meeting on
Monday, May 21, 2007 at 7:00 P.M.
TOWN COUNCIL/PARKING AUTHORITY/ REDEVELOPMENT AGENCY
MEETING CALLED TO ORDER
ROLL CALL
Present: Mayor Joe Pirzynski, Vice Mayor Barbara Spector, Council Member
Steve Glickman, Council Member Diane McNutt, and Council Member Mike
Wasserman.
Absent: None.
PLEDGE OF ALLEGIANCE - LED BY FUTURE LEADER
Kerry Zweig, Los Gatos Girl Scout Troop 685 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: American Federation of State, County and Municipal
Employees
Local No. 101 (AFSCME)
Mr. Korb stated direction was given and no action was taken.
PUBLIC EMPLOYMENT/PUBLIC EMPLOYEE APPOINTMENT PURSUANT TO
(Government Code Section 54957)
Title: Interim Town Manager
Mr. Korb stated direction was given and no action was taken.
2
PRESENTATIONS
Santa Clara Valley Transportation Authority (VTA)
Jim Lawson, Valley Transit Authority presented information relating to current
and future Valley Transportation Authority (VTA) operations and transp ortation
services throughout the county.
Council Comment
Requested the status and timeframe relating to the Vasona Light Rail
Station.
Community/Business Recognition
Ronee Nassi, Executive Director - Town of Los Gatos Chamber of
Commerce
Mayor Joe Pirzynski presented Ronee Nassi, Executive Director for the Town
of Los Gatos Chamber of Commerce, with the Community/Business Recognition.
Ms. Nassi
Thanked the Town, Chamber colleagues, and staff for their support of the
Chamber of Commerce.
Proclamation - Architecture Week
Mayor Joe Pirzynski proclaimed May 21, 2007 as Architecture Week and
recognized the following architects:
Kent Mather
Richard Kirchner
Terry Martin
Sandra Paim
Loiue Leu
Gary Schloh
Mani Farhadi
Mr. Kirchner
Made a presentation regarding Architecture Weekly and the celebration of
the 150th anniversary of the American Institute of Architects (AIA) and
local (AIA) programs.
3
TOWN COUNCIL
CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION)
1. Traffic Safe Communities Grant Adopt resolution authorizing the
Town Manager to execute an agreement between the Town of Los
Gatos and the County of Santa Clara for a Traffic Safe Communities
grant . RESOLUTION 2007-052
2. PPW Job No. 06-11 Blossom Hill Road Sidewalk Construction
(University Avenue to Roberts Road) Project 0712 Adopt resolution
accepting work of Robert A. Bothman, Incorporated and authorizing
the Town Manager to execute Certificate of Acceptance and Notice of
Completion for recording by the Clerk Administrator.
RESOLUTION 2007-053
3. PPW Job No. 05-16 - Oak Meadow Park Retaining Wall Replacement
Project 0715 RESOLUTION 2007-054
a. Adopt resolution accepting work of Casey Construction, Inc. and
authorizing the Town Manager to execute certificate of acceptance
and Notice of Completion for recording by the Clerk Administrator
b. Authorize revenue adjustment of $5,228 from State Parks Bond
Proposition 12/40 Funds to this project (0715)
c. Authorize expenditure adjustment of $5,228 revising project (0715)
budget to $67,188
4. PPW Job No. (07-13) - Tait Museum Roof Replacement Project
a. Adopt resolution declaring Waterproofing Associates to be the lowest
responsible bidder on the project and award a construction contract
in the amount of $68,899. RESOLUTION 2007-055
b. Authorize staff to execute future change orders to the construction
contract as necessary up to an amount of $6,111
4
Consent Items #1-10 - Continued
5. PPW Job No. 07-03 - Johnson Avenue Storm Drain Improvement
Project 0707
a. Adopt resolution declaring Casey Construction Company to be the
lowest responsible bidder on the project and award a construction
contract in the amount of $80,072. RESOLUTION 2007-056
b. Authorize staff to execute future change orders to the construction
contract as necessary up to an amount of $5,000
c. Authorize budget adjustment of $16,937 from Storm Drain Fund (461)
to Johnson Avenue Storm Drain Improvement Project 0727
d. Authorize expenditures up to $91,937 for Johnson Avenue Storm
Drain Improvement Project 0727 (including $6,865 for expenditures to
date).
6. PPW Job No. (07-02) - Villa Avenue Retaining Wall Replacement
Project 0406. RESOLUTION 2007-057
a. Adopt resolution declaring Casey Construction to be the lowest
responsible bidder on the project and award a construction contract
in the amount of $84,366.00
b. Authorize staff to execute future change orders to the construction
contract as necessary up to an amount of $10,000.00
7. PPW Job No. 04-66 - Shannon Road Trail Construction Project 0566
Adopt resolution accepting work of Summit Springs Design,
Incorporated and authorizing the Town Manager to execute Certificate
of Acceptance and Notice of Completion for recording by the Clerk
Administrator. RESOLUTION 2007-058
8. PPW Job No. 06-09 - FY 06-07 - CDBG Funded ADA Improvement
Project 0706
a. Adopt resolution declaring Santa Clara Valley Corporation to be the
lowest responsible bidder on the project and award a construction
contract in the amount of $44,500. RESOLUTION 2007-059
b. Authorize staff to execute future change orders to the construction
contract as necessary up to an amount of $5,000
5
REDEVELOPMENT AGENCY
9. Adopt resolution authorizing the Executive Director to execute an
agreement between the Redevelopment Agency and The Housing
Trust of Santa Clara County providing a time extension for
expenditure of prior contributions to The Housing Trust of Santa Clara
County. RESOLUTION 2007-060
TOWN COUNCIL/REDEVELOPMENT AGENCY
10. Approve Council/Agency minutes of May 7, 2007
Mayor Joe Pirzynski noted a correction under Council Comments on page 8
relating to Item #10 of the May 7, 2007 minutes.
Mr. Davis pulled Consent Item #10.
MOTION: Motion by Council Member Diane McNutt to approve
Consent Items #1-9.
Seconded by Council Member Mike Wasserman.
VOTE: Motion to approve Consent Items #1-8 passed unanimously.
Consent Item #9 passed 4/0. Council Member Steve
Glickman recused himself from Consent Item #9 due to the
location of his residence.
VERBAL COMMUNICATIONS
Mr. Lucas
Introduced Don Cordero as a newly elected Trustee to West Valley-
Mission Community College district.
Mr. Cordero
Commented regarding the re-construction of West Valley College facilities.
Invited the community to participate in college activities.
Council Comments
Thanked Mr. Cordero and Mr. Lucas for their roles at the college.
6
Verbal Communications – Continued
Mr. San Juan
Commented regarding the need for more soccer fields.
Commented that the Town-owned property at Vasona Park should not be
sold but used for soccer fields.
Suggested Council should evaluate different uses for the property to
relieve the shortage of sports fields in Town.
Mr. Carroll
Commented against the sale of Town-owned property at Vasona Park,
and the need to explore alternative uses.
Commented regarding the need for soccer fields in the community and
questioned passive use policy at Vasona County Park.
Suggested the Town buy Vasona Park from the County.
Mr. Davis
Commented about the lack of signs to prevent children in diapers from
wading in the Town Plaza fountain.
Commented against the sale of Town-owned property at Vasona Park.
Suggested waiting on the sale of the property until recommendations from
the Parks Commission and the Planning Commission have been studied.
Mr. Clancy
Commented regarding the need for sports fields in the community.
Council Comment
Questioned if Mr. Clancy feels that the community’s baseball
organizations need more fields.
7
Verbal Communications – Continued
Mr. Rennie
Commented regarding global warming and requested that the Town
support the U.S. Mayor’s Global Climate Agreement.
Debra Figone, Town Manager
Commented regarding the upcoming study session on June 18, 2007
relating to green initiatives.
Commented that the Town is researching the U.S. Mayor's Global Climate
Agreement, which will be discussed at the study session.
Mr. Kahler
Commented regarding a petition from the neighbors on Edelen Avenue
and Miles Avenue in support of a skatepark.
Commented that he feels a petition against the skatepark which was
misrepresented to the neighbors.
Ms. Deloumi
Commented about inaccurate information presented to the neighbors of
Edelen Avenue and Miles Avenue relating to the proposed skatepark.
Closed Verbal Communication
PUBLIC HEARINGS
11. Consider an appeal of a Planning Commission decision denying
approval to modify an existing CUP (Café Rouge) to allow a coffee and
yogurt business (Café Delatti) on property zoned C-2. APN 529-03-
035. Conditional Use Permit U-07-24 Property Location: 42 Elm
Street Property Owner: Mike Cobler Applicant/Appellant: Suh Chung
Kim
Staff report made by Bud Lortz Director of Community Development.
8
Public Hearing Item #11 – Continued
Council Comments
Clarified that the Conditional Use Permit request is for a high turnover sit-
down restaurant.
Questioned if Community Development requires a sample menu as part of
the proposed plans.
Commented regarding the elimination of alcohol use as part of the new
Conditional Use Permit.
Questioned the applicant’s business model relating to the proposed
Conditional Use Permit.
Clarification regarding the need for substantial departure changes to
require a new Conditional Use Permit.
Requested clarification regarding how the existing business model would
change for the proposed restaurant.
Questioned if Planning Commission’s decision was based on whether or
not there were too many frozen dessert type restaurants in Town.
Questioned if the Planning Commission was looking for guidance and
direction from Council.
Questioned if the over concentration of a certain type of restaurant falls
under the General Plan Guidelines.
Open Public Hearing
Mr. Chang, Cafe DeLatti
Commented that he feels that there is not an over-saturation of frozen
desserts in the downtown area.
Commented that there is no current policy to allow restrictions on types of
food sold at a business.
Commented that the Commission’s concerns were related to over-
saturation of frozen dessert sales in the downtown area.
Commented that the store is in harmony with the General Plan and Town
Code.
Commented regarding the proposed outdoor seating.
Commented that he feels that they have a good business plan and that
they will address health concerns relating to trash.
9
Public Hearing Item #11 – Continued
Council Comments
Questioned if the current loading zone is located on the property.
Questioned how the applicant intends to use the current loading zone.
Questioned how the applicant’s products differ from other similar products
sold in downtown.
Mr. Chang
Commented about the differences between frozen yogurt, ice cream and
gelato.
Commented that other shops with similar products also serve other foods
such as cakes and candy.
Ms. Kim
Commented regarding the over-saturation of frozen treats in the
downtown area.
Commented that she surveyed other cities and found that there were
approximately two frozen dessert shops in various downtown areas.
Expressed an interest in having a variety of stores in the Town's
downtown area.
Mr. Harris
Commented regarding the over-saturation of frozen treat shops in the
Town's downtown area.
Requested that Council uphold the Planning Commission’s decision.
Mr. Speicher
Commented regarding the over-saturation of frozen treats in the
downtown area.
Expressed interest in seeing more diverse shops in the Town's downtown
area.
Requested that Council uphold the Planning Commission’s decision.
Ms. Speicher
Commented regarding the number of high turn over restaurants which
offer take out.
Commented regarding the fragile balance of shops in the downtown area.
Commented regarding high turnover restaurants and the amount of
garbage in the downtown area.
10
Public Hearing Item #11 – Continued
Mr. Chang, Applicant
Commented that he feels there is not an over-saturation of frozen treat
establishments in the downtown area.
Commented that the patio creates a unique place to gather.
Council Comments
Requested clarification on adding a condition requiring the business to
add more trash cans.
Closed Public Hearing.
Council Discussion
MOTION: Motion by Vice Mayor Barbara Spector to grant the appeal
of a Planning Commission decision denying approval to
modify an existing CUP (Café Rouge) to allow a coffee and
yogurt business (Café Delatti) on property zoned C-2. APN
529-03-035. Conditional Use Permit U-07-24 Property
Location: 42 Elm Street Property Owner: Mike Cobler
Applicant/Appellant: Suh Chung Kim.
The appeal was granted due to an issue or policy over which
the Commission did not have discretion to modify or
address, but which is vested in the Council for modification
or decision.
The motion is to include the findings as stated in Attachment
2 of the staff report and Conditions of Approval as stated in
Attachment 3 of the staff report
Seconded by Council Member Diane McNutt.
11
Public Hearing Item #11 – Motion Continued
Council Discussion
Commented regarding the impacts to the community as it relates to the
elimination of the beer and wine sales and reduction in the hours of
operation.
Commented that over-concentration of a particular product is not an issue
that the Council should control.
Commented on issues related to land use and the General Plan.
Commented that the market place determines the concentration and
longevity of an establishment.
Requested that the maker of the motion include a condition to add more
trash receptacles.
Questioned the use of rent control in the downtown area.
AMENDMENT TO
MOTION: Motion to include an additional condition as follows:
Operators of the restaurant shall provide on-site trash
receptacles and pick up trash along the business frontage
and in the vicinity of the restaurant when outdoor seating is
available.
VOTE: Motion passed unanimously.
OTHER BUSINESS
12. Discussion of preparation, style, and format of Town Council Minutes
Staff report made by Jenny Haruyama, Administrative Programs Manager.
Council Comments
Commented regarding the brevity of the minutes.
Commented that the approved action only minutes are the official archived
minutes.
Suggested that staff explore developing a high-level summary version of
minutes.
Questioned the amount of additional staff time required if a summarized
version of minutes were approved.
Would like to see more elaboration of statements related to Council
and speaker comments.
12
Other Business – Continued
Open Public Comments
Mr. Davis
Commented regarding the lack of information in the current action only
minutes.
Commented that the written minutes are the only archival form of minutes.
Commented that he feels the Town should have summary or verbatim
minutes.
Closed Public Comments
Council Discussion
Commented that a majority of California cities have action only minutes.
Questioned if a summarized version would require the minute taker
to interpret what was stated during the meeting.
Commented that the action only minutes capture a part of the Council
meeting discussion
Commented about the availability of and access to web-streamed Council
meetings.
Commented that the Town has an excellent process in place.
Suggested that the minutes should frame the statements more broadly.
Commented on the statement "let the record show" as an opportunity to
be quoted.
Would like to see a format change to capture the “gist” of the comments in
the minutes.
Directed staff to explore ways to better capture the essence of the
discussion in the most efficient manner.
Pulled Consent Item #10
Approve Council/Agency minutes of May 7, 2007
Mr. Davis
Expressed concerns about Council Member Diane McNutt’s integrity
relating to a prior statement relating to estate homes.
Commented that he feels that the minutes are obscure and do not
adequately capture his statements made at prior Council meetings.
13
Pulled Consent Item #10 – Continued
Council Discussion
Mayor Joe Pirzynski
Commented that on page 10, bullet 5 of the May 7, 2007 minutes should
be corrected to reflect that the streets associated with the traffic calming
project are located at South Santa Cruz Avenue/Wood Road.
MOTION: Motion by Council Member Mike Wasserman to approve
Council/Agency minutes of May 7, 2007 with noted
corrections.
Seconded by Vice Mayor Barbara Spector.
VOTE: Motion passed unanimously.
COUNCIL/TOWN MANAGER REPORTS
13. Council Matters
Discussion of and direction on considerations for Town Manager
transition
Staff report made by Debra Figone, Town Manager.
Ms. Figone
Commented regarding the process to recruit a new manager for the Town.
Commented on the possibility of hiring Avery and Associates as
the recruitment firm.
Commented on the next steps which would include entering into an
agreement and forming a Council adhoc sub-committee.
Commented that the targeted timeframe to hire a new manager would be
by November, 2007.
Commented regarding her commitment to complete key work plan
priorities by July 20, 2007.
Open Public Comment
Mr. Davis
Commented regarding his opinion of Debra Figone and that he is pleased
she has taken the City Manager position for the City of San Jose.
Closed Public Comment
14
Council Matters Item #13 - Continued
Council Discussion
Suggested that staff move forward with Avery and Associates to recruit for
the vacant Town Manager position.
Commented that the Council feels that Debra Figone has helped to make
this Town a wonderful community.
Suggested that other recruiters should be allowed to submit proposals.
Commented regarding competing interests in hiring a Town Manager.
Suggested to proceed with Avery and Associates given its knowledge of
the Town.
Council Majority directed the Town Manager to enter into a contract with
Avery and Associates.
Orry Korb, Town Attorney
Commented regarding the process related to an interim Town Manager.
Clarified that the subject be further discussed at the Closed Session on
June 4, 2007.
Council Discussion
Clarified timeframe for projects listed on the Town Manager’s work plan.
Suggested that the Manager move work plan items forward.
Suggested a Council adhoc sub-committee serve as a liaison to Council
regarding recruitment activities.
Commented against forming a Council adhoc sub-committee.
Commented that he feels that the decision on a Town Manager should
come from all five Council Members input withan equal role in all stages of
the process.
Clarified that the Council adhoc sub-committee would not make decisions,
but mearly act as a conduit for information relating to the recruitment
process.
Commented that Avery and Associates would interview each Council
Member and allow them to share their interests as it relates to recruitment
and screening of Town Manager applicants.
Questioned if a Council adhoc sub-committee was used during the
previous recruitment for Town Manager.
Requested clarification as to how candidates are to be evaluated.
Questioned if the Council vote requires 4 yes votes to approve a new
Town Manager.
Council majority concurred with appointment of the Mayor and Vice Mayor
as the members of the Council adhoc sub-committee.
15
Council Matters Item #13 – Continued
Mr. Korb
Clarified the roles relating to the Council adhoc sub-committee members.
Commented that the sub-committee would be involved with procedural
decisions that would not affect the screening process.
Commented that Avery and Associates would take that individual Council
Member feedback and develop a set of applicant qualifications for Council
approval.
Commented that a Council adhoc sub-committee was not used during the
previous recruitment for Town Manager.
14. Manager Matters
None this evening.
ADJOURNMENT
Attest:
Jackie D. Rose, Clerk Administrator