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Staff Report - Closed Session Agenda~pW N 0 ~~S.GAt~s Diane McNutt,-Mayor Joe Pirzynski, Vice Mayor NOTICE OF SPECIAL MEETING Steve Glickman, Council Member Barbara Spector, Council Member Mike Wasserman, Council Member TOWN OF LOS GATOS TOWN COUNCIL NOTICE IS HEREBY GIVEN that Diane McNutt, Mayor of the Town of Los Gatos, called a Special Meeting for September 18, .2006 at 5:45 p.m. to conduct a Closed Session (in Town Manager's Office). Regular Town Council Meeting will begin at 7:00 p.m. MarLyn Rasmu sen, Clerk Administrator Dated: September 14 , 2006 cc: San Jose Mercury News Los Gatos Weekly Times Los Gatos Daily News Council Members Posted ~pW N 0 !ps G A.~pS Diane McNutt, Mayor Joe Pirzynski, Vice Mayor Steve Glickman, Council Member Barbara Spector, Council Member Mike Wasserman, Council Member TOWN OF LOS GATOS TOWN COUNCIL CLOSED SESSION AGENDA 110 EAST MAIN STREET - TOWN MANAGER'S OFFICE SEPTEMBER 18, 2006 - 5:45 P.M. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Government Code Section 54957 Title: Town Attorney (continued from 915/06) ADJOURNMENT ~pW N 0 ~pl•w i !pS G A ASS Diane McNutt, Mayor Joe Pirzynski, Vice Mayor Steve Glickman, Council Member Barbara Spector, Council Member Mike Wasserman, Council Member TOWN OF LOS GATOS JOINT TOWN COUNCIL/PARKING AUTHORITY/ REDEVELOPMENT AGENCY SEPTEMBER 18, 2006 110 East Main Street Council Chambers (Downstairs) Los Gatos, CA, PARTICIPATION IN THE PUBLIC PROCESS The Town of Los Gatos strongly encourages your active participation in the public process, which is the cornerstone of democracy. If you wish to speak to an item on the agenda, please complete a "speaker's card" located on the back of the chamber benches and return it to the Clerk Administrator. If you wish to speak to an item NOT on the agenda, you may do so during the "verbal communications" period. The time allocated to speakers may change to better facilitate the Town Council meeting The purpose of the Town Council meeting is to conduct the business of the community in an effective and efficient manner. This is done by following meeting guidelines set forth in State law and in the Town Code. Conduct which is considered disruptive during Town Council meetings include, but is not limited to: • Addressing the Town Council without first being recognized; • Interrupting speakers, Town Council, and Town staff; • Continuing to speak after the allotted time has expired; • Failing to relinquish the podium when directed to do so; and • Repetitiously addressing the same subject For the benefit of the community, the Town of Los Gatos asks that you follow the Town's meeting guidelines while attending Town Council meetings and treat everyone with respect and dignity. Town Council Meetings Broadcast Live on KCAT, Channel 95 1st and 3rd Mondays at 7:00 p.m. Rebroadcast of Town Council Meetings Following Saturday at 92:00 Noon - 1 - TOWN OF LOS GATOS JOINT TOWN COUNCIL/PARKING AUTHORITY/ REDEVELOPMENT AGENCY SEPTEMBER 18, 2006 7:00 P.M. MEETING CALLED TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE - LEAD BY FUTURE LEADER Proclamation - Constitution Week Kristin Khanna-- Daughters of the American Revolution (Los Gatos Chapter) CLOSED SESSION REPORT PRESENTATIONS Commendation Tim Boyd, Transportation & Parking Commission Rebecca Elliott, Regional Representative (League of CA Cities - Peninsula Division) Helen Putnam Award Suzanne Boxer-Gassman, Superintendent - Los Gatos Union School District Excellence in Education Initiative (Community-Wide Character Development Program) Note: The Town of Los Gatos has adopted the provisions of Code of Civil Procedure §9094.6, litigation challenging a decision of the Town CounciyRedevelopment Agency must be brought within 90 days after the decision is announced unless a shorter time is required by State or Federal law. IN COMPLIANCE WITH THEAMERICANS WITH DISABILITIES ACT, IF-YOU NEED SPECIAL ASSISTANCE TO PARTICIPATE IN THIS MEETING, PLEASE CONTACT THE CLERK ADMINISTRATOR'S OFFICEAT (408) 354-6834. NOTIFICATION 48 HOURS BEFORE THE MEETING WILL ENABLE THE TOWN TO MAKE REASONABLE ARRANGEMENTS TO ENSUREACCESSIBILITY TO THIS MEETING 28 CFR 35.102-35.104 -2- TOWN COUNCIL CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION) (Before the Town Council/Redevelopment Agency acts on the consent agenda, any member of the public or Town Council/Agency may request that any item be removed from the consent agenda. Consent items will be considered at the discretion of Mayor/Chair) 1. Ratify payroll for the month of August 2006 2. Ratify accounts payable for August 2006 3. Adopt resolution authorizing the Town Manager to execute public art extension with Philip J. Lange 4. Adopt resolution supporting Propositions 1A, 1 B, 1 C, 1 D, 1 E and Proposition o4, the Clean Water, Parks, and Coastal Protection Bond on the November 2006 ballot 5. Adopt resolution upholding- Planning Commission decision regarding modifications or revocation of Conditional Use Permit U-94-44 (Goguen's Last Call) for the operation of a bar on property zoned C-2. APN 529-07-046. Property location: 408 N. Santa Cruz Avenue. Property owner: Los Gatos Shopping Center, LLC. Appellant: Cynthia Goguen 6. PPW Job No.. 06-07- Curb, Gutter, & Sidewalk replacement for Fiscal Year 2006-07 Program 0349 a. Adopt resolution declaring CB Construction Company to be the lowest responsible bidder on the project and awarding a construction contract in the amount of $68,920.75 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 Award of Construction Contract for Shannon Road Trial Construction Project No. 04-66 a. Adopt resolution declaring Summit Springs Design Inc., to be the lowest responsible bidder on the project and awarding a construction contract in the amount of $59,000 b. Authorize budget adjustment of $9,000 to increase project budget to $59,000 c. Authorize transfer of $9,000 from trail-in-lieu fees to project 400-0566 8. Project 05-17 - Highway 9 Safety Improvement Project Adopt resolution authorizing the Town Manager to approve a cooperative agreement between 'the Town of Los Gatos and the Cities of Saratoga and Monte Sereno for the Highway 9 Pedestrian and Bicycle Safety Improvements REDEVELOPMENT AGENCY 9. Ratify accounts payable for the month of August 2006 TOWN COUNCIL/REDEVELOPMENT AGENCY 10. Approve Council/Agency minutes of September 5, 2006 VERBAL COMMUNICATIONS (up to three minutes may be allotted to each speaker to address matters that are not on tonight's agenda.) -3- TOWN COUNCIL PUBLIC HEARINGS (Applicants/Appellants and their representatives may be allotted up to a total of ten minutes maximum for opening statements. Members of the public may be allotted up to three minutes to comment on any public hearing item. Applicants/Appellants and their representative's may be allotted up to a total of five minutes maximum for closing statements. Items requested/recommended for continuance are subject to Council's consent at the meeting.) 11. Consider a request to change a zone from RM: 5-12 to RM:5 -12:PD for a seven lot residential subdivision and approval to demolish a single family residence and a 3-unit apartment building built prior to 1941. No significant environmental impacts have been identified as a result of this project and a Mitigated Negative Declaration is recommended. Planned Development Application PD-05-01, Architecture and Site Application S-05-015, Negative Declaration ND-05-03 APN 529-16-021 and. 045. Property location: 17005 and 17017 Roberts Road. Property owner: Khurram Igbal Applicant: Donna and Louie Leu OTHER BUSINESS (Up to three minutes may be allotted to each speaker on any of the following items.) 12. Adopt resolution of the Town Council of the Town of Los Gatos upholding a decision of the Planning Commission denying an application to operate a formula retail store (American Apparel) on property zoned C-2. Conditional Use Permit U-06-006. APN 510-44-034. Property Location: 25 N. Santa Cruz Avenue. Property Owner: Santa Cruz Real, LLC. Applicant/Appellant: Tacee Webb (continued from 2/6, 2/21, 3/6/06 and 8/21/06) 13. Policy discussion and direction regarding the transfer of Parking Credits in the Downtown Parking Assessment District 14. Introduce Ordinance amending Town Code, Chapter 2, Article V, updating Section 2.50.131 concerning informal bid procedures on Public Works and introduce Ordinance amending Town Code, Chapter 2, Article V, updating Section 2.50.140 concerning formal bid procedure on Public Works COUNCIL/TOWN MANAGER REPORTS 15. Council Matters 16. Manager Matters ADJOURNMENT (Council/Redevelopment Agency policy is to adjourn no laterthan midnight unless a majority of Council/Redevelopment Agency votes for an extension of time) Note: The Town of Los Gatos has adopted the provisions of Code of Civil Procedure §1094.6, litigation challenging a decision of the Town Council/Redevelopment Agency must be brought within 90 days after the decision is announced unless a shorter time is required by State or Federal law. -4-