M 05-24-99JOINT TOWN OF LOS GATOS
TOWN COUNCIL/PARKING AUTHORITY
REDEVELOPMENT AGENCY
May 24, 1999
Minutes
TOWN COUNCIL/REDEVELOPMENT AGENCY
The Town Council/Parking Authority/Redevelopment Agency of the Town of Los
Gatos met in the Council Chambers of the Town Hall, 110 East Main Street, at
6:07 p.m., Monday, May 24, 1999, in regular session.
ROLL CALL
Present:Randy Attaway (arrived at 6:30), Linda Lubeck,
Joe Pirzynski and Mayor/Chairman Jan Hutchins.
Absent:Steven Blanton.
PLEDGE OF ALLEGIANCE
Given by all in attendance.
PRELIMINARY 1999-2000 OPERATING BUDGET/HEARING
PRELIMINARY OPERATING BUDGET FOR 1999-2000 (02.06)
Town Manager, David Knapp, gave an overview of the budget and the budget
development process of the Town. He emphasized that the Town's budget is
balanced and that the Town does not run a deficit. The budget was developed
following the Town's fiscal policy which requires that current year operating
expenditures be funded by current year revenues. He noted that the Bay Area
economy continues to be strong which supports Town's present Capital
Improvement Program. The General Plan Update will continue in progress,
incorporating input from community based committee and the draft plan will be
out this fall for public hearings and review. This will set the zoning map and land
use in Town and the goals, hopes, aspirations and character of the community.
The Library Board is exploring support for facilities and is exploring the possibility
of eliminating non resident fees. Santa Clara County is working on a joint project
with the Town to annex county pockets into their adjacent municipal
governments. Additional motorcycle police and downtown patrols have been
added. Planning Department Code Enforcement is increased for this budget.
Police Service shows an increase due to grants received which can only be used
for law enforcement purposes. Quality service delivered efficiently and
economically continues to be a Town goal. This year's budget reflects a full time
engineer, a full time management information officer and a half time clerk to help
with passport functions. The total increase in Town employees is 4 1/2 people.
The Town has received the Distinguished Budget Presentation Award from the
Government Finance Officers Association.
FIVE YEAR PROJECTION/INCREASE OF EXPENSE OVER INCOME
There is a discrepancy each year between expense and income which is the
reason for weighing the current needs of the Town and constructing a viable
annual budget to meet those needs. A discussion was held on the Vehicle
License Tax and the impact that will have on the Town if the State starts to
manipulate it.
PRELIMINARY OPERATING BUDGET HEARING FOR 1998-1999/CONT.
GRANT REQUESTS/HEARING
Mayor/Chairman Hutchins stated that this was the time and place duly noted for
public hearing to consider Allocation of Fiscal Year 1999-2000 Community Grant
Funds.
Human Services & Art Organizations:
The following people from the audience spoke to this issue:
Jack Neal, Chairman of the Community Services Committee, explained the
process for evaluating and distributing the funds within the grant programs. He
noted that the budget was $5,000 higher this year than last year and he spoke of
a newly funded program, Next Door Shelter, which will be receiving $10,000.
This organization supports women and children subjected to domestic violence
supplying emergency shelter, food, clothing and transportation.
Lynn Kennedy, Chair of the Arts Commission, requested increased funds to
meet increased needs. She asked that Music in the Plaza be funded in another
manner so that funds allocated to that program be available to other
organizations which are making application. All grant go to children's and
student's programs such as Art Docents, Community Concerts, Photo Guild,
Chamber Music at St. Luke's, and Youth Science Institute.
Asha Shlvaji, 16411 Hilow Road, representing The Place for Teens, asked for
continued support.
Pat Lake, 208 E. Main Street, Teen and Family Counseling Center, does
counseling for teens and their families. This service works with CASA, TRIAD
and the school district.
Darci Palmer, 16345 Los Gatos Blvd, representing A Place for Teens, asked for
continued support and spoke of plans for this year.
Anne Dunham, 296 Garden Hill Drive, representing Youth Science Institute,
thanked Council for continued support, and for funding of binoculars for the
participants. She also noted their Capital campaign and plans for new facilities to
be built at Vasona Park.
Elaine Cardinale, 235 Belmont Ave, Art Docents of Los Gatos, thanked Council
for their continued support over 26 years.
Sara Lively, executive director for Next Door Solutions to Domestic Violence,
spoke of the program and thanked Council for its first time grant to this
organization.
Paula Harris, 6616 John Drive, Cupertino, representing A Place for Teens,
spoke of their tutoring program, teen forums, field trips, violence prevention
counseling, and social programs.
Ron Knapp, 20885 Wardell Road, Saratoga, Los Gatos Community Concert
Association, thanked Council for its continued support over the years.
Deborah Kranefuss, 1199 Arroyo Seco Drive, Campbell, Director of Live Oak
Senior Nutrition & Service Center, spoke of the number of activities and services
offered to the elderly by this program, and noted the outreach and information
services which have been operating in Los Gatos for twenty five years. She has
worked with other Los Gatos service organizations to pool services for seniors.
April Flint, 1028 Linden Street, speaking for A Place for Teens, noted the need
for supervised after school activities that the Outhouse provides.
Gladie Rabitz, 18315 Daves Ave, representing A Place for Teens, explained the
need for an unrestricted grant of at least $8,300 from the Town, (the amount
granted last year) to continue with their ongoing programs as before.
No one else from the audience addressed this issue.
PRELIMINARY OPERATING BUDGET HEARING FOR 1998-1999/CONT.
Departmental Expenditures:
Council reviewed the Proposed Operating Budget section by section and made
the following comments concerning the format and clarity of the budget:
●Page 4: Two people will be assigned to Redevelopment exclusively under
that agency's revenue stream and expense allocation.
●Page 5: Notes the deletion of a Plan Check Engineer to be replaced by
an Administrative Analyst for budgeting and financial support.
●Page 6: Noted that 31% of the budget is from Sales and Use Tax that is
dependent on the country's economy and that the Town is secure in adding 4 1/2
employees at this time pointing out that the employee level is still not at the 1990
level. The Town's business base has diversified over time, and the revenue
should remain more stable as a result.
●Page 6: Purchase Orders, POs, continue to be a problem at end of fiscal
year. On an individual basis each PO will be evaluated as to its ability to carry
over its fund balance to the next year. The State Controller does not recognize
encumbrances as expenses.
●Page 19: Reserves are now projected at $18,388,750, far over the
$6,000,000 in 1990. At that time reserves were being used to fund operations.
●Page 25: Add a page to the budget that identifies all employees under
their individual job classifications.
●Page 24: It was requested that the allocation for benefits assigned to the
Council's budget be used for other expenses. Three councilmembers are not
using the benefits and that money could be reallocated to community benefits.
●The Treasurer's Office makes use of the Finance Department's staff for
processing and filing reports and monthly statements. This accounts for the .25
FTE.
●The Clerk's materials budget has increased with the additional of
publications budget. This budget had been in the General Fund originally, then
placed in the Clerk's Office in 1989, then placed in the Attorney's Office in 1992,
then shifted to each department's account over the next five years, and now due
to some tracking problems has been returned to the Clerk's Office.
●The Clerk's materials budget has increased due to passports. This
reflects $22,000 in post office costs which are collected from the client. Finance
charges the Clerk's Office 17.3% to process these checks and send the total to
the post office. Actually the materials will drop to $6,000 because the Clerk's
Office can put all the passports in one envelope and Finance will just have to
charge 17.3% on one envelope a day. Clients will be happier at the reduced rate
of postage.
●Request to Manager's Office to submit Performance Indicators which
address all Town Administration for review, such as an indicator that tells how
long it takes to complete a project and notify the constituent by letter.
●Performance indicator which tracts the timely submittal of employee
evaluations.
●Performance indicator which measures how many days an item remains in
accounts payable.
●Performance indicator which measures the average time to issue a PO.
●Page 55: Please remove the last sentence in the second to last
paragraph.
●Page 67: Discussion regarding Motorcycle Officers took place. Their duty
as traffic patrol officers was explained, and the subject of their training for safety
concerns was considered.
PRELIMINARY OPERATING BUDGET HEARING FOR 1998-1999/CONT.
Departmental Expenditures Continued:
●Traffic in our community is one of the most significant law enforcement
issues. Public safety and quality of life revolve around it. Traffic is time and date
specific and motorcycles will cover schools, high impact commuter intersections,
and downtown weekend conjestion.
●Page 93: Shows an analyst position to facilitate budgeting and estimating
in the department. An analyst will also be added to Redevelopment.
●Page 105: Community Services and grant program was addressed by
Mrs. Lubeck who noted that there are savings to be found in the Council's budget
and she would like to see it allocated by giving $1,570 to Music in the Plaza and
by giving $5,000 to A Place for Teens and requiring an accounting of the Teen
Center in a more specific and simple manner.
●Randy Attaway recommended that Council fund $1,570 for Music in the
Plaza and $5,000 for A Place for Teens. This is a one time action and Council
would have to see a full five year plan from the Teen Center before Council
committed to an ongoing funding program. Linda Lubeck agreed. Joe Pirzynski
and Jan Hutchins both disagreed with the suggestion.
●Town supports the Music in the Plaza with many staff hours, and the
program is already fully funded with donations. At this time there is no need for a
further monetary donation from the Town.
●When Steve Blanton is present the funding for the Teen Center can be
discussed again.
*Motorcycle officers had three councilmembers support. Mr. Attaway
answered no for the record noting the liability issues involved with this program.
*Mrs. Lubeck requested that a report on the changes affecting Senior
Programs and their funding be submitted to Council. She would like to be able to
lobby County Supervisors with accurate information and be given action paths to
follow to affect some changes.
Council consensus to close the public hearing.
POLITICAL SIGNS IN THE PUBLIC RIGHT OF WAY/WAIVER OF FEES (02.10)
Mayor Hutchins stated that this was the time and place duly noted to reconsider
request to waive Town fees for removing political signs in the public right of way.
Appellant: Donna Courtright.
The following people from the audience spoke to this issue:
Donna Courtright, 16381 E. La Chiquita, asked that her fine be waived. She
noted that Town Policy had not been followed with proper documentation.
Photos were not taken, signs could not be located, there was no certified letter
sent, invoice for opponent could not be located who had signs in exact locations.
Mandy Nelson, 100 Amanda Lane, requested information on the method of sign
removal and notification to the candidate.
Tim Nelson, 100 Amanda Lane, asked for more specific information on record
keeping regarding sign removal.
Elaine Hocher, P.O. Box 3, Saratoga, spoke regarding the number of signs that
were enumerated for charges compared to the number of signs reflected on
Town record when she called for information.
Bob Beckland, lives in San Jose, spoke of checking for signs which were out of
compliance, and noting in his case that he had received agreement from property
owners for placement.
Tracy Himanica, 20 Loma Alta, asked for due diligence in regards to this
decision.
No one else from the audience addressed this issue.
POLITICAL SIGNS IN THE PUBLIC RIGHT OF WAY/CONT.
Staff and Council Comments:
Mr. Bowman noted the procedures taken by the Town in removing the signs
and notifying the candidate of their removal and of the fine imposed.
Mayor Hutchins spoke of keeping policies and procedures the same for
everyone, to be treated equally and fairly, and noted that this was a question of
protecting public resources.
Mr. Pirzynski noted the confusion of the issue; spoke of the enthusiasm of an
election and the problem with an overabundance of signs in one particular
location; he reinforced his support of staff and its acting with integrity and faith;
procedures may need redefining and he noted a willingness to reconsider the
fine and reduce it; he does continue to believe that candidates should be aware
of all regulations associated with running an election.
Attorney Korb the issue is a matter of due process and the Town should not
remove a sign unless it is a health and safety concern, otherwise the Town must
provide reasonable notice. The Council is now the trier of evidentiary fact and if
Council believes notice was insufficient then Mrs. Courtright's argument is valid.
Mr. Attaway believes all candidates should be aware of all rules governing the
election and notes that the Town did give the minimum required notice. He
believes that Town did not follow every step of its own procedural policy and
would therefore waive the fine in this case. He asked that Council review this
policy and prepare a better way of noticing the candidates in the future.
Mrs. Lubeck believes that the candidate should take total responsibility for
obtaining jurisdictional political sign requirements and distributing this information
to campaign workers. This particular Town prides itself on upholding its sign
ordinance throughout Town. She believes staff gave adequate notice and would
support only a partial waiver of fees.
Mayor Hutchins noted that there had not been any lack of due process in this
issue and in listening to other councilmembers comments, he suggests a 50%
reduction of the fine.
Mr. Pirzynski in a gesture of good will and accommodation on Council's part
supports the 50% reduction.
Motion by Mr. Hutchins, seconded by Mrs. Lubeck, to deny the request from
Mrs. Courtright to waive the Town fees for removal of political signs in the public
right of way and reduce the penalty to six hundred and seventy five dollars
($675.) Carried by a vote of 4 ayes. Mr. Blanton absent.
ADJOURNMENT
Mayor Hutchins adjourned this evening's meeting at 9:05 p.m.
ATTEST: Roberta Fries, Deputy Town Clerk
Secretary to the Redevelopment Agency