M 10-18-04TOWN OF LOS GATOS
CALIFORNIA
TOWN COUNCIL/PARKING AUTHORITY
JOINT REDEVELOPMENT AGENCY
OCTOBER 18, 2004 / MINUTES
Los Gatos Civic Center
110 E. Main Street
Los Gatos, CA 95030
TIME ITEM ACTION ON ITEM
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 Hall,
110 East Main Street, at 7:00 p.m., Monday, October 18, 2004, in a
joint regular session.
7:00
PM
ROLL CALL Present:Sandy Decker, Diane McNutt, Joe Pirzynski, Mike
Wasserman and Mayor/Chairman Glickman.
Absent:None
7:01
PM
PLEDGE OF
ALLEGIANCE
The audience was invited to participate in the Pledge of Allegiance.
7:02
PM
CLOSED SESSION Town Attorney, Orry Korb, reported that Council had met in Closed
Session prior to this evening’s meeting pursuant to Government Code
Section 54957.6 regarding Conference with Labor Negotiator for
Town, Ellen Aldridge, William Avery & Associates regarding
AFSCME Negotiations. Council gave direction. No final action was
taken.
Pursuant to Government Code Section 54957 regarding Public
Employee Performance Evaluation, Town Manager. Council gave
direction. No final action was taken.
7:03
PM
PRESENTATIONS PRESENTATIONS/COMMENDATIONS
7:04
PM
COMMENDATION
TO TOWN OF
LOS GATOS FOR
ALIVE AND LOVING
LIFE PROGRAM
Rebecca Elliot, representing the Peninsula Division of the League of
California Cities, presented to the Town of Los Gatos the “Helen
Putnam Award” for the successful implementation of the Alive and
Loving Life program developed by our youth, community volunteers
and our police department. Mayor Glickman spoke of the honor to the
Town in being selected to receive this award and introduced the
community leaders and youth who were present this evening to
receive this well earned recognition.
7:12
PM
CONSENT ITEMS CONSENT ITEMS
ITEM 1
SCHEDULE OF
PUBLIC HEARINGS
Motion by Mr. Pirzynski, seconded by Mr. Wasserman, that Council
accept and file informational report regarding currently scheduled
public hearings. Carried unanimously. (01.28)
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ITEM 2
PAYROLL
RATIFICATION FOR
SEPTEMBER 2004
Motion by Mr. Pirzynski, seconded by Mr. Wasserman, that Council
ratify the check register for payroll of September 12, 2004 through
September 25, 2004 paid on October 1, 2004 in the amount of
$532,730.15. Carried unanimously. (02.V)
ITEM 3
ACCOUNTS PAYABLE
FOR OCTOBER 2004
Motion by Mr. Pirzynski, seconded by Mr. Wasserman, that Council
ratify the check register for accounts payable invoices paid on October
1, 2004, and October 8, 2004 in the amount of $502,387.63. Carried
unanimously. (03.V)
ITEM 4
TREASURER’S
REPORT FOR
AUGUST 2004
Motion by Mr. Pirzynski, seconded by Mr. Wasserman, to accept and
file Treasurer’s Report for the month ended August 31, 2004. Carried
unanimously. (04.02)
ITEM 5 - PULLED
FEE UPDATE
ITEM 5 - A pulled item that will be heard after the consent items.
Public Resource Management Group User Fee Update on Overhead
Cost Allocations.
ITEM 6
530 SANTA ROSA
VACATION OF
EQUESTRIAN
EASEMENT
Resolution 2004-122
Motion by Mr. Pirzynski, seconded by Mr. Wasserman, that Council
adopt Resolution 2004-122 entitled, RESOLUTION OF THE
TOWN OF LOS GATOS ORDERING A SUMMARY VACATION
OF A TWENTY (20) FOOT “PEDESTRIAN AND EQUESTRIAN
TRAIL” EASEMENT ON 530 SANTA ROSA DRIVE (APN:527-
56-011) PURSUANT TO DIVISION 9, PART 3, CHAPTER 4 OF
THE CALIFORNIA STATE STREETS AND HIGHWAYS CODE.
Carried unanimously. (06.15)
ITEM 7
TRACT 9620
FINAL MAP
LOS GATOS
GATEWAY
Resolution 2004-123
Motion by Mr. Pirzynski, seconded by Mr. Wasserman, that Council
adopt Resolution 2004-123 entitled, RESOLUTION OF THE
TOWN OF LOS GATOS APPROVING THE FINAL MAP FOR
TRACT 9620 “LOS GATOS GATEWAY” AND ACCEPTING
THE DEDICATIONS. Carried unanimously. (07.15)
7:12
PM
CONSENT ITEMS CONSENT ITEMS CONTINUED
ITEM 8
OKA ROAD #9
ANNEXATION
Resolution 2004-124
Motion by Mr. Pirzynski, seconded by Mr. Wasserman, that Council
adopt Resolution 2004-124 entitled, RESOLUTION OF THE
TOWN OF LOS GATOS SETTING THE DATE FOR
CONSIDERATION FOR REORGANIZATION AREA
DESIGNATED “OKA ROAD #9" LOCATED AT 14800 AND
14840 OKA ROAD; APPROXIMATELY 6.68 ACRES,
APN’S:424-08-057, 058, 059, 060. Carried unanimously. (08.26)
ITEM 9A
PRJ:0471
BELGATOS PARK
RESTROOM REPAIRS
Resolution 2004-125
Motion by Mr. Pirzynski, seconded by Mr. Wasserman, that Council
adopt Resolution 2004-125 entitled, RESOLUTION OF THE
TOWN OF LOS GATOS DECLARING SANTA CLARA
VALLEY CORPORATION TO BE THE LOWEST
RESPONSIBLE BIDDER ON PROJECT 0471, AND AWARDING
A CONSTRUCTION CONTRACT IN THE AMOUNT OF
$25,542.00 FOR BELGATOS PARK RESTROOM FIRE
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DAMAGE REPAIR. Carried unanimously. (09A.24)
ITEM 9B
PRJ:0471
BELGATOS PARK
RESTROOM REPAIRS
Motion by Mr. Pirzynski, seconded by Mr. Wasserman, that Council
authorize expenditure budget adjustment to Parks and Public Works
Program 5020 in the amount of $25,542; and authorize total revenue
budget adjustment in the amount of $25,542 in the Town’s General
Fund consisting of an increase to the revenue budget of $20,542 in
property insurance proceeds from ABAG; and transfers-in from
Building Maintenance Fund Balance of $5,000. Carried unanimously.
(09B.24)
ITEM 10
520 SANTA ROSA
FAMILY
RESIDENTIAL
Resolution 2004-126
Motion by Mr. Pirzynski, seconded by Mr. Wasserman, that Council
adopt Resolution 2004-126 entitled, RESOLUTION OF THE
TOWN OF LOS GATOS DENYING APPEAL OF A DECISION
OF THE PLANNING COMMISSION DENYING APPROVAL
TO CONSTRUCT A NEW SINGLE FAMILY RESIDENCE ON
PROPERTY ZONED HR-2½. ARCHITECTURE AND SITE
APPLICATION: S-04-055. PROPERTY LOCATION: 520
SANTA ROSA DRIVE. PROPERTY OWNER/APPLICANT:
JOHN JAHAN AND MAC SABERI. APPELLANT: MAC
SABERI. Carried unanimously. (10.15)
CONSENT ITEMS CONSENT ITEMS CONTINUED
7:12
PM
REDEVELOPMENT REDEVELOPMENT AGENCY
ITEM 11
ACCOUNTS PAYABLE
FOR SEPTEMBER
2004
Motion by Mr. Pirzynski, seconded by Mr. Wasserman, that the
Agency ratify the check register for accounts payable invoices paid on
October 1, 2004, and October 10, 2004 in the amount of $12,721.85.
Carried unanimously. (11.V)
7:12
PM
COUNCIL/AGENCY TOWN COUNCIL/REDEVELOPMENT AGENCY
ITEM 12
MINUTES
OCTOBER 4, 2004
Motion by Mr. Pirzynski, seconded by Mr. Wasserman, that the
Town Council/Redevelopment Agency approve the Minutes of the
Joint Regular Meeting of October 4, 2004 as submitted. Carried
unanimously. (12.V)
PULLED ITEM
PUBLIC RESOURCE
MANAGEMENT
GROUP USER FEE
UPDATE
Resolution 2004-127
PULLED ITEM #5
Council Comments:
* There is a desire on the Council’s part to have the public hear how
the Town’s fees will be determined
* With Council’s twenty year policy of cost recovery for certain
services the community has noted fee increases over those years
* Council believes that many questions can be answered for the
community during a study session addressing overhead cost
allocations.
7:21
PM
ITEM 5 Motion by Ms McNutt, seconded by Mr. Pirzynski, that Council
adopt Resolution 2004-127 entitled, RESOLUTION OF THE
TOWN OF LOS GATOS AUTHORIZING TOWN MANAGER
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TIME ITEM ACTION ON ITEM
TO EXECUTE AGREEMENT WITH PUBLIC RESOURCE
MANAGEMENT GROUP TO PERFORM AN OVERHEAD
COST ALLOCATION STUDY AND RECOMMENDED USER
FEE UPDATE/STUDY FOR THE TOWN OF LOS GATOS
WITH THE STUDY AMOUNT NOT TO EXCEED $33,000.00,
this motion includes an additional $2,000 for a study session to be held
before a regular Council meeting and which will also be televised for
public access. Carried unanimously. (05.09)
7:14 COMMUNICATIONS VERBAL COMMUNICATIONS
SPEAKER Ray Davis spoke concerning the action Council took on the Roberts
Road Bridge. His contention is that closure on the bridge with
insufficient notification is a violation of the Brown Act.
Town Attorney, Orry Korb, stated that the item was duly noted on
the Council Agenda in accordance with the Brown Act.
7:16 PUBLIC HEARING PUBLIC HEARING
There were no public hearings on the agenda this evening.
OTHER BUSINESS OTHER BUSINESS
7:29
PM
ITEM 13
WRAIGHT AVE
WOODLAND AVE
TRAFFIC CALMING
MEASURES
WRAIGHT/WOODLAND AVENUE AREA TRAFFIC
CALMING
Mayor Glickman announced that this was the time and place so
noticed to discuss and consider accepting the proposal for the Wraight-
Woodland Avenue Area Permanent Traffic Calming in a two-phased
approach. (13.24)
7:33
PM
ITEM 13
STAFF REPORT
WRAIGHT AVE
WOODLAND AVE
TRAFFIC CALMING
John Curtis, Public Works Director, spoke of the many meetings that
have been held with the residents and the neighborhood concerns that
have been addressed at those meetings. There were many and varied
solutions to mitigate the traffic impacts perceived by those involved.
Mr. Curtis explained how the excess traffic, speeding and parking
concerns have been met and how pedestrians have also been included
in the plans. He noted that 84% of the voting residents favored Option
#1 while 12% would prefer Option #2. He suggested that Council
proceed with Option #1 in a two tiered phased project to give some
time for the Mobile Home Park to be settled and for the impacts of
that development to be assessed. He noted the traffic safety issues that
might arise with the completion of the Park. He asked that Council
allow a time for monitoring the proposals before permanent
installations are made.
7:41
PM
ITEM 13
SPEAKERS
WRAIGHT/WOODLAND AVENUE AREA TRAFFIC
CALMING
The following people addressed this issue:
Brian Kulman, is impressed by the work the Town has put into this
traffic calming project so far. Mr. Kuleman stated the he preferred not
to go with the two tiered approach, and if there are to be any changes
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he would appreciate being notified so they could all be included as
before.
OTHER BUSINESS OTHER BUSINESS
7:41
PM
ITEM 13
SPEAKERS
CONTINUED
WRAIGHT/WOODLAND AVENUE AREA TRAFFIC
CALMING
Speakers continued:
Dom DeRanieri would like Council to accept that the work to be
completed, and vote on it at this time.
Ann Eppinga noted the overwhelming support of the neighborhood in
the proposal before Council. She asked that it be adopted and if not,
that all participants be renotified concerning any changes that are
proposed.
Michael Kane spoke of the potential of having all the neighbors’ work
overturned. He said he would appreciate Council accepting the project
now and moving forward on it.
Dorie Ousley, a mobile home owner, explained how those in the park
prefer to drive in and out of the area using Highway 9 for egress and
ingress. She would prefer to not drive through the residential streets.
8:07
PM
ITEM 13
MOTION
WRAIGHT/WOODLAND AVENUE AREA TRAFFIC
CALMING
Motion by Mr. Pirzynski, seconded by Mr. Wasserman, that staff will
proceed with Phase One to install a permanent center median at the
Highway 9/Wraight-Woodland “triangle” and re-install the “No Entry”
signs and temporary rubberized curb bulb-outs at the southern ends of
Wraight and Woodland Avenues.
Council Comments: 1) All neighbors/residents of these streets were
included in the planning meetings; 2) Favorable votes in the 80% level
reflect the high participation in the planning meetings; 3) The phased
elements are being done to ensure that safety issues are addressed; 4)
Los Gatos is proud of its traffic calming programs and its focus on
safety for the community; 5) The final vote of the neighbors showed
the focused interest of the residents; 6) Make the look of the semi
permanent bulbouts and traffic circle more permanent in appearance
so as to be taken more seriously by drivers; 7) Council asked the
neighborhood to take a more personal interest in the traffic circle and
landscape it to become an attractive gateway to their community.
Carried unanimously. (13.41)
8:11
PM
ITEM 14
FIRST QUARTER
BUDGET STATUS
REPORT 2004/05
2004/2005 FIRST QUARTER BUDGET PERFORMANCE
STATUS REPORT AT THREE MONTHS ENDING
SEPTEMBER 30, 2004
Mayor Glickman announced that this was the time and place so
noticed to discuss and consider accepting the 2004/2005 First Quarter
Budget Performance Status Report and authorizing budget adjustments
as recommended in the First Quarter Budget Performance Report.
8:15
PM
ITEM 14
FIRST QUARTER
FIRST QUARTER BUDGET PERFORMANCE STAFF
REPORT
Steve Conway addressed Council and public concerning the current
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BUDGET STATUS
STAFF REPORT
status of this year’s adopted budget giving an update based on early
revenue trends seen in the first three months. He noted that this year’s
first quarter report reflects continuing economic downturn both locally
and nationally, and he explained that the Town had prudently
forecasted a slow recovery of local revenues that are economically
sensitive.
8:28
PM
ITEM 14
BUDGET REPORT
COUNCIL COMMENTS:
* Internal Service Fund has reimbursed the General Fund
* Contingency for loss of principle was discussed in reference to
GASB 31 write-downs.
* Property tax revenues were noted to have elevated due to increased
receipts in property transfer taxes.
* There was consideration of the fluctuations in Town’s sales tax
revenues
* Funds allocated for an animal shelter were formally appropriated
according to contract with San Jose for animal services for FY
2004/05.
* Current increases in hotel room occupancy were questioned in
relation to the actual TOT revenues suggesting a reduction in room
rates at this time
* Approval from Council on a thorough budget report by staff
8:35
PM
ITEM 14
MOTION
BUDGET REPORT
Motion by Mr. Wasserman, seconded by Mrs. Decker, that Council
A) Accept the 2004/2005 First Quarter Budget Performance Status
Report and B) Authorize budget adjustments as recommended in the
First Quarter Budget Performance Report. Carried unanimously.
(14.09)
8:37
PM
ITEM 15
COUNCIL MATTERS
Mayor Glickman noted that Supervisor Beall was instrumental in
implementing the “Newborn Infant Surrender Program” making use of
local fire stations as centers for receiving infants, and that the Los
Gatos fire stations will be available for this purpose. (15.28)
8:38
PM
ITEM 16
MANAGER MATTERS
MANAGER MATTERS
There were no Council Matters for discussion this evening.
(16.28)
8:39 ADJOURNMENT Mayor Glickman adjourned this evening’s meeting at 8:39 PM.
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Town Council Minutes October 18, 2004
Redevelopment Agency Los Gatos, California
ATTEST:
Marian V. Cosgrove,
Town Clerk and Secretary to the Redevelopment Agency.
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