M03-02-091
MINUTES OF THE TOWN COUNCIL/PARKING
AUTHORITY/REDEVELOPMENT AGENCY
MARCH 2, 2009
The Town Council of the Town of Los Gatos conducted a Regular Meeting on
Monday, March 2, 2009 at 7:00 P.M.
TOWN COUNCIL/PARKING AUTHORITY/REDEVELOPMENT AGENCY
ROLL CALL
Present: Mayor Mike Wasserman, Vice Mayor Diane McNutt, Council Member
Joe Pirzynski, Council Member Steve Rice, and Council Member Barbara
Spector.
Absent: None.
PLEDGE OF ALLEGIANCE/COMMENDATION - LOS GATOS MORNING
ROTARY
The Los Gatos Morning Rotary sang "God Bless America" and led the Pledge
of Allegiance. The audience was invited to participate .
Mayor Mike Wasserman presented the Los Gatos Morning Rotary with a
commendation for their contributions to the community.
Los Gatos Rotary President, Dan Lawson, thanked the Mayor and Council for
the recognition and invited the community to attend a Rotary Club meeting to
learn more about the organization.
CLOSED SESSION REPORT
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Government Code Section 54956.9[a])
Naymark et al. vs San Jose et al.
Mr. Korb stated that all Council Members were present and voted unanimously
to authorize an appeal on that matter.
CONFERENCE WITH REAL PROPERTY NEGOTIATOR
(Government Code Section 54956.8)
Property: APN 424.31.055
Negotiator: Greg Larson, Town Manager Under negotiation: Price and
terms
Mr. Korb stated that direction was given and no action was taken.
2
PRESENTATIONS
Proclamation - March for Meals Month
Mayor Mike Wasserman presented Regina Falkner, Director of
Community Services with a proclamation for the Meals on Wheels
program which serves less fortunate seniors in the community.
Ms. Falkner accepted the proclamation on behalf of Los Gatos Seniors
who benefit from the Meals on Wheels program.
Introduction/Presentation - Listowel Delegation
Mayor Mike Wasserman presented the “Key to the Town” to Mayoress
Maria Gorman and Jimmy Deenihan who were visiting on behalf of the
Town’s sister city Listowel, Ireland.
Mayoress Gorman and Mr. Deenihan thanked the Council for the
proclamation and the Town for the relationship it has sustained for many
years with Listowel.
Mayoress Gorman and Mr. Deenihan presented Mayor Mike
Wasserman and the Council Members, Greg Larson, Town Manager,
and Pamela Jacobs, Assistant Town Manager with gifts on behalf of the
Town of Listowel.
COUNCIL/TOWN MANAGER REPORTS
Council Matters
There were no Council Matters for this meeting.
Manager Matters
Mr. Larson, Town Manager
Commented on the Parent Project which is being coordinated by Santa
Clara County and Los Gatos Saratoga Recreation Department and will be
led by the Los Gatos-Monte Sereno Police Department.
Commented on the closure of Town Plaza Park beginning March 9, 2009
through April 30, 2009. The project will include storm drain turf
improvements.
TOWN COUNCIL
CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION)
1. Accept Investment Report for January 2009.
2. PPW Job No. 09-01 Civic Center HVAC Upgrades Project 821-2103
Adopt resolution approving plans and specifications for the HVAC
System Renovation and authorize staff to advertise the project for bid.
RESOLUTION 2009- 016
3
Consent Items – Continued
3. PPW Job No. 04-68 Roberts Road Bridge Reconstruction Project.
Adopt resolution authorizing Town Manager to execute an
amendment to the professional services agreement with Biggs
Cardosa Associates, Incorporated to provide design services for the
reconstruction of Roberts Road Bridge in the amount not to exceed
$181,800. RESOLUTION 2009-017
4. PPW Job No. 08-15 Highland/Jackson Culvert Reconstruction Project
461-816-0404. Adopt resolution accepting the work of Casey
Construction Company and authorizing the Town Manager to execute
a Certificate of Acceptance and Notice of Completion for recording by
the Clerk Administrator. RESOLUTION 2009-018
5. Adopt resolution authorizing the Town Manager to execute an
agreement with the County of Santa Clara relating to the goals and
objectives of the County Regional Public and Internal Notification
System. RESOLUTION 2009-019
TOWN COUNCIL/REDEVELOPMENT AGENCY
6. Approve Study Session and Council/Agency minutes of February 17,
2009.
Mr. Davis pulled Consent Item #6.
Mayor Mike Wasserman stated that pulled Consent Item #6 would be heard
prior to the vote to approve Consent Items.
PULLED CONSENT ITEM
6. Approve Study Session and Council/Agency minutes of February 17,
2009.
Mr. Davis
Stated that his comments in the minutes of February 2, 2009 relating
to interpretations from the Town Attorney and Community Development
Director for the Linda Avenue/Ross Creek project were not accurately
reflected.
4
Consent Items – Continued
MOTION: Motion by Council Member Joe Pirzynski to approve
Consent Items #1-6.
Seconded by Council Member Barbara Spector.
Council Member Steve Rice recused himself from Consent Item #4 due to the
location of his residence.
VOTE: Consent Items #1-3 and #5-7 carried unanimously.
Consent Item #4 carried 4/0. Council Member Steve Rice
recused himself from Consent Item #4 due to the
location of his residence.
VERBAL COMMUNICATIONS
Mr. Davis
Stated that he feels that Mayor Mike Wasserman’s comments were not
"brief" during the Public Comments portion of the February 2, 2009 Town
Council meeting and that the Mayor violated the Brown Act.
Commented that Attachment 4 of the Redevelopment Agency Plan speaks
about limited funding for community facilities and buildings.
Mr. Davis received his first warning for disrupting the meeting.
Mr. Korb, Town Attorney
Stated that in his opinion the comment made by Mayor Mike Wasserman
was brief and did not violate the Brown Act.
Clarified the Redevelopment Plan does provide for the construction and
development of public facilities including libraries.
TOWN COUNCIL
OTHER BUSINESS
7. Approve the Arts Commission recommendation regarding the future
oversight of Music in the Park concert series and authorize staff to
commence contract negotiations with Los Gatos Music & Arts
for Music in the Park coordination.
Staff report made by Regina Falkner, Director of Community Services.
5
Other Business Item #7 – Continued
Council Comments
Commented that the continuation of Music in the Park, the scope of
advertising and the size of the event should be addressed as part of the
contract negotiations.
Questioned if there have been discussions on the process to replace the
future vacancies of Los Gatos Music and Arts board members.
Commented that the Town would want to resume responsibility for Music
in the Park if needed in the future.
Commented that this arrangement would, in effect, license the Music in
the Park program.
Mr. Knowles
Clarified that the board is very strong with 22 members made up of people
who are committed to the Town which will ensure that these programs
continue.
Commented on the competency of the members which allows them to
effectively volunteer in multiple programs.
Commented that the Arts Commissioners believe that Music in the Park is
in jeopardy if this contract does not happen.
Clarified that there will not be a scenario where this will turn into a "for
profit" program.
Clarified that this contract will not change anything from the concert-goers
perspective.
Open and Closed Public Comment
Council Discussion
Commented in support of the Music in the Park program being
administered through a non-profit.
MOTION: Motion by Council Member Barbara Spector to approve
the Arts Commission recommendation regarding the future
oversight of Music in the Park concert series and authorize
staff to commence contract negotiations with Los Gatos
Music & Arts for Music in the Park coordination.
Seconded by Council Member Joe Pirzynski.
6
Other Business Item #7 – Continued
Council Discussion
Suggested the Town and community encourage acknowledgement to the
Arts Commissioners in 2009 for their final year of volunteering to promote
Music in the Park.
Would like to see a follow-up report after negotiations to ensure a quality
program.
VOTE: Motion passed unanimously.
ADJOURNMENT
Attest:
/s/ Jackie D. Rose, Clerk Administrator