M04-06-061
MINUTES OF THE TOWN COUNCIL/PARKING
AUTHORITY/REDEVELOPMENT AGENCY
APRIL 6, 2009
The Town Council of the Town of Los Gatos conducted a Regular Meeting on
Monday, April 6, 2009 at 7:00 P.M.
MEETING CALLED TO ORDER
TOWN COUNCIL/PARKING AUTHORITY/REDEVELOPMENT AGENCY
ROLL CALL
Present: Mayor Mike Wasserman, Vice Mayor Diane McNutt,
Council Member Joe Pirzynski, Council Member Steve Rice,
Council Member Barbara Spector
Absent: None.
Mayor Mike Wasserman honored the passing of a lifetime Los Gatan and long
time Los Gatos Lion, Reed Graham.
PLEDGE OF ALLEGIANCE/COMMENDATION
The Los Gatos Rotary Club led the Pledge of Allegiance. The audience was
invited to participate.
Mayor Mike Wasserman presented a commendation to the Rotary Club for
their dedication and community service to the Town.
Ms. Cilker-Smith, Los Gatos Rotary President
Thanked the Town for the commendation and encouraged the community to
volunteer.
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PRESENTATIONS
Proclamations
Keep Los Gatos Beautiful Month
Mayor Mike Wasserman proclaimed the month of April as Keep Los Gatos
Beautiful Month.
Regina Falkner, Director of Community Services
Accepted the proclamation on behalf of the Town and encouraged the
community to visit the Town’s website for more information on Keeping
Los Gatos Beautiful month.
Arbor Day
Mayor Mike Wasserman proclaimed April 24, 2009 as Arbor Day in the
Town of Los Gatos.
Todd Capurso, Director of Parks and Public Works
Accepted the proclamation on behalf of the Town and invited the
community to attend the tree planting ceremony on April 24, 2009 at La
Rinconada Park.
Presentation
Government Finance Officers Association - Distinguished Budget
Presentation Award
Mayor Mike Wasserman presented the Town with the Government Finance
Officers Association - Distinguished Budget Presentation Award.
Steve Conway, Director of Finance
Accepted the award on behalf of the Town of Los Gatos and thanked
Town staff for all their work on the budget.
CLOSED SESSION REPORT
CONFERENCE WITH REAL PROPERTY NEGOTIATOR
(Government Code Section 54956.8)
Property: APN 527-25-005 - Mulberry School APN 527-34-075 - Union
School District APN 421-14-070 - Union School District APN 419-35-082 -
Union School District APN 424-18-035 - San Jose Water Company Santa
Clara Valley Water District Parcels Caltrans Parcels APN 510-44-069 - Main
Street/Housing/Parking
Negotiator: Greg Larson, Town Manager
Under Negotiation: Price and terms
Mr. Korb stated that direction was given and no action was taken.
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COUNCIL/TOWN MANAGER REPORTS
Council Matters
Council Member Joe Pirzynski
Commented about the earthquake in Italy and asked if there was
Council interest to request a report from staff on the current status of the
CERT program.
Consensus was given to direct staff to bring forward a status report on
the CERT program.
Mr. Larson, Town Manager
Commented that a review of the Emergency Operations Plan is scheduled
for the April 20, 2009 Town Council meeting and that a CERT program
status report may be brought forward on that agenda.
Manager Matters
Mr. Larson
Commented that the Town mailed an information postcard to all residents
and businesses to announce the closure of the Community Hospital. The
postcard also provided information for alternate locations during the
closure.
Commented that the Parks and Public Works Department will be covering
signage to reflect the closure at locations surrounding the Community
Hospital.
Commented that the Los Gatos-Monte Sereno Police Chief received a
letter from the California Commission of Peace Officers Standards and
Training (POST) awarding the department with the 2009 Robert Preston
Institute of Criminal Investigation, Investigative Award for the “Achilli’s
Murder for Hire” investigation.
TOWN COUNCIL
CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION)
1. Approve March 7, 2009 Council Retreat Minutes.
2. PPW Job. No. 09-01 - HVAC System Renovation Project 411-821-2103.
a. Adopt resolution declaring Therma Corporation to be the lowest
responsible bidder on the project and award a construction contract
in the amount of $358,029. RESOLUTION 2009-024
b. Authorize staff to execute future change orders to the contract as
necessary up to an amount of $18,000.
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Consent Items – Continued
3. Landscape and Lighting Assessment Districts No. 1 & 2. Adopt
resolution describing improvements and directing preparation of
Town Engineer’s Report for Fiscal Year 2009-2010.
RESOLUTION 2009-025
4. Adopt resolution authorizing application to LAFCO for West Parr
Avenue Town limits boundary realignment. RESOLUTION 2009-026
5. State-Legislated Safe Route to Schools, Blossom Hill Road Sidewalk
and Bicycle Lane Project Adopt resolution authorizing Town Manager
to apply for Grant Funds for State-Legislated Safe Routes to School
Program. RESOLUTION 2009-027
6. Allocation of Community Grant Funds for Fiscal Year 2009/10
a. Approve the Community and Arts General Fund Grant Allocations for
inclusion in the 2009/10 Operating Budget
b. Adopt a resolution allocating FY 2009/10 Community Development
Block Grant (CDBG) Funds; and RESOLUTION 2009-028
c. Refer review of any requests for additional Community Grant Funds
to the FY 2009/10 Operating Budget Process
7. Adopt resolution authorizing the Town Manager to execute the grant
agreement by and between the Town of Los Gatos and a Place for
Teens and Los Gatos-Saratoga Community Education and Recreation
2009-2012. RESOLUTION 2009-029
8. Adopt resolution setting date for consideration of reorganization of an
uninhabited area designated as Englewood Avenue No. 8,
approximately .17 acres located at 16561 Englewood Avenue (APN:
532-07-022); File #AN09-01. RESOLUTION 2009-030
TOWN COUNCIL/REDEVELOPMENT AGENCY
9. Approve Council/Agency minutes of March 16, 2009.
10. Accept the 2007/08 Comprehensive Annual Financial Report (CAFR)
and Management Letter.
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Consent Items – Continued
11. PPW Job No. 07-22 - Los Gatos/Monte Sereno Police Operations
Building Project Project 821-2401 Adopt resolution authorizing Town
Manager to execute an amendment to the professional services
agreement with Ross Drulis Cusenbery Incorporated to provide
construction support services in an additional amount not to exceed
$10,020.00 RESOLUTION 2009-031
12. PPW Nob No. 07-22 - Los Gatos/Monte Sereno Police Operations
Building Project 821-2401.
a. Adopt resolution declaring Inside Source, Incorporated to be the
lowest responsible bidder and award a purchase and installation
contract for furniture in the amount of $93,312.00.
RESOLUTION 2009-032
b. Authorize staff to execute future change orders to the contract as
necessary up to an amount of $6,000.00.
Council Member Joe Pirzynski pulled Consent Item #6.
Mr. Davis pulled Consent Items #5 and #10.
Mayor Mike Wasserman stated that the Pulled Consent Items would be heard
after the Public Hearings.
MOTION: Motion by Council Member Barbara Spector to approve
Consent Items #1-4, #7-9, and #11 and #12.
Seconded by Council Member Steve Rice.
VOTE: Motion passed unanimously.
VERBAL COMMUNICATIONS
Mr. Davis
Commented that he did not agree with Mayor Mike Wasserman’s
comments relating to a colonoscopy which were made during the
presentations at the March 16, 2009 Town Council meeting.
Commended Ms. Rooney, Director of Community Development and Mr.
Capurso, Director of Parks and Public Works for joining the Town staff.
Commented that the Town is misusing Redevelopment Agency funds to
build a new Library and that he will be filing a complaint with the District
Attorney's Office.
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Verbal Communications – Continued
Mr. Silva
Thanked the Town for cleaning up the trees from Highway 9 to Blossom
Hill Road.
Closed Verbal Communication
TOWN COUNCIL
PUBLIC HEARINGS
13. Consider adoption of a resolution continuing certain department fees,
rates and charges, and amending certain fees, rates and charges for
Fiscal Year 2009/2010. RESOLUTION 2009-033
Staff report made by Steve Conway, Director of finance.
Council Comments
Requested clarification on the different per hour fees for certain parks.
Mr. Capurso, Director of Parks and Public Works
Clarified that the fees are associated with costs per event for the different
parks which include labor associated with clean-up of the picnic areas.
Council Comments
Expressed concern that the fees are high for events such as children’s
parties and would like to see the fee remain at $75.00 per hour for
residents.
Open Public Hearing
Mr. Davis
Commented that the appeal fees for land use applications are too high
and that General Law cities should follow the state regulations.
Commented that the high fees for land use applications and appeals fees
associated with the applications scare homeowner associations from
building in Town.
Closed Public Hearing
Council Discussion
Questioned if the alarm registration fees are associated with cost
recovery.
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Public Hearing Item #13 – Continued
Chief Scott Seaman, Los Gatos-Monte Sereno Police Department
Clarified that there is a cost recovery associated with officer time to
respond to false alarms.
Commented that there is also staff time associated with registration and
updating alarm information.
Commented that false alarm and registration demands are a significant
drain on police departments and studies show more and more cities are
adding fees for registration and charging for false alarms.
Council Discussion
Suggested that there be a fee charged to every false alarm rather than
penalizing the residents who register their alarms with the police
department.
Questioned if the fees would be applied to everyone who has an alarm.
Chief Scott Seaman
Clarified that the fee would be charged for the third false alarm to which
officers had to respond.
MOTION: Motion by Vice Mayor Diane McNutt adopt a resolution
continuing certain department fees, rates and charges, and
amending certain fees, rates and charges for Fiscal Year
2009/2010 as referenced in Attachment 2 of the staff report
with the exception to maintain the park use permit fee for
residents only at its current rate of $75.00 per hour.
Seconded by Council Member Joe Pirzynski.
Council Discussion
Commented that cost recovery should be a set policy across the board
and that the analysis done by staff is accurate.
Commented on supporting staff recommendations.
Commented on supporting the cost analysis for the non -resident fees and
would like to see the resident fee remain at $75.00.
Questioned which parks are associated with the park reservation fees.
Mr. Capurso
Clarified that Oak Meadow is the only park with reservable picnic areas.
Commented that the fee resolution also allows special use permits for the
use of almost any facility.
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Public Hearing Item #13 – Continued
Council Discussion
Requested amending the motion to eliminate the $30.00 alarm registration
fee for all residences and to add a fee of $50.00 for the second false
alarm.
MOTION: Motion by Mayor Mike Wasserman to amend the main
motion to include eliminating the $30.00 alarm registration fee for all
residences and to add a fee of $50.00 for the second false alarm.
Seconded by Council Member Steve Rice.
VOTE: Motion carried 4/1. Council Member Joe Pirzynski voted
no.
AMENDED
MOTION: Motion by Mayor Mike Wasserman to adopt a resolution
continuing certain department fees, rates and charges, and
amending certain fees, rates and charges for Fiscal Year
2009/2010 with two changes:
Maintain the park use permit fee for "residents
only" at its current rate of $75.00 per hour.
Eliminate the $30.00 alarm registration fee for all
residences and to add a fee of $50.00 for the
second false alarm.
Seconded by Council Member Steve Rice.
VOTE: Motion failed 2/3. Mayor Mike Wasserman and Vice
Mayor Diane McNutt voted yes.
MOTION: Motion by Council Member Barbara Spector to adopt a
resolution continuing certain department fees, rates and
charges, and amending certain fees, rates and charges for
Fiscal Year 2009/2010 and to include the change to:
Eliminate the $30.00 alarm registration fee for all
residences and to add a fee of $50.00 for the second
false alarm.
Seconded by Council Member Steve Rice.
VOTE: Motion carried 3/2. Vice Mayor Diane McNutt and
Council Member Joe Pirzynski voted no.
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Public Hearings - Continued
14. Consider adopting resolution initiating the reorganization of the
uninhabited territory known as Arnerich Road No. 2 to the Town of
Los Gatos, setting the matter for a hearing on May 4, 2009, and
directing mailing, posting and publishing of notices of the hearing for
property pre-zoned RC and HR-20. Annexation Application AN08-003.
APNs: 537-11-009 & 030, 537-17-018, 015, 020, 021, 024, 027 & 032.
RESOLUTION 2009-034
Staff report made by Jennifer Savage, Planner
Open Public Hearing
Mr. Kokinos
Presented a power point presentation against the annexation.
Commented that the annexation is in direct violation of LAFCO’s policies,
because it creates an island.
Commented that he would like staff to consider putting together a
response and boundary map and provide that at the next Public Hearing
for the proposed annexation.
Ms. Pastorino
Commented on supporting the proposed annexation.
Commented that she has recently been annexed into the Town and enjoys
the services that the Town provides.
Ms. Puette
Commented on supporting the proposed annexation.
Mr. Puette
Commented on supporting the proposed annexation and stated that he
would like to enjoy the Town’s services.
Ms. Perzow
Commented on supporting the proposed annexation and stated that she
would like to enjoy Town services.
Mr. Barth
Commented on supporting the proposed annexation and stated that he
would like to enjoy Town services.
Commented that the proposed annexation does not create an island.
Closed Public Hearing
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Public Hearing Item #14 – Continued
Council Discussion
Requested that the staff report for the next Public Hearing include the
issue of peninsula verses island and LAFCO's policies for
islands/peninsulas.
MOTION: Motion by Council Member Barbara Spector to adopt
resolution initiating the reorganization of the uninhabited
territory known as Arnerich Road No. 2 to the Town of Los
Gatos, setting the matter for a hearing on May 4, 2009, and
directing mailing, posting and publishing of notices of the
hearing for property pre-zoned RC and HR-20. Annexation
Application AN08-003. APNs: 537-11-009 & 030, 537-17-
018, 015, 020, 021, 024, 027 & 032 and request that
the staff report for the next Public Hearing include the
issue of peninsula verses island and LAFCO’s policies for
islands/peninsulas.
Seconded by Council Member Joe Pirzynski.
VOTE: Motion passed unanimously.
Mayor Mike Wasserman called for a recess at 8:40 p.m. Meeting resumed at
8:45 p.m.
PULLED CONSENT ITEMS
6. Allocation of Community Grant Funds for Fiscal Year 2009/10
a. Ap prove the Community and Arts General Fund Grant Allocations for
inclusion in the 2009/10 Operating Budget
b. Adopt a resolution allocating FY 2009/10 Community Development
Block Grant (CDBG) Funds; and RESOLUTION 2009-028
c. Refer review of any requests for additional Community Grant Funds
to the FY 2009/10 Operating Budget Process
Council Member Joe Pirzynski
Requested clarification on the three recommendations listed in the staff
report and desk item.
Questioned why some of staff recommendations exceed the amounts
being requested by the applicants.
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Pulled Consent Item #6 – Continued
Mr. Falkner, Director of Community Services
Clarified that the three alternatives in the report were from the Community
Services Commission and the Arts Commission.
Clarified that Alternative 1 was the recommended grant options,
Alternative 2 was recommendations with a 4% reduction, and Alternative
3 was recommendations with an 8% reduction.
Commented that staff recommends alternative 2 which represents a 4%
reduction to the grant applications due to reduction in federal CDBG
funding.
Clarified that the applicants were requested to reduce their grant
application and that some agencies did not do that.
Commented that staff recommendations were based on the General Fund
dollars that were provided last year to the program and consideration that
some of the agencies did not comply with the request to reduce the grant
application.
Council Comments
Requested clarification why some agencies show that they requested zero
funds and were recommended to receive a grant fund.
Ms. Falkner
Clarified that those agencies receive funding from both the General Fund
and Community Development Block Grant funds; their totals are combined
under one recommendation.
Open/Close Public Hearing
MOTION: Motion by Vice Mayor Diane McNutt to approve the
allocation of Community Grant Funds for Fiscal Year
2009/10 using the staff recommendations as stated in the
Desk Item.
Seconded by Council Member Joe Pirzynski.
VOTE: Motion passed unanimously.
MOTION: Motion by Mayor Mike Wasserman to adopt a resolution
allocating FY 2009/10 Community Development Block Grant
(CDBG) Funds. (Attachment 2 of the staff report)
Seconded by Vice Mayor Diane McNutt.
VOTE: Motion passed unanimously.
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Pulled Consent Items - Continued
5. State-Legislated Safe Route to Schools, Blossom Hill Road Sidewalk and
Bicycle Lane Project Adopt resolution authorizing Town Manager to apply
for Grant Funds for State-Legislated Safe Routes to School Program.
RESOLUTION 2009-027
10. Accept the 2007/08 Comprehensive Annual Financial Report (CAFR)
and Management Letter.
Mr. Davis
Consent Item #5
Commented that the Town has previously received a $470,000 grant for
this project.
Commented that there is a safety issue along Mitchell Avenue by Fisher
School and that he would like to see those grant funds be allocated to
sidewalks along Mitchell Avenue first.
Consent Item #10
Commented about the CAFR report and that the CAFR report should
show the amount of money in the Discretionary Fund.
Commented that the Discretionary Funds are being hidden in a lump sum
and that the capital worth of the infrastructure has been added to the
report to disguise the Discretionary Fund.
Questioned the amount of the current Discretionary Fund.
MOTION: Motion by Council Member Barbara Spector to approve
Consent Items #5 and #10.
Seconded by Council Member Joe Pirzynski.
VOTE: Motion passed unanimously.
Mr. Larson
Commented that the Town is aware of the issues on Mitchell Avenue and
that the contract for improvements to that street will be coming to Council
on May 4, 2009.
Commented that the CAFR as presented by the finance director follows all
regulations and requirements of the National Accounting Boards that
specify how the Town's funds and reserves are to be presented.
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OTHER BUSINESS
There is no Other Business scheduled for this meeting.
ADJOURNMENT
Attest:
/s/ Jackie D. Rose, Clerk Administrator