M05-18-091
MINUTES OF THE TOWN COUNCIL/PARKING
AUTHORITY/REDEVELOPMENT AGENCY
MAY 18, 2009
The Town Council of the Town of Los Gatos conducted a Regular Meeting on
Monday, May 18, 2009 at 7:00 P.M.
TOWN COUNCIL/PARKING AUTHORITY/REDEVELOPMENT AGENCY
MEETING CALLED TO ORDER
ROLL CALL
Present: Mayor Mike Wasserman, Vice Mayor Diane McNutt,
Council Member Joe Pirzynski, Council Member Steve Rice,
Council Member Barbara Spector
Absent: None.
PLEDGE OF ALLEGIANCE/COMMENDATION
Los Gatos High School Field Hockey Team
Coach Henry Reyes and the Los Gatos Field Hockey Team Led the
Pledge of Allegiance. The audience was invited to participate.
Mayor Mike Wasserman presented a commendation to the Los Gatos
Field Hockey Team for their championship season and dedication to the
sport of Field Hockey.
PRESENTATION
Proclamation - Public Works Week
Mayor Mike Wasserman proclaimed the week of May 18, 2009 as Public
Works Week.
Todd Capurso, Director of Parks and Public Works accepted the
proclamation on behalf of the Town.
Mr. Capurso recognized Kevin Rohani, Steve Regan, Bruce Smith,
Janette Judd, Tim Kawasaki, Jared Blaskey who attended the meeting
from the Parks and Public Works Department and Ed Oyama, West
Valley Sanitation District.
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CLOSED SESSION REPORT
CONFERENCE WITH LEGAL COUNSEL
(Government Code Section 54956.9[a])
Ross Creek vs. Town of Los Gatos
Mr. Korb stated that direction was given and no action was taken.
CONFERENCE WITH REAL PROPERTY NEGOTIATOR
(Government Code Section 54956.8)
Property: APN 510-44-069 Robertson (224 W. Main)
APN 424-31-064 (930 University Avenue)
Negotiator: Greg Larson, Town Manager Under Negotiation: Price and
Terms of Payment
Mr. Korb stated that direction was given and no action was taken.
Mayor Mike Wasserman recused himself from the discussion regarding 224
West Main Street due to the location of his residence.
Council Member Barbara Spector recused herself from the discussion
regarding 930 University Avenue due to the location of her residence.
CONFERENCE WITH LABOR NEGOTIATOR
(Government Code Section 54957.6)
Town Negotiator (Lead): Rumi Portillo, Human Resources Director
Employee Organization: Police Officers’ Association (POA)
Mr. Korb stated that direction was given and no action was taken.
PUBLIC EMPLOYEE PERFORMANCE EVALUATION
(Government Code Section 54957)
Title: Town Attorney
Mr. Korb stated that direction was given and no action was taken.
CONFERENCE WITH LABOR NEGOTIATOR
(Government Code Section 54957.6)
Agency Negotiator: Rumi Portillo, Human Resources Director
Unrepresented Employee: Town Attorney
Mr. Korb stated that direction was given and no action was taken.
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TOWN COUNCIL
COUNCIL/TOWN MANAGER REPORTS
Council Matters
There were no Council Matters for this meeting.
Manager Matters
Mr. Larson
Recognized Rumi Portillo, Director of Human Resources for being
awarded the YWCA’s TWIN award.
Recognized Steve Conway, Director of Finance and the Town of Los
Gatos for receiving an AA+ bond rating from Standards and Poors, two
notches higher a the previous ranking.
Stated that only 3 cities in California had received a two notch upgrade.
CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION)
1. Ratify payroll for the month of April 2009
2. Ratify accounts payable for the month of April 2009
3. Accept Investment Report for February and March 2009
4. Adopt ordinance of the Town of Los Gatos amending the Town Code
effecting a zone change from R-1D:LHP to R-1:LHP:PD & RM:5-12:PD
for property located at 371 Los Gatos Boulevard. ORDINANCE 2174
5. Adopt resolution granting appeal of a Planning Commission decision
denying approval of a new single family residence on property zoned
HR- 2½. APN 527-56-010 Architecture and Site Application S-05-115
Property Location: 520 Santa Rosa Drive Property
Owner/Applicant/Appellant: Mac Sabieri and John Jahan.
RESOLUTION 2009-052
6. Adopt resolution authorizing Town Manager to execute amendment to
lease agreement between the Town of Los Gatos and the Los Gatos
Museum Association and amendment to Community Grant Agreement
by and between the Town of Los Gatos and The Los Gatos Museum
Association. RESOLUTION 2009-053
7. Adopt a resolution authorizing the Town Manager to amend an
agreement with Design, Community and Environment to include the
North 40 Specific Plan Update and a General Plan Overlay. Continued
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REDEVELOPMENT AGENCY
8. Ratify accounts payable for the month of April 2009
TOWN COUNCIL/REDEVELOPMENT AGENCY
9. Approve Council/Agency minutes of May 4, 2009
Council Member Barbara Spector
Pulled Consent Item #7 and noted the following corrections to #4 and #9:
Commented that the staff report for Item #4 should indicate that t here are
18 units not 19 units.
Commented that the Motions under Item #9 of the minutes should be
corrected to read "Give the home a one story appearance from the front
and a two story appearance from the back.”
Mr. Davis pulled Consent Items #9 and #3.
Mayor Mike Wasserman stated that the pulled Consent Items would be heard
after the Public Hearing.
MOTION: Motion by Council Member Barbara Spector to approve
Consent Items #1, #2, #4 - #6, and #8 with the following
correction:
The staff report for Item #4 should indicate that
there are 18 units not 19 units.
Seconded by Council Member Joe Pirzynski.
VOTE: Consent Items #1, #2, #5, #6, and #8 passed
unanimously.
Consent Item # 4 carried 3/1. Council Member Barbara
Spector Voted no. Council Member Joe Pirzynski had
recused himself from Item #4 due to the location of his
residence.
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VERBAL COMMUNICATIONS
Mr. Braga
Commented against the proposed asphalt sidewalk along Mitchell Avenue
and requested that the sidewalk be done in concrete.
Commented that a sidewalk would narrow the street and may present
safety hazards with school traffic.
Mr. Davis
Commented that the latest word from Mr. Capurso was that the
recommendation for asphalt sidewalks along Mitchell Avenue was
changed to recommend concrete sidewalks.
Ms. Laurence
Expressed concerns about petition gathers at Safeway on N. Santa Cruz
Avenue that are providing false information to the public regarding the
initiative’s effect on the proposed Library project.
Commented that the Library project is an asset to the Town.
Requested that Council help stop the spread of false information by the
petition gathers.
Ms. Garza
Commented on supporting the new sidewalk and would l ike to see it done
in concrete.
Commented that the sidewalk may provide safety for the students walking
to the school.
Mr. Larson
Clarified that there has been no final decision to build a concrete sidewalk.
Commented that staff has received notification of a grant that would cover
the cost of an asphalt sidewalk; however, because of concerns raised by
the community the Town will be soliciting estimates for a concrete
sidewalk option to present to the Council.
Closed Verbal Communications
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PUBLIC HEARINGS
10. Operating and Capital Budgets
a. Consider the Town of Los Gatos Proposed Operating and Capital
Budget for Fiscal Year 2009-2010
b. Consider the Town of Los Gatos Proposed Capital Improvement
Program for Fiscal Year 2009-2014
c. Adopt resolution finding a severe fiscal hardship will exist if
additional local property tax funds are seized and additional unfunded
mandates are adopted by the State of California.
RESOLUTION 2009-054
Staff report made by Greg Larson, Town Manager, Steve Conway, Director of
Finance, and Jenny Haruyama, Assistant Director of Finance.
Mr. Larson
Commented on the worldwide economic crisis and how it affects the
Town.
Commented that the Town responded quickly to the economic downturn
and is relatively strong due to past actions.
Commented about the $2.7 million in adjustments needed to balance the
budget.
Mr. Conway
Commented that the budget is a balanced budget.
Commented that revenues are $1 million below the estimates done
in March, 2008.
Commented on the updated five year forecast and the a ssumptions for a
slow recovery.
Commented on the need to include increased costs relating to the Town’s
Public Employee Retirement System (PERS) in the out years of the five-
year forecast.
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Public Hearing Item #10 – Continued
Mr. Larson
Commented that management salaries will be frozen for the second year
in a row.
Commented that the afternoon public counters closures in Business
License, Planning, Building, and Engineering will remain in effect.
Commented that the Economic Vitality position is an important asset for
the Town and will be filled by Jessica Von Borck.
Commented on the continued support of non-profits and special events in
Town.
Commented about the special projects that are on the staffs’ work plans
for the coming year.
Commented about the recommended reduction to the number of meetings
of various Boards and Commissions, excluding the Planning Commission.
Commented that the budget includes a list of donation opportunities for
the Town.
Commented on the current possible borrowing of Town property taxes
proposed by the State.
Council Comments
Requested an estimated cost and the funding source for upcoming
elections.
Mr. Larson
Clarified election that there are three portions of increased costs that the
Town would incur: first would be a special election which would cost the
Town between $110,000 and $140,000. If passed, the so called "Capital
Expenditure Fiscal Projects" measure would then require a second
election on the Library Project and if that were held the following June, the
estimated cost would be about $80,000.
Commented that those expenses are not budgeted, since the signatures
have not been certified. The Town Council would have to decide to
provide that $200,000 in funding through either drawing down the reserves
or cutting other services or projects that would be in the adopted budget.
Commented that the third fiscal impact would occur if the Library Project
were delayed more than a year; there would be roughly a $50,000 per
year loss in revenue to the Redevelopment Agency which would take
away about $600,000 in Redevelopment Agency funds that is counted on
for the Library project.
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Public Hearing Item #10 – Continued
Ms. Haruyama
Commented about the 2009-2014 Capital Improvement Projects (CIP)
Budget which includes the streets program, the parks program, and the
public facilities program.
Commented on the CIP development process and the key projects in FY
2009/10
Mr. Larson
Recognized the staff that worked on the budget this year.
Commented on the recommended actions for the proposed budget.
Open Public Hearing
Mr. Davis
Commented against the Library Project and the use of Redevelopment
Funds to build the Library.
Commented that the document in the CIP that explains the Library funding
states that the funding comes from the General Fund Reserve and
expressed concerns that Town staff is robbing “Peter to pay Paul.”
Commented that the Town’s investment portfolio is up to $81 million, with
$17.2 million in the discretionary fund.
Mr. Larson
Clarified the issues relating to the Library financing and that the source of
funds to pay the debt service would be paid by Redevelopment tax
increments, which is listed throughout the Capital Improvement and
operating budgets.
Highlighted that in terms of the fund balance increase, $6 million of the
funds are from Santa Clara County from the sale of the Town owned
property at Vasona Park to be used in the future for sports facilities and
the bulk of the remaining $2 million is for additional liabilities that the Town
has incurred for insurance, benefits, and vacation accrual pre-funding.
Closed Public Hearing
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Public Hearing Item #10 – Continued
Council Discussions
Questioned the recommendation to discontinue the grant for the Wildlife
Center and would like staff to make sure that the Town does not have a
decrease in wildlife services.
Expressed concerns about the lack of recycling bins in the downtown area
and supports the $20,000 expenditure to provide recycling to the
downtown.
Expressed concerns about an expenditure to provide a part time
position for a sustainability coordinator.
Suggested holding back on the expenditure for the sustainability
coordinator position until the General Plan update is complete.
Would like to make sure that the added fee for taxi cab services does not
interfere with the taxi services serving the disabled, senior, and
designated driver customers in the community.
Commented that the donation list should be "punch ed up" so that it
sounds exciting, specific, and appealing.
Commended the Town employees for their creativity to make the budget a
success and for their service to the public.
Mr. Larson
Clarified that the Wildlife Services Center has been a funded agency and
Town does give $2000 to the wildlife Services Center through the San
Jose Animal Center.
Commented that another $4,500 was previously provided by the Town for
people with Los Gatos addresses who bring animals to the Wildlife Center.
Commented that last year the applicant was requested to submit their
funding request directly through the Community Services Commission.
Instead the applicant decided to submit a separate $3,000 funding request
for marketing material that the Community Services Commission did not
fund. The application for the $4,500 was not reviewed by the Community
Services Commission.
Commented that if Council wishes to continue to fund the Wildlife Center
at its prior level, it is recommended that it be at $4,000 to reflect the
reduction that most of the non-profits agencies have also incurred.
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Public Hearing Item #10 – Continued
Council Discussion
Thanked Town staff for their ongoing effort to make the budget work.
Encouraged the Town to move forward with recycling co ntainers for the
downtown area.
Commented that the Los Gatos Green Leaf Committee has delivered to
the Town a report that compiled information from all over the nation with
regards to how other jurisdictions are dealing with recycling issues.
Commented about the grants and resources available through the Los
Gatos Green Leaf Committee.
Encouraged staff to come up with a donation list that is more specific
and includes specific dollar amounts.
Requested clarification on Page 2 of the staff report regarding the terms
used in the budget such as "aesthetics" and "health and safety" and
suggested that there should be a category in between.
Questioned the cuts to park maintenance services and signal
maintenance and questioned the relative dollar value to maintain these
services.
Commented that the Pavement Condition Index should be maintained at
the range of 74.
Commented against supporting a sustainability coordinator position at this
time.
Mr. Capurso
Clarified that the terms "aesthetics" and "health and safety" are used to
prioritize services.
Commented that "health and safety" issues are a higher level priority and
that there is a category called protective or preventative which is used as
an in-between category.
Clarified the different types of preventative maintenance for signal
maintenance.
Commented that some maintenance could be done on a single trip which
would be a more systematic approach with an estimated savings of about
$15,000 verses the current maintenance plan.
Commented that the cuts to parks maintenance would increase the time
frame to clean a park after a special event.
Commented that the dollar savings comes from the freezing of the
maintenance worker position.
Commented on the idea of reinstating the weekend work program.
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Public Hearing Item #10 – Continued
Council Discussion
Requested clarification on concrete testing budgeted in the CIP to identify
methods to resurface streets in the Almond Grove area.
Commended staff for the long term views to create a balanced budget.
Requested an update on management head counts over the years.
Mr. Capurso
Clarified the process for the concrete testing of the streets in the Almond
Grove.
Mr. Rohani, Town Engineer
Commented on the different types of tests which could be used and grant
funding that may be available from Caltrans to improve the streets and
sidewalks in the Almond Grove area.
Mr. Conway
Commented about the limited resources and the need for a dedicated
source for infrastructure funding.
Commented on the use of a benefit assessment district to raise funds for
infrastructure.
Council Discussion
Mayor Mike Wasserman recapped the suggestions brought forward this
evening.
Requested community support with the recycling program for the
downtown area.
Commented on supporting a more specific "punched up" donation list and
suggested adding the recycling bin program to the donation list.
Commented on maintaining the Town’s road system at a PCI of 74.
Commented that the growing newspaper racks in the downtown area are
an eye sore and are not maintained.
Commented on maintaining the same level of service through the Wildlife
Services Center and suggested funding the grant at $4,000 and to require
the center to distinguish between Town and non-Town residents.
Commented on the deferring consideration of a sustainability coordinator.
Mr. Larson
Clarified that staff has added the newspaper rack ordinance changes and
enforcement to the special projects list.
Clarified that staff will add the downtown recycling bin program to the
donation and solicitation list so that the Town can seek community
support.
Clarified that the sustainability coordinator was not included in the FY
2009/10 budget
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Public Hearing Item #10 – Continued
Consensus to direct preparation of the final budget with the following changes:
Funding Wildlife Center at $4,000 with instructions to distinguish between
Town and non-Town residents.
Translate the donation list into attractive public material and to add the
Recycling Bin program to the donation list.
Expressed support for the "Special Projects” list.
MOTION: Motion by Council Member Joe Pirzynski to approve the
following:
A. Approve the Town of Los Gatos proposed Operating and
Capital Budget for Fiscal Year 2009-2010 and direct
preparation of the final budget with:
Funding Wildlife Center at $4,000 with
instructions to distinguish between Town and
non-Town residents.
Translate the donation list into attractive public
material and to add the Recycling Bin program
to the donation list.
B. Approve the Town of Los Gatos proposed Capital
Improvement Program for Fiscal Year 2009-2014.
Seconded by Council Member Steve Rice.
VOTE: Motion passed unanimously.
MOTION: Motion by Council Member Joe Pirzynski to adopt
resolution finding a severe hardship will exist if additional
local property tax funds are seized and additional unfunded
mandates are adopted by the State of California.
Seconded by Council Member Steve Rice.
VOTE: Motion passed unanimously.
OTHER BUSINESS
There was no Other Business scheduled for this meeting.
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PULLED CONSENT ITEMS
7. Adopt a resolution authorizing the Town Manager to amend an
agreement with Design, Community and Environment to include the North
40 Specific Plan Update and a General Plan Overlay. Continued
Council Member Barbara Spector
Expressed concerns about the proposed funding to hire consultants for
the expansive undertaking of an overly plan for the North 40 as part of the
General Plan update.
Commented that there are many different zoning designations and
owners within the North 40 and an overlay may not be the best idea.
Commented that she supports the completion of the North 40 plan, but
does not support the funding for the consultants at this time.
Mr. Lortz
Clarified that this is an opportunity to link the General Plan and the North
40 Plan.
Council Comments
Commented against supporting the proposal to spend the money for the
consultant at this time.
MOTION: Motion by Vice Mayor Diane McNutt to continue Consent
Item #7 to a future date and to present the information in a
staff report that will give the three Council Members who are
not on the General Plan Committee an update on the
process and consideration on alternatives.
Seconded by Council Member Barbara Spector.
VOTE: Motion passed unanimously.
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Pulled Consent Items #3 and #9
3. Accept Investment Report for February and March 2009
9. Approve Council/Agency minutes of May 4, 2009
Mr. Davis
Commented that the investment report states that the Town has $81
million and is operating with a $17.2 million discretionary fund.
Commented about a public safety matter regarding a tree growing directly
in front of the sidewalk by Walgreen’s Pharmacy on N. Santa Cruz Avenue
and suggested moving the crosswalk or cutting the tree down.
Commented that his statement under Verbal Communications in the May
5, 2009, meeting minutes does not reflect an accurate account of his
comments.
MOTION: Motion by Council Member Steve Rice to approve
Consent Items #3 and #9 with the following corrections to
Item #9:
Commented that the Motions under Item #9 of the
minutes should be corrected to read "Give the
home a one story appearance from the front and a
two story appearance from the back."
Seconded by Council Member Barbara Spector.
VOTE: Motion passed unanimously.
ADJOURNMENT
Attest:
/s/ Jackie D. Rose, Clerk Administrator