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M02-19-081 MINUTES OF THE TOWN COUNCIL/PARKING AUTHORITY/REDEVELOPMENT AGENCY FEBRUARY 19, 2008 The Town Council of the Town of Los Gatos conducted a Regular Meeting on Tuesday, February 19, 2008 at 7:00 P.M. BOARD/COMMISSION/COMMITTEE INTERVIEWS - 6:45 P.M. Town Council Chambers, 110 E. Main Street, Los Gatos, CA  Transportation and Parking Commission - 1 Vacancy  Applicant - Erik Wilhelmsen TOWN COUNCIL/PARKING AUTHORITY/REDEVELOPMENT AGENCY MEETING CALLED TO ORDER - 7:00 P.M. ROLL CALL Present: Mayor Barbara Spector, Vice Mayor Mike Wasserman, Council Member Steve Glickman, Council Member Diane McNutt, and Council Member Joe Pirzynski. Absent: None. PLEDGE OF ALLEGIANCE - LED BY FUTURE LEADER Jonathan Keshishoglou, 8th grader at Rolling Hills Middle School led the Pledge of Allegiance. The audience was invited to participate. CLOSED SESSION REPORT CONFERENCE WITH LABOR NEGOTIATOR (Government Code Section 54957.6) Town Negotiator (Lead): Rumi Portillo, Human Resources Director Employee Organization: POA Negotiations Mr. Korb stated that direction was given and no action was taken . PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Government Code Section 54957) Title: Town Manager Mr. Korb stated that direction was given and no action was taken. 2 PRESENTATIONS Community/Business Recognition - Ervie Smith Mayor Barbara Spector presented Ervie Smith with a commendation, recognizing her many contributions to the community. Ms. Smith thanked the Town and community for the special recognition. Government Finance Officers’ Association Distinguished Budget Presentation Award for Fiscal Year 2007/08 Mayor Barbara Spector presented the Government Finance Officer’s Association Distinguished Budget Presentation Award to Steve Conway on behalf of the Town. Mr. Conway thanked Council and staff for all their support. TOWN COUNCIL CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION) 1. Ratify payroll for the month of January, 2008. 2. Ratify accounts payable for January, 2008. 3. Accept Treasurer’s Report for the month of December 2007. 4. Adopt resolution making determinations and approving the reorganization of territory designated Stephenie Lane No. 3, containing approximately .33 acres located at 16010 Stephenie Lane (APN 523-25-031). File #AN07-144. RESOLUTION 2008-010 5. PPW Job No. 07-05- FY 2007-08 - Curb, Gutter, and Sidewalk Repair and Replacement Project (411-813-9921) Adopt resolution accepting work of C.B. Construction Company and authorizing the Town Manager to execute Certificate of Acceptance and Notice of Completion for recording by the Clerk Administrator. RESOLUTION 2008-011 3 Consent Items – Continued 6. PPW Job No. 07-04 -FY 2007-08 - Annual Street Repair and Resurfacing Project (411-811-9901). a. Adopt resolution declaring G. Bortolotto & Company to be the lowest responsible bidder on the project and award a construction contract in the amount of $726,386.70. RESOLUTION 2008-012 b. Authorize staff to execute future change orders to the construction contract as necessary up to an amount of $100,000. 7. Adopt a resolution authorizing the Town Manager to execute agreement with Los Gatos Shopping Center and Five Dot Land and Cattle for a fire and emergency access easement agreement on the Town’s North Side Parking Lot (between Highway 9 and Andrews Street) (APN 529-07-060). RESOLUITION 2008-013 REDEVELOPMENT AGENCY 8. Ratify accounts payable for January, 2008. TOWN COUNCIL/REDEVELOPMENT AGENCY 9. Approve Council/Agency Minutes of February 4, 2008. Mr. Davis pulled Consent Items #3 and #9. Mayor Barbara Spector stated that the pulled Consent Items would be heard after other business. MOTION: Motion by Council Member Steve Glickman to approve Consent Items #1, #2, and #4-8. Seconded by Council Member Diane McNutt. VOTE: Motion passed unanimously. 4 VERBAL COMMUNICATIONS Mr. Davis  Commented that the Council led a march to defeat Measure D.  Commented that 4000 people voted to build a skate park for the community.  Commented that the Town treasury grew by $4 million in the last 4 months. Closed Verbal Communications OTHER BUSINESS - TOWN COUNCIL 10. Approve staff recommendations regarding Art Commission’s Music in the Park proposal. a. Free the Arts Commission from coordination and attendance obligations associated with the two July 4th concerts (the afternoon Symphony performance and the evening dance celebration). b. Regarding the Arts Commission’s request that the Town further underwrite the concert series costs ($5,000 for July 4th concerts and $4,000 for operational expenses), select one of the following options: (1) request the Arts Commission to include the above costs in its current budget; or (2) refer the funding request to the Fiscal Year 2008/09 budget process Staff report made by Regina Falkner, Director of Community Services. Council Comments  Questioned staff’s ability to take on the responsibility of the 4th of July event. Ms. Falkner  Commented that there is a team of people who work on the symphony concert including the Los Gatos High School Boosters, San Jose Wind Symphony and other organizations.  Commented that staff attends the event planning meetings and will play a larger role to accommodate the request of the Arts Commission. 5 Other Business Item #10 – Continued Public Comments Ms. O’Neill, Arts Commission/Chair  Requested that the Town take over the responsibility of raising funds for the July 4th Concert.  Commented that the Arts Commission has very little involvement with the event.  Requested that the Town take over the responsibility of the $4,000 which covers garbage clean-up and restroom maintenance during the Music in the Park events. Council Comments  Questioned if potential contributors would be discouraged from contributing if they knew that the Town would be covering the unfulfilled expenses.  Questioned the operational expenses for Music in the Park.  Clarified that the Arts Commission did not have a short fall in the past year. Mr. Knowles  Commented about the sponsorship process and believes that it is important for the Town to take a role in the Music in the Park program.  Commented about community funding for Music in the Park events.  Commented that the Town should manage the 4th of July event. Close Public Comments Council Discussion  Commented that the 4th of July event is an important part of the community.  Commended staff and the community for making the 4th of July a great event.  Commented about the funding provided to the Arts Commission for the event. 6 Other Business Item #10 – Continued MOTION: Motion by Vice Mayor Mike Wasserman to approve:  Staff recommendations to free the Arts Commission from coordination and attendance obligations associated with the two July 4th concerts (the afternoon Symphony performance and the evening dance celebration). Seconded by Council Member Joe Pirzynski. Council Discussion  Commented about increasing event expenses and that if the Arts Commission could not adequately fundraise for the MIP, the Town should provide assistance. VOTE: Motion passed unanimously. MOTION: Motion by Vice Mayor Mike Wasserman to refer the funding request to the Fiscal Year 2008/09 budget process. Seconded by Council Member Steve Glickman. VOTE: Motion passed unanimously. 11. Climate Protection Initiatives. a. Adopt a resolution authorizing the Town Manager to execute an agreement with Joint Venture: Silicon Valley Network for Government Operations Greenhouse Gas Emissions Inventory Assistance. RESOLUTION 2008-0014 b. Adopt a resolution authorizing the Town to become a member of the International Council for Local Environmental Initiatives (ICLEI). RESOLUTION 2008-015 c. Appoint the sitting Mayor as the Town’s elected official representative to ICLEI. d. Authorize staff to send a pledging letter to Sustainable Silicon Valley (SSV) indicating that the Town will set targets for CO2 Emissions reductions and report progress annually e. Approve recommended actions responding to the Community Services Commission suggestions Staff report made by Regina Falkner, Director of Community Services. 7 Other Business Item #11 – Continued Council Comments  Commented on the recommended actions to monitor the Town’s green efforts.  Clarification on developing and monitoring the Town’s Green Efforts by the sub-committee.  Questioned why the committee would sunset by the end of the year.  Questioned the current status of alternative fuel vehicles in Town. Mr. Larson  Commented that the Town currently owns 3 green vehicles in its fleet. Public Comments Mr. Bourgeois  Commented about the sunset date of the sub-committee.  Suggested that the Council create an advisory committee that continues beyond a year. Mr. Davis  Commented that forming a committee is a good approach.  Stated that the neighboring cement factory is the second major emitter of carbon dioxide in the Bay Area. Mr. Sawyer  Stated that nuclear power is a green source for energy savings.  Commented about the use of nuclear power in California.  Requested that the Town support nuclear power as a source of energy. Closed Public Comments 8 Other Business Item #11 – Continued Council Discussion  Suggested that staff report to Council at the end of the year about the progress of the sub-committee.  Commented that the issue of nuclear power should be referred to the sub- committee. MOTION: Motion by Council Member Joe Pirzynski to: a. Adopt a resolution authorizing the Town Manager to execute an agreement with Joint Venture: Silicon Valley Network for Government Operations Greenhouse Gas Emissions Inventory Assistance. b. Adopt a resolution authorizing the Town to become a member of the International Council for Local Environmental Initiatives (ICLEI). c. Authorize the Mayor to be the appointing authority as the Town’s elected official representative to ICLEI. d. Authorize staff to send a pledge letter to Sustainable Silicon Valley (SSV) indicating that the Town will set targets for CO2 Emission reductions and report progress annually. e. Approve recommended actions responding to the Community Services Commission suggestions. And to include:  Direction that staff report to Council in November, 2008 regarding progress and status of the sub-committee.  Request that the sub-committee consider the issue of nuclear power. Seconded by Vice Mayor Mike Wasserman. VOTE: Motion passed unanimously. 9 PUBLIC HEARING 12. Adoption of a resolution continuing certain department fees, rates and charges, and amending certain fees, rates and charges for Fiscal Year 2008/09. RESOLUTION 2008-016 Staff report made by Steve Conway, Director of Finance. Council Comments  Questioned if fees associated with solar panel installation could be capped. Mr. Larson  Clarified that solar panel fees could be considered as part of a more comprehensive analysis of energy conservation measures . Open Public Hearing Mr. Davis  Commented that his appeal request was denied because he refused to pay a portion of the appeal fee required to transcribe the Planning Commission minutes.  Commented that he believes he should not be required to pay that fee. Closed Public Hearing Council Discussion Suggested amending motion to refer the issue of reducing solar panel fees to the Green Sub-committee. MOTION: Motion by Council Member Joe Pirzynski to adopt a resolution continuing certain department fees, rates and charges, and amending certain fees, rates and charges for Fiscal Year 2008/09 and to refer the issue of reducing solar panel fees to the Green sub- committee. Seconded by Council Member Diane McNutt. VOTE: Motion passed unanimously. 10 OTHER BUSINESS - TOWN COUNCIL/REDEVELOPMENT AGENCY 13. A. 2007-08 Mid-Year Budget Performance and Status Report - Six Months Ending December 31, 2007. (1) Accept 2007/08 Mid-Year Second Quarter Budget Performance Status Report Including Fiscal Year 2008/13 - Five Year Financial Projections (2) Authorize Budget Adjustment as recommended in the Second Quarter Budget Performance Report. Staff report made by Greg Larson, Town Manager and Steve Conway, Director of Finance. Council Comments  Clarified the cost of the 22 de-funded positions.  Questioned if the two Certificates of Participation (COP) should be paid off now rather than in four years.  Questioned if the increased Transient Occupancy Tax (TOT) associated with the hotel renovation was factored into the budget.  Expressed support for the school resource officer position.  Requested clarification of the impacts of the GASB 45 requirements. Mr. Conway  Clarified the GASB 45 formula and how it will impact the Town’s budget.  Commented that the TOT funding for the renovated hotel was built into the budget. Mr. Larson  Commented on state and local government budget impacts. B. Accept Economic Vitality Report Update. Staff report made by Danielle Surdin, Economic Vitality Manager. Council Comments  Questioned the vacancy rates of other Bay Area cities. 11 Other Business Item #13 – Continued Open Public Comment Mr. Davis  Commented that the Town earns $4 million in interest and that the Town could fund a skate park. Closed Public Comment Council Discussion  Commented that the Town’s contribution toward retired sworn personnel is expected to remain at historically high levels and is approximately 34% of payroll.  Commented on health care costs and that they continue to increase by 10-14% annually.  Commented on the AB 2544 requirement and that the Town will be required to fund an additional $1 million over 6 years to cover post retiree medical reimbursements.  Commented that GASB 45 requires the Town to accrue an annual expense above actual retiree medical expenditures.  Commented that the cost to maintain the Town’s infrastructure is $1.5 million annually.  Commented that the Town is not flush in money and commended staff on their expert knowledge of the Town’s budget.  Questioned off street parking on the east side of Blossom Hill Road and if the project is part of the budget.  Commented on national health plans and their potential impact on healthcare costs.  Commented that the Library project should be approved by the community.  Commented on internet retail and the potential loss of income and impacts to Town services.  Questioned if staff has a strategy if there is a loss due to changes in the internet retail business.  Would like to see a dedicated funding source to maintain the $1.5 million annual costs for infrastructure maintenance. Mr. Larson  Clarified that staff will be reviewing several projects including Blossom Hill Road as part of the Capital Improvement Plan (CIP) development and will be brought forward to Council as part of the budget adoption. 12 Other Business Item #13 – Continued Mr. Conway  Commented that a 5% adjustment would need to be made to the budget to make up for any lost internet business revenue. MOTION: Motion by Council Member Diane McNutt to accept: A. 2007/08 Mid-Year Second Quarter Budget Performance Status Report Including Fiscal Year 2008/13 - Five Year Financial Projections and authorize Budget Adjustment as recommended in the Second Quarter Budget Performance Report. B. Economic Vitality Report Update. Seconded by Vice Mayor Mike Wasserman. Council Discussion  Commented on the cost of healthcare and suggested that staff evaluate impacts of a nationwide healthcare plan.  Questioned the cost of the Library and suggested that it be at the approval by the community.  Commented on the GASB 45 costs.  Commented on internet retail and the needs for strategic planning as it relates to the budget.  Commented on infrastructure costs and shortfalls.  Suggested that staff evaluate dedicated funding source opportunities that could support the Town’s infrastructure costs. Mr. Conway  Commented that staff is making progress on exploring ways to fund the infrastructure costs. VOTE: Motion passed unanimously. 13 PULLED CONSENT ITEMS 3. Accept Treasurer’s Report for the month of December 2007. Mr. Davis  Commented that the Town’s investment portfolio grew by $4 million from November 2007 to December 2007. MOTION: Motion by Vice Mayor Mike Wasserman to accept Treasurer’s Report for the month of December 2007. Seconded by Council Member Joe Pirzynski. VOTE: Motion passed unanimously. 9. Approve Council/Agency Minutes of February 4, 2008. Mr. Davis  Commented that his statement under verbal communications was not presented correctly on February 4, 2008.  Commented that he believes that the law was broken when petitions were copied by the Clerk Department. MOTION: Motion by Council Member Joe Pirzynski to approve the minutes of February 4, 2008. Seconded by Vice Mayor Mike Wasserman. VOTE: Motion passed unanimously. COUNCIL/TOWN MANAGER REPORTS 14. Council Matters Mayor Barbara Spector  Commented about LEED certification and LEED analysis related to the Police Building.  Questioned if the Council and Planning Commission could receive that information without it being a condition of approval. Mr. Larson  Clarified that staff did reference the Planning Commission’s recommendation in the staff report and committed to do a self documentation per LEED certification criteria. 14 Council Matters – Continued Mayor Barbara Spector  Expressed that a stand alone self-documentation would be fine. Council Member Steve Glickman  Clarification about comments made relating to the petitions to place the skate park measure on the ballot. Orry Korb, Town Attorney  Clarified that the matter had been turned over to the District Attorney and District Attorney’s office has not released their report.  Commented that the Clerk Administrator has not confessed to a crime, and that the statement is a gross exaggeration.  Commented that the Elections Code and Public Records Act require that there be the intent to misuse the documents and that would be the matter under investigation.  Commented that he is confident that the result will end in exoneration. Council Member Mike Wasserman  Commented that he agreed with the LEED criteria information discussed this evening. Mayor Barbara Spector  Questioned if LEED criteria would be brought back to Council as a stand alone item. Greg Larson, Town Manager  Commented that staff will apply the LEED standards and conduct a self- application on those standards for the police building and report that back to the Council. Council Member Mike Wasserman  Presented an update about Santa Clara County Water Commission's report on reservoir levels in the Bay Area. 15 15. Manager Matters Mr. Larson  Reported on the status of projects associated with Wedgewood Road.  Commented that Wedgewood Road to Wimbleton Avenue and Mulberry are part of the current CIP and that there is tentative agreement with the adjacent property owners regarding improvements as specified in the existing CIP.  Commented that staff has previously considered projects for Wedgewood Road beyond Mulberry to Granada Way involving the sharp curve.  Commented that the Town has had discussions with Santa Clara Water District and VTA, and will continue to seek out funding opportunities.  Commented that the portion of Wedgewood Road beyond Mulberry is on Santa Clara Valley Water District land and is not a municipal right-of-way. ADJOURNMENT Attest: /s/Jackie D. Rose, Clerk Administrator