M04-19-101
MINUTES OF THE TOWN COUNCIL/PARKING
AUTHORITY/REDEVELOPMENT AGENCY
APRIL 19, 2010
The Town Council of the Town of Los Gatos conducted a Regular Meeting on
Monday, April 19, 2010 at 7:00 P.M.
TOWN COUNCIL/PARKING AUTHORITY/REDEVELOPMENT AGENCY
MEETING CALLED TO ORDER
ROLL CALL
Present: Mayor Diane McNutt, Vice Mayor Joe Pirzynski,
Council Member Steve Rice, Council Member Barbara Spector
Absent: Council Member Mike Wasserman
PLEDGE OF ALLEGIANCE
Carleen Markey, Lexington Elementary School
• Ms. Markey led the Pledge of Allegiance. The audience was invited to
participate.
PRESENTATIONS
Proclamations
Arbor Day
• Mayor Diane McNutt proclaimed April 30, 2010 as the Town’s Arbor Day.
• Barbara Holden, Parks Commissioner and Rob Moulden, Town Arborist
accepted the proclamation on behalf of the Town.
• Commented that this year is the Town’s 30th year as Tree City USA.
Paint Our Town Purple/Los Gatos Relay for Life Day
• Mayor Diane McNutt proclaimed May 1, 2010 as Paint Your Town Purple
Day and July 31, 2010 as Relay for Life Day.
• Ellen Graff and Rosalie Patterson accepted the proclamation on behalf
of the American Cancer Society.
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CLOSED SESSION REPORT
There is no Closed Session scheduled for this meeting.
TOWN COUNCIL
COUNCIL/TOWN MANAGER REPORTS
Council Matters
Council Member Joe Pirzynski
• Reported on attending the Silicon Valley Leadership Group CEO Business
Climate Summit.
• Commented that the business climate is improving and that Santa Clara
County may be the county that will lead in the recovery for the Bay Area.
• Commented that the economy is growing stronger and that may help the
budget process for the future.
Mayor Diane McNutt
• Reminded the community about nominations for the Town’s Senior of
Distinction Award.
• Commented that more information may be found on the Town's website
and the nomination deadline is May 21, 2010.
• Commented about a group of Los Gatos High School musicians that were
laid over in Munich due to the Icelandic volcano eruption. The students
played “Pachelbel” in the airport. This caught the attention of the German
media and they were offered a free place to stay.
Manager Matters
Mr. Larson
• Commented on the success of the prescription drop-off that was held last
Saturday. The Town collected three or four garbage bags full of
prescription drugs that will not end up in the Bay or taken to the landfill.
• Commented that the Town will be holding a Community Forum on the
General Plan Update at the Los Gatos Adult Recreation Center on
Wednesday, April 21, 2010 from 4:30 - 6:30 P.M.
• Commented that on Thursday, April 22, 2010 in conjunction with Earth
Day, the Library will be hosting "Wild Things," a show for children that
consist of small animals and education about those animals.
• Commented that the Town is hosting a volunteer recognition event on
Tuesday, April 27, 2010.
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Did You Know…?
Mr. Moulden, Town Arborist
• Commented that the Town has over 20,000 trees located in streets, parks,
and on civic grounds and that the Town supplies free trees to residents for
medians and right-of-ways.
• Commented that more information about the tree programs can be found
at www.losgatosca.gov.
CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION)
1. Approve Council Retreat minutes of February 20 and April 5, 2010.
2. Proposition 1B Local Streets and Roads Funds Application for Fiscal
Year 2009/10
a. Adopt a resolution authorizing application for Proposition 1B Local
Streets and Roads Funds for Fiscal Year 2009/10
RESOLUTION 2010-038
b. Upon confirmation of State approval, authorize appropriation of
funding to the Curb, Gutter, and Sidewalk Replacement Project (411-
813-9921)
3. Transportation Development Act (TDA) - Article 3 Funding Allocation
For FY 2010/11 Adopt resolution authorizing the Town Manager to
apply for Transportation Development Act (TDA) Article 3 Funds for
Fiscal Year 2010/11 from The Metropolitan Transportation
Commission. RESOLUTION 2010-039
4. Storm Water Management Budget - Approve the Fiscal Year 2010/11
Storm Water Management Budget and authorize the West Valley
Sanitation District to collect program related fees on behalf of the
Town of Los Gatos.
5. Tract No. 9910 - Bella Vasona (17005 and 17017 Roberts Road) - Adopt
resolution accepting work of Eden Homes LLC, and authorizing the
Town Manager to execute Certificate of Acceptance and Notice of
Completion for recording by the Clerk Administrator.
RESOLUTION 2010-040
6. Landscaping and Lighting Assessment Districts No. 1& 2 Adopt
resolution describing improvements and directing preparation of
Town Engineer’s Report for Fiscal Year 2010/11.
RESOLUTION 2010-041
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Consent Items – Continued
REDEVELOPMENT AGENCY
7. Dittos Lane Affordable Housing Project
a. Adopt a resolution authorizing the Executive Director to negotiate and
execute an agreement with Geier & Geier Consulting for preparation
of the Environmental Impact Report (EIR) RESOLUTION 2010-042
b. Authorize a budget adjustment for environmental consultant services
for the amount of $96,874 in Account 9301-63232
TOWN COUNCIL/REDEVELOPMENT AGENCY
8. Approve Council/Agency minutes of April 5, 2010.
MOTION: Motion by Council Member Steve Rice to approve
Consent Items #1-8.
Seconded by Vice Mayor Joe Pirzynski.
VOTE: Motion passed 4/0. Council Member Mike Wasserman
was absent.
VERBAL COMMUNICATIONS
Open/Closed Verbal Communications
TOWN COUNCIL
PUBLIC HEARINGS
9. Adoption of a resolution continuing certain department fees, rates
and charges, and amending certain fees, rates, and charges for Fiscal
Year 2010/11 (continued from 4/5/10) RESOLUTION 2010-043
Staff report made by Jenny Haruyama, Finance Budget Manager.
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Public Hearing Item #9 – Continued
Council Comments
• Questioned if the cities listed on the cost comparison sheet are cost
recovery cities and if those cities had done a fee update.
Mr. Eddes, Financial Consulting Group
• Clarified that most cities will say that they have a cost recovery policy, but
in reality most cities do not follow their policy.
• Commented that it is not unusual to come into a city that has not done a
cost recovery update in 10 to 15 years.
• Clarified that is not easy to come up with accurate fee comparisons.
Mr. Larson
• Commented that a poll was done at the last City Manager's meeting of
how many cities were doing comprehensive fee updates and studies. Four
to five cities out of eleven were doing an update or a study.
• Commented that the City of Campbell will be bringing forward their fee
study on April 20, 2010.
Council Comments
• Questioned if the Town would be above the median in comparisons when
the new fee increases take effect.
• Questioned if any of the other cities used in the cost comparison engaged
in fee updates.
• Questioned why the engineering review charge has the largest fee
increase and what the dollar increase would be.
• Questioned if the Town tracks billable hours and if the Town uses software
data to track billable hours.
Ms. Haruyama
• Clarified that the new cost recovery increases will take the Town to about
a 10% to 15% increase of where we stand currently.
• Requested clarification from the consultant on what fees were applied for
the comparisons.
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Public Hearing Item #9 – Continued
Mr. Eddes
• Clarified that the fees that were applied in the comparison chart were for
the current price of plan review and construction services only.
• Commented that with the proposed cost recovery fees the Town would be
at approximately the same level as Saratoga.
Ms. Haruyama
• Clarified that Saratoga has not engaged in any cost recovery study at
this time, but San Jose and the County of Santa Clara have engaged in
cost recovery study, Gilroy did a comprehensive fee study in 2000, and
Cupertino completed one in 2003.
• Commented that more cities are engaging in cost recovery practices given
the economy.
• Commented that the surcharge for engineering review would apply to
construction services applications only.
Mr. Larson
• Clarified that there are only two areas that will have hourly fees: 1)
proposed fees in the Attorney’s Office for special review for projects that
are above and beyond the norm; and 2) the Building Division has a few
fees that can be a four hour minimum on a weekend, because of the call
back window that they require.
Ms. Haruyama
• Clarified that any time there is a need to track billable hours, staff can use
either spreadsheets or the Town’s Accela program which will be launched
this fiscal year.
Open Public Hearing
Ms. Howell
• Expressed concerns about the current fees for sign permits and that she
had a difficult and lengthy time going through the Town's process.
Closed Public Hearing
Council Discussions
• Expressed concerns about sign permit process and if Ms. Howell’s
situation is typical when applying for a sign permit.
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Public Hearing Item #9 – Continued
Mr. Larson
• Clarified that staff would need to review Ms. Howell’s case file in order
to provide Council with a more accurate answer.
• Commented that the Town does have a tight regulatory environment for
signage and it is part of preserving the character of the community.
Ms. Rooney, Director of Community Development
• Commented that without reviewing Ms. Howell’s file, the reason for the
hold up may have been due to the fact that the shopping center has not
filed their formal sign program with the Town.
• Commented that the formal sign program tells the Town what each tenant
is allowed to display.
• Commented that the Town has allowed two additional signs to go in at the
shopping center while trying to work with them to submit the formal sign
program.
• Commented that normally it would not take that much time to receive a
sign permit through the Town.
Council Comments
• Requested that staff respond back to Council regarding Ms. Howell’s
situation.
• Questioned if the fee increases would have any significant changes to the
sign permit fee process.
• Would like to make sure that we continue to keep our community business
friendly and customer friendly.
Mr. Larson
• Clarified that the sign permit fee would not increase, however plan check
and building permits would increase.
• Clarified that in terms of economic vitality, every community varies in its
fee structure; Los Gatos does not charge a parks fee or Quimby Act fees
as other jurisdictions do.
• Commented that the Town has a unique Conditional Use Permit process.
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Public Hearing Item #9 – Continued
MOTION: Motion by Council Member Steve Rice to adopt a
resolution continuing certain department fees, rates and
charges, and amending certain fees, rates, and charges for
Fiscal Year 2010/11.
Seconded by Council Member Barbara Spector.
Council Discussions
• Commented that it is important to remain in the mid-range of the fee
comparisons.
VOTE: Motion passed 4/0. Council Member Mike Wasserman
was absent.
10. Introduction of an ordinance of the Town of Los Gatos amending
Article IX of Chapter 15 of the Town Code relating to the mitigation of
road impacts caused by construction projects.
Staff report made by Jenny Haruyama, Finance Budget Manager.
Council Comments
• Questioned the allocation process for the road impact funds and if the
funds would be designated only for capital projects.
• Questioned if the wording in the proposed ordinance reflects that the
funds go directly to the Capital Project fund and would that include capital
equipment.
• Questioned if the language in Section 4, B2 could be amended to reflect
Council's discussions to reimburse the Town to offset only direct
administrative costs and not overhead.
• Questioned if the ordinance could be amended to strike Section L in its
entirety.
Ms. Haruyama
• Clarified that monies that are collected from the road impact mitigation go
straight into a Capital Projects fund and that fund is dedicated specifically
for road infrastructure.
• Clarified that funds could be used for capital equipment as long as the
project is tied to transportation or road infrastructure.
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Public Hearing Item #10 - Continued
Mr. Martello
• Clarified that there are three components associated with the proposed
ordinance: 1) the wording in the ordinance; 2) the oversight both by Town
Management and the Council when individual expenditures come forward;
and 3) the fact that this ordinance by its terms is subject to the State’s
Mitigation Fee Act which is subject to audit and refund if it is not
designated, not used, or inappropriately used.
• Clarified that there are a lot of "checks and balances" including the
Mitigation Fee Act and the yearly audit by the Town’s auditors.
Open Public Hearing
Ms. Jensen
• Commented that she supports the proposed ordinance.
• Questioned how the funds would be used to help the residents who are
directly impacted by construction.
Closed Public Hearing
Mayor Diane McNutt directed Jackie Rose, Clerk Administrator to read the title
of the ordinance.
MOTION: Motion by Vice Mayor Joe Pirzynski to waive the reading
of the ordinance.
Seconded by Council Member Barbara Spector.
VOTE: Motion passed 4/0. Council Member Mike Wasserman
was absent.
Mr. Larson
• Clarified that the motion should reflect Council’s discussion which include:
1) the language in Section 4, B2 to read: to reimburse the Town of Los
Gatos to offset only direct administrative costs; and
2) to strike Section L in its entirety.
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Public Hearing Item #10 – Continued
MOTION: Motion by Vice Mayor Joe Pirzynski to introduce an
ordinance of the Town of Los Gatos amending Article IX of
Chapter 15 of the Town Code relating to the mitigation of
road impacts caused by construction projects, request the
Clerk Administrator to publish the summary of the ordinance
with the following changes:
1) the language in Section 4, B2 to read: to reimburse the
Town of Los Gatos to offset only direct administrative costs;
and 2) to strike Section L in its entirety.
Seconded by Council Member Barbara Spector.
VOTE: Motion passed 4/0. Council Member Mike Wasserman
was absent.
OTHER BUSINESS
11. Discussion, direction and action on proposed redistricting of the
Santa Clara County Valley Water District.
Staff report made by Greg Larson, Town Manager.
Open/Close Public Comments
Council Comments
• Recommended accepting the report and feels that there is no position to
take on the issue at this time.
• Expressed concerns that the issue of redistricting is too complex,
too rushed, and that Council does not have enough information to make a
decision.
• Council Consensus to accept the report and take no position at this time.
ADJOURNMENT
Attest: /s/ Jackie Rose
Jackie D. Rose, Clerk Administrator