M03-06-06 Council Agency Meeting March 20, 2006
TOWN OF LOS GATOS, CALIFORNIA
TOWN COUNCIL/PARKING AUTHORITY
JOINT REDEVELOPMENT AGENCY
March 6, 2006/MINUTES
Los Gatos Civic Center
110 E. Main Street
Los Gatos, CA 95030
TIME ITEM ACTION ON ITEM
TOWN COUNCIL The Town Council/Parking
Authority/Redevelopment Agency of the Town of
Los Gatos met in the Council Chambers of the
Town of Hall, 110 East Main Street, at 7:00 PM,
March 6, 2006, in a joint regular session.
7:00 PM ROLL CALL Present: Steve Glickman, Joe Pirzynski, Barbara
Spector, Mike Wasserman, and Mayor/Chairman
Diane McNutt.
Absent: None
7:01 PM PLEDGE OF
ALLEGIANCE
Girl Scout Troop 61 led the pledge of allegiance.
The audience was invited to participate.
7:02 PM CLOSED SESSION CONFERENCE WITH LEGAL COUNCIL –
ANTICIPATED LITIGATION
(Government Code Section 54956.9[b]
Threat of litigation regarding Town Council
decision denying a Formula Retail Store
(American Apparel) Conditional Use Permit No. U-
06-006
Mr. Korb reported regarding the Closed session
on February 27, 2006 and on March 6, 2006. He
stated that direction was given and no action was
taken during both meetings.
7:03 PM PRESENTATION Mayor McNutt presented Mr. Conway, Director
of Finance, with the Government Finance Officers
Association Distinguished Budget Presentation
Award.
7:03 PM CONSENT ITEMS TOWN COUNCIL
Town Council Minutes March 6, 2006
Redevelopment Agency Los Gatos, California
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#1-8
ITEM # 3, #5, #7, and #8
WERE PULLED
AND HEARD AFTER
OTHER BUSINESS
1. Accept schedule of public hearings.(1-28)
2. Accept Treasurer’s report for January 2006.
(2-2)
4. Adopt resolution supporting a measure to
secure Proposition 42 funding for state and
local transportation projects.
RESOLUTION 2006- 019 (4-41)
6. Adopt resolution authorizing the Town
Manager to accept the donation of an oil
painting valued at $5,000 given to the
Library by Evelyn Bond in memory of her
late husband James Bond.
RESOLUTION 2006-021 (6-32)
Motion by Mr. Wasserman to approve Consent
Items #1, #2, #4, and #6.
Seconded by Mrs. Spector.
7:04 PM MAYOR CALLED THE
QUESTION
Carried unanimously.
7:04 PM OPEN VERBAL
COMMUNICATION
Mr. Davis
Commented on the funding for sidewalks
along Blossom Hill Road between
University Avenue and Roberts Road.
7:09 PM CLOSED VERBAL
COMMUNICATION
7:09 PM PUBLIC HEARINGS
ITEM #9
SUPPLEMENTAL LAW
ENFORCEMENT
SERVICES
ITEM #9 (9-36)
Adopt resolution authorizing the continued use of
Supplemental Local Law Enforcement Funds
(SLESF) to provide funding for one (1) full time
police officer assigned as a motorcycle traffic
officer and one (1) full time police officer assigned
as a school resource officer.
RESOLUTION 2006-023
Staff report made by Steve Conway.
7:12 PM COUNCIL COMMENT None.
7:12 PM OPEN/CLOSED PUBLIC
HEARING
None.
Town Council Minutes March 6, 2006
Redevelopment Agency Los Gatos, California
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7:13 PM PUBLIC HEARINGS
ITEM #9
Continued
SUPPLEMENTAL LAW
ENFORCEMENT
SERVICES
COUNCIL DISCUSSION
Motion by Mr. Pirzynski to approve the resolution
for continued use of Supplemental Law
Enforcement Service Funds.
Seconded by Mr. Glickman.
7:13 PM MAYOR CALLED THE
QUESTION
Carried unanimously.
7:14 PM OTHER BUSINESS
ITEM #10
2005/06 MID-YEAR
BUDGET
PERFORMANCE AND
STATUS REPORT
ITEM #10
2005/06 Mid-Year Budget Performance and
Status Report – Six Months ending December
31, 2005.
a. Accept 2005/06 Mid-Year Second Quarter
Budget Performance Status Report,
including FY2006-11 Five-Year Financial
Projections.
b. Authorize budget adjustments as
recommended in the attached Second
Quarter Budget Performance Report.
Staff report made by Steve Conway.
7:31 PM COUNCIL COMMENT Commended staff on an excellent report.
Commented regarding the 5 year budget
forecast.
Questioned the reasons for imbalance
beginning in 2010.
Clarification regarding budget actions for
the next three years.
Clarification in the forecast assumptions
used for staffing levels.
Clarification regarding using the Revenue
Stabilization Fund as a bridge.
Commented on the need for discussion on
strategies for budget balancing in the out
years.
Commented on the need for funding for
street maintenance.
7:44 PM OPEN PUBLIC
COMMENT
Mr. Davis
Question the lack of funding mentioned in
the Mid-Year Budget Performance and
Status Report for sidewalk replacement on
Blossom Hill Road.
Mr. Conway clarified that any funding for sidewalk
replacement or repairs would come from the
Capital Improvement Project Budget which was
not a discussion on tonight’s agenda.
Town Council Minutes March 6, 2006
Redevelopment Agency Los Gatos, California
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7:47 PM OTHER BUSINESS
ITEM #10
Continued
2005/06 MID-YEAR
BUDGET
PERFORMANCE AND
STATUS REPORT
CLOSED PUBLIC
COMMENT
7:47 PM COUNCIL DISCUSSION Motion by Mr. Pirzynski to:
Accept the 2005/06 Mid-Year Budget
Performance and Status Report, including
FY 2006-11 Five Year Financial
Projections.
Authorize budget adjustments as
recommended in the attached second
quarter budget performance report.
Seconded by Mrs. Spector.
7:50 PM MAYOR CALLED THE
QUESTION
Carried unanimously.
7:51 PM OTHER BUSINESS
Continued
ITEM #11
CONSIDERATION OF
RESOLUTION
ENCOURAGING
AUTOMOBILE
DEALERSHIPS AND
CHANGE USE OF
EXISTING
DEALERSHIPS
ITEM #11
Consideration of a resolution encouraging the
retention of automobile dealerships and
establishing requirements to change the use of
existing automobile dealership sites.
Staff report made by Bud Lortz.
7:57 PM COUNCIL COMMENT None.
7:57 PM OPEN PUBLIC
COMMENT
OTHER BUSINESS
Mr. Hirschman
Asked Council to hold off on adopting any
resolution until further discussion takes
place.
Commented that he felt a lack of public
notice for the agendized item.
Mr. Bruce Swanson
Town Council Minutes March 6, 2006
Redevelopment Agency Los Gatos, California
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Continued
ITEM #11
CONSIDERATION OF
RESOLUTION
ENCOURAGING
AUTOMOBILE
DEALERSHIPS AND
CHANGE USE OF
EXISTING
DEALERSHIPS
PUBLIC COMMENT
ITEM #11
Suggested that retail could help replace
the Town’s sales tax revenue at the
location.
Commented that manufactures are
making the profits in the automobile
industry today.
Commented on the high cost of living as
a contribution to a loss in revenue for
Swanson Ford.
Commented that the resolution is
discouraging.
Commented that he felt that the auto
dealerships will continue to have hard
times in Town.
Commented that displays are a huge part
of auto sales.
Council Comment
Clarification on the speaker’s opinion
regarding sales tax replacement at that
location.
Asked Mr. Swanson for his opinion on
the future of automobile dealerships in
Los Gatos.
Mr. Davis
Commented that the resolution lacked
balance relating to neighborhoods which
surround the automobile dealerships.
Commented on the expiration of the Land
Use Permit for the Auto Mall.
Mr. Robert Swanson
Commented on the changes in the
automobile dealership business.
Commented on the new “hot spots” for
automobile dealerships.
Suggest looking into retail for the future
on Los Gatos Boulevard.
Commented on the 10-mile rule relating
to automobile dealerships.
Commented that the resolution is
discouraging, and would like continued
dialogue with the Town.
Asked for clarification regarding a peer
review process.
Council Comment
Asked for comments relating to the
resolution and the future of the
automobile dealerships in Town.
Mr. Stansberry
Town Council Minutes March 6, 2006
Redevelopment Agency Los Gatos, California
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Continued
CONSIDERATION OF
RESOLUTION
ENCOURAGING
AUTOMOBILE
DEALERSHIPS AND
CHANGE USE OF
EXISTING
DEALERSHIPS
PUBLIC COMMENT
Commented on evolving the retail
business on Los Gatos Boulevard.
Commented on looking at the General
Plan for guidance regarding revitalization
of Los Gatos Boulevard.
Mr. Scott
Does not support the resolution.
Commented on the decline in sales tax
and suggested the Town could find ways
to redevelop Los Gatos Boulevard.
8:36 PM CLOSED PUBLIC
COMMENT
8:36 PM COUNCIL DISCUSSION Questioned the revenue differences
between sales tax from automobile
dealerships and sales tax from retail for the
location.
Questioned if studies have been conducted
on retail establishments along Los Gatos
Boulevard.
Commented on developing a policy or
guidelines to give direction relating to
business establishments along Los Gatos
Boulevard.
Commented on reviewing issues raised by
the speakers at tonight’s meeting.
Commented on continuing to showcase
Los Gatos as a “full service” community.
Questioned the content of the resolution,
and requested further discussion and
information before making a decision.
Motion by Mr. Wasserman to table resolution,
and requested staff to bring back more information
at a study session on March 20, 2006 or April 3,
2006.
9:04 PM MAYOR CALLED THE
QUESTION
Carried unanimously.
Town Council Minutes March 6, 2006
Redevelopment Agency Los Gatos, California
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9:04 PM OTHER BUSINESS
Continued
ITEM #12
25 N. SANTA CRUZ
AVENUE
(AMERICAN APPAREL)
ITEM #12
Adopt resolution upholding Planning Commission
decision denying a formula retail store (American
Apparel) on property zoned C-2. Conditional Use
Permit: U-06-006. APN: 510-44-034. Property
Location: 25 N. Santa Cruz Avenue. Property
Owner: Santa Cruz Real, LLC.
Applicant/Appellant: Tacee Webb (continued from
2/6 and 2/21/06)
Staff report made by Bud Lortz.
9:06 PM OTHER BUSINESS
Continued
ITEM #12
25 N. SANTA CRUZ
AVENUE
(AMERICAN APPAREL)
COUNCIL COMMENT
Mr. Korb recommended continuing Item #12 until
April 3, 2006.
9:07 PM OPEN PUBLIC
COMMENT
Mr. Davis
Commended staff on the decisions made
regarding 25 N. Santa Cruz Avenue
(American Apparel).
Commented regarding a letter from William
Ross relating to reconsideration of the
application.
9:10 PM CLOSE PUBLIC
COMMENT
9:10 PM COUNCIL DISCUSSION Consensus to continue Item #12 until April 3,
2006.
9:11 PM CONSENT ITEMS
#1-8
Continued
PULLED ITEM #5
ITEM #5
3. Adopt resolution supporting the renewal of
the Santa Clara County Park Charter.
RESOLUTION 2006- 020 (5-33)
Mr. Glickman
Commented County has not responded
favorably to Town requests regarding
parks.
9:13 PM COUNCIL DISCUSSION Motion by Mr. Pirzynski to adopt resolution
supporting the renewal of the Santa Clara County
Park Charter.
Seconded by Mrs. Spector.
9:13 PM MAYOR CALLED THE
QUESTION
4/1 Mr. Gickman voting no.
Town Council Minutes March 6, 2006
Redevelopment Agency Los Gatos, California
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9:14 PM CONSENT ITEMS
#1-8
Continued
PULLED ITEMS
#3, #7, and #8
CONSENT ITEMS
#1-8
Continued
PULLED ITEMS
#3, #7, and #8
ITEMS #3, #7, #8
3. Adopt resolution amending agreement
between the Town of Los Gatos and the
Town Manager and authorizing the Mayor
to sign amendment on behalf of the Town
of Los Gatos (3-29)
RESOLUTION 2006-018
7.Investment advisory services (9-9)
a. Adopt resolution authorizing the
Town Treasurer and the Town
Manager to execute an agreement
with MBIA Municipal Investors
Service Corporation for investment
advisory services with estimated
annual fees of approximately
$38,000 to $40,000 annually
depending upon Town portfolio
size.
RESOLUTION 2006-022
b. Authorize Fiscal Year 2005/06
budget adjustment of $13,500 in
the Treasurer’s office budget to
provide approximately four months
of current fiscal year funding for
professional advisory services
provided to the Town Treasurer
under the proposed agreement.
TOWN COUNCIL/REDEVELOPMENT AGENCY
8. Approve Council/Agency minutes of:
a. February 6, 2006.
b. February 27, 2006
Mr. Davis
Commented regarding the Town Managers
salary.
Commented against the Investment
Advisory Service resolution
9:19 PM COUNCIL DISCUSSION Motion by Mr. Glickman to adopt Consent Items
#3, #7, and #8.
Seconded by Mr. Wasserman.
9:19 PM MAYOR CALLED THE
QUESTION
Carried unanimously.
9:20 PM ITEM #13 ITEM #13
Town Council Minutes March 6, 2006
Redevelopment Agency Los Gatos, California
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COUNCIL MATTERS
Council commended Debra Figone for such a fine
job and that they are honored to work with her.
9:21 PM ITEM #14
MANAGER MATTERS
ITEM #14
None.
9:21 PM MEETING ADJOURNED
Submitted by: ATTEST:
Jackie D. Rose, Deputy Clerk MarLyn Rasmussen, Clerk Administrator