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M09-17-071 MINUTES OF THE TOWN COUNCIL/PARKING AUTHORITY/REDEVELOPMENT AGENCY SEPTEMBER 17, 2007 The Town Council of the Town of Los Gatos conducted a Regular Meeting on Monday, September 17, 2007 at 7:00 P.M. TOWN COUNCIL/PARKING AUTHORITY/REDEVELOPMENT AGENCY MEETING CALLED TO ORDER ROLL CALL Present: Mayor Joe Pirzynski, Vice Mayor Barbara Spector, Council Member Steve Glickman, Council Member Diane McNutt, and Council Member Mike Wasserman. Absent: None. PLEDGE OF ALLEGIANCE - LED BY FUTURE LEADER Jaime Lenihan, 4th grader from Lakeside Elementary School led the Pledge of Allegiance. The audience was invited to participate. CLOSED SESSION REPORT CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION (Government Code Section 54956.9[b]) 15310 Kennedy Road – Potential violation of open space easement (MidPeninsula Open Space District) Mr. Korb stated that direction was given and no action was taken. PUBLIC EMPLOYEE PERFORMANCE EVALUATION/CONFERENCE WITH LABOR NEGOTIATOR (Government Code Section 54957) Town Negotiator: Rumi Portillo, Human Resources Director Title: Town Attorney Mr. Korb stated that direction was given and no action was taken. 2 PRESENTATIONS Community Recognition - Los Gatos High School - Ted Simonson, Former Principal - Al Simons, Former Vice Principal - Patty Hughes, Former Vice Principal Council Member Mike Wasserman presented Mr. Simonson, Mr. Simons, and Ms. Hughes with a community recognition for their many years of service to the high school, students, and community on behalf of the Town of Los Gatos. Mr. Simons was unable to attend tonight’s meeting, Mr. Mac Donald, his son-in- law, accepted the recognition on Mr. Simon’s behalf. Commendations - Outgoing Community Services & Parks Commissioners (Student) Mayor Joe Pirzynski presented out-going Student Commissioner, Yiran "Jimmy” Zhang, with a commendation for time served on the Town’s Parks Commission. Announcement - Incoming Community Services & Parks Commissioners (Student) Mayor Joe Pirzynski announced the incoming students who have been appointed to the Parks and Community Service Commissions. Sara Massih, Leena Iyar, Madeline Kevorkian, and Yiran “Jimmy” Zhang will be serving as student commissioners to the Parks and Community Services Commissions. TOWN COUNCIL CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION) 1. Adopt resolution amending the agreement between the Town of Los Gatos and the Town Attorney and authorizing the Mayor to sign amendment on behalf of Town. RESOLUTION 2007-105 2. Ratify payroll for the month of August 2007. 3. Ratify accounts payable for the month of August 2007. 4. Accept Treasurer’s Report for July 2007. 3 Consent Items #1-8 – Continued 5. Ad opt ordinance pursuant to recently enacted Health and Safety Code Section 33342.7, adopting a description of the program for the acquisition of real property by eminent domain for the Redevelopment Plan of the central Los Gatos project area, and approving related actions. ORDINANCE 2154 6. PPW Job No. 05-17 - Highway 9 Pedestrian Safety Improvement Project 06-14. Adopt resolution approving plans and specification of the Highway 9 Pedestrian Safety Improvements and authorize staff to advertise the project for bid. RESOLUTION 2007-106 REDEVELOPMENT AGENCY 7. Ratify accounts payable for the month of August 2007. TOWN COUNCIL/REDEVELOPMENT AGENCY 8. Approve Council/Agency minutes of September 4, 2007. Council Member Steve Glickman requested to record a no vote on Consent Item #1. Mr. Davis pulled Consent items #1, #4, #6 & #8. Mayor Joe Pirzynski stated that the pulled Consent Items would be heard after Other Business this evening. MOTION: Motion by Council Member Steve Glickman to approve Consent Items #2, #3, #5 and #7. Seconded by Council Member Mike Wasserman. VOTE: Motion passed unanimously. VERBAL COMMUNICATIONS Mr. Joe Carroll  Commented that the Town-owned land in Vasona Park is the only land left for possible sports fields.  Requested that the Town not sell its land to the County. Mr. Davis  Commented on an ad sponsored by American Apparel for its Palo Alto store.  Expressed his concerns about the recent accident at Bagerly Field and blind spots when backing onto Blossom Hill Road. 4 Verbal Communications - Continued Mayor Joe Pirzynski  Commented on the Bagerly Field accident, and thanked the Town’s emergency responders for their efforts. Closed Verbal Communications PUBLIC HEARINGS No Public Hearings were scheduled for this meeting. OTHER BUSINESS 9. Council discussion regarding West Valley Solid Waste Management Authority Board consideration of "Hard to Serve" rates effective July 1, 2008. Staff report made by Regina Falkner, Director of Community Services. Council Member Steve Glickman  Advised Council on the feedback he would like to receive and carry forward to the JPA Board. Council Comments  Requested clarification about the increase in the number of Los Gatos residents who have been designated as "hard to serve." Open Public Comments Mr. Harwin  Disagreed that "hard to serve" areas should be subsidized by all customers.  Commented on rates of other cities and that the current rates are fair and reasonable. Ms. Quintana  Commented that West Valley Recycling should explore rate options that are based on consumption. 5 Other Business Item #9 - Continued Mr. Huston  Commented that his neighborhood was removed as a “hard to serve” area.  Commented that fees should not be charged for “hard to serve” areas and that the community was ill-informed about the “hard to serve” assessment. Closed Public Comments Council Discussion  Clarified that the "hard to serve" charge is not based on the amount of consumption, but on access constraints.  Commented that Los Gatos rates are less than surrounding cities.  Commented on the benefits of consolidating recycling into one can.  Commented that West Valley Recycling has worked with the neighborhoods to resolve "hard to serve" issues.  Provided direction to keep the existing rate structure and pursue the opportunities to reduce the number of "hard to serve" customers. PULLED CONSENT ITEMS 1. Adopt resolution amending the agreement between the Town of Los Gatos and the Town Attorney and authorizing the Mayor to sign amendment on behalf of Town. Resolution 2007-105 Mr. Davis  Expressed his support of the Town Attorney’s salary and commented that he feels the Town Attorney has done a great job in the past year. MOTION: Motion by Vice Mayor Barbara Spector to adopt resolution amending the agreement between the Town of Los Gatos and the Town Attorney and authorizing the Mayor to sign amendment on behalf of Town. Seconded by Council Member Mike Wasserman. VOTE: Motion passed 4/1. Council Member Steve Glickman voted no. 6 Pulled Consent Items – Continued 4. Accept Treasurer’s Report for July 2007. Mr. Davis  Commented on the Town Treasurer’s report and on the Town’s current investment’s.  Commented that the financial report should be more visible and not added to the Consent Calendar MOTION: Motion by Council Member Mike Wasserman to accept Treasurer’s Report for July 2007. Seconded by Council Member Steve Glickman. VOTE: Motion passed unanimously. 6. PPW Job No. 05-17 - Highway 9 Pedestrian Safety Improvement Project 06-14. Adopt resolution approving plans and specification of the Highway 9 Pedestrian Safety Improvements and authorize staff to advertise the project for bid. RESOLUTION 2007-106 Mr. Davis  Commented about an accident on Highway 9 and stated the project needs to move forward.  Commented on the Cal Trans public grant awarded to the City of Saratoga. Ms. Peth  Commented that Phase 1 of the Highway 9 improvements will improve traffic and pedestrian safety.  Commented about the recent accident and why Phase 2 needs to move forward. MOTION: Motion by Council Member Steve Glickman to approve PPW Job No. 05-17 - Highway 9 Pedestrian Safety Improvement Project 06-14. Adopt resolution approving plans and specification of the Highway 9 Pedestrian Safety Improvements and authorize staff to advertise the project for bid. Seconded by Council Member Mike Wasserman. VOTE: Motion passed unanimously. 7 Pulled Consent Items - Continued 8. Approve Council/Agency minutes of September 4, 2007. Mr. Davis  Expressed his disappointment in the content of the minutes and that the past direction of Council is not being upheld. MOTION: Motion by Council Member Diane McNutt to approve Council/Agency minutes of September 4, 2007. Seconded by Vice Mayor Barbara Spector. VOTE: Motion passed unanimously. Council Comments  Commented that there are a number of ways the minutes are available.  Commented that adequate information is reflected in the minutes.  Commented that there is room for improvement in terms of capturing the essence of the issues discussed. COUNCIL/TOWN MANAGER REPORTS 10. Council Matters - Consideration of proposed Solicitation and Donation Policy. Staff report made by Jenny Haruyama, Administrative Services Manager. Council Comments  Requested clarification about past Council involvement in skate park solicitation activities. 8 Council Matters Item #10 – Continued Policy Committee Comments Vice Mayor Barbara Spector  Commented that the policy objective was to build pride in the community, and create trust and confidence in the Town government.  Indicated that the policy was designed to reduce potential conflict of interest, perception of favoritism, and pressure to donate.  Commented that the commissions need to follow same ethical requirements as the Council.  Commented on the challenges related to those who solicit for donations for events and programs.  Suggested that the publicity for donation opportunities needed to be broadened. Council Member Diane McNutt  Commented that the policy is pro-active and promotes increased awareness of ethics.  Expressed that the Policy Committee has spent a great deal of time studying viable options to minimize impacts to commissions and Town services.  Clarified that the policy is not in response to any past actions related to the skate park. Open Public Comments Mr. Lundell  Commented that the sponsorships give the local business advertising possibilities.  Questioned if there is any evidence of "pay to play" or special treatment as a result of direct solicitation by the Town. Mr. Byron  Questioned the impact of limiting the size of plaques and having naming right opportunities as it relates to major donors. Ms. Baum  Commented that the Council should consider naming rights for donors who make a sizable contribution. 9 Council Matters Item #10 – Continued Ms. Hamilton  Expressed concern that the policy does not meet the needs of the Music in the Park program.  Commented that successful fundraising requires personal contact and follow-up.  Commented that the annual cost to run the Music in the Park event is approximately $40,000 per year. Mr. Hopkins  Expressed concerns about the prohibition of direct solicitation.  Commented that he feels the policy is too broad and jeopardizes relationships built as a result of Music in the Park fundraising efforts.  Commented that donors should be recognized for the value of their gift. Ms. Hope  Commented on concerns of maintaining an equal playing field for Music in the Park and fundraising efforts for other groups in the community.  Commented that there are clear contractual agreements with sponsors and no special treatment is given relating to sponsorships.  Requested that the Arts Commission be exempt from the policy. Ms. Deloumi  Questioned how the policy will affect the skate park fundraising efforts. Mr. Miller  Expressed concerns about proposed policy procedure for establishing approved Town needs for donation opportunities.  Questioned how the authority to accept the limit of $25,000 in donations from one person was determined.  Expressed concerns about restricting the plaque size and naming rights. Ms. O’Neill  Commented that prohibiting direct solicitation will reduce the quality of the Music in the Park program.  Expressed concerns about proposed plaque size for donors.  Suggested that the Policy Committee should modify the proposed policy or fund the Music in the Park program. Close Public Comments 10 Council Matters Item #10 – Continued Council Discussion  Clarified that the policy allows Council to approve other options of recognition via resolution.  Commented on the different ways to solicit donations per the proposed policy.  Stated that donations valued at $25,000 or less can be accepted by the Town Manager.  Clarified that the policy applies to Town officials and not private individuals.  Commented that the cost for Music in the Park should be funded by the Town.  Suggested that the Town should support volunteers who want to raise funds for Town events such as Music in the Park.  Commented that elected officials should not engage in direct solicitation.  Suggested looking into the best practices used by other cities.  Suggested that an exception should be made for the Arts Commission to continue their direct solicitation activities for the Music in the Park.  Expressed concerns about the policy’s naming restrictions related to donations.  Commented about the limitations of the proposed plaque size.  Requested that the policy allow for Council discretion relating to sizable contributions.  Commented that the proposed policy does not support public/private partnerships.  Recommended that the policy discussion be continued and centered on the summarized notes taken by staff.  Recommended that the Arts Commission continue its solicitation efforts for the 2008 Music in the Park program until a policy is in place. Mr. Korb  Commented that the policy allows Council to modify format of donor recognition.  Suggested that the policy be brought back as a study session. Consensus  Continue policy discussion at a study session.  Continue the targeted solicitation of sponsors and fundraising efforts by the Arts Commission for the 2008 Music in the Park program until a policy is in place. 11 Council Matters - Continued Vice Mayor Barbara Spector  Commented that the Attorney General is using CEQA and the General Plan to impose 1990 level emission reduction requirements.  Encouraged residents from Saratoga, Los Gatos, and Monte Sereno to attend a community meeting on September 27, 2007 at the Saratoga Community Center. Council Member Mike Wasserman  Commented that funds to help Sarah Cole and her family can be sent to P.O. Box 320846, Los Gatos, CA 95032. Mayor Joe Pirzynski  Commented that the Town Hall in the Neighborhood meeting will be held at Fisher Middle School on September 24, 2007. 11. Manager Matters None this evening. ADJOURNMENT Attest: Jackie D. Rose, Clerk Administrator