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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. 2 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. 3 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 4 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. 5 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 6 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. 7 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. 8 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 9 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. 10 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. 11 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 12 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. 13 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. 14 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