M08-17-091
MINUTES OF THE TOWN COUNCIL/PARKING
AUTHORITY/REDEVELOPMENT AGENCY
AUGUST 17, 2009
The Town Council of the Town of Los Gatos conducted a Regular Meeting on
Monday, August 17, 2009 at 7:00 P.M.
SPECIAL MEETING - Closed Session began at 6:30 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/PATRIOTIC SONG
Leena Iyar, Parks Commission (Student)
Leena Iyar, Parks Student Commissioner, and her sister Nikhita Iyar
sang the Star Spangled Banner and led the Pledge of Allegiance. The
audience was invited to participate.
PRESENTATION
Commendation - Los Gatos-Saratoga Assistance League
Mayor Mike Wasserman presented a commendation to the Los Gatos-
Saratoga Assistance League for addressing needs within the community
through care, commitment, and volunteer programs.
The Los Gatos-Saratoga Assistance League thanked the Town and
community for their support.
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CLOSED SESSION REPORT
CONFERENCE WITH LEGAL COUNSEL – PENDING LITIGATION
(Government Code Section 54956.9[a])
Ross Creek vs. The Town of Los Gatos
Mr. Korb stated that direction was given and no action was taken.
TOWN COUNCIL
COUNCIL/TOWN MANAGER REPORTS
Council Matters
There were no Council Matters for this meeting.
Manager Matters
Mr. Larson
Commented that Sandy Baily has been appointed to acting Assistant
Director of the Community Development Department.
Commented that the Los Gatos-Monte Sereno Police Department, in
conjunction with a regional crackdown on cell phone use while driving,
issued 80 citations for cell phone use and 1 arrest for a controlled
substance.
Commented that the Town is launching the annual recruitment for Boards,
Commissions, and Committees.
Commented that the Police Operations Building has a new look and will
be opening in late October, 2009.
Commented that the Town is celebrating its 122nd birthday.
CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION)
1. Adopt resolution approving the reorganization of territory designated
Topping Way No.6, containing approximately .24 acres located at
16511 Topping Way (APN: 532-09-002). File#AN09-03.
RESOLUTION 2009-094
2. Adopt resolution granting an appeal of a Planning Commission
decision denying the construction of a single family residence on
property zoned HR-2½:PD and remanding the application to the
Planning Commission APN 537-33-003. Property Location: 20105
Foster Road. RESOLUTION 2009-095
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Consent Items – Continued
3. PPW Job No. A09-022 Contractual Custodial Services Adopt
resolution declaring Santa Clara Valley Corporation to be the lowest
responsible bidder and awarding a Custodial Services Contract in an
amount not to exceed $119,532. RESOLUTION 2009-096
4. PPW Job No. 09-11- Fiscal Year 2009/10 Curb, Gutter, and Sidewalk
Replacement Project. RESOLUTION 2009-097
a. Adopt resolution declaring RP Engineering Construction Company to
be the lowest responsible bidder on the project and award a
construction contract in an amount not to exceed $87,608.
b. Authorize staff to execute future change orders to the construction
contract as necessary in an amount not to exceed $20,000.
5. Adopt resolution setting the date for consideration of reorganization
of an uninhabited territory designated as West Parr Avenue Right-of-
Way, approximately 1.40 acres located on West Parr Avenue between
Capri Drive and Pollard Road; File #AN09-04. RESOLUTION 2009-098
TOWN COUNCIL/REDEVELOPMENT AGENCY
6. Approve Council/Agency minutes of August 3, 2009.
7. Authorize budget adjustment establishing the 224 West Main Project,
funded ($1,467,270) from the RDA Low and Moderate Housing Fund
balance for purchase of property and related acquisition costs, and
($370,000) for associated parking improvements paid from the
General Fund Appropriated Reserve designated for parking.
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Consent Items – Continued
PULLED CONSENT ITEMS
Mr. Brady pulled Consent Item #2
Commented that the August 11, 2009 Town Council meeting resolution
granting the appeal of a Planning Commission decision to deny Mr.
Hsing’s application did not accurately reflect information relating to the
visibility of the proposed structure.
Commented that the story poles were not installed in accordance to Town
policy.
Expressed concerns that the Town has made a decision based on the
incorrect installation of the story poles.
Commented that Mr. Hsing has not addressed the issues of
neighborhood compatibility.
Expressed concerns that Mr. Hsing’s landscape design plans will not
address his privacy issues.
Mr. Korb
Stated that the application is required to return to the Planning
Commission for approval and that Council’s decision was to leave the
discretion relating to the structure to the Planning Commission.
Mr. Chiocchi, Applicant
Commented that Mr. Brady has not seen the full set of plans and has not
returned any e-mails to establish a meeting.
Commented that the story poles should be resurrected and corrected to
Town standards by next week.
Commented that Mr. Hsing has down sized the home and made the
windows smaller on the west wing.
Would like to have Mr. Brady’s input on materials that would address and
improve any privacy issues between the two properties.
MOTION: Motion by Council Member Steve Rice to approve
Consent Items #1-7
Seconded by Council Member Joe Pirzynski.
VOTE: Consent Items #1 and #3-7 passed unanimously.
Consent Item #2 carried 4/1. Council Member
Barbara Spector voted no.
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VERBAL COMMUNICATIONS
Mr. Davis
Commented about coded language and misrepresentation from members
of the staff and that the Town has an annual budget of $32 million.
Commented that he would like to nickname the Town of Los Gatos
"Bloatsville” and that the Town should decrease their budget to $16 million
like the City of Saratoga’s budget.
Commented that a stranger came up and thanked him for everything he
does to take on “evil” in Los Gatos.
Closed Verbal Communications
TOWN COUNCIL
OTHER BUSINESS
8. Accept report on Affordable Housing Strategy.
Staff report made by Joel Paulson, Associate Planner.
Council Comments
Questioned if what Council would be approving gives staff authorization to
pursue options and would like clarification on how that affects staff time.
Questioned how much of the report is "note and file" because it has to be
done and how much of the report is the framework for setting priorities.
Mr. Paulson
Clarified that the report will set the framework for the various affordable
housing programs in Town.
Mr. Larson
Clarified that this program is a priority area for Town staff as reflected in
the past two year audit, where the Town needs to move aggressively to
spend 20% housing funds.
Commented that the Seifel report was initiated to assist and guide staff in
ways to best achieve the goals.
Commented that the three options listed in the staff report are new options
that staff would like to explore.
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Other Business Item #8 – Continued
Council Comments
Questioned if it would be realistic for the Town to pursue property
acquisitions.
Questioned if the funds earmarked for property acquisitions could be used
for the other options.
Suggested looking into rental units as an option for the program.
Questioned how the proposed policy relating to secondary units compares
to the Town’s current policy.
Questioned how the single parent unit count is derived under Appendix A-
2.
Suggested modifying the language to indicate criteria that meets the
affordability requirements.
Expressed concerns that the demographic report does not count the
number of seniors who are in the very low and low income demographic,
because they are “equity rich and income poor.”
Requested information on how many represent the profile of the “equity
rich and income poor” seniors as well as a count of the Town’s work force
that work in Los Gatos, but are not currently living in Town.
Requested clarification on the excess surplus funds relating to the housing
set-aside fund expenditure, the "use it or lose it” phrase, and on foot note
#13 of the staff report.
Would like to see the Town use the funds for the purposes that they are
intended and to provide opportunities to people who qualify.
Mr. Paulson
Commented that the proposed policy relating to secondary units is similar
to the Town’s current policy.
Clarified that there were discussions at the General Plan Committee
meetings which revolved around the placement of units and how they
could be used as a tracking tool.
Commented that other information would be gained through census data
and monitoring by the Town.
Clarified that the set-aside fund figure is close to $2 million and that the
"use it or lose it" date is June 2010.
Clarified that the report reflects a fund balance range due to pending
projects.
Clarified that the Town will work to ensure that they do not ever trigger the
consequences by failing to expend the excess surplus within three years.
Open/Closed Public Comments
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Other Business Item #8 – Continued
MOTION: Motion by Council Member Joe Pirzynski to accept report
on Affordable Housing Strategy.
Seconded by Council Member Barbara Spector.
VOTE: Motion passed unanimously.
9. Accept staff report on update of Community Emergency Response
Team (CERT) and Los Gatos Prepared.
Staff report made by Sergeant Kerry Harris, Los Gatos-Monte Sereno Police
Department.
Open/Closed Public Comments
Chief Scott Seaman
Commended Sergeant Kerry Harris, his son and the CERT Team for
their volunteer time, training, and dedication to the CERT program and to
the community.
Council Discussion
Commented that public safety is a high priority and CERT and Los Gatos
Prepared are great programs.
Commented that there seems to be volunteer fatigue and questioned if the
Town should look into different ways to attract volunteers to the programs.
Suggested reaching out to faith congregations as a new and different way
of reaching volunteers.
Commended Sergeant Harris and the CERT members for their volunteer
time.
Expressed concerns that charging a fee for CERT classes may price the
CERT program out of the business.
Suggested that the Town pick up the fee if a resident has a hardship.
Suggested that an adhoc sub-committee conduct a reevaluation of
CERT’s goals and create a strategic business plan to find ways to go
about promoting and maintaining the CERT program with fewer resources
by paid staff.
Requested a study on what is working and what is not working for the
CERT program.
Recommended a sub-committee to pursue the ideas brought up this
evening and to increase the volunteer base for the CERT program.
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Other Business Item #9 – Continued
Mr. Larson
Clarified that staff will provide an update on any impacts to class sizes due
to fee increases following the upcoming class in October, 2009.
Commented on outreach to neighborhoods and learning from best
practices of other jurisdictions.
MOTION: Motion by Mayor Mike Wasserman to form a sub
committee to expand and further increase the CERT
program. The Mayor will appoint two Council Members at a
later date.
Seconded by Council Member Barbara Spector.
VOTE: Motion passed unanimously.
MOTION: Motion by Council Member Steve Rice to accept staff
report on update of Community Emergency Response Team
(CERT) and Los Gatos Prepared.
Seconded by Council Member Barbara Spector.
VOTE: Motion passed unanimously.
10. Introduce ordinance repealing Town Code Section 23.10.035 - Ball
Playing in Streets.
Staff Report made by Orry Korb, Town Attorney.
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Other Business Item #10 – Continued
Open/Close Public Comments
Mayor Mike Wasserman directed Jackie Rose, Clerk Administrator to read the
title of the ordinance.
MOTION: Motion by Council Member Barbara Spector to waive the
reading of the ordinance.
Seconded by Council Member Steve Rice.
VOTE: Motion passed unanimously.
MOTION: Motion by Council Member Steve Rice to introduce
ordinance repealing Town Code Section 23.10.035 - Ball
Playing in Streets and direct the Clerk Administrator to
publish a summary no less than 5 days prior to adoption.
Seconded by Council Member Barbara Spector.
VOTE: Motion passed unanimously.
ADJOURNMENT
Attest:
Jackie D. Rose, Clerk Administrator