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M5-19-081 MINUTES OF THE TOWN COUNCIL/PARKING AUTHORITY/REDEVELOPMENT AGENCY MAY 19, 2008 The Town Council of the Town of Los Gatos conducted a Regular Meeting on Monday, May 19, 2008 at 7:00 P.M. TOWN COUNCIL/PARKING AUTHORITY/REDEVELOPMENT AGENCY MEETING CALLED TO ORDER ROLL CALL Present: Mayor Barbara Spector, Vice Mayor Mike Wasserman, Council Member Steve Glickman, Council Member Diane McNutt, and Council Member Joe Pirzynski. Absent: None. PLEDGE OF ALLEGIANCE - LED BY FUTURE LEADER Mulberry School Leadership Students Mulberry School leadership students led the Pledge of Allegiance. The audience was invited to participate. CLOSED SESSION REPORT CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Government Code Section 54956.8) Property: Vasona Property Negotiating parties: Town of Los Gatos (Negotiator: Greg Larson, Town Manager) County of Santa Clara (Negotiator: Pete Kutras, County Executive) Under negotiation: Price and terms of payment Mr. Korb  Stated that Council met in Closed Session regarding the Town owned property at Vasona Park.  Commented that Council gave direction to staff and took no final reportable action.  Stated that Council gave direction to staff to prepare a report about the Town-owned property in Vasona Park for public discussion at a Council meeting in June 2008. 2 PRESENTATIONS Commendations Tribute to Women Award (TWIN) - YWCA of Silicon Valley: Alana Forrest, Captain Mayor Barabara Spector presented the TWIN award from the YWCA of Silicon Valley to Captain Alana Forest. Ms. Forest thanked staff, Council, the police department, and Pamela Jacobs for the nomination. California Society of Municipal Finance Officers (CSMFO) -- Excellence in Budgeting Award (Capital Budget) - Fiscal Year 2007-2008 Mayor Barbara Spector presented Steve Conway, Director of Finance with a commendation for Excellence in Budgeting. Mr. Conway accepted the award on behalf of the Town and thanked staff. TOWN COUNCIL BOARDS/COMMISSION/COMMITTEES APPOINTMENTS Rent Advisory Committee (1 vacancy, 1 applicant)  Karen Kirwan was appointed by a 5-0 vote to the Rent Advisory Committee. Personnel Board (1 vacancy, 0 applicants) Art Selection Panel (1 vacancy, 0 applicants) Mayor Barbara Spector directed Jackie Rose, Clerk Administrator to re- advertise the vacant positions on the Arts Selection Panel and the Personnel Board. 3 CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION) 1. Ratify payroll for the month of April 2008. 2. Ratify accounts payable for April 2008. 3. Accept Treasurer’s Report for February and March 2008. 4. Adopt resolution accepting investment policy dated May 1, 2008. 5. Kennedy Road @ Forrester Road (APNS: 537-29-007 & 008) (Owner: Acorn Trust. Applicant: Rob DeSantis) a. Adopt resolution of the Town Council of the Town of Los Gatos making findings regarding approval of a request to approve a planned development to construct a new residence, pool, tennis court and accessory structures on property zoned HR- 2 ½. b. Adopt Planned Development Ordinance to construct a new residence, pool, tennis court and accessory structures on property zoned HR-2 ½. REDEVELOPMENT AGENCY 6. Ratify accounts payable for April 2008. TOWN COUNCIL/REDEVELOPMENT AGENCY 7. Adopt concurrent resolution of Town Council/Redevelopment Agency approving grant of Redevelopment Housing Funds to Senior Housing Solutions (185 Anne Way). 8. Approve Council/Agency minutes of May 5, 2008. Council Member Steve Glickman pulled Consent Item #4. Mr. Davis pulled Consent Item #8. Ms. Currie pulled Consent Item #5a and b. MOTION: Motion by Vice Mayor Mike Wasserman to approve Consent Items #1-3, #6 and #7. Seconded by Council Member Steve Glickman. Council Member Diane McNutt recused herself from Consent Item #7 due to her association with Senior Housing Solutions. VOTE: Motion passed unanimously. 4 VERBAL COMMUNICATIONS Mr. Dissly  Commented on the need for more tennis courts.  Requested that the Town upgrade some of the courts in Town. Mr. Silva  Commented on impacts to Town roads due to heavy construction equipment and vehicles.  Suggested that Council develop policy guidelines to address the need for accountability and potential impacts to Town roads. Ms. Dallas  Commented about the need for playing fields in the community.  Would like to see the Town keep the land located within Vasona Park. Mr. Davis  Commented in support of the Town-owned property in Vasona Park being discussed at a public meeting. Mr. Carroll  Commended staff for scheduling a public meeting to discuss the sale of the Town owned property at Vasona Park. Mr. Finkle  Commented on the need for sports fields in the community. Mr. Piazza  Commented on the need for sports fields in Town.  Would like to see negotiations with the County to address the use of park land for sports activities. Mr. Larson, Town Manager  Commented that the Council gave staff scheduling discretion regarding the Vasona item and that it is likely to be placed on the June 2, 2008 Council agenda. Closed Verbal Communications 5 PULLED CONSENT ITEMS 5. Kennedy Road @ Forrester Road (APNS: 537-29-007 & 008) (Owner: Acorn Trust. Applicant: Rob DeSantis) a. Adopt resolution of the Town Council of the Town of Los Gatos making findings regarding approval of a request to approve a planned development to construct a new residence, pool, tennis court and accessory structures on property zoned HR-2 ½. b. Adopt Planned Development Ordinance to construct a new residence, pool, tennis court and accessory structures on property zoned HR-2 ½. Ms. Currie  Commented that the project does not comply with the Hillside Standards and Guidelines. Mr. Quintana  Commented against the proposed project.  Read an e-mail by Mr. Burke stating that he opposes the proposed project. Mr. Davis  Commented against the proposed project and requested a motion for reconsideration.  Commented against “mega mansions” in Los Gatos. Mr. DeSantis, Applicant  Commented that he has been a member of the community for 16 years and that Los Gatos is his home.  Commented that there was no new information presented to Council. Ms. Quintana  Commented that the footprint of the home has not changed since discussions at the Planning Commission level.  Commented that the new information consists of more cut and fill. Mayor Barbara Spector gave Mr. Davis two warnings for disrupting the meeting. Mr. Weissman  Commented against the scope of the proposed project.  Commented that the property is not sub-dividable.  Commented that the project violates the Hillside Standards and Guidelines. 6 Pulled Consent Item #5 – Continued Mr. Pacheco  Commented against the proposed project.  Commented that the hillsides are precious and that projects should respect the hillsides. Closed Public Comments Council Discussion  Clarified the process to place the item on the agenda for reconsideration.  Commented that placing the item on the agenda for reconsideration should require a majority vote. Mr. Korb  Clarified the policy adopted by Council verses Roberts Rules of Order.  Commented that the policy should go back to the P olicy Committee for revision. MOTION: Motion by Vice Mayor Mike Wasserman to agendize the issue for reconsideration on a future agenda. Seconded by Mayor Barbara Spector. Council Discussion  Clarified that a motion for reconsideration would take three votes.  Commented that the issue should come to closure. VOTE: Motion failed 2/3 with Mayor Barbara Spector and Vice Mayor Mike Wasserman voting yes. MOTION: Motion by Council Member Steve Glickman to: a. Adopt resolution of the Town Council of the Town of Los Gatos making findings regarding approval of a request to approve a planned development to construct a new residence, pool, tennis court and accessory structures on property zoned HR-2 ½. b. Adopt Planned Development Ordinance to construct a new residence, pool, tennis court and accessory structures on property zoned HR-2 ½. Seconded by Council Member Diane McNutt. VOTE: Motion passed 3/2 with Mayor Barbara Spector and Vice Mayor Mike Wasserman voting no. 7 Pulled Consent Item #8 8. Approve Council/Agency minutes of May 5, 2008. Mr. Davis  Commented that his comments during the public hearing on May 5, 2008 were not reflected correctly. MOTION: Motion by Council Member Steve Glickman to Approve Council/Agency minutes of May 5, 2008. Seconded by Vice Mayor Mike Wasserman. VOTE: Motion passed unanimously. PUBLIC HEARINGS 9. Operating and Capital Budgets. a. Consider the Town of Los Gatos Proposed Operating and Capital Budget for Fiscal Year 2008/2009 and the b. Consider the Town of Los Gatos Proposed Capital Improvement Program for Fiscal Year 2008-2013. Staff report made by Greg Larson, Town Manager. Mr. Larson  Introduced Todd Capurso as the new Director of Parks and Public Works.  Thanked Kevin Rohani for his service as Interim Director of Parks and Public Works. Mr. Capurso  Commented that he is looking forward to serving the community. 8 Public Hearing Item #9 – Continued Mr. Larson  Presented an overview of the FY 2008/09 budget .  Commented that the key budget highlights include the police operations building, the new library project, emphasis on maintenance, youth, and the General Plan Update. Budget report made by Steve Conway, Director of Finance. Mr. Conway  Commented on revenue and expenditure assumptions for the Town.  Commented on sales and property taxes growth rate.  Commented on capital improvement financial planning and projects for 2008. Departmental Reviews Town Offices/Administration Jenny Haruyama, Administrative Programs Manager  Commented on the addition of a part-time legal assistant to support the Town Attorney's Office.  Commented on the Elected Town Treasure/Town Clerk positions.  Commented on Town-wide technology investments. Human Resources Rumi Portillo, Director of Human Resources  Commented on Town-wide retirements and recruitments.  Commented on increased costs for health benefits and cost options for healthcare.  Commented on a grant awarded to the Town for risk and safety management. Finance Steve Conway, Director of Finance  Commented on e-commerce and the use of credit card payments.  Commented on a planned fee study for next Fall.  Commented on long term financial planning. Council Comments  Questioned the conversion of pre-Proposition 13 properties in Town and would like to know how many properties are still in pre-Proposition 13 status.  Questioned long term financial planning associated with the conversion of pre-Proposition 13 properties. 9 Public Hearing Item #9 - Continued Mr. Conway  Clarified that staff has reviewed 400 properties in which 45% were pre- Proposition 13.  Commented that the County is in the process of updating its system to provide cities with this information. Council Comments  Questioned the on-line permitting system’s ability to research permit history.  Questioned the use of parking reserve funds. Mr. Larson  Commented that a small portion of the funds are recommended to be used for upgrades to parking lots 4 and 6. Council Comments  Suggested permanently re-allocating the parking reserve funds for other uses.  Questioned if the $84,000 for the new software project for on-line permitting was a one-time cost.  Questioned if the scanned documents would be searchable.  Inquired about the cost of retirement pensions. Ms. Portillo  Commented on different options to defer pension costs.  Commented that a discussion on the process will be discussed at the upcoming Executive Team retreat. Mr. Larson  Stated that comments on items discussed at the Executive Team retreat would be provided to Council in conjunction with major work efforts such as next year’s budget development. Council Comments  Commented on concerns about balancing service demands with available resources.  Commented on the percentage of retirees in Town.  Questioned ways to continue to provide high quality of service to the community. 10 Public Hearing Item #9 - Continued Mr. Larson  Commented that a service delivery review is an ongoing process and that staff and Council have an opportunity to explore various scenarios and alternatives as necessary. Community Development Bud Lortz, Director of Community Development  Commented on the decline in permit revenue.  Commented on the General Plan update and Housing element.  Commented on Non Point Source (NPDES) mandates. Police Department Scott Seaman, Chief of Los Gatos-Monte Sereno Police Department.  Commented on the shared funding for a new School Resource Officer.  Commented on the new operations building.  Commented on regional interoperability efforts. Council Comments  Questioned funding sources for the new School Resource Officer.  Questioned traffic and parking enforcement and the department’s traffic index. Chief Seaman  Clarified that he will be re-assessing the traffic index.  Commented that the department is down one motorcycle officer.  Commented that the department monitors high traffic areas.  Commented that the department has hired another parking officer. Council Comments  Questioned partnerships with neighboring cities for enforcement needs.  Commented that the Town has an active night life and inquired about a taxi permit system. 11 Public Hearing Item #9 - Continued Parks and Public Works Mr. Rohani, Interim Director of Parks and Public Works  Commented on a focus on increased maintenance.  Commented on technology efficiencies and the new on-line parks reservation program.  Commented on infrastructure and public facilities being addressed in the capital improvement projects (CIP) budget.  Commented on the Pollard Road crosswalk and the Highway 9 safety project. Council Comments  Questioned the timeframe for the Pollard Road crosswalk.  Questioned if the grading ordinance would come to Council by October, 2008.  Questioned the status of the Quito Road Bridge project.  Questioned the pavement index and if the number will go down given the level of investment available. Mr. Rohani  Clarified that due to legal matters the Quito Road Bridge project has been delayed.  Commented that the pavement index will stay between 73 and 74. Community Services Regina Falkner, Director of Community Services.  Commented on environmental activities and increased funding for youth and arts.  Commented on continued senior services.  Commented on Town funding for the 4th of July and Music in the Park events.  Commented on the increased funding for A Place for Teens. Council Comments  Questioned where the funding for A Place for Teen’s is shown in the budget.  Inquired about the use of recycling containers in the downtown area.  Suggested removing the prohibition against the solicitation of funds by A Place for Teens. Mr. Larson  Clarified the reasons for the solicitation restriction.  Commented on pursuing recycling solutions for the downtown. 12 Public Hearing Item #9 – Continued Mayor Barbara Spector called for a recess at 9:35 p.m. Meeting resumed at 9:44 p.m. Library Peggy Conaway, Library Director  Commented on planning for the new library.  Commented on new library web services and self-check machines.  Commented on the completion of the Radio Frequency Identification (RFID) project to tag and track library books. Council Comments  Questioned the annual part-time staffing hours listed in the budget.  Suggested that expenditures and FTEs relate to each other.  Inquired about the Ness Trust Fund and authorized uses. Open Public Hearing Mr. Carlson  Commented about the senior services provided by Live Oak Senior Nutrition Center.  Commented that the Center provides 400 seniors with adequate nutrition.  Commented that the majority of seniors in need are from the Villa Vasona area.  Commented that the Town has not increased funding to the Live Oak Senior Nutrition Center in the last ten years.  Expressed appreciation for the Town indentifying other resources to support the program. Mr. Davis  Expressed concerns about the Capital Improvement Program budget .  Would like to see funds from the parking fund be spent on a parking lot for Baggerly field.  Questioned when the sidewalk design study would be completed.  Commented on the lack of sidewalks in the Wedgewood area. Mr. Fagot  Thanked the Council for supporting A Place for Teens.  Commented that A Place for Teens was opened in 1994 by volunteers and has been a healthy place for teens since then. Closed Public Hearing 13 Public Hearing Item #9 - Continued Council Discussion  Questioned how the suggestions related to the Live Oak Nutrition Center would be incorporated into the budget. Mr. Larson  Commented that a variety of funding opportunities would be explored by connecting with the recreation department, service clubs, and community at large to support the center.  Commented on future revenue and expenditures.  Commented on the growing infrastructure needs.  Commented on increased parking enforcement efforts.  Commented on the directed change identified by Council for the adopted budget which would be to eliminate the prohibition against further solicitation in the Place for Teens agreement. OTHER BUSINESS There was no Other Business scheduled for this meeting. PULLED CONSENT ITEMS 4. Adopt resolution accepting investment policy dated May 1, 2008. Council Member Glickman  Recommended that the current investments in federal securities be re- evaluated given the economy and home market.  Questioned best practices for investments. Mr. Conway  Commented that he has benchmarked other cities with investment policies which mirror the Town’s current practices.  Commented on the levels of insurance required for the Town’s investments.  Commented that the Elected Treasurer does not recommend moving the investments at this time. 14 Pulled Consent Item #4 - Continued Council Comments  Questioned the Town’s investments in federal securities.  Commented that the Town’s portfolio contains $19 million in agency investments.  Suggested that when the investments mature that the Town reinvest in other options.  Questioned why the Town does not move the investments now. Mr. Conway  Clarified that 27% of the Town’s portfolio earning is a fair investment ratio and that the interest is used for the general fund.  Recommended that the Town stay the course with the current portfolio.  Suggested that Council give direction to Town Treasurer and the investment consultant regarding the Town’s investment in federal securities. Mr. Larson  Suggested to direct staff to communicate to the Treasurer and MBIA about Council’s investment concerns and that funds should be moved at the earliest opportunity. MOTION: Motion by Council Member Joe Pirzynski to adopt resolution accepting investment policy dated May 1, 2008 and direct staff to communicate to the Treasurer and MBIA about Council’s investment concerns and that funds should be moved at the earliest opportunity. Seconded by Council Member Diane McNutt. VOTE: Motion carried 4/1 with Council Member Steve Glickman voted no. 15 COUNCIL/TOWN MANAGER REPORTS 10. Council Matters Vice Mayor Mike Wasserman  Gave an update on Council involvement with a local organization called SHIFT (Safety and Health Is First).  Commented that the Town is involved in SHIFT, CASA, and Los Gatos Cornerstone. Mayor Barbara Spector  Thanked staff for the all the work that went into the budget preparation. 11. Manager Matters Mr. Larson  Thanked staff and the Management Team for preparing the budget.  Thanked Pamela Jacobs, Assistant Town Manager for her key role in bringing the budget process together.  Stated that the continuing comments made against the Clerk Administrator’s Department is inappropriate.  Recommended that with approval of the budget the skate park project donors should be sent letters offering refunds or the option of donating the funds A Place for Teens. ADJOURNMENT Attest: /s/Jackie D. Rose, Clerk Administrator