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M02-16-101 MINUTES OF THE TOWN COUNCIL/PARKING AUTHORITY/REDEVELOPMENT AGENCY FEBRUARY 16, 2010 The Town Council of the Town of Los Gatos conducted a Regular Meeting on Tuesday, February 16, 2010 at 7:00 P.M. TOWN COUNCIL/PARKING AUTHORITY/REDEVELOPMENT AGENCY MEETING CALLED TO ORDER ROLL CALL Present: Mayor Diane McNutt, Vice Mayor Joe Pirzynski, Council Member Steve Rice, Council Member Barbara Spector, and Council Member Mike Wasserman. Absent: None. PLEDGE OF ALLEGIANCE Ronan Shaw from Hillbrook School led the Pledge of Allegiance. The audience was invited to participate. PRESENTATIONS Council Member, Chuck Page, City of Saratoga, presented information about the Peninsula Division of the League of California Cities. Vice Mayor Joe Pirzynski commented that the focus right now is on obtaining almost 700,000 signatures state-wide by April 15, 2010 for the initiative to protect local revenue from State takes. CLOSED SESSION REPORT There was no Closed Session scheduled for this meeting. TOWN COUNCIL COUNCIL/TOWN MANAGER REPORTS Council Member Mike Wasserman • Commented on an issue brought up at the Guadalupe West Valley Flood Control meeting last week regarding a proposition by the Board for consideration of a proposed fee schedule for the issuance of encroachment permits, license fees, etc. 2 Council/Manager Matters – Continued • Mr. Wasserman provided a packet of information regarding the issue for distribution to the Council Members and stated if there are any questions or thoughts he will bring them up at the next Guadalupe West Valley Flood Control meeting. Vice Mayor Joe Pirzysnki • Recommended that at the next council meeting, language be brought forward for a Council proclamation of support in favor of the statewide initiative to protect local revenues. • Council Member Mike Wasserman seconded the request by Vice Mayor Joe Pirzynski. MANAGER MATTERS Mr. Larson • Commented that last Wednesday a milestone was celebrated as long-time Volunteer in Policing (VIP), Don Stillwell, walked his 3000th mile protecting our trails. The Police Chief walked with him towards the end of the trail and there was a celebratory welcome at Town Hall. • Commented that site prep and demolition were started last week for the new library project. The historic home has been moved to Winchester Boulevard and Lark Avenue and the Town is continuing to seek individuals who are interested in purchasing the house. • Commented that the stimulus-funded work on University Avenue and Blossom Hill Road is underway. • Suggested that residents save the date, Wednesday, April 21st from 5-7 p.m., for a General Plan Update Community Forum. Did You Know…? Jerett Blaskey, Parks & Public Works Acting Parks Supervisor • Updated the Council and community on the Town’s park reservation process. • Commented that the community can make park reservations on-line at the Town’s website: www.LosGatosCa.gov, by telephone (408) 399-5781, or by visiting the Parks and Public Works Department at 41 Miles Avenue. Mayor Diane McNutt • Questioned if the type of events for which the parks can be reserved are things like birthday parties, family reunions, company picnics, etc. Mr. Blaskey • Confirmed that the events for which the parks can be reserved also include events such as cancer walks, which require a special use permit. 3 CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION) 1. Adopt a resolution authorizing the Town Manager to execute the Amendment to Grant Agreement By and Between the Town of Los Gatos and A Place for Teens and Los Gatos-Saratoga Community Education and Recreation 2009-2012 (continued from 1/19/2010) RESOLUTION 2010-015 2. Adopt resolution authorizing the Manager to sign the Joint Powers Agreement to become a member of the Silicon Valley Regional Interoperability Authority (SVRIA) and authorizing the Manager to sign the Amendment to the Second Amended Joint Funding Agreement (JFA) to allow the JFA and it’s assets to transition to the Silicon Valley Regional Interoperability Authority JPA RESOLUTION 2010-016 3. PPW Job No. 09-20 - Prospect Avenue Resurfacing Project 421-812- 0108 a. Adopt a resolution approving plans and specifications for the Prospect Avenue Resurfacing Project and authorizing staff to advertise the project for bid RESOLUTION 2010-017 b. Adopt resolution of local support for American Recovery and Reinvestment Act of 2009 (ARRA) Funding. RESOLUTION 2010-018 c. Authorize a budget adjustment in the amount of $75,705 from 421-812- 0108 4. Tract No. 10041 - Thrash House (371 Los Gatos Boulevard) Adopt a resolution approving final map for Tract No. 10041 - Thrash House (371 Los Gatos Boulevard), accepting the dedications, and authorizing the Town Manager to execute the contract for public improvements RESOLUTION 2010-019 5. Adopt resolution authorizing the Town Manager to enter into preliminary discussions with the Santa Clara Valley Transportation Authority regarding transit shelter advertising RESOLUTION 2010-020 6. Adopt amended Council Committee Appointments effective January, 2010 4 Consent Items – Continued Mayor Diane McNutt • Clarified that there are desk items on Consent Item #7 and Consent Item #9. Vice Mayor Joe Pirzysnki • Commented on Consent Item #7, the minutes, and Consent Item #10 within the minutes. • Commented that Consent Item #10 was previously presented to Council with verbatim minutes from the Planning Commission meetings and requested clarification if verbatim minutes from the Town Council meetings will be made available for the Planning Commission. • Commented that there are clarifications in the Desk Item and he hopes that the Planning Commission has the opportunity to review not only the summary motion, but the other issues that were brought up. Mr. Larson • Clarified that the verbatim minutes of the Council’s discussion will be provided to the Planning Commission. Council Member Barbara Spector • Commented on Consent Item #9, page 2 of the staff report regarding the future disposition and development agreement (DDA.) • Asked for clarification about what it is that the Agency is conveying in the agreement or has that decision been made yet. Mr. Martello • Clarified that the decision on the form of the conveyance has not been made by the Council but it will be determined by Council in public session. • Clarified that the word convey can mean transferring full fee title ownership, or it could also be a lease. • Commented that at this point the initial deliberations with ROEM Corporation will be around the possibility of transferring the fee simple, but that would have to be approved by Council. 5 TOWN COUNCIL/REDEVELOPMENT AGENCY 7. Approve Council/Agency minutes of February 1, 2010 8. Accept the 2008/09 Comprehensive Annual Financial Report (CAFR) and Management Letter 9. 20 Dittos Lane a. Adopt Town Council/Redevelopment Agency resolution approving a Relocation Impact Statement and Last Resort Housing Plan for 20 Dittos Lane RESOLUTION 2010-021 b. Adopt Redevelopment Agency resolution approving a First Amended and Restated Amended Exclusive Right to Negotiate Agreement RESOLUTION 2010-022 10. PPW Job No. 07-22 - Los Gatos/Monte Sereno Police Operations Building Project 821-2401 Adopt resolution authorizing the Town Manager to execute a third and final amendment to the professional services agreement with Ross Drulis Cusenberry, Incorporated to provide design services in an additional amount not to exceed $36,335. RESOLUTION 2010-023 11. PPW Job No. 09-06 - Los Gatos Library Project 411-281-2104 and 411- 281-2501 Adopt resolution authorizing the Town Manager/Executive Director to execute a Design and Construction Agreement with San Jose Water Company to provide water service to the Los Gatos Library in an amount not to exceed $331,600. RESOLUTION 2010-024 MOTION: Motion by Council Member Steve Rice to approve Consent Items #1-11. Seconded by Council Member Mike Wasserman. VOTE: Motion passed unanimously. VERBAL COMMUNICATIONS 6 Mr. Miller • Thanked the Town of Los Gatos for their past and continued support of A Place for Teens. Mr. Fagot • Thanked Council for their support to the youth and community through their involvement, action and financial commitment to teens. Ms. Helmer • Thanked the Council for their continuous support of A Place for Teens. • Commented that without the support that the Town provides for the Venue there would be no place for teens to hang out and have a safe environment. Mr. Miller • Thanked the Town for their support of A Place for Teens. Commented that the Venue-A-Thon has been re-scheduled to May 16, 2010. Closed Verbal Communications OTHER BUSINESS 12. Fiscal Year 2009/10 Mid-Year Budget Performance and Status Report - Six Months ending December 31, 2009 a. Accept 2009/10 Mid-Year Second Quarter Budget Performance Status Report, including FY 2009/10 Fiscal Year Financial Projections b. Authorize budget adjustments as recommended in the attached Second Quarter Budget Performance Report Staff report made by Steve Conway, Director of Finance and Jenny Haruyama, Finance/Budget Manager. Council Comments • Requested clarification of what tool is being used to make the projections through 2015 on the graph of the 5-year update. • Commented on the graph forecast trend line between 2013/14 and 2014/15 which shows a notable decrease in revenues and questioned why we are projecting that change to what appeared to be an upward move in the scale to that point. Other Business Item #12 – Continued 7 Mr. Conway • Clarified that information is extracted from the Town’s financial system, which includes salary and benefit costs by employee, and placed in an Excel spreadsheet. • Clarified that the revenue is not declining, rather the 5-year forecast graph is a portrayal of all of our revenues, including use of reserves. The last year, 2014/15, reflects that we will have used all of our reserve for capital monies that have been set aside. Mr. Larson • Clarified that on page 7 of the staff report, under Capital & Special Projects Reserve, it shows the $600,000 to $550,000 swing that Mr. Conway mentioned, but the last column shows the drop in revenue from the reserve funds being transferred. • Commented that half of the Netflix money is being allocated to GFAR funds so if we end up this year where we think we will, with half of the Netflix money going to revenue stabilization and GFAR, we will have covered that year five that currently shows nothing. Mr. Conway • Commented that it is the hope that there will be $500,000 that can be added to the reserve, which can then be used to fund our capital program in the fifth year. Council Comments • Questioned if the $8,000 increase in credit card fees is offset by revenues from convenience fees that the Town charges. • Commented that a convenience fee should be looked into to allow for cost recovery of credit card fees. • Questioned if a portion of the $100,000 increase in parking citation revenue is a result of the concerted effort to retrieve past due parking citations. • Commented that the Town lost revenue from the sales taxes generated from the car dealerships, but will gain revenue from the property tax for new development and asked if there is a projection for revenues that will be generated from development of vacant car lots. • Expressed concerns regarding operating expenditure trends and how to determine when reserves should be used with the intention of replacing them as we move forward. Other Business Item #12 – Continued 8 Mr. Conway • Clarified that the Town does not have a conveyance fee and stated that there are no cities in Santa Clara County charging a conveyance fee at this time, although several are considering it. • Clarified the increase in credit card fees is due to the use of cards by customers being higher than expected and there is a fee associated with the use of credit cards. • Confirmed that the Town did have some additional enforcement to collect on past due parking citations which is reflected in the $100,000 increase in parking citation revenue. • Clarified that at this time there is no projection for development of vacant car lots due to the limited reporting technology available from the County to run a report of assessed values on all parcels. • Commented that although future development will someday generate income, it is not calculated in the revenue projection. • Commented that the Town is sensitive to reductions in service levels and it is a priority in crafting the proposed budget for next year. • Commented that there may be a recommended use of reserves for next year. • Commented that the latest projections show that in fiscal year 2011/12 we can expect that the economy will begin to come out of the recession. Open Public Comments Ms. Garcia-Kohl, Associate Director, Housing Trust of Santa Clara County • Commented on the Town's support of the Housing Trust's program. Closed Public Comments MOTION: Motion by Vice Mayor Joe Pirzynski Accept Fiscal Year 2009/10 Mid-Year Budget Performance and Status Report, Including Fiscal Year 2009/10 Fiscal Year Financial Projections and Authorize Budget Adjustments as Recommended in the Attached Second Quarter Budget Performance Report. Seconded by Council Member Barbara Spector. VOTE: Motion passed unanimously. ADJOURNMENT Attest: /s/ Jackie D. Rose ____________________________ Jackie D. Rose, Clerk Administrator